Bill 29 — Third Session, 17Th Legislature, ~':Ejliiab~H L'F 111R; the Legislative Assembly"Of'Alberta Bill 29 the School E.Lection Amendment Act, 1974 Dr. Paproski (Legislature 17, Session 3)

L17 S3 5295

Alberta — Bills

1974 Bill 29 Third Session, 17th Legislature, ~':EJliiAB~h l'f 111r; THE LEGISLATIVE ASSEMBLY"OF'ALBERTA BILL 29 The School E.lection Amendment Act, 1974 DR. PAPROSKI First Reading .... , ......................... . Se,eond Reading Third Reading Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

}Jill 29 Dr. Paproski BILL 29 1974 THE SCHOOL ELECTION AMENDMENT ACT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent 'Of the Legislativ,e Assembly of Alber,ta, enacts as follows: 1. The School Election Act is hereby amended.

Section 2, clause (

f) is amended by striking out sub clause (iii) and by substituting the following: (iii) who (

A) has resided in Alberta for the six consec utive months immediately preceding nom ination day, and (

B) is resident in the district or division in which the vote is to be held Oon n'Omination day;

Section 3 is amended (

a) by striking out subsection (1) and by substituting the. following: (b) 3.

(1) The Minis,ter may (

a) give directions governing the ,cOonduct of a general election, by-electiOon, plebiscite, poll, vote 'On a resOolution, by-law or mOoney bY-law, referendum or vote on any matter or questiOon wher'e he considers the pro visions of this Act insufficient; (

b) require all boards, at any time, to conduct a vote Oor referendum 'Of the electOors Oof the district 'Or division on any matter or ques tion specified by him. by striking out subsection (3) and by substituting the following:

(3) The Minister may m:ake regulations prescrib ing forms to be used under this Act and providing for any matter relating to the conduct of a VOote or referendum held at his direction.

Explanatory Notes I. This Bill will amend

chapter 331 of the Revised Statutes of Alberta 1970.

Section 2, clause (

f) presently reads: (f) "elector" means a person (1) 18 years of age or older, (ii) who is a Canadian citizen or British subjoot, and (iii) resident in the district or divison in which the vOite is to be held for at least the 12 months immediately preceding polling day;

Section 3 presently reads: 3.

(1) The Minister may give directions governing procedures in re gard to the conduct of a general election, by-election, plebis'cite, poli, vote on a resO'lution, by-law or money by-law, referendum or vote on any matter or question where the prO'vi:sions of this Act are insufficient.

(2) If in any particular or in any cas'e it appears to the Mini$ter to be difficult or impossible to apply the provisions O'f this Act to an e,lection, plebiscite, poll for a money by-law or referendum the Minister may in his discretion decide any questions arising through the difficulty or impos'sibility and in so deciding he may alter any dates prescribed by this Act for the doing o.f any matter or thing and may give such other directions as are justified by the difficulty or impossibility.

(3) The Minister may make regulations pre.scribing forms to be l.lsed lJnder thi:;; 4\.ct,

Section 10 is amended by striking out clause (

d) and by SUbstituting the following clauses: (d) (d1) resident in Alberta fQr the 12 consecutive months immediately preceding nQminatiQn day, resident in the district or subdivision of a divisiQn Qr ward f:Qr which he ,is nQminated for the six con secutive months immediately preceding nQmina.tion day, 5. Sect,ion 41 is amended by striking out subsection (1) and by substituting the following subsection: 41..

(1) NQmination day for a general election in a dis trict or divisiQn is the same day as nQmination day fror a general electiQn in a city, tQrwn, municipal district or village under The Municipal Ele.ction Ac,t in the year in which the electiQn is to. be held.

Section 44, clause (

b) is amended by striking out sub clause (

i) and by substituting the following subclauses: (

i) that he has resided in Alberta fQr the 12 con secutive mQnths immediately preceding nQmina tion day, (i.1) that he resides in and has resided in the distrlict or subdivisiQn of the divisiQn Qr ward fQr the ,six consecutive mQnths immediately preceding nQmination day,

Section 53 is amended by striking out subsection (2) and by subst,ituting the following subsection:

(2) The resolution shall cQntain the p:VQcedures. to be fQllQwed (

a) in the taking Qf the votes by any of the means prQ vided in subsection (1), and (ib) in the counting, by machine or otherwise, of the votes taken by any of the means provided in sub s'ectiQn (1), which p~ocedures sihaH, as nearly as poslsible, follow the provis~ons of ;j)his Act. 8. The following

section is added after

section 95: 95.1.

(1) A board may by by-I1aw provide for the attend ance of deputy returning Qfficers at places O'f residence Qf electors, during the hours an advance poll is Qpen or such Qther time as may be fixed by the hoard, in order to' take the vQtes of electors .whQ are unable to. attend a polling place Qr an a~v'ance PQllIng place to. VQte because Qf physical in capaCIty. 2

Section 10, clause (

d) presently reads: 10. To be eligible to become a trustee a person must be (

d) resident in the district or subdivis'ion of a division or ward for which he is nominated for at least the 12 consecutive months immediately preceding nomination day,

Section 41, subsection (1) presently reads: 41.

(1) Nomination day for a general election (

a) in a city district or a district or division 'Situated wholly or partly within the boundaries of a town is the same day as nomination day for a general election in a city, ,town or village under The Municipal Ele.ction Act, and (

b) in the case of any other distriCit or diVision, is the same day as nomination day fora general election in a municipal district under The Municipal Election .Act in ,the year. in which the election is to be held.

(2) Where a by-eJection is required to fill a vacancy in a board, nomination day shall be such day as the board determines.

Section 44, clause (

b) presently reads: 44. Every nomination of a candidate for trustee (

b) shall be accompanied by a written acceptance signed by the person nomin8Jted, stating (

i) that he resides, in and has resided in the district or SUbdivision of a division or ward for at least the 12 months immediately prior to nomination day, (ii) ,that he is qualifie,d to be eleCited to the office, and (iii) that he will accept the office if elected, and

Section 53, subsection (2) presently reads:

(2) The resolution shall contain the procedures to be followed in the taking of the votes by any of the means provided in. subsection (1), which procedure ,shall as nearly as possible follow the provisions of this Act. 8. To provide for the taking of votes of incapacitated electors by· the attendance of deputy returning officers at the electors' residence. 2

(2) Where a by-law has been passed under subsection (1), an electQr whO' is unable to' attend a polling place Qr an advance pGllingplace to vote because of his physical in capacity may apply in writing ~Q the returning .officer to' have a deputy returning officer attend at his place Qf residence t'O take his vote but such application shall be made in the fGrm land within the time fixed 'by ,the by-law.

(3) Where the returning offik'er is satisfied that an elec tQr is unable to' attend a PQlling place Qr Ian advance polling place hecause of physical incapacity he shall include that electQr's name 'On a list to be prep,ared by him.

(4) The list shall be arranged alphabetically according to districts 'Or subdivisions of a division or a ward and shall c'Ontain (Ia) the name 'Of each ele'ctor, (

b) the address of each elector's place of residence, (

c) an indication as to' whether tbe 'elector is a puhlk 'Or separate school supp'Orter, (

d) the number 'Of the subdivision or ward in which the ,elector is entitled to vote (if any), and (

e) any other inf,Qrmation whkh the returning offlicer considers necessary.

(5) When the returning 'Officer has completed the 1'1st in accO'rdance with this sectiQn he shall (

a) advise each applicant lin writing that his applkation has been accepted Qr rej ected, as, the case may be, and in the event of rejection, give r'easO'ns therefor; (

b) infO'rm electO'rs whO'se applications have been ac cepted of the 'apprO'ximate time at which the deputy returning off,icer will attend at the elector's place of res,idence ; (

c) appoint sufficient deputy returning 'Officers to give full 'effect to' the prO'vis:iQns of this section.

(6) All attendances by deputy returning officers under this

section shall be made during ,the hO'urs in which advance polls are open or such 'Other time as may be fixed by the bGard and no vote shall he taken at any 'Other time.

(7) All proceedings that in the opiniO'n of the returnling Qfficer tare necessary or expedient to' give full eff,ect to' the pr'Ovis,ions of this sectiO'n shall be deemed to be 'authorized nGtwithstanding any incO'nsistencies that may arise between this sectiO'n and any other prO'vision of this Act.

(8) Where there are wards or subdivisiO'ns, in a district Gr division, the deputy returning 'Officer shall maintain separate ballGt bGxes ror each ward or subdivi,sion of the district Gr division. 3

(9) A by-law passed under this

section remains ,in force until repealed.

(10) All the provisions Qf this Act 'apply, so far as they are applicable, to the taking of Viotes under this

section and 00 all proceedings ,in connection therewith or incidental thereto. 9. This Act comes into force on the day upon which it is assented to. '4 Title: 1974 (17th, 3rd) Bill 29, The School Election Amendment Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5295
Type	bill
Volume / chapter	L17 S3 5295
Language	en
Format	json
Source	PROVINCIAL
Identifier	4aa5663c8ab42fd275c6c27b0c4f4e6c87f3d59f

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