Bill 32 — Second Session, 22Nd Legislature, 39 Elizabetii Ii the Legislative Assembly of Alberta Bill 32 Irrigation Amendment Act, 1990 (Legislature 22, Session 2)

L22 S2 2707

Alberta — Bills

1990 BILL 32 Second Session, 22nd Legislature, 39 Elizabetii II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 32 IRRIGATION AMENDMENT ACT, 1990 MR. MUSGROVE Fkst Reading Second Reading Committee of the Whole Thkd Readmg Royal Assent

Bill 32 Mr. Musgrove BILL 32 1990 IRRIGATION AMENDMENT ACT, 1990 (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 1 The Irrigation Act is amended by this Act. 2

Section 1 is amended by repealing clause (

a) and substituting the following: (a) "Appeal Tribunal" means the Irrigation Appeal Tribunal appointed under

section 181.1; (a.l) "assessment roU" means the assessment roll of a disttict; 3 The following is added ctfter

section 44: 44.1(1) If the board wishes to (

a) use a body of water or a water comse or ditch that is owned or under die administtation of the board, or (

b) use any land that is owned or under the administtation of the board, for an activity, development or busmess not referred to in

section 44, it may apply to the Minister for approval to do so.

(2) On receipt by the Minister of an appUcation under subsection (1), the Lieutenant Govemor in Council may grant an approval subject to any terms or conditions that die Lieutenant Govemor in CouncU considers appropriate in the ckcumstances.

Explanatory Notes 1 This Bill will amend

chapter I-11 of the Revised Stamtes of Alberta 1980. 2

Section 1(

a) presently reads: 1 In this Act, (a) "assessment roll" means tiie assessment roll of a district; 3 Other activities. Explanatory Notes

(3) The activity, development or business for which an approval is granted shaU only be carried out by (

a) a company incorporated or registered under the Companies Act, the Business Corporations Act or the

Canada Business Corporations Act (Canada), or (

b) an association incorporated under the Co-operative Associations Act.

(4) When a board is granted an approval under subsection (2), the board may do one or more of the following: (

a) incorporate a company or an association referred to in subsection (3); (

b) hold shares in or be a member of a company or an association referred to in subsection (3); (

c) hold aU or any portion of the debt of a company or an association referred to m subsection (3); (

d) manage or operate, in whole or part, a company or an association referred to in subsection (3); (

e) enter into agreements or arrangements witii a company or an association referred to in subsection (3).

(5) WTiere a company or an association referred to in subsection (3) is eligible to be exempted from (

a) assessment and taxation pmsuant to the Municipal Taxation Act, or (

b) UabiUty tt) pay a fee imposed under a law of Alberta, that exemption shaU not apply to that company or association k tiie only reason for that exemption to apply to die company or association is based on the fact that tiie board of an krigation disttict, dkectiy or indkectiy, (

c) owns shares in or is a member of diat company or association, (

d) holds a debt of that company or association, (

e) operates or manages, in whole or in part, that company or association, or

Explanatory Notes

(

f) owns or has possession or conttol over the property on which or by which die company or association carries on its activity, development or business.

(6) The Minister may make regulations (

a) respecting the making and processing of applications under this section; (

b) goveming tiie information that must be provided in respect of or in support of an application; (

c) prescribing conditions that must be met with respect tt) making an appUcation; (

d) goveming the requkements that must be met by an applicant widi respect to making an appUcation or carrying out the activity, development or business diat is tiie subject of the appUcation. 4

Section 53 is amended by adding the following cfter subsection (5):

(5.1) A by-law made under subsection (5) does not come intt) effect until it has been approved by tiie Council. J

Section 78 is ameruied (

a) in subsection (1) by striking out "subsection (2)" and substituting "subsections (2), (2.1), (2.2) and (3)"; (

b) by adding the following after subsection (2):

(2.1) Notwithstanding that tiiere is more tiian one water user for a parcel of land, ordy one vote may be cast at an election in respect of that parcel of land.

(2.2) Notwithstandmg that a water user may be a water user for 2 or more parcels of land, tiiat water user may cast no more than one vote at an election. (

c) by repealing subsection (3) and substituting the following:

(3) Notwithstanding that an individual is entitied to cast a vote at an election as a water user, that person, if he is appointed as an agent of a corporation in accordance witii subsection (l)(b), may also cast votes on behak of tiie corporation. 6 The following is added cfter

Part 6:

Section 53(5) presentiy reads:

(5) The board may make by-laws establishing a tariff of charges to be imposed annually in respect of benefited parcels. 5

Section 78 presently reads: 78(1) Subject to subsection (2), the only persons entitled to vote at an election of directors are (

a) an individual who is a water user of the district, and (

b) an individual, whether a water user or rwt, appointed as an agent for a corporation that is a water user uruier a written authorization from the corporation to vote on its behalf

(2) For the purposes of an election of directors, the only water users entitled to vote are those of record in the assessment roll of the district at the time when the time for filing rwminations expired.

(3) A water user is not entitled to vote more than orwe at an election unless he is also authorized to vote as the agent of a corporation that is a water user. 6 Reviews and appeals. 3 Explanatory Notes

PART 6.1 REVIEWS AND APPEALS 181.1(1) The Minister shaU appoint an appeal tiibunal tt) be known as the "Irrigation Appeal Tribunal" consisting of (

a) a chairman, and (

b) not more than 4 other persons, 2 of whom must be members of die CouncU.

(2) The Appeal Tribunal shall hear appeals brought before k under this Part

(3) The appointinent to the Appeal Tribunal (

a) of the chakman shaU be for a period of time not exceeding 5 years, and (

b) of die members other dian die chakman may be (

i) for the hearing and determination of one or more specific appeals, or (ii) for a period of time not exceeding 3 years.

(4) Where the term of office of a member of die Appeal Tribunal terminates and that person is at the time of the termination in the process of hearing or determining an appeal, that person is, for die purpose of determining that appeal, empowered to continue to perform die duties and functions of a member of the Appeal Tribunal until the appeal is concluded.

(5) A quoram of the Appeal Tribunal is 3 members of die Appeal Tribunal, one of whom must be a member of die CouncU.

(6) If an appeal is being held and the chairman of the Appeal Tribunal is not hearing the appeal, the chairman shaU designate a member of the Appeal Tribunal who is hearing die appeal tt) act as die chairman for the purposes of that appeal.

(7) The Minister may prescribe the remuneration and expenses payable to the chairman and other members of the Appeal Tribunal. 181.2(1) Where a water user is affected by a by-law, resolution, dkection or decision of a board, that water user may within 60 days

Explanatory Notes

(

a) from die day that die by-law or resolution was passed, OT (

b) from die day that die water user is notkied of die dkection or decision, request die board to review its by-law, resolution, dkection OT decision by serving on die board a written application for a review.

(2) On being served witii an application for a review under subsection (1), tiie board shall in writing, witiiin 30 days from the day on which it was served witii the application, advise the person applying for the review (

a) that the board wUl conduct a review, or (

b) that the board has declined to conduct a review.

(3) If a board fails (

a) to commence its review witiiin 40 days fijom die day tiiat it is served witii the application for a review, (

b) to complete its review and advise the person who appUed for the review within 60 days from the day that the board is served with an appUcation for a review, or such longer period of time as agreed to by the person who appUed for the review, of the board's decision, or (

c) to advise the person who appUed for the review of its decision under subsection (2) within the 30-day period, the board shall be deemed to have advised die person who applied for the review that the board has declined to conduct a review. 181.3(1) Where (

a) a review was conducted by a board, die water user who applied for the review may appeal the decision arising out of the review to the Appeal Tribunal, or (

b) a board declines to conduct a review, the water user who applied for die review may apply to have die Appeal Tribunal hear the matter as if a review had been conducted and no reUef had been granted.

(2) An appeal must be commenced within 60 days from die day that the water user (

a) was notified of the board's decision arising out of tiie

Explanatory Notes

review, or (

b) was notkied or deemed to have been notkied diat die board declined to conduct a review.

(3) An appeal shall be commenced by serving a notice of appeal on the secretary of tiie CouncU.

(4) On being served witii a notice of appeal the secretary of die Council shaU forthwidi give (

a) the notice of appeal to the chairman of the Appeal Tribunal, and (

b) a copy of the notice of appeal to the board that made the by-law, resolution, dkection or decision that is the subject of the appeal. 181.4 For the purposes of an appeal before the Appeal Tribunal the foUowing appUes: (

a) a notice of appeal shaU set forth (

i) die particulars of the matter being appealed, (ii) the name and address of the party applying to have die appeal, and (iU) die name of die board that made die by-law, resolution, dkection or decision tiiat is tiie subject of tiie appeal; (

b) written notice of the time and place of the appeal shall be sent by or on behalf of die Appeal Tribunal (

i) tt) die appeUant, and (ii) to tiie board; (

c) an appeal shall be heard and a decision made witiiin 60 days from die day tiiat the Appeal Tribunal received die notice of appeal; (

d) die granting and duration of an adjoumment is in die sole discretion of the Appeal Tribunal; (

e) die time Umit prescribed in clause (

c) does not ran during a period of adjoumment; (

f) a period of adjoumment shaU not exceed 45 days;

Explanatory Notes

(

g) tiie chakman of the Appeal Tribunal has the same power as is vested in the Court of Queen's Bench for the trial of civil actions (

i) to summon and enforce tiie attendance of wimesses, (ii) to compel wimesses to give evidence on oath or otherwise, and (iU) to compel witnesses tt) produce any record, object or tiling diat relates to die matter being heard; (

h) the parties to an appeal have a right to attend all hearings held in respect of the appeal; (

i) die Appeal Tribunal shall receive die evidence diat it considers relevant to the matter being heard; (

j) a person appearing before tiie Appeal Tribunal may be represented by legal counsel; (

k) die parties appearing before the Appeal Tribunal shaU be given adequate oppormnity to make representations, present evidence and cross-examine wimesses, if any; (1) the Appeal Tribunal may take evidence under oath; (

m) any member of the Appeal Tribunal may administer oaths for the purpose of taking evidence; (

n) the rules of evidence applicable to judicial proceedings do not apply; (

o) all oral evidence received shaU be taken down in writing or recorded by electtonic means; (

p) all the evidence taken down in writing or recorded by electionic means and aU documentary evidence and things received in evidence at a hearing form the record of the proceeding; (

q) k a party to an appeal fails to appear for die hearing within one hour from tiie time set forth in the notice given under clause (b), die appeal may be dismissed or tiie hearing conducted and determined in that person's absence as the Appeal Tribunal considers proper in the ckcumstances; (

r) at any time after a person applies to have an appeal, the Appeal Tribunal may make any interim order that it considers advisable in the ckcumstances pending the determination of tiie appeal;

Explanatory Notes

(

s) in determining an appeal, die Appeal Tribunal may by order, (

i) ki die case of an appeal arismg out of a decision given pursuant to a review, (

A) confkm, vary or rescind the decision of die board, or (

B) refer the matter back to the board to reconsider its decision subject to any recommendations that the Appeal Tribunal considers appropriate, or (ii) in the case where a board declined to conduct a review, make any decision diat the board could have made in determining a review; (

t) notice of the decision made pmsuant to an appeal and any written reasons respecting the decision shall be sent promptiy to (

i) the parties to the appeal, and (ii) the board; (

u) a decision of the majority of the members of die Appeal Tribunal is die decision of the Appeal Tribunal and if there is not a majority, the decision of the chairman is the decision of the Appeal Tribunal; (

v) any member of the Appeal Tribunal who does not concur with die decision of the Appeal Tribunal, or the reasons for the decision, may render a minority report; (

w) die Appeal Tribunal may pubUsh its decision in any manner that it considers appropriate; (

x) notwitiistanding clauses (b), (

i) and (1), widi the consent of the parties to an appeal die consideration of die appeal may be conducted without a hearing being held; (

y) where an appeal is conducted under clause (x), (

i) all matters conceming die appeal may be submitted in writing, or as otherwise dkected by die Appeal Tribunal, to die Appeal Tribunal, and

Explanatory Notes

(ii) the process under which the appeal is considered and determined by die Appeal Tribunal shall be deemed tt) be a hearing; (

z) notwithstanding clause (c), if a matter is conducted under clause (x), the decision of the Appeal Tribunal shaU be made witiiin 30 days from the day that die parties to tiie appeal consented to the matter being conducted under clause (x); (aa) the provisions of the Alberta Rules of Comt relating \o the payment of conduct money or witness fees apply to matters heard under this Act. 7

Section 183 is amended by striking out "$200" and substituting "$2000". 8

Section 184 is amended (

a) by striking out "$200" and substituting "$2000"; (

b) by striking out "one year" and substituting "60 days". 9

Section 185(1) is amended by striking out "$100" and substituting "$2000".

Section 183 presently reads: 183 A person who interferes with, molests or hinders in his work a person lawfully engaged in carrying out any of the provisions of this Act is guilty of an offerwe and liable to a fine not exceeding $200 or to imprisonment for a term not exceeding 60 days or to both fine and imprisonment. 8

Section 184 presently reads: 184 A person who carelessly or wilfully or without authority (

a) tampers with any irrigation works of a board, (

b) takes or diverts water from any of the irrigation works of a board, or (

c) does anything that interferes or may interfere in any way with the flow of water in, into, through or from the irrigation works of a board, is guilty of an offence and liable to a fine not exceeding $200 or to imprisonment for a term not exceeding one year or to both fine and imprisonment. 9

Section 185(1) presentiy reads: 185(1) A person who carelessly or wilfully (

a) obstructs or deposits any material in an irrigation work, or (

b) breaks, cuts or otherwise injures any irrigation work, is guilty of an offence and liable to a fine not exceeding $100 and in default of payment to imprisonment for a term not exceeding 60 days. Explanatory Notes

Section 186 is repealed and the following is substitiited: 186 A person who (

a) deposits or causes OT allows to be deposited along the bank of any irrigation work of a board, (

b) throws into any irrigation work of a board, or (

c) allows to be washed or flushed into an irrigation work of a board, any contaminated matter, filth or impme or deleterious matter or substance of any kind is guilty of an offence and Uable to a fine not exceeding $2000 or to imprisonment for a term not exceeding 60 days or to both fine and imprisonment. 11

Section 187 is amended by striking out "$100" and substituting "$2000". 12

Section 188(2) is amended by striking out "$200" and substituting "$2000". 10

Section 186 presently reads: 186 A person who (

a) deposits or causes or allows to be deposited along the bank of any irrigation work of a board, or (

b) throws into any irrigation work of a board, any filthy, impure or deleterious nwtter or substance of any kind is guilty of an offence and liable to a fine not exceeding $200 or to imprisonment for a term not exceeding 60 days or to both fine and imprisonment. 11

Section 187 presently reads: 187 A person who (

a) makes a fraudulent assessment under

Part 4, (

b) wilfully or fraudulently inserts in the assessment roll, a collector's roll or an enforcement return the rwme of a person which should not be entered in it, (

c) wilfully or fraudulently omits the name of a person in the assessment roll, a collector's roll or an enforcement return which should be inserted in it, or (

d) wilfully neglects any duty required of him by this Act, is guilty of an offence and liable to a fine of not more than $100. 12

Section 188 presentiy reads: 188(1) A person in actual occupation of land to which water is delivered or made available by a board is under a duty to use the water with reasonable care and to prevent the water from causing injury or damage to any person or property.

(2) A person who, being under a duty by virtue of subsection (1), fails without lawful excuse to perform that duty is guilty of an offence and liable to a fine not exceeding $200 or to imprisonment for a term not exceeding 60 days or to both fine and imprisonment.

(3) This

section does not affect any civil right or remedy that any person has in respect of the failure of any person to perform a duty imposed on him by subsection (1). 10 Explanatory Notes

13 The following is added cfter

section 192: 193 Except as provided for in this Act, any by-law, regulation, tariff of charges, domestic water charge, irrigation rate, special rate or other rate, fee or charge diat is made, imposed, set, approved or otherwise estabUshed under this Act does not need to be approved pmsuant tt) the Water Resources Act or filed under the Water Resources Act before it comes into force. 14(1) Any by-law, regulation, tariff of charges, domestic water charge, irrigation rate, special rate or other rate, fee or charge that was made, imposed, set, approved or otherwise established uruier the Irrigation Act prior to the coming into force of

section 13 of this Act is deemed to have been approved for the purposes of the Water Resources Act and filed under the Water Resources Act at the time that it was made, imposed, set, approved or established under the Irrigation Act. (2) Subsection (1) does not apply to the parties in the Court of Queen's Bench action having the style of cause The Directors of the Western Irrigation District vs Karl H. H. Trobst et al with respect to the tariff of charges established by the board of the Western Irrigation District for the year 1988 and that was intended to apply to the land that was the subject of that action. 11

13 Exclusion from Water Resources Act. 14 Transitional. ' ' Explanatory Notes Title: 1990 (22nd 2nd) Bill 32, Irrigation Amendment Act, 1990

Document details

Collection	Alberta — Bills
Citation	L22 S2 2707
Type	bill
Volume / chapter	L22 S2 2707
Language	en
Format	json
Source	PROVINCIAL
Identifier	b6859d3dcdc5330ba9e2aebe9804a8258eb49afe

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