Bill 54 — A Bill To Amend the City Act Ron. (Legislature 15, Session 2)

L15 S2 1494

Alberta — Bills

2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 54 A Bill to amend The City Act RON. MR. HOOKE P.rinted by L. S. WALL, Printer to the Queen's Most Excell~nt Majesty, Edmonton, Alberta, 1965

Explanatory Note I. This Bill will amend The City Act, which is

chapter 42 of the Revised Statutes. 2. Definition of "polling place" is added.

Section 6, subsection (1) presently reads: 6.

(1) If anything to be done within a number of days or at a tinie fixed by or under this Act cannot be Dr is not so done, the Minister, by order, from time to time, may appoint a further or other time for doing it, whether the time at or within which it ought to have been done has or has not arrived or expired, as the ,case may be.

Section 41, subsection (1), clause (

g) presently reads: 41.

(1) If, after the election of any person as a member of the council, (

g) he ceases to be a Canadian dtizen, or the council by resolution shall declare his seat to be vacated and thereupon his seat in the council is forthwith vacaJted. The clause is amended to make it consistent with

section 96 which states that as one of the qualifications for election to ,council a person must be a Canadian citizen or a British subject.

Section 4,2, subsection (2.) presently reads:

(2) When the offices of two or more ,aldermen on the council become vacant by death, resignation or for any other reason than the expir ation of their terms of office, the council shall forthwith fix a nomi nation day and appoint a returning officer to hold a spedal election to fill the vacancies for the unexpired terms there·of, and the special election slhall be held as nearly as poss~ble in the manner provided by this Act for general elections, but no spedal election need take place (al) when only one office be.comes vacant, or (

b) when more than one office becomes vacant on or after the first day of July and before the ftifteenth day of September in that year, and in either of the cases mentioned in clauses (

a) and (,

b) the vacancy or vacancies shall be filled at the next annual election of aldermen.

BILL No. 54 of 1965

An Act to amend The City Act (Assented to , 1965) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The City Act is hereby amended.

Section 2 is amended by adding the following clause after clause (t) : (t1) "polling place" means the room occupied on election day by one or more deputy returning officers and other election staff and where the ballot boxes and voting compartments 'are located;

Section 6, subsection (1) ,is amended by adding after the words, "If anything to be done" the words "by a council or an official or employee of a city".

Section 41, subsection (1), clause (

g) is amended by adding after the words "Canadian citizen" the words "or a British subject".

Section 42, subsection (2), clause (

b) is amended by st~iking out the words "in that year" and by substituting the words "immediately preceding the next annual election".

Section 70, subsection (1) reads: 70.

(1) The council shall. from time to time and as often as the office is vacant, appoint one or more auditors, but no one W\ho at the time of apPo'intmAnt or during the preceding year is or was a member of the council, or is or was the city clerk, comptroller or trpasurer, or has or had, directly or indirectly, alone or with any other person, a share Dr interest in any contract or employment with or on behalf vi the city, except as auditor, shan be so appointed. 7. Prohibition of advertising on election day.

Section 210 which deals with the use of ballot papers 'and the use of candidates' names in election adver,tising is amended to remove a doubt. 9. A new

Part is added providing for elections for three-year terms. 2

Section 70 is amended by adding the following sub section:

(3) Notwithstanding subsection (1), no person is in eligible for appointment as auditor by reason only of his having or having had any interest in a contract for the supply of electronic data processing service to or for the city.

Section 203 is amended by adding the following sub section:

(4) No person shall (

a) publish or distribute, or (

b) cause to be published or dist:vibuted, on an electi.on day any advertising, infonnation or matter for or on behalf of a candidate in the election. S.

Section 210 is amended by adding the foHowing sub

section after subsection (3) : (3a) NotwUhstanding anything in this section, the city clerk or the returning officer may at any time after nomina tion day, if SQ directed by the council, cause a facsimile of the ballot for mayor and for aldermen and for school trustees to be published as often as may be desired in a local newspaper for the information of the voters. 9. The following heading and sections are added after

section 214u:

PART IVC ELECTION OF MAYOR AND ALDERMEN FOR A TERM OF THREE YEARS 214v.

(1) Where on a vote of the electors, a maj.ority of the electors voting, vote in favour of the mayor, aldermen and school trustees of the city being elected fora term of three years, the council shall by by-law declare such a system of electi.on to be in effect in the city.

(2) A vote of the electors under subsection (1) shaH be held on the day .of the annual election and in accordance with the provisions .of

Part V. 214w.

(1) A by-law passed pursuant to

section 214v takes effect at the annual election for mayor and aldermen in the year following the pass,ing of the by-law ~ith ~he mayor being elected for a three year term commencIng WIth the date of the first meeting of the council foll.owing the election and every three years thereafter at the date fixed for the annual election.

(2) In the event that the number of aldermen or school trustees is not a multiple of three, the number shall be changed to a multiple of three. 2

Section 267, subsection (1) presently reads: 267.

(1) Every by-law is valid and binding, notwithstanding any lack of compliance with the provisions of this Act either in substance or in form, or in the proceedings prior thereto or in the time or man ner of passing thereof, unless an ap'plication to quash the iby-law is made within two months or, in the case of a by-law passed under

section 320, one month next after the final ~assing thereof. 3

214x.

(1) Of the total number of aldermen elected at the first election under this Part (

a) the one-third of the total number of aldermen who lead (,

i) in .order of nomination in case no poll is held, 'Or (ii) in the voting in the event of a poll being held shall hold office for three y.ears, , (

b) the one-third of the total number of aldermen who after those set out in clause (

a) lead ' (

i) in order of nomination in ,case no poll is held, or (ii) in the voting in the event of a poll being held shall hold office for two years, and ' (

c) the remaining one-third shall hold office for 'One year, and in each case the term of office shall begin with the date of the first meeting of the council f'Ollowing the election.

(2) At an annual ·election held after the first electiQn under this Part, one-third .of the total number of aldermen ·shall be elected annually to hold .office for three years be ginning with the date of the first meeting of the cQuncil f'Ollowing the election. 214y. Notwithstanding sections 22, 93, 94 and 95, where a by-law estabHshesa system of election under this Part, the term of office 'Of the mayor and all of the aldermen then holding office expires when the mayor and aldermen elected at the annual election next following the coming into force 'Of the by-law assume office. 214z.

(1) Where a majority of the electors voting at a plebiscite vote in favour of the abolition of the system of election of mayor and aldermen under this Part, the counoil shall repeal the by-law establishing the system.

(2) Where the system .of election .of may.or and aldermen under this

Part is abolished in a city, the mayQr and all aldermen then holding 'Office may continue to hold office in aocordance with this Act until the first meeting of the council after the annual electiQn next following and their success'Ors shall be elected in accordance with

Part IV.

Section 267, subsection (1) is amended by striking out the words "'time 'Or". 3

II.

Section ~76, clause (jl) presently reads: 276. For the prevention or extinguishing of fires and for the preser vation of life and property from injury or destruction by fire, the council may purchase apparatus and equipment for extinguishing fire and may pass by-laws providing for any or all of the following: (jl) adopting and constituting the Municipal Fire Pre,vention Code (Canada), with the exception of any specHied provisions thereof or any modification of that code, either in place of or in addition to any regulations made under any other clause of this section; The name of the Code has been changed and the

section is amended a'ccordingly.

Section 283, subsection (2), claus'e (dl) presently reads:

(2) The council of a city may pass by-laws (d1) delegating to the city commissioners the power to pre,scribe where parking meters, traffic signals, highway traffic signs, stop signs, yield signs, ,speed limit ,signs or other similar signs for controlling and regulating traffic in public places are to be located and providing for a record of such locations to be kept and which shall be open to public inspection during normal busine,ss hours,

Section 303a reads: 3OOa.

N otwJthstanding any other provision of this Act, where in the exercise by a city of any of the po,wers conferred on it by this Act the city, in the erection or construotion of a city work or structure, causes damage to an owner or other person having an interest in land immediately adjacent to the land upon which the city erects or constructs the work or structure by reason of loss of or permanent lessening of use of the land of that owner or other person, t4e person sustaining the damage is entitled to compensation therefor and may, at any time after the damage has been ,sustained and within sixty days after notice has been given in a newspaper of the completion of the work ·0'1' structure in res,pect of which the damage is sustained, file with the city clerk a claim for damages in respect thereof, stating the amount and particulars of his claim. 14.

Two clauses of

section 318, SUbsection (2) are amended to bring them into conformity with the other wording of the section. I S.

Section 320, subsections (1), (3) and (4) read: 320.

(1) The council may pass by-Iaw.s for tJhe pUI"Pose of cLosing and selling, leasing or holding the whole or any portion of any street, road, lane or pubUc highway.

(3) Any such person so claiming, petitioning and appearing is entitled to be compensated for all damages to his land by reason of anything done under such by-law. (4.1 The compensation s4a11 be determined in the same manner and subject to the same conditions as compensation in the case of expropria t10n. 16. This

section deals with civic housing projects which will be governed under the proposed new Alberta Housing Act. 4

11. Secti.on 276, clause (j1) is amended by striking out the word~ "¥unicipal Fire Prev~nti.on Code (Canada)" and by substItutIng the words "NatIOnal Fire Code .of Canada 1963". 12. Secti.on 283, subsection (2), clause (d1) is amended by adding after the w.ords "city commissioners" the words ", or where there are none t.o the city clerk,".

Section 303a is amended by renumbering the

section as subsection (1) and by adding the f.ollowing subsecti.on after the renumbered subsection (1) :

(2) This

section does not apply to any damage caused by (

a) the erecti.on of median strips .or b.oulevards down the centre .of a highway, street or lane for the pur pose of chanelling traffic, .or (

b) the restriction of traffic to one direction only on any highway, street, .or lane. 14. Secti.on318, subsection (2) is amended (

a) as to clause (

b) by adding after the word "'lands" the words ", buildings .or P.orti.on thereof", (

b) as to clause (

d) by adding after the words ".other purpose, lands" the words co, buildings .or porti.on thereof".

Section 320 is amended by striking .out subsection (4) and by substituting the following:

(4) Where a olaim is made for compensation for damages by the .owner or occupier .of .or .other person interested in lands alleged to have been injuriously affected by the ex ercise .of any of the powers .of the council under this secti.on, if the council is not able to agree with the claimant as to the amount .of compensation or damages, the compensation and damages shall be settled and determined by the award of a judge of the Supreme Court of Alberta or of the district court of the judicial district in which the city is situated or of a barrister to be appointed by him as arbitrator.

Section 322 is repealed. 4

Section 353a, subsection (3) presently reads:

(3) Where tJhe council of a city has passed a by-law for the licensing of mobile homes, then as soon as a mohile home is used as a residence in the city, the full amount of the licence fee for that portion of the licensing year then unexpired thereupon becomes due and payable unless the city and the owner of the mobile home have entered into an agreement whereby the licence fee is made paya,ble on a monthly basis.

Section 388, clause (

a) is amended to remove an accidental repetition of words. No change of meaning results.

Section 399 presently reads: 399. The council may pass by-laws (

a) providing for taking the census of the city, (

b) providing for the submission to the vote of the ellectors or proprietary electors any municipal question not specifically authorized by this Act to be submitted, and (

c) providing for the taking of a plebiscite of the electors or of the proprietary electors upon any question, matter or thing.

Section 437 is amended to alter an incomplete cross-refer ence. The

section presently reads: 437. The city shall do as little damage as po,ssible in the execution of the powers granted to it by tJhis Act and shall make reason3.tble and adequate satisfaction to the owners, occupants or other persons inter ested in the land, waters, rights or privileges entered upon, taken or used by the city or injudously a,ffected by the exercise of its powers, and in case of disagreement the ,compensation or damages shall be ascertained lin the manner provided in se-ction 309.

Section 457, subsections (2) and (3) presently read:

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

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

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

(3) Clause (

b) of subsection (2) does not apply with respect to (a.), an occupant in possession of the property in an official capacity on behalf of a person exempt from taxation, or (

b) an occupant of property owned by a municipality. 22. A new

section is added dealing with the assessment and taxation of partially exempt property. 5

Section 358a, subsection (3) is amended by striking out the words "on a monthly basis" and by substituting the words "by instalments in advance". 18. 8ection 388, ,clause (

a) is amended by striking out the words "or erection".

Section 39'9 is amended (

a) by striking out the words "pass by-laws", (

b) by striking out the word "providing" where it occurs in clauses (a), (

b) and (

c) and by substitut ing the word "provide".

Section 437 is amended by striking out the words "section 309" and by substituting the words "'this Act or The Expropriation Procedure Act, as the case may be".

Section 457 is amended (

a) as to subsection (2), clause (

b) by adding after the word "property" the words ", or part thereof,", (

b) as to subs,ection (3) by striking out clause (

b) and by suhstituting the following: (

b) an occupant under a lease, licence .or permit of property owned by a municipality .or leased from the Crown by a municipality. 22,. The following

section is added after

section 457 : 45,7 a.

(1) Where, by or under any law in force in the Province, any land or improvement is wholly or partly exempt from assessment or taxation, or both, while or if it (

a) is used f.or, or (

b) is chiefly or mainly used for, or (

c) is required and used for, a specified purpose, then, notwithstanding any such law the land or improvement is subject to assessment to the extent that the use thereof does not come within the exemption and any taxes levied in such a case are due, payable and recover able in respect of and against the entire property affected by the exemption as if no exemption existed. 5

23. Improvements for industrial purposes exempt from 'assess ment when not completed.

Section 464, which authorizes the adoption of the assessment roll of one year in up to 6 consecutive years is amended to make it subject to the new

section providing for annual depreciation. 6

Section 465, subsection (2) reads:

(2) A special franchise shall be assessed for purposes of taxation at thirty per cent of the fair actual value of the machinery, eguLpment and apparatus used in the exercise Off the franchise and not other wise assessed.

(2) Where, by or under any law in force in the Province, part 'Of a parcel or part of an improvement is exempt from assessment or taxation, or both, then (

a) that part of the parcel or improvement which is not S'O exempt shall, for the purposes of assessment and the levying of taxes, be deemed to be an entire parcel or improvement, as the case may be, and (

b) any taxes levied in such a case are due, payable and recoverable in respect of and against the entire property affected by the exemption as if no exemp ti'On existed.

(3) The M,inister may make regulations prescribing rules and procedures (

a) for establishing the extent to which any property is or is not subject to assessment under subsection (1), (

b) for establishing or selecting the parts of any prop erty that are and are not subject to assessment as mentioned in subsection (2), and (

c) concerning any 'Other matter he considers necessary for carrying out the intent and purpose of this sec tion.

Section 45r8 is amended by adding the following sub secti'On:

(11) Notwithstanding anything in this Act, where a new improvement (

a) intended t'O be used for manufacturing or processing purposes, 'Or (

b) intended to be used in ,connection with a manu facturing or pr'Ocessing 'Operation for the storage of the materials manufactured or processed, is not completed and in operation before the thirty-first day of October in any year, the improvement is exempt from assessment in that year.

Section 464 is amended (

a) as to subsection (1) by striking out the words "The council" and by substituting the words "'Subject to

section 468a, the council", (

b) as t'O subsection (2) by adding after the words "the council may" the words ", subject to

section 468a". 25. Secti'On 465 is amended by adding the foll'Owing sub secti'On 'after subsection (2) : (2a) Where a special franchise is assessed, .annual de preciati'On shall be allowed on the machinery, eqUIpment and apparatus mentioned in subsection (2), not to exc~ed a maximum of fifty per cent so ,long as the property contInues to be in use. 6

26. The purpose of this amendment is to exclude buildings and improvements from the definition of "land" as set forth in clause (

m) of

section 2 of The City Act. With the coming into force of the proposed

section 468a, buildings and improvements will become subjoect to annual depreciation while the assessment of land re mains unaffected.

Section 468, clause (

b) presently reads: 468. In any city when the whole or any par,t. of the assessment roll of the current year is adopted under the proVlslOns of

section 464, (

b) the assessor shall re-assess, not later than t1].e thirty-first day of October, an assessable property, the value of Wlhich has been decreased by the destruction of buildings or improvements thereon or from so-me cause other than fair wear and tear, or the ,z,alue of which has been increased by the erection, com pletion or substantial repair of buildiings or improvements t1].ereon, or by soone other physical cause, and The amendment will bring the claus'e into line with the equivalent provision in The Assessment Act, 19'60>. 28. Annual depreciation allowed on all improvements.

Section 46i8a presently reads: 468a. Notwithstanding any other provisions of this Act improvements as described in subclause (iii) of clause (j1) of

section 2, sihall be assessed and depreciated annually, with the depreciation allowance not to exceed a maximum of fifty per cent so long as the property continues to be in use.

Section 497, subsection (1) presently reads: 497.

(1) The council of any city, by by-law, may establish a court of revision by appointing three members thereof and may provide that no member shall be an alderman or commissioner of the city.

Section 521, subsection (4) reads in part:

(4) The council shall, by by-law, authorize and levy upon the assessed value of all ,assessed property shown on the assessment roll, a tax at suoh uniform rate on

Section 544, subsection (1), clauses (

k) and (0) presently read: 544.

(1) The following property is exempt from taxation: (

k) land and improvements owned by a mun~cipality when held for the use of the municipality; (0) all property belonging to the city, except all or such portion of such property as the council by ,resolution in any year desig nates as liable to taxation for municipal purposes only; The

section is revised to make it consistent with

section 457 as amended in 1964 and ,to make it more capable of precise interpre tation. 32. Commencement of Act. 7

26. The following

section is added after

section 465 : 465a. In this Part "land" means physical land.

Section 468, clause (

b) is amended by striking out the word "physical". '28.

Section 468a is struck out and the fol,lowing is sub stituted: 468a.

(1) Notwithstanding anything in this Act, annual depreciation shall be allowed on an improvements.

(2) With respect to improvements described in subclause (iii) of clause (j1) of

section 2 the annual depreciation allow'ed shall not exceed a maximum of fHty percent so long as the property continues to be in use.

Section 497, subsection (1) is amended by striking out the word "three" and by substituting the words "not more than five".

Section 521, subsection (4) is amended by adding after the words "The council shall" the words "in each year".

Section 544, subsection (1) is amended (

a) by striking out clause (

k) and by substituting the following: (

k) land and improvements (

i) owned by a municipality? or (ii) held under lease, licence or permit from the Crown by a municipality, (

b) by striking out clause (0). 32.

(1) This Act, except sections 24 and 28, comes into force on the day upon which it is assented to and upon so coming into force clause (

a) of

section 21 shall be deemed to have been in force at all times on and after the thirtieth day of October, 1964.

(2) Sections 24 and 28 come into force on a date to be fixed by proclamation. 7

No. 54 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABETH II 1965 BILL

An Act to amend The City Act Received and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. MR. HOOKE Title: 1965 (15th, 2nd) Bill 54,

An Act to amend The City Act

Document details

Collection	Alberta — Bills
Citation	L15 S2 1494
Type	bill
Volume / chapter	L15 S2 1494
Language	en
Format	json
Source	PROVINCIAL
Identifier	da4c66bd94f3dde924603722eeb94ab03bef918b

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