Bill 48 (Legislature 12, Session 3)

L12 S3 6493

Alberta — Bills

Bill No. 48 of 1955 A BILL TO AMEND THE TOWN AND RURAL PLANNING ACT, 1953 NOTE This Bill amends The Town and Rural Planning Act, 1959, being

chapter 113 of the Statutes of Alberta,

Section 2, clauses (

l) and (

m) define a "non-conforming building" and the "non-conforming use" of land or a build ing, as a building constructed or under construction, and as the use being made of land or a building, at the date of the publication of a notice of a proposal to pass a zoning by-law. Such a building and such use are protected under the provisions of the Act, but the

definitions are now being amended to make it clear that the protection does not extend to a building that has been built unlawfully or to the unlawful use of land or a building.

Section 91 is struck out and a new

section 91 is substi tuted. This

section contains provisions enabling a council to enforce a zoning by-law or development scheme by entering upon the property which does not conform thereto and doing whatever is required to be done. At present,

section 91 does not give this power to a council when the non-conformity consists in a use as distinct from non-con forming construction or the failure to alter, repair, or demolish a building. Further, the

section does not extend to the failure to comply with a building permit, nor to the failure to comply with a by-law or development scheme made before the Act came into force. The scope of the

section is therefore being extended accordingly.

Section 92, which deals with civil proceedings for the enforcement of zoning by-laws and development schemes, is being amended to include by-laws and development schemes made before the Act came into force.

Section 93, which makes it an offence to contravene a by-law or development scheme, is being amended to make it an offence also to contravene the conditions of a building permit or to contravene a zoning by-law or development scheme made before the Act came into force. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative CounseZ. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 48 of 1955

An Act to amend The Town and Rural Planning Act, 1953 (Assented to , 1955) HER 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, 1959, being

chapter 113 of the Statutes of Alberta, 1953, is hereby amended.

Section 2 is amended

Section s (

a) as to clause (

l) by adding immediately after the amended words "means a building" the word "lawfully", (

b) as to clause (

m) by striking out the words "that use", where they occur in subclauses (

i) and (ii), and by substituting the words "the lawful use".

Section 91 is struck out and the following is substi- sectlodned91 tuted: amen "91.

(1) Where an excavation in connection with, or unauthor· erection, construction, enlargement, alteration, repair, re- ~~~~tructton moval or demolition of a building is being carried out, or any land or building is being used, otherwise than in accord- ance with the provisions 11 (

a) of this Part, " (

b) of any zoning by-law, interim development by-law or development scheme in effect pursuant to this Part or

section 98, or "(

c) of any building permit issued in accordance with such a by-law or scheme as is referred to in clause (b), the council, by written notice either served personally upon or sent by registered mail to the owner of the property involved, may require the removal, demolition, or alter ation of the building, the filling in of the excavation. or the cessation of the use to which the land or building is being put, as the case may be. 11

(2) The notice shall state "(

a) the grounds upon which the removal, demolition, alteration, filling in, or cessation of use is required, and 11 (

b) that the removal, demolition, or alteration of the building, the filling in of the excavation, or the cessation of the use of the land or building, as

Section 92 amended

Section 93 amended Penalties 2 the case may be, shall be carried out or effected within the period stated in the notice, which period shall be more than two months computed from the date of the notice. · "

(3) If an owner of property to whom notice has been given pursuant to subsection (1) fails to comply with the requirements of the notice, the council, by its agents or servants, may enter upon the property and carry out or effect such removal, demolition, alteration, filling in, or cessation of use as the notice requires to be done or effected, and may recover the expense thereof from the owner by an action in any court of competent jurisdiction, and the expenses, until paid by the owner, shall be a charge and lien upon the property in respect of which the notice was given.".

Section 92 is amended by adding immediately after the words "this Part" the words and figures "or

section 98".

Section 93 is struck out and the following is substi tuted: "93.

(1) A person who " (

a) contravenes "(

i) a provision of a by-law or development scheme in force pursuant to this Part or

section 98, or "(ii) a condition of a building permit granted pur suant to a by-law or development scheme in force pursuant to this Part or

section 98, or " (

b) suffers or permits

an act or thing to be done in contravention "(

i) of a provision of a by-law or development scheme in force pursuant to this Part or sec tion 98, or "(ii) of a condition of a building permit granted pur suant to a by-law or development scheme in force pursuant to this Part or

section 98, or " (

c) neglects or fails "(

i) to do any act or thing required to be done by a by-law or development scheme in force pur suant to this Part or

section 98, or "(ii) · to comply with a condition of a building per mit granted pursuant to a by-law or develop ment scheme in force pursuant to this Part or

section 98, is guilty of an offence and liable on

summary conviction to a penalty not exceeding one hundred dollars and costs, and in addition thereto to a penalty not exceeding twenty dollars for every day the default continues and in default to imprisonment for a period not exceeding thirty days, unless the fine, penalty and costs are sooner paid.

3 "

(2) The conviction of a person under the provisions of this

section does not operate as a bar to further prosecu tion under this

section for the continued neglect or failure on the part of a person to comply with the provisions of a by-law or development scheme in force pursuant to this Part or

section 98, or with the conditions of a building per mit issued in accordance with any such by-law or develop ment scheme.". 6. This Act comes into force on the day upon which fo0r~~ng Into it is assented to.

No. 48 THIRD SESSION 1WELFTH LEGJSLAnJRE 4 ELIZABETH II 1955 BILL

An Act to amend The .Town and Rural Planning Act, 1953 Received and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HoN. MR. HINMAN Title: 1955 (12th, 3rd) Bill 48,

An Act to amend The Town and Rural Planning Act, 1953

Document details

Collection	Alberta — Bills
Citation	L12 S3 6493
Type	bill
Volume / chapter	L12 S3 6493
Language	en
Format	json
Source	PROVINCIAL
Identifier	cb0828257118cc82ab1dd8115dcca2fede36827e

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