Bill 65 (Legislature 10, Session 1)

L10 S1 7590

Alberta — Bills

Bill No.. 65 Qf 1945. A BILL TO AMEND THE TOWN AND VILLAGE ACT NOTE. SectiQn 1 o.f this Bill amends sectiQn 2 Qf the Act. A new definitiQn o.f ",cQnditi'Onal 'Owner" is introduced in this Act and the 'Other municipal Acts. This sectio.n also. intrQduces a new definitiQn Qf "pro.prietary elector". The change in the definitiQn prQvides that where several perSQns who. are nQn residents 'Own Qne IQt Qnly Qne Qf them can vQte as a pro prietaryelector. SectiQn 44 Qf the Act, which is amended by sectiQn 4 Qf the Bill, deals with the qualificati'Ons Qf cQuncillQrs. The change made by paragraph (

a) is that !a candidate must be able to. read and write English and no.t merely to. read and write as it is nQW in the Act. Paragraphs (

f) and (

g) simplify the provisi'Ons as to. the qualificatiQns by reaSQn 'Of being assessed. SectiQn 5 'Of the Bill amends sectiQn 50 Qf the Act dealing with a general electiQn in a tQwn where casual vacancies have to. be filled as well as the regular vacancies. The Act nQW pr'Ovides fQr the casual vacancies being filled by thQse receiving the IQwer number Qf vQtes but no. prQvisi'On was made where there was no. cQntest. The prQvis'O to. subsectiQn

(2) Qf sectiQn 50 supplies this Qmissio.n.

Section 6 Qf the Bill supplies the same 'OmissiQn with respect to. a general electiQn in a viUage. Secti'On 102 Qf the Act, which is amended by sectiQn 7 Qf the Bill, deals with the qualificatiQns Qf vQters at the first election in a village, befo.re there is a vQters' list. The amend ment in ,subsectiQn (2) incQrpQrates the provisiQns 'Of secti'On 105 o.f ,the Act which is repealed. SectiQn 103 Qf the Act, which is amended by sectiQn 8 Qf the Bill, deals with the perSQns entitled to. vote in a village after a vQters' list has been co.mpleted.

The new sectiQn extends the franchise to. all perSQns Qf the age 'Of twenty-Qne years who. are British subjects and have resided in the village fQr six mQnths priQr to. the last day Qf September Qf the previ'Ous year, and who. take the prescribed Qath. Th'Ose Qn the assessment rQll may vQte althQugh nQt residents and althQugh nQt British subjects. SectiQn 9 Qf the Bill enacts a new sectiQn 104 dealing with the right to. v'Ote in to.wns similar to. the above.

SectiQn 105 Qf the Ac,t, enacted by secti'On 11 Qf the Bill, pro.vides fQr the enumeratiQn o.f VQters who. are nQt Qn the assessment rQll, which is made necessary by the extended franchise given by sections 103 and

Section 106 of the Act, amended by se,ction 12 of the Bill, deals with the prepara,tion of the voters' list in towns and villages. The principal change is the new subsection (3a) providing for the entering in the voters' list of the names on the enumerators' list.

Section 13 of the Bill amends

section 108 of the Act. The old se oti on dealt with a notice to be posted before the 31st day of August notifying tenants, and relatives of ratepayers, of their right to have their names added to the list. This is no longer necessary as tenants and relatives of ratepayers will no longer vote as such, but qualify if at all, as residents who are British subjects, etc.

Section 109, which is struck out by

section 14 of the Bill, no longer is applicable. It is provided for the secretary of the town to add to the voters' list the names of persons assessed for land in the school district outside the town. In future this land will be assessed by the rural municipality. The amendment to seotion 137 is made for the same reason.

Section 16 of the Bill cures an omission in

section 153 of the Act which now refers only to a village.

Section 153a is inserted by

section 17 of the Bill. The amendment to

section 154, in se,ction 18 of the Bill, deals with the procedure on voting day. Paragraph (

h) which is struck out, dealt with the right to vote as between owners and purchasers, and is dealt with already in this Bill. The new

section 161, enacted by

section 19 of the Bill, enables blind and other incapacitated persons to vote with the assistance of a friend. Formerly the deputy returning officer marked the ballot.

Section 207, <amended by

section 20 of the Bill, authorizes a council to buy land for an <airport or to make grants in conneetion with same. The amendment enables the council to combine in these matters with another municipality. The new

section 232a enacted by

section 21 of the Bill enables towns and villages to co-operate with other munici palities in providing joint isolation hospital facilities and to borrow for such purpose without submitting a by-law to the ratepayers.

Section 23 of the Bin revi<ses

section 296 of the Act, deal ing with estimates, to bring it in line with changes in other statutes dealing with requisitions etc. and towns and villages are

now therefore dealt with together. Subsection (4) deals separately with requisitions under The School Act and The Municipal Hospitals Act in (

a) and under The Social Service Tax Act in (b). There is no material change in subsections (5), (6) and (7).

Section 24 of the Bill cures an omission.

Section 299, amended by

section 25 of the Bill, deals with the minimum tax for school purposes, the imposition of

iii which was subject to the approval of [the Minister of Educa tion. The amendment makes it subject to the approval of the Minister of Municipal Affair,s.

Section 302, repealed by

section 27 of the Bill, dealt with the rate of taxation in rbown school districts on farm lands outside the town. This

section is no longer applicable as the rate will be imposed by the rural municipality under new provisions of The School Taxation Act.

Section 28 of the Bill corrects a mistake.

Section 29 of the Bill strikes out words in

section 309 dealing with tax notices which are no longer applicable.

Section 313, enacted by

section 30 of the Bill makes changes in disc'Ount on taxes by allowing a council to prescribe a varying rate of discount for prompt payment at various dates during the year. By

section 37 of the Bill 'Sections 23, 26, and 27 do not come into force until January 1st, 1946. These sections incorporate changes in the collection 'Of school taxes and in the matter of requisitions. W. S. GRAY, Legislative Counsel. (This note does not forrn any pa1·t of the Bill but is offered in explanation of its provisions.)

BILL N'O. 65 of 1945.

An Act to amend The Town and Village Act. (Assented to , 1945.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Town and Village Act, being

chapter 150 of the Revised Statutes of Alberta, 1942, is hereby amended as to

section 2,- (

a) by striking out paragraph (

a) thereof and by sub stituting therefor the following: " (a) 'Conditional owner' means any person being the purchaser, lessee, licensee or permittee from the Dominion of Canada or the Province of land or other property if such land or property is not exempt from assessment 'Or taxation by reas'On of the provisions of The Assessment Act;"; (

b) by striking out paragraph (

r) thereof and by sub stituting therefor the following: " (r) 'Proprietary elector' means,- "(

i) any person, who is a resident of the town or village, who is entitled to vote at an election under this Act and whose name appears on the assessment roll in respect of any land liable to assessment and taxation; and "(ii) any person, who is not a resident of the town or village, who is entitled to vote at an election under this Act and whose name appears on the aSlsessment roll in respect of any land liable to assessment and taxation; "Provided however, that where the names of two or more non-resident persons appear on the assessment roll in respect of one parcel only one of such persons ,shall be a proprietary elector in res'pect of that parcel and entitled to vote as such;". 2.

The said Act is further amended as to

section 12 by striking out the words "Provisions of General Application", where the same occur in

Part V thereof, 'and by substituting therefor the word "Enumerators". 3. The said Act is further amended as to

section 37 by adding immediately at the end thereof the following new subsection:

2 "

(6) Every order made under the prDvisiQns Qf this sec tion shall be published in The Alberta Gazette." 4. The said Act i'S further amended as to' sectiQn 44, (

a) by striking Qut paragraph (

a) there'Of, and by sub ,stituting therefor the follQwing: " (

a) he can read and write in the English language; and"; (

b) by striking 'Out paragr'aphs (

I) and (

g) thereQf and by substituting therefor the follQwing: "(

I) where there is a vQters' list, his name appears there on 'and UPQn the assessment rQll a'S the 'Owner or purchaser Qf land, Qr interest in land within the tQwn 'Or village nQt exempted from taxation which is of the value Qf at least Qne hundred dQllars 'Over and abQve charges, liens and encumbrances affecting the same; Dr "(

g) in the case of a first electiQn where there is nO' voters' list, he has been for a peri'Od 'Of at least twO' months immediately priQr to' his nQminatiQn, the 'Owner Dr purchaser Qf land, Qr interest in land within the tQwn Dr village nQt exempted frQm tax ation, as the cas'e may be, which is Qf the value Qf at least Qne hundred dQllars 'Over and abQve charges, liens and encumbrances affe'cting the same, and his name appears in respect Qf 'such land UPQn the last revised assessment rQll Qf the village, municipal d'istrict Qr imprDvement district with respect to' that portiQn which is included in the tDwn Qr village, as the case may be." 5.

The s'aid Act is further amended as to' sectiQn 50 by adding immediately after subsection (2) thereDf the fQllQw ing prQviso: "Provided that if the number of candidates nominated does not exceed the number 'Of Vlacancies to be filled, the returning 'Officer shall declare the nominated persons duly elected, and the secretary-treasurer shall at the first meeting of the cDuncil write the names 'Of the elected councillQrs UPQn slips of paper and place them in a box or other receptacle and the returning officer shall draw the slips one at 'a time from the receptacle; the councillQrs whose names appear upon the two slips first drawn shall hold 'Office for the term set out in subsectiDn (1). and the remaining councillor 'Or cQuncillors whose name Dr names appear upon the slip 'Or slips next drawn shall fill the casual vacancy or vacancies and shall hold office for the longer periDd, if any, according to the 'Order in which the slips are drawn." G.

The said Act is further amended as to

section 52 by adding immediately after subsection (2) thereof the follow ing proviso: "Provided that, if the number 'Of candidates nominated does nQt exceed the number 'Of vaeancies tQ be filled, the

3 returning .officer shall de.clare the nominated persons duly elected, and the s,ecretary-treasurer shall, at the first meet ing of the 'c.ouncil, write· the names of the elected councillors upon slips 'Of paper and' pla·ce them in a box or other receptacle and the returning officer shall draw the slips one at a time fr.om the receptacle; the councillor whose name appears UP'On the slip first drawn shall hold .office for the term set out in subsection (1), and the councillor or coun cillors whose name 'Or names appear upon the slip 'Or slips next drawn shall fill the casual vacancy 'Or va·cancies and shall hold .office for the longer period, if any, according to the order in which the slips are drawn." 7.

The said Act is further amended as to

section 102 by striking out the same and by substituting therefor the following: "102.-

(1) The persons entitled to vote at any election held or UP'On any by-law .or question submitted to the pro prietary electors of the village, prior to the completion of the first voters' list, shall be any pers'On of the full age of twenty-.one years, wh'O has be€n the 'Owner or purchaser .of land not exempted from taxation or has been the conditional owner of land in the village or has been liable to a business tax therein for a periQd 'Of at least two months immediately prior to the date 'Of holding any such election or submitting any such by-law or question. "

(2) F'Or the purposes of this section, if there be an owner and a purchaser of any parcel or 'Of any part, share or interest therein, the 'Only person or persons entitled to vote in respect of the parcel.or share or interest therein shall be the purchaser or purchasers, if any, entitled to the pos sessi'On .of the parcel or of any part, share or interest therein, and if there be no such purchaser or purchasers shall be the owner or 'Owners thereof." 8. The said Act is further amended as to

section 103 by striking 'Out the same and by suhstituting therefor the f'Ollowing: "103. The persons entitled to vote at any election held subsequent to the completion of the first voters' list 'Of the village shall be,- "(

a) every person of the full age 'Of twenty-one years whose name appears upon the voters' list; "(

b) every person 'Of the full age of twenty-one years whose name does not appear upon the voter's list, and subj.ect to the provisi'Ons of subsection (3) 'Of

section 106, wh'Ose name appears UP'On the assess ment roll in respect of land or business liable to taxation, if such person takes the oath .or affirma ti.on in ,the pr'Oper form set out in F.orm LL 'Of the Schedule; "(

c) any pers'On who is la British subject and has c'On ,tinU''Ously resided in the village for a period of six months immedi'ately preceding the last day of

4 September in the previous year, if such person takes the oath or affirmation in the proper form set out in Form LL 'Of the Schedule." 9. The said Act is further amended as to

section 104 by striking out subsection (2) thereof and by substituting therefor the following: "

(2) The persons entitled to vote at any election held subsequent to the completion of the first voters' list of the town shall be,- "(

a) every person of the full age of twenty-one years whose name appears upon the voters' list; " (

b) every person of the full age of twenty-one years whose name does not appear upon the voters' list, and subject to the provisions of subsection (3) of

section 106, whose name appears: upon the assess ment roll in respect of land or business liable to taxation, if such person takes the oath or affirma tion in the proper form set out in Form LL of the Schedule; "(

c) any' person who is a British subject and has con tinuously resided in the town for a period of six months immediately preceding the last day of September in the previous year, if such person takes the oath or affirmation in the proper form, set out in Form. LL of the Schedule." 10. The said Act is further amended by striking out the heading "Provisions of General Application", where the same 'occurs immediately after 'Section 104 thereof, and by substituting therefor the heading "Enumerators". 11. The said Act is further amended as to

section 105 by striking out the same and by substituting therefor the fol lowing: "105.-

(1) The council shall not later than the fifteenth day of October in ea,ch year by by-law appoint an enumerator or enumerators for the purpose of compiling a supplemen tary voters' Hst hereinafter referred to. "

(2) Each enumerator appointed pursuant to this

section shall before acting as such, take the oath of office in Form KK which may be sworn before a justice of the peace, a commissioner for oaths or a notary public. "

(3) Each enumerator shall, immediately upon his having taken the oath of office, complete a list in duplicate giving the names, addresses, and occupations of all persons whose names do not appear on the assessment roll of the town or village, who are British subjects, twenty-one years of age, and who have continuously resided in the town or village for a period of six m'onths immediately preceding the last day of September in that year. "( 4) Each enumerator shall, on or before the tenth day of November in each year deliver to the 'Secretary-treasurer

5 the 'Original ,of the c'Ompleted list referred to in subsection (3), after having written the words "certified correct" f'Ollowed by his signature immediately after the last name on the said list." 12. The said A'ct is further amended as to se·ction 106,- (

a) by adding immediately at the end of paragraph (

d) of subsecti'On (2) thereof the words "if not entered upon the list under the provisions of paragraphs ( a), (

b) or (c)"; (

b) by striking out subsection (3) thereof and by sub stituting therefor the following: "

(3) Where the assessment roll shows 'an owner or 'Owners and a purchas'er or purchasers of any parcel, or 'Of any part, share or interest therein, the only person or persons entitled to be placed upon the voters' list in respect of the parcel or of any part, share or interest therein, shall be the purchaser or purchasers, if any, entitled to the possession of the parcel or any part, share or interest therein, and if there be no such purchaser or purchasers, shall be the owner or owners thereof.

"(3a) The secretary-treasurer shall also enter upon the voters' list, in a separate portion thereof, the names in alphabetical order, of all persons whose names do not already 'appear on the list who are British sub jects of the full age 'Of twenty-one years, and who have continuously resided in the town or village for a peri'Od of six months immediately preceding the last day of September in that year, and whose nanles appear on the list prepared by the enumerator or enumerators referred to in

section 105; the additions to the voters' list referred to herein shall appear on the copy of the list which is required to be posted in the office of the secretary-treasurer by subsection (1) of this section." ; (

c) by striking out subsection (5) thereof. 13. The said Act is further amended as, to

section 108 by striking 'Out the same and by substituting therefor the following: "108. When the voters' list has been prepared as pro vided by

section 106, but in any event not later than the sixteenth day of November, the secret.ary-treasurer shall advertise the fact of its completion and for that purpo~e he shall ~ause to be posted UP in at least six conspicuous places within the boundaries of the town or village a notice in Form C of the Schedule." 14. The said Act is further amended as to

section 109 by striking out the same. 15. The 'Said Act is further amended as to

section 13~ by striking out all the words after the words "voters' lIst" where the same 'Occur in the third line thereof.

6 16. The said Act is further amended as to

section 153 by striking out suhsection (2) thereof and by substituting therefor the following: "

(2) In the case of a t'Own, at every election held prior to the completion of the first voters' list, every person who presents himself for the purpose of voting shall be required, before he is handed a ballot, to. sign a solemn affirmation in Form MM 'Of the Schedule." 17. The said Act is further amended by adding immedi ately after

section 153 thereof the fo.llowing new section: "153a.-

(1) At every electio.n held after the completion o.f the first vo.ters' list the 'Officer presiding at the poll shall either satisfy himself that the name of every person who presents himself for the purpose of voting, or a name appar ently intended fo.r that of such person, is on the voters' list, or shall administer the oath or affirmation in the proper form as set out in Form LL. "

(2) Upon the oath or affirmati'On having been taken, the officer presiding at the poll shall cause the person's name to be added to the vo.ters' list with the word 'Sworn' or 'Affirmed' written thereafter, according to. the fact." 18. The said Act is further amended as to sectio.n 154, (

a) by sltriking out paragraph (

a) thereof, and by sub stituting therefor the following: "(

a) he shall earry out the provisions of

section 153 or o.f

section 153a, as the case may be;"; (

b) by adding immediately at the end of paragraph (

g) thereof the words "unless otherwise qualified" ; (

c) by striking out paragraph (

h) there'Of; (

d) by striking out parag~aph (

j) thereof, and by sub stituting therefor the following: "(

j) except in the cases mentioned in paragraphs (

I) and (g), the ballot paper shall then be delivered to the voter." 19. The said Act is further amended as to

section 161 by striking o.ut the same and by substituting therefor the following: "101. If a person claiming to' be entitled to vote is inca pacitated by blindness or other physical cause from marking his ballot paper or if a person claims to be unable to read and takes the declaration in Form Q of the Schedule, the deputy returning officer shall, if required so to. do by such voter and if he is a.c0o.mpanied by a friend, permit that friend to accompany the voter into a voting compartment for the purpose of marking the voter's hallot paper; and the ballot when marked shall be delivered by the voter or the friend to. the deputy returning officer to. be placed by him in the ballot box."

7 20. The said Act is further amended as to

section 207 by adding immediately after the word "may", where the same O0Curs in the third line thereof, the words "alone or in 00njunction with any other municipality". 21. The said Act is further amended by adding immedi ately after

section 232 thereof the following new section: "232a.-(

I) The council may pass a by-Iaw,- "(

a) authorizing the making of an agreement with one or more cities, towns, villages or municipal districts for the joint construction or leasing and for the equipment and operation by all the municipalities executing the agreement of an isolation hospital for the care and treatment of their residents requir ing hospitalization in such a hospital; or " (

b) authorizing the making of an agreem'ent alone or jointly with one or more cities, towns, villages or municipal districts for the provision by an estab lished hospital for the care and treatment of residents requiring treatment in an isolation hos pital. "

(2) Notwithstanding any other pr'Ovisions 'Of this Act, the coun~cil after entering into an agreement pursuant to paragraph (

a) of subsection (1) may borrow by the issue of debentures or 'Otherwise the amount required to provide its proportion of the capital cost of the construction and equipment of the isolation hospital and may do so without submitting a by-law authorizing the borrowing to the proprietory electors or to the Board of Public Utility Com missioners. "

(3) Notwithstanding the provisions of any Act incor poratinga city, the council of the city may authorize or enter into any agreement which a town or village is hereby authorized to enter into with a city, and in order to ,carry out the terms of such agreement, may borrow by the issue of debentures or otherwise, the amounts required to provide its proportion of the capital cost of the construction and equipment of the hospit'al and may do so without submitting a by-law authorizing it to the proprietary electors or bur gesses or to the Board of Public Utility Commissioners." 22. The said Act is further amended as to secUon 249 by striking out paragraph (

c) of subsection (11) thereof and by substituting therefor the following: " (c) 'Local authority' means the council of any city, town, village or municipal district, and with re!spect to any improvement district means the Minister of Public Welfare, and with respect to any special area means the Minister of Lands and Mines." 23. The said Act is further amended as to

section 296 by striking out the- same and by substituting therefor the following:

8 "296.-

(1) The 'c.ouncil shall as soon as practicable in each year prepare a detailed estimate in the prescribed form of the probable expenditures .of the t.own or village f.or the y'ear, and the estimate shall include the following: " (

a) The sum .or sums necessary to meet debenture in stalments, interest .or sinking fund payments falling due during the year; " (

b) Such sums as may be required to meet therequisi tions of any municipal hospital district, school dis trict, s'chool division, or the Minister .of Municipal Affairs, pursuant to the provisi.ons of The Municipal H OIspitals Act, The School Taxation Act, The School Act, or The Social Services Tax Act, as the case may be; " (

c) Such sums as the town or village may become liable to pay by virtue of the provisions of any other statute of the Province. "

(2) A copy of the estimates so prepared shall be incor porated in the minutes of the meeting 'Of the council at which the estimates are 'adopted. "

(3) The coun,cil shall proceed to make an estimate of the probable r,evenue of the t'own or village for the year to be derived from business taxes and sources of revenue other than taxati'On, and shall by by-law 'authorize the secretary treasurer to levy for ordinary municipal purposes upon the assessed value of all lands, improvements and personal property assessed in the assessment roll, a tax at such uni form rate on the dollar as the council deems sufficient to produce the amount 'Of the expenditures for .ordinary muni cipal purposes, as estimated by the council, less the amount of the ,estimated probable revenue from busines1s taxes and sources other than taxation, due allowance being made for taxes which may reasonably be expected to remain unpaid.

"(4) (

a) The council shall by by-law authorize the secre tary-treasurer t'O levy a tax at such uniform rates on the dollar as the council deems sufficient to produce the amount of such sums as shall annually be requisitioned by the board of any school division, scho.o.l district or municipal hospital district upon the assessed value 'Of all lands, improvements and personal property asses1sed in the assessment roll. "(

b) The clOuncil shall by by-law authorize the secretary treasurer to. levy a tax at such uniform rate on the dollar as the council deems sufficient to produce the am:ount of such sumas shall be annually requisitio.ned by the Minister of Municipal Affairs under the pr'Ovisions of The Social Ser vices Tax Act, and such levy may be made either against all the rateable land as defined in the last mentioned Act in the town lOr village or against all the property therein which is liable to' assessment and taxation as the council may direct. " (

c) All such rates shall be levied in addition to but together with the rate authorized for ordinary municipal purposes.

9 "(

d) In acting under the pr.ovisiQns 'Of this subsection, due 'allDwance shall be m,ade in respect Df school divisions or school districts, f'Or revenue derived from business taxes and for taxes which may reas,onably be expected to remain unpaid. "

(5) The council may by resolutiQn 'Or by-law provide for the combinatiGn intO' one rate Df the different rates levied pursuant to any by-law pa1ss·ed pursuant to this

section and payable by a ratepa~er whO' is a public school supporter and a ratepayer whO' is a separate school supporter, and the rates so combined shall be leviable and payable as if each rate included therein were levied separately. "

(6) The tO'tal amount of all rates levied pursuant to this sectiO'nand collected in any year shall be credited to' the general revenue of the town Dr village and shall be avail ,able for the payment of the general expenditures of the town" 'Or village and als.o fDr the payment of any amount payable by the tO'wn 'Or village in that year to any municipal hospital diistrict, schoO'I district, nr slchnol divisiQn, or payable under The Social Service'S Tax Act. "

(7) So much of the taxes levied pursuant to this

section fnr the purposes ;of a sinking fund shall be dealt with in acc.ordance with the provisiO'ns of this Act relating thereto." 24. The said Act is further amended as to'

section 297 by adding immediately after the wnrd "tnwn", where the same occurs in the ninth line thereof, the words "or village". 25. The said Act is further amended as to

section 299 by striking out the words "Minister of Education", where ever the same oc'cur therein, and by substituting therefor the word "Mini'ster". 26. The said Act is further amended by striking out the heading "Towns and Schnol Taxes", whe're the sam'e occurs immediately after

section 301 thereof, and by substituting therefor the heading "School Requisitions". 27. The said Act is further amended as to secti.on 302 by striking 'Out the same and by Isubstituting therefor the fGllowing: "302.-

(1) The council of every tnwn or village shall in each year pay to' each school district or school division in which the 'area .of the town 'Or village is included. the amDunt of the requisition duly transmitted by the bDard of trustees of an~ such school district or school division under the prnvisions of The School Taxation Act or The School Act, as the case may be, and the said amount shall be paid in equal quarterly instalments on the fifteenth day of each of the m'onths· ofM'a,r'ch, June, September and De'cember in the s'aid year. "

(2) In the event of the council failing to' pay to any school district or school division the amount required from time to time, as hereinbefO're provided, such amQunt shall

10 become a debt due, owing and payable by the tDwn or village tD the school district or school division, a,s the case may be. "Provided, however, that the debt may not be rec.overed by suit at law unles1s permission to enter suit is granted by the Minister of Education." 28. The said Act is further amended as to

section 306 by striking out the word "'assessor", where the same .occurs in subsection (3) there.of, and by substituting therefor the words "8ecretary- treasurer". 29. The said A,ct is further amended as to

section 309 by striking out the words "and distinguishing between them" where the same .occur in subsection (1) thereof. 30. The said Act is further amended as to secti.on 313 by striking out the same and by substituting therefor the foll.owing: "313.-

(1) The council may by by-law provide that a discount of nat more than ten per cent shall be allowed on all" payments made before a da,te Dr dates to be fixed in the by-law on taxes which became due and payable in the year in which the payment is made, and the by-law may pr.ovide for different rates of discount for payments, before different specified dates. "

(2) No by-law passed pursuant tD ,subsection (1) shall be effective unless it is passed prior to the first day of May, but any by-law s.o passed shall remain in force until it is repealed or amended by subsequent by-law passed prior to the first day of May in any year, and any amending by law shall remain in f.orce until repealed 'Or amended in the same manner." 31. The said Act is further amended as tD

section 336 by striking .out the words "this Act or The School Act", where the same occur in subsection (1) thereof, and by sub stituting therefor the words "this Act Dr any 'Other Act". 32. The said Act is further amended as to Form B in the

Schedule by adding immediately at the end there.of the following: "SUPPLEMENTARY LIST. No. Name Residence

11 33. The said Act is further amended as to Form C in the

Schedule by striking out the same and by substituting therefor the following: "FORM C. "(Section 108.) "NOTICE OF COMPLETION OF VOTERS' LIST. "Notice is hereby' given under the provisions of s'ection 108 of The Town and Village Act that the Voters' List of the town (or village) of ............................................. has been prepared and that a copy of the said Voters' List is posted in the office of the secretary-treasurer. "The posted Hst is open to inspe'ction during business hours.

"Any qualified elector may make application for the cor rection of any error or omission in the said voters' list by serving notice upon the secretary-treasurer in writing on or before the first day of December. "Dated at.... .. .................................... this .. ... day of ........................................ , 19 .. S ecretary- Treasurer". 34. The said Act is further amended as to Form E in the

Schedule by striking out the same and by substituting therefor the following: "FORM E. "(Section 113.) "STATUTORY DECLARATION TO ACCOMPANY THE PRECEDING FORM. prOvi~tt~itlberta }~f th~t~~(~r llillv.ge) .0£ ••••••••••••••..• in the Province of Alberta, do solemnly declare: "1. That I am of the full age of twenty-one years. "2.

That I am the purchaser, owner or conditional owner (as the case may be) of........ ................ . ............ ; or "That I am liable to a business tax in respect of a business and my name is on the assessment roll ; or "That I am a British subject and I have resided within the. town (or village) of.. .. .. .. .. . .. .. .. .. .. . .. .................. . continuously for a period of six months immediately preced ing the last day of September in the present year.

"And I make this solemn declaration, conscientiously be lieving it to be true and knowing it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act.

12 "D~lare~.before .. rne.at } ................... . thl'S ...................... d'ay of .......... " .................... . ............................ 19 ..... . A Commissioner for Oaths, J.P. or N.P." 35. The said A:ct is. further amended as, to Form H in the

Schedule by striking .out sections 4 and 5 thereof and by substituting therefor the following: "4. That I can read and write in the EngHsh language; "5. That my name appears upon the voters' list as a proprietary electo.r ;". 36. The said Act is further amended by adding im mediately after F'Orm J J in the

Schedule the following new f'Orms: of "FORM KK. "(Section 105.) "ENUMERATOR'S OATH. I, the undersigned ................................................................ . (Name in full) (Residence) ( Occupation) appointed enumerator for the town (or village) of. .... ............ ................. .... .in the Province 'Of Alberta, do. swear ('Or, being one 'Of the perso.ns, permitted by law to. affirm in civil cases, s'Olemnly affirm) that I will act faithfully in my said capacity of enume,rato.r without partiality, fear, favQur or ,affection. So help me Go.d.

"Swo.rn ('Or affirmed) before me at the ............. .. ........... Qf ............................................ in the Province of Alberta, this ............ . .................. .................. ...... day 'Of ......................................... 19 ....... . J.P., a Commissioner, or N.P. FORM LL. "(Section 103.) "OATH FOR THE PURPOSE OF GETTING ON THE VOTERS' LIST ON POLLING DAY.

"You do swear (or s'Olemnly affirm) that you are of the full age of twentY-Qne years, and that on the' fifteenth 'day of November last yQU were entitled to. be placed upon the voters' list of the town (or village) Qf......... ....................... , and that your name appeared upon the assessment Toll at that date in respect of the fQllowing land (or business) which is liable to taxation, viz: ................................................ . (Description)

13 "Sworn (or affirmed) before me at the ........................................ of ............................................ in the Province of Alberta, this ........... . ......... : .................................. dayof .......................................... 19 ....... . .............................................................................. A Commissioner for Oaths, J.P., or N.P.

O'r "Y.oU d.o swear (or s.olemnly affirm) that you are of the full age O'f twenty-one years, and that on the fifteenth day .of N.ovember last you were entitled to be placed upon the voters' list of the town (.or village) of ...................... , that you are a British subje·ct and have continuously resided in the town (.or village) of.. .. ................................. for a peri.od .of six months. immediately preceding the last day of September last and still c.ontinue to reside therein.

"Sworn (.or affirmed) before me at the ........................................ of ·· ..... · .................................... in the Province of Alberta, this ........... . ............................................ dayof ......................................... 19 ..... . A Commf;ssioner for Oaths, J.P., or N.P. "FORM MM. "(Section 153.) "AFFIRMATION OF ELECTOR AT ELECTION HELD BEFORE COMPLETION OF FIRST TOWN VOTERS' LIST. "Taken this .................. day .of .......... .. ....... 19 .... ..

The undersigned solemnly affirm each for himself that he is of the full age .of twenty-one year,g; that his name appears upon the l'ast revised as!ses'Sment roll of either the village of .................................................... or Improvement District No . . ............................ . .or Municipal District NO' ............................. , in respect of land or business now included in the town of .............. : ..................................... , a description of which land or business is set opposite his name. Name Land or Business Voted on 37.

This Act 'Shall come into force on the day UPO'n which it is assented to', e~cept sections 23, 26, and 27, which shall come intO' f.orce on the first day of January, 1946.

No. 65. FIRST SESSION TENTH LEGISLATURE 9 GEORGE VI 1945 BILL

An Act to amend The Town and ViHage Act. Recei ved and read the First time ....... . Second time .................................... . Third time. HON. MR. GERHART. EDMONTON: A. Shnitka, King's Printer 1945 Title: 1945 (10th, 1st) Bill 65,

An Act to amend The Town and Village Act

Document details

Collection	Alberta — Bills
Citation	L10 S1 7590
Type	bill
Volume / chapter	L10 S1 7590
Language	en
Format	json
Source	PROVINCIAL
Identifier	74592719dac5821700bec201e05a20fad0ba4687

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