Bill 57 — Second Session, 21St Legislature, 36 Elizabeth Ii the Legislative Assembly of Alberta Bill 57 Municipal District of Bighorn No. 8 Incorporation Act (Legislature 21, Session 2)

L21 S2 3104

Alberta — Bills

1987 BILL 57 Second Session, 21st Legislature, 36 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 57 MUNICIPAL DISTRICT OF BIGHORN NO. 8 INCORPORATION ACT MR. STEVENS First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 57 Mr. Stevens BILL 57 1987 MUNICIPAL DISTRICT OF BIGHORN NO. 8 INCORPORATION ACT (Assented to , 1987) Table of Contents

Definitions Creation of Municipality Change in status Forest fire protection Public highways Land use Assessment and taxation Transitional Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly ofAlberta, enacts as follows:

Definitions 1 In this Act, (a) "council" means the council of the Municipality; (b) "Minister" means the Minister of Municipal Affairs; (c) "Municipality" means The Municipal District of Bighorn No. Creation of Municipality 2(1) The reeve and councillors and all other electors within the Mu nicipality are a corporation with the name "The Municipal District of Bighorn No. 8".

(2) Except as provided in this Act, the Municipality is a municipal district for all purposes as though it had been formed by an order of the Lieutenant Governor in Council under the Municipal Govern ment Act.

(3) This Act applies to the Municipality notwithstanding anything in the Local Authorities Election Act, Municipal Government Act, Mu nicipal Taxation Act or any other Act or law relating to municipali ties.

(4) The boundaries of the Municipality are those prescribed by the Lieutenant Governor in Council.

(5) Nothing in this Act shall be construed as precluding the annexa tion of land to, or the removal of land from, the Municipality, or a change of corporate status of the Municipality. Change in status 3(1) lu subscctions (2)(c), (3) and (5), "ministerial order" means an order of the Minister made pursuant to any Act or regulation that appties to or relates to Improvement District No. 8.

(2) When this Act comes into force, (

a) Improvement District No. 8 is dissolved; (

b) each employee of the Government employed in Improve ment District No. 8 whose salary is paid from money referred to in

section 10(1) of the Improvement Districts Act continues as an employee of the Municipality until the council otherwise directs; (

c) subject to subsections (3) and (5), a ministerial order in effect in Improvement District No. 8 immediately before the com mencement of this Act continues to be in effect in the Munici pality as though it were a by-law of the council, until the council, by by-law, provides that the ministerial order ceases to be in effect in the Municipality; (

d) subject to subsection (3), any agreement entered into by the Minister that relates to Improvement District No. 8 is binding on the Municipality, as far as practicable, as though the Munici- paHty had replaced the Minister as a party to the agreement; (

e) all taxes due to the Minister in respect of Improvement Dis trict No. 8 shall be deemed to be arrears of taxes due to the Municipality and may be collected and dealt with by the Munic ipality as if it had imposed the taxes; (

f) subject to the Limitation of Actions Act, all rights of action and actions by or against the Crown in right of Alberta may be continued or maintained by or against the Municipality if the cause of action arose in Improvement District No. 8 and relates to the administration by the Minister of any municipal matter relating solely to the improvement district; (

g) all assets, liabilities, whether arising under a debenture or otherwise, rights, duties, functions and obligations of the Minister in respect of Improvement District No. 8 are vested in the Mu- nicipatity and may be dealt with in its own name; (

h) a reference to Improvement District No. 8 or to the Minister or the Crown in respect of Improvement District No. 8 in any order, regulation, by-law, certificate of title, agreement or other instrument shall be deemed to be a reference to the Municipality.

(3) The Minister may, by order, exempt any ministerial order from the operation of subsection (2)(

c) or any agreement from the opera tion of subsection (2)(d).

(4) If a question arises as to whether (

a) a right of action or action is one to which subsection (2)(0 applies, or

(

b) an asset, liability, right, duty, function or obligation is one to which subsection (2)(

g) applies, the Minister shall decide the question.

(5) A ministerial order in effect in Improvement District No. 8 im mediately before the commencement of this Act that divides Im provement District No. 8 into electoral divisions continues to be in effect in the Municipality as a ministerial order.

(6) The Lieutenant Governor in Council may direct that any land in the Municipality under the administration of the Minister and owned by the Crown in right of Alberta be transferred by way of gift to the Municipality. Forest fire protection Public highways 4(1) In this section, "forest protection area" means the forest protec tion area designated under

section 39 of the Forest and Prairie Pro tection Act.

(2) Subject to subsection (3), the council may not make by-laws with respect to fires in the part of the Municipality that is within the forest protection area.

(3) The council may make by-laws with respect to fires other than forest or running fires in hamlet areas within the forest protection area. (4) Sections 4(2) and (3), 7 and 19(2) of the Forest and Prairie Pro tection Act do not apply to the council with respect to that part of the Municipality that is within the forest protection area. 5(1) In this section, "forest reserve" means the Rocky Mountains Forest Reserve constituted as a forest reserve under the Forest Re serves Act.

(2) For the purpose of the Public Highways Development Act, the Minister of Transportation and Utilities is the road authority for and has the direction, control and management over all roads within the part of the Municipality that is within the forest reserve.

(3) With respect to roads that are in a part of the Municipality out side the forest reserve, (

a) from the commencement of this Act until April 1, 1989 or an eariier date that may be agreed to by the council and the Minister, the Minister of Transportation and Utilities has the direction, control and management of those roads, and (

b) on and after April 1, 1989, or the date agreed to by the coun cil and the Minister under clause (a), as the case may be, the council has the direction, control and management of those roads, other than primary highways as defined in the Public Highways Development Act.

(4) The council and the Minister of Transportation and Utilities may enter into agreements in relation to construction and maintenance of any roads within the Municipality.

Land use Assessment and taxation Coming into force 6(1) Notwithstanding

section 3(2)(

c) and the Planning Act, the Plan ning Act does not apply to the use of Crown land located in that portion of the Municipality within the area described in a regulation under subsection (2).

(2) The Lieutenant Governor in Council may make regulations de scribing the area referred to in subsection (1). 7(1) Notwithstanding

section 27 of the Municipal Taxation Act, for the purpose of taxation in 1988, the council shall adopt the assessed values of the property within the Municipality as made in 1987 by the assessor for Improvement District No. 8.

(2) Subject to

section 34 of the Municipal Taxation Act, the council shall continue to use the values adopted under subsection (1) until a general assessment is carried out in the Municipality. Z(

l) The persons appointed to the Advisory Council for Improvement District No. 8 on the date this

section comes into force shall be deemed to be the council of the Municipality until a new council is elected under the Local Authorities Election Act.

(2) Notwithstanding any other Act, a Ministerial Order that applies to Improvement District No. 8 may provide for the election of more than 1 councillor from an electoral division. 9 This Act, except

section 8(2). comes into force on Proclamation. Title: 1987 (21st, 2nd) Bill 57, Municipal District of Big Horn No. 8 Incorporation Act

Document details

Collection	Alberta — Bills
Citation	L21 S2 3104
Type	bill
Volume / chapter	L21 S2 3104
Language	en
Format	json
Source	PROVINCIAL
Identifier	5b5e991b4acc38331a38a908616aa9b37fa843aa

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