Bill 23 — First Session, 16Th L€Gislature, 17 Eilztloetly"Ii the Legislative Assembly of Alberta Bill 23 An Act Respecting Municipal Government (Legislature 16, Session 1)

L16 S1 4474

Alberta — Bills

1968 Bill 23 First Session, 16th L€gislature, 17 EIlzTloetly"II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 23

An Act respecting Municipal Government THE MINISTER OF MUNICIPAL AFFAIRS First Reading ............................................................. . Sec.ond Reading ........................................................ . Third Reading ........................................................... . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 23 1968

An Act respecting Municipal Government (Assented to , 1968) HER MAJ~ST"y, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as The Municipal Government Act. 2. In this Act,

PART 1

INTERPRETATION 1. "by-election" means an 'election held to fill a va cancy in the office of Inayor or councillor at a time other than a general election; 2. "business" includes business, trade, prOfession, in dustry, occupation, employment or calling and the providing of goods and services; 3. "conditiona.l owner" means a person who is a lessee, licensee or permittee from the Government of Canada or the Province, of land or other property if the land or property is not exempt from assess ment and taxation by reason of The Municipal Taxa ation Act; 4.

"elector" means a person qualified to vote at an election or at the taking of a vote, as the case may be; 5. "general election" means an election held for all the members of a council; 6. "hamlet" means (

i) an area of land subdivided into lots and blocks as a townsite,a plan of which is registered in a land titles office, or (ii) an area of land as defined by subclauses (

i) and (iii) of clause 20 on which are erected improvements used for purposes other than farming purposes, or (iii) an area declared by an order of the Minister to be a hamlet;

2 7. "hawker" or "pedlar" means any person who, whether as principal or agent, (

i) goes from house to house selling or offering for sale any merchandise or services, or both, to any person, and who is not a wholesale or retail dealer in such merchandise or services, and not having a permanent place of business in the municipality, or (ii) offers or exposes for sale to any person by means of samples, patterns, cuts or blueprints, merchandise or services, or both, to be after wards delivered in and shipped into the muni cipality, or (iii) sells merchandise or services, or both, on the streets or roads or elsewhere than at a build ing that is his permanent place of business, but does not include any person selling, (

A) meat, fruit or other farm produce that has been produced, raised or grown by himself, or (

B) fish of his own catching; 8. "hospital" means a hospital approved by the Min ister of Health under The Alberta Hospitals Act; 9. ~'judge" means a judge of the Supreme Court of Alberta or a judge of the district court in the judi cial district within which a municipality is wholly or mainly situated; 10. "land" means land, tenements, hereditaments or any estate or interest therein and, without restricting the generality of the foregoing, includes growing timber but does not include minerals; 11. "Local Authorities Board" means the Board estab lished by The Local Authorities Board Act; 12.

"mayor" includes the reeve of a municipal district; 13. "Minister" means the Minister of Municipal Affairs; 14. "mobile home" means (

i) any vacation trailer or house trailer, or (ii) any structure whether ordinarily equipped with wheels or not, that is constructed or manufac tu::ed to be moved from one point to another by beIng towed or carried and to provide living accommodation for one or more persons; 15. "money bY-law'.' means a by-law which by this Act m~lst be advertised and may be required to be sub mItted to a vote of the proprietary electors; 16. "municipal official" means

(

i) a mun.icipal commissioner, manager, secretary, treasurer, assessor, solicitor, comptroller, en gineer and any other official appointed by resolution or by by-law of the council, and (ii) the holder of any other position or office desig nated as such by the council; 17. "municipal secretary" means, in the case of a city, the city clerk, and in any other municipality the person appointed as secretary by the coun,cil; 18. "municipality" means a city, town, village, summer village or municipal district; 19. "owner" means (

i) in the case of land, any person who is registered under The Land Titles Act as the owner of land, or (ii) in the case of property other than land, any person who is in legal possession thereof; 20. "parcel" means (

i) any unsubdivided block or any lot, or any part of such a block or lot in any area of land of which a plan of subdivision is registered in a land titles office, or (ii) in any case where a building has been erected on two or more lots or parts thereof, all such lots, or (iii) where there is no such plan of subdivision, a quarter

section of land according to the system of surveys under The A~berta Surveys Act or any other area the description of which has been approved by the proper land titles office, or (iv) all the land forming part of any railway, irri gation or drainage right of way; 21. "prescribed" means prescribed by the Minister; 22. "proprietary elector" means an elector whose name 'appears on the assessment r~ll in respect of lan~ liable to assessment and taxation for general munI cipal purposes; 23. '~ublic utility" means any municipal revenue earning work or utility, and includes the municipal (

i) telephone system, (ii) waterworks system, (iii) bus lines or other transportation system, (iv) irrigation system, (

v) systems for the distribution of gas, whether natural or artificial, 3

(vi) electric generating plants,artifi,cial light or electric power systems, (vii) heating systems, and (viii) sewers, and the service or commodity supplied by any public utility; 24. "purchaser" means any person who has purc~as~d or otherwise acquired land or other property WIthIn the municipality, whether he has purchased or otherwise acquired the same direct from the owner thereof or from another person, and has not become the owner thereof; 25. 26.

"shop" means any building or portion of a building, bootn stall or place where goods are exposed or offer~d for sale by retail or public auction, and includes barber shops and ladies hairdressing, mani curing and beauty parlors, garages, filling stations and service stations; "special franchise" means every right, authority or permission whether exclusive or otherwise, to con struct, maintain or operate, within a municipality, in, under, above or on or through or across any highway, road, street, lane, public place or public water within the jurisdiction of the municipality of any poles, wires, pipes, tracks, conduits, build ings, erections, structures or other things for the purpose of bridges, railways, bus lines or other transportation systems or for the purpose of con ducting steam, heat, water, natural gas or elec tricity or any property, substance or product cap able of being transported, transmitted or conveyed for the supply of water, heat, light, power, trans portation, telegraphic, telephonic or other services; 3.

(1) Where by this Act a certain day is fixed on which or by which certain things are to be done or proceedings had or taken and the day so fixed is a Sunday or other holiday, the things or proceedings shall be done, had or taken on or by the next day that follows the fixed day and is not a holiday.

(2) If any thing to be done by a council or an official or e!llplo:fee of a municipalit.y 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, from time to time, may appoint ~ 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. (3) .Any thi?g dope. at or within the time specified in the order IS as valId as If It had been done at or within the time fixed by or under this Act. 4

< 4) Whe~e by, this Act a certain day is fixed on or. by WhICh certaIn thIngs are to be done or proceedings taken if it appears that the date was fixed having regard to a~ earlier fixed date on or by which certain other things are to ,be ~one ?r proc,eedings ta,ken the~, notwithstanding any thIng In thIS Act, If default IS made In respect of the earlier date a like delay is allowed in respect of the later date . . 4. Where a question or by-law is to be submitted or some other thing is to be done which council desires to submit to the electors at the time of a general election or -by-election and it becomes unnecessary to hold a general election or by election, then the council (

a) may defer the submission of the question or by-law to the next general election or by-election, or (

b) may submit the question or vote at such other time as the council fixes. 5.

(1) When the boundary of a municipality is wholly or partly described by reference to the boundary of a township or

section of surveyed land along which a road allowance runs, then, unless the description otherwise specifies, the side of the road allowance upon which monuments or posts are placed under any survey made pursuant to any Act of Oanada or Alberta relating to surveys is the boundary, e~cept in the case of correction lines, when the south side of the road allowance is the boundary.

(2) Where a street, lane or roadway situated in a munici pality is the boundary of the municipality and the munici pality acquires land for the widening of the street, lane or roadway, the land so acquired shall be deemed to be within the boundaries of the municipality~ .

(3) A road allowance between an Indian Reserve and a municipality shall be deemed to be in the municipality, not withstanding anything to the contrary in this section. 6. An Indian Reserve is not 'a part of a municipality for any purpose whatsoever. 7.

(1) Where this Act provides for the doing of any thing by petition, the petition shall consist of one or more pages each of which shall contain an accurate and identical state ment of the purpose and objectives of the petition and (

a) each signa ture thereto shall be witnessed by an adult person, who shall take an affidavit that to the best of his belief the persons whose signatures he has witnessed are qualified to vote at a general election, and (

b) the address and occupation of each signa tor thereto shall be set out opposite his signature, and, in addition, in any· petition restricted to proprietary electors, the legal description of the property or other 5

qualifications entitling that person to be a proprietary elector shall be set out opposite his signature.

(2) In computing the number of petitioners on a petition there shall be excluded the name of any person (

a) whose signa ture appears on a page of the petition which does not contain an accurate statement of the purpose and objective of the petition identical to· the statement contained on all the other pages of the petition, or (

b) whose signature is not witnessed, or (

c) whose address and occupation, or either, are not set out or are incorrectly set out, or (

d) in the case of a petition restricted to proprietary electors, (

i) who is not a proprietary elector, or (ii) whose property or other qualification as a pro prietary elector is not or is incorrectly des cribed or set out, or (

e) in the case of a petition restricted to electors, who is not an elector.

(3) A corporation ora church or other religious or~an ization, the name of which appears on the last revIsed assessment roll as the owner, conditional owner or pur chaser of land that is not exempt from taxation, may in writing authorize a resident representative to signa peti tion on behalf of the corporation or church or other religious organization, as the case may be, and this

section applies in that case.

(4) Every petition shall be filed with the municipal secretary who shall, in accordance with subsection (2), compute the number of petitioners that have signed the petition and determine the sufficiency thereof.

(5) Every petition shall have attached to it a signed s~atemen~ of a person whose name appears upon the peti ~lOn, statIng that he represents the petitioners and that he IS the person to whom the municipality may direct any enquiries with regard to the petition.

(6) No name shall be removed from a petition after it has been received by the municipal secretary. 8. When deterI?i~ing the residence of any person for the purpose of establIshIng the responsibility of a municipality under (

a) The Public Welfare Act, or (

b) The Child Welfare Act, 1966, or (

c) The Juvenile Court Act, or (

d) The Alberta Hospitals Act, resjdence shall be deemed not to have been acquired in the 6

municipality by virtue merely of residence within a military area or camp under the jurisdiction of the Department of National Defence (Canada) and within the municipality. 9. For the purposes of this Act, the place of residence is governed by the following rules, 'as far as applicable: (

a) the residence of a person is the true, fixed, perman ent home or lodging place to which, when he is absent, he has the intention of returning; (

b) a person does not lose his residence by leaving his home for a temporary purpose; (

c) if a person leaves the municipality with the inten tion of making his residence elsewhere, he loses his residence within the municipality; (

d) the place where a 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; (

e) the residence of a single person is the place where he occupies a room as a regular lodger, or to which he habitually returns not having any other permanent lodging place; (

I) no person shall be deemed to have residence in more than one municipality; and in the event of a person maintaining residences in more than one municipality, he shall be required to elect one resi dence for the purpose of this Act. 10.

(1) All the provisions of this Aet that apply to vil lages apply to summer villages, except that in a summer village (a) (b) (c) (

d) three councillors shall he elected annually, an annual meeting for the discussion of village affairs shall be held in the summer village on the third Saturday in July, the councillors shall be sworn in and assume office at the first meeting of the council which shall be held not later than the 31st day of August, at a place, time and date to be fixed by council, and shall continue in office until their successors are sworn into office, and the appointment of an auditor shall be made not later than the 30th day of September in each year.

(2) If in any particular or in any ease it appears to the Minister to be difficult or impossible to apply the provisions of this Act to summer villages, the Minister may, in his dis cretion alter any dates prescribed by this Act for the doing of any matter or thing, and may give such order or direc tions as are required in the circumstances. 7

(3) For the purpose of any other Act applying or having reference to a village, a summer village shall be deemed to be a village and the provisions of that Act apply to a summer village accordingly. 11.

(1) The Lieutenant Governor in Council may make regulations providing for any matter not provided for or insufficiently provided for in this Act but any regulation so made ceases to have any effect after the last day of the next ensuing session of the Legislature.

(2) The Minister may make regulations prescribing forms to be used under this Act. 12. Notwithstanding anything in this Act, a councillor of a city may also be referred to as an alderman and any such reference is for all purposes valid. 8

PART 2 FORMATION, ALTERATION AND DISSOLUTION 13.

(1) When a municipality is formed under this Part, the mayor, councillors and other electors of the municipality become a corporation with the name given the municipality in the order forming it.

(2) The mayor, councillors and other electors of any city, town, village, summer village or municipal district in existence immediately prior to the commencement of this Act are hereby continued as a corporation (

a) with the same status, name and number, if any, and (

b) with all the powers, rights, duties and functions of a municipality under this Act, as if incorporated under this Act. 14.

(1) The Lieutenant Governor in Council, by order, may: (

a) form into a municipal district any part of Alberta not included in a city, town, new town, village or summer village; (

b) upon receipt b~ the Minister of a petition (

i) signed by at least 50 per cent of the proprietary electors thereof, and (ii) accompanied by a plan showing the proposed boundaries of the proposed summer village, form any summer resort into a summer village if the area that would be included in the summer village contains not less than 50 separate buildings, each of which has been occupied as a dwelling at any time during the six-month period preceding the receipt of the petition; (

c) upon receipt by the Minister of a petition (

i) by at least 50 per cent of the persons who would be proprietary electors of the village, if a vil lage were formed, and (ii) accompanied by a plan showing the proposed boundaries of the proposed village, form any part of Alberta into a village if the area that would be included in the village contains not less than 75 separate buildings each of which has been continuously occupied as a dwelling for a period of not less than six months immediately prior to the receipt of the petition; (

d) form a village into a town (

i) if the village contains over 1,000 inhabitants, and (ii) if the council of the village has, by resolution, requested the change in status; 9

(

e) form a town into a city (

i) if the town contains over 10,000 inhabitants, and (ii) if the council of the town has, by resolution, requested the change in status; (

I) fornl a city into a town or a town into a village 0) if the population in the municipality warrants such a change, or (ii) if a majority of the proprietary electors of the municipality voting upon the question as to whether or not the status of the municipality should be changed are in favour of the change, or (iii) if there has been a failure to elect a council, or (iv) if the municipality has failed to carry out the requirements of this Act, The Municipal Elec tion Act, The Municipal Taxation Act, or (

v) for any other reason considered adequate by the Lieutenant Governor in Council.

(2) Upon receipt of a request to form a municipal district, village or summer village, the Minister may cause a notice in the prescribed form to be posted up in three conspicuous places within the proposed municipality and to be published in two issues of a newspaper having a general circulation within the proposed municipality.

(3) Any person may, within 30 days from the date of the notice, file with the Niinister objections to the forma tion of the proposed municipal district, village or summer village, but if during the period of 30 days, no objections are filed or if in the opinion of the Lieutenant Governor in Council any objections that are filed do not disclose suf ficient reason against the formation of the municipality, the Lieutenant Governor in Council by order may form the municipal district, village or summer village.

(4) When an order is made forming a municipal district, the Lieutenant Governor in Council shall by that or any subsequent order divide the municipal district into elec toral divisions. (5) 'Vhere an order is made forming a municipal district, village or summer village, the lVIinister, immediately upon the order being published, shall make the necessary arrange ments for the election of the council, including the setting of dates for nominations and election, if any, and the first meeting. 10 15.

(1) The order forming a municipality (

a) shall describe the boundaries of the municipality formed, (

b) shall give a name to the municipality in one of the following forms:

(i) "The Municipal District of ..... , ........... . No ..................... " ; (ii) "The Village of... , ................... "; (iii) "The Summer Village of ............ . " . ........ , (iv) "The Town of ... .. ...... "; (v) "The City of ........................... "; whichever is applicable to the class of municipality formed, and (

c) shall state the date upon which the order becomes effective.

(2) The order shall be published in the Gazette and pub lication of the order is conclusive proof of the legal forma tion of the municipality and of the fulfilment of all con ditions precedent thereto.

(3) Any misnomer, misdescription or omission or other error in any order forming a municipality may be corrected by subsequent order, and the correcting order may be made effective as of the date of the original order or upon such other date as the subsequent order may specify. 16. When the order forming a municipality (hereinafter referred to as the "new municipality") is changing the status of an exjsting municipality (hereinafter referred to as the uold municipality") from one class of municipality to another: (

a) the mayor of the old municipality continues as the mayor of the new municipality until his successor is sworn into office; (

b) each other member of the council of the old muni cipality continues as a member of the council of the new municipality until his successor is sworn into off.ice; (

c) each officer and employee of the old municipality continues as an officer or employee of the new muni cipalitv with the same rights and duties until the council of the new municipality otherwise directs: (

d) all bv-Iaws and resolutions of the old municipality continue as the by-laws and resolutions of the new municipality, in so far as they are not inconsistent with this Act, until they are repealed or others are made in their stead by the council of the new muni cipality; (

e) all taxes due to the old municipality shall be deemed to he arrears of taxes due to the new municipality and may be collected and dealt with by the new municipality as if it had imposed the taxes; Cf) all rights of action and actions by or against the old municipality may be continued or maintained by or against the new municipality; (.

q) all propertv vested in the old municipality becomes vested in the new municipality and may be dealt with by the new municipality in its own name sub- 11

(

h) ject to any trusts or other conditions applicable thereto; all other assets, liabilities, rights, duties, functions and obligations of the old municipality become vested in the new municipality and may be dealt wi th by it in its own name. 17.

(1) The Lieutenant Governor In Council may by order dissolve a village, summer village or municipal dis trict.

(2) An order made under this

section shall be published in the Gazette.

(3) Upon the date specified in the order, the members of the council of the village, summer village or municipal dis trict, and all officers and employees thereof, cease to have any further authority. 18. No misnomer, misdescription 'Or omission in any order altering or dissolving a municipality suspends or im pairs in any way the operation of this Act with respect to the matter misnamed, misdescribed or omitted and it may be corrected at any time by the authority making the order, and a correction so made is effective upon such date as is specified in the correcting order and may be m~de effective upon the date of the original order. 19.

(1) The Lieutenant Governor in Council may, sub ject to The Geographical Names Act, alter the name or number, if any, of a municipality upon the petition of a majority of the council.

(2) A notice of the alteration shall be published in the Gazette.

(3) The seal used by the municipality before the alter ation of its name or number continues to be the seal, until changed by the council.

(4) No change of name or number affects any obligation, right, action or property, incurred, established, done or acquired prior to the change of name or number.

(5) No proceedings, agreements, notices or documents are invalid or defective because of any incorrect use of mistaken designation of the name of the municipality so long as the name used indicates with reasonable certainty the munici pality in question. 20.

(1) Where a petition is presented to the Local Authorities Board, 12 (

a) b.y a maj ority of the registered owners of any ter rItory adjacent to a municipality, or (

b) by tpe council of a municipality with respect to any terrItory adjacent to the municipality, or

( 0 ) by the Minister in respect 'Of any part 'Or parts O'f an improvement district that he desires to have annexed to' a municipality, requesting that the territory be annexed to the municipality, the Board by order may annex the territory, or any part thereof, to and make it a part of the municipality.

(2) The Local Authorities Board may, without a petition and of its own motion, by order and after notice, (

a) annex to any municipality, any territory adjacent thereto, and (

b) annex any portion of a municipality to an adjoining municipality.

(3) The order may be made subject to such terms and conditions as to the Board seem proper, and in particular the order may (

a) contain directions that the annexed territory be or be not subject to debentures already issued by the municipality, with respect to the area annexed, or the rate levied to meet such debentures, (

b) contain directions that the annexing municipality assess the land in such territory upon any basis or principle of assessment that seems proper to the Board, and that the municipality continue to do so for a fixed term 'Of years, (0) fix a maximum rate of taxation for the land in the territory for a fixed term, and (

d) deal with and make any 'Order respecting any by laws for the protection of any rights of any person in the annexed area. ( 4 ) An order made pursuant to this

section shall be published in the Gazette and becomes effective upon the date named in the order or in the absence of any date therein upon the date of the pUblication 'Of the order in the Gazette and such publication is conclusive proof of the fulfilment of all conditions precedent to the making of the order.

(5) Any misnomer, misdescription, omission or error in any order may be corrected by subsequent order and the correction so made is effective upon such date as is specified in the correcting order and may be made effective upon the date of the original order.

(6) Where the Board has issued an order under this section, any municipality affected thereby that is of the opinion the order has imposed on it a financial hardship may request the Lieutenant Governor in Council to take such measures as he considers requisite to remove any resulting hardship.

(7) This

section applies to new towns. 13

21. No order made under

section 20 affects or abrogates any existing contract or any existing right of or held by any municipality or person for the production, transmission, delivery or furnishing of water, gas, heat, sewer service, light, power, telephone or transportation to or for inhabi tants or businesses in the annexed or excluded territories, as the case may be, but the council of the area affected by the order is upon a renewal of the utility contract being pro posed, subject to the provisions of this Act respecting utility renewal or purchase. 22. Where all the lands within the boundaries of a muni cipality are annexed to or amalgamated with lands within the boundaries of another municipality, (

a) the council of the municipality so annexed or amal gamated ceases to have or exercise any jurisdiction, power, duty or function, and (

b) the term of office of the mayor and councillors of that municipality terminate, upon the effective date of the annexation or amalgamation. 23.

(1) When under this Act a municipality, or part thereof, hereinafter referred to as the "old municipality", is included in another municipality, hereinafter referred to as the "new municipality", either at the time of the forma tion of the municinality or subsequently thereto, the pro perty, rights and liabilities of the old municipality or part thereof, including all taxes then due, pass to the new municipality and all remedies that were available for the collection of any such taxes due to the old municipality are available to the new municipality in all respects as though the tax..:s or arrears had originally been due to it.

(2) All Questions arising over the division or apportion ment of the property, rights and liabilities or otherwise of the old municip;:!litv, shall be decided finally and without appeal by the Minister, unless other provisions for the settlement or adjudication thereof have been made in this or any other Act or by order in council and the Minister ~ay make such orders and directions as are necessary to gIve effect to his decision . .

(3) Nothing in this

section in any way prejudices the rIghts of the debenture holders. 14

PART 3 THE COUNCIL 24.

(1) Every municipality shall have a council, the members of which shall be elected in accordance with The Municipal Election Act. .

(2) The council of a municipality is a continuing body notwithstanding any general or other election.

(3) The council shall continue to have the same number of councillors until changed under this Act. 25.

(1) Except as otherwise provided in this Act: (

a) the council of a municipal district shall consist of such uneven number of councillors as the Lieuten ant Governor in Council, by order, specifies, one of whom shall be reeve; (

b) the council of a summer village shall consist of three councillors, one of whom shall be mayor; (

c) the council of a village (

i) shall consist of three councillors, or (ii) if the council of a village having a population of at least 500 persons so authorizes, by by-law, shall consist of five councillors, one of whom shall be mayor; (

d) the council of a town shall consist of a mayor and six councillors; (

e) the council of a city shall consist of a mayor and (

i) six councillors, or (ii) such greater even number of councillors, not ex'ceeding 20, as the council, aflj;er the first election in the city, authorizes by by-law. (2) ~lhere the number of councillors has been increased in a village or city (

a) the number of councillors in a village may, by by-law, be decreased to three, and (

b) the number of councillors in a city may, by by-law, be decreased to an even number being not less than six.

(3) Where the number of councillors for a city or village has been increased or reduced, (

a) if the by-law is finally passed more than 30 days prior to nomination day for the next ensuing gen eral election the by-law applies to the next ensuing general election, but (

b) if the by-law was finally passed 30 or fewer days prior to nomination day for the next ensuing general election, the by-law does not apply to that general election. 15

(4) When a by-law increasing or decreasing the number of councillors becomes applicable, the councillors then in office continue to hold office until the first meeting of the council held after the general election to which the by-law is applicable. Ward System 26.

(1) A council of a city (

a) may, of its own motion, or (

b) shall, on receipt of a petition signed by such num ber of electors as represent at least 2 per cent of the population, submit to a vote of the electors a proposal to have councillors elected by wards.

(2) Where on the vote of the electors a majority of the electors voting vote in favour of the proposal, the council shall, by by-law, declare the ward system to be in effect.

(3) The by-law shall not be given effect to until the gen eral election next following the year in which the by-law was finally passed. 27.

(1) The council shall by the by-law under

section 26 (

a) divide the city into not less than three nor more than 10 areas, to be known as wards, in such a manner that the number of electors residing in each ward is sUbstantially equal, and (

b) specify the number of councillors, being not less than two, to be elected to represent each ward.

(2) The by-law shall state a name or number by which each ward is to be known.

(3) Subject to subsection (1) the council may by by-law alter the boundaries of any or all wards or the number of wards. 28.

(1) Where a ward system has been established in a city, (

a) the council may submit to the electors a proposal to abolish wards and to revert to a system of nomi na tion and election of councillors by a vote of the electors of the entire city, and (

b) upon receipt of a petition signed by such number of elect?rs as represent at least 2 per cent of the populatIon, the council shall forthwith submit the proposal to abolish wards to a vote of the electors. (2) "Vher~ a. majority of the electors voting on a pro posal of abolIshIng wards vote in favour of the abolition of the ward system, the council shall forthwith repeal the by law establishing the ward system.

(3) Where the ward system is abolished aU councillors then holding office continue to hold offic~ in accordance 16

with this Act until their offices become vacant through the effluxion of time. . Qualifications for Mayor and Councillors 29.

(1) A person is not qualified to remain a member of the council if he (

a) is convicted of an indictable offence punishable by death or by imprisonment for more than five years, or (

b) absents himself, without being authorized by a resolution of the council to do so, from the meetings of the council for three regular consecutive meet ings, or (

c) ceases to be a resident of the municipality, or (

d) is convicted of making a false statement in his acceptance of nomination, or (

e) ceases to be a Canadian citizen or British subject, or (

f) uses information gained through his position 'as a member of a council to gain a pecuniary benefit either directly or indirectly, or (

g) is a judge of a court of civil jurisdiction, or (

h) is an undischarged bankrupt, or (

i) is a surety for an officer or employee of the muni cipality, or (

j) is the auditor of or an officer or employee of the municipality, or (

k) is indebted to the municipality for taxes or any other debt in default exceeding $50,excluding therefrom (

i) any indebtedness for current taxes, and (ii) any indebtedness for arrears of taxes for which he has entered into a consolidation agreement with the municipality, if he is not in default in the payment of any sum payable under the agreement, or (

l) is a party to a subsisting contract with the munici pality under which money of the municipality is payable or may become payable for any work, ser vice, matter or thing, or (

m) has a pecuniary interest, whether direct or indirect, in any subsisting contract with the municipality under which money of the municipality is payable or may become payable for any work, service, matter or thing, or (

n) is a party to a contract for the purchase or lease of real or personal property from the municipality. 17

(2) Subsection (1) does not apply to a person by reason only (a) 18 (b) (c) (d) (e) (I) (g) (

h) of his being a shareholder in a corporation having a contract or dealings with the council, (

i) unless he holds or there is held by himself and spouse, parents, children, brothers and sisters, more than 25 per cent of the issued capital stock of the corporation, or (ii) unless the contract or dealings are for the build ing, construction or repair of a public work o£ the municipality, or of his contracting with the council for the supply ing to him of a service, utility or commodity that the council has statutory authority to supply, or of his being interested in a publication in which official advertisements of the council appear or that is supplied to the council thereof at the usual rates, or of his selling or leasing to the municipality, land or interest in land that the council has authority to expropriate, if (

i) the person has been the owner of the land for not less than three years, and (ii) the amount of the compensation has been fixed by an award made under The Expropriation Procedure Act, or, if the amount of the com pensation has been agreed upon, a judge of the district court upon an application made by and at the expense of the municipality con cerned has certified in writing that the amount of the compensation is fair and reasonable, or of the sale of goods, merchandise or services to the municipality or to persons contracting with the municipality and made at competitive prices by a dealer in those goods, merchandise or services inci·· dental to and in the ordinary course of his business, or of services that are rendered by any person to indigents who are residents of the municipality and for which the municipality is or may become liable to pay, or of services rendered by any person where the municipality has provided a subsidy to secure his services, or of his being appointed to a position under The Civil Defence and Disaster Act, or of 'p~ofessionaJ services rendered by a barrister and sohc;tor to the municipality, if the charges for the serVIces have been taxed under the Consolidated Rules of the Supreme Court of Alberta, or

(

i) of the receipt by him of a gratuity or allowance for services on a committee or board appointed by or responsible to the council, or (

j) of his being a member of a co-operative association, or (

k) of his being the vendor or purchaser or assignor or assignee of land bought or sold under The Farm Purchase Credit Act, 1963, or (

l) of his being a party to a contract for the purchase or lease of real or personal property from the muni cipality entered into before he became a member of the council. 30: ( 1) A member of a council ceases to be qualified to remaIn a member of the council if he fails to comply with subsection (2) or (3).

(2) A member of a council shall not vote in the council (

a) on any question (

i) affecting a private company of which he is a shareholder, or (ii) affecting a public company in which he holds more than 1 per cent of the number of shares issued, or (iii) affecting a partnership or firm of which he is a member, or (iv) affecting a company of which he is a director, or (

b) on a contract for the sale of goods, merchandise or services to which he is a party, or (

c) on a question affecting his selling or leasing land or an interest in land to the municipality, or (

d) on any question in which he has a direct or indirect pecuniary interest.

(3) When a member of a council is not entitled to vote by virtue of subsection (2), he shall so declare before dis cussion of the question and shall not participate in the debate and the abstention shall be recorded. 31. Where a member of a council is not qualified under

section 29 or 30 to be a member of the council (

a) the member shall forthwith resign his seat on the council, and (

b) if he does not :so resign, the council may, by resolu tion declare him to be disqualified, or may apply to a judge for an order declaring his seat vacant. 32.

(1) Upon the ex parte application of an elector who (

a) files an affidavit showing that a memb~r. of a councH never was or has ceased to be quahfIed as a member of the council, and 19

(

b) pays into court the sum of $59 as. security for costs to abide the event of the applIcatIon, a judge of the Supreme or a district court may direct that there be served upon that member notice of an application for an order declaring him to be disqualified to be a mem .. ber of the council.

(2) Upon hearing the application and such evidence, either oral or by affidavit, as he requires the judge (

a) may, by order, declare the member to be disquali fied, or (

b) may refuse the order, and, in either case, with or without costs.

(3) Where a judge declares a member of a council dis qualified his seat on the council thereupon becomes vacant.

(4) Where a judge declares a member of a council dis qualified for a contravention of clause (

f) of

section 29, he may order the disqualified member to pay the total amount of any profit so made to the municipality. 33.

(1) Where a person.is declared disqualified pursuant to

section 31 or 32 and appeals therefrom he remains dis qualified until the final determination of the appeal.

(2) If, upon the final determination of the appeal, the disqualifica tion is set aside, (

a) the court shall reinstate the member of the council for any unexpired portion of the term of office for which he was elected and require any person who had been elected to fill the balance of that term to vacate the office, but (

b) if the term of office for which the member was elected has expired, he shall not be reinstated, but he is eligible to be elected at the next ensuing election in the municipality, if otherwise qualified. Term of Office 34.

(1) At a general election in a municipality, other than a summer village, the mayor and councillors shall be elected for a three year term to hold office (

a) commencing at the first meeting of the council fol lowing that general election, and (

b) unless their office is sooner vacated, continuing to the first meeting of the council following the next ensuing general election.

(2) A person elected to a council to fill a vacancy caused otherwise than by the effluxion of time holds office for the balance of the period his predecessor would have held office had the predecessor continued in office. '

(3) The terms of office of persons elected to the council at the first election in a newly formed municipal district, 20

village or summer village expire at the first meeting of the council following the first general election in the municipal district, village or summer village. 35.

(1) A majority 'Of the whole council is necessary to form a quorum.

(2) No act or other proceeding of the council that is not adopted at a regular or special meeting of the council at which a quorum is present is valid or binding on any person.

(3) The proceedings of a council or of any committee thereof are not invalidated by any vacancy among its members or by any defect in the appointment at a meeting of any member or by the disqualification of any member thereon, so long as a quorum remains in office. 36. The council may make rules and regulations for call ing meetings, governing its proceedings and the conduct of its members, appointing committees and generally for the transaction of its business. Meetings of Council 37. The organizational meeting of the council shall be held annually, but no later than six weeks following the date specified in The Municipal Election Act (

a) for the receiving of nominations for councillor in a general election, or (

b) in any year in which a general election is not required to be held, the date specified for receiving nominations if a general election were held that year, at a time and pla-ce to be fixed by the municipal secretary and the secretary shall give written notice of the day, time and place of the meeting to each member of the council in the manner prescribed by subsection (4) of

section 41. 38.

(1) The council, at its first meeting following the date of the general election, and periodically thereafter at such intervals as the council may determine, shall elect one of its number as deputy mayor.

(2) When the mayor, through illness, absence or other cause, is unable to perform the duties of his office, or when the office is vacant, the deputy mayor has all the powers, and shall perform all the duties, of the mayor dur ing his inability or absence.

(3) When both the mayor and the deputy mayor, ~h.r0ugh illness absence or other cau~e, are unable or unwIllIng to perfor~ the duties of the office, the council may appoint an acting mayor. 21

(4) The acting mayor shall hold office for such time as the council may fix and has all the powers and shall perform all the duties of the mayor during such time. 39. Every member of a council shall make and subscribe the official oath prescribed by The Oaths of Office Act before entering upon the duties and shall deposit the oath with the municipal secretary. 40.

(1) A council shall hold as many meetings in each year as are considered necessary to adequately deal with the business of the municipality.

(2) A council at any meeting at which all the members of the council are present, may decide to hold regular meet~ ings of the council and the resolution shall state the day, hour and place of every such meeting and no notice of any such meeting is necessary. 41.

(1) In the case of a <City or town, the mayor may call special meetIngs of the council whenever he considers it expedient to do so, and he shall do so when requested in writing by a majority of council.

(2) In the case of a village or summer village, a special meeting shall be called by the secretary when required to do so by the mayor or a majority of the members of the council.

(3) In the case of a municipal district, a special meet ing shall be called by the secretary when required to do so by the reeve or a maj ori ty of the members of the council. (4) vVritten notice of a special meeting stating the time and place at which it is to be held and stating in general terms the nature of the business to be transacted thereat, 8hall be given to each councillor (

a) in the case of a city, town or village by delivering the notice to the council member at his residence or place of business not less than 24 hours prior to the meeting, and (

b) in the case of any other municipality by mailing the notice to the council member's address at least six clear days before the day of the meeting or by per sonally delivering the notice to him or in his absence from his residence, to any adult person thereat, at least three clear days before the date of the meeting. ( 5) The mayor may call a special meeting of the council upon such shorter notice, either verbal or written, as he considers sufficient, if at least two-thirds of the members of the council give their consent in writing to such notice before the commencement of the meeting.

(6) No business other than that stated in the notice shall be transacted at any special meeting of council, unless all the 22

members of the council are present, in which case, by unani mous consent any other business may be transacted. 42.

(1) The coun,cil shall hold its meetings 'Openly and no person shall be excluded therefrom except for improper conduct.

(2) The person presiding at any meeting may cause to be expelled and excluded any person who has been guilty of improper conduct at the meeting.

(3) Notwithstanding subsection (1), where a majority of the nlembers present are of the opinion that it is in the public interest to hold a committee nleeting of the whole or part of the council on any subject in private, a council may, by resolution, exclude any person or persons from the meet ing, but it has no power at such a committee meeting to pass any by-law or resolution apart from the resolution necessary to revert back to an open meeting. 43.

(1) A <council may appDint standing or special com mittees consisting of one or more of its members and may delegate to any such committee (

a) any matter for consideration or inquiry, and (

b) any 'Of the duties and powers impDsed and con ferred upon the council by this Act, except the powers (

i) to borrow money, Dr (ii) to pass a by-law, or (iii) to enter into a contract.

(2) A committee to which a duty or power is delegated pursuant to subsection (1) may exercise or perform it in like manner and with the same effect as the council. 44.

(1) A council may by by-law provide (

a) for the appointment of an executive committee which may be comprised 'Of (

i) members 'Of the council, Dr (ii) members of the council and officials 'Of the municipality, and (

b) for the delegation to the executive committee the power to make decisions or 'Orders, enter ,into con tracts, execute agreements Dr documents and to affix the municipal seal thereto.

(2) All decisions, 'Orders, contracts, agreements and documents made or executed by the executive committee are as valid and enforceable as if made directly by the council that delegates 'Such powers.

(3) Every order, contract, agreement or document made Dr executed under this

section shall be signed by the muni cipal secretary. 23

(1) The mayor, when present, and every councillor present shall vote on every matter (

a) unless the mayo~ or council~or is excused by resolu tion of the councIl from votIng, or (

b) unless disqualified from voting by reason 'Of pecu- niary interest, and the municipal secretary shall, whenever a recorded vote is demanded by a member of the council, record in the min utes the name of each member of the council present and whether the member voted for or against the matter.

(2) Any by-law or resolution upon which ~here. is an equality of votes shall be deemed to be decIded In the negative. Remuneration 46.

(1) The mayor may be paid such remuneration as may be fixed by the council.

(2) A council may provide for the payment to the members 'Of the council such remuneration, either annual or otherwise, for attending the meetings of the council and the committees thereof or for assuming or performing any additional duties.

(3) A council may provide for the payment of rea sonable allowances for travelling and for subsistence and out of pocket expenses incurred in attending meetings affecting the municipality, which shall be paid to members in the manner and at the rates provided by the resolution. Duties of Mayor 47.

(1) The mayor is the chief officer of the munici pality and shall (

a) preside at all meetings of the council whenever he is present, (

b) cause the laws governing the municipality to be executed, (

c) supervise and inspect the conduct of all officials of the municipality in the performance of their duties, (

d) cause all negligence and carelessness and violation of duty to be prosecuted and punished, as far as it is wi thin his power to do so, and (

e) communicate from time to time to the council all such information and recommend such measures tha t he considers will better the finances health, security, cleanliness, comfort, ornamentation and prosperity of the municipality.

(2) The mayor is ex officio a member of all boards associations, commissions, committees or other organiza: tions to which t?e council has the right to appoint members, pursuant to thIS Act and the mayor when in attendance, 24

possesses all the rights, privileges, powers and duties of other members, whether elected or appointed. Vacancies 48.

(1) The mayor of a municipality who has been ap pointed to his office by the council may resign his position as mayor while retaining his seat on the council.

(2) The mayor or any councillor may resign his seat at any time by giving written notice to the municipal secre tary who shall place the resignation before the next meeting of the council.

(3) A resignation takes effect and the seat becomes vacant upon the date the written notice of resignation is received by the municipal secretary. 49.

(1) When the 'Office of mayor be,comes vacant by death, resignation, forfeiture or otherwise, the council shall forthwith appoint one of the councillors to fill the position until the next general election, but a vacancy shall be deemed not to occur among the ,councillors by reason of the appointment unless the number of councillors remaining is reduced to the point where a by-election is required, in which event the appointment of a councillor to the posi tion of mayor is temporary until a by-election is held at which the vacancy in the office of mayor and any other vacancy on the council are filled.

(2) When a councillor is elected by the council to fill the office of mayor pursuant to subsection (1), then (

a) upon a mayor being elected by the electors, or (

b) upon the former mayor being reinstated in the office of mayor, the councillor so appointed reassumes his office as councillor if the term of his office has not then expired. 50. When ina municipality having a council of six or more members a seat or seats in the council become vacant by death, resignation, forfeiture or otherwise, the council shall make provision to fill the vacancy or vacancies by the holding of a by-election for that purpose except that (

a) during the two-year period immediately following a general election a by-election need not be held if there is only one vacancy on the council, and (

b) during the third year following a general election a by-election need not be held unless the number of vacancies on the council reduces the council to a number less than one more than the quorum of the council. 51.

(1) When a by-law to increase the number of coun cillors .is passed pursuant to

section 25 during the two-year period following a general election, a by-election shall be held to fill the vacancies. 25

(2) If the by-law is passed during the third year fol lowing a general election a by-election need not be held to fill the vacancies. 52. In a municipality having a .council of five members or less, the council shall provide for the filling of all vacancies which occur prior to the last six months of the term. 53.

(1) When the number of members of the .council required by this Act is for any reason not nominated or elected, the Minister (

a) may appoint some person or persons to fill the vacancies caused thereby, or (

b) may, for the purpose of filling the vacancies, direct that an election be held under The Municipal Elec tion Act, and appoint a returning officer for that purpose.

(2) Where the provisions of The Municipal Election Act cannot be conveniently applied to the election, the Minister may make regulations governing the time and conduct of and the procedure at or otherwise relating to the election. 26

PART 4 OFFICERS AND EMPLOYEES Municipal Secretary 54.

(1) Every ,council shall, at its first meeting after the formation of the municipality or as soon thereafter as may be practicable, by by-law appoint a municipal secretary and prescribe his duties.

(2) When a vacancy occurs in the office of municipal secretary, the council shall forthwith make arrangements to fill the vacancy.

(3) When a municipal secretary is appointed the muni cipality shall forthwith advise the Minister in writing of the appointment. 55. Notwithstanding any other duties the municipal secretary shal1 (

a) attend all regular and special meetings of the council and shall in the English language truly record in the minute book, without note or comment, all resolutions, decisions and other proceedings of the council, (

b) enter in the minutes of every meeting the names of the members of the council present at the meeting, (

c) transcribe into a suitable register and have custody of all by-laws and, having seen to their proper com pletion, preserve and keep safe the originals thereof, (

d) take charge of and keep on record all other books, papers, 'accounts, plans, maps, correspondence and any other documents committed to his charge by the council and deliver them to his successor or such other person as, the council may designate upon his ceasing to hold office, (

e) faithfully prepare and transmit to the Minister such statements and reports and such other information in regard to the municipality as may be required by the Minister and in such form as the Minister may direct, (

f) call special meetings or other meetings of the council in the manner provided in this Act, (

g) when required to do so by an inspector of the De partment of Municipal Affairs, produce the minute and other books and all papers and records of what soever kind in his possession, (

h) advise the Minister of the names and addresses of the persons elected as councillor and mayor within five days of the holding of any general or special election, and 27

(

i) have custody of the corporate seal of the munici pality. Treasurer 56.

(1) The council shall, by by-law, appoint a person to be treasurer and may, if it cons:iders it advisable, combine the duties of treasurer with those of another office.

(2) Unless the council otherwise directs, the treasurer (

a) shall collect, receive and safely kee~ ~ll ;moneys belonging to or accruing to the munIcIpalIty and issue or cause to be issued receipts therefor, (

b) shall deposit or cause to be deposited daily or as often as the council may direct all moneys received by him in a chartered bank or treasury branch designa ted by the council, (

c) may, with the approval of the council, authorize any department of the municipality to deposit di rectly the moneys it receives, (

d) shall pay all accounts which are a proper charge against the municipality and for which payment has been properly authorized either in the estimates of expenditure or by resolution of the council, and (

e) shall, unless otherwise provided by resolution of the council, together with the mayor or such other per son as the council may appoint, sign all necessary cheques. 57. The council by resolution may (

a) authorize the mayor and treasurer to issue each week, fortnight or month, as the case may be, a single cheque covering the municipality's payroll for depos:it to a payroll account upon which the wage cheques of municipal employees may be issued with the signature of the treasurer alone, (

b) authorize the treasurer alone to sign and issue cheques for refund of deposits, and (

c) authorize the treasurer alone to sign and issue cheques covering disbursements authorized under any plan of social welfare in force in the municipality. 58.

(1) The treasurer shall maintain such records as the council requires him to keep.

(2) The treasurer shall submit to the council monthly or at su~h other interval as the council may prescribe a cor rect statement of the moneys standing to the credit or debit of the municipality. 59. Any signatures required under sections 56 and 57 may be pri?ted, lithog~aphed or otherwise mechanically reproduced If so authOrIzed by resolution of the council. 28

GO. The treasurer may delegate to such other municipal official as he considers appropriate the right to disburse moneys from an imprest account. 61.

(1) The treasurer of every municipality, other than a city, shall complete and make ready for the auditor not later than January 15 in each year the books, records and accounts of the immediately preceding year.

(2) The treasurer of a city shall complete and make ready for the auditor not later than March 31 in each year the books, records and accounts of the immediately preced ing year. 62.

(1) Every municipality, other than a city, shall cause to be prepared by the first day of February an annual financial statement (

a) in the form prescribed by the Minister, or (

b) if no form is prescribed in a form acceptable to the council, of the financial transactions of the municipality of the immediately preceding year.

(2) Every city shall cause to be prepared the statement referred to in subsection (1) no later than the 15th day of April. 63.

(1) The treasurer of every city shall not later than the last day of May in each year and the treasurer of every other municipality shall not later than the last day of February in each year cause the financial statements or a synopsis thereof and the accompanying auditor's report to be published in such manner as the council considers advis able in order to give such information to the ratepayers concerning the financial affairs of the municipality as the council considers reasonable and proper.

(2) The council may provide for supplying of a printed copy of the abstract or auditor's report and may provide for the sale thereof at such price as the council may fix. Auditor 64.

(1) The council shall not later than April 1st in any year appoint one or more auditors to examine the finan cial statements of the municipality and of every administra tive body handling municipal funds and for which no statu tory audit provision is made.

(2) The appointment of an auditor may be effective from year to year, but no appointment shall be made for a period exceeding five years.

(3) The secretary shall (

a) in writing advise the auditor of his appointment within 30 days of the appointment, and 29

(

b) send a copy of the appointment to the Minister.

(4) If the council appoints a different auditor or auditors, it shall advise the former auditor or auditors in writing prior to April 1st of the appointment.

(5) A person appointed as auditor may be reappointed by a council at the conclusion of the five-year period re ferred to in subsection (2).

(6) Where the position of auditor becomes vacant by death, resignation or otherwise, the council shall forthwith appoint another auditor or auditors to fill the position.

(7) No person appointed as auditor shall hold any other office in the municipality of which he is the auditor. 65.

(1) The auditor has at all times the right of access to any and all of the records, including the books, docu ments, accounts, vouchers, receipts, investment securities, debentures and matured debentures paid of the municipality or other administrative body handling municipal matters or funds.

(2) The auditor is entitled to receive from members of the council, any administrative body handling municipal funds, or any official or employee of the municipality and any other person any information or explanation necessary for the performance of his duties. 66.

(1) The auditor shall make such ex;;!mination as will enable him to report to the council.

(2) The auditor shall make a report to the council on the financial statements of the municipality and shall state in his report whether in his opinion the financial statement referred to therein presents fairly the financial position of the municipality and the results of its operations during the immediately preceding year, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year.

(3) In addition to the examination and reports required by this section, (

a) the Minister or the 'council may at any time require such further examinations and reports from the auditor as may be considered necessary, or (

b) the auditor may on his own initiative make any further examinations or reports as he considers advisable, and in any such case the provisions of this

section apply mutatis mutandis. 67. The auditor in his report shall make such statements as he considers necessary in any case where 30 (a) ~he financial s~atement of the municipality is not In agreement WIth the ac~ounting records, or

(

b) the financial statement is not in accordance with the requirement of this or any other Act or by-law or resolution of the council, or (

c) he has not received all the information and explan ation he has required, or (

d) proper accounting records have not been kept so far as appears from his examination. 68.

(1) Prior to March 31st in each year all fidelity bonds or securities required under

section 82 for the faith ful performance of employees shall be produced to the auditor and he shall report any inadequacies therein to the council.

(2) The auditor shall, in his discretion, report in writing to the commissioners, the manager or the council and the Minister every defalcation or irregularity dealing with the assets, liabilities, accounts, funds or financial obligations of the municipality or any other administrative body of the municipality which come to his attention.

(3) The council shall upon receipt of a report under sub section (2) immediately take such steps as it considers necessary to recover any misappropriated or misused funds or to institute proceedings for prosecution or both depend ing upon the circumstances involved. 69.

(1) When any expenditure made or ,contemplated to be made is believed by the auditor (

a) to be lacking of proper authority under this or any other Act, or (

b) to be irregular, he shall forthwith notify in writing, or in his report, the commissioners, manager or the council, as he considers proper, of the lack of authority for the expenditure or the reasons he considers the expenditure to be irregular.

(2) Upon receiving a report under subsection (1) the council shall take such steps as it considers proper and necessary in the circumstances. 70.

(1) During the course or at the conclusion of his examination of the financial statements, the auditor shall cause to be sent out such number of notices as he considers adequate to persons shown in the records of the municipality to be indebted for (

a) arrears of taxes, and (

b) arrears of utility or other accounts.

(2) The notices referred to in subsection (1) shall con tain a statement of the amount of taxes or other amount owing by the person to whom the notice is addressed, to gether with a request that if the amount shown on the notice is 'incorrect the person shall immediately notify the auditor as to the discrepancy. 31

(1) In the case of all mu~ic.ipalities, except cities, the auditor shall forward to the MInIster not later than the 15th day of February in each year a copy of the financial statement.

(2) In the case of cities, the auditor shall forward to the Minister not later than the first day of June in each year a copy of the financial statement. 72. The council may authorize an auditor to perform additional duties of an accounting nature, as may be agreed upon. 73. Notwithstanding anything in this Act, no person is ineligible for appointment as auditor by reason only of his having or having had any interest in a contract for the supply of electronic data processing service to or for a municipality. Comptroller 74.

The council shall make provision for the proper main tenance of all books and records of the municipality and for that purpose may appoint a comptroller and designate his duties. Municipal Engineer 75. If a council appoints an official with the title of municipal engineer, he shall be a member of The Associ ation of Professional Engineers of Alberta. Municipal Solicitor 76.

(1) A council may retain a member of The Law Society of Alberta, in good standing, as the municipal soli citor on a fee basis, or may appoint a member of The Law Society of Alberta, in good standing, as the municipal . so!icito~ on a .full-time basis, in which event it may deter mIne hIS dutIes and remuneration and the terms of his employment.

(2) Notwithstanding that the remuneration of the muni C~p3J. soli~itor i~ paid wholly or partly by salary, the muni cIpalIty IS entItled to tax and collect lawful costs in all actions and proceedings to which the municipality is a party. Assessor 77.

(1) The ,council of every municipality shall appoint an assessor and prescribe his duties.

(2) When an assessor is appointed the municipal secre tary shall forthwith in writing advise the Minister of the appointment. 32

Other Officials 78. The council may provide for the appointment of such other of~icials as it considers necessary for carrying into effect thIS Act or any other Act affecting municipalites or any municipal by-law. 79. The council may by resolution appoint an assistant to any municipal official and the assistant has (

a) all such powers and duties as may be delegated to him by that official, and (

b) all the powers of the official during his absence or inability to act. 80.

(1) The council may by resolution appoint some per son to act in place .of any municipal official who is absent or is incapable of performing his duties, or during a tem porary vacancy :in the office.

(2) When a municipal official is absent or incapable of performing his duties .or during a temporary vacancy in the office, the municipal commissioners or the manager, if any, or the mayor may, in writing, appoint some person to act in place of any official until the next meeting of the council.

(3) During the period of the absence, incapability or vacancy, a person appointed under subsection (1) or (2) has all the powers of the official. 81.

(1) A municipal official, other than a commissioner or manager, holds office during the pleasure of the council or according to the terms expressed in the by-law or resolu tion by which he is appointed and upon his services being terminated except for cause, the council shall grant to that official one month's notice or one month's pay in lieu of notice ·and (

a) may grant up to three months' notice or three months' pay in lieu of notice, and (

b) in the event that that official has served for a period of at least 15 years, may grant him up to 12 months' or one year's pay.

(2) In addition to the duties assigned to him by this Act, or by the general law of Alberta, a municipal official shall perform such other duties as may be required of him by the by-laws or resolutions of the council. 82.

(1) The council shall require a municipal official or employee to give such security as is considered expedient for the faithful performance of his duties.

(2) The bonds or policies of guarantee of a corporation with power to grant securities, being bonds or polices for the integrity and faithful accounting of public office or 33

serva.nts or persons occupying positions of trust, may be accepted instead of or in addition t? the persona! bond of an official or employee and any premIums pa~able In respe~t of bonds and policies of guarantee shall be pald by the munI- cipality.

(3) Every member of a council wh? .knowingly permits !l municipal treasurer or any other offIcIal whom .the c?uncll has required to furnish a bond, to enter upon hIS dutIes or discharge his duties at a time when he IS ~ot bo~ded or guaranteed is, to the extent of the sum In whIch the treasurer or other official should have been bonded or guaranteed, jointly and severally liable for any default of the treasurer or other official, except only any councillor who appears by the minutes of the ,council to have voted in favour of a resolution prohibiting the treasurer or such other designated official from entering upon or discharging his duties at a time when he is not bonded. 83.

No member of the council is eligible for appointment to any municipal office other than that of mayor or deputy mayor or acting mayor. 84. All employees appointed by the council hold office during the pleasure of the council or as expressed in their appointment. ~_"c, ~ ~.,~I "7--,,!:;.;'~~·-i ~~;j'!.,;:.~-;;7Jcr,:~~~d~'T~~~l~~~e'F"~fr~~ 85.

(1) Every official of the municipality shall, before entering upon the duties of his office, make and subscribe the official oath prescribed by The Oaths of Office Act.

(2) The official oath subscribed shall within eight days be deposited in the office of the municipal secretary who shall preserve it among the municipal records. 86.

(1) The mayor may suspend any official or em ployee, other than a municipal commissioner or muni cipal manager, and he shall forthwith report the suspen sion and the reasons therefor to the council not later than the next meeting thereof.

(2) The council may reinstate the official or employee suspended or may dismiss the official or employee . .

(3) When the. suspended official or employee is dis mIssed by counCIl, the employee or official shall not receive any salary or remuneration from the date of his suspension by the mayor unless the council by resolution otherwise determines. "

(4) The council !ll~y by resolution, suspend a municipal manager or commlSSlOner, but shall give such official a written statement of the reasons therefor and afford such offici~l ;vith a reasonable opportunity to be heard before the councIl In person, or through his solicitor or agent.

(5) No municipal manager, commissioner, secretary, treasurer, secretary-treasurer or department head shall be 34

discharged without first being furnished with a written statement of the reasons therefor and the council shall afford such person a reasonable opportunity to be heard before the council in person, or through his solicitor or agent. Municipal Commissioners or Manager 87.

(1) A council may, by by-law, provide for the dele gation of any or all of its executive and administrative duties and powers to one or more municipal commissioners or to a municipal manager.

(2) The municipal commissioners or the municipal man ager, as the case may be, shall exercise the powers and duties set out in this Act, and such other powers and duties as may be vested, confirmed or delegated by by-law or by resolution of the council. 88. Where ,a by-law provides for the appointment of a commissioner or a manager he shall be appointed by and hold office during the pleasure of the council or according to the terms expressed in the by-law or resolution by which he is appointed and shall not be dismissed except upon a two-thirds majority vote of all the members thereof. 89. The mayor is ex officio a commissioner in addition to those appointed by the council. 90.

(1) No person having an interest in a contract with the municipality shall be appointed a municipal commis sioner or municipal manager, and neither the municipal manager or a municipal commissioner shall during his term of office, have an interest, direct or indirect in such a con tract.

(2) If a municipal commissioner or municipal manager, as the case may be, knowingly acquires such an interest, he may be immediately dismissed without notice and without compensa tion.

(3) No person is disqualified from holding the office of municipal commissioner or municipal manager by reason of his being a user or consumer of a public utility supplied by the municipality, or by reason of any dealing or contract with the municipality with reference to the supply of any public utility to him. 91.

The council shall fix the annual salary and fringe benefits, including pensions, sick leave and other pre requisites to be paid or provided for each of the municipal commissioners or to the municipal manager, as the case may be, and in the case of termination of the appointment of a municipal commissioner or the municipal manager, except for cause or pursuant to subsection (2) of

section 90, he shall receive three months' notice, or in lieu thereof, one- 35

quarter of his annual salary, except that when that official has served for a period exceeding 15 years, he may be granted not more than 12 months' notice or salary in lieu of notice, as the council may decide. 92. When a municipal commissioner or municipal man ager, as the case may be, is incapable through illness, ab sence or other cause, of performing the duties of his office, the council may appoint a substitute who during that ill ness, absence or other incapacity has and may exercise all the powers of the commissioner or manager. 93.

Unless the context otherwise requires, wherever in this Act or any other Act there is a reference to municipal commissioners or to their powers, the reference shall be deemed to be a reference to the municipal manager, or to the municipal commissioners, as the case may be, if any, and if there is no by-law providing for either munidpal comis sioners or a municipal manager~ the reference shall be deemed to be a reference to the mayor. Board of Police Commissioners 94.

(1) A council, by by-law, may provide for a board of police commissioners consisting of one or more persons to be appointed by the council.

(2) In case of inability to act for over two months due to absence from the municipality or illness of any person ap pointed by the council under subsection (1), the council may appoint a person to act during the inability of the member.

(3) The council may provide for the payment of a rea sonable remuneration to each member of the board for his services, or to any person appointed under subsection (2) to fill a vacancy.

(4) The council may by the same or another by-law provide for the indemnification of the board and of the members of it against all claims and actions arising out of the exercise of the powers granted to it pursuant to the by-law. 95.

(1) The 'council by by-law may prescribe (

a) the powers and duties to be exercised by the board, and (

b) the rules and regulations governing the proceedings of the board and the conduct of its meetings, and the board shall have sole charge and control of the powers and duties delegated by the council to the board. 36

(2) The by-law passed by the council may provide (

a) that the police force shall consist of a chief of police and as many constables and other officers and assistants as may be considered necessary from time to time by the board,

(b) (c) (

d) tha;t the board shall appoint the members of the polIce force, who shall hold office during pleasure, that the board shall have sole charge and control of the force and vf the police department, and that the board from time to time may make such regulations as it may consider expedient for the government of the force, for preventing neglect or abuse and for rendering the force efficient in the discharge of its duties. 96.

(1) If authorized to do so by by-law of the council the board may pass by-laws in respect of all matters withi~ its powers, and any such by-law shall be deemed to be sufficiently authenticated by the signature of the chairman.

(2) A copy of any such by-law, either written or printed, purporting to be certified a true copy by a member of the board shall be received in evidence in all courts without proof of the signature or official character of the member who signed it.

(3) Where the board has authority to make by-laws it may in and by such by-laws attach penalties for the infrac tion thereof, and such penalties may be recovered by way of

summary conviction before a magistrate of the munici pality or before a justice of the peace residing in or near the municipality.

(4) Where the board has the authority to make by-laws it may by by-law delegate to the chief of police the right to maintain discipline in the force by applying the penalties set in the by-law against members of the force guilty of breaches of duty or discipline or of the requirements of any rules applicable to the members of the police force either by fine or by additional duty or deprivation of off duty time.

(5) When a chief of police has imposed a fine for a breach of duty or discipline upon a member of the force he may direct that in absence of payment of the fine it may be deducted from the payment of the members in a lump sum or by instalments as the chief of police may direct. 97. Each member of the police force, before entering upon his duties, shall take and subscribe the official oath prescribed by The Oaths of Office Act. 98. Subject to the paramount authority of the board, the members of the police force (

a) shall obey all lawful directions and be subject to the orders of the chief of police, and (

b) are charged with the duty of preserving the peace, apprehending offenders and generally with the per formance of all duties that by law devolve upon peace officers. 37

(1) A member of the force may be suspended by the chief of police, who shall forthwith report the suspension to the board, or if there is no board, to the council.

(2) A member who is suspended or dismissed is entitled to be heard in person or through his agent before the board or the council, as the case may be.

(3) The board or the council, as the case may be, may dis miss or reinstate any member of the force suspended by the chief of police. 100.

(1) The board or the council, as the case may be, may investigate the conduct of any member of the police force either of its own motion or in connection with a charge of negligence or misconduct or in case of suspension.

(2) For the purpose of the investigation the board or the council, as the case may be, has all the powers and authority for compelling witnesses to attend and testify under oath concerning the subject matter of the investigation, for pre serving order and for punishing for contempt that may be exercised by a magistrate or justice of the peace in respect of criminal or quasi-criminal matters being heard before him. : ! I : J.:iillt. 101.

(1) Subject to the prior approval of the Lieuten ant Governor in Council, the council may enter into arrangements with the Government of Canada for the use or employment of the Royal Canadian Mounted Police, or any portion thereof, in policing the municipality and in enforcing the laws of the municipality, and may, in any such arrangement, agree upon and determine the amount of money to be paid by the municipa.lity for such services.

(2) Where a municipality enters into such arrangements sections 94 to 100 do not apply. 38

PART 5 POWERS AND DUTIES General 102.

(1) Every city, town and village shall at a place named by the council have an office within the corporate limits of the city, town or village.

(2) Every municipal district shall have an office at a place selected by the council. 103.

(1) The powers and duties imposed or conferred upon a municipality by this or any other Act are vested in and are exercisable by the council of the municipality.

(2) Except as provided in this or any other Act, a council may exercise and perform the powers and duties imposed or conferred on it either by resolution or by by-law.

(3) A council may exercise or perform by by-law any power or duty that is stated in this or any other Act to be exercisable by resolution. 104. 'The jurisdiction of a council is confined to the ter ritorial limits of the municipality and to any property owned, controlled or managed by the municipality outside its limits, except where further jurisdiction beyond the limi ts is expressly given to a council by this or any other Act. 105. Except as otherwise provided in this Act, every resolution or by-law shall be passed by a majority vote of the members present at any duly constituted meeting of the council. 106.

A by-law or resolution that is inconsistent with any Act in force in the Province or with the regulations made pursuant to such

an Act has no validity in so far as it is so inconsistent. 107.

(1) Every by-law shall be under the seal of the municipality and shall be signed by the mayor or person presiding at the meeting at which the by-law is finally passed and by the municipal secretary or by the person acting as municipal secretary at the meeting.

(2) In the event of the inability, neglect or failure of one or both of the parties named in subsection (1) to sign, the council by resolution in any particular case, may authorize such persons as it designates in the resolution to sign the by-law. 108. Every by-law shall have three distinct separate readings before it is finally passed, but not more than two readings of a by-lavu shall be had at anyone meeting unless 39

the members presel t unanimously agree to give the by-law third reading. 109.

(1) A by-law is valid and binding, notwithstand ing any lack of compliance with a provision of this Act (

a) either in substance or in form, or (

b) in the proceedings prior to the passing of the by-law, or (

c) in the manner of passing the by-law, unless an application to quash it is made within two months next after the final passing of the by-law.

(2) Notwithstanding subsection (1), in the case of a by-law requiring assent of the electors, where the by-law has not been submitted to, or has not received assent of the electors, an application to quash the by-law may be made at any time. 110.

Where any council has authority to direct by by-law that any matter or thing be done by any person, the council may also by the same or another by-law, direct that in default of its being done by the person, the matter or thing shall be done at the expense of the person in default, and the municipality may recover the expenses thereof with the costs, by action in any court of competent jurisdiction or in like manner as municipal taxes. 111.

A by-law or resolution passed by a council in the exercise of any of the powers conferred and in accordance with this Act, and in good faith, is not open to question, nor shall it be quashed, set aside or declared invalid, either wholly or partly, on account of the unreasonableness or sup posed unreasonableness of its provisions or any of them. 112.

(1) The council may repeal or amend 'any by-law, but when the by-law has received the assent of the electors the repeal or amendment shall be similarly assented to.

(2) Notwithstanding subsection (1), a by-law that has received the assent of the electors may be amended without reference to the electors, if the amendment does not ma terially affect the by-law in principle or in substance.

(3) No by-law relating to the procedure of the council when in session shall be repealed, amended or suspended, except so far as the terms thereof themselves permit, unless it is repealed, amended or suspended 40 (

a) by a by-law unanimously passed at a regular or special meeting of the council at which all the members thereof are present, or (

b) by a by-law passed at a regular meeting of council, pursuant to a notice in writing given and openly annoupced at t?e next preceding meeting of the counCIl and settIng out the terms of the substantial effect of the proposed by-law.

(1) The council may by by-law (

a) impose a penalty not exceeding $500, exclusive of costs, for contravention of any by-law and provide for reasonable punishment by imprison ment for any period not exceeding six months in case of non-payment of the fine and costs imposed for any such contravention, unless the fine and costs including the costs of commital are sooner paid, . (

b) provide that where the conviction is for the non payment of any licence fee payable to the munici pality under any by-law, the magistrate or justice may adjudge payment thereof in addition to the penalty, and (

c) enact the procedure for payment to the municipal treasurer or other person designated by the council of an amount fixed by by-law, being an amount which may be accepted by the municipality in lieu of proceeding with any punishment by way of pro secution for the contravention of any by-law of the municipality designated by the council.

(2) The council may enact a general penalty by-law for a contravention of any by-law or of any number of specified by-laws, and may impose a fine and costs and imprisonment in the case of non-payment of the fine and costs as set out in clause (

a) of subsection (1) and of the payment in addition to the penalty as set out in clause (

b) of subsection (1).

(3) A council may either in a general penalty

section in a by-law or in a penalty applicable to a contravention of a particular provision of the by-law provide for a minimum fine which shall be imposed by a court upon a conviction for a contravention of the by-law and may also provide for minimum and maximum fines which shall be applicable to second and subsequent offences. 114. A penalty and licence fee imposed under this Act, unless provision is specially made in respect thereof, may be recovered and enforced with the costs of

summary convic tion before a justice of the peace or magistrate. 115. A penalty or fine under any by-law of a munici pality if no other provision is made respecting it, belongs to and forms part of the general revenue of the munici pality. 116. Where a person is committed to gaol by reason of a contravention of a by-law of the municipality, there shall be charged to the municipality such part of the expenses paid by the Province for the transport of the person to gaol, and for his maintenance while there as may be desig nated by the Lieutenant Governor in Council. 41

117. The council may pass such by-laws as. are con sidered expedient and as are not contrary to thIS or any other Act, (

a) for the peace, order and good government of the municipality, (

b) for promoting the health, safety, morality and welfare thereof, and (

c) for governing the proceedings of ~he council,. the conduct of its members and the callIng of meetIngs. 118.

(1) Subject to the other p'r~visions of t~is Act, a council may pass a by-law authorIzIng the makIng of an agreement with the council of a~y ~ther mU,ni.cipality, the board of trustees of a school dIstnct or dIvIslOn or the lv1inister on behalf of any improvement district or special area (

a) for the joint construction, ownership, maintenance, operation or use of a public work or building, or (

b) for the performance of any other matter or thing considered by all the councils or boards, or the Minister concerned to be a benefit to their respective municipalities, school districts, school divisions, improvement districts or special areas, and may enter into an agreement as to the joint control and management of anything that concerns their respective municipalities, school districts, school divi sions, improvement districts or special areas.

(2) Where an agreement is entered into pursuant to sub section (1), the council may in the by-law (

a) appoint one or more of its members to be members of a joint committee with members appointed by the board of trustees of a school district or school division or by the councils of other municipalities or the appointee of the Minister on behalf of any improvement district or special area, and (

b) delegate to such joint committee power to construct, maintain, control and manage such undertaking, including the power to disburse the proceeds of de bentures or other funds used for the purpose of such undertaking,

(3) A committee established pursuant to subsection (2) may in each year requisition the council of each munici pality, the board of trustees of a school district or school division or the Minister for the proportionate share of the cost of operating the undertaking and expend any sums so requisitioned for the control, management, upkeep and oper ational expenses of the undertaking.

(4) A committee established pursuant to subsection (2) shall in each year furnish the council of each municipality, board of trustees of a school district or school division con cerned or the Minister with an audited statement of its receipts and payments for the preceding year and shall 42

also supply each council, board of trustees of a school dis trict or school division or the ]VIinister with such informa tion regarding its management and operation as is consid ered necessary. 119. Subject to this Act, a council may pass a by-law authorizing the making of an agreement with the Province for the maintenance, operation and use of a public work, building or campsite or for the performance of any matter or thing considered by the council and the Province to be a benefit to both parties. 120.

Where power is given to the municipality under this or any other Act to perform services or sell goods or lands, it shall be deemed to have and to always have had the same right as a private individual to take security for any debt owing to it and arising out of matters transacted in the exercise of such power. 121.

The municipality may acquire, hold and dispose of real or personal property offered or transferred to it in partial or complete settlement or payment of, or a security for, any lien or charge or any right to a lien or charge on any taxes, licence fee or other indebtedness owing to the municipality. 122.

(1) The council may provide for the submission to the electors or proprietary electors any municipal ques tion or plebiscite not specifically authorized by this Act, but over which a council has jurisdiction.

(2) The council may make such expenditure as it con siders necessary and advisable to provide information to the electors on any by-law or question that is to be sub mitted to a vote. 123.

(1) The council may by by-law appoint any board, association, commission or other organization that is con sidered desirable for the purpose of managing and oper ating or advising in the management and operation of any branch or department of the municipality's service and in the extension and improvement thereof.

(2) There shall not be delegated to any such board, association, commission or other organization the right to appropriate or expend any public moneys other than such moneys voted by the council as are necessary for the carry ing on of the management and operational functions of the orgalliza tion.

(3) The constitution, duties, powers and functions of the board, association, commission or other organization and all necessary provisions with reference to administration may be prescribed in the by-law or by-laws appointing it. 43

(4) If it is reported to the council that any person ap pointed by the council as a member of any board, associ ation, commission or other organization has been absent from three consecutive meetings of that organization, the council may terminate his appointment and may appoint another person in his stead, and council may terminate the appointment of any member at any time for cause. 124. When any personal property acquired by a munic ipality for any purpose authorized by this Act is no longer required, the municipality may dispose of it and until the property is sold, may rent or lease it. 125.

No property owned by the municipality under the authority of this or any other Act is liable to seizure by way of distress for rent. General Government 126.

(1) The council of a city may and every other muni cipality shall provide for the holding of an annual meeting of the electors for the discussion of municipal affairs.

(2) If an annual meeting is held in any year, it shall be held not later than March 31 and notice of the meeting shall be given by causing it to be (

a) mailed at least 16 clear days before the date of the meeting to each resident of the municipality, or (

b) published in an issue of a newspaper circulating within the municipality once a week for two suc cessive weeks, the last of which shall be published not less than seven clear days prior to the date of the meeting.

(3) At the time and place set out in the notice, the mayor, secretary-treasurer and the chairmen of the various com mittees shall attend and submit to the meeting their respec tive reports for the year ending on the 31st day of Decem ber.

(4) The mayor shall cause to be read to the meeting the latest municipal inspector's report on the affairs of the municipality. 12!. ~1) A c.ou~cil may acquire lands or any interest thereIn eIther WIthIn or without the municipality for any purpose authorized by this Act . .

(2) The acquisition ~ay be made by purchase, lease or lIcence, or by exproprIation and acquisition may by the t~rms t~er~of be .permanent, temporary or conditional, eIther WIthIn or WIthout the municipality.

(3) Not~ithstan~ing subs~ction (1), before acquiring any land or Interest In land, sItuated outside the boundaries 44

, of the municipality, the council shall obtain the approval of the council of the municipality in which the land is situated.

(4) If the approval of the council of the municipality in which the lands, or any interest therein are situated cannot be obtained, the council of the municipality shall submit the ma~ter to the ~ocal Authorities Board for its approval, WhICh may he gIven under such terms and conditions as the Board may decide.

(5) If the Local Authorities Board refuses to give ap proval, the council may not acquire the land or interest therein.

(6) A council may acquire by gift, either (

a) from the Crown in right of Canada, in right of Alberta, or from the Soldiers' Settlement Board, or from the Department of Veterans' Affairs, any land situated within or without the municipality, and (

b) from any other person lands that are situated with in or without the municipality, and free at the time of transfer from all encumbrances whatsoever.

(7) Subject to the provisions of this Act respecting the acquisition of land outside a municipality, the council may by by-law authorize the acquisition of (

a) lands within or without the municipality for the purpose of subdivision and building sites, (

b) subdivided lands within or without the municipal ity for resale as building sites, and (

c) lands previously used as military establishments by purchase or lease from the Government of Canada or the Government of Alberta.

(8) Any parcel of land a'cquired pursuant to subsec tion (6) shall, if assessable, continue to be assessed from the date of acquisition by the municipality and the taxes payable to the municipality and to any school district that collects its own taxes in respect thereof, shall continue to be charged against the parcel of land, and in case the parcel is sold or leased, the proceeds of the sale or lease shall be dealt with and distributed in the manner prescribed by The Tax Recovery Act.

(9) If (

a) in the opinion of the Public Utilities Board the taking of any portion of any parcel could be unfair, unj ust or discriminatory with respect to the owner thereof, and ' (

b) the owner of the land agrees to the municipality taking the entire parcel, the Board may require that the municipality take the entire parcel and pay compensation therefor. (10) 'Vhere the council is of the opinion that the munici. pality can obtain at a more reasonable price or obtain 45

greater advantage by acquiring the whole or a greater por tion of any parcel, of which a part may be expropriated by the municipality, the municipality may take the whole or the greater portion of the parcel.

(11) Lands acquired pursuant to this

section may be sold. leased or otherwise disposed of in whole or in part and 'in such manner and at such times and under such terms and conditions as the council by resolution from time to time may prescribe. 128.

(1) Where the council is empowered to acquire any land or any estate or interest therein either by purchase, expropria tion, gift or other manner other than pursuant to The Tax Recovery Act or

section 24 of The Planning Act, the council may hold, conveyor dispose of the land or estate or interest in the land in any manner that the council considers to be advisable or expedient.

(2) The disposal of any land or estate or interest in land as authorized by subsection (1) does not require the assent of the electors except that the council does not have power (

a) to dispose of its estate in any land acquired for a public park, public recreation grounds or exhibition grounds, or (

b) to sell to any person lands. buildings or portion thereof at any sum less than what is the fair actual value thereof at the time of sale, or (

c) to rent or lease to any person any lands, buildings or portion thereof at a rent less than a fair rental value except where the leasing is to a school, wel fare organization, community service club or other organization if, in the opinion of the council, the school, welfare organization, community service club or other organization is carrying out or pro poses to carry out activities beneficial to the muni cipality, or (

d) to dispose of or to devote to any other purpose lands, buildings or portion thereof that have been dedicated to the municipality bv gift for a specific purpose, when such lands or buildings have been accepted by the municipality for that specific pur pose without advertising the disposition and the provisions of

section 311 relating to the requirement of submitting the matter to a vote of the uroprietary electors apply mutatis mutandis to the disposition, sale or rental of the land.

(3) The proceeds of the sale of lands or the revenue from lands may be appropriated by the council as if the proceeds or revenue or money was raised by general rates for gen end municipal purposes. ( 4 ) Notwithstanding the foregoing, a council may sell, rent or lease to the Crown in right of Alberta, a munici- 46

pality, a school district, a school division, a public junior college or a university, lands or buildings, or any portion thereof, at a sale price of less than the fair actual value thereof at the time of sale or at rental of less than the fair rental value thereof. 129. A council may (

a) authorize the acquisition or construction of any building required for any municipal purpose, in cluding the housing of any municipal official or for any business or other operation which the municipality may be authorized to conduct, (

b) construct or acquire a building with floor space which is greater than is necessary for the accommo dation of the municipal services required and may lease or rent any surplus floor space not required for the municipal services, and (

c) rent, lease or purchase any buildings for the pur .. pose of providing public rest and reading rooms or other public accommodation and shall, in the event of so doing, make regulations for the conduct and main tenance of them. 130.

(1) If the council desires to acquire land, either within or without the municipality for any purpose author ized by this Act, or required for municipal public use or in connection with any plan of development whether under taken solely by the municipality or in conjunction with any person or for the purpose of preventing the working of any mine within, upon or under any portion of the land within the municipality or for the purpose of improving any land owned by the municipality, the municipality shall first negotiate with the owners and occupiers of such land or other persons interested therein for the acquisition of the land by agreement and in case it cannot acquire the land at an acceptable price by agreement, the municipality may take steps to acquire the land by expropriation pursuant to The Exprop1'iation Procedure Act.

(2) In this Act uplan of development" means a develop ment scheme pursuant to The Planning Act but does not include an urban renewal scheme under The Alberta Hous ing Act. 131. The municipality shall make due compensation to the owners or occupiers of, or other persons interested in, any land taken by the municipality in the exercise of any of the powers conferred by this Act, and shall pay dam ages for any land or interest therein injuriously affected by the exercise of such powers, and the amount of such dam ages shall be such as necessarily result from the exercise of such powers beyond any advantage that the claimant may derive from the contemplated work. 47

132. Any claim for comp~n~at~on for lands taken or damages in respeet of lands InJ urlOusly affected shall be deemed appurtenant to the land and passes by any transfer or conveyance thereof. 133. 'iVhere the land to be taken is required for t~~ op~n ing, extending or widening of any highway the ~unIcIpal~ty shall also deposit copies of the plan of survey In the offIce of the Registrar ·of the land registration dist:ict within which the municipality is situated, and the RegIstrar shall receive and preserve the plan in like manner as railway plans are received and preserved under The Railway Act. 134.

(1) Where through agreement with the owner, a council acquires land for the purpose of a highway, road, street, lane, bridge, culvert, ditch or drain, title to the Ian? may be vested in the city, or in the case of any other munI cipality, the Crown in right of Alberta, by filing in the proper land titles office (

a) plans of survey in accordance with

section 133, and (

b) an affidavit of the municipal secretary setting forth a description of the land, and stating that agreement has been reached with all the owners thereof as to the land to be acquired and the price to be paid, and it is not necessary to register a transfer to that land.

(2) A municipality is not entitled to mines and minerals in any land vested in it pursuant to this

section and the title to any mines or minerals is not affected by the filing of any plan of survey pursuant to this section. 135.

(1) Notwithstanding anything in this Act, where in the exercise by a municipality of any of the powers con ferred on it by this Act the municipality, in the erection or construction of a municipal work or structure, causes dam age to an owner or other person having an interest in land immediately adjacent to the land upon which the municipal ity erects or constructs the work or structure by reason of loss of or permanent lessening of use of the land of that owner or other person, the person sustaining the damage is entitled to compensation therefor and may at any time after the damage has been sustained with within 60 days after notice has been given ina newspaper of the completion of the work or structure in respect of which the damage is sustained, file with the municipal secretary a claim for damages in respect thereof, stating the amount and parti culars of his claim.

(2) The notice of the completion of the work shall be ¥iven by the municipal secretary forthwith after the person In charge of the work or undertaking has given his final certificat€ and shall state the last day on which any claim under this

section may be filed. 48

(3) If the municipality is not able to agree with the claimant as to the amount of compensation or damages, the compensaion and damages shall be settled and determined by the Public Utilities Board, and the amount so awarded shall be paid to the claimant by the municipality. ( 4) The amount payable for damages under this

section shall not exceed the amount of the difference between (

a) the appraised value of the property prior to the exercise by the municipality of any of the powers conferred on it by this Act, and (

b) the appraised value of the property after the exer cise of the powers referred to, together with an amount of not more than 10 per cent of the amount of the difference as so determined.

(5) This

section does not apply to any damages caused by (

a) the construction of boulevards or placement of dividers down the centre of a highway, street or lane for the purpose of chanelling traffic, or (

b) the restriction of traffic to one direction only on ,any highway, street or lane.

(6) Any claim under this

section that is not made within the period hereinbefore limited is forever barred and extinguished. 136.

Except where -coal mining rights are acquired to prevent the working of a coal mine within, upon or under any portion of land within the municipality, the munici pality is not entitled to any mines or minerals whether solid, liquid or gaseous that may be found to exist within, upon or under the land vested in the municipality by expropri ation proceedings and the title to mines and minerals is in no way affected by the registration of the conveyance or transfer of the land or of the order of the Public Utilities Board vesting title to the land in the municipality. 137.

The council may grant 'any officer or employee who has been in the service of the municipality for 10 years who, while in such service has become incapable through age or illness of efficiently discharging the duties of his office, a sum not exceeding his aggregate salary for the last three years of his service as a gratuity upon his dismissal or resignation. 138.

(1) The council, by by-law, may set up, contract for and maintain a pension or superannuation plan or a benefit fund either alone or in conjunction with any nation al or provincial plan for the benefit of (

a) civic employees or any group thereof, or (

b) members of the police force, or 49

(

c) employees of the fire department, or (

d) employees of the hospital board, or (

e) employees of the library board, or (/) employees of the exhibition board or association, or (

g) employees of any other board or commission auth- orized pursuant to this Act, or all or any of them, and for the benefit of their depend ants or any of them may classify the employees affected or any group thereof, as to age or otherwise, as may ~e considered expedient, and may make adherence and contrI bution to the plan or fund compulsory or optional as to all employees or any group or class thereof.

(2) Any such pension or superannuation plan or benefit fund may require such contributions on the part of the members or employees and on the part of the municipality, as the council in its discretion may provide in the by-law, and the council may deduct the contributions of the members or employees from their salaries.

(3) A by-law passed under this

section shall be deemed not to be a money by-law. 139.

(1) The powers conferred upon the council by

section 138 may be exercised either alone or jointly with the boards of trustees of school districts situated wholly or partly within the municipality in respect of their non-teach ing staffs, the libra.ry board, the hospital board, the exhibi tion board or other board or commission authorized pur suant to this Act or with anyone or more of them, each of the parties acting for and assuming responsibility only in respect of its own employees.

(2) A joint agreernent made pursuant to this

section may provide that any party thereto may withdraw therefrom subject to such conditions as may be specified in the agree ment. 140.

(1) Where the municipality establishes a pension or superannuation plan or a benefit fund, the money pay able therefrom to an employee or to his estate, whether by way of annuity, death benefit or otherwise (a,) is not assignable, and (

b) is not subject to garnishee proceedings or attach ment or seizure, except in respect of failure of the employee to account for public money or to pay a debt due to the municipality. (2) Subsection (1) does not apply in respect of (

a) a refund of money from a pension or superannu ation plan, or (

b) a refund of money from a benefit fund, to a~ ~mp}oyee on termination of his employment with the munIcIpalIty and before qualification for pension, super annuation or benefits. 50

(1) The coun,cil may invest any surplus money standing to the credit of the funds in any of the invest ments authorized for insurance companies by the Canadian and British Insurance Companies Act (Canada), as amend ed from time to time, and may sell, assign or transfer such securities and reinvest the proceeds thereof or any part of the proceeds in like sec uri ties.

(2) The council, by by-law, may appoint trustees to carry out the provisions of subsection (1) and to keep an account of the investments for and on behalf of the pension or super annuation plan or fund.

(3) The council or the trustees, as the case may be, may borrow from any person or bank such sums as the council or trustees consider necessary to meet the obligations of the funds and may give as security for the loan any invest ments or other assets held to the credit of the funds. 142.

(1) The ·council, by by-law, may set up, contract for or otherwise institute a scheme of insurance for the pur pose of insuring all or any 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 con tributions on the part of the members or employees, and on the part of the municipality, as the council in its discretion may provide in the by-law, and the council may deduct the contributions of the members or employees from their salaries.

(3) A by-law passed under this

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

(4) For the purpose of such a scheme of insurance the council may with the consent of the Local Authorities Board exercise the corporate powers of an insurance company pursuant to The Alberta Insurance Act which will enable the insurance to be provided without being sub ject to the limitations provided by

Part XIV of that Act. 143.

(1) The council by by-law approved by the Lieu tenant Governor in Council may adopt a crest or coat of arms for the municipality.

(2) A person who, without the authority of the council, assumes or uses the crest and coat of arms of the munici pality, or any heraldic emblem so nearly resembling it as to be calculated to deceive, is guilty of an offence and liable on

summary conviction to a fine of not more than $50 for every day during which the offence continues. 144. The council may provide for taking the census of the municipality. 145.

(1) The council, may, with the approval of the Local Authorities Board, exercise such powers of an insur- 51

ance company pursuant to The Alberta Insurance Act as will enable the council to establish and maintain a plan of insurance to cover losses that may occur to the property of the municipality by reason of fire and other occurrences and to cover the municipalitity's legal liability to others arising out of accidents and oC,currences, and to adjust and settle any loss, whether on a strictly legal basis or otherwise.

(2) The council may do all things necessary for the proper conduct and handling of the business of insurance, including re-insurance of any of such risks as may be covered by such plan with any insurance company lawfully authorized to deal in re-insurance risks.

(3) The council may make application for incorporation of a company to be known as "The .................... Municipal Insurance Company Limited" or such other similar name as council may choose, and may provide for setting aside the necessary capital therefor from time to time and for depositing with the Government any money or security that The Alberta Insurance Act may require and for other wise complying with all the provisions of The Alberta In surance Act. 146.

The ,council may pay for or towards the reception or entertainnlent of guests, travelling or other expenses incurred in respect of matters pertaining to or affecting the interests of the municipality or the celebration of events or matters of national interest or importance. 147. The council may pay for or towards the diffusion of information respecting the advantages of the munici pality as a manufacturing, business, educational or resi dential centre. 148.

(1) Immediately after the preparation of the esti mates as required by

section 85 of The Municipal Taxation Act, the council of a municipal district (

a) shall cause to be prepared a report or reports in the prescribed form setting out the works of a public nature and are recommended to be under taken throughout the municipal district, and (

b) for that purpose may appoint such person or per- sons as the council by resolution determines. .

(2) UP?ll receipt of the recommendation, the council at Its dIscretIon shall determine the works that will be under taken, an~ the amount that will be expended thereon and by resolutIon shall authorize the location of the work~ and the amount of the expenditures in connection therewith.

(3) In determining the work to be undertaken and the amoun ts . t? be e;cpe?ded thereon the council shall consider the munICIpal dIstrICt as a single unit, and shall not con- 52

sider electoral divisions as a basis for the distribution of expenditures on public works and no accounts of a municipal district shall be charged or maintained against electoral divisions.

(4) Except in a case of sudden and urgent necessity, no public work shall be undertaken or expense incurred in connection therewith until the resolution authorizing the expenditure has been passed by the council as provided by subsection (2).

(5) No grant by the province to a municipal district to be expended on public works therein shall be disbursed until a resolution as required by subsection (2) has been passed by the council, unless the Province in making the grant otherwise directs. .

(6) A grant by the Province to a municipal district to be expended on public works therein (

a) shall not be distributed for expenditure on the basis of electoral divisions, (

b) shall be deposited in the general revenue fund of the municipal district, and (

c) shall form a part of the funds estimated to be ex pendedas provided by subsections (2) and (3). 149.

(1) Any elector may at all reasonable times inspect (

a) any contract, account or by-law, (

b) any report of the commissioners or of any com mittee or of any official of the municipality after it has been submitted to the council. other than an opinion or report of the municipal solicitor or of any counsel engaged by the municipality, and (

c) the minutes of council, after they have been adopted by the council, and the municipal secretary shall within a reasonable time after demand by an elector furnish him with copies of any such documents or parts thereof at the rate of 50 cents per 100 words, each figure to be counted one word or at a rate of $1 per reproduced page or part thereof of any such docu ments.

(2) Any elector may at all reasonable times inspect any audited report or abstr~~t thereof, and may by himself or his agent and at his own expense take a copy thereof or extracts therefrom. Protection to Persons and Property 150. The council may by by-law make provision for the regulation of any matter or thing for the protection of life or property. 53

151. The council of a city, town or village may pass a by-law authorizing the entering into of an agreement with any person for the provision of weather modification services. 152. The council may pass by-laws (

a) for preventing. drunkenness, .swe!lring, ~bscene, offensive, insultIng language, flghtlI~g or dIsorder ly conduct on or near and street or In or near any public place or building within the municipality, or in any place to which the public has access, (

b) prohibiting the sale of firecrackers or fireworks to persons under the age of 21 years, (

c) regulating the firing off of firecrackers or fire works, and (

d) prohibiting the discharge of guns or other fire arms in any specified part or parts of the mun icipality. 153.

(1) The council may delegate to the mayor or to a committee composed of members of the council the power (

a) to declare a state of peacetime emergency or dis .. aster, and (

b) to take immediate action to deal with a peacetime emergency or disacter in the municipality.

(2) When a peacetime emergency or disaster occurs, the mayor or committee authorized to deal therewith, may with out further authorization, take such steps as are considered necessary to protect life and property of the municipality and its residents, and for that purpose may expend money of the municipality for any purpose considered necessary in the circumstances.

(3) In dealing with a peacetime emergency or disaster under this section, the mayor or committee, as the case may be, may co-operate with the council of another municipality, the board of a school division or district, or with any Min ister, department or agency of the Government of Alberta or of Canada.

(4) When a state of peacetime emergency or disaster is declared under this

section and measures are taken to deal therewith, no mayor, councillor or person appointed to carry out the measures is personally liable in respect of damage caused through any action taken by him. 154. (1) the council may pass a by-law (

a) regulating the time after which children shall not be in a public place at night without proper guard ianship, and (

b) designate the age or apparent age of boys and girls to whom the by-law applies. . 54

·

(2) A ~hild to whom the by-law applies who is found in a public place after the time so fixed may be warned to go home by a peace officer and if after the warning the child refuses or fails to go home he may be taken to his home or to a shelter by the peace officer.

(3) A parent who permits his child to contravene the by law is guilty of an offence and liable upon

summary convic tion (

a) for a first offence to a fine of $5, (

b) for a second offence to a fine of $10, and (

c) for a third or subsequent 'Offence to a fine of $20, and in each case in default of payment to a term of im prisonment of not more than three months. 155. The council of a municipality may pass by-laws: (

a) for the prevention or extinguishing of fires the preserva tion of life and property and the prote~tion of persons from inj ury or destruction by fire; (

b) for the prevention of prairie or running fires and the enforcem

Document details

Collection	Alberta — Bills
Citation	L16 S1 4474
Type	bill
Volume / chapter	L16 S1 4474
Language	en
Format	json
Source	PROVINCIAL
Identifier	cd2cb3951484c28ab418df65ccf56e381da3a151

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