Bill 74 (Legislature 2, Session 4)

L2 S4 10679

Alberta — Bills

BILL No.7~ of 1913.

An Act to amend The Scho~l Ordinance, The School Assess ment Ordinance, and Tpe School Grants Ordinance. (As.sornted to 1913.) • HIS MAJESTY, by andJ with the advice and consent of the Legi::slative Asse1~1bly of the Province of Alberta, enacts as follows: The School Ordinance, bcibg

chapter 29 of the Ordinances of 1901 with amendments, i~ amended as follows:

Section 2: By strikin out the words "and who has paid all taxes due by him to the said district" where the same appear in subsection 9 thereof. By repealing clause (

c) of subsection 10 thereof and substituting therefor the f llowing: "(

c) In any rural muni .ipality any person of the full age of twenty-one years ctually residing therein whose name appears on the last evised municipal voters' list. "(

d) In any other distri t any person of the full age of twenty-one years actually residing therein whose name appears on the last revised assessment roll of the district."

Section 6 as amende by

chapter 6, 1910 (2): By. adding after subsection (4) the following: "

(5) Any other Ordina ce, Act or regulation to the contrary notwithstanding, o fix, by regulation, the stand ing required within the Pr vince of Alberta for admission to the study of law, med cine, dentistry, pharmacy and surveying.''

Section 12: By strikipg out the word 11 five" where the same appears in clau~e (

a) thereof and substituting · therefor the word "four." By striking out the wordl "five" where the same appears in the proviso to clause (

b) thereof and substituting therefor the word "four."

Section 39 as amende by

chapter 6, 1910 (2): By striking out the wor s "not exceeding five miles in length or breadth exclusiv of road allowances" where the same appear in the first an second lines thereof. By striking out the w rd "twenty" where the same appears in clause (

a) th reof and substituting therefor the word "fifteen." By striking out clauses (b[) and (

c) thereof. 5 .. By iwserting after seption 40 thereof the following sectwns: "40a. If the board of1 t stees of each of two or more contiguous districts pass resolution requesting to be formed into a consolidate school district the Minister may authorize a vote of he resident· ratepayers of each of such districts to be take in the manner as nearly as may be as provided by sections 2 to 24 for the holding of a first

2 school meeting for the plpose of ascertaining whether or not the majority of such esident ratepayers are in favour of the union of such sc ool districts into a consolidated school district. "40b. Upon the Minist being satisfied that the majority of the resident ratepaye s voting in the manner herein before provided are in fa our of the union of such school districts as aforesaid he may by order, notice of which shall be published in the fficial Gazette, unite such school districts into a commlidat d school district. "40c. Every such con, olidated school district formed under the provisions of the preceding

section shall be entitled 'The. . Consolidated School District, Number. . ...... of the Province of Alberta,' and shall be given such name as t Minister shall designate in the order forming the same. Such consolidated school dis tricts shall be numbered consecutively, the first of such districts to be establishe to be assigned the Number 1, and the Minister shall ha e power to change the name of any consolidated district i accordance with the pro,·isions of

Section :35 hereof. "40d. Upon the union f two or more districts as afore said into a consolidated istrid none of the districts so united shall lose its exis ence as a corporate body; and the debts and liabilities f every such district shall con tinue to be a charge upon s ch district as fully and completely as if no union had taken place, but the business of each such districts shall be 1 anaged and conducted as pro vided in this Ordinance .xcepting in so far as variation is made herein applying to the administratiom of such districts when united int a consolidated school district. "40e.

The trustees of ach consolidated school district shall be a corporation un er the name of 'The Board of Trustees of... . . . . . . C nsolidated School District Num ber. . . . . . of the Pro ince of Alberta,' and shall pos sess all the powers and per orm all the duties and be subject to all the liabilities conferr d and imposed by this Ordinance upon the trustees of villag school districts, and in addition thereto shall have power to provide for the conveyance of pupils to and from sch 1 and to pay the cost thereof. "40f.

Upon the forma ion of any such consolidated school district as aforesai the first board of trustees of such consolidated school d strict shall consist of the chair man of the board of trust s of each of the school districts united into such consolida ed school district and thereafter the board of trustees of such consolidated district shall consist of one trustee ele ted by the ratepayers of each of the districts so united o be elected aruiually as nearly as may be in accordance ith the provisions of this Ordi nance respecting the electi n of school trustees. "40g.

In the event of any such consolidated school district being formed by un ting not more than two districts, then tlie two school trustee elected as hereinbefore provided shall forthwith after taki g oath of office appoint under their hand as additional rustee some resident ratepayer qualified under this Orelia nee to hold such office and in the event of the two trus ees so elected being unable to agree as to the selection of n additional trustee as aforesaid such trustee shall be appoi ted by the Minister. "40h.

In every school "strict so united into a consoli dated district the school trustee elected as hereinbefore

3 provided shall with resp~ct to all the property, assets and liabilities of such distric so united possess all the powers and be subject to all t e responsibilities of the board of trustees for such district but the secretary-treasurer of the consolidated district shal be the secretary-treasurer of each of the districts so unite into such consolidated district."

Section 46 as amcndlcd by

chapter 27, 1903 (2) and by

chapter 6, 1910 (2): By striking out all t t part of subsection (1) thereof occurring after the w d "permit" in the fourth line thereof and substituting herefor the following: "But in the event of · being found impracticable to so locate the school site b reason of the configuration or physical features of the and the board may petition the Minister to approve of t e location of another site, which petition shall be accom anied by a plan of the district showing: "(

a) The sections lnd quarter sections within the district having marked thereon the place of residence of th resident ratepayers and of the children betwee the ages of five and sixteen inclusive; '' (

b) The position f the travelled roads, bridges, and physical f tures including lakes, sloughs, rivers, creeks an other natural barriers; "(

c) One or more 1 cations suitable, in the opinion of the board, for a school site; and the Minister may, if satisfied that a site in the exact centre of the district w uld be impracticable by reason of the configuration or ph sical features of the land, approve of another site." By striking out the wprds "approved by him" where the same appear in the seqond line of subsection (2) thereof.

Section 50 as amend d by

chapter 6, 1910 (2): By adding thereto the allowing subsection: "

(3) Whenever any re 1 property, the title of which is registered in the nam of a district, is vested in any other district in conseque ce of union with or with altera tions of the boundaries f such other district, and the Minister by order so ve ts such real property, a copy of such order duly certifi by the Minister shall be suffi cient evidence to the re istrar of the land registration district in which such r al property is situate, of such change of ownership, an the said registrar shall upon request in writing of sue other district and upon pro duction of a certified copy of the order as aforesaid and the duplicate certificate of ti lc covering the same, register it as owner of such real pr perty."

Section 57 as amendid by

chapter 6, 1910 (2): By striking out the wo ds "who has paid all taxes due by him to the district u to December 31st of the pre ceding year" where the arne appear therein.

Section 62 as amendeU by

chapter 6, 1910 (2): By repealing the same! and substituting therefor the following:

4 "Each person nominaded for the office of trustee shall be a resident ratepayer o~ the district and be able to read and write."

Section 63: By stdiking out all the words occuring after the word u district" I in the third line thereof.

Section 74: By stt'king out the words "and have paid all taxes due by me o the said school district" where the same appear in form f oath or affirmation therein.

Section 82: By str{.ing out the figures u $3" where the same appear in the s' th line of subsection (2) thereof and substituting therefor he figures "$5." By striking out the fig re:;; "$5" where the same appear in the second line of sai subsection (2) and substituting therefor the figures "$8.' 13. ·By adding after se~tion 95a as enacted by

chapter 6, 1910 (2), the following u 95b. The board of e ery village district shall at its discretion have power to mploy a health officer and pres cribe his duties."

Section 9\:l as amen~ed by

chapter 6, 1910 (2): B~ adding after subsection (2) thereof the following proviso: "Provided, however, th t in case it can be shown to the satisfaction of the Ministe that any delay in making such half-yearly or yearly retur s has been caused by the failure of the auditor of the mun cipality to audit the books and accounts of the district a provided by

section 83 of The School Ordinance, the Min' ter may order that the amount so forfeited or any part th reof shall be paid by the muni cipality to the district and the same shall be payable forth with."

Section 107 as ame!ed by

chapter 27, 1903 (2): By adding immediately after the word "repairing" in the fifth line thereof the w rd "moving."

Section 108 as amemfed by

chapter 27, 1903 (2) and by

chapter 6, 1910 (2): By striking out the word ~'from" where the same appears in the first line and substitl\tting therefor the word "after."

Section 109: By re ealing subsection (1) thereof and substituting therefor t e following: "109. A poll of the ratep yers for and against the by-law may be demanded within fi teen days after the date of the posting of the notices in the next preceding paragraph mentioned, by a demand in writing signed by twenty ratepayers of the district in a town district, ten in a village district or four in a rural di rict, and such poll shall be held as hereinafter provided in s ctions 113 to 121: uProvided, however, tha no poll can be demanded if the amount to be borrowed is for the purpose of providing a first school house for th district and does not exceed $1,200."

Section 116 as ameljtded by

chapter 27, 1903 (2) and by

chapter 6, 1910 (2): By striking out the wotds "who has paid all taxes due by him to the district u to December 31st of the pre ceding year" where the s me appear therein.

Section 128 as arne ded by

chapter 27, 1903 (2) and by

chapter 9, 1904, and b

chapter 6, 1910 (2): By adding the followin subsections: "

(8) The board of a chool district within the limits of which there is an inco porated city, when the amount to be borrowed is at le $100,000 may in its discretion by by-law provide that e sum borrowed shall be made payable in such manner hat the principal shall be made repayable at the end of t e period of years for which the debentures are to run t gether with interest thereon to be paid annually or sem -annually as the board may by by-law provide: "Provided, however, t at if the indebtedness is to be made payable by debent res payable in the manner set forth in this subsecti.on there shall be raised annually during the said period by way of a sinking fund an equal sum sufficient with accu ulated interest thereon to retire the debentures at maturi y and interest thereon annually or semi-annually.

"Such debentures shall be in the following form or to the like effect: "Dol\nN~ON OF CANADA "PROVIN¢E OF ALBERTA. "Debenture No . . . . . . . . . $ .. . "The ............ Scho 1 District No ............ of the Province of Alberta. "The Board of Truste of the ................

School District No . . . . . of t 1e Province of Alberta, promises to pay the bearer at. . . . . . . in the . . . . . . . or at .............. in the . . . . . . . . , . dollars of lawful money of Canada on the. . . . . . . day of. . . . . . . . .. 19 . . nd to pay to the bearer the amount of each of the everal interest coupons hereto attached as the same shall espectively become due. "Dated this.. .day of. .......... A.D. 19 ... . "Countersigned. . . . .19 ... . . . Minister of Education. Chairman. Treasurer. "and the coupon may be n the following form: "Coupon No . . . . . ... . "Debenture No ....... .

"The board of trustee of the ................ School District No. . . . . the Province of Alberta will pay to the bearer at. . . . . . . . . . . . .. or at ..... . onthe .............. d yof ............ 19 ... thesum of$ ................ . Chairman. Treasurer.

6 "

(9) The hoard may fro time to time invest the moneys accruing in said sinking und for such period or periods, not exceeding in the wh le the term of the debentures, and in such manner as it ay deem expedient, in securities authorized for the inve ment of trust moneys by The Trustee Ordinance being hapter 11 of the Ordinances of the North-West Territor es 1903 (2) and amendments thereto, and such other securities as the Minister may approve, provided that uch investments are in other respects reasonable and pr per."

Section 130a as enajcted by

section 7 of

chapter 4, 1911-12: By striking out all the~ords occurring after the words "Great Britain" in the thi d line of subsection (1) and sub stituting therefor the wor s "at any bank or banks, place or places to be named in reat Britain, the United States of America, or Canada."

Schedule to The School rdinance: Form B (

b) as amended y

chapter 6, 1910 (2): By striking out. the w rds "and that he has paid all taxes due by him thereto to December 31st of preceding year" where the same ap ear therein. Form B (

c) as amended by

chapter 27, 1903 (2) and by

chapter 6, 1910 (2): By striking out the w~s "and that he has paid· all taxes due by him thereto p to December 31st of the pre ceding year" where the s e appear therein. The School Assessment Ordinance, being

chapter 30 of the Ordinances of 190J w~t.h amendments, is amended as follows:

Section 2 as amend~e by

chapter 6, 1910 (2): By adding after subsec ion 4 thereof the following: "5. A consolidated sc ool district shall be deemed to be a district for the pur oses of this Ordinance."

Section 4: By strikitg out all the words occurring after the word "apply" ap earing in the second line thereof and substituting therefor the following: "only to rural districts or portions thereo not situated within the limits ~f a rural municipality."

Section 12: By stri~ing out the word "ten" where the same appears in the fi th line thereof and substituting therefor the word "twelve "

Section 89 as amen ed by

chapter 21, 1903 (1): By striking out all the ·ords occurring after the word "year" in the fifth line of bsection ( 1) thereof. By striking out the wor s "The Municipal Ordinance" occurring in the fourth lin of subsection (2) thereof and substituting the words "T e Town Act." By adding thereto the fo lowing subsection: "

(5) In the case of a t wu school district the rate of taxation on uusubdivided arm lauds situated outside of the limits of the town mu icipality shall not exceed eight mills on the dollar."

7 The School Grants On'fina'(l,ce, being

chapter 31 of the. Ordinances of 1901 wi~h amendments, is amended as follows: 26. By adding after settion 3 the following: '' 3a. In aid of each onsolidated school district there shall be paid out of any egislative appropriation made for that purpose: "(

a) The total amoun of the grant which, in the esti mation of the Minister, ould. have been earned by each o( the school districts u. ited: into the "consolidated school' d)strict had ea'ch of sue districts been\con~uct,ipg s9hool {Or the number of days· that the consohdated sehooL had been kept open, and had· eeri. engaging ·at leli.st one teacher llolding a first-class certi mite li'nder the'·regdlatiohs of the department .. ""(

b) Eighty cents per ~ay for each conveyance employed' by tlie district to convc · · pupils t'o and from the schoo( house in the said distt' t; provided, however, that the' style of conveyance and' tlie route travelled shall, in each' case,. be approxred by the' Minister."·

No. 74 FOURTH SESSION SECOND LEGISLATUR.E 3 GEORGE V 1913 BILL

An Act to amend the School Or dinancQ, the School Assessrnent Ordinance and the School Grants Ordinance. Received and read the First time ................... . Second time ................. . Third time .................. . EDMONTON: J. W. ]aFFlm.Y, Govemm.ent Printer 1913. Title: 1913 (2nd, 4th) Bill 74,

An Act to amend the School Ordinance, the School Assessment Ordinance and the School Grants Ordinance

Document details

Collection	Alberta — Bills
Citation	L2 S4 10679
Type	bill
Volume / chapter	L2 S4 10679
Language	en
Format	json
Source	PROVINCIAL
Identifier	8a2a37ca0a1f33e7b9fef51b332d8c0cf89a8047

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