Bill 102 (Legislature 15, Session 1)

L15 S1 1681

Alberta — Bills

No. 102 1st Session, 15th Legislature, Alberta 12 Elizabeth II BILL 102 A . Bill to amend The 'City Act HON. MR. HOOKE Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton. Alberta. 1~64

Explanatory 'Note I. This Bill amends The City Act, which is

chapter 42 of the Revised Statutes. 2. (

a) The definition of "hawker" or "pedlar" is amended to include the selling of services as -well as merchandise. (

b) The definition of "improvement" is amended to remove tanks from the particular class of improvements mentioned in subclause (iii). (

c) The definition of "transient trader" is amended to include the selling of services as well as merchandise.

Section 7a, which deals with determining residence for the purpose of establishing municipality liability for assistance under various Acts is amended by removing references to repealed Acts.

Section 39 subsection (3), clause (

a) presently reads: "

(3) Subject to the provisions of subsection (2), no alderman shall receive any remuneration, emolument or other payment In respect of his 'services on behalf of the city, except (

a) such sum as may be fixed by the councll for each meeting of the council, and for each meeting on other occasions of any committee of the council, that he has a..ttended during the year, or such annual sum for ~s duties as may be fixed by ~~~ .. ~~~«7~". S.

Section 40 presently reads: "40. The mayor or any a.:lderman may resign his seat in the counen at any time upon written notice to the ctty clerk, who shall place the same before the council at its next meeting, and the resignation takes effect and the seat becomes vacant upon the da.te fixed by the counell, or if no date dsfixed, upon the date tbe councll concurs therein.".

Section 98 sets out the cases when the receipt of money from a city does not disqualify a person from being a member of the city council. Subsection (2) Pfohibits a council member ~rom voting on questions touching property in: which' he has an Interest. . .

BILL No. 102 of 1964

An Act to amend The City Act (Assented to , 196J,,) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The City Act is hereby amended.

Section 2 is amended (

a) as to clause (

i) by adding after the word "mer chandise" wherever it occurs the words "or services, or both,", (

b) as to clause (11) (

i) by adding in subclause (

i) after the word "structure" -the words "or tank", (ii) by striking out of subclause (

i) the words "in cluding tankage used exclusively for storage purposes," , (iii) by striking out of subclause (iii) the words "tankage used exclusively for storage pur poses," and by substituting the word "tanks,", (

c) as to clause (cc ) by striking out the words "mer chandise other than" and by substituting the words "'llerchandise or services other than".

Section 7 a is amended by striking out subclauses (iii), (iv) and (

v) and by substituting the following: (iii) The Juvenile Court Act, or (iv) The Alberta Hospitals Act,

Section 39, subsection (3), clause (

a) is amended by striking out the words "committee of" and by substituting the words "committee or board appointed by or responsible to".

Section 40 is amended by striking out the words "council concurs therein" and by substituting the words "resignation is placed before the council".

Section 98 is amended . (

a) as to subsection (1) by adding the following clause:

Section 131 reads: "131.

(1) If a candidate ceases to be a resident of the city or dies after being nomina ted and before the close of the poll the returning officer shall fix new days for the nominatio.n of candJIdates and for polling.

(2) The pOlling day to be fixed by the returning officer shall be the nearest practicable day after six days from the date of the new nomination day.

(3) The returning officer shall notify the city clerk of the cause o.f the postponement of the election.". 8. A new

section is added stating who may administer oaths to persons required to take oaths before they can vote.

Section 204, subsection (1), clause (

a) presently reads: "204.

(1) At any time within fifteen days from the time of the declaration of the result of the election by the returning officer under

section 192, any elector may apply to a judge by notice of motion for a recount, after such elector has (

a) med an affidavit with the clerk of the court that the returning officer or any deputy returning officer or other o.fficer in counting the votes given at the election has improperly counted or rejected any ballot papers and that his action has materi8l1ly affected th!'; result of the election, and ............. 10. Subsection (2) of

section 294 is struck out as it is not necessary because of sections 268 and 268a. II.

Section 318, subsection (2) prevents a city from selling land for less than the fair actual value without the assent of the electors. Subsection (4) presently reads: 2 "

(4) For the purposes of education and notwithstanding clauses (

b) and (

c) of subsection (2), a city council may, without the a.saent of the electors, sell, rent or lease to the Crown in the rig.1}t of the Province to a school district or to the University o.f Alberta. 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 a renta.l of less than the fair rental value thereof ....

Section 332, clause (

e) presently reads: "332. The council may pass by-laws providing for (

e) uniting in the formation of a municipal hospital district under the provisions of The Alberta Hospitals Act. ".

(

h) of the receipt by him of a gratuity or allowance for service on a committee or board appointed 'by or responsible to the council. (b) -by adding the following subsection after subsection (2) :

(3) When a mayor or alderman is not entitled to vote by virtue of subsection (2), he shall so declare before discussion of the question and shall not par ticipate in the debate and the abstention shall be recorded.

Section 131 is repealed. 8. The following

section is added after

section 154: 154a. The officer presiding at a polling place, and a poll clerk when acting in the place of the officer presiding or appointed to preside at a polling place, is by virtue of his office authorized to administer an oath toa person making a declaration, affidavit or other statement under oath that is authorized or required by this Act to be made in the course of the holding of an election or of the taking of a vote pursuant to this Act.

Section 204, subsection (1), clause (

a) is amended by striking out the words "and that his action has materially affected the result of the election".

Section 294 is amended by striking out subsection (2).

Section 318, subsection (4) is amended by adding after the word "education" the words "or charitable works".

Section 332, clause (

e) is amended by striking out the word "municipal". 2

Section 350 l'resently reads: "350.

(1) The crou.neil of any city may control and regulate a.ll buslnesse's carried on within the city and may license any or aU such businesses, whether or not su.ch businesses are spec1flcally provided for in this Act.

(2) The council may appoint one or more licence inspectors and regwlate and defline their du.ties and their remuneration.".

Section 359 is amended to clarify the power of cities to fix standards for persons engaged in certain trades. 15. A reference to another Act is brought up to date. 18. A reference to a repealed Act is removed. 3

1S.:

Section -:350 is struck out and 'the following is sub stItuted: 350. (

l) The council of any city may contro'! and regulate all businesses carried on within the city and may license any or all such businesses, except transient traders, (

a) whether or not the business is one mentioned else where in this Act, and (

b) whether or not the business has a business premises within the city.

(2) For the purpose of this

section a business includes any business, trade, occupation, employment or calling.

(3) The council may appoint one or more licence inspect ors and regulate and define their duties and their remunera tion.

Section 359 is amended (

a) as to clause (

a) by striking out the words "journeymen, plumbers" and by substituting the words "journeyman plumbers, master plumbers", (

b) as to clause (

b) by striking out nthe : words "journeymen. electricians" and :by substituting the words "Journeyman electricians, master electric-ians", . .. . - (

c) by strilting .out clause (

c) and by substituting the fOJlowi~g: (

c) regulating ~nd licensing' gas fitters and steam fitters and providing for inquiry into the qualifications of gas fitters and steam fitters and establishing:.a board for the examination of journeyman' gas fitt~rs and steam fitters, master gas fitters and steam fitters, foremen, overseers or managers using the tools of the trade and desiring to engage in the work of gas fitting and steam fitting in the city and fixing the fees for such examination and authorizing the examining board to grant or refuse cer tificates of qualification; (

d) as to clause (cl) by striking out the words "journeymen, plasterers" and by substituting the words "journeyman plasterers, master plasterers".

Section 385 is amended by striking out the words liThe Town and Rural Planning Act" and 1}y substituting the words liThe: P'[,an'lJting ·Act~' • . . ·16~ .. ;Section 38.6, subsecti,on (1), clause (

d) is amended by striking out the words", subject to ·the provisions of The Factories Act,". 3

17. The mlnlmUm period of time to be given a landowner to remove a building in ruinous or dilapidated condition is re duced to 1 month and the period of notice of· the hearing is reduced to 2 weeks. A new subsection (4a) is added which is self-explanatory. 4

Section 453 presently reads: "453. The city. its officers, agents and servants, shall be deemed to have the like· protection in the exercise of its and their reSIPectlve offices and the execut,ion of its and their duties as public officers have under the laws I)f the Province ....

Section 457, SUbsection (2) presently reads: "

(2) In the case of property that 1s exempt from taxation, the interest of a person who is (

a) a purchaser of tbe property under a bona. fide a.greement for sale. or (

b) an occupant under a lease, licence or permit but not an occupant in possession of the property in an otflcia.l capacity on behalf of a person exempt from taxation. is liable to assessment and taxation by the city unless that person is himself exempt from taxation ....

Section 458, subsection (9) presently reads: "

(9) Notwithstand.fng anything in this Act, where under a Bonin. by-law land is zoned for some use other than Its actual use, the assessor . s'J:lall. until such time as tbe land is used tor the purpose for which It is zoned, assess the land as it the Bonin'" had n- taken place....· . • "'"

Section 389 is amended (

a) as to subsection (2) by striking out the words "three months" and by substituting the words "one month", (

b) by adding the following subsection after subsection (4) : ( 4a) If the proceeds from the sale of the building, structure or erection, after the deduction of any taxes owing thereon, are insufficient to meet the cost of demolition or clearance of the site, or if no proceeds are realized from the demolition and removal of the building, structure or erection, the council may charge the cost of the work done against the owner of the land on which the building, structure or erection was located and recover the cost as a debt due to the city or charge the cost against the land concerned as taxes due and owing in respect of that land and recover the cost as such. (

c) as to subsection (5) by striking out the words "one month's" and by substituting the words "two weeks' ".

Section 453 is amended by adding after the words "its officers," the word "officials,".

Section 457 is amended by striking out subsection (2) and by substituting the following:

(2) In the case of land or an improvement that is exempt from taxation, the interest of a person who is (

a) a purchaser of the property under a bona fide agreement for sale, or (

b) an occupant of the property under a lease, licence or permit, is liable to assessment and taxation by . the city and the interest of that person in the property shall be assessed in the same manner as if he were the owner of the property unless that person is himself exempt from taxation.

(3) Clause (

b) of subsection (2) does not apply with respect to (

a) an occupant in possession of the property in an of. ficial capacity on behalf of a person exempt from taxation, or (

b) an occupant of property owned py a municipality.

Section 458 is amended by striking out subsection (9) and by SUbstituting the following:

(9) N otwithstandjng anything in this Act, where an action takeri pursuant to The Town and Rural Pla.nning Act or The Planning Act has the effect of prescribing 4

Section 459 is amended to provide a standard effective date for a ·by-Iaw providing for a reduced assessment on land held for .. · development purposes.

Section 464, subsection (1) presently reads: "464.

(1) The council of a city by by-law may in any year .adopt the whole or any part of the assessment roll of the current year as the assessment for taxation purposes for tile .succeeding year, but no such by-law shall be passed In more than six consecutive years .... .

Section 270, subsection' (1) lists the information to be set out in the assessment roll.

Section 479, subsection (2) reads: "(2) 'rule business aSSe&S:Illent and business tax provided for in this Act is not affected by 8Jlything contained in The CorporaUons Taxation Act or in a,ny other Act. ...

Section 491 presently reads: "491. Upon completion of the assessmentroU the assessor shall ,att8!ch thereto a certificate signed by him and verified by 80Ilemn declaration before toe city clerk in Form 33 in the Sohedule .... 26. ·Section 492 presently reads: . "492. Within ten days at,ter completl:ng the roll the assessor shall publish in each newspaper pubUshed In the city a notice in Form 34 in the

Schedule .... 27 ..

Section 493, subsection (1) presently reads: "493.

(1) When any assessment roll has been duly prepared the assessor forthwitb. shall mai:l to every person whose name appears on that 1'Ioll, other th8Jl those persons especially provided for by

section 468, an assessmellit slip which shall contain a copy of 80 much of the assessment roll a's pertains to the property of such person, and shall also contain a-copy of the notice in Form 34 In tbe

Schedule .... 5

(

a) for land used for residential purposes, or (

b) for a parcel of land twenty acres or more in extent and used for agricultural purposes, some use other than its actual use, the assessor shall, until such time as the land is used for the purpose designated assess the. land according .to its residential or agricultural use, as the case may be.

(10) Where land is not subject to an action taken under The Planning Act, or no actual use is rbeing made of the land, the assessor shall assess the land in accordance with subsection (5).

Section 459 is amended by adding the following sub section:

(4) A by-law passed pursuant to this

section comes into force on the first day of January of the year following the passage of the by-law.

Section 464, subsection (1) is amended by adding after. the words "city by by-law" the words ", passed· not later than the thirty-first day of August,".

Section 470, subsection (1) is amended by adding after clause (

c) the following clause: (c1) the name and post office address of the holder of each special franchise liable to assessment,

Section 479 is amended by striking out subsection (2).

Section 49i1 is amended by adding after the words "assessment roll" the words ", other than a supplementary business assessment roll,".

Section 492 is amended by adding after the word "roll" the words ", other than a supplementary business assessment roll,". 2'1.

Section 493 is amended (

a) as to subsection (1) by adding after the words "When any assessment roll" the words ", other than a supplementary business assessment roll,", (

b) by adding the following subsection after subsection (1) : (1a) As a supplementary business assessment roll is prepared, the assessor shall mail to every person whose name appears on that roll, an assessment slip which shall contain a copy of so much of the roll as pertains to the business of that person and if that 5

Section 502, which provides for an appeal to the court of revision is amended. 6

Section 512, subsection (2) presently reads: "

(2) AU RlPpeals in connection with any assessment roll shall be detennined. within ninety days after the oomp,letion of the assess ment roll by the assessor. or within such f'ul"ther .time as may be authorized by resolution of the counci,l. and nO appeal shall be heard afte·r tl}e expiration of such time. except as otherwise ex-pressly pro vided for by this Act ....

Section 544, subsection (1) clauses (

n) and (

u) read:· "544. (1) 'Dhe following property is exempt from taxation: (

n) the property vested in any llbrary board established under provisions of The Public Libraries Act; (u)prope11ty exempt f·rom assessment and taxation under The Mobille Ho~es Licensing Act • ••• ·It •••••• • • 31. Self-explanatory.

person desires to object to the business assessment he may within twenty-one days from the date of the mailing of the notice lodge his complaint in writing with the city assessor and the appeal shall be heard at the next regular sitting of the court of revision.

Section 502 is amended hyadding the following sub section:

(3) Before an appeal is heard from a person who is not the owner or purchaser of the assessed property, there shall be deposited with the court of revision the sum of three dollars in respect of each parcel or improvement to which the appeal relates, and in the event of the appeal being allowed, the sum deposited shall be returned to the de positor, otherwise it shall form part of the general revenue of the city.

Section 512 is amended by striking out subsection (2) and by substituting the following:

(2) All appeals in connection with-,any assessment roll shall he determined within one hundred and twenty days after the completion of the assessment roll.

Section 544, subsection (1) is amended (

a) as to clause (

n) by striking out the word "Public", (

b) by striking out clause (u). 31. The following

section is added after

section 583: 583a.

(1) When a sewer is to be built to serve one or more parcels in an area where the development thereon will generate such a quantity of sewage that the existing sewers of the area cannot meet the need although the existing sewers can take care of the existing sewage require ments in the area, the council by by-law may establish a uniform charge per frontage foot for any parcel herein described for a period of not more than twenty-five years or may require that such sum be prepaid.

(2) Other parcels in the area that do not connect to the new sewer shall not be assessed or charged by reason of its existence until the owner requests connection and then shall be assessed and charged for the period of not more than twenty-five years or on a prepayment basis as the by-law so provides.

(3) Nothing in this

section shall be deemed to authorize any parcel to be charged in any year a uniform charge per frontage foot for more than one sew~r., 6

Section 620, subsection (1) , clause (b) , subclause (ii) presently reads: "620.

(1) The council may pass by-laws for borrowing, by thelsaue of debentures upon the credit of the oity &t Ila.rge, the money required to meet the whole or any part of t~e CQsts Qr estimated costs Qf &111' local improvement, but (

b) it is not necesary to obtain the assent of the proprietary electors to the passing Qf (11) & by-law fQr raising the oost Qr estimated cost to be bome by the city at large for an extensiQn Qf & Q'8tem of sewerage Qriginally constructed a.s a loca.l imprQvement, or ............ ............ ".

Section 652, subsection (2) presently reads: "

(2) NO' debenture shall be Issued after the explra.tion of four years from the final passing of the by-law authoriztng the 1e8u .....

Section 718, subsection (2) appears to be now meaningless. Subsection (2) reads: "

(2) Nothing in this Act deprives any city of the rights anI! privi leges conferred by The Industries Assessment Act Qr any Qther Act ,Qr statute Qf the PrQvince respect'ing the encoura.gement of IndU8try ....

Section 742, subsection (1) states that Edmonton continues to be bound by The Edmonton Strathcona Amalgamation Act. 38. Commencement of Act. 7

Section 620, subsection (1), clause (

b) is amended by striking out subclause (ii) and by substituting the follow ing: (ii) a by-law for raising the cost or estimated cost for an extension of a system of sewerage or of water mains, originally constructed as a local improve ment, or

Section 652, subsection (2) is amended by striking out the word "four" and by substituting the word "six".

Section 718 is amended by striking out subsection (2)~

Section 742 is amended by adding the following.sub- section: . ( 4) N otwi thstanding subsection (1), the council of the City of Edmonton, without the assent of the electors,'may register a subdivision plan for Block 45 Allendale which will include as Lot 3-R, containing 13.87 acres more or less, land to be used only for public park purposes by the city and this Lot 3-R will represent the park land grant made to the City of Strathcona November 14, 1911 by Elizalbeth Allen, comprising Blocks 48 to 51 and Blocks 54 and 55, Plan 35'53-P containing lots with a total area of 13.86 acres more or less. 36.

This Act comes into force on the day upon which it is assented to and upon so coming into force sections 19 and 20 shall be deemed to have been in force at all times on and after the thirtieth day of October, 19,63. 7

No. 102 FIRST SESSION FIFTEENTH LEGISLATURE 12 ELIZABETH II 1964 BILL

An Act to amend The City Act Received and read the First time Second time ..................................... . ~ird time ....................................... . HON. MR. HOOKE Title: 1964 (15th, 1st) Bill 102,

An Act to amend The City Act

Document details

Collection	Alberta — Bills
Citation	L15 S1 1681
Type	bill
Volume / chapter	L15 S1 1681
Language	en
Format	json
Source	PROVINCIAL
Identifier	d1a1ede047a3f055405204bf3c800b85b82a0f4d

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