Bill 14 (Legislature 9, Session 3)

L9 S3 7702

Alberta — Bills

Bill No. 14 of 1943. A BILL TO AMEND THE MUNICIPAL DISTRICT ACT. NOTE. The ehange made by the amendment to

section 49 is to require, in" addition to the statement by a eandidate for elee tion, a certificate of the secretary-treasurer showing that the candidate is not disqualified for non-payment of taxes. The effect of

section 2 of the Bill is to enable the council to authorize payment to its members for laying out and inspecting work performed for the district for a period ex ceeding fifteen days, which is the limit in the Act at present. Any such action must be appr'Oved by the Minister. The general effect of sections 6, 7, 8, 12, 13 and 14 of the Bill is to authorize the levying of a single tax rate in lieu of different rates for the different classes of taxes, and to provide that all taxes collected should be paid into a general revenue fund instead of into trust funds as the Act provides at present. The new paragraphs (

m) and (

p) included in

section 180 provide f'Or deposits and payments to comply with. these provisions. The amendments to sections 288 and 289 make it clear that the tax levy is to be made on personal property in cases where a municipal district has passed a by-law for the as sessment 'Of personal property.

Section 6 of the Bill, which enacts a new seetion 291, pro vides the form of tax roll made necessary by those changes.

Section 7 of the Bill strikes out

section 292 which is no longer applicable.

Section 8 of the Bill provides f'Or the contents of the new tax notice necessitated by the change. Sections 9 and 10 of the Bill are new provisions for dis counts and penalties on taxes. Formerly penalties were imposed where taxes were not paid before the first day of July the foll'Owing year. The new provision provides for penalties being imposed by by-law when taxes are in ar rears on the first day of April. The new provision provides for annual penalties in lieu of semi-annual penalties pre viously provided for. The amount of the penalty is fixed at not more than six per cent annually instead of four per cent semi-annually.

Section 10 of the Bill gives power to the council to provide discounts for earlier payment with the approval of the Minister.

(ii) Sections 11 and 12 of the Bill strike out subsection (2) of

section 302 and

section 303, no longer applicable in view of the change as to levying taxes.

Section 13 of the Bill which enacts anew

section 324 provides for the paying of all taxes collected into the gen eral revenue fund of the moneys instead of certain portions being paid into trust accounts as the

section formerly pro vided.

Section 328 is omitted as it referred to the school taxes trust fund.

Section 15 of the Bill enacts a new

section 329 in order to bring s.chool divisions within the scope of the

section as well as school districts. w. S. GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 14 of 1943.

An Act to amend The Municipal District Act. (Assented to , 1943.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Municipal District Act, being

chapter 151 of the Revised Statutes of Alberta, 1942, is hereby amended as to

section 49 by repealing subsecti'Ons (2) and (3) thereof and substituting therefor the following: "

(2) No nomination shall be received unless it is accom panied by,- "(

a) a written statement in Form J of the Schedule, signed by the person nominated to the effect that he is qualified for election and that he will accept the office if elected; and "(

b) a certificate in Form JJ 'Of the Schedule, signed by the .secretary-treasurer to the effect that the person nomina ted is not disqualified by the provisions of

section 133 (

g) of the Act." 2. The said Act is further amended as to subsection (5) of

section 164 thereof by adding thereto the following proviso: "Provided, however, that the coun,Gil may, by a subse quent resolution, provide for paying the members of the council for said work for a number of days in excess of fifteen, but no such resolution shall have any force or effect unless and until it has been approved by the Minister." 3. The said Act is further amended as to

section 180 thereof by striking out paragraphs (

m) and (

p) and sub stituting therefor the following: "(

m) deposit to the credit of the municipal district daily, or as often as the council may direct, in some char tered bank or treasury branch designated by the council, all moneys received by him; "(

p) make all payments on behalf of the municipal dis trict by ,cheque signed by himself and countersigned by the reeve or by the deputy reeve and drawn on the chartered bank or treasury branch in which the moneys of the municipal district are deposited."

2 4. The said Act is further amended as to

section 288 thereof by inserting the words "personal property': af~r the word "improvements" where the same occurs In hne seven. 5. The said Act is further amended as to

section 289 thereof by inserting the words "personal property': af~er the word "improvements" where the same occurs In hne five. 6. The said Act is further amended as to

section 291 thereof by striking out the same and substituting therefor the following: "291. On or before the' first day of September in each year the secretary-treasurer of every municipal district shall enter in the assessment roll for the year a statement of all taxes against each parcel, personal property or busi ness assessed upon the roll, and the statement shall show,- "(

a) the several rates of taxation for the current year; " (

b) the total of the mill rates levied; "(

c) the total taxes due for the current year on each par cel of land or other property, or by any person; "(

d) the total arrears of taxes on ea,ch parcel of land or other property 01' by any person." 7. The said Act is further amended as to

section 292 by. striking out the same. 8. The said Act is further amended as to

section 295 thereof by striking out subsection (2) and substituting therefor the foll'Owing: "

(2) Every notice shall show the property assessed, its assessed value, the several rates of taxation for the current year, the total taxes levied for the current year, the arrears of taxes and the total taxes due, and shall be in the pre scribed form." 9. The said A·ct is further amended as to

section 298 thereof by striking out the same and substituting therefor the following: "298.-

(1) The councn may by by-law provide that, if after the thirty-first day of March in any year, any taxes which became due and payable in the preceding year re main unpaid, there shall be added thereto by way' of a penalty an amount not exceeding six per cent on the first day of April 'Of that year and each succeeding year so long as the taxes remain unpaid, and every amount so added shall form a part of the taxes which are created a special lien upon the land under the provisions of this Act. "

(2) Any by-law passed pursuant to subsection (1) shall remain in force until it is rep~aled or amended by subse quent by-law and any amending by-law shall remain' in force until repealed or amended.

3 "

(3) Nothing in this

section contained shall be construed to~xte~d the t~me for payment of the taxes nor in any way to ImpaIr the rIght .of distress .or any other remedy provided by this Act for the collection of taxes." 10. The said Aet is further amended as to Seetions 299 and 300 thereof by striking out the same and substituting therefor the following: . "299.-

(1) The .council may, by by-law, provide that a dIscount 'of not more than ten percent shall be allowed on all payments made before the fifteenth day of December on taxes which became due and payable in the year in which the payment is made. "

(2) No by-law passed pursuant to subsection (1) shall be effective unless it is passed prior to the first day of May and has been approved by the Minister, but any by-law so passed and approved shall remain in rorce until it is re pealed .or, with the approval of the Minister, amended by subsequent by-law passed prior to the first day of May in an'y year, and any such amending by-law shall remain in force until repealed or amended in the same manner." 11. The said Act is further amended as to

section 302 thereof by striking out subsection (2). 12. The said Act is further amended as to

section 303 thereof by striking out the same. 13. The said Act is further amended as to

section 324 thereof by striking out the same and substituting therefor the following: "324.

The total amount of all taxes levied and collected in any year shall be paid into the general revenue of the municipality and deposited in a chartered bank or treasury branch to the credit of the municipality, and shall be made available for the payment of the general expenditures of the municipality and for the payment of any amount pay able by the municipality in that year to any municipal hospital district, school division or school district, and also for the payment 'Of any amount payable by the municipality in that year under The Social Services Tax Act, The Educa tional Tax Act, The Wild Lands Tax Act and The Municipal Hail Insurance Act, provided that any arrears of taxes which have been hypothecated as security for a loan shall, when collected, be kept separate and applied, so far as neces sary, in the payment of such loan." 14.

The said Act is further amended as' to

section 328 there.of by striking out the same. 15. The said Act is further amended as to

section 329 thereof by striking out the same and substituting therefor the f.ollowing:

4 "329. Any person or bank lending. any sum t~ a munici pal district for the pu.rpo~e of meetIng. t?~ estImated ex penditure of a school dIstrIct or school dIVISIO~ shall not be bound to establish the necessIty for borrowIng the same nor to see to the payment of the same by the municipal dis trict to the school district or school division." 16. The said Act is further amended as to the

Schedule by inserting therein immediately after Form J the following new Form JJ: "FORM JJ.

"I, ......... '" ...................................... , the Secretary-Treasurer of the Municipal District of ................................ , do hereby certify that ....................................... .is not indebted to the said Municipal District for taxes for more than the two calend~r years immediately preceding the year ............ (the year In which the election is held). (or) the said ...................................... has entered into an agree- ment for the consolidation of the arrears of taxes owing by him to the said Municipal District and the said agreement is still in force.

"Dated at...... ...... ........ .., the ... day of Febru- ary, A.D. 194 Secretary -Treas urer , Municipal District of ......... .. " 17. The provisions of

section 9 of The Social Service'S Tax Act in so far as they require payment of taxes received into a social services tax trust account, shall not apply to municipal districts, provided, however, that all payments received by a municipal district with respect to social serv ice taxes in any month shall be remitted to the Minister not later than the tenth day of the next and ensuing month. 18. This Act shall come into force,- (

a) with respect to sections 2, 4, 5, 9 and 10, on the day upon which it is assented to; (

b) with respect to se,cti ons 1 and 16, on the first day of January, A.D. 1944; (

c) with respect to all other sections, on the first day of January, A.D. 1944; provided, however, that the council of any municipal district formed under the provisions of

Section 19 of The Municipal District Act may apply to the Minister for permission to come under the operation of the said sections before th~ fi~st d~y of January, A.D. 1944, and if such ap plIcatIOn IS granted, the said sections shall there after apply to the said municipal districts.

No. 14. THIRD SESSION NINTH LEGISLATURE 7 GEORGE VI 1943 BILL

An Act to amend The Municipal District Aet. Recei ved and read the First time ........................................ . Second time ..................................... . Third time ....................................... . HON. MR. MAYNARD. EDMONTON: A. Shnitka, King's Printer 1943 Title: 1943 (9th, 3rd) Bill 14,

An Act to amend The Municipal District Act

Document details

Collection	Alberta — Bills
Citation	L9 S3 7702
Type	bill
Volume / chapter	L9 S3 7702
Language	en
Format	json
Source	PROVINCIAL
Identifier	bcd91a123ebe0fa0971db6b8ca6a779e05c9665e

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