Bill 105 (Legislature 15, Session 1)

L15 S1 1684

Alberta — Bills

No. 105 1st Session, 15th Legis,Lature, Alberta 12 Elizabeth II BILL 105 A Bill to amend The Municipal District Act HON. MR. HOOKE Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1964

Explanatory Note I.

Chapter 215 of the Revised Statutes is amended.

Section 68" requires an abstract of the financ~al .. aftairs of a municipal district to be prepared by Feb. 1st eacb - year. Sub section (6) states: "

(6) The secreta1'Y-tn"ea.su~el', .on or be·fore the tenth day of Febl"UarY, $hall cause a printed copy of the abatraet and report referred to l·n subsections (1), (2) and (3) to be maHed to every person whose name appea.rs upon the assesSIIllent roll.". 3. Self-explanatory. 4. Under sections 57 and 85 one of the qualifications required by every member of the council of a municipal district is residence in the municipal district.

BILL No. 105 of 1964

An Act to amend The Municipal District Act (Assented to I 196.4) HER MAJESTY, by and with the advice and consent of the Legislative Asse1mbly of the Province of Alberta, enacts as follows: 1. The Municipal District Act is hereby amended.

Section 68, subsection (6) is amended by striking out the word "tenth" and by substituting the word "twentieth". 3. The following

section is added after

section 82: 82a.

(1) The council, by by-law may set up, contract for or otherwise institute a scheme of insurance for the pur pose of insuring all or any employees against sickness, acci dent or death, as the case may be.

(2) Any such scheme of insurance may require such con tributions on the part of the members or em,ployees and on the part of the municipal district as the council in its discre tion may provide in the by-law, and the council may deduct the contributions of the members or employees from their salaries. .

(3) A by-law passed under this

section shall not be deemed to be a money by-law. 4. The following

section is added 'after

section 85: 85a. For the ,purposes of sections 57 and 85 the place of residence is governed by the following rules so far as they are applicable: (

a) the residence of a person is his, true, fixed, per m'anent home or lodging place to which whenever he is absent he has the intention of returning; (b) (

c) a person does not lose his residence by leaving his home for temporary purposes; if a person leaves the municipal district with the intention of making his residence elsewhere, he loses his residence in the municipal district;

Section 96, subsections (3) and (6) presently read: "(3t) NotWlithstanding ,subsections (1) and (6), if it appea1'ls toO the counciJ. that it is desirable to hoO},d ilie nomination meeting or ,the annual meeting upon some oOther day it may pro,vIde by lI"e8olution for holding the meeting upon any other day within three daY'S before oOr after the -firs,t Saturday of Novembe,r or the third Saturday of February, as the case may be.

(6) Prior to the thi,rty-fiil'St day of December in each year the coonci,l ,shall p,rovide fOT h,o'lding an annua.l meeting upon the third Saturday of February in the next fo]Jowing year for the discussion of municipal affairs, w1)ich shal'l commence not earlier than ten o'clock in the forenoon nor later tlhan one o'clock in the afternoon.".

Section 248, subsection (4) presently reads: "

(4) For the purpo's'e of e,stablishing industry or other commercial enterp,rises, the council by by-law may authorize the purchase, lea>Se or other ~qutisition from the Government of Canada of lands pre vi'ously used as miM,tary es,tablishments.".

Section 250, which restricted the moving of the office of the municipal district is repealed.

Section 255 is amended to remove some duplication with the provisions of The Expropriation Procedure Act. 2

Section 274a, subsection (1) presently reads: "274a.

(1) The council may pass ,by-laws (

a) est3lhlishing and determining the boundaries of a rural fire protection area, (

b) autho,rizing the purchase of apparatus and equipment for ex tinguishing fires and preserving life and property from injury or destruction !by fire in the rural fire proteotion area, , (

c) proViiding fo,r recovering the cost of the apparatus and equip ment so purch3lsed by a levy of a SlPecial tax on all prOiPeMy in the rural fire protection area and appeaI"ing on the assess ment roU of the municipal distr.iet, and (

d) authorizing agreements with other munictpaldties for the joint use, control and management of the apP3!ratus and equipment.".

Section 286e, subsections (1), (2) and (5) presently read: "286e.

(1) If in the opinion o;f ,the council, an unoccupied build~ng, struoture or erection ds, by rea.son of its ruino'llS or dilapddated con dition, dangerous to the puhHc safety or he3llth, ;the councll may make an order res,pecting such buj,1ding, structure or erection.

(2) Any such order may iI'equire the owner witlhin a period of time which shall not be less than three months from the date of the making of the order, (

a) to remedy the ,condia'on in the manner and to the extent directed in the order, or (

b) to d~molish and remove the unoccup.ied building, struoture or erectIOn and clear the site thereof.

(

d) the place where a person's family resides shall be deemed to be his place of residence unless he takes up or continues his abode at some other place with the intention .of remaining there, in which case he shall be deemed to be a resident of such other place; (

e) the residence of a single person is the place where he occupies a room as a regular lodger or to which he habitually returns not having any other per ma.nent lodging place.

Section 96 is amended (

a) as to subsection (3) by striking out the words "third Saturday of February" and by substituting the words "first Saturday in March", (

b) as to subsection (6) by striking out the words "third Saturday of February" and by substituting the words "first Saturday in March". G.

Section 248, subsection (4) is amended by adding after the words "Government of Canada" the words "or the Gov ernment of Alberta". "1.

Section 250 is repealed.

Section 255 is amended by striking out subsections (1), (2) and (4) and by substituting the following: 255.

(1) A council may expropriate land that the coun cil-is authorized to acquire or that is necessary for the use, construction, maintenance or repair of any municip:al works authorized by this Act or that is necessary for obtaining better access thereto.

(2) The land to be acquired shall be surveyed and marked on the ground by a qualified surveyor who shall prepare proper plans in triplicate of the land. 2

Section 274a is amended (

a) as to subsection (1) by striking out clause (c), (

b) by adding the following subsection:

(3) An expenditure made pursuant to this sec tion may be recovered by a levy of a special tax on an assessed property in the rural fire protection area and appearing on the assessment roll of the municipal district.

Section 286e is amended (

a) as to subsection (2) by s'triking out the words "three months" and by substituting the words "one month", (

b) by adding the following subsection aiter subsection (4) :

(5) The council shall cause not less than one month's notice to be sent by registered m.a.iJ to the regi'stered and asseslsed owner of the Jand upon whioh the uno·ooupied building, st·rucrure or erection stands, specifying the date, time and place at which the making 0If such an order wHl be considered and that such owner will be gdven an opportunLty of rupopearing and being heard by the council at such meeting before the ma.k>ing of the order.".

Section 331 is amended to permit the budgeting for and the levy of a special reserve trust fund for future capital purposes.

Section 335 is revised to bring it into conformity with The Town and Village Act,

section 368. 3

( 4a) If the proceeds from the sale of the building, structure or erection, after the deduction of any taxes owing thereon, are insufficient to meet the cost of demolition or clearance of the sire, or if no proceeds are realized from the demolition and re moval of the building, structure or erection, the council may charge the cost of the work done against the owner of the land on which the build ing, structure or erection was located and recover the cost as a debt due to the municipal district or charge the cost against the land concerned as taxes due and owing in respect of that land and recover the cost as such. (

c) as to subsection (5) by striking out the words ".one month's" and by substituting the words "two weeks' ".

Section 331 is amended (

a) as to subsection (1) by adding the following clause: (

g) such sums as may be required to meet the con tributions to a special reserve trust fund. (

b) as to subsection (3) by adding at the end thereof the words "but the estimates shall not be adopted until the council has trans,mitted to the Department a copy of the estimates and the advice of the Depart ment has been received in respect thereof", (

c) as to subsection (4) by adding the following clause after clause ( a) : (a1) the contrihutions to a special reserve fund, (

d) as to suhsection (11) by adding after the words "sinking fund" the words "or special reserve trust fund".

Section 335 is struck out and the following is sub stituted: 335.

(1) The secretary-treasurer shall prepare a tax roll (

a) on or before the fifteenth day of September in each year, or (

b) a.t any time during the year with respect to property assessed pursuant to

section 55 of The Assessment Act, 1960, and shall proceed to collect the taxes specified therein.

(2) Where the council has passed a by-law authorizing the levy of a business tax the secretary-treasurer shall pre pare a business tax roll and may enter therein, at any time during the year, a business tax assessment and the amount of the levy thereon and proceed to collect the' taxes specified therein.

(3) The tax roll may be a continuation of the aSisessment roll and may ,combine all classes .of taxes or there may be a separate roll for each distinct class of taxes, and shall in that way, or independently, contain. 3

13.,-Section 3.69, subsection (1) reads: H389~

(1) Where- tax-es are- due in respect of any land occupied by a. tena,nt the seere1;.M"Y-tr.easurer or a person' authorized, by him for the purpose- rna-y' give th& tenant noti.ce in writing requiring him to pay to, the . s.ecre.ta.ry .. to::-easurer the rent of the premi-ses as; it- becomes due from- time_ to time to the amount of the taxes due and unpaid, and costs/'. r4.

Section 382, subsection (2) is amended to remove an un certainty of meaning. Subsections (2) and (3) presently read: 4 "

(2) Except as otherwise provided in this A,ct, a by-Jaw for borrow ing money; or· contracting debots and not payable out of the revenues of'tlbe current year (a)sihaU· provi,de for the i,ssue of debentures, (ib) shall provi-de for the levy of annual taxes for the payment o-f the iborr:owings or the debts contracted, and (

c) shall be governed by s.ootion 251, except that 0) the ten thoosan,d dotlla,I" or five mill limit referred to in subsection (1) o,f

section 251 doe's not apply, and (ii) when a vote of the proprietary electors is reqUJired the by law shaWl: not be finally passed by the oounoil until it has been approved- by two-thilrds of -the propri-e'tary electors voting thereon.

(3) No municipal distrdcthas power to pass by-laws to contract general- debts to a greater extent than five pe,r cent of the assessed value of the lands, buildings and improvements ,in the municipal district. " •

Section 382a, subsection (2) presently reads: "(

a) The appliJCationshruL1 be made as reqUJired by The Public Utilities Act and shall be made before or immediately after 1Jhe f~rst reading of the by-law. and befoce the by-law is submitted to a vote of the pl'OlpT-ietary elect'ors.". 16. Self-explanatory.

(

a) the name of every person liable to taxation, (

b) the re'sidence of every person liaJble to taxation, (

c) the assessed value of land, buildings. and improve- ments·, (

d) the business tax assessment, (

e) the assessed value of a. special franchise, (/) the assessed value of property assess,ed under The Electric Power and Pipe Line Assessment Act, (

g) the assessment of property valued pursuant to The Municipal and Provincial Properties Valuation Act, (

h) the total amount for which the person liable to taxation is liable, and (

i) the several rates of taxation levied for the current year, and there shall be calculated and set down opposite each such entry in appropriately headed columns, the sums for which that person is chargeable by way of taxes. 1'3.

Section 3,69 is amended by adding the following sub

section after subsection (1) : (1a) The secretary-treasurer shall notify the owner of the land by registered mail of the intention 'Of the mumcipal district to proceed under authority of this,

section not leg,s than fourteen days prior to the date on which such 'action isproP.osed to be ta-ken.

Section 382 is amended (

a) as to .subsection (2), clause (c) .by striking .out the words, "governed by" and by substituting thewordB "proceeded with in the same manner as set out in", (

b) as to subsection (3) by ,striking out the wo.nis "general debts to a greater extent than five" and by substituting the words "debenture dehts to a greater extent than twenty".

Section 382a, subsection (2) is amended by adding at the end thereof the words "if such a vote is required". 16. The following

section is added after

section 404: 404a.

(1) Subject to

section 251, the council may pass a by-law to provide for the formation and maintenance .of a special reserve trust fund for the purrpose of a specific future capital expenditure.

(2) To obtain funds for a special reserve trust fund the council may in each or any year include in the esti mates such sums as it considers necessary for this purpose. 4

Section 425, subsection (2) presently reads: "

(2) A council by by-law may prohibit the construction or placing of (

a) buildings a.nd shelter belts, (

b) farm dugouts, and (

c) cesSlp«)<)o1s or disposal f.ields, closer than one hundred feet to the centre Une of any public road, highway or street.".

Section 429, subsection (2) presently reads: "

(2) No agreement made pursuant to ,S'IlIhsection (1) is operative until It nas received the assent of two-tJhirds of the proprietary electors of the municipal district or part thereof voting thereon in the manner provided in

Part V.". 19. Form A is amended to conform with the amendment to

section 96. 20. Commencement of Act. 5

(3) All money collected for a special reserve trust fund shall be paid into the special reserve fund trust account.

(4) The council may expend the special reserve trust fund at any time for the capital expenditure for which the reserve was established.

(5) Subject to subsection (6), the council may pass a by- law authorizing the use of the special reserve trust fund for a purpose other than that for which the reserve trust fund was established.

(6) A by-law under subsection (5) shall be proceeded with in the same manner as a by-law to which

section 251 applies.

(7) The money in a special reserve trust fund may be invested in bonds either of Canada or the Province of Alberta or in guaranteed term certificates of a chartered bank or treasury branch.

Section 42;5, subsection (2) is amended by adding after the words "one hundred" the words "and twenty-five".

Section 429, subsection (2) is amended by striking out the word "it" and by substituting the words "the by-law authorizing the agreement". 19.

Schedule A is amended as to Form 4a by striking out the word "February" and by substituting the word "March". 20. This Act comes into force on the day upon which it is assented to and upon so coming into force clauses (a), (

c) and (

d) of

section 11,

section 16 and

section 18 shall be deemed to have been in force at all times on and after the first day of January, 1964. 5

No. 105 FIRST SESSION FIFTEENTH LEGISLA YURE 12 ELIZABETH II 196,1 BILL

An Act to amend The Municipal District Act Received and read the First time ................................ " ..... . Second time ..................................... . Third time .................................... .. HON. MR. HOOKE Title: 1964 (15th, 1st) Bill 105,

An Act to amend The Municipal District Act

Document details

Collection	Alberta — Bills
Citation	L15 S1 1684
Type	bill
Volume / chapter	L15 S1 1684
Language	en
Format	json
Source	PROVINCIAL
Identifier	3f2d148fd5bd29fcd08d6517c5ec8e7877b42d7d

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