Bill 97 — A Bill To Amend the Libraries Act (Legislature 15, Session 3)

L15 S3 1403

Alberta — Bills

., No. 97 3rd Session, 15th Legislature, Alberta 14 ElizaJbeth II BILL 97 A Bill to amend The Libraries Act HON. MR. HOLOWACH Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

Explanatory Note I. This Bill amends

chapter 27 of the Statutes of Alberta, 1956.

Section 2, subsection (1), clauses (

h) and (

k) presently read: (h) "mayor" means the mayor of any city, town or village, and the reeve of any municipal distrid and the chairman of the county council; (k) "municipali,ty" means any city, town, village, municipal dis trict or county;

Section 10 presently reads: 10.

(1) The Lieutenant Governor in CounClil, on the recommendation of the Minister may establish a library board, whioh shaH be known as the Alberta Library Board.

(2) The Alberta Library Board shall consist of not less than five and not more than fifteen persons and shall be the advisory board to Central Library Services.

Section 13, subsection (2) presently reads:

(2) The Alberta Library Board (

a) may carry out surveys, encourage community activities, call public meetings, promote pubUcity campaigns, carry on its activities in co-operation with or ,through an established organ ization or agency, and generally, may do any act or thing having for its purpose the promotion of library services, and (

b) may raise funds by public subscription to be used in the promotion and advancement of libraries, and shall cause to be kept a proper record of the funds collected and all disburse ments, which record shall be audited by the Provincial Auditor and appear in the annual report of the board submitted to the Minister.

BILL No. 97 of 1966

An Act to amend The Libraries Act (Assented to , 1966) HER MAJ~STy, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows: 1. The Libraries Act is hereby amended.

Section 2, subsection (1) is amended (

a) as to clause (

h) by adding at the end thereof the words "and the chairman of the board of trustees of a school district situated within a national park", (

b) as to clause (

k) by adding at the end thereof the words "or a school district situated within a na tional park".

Section 10 is struck out and the following is sub stituted: 10. The Lieutenant Governor in Council, on the recom mendation of the Minister, may establish a board consisting of not more than seven members and to be known as the Alberta Library Board, whos,e function is to advise the Minister with respect to matters relating to the expansion, development, co-ordination and encouragement of libraries in the Province.

Section 13 is amended by striking out subsection (2) and by substituting the following:

(2) Without in any way limiting the generality of the functions of the Alberta Library Board under

section 10, the Alberta Library Board may, with the approval of the Minister, carry out surveys, encourage community activities, call public meetings, promote pUblicity campaigns, carryon its activities in co-operation with or through an established organization or agency, and generally may do any act or thing having for its purpose the promotion of library ser vices.

Section 17, subsections (2) to (5) and subsection (7) pre sently read:

(2) Subject to subsection (4), the council of a mUnicipality shall, upon receipt of a petition, in Form A in the Sc'hedule, praying for the establishment of a public library and signed by at least one-tellith of the resident electors, prepare and submit to the electors a by-la.w providing for the esta.blishment of a public library.

(3) The by-law shall be submitted to the e~ectors in the same manner and with the like proceedings as are required in the case of any o1:her by-law requiring the assent of the electors.

(4) If the annual grant to be made for the support of the library does not exceed the sum of one thousand dollars the council may, with the permission of the Minister, give effect to the petitiDn and make such grant by resolution WithDut a reference to the electors.

(5) Where a by-law that is submitted to the elec.tDrs under this sectiDn receives the assent of at least three-fifths Df the electDrs voting thereon, the council shaH pass the by-law without unnecessary delay, whether such council is or is nDt the council that submitted the by-Jaw to the electors.

(7) When the vote of the electors is adverse to the by-law, nO' new by-law for the same purpose shall afterwards be submitted to' the electors within the same fiscal year Df the municipalLty.

Section 24 presently reads: 24. The annual appointment of the members of the board shall be made at the first meeting of the councU in January in every year, and any vacancy arising from any cause shall be filled at the first meeting of the councU after the vacancy occurs. 7. Subsections (2) and (3) of

section 29 and sections 30 to 34 set out the procedure to be followed in raising money for library purposes by borrowing, including the submission of a by-law to the proprietary electors. The proposed new subsection will make the standard municipal procedures applicable to borrow ings under this Act. 8. See note to clause 7 of this Bill. 9. Sections 57 and 58 are revised to merge the present separate book grants and periodicals grants into one grant and to raise the maximum grant payable 2 (

a) under

section 57 from $5'50 to $750, and (

b) under

section 58 from $350 to $500.

Section 17 is amended (

a) by striking out subsections (2) to (5) and by sub stituting the following: (2) . Su?ject to subsection (3), the council of a munIcIpalIty (

a) may, on its own initiative, or (

b) shall, upon receipt of a petition therefor in Form A of the

Schedule signed by at least one tenth of the resident electors of the muni cipality, pass a by-law providing for the establishment of a public library for the municipality.

(3) The provisions of the appropriate municipal Act governing the passing of by-laws for borrowing money apply mutatis mutandis to a by-law under subsection (1). (

b) by striking out subsection (7).

Section 24 is amended by striking out the words Hin January" and by substituting the words "following the date fixed for municipal elections".

Section 29 is amended by striking out subsections (2) and (3) and by substituting the following:

(2) The provisions of the appropriate municipal Act governing (

a) the passing of by-laws for borrowing money, (

b) the issue a.nd form of debentures therefor, and (

c) the assessment, levy and collection of moneys necessary to meet the indebtedness incurred by the issue of debentures, apply to the borrowing of money for the purposes mentioned in

section 28. 8. Sections 30 to 34 are repealed. 9. Sections 57 and 58 are struck out and the following sections are substituted: 57.

(1) On or before the thirty-first day of January in each year a municipal library or a regional library may apply to the Minister for a book and periodical grant on the basis of book and periodical purchases made during the previous year.

(2) If the municipal library or regional library p!ovides public lihrary service that meets with the standard fIxed by the Lieutenant Governor in Council, the Minister may approve the application for a grant.

(3) In respect of an approved application for a boo~ and periodical grant the Minister may pay to such munI- 2

Section 59, subsections (3) and (4) presently read:

(3) A sum .of at least thirty-f.ive cents per capita may be paid directly to the library board concerned to be used in such manner as the board may determine.

(4) The grant shall be given on the cond1tion that in the case o.f a town or ctty having a total population .of ten thousand or over the appropriation from the municipality to. the library will be at least seventy-five cents per capita, and that in the case of a town, city or village having a total po.pulation under ten thousand, o.r a county or rural municipality, the llocal app'ropriation from the munici pality to the library will be at least fifty cents per capita. 3

cipal library or regional library out of any moneys appro priated by the Legislature for that purpose a book and periodical grant of one dollar for every dolla; expended on the purchase of books and periodicals by the board out of the funds under its control other than grants as herein provided, but the book and periodical grant shall not exceed the sum of seven hundred and fifty dollars in anyone year in respect of anyone library.

(4) Any sum paid as a book and periodical grant to any municipal or regional library shall be expended on the pur chase of books and periodicals within six months following its receipt by the board of the library. 58.

(1) On or before the thirty-first day of January in each year a community library may apply to the Minister for a book and periodical grant on the basis of book and periodical purchases made during the previous year.

(2) If the community library provides public library service that meets with the standard fixed by the Lieuten ant Governor in Council, the Minister may approve the application for a grant.

(3) In respect of an approved application for a book and periodical grant the Minister may pay to such commu nity library out of any moneys appropriated by the Legis lature for that purpose, a book and periodical grant on the same scale as is payable in respect of municipal libraries or regional libraries but the book and periodical grant shall not exceed the sum of five hundred dollars in anyone year in respect of anyone library.

(4) Any sum paid as a book and periodical grant to any community library shall be expended on the purchase of books and periodicals within six months following its receipt by the board of the library.

Section 59 is amended by striking out subsections (3) and (4) and by substituting the following:

(3) Where an approval is given under subsection (2) there may be paid directly to the library board (

a) a grant of thirty-five cents per capita when (

i) in the case of a city or town having a popula tion of ten thousand or over, the municipal appropriation to the library is at least seventy five cents per capita, and (ii) in the case of any other municipality, the muni cipal appropriation to the library is at least fifty cents per capita, or (

b) a grant of seventy-five cents per capita when (

i) in the case of a city or town having a popula tion of ten ,thousand or over, the municipal ap- 3

4 II.

Section 60 presently reads: 60.

(1) Grants paid under

section 59 shall be thirty-five cents per capita but not exceeding a total of five th'Ousand dollars in the case of a city or town having a p,opulation of ~ess than forty thousand or ten thousand dollars in case of a -city or t'Own havi1ng a population of forty thousand or more.

(2) With the intent of increasing grants to large municipal libraries the total grant to be awarded to ,each Ubrary affected by subsection (1) shall be subject t'o review by the Minister when so recommended by the Alberta Library Board.

Section 64 presently reads: 64. If any member 'Of the board of any municipal or regional library is conv,icted under the Criminal Code, 'Or becomes insane, or absents himself from the mee,tings 01' the board fQr three consecutive meetings without being authorized by resolution entered upon its minutes, 'Or ceases to be a resident within the municipality for which he is a member, such member ipso facto vacates his seat, and the remaining members shall declare his seat vacated fo~thwith and notify thereof the council having authority to appoint the member. 13. Sections 76 and 77 read: 76.

For the purposes Qf implementing the prOVISIOns of this Act, a municipality desiring to 'Obtain library servi'ce by oontract with a regional library 'Or another municipal library shall be deemed to be establishing a municip'al lihrary and, with the appr'Oval of the Minister, shaH follow the procedure f'Or the establishment of a municipal library as prescribed in

Part III. 77. For the purpose of implementing this Act a municipal library serving a municipality or school district or school division by contract shall be deemed to be a re,gional library and, with the appr'Oval of the MLnister, those provisi'Ons 'Of this Aot that rel8lte to regional libraries may be applied to such municipal library.

Section 80 presently reads: 80.

(1) The board of a municipal or regional library may make by laws and regulations f'Or the safety and use of the Jibrary and reading room and for the admission of the public thereto, and for regulating all other matters and things connected wLth the management of the library and of the reading room, and with the management 'Of all pl'operty of every kind under its control for the purp'Ose of this Act.

(2) No by-law or regulation has any effeot nor is it binding on any party until a copy thereof certified by the chairman of the board has been posted up in a conspicuous place in the library, or else where, in, on or near the property under the management and control of the library. IS. Commencement of Act.

propriation to the library is at least one dollar and fifty cents per capita, and (ii) i~ the case of any other municipality, the muni cIpal appropriation to the library is at least one dollar per capita.

(4) A grant paid under this

section to a library hoard may be used in such manner as the board may determine. 11. 8ection 60 is struck out and the following is sub stituted: 60. The maximum grant payable under

section 59 (

a) to a city or town having a population of less than forty thousand is twelve thousand five hundred dollars, and (

b) to a city or town having a population of forty thousand or more is twenty-five thousand dollars.

Section 64 is amended by striking out the words ", and the remaining members shall declare his seat vacated forthwith and notify thereof the council having authority to appoint the member". 13. 8ections 76 and 77 are repealed.

Section 80 is amended by striking out subsection (2) and by substirtuting the following:

(2) Any elector may at all reasonable times inspect any by-law or regulation of a municipal or regional library board and the chairman of the board shall, within a reasonable time after a demand therefor by an elector, furnish the elector with a copy of any such by-law or regulation, or part thereof at the rate of twenty-five cents per one hundred words. 15. This Act comes into force on the day upon which it is assented to. 4

No. 97 THIRD SEISSION FIFlEENJH I,;EGISLA lURE 14 ELIZABETH II 1966 BILL

An Act to amend The Libraries Act Received and read the First time ......................................... . Second time ..................................... . Third time .................... . HON. MR. HOLOWACH Title: 1966 (15th, 3rd) Bill 97,

An Act to amend The Libraries Act

Document details

Collection	Alberta — Bills
Citation	L15 S3 1403
Type	bill
Volume / chapter	L15 S3 1403
Language	en
Format	json
Source	PROVINCIAL
Identifier	746112587808f769eda04f3eee22fc2ae348e81b

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