Bill 40 (Legislature 15, Session 2)

L15 S2 1479

Alberta — Bills

No. 40 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 4'0 A Bin to amend The Municipal District ACJt HON. MR. HOOKE Printed by L. S. WALL, Printer to the Queen's Most Excellent Majes'tY, Edmonton, Alberta, 1965

Explanatory Note I. The Municipal District Act (chapter 215 of the Revised Statutes) is amended by this Bill.

Section 5, subsection (1) presently reads: 5.

(1) Where a thing to be done within a number of days or at a time fixed by or under this Act cannot be or is not so done, the Minister by order, may appoint a further or other time for doing it, whether the time at or within which it ought to have been done has or has not arrived or expired, as the case may be.

Section 55 is revised to permit the council to determine the rates of pay and mileage to be made to councillors for attendance at meetings, supervision, etc. and to determine the limits, if any, as to the number of days and miles to be paid for.

BILL No. 40 IQf 1965

An Act to amend The Municipal District Act (Assented to , 1965) .HER MAJESTY, by and with the advice and cons,ent of the Legislative Assembly of the Province of Alberta enacts as follows: ' 1. This Act amends The Municipal District Act.

Section 5, sUbsection (1) is amended by adding after the words "Where a thing to be done" the words "by a council or an official Dr employee of a municipall district".

Section 5;5 is struck out and the following is sub stituted : 55.

(1) The council may pass a resollution for paying the members 'Of the council a per diem or annual sum for each councillor attending meetings of the council and mileage for every mile necessarily tra.velled incoming to and returning from meetings of the council.

(2) T'he council may pass a resDlutiDn for paying mem bers of the council (

a) a su!bsistence allowance for each full day spent in attendance at meetings, 'Or (

b) mileage for every mile necessarily travelled each day incoming to and returning frDm the meeting of the council, whenever a meeting of the council clOntinues for mDre than one day.

(3) The council may pass a resolution for paying the reeve a per diem sum for each day necessarHy spent in the discharge IOf his duties as reeve, other than attendance .at council meetings and mileage fDr every mile necessarIly travelled in the discharge of his duties as reeve.

(4) A council ,may pass a resolution for paying the mem bers thereof mileage for every mile necessarily travelled in, and a per diem sum for the time necessarily occupied in laying out or inspecting work performed or to be performed for the benefit of the municipal district.

Section 61, subsection (1), clauses (

p) and (

s) presently read: 61.

(1) The secretary-treasurer (

p) shall deposit to the credit of the municipal district daily, or as often as the council directs, in a treasury branch or chartered bank designated by the council, all moneys received by him, (

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

Section 96, subsection (6) presently reads:

(6) Prior to the thirty-first day of December in each year the council ,Slhall provide for holding an annual meeting upon the first Sa turday in l\Iarch in the next following year for the discussion of municipaI affairs, which shall commence not earlier than ten o'clock in the forenoon nor later than one o'clock in the afternoon.

(5) The work so performed or to be performed shall be autho~ized by a resolution of the council,except where the work IS, o~ an urgent nature in which case the payment of the councIllors' fees for laying out and inspecting the work shall be in the discretion of the council.

(6) A report setting forth the work performed by the members of the council and the remuneration received therefor under the provisions of this

section shall be pre pared and submitted to the electors of the municipal district at the next annual meeting and a copy of the report shall be incorporated in the auditor's financial statement.

(7) The council of a municipal district, in place of in specting and laying out work i,tself, may appoint a competent foreman or engineer to do so.

(8) The council may pass a reS'olution for paying the members of the council who are members of a committee appointed by resolution of the council to attend to matters affecting the municipal district, :the necessary expenses in curred in attending to such matters and a per diem sum for each day during which the member is necessarily engaged in attending to such matters.

(9) The council ma.y pass a resolution for paying a coun cillor or an officer or employee of the council appointed a delegate by resolution of the council to attend a convention or conference, reasonable expenses incurred and a per diem sum for each day during which the councillor, officer or employee is necessarily absent from his place of residence.

(10) The council may pass a resolution for paying a mem ber or members of the council who are appointed to repre sent the municipal district at a meeting or meetings of the board of trustees of a school division or divisions, a per diem sum for each councillor for ,each such meeting and mileage for every mile necessarily travelled in coming to and re turning from such meeting.

Section 61, subsection (1) is amended (

a) as to clause (

p) by adding after the words "char tered bank" the words "or other similar institu tion", (

b) as to clause (

s) by adding after the words "char tered bank" the words "or other similar institution".

Section 96, subsection (6) is amended by striking out the words ", which shall commence not earlier than ten o'clock in the forenoon nor later than one o'clock in the afternoon" . 2

Section 102, subsections (1) and (3) presently read: 102.

(1) At an hour not earlier than ten o'clock in the forenoon nor later than one o'clo·ck in the a-fternoon the reeve or secretary treasurer shall declare the annual meeting open and shaH hold an election of a chairman who shall conduct the discussion of municipa;l affairs.

(3) Prior to the hour of three o'clock in the afternoon the reeve shall cause to. be read to the meeting the latest municipal inspector's report o.n the affairs of the municipal district.

Section 104 reads: 104. On the day fixed for nomination at a first or special election the returning o.fficer shall receive nominations from three o'clock to fo.ur o'clo.ck in tJhe afterno.o.n. The

section is repealed as an unnecessary duplication of

section 103.

Section 106 presently reads: 106. At the hour of four o.'clock In the afternoon, in the case of eMh electoral division with respect toO which not mo.re than one person has been nominated, the returning officer (

a) shall declare duly elected as councillor tJhe !person nominated in respect of such division, and (

b) shall send to the secretary-treasurer, If any, a signed statement giving the full name and address of the councillor declAred elected. The amendment is similar to provisions presently in The City Act and The Town and Village Act. 9. A reference to a repealed

section is removed.

Section 251, subsection (1) presently reads in part: 251.

(1) When it is pro.Posed by by-lruw that an expend.iture or a liability be made or incurred under

section 248, 249, or 250 and the expenditure or assumption of a liability under any of these sections is to. be in excess of ten thousand dollars or five mills on the net total assessment of land, buildings and improvements. of the munIcipal dis trict, whichever is the greater, then before the by-law is finally voted on by the council,

Section 294, subsection (9) presently reads:

(9) A member of the council and the secretary-treasurer of the cO'uncU may .sign and issue any of the written orders mentioned in this

section on behalf of the counci'l of which he is a member or by which he is employed. II.

Section 297, subs'ection (5) presently reads: ,

(5) If the by-law is. approved by the Board it shall be.fore it is fma~ly passed be sub-nutted to ,a vote of the proprietary electors ~d receIve the approval of two-thIrds of the !proprietary electors voUng thereon, and the provisions of

Part V apply to the taking o·f the vote. Th~ ~me~dment would result in a v?te being required only when a petItIon SIgned by 10% of the propnetary electors is received. 3

Section 102 is amended (

a) as to subsection (1) by striking out the words "At an hour not earlier than ten o'clock in the forenoon nor later than one o'clock in the afternoon the" and by substituting the word "The", (

b) as to subsection (3) by striking out the words "Prior to the hour of three o'clock in the afternoon the" and by substituting the word "The". '1.

Section 104 is repealed. 8. ISection 106 is amended by renumibering the

section as subsection (1) and by adding the following subsections:

(2) When the number of persons nominated for an office is less than the required number for any electoral division, the meeting shall stand adjourned to the next day at the same place at the hour of three o'clock in the afternoon and the adjourned meeting shall remain open until four o'clock in the afternoon for the purpose of receiving further nomi nations for the office in respect of that electoral division for which the requisite number of nominations have not been received.

(3) So long as the number of persons nominated for an office in any electoral division are less than the required number, the meeting shall be adjourned from day to day at the same place and hour and each adjourned meeting shall remain open until four o'clock in the afternoon.

Section 2:51,subsection (1) is amended by striking out the words ", 249, or 250" and by substituting the words "or 249".

Section 294 is amended by striking out subsection (9) and by substituting the following:

(9) Any person appointed hy the council to do so, may sign and issue any of the written orders mentioned in this section, on behalf of the council.

Section 297 is amended by striking o,ut subsection (5) and by subSltituting the following:

(5) If the by-law is approved by the Board it shall be proceeded with in the same manner as set out in

section 251, except that the ten thousand dollar or five mil'llimit referred to in subsection (1) of

section 251 does not apply. 3

Section 323a, subsection (3) presently reads: (3) ,Vhere the council of a municipal district has passed a by-law for the licensing of mobile homes, then as soon as a mo,biJe home is used as a residence ·in the municipal district the full amount o.f the licence fee for that portion of the licensing year then unexpired there upon be-comes due and paya,ble unless the municipal district and the owner o.f themobiJe home have entered into an agree.ment where1by the licence· fee is made payable on a monthly basis.

Section 326 presently reads: 326. A counc.il may pass by-laws (

a) for taking the census of the m.unicipal district or a part thereof, (

b) provid·ing for the planting and protection of trees on highways and for the e.mbeUishment of cemeteries and other public places, (

c) establishing and maintaining public scales within the muniC'ipal district or within a town or village situate wholly or partly within the boundaries of tlhe municipal district or adjacent thereto for weighing or measuring anything sold by weight or measure ment, and (

d) imposing pena1iies for light weight and short measurement.

Section 326a reads: 326a. A council may by by-law provide authority for the council to enter into agreements with farmers' organizations providing for the collection of dues on a voluntary basis by the municipal district from members of bhe organizations on such terms as the council may dee·m necessary and for the remittance of the net amount so collected to the organizations.

Section 326c presently reads: 326c. The council by by-~aw may provide for the taking of a plebiscite of the electors or of the proprietary electors upon any matter, question or thing.

Section 331, subsection (1) reads in part as follows: 331.

(1) The council shall, as soon as practicable in each year, pre pare a detailed estimate in the prescdbed form of the probahle expenditures of the municipal district for the year, and the estimate shall include the following: Subsections (4) and (7) presently read:

(4) The council shall, by by-law, authorize the secretary-treasurer to levy upon the assessed value of all assessed property shown on the assessment roll, a tax at such uniform rate on the dollar as the council deems sufficient to produce the amount of the expenditures as are estimated by the ·council or as are annually requisitioned upon the council, to prodUce the sums necessary to meet (

a) debenture instalments, interest or sinking fund payments falling due during the year, (

b) ordinary municipal expenses, (

c) the requisition by the board of any school division or school district, (

d) the requisition by the board of any hospital district, (

e) the requisition of the Province pursuant to The A'lberta Hospitals Act, (0 the requisition of the Province pursuant to The School Act, and

Section 32~3a is amended (

a) as to subseCltion (3) by striking out the words "on a monthly basis" and by substituting the· words "by instalments in advance", (

b) by adding the following subsection after subs1ection (5) : (5a) A licence shall not be required in respect of a mlObile home while it is occupied as a residence on farm lands by a bona fide farmer.

Section 326 is struck out and the following is sub- sUtuted: . 326. A council may authorize (

a) the taking of a census of the municipal district or a part thereof, (

b) the planting and protection of trees on highways and the embellishment 'Of cemeterie,s and other public places, and (

c) the establishment and maintenance of public scales within the municipal district or within a. town or village situated wholly or partly within the bound aries. of the municipal district or adjacent .thereto for w1eighing or measuring anything sold by weight or measurement.

Section 326a is. repe~led.

Section 326c is amended by striking out the words "by by-law". 4

Section 381 is amended (

a) as to subsection ( 4) by adding after the words "The council shall" the words "in every year", (

b) as to subsection (7) by adding after the words "the council shaH" the words "in every year".

(

g) any other sums for which the municipal district may become liable t0' pay by virtue 0'f the pr0'visi0'ns of a.ny statute of the Province.

(7) When a by-law has been passed providing f0'r a business tax in accordance with The Assessment Act. 1960, the council ,shall by by-iaw a.uth0'rize the secreta.ry-treasurer to levy a business tax at such unif0'rm rate on the dollar as the C0'uncil deems sufficient, but in no case shall the rate be greater than the combined rates levied 0'n the assessed value of the land forming the site 0'f the business.

Section 429, subsections (1), (2) and (3) presently read: 429. (1.) The council may pass a by-law for the pUJ'll>OS6 of entering into an agreement with any person f0'r the provision 0'f weather modi fication services to the municipal district 0'r to a part or parts of the municipal distri-ct.

(2) No agreement made pursuant to .subsecti0'n (1) is operative until the by-law authorizing the agreement bas received the assent of two-thirds of the proprietary elect0'rs CYf the municipal distriot 0'r part thereof voting thereon in the manner 'Pr0'vided in

Part V.

(3) The expenses incurred under the agreement pursuant to sub se-ction (1) shall be met by the levy and collection of a mm rate tax upon the physical land liable t0' assessment and taxation in that pa.rt or parts of the municipal district covered by the agreement. 18. The month of the annual meeting has been changed to March and the form of notice is amended accordingly. 19.

The alternative part of the oath for the purpose of getting on the list of electors reads: or You do swear (or solemnly affirm) that you are a Canadian citizen or a British subject, that you are of the full age 0'f twentY-0'ne years, and that you have resided in DIvision N0' ............. in the Municipal District of .................... f0'r a C0'ntinuous period 0'f six months immediately preceding the first Saturday in November, 19 ..•• f a.nd that y0'U now reside in said divLsion. 20. Item 7 of Form 17 presently reads: 7. That you are a Canadian citizen.

The form is amended to conform to the other provisions of the Act. 21. Commencement of Act. 5

Section 429 is amended (

a) by striking 'Out subsectiQn (1) and by substituting the following: 429.

(1) The council may pass a by-law :for the purpQse of entering intD an agreement with any perSDn fDr the prDvisiDn 'Of weather modification services tD the whDle 'Of the municipal district. (

b) as tD subsectiDn (2) by striking out the words "Dr part there 'Of" , (

c) as tD subsectiDn (3) by striking 'Out the wDrds "that part or parts 'Of the municipal district covered by the agreement" and by substituting the wDrds "the municipal district". 18. F'Orm 1 in

Schedule A is amended by striking 'Out the wDrd "February" and by substituting the wDrd "March". 19. FDrm 16 in

Schedule A is amended by adding after the wDrds "in said divisiDn" in the alternative part of the fDrm the wDrds t'and that I am not 'Otherwise disqualified frDm vDting". 20. FDrm 17 in

Schedule A is amended as tD item 7 by adding at the end thereDf the words "Dr a British subject" . 21. This Act CDmes into force 'On :the day upDn which it is assented tD. 5

No. 40 SECOND SESSION FIFTEENTH LEGISLATURE 13 E'LIZABETiH II 1965 BILL

An Act to amend The Municipal District Act Received and read the First time .................. .. Second time ................... .. Third time. RON. MR. ROOKE Title: 1965 (15th, 2nd) Bill 40,

An Act to amend The Municipal District Act

Document details

Collection	Alberta — Bills
Citation	L15 S2 1479
Type	bill
Volume / chapter	L15 S2 1479
Language	en
Format	json
Source	PROVINCIAL
Identifier	c26940be5c5d28c8aa9cd86a5d158759ccd68a20

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