Bill 41 (Legislature 7, Session 4)

L7 S4 8629

Alberta — Bills

Bill No. 41 of 1934. A BILL RESPECTING THE LIABILITY OF MUNICI P ALITIES FOR UNEMPLOYMENT AND OTHER RELIEF. NOTE. This Bill provides for the reference to a Judge of the Supreme Court by the Minister of the question of the resi dence of any recipient of relief when the liability to provide or pay for the relief depends on the residence of the re cipient.

Section 6 of the Bill provides for the recovery by suit of the cost of relief provided by the Province or a municipality to a person for whom some other municipality is liable. R. ANDREW SMITH, Legislative Counsel. (This note does not f01'1n any ]JCLrt of the Bill and is ojJe1'ed merely (~s a pnrtial expZcwntion of some of its ]Jrovisions.)

BILL No. 41 of 1934.

An Act respecting the Liability of MunIcipalities for Unemployment and other Relief. ( Assented to 1.934.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Relief LiCibility Act." 2.

In this Act, unless the context requires a contrary meaning- (a) "Minister" means the member of the Executive Council for the time being charged with the admin istration of unemployment relief; (b·) "Municipality" means any city, town, village, muni cipal district or improvement district; (c) "Relief" means any assistance, whether in money, goods or services, which a municipality is under an obligation to provide in respect of any person in necessitous circumstances by reason of unemploy ment, or in respect of any indigent person by virtue of any Act of the Province or of any subsisting agreement for the time being in force made pursuant to any Act of the Province respecting relief. 3.-

(1) The Minister may by order in writing refer to the Supreme Court of Alberta for determination any ques tion that may arise within six months next after the time at which any person first receives relief as to the residence at any time or times or during any period or periods of time of that person, so far as the place of residence of that person at any time or times or during any period or periods of time is material to the determination of the liability of the Gov ernment and any municipality, either jointly or severally, for the payment of the costs of that relief.

(2) The Minister may order a question to be so referred either upon his own motion or upon the receipt of an appli cation in writing by any party to the disp.ut~.

(3) Upon the delivery of an order of the Minister made in pursuance of this section, to the Clerk of the Supreme Court at Edmonton or Calgary, the Clerk shall apply to a judge of the Supreme Court for directions as to the day upon which the question :may be heard, the notice thereof to be

given to any parties, and the parties to be served therewith; and thereupon the Clerk shall proceed to send by mail a notice of the hearing in Form A in the

schedule to this Act in accordance with the directions of the judge. 4.

Upon the day fixed for the hearing or at any adjourn ment thereof the judge who gave the directions or any other judge of the Supreme Court acting in his stead, shall proceed to the hearing of the question and after hearing such evi dence taken in such manner as he may deem proper, whether under oath or not and whether by parol or affidavit, may make an order declaring the place or places at which or within which the person in receipt .of or entitled to relief during any time or times or any period or periods of time material for the purpose of determining the liability of the Government and of any municipality, either jointly or sev erally, for the cost of providing that person with relief. 5.

Every order of a judge pursuant to this Act shall be binding and conclusive upon every party served with notice of the hearing. 6.

In case relief has been provided by the Province or a municipality to any person and a municipality or another municipality, as the case may be, is under a liability to pro vide relief for that person, either wholly or in part, the Province or municipality, as the case may be, shall be en titled to recover by action from the municipality liable for the cost of the relief or the part thereof for which that muni cipality is liable, and in any action so brought an order made under this Act shall be accepted as conclusive evidence of the matters set forth therein. 7.

After the making of an order by a judge pursuant to this Act as to the residence of any person entitled to or in receipt of relief, the municipality which is by reason of the residence of that person as declared. in the order liable to provide that relief may by notice in writing require the per son in receipt thereof or entitled thereto, not being a person who is an inmate of a hospital or an institution, to return to and take up his abode and continue to reside in that muni cipality, and if he does not comply with that requirement within thirty days after written notice thereof has been given him, having been previously furnished with reasonable facilities for transportation for that purpose, the right of that person to receive relief shall. be .suspended until such time as he complies with the requirement. 8.

This Act shall come into force on the day upon which it is assented to,

NO,41. FOURTH SESSION SEVENTH LEGISLATURE 24 GEORGE V 1934 BILL

An Act respecting the Liability of Municipalities for Unemployment and other Relief. Received and read the First time ...................................... . Second \-11111:: ............... . Third \-llllt: ........................................................... . HON. MR. MCPHERSON. EDMONTON: w. D. McLEAN, KING'S PRINTER 1934 Title: 1934 (7th, 4th) Bill 41,

An Act respecting the Liability of Municipalities for Unemployment and other Relief

Document details

Collection	Alberta — Bills
Citation	L7 S4 8629
Type	bill
Volume / chapter	L7 S4 8629
Language	en
Format	json
Source	PROVINCIAL
Identifier	7058c2367ce37867800a006cc2722ecb73a57875

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