Bill 14 (Legislature 15, Session 3)

L15 S3 1318

Alberta — Bills

No. 14 3rd Session, 15th Legislature Alberta 14 Elizabeth II ' BILL 14 A Bill to amend The Town and Village Act HON. MR. HOOKE Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

Explanatory Note I. This Bill will amend

chapter 338 of the Revised Statutes. 2. A typographical error is corrected. 3. A new

section is added to -clarify the ef.fect of 'section 18 which provides for orders annexing areas to towns and villages.

Section 23, subsection (4), clause (

a) reads:

(4) After the summer resort is formed into a summer village, all the provisions of this Act apply to the summer village, except that (

a) the persons entitled to vote at any election held after a first election are (

i) every person of the full age .of twenty-one years whose name appears upon the assessment and tax roll and upon the voters' list, and (ii) the spouse, son, daughter, father or mother of any person whose name appears upon the assessment and tax roll and upon the voters' list, if the spouse, son, daughter, father or mother is of the full age of twenty-one years and has made application during the month of July of the then current year to have his or her mtme placed up.on the voters' list,

Section 24, subsection (1) presently reads: 24.

(1) The Lieutenant Go'vernor in Council by order may form any village, together with any land adaitional thereto, into a town (

a) if the village contains .over seven hundred inha)bitants, and (

b) if the proposal to form the village, together with any additional land that it is desired to include with the village, into a town has been approved by two-thirds of the proprietary electors of the village voting thereon at a meeting specially called for the purpose. G.

Section 57, subsection (3) presently reads: (3) ~Trit.teI?- notice of a special ~eet~ng stating the time and place at whlch It IS to be held and statmg III general terms the nature of the business to b-e transacted at the special mee·ting shall be given by the secretary-treasurer in the manner provided by this Act.

BILL No. 14 of 1966

An Act to amend The Town and Village Act (Assented to ,1966) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Town and Village Act is hereby amended.

Section 5, subsection (1) is amended by adding after the words "ought to have been done" the word "'has". 3. The following

section is added after

section 18: 18a. No order made under

section 18 affects or abro gates any existing contract or any existing right of or held by any municipality or person for the production, trans mission, delivery or furnishing of water, gas, heat, sewer service, light or power to or for inhabitants or businesses in the annexed or excluded territories, as the case may be.

Section 23, subsection (4) is amended by adding the following clause after clause (a) : (al) the proprietary electors of the summer village are the persons entitled to vote at an election under this Act and whose nan1es appear on the assessment roll of the summer village in respect of land liable to assessment and taxation,

Section 24, subsection (1), clause (

b) is amended by striking out the word "two-thirds" and by substituting the words "'a majority".

Section 57, subsection (3) is amended by striking out the words "in the manner provided by this Act" and by substituting the following:

Section 60, subsection (1), clause (

b) and subsection (la) presently read: 2 60.

(1) The council, by by~law, may provide (b') for the payment to the mayor of a sum of not more than fifteen dollars a day for each day spent by hi m in the lay.ing out and inspection of works undertaken by the town or village. (Ia) No payment shall be made under subsection (1) to any person in respect of more than twenty~four meetings in anyone year, nor shall payments be made to the mayor In respect of supervision for more than thirty days in anyone year.

Section 61, subsections (2) and (5) presently read:

(2) The by-law shall be submi.tted to a vote of the proprietary electors and shall take effect only if it is approved by at least two thirds of the electors voting thereon in the manner prescribed by

Part VI.

(5) The notice shall contain, in addition to the by~law, a statement that .the by-law requires a two-thirds majority vote of the proprietary electors who vote and a further statement of the date, hours and place at which the v,ote will be held.

Section 63, subsection (1), clauses (

a) and, (

f) read: 63. ell) If, after his election as a member of the council, a person (

a) is convicted of a criminal offence punishable by imprisonment for more than two years or by death, (

f) is convicted of signing an acceptance of nomination containing a false statement, his seat in the council becomes vacant and the cO'Uncil shall forthwith declare it vacated.

2 to each councillor (

a) by mailing the notice to the councillor's address at least six clear days before the day of the meeting, or (

b) by personally delivering the notice to the councillor or in the absence of the councillor from his res~ idence, to any adult person thereat, at least three clear days before the date of the meeting.

Section 60 is amended (

a) as to subsection (1), clause (

b) by adding after the words "spent by him" the words "in administra tive duties at the town or vi1lage office or", ' (

b) as to subsection (la) by adding after the words "mayor in respect of" the words "administrative duties at the town or village office or".

Section 61 is amended (

a) by striking out subsection (2) and by substituting the following:

(2) The by-law shall be submitted to a vote of the proprietary electors and shall take effect only if it is approved by (

a) two- thirds of the proprietary electors voting there.on in accordance with

Part VI, when the total number of proprietary electors voting on the by-law is not more than fifty per cent of the total number of proprietary electors en titled to vote thereon, or (

b) a maj.ority of the pr.oprietary electors voting thereon in accordance with

Part VI, when the total number of proprietary electors voting on the by-law is more than fifty per cent of the total number .of proprietary electors entitled to vote thereon. (

b) by striking out subsection (5) and by substituting the following: (5) 'The notice shall c.ontain, in addition to the by-law, a statement of the majority vote required pursuant to subsection (2), of the proprietary electors who vote and a further statement of the date, hours and place at which the vote will be held.

Section 63, subsection (1) is amended (

a) by striking out the words "a member of the council" and by substituting the words "mayor or council lor" , (

b) by adding the following clause after clause (/): (/1) he becomes a party to a contract with the to~n or village contrary to clause (

e) of subsectIOn (1) of

section 108,

Section 65, subsection (2) presently reads:

(2) When a vacancy occurs in the office of the secretary-treasurer, a successor shall be appointed as soon as practicable. } I.

Section 67, clause (

u) presently reads: 67. The secretary-treasurer shall (

u) faithfully perform all other duties imposed upon him by this Act and generally carry out !=luch ins,tructions as may be issued to him from time to time by the council.

Section 81, subsection (1) presently reads: 81.

(1) The mayor may, at any time and from time to time by writing, appoint one or more special constables within the town or village for such time, not exceeding thirty days, as shall be stated in the appointment and shall r'"port the appointment with the reasons therefor to the council before its next regular meeting.

Section 94 presently reads: 94. An official appointed by the council shall hold office during the pleasure of the council or as expressed in his appO'm>iment.

Section 96 presently reads: 96.

(1) The mayor may suspend any town or village official or employee and he shall forthwith report the suspension and the reasons therefor to the council, which may either dismiss or reinstate the suspended official or employee.

(2) When the suspended official or employee is dismi.ssed by the council, the official or employee shall not receive any salary or remuneration from the date ,of his suspension by the mayor unless the council, by a re!=lolution, otherwise determines. 3

Section 65, subsection (2) is amended by adding after the words "shall be appointed" the words ", by bylaw,".

Section 67 is amended (

a) by renumbering the

section as subsection (1), (

b) as to the renumbered subsection (1) by striking out clause (

u) and by substituting the following: (

u) faithfully perform all other administrative duties imposed upon him by this Act and gen erally carry out such administrative instruc tions as maybe issued to him from time to time by resolution of the council. (

c) by adding the following subsection after the re numbered subsection (1) :

(2) Where .any thing is directed to ,be done by the secretary-treasurer pursuant to this section, it shall also include his successor in the office and his duly appointed assistant.

Section 81, subsection (1) is amended by striking out the words ", not exceeding thirty days,".

Section 94 is amended by adding after the words "appointed by" the words "a resolution of". 14. 8ection 96 is struck out and the following is sub stituted: 96.

(1) T'hemayor may suspend any town or village of ficial or employee and he shall forthwith report the suspen sion and the reasons therefor to the council.

(2) The council may reinstate the .official or employee suspended in accordance with subsection (1) or may, for just cause, dismiss the official or employee.

(3) No secretary-treasurer shall be dismissed (

a) without heing given a reasonable opportunity to be heard before the council, in person or through his solicitor, and (

b) without being given, in writing, the true reasons for his dismissal.

(4) When the suspended official or employee is dis missed by the council, the official or employee shall not receive any salary or remuneration from the date of his suspension by the m:ayor unless the council, by a resolution, otherwise determines. 3

Section 107, subsection (1), clause (

e) presently reads: 107.

(1) No person is qualified to be elected mayor or a member of the council of a town .or village unless he (

e) i~· ~. ~~~id~"n t in the town or village, and (

i) where there is a voters' list, his name appears thereon and upon the assessment roll at least two months prior to his nomination as the owner or purchaser of land, or an interest in land, that is within the town or village, not exempted from taxation and is ·)f the value of at least one hundred dollars over and above -charges, liens and encumbran-ces 3iffecting the same. ·or (ii) in the case o·f a first election where there is no voters' list, has been for a period of at least two months immediately prior to his nomination, the owner or purchaser of land, or interest in land, as the case may be, that is within the town or village, not exempted from taxation, and is of the value .of at least one hundred dollars over and above charges, liens and encumbrances affecting the same, and his name appears in respect I)f such land upon the last revised assessment roll of the village, municipal district or improve ment district with respect to that portion that is included in the town or village, as the case may be, or (iii) where land has been annexed to the town or village, his name appeared upon the assessment roll of the annexed area at least two months prior to his nomination as the owner or purchaser of land, or an interest in land, that is within the town or villag'e, not exempted from taxation and is of the value of at least one hundred dollars over and above charges, liens and encumbrances affecting the same.

Section 108, clauses (e), (

i) and (

j) presently read: 108. The following are not eligible to be elected may,or or a member of the council, or entitled to sit or vote therein: (

e) a person who, (

i) for the time being, is a party to a subsisting contract with the town or village under which money of the town or village is payable or may become payable for any service, work, matter or thing, (ii) has a pecuniary interest in such a contract whether the interest is direct or indirect, or (iii) is for the time being a party to an agreement for the pur chase or lease of land or other property from the town or village; (

i) a person who, having been elected as a member of the council, has resigned his seat on the council (

i) on account of any matter or thing that would disqualify him for election as a member of the council or to sit or vote therein, or (ii) for the purpose of avoiding the mak,ing of restitution for money received by him in contravention of any provision of this Act, until the expiration of three years from the date of the resignation; (

j) a person whose seat on the council has been declared vacant by reas?n ?f clause (

f) of subsection (1) of

section 63, until the expIratIOn of three years from the date upon which his seat was so declared vacant.

Section 107, subsection (1) is amended (

a) by striking out the words "a member of the council" and by substituting the word "councillor" (

b) as to clause (e) , (

i) by adding after the words "assessment roll" where they Occur in subclause (

i) the words "on nomination day and has appeared on the assess,ment roll for", (ii) by adding after the words "no voters' list," where they occur in subclause (ii) the words "is on nomination day and", (iii) by striking out the words "appeared upon the assessment roll of the annexed area" where they occur in subclause (iii) and by substitut ing the words "appears on the assessment roll on nomination day and has appeared on the assessment roll of the annexed area for".

Section 108 is amended (

a) by renumbering the

section as subsection (1), (

b) as to the renumbered subsection (1) (

i) by striking out the words "a member of the council, or entitled to sit or vote therein" and by substituting the words "councillor or en titled to sit or vote on the council", (ii) by striking out clauses (

i) and (j), (

c) by adding the following subsections:

(2) A person having been a mayor or councillor (

a) who resigned his seat on the council (

i) on account of any miatter or thing for which his seat on the council could have been dedared vacated under clause (a), (

I) or (11) of subsection (1) of

section 63, or (ii) for the purpose of avoiding the making of restitution for any money received by him in contravention of this Act, or (

b) whose seaton the council was declared vacated by the council under clause (a), (

I) or (II) of subsection (1) of

section 63, or (

c) whose seat on the council.was deelared v~cated by a judge under subsectIon (2) of

sectIon 63 for any of the reasons set out in clause (a), (

I) or (11) of subsection (1) of

section 63, is not eligible to be elected mayo~ or ~ouncillor. or entitled to sit or vote on the councIl untIl the expIry of three years from the date of his resignation or the date his seat on the council was declared vacated, as the case may be.

Section 108 sets out the circumstances under which a person is ineligible to he a member of council.

Section 109, subsection (1), which provides certain exceptions, is amended to add a new exception.

Section 109, subsection (2), clause (a), subclause (iv) presently reads:

(2) No mayor or oouncillor shall vote in ,the council (

a) on any question (iv) affecting a company of which he is a director,

Section 127, subsection (3) reads:

(3) The number of pDlling places tD be named by the council in the town or village Dr in each polling divisi.on, as the case may be, shall be at least .one polling place fDr every three hundred electDrs .on the voters' list .of the tDwn Dr viIlage Dr the pDlling divis'iDn as the cuse may be.

Section 146 presently reads: 146. The returning .officer Dr deputy returning .officer shall see that ~ach poUing palce is furnished with a compartment Dr cDmpartments In WhIch the v.oters may mark their ballot papers while being screened from .observati.on. 5

(3). A person having been a mayor or councillor at a time when he was a party to a contract with a town or village contrary to dause (

e) of subsection (1), but (

a) who did not resign his seat on the council and , (

b) whose seat on the council was not declared vacated as set out in clause (a), (

b) or (

c) of subsection (2), is not eligible to be elected mayor or councillor or entitled to sit or vote on the council until the expiry of three years from the date the contract is discharged.

Section 109 is amended (

a) as to subsection (1) by adding the following clause after clause (d) : (dl) of the purchase or lease of land or other pro perty that the town or village has authority to sell or lease either under this Act or The Tax Recovery Act, if (

i) an advertisement is made in one issue of a newspaper circulating in the town or vil lage for two successive weeks to the effect that sealed tenders will be accepted for the sale or lease of the land or property at a specified time, place and date, which shall not be earlier than two weeks after the final publication of the notice, (ii) the land or property is sold or leased to the highest bidder, and (iii) the sale or lease is approved by the Local Authorities Board, (

b) as to subsection (2) (i) 'by adding after the words "councillor shaH" the words "make a motion or", (ii) by adding at the end of subclause (iv) of clause (

a) the words "unless he was appointed a director of the company by the council,".

Section 127 is amended by striking out subsection (3). 1.n.

Section 146 is struck out and the following is sub stituted: 146.

(1) The returning officer shall ensure that each polling place is furnished with one or more compartments so arranged that each voter may be screened from observa tion and may mark his ballot papers without interference or interruption. 5

20. See clause 19 of this Bill.

Section 213 presently reads: 213.

(1) In ,the case of a by-law to borrow money by the issue of debentures for any purp.ose, application shall be made to the Local Authorities Board for its permission to borrow the money by the issue of debentures. (2 The application shall be made as required by The Local Auth orities Board Act and before or immediately ~fter the first reading of the by-law, and before the by-law is submItted to a vote of the proprietary electors.

Section 262 reads: 262. The council of a to-wn or a village wherein a police constable has been apPointed, under the provisions of seotion 80 or wherein the policing of the town or village is authorized pursuant to an ar rangement entered into under

section 86, may by by-law provide t~at a DPrson may pay to the secretary-treasurer or other person desIg nated by the council a fixed sum of money in lieu of being proceeded .against 'by proseeution for the breach o-f a provision o.f a by-law desig na ted by the council. 23. Towns and villages authorized to make provision for ambul ance services. 24. Towns and villages are given the same power now given to the Crown by

section 20 of The Public Works Act in acquiring more land than is actua1ly required, where it is advantageous to do so. 6

Section 286a presently reads: 286a.

(1) Notwithstanding any other prOVISIons of this Act, where in the exercise by a town or village of any of the po-wers c'Onferred on it by this Act the to-wn or village, in the- erection 'Or construction of a town or village work or structure, causes dan1age to an owner or other person having an interest in land immediately adjacent to the land upon which the town or village erects 'Or constructs the work or structure by reason of loss of or permanent lessening of use of the land of that owner or other person, the person sustaining the damage is entitled to compensation therefor and may, at any time after the damage has been sustained and within sixty days after notice has been given in a local newspaper, or in a newspaper circu lating in the town or village, of the completion of the work or struc ture, f~le wi.th the secretary~treasurer a claim for damages in respect thereof statmg the amount and particulars of the claim.

(2) This

section does not apply to any damage caused by (

a) the construction of boulevards down the centre of a highway, street or lane for the purpose of channelling traffic, or (

b) the restriction of traffic to one direction only on any highway, street or lane.

(2) In each compartment there shall be provided for the use of voters in marking their ballot papers a table desk or shelf with a hard surface and a suitable black lead pencil which shall be kept properly sharpened throughout the hours of 'Voting.

Section 167, subsection (1) is amended by adding after the words "mark his ballot .paper or papers" the words ~'with the pencil provided".

Section 213 is amended by striking out subsection (2) and by substituting the following:

(2) The application shall be made before or forthwith after the first reading of the by-law, and no further action, including advertising and submission to a vote of the pro prietary electors, shall be taken upon the by-law until authorization has been obtained from the Local Authorities Board.

Section 262 is a.mended by renumbering the

section as subsection (1) and:by adding the follo'lNing subsection: (2) Subsection (1) does not apply with respect to a breach of any provision of a by-law that fixes a speed limit within the town or village or regulates moving motor vehicles wi thin the town or village. 23. The following

section is added after

section 272a: 272b.

(1) The council by by-law may acquire and equip a motor vehicle for the purpose of providing an ambulance service in the town or village.

(2) For the purpose of encouraging the establishment and maintenance of an ambulance service in the town or village, the council may annually by by-law authorize the payment to the owner of an ambulance of a grant not exceeding one thousand dollars or five mills on the net total assessment of land and improvements of the town or village, whichever is the greater.

Section 283 is amended by renumbering the

section as subsection (1) and by adding the following subsection:

(2) Where the council is of the opinion that the town or village can obtain, at a more reasonable price or to greater advantage than by acquiring a part only, the whole or a portion of any parcel of land' of which a part may be ex propriated by the town or village, the town or village may take the whole or the portion of the parcel.

Section 286a is amended by adding the following subsection:

(3) The amount payable for damages under this

section shall not exceed the amount of the difference between 6 (

a) the appraised value of the property prior to the exercise by the town or village of any of the powers conferred on it by this Act, and

Section 302, which authorizes by-laws on various subjects, is amended to authorize by-laws to regulate obstructions near inter sections. 27. SecHon 3D3, clause (

p) reads: 303. For the prevention or extinguishing of fires within the town or the v1llage, a council may pass by-laws providing for a;ny or aU of the following: (

p) authorizing agreements with other municipalities for the joint purchase, use, control or management of apparatus and equip ment for extinguishing fire and preserving life and property from injury or destruction by fire.

Section 306 authorizes the passing of by-laws on various sub jects. Clause (

b) is replaced by section306a-see clause 29 of this Bill. 29. The

section being added is

section 54 of the present ChUd Welfare Act which more appropriately belongs in the municipal Acts. 7

(

b) the appraised value of the property after the exer cise of the powers referred to, together with an amount of not more than ten per cent of the amount of the difference as so determined.

Section 302 is amended by adding the following clauses after clause (b) : (bl) for prohibiting the planting of trees, hedges or shrubs on private property at or adjacent to and within twenty-five feet from street intersections or such lesser distance as may be stated in the by-law, and requiring the removal of trees, hedges or shrubs already planted, or limiting the height of such trees, hedges or shrubs whether planted before or after the date of the passing of the by-law, (b2) for prohibiting the building, placement, erection or continued existence of fences, walls or other objects on private property at or adjacent to and within twenty-five feet from 'street intersections or such lesser distance as may be stated in the by-law when such fences, walls or other objects interfere with good visibility for safe traffic flow but the by-law shall provide that where any such fence, wall or other object that adversely affects good visibility for safe traffic flow is in existence at the date of the coming into force of the by-law, the fence, wall or other object may only be removed or reduced in height at the expense of the town or village,

Section 303 is amended by adding the following clause after clause (p) : (

q) authorizing agreements with rural fire protection organizations for the use of apparatus and equip ment for extinguishing fire and preserving life and prol)erty from injury or destruction by fire.

Section 306 is amended (

a) by striking out clause (b), (

b) by adding the following clause after clause (c) : (

d) prohibiting the sale of fire baHs, squibs, crack ers or fireworks to persons under the age of twenty-one years, 29. The following

section is added after

section 306: 306a.

(1) The council may pass a by-law (

a) regulating the time after which children shall no~ be in a public place at night without proper guardIan- ship, and 7

Section 309, clause (

b) presently reads: 309. A council may pass by-laws for the purpose of taking o-.:er, purchasing, erecting, maintaining and regulating hosIlit~ls or gra~tmg aid for the erection and maintenance of the same eIther by dIrect payment or by guaranteeing the repayment of the principal and interest of any loan obtained by the hospital authorLties, but (

b) the by-.Iaw shall be subject to ratification by two-thirds of the proprietary electors vo.ting thereon.

Section 314 presently requires a two-thirds vote of the proprietary electors on a by-law authorizing the supplying of reedical care to residents. 8

Section 317 presently reads: 317. Subject to the provisions of The Public Health Act, a council may pass by-laws for the purpose of constructing, buying or leasing, and operating and managing a system of sewerage and drainage, sewage pumping stations or sewage treatment and purification works within or without the corporate limits of the town or the village, and may in the manner prescribed in

section 364 establish and, from time to time, vary a scale of fees to be known as sewer service charges,

Section 327 presently reads: 327. The fee payable in respect of a licence issued pursuant to a by-law shall be reasonable in amount, and the licence fee shall not be imposed for the purpose of exacting revenUe.

(

b) design~te the age or apparent age of boys and girls respectIvely to whom the by-law applies.

(2) A child to whom the by-law applies and found in a public place a.fter the time so fixed may be warned to go home by an Inspector, constable or peace officer and if after the warning the child refuses or fails to go home he may be taken to his home or to a shelter by the inspector constable or peace officer. '

(3) A parent who permits his child to contravene the by-law is guilty of an offence and liable upon

summary conviction for a first offence to a fine of five dollars and for a second offence to a fine of ten dollars, and for a third or a subsequent offence to a fine of twenty dollars, and in each case in default of payment to a term of imprisonment of not more than three months.

Section 309 is amended by striking out clause (

b) and by substituting the following: (

b) the by-law shall only be made operative upon ratifi cation of (

i) two-thirds of the proprietary electors voting thereon, when the total number of proprietary electors voting on the by-law is not more than fifty per cent of the total number of proprietary electors entitled to vote thereon, or (ii) a majority of the proprietary electors voting thereon, when the total number of proprietary electors voting on the by-law is more than fifty ,per cent of the total number of proprietary electors entitled to vote thereon.

Section 314, subsection (2) is amended by striking out the word "two-thirds" and by substituting the words "a majority".

Section 317 is amended (

a) by adding after the words "purpos,e of construct ing," the word "extending,", (

b) by adding after the words "and managing" the words ", in whole or in part,".

Section 327 is struck out and the following is sub stituted: 327.

(1) The fee payable in respect of a licence issu~d pursuant to a by-law shall be reas?nable in amount, ~nd In fixing any such licence fee a councIl shall, wher~ apphcabl~) have regard for the business tax payable by SImIlar bUSI- nesses in the town or village.

(2) The licence fee imposed under the bl-Iaw shall be payable prior to the commencement or contInua~ce of ~he business, trade, occupation, employment or calhng beIng licensed. 8

Section 329a, subsection (1) reads in part: 329a.

(1) Subject to

section 329. the cOlfncil of a to,wn or vil~ag!l may by by-law control and regulate all busmesses earned. on withm the town or village and may license any or all such busmesses, except transient traders,

Section 330 is revised to remove specific refer,ences to a variety of businesses which are already covered by the wording of

section 329a.

Section 345a, subsection (2) reads:

(2) Sums expended under sUbsection (1) shall not in any year exceed forty cents per capita of the town or village unless the excess of that amount has first been approved by a two-thirds majority vote of the proprietary electors. Subsection (1) authorizes expenditures for entertainment.

Section 347, subsection (1), clauses (a), (

b) and (

d) and subsection (2) presently read: 347.

(1) A council may (

a) buHd, erect, buy or lease any electric light, heat, power, natura1 gas or gas plant, either within or without the town or the village, and cDntrol and operate it, (

b) build, erect, buy or lease and control and operate, subject to the provisions of The Public Health Act, a waterworks plant, either within or without the town Dr the village, (

d) construct or acquire such pipe, transmission line, distribution line, well or other device as may be necessary tD prDduce or cDll"I'ey light, power, gas (\r water in or to the town or the village, notwithstanding that all or any part of the expendi ture is made outside the boundaries of the town or village.

(2) A by-law authorizing any thing mentioned in subsection (1) shall be proceeded with in the same manner as set out in

section 298 except that when a vote of the proprietary electors is required the by-law shall not be finally passed by the council until it has been approved by two-thirds of the proprietary electors voting thereon. 9

(3) The licence may be issued for a period of one or more months to an applicant who does not have an established plac~ of b1!siness in the t?wn or village upon payment of the requIred lIcence fee, but In no case shall the licence fee pay able be less than one-quarter of the annual fee.

Section 329a, subsection (1) is amended by striking out the words "except transient traders,".

Section 330 is struck out and the following is sub stituted: 330.

(1) Without limiting the generality of other licens ing provisions of this Act, the council may pass a by-law for licensing, regulating and controlling any or all of the following, namely, circuses, trained or wild animal shows, menageries, caravans, palmists, professional boxing or wrestling shows, professional theatrical shows, e~hibitors of wax works, merry-go-rounds, ferris wheels or any other mechanical apparatus or device, or any other show or ex hibition produced or operated for private gain.

(2) No licence fee imposed by a by-law under this

section shall exceed five hundred dollars per day, nor shall a penalty for a contravention of the by-law exceed fifty dollars and costs but whether so stated in the by-law or not the licence fee, fine, if any, and costs may be collected by sale of the goods belonging to and used or used in connection with the show,exhibition or both, and in addition the offender may be imprisoned for a period not exceeding six months.

Section 345a is amended by striking out subsection (2).

Section 347 is amended (

a) as to Isubsection (1) (

i) by striking out of clause (

a) the words "buy or lease" and by substituting the words "extend, buy or lease, in whole or in part,", (ii) by striking out of clause (

b) the words CI'buy or lease" and by substituting the words "ex tend, buy or lease, in whole or in part,", (iii) by striking out of clause (

d) the words "or acquire" and by substituting the words ", acquire or extend, in whole or in part,", (

b) as to subsection (2) by striking out the words "ap proved by two-thirds of the proprietary elec~ors voting thereon" and by substituting the follOWIng: 9

Section 347a, subsection (1) presently reads: 347a.

(1) Subject to The Public Utilities Board Act and The Power Commission Act, a town or village may supply any person or cor poration outside the town or village with a public utility upon special terms, and may exercise all other powers necessary to the carrying out of its agreement with such person or corporation as well outside the town or village as within the town or village.

Section 3-49, subsection (2) reads:

(2) The contract shall Ibe authorized by by-law which shall be sub mitted to the proprietary electors and the by-law only becomes oper ative upon ratification by two-thirds of the proprietary electors voting thereon. Subsection (1) provides for contracts for the supply of public utilities. 40. The repeal of

section 353a will remove the authority of council to exempt from taxation all or such percentage of that class of improvements designated as machinery and equipment forming an integral part of an operational unit designed for or used in processing or manufacturing or the production or transmission of natural resources.

Section 366 provides for taxes on transient traders. With the amendment being made to

section 329a transient traders may be licensed under that section.

Section 395b presently reads: 10 395b. A council may, subject to the approval of the Minister and subject to

section 334, pass a by-law in any case where the council considers it equitable to do so, (

a) to cancel or refund all or any part of a tax levy, or (

b) to suspend and defer for such period of time and on sucb terms and condHio~s as to the council seems proper, a special frontage or a specIal local benefit assessment.

approved by (

a) two-thirds of the proprietary electors voting thereon, when the total number of proprietary electors voting on the by-law is not more than fifty per cent of the total number of proprietary electors entitled to vote thereon, or (

b) a maj ority of the proprietary electors voting thereon, when the total number of proprietary electors voting on the by-law is more than fifty per cent of the total number of proprietary electors entitled to vote thereon.

Section 347 a, subsection (1) is amended by adding after the words "The PubHc Utilities Board Act" the words ", The Go..s Utilities Act".

Section 349, subsection (2) is amended by striking out the words "upon ratification by two-thirds of the pro prietary electors voting thereon" and by substituting the following: upon ratification by (

a) two-thirds of the proprietary electors voting there on, when the total number of proprietary electors voting on the by-law is not more than fifty per cent of the total number of proprietary electors entitled to vote thereon, or (

b) a majority of the proprietary electors voting there on, when the total number of proprietary electors voting on the by-law is more than fifty per cent of the total number of proprietary electors entitled to vote thereon. 40.

(1) Section 353a is repealed.

(2) Notwithstanding subsection (1), any by-law passed pursuant to

section 3'53a continues in force until the thirty first day of December, 1966.

Section 366 is repealed.

Section 395b is amended by adding after the words "A council may/' the words "with res,pect to a specific property or business and". 10

Section 418a, subsection (2) presently reads:

(2) A by-law under subsection (1) does not require the assent of the proprietary electors if (

a) it is passed by a vote of two-thirds of all the members of the council, and (

b) the cost of such extension does not exceed fifteen per cent of the cost of construotion of the existing storm sewer.

Section 420, subsection (1) presently reads: 420.

(1) Except as otherwise pro,vided in this Act, a by-law for borrowing money or contracting debts and not payable out of the revenues of the current year shall be proceeded with in the same manner as set out in

section 298 except that when a vote of the pro prietary electors is required the by-law shall not be finally passed by the council until it has been approved by two-thirds of the proprietary electors voting thereon.

Section 437, subsection (1) presently reads: 437.

(1) The counoil of a town or a village by resolution or by by law may, pending the issue or the sale of any debentures authorized by by-law or in lieu of selling and disposing of the same,authorize the mayor or the deputy mayor and secretary-treasurer to raise money by way of a loan on such debentures, not to exceed eighty per cent of the par value of the debentures, and to hypothecate the same for the loan. 46. Self-explanatory. 11

Section 418a, sub~ection (2) is amended by striking out all the words precedlng clause (

a) and by substituting the following:

(2) A by-law under subsection (1) is not required to be proceeded with in accordance with

section 420 if

Section 420 is amended by striking out subsection (1) and by substituting the following: 420.

(1) Ex~ept as otherwise provided in this Act, a by law for borrOWIng money or contracting debts that are not payable out of the revenues of the current year (

a) shall be proceeded with in the same manner as set out in

section 298, or (

b) shall be submitted for the assent of the proprietary electors voting thereon in the manner provided for by

Part VI, and when a vote of the proprietary electors is required the by-law shall not be finally passed by the council until it has been approved by (

c) two-thirds of the proprietary electors voting there on, when the total number of proprietary electors voting on the by-law is not more than fifty per cent of the total number of proprietary electors en titled to vote thereon, or (

d) a majority of the proprietary electors voting there on, when the total number of proprietary electors voting on the by-law is more than fifty per cent of the total number of proprietary electors entitled to vote thereon.

Section 437, subsection (1) is amended (

a) by striking out the words "by resolution or", (

b) by striking out the words "the issue or". 46. The following

section is added after

section 471: 471a.

(1) A mayor, councillor or employee of a town or village, either in his own name or in the name of another, alone or jointly with another is prohibited from enter!ng into a contract with the town or village for the SupplYIng to him of a service or commodity other than a service or commodity that the council has statutory authority to supply.

(2) A contract entered into contrary to subsection (1) is void.

(3) A person who contravenes this

section is guilty.of an offence and is liable upon

summary conviction to a fIne of not more than one hundred dollars and in default 'Of payment to imp'risonment for a term not exceeding sixty days. 11

Section 481, subsections (1) and (2) presently read: 481.

(1) All lost or unclaimed property in the possession of a town or a village or a department of a town or a village shall be retained for sIx months.

(2) If the lost or unclaimed property is not claimed within six months, the town or the village may dispose of the property by public auction, and any property offered for sale by public auction and not thereby sold may be otherwise disposed of as the council may direct. 48. Commencement of Act.

Section 481, subsections (1) and (2) are amended by striking out the word "'six" and by sUbstituting the word "three". 48. This Act comes into force on the day upon which it is assented to and upon so coming into force

section 3 shall be deemed to have been in force at all times on and after the thirty-first day of December, 1965. 12

No. 14 THIRD SEI8SION FIFTEENTH LEGISLATURE 14 ELIZABETH II 1966 BILL

An Act to amend The Town and Village Act Received and read the First time. Second time . Third time .......... . HON. MR. HOOKE Title: 1966 (15th, 3rd) Bill 14,

An Act to amend The Town and Village Act

Document details

Collection	Alberta — Bills
Citation	L15 S3 1318
Type	bill
Volume / chapter	L15 S3 1318
Language	en
Format	json
Source	PROVINCIAL
Identifier	6004f97f5c09a423ea854cfb1c8cde564d61b024

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