Bill 43 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 43 Municipal Government Amendment Act, 1983 (Legislature 20, Session 1)

L20 S1 3663

Alberta — Bills

1983 BILL 43 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 43 MUNICIPAL GOVERNMENT AMENDMENT ACT, 1983 THE MINISTER OF MUNICIPAL AFFAIRS First Reading Second Reading Committee ofthe Whole Third Readmg Royal Assent

Bid 43 BILL 43 1983 MUNICIPAL GOVERNMENT AMENDMENT ACT, 1983 (Assented to , 1983) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows: 1 The Municipal Government Act is amended by this Act. 2

Section l(

u) is amended by striking out "and" at the end of sub clause (

i) and by adding the following after subclause (i); (i.

l) an elector who owns a share ofthe capital stock of a family farm corporation as defined in the Income Tax Act (Canada) if that family farm corporation appears on the assessment roU in respect of land Uable to assessment and taxation for general mu nicipal purposes, and 3

Section 4 is ameruied by adding the following after subsection (3):

(4) When the boundary of a municipaUty is wholly or partly described by reference to a river, then, unless the description otherwise specifies, the right bank ofthe river shaU be deemed to be the boundary. 4

Section 6 is amended (

a) in subsection (l)(

b) by striking out "postal address and occu pation" and substituting "complete municipal address and printed name"; (

b) by adding the following after subsection (1):

(1.1) An adult person who witnesses a signature to a petition shaU do so by signing his name opposite to the signature of the petitioner. (

c) by repealing subsection (2)(

c) and substituting the following: (

c) whose municipal address or printed name is not com pletely set out or is incorrect,

Explanatory Notes 1 This Bill will amend

chapter M-26 of the Revised Statutes of Alberta 1980. 2

Section l(

u) presently reads: 1 In this Act, (u) "proprietary elector" means (

i) an elector whose name appears on the assessment roU in re spect of land liable to assessment and taxation for general munic ipal purposes, and (ii) an elector who is liable for the payment of a mobile unU licence; 3 River boundary of municipaUty. 4

Section 6(1), (2), (3) and (6) presently read: 6(1) When this Act provides for the doing of any thing by a petition to be presented to a council, the petition shaU consist of one or more pages, each of which shaU contain an accurate and identical statement ofthe purpose and objectives ofthe petition arui (

a) each signature thereto shaU be witnessed by an aduU person, who shaU take an qffidavU that to the best of his belief the persons whose signatures he has witnessed are electors, and (

b) the postal address and occupation of each signatory thereto shaU be set out opposite his signature. and. in addition, in any petition restricted to proprietary electors, the legal description ofthe property or other qualifications entitling that person to be a proprietary elector shaU be set out opposite his signature. I «^—- VT^*^^

(

d) by repealing subsection (3); (

e) in subsection (6) by adding "added to or" after "be"; (

f) by adding the following after subsection (7):

(8) In this

section "municipal address" means (

a) the address assigned pursuant to a by-law under sec tion 175, or (

b) in the absence of such an address, the legal description ofthe property on which the signatory resides. 5

Section 13 is amended (

a) in subsection (1) by adding the following after clause (a): (a.

l) form any area of Alberta into a viUage, town or city, if the Minister is satisfied that (

i) the majority of the electors in the area is in favour of the change, and (

u) the number of dwelUng units or the population ofthe area is sufl&cient for a viUage, town or city, as the case maybe; (

b) by repealing subsection (4) and substituting the following:

(4) When an order is made forming a municipal district, the Lieutenant Governor in Council shaU by that order divide the municipal district into electoral divisions.

(4.1) After the formation of a municipal district, the Minister may by order change the number or boundaries of the elec toral divisions ofthe municipal district.

(2) In computing the number of petitioners on a petition there shaU be excluded the name of any person (

a) whose signature appears on a page ofthe petition that does not contain an accurate statement of the purpose and objective of the petition identical to the statement contained on aU the other pages of the petition. (

b) whose signature is not witnessed. (

c) whose postal address and occupation, or either, are not set out or are incorrectly set out. (

d) in the case of a petition restricted to proprietary electors, (

i) who is not a proprietary elector, or (ii) whose property or other qualification as a proprietary elector is not or is incorrectly described or set out, or (

e) in the case of a petition restricted to electors, who is not an elector

(3) A corporation or a church or other religious organization or an estate, the name of which appears on the last revised assessment roll as the owner conditional owner or purchaser of land that is not exempt from taxation, may in writing authorize a resident representative to sign a petition on behalf of the corporation or church or other religious organization or the estate, as the case may be. and this

section applies in that case.

(6) No name shall be removed from a petition after it has been received by the municipal secretary. 5

Section 13(l)(

a) and (4) presently read: 13(1) The Lieutenant Governor in Council, by order may (

a) form into a municipal district any part of Alberta not included in a city. town, new town, village or summer village;

(4) When an order is made forming a municipal district, the Lieutenant Governor in CouncU (

a) shaU by that order divide the municipal district into electoral di visions, and (

b) may by any subsequent order alter the boundaries ofthe electoral divisions or increase or decrease the number of electoral divisions. Fx nla niJtorv..Niile&.

Section 20(1) is repealed. 7

Section 25 is amended by adding the following after subsection (1):

(1.1) AU land that is formed or annexed into the new municipal ity and was at the time of the petition for formation or annexa tion designated or required to be provided as environmental re serve, municipal reserve or municipal and school reserve under the Planning Act shaU pass to the new muiucipaUty. 8

Section 28(l)(

a) is amended by striking out "by the electors of each ward to represent the ward" and substituting "to represent each ward". 9

Section 29 is amended (

a) in subsection (l)(

c) by adding "or, in the case of a summer village, ceases to be a proprietary elector of the summer viUage" after "muiucipaUty"; (

b) in subsection (2)(

n) by striking out "acquired under the Tax Recovery Act or of other property"

Section 20(1) presently reads: 20(1) In this section. (

a) repealed 1981 c25 s5; (b) "land" does not include mines and minerals. 7 Environmental reserves etc. pass to the new municipality on annexation or formation.

Section 25(1) presently reads: 25(1) When under this Act a municipality, or part thereof, hereinafter referred to as the "old municipality'.' is included in another municipality, hereinafter referred to as the "new municipality'! either at the time ofthe formation ofthe municipality or subsequently thereto, the property, rights and liabilities of the old municipality or part thereof, including all taxes then due, pass to the new municipality and aU remedies that were available for the collection of any taxes due to the old municipality are available to the new municipality in all respects as though the taxes or arrears had originally been due to it. 8

Section 28(1 )(

a) presently reads: 28(1) The council of a city may. by by-law. divide the city into wards and specify (

a) the number of councillors to be elected by the electors of each ward to represent the ward, and 9

Section 29(1 )(

c) and (2)(

n) presently read: 29(1) A person is not qualified to remain a member ofthe councU if he (

c) ceases to be a resident ofthe municipality, (2) Subsection (1) does not apply to a person by reason only (

n) of his being a party to a contract for the purchase from the mu nicipality of property acquired under the Tax Recovery Act or of other property if (

i) the property is. following application for its purchase by a member ofthe council, advertised for sale by public tender at least once a week for 2 successive weeks in a newspaper circulated within the municipality. (ii) a notice ofthe sale by public tender is posted in the municipal office, (iii) the highest tender is accepted, (iv) the sale to a member ofthe councU is approved by a Vs ma jority ofthe council, and (

v) not more than one sale of one parcel of residential or farm property is made to the member of councU during any one term of office ofthe member Fynlanatr^rv Nntp«;

Section 30(4) is repealed and the following is substituted:

(4) This

section does not apply to a member of a councU by reason only of his being a member ofthe board of directors of (

a) a foundation or association formed for the purpose of staging provincial, national or international sporting events, or (

b) a Business RevitaUzation Zone Association. 11

Section 34(1) is amended by striking out "declaring that that member or former member is disquaUfied to be a member of the councU". 12

Section 47(l)(

a) is amended by adding ", by the councU or by the mayor," after "appointment" 13

Section 54 is amended (

a) in subsection (l)(

b) by striking out "of the council" and sub stituting "ofthe whole council"; (

b) by adding the following after subsection (1):

(1.1) In a muiucipaUty having a councU of 10 or more mem bers, if the coimcU does not hold a by-election for a reason referred to in subsection (l)(

a) or (b), the whole councU for the purposes of sections 37 and 353 shaU be deemed to be the number of members remaining in office. 14

Section 68(3)(

b) is ameruied by striking out "Minister" and sub stituting "Deputy Minister of Municipal Affairs".

Section 30(4) presently reads:

(4) This

section does not apply to a member of a councU by reason only of his being a member ofthe board of directors of a foundation or associ ation formed for the purpose of staging British Commonwealth Games. Canada Winter Games or Canada Summer Games. 11

Section 34(1) presently reads: 34(1) An application alleging a contravention of

section 29(1 )(

f) or (

n) or of

section 30 may be commenced pursuant to

section 31 or 32 or continued under either of those sections, notwithstanding that an election has been held between the time when the disqualification ofthe member or former member of council is alleged to have arisen and the time at which the application was or is commenced arui the judge may make an order uruier

section 31 or 32 declaring that that member or former member is disqual ified to be a member ofthe council 12

Section 47(1 )(

a) presently reads: 47(1) A council may by by-law provide (

a) for the appointment of an executive committee which may be com prised of (

i) members ofthe council, or (ii) members ofthe councU and officials ofthe municipality. 13

Section 54 presently reads: 54(1) When in a municipality having a councU of 6 or more members a seat or seats in the council become vacant by death, resignation, forfeiture or otherwise, the council shall make provision to fill the vacancy or vacan cies by the holding of a by-election for that purpose except that (

a) during the 2-year period immediately following a general election a by-election need not be held if there is only one vacancy on the council arui (

b) during the 3rd year following a general election a by-election need not be held unless the number of vacancies on the councU reduces the councU to a number less than one more than the quorum of the council

(2) In a municipality having a councU of 5 members or less, the councU shaU provide for the filling ofaU vacancies which occur prior to the last 6 months ofthe term. 14

Section 68(3)(

b) presently reads: 68(3) The secretary shaU (

b) send a copy ofthe appointment to the Minister

Section 86 is repealed and the following is substituted: 86 A councU shall require that a fideUty bond in an amount the councU considers adequate shaU be placed in the name of the municipality and shaU bond on a blanket basis aU officials and employees who are responsible for the management ofthe money of the municipality. 16

Section 94(4) and (5) are repealed and the following is substi tuted:

(4) This

section does not apply to a person by reason only of his being (

a) a member or shareholder in a recreational or social or ganization that is operating on real property in which the municipaUty has an interest, 0>) a member ofthe board of directors of (

i) a foundation or association formed for the purpose of staging provincial, national or international sporting events, or (ii) a Business RevitaUzation Zone Association, or (

c) a party to a contract for the purchase from the munici paUty of property if (

i) the property is, foUowing application for its purchase by that person, advertised for sale by pubUc tender at least once a week for 2 successive weeks in a newspaper cir culated within the municipaUty, (ii) a notice of the sale by pubUc tender is posted in the municipal office, (ui) the highest tender is accepted, (iv) the sale to the person is approved by a % majority of the whole councU, and (

y) not more than one sale of one parcel of residential or farm property is made to that person.

Section 86 presently reads: 86(1) A councU shaU require a municipal official or employee to give such security as is considered expedient for the faithful performance of his duties.

(2) The bonds or policies of guarantee of a corporation with power to grant securities, being boruis or policies for the integrity and faithful accounting of public office or servants or persons occupying positions of trust, may be accepted instead of or in addition to the personal bond of an official or employee and any premiums payable in respect of bonds and policies of guarantee shall be paid by the municipality.

(3) Every member of a council who knowingly permits a municipal treas urer or any other official whom the council has required to furnish a bond, to enter on his duties or discharge his duties at a time when he is not bonded or guaranteed is. to the extent of the sum in which the treasurer or other official should have been bonded or guaranteed, jointly and sev erally liable for any default of the treasurer or other official, except only any councillor who appears by the minutes ofthe council to have voted in favour of a resolution prohibiting the treasurer or the other designated official from entering on or discharging his duties at a time when he is not bonded. 16

Section 94(4) and (5) presently read:

(4) This

section does not apply to a person by reason only of his being a member or shareholder in a recreational or social organization that is operating on real property in which the municipality has an interest.

(5) This

section does not apply to a person by reason only of his being a member of the board of directors of a foundation or association formed for the purpose of staging British Commonwealth Games, Canada Winter Games or Canada Summer Games.

Section 105 is amended by striking out "distinct" 18 The following is added after

section 105: 105.1 Before a proposed by-law is finally passed each member of council present at the meeting at which the by-law is finaUy passed shall be provided with an opportunity to review the fuU text of the by-law. 19

Section 110 is amended by adding the following after subsection (5):

(6) Any person who uses a municipal form in a manner that deceives or is likely to deceive any other person is guilty of an offence.

(7) In subsection (6) "municipal form" means a form or other document prescribed by a municipality for the purpose of en forcing a by-law or a form or other document that resembles or is apparently intended to resemble such a form or document. 20

Section 113(2)(

a) is amended by adding "and any equal or lesser number of other persons that the council considers advisable" after "its members". 21 The following is added after

section 115: 115.1 A councU may pass a by-law authorizing the mtmicipal- ity to acquire, hold and dispose of shares in the Alberta One Call Location Corporation. 22

Section 123 is amended (

a) in subsection (2) by striking out "it shaU be held not later than March 31, except in a summer village where the meeting shaU be held not later than August 31, and"; (

b) by adding the following after subsection (4):

(5) If no annual meeting is held before April 30, or in the case of a summer village before August 31, the municipal inspector's report on the affairs of the mimicipaUty shaU be pubUshed by that date by the municipaUty in an issue of a newspaper circulating within the municipality.

Section 105 presently reads: 105 Every by-law shaU have 3 distinct separate readings before it is finally passed, but not more than 2 readings of a by-law shaU be had at any one meeting unless the members present unanimously agree to give the by-law 3rd reading. 18 Full text of by-law must be presented to council. 19 Creates an offence with respect to the use of a municipal form in a manner that is likely to deceive. 20

Section 113(2)(

a) presently reads:

(2) When an agreement is entered into pursuant to subsection (1). the council may in the by-law (

a) appoint one or more of its members to be members of a joint committee with members appointed by the board of trustees of a school district or school division or by the councils of other municipalities or the appointee ofthe Minister on behalf of any improvement district or special area, and 21 Ownership of shares in Alberta One Call Location Corporation. 22

Section 123(2) and (4) presently read:

(2) If an annual meeting is held in any year it shaU be held not later than March 31, except in a summer village where the meeting shaU be held not later than August 31, and notice ofthe meeting shaU be given by causing U to be (

a) mailed at least 16 clear days before the date ofthe meeting to each resident ofthe municipality, or (

b) published in an issue of a newspaper circulating within the munic ipality once a week for 2 successive weeks, the last of which shaU be published not less than 7 clear days prior to the date ofthe meeting

(4) The mayor shaU cause to be read to the meeting the latest municipal inspector's report on the affairs ofthe municipality.

Section 125(1) is amended by adding "imder this Act" after "ju risdiction" 24

Section 126(6)(

a) is ameruied by striking out "Soldiers' Settle ment Board" and substituting "Soldier Settiement Board (Canada)". 25

Section 127 is amended (

a) in subsection (2) by adding the following after clause (a): (

b) to sell to any person any land, building or portion of a building at a sum less than the fair actual value at the time of sale, except where the sale is for the purpose of providing land on which housing is to be constructed, (

b) by adding the following after subsection (2):

(2.1) In subsection (2)(b) "fair actual value" means market value less the value as determined by the coimcil of any con ditions imposed on the development of the land. 26

Section 131(

c) is ameruied by striking out "Preventive Social Ser vices Act" and substituting "Family and Community Support Services Act".

Section 125(1) presently reads: 125(1) If a petition is submitted to the councU for a by-law dealing with any matter within its legislative jurisdiction, the councU shaU cause a by law dealing with the subject matter ofthe petition to be prepared and read a first time. 24

Section 126(6)(

a) presently reads:

(6) A council may acquire by gift (

a) from the Crown in right of Canada, the Crown in right of Alberta, the Soldiers' Settlement Board or the Department of Veterans'Affairs, any land situated inside or outside the municipality; 25

Section 127(2) presently reads as follows:

(2) The disposal of any land or estate or interest in land as authorized by subsection (1) does not require the assent of the electors except that the councU does not have power (

a) to dispose of land or any estate or interest in land that was ac quired (

i) for a public park, recreation grounds or exhibition grounds, or (ii) as environmental reserve, municipal reserve or municipal and school reserve pursuant to the Planning Act. (

b) repealed 1981 c25 sl2, (

c) to rent or lease to any person any land, buildings or any portion thereof at a rent less than a fair rental value except when the leasing is to a school, welfare organization, community service club or other organization if. in the opinion ofthe council, the school, welfare or ganization, community service club or other organization is carrying out or proposes to carry out activities beneficial to the municipality or except where the leasing is under a housing project under

Part VI of the National Housing Act (Canada), or (

d) to dispose of or to devote to any other purpose land, buildings or any portion thereof that have been dedicated to the municipality by gift for a specific purpose, when the land or buildings have been ac cepted by the municipality for that specific purpose without (

e) in the case of municipal reserve or municipal arui school reserve, complying with the requirements ofthe Planning Act with respect to the sale, lease or other disposal, and (

f) in every other case, except for environmental reserve or where land that was acquired for a public park, recreation grounds or exhibition grounds is rented or leased to a community association, advertising the disposition, and the provisions of

section 324 relating to the re quirements of submitting the matter to a vote ofthe proprietary elec tors apply, with aU necessary modifications, to the disposition. 26

Section 131 presently reads: 131 A councU may acquire, construct, equip and operate land, buildings and facilities for

Section 147(1) is repealed and the following is substituted: 147(1) A councU may, by by-law approved by the Minister, adopt a crest or coat of arms for the municipality. 28

Section 151 is amended by adding the following after subsection (2):

(3) A councU may by resolution provide that subsection (1) does not apply with respect to a specified portion of a contract that contains technical or commercial information the release of which could jeopardize the fiiture competitive position of the contrac tor. 29

Section 164(b)(

i) is amended by adding "within a reasonable dis tance from the point of seizure" after "impounding'! 30 The following is added after

section 171: Business RevitaUzation Zones 171.1 In sections 171.2 to 171.8, (a) "board" means the board of directors estabUshed under

section 171.2; (b) "Business RevitaUzation Zone" means a Business RevitaUzation Zone designated under

section 171.2.

(

a) recreational and similar use by senior citizens, (

b) use as a municipal day care centre, and (

c) a program, project or service uruler the Preventive Social Services Act. 27

Section 147(1) presently reads: 147(1) A councU by by-law approved by the Lieutenant Governor in Coun cil may adopt a crest or coat of arms for the municipality. 28

Section 151(1) presently reads: 151(1) Any elector or owner or purchaser of land within the municipality may at all reasonable times inspect (

a) any contract approved by council or an executive committee and any by-law or account after it has been submitted to the council, (

b) any report of the commissioners or of any committee or of any official ofthe municipality after it has been submitted to the council, other than an opinion or report of the municipal solicitor or of any counsel engaged by the municipality, and (

c) the minutes of council, after they have been adopted by the council, and the municipal secretary shall within a reasonable time after receiving a written demand by an elector or owner or purchaser of land within the municipality furnish him with copies of any of those documents or parts thereof at the rate of not more than 50c per 100 words, each figure to be counted one word, or at a rate of not more than $1 per reproduced page or part thereof. 29

Section 164(b)(

i) presently reads: 164 For the purpose of regulating and controlling animals a councU may pass by-laws (

b) restraining and regulating the running at large of dogs, and (

i) providing for the impounding of dogs running at large and for the killing, sale or other disposition of impounded dogs if not claimed from the pound within a specified time or if the claimant does not comply within a specified time with any conditions gov erning payment of costs arui expenses arui removal from the pound that the by-law provides. 30 Business RevitaUzation Zones. ExDlanatorv Notes

171.2(1) On the request of at least 10 persons in an area who are shown on the current assessment roU of a municipality as being assessed for business assessment, a councU may, by by-law, (

a) designate the area as a Business RevitaUzation Zone and prescribe its boundaries, and (

b) estabUsh a board of directors for the Business RevitaU zation 2^ne.

(2) Notice ofthe intention ofthe councU to pass a by-law under subsection (1) shaU be mailed to every person in the area who is shown on the current assessment roU ofthe municipaUty as being assessed for business assessment with respect to that area.

(3) No by-law under subsection (1) shaU be passed where the councU receives a petition objecting to the passing of the by-law signed by persons entitled to notice representing at least Vs ofthe business assessment in the area within 60 days from the day on which the last notice was maUed.

(4) Where the councU is prevented from passing a by-law by reason of a petition under subsection (3), the council may, on the expiration of 2 years from the day on which the petition was received, again proceed under this

section to designate the area as a Business RevitaUzation Zone. 171.3(1) A board is a corporation and shaU consist of (a) 1 or more members of council, and (

b) not more than 10 individuals nominated by any of those persons referred to in

section 171.2(2) appointed by a resolution of the councU.

(2) The councU may, by resolution, remove any person ap pointed under subsection (1) and appoint another person to re place him.

(3) Where a vacancy occurs in the membership ofthe board, the council shaU appoint a person who is eligible under subsection (1) to fiU the vacancy. 171.4 The purposes of a Business RevitaUzation Tjonc Associ ation may include aU or any ofthe following: (

a) to improve, beautify and maintain municipaUy owned lands, buildings and structures in the area, in addition to any improvement, beautification or maintenance that is provided at the expense of the municipaUty at large; (

b) to acquire, by purchase, lease or otherwise, any real prop erty necessary for its purposes and improve, beautify and maintain that property; (

c) to promote the area as a business or shopping area;

(

d) to undertake interim improvement and maintenance of any property mentioned in clause (

b) for use as parking and subsequently to dispose of that property, by sale, lease, ex change or otherwise, for pubUc or private redevelopment for commercial purposes at a price not less than its fair market value; (

e) to conduct any studies or prepare any designs that may be necessary for the purposes of this section. 171.5(1) At the time and in the form prescribed by the councU, a board shaU submit to the councU for its approval the estimates of the board for the current year and may request of the councU any sums of money required to carry out its powers and duties.

(2) On receipt of the estimates, the council shall provide, in the form and manner it considers adequate, to every person assessed for business purposes in the area, notice ofthe estimates and the date and place ofthe councU meeting at which the estimates wiU be considered.

(3) On approval of aU or part of the estimates, the coimcil shaU direct the payment ofthe approved amount to the board.

(4) The board shaU expend only money included in the estimates approved by the councU and any member of the board who au thorizes the expenditure of money not previously approved by the councU is guUty of an offence and Uable to a fine of not more than $500.

(5) No indebtedness extending beyond the current fiscal year shaU be incurred by a board.

(6) In addition to the amoimt payed under subsection (3), the councU may contribute to the board fimds (

a) from money coUected from the municipaUty at large, or (

b) from money coUected as payments pursuant to an off- street parking levy pursuant to the Planning Act if that money is used for the purposes described in

section 171.4.

(7) The board shaU include in its estimates any funds (

a) contributed by a councU pursuant to subsection (6), or (

b) received from the disposal or conveyance of real property for commercial development, but no such funds shaU be used for the promotion of the area as a business or shopping centre or for studies under

section 171.4. 171.6(1) Subject to those maximum and minimum charges that the councU may specify in the by-law, the councU shaU authorize, by by-law, the levy, on aU business assessments in the area, of a uniform rate that the councU considers sufficient to raise the amount required for the purposes of

section 171.5(3). 10

•\ 0 Explanatory Notes

(2) Any levy imposed under subsection (1) may be collected in the same manner and with the same remedies as provided in the Municipal Taxation Act for the coUection of taxes on business assessments but the limitations imposed by

section 82(3) of that Act do not apply to a by-law under this subsection.

(3) In addition to the levy under subsection (1), the councU may, by by-law, provide that the sum required for any specific activity ofthe board shaU be raised by a special benefit levy on the busi ness assessment of those businesses considered by the council to receive a special benefit and the provisions ofthe Municipal Tax ation Act with respect to local improvement taxes apply to a special benefit levy under this subsection,

(4) The municipal secretary, or the assessor in the case of a city, shaU include in the general roU the businesses that are subject to a Business RevitaUzation Zone levy. 171.7(1) On or before March 1 in each year a board shaU submit its annual report for the preceding year to the councU and that report shall include a complete audited financial statement of its affairs, with a balance sheet and a revenue and expenditure state ment.

(2) AU books, documents, records of transactions, minutes and accounts of a board shaU, at aU times, be open to inspection by the municipal auditor.

(3) A board may (

a) appoint one of its members, (

b) hire any person, or (

c) by agreement with the councU, rely on the municipality to maintain any books, documents, records of transactions, mm- utes and accounts, and for making and receiving payments. 171.8(1) A councU may, by by-law, amend the boundaries of a Business RevitaUzation Zone.

(2) The provisions of

section 171.2(2) and (3) apply to a by-law under this subsection with respect to any business proposed to be added to the area.

(3) A by-law under this subsection shaU not come into force untU the next January 1 after its passing. 171.9(1) A by-law passed pursuant to

section 171.2(1) may be repealed by a by-law of the councU to take effect on December 31 in the year in which it is passed.

(2) The provisions of

section 171.2(2) and (3) do not apply to a by-law under this section.

(3) If a by-law passed pursuant to

section 171.2(1) is repealed, 11

the board shaU cease to exist and its undertakings, assets and liabilities shaU be assumed by the municipality. 31 The following is added after

section 172: 172.1(1) Subject to any special Act or agreement, the councU of a city has the power and shaU be deemed always to have had the power to dispose of an estate or interest in a public highway, road, street, lane or aUey in the city so long as the disposition does not amount to a sale or lease or require a road closure withm the meaning of

section 180.

(2) Notwithstanding subsection (1), no estate or interest disposed of under that subsection shaU be registered in a land titles office. 32

Section 175 is repealed and the following is substituted: 175 A council may by by-law (

a) provide for the orderly numbering of parcels of land and buUdings and units and sub-units within buUdings, (

b) require owners or occupants to display the numbers as signed to their land, buUding, units or sub-units, (

c) provide for the revision of the numbers assigned and re quire owners or occupants to display the numbers so revised, and (

d) delegate any of its powers or duties under this

section to one or more officials or employees of the municipaUty. 33

Section 179(1) is amended by striking out "councU or" and sub stituting "coimcil of'. 34 The following is added after

section 180: 180.1 Notwithstanding

section 180, a councU by resolution or a municipal official if authorized by a resolution of the councU may temporarily close a street, road, lane or public highway or any part of it at any time that a construction or maintenance project adjacent to the street, road, lane or pubUc highway may create a hazard. 35

Section 223 is amended by cuiding ", games arcades or simUar estabUshments" after "rooms" wherever it occurs.

31 Disposal of estate or interest in highway. 32

Section 175 presently reads: 175 A councU may pass a by-law for the orderly numbering of houses on lots on the streets and avenues and for the renumbering of them from time to time as the councU considers expedient. 33

Section 179(1) presently reads: 179(1) A councU of a city may pass a by-law for the purpose of establishing a maU or pedestrian promenade and the councU or any other municipality may do so with the approval ofthe Minister of Transportation. 34 Temporary closing of streets etc. 35

Section 223 presently reads: 223 A councU may make by-laws (

a) governing the licensing of billiard rooms; (

b) fixing licence fees for billiard rooms; (

c) regulating the operation and hours of business of billiard rooms; (

d) fixing a minimum age for admittance to or patronizing of billiard rooms. "12 Explanatory Notes

Section 225 is amended (

a) by adding the following after subsection (1):

(1.1) A councU may appoint an appeal board consisting of not fewer than 3 persons to hear an appeal under subsection (1).

(1.2) An appeal board that hears an appeal under this

section may (

a) confirm the refusal, revocation or suspension, (

b) direct that the Ucence be issued, (

c) reinstate the revoked Ucence, or (

d) remove or vary the suspension. (

b) in subsection (3)(

b) by adding "or the appeal board, as the case may be," after "councU'! 37

Section 228 is repealed. 38

Section 238(2) is amended by striking out", boxing matches and wrestUng matches" and substituting "and boxing, kick boxing, judo, karate, wrestling and similar matches". 39

Section 248(4)(

b) is amended by striking out "3" and substituting "2".

Section 225(1) and (3) presently read: 225(1) A councU may refuse to grant or may revoke or suspend a licence on grounds which, to it. appear just and reasonable and may delegate to a municipal officer on the terms and conditions the council by by-law determines, the power to refuse to grant or revoke or suspend any licence if in his opinion there are just and reasonable grounds for the refusal of the application or for revocation or suspension ofthe licence, subject to the right ofthe applicant to appeal the refusal or revocation or suspension to the council.

(3) A suspension of a licence under this

section may be (

a) for a period of time not exceeding the unexpired term ofthe lic ence, or (

b) if the suspension is for non-compliance with a by-law. until the holder ofthe suspended licence, in the opinion ofthe council, complies with that by-law. 37

Section 228 presently reads: 228 No municipality or municipal official shaU issue a licence to anyone (

a) as owner of a motor vehicle, chauffeur, dealer in motor vehicles or keeper of a garage. (

b) as auctioneer. (

c) as hawker or pedlar (

d) as owner proprietor lessee, manager agent or person in charge of a menagerie, circus, wild west show, trained animal show or similar show, (

e) as owner proprietor lessee or manager of a theatre, moving pic ture theatre, opera house, concert hall, dance hall, assembly room or other place of public entertainment or film exchange, or (

f) as itinerant exhibitor of moving pictures, moving picture operator or operator's apprentice, or to any other person required by law to obtain a Government licence untU the applicant has first produced the proper Government licence and no licence issued by a municipality without that production is valid. 38

Section 238(2) presently reads:

(2) Without restricting the generality of subsection (I), a councU may pass by-laws to control and regulate, or may appoint a board or commission to control and regulate sparring exhibitions, boxing matches and wrestling matches, and mayprohibU such exhibitions or matches without the written authority ofthe councU or the board or commission. 39

Section 248(4)(

b) presently reads:

(4) The by-law is not enforceable with respect to property untU notice has been sent by registered maU to or served on the assessed owner and all •\ 3 Explanatory Notes

Section 251 is amended by striking out "% vote of all the mem bers" and substituting "vote of % ofthe whole councU'! 41

Section 253 is amended by renumbering it as

section 253(1) and by adding the following after subsection (1):

(2) Subject to the approval ofthe Lieutenant Govemor in Coun cil, a municipality may acquire mineral rights incidental to the operation of a pubhc utiUty owned by the municipaUty. 42

Section 279 is amended (

a) in subsection (l)(

a) by adding "or part ofthe mimicipaUty and the residents of that part" after "residents"; (

b) in subsection (2) by adding "or to the residents of part of a municipality" after "municipality'! 43

Section 281(4) is amended by adding ", unless the councU ofthe new municipality decides otherwise and so notifies the person hold ing the franchise in writing prior to the incorporation, annexation or inclusion," after "shall'!

persons shown by the records ofthe land titles office to have an interest in the property and on the occupant, if any. (

b) stating the time within which the repairs are to be made or the clearing is to be done, which shaU not be less than 3 months, and 40

Section 251(1) presently reads in part: 251(1) A council, by a % vote ofaU the members, may pass by-laws (

a) directing that the owner of any building situated on land abutting on any street or public place wherein there is a sewer and water main shaU install, in the building, connections with the sewer and water mains, arui any apparatus arui appliances required to ensure the proper sanitary condition ofthe building arui premises. 41 Acquisition of mineral rights. 42

Section 279 presently reads: 279(1)' A council, with the approval ofthe Public Utilities Board, may (

a) enter into a contract with a person undertaking to provide the municipality and its residents with a supply of telephones, transpor tation, light, power, natural gas. artificial gas, water and heat, or any of them, and (

b) confer a special franchise on that person in respect to the subject matter ofthe contract, for any period not in excess of 20 years.

(2) When a person undertakes to provide a community antenna television system to the residents of a municipality, a contract may confer a special franchise on the person for a period not in excess of 20 years.

(3) The provisions of

section 324 relating to the requirement of advertising and if necessary submitting the matter to a vote of the proprietary electors apply, with aU necessary modifications, to a by-law passed pursuant to this section. 43

Section 281(4) presently reads:

(4) When pursuant to this or any other Act. an area is or has been here tofore incorporated as. or annexed to, or included in a municipality. (

a) a special franchise with respect to the area, or (

b) a contract for the supply of light, power natural gas or water to persons resident in the area, conferred or entered into by the governing authority previously having jurisdiction in the area and that has become operative therein shaU be deemed to have been conferred or entered into on its original date by the councU ofthe new municipality and to have become operative therein and sections 279 and 280 and this

section apply with aU necessary modifica tions, to the special franchise or contract. •\ 4 Explanatory Notes

44 The following is added after

section 283: 283.1(1) Where the franchise area of a rural gas utUity as defined in the Rural Gas Act is reduced by municipal annexation, the PubUc UtUities Board may make an order as to aU or any ofthe following: (

a) the payment of compensation to the owner ofthe utility; (

b) the payment of compensation to aU or any of the con sumers of the utiUty; (

c) the amount of compensation payable under clause (

a) or (

b) and the time period within which it must be paid; (

d) the municipaUty or utiUty that shaU pay the compensa tion referred to in clause (

a) or (b); (

e) whether all or part of a Govemment grant received by the UtiUty for the purposes of capital constmction costs should be repaid to the Govemment; (

f) any other matters that the Board considers necessary with respect to the reduction of the franchise area of the utility.

(2) Compensation payable under subsection (l)(

a) or (

b) may in clude compensation for the foUowing: (

a) the cost of facUities and equipment ofthe mral gas utility that were transferred to a municipaUty, based on new replace ment cost less depreciation; (

b) the cost of relocating any rural gas utility plant and equip ment as a result of the annexation; (

c) severance damages based on (

i) a period of time that the Board considers reasonable, (ii) the number of consumers served and the gas load in the annexed area compared to the total number of con sumers and gas load for the rural gas utUity, (iU) the effect on the capital costs per consumer of the mral gas utiUty, (iv) the economic effect on the overaU operation of the rural gas utiUty, (

v) the loss of future benefits to the mral gas distributor, and (vi) the economic effect on the rural gas utility consumers in the annexed area. 45

Section 316(1) is amended by striking out "$100" and substitut ing "$500'!

44 Compensation to rural gas utihties affected by annexation. 45

Section 316( 1) presently reads in part: 316(1) If a person ^g Fxnlanatorv Notes

Section 322 is amended by adding the following after subsection (6):

(7) The interest charges for a temporary loan borrowed pursuant to subsection (1) may be included in the capital costs for deben ture purposes. 47

Section 330(3)(

c) is amended by striking out "the total assessed value ofthe land, excluding improvements, charged with the special assessment and'! 48

Section 338 is amended (

a) in subsection (l)(

c) by cuiding ", or that the maximum rate of interest shaU be the interest rate fixed from time to time by the Alberta Municipal Financing Corporation," after "interest"; (

b) in subsection (2)(

c) by adding "or provide that the debentures shaU bear interest at a rate not to exceed the interest rate fixed from time to time by the Alberta Municipal Financing Corpora tion," after "thereon,"; (

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

(3.1) The terms of any debentures issued under this

section may provide that the interest rate and the amounts of interest

(

i) wilfully and without authority, hinders, interrupts or cuts off the supply of a public utility. he is guilty of an offence and liable to a fine of not more than $100. 46

Section 322 presently reads: 322(1) When a councU has adopted its program of capital works and experuiitures to be undertaken in any year the councU may by by-law authorize the mayor and treasurer to borrow, from time to time, any sums the councU considers necessary to provide for the temporary financing of the works and expenditures at any time pending the issuance ofaU or any part ofthe debentures therefor

(2) The municipality may as security for the loan, give promissory notes or similar forms of obligation signed by the mayor and treasurer and each promissory note or obligation is valid and binding on the municipality according to its tenor.

(3) The term ofthe promissory note shall in no case exceed 3 years.

(4) The amount so borrowed in any year shaU not exceed the aggregate amount ofthe estimated cost ofthe program of capital works and expend itures of that year or any prior year for which debentures have not been issued after deducting therefrom any revenue accruing to the program by way of grants or contributions.

(5) No by-law pursuant to this

section has any effect untU it has received the approval ofthe Local Authorities Board.

(6) The proceeds of every loan shaU be applied to the purposes stated in the by-law. 47

Section 330(3)(

c) presently reads:

(3) Every by-law providing for the raising of a portion ofthe cost payable by way of special assessment or of any part thereof shaU state by recital or otherwise. (

c) the total assessed value of the land, excluding improvements, charged with the special assessment and if any portion of the debt created by the by-law is to be borne by the municipality at large the total assessed value according to the last revised assessment roll. 48

Section 338(1 )(

c) and (2)(

c) presently read: 338(1) The by-law creating the debt shaU state, by recital or otherwise. (

c) the maximum rate of interest and whether it is to be paid annually or semi-annually,

(2) Every such by-law shaU (

c) ftx the maximum rate or rates of interest payable thereon, and name the places where and the time when the principal and interest are payable. Cvnianatnrv Nntp«

and principal payable annuaUy shaU be subject to change on any anniversary date ofthe debentures then outstanding. 49

Section 350 is amended by adding the following after subsection (1):

(1.1) The countersignature by the Board may be printed, Utho- graphed or otherwise mechanicaUy reproduced under those con ditions that may be authorized by the Board. 50

Section 353(5)(

a) is amended by striking out "all the members ofthe councU" arui substituting "the whole councU'! 51 The following is added after

section 353: 353.1(1) This

section appUes to a municipality with a population in excess of 40 000 persons.

(2) When a by-law has been passed under

section 324 or 353 to authorize debenture borrowing, the councU, without the assent of the proprietary electors, may pass by-laws (

a) governing the issue and sale of debentures in an amount or amounts not exceeding in the aggregate the amoimt pre scribed in the by-law authorizing debenture borrowing, and (

b) governing the method of repaying at maturity or renewing at maturity or redeeming prior to maturity the whole or any part of any outstanding debentures or other securities of the mimicipaUty notwithstanding that those debentures were is sued before or after the coming into force of this section.

(3) A by-law under subsection (2) may specify (

a) the date or dates of the debentures, (

b) the interest rate or rates ofthe debentures, (

c) the currency or currencies or units of monetary value in which the debentures are payable, (

d) the place or places where the debentures are payable, (

e) the time or times at which the debentures are payable, and (

f) the manner and terms and conditions of payment of the debentures.

(4) Every by-law under subsection (2) shaU provide for raising sufficient money in lawful money of Canada in each year during the currency of the debentures as may be required to pay an nuaUy the foUowing:

Section 350(1) presently reads: 350(1) When a by-law has been approved under this Act. the Local Au thorities Board, on the application of the council, may countersign the debentures that are issued or that may be issued under the authority ofthe by-law. 50

Section 353(5)(

a) presently reads:

(5) The by-law does not require the assent of the proprietary electors or publication pursuant to

section 324 if (

a) it is passed by a vote of% ofaU the members ofthe council, and 51 By-laws governing issue and sale of debentures. •\J Explanatory Notes

(

a) the interest on the debentures; (

b) any principal amount of the debt faUing due in the year to the extent that no sinking fund is available for such pur pose; (

c) in the case of sinking fund debentures, a specific amount which, with a projected rate of earnings, compounded an nuaUy, will be sufficient to pay the principal ofthe debentures at maturity and to the extent that sufficient money is not available from its other sources of revenue shaU provide for the levy of a tax at a uniform rate on the assessed value of aU assessed property shown on the assessment roU.

(5) The levy referred to in subsection (4) need not be made to the extent that provision has been made for the issue and sale of further debentures to refimd the principal of any debentures faU ing due in that year.

(6) A by-law under subsection (2) may authorize the municipal ity to issue a temporary or global debenture in any form and in any denomination or denominations that may be appropriate which shaU be vaUd and binding on the municipaUty and shaU be exchangeable in the manner provided therein for one or more definitive debentures to an equivalent aggregate principal amount payable on the same date and bearing the same rate of interest.

(7) Without restricting the generaUty of subsection (2), (

a) the term of any debenture issued under this

section may be made retractable at the option of the holder thereof to a date or dates prior to the stated maturity date on notice given to the treasurer in the manner provided for in the debenture; (

b) the term of any debenture issued under this

section may be made extendible at the option of the holder thereof to a date subsequent to the stated maturity date and at the same or a different rate of interest on notice given to the treasurer in the manner provided for in the debenture; (

c) any by-law authorizing the issue of new debentures to refund retractable debentures at an early redemption date or to refimd extendible debentures at their extended maturity date shaU provide for the raising of sufficient money to pay the principal and interest on the new debentures in the same maimer pursuant to subsection (4) as for the debentures that are being refunded.

(8) Any by-law under subsection (2) shaU not take effect unless and untU it is approved by certificate of the Local Authorities Board.

(9) Notwithstanding the Local Authorities Board Act or this Act, but subject to the prior approval ofthe Local Authorities Board, ifi

18 Explanatory Notes

a by-law under subsection (2) may be given all 3 readmgs and may be finally passed at the same council meeting by a vote of at least % ofthe whole councU.

(10) Debentures issued under a by-law passed under this

section may be countersigned by the Local Authorities Board and the provisions of

section 350 apply to any debentures so counter signed. 52

Section 414 is amended by adding the following after subsection (9):

(10) In this

section "elector" includes a corporation that owns land in the municipaUty. 53

Section 427 is amended (

a) in subsection (1) by striking out "3 months" and substituting "60 days"; (

b) in subsection (4) by striking out "and any property offered for sale at a public auction and not sold thereat may be otherwise disposed oV and substituting "or'! 54

Section 443(3) is repealed and the following is substituted:

(3) This

section does not apply to (

a) an agreement in existence on June 1, 1968 between the municipality and any person, (

b) the disposal of any land or estate or interest in land in accordance with

section 127, or (

c) an agreement under

section 354. 55

Section 445(2) is repealed and the following is substituted:

(2) The Royal Alexandra Board of Govemors, incorporated by

section 35 of

chapter 9 ofthe Statutes of Alberta, 1963, is contin ued as a corporation under the name "Royal Alexandra Hospi tals" and without restricting the powers it may exercise, the cor poration, subject to the by-laws from time to time of the City of Edmonton and any Act or regulation made under

an Act, may (

a) manage, control and operate the Royal Alexandra Hos pital in the City of Edmonton and any other hospitals that U is authorized to manage, control and operate, (

b) own any or aU of the real property and personal property from time to time constituting the Royal Alexandra Hospitals and any other hospital that it is authorized to manage, control 19

Section 414( 1) presently reads: 414(1) Any elector ofthe municipality may, by notice of motion, apply to the Court of Queen's Bench to quash any by-law. order or resolution of the councU in whole or in part for illegality. 53

Section 427(1), (2) and (4) presently read: 427(1) Except as otherwise provided in this section. aU lost or unclaimed property in the possession ofthe municipality or any department thereof shall be retained for 3 months.

(2) All lost or unclaimed bicycles in the possession of a municipality or any department thereof shall be retained for 45 days.

(4) If property is not claimed within the time limited by this section, it becomes the property ofthe municipality and the municipality may dispose ofthe property by public auction and any property offered for sale at a public auction and not sold thereat may be otherwise disposed of as the councU directs. 54

Section 443(3) presently reads:

(3) This

section does not apply to any agreement between the municipality and any person in existence on June I. 1968 or to an agreement under

section 354. 55

Section 445(2) presently reads:

(2) The Board of Governors ofthe Royal Alexandra Hospital established by by-law ofthe City of Edmonton is hereby declared to be, and to have been since its inception, a corporation under the name ofthe Royal Alex andra Board of Governors, and, without in any way restricting the powers it may exercise, with power to (

a) operate the Royal Alexandra Hospital mentioned in the by-law, and any addition or modifications thereto, for the care and treatment of persons suffering illness, injury or disability for which active treat ment hospital care is required or is proper and (

b) carry on educational activities and provide educational facilities related to the care and treatment of persons suffering illness, injury or disability or relating to the promotion of health and in particular but not so as to restrict the generality of the foregoing conduct a school of nursing. •\ g Explanatory Notes

and operate, with the power to deal with and dispose of the property in the ordinary course of managing, controUing and operating the hospitals or any of them, and (

c) carry on educational activities and provide educational faciUties related to the care and treatment of persons suffering illness, injury or disabiUty or relating to the promotion of health and in particular, but not so as to restrict the generahty of the foregoing, conduct a school of nursing.

(3) AU rights and obligations incurred with respect to The Ed monton PubUc Hospital, The City Hospital, The Royal Alexan dra Hospital, Edmonton Hospital Association, The Edmonton Hospital Board and Royal Alexandra Board of Govemors shall be deemed to be and to always have been rights and obligations of Royal Alexandra Hospitals. 56 The following enactments are repealed: (

a) The Edmonton Public Hospital Ordinance (c. 43, Ordinances ofthe North- West Territories, 1900); (

b) An Act to Amend

Chapter 43 ofthe Ordinances ofthe North west Territories, 1900 entitled "The Edmonton Public Hospital Ordinance" (c. 63 S.A. 1906); (

c) An Act to enable the Directors ofthe City Hospital to change the name thereof to "The Royal Alexandra Hospital," and for other purposes (c. 45 S.A. 1910, second session); (

d) section 6 of The Statute Law Amendment Act of 1913 (c. 9 S.A. 1913). In accordance with

section 4(1) ofthe

Interpretation Act, this BiU comes into force on the date U receives Royal Assent. on

56 Repeals obsolete Acts. 20 Explanatory Notes Title: 1983 (20th, 1st) Bill 43, Municipal Government Amendment Act, 1983

Document details

Collection	Alberta — Bills
Citation	L20 S1 3663
Type	bill
Volume / chapter	L20 S1 3663
Language	en
Format	json
Source	PROVINCIAL
Identifier	9d657a4caaf25b194b5cb581e301468cec0ad303

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