Bill 50 — Fifth Session, 15Th Legislature, 15 Elizabeth Ii .. - the Legislative Assembly of Alberta Bill So An Act Respecting Municipal Government (Legislature 15, Session 5)

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Alberta — Bills

1967 Bill 50 Fifth Session, 15th Legislature, 15 Elizabeth II .. - THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL SO

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

BILL 50 1967

An Act respecting Municipal Government (Assented to , 1967) HER 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 Municipal Act. 2. In this Act,

PART 1

INTERPRETATION 1. "by-election" means an election held pursuant to

Part 4 to fill a vacancy in the office 'Of mayor 'Or councillor at a time other than a general election; 2. "business" includes business, trade, profession, occupation, employment or calling and the providing of goods and services; 3. "conditiona.l owner" means a person who is a lessee, licensee or p,ermittee from the Government of Canada or the Province, of land or other property if the land or property is not exempt from assess ment and taxation by reason 'Of The Municipal Taxa ation Act; 4. "elector" means a person qualified to vote at an election or at the taking of a vote, as the case may be; 5. "general election" means an election held pursuant to

Part 4 f'Or all the members of a council; 6. "hawker" 'Or "pedlar" means any person who, whether as principal or agent, (

i) goes from house to house selling or offering for sale any merchandise or services, or both, to any person, and who is not a wholesale 'Or retail dealer in such merchandise or services, and not having a permanent place 'Of business in the municipality, or (ii) offers or exposes for sale to any person by means of samples, patterns, cuts or blueprints, merchandise or services, 'Or both, to be after wards delivered in and shipped into the muni cipality, or

2 (iii) sells merchandise or services, or both, on the streets or roads or elsewhere than at a build ing that is his permanent place of business but does not include any person selling, ' (

A) meat, fruit or other farm produce that has been produced, raised or grown by himself, or (

B) fish of his own catching; 7. ':hospital" means a hospital approved by the Min Ister of Health under The Alberta Hospitals Act; 8. "judge" means a judge of the Supreme Court of Alberta or a judge of the district court in the judi cial district within which a municipality is wholly or mainly si tua ted; 9. uland" means land, tenements, hereditaments or any estate or interest therein and, without restricting the generality of the foregoing, includes growing timber but does not include minerals; 10. "Local Authorities Board" means the Board estab lished by The Local Authorities Board Act; 11. UMinister" means the Minister of Municipal Affairs; 12. "mobile home" means (

i) any vacation trailer or house trailer, or (ii) any structure whether ordinarily equipped with wheels or not, that is constructed or manufac tured to be moved from one point to another by being towed or carried and to provide living accommodation for one or more persons; 13. "money by-law" means a by-law which by this Act must be advertised and may be required to be sub mi tted to a vote of the proprietary electors; 14. "municipality" means a city, town, village, summer village or municipal district; 15. 16.

"official" means a municipal commissioner, man ager, secretary, treasurer, assessor, solicitor, a.u~i tor, comptroller, engineer and any other offICl~1 appointed by resolution or by by-law of the councIl and who is required by this Act to make and sub scribe to the official oath prescribed by The Oaths of Office Act; "owner" means (

i) in the case of land, any person who is registered under The Land Titles Act as the owner of land, or (ii) in the case of property other than land, any person who is in legal possession thereof;

17. "'parcel" means (

i) any unsubdivided block or any lot, or any part of such a block or lot in any area of land of which a plan of subdivisiDn is registered in a land titles office, or (ii) in any case where a building has been erected on two or more lots or parts thereof, all such lots, or (iii) where there is no such plan of subdivision, a quarter

section 'Of land according to the system of surveys under The Alberta Surveys Act or any other area the description of which has been approved by the prDper land titles office, Dr (iv) all the land forming part of any railway, irri gation or drainage right of way; 18. "premises" includes the store, office, warehouse, factory, building, enclosure, yard or other place occupied, or capable of being occupied, by any per son for the purpose of any business; 19. "prescribed" means prescribed by the Minister; 20. "proprietary elector" means (

i) a person who is a resident of the municipality and entitled to vote at an electi()n under this Act and whose name appears on the assessment roll in respect of land liable to assessment and taxation, and (ii) a person who is not a resident of the munici pa.lity but who is entitled to vote at an election under this Act and whose name appears on the assessment roll in respect of land liable to assessment and taxation; 21. "public utility" means any municipal revenue wDrk or utility, and includes the municipal (

i) telephone system, (ii) waterworks, (iii) street railways, bus lines or other transporta tion system, (iv) irrigation ditches, (

v) waterways and ferries, (vi) systems for the distribution of gas, whether natural or artificial, (vii) electric or other artificial light or power sys tems, (viii) heating systems, (ix) airport, and (

x) sewers, and includes the service or commodity supplied by any public utility; 3

22 " h " . purc ase.r mea:r;ts any person who has purchased or otherwIse acquIred land or other property within theml!nicipali.ty, whether he has purchased or otherwIse acquIred the same direct from the owner thereof or from another person, and has not become the owner thereof; 23. "ratable property" means the total amount of the assessment of lands, buildings, improvements in cluding pipe lines and power lines and speciallran chises; 24.

"shop" means any building or portion of a building, booth, stall or place where goods are exposed or offered for sale by retail or public auction, and includes barber shops and ladies hairdressing, mani curing and beauty parlors, garages, filling stations and service stations; 25.

"special franchise" means every right, authority or permission whether exclusive or otherwise, to con struct, maintain or operate, within a municipality, in, under, above or on or through or across any highway, road, street, lane, public place or public water within the jurisdiction of the municipality of any poles, wires, pipes, tracks, conduits, build ings, erections, structures or other things for the purpose of bridges, railways, street railways, bus lines or other transportation systems or for the pur pose of conducting steam, heat, water, natural gas or electricity or any property, substance or product capable of being transported, transmitted or con veyed for the supply of water, heat, light, power, transportation, telegraphic, telephonic or other ser vices; 26. r'Tribunal" means the Municipal Appeal Tribunal established under

Part 10. 3.

(1) Where by this Act a certain day is fixed on which or by which certain things are to be done or proceedings had or taken and the day so fixed is a Sunday or other holiday, the things or proceedings shall be done, had or taken on or by the next day that follows the fixed day and is not a holiday.

(2) If any thing to be done by a council or an official or employee of a municipality within a number ~f days or at a time fixed by or under this Act,. cannot ?e or IS not so ?one, the Minister, by order, from tIme to tIme, may apPOInt a further or other time for doing it, whether the time at or within which it ought to have been done has or has not arri ved or expired, as the case may be.

(3) Any thing done at or within the time sl?ec~fied in .the order is as valid as if it had been done at or WIthIn the tIme fixed by or under this Act. 4

( 4) Where by this Act a certain day is fixed on or by which certain things are to be done or proceedings taken, if it appears that the date was fixed having regard to an ear lier fixed date on or by which certain other things are to be done or proceedings taken then, notwithstanding any thing in this Act, if default is made in respect of the earlier date a like del'ay is allowed in respect of the later date. 4. Where a question or by-law is to be submitted or some other thing is to be done which council desires to submit to the electors at the time of a general election or by-election and it becomes unnecessary to hold a general election or by election, then the council (

a) ma.y defer the submission of the question or by-law to the next general election or by-election, or (

b) may submit the question or vote at such other time as the council fixes. 5.

(1) When the boundary of a municipality is wholly or partly described by reference to the boundary of a township or

section of surveyed land along which a road allowance runs, then, unless the description otherwise specifies, the side of the road allowance upon which monuments or posts are placed under any survey made pursuant to any Act of Canada or Alberta relating to surveys is the boundary, except in the case of correction lines, when the south side of the road allowance is the boundary.

(2) Where a street, lane or roadway situated in a munici pality is the boundary of the municipality and the munici pality acquires land for the widening of the street, lane or roadway, the land so acquired shall be deemed to be within the boundaries of the municipality.

(3) A road allowance between an Indian Reserve and a municipality shall be deemed to be in the municipality, not withstanding anything to the contrary in this section. 6. In addition to the powers vested in a corporation by

section 14 of The

Interpretation Act, 1958 every munici pality incorporated under this Act or continued as a cor poration by this Act has for any purpose of a municipality authorized by this or any other Act power to acquire real property by purchase, gift or otherwise and to hold, mort gage, lease, sell or otherwise alienate real property. 7.

(1) Where this Act provides for the doing of any thing by petition, the petition shall consist of one or more pages each of which shall contain an accurate and identical state ment of the purpose and objectives of the petition and (

a) each signature thereto shall be witnessed by an adult person, who shall take an affidavit that to the best of his belief the persons whose signatures he has witnessed are qualified to vote at a general election, and 5

(b) (

c) the address and occupation of each signator thereto shall be set out opposite his signature, and in any petition restricted to proprietary electors t~e l~gal des~ription of the property or other quali~ flCatIOns entItlIng that person to be a proprietary elector shall be set out opposite his signature.

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

a) whose signature appears on a page of the petition which does not contain an accurate statement of the purpose and objective of the petition identical to the statement contained on all the other pages of the petition, or (

b) whose signature is not witnessed, or (

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

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 pro prietary elector is not or is incorrectly des cribed or set out, or (

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

(3) Every petition shall have attached to it a signed statement of a person whose name appears upon the peti tion, stating that he represents the petitioners and that he is the person to whom the municipality may direct any enquiries with regard to the petition. 8. When determining the residence of any person for the purpose of establishing the responsibility of a municipality under (

a) The Public Welfare Act, or (

b) The Child Welfare Act, 1966, or (

c) The Juvenile Court Act, or (

d) The Alberta Hospitals Act, residence shall be deemed not to have been acquired in the municipality by virtue merely of residence within a military area or camp under the jurisdiction of the Department of National Defence (Canada) and within the municipality. 9. All the provisions of this Act, except where incon Ristent with the order forming a summer village o~ any subsequent order or regulation applies to a summe.r VIllage, except that unless varied by any order or regulatIOn: 6 (

a) the persons entitled to vote at any election held after a first election are,

(b) (c) (d) (e) (I) (g) (

i) every person of the full age of 19 years whose name appears upon the assessment and tax roll and upon the voters list, and (ii) the spouse of any person whose name appears upon the assessment and tax roll and upon the voters list, if the spouse is of the full age of 19 years; the proprietary electors of the summer village are the persons whose names appear on the assessment roll of the summer village in respect of land liable to assessment and taxation, and who are of the full age of 19 years; an annual meeting for the discussion of village matters shall be held on the Saturday immediately preceding the first Monday in August, which shall also be nomination day, and the election of coun cillors shall take place on the second Saturday in August, from the hour of 12 o'clock noon until the hour of nine o'clock in the evening; nominations shall be received during the time the annual meeting is being held, for a period of one hour to be named in the notice of the meeting; the councillors shall be sworn in and assume office at the first meeting to be held on the first Saturday in September at 7 :30 p.m. at a place to be fixed by the secretary, and shall continue in office until their successors are sworn into office; the appointment of an auditor shall be made at the first meeting in September in each year; in order to qualify as an elector or councillor, no person is required to be a resident of the summer village.

(2) If in any particular or in any ,case it appears to the l\finister to be difficult or impossible to apply the provisions of this Act to summer villages, the Minister may, in his dis cretion alter any dates prescribed by this Act for the doing of any matter or thing, and may give such order or direc tions as are required in the circumstances.

(3) For the purpose of any other Act applying or having reference to a village, a summer village shall be deemed to be a village and the provisions of that Act apply to a summer village accordingly. 10.

(1) The Lieutenant Governor in Council may make regulations dealing with any matter not provided for or insufficiently provided for in this Act but any regulation so made ceases to have any effect after the last day of the next ensuing session of the Legislature.

(2) The Minister may make regulations prescribing forms to be used under this Act. 7

PART 2 FO,RMATION, ALTE'RATION AND DISSOLUTION ~1.

(1) Every municipality in existence immediately prIOr to the commencement of this Act is hereby continued as a body corporate and politic (

a) a~ a ~ity, town, village, summer village or municipal dIstrIct, as the case may be, and with the same status, name and number, if any, and (

b) with all the powers, duties, rights and functions of a municipality under this Act, as if incorporated under this Act.

(2) Any corporation that (

a) was incorporated for any specified purpose by or under a special or general Act governing a muni cipality, and (

b) was in existence immediately prior to the com mencement of this Act, is hereby continued as a corporation with the same powers, duties, rights and functions until lawfully altered. 12.

(1) The Lieutenant Governor in Council, by order, may: 8 (

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

b) either of his own motion or upon receipt by the Minister of a petition (

i) signed by at least 50 per cent of the proprietary electors thereof, and (ii) accompanied by a plan showing the proposed boundaries of the proposed summer village, form any summer resort into a summer village if the area that would be included in the summer village contains not less than 75 separate buildings, each of which has been occupied as a dwelling; (

c) either of his own motion or upon receipt by the Minister of a petition (

i) by at least 50 per cent of the pers.ons wh.o wou}d he proprietary electors of the VIllage, If a VIl lage were formed, and (ii) accompanied by a plan showing the proposed boundaries of the proposed village, form any part of Alberta into a village if t~e area that would be included in the village contaIns not less than 75 separate buildings each of which has been continuously occupied as a dwelling for a period of not less than si~ ~onths immediately prior to the receipt of the petItIOn;

(

d) form a village into a town 0) if the village contains over 1,000 inhabitants, and Oi) if the council of the village has, by resolution, requested the change in status; (

e) form a town into a city (

i) if the town contains over 10,000 inhabitants, and (ii) if the council of the town has, by resolution, requested the change in status; (

f) form a city into a town or a town into a village (

i) if the population in the municipality warrants such a change, or (ii) if a majority of the proprietary electors of the municipality voting upon the question as to whether or not the status of the municipality should be changed are in favour of the change, or (iii) if there has been a failure to elect a council, or (iv) if the municipality has failed to carry out the requirements of this Act, or (

v) for any other reason considered adequate by the Lieutenant Governor in Council.

(2) Upon receipt of a request to form a municipal district, village or summer village, the Minister may cause a notice in the prescribed form to be posted up in three conspicuous places within the proposed municipality and to be published in two issues of a newspaper having a general circulation within the proposed municipality.

(3) Any person may, within 30 days from the date of the notice, file with the Minister objections to the forma tion of the proposed municipal district, village or summer village, but if during the period of 30 days, no objections are filed or if in the opinion of the Lieutenant Governor in Council any objections that are filed do not disclose suf ficient reason against the formation of the municipality, the Lieutenant Governor in Council by order may form the municipal district, village or summer village.

(4) When an order is made forming a municipal district, the Lieutenant Governor in Council may by that or any subsequent order divide the municipal district into elec toral divisions.

(5) Where an order is made forming a municipal district, village or summer village, the Minister, immediately upon the order being published, shall appoint a suitable person to act as returning officer at the first election of councillors, who is authorized to call and hold an election as set out in this Act. 9

(1) The order forming a municipality (

a) shall describe the boundaries of the municipality formed, (

b) shall give a name to the municipality in one of the following forms: (i) "The Municipal District of ............................... . No ..................... " ; Oi) "The Village of ............................ "; (iii) "The Summer Village of ............... . " . ..... . , (iv) "The Town of ........................ "; (v) "The City of ............................ "; whichever is applicable to the class of municipality formed, (

c) shall state the date upon which the order becomes effective, and (

d) in the case of the formation of a municipal district, village or summer village, shall fix the date for nomination and election of the first council thereof and the holding of the first meeting of the council.

(2) The order shall be published in the Gazette and pub lication of the order is conclusive proof of the legal forma tion of the municipality and of the fulfilment of all con ditions precedent thereto.

(3) Any misnomer, misdescription or omission or other error in any order forming a municipality may be corrected by subsequent order, and the correcting order may be made effective as of the date of the original order or upon such other date as the subsequent order may specify. 14. A municipality formed under this Act is a body cor porate and politic consisting of all persons who are electors of the municipality. 15. When the order fornling a municipality (hereinafter referred to as the "new municipality") is changing the status of an existing municipality (hereinafter referred to as the :'old municipality") from one class of municipality to another: 10 (

a) the mayor of the old municipality continues as the mayor of the new municipality until his office becomes vacant; (

b) each other member of the council of the old muni cipality continues as a member of the council of the new municipality until his office becomes vacant; (

c) each officer and employee of the old municipality continues as an officer or employee of the new muni cipality with the same. ~igh~s and du~ies ~ntil the council of the new munIcIpalIty otherWIse dIrects; (

d) all by-laws and resolutions of the old ~u.nici'pali!y continue as the by-laws of the new munIcIpalIty, In

so far as they are not inconsistent with this Act, until they are repealed or others are made in their stead by the council of the new municipality; (

e) all taxes due to the old municipality shall be deemed to be arrears of taxes due to the new municipality and may be collected and dealt with by the new municipality as if it had imposed the taxes; (

f) all rights of action and actions by or against the old municipality may be continued or maintained by or against the new municipality; (

g) all property vested in the old municipality becomes vested in the new municipality and may be dealt with by the new municipality in its own name sub j ect to any trusts or other conditions applicable thereto; (

h) all other assets, liabilities, rights, duties, functions and obligations of the old municipality become vested in the new municipality and may be dealt with by it in its own name. 16.

(1) The Lieutenant Governor In Council may by order dissolve a village, summer village or municipal district and may include in the order provision for all matters necessary for the winding up of the affairs of the village, summer village or municipal district, including powers for the disposal of assets, the settling of liabilities, the collection of taxes and the administration of the area, which may include the appointment of a permanent or provisional administrator or the transfer of the whole or part of the administration to another municipality or municipalities.

(2) An order made under this

section shall be published in the Gazette.

(3) Upon the date specified in the order, the members of the council of the village, summer village or municipal dis trict, and all officers and employees thereof, cease to have any further authority. 17. No misnomer, misdescription or omission in any order altering or dissolving a municipality suspends or im pairs in any way the operation of this Act with respect to the matter misnamed, misdescribed or omitted and it may be corrected at any time by the authority making the order and a correction so made is effective upon such date as i~ specified in the correcting order and may be made effective upon the date of the original order. 18.

(1) The Lieutenant Governor in Council may, sub ject to The Geographical Names Act, alter the name or number, if any, of a municipality upon the petition of a maj ority of the council.

(2) A notice of the alteration shall be published in the Gazette. 11

(3) The seal used by the municipality before the alter ation of its name or number continues to be the seal until changed by the council. '

(4) No change of name or number affects any obligation right, action or property, incurred, established, done o~ acquired prior to the change of name or number.

(5) No proceedings, agreements, notices or documents are invalid or defective because of any incorrect use of mistaken designation of the name of the municipality so long as the name used indicates with reasonable certainty the munici pality in question. 19.

(1) Where a petition is presented to the Local Authorities Board, (

a) by a majority of the owners of any territory adja cent to a municipality, or (

b) by the council of a municipality with respect to any territory adjacent to the municipality, requesting that the territory be annexed to the municipality, the Board by 'Order may annex the territory, or any part thereof, to and make it a part of the municipality.

(2) The Local Authorities Board may, without a petition and of its own motion, by order (

a) annex to any municipality, any territory adjacent thereto, and (

b) annex any portion of a municipality to an adjoining municipality.

(3) An order for annexation takes effect on such date and on such terms and conditions as the Local Authorities Board may provide.

(4) Every order made under this

section shall be pub lished in the Gazette and the publi,cation is conclusive proof of the fulfilment of all conditions precedent to the making of the order.

(5) Any misnomer, misdescription, omission or error in any order may be corrected by subsequent order and the correction so made is effective upon such date as is specified in the correcting order and may be made effective upon the date of the original order.

(6) In making any order under this

section the Local Authorities Board may deal with and make any order respecting any conflicting by-laws for the protection of any rights of any person in the annexed area. 20. No order made under

section 19 affects or abrogates any existing contract or any existing righ~ of or held ~y ~ny municipality or person for the productIon, transmIssI.on, delivery or furnishing of water, gas, heat, sewer serVIce, light, power, telephone or transportation to or for inhabi- 12

tants or businesses in the annexed or excluded territories, as the case may be, but the council of the area affected by the order is upon a renewal of the utility contract being pro posed, subject to the provisions of this Act respecting utility renewal or purchase. 21. Where all the lands within the boundaries of a muni cipality are annexed to or amalgamated with lands within the boundaries of another municipality, (

a) the council of the municipality so annexed or amal gamated ceases to have or exercise any jurisdiction, power, duty or function, and (

b) the term of office of the mayor and councillors of that municipality terminate, upon the effective date of the annexation or amalgamation. 22. (1) ¥lhen under this Act a municipality, hereinafter referred to as the "old municipality", is included in another municipality, hereinafter referred to as the "new munici pality", either at the time of the formation of the munici pality or subsequently thereto, the property, rights and li abilities of the old municipality, including all taxes then due, pass to the new mnnicipality and all remedies that were available for the collection of any such 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.

(2) All questions arising over the division or apportion ment of the property, rights and liabilities or otherwise of the old municipality, shall be decided finally and without appeal by the Local Authorities Board, unless other pro visions for the settlement or adjudication thereof have been made in this or any other Act or by order in council and the Local Authorities Board may make such orders and direc tions as are necessary to give effect to its decision.

(3) This

section is subject to the provisions of The Tax Recovery Act relating to the transfer of land from one municipality to another. ( 4) Nothing in this

section in any way prejudices the rights of the debenture holders.

PART 3 THE COUNCIL 23.

(1) Every municipality shall have a council, the members of which shall be elected in accordance with

Part 4.

(2) The council of a municipality is a continuing body notwithstanding any general or other election. 13

(1) Except as otherwise provided in this Act: (

a) the council of a municipal district shall consist of such number of councillors as the Lieutenant Gov ernor in Council, by order, specifies, one of whom shall be mayor; (

b) the council of a summer village shall consist of three councillors, one of whom shall be mayor; (

c) the council of a villa.ge (

i) shall consist of three councillors, or (ii) if the council of a village having a population of at least 750 persons so authorizes, by by-law, shall consist of five councillors, one of whom shall be mayor; (

d) the council of a town shall consist of a mayor and six councillors; (

e) the council of a city shall consist of a mayor and (

i) six councillors, or (ii) such greater number of councillors, not exceed ing 20, as the council, after the first election in the city, authorizes by by-law.

(2) Where the number of councillors has been increased in a village or city (

a) the number of councillors in a village may, by by-law, be decreased to three, and (

b) the number of councillors in a city may, by by-law, be decreased to a number being not less than six.

(3) Where the number of councillors for a city or village has been increased or reduced, (

a) if the by-law is finally passed more than 30 days prior to nomination day for the next ensuing gen eral election the by-law applies to the next ensuing general election, but (

b) if the by-law was finally passed 30 days or fewer days prior to nomination da.y for the next ensuing general election, the by-law does not apply to that general election.

(4) When a by-law increasing or decreasing the number of councillors becomes applicable, the councillors then in office continue to hold office until the first meeting of the council held after the general election to which the by-law is applicable. 25. N otwithsta.nding anything in this Act, (a,) a councillor of a city may also be referred to as an alderman, and (

b) the mayor of a municipal district may also be re ferred to as the reeve, and any such reference is for a.ll purposes valid. 14

2,6.

(1) In a city or town, the mayor shall be elected by the vote of the electors of the entire municipality.

(2) In a village or summer village, the mayor shall be elected by the councillors from among their own number.

(3) In a municipal district, (

a) the mayor shall be elected by the councillors from among their own number, or (

b) the council of any municipal district may, by a by-law, provide for the election of the mayor by the vote of the electors of the entire municipal district. 27. Where in a municipality no electoral divisions or wards are established, the councillors shall be elected by the vote of the electors of the entire municipality. Electoral Divisions 28.

(1) In a municipal district where electoral divisions are established, the councillors shall, subject to subsection (2), be elected to represent the divisions as provided in the order establishing the divisions.

(2) The council of a municipal district may by by-law provide for the nomination of candidates for councillor by electoral divisions and for the election of the councillors (

a) by the vote of the electors of the entire municipal district, or (

b) by the vote of the electors resident in the electoral division for which each candidate was nominated. Ward System 29.

(1) A council (

a) may, of its own motion, or (

b) shall, on receipt of a petition signed by such numher of electors as represent at least (i) 2 per cent of the population in a municipality having a population of 10,000 or more persons, or (ii) 4 per cent of the population in a municipality having a population of less than 10,000 persons but more than 1,000 persons, or (iii) 6 per cent of the population in any other muni- cipality, submit to a vote of the electors a proposal to have council lors elected by and to represent different areas of the muni cipality. (2) 'Vhere on the vote of the electors a majority of the electors voting vote in favour of the proposal, the council shall, by by-law, declare the ward system to be in effect.

(3) The by-law shall not be given effect to until the gen eral election next following the year in which the by-law was finally passed. 15

(1) The council shall by the by-law under

section 29 (

a) divide the municipality into not less than three nor more than eight areas, to be known as wards in such a manner that the -number of electors residing in each ward is sUbstantially equal, and (

b) specify the number of councillors, being not less than two, to be elected to represent each ward.

(2) The by-law shall state a name or number by which each ward is to be known.

(3) Subject to subsection (1) the council may by by-1aw [

a) alter the boundaries of any or all wards or increase the number of wards, and (

b) alter the number of councillors to be elected to represen t any or all wards. 31. No person is eligible to be elected councillor in a ward unless he has resided within the boundaries of the ward for 12 consecutive months immediately preceding the date of nomination and is otherwise eligible for. election. 32. Only a resident of a ward for which a candidate for councillor is being nominated may sign the nomination of the candida teo 33.

(1) Where a ward system has been established in a municipality, the electors of the municipality may petition the council· to submit to the electors a proposal to abolish wards and to revert to a system of nomination and election of counCillors by the vote of the electors of the entire muni cipality.

(2) Upon receipt of a petition which meets the require ments of clause (

b) of subsection (1) of

section 29, the council·shall fOrthwith submit the proposal to abolish wards to a vote of the electors. , _

(3) Where a maj ori ty of the electors voting on a pro posal of abolishing wards vote in favour of the abolition of the ward System, the council shall repeal the by-law estab lishing the ward system.

(4) Where the ward system is abolished, all councillors then holding office continue to hold office in accordance with this Act until their offices become vacant. Qualifications for Mayor and Councillors 34.

(1) A person is not qualified to become or remain a member of the council of a. municipality unless he (

a) is able to speak, read and write English, (

b) is of the full age of 21 years, (

c) is a Canadian citizen, 16

(

d) is resident in the area of the municipality and had been a resident therein for the 24 consecutive months immediately preceding nomination day, (

e) in a municipality in which there are electoral divi sions or wards, is resident in the area of the elec toral division or ward for which he is nominated and had been resident therein for the 12 consecutive months immediately preceding nomination day, and (

f) is eligible to vote as an elector at the election for which he is nominated.

(2) A person who has been convicted of an indictable offence is not qualified to become a member of a council until after two general elections have occurred following the date of his conviction. 35. A person is not qualified to become or remain a mem- ber of the council of a municipality at the same time as he (

a) is a judge of a court of civil jurisdiction, or (

b) is an undischarged bankrupt, or (

c) is a surety for an officer or employee of the muni cipality, or (

d) is the auditor of or an officer or employee of the municipality, or (

e) is indebted to the municipality for taxes or respect ing any other obligation exceeding $50, excluding therefrom (

i) any indebtedness for current taxes, and (ii) any indebtedness for arrears of taxes for which he has entered into a consolidation agreement with the municipality, if he is not in default in the payment of any sum payable under the agreement. 36.

(1) A person is not qualified to become or remain a member of the council of a municipality at the same time as he '!:;'11 I~.f. (

a) is a party to a SUbsisting contract with the munici pality under which money of the municipality is payable or may become payable for any work, ser vice, matter or thing, or (

b) has a pecuniary interest, whether direct or indirect, in any subsisting contract with the municipality under which money of the municipality is payable or may become payable for any work, service, matter or thing, or (

c) is a party to a contract for the purchase or lease of real or personal property from the municipality. (2) Subsection (1) does not apply to a person by reason only (

a) of his being a shareholder in a corporation having a contract or dealings with the council, 17

(

i) unless he holds or there is held by himself and spouse, parents, children, brothers and sisters, more than 25 per cent of the issued capital stock of the corporation, or (ii) unless the contract or dealings are for the build ing, construction or repair of a public work of the municipality. or (

b) of his contracting with the council for the supply ing to him of a service, utility or commodity that the council has statutory authority to supply, or (

c) of his being interested in a pUblication in which official advertisements of the council appear or that is supplied to the council thereof at the usual rates, or (

d) of his selling or leasing to the council, land or inter est in land that the council has authority to expro priate, or (

e) of the sale of goods, merchandise or services to the municipality or to persons contracting with the municipality and made at competitive prices by a dealer in those goods, merchandise or services inci dental to and in the ordinary course of his business, or (

f) of services that are rendered by a medical man to indigents who are residents of the municipality and for which the municipality is or may become liable to pay, or of services rendered by a medical man or veterinarian where the municipality has provided a subsidy to secure his services, or (

g) of his being employed as medical health officer of the municipality, or (

h) of his being appointed to a position under The Civil Defence and Disaster Act, or (

i) of professional services rendered by a barrister and solicitor to the municipality, if the charges for the services have been taxed under the Consolidated Rules of the Supreme Court of Alberta, or (

j) of the receipt by him of a gratuity or allowance for services on a committee or board appointed by or responsible to the council, or (

k) of his being a member of a co-operative association, or (

l) of his being the vendor or purchaser or assignor or assignee of land bought or sold under The Farm Purchase Credit Act, 1963. 37. A member of a council ceases to be qualified to remain a member of the council if he 18 (

a) is convicted under this Act of making a false state ment in his acceptance of nomination, or

(

b) is convicted of an indictable offence, or (

c) uses information gained through his official posi tion as a member of a council to make a personal profit either directly or indirectly, or (

d) absents himself, without being authorized by resolu tion of the council to do so, from the meetings of the council for two consecutive months. 38.

(1) A member of a council ceases to be qualified to remain a member of the council if he fails to comply with subsection (2) or (3).

(2) A member of a council shall not vote in the council (

a) on any question (

i) affecting a private company of which he is a shareholder, or (ii) affecting a public company in which he holds more than 1 per cent of the number of shares issued, or (iii) affecting a partnership or firm of which he is a member, or (iv) affecting a company of which he is a director, or (

b) on a contract for the sale of goods, merchandise or services to which he is a party, or (

c) on a question affecting his selling or leasing of land or interest in land to the municipality, or (

d) on any question in which he has a direct or indirect personal interest.

(3) When a member of a council is not entitled to vote by virtue of subsection (2), he shall so declare before dis cussion of the question and shall not participate in the debate and the abstention shall be recorded. 39. Where a member of a council is not qualified under sections 34 to 38 to be a member of the council (

a) the member shall forthwith resign his seat on the council,and (

b) if he does not so resign, the council shall, by resolu tion declare him to be disqualified, and thereupon his seat on the council becomes vacant. 40.

(1) Upon the ex parte application of an elector who (

a) files an affidavit showing that a member of a council never was or has ceased to be qualified as a member of the council, and (

b) pays into court the sum of $50 as security for costs to abide the event of the application, 19

a judge of the Supreme Court may direct that there be served upon that member notice of an application for an order declaring him to be disqualified to be a member of the council.-

(2) Upon hearing the application and such evidence either 'Oral or by affidavit, as he requires the judge ' (

a) may, by order, declare the member to be disquali fied, 'Or (

b) may refuse the order, and, in either case, with or without costs.

(3) Where a judge declares a member 'Of a council dis qualified his seat on the council thereupon becomes vacant.

(4) Where a judge declares a member of a council dis qualified for a breach of clause (

c) of

section 37, he may order the· disqualified member to pay the total amount of any profit S'O made to the municipality. 41.

(1) Where a person is declared disqualified pursuant to

section 39 or 40 and appeals therefrom he remains dis qualified until the final determination of the appeal.

(2) If, upon the final determination of the appeal, the disqualification is set aside, (

a) the Court shall reinstate the member 'Of the council for any unexpired portion of the term of office for which he was elected and require any person who had been elected to fill the balance of that term to vacate the 'Office, but (

b) if the term of office for which the member was elected has expired, he shall not be reinstated, but he is eligible to be elected at the next ensuing election in the municipality, if otherwise qualified. 42.

(1) A person having been a member of a c'Ouncil (

a) who resigned his seat on the council, or (

b) who was declared by the council 'Or a judge to be disqualified because of any matter or thing mentioned in sections 35 to 38 disqualifying him as a member of the council is not eligible to become or remain a member of the same council until after two general elections have occurred following the da te on which he resigned or was declared disqualified.

(2) A person hav.ing b~e.n a member of a council at ~ time when he was dIsqualIfIed as a member of the councIl because of any matter or thing mentioned in sections 35 to 38, but 20 (

a) who did not resign his seat on the council, or (

b) who was not declared disqualified by the council or judge

because of that matter or thing is not eligible to become or remain a member of the same council until after two general elections have occurred following the date on which he ceased to be disqualified because of that matter or thing. Term of Office 43.

(1) At a general election in a municipality the mayor and councillors shall be elected for a three year term to hold office (

a) commencing at the first meeting of the council fol lowing that general election, and (

b) unless their office is sooner vacated, continuing to the first meeting of the council following the next ensuing general election.

(2) A person elected to a council to fill a vacancy caused otherwise than by the effluxion of time holds office for the balance of the period his predecessor would have held office, had the predeeessor continued in office.

(3) The terms of office of persons elected to the council at the first eleetion in a newly formed municipal district, village or summer village expire at the first meeting of the council following the first general election in the municipal district, village or summer village. Meetings of Council 44. The first meeting of a newly elected council shall be held (

a) one week following the day of the first election or the general election, as the case may be, or (

b) if all the members of the council were elected by acclamation, one week following nomination day. 45. The first meeting of the council shall be held at a time and plaee whieh shall be fixed by the municipal secretary, and the secretary shall forthwith after the result of an elec tion has been officially declared, give written notice of the meeting to each person elected a member of the council. 46. Every member of a council shall make and subscribe the official oath prescribed by The Oaths of Office Act before entering upon the duties and shall deposit the oath with the returning officer who shall deliver it to the muni cipal secretary. 47.

(1) A council shall hold as many meetings in each year as are considered necessary to adequately deal with the business of the municipality.

(2) A council at any meeting at which all the members of the council are present, may decide to hold regular meet- 21

ings of the council and the resol~tion shall state the day, hour and place of every such meeting and no notice of any such meeting is necessary. 48.

(1) In the case of a city or town, the mayor may call special meetings of the council whenever he considers it expedient to do so, and he shall do so when requested in writing by a majority of council.

(2) In the case of a village or summer village, a special meeting shall be called by the secretary when required to do so by the mayor or a majority of the members of the council.

(3) In the case of a county or municipal district, a special meeting shall be called by the secretary when required to do so by the reeve or a maj ori ty of the members of the council.

(4) Written notice of a special meeting stating the time and place at which it is to be held and stating in general terms the nature of the business to be transacted thereat shall be given to each councillor ' (

a) in the case of a city, town or village by delivering the notice to the council member at his residence or place of business not less than 24 hours prior to the meeting, and (

b) in the case of any other municipality by mailing the notice to the council member's address at least six clear days before the day of the meeting or by per sonally delivering the notice to him or in his abs·ence from his residence, to any adult person thereat, at least three clear days before the date of the meeting.

(5) The council may by unanimous consent waive notice of a special meeting and hold a special meeting at any time if every member of the council is present and has signed a waiver of notice of the special meeting. ( 6) No business other than that stated in the notice shall be transacted at any special meeting of council, unless all the members of the council are present, in which case, by unani mous consent any other business may be transacted. 49.

(1) The council shall hold its meetings openly and no person shall be excluded therefrom except for improper conduct.

(2) The person presiding at any meeting may cause to be expelled and excluded any pe.rson who has been guilty of improper conduct at the meeting.

(3) Notwithstanding subsection (1), where a majority of the members present are of the opinion that it is in the public interest to hold a comm.ittee. mee~ing of the w~ole or part of the council on any subJect In prIvate, a councIl may, by resolution, exclude any person or pe~sons fro~ the meet ing, but it has no power at such a commIttee meeting to pass 22

any by-law or resolution apart from the resolution necessary to revert back to an open meeting. 50.

(1) The mayor or other member presiding at any meeting of the council may vote with the other members on all by-laws and resolutions except where he is disqualified to vote by reason of a direct or indirect pecuniary interest.

(2) The mayor, when present, and every councillor present shall vote on every matter upon which a recorded vote is demanded by a member of the council, (

a) unless the mayor or councillor is excused by resolu tion of the council from voting, or (

b) unless disqualified from voting by reason of interest or otherwise, and the secreta.ry shall upon request of any member of the council record in the minutes the name of each member of the council present and whether the member voted for or against the matter.

(3) Any by-law or resolution upon which there is an equality of votes shall be deemed to be decided in the negative. Remuneration 51.

(1) A council, by by-law, may provide for the pay ment to the members of the council of an allowance, at such rates as the by-law provides, for attending the meetings of the council and the committees thereof or for assuming or performing any additional duties.

(2) A council may, by resolution, provide for the payment of reasonable allowances for travelling and for subsistence and out of pocket expenses incurred in attending meetings affecting the municipality, which shall be paid to members in the manner and at the rates provided by the resolution. Duties Of Mayor 52.

(1) The mayor shall (

a) preside a.t all meetings of the council whenever he is present, (

b) cause the laws governing the municipality to be executed, (

c) supervise and inspect the conduct of all officials of the municipality in the performance of their duties, (

d) cause all negligence and carelessness and violation of duty to be prosecuted and punished, as far as it is within his power to do so, and (

e) communicate from time to time to the council all such information and recommend such measures tha t he considers will better the finances, health, security, cleanliness, comfort, ornamentation and prosperity of the municipality. 23

(2) The mayor is ex 0 Ilicio a member of all boards associations, commissions, committees or other organiza~ tions to which the council has the right to appoint members pursuant to this Act and the mayor when in attendance' possesses all the rights, privileges, powers and duties of other members, whether elected or appointed. ~;iJi,;f;.:iJ;._L: Vacancies 5,3.

(1) The mayor or any councillor may resign his seat in the council at any time by giving written notice to the municipal secretary who shall place the resignation before the next meeting of the council.

(2) A resignation takes effect and the seat becomes vacant upon the date the resignation is received by the municipal secretary. 54.

(1) When the office of mayor becomes vacant by death, resignation, forfeiture or otherwise, the council shall forthwith, by vote of the members, appoint one of the coun cillors to fill the -position until the next general election, but no vacancy shall be deemed to occur among the coun cillors by reason of the appointment unless the number of councillors remaining is reduoed to the point where a by election is required, in which event the appointment of a councillor to the position of mayor is temporary until a by-election is held at which the vacancy in the office of mayor and any other vacancy on the council are filled.

(2) When a councillor is elected by the council to fill the office of mayor pursuant to subsection (3), and (

a) upon a mayor being elected by the electors, or (

b) upon the former mayor being reinstated in the office of mayor, the councillor so appointed reassumes his office as councillor if the term of his office has not then expired. 55.

(1) When in a municipality having a council of six or more members a seat or seats in the council become vacant by death, resignation, forfeiture or otherwise, the council may make provision to fill the vacancy or vacancies by the holding of a by-election for that purpose. 24

(2) Notwithstanding subsection (1), (

a) during the two years immediately following a gen eral election a by-election may not be held if there is only one vacancy on the council, and (

b) during the third year following a general election a by-election may not b~ held unless the nu~ber of vacancies on the councIl reduces the councIl to a number less than one more than the quorum of the council.

56. In a municipality having a council of five members or less, the council shall provide for the filling of all vacancies which occur prior to the last six months of the term.

PART 4 ELECTIONS AND VOTING 57. In this Part, (a) "by-law" includes a resolution upon which the opinion of the electors is to be obtained; (b) "elector" means a person entitled to vote at the municipal elections, except in the case of a money by-law or other by-law upon which only the pro prietary electors can vote, in which case it means a proprietary elector. 58. Where in this Part there is reference to a municipal secretary in connection with any election and the council has appointed sonle other person to perform any of those duties, the reference shall be deemed to be a reference to that other person. DIVISION A Applicability of

Part Council Elections 59.

(1) The election of mayors and councillors shall be held in accordance with this Part.

(2) The provisions of this Part respecting a general elec tion apply to every by-election, except where otherwise provided, and if the provisions cannot conveniently be applied to a by-election the Minister may make orders gov erning the time, conduct and procedure relating to the by election.

(3) Where there are electoral divisions or wards in a municipality, the provisions of this Part respecting the election of councillors apply to every election respecting an electoral division or ward, unless specifically varied herein.

(4) The Minister, in the event of the by-law establishing wards or electoral divisions does not provide for any matter may by order give direction as to any other matter or thing requisite to the proper conduct of an election therein. 60.

(1) In a newly formed municipal district or village (

a) nominations for members of the council, and (

b) the first election of the members of the council, if an election is required, shall be held on the dates fixed by the order in council form ing the municipality and the persons elected hold office until the first meeting of the council following the next ensuing general election in the municipality. 25

(2) The Minister may give directions as to any matter or thing requisite in connection with the first election of the council and except as otherwise provided by or under this section, this Part applies, mutatis mutandis, with re spect to that first election.

(3) After the first election in a newly formed municipal district or village a general election shall be held in the municipality on the same date and in the same years as, by this Act, a general election is required to be held in all municipalities. 61.

(1) Commencing in 1968 a general election shall be held in each municipality once every three years.

(2) The terms of office of all persons who are members of the council of any municipality on the first day of Octo ber, 1968 expire at the time of the first meeting of the council following the 1968 general election, notwithstanding that they may have been elected for a longer term. 62. Polling day for a general election in a municipality shall be held three weeks following nomination day for that election. 63.

(1) In all elections and voting required under this Act, unless the council otherwise specificallY provides by resolution, the municipal secretary (

a) is the returning officer, (

b) shall appoint such deputies, poll clerks, constables and other officials as may be required, and (

c) shall provide all necessary means and do all acts that may be required for the purpose of holding the election or taking the votes.

(2) The council may by resolution appoint a returning officer for the purpose of carrying out matters relative to municipal elections or votes and may delegate to him all or any of the powers and duties necessary for this purpose.

(3) No candidate for the office of .mayor, reeve, c01:ln cillor or school trustee, shall be appOInted as an election officer. 64. The council of any municipality may, by by-law divide the municipality into polling divisions and may from time to time alter the boundaries of any or all polling di visions by subsequent by-law. Voting on By-laws and Questions 65. Where this or any other Act provides for a ~y-law or question being submitted to the electors or proprlet~ry electors for their assent or approval, the by-law or questIOn shall be submitted to a vote in accordance with this Part. 26

66. If the council considers it advisable a vote on a by-law or question may be held on the day appointed for the election of councillors pursuant to this Act, and in that event it is not necessary to appoint a separate returning officer or separate deputy returning officer to take the vote. 67.

(1) When a by-law or question is to be submitted to a vote of the electors at a time different from a general election, the council by resolution, hereinafter called a pro cedural resolution, shall (

a) appoint the time for holding a vote on the by-law or question, (

b) appoint a returning officer, (

c) provide for polls at which the voting will take place, or in the case of an electoral division or a portion or portions of a municipality voting only on the by-law or question, provide for a poll within such electoral division, or portion or portions of a muni cipality, (

d) assign a number for each poll, (

e) appoint a deputy returning officer for each poll, and (

f) appoint the time and place when and where the returning officer is to sum up the votes given for and against the by-law or question.

(2) When two or more by-laws or questions are to be submitted on the same date, it is sufficient to pass one pro cedural resolution applying to all the by-laws or questions to be submitted.

(3) The resolution appointing a date for the holding of voting on a by-law or question shall be passed not less than 30 clear days before the date so appointed.

(4) The procedural resolution shall fix the date and time when the mayor will be in his office for the appointment of agents to attend at the various polling places and at the final summing up of votes by the returning officer on behalf of the person interested in promoting or opposing the pass ing of the by-law, or voting in the affirmative or negative on the question. 68.

(1) The council may by the procedural resolution also appoint a poll clerk or other officials for each poll, or may designate that the returning officer make the appointments.

(2) If for any reason the person who has been appointed returning officer, becomes incapable of carrying out his duties, the mayor may by writing under his hand, appoint another person in the place of the person becoming incap able.

(3) If a person who has been appointed deputy returning officer or poll clerk for any reason becomes incapable of carrying out the duties, the returning officer may appoint another person in the place of the person becoming incap able. 27

(1) At any time fixed by the procedural resolution or, if the vote is to be held in conjunction with a general election, at the time fixed by the council, the mayor shall attend at his office, and if requested, shall appoint in writing signed by him, two agents to attend at the final summing up of the votes, one agent to attend at each polling place on behalf of the persons interested in the promoting of the passing of the by-law or voting in the affirmative on the question and a like number on behalf of the persons interested in opposing the passage of the by-law or voting in the negative on the question.

(2) Before any agent is so appointed, he shall make and subscribe before the mayor or the returning officer, a declaration in the prescribed form. 70.

(1) The returning officer, before the date set for the voting on a by-law or question shall cause to be issued a notice of the voting on the by-law or question in the pre scribed form.

(2) The returning officer shall publicize the notice of the voting by causing it to be posted up at least 14 clear days before voting day in at least one conspicuous place in each polling division, if any, in which a vote on the by-law or question is to be held or, in the case of electoral divisions, in at least four widely separated conspicuous places in each electoral division, and causing it to be (

a) mailed at least 16 clear days before voting day to each resident proprietary elector entitled to vote on the by-law or question, or (

b) published in an issue of a newspaper circulating within the municipality once a week for two suc cessive weeks, the last of which shall be published not less than seven clear days prior to voting day. 71.

(1) The notice of the voting shall (

a) give a correct statement of the question to be sub mitted, or in the case of a by-law, a concise state ment of its object, (

b) the date, time and place for the appointment of agents to attend the polling places and of the final summing up of votes by the returning officer, (

c) the date and hours for taking the vote, and (

d) the number and description of the polling divisions and the location of each polling place.

(2) In the case of a money by-law, a statement shall also show 28 (

a) the amount of the debt or liability to be created or the money to be raised, (

b) how the same is to be payable, and

(

c) the amount to be raised annually for payment of the debt and interest or the instalments if the debt is to be paid in instalments.

(3) Incase of a by-law granting a special franchise, the proposed by-law shall be published in full.

(4) Where more than one by-law or question is to be submitted at the same time, summaries of all or any number of them may be included in one notice. 72.

(1) To each notice so published shall be appended an additional notice over the printed signature of the returning officer, stating (

a) that the above is a correct statement of the ques tion submitted, or a correct

summary of the pro posed by-law that has been introduced, (

b) that, in the case of a by-law, it will be finally passed by the council in the event of the assent of the electors being obtained thereto, within three months of the voting thereon, and (

c) the hours during which voting will take place on the date and at the place or places fixed for taking the votes of the electors.

(2) When the notice of the voting summarizes more than one by-law or question, the additional notice required under this

section may refer in general terms to all the by-laws and questions so summarized. ---"--==-"'"<~ 73.

(1) In any vote on a money by-law, unless 10 per cent of the proprietary electors entitled to vote thereon do in fact vote, the vote is of no effect, notwithstanding any thing in this section.

(2) In the case of a by-law or question submitted to the electors, other than a money by-law, if more than 50 per cent of the electors voting vote in favour of the by-law or affirmatively on the question, the by-law or question shall be deemed to be assented to by the electors.

(3) In the case of a money by-law, (

a) if two- thirds of the proprietary electors voting thereon, when the total number of proprietary electors voting on the by-law is not more than 50 per cent of the total number of proprietary electors entitled to vote thereon, vote in favour of the by-law, or ' (

b) if the majority of the proprietary electors voting thereon when the total number of proprietary elect ors voting on the by-law is more than 50 per cent of the total number of proprietary electors entitled to vote thereon, vote in favour of the by-law, the money by-law shall be deemed to be assented to by the proprietary electors. 29

(1) Any by-law assented to by the electors shall be finally passed by the council within three months of the voting thereon without any alteration being made therein affecting the substance thereof. '

(2) Notwithstanding subsection (1), the Local Author ities Board, on application by the council made on or before or after the expiration of the period of three months may extend the time for passing a by-law that requires the appr?val of the Board beyond the period of three months, and In that case the by-law shall be passed within the ex tended time.

(3) The by-law in either case shall not be passed until the expiration of two weeks after the result of voting has been declared, or if within that period an order for a recount has been made until the result of the recount has been certified by the judge.

(4) The time that intervenes between the making of an application for recount and the final dispositon of it shall not be reckoned as part of the two weeks. School Trustee Elections 75. Subject to The School Act, the election of the school trustees and the separate school trustees in city and town school districts only shall be held in accordance with this Part. 76.

(1) All the provisions of this Act respecting the election and qualification of councillors and the qualifica tion of electors apply, the necessary changes being made, to the election of school trustees, except that where a school district extends beyond the limits of a municipality a person residing in the extended portion and qualified as an elector in the school district is eligible to be nominated and to vote at an election of school trustees, notwithstanding that he is not qualified to vote for councillors, if the person subscribes to the declaration in the prescribed form.

(2) Notwithstanding subsection (1), a paid official or employee of the municipality is eligible to be elected and entitled to sit and vote as a school trustee. 77.

(1) In any municipality where the election of public and separate school trustees is held concurrently with the municipal election, the board of public and separate school trustees in the municipality shall give notice to the muni cipal secretary on or before the first day of September in each year, of the number of vacancies required to be filled to make the school boards complete.

(2) When the notice has been given to the municipal secretary, nomination and election of school trustees shall be held at the same time and place and by the same officers and shall be conducted in the same manner as the nomina tion and election of mayor and councillors. 30

78. At each election the returning officer shall prepare a separate set of ballot papers which shall contain the names of the candidates nominated for school trustees and the ballot papers shall be prepared in the same form as those used for the election of councillors, except that the words (a) "Public School Trustees", or (b) "Separate School Trustees", as the case requires, shall be substituted for the word "Councillor" thereon. 79. At a poll, a deputy returning officer shall only deliver (

a) a ballot paper for public school trustees to a person who is a public school supporter, and (

b) a ballot paper for separate school trustees to a per son who is a separate school supporter. DIVISION B Qualification of Electors 80.

(1) A person is qualified to vote as an elector for mayor and councillors at an election of a municipality if he is of the full age of 19 years (

a) whose name appears upon the last revised assess ment roll prior to nomination day in respect of land or business liable to taxation, or (

b) whose name does not appear on the last revised assessment roll, but who is a Canadian citizen hav ing continuously resided in the municipality lor 12 months immediately preceding polling day. (2) Subsection (1) does not apply to a person who resides within a military area or camp which is under the jurisdic tion of the Department of National Defence (Canada) and partly or wholly within the area of an electoral division ih a municipal district. 81.

(1) A person is qualified to vote as a proprietary elector on any matter upon which the opinion of the pro prietary electors is to be obtained if he is of the full age of 19 years and is (

a) a person who is the registered owner of land liable to taxation for general municipal purposes, and to which there is no purchaser, whose name appears upon the last revised assessment roll, (

b) a purchaser who is entitled to the possession of land and liable to taxation for general municipal pur poses, whose name appears upon the last revised assessment roll, or (

c) a person who is the owner of a majority interest in a private corporation registered and in good stand ing, which appears upon the last revised assessment roll of the municipality as owner, conditional owner 31

or purchaser of land that is not exempt from tax ation, or is liable for business tax, or (

d) a person who is a conditional owner of land whose name appears on the last revised assessment roll and who is entitled to possession thereof, or (

e) a person who is liable to a business tax with respect to a business, whose name appears on the last revised assessment roll, or (/) any public corporation or any church or anyoth'e'r religious organization whose name appears upon tho last revised assessment roll as the owner, conditional owner or purchaser of land that is not exempt from taxation, which vote may be given to a resident who is authorized to vote by the corporation, church or other religious organization.

(2) A person voting under clause (

c) or (

f) of subsection (1) shall be of the full age of 19 years and before voting shall produce a certificate executed by the corporation, church or other organization authorizing him to vote and he may be required to take an oath or affirmation in the prescribed form before his vote is accepted.

(3) Notwithstanding anything in this Act, except

section 9, when the names of two or more non-resident persons appear on the assessment roll in respect of one parcel, only one of those persons is a proprietary elector in respect of that parcel and entitled to vote as such and in case of a dispute the person whose name appears first on the assess ment roll is the one entitled to cast the vote. 82.

(1) Where wards or electoral divisions have been established in a municipality, every elector resident in a ward or division and qualified in respect of land therein, may vote on Iv in the ward or division in which he is resident and qualified.

(2) Where wards or electoral divisions have been estab lished in a municipality, every elector not coming withjn the terms of subsection (1), whether resident in the munici pality or not, may vote only in the ward or division in which the land in respect of which he is qualified as an elector is situated.

(3) When an elector is aualified in respect of land in mflre than one ward or electoral division, he may vote only in th9 ward or electoral division in which his assessment is higher than in any other ward or division.

(4) In the case of equality of assessment an elector may vote only in that ward or division that bears the lowest designated number.

(5) A person who is aualified to vote otherwise than in respect of land may vote in the ward or electoral division in which he resides. 32

83. For the purposes of

Part 3 and this Part, the place of residence is governed by the following rules, as far as applicable: (

a) the residence of a person is the true, fixed, perman ent home or lodging place to which, when he is absent, he has the intention of returning; (

b) a person does not lose his residence by leaving his home for a temporary purpose; (

c) if a person leaves the municipality with the inten tion of making his residence elsewhere, he loses his residence within the municipality; (

d) the place where a person's family resides shall be deemed to be his· place of residence unless he takes up or continues his abode in some other place with the intention of remaining there, or elects such other abode as his residence, in which case he shall be deemed to be a resident of this other place; (

e) the residence of a single person is the place where he occupies a room as a regular lodger, or to which he habitually returns not having any other permanent lodging place; (

I) no person shall be deemed to have residence in more than one municipality; and in the event of a person maintaining residences in more than one municipality, he shall be required to elect one resi dence for the purpose of this Act. DIVISION C Preparation of Voters List 84. In this Division "voters list" means list of the pro prietary electors prepared pursuant to this Division. 85. Where a vote on a money by-law is to take place the municipal secretary shall prepare the voters list of the pro prietary electors from the latest revised assessment roll and may with respect thereto, up to and including the day fixed for voting, and upon satisfactory proof, (

a) strike from the list the name of a person who has ceased to have the necessary qualifications, and (

b) add to the list, the name of a person who has acquired the necessary qualifications. 86.

(1) When a voters list has heen prepared, the muni cipal secretary shall write immediately after the last name on the list of each polling division or electoral division the words "certified correct" followed by his signature and the date upon which the certificate was made.

(2) The municipal secretary shall retain a voters list in his possessjon, until after the preparation of the next fol lowing voters list. 33

(1) When a voters list has been prepared the muni cipal secretary shall post up one copy of the' list in his office and one copy in each of two other conspicuous places in the municipality.

(2) The municipal secretary shall also post up a copy of that part of the voters list that contains the names of the persons entitled to vote in a polling division or electoral division (

a) in a conspicuous place in each polling division or electoral division, or (

b) when a suitable conspicuous place is not available in a polling division, then in a conspicuous place close to the polling division.

(3) The municipal secretary shall also publish in a news paper or newspapers having circulation in the municipality, a notice that the voters list has been prepared and posted for inspection, stating the places where they are posted. 88.

(1) Any proprietary elector (

a) who is otherwise qualified, but whose name does not appear on the voters list, or (

b) in regard to the entry of whose name there has been an inaccuracy, or (

c) whose name has been omitted from the assessment roll, may by himself or his agent and not later than the eighth day before polling day apply to have the voters list amended upon giving the municipal secretary satisfactory proof of entitlement to vote.

(2) Any person making a false statement in an applica tion under this

section is guilty of a.n offence and liabl~ on

summary conviction to a fine of not more than $500 and to imprisonment for a term not exceeding 30 days, or both fine and imprisonment.

(3) The municipal secretary, in order to verify the qualifications of any applicant, may require him to furnish satisfactory proof thereof and may take the affidavit or statutory declaration of the applicant, or of such other person as he considers proper. 89.

(1) If the municipal secretary is satisfied the ap~li cant is qualified to have his name added to the voters lIst, he shall add the name to the list in the proper polling division or electoral division and shall notify the applicant of the addition.

(2) If the municipal secretary is satisfied that the appli cant is not qualified to have his name added to the voters list, he shall reject the application and sha.ll notify the ap plicant of the rejection and the reason therefor. 34

(3) When a person has disposed of the property in respect of which he was qualified as a voter, or when a person named on the voters list is wrongfully included on the voters list, the person is liable to have his name struck off the voters list as being disqualified, and the name of the proper person, if any, substituted therefor. 90.

(1) The voters list, as revised by the municipal sec retary, is usable in connection with the 'approval of a by-law or the determination of a question.

(2) The revised list prepared by the municipal secretary shall be certified by him to be correct copies of the voters list, and shall be posted within his office at least six days before the date fixed for any voting.

(3) When a revised voters list has been certified it is final and conclusive as to the right to vote as a proprietary elector. DIVISION D Nominations 91.

(1) Nomination day for a general election in a mun icipality shall be the fourth Wednesday in October in every third year, commencing in 1968.

(2) Where a by-election is required to fill a vacancy on a council, nomination day shall be such day as the council, by resolution, fixes. 92. The returning officer shall receive nominations at the office of the municipality between the hours of 10 o'clock in the morning and 12 o'clock noon on nomination day. 93. The returning officer shall, at least six clear days prior to nomination day, give notice of the nomination meeting, (

a) in a city by publishing a notice in the prescribed form, in a newspaper circulating within the city, and (

b) in a town and village by posting of notices in the prescribed form in at least three conspicuous places in the town or village, (

c) in a municipal district, by causing a notice in the prescribed form (

i) to be posted up in at least four widely separated and conspicuous places in each electoral di vision in which an election is required, (ii) to be published in an issue of a newspaper which is sent by the municipal district to each proprietary elector, and (iii) to be published in a newspaper circulating with in the municipal district. 35

(1) Every nomination ofa candidate for an elective office shall (

a) be in writing signed by at least five electors and shall be in the prescribed form, (

b) be accompanied by a written acceptance signed by the person nominated, stating (

i) that he resides in and has continuously resided in the municipality for the 24 months im mediately prior to nomination day and that he is qualified to be elected to the office, and (ii) that he will accept the office if elected, and (

c) if a by-law so requires, shall be accompanied by a cash deposit in the amount fixed by the by-law.

(2) A council may, by by-law, require every nomination to be accompanied by a cash deposit, not exceeding $100, and prescribe the conditions under which the deposit may be refunded.

(3) Where a ward system is in effect, only a resident of the ward for which a candidate for councillor is being nom inated may sign the nomination of the candidate. 95.

(1) A person is not eligible to be nominated or elected as mayor or councillor if, on nomination day, he is not qualified under

Part 3 to be a member of the council.

(2) A person is not eligible to be nominated for or elected to more than one office on a council.

(3) A member of a council is not eligible to be nominated for or elected to the same or any other office on the council (

a) unless his term of office is expiring, or (

b) unless he has resigned his office with effect, on or before nomination day where his term of office is not expiring. 00.

(1) When the number of persons nominated for any office is less than the number required to be elected, the nomination meeting 36 (

a) shall stand adjourned to the next day at the same place, at the hour of 10 o'clock in the morning and the adj ourned meeting shall remain open until 12 o'clock noon for the purpose of receiving further nominations for the office in respect of which the required number of nominations has not been re- ceived, and (

b) shall continue to be adjourned in like manner from day to day until the required nu~ber of candidates has been nominated or the perIOd of seven days has elapsed.

(2) Where sufficient nominations are not re,ceived to fill all vacancies, the municipal secretary shall immediately notify the Minister who may recommend a reduction in the status of the municipality or its dissolution or such other action as he considers necessary in the circumstances. 97.

(1) Where more than the required number of can didates for any particular office are nominated, any person so nominated may at any time with 24 hours from the close of the nomination period, withdraw his name as a candidate for the office for which he was so nominated, by filing with the returning officer, a withdrawal in writing.

(2) If after one or more candidates have withdrawn, it appears that the number of remaining candidates does not exceed the number of vacancies to be filled, the return ing officer shall refuse to a,ccept further withdrawals and shall forthwith proceed under

section 95. 98. (1) 'Vhen the number of persons nominated for any office is equal to and does :not exceed the number required to be elected, the returning officer shall declare the persons so nominated to be elected for the office for which they were nomina ted.

(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.

(3) The municipal secretary upon being notified of the election of any persons shall forthwith advertise the fact (

a) in a city, by inserting a notice in a newspaper cir culating in the city, and (

b) in all other municipalities, by posting notices in at least three conspicuous places or by inserting a notice in a newspaper circulating in the munici pality. 99.

(1) If more than the required number of persons are nomina ted for any office, the returning officer shall declare that an election shall be held for filling that office.

(2) When an election is required, the returning officer shall after the expiration of the 24 hours referred to in

section 90, give notice of the election (

a) in a city or town by posting in the city hall or municipal office and by publishing in one or more newspapers circulating in the city or town, at least once in each of the two weeks immediately preceding polling day, a notice in the prescribed form, (

b) in a village by posting in at least three conspicuous places in the village, a notice in the prescribed form at least 14 clear days before polling day, and 37

(

c) in a municipal district, (

i) by posting in at least four widely separated conspicuous places, in each electoral division where an election is to be held, a notice in the prescribed form, at least 14 clear days before polling day, and (ii) by publishing a notice in the prescribed form in one issue of a newspaper circulating in the municipal district not sooner than 30 clear days and not later than 14 clear days before polling day. DIVISION E Establishment and Operation of Polling Places Location 100.

(1) The council from time to time may designate the locations at which polling places shall be opened when a vote is required.

(2) In the absence of the designation of polling places by the council, the returning officer shall designate the various polling places in each polling division, if any.

(3) When a polling place designated by the council is not available, the returning officer shall designate an alterna tive place in the vicinity and shall, by notice posted at the original polling place, direct the electors to the alternative polling place.

(4) Except in the case of the advance poll, or hospital poll, every polling place for a ward or electoral division shall be situated within the boundaries of the ward or electoral division. Compartments 101.

(1) The returning officer shall ensure that each polling place is furnished with one or more compartments, so arranged that an elector is screened from observation and may mark his ballot paper without interference or in terruption.

(2) In each compartment there shall be provided for the use of the electors in the marking of ballot papers, a table, desk or shelf with hard surface and a suitable black lead pencil which shall be kept sharpened during the hours of voting. Ballot Boxes 102.

(1) The municipal secretary shall provide as many ballot boxes as appear to be required for each polling division. (2) 'The ballot boxes shall be made of some durable ma terial be provided with a lock and key and constructed so that the ballot papers can be deposited therein and cannot be withdrawn therefrom unless the box is unlocked. 38

103. When it becomes necessary for the purpose of an election to use the ballot boxes, the municipal secretary shall provide them for the returning officer who shall deliver the required number of ballot boxes to each deputy return ing officer appointed for the purpose of the election, not later than one hour before the opening of the poll. 104.

(1) The deputy returning officer or other person presiding at a poll, shall immediately after the opening of the poll, show the ballot box to such persons as are pres ent in the polling place so that they may see that it is empty.

(2) The deputy returning officer or other person presid ing at the poll shall then lock the box and place a seal upon it in such a manner as to prevent its being opened without breaking the seal, and shall thereupon place it in his view for the receipt of ballot papers and shall keep it in full view of all present, and locked and sealed during the hours of polling. Ballots 105. Forthwith after the date of an election or the taking of a vote on a by-law or question has been fixed, the return ing officer shall cause to be printed at the expense of the municipality, the number of ballot papers sufficient for the purpose of the election or vote, as the case may be. 106.

(1) The names of the candidates for: (

a) the office of mayor shall be placed on a separate ballot paper which shall be in the prescribed form; (

b) the offices of councillors shall be placed on a sep arate ballot paper which shall be in the prescribed form.

(2) Every ballot paper used in an election for councillor shall contain a brief explanatory note stating the maximum number of candidates who can be voted for to make the ballot valid.

(3) Every ballot paper used in an election for mayor shall contain a brief explanatory note stating that the ballot paper shall not be marked for more than one candidate. 107.

(1) Every ballot paper shall contain (

a) the name of each nominated candidate, arranged alphabetically in order of surnames and if there are two or more candidates with the same surname, in order of their given names, and (

b) the occupation of each candidate, or if he has no occupation, his status.

(2) Notwithstanding subsection (1), a council by by-law, passed before the first day of September in any year, may provide that the following provisions shall govern the form of ballot papers: 39

(

a) ballot papers shall be printed in as many lots as there are candidates for the office; (

b) in the first lot the names of the candidates shall appear in alphabetical order; (

c) in the second lot the names shall appear in the same order, except that the first name in the first lot shall be placed last; (

d) in each succeeding lot, the order will be the same as that of the preceding lot, except that the first name in the preceding lot shall be placed last; (

e) tablets of ballot papers to be used at several polling places shall be made up by combining ballot papers from the different lots in regular rotation so that no two electors will receive ballot papers from the same lot so that each ca.ndidate's name will appear first and in each other position SUbstantially the same number of times on the ballot papers used.

(3) A by-law passed under subsection (2) remains in force from year to year, until repealed. 108.

(1) The ballot paper for a vote on a by-la.w or question shall be in the form determined by the council.

(2) Where a by-law is submitted to the electors for the repeal of an existing by-law, the council may by resolution determine the form of the ballot paper.

(3) The council, when more than one by-law is to be sub mitted to the electors, may prescribe by resolution the forms of ballot papers for the voting on all such by-laws. 109. Before the opening of the poll, the returning officer shall cause to be delivered to each deputy returning officer the ballot papers prepared for use in the polling division in which the deputy returning officer has been appointed to act, and such other materials as are necessary in order to enable the electors to mark their ballot papers. Other Election Material 110.

The municipal secretary shall deliver to the return ing officer and the returning officer shall deliver to every deputy returning officer, at least one hour before the time fixed for the op€ning of the poll, a correct copy 40 (

a) of the list of electors, certified by the municipal secretary to be a correct copy, as is required for each polling division, and (

b) when different lists are required for the voting on any by-law or question, of such additional lists as are necessary,

certified as being correct by the municipal secretary, to gether with a blank poll book, in the prescribed form, in which to record the names and qualifications of the electors who vote. 111.

(1) The returning officer before the opening of the poll, shall cause to be delivered to each deputy returning officer, such number of printed directions for the guidance of voters that he considers sufficient.

(2) The directions, in the case of an election, shall be printed in conspicuous characters in the prescribed form.

(3) Such directions in the case of a by-law or question, shall be printed in conspicuous characters in the prescribed form. 112. The deputy returning officer shall, before the open ing of the poll or immediately after he has received the printed directions from the returning officer, if he did not receive them before the opening of the poll, shall cause the said directions to be posted outside the polling place in which he is appointed to act and also in every polling com partment of the polling place and shall ensure that they remain posted until the close of the poll. 113.

(1) The returning officer prior to every election or the voting on any by-law or question shall furnish each deputy returning officer with at least two copies of sections 190 and 191.

(2) The deputy returning officer shall post the copies in a conspicuous place in the polling place and ensure that they are so kept posted during the polling hours. Officials 114.

(1) The returning officer on request of any elector who has been appointed deputy returning officer or poll clerk or constable to attend at any polling place other than the one where he is entitled to vote, shall give to him a certificate that he is entitled to vote at the polling place where he is to be stationed during the polling day.

(2) On the production of the certificate, the deputy re turning officer, poll clerk or constable may vote at the polling place where he is stationed during the polling day, instead of the polling place where he would otherwise have been entitled to vote, and the returning officer shall attach the certificate to the list of electors.

(3) No certificate entitles the elector to vote at a polling place unless he has been actually engaged as a deputy re turning officer, polling clerk or constable at that polling place during the whole of the day of polling. 41

(4) If a deputy returning officer votes at the polling place to which he has been appointed as such, the poll clerk appointed to act at the polling place, or in the absence of the poll clerk, any elector authorized to be present, may administer to the deputy returning officer any of the oaths required by law to be taken by voters. 11.5.

(1) The deputy returning officer, by writing under his hand, may appoint a poll clerk who in the absence of the deputy returning officer, or in the case of his illness or inability to fulfil the duties required of him by this Act, has the powers of the deputy returning officer who ap poin ted him.

(2) The deputy returning officer, with the approval of the returning officer may also appoint a constable to main tain order at the polling place, or he may summon to his assistance in the polling place, any peace officer or any other male person for the purpose of maintaining order, preserving the public peace or preventing any breach thereof or of removing any person, who in the opinion of the officer presiding at the poll, is obstructing the polling or wilfully contravening this Act. 116.

Every returning officer, deputy returning officer, poll clerk, constable, candidate or agent authorized to be present at any polling place, shall before exercising at any polling place any of the rights of his office for which he has been appointed, take and subscribe before a justice of the peace, the municipal secretary, or commissioner for oaths, or in the case of a poll clerk or constable, before the deputy returning officer at whose polling place he is ap pointed to act, an oath in the prescribed form. 117.

The officer presiding at a polling place, and a poll clerk when acting in the place of the officer presiding or appointed to preside at a polling place, is by virtue of his office authorized to administer an oath to a person making a declaration, affidavit or other statement under oath, that is authorized or required by this Act to be made in the course of the holding of an election, or of the taking of a vote pursuant to this Act. Agents 118.

(1) Any person at any time producing to the deputy returning officer, or person in charge of a poll, a Wfl tten authority to represent a candidate as his agent at a polling place, shall be recognized as such by the officer.

(2) The officer shall not permit a candidate to have more than one agent representing him to be present at anyone time in a room in which voting is taking place.

(3) A candidate personally may undertake the ?uti~s that his agent might have undertaken, or he may aSSIst hIS 42

agent in the performance of his duties and may attend any place that his agent is authorized by this Act to attend. (4) vVhen, in the sections of this Act relating to the election of mayor, reeve or councillors, expressions are used requiring or authorizing

an act or thing to be done or im plying that

an act or thing is to be done in the presence of an agent or a candidate or candidates, such expression shall be deemed to refer to the presence of such agents as are authorized to attend and, as have in fact attended at the time and place where that act or thing is being done and if the act or thing is otherwise properly done, the non attendance of any agent at such time and place does not in validate it. 119.

(1) Every agent appointed in respect of a vote on a by-law or question shall (

a) before being admitted to the polling place, or (

b) before the summing up of the votes, as the case may be, produce his written appointment to the deputy returning officer presiding at the poll, or the return ing officer, as the case may be.

(2) In the absence of any agent authorized to attend at the polling place in the final summing up of the votes, any elector in the same interest as the agent so absent may, upon subscribing before the deputy returning officer or the returning officer a declaration, in the prescribed form, be admi tted at the polling place to act for the agent so absent. Advance Polls 120.

(1) Any municipality may, by by-law, provide for holding of an advance poll on any vote at an election or on a by-law or question.

(2) No advance poll shall be held within 24 hours of the time fixed for the opening of the regular polls.

(3) All proceedings that, in the opinion of the council, are necessary or expedient to give full effect to this

section shall be deemed to be authorized notwithstanding any in consistencies that may arise between the following sections and any other portion of this Act. 121. Notice of the time and place fixed for an advance poll shall be published at least once in each of the two weeks preceding the advance poll in a newspaper circulating in the municipality. 122.

(1) Where an advance poll is authorized the re turning officer shall establish an advance polli~g booth which shall be centrally located so as to suit the convenience of the electors. 43

(2) Where there are wards Or electoral divisions in a municipality, the advance poll shall be held at one centrally located place, except that the deputy returning officer in charge of the poll shall maintain separate ballot boxes for each ward or electoral division in the municipality.

(3) Except as otherwise provided, the poll held at any advance polling booth shall be conducted in the same man ner as is provided for the conduct of other polls in an elec tion, except that upon the ballot box being locked at the opening of the first day of the advance poll, it shall remain locked at all times until opened for the counting of ballots which will not take place until after the close of the poll~ on election day. 123. The persons authorized to vote at an advance poll are the electors (

a) who have reason to believe that they will be absent from their place of residence during the whole time fixed for the election or for voting on a by-law or question, or (

b) who by reason of physical disability find it im possible or extremely difficult to attend at the regular polling place. 124.

(1) Every person applying to vote at an advance polling booth, before being permitted to do so, shall be re quired by the deputy returning officer in charge of the poll to make and sign an affidavit or affirmation, in the pre scribed form, which shall be kept by the deputy returning officer with the other records of the poll.

(2) The returning officer, or deputy returning officer may take the affidavit or affirmation, and any person who signs it, knowing that any statements therein are false, is guilty of an offence and liable on

summary conviction to a fine of not less than $25 and not more than $100. 125. The returning officer shall forthwith after the last day of the advance poll cause to be delivered to the deputy returning officer, (

a) a corrected list of electors on which the names of electors or proprietary electors who are entitled to vote in his division and who have voted at the ad vance poll have been struck out, or (

b) a list of all electors or proprietary electors who are entitled to vote in his division and who have voted at the advance poll, and in the latter case the deputy returning officer or other presiding officer shall strike off his list the names of per sons having so voted. 44

Hospital Poll 126.

(1) For the purpose of taking the votes of any electors (

a) who on the day fixed for the holding of an election may be confined to any hospital in the municipality, and (

b) who are incensequence unable to go to the polling place at which they are qualified to cast their votes, the returning officer may appoint such sufficient number of deputy returning officers and polling clerks as he considers necessary to take the votes of those patients, but of no other persons whomsoever.

(2) All proceedings that, in the opinion of the returning officer, are necessary or expedient to give full effect to the provisions of this

section shall be deemed to be authorized notwithstanding any inconsistencies that may arise between this

section and any other portion of this Act. 127.

(1) When a hospital poll is provided for, the -re turning officer shall appoint the times on election day at which the votes in the hospitals shall be taken, and the deputy returning officers and polling clerks so appointed, accompanied by an -officer of the hospital, shall attend, with a ballot 'box, upon such patients as the superintend ent or other person having charge of the hospital certifies to the deputy returning officer to be bona fide patients in the hospital and to be well enough to vote, and take the votes of any such patients who wish to vote.

(2) Where there are wards or electoral divisions in a municipality, the hospital poll shall be held in accordance with subsection (1), except that the deputy returning of ficer in charge of the poll shall maintain separate ballot boxes for each ward or electoral division of the munici pality. 128. Every hospital at which a poll is taken is a polling place an? all the provisions of this Act apply, so far as they ?-re applIcable, !o the hold~ng of ~he. poll, and to all proceed Ings In connectIOn therewith or InCIdental thereto. 129.

Other than the officers, candidates, poll clerks constables or agents authorized to attend at the polling place and the electors who are for the time being actually engaged in voting, no person is entitled to be present nor shall any person be permitted to be present in the p~lling place during the time appointed for polling. DIVISION F Voting Procedure 130. Every polling place shall be kept open on polling day from 10 o'clock in the morning until eight o'clock in the evening. 45

(1) An employee who is an elector shall, while the polls are open on polling day, have two consecutive hours for the purpose of casting his vote.

(2) If the hours of the employee's employment do not allow for two consecutive hours, his employer shall allow him such additional time for voting as may be necessary to provide him the two consecutive hours, but the additional time for voting shall be granted at the convenience of the employer.

(3) No employer shall make any deduction from the pay of any employee nor impose upon him or exact from him any penalty by reason of his absence from his work during the two consecutive hours or additional time. 13.2.

(1) An elector may vote once only for mayor and for such number of councillors as he chooses, not exceeding the number of councillors to be elected, and all such votes shall be cast in the same polling division and a ballot con taining votes for more than the number of councillors to be • elected is void.

(2) An elector or proprietary elector may vote once only on a by-law or question.

(3) Notwithstanding subsection (2) an elector or pro prietary elector who is also a personal representative of a corporation or church or other religious organization, may vote once in his personal capacity, and once on behalf of the corporation, church or other religious organization. 133. Voting shall be by secret ballot. 134.

(1) At an election, the deputy returning officer or person in charge of the poll, or poll clerk shall record in the poll book the name of each person who declares that he is entitled to vote, and upon recording the qualifications shall require the person to sign the entry in the poll book, declar ing that his representations are true and upon the appli cant signing the poll book he shall be handed such ballot papers as by reason of his qualifications he is entitled to mark.

(2) Any person signing his name to a poll book is re quired to satisfy himself that all matters re,corded are true, and when any such recorded matter is untrue, he is guilty of an offence and liable upon

summary conviction to a fine of not more than $500 and in default of payment thereof to imprisonment for a term not exceeding six months, or to both fine and imprisonment. 135.

(1) When an election for school trustees is being held in conjunction with a municipal election and when the name of a person is being recorded i? the I?oll book pur suant to

section 134, the deputy returnIng offIcer 46

(a) (

b) shall enquire of the person whether he is a sup porter of the public or separate schools, and if the person acknowledges, orally or otherwise, that he is a supporter of the separate school, shall cause the letters "'88" to be recorded in the proper column of the poll book.

(2) When a person presents himself for the purpose of voting and it is found that another has voted in his name, he is entitled to vote if he otherwise establishes his identity to the satisfaction of the deputy returning officer and signs the poll book. 136.

When the right of any person to vote is objected to by a candidate or his agent, the deputy returning officer shall enter the obj ection or cause it to be entered in the poll book and the person entering it shall write his initials op posite the name of the voter in the column headed ~'objected to;' noting at the same time by which candidate or on behalf of which candidate the objection has been made by adding after his initials those of the candidate. 137.

Where a person desiring to vote has been required to sign the poll book and refuses to do so, the deputy return ing officer shall enter or cause to be entered opposite the name of that person in the proper column of the poll book the words "refused to sign" and the vote of that person shall not be taken or received. 138.

The deputy returning officer shall place or cause to be placed in the columns of the poll book headed "mayor", "councillor", "school trustee", "separate school trustee'), "money by-law", "by-law" or "question" or such as are ap plicable to the voting, a check mark opposite the name of every person receiving a ballot paper at the time he receives it to denote that the voter has received a ballot paper for mayor, councillor, school trustee, separate school trustee, money by-law, by-law or question, as the case may be. 139. The deputy returning officer (

a) may, and (l;) upon request shall, either personally or through his poll clerk, explain to a voter as concisely as possible the proper method of voting. 140. Upon receiving the ballot papers he is entitled to receive from the officer presiding at the poll, the voter shall forthwith proceed into the compartment provided for the purpose and shall mark (a,) a ballot paper for mayor, councillors or school trustees by placing a cross (thus: X) 47

(

i) on the right hand side opposite the name of any candidate, or (ii) within the division on the paper containing the name of any candidate, for whom he desires to vote, and (b) 3; ballot pap~r for a money bY-law, by-law or ques tIon by placIng a cross (thus:

X) within the di vision of the paper marked (i) "for" or "yes", or (ii) "against" or "no)', w hi.chever way he desires to vote. 141. While a voter is in the voting compartment for the purpose of marking his ballot paper, no person shall be allowed t? enter the- compartment or to be in any position from whIch he can observe the mode in which the voter marks his ballot paper. 142.

(1) After marking the ballot papers, the voter shall fold the ballot paper across so as (

a) to conceal the names of the candidates and the mark upon the face of the ballot paper, and (

b) to expose the initials of the officer presiding at the poll, and immediately after leaving the compartment shall with out delay and without showing the front to anyone, deliver the ballot paper so folded to the officer presiding at the poll.

(2) The officer presiding at the poll shall, without un folding the ballot paper or in any way disclosing the names of the candidates or the marks made by the voter upon the ballot paper or papers, verify his own initials and in the presence of all persons who are entitled to be present and are present in the polling place, deposit the ballot paper or papers at once in the ballot box.

(3) After his ballot papers are deposited in the ballot box, the voter shall forthwith leave the polling place. Special Cases 143.

(1) When an elector (

a) is incapacitated by blindness or other physical cause from marking his ballot paper, or (

b) claims to be unable to read, the deputy returning officer shall obtain from the elector an oral oath or solemn declaration in the prescribed form.

(2) If an incapacitated elector, as referred to in sub section (1) is accompanied by a friend, the deputy retur~ ing officer, if required to do so by the elector, shall permIt 48

that friend to accompa.ny the elector into a voting compart ment for the purpose of marking the elector's ballot paper and the ballot paper when marked shall be delivered by the elector or the friend to the deputy returning officer to be placed in the ballot box.

(3) Except as provided by subsection (2), the deputy returning officer in the presence of the agents, if any, of the candidates, shall mark the votes of the electors referred to in subsection (1), on their ballot papers in the manner directed by those electors, and shall immediately place the ballot paper in the ballot box.

(4) No candidate shall be present at the marking of a ballot paper under this section.

(5) The deputy returning officer shall enter or cause to be entered in the poll book, opposite the name of a person voting under this

section in the "remarks" column of the poll book, that the vote of the person is marked pursuant to this

section and the reason why it is so marked. 144.

(1) Where an elector does not understand the Eng lish language, the deputy returning officer ma.y allow an interpreter to translate the oath as well as any lawful question necessarily put to the elector, and the elector's answers thereto.

(2) Before acting as an interpreter, the interpreter shall take an oath in the prescribed form. 145.

(1) An elector, who has inadvertently dealt with his ballot paper in such a manner that it cannot be con veniently used as a ballot paper, may, (

a) on returning to the deputy returning officer the ballot paper so inadvertently dealt with, and (

b) on proving the fact of the inadvertence to the satisfaction of the deputy returning officer, receive another ballot paper in the place of the ballot paper so returned.

(2) The deputy returning officer shall immediately writ-e the word "spoiled" upon the returned ballot paper and shall preserve it. 146. Where an elector returns a ballot paper stating that he is declining to vote, the deputy returning officer (

a) shall record in the poll book in the remarks column opposite the elector's name an entry to the effect that he has declined to vote, and (

b) shall write the word "declined" on the returned ballot paper and shall preserve it. 147.

(1) No person who has received a ballot paper from the deputy returning officer shall take the ballot paper out of the polling place. 49

(2) Any person who, having received a ballot paper from the deputy returning officer, leaves the polling place without first delivering it to the deputy returning officer in the manner prescribed, thereby forfeits his right to vote at that election and the deputy returning officer shall record in the poll book in the remarks column opposite that person's name an entry to the effect that the person left the polling place without first delivering the ballot paper. 148.

(1) Promptly at eight o'clock in the evening on a polling day, the deputy returning officer shall declare the poll closed.

(2) If, when the poll is closed, there is an elector in the poll who desires to vote, he shall be permitted to do so, but no other person shall be allowed to enter the poll for that purpose. DIVISION G Proceedings after Closing the Poll 149.

(1) In every polling place the deputy returning officer shall immediately after the close of the poll and in the presence (

a) of the poll clerk, if any, and (

b) of such candidates or their agents as are present, open the ballot box and proceed to count the votes.

(2) The deputy returning officer shall not permit more than pne agent of any candidate or more than one repre sentative of either side on a vote on any by-law or question to be present at the same time in any polling place during the counting of the votes. 150.

(1) The deputy returning officer shall examine all the ballot papers and every ballot paper, (

a) that does not bear the initials of the deputy return ing officer on the reverse side, or (

b) on which more votes are cast than an elector is entitled to cast, or (

c) on which anything is written or marked by which an elector can be identified, or (

d) that has been torn, defaced or otherwise dealt with by an elector so that he can thereby be identified, or (

e) on which no vote has been cast by an elector, is void and shall not be counted.

(2) On the back of a ballot paper the deputy returning officer shall (

a) endorse "rejected" if he rejects it as void, and (

b) endorse "rejection objected to" if any objection is made to his decision, and shall initial each endorsement. 50

(1) The deputy returning officer shall take a note of any objection made by a candidate or his agent or in the case of a by-law or question by any person authorized to attend, to any ballot paper found in the ballot box and shall decide any question arising out of the obj ection.

(2) Every objection shall be numbered and a correspond ing number shall be placed on the back of the ballot paper and initialled by the deputy returning officer. 152.

(1) The deputy returning officer shall then count the votes given for each candidate upon the ballot papers not rejected, and shall prepare a written statement in words as well as in figures of the number of votes given for each candidate and of the total number of ballot papers rejected and not counted.

(2) The written statement shall be made up under the following heads: (

a) the name of the municipality; (

b) the name and number of the polling division; (

c) the date of the election; (

d) the number of persons who voted at the polling place; (

e) the number of votes for each candidate; (

I) the number of valid papers supplied to him; (

g) the number of rejected ballot papers; (

h) the number of unused and cancelled ballot papers and ballot papers marked "oath refused". 153.

(1) In the case of a vote on a by-law or question, the deputy returning officer shall count the number of votes for and against the by-law, or in the affirmative and negative on the question, and shall prepare a written statement in words as well as figures of the number of votes given for and against the by-law, or in the affirmative or negative on the question, of the total number of ballot papers rejected and not counted on the by-law or question.

(2) The written statement shall be made up under the following heads:- (

a) the name or number of the polling division, and day of the voting; (

b) the name of the municipality; (

c) the number of votes for the by-law, or in the affirm ative on the question; (

d) the number of votes against the by-law, or in the negative on the question; (

e) the total number of rejected ballots; (

I) the total number of spoiled ballots; (

g) the total number of ballots supplied to him; 51

and the. deputy returning officer shall certify forthwith under hIS hand the percentage of the voters voting on the by-law or question who voted in favour thereof.

(3) In calculating the percentage required under sub section (2) all ballots which are not counted shall be ex cluded from the total ballots. 154. (1) 'The written statement shall be signed by the deputy r~turning offi~er, the poll clerk, if any, and such of the candIdates or theIr agents as are present and desire to sign it.

(2) A deputy returning officer, upon being requested to do so, shall deliver to each of the persons authorized to attend at the polling place, a certificate (

a) of the number of votes given at the polling place for each candidate, and the number of rejected ballot papers, or (

b) the number of votes given for or against the by-law, or in the affirmative or negative on the question, and of the total number of ballot papers rejected on the by-law or question. 155. Every deputy returning officer, at the close of the poll, shall certify under his signature on the poll book, in full words, the total number of persons who have voted at the polling place at which he has been appointed to preside. 156.

(1) At the completion of the counting of the votes and in the presence of the candidates or the agents of the candidates, or authorized representatives on a by-law or question, the deputy returning officer shall make up into separate packets, (

a) the used ballot papers that have not been objected to and have been counted, (

b) the used ballot papers that have been objected to, but that have been counted, (

c) the rej ected ballot papers, (

d) the spoiled ballot papers, (

e) the ballot papers given to voters who afterwards returned them declining to vote, (

I) the unused ballot papers, (

g) the notes taken of objections made to ballot papers found in the ballot box, and (

h) the voters list, if any, and poll book together with the oath in the prescribed form.

(2) Before making up the packet contain!ng the .poll book and voters list, if any, the deputy re~urnln&: offIce~ sh!Lll make and subscribe before the returnIng offIcer, a JustIce of the peace, a person authoriz~d to administer oaths, .or before the poll clerk, his declaratIon under oath that the lIst 52

and poll book were used in the manner prescribed by law and that the entries required by law to be made therein were correctly made.

(3) The declaration shall be made in the prescribed form and shall thereafter be attached to the voters list, if any. 157.

(1) Each packet shall be sealed with the deputy returning officer's own seal and with seals of such can didates or agents of candidates, or persons authorized to a ttend as desire to affix their seals and each packet shall be marked upon the outside with (

a) a short statement of the contents of the packet, (

b) the date of the election, (

c) the name of the deputy returning officer, and (

d) the polling division name or number.

(2) The deputy returning officer shall then place all the packets containing ballot papers in the ballot box and the ballot box shall be locked and sealed with the seal of the deputy returning officer and with the seals of such candi da tes as desire to affix their seals. 158. After making up the packets and in the presence of such candidates or their agents as are present, the deputy returning officer shall prepare a ballot paper account (

a) indicating the date of the election, the name of the deputy deturning officer, the polling division name or number, and (

b) accounting for the ballot papers received by him by showing (

i) the total number of ballot papers received by him, (ii) the number of counted ballot papers, (iii) the number of rejected ballot papers, (iv) the number of spoiled ballot papers, (

v) the number of ballot papers given to electors who afterwards returned the same declining to vote, (vi) the ballot papers taken from the polling place, and (vii) the unused ballot papers. 159.

(1) The deputy returning officer personally shall forthwith deliver to the returning officer, (

a) the ballot box containing the packets, (

b) the ballot paper account, (

c) the poll book and voters list, if any, and (

d) the written statements made under sections 152 and 153. 53

(2) If, owing to illness or other causes, the deputy return ing officer is unable to deliver the items referred to in sub section (1) personally to the returning officer, he shall deliver them to a person chosen by him for the purpose, and shall write on the outside of each of the items the nam

Document details

Collection	Alberta — Bills
Citation	L15 S5 1251
Type	bill
Volume / chapter	L15 S5 1251
Language	en
Format	json
Source	PROVINCIAL
Identifier	b374ed94d79e986511cd24447a69f3040ae2771a

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