Bill 121 — The Improvement Districts Amendment Act, 1972 (Legislature 17, Session 1)

L17 S1 5102

Alberta — Bills

1972 Billl21 -8ee61'lt'fl Session, 17th Legi~lature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 121 The Improvement Districts Amendment Act, 1972 MR. PURDY First Reading 0 0 0 0 0 0 0 0 0 • • • • • • • • • • •• • •••••••• Second Reading ... 0 •••••••••••••••••••••••••• Third Reading 0 0 0 0 0 0 0 • 0 0 0 0 0 0 0 0 0 0 0 0 • 0 0 0 0 • 0 0 0 0 0 Printed by the QUEEN'S PRINTER for the Province oot Alberta, EDMONTON

Bill 121 (Mr. Purdy) BILL 121 1972 THE IMPROVEMENT DISTRICTS AMEN'D'MENT ACT, 1972 (Assented to , 1972) HER MAJESTY, by and with the advice and consent of the LegisJative Assembly of Alberta, enacts. as follows: 1. The Improvement Districts Act is hereby ame.nded.

Section 11 is struck out and the following

section is substituted therefor: 11.

(1) In this

section (a) "licence" m'eans a mobile unit licence issued pur suant to this section; (b) "licence inspector" means a person appointed by the Mlinisrber as a licence inspector for the purpose of this section; (c) "licence officer" means a pE:rson appointed by the Minister as a licence officer for the purpose of this section; (d) "licence year" means the calendar year; (e) "owner" means any person who is in lawful posses sion of a mobHe und.t;

(2) The licence fee to be imposed in respect of a mobile unit for the licence year shall be in accordance with a

schedule prescribed by the Minister.

(3) Except as otherwise provided in this

section the owner of a mobile unit shall not occupy or suffer or permit any other person to occupy a mobile unit at any time during which he is not the holder of a subsisting licence for the mobile unit issued for the improv'ement district d.n which the mobile unit is si,tuated.

(4) The owner of a mohile unit is not required to have a licence in respect of (

a) a mobile unit occupied by a bona fide tourist, or (

b) a mobile unit used as a farm building or residence in connection with the raising or production of crops, livestock or poultry or in connection with fur

Explanatory Notes I. This BiU will amend

chapter 180 of the Revised Statutes of Alberlta 1970. 2. Sectioo 11 pre,sentiy reads: 11.

(1) Every mobile unit is liable to be licensed in acc,ordance with this section.

(2) The licence fee to be imposed in respect of mobile units shall be in accordance with a

schedule prescribed by the Minister.

(3) As soon as the mobile unit is occupied for any purpose in an improvement district the full amount of the licence fee for the un expired p.orU-on of the licensing year oommencing with the first day of occupancy of the mobile unit in an improvement district, thereupon becomes due and payable unless the Minister or his: agent and the owner o{ the mobile unit have entered into an agreement whereby the licence fee is made payable by installments in advance.

(4) Where the owner of a mobile unit has paid the full annual licence fee imposed pursuant to the

schedule prescribed by the Minister in accordance with subsecUon (2) and the mobile unit is moved from the improvement district or ceases to be occupied for any purp'Ose, the owner upon application therefor shall be refunded one-twelfth of the annual licence fee for each full calendar month remaining in the year and during which the mobile unit is not within the improvement dis trict or is not .occupied for any purpose.

(5) A licence or licence fee shall not be required in respect of (

a) a mobile unit occupied by a bona fide tourist, or (

b) a mobile unit located ,in an improvement district while it is occupied by a ,bona fide farmer and used for farming purp'0ses.

(6) A licence 'Or licence fee shall n'0t be required in respect of a mo bile unit liable t'0 assessment as an impr'0vement pursuant t'0 The Municipal Taxation Act.

(7) A licence fee payable pursuant t'0 this secti'0n is collectible a,s a debt due t'0 the Minister,

production or beekeeping and situated on farm land outside a city, town, new town, village or summer village, or (

c) a mobile unit that is sub}ect to a tax levy pursuant to The Municipal Taxation Act for the year or por tion thereof.

(5) Subject to subsection (4), where a mobile unit is occupied by any person and the owner does not have a sub sisting licence issued for the improvement district in which the mobile unit is situated, the owner is guilty of an offence and liable on

summary conviction (

a) for a first of:fence, to a fine of not more than $100, and (

b) for any subsequent offence, to a fine of not more than $500, and the court may order that the owner pay to the Minister the licence fee.

(6) In a prosecution for a contravention of subs'ection (5) a certificate purporting to be signed by the licence officer for the improvement district and stating that a named p'erson was or was not, on a specified day or during a specified period, a holder of a subsisting licence for a mobile unit or for a particular mobile unit shall be admitted in evidence as prima facie proof of the facts stated therein without proof of the licence officer's appointment or sig nature.

(7) Not later than 14 days after a n10bile unit is situated in an improvement district and occupied, the owner of the mobile unit shall apply to the licence officer of the im provement district for a licence.

(8) Where a mobile unit is situated in an improvement district and occupied (

a) at the commenC'ement of the licence year, the licence shall be issued to the owner by the Minister upon payment of the prescdbed fee for the entire licence year, and (

b) after the commencement of the liC'ence year, a licence for the balance of the year shall be issued to the owner by the Minister upon payment of a fee equal to the an10unt of the prescribed fee for the entire licence year, multiplied by the number of days rerflaining in the licence year, and divided by the nUll1ber of days in the entire licence year.

(9) Notwithstanding subsection (8), the Minister may allow the owner to pay a Hcence fee by prepaid instalments and upon payment of an instalm'ent a l.icence will be .issued to the owner which shall be valid for the period of hme as set forth on the licence. 2

(10) Where the owner of a mobile unit has not paid the licence fee payable in accordance with this

section the Minister may (

a) recover the amount of the licence fee as a debt owing to the Crown, or (

b) upon the licence fee remaining unpaid for 30 days after demand for payment has been made by a licence officer, distrain for the licence fee on the goods and chattels of the owner. ( 11) Where the licence fee owing to the Minister has been paid in accordance with subsection (8) and the mobile unit has been removed from the improvement district or is no longer occupied, the Minister upon application by the owner, shall refund to the owner the licence fee for the balance of the licence year, calculatd as a sum equal to the amount of the prescribed fee for the entire licence year, multipl,ied by the number of days remaining in the licen~e year and divided by the number of days in ,the entire Hcence year.

(12) Every person occupying a mobile unit (

a) upon request of a licence officer or licence inspector, shall give to the licence officer or licence inspector all information necessary to enable him to carry out his duties, and (

b) who fails to provide information requested pur suant to clause (

a) within 10 days from the day that the request is made is guilty of an offence and liable on

summary conviction to a fine of not more than $5 for every day from the date the request is made that the information is not provided.

(13) Where a mobile unit is required to be licenced pur suant to this section, the licence officer or licence inspector shall make a valua,tion of the mobile unit for the purpose of determining the licence fee payable and shall mail or deliver to the owner written notice of the valuation. (14) (a) (

b) The owner of a mobile unit may, within 30 days of the notice being mail~d or delivered to him, complain to the court of reVIS ion in respect of the valuation of his mobile unit, and may appeal to the Appeal Board against the decis ion of the court of revision if (

i) the owner is, or the valuation of his mobile unit is affected by a decision of the court of revision, and (ii) the owner appeared before the cour,t of revision in person or by agent or sent to the licence of ficer a document setting out in detail the ground of his complaint, 3

and sections 43 to 61 of. The Municipal Taxation Act apply to proceedings under this subsection with all necessary modifications.

(15) Where the Minister ,considers it equitable to do so he may by order cancel or refund all or any portion of a mobile unit licence fee.

(16) The Minister may make regulations (

a) approving forms for use pursuant to this

section , (

b) prescribing the functions and duties of licence of ficers and licence inspectors, (

c) prescribing the methods for valuating mobile units, (

d) notwithstanding_subsection (14), providing for the procedure and method of making complaints to the court of revision, appeals to the Appeal Board, and the procedure to be used by a court of revision and the Appeal Board in hearing matters respecting mobile units, and (

e) generally, for carrying out the purpose and intent of this section. 3. The following

section is added after

section 12: 12.1 Where the Minister considers it equitable, he may settle in whole or in part, any amounts owing to the Crown or to the Minister under this Act or any other Act relating to an improvement district for rentals, fees or other charges, other than taxes levied pursuant to The Municipal Taxation Act. 4. The following

section is added afte,r

section 24: 24.1 The Milliister may provide for publication and circulation to residents of an improvement district of in formation pertaining to the activ1ties of an agricultural service board under The Agricultural Service Board Act and of information concerning other munidpal subjects. 5. The following se,ction is added after

section 36: 37.

(1) The Minister may in writing delegate to any person any power, duty or function conferred upon the Min ister by this Act or any other Act relating to improvement districts other than the power to make regulations.

(2) Where, pursuant to subsection (1), the Minister del-egates to any person any power, duty or function, any reference in

an Act to the Minister in connection with that power, duty or function shall be 'Construed as also referring to that person. 6. This Act come,s into force on January 1, 1973. 4

3. This amendment will give authority to the Minister to make settlements of money other than taxes, owing to the Minister on behalf of an improvement district. 4. This amendmenJt wru authorize the Minister to p't"ovide in formarfJion concerning 'admi.:.nistration in the improvement district to residents of the improvement district. 5. This amen.dmenJt will allow the Minister to delegate to other perso~ tile carryiJng out of routine matters conceming.the admin istration of improvement districts. 4 Title: 1972 (17th, 1st) Bill 121, The Improvement Districts Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5102
Type	bill
Volume / chapter	L17 S1 5102
Language	en
Format	json
Source	PROVINCIAL
Identifier	7e8c8495c92a0f7b863a8a0b9233692e31ba0ded

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