Bill 15 — Third Session, 19Th Legislature, 30 Elizabeth Ii the Legislative Assembly of Alberta Bill 15 the Municipal Government Amendment Act, 1981 (Legislature 19, Session 3)

L19 S3 3887

Alberta — Bills

1981 BILL 15 Third Session, 19th Legislature, 30 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 15 THE MUNICIPAL GOVERNMENT AMENDMENT ACT, 1981 THE MINISTER OF MUNICIPAL AFFAIRS First Reading ......................................................... _ .. ""' ....... "" ..... . Second Reading Committee of the Whole .................................................. . Third Reading ............................................................... . Royal Assent ................................................................ .

Bill /5 BILL 15 1981 THE MUNICIPAL GOVERNMENT AMENDMENT ACT, 1981 (Assellfed to , /98/) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: The Municipal Go\'ernmel1l Act is amended by this Act. :: Section::, clause -I is repealed and the following is substituted: 4 "elector" means a person (

i) who is 18 years or older. (ii) who is a Canadian citizen, and (iii) who (

A) in the case of an election or the taking of a vote, is qualified to vote at that election or taking of a vote, or (

B) in the case of the performance of any other function or the exercise of any right with respect to a municipality, is resident in the municipality on the day on which the function is performed or the right is exercised, and has resided in Alberta for the 6 consecutive months imme diately preceding that day. 3

Section 7( / )(

a) is amended by striking ow "qualified to vote at a general election" and su/Jstitllting "electors".

Explanatory Notes 1 This Bill will amend

chapter 246 of the Revised Statutes of Alberta 1970. 2

Section 2, clause 4 presently reads: 4 "elector" means a person qual(fied to vote at an election or at the taking of a vote, as the case may be; 3

Section 7( I )(

a) presently reads: 7(

I) Where this Act provides for the doing of allY thing by a petition to be presented to a council, the petition shall consist (~l one or more pages each of which shall contain an accurate and identical statement (~l the purpose and objectives of the petition and (

a) each signature thereto shall be witnessed by an adult perSOll, who shall take an affidavit that to the best of his belief the persolls whose signatures he has witnessed are qual{fied to \'Ote at a general election, alld 1

Section 9(

d) is amended by striking out", or elects such other abode as his residence, in which case he shall be deemed to be a resident of this other place". 5

Section 20 is amended by repealing subsections (1 )(a). (1.1 )(

a) and (2).

Section 9(

d) presently reads: 9 For the purposes (~l this Act, the place ~l residence is gm'emed by the following rules, as far as applicable: (

d) the place where (/ person's family resides shall be deemed to be his place of residence unless he takes up or continues his abode in some other place with the intention of remaining there, or elects such other abode as his residence, in which case he shall be deemed to be a resident of this other place: 5

Section 20 presently reads in part: 20( 1) Where a petition is presented to the Local Authorities Board (

a) by a majority of the owners of any territory in or immediately adjoining a municipality, or (

b) by the council of a municipality with re!;pect to any territory in or immediately adjoining the municipality, or (

c) by the Minister with respect to territory forming the whole or any part of an improvement district or special area that he desires to have annexed to a municipality, requesting that the territory be annexed to the municipality or to another municipality, improvement district or special area, the Board by order may annex territory (

d) from a municipality to an improvement district, special area or another municipality, or (

e) from an improvement district or special area to a municipality. ( 1.1) In this

section (a) . 'owner" means (

i) with reference to territory which is Crmvn land, the CrOlI'n. or (ii) with reference to territory which is not Crown land, (

A) the purchaser of the fee simple estate in the land tinder an agreement for sale that is the subject ol a c{[l'eat reg istered against the certificate of title to the land. or (

B) in the absence ofa person described in paragraph (A), the person registered under The Land Titles Act as the OIvner of the fee simple estate in the land. and in either case includes a person \1'!1O has a I(fe estate in the lalld, notice of \\'hich appears on the certificate (~f title to the land or in respect of which a certificate (~l title has been issued under The Land Titles Act:

(2) The Local Authorities Board may, without (/ petitionlilld (Jf"its OWIl motion hy order and ajier notice, annex territory 2

Section 20.1(1) is amended b.\' striking alit ", (2)". 7

Section 20.2 is repealed and the following is substituted: 20.2(

I) The Lieutenant Governor in Council may, by order, annex territory (

a) from a municipality to an improvement district, special area or another municipality, or (

b) from an improvement district or special area to a municipality.

(2) An order under subsection ( I) (

a) may prescribe the terms and conditions, if any, governing the annexation, and (

b) shall be published in The Alberta Gazette.

(3) An order under subsection (

I) becomes effective on the date named in the order or, if no date is named in the order, on the date of the publication of the order in The Alberta Gazette. 8

Section 21 is amended by adding "or 20.2" after "20".

(

a) Fom a mw~ic .. ipa!i0'. to an improvement district, special area or another mU11/Clpah0' Immediately adjoining thereto, or (

b) from an improvement district or special area to a mWlicipalih' immediately adjoining thereto. - 6 Consequential.

Section 20.1 (

I) presently reads: 20.I(

I) Notwithstanding any provision of any Act to the contrar" , no order of the Local Authorities Board made under

section 20, subsection (I), (2) or (5) has any effect unless it is approved by the Lieutenallf Gm'ernor in Council under subsection (3) of this section. 7

Section 20.2 presently reads: 20.2(

I) NOMithstanding any provision of this or any Act, (

a) where land owned by the Crmvn in right of Alberta has a common boundary with a municipaIi0', improvement district or spe cial area (other than the municipaIi0', improvemellf district or spe cial area in which that land is located), the Lieutenant Governor in Council may, by order, annex all or part of that land from the municipali0', improvement district or special area within which it is located to the municipali0', improvement district or special area ~vith which it has a common boundary, or (

b) H'here land owned by the Crown in right of Alberta is located in a municipaIi0', improvement district or special area and is sep arated Fom another municipali0', improvement district or special area b" a road allowance onl". the Lieutenant Governor in Council may. by order. annex all or-part of that land and that portion of the road allowance that lies between that land and that other mu nicipaIi0'. improvement district or special area. Fom the munici paIi0', improvement district or special area within ~vhich the land and road allowance are located to that other municipaIi0', improve ment district or special area.

(2) An order made under ~'ubsection (

I) may prescribe (

a) the terms and conditions. ~{any. governing the annexation. and (

b) the date the annexation takes place. 8 Consequential.

Section 21 presently reads: 2 I No order made under

section 20 affects or abrogates any existing contract or any existing right of or held by any mllnicipali0' or person for the production. transmission. delivery or furnishing of water, gas. heat. sewer service. light. power. telephone or transportation to orfor inhabitants or businesses in the annexed or excluded territories. as the case may be. but the council o{ the area afrected by the order is upon a renewal of the utili0' contract being proposed. subject to the provisions of' this Act re.\pecting wili0' renewal or purchase. 3

Section 2C)( 1)(

e) is amended by striking Ollt "or British subject". 1 0

Section 115(1)( a) (lnd (3)(

c) are amended br striking Ollt "$500" and substituting "$2500". II

Section 126.2 is amended (

a) by adding the following qfter subsection (1): ( I .

I) Notwithstanding subsection (I ), a petition for a by-law that will have the effect of repealing, amending or suspending an existing by-law has no effect unless it is received by the council within 60 days of the day on which the existing by law was passed. (

h) by repealing subsection (2)(a), (

b) and (

c) and substituting (he j(JII()\l'ing: (a) 5Clc of the population of a municipality as determined by the latest census, in a municipality having a population of 1000 or more persons, or (b) 109c of the population of a municipality as determined hy the latest census, in a municipality having a population of less than 1000 persons. 12

Section 12X( 2) is amended (

a) hy rCIJ('alillg clause (h): (

h) ill clallsc (n hy a~lding "or where land that was acquired for a publIc park. recreatIon grounds or exhibition grounds is rented or ka'>cJ tn a community association" after "environmental re-,>crve··. . 4

Section 29(1 )(

e) presently reads: 29( 1) A person is not qualified to remain a member of the council if he (

e) ceases to be a Canadian citizen or British su~ject, or 10

Section 115(1)(

a) and (3)(

c) presently read: 115 ( 1) The council may by by-law (

a) impose a penalty not exceeding $500, exclusive of costs, for contravention of any by-law under this or any other Act and provide for reasonable punishment by imprisonment for any period not ex ceeding six months in case of non-payment of the fine and costs imposed for any such contravention, unless the fine and costs in cluding the costs of committal are sooner paid,

(3) A council may, either in a general penalty provision in a bv-Iaw or in a penalty provision applicable to a contravention of a particular provision of a by-law. provide for (

c) a minimum daily fine not exceeding $500 for every day that the offence continues after conviction, or 11

Section 126.2(1) and (2) presently read: 126.2( 1) If a petition is submitted to the council for a by-law dealing with any matter within its legislative jurisdiction, the council shall cause a by-law dealing ~vith the subject matter of the petition to be prepared and read a first time.

(2) The petition referred to in subsection (1) has no effect unless the number of electors who have signed the petition equals at least (a) 3 per cent of the population of the municipality as determined by the latest census, in a municipality having a population of 10,000 or more persons, or (b) 5 per cent of the population of the municipality as determined by the latest census, in a municipality having a population (~j'less than 10,000 but more than 1,000 persons, or (c) 7 per cent of the population (~j' the municipality as determined by the latest census, in a municipality having a population oj' 1,000 persons or less. 12

Section 128(2) presently reads in part:

(2) The disposal of any land or estate or interest in land as (luthori:ed hy subsection ( 1 ) does not require the assent ot'the electors except that the council does not have power 4

(

a) to dispose or land or any estate or interest in land that \\'as acquired (

i) j(n' a public park, recreation grounds or exhibition groll//{Is, or (ii) as enl'ironlllentlli reserl'e, lIlunicipal reserl'e or municipal and school resen'e pursuant to The Plallning Act, 1977, or (

b) to sell to any person lands, buildings or portion thereor at allY Sllfl1 less than Il'hat is the fair actual value thereof' at the time oj' sale, except Il'here the sale is j()r the pllrpose (dprol'iding land Oil Il'hich housillg accommodatioll is to be constructed, or without (

e) in the case (~f'municipal resen'e or municipal and school re SetTe, complyillg with the requirements of' The Planning Act, 1977 with re,\pect to the sale, lease or other disposal, and (

f) ill nery other case, except for enl'irol1mental reserl'e, ad\'er tisillg the disposition and the prO\'isiol1s of'section 311 relating to the requirements (~rsubmitting the matter to a mte of'the proprietary electors apply, Il'ith the necessary mod(/ications, to the dispositioll, 13 Pension or superannuation plan for council members. 14

Section 140 presently reads: NO(

I) Where the municipality establishes a pension or superannuatioll plan. or a benefit/und, the money payable there/i'om to all employee or to 111.\ estate, lI'hether hr I\'ay or (if/nuity, death hel1efit or othen;'ise (

a) is not assignahle, and (

b) is 1I0t .mhject to garnishee IJroceedings or attachmellf or sei::ure, excel:t Ill, respect or/ailure of the elllplo.~'ee to acC'oUIlf for puhlic mOlln Of to 1](1.' a deht due to the mlllllCipality. (~) Suhs£'uioll (

I) don lIot apply ill respect or (a) (/ refund of money /rolll a pellsion or sUIJeralllluation plall, or

13 The following is added after

section 137: 137.1 (

I) The council, by by-law, may set up, contract for and maintain a pension or superannuation plan or a benefit fund for the benefit of the members of council and their dependants.

(2) A pension or superannuation plan or a benefit fund under subsection (1) may require those contributions on the part of the members and on the part of the municipality that the council prescribes, and the council may deduct the contributions of the members from the remuneration paid to those members.

(3) A by-law passed under this

section shall be deemed not to be a money by-law. 14

Section 140 is amended (

a) in subsection (1) (

i) by striking out "an employee" and substituting "a mem ber or employee", and (ij) in clause (

b) b\' adding "member or" ({fter "failure of the"; - (

b) ill subsection (2) b" striking out "an employee" lind sub stituting "a member ot council on his ceasing to be a member or to an employee". 5

Section 142 is amended (

a) in subsection (

I) by adding "or all or any members of the council" after "\38"; (

b) in subsection (2) by adding "or remuneration" a.fter "sa laries" . 16

Section 149 is amended (

a) in subsection (

J) by adding "or owner or purchaser of land within the municipality" after "elector"; (

b) by adding the follmving a./rer subsection (J):

(1.1) Notwithstanding subsection (I), the charge for a copy of a by-law furnished by the municipal secretary under that subsection shall not exceed $10 unless the copy is in the form of a publication that is offered for sale to the public. 17

Section 154(3) is amended (

a) in clause (

a) by strikinJ< out "$5" and suhstituting "$50": (

h) in clause (

b) by strikinJ< out "SIO" and substituting "$100"; (

c) in clause (

c) by striking out "S20" and slibstitllfinJ< "$200".

(

b) a refund of money from a benefit jimd, to an e'!lployee ~~1 te~millation 0/ his employment It'ith the municipality and bejore qualificatIOn jor penSIOn, superannuation or benefits. 15

Section 142 presently reads: 142(

I) The council, by by-law, may set up, contract for or otherwise institute a scheme of insurance for the purpose of insuring all or all\' employees referred to in

section 138 against sickness, accident or death, as the case may be.

(2) Any such scheme of insurance may require such contributions on the part of the members or employees, and on the part of the munici pality, as the council in its discretion may provide in the br-law, and the council may deduct the contributions of the members or' employees from their salaries.

(3) A hy-Imi' passed under this

section shall be deemed not to be a money by-law. 16

Section 149( 1) presently reads: 149( 1) Any elector may at all reasonable times inspect (

a) any contract approved by council or an executive committee and any by-law or account ajter it has been submitted to the council, (

h) any report of the commissioners or of any committee or of' any official of the municipality ajter it has heen submitted to the cOllncil, other than an opinion or report of the municipal solicitor or of any counsel engaged by the municipality, and (

c) the minutes of council, ajter they have heen adopted hy the council, and the municipal secretary shall within a reasonable time ((Iter re ceiving a written demand hy an elector furnish him with copies of' any such documents or parts there(f at the rate (~f' not more than 50 cents per 100 words, each figure to he counted one word or at a rate of'not more than $1 per reproduced page or part thereof'(d'any such documents. 17

Section 154( 3) presently reads:

(3) A parent or guardian H'ho permits his child to contr(~\'e!le the hy laH' is guilty of an o.ffence and liahle upon

summary convictIOn (

a) for a efirst offence to a fine (d' $5, (

h) for a second (~ffence to a .fine of' $10, and (

c) F)r a third or suhsequent ofFence to (/ fine of' $20, and in each case in default (~fpayment to a term of imprisonment of'not more than three months. 6

Section 162( j )fi) is amended by striking out "$500" and sub stiwting "$2500". 19

Section 206 is amended by adding the following after subsection (2 ):

(2.1) Notwithstanding subsection (2), a council may make grants in anyone year in excess of the maximum amount referred to in sub~ection (2) if the grants in excess of that sum are paid out of money that is received by the council by way of a gift or grant for a specific purpose and the grant made by the council is con sistent with that purpose. 20

Section 226(4)(

b) is repealed and the following is substituted: (

b) a mobile unit used chiefly as a farm building or farm resi dence as defined in The Municipal Taxation Act, or 21

Section 233 is amended by striking out "$100" and substituting "$500" . 2~ ~ection 249(4)(

b) is amended by striking out "$200" and sub Sllflltlllg " S 1000".

Section 162(1)(

i) presently reads: 162( 1) The council, subject to the provisions of any Act of the Parlia ment of Canada, or of the Legislature of Alberta , or to any order of the Canadian Transport Commissioll may make by-laws (

i) imposing a fine not exceeding $500 for a breach of any such by-law. 19

Section 206(2) presently reads:

(2) Subject to subsection (3), a council may make grants for any or all of the purposes mentioned in this

section but in anyone year the ag gregate of all such grants shall not exceed a sum equal to one-ha(l a mill on the net total assessment of the municipality upon lvhich taxes are levied. 20

Section 226(4 )(

b) presently reads:

(4) The ov,mer of a mobile unit is not required to have a licence in respect of (

b) a mobile unit used chiefly as a farm building or residence ill connection with the raising or production of crops, livestock or poultry or in connection with fur production or beekeeping and situated on farm land outside a city, town, new tOWIl, village or summer village, or 21

Section 233 presently reads: 233 The council, by by-law, may impose a penalty not exceeding $100 exclusive of costs, for the breach of a by-Im~' relating to the closing of shops, businesses or indu.,:tries, and may provide for punishment by imprisonment for any period not exceeding 60 days in case of the nOIl payment of the fine and costs imposed for any such breach unless the .fine and costs, including the costs of committal are sooner paid. 22

Section 249(4)(

b) presently reads:

(4) A by-law made pursuant to this

section (

b) Iilay prescribe a .fine Ilot exceeding $200, Ivith imprisollm~nt for a term not exceeding 30 days .f()r default in payment oj the .fine for failure alld (

i) to comply Ii'ith a by-law passed pursuant to subsection (

I) or (2), or (ii) to complr with any ql the terms or condition,,: ol the con struction, laring or placing olany olthe I\'()rks or tlllngs referred to ill a by-law passed pursuant to subsectioll (3), 7

Section 303(2) is amended by striking out "$100" and substi tuting "$500". 24

Section 311 (3) is repealed alld the following is substituted:

(3) If a petition for a vote on a money by-law is re~ei~ed by the municipal secretary within 15 days of the last publicatIon of the notice and if the petition is signed by proprietary electors equal in number to at least (a) 5C;c of the population of a municipality as determined by the latest census, in a municipality having a population of 1000 or more persons, or (b) 10C;c of the population of a municipality as determined by the latest census, in a municipality having a population of less than 1000 persons, the counciL if it decides to proceed with the by-law, shall submit the money by-law to a vote of the proprietary electors. 25

Section 314 is amended (

a) by repealing subsection (/ )(

b) and substituting thefol/owing: (

b) yearly payments of principal and interest under clause (

a) do not exceed 10C;c of the previous year's tax levy for the municipality. (

b) ill subsection (4) by striking out "the equivalent of 15 mills on ~he, !otal assessment of the municipality upon which taxes are I,evled und substituting "30% of the previous year's tax levy tor the municipality"; (

c) hy udding the following u{ter subsection (5):

(6) For the purposes of this

section "tax levy" means the total levy on the assessed value of all assessed property shown on the, assessment. rol.1 of the municipality and includes rev enue trom grants In lIeu of taxes. B.

Section 303(2) presently reads:

(2) The by-law may provide that any persoll who contravenes the b\' leni' may forfeit the right to be supplied with the public utilin' and shall be guilty of an offence and liable on

summary conviction to a fine not exceeding $100. 24

Section 311 (3) presently reads:

(3) If a petition for a vote on a mone,\' by-law is received by the municipal secretary within 15 days of the last publication of the notice and if the petition is signed by at least (a) 5 per cent of the proprietary electors in a municipality having a population of 10,000 or more persons, or (b) 10 per cent of the proprietary electors in a municipality having a population of less than 10,000 persons but more than 1,000 per sons, or (c) 15 per cent of the proprietary electors in a municipality having a population of less than 1,000 persnns, the council if it decides to proceed with the by-law shall submit the money by-law to a vote of the proprietary electors. 25

Section 314 presently reads in part: 314(

I) Notwithstanding anything in this Act, a council may make an expenditure for or create a liability for any capital purpose authorized by this Act if (

a) any debt created thereby is repaid li'ithin three years, and (

b) yearly payments of principal and interest under clause (

a) do not exceed an amount equivalent to 5 mills on the assessment (4 the municipality upon which the taxes are levied.

(4) The aggregate of all liabilities incurred under this

section shall not. at any time exceed the equivalent of 15 mills on the total assessment of the municipality upon which taxes are levied.

Section 411 is amended b.v strikin[? out "$500" and substituting "$2500" . III accordance with

section .f.(

I) of The

Interpretation Act, 1980, this Bill comes into force on the date it re ceil'es Royal Assent.

Section 411 presently reads: 411 AllY person who contrarelles allY prm'ISIOI7 of this Act for the cOlltrarel7tiol7 of which no punishment has beell spec~fical1y prorided is guilty of an offence and liable on

summary conviction to imprisonment FJr a term of not more than six months, or to a .fine of not more than $500, or to both such .fine and imprisonment. 9 Title: 1981 (19th, 3rd) Bill 15, The Municipal Government Amendment Act, 1981

Document details

Collection	Alberta — Bills
Citation	L19 S3 3887
Type	bill
Volume / chapter	L19 S3 3887
Language	en
Format	json
Source	PROVINCIAL
Identifier	c40e52b2b137cc790f471220126285479e5961a6

Source file is stored in the law ingest library (json).