Bill 8 (Legislature 13, Session 1)

L13 S1 6445

Alberta — Bills

Bill No. 8 of 1955 (Second Session) A BILL TO AMEND THE LEGISLATIVE ASSEMBLY ACT, 1955 NOTE This Bill amends The Legislative Assembly Act, 1955, being

chapter 62 of the Statutes of Alberta, 1955. Sections 8 to 16 of The Legislative Assembly Act, 1955, contain the "disqualification provisions" and exceptions thereto. Sections 8 to 10 relate to perSons who hold seats of offices in the Parliament of Canada or Government of Canada or Alberta.

Section 11 relates to persons who have contracts with the Government of Alberta. Subsection (1) of

section 11 was apparently adopted in 1909 (by

chapter 2 of that year) from

chapter 12 of the Revised Statutes of Ontario 1897, and has since been amended from time to time usually by the addition of exceptions or qualifications. The Act of 1955 revised sections 11 to 16 but largely maintained the original division of these provisions. This Bill amends the provisions of sections 11 to 16 by setting out the disqualification in

section 11 and by bringing all the exceptions or qualifications together in a new

section 12, and expressing the exceptions and qualifications more generally and more in accord in principle with similar pro visions in other Provinces. The clauses of

section 12 are self-explanatory. .

Section 13 is the previous

section 12 of the 1955 Act.

Section 14 i~ the previous

section 15 of the 1955 Act. The other sections of the 1955 Act, viz.,

section 11, sub sections (2), (3) and (4),

section 13,

section 14 and

section 16, have been ab~orbed in the new

section

Section 17 is amended to correct a reference changed in the rearrangement of the provisions dealt with by this Bill.

Section 19, subsection (3) is replaced by a new s1:lbsec- tion which requires that one-half of the penalty, If re covered, shall belong to the person suing, but this is limited to $500.00, and the balance shall belong to the General Revenue Fund of the Province.

Section 54 is amended. This

section sets out, in addition to the sessional allowances, the compensation to be paid to members of the Executive Council. Subsection (4), which provides that members of the Executive Council are not to be paid indemnities for special sessions, is being re stricted to those members who are heads of departments.

ii Subsection (5), which provides for the salaries of the Exec utive Council is restricted to members who head depart ments, that is, who hold portfolios. Subsection (7) is added and authorizes the payment of travelling and subsistence allowances to members of the Executive Council who head no department and therefore receive no annual compen sation under the amended subsection (5). The basis of the allowance and the amount thereof is determined by order in council.

Section 6 of the Bill provides that the amendments to sections 11 to 16 will be retroactive to the 29th day of August, 1938, the date the treasury branches were instituted, but a borrowing from a treasury branch" which will hence forth constitute a disqualification, is not to be deemed to dis qualify where the borrowing was made before the commence ment of this Act either under the express exception in The Legislative Assembly Act, 1955, or earlier under any in ference as to the propriety thereof. J. W. RYAN, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No.8 of 1955 (Second Session)

An Act to amend ,The Legislative Assembly Act, 1955 (Assented to , 1955) HER MAJESTY, by and with the advice and consent of the u'gislative Assembly of the Province of Alberta, enacts as follows: 1. The Legislative Assembly Act, 1955, being

chapter 62 of the Statutes of Alberta, 1955, is hereby amended. \2: Sections 11 to 16 are struck out and the following s t" new sections are substituted: liCt~O~~ amended "11. Except as otherwise provided in

section 12, no Ineligibility person whosoever, holding or enjoying, undertaking or exe- of contractor cuting, directly or indirectly, alone or with any other, by himself or by the interposition of a trustee or third party, any contract or agreement with Her IVlajesty, or with any public officer or department, with respect to the public service of Alberta, or under which any public money of Alberta has been paid to and accepted by any such person for any service or work, matter or thing, is eligible to be a member of the Legislative Assembly or to sit or vote in the same. "12.

Nothing in this Act renders any person ineligible Eligibility to be nominated for or elected as a member of the Legis- ~~~ination lative Assembly or disqualifiies him from sitting or voting in the Legislative Assembly, by reason only of the person "(

a) being a shareholder or director of a corporation ha ving a contract or agreement with the Crown in right of the Province, other than a corpor ation that undertakes a contract for the building of a public work, within the nleaning of The Surveys and Expropriation Act, for the Province, l( (

b) receiving or having received or agreed to receive medical, surgical or health services, whether or not the same are supplied in whole or part, directly or indirectly from public moneys, " (

c) receiving or having received or agreed to receive compensation under The M.L.A. Compensation Act or any pension under The Public Service Pension Act~

2 "(

d) having entered int.o a contract or agreement with The Alberta General Insurance Company or The Life Insurance Company .of Alberta or receiving or having received any moneys under or pursuant to any such contract or agreement, " (

e) having entered into a contract or agreement under The Retirement Annuities Act for the purchase of a retirement annuity or receiving or having re ceived any moneys under or pursuant to any such contract or agreement, "(/) receiving or having received any bonus paid, under an agreement between the Government of Canada and the Province to any class of persons with re spect to goods produced by them, "(

g) being interested as an executor, administrator or trustee only, and having .otherwise no beneficial interest, in a contract with Her Majesty or with any public officer .or department, branch, board or commission of the Government, " (

h) being proprietor of or otherwise interested in a newspaper or other periodic publication in which are inserted from time to time official advertise ments appearing in other newspapers or publica tions in the Province or that is subscribed for by the Government or any public officer, department, branch, board or commission thereof or by any of the public institutions of the Province, if the ad vertisements or subscriptions are paid for at the usual rates, U (

i) being a surety for a sheriff, registrar, clerk, bailiff or other public officer or being a surety or contractor for the payment of the needs of a patient at a public asylum for the insane, but such person shall, before he sits or votes in the Legislative Assembly, take and complete such action as may be needed to re lieve him from any liability thereafter accruing in respect of his suretyship and until so doing he shall not sit or vote in the Legislative Assembly, "(

j) receiving or having received or agreed t.o receive compensation in respect of any land taken or pur chased by Her Majesty or by any public officer, department, branch, board or commission of the Government or with respect to any interest in land, if "(

i) such person has been the owner of the land f.or not less than three years, and "(ii) the amount of the compensation has been fixed by an award made under The Surveys . and Expropria;tion Act or, if the amount of the compensation has been agreed upon, a judge .of the district C.ourt upon an application made by and at the expense of the department concerned has certified in writing that the amount of the compensation is fair and reasonable 1

"(k) "( l) " (m) "(n) "( 0) "(p) 3 but such person shall not vote on any question arunng in the Legislative Assembly and touching upon such matter, being a purchaser of land, or any interest in land under an agreement for sale with Her Majesty o~ any public officer, department, branch, board or commission of the Government, or being interested in any such agreement, if the agreement to purchase was entered into or the interest therein was acquired prior to the nomination of such person as a candi date for election to the Legislative Assembly. but such pers.on shall not vote on any question arising in the Legislative Assembly and touching upon such land or agreement, being the holder of a lease under The Public Lands Act or being interested in any such lease, if he became the holder of or became interested in such lease prior to his nomination as a candidate for election to the Legislative Assembly, but such person shall not vote on any question arising in the Legis lative Assembly and touching upon such lease, being the holder of a mining, oil or gas lease or licence under The Mines and Minerals Act or being interested in such lease or licence, if such person became the lessee or licensee or became interested in such lease or licence prior to his nomination as a candidate for election to the Legislative Assembly, but such person shall not v.ote on any question aris ing in the Legislative Assembly and touching upon such lease or licence, being the h.older of a licence or permit under The Forests Act or being interested in any such licence .or permit, if he became the holder of or became interested in such licence or permit prior to his nomination as a candidate for election to the Legis lative Assembly, but such person shall not vote on any question arising in the Legislative Assembly and touching upon such licence or permit, being a contractor for the deposit of moneys in a treasury branch, or ha ving deposited moneys in a treasury branch, under The Treasury Branches Act, but nothing in this

section shall be deemed to make any person eligible to be nominated for or sit or vote as a member of the Legislative Assembly if such person, directly or indirectly, alone Dr with any other person, by himself or by the interposition of a trustee or third party, borrows or obtains a loan .of, any moneys from a treasury branch, receiving or having received or agreed to recei~e goods, services, pensions or allowances made avaIl able, pursuant to

an Act of the Province, to resi dents of the Province by reason of age, incapacity or unemployment,

Eligibility for nomination Expenses and subsistence

Section 17 amended

Section 19 amended 4 "(

q) having acquired any statutory or contractual right .or liability not provided for in the preceding clauses of this section, if " (

i) the right or liability arises under or pursuant to

an Act of the Province applicable to all members of the public or to. all members of any class of the public, "(ii) no special benefit or preference not available to other members of the public or to the class of the public to whom the statute applies is thereby obtained by such person, and "(iii) no public money is, directly or indirectly, paid to or received by such person. "13.

No person is eligible to be nominated as a candi date or to be a member of the Legislative Assembly or to sit or vote in the Legislative Assembly unless at the time of his nomination he would have been entitled to be placed on a list of electors of an electoral division of Alberta if the same were then being compiled. "14.

(1) Notwithstanding any other provision of this Act, a member of the Legislative Assembly "(

a) serving on a commission or committee appointed either by the Legislative Assembly or by the Lieu tenant Governor in Council, or "(

b) serving as a delegate to any meeting of the Com- monwealth Parliamentary Association, may be paid such sum of money for travelling expenses and subsistence in connection therewith as the Lieutenant Gov ernor in Council deems proper, and the receipt of any such money does not render that member ineligible to be a member. "

(2) Where no fixed amount has been provided for travelling and subsistence expenses of committees, com missions, or delegates, the money shall only be paid to a member upon the member furnishing vouchers or such other evidence of payments made by him as is considered sufficient." .

Section 17, subsection (2), clause (

a) is amended by striki!lg out the word and figures "section 14" and by sub stItutIng the words and figures "clause (

i) of

section 12~'.

Section 19 is amended by striking out subsection (3) and by substituting the following: "

(3) The penalty specified in subsection (2) may be re covered by any person who sues for the same in any court of competent civil jurisdiction in the Province, but if the penalty recovered is not more than one thousand dollars, one-half thereof shall belong to the person suing and one half to the General Revenue Fund of the Province or if the penalty recovered is more than one thousand dollars, five hundred dollars shall belong to the person suing and the balance to the General Revenu.e F1JJt<i Qf the Province.".

Section 54 is amended

Section 54 amended (

a) by striking out subsection (4) and by substituting the following: u (4) Subsection (3) does not apply to a member of the Legislative Assembly who is a member of the Executive Council and a head of a public de partment." , (

b) as to subsection (5), clause (

b) by adding im mediately after the word "Council" the words "who is the head of a public department", (

c) by adding immediately after subsection (6) the following new subsection: "

(7) A member of the Executive Council who is not a head of a public department shall, in respect of his duties as a member of the Executive Council, be paid travelling and subsistence allowances upon such basis and in such amounts as may be deter mined from time to time by the Lieutenant Gov ernor in Council.". 6.

(1) This Act comes into force on the day upon which Coming into it is assented to, and upon so coming into force sections 2 force and 3 shall be deemed to have been in force at all times on and after the twenty-ninth day of August, 1938.

(2) Notwithstanding the retroactive provisions of this Act, a loan obtained before the coming into force of this Act from a treasury branch pursuant to The Treasury Branches Act shall not be deemed to disqualify or to have disqualified a- member from holding a seat in a Legislative Assembly of the Province or from sitting or voting therein.

FIRST SESSION THIRTEENTH LEGISLATURE 4 ELIZABETH II 1955 (Second Session) BILL

An Act to amend The Legislative Assembly Act, 1955 Received and read the First time ......................................... . Second time ....................................... . ,Third time ......................................... . HON. MR. MANNING Title: 1955 (13th, 1st) Bill 8,

An Act to amend The Legislative Assembly Act, 1955

Document details

Collection	Alberta — Bills
Citation	L13 S1 6445
Type	bill
Volume / chapter	L13 S1 6445
Language	en
Format	json
Source	PROVINCIAL
Identifier	4497ab469ee4bcf8d75c81a4f2e2b57ea345b282

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