Bill 75 (Legislature 5, Session 3)

L5 S3 9526

Alberta — Bills

BILL No. 75 of 1923.

An Act to amend The Village Act. (Assented to • 1923.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: ., 1. This. Act may be cited as "The Village A ct. Amend ment Act, 1923."

Section 2 of The Village Act, being

chapter 109 of the Revised Statutes of Alberta, 1922, is amended as to paragraph (

k) thereof, by striking o.ht the word" include," and subs~ituting therefor. the word "mean."

Section 40a ,is adde.d to the said Act as follows: "40a. If so requested at any time by the petition of ten electors the. reeve shall by a printed public notice, conspicuously posted in at least five places in the village, call a public meeting for the discussion of the affairs of the village or of any matters relating thereto." Ll.

Section 75 of the said Act· is amended by adding as paragraph 64 thereof the following: "64. Preventing nuisances and compelling the abate ment thereof generally, and declaring any building, structure or erection of any kind whatsoever, or any drain, ditch, water-course, pond. surface water or any other matter or thing in or upon private lands,· street or road, or in or about any building or structure, to be a nuisance and dangerous to the public safety or health, and directing the removing. filling up or other abatement of such nuis ance!' , ~.

Section 79 of. the said Act is amended as to subsection (3) thereof by striking out paragraph (c), and substituting therefor the following: "(c) 'Resident' shall mean any person who has had his home in the village for at least. three successive months during the six months immediately prior to the date of his receiving assistance from the council, or of being placed in a hospital, and is not a resident of any improvement district, or other municipality, or. of some place outside the Province."

Section 80 of the said Act is amended by striking out subsections (6) and (7) thereof, and substituting therefor the following as subsections (6), (7) and (8): "

(6) Any village may enter into. an agreement with any hospital for the care and treatment of its residents, or of its indigent residents, for such sum total per year or month, or for such annual, monthly or per diem payment pel' patient as may be agreed upon, and upon any such agree ment being entered into the liabillty of the village Ahall be· determined thereby in lieu of the provisions of thi~ Act. "

(7) No such agreement shall be bipding upon the parties thereto until it has received the approval of the Minister of Health. "

(8) No village entering into any such agreement with a hospital shall be liable to any other hospital except by special agreement."

Section 82 of the said Act is amended- (

a) as to subsectipn (1) by striking out the word::; "from the person for whose relief, care or treat ment it was paid," and substituting therefor the words "from any person for whose relief, care or treatment it Was paid, or who was legally respon sible for the maintenance of the person for whose relief; care or treatment it was paid"; (

b) by striking out the word "patient" where it occurs therein, and substituting therefor the word "person" ; (

c) by striking out subsection (3) thereof, and sub stituting as subsections (3), (4), (5), (6) and (7) thereof the following: "

(3) On and before the first day of April in each year the authorities of each hospital shall forward to the secretary treasurer of each village a statement as to !,\>ccounts owing by the non-indigent residents thereof, for the care and treatment of themselves or of persons for whose main- tenance they were legally responsible. ' "

(4) The said statement shall give the name of every such resident, the amount of his account as of the pre ceding thirty-first day of December and his address, and shall be accompanied by an affidavit from a responsible officer of the hospital that the correctness of the amount has been admitted in writing by the person charged and that it is impossible for the hospital to collect such accounts otherwise than by the means provided herein. "

(5) Upon receipt of such statement the secretary treasurer shall enter upon the tax roll the said amounts as taxes opposite the names of the residents owing them, and the payment thereof shall be enforced in the same manner as that of other taxes upon land.

3 "

(6) Notwithstanding any other provIsIons of this section, the land of a resident shall not under the pro visions of this

section stand charged at anyone time with a greater sum than two hundred dollars. "

(7) Notwithstanding any other provisions of this Act, money charged against the land of a non-indigent resident shall, when such land is mortgaged, only be recovered by suit or distress and not by proceedings under The Tax Recovery Act, 1922." S.

Section 91 of the said Act is amended as to paragraph (

c) by adding at the end thereof the words" and the erection of fire walls."

Section 102 of the said Act is amended- (

a) as to subsection (1) by striking out the same, and substituting therefor the following: " 102.-

(1) Land shall be assessed at its fair actual value, exclusive of the value of any build ings and improvements thereon"; (

b) as to subsection (2) thereof by striking out the words "true value," and inserting in lieu thereof the words "fair actual value." I o.

Section 104a is added to the said Act as follows: " 104a. Any by-law or by-laws passed under the pre ceding sections shall continue in force until repealed: "Provided, however, that no such by-law or by-laws shall be amended or repealed unless amended or repealed by a by-law or by-laws passed at a regular meeting of the council held in any year subsequent to the year in which the original by-law was passed and prior to the first day of May in such subsequent year." II.

Section 123a is added to the said Act as follows: "123a. Where any person had at the time of the assessment any taxable interest in the property in respect of which his name was entered upon the assessment roll and there has been no appeal to the court of revision in accordance with the provisions of this Act, then upon the expiry of the time hereinbefore limited for the lodging of complaints, the assessment of the property placed opposite his name on the roll shall be deemed incontestably to be the proper, lawful and final assessment of his taxable interest therein."

Section 131a is added to the said Act as follows: "13Ia. Where any person had at the time of the assessment any taxable interest in the property in respect

4 6f :which his' name was entered upon the assessment roll and there has been an appeal to the court of revision but • there has been no appeal to the District Court as herein provided for, then immediately, upon expiry of 1~he time limited for filing notices of appeal to a judge the [1SSeHHment of property placed oppoHitn his THUne upon the roll, or as altered by the court of revision, as the case may be, shall be deemed lincontestably to be the propel', lawful and fi.nal assessment of his taxable intereHt therein." , ; 13. Sections 134a and 134b 'are added to the 8aid Act as follows: "134:a.-

(1) Where any person having an interest in property taxable under the provisions of this Act has in any year heretofore or hereafter been assessed in respect of ,such property. and notice of such assessment has been sent to him, but he has escaped from taxation by virtue of his assessment being declared invalid or a nullity by a court of competent jurisdiction, then such person may be assessed in any subsequent year in respect of such interest, and shall thereupon . become liable to pay as taxes"in such subsequent year, and in addition to'any taxes, lf any, to which he is liable in, that year, the taxes 'which he would have been liable to pay in the year in which he escaped taxation, if he had then been correctly assessed arid taxed. ' i \'

(2) The said assessment shall be made by the' court of revision and the person assessed thereby shall be im mediately notified thereof by the secretal'y-treasur()r and the person so assessed shall have the right of appeal to the judge of the District Court of any judicial district in \vhichthe village is wholly or partly situated. "

(3) The person appealing shall serve upon the secretary treasurer of the village within thirty days after the decision of the, court of revision a written notice of his intention to appeal to a District Court judge. Ii

(4) The District Court judge so appealed to shall heal' ,the appeal within one month after he has been, notified by the secretary-treasurer of the desire of the said person to appeal 'and he shall either confirm the assessment made by the court of revision, or'" if he thinks such assessment is incorrect; fix a sum as the proper assessment of the person appealing. , "134:b.

In determining all matters brought before the court of revision or a District Court judge, such court or judge shall have jurisdiction to determine not only the amount of the assessment but also all questions as to whether any persons or things are or were assessable,' or are or were ~egally assessed or exempted from asses·sment."

5 14. ~ectioll 151 oflthe said Act is amended by striking out all words after the word Ii taxes" where it occurs therein, and substituting therefor the words" upon land."

Xo.75. 'rHIRD SESSION FIFTH LEGISLA'rURE 13 GEORGE V 1923 BILL

An Act to amend The Village Act. Received and read the First time ................... . Second time ................. . Third time ... / ............... . HON. MR. REID. EDMONTON: J. W. JEFFERY. KINO'S PRINTER A.D. 1923 Title: 1923 (5th, 3rd) Bill 75,

An Act to amend The Village Act

Document details

Collection	Alberta — Bills
Citation	L5 S3 9526
Type	bill
Volume / chapter	L5 S3 9526
Language	en
Format	json
Source	PROVINCIAL
Identifier	b94a380f5343f4d295d816d38a6169a3ce2e80a4

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