No. 63 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 63 A Bill to amend The City Act HON. MR. HOOKE Printed by L. S. WALL, PrInter to the Queen's Most Exce-llent Majesty, Edmonton, Alberta, 1963

Exp,lanatory Note 2. (

a) A definition of "depredation" is added. (

h) The definition of "hospital" is amended to refer to the present hospitals Act. (

c) Clause (j1) presently reads: "(j1) "improvement" means (ii) a buiQding or structure erected .or placed upon, in, over or under land, whether lOr not it is so affixed as t.o beCIOme transferred w:iHlIout special mentJiJon by a transfer .of the land, (ii) any thing affixed ,to or integ!r8Jted in a building or struCiture aUixed 1..0 ,the ,land that w:ould with.out special menti.on be transferred by a transfer .of the ,Jand, and (iii) machinery, equipment, ap,pl1!ances and Oither things that f'orm an integra,l part .of an .operational unit designed f.or .or used in (

A) proces'sing .or manufactuning, or (B)fue pr.odUJction ,of nrutUJral resources Dr the transmJssion .of DalturaI re5jouroes by pdp,e Une, W1heAhe,r or no.t the mach1nery, equipment, applJiances Dr OIther things are s.o aff,ixed as t.o bOO/Ome transfellTed with.o'll/t s,pooial mention by a transfer of the ilJand;". Under other provisions of this Aot, the things described in sub­ clause (iii) are to be assessed at 30% rather than 60% of their fair actual value. The amendment is intended to remove storage tanks from this class.

Section 177 reads: "177. All the pl1ovisions 'in tMs Act re,specting 'the election and quaIi­ ficrution .of lIIldermen and the qualifiC8JtiO'n .of electol'lS apply, SD far as the 'same lIIre lIIppliicable, to' the eilection .of !sooool trustees, except ;that where a ,schiool odLstrict eXltends beyo.ndthe limits .of a city, a person residing lin ,such extended pOl"Uon and qualiHe,d a;s an elector in a city school d'istrtct ;is eligJble 'to be nominruted and to vote at an e1eClti.on .of school truSltees, notwithstanding thalt 'he is nOit qUJrulified t.o vote for aJldermen, U such p'el1SlOn 'suhs'cribe,s t.o the dec:JaratilOn in Form 20 in the Scheduie."

BILL No. 63 of 1963

An Act to amend The City Act (Assented to , 1963) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The City Act, being

chapter 42 of the Revised Statutes, is hereby amended.

Section 2 is amended ('

a) by adding the following clause immediately after clause (e): (e1) "depreciation" means a loss in value attribut­ able to any cause; (

b) as to clause (

j) by striking out the words "The Hospitals Act" and by substituting the words "The Alberta Hospitals Act", (

c) as to clause (j1) (

i) by adding immediately after the words "or un­ der land," in subclause (

i) the words "includ­ ing tankage used exclusively for storage purposes,", (ii) by adding immediately before the words "that form an integral part" in subclause (iii) the words ", excluding tankage used exclusively for storage purposes,".

Section 177 is amended by renumbering the

section as subsection (1) and by adding immediately after the re­ numbered subsection the following:

(2) Notwithstanding subsection (1), a paid official or employee of the city, is elig]ble to be elected and entitled to sit or vote as a school trustee.

2 4. A new

Part is added to authorize the holding of city elections every two years, with the mayor, a,ldeI'lmen and school trustees being elected at the same time for a two year term.

Section 2,l4u is required because the city of Edmonton, from whom this request stems, conducted a plebiscite on the issue at the time of the annual election in the fall of 1962, with the electors favouring the method prescribed in the new Part.

2 4. The following new

Part is added immediately after

section 214p:

PART lV B ELECTION O'F MAYOR AND ENTIRE COUNCIL EVERY TWO YEARS 214q.

(1) Where on a vote of the electors, a majority of the electors voting, vote in favour of the mayor, aldermen and school trustees of the city being elected at the same time for a term of two years, the council shall by by-law de­ clare the system of election as aforesaid to be in effect in the city.

(2) A vote of the electors under subsection (1) shall be held on the day of the annual election and in accordance with the provisions of

Part v. '214r.

(1) A by-law passed pursuant to

section 214q, takes effect at the annual election for mayor and aldermen in the second year following the passing of the by-law, with the mayor and aldermen being elected for a two year term 00mmencing with the date of the first meeting of the council following the election and every two years thereafter at the date fixed for the annual election.

(2) N otwi thstanding any other provision of this Act, the term of office of mayor and aldermen elected at the date of the annual election for mayor and aldermen in the year fol­ lowing the passing of the by-law shall be for a period of one year commencing with the date of the first meeting of the council following the annual election. 2148. Upon the institution of the system of election authorized by this Part, any reference in this Act to annual elections, shall be deemed to also refer to the elections held pursuant to this Part. 214t. This Part, the necessary changes being made, ap­ plies to the election of public and separate school trustees. '214u. Notwithstanding

section 214q, where at a pleb­ iscite held in a city prior to the first day of November, 1962, the electors voted in favour of the system of election as authorized by this Part, the council of the city shall pass the by-law required by

section 214q with the by-law taking effect as of the date of the annual election to be held in the year 1964 and the mayor and aldermen to be elected at the date of the annual election in the year 1963 shall be elected for a one year term commencing with the date of the first meeting of the council following the election.

Section 268a, subsections {

l) and (3) read: "268a.

(1) Notwithstanding anything cOI1luaJined in tMs Act, (

a) if a notice Is published as provided in subsectlon (2), and (

b) if a vote ,is nOit required under suhseCltJion (3), the aJssent of the propll".i'etary elec:to'I1s is nOlt required to any by-law cre;wHng a debt not paya.Me wi,thin the current yeM.

(3) If a demand for a vote on tne by-law, sagned by five per cent or more of the propdetary ele'Clto~s, is deHvered to the city c[eirk within flifteen days of the last ,publication of the notice (

a) Ithe cLty derk sham notify the Local Authorities Board of that ftwt, and (bY the councill ,shall immediately aT!l'laI1ge for and hold a poll of the pl10iprietary electlors in the manner presoribed by tJhJ]S Act ....

Section 269, subsections (1), (2) and (2Ia) read: "269.

(1) If ten per cent of 1:I1].e resident proprietary eleCioors pErtilltion the counc:il for the suhmLssion of a by-law derul'ing 'With any matter within its Ileg1isla,tive jurisdiction, ,the council shall <cause a by-law dealing with the subject matter of the peltitiorn to be prep~ed and read a fdJr.slt time in Clouncdl.

(2) Within four weeks af,ter receiving the petition the council shaM advertiJs,e fue by-J:aw in sOlIDe ne,wspaper pubJished in ,the cirt:y, or in case there is no ,such neWlspaper, ,in any newspaper cil'culating therein, in at lealSlt one numbe,r of the paper ea.ch week for two sucoeSSlive weeks prior to ,the date of voting Q1n the by-law. (2a) NQtwHh:standing

section 217 any vote required under thils sec­ tion may be he}d on the same date as the next annual drute for a municipal eleCition if the petition Is received by the Clound>l on or after the fir:stday of July and beflo're 'the fifteeIlith day ,Q1f Sepitember in that year .... The amendment is intended to remove the necessity of a vote other than at the time of the regular municipal eiJ.e'ction.

Section 2,76 reads in part: "Z76. For the pr,e'Venrbion or extingUlishing of fires aJnd :lior the presell"­ v>atiQl~ ·of life >and p,rop.erty fr:om 'injury or des'tructiorn by fire, the GOunml may purchase app.aratus and equipmeIlit fOor eXJtinguiSlhing fire and may pass by-laws p.roviding for any or all Q1fthe flo>hliOwing:", 8. Evidence by certificate.

3 5. SectiQn 268a is amended by striking Qut subsectiQn (3) and by sUbstituting the fQllQwing:

(3) If a demand fQr a VQte Qn the by-law, signed by five per cent Qr Qne thousand, whichever is the lesser, of the prQprietary electQrs is delivered to' the city clerk within fifteen days of the last publ~cwtion of the notice, the cQuncil shall nQt finally pass the by-law unless (

a) the city clerk notifies the LQcal AuthQrities BQard Qf the receipt Qf the demand, (

b) the cQuncil hQlds a poll Qf the proprietary electors in the manner prescribed by this Act, and (

c) the assent Qf the prQprietary electQrs, as required by sectiQn 268, is Qbtained. 6. SectiQn 269 is amended by striking Qut subsectiQns (2) and (2a) and by substituting the fQllQwing:

(2) The by-law shall be submitted to' a VQte Qf the pro­ prietary electQrs if it is a mQney by-law Qr to' a VQte Qf the electQrs if it is nQt a mQney by-law in accQrdance with

Part V. (2a) If the petitiQn is received after the fifteenth day Qf September in any year, the VQte need nQt be held until the date Qf the annual electiQn in the next fQllowing year Qr at the date Qf the next biennial electiQn, as the case may be. 7. SectiQn 276 is amended by adding the fQllQwing clause immediately after clause (j): (j1) adQpting and cQnstituting the Municipal Fire Pre­ ventiQn CQde (Canada), with the exceptiQn Qf any specified prQvisiQns thereQf Qr any mQdificatiQn Qf thatcQde, either in place Qf Qr in additiQn to' any regulatiQns made under any Qther clause of this sec­ tiQn; 8. SectiQn 283 is amended by adding the fQllQwing sub­ sectiQn after subsectiQn (4) :

(5) In any prQsecutiQn Qf a cQntraventiQn Qf a by-law passed pursuant to' this sectiQn a certificate signed by a tester apPQinted under sectiQn 127a Qf The Vehicles and Highway Traffic Act and bearing a date thereon nQt mQre than thirty days befQre Qr after the date Qf the Qffence charged and stating therein the result Qf a test Qf the speedQmeter Qn the mQtQr vehicle mentiQned therein, is ad­ missible in evidence withQut prQQf Qf the signature Qr ap­ PQintment Qf the tester, as prima facie proof Qf the facts stated in the certificate.

Section 294, subse.ctions (1) and (3) read: "294

(1) The ClouncH may acquire by purcoose, priViate treruty or otherwi,se for and on beha1f of the c'ity and for any purpose whats'O­ ever such liands either within or wHhout the city, as the council deems expe'diellJt ,to acquire.

(3) Notwithstanding the pI1Ovisions of subsection (1), the councH shalH obta;in the aPlP'I1OV'a,1 of Ithe Lieutenant GDvernor in Council before acquiring any J:a;nd Sliturute outside the bDundaries of the cilty or any interest in such land.". I O.

Section 298 presently reads: "298.

(1) If the council desires to acquire land, either wLthin or without the dity, fOil" amy purplose authorized by this Aot, or for the purplOSe Df prevenlting the work,ing of any .eoal mine within, upon or unde,r any porUon of the land compI1Lsed within the dty, 'Or for the purp.ose of improving any land owned by the city, the commiSis·Loners may nego­ tia.te wi.th the owners and occup.iers of suc:h land or other persons intereste,dthere:in for the acqufsj,tion of the land by agreement, and in case they cannlat acquLre the land at a fair price by agreement, the commiss~oners may takJe step's to acquire the same by expropriation in the name and Qn behalf ·of the city.

(2) If the council, by agreement with -the owners or persons con­ cerned, cannot, at an amount that tbe council consIders a flair price, acquLre tLtle to any parcel of l.and, 'or any estate or interelst therein, requi.red for the municipaJI public use .of and by the c'tty in or in connectLon wi:1Jh any plan Qf develDpment of any partLcuJar area of the oity and t'lr3Jt the council bona fide deems to. be in the publ1ic interesrt:, whether such plan of development is to be undertaken solely by the city or in conjunction with a;ny ·other person, then tbe council may acquire such Utle by exprop.riation proceedings in 'the name of the city.".

II. A reference ,to the commissioners is replaced by a more correct reference to the city. 12. A reference to the commissioners is repla'ced by a more correct reference to the city.

Section 309 presently reads: "309 Where a C'laim is made (

a) and (

b) Repealed. (1961, c. 30,

Schedule Two) (

c) for damagels incurred by rea;son of the loss of Dr le'SISening of the us·e of land by the exercLse of a pDwer of a city in the erection or clonSitrucUo,n of a work or structure, if the Clommi·ss,ioners are llJot ahle toO agree with the claimant as to the amDunt of compensation or damages, tb.e com'penSialtion and dam­ ages shall be settled and determined by the award of a judge of the SUJ)reme Oourt of AlbeJ:'lt'a 10.1" IOf the dis'tric,t court of the judidal diis,trict 'in which the c'ity is situruted or of a harrister to be apP'o,inted by hiim as arbitrart:or and the amount S'O awarded shall be paid to the cla.imant by the city.".

Section 294 is amended by striking out subsection (3) and by substituting the following:

(3) Notwithstanding subsection (1), before acquiring any land or any interest in land, situate outside the boundaries of the city, the council shall obtain the approval of the council of the municipality in which the land is situated.

(4) If the approval of the council of the municipality in which the land is situated cannot be obtained the council of the city shall submit the matter to the Local Authorities Board for its approval, which may be given on such terms and conditions as the Board may decide.

(5) If the Local Authorities Board refuses to give the approval the council may not acquire the land.

Section 29,g is amended (

a) as to subsection (1) by striking out the word "com­ misslioners" wherever it occurs and by SUbstituting the word "city", (

b) by striking out subsection (2).

Section 299, suhsection (1) is amended by striking out the word "commissioners" and by substituting the word "city".

Section 300 is amended (

a) as to subsection (1) by striking out the words "taking any land, the commissioners shall deposit" and by substituting the words "the taking of any land by a city there shall be deposited", (

b) as to subsection (2) by striking out the word "com­ missioners" and by SUbstituting the word "city".

Section 309 is struck out and the following

section is substituted: 309. Where a claim is made for damage under

section 303a and the city is not able to agree with the claimant as to the amount of compensation or damages, the compensa­ tion or damages shall be settled and determined by the Public Utilities Board.

Section 318, subsections (1) and (2) presently read: "318.

(1) Where the council is empowered to acquire titl.e rto any land or to any estate or intere'st thererin, either by P'1llrchia-sie, expl'IOpriattdon, gifit or other manner, other than tax recovery pl'lOceSiS, the oouncil may 1;rold, CIOnvey or dii,spOISe of such Lamd, or e.Sltrute or initereiSrt in such land in any manne,r that the eouncliI may deem to be advisable or exp,edient, and such disposal does nlot reqUli·re the arsse1nt of tJhe pl"Oprieitary electors.

(2) A city council has no power (

a) to dispiOse of Iit-s es'tate in any landed p,roperty acquired for a publlic p~rk, public recreation grounds or exhibitiIJon grounds, (

b) to sell to any p,el1son, firm or corporation, lands at any sum less than whialt ilS, in the opinion of the cOUlnlC'il, the fair acturul value thereof at the time of sale, (

c) to rent or le3!se to any person, f.irm or co.rporrutlion, any lands, buildings or portion thereorf rut a rent less than the fair ren'tall value exoept where the leasing is to a .sc:hool, welfare organi~ruhlon, CIOmmunity servic'e club or other organizrution, j.f in the opiinion of the council the schoo,l, welfare orgrunization, ,semce elub or organization i,s carrying out or proposes to cwrry 0UIt actiV!itdes beneflicdal to the city, or (d) :to d,ispose of or to devote to any other purpose, lands thaJt have been dedi,cated to the c~ty by gift f'Or a spreClifli1c PU!1pose when such lands have been acceprted by the clirty for that sp,ecd:f~c purpose, wlithout the as:sent of a majority of the electors voting on a by-Ilaw a uthorizirng the disrpiOsaJ..".

I S.

Section 3'3:2, clause (

e) is amended to refer to the present hospi tals Act.

Section 3'34 which deals with authorization of public health expendi tures is never used and is being repealed. Se:ction 313'6 contains provisions which are now of no effect because of recent amendments to The Treatment Services Act.

Section 340 is amended to refer to the present hospitals Act.

Section 386 is 'amended to authorize a city to adopt as building regulations .the Uniform Building Code.

Section 318 is amended (

a) as to subsection (1) by striking out the words ", and such disposal does not require the assent of the proprietary electors", (

b) as to subsection (2) by striking out the words "A city council has no power" and by substituting the words "The disposal of any land, or estate or in­ terest in land, as authorized by subsection (1) does not require the assent of the electors, except that the council does not have power".

Section 332, clause (

e) is amended by striking out the words "The Municipal Hospitals Act" and by substitut­ ing the words "The Alberta Hospitals Act". 16. Sections 334 and 336 are repealed.

Section 340, sUbsections (8) and (10) are amended by striking out the words "The Hospitals Act" and by sub­ stituting the words "The Alberta Hospitals Act".

Section 386, subsection (1) is amended by striking out clause (

g) and by substituting the following: (

g) adopting and constituting as building regulations (

i) the regulations known as the National Build­ ling Code (Canada) or the Uniform Building Code (19'58 edition), or the National Building ICode (Canada) or the Uniform Building Code (19'58 edition) with the exception of any specified provisions thereof, or any specified provisions of the National Building Code (Can­ ada) or the Uniform Building Code (1958 edition), and (

H) any amendments to the National Building Code (Canada) or the Uniform Building Code (1958 edition), with or without modification, either in place of or in addition to any regulations made under any other clause of this section.

Section 409 presently reads: "409.

(1) The council, with the approval Df th€ Bo,aro of PublLc UiUllity Oommissio'nerls, may entelr into a contract witl;1 any person under,ta,.kIing to provide the resddents of the city with a supply of all Dr any oif tile foliliOwing, namely, teIephones, tra;nsportation, light, power, natuml and lartiflieial ga,s, Wlruter and heat, and oonfer a speCiiail. fra.nchilSe upon that person in respeot of the subjeCit matter of the oontrac.t fio,r any peI'lilod not in excess of twenty years. (2): The council, wi,th the appI'oval o,f the Board of Public Utility Commi'Slsi.oners, may enter into a c:ontrac1t with any per:son to supply lig.ht, power, gas, naltural and artificial ga,s or wate'r fo~ the use of the corporat:ion for any pedod not exceeding twenty years.

(3) Any by-Jaw p'assed by the oouncl1 under this

section shan be submi,tted to the proprieta;ry eleoto'rs and it shall only be made operative upon ra,tifica,tion by two-thirds of the pI"loprietary elecoors voting thereon.". 20. A cross-reference to

section 409 is made more specific be­ cause of the amendments proposed by clause 19 of this Bill. 21. A new subsection (9) provides that the assessment of land is not. to be affected by the zoning of the land for some use other than Its actual use. 22. A new

section provides for an assessment freeze on certain lands held for development purposes.

Section 409 is amended by striking out subsections (2) and (3) and by substituting the following:

(2) A by-law passed by a council under subsection (1) shall be submitted to the proprietary electors and it shall only be made operative upon ratification by two-thirds of the proprietary electors voting thereon. (,3) Where a city owns, maintains, controls, operates or conducts any public utility for the supply of all or any of the services mentioned in subsection (1), the council mav enter into a 'contract with any person to supply additional quantities of any of such services for the use of the city and for the security and protection of service to its utility consumers for any period not exceeding twenty years.

(4) Without restricting the generality of subsection (3), any such contract may include provision for the supply of (

a) standby service in the event of failure of the city's facilities, (

b) peak or base load and reserve supply, and (

c) interchange and ancillary services.

Section 410, subsection (1) is amended by adding immediately before the word and figure "section 409" the words and figure "subsection (1) of". '21.

Section 458 is amended by adding the following sub­

seCtion after subsection (8) :

(9) Notwithstanding anything in this Act, where under a zoning by-law land is zoned for some use other than its actual use, the assessor shall, until such time as the land is used for the purpose for which it is zoned, assess the land on the basis of its actual use as if the zoning had not taken place. 22. The following new

section is added immediately after

section 458: 459.

(1) Where land that is not being used for com­ mercial, industrial or residential purposes is subdivided, a council (

a) if it is satisfied that the land is being held for de­ velopment for commercial, industrial or residential purposes, and (

b) if the land is serviced by the owner or is to be ser­ viced by the owner on the requirement of the city, may, upon the application of the owner of the land, pass a by-law pursuant to this

section in respect of the land.

(2) Notwithstanding anything in this or any other Act, the by-law shall prescribe that twenty per cent of the fair actual value of each lot in the subdivision, exclusive of im­ provements thereon, shall be used as the assessment of such lot (

a) for the period prescribed by the by-law, not exceed- ing three years from the date of the application, or

Section 464, subsection (1) presently reads: "464.

(1) The co.uncil of a oiJty by bY-I}aw may in any yea.r ado.pIt the whole o.r any part of the assessment roH of the current year as the assessment fo.r taxatio.n purplOlSe,s :Ilor the succeeding year, but no such by-law shallJl be passed in mo.J'le than eight consecutivle years.". 24. SectiO'n 466 presently reads: "466.

The as'se,SrSlo.r o.f each c~ty shall, not laAter than the thirty-firslt day o.f Decembe,r in each year, make his a;slsels'sment of lands, bU'ildingis and improv'ements for Ithe purpose o.f taxa;tion ,In the next succeecUng year, and sha;H make up the assesment 1'1011 not Later than the first day of March o.f such succeeding year and t~e assessmeIlit rol'1 so made up shall be the assessment ro.Ll fo.r that y;ear.".

Section 468 is amended to' require the re-assessment of prO'­ perty to' be completed by October 31st rather than by December 31st.

Section 471, subsectiDn (1) which defines cer,tain terms in cDnnectiDn with the assessment Df railway prDperty is struck Dut as the

definitions are oDnsidered superfluous. 27. SectiDn 472, subsection (1) is amended to' correct an err Dr. 28. SectiDn 485, subsection (1) is amended to' cO'nfO'rm to sectiDns 466 and 468 as being lamended by olauses 24 and 25 O'f this Bill. 29. SectiDn 488, subsectiDn (1) is amended to' substitute the defined term "imprO'vements" fDr the expressiDn '~buHdin,gs, struc­ tures Dr fixtures". 30. A new subsection is added to' provide fDr the deferment of a local imprDvement levy where the cDuncil cDnsiders it proper to' dO' sO'. 31. Se'ction 602, subsectiDn (2) presently reads: "

(2) A specia,l a;ssessment .in relsp,ect of the 10cal improvement may be imposed by the co.uneiJ, either befoJ'le or after the Clost thereof baa been fully detennined.".

7 (

b) until the construction or erection of an improve­ ment is commenced on such lot, whichever first occurs.

(3) Only one by-law may be passed under this

section with respect to any land, regardless of any change in the ownership or any subdivision or re-subdivision of all or any part of that land.

Section 464, subsection (1) is amended by striking out the word "eight" and by substituting the word "six".

Section 466 is amended (

a) by striking out the word "December" and by sub­ stituting the word "October", (

b) by striking out the word "March" and by sub­ stituting the word" January".

Section 468 is amended by striking out the word "De­ cember" where it occurs in clauses (

a) and (

b) and by sub­ stituting the word "October".

Section 471 is amended by striking out subsection (1). 27. [Section 472, subsection (1) is amended by striking out the words "buildings are held" and by substituting the words "land is hel'd".

Section 485, subsection (1) is amended by striking out the wOl"<d "December" and by substituting the word "OctOiber" . 29. 8ection 488, subsection (1) is amended by striking out the words "buildings, structures or fixtures" and by substituting the word "improvements".

Section 578 is amended by adding the following sub­

section after subsection (1) : (la) A council may, by resolution, suspend and defer a special frontage or a special local benefit assessment for such period of time and on such terms and conditions as may seem proper.

Section 602 is amended by striking out subsection (2) and by substituting the following:

(2) A special assessment in respect of the local improve­ ment may be imposed by the council, either before or after the cost thereof has been finally determined but where a local improvement has been authorized but has not been constructed or installed, a parcel abutting on the proposed local improvement shall be subject to the special assessment

Section 617 is revised to make it clear that there is a right of ,complaint to the court of revision as well as a right of appeal thereafter to the Alberta Assessment Appeal Board.

Section 618 is amended for the same purpose as

section 617.

Section 623, subsection (1) presently reads: "623.

(1) The COUThcil, by by-'law, may aUJthorize the mayor and treasurer to' b.ol1I1ow, either before or after the pas1sing of the by-,law levying the taxe's for the current year, from any persO'n or bank such sums as the counClil deems necessary toO meet the curreIlit expenditures and ohLigations of the dty until the taxes levied or to be levied fur the year can be collected.".

Section 6915, subsection (1) presently reads: "695.

(1) Exoe,pt as otherwisle plr:ovided by th1,s Act, no action shall be brought against a city, its offiClials, employees or agents by reason of the death of or any injury to amy person or any injury to' tl}e p,roperty 'of any P,N'S'O'n arLsling out of any aocident aUeged to' be due to the neglig1ence of the cdty, its officia1:s, emplO'yees or agents aClting in the cO'uvse o:f the1ior en)'p'lioyment, unl,es's notice ,in wmilting .of tihe aociderut and the C1aUJse {'hereof has been served UPO'n the city cl,&k within sdx months O'f the happening of .the accident, and any actiO'n :!jor damages bvoug11].t in respeet thereof shan b€ commenced within one year after such l'Iight O'f acti'on has arisen, otherwise the right O'f actiO'n is barred and ,extingUli:shed." . 36.

Special provision ,to incorporate the Board of Governors of the Royal Alexandra Hospital in Edmonton.

8 in the first year that the local improvement was authorized and in the following years the special assessment shall be suspended and deferred, until the local improvement has been cons,tructed or installed.

Section 617 is struck out and the following

section is substituted: 617.

(1) There is, against every assessment made under the authority of any by-law passed respecting local improve­ ments, a right of complaint and appeal in the same manner and by the same procedure as nearly as possible as in the case of a complaint or an appeal from an ordinary assess­ ment, but a complaint or an appeal does not lie against the rates per foot fixed by by-law under sections 582 to 585.

(2) A complaint and an appeal under this

section may be made only once after the imposition of the special assess­ ment.

(3) Where on complaint to the court of revision or on appeal to the Alberta Assessment Appeal Board an assess­ ment is cancelled, altered or varied, the council or the Board shall amend the by-l,aw accordingly and the assessment so a'lftered or varied shall be substituted for the original assess­ ment.

Section 618 is amended by adding immediately after the words "Subject to the right of" the words "complaint and".

Section 623, subsection (1) is amended by striking out the words "or to be levied".

Section 695, subsection (1) is amended by striking out the words "except as otherwise provided by this Act," and by substituting the words and figures "Subject to sec- tions 697 and 698,".

Section 743 is amended by adding the following sub­

section after subsection (2) :

(3) The Board of Governors of the Royal Alex~ndra Hospital established by By-law No. 2255 of the CIty of Edmonton passed November 21, 1961, as authorized by

section 337 of this Act, is her~by declared to be, and to have been since its inception, a body corporate under the name of the Royal Alexandra Board of Goyernors, and,. with~ut in any way restricting the powers It may exerCIse, W1th power to (

a) operate the Royal Alexandra Hospital mentioned in

9 37. Commeneement of Act.

9 the By-law, and any addition or modification there­ to, for the care and treatment of persons suffering illness, injury or disability for which active treat­ ment hospital care is required or is proper, and (

b) carry on educational activities and provide educa­ tional facilities related to the care and treatment of persons suffering illness, injury or disability or relating to the promotion of health and in particular, ibut not so as to restrict the generality of the fore­ going, conduct a school of nursing. 37. This Act comes into force on the day upon which it is assented to and upon so coming into force (

a) clause (

c) of

section 2 shall be deemed to have been in force at all times on and after the thirtieth day of December, 1962, and (

b) sections 30 and 31 shall be deemed to have been in force at all times on and after the first day of January, 19'63.

No. 63 FIFTH SESSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL

An Act to amend The City Act Received and read the First time ................ . Second time ............ . Third Time ................ . HON. MR. HOOKE Title: 1963 (14th, 5th) Bill 63,

An Act to amend The City Act