Bill 116 (Legislature 11, Session 4)

L11 S4 7027

Alberta — Bills

Bill No. 116 ot 1951. A BILL TO AMEND THE SCHOOL ACT NOTE. This Bill amends The School Act, being

chapter 175 of the Revised Statutes of Alberta,

Section 209, dealing with sinking funds in city school districts, is struck out and a new

section is substituted. The new

section gives the city school district all the powers enjoyed by the city council with respect to sinking funds.

Section 257 is amended by the addition of a new sub

section (2b) and

section 302 is amended by the addition of a new clause (cc). These two amendments ratify a pro cedure already authorized by order in council which enables an elector to cast his vote at any poll other than that in his own district or that at which he has been directed to vote, if, before voting he comp:letes a declaration in the form prescribed by the Minister. The amendment to

section 257 authorizes this procedure in the case of ordinary elections and the amendment to

section 302 authorizes the procedure in the case of votes on by-laws by proprietary electors.

Section 289, clause (

b) is amended by excepting "stock in-trade". The effect of this amendment is that when the secretary of a municipality gives a ,certificate of assessed value of property within the municipality he will show the total assessed value of all personal property other than stock-in-trade.

Section 293a is struck out and a new

section is substituted in its stead. This is the

section which provides for an appeal or reference by a municipality from a requisition submitted by a school division. Under the new

section the appeal or reference will be made to the Board of Public Utility Commiss.ioners rather than to a commissioner ap pointed by the Lieutenant Governor in Council. The muni cipalitycannot make this reference unless the requisition received by the municipality exceeds twenty per cent of the total sum requisitioned by the division upon all municipal ities to which requisitions are submitted or unless the amount of the requisition exceeds fifty per cent of the total amount of the requisitions upon the municipality by all districts or divisions from which requisitions are received.

All the amendments contained in this Bill are effective from the 1st day of January, 1951, so that they will be

ii applicable to the current year with the exception of the provision deleting stock-in-trade from the certificate of assessment given by a municipal secretary which comes into force on the 1st day of July, 1951, and is therefore applicable to 1952 and subsequent years. KENNETH A. McKENZIE, Legislative Co'unsel. (This note does not fonn O-II!J part of the Bill but is olfered in c.t-planation of its provisions.)

BILL No. 116 of 1951.

An Act to amend The School Act. (Assented to , 1951.) HIS MAJE.STX:, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta enacts as follows: . , 1. The School Act, being

chapter 175 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 209 is struck out and the following is sub-

Section 209 stituted: amended "209.

(1) In addition to the powers conferred by this City school Act, the board of a slchool district within the limits of which d~tl:!ct ~fas . t··· hI" p wcrs an Incorpora edcIty 1S In woe or In part sItuated, with city. rel:tting· the consent of the Board of Public Utility Commissioners, i~~~nkmg may exercise all the powers to fix by by-law or by a'mending by-Iaw,- "(

a) the times at which the principal and interest of a debenture shaH be repayable; " (

b) the rate or rates of interest payable on the deben- ture; . "(

c) the place or places at which debentures and coupons shall be payable; "(

d) the currency in which debentures and coupons shall be paya!ble; that are conferred upon the council of a city by The City Act. "

(2) The board of a school district within the limits of which an incorporated city is in whole or in part situated that provides by by-law for the issue of debentures with the principal repayable at the end of the period during whic"h the debentures are to run and interest payable annuaHy or semi-annual:ly has all the powers and duties with respect to the accumulation and administration of a sinking fund that are conferred and imposed upon the council of a .city by The City Act. "

(3) Until the coming into for'ce of The City Act the references in this

section to The City Act shall be deemed to be references to all or any of the several city charters, as the case may require.".

Section 2,57 is amended by adding immediately after

Section 257 subsection (2a) the following new subsection: amended

Section 289 amended

Section 29 ila amended Application for examin ation of estimates Approval or reduction of t:stimates 2 "(2b) An elector may cast his vote at any poll in the subdivision, other than that in his district or that at which he has been directed to vote under subsection (2a), if, before voting, he completes a declaration in the form pre scribed by the Minister that he' is an elector of a district in the subdivision.".

Section 289, clause (

b) is amended by adding imme diately after the words "personal property" the words ", other than stock-in-trade".

Section 293a is struck out and the following is sub stituted : "293a.

(1) The council of a municipality, or the Minister of Municipal Affairs in the 'case of an improvement district or special area, within thirty days of the receipt of the requisition upon it by a division, may apply to. the Board of Public Utility Commissioners for an examination of the estimates of the division for the ,current year. "

(2) The division, forthwith upon request, shall supply to a municipality to which it submits a requisition a copy of its estimates. "

(3) No application may be made by a council or by the Minister,- "(0) unless the requisition received by the municipality exceeds twenty per ,cent of the total sum requisi tioned by the division upon aU the municipalities to whi,ch requisitions are submitted; or " (

b) unless the amount of the requisition exceeds fifty per cent of the total amount of the requisitions upon the muni'cipality by all districts oOr divisions from which requisitions are received. "

(4) The application shall be accompanied by a state ment setting forth the respects in which, in the opinion of the municipality, the estimates of the division are excessive. "

(5) The Board of Public Utility Commissioners, after due investigation, and the hearing of representations from the division and from the municipality, and from other municipalities included wholly or in

part in the division if they desire to make representations, may,- "(

a) approve the estimates and requisitions; or "(

b) direct that the requisitions upon the variousmuni cipalities shall each be reduc,ed by a percentage which it shaH determine, and that the estimates be revised accordingly. "

(6) The Board of Public Utility Commissioners may require to be produced and may examine such records and documents as it may deem pertinent to the examination. ~~~Pd):~~ion "

(7) The Board of Public Utility Commissioners shall of Board notify the division and the municipalities of its decision Which shall be binding on all parties affected and there shall be no appeal therefrom. "

3 "

(8) The requisitions referred to herein shall be the basic requisitions for the division only and: shall not include additional requisitions made under

section 280 or 290.".

Section 302 is amended by adding immediately after c.:~J0:,! clause (

c) the following new clause: " (cc) a proprietary elector may cast his vote at any poll in the division, other than that in his district or that at which he has been directed to vote under the piroviso to clause (c), if, before voting, he ·com pletes the declaration in the form prescribed by the Minister, that he is a proprietary elector of the division ;". 7. This Act shaH come into force on the first day of fn~~~~~ce July, 1951, except for sections 2, 3, 5 and 6 which shall be deemed to have been in force at all times on and after the first day of January, 1951.

No. 116. FOURTH SESSION ELEVENTH LEGISLA"lURE 15 GEORGE VI 1951 BILL

An Act to amend The School Act. Received and read the First time ......................................... . Second time ..................................... . Third time ........................ . HON. MR. CASEY. Title: 1951 (11th, 4th) Bill 116,

An Act to amend The School Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 7027
Type	bill
Volume / chapter	L11 S4 7027
Language	en
Format	json
Source	PROVINCIAL
Identifier	664fdf61ea40903250c9c0c80847c1129a749ba4

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