Bill No. 88 of 1953 A BILL TO AMEND THE MUNICIPAL DISTRICT ACT NOTE This Bill amends The Municipal District Act, being chap­ ter 151 of the Revised Statutes of Alberta, 1942. Sections 97a, 99, 100, 102 and 103 are amended. The purpose of these amendments is to remove an ambiguity in the Act. The Act provides for the placing of the poll book with the other material in the ballot box and the sealing of the ballot box. Eventually the ballot box reaches the secretary-treasurer who is not permitted to open it, yet an elector is entitled to scrutinize the poll book.

The amend­ ments remove the amhiguity by requiring only the ballot papers to be placed in the sealed ballot box; the poll book and O'ther documents are separately sealed.

Section 191 is amended. The new

section deals with the matter of a cO'mplaint respecting the drainage of highways constructed or ,maintained by the municipality. The

section previously required that the complaint be made to the Minister, and after an investigation the Minister could order the cO'uncil to take remedial action. No action could be brO'ught by a complainant unless he complained to the Minister and the' council failed to comply with the Min­ isterial order. The

section now provides for a means of bringing the complaint in the first instance to the council, appealing therefrom to' the Minister who will then cause an investigation to be made and who may O'rder the council to remedy the situation giving rise to the ,complaint, <;>r where indicated, notify the complainant that no order wIll issue. The complainant is not barred from seeking redre~s in the courts if he complies with the procedure set out In this

section and the council fails to' comply with an order of the Minister, or the Minister refrains from making an order.

Section 200 is amended to extend the limitation on ex­ penditures which may be undertaken by the council without being compelled to submit the matter to a vote of the electors and is made necessary by the increased cost of labour and materials.

Section 219 is aro,ended. The amendment permits a mun­ icipal district to buy machinery on time by giving a note if the indebtedness so inourred does not exceed an amount equal to five mills levied O'n the total assessed value of land, buildings and improvements in the municipality.

Section 227 is amended to permit a municipal distri.ct to regulate the speed of vehicles in the municipal district and repeats the provision relating thereto in The Vehicles and Highway Traffic Act.

Section 252 is amended. The purpose of this amendment is to clarify the situation arising out of the reduced 'rates hospitalization scheme. Where there is a purchaser of property, he only is entitled to the hospital benefits for which the property is taxed; where ownership of land changes after the taxes fO'r the year have been paid the new owner is entitled to the benefits of the hospitalization scheme. Both -results are clarifications of the present pro­ visions. 4lS' ....

Section 279 is amended. The amendment removes the present practice of apportioning rO'ad work expenditures according to electoral divisiO'ns. By this amendment the cO'uncil will determine the road work expenditures without regard to' electoral divisions and in regard to the dist-rict as a whole.

Section 298 is amended. It sets forward one month the date that penalties are impO'sed in order that there will be a month intervening before the tax recO'very notifi,cation list is filed with the Registrar of Land Titles. A person subject to the penalty will have an opportunity of paying the arrears before the notification is filed; previously the penalty began on the same date notification was to be filed.

Section 339 is amended. The amendment prO'vides that all debts contracted and not payable in the current year shall be recO'vered by the issuing of debentures~ In the past it had been the practice of some municipalities to purchase machinery over and beyond their ability to pay within a reasona:ble time and thus incur a debt which was not suf­ ficiently protected and in connection with which the municipality quite often neglected to levy taxes.

The amend­ ment cures this situation and also limits the amount of any such debts to five per ,cent of the assessed value of the land, buildings and imprO'vements in the municipality. This Bill comes into force upon assent. J. W.RYAN, Acting Legislative Counsel. . (:l'his note does not form any part of the Bill but is offered 1,n explanation of its provisions.)

BILL No. 88 of 1953

An Act to amend The Municipal District Act ( Assented to ,1953) HER MAJ~ST"y, by and with the advice and consent of the LegIslatIve Assemlbly 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. 2. The following new

section is added immediately after New

section

section 97: 97a "97 a. The deputy returning officer shall then place all Locking and the packets referred to in

section 97 in the ballot box and ~!tn~gbgi the box shall be locked and sealed with his seal and with the seals of such candidates or agents of candidates as desire to affix their seals.". 3. Sections 99 and 100 are struck out and the following Sections 99 are substituted: :~~nlJ~d "99.

(1) After having entered his certificate in the poll Making :UP book, and before leaving the polling place, the deputy re- ~fdp:~~~rg turning officer shall enclose in separate packets of e1e<?-tion materIal "(

a) the duplicate of the statement entered in the poll book of the number of votes given, " (

b) the voters' list, poll book and declarations. "

(2) The packet containing the voters' list, poll book and declarations shall be sealed with the seal of the deputy returning officer and with the seals of such candidates or agents of candidates as may desire to affix their seals and shall be marked on the outside with " (

a) a short statement of the contents of the pa,cket, " (

b) the date of the election, "(

c) the name of the deputy returning officer, " (

d) the name or number of the polling place, " (

e) the number of the electoral division, "(

f) the name and number of the municipal district. "100. The deputy returning officer of each polling place Deliver}: shall forthwith deliver to the returning officer ~a:~~~~on "(

a) the duplicate of the statement entered in the poll book of the number of votes given, " (

b) the sealed ballot box containing the packets of bal­ lots,

Section 102 amended

Section 103 amended Preservation of election ma.terial

Section 191 amended Flood prevention Lodging of complaint 2 H (

C) the sealed packet containing the voters' list, poll book and declarations, and upon receipt of the same the returning officer shall give the deputy returning officer a 'receipt therefor.".

Section 102 subsection (2) is amended by striking out the words "th~ corrected statement together with all the documents" and by substituting the words "all the packets of hallots".

Section 103 is struck out and the following is sub­ stituted: "103.

(1) Forthwith after declaring the result of the election the returning officer shall deliver to the secretary­ treasurer "(

a) the duplicates Df the statements entered in the.poll bDOk Df the number Df votes given, together with the correction made by the returning officer on the state­ ments, if any, " (

b) the sealed ballot box, " (

c) the sealed packets containing the voters' lists, pDll book and declarations, "(

d) the votes or ballDt papers, if any, which have been cast by the returning officer pursuant to subsection (2) Df

section 101. "

(2) The secretary-treasurer shall preserve the ballot boxes and all papers used in cDnnection with the election and received by him and shall be responsible for their safe­ keeping and fDr their delivery when needed.". 6. SectiDn 191 is struck out and the following is sub­ stituted: "191.

(1) It shall be the duty Df every council "(

a) to make adequate prDvision for the drainage of all highways constructed or maintained by the council, and " (

b) to. make adequate provision for the disposition of any water cDllected in any drainage ditch or other artificial depression created by the cDuncil on Dr contiguous to. the rDad allDwance forming the site of the highway, in such a manner as to' prevent the flDoding of other land. o "" (2) ~p~ person ,:,ho is the owner or oc:cupant of land In the VICInIty of a hIghway constructed or maintained by the council who claims that default has been made by the council in performing a duty imposed upon it by subsection (1) may lodge his complaint before the council. " (3) the complaint "(

a) shall be in writing, and " (

b) shall be forwarded by registered mail to the secretary-treasurer of the municipal district, and

3 " (

c) shall contain a description of the land in respect of which default is claimed, and "(

d) contain a statement of the nature of the alleged de­ fault. "

(4) Upon receipt of the cOomplaint the secretary­ treasurer shall, " (

a) by registered mail, advise the complainant that his complaint has been received and that he may appear befOo~e the Icouncil personally, or through an ac­ credIted agent fOor the pUDpose of speaking in sup­ port of the complaint, and shall advise him as to the time and place of the next meeting of the council, and " (

b) lay the complaint before the council fOor its con­ sidera tion at its next meeting. "

(5) The council shall make or cause to be made by a Inquiry re com·mittee consisting of not less than three members of the complaint council an inquiry as to whether or not there are grounds for the complaint and shall report the results of such in- quiry to. the council and, if there are grounds the council shall determine the measures to be taken to. remedy the same, and shall order the measures to be taken, by a re- solution of the council, a ICOoPy of which shall be forwarded to the cOomplainant by -registered mail. "

(6) The order of the council shall fix a time for com- Time for pletion of the measures to be taken which time shall not ~~~~~~!fj-~ be later than sixty days frOom the date Qf the receipt of the complaint, unless the complainant agrees in writing to a later time, in which case the agreed time shall be fixed. "

(7) If the council considers that there are no grounds Notice that for the com.plaint it shall notify the complainant to that ¥gr ~~o~~r:int effect within thirty days after the meeting at which the complaint was considered. "

(8) An owner or occupier of land who. has com:plied with Objecti0J? the provisions of subsections (2) and (3) may make com- ~~ ~~~~\~~t plaint in writing to. the Minister that default has been made by the council in performing a duty imposed upon it by this section, Or that the decision of the council is unfair and un­ warranted. "

(9) Upon receipt of such complaint the Minister shall ~eferenfe. t refer the same to the Dire·ctor of Water Resources. fo i>~~~t~~n . of Water "

(10) The Director of Water Resources shall make or Resources cause to. be made by such person as he may appoint, an in- quiry into. the complaint and the Director or the person appointed by him shall examine the site of the cO'mplaint and shall have access to the recO'rds of the secretary-treasurer with respect to' all matters concerning the complaint for the purpose Qf his inquiry. "

(11) The Director O'f Water ResQurces shall report to' the Report of Minister w~~;~or of -"(

a) as to whether or not there are grounds for the Resource!!! cQmplaint, and

Right of action

Section 200 amended

Section 219 amended 4 " (

b) if there are grDunds fo.r the co.mplaint, the measures which sho.uld be taken by the 'co.uncil to. remedy any default o.f the co.uncil which has co.ntributed to. the cause o.f the complaint. "

(12) The Minister, in his discretio.n by o.rder, may re­ quire the council to. carry o.ut any such measures as he may deem proper and in the o.rder, in his discretio.n, may fix a time for the cDmpletion thereof. "

(13) No. actio.n shall be brought in respect of any o.mis­ sio.n on the part o.f a co.uncil to. perfo.rm any duty impo.sed UPo.n it by this sectio.n by a perso.n whO' has no.t made a co.m­ plaint in the manner set out in this sectio.n. "

(14) No. actio.n shall be brDught by a perso.n who. has made a co.mplaint in the manner set o.ut in this sectio.n if the co.uncilco.mplies with an order made by the Minister in respect Df the default o.f the council respecting the cause o.f the complaint. "

(15) The Minister, in his discretio.n, may refrain fro.m issuing an o.rder respecting the disPo.sal Df the complaint, in which case he shall nDtify the council and the co.mplainant that no. o.rder will issue and the co.mplainant, UPo.n receipt o.f such no.tificatio.n, is entitled to' bring an actio.n in any court o.f competent jurisdictio.n.". 7. Sectio.n 200 is amended (

a) by striking out the wo.rds "Ten Thousand", where they occur in subsectio.n (1), and by substituting the wDrds "Fifteen Tho.usand" ; (

b) by striking out the words "Ten Thousand", where they occur in subsection (2), and by substituting the wo.rds "Fifteen Thousand". 8. Sectio.n 219 is amended (

a) by renumbering the sectio.n as subsection (1); (

b) by striking out the prDvisD to. subsectio.n (1); (

c) by adding im·mediately after subsectiQn (1) the fo.llo.wing new subsectio.ns: "

(2) No.twithstanding the pro.visio.ns o.f sectio.ns 339 and 341, where a by-law passed under the pro.­ visio.ns of subsectio.n (1) requires that a debt not payable Dut of the revenue o.f the current year be incurred, the by-law need. no.t 'require the issue of debentures nDr the apprQval o.f the proprietary electo.rs if " (

a) the debt does not exceed an amDunt equal to five mills levied o.n the tDtal assessed value of land, buildings and impro.vements in the municipal dis­ trict, and " (

b) the debt is made payable within a period Df not mQre than twO' years. "

(3) No. by-law is necessary for the purposes o.f subsectiQn (1) where the pro.Po.sed expenditure is less than one thDusand dollars.".

Section 227 is struck out and the following is sub-

Section 227 stituted : amended "227. The council of a municipal district, in respect of a Maximum designated highway within the limits of a hamlet within speed limit the municipal district, by by-law, may fix a maximum speed limit of not less than twenty-five miles per hour applicable to all vehicles travelling over a highway or a portion of a highway designated in the by-law.". 1.0.

Section 252 is amended by adding immediately after

Section 2[j~ subsection (4) the following new subsections: amended "

(5) For the purpose of a hospital agreement entered pen?nJ t into under the provisions of this section, where there is an ~~s~iial' 0 owner or owners and a purchaser or purchasers of real benefits property, or of any share or interest therein, the only person or persons entitled to the benefits of the agreement by rea- son of being liable to pay taxes in respect of such real property "(

a) shall be the purchaser or purchasers, if any, en­ titled to the possession of the property or of any share or interest therein, or " (

b) shall be the owner or owners thereof if there is no such purchaser or purchasers. "

(6) Where the assessment and tax roll shows that any real property has been assessed in the name of a person who was the owner or purchaser of the property and that his name has been struck off and 'replaced on the roll by the name of another person who subsequently became the owner or purchaser of the property, " (

a) the person whose name has been struck off the roll shall be deemed not to be the person liable to pay taxes under subclause (

i) of clause (

a) of subsec­ tion (1) in 'respect of that property from the date his name is repla,ced on the roll by the name of an­ other, " (

b) the person whose name has been entered on the roll shall !be deemed to be the person liable to pay taxes under subclause (

i) of clause (

a) of subsection (1) in respect of that property from the date his name is entered on the roll to replace the na.me of the previous owner or purchaser.".

Section 279 is amended ~~ce~~~l79 (

a) by striking out subsection (3) and by substituting the following: "

(3) In determining the work to be undertaken B.asi~ fo~ • dlstnhutlOl1 and the amounts to be expended thereon, the councIl of expendi- shall consider the municipal distri,ct as a single unit, tures and shall not consider electoral divisions as a basis for the distribution of expenditures on public works." ; (

b) by adding immediately after subsection (5) the fol­ lowing new subsections:

Grant of funds Adjustment of accounting records

Section 298 amended

Section 339 amended Debenture by-law Borrowing limited Coming into force 12. (a) (b) 6 " ( 6) NO' grant of funds hy the P.rDvince to' a municipal district to' be expended Dn public wO'rks therein shall be distributed for expenditure Dn the basis Df electO'ral divisiO'ns, hut the funds shall be deposited in the general revenue fund O'f the mun­ icipal district and shall fO'rm a part O'f the funds estimated to' be expended as prO'vided by subsectiO'ns (2) and (3). "

(7) Where in a municipal district allO'catiO'ns O'f public wO'rks expenditures have been made and charged in the municipal aecounting system. aga~nst individual electDral divisiDns, upon the CO'mIng IntO' fDrce of this subsectiDn all such allO'catiO'ns and all such O'ver-expenditures and under-expenditures shall be cancelled from the accounting recO'rds. "

(8) UpO'n the cO'ming intO' fO'l'Ice Df this sub­ sectiDn the allocatiDn O'f public wDrks estimates and I the allO'tment O'f expenditure thereO'n accDrding to' electO'ral divisiO'ns shall neither be instituted nO'r maintained." . SectiDn 298, subsectiO'n (1) is amended by striking out the words "thirty-first day Df Mar,ch" and by substituting the WDrds "last day O'f February"; by striking out the wO'rd "April" and by substitut­ ing the wO'rd "March" .

Section 339 is struck out and the fO'llDwing is sub­ stituted: "339.

(1) If the cDuncil desires to' bDrrO'w mO'ney O'r ~O'n­ tract a debt for any lawful Dr authorized ,purpDse and the repayment O'f the money bO'rrDwed O'r the debt cDntracted is nDt prO'vided for Dut of the revenues O'f the current year, it shall pass a by-law fO'r that purpDse. "

(2) Except as otherwise prDvided in this Act, a by-law for bDrrDwing mO'ney Dr cDntracting debts nDt payable Dut of the revenues Df the ,current year shall provide fDr the issue Df debentures and the levy Df annual rates for the payment of such borrowings or debts cO'ntracted. "~3) No muni,cipal district shall pass by-laws under sub­ sectIDn (1) for borrowing money or contracting general debts totalling an amount in e~cess Df five per cent O'f the assessed value O'f lands, buildings and imprDvements in the municipal district." . . 14. This Act CDmes intO' fDrce Dn the day upon which it IS assented to'.

No. 88 FIRST SESSION TWELFTH LEGISLATURE 2 ELIZABETH II 1953 BILL

An Act to amend The Municipal District Act Received and read the First time ......................................... . Second time ....................................... . Third time ........................................ . HON. MR. GERHART Title: 1953 (12th, 1st) Bill 88,

An Act to amend The Municipal District Act