1975 Bill 92 (Second Session) First Session, 18th Legislature, 24 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 92 THE RECREATION DEVELOPMENT AMENDMENT ACT, 1975 THE MINISTER OF RECREATION, PARKS AND WILDLIFE First Reading .............................. . Second Reading ............................ . Third Reading ............................. . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 92 BILL 92 1975 (Second Session) THE RECREATION DEVELOPMENT AMENDMENT ACT, 1975 (Assented' to , 1975) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Recreation Development Act is he.reby amended.

Section 8 is struck out and the following

section sub­ stituted therefor: 8.

(1) The council of a municipality may, by by-law, (

a) establish recreation areas in the municipality; (

b) provide recreation s'ervices in the municipality or in a recreation area within the municipality, or both; (

c) authorize agreements with other mun,icipalities or school authorities, or both, to provide for shared recreation servic'es: (

d) expend moneys to defray the cost of recreation serv­ ices provided under clauses (

b) and (c).

(2) For the purposes of subsection (1), the cost of a recreation service may include (

a) the cost of the construction of a capital work, (

b) any expenses of engineering, surveying, advertising and issuing of debentures incurred in the construc­ tion of a capital work, (

c) any expense incidental to the planning, design, en­ tering on, carrying out and completing of a capital work and raising the money to pay the: costs thereof, including discount and interest, (

d) the cost of maintaining staff, equipment, capital works and land, (

e) the rental of equipment and land, and (

f) all operating expenses, in connection with the recreation service.

Explanatory Notes I. This Bill will amend

chapter 314 of the Revised Statutes of Alberta 1970.

Section 8 presently reads: 8.

(1) The council of a municipality may, by by-law. (

a) provide a recreation service in such manner and on such conditions as it considers advisable, (

b) expend such sums as may be required to provide for the recreation services, (

c) establish recreation areas in municipalities, (

d) authorize agreements with other municipalities or school authorities, or both, to provide for shared recreation services, (

e) appropriate moneys for shared recreation services, and (

f) expend moneys for capital works related to a recreation service within the municipality or to recreation services shared with one or more muni­ cipalities or school authorities.

(2) The council of a municipality may by by-law levy a spe-cial tax on all property within a recreation area established by by-law or included in a joint program that appears on the assessment roll of the municipality.

(3) Notice of a proposed by-law to be passed pursuant to subsection (2) shall be advertised (

a) in the case of a city, by publishing a notice of the proposed by-law once each week for two successive weeks in a newspaper circulated within the city, (

b) in the case of a town, new town, or vinage, by posting within its boun­ daries notice of the proposed by-law in at least five conspicuous places for at least 30 days and by publishing a like notice in one issue of a news­ paper having general circulation within the town, new town or village, and (

c) in the case of a county, municipal district or school district, by posting notices in at least 15 conspicuous places for at least 30 days and by publishing a like notice in one issue of a newspaper having general circu­ lation in the county, municipal district or school district.

(4) The council may pass the by-law unless a petition is received by the council within 30 days of the date when the notice of the by-law was published in the newspaper from 10 per cent of the proprietary electors who reSide in the recreation area asking that the by-law be submitted to a vote of the proprietary electors who reside in the recreation area.

(5) If a petition is received asking that the by-law be submitted to a vote, the by-law shall be submitted to a vote of the proprietary electors who reside in the recreation area and shall not be passed by the council until it has been approved by a majority of the proprietary electors voting thereon. (6) Subsections (4) and (5) do not apply in the case of an improvement district or special area.

3. The following

section is added after

section 8: 9. Notwithstanding

section 93, subsection (1) of The Municipal Taxation Act, where a by-law under

section 8 provides for recreation services in a recreation area within a municipality, the tax levied to meet the cost thereof may be levied either upon the assessed property in that recrea­ tion area only or upon all assessed property in the munici­ pality. 4. This Act comes into force on the day upon which it is assented to. 2

s. This

section provides for taxation of property within a recre­ ation area without taxing the whole municipality. 2 Title: 1975 (18th, 1st) Bill 92, The Recreation Development Amendment Act, 1975