Alberta Regulation 202/2012

Provincial Parks Act

PROVINCIAL PARKS (GENERAL) AMENDMENT REGULATION

Filed: November 21, 2012

For information only: Made by the Minister of Tourism, Parks and Recreation

(M.O. 17/12) on November 15, 2012 pursuant to

section 12(2) of the Provincial Parks

Act.

1 The Provincial Parks (General) Regulation (AR 102/85) is

amended by this Regulation.

Section 50 is amended by striking out "December 1, 2012"

and substituting "December 1, 2017".

--------------------------------

Alberta Regulation 203/2012

Judgment Interest Act

JUDGMENT INTEREST AMENDMENT REGULATION

Filed: November 21, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 370/2012)

on November 21, 2012 pursuant to

section 4 of the Judgment Interest Act.

1 The Judgment Interest Regulation (AR 215/2011) is

amended by this Regulation.

Section 1 is amended by adding the following after

clause (t):

(

u) the interest rate from January 1, 2013 to December 31, 2013

is prescribed at 1.40% per year.

Alberta Regulation 204/2012

Municipal Government Act

COCHRANE COMMUNITY REVITALIZATION LEVY REGULATION

Filed: November 21, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 379/2012)

on November 21, 2012 pursuant to

section 381.5 of the Municipal Government Act.

Table of Contents

Definitions

2 Scope of Regulation

3 Establishment of community revitalization levy area

4 Community revitalization plan

5 Community revitalization levy bylaw

6 Borrowing bylaw

7 Preparation of assessments

8 Community revitalization assessment roll

9 Community revitalization levy roll

10 Community revitalization levy rate bylaw

11 Calculating amount of levy

12 Separate fund required

13 Application of Parts 9 to 12 of Act

14 Termination of a community revitalization levy bylaw

15 Expiry

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "assessment baseline" means the property assessment of each

property within the Cochrane Community Revitalization

Levy as of December 31, 2012;

(c) "community revitalization levy bylaw" means a bylaw

passed by the council to impose a levy in respect of the

incremental assessed value of property in the Cochrane

Community Revitalization Levy;

(d) "community revitalization levy rate" means the rate imposed

under a community revitalization levy bylaw for the

applicable assessment class or sub-class of property;

(e) "council" means the council of the Town of Cochrane;

(f) "incremental assessed value" has the meaning given to it in

section 381.1(

a) of the Act;

(g) "property" has the meaning given to it in

section 284(1)(

r) of

the Act;

(h) "Cochrane Community Revitalization Levy" means the

Town of Cochrane community revitalization levy area

established pursuant to

section 3.

Scope of Regulation

2(1) This Regulation applies only to property located in the Cochrane

Community Revitalization Levy.

(2) Sections 6 to 14 apply only if

(

a) the council passes a community revitalization levy bylaw in

respect of the Cochrane Community Revitalization Levy, and

(

b) the Lieutenant Governor in Council approves the community

revitalization levy bylaw.

Establishment of community revitalization levy area

3 This Regulation establishes a community revitalization levy area in

the Town of Cochrane, known as the Cochrane Community

Revitalization Levy, on the lands described in the Schedule.

Community revitalization plan

4(1) Before passing a community revitalization levy bylaw in respect

of the Cochrane Community Revitalization Levy the council must

(

a) prepare a community revitalization plan for the Cochrane

Community Revitalization Levy,

(

b) hold one or more public hearings on the proposed community

revitalization plan in accordance with

section 606 of the Act,

and

(

c) make and keep a record of any public hearings, and make the

results of those public hearings available to the public.

(2) A community revitalization plan must address

(

a) the objectives, risks and benefits associated with the plan,

(

b) the need for the plan, including substantiation that

redevelopment will not progress significantly in its absence,

(

c) the costs associated with the plan, including the amount and

timing of projected

(

i) redevelopment capital costs,

(ii) borrowing costs, and

(iii) other costs,

(

d) the revenues associated with the plan, including the amount

and timing of projected

(

i) community revitalization levies in respect of the

incremental assessed value of property in the Cochrane

Community Revitalization Levy,

(ii) general municipal revenues, and

(iii) other revenue sources,

(

e) the amount, timing and source of projected borrowings

associated with the plan, and the amount and timing of the

repayments,

(

f) a low, medium and high projection of estimated changes in

the incremental assessed value of property in the Cochrane

Community Revitalization Levy, and the consequent impact

on projected revenues from community revitalization levies,

(

g) how the municipality will fund any shortfall, in the event that

actual revenues associated with the plan are not sufficient to

provide for the actual costs and repayment of borrowings

associated with the plan,

(

h) the proposed land uses for the Cochrane Community

Revitalization Levy,

(

i) the proposed phasing of development in the Cochrane

Community Revitalization Levy,

(

j) the impact, if any, that the redevelopment of the Cochrane

Community Revitalization Levy will have on the residents of

that area,

(

k) which features, facilities and characteristics of the

municipality will be adversely affected by the redevelopment

of the Cochrane Community Revitalization Levy and what is

proposed to mitigate those effects,

(

l) which historically significant buildings in the Cochrane

Community Revitalization Levy will be conserved and

maintained and how they will be conserved and maintained,

and

(

m) the expected role of private sector developers in the

redevelopment of the Cochrane Community Revitalization

Levy.

(3) A community revitalization plan must be consistent with the land

use policies established by the Lieutenant Governor in Council under

section 622 of the Act.

Community revitalization levy bylaw

5(1) A community revitalization levy bylaw must include all of the

information required to be included in the community revitalization

plan.

(2) A community revitalization levy bylaw may be amended by the

council, but any amendments made have no effect unless they are

approved by the Lieutenant Governor in Council.

Borrowing bylaw

6 Despite sections 256 to 263 of the Act, a borrowing bylaw for the

purpose of implementing the community revitalization plan, in whole

or in part, must be advertised in accordance with

section 606 of the

Act.

Preparation of assessments

7 Assessments of property in the Cochrane Community

Revitalization Levy must be prepared in the same manner as similar

properties in the municipality in accordance with

Part 9 of the Act, as

modified by this Regulation.

Community revitalization assessment roll

8(1) The municipality must prepare annually, not later than February

28, a community revitalization assessment roll.

(2) A community revitalization assessment roll may be a continuation

of the assessment roll prepared under

Part 9 of the Act or may be

separate from that roll.

Community revitalization levy roll

9(1) The municipality must prepare a community revitalization levy

roll annually.

(2) A community revitalization levy roll may be a continuation of the

tax roll prepared under

Part 10 of the Act or may be separate from that

roll.

(3) A community revitalization levy roll must show the same

information that is required to be shown on the tax roll in accordance

with

section 329 of the Act.

Community revitalization levy rate bylaw

10(1) The council must pass a community revitalization levy rate

bylaw annually.

(2) A community revitalization levy rate bylaw must

(

a) set and show separately all of the community revitalization

levy rates that must be imposed to raise the revenue required

to meet the levy increment financing program and council's

approved budget, and

(

b) not be imposed in respect of property that

(

i) is exempt under

section 351, 361 or 362 of the Act,

(ii) is exempt under

section 363 of the Act, unless the bylaw

passed under

section 363 makes the property taxable, or

(iii) is made exempt from taxation by the bylaw passed

under

section 364 of the Act.

(3) A community revitalization levy rate must be equal to or greater

than the tax rates established annually for the corresponding property

tax bylaw for each assessment class or sub-class of property referred to

section 297 of the Act.

(4) A community revitalization levy rate bylaw may set out the class

and subclass tax rates for the municipal property tax, the tax rates for

any requisitions under

Part 10 of the Act and the community

revitalization levy rate.

Calculating amount of levy

11(1) The amount of the levy to be imposed in respect of property

located in the Cochrane Community Revitalization Levy is to be

calculated by multiplying the incremental assessed value of the

property by the community revitalization levy rate to be imposed on

that property.

(2) If a tax-exempt property in the Cochrane Community

Revitalization Levy becomes taxable or partially taxable, the

community revitalization levy for that property is to be calculated on a

prorated basis by applying the community revitalization levy rate to

the incremental assessed value of the taxable portion of the property.

(3) The community revitalization levy under subsection (2) is to be

applied beginning in the year that the property becomes taxable or

partially taxable.

(4) If a tax-exempt property in the Cochrane Community

Revitalization Levy becomes taxable or partially taxable, the

assessment baseline for that property shall be excluded from the

equalized assessment beginning in the year that the property becomes

taxable or partially taxable.

(5) If taxable property in the Cochrane Community Revitalization

Levy becomes tax exempt, no community revitalization levy is to be

applied to that property beginning in the year that the property

becomes exempt.

(6) If, after the community revitalization area has been established,

there is

(

a) a subdivision affecting the property within the Cochrane

Community Revitalization Levy, or

(

b) a consolidation of 2 or more properties within the Cochrane

Community Revitalization Levy,

in respect of which a community revitalization levy is payable, the

municipality must reallocate the assessment baseline to each of the

new properties in the year that the subdivision or consolidation occurs.

(7) If, after the community revitalization area has been established,

there are changes to the assessment class or assessment sub-class for a

property, the municipality may revise the assessment class or sub-class

applicable to the property assessment baseline to reflect those changes

with respect to future years.

Separate fund required

12 A community revitalization levy collected from the Cochrane

Community Revitalization Levy, and any interest earned from the

investment of that levy,

(

a) must

(

i) be accounted for separately from other levies collected,

and

(ii) be used only for the purposes specified in the

community revitalization plan for the Cochrane

Community Revitalization Levy;

(

b) may not be used to pay for any project or improvement that is

completed before the community revitalization levy bylaw is

approved by the Lieutenant Governor in Council.

Application of Parts 9 to 12 of Act

13 Except as modified by this Regulation, Parts 9 to 12 of the Act

relating to the assessment and taxation of property apply with the

necessary modifications to a community revitalization levy, and, for

that purpose, a reference in those Parts to

(

a) a tax imposed under

Part 10, Division 2 is deemed to be a

reference to a community revitalization levy,

(

b) a property tax bylaw is deemed to be a reference to a

community revitalization levy bylaw,

(

c) an assessment roll is deemed to be a reference to a

community revitalization assessment roll, and

(

d) a tax roll is deemed to be a reference to a community

revitalization levy roll.

Termination of a community revitalization levy bylaw

14 The community revitalization levy bylaw is terminated on the

earliest of the following:

(

a) at the end of a period of 20 years from the year in which the

community revitalization levy bylaw is approved by the

Lieutenant Governor in Council;

(

b) the date that all borrowings for the Cochrane Community

Revitalization Levy are repaid or recovered from the

revenues associated with the community revitalization plan;

(

c) an earlier date specified by the Lieutenant Governor in

Council.

Expiry

15 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on December 31, 2022.

Schedule

All lands in the Town of Cochrane contained in the area shown on the

following map and which may be described, approximately, as

follows:

Legal Description for Cochrane Community Revitalization Plan

Area Boundary

All of the lands in the Town of Cochrane contained within the Plan

area may be described as follows:

All the lands contained within the area commencing at the northeast

corner of the lands legally described as Block 12, Plan 771 1319;

thence southerly along the east boundary of said Block 12 to the

southeastern corner of said Block 12; thence easterly along the north

boundary of the road shown on Plan 1325JK (municipally known as

Railway Street) to the point of intersection with the northwest corner

of Road Plan 941 0377; thence easterly along the north boundary of

Road Plan 941 0377 to the point of intersection with the northern limit

of the road shown on Plan 771 1319; thence southeasterly to the

northwest corner of Condominium Plan 811 1822; thence southerly

along the east boundary of the road municipally known as

Charlesworth Avenue as shown on Plan 3761X and Plan 425HW to

the point of intersection with the south boundary of the Original Road

Allowance (municipally known as Griffin Road); thence westerly

along said Original Road Allowance to the point of intersection with

the east limit of Road Plan 031 0094; thence westerly along the south

boundary of Road Plan 031 0094 to its western limit; thence westerly

along the south boundary of the Original Road Allowance to a point of

intersection of the south boundary of the Original Road Allowance

with the west boundary of the road municipally known as Grande

Boulevard South as shown on Plan 071 6154 produced south; thence

northerly along said production of the west boundary of the road

municipally known as Grande Boulevard South as shown on Plan 071

6154 to the point of intersection of the west boundary of said road

produced north with the west boundary of the road municipally known

as Grande Boulevard South as shown on Plan 981 2656 produced

southwest; thence northeasterly along the production of the west

boundary of Grand Boulevard South as shown on Plan 981 2656 to the

southeast corner of Lot 12, Block 2, Plan 001 1685; thence westerly

along the south boundary of Block 2, Plan 001 1685 to the southwest

corner of Lot 7, Block 2, Plan 001 1685; thence northerly along the full

west boundary of Plan 001 1685 to the northwest corner of Lot 9,

Block 2, Plan 001 1685; thence northeasterly across the road

municipally known as Railway Street as shown on Plan 1325JK to the

southwest corner of Block 12, Plan 771 1319; thence northerly along

the west boundary of said Block 12 to the northwest corner thereof;

thence northerly across the Canadian Pacific Railway Plan RY10 to the

southwest corner of Lot 1, Block 3, Plan 851 1119; thence northerly

along the west boundary of said Lot 1 to the point of intersection of the

west boundary of said Lot 1 produced north to the north boundary of

First Street West as shown on Plan 2395H; thence easterly along the

north boundary of First Street West to the point of intersection of the

north boundary of said road with the east boundary of Lot 1, Block 3,

Plan 851 1119 produced north; thence southerly along the production

of the east boundary of Lot 1, Block 3, Plan 851 1119 to the point of

intersection with the north boundary of Block 12, Plan 771 1319;

thence easterly along the north boundary of said Block 12 to the point

of commencement.

Excepting Thereout: Lots 1 to 3 inclusive, Block G, Plan 991 2992;

Block G, Plan 1325JK; Parcel A, Plan 3282GN; Lots 1 to 3 inclusive,

Block H, Plan 1325JK; and Lots 4 to 6 inclusive, Block H, Plan 881

Map of Community Revitalization Levy Plan Area

Alberta Regulation 205/2012

Municipal Government Act

ELECTRIC ENERGY GENERATION EXEMPTION REGULATION

Filed: November 21, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 380/2012)

on November 21, 2012 pursuant to

section 603 of the Municipal Government Act.

Electric power systems exempt from taxation

1 Notwithstanding sections 358, 359.1(4) and 359.2(4) of the Act, the

Minister may in respect of a taxation year, to any extent the Minister

considers appropriate, exempt electric power systems intended for or

used in the generation of electricity from taxation for the purpose of

raising revenue needed to pay the requisitions referred to in

section

326(a)(ii) and (iii) of the Act.

Repeal

2 The Electric Energy Generation Exemption Regulation

(AR 158/2010) is repealed.

Expiry

3 This Regulation is made under

section 603(1) of the Act and is

subject to repeal under

section 603(2) of the Act.

Coming into force

4 This Regulation comes into force on January 1, 2013.

--------------------------------

Alberta Regulation 206/2012

Municipal Government Act

MUNICIPAL FINANCE CLARIFICATION REGULATION

Filed: November 21, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 381/2012)

on November 21, 2012 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

Definitions

2 Annual budget

3 Total expenditures

4 Accumulated surplus

5 Repeal

6 Expiry

7 Coming into force

Definitions

1 In this Regulation,

(a) "accounting standards" means the generally accepted

accounting principles for municipal governments

recommended from time to time by the Canadian Institute of

Chartered Accountants, including any recommendations of

the Public Sector Accounting Board;

(b) "Act" means the Municipal Government Act;

(c) "amortization" and "tangible capital assets" have the same

meaning as in the Public Sector Accounting Handbook,

published by the Canadian Institute of Chartered

Accountants, as amended from time to time;

(d) "annual budget" means a combined operating budget and

capital budget for the calendar year determined on a basis

consistent with accounting standards and the requirements of

Part 8 of the Act.

Annual budget

2(1) For the 2009 and subsequent calendar years, a municipality may

adopt an annual budget in a format that is consistent with its financial

statements.

(2) For the purposes of sections 247 and 248 of the Act, the adoption

of an annual budget is equivalent to the adoption of an operating

budget under

section 242 of the Act and a capital budget under

section

245 of the Act.

Total expenditures

3 For the purposes of sections 243(3) and 244(1) of the Act, the total

expenditures referred to in those sections do not include any

amortization on tangible capital assets, unless the amortization

(

a) is an amount required to provide for amortization of the

tangible capital assets of a municipality's municipal public

utilities as defined in

section 28 of the Act, and

(

b) relates to at least one year of the 3-year period referred to in

section 244(1) of the Act.

Accumulated surplus

4(1) For the 2009 and subsequent calendar years, the accumulated

surplus net of equity in tangible capital assets as shown on a

municipality's audited annual financial statements must not be less

than zero.

(2) If for any given year a municipality has an accumulated surplus

net of equity in tangible capital assets that is less than zero in

contravention of subsection (1), the Minister may, if the Minister

considers it necessary to do so, establish that municipality's annual

budget for the next calendar year, and that annual budget

(

a) is for all purposes the municipality's annual budget for that

calendar year, and

(

b) may not be amended or replaced by council.

Repeal

5 The Municipal Finance Clarification Regulation (AR 191/2010) is

repealed.

Expiry

6 This Regulation is made under

section 603(1) of the Act and is

subject to repeal under

section 603(2) of the Act.

Coming into force

7 This Regulation comes into force on December 18, 2012.

--------------------------------

Alberta Regulation 207/2012

Municipal Government Act

EXTENSION OF LINEAR PROPERTY REGULATION

Filed: November 21, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 382/2012)

on November 21, 2012 pursuant to

section 603 of the Municipal Government Act.

Linear property includes electric power system

1 Notwithstanding

section 284(1)(k)(

i) of the Act, linear property is

to be construed as including an electric power system intended for or

used in the generation of electricity owned or operated by a person

whose rates are not controlled or set by the Alberta Utilities

Commission or by a municipality or under the Small Power Research

and Development Act, but not including, unless the Minister otherwise

directs,

(

a) an electric power system that is owned or operated by a

person generating or proposing to generate electricity solely

for the person's own use, or

(

b) a micro-generation generating unit as defined in the

Micro-Generation Regulation (AR 27/2008).

Repeal

2 The Extension of Linear Property Regulation (AR 159/2010) is

repealed.

Expiry

3 This Regulation is made under

section 603(1) of the Act and is

subject to repeal under

section 603(2) of the Act.

Coming into force

4 This Regulation comes into force on January 1, 2013.

--------------------------------

Alberta Regulation 208/2012

Mines and Minerals Act

MINERAL RIGHTS COMPENSATION AMENDMENT REGULATION

Filed: November 21, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 386/2012)

on November 21, 2012 pursuant to

section 5 of the Mines and Minerals Act.

1 The Mineral Rights Compensation Regulation

(AR 317/2003) is amended by this Regulation.

Section 14 is amended by striking out "April 30, 2013" and

substituting "April 30, 2015".

--------------------------------

Alberta Regulation 209/2012

Land Agents Licensing Act

LAND AGENTS LICENSING AMENDMENT REGULATION

Filed: November 21, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 389/2012)

on November 21, 2012 pursuant to

section 25 of the Land Agents Licensing Act.

1 The Land Agents Licensing Regulation (AR 227/2001) is

amended by this Regulation.

Section 1(

h) is repealed and the following is substituted:

(h) "trainer" means a corporation or an individual that meets the

requirements of

section 3.1(5) and provides training for a

trainee to become a permanent land agent;

Section 3.1 is amended

(

a) by repealing subsection (1)(a)(

i) and substituting

the following:

(

i) an undertaking by the trainer to ensure that the trainee

will work under the supervision of one or more

permanent land agent licensees who meet the

requirements set out in subsection (6),

(

b) in subsection (1)(a)(iii)

(

i) by adding "in accordance with subsection (4)" after

"evaluation";

(ii) by adding "one or more" before "permanent";

(

c) by adding the following after subsection (3):

(4) A trainer must complete and file with the Registrar a

performance evaluation of the trainee within 14 days of the

expiry or termination of the training agreement or within such

other period approved by the Registrar.

(5) A trainer must,

(

a) in the case of a corporation, satisfy the Registrar that it

has the capacity to train a trainee under the supervision

of one or more permanent land agent licensees who

meet the requirements of subsection (6), or

(

b) in the case of an individual, be a permanent land agent

licensee who meets the requirements of subsection (6).

(6) A permanent land agent licensee who supervises a trainee

under a training agreement must have been actively involved in

land agent work and have held a permanent land agent licence

for at least 3 years immediately preceding the date the licensee

commences supervision of the trainee.

Section 5(1)(

a) is amended by striking out "section

3.1(1)(a)(i)" and substituting "section 3.1(6)".

5 The following is added after

section 6:

Identification

6.1(1) A land agent must carry identification issued by the Registrar

containing the information provided for in

Schedule 4 while

engaging in the activities of a land agent.

(2) A land agent must

(

a) at the commencement of negotiations for an interest in land,

advise the owner or owner's agent that the land agent is

licensed under the Land Agents Licensing Act and must

indicate the licence number and the class of licence held by

the land agent, and

(

b) produce the identification referred to in subsection (1) for

inspection

(

i) by the owner or the owner's agent at the first

opportunity after negotiations commence, or

(ii) by any other person who requests to see it.

Section 10.1(4) is repealed.

Section 12 is amended by striking out "2012" and

substituting "2017".

Schedule 1.1 is amended by striking out

section 1(3) and

substituting the following:

(3) The permanent land agents named in subsection (2) held a valid

permanent land agent licence and were actively involved in land

agent work for at least 3 years immediately preceding the date the

permanent land agents commenced supervision of (interim land

agent).

9 The following is added after

Schedule 3:

Schedule 4

(Section 6.1)

Land Agent's Identification Card

1 The land agent's identification card must include the following:

(

a) the signature of the land agent;

(

b) the full name of the land agent;

(

c) the class of licence held by the land agent;

(

d) the number of the licence held by the land agent;

(

e) the expiry date of the licence;

(

f) the signature of the Registrar.

--------------------------------

Alberta Regulation 210/2012

Health Information Act

DESIGNATION AMENDMENT REGULATION

Filed: November 27, 2012

For information only: Made by the Minister of Health (M.O. 72/2012) on November

26, 2012 pursuant to

section 108(2)(

a) of the Health Information Act.

1 The Designation Regulation (AR 69/2001) is amended by

this Regulation.

Section 3 is amended by striking out "November 30, 2012"

and substituting "November 30, 2013".

--------------------------------

Alberta Regulation 211/2012

Provincial Parks Act

PROVINCIAL PARKS (DISPOSITIONS) AMENDMENT REGULATION

Filed: November 28, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 392/2012)

on November 28, 2012 pursuant to

section 12 of the Provincial Parks Act.

1 The Provincial Parks (Dispositions) Regulation

(AR 241/77) is amended by this Regulation.

Section 85 is amended by striking out "December 1, 2012"

and substituting "January 31, 2013".

--------------------------------

Alberta Regulation 212/2012

City of Lloydminster Act

THE LLOYDMINSTER CHARTER

Filed: November 28, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 394/2012)

on November 28, 2012 pursuant to sections 3, 4 and 5 of the City of Lloydminster Act

and complementary to Order in Council numbered 595/2012 issued pursuant to The

City of Lloydminster Act (Saskatchewan).

Table of Contents

Definitions

Interpretation of certain terms

3 Saving

4 Principles and purposes of Charter

5 Crown not bound

6 Application of Alberta and Saskatchewan law

7 Application of municipal governance enactments

8 Other enactments

9 Intermunicipal disputes

10 Amendment to Charter by complementary order in council

11 Amendment to Charter requested by Council

Part 1

Purposes, Powers and Capacity of City

12 Legal status and capacity

13 City to act through Council

14 Interpreting the power to enact bylaws

15 Jurisdiction to enact bylaws

16 Territorial jurisdiction of Council

17 Paramountcy

Part 2

Special Powers

Division 1

Expropriation

18 Expropriation powers

Division 2

Roads

19 Control of roads

20 Land abutting roads

21 Road closure

22 Temporary road closure

23 Closure of provincial highways in Saskatchewan

part

24 Temporary roads and rights of way

25 Road names

Division 3

Public Utilities

General

Interpretation

27 Composition of system or works

28 Long-term supply agreements

29 Regulation of gas supply obtained from direct sellers

30 Other authorizations and approvals

Municipal Public Utilities

31 Prohibiting other public utilities

32 Duty to supply utility service

33 Parcels adjacent to roads and easements

34 Right of entry - main lines

35 Right of entry - meters

36 Service connections - owner

37 Service connections - City

38 Restoration and costs

39 Buildings

40 Discontinuing utility service

41 Liability for public utility charges

42 Appeal

Non-municipal Public Utilities

43 Granting rights to provide utility service

44 Prohibiting other non-municipal public utilities

45 Termination of utility service agreements

Division 4

Business Improvement Districts

46 Establishment

47 Estimates

48 Business improvement district tax

49 Tax where no business assessment

50 Payments in advance of tax

Division 5

Building Standards

51 Building codes

52 Fire code

Division 6

Police

53 Federal-municipal agreement

54 Municipal police service

55 Peace officers

Division 7

Consolidation and Revision of Bylaws

56 Consolidation

57 Revision

58 Bylaw adopting revised bylaws

59 Certain requirements deemed complied with

60 Effects of revised bylaws

61 References to repealed bylaws

62 Mistakes

Division 8

Miscellaneous Powers

63 Providing services outside the City

64 Intermunicipal sharing of taxes and grants

65 Civic holidays

66 Census

67 Bodies of water

68 Granting rights over property

69 Disposition of City lands

Part 3

Fundamental Changes

Division 1

Change of Name

70 Change of name

Division 2

Amalgamation

71 Amalgamation of school districts

Division 3

Annexation

72 Annexation of territory

73 Joint committee

Division 4

Boundaries

74 Location of boundaries

75 Deemed inclusion of acquired land

Part 4

School Divisions

76 The Education Act, 1995 (Saskatchewan) applies

77 School Act (Alberta) does not apply

78 Public and separate school divisions

79 Alberta residents

80 School affairs

81 Program of studies

82 School funding

83 School buildings

84 Alberta School Foundation Fund

85 School board elections

Part 5

Council and Council Committees

Division 1

Council and Council Committees

86 Council as governing body

87 Number of councillors

88 Council committees and bodies

89 Members of Council committees

90 Remuneration

Division 2

Elections

91 Election at large

92 Division of City into wards

93 Municipal wards commission

94 Establishing boundaries

95 Review

96 Hearings

97 Disestablishment of wards

98 The Local Government Election Act (Saskatchewan) applies

99 Local Authorities Election Act (Alberta) does not apply

100 Application of The Local Government Election Act (Saskatchewan)

Division 3

Deputy and Acting Mayor

101 Deputy and acting mayor

Division 4

Duties, Titles and Oaths of Office

102 General duties of councillors

103 General duties of Mayor

104 Titles of elected officials

105 Oath of elected officials

Division 5

Term of Office, Vacancies, Quorum and Voting

106 Term of office

107 Resignation

108 Election to fill vacancy

109 Vacancy in Mayor's office

110 Appointment of official administrator

111 Quorum

112 Voting

113 Majority decision

114 Public hearings

115 Recorded vote

116 Tied vote

Division 6

Passing Bylaws

117 Readings

118 Rescission of previous readings

119 Passing of bylaw

120 Coming into force of bylaw

121 Amendment and repeal

Division 7

Meetings

122 Actions in public

123 Meetings to be in public, exceptions

124 First meeting of Council

125 Notice of meetings

126 Special meetings

127 Method of giving notice

128 Meeting by electronic means

129 Submissions to Council under oath

Division 8

Pecuniary Interests of Members of Council

Interpretation

131 Pecuniary interest

132 Bylaw requiring filing of public disclosure statement

133 Declaration of pecuniary interest

134 Effect of pecuniary interest on quorum

135 Effect of pecuniary interest on agreements

Division 9

Disqualification of Members of Council

136 Reasons for disqualification

137 Enforcement of disqualification

138 Inadvertence or honest mistake

139 Appeal

140 Reimbursement

Part 6

City Organization and Administration

141 Council's principal role in City organization

142 Exercise of certain powers and duties

143 Delegation of authority by Council

144 Matters that must be dealt with by Council

145 City office

146 Certain offices to be established by Council

147 Commissioner

148 Incapacity of commissioner

149 Appointment, suspension or dismissal of commissioner

150 Clerk

151 Treasurer

152 Member of Council not eligible

153 Oath of office

154 Bonding

155 City documents

156 Preservation of public documents

157 Inspection of City documents

158 Evidence of City document

Part 7

Public Participation and Public Notice

159 Requirements for advertising

160 Rules for petitions

161 Petition sufficiency requirements

162 Who can petition

163 Number of petitioners

164 Other requirements for a petition

165 Counting petitioners

166 Report on sufficiency of petition

167 Meeting with the public

168 Improper conduct

169 Petition for meeting

170 Meeting if sufficient petition

171 Public hearings

172 Petitions for vote of electors - advertised bylaws and resolutions

173 Petitions for vote of electors - new bylaws

174 Council's duty on receiving certain petitions

175 Petitions respecting public vote bylaws

176 Result of a vote on a question

177 Vote of the electors - general provisions

178 The Local Government Election Act (Saskatchewan)

179 Delaying votes

180 One-year moratorium on similar subject-matter

181 Court application

182 Amendment or repeal of bylaw or resolution

Part 8

Financial Administration

Budgets

Definitions

184 Financial year

185 Regulation respecting debt limit

186 Adoption of operating budget

187 Contents of operating budget

188 Deficiency

189 Adoption of capital budget

190 Contents of capital budget

191 Tax bylaws

192 Expenditure of money

193 Civil liability of councillors

194 Borrowing bylaw

195 Debt limit

196 Use of borrowed money

197 Capital property

198 Exemption from borrowing conditions

199 Operating expenditures

200 Capital property - short-term borrowing

201 Capital property - long-term borrowing

202 Capital property - interim financing

203 Special works

204 Refinancing

205 Services or activities that are funded by agreement

206 Local improvements

207 Financial assistance

208 Types of aid

209 Loans and guarantees

210 Loan bylaws

211 Guarantee bylaw

212 Debt limit

213 Investments

214 Purchasing policy

215 City's accounts

216 Seal and signature

217 Validity of borrowings, financial assistance, loans and guarantees

218 Application of money borrowed

219 Civil liability of councillor

220 Annual financial statements

221 Financial information return

222 Returns and reports to Minister

223 Financial statements for controlled corporations

224 Auditors

225 Auditor's reports

226 Appointment of auditor

227 Access to information by auditors

Part 9

Assessment of Property

Interpretation

Division 1

Incorporation of Regulations

Respecting Assessment and Taxation

229 Alberta regulations apply

Division 2

Preparation of Assessments

230 Preparing annual assessments

231 Qualifications of assessors

232 Report by City

233 Assessments for property other than linear property

234 Land to be assessed as a parcel

235 Assessment of condominium unit

236 Assessment of strata space

237 Rules for assessing improvements

238 Assessments for linear property

239 Duties of assessors

240 Right to enter and inspect property

241 Duty to provide information

242 Court authorized inspection and enforcement

243 Assigning assessment classes to property

244 Non-assessable property

245 Bylaw respecting assessment of designated manufactured homes

246 Licensing of designated manufactured homes

247 Access to assessment record

248 Access to

summary of assessment

249 Right to release assessment information

Division 3

Assessment Roll

250 Preparation of roll

251 Contents of roll

252 Recording assessed persons

253 Correction of roll

254 Severability of roll

255 Inspection of roll

Division 4

Assessment Notices

256 Assessment notices

257 Contents of assessment notices

258 Sending assessment notices

259 Publication of notice

260 Correction of notice

Division 5

Preparation of Supplementary Assessments

261 Bylaw

262 Supplementary assessment

263 Supplementary assessment roll

264 Supplementary assessment notices

Division 6

Equalized Assessments

265 Definition

266 Preparation of equalized assessments

267 Duty to provide information

268 Sending equalized assessments to City

269 Appeal of equalized assessment

270 Alberta Minister's power to prepare assessments

271 Alberta Minister's power to quash assessments

272 Alberta Minister's power to alter an equalized assessment

273 Transitional - assessments for years prior to 2010 not affected

Part 10

Taxation

Division 1

General Provisions

Definitions

275 Tax roll

276 Duty to provide information

277 Contents of tax roll

278 Correction of roll

279 Person liable to pay taxes

280 Taxes imposed on January 1

281 Tax notices

282 Tax agreements

283 Contents of tax notice

284 Sending tax notices

285 Certification of date of sending tax notices

286 Deemed receipt of tax notice

287 Correction of tax notice

288 Incentives

289 Instalments

290 Deemed receipt of tax payment

291 Application of tax payment

292 Penalty for non-payment in current year

293 Penalty for non-payment in other years

294 Penalties

295 Cancellation, reduction, refund or deferral of taxes

296 Other claims

297 Tax due to City

298 Fire insurance proceeds

299 Tax certificates

300 Non-taxable property

301 Limitation of time for starting proceedings

Division 2

Property Tax

302 Property tax bylaw

303 Education property tax requisition

304 Method for collecting and remitting taxes and levy

305 Tax rates

306 Calculating tax rates

307 Calculating amount of tax

308 Special provision of property tax bylaw

309 Requisitions

310 Calculating rate of tax for educational purposes

311 Tax agreement

312 Exemptions from taxation

313 Exemptions granted by bylaw

314 Community organization property tax exemptions

315 Licensed premises

316 Grants in place of taxes

317 Property that is partly exempt and partly taxable

318 Changes in taxable status of property

319 Supplementary property tax bylaw

Division 3

Business Tax

320 Business tax bylaw

321 Taxable business

322 Person liable to pay business tax

323 Contents of business tax bylaw

324 Assessment not required

325 Exempt businesses

326 Exemption when tax is payable under Division 2

327 Business tax rate bylaw

328 Calculating amount of tax

329 Supplementary business tax bylaw

330 Grants in place of taxes

Division 4

Special Tax

331 Special tax bylaw

332 Taxable property

333 Contents of special tax bylaw

334 Condition

335 Use of revenue

336 Person liable to pay special tax

Division 5

Local Improvement Tax

337 Definition

338 Petitioning rules

339 Proposal of local improvement

340 Local improvement plan

341 Contents of plan

342 Procedure after plan is required

343 Local improvement tax bylaw

344 Contents of bylaw

345 Start-up of a local improvement

346 Person liable to pay local improvement tax

347 Payment of local improvement tax

348 Variation of local improvement tax bylaw

349 Variation of local improvement tax rate

350 Unusual parcels

351 City's share of the cost

352 Land required for local improvement

353 Exemption from local improvement tax

354 Sewers

355 Private connection to a local improvement

Division 6

Well Drilling Equipment Tax

356 Well drilling equipment tax bylaw

357 Person liable to pay the tax

358 Application of Alberta regulation

Division 7

Amusement Tax

359 Amusement tax bylaw

Division 8

Recovery of Taxes Related to Land

360 Recovery of taxes

361 Proof of debt

362 Right to real or personal property

Division 9

Recovery of Taxes Not Related to Land

Definitions

364 Methods of recovering taxes in arrears

365 Property occupied by tenant

366 Right to issue distress warrant

367 Seizure of goods

368 Goods affected by distress warrant

369 Date for issuing distress warrant

370 Right to pay tax arrears

371 Right to collect rent to pay tax arrears

372 Sale of property

373 Date of public auction

374 Transfer to City

375 Separate account for sale proceeds

376 Distribution of surplus sale proceeds

Division 10

Recovery of Licence Fees and Other Amounts

377 Seizure of designated manufactured home

378 Recovery of licence fee

379 Work or service under agreement

Division 11

Recovery of Taxes Related to Designated

Manufactured Homes

Definitions

381 Application

382 Methods of recovering taxes in arrears

383 Tax arrears list

384 Costs of recovery

385 Removal of designated manufactured home or improvements

386 Right to pay tax arrears

387 Right to collect rent to pay tax arrears

388 Warning of sale

389 Offer of designated manufactured home for sale

390 Reserve bid and conditions for sale

391 Right to possession

392 Advertisement of public auction

393 Adjournment of auction

394 Unencumbered ownership

395 Right to sell or dispose of designated manufactured home

396 Payment of tax arrears

397 Separate account for sale proceeds

398 Distribution of surplus sale proceeds

399 Payment of undistributed money to the City

400 Transfer to City after 10 years

401 Prohibited bidding and buying

402 Reporting requirements

403 Bylaw requiring reports

Insurance Proceeds

404 Action against issuer

405 Demolition or removal prohibited

406 Subsequent proceeding

407 Priority of distress

408 Overdue taxes recoverable by suit

Part 11

Assessment Review Boards

Division 1

Establishment and Function of Assessment Review Boards

Interpretation

410 Assessment review boards established

411 Appointment of members to local assessment review board

412 Appointment of members to composite assessment review board

413 Qualifications of members

414 Assessment review boards clerk

415 Acting members

416 Quorum

417 Complaints

418 Making of complaint

419 Jurisdiction of assessment review boards

420 Address to which a complaint is sent

421 Notice of assessment review board hearing

422 Absence from hearing

423 Proceedings before assessment review board

424 Notice to attend or produce

425 Protection of witnesses

Division 2

Decisions of Assessment Review Boards

426 Decisions of assessment review board

427 Assessment review board decisions

428 Costs of proceedings

429 Effect of order relating to costs

430 Notice of decision

431 Appeal

432 Decision on appeal

Division 3

General Matters

433 Referral of unfair assessment to Minister

434 Required changes to rolls

435 Right to continue proceedings

436 Obligation to pay taxes

437 Prohibition

438 Fees

439 Admissible evidence at hearing

440 Decision admissible on appeal

441 Immunity

Part 12

Municipal Government Board

Definitions

443 Qualifications of members

444 Jurisdiction of the Board

445 ALSA regional plans

446 Limit on Board's jurisdiction

Division 1

Hearings Before the Board

447 Form of complaint

448 Complaints about linear property

449 Duty of administrator on receiving complaint

450 Notice of hearing before the Board

451 Absence from hearing

452 Proceedings before the Board

453 Notice to attend or produce

454 Protection of witnesses

455 Decisions of the Board

456 Board decisions

457 Costs of proceedings

458 Effect of order relating to costs

459 Extension of time

460 Rehearing

461 Notice of decision

462 Decision final

463 Decision on appeal

464 Technical irregularities

465 Intervention by the City

Division 2

Inquiries by the Board

466 Referrals to the Board

467 Report

468 Referral of unfair assessment

469 Required changes to rolls

470 Right to continue proceedings

471 Obligation to pay taxes

472 Prohibition

473 Contempt

474 Rules respecting procedures

475 Powers of the Board

476 Admissible evidence at hearing

477 Decision admissible on judicial review

478 Immunity

479 Transitional - complaints made before this Charter in force

Part 13

Liability of the City, Enforcement of Municipal

Law and Other Legal Matters

Division 1

Liability of the City

480 Acting in accordance with statutory authority

481 Non-negligence actions

482 Exercise of discretion

483 Inspections and maintenance

484 Snow on roads - limitation of actions

485 Repair of roads, public places and public works

486 Things on or adjacent to roads

487 Limitation of actions

488 No limitation respecting taxes or debt

489 Action respecting illegal bylaw

490 Public works affecting land

491 Injurious affection claim - land in Alberta

492 Injurious affection claim - land in Saskatchewan

Division 2

Liability of Councillors and City Officers

493 Protection of councillors and city officers

Division 3

Challenging Bylaws and Resolutions

494 Application to the Court

495 Procedure

496 Validity relating to public participation

497 Reasonableness

498 Effect of councillor being disqualified

Division 4

Enforcement of Municipal Law

Definitions

500 City inspections and enforcement

501 Court-authorized inspections and enforcement

502 Inspecting meters

503 Order to remedy contraventions

504 Order to remedy dangers and unsightly property

505 Caveat or interest

506 Review by Council

507 Appeal

508 City remedying contraventions

509 City remedying dangers and unsightly property

510 Emergencies

511 Recovery of amounts owing by civil action

512 Adding amounts to tax roll

513 Adding amounts owing to property tax roll

514 Adding amounts owing to business tax roll

515 Injunction

516 City's costs in action

517 Bylaw enforcement officers

518 Powers and duties of bylaw enforcement officers

Division 5

Inquiries and Investigations

519 Commission

520 Inquiry

Division 6

Offences and Penalties

521 General offences

522 Offence applicable to officers

523 Unauthorized use of heraldic emblems

524 Documents used to enforce bylaws

525 Obstructing construction of public work or utilities

526 Stopcock

527 Operating a business without a licence

528 Prosecutions

529 Penalty

530 Order for compliance

531 Fines and penalties

532 Civil liability not affected

Part 14

General Ministerial Powers

533 Information

534 Inspection

535 Inquiry

536 Bank accounts

537 Directions and dismissal

538 Official administrator as supervisor

539 Remuneration for official administrator

540 Providing Ministers with copies and information

541 Delegation

542 Fees

543 Order to publish information

Part 15

Miscellaneous

544 References to enactments include amendments, replacements

545 References to time are to Mountain Standard Time

546 Calculation of time

547 Extension of time

548 Oath or affirmation

549 Use of forms

550 Service of documents

551 Sending documents

552 Adverse possession of land

553 Lost or unclaimed property

554 Unclaimed utility deposits

555 Certified copies

Part 16

Repeal and Coming into Force

556 Repeal

557 Coming into force

Schedule

Definitions

1 In this Charter, unless the context otherwise requires,

(a) "Act" means

(

i) in respect of Alberta, the City of Lloydminster Act

(Alberta);

(ii) in respect of Saskatchewan, The City of Lloydminster

Act (Saskatchewan);

(b) "Alberta" means the Province of Alberta;

(c) "Alberta Minister" means the Minister determined under

section 16 of the Government Organization Act (Alberta) as

the Minister responsible for the City of Lloydminster Act

(Alberta);

(d) "assessor", except as provided otherwise in

section 228(1)(e),

means the assessor appointed under

section 147(3)(

a) by the

commissioner;

(e) "auditor" means an auditor appointed under

section 224 or

226;

(f) "business" means any of the following activities, whether for

profit or not and however organized or formed:

(

i) a commercial, merchandising or industrial activity or

undertaking;

(ii) the carrying on of a profession, trade, occupation,

calling or employment;

(iii) an activity providing goods or services;

(g) "by-election" means a by-election within the meaning of The

Local Government Election Act (Saskatchewan), as that Act

applies to the City pursuant to Division 2 of

Part 5;

(h) "clerk" means the clerk appointed under

section 147(3)(

a) by

the commissioner;

(i) "commissioner" means the person appointed under

section

147(1) as commissioner;

(j) "complementary ministerial orders" means an order of the

Alberta Minister and an order of the Saskatchewan Minister

expressed as being complementary to one another;

(k) "complementary orders in council" means an order of the

Lieutenant Governor in Council of Alberta and an order of

the Lieutenant Governor in Council of Saskatchewan

expressed as being complementary to one another;

(l) "controlled corporation" means a corporation

(

i) in which the City holds securities, other than by way of

security only, to which are attached more than 50% of

the votes that may be cast to elect the directors of the

corporation and that, if exercised, are sufficient to elect

a majority of the directors of the corporation, or

(ii) all or a majority of whose members or directors are

appointed by the City;

(m) "Council" means the council of the City;

(n) "councillor" means a member of Council other than the

Mayor and includes an alderman;

(o) "Court" means,

(

i) in respect of a matter arising in Alberta, the Court of

Queen's Bench of Alberta, and

(ii) in respect of a matter arising in Saskatchewan, the Court

of Queen's Bench for Saskatchewan;

(p) "Crown" means the Crown in right of Alberta, Saskatchewan

or Canada;

(q) "dedicated lands" means lands dedicated in Saskatchewan

pursuant to

Part IX of The Planning and Development Act,

2007 (Saskatchewan) as buffer strips, environmental reserve,

municipal reserve, public reserve and walkways;

(r) "designated officer" means

(

i) a person designated by Council, or

(ii) a person to whom the commissioner has delegated a

power or authority;

(s) "elector", for the purposes of election of members of

Council, for votes on bylaws and for votes on questions,

means a person who, on the day of the election

(

i) is a Canadian citizen,

(ii) is of the full age of 18 years,

(iii) either

(

A) has resided in the City or on land now in the City

for at least 3 months immediately preceding the

day of the election, or

(

B) is the owner of assessable land situated in the City

or of land now situated in the City for at least 3

months immediately preceding the day of the

election,

and

(iv) has resided in Alberta or Saskatchewan for at least 6

months immediately preceding the day of the election;

(t) "enactment" means

(

i) this Charter,

(ii)

an Act of the Legislature of Alberta or Saskatchewan or

a regulation made under

an Act of the Legislature of

Alberta or Saskatchewan, or

(iii)

an Act of the Parliament of Canada or a statutory

instrument made under

an Act of the Parliament of

Canada;

(u) "general election" means an election to elect all the members

of Council pursuant to

section 5 of The Local Government

Election Act (Saskatchewan), as that Act applies to the City

pursuant to Division 2 of

Part 5;

(v) "Indian band" means a band within the meaning of the Indian

Act (Canada) and includes the council of a band;

(w) "Indian reserve" means a reserve within the meaning of the

Indian Act (Canada);

(x) "justice of the peace" means

(

i) in respect of a matter arising in Alberta, a justice of the

peace designated as a sitting justice of the peace or as a

presiding justice of the peace under

section 4(2) of the

Justice of the Peace Act (Alberta), or

(ii) in respect of a matter arising in Saskatchewan, a justice

of the peace as defined in The Justices of the Peace Act,

1988 (Saskatchewan);

(y) "Land Compensation Board" means the Land Compensation

Board established under the Expropriation Act (Alberta);

(z) "Land Titles Office of Alberta" means a Land Titles Office

established under the Land Titles Act (Alberta);

(aa) "local authority" means

(

i) a municipal authority,

(ii) a regional health authority under the Regional Health

Authorities Act (Alberta) or The Regional Health

Services Act (Saskatchewan),

(iii) the board of trustees of a district or division as defined

in the School Act (Alberta), or

(iv) a board of education or conseil scolaire as defined in

The Education Act, 1995 (Saskatchewan);

(bb) "market value" means the amount that a property, as defined

section 228(1)(y), might be expected to realize if it were

sold on the open market by a willing seller to a willing buyer;

(cc) "Mayor" means the person elected as Mayor pursuant to

section 91(1);

(dd) "member of Council" means the Mayor or a councillor;

(ee) "Ministers" means the Alberta Minister and the

Saskatchewan Minister;

(ff) "Municipal Government Board" means the Municipal

Government Board of Alberta established pursuant to

Part 12

of the Municipal Government Act (Alberta) and includes any

panel of the Municipal Government Board;

(gg) "natural person powers" means the capacity, rights, powers

and privileges of a natural person;

(hh) "occupant" includes

(

i) a person residing on land or in a building,

(ii) a person entitled to the possession of land or a building

if there is no person residing on the land or in the

building, and

(iii) a leaseholder;

(ii) "other municipality" means a municipality as defined in the

Municipal Government Act (Alberta) or The

Interpretation

Act, 1995 (Saskatchewan) but does not include the City;

(jj) "owner" means,

(

i) in respect of unpatented land, the Crown,

(ii) in respect of other land, a person who is registered

pursuant to the Land Titles Act (Alberta) or The Land

Titles Act, 2000 (Saskatchewan) as the owner of the

land, and

(iii) in respect of any property other than land, a person in

lawful possession of that property;

(kk) "parcel of land" means

(

i) in the case of a subdivision, any lot or block shown on a

plan of subdivision that is registered in a Land Titles

Office of Alberta or in the Saskatchewan Land Titles

Registry,

(ii) if a building affixed to the land that would without

special mention be transferred by a transfer of land has

been erected on 2 or more lots or blocks shown on a

plan of subdivision that is registered in a Land Titles

Office of Alberta or in the Saskatchewan Land Titles

Registry, all those lots or blocks, and

(iii) a quarter-section of land according to the system of

surveys under the Surveys Act (Alberta) or The Land

Surveys Act, 2000 (Saskatchewan) or any other area of

land described on a certificate of title that is registered

in a Land Titles Office of Alberta or in the

Saskatchewan Land Titles Registry;

(ll) "person" includes an Indian band;

(mm) "population", in respect of the City, means the total

population of the City obtained by adding the population of

the part of the City located in Alberta, as determined in

accordance with the latest census taken pursuant to the

Statistics Act (Canada), to the population of the part of the

City located in Saskatchewan as determined in the same

manner;

(nn) "provinces" means Alberta and Saskatchewan;

(oo) "provincial court judge" means,

(

i) in respect of a matter arising in Alberta, a judge of the

Provincial Court of Alberta appointed or deemed to

have been appointed under the Provincial Court Act

(Alberta) and includes a Chief Judge, Deputy Chief

Judge, Assistant Chief Judge, part-time judge and

supernumerary judge under that Act, and

(ii) in respect of a matter arising in Saskatchewan, a judge

of the Provincial Court of Saskatchewan appointed or

deemed to have been appointed pursuant to The

Provincial Court Act, 1998 (Saskatchewan) and

includes a chief judge, associate chief judge, temporary

judge and any other judge appointed under that Act;

(pp) "public utility" means a system or works used to provide one

or more of the following for public consumption, benefit,

convenience or use:

(

i) water or steam;

(ii) sewage disposal;

(iii) public transportation operated by or on behalf of the

City;

(iv) irrigation;

(

v) drainage;

(vi) fuel, including natural gas;

(vii) electrical power;

(viii) heat;

(ix) waste management;

(

x) residential or commercial street lighting;

(xi) any other system or works that are provided for public

consumption, benefit, convenience or use;

(qq) "resident" means a person residing within the City's

boundaries;

(rr) "road" means land

(

i) shown as a road on a plan of survey that has been filed

or registered in a Land Titles Office of Alberta or in the

Saskatchewan Land Titles Registry, or

(ii) used as a public road,

and includes a bridge forming part of a public road and any

structure incidental to a public road;

(ss) "Saskatchewan" means the Province of Saskatchewan;

(tt) "Saskatchewan Land Titles Registry" means the Land Titles

Registry established under The Land Titles Act, 2000

(Saskatchewan);

(uu) "Saskatchewan Minister" means the minister to whom the

administration of The City of Lloydminster Act

(Saskatchewan) is assigned under The Government

Organization Act (Saskatchewan);

(vv) "tax" means

(

i) a property tax,

(ii) a business tax,

(iii) a business improvement district tax,

(iv) a special tax,

(

v) a local improvement tax,

(vi) an amusement tax, and

(vii) a well drilling equipment tax;

(ww) "taxpayer" means a person who is liable to pay a tax;

(xx) "treasurer" means the treasurer appointed under

section

147(3)(

a) by the commissioner.

Interpretation of certain terms

2(1) Words and expressions used in the Act and also used in this

Charter but not defined in this Charter are to be interpreted

(

a) as defined in the Act, if the Act defines the word or

expression, or

(

b) within the meaning of the Act, if the Act does not define the

word or expression.

(2) A reference in this Charter to a department or ministry of the

government of Alberta or Saskatchewan is to be interpreted as

including any successor of that department or ministry, and a reference

to the Minister of a department or ministry is to be interpreted as

including the Minister of any successor department or ministry.

Saving

3 Nothing in this Charter shall be construed as purporting to legislate

beyond the authority of either province.

Principles and purposes of Charter

4(1) This Charter recognizes that

(

a) the City, as a local government,

(

i) is a responsible and accountable level of government

within its jurisdiction, being created and empowered by

both Alberta and Saskatchewan,

(ii) has unique interests and challenges due to the fact that

the City is located partly in Alberta and partly in

Saskatchewan, and

(iii) is subject to certain limits and restrictions in the interest

of the provinces as set out in this Charter and certain

other enactments,

and

(

b) absent modification, the application of the legislation of

Alberta in one part of the City and the legislation of

Saskatchewan in the other part of the City may cause

disparities within the City.

(2) Having regard to the principles set out in subsection (1), the

purposes of this Charter are the following:

(

a) to provide the legal structure and framework within which

the City must govern itself and make the decisions that it

considers appropriate and in the best interests of its residents;

(

b) to seek

(

i) to harmonize the operation of the legislation of Alberta

and Saskatchewan in the City,

(ii) to adopt for the City, where possible, either the

legislation of Alberta or Saskatchewan on particular

matters, and

(iii) to avoid the duplication of legislation in the City;

(

c) to provide the City with the powers, duties and functions

necessary to fulfil its purposes;

(

d) to provide the City with the flexibility to respond to the

existing and future needs of its residents in creative and

innovative ways;

(

e) to ensure that, in achieving these objectives, the City is

accountable to the people who elect its Council and is

responsible for encouraging and enabling public participation

in the governance process.

Crown not bound

5 This Charter does not bind the Crown or affect the Crown or any of

the Crown's prerogatives and, for greater certainty and without

limiting the generality of the foregoing, the property of the Crown is

exempt from taxation pursuant to the provisions of this Charter.

Application of Alberta and Saskatchewan law

6 The approved enactments apply to the whole City

(

a) except to the extent that they are made inapplicable, either

directly or by implication, by this Charter or by

complementary orders in council, and

(

b) with the modifications provided, either directly or by

implication, by this Charter or by complementary orders in

council.

Application of municipal governance enactments

7(1) Subject to subsections (2) and (3), the following Acts and

regulations are declared to cease to operate in any part of the City:

(

a) the Municipal Government Act (Alberta);

(

b) The Cities Act (Saskatchewan);

(

c) The Municipalities Act (Saskatchewan);

(

d) regulations made under

an Act referred to in clause (a), (

b) or

(c).

(2) Part 17 of the Municipal Government Act (Alberta) and all

regulations made under that Part are declared to be approved

enactments and to apply to the whole City, except in respect of

(

a) disputes referred to in

section 9, and

(

b) subdivision and replotting in respect of land situated in the

part of the City located in Saskatchewan.

(3) Regulations incorporated into this Charter by sections 29(2),

185(1), 229(1) and 358(1) are declared to be approved enactments and

to apply to the whole City.

Other enactments

8(1) The following Acts and regulations of Saskatchewan are declared

to cease to operate in any part of the City:

(

a) The Fire Departments Platoon Act;

(

b) The Pest Control Act;

(

c) regulations made under

an Act referred to in clause (

a) or (b).

(2) The following Acts and regulations of Alberta are declared to be

approved enactments and to apply to the whole City:

(

a) the Agricultural Pests Act;

(

b) the Emergency Management Act;

(

c) regulations made under

an Act referred to in clause (

a) or (b).

(3) The following Acts and regulations of Saskatchewan are declared

to be approved enactments and to apply to the whole City:

(

a) The Public Health Act;

(

b) The Public Health Act, 1994;

(

c) The Residential Services Act;

(

d) The Saskatchewan Water Corporation Act;

(

e) The Saskatchewan Watershed Authority Act, 2005;

(

f) notwithstanding the Freedom of Information and Protection

of Privacy Act (Alberta), The Local Authority Freedom of

Information and Protection of Privacy Act;

(

g) regulations made under

an Act referred to in any of clauses

(

a) to (f).

Intermunicipal disputes

9 If the City has a dispute with another municipality, that dispute may

be dealt with according to the intermunicipal dispute law of the

province in which that other municipality is located.

Amendment to Charter by complementary order in council

10 This Charter may at any time be amended by complementary

orders in council.

Amendment to Charter requested by Council

11(1) Council may make a request, in writing, to the Ministers that

the provinces, by complementary orders in council, remedy a problem

that is or will be caused by the operation of

an Act of Alberta in one

part of the City and

an Act of Saskatchewan in the other part of the

City.

(2) In making a request pursuant to subsection (1), Council may

propose that

(

a) the Act of Alberta apply to the whole City,

(

b) the Act of Saskatchewan apply to the whole City,

(

c) certain provisions of the Act of Alberta and certain

provisions of the Act of Saskatchewan apply to the whole

City, or

(

d) neither the Act of Alberta nor the Act of Saskatchewan apply

to the City, but provisions that address the unique

circumstances found in the City are to be adopted and are to

apply to the whole City.

(3) On receiving a proposal from Council pursuant to this section, the

provinces may, by complementary orders in council, adopt the

proposal of Council or any other solution they consider appropriate to

remedy a problem caused by the operation of

an Act of Alberta in one

part of the City and

an Act of Saskatchewan in the other part of the

City.

(4) Complementary orders in council made pursuant to subsection (3)

(

a) supersede the relevant statutory provisions of the provinces,

and

(

b) are the applicable law in the whole City.

Part 1

Purposes, Powers and

Capacity of City

Legal status and capacity

12(1) The City is continued as a municipal corporation under the

name of "The City of Lloydminster".

(2) The purposes of the City are the following:

(

a) to provide good government;

(

b) to provide services, facilities or other things that, in the

opinion of Council, are necessary or desirable for all or a part

of the City;

(

c) to develop and maintain a safe and viable community;

(

d) to foster economic, social and environmental well-being;

(

e) to provide wise stewardship of public assets.

(3) For the purpose of carrying out its powers, duties and functions,

the City has the capacity and, subject to any limitations contained in

this Charter or another enactment, the rights, powers and privileges of

a natural person.

City to act through Council

13(1) Unless otherwise provided by this Charter or by another

enactment, the City is required to act through Council.

(2) If required to do so by this Charter, Council must exercise a power

through the passing of bylaws.

(3) Council may exercise powers other than those referred to in

subsection (2) by passing bylaws or resolutions.

Interpreting the power to enact bylaws

14 The power of the City to pass bylaws is to be interpreted broadly

for the purposes of

(

a) providing a broad authority to Council and respecting

Council's right to govern the City in whatever manner

Council considers appropriate, within the jurisdiction

provided to Council by law, and

(

b) enhancing Council's ability to respond to present and future

issues in the City.

Jurisdiction to enact bylaws

15(1) The City has a general power to pass any bylaws for municipal

purposes that it considers expedient in relation to the following matters

respecting the City:

(

a) the peace, order and good government of the City;

(

b) the safety, health and welfare of people and the protection of

people and property;

(

c) people, activities and things in, on or near a public place or

place that is open to the public;

(

d) nuisances, including unsightly property, activities or things

that affect the amenity of a neighbourhood;

(

e) transport and transportation systems, including carriers of

persons or goods;

(

f) subject to the Traffic Safety Act (Alberta) and The Traffic

Safety Act (Saskatchewan), the use of vehicles and the

regulation of pedestrians;

(

g) roads, including temporary and permanent openings and

closings;

(

h) businesses, business activities and persons engaged in

business;

(

i) services provided by or on behalf of the City;

(

j) public utilities;

(

k) wild and domestic animals and activities in relation to them.

(2) The City has the power to pass bylaws respecting the enforcement

of bylaws made pursuant to this Charter or another enactment,

including any or all of the following:

(

a) creating offences, including continuing offences;

(

b) for each offence committed by an individual, imposing a fine

not exceeding $10 000 or providing for imprisonment for not

more than one year, or both;

(

c) for each offence committed by a corporation, imposing a fine

not exceeding $25 000 or providing for imprisonment of the

directors of the corporation for not more than one year, or

both;

(

d) for each continuing offence, imposing a maximum daily fine,

the total accumulation of which is not limited by the

maximum fine set out in clause (

b) or (c);

(

e) providing for the imposition of a penalty for an offence that

is in addition to a fine or imprisonment so long as the penalty

relates to a fee, cost, charge, rate or toll that is associated

with the conduct that gives rise to the offence;

(

f) providing that a specified penalty prescribed under the

Provincial Offences Procedure Act (Alberta) or The

Summary Offences Procedure Act, 1990 (Saskatchewan) is

reduced by a specified amount if the penalty is paid within a

specified time;

(

g) providing for imprisonment for not more than one year for

non-payment of a fine or penalty;

(

h) providing that a person who contravenes a bylaw may pay an

amount established by bylaw within a stated period and that,

if the amount is paid, the person will not be prosecuted for

the contravention;

(

i) providing for inspections to determine if bylaws are being

complied with;

(

j) remedying contraventions of bylaws, including providing for

moving, seizing, impounding, destroying or otherwise

dealing with or disposing of any type of real or personal

property, including animals.

(3) Without restricting the generality of subsection (1), the power to

pass bylaws given by this Charter is to be interpreted as including the

power to do all or any of the following:

(

a) regulate or prohibit;

(

b) deal with any development, activity, industry, business or

thing in different ways, and, in so doing, to divide each of

them into classes or subclasses and deal with each class or

subclass in different ways;

(

c) provide for a system of licences, inspections, permits or

approvals, including any or all of the following:

(

i) establishing fees for the activity authorized, including

fees that may be in the nature of a reasonable tax or for

the purpose of raising revenue;

(ii) establishing fees that are higher for persons who do not

reside or maintain a place of business in the City or for

businesses that are not located in the City, compared

with the fees for persons or businesses in the City;

(iii) prohibiting any development, activity, industry,

business or thing until a licence, permit or approval has

been granted or an inspection has been performed;

any licence, permit or approval and setting out the

them;

(

v) prescribing the rates that holders of licences, permits or

approvals may charge their customers;

(vi) setting out the conditions that must be met before a

licence, permit or approval is granted or renewed, the

nature of the conditions and who may impose them;

(vii) providing for the duration of licences, permits and

approvals and their suspension or cancellation for

failure to comply with a term or condition of the bylaw

or for any other reason specified in the bylaw;

(viii) determining the manner in which any licence, permit or

approval is to be allocated;

(

d) within the City or within any defined area of the City,

(

i) prohibit a business or class of business from operating,

(ii) limit the number of businesses in a particular class of

business that may operate, or

(iii) specify a minimum distance that 2 or more businesses

within a class or 2 or more classes of business must be

separated from one another;

(

e) provide for an appeal, the body that is to decide the appeal,

and related matters.

Territorial jurisdiction of Council

16(1) The jurisdiction of Council is exercisable

(

a) within the boundaries of the City, and

(

b) unless otherwise expressly provided in this Charter or

another enactment, in respect of the regulation of activities

on land, buildings or structures that are outside the

boundaries of the City and that belong to or are under the

control and management of the City.

(2) If there is a conflict between a bylaw enacted by Council pursuant

to subsection (1)(

b) and a bylaw of the other municipality in which the

land, buildings or structures to which the bylaw relates are located, the

bylaw of the other municipality prevails to the extent of the conflict.

Paramountcy

17 If there is a conflict between a bylaw or resolution and this

Charter or another enactment, the bylaw or resolution is of no effect to

the extent of the conflict.

Part 2

Special Powers

Division 1

Expropriation

Expropriation powers

18(1) Council may acquire for any municipal purpose any land within

or outside the City that Council deems it expedient to acquire.

(2) Council may purchase land within or outside the City for resale or

lease for residential, industrial or commercial purposes and may,

before disposing of the land or any part of the land, subdivide the land

for building purposes.

(3) If Council wishes to acquire land for any purpose authorized by

this Charter and cannot acquire the land by agreement with the owner,

Council may take expropriation proceedings pursuant to the

Expropriation Act (Alberta) or The Municipal Expropriation Act

(Saskatchewan), as the case requires.

(4) Council shall not expropriate an estate or interest in mines or

minerals.

(5) If Council is of the opinion that the City can obtain a more

reasonable price or other advantage by acquiring the whole or a larger

part of any parcel of land of which a part may be expropriated by the

City, the City may expropriate the whole or the larger part of the

parcel.

(6) If the City's notice of intention to expropriate proposes to

expropriate a part of a parcel of land, the owner of the parcel may,

whether the parcel is located wholly in Alberta or Saskatchewan or

partly in each province, apply to the Land Compensation Board to

direct the City to expropriate the whole of the parcel.

(7) On an application under subsection (6), the Land Compensation

Board may direct the City to expropriate the whole of the parcel of

land if, in the Board's opinion, the expropriation of a part of the parcel

would be unfair to the owner of the parcel.

Division 2

Roads

Control of roads

19(1) Subject to this Charter and all other enactments, the City has the

direction, control and management of all roads within the City.

(2) The Lieutenant Governor in Council of Alberta may, by order,

direct that the whole or any part of any highway, bridge or stream not

wholly within the City but wholly within Alberta is subject to the

direction, control and management of Council for the public use of the

City.

(3) The Lieutenant Governor in Council of Saskatchewan may, by

order, direct that the whole or any part of any public highway, bridge

or stream not wholly within the City but wholly within Saskatchewan

is subject to the direction, control and management of Council for the

public use of the City.

(4) The title to every road in the City that is located wholly in Alberta

is vested in the City unless another enactment or agreement provides

otherwise.

(5) Nothing in this

section gives the City title to mines and minerals.

Land abutting roads

20 If the City acquires land abutting a road intending that the land

will become part of the road and, before the land is incorporated into

the road, the City grants to an adjoining land owner a licence or permit

to occupy the land, the land subject to the licence or permit is deemed

to be part of the road.

Road closure

21(1) Council may, by bylaw, provide for closing, selling or leasing

(

a) any road in the City the title to which is not vested in the

Crown, or

(

b) any road in the City the title to which is vested in the Crown

in right of Alberta or Saskatchewan, if consent is first

obtained from the appropriate member of the Executive

Council of that province.

(2) Council must give public notice before initially considering any

report on a proposed bylaw to close a road.

(3) Before passing a bylaw closing a road, Council must give a person

who claims to be affected prejudicially by the bylaw, or that person's

agent, an opportunity to be heard by Council.

(4) A person whose land is injuriously affected by a bylaw passed

pursuant to this

section is entitled to be compensated for damages

caused to the land by reason of anything done pursuant to the bylaw.

(5) If the amount of compensation for damages is not agreed on,

compensation is to be determined in the same manner and subject to

the same conditions as in the cases provided for by the Expropriation

Act (Alberta) or The Municipal Expropriation Act (Saskatchewan), as

the case requires.

(6) Subsections (2) to (5) do not apply to that part of a road

immediately adjacent to private land and known as a boulevard, not

developed as a road or sidewalk and leased to the owner of that private

land.

(7) Every lease referred to in subsection (6) is deemed to contain a

provision that

(

a) access to any other land is not to be interfered with, and

(

b) the lease is subject to any easement or right of way for the

purpose of providing public utility services.

(8) This

section does not apply to a temporary road or right of way

established under

section 24.

Temporary road closure

22(1) Notwithstanding

section 19 but subject to

section 21(2),

Council, by resolution, or a designated officer may temporarily close

the whole or a part of a road at any time for any purpose considered

necessary by Council or the designated officer, without complying

with the requirements set out in

section 19.

(2) Any person using a temporarily closed road

(

a) does so at the person's own risk,

(

b) has no right to recover damages in case of accident or injury,

and

(

c) is liable for any damage or injury resulting from that use.

Closure of provincial highways in Saskatchewan

part

23(1) In this section, "road" means a road that

(

a) is any part of a provincial highway as defined in The

Highways and Transportation Act, 1997 (Saskatchewan), or

(

b) provides continuity to a provincial highway and for which

there is a plan on file in the Ministry of Highways and

Infrastructure for Saskatchewan.

(2) Subject to subsection (3), the Council or a designated officer must

not temporarily close a road in the part of the City situated in

Saskatchewan without notifying the Minister of Highways and

Infrastructure for Saskatchewan of the proposed temporary closure

(

a) at least 20 days before the effective day of the closure, or

(

b) within any shorter period that the Minister of Highways and

Infrastructure for Saskatchewan may allow.

(3) Subsection (2) does not apply in an emergency.

Temporary roads and rights of way

24(1) In this section, "private land" means land that is not owned by

the Crown or its agents.

(2) Council may, by bylaw, open a temporary road or a temporary

right of way on private land.

(3) A temporary road or right of way established in accordance with

this

section may be kept open for not more than 2 years.

(4) The owner and occupant of land over which the temporary road or

right of way passes are entitled to compensation from the City for the

use of the temporary road or right of way and for loss or damage

caused by the temporary road or right of way.

(5) If the amount of compensation for damages is not agreed on,

compensation is to be determined in the same manner and subject to

the same conditions as in the cases provided for by the Expropriation

Act (Alberta) or The Municipal Expropriation Act (Saskatchewan), as

the case requires.

Road names

25(1) The City may name roads or areas within its boundaries and

may assign a number or other means of identification to buildings or

parcels of land.

(2) The City may require an owner or occupant of a building or parcel

of land to display the identification assigned to it pursuant to

subsection (1) in a certain manner.

Division 3

Public Utilities

General

Interpretation

26 In this Division,

(a) "Alberta Utilities Commission" means the Alberta Utilities

Commission established by the Alberta Utilities Commission

Act;

(b) "customer" has the meaning given to it in the Electric

Utilities Act (Alberta);

(c) "easement" means an easement, interest or right held by the

City for the purpose of locating the system or works of a

municipal public utility;

(d) "municipal public utility" means the system or works of a

public utility operated by or on behalf of the City or a

subsidiary of the City other than under an agreement referred

to in

section 43;

(e) "municipal utility service" means a utility service provided

by a municipal public utility;

(f) "retailer" has the meaning given to it in the Electric Utilities

Act (Alberta);

(g) "service connection" means the part of the system or works

of a public utility that runs from the main lines of the public

utility to a building or other place on a parcel of land for the

purpose of providing the utility service to the parcel and

includes those parts of the system or works referred to in

section 27;

(h) "subsidiary" means a subsidiary of the City within the

meaning of

section 1(3) of the Electric Utilities Act

(Alberta);

(i) "utility service" means the thing that is provided by the

system or works of a public utility.

Composition of system or works

27 When the system or works of a public utility involve pipes, wires

or other things that connect to a building, the system or works include

the following parts:

(

a) any pipes, wires or other things

(

i) running up to the building,

(ii) located on or within the exterior walls of the building,

(iii) running from the exterior walls to couplings, stopcocks,

meters and other apparatus placed inside the building by

the City or person providing the public utility;

(

b) any couplings, stopcocks, meters and other apparatus referred

to in clause (a)(iii).

Long-term supply agreements

28(1) If Council proposes to make an agreement to supply water,

steam or fuel to a public utility for a period that, with rights of renewal,

could exceed 5 years, the agreement must be approved by the Alberta

Utilities Commission before it is made.

(2) If Council or a municipal public utility proposes to make an

agreement regarding the supply of electric power for a period that,

with rights of renewal, could exceed 5 years, the agreement must be

approved by the Alberta Utilities Commission before it is made.

Regulation of gas supply obtained from direct sellers

29(1) In this section,

(a) "consumer" means a consumer of gas who takes delivery of

the gas at its place of consumption by means of an urban gas

system operated by a distributor;

(b) "direct seller" means a person, other than a distributor, who

sells gas to a consumer or to another person who purchases

the gas as an agent of the consumer for the purposes of this

section;

(c) "distributor" means

(

i) the City or a subsidiary of the City, if the City or the

subsidiary operates an urban gas system, or

(ii) a rural gas co-operative association as defined in the

Gas Distribution Act (Alberta) that operates an urban

gas system in the City under an agreement referred to in

section 43;

(d) "urban gas system" means the system or works of a public

utility for the distribution of gas to consumers within the

City.

(2) The Municipal Gas Systems Core Market Regulation

(AR 93/2001) made under the Municipal Government Act (Alberta) is

incorporated into this Charter.

(3) For the purposes of subsection (2), references in the Regulation

referred to in that subsection are to be interpreted in accordance with

the following:

(

a) a reference to "the Act" is to be interpreted as a reference to

this Charter, but in the case of a conflict between this clause

and another clause in this subsection, the other clause

prevails;

(

b) a reference to

section 31 of the Act is to be interpreted as a

reference to this section;

(

c) a reference to

section 31(1) of the Act is to be interpreted as a

reference to subsection (1);

(

d) a reference to

section 31(1)(c)(ii) of the Act is to be

interpreted as a reference to subsection (1)(c)(ii);

(

e) a reference to

section 31(3) of the Act is to be interpreted as a

reference to subsection (4);

(

f) a reference to

section 31(4) of the Act is to be interpreted as a

reference to subsection (5).

(4) Subject to the Regulation referred to in subsection (2), a consumer

has the right to obtain a supply of gas from a direct seller for delivery

to the consumer by means of an urban gas system operated by a

distributor in the City, subject to the charges, rates or tolls and on the

transportation of the gas.

(5) On the application of a consumer or direct seller aggrieved by an

unreasonable refusal of the distributor to provide service for the

transportation of gas to the consumer by means of the distributor's

urban gas system or by any unreasonable term or condition under

which the transportation service is or is sought to be provided by the

distributor, the Alberta Utilities Commission may make an order

(

a) directing the distributor to provide the transportation service

in accordance with the provisions of the order,

(

b) amending, replacing or voiding the term or condition, or

(

c) settling the term or condition.

(6) Section 43 does not apply to the sale of gas by a direct seller to a

consumer or to another person who purchases the gas as an agent of

the consumer for the purposes of this section.

Other authorizations and approvals

30 Nothing in this Division exempts the City or any other person

operating a public utility from a requirement to obtain approvals or

other authorizations under another enactment or a bylaw.

Municipal Public Utilities

Prohibiting other public utilities

31(1) Subject to subsection (2), if the City provides a municipal

utility service, Council may, by bylaw, prohibit any other person from

providing the same or a similar type of utility service in all or part of

the City.

(2) A bylaw under subsection (1) shall not prohibit a retailer from

providing to customers in all or any part of the City the functions or

services that retailers are permitted to provide under the Electric

Utilities Act (Alberta) or the regulations made under that Act.

Duty to supply utility service

32 If the system or works of a municipal public utility that provide a

municipal utility service are adjacent to a parcel of land, the City, if it

is able to do so and subject to any terms, costs or charges established

by Council,

(

a) must provide the municipal utility service to the parcel on the

request of the owner of the parcel, and

(

b) may provide the municipal utility service to the parcel on the

request of the occupant of the parcel who is not the owner.

Parcels adjacent to roads and easements

33(1) This

section applies if the main lines of the system or works of

a municipal public utility are located above, on or underneath a road or

easement and the City provides the municipal utility service to a parcel

of land adjacent to the road or easement.

(2) The City is responsible for the construction, maintenance and

repair of the portion of the service connection from the main lines of

the system or works to the boundary of the road or easement.

(3) Notwithstanding subsection (2), as a term of supplying the

municipal utility service to the parcel of land, Council may make the

owner responsible for the costs of the construction, maintenance and

repair of the portion of the service connection from the main lines of

the system or works to the boundary of the road or easement.

(4) If the owner is responsible for the costs of the construction,

maintenance or repair referred to in subsection (3), those costs are an

amount owing to the City by the owner.

Right of entry - main lines

34(1) This

section applies to

(

a) the main lines of the system or works of a municipal public

utility located above, on or underneath a road or easement,

and

(

b) the portion of a service connection referred to in

section

33(2).

(2) The City may enter on any land for the purpose of constructing,

maintaining or repairing the system or works referred to in subsection

(1).

(3) After the City has constructed, maintained or repaired the system

or works, the City, at its expense, must restore any land that has been

entered on under subsection (2) as soon as practicable.

(4) If the City does not restore the land as soon as practicable and the

owner of the land restores it, the City is liable to the owner for the

restoration costs.

Right of entry - meters

35 The City may enter any land or building to which a municipal

utility service is provided

(

a) for the purpose of reading meters, and

(

b) after making a reasonable effort to notify the owner or the

occupant, for the purpose of installing, inspecting, replacing

or removing meters and conducting sampling tests.

Service connections - owner

36(1) The owner of a parcel of land is responsible for the

construction, maintenance and repair of a service connection of a

municipal public utility located above, on or underneath the parcel.

(2) If the City is not satisfied with the construction, maintenance or

repair of the service connection, the City may require the owner of the

parcel of land to, within a specified time, do something in accordance

with the City's instructions in respect of the construction, maintenance

or repair of the system or works.

(3) If the thing has not been done to the satisfaction of the City within

the specified time or in an emergency, the City may enter on any land

or building to construct, maintain or repair the service connection.

Service connections - City

37(1) Notwithstanding

section 36, as a term of providing a municipal

utility service to a parcel of land, Council may give the City the

authority to construct, maintain and repair a service connection located

above, on or underneath the parcel.

(2) If the City has the authority to construct, maintain or repair a

service connection under subsection (1), the City may enter on any

land or building for that purpose.

Restoration and costs

38(1) After the City has constructed, maintained or repaired the

service connection located above, on or underneath a parcel of land

under

section 36 or 37, the City must restore any land entered on as

soon as practicable.

(2) The City's costs relating to the construction, maintenance or repair

under

section 36 or 37 and restoration costs under this

section are an

amount owing to the City by the owner of the parcel.

Buildings

39(1) If a municipal utility service is provided to a building that has

more than one apartment, office or other unit, the system or works of

the municipal public utility may be installed over the different

apartments, offices or other units.

(2) The system or works must be attached to the outside of the

building unless consent is given to install them inside.

Discontinuing utility service

40 In accordance with its bylaws, the City may, for any lawful

reason,

(

a) discontinue providing a municipal utility service after giving

reasonable notice of its intention to do so, and

(

b) remove the system or works of the municipal public utility

used to provide the utility service.

Liability for public utility charges

41(1) The charges for a municipal utility service provided to a parcel

of land are an amount owing to the City by the owner of the parcel.

(2) If the City agrees to provide a municipal utility service to a parcel

of land on the request of an occupant of the parcel who is not the

owner, the charges for the municipal utility service provided to the

parcel are an amount owing to the City by the occupant and not the

owner.

Appeal

42(1) A person who uses, receives or pays for a municipal utility

service may appeal a service charge, rate or toll made in respect of the

municipal utility service to the Alberta Utilities Commission, but may

not challenge the public utility rate structure itself.

(2) On an appeal pursuant to subsection (1), the Alberta Utilities

Commission may order the service charge, rate or toll to be wholly or

partly varied, adjusted or disallowed if the Alberta Utilities

Commission is satisfied that the person's service charge, rate or toll

(

a) does not conform to the public utility rate structure

established by the City,

(

b) has been improperly imposed, or

(

c) is discriminatory.

Non-municipal Public Utilities

Granting rights to provide utility service

43(1) Council may, by agreement, grant a right, exclusive or

otherwise, to a person to provide a utility service in all or part of the

City for not more than 20 years.

(2) The agreement may grant a right, exclusive or otherwise, to use the

City's property, including property under the direction, control and

management of the City, for the construction, operation and extension

of a public utility in the City for not more than 20 years.

(3) Subject to subsections (4) and (5), before an agreement to provide

a utility service is made, amended or renewed, the agreement,

amendment or renewal must be

(

a) advertised, and

(

b) approved by the Alberta Utilities Commission.

(4) Subsection (3) does not apply if the agreement to provide a utility

service is between Council and a subsidiary of the City.

(5) A bylaw under this

section must not prohibit a retailer from

providing to customers in all or any part of the City the functions or

services that retailers are permitted to provide under the Electric

Utilities Act (Alberta) or the regulations made under that Act.

Prohibiting other non-municipal public utilities

44 If a person provides a utility service in the City under an

agreement referred to in

section 43, Council may, by bylaw, prohibit

any other person from providing the same or a similar utility service in

all or part of the City.

Termination of utility service agreements

45(1) An agreement referred to in

section 43 that is not renewed

continues in effect until either party, with the approval of the Alberta

Utilities Commission, terminates the agreement on 6 months' notice.

(2) If notice to terminate has been given pursuant to subsection (1),

the City has the right to purchase the rights, systems and works of the

public utility.

(3) If the City wishes to purchase the rights, systems and works and no

agreement on the purchase can be reached, either party may refer the

matter to the Alberta Utilities Commission.

(4) After a matter is referred to the Alberta Utilities Commission

pursuant to subsection (3), the Alberta Utilities Commission must, by

order, fix the terms and price of the purchase, and the order is binding

on the parties.

Division 4

Business Improvement Districts

Establishment

46(1) Council may, by bylaw, establish a business improvement

district.

(2) In a bylaw enacted pursuant to subsection (1), Council must

address all of the following matters:

(

a) the purposes for which the business improvement district is

created;

(

b) the area within the City that is to be encompassed by the

business improvement district;

(

c) the appointment of a board to govern the business

improvement district;

(

d) the manner in which the board will be required to develop

and submit its estimates of expenditures to Council;

(

e) the reporting requirements of the board to Council;

(

f) any limitations on the powers of the board, including

limitations on its power to incur debt obligations;

(

g) the process and consequences of disestablishment of the

business improvement district;

(

h) any other matter that Council considers necessary.

(3) The board of a business improvement district is a corporation.

(4) Before passing a bylaw establishing a business improvement

district, Council must give any person affected by the operation of the

proposed bylaw, or that person's agent, an opportunity to be heard by

Council.

Estimates

47(1) The board of a business improvement district must submit to

Council for Council's approval the revenue and expenditure estimates

of the business improvement district for the current year, at the time

and in the form specified by Council.

(2) The revenue and expenditure estimates of a business improvement

district as approved by Council constitute the requisition of the

business improvement district for the current year.

Business improvement district tax

48(1) Council must impose a tax on all business assessments within

the business improvement district that Council considers sufficient to

raise the amount required for the requisition of the business

improvement district as approved by Council pursuant to

section 47.

(2) The tax imposed pursuant to subsection (1) must be of a uniform

rate.

(3) The tax imposed pursuant to subsection (1) may be collected in the

same manner and with the same remedies as provided in this Charter

for the collection of taxes on business assessments.

Tax where no business assessment

49(1) Unless the City passes a business tax bylaw pursuant to

section

320, Council must, by bylaw, impose a tax on all property used or

intended to be used for business purposes within a business

improvement district that Council considers sufficient to raise the

amount required for the requisition of the business improvement

district as approved by Council pursuant to

section 47.

(2) The tax imposed pursuant to subsection (1)

(

a) is in addition to any other property tax, and

(

b) must be of either a uniform rate or a uniform amount.

(3) Notice of the tax imposed pursuant to subsection (1)

(

a) is to be substantially in the form of a property tax notice and

may be included in a property tax notice, and

(

b) is to be mailed by ordinary mail or delivered to owners of

property in the business improvement district used or

intended to be used for business purposes.

(4) The tax imposed pursuant to this

section is payable at the same

time as property taxes.

(5) The tax imposed pursuant to this

section may be collected in the

same manner and with the same remedies as provided in this Charter

for the collection of property taxes.

(6) A bylaw made pursuant to subsection (1) may exempt any

property or class of property from the tax imposed pursuant to this

section.

Payments in advance of tax

50 After Council has approved the budget of a business improvement

district and before the remittance of the tax referred to in

section 48 or

49, Council must pay the cost of any claims for approved works that

the board of the business improvement district may submit for

payment, and the City must recover any of those payments from the

tax.

Division 5

Building Standards

Building codes

51 Council may, by bylaw,

(

a) declare that all or any part of an edition of the National

Building Code of Canada, as amended from time to time or

otherwise, is in force in the City,

(

b) declare that all or part of any other code of standards

respecting materials, equipment or appliances used or

installed in the construction or demolition of a building, as

amended from time to time or otherwise, is in force in the

City, and

(

c) amend, repeal or replace any provision of a code declared to

be in force in the City pursuant to clause (

a) or (b).

Fire code

52 Council may, by bylaw,

(

a) declare that all or any part of an edition of the National Fire

Code of Canada, as amended from time to time or otherwise,

is in force in the City,

(

b) declare that all or part of any other code of standards

respecting any materials, equipment or appliances used or

installed in a building or structure or in premises, as amended

from time to time or otherwise, is in force in the City, and

(

c) amend, repeal or replace any provision of a code declared to

be in force in the City pursuant to clause (

a) or (b).

Division 6

Police

Federal-municipal agreement

53(1) In this section, "RCMP" means the Royal Canadian Mounted

Police.

(2) With the prior approval of the Ministers, Council may enter into an

employ and pay for a sufficient number of members of the RCMP to

provide policing services within the City.

(3) If an agreement made under subsection (2) provides for the RCMP

"K" Division to provide policing services,

(

a) the Police Act (Alberta) and its regulations apply to the

whole City in respect of those services and are declared to be

approved enactments to the extent required to give effect to

this clause, and

(

b) The Police Act, 1990 (Saskatchewan) and its regulations

cease to operate in any part of the City in respect of those

services.

(4) If an agreement made under subsection (2) provides for the RCMP

"F" Division to provide policing services,

(

a) The Police Act, 1990 (Saskatchewan) and its regulations

apply to the whole City in respect of those services and are

declared to be approved enactments to the extent required to

give effect to this clause, and

(

b) the Police Act (Alberta) and its regulations cease to operate

in any part of the City in respect of those services.

Municipal police service

54(1) Notwithstanding

section 53, the City may establish a municipal

police service to provide policing services within the City.

(2) If the City establishes a municipal police service,

(

a) the Police Act (Alberta) and its regulations apply to the

whole City in respect of the services provided and are

declared to be approved enactments to the extent required to

give effect to this clause, and

(

b) The Police Act, 1990 (Saskatchewan) and its regulations

cease to operate in any part of the City in respect of those

services.

Peace officers

55(1) Council may, in accordance with the Peace Officer Act

(Alberta), apply for the appointment of peace officers to assist in the

enforcement of laws in force within the City.

(2) If peace officers are appointed as provided for in subsection (1),

the Peace Officer Act (Alberta) and its regulations apply to the whole

City in respect of the peace officers and are declared to be approved

enactments to the extent required to give effect to this clause.

Division 7

Consolidation and Revision of Bylaws

Consolidation

56(1) Council may, by bylaw, authorize the clerk to consolidate one

or more of the City's bylaws.

(2) In consolidating a City bylaw, the clerk must

(

a) incorporate all amendments to the bylaw into one bylaw, and

(

b) omit any provision that has been repealed or that has expired.

(3) A printed document purporting to be a copy of a bylaw

consolidated pursuant to this

section and to be printed under the

authority of the clerk is admissible in evidence as proof, in the absence

of evidence to the contrary, of

(

a) the original bylaw and of all bylaws amending it, and

(

b) the passage of the original bylaw and of all bylaws amending

it.

Revision

57(1) Council may, by bylaw, authorize the revision of all or any of

the City's bylaws.

(2) The revision bylaw may authorize all or any of the following:

(

a) consolidating a bylaw by incorporating all amendments to it

into one bylaw;

(

b) omitting and providing for the repeal of a bylaw or a

provision of a bylaw that is inoperative, obsolete, expired,

spent or otherwise ineffective;

(

c) omitting, without providing for its repeal, a bylaw or a

provision of a bylaw that is of a transitional nature or that

refers only to a particular place, person or thing or that

otherwise has no general application throughout the City;

(

d) combining 2 or more bylaws into one bylaw, dividing a

bylaw into 2 or more bylaws, moving provisions from one

bylaw to another and creating a bylaw from provisions of one

or more other bylaws;

(

e) altering the citation and title of a bylaw and the numbering

and arrangement of its provisions, and adding to, changing or

omitting from a bylaw any note, heading, title, marginal note,

diagram or example;

(

f) omitting the

preamble and

long title of a bylaw;

(

g) omitting forms or other material contained in a bylaw that

can more conveniently be contained in a resolution, and

adding authority for the forms or other material to be

prescribed by resolution;

(

h) correcting clerical, grammatical and typographical errors;

(

i) making changes, without changing the substance of the

bylaw, to bring out more clearly the meaning of the bylaw or

to improve the expression of the bylaw.

Bylaw adopting revised bylaws

58(1) Bylaws revised in accordance with a revision bylaw have no

effect unless a bylaw adopting them is passed.

(2) The bylaw adopting any revised bylaws may not be passed unless

the clerk certifies that the proposed revised bylaws have been revised

in accordance with the bylaw authorizing the revision.

(3) An amendment to the proposed revised bylaws may be made only

if the change under the amendment is in accordance with the bylaw

authorizing the revision.

(4) The bylaw adopting the revised bylaws must specify the date or

dates that the revised bylaws are to come into force and the date or

dates that the bylaws being repealed are repealed.

Certain requirements deemed complied with

59 Revised bylaws that are brought into effect in accordance with

section 58 are deemed to have been passed as if all the requirements

respecting the passage and approval of the bylaws for which the

revised bylaws are substituted had been complied with.

Effects of revised bylaws

60(1) The provisions of the revised bylaws substituted for the

previous bylaws, if they have the same effect, operate retrospectively

as well as prospectively and are deemed to come into force on the days

on which the corresponding previous bylaws came into force.

(2) If the provisions of the revised bylaws do not have the same effect,

(

a) the provisions of the revised bylaws prevail in respect of all

transactions, matters and things occurring on or after the day

the revised bylaws come into force, and

(

b) the provisions of the previous bylaws prevail in respect of all

earlier transactions, matters and things.

References to repealed bylaws

61 A reference in an enactment, bylaw or document to a bylaw that

has been repealed by the revised bylaws is, in respect of any

transaction, matter or thing occurring after the revised bylaws come

into force, to be considered to be a reference to the bylaw in the

revised bylaws that has been substituted for the repealed bylaw.

Mistakes

62(1) A mistake in a revised bylaw made during the revision of the

bylaw may be corrected by bylaw.

(2) A bylaw correcting a mistake in a revised bylaw is deemed to have

been made as if all the requirements respecting the passage and

approval of the bylaw for which the revised bylaw was substituted had

been complied with.

Division 8

Miscellaneous Powers

Providing services outside the City

63 The City may provide any service or thing that it provides in all or

part of the City

(

a) in another municipality located in either of the provinces,

with the agreement of the other municipality, or

(

b) on behalf of an Indian band, with the agreement of that

Indian band.

Intermunicipal sharing of taxes and grants

64(1) The City may enter into an agreement with another

municipality to share taxes or grants in lieu of taxes.

(2) An agreement entered into pursuant to subsection (1) must include

a means to settle disputes arising from the agreement.

Civic holidays

65 Council may declare any day, or part of any day, as a civic

holiday.

Census

66 Council may conduct a census within the City.

Bodies of water

67(1) Subject to all other enactments, Council may, by bylaw,

regulate the use of or activities on any rivers, streams, watercourses,

lakes and other natural bodies of water within the City, including the

air space above and the ground below.

(2) Nothing in this

section gives the City direction, control or

management of mines and minerals.

Granting rights over property

68 Subject to all other enactments, in addition to its rights in relation

to its own property, the City may

(

a) grant rights, exclusive or otherwise, in respect of property

under its direction, control and management, and

(

b) charge fees, tolls and charges for the use of property under its

direction, control and management.

Disposition of City lands

69(1) Subject to subsection (2), Council must advertise its proposal

before Council disposes of any estate or interest of the City in

(

a) land for less than its market value, or

(

b) a public park or recreation or exhibition grounds.

(2) The proposal does not have to be advertised if the estate or interest

(

a) to be used for the purposes of supplying a public utility,

(

b) transferred or granted under

Part 10 before the period of

redemption under that Part, or

(

c) to be used by a non-profit organization as defined in

section

183(f).

(3) Any City lands that are used for park purposes and that are

dedicated lands may be disposed of only in accordance with The

Planning and Development Act, 2007 (Saskatchewan).

Part 3

Fundamental Changes

Division 1

Change of Name

Change of name

70(1) At the request of Council, the name of the City may be changed

by complementary orders in council.

(2) If the name of the City is changed in accordance with subsection

(1),

(

a) notice of the change must be published in The Alberta

Gazette and The Saskatchewan Gazette, and

(

b) any seal formerly used by the City continues to be the seal of

the City until the seal is changed by Council.

(3) A change in the name of the City made in accordance with this

section does not affect any obligation, right, action or property

incurred, established, taken or acquired before the change.

Division 2

Amalgamation

Amalgamation of school districts

71(1) Nothing in this Charter prohibits the amalgamation of school

divisions.

(2) If the boundaries of the Lloydminster Public School Division or

the Lloydminster Roman Catholic Separate School Division are

revised pursuant to The Education Act, 1995 (Saskatchewan) to

include lands other than those specified in this Charter, Alberta is not

responsible for any costs associated with schools located on those

lands or students residing on those lands.

Division 3

Annexation

Annexation of territory

72(1) If 2/3 of the adult population who reside in the City or in any

territory adjacent to the City desire annexation to the City and present

a petition to that effect to Council, and Council agrees to the

annexation or any part of the annexation, the territory may be annexed

to the City by complementary orders in council.

(2) On the request of Council, any territory adjacent to the City may

be annexed to the City by complementary orders in council.

(3) Every annexation takes effect on the date and on the terms and

conditions set out in the complementary orders in council.

(4) If property situated in the part of the City located in Alberta is to

be annexed to the City, the process to be followed is the process

pursuant to the Municipal Government Act (Alberta) and if property

situated in the part of the City located in Saskatchewan is to be

annexed to the City, the process to be followed is the process pursuant

to The Cities Act (Saskatchewan).

Joint committee

73(1) The Ministers may each appoint up to 3 members to a joint

committee to determine and recommend a decision on the matter of an

annexation proposal to the Ministers.

(2) A joint committee appointed pursuant to subsection (1) must

consist of not more than 3 members appointed by each Minister.

(3) If a joint committee appointed pursuant to subsection (1) considers

that a public hearing is desirable in respect of the annexation proposal,

the City must give at least 20 days' notice of the hearing

(

a) by personal service or registered mail to

(

i) the assessed owners of the land involved in the

annexation, and

(ii) the other municipality in which the land involved in the

annexation is located,

and

(

b) by publication of a notice in one or more newspapers

published in the City.

Division 4

Boundaries

Location of boundaries

74 Unless the description specifies otherwise, if the boundary of the

City is wholly or partly described by reference to the boundary of a

township or

section of surveyed land along which a road allowance

runs,

(

a) the side of the road allowance on which monuments or posts

are placed under any survey made pursuant to an enactment

relating to surveys is the boundary, or

(

b) in the case of correction lines, the south side of the road

allowance is the boundary.

Deemed inclusion of acquired land

75 If a road situated in the City is the boundary of the City and the

City acquires land for the widening of the road, the acquired land is

deemed to be within the boundaries of the City.

Part 4

School Divisions

The Education Act, 1995 (Saskatchewan) applies

76 For the purposes of the school divisions referred to in

section 78,

The Education Act, 1995 (Saskatchewan) and the regulations made

under that Act are declared to be approved enactments and to apply to

the whole City and the outlying areas referred to in that section.

School Act (Alberta) does not apply

77 For the purposes of the school divisions referred to in

section 78,

the School Act (Alberta) and the regulations made under that Act are

declared to cease to operate with respect to the part of the City located

in Alberta except for the purposes of applying the rates established

under that Act to determine the amount of Alberta's education property

tax requisition under

section 303.

Public and separate school divisions

78 The Lloydminster Public School Division and the Lloydminster

Roman Catholic Separate School Division comprise

(

a) the incorporated area of the City, and

(

b) the following outlying areas lying west of the Third

Meridian:

(

i) in Township 49, Range 27: Sections 30 and 31;

(ii) in Township 49, Range 28:

Section 25 and the east half

Section 36;

(iii) in Township 50, Range 27: Sections 6, 7 and 18;

(iv) in Township 50, Range 28: the east halves of Sections 1

and 12, the north-east quarter of

Section 13,

Section 14

and fractional

Section 15;

excepting those lands lying within the boundaries of an

Indian reserve.

Alberta residents

79 Students residing in Alberta outside the boundaries of the

Lloydminster Public School Division and the Lloydminster Roman

Catholic Separate School Division are entitled to attend schools

operated by those school divisions in keeping with regulations and

other legislation enacted from time to time by Alberta, as though those

school divisions were Alberta jurisdictions.

School affairs

80 The affairs of the Lloydminster Public School Division and the

Lloydminster Roman Catholic Separate School Division are to be

conducted in accordance with The Education Act, 1995

(Saskatchewan), except as may be modified by this Charter.

Program of studies

81(1) In this

section and

section 83, "Minister" means the minister to

whom the administration of The Education Act, 1995 (Saskatchewan)

is assigned under The Government Organization Act (Saskatchewan).

(2) The basic program of studies and the courses of study used in the

schools operated by the Lloydminster Public School Division and the

Lloydminster Roman Catholic Separate School Division are to be

consistent with the regulations made under The Education Act, 1995

(Saskatchewan) and with any policies and directives that the Minister

may issue from time to time.

School funding

82 The provinces must provide the Lloydminster Public School

Division and the Lloydminster Roman Catholic Separate School

Division with access to all funding available to other school

jurisdictions in the respective provinces.

School buildings

83(1) Saskatchewan school facility funding guidelines and approval

processes are to apply in all matters related to the upgrading and

construction of school buildings in the Lloydminster Public School

Division and the Lloydminster Roman Catholic Separate School

Division.

(2) The provinces must share the cost of upgrading and constructing

school buildings in the Lloydminster Public School Division or the

Lloydminster Roman Catholic Separate School Division in a prorated

manner based on the number of students resident in each province who

are attending schools operated by that division as of September 30 of

the school year in which the upgrading or construction is approved.

(3) On receiving approval from the Minister for a building upgrading

or construction project,

(

a) the Board of Education of the Lloydminster Public School

Division or the Board of Education of the Lloydminster

Roman Catholic Separate School Division, as the case may

be, may, in accordance with The Education Act, 1995

(Saskatchewan), borrow funds related to the approved

project, and

(

b) the Crown in right of Alberta must transfer Alberta's share of

the approved cost of the project directly to the school

division.

Alberta School Foundation Fund

84(1) For greater certainty, no contribution is to be made by the City

to the Alberta School Foundation Fund established under the School

Act (Alberta).

(2) All undeclared assessments must be allocated to the Lloydminster

Public School Division and the Lloydminster Roman Catholic Separate

School Division based on the proportion of assessments that have been

declared in favour of one or the other school division pursuant to The

Education Act, 1995 (Saskatchewan).

School board elections

85(1) The election of the members of the school board for the

Lloydminster Public School Division and the Lloydminster Roman

Catholic Separate School Division must be conducted in accordance

with The Local Government Election Act (Saskatchewan).

(2) Subject to subsection 23(2) of The Local Government Election Act

(Saskatchewan), a person is qualified to be an elector of the

Lloydminster Public School Division or the Lloydminster Roman

Catholic Separate School Division if the person, on the day of the

election,

(

a) is a Canadian citizen,

(

b) is at least 18 years of age,

(

c) has resided in the school division or on land now in the

school division for at least 3 consecutive months immediately

preceding the day of the election, and

(

d) has resided in Alberta or Saskatchewan for at least 6

consecutive months immediately preceding the day of the

election.

(3) A person is qualified to be nominated as a candidate for and to

hold office as a board member for the Lloydminster Public School

Division or the Lloydminster Roman Catholic Separate School

Division if the person

(

a) is an elector of the school division on the day of the election,

and

(

b) at the time the person submits the nomination paper,

(

i) is a Canadian citizen,

(ii) has resided in the school division or on land now in that

school division for at least 3 consecutive months

immediately preceding