Bill 91 (Legislature 11, Session 4)

L11 S4 7002

Alberta — Bills

Bill No. 91 of 1951. A BILL TO AMEND THE TOWN AND RURAL PLANNING ACT. NOTE. This Bill amends The Town and Rural Planning Act, being 'Chapter 169 of the Revised Statutes 'Of Alberta,

Section 2 is amended by striking out clause (if) and by substituting a new definition of the term "official scheme". The meaning of official scheme is extended so that as well as publi,c improvements it will include improvements made jointly by the municipal authorities and private enterprises.

Section 6 is struck out and a new

section is substituted. The effect ,of the amendment is to prohibit the construction of any object, other than a fence, either above or below the ground, nearer to the highway than the building line established under the Act. Secti'On 12, clauses (g), (

h) and (i), s,ections 13 to 16, in clusive,

section 17, subsection (1), sections 18 to 21, in -elusive, and sections 29 to 34, inclusive, are amended by adding the word "official" before the word "s'Cheme". These amendments are necessary because of the effect of the 1950 amendment changing the word "official" to the word "general".

Section 12a is amended to clarify the position of any municipal authority administering its territory under an interim development order and to make certain that the sections of the Act applying to zoning by-laws likewise apply to by-laws ena'cted under authority of an interim development order.

Section 16 is amended by the addition of a new subsection (4) which provides tha.t where a District Planning Com mission has prepared a general plan or offidal scheme for adoption by several municipalities, instead of each munici pality being required to advertise its intention to adopt the plan, the Distri'Ct Planning Commission will advertise the intended adoption and hear objections on behalf of all the municipalities, after which the Commission will report to the municipalities concerned.

Section 21 is amended. The amended

section enables a local authority to expropriate lands required for an official project. The local authority already has power to ex-

ii propriate neighboring lands which may be injuriously affected and lands which, if not controlled, might prejudice the success of the project. Provision is also made in sub section (2) for compensation of the ownerS of land so taken.

Section 31 is struck out and repla,ced by a new section. The existing

section provides that a zoning by-law shall be deemed not to injuriously affect property. In addition toO this, the new

section provides that a by-law passed pursuant to

section 12a and an interim development order shall likewise be deemed not to injuriously affect property. This Bill comes into force on the 1st day of July, 1951. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any pa,rt of the Bill but is offered in explanation of its provisions.)

BILL No. 91 of 1951.

An Act to amend The Town and Rural Planning Act. (Assented to , 1951.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Town and Rural Planning Act, being

chapter 169 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 2 is amended by striking out clause (ff) and se('ti°dn i by substituting the following: amen ('( "(ff) 'official scheme' means a plan or scheme for the '·official ... scheme" specIfic development of any particular part of a municipality in a manner consistent with the gen eral plan, if any;".

Section 6 is struck out and the following is sub-

Section 6 stituted:· amended "6. No person shall construct or place nearer to a high- Obse~v3;nce way than the building line established under this Act any ~~~Ulldmg building, erection, structure, storage tank, gasoline pump, billboard, lumber or other

article or object other than a fence, whether above or below the ground, unless,- "(

a) plans, designs and specifications therefor have been previously approved by the Board; and " (

b) the construction or placement is completed in ac cordance with the plans, designs and specifica tions.".

Section 12, clauses (g), (

h) and (i), is amended by

Section 1~ adding immediately before the word "scheme", wherever amended it occurs, the word "official". -

Section 12a is amended,- SeCtiodn d12a " • amen e (

a) by adding immediately after the words exerCIse control", where they occur in subsection (2), the words "by by-law"; (

b) by adding immediately after subsection (3) the following new subsection: "

(4) The provisions of this Act with respect to the ena'ctment, application, amendment and en forcement of a zoning by-law shall apply to any by-law passed pursuant to this section, the neces sary changes being made."

~ections 13, 14 and 15 amended SectionlG amendE-d District Planning Co;nmission to hear ohjeC'tiolls

Section 1 'j amendea Sections IS, 19 and 20 amended

Section 21 amended Compensa tion for lands taken 2 G. Sections 13, 14 and 15 are amended by adding im mediately before the word "scheme", wherever it occurs, the word "official".

Section 16 is amended,- (

a) by adding immediately before the word "scheme", wherever it occurs, the word "official"; (

b) by adding immediately after subsection (3) the following new subsection: " ( 4) Where a general plan or official s'cheme has been prepared by a District Planning Commis sion, the Commission, on behalf of the municipal ities concerned, shall,- " (

a) do everything required by this

section t0' be d0'ne by a municipality; and " (

b) submit t0' the c0'uncils 0'f the municipalities c0'n~erned all written 0'bjecti0'ns received, to' gether with the recommendati0'ns 0'f the C0'm missi0'n with respect thereto.".

Section 17, subsection (1) is amended by adding im mediately before the word "scheme" the w0'rd "official". 9. Sections 18, 19 and 20 are amended by adding immedi ately before the word "scheme", wherever it occurs, the word "official".

Section 21 is amended,- (

a) by adding immediately bef0're the word "Hcheme", where it occurs in subsection (1), the w0'rd "0'f fi,cial" ; (

b) by striking out the words "in addition to", where they occur in subsection (1), and by substituting the words "acquire, 'by expropriati0'n or 0'ther wise," ; (

c) by striking out the word "acquire", where it occurs in subsection (1) immediately after the w0'rd "project", and by substituting the words "and any"; (

d) by striking out subsecti0'n (2) and by substituting the following: "

(2) When any land is acquired under the authority of subsection (1), the owner of the land shall have the same right to compensati0'n theref0'r as he would have if the land were being acquired f0'r public purposes by the municipality under the pr0' visi0'ns 0'f the municipal Act by which it is gov erned, and in acquiring the land and undertaking any necessary arbitration proceedings, the council shall pr0'ceed in the manner which is prescribed in the municipal A'ct for the acquisition of land f0'r public purposes.";

3 (

e) by striking out the word "additional" where it occurs in subsection (5). 11. Sections 29 and 30 are amended by adding im- Sections 29 " and 30 mediately 'before the word "scheme", wherever It occurs, amended the word "official". 12,.

Section 31 is amended,- ~~~:lo;~Jl (

a) by striking out subsection (1) and by substituting the following: "31.

(1) Property shall not be deemed to be Property not injuriously affected by reason of the passing or deemed making, pursuant to this Act, of,- injuriously affected "(

a) a zoning by-law; " (

b) a by-law passed pursuant to

section 12a; " (

c) an interim development order"" ; (

b) by adding immediately before the word "s>cheme", where it occurs in subsection (2), the word "official" . 13. Sections 32, 33 and 34 are amended by adding im- Sections 32, " I f th d" h " h "t 33 and 34 medIate y be ore e wor sc erne , w erever I occurs, amended the word "official". 14. This Act shall come into force on the first day of ~Otmifng In 0 orce July, 1951.

No. 91. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act to amend The Town and Rural Planning Act. Received and read the First time .... Second time ..................................... . Third time ............... . HON. MR. GERHART. Title: 1951 (11th, 4th) Bill 91,

An Act to amend The Town and Rural Planning Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 7002
Type	bill
Volume / chapter	L11 S4 7002
Language	en
Format	json
Source	PROVINCIAL
Identifier	be6f532172ea22f5497a14f808b3ff3ddeefb040

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