Bill 53 — First Session, 21St Legislature, 35 Elizabeth Ii the Legislative Assembly of Alberta Bill 53 County Amendment Act, 1986 (Legislature 21, Session 1)

L21 S1 3239

Alberta — Bills

1986 BILL 53 First Session, 21st Legislature, 35 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 53 COUNTY AMENDMENT ACT, 1986 THE MINISTER OF MUNICIPAL AFFAIRS First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bid 53 BILL 53 1986 COUNTY AMENDMENT ACT, 1986 (Assented to HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The County Act is amended by this Act. 2

Section 1 is amended (

a) by renumbering it as

section 1(1); (

b) in subsection (1) (

i) by adding the following after clause (a): (a.l) "elected authority", with respect to an educational unit, means (

i) the council of a city, town, village or summer vil lage referred to in clause (a)(i), (ii) or (iv), (ii) the Minister of Education in the case of a school district or part of a school district referred to in clause (a)(iii), or (iii) the county council in the case of a hamlet re ferred to in clause (a)(v); (ii) in clause (

d) by striking out "or 20"; (

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

(2) Any election, plebiscite or vote on a by-law or question required under this Act shall be carried out in accordance with the Local Authorities Election Act.

(3) A reference in this Act to "population" means the popu lation as determined pursuant to the Property Tax Reduction Act except that in the case of an educational unit the number of separate school supporters in that educational unit shall be deducted from the population as determined under that Act. 3

Section 5 is amended (

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

(2.1) In addition to the requirements of the Municipal Gov ernment Act with respect to petitions, a petition under sub section (2) shall include the date of signature by the elector.

Explanatory Notes 1 This Bill will amend

chapter C-27 of the Revised Statutes of Alberta 1980. 2

Section 1 presently reads: 1 In this Act, (a) "educational unit" means (

i) a city, town or village, other than a summer village, included in a county for school purposes under

section 7, (ii) a city, town or village, other than a summer village, included in a county for school purposes under

section 25, (iii) those school districts or parts of them included in a county for school purposes only under

section 26, (iv) a summer village included in the county for school purposes that has a population of 150 or more persons, or (

v) a hamlet (as defined in the Municipal Government Act) that has a population of 5000 or more persons; (b) "Minister" means the Minister of Municipal Affairs: (c) "municipality" means a municipal district, improvement district or special area; (d) "school representative" means a person appointed under

section 18 or elected under

section 19 or 20 to represent an educational umt. 3

Section 5 presently reads: 5(1) Immediately after the expiration of 4 years from the date of the formation of the county, the county councd shad (

a) post up and keep posted for a period of not less than 30 days a notice in the prescribed form in not less than 15 conspicuous places in the county, one of which shad be the office of the county secretary and Explanatory Notes

and the validity of the signature expires 120 days after it was made unless the petition is filed with the county secretary before the end of that 120-day period. (

b) by repealing subsection (4). 4

Section 10 is repealed. 5

Section 13(2) is repealed and the following is substituted:

(2) The reeve has all the rights, duties, privileges and powers of (

a) the reeve of a municipality, and (

b) the chairman of the board of trustees of a school division with respect to those matters under the School Act that by

section 14 of this Act are reserved to the council. 6

Section 14(

b) is repealed and the following is substituted: (

b) a board of trustees of a school division by the Local Author ities Election Act and by the School Act in respect of (

i) the appointment of a secretary, treasurer or auditor, (ii) borrowing money, and (iii) passing by-laws.

(

b) publish the notice in a newspaper of general circulation in the county at least once during the period in which the notice is required to be kept posted under clause (a).

(2) At any time after a notice is posted under subsection (1), the electors of the county may petition the county council to conduct a vote on the question of whether the electors of the county are in favour of (

a) the continuation of the county, or (

b) reverting to the form of government existing immediately prior to the formation of the county.

(3) If the county council receives a petition under subsection (2) signed by electors of the county making up not less than 5% of the population of the county, it shall (

a) notify the Minister of the receipt of the petUion by the county councd, and (

b) conduct a vote to determine the question.

(4) For the purposes of subsection (3), the population of a county shall be derived from (

a) the last census taken by the county between Aprd 1 and June 30 in any year, or (

b) the latest population census taken under the Statistics Act (Can ada), whichever census is the more recent.

(5) If a vote is held under this section, the reversion to the previous form of government shad not be proceeded with unless the reversion is approved of by a majority of the electors who voted on the question.

(6) The Lieutenant Governor in Councd shad make those regulations and orders and do ad things necessary to give effect to the decision of the electors as determined by the vote. 4 Consequential to

section 2 of this Bill.

Section 10 presently reads: 10 At an election for members of the county councd the method of elec tion, the eligibility of persons to vote, the preparation of the list of electors and ad other matters connected with the election shad be governed by the provisions of the Local Authorities Election Act in so far as they are ap plicable. 5

Section 13(2) presently reads:

(2) The reeve is the chief executive officer of the county and ad the rights, duties, privileges and powers of the reeve of a municipality and the chair man of the board of trustees of a school division are vested in him. 6

Section 14 presently reads: 14 Subject to this Act, the county councd has and shall exercise ad the rights, powers, privileges, duties and functions conferred on (

a) a councd by the Municipal Government Act and the Local Au- thorhies Election Act in respect of municipal matters, and (

b) a board of trustees of a school division by the School .Act in respect of school matters. Explanatory Notes

Section 15 is repealed and the following is substituted: 15(1) The council shall by by-law appoint and describe the duties of (

a) a county secretary, in whom are vested all the rights, du ties, privileges and powers of the municipal secretary of a municipal district and the secretary of a school division, (

b) a county treasurer, in whom are vested all the rights, du ties, privileges and powers of the municipal treasurer of a municipal district and the treasurer of a school division, and (

c) any other officials required to assist the county secretary and the county treasurer in carrying out the duties of a sec retary and a treasurer as described in the Municipal Govern ment Act and the School Act.

(2) The council may by by-law provide that the offices of the county secretary and the county treasurer be combined into 1 office to be designated county administrator.

(3) A person appointed as county administrator has all the rights, duties, privileges and powers of a county secretary and a county treasurer.

(4) The council shall appoint a county auditor, who shall have all the rights, duties, privileges and powers of an auditor under the Municipal Government Act and the School Act. 8 Sections 16 and 17 are repealed and the following is substituted: 16(1) A county council may, at its organizational meeting, ap point a municipal committee, which shall consist only of not fewer than 3 members of the council.

(2) The municipal committee has and shall exercise and perform on behalf of the county the powers and duties the council dele gates to it and may exercise or perform the powers and duties delegated to it in like manner and with the same effect as if the powers and duties were exercised or performed by the council.

(3) Notwithstanding subsection (2) the county council may not delegate any of the following powers to a municipal committee: (

a) the power to appoint a secretary, treasurer or auditor; (

b) the power to borrow money; (

c) the power to pass by-laws.

(4) The municipal committee at its first meeting held subsequent to the organizational meeting of the county council in each year shall elect a chairman from among its members.

(5) If a county council does not appoint a municipal committee, a reference in this Act to a municipal committee shall be deemed to be a reference to the county council. 16.1(1) A county council shall appoint the boards and commit tees that the council of a municipal district is required to appoint by any other Act.

Section 15 presently reads: 15 The councd shall appoint (

a) a county secretary in whom all the rights, duties, privileges and powers of the municipal secretary of a municipal district and the sec retary of a school division are vested, and (

b) any other officials required to assist the county secretary and to provide for the efficient conduct of the business of the county council and its committees. 8 Sections 16 and 17 presently read: 16(1) The county councd shad, at its organizational meeting in each year appoint a municipal committee that shall consist of not less than 3 mem bers of the council, one of whom shall be designated as the committee chairman.

(1.1) A county councd may appoint an agricultural committee under the Agricultural Service Board Act.

(2) In addhion to the municipal committee a county councd may appoint other committees as it considers necessary. 17(1) The county shall, at Us organizational meeting in each year estab lish a board of education consisting of (

a) not less than 3 members of the county council, and (

b) the school representatives appointed from educational units in ac cordance with

section 18 or sections 19, 20 and 21, as the sase tnav be

(1.1) A person elected in a by-election to fid a vacancy in the office of school representative shall be appointed to the board of education by the county council at its next meeting following the by-election.

(2) The number of school representatives appointed to the board of edu cation shall not exceed the number of electoral divisions that exist within the county.

(3) Notwithstanding anything in this or any other .-let. a person who is an elector of a school district that is not included in the county for school purposes is not eligible to be a member of the board of education. ExplanatorN Notes

(2) A county council may appoint and describe the terms of ref erence of any additional board or committee that it considers necessary, composed of members of the council or other persons, or both. 17(1) The county council shall, at its organizational meeting in each year, establish a board of education consisting only of (

a) not fewer than 3 members of the county council ap pointed by the council at its organizational meeting, and (

b) the school representatives elected from educational units in accordance with this Act or appointed pursuant to

section 18.

(2) Notwithstanding anything in this or any other Act, a coun- ciUor who (

a) is an elector of a school district that is not included in the county for school purposes, or (

b) is not qualified to be a member of a board of trustees under the School Act is not eligible to be a member of the board of education.

(3) The board of education at its first meeting held subsequent to the organizational meeting of the county council in each year shall elect a chairman from among its members. 9

Section 18 is amended (

a) in subsections (2) and (3) by striking out "or 20 if an election were held under those sections" and substituting "if an election were held under that section"; (

b) in subsection (5) by striking out "or 20, as the case may be". 10

Section 19 is amended (

a) in subsection (l)(

a) by striking out "greater than 1000 persons but"; (

b) by repealing subsection (2) and substituting the following:

(2) Notwithstanding this or any other Act, the resident elec tors of a summer village that is not an educational unit who would otherwise be eligible to vote in the election of a school representative are eligible to vote at the election for the county councillor for the electoral division within which the summer village is located.

(4) The board of education at its first meeting held subsequent to the organizational meeting of the county council shall elect a chairman from among its members.

(5) The county council shall, not less than 30 days prior to nomination day for the next general election, determine the number of school repre sentatives to be elected in respect of each educational unit and on making that determination the county secretary shad notify (

a) the council of a city, town or village, if that city, town or village is an educational unit, of the number of school representatives which the electors of that educational unit are entitled to elect, and (

b) the Minister of Education, if the educational unit is one referred to in

section 26, of the number of school representatives which the electors of that educational unit are entitled to elect. 9

Section 18(2), (3) and (5) presently read:

(2) The councd of each city, town and village referred to in subsection (l)(

a) shad appoint as many school representatives as the electors of that city, town or village would be entitled to elect under

section 19 or 20 if an election were held under those sections.

(3) The Minister of Education shad, with respect to the school districts or parts of them referred to in subsection (l)(b), appoint as many school representatives as the electors of that educational unit would be entitled to elect under

section 19 or 20 if an election were held under those sections.

(5) The school representatives appointed under subsections (2) and (3) shall be appointed by the county council to the board of education in the same manner as if they had been elected under

section 19 or 20, as the case tnay be. 10

Section 19 presently reads: 19(1) The electors of an educational unU tnay elect (

a) one school representative if the population of the educational unit is greater than WOO persons but not greater than 2000 persons; (b) 2 school representatives if the population of the educational unit is greater than 2000 persons but not greater than 4000 persons; (c) 3 school representatives if the population of the educational unit is greater than 4000 persons.

(2) Subject to

section 21, the county council shall appoint the school rep resentatives elected under this

section to the board of education. Explanatory Notes

11 Sections 20, 21 and 22 are repealed.

11 Sections 20, 21 and 22 presently read: 20(1) If an educational unit has a population of WOO persons or less, the electors of the educational unit may elect one school representative.

(2) The county council shall appoint the school representatives elected under this

section to the positions on the board of education that (

a) are eligible to be filled by school representatives, and (

b) remain vacant following the appointments to the board of educa tion under

section 19.

(3) Notwithstanding

section 19, if (

a) one or more school representatives are elected under subsection (1), and (

b) the number of school representatives elected under

section 19(1) is equal to or greater than the number of electoral divisions in the county, the number of positions on the board of education that may be filled by school representatives elected under

section 19 shall be decreased to one less than the number of electoral divisions in the county and the county councd shall appoint to that vacant position on the board of education a school representative elected under subsection (1).

(4) If the number of school representatives elected under subsection (1) exceeds the number of positions on the board of education that may be filled by those school representatives under subsection (2) or (3), the county councd shall meet with those school representatives at the organizational meeting of the county council and determine a system of rotation that will permh those positions on the board of education to be filled.

(5) When a system of rotation is determined under subsection (4), the county councd shad appoint school representatives elected under subsection (1) to the board of education in accordance with that system of rotation. 21(1) If the number of school representatives elected under

section 19(1) is greater than the number of positions on the board of education to which those school representatives tnay be appointed, the county councd shad meet with those school representatives at the organizational meeting of the county councd and determine a system of rotation that wdl permit those positions on the board of education to be filled.

(2) When a system of rotation is determined under subsection (1), the county councd shad appoint school representatives elected under

section 19(1) to the board of education in accordance with the system of rotation. 22(1) For the purposes of this Act, the population of an educational unit shad be determined by deducting the number of separate school supporters in the educational unit from the population of the educational unit that is derived from (

a) the last census taken in respect of that educational umt between April 1 and June 30 in any year, or (

b) the latest population census under the Statistics .Act (Canada), whichever census is the more recent.

(2) Not less than 45 days before nomination day for the election of school representatives, (

a) the council of the city, town or village, if the city town or village is an educational unit, and (

b) the Minister of Education, if the educational umt is one referred to in

section 26, shall advise the county council of the population of the educational unit. Explanatory Notes

Section 24 is repealed and the following is substituted: 24 If the office of school representative becomes vacant before the term of office expires, the elected authority of the educational unit (

a) shall hold a by-election if the remaining portion of the term of office is more than 18 months, and (

b) may hold a by-election if the remaining portion of the term of office is 18 months or less, except that a by-election shall not be held if the population of the educational unit is no longer sufficient to permit the electors of the educational unit to elect a person to that office. 13 Sections 28, 29 and 30 are repealed and the following is substi tuted: 28(1) A person who is elected as a school representative is a member of the board of education and has the same rights, du ties, privileges and powers as do the members of the county coun cil who are appointed to the board of education.

(2) If, pursuant to the Municipal Government Act, the county has a pension plan for the members of the council, the members of the board of education who are school representatives are eligible to participate in the plan.

(3) In addition to the duties prescribed in subsection (1), a school representative shall make a report on the activities of the board of education at the annual meeting of the educational unit if one is held in any year. 29(1) The board of education shall estabhsh the remuneration and expenses payable by it to a member for service on the board of education.

(2) The rates established under subsection (1) are the rates pay able to members of the county council and to school representa tives for service on the board of education.

(3) When pursuant to

section 33 a school representative is at tending a meeting of the county council, that person shall be paid remuneration and expenses at the rates established by the council for service as a member of the council. 30(1) A board of education has and shaU exercise and perform on behalf of the county all the powers and duties that are con ferred on or exercised or performed by a board of trustees under the School Act and may exercise or perform its powers and duties in hke manner and with the same effect as if the powers and duties were exercised or performed by the county council.

(2) Notwithstanding subsection (1), the board of education does not have any of the following powers: (

a) the power to appoint a secretary, treasurer or auditor; (

b) the power to borrow money; (

c) the power to pass by-laws.

Section 24 presently reads: 24 If the office of school representative of an educational unit becomes vacant before the term of office expires, a by-election shall not be held to fid the office if according to the more recent census determined under

section 22(1), the population of the educational unit is no longer sufficient to permit the electors of the educational unit to elect a person to that office. 13 Sections 28, 29 and 30 presently read: 28 A school representative sitting on the board of education has the same rights, privileges and powers and shad receive the same remuneration and expenses for attendance at meetings of the board of education as do the members of the county councd who sit on the board of education. 29 When a school representative who is not sitting on the board of edu cation attends a meeting of the board of education, (

a) the council of the city, town or village, if that city, town or village is the educational unit, or (

b) the Minister if the educational umt is one referred to in

section 26, may pay to that school representative an allowance and reasonable trav elling and subsistence expenses in respect of his attendance at that meet ing 30(1) The municipal committee and the board of education have and shad exercise and perform on behalf of the county ad the powers and duties that are conferred on or exercised by a councd or a board of trustees under the Municipal Government Act or the School Act respectively, except the power (

a) to borrow money, or (

b) to pass a by-law.

(2) The municipal committee and the board of education may each exer cise or perform its powers and duties in like manner and with the same effect as if the powers were exercised or the duties were performed by the county councd.

(3) Subject to subsection (1), the chairman of the municipal committee and the chairman of the board of education may each exercise or perform the rights, duties, privileges and powers of the reeve of a municipality or the chairman of the board of trustees of a school division, as the case may be, in like manner and with the same effect as if they were exercised or performed by the reeve of the county councd. Explanatory Notes

(3) The chairman of the board of education has all the rights, duties, privileges and powers of the chairman of the board of trustees of a school division with respect to matters that are within the jurisdiction of the board of education pursuant to this Act. 14

Section 42 is repealed and the following is substituted: 42(1) On the request of the county council and (

a) the board of education, or (

b) a 2/3 majority of the elected authorities for the educa tional units in the county, the Minister may make regulations (

c) prescribing a system of representation on the board of education of a county that is not provided for in this Act or that is a modification of the system under this Act; (

d) with respect to a system prescribed by regulations under this subsection, providing for anything not provided for or insufficiently provided for in this or any other Act.

(2) A regulation made under subsection (1) applies notwithstand ing anything in this or any other Act.

(3) The Minister may make regulations prescribing forms to be used for any purpose under this Act. 15 The system of representation on a county board of education pro vided for in the County Act as it read immediately before the coming into force of this Act continues in effect until the organizational meet ing of the board of education following the 1986 general election under the Local Authorities Election Act.

Section 42 presently reads: 42 The Lieutenant Governor in Council may make regulations and or ders, not inconsistent with this Act, as he considers necessary for the proper carrying out of the Act's purposes and, without restricting the generality of the foregoing may make regulations prescribing forms for the purposes of this Act. 15 Transitional. Explanatory Notes Title: 1986 (21st, 1st) Bill 53, County Amendment Act, 1986

Document details

Collection	Alberta — Bills
Citation	L21 S1 3239
Type	bill
Volume / chapter	L21 S1 3239
Language	en
Format	json
Source	PROVINCIAL
Identifier	bd66f619b22887266ab7e7e8cffa2eb981714185

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