Bill 73 — Third Session, 16Th Legislature, 19 Elizabeth Ii the Legislative Assembly of Alberta Bill 73 An Act Respecting Housing In Alberta (Legislature 16, Session 3)

L16 S3 4765

Alberta — Bills

1970 Bill 73 Third Session, 16th Legislature, 19 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 73

An Act respecting Housing in Alberta THE MINISTER OF MUNICIPAL AFFAIRS First Reading ............... ;..... . ....... . Second Reading. . . . . . . . . . . . . . .. . . ........ . Third Reading .............................. .

BILL 73 1970

An Act respecting Housing in Alberta (Assented to , 1970) HER I\IAJESTY, 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 Alberta Housing Act, 1970. 2.

In this Act, (a) "Canada corporation" means the Central !'.lortgage and Housing Corporation; (b) "Corporation" means the Alberta Housing Corpor ation; (c) "federal Act" means the National Housing Act, 1954 (Canada) as amended from time to time; (d) "housing unit" means a unit that provides therein living, sleeping, eating, food preparation and sani tary facilities for one or more persons, with or without essential facilities shared with other hous~ ing units; (e) ":Minister" means the member of the Executive Council charged with the administration of this Act; (f) "municipality" means a city, town, new town, vil age, county, municipal district, improvement dis trict or special area; (g) "public housing project" means a project, together with the land on which it is situated, consisting of housing units in the form of detached, semi detached, row housing, apartments or of the hostel or dormitory type or any combination or form thereof undertaken to provide decent,. safe a.nd sanitary housing accommodation in complIance wIth standards approved by the Gove:n~e!lt of Alberta for lease or sale to families or IndIvIduals of low income.

Explanatory Notes I. This Bill will repeal

chapter 44 of the Statutes of Alberta, 1968 and replace it with a new Act designed to more clearly establish. the contributions of the Alberta Housing Corporation in dealing with the many facets of housing problems within the Province and to more accurately reflect the present emphasis on solving particu lar significant problems. 2.

Definitions.

(1) The Alberta Housing and Urban Renewal Corpor ation, as heretofore constituted, is continued as a corpor ation with the name of the Alberta Housing Corporation and with the objects and powers given it by this Act.

(2) The Corporation is an agent of the Crown in right of Alberta and its powers may only be exercised as an agent of the Crown. 4.

(1) The objects of the Corporation are to carry out any of the duties and functions provide~ for by this Act and such other duties and functions related to any program of housing or urban dev'elopment as may be assigned to it by the Lieutenant Governor in Council.

(2) Without restricting the generality of subsection (1), the Corporation may undertake, carry to completion or assist in the provision, development, maintenance and man agement of housing (

a) generally, or (

b) for.middle and low income families and individuals, or (

c) for employees of the Government of Alberta, or (

d) for students, or (

e) for senior citizens, or (

I) for families and individuals receiving social allow ances or social assistance. 5.

(1) The affairs of the Corporation shall be conducted by a Board of Directors which shall consist of (

a) the Minister as chairman, (

b) the Deputy Minister of Municipal Affairs and the Executive Director of the Corporation as members, and (

c) other members to be appointed by the Lieutenant Governor in Council and to hold office during his pleasure.

(2) In the case of the Minister's inability to act, the Board of Directors may, by resolution, appoint allY member to be the acting chairman in the absence of the Minister.

(3) A majority of the Board constitutes a quorum.

(4) At its meetings, the Board of Directors may exer cise any of its powers by resolution except where some other mode of exercising any power is prescribed in this Act.

(5) A member of the Board of Directors, except the Executive Director, Deputy Minister of Municipal Affairs and the Minister, shall receive such remuneration for their services as directors as is prescribed by the Lieutenant Governor in Council. 2

3. Continuation of Alberta Housing and Urban Renewal Corpor ation under a new name. 4. Objects of Corporation. 5. Board of Directors. 2

(1) The Corporation (

a) may appoint such employees as it considers neces sary, and (

b) shall fix the salaries or remuneration of its em ployees and define their duties.

(2) The appointment of an employee is during the pleasure of the Corporation, unless otherwise agreed with the employee.

(3) The Public Service Pension Act applies mutatis mutandis to the employees of the Corporation as if they were employees of the Government.

(4) The Corporation may appoint one or more experts or persons having special technical knowledge to inquire into and report in respect of any matter which the Corporation considers necessary to. have information for the proper carrying out of its duties under this Act and may pay such remuneration as considere~ suitable by the Corporation. 7.

(1) The Lieutenant Governor in Council may make rules in respect of the general conduct and operation of the Corporation.

(2) A rule made pursuant to this

section is not a regu lation within the meaning of The Regulations Act. 8. In addition to the powers vested in a corporation by

section 14 of The Inte'tpretation Act, 195:-':, the Corporation may: 1. acquire, hold and alienate real or personal property; 2. undertake to develop lands with roads, streets, side walks, water and sewer and other municipal facil ities, either alone or in conjunction with municipal ities; 3. aJrninister, manage and maintain prOI) 3"!:tie:.. ~ 4. make grants or loans for the purpose of acquiring, constructing or improving housing; 5. make grants or loans to municipalities for any of the purposes of

section 31; 6. guarantee the repayment of any loans; 7. establish a mortgage insurance fund or any other fund as it considers necessary; 8. establish an administration fee or any other fee for any of its services or programs as it considers necessary; 9. carry out any other program that is assigned to it by the Lieutenant Governor in Council; 10. enter into any agreement to carry out the intent tracllfllTPose oj th1.s A.ct ~

6. Employees of Corporation. 7. Rules governing operation of Corporation. 8. General powers of Corporation. 3

11. carry out any of the duties and functions provided for by this Act and any duties and functions related to any program of housing and urban development. 9.

(1) Subject to the approval of the Lieutenant Governor in Council, the Corporation may, from time to time, borrow such sums of money as the Corporation requires for the purposes of the Corporation, and may from time to time issue notes, bonds, debentures or other securities which (

a) shall bear interest at such rate or rates as may be determined by the Corporation, (

b) shall be in such denomination or denominations as may be determined by the Corporation, (

c) shall be payable as to principal and interest' (

i) in such currency or currencies of such coun ~y or countries, (ii) at such place or places, (iii) at such time or times, and (iv) in such manner, as may be determined by the Corporation, (

d) may be redeemable or payable in whole or in pa'rt in advance of maturity either at the option of the Corporation or on demand of the holder thereof (

i) at any time or times, (ii) on such terms, and (iii) at such price or prices, either with or without payment of a premium, as may be determined by the Corporation, and (

e) may be issued in such amounts as will realize the net sum required by the Corporation for the pur poses of the Corporation . .

(2) Where the authorizing resolution of the Corpor at~on made under subsection (1) contains a recital or declar atIOn that the amount of the notes, bonds, debentures or other securities authorized by the resolution is necessary to realize the net sum required for the purposes of the Corporation, the recital or declaration is conclusive proof of the facts stated therein. .

(3) Subject to the approval of the Lieuten~nt <?overnor In Council, the Corporation may sell or otherw~s.e dIspose of any notes, bonds, debentures or other se~unbes ?n such terms and conditions as it considel's advIsable, eIther at the par value thereof or at less or more than the par :ra1ue ~t-~J!d may charge, pledge, hypothecate, .deposit or d eo l 1Vjf.~ 'H,,;;--~ppl1rlHfl~ a~ collateral seCttnty.

9. Authority of Corporation to borrow and issue debentures.

(4) Any notes, bonds, debentures or other securities and the coupons, if any, attached thereto shall be in such form and shall be executed in such manner and by such persons as may be determined by the Corporation. 10.

(1) Subject to the approval of the Lieutenant Gov ernor in Council, the Corporation may for the purposes of the Corporation, borrow by ,vay of temporary loans from time to time such sums and upon such terms as the Cor poration determines and may effect the loans by way of an overdraft or line of credit or by the pledging as security for such temporary loans of notes, bonds, debentures or other securities of the Corporation pending the sale thereof or in lieu of selling them, or in such other manner as the Cor poration determines.

(2) Any cheques, promissory notes or other instruments that may be necessary or desirable in connection with the borrowing of money and the obtaining of advances by way of a temporary loan under subsection (1) may be executed in such manner as the Corporation determines. 11. In sections 9 and 10, "purposes of the Corporation" include (

a) the carrying out by the Corporation of the powers and duties given to it by or pursuant to this or any other Act and (

i) the provision in whole or in part for expendi tures made or to be made by the Corporation in connection with the carrying out of those powers and duties, and (ii) the reimbursement of the Corporation for the whole or any part of any expenditures made or to be made by the Corporation in connection with the carrying out of those powers and duties, (

b) the repayment of sums advanced or paid over to the Corporation pursuant to

section 17, (

c) the payment, refunding or renewal from time to time of the whole or any part of any loan raised or the notes, bonds, debentures or other 8ecurities issued by the Corporation, and (

d) the payment of any other liability or indebtednesg of the Corporation. 12.

(1) The Corporation may borrow from the Canada corporation for any of the purposes mentioned in this Act or the federal Act on such terms and conditions as the Lieutenant Governor in Council considers proper. S

10. Temporary loans. II. "Purposes of Corporation" defined. 12. Loans from Canada corporation. 5

(2) A municipality, with the approval of the Corporation, may borrow from the Canada corporation for any of the purposes mentioned in this Act or the federal Act on such terms and conditions as the Lieutenant Governor in Council considers proper.

(3) The Corporation and a municipality, with the ap proval of the Corporation, may receive contributions avail able under

section 35E of the federal Act. 13.

(1) The repayment of principal and interest of any borrowings by the Corporation and the principal and inter est of, and any premiums payable under, any notes, bonds, mortgages, debentures or other securities issued by the Cor poration, whether· issued before or after the coming into force of this subsection, are hereby guaranteed by the Gov ernment of Alberta.

(2) The guarantee, in such form and manner as the Lieu tenant Governor in Council approves, may be endorsed upon any notes, bonds, debentures or other securities issued by the Corporation and may be signed on behalf of the Gov ernment of Alberta by the Provincial Treasurer, the Deputy Provincial Treasurer or by such other person as the Lieu tenant Governor in Council may designate.

(3) The signature of the Provincial Treasurer, the De puty Provincial Treasurer or the person designated by the Lieutenant Governor in Council, upon the guarantee is conclusive proof that the relevant provisions of the Act have been complied with.

(4) Where in respect of any notes, bonds, debentures or other securities issued by the Corporation it becomes neces sary or desirable under the terms of any guarantee given on behalf of the Government of Alberta to make payment under the guarantee, the payment may be made upon the order of the Lieutenant Governor in Council (

a) out of the General Revenue Fund, without further uppropriation, or (

b) from the proceeds of any loan made by the Govern ment of Alberta or the sale of securities owned by the Government of Alberta. 14.

(1) The seal of the Corporation on any notes, bonds, debentures or other securities of the Corporation and the signature of 6 (

a) any person authorized by the Corporation to ex ecute the notes, bonds, debentures or other secur ities or any coupon attached thereto, or (

b) the Provincial Treasurer, the Deputy Provincial Treasurer or the person designated by the Lieuten-

13. Provincial guarantee of Corporation securities. 14. Seal and signatures on securities.

ant Governor in Council to sign a guarantee that is endorsed on the notes, bonds, debentures or other sec uri ties, may be engraved, lithographed, printed or otherwise re produced on the notes, bonds, debentures. or other securities of the Corporation and on the guarantee endorsed thereon.

(2) The reproduced signature of any person referred to in subsection (1) is for all purposes deemed to be the sig nature of that person and is binding on the Corporation and the Government of Alberta notwithstanding that the per son whose signature is reproduced did not hold office at the date of the notes, bonds, debentures or other securities or at the date of delivery thereof. 15.

Subject to the approval of the Lieutenant Governor in Council, the Corporation has power to provide for the creation, management and application of sinking funds or other means of securing the repayment of any loan raised or notes, bonds, debentures or other securities issued by the Corporation, including the redemption by call of any such securities issued subj ect to redemption in advance of maturity. 16.

(1) The Corporation may, from time to time, invest all or any portion of an insurance, sinking fund or any other fund not presently required, (

a) in debentures or securities of the Government of Alberta, of the Government of Canada or of any of the provinces of Canada, or (

b) in any debentures or securities the payment of which is· guaranteed by the Government of Alberta, the Government of Canada or any of the provinces, or (

c) in debentures of any municipality, and ma~r afterwards, whenever required to meet expendi ture, dispose of any of the investments in such mailner, on such terms and in such amounts as may be necessary or expedient.

(2) At the date of maturity of any loan of the Corpor ation, such portion of the moneys so set aside as the Cor poration considers proper may be used for retiring the loan, in whole or in part, if any funds that exist in the sinking fund for that purpose are first so used. 17.

(1) Notwithstanding the provisions of The Pinancia.l Administration Act, the Provincial Treasurer shall, on the direction of the Lieutenant Governor in Council and at the request of the Corporation, advance to the Corporation out 7

15. Sinking fund. 16. Reserve fund. 17. Advances and grants to Corporation. .7

of the General Revenue Fund such sums of money as are required for the operational and capital costs of the Cor poration.

(2) At the end of the fiscal year of the Corporation, the Provincial Treasurer on the direction of the Lieutenant Governor in Council shall, out of the General Revenue Fund, make a grant to the Corporation equal to the deficit as shown on the audited financial statement.

(3) The fiscal year of the Corporation shall be Janu ary 1 to December 31. 18. The Provincial Auditor or his nominee shall audit the books of the Corporation from time to time and at least once every year audit the receipts and expenditures of the Corporation. 19.

(1) The Corporation shall annually, after the end of its fiscal year, prepare a report showing the revenues, expenditures and activities during its last fiscal year, to gether with (

a) financial statements audited· by the Provincial Audi tor or his nominee, and (

b) such other information as the Lieutenant Governor in Council may require.

(2) The Minister shall table a copy of the report at the next ensuing session of the Legislative Assembly. Housing Projects 20.

(1) The Corporation or a municipality with the approva: 01 the Corporation may undertake, carry to com pletion, maintain, operate, and lease or sell a public housing project.

(2) For the purposes of this section, the Corporation or a municipality with the approval of the Corporation may (

a) acquire and develop land for public housing pro jects, (

b) construct public housing proj ects, (

c) acquire, improve and convert existing buildings for a public housing proj ect, and (

d) enter into agreements for the development or man- agement of public housing projects, and may exercise any other power to do any other thing that m~e reauired to be exercised or done for the pur "'1'\~VA.nrOl P.P.T..

18. Audit of Corporation's affairs. 19. Annual report. 20. Public housing projects. 8

(1) The Corporation n1ay enter into agreements with (

a) the Government of Canada, (

b) the Canada corporation, (

c) any municipality, and (

d) any housing authority established under

section 41, or any combination of them, to undertake projects of a type mentioned in

Part VI of the federal Act.

(2) With the approval of the Corporation, a municipality may enter into agreements with (

a) the Government of Canada, (

b) the Canada corporation, (

c) the Government of Alberta or any agency thereof, and (

d) any housing authority established under

section 41, or any combination of them, to undertake projects of a type mentioned in

Part VI of the federal Act.

(3) A housing authority established under section· 41 may, with the approval of the Corporation, enter into agreements with any municipality for the management, operation, maintenance and the administration of public housing projects undertaken pursuant to

Part VI of the federal Act. 22. When the Corporation enters into an agreement with the Government of Canada under

section 35A of the federal Act, the Corporation (

a) shall pay 25 per cent of the capital cost, (

b) may require the municipality to reimburse to the Corporation up to 10 per cent of the capital cost, and (

c) may, in respect of the profits and losses, share with the municipality in the same proportions as their net contributions under clauses (

a) and (b). 23.

(1) When the Corporation or a municipality enters into an agreement with the Canada corporation under sec tion 35E of the federal Act, the Corporation may pay 50 per cent of the annual operating losses and r.12y 1 €;quire the municipality to pay to the Coroporation up to 10 per cent thereof.

(2) The contributions shall be made for a period not exceeding the useful life of the project as determined by the Corporation and in any case not exceeding 50 years froni the date of completion of the project.

(3) The date of completion of the project shall mean the last day of the calendar year in which the construction or acquisition and rehabilitation of the project has in the opinion of the Corporation been substantially completed. 9

21. Agreements for projects under

Part VI of the federal Act. 22. Cost-sharing. 23. Operating losses. 9

(1) The Corporation may undertake a senior citizen housing proj ect.

(2) For the purposes of this section, the Corporation may (

a) acquire, assemble and develop land, (

b) design and construct senior citizen housing accom- modation, . (

c) acquire, improve or convert existing buildings for senior citizen housing accommodation, (

d) administer, manage and maintain senior citizen accommodation, (

e) borrow any money required for a proj ect, and (

I) sell, lease or dispose of any senior citizen accommo dation or proj ect.

(3) The Corporation with the approval of the Lieuten ant Governor in Council may enter into agreements with non-profit organizations or senior citizen foundations for (

a) the development of senior citizen housing projects, and (

b) the provision of a grant towards the total capital cost of a proj ect.

(4) In this section, (a) "non-profit organization" means an organization wholly owned by the Government of Alberta, by a municipality or any agency thereof, or an organiza tion constituted exclusively for charitable or bene volent purposes, no part of the income of which is payable to or otherwise available for personal bene fit of any proprietor, member or shareholder; (b) "senior citizen foundation" means a foundation established under The H01nes for the Aged Act. 25.

(1) The Corporation may undertake and carry to completion housing for families and individuals receiving social allowances or social assistance.

(2) For the purpose of this section, the Corporation may 10 (

a) acquire, assemble and develop land, (

b) design and construct housing units, (

c) administer, manage and maintain housing units, (

d) borrow any money required for the housing units, (

e) acquire, convert or improve existing housing for that purpose, and

24. Homes' for the aged. 25. Welfare housing. 10

(

I) sell, lease or otherwise dispose of any housing, for families or individuals receiving social allowances or social assistance. 26.

(1) The Corporation may undertake and carry to completion staff housing projects.

(2) For the purpose of this section, the Corporation may (

a) acquire, assemble and develop land, (

b) design and construct staff housing units, (

c) acquire, improve or convert existing buildings for staff housing purposes, (

d) administer, manage and maintain staff housing units, (

e) borrow any money required for staff housing, and (

f) sell, lease or dispose of any staff housing units.

(3) In this

section "staff housing" means housing accom modation intended for employees of the Government of Al berta or any agency thereof. 27.

(1) Where the Corporation enters into an agreement with the Government of Canada under

section 35A of the federal Act and with a co-operative association to under take a co-operative housing project, the Corporation may bear not more than 25 per cent of the capital costs of the project on such terms as to security and payment as the Corporation considers proper.

(2) In this

section "co-operative housing project" means a housing project built by a co-operative association incor porated under the laws of Alberta. 28.

(1) The Corporation may borrow any funds required by the Government of Alberta for the development of stu dent housing proj ects.

(2) Any funds provided by this

section to the Govern ment of Alberta shall be repaid to the Corporation on such terms as agreed upon between the Government of Alberta and the Corporation. 29. With the approval of the Lieutenant Governor in Council and upon such conditions as he nlay prescribe, the Corporation and a municipality may jointly guarantee the repayment of principal and interest on all or part of a borrowing made by a person for the private development of a housing proj ect. "

26. Housing for Government employees. - 27. Co-operative housing projects. 28. Student housing projects. 29. Joint guarantees. 11

Housing Loans 30. Where, in the opinion of the Corporation, sufficient money is not being made available by lending institutions or the Canada corporation for housing purposes, the Cor poration may make (

a) home improvement loans, and (

b) loans for new construction or the purchase of exist ing housing accommodation, upon the terms and conditions prescribed by the regulations. Land Assembly and Development Projects 31..

(1) The Corporation or a municipality with the ap proval of the Corporation may undertake and carry to com pletion a land assembly proj ect or land development proj ect.

(2) For the purposes of this

section the Corporation J or a municipality with the approval of the Corporation, may (

a) acquire, assemble,· service and develop land or do any of them, (

b) lease, sell or otherwise dispose of any land acquired, assembled or developed under a land assembly or land development proj ect, and (

c) construct or acquire housing units of any form or type for lease or sale in conjunction with a land assembly or land development project or separately therefrom, and may exercise any other power to do any other thing that may be required to be exercised or done for the pur poses of this section. 32.

(1) The Corporation may enter into an agreement with any I)ne or more of (

a) the Government of Alberta, (

b) any municipality, (

c) the Canada corporation, and (

d) the Government of Canada for the Joint undertaking of a project under

section 31.

(2) A municipality, with the approval of the Corpor- ation, may enter into agreement with anyone or more of (

a) the Corporation, (

b) the Government of Alberta, (

e) the Canada corporation, and (

d) the Government of Canada for the joint undertaking of a project under

section 31.

30. Loans to acquire and improve homes. 31. Land assembly and land development projects. 32. Joint assembly or development projects. 12

33. A municipality may, by by-lu,v, borrow such moneys as are necessary to enable it to develop and implement an approved proj ect under

section 31, and to secure the moneys borrowed (

a) the municipality may issue debentures as provided in The ]l;lzwicipal Govenunent Act, except that the by-law authorizing the borrowing does not require the assent of the proprietary electors, or (

b) the municipality may nl0rtgage the land held for the project, in "which case it need not issue deben tures notwithstanding anything contained in its governing municipal Act. Urban Renewal Schemes 34.

(1) The Corporation or a municipality, with the approval of the Corporation, may enter into agreements with (

a) the Government of Canada, (

b) the Canada corporation, and (

c) the Government of Alberta or any agency thereof, or any combination of them for the preparation and imple mentation of urban renewal schemes.

(2) Before entering into any agreement for the carrying out of an urban renewal scheme, a municipality shall cause notice to be published once a week for two consecutive weeks preceding the presentation of the agreement to the council in a newspaper having a general circulation in the munici pality and the notice shall state (

a) the purpose of the proposed agreement and a gen eral description of the area affected, (

b) that a copy of the proposed agreement is on file in the office of the secretary of the municipality and may be inspected by the public during business hours, (

c) the time and place at which the cou:"1~il w!l1 hold a public hearing on the proposed urban renewal scheme, which shall not be less than 10 days after the last publication of the official notice, and (

d) the procedure to be followed by persons who wish to submit representations concerning the proposed urban renewal scheme.

(3) The council may, by resolution passed before the first publication of the notice, prescribe the procedure to be followed by persons who wish to submit representations concerning the proposed urban renewal scheme and, with out restricting the generality of the foregoing, may 13

33. Municipal borrowing for project under

section 31. 34. Urban renewal agreements. 13

(

a) require the submission of written representations to the council prior to the hearing, and (

b) regulate the presentation of oral submissions at the hearing.

(4) The council shall hold a public hearing at the time and place stated in the notice and at that hearing shall, subject to subsection (3), hear any person who wishes to make representations concerning the manner in which any provision of the proposed agreement may affect him or any owner of land whom he represents or the public at large or any local group of residents or property owners.

(5) The council shall give due consideration to the recom mendations, if any, of its departments or of consultants retained by it and representations made at the public hear ing or submitted in writing pursuant to subsection (3), clause (

a) and make a ruling thereon. 35.

(1) A municipality, with the approval of the Cor poration, may prepare and implement an urban renewal scheme for a blighted or substandard area of the muni cipality.

(2) Without restricting the powers it has under its gov erning municipal Act and The Planning Act, a municipality, for the purposes of carrying out an approved urban renewal scheme, may (

a) acquire, clear, service and develop land within the urban rene-fyval area, (

b) demolish, remove, replace, renovate, repa!r and maintain buildings and other improvements owned or acquired by it in the urban renewal area, (

c) sell, lease or otherwise alienate property in the urban renewal area, (

d) provide assistance by grant or loans to the owners of property in the urban renewal area for the reno vation or repair of that property nn suc~ terms as to security and repayment as the municipality considers just, (

e) assist the relocation of persons dispossessed of housing accommodation by the scheme, and (

f) exercise any other power or do a~y act or thing that may be required to be exercised or done in order to carry out the urban renewal scheme. 36.

(1) Where the Corporation enters into an agreement with a municipality or the Canada corporation, the Cor poration may pay up to 50 per cent and may require the municipality to pay the remainder of the share that is not paid by the Canada corporation of 14

35. Municipal powers of urban renewal. 36. Cost-sharing. 14

(

a) the cost of the preparation of an urban renewal scheme, including the cost of all economic, social and engineering research and planning necessary there for, and (

b) the costs of implementing an urban renewal scheme, including the acquisition, clearing, denlolition and disposition of lands and buildings and the installa tion of municipal services and works, other than public buildings, in the urban renewal area.

(2) Every agreement entered into with a municipality under this

section shall provide that the municipality will pay the Corporation in the same proportion as provided for in subsection (1) of the share that is not paid to the Canada corporation of (

a) any moneys received by the municipality from the sale, lease or other disposition of land in the urban renewal area, and (

b) the value, as determined in the manner' provided in the agreement, of land in the urban renewal area retained by the municipality for public purposes. 37.

(1) A municipality may, by by-law, borrow such moneys as are necessary to enable it to prepare and imple ment an urban renewal scheme, and to secure the moneys borrowed (

a) the municipality may issue debentures as provided in The Municipal Government Act, except that the by-law authorizing the borrowing does not require the assent of the proprietary electors, or (

b) the municipality may mortgage the lands in the urban renewal area that are held by it for the pur poses of the scheme, in which case it need not issue debentures notwithstanding anything contained in its governing municipal Act.

(2) The Government of Alberta may, (a) 'with the approval of, and (

b) in t.he manner prescribed by, the Lieutenant Governor in Council, guarantee any deben tures issued by a municipality for its share of the cost of preparing and implementing an urban renewal scheme. Acquisition of Land 38. Land may be acquired by the Governnlent of Alberta or the Corporation for any of the purposes provided by this Act by purchase, expropriation or otherwise and it may be acquired before it is actually needed for and in anticipa tion of any project or scheme mentioned in this Act. 15

37. Municipal borrowing for urban renewal. 38. Acquisition by Government or by Corporation. lS

(1) Land may be acquired by a municipality under sections 20, 31 and 35 by purchase, expropriation or other wise and it may be acquired before it is actually needed for and in anticipation of any project or scheme mentioned in this Act.

(2) The powers mentioned in this

section and in sections 20, 31 and 35 shall be exercised subject to such conditions and restrictions as the Lieutenant Governor in Gouncil may prescribe.

(3) A municipality may delegate to a committee estab lished by the council the authority to enter into agreements on behalf of the council for the acquisition by purchase of any land within an approved urban renewal area. 40. Where a municipality desires to expropriate land for the purpose of implementing an urban renewal scheme being undertaken pursuant to

section 34, the municipality may make a commitment to dispose of land before it has acquired it and in acquiring the land by expropriation it is not required to notify the owner that he is entitled to make representations in accordance with

section 24, subsection (2), clause (

I) of The Expropriation Procedu're Act and the council is not required to have regard to any of the matters referred to in

section 25, subsection (1) of The Expro priation Procedure Act before enacting a by-law author izing the expropriation of land required for that purpose. General 41.

(1) For the purposes of carrying out agreements entered into pursuant to

section 21, the 1finister may, by order, incorporate housing authorities consisting of such number of persons as he determines.

(2) The Minister shall appoint the members of a hous ing at...thority to hold office during pleasure 0T for such term as he determines and shall designate one of them to be chair man.

(3) The Minister may vest in a housing authority such powers, functions and duties as he considers necessary or advisable to carry out any agreement, including the power to acquire, operate and maintain housing projects and housing accommodation. 4.2. With respect to improvement districts and special areas, the Minister may exercise all the powers given a municipality by this Act. 43.

(1) Any agreement that may be entered into by the Corporation under this Act may be entered into by the Gov ernment of Alberta.

39. Acquisition by municipalities. 40. Expropriation for urban renewal schemes. 41. Housing authorities. 42. Improvement districts and special areas. 43. Agreements and approvals. 16

(2) Any approval that is to be given by the Government of Alberta under this Act or the federal Act may be given by the Corporation. 44. The Lieutenant Governor in Council ill:." '.' make such regulations as he considers necessary or advisable for the purpose of (

a) giving effect to this Act according to its true intent, (

b) covering any situation which arises and for which no specific provision is made by this Act, and (

c) authorizing or prohibiting a municipality from do ing any act or thing he considers expedient in order to avoid undue delay or other problems in the imple mentation or operation of any scheme or proj ect authorized under this Act. 45.

(1) The Local Authorities Board Act is amended as to

section 70, subsection (2) by striking out the figures "1968" and by substituting the figures "1970".

(2) The figures ", 1970" are inserted after the words "The Alberta Housing Act" wherever they occur in the fol lowing enactments: (

a) section 130, subsection (2) of The Municipal Gov ernment Act; (

b) section 2, clause (

d) of The Jl;Iunicipal Land Loans Act. 46. The Alberta HOllsing Act, 1968 is hereby repealed. 47. This Act comes into force on the day upon which it is assented to. 17

44. Regulations. 45. Consequential amendments. 46.

Chapter 44 of the Statutes of Alberta, 1968 is repealed. 17 Title: 1970 (16th, 3rd) Bill 73,

An Act respecting Housing in Alberta

Document details

Collection	Alberta — Bills
Citation	L16 S3 4765
Type	bill
Volume / chapter	L16 S3 4765
Language	en
Format	json
Source	PROVINCIAL
Identifier	740d00e305d137a97538005f31fcae3944670111

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