Bill 10 — Third Session, 16Th Legisl:Ittire'/T~·.$Li~"Beth N the Legislative Assembly of Alberta Bill 10 An Act To Amend the Municipal Election Act (Legislature 16, Session 3)

L16 S3 4702

Alberta — Bills

1970 Bill 10 Third Session, 16th Legisl:ittire'/t~·.$li~"beth n THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 10

An Act to amend The Municipal Election Act THE MINISTER OF MUNICIPAL AFFAIRS First Reading .............. ............... . Second Reading ............................ . Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 10 1970

An Act to amend The Municipal Election Act (Assented to , 1970) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Municipal Election Act is hereby amended.

Section 11, subsection (1) is amended by striking out clause (h).

Section 38 is amended (

a) as to subsection (1) (

i) by adding before the words "that is a pro prietary elector" the words "or an estate", (ii) by adding the word "and" at the end of clause (

b) and by adding the following clause after clause (b): (

c) in the case of an estate, may be given by a resident representative thereof authorized by the executor or administrator of the estate. (

b) as to subsection (3) by adding the word "or" at the end of clause (

b) and by adding the following cIa use after cIa use ( b) : (

c) from the executor or administrator of the estate, (

c) as to subsections (4) and (5) by adding after the words "religious organization" the words "or an estate".

Section 43, subsection (2) is amended (

a) as to clause (

a) by adding after the words "reg istra~ion sJ:1all take place" the words "only in the year In whIch a general election is to be held and", (

b) as to clause (

b) by adding at the end thereof the words "during a year in which a general election is to be held".

Explanatory Notes I. This Bill will amend

chapter 66 of the Statutes of Alberta, 1968. 2.

Section 11 (1) (

h) reads: 11.

(1) A person is not eligible to become a member of the council of a municipality if he (

h) is a party to a contract for the purchase or lease of real or personal property from the municipality. 3.

Section 38 (1) 'and (3) presently read: 38.

(1) A corporation or a church or other religious organizatioo'll that is a proprietary elector is entitled tOo one vote only, which (

a) in the case of a corporati'on, may be given by a resident repre sentative thereof authoribed by the corp.oration, and (

b) in the case of a church or other religious .organization, may be given by a resident representative thereof nominated for the purpose by the loca;! governing body of the church or religious organization.

(3) A resident representative is qualified to vote as a proprietary elector and have his name entered on the list of proprietary electors but before voting he shall produce a certificate in the prescri'bed form (

a) from the head office of the C'orporation or from its principal office within Alberta, or (

b) fr,om the local governing body of the church or other religious organization, authorizing him to represent it.

(4) The council may provide that the v'ote .of a representative of a corporation or a church or other religious organization may be taken only in a designated poll or p.olls. 4.

Section 43 (1) and (2) presently read: 43.

(1) Notwithstanding anything in this Act, a municipality may by by-law provide for the completi'on of the list of electors by a system of registration in lieu of enumeration.

(2) Where a by-Jaw has been passed under subsection (1), (

a) registration shall take place during regular municipal office hours and during such other hours as the council may set fr.om the first day of January to one week following nomination day and in the case of a v.ote on a question or by-law within three weeks of the date fixed for voting on the question or by-law, and (

b) sections 99 and 100 do not apply.

Section 44, subsection (3) is amended by adding the following clause after clause (b): (b 1) the name of every person who is the owner or pur chaser of a business liable to taxation for general municipal purposes, whose name appears upon the assessment roll and who is of the full age of 19 years;

Section 46 is amended by adding the following sub section:

(7) This

section does not apply where a system of reg istration in lieu of enumeration is in effect pursuant to

section 43.

Section 61 is amended (

a) as to subsection (2) by adding at the end thereof the words "and shall deliver the nomination papers and other material relating to the nomination Ineeting to the municipal secretary who is there after responsible for their safekeeping", (

b) by adding the following subsection:

(3) The nomination papers and other material relating to the nomination meeting may be in spected at all reasonable times in the presence of the municipal secretary by an elector.

Section 96, subsection (3) is amended by adding after the words "religious organization" wherever they occur the words "or estate". 2

Section 129 is amended (

a) by renumbering the

section as subsection (1), (

b) as to the renumbered subsection (1) by adding after the word "packets" the words ", nomination papers, other election materials", (

c) by adding the following subsection after the re nun1bered subsection (1):

(2) The nomination papers, other election ma ter ial and returns not sealed in the ballot box may be inspected at all reasonable times in the presence of the municipal secretary by an elector.

Section 131 is amended (

a) as to subsection (1) by adding after the word "judge" the words "of the district court in the

2 5.

Section 44 (3) (

b) reads:

(3) The list shall c'o'ntain the following particulars which when pos sible shall be taken from the assessment roll: (

b) the name of every perso? who is the owner of la~d liable ~o taxation for general mUlllClpal purposes, and of WhICh there IS no purchaser, whose name appears upon the assessment roll and who is 'of the full age of 19 yeaI"s; 6.

Section 46 (1) reads: 46.

(1) Any person who is otherwise qualified to vote but whose name does not appear on the list referred to in

section 45 may, at any time during office hours of any business day up to and including the 8th day before the date established f'or polling day, apply to the municipal secretary to have his name added to the list. 7.

Section 61 (2) presently reads:

(2) Forthwith after having declared any person elected pursuant to this

SEction the returning officer in writing, signed by him, shall notify the municipal secretary of the names of the persons so elected and of the offices for which they were elected 8.

Section 96 (3) presently reads:

(3) Notwithstanding subsecUon (2) an elector or proprietary elector who is also an authorized representative of a corp'oration or church or other religi.ous organization, may vote once in his personal capacity, and once 'on behalf of the corporation, church or other religious organization.

Section 129 presently reads: 129. Forthwith after the election the returning officer shall deliver to the municipal secretary the ballot boxes, packets and returns, and the municipal secretary is thereafter responsible for their safekeeping and for their delivery when required.

Section 131 presently reads: 131.

(1) No person shall be allowed to inspect any ballot papers in the cust'ody of the municipal secretary, except on order of a judge which may be granted on satisfactory evidence on oath that the in~ spection or production of the ballot paper is required (

a) for the purpose of maintaining a prosecution for an offence in relaUon to the election, or

judicial district within which the municipality is wholly or mainly situated", (

b) by striking out subsection (2) and by substituting the following:

(2) The order shall (

a) state the time and place for inspecting the papers, (

b) name the persons to be present at the inspec tion, (

c) name the other persons entitled to be present at the inspection, and (

d) be made subject to such conditions as the judge thinks necessary. 11. This Act comes into force on the day upon which it is assented to. 3

(

b) for the purpose of taking proceedings under this Act, to contest an election return, or to prepare an application for a recount.

(2) The order shall state the time and place for inspecting the papers and shall name the persons to be present at the inspection a.nd shaLl be made subject t'o such conditions as the judge thinks expedient 3 Title: 1970 (16th, 3rd) Bill 10,

An Act to amend The Municipal Election Act

Document details

Collection	Alberta — Bills
Citation	L16 S3 4702
Type	bill
Volume / chapter	L16 S3 4702
Language	en
Format	json
Source	PROVINCIAL
Identifier	ad97616d8f5939003bb4618f5324cc50197877b2

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