Bill 30 (Legislature 10, Session 4)

L10 S4 7374

Alberta — Bills

Bill No. 30 of 1947. A BILL TO AMEND THE MUNICIPAL HOSPITALS ACT NOTE.

Section 1 of this Bill adds a new subsection ( 4) to

section 5. That

section deals with the establishment of hospital districts and subsection (2) gives the Minister a discretion to establish a district whether he has received a petition or not. The new subsection (4) provides that where the Min ister establishes a district under this authority the provisions of sections 7 to 11 shall not apply to the district until the Minister so directs. These s~tions provide for fixing the number of board members, etc., the appointment of a Pro visional Board, and for meetings of such Board, the appoint ment of officers, etc., the payment of mileage, and the pre paration of a scheme by the Provisional Board. Subsection (3) of

section 10 provides for a payment to board members for attending meetings of a sum not exceed ing four dollars per day. The amendment made by

section 2 of the Bill authorizes a payment not exceeding six dollars.

Section 3 of the Bill amends

section 11 of the Act. That

section deals for the most part with the preparation of the scheme for a hospital district which is to be submitted to the ratepayers. Paragraph (

a) of

section 3 of the Bill strikes out a provision requiring a statement of the proposed site of the hospital to be inserted in the scheme. The question of the site is now dealt with in another section. (See

section 5 of the Bill.) Paragraph (

b) of

section 3 of the Bill amends the provision as to the minimum tax to be provided in the scheme to entitle ratepayers to hospital supporters benefits. The amendment places a minimum of six dollars on this tax. Paragraph (

c) of

section 3 strikes out sub section (10) of

section 11 and substitutes a new subsection. The subsection now in force makes it permissive for the scheme to contain a provision giving a renter the privileges of a ratepayer on such terms as may be deemed expedient. The new subsection enables any owner of real property in a hospital district who resides outside the district to assign to a renter his privileges as a rarepayer. This authority is limited to one renter irrespective of the number of parcels owned by the ratepayer.

Section 4 of the Bill strikes out subsections (3) and (4) of

section 16 dealing with the site, which are considered inapplicable in view of the proposed new subsection (1) of

section 17 contained in

section 5 of the Bill. This requires the Minister to approve of the site of the hospital or he may require a vote as to the site to be taken along with the vote on the scheme.

Section 18 of the Act which is struck out by se.ction 6 of the Bill is no longer necessary as it also deals with the selec tion of a site for the hospital.

Section 7 of the Bill strikes out subsections (1) to (6) of

section 31 and subsitutes five new subsections dealing with the addition to and subtraction from the area of an estab lished district. Under the provisions now in force, the Minister of his own motion or on petition, may direct that a vote be taken with regard to addition to or detachment from a district of a specified area. The new subse~tions extend the provisions also to the transfer of an area from one district to another after a petition has been received from sixty-five per cent of the resident ratepayers of the area in question.

The Minister is required to refer the petition to the Board of Public Utility Commissioners for consideration and recommendation. That Board may recommend that the petition be granted or refused or may direct a vote to be taken on the question. The new subsection (2) deals with the case where the council of a municipal district or the authority administering an improvement district asks that a specified area, not in a hospital district, be added to an established district, and authorizes the Minister to add it or to direct a vote on the question. The new subsections (3), (4) and (5) enacted by

section 7 of the Bill are substantially the same as subsections (2), (3) and (4) of the

section 31 now in force.

Section 32 of the Act struck out by

section 8 of the Bill is no longer appropriate in view of the new provisions enacted by

section 9 of the Bill. ·

Section 9 of the Bill changes the allowance payable to members of boards after ratification of a scheme from "not exceeding four dollars" to "not exceeding six dollars" per day.

Section 10 of the Bill amends Form C in the

Schedule to agree with the changes made by

section 7 of the Bill, particu larly as to transfer of an area from one district to another. W. S. GRAY, Legislative Counsel. (This note does ·twt fo1"1n any pa1-t of the Bill but ·is offered in explana.tion of its P'rovisions.)

BILL No. 30 of 1947.

An Act to amend The Municipal Hospitals Act. (Assented to '1947). HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The MuniciJKtl HQspitals Act, being

chapter 185 of the Revised Statutes of Alberta, 1942, is hereby amended as to

section 5 by adding immediately at the end thereof the follow ing new subsection: " ( 4) Where the Minister has established a hospital dis trict under the authority vested in him by subsection (2), the provisions of sections 7 to 11, both inclusive of this Act, shall not apply to the hospital district unless and until the Minister has, by order published in The Alberta Gazette, directed that from the date of publication of the order the said sections and all other provisions of this Act shall apply to the district." 2. The said Act is further amended as to

section 10 by striking out the words "four dollars", where the same occur in subsection (3) thereof, and by substituting therefor the words "six dollars". 3. The said Act is further amended as to

section 11, (

a) by striking out paragraph (

b) of subsection (1) thereof; • (

b) by adding immediately after the word "tax", where the same occurs in the first line of paragraph (

i) of subsection (1) thereof, the words "of not less than six dollars"; (

c) by striking out subsection (10) thereof and by sub stituting therefor the following: "

(10) Where any person who resides outside the hospital district owns real property within it in respect of which hospital taxes are payable to a municipality or improvement district, he may by notice in writing to the board of the district author ize the granting of his hospital benefits to a renter of any such property, and such renter shall there upon be entitled to all the benefits conferred upon a ratepayer under this Act provided that no owner may grant such authority to more than one renter

2 irrespective of the number of parcels he may own ln the district or the number of renters he may have." 4. The said Act is further amended as to

section 16 by striking out subsection (3) and (4) thereof. 5. The said Act is further amended as to

section 17 by striking out subsection ( 1) thereof and by substituting therefor the following: "17.-

(1) The Provisional Board may, with the approval of the Minister, insert in the scheme the location of the hospital or shall on the request of the Minister take a vote for the purpose of deciding between two or more sites, and shall advertise its intention of so doing at the same time as and as part of the hospital scheme." 6. The said Act is further amended as to

section 18 by striking out the same. 7. The said Act is further amended as to

section 31, (

a) by striking out subsections (1) to (6) thereof and by substituting therefor the following: "31.-

(1) Upon receipt by the Minister at any time either before or after a scheme has been ratified of a petition signed by sixty-five per cent of the resident ratepayers of a defined area asking that the area be added to or detached from an established district or transferred from one established district to another, the Minister shall refer the petition to the Board of Public Utility Commissioners for con sideration and recommendation as to whether the petition should be granted, a vote taken with respect to the request in the petition, or the petition refused, and upon receipt of the recommendation of the Board of Public Utility Commissioners the Minister may proceed to carry out the recommendation and may make any order necessary so to do.

"

(2) Where the council of a municipal district or the authority administering an improvement district requests that a specified area in the municipal dis trict or improvement district, as the case may be, no part of which area is already in an established hospital district, be added to an established hospital district, the Minister may at any time include the area in the distriet or may direct that a vote be taken to determine whether or not the area should be so included." "

(3) Where a vote is directed to be taken pur suant to the provisions of subsections (1) or (2), it shall be taken in the same manner as nearly as poss ible as if it were a poll to ratify or reject a hospital

3 scheme, but the Minister may give any contrary or other directions as to the taking thereof which may seem to him to be necessary or convenient. "

(4) The persons entitled to vote at any such vote shall be,- (

a) ratepayers liable to pay municipal or improve ment district taxes in respect of property situ ate in the area which it is proposed to add to or detach from the hospital district or transfer from one hospital district to another, as the case may be; and ' (

b) all persons who on the day of the poll subscribe to either of the declarations set out in Form C in the Schedule. "

(5) If upon the vote being taken, it appears that two-thirds of the persons actually voting in any city, town, village, municipal district, improvement dis trict, township, or polling division, or other area have voted in favour of the addition, detachment or transfer, as the case may be, the Minister may in clude such area in the district or detach it therefrom or transfer it from one district to another, as the case may be, and may by order vary the number of mem bers of the board to be appointed in respect of any municipality or improvement district affected by the change."; (

b) by renumbering subsections (7) to (10) as subsec tions (6) to (9) . 8. The said Act is further amended as to

section 32 by striking out the same. 9. The said Act is further amended as to

section 51 by striking out the words "four dollars", where the same occur in subsection (16) thereof, and by substituting therefor the words "six dollars". 10. The said Act is further amended as to Form C in the Schedule,- (

a) by striking out the heading "Poll as to Addition or Detachment", where the same occurs at the begin ning of the Form, and by substituting therefor the heading "Poll as to Addition, Detachment or Transfer"; (

b) by adding immediately after the words "Hospital District", where the same occur in

section 2 of the first part of the Form, the words " (or in the area which it is proposed to transfer from the . . . ....... . Hospital District to the .... __ Hospital District)"; (

c) by adding immediately after the word "respect ively", where the same occurs in the last line of

section 1 of the second part of the Form, the words "(or in the area which it is proposed to transfer from the ..................................... ....... Hospital District to the ................................ Hospital District)". 11. This Act shall come into force on the day upon which it is assented to.

No.30 FOURTH SESSION TENTH LEGISLATURE 11 GEORGE VI 1947 BILL

An Act to amend The Municipal Hospitals Act. Received and read the First time ........... ........ ......... ....... . Second time ..................................... . Third time ...... ......... ....................... . HoN. DR. CROSS. EDMONTON: A. Shnltka, Klng 'e Printer 1947 Title: 1947 (10th, 4th) Bill 30,

An Act to amend The Municipal Hospitals Act

Document details

Collection	Alberta — Bills
Citation	L10 S4 7374
Type	bill
Volume / chapter	L10 S4 7374
Language	en
Format	json
Source	PROVINCIAL
Identifier	8ae0f8446a41d8d0bf58d6921357c22006bb3f3d

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