Bill 67 (Legislature 12, Session 1)

L12 S1 6735

Alberta — Bills

Bill No. 67 of 1953 A BILL TO AMEND 'l"'HE AGRICULTURAL SOCIETIES ACT NOTE This Bill amends The Agricultural Societies Act being

chapter 246 of the Revised Statutes of Alberta, 1942. Secti~n 10 is amended. The superintendent authorized to' be apP<?lnted under ~hi.s

section will now be a superintendent of agrICultural SOCIetIes rather than a superintendent of fairs and institutes.

Section 23 is amended. Clause (

c) of this sectiQn refers to the "current financial year". CIa uses (a), (b), (

e) and <

f) referred only to the "year" and are amended to conform to the reference in clause (c).

Section 32 is amended. Agricultural societies by this

section are permitted to amalgamate their funds or a part thereof for the purpose of holding joint exhibitions or live stock shows. The holding of exhibitions and livestock shows are Qnly two of the objects of an agricultural society, and this

section is amended to' permit societies to' amalgam,ate funds for holding jointly any activity which a single society may engage in.

Section 33 is a,mended for the purpose of -clarification and simplification. Sections 34 and 35 are struck out and new sections sub stituted. The purpose of this amendment is to provide for the disposal of the assets of an agricultural society upon its dissolution. The duties of the liquidator are more fully set out. Firstly, the assets are applied in paying the expenses of the liquidator and the liquidation, secQndly, in discharging the liabilities of the society, and if insufficient to pay all the creditors in full the funds available are to be distributed pro rata among the creditors.

If the assets are not sufficient to pay the expenses of liquidation the deficit in these ex penses will be met by the Department. A report by ~he liquidator is made to' the Minister. The surplus, after paYIng the expens·es Qf liquidation and ?ischarging the. creditQrs, may be disposed of by way of gIft,. by a r~solutlOn .Qf ~he members of the society, to a communIty serVIce QrganizatIon in the locality of the society. Any surplus proper~y. aft~r that vests in the Crown and surplus money ·remaining IS paid into the General Revenue Fund. 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 offered in explanation of its provisions.)

BILL No. 67 of 1953

An Act to amend The Agricultural Societies Act ( Assented to ,1953) HER MAJ~STy, by and with the advice and consent of the LegIslatIve Assemtbly of the Province of Alberta enacts as follows: ' 1. The Agricultural Societies Act, being

chapter 246 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 10 is amended by striking out the words "fairs

Section 10 and institutes" and by substituting the words "agricultural amended societies" .

Section 23 is amended by adding the words "current

Section 23 financial" immediately before the word "year" where it amended occurs in clauses (a), (b), (

e) and (I).

Section 32 is amended

Section 32 amended (

a) by adding at the end of subsection (1) the words "or other activity or event with objects similar to those of an agricultural society as specified in

section 3"; (

b) by adding immediately after the word "exhibition", where it occurs in subsection (2), the words "or other activity".

Section 33 is amended ~~c:~d~d 33 (

a) by striking out the words "any company or board of management", where they occur in subsection (1), and hy substituting the words "a company or board of management organized for the purpose of" ; (

b) by striking out clauses (

b) to (

h) inclusiv~ of sub section (2) and ,by substituting the following: " (

b) for conducting any activity which has been ap proved by the Minister "(

i) if the activity is one in which prizes are to be paid a grant equal to fifty per cent of the am~unt actually paid out for prizes to competitors in the activity, but not ex ceeding a maximum sum to' be set for ea~h activity by the Lieutenant Governor In Council,

Sections 34 and 35 amended Dissolution of societies LiquIdator Proceeds of sale Deficit Heport of llquldator Disposition of surplus "(ii) 2 if the activity is one in which prizes are not to be paid, a grant equal to fifty per cent of the actual expenses incurred in conducting the activity, but not ex,ceeding a maximum sum to be set for ea,ch activity by the Lieutenant Governor in CounciL". 6. Sections 34 and 35 are struck out and the following are substituted: "34.

If it appears advisable that a society be dissolved, the Minister may order and declare that on and after a day to be named by him the society shall be dissolved and thereupon it shall cease to exist and the officers thereof shall cease to hold office. "35.

(1) Upon the dissolution of a society the Minister may appoint as liquidator thereof one or more persons to adjust and settle the affairs of the society and for that purpose the person or persons so appointed shall have full power to sell and dispose of the assets of the society. "

(2) The property of the society and the proceeds of sale thereof shall be applied " (

a) firstly in paying the expenses incurred in liquidat ing its affairs, including such remuneration of the persons appointed for that purpose as may be fixed by the Minister, and (

b) secondly in discharging the liabilities of the society to its creditors in full unless the said property and proceeds of s&le after paying the expenses incurred in liquidating the affairs of the society are not sufficient to discharge its liabilities in full in which case the funds available shall be distributed among the creditors of the society pro rata in accordance with the respective admitted claims of the creditors. "

(3) If the amount realized on the sale and disposal of the assets of the society are not sufficient to pay the expenses incurred in liquidating the affairs of the society, any deficit shall be charged to and made good by the Department. "

(4) The liquidator shall make a report to the Minister ~s_ soon as the expenses of the liquidator and the li:abilities of the society have been paid and satisfied either fully or pro rata as provided in subsection (2) and at such other times as the Minister may require. "

(5) If there is a surplus either in property or money after p~ying the expenses of liquidation and all the liabilities of the society, the liquidator shall call a meeting of all persons who were members of the society immediately before its d!ssolution at such time and place, upon such notice and ~n such manner as the Minister may direct, and the ~eetIng, by resolution, may authorize the liquidator to dIspose by way of gift of all or any of the surplus to an association or body engaged in community service in the locality in which the society operated.

3 "

(6) A surplus which remains in the hands of the liquida tor after making a disposition authorized by a resolution passed under subsection (5) "(

a) if it be in money shall be paid into and form part of the General Revenue Fund of the Province, " (

b) if it be not in money shall vest in the Crown for the purposes of the Province.". 7. This Act comes into force on the day upon which it is foming assented to. orce into

No. 67 FIRST SESSION lWELFrH LEGISLATURE 2 ELIZABETH II 1953 BILL

An Act to amend The Agricultural Societies Act Received and read the First time ........................ . Second time ..................... . Third time ......................................... . HON. MR. URE Title: 1953 (12th, 1st) Bill 67,

An Act to amend The Agricultural Societies Act

Document details

Collection	Alberta — Bills
Citation	L12 S1 6735
Type	bill
Volume / chapter	L12 S1 6735
Language	en
Format	json
Source	PROVINCIAL
Identifier	8ba4a94a25f2756d1dcb5bba1a12a7e250926359

Source file is stored in the law ingest library (json).