Bill 53 — Third Session, 17Th Legislature, 23 Elih.~Etii 11 the Legislative Assembly of Alberta Bill 53 the Municipal Government Amendment Act, 1974 (Legislature 17, Session 3)

L17 S3 5319

Alberta — Bills

1974 Bill 53 Third Session, 17th Legislature, 23 EliH.~etIi 11 THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 53 The Municipal Government Amendment Act, 1974 MR. STROMBERG First Reading .............................. . Second Reading Third Reading Printed by L. $. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 53 Mr. Stromberg BILL 53 1974 THE MUNICIPAL GOVE.RNMENT AMENDMENT ACT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Municipal Government Act is hereby amended.

Section 2, clause 23 is amended by striking out sub clause (viii) and by substituting the following: (viii) sewage system,

Section 14, subsection (1) is amended (

a) by adding the following clause after clause (c): (c1) form a summer village into a village (

i) if the summer village contains not less than 75 separate buildings each of which has been continuously occupied as a dwell ing for a period of not less than six months immediately prior to the request of the counc.n, and (ii) if the council of the summer village has, by resolution, requested the change in status; (

b) as to clause (

f) by adding after the word "village" the words "or a village into a summer village". 4. The following

section is added after

section 14: 1·4.1

(1) The Lieutenant Governor in Council may by order, upon receipt of any or all of the recommendations of a boundaries committee or commission appointed by him, (

a) amalgamate lands within the boundaries of o?e rural municipality with lands within the boundarIes of another rural municipality to form a new rural municipality, or

Explanatory Notes l. This Bill will amend

chapter 246 of the Revised Statutes of Alberta 1970.

Section 2, clause 23, subclause (viii) presently reads: <l3. "pubUc utility" means any municipal revenue earning wO'rk or utiUty, and includes the municipal (vili) 'sewers, and the service .or commodity supplied by any public utility; 3. To permit the Lieutenant Governor in Council to change a summer village into a village and vice versa.

Section 14, subsection (1) presently reads: 14.

(1) The Lieutenant Governor in Council, by order, may: (

a) form into a municipal district any part of Alberta not included m a city, town, new town, village or summer village; (

b) upon receipt by the Minister of a petitiDn (

i) signed by at least 50 per cent of the proprietary electO'rs thereof, and (ll) accompanied by a plan sh.owing the proposed boundaries of the proposed summer villag·e, form any ,summer resort into a summer vtllage if the area tha.t would be included in the summer village contains not less than 50 separa.te buildings, each of which has been occupied as a dwelling at any time during the six-month period preceding the re,ce~pt of the petition; (

c) upon receipt by the Minister of a petition (

i) by at leas,t 50 per cent of the persons who would be pro prietary electors ,of the village, if a village were formed, and (ii) accompanied by a plan showing the proposed boundarie,s of the proposed vUlage, form any part of Alberta into. a village if the area that would be included in the viUage contains not less ,than 75 separate build ings each of which has been continuously occupied as a dwelUng for a period O'f not less than six months immediately prior to the receipt Df the petition; (

d) form a village into a town (

i) if the village contains' over 1,000 inhabUants, and (if) ,if the council of the village has, by resO'lution, requested the change in status; (

e) fDrm a town into a cLty (

i) if ,the town contains over 10,000 inhabi,tants, and (ii) if the c.ouncil of the town has', by resolution, requested the change in status; (

f) form a city intO' a town or a town into a village (i) .if the population in the municipality warrants such a change, or (ii) if a majority .of the proprietary electors of the municipality voting upo·n the question as to whether or not the status of the municipality should be changed is in favDur of th€ change, or (Hi) if there has been a failure to' elect a council, Dr (iv) if the municipality has' failed to carry out the requirements of this Act, The MunLcipal Election Act Dr The Municipal Taxation Act, or (

v) for any Dther reason considered adequate by the Lieutenant Governo·r in Council. 4. The Lieutenant Governor in Council may amalgamate rural municipalities or alter their boundaries.

(

b) alter the boundaries of a rural municipality by annexing any lands there1to lOr excluding any lands therefrom, w,ithout any petition, plebiscite or notice.

(2) In this

section "rural municipality" means a county, municipal district, improvement district or special area.

(3) An order under this

section may be made subject to such terms and conditions that :the Lieutenant Governor in Council considers proper and the order may (

a) give directions as to any matter or thing required in connection with the first election next following the making of an order under this section; (

b) describe the boundaries of the new rural munici pality; (

c) contain directions :that the amalgama;ted or annexed lands are .or are not subject to debentures already issued by the rural municipality, with respect to the area amalgamated or annexed, or the rate levied to meet those debentures; (

d) contain directions that the new rural municipality assess the land amalgamated or annexed upon any basis or principle of assessment specified in the order for the term of years fixed by the order; (

e) fix a maximum rate of taxation for the lands amalgamated or annexed, for the term of years fixed in the order; (

f) deal with and make any provision respecting any by-law for the protection .of any rights of any per son in the amalgamated or annexed lands.

(4) Section 18,

section 20, subsection (4) and sections 21, 22 and 23 apply with the necessary changes to an order under this section.

Section 115 is amended by striking out subsection (3) and by substituting the following subsection:

(3) A council may, either in a general penalty provision in a by-law or in a pena},ty provision applicable to a contra vention of a particular prlOvision of a by-law, provide for (

a) a ,minimum fine, which shall be imposed by a court upon a eonviction for a contraventi.on of the by-law, or (

b) minimum and maximum fines applicable to second or subsequent offences, .or (

c) a minimum daily fine not exceeding $500 for every day that the offence continues after conviction, or (

d) any combination of fines authorized by this sub section, or

Section 115, subsection (3) presently reads:

(3) A council may either in a genera.l penalty

section in a by-law or in a penalty applicable to a contravention of a particular provision of the by-law provide fo'r a minimum :fine whi-ch shall be imposed by a court upon a conviction for a contravention of the by-law and may also provide for minimum and maximum fines which shall be appHcable to second and subs€quent offences, 2

(

e) a minimum period of imprisonment in case of non payment of the fine and costs, which period may vary for first, second and subsequent offences burt shall not exceed six months in respect of one offence. 6. The following

section is added after

section 149: 149.1 A council may by by-law authorize the imposition of interest charges not exceeding 1 per cent per month on general accounts payable to rthe municipality that remain unpaid after 30 days from the date of the mailing of the account.

Section 161 is amended as to clause (

a) by striking out the words "'On any sidewalk" and by substituting the words "in any public place". 8. The following sect.ion is added after

section 196: 196.1

(1) Where a notice has been :issued under sec tion 195, subsection (1) or a declaration has been affixed under

section 196, subsection (1), the local board of health or the medical health officer, as the case may be, may cause to be filed with the Registrar of the proper land titles office a caveat against the registration of any per son as transferee or owner of, or of any instrument affect ing, the lands which are the subject of such notice or declaration, unless the instrument or certificate of title is expressed to be subj ect to that caveat.

(2) The Land Titles Act applies to a caveat under this section.

(3) Notwithstanding subsection (2), a caveat registered under this

section does not lapse and shall not be cancelled or withdrawn except upon the receipt by the Registrar of a notice in writing from the local board of health or the medical health officer, as the case may be, requesting such cancellation or withdrawal.

(4) The Registrar shall, in addition to the notices re quired by sections. 141 and 143 of The Land Titles Act, give like notice to caveators and mortgagees where the addresses of those persons may be ascertained from the certificate of title.

Section 206 is amended (

a) as to subsection (1) by adding aft,er the word "by laws" the words "or resolutions", (

b) as to subsection (1.1) by adding after the word "by--Iaws" the words "or resolutions". 3

G. Interest on general accounts.

Section 161, clause (

a) presently reads: 161. For the purpose of regula,ting and controlling animals the coun cil of any municipality may pass by-laws (

a) preventing the leading, riding and driving od: cattle or horses on any sidewalk, 8. Caveat may be filed on title to unsanitary or unfit premises.

Section 206, subsections (1) and (1.1) presently reads: 206.

(1) The coundl may pass by-laws providing for grants (

a) to any hospital, (

b) to any charitable organization, (c) ,to sufferers from any calamity anywhere in Canada, (

d) to r,eligious and educational organizations, and (

e) Repealed 1973, c. 40, s. 18. and may make all regulations, conditions and pr,ovisiollS with respect thereto.

(1.1) The councii may pas,s by-laws providing for grants to non profit organizations which the council considers are entitled to grants to provide for activities and events which the council considers are of benefit to the municipality and may make all regulations, conditions and provisions with respect there,to. 3

Section 226 is amended by adding the following sub

section aft,er subsection (7):

(7.1) A municipality may by by-law require the owner or operator of every licensed mobile unit park in the muni cipality to notify the licence officer of the municipaHty in wri,ting of (

a) the name and address of the owner of each mobile unit in the mobile unit park within 14 days of its being occupied, and (

b) any change of ownership or occupancy or any re moval of a mobile unit from the park within 14 days of the change or removal.

Section 239 is amended by adding the following sub sections after subsecUon (7):

(8) A council may by by-law establish a fund to provide loans to individuals whose property does not meet the mini mum standards prescribed under rthis section.

(9) A by-law under subsection (8) shall prescribe (

a) the maximum amount of borrowings which may be outstanding at anyone time, (

b) the maximum amount which may be loaned to any individual, (

c) the maximum term for which a loan may be made, (

d) the rate of interest to be chargeable on borrowings, and (

e) the qualifications necessary for obtaining a loan.

Section 263, subsection (2), clause (

b) is amended by striking out the figure "13" and by substituting the fig ure "12". 13. The following secUon is added after

section 273: 273.1

(1) The council of a municipal district may, by by-law approved by the IVIinister of Telephones and Utili ties, authorize the borrowing of such sums of money for such terms as are prescribed in the by-law for the purpose of constructing within the municipal district a rural gas utility as defined by The Rural Gas Act.

(2) The municipal district may as security for any loans made under this section, give promissory notes or other similar forms of obligation signed by the mayor and treas urer, and each promissory note or obligation is valid and binding upon the municipal district according to its tenor. 4

10. Authority to require mobile unit park operator to provide information for licensing purposes. II. Authority to establish a fund to assist persons whose property does not meet minimum standards. 12. To correct a cross-reference. 13. Authority for municipal district to finance a rural gas utility. 4

(3) A by-law passed under this

section may make the debt (

a) a lien and first charge on the revenues of the rural gas utility only and not on the taxes, rates or other revenues of the municipal district, or (

b) a lien and first charge on the revenues 'Of the rural gas utility in pri'Ority to a charge on the taxes, rates or other revenues of the municipal district.

(4) The powers given by this

section are in addition to the powers given in

section 310.1 and any amounts bor rowed under this

section shall not be taken into account in determining the maximum amount that may be hor rowed under

section 310.1, subsection (4).

(5) A by-law passed under this

section does not require the assent of the proprietary electors but does require the approval of the Local Authorities Board which approval shall be obtained before or immediately after the first reading of the by-law.

Section 275 is amended by striking out subsections (1) and (2) and by substituting the following subsections: 275.

(1) A municipal district may, under

section 270, confer a special franchise with respect to a specified part or parts only of the municipal district, and (

a) the by-law and contract may specifically provide that all or any specified part or parts of the muni,,; cipal district will be under no liability or obligation to do any thing in relation to the privileges granted thereby that will cause any increase in the tax rate or any other levy that is made annually by the council, and (b) ,if the by-law and eonrtract contain a prOVISIOn under clause (a), 'Only ,the proprietary electors of the specified part or parts of the municipal district are entitled to petition for a vote 'Or to vote on the by-law.

(1.1) A municipal district may, under

section 271, enter into a contract for the supply of any of the comm'Odities listed therein to the municipality for the use of a municipal public utility that serves a specified part or parts only of the municipal di:strict.

(2) A municipal district may, under

section 273, pur chase, lease or construct a public utility to serve a specified part or parts 'Only of the municipal district and, if the cost of the purchase, lease 'Or construction is by the by-law made a lien and first charge on the revenues of the public utility in priority to a charge on the taxes, rates and other revenues of the municipal district, then only the 5

Section 275 presently reads: 275.

(1) A munidpaI district may exercise the powers provided in

section 270, 271 or 273, in a specified part or parts o.f the municipal district o.nly, in which event o.nly the pro.prietary electo.rs of the specilfied part or parts of the municipal district are entitled to p,etition fo.r a vete or to. vo.te o.n the by-law.

(2) The by-law and contract ,shall pro.vide specifically that the municipal distri'ct will be under no liability o.r o.bligatio.n to. do. any act or thing whatso.ever in relatio.n to. ,the privileges granted thereby that will cause any increase ,in the tax rate o.r any other levy which is made annually by the council.

(3) When pursuant to. this o.r any other Act, a new town o'r village has reverted to. the status o.f a hamlet, a special franchise with respect to. the area, o.r a co.ntract fo.r the supply of light, Po.wer, natural gas or water to. perso.ns in the area, that has been co.nferred or entered into. by the governing autho.rity previo.usly having jurisdictio.n in the &-rea and that has become operative therein shall be de,e'med to. have been conferred on and entered into en its original date by the council o.f the municipal dis:trict in which the hamlet is situated and to. have beco.me operative therein, and 'sectio.n 272 appl,ies, the ne,cessary change,s being made, to. the special franchise o.r contract. 5

proprietary electors of the specified part or parts of the municipal district are entitled to petition for a vote or to vote on the by-law. 15. The following

section is added after

section 276: 276.1

(1) A rural gas co-operative association may own or operate in a municipality a rural gas utility in a franchise area under The Rural Gas Act but, notwithstand ing The Rural Gas Act, if the franchise area extends out side the municipality into another municipality, no pipes, wires, poles or equipment shall be carried in, upon, through, over or under any highway or public street, lane, road or passage within the other municipality without the consent of the council of that municipality.

(2) Section 270, subsections (1) and (3) do not apply to the consent of a council under subsection (1).

Section 280 is amended by striking out the words "in part" and by substituting the words "any part".

Section 310.1 is amended by striking out subsection (1) and by substituting the following: 310.1.

(1) When a council has adopted its program of capital works and expenditures to be undertaken in any year, the council may by by-law authorize the mayor and treasurer to borrow, from time to time, such sums as the council considers necessary to provide for the temporary financing of the works and expenditures at any time pend ing the issuance of all or any part of the debentures therefor. 18. The following

section is added after

section 310.1: 310.2

(1) Where a municipality has entered into an agreement with the Government of Alberta, the Govern ment of Canada or any 'of their agencies for the joint financing of the construction, maintenance, operation or use of a public work, building or structure, the council at any time, pending receipt 'Of all or any part of the funds to be provided under the agreement, may by by-law author ize the mayor and treasurer to borrow from time to time such sums as may be required to finance the construction, maintenance, operation or use.

(2) The aggregate of the principal of all sums borrowed under this

section shall not exceed the total of the sums that the Government of Alberta, the Government of Canada or their agencies will contribute pursuant to the agreement. 6

15. Authority required before rural gas co-operative associa tions in a municipality can enter another municipality.

Section 280 presently reads: 280. Any user of a public utility being aggrieved respecting service charges, rates and toOlls made to such uS'er may by application appeal toO the Public Utilities Board and the Board, if satisfied that such service charge (

a) does not conform to, the public utility rate structure established by the municipaUty, or (

b) has been improperly impos'ed, or (

c) i.s dis,criminatory, may make an ,order vary,ing, adjusting or disallowing the whole o,r tn part oOf such charge.

Section 310.1, subsection (1) presently reads: 310.1

(1) When a council has adopted its program of capital works and expenditures to, be undertaken in any year, the council by by-law may authorize the mayo,r and treasurer to borrow such sums as the council considers neeessary to provide for the temporary finaneing of the works and expenditure,s pending the 1ssuance of de,bentures. 18. To permit municipalities to borrow funds to finance senior Government's portion of shared expenditures pending receipt of contributions. 6

(3) When contributions are received pursuant to the agreement, payments 'in amounts equal thereto shall be made on the borrowings obtained under this

section in respect of that agreement.

(4) The tern1 of any borrowing under this

section shall not continue beyond the date upon which the final con tribution under ,the agreement is received.

(5) A by-law passed under this

section does not require the assent of the proprietary electors or the approval of the Local Authorities Board.

Section 324, is amended as to subsecUon (2.1) by adding after the word "borrowing" the words "at the interes't rates then available".

Section 329, subsection (2) is amended by st,riking out clause (

c) and by substituting the following clause: (

c) change the interest rate from an annual to a semi annual rate or vice versa and issue the debentures at the interest rates then available, or

Section 381, subsection (2) is amended by striking out the words "or any operating surpluses of the munici pality". 22. The following

section is added after

section 382: 382.1. The council may authorize the municipal treas urer to invest any operating surpluses of the municipality or other moneys of the municipality that are not required for immediate disbursement in any of the securities referred to in

section 362 or in notes or deposit receipts of chartered banks or in term deposit certificates of treas ury branches and to dispose of any investment so made whenever necessary to meet expenditures.

Section 4,10 is amended by st,riking out subsection (1) and by substituting the following subsections: 410.

(1) Except as otherwise provided in this s:ection, all lost or unclaimed property in the possession 'Of the municipality or any department thereof shall be retained for three months.

(1.1) All lost or unclaimed bicycles in the possession of a municipality or any department thereof shall be retained for 45 days.

(1.2) In subsection (1.1), "bicycle" includes any cycle, propelled by human power, upon which a person may ride regardless of the number of wheels it may have. 7

19. To clarify that replacing debentures may provide for cur rent interest rates.

Section 324, subsection (2.1) presently reads:

(2.1) Notwithstanding anything in this se-ction, a by-law creating a debt to be financed by the issuing of debentures, the term of which is not les's than 10 years, may provide for the issuing of debentures for s'uccessive five year periods during the life of the borrowing and retLI1ing the issue of the previous five year period. 20. To allow a change of interest rates on any substituted de bentures.

Section 329, subsection (2), clause (

c) presently reads:

(2) The by-law may (

c) change the interest fl'om annual to semi-annual or vice ver,sa, or 21. Consequential to

section 22 of this Bill.

Section 381, sub section (2) presently reads:

(2) Any reserve funds formed in a.ccordance w,ith subsection (1) or any operating s'urpluses of the municipality may be invested in any of the securities referred to in

section 362. 2'2. Authority to invest moneys not presently required for dis bursement. '23. To shorten the time for retention of lost or unclaimed bicycles. 7

(1.3) If property is not claimed within the time lim,ited by this section, it becomes the property of the municipality and the municipality may dispose of the property by public auction and any property offered for sale at a public auc tion and not sold thereat may be otherwise disposed of as the co.uncil directs. 24. The Municipal Election Act is amended by striking out

section 16 and by substituting the following section: 1!6. When the status of (

a) a summer village lis changed to that of a village, or (

b) a village is changed to that of a town, or (

c) a town is changed to that of a city, or (

d) a village is changed to that of a summer village, or (

e) a town is changed to. that of a village, or (

f) a city is changed to that of a town, the term of office of the mayor and councillors holding office at the time the change in status becomes effective shall be determined by the Minister. 25. The Municipal Taxation Act is amended as to

section 145, subsection (1), clause 6, by striking out the words "sanitary sewer" and by substituting the words "sanitary sewage system". 26. This Act comes into force on the day upon which it is assented to. 8

24. Consequential to amendment to

section 14 of The Municipal Government Act.

Section 16 of The Municipal Election Act presently reads: 16. When the ,status of (

a) a village is raised tOo that .of a town, Qr (

b) a town is raised tOo that .of a city, Qr (

c) a town is' -reduced ,tD that of a village, or (

d) a city is reduced tOo tha.t .of a town, the term of office of the maYDr and councillors holding office 31t the time the change in status becomes effec,tive shall be determined by the Minister. 25. Consequential to amendment to

section 2 of The Municipal Government Act to clarify that public utility includes the whole sewage system and not sewers only.

Section 45, subsection (1)1 clause 6 presently reads: 145.

(1) The council may authQriz,e a work of any .of the following types to be undel'taken as a local impl'ovement: 6. making, deepening, enlarging Dr extending D,f a sanitary sewer, storm sewer or combined sanitary and storm sewer system and making sewer service connecti.ons thereto; 8 Title: 1974 (17th, 3rd) Bill 53, The Municipal Government Amendment Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5319
Type	bill
Volume / chapter	L17 S3 5319
Language	en
Format	json
Source	PROVINCIAL
Identifier	4a79e882313436f6219aaf66673818352f31b31c

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