Bill 52 (Legislature 7, Session 2)

L7 S2 8791

Alberta — Bills

Bill No. 52 of 1932. A BILL TO AMEND THE SCHOOL ACT, 1931. NOTE. Sections 2 and 3 of the Bill empower the Minister to direct that if a poll is necessary for the election of trustees, the same shall be held on the same day of the week follow ing the day upon which the annual meeting is held, and further empower the Minister to direct that the poll shall be kept open for longer than two hours, and provides for the appointment of persons to act as chairman and secretary upon the taking of the poll.

Section 4 of the Bill removes from

section 57 the refer ence to any special Act or Charter.

Section 5 of the Bill makes applicable the provisions of any special Act or Charter incorporating any city or town to a board of trustees.

Section 6 of the Bill makes applicable the provisions of

an Act of incorporation in the case of districts wholly or partially within the limits of any city or town incorporated by Statute.

Section 7 of the Bill corrects an erroneous reference to the form of declaration to be administered to an elector. The amendment made by

section 8 of the Bill is a neces sary consequence to amendments made by sections 2 and 3 of the Bill by providing that the board shall meet within ten days after the annual election of trustees instead of after the annual meeting of the ratepayers.

Section 9 of the Bill strikes out the qualification as to agreements for conveyance for children of isolated families to the effect that the land upon which such children reside is to be more than one mile in a direct line from the nearest conveyance route.

Section 10 of the Bill makes provision for the erection of school buildings, the cost of which is to be met out of cur rent revenues.

Section 12 of the Bill amends the present restrictions as to the termination of an agreement with a teacher by pro viding that notice to terminate must not be given between the first day of July and the first day of September except by mutual consent.

Section 13 of the Bill strikes out of subsection (2) of

section 161 the reference to a salary schedule.

Section 14 of the Bill amends the

section dealing with the borrowing powers of a district by including in districts empowered to borrow any district empowered to make an

2 assessment and levy taxes, and by striking out the reference to a collecting municipal district, and by striking out the reference to districts separated from municipal districts.

Section 15 of the Bill strikes out the reference to col lecting districts in

section

Section 16 of the Bill makes provision for the placing on every debenture a memorandum of registration.

Section 17 of the Bill corrects 'an erroneous reference in

section

Section 18 of the Bill clarifies

section 227 as to the statu tory provisions which are applicable in the case of a con troverted election of a school trustee in any town or village district. Sections 19 and 20 of the BiB amend Forms B (1) and B (2) to make the same conform to the express provisions of the Act as to the qualification to' vote. R. ANDREW SMITH, Legislative Counsel. (This note does not form any part of the Bill and is ofje1'ed merely as a partial explanat1·on of some of its provisions.)

BILL No. 52 of 1932.

An Act to amend The School Act, 1931. ( Assented to ,1932.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The School Act, 1931, Amendrnent Act, 1932." 2. Ths School Act, 1931, being

chapter 32 of the Statutes of Alberta, 1931, is hereby amended as to

section 50 thereof by adding at the end thereof the following new clause: " (

e) In case the taking of a poll of the electors is nec essary and the Minister has directed that the poll" shall be taken on a day other than the day of the annual meeting, the poll shall be taken in accord ance with the directions of the Minister: and in the absence of any such direction, the poll shall be taken at the annual meeting." 3. The said Act is further amended by inserting therein, immediately after

section 55 thereof, the following new section: "55a.

The Minister may from time to time, in the case of any district, by ollder provide that during any period specified in the order, or in the alternative, until further order, whenever it is necessary to take a poll of the electors for the purpose of electing trustees, such poll shall be taken on the same day of the week following the day upon which the annual meeting is held; and in such case the poll shall be opened at two o'clock in the afternoon, and shall remain open for two hours, or for such longer period as the Min ister may direct: the chairman of the board, or any elector appointed for that purpose by the board, shall preside over the taking of such poll, and the secretary of the board, or any other person appointed by the board, shall be secretary at such poll." 4.

The said Act is further amended as to

section 57 thereof by striking out the words "subject to the provisions of any special Act or Charter" where the same occur therein.

2 5. The said Act is further amended as to

section 59 there of by inserting therein, at the beginning of subsection (1) thereof, the words "Subject to the provisions of any special Act or Charter." 6. The said Act is further amended as to

section 76 thereof by striking out the words "the provisions of The Town Act" where the same occur therein and by substitut ing therefor the words "the provisions of The Town Act, or in the case of districts situated wholly or partially within the limits of any city or town incorporated under and sub ject to the provisions of any other Act, then the provisions of such Act." . 7. The said Act is further amended as to

section 90 there of by striking out the words "Form B(

l) or B(2)" where the same occur in subsection (1) thereof, and by substitut ing therefor the words "Form A in the case of a proposed district, and Form B(

l) or Form B(2) in the case of an established district." 8. The said Act is further amended as to

section 107 thereof by striking out the words "annual meeting" where ·the same occur therein, and by substituting therefor the words "annual election of trustees." 9. The said Act is further amended as to

section 131 thereof by striking out the words "and more than one mile in a direct line from the nearest conveyance route" where the same occur in subsection (3) thereof. 1.0. The said Act is further amended as to

section 140 thereof by adding thereto the following new subsection: "

(3) In any case in which the Board of any rural or village school district proposes to erect any school buildings and to defray the cost thereof out of the current revenues of the district, the Board may submit to the Minister for his approval a scheme setting out in detail the manner in which it is proposed to provide the materials, supplies and labour requisite for the erection of such school buildings, and upon the scheme being approved by the Minister and adopted by a resolution of the Board, any contracts or en gagements made in pursuance of and in conformity to such scheme shall be good and binding upon all parties thereto and shall be good and effectual for all purposes, notwith standing anything in this

section to the contrary." 1.1.. The said Act is further amended as to

section 143 thereof by striking out the words "Sundays and holidays" where the same occur in subsection (1) thereof, and by substituting therefor the words "Sundays, holidays and any day during which the school is lawfully closed pursuant to any provisions of this Act."

3 12. The said Act is further amended as to

section 157 thereof by striking out provisos (

a) and (

b) thereof and by substituting therefor the following: " (

n) that no such notice shall be given between the first day of July and the first day of September except by mutual consent." 13. The said Act is further amended as to subsection (2) of

section 161 thereof by striking out the words "in an un- graded school where no salary

schedule is in operation" where the same occur therein. 14. The said Act is further amended as to

section 170 thereof- (

a) by striking out clause (

b) of subsection (1) thereof, and by substituting therefor the following: "(

b) any district which is empowered by the Min ister under The School Assessment Act to make an assessment and levy taxes in respect of its whole area;" (

b) by striking out the words "collecting" and "or" where the same occur in clause (

d) of subsection (1) thereof; (

c) by striking out clause (

e) of subsection (1) thereof; and (

d) by striking out the word "collecting" where the same occurs in subsection (2) thereof. 15. The said Act is further amended as to

section 171 thereof by striking out the word "collecting" where the same occurs in subsection (1) thereof. 16. The said Act is further amended as to

section 197 thereof by adding thereto the following new subsection: "( 6) There shall be written or printed upon the face of every debenture issued pursuant to this

section a form of memorandum as to the registration thereof pursuant to sec tion 200 of this Act, which shall be in the following form: "Department of Education, "Edmonton, Alberta. "Registered, , , , , , , , , . , , , , , , , , , , , , ,., , , , , , , , , .

" 193", 'a';ci ~i~~ 'a' f~~~' ~f '~~~~;;~d~~ ~~ 't'o' its' ;~th~;i'z~ti~~ b; the Board of Public Utility Commissioners pursuant to sec tion 101 of The Public Utilities Act, 1923, which shall be in the following form: " 'Authorized by order of the Board of Public Utility Com missioners, No .. , , , . , . , " and dated the, , . , . , , , , , , ,day of ... ,.,.,"', ... "".,,193. '. 'THE BOARD OF PUBLIC UTILITY COMMISSIONERS, , ................ "' 'Chal:rman.' "

4 17. The said Act is further amended as to

section 209 thereof by striking out the words "this section" where the same occur in subsection (3) thereof, and by substituting therefor the words "subsection (2) of this section." 18. The said Act is further amended as to

section 227 thereof by striking out the same and by substituting there for the following: "227. In any town or village district the validity of the election of a school trustee may be contested before a judge upon the relation of any elector of the district, and the pro ceedings therein shall be subject to and governed by the pro visions of such Statutes dealing with controverted elections as are applicable to a contested election of a member of the council of the city, town or village, as the case may be, with in whose corporate limits such district is either wholly or partially situated." 19. The said Act is further amended as to Form B (1) of the

schedule thereof by striking out the words "two months" where the same occur therein, and by substituting therefor the words "one year." 20. The said Act is further amended as to Form B (2) of the

schedule thereof by striking out the words "two months" where the same occur therein, and by substituting therefor the words "one year." 21. This Act shall come into force on the day upon which it is assented to.

No.' 52. SECOND SESSION SEVENTH LEGISLATURE 22 GEORGE V 1932 BILL

An Act to amend The School Act, 1931. Received and read the First time .................... . Second time ................... . Third time .................... . HON. MR. BAKER EDMONTON: W. D. McLEAN. KING'S PRINTER 1932 Title: 1932 (7th, 2nd) Bill 52,

An Act to amend The School Act, 1931

Document details

Collection	Alberta — Bills
Citation	L7 S2 8791
Type	bill
Volume / chapter	L7 S2 8791
Language	en
Format	json
Source	PROVINCIAL
Identifier	91dfbaed597dead0753172ec5bef25a36ef2730e

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