Bill 14 (Legislature 11, Session 5)

L11 S5 6811

Alberta — Bills

Bill No. 14 of 1952. A BILL RESPECTING TOWNS AND VILLAGES. NOTE. This Bill enacts a new Act to be known as "The T01.on and Village Act, 1952" in substitution of the present Act. The Act has been rearranged with a view to having the subjects dealt with follow the same sequence as they appear in The City Act. All provisions dealing with any particular subject have been assembled together so far as possible to fa,cilitate ease of reference.

In addition to trying to im prove the order of Parts and sections many individual sections have been reworded in order to clarify or simplify them, or to make their wording correspond more closely to the equivalent provisions in The City Act. The new Bill does not make any substantial changes in the principles or in the law governing towns and villages and their administration. However, there are some minor substantive changes in individual sections and provisions. Some provisions in the old Act which have become obsolete or are no longer used have been eliminated.

Apart from changes in drafting to clarify or simplify the various provisions the principle substantive changes are referred to in this note. The sections dealing with qualifications for office and for voting have been changed to require that the office holder or voter be a Canadian citizen rather than a British subject. This makes the requirements of this Act conform with The City Act and a number of other provincial en actments. The sections where this change occurs are sec tions 103, 106, 107, 108 and 109, subsection (3). The new

section 24 enables a town to be formed by order in council rather than by proclamation as was formerly required. The purpose of this change is to simplify the procedure.

Section 2'64 is a new

section made necessary by reason of the division of the former Department of Public Works into two departments. The new

section refers to the Minister of Highways.

Section 296 which deals with control of vehicles and high way traffic has been amended for the purpose of allowing a council to fix a maximum speed limit within a town or village for all vehicles. This amendment ~onforms to .a similar amendment to The Vehicles and Htghway Traff'lC Act.

Section 344 is a new

section resulting from a suggestion of the Board of Public Utility Commissioners. When a municipal area changes its status from a hamlet to a village, or from a village to a town, the question frequently arose whether a franchise given or contract entered into before the change of status was binding after the change of status. The new

section provides specifically that such contracts or franchises continue to be binding, notwithstanding the change of status.

Section 367, which deals with discounts allowable for the early payment of taxes, has been amended for purposes of clarification. There were several types of situations where it was open to doubt whether the discount was avail able or not under the former provision and the change in wording is intended to remove doubt in these situations. For convenience of reference the Parts into which the Act is divided and the headings under which the subjects in each Part are classified are set out in

section 10. By referring to this

section you can find the approximate location and the

section number of the subject matter in which you are interested. This Bill comes into force on the 1st day of July, 1952. KENNETH A. McKENZIE, Legislative Counsel. . (This note does not form any part of the Bill but is offered 'in explanation of its provisions.)

BILL No. 14 of 1952.

An Act respecting Towns and Villages. (Assented to ,1952.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the ProvinC€ 'Of Alberta, enacts as follows:

PART I. INTRODUCTORY. Short Tit!le. 1. This Act may be cited as "The Town and Village Act,

Short title 1952".

Interpretation. 2.

In this Act, unless the context otherwise requires - I?terpreta-, bon (a) "buildings and improvements" and "improvements" "buH.dings II b 'Id' t f 'Id' d II and Improve-means a Ul lngs or any par 0 a bUl lng an a ments" and structures erected upon, in, over, under or affixed ~~lt~?ve or attached to land and includes all machinery, equipment and appliances which constitute an in- tegral part of the building or other structure; (b) "conditional owner" means a person who is a pur- "conditional owner" chaser, lessee, licensee or permittee from the Dominion of Canada or the Province of land or other property if such land or property is not ex empt from assessment or taxation by reason of the provisions of The Assessment Act; (c) "elector" means a person entitled to vote at an "elector" election, or upon a by-law or at the taking of a vote, as the case may be, as set out in

Part V; (d) "felony" means an indictable offence which under "felony" the Criminal Code is punishable with death or im prisonment for a period of five years or over; (e) "first election" means the election of mayor and ~r:J~on" councillors in a town and of councillors in a village first held after the formation of the town or village and any subsequent election held prior to the com pletion of the first voters' list; <I> "first meeting" means the first meeting of the ;!~\ng" council of a town or village after a first or general election;

2 "general election" "hawker" or "pedlar" "hospital" "indigel'lt person" "judge" "land" "local authority" "Minister" "municipal- ity" "owner" (g) (

h) TOWN AND VILLAGE (PART I) 1952 "general election" means the election under this Act, nominations for which are directed to be made upon the third Monday of February in each year; "hawker" or "pedlar" means a person who, whether as principal or agent,- (

i) goes' from house to house selling or offering for sale any merchandise to any person, and who is not a wholesale or retail dealer in such merchandise ha ving a permanent place of business in the town or village; or (ii) offers or exposes for sale to any person by means of samples, patterns, cuts or blueprints, merchandise to be afterwards delivered in or shipped into the town or village; or (iii) sells merchandise on the streets or roads or elsewhere than at a building which is his per manent place of business; but does not include a person selling,- (iv) meat, fruit or o~her farm produce which has been produced, raised or grown by himself; or (

v) fish of his own catching; (i) "hospital" means a hospital approved by the Minister of Health under the provisions of The Hospitals Act; U) "indigent person" means a person who is actually destitute of means from his own resources of obtaining food, clothing, shelter, medical advice or attention and hospital care necessary for the im mediate wants of himself and his dependants; (lc) "judge" means a judge of the Supreme Court of Alberta or a judge of the District Court having jurisdiction in the judicial district within which the town or village is wholly or mainly situated; (l) "land" means lands, tenements and hereditaments and any estate or interest therein, other than min erals; (m) "local authority" means the council of a city, town, village or municipal district, and with respect to an improvement district or a transient person means the Minister of Public Welfare, and with respect to a special area means the Minister of Municipal Affairs; (n) (0) (p) "Minister" means the Minister of Municipal Affairs; "municipality" means a city, town, village, mun icipal district, improvement district or special area; "owner" means, in the case of land, the person who is registered under The Land Titles Act as the owner of the land, or in the case of property other than land, the person who is in legal possession thereof;

1952 TOWN AND VILLAGE (PART I) 3 (q) "parcel" means,- "parcel" (

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

section of land according to the system of surveys under The Alberta Surveys Act or any other area the description of which has been approved by the proper Land Titles Office; (iv) all the land forming part of any railway, irriga tion or drainage right-of-way; (r) "person" includes a corporation or partnership; "person" (s) "prescribed" means prescribed by the Minister of "prescribed" Municipal Affairs; (t) (u) "proprietary elector" means,- "pro-prietary (

i) a person, who is a resident of the town or elector" village, who is entitled to vote at an election under this Act and whose name appears on the assessment roll in respect of land liable to assessment and taxation; and (ii) a person who is not a resident of the town or village, who is entitled to vote at an election under this Act and whose name appears on the assessment roll in respect of land liable to assessment and taxation; Provided, however that where the names of two or more non-resident persons appear on the assessment roll in respe,ct of one parcel, only one of such persons shall be a proprietary elector in respect of that parcel and entitled to vote as such; "purchaser" means a person who has purchased or "purchaser" otherwise acquired land within the town or village whether he has purchased or otherwise acquired the land directly from the owner thereof or from an- other purchaser, and has not become the owner thereof; ( v ) "rateable propert y d " me3;n ld s. the tota d I . amount of tthe ~~~~~~~~~, assessment of Ian s, bUI lngs an lmprovemen s; (w) (x) "special election" means any election of councillors "lsPect , ia~, • e ec Ion other than a general or a first el~ctlOn; "transient trader" means a person who does not "transient • trader" ordinarily maintain within the town ?r vIlla~e a permanent place of business and who IS not lIable for a business tax in respect thereof, and who, either as a principal or an ~gent, buys or offers to

4 Application of Act Exlension of time for proceedings dependent on prior proceedings Holding of poll for special purpose when no general election Ministerial power of fixing times for proceedings TOWN AND VILLAGE (PART I) 1952 buy directly from the producer thereof any merchandise or sells or offers to sell to the con sumer any merchandise except,- (

i) agricultural products raised, grown or pro- duced by him; (ii) fish of his own catching; but does not include a hawker or pedlar who is duly licensed under The Licensing of Trades and Businesses Act in respect of the business for which he is so licensed. Application of Act. 3.

(1) This Act applies to all towns and villages lawfully constituted or incorporated under this or any other Act or ordinance respecting towns and villages at any time in force in the Province.

(2) Each provision of this Act applies to every town and village except where it is expressly provided that a provision is applicable only to a town or to a village, as the case may be.

(3) Where a provision refers to a town or village the reference shall be deemed to be to the town or to the village, as the case may be, and where it refers to corporate limits the reference shall be deemed to be to the corporate limits of the town or of the village as the ,case may be. Implied ,Provisions. 4.

(1) Where in this Act a date is fixed on or by which a certain thing is to be done or proceedings had or taken and it appears that the date was fixed having regard to an earlier date on or by which a certain thing is to be done or proceedings- had or taken, then notwithstanding anything herein contained, if delay be occasioned or an ex tension of time allowed, in respect of the earlier date, a like delay or extension of time shall be allowed in respect of the later date.

(2) Whenever under this Act an election is to be held or a question to be submitted or some other thing is to be done at the time of a general or other election, and it becomes unnecessary to take a poll thereat, then the first mentioned election shall be held or question submitted, or other thing done at the time upon which the poll would have been held if necessary. 5.

(1) If anything to be done within a number of days or at a time fixed by or under this Act cannot be or is not so done, the Minister by order from time to time may appoint 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.

1952 TOWN AND VILLAGE (PART I) 5

(2) Anything done at or within the time specified in the Validity of order shall be as valid as if it had been done at or within ~i\1~e~ne the time fixed by or under this Act. specified 6. Where in this Act a certain day is fixed on which or Where day by which certain things are to be done or proceedings i~~~~~day had or taken and the day so fixed is a Sunday or other or holiday holiday, the things or proceedings shall be done, had or taken by the next day following the fixed day which is not a holiday. 7.

Where power to make by-laws, regulations, rules or Power to orders is conferred it shall include the power to alter or ~!~~k~nd revoke the same from time to time, except by-laws which by-laws, etc. have been made for the purpose of raising money, making assessments or striking rates. Names of Towns and Villages. 8.

(1) In the case of a town the name of the body Corporate corporate shall be "The Town of (naming the same) ," and name in the case of a village the name of the body corporate shall be "The Village of (naming the same)."

(2) The Minister from time to time may alter the name Alteration of a town or village upon the petition of a majority of the of name council.

(3) A notice of the alteration shall be published in The Alberta Gazette.

(4) The seal used by the town or village before the alteration of its name shall continue to be the seal until changed by the coun.cil.

(5) No change of name shall affect any obligation, right, Saving action, or property, incurred, established, done or acquired clause prior to such change. 9. Every town and every village shall have an office at a Office of place named by the ,council within the corporate limits ~~;r~g~r thereof. Division of Act. 10. For convenience of reference only this Act. is ~i~~~on divided into Parts and classified under the follOWIng headings,- PART

SECTION 1. INTRODUCTORY

Short Title ......... . ........................ .

Interpretation ............ . ............. . Application of Act ..................................... . Implied Provisions .......................... . Names of Towns and Villages .... , ... . Division of Act. .............................................. . 1- 10 1 2 3 4- 7 8- 9 10

6 TOWN AND VILLAGE (PART I) 1952, PART

SECTION II. FORMATION, ALTERATION AND DISSOLUTION OF VILLAGES ........ . 11- 23 11- 16 17 18- 21 22 23 Formation of Villages ............................... .. Boundaries of Villages......... .. ............. . Alteration in Boundaries of Villages ......... . Dissolution of Villages ................................. . Summer Villages ........................................... . III.

FORMATION AND ALTERATION OF TOWNS ....... ........................................... 24- 37 Formation of Towns ..................................... 24- 33 Boundaries of Towns.................................... 34 Alteration in Boundaries of Towns.. 35- 36 Change of Status from Town to Village 37 IV.

GENERAL GOVERNMENT AND ADMINISTRATION ...................... ............. 38- 95 Incorporation of Towns and Villages 38 DIVISION A-THE COUNCIL.......... ..................... 39- 63 Jurisdiction and Membership. ............ 39- 42 The Mayor ......... ....................... .................... 43- 45 Meetings of Council ................... .................. 46- 57 Public Meeting .... .. .... .... .. .. .. ...... .. .. .. ... 58 Remuneration of Council ............................ 59- 60 Resignations, Vacancies, Forfeitures of Seats .. ............................................... 61- 63 DIVISION B-OFFICIALS AND EMPLOyEES ........ 64- 95 Secretaryt-Treasurer .................................... 64- 69 Assessor ........................................................ 70- 71 Auditor ...... .................................................. 72- 7,6 Solicitor . .. .... .. .. ..... . .. ... . .. . ... .. ... . .. .. ........... .. ...... 77 Town Manager .............................................. 78 Poli,ce . . ... .. .... ......... ..... .. ...... ...... ....................... 79- 82 Fire Department. ...................... .. .... ............... 83 Health Officer.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . .... . 84 Inspectors . ... . .. .... .... .. .. .. .. .. .... . . ... . .. . . .. ... ...... . ... 85- 87 General Provisions Relating to Officials and Employees .................................. ,........ 88- 94 Superannuation or Gratuities ...................... 95 V.

ELECTIONS ...................................................... 96-208 First Election in a Village............................ 96 Annual Election in a Village........................ 97 First Election in a Town................................ 98 Annual Election in a Town............................ 99 Special Provisions Relating to Tenure of Office ............................................................ 1 00-1 02 Qualification of Mayor and Councillors ...... l03-105 Qualification of Voters .................................. 106-107 Persons Entitled to Vote in a Village.... 106 Persons Entitled to Vote in a Town...... 107 Enumeration .................................................. 108

1952 TOWN AND VILLAGE (PART I) 7 PART

SECTION Preparation of Voters' List .......................... 109-116 Court of Revision of Voters' List ................ 117-120 Procedure Preliminary to Conduct of Election ...................................................... 121-124 Nominations .................................................. 125-129 Procedure Preliminary to Holding of a Poll .............................................................. 130-145 Election Procedure ...................................... 146-149 Poll at Elections ............................................ 150-169 Procedure After Close of Poll .................... 170-189 Advance Poll .................................................. 190 Recount .......................................................... 191-197 General Provisions .......................................... 198-202 Ele·ction Offences and Penalties .................... 203-208 VI.

VOTING ON BY-LAWS .................................. 209-246 Procedure Preliminary to Holding a Poll .... 209-220 The Poll ........................................................ 221-228 Procedure After Close of Poll ...................... 229-241 Recount .......................................................... 242-245 Election Procedure Applies to Voting on By-laws .... ........................... ........................ 246 VII.

POWERS AND DUTIES OF THE COUNCIL ...................... ' .................................. 247-339 General Provisions as to By-laws..... ..247-256 Infraction of By-laws................ .257-261 Highways and Public Places ........................ 262-268 Control of Highways ................................ 262-265 Maintenance of Highways ........................ 266-268 Ac.quisition of Land and Buildings ............ 269-293 J oin~ 9wl!e,rship With Other MunIcIpahtIes .................................... 275 Airports ......................................... 276 Temporary Roads ...................................... 277 -278 Expropriation ............................................ 279-293 Disposal of Lands ........................................ 294-295 Control of Vehicles and Highway Traffic .... 296-298 Protection to Person and Property ............ 299-302 Fire Protection .......................................... 299 Domestic Animals ...................................... 300-301 General By-laws Relating to Protection to Person and Property............................ 302 Public Health ................................................ 303-318 Infectious Diseases, Nurses, Hospitalization .......................................... 303-308 Doctors ...................................................... 309-310 Scavaging and Disposal of Refuse ........... 311-313 General By-laws Relating to Public Health ........................................................ 314-318 Control of Buildings................... . 319-320 Public Market and Scales........... 321 Licenses ............................................ .322-327 Grants and Bonuses............ .. ............. 328-330

8 TOWN AND VILLAGE (PART I) 1952 PART

SECTION Indigents ......... 331-333 Irrigation ....... .......... .................. .................... 334 Miscellaneous . By-laws .................................. 335-339 Holidays ...................................................... 335 Numbering Streets and Houses ............ 336-337 Census ........................................................ 338 Trees ...... ..................................................... 339 VIII. PUBLIC UTILITIES ......................... . .......... 340-344 IX.

RATES, TAXES AND SERVICE CHARGES ......... ................. . ........... 345-389 Tax Year ............ , .. . . .. ....... . ..... ................ ...... 345 Estimates and Levy ............ , ....................... 346-347 Payment of School Requisitions. . ............. 348-349 Minimum Taxes ........................................ 350-353 Frontage Taxes .................................. 354-355 Service Charges .............................. 356-358 Water, Sewer, Irrigation... . ......... 356-358 Taxes on Transient Traders. 359 Dog Tax .... ................ ............. .............. 360 Tax Collections .. .......... . .......................... 361-369 Recovery of Taxes by Suit or Distress ...... 370-386 Compromise and Cancellation of Taxes ...... 387-389 X.

LOCAL IMPROVEMENTS .......................... 390-407 General .......................................................... 390-391 Special Frontage Assessment ...................... 392-393 Special Local Benefit Assessment............... 394 Initiating Local Improvements .................... 395-397 Fixing Special Assessment...... . .... 398-400 Special Assessment Notice ............................ 401-402 Appeal from Special Assessment .... 403-405 Borrowing Powers for Local Improvements .......................................... .406-407 XI.

FINANCE ................... . .......... 408-445 Temporary Loans ............. . ............. 408-411 Money By-laws-General.... . ..... 412-415 Debenture By-laws ..................................... 416-422 Submission of Debenture By-laws to Board of Public Utility Commissioners .............. .423-425 Issue of Debentures ........................................ 426-430 Repayment of Debentures and Sinking Fund ............................................................ 431-440 Deposit of Sinking Fund with Provincial Treasurer ................................ 441-443 Reserve Funds .............................................. 444-445 XII.

LEGAL PROCEEDINGS ............................... 446-460 Actions by and Against Towns and Villages ................... '" ............................... .446-456 Quashing By-laws and Resolutions ............ 457-458 Executions Against Towns and Villages ... .459-460

1952 TOWN AND VILLAGE (PART II) PART

SECTION XIII. GENERAL OFFENCES AND PENALTIES ......................... . ........... .461-470 Offences by Co.uncillo.rs.......... . ............. .461-46'3 Offences by Officials .................................... .464-465 Miscellaneo.us Offences ............................. .466-470 XIV. MISCELLANEOUS MATTERS ................... .471-475 Go.vernmental Co.mmissio.n o.f Inquiry........ 471 Judicial Co.mmissio.n o.f Inquiry.................... 472 Inquiry by Co.uncil ........................................ 473 Co.ming into. Fo.rce ..................................... .474-475

PART II. FORMATION, ALTERATION AND DISSOLUTION OF VILLAGES. Formation of Villages. 11. All villages lawfully o.rganized o.r fo.rmed prio.r to. Continua- the passing o.f this Act shall co.ntinue to. be villages. ~wra~~ 12. The Minister by written o.rder may fo.rm into. a Formation village any part o.f the Pro.vince which is no.t in who.le o.r of village in

part included in a city, to.wn or village, if such

part co.ntains no.t less than fifty separate buildings, each of which has been occupied co.ntinuo.usly as a dwelling ho.use fo.r a perio.d o.f at least o.ne mo.nth; and may do. so. either o.f his own mo.tio.n, o.r UPo.n receipt o.f a petitio.n. 13.

(1) Any such petitio.n shall,- Petition. ( ) b ' h f b' 'b d f t' t for formmg a e In suc o.rm as maye prescrI e ro.m Ime 0. village time by the Minister; (

b) be signed by at least twenty perso.ns, who., if such part o.f the Pro.vince were erected into. a village Wo.uld be qualified as vo.ters therein; (

c) be acco.mpanied by a plan sho.wing the pro.Po.sed boundaries o.f the village.

(2) Every signature shall be attested by so.me perso.n entitled to. sign the petitio.n.

(3) Upo.n the receipt o.f a petitio.n, the Minister may change either by additio.n o.r subtractio.n, the pro.Po.sed bo.undaries o.f the village. 14.

(1) Upo.n the receipt o.f a petitio.n, the Minister Noti~e of h .. I petitIon S all cause to. be Po.sted up In three Co.nSpICUo.US paces within the pro.Po.sed village and to. be published in two. issues o.f a paper having a general circulatio.n within the pro.Po.sed village, a no.tice in the prescribed form. 9

10 TOWN AND VILLAGE (PART II) 1952 Objections to

(2) Any person may file with the Minis~er, w~thi? a petition period of thirty days from the date of the notIce, objectIons to the formation of the proposed village. Formation of village by Ministerial order Contents of order Publication of order Conclusive evidence of formation of village Misnomer, misdescrip tions and omissions Appoint ment of returning officer Road allowances and village boundaries

(3) If during the p~r.iod of thirtr .days, no ob~ect!ons are filed or if in the opInIOn of the MInIster, any objectIons filed do' not disclose sufficient reasons against the forma tion of the village, the Minister may form the same by written order. 15.

(1) The written order shall contain,- (

a) an accurate statement of the boundaries of the village; (

b) the date upon which it is to become effective; (

c) a statement of the day on which and the time at which the nomination of members of the council is to take place; (

d) a statement of the day on which and the time at which the first meeting of the council shall be held.

(2) The order shall be published in The Alberta Gazette and shall become effective upon the date named therein.

(3) The due publication of the order shall be conclusive evidence of the legal formation of the village and of the fulfilment of all conditions precedent thereto.

(4) Any misnomer, misdescription or omission or other error in any such order may be corrected by subsequent order, and the order so corrected may be ,confirmed by the Minister as of the date of the original order. 16. Immediately upon signing the order, the Minister shall appoint a suitable person to a·ct as returning officer at the first election of councillors and to hold that election as set out in

Part v. Bo,undaries of Villages. 17.

(1) For the purposes of defining boundaries of a village under this Act, those sides of road allowances upon which monuments or posts are placed under a survey made pursuant to The Dominion Lands Surveys Act, The Alberta Surveys Act, or any other Act of the Parliament of Canada or of the Province relating to surveys, shall be the boundaries either of townships or of sections; except that in the case of correction lines, the south side of the road allowance shall be the boundary.

(2) A road allowance between an Indian reserve and a village shall be deemed to be in the village, notwithstanding anything herein to the contrary. Alteratio,ns in Boundaries of V.llages. t;~~:i~Y~ of 18. The Board of Public Utility Commissioners by order by Board of may, Public Utili~y Com- (

a) annex any portion of a village to any adjoining miSSIOners municipal district or improvement district;

1952 TOWN AND VILLAGE (PART II) (

b) annex to any village, any outlying area adjacent thereto, but not included within the limits of any city or town. 11 19.

(1) Every such order shall be published in The Publication Alberta Gazette and shall become effective upon the date g~n~f~:i~e named therein or in the absence of any date, upon the date evidence of its publi~ation.

(2) The publication of the order shall be conclusive evidence of the fulfilment of all conditions precedent thereto.

(3) Any misnomer, misdescription or omission or other M~snome!. error in any such order may be corrected by subsequent ti~~d~7rp order and the order so corrected may be confirmed by the omissions Board of Public Utility Commissioners as of the date of the original order. 20.

(1) Whenever under the provisions of this Act, a ~ig~~s.and municipality or any part thereof (hereinafter referred to as ~;~~~~~~s re "the old district") is included in another municipality transferred (hereinafter referred to as "the new district"), either at ~~r;:igi~~lity the time of the formation of the village or subsequently to another thereto, the property, rights and liabilities of the old dis- trict, including all taxes then due, shall pass to the new district and all remedies that were available for the collec- tion of any such taxes due to the old district, shall be avail- able to the new district. in all respects as though the taxes or arrears had originally been due to it.

(2) All questions arising over the divisions or apportion- Ministerial ment of the said property, rights and liabilities or otherwise, f~;i:~t:~nd shall be decided finally and without appeal by the Minister, liabilities unless other provisions for the settlement or adjudication of the same have been made in this or any other Act, and the Minister may give such orders and directions as may be necessary to give effect to his decision.

(3) This

section shall be subject to the provisions of The Applicability Tax Recovery Act, -relating to the transfer of land from l1e~o~eer~(tx one municipality to another. Act

(4) Nothing contained in this

section shall prejudice the Rights of . ht f d b t h ld . debenture rIg s 0 e en ure 0 ers In any way. holders 21. No misnomer, misdescription or omission in an order M!sdnome!. f · '11 It''t h II d' miS escrlp-ormIng a VI age or a erIng 1 s area, s a suspen or Im- tiOI.l ~nd pair the operation of this Act in any way with respect to the omISSIons matter misnamed, misdescribed or omitted. Dissolution 0'£ Villages. 22.

(1) The Lieutenant Governor in Council by order Diss.olution of VIllage may declare,- by order (

a) that a village shall be dissolved and thereupon ~he in council council thereof and its officers shall cease to exerCIse any of the rights, powers or privileges vested in them by this Act; and

12 Inclusion in another mundcipality Adjustment of assets and liabilities Imposition of tax to raise de ficiency of funds Publication of order Publication of notice in Form 1 Payment of certain liabilities TOWN AND VILLAGE (PART II) 1952 (

b) that all duties and rights of the council or its officers, under this or any other Act, shall be per formed or exercised by such person or persons as may be named in the order.

(2) The order shall make provision for the inclusion of the area which had ceased to be a village in some other municipality or municipalities.

(3) Upon such a dissolution, the Minister may appoint one or more persons to adjust the assets and liabilities of the village and he or they may, subject to the approval of the Minister, sell or otherwise dispose of all the assets or property of the village and apply the same or the proceeds of the sale thereof ,- (

a) in payment of the liabilities of the village; (

b) in payment of his Or their remuneration as fixed by the Minister; and the Minister shall cause the surplus, if any, to be ex pended within the area of the dissolved village.

(4) In case the assets of the village are insufficient to satisfy its . liabilities, including the said remuneration, then such person or persons may impose a tax and with a view thereto, make an assessment of property and strike such rates of taxation as may be necessary to satisfy all the liabilities and all the expenses connected with the assess ment; and the tax shall fall upon the same property and be collected and have the same priority and be enforced as if it were an ordinary municipal tax, imposed by the council under the provisions of this Act.

(5) Every order made under this

section shall be pub lished in The Alberta Gazette and shall become effective upon the date named therein, or in the absence of any such date, upon the date of its pUbli.cation.

(6) Any person or persons appointed pursuant to sub section (3) shall within thirty days after his appointment cause to be published in a newspaper circulating in the village in respect of which such appointment is made a notice, which shall be in Form 1 in the Schedule, requiring every person who has a claim against the village, save and except daims under a debenture issued by the village, to furnish the person or persons so appointed with particulars in writing thereof within a period of time which shall not be less than forty days nor more than sixty days after the date of the first publication of the notice.

(7) Upon the expiration of the period of time set out in the notice published pursuant to subse,ction (6) ,- (

a) the persons appointed pursuant to subsection (3) shall proceed to pay the liabilities of the village other than those which are secured by debentures of the village having regard only to claims in re spect of which particulars have been delivered to the person or persons so appointed in conformity to the terms of the notice; and

1952 TOWN AND VILLAGE (PART II) (

b) the liability of the village in respect of any claim other than -claims secured by debentures issued by the village in respect of which particulars have not been delivered to the person or persons so appointed in conformity with the terms of the notice shall cease and determine. Summer Villages. 13 23.

(1) The Minister may form into a summer village Formation t . t' f th b f t of summer any summer resor , lrrespec Ive 0 e num er 0 separa e village buildings contained therein, either of his own motion or upon receipt of a petition.

(2) All summer villages at any time herebefore con- Existing stituted are hereby continued. ~Wfa~:~ cOllitinued

(3) The petition shall fulfill the requirements set out Petition to in

section 15,except that it must be signed by ten persons !~~mer who, if the summer resort were erected into a village, vil1age would be upon the assessment roll thereof.

(4) After a summer resort is erected into a summer Provisions village, all the provisions of this Act shall apply to the ~~~r~able summer village, except that,- (

a) the persons entitled to vote at any election held Qualification • of electors after a first electIon shall be,- (

i) every person of the full age of twenty-one years whose name appears upon the voters' list as a proprietary elector; and (ii) the spouse, son, daughter, father or mother of any person whose name appears upon the voters' list as a proprietary elector, if such spouse, son, daughter, father or mother is of the full age of twenty-one years and has made application to have his or her name pla~ed upon the voters' list during the month of July of the then current year; (

b) an annual meeting for the discussion of village ~~~it~~ matters shall be held on the first Saturday in August which shall also be nomination day, and the election of councillors shall take place on the second Saturday in August; (

c) the councillors shall assume office on the first Sat- Councillors urday in September at 7 :30 p.m., and shall continue in office until their successors are elected; (

d) three councillors shall be elected annually; (

e) the appointment of an auditor shall be made at the Auditor first meeting in September in each year; (

f) in order to qualify as an elector or councillor no person shall be required to be a resident of the summer village.

(5) If . . I' 't ars to Ministerial In any parhcu ar or In any case, I appe powers as the Minister to be difficult or impossible to apply the pro- ~~ ap¥l~at visions of this Act to summer villages, he shall have power IOn 0 C

14 Formation 00: village into :town TOWN AND VILLAGE (PART III) 1952 in his dis,cretion to decide any questions arising through such impossibility or difficulty, an? in mak!ng such de cision he may alter any d~tes prescrIbe~ by thIS Act fo~ the doing of any mat.ter or thIng,. and m!l~ $fIve suc~ other dIrec tions as are justIfied by the ImpossIbIlIty or dIfficulty.

PART III. FORMATION AND ALTERATION OF TOWNS Formation o·f Towns. 24.

(1) The Lieutenant Governor in Council by order may form into a town any village, together with any land additional thereto,- (

a) if the village contains over seven hundred in habitants; and (

b) if the proposal to form the village, together with any additional land which it is desired to include with the village, into a town, has been approved by two-thirds of the proprietary electors of the village voting thereon at a meeting specially called for the purpose. ~~c~~j?~onal

(2) No additional land shall be included in the proposal land unless the plan of subdivision of such land has been reg istered in the proper Land Titles Office and unless there is on the land at least one building actually occupied as a dwelling house or a place of business for every five acres included therein. Village meeting Date of village meeting Notice of village meeting Form of notice Mayor to preside Transmis sion of s.tatement to Minister 25.

(1) The meeting may be called by the coun,cil of its own motion upon passing a resolution to that effect, and shall be called by the secretary-treasurer upon the receipt of a petition to that effect from at least twenty per cent of the proprietary electors of the village.

(2) The meeting shall be held within fourteen days of the passing of the resolution by the council or of the receipt by the secretary-treasurer of the petition, as the case may be.

(3) Notice of the meeting shall be posted up at least ten days before the date fixed for the meeting in at least three conspicuous places in the village. ( 4) The notice shall be in Form 2 of the Schedule. 26. The mayor of the village shall preside at the meet ing. 27. If the proposal is duly approved, the secretary treasurer within one month after the giving of the approval shall forward to the Minister of Municipal Affairs a state-

1952 TOWN AND VILLAGE (PART III) ment showing the facts of the approval, together with satisfactory proof of substantial compliance with the pro visions of this Act. 15 28.

(1) The order shall contain,- Contents of order and (

a) an accurate description of the area of the town, the pUblication content of which may be either that of the village or such content changed by the inclusion of such additional land as may seem proper; (

b) the date upon which it is to become eff ecti ve; and (

c) the name of the town; and shall be published in The Alberta Gazette.

(2) The publication shall be conclusive evidence of the Evidential legal formation of the town and of the fulfilment of all ;~~~fC~~i()n conditions precedent thereto.

(3) Any misnomer, misdescription, omission or other Misnome.r. . db' t d b b t d misdescrIp--error In any or er may e correc e y su sequen or er tion and and the order so corrected may be confirmed by the Lieu- omissions tenant Governor.in Council as of the date of the original order. 29.

(1) The council of the village shall be deemed to be the Con~inuation council of the town until the second Monday in March next ~~:~~iig:s following the date of the order and shall have all the powers town. l and be charged with all the duties of a town council, and counCl shall carry out the same as nearly as possible in the manner hereinafter prescribed by this Act.

(2) All the officers of the village shall be and be'come officers of the town and shall hold office until their succes sors are appointed.

(3) The mayor of the village shall become the mayor of the town and shall hold office until the second Monday in March next following the date of the order. 30. All by-laws or resolutions passed by the council of Continuation the village shall continue to have the same force 'and effect ~~~Y-lawS as if they had been passed by the council of the town until resolutions they are altered or repealed by the council of the town. 31.

All taxes due to the village, on its erection into a Taxes town, shall be deemed to be arrears of taxes due to the town ~~~~~~rred and the provisions of any Act relating to arrears of taxes and the collection thereof for or on behalf of the town shall apply thereto. 32. All suits and rights of action by or against the Rig;hts of village on its erection into a town shall be continued or ~Cit~rained maintainable by or against the town and all d.ebts and liabilities of the village shall be assumed and paId by the town.

16 Village property rights vested in town Road allow ances and town boundaries Road allowances between Indian reserve and town Powers of Board of Public Utility Com missioners re town boundaries Annexation of sub divided lands Inclusion by Board of adjacent terrictory Time order effective Withdrawal of territory from ,town TOWN AND VILLAGE (PART III) 1952 3,3. The title to and all rights in respect of land or other property of the village shall be vested in the town upon the erection of the village into a town. Boundaries of Towns. 34.

(1) For the purposes of this Act whenever a town is wholly or in part de~cribed in the order forming the same as comprising certain townships, parts of townships or sections the boundary lines of the town between adjoin ing' sections or townships, unless it is otherwise expressly set out in the said proclamation or order, shall be the side of the road allowance upon which monuments or posts are placed under a survev made pursuant to the Dominion Lands SUr1.,e1IS Act, The Alberta Surveys Act. or of any other Act of the Parliament of Canada or of the Province relating- to surveys, except in the ease of correction lines, where the south side of the road shall be the boundary.

(2) A road allowance between an Indian reserve and a town shall be deemed to be in the town, notwithstanding anything herein to the contrary. Altera.ti.on in Boundaries of Towns. 35.

(1) Whenever ,- (

a) a majority of the resident land owners of territory adjacent to a town desire annexation thereto and present a petition to the council to that effect; and (

b) the council of the town consents to the petition; the Board of ·Public Utility Commissioners may make an order annexing the territory to and making it a part of the town.

(2) No territory shall be annexed to a town unless,- (

a) a plan of subdivision of the territory has been registered in the Land Titles Office for the land registration district within which the land is situated; and (

b) there is erected on the territory at least one build ing actually occupied as a dwelling house or place of business for every five acres included therein.

(3) The Board of Public Utility Commissioners, upon the receipt of a resolution from the council of a town requesting it, may in,clude within the town any territory adjacent thereto whIch, from the proximity of streets or buildings or the probable future exigencies of the town it may deem desirable to include therein or to annex the~eto.

(4) Every order for annexation shall take effect on such date and on such terms and conditions as the Board of Public Utility Commissioners may provide.

(5) The Board of Public Utility Commissioners by order may annex any portion of a town to an adjoining municipal district or improvement district.

1952 TOWN AND VILLAGE (PART IV) (6 t )'t'!he Bodardf ?tf Public Utt~lity Commissi~nersl'lwithout ~g:reJ ~~ a pe 1 IOn an 0 1 sown mo lon, may exerCIse a or any effect own of the powers hereinbefore given to it. motion 17

(7) Every order made under the provisions of this sec- PublicaJtion tion shall be published in The Alberta Gazette. of order

(8) Any misnomer, misdescription, omission or other M~snomer. . d b ted b b t d mlsdescrlp-error In any or er may e correc y a su sequen or er tion and and the order so corrected may be confirmed by the Board omissions of Public Utility Commissioners as of the date of the original order. 36. No misnomer, misdescription or omISSIOn in any Act n.ot order relating to the formation of a town Or any altera- ~~;~~~r~y tion in its area, shall in any way suspend or impair the risdescriP operation of this Act with respect to the matter misnamed, d~~~rong misdescribed or omitted. Change olf Status From Town to Village. 37.

(1) Upon it being made to appear to the Minister _ Minislerial , power to (

a) that the <council of a town has passed a resolution ~r:t~~eof in favour of a change in the status of a town to town to th t f '11 village a 0 a VI age; or (

b) that a majority of the electors of a town voting upon the question as to whether or not the status of the town should be changed to that of a village are in favour of the ,change; or (

c) that there has been a failure to elect a council; the Minister by order published in The Alberta Gazette may declare that the status of the town, from and after the date of the publication of the order o or. such later date as may be .specified therein, shall be changed to that of a village.

(2) Thereafter the town shall no longer have the status of a town and shall continue as and become and be a village with the status, powers, duties and capacities which are conferred upon a village pursuant to this Act.

PART IV. GENERAL G'OVERNMENT AND ADMINISTRATION. Incorporation of Towns and Villages. 38.

(1) The mayor, councillors and electors of each ~~K~~' ;~dn town and village in the Province now or hereafter created, electors of established or formed are hereby declared to contil!ue .t? .be ~~ll~g~r body arid to' be a body corporate and subject to all the lIabIlIties corporate of a corporation1 and,-

18 Powers of body corporate Powers of body corporate exercisable by council Council a continuing body TOWN AND VILLAGE (PART IV) 1952 (

a) shall have power to acquire, hold and alienate both real and personal property for all the purposes of the town or village; and (

b) shall have perpetual succession; and (

c) may sue and be sued, implead and be impleaded, . answer and be answered unto in all courts and in all actions, causes and suits at law and in equity what soever; and (

d) shall have a common seal with power to alter and modify the same at pleasure; and (

e) shall be capable in law of receiving by donation, acquiring, holding, disposing of and conveying any property, real or personal, for any purpose within its corporate powers; and (

I) shall be capable in law of becoming a party to any contract or agreement within the powers of the town or village.

(2) The said body corporate shall be capable of acting by the council, and the council shall exercise all powers vested in the corporation by this Act or otherwise. DIVISION A-THE COUNCIL Jurisdictio·n and Membership 3i9.

(1) The council shall be a continuing body not withstanding any general or other election.

(2) The jurisdiction of the council is confined to the limits of the town or village and to property outside the town or village belonging to or under the control and management of the town or village, except where further jurisdiction beyond the town or village limits is expressly given to the council by this or any other Act. !':;~[:able

(3) Except as herein provided the council of a town or by resolution village may perform and exercise the duties and powers or by-law imposed Or conferred on it by this Act either by resolution or by by-law. Oath of office Deposit of oath Town council 40.

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

(2) Each person before entering upon the duties of his office shall hand his oath to the returning officer who shall deposit the oaths with the secretary-treasurer. 41. Except as otherwise provided, the council of a town shall consist of a mayor and six councillors who shall be elected in the manner set out in

Part V.

1952 TOWN AND VILLAGE (PART IV) 42. Except as otherwise provided, the council of a village Villag.e shall consist of three councillors who shall be elected in the council manner set out in

Part V. The Mayor. 19 43. The mayor of a town shall be elected by a vote of the Election electors in the manner set out in

Part V and shall hold ~f~~~~~f office for a term of two years and may be re-elected for a rayor in subsequent term or terms. own 44. In the case of a village the council shall, at its first El~Ction meeting in each year, elect from among its membership a ~~ oM~~Of chairman who shall be known as "the Mayor" and who ~ayor in , Village shall hold office for a term of one year. 45. The mayor shall be the chief executive officer of a Duties of town or village and shall,- mayor (

a) cause the laws governing the town or village to be duly executed; (

b) inspect the conduct of all town or village officers; (

c) cause all negligence, carelessness and violation of duty to be duly prosecuted and punished so far as may be in his power; and (

d) communicate from time to time to the council all such information and recommend such measures as may tend to the betterment of the finances, health, security, cleanliness, comfort, ornamentation and prosperity of the town or village. ~tings of Council. 46.

(1) The first meeting of the council after a general First election shall be held on the second Monday in March at ~~:~h~~neral the place and hour fixed for regular meetings, if any, and if election there is no hour fixed, at the hour of two o'clock at a place to be fixed by the secretary-treasurer, if any, and if there is no secretary-treasurer, by the returning officer.

(2) When the second Monday in March is a holiday, the When date meeting shall be held at the same time on the next subse- f~~ ~~fi~~~ quent day which is not a holiday.

(3) The secretary-treasurer or the returning officer, as Notice the case may be, shall give written notice of the meeting of meeting to each councillor ,- (

a) by mailing the same to the councillor's address at least six clear days prior to the date of the meeting; or (

b) by personally delivering the same to the councillor, or in the absence of the councillor from his resi dence, to any adult person thereat, at least three clear days prior to the date of the meeting.

20 Minimum number ot meetings Regular meetings Ordinary meetings public Waiver of notice Deputy mayor Powers of deputy mayor Mayor or deputy mayor to preside Subs,utute chairman Quorum of council Requisites for valid actions of council Vacancy does not invalidate acts of council TOWN AND VILLAGE (PART IV) 1952 47. The council of a town or village shall hold at least six meetings in each year at such times and places as may be fixed by resolution, except only in a case where the council is elected after the first day of August in any year, in which case the council shall hold at least three meetings. 48.

(1) The council, by resolution, at a meeting at which the mayor and all the members' of the council are present may decide to hold regular meetings of the council and the resolution shall state the day, hour and place of such meet ings, and no notice of any such meeting shall be necessary.

(2) The council shall hold its ordinary meetings openly and no person shall be excluded except for improper conduct. (.3) The person presiding at a meeting of the 'council may cause any person guilty of improper conduct thereat to be expelled and excluded.

(4) The council by unanimous consent may waive notice of a first, special or other meeting and hold a meeting at any time, but every member of the council must be present at such a meeting. 49.

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

(2) In case the mayor, through illness, absence or other cause is unable to perform the duties of his office, or in case the offi,ce is vacant, the deputy mayor shall have all the powers and shall perform all the duties of the mayor during his inability or absence. 50.

(1) The mayor, or in his absence the deputy m;;i.yor, shall preside at each meeting of the council and shall "pre-: serve order and enforce the rules of the council.

(2) If the person who' ought to preside at a meetin'g of the council does not attend within fifteen minutes after the hour appointed for the' meeting, another member of the ~ou~cil shall be ele,cted as chairman to preside at the meet Ing In the absence of such person. 5~.

(1) A majority of the whole council shall be neces sary to form a quorum.

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

(3) The proceedings of the council or of a committee thereof shall not be invalidated by any vacancy among its members or by any defect in the appointment or election of, or by any disqualification of any member thereof.

1952 TOWN AND VILLAGE (PART IV) 21 52. The council may make rules and regulations for Power:s of II' t' "t d' h councIl ca Ing mee Ings governIng I s procee Ings, t e conduct of to regulate its members, appointing committees and generally for the ~1tings transaction of its business, b~siness 53. Every question shall be submitted to the council on Submission the motion of the mayor or of a member thereof and no of questipns , to councIl seconder shall be requIred, 54.

(1) The mayor or other officer presiding at a meet- Vote of ing of the council may vote with the other members on all ~~~fJi~~ questions except where he is disqualified to vote by reason lofficer of interest or otherwise,

(2) A question upon which there is an equality of Equality votes shall be deemed to be decided in the negative, of votes 55. The mayor, when present, and all the councillors Voting by present shall vote on each division, unless excused by ~~~~lf~r~ resolution of the council, or unless disqualified from voting present by reason of interest or otherwise, compulsory 56.

(1) In the case of a town a special meeting of the Special council shall be called by the secretary-treasurer when he ~e:~~~~ is required to do so in writing by the mayor or by three council members of the council.

(2) In the case of a village, a special meeting of the Special coun~il shall be calle~ by t~e, secretary-treasurer, when he is ~e:~nr:ge requIred to do so In wrItIng by the mayor or by two council members of the council.

(3) Written notice of a special meeting stating the time Noti<;e of and place when and where it is to be held and in general meetll1g terms the nature of the business to be transacted thereat shall be given by the secretary-treasurer in the manner provided by this Act.

(4) No business other than that stated in the notice shall Business be transacted at a special meeting of the ,council unless l~a~~acted all the members of the council are present, in which case by ~e~1f;:1 unanimous consent any other business may be transacted. 57.

(1) A person appointed pursuant to clause (

d) of Right of

section 186 of The School Act, 1952, as a representative of ~:~~~~e~aio a school division in which a town or village is included,- atte~d (

a) shall have the right to attend meetings of the council of the town or village and to take

part in all dis,cussions pertaining to school matters; meetmgs (

b) shall not have voting privileges on the council; and Appoint- (

c) shall not receive remuneration from the council. :~~?tf , "1 d d ' h I member to

(2) In case a town or VIllage IS Inc u e In a sc 00 represent division the council by resolution, as soon as practica~le ~~iiang~rat after a first or general election in each year, shall a ppOlnt. sd<?h??l 'II t IVlSlOn a member of the council to represent the town or VI age a meetings

22 Payment of member so attending Duties of secretary Public meetings Allowance to mayor and counc1l1ors TOWN AND VILLAGE (PART IV) 1952 meetings of the board of trustees of the s,chool division, and may by the same or another resolution appoint another member of the council to represent the town or village as aforesaid if the first named member is unable to attend.

(3) Where a member of the council is appointed under the provisions of subsection (2), the council by resolution may provide for paying to the member a sum not exceeding six dollars per diem for each meeting of the board of trustees attended by him and ten 'cents for each mile neces carily travelled in going to and returning from any such meeting, but no payment shall be made to any member in respect of more than six meetings in anyone year.

(4) In case a town or village is included in a school division, the secretary, in addition to his other duties, shall,- (

a) advise the secretary-treasurer of the school division of the names of the members of the council ap pointed pursuant to subsection (2) ; (

b) advise the member or members of the council appointed pursuant to subsection (2) of the date, place and time of each divisional board meeting and of the matters to be dealt with at such meeting; (

c) advise the secretary~treasurer of the school division and the representative of the divisional board, ap pointed pursuant to clause (

d) of

section 186, of The School Act, 1952, of the date, place and time of all meetings of the town or village council and of the matters to be dealt with at any such meeting, and shall forward to the secretary-treasurer of the school division a copy of the minutes of meetings of the town or village council in so far as such minutes deal with matters of interest to the divis ional board. Public Meeting. 508.

(1) If so requested at any time by the written peti tion of twenty electors, the mayor, by public notice con spicuously posted in at least ten places in the town or village, shall call a public meeting of the electors to be held on the date named in the notice, for the discussion of municipal affairs or of any matter relating thereto.

(2) The date fixed in the notice for the meeting shall be 'pot more than thirty days from the date of the receipt of the petition.

(3) The notices shall be posted at least seven clear days prior to the date fixed in the notice for the meeting. Remuneration of Council. 59.

(1) The council, by by-law, may provide for an allowance of not more than two dollars, to be paid to the mayor and each ,councillor attending meetings of the council,

1952 TOWN AND VILLAGE (PART IV) for each meeting so attended; and for the payment to the mayor of a sum of not more than three dollars a day for each day spent by him in the laying out and inspection of works undertaken by the town or village.

(2) Upon the passing of any such by-law, the council shall cause a notice to be drawn up,- (

a) setting out the nature and efie'ct of the by-law; and (

b) stating that the by-law will take effect unless within twenty days after the publication of the notice at least twenty proprietary electors object thereto and give a signed notice in writing of their objection to the secretary-treasurer.

(3) If notice of objection in writing signed by at least twenty proprietary electors is not received by the secre tary-treasurer within the said period, the by-law shall have force and effect upon the expiration of that period or on such later date as is fixed by the by-law for that purpose.

(4) If notice of objection in writing signed by at least twenty proprietary electors is received by the secretary treasurer the by-law shall be submitted to a vote of the proprietary electors and shall take effect only if it is ap proved by a majority of the electors voting thereon in the manner prescribed by

Part VI. 60.

(1) The council of a town having a population of Annual not less than five thousand persons, by by-law, may provide :!~IJr of for the payment of an annual salary to the mayor upon such terms and in such amount as may be set out in the by-law. 23

(2) The by-law shall be submitted to a vote of the pro- Approval of prietary electors and shall take effect only if it is approved ~~~:;~~y by at least two-thirds of the electors voting thereon in the manner prescribed by

Part VI.

(3) Notices containing the full text of the by-law shall pOb1:ngt.and be posted in at least five widely separated conspicuous ~~ no~~on places in the town at least ten days before the date of of by-law voting, and the notice shall also be published in at least two issues of a newspaper circulating in the town, the last issue containing the notice being not later than five days before the date of voting.

(4) The notice referred to in subsection (3) shall con- Information tain, in addition to the by-law, a statement that the by- ~~ t~~l~t; law requires a two-thirds majority vote of the proprietary electors who vote and a further statement of the date, hours and place where the poll will be held. Resignations, Vacanc:ies, F o,rfeiture of Seats. 61.

(1) A mayor or councillor of a town or village may Resignation . h· t· th ·1 d f "II of mayor reSIgn IS sea In e councI an a mayor 0 a VI age may and resign his position as mayor while retaining his seat in councillors the council by sending at any time notice in writing of his resignation to the secretary-treasurer.

24 TOWN AND VILLAGE (PART IV) 1952

(2) Each resignation shall be brought to the attentiOon of the council at its next meeting, and steps shall be taken im mediately by the council to fill the vacancy. ~~;ti~~~Jcil

(3) If ~he 0t!fi,ce of mthayor. of tahtown b~clomhesllvfacathnt .bth y wl].en death, reslgna lOon or 0 erwlse, e co unCI s a or WI ~ayoralty elect some person from among its number to fill the position v:~~~tes until the next annual election of councillors, but no vacancy shall Qccur in the council by reason of such electiOon. Election to

(4) In case a seat in the council of a town or village f~lt~!~a~~~es becomes va,cant by death, resignation or for any other reason village the council shall forthwith fix a nQmination day and appoint councUs . hI· I I t· t fill h a returnIng officer to. 0 d a speCIa e ec IOn 0 t e Voters' list at special election Disqual1- fication of members of council Ouster of office vacancy, unless the vacancy occurs within the four calendar months immediately prior to the third Monday of Febru ary in which case the election need not take place, and the vacancy shall be filled at the next general election of councillors, if the term of the vacating councillQr has not then expired.

(5) The election shall be held as nearly as may be in the manner provided by this Act for other elections.

(6) When a special election is held under the provisions of subsection (4), the voters' list shall be the voters' list prepared in the preceding year pursuant tOo the provisions of

section 109 and the persons entitled to vote at the special election shall be those persons who were entitled to vote at the annual election in the current year. 6.2.

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

a) is convicted of felony; or (

b) makes an assignment in bankruptcy for the general benefit of his creditors or is adjudged a bankrupt; or (

c) without being authorized by a resolution of the council tOo do so absents himself from the meetings of the council for three consecutive months; or (

d) ceases to be a resident of the town or village; or (

e) becQmes disqualified from sitting or voting in the ,council under the provisions of se,ction 104; or (

I) is convicted of signing an acceptance of nomination • containing a false statement; his seat in the council shall forthwith become vacant and the council shall forthwith so declare it.

(2) If any elector files an application for an order oust ing a member of the council from offi'ce, accompanied by an affidavit showing that the member,- (

a) has forfeited his seat on the council Qr his right thereto.; or (

b) never was qualified as a member of the council; or

1952 TOWN AND VILLAGE (PART IV) (

c) has become disqualified as a member of the council; or (

d) has otherwise vacated his seat; and pays into court the sum of twenty-five dollars as secur ity for costs to abide the event of the application, the judge on an ex parte application may direct that notice of the application be served, upon the member.

(3) If, upon the hearing of the appli,cation, the judge, upon affidavit or oral evidence, is satisfied that the member of the council has forfeited his seat Or is disqualified, or that his seat is vacant, the judge may declare the member's seat to be vacant or refuse the application and in either case with or without costs. 25 63.

(1) If, in a town or village, the number of coun- Ministerial cillors required by this Act is for any reason not nominated powe.r ~o or elected, or by resignation or otherwise has been re- ~Eg~~illors duced to a number less than a quorum, the Minister may appoint some person or persons to fill the vacancies caused thereby, or may, for the purpose of filling the vacancies, direct that an election be held under the provisions of this Act, and appoint a returning officer for that purpose.

(2) Where the provisions of

Part V cannot be con veniently applied to the election the Minister may make regulations respecting the time and conduct of and the procedure at or .otherwise respecting the election. DIVISION B-OFFICIALS AND EMPLOYEES. Secretary-Treasurer. 64.

(1) A secretary-treasurer shall be appointed by by- Appoint law by every council at its first meeting after the formation ~~~!t~~y of the town or village or so soon thereafter as is treasurer pra,cticable. '

(2) In the event of a vacancy occurring in the office of an~ .~ucces secretary-treasurer, a successor shall be appointed as soon ~~c~ncy as practicable.

(3) Whenever a secretary-treasurer is appointed, the N?t~c~ to Minister shall forthwith be advised thereof by the mayor ~l~~~;rnt_ by prepaid registered mail. ment

(4) In the event of the Minister disallowing any such Disallowance . h 11· d' tIll . 1 of appoint-apPOIntment, the mayor s a Imme la e y ca a specIa men~ by meeting of the council for the purpose of appointing an- Mimster other person as secretary-treasurer. 65.

(1) The secretary-treasurer of a town o~ village, ~:~:':i~!~ of within one month after entering upon his dutIes, shall secretary- f . h °11 °t ° 1 to be treasurer urnIS to the town or VI age seCUrl y In a pena sum

26 Security renewable annually Liability of members of council if secretary not bonded Examina tion and approval of securities Secretary treasurer shall,- l<:eep minutes of council meetings record attendance and votes conduct correspond ence record by-laws keep records and books of account TOWN AND VILLAGE (PART IV) 1952 named by the council for the due and faithful performance of his duties by a guarantee bond of a guarantee company authorized t~ transact business in the Province in such form as may be prescribed by the Minister from time to time.

(2) The security so furnished shall ber~newed at the beginning of each year or changed at other tImes whenever renewal or change is required by the council.

(3) All the members of a council which permits a secre tary-treasurer to enter upon his duties or dis,charge his duties at a time when he is not bonded or guaranteed shall be jointly and severally liable for any default of the secretary-treasurer to the extent of the sum in which the secretary-treasurer should have been bonded. or guaranteed, except only those councillors who appear by the minutes of the council to have voted in favour of a resolution pro hibiting the secretary-treasurer from entering upon or discharging his duties at a time when he is not bonded. ( 4) Prior to the first day of May in each year, all securities entered into or furnished pursuant to this

section shall be produced to the mayor and shall be laid by him before the council for examination and approval at the first meeting of the council held on Or after that date. 66. The se,cretary-treasurer shall,- (

a) keep a full and correct record in the English or French language of the proceedings of every meeting of the council in the minute book provided for that purpose and see that the minutes of each meeting are confirmed at the next regular meeting of the council and signed by the mayor or other presiding officer, and furnish a certified copy of the records in the English language, when required to do so; (

b) enter in the minutes of every meeting the names of the members of the council present at the meet ing and if required by the coun,cil, record the name of every member voting and whether aye or nay on any question coming before the council; (

c) conduct the correspondence of the council as di re'cted by it; (

d) transcribe into a special book to be provided for the purpose a true and correct copy of every by-law passed by the coun,cil, which copy may be either written or printed or partly written and partly printed and prepare a proper index for the by-laws; (

e) take charge of and keep on record all original by la ws of the council or certified copies thereof, books, papers, accounts, assessment rolls, plans, maps and correspondence committed to his charge by the council during his term of office and deliver the same to his successor or such other person as the council may direct on his ceasing to hold office;

1952 TOWN AND VILLAGE (PART IV) 27 faithfully prepare and transmit to the Minister ptretpare • sa ements such statements and reports and such other In- and reports (I> formation in regard to the town or village as may be required by the Minister from time to time and in such form as he may direct; (

g) call special or other meetings of the council in the call . manner provided by this Act; meetmgs (

h) produce for inspection the minute and other books prod~cef and all papers and r~cords of whatsoever kind in f~~g~C:io~r his possession when required to do so by an in- spector of the Department of Municipal Affairs; (

i) advise the Minister of the names and addresses of ~.ti!Yt f all persons elected as councillors within five days m!~~x: ~rn~ after the first meeting of the council at which they ~f:C~~~lors are entitled to be present, and of the name and address of the mayor, within five days of his election; (

j) faithfully prepare and submit to the Minister of ~p~rt to f Education such statements, reports and other in- Ed~~a;[o~ formation as may be required by the Minister of Education from time to time, and in such form as he may direct; (

k) collect, receive and safely keep all moneys belonging cOIAekt to the town or village from whatever source re- ~~stoJ;~f ceived . public , moneys (

l) deposit to the credit of the proper fund as provided do banking for herein, daily or as often as the council may direct, in some chartered bank or other similar in- stitution designated by the council, all moneys re- ceived by him; (

m) submit all accounts and charges against the town submit or village which he receives for the consideration ~g~~~~t~il of the council ; (

n) pay all ac'counts against the town or village only ~~~ounts when they have been passed by the ~ouncil and certified by the mayor or other presiding officer; (0) make all payments on behalf of the town or village ~:~ents by cheque signed by himself and countersigned by by cheque the mayor or by the deputy mayor and drawn on the chartered bank or other similar institution in which the moneys of the town or village are de posited; (

p) give and take receipts for all the moneys of the ~~~~1pts town or village received and disbursed and keep on file all vouchers of expenditures; (q) ~~~h iro:mca:: ~~~k~! ~~~~c~fb:J ~; r:~~r~f~~t~~ ~~~~scash from time to time a complete and detailed record of all the financial transactions of the town or village; (

r) prepare in the prescribed form as soon as possible ~~Efhl~ after the end of each month and not later than the cash statement fifteenth day thereafter, a statement of moneys re-

28 produce books, etc. for audit prepare books for audit perform other duties Searches and certificates as to taxes Statement of arrears included in certificate Right of elector to inspect documents Fee for copy of document Proof of document (8) (t) (

u) TOWN AND VILLAGE (PART IV) 1952 ceived by him during the previous month and of the disposition thereof, and submit the statement to the council at its next meeting, and enter a copy thereof in the minutes of the meeting of the council at which it was submitted; produce, when c.alled for by the council, auditor, inspector or other competent authority, all books, vouchers, papers and moneys belonging to the town or village and hand over the same to his successor or such other person as the council may direct on his ceasing to hold office; complete and make ready for the auditor not later than the tenth day of January in each year, all books and accounts for the immediately preceding year; faithfully perform all other duties imposed upon him by this Act and generally carry out such instructions as may be issued to him by the council from time to time. 67.

(1) The secretary-treasurer, if requested, shall make a search in the assessment or tax roll in respect of any assessable parcel of land and, upon receipt of a fee of twenty-five cents, shall give a certificate under his hand showing whether or not all ta}£es in respect of the parcel have been paid, and if not, the amount of current taxes and arrears payable against the parcel.

(2) The secretary-treasurer, on receipt of a further fee of twenty-five cents, shall include in the certificate a de tailed statement of the arrears indicating the portions at tributable to each year respectively.

(3) Each such fee shall form a part of the general revenue of the town or village. 68.

(1) An elector, un,der the supervision of the secre tary-treasurer, and during his office hours, may inspect,- (

a) any account, contract, by-law, minute of a -council meeting, report of a committee or of an offidal of the town or village, other than the town or village solicitor Or any counsel engaged by the town or village, after the same has been submitted to the council; . (

b) the voters' lists, poll books or other documents, other than marked ballots relating to an election or voting. '

(2) The secretary-treasurer, within a reasonable time after demand, by an elector, shall furnish him with a copy of any such document or part thereof at the rate of twenty-five cents per one hundred words. 69. A 'copy of any such book, record, document, or ac count ,certified under the hand of the secretary-treasurer and the town or village seal shall be received in evidence without proof of the seal of the town or village or of the

1952 TOWN AND VILLAGE (PART IV) signature or official character of the person appearing to have signed the same, unless the court or a judge otherwise orders. Assessor. 70.

(1) The council, by resolution not later than the ~pp~in;- first day of April in each year, shall appoint an assessor. as~~s~or 29

(2) Whenever an assessor is appointed by the council the :~~sJf:allow mayor shall forthwith advise the Minister of that appoint- appointment ment by mail, and in the event of the Minister disallowing any such appointment, the mayor shall immediately call a special meeting of the council for the purpose of appointing another person as assessor.

(3) The assessor appointed pursuant to suhRections (1) ~ui~~:~;~r and (2) shall be the assessor for the town or villaQ"e for all purposes, including the assessment of land, buildings and improvements, excepting only such assessment as is pro- vided for by subsection (4).

(4) The council, by resolution passed in any vear prior ~~q¥>~~~t~~~ to the first day of April in that year, may reauisition the of Director of Assessments to make a general assessment of all tos~:~~ents lands, buildings and improvements in the town or village ~~~:;:~ent and in that case such assessor on the staff of the Director of Assessments as may be designated by the Director shall be the assessor for the said general assessment of land, buildings and improvements in the town or village.

(5) Whenever a general assessment is made by an ~~~!r~f assessor appointed by the Director of Assessments pursuant assessment to subsection (4), twenty-five per cent of the cost of the assessment shall be absorbed by the Department of Munici- pal Affairs and seventy-five per cent of the cost shall con- stitute a debt due to the Crown and shall be paid by the town or village concerned upon submission of the account of the Department of Municipal Affairs. 71.

The assessor shall assess all property, trades, busi- ~s~~::orof nesses, and professions which are liable to assessment under the provisions of The Assessment Act, or are liable to assess- ment under the provisions of any by-law of the town or village which has been passed under the authority of The Assessment Act, and shall perform such other duties as may be delegated to him by the council. Auditor. '12.

(1) The council, by resolution at its first meeting. in !~~~igt each year, or within two months thereafter shall apPOInt auditor an auditor.

(2) An incorporated company or a partnership may be a~~~i~~a- appointed as auditor. auditor

(3) No one shall be appointed auditor who, then or dur- Pt~Snq~~lifica- ing the preceding year is or was,- auditor

30 Approval of auditor by Minister Disallow ance of auditor by Minister Duties of auditor Auditor's stamp Verification of accounts by auditor Report by auditor in case of irregularity TOWN AND VILLAGE (PART IV) 1952 (

a) a member of the ,council; or (

b) secretary-treasurer of the ,council; or (

c) interested directly or indirectly in a contract made by the town or village; or (

d) employed by the town or village in any capacity ex cept that of auditor.

(4) An auditor becoming,- (

a) a member of the council; or (

b) secretary-treasurer of the council; or (

c) interested directly or indire,ctly in a contract made by the town or village; or (

d) employed by the town or village in any capacity ex cept that of auditor; shall immediately vacate his office.

(5) The appointment of an auditor shall be subject to the approval of the Minister, who shall forthwith be advised thereof by letter and he may disallow the same.

(6) In the event of disallowance the council, at a regular or special meeting held within one month after the receipt by the secretary-treasurer of notice of the disallowance, shall appoint another person, company or firm as auditor, subject to the Minister's disallowance as aforesaid. 73.

(1) The auditor, at least once a year, shall examine and report upon all books and accounts affecting the town or village or relating to any matter under its control or within its jurisdiction.

(2) After examination of the books and accounts here under listed, the auditor shall stamp in indelible letters the word "Audited" and initial the same,- (

a) on the last page of the minutes of each meeting recorded in the minute book; and (

b) on the pages of the cash books on which the entries have been summarized; and (

c) on the

summary of the assessment and tax roll; and (

d) on the last page of the bank or treasury branch passbook or statement on which an entry has been made; and (

e) on every account, voucher, receipt and paid de benture.

(2) The auditor shall verify the cash balance as shown by the secretary-treasurer's books by counting the cash, and in no case shall he certify to the correctness of the books until he has checked the deposits entered in the cash book with the deposits shown in the bank or treasury branch passbook or statement.

(4) In each case in which it appears to the auditor that an expenditure has been made contrary to law, by-law or resolution or that there has been an irregularity on the part of the council or of an officer of the council in dealing

1952 TOWN AND VILLAGE (PART IV) with money or property of the town or village, the auditor shall write a special report respecting the same and shall deliver that report to the mayor who shall lay the same be fore the council at its next regular meeting. 31

(5) Not later than the last day of February in each year, rotice to the auditor shall send out a notice to not less than twenty- .:~~~:ri~ five per cent of the taxpayers who have not paid their taxes arrears in full, and each notice shall give a statement of the amount of taxes due by the person to whom it is addressed, to- gether with a request that if the amount shown on the notice is incorrect, the taxpayer shall immediately notify the auditor as to the discrepancy. 74. The council, by by-law, may provide that the auditor By-law as. or auditors shall audit all accounts before they are paid. to pre-audIt 75.

(1) On or before the first day of February in each Abslract of year, the auditor shall prepare in duplicate, in such form as ~~~ert:~is the Minister may direct, an abstract of the revenue and ex- n~b1.trtfe~d penditures of the town or village during the next preceding financial year, and of the assets and liabilities of the town or village upon the last day of that financial year.

(2) The abstract shall include a statement of the total St~tement amounts of debentures authorized to be issued, those ~:b~ntures actually issued, those actually sold or otherwise and the disposition thereof, and those remaining on hand.

(3) The auditor shall make a special report, in duplicate, :aeporf of in respect of any expenditure during the said period which g!~~~;e:x was contrary to law.

(4) The auditor shall forward one duplicate of the ab- ;i~~n~fis stract and report to the Minister and shall deliver the other abstract to the secretary-treasurer. and report

(5) The secretary-treasurer, on or before the second ~fu~~i~fr~~r Monday in the month of February, shall cause the abstract and report and report, or a synopsis thereof, to be published in one of the following. ways,- (

a) in a newspaper published or circulating in the town or village; or (

b) by means of the publication and circulation thereof in pamphlet form; or (

c) where by reason of the shortness of time or other cause, neither of the first mentioned methods is possible, then by posting up a copy of the abstract and report in the office of the secretary-treasurer and in each of five conspicuous places within the town or village. 76. The financial year of each town and village shall ~~~~ncial commence on the first day of January and close on the thirty-first day of December.

32 Appoint ment of solicitor Costs recoverable by town or village By-law for appointment of town manager By-law to be approved by Minister Powers and duties of town manager Term of office of town manager Disqualifica tion of town manager Salary of town manager Appoint ment of police Powers and duties of police TOWN AND VILLAGE (PART IV) 1952 Solicito:r. 77.

(1) The council, by resolution, may appoint -a solicitor as solicitor for the town or village who shall be a member of the Law Society of Alberta, and his duties and the terms and period of his employment shall be determined by the council.

(2) Notwithstanding that the remuneration of the solicitor is paid wholly or partly by salary, the town or village shall be entitled to tax and collect lawful costs in all actions and proceedings to which the town or village is a party. Town Manager. 78.

(1) The council of a town, by by-law, to be submitted to the electors and approved by a majority of the electors voting thereon, may provide that the executive and ad ministrative duties of the council may be delegated to and .exercised by a town manager.

(2) A by-law proposed under the provisions of subse,ction (1) shall be submitted to and approved by the Minister before it is advertised or voted upon by the electors.

(3) The town manager shall be subject to the legislative jurisdiction of the council and shall exercise only such powers and duties as are set out in this Act and as may from time to time be vested in, conferred on, or delegated to him by by-law or resolution of the council.

(4) Where a by-law has been passed providing for the appointment of a town manager, he shall be appointed by the council and shall hold office during the pleasure of the ,council but shall not be dismissed except upon a majority vote of all the members thereof.

(5) No member of the council and no person having an interest in a contract with the town shall be appointed town manager and no town manager, during his term of office shall have an interest, direct or indirect, in such a contract.

(6) The ,council shall fix the annual salary to be paid to the town manager and the amount of the salary so fixed shall be stipulated in the by-law referred to in subsection (1). • Police • 79.

(1) The council of a town or village, by resolution, ~ay appoint a chief of police and such poli,ce constables. as It deems necessary or expedient for the purpose of carrYIng into effect the provisions of this Act or of any by-law or resolution of the council or of enforcing the law.

(2) A chief of police or police constable appointed under this Act shall have all the powers and duties of a municipal constable as defined in The Alberta Police Act.

1952 TOWN AND VILLAGE (PART IV)

(3) The mayor, at any time and from time to time by Spec~a~l writing, may appoint one or more special constables within cons a 0 the town or village for such time, not exceeding fifteen days, as shall be stated in the appointment and shall report the appointment with the reasons therefor to the council before its next regular meeting. . 33

(4) The authority of a special constable shall cease if C'onfirn:ation h' 't t . t fi d t th t I of appomt-IS appOln men IS no con rme a e nex regu ar meet- men! of ing of the council. ~g~~~~1Ies

(5) A constable, before entering upon his duties, shall 0/itth of appear before a justice of the peace, and take and subscribe 0 ce before him the official oath prescribed by The Oaths of Office Act. 80. The council, from time to time, shall make such ~~~1:tions regulations as it deems expedient for the government of the police force and for preventing neglect or abuse of their duties or power and for rendering the force efficient in the discharge of its duties. 81.

The constables shall obey all lawful directions of Duti~:b1f and be subj ect to the orders of the chief of poli,ce and shall cons es he charged with the special duty of preserving the peace, apprehending offenders and generally with the performance of all duties which by law devolve upon constables and peace officers. 8.2. The chief of police or a constable may be dismissed ~jS~~s;:L or suspended by the council at any time. ~~rc~f Fire Department. 83. The council, by resolution, may appoint officers of its :~~~rtment fire department. Medical Officer o,f Hea:lth. 84.

(1) The council of a town, by resolution, shall ap- ;~~~~h point a medical officer of health.

(2) The council of a village, by resolution, may appoint a medical officer of health in conformance with the pro visions of The Public Health Act. 85. The council, by resolution, may appoint a license tr:;;~~:or inspector, . t b 'ld' . Other 86. The council, by resolution, may appOln Ul Ing.In- inspectors spectors and inspectors under the provisions of The Noxwus Weeds Act.

34 Other officials Ineligibility of councillors Tenders not allowed Tenure of office Oath of office by officials Disposition of oath of office Suspension and dismissal of officials Remunera tion in case of dismissal Additional duties of officials Liability of officials TOWN AND VILLAGE (PART IV) 1952 87. The council, by resolution, may appoint from time to time such other officials, servants or employees as it deems necessary or expedient to appoint for the purpose of carrying into effect the provisions of this Act or any by-law or resolution of the council.

General Provisions Relating to Officials and Employees. 88. A member of the council shall not be eligible for a ppointment to a town or village office. 89. The council shall not call for tenders from an appli. cant for an office. 90. Each official appointed by the council shall hold office during the pleasure of the council or as expressed in his appointment. 91.

(1) Each official of the town or village, before enter ing upon the duties of his offi,ce, shall make and subscribe the official oath prescribed by The Oaths of Office Act.

(2) An official who is required to make an oath of office shall make and subscribe the official oath before a com missioner for oaths, a notary public or a justice of the peace.

(3) The deponent, affirm ant, or declarant shall sub scribe the oath, affirmation or declaration required under this Act, and the person administering it shall duly ad minister, certify and preserve the same and within eight days shall deposit it in the office of the secretary-treasurer, who shall preserve it with the town or village records. 92.

(1) The mayor may suspend any town or village official or employee and he shall forthwith report the suspen sion and the reasons therefor to the council, which may either dismiss or reinstate the suspended official or em ployee.

(2) In case he is dismissed by the council, the official or employee shall not receive any salary or remuneration from the date of his suspension by the mayor unless the council, by a resolution otherwise determines. 93. In addition to the duties assigned to them by this or any other Act, the officials appointed by the council shall perform such other duties as may be required of them by the ,council. 94.

Each official, servant or agent of' a town or village shall be personally liable for any damage arising from his negligent or unlawful acts or defaults or from his refusal or neglect to discharge any of the duties imposed upon him by law Or by the by-laws of the council in addition to any penalties otherwise imposed for the said acts or defaults.

1952 TOWN AND VILLAGE (PART

V) Superannuation or G~atuities. 95.

(1) The council, by by-law, may provide for a plan Super-. of superannuation or annuity payments to an employee upon ~~nnu~~on his retirement from the service of the town or village, and employees the plan may require such contributory participation on the part of the employee as the council in its discretion provides in the by-law. 35

(2) Notwithstanding the provisions of subsection (1), Paym.ent of the ~ouncil, by by-law, may grant to an employee who has ~:;~~~~e!O been in the service of the town or village for at least fifteen years and who, while in such service, has become incapable through age or illness or otherwise of effidently discharging his duties, or has reached an age to be specified in the by- law, a sum not exceeding the total of his aggregate salary for the last two years of his service as a gratuity upon the termination of his service or his resignation, which gratuity, in the discretion of the council, may be in lieu of or in ad- dition to any annuity that may be paid to him under the provisions of subsection (1).

PART V. ELECTIONS. First Election in a Village. 00.

(1) In the case of a first election in a village the Flrsr . councillors elected thereat shall hold office as follows,- ~iTl~~~n In (

a) the councillor elected first shall hold office from the Tffms ~f date of election until the second Monday in March ~o~~~Slors in the third year following the election; (

b) the councillor elected second shall hold office from the date of ele,ction until the second Monday in March in the second year following the election; (

c) the councillor elected third shall hold office from. the date of election until the second Monday in March in the year following the election.

(2) For the purposes of this section, a councillor shall be ~~i~[l~K ~f deemed to be elected first, second or third, as the case may councillors be, if no poll is held and his nomination is first, se~ond or third in the order in which the nominations were made, or if a poll is held and he stands first, second or third on the poll. Annual Election in a Village. 97.

(1) At each general election in a village held after 2.:~~i~~ in the first election one councillor shall be elected and shall village hold office for three years commendng with the second Mon- day in March next following his election.

36 Election to fill casual vacancy Term of office where number nominated does not exceed vacancies Term of office of councillors at first town election General election and terms of office in town Election to fill casual vacancies TOWN AND VILLAGE (PART V) 1952

(2) In the event of it being necessary to elect at a general election a person or persons to fill casual vacancies on the council,_ the candidate or candidates next in order of votes to the councillor elected shall be elected to fill the vacancy or vacancies and the candidate having the greater number of votes shall hold office for the longer period, if any.

(3) If the number of candidates nominated does not ex ceed the number of vacancies to be filled, the returning officer shall declare the nominated persons duly elected, and the secretary-treasurer, at the first meeting of the council, shall write the names of the elected councillors upon slips of paper and place them in a box or other receptacle and the returning offi·cer shall draw the slips one at a time from the receptacle.

(4) The councillor whose name appears upon the slip drawn first shall hold offi·ce for the term set out in sub section (1), and the councillor or councillors whose name or names appear upon the slip or slips drawn next shall fill the casual vacancy or vacancies and shall hold office for the longer period, if any, according to the order in which the slips are drawn. First Election in a Town. 98. In the case of a first election of councillors in a town,- (

a) the two candidates first in order of nomination in case no poll is held or the two candidates who stand first and second on the poll in the event of a poll being held, shall hold office for three years; (

b) the two candidates next in order of nomination in case no poll is held or the two candidates who are third and fourth on the poll in the event of a poll being held, shall hold office for two years; and (

c) the remaining councillors shall hold office for one year; and in each case the term of office shall commence with the second Monday in March next following· the date of the election. Annual Election in a Town. 99,.

(1) At a general election in a town held after the first election, two councillors shall be elected and shall hold offif6e for three years commencing on the second Monday in Mar,ch.

(2) In the event of it being necessary to elect at a gen eral election a person or persons to fill a casual vacancy or vacancies on the council, the candidate or candidates next in order of votes to the councillors elected under the pro visions of subsection (1) shall be elected to fill the vacancy or vacancies and the candidate having the greater number of votes shall hold office for the longer period, if any.

1952 TOWN AND VILLAGE (PART V) 37

(3) If the number of candidates nominated does not ex- Terms of ceed the number of vacancies to be filled, the returning ~~~b~here officer shall declare the nominated person~ duly elected, and a~~i~~fed the secretary-treasurer, at the first meetIng of the council, exceed. shall write the names of the elected councillors upon slips vacanCIes of paper and place them in a box or other receptacle and the returning officer shall draw the slips one at a time from the re.ceptacle.

(4) The ,councillors whose names appear upon the two slips drawn first shall hold office for the term set out in subsection (1), and the remaining councillor or councillors whose name or names appear upon the slip or slips drawn next shall fill the casual vacancy or vacancies and shall hold office for the longer period, if any, according to the order in which the slips are drawn. Special Provisions Relating to' Tenure of Office. 160.

A mayor or councillor elected to fill a vacancy Te~m of caused otherwise than by the effluxion of time shall hold ~!.~~id~te office for the same period as his predecessor would have ~\1cted to held office if he .had continued to be a mayor Or councillor. I vacancy 101. In the event of the number of candidates nominated Term of being less than the required number of councillors, the ~r:::;i~:t~~~e persons to hold office for the longer period shall be ascer- less tha~ tained as if the number of candidates were equal to the ~~cle~Ie~ required number of councillors. 102.

In the event of the first meeting of the council after When first a general election being held upon a day subsequent to the ~~~~~i~!c~~~d second Monday in March, then the previous sections relat- ~ond:y in ing to tenure of office shall be read as if such subsequent day arc were mentioned in lieu of the second Monday in March. Qualification of May;or and CO'lUlcillors. 103. No person shall be qualified to be elected mayor or Qualification a member of the ,council of a town or village unless,- ~~dayor (

a) he can read and write the English language; and cQuncillors (

b) he is a Canadian citizen; and (

c) he is of the full age of twenty-one years at the date of nomination; and (

d) he is not disqualified under this or any other Act; and (

e) he is resident in the town or village; and (

f) where there is a voters' list, his name appears thereon and upon the assessment roll as the owner or purchaser of land, or an interest in land wit~in the town or village not exempted from taxatIOn

38 Persons ineligible as mayor or councillors (

g) TOWN AND VILLAGE (PART V) 1952 which is of the value of at least one hundred dollars over and above charges, liens and incumbrances affecting the same; or in the case of a first election where there is no voters' list, he has been for a period of at least two months immediately prior to his nomination, the owner or purchaser of land, or interest in land within the town or village not exempted from taxa tion, as the case may be, which is of the value of at least one hundred dollars over and above charges, liens and incumbrances affecting the same, and his name appears in respect of such land upon the last revised assessment roll of the village, municipal district or improvement district with respect to that portion which is included in the town or village, as the case may be. 104.

The following shall not be eligible to be elected a mayor or a member of the council, or be entitled to sit or vote therein,- . (

a) a judge of a court of civil jurisdiction; (

b) a sheriff, deputy sheriff, or bailiff; (

c) a gaoler or keeper of a house of correction; (

d) a constable, assessor, secretary-treasurer, auditor or other paid official of the town or village; (

e) a person who, for the time being, is a party to a subsisting contract with the town or village under which money of the town or village is payable or may become payable for any serv~ce, work, matter or thing or who has a pecuniary interest in such a contract whether the interest is direct or indirect, or who is for the time being a party to an agreement for the purchase of land from the town or village; (/) a person who is surety for an officer or employee of the council; (

g) a person who has been convicted of a criminal offence punishable by death or imprisonment for more than two years; (

h) a person who at the time of nomination is in debted to the town or village for taxes for more than two -calendar years immediately preceding the year in which the election is held or who having entered into an agreement for the consolidation of the arrears of taxes owing by him to the town or village is at such time in default in the payment of a sum payable under the agreement; (

i) a person who having been elected as a member of the council has resigned his seat thereon on ac count of any matter or thing which would dis qualify him for election as a member of the council or to sit or vote therein or for the purpose of avoid ing the making of restitution for money received by

1952 TOWN AND VILLAGE (PART

V) him in contravention of any provision of this Act, until the expiration of three years from the date of the resignation; (

j) a person whose seat on the council has been de clared vacant by reason of clause (

a) or clause (

I) of subsection (1) of

section 62, until the expira tion of three years from the date upon which his seat was so declared vacant. 39 105.

(1) Clause (

e) of

section 104 shall not apply to a ~on-apptlica- person by reason only,- ~~i 104 (

a) of his being a shareholder in an incorporated company having a ,contract or dealings with the council,- (

i) unless he holds or there is held by himself and spouse, parents, children, brothers and sisters, more than twenty-five per cent of the issued capital stock of the corporation; or (ii) unless the contract or dealings are for the building, construction, or repair of a public work of the town or village; (

b) of his -contracting with the council for the supply to him of a service or commodity which the council has statutory authority to supply; (

c) of his being interested in a publication in which official advertisements of the council appear or which is supplied to the council or an official thereof at the usual rates; (

d) of his having a lease of twenty-one years or up wards of property from the town or village; (

e) of sales of goods and merchandise to the town or village or to persons contracting with the town or village made by a dealer in those goods and mer chandise incidental to and in the ordinary course of his business at competitive prices; (

I) of services rendered by a medical man to indigents who are residents of the town or village for which the town or village is or may become liable to pay; (

g) of professional services rendered by a barrister and solicitor to the town or village, provided that the charges for the services have been taxed under the provisions of the Rules of the Supreme Court of Alberta and the amount of the charges as taxed does not exceed the sum of two hundred dollars in any year.

(2) No mayor or councillor shall vote in the council, (

a) on a question affecting a company of which he is a shareholder; (

b) on a contract for the sale of goods and merchandise to which he' is a party; (

c) on a question affecting the lease of prope~ty of which he is the leaseholder from the town or vIllage; (

d) on a question affecting land of which he is the pur chaser from the town or village under an agreement of sale.

40 TOWN AND VILLAGE (PART V) 1952 Qualification olf Voters. Persons Entitled to Vote in a Village. v:oters at 106.

(1) The persons entitled to vote at an election ~i~~n~n held held prior to the completion of the first voters' list, shall g~~~l~~ion of be any person of the full age of twenty-one years, who has f~rst voters' been the owner or purchaser of land not exempt from hst taxation or has been the conditional owner of land in the Voters at subsequent village election village for a period of at least two months immediately prior to the date of holding the ele,ction.

(2) For the purposes of this section, if there is an owner and a purchaser of a parcel or of any part, share or interest therein, the only person or persons entitled to vote in respect of the parcel or share or interest therein shall be the pur chaser or purchasers, if any, entitled to the possession of the parcel or of any part, share or interest therein, and if there is no such pur-chaser or purchasers shall be the owner or owners thereof.

(2) The persons entitled to vote at an election held sub sequent to the completion of the first voters' list of the village shall be,- (

a) a person of the full age of twenty-one years whose name appears upon the voters' list; (

b) a person of the full age of twenty-one years whose name does not appear upon the voters' list, and subject to the provisions of subsection (3) of sec tion 10.9, whose name appears upon the assessment roll in respect of land or business liable to taxation, if such person takes the oath or affirmation set out in Form 3 of the Schedule; (

c) a person who is a Canadian citizen and has con tinuously resided in the village for a period of six months immediately preceding the last day of Sep tember in the previous year, if such person takes the oath or affirmation. set out in Form 3 of the Schedule. Persons Entitled to Vote in a Town. Voters at 107.

(1) The persons entitled to vote at an election held town . t h election held prIOr 0 t e completion of the first voters' list after the g~~~l~~ion of village becomes a town shall be persons of the full age of first voters' twenty-one years,-list (

a) whose names are on the last revised assessment roll of the village; or (

b) whose names are -on the last revised assessment roll of the municipal district or improvement district for that portion of the town not formerly comprised within the village.

1952 TOWN AND VILLAGE (PART V) 41

(2) The persons entitled to vote at an election held sub- Vo:ers at sequent to the completion of the first voters' list of the town ~~w~quent shall be,- election (

a) each person of the full age of twenty-one years whose name appears on the voters' list; (

b) each person of the full age of twenty-one years whose name does not appear upon the voters' list, and subject to the provisions of subsection (3) of

section 109, whose name appears upon the assess ment roll in respect of land or business liable to taxation if such person takes the oath or affirmation set out in Form 3 of the Schedule; (

c) each person who is a Canadian citizen and has con tinuously resided in the town for a period of six months immediately preceding the last day of Sep tember in the previous year, if such person takes the oath or affirmation set out in Form 3 of the Schedule. Enumeration. 108.

(1) The council, not later than the fifteenth day Appointment of October in each year, shall appoint an enumerator or ~~umerator enumerators for the purpose of compiling a supplementary voters' list hereinafter referred to.

(2) Each enumerator appointed pursuant to this

section Oatl} of shall before acting as such, take the oath of office in Form 4 enumerator which may be sworn before a justice of the peace, a com missioner for oaths or a notary pUblic.

(3) Each enumerator, immediately upon his having taken Enu!ller the oath of offi,ce, shall complete a list in duplicate giving ator s list the names, addresses, and occupations of all persons whose names do not appear on the assessment roll of the town or village, who are Canadian citizens, twenty-one years of age, and who have continuously resided in the town or village for a period of six months immediately preceding the last day of September in that year.

(4) Each enumerator, on or before the tenth day of Original of November in each year, shall deliver to the secretary- :X:;if:Si.~t treasurer the original of the completed list referred to in ~~l!~~~~~ary_ subsection (3), after having written the words "certified treasurer correct" followed by his signature immediately after the last name on the said list . • Preparation of V o,ters' List. 109.

(1) The secretary-treasurer, on or before the fif- Preparation teenth day of November in each year, shall prepare a voters' fi;;oters' list in Form 5 of the

Schedule and forthwith after its com- pletion, post up a copy thereof in his office.

(2) The secretary-treasurer shall arrange the list accord- Voters; vst ing to polling divisions in alphabetical order, and shall enter to con an,

42 name of purchaser name of owner name of conditional owner names of persons liable for a business tax description of assessed property description of interest designated as resident or non resident Person entitled to vote where owner and purchaser on assessment roll Enumer 'ator's list to be entered on separate portion of voters' list TOWN AND VILLAGE (PART V) 1952 in the appropriate column of the form prescribed, the following particulars, which, when possible, shall be taken from the assessment roll,- (

a) the name of each purchaser entitled to the posses sion of land whose name appears upon the last revised assessment roll and who is of the full age of twenty-one years; (b) (

c) the name of each owner of land whose name appears upon the last revised assessment roll, of which there is no purchaser, if the owner is of the full age of twenty-one years; the name of each conditional owner of land whose name appears upon the last revised assessment roll who is of the full age of twenty-one years; (

d) the name of each person liable to a business tax in respect of a business and whose name appears upon the last revised assessment roll, and who is of the full age of twenty-one years, if not entered upon the list under the provisions of clauses (a), (

b) or (c); (

e) a brief description of the land which is assessed or in lieu thereof, a statement of the business assessed; (

f) the word "purchaser", "owner" or "conditional owner", as the ,case may be; (

g) the word "resident" or "non-resident", as the case may be. (3 ) Where the assessment roll shows an owner or owners and a purchaser or purchasers of a parcel, or of any part, share or interest therein, the only person or persons en titled to be placed upon the voters' list in respect of the parcel or of any part, share or interest therein, shall be the purchaser or purchasers, if any, entitled to the posses sion of the parcel or any part, share or interest therein, and if there is no such purchaser or purchasers, shall be the owner or owners thereof.

(4) The secretary-treasurer shall also enter upon the voters' list, in a separate portion thereof, the names in alphabetical order, of all persons whose names do not already appear on the list,- (

a) who are Canadian citizens of the full age of twenty- • one years; and (

b) who have continuously resided in the town or village for a period of six months immediately preceding the last day of September in that year; and (

c) whose names appear on the list prepared by the enumerator or enumerators referred to in

section 108; and the additions to the voters' list referred to herein shall appear on the copy of the list which is required to be posted in the office of the secretary-treasurer by subsection (1).

1952 TOWN AND VILLAGE (PART V) 43

(5) The secretary-treasurer shall retain in his possession R~ten~\<?nt of until after the preparation of the next following annual ~~ :!~re~~ry voters' list the voters' list prepared pursuant to the pro- treasurer visions of this

section with the changes, if any, referred to in sections 118 and 120.

(6) In any ease where the Board of Publie Utility Com- ~ersons .. h· d . t d th .. hable for mISSIOnerS as Impose a serVIce ax un er e prOVISIOns service tax of

Part V of The Public Utilities Act, the secretary-treasurer shall place the name of all persons liable to the payment thereof upon the voters' list. 110. The voters' list shall distinguish those who qualified to vote as proprietary electors. are Proprietary electors distinguished on list 111.

When the list has been prepared the secretary- Certification treasurer, immediately after the last name on the list for fi~;oters' eaeh polling division, shall write the words "certified correct", followed by his signature and the date upon which the certificate is made, which date shall not be later than the fifteenth day of November. 112. When the voters' list has been prepared as pro- Adv~rt~se vided by

section 109, but in any event not later than the ~':pI~tion sixteenth day of November, the secretary-treasurer shall li~;oters' advertise the fact of its ·completion and for that purpose he shall cause to be posted up in at least six conspicuous places within the boundaries of the town or village a notice in Form 6 of the Schedule. 113.

Any person who is otherwise duly qualified, but Application whose name does not appear on the voters' list, or in regard ~~~~~ to to the entry of whose name there has been an inaccuracy voters'list or whose name has been omitted from the assessment roll, may either by himself or his agent apply to have the voters' list amended upon giving the secretary-treasurer a notice in Form 7 of, the Schedule. 114.

A person making application either by himself or Declara~ion his agent to the secretary-treasurer to have his name added byapphcant to the voters' list shall at the time of making the application file with the secretary-treasurer a statutory declaration in Form 8 of the S.chedule. 115.

(1) If a person has on or before the first day of Striking f off N b · . th t . t names ron1 ovem er In any year dIsposed of e proper y In respec voters' list of which he was qualified as a voter, or if a person named is wrongfully included in the voters' list, such person shall be liable to have his name struck off the voters' list as being disqualified, and the seeretary-treasurer or an elector may apply to the council to have the name of such person, or any other person otherwise disqualified, struck off the list, and the name of the proper person, if any, substituted therefor.

44 Notice of application to strike off Service of notice Preparation of list of applications to amend list Court of revision to amend voters' list Powers of court of revision Correction of gross errors in voters' list Annual meeting Notice of annual meeting Submission of reports by officials TOWN AND VILLAGE (PART V) 1952

(2) The applicant, when not the secretary-treasurer, sh~lI give notice in writing to the ~ecretary-treasurer ?f hIS intention to apply to the councIl, and shall state In the notice the grounds of his objection to the qualifications of the persons whose name he desires to have struck off. 1116. Any notice required to be served upon the secretary treasurer under sections 113 and 115 shall be served on or before the first day of December. Court of Revision. 117.

(1) On or before the fifth day of December the secretary-treasurer shall make a list of all applicants for amendments to the voters' list, giving names and grounds of each application, and shall post the same in a conspicuous pla,ce in his office.

(2) Immediately thereafter he shall notify the persons interested of the time and place fixed by the council for the hearing of such applications. 118.

(1) On or before the fifteenth day of December the council shall meet as a final court of revision of the voters' list and shall then hear and determine all applications of which notice has been given.

(2) The secretary-treasurer shall thereupon amend the voters' list in all cases herein provided for. 119. The council when sitting as a final court of revision on the voters' list shall have all the powers and privileges in respect of the attendance of witnesses, the imposition and recovery of penalties, and its procedure, that are con ferred by The Assessment Act upon the council sitting as a court to revise the assessment roll. 120. The council, at any time, may -correct a gross or palpable error in the voters' list, and a correction so made shall be initialled by the secretary-treasurer. Procedure Preliminary to Conduct of Election. 121.

(1) The annual meeting of the electors of the town or village shall be held on the second Monday in February at a time and place to be chosen by the council.

(2) At least six days prior to the date of the annual meeting the secretary-treasurer shall post or cause to be posted in at least five conspicuous places in the town or village an annual meeting notice in Form 9 in the Schedule. 122.

(1) At the time and place set out in the notice, the mayor, secretary-treasurer, and the chairmen of the var ious committees shall attend and submit to the meeting their respective reports for the year ending on the thirty~ first day of December ~

1952 TOWN AND VILLAGE (PART V) 45

(2) The Minister may from time to time prescribe forms Repor~bfodrms . prescrl e for the foregoIng reports. .

(3) The mayor shall eause to be read to the meeting the Municipa~ latest Municipal Inspector's Report on the affairs of the ~~~~~~tor s town or village. 123.

(1) The council, at least two weeks prior to the AfPPOtintmi ent th ' d Md' F b . h h II . 0 re urn ng Ir on ay In e ruary In eac year, s a appOInt a officer returning offieer for the next election and name the place where the votes are to he polled.

(2) The council, if it deems proper, may divide the town or village into polling divisions, name a polling place for each division, and appoint the returning officer to have charge of one of the polling pla,ces and a deputy returning officer to have charge of each of the remaining polling pla'ces. 124.

(1) If a returning officer for any reason becomes RfePllact~ment . hI f . t h' d t' th ' toe ec IOn Incapa e 0 c.arrYlng ou IS U IeS, e mayor may appoln , officials in writing, a resident elector of the town or village as re- turning officer.

(2) If a deputy returning officer for any reason beeomes incapable of carrying out his duties, the returning officer may appoint another person as deputy returning officer. Nominations. 125.

(1) Nominations of eandidates for membership in ~~~ination the council shall be received on the third Monday in Feb- ruaryat a place to be chosen by the council.

(2) At least six days prior to the third Monday in Feb- ~g:i~~~fof ruary the returning officer shall post or cause to be posted nomination in at least five conspicuous places in the town or village a nomination meeting notice in Form 10 in the Schedule. 126. At the time and place named in the nomination Nominations meeting notice the returning officer shall declare the meet- ing open for the purpose of receiving nominations and he shall thereupon receive and accept all nominations pre- sented in the proper form within the hours specified in the notice. 12:7.

Each nomination of a candidate for an elective :g~fn~~ion office shall be in writing signed by at least two electors and shall be accompanied by a written statement of the person nominated that he is eligible to be elected for such office and that he will accept the office if elected, and such nomina- tion statement and acceptance shall be in Form 11 in the Schedule. 128.

(1) A nomin.ated person who signs an acceptance Falsrstate containing a false statement shall be guilty of an offence :~~p:~nce d I· bI ' t' t fi t d' an offence an Ia e upon

summary conVlC IOn 0 a ne no ex~ee lng fifty dollars, together with the costs of the proceedIngs.

46 Procedure if not more than requisite number nominated Procedure if less than requisite num,ber nominated Procedure if more than requisite number nominated Date of poll When polling date a holiday Withdrawal of candidate Duty of returning officer in case of resignation TOWN AND VILLAGE (PART V) 1952

(2) In case a person so convicted has been elected as a member of the council, his office shall forthwith become vacant and the council shall forthwith so declare it. 129.

(1) The nomination meeting shall remain open unt

Document details

Collection	Alberta — Bills
Citation	L11 S5 6811
Type	bill
Volume / chapter	L11 S5 6811
Language	en
Format	json
Source	PROVINCIAL
Identifier	dc60b90dfd9ee257d32d3014a6b3fe24879b8941

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