Bill 58 (Legislature 2, Session 3)
L2 S3 10763
Alberta — Bills
BILL No. 58 of 1911.
An Act respecting the Department of Municipal Affairs. (Assented to 1911.) 1. This Act may be cited as "The Department of Municipal s~ort •rtu .. Affnirs Act." ~. In this Act, unless the context otherwise requires, the ~1\mtci-. . . . , . . . . Pajllty. (•xpn•sswn "mumc1pahty ' meludes cities, towns, vlllageB, rural municipalitieH, and also local improvement districts. a.
There shall be a department of the publie service of the ork-antza province to be called "The Department of Municipal Affairs," t t~. ovN which the Member of the Executive Council appointed by the Lieuknant Governor under the seal of the province to discharge the functions of the Minister of ~luuiei pal Affairs for tlw time lJI'ing shall preside. 4.
The MiniHtl>r of 1\lunicipal Affairs shall be ent;·usted l'o~·ers . l l d h l . h h d . h' l b an< duties Wit 1 t 1e powers an c arge< Wit t e utlCs w 1c 1 y any rof he law in force in tlw province belong to the office of the Minister :>It tRter. of Municipal Affairs. 5.
Tlw Lieutenant Governor in Council may appoint a Dc•puty <Jffi~er~ 1\linister and such inspectors, clerks, assistants and other ·n<l cJPrks. offi<~crs as may from time to time be required and provide foe the remuneration of the same, and such deputy, inspe<·tors, <'krks, as::;iHtants and other officprs shall do aml pPrfonn a'l ::;uch ads and things relating to the business of the department as they may from tinH' to time be clirect<>d ~to do and perform by the l\1inistN. ().
SuiJ:<·ct to the proviHions of the various Acts frolll time ~egfla- d to time i~ force in Alberta respPcting municipalities the Minister ~u~~fll:'s~ of Municipal Afl'airH shall ha\ <' power to make and enforce re~ulationH governin;~ thP methods of bookkeeping, accounting, reeording and auditing to b<~ used in the municipaliti<'S of th(• pro 1ince; and to procun• and issue to the said municipalities sample Het:-; of books and forms ,,·hich he may deem IleCl'Hsary for tiw proper carrying out of the said rpgulations; and to make and enforce regulations respPcting such other matters and things as shall in his opinion be conducive• to a thorough and :-;ystematie conduct of the affairs of the municipalities by th<' treasurers and othl'l' officers thc·reof. 7.
Tlw Miniskr of Municipal Affairs shall have power to Mlnt~er settle, adjust ami decide any question arising between the ~n;;'l dj~!~ eouncils of diffPrent municipalities respecting any rights, powers '·""At on. or duties conferred upon thPlll by any Act in force in the JH'OVlllCl'. 1\"Sl'I•;("I'IO:\' OF ~IU:\'ICIPAL BOOKS, RECORDS .\Nl> .\CCOUNTS. 8.
Tlwrc shall be attached to the Department of Municipal Inspe~lon · · · . · f :nu !c! Affaii'S one or .tore mspPctors whose duty It shall be from"~' ho k~ 2 time to time ds rec1uired by the Minister to examine and inspect n· ·oro•s a1 d •ac- all books of record and account, all bank books, asscst>ment <'o nts. and colkction rolls and all other papers and matters whatt>oever belonging to any municipality. 9.
The books and records of every municipailty shall be ln pection so inspected at least once in every year and a special inspection~';, ~e,;_';:.~ in the case of any municipality may be ordrred by the Minister~~- ~g~:~-n whenevrr he may deem it advisable or upon petition of the"" ltion. council of the municipality setting forth clearly the reason why in the opinion of the council such special insp('rtion is de<'med necesr,;ary. 10.
Every inspector shall have power to require the attend- t'o er or f ffi f h . . 1. f h m~ lector ance o any o cer o t r mumctpa tty or o any ot er person to equlre t h l l · l att ndance w lOSP presence e may ( l'(~lll necessary l unng t lC cours<• "' meers of his im;ppction and he shall have the same power as is excr- n~< hc;,o;~~s cisabk by any judge or court in civil cases to compel the ~pe tlon. attendance of sueh officer or other. person before him, to comprl tlw JH'O(luction of documents and to take evidence undN oath. 11.
"'lwn required so to do by an inspector every officer t·ro uctlon of the municipality shall produce for examination and in- ~;en '~~u spection all books, rceonb, papers, documents and oth<>r property of the tllllllieipali ty in his poss('ssion. 12. Any b:wk or agcncv of any bank carrying on business '~an ~ to .
Alb l 1[ • f . . d h furn sh m erta s 1a upon request o an mspector actmg un cr t e" at ment provisio·1f' of this Aet furnish him with a statement showing~~~ ~~let the b(t]atH'C or condition of the accounts of any municipality coun s. h~wing an a<"eount with such bank or agcney togpther with a .1y particulars of same that may be required. 13.
After the cotnpletion of his inspection of the books and ~~s~ ~~~~ records of any municipality it shall be the duty of the inspector to m nister to make a report thereon to the Minister and to the mayor, etc. overseer or rc<'VP of th<· munieipality in tlw form prescribed by tlw Ministt>r. 14.
In the event of any inspector reporting such a condition Powe or f ff . . . )' . h . . f h M' . minis er to o a atrs m any mun ctpa 1ty as 111 t c opnnon o t e ll11Stcr tnkP urn- warrants sutttllla•·y aetion hy the municipal council with respect~~~~ "-c to the matters n·ferred to in such report and sixty days elapsing without any satisfactory action being taken then•upon by tlw municipal council the Minister of Munieipal Affai•·s shall deal \\'ith any and all such matters in a manner best cakulatcd to Jl''dtcet ~LJH[ furtlwr the interests of the munieipality aff(•cted; and for sueh purpose may if thought desirable dismiss from office the tn~asurer or other offieel' of a municipality; ancl in t 1 • evr•nt of any such dism :!'sal the eouncil shall forthwith appdttit another person as trP:Jsurcr or other offier·r in his or thci r phee and stea(l. l;).
The Min:stPI' of Municil•al Affairs may upon the petition \u<lit r of the council or of one-thin! of tlw members of the council :~g~';; f..:'~r OJ' in the CCII'!' of a local impi'0\'('111<.'nt crstriet, I'UI'alll\UnicipaJitv secret ry- '11 f fi f h J I 1 . f • treasu ers or VI age o twenty- ve rcc o c e ectors or m case o a town of mu ici- o•· city of one hu;ulrcd freehold electors or burgesses clcjJUte nail tie.· one or mon• persons to audit the books and aceounts of thP tn·asurer of any municipality in Alberta for any particular rwriod; and the cost of any sueh audit to be fixed by the Mi•1ister of Municipal Affai!·s shall be pai(l by the munici- pality. :~ 16.
It shall be the tluty of every inspector to see that the n ty of In- ! . l b h M' . . l l l f sp ctor to rcgu atwns ma1 e y t c mister respectmg t lC met lOL s o <·n orce re- bookkeeping, accounting, l'ecordin~ and auditing of municipal ;~ f~ 1 b~~k- affairs Hl'C' earricd out by the' offiee•·s of <'V<'l"' municirJa!ity. 1<" ·!'ing . .I ' HU It. etC. 17.
The Minist<-r of Municipal Affairs shall be entrusted l'u ers with all the powers and charged with all the duties which under~.';,' ~erred The Local Improvement Act, The Villaqe Act a11d 1'he Educa- mi ister tional Tax Act belong to the office of the Minister of Pu blie Works or the Tax Commissioner of the Department of Public \\' orks. 18.
The Minister of Municipal Affairs may deduct from all \fi• ister · · · ··a · charge t:t xes collected hy hnn such pereentage thereof as he may est1- <nr c~llec- nmk to lw the cost of collecting such taxes and the amounts 110 s. s~1 dt•d!!eLC'd shall form part of the general revenue of the pro- \'111<'<'. No. 58 THIRD SESSION SECOND LEGISLATURE 2 GEORGE V 1911 BILL
An Act respecting the Department of Municipal Affairs. Received and read the First time ..... . Second time ... Third time ................. . HoN. A. L. SIFTON EDMONTO~: JAMES E RICHAHllS, Government Printer o\.D. 1911 Title: 1911 (2nd, 3rd) Bill 58,
An Act respecting the Department of Municipal Affairs