Bill 79 — Third Session, 19Th Legislature, 30 Elizabeth Ii the Legislative Assembly of Alberta Bill 79 Regional Municipal Services Act (Legislature 19, Session 3)

L19 S3 3951

Alberta — Bills

1981 BILL 79 Third Session, 19th Legislature, 30 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 79 REGIONAL MUNICIPAL SERVICES ACT THE MINISTER OF MUNICIPAL AFFAIRS First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1981 (19th, 3rd) Bill 79, Regional Municipal Services Act

Bill 79 BILL 79 1981 REGIONAL MUNICIPAL SERVICES ACT (Assented to , 1981) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions1 In this Act, (a) “board” means a board of directors of a regional services commission; (b) “Minister” means the Minister of Municipal Affairs; (c) “municipality” means a city, town, new town, village, sum mer village, municipal district, county, improvement district, special area, Indian reserve or armed forces base; (d) “regional services commission” means a regional services commission established under

section 2. Establishment of a regional services commission 2(1) The Lieutenant Governor in Council may make regulations (

a) establishing a regional services commission, (

b) prescribing the name of the regional services commission, (

c) governing the services to be provided by the regional services commission, (

d) designating the municipalities that are to be the members of the regional services commission, and (

e) governing the fees to be charged by a regional services com mission to its customers or any class of its customers.

(2) A regional services commission established under this Act is a corporation.

(3) If the Lieutenant Governor in Council considers that the financial or administrative condition of a regional services commission war rants the making of regulations under this subsection, he may make regulations (

a) appointing and governing the duties of an official trustee to conduct the affairs of the board of a regional services commission; (

b) requiring and governing the winding-up of a regional services commission. Objects of a regional services commission 3 The objects of a regional services commission are to provide water, sanitary and storm sewerage and waste management services, or any of them, with respect to more than 1 municipality. Board of Directors4 The affairs of a regional services commission shall be conducted by a board of directors appointed pursuant to

section 5. Members of the board of a regional services commission 5(1) On the establishment of a regional services commission, the Minister shall (

a) designate those councils of the municipalities that are mem bers of the regional services commission that are to appoint the members of the board of directors of the commission pursuant to clause (

b) and subsection (4), (

b) specify the number of members of councils designated under clause (

a) that are to be appointed by the councils as members of the board of directors of the commission, and (

c) in the case where a regional services commission provides more than 1 service, specifying the service with respect to which each member of the board of directors is eligible to vote.

(2) The Minister may, with respect to an improvement district or special area that is a member of the regional services commission, appoint 1 or more residents of the improvement district or special area, as the case may be, (

a) as members of the board of the regional services commission, and (

b) as alternate members of the board of the regional services commission, and, if 2 or more alternate members are appointed in an improvement district or special area, the Minister shall rank them in the order they are permitted to act as alternate members.

(3) The Minister may, with respect to an Indian reserve or armed forces base that is a member of the regional services commission, appoint 1 or more persons (

a) as members of the board of the regional services commission, and 2

(

b) as alternate members of the board of the regional services commission, and, if 2 or more alternate members are appointed for an Indian reserve or armed forces base, the Minister shall rank them in the order they are permitted to act as alternate members.

(4) If a council is designated under subsection (1), it shall forthwith appoint from its members the number of members of the board required to be appointed by it and may specify the term of office of each person so appointed.

(5) For each person appointed by it under subsection (4) a council may appoint 1 or more of its members to act as alternate members of the board and if 2 or more alternate members are appointed, the council shall rank them in the order in which they are permitted to act as alternate members.

(6) When a council appoints a member or alternate member to the board under subsection (4) or (5) it shall forward the name of the person so appointed to the Minister and the chairman of the board.

(7) An alternate member of the board of a regional services com mission is entitled to act in place of the member in respect of whom he is named as alternate when the original member is absent or unable to attend a meeting of the commission.

(8) When an alternate member of the board of a regional services commission acts in place of a member of the board the alternate member is a member of the board for all purposes.

(9) The regional services commission may pay remuneration to members or alternate members of the board and may compensate them for reasonable travelling and other expenses incurred in the course of their duties as members of the board. Chairman 6(1) The Lieutenant Governor in Council may appoint a person to be chairman of the board of a regional services commission.

(2) The chairman is a member of the board.

(3) The remuneration, travelling and other expenses of the chairman of the board shall be determined by the Lieutenant Governor in Council and paid by the regional services commission.

(4) The board shall meet as directed by the chairman or requested by a majority of the persons sitting on the board.

(5) When the chairman is absent from a meeting of the board, the members present may elect one of their number to preside as chairman at the meeting. Powers of a regional services commission 7(1) A regional services commission for the purpose of achieving its objects may 3

(

a) acquire and finance, construct, operate and dispose of water lines, sanitary or storm sewer lines, and water, waste and sanitary or storm sewerage plants and facilities; (

b) employ persons necessary to carry out its operations and terminate the employment of persons employed by it; (

c) subject to

section 11, acquire by purchase, expropriation or otherwise and dispose of any estate or interest in real property; (

d) engage the services of a bank, trust company, treasury branch, credit union or other financial institution; (

e) borrow money on its credit; (

f) issue notes, bonds, debentures or other evidence of indebtedness; (

g) draw, make, accept, endorse, execute and issue promissory notes, bills of exchange or other negotiable or transferable instruments; (

h) enter into agreements with the Government of Alberta, the Government of Canada, the government of a province of Canada, an agency of any of those governments, a municipal authority in Alberta or any other person; (

i) invest its funds that are not immediately required by it in authorized trustee investments; (

j) charge for its services. By-laws 8 A board may make by-laws governing the administration of the regional services commission. Fiscal year 9 The fiscal year of a regional services commission is the calendar year. Annual report10(1) The regional services commission shall at the end of each fiscal year provide an annual report of its affairs to (

a) each municipality that is a member of the regional services commission, and (

b) the Minister.

(2) An annual report provided under subsection (1) shall include (

a) an audited financial statement for the immediately preceding fiscal year, (

b) a

summary of the affairs of the regional services commission for the immediately preceding fiscal year, 4

(

c) a

summary of the next year’s projected activities, and (

d) any other information that the Minister requests. Regulations11(1) In this section, “municipal utility” means any water lines sanitary or storm sewer lines, or water, waste management or sanitary or storm sewerage plants or facilities that are owned by a municipality or jointly owned by 2 or more municipalities.

(2) The Lieutenant Governor in Council may make regulations (

a) governing the acquisition by expropriation or otherwise by a regional services commission of land, buildings and personal property used in the operation of a municipal utility; (

b) prescribing the terms and conditions to which an acquisition under clause (

a) is subject; (

c) authorizing the Public Utilities Board to determine the amount that a regional services commission must pay the muni cipalities from which it acquires municipal utilities; (

d) declaring any debt or liability incurred by a municipality with respect to a municipal utility to be a debt or liability of the regional services commission that acquires the municipal utility; (

e) providing for the continuance of services to customers and for any other transitional matter with respect to the acquisition of a municipal utility. Current and capital expenditures12(1) The Lieutenant Governor in Council may, upon the estab lishment of a regional services commission and from time to time thereafter, pay to the board of the regional services commission out of money voted by the Legislature for the purpose those sums that will enable the board to meet all authorized current and capital ex penditures that the Lieutenant Governor in Council considers to be required for development and operation of the services and facilities of the regional services commission.

(2) The sums paid under subsection (1) may be (

a) by grant, (

b) by advance or loan, or (

c) by the purchase of debentures of the regional services commission.

(3) Any sum advanced or loaned by the Government is a debt due by the regional services commission to the Government and shall be repaid by the regional services commission.

(4) The Lieutenant Governor in Council may specify the terms of 5

repayment or retirement of money advanced or loaned under this section. Settlement of disputes by Public Utilities Board 13 If there is a dispute between a regional services commission and a municipality or another regional services commission with respect to (

a) rates, tolls or charges for water, sewerage or waste disposal services, (

b) compensation for the acquisition of water, sewerage or waste disposal facilities by the regional services commission, or (

c) the use of any road, street, square, bridge, subway or wa tercourse by the regional services commission the dispute may be submitted to the Public Utilities Board for an order on any terms and conditions that the Public Utilities Board may impose. Application of Act14 In the event of a conflict between this Act and the Municipal Government Act, this Act prevails. Amends

chapter 27 of the Statutes of Alberta, 1974 15 The Expropriation Act is amended in

Schedule 1 by adding the following after

section 2: 2.1 The Regional Municipal Services Act Acquisitions of a municipal utility under

section 11 Amends

chapter 218 of the Revised Statutes of Alberta 1970. 16 The Local Authorities Board Act is amended in

section 2(

d) by adding “a regional commission established under the Regional Mu nicipal Services Act” after “irrigation district,”. Amends

chapter 219 of the Revised Statutes of Alberta 1970. 17 The Local Authorities Pension Act is amended in

section 2(

b) by adding the following after subclause (iv): (iv.1) a regional services commission established under the Regional Municipal Services Act, Amends

chapter 14 of the Revised Statutes of Alberta 1970 18 The Alberta Municipal Financing Corporation Act is amended (

a) in

section 2 (

i) in clause (

g) by adding ", regional services commission" after “drainage district”, and (ii) by adding the following after clause (g): (g.1) “regional services commission” means a regional services commission established under the Regional Mu nicipal Services Act; 6

(

b) in

section 10(1) (

i) by adding “, regional services commissions” after “drainage districts” wherever it occurs, and (ii) by adding “, commission” after “hospital, district”. Amends

chapter 246 of the Revised Statutes of Alberta 1970 19 The Municipal Government Act is amended by adding the fol lowing after

section 271: 271.1 A council and a regional services commission established under the Regional Municipal Services Act may enter into con tracts with respect to water, sanitary or storm sewerage or waste management services without the approval of the Public Utilities Board under

section 271. Amends

chapter 251 of the Revised Statutes of Alberta 1970 20 The Municipal Taxation Act is amended in

section 25(1 ) (

a) in clause 2 by striking out “or” at the end of subclause (

i) and by adding the following after subclause (i): (i.1) owned by a regional services commission established under the Regional Municipal Services Act, or (

b) by adding the following after clause 29: 30. land and improvements owned by a regional services commission established under the Regional Municipal Serv ices Act. Amends

chapter 89 of the Statutes of Alberta. 1977 21 The Planning Act, 1977 is amended in

section 1, clause 16 by adding the following after subclause (v): (v.1) a regional services commission established under the Re gional Municipal Services Act, or Amends

chapter 302 of the Revised Statutes of Alberta 1970 22(1) The Public Utilities Board Act is amended by this section.

(2) Section 2 is amended (

a) in clause (

i) by repealing subclause (ii) and substituting the following: (ii) does not include (

A) a municipality that does not voluntarily come under this Act in the manner provided in this Act, or (

B) a regional services commission; (

b) by adding the following after clause (j): (j.01) “regional services commission” means a regional 7

services commission established under the Regional Munic ipal Services Act.

(3) Section 103 is repealed and the following is substituted: 103

Section 104 applies (

a) to those areas of Alberta that are defined and described by an order of the Board made on the recommendation of the Provincial Planning Board, or (

b) with respect to a regional services commission, to the area within the boundaries of the municipalities that are mem bers of the regional services commission.

(4) Section 104 is amended (

a) in subsection (1) (

i) by renumbering clause (

a) as clause (a.1) and by adding the following before clause (a.1): (a) “proprietor commission” means a regional services commission that owns, operates, manages or controls a public utility; (ii) in clause (

b) by adding “or waste management” after “sewerage”; (

b) in subsection (2) (

i) by adding “, a regional services commission” after “a municipality”, (ii) by adding “or proprietor commission” after “proprietor municipality”, wherever it occurs, and (iii) in clause (b) (

A) by adding “, regional services commission” after “the municipality”; (

B) by adding “or waste management facilities” after “facilities”; (

c) in subsection (3) by adding “and (6)” after “subsection (5)”; (

d) by adding the following after subsection (5): (6) Subsection (3) does not apply to a public utility that is owned, operated, managed or controlled by a proprietor com mission. 8

(6) Section 105 is amended (

a) in subsection (1) by adding “or a regional services com mission” after “a municipality”, and (

b) in subsection (2) (

i) by adding “, regional services commission” after “any municipality” wherever it occurs, (ii) by adding “or proprietor commission” after “proprietor municipality” wherever it occurs, (iii) by adding “or applying regional services commission” after “applying municipality” wherever it occurs, and (iv) in clause (

a) by adding “or regional services commis sion” after “other municipality”; (

c) in subsection (3) by adding “, regional services commis sions” after “municipalities”. Coming into force23 This Act comes into force on Proclamation. 9 Title: 1981 (19th, 3rd) Bill 79, Regional Municipal Services Act

Document details

Collection	Alberta — Bills
Citation	L19 S3 3951
Type	bill
Volume / chapter	L19 S3 3951
Language	en
Format	json
Source	PROVINCIAL
Identifier	5377ec7b12ab3a7c78d96d1ae4e38f06e4bc758d

Source file is stored in the law ingest library (json).