Bill 50 (Legislature 5, Session 4)

L5 S4 9446

Alberta — Bills

BILL No. 50 of 1924.

An Act to amend The Statute Law. (ANI·WIIted tu . 192·1). 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 Sfrcf11te La1v Allll'ltd mellt Act, 1924." 2. The Official Guardiau .4(·f. being

chapter 22 of the ltevised Statutes of Alberta, 1922, is amended by adding sections 16 and 17 thereto as follows: "16. The Lieutenant Governor in Council may, upon the recommendation of the Provincial Treasurer, authorize the Provincial Treasurer to advance to the Otlicial Guardian from time to time by way of temporary loan from the gen eral revenue fund of the Province such sums of money for such period and upon such terms and conditions as may be deemed requisite for the advantageous administration of any estate being administered by the OJii.cial Guardian pm· suant to this Act. "17.

All costs received by the Oflicial Guardian shall form part of the general revenue fund of the Province." 3. The S111ctll Debt/) .4ct, being

chapter 76 of the Revised Statutes of Alberta, 1922, is amended- (cL) as to

section 2 thereof by striking out paragraph (ct) thereof and substituting therefor the following: "(ct) 'Justice' shall mean- (

i) any police magistrate holding a subsist ing appointment under and by virtue of The MagiNtrates all({ Justices Act; (ii) any person holding ollice as a police magistrate under the provisions of The Magistrates nl/(l Jwstice1:1 .4ct; (iii) any judge of the District Court." (

b) By striking out the words "fifty dollars" wherever they occur in the Act, and substituting therefor the words "one hundred dollars."

2 4. A11 Act n 'SJH'cliii!J The Ed111nnton, Dtw ·t•eya/1 allll B l'itish Cofumllia fla if wa 11 , being

chapter 41 of the Statutes of Alberta, 1922, is amended as to

section 2 thereof by strik ing out all words after the words "by a charge upon" where they occur in parag-raph ( c~) thereof, and substituting there for the words "the said extension in such form as the Lieu tenant Governor in Council may approve." 5. The Stt}J}Jlenu•Jitary R(•ve nue Act. being

chapter 40 of the Revised Statutes of Alberta, 1922, is amended as to sec tion 10 thereof by adding to subsection ( 1) the following proviso: "Provided that in the year one thousand nine hundred and twenty-four, and every fifth year thereafter, and not later than September flrst, the municipality may, under the pro visions of its Act for assessment of land, make the assess ment as is provided for in this section." 6. The Raifwn!J Act, being

chapter 48 of the Revised Statutes of Alberta, 1922, is amended as to

section 149 thereof by striking out the words "within the meaning of The Domestic Auimafs Act" where they occur in subsection (1) thereof. ·7. The Wild Lands Ta.t: Act, being

chapter 31 of the He vised Statutes of Alberta, 1922, is amended by striking out

section 8 thereof, and substituting therefor the following : "8.-

(1) All money collected under the provisions of this Act shall be paid to the Minister within ten days after the end of each month in which any money is received, and shall be accompanied by a statement showing the several amounts collected, and the lands from which such amounts we1.·e collected. "

(2) A commission shall be paid to each municipal dis trict of live per cent of the mnount actually collee'ted by it under the provisions of this Act." 8. The Me£licctl Profession Act, being

chapter 209 of the Revised Statutes of Alberta, 1922, is amended as to

section :H thereof by striking out the first five lines of subsection ( 9) thereof, and substituting therefor the following: "

(9) The council shall admit upon the register a graduate of any medical school or college, o1.· of the faculty of medicine of any university approved by the Senate of the University of Alberta." 9. Th l' Drai11a!}c JJistrid:-: Ad, Hl21, being

chapter 4() of the Revised Statutes of Alberta, 1922, is amended as to

section 68 thereof by striking out the words "of the munici pality" where they occur in subsection (2) thereof. '

3 10. Thf' Albr ·rta Sunwys Ar·t., being

chapter 141 of the Revised Statutes of Alberta, 1922, is amended by striking out

section :w thereof, and suiJstituting therefor the fol lowing: "37.-

(1) All surveys made under this Act must be made in person on the ground by the surveyor certifying to the correctness thereof, and a certificate in form A in the sched ule to this Act attached to any plan of a survey shall mean that the survey represented by such plan has been actually carried out by the surveyor so certifying, under his personal supervision and direction on the ground, during the whole time that the survey was in progress, and the survey has been fully posted and completed on the ground, and that the system of survey employed has been in all respects in accordance with all the provisions of this Act. "

(2) Any Alberta land suneyor who violates the provi sions of this

section in making a survey in the field, whether he has signed a certificate in form A or not, shall be liable under

section 38 of The Albel'ta . Lwul Sw·veyors Act, being

chapter 208 of the Revised Statutes of Alberta, 1922, to a charge of misconduct in the execution of the duties of his office, and be subject to the provisions of the said

section 38, and be liable to dismissal or suspension, as provided in the smd section." 11. Tlu-' Stock lns}U'ction Act, 1922, being

chapter 69 of the Hevised Statutes of Alberta, 1922, is amended as to sec tion 24 thereof by striking out the words "correct list of brands on cattle" where they occur in subsection (2) there of, and substituting therefor the words "correct list of brands on stock." 12. The A.utomobil e lnsw·ance Policy Act. being

chapter 45 of the Statutes of Alberta, 1923, is amended as to

section 2 thereof by striking out the words "damage in an auto mobile" where they occur in paragraph (

b) thereof, and substituting therefor the words "damage to an automobile." 13. Thr' Public High1ua!]s Act, being

chapter 45 of the Revised Statutes of Alberta, 1922, is amended b.v striking out the words "market roads" and "market road" wherever they occur in the said Act, and substituting therefor the words "main market roads" and "main market road," re specti ,·ely .. 14. The Minimwn WHg e Act, being

chapter 1R1 of the nevised Statutes of Alberta, 1922, is amended- (

a) as to

section 10 thereof- (

i) by striking out the words "shall determine the time or times" where they occur in subsection ( 1) thereof, and substituting therefor the words "may determine the time or times";

4 ( ii) by adding as subsection ( 3) thereof the fol lowing: " ( 8) Whe1·e, by reason of the season of the year or otherwise. it seems advisable,the board may temporarily increase the working hours for any class of employees and determine the rate at which such overtime shall be remuner ated, and may temporarily increase the num ber of apprentices which may be employed in any trade or occupation." (I>) As to

section 11 thereof by striking out subsection (1), and substituting therefor the following: "11.-

(1) The Minister may appoint inspectors or authorize any person to enter upon any premises whereon any employee is employed and to question any employee apart from her employer with the object of ascertaining whether any order made under this Act is being carried out." ( l') As to

section 12 thereof by striking out the words "not exceeding five hundred dollars and not less than twenty-five dollars" where they occur in sub

section ( 1) thereof, and substituting therefor the words "not exceeding five hundred dollars and costs and not less than twenty-five doJlars and costs." (

d) By adding

section 12n thereto as follows: "12a. Every employer who disobeys any order made by the board, other than an order establishing a minimum wage, or hinders or prevents the entry of an inspector or other person authorized to enter upon premises· under the provisions of this Act, or contravenes any regulation made under the provi sions of this Act, shaii, upon

summary conviction, be liable- " (

a) for a first offence, to a penalty of not Jess than twenty dollars nor more than one hundred dol lars and costs; " (

b) for a second offence, to a penalty of not less than seventy-five doiiars nor more than two hundred and fifty dollars and costs; " ( (') for a third offence, to a penalty of not less than one hundred dollars nor more than five hundred doJlars and costs, with or without imprisonment for a period not exceeding one month." (

e) By adding

section 14£~ thereto as follows: "1-ta. Every employer shaJI, upon request, give to any apprentice who has been employed by him and has left his employment, a written statement of the time of such emplorment." 15. The Albertn Land SurVl'!JOI's Act, being

chapter ~08 of the Revised Statutes of Alberta, 1922, is amended (

a) as to

section j thereof by adding subsection (2) thereto as foJlows: "

(2) Any person who violates the provisions of

5 subsection ( 1) hereof, and any person, not being a duly registered Alberta land surveyor, who acts as a surveyor of lands, or establishes or cau!;es to be established iron posts or monuments, within the meaning of and for the use and purposes of The Albt'l'ta SurVf!/JI:! .4ct, being

chapter 141 of the Revised statutes of Alberta, 1922, or accepts pay ment for the establishment of land boundaries affecting the title to land, except such person be acting as an assistant to, and under the immediate supervision of a duly registered Alberta land sur veyor, who was present on the ground at the time of such survey, shaH be guilty of an offence against this Act, and liable, on

summary conviction, to a penalty of not Jess than forty doHars and ·not more than one hundred dollars." (

b) As to

section 38 thereof by striking out the words "gross negligence or corruption in the execution of the duties of his oJTI.ce" where they occur in subsec tion ( 1) thereof. 1G. The Mentctl Defecti ·ne:; Act, being

chapter 224 of the Revised Statutes of Alberta, 1922, is amended- (

a) as to

section 3 thereof by striking out the wo1·ds "established at Oliver, Alberta," where they occur therein; (

b) as to

section 13 thereof by adding subsection ( 4) thereto as foHows : " ( 4) Any mentally defective person placed by order of the Minister or otherwise admitted may be paroled to the custody of friends, if, in the opinion of the Superintendent, after due inquiry, such course would be in the interests of the mentaHy defective person and the public." 17. The Dental P1·o[ession Act, being

chapter 204 of the Revised Statutes of Alberta, 1922, is amended as to

section 28 thereof by adding thereto the foHowing: "unless the same be true in substance and in fact." 18. The Mu11icipal Hospitals Act, being chapte1· 116 of the Revised Statutes of Alberta, 1922, is amended- (

a) as to

section 17 thereof by striking out the words and figures "sections 16 or 56" where they occur therein and substituting therefor the words and figures "section 16 and subsection ( 3) of

section 28"; (

h) as to

section 4:3 thereof by adding subsection (2a) thereto as foHows: "(2a) The appointment of a secretary or secre tary-treasm·er, or any other ofticer, shaH be subject to the approval of the Minister, who shaH forthwith be advised by letter, and the Minister may confirm the appointment or disaHow the same, in which case the board shall, at its regular meeting (or if there

6 be no regular meeting, within one month after receipt by the secretary of such disallowance, then at a special meeting called for that purpose and held within the said period of one month), appoint an other person as secretary or secretary-treasurer, or any other officer, subject to the Minister's approval ·as aforesaid." 19.

An Act rn;}Jccfiii!J tlw Assessll/t'ld w1d Collct·tiou of Taxes in the Towu of Stettler, being

chapter 24 of the Stat utes of Alberta, 1913, is hereby repealed, but such repeal shall not affect any confirmation of any by-law contained therein. 20. The Alb erta Phcu·mat·eutical A .-;.·wciatiou Ar·t. being

chapter 203 of the Revised Statutes of Alberta, 1922, is amended by striking out

section 33 thereof and substituting therefor the following: "33. Nothing in this Act shall prevent anY person in any place where there is no druggist who habitually keeps a suf ficient supply of gopher poison, who has received a permit so to do from any member of the Alberta Police for1~e, from selling strychnine or other poison for the destruction of gophers to a member of a 'local union' of the United Farm ers of Alberta or to a resident of a municipal district, town or village, provided that such poison is sold in packages labelled with the name of the

article and the word 'poison,' and provided further that the seller shall make an entry in a book to be kept for that purpose, stating the date of the sale, the name and address of the purchaser, the name and quantity of the

article sold and the purpose for which it was stated by the purchaser to be required, to which entry the signature of the purchaser shall be affixed." 21. The Electrical P1·otection Art, being

chapter 192 of the Revised Statutes of Alberta, 1922, is amended as to sec tion 6 thereof by adding at the end of the first proviso the words "or until such later date as may, with respect to any plant and under special circumstances, be prescrihed from time to time by the board." 22. The Municipal District Act, being

chapter 110 of the Revised Statutes of Alberta, 1922, is amended- (

a) as to

section 2 thereof by striking out the word "thereon" where it occurs at the end of pm·agraph (

g) thereof; (

b) as to

section 203 thereof- (

i) by striking out in subsection {1) thereof the words "the two preceding sections" and sub stituting therefor the words "the three preced ing sections''; ( ii) by striking out in subsection ( 4) thereof the words "Minister of Health," and substituting therefor the words "Minister of Municipal Affairs";

7 {r·) as to

section 226 thereof- (i} by striking out the word "thereon" where it occurs at the end of · subsection ( 1) thereof; (ii) by adding as subsection (2) thereof the fol lowing: "

(2) Subject to the provisions of this Act and of The School Asses~;ment Act the property liable to taxation for school purposes shall be the property which is liable to taxation for municipal purposes, or which would be liable for taxation for municipal purposes if situated within a city or town; "Provided however that farm buildings and other farm improvements on unsubdivided farm lands, and live stock and farm implements used and kept on a farm shall be exempt from taxa tion for school purposes." (iii) by changing subsection (2) to (3). (

d) as to

section 228 thereof- (

i) by striking out the words "one thousand nine hundred and twenty" where they occur in sub section (1) thereof, and substituting therefor the words "one thousand nine hundred and nineteen"; and by striking out the words "first day of June where they occur -in the subsection, and substituting therefor the words "last day of August"; (ii) by striking out the words "first day of June" wherever they occur in subsection ( 4) thereof, and substituting therefor the words "first day of September"; (iii) by adding as subsection ( 5) thereof the fol lowing : " ( 5) Land assessed under the provisions of the preceding subsection shall 'be assessed so that its assessment value shall bear a true and just proportion to the value at which the lands in the municipal district were assessed at the time of making the immediately preceding quinquennial assessment." 23.

The Dnirymc11'.<; Act, being

chapter 162 of the Revised Statutes of A,lberta, 1922, is amended by adding the follow ing

section as

section 49 thereof: "49.-

(1) Notwithstanding any other provision in this Act or any other Act all revenue derived from cream grading services shall be deposited in a special trust fund to be called 'The Pro vincial Treasurer's Cream Graders' Account,' out of which the Dairy Commissioner shall pay all proper ex penditures or charges for cream grading service. "

(2) Nothing in this

section shail be interpreted as re scinding any authority given to the Provincial Treasurer or the Minister of Agricultm·e with respect to the purchase, marketing or grading of butter or cream in The Ay'l'iculture De}Htrtme11t A meudm eut Act, 1923."

-, No. 50. FOUR11I SESSION 1!-.IFTH LEGISLATURE 14 GEORGE V 1924 llii .. L

An Act to amend The Statute Law. Rt!ceived and read the First time .................. . Second time ................ . Third time ................. . l-ION. MR. BROWNLEE. EDJIIONTON: J. W. JEFFERY, KINO'S PRINTII:R .&.D.lllU Title: 1924 (5th, 4th) Bill 50,

An Act to amend the Statute Law

Document details

Collection	Alberta — Bills
Citation	L5 S4 9446
Type	bill
Volume / chapter	L5 S4 9446
Language	en
Format	json
Source	PROVINCIAL
Identifier	a0d5d9b23cd8caad9d07f11a545818812612a127

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