Bill 30 — The Municipal Government Amendment Act, 1973 (Legislature 17, Session 2)

L17 S2 5164

Alberta — Bills

1973 BiH lto Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 30 The Municipal Government Amendment Act, 1973 MR. ZANDER First Reading .............................. . Second Reading ............................. . Third Reading .. Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 30 Mr. Zander BILL 30 1973 THE MUNICIPAL GOVERNMENT AMENDMENT ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with the advke and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The IJlunicipal Government Act is hereby amended . .8.

Section 7 is amended (

a) as to subsection (1) by striking out the words ·'by petition" and by substituting the 1Do1'd.~ "by a peti tiO'n to be presented to a council", (

b) as to subsection (4) by striking out the words ", in accordance with subsection (2),".

Section 10, subsection (1), clause (

b) is amended by striking out the words "in the summer village".

Section 14 is amended by adding the following new subsection after subsection (5):

(6) When an O'rder is made to increase the number of electoral division in a municipal district, the council shall forthwith proceed to make all necess:ary arrangements for the nomination and election of a councillor or councillO'rs to' fill the vacancy or vacancies created.

Section 29, subsection (2) is amended by adding the following after clause (e): ( e1) of his perfO'rming work for or providing a service to the municipality in the case of an emergency and for which he is paid normal rates for the wO'rk or service provided, or

Section 30 is amended by adding the following after subsection (3):

(4) This

section dO'es not apply to a member of a council by reason only of his being a member of the board of directors of a foundation or association formed for the purpose of sta'ging British Com,monwealth Games.

Explanatory Notes I. This Bill will amend

chapter 2'46 of the Revised Statutes of Alberta 1970. 2.

Section 7(1) reads in pa~t: 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 con tain an accurate and identical statement 'Of the purpose and objectiv.es of the petitiQn and Subsection (4) reads:

(4) Every petition shall' be filed with the municipai secretary whQ shall, in accordance with subsection (2), compute the number of peti tioners that have signed the petition and determine the sufficiency thereof. 3.

Section 10(1)(

b) reads: 10. (l)AIl the provisions 'Of this Act ,that apply to villages apply to summer villages, except that in a summer village (

b) an annual meeting for the discussion 'Of village affairs shall be held in the summer village on the third Saturday in .July, 4. Self-explanatory. 5.

Section 29(1) lists matters that disqualify a council member from office. Subsection (2)(

e) reads: (2) Subsection (1) does not apply tQ a pers'on by t:,.eason only (e) 'Of the sale 'Of gQods, merchandise or services to the municipality or to persons contracting with the municipality and made at c,ompetitive prices by a dealer in those gO'ods, merchandise or s'ervices incidental to' and in the ordinary course of his business, 'Or G.

Section 30 prohibits members of a municipal council from voting on ,certain matters in which he has a personal interest or involvement.

Section 31, clause (

b) is amended by striking out the 'Words "declare him to be disqualified, or may". 8. The following new

section is added after

section 45: 45.1 N"otwithstanding any other provision of this Act, a council may by by-law, under such terms and conditions as it considers appropriate, delegate to a municipal official authority to enter 'into contracts for the purchase or hire for municipal use of goods, machinery or equipment and the services connected therewith.

Section 53 is amended by adding the following new subsection after subsection (3):

(4) Where all the seats on a council become vacant through death, resignation or for any other reason, the Minister may by order appoint a person to act as official administrator of the municipality who thereupon has all the powers and duties of a council including the power to hold an elect:on for the purpose of filling all vacancies then existing on the council. 10. The following new

section is added after

section 56: 56.1 A council, by by-law, may provide that the duties and responsibilities of the office of the municipal secretary and the treasurer be combined into one office to be desig nated as the municipal administrator and a person ap pointed to that office may under the title of municipal ad ministrator do anything that by this or any other Act is to be done by the municipal secretary or the treasurer. 11. SecUon 90 is arnended by adding the following after subsection (4):

(5) This

section does not apply to a person by reason only of his being a member of the board of directors of a foundation or association formed for the purpose of staging British Commonwealth Games.

Section 91 is an7,ended by striking out the word "pre requisites" and by substituting the word "perquisites".

Section 126.1 is arnended by striking out subsection (2) and by substituting the following:

(2) The petition referred ,to in subsection (1) has no effect unless the number of electors who have signed the petition equals at least (a) 3 per cent of the population of the municipality as determined by the latest census, 'in a municipality having a population of 10,000 or more persons, or 2

Section 31 reads: 31. Where a member of a council is not qualified under

section 29 or 30 ttO 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 resolution, declare him to be disqualified, or may apply to a judge for an order de claring his seat vacant. 8. Power given to delegate authority to enter into certain con tracts. 9. Appointment of ,administrator when all council seats vacant. 10. The offices of municipal secretary and treasurer may be combined with the name municipal administrator. II.

Section 90(1) reads: 90.

(1) No person having an interest in a contract with the municipal ity shall be appointed a municipal commissioner or municipal manager and neither the municipal manager or a municipql commissioner sh'lll, during his term of office, have an interest, direct or indirect, in such a contract. 12. A typographical error is corrected.

Section 126.1 (1) provides for a petition for a public meeting. Subsection (2) presently reads:

(2) The petition referred to in subsection (1) shall be signed by at least (a) 5 per cent of the electors in a municipality having a population of 10,000 or more persons, or (b) ]0 per cent of the electors in a municipality having a population of less than 10,000 persons but more than 1,000 persons, or (c) 15 per cent of the ejectors in a municipality having a population of 1,000 persons o'r less. 2

(b) 5 per cent of the population of the municipality as determined by the latest census, in a municipality 'having a population 'of less than 10,000 persons but more than 1,000 persons, or (c) 7 per eent of the population of the municipality as determined by the latest census, in a munici pality having a population of less than 1,000 per sons. 14. The following new

section is added after

section 126.1 : 126.2

(1) If a petition is submiHed to the council for a by-law dealing with any matter within its legislative jurisdiction, the council shall cause a by-law dealing with the subject matter of the petition to be prepared and read a first time.

(2) The petition referred to in subsection (1) has no effect unless the numher of electors who have signed the petition equals at least (a) 3 per cent of the population of the municipality as determined by the latest census, in a munici pality having a population of 10,000 or more per sons, or (b) 5 percent of the population of the municipality as determined by the latest census, in a municipality having a popUlation of less than 10,000 hut more than 1,000 persons, or (c) 7 per cent of the popUlation of the municipality as determined by the latest census, in a municipality having a popUlation of 1,000 persons or less.

(3) Within four weeks after receiving the petition, the council shall publish the proposed hy-law once a week for two consecutive w,eeks in at least one newspaper circulating within the municipality and shall make provision to sub mit the by-law to a vote of the electors.

(4) The proceedings upon a vote under this

section shall be the same, as far as practicable, as those provided in The Municipal Election Act for voting on money by-laws.

(5) If the majority of the votes polled is in favour of the by-law, the by-law as submitted shall be finally passed by the council within four weeks of the voting thereon without any alteration being made therein affeding the substance thereof.

(6) This

section does not apply to matters or proc:eed ings under

Part 7.

Section 127, subsection (3) is amended b?J adding after the words "interest in land" the words "(other than an option to acquire land or an interest therein)". 3

14. A new sedion is added to enable electors to petition the council to introduce a by-law and submit it to a vote of app:r.oval by the eledors. IS.

Section 127 (1) and (3) read: 127.

(1) A ('ouncil may acquire lands or any Interest therein either within or without the municipality for any municipal purpos,e.

(3) Notwithstanding subsection (1), before acquiring any land or in terest in land, situated outs'ide the boundaries of the muni<lipality, the council shall obtain the apP'X'oval of the council of the muni<lipality in which the land is situated. 3

Section 156 is amended (a) (

b) as to clause (

f) by striking out the wo'rds "in any defined area" and by substituting the words "in the municipality or any defined area thereof", as to clause (

k) by adding after the words "Na tional Fire Code of Canada 1963" the words "or a successor Code" . .

Section 161 is anwnded by striking out clause (

c) and b lJ substituting the following: (

c) prohibiting or regulating the running at large of dogs and cats, or either of them, and (

i) providing for the impounding 'Of dogs and cats, or either, running at large and for the killing, sale or 'Other disposition of impounded dogs and :cats if not claimed from the pound within a specified time 'Or if the claimant does not comply within a specified time with such con ditions governing pay,ment of costs and ex penses and removal from the pound as the by law may provide, (ii) :Classifying dogs and cats for licensing pur poses, and (iii) prescribing a tariff of licence fees to be paid by pers'Ons owning, poss'essing or harbouring dogs or cats, which fees may vary as between the different 'Classificati'Ons 'Of dogs and of cats,

Section 195 is a1'nended (

a) as to subsection (1) (b) (c) (

i) by adding after the words "the medical health officer of the municipality" the words "or any person authorized by the hoard", (ii) by striking out the words "requiring the pre mises to be put jn proper sanitary c'Ondition" and by substituting the words "requiring the premises to be brought up to the reauirements of the regulations of the ProvinciaI' Board of Health made under The Public Health Act", as to subsection (3) by striking out the words "to put t~e I?remises in a ,~.anit~ry condition" and by subst'ttut,!ng the words to brIng. the premises up to the requIrements of the regul'a hons of the Provin cial Board of Health made under The Public Health Act", as to subsection (4-) by striking out the words "until put in proper sanitary 'condition" amd bJl substitut- 4

Section 156 (

f) and (

k) read: 156. FQr the prevention or extinguishing of fires and f~r the preser vation of life and property from injury or destruction by fIre,. the coun cil may pass by-laws providing for any ,or all .of the followmg: (

f) the prevention of structural alterations to any existing building, if the existing building does not conform in structure toO the building and fire regulations governing construction in any de fined area; (

k) adopting and oo'nstituting the Na~i~nal Fir~ ~ode .of Canada 1963, with the exception of any speCIfIed prOVISIOns ,thereof .or any modification of that code, either in place of or in addition to any regulations made under any ,other clause of tl).is' sectiQn;

Section 161(

c) which authorizes by-laws for dog control is extended to apply to cats. 18.

Section 195(1) reads: 195.

(1) If the local board of health for the municipality, or the med ical health officer, or any pe,rs'on authorized by them upon due examina tion is satisfied that any building, enclosure .or structure .or portion thereof, has for any reason become or is unfit for the purpose for which it was used, .or that it has become unsanitary or a nuisance or in any way danger,aus to the health of the occupants or neighbors, the medical health officer of the municipality may issue a no,tice addressed to the owner of such premises or the agent or person in charge .of the premises or all of them, requiring the premises to be put in proper sanitary con dition. or if the board sees fit, ,requiring the occupants too quit and close up the premises within such time as the board considers reasonable. 4

ing the words "until brought up to the require ments of the regulations 'of the Provincial Board of Health made under The Public Health Act".

Section 206 is amended (

a) as to subsection (1) by striking out clause (e), (

b) by adding the following after subsection (1)

(1.1) The council may pass by-laws providing for grants to other non-profit organizations which the council considers are entitled to grants to prDvide for activities and events which the council considers are of benefit to the municipality and may make all regulations, conditions land prDvisions with respect thereto.

(1.2) A payment made by a council to any or ganization that is performing a legislatively requir ed function of the municipality shall not be consid ered a grant for the purpose of this section.

Section 207, subsection (2) is amended (

a) by striking out the word "'and' at the end of clause (

d) and by adding the word "and" at the end of clause (e), (

b) by adding the following new clause after clause (e): (

f) making grants to community associations and community leagues that are providing recrea tion and community services to residents. 21. The following new

section is added after

section 209: 209.1

(1) A council may pass by-laws designating all Dr any part of the municipality as a "'re .. development area".

(2) A by-law under subsection (1) shall not be finally passed until a synopsis thereof has been published at least once in a newspaper circulating within the municipality and a publie hearing on the by-law is held.

(3) The public hearing referred to in subsection (2) shall be held within four weeks of the date of the last publiration of the synopsis of the by-law and notice of the hearing shall be given concurrently with or subsequent to the pUblication of the synopsis of the by-law.

(4) A by-law under this

section may provide for the levy of a development charge against developments under taken in a re-development area for the purposes of pro viding for it: (

a) new or expanded park facilities; (

b) new or expanded school grounds; 5

Section 206(1) reads: 206.

(1) The council may pass' by-laws providing for grants (

a) to any hospital, (

b) to any charitable organization, (

c) to sufferers from any calamity anywhere in Canada, (

d) to religious and educational organizations, and (

e) to other organizations which the council considers entitled to such grants, and may make all regulatio'ns, conditions and provisions with respect .thereto. 20. Seotion 207(2)(

e) reads:

(2) Without restricting the generality of subsection (1), the council may pas,s by-laws (

e) making grants in aid to playground associations. 21. The cost of providing additional public facilities in areas being re-developed may be recovered by special levies on property being redeveloped. 5

(

c) new or expanded playgrounds or recreation facili ties.

(5) The development charge referred to in subsection ( 4) may be imposed by (

a) a levy not exceeding $500 a unit on each new self contained dwelling unit constructed, or (

b) a levy not exceeding 50 cents a square foot of the total gross floor area of eaeh new building cal culated on the basis of the external dimensions of the building, or (

c) a levy not exceeding 10 per cent of the market value of the land being developed.

(6) The rates referred to in subsection (5) may vary between one class of development and another.

(7) A levy imposed under this

section may be imposed only once and at the time an application for a development perm:t is received by the municipality.

Section 224 is amended (

a) as to subsection (2) by str'iking out clause (

b) and by substituting the following: (

b) limit the number of taxi licences which may be issued in the municipality having regard to the population thereof ,or the area to be served therein or by any other means the council con siders to be just and equitable, (bl) limit the number of taxis which may be operat ed in any area or district of the municipality, (b2) limit the number of vehicles that may be used by a person in the taxi business, (b3) licence each taxi separately without regard to the ownership thereof, (b4) require taxis owned or operated by or for the same person to be identified as the by-law may require or to adopt a specified paint or other means of identification on all of them, (

b) by striking out subsection (4-) and by substituting the following:

(4) A council, by by-law or resolution, may dele gate the power to (

a) one or more officials, or (

b) a taxi commission established pursuant to sub- section (5), to make any decision under this

section but a person affected thereby may 'appeal any such decision to the council. 6

Section 224(2){

b) and (4) presently read:

(2) Without restricting the generality of the foregoing the council may pass by-laws to (

b) limit the number of v·ehicles' that may be used by a person in the taxi business,

(4) A council may delegate by by-law or resolution the power to one olr more officials to make any decision under this

section but a person affected thereby may appeal any such decision to the council. 6

(5) A council, by by-iaw, may establish a commis sion to. be known as the taxi commission (

a) which shall be composed of such number of resi dent electors as the council selects including, if it seems desirable, such members of 'council or officials of the municipality as are considered appropriate, and (

b) which may exercise any power or make any decisions which the council may make pursuant to this

section as the by-law provides.

Section 240 is amended by adding the following new subsection after subsection (1):

(1.1) In any by-law passed pursuant to this section, the council may provide for (

a) controlling, restrieting or preventing cranes, hoists or other apparatus used in the construction or de molition of buildings being projected or swinging over public thoroughfares, (

b) controlling, restricting or preventing persons serv icing the outside of buildings being suspended over public thoroughfares, and (

c) requiring the furnishing of bonds, insurance or other guarante'es cons1dered appropriate by the council fo.r the protection of persons who may be injured by reason of cranes, hoists or other ap paratus extending over or persons being suspended above public thoroughfares and indemnifying the municipality in respect thereto. 24. The following new

section is added after

section .242: 242.1

(1) In this section, (a) "municipal services" means all or any of the works that may be undertaken as a lOCial improvement pursuant to The Municipal Taxation Act which pro vide service directly or indirectly to the land being developed; (b) "off-site cost levy" means a levy imposed to pro vide for expansion of water supply, treatment and storage facilities, sewage treatment and disposal facilities, or any or all of them.

(2) A council m·ay pass by-laws (

a) providing for the imposiUon of an off-site cost levy on undeveloped land that is to be developed for residential, commercial, industrial or other pur poses, and (

b) authorize the entering into of agreements with the owners or purchasers of that land for the provision 7

23. Councils given authority to regulate construction equip ment being operated over public thoroughfares. 24. A new secltion is ladded to permit municipalities to impose a levy for municipal services in areas subject to development. 7

of municipal service to the land and for the pay ment of the off-site ,cost levy imposed on that land.

(3) The agreement shall ,contain the te'rms and condi tions of development and shall provide the details of the off-s.ite cost levy.

(4) An off-site cost levy shall not ex-ceed (a) $500 for each unit 'of housing provided, or (b) 50 cents a square foot of the total gross floor area of each unit of housing or other building calculated on the basis of the external dimensions of the building, or (c) $2,000 an acre on the gross acreage of the lands being developed.

(5) The municipality shall provide to the owner or pur chaser a notice of the off-site cost levy prior to the entering into of any agreement.

(6) Any person whose property is affected by an off site cost levy may, within 14 days of receipt of notice of the levy, appeal in writing to the development appeal board of the municipality or, where no development appeal board is established, to the council.

(7) The development appeal board or oouncil, as the case nlay be, shall 'hold a hearing of each appeal and in determining the appeal it may confirm, reverse or vary the off-site cost levy. (8) 'iVhere the owner or purchaser fails, neglects or re fuses to pay the off-site cost levy imposed on his land, the municipality (

a) may cause the levy to be added to the tax roll as a charge 'against the lands of the owner or purchaser concerned in the same manner as taxes and with the same priority as to lien and to payment thereof as is the case of ordinary municipal taxes, or (

b) may refuse to issue development or building per mits until the owner or purchaser has entered into the agreement or paid the levy.

(9) An off-site cost levy may not be imposed on land within a re-development area designated under

section 209.1.

Section 253, subsection (1), clause (

a) is amended by striking out the words "and 'are" and by substituting the words "that 'are".

Section 270 is amended by striking out subsection (1) and by substituting the following: 270.

(1) A council, with the approval of the Public Utilities Board, may 8

25. A typographical error is corrected. 26.

Section 270(1) is revised to make it clea'rer that the 20 year limit applies to the contract as well as to the special franchise. 8

(

a) enter into a contract with a person undertaking to provide the municipality and its residents with a supply of all or any of the following, namely, tele phones, transportation, light, power, natural gas, artificial gas, water and heat, and (

b) confer a special franchise upon that person in re spect to the subject matter of the contract, for any period not in excess of 20 years.

Section 271 is struck out and the following

section is substituted: 271. A council, with the approval of the Public Utilities Board, may enter into a contract with any pers'On to supply light, P'Ower, natural gas, artificial gas 'Or water to the municipality for the use of the municipal public utiHty for any period not in excess of 20 years.

Section 272 is amended (

a) by striking out subsection (1) and by substituting the following: 272.

(1) An application for approval by the Public Utilities Board of any contract, together with any special franchise conferred in respect thereto, entered into pursuant to

section 270, subsection (1) or secti'On 271, or pursuant to a municipal charter, or any renewal 'Of such a contract or special fran chise, shall be made to the Board prior to or forth with after the first reading 'Of the by-law. (

b) as to subsection (2) by adding after the words "Any such contract" the words "entered into pursuant to

section 270, subsection (1) 'Or

section 271", (

c) as to subsection (2) by striking out clause (

a) and by substituting the following: (

a) that no such contract or special franchise con ferred in respect thereto may be altered 'Or re newed without the approval of the Public Utilities Board, (a1) that any renewal may be for a period not ex ceeding 10 years fr'Om the expiration of the contract, and (

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

(3) If any such contract is not renewed on Or be fore the expiration of the original term, or of any renewal thereof, or if the council does not complete the purchase of the subject matter thereof, then the contract continues in effect until such time as either 9

Section 271 is revised for greater clarity.

Section 272 presently reads: 272.

(1) Application for the approval by the Public Utilities Board of any spedal franchise or other contract entered into pursuant to

section 271 or pursuant to a municipal charter, O'r any renewal thereof as her·e inafter provided, shall be made to the Board prior to or forthwith after the first reading of the by-law.

(2) Any such contract, whether or not it contains an express pro vision to that effect, is subject to the following c.onditions, namely, - (

a) that at or before the exptration of the term thereof, and after the expiration of the term if the contract has been continued in force under subsection (3), the contract may be renewed for a period not exceeding 10 years' f!'lom the date of the renewal and so on from time to time with such alterations, if any, as may be agreed upon by the parties and approved by the Public Utili ties Board, and (

b) that, if either party refuses to renew ,the contract, or if the parties fail to agree as to the conditions of the renewal, then the C'ouncil, subject to the consent of the Public Utilities Board, may purchase all the rights of the contractor in all matters and things under the contract and in all apparatus and property used for the purposes the'reof, f,or such price and on such terms as may be agreed upon with the contractor in all matters and things under the contract and in all apparatus and property used for the purposes thereof, for such price and on such terms as may be agreed upon with the contractor, ·or failing such agreement, then for such price and on such terms as' may be fixed and set tled by the Public Utilities Board on .the application of either of the parties.

(3) If any such contract is not renewed on or before the expiration of the original .term, or of any renewal thereof, by express agreement of the parties as' aforesaid, or if the council does not complete the pur chase of the subject matter thereof as hereinbefo,re p'rovided, then the contract continues in full force and effect until such .time as either party terminates it on six months' written notice given to' the other with the approval of the Public Utilities Board.

(4) When pursuant to this or any other Act, an area is or has been heretofore incorporated as, or annexed to, or included in a municipality, a spedal franchise with respect to the area, or a contract fo·r the supply 'of light, power, natural gas or water to persons resident in the area, that has been conferred or entered into by the governing authority previous ly having jurisdiction in the area and that has become operative therein shall be deemed to have been conferred or entered into on its original date by the council .of the new municipality and to have become oper ative therein and

section 271 and this

section apply, the necessary changes being made, to the special franchise or contract. 9

party, with the approval of the Public Utilities Board, terminates it on six months' written notice given to the other. (

e) as to subsection (4) by striking out the wo'rds "section 271" and by sUbstituting the words "sec tions 270 and 271".

Section 277 is amended by renumbering the

section as subsection (1) and by adding the following new sub section:

(2) A council which operates a public utility may by by-law delegate to a municipal official (

a) the power to do any of those things which the council may by by-law or resolution do pursuant to subsection (1), subject to such restrictions or limit ations as the by-law may provide; (

b) the power to make binding contracts with its cus tomers for the services of the public utility.

Section 282, subsection (1) is amended by adding after the words "For the purpose of" the words "con ducting sampling tests or".

Section 295 is amended by adding after the words "where there is a sufficient" the words "plant capacity or".

Section 297 is amended by renumbering the

section as subsection (1) and by adding the following:

(2) Notwithstanding subsection (1) or any other pro vision of this or any other Act, if it is necessary 'Or expedient to acquire easements or other rights in land or to enter into any other type of agreement in order to enable or assist a municipality in the placing of any installation in connection with a public utility operated by the municipality, the coun cil may direct or approve the assumption of liability by the municipality caused by the break of any public utility main, service pipe, line, power cable or attachment or for the breaching of any ditch or for any accident due to the operation of the public utility by the municipality.

(3) Where a municipality has assumed or purported to assume liability under the circumstances as set out in subsection (2) before subsection (2) came into force, the municipality shall be deemed to have had full authority to do so.

Section 310, subsection (1) is amended by adding after the words "to meet the" the words "current operating". 10

29. Authority is given for a council to delegate its powers in connection with the operation of a municipal public utility. 30.

Section 282 (1) presently reads: 282.

(1) For the purpose of inspecting, repairing or placing meters upon any service pipe or connection within or without any house or building as is consideded expedient, an official authorized by the muni cipality for that purpose shall have free access, at prop,er hours of :the day and upon reas,onable notice given and request made, or, in the case of the written authority of the mayor given in respect of the special case, without notice, to· all parts of every building or other premises in which water, telephone, gas, electricity ·or heat is delivered and con sumed .or that is served by a sewer.

Section 295 presently reads: 295. Where the mUnicipality has constructed any public utility and where there is a sufficient supply thereof, the municipality shall supply, upon such terms as the council considers advisable, any building within .the municipality and situated upon land lying along the line of the public utility, upon the supply being requested by the owner or occupant or other person in charge of the buildings.

Section 297 presently reads: 297. The municipality is' not liable for damages, (

a) caused by the break ,of any public utility main, service pipe, line, power cable or attachment, or for the breaching of any ditch, or (

b) caused by the interference of any supply of any public utility necessary in connection with the repair or proper maintenance of the public utility, or (

c) generally for any accident due to the operation .of any public utility, unless such action has been sho,wn to be directly due to the negligence of the municipality or its employees. 33.

Section 310(1) reads: 310.

(1) The council may authorize the mayor and treasurer t.o borrow such sums as the council considers necessary to meet the expenditures and obligations of the municipality. 10

34. The following new

section is added after

section 310: 310.1

(1) When a council has adopted its program of capital works and expenditures to be undertaken in any year, the council by by-law may authorize the mayor and treasurer to borrow such sums as Ithe council considers necessary to provide for the temporary financing of the works and expenditures pending the issuance of debentures.

(2) The municipality may as security for such a loan, give promissory notes or similar forms of obligation signed by the mayor and treasurer, and each promissory note 'Or ob ligation is valid and binding upon the municipality according to its tenor.

(3) The term of such promissory note shall in no case exceed three years. ( 4) The amount so borrowed in any year shall not exceed the aggregate amount of the estimated cost of the annual program of capital works and expenditures of that year adopted by the council after deducting therefrom any revenues aocruing to the program by way of grants or con tributions.

(5) No by-law pursuant to this

section has any effect until it has received the approval of the Local Authorities Board.

(6) The proceeds of every loan shall be applied to the purposes stated in the by-law.

Section 311.1 is amended (

a) as to subsection (1) by adding after the words "the municipality to" the words "petition and", (

b) as to subsection (2) by adding after the words "in relation to" the words "petitioning and".

Section 324 is amended by adding the following after subsection (2):

(2.1) Notwithstanding anything in this section, a by-law creating a debt to be financed by the issuing of debentures, the term of which is not less than 10 years, may provide for the issuing of debentures for successive five year periods during the life of the borrowing and retiring the issue of the previous five year period.

Section 325 is amended by striking out subsection (8) and by substituting the following:

(8) When only a portion of the debentures of anyone maturity are to be redeemed the debentures to be redeemed shall be selected by lot, but in the case of a debenture in a denomination greater than $1,000, the debenture may be treated as consisting of the appropriate number of units of $1,000 each and any part of the principal amount of that debenture comprising one or more of such units may ac cordingly be selected for redemption. 11

34. A new

section is added to permit a council after it,- has adopted its annual capital works program, to provide for tempor ary financing of the projects, pending the issue an~ ~ale of deben tures, subject to the approval of the Local AuthorItIes Board.

Section 311.1 reads: 311.1

(1) Notwithstanding the provisions of this or any other Act, the council may, by by-law, authorize all electors' of the municipality to vote on a specific by-law or on all by-laws requiring the assent of the proprie,tary electors.

(2) Where a council passes a by-law pursuant to subsection (1), all refere'lcf>s to propietary electors in this' or The Municipal Election Act shall, !n relation to voting on by-laws', be deemed to refer to and to in clude all electors. 3G. Seotion 324 is amended to permit a municipality to include in a debenture by-law the right to reissue debentures at five year periods.

Section 325 is amended to permit a municipality to split a debenture in a denomination of more than $1,000 for the purpose of partial redemption. 11

38. The following new

section is added after

section 328: 328.1 The council may, by bY-law, provide that where outstanding debentures become mutilated or destroyed or stolen or lost, a new debenture of like tenor and effect and, if appropriate, with interest !Coupons attached, may be issued in exchange for the mutilated debenture or in lieu of the destroyed, stolen or lost debenture upon such terms and conditions as the by-law may provide.

Section 334, subsection (2) is amended by adding at the end thereof the words "if advertising of the by-law is required" .

Section 342 is amended by adding the following after subsection (3):

(4) The seal may be reproduced by engraving, litho graphing, printing or any other method of mechanical re production and when so reproduced, has the same effect as if it had been manually affixed.

(5) The signatures of the mayor and of the treasurer shall be the signatures of the mayor and of the treasurer respectively holding office at the date each such signature is affixed to a debenture or an interest coupon, notwith standing any change in any of the persons holding either of those offices between the tin1e when the signatures are so affixed and the date of delivery of the debenture, and not withstanding that any person whose signature is so affixed may not have held office at the da1te of the debenture or at the date of the delivery thereof.

Section 352 is amended by striking out subsection ( 4) and by substituting the following:

(4) The treasurer, on receipt of a debenture accompanied by a transfer purporting to be signed by the owner, if the signature is guaranteed by (

a) a bank or treasury branch, or (

b) a member of the Investment Dealers' Association of Canada, or (

c) a notary public, or (

d) such other guarantor as may be authorized by by-law and approved by the Local Authorities Board, shall register the transfer in accordance with the request and in so doing neither the treasurer nor the municipality incurs liability to the true owner for any loss caused by the transfer in case the transfer was not signed by him. 42. This Act comes into force on the day upon which it is assented to. 12

38. A new

section will permit a municipality to issue a new debenture to replace one that is lost, stolen, mutilated or des1troyed. 39.

Section 334(2) reads:

(2) A municipality that intends to apply for a certificate approving a by-la'V shall forward to the Board a copy of the by-law together with a copy of the proposed advertisement as required by

section 311 before advertising the by-law. 40.

Section 342 (1) and (3) read: 342.

(1) A debenture shall be sealed with the seal of the municipality and signed either by the may,or or by some person autholl"ized by by-law to sign it in his stead.

(3) The signatures on debentures or on coupons attached to deben tures may be reproduced by lithographing or printing or any other method of mechanical reproduction.

Section 352 which deals with municipal debentures is amended by adding clauses (

b) and (

d) to subsec1tion (4). 12 Title: 1973 (17th, 2nd) Bill 30, The Municipal Government Amendment Act, 1973

Document details

Collection	Alberta — Bills
Citation	L17 S2 5164
Type	bill
Volume / chapter	L17 S2 5164
Language	en
Format	json
Source	PROVINCIAL
Identifier	d40e08e76970c896fdf15ba1f03967f5558b17d0

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