Bill 83 (Legislature 13, Session 4)

L13 S4 6213

Alberta — Bills

No. 83· 4th Session, 13th Legislature, Alberta 6 Elizabeth II, 1958 BILL 83 A Bill to amend The City Act HoN. MR. HOOKE Printed by L. S. WALL, Printer to the Queen's Most Excellent :Majesty, Edmonton, Alberta, 1958

Explanatory Note 2. Reference changed to the new Assessment Commissioner. 3. (

a) Section 42 provides for by-elections to fill vacancies on a city council. At present there is no provision for such an election if a vacancy occurs after the elections in October and before the end of the year. By the amendment the special election is required to be held unless the vacancy occurs between July first and Septem ber fifteenth. (b) Subsection (3) amended to conform to change made to sub section (2). See note to clause 3 (

a) above. (

c) Words omitted as unnecessary . 4. This amendment will make a British subject eligible to be elected mayor or alderman whether or not he is a Canadian citizen. 5, (

a) Section 98•(1) presently reads as follows : "~8 . (1 ) ('InuRe f

f) or 'eetion !ti does not appl~· to any perMon hy rt ~ n!-l o n oni~~ " l

d) of snles of good" and n te t·c·hnndls e to the cllr or to Jlerson" <'Ontrnl'tlng \VIth the <'lty and made h)' n dealer In those goods and merchandiHe incid e ntal to and In the orcllnnr y <·ourse of his IJuslneRs at COil1J1Ctlth·e prlee~ ... .

Section 97 (

f) disqualifies persons who have contracts with the city from sitting on the council. (

b) Section 98, subsection ( 2), clause (

b) presently reads as follows: "12) ~o nmror or al<IPJ'Innn shrtll vole In the l'OUndl "(

b) on nny Pontrnet for the sniP of goods nnd merchantll"" to whlc·h h e IR n PArty, " .

BILL No. 83 of 1958

An Act to amend The City Act (Assented to , 1958) HER MAJESTY, by nnd with the advice and consent of the Legislative ARsembly of the Province of Alberta, enacts as follows: 1. The City Act, being

chapter 42 of The Revised Statutes of Alberta, 1955, is hereby amended.

Section 2, clause (/1) is amended by striking out the words "Director of Assessments" and by substituting the words "Assessment Commissioner".

Section 42 is amended. (

a) as to subsection (2) by striking out the words "in any year" and by substituting the wo1·ds "and be fore the fifteenth day of September", (

b) as to subsection (3) by striking out the words "in the previous year" and by substituting the words "and before the fifteenth day of September", (

c) as to subsection (4) by striking out the words "and occurring on or after the first day of July in the previous year". ·

Section 96, subsection ( 1) , clause ( 1>) is amended. by adding immediately after the word "citizen'' the words "or a British subject" .

Section 98 is amended (

a) as to subsection (1) (

i) by adding immediately after the words "does not apply" the words "nor shall it be deemed to have heretofore applied", (ii) by striking out the words "goods and mer chandise" wherever they occur in clause (

d) and by substituting the words "goods, mer chandise or services", (

b) as to subsection (2), clause (

b) by striking out the words "goods and merchandise" and by substitut ing the words "goods, merchandise or services".

2 6. British subjects are qualified to vote in municipal elections. 1. See note to clause 6. 8. See note to clause 6. 9. See note to clause 6. I 0. The present Act states that the employee may be absent from work from four to six o'clock in the afternoon. The proposed amend ment would make the time of absence more flexible and is similar to

section 69 of The Election Act. II. Under the present

section 280, subsection (1) , clause (g), a council has authority to pass by-laws for the purpose of prohibiting, eliminating or abating noise. There is some doubt as to whether this would permit the passing of a by-law t~rohibiting noises made by the alteration of mufflers on motor vehicles. 12. {

a) The powers of a city to take action against the owner of a vehicle for certain parking offences are clarified.

Section 99, clause (

c) is amended by adding imme diately after the words "Canadian citizens" the words "or British subjects". '1.

Section 102, subsection (5), clause (

a) is amended by adding immediately afte-r the words "Canadian citizen" the words "or a British subject".

Section 103, subsection (7) is amended by adding im mediately after the words "Canadian citizens" the words "or British subjects".

Section 161, subsection (1) is amended by adding im mediately after the words "Canadian citizen" the words "or a British subject".

Section 197 is struck out and the following is sub stituted: "19'1.

(1) An employee who is an elector, shall while the polls are open on polling day at an election, have three con secutive hours for the purpose of casting his vote. "

(2) If the hours of the employee's employment do not allow for such three consecutive hours, his employer shall allow him such additional time for voting as may be neces sary to provide the said three consecutive hours, but the additional time for voting shall be granted at the con venience of the employer. "

(3) No employer shall make any deduction from ·the pay of any such employee nor impose upon or exact from him any penalty by reason of absence from his work during such three consecutive hours or additional time.".

Section 280, subsection (1) is amended by striking out clause (

g) and by substituting the following: "(

g) for the purpose of prohibiting, eliminating or abat ing noise and in particular, but not so as to restrict the generality of the foregoing, prohibiting the oper ation of any vehicle powered by an internal combus tion engine, the exhaust muffling system of which has been removed or altered in such a manner that it is capable of emitting a noise louder than that emitted by the exhaust muffling system originally installed.".

Section 283 is amended (

a) as to subsection (2) by striking out clause (

g) and by substituting the following: "(

g) prohibiting the owner of a vehicle or the per son in charge of a vehicle from parking or leaving the vehicle on private property without authority from the owner, tenant, occupant or person in charge or control of the private property and providing for

3 (

b) Where a traffic by-law is violated the owner of the motor vehicle may be charged when the identity of the driver cannot be ascertained. 13. By this amendment, the debt and lien arisin~ upon the grant ing of municipal relief is to apply only to the cities' share of such relief. It will not apply in respect of provincial contributions thereto. 14. Authol'ity given to cities to disconnect the telephone service if long distance charges are not paid. IS. This amendment is in line with a provision of The Edmonton Charter that was not included in this Act when it was passed. The City of Edmonton has requested that this amendment be made.

•l .. "(

i) the impounding nml removul from the private property of n vehicle so parkect or left thereon without authority, " ( ii) the laying of an information and com plaint against the owner or person in charge of the illegally parked whicle for the parking offence, or "(iii) the placing on the vehicle of u parking violation notice allo,ving the owner of the vehicle an opportunity to pay a set amount in lieu of prosecution for the offence,", (

b) l.Jy mlding immediately after subsection (2) the following new subsections: "

(3) Where a vehicle is driven, used, parked or left in contravention of a by-law passed pursuant to this section, the owner of the vehicle is guilty of the contravention and liable to the pennlty provided in the by-law unless he proves to the satisfaction of the justice of the peace or magistrate trying the case that at the time of the contravention the ve hicle was not driven, used, parkerl or left hy him or by any other person with his consent, express or implied. "

(4) In this

section "owner" means, in the case of a motor vehicle registered pursuant to The rl' hicles and High way Trajjic Act, the pcn~on named on the certificate of registration.".

Section 340 is amended IJ,\' adtli11g immediately after subsection (10) the following new :mllsection: "(lOa) Notwithstanding subsections (9) and (10), the charge and debt thereby created applies only for the value of the contribution made by the city to the indigent assist ance given and to only the city's share of any mone,\'S ex pended towards the assistance and <loes not apply in respect of any moneys contributed by the Government toward :-mch a~sistance.". 14. The following- new

section i:-; atlded immediately after

section 417: "-H.7a. A council may make by-law..; authorizing the dig continuance of the telephone service supplied by the city to any person while any toll or charge payable by the person to the Alberta Government Telephones for long clistance t~:lephone services remains unpaid.".

Section 477, subsection (2) is amended (

a) by striking out the word •·and" whPI't' it nccHrs al the end of clause (f), (

b) by adding the word "and" at the end of clause (g), (

c) by adding immediately after clause ({

J) the follow ing new clause : " (

h) provide that where a manufacturer is not mau ufacturing his p1·oducts within the eit,\' hut is selling the products wholesale or retail therein, the manufacturer concerned shnll pny to the city a business tax at the rate applicable the wholesale dealers or I'Ptailers, a;; tlw CfiS(' mny hr, as nxrd h.\' thP h.\·-law.".

4 18 • . Reference changed from the Director of Assessments to the Supervisor of Assessments. 11. Assessments are required to be made prior to December 31st in any year for taxation purposes the following year. A person might be assessable for the first time prior to December 31st but would not be taxable until the following year. The proposed amendment will remove an inconsistency. IB.This heading presently reads as follows: "Appeal to Alberta Aneaament Commission". The Commission was replaced by the Board in 1957. 19.

The amounts required under the named Act are to be in cluded in the annual estimates and levy. 20. Sections 533 to 536 provide for the levying of a minimum or poll tax which is being abolished. 21. (

a) See note to clause 4. A candidate's declaration of accept ance is amended in conformity. (

b) The form specified for use under

section 161, subsection (1) is amended to conform to the amendment to the section. (See clause 9). 22. Coming into force dates.

Section 481, subsection (2) is amended by striking out the word "Director" and by substituting the word "Supervisor".

Section 495 is amended by striking out the word "tax able" and by substituting the word "assessable". 18. The heading immediately preceding

section 515 is amended by striking out the word "Commission" and by substituting the words "Appeal Board".

Section 521, subsection (1) is amended by adding immediately after clause (

c) the following new clause: " ( c1) such sums as may be required to meet the requisi tion of the Province pursuant to The Hospitalization Benefits Act,". 20. Sections 533 to 536 are repe:aled. 21. The

Schedule is amended (

a) as to Form 5 by adding immediately after the words "Canadian citizen" where they occur in clause 3 the words "or a British subject", (

b) as to Form 16 by adding immediately after the words "Canadian citizen "where they occur in clause 4 the words "or a British subject". 22. ( 1) Except as otherwise provided this Act comes into force on the day upon which it is assented to.

(2) Section 20 shall be deemed to have been in force at all times on and after the first day of January, 1958.

No. 83 FOURTH SESSION THIRTEENTH LEGISLATURE 6 ELIZABETH II 1968 BILL An Aet ~ amend The City Act Received and read the First time ..................................... .... . Second time ....................................... . Third time ......................................... . HON. MR. HOOKE Title: 1958 (13th, 4th) Bill 83,

An Act to amend The City Act

Document details

Collection	Alberta — Bills
Citation	L13 S4 6213
Type	bill
Volume / chapter	L13 S4 6213
Language	en
Format	json
Source	PROVINCIAL
Identifier	53c29fd12d8d38cafd685a2ae1629ef65ed126ac

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