Bill 53 — A Bill To Amend the Municipal District Act (Legislature 14, Session 5)

L14 S5 1790

Alberta — Bills

No. 53 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 53 A Bill to amend The Municipal District Act HON. MR. HOOKE Printed by L. S. WALL, Printer to the Queen's Most Excel'lent Majesty, Edm~nton, Alberta, 1963

Explanatory Note 2. (

a) Clause (

k) presently reads: "(k) "hawker" or "pedlar" (

i) means a person who, whether as principal .or agent, (

A) gloes from house to hOUlS'e selling or offering for sale any merchandise to any pel'son, and who is not a who~e salle or re1lail dealeil" in such merchandise and who ha,s nOlt a permanent place of business in the municipal district, (

B) offers for sale to any person by meaIlJS of eXIPosed samples, patterns, cuts or blueprints, merchandise to be after ward,s delivered in or shipped into the municipal district, 'Or (C) 'sells meI"chiandise on the streets or roads or etsewhere :tl)a,n at a building that is his permanent place of business, (ii) does no,t include a pel'slOn selling (

A) meat, fl'Ulit or other farm produce that has been P'l'O duced, ralsed or grown by himself, or (

B) fish of his own catching;". (

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

c) Clause (cc), subclause (

i) presently reads: "(cc) Htransient trader" (

i) means a person who does not ordinarIly maintain wiJtiliin the muntcipal district a permanent place of business and who is nOit liable for a busdness tax in respect thereof, and who, enner as a principa.l or 8!S an agent, (

A) Ibuys oor offers to buy directly from the producer thereof any merchandise, .or (B) ,seUs or offer:s to seH to the consumer a,ny merchandise except (

I) agricultur:al products raised, grown or produced by him, or (II) fish of his own catching,".

Section 64, subsection (5) presently reads: "

(5) When a rea,s:se,ssment of a1ll or any part or! a municipal district Ls made by an wsses.sor appointed pursuant to subsection (1), the cost of the wslSelSsmeni1: shall be computed in a manner approve'd by the Mlin iter and an amount not ex'ceeding seventy-five per cent of the compUited cost shall constitute ,a debt due to the Cl'Iown by the municipal district and shall be paJd by ,t'he municipal distri'ct concerned upon sUbmissliJon of the account of the Department of MunicipaJ. Affairs and the remaining percentage of the cost shal'l be borne by the Department of Municipail Affail's, if (

a) the qUJaldfications of the assessor a.re acceptable to the Minister, (

b) a performance bO'lld acceptable to the Minister has been posted, and (

c) the work completed by the assesSior has been carried out in accordance wjrt;h t'he recommendations contained in the Assess menlt Manual and i.s acceptable to the municlpaJ. diol31trict and the Minister.".

BILL No. 53 of 19'63 An Aet to amend The Municip'al District Act (Assented to , 1963) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of ALberta, ,enacts as follows: 1. The Municipal District Act, heing 'chapter 215 of the Revised Statutes, is hereby a'mended.

Section 2 is amended (

a) as to clause (

k) by adding immediately after the word "merchandise" wherever it occurs the words "or service'S", (

b) as to clause (

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

c) as to clause (cc), subclause (i), paragraph (

B) by adding immediately after the word "merchandise" the words "or services".

Section 64 is amended by striking out subsection ({5) and by substituting the following:

(5) When a reassessment of all or any part of a municipal district is made hy an assessor appointed pursuant to sub section (1), an amount not exceeding twenty-five per cent of the cost of the assessment computed in a manner ap proved by the Minister may be borne by the Department of Municipal Affairs, if (

a) the qualifications of the assessor are acceptable to the Minister,

2 4. (

a) At the 196,2 session 'Of the Legilsl!attJre various secti'Ons of the Act were amended to provide far halding the annual meeting of the ratepayers and namination meeting on different days. Previausly they were held on the same day. The pr'Ovisions of subsection (3) permitting the alteration 'Of these dates previously applied ta bath meetings but when the new amendments were made the provisions of this subsection 'Only applied to the nomina tion meeting when it shauld have applied to both meetings. The proposed amendment wauld permit the altering 'Of the dates of both of these meetings within a three-day limitation. ('

b) Previausly nomination day and the date of the annual meeting were the same day. In 1'962 the Act was amended ta pra vide that each 'Of these meetings would 'be on a different date. Pro vision was made for the publishing of notices 'Of nomination day but no provisian was made far publishing notices of the annual meeting. This amendment will carrect this oversight.

Section 102, subsection (1) presently reads: "102.

(1) At an hour not earLier than ten o'clock in the ~orenoon nor later than one 0' ~lock in the aflternoon the returning officer sha:ll declare the annual mee.ting open, and sbaJ.I hold am elecrt:ion of a chairman Who sball conduct the dilscUlssion of municipal affairs.".

Section 234, subsectian (2) presently reads: "

(2) Eta!ch sUlch pubilic road, hig1hway, street and lane is subject to the direction, control and management of the council of the munic.ipaA. distriClt in which it issLtuated, subject, however, to the provisions of The Water, Gas, Electric and Telepbone Oompanies Act and The Pipe Line Act, 1958.". 7. Sectian 239, subsection (3) presently reads: "

(3) Any such by-law (a.) iSlhaU be in ,th'e form prescribed by the Board or to a like effelCit, (b) !Shall be under the seal of the municipal dtstrict, and (c) 1S:ha;L1 be submllitted to the proprietary eleCltiOrIS in accordance wilth the provdsiJons of Pam V.". ' 8. Self-explanatory.

2 (

b) a performance bond acceptable to the Minister has been posted, and (

c) the work completed by the assessor has been carried out in accordance with the recommendations con tained in the Assessment Manual and is acceptable to the municipal district and the Minister.

Section 9'6 is amended (

a) by striking out subsection (3) and by substituting the following:

(3) Notwithstanding subsections (1) and (6), if it appears to the council that it is desiraJble to hold the nomination meeting or the annual meeting upon some other day it may provide by resolution for holding the meeting upon any other day within three days before ·or after the first Saturday of No vember or the third Saturday of February, as the case may be. (b) !by adding the following subsection after subsection (6) : (6a) Prior to the date .of the annual meeting the secretary -treasurer shall (

a) cause to be issued a notice in Form 4a in Srchedule A, and (

b) shall publicize the notice as closely as possible in the same manner as provided in subsection (2) of

section 97.

Section 102, subsection (1) is amended by striking .out the words "returning officer" and by substituting the words "reeve or secretary-treasurer". -6.

Section 234, subsection (2) is amended by adding immediately after the word "lane" the words ", except a main or secondary highway established as such under The Public Highways Act,".

Section 2;39, subsection (3) is amended (

a) by striking out the word "'and" at the end of clause (

b) and by adding the word "and" at the end of clause (c), (

h) Iby adding the following -clause after clause (c) : (

d) is governed by

section 382.

Section 2:48 is amended by adding the following sub

section after subsection (3) :

(4) F'or the purpose of establishing industry or other commercial enterprises, the council by by-law may authorize the purchase, lease or other acquisition from the Govern ment of Canada of lands previously used as military estab- lishments.

3 9. A new subsection is added to permit the construction or acquisition of buildings too large for the accommodation of mun icipal services required and to provide for the leasing of the extra space for purposes deemed of general benefit to the residents. 10. Authority is given to enter into agreements for the main tenance and operation of campsites. II. As

section 2.48 has been amended to permit the acquisition of land from the Government of Canada this amendment is required to permit the municipal dis,trict to dispose of the land.

Section 279 reads: "279. Not later than the tenth day of January in each year, a report in the form prescribed by the Minister shall be made to the Minister setting forth the amount spent for the destructLon of pests by the municipal district during the previous year.".

Section 287 which deals with public health by-laws is amended by striking out subsection (2) which reads: "

(2) A by-law pwssed pursuant to this seotion is valid but inoperative until ilt :bas been approved by the Minister.".

Section 2818 which deals with the provision of medical, nurs ing or clinical care for residents is amended by striking out sub section (5) which reads: "

(5) A by-law passed pursuant to this

section is valid but inoperative unt~l it has been approved by the Minister.". 15. Sections 2'92 and 2,9,3 are no longer required because of other hospitalization legislation.

Section 294 is amended to refer to the present hospitals Act.

Section 249 is amended by adding the following sub

section after subsection (1): (la) The council may (

a) proceeds in accordance with

section 2:51 to pass a !by-law authorizing the ,construction or acquisition of a building the floor space of which is greater than is necessary to accommodate the municipal services required, and (b) 'by by-law lease for any purpose that the council considers necessary for the general benefit of the residents of the municipal district all or any part of the floor space not required for the accommoda tion of municipal services. 10. The following

section is added immediately after

section 254: 254a. Subject to this Act, a council may pass a by-law authorizing the making of an agreement with the Province for the maintenance, operation and use of a public work, building, or campsite or for the performance of any matter or thing deemed by the council and the Province to be a benefit to both parties.

Section 269 is amended by adding the following sub

section after subsection (2) : (Za) A council may by by-law sell, lease or otherwise dis pose of, in whole or in part, any property acquired from the Government of Canada for the purpose of establishing an industry or other commercial enterprise thereon.

Section 279 is repealed.

Section 287 is amended by striking out subsection (2) .

Section 288 is amended by striking out subsection (5). 15. The heading "Hospitalization Agreements" and sec tions 292 and 2·9,3 are repealed.

Section 294 is amended by striking out the words liThe Hospitals Act" where they occur in subsections (8) and (15) and by substituting the words "The Alberta Hospitals Act".

Section 323 reads: "323.

(1) No Hcence is requir.ed under any of the Pl'OVlSil'o.ns of this Act for hawking, peddling or selling any goodis, wares lOr merchandise grown, produced o.r manuf.actured in the Province if the same are hawked, peddled or s'old (a)' by the person who is the grower, produce,r lOr nmnufacturer IthereQf, lOr (

b) by his empIoyee or se,rvant authorized in writing by :tlim to. do SQ.

(2) An employee o.r servant shall o.n demand pl"oduce his autho.rity in writing to. an olfficer of the municipaJ. district or t'O a pe8lce of.ficer.

(3) In a pro.secutio.n for hawkling or pe,ddling Q,r selliling without a licence in co.ntravenNon of a by-law passed pUl'Isuant tlO this Act, the onus o.f proof that the defendant is exempted under subsectLon (1) is upon the defenda.nt.". 18. ISubsection (5) of

section 349 which requires copies of by laws providing for penalties on arrears of taxes to be filed with the Minister is repealed.

Section 354, subsections (1) and (2) presently read: "354.

(1) The taxes due in respe'ct of Land, imp!l"o.vement, businesrses, pel'ls:onal p'roperty, mineral lOr timber may be recovered wilth costs and wLth interelst as a debt due to the municipal district, fl'lom a person (

a) who was the owner, co.nditional owne'r or purchaser of the land, impro.vement, businesse,s, persQnal pl"o.perty or the mineral or who was the timber licensee of the timber at the time of its assessment, o.r (

b) who subsequently became the o.wner, C'onditiona.ll owner, pur chaser or timber licensee of the whole or any part thelroof, savling l}.is reCOUl1se against any other person.

(2) The taxes, oosts and interest referred to. in subsection (1) are a special lien on (

a) the land, (a1) the business, (

b) personal property, or (

c) mineral o.r timber that is not exempt fl"om taxa.tion by the Pl'ovinc·e, in priority 1:10 a claim, privilege, lien or encumbrance of any person except the Crown and the lien and its priority are not lo.st or impaired by any negllect, omis:sio.n or error.". 20. Seciion 377 presently reads: "377.

(1) Where autho.rized under this Act o.r any other ACit to. levy taxation for any purpose, including o.rdinary current expenditure, and if authorized by by-law, the councH, eHher befQre o.r after the passing of the by-law authorizing the rate of taxoation may, by p,ro:rn1ssory note OJ:" notes under the seal Qf the mun:icdprul di'strlclt du1y artlteslted by the signatures of the reeve or the deputy reeve and the secretary treasurer, borro.w such sums as the council deems necessary to expend i.n carrying lOut the purpo.se until such time as the taxes levied therefQr Clan be collected.

(2) Where money has been borrowed o.r is pl"Oll'osed t() be borrowed under thIs sectioo.n the council either in the by-l law autho.rizing the Loan or by a by-law passed at a subsequent ,time may pledge as security :lior the repayment of the money (

a) the whole or any part of all unpaid taxes and penalties on /taxes assessed o.r levied in any previous years, t.ogether with penaLties theroon, and (

b) Ithe whole of the taxes f.or the current year .or such part thereof as is c.onsidered expedient.".

Section 323 is repealed.

Section 349 is amended by striking out subsection (5).

Section 3,54 is amended (

a) as to subsection (1) by adding immediately after the word "business,es," wherever it occurs the words "assessed property under The Electric Power and Pipe Line Assessment Act,", (

b) as to subsection (2) by adding the following dause after clause (a1): (a2) assessed property under The Electric Power and Pipe Line Assessment Act, .20.

Section 377 is amended (

a) as to subsection (1) by striking out the words "ex pend in carrying out the purpose" and by sub stituting the words "meet the current expenditures and obligations of the municipal district", (

b) as to subsection (2) (

i) hy striking out the word "and" at the end of clause (

a) and by adding the word "and" at the end of clause (b), (ii) iby adding the following ,clause after clause (b) : (

c) any other designated revenues for the cur rent year. (c) 'by adding the following subsection after subsection (2) :

(3) The council from time to time during the year· in which such moneys are borrowed and the two succeeding years, may pass by-laws for extend ing the loan and renewing or extending such promissory notes, whether original or renewed.

Section 379 presently reads: "379. When any borrowing takes place to meet the current ordLnary expenditures of the municipal distrdct the total temp'Ol-ary loans out stancting af.ter any bor~owing is made, shall not e~ceed seventy-five per cent of the total of the lrutest tax levy by the mundcipal distriot.".

Section 384, subsection (1), clauses (

c) and (

f) and sub

section (2,), clause (

c) presently read: "384.

(1) A by-Jaw creating a debt shall state by recital or otherwise (

c) the raAe of interest and whether the interest is to be paid annuaUy or semi-annually. (

f) that the consent or approval of the Minister or of the provincia.l board of health required by Tb.e Public Health Aot has been obtained.

(2) The by-law (Q). shaJl:l fix the rate or rates of interest payable on the debentures and name the places where and the times when the principal and interest are payable,".

Section 425 presently reads: "425.

(1) In this

section "diSltrtiot highway" means a district highway esta.bil1Jshed as such by the District Highways Board appointed pursuant to The Public Highways Am.

(2) Subject to this section, a council by by-law may prohibLt the construction, placing or laying, eLther above or below ground, of (

a) power traIlJsmission poles, lines or cables, (

b) telegraph poles, telephone poles, lines or cables, and (

c) buildings, shelter belts or wells, closer to the centre line of a district highway than fifty-one feet.

(3) In lieu of or in addition to prohibiting the construction, laying or placing of any of the works or tnings referred to in subsection (2) within fif;ty-one feert: of the centre line of a specif!ied district highway, the by-law may permit the same within fifty-one f·eet of the centre line of a specified distI'liot highway or any part of such highway upon such terms and conditions a,s may be set out in the by-Ilaw.

(4) A by-law made pursuant to subsection (2) (

a) shall make provision from municipal funds for the payment of ,compensation by the munioiprul district to any pemon who might suffer damages as a result of the by-law, (

b) may prescribe, for failure to comply with a by-law made pur suant to subsection (2) or to comply with any terms or con diUons of the construction, laying or plJa,cing of any of the W'OTks or things referred to in subsection (2), a :fine nOtt eX'ceeding two hundred dollars, and for a term of imprisonment not eX'ceeding thirty days for defau1t of payment of any fine under Ithe, by-law, and (

c) may authord~e th·e removal, at the expense of the owner, 0If any w:orks or thIngs that were constructed, laid or placed in contraventiJon of the by-law.

(5) Where there is a disagreement between the counedl and a person who cIlaims to have in<!ulTed damage or loss as a result of a by-mw under this seotion, compensaJtion shall be determined by arbitration under The Arbitration Act.".

Section 379 is struck out and the following

section is sUbstituted: 379. The amount borrowed to meet the current expendi tures and obligations shall not exceed the amount of taxes levied or estimated to be levied for the current year.

Section 384 is amended (

a) as to suibsection (1) (

i) by adding in clause (

c) immediately before the the words "rate of interest" the word "maxi mum", (ii) !by striking out clause (

I) and by substituting the following: (

I) where the consent or approval of the Min ister or of the Provincial Board of Health is required under this or any other Act, that such consent or approval has been obtained. (

b) as to subsection (2), clause (

c) by adding im mediately after the words "fix the" the word "maX'imum" . 23. The heading "District Highways" and

section 425 are struck out and the following

section is substituted: 425.

(1) A council by by-law may prohibit the construc tion, placing or laying, either above or below the ground, of (

a) power transmission poles, lines or cahles, (

b) telegraph poles, telephone poles, lines or cables, and (

c) wells, closer than fifty-one feet to the centre line of a district highway established pursuant to The Public Highways Act.

(2) A council by by-law may prohibit the construction or placing of (

a) buildings and shelter belts, (

b) farm dugouts, and (

c) cesspools or disposal fields, closer than one hundred feet to the centre line of any public road, highway or street.

(3) In lieu of or in addition to prohihiting the construc tion, laying or placing of any works or things as provided in subsections (1) and (2), the by-law may permit such con struction, laying or placing within a specified distance of the centre line of a specified district highway, road, high way or street, or any part thereof, upon such terms and con ditions as maybe set out in the by-law.

(4) A by-law made pursuant to this

section (

a) shall provide for the payment from municipal funds of compensation by the municipal district to any

6 24. The obtaining of title to municipal land by adverse posses sion is prohibited. 25. See clause 4 of this Bill. JG, Commencement of Act.

6 person who suffers damages as a result of the by law, and (

b) may prescrihe a fine for failure (

i) to comply with a by-law made pursuant to sub section (1) or (2), or (ii) to comply with any terms or conditions of the construction, laying or placing of any of the works or things referred to, not exceeding two hundred dollars, with imprison ment for a term not exceeding thirty days for de fault in payment of the fine, and (

c) may authorize the removal, at the expense of the owner, of any works or things that were con structed, laid or placed in contravention of the by-law.

(5) Where there is a disagreement between a council and a person who claims to have incurred damage or loss as a result of a by-law under this section, compensation shall be determined by arbitration under The Arbitration Act. 2,4. The follO'wing sectiO'n is added immediately after

section 429: 430. No persO'n shall, by reasO'n of the adverse O'r un authO'rized PO'ssession, O'ccupation, enjoyment O'r use O'f any land owned by a municipal district O'btain any estate or in terest therein, and it shall be deemed that nO' such right has heretofore been so acquired. 25.

Schedule A is amended by adding the fO'llO'wing new form after FO'rm 4: FORM 4a (SectiO'n 96) NOTlCE OF MUNIOIPAL MEETING NO'tice is hereby given that a meeting O'f the electors of the Municipal District of ........................... ,' NO' ............ will be held at .............................. at .............................. o'clock in the ............ noO'n on Saturday, the .................... day O'f F'ebruary, 19 ........ (here insert the date of the third Saturday in Febru ary) for the dis1Clls'S'ion of the affairs O'f the district.

Dated this .................... day of ............................ , 19 ........ . Secretary-treasurer. 26. This Act cO'mes into force on the day upon which it is assented to and upon so coming intO' fO'rce sections 20 and 21 shall be deemed to have been in fO'rce at all times on and after the first day of January, 1963.

No. 5'3 FIFTH SESSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL An A'ct to amend The Municipal District Act Received and read the First time .................. . Second time ...... . Third Time HON. MR. HOOKE Title: 1963 (14th, 5th) Bill 53,

An Act to amend The Municipal District Act

Document details

Collection	Alberta — Bills
Citation	L14 S5 1790
Type	bill
Volume / chapter	L14 S5 1790
Language	en
Format	json
Source	PROVINCIAL
Identifier	76d454ea58a8d8c95ba637af7ca7ff884b7e89a0

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