Bill 58 (Legislature 11, Session 3)

L11 S3 7086

Alberta — Bills

Bill No. 4>"8 of 1950. A BILL TO AMEND THE TOWN PLANNING ACT. NOTE. 'fhis Bill amends The Town Planning Act, being

chapter 169 of the Revised Statutes of Alberta, 1942. The Act is not restricted to planning in urban areas so the name of the Act, both in the long and

short titles, is amended. The new name is "The Town and Rural Planning Act". Several expressions which occur in numerous sections throughout the Act are amended. The term "general plan" is substituted for the term "official town plan" as the former expression is more closely descriptive of the nature of a plan of this type. The expression "technical planning board" is substituted for the expression "town planning commission" wherever it occurs. The term "Provincial Planning Advisory Board" is substituted for the term "Town and Rural Planning Advisory Board".

This term is more descriptive of the generality of the Board's duties. Similarly, the title "Director of Town Planning" is changed throughout the Act to "Director of Town and Rural Plan ning". The terms "plan" and "planning" are substituted for the terms "town plan" and "town planning" because plans prepared under the Act may be applied in rural areas.

Section 2 which is the

interpretation

section is amended by the addition of three new

definitions defining the terms "general plan", "official scheme" and "interim. develop ment". The heading of

Part I is changed from "Preservation of Natural Beauty" to "Provincial Planning Advisory Board" since the main purport of this

Part is a description of the duties and authority of the Board.

Section 3 sets out various specific duties and powers of the B~oard. A new clause (

g) is added to provide that the Board shall be generally responsible for administration of the Act. Clause (

I) of

section 4 is deleted. This clause gives the Boa~d poWer to make regulations with regard to the administration and use of parks. As this power is now vested in the Provincial Parks Board tinder the provisions of The Provincial Parks and Pro,tective Areas Act this clause is .rio longer applicable. The heading of

Part II is altered to conform with the proposed changes in terminology introduced elsewhere in the Act.

ii Sections 10 and 11 have been struck out and several new sections have been substituted. The new

section 10 provides that the council of any local or rural authority may appoint a Planning Advisory Com mission. Its purpose is to advise the council with respect to general planning matters. The new

section 11 provides that the council of any local or rural authority may appoint a Technical Planning Board. The powers of the Technical Planning Board are substantial ly the same as those appearing in the present

section 10 of the Act although they have been revised in some particulars for purposes of clarification. The new

section 11a provides that the by-law appointing a Board or Commission may provide for the terms of office of the members, the filling of vacancies, the holding of meet ings, the keeping of minutes and other matters pertaining to the organization of the Board or Commission. A majority of the members of the Board or Commission form a quorum. The new

section lIb enables the Lieutenant Governor in Council to establish a District Planning Commission at the request 'Of two or more adjoining municipalities and upon the recommendation of the Provincial Planning Advisory Board. The members of the District Planning Commission are appointed by the represented municinaIities and by the Provincial Planning Advisory Board. The order establish ing the District Planning Commission may describe the pro portions in which any funds required to meet the expenses of the Commission shall be contributed by the represented municipalities and the Province.

Section lIe provides that the function of the District Planning Commission is to prepare and recommend to the councils concerned plans or schemes of development of com mon concern to two or more of the represented munici palities. These Commissions would be set up chiefly in metropolitan areas where planning for future city develop ment will affect and reauire the co-operation of the Province and adjacent municipalities. The new

section lId provides for modification or variation of the organization and financing of a District Planning Com- -mission if additional municipalities become represented on it. Either an adjoining municipality or the District Planning Commission itself may make application to the Lieutenant Governor in Council for extensions of the District Planning Area. The Lieutenant Governor in Council may revise, amend or modify the provisions pertaining to operation, financing and organization of a District Planning Com mission in such manner as may be requested by resolution of the represented municipalities. The new

section lIe provides that if a municipality fails or neglects to comply with an order providing for its par ticipation in a District Planning Commission the Minister

iii shall ~ub.Iish notice of the default and may authorize the Comn11sslOn to act on behalf of the defaulting municipality.

Section 12 is amended. Clauses (

a) and (

c) are struck out and new clauses are substituted for purposes of clarifica tion. Two new clauses (

j) and (

k) are also added. These clauses give to the municipalities the necessary authority to apply for the ,establishment of or for representation on a District Planning Commission and to pay to the Commis sion its proportionate share of the expenses of the Com mission. A new

section 12a is added immediately after

section 12. This

section will enable a IoOcal oOr rural authority to control development within its territory during the interval between the time of its decision to prepare a general plan and the time of coming into effect of the general plan. The

section authorizes the Minister to make an interim development order suspending existing zoning by-laws in the area and authorizing the local or rural authority to exercise control over interim development.

Section 17 (2) is amended by the correction of an omission.

Section 20 is amended. The reference to a regional plan ning commission is replaced by a reference to a district planning commission which is provided for in the new

section

Section 42 is amended. The

section presently gives four months' time to complete replotting schemes. This has proved to be inadequate so the time provided is increased to six months. A new subsection (2) is also added to

section 42. This new subsection provides that if a replotting scheme is adopted and a plan of subdivision filed the plan is required to be signed on behalf of the local authority by its proper officers and it is not necessary to obtain on the plan the sig natures of the owners of the land included.

Section 57 (2) is struck out and a new subsection is sub stituted. The new subsection provides that the Lieutenant Governor in Council may appoint the Provincial Planning Advisory Board. The Director of Town and Rural Planning is to be the chief executive member of the Board and the re maining members will represent such Departments of the Provincial Government as may be concerned with aspects of urban and rural development within the Province. KENNETH A. McKENZIE, Acting Legislcttive Counsel. (This note does not form any part of the Bill but is offered in explanation Of its provisions.)

BILL No. 58 of 1950.

An Act to amend The Town Planning Act. (Assented to , 1950.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Town Planning Act, being

chapter 169 of the Revised Statutes of Alberta, 1942, is hereby amended as to its

long title by adding immediately after the word "Town" the words "and Rural". 2. The said Act is further amended as to

section 1 by adding immediately after the word "Town" the words Hand Rurctl". 3. The said Act is further am.ended,- (

a) by striking out the expression "official town plan" wherever it occurs in this Act and by substituting the expression "general plan"; (

b) by striking out the expression "town planning commission" wherever it occurs in this Act and by substituting the expression "technical planning board"; (

c) by striking out the words "Town and Rural" where ever they occur in this Act in the expression "Town and Rural Planning Advisory Board" and by sub stituting the word "Provincial"; (

d) by adding immediately after the word "Town" wherever it occurs in this Act in the expression "Director of Town Planning" the words "and Rural" ; (

e) by striking out the word "town" wherever it occurs in this Act in the expression "town plan" or "town planning" . 4. The said Act is further amended as to

section 2, (

a) by adding immediately after clause (

b) the follow ing new clauses: "(bb) 'general plan' means a plan or plans prepared for the purpose of providing for the develop ment of the territory of a municipality or two or more adjoining municipalities or any part or parts thereof in an orderly, economical and convenient manner;

2 " (bbb) 'interim development' means development which takes place between the date on which the resolution of a local authority to prepare a general plan becom~s effective and the date of coming into operation of a general plan;"; (

b) by adding immediately after clause (

f) the follow ing new clause: "(if) 'official scheme' means a plan or. scheme for specific public improvements not inconsistent with the general plan;". 5. The said Act is further amended by striking out the heading "Preservation of Natural Beauty" at the begin ning of

Part I and by substituting the heading "Provincial Planning Advisory Board". . 6. The said Act is further amended as to

section 3 by adding immediately after clause (

f) the following new clause: "(

g) administer the provisions of this Act.". 7. The said Act is further amended as to

section 4 by striking out clause (f)· 8. The said Act is further amended by striking out the heading "Official Town P~'an or Scheme and Zoning By-law" at the beginning of

Part II and by substituting the heading "General Plan, Official Scheme and Zoning By-law". 9. The said Act is further amended by striking out sec tions 10 and 11 and by substituting the following: "10.-

(1) The council of any local or rural authority by by-law may appoint a commission representative of the citizens at large to be known as a Planning Advisory Com mission for the purpose of advising the council with respect to general planning matters. "

(2) The council may delegate to the Planning Advisory Commission· such powers as it may deem necessary, other than the power of raising money, expropriating land or preparing a general plan, 'Official scheme or zoning by-law. "11.-

(1) The council of any local or rural auth'Ority by by-law approved by the Minister may appoint aboard to be known as a Technical Planning Board and may delegate to it such powers, other than the power of raising money or ex pr'Opriating land, as may be necessary for the purposes, of,- H (

a) preparing a general plan or scheme of development and a zoning by-law or any plan or offi~ial scheme authorized by the provisions of

section 12; H (

b) acting in an advisory capacity in. matters pertaining to planning; .. " ~

c) promoting public interest in .planning·. Of

(2) The by-law may au:thorize the Board to appoint such planning engineers, consultants or other officers as

3 may be necessary for any of its purp'Oses and to expend such funds as may be furnished by the council. "lla.-(

l) The by-law appointing a Board or Commis sion as aforesaid may pr'Ovide for the terms of· office of the members thereof, the filling of vacancies caused by the retirement or resignation of members, the holding of meet ings, the keeping of minutes and any other matters pertain ing to the organization of the B'Oard or Commission and the transaction of its business. "

(2) A majority of the members of the B'Oard or Com mission shall form a quorum for the transaction of business. "11b.-

(1) The Lieutenant Governor in Council, upon receipt of a res'Oluti'On passed by the councils of two or more· adjoining municipalities and upon the recommendation of the Provincial Planning Advisory Board, may,- " (

a) establish a Commission to be known as a 'District Planning Commissi'On'; and " (

b) designate the area to be known as a District Plan ning Area with respect to which the Comission shall exercise its powers. "

(2) The District Planning Commission shall consist of,- "(

a) such number of members to be appointed by and to represent each 'Of the municipalities as may be pro vided for in the 'Order establishing the Commission; and " (

b) not more than three members representing the Province and appointed by the Provincial Planning Advisory Board. "

(3) The order establishing a District Planning Commis sion may,- " (

a) prescribe the pr'OPortions in which any funds re quired to meet the expenses 'Of the Commission shall be contributed by the represented municipalities and the Province; and " (

b) make regulations governing the organization of the Commission and the transaction of its business. "llc.-(

l) The District Planning Commission may, "(

a) act in an advisory capacity on any matters pertain ing to planning which may be of common concern to any two or more of the represented municipali ties or to any municipality or municipalities and the Province; " (

b) prepare and recommend to each council represented a general plan and a zoning by-law; " (

c) prepare and rec'Ommend to each council concerned any official scheme of development of common con cern to two 'Or more of the represented municipali ties or to any municipality or municipalities and the Province; "(

d) appoint such planning engineers, consultants or -other officers as may be necessary for any of its

4 purposes and expend such funds as may be furnished by the represented municipalities and the Province for this or for any other of its purposes; " (

e) promote public interest in district or regional plan ning; "(

f) exercise such rights and powers and perform such duties as may be vested in it by the Lieutenant Governor in Council or delegated to it by the councils represented, other than the power of raising money or expropriating land. H

(2) A majority of the members of the Commission shall form a quorum but no business relating to any matter of specific concern to a particular municipality shall be trans acted at any meeting which is not attended by at least one representative of that municipality. "11d.-

(1) The Lieutenant Governor in Council, upon receipt of a resolution passed by the council of a municipality adjoining a municipality represented on a District Planning Commission or upon receipt of a resolution of the Commis sion, may make an order providing for representation of that municipality on the Commission and for an extension or extensions of the District Planning Area. "

(2) The order may,- "(

a) provide for the number of members to be appointed by and to represent the municipality so added; and " (

b) vary the number of members representing each other municipality; "(

c) adjust the proportions in which the funds required to meet the expenses .of the Commission shall be contributed. "

(3) The Lieutenant Governor in Council, from time to time, may revise, amend or modify the terms and provisions pertaining to the operation, financing or organization of a District Planning Commission in such manner as may be requested by resolutions of the represented municipalities or in such other manner as may be equitable and convenient. "lle. If a municipality fails or neglects to comply with an order providing for its participation in a District Planning Commission, the Minister shall give notice of the default by publishing it in The Alberta Gazette and may thereupon authorize the Commission to act on behalf of the defaulting municipality." . 10. The said Act is further amended as to

section 12, (

a) by striking out clause (

a) and by substituting the following: "(

a) for the purpose of providing for the develop ment of its municipal territory or any part thereof in an orderly and convenient manner, provide by resolution for the· preparation of a plan or plans for development either as to the whole or any part or parts thereof, which plan or plans shall be known as the 'General Plan';";

5 (

b) by striking out clause (

c) and by substituting the following: " (

c) prepare official schemes;" ; (

c) by adding immediately after clause (0 the follow new clauses: "(

j) apply by resolution to the Lieutenant Governor in Council for the establishment of or for repre sentation on a District Planning Commission; " (

k) pay to a District Planning Commission on which it is represented such proportion of the funds required to meet the expenses of the Commis sion as may be prescribed by order in counci1.". 11. The said Act is further amended by adding immedi ately after

section 12 the following new section: "l'2a.-

(1) Upon the passage of a resolution providing for the preparation ofa general plan, the local or rural authority shall forward to the Minister,- "(

a) a certified copy of the resolution; and " (

b) a description of the area for which the plan is to be prepared. "

(2) Upon receipt of the resolution and description, the Minister may make an order to be known as an interim development order suspending the operation of any existing zoning by-law and authorizing the local or rural authority to exercise control over such development as may take place within the described area prior to the coming into effect of the general plan. "

(3) An interim development order shall,- " (

a) prescribe the powers to be exercised by the local or rural authority; and " (

b) prescribe the manner in which the order is to be administered with respect to the control of interim development; and " (

c) contain provision for appeal to the Board against any decision of the local or rural authority.". 12. The said Act is further amended as to

section 17 by adding at the beginning of subsection (2) the words "A general plan or official scheme". 13. The said Act is further amended as to

section 20, sub section (1) by striking out the word "regional" and by substituting the word "district". 14. The said Act is further amended as to

section 42, (

a) by renumbering the same as subsection (1); (

b) by striking out the word "four" where it occurs in subsection (1) and by substituting the word "six" ; (

c) by adding immediately after subsection (1) the following new subsection:

6 "

(2) Notwithstanding the provisions of

section 78 of The Land Titles Act, the plan of subdivision shall be signed on behalf of the local authority by its proper officers and it shall not be necessary to obtain on the plan the signatures of the owners of the lanel included therein or their agents.". 15. The said Act is further amended as to

section 57 by striking out subsection (2) and by substituting the follow ing: "

(2) There shall he a Provincial Planning Advisory Board which shall consist of,- "(

a) the Director of Town and Rural Planning who shall be the executive member of the Board; " (

b) such representatives of Departm·ents of the Prov incial Government concerned with any aspects of urban and rural development within the Province as may be appointed by the Lieutenant Governor in Council." . 16. This Act shall come into force on the day upon which it is assented to.

THIRD SESSION ELEVENTH LEGISLATURE 14 GEORGE VI 1950 BILL

An Act to amend The Town Planning Act. Received and read the First time. Second time ................................... . Third time ...................... . RON. MR. MACMILLAN. Title: 1950 (11th, 3rd) Bill 58,

An Act to amend The Town Planning Act

Document details

Collection	Alberta — Bills
Citation	L11 S3 7086
Type	bill
Volume / chapter	L11 S3 7086
Language	en
Format	json
Source	PROVINCIAL
Identifier	63f212708d911dc0dfabff276574470e58a29a98

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