Bill 117 — ~ Session. 17Th Legislature. 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 117 the Municipal Government Amendment Act, 1972 (Legislature 17, Session 1)

L17 S1 5098

Alberta — Bills

1972 Bill 117 ~ Session. 17th Legislature. 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 117 The Municipal Government Amendment Act, 1972 MR. PURDY First Reading Second Reading .......................... . Third Reading .............................. . Printed by the QUEEN'S PRINTER for the Province o·f AJlIberta, EDMONTON

Bill 117 (M1'. Purdy) BILL 117 1972 THE MUNICIPAL GOVERNMENT AMENDMENT ACT, 1972 ( Assented to , 1972) HER MAJESTY, by and with the advice and consent of the Legisllative Assembly of Alberta, ena:ctsas follows: 1. The Municipal Government Act is hereby amended.

Section 226 is struck out and the following

section is substituted: 22H. ( 1) In this

section (a) "licenC'e" means a mobile unit licence issued pur suant to this section; (b) "licence inspector" means a person appointed by resolution of the council as a licence inspector for the purpoS'e of ,this selction and lin the absence of a person being appointed means a municipal of£icial; (c) "licence officer" means a person appointed by re solution of the council as a licence officer for the purpose of this

section and in the absence of a per son being appointed means a municipal official; ( d) "licence year" means the Icalendar year; (e) "owner" means any person who ,is in lawful posses sion of a mobile unit.

(2) The licence fee to be imposed in respect of a mobile unit for the licence year ,shall be in accordance with a

schedule prescdbed by the Minister. ( 3 ) Except as otherwise provided in this

section the owner of a mobile unit shall not occupy or suffer or permit any other person to occupy a mobile unit at any time during which he is not the holder of a subsisting licence for the mobile unit issued by the municipalilty in which the mobile unit is situated.

(4) The owner of a mobdle unit is not required to have a licence in respect of (

a) a mobile unit occupied by a bona fide tourist, or (

b) a mobile unit used as a farm building or residence in conneetion with the raising or production of

I. This Bill will amend

chapter ~40 of the Revised St.:'l.:u:~s ~'i Alberta 1970.

Section 226 presen::'y rea-i5: 226.

(1) E¥ery mcbil~ ::ni~ 25 liabl..o h"> ~ Ikt."!l5t"(.i in :~"'ni~~,,-'~' with this section (2) The licence ft:-C ~Q hi' c:-;x-sro in r.c5l)<?ct of ID(\bilt' m:::5 w:l.ll ~'" in accordance with a

schedule p!"escri~",d by tht' Mini...~t'r. (3) .As soon as the mobile unit i5 occupirti for an.'- PUI'l105t' in a municipality the full amount of the licence fet' for the unt'xpired por tion of the lic-=nsing year COm.mencing with tht' first day of O<..'Cupancy of the mobile UnIt in the municipality. thereupon b~mes due and pay able to the m.unicipality unless the m.unicipality and the owner of the mobile unit ha.-e em:ered into an a.,.ureement whert'by the lkt'nce fee is made payable by installments in advanct'.

(4) Wher-= the owner of a mobile unit has paid the full annual licence fee imposed pursuant to the

schedule prescribed by the :llinister in accordance with this

section and the mobilt' unit is moved from the municipali ty or ceases to be occupied for any purpose, tht' owner upon application therefor shall be refunded one-twelfth of the annual licence fee for each full calendar month remaining in the year and during Which the mobile unit is not within the municipality or is not occupied for any purpose.

(5) A licence fee payable pursuant to this

section is collectible as a debt due to the municipality.

(6) A licence or a licence fee shall not be required in respect of (

a) a mobile unit occupied by a bona fide tourist, or (

b) a mobile unit located in a county or municipal district while it is occupied by a bona fide farmer and used for farming purposes.

(7) A licence or licence fee shall not be required in respect of a mo bile unit liable to assessment as- an improvement pursuant to The Municipal Taxation Act.

crops, livestock or poultry or in connection with fur production or beekeeping and situated on farm land outside a city, town, new town, village or summer village, or (

c) a mobile unit that is subJect to a tax levy pursuant to The Municipal Taxation Act for the year or portion thereof.

(5) Subject to subsection (4), where a mobile unit is occupied by any person and the owner does not have a subsisting licence issued by the municipality in which the mobile unit is situated, the owner is guilty of an offence and liabl'e on

summary conviction (

a) for a first offence, to a fine of not more than $100, and (

b) for any subsequent offence, to a fine of not more than $500, and the court may order that the owner pay to the munici paHty the licence fee.

(6) In a prosecution for a contravention of subsection (5) a certificate purporting to be signed by the licence officer for the municipality and stating that a named per son was or was not, on a specified day or during a specified period, a holder of a subsisting licence for a mobile unit or for a particular mobile unit shall be admitted in evidence as prima facie proof of the facts sltated therein without proof of the licence officer's appointment or signature.

(7) Not later than 14 days after a mobile unit is situ ated in a municipaUty and occupied, the owner of the mobile unit shall apply to the licence officer of the municipality for a licence.

(8) Where a mobile unit is situated in a municipality and occupied (a) (

b) at the commencement of the licence year, the licence shall be issued to the owner by the munici pality upon payment of the preseribed fee for the entire licence year, and after the commeneement of the licence year, a licence for the balance of the year shall be issued to the owner by the municipality upon paym'ent of a fee equal to the amount of the prescribed fee for the entire licence year, multiplied by the number of days remaining in the licence year, and divided by the number of days in the entire licenee year.

(9) Notwithstanding subsection (8), the municipality may allow the owner to pay a licence fee by prepaid instal ments and upon payment of an instalment a licence will be issued to the owner which shall be valid for the period of time as ,set forth on the licence. 2

(10) Where the owner of a mobile unit has not paid the licenC'e fee payable in accordance with this

section the muni cipality may (

a) recover the amount of the licence fee as a debt owing to the municipality, or (

b) upon the licence fee remaining unpaid for 30 days aflter demand for payment has been made by a licence officer, distrain for the lice:nC'e fee on the goods and chattels of the owner.

(11) Where the licence fee owing to the municipality has been paid in accordance wi,th subsection (8) and the mobile unit has been removed from the municipality oris no longer occupied, the municipality, upon application by the owner, shall refund to the owner the licence f'ee for the balance of the licence year, calculated as a sum equal to the amount of the prescribed fee for the entire licence year, multiplied by the number of days remaining in the licence year and divided by the number of days in Ithe entire licence year.

(12) Every person occupying a mobHe uni,t (

a) upon request of a licence officer or licence in spector, shall give to the licence offieer or licence inspector all information necessary to enable him ,to carry out his duties, and (

b) who fails to provide information requested pur suant to clause (

a) within 10 days from the day that the request is made is guilty of an offence and liable on

summary conviction to a f,ine of not more than $5 for every day from the date the re quest is made that the informa;tion is not provided.

(13) Where a mobile unit lis required to be licensed pur suant to this section, the rnunicipality shall make a valu ation of the mobile unit for the purpose of determining the licence fee payable and shall mail or deliver to the owner writ,ten notice of the valuation.

(14) The owner of a mobile unit (

a) may, within 30 days of the notice being mailed or delivered to him, complain to the court of revision in respect of the valuation of his mobile unit, and (

b) may appeal to the Appeal Board against the de cision of the cour!t of revision if (

i) the owner is, or the valuation of his mobile unit is affected by a decision of the 'court of revision, and (ii) the owner appeared before the court of revision in person or by agent or sent to the licence officer a document setting out in detail the ground of his complaint, 3

and sections 43 to 61 of The Municipal Taxation Act apply to proceedings under this subsection with all necessary modifications.

(15) Where a municipality considers it equitable to do so, it may by resolution 'Cancel or refund all or any portion of a mobile unit licence fee. 4

(16) The Minister may make regulations (

a) approving forms for use pursuant to this section, (

b) prescribing the functions and duties of licence offlicers and licence inspectors, (

c) prescribing the methods for valuating mobile units, (

d) notwithstanding subsection (14), providing for the procedure and method of making complaints to the court of revision, appeals to the Appeal Board, and the procedure to he used by a court of revision and the Appeal Board in hearing matters respect ing mobile units, and (

e) generally, for carrying out the purpose and intent of this section. 3. This Act comes into force on January 1, 1973.

4 Title: 1972 (17th, 1st) Bill 117, The Municipal Government Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5098
Type	bill
Volume / chapter	L17 S1 5098
Language	en
Format	json
Source	PROVINCIAL
Identifier	5e9d2328c15b80929c5ed8f0ef85e1f2376498be

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