Bill 77 (Legislature 11, Session 5)

L11 S5 6874

Alberta — Bills

Bill N'O. 77 'Of 1952. A BILL TO AMEND THE COUNTY ACT. NOTE. rrhis Bill amends The County Act, being

chapter 15 'Of the Statutes of Alberta, 1950. When The County Act was enacted in 1950 it prDvided foOl' the inoorp'Oration into a cDunty .of the whDle Dr any part !Qf any existing municipal hospital district that was within the bDundaries 'Of the cDunty. A municipal hDspital district lying entirely within Dr partly within a cDunty was thereby absorbed into. the c.ounty. The County Act is nDW amended in order to permit the municipal 'hospital district, whether lying entirely within Dr partly within a county, to' retain its identity.

In order to' enable the cDunty to carry 'Out its pr'Oper functions it is nDW provided that the county council may appoint members 'Of the hospital committee Df the cDunty council 'as representatives 'On each hospital board 'Of a hospi tal di'strict which is within 'Or partly within the b'Oundaries Df the county. To acc'Omplish this the :Dollowing sections, subs,ections and clauses of the Act have been anlended, viz., clauses (

b) and (c) 'Of subsecti'On (1) 'Of sectiDn 4; sub sectiDn (1) 'Of secti'On (6); clauses (a), (b), (

c) and (d) 'Of

section 9; cIa use (

b) of

section 11; cIa use (c) 'Of subsection (1) of

section 14; subseotions (1) and (2) 'Of secti'On 16; subsectiDns (2) and (3) 'Of secti'On 17; subsecti'Ons (2) and (3) of

section 19, subsecti'Ons (1) and (3) 'Of

section 20; subsection (1) of

section 21; subs·ecti.ons (1), (2) and (3) of secti'On 22 'and

section 23. FoOl' the same purpose certain clauses, subsect'i'Ons and secti'Ons have been repealed, viz., clause (c) 'Of subsecti'On (1) 'Of sectiDn 6; clause (c) 'Of

section 11; clause (c) 'Of

section 12, subclause (iii) of clause (a) 'Of

section 13; secti'On 15; clause (

c) of subsection (2) of sectiDn 16. In additi'On, certain sections have been amended f'Or purposes 'Other than those menti'Oned ab.ove. Secti'On 5 is amended to. remove the necessity 'Of the Minister arranging f'Or elections prior to the date 'Of the establishment 'Of the county.

Section 13 is amended to' provide for representation 'Of a town or village 'On the sch'O'Ol cDmmittee by election rather than through nomination by a scho'Ol board.

Section 18 is struck .out and a new seotdon is substituted. The

section now provides that where a'll 'Or part of a mu nicipal hDspital district lies within the b'Oundaries 'Of a c.ounty the county shalI be entitled to membership 'On the b'Oard 'Of such hDspital district to the f'Oll'Owing extent,- (

a) if the part 'Of the h'Ospital district lying within the c'Ounty is 'Of such an area in prop'Orti'On to the wh'Ole area .of the hos,pital district as w'Ould entitle it to

ii one or mOore members o.n the ho.spital board, then the ho.spital committee of the county council is to appoint from amo.ng its members such number o.f persons as are required to. fill the membership to which the cDunty is entitled o.n the hospital bo.ard; (

b) if an entire hDspital district, exclusive o.f any to.wn or village area, lies within a clQunty, the hDspital co.mmittee Df the county is to. appoint fro.m among its members representatives o.n the ho.spital board having regard to. the membership o.n the board o.f any to.wn 'Or village which is included within a ho.s pital district. In bDth these cases the hospital cDmmittee may appoint the same person or persons to. membership on more than one such ho.spital bDard.

If, however, the part of the hospital which lies within the county is Df such small area in propor tiDn to the whole area of the ho.spital district as would not entitle it to. one or mo.re members on the bo.ard o.f that ho.spi tal district, then the small area is to be co.nsidered as being part o.f the ward o.f the hospital district in which it is situate and membership o.n the board is to be decided by election fio.r the ward as provided by The Municipal Hospitals Act.

The Minister of Health, by order, shall determine the num ber .of members o.n a ho.spital board to. which a cDunty is entitled having regard to. what proportio.n the area o.f the hospital district within the c'Ounty bears to the entire area of the hospital district. Upo.n the appointment Df members to a municipal hospital bo.ard by the county ho.spital co.m mittee, the membership on the board 'Of those perso.ns who are elected thereto. under The Municipal Hospitals Act shall cease and determine. A new

section 24a has been added which pro.vides. for a uniform mill rate to be levied throughDut the oounty on all lands within municipal hospital districts in order to pro vide the funds for payment of the total sum o.f all requis itions received from individual h'Ospital districts. Formerly, the mill rate was levied in each municipal hospital district according to. the amount of the requisition that was received fro.m that hospital district.

Section 5, subs,ection (2);

section 12;

section 17 sub sect~'On (2); sectio.n 20, subsecti'On (1),

section 22: sub sectI'On (2) are each amended to correct a reference to. The School Act so that it will refer instead to The School .. Act, 1952. The amendments to these sections come into force on July 1st, 1952, the date of the coming into fo.rce of The Schoo! Act, 1952. Except as otherwise provided, this Bill comes into force upon assent. J. W. RYAN. Acting Legislative Counsel. (This note does not form any part of the Bill but is olfered in explanation of its provisions.)

BILL No. 77 of 1952.

An Act t.o amend The County Act (Assented to ,1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1.. The County Act, being

chapter 15 of the Statutes of Alberta, 1950, is hereby amended. 2. Sec,tion 4, subsection (1) is amended:

Section 4 amended (

a) by adding immediately after the word "municipal- ity," where it occurs in clause (b), the word "'Or"; (

b) by striking out the words "or municipal hospital district" where they occur in clause (b) ; (

c) by striking out the word'S ", school division or muni icipal hospital district" wherever they occur in clause (c), and by substituting the words "or school division." .

Section 5, subsection (2) is amended by adding im-

Section 5 mediately after the word "Act" the figures" 1952". amended

Section 6, subsection (1) is amended: (

a) by strik,ing out clause (c) ; (

b) by adding immediately after the word "division," the word "or"; (

c) by striking out the words "·or municipal hospital district." .

Section 6 amended

Section 7, subsecti'On (2) is amended by striking out

Section 7 the words "and prior to the effective date.". amended

Section 9 is amended:

Section 9 .• amended (

a) by adding immediately after the word "munICIpal- ity," where it occurs in clause (a), the word "and"; (

b) by striking out the words "and municipal hospital district" where they occur in clause, (a) ; (

c) by adding immedi'ately after the word "municipal ity," where it occurs in clause (b), the word "or"; (

d) by striking out the words "or municipal hospital district", where they 'Occur in clause (b) ;

Section 11 amended

Section 12 amended

Section 13 amended

Section 14 amended

Section 15 repealed

Section 16 amended

Section 17 amended (e) (f) (g) (h) 2 by adding immediately after the word "municipal ity," where it 'Occurs in clause (c), the word "or"; by striking out the words "'Or municipal h'Ospital district" where they occur in cia use (c) ; by adding in1mediately after the word "municipal ity," where it occurs in clause (d), the word "and" ; by striking out the words "and municipal hospital district" where they occur in clause (d). 7. SectiQn 11 is amended: (

a) by striking out the word "and" where it occurs at the end of clause (b) ; (

b) by striking 'Out clause (c).

Section 12 is amended,- (

a) by adding immediately after the word "Act", where it occurs in clause (b), the figures H, 1952". (

b) by striking out clause (c).

Section 13, clause (

a) is amended by striking 'Out sub clause (iii).

Section 14, subsection (1), clause (

c) is amended by striking out the words "has been included," and by substi tuting the words "lies wholly or partly within the c'Ounty,".

Section 15 is repealed.

Section 16 is amended: (

a) by striking out the words "and to the hospital CQm mittee," where they occur in subsection (1); (

b) by striking out the wQrds "'Or hospital purposes" where they occur in subsection (1) ; (

c) by striking 'Out the words and figures "sections 17 and 18", where they occur in subsection (1), and by substituting the word and figures "section 17"; (

d) by striking 'Out the words "'Or on the hosipt'al com mittee", where they 'Occur in subsection (2) ; (

e) by striking out clause (c) 'Of subsection (2).

Section 17 is amended: (

a) by striking 'Out the word "On" where it occurs at the beginning 'Of subsection (2) and by substituting the wQrd "In"; (

b) by adding iInmedia tely after the word "Act" where it occurs in subsection (2), the figures ", 1952"; (

c) by striking 'Out the words "bQard of trustees 'Of the sch'Ool district m'ay nom1inate annually an elector" where they occur in subsectiQn (2), -and by substi tuting the wQrds "electors of the town 'Or villag·e may elect annual1y a representative";

3 (

d) by striking .out the words "board o.f trustees of the school district may nominate 'an elect'Or of the town or village 'annually," where they occur in subsection (3), and by substituting the words "electo.rs of the town or village may elect annually a representative of the town or viUage,"; (

e) by adding immediately after subsection (4) the follo.wing new subsections: "

(5) No person shall be elected under subsections (2) and (3) as a representative of a town or a village unless he has the like qualifications as are required f'Or the no.mination and election of a mem ber ofa cQuncil of 'a town o.r village under The Town and Village Act, 1952. "

(6) A representative of a town or a village shall annually be nominated and elected at the same time and in the same m'anner as is provided by The Town and Village Act, 1952, for the election of councillors." ~4.

Section 18 is struck out and the following is substi-

Section 18 tuted: amended "~8.

(1) In the event that all 'Or part 'Of' a municipal hos- County pital district lies within the boundaries of a C'ounty, the ~l~~~r ~ounty shall be entitled to membership 'On the board o.f such t~~~~t:l hospital district subject tOo the following conditions,- "(

a) if the part Oof the hospital district which lies within the county is .of such sm'all area in proportion to the whole area of the hospital district as W'Ould not en title it to 'One or more memberrs 'On the board o.f that hospital district then,- " (

i) such small area shall be considered as being part of the ward of the hospital district in which it is situate; "(ii) membership on the board shall be decided by electi.on flOr the ward as provided by The Mun icipal Hospitals Act; "(

b) if the part Qf the hospital district which lies with in the county is of such area in prOoportiQn to the who.le area of the hospital district as would entitle lit to. one or more members on the h'Ospital bQard then,- "(

i) the hospital committee 'Of the county council shall from time to time apP'Oint fr'Om among its members such number of persons as are re quired to. fill the membership on the hospital board to which the county is entitled; "(ii) the hOospital c'Ommittee may apP'Oint the same person or persons to membership on more than 'One such ho.spital bOoard; " (

c) if an entire hospital district, exclusive of any area in a t'Own 'Or village, lies within the county then,-

Section it amended

Section 20 amended

Section 21 amended

Section 22 amended 4 "(

i) the hospital comm'ittee of the county council shall from time to time appoint from among its members representatives on the hospital board ha ving regard to the membership on the board iQf any town or village which is included in the hospital district; "(ii) the hospital committee may appoint the same person or persons to membership on more than one such hospital board. "

(2) The number of members, to which the county is en titled on a municipal hospital boa~d shall be such number as the Minister ,of Health by 'Order shall determine having regard to what proportion the area of the hospital district within the county bears to the entire area of the hospital district with respect to assessment, poulation, area and such 'Other matters as are pertinent. "

(3) Upon the appointment of members on a municipal hospital board by the county hospital committee, as pro vided by clause (

b) or (

c) of subsection (1), the member ship on the board of those persons who were elected for the areas described in the said clauses (

b) or (

c) pursuant to The Municipal Hospital,s Act shall cease and determine.".

Section 19 is amended: (

a) by adding immediately after the words "one com mittee", where they occur in subsection (2), the Wrords "other than the hospital committee"; (

b) by striking out the w.ords "on any committee each member C.o~opted and", where they occur in sub section (3), and by substituting the words "on the school c'Ommittee".

Section 20 is amended: (

a) by striking out the words "school and hospital com mittees" where they occur in subsection (1), and by substituting the words "and school committees" ; (

b) by striking out the words", The School Act or The Municipal Hospitals Act," where they occur in sub secti'On (1), and by substituting the words "or The School Act, 1952,"; (

c) by striking out the word "'Or" where it occurs at the end .of clause (

b) of subsection (3) ; (

d) by 's,triking 'Out clause (c) 'Of subsection (3).

Section 21, subsection (1) is amended: (

a) by adding immediately after the word "municipal," the word "and"; (

b) by striking 'Out the words "and hospital".

Section 22 is amended: (

a) by striking out the words "and the hospital com mittee" where they occur in subsection (1) ;

5 (

b) by striking out the word "their" where it 'Occurs in subsection (1), and by substituting the word "its"; (

c) by striking out the words "'Or h'Ospital purp'Oses, as the case m'ay be", where they oocur in subsection (1) ; (

d) by adding immediately after the words "The School Act" where they occur in subsection (2), the fig ures ", 1952"; (

e) by striking 'Out the words "or The Municipal Hos pitals Act, as the case may be," where they occur in subsection (2) ; (

f) by srtriking out the words "'Or hospital purposes" where they occur in subsection (3). 19. Secti'On 23 itS amended by striking out the w'Ords

Section 23 "municipal hospital district,". amended 20. The following new

section is added immediately New sec- after

section 24: tion 24a "124a. Notwithstanding the provisions 'Of

section 289 'Of Tax levy The Municipal District Act, the county council shall by by- ~~~~~1fion law auth'Orize the secretary-treasurer to levy a tax, at such unif'Orm rate 'On the dollar as the council deems sufficient, to pr'Oduce the total amount of all such sums as may be requisitioned annually by the boards 'Of all municipal hos- pital districts upon the assessed value 'Of all lands, impr'Ove- ments and personal property set out in the assessment roll of the county and situate within :any municipal hospital district." . 21. This Act shall come into force 'On the day upon which ~oming it is assented to except for

section 3,

section 8, clause (a), ~~~~e

section 13,

section 16, clause (b) 'and

section 18, clause (

d) which

section and clauses shall come into force on the first day 'Of July, 1952.

FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL

An Act to amend The County Act Received and read the First time Second time .... Third time ....................................... . HON. MR. GERHART. Title: 1952 (11th, 5th) Bill 77,

An Act to amend The County Act

Document details

Collection	Alberta — Bills
Citation	L11 S5 6874
Type	bill
Volume / chapter	L11 S5 6874
Language	en
Format	json
Source	PROVINCIAL
Identifier	874a84e6e5cf654e34ae8194d5a73621caf7381d

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