Bill 85 (Legislature 2, Session 4)

L2 S4 10690

Alberta — Bills

BI4L No. 85 or 1913. An Ad Relating tol Town Planning. <191~). HIS MAJESTY, by and with! the advice and consent of the Legislative Assembly of thq Province of Alberta, enacts as follows: 1.

A town planning scheme .a.y be prepared in accordance Pr~pa~tlon with the provisions of this Act ith respect to any land which !~pro al is in course of development or ap ears likely to be used for build- i'>1aJ~ ~ ing purposes, with the general ject of securing suitable pro-Schem ; vision for traffic, proper sanitary nditions, amenity and oonven- jence in connection with the layi g out of streets and use of the land and of any neighboring land for building or other purposes. (2) 'Phe t.erm "Local Authori y" a.o; hereinafter used in this Lo~~~!t Act, !'hall mean any City 'or To n Council of any regularly ~~d 0 1r~ster incorporated city or town. or the unicipal Council of any }{nni- define · cipa.lity in the Province of Alber a, and the term "Mini.ster" <1S hereinafter used in this ~ct shall ean the Minister of Municipal Affair~ of the Province of Albert .

(3) Any local authority may ake application to the Minister Appll+uon f'Dr ·authonty to put into effect a town planning scheme or any ~JthoJty. part thereof and the Minister rna ·authorize a local authority to prepare and put into effect a tow planning scheme or any part thereof with referenee to nny lan within or in .the neiglrborhoon of the nrea ov. er whi('h it has unicipal, c~rd,l, if the local :authority satisfies th.nister t at there.;.is~r'ima. facie cuse for makl.ng such a sc ., or the Minister'iriay authorize a local; authorit.y to adopt wi .. ,,, withou modifications any such sohe~e or any part thereof, pro}Joged by ll or any owner.~ of land, w1th respect to which the local auth rity might itself have been :authorized to prepare a. town pla ning scheme. ( 4) The expm'lsion "land like y to be used for building pur- Land .l poses" shall include any land li ely to be used as or for the define". purpose of providing ope11 spac , roads, streets, parks, pleasure or recreation grounds, or for the urpose of executing any work upon or under the land incidont l to a town planning scheme, whether in the nature .of a buildi g work or not, andt the decision of the Minister as to whether Ian is likely to be used for build- ing purposes, shall be final. ( 5) 'l'he Minister may anthlo' ze the inclusion in a town What l,and planning scheme of any land alre dy built upon or any land not ~~c:.'::~rmo. likely to be used for building p poses, if it be made to appear to him that such land is so situat• d that it ought t<> be included, and may provide for the demoli ·on or alteration of any build- ings tlwreon so far as may be ne ssary for carrying th~ scheme into effeet.

(6) A town planning scheme repared or adopted by a local Afprotal authority shall not have effect u less approved by written order ~ec!:t~er of bhe Minister, and the Minister ay refuse.to~approve .any such scheme except with such modifica · ons and:*aubject.·tQ such QOndi- ti,ons as he may think fit to imp e; provided that before· a ~town planning schome can be approve of by the Minister, notice of intention to make application fo its appr·oval must ha.ve been published in the A lber·ta Gazette f the Province for at least one month, and if within twenty-on days from the publication of such notice, any interested pers n or authority files notice of objection in the prescribed mann , such ubj·ectiun shall be heard and adjudicated upon by the Minster or by such board or boards of comrni8Sion as may be appoint• d by the l\.finister for the pur- pO!'es of hearing and adjudicati g upon all or any matters of dispute, which may arise bctwoe a local authority or a respon- sible auLhority, and other intereste parties.

2 In the event of objections ooing susta.ine by the Minister or ~~J~;~~~~ such Board of Commission as he may ap int for the purpose of adjudicating upon them, no proc~edings ~all be taken towar_d carrying par.t of the scheme so obJected to mto eff~ct, but this without prejudice to the preparation of a ne or modified scheme covering the same area or any part thereof

(7) A town planning scheme may be v 'ed or revoked. by a ~~h~~r~eJll':;~ subsequent scheme prepared or adopted by a local authonty or revoked. a responsible authonty, and approved by th Minister in accord- . anoo with the provisions of this Act.

(8) A town planning scheme when apprpved by_ the Minister Etroot ot shall have. effect as if it were specially enact~d in thiS Act. ~~~~::,~ 1 or ~. 'rhe authority to be responsible for the carrying out of a Definition town planning scheme, herein referred to I as the "Responsible JtP..pon!'ible , \ uthority" may be either; Authonty. (a.)· The local authority applying for ap roval of the scheme; (

b) Where land included in :a town p anning scheme is in the area of more than one local authority or in the area of a local aulhorit,Y by who the sCJheme wru; not prepared, the responsible authority may b!} one of those authorities, or fm certain purposes f the scheme it may be one local authority and for cer ain purposes another local authority, or (

c) A body constituted specially for the purpose of the scheme a.s hereiuafter provided a d all nece.'lsary pro vision may be made by the scheme for constituting such body and giving it the necese.ary p wers and duties. (2~ For the purp-~.•.e of p~epariug a town la':ning scheme and ~?:i,~ing carrymg the same mto cfled, a local aut 10nty, or the local Commission. aut!Jorities, where more than one is inter steel, may singly or jointly appoint a eommis~ion ·of not ]f;,,-; til, n five, or more than ten niembers, whose name~ shall be subrnitt d to the Minister for approval, aud upon t.he approval by Lhe Mi 1ister of tbe sclwme, and of tho constitution of the commission named .therein, the commission thus appointed shall become th responsible author- ity for carrying t.he scheme into effect, to hom shall be del~ gated all the powm'S conferred bv, and for the. purposes of th1s Act upon the local authority. · Vacancies as they occur may be filled from time to time by the vacancies. local authoritv or authorities.

(3) The r;ieulenant Governor in Oounci may prescribe a set ~g~t,;nta oc of general provisions (or sepa.m,te sets o general pmvisions ~Ihnnins ad.apted for areas of any special chararter) for carrying out of·" erne. the genernl objeets of town planning sche es and in particular for dealing with matters set out in the Sche ule "A" attached to this Act and the general provisions or sep rate sets of general provisions appropriate to the a.r·ea for whic the town planning scheme is mnrle, shall take effect as part of very scheme, except so far as special provision is made by the sc eme as approved by the Mini,.ter, for the variation or the excl ·on of anv of these general provisions and shall ha.ve the same effect as if specially enacted by thc.Legislature. ( 4) Special provisions shall in addition he inserted in everv Area and tmvn planning scheme defining in such rna ncr as may be preS-~:~:,.~rn ot cribed by regulations under this .Act, the are to whioh the scheme provisions. is to apply and the authority which is to be responsible for enforcing the observance of the scheme, an for the execution of any works which under the scheme, or und r the'Aet, are to be executed by the responsible authority, an providing for any matters which may he dealL with by ge eral provisions and otherwise supplementing, excluding or var 'ng the general pro- visions and abo dealing with any special rcumstances or con- tingencies for which adequate provisi•on is not made in the general provisions, and for suspending, so ar as necessary, for the proper carrying out of the scheme, any enactments, by-laws regulations or other provisions made by a 1 c-al authority, which are in operation in the area included in t e scheme, and such special provision shall have the same effect if specially enacted by the Legislature.

3 ( 5) Spe-cial provision may also be made in every town plann- Funds ing scheme defining the manner in which the funds necessary ~Y:ed. for the carrying it into effect are to procured.

If no such pro vision is made m. the scheme, funds a.y be procured m any way authorized fur local improvement r general purposes by any public or private act in force in th city, town or mw1icipality affectoo by the scheme; provided alw ys that no assessment upon any city, town or municipality shall be authorized by any town planning soheme, without the ?0 nt of th{3 J~ !1-uthority m control of the area affected oomg first had and 'Obtruned; nor :;hall any power to borrow money it,her by ·issue of bonds or otherwise, be conferred upon a resp nsi!ble ·authority, by any town planning scheme, except wit the approval of the local authority having municipal control f the area affected.

(6) The Minister may certify a y by-laws for contracting Minister debts or incurring liabili.ties, and fo this purpose, sections 190 ~:!,~i'iry to 193 inclusive of The Towns Act ~utatis mutandis are hereby by-laws. incorporated into and shall be deem d to be part of this Act.

(7) Any expenses incurred in pr paring 'any town planning Pre!lmtna~y scheme may be paid out of current r enue by the local authority ~x;;ng:s or out of the proceeds of any special tax levied for part purposes l!:'~'~re~ft lot to an amount not to exceed $20,000 n the case of cities, $10,000 Revenue. in the case ,of towns and $5,000 in the CllJSe of other muni- cipalities. 3.

The Minister may make regu1at ons for regulating generally Procedure 1 the proceuure to be adopted with e,'3pect to applications for Regulation, authority to prepare or adopt 1a tow planning scheme, the pre- paration of the scheme, obtaining t e a-pproval of the Minister to a scheme so prepm·od or adopted, and any enquiries, reports, notices or other matters required in onnee.tion with the prepara- tion or adoption or tho approval of the scheme, or preliminary thereto, or in relation to tlte eat-r.ving ut of the scheme, or enfore- iug tbc observance of the provisions t ~ereof.

(2) Provision shall be made by ti ·e regulations: . .. Contenta 4t · (

a) For securing co-operation n the part of the · local ~~=~r:n~. authority with the owners .nd other persons interested cu-opern in the land proposed to he included in the scheme at ttcn. every stage of the proceedi gs by means of conferences !Ulld such other moons as may be provided by the Tegulations; (

b) For securing that notice o~he proposal to prepare or Kc-tlces. adopt the scheme should b given at the e-arliest stage possible to any parties inter -ted in the lund; and (

c) For dealing with the ot er matters mentioned in General.

Schedule "B" to this Act; 4. The responsible authority mat at any rtime, after giving Power to su\:h notice as may be pr vided by a town planning~~,~~:::;:_ scheme and in accordance ith the provisions of this Act· (

a) Reu'tove, pull down, or alter~ny building or other work nemove in the area included in the ;:cheme which is such as to lmUdlnp. contravene the scheme or i the- erection, or carrying out of which any provision f thi:s scheme has not been complied with ; or (

b) Execute any work which i is the duty of any person Execute to e;x;ecute undt;lrt,he schem~ :r ... an;y~~ . .Wh~re,Jt appears ~t'iJ!ior to any authonty that dela m --executH5n">.of •the,<·work would prejudice the efficien operation of the scheme.

(2) Any expenses incurrer1 by the responsible authority under ExpenseA this

section may be, recovered from th persons in default in ~uch ~~c~ver«~. manner and subject to such conditi ns as ma.y be p11ov'ided by the scheme.

(3) If any question arises whetht any building or work Que~~tlona contravenes a town planning schem or whether any provision ~~1:,'111' of a town planning scheme is not co plied with in the erection determloecL or carrying out of any such building r work, that question shall

4 be referred to the Mini'lter on such ~oard as he may appoint for the purpose, and, unless the parti otherwise. agree, shall ~e determined by the Minister or sucJ; oard a;; ar,lntrators and their decision shall be final aml conclusive and bmdmg on all persons. 5.

Any person whose. pl'U]Jei'ly is inJ· uriously affected by the qc.rupensaf l 11 'f l k 1 . uon. makiug of a town f)lanning scheme s 1·a , 1 1e rna es a c aim, for the purpose wit lin the time (if ny) limited by the sc_heme not being le&S than three months a ter the date when notiCe of tl1e approval of the scheme is publis ed in the manner prescribed by regulations made by tbe Ministe , be entitled to obtain com pensation in respect thereof from t~ e responsibl_e authority. .

(2) A. pers~n shall not be fent1 ebd _ 1 tdo. obtam cdompensatlon [~::t: 1 ~0~<lm under this sectwn on account o an, Ul 1ng erecte on or con- pensatlon.l tract made or other thing done wit respcet to land included in a scheme or after tbc t.ime at which he application for authority to prepare the scheme has been rna D, or after sud1 other time as the Minister may fix, for the purp se: Provided this provi!"ion shall not apply as respects any wort: done before the date of the approval f the scheme for the purpose of finishing a building begun or of c ·rying ont a rmniraeL entered into before the application was mad . ~

(3) Where by the making of any town plllllning scheme, any Re~~o~~ib e property is increased in .value, the esponsible authority if they ;~titfe"cl ~. make a claim fior the purpose withi the time, (if any) limited f,i'~i~:~~d t by the scheme, (not being less than three months after the date \ulue. when notice of the approv.al of the scheme is firilt published in the manner pre·acribed by regulati ns mado by the Minister) shall be entit.led to recover from an pcr:::on whose pl'Operty is so increased in value, one-half of t.he a ount of that increase. ( 4) Any question as to whether any property is injuriously Arbitratiol•· affected or incrensed in value within the meaning of this section, and as to thD amount and manne · of payment (wbetl1er b,v in~\alments or othenvi:'

e) or \he :oum which is to be pnid n.~ eom- pensation under this

section or whi h the responsible authority IS entitled to recover from a per-"on whose property is incrcn..<:cd in value, shall be determinBcl by arb t.mtion under the provL~ions of the A 1·bitmtion Act, unless the arties agree on some othor method of determination. ( 5) Any amount due under this ection as compensation to a necovecy person ae;grievea from the re:'ponsib e authority, or to a rcspon- ~~n~'rt~n. sible authority from a pen,on whose l'operty is increused in value, · may lJe rccoycrod summarily as a ci il debt. (G) \\There a town planning sch me is revoked by an orderc .. mp<maa1 of ·the MiHi:4er under t.his 1t0,t, HI person who h.as incurred ~!~i~~h~'1 expenditure for the purpo~e of com lying with the scheme l'hall revoked. he entitled to compensation in ac rdance with this scctiou in Fo far as any ~1.wh expenditure is re dercd abortive by reiiSOn of ll1c revocation of the scheme. 6.

Where property i.~ alleged to be injuriously offectt-d. by Exclualon reason of any provisions l'ontained n a town planning scheme, ~u'::'f:* no compensation shall be pai,d in r poet thereof, if or so fur us certatn the provisions are such as would ha e been enforced if they had ca.s.._ been contained in by-laws made by he local authority.

(2) Propert.y shall not he deem d to be injuriously affocted sg&Cea by reason of the making of any p ovisions inserted in a. town ~ufJ~~np planning s~heme wh_ich, with a vi w. to ~u.ring th~ a.men~ty ~~~ v'!.'"~. 1 of the area mcluded m the scheme' r any·"'part,thereof;' prescnbe the spnee a bout buildings or limit t e number of buildings to he eroded or prescribe J.he height or c ara.cter of buildings or the amount o£1 vacant bud to be taken or parks or open spaces not to exee.erl five ( :

j) per cent. of th total area and which the Minister having regard to the natu e and situation of the land affected by the provisions consider r asonable for the purpose. un Where a per:sou is entitled to compensation under this No doubl.i E art of this Act in respect to any m t.ter or thing and he would c?m~~e~m&~ • l 1 . . ' tlon. Jo enbt e< to compensatiOn m rc cct to the same matter or thing, under any other enactment, he shall not be entitled to

5 compensation in respect of that maf r or thing both tmder this Act and under that other enactme t, ~and shall not be entitled to any greater compensation unde this Act than he would be entitled to under the other enactm t. 7. The responsible authority m*a for the purpooe of a town 1\Iayh plannin. g scheme, purchase any l.an compris.ed in such sche.me ~~~~o~~r:. by agreement, or compulsorily in e same manner and subject to the same provisions as.a ·local .a thority may purchase -under any looal or public 'Act. ·

(2) In the event of oompulsory~purchase, the arbitrators or In~reaae~ arbitrator in deciding on values or ompensation shall take int'o ;:~~e t:.'~j considte.ration tho increased value th t will he given to any lands by the scheme, or by reason of the forcement thereof and shall set off such increased value that ill attach to such lands or grounds against the inconveniences. 8. If the Mini6ter is satisfied on aty representation, af.ter hold- Powers ojl; ing a public enquiry that a local au hority: ~~'!!atr ci~~ (

a) Have f.ailed to take the quisite steps for having a faulf of satisfactory town planning cheme. prepared and approv- a~t'horlty~ to ed in a case where a town Ianning scheme ought to be :;;.'!,~~t~r m~· . ~ . ' . l planning (

b) Havmg fmled to adopt a sc 1eme proposed by owners scheme. of any land in a case wh e a town planning scheme ought to be .adopted, or (

c) Have unreasonably refuse to consent to any modifica tion or conditions impooad y the Minister, the Minister may, as the case requires, order the local authority to prepare and submit for his approval, such a town plan ning scheme, or to adopt he scheme or to consent to the modifications or oonditi ns so inserted: Provided that, where the represen ation is that a local autlJnr ity have failed to adopt a scheme, th .Minister, in lieu of making such an order,, .as ·aforesaid, may a puve.~the_, propooo.d_.llChemt: subjecfto 'such modifications or con itions, 'if 'any, as'''he''thinks fit, and thereupon the scheme shall ave effect ;as if it h[l)d been adopted by the local authority and proved by the Minister. ( ~) If the Minister i6 satisfied n any representation nfter Minister t holding an inquiry, that a respons ble authority has failed to ~~~rve.:'~g ce enforce effectively the observance o a scheme which has been of schew.. confirmed, or auy provisions thereo , or to execute any works, which under the scheme or this A t, the authority is required to execute, the Minister may order t at authority to do all things necessary f.or enforeing the orn~erva ce of the scheme. or any provisions theroof effec~tively, or for exe.cuting any works which under the scheme or tlus part of this ct the authority is required to execute.

(3) Any order urtder this sectlion may be enforced by !lfanda.mu•j mandamus .. _ 9. ~ny expenses incurred by th~ Minister under this Act, Experuoea 4r mcludmg the payment of any Board r Commission shall be paid urt ~mm· out of any funds appropriated from the General Revenue Fund ~ct 116 to the Department of Municipal Aff rs for that purpose. 10. This Act may be citefl ru; "T~e Town Planning Act". How cited.! SCHEDULEI.A: MA'fTERS TO BE DEALT WITH Bt GENERAL PROVISIONS PRESCRIBED BY THE INISTER. 1 .. Strt;ets, tran.nv~ys, ~oads and ot~er ways, and stopping up or diversiOn 'Of exiStmg h1ghways. 2.

Buildings, structures and erectits. 3. 0 en spaces, private and public. 4. The preservation of objects of istorical interest or natural beauty.

6 5. Sewerage, drainage and sewera&e disposal. 6. Lighting. 7. Water supply. 8. Ancillary or consequential workk 9. Extinction or variation of priv~te rights of way and other easements. 10. Dealing with or disposal of! l~nd acquired by the respon sible authority or by a local authorit . 11. Pow•er of entry and inspection 12. Power of the responsible au hority to remove, alter or demolish any obstructive work. 13. Power of th13 responsible aut ority to make agreements with owners, and of owners to make greement.<l with one another . . 14.

Power of the responsible auth rity or a local authority to acoept any money or pi'operty for t e furtherance of the objects of a,ny town planning scheme, and rovision for regulating the aqministration of any such money property. lq. Application' with necessary m difications and aoaptations of statutory enactments. 16. Carrying out and supplementi~g the provisions of this Act for enforcing schemes .. 17. Limitation of time. for operati n of scheme. 18. Co-operation of .the respoi)sibl authority with the owners of land included in the scheme or other person interested by means of conference and other mean . 19.

Charging on the inhe-ritance o any land the value of which is increased by the operation of a tm n planning scheme the sum required to be paid in respect to th t increase and for that pur pose applying with the nece"Sary a aptations, the provisions of any enactments dealing with charg for impvovements of land or making special provisions to gove the same. SCIIEDUUE R. . 1. Proce<:lpreanterior to and for.$. e purpose ol an app.licatipn for authority to· prepare or adopt a s heme. (

a) Submission of plans' and timates. (

b) Publication of notices. 2. Procedure during, on, and aftetthe preparation or adoption and before the approval of the scherr e. (

a) Submiss1on to the Minister f the proposed scheme with plnns and estimates. (

b) Notice Qf submission of pro osed scheme to the Minister. (

c) Hearing of objections and representations by persons affected, including persons epresenting architootural or arclueological societies or therwise interest~d in the amenity of the proposed sch me. (

d) Publication of notice of int tion to approve scheme and the lodging of objections th reto. 3. Procedure after the approval of he scheme. (

a) Notice to be given of the pproval of the scheme. (

b) Inquiries and reports as to beginning and the progress and completion of works nd other action under the scheme. 4. Duty, at any stage, of thB lo al authority ·to publish or deposit for inspection any scheme, r proposed scheme, and the pJ:lns relating thereto, and to give in ormation to persons affooted with reference to any such :lcheme . proposed scheme: 5. The details to be specified in p ans,'<includirig::Wherever the circumstances so require, the restrirti ns on the number of build ings which may bo erected on acre, and the height and oharacter of these buildings. Title: 1913 (2nd, 4th) Bill 85,

An Act Relating to Town Planning

Document details

Collection	Alberta — Bills
Citation	L2 S4 10690
Type	bill
Volume / chapter	L2 S4 10690
Language	en
Format	json
Source	PROVINCIAL
Identifier	a33d32b9ab03f01a4b961bb4e93bb8a0c61f27fc

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