Bill 101 — A Bill To Prescribe the Duties and Functions of the Local Authorities Board (Legislature 14, Session 2)

L14 S2 2057

Alberta — Bills

No. 101 2nd ·Session, 14th Legislature, Alberta 9 Elizabeth II BILL 101 A Bill to Prescribe the Duties and Functions of the Local Authorities Board HON. MR. HOOKE Printed by L S WAI..L. Printer to the Queen's Most Excellent Majesty. Edmonton. Alberta. 19S1

Explanatory Note General. This Bill will establish a new board, to be known as the Local Authorities Board, to take over some of the existing functions of the Public Utilities Board. The functions to be dealt with by the Local Authorities Board are briefly stated as follows: (

a) town and village borrowings, (

b) school borrowings, (

c) city borrowing, (

d) hospital borrowing, (

e) borrowings from banks, (

f) annual estimates approved, (

g) sewer service charges, (

h) annual estimates-new towns, (

i) annexations-towns, cities, (

j) separations, (

k) cancellation of plans, (1) examination of school estimates, (

m) approval of air strip, The functions that are left with the Public Utilities Board are as follows: (

a) gas utilities-franchises, renewals, etc., (

b) public utilities: 1. gas and electric franchises; 2. street lighting; 3. rural electrification associations; 4. miscellaneous utility financing; (

c) milk orders; (

d) pipe lines: 1. Pipe Line Act, 1958; 2. The Water Resources Act; 3. The Water, Gas, Electric and Telephone Companies Act; (

e) expropriation. 2.

Definitions of terms used in Act. 3. Constitution of Board.

BILL No. 101 of 1961

An Act to Prescribe the Duties and Functions of the Local Authorities Board (Assented to , 1961) HER MAJESTY, 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 liThe Local Authorities Board Act". 2.

In this Act, (a) "Board" means the Local Authorities Board as con stituted pursuant to this Act; (b) "charter" means any special or general Act of the Province or Ordinance of the Northwest Territories by or by virtue of which a corporation is in corporated, and the certificate of incorporation or other document issued by virtue of any such Act or Ordinance, or granting powers to a corporation; (c) "court of appeal" means the Appellate Division of the Supreme Court of Alberta; (d) "local authority" means any city, town, new town, village, county or municipal district, a school division, a school district not being a school district included in a school division, a junior college, a municipal hospital district, an irrigation district, and a drainage district; (e) "Minister" means the Minister of Municipal Af fairs; (I) "municipality" means any city, town, new town, village, county or municipal district; (g) "urba.n municipality" means a city, town, new town or village.

PART I ADMINISTRATION Division 1 Constitution of Board 3.

(1) There shall be a board to be styled the "Local Authorities Board" which shall be composed of not more

2 4. Absence of members or vacancy in Board. 5. Retirement and salaries. 6. Duties of Board. 7. Signatures on documents issued by the Board. 8. Acting Board members may be appointed. 9. Corporate status given to Board. 10. Common seal of Board.

2 than three members to be appointed by the Lieutenant Governor in Council, one of whom shall be appointed as chairman and thereupon entitled to hold the position of chairman as long as he continues a member of the Board.

(2) Each member of the Board shall hold office during the pleasure of the Lieutenant Governor in Council. 14. In the event of the absence of any members of the Board, or of their inability to act, or in the event of any vacancies in the membership of the Board, the member of the Board present may exercise all the jurisdiction and powers of the Board. 5.

(1) Subject to the provisions of The Public Service Act relating to continuance in office, a member shall cease to hold office upon reaching the age of sixty-five years.

(2) The salaries of the members of the Board shall be fixed by the Lieutenant Governor in Council. 6. The members of the Board shall conduct such investi gations, make such reports and perform such duties, in addition to the duties assigned to them by this or any other Act, as may be prescribed or directed by the Lieuten ant Governor in Council. 7.

(1) An order, rule, regulation or other document may be signed by anyone member on behalf of the Board and when so signed has the like effect as if signed by the chairman.

(2) Whenever it appears that a member not being the chairman has acted for and in the stead of the chairman, it shall be conclusively presumed that he has so acted in the absence or disability of the chairman. 8.

(1) The Lieutenant Governor in Council, upon the request of the chairman, may appoint one or more fit and proper persons as acting members of the Board, ora sub stitute for an acting member to act during the absence or illness of an acting member, for such period and upon such terms and at such remuneration as may be prescribed by the Lieutenant Governor in Council.

(2) An acting member of the Board shall assist the chair man in the discharge of the powers and duties of the Board and in the performance of that duty the acting member has and may exercise all the powers and authority that are by this Act conferred upon a member of the Board. 9. The Board is a body corporate. 10.

(1) The common seal of the Board shall be of such design as may be approved by the Lieutenant Governor in Council.

3 11. Board authorized to hire necessary staff and prescribe con ditions of employment. 12. Authority to engage experts. 13. Duties and functions of Board secretary. 14. Certified copies of Board regulations, orders, etc., to be supplied on request. 15. Acting Board secretary may be appointed. 16. A member of the Boal'd may be authorized to inquire into and report on matters connect\~d with the Hoard's business.

(2) The common seal of the Board shall be judicially noticed. 11.

(1) Subject to the approval of the Lieutenant Gover nor in Council, the Board may employ the services of such engineers, accountants, legal counsel and technical and professional persons, and such other officers, clerks or em ployees as the Board deems necessary.

(2) The Board may prescribe the duties and conditions of employment and remuneration of all persons employed by it. 12.

(1) Subject to the approval of the Lieutenant Gov ernor in Council, the Board may from time to time appoint one or more experts or persons having special technical or other knowledge to inquire into and report to the Board in respect of any matter before th~ Board or in respect of which the Board deems it necessary to have information for the proper carrying out of its duties under this Act. (~) A person appointed by the Board pursuant to this

section shall be paid such remuneration as may be pre scribed by the Lieutenant Governor in Council. 13. Subject to the approval of the Lieutenant Governor in Council, the Board shall appoint a secretary who shall (

a) keep a record of all proceedings conducted before the Board or any member thereof, (

b) have the custody and care of all records and docu ments belonging to or pertaining to the Board and filed in his office, (

c) obey all rules or directions given by the Board touching his duties or office, and (

d) ensure that every regulation, rule or order made by the Board is drawn pursuant to the direction of the Board, properly authenticated and retained in his office. 14. Upon the application of any person and on payment of such fees as the Board may prescribe, the secretary shall deliver to him a certified copy of any regulation, rule or order made by the Board. 15. The Board may appoint acting secretaries to act in the absence of the secretary, but a member of the Board may act as secretary in the absence of the secretary. 16.

(1) The Board or the chairman may authorize any one of the members to report to the Board upon any question or matter arising in connection with the business of the Board.

(2) A member authorized pursuant to this

section to report to the Board upon a question has and may exercise

4 17. Board authorized to avail itself of the services of provincial employees. 18. Remuneration for special services. 19. Payment of Board expenses to be out of the General Revenue Fund. : I~. ( 20. Residence of Board members may be determined by the Lieutenant Governor in Council. 21. Quarters and other facilities to be furnished to the Board. 22. Board is entitled to use court house facilities. 23. Board is entitled to use municipally owned halls without charge.

4 all the powers of the Board for the purpose of taking evidence or acquiring the necessary information for the purpose of his report.

(3) When a member so authorized reports to the Board, the report may be adopted as the order of the Board or otherwise dealt with as to the Board seems proper. 17.

(1) For the purposes of carrying out the duties and exercising the powers imposed or conferred upon it by or pursuant to this Act, the Board may avail itself of the services of any officer or other employee of any board, commission or department of the Province.

(2) Each officer or employee of any board, commission or department of the Province shall give to the Board such service, assistance and information as he is able to give and the Board requires, subject to the approval of the Minister in charge of the administration of the service in which the officer or employee is employed. 18. Where the Board appoints or directs any person not being a member of its staff to perform any service required by this Act, that person shall be paid therefor such sum for services and expenses as the Lieutenant Governor in Council may determine. 19.

The salaries and all expenses incurred by the Board in the performance of its duties, including all reasonable travelling and subsistence expenses of the members and the secretary, and of such members of the staff of the Board as may be required by the Board, shall be paid monthly out of the General Revenue Fund of the Province. 20. The members of the Board shall, during their terms of office, reside in such places as the Lieutenant Governor in Council determines from time to time. 21.

The Lieutenant Governor in Council shall cause the Board to be provided with suitable quarters, furniture and facilities for the holding of its sittings and the transaction of its business generally. 22.

Where sittings of the Board, or of any member thereof, are to be held in any city, town or place in which a court house is situate, the member presiding at any such sittings has, in all respects, the same authority as a judge of the Supreme Court with regard to the use of the court house and other buildings or apartments set apart in the judicial district for the administration of justice, but sub ject to the prior right of the court and of judicial and ad ministrative officers to use such buildings and apartments for the purposes of the administration of justice. 23.

Where sittings of the Board or of any member thereof are to be held in any municipality where there is a

5 24. The members of the Board are to devote their full time to their duties. 25. Prohibition on Board members holding securities of or having an interest in a contract with a local authority. 28. Annual report to the Executive Council. 27. Jurisdiction and powers of the Board.

5 hall belonging to the municipality, the municipality shall, upon request, allow the sittings to be held in that hall without charge. 24. Unless otherwise expressly directed by the Lieuten ant Governor in Council, the members of the Board shall de vote their whole time to the performance of their duties under this Act. 25.

No member of the Board shall hold any office or carry on any business or employment inconsistent with the performance of his duties under this Act, nor shall he directly or indirectly, hold, purchase, or become interested in any stock, debenture or other security issued by a local authority in Alberta, or become concerned or interested in a bargain or contract for the construction of any work made with or on behalf of any such local authority, or become or remain a member of any company that deals in the securities of local authorities or is concerned or in terested in any such bargain or contract. 26.

The Board shall, in the month of January in each year, transmit to the chairman ·of the Executive Council for the year ending on the preceding thirty-first day of December, a report showing briefly, (

a) the applications to the Board and summaries of the findings thereon, (

b) the number and nature of the inquiries that it has held of its own motion, and (

c) such other matters as the Lieutenant Governor in Gouncil directs. Division 2 Powers of the Board 27.

(1) The Board has all the necessary jurisdiction and power: (

a) to inquire into the merit of any application of a local authority for permission to raise money by way of debenture or upon the security of stock, as provided in this Act; (

b) to supervise the expenditure of moneys borrowed by a local authority as provided in this Act; (

c) to deal with the financial affairs of local author ities, as provided in this Act; (

d) to grant permission for the extension of the time for repaying the indebtedness incurred by a local authority for the cost of its public works, as pro vided in this Act; (

e) to separate land from an urban municipality and annex land to a city, as provided in this Act;

6 28. General power of the Board. 29. Authority to determine all matters within its jurisdiction. 30. The Board has the powers and rights of the Supreme Court for the purpose of carrying out its functions. 31. Discretion as to form of evidence. 32. Board not bound by technical rules of evidence. 33. Protection given to witnesses required to give testimony.

(

I) to order compromises of tax arrears as provided in this Act; (

g) to deal with plans of subdivision as provided in this Act.

(2) In addition to the jurisdiction and powers mentioned in subsection (1), the Board has all necessary jurisdiction and powers to perform such duties as are from time to time assigned to it by statute or pursuant to statutory authority. 28.

In matters within its jurisdiction the Board may order and require any person, or local authority, to do forth with or within or at any specified time and in any manner prescribed by the Board, so far as it is not inconsistent with this Act or any other Act conferring jurisdiction, any act, matter or thing that such person, or local authority, is or may be required to do under this Act or under any other general or special Act, and may forbid the doing or continu ing of any act, matter or thing that is in contravention of any such Act or of any regulation, rule, order or direction of the Board. 29.

The Board may, as to matters within its jurisdiction, hear and determine all questions of law or of fact. 30. Except as otherwise provided in this Act, the Board has, in regard to the amendment of proceedings, the at tendance and examination of witnesses, the production and inspection of documents, the enforcement of its orders, the payment of costs, and all other matters necessary or proper for the due exercise of its jurisdiction or otherwise for carrying any of its powers into effect, all such powers, rights, privileges and immunities as are vested in the Supreme Court of Alberta. 31.

The Board may in its discretion acce'pt and act upon evidence by affidavit or written affirmation, or by the report of any officer or engineer appointed by it, or ob tained in such other manner as it may deem proper. 32. All hearings and investigations before the Board shall be governed by rules which may be adopted by the Board, and in the conduct of hearings and investigations before it the Board is not bound by the technical rules of legal evidence. 33.

(1) No person shall be excused from testifying or from producing any book, document or paper in any in vestigation or inquiry by or upon a hearing before the Board, when ordered to do so by the Board, upon the ground that the testimony or evidence, book, document or paper required of him may tend to criminate him or subject him to penalty or forfeiture, and no person shall be prosecuted,

34. The Board and its servants are protected from liability for any thing done within the scope of its duties. 3S. The Board is authorized to direct a person to make an in quiry on its behalf. 36. Powers of Board on inquiry.

7 punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he has, under oath, testified or produced documentary evidence, but no person so testifying is exempt from pro secution or punishment for any perjury committed bv him in his testimony. ~

(2) Nothing in this

section shall be construed as giving to any body corporate any immunity of any kind. 34.

(1) N either the members, nor the secretary of the Board, nor any employee of the Board, shall be personally liable for any thing done by the Board or by him or under the authority of this or any other Act of the Legislature.

(2) No member or employee of the Board shall, in any civdl suit to which the Board is not a party, be required to give testimony with regard to information obtained by him in the discharge of his official duty. 35.

(1) The Board may appoint or direct any person to make an inquiry and report upon any application, complaint or dispute before the Board, or upon any matter or thing over which the Board has jurisdiction.

(2) The Board may order by whom and in what propor tion the costs and expenses incurred in making the inquiry and report shall be paid, and may fix the amount of the costs and expenses.

(3) Any application, petition, matter or complaint over which the Board h~R jursidiction under this Act or any other Act may be heard by a single member of the Board who, after the hearing, shall report his findings to the Board, and the Board may thereupon deal with the application, petition, matter or complaint as if the hearing had been before the Board. 36.

(1) The Board or any person authorized by the Board to make an inquiry or report may, when it appears expedient, (

a) enter upon and inspect any place, building, works or other property, (

b) require the attendance of all such persons as it or he thinks fit to summon and examine and take the testimony of such persons, (

c) require the production of all books, plans, specifica tions, drawings and documents, and (

d) administer oaths, affirmations or declarations.

(2) The Board or any person authorized by the Board to make an inquiry or report has the like powers as are vested in the Supreme Court, to summon witnesses, enforce their attendance, and compel them to give evidence and produce the books, plans, specifications, drawings and documents that it or he may require them to produce.

8 37. Power and duty of Board to hold inquiry. 38. Exercise of power at any time. 39. Board may make rules governing procedure before it. 40. Compelling attenandance of witnesses. 41. Power of Board re contempt. 42. Method of giving notice.

8 37.

(1) The Board of its own motion may, and upon the request of the Lieutenant Governor in Council shall, inquire into, hear and determine any matter or thing within its jurisdiction.

(2) The Lieutenant Governor in Council may, by order, at any time refer to the Board for a report or other action any question, matter or thing arising or required to be done in respect of any matter subject to the jurisdiction of the Board under any general or special Act and the Board shall without unnecessary delay comply with the order. 38. Any jurisdiction or power vested in the Board under this Act or any other Act may be exercised from time to time, or at any time, as the occasion requires. 39. The Board may make rules of practice, not incon sistent with this Act, regulating its procedure and the times of its sittings. 40.

(1) The Board may, where in its opinion the at tendance of any witnesses before the Board is desirable, cause to be served upon such witnesses a notice requiring their attendance before the Board, and the notice shall be signed by a member or the secretary thereof.

(2) In case of failure or refusal on the part of any person to comply with a notice to attend issued by the Board, a judge of the Supreme Court of Alberta, on the application of the Board, may issue a bench warrant requiring the attendance of the witness before the Board. 41.

A person who commits or does any act, matter or thing that would, if done in or in respect of the Supreme Court, constitute a contempt of the Court is in contempt of the Board, and on the application of the Board a judge of the Supreme Court of Alberta may commit that person for contempt of the Board, and the judge has the same power of committal in respect of contempt of the Board as he has in respect of contempts of the Supreme Court. ~.

(1) Any notice with regard to matters before or to come before the Board and required or authorized to be given in writing (a.) by the Board, may be signed by the chairman, any other member of the Board, or the secretary, (

b) by an~r person appointed by the Board, may be signed by that person, or (

c) by any other person, may be signed by that other person or his duly authorized agent or solicitor.

(2) Any such notice required to be given to a compan~·. a municipal or other corporation, co-partnership, firm or individual, shall be deemed to be sufficiently given by de livering the same, or a copy thereof, within the time. if an~', limited therefor,

9 43. Service of Board orders, etc. 44. Peace officers are required to assist Board in the exercise of its functions. 45. Duty of local authorities and Department of Public Works to supply documents, etc., to Board.

9 (

a) in the case of a municipal corporation, to the head of the municipality or to the clerk or secretary, (

b) in the case of any other corporation or company, to the president, vice-president, manager or secre tary, or to some adult person in its employ at its head office or chief place of business within the Province, (

c) in the case of a firm or co-partnership, to any mem ber thereof or at the last known place of abode of any such member, to any adult member of his household, or at the office or place of business of the firm to a clerk employed therein, and (

d) in the case of an individual, to him, or, at his last known place of abode, to any adult member of his household, or, at his office or place of business, to a clerk in his employ.

(3) If, in any case within the jurisdiction of the Board, it is made to appear to the satisfaction of the Board that service of any such notice cannot conveniently be made in the manner provided in subsection (2), the Board may order and allow service to be made by pUblication in the Gazette or by pUblication in a local newspaper, and such publication in each case shall be deemed to be equivalent to service in the manner provided in subsection (2).

(4) In contentious matters, the Board may require such notice of an application to or hearing by the Board to be given, as it deems requisite. 43. Any rule, order, direction, decision, report or other document may, unless in any case otherwise provided, be served by personal delivery or by mailing a certified copy thereof, with postag8 prepaid, to the person to be served or his duly authorized agent or solicitor. 44. Sheriffs, deputy sheriffs, constables and other peace officers shall, \vhenever required to do so, aid, assist ann obey the Board in the exercise of the jurisdiction conferred by this Act. 45.

(1) The officials of any local authorit~r to whom the Board makes application for statements, reports, copies of documents or information of anv kind, shall furnish the required statements, reports, copies or information to the Board free of cost.

(2) The Registrars of Land Titles in the different land registration districts in the Province and the Department of Public Works shall furni~h the Board with such cer tificates and certified copies of documents as the Board may in writing require, without charge, and the Board and an\' member or official of the Board thereunto authorized ma~' at any time search in the public records of the land title's offices \vithout charge.

10 46. Documents purporting to be authorized by a corporation are admissible in evidence against the corporation without proof of issue by the corporation. 47. Proof of documents purporting to be issued by the Board. 48. Acceptability of certified copies. 49. When orders may be made by the Board without notice.

10 46. A written or printed document purporting to have been issued or authorized by a corporation or any officer, agent or employee of a corporation, or by any other person or corporation, for or on its behalf, shall, as against the corporation, be received in evidence as prima facie proof of the issue of that document by the corporation, without any further proof than the mere production of the docu ment. 47.

(1) A document purporting to be signed by the chair man and the secretary of the Board or by a single member of the Board, or by any officer of the Board, is, without proof of the signature, prima facie proof that the document was duly signed, and is sufficient notice to a company and all parties interested, if served in the manner hereinbefore provided for service of notice, that the document was duly signed and issued by the Board or an officer of the Board, as the case may be.

(2) If the document purports to be a copy of any regula tion, rule, order, direction, decision or report made or given by the Board, or any of its officers, it is prima facie proof of the regulation, rule, order, direction, decision or report, and when served in the manner hereinbefore provided is sufficient notice of the regulation, rule, order, direction, decision or report fron1 the time of service. 48.

(1) A document purporting to be certified by the secretary as being a copy of a document deposited with the Board, or any portion thereof, is, without proof of the signature of the secretary, pJ'ima facie proof of the original document, and that it is so deposited, signed, certified, attested or executed by the persons by whom and in the manner in which it purports to be signed, certified, attested or executed, as shown or appearing from the certified copy, and also, if the certificate states the time when the original was deposited, that it was deposited at the time so stated.

(2) A copy of any regulation, order or other document in the custody of the secretary, or of record with the Board, purporting to be certified by the secretary to be a true copy and purporting to be sealed with the seal of the Board, is prima facie proof of the regulation, order or document without proof of the signature of the secretary. 49.

(1) When the Board is authorized upon notice to the parties interested to hear an application, complaint or dispute, or to make an order, it may, upon the ground of urgency or for other reason appearing to the Board to be sufficient, notwithstanding any want of or insufficiency in the notice, make the like order or decision in the rna tte'r as if due notice had been given to all parties, and the order or decision is as valid and takes effect in all respects as if made on due notice.

(2) A person entitled to notice and not sufficienth notified may, at any time within ten days after becoming

11 50. Authority of Board to make order upon complaint. 51. Authority to specify terms in order or to make order con ditional. 52. Board may grant the whole or only part of an application. 53. Board may make an interim ex parte order if circumstances require.

11 aware of any order or decision, or within such further time as the Board may allow, apply to the Board to alter or re scind the order or decision, and the Board shall thereupon, on such notice to the other parties interested as in its discretion it thinks desirable, hear the application, and either alter or rescind the order or decision or dismiss the application as to it seems just. 50.

Where the Attorney General, a municipality or any party interested, makes a complaint to the Board that any person has unlawfully done or unlawfully failed to do, or is about unlawfully to do, or unlawfully not to do, something relating to a matter over which the Board has jurisdiction under this or any other Act, and prays that the Board make some order in the premises, the Board shall, after hearing such evidence as it thinks fit to require, make such order as it thinks proper under the circumstances. Division 3 Board Orders 51.

(1) The Board may direct in any order that the order, or any portion or provision thereof, come into force at a future fixed time, or upon the happening of any con tingency, event or condition specified in the order, or upon the performance, to the satisfaction of the Board or a person named by it for the purpose, of any terms that the Board imposes upon any party interested, and the Board may direct that the whole or any portion of the order have force for a limited time or until the happening of any specific event.

(2) The Board may, instead of making an order final in the first instance, make an interim order and reserve further direction, either for an adjourned hearing of the matter or for further application. 52. Upon any application to the Board, the Board may make an order granting the whole or part only of the application, or may grant such further or other relief in addition to, or in substitution for, that applied for as to the Board seems just and proper, as fully and in all respects as if the application had been for such partial, further or other relief. 53.

The Board may, if the special circumstances of any case in its opinion so require, make an interim ex parte order authorizing, requiring or forbidding any thing to be done that the Board would be empowered on application, petition, notice or hearing to authorize, require or forbid, but no such order shall be made for any longer time than the Board deems necessar~' to enable the matter to be heard and determined.

12 54. Board may grant an extension of time for doing thO directed by it to be done. any mg 55. Board may rehear applications and review and vary its decisions. 56. Board orders need not show jurisdiction upon their face. 57. Enforcement of Board orders. 58. Effect of registration in the land titles office of an order for the payment of money. 59. Costs of any proceeding before the Board are in the discre tion of the Board.

12 , 54. When any work, act, matter or thing is, by any rule, order or decision of the Board, required to be done, perform ed or completed within a specified time, and if the circum stances of the case in its opinion so require, the Board may, upon giving such notice as it deems reasonable, or in its discretion without notice, extend the time so specified. 55. The Board may rehear an application before deciding it, and may review, rescind or vary any order or decision made by it. 56.

An order of the Board need not show upon its face that any proceeding or notice was had or taken, or that any circumstance existed necessary to give it jurisdiction to make the order. 57.

The observance of an order of the Board may be en forced by a written direction addressed to the sheriff of any judicial district, endorsed upon or annexed to a certified copy of the order and signed by the Board, and in the case of an order for payment of any money, costs, expenses or penalty, the sheriff receiving the direction shall levy the amount with his costs and expenses in like manner and with the same powers as if the order were an execution against the goods of the party to pay issued out of the Supreme Court of Alberta. 58.

(1) In the case of an order of the Board for payment of any money, costs, expenses or penalty, a certified copy of the order signed by the secretary may be registered in any land titles office in the Province.

(2) When so registered the order constitutes a lien and charge upon any land, or interest therein that is (

a) held by the party, person, company or corporation ordered to pay the money, and (

b) situate in the land registration district in which such office is situate, to the same extent and in the same manner as the lands would be bound by the registration of an execution issued after judgment in the Supreme Court of Alberta.

(3) The amount ordered to be paid by any order so registered may be realized in the same manner and by similar proceedings as the amount of any registered execu tion of the Supreme Court of Alberta. 59.

(1) The costs of and incidental to any proceeding before the Board, except as otherwise provided in this Act, are in the discretion of the Board, and may be fixed in any case at a sum certain or may be taxed.

(2) The Board may order by whom and to whom any costs are to be paid, and by whom the same are to be taxed and allowed.

13 60. Effective date of Board orders. 61. Appeal from the Board on a question of jurisdiction or a question of law may be made to the Supreme Court. 62. Security for costs on appeal. 63. Matters to be considered by the court of appeal.

(3) The Board may prescribe a scale under which such costs are to be taxed.

(4) The Board may, with the approval of the Lieutenant Governor in Council, prescribe the fees to be paid by local authorities or persons interested in the matters that come before the Board. 60. Every order of the Board takes effect at the time prescribed by the order or if no date is prescribed, on the date of the order, and its operation is not suspended by any appeal to the court of appeal unless otherwise ordered by the court of appeal, but the Board itself may suspend the operation of its order, when appealed from, until the de cision of the court of appeal is rendered, if the Board thinks fit. Division 4 Appeals 61.

(1) Subject to subsection (2), upon a question of jurisdiction or upon a question of law, an appeal lies from the Board to the Appellate Division of the Supreme Court of Alberta.

(2) Leave to appeal shall be obtained from a judge of the court of appeal upon application made within one month after the making of the order, decision, rule or regulation sought to be appealed from, or within such further time as the judge under special circumstances may allow, and upon notice to the parties and to the Board, and upon hearing such of them as appear and desire to be heard, and the costs of the application are in the discretion of the judge. 62.

(1) Upon leave being obtained the party appealing shall deposit with the Registrar of the court of appeal the sum of two hundred and fifty dollars, by way of security for costs, and thereupon the Registrar shall set the appeal down for hearing at the next sittings.

(2) The party appealing shall, within ten days after the appeal has been set down, give to the parties affected b~T the appeal or the respective solicitors by whom the parties were represented before the Board, and to the secretary of the Board, notice in writing that the case has been set down to be heard in appeal, and the appeal shall be heard by the court of appeal as speedily as practicable. 63.

(1) On the hearing of the appeal, no evidence other than the evidence that was submitted to the Board upon the making of the order appealed from shall be admitted, and the court of appeal shall proceed either to confirm, \'ar~' or vacate the order appealed from and in the latter eyent shall refer the matter back to the Board for further consideration and redetermination.

(2) On the hearing of the appeal the court may draw all

14 64. Board entitled to be heard on appeal. 65. Fixing costs of appeal. 66. Finality of Board orders. 67. Municipalities authorized to intervene in matters before Board affecting their municipalities. 68. Effectiveness of Board regulations.

14 such inferences as are not inconsistent with the facts ex pressly found by the Board and as are necessary for de termining the question of jurisdiction or of law, as the case may be, and shall certify its opinion to the Board, and the Board shall make an order in accordance with that opinion. 64. The Board is entitled to be heard by counselor other wise upon the argument of any appeal. 65.

(1) The court of appeal may fix the costs and fees to be taxed, allowed and paid upon the appeal and may make rules of practice respecting appeals under this Act, and until such rules are made the rules and practice applicable to appeals from a judge of the Supreme Court to the court of appeal apply.

(2) Neither the Board nor any member of the Board is in any case liable to costs by reason or in respect of an appeal or application. 66. Except as otherwise provided in this Act, (

a) every decision or order of the Board is final, and (

b) no order, decision or proceeding of the Board shall be questioned or reviewed, restrained or removed by prohibit jon, in i nnction, cn,finl'(1 ri or any other pro cess or proceeding in any court. Division 5 Miscellaneous Administrative Matters 67.

(1) Where the council of a municipality deems that the interest of the public in the municipality or in a con siderable portion of the municipality is sufficiently con cerned, the council may by resolution authorize the munici pality to become a complainant or intervenant in any matter within the jurisdiction of the Board.

(2) For the purposes of subsection (1), the council of a municipality may take any steps, incur any expense and take any proceedings necessary to submit the question in dispute to the decision of the Board, and if necessary may authorize the municipality to become a party to an appeal from a decision of the Board. 68.

(1) A regulation, rule or order of the Board that is a regulation within the meaning of The Re,rnilaf'ions Act has, when filed as required by that Act and while it remains in force, the same effect as if it had been enacted in this Act.

(2) A regulation prescribing rules of practice under

section 39 comes into force upon pub1i~ation in the Ca:ette or on such later date as may be specified therefor by the Board, and not upon the date of filing under The Regula tions Act.

15 69. "debenture" and "debenture holder" defined. 70. Borrowing by way of debentures must be approved upon application to the Board. 71. Time of application by an urban municipality. 72. Application by other local authorities.

(3) The courts shall take judicial notice of any regulation, rule, order or decision of the Board.

PART II MUNICIPAL AND OTHER DUTIES Division 1 Respecting Financing by Local Authorities 69. In this Part, "debenture" includes securities of every sort and "debenture holder" has a meaning similarly ex tended. 70. Where for the purpose of any work 01' undertaking or for the acquisition of property or for any other object within its powers a local authority desires to raise moneys by way of debentures, the local authority shall apply to the Board for authority to do so. 71.

(1) In the case of an urban municipality, the applica tion to the Board shall be made before or forthwith after the first reading of a by-law providing for the debenture and before the by-law is submitted to a vote of the proprietary electors of the urban municipality.

(2) No further action shall be taken by the local author ity of the urban municipality upon the by-law providing for the debenture until the authorization of the Board has been obtained as provided in this Part. 72.

(1) In the case of a municipal district or county, the council shall follow the procedure set out in The Municipal District Act for obtaining authority to borrow money.

(2) In the case of school districts and divisions, the board of trustees thereof shall follow the procedure set out in The School Act for obtaining authority to borrow money.

(3) In the case of an irrigation district or a drainage district, the trustees of the irrigation district or drainage district shall follow the procedure set out in the respective Acts relating to the borrowing of money by the irrigation or drainage district, as the case may be.

(4) In the case of a municipal hospital district, the board of trustees of the district shall follow the procedure set out in The Municipal Hospitals A.ct for obtaining authorit~· to borrow money.

(5) In the case of a junior college, the procedure set out in The Public Junior Colleges Act relating to the obtaining of money for the purposes of the junior college shall be followed.

16 73. Form of application. 74. Matters to be considered by Board in conducting inquiry. 75. Procedure on inquiry. 76. Approval of Provincial Board of Health also required where waterworks or sewers involved. 77. Form of debentures that may be issued. 78. Board may hold inquiry where debentures not being properly repaid.

16 73. An application shall be addressed to the secretary of the Board and shall be accompanied (

a) in the case of an application by the council of an urban municipality, b\T :: n.:o)·l-~fi~rl C('p~T of the pro- posed by-law providing for the debenture, (

b) in the case of an application by other local author ities, by the documents prescribed by the statutes, if any, governing the application, and (

c) by such other information as the Board may re quire. 74. The Board in conducting its inquiry and in arriving at its decision shall consider the nature of the work, under taking or other object of the proposed debentures, the neces sity for or expediency of the same, the financial position of the local authority and all such other matters as in the opinion of the Board call for consideration. 75.

The Board in the course of an inquiry may summon and examine on oath any person whose evidence it desires to obtain, and may fix a date for the hearing of all parties in terested in the granting or refusing of an applic£l.tion, in which case it may order that proper public notice be given of the hearing. 76.

Where, for the purpose of establishing or extending a system of waterworks or of constructing, altering or ex tending a common sewer or system of sewerage, a municipal ity proposes to borrow money hv way of debpntllre, the Roarrl shall not grant the Ruthority applied for until the certificate of the Provinci£l.l Board of Health approving the proposed undertaking has first been obtained under the provisions of The Public Health Act. 77.

(1) All debentures issued bv local authoritiE's shall contain, in addition to the other particulars rEQllirE'd by law. a note or memorandum authorizing- the issue, which shall be under the seal of the Board and signed by a member of the Board.

(2) Notwithstanding subsection (1), a debenture duly countersigned by the Board under the provisions of any other Act need not contain any such note or memorandum.

(3) An~T such signature may be lithographed or engraved.

(4) Nothing in this Act shall be deemed to repeal any of the provisions concerning the countersigning of debentures or debenture coupons by a Minister or Deput~r Minister ami contained in any Act in force in the Province. 78.

(1) The Board may institute an inquir~· whenpyer it is shown to the satisfaction of the Board that a local authority (

a) has failed to retire its debentures or debenture

17 79. Powers of Board with respect to municipal indebtedness.

17 coupons as they become due and were duly pre sented for payment, (

b) is in such serious financial difficulties as to render default in payment of its outstanding debentures or debenture coupons probable, or (

c) has failed to pay sums of money due by it and the default is in the opinion of the Board due to the fact that the local authority is in financial difficulties.

(2) The inquiry shall only be instituted upon the request of the Minister, or of the local authority, or of the holders of one-fourth in value of the aInount of the bonded indebted ness of the local authority.

(3) Where school taxes are collected by a municipality, then a request by or in regard to any school district the taxes of which are so collected, or by or in regard to a municipality, may be treated as a request by any or all such school districts and the mnnicipality.

(4) The Board shall give such notice of any inquiry to be held under the provisions of this section, and to such per sons, as it deems proper. 79.

(1) If satisfied of the propriety of such a course, the Board may do any or all of the following: (

a) order the retirem~nt of existing debentures or the consolidation of debenture debts secured by dif feren~ issues of ~ph~nturps or of debenture debts and debts existin~ in respect of outstanding ac counts, and authorize the issup of new debentures securing the pa~7ment of snch debts, and determine the form of such debenturEs, the method and time or times of the repaympnt of principal or payment of interest, the rate of interest p~~Yable :1nd such other terms and conditions in connection therewith as seem proper; (

b) order that the time for the payment of debentnres or of any part of them be extended for a fixed period; (

c) order that the liability of the local authority' to pa~' money into a sinking fund be postponed or reduced in whole or in part; (

d) order a variation in the rate of interest payable upon any debt of the local authority; (

e) order that arrears of interest payable upon any debt of the local authorit~, be rebated or funded: (

I) order that surplus capital mone~'s of the local authority be disposed of in any \Ya~' that seems proper to the Board: (

g) order that any plan of a registered subdivision be dealt with under the provisions of Didsion "1 of this Part; (

h) appoint a time and place at which debentures or receipts for debts ma~' be deposited or offered in

18 80. When conditions of order made under

section 79 become binding. 81. Stay of proceedings when order made under

section 79.

18 exchange for debentures authorized under this Part; (

i) order that the levy of a rate or sum imposed or required to be levied by the by-law under the authority of which any existing debenture issue or debt was made or incurred, be or be not made in any year or years, and make such order operative upon the fulfilment of any condition or conditions attached thereto; (

j) order that taxes, whether in arrears or not, be set aside to be used for any specific purpose or pur poses; (

k) ratify any agreement entered into by a local authority with the holders of its existing debentures or its creditors, if the terms of the agreement are such as might be ordered by the Board and ~ve to such agreement the same effect as an order of the Board.

(2) The Board may appoint an auditor for a local author ity whose financial affairs are, by reason of an order made pursuant to this Part, under the supervision of the Board, and upon any such appointment being made the powers of the local authority to appoint an auditor are suspended until such time as the affairs of the municipality cease to be under the supervision of the Board.

(3) Where in the opinion of the Board the financial af fairs of a local authority with respect to which an order has been made under this

section are in such a condition that it is unnecessary that its program be supervised by the Board, the Board may discharge the order upon such terms .and conditions as may seem proper to the Board. 80.

(1) Subject to subsection (2), no order made pur suant to subsection (1) of

section 79 is binding until a recommendation embodying the proposed terms thereof (

a) has received the consent of the holders of three fifths in value of the amount of the bonded indebted ness to be affected by the order, and (

b) has received the approval of the Lieutenant Governor in Council, but upon receipt of that consent and approval, the order iR valid and binding upon all persons whom it purports to bind, and all such persons may act as directed by the order. notwithstanding any statutory requirement, restriction or limitation that might otherwise be applicable thereto.

(2) Where the proposed order does not prejudicially af fect the interests of the holders of the bonded indebtEdne~s of the local authority, the consent thereto of the holders of the bonded indebtedness is not necessary. 81. Where the Board makes an order under

section 79, no action or other proceedings shall, as long as the order is

19 82. Actions against municipalities barred when order made. 83. Approval of debentures by Board. 84. Municipal financing when order under

section 79 is in force.

19 operative, be maintained with regard to any debentures, ac count or other cause of action specifically dealt with in the order, and a judgment recovered in any such action or other proceeding is not enforceable in any way against the local authority concerned. 82.

(1) No action shall be brought against any local authority that has come under the supervision of the Board by virtue of any refunding order or orders under the pro visions of this Part, so long as any such order remains in force, for the recovery of any moneys due to any person by virtue of the provisions of any refunding or other order made under this Part or in respect of any money ac cumulated by the local authority for the purpose of making provision for the payment of any liability or obligation, not being money in a sinking fund, unless the consent of the Board to the bringing of such action is first obtained.

(2) Where any moneys or securities in the hands of any local authority, or in the hands of any person for and on behalf of such local authority, have been set up or set aside for any particular purpose or for any particular per sons or class of persons, whether in pursuance of any order or direction of the Board, or independently of the Board, the Board if it is satisfied that it is necessary for the local authority to use such moneys or securities for the pur pose of rehabilitating any utility owned and operated by it, may, in its discretion and upon being- satisfied that it is in the best interests of the local authority, order that such money or any portion thereof be available for use by the local authority, and the Board ma~T attach conditions in re gard to the expenditure by the local authority of the money.

(3) Upon the making of al1~T order under subsection (2) the money or securities to which it relates are freed and discharged from all claims and demands whether legal or equitable of any person other than the local authority. 83.

All debentures purporting to be issued under the authority of this Part shall be submitted for the approval of the Board and when so approved the chairman or a member of the Board shall sign the same and affix the seal of the Board thereto, and the signature and sealing is conclusive ,proof of the legality of the issue of the debentures, and their validity shall not be questioned by any court, but the debentures shall be held to be good and indefeasible securit~· in the hands of any bona fide holder thereof. , 84.

(1) As long as an~T order of the Board under

section 79 continues in force, or any obligation of a local authority thereunder remains undischarged, the local authorit~·. not later than the first da~T of April in each year, shall submit to the Board for its consideration (

a) particulars of its sche~e of assessment and taxa tion,

20 85. School estimates. 86. Authority for Board to lay down financial program for local authority. 87. Variation of program. 88. Limitation on borrowings. 89. Application of Division 1 of

Part II when order made under

section 79.

20 (

b) its annual estimates of revenue and expenditure, including those of the municipally-owned utilities, if any, (

c) the scale of fees and charges and the basis therefor, and (

d) the proposed capital outlay, if any, all of which are hereinafter referred to as "the program".

(2) The local authority shall not finally settle the pro gram, or pass any by-law in respect thereof, until the pro gram has been approved by order of the Board. 85.

(1) The board of trustees of every school district or division, the whole or any part of the taxes of which are col lected by a municipality affected by an order of the Board, shall prepare and submit to the Board, not later than the twenty-eighth day of February, a detailed estimate of its probable expenditure for the current year.

(2) No estimate shall be adopted and no demand shall be made by any such school district or division upon any such municipality unless the estimate or demand is first approved by the Board.

(3) The Board may modify or vary any such estimate or demand as to it seems necessary or expedient. 86. If the local authority fails to obtain the approval of the Board of its program, or if after approval of its pro gram it fails, in whole or in part, to conduct its affairs in accordance therewith, then and so often as such failure occurs, the Board may, by order, lay down a program for the local authority, which thereupon becomes effective and binding upon the local authority, its officers and officials, and all persons interested therein or affected thereby. 87.

The program laid down by the Board may be amended from time to time and may apply only to that part of the affairs of the local authority with respect to which, in the opinion of the Board, the local authority has failed to carry out the program approved by the Board. 88. All borrowings by a local authority referred to in

section 84 are subject to the sanction of the Board and no money shall be borrowed for purposes other than or in excess of the amounts authorized by order of the Board. 89. When an order of the Board under

section 79 comes into force after the twenty-eighth day of February or the first day of April, as the case may be, in any year, the pro visions of this Division apply for the remainder of that year as if it were necessary that the program of the local author ity should be submitted to the Board and such submission had been duly made.

21 90. Liability of councillors where money is borrowed not in accordance with the Board order. 91. Appoinment of administrator to replace council. 92. Administrator also official trustee of school district. 93. Removal of administrator. 94. Funds for an administrator may be paid out of the General Revenue Fund. 95 Debentures may be issued as security for funds advanced under

section 94. 96. Debentures issued by administrator to be issued in same manner as ordinary municipal debentures. 97. Powers of an administrator.

21 90. When a local authority borrows or applies any money without the sanction of or in contravention of an order made by the Board under the provisions of this Part, the mem bers of the council or trustees who voted for such borrow ings or misapplication are jointly and severally liable to restore the amounts so borrowed or misapplied, and the liability may be enforced by action by the local authority, or by any person paying taxes to the local authority, or by any debenture holder of the local authority. 91.

Where the Board reports to the Lieutenant Governor in Council that it is expedient that the council of a municipality or the board of trustees of a school district or division should be dismissed and that an administrator of its affairs should be appointed, then the Lieutenant Gover nor in Council may dismiss the council or board and appoint an administrator of its affairs, and fix his salary. 92.

Where the school taxes are collected by a local author ity, other than the school district in respect of which they are payable, and an administrator is appointed, then the administrator is also the official trustee of the school district and upon his appointment the board of trustees of the school district ceases to hold office. 93. An administrator may be removed from office at any time and a successor may be appointed to the office, who has the like powers and authority and is charged with the like duties and responsibilities as his predecessor in office. 94.

When an administrator has been appointed under this Part, the Lieutenant Governor in Council may from time to time advance to the administrator out of the General Revenue Fund, without any further or other appropriation than is provided by this section, such sum or sums, not exceeding in anyone year the sum of twenty thousand dollars, to discharge in whole or in part the liabilities of the local authority over the affairs of which an administrator has been appo'inted, and the expenses of such administrator. 95. When any money is advanced to an administrator under

section 94, the Provincial Treasurer may take such securities therefor as seem fit to him, and the administrator may is::<l1e oebE'nturAs therefor without taking- an~' yote with regard to the issue. 96. The debentures issued have the same effect as de bentures issued in strict compliance with the pro\'i~ion~ of the Act regulating the issue of debentures b~' the local authority over the affairs of which the administrator has been appointed. 97.

(1) Notwithstanding anything in any Act or regula tions, the administrator

22 98. Authority of Board to inquire into and supervise financial affairs of local authorities. 99. Board may direct establishment of sinking funds. 100. Board may make regulations respecting the accounts to be kept by local authorities.

22 (

a) has all the powers, and may perform all the duties of a council, mayor, reeve, commissioner, clerk, secretary, treasurer, secretary-treasurer, assessor, collector of taxes and of any other official appointed or that might be appointed or elected under any Act or charter applicable to the local authority of which he is administrator, (

b) is responsible for the due performance of all such duties, (

c) has the right and power to discharge any official of the local authority and to appoint his successor, and (

d) may employ such assistants as he deems advisable to assist him in the discharge of any such duties and shall fix the salary of every such official and assistant.

(2) All salaries and the cost generally of administering the affairs of the local authority, including the adminis trator's own salary, shall be paid out of the funds of the local authority.

(3) Upon the removal of any administrator appointed un der this Act the council or board of trustees of the local authority of the affairs of which he was administrator and, if necessary, the board of school trustees, may be reinstated by the Lieutenant Governor in Council, or directions may be given by the Lieutenant Governor in Council as to the election of a council and if necessary a board of school trustees to take the place of the administrator removed. , 98.

(1) The Board may inquire from time to time into the financial affairs of local authorities and for that pur pose is entitled to obtain from any local authority at any time a statement in detail of its assets and liabilities and of its revenue and expenditure for any definite period and any other statement of its affairs that the Board deemR expedient.

(2) The Board has such general supervision of the fin ancial affairs of local authorities as is necessary to ensnre that no local authority incurs debts beyond the amount permitted by law, nor imposes taxation beyond the limits imposed by law. 99.

(1) Whenever any money is borrowed by a local authority the Board may direct the formation of a sinking fund for the payment thereof.

(2) All such sinking funds shall be under the supervision of the Board, which may dirpct the deposit of the same with the Provincial Treasurer or any other disposition thereof.

(3) The Board is entitled to receh'e such information as to and such report upon the sinking fund as it may from time to time demand. 100.

(1) The Board ma~' make regu lation~ a~ to the accounts to be kept by local authorities. the methods of

23 101. Management of sinking fund. 102. Audit of accounts in connection with a sinking fund may be made by the Provincial Auditor. 103. Application to extend period for debenture payments. 104. Variation of assessment for local improvement.

23 keeping the same and the audit thereof, and may from time to time prescribe penalties for neglect to levy necessary rates for the upkeep of any sinking fund, and for the dis posal of any surplus moneys that occur in connection there with.

(2) All regulations made by the Board pursuant to this

section shall be laid upon the table of the Legislative As sembly at the next ensuing session of the Legislature and if then disallowed by it cease to have any effect thereafter. 101. The Board may undertake the managEment of the sinking fund of any local authority, and upon its so doing (

a) the Board may invest the sinking fund in all or any of the securities in which trustees having trust money in their hands are authorized to invest such money under the provisions of The Trustee Act, (

b) the Board has all the powers and authorities con ferred upon sinking fund trustees l)~. The Cit?! Act. The Town and Village Act or The Alunicipal District Act, or as the case may be, and (

c) the treasurer of the loc~l authority is sllbirct to the control and requisition of the Board [lnd shall deposit the sinking fund as required b~' Thr Cit!1 Act, The Town and Village Act, or The lUlinici]wl District Act, or as the case may be. 102.

(1) The Provincial Al1(litor shall arrange for an annual audit of the accounts of the Board in connection with sinking funds and their management. and an inspection of the books and records of the Board connected 'yith such funds for the preceding year.

(2) The audit and inspection shall be under the super vision of the Provincial Auditor and the cosh;; ann expenseR thereof shall be paid by the Board as part of the cost of managing the funds at its disposal. 103.

(1) Where a mnnicipality has issued debentures or has passed a by-law dul:\' authorizing the issue of debentures and the council of the municipality is of the opinion that the period for payment of the debentnres is leRs than the life time of the work or undertaking and desires to pass a new b~T-Iaw extending the payment for the work or undertaking over its lifetime, the municipality may make application to the Board for permh;sion to do so.

(2) The Board may grant the application on such terms as it deems advisable but the period over which the in debtedness may be spread shan be fh:Ed by thf' Boanl and shall be based on the lifetime of the "'ork or undertaking or other object of the proposed extending by-law, as the same may be estimated by the Board. 104.

(1) Where a proposed b~'-law under

section 103 is one relating to local improvements and the council desires

24 105. Commutation of assessment and charges. 106. By-law to raise extended payments authorized under

section 103. 107. Tax is to be levied to meet sums required on debentures on which time for payment is extended under

section 103.

24 to alter the rate of assessment, it may do so under the local improvement sections of the respective Act or Acts applicable th€reto upon first obtaining the consent of the Board to the altered rate of assessment, and the reassess ment shall be made accordingly.

(2) Notwithstanding anything in any Act or law to the contrary, there is no appeal against the assessment except on the ground that there is an error in the frontage assessed.

(3) The municipality shall forward notices of any such reassessment to the party assessed, giving particulars there of as provided by the Act respecting the notice. (4) _NotwUhstanding subsection (3), the non-transmis sion or non-delivery of the notice does not invalidate the reassessment, which is valid and binding in all respects. 105.

(1) Where the assessment and charges of a local improvement have been commuted and a different rate of assessment is adopted whereby a lesser assessment is made against the property affected, then the municipality shall rebate the difference, if any, to the party entHled thereto.

(2) Where the assessment and charges of a local im provement have been commuted and a rate of assessment is adopted whereby a heavier assessment or charge is made against the property affected, the municipality shall assess and levy the additional charge in the same manner as it would an original charge pursuant to the provisions of the Acts applicable thereto. 106. Upon the consent of the Board being obtained, the municipality may, without the assent of the proprietary electors, pass by-laws providing for raising a sum of money and levying rates sufficient to nleet the indebtedness at the maturity of the extended period as provided in

section 103. 107.

(1) From and after the passage of a by-law for the purposes of

section 103, and the execution and issue of de bentures as thereby authorized, the municipality shall levy annually the respective sums thereby required to be raised sufficient, with interest compounded yearly at the rate of six per cent per ::mnum. to meet the indebtedness at maturity, and, taking into consideration the amount of money at the credit of the sinking fund under the super seded by-law, sufficient to form a sinking fund for the paym€nt of the principal of the said debentures, and shall cease to levy the respective ~ums required to be levied by and under the supergeded b~T-Iaw or b"-laws for the pUr11 ()se of forming sinking funds for the p:1~Tment of the princip[ll of the debentures issued under such b"-laws respectively.

(2) The municipality shall continue to levy annualh r under the superseded by-laws the respective amounts re quired to pay the interest on the debentures issued under any such by-laws or on such of the debentures issued under any such by-laws as are oustanding.

25 108. Issue of new debentures. 109. Purchaser of debentures not required to see to the proper application of the purchase money. 110. Loan under a by-law superseded under this Part not to form part of the general debt of the municipality.

(3) The new by-law shall make provision for the issue of debentures for an amount sufficient to meet the principal at maturity and bearing the same rate of interest as that provided for by the superseded by-law, but no levy shall be made for such interest during the period that levies are being made for interest under the superseded by-law.

(4) The new by-law shall also provide for the issue of debentures to an amount suffici€nt to meet any difference that arises in the sinking fund from year to year between the amount provided by the superseded by-law and the amount provided by the new bY-law, and the debentures shall be placed to the credit of the sinking fund' until such time as they are sold or otherwise disposed of and the proceeds placed to the credit of the sinking fund.

(5) No debentures issued pursuant to the provisions of subsection (4) shall be sold without the consent of the Board, and the debentures shall be sold only when the proceeds of the sale are required to redeem debentures issued under the superseded by-law or by-laws, but no levy shall be made for interest on the debentures issued under the superseding by-law or by-laws during the period that levies are being made for interest under the superseded by-law or by-laws.

(6) Any shortage that arises from the sale or other dis position of such debentures shall be made up by annual levies by the municipality as the same occur.

(7) A separate by-law or by-laws may be passed by the mun~cipality to provide for the difference, instead of making provision th~refor in the new by-law. 108.

(1) When debentures have been issued under any new by-law under

section 103, the municipality may, with the consent of the Board and upon obtaining the consent of all parties interested, issue new debentures in such form as it deems expedient. and may, if agreed, exchange such debentures for outstanding debentures under the same by-law, and the outstanding debentures shall be forwarded to the Board for cancellation.

(2) The municipality may, in case any debentures authorized by any by-law have not been issued, or, having been issued, have become the property of the municipality, provide by by-law that the debentures if issued be de stroyed and if unissued be not issued, and may authorize debentures to be issued under the authorit~· of the by-law providing for the extended period of payment for any work or undertaking. 109. A purchaser of ~ny of the debentures that ma~' be issued under the authorit~· of this

Part is not bound to ensure that the purchase monev is applied for the purposes herein or in the by-laws specified. 110. No portion of any loan raised by a municipality

26 . II I. By-law under this Part not to be repealed until debt paid m full. 112. The Acts governing local authorities are, except as incon sistent with this Act, still applicable. 113. Authority to establish a depreciation fund for repayment of moneys borrowed on debenture. 114. Form of by-laws and debentures to be as approved by the Board.

26 under the provisions of a superseded by-law under this Part shall, after the passage of the new by-law, form part of the general debt of the municipality within the meaning of any Act limiting the borrowing powers of municipalities, and it is not necessary to recite the amount of the loan secured by a superseded by-law. 111. A by-law passed under this Part, unless otherwise provided, shall not be repealed until the debt created under the new by-law is fully paid and satisfied. 112. The provisions of Acts relating to local authorities are, except in so far as inconsistent herewith, applicable thereto. 113.

(1) An application may be made to the Board for an order authorizing a local authority to provide a fund sufficient with interest at six per cent per annum to retire the de'benture indebtedness of the local authority under any by-law during the estimated lifetime of the work or un dertaking, and prior :to the maturity of the debenture.

(2) The Board may grant the application on such terms as it deems advisable but the Board shaH fix the period within which a sufficient amount to retire the indebtedness within such shorter period is to be raised.

(3) The local authority may thereupon pass a by-law without referring it to the proprietary electors, which shall make provision for an annual levy sufficient, with interest compounded yearly at six per cent per annum, to raise the amount within the fixed period, and the by-law shall be in a form approved by the Board.

(4) The amount of the annual levy shall from time to time be placed to the credit of the sinking fund account of the local authority, but shaH be specially marked "De precia tion Fund".

(5) The depreciation fund is subj ect to the same pro visions as to the raising and investment thereof as the sink ing fund.

(6) Appl,ication may from time to time be made to the Board for permission to use the depreciation fund or a portion thereof to replace the work or undertaking or such part thereof as is required to be replaced, and upon consent being obtained the local authority may use so much of the fund as the Board may authorize. 114.

(1) Notwithstanding anything to the contrary in any Act, the by-law and debentures referred to in this Part may be in such form as may be approved of by the Board.

(2) Upon the approval of the Board being obtained, no irregularities in the form of any of the debentures issued under the authority of this Part, or any by-law authorizing the issue thereof or any other by-law refErred to in this

27 I.! 5. Authority of Board to order compromise of tax arrears. 116. Matters to be provided for in compromise. 117. Board may order transfer of title to land where the tax arrears are not paid as ordered.

27 Part shall be deemed to render the debentures invalid nor shall any such irregularities be allowed as a defence to any action against the local authority for the recovery of the amount thereof or the interest thereon or any part thereof. Division 2 Municipal Tax Arrears 115.

(1) The Board may order a compromise of tax arrears to be entered into between any taxpayer and any local authority, or the Minister may do so in the case of land lying within an improvement district.

(2) A compromise may only be ordered (

a) with respect to land that is in an urban municipality and that may be made the subject of an application for separation from the urban municipality under

Part II, (

b) upon the application of a taxpayer, where the tax payer and the authority imposing the taxes cannot agree as to the terms of a compromise permitted by law, or (

c) with respect to lands lying within a municipality or school district, if the aifairs of the municipality or school district are the subject of an inquiry held under sections 78 to 102. 116. Any compromise made under the powers given by

section 115 may provide for (

a) an extension of the time of payment of such arrears, (

b) the reduction of the amount thereof, (

c) the acceptance of the land affected by the taxes due, or a part thereof, or of other land in whole or in part payment of such taxes, or (

d) the payment to the local authority or Minister of an increment tax upon the subsequent sale of any part of the land affected by the order, at a fixed rate, and the fixing of the basis upon which the amount of the increment tax is to be arrived at and the mode of collecting the same. t 17.

If the amount of the arrears as fixed b~T the Board with respect to any land is not paid within the time limited by the Board therefor, the Board may order that the title to the land, excluding the mines and minerals therein or thereunder, be transferred to the local authority or Minister, whereupon the Registrar of the land registration district in which the land concerned is situated shall issue to the local authority or to the Minister, as the case may be, a certificate of title for the land less mines and minerals but free of all encumbrances except such arrears of taxes as are payable to any other authority, upon the payment of a fee of fifty cents for each certificate of title.

28 118. Authority to issue debentures for any liability incurred upon the credit of the existence of arrears. 119. When compromise may be ordered. 120. Board may make an order for the separation of specified land from an urban municipality.

28 118.

(1) Where any arrears of taxes are reduced or otherwise made the subject of a compromise pursuant to this Part, then if the local authority has previously in curred any liability upon the credit of the existence of the arrears, the Board may direct the issue of debentures by the local authority for raising the amount or any part of the amount required to discharge the liability.

(2) The debentures to be issued for the purposes of subsection (1) shall be made payable upon such terms and conditions, at such rates of interest and at such periods, and be secured by such methods J as the Board thinks fit. 119. Notwithstanding any Act to the contrary, a com promise may be ordered under the provisions of this

Part in the case of lands that by reason of non-payment of taxes (

a) have been forfeited to the Crown or a local author ity and have not been sold to and completely paid for by a purchaser thereof, (

b) have been put up for sale under the provisions of The Tax Recovery Act, and have not been sold to and completely paid for by a purchaser thereof, or finally acquired by a municipality, or (

c) have been transferred to the Crown or a local authority under the provisions of The Tax Re covery Act, but the ownership thereof has not been finally acquired under the provisions of that Act, but in such cases the order shall provide for the payment of all costs incurred by the Crown or local authority in respect of the forfeiture, sale or transfer. Division 3 Separation of Land from Municipalities 120.

(1) Upon petition of an owner of any parcel of land within an urban municipality and containing at least eight acres in respect of which there is no subsisting registered plan or that is an unsubdivided part of a reg istered plan, the Board may order that the land cease to form part of the urban municipality.

(2) The order may be made subject to such terms and conditions as to the Board seem proper, and becomes ef fective 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.

(3) Any land taken out of the urban municipalit~·, unless the Board otherwise orders, continues to be liable for the payment of any debenture indebtedness to which it was subject when comprised in the urban municipality and is liable for all debenture rates or taxes imposed in respect of such indebtedness and to all the remedies for the recoyery of any such payment or rate or tax as it would have bEen

29 121. Where there are numerous petitions for the separation of land, the Board may make a general plan covering all such land. 122. Effect of separation order. 123. Change of taxation rate in an urban municipality does not affect the right to levy and collect a debenture rate.

29 liable to if it had remained in the municipality, but the Board may upon making any such order or by a subsequent order, direct that the land taken out of the urban munici pality be no longer liable and thereupon such liability ceases and determines.

(4) Where the Board refuses a petition under subsection (1) it may nevertheless direct that the urban municipality assess the land upon any basis or principle of assessment that to the Board seems proper, and that it continue to do so for a fixed term of years, and the Board may fix a maximum rate of taxation for the land for a fixed term.

(5) Whether the Board does or does not direct that the land cease to form a part of the urban municipality, it may direct that upon the sale of any part of the land an incre ment tax at a fixed rate be payable to the municipality, and the Board may fix the basis upon which the amount of the increment tax is to be arrived at and the mode of collecting the same.

(6) No land shall be separated from any urban mun icipality otherwise than under the provisions of this section. 121.

Where, from the number of petitions for separation from an urban municipality, or from any facts that come to the notice of the Board during the hearing of any petition, it seems expedient to the Board that a general plan including lands, whether subdivided or not, and of any acreage, other than those comprised in the petition, should be adopted, then the Board, upon giving such notice to all parties interested as to it seems proper, may formulate and bring into effect a general plan and may treat all lands comprised in the general plan as if they were a parcel of land duly included under a petition made under

section 120. 122.

Where the Board makes any order pursuant to sec tion 120 whereby any land is taken out of an urban municipality, the Board shall, either by that order or by a separate order, provide that the land, from the date upon which it is taken out, be added to and form part of the lands included within any other municipality or improvement district that is designated in the order and that immediately before the order became effective was, as to any part of its corporate boundaries, contiguous with or adjacent to or co-extensive with any boundary of the parcel or any part thereof, and thereupon the land becomes for all the purposes of that municipality ,or improvement district part of the land included within the corporate boundaries of the municipality or improvement district. 123.

If the rate of taxation of an urban municipality is changed by the Board, the change does not in any way affect the right of the municipality to levy and collect a debenture rate necessary to fulfill the terms of any municipal de bentures issued by the municipality prior to the order.

30 124. On application the Board may annex land to a city and specify conditions relating thereto. 125. Persons who may petition for the annexation of land to a city. 126. Prohibition against annexation except under this Part.

30 1:24.

(1) Where a majority of the resident landowners of any territory adjacent to a city desires its annexation thereto or the council of any city desires that any such territory should be annexed to the city, if the territory is not within the boundaries of an urban municipality, then the landowners or the council, as the case may be, may present a petition to the Board to that effect, and the Board there upon by order may annex any such territory to and make it a part of the city.

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

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

b) contain directions that the city assess the land in such territory upon any basis or principle of assessment that seems proper to the Board, and that the city continue to do so for a fixed term of years, and (

c) fix a maximum rate of taxation for the land in the territory for a fixed term.

(3) The order becomes effective upon the date named in the order or in the absence of any date therein upon the date of the publicntion of the order in the (;a::ett('. 125.

(1) The Board may by order annex any territory to a city upon presentation of a petition for such annexa tion from (a,) the council of any urban municipality that desires the annexation of the territory of the urban mun icipality to the city, (

b) the council of a cit~T that desires that any territory adjacent to the city be annexed to the city, (

c) the council of any municipal district that desires any part or parts of its territory to be annexed to the city, or (

d) the Minister in respect of any part or parts of an improvement district that hE' desires to have an nexed to a city.

(2) For the purpose of carrying ont the provisions of this section, the Board has all the powers vested in the Board lw

section 124, and in addition thereto may make rceomme'nda tions to the Lieutenant Governor in Council with respect to such measures as it deems requisite to remove any rEsulting hardship or any injustices to any municipalit~· or improve ment district concerned in the annexation. 126. Notwithstanding the provisions of any other Act, no territory shall be added to any city except under the provisions of this Part.

31 127. The transfer of land from one municipality to another under this

Part is not to affect vested rights relating to the delivery of public utilities. 128. Meaning of terms used in Division 4. 129. Authority of Board to cancel registered plan of subdivision upon application. 130. Vesting order upon cancellation of plan. 131. Board may order compensation to be paid to owner when land vested in applicant. 132. Collection of taxes against lands covered by a cancelled subdivision plan.

31 1~7. No order made under this Division affects or abrogates any existing contract or any existing right, of or held by, any company for the production, transmission, de livery or furnishing of water, gas, heat, light or power to or for inhabitants or businesses in the annexed or ex cluded territories, as the case may be. Division 4 Cancellation of Plans of Subdivisions 128. In this Division "interest" includes (

a) the right or interest of a mortgagee or en cumbrancee and of any owner of any other charge against land, and (

b) the right or interest of a local authority or the Crown in any roads, streets, lanes or other land. 12,9.

(1) Upon the application of the registered owner or beneficial owner of any land included in a registered plan of subdivision. and upon such V~rms and conditions as to costs or otherwise as it may fix, the Board may order the cancellation, in whole or in part, or the amendment or alteration, of the register~d plan.

(2) The Board may make such an order with the con sent of the parties or may hear such persons upon the application as it deems proper and give such notice of thp hearing as it deem,:; sufficient. 130. The Board may by the order direct that any land in the subdivision, or any right or interest in any land therein, be vested in the applicant, and the Board may make such order as to the vesting or revesting- of any land included in the plan or survey as it thinks fit. 131.

(1) Where, upon such application, any land, or any interest therein, is ordered to be vested in the applicant, the Board shall fix the amount of compensation payable therefor to the owne'r thereof, or may require the owner to accept, by way of entire or partial compensation therefor. any other land, or any interest therein, whether in that subdivision or not, and may vest the other land in the owner.

(2) The Board may order that any land fixed as compen sation for any other land be subject to the same equities, rights or interests as the land for which the compensation is given, and the order has the effect of transferring all such equities, rights or interests to the parcel of land given as compensation. 132. Where a plan of subdivision or part thereof has been ordered to be cancelled, all taxes, assessments or rates in arrears or due upon the separate parcels of land

32 133. Where an order under this Division will vest any former roads in a mortgagor, the Board may order that such lands be in cluded in the security under the mortgage. 134. Duties of Registrar of Land Titles upon receipt of an order under this Division. 135. Board may fix a time limit for the payment of tax arrears on land affected by an order under this Part and vest the land in the taxing authority if the arrears are not paid within the time limited.

32 within the area of which the plan has been ordered to be cancelled, become taxes, assessments, or rates upon or in respect of the area, and all the remedies for the enforcement and collection of taxes theretofore applicable for the re covery of the taxes, assessments or rates upon the separate parcels of land, apply in the same manner as if the taxes, rates, or assessments have b€en levied against the whole area ordered to be cancelled. 133.

(1) Whenever owing to the operation of an order made under this Division the ownership of any roads, stre.ets or lanes would vest in a mortgagor, then the Board may direct that such roads, streets or lanes be included in any mortgage or other security previously given to any mortgagee of lands adjoining such roads, streets or lanes.

(2) Upon receipt by the Registrar of the land titles office of any order vesting any roads, streets or lanes in a mort gagor, when the Board has directed that the same or any part thereof be included in the mortgage, the Registrar shall make a memorandum upon the mortgage of the fact that the roads, streets or lanes mentioned in the order are included in the parcels that are subject to the mortgage, and thereupon the mortgage operates as if such roads, streets or lanes had been included therein at the date of its making.

(3) In this

section "mortgagee" includes any mortgagee, encumbrancee or other person having a security upon land adjoining such roads, streets or lanes, whether his mort gage, encumbrance or charge is registered in the land titles office, or not, and the expressions "mortgage" and "mortgagor" have a meaning similarly extended. 134.

Upon receipt of any order under this Division, and upon payment of the proper fees, the Registrar of Land Titles for the land registration district in which the sub division is situate, shall cancel in whole or in part, or amend, or alter the subdivision in accordance with the terms of the order, and shall cancel the certificate of title issued according to the original plan and issue such new certificates of title according to the new or amended plan as are by the order required, and shall make such other cancellations and registrations and shall do all such things as are necessary to give full effect to the order. 135.

In the case of an application under this Division by a municipality or by the Minister, the Board may fix a limited time within which the owner, or any interested party in the name of and for the benefit of the owner, is to pay the ,amount of the arrears of taxes standing against the land concerned, and in case the amount of arrears against the land is not paid within the time limited, the Board may by order vest the title of the land free of all encumbrances, except such arrears of taxes as are payable to any other

33 136. The Public Utilities Board Act is amended to remove pro visions now dealt with under this Act. 137. References to the Public Utilities Board in certain statutory provisions as set out in

Schedule Two are to .be construed as references to the Local Authorities Board under this Act. 138. Notwithstanding the enactment of this Act, the Public Utilities Board is to complete any matters pending before it. 139. Commencement of Act.

Schedule One-Amendments to The Public Utilities Board Act.

33 tax enforcing authority, in the municipality or the Minister, as the case may be. 136. The Public Utilities Board Act, being

chapter 85 of the Statutes of Alberta, 1960, is amended in the manner set out in

Schedule One, being amendments consequential upon the passing of this Act. 137. A reference to The Public Utilities Act, The Public Utilities Board Act, the Board of Public Utility Commis sioners, the Public Utilities Board or the Board, in any of the sections or parts of sections of Acts enumerated in

Schedule Two, or in any other Act regarding any matter over which the Local Authorities Board is given jurisdic tion, shall be deemed to be a reference to this Act or to the Local Authorities Board established pursuant to this Act, as the case may be. 1'38. Notwithstanding the repeal of certain sections of The Public Utilities Board Act, the Public Utilities Board established under that Act shall, after the commencement of this Act, continue to proceed and deal with all applica tions (

a) that have been made before the commencement of this Act to the Public Utilities Board under The Public Utilities Act or any other Act of the Legislature, and (

b) in respect of which no order or other final dis position has been made by the Public Utilities Board before the coming into force of this Act, as though those sections of The Public Utilities Board Act had not been repealed, and for the purpose. of proceeding with or dealing with such applications the Public Utilities Board shall have all the rights, powers, duties and functions that it had under the various sections in The Public Utilities Board Act prior to their repeal. 139. This Act comes into force on the first day of July, 1961.

SCHEDULE ONE CONSEQUENTIAL AMENDMENTS TO THE PUBLIC UTILITIES BOARD ACT (a) (b) (c) (d)

(6) Clauses (

b) to (

g) and the words "with plans of subdivision as provided in this Act, and deal" in clause (h), all in subsection (1) of

section 28 are repealed. Sections 128 to 137 are repealed. Clauses (

a) to (

k) of subsection (1), and subsec sections (2) and (3) of

section 138 are repealed. Sections 139 to 185 are repealed. Sections 189 to 196 are repealed.

Schedule Two--Statutory provisions where the references to the Public Utilities Board are to be construed as references to the Local Authorities Board.

SCHEDULE TWO (Section 137) Title of Enactment The City Act Sections, subsections OJ' clauses deemed to refer to this Act or the Board established under this Act (R.S.A. 1955, Chap. 42)

Section 17, The Department of Public Health Act

Section 260, subsection (3),

Section 268, subsection (1), clause (b),

Section 298,

Section 320, subsection (6),

Section 323, subsection (1),

Section 590,

Section 593, subsection (2),

Section 627,

Section 631, Subsection (2), clause (e),

Section 632,

Section 633, subsection (1), clause (e),

Section 633, subsection (4), Sections 639 to 646 inclusive,

Section 648,

Section 653,

Section 673,

Section 689,

Section 690, Form 39. (R.S.A. 1955, Chap. 256)

Section 6, The Local Tax Arrears Consolidation Act (R.S.A. 1955, Chap. 185)

Section 22, subsection (4), clause (b). The Municipal Capital Expenditure Loans Act (R.S.A. 1955, Chap. 213)

Section 9, subsection (2), clauses (

a) and (b).

Title of Enactment The Municipal District Act 35 Sections, subsections or clauses deemed to refer to this Act or the Board established under this Act (R.S.A. 1955, Chap. 215)

Section 228, clause (b), The Municipal Hospitals Act

Section 239, subsection (3),

Section 268, subsection (2),

Section 382a, subsections (1) and (2),

Section 384, subsection (2), clause (e),

Section 385,

Section 386, subsection (1),

Section 387, subsections (1) and (2),

Section 389, subsection (2),

Section 390,

Section 391, subsections (1), (3), (4) and (5),

Section 392, subsections (1) and (2),

Section 393, subsections (1) and (2),

Section 403, subsection (4),

Section 428,

Schedule "A", Form 28. (R.S.A. 1955, Chap. 216)

Section 108, subsection (2), The Municipal Improve ments Assistance (Alberta) Act

Section 119, subsections (1) and (2). (R.S.A. 1955, Chap. 217)

Section 4, subsection (2). The New Towns Act (1956, Chap. 39)

Section 4, subsection (3). clause (c),

Section 9, clause (a),

Section 18, clause (b),

Section 23,

Section 24,

Section 25.

Title of Enactment The School Act 36 Sections, subsections or clauses deemed to refer to this Act or the Board estabiished under this Act (R.S.A. 1955, Chap. 297)

Section 215, subsection

(1) Section 236, subsections (1) and (2),

Section 237, subsections (1) and (2),

Section 238, clause (b),

Section 239, subsection (4),

Section 255,

Section 260, subsections (1) and (2),

Section 261,

Section 265, subsection (5),

Section 272, clause (b),

Section 275, subsection (2),

Section 278, subsection (1),

Section 280,

Section 281, subsections (1) and (2),

Section 282,

Section 283, subsection (1),

Section 304,

Section 437, subsection (2). The Self-Liquidating Pro jects Act (R.S.A. 1955, Chap. 308)

Section 3, subsection (3). The Tax Recovery Act (R.S.A. 1955, Chap. 334)

Section 38. The Town and Village Act (R.S.A. 1955, Chap. 338)

Section 10,

Part XI.

Section 18, subsections (1), (2), (3) and (5),

Section 113, subsection (6),

Section 213, subsections (1) and (2),

Section 257,

Section 275,

37 Title of Enactment Sections, subsections or clauses deenwd to refer to this Act 01' the Board established under this Act The Town and Village Act (Cont.)

Section 278, subsection (2), The Lloydminster Hospital Act (1948, Chap. 19)

Section 280,

Section 310, subsection (2),

Section 364, subsection (4),

Section 422, subsection (2) ,

Section 423,

Section 425, subsection (1),

Section 426, subsections (1) and (2),

Section 428, subsection (2),

Section 429,

Section 430, subsection (1),

Section 431, subsection (1),

Section 432, subsection (1),

Section 443, subsection (5) ,

Section 447, subsection (4),

Section 450b, subsections (1), (2) and (3), Form

Section 17,

Section 32.

No. 101 SECOND SESSION FOURTEENTH LEGISLATURE 9 ELIZABETH II 1961 BILL

An Act to Prescribe the Duties and Functions of the Local Authorities Board Received and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. MR. HOOKE Title: 1961 (14th, 2nd) Bill 101,

An Act to Prescribe the Duties and Functions of the Local Authorities Board

Document details

Collection	Alberta — Bills
Citation	L14 S2 2057
Type	bill
Volume / chapter	L14 S2 2057
Language	en
Format	json
Source	PROVINCIAL
Identifier	d9d84a254b198d6fe4d3f2dc2eb3811a2e3b9ddb

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