Bill 50 — Third Session, 17Th Legislature,_ 23 Elizat>~H :Ti' the Legislative Assembly of Alberta Bill So the Municipal Statutes Amendment Act, 1974 (Legislature 17, Session 3)

L17 S3 5316

Alberta — Bills

1974 Bill 50 Third Session, 17th Legislature,_ 23 Elizat>~H :tI' THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL SO The Municipal Statutes Amendment Act, 1974 MR. DOAN First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Second R·e·ading ............................ . Thi~d Reading Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 50 Mr. Doan BILL 50 1974 THE MUNICIPAL STATUTES AMENDMENT ACT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: The Municipal and Provincial Properties Valuation Act 1.

(1) The Municipal and Provincial Prop'erties Valua tion Act is amended by this section.

(2) Section 3 is amended by striking out the word "or" at the end of clause (

e) and by striking out clause (f).

(3) Section 4 is struck out and the following is substi tuted: 4. The assessor .of every municipality shall prepare a valuation of all land and improvements within the munici pality owned by .the Crown in right of Alber,ta with the exception of (

a) highways, streets, lanes, roadways and road allow ances; (

b) roadside camp and picnic ~ounds, provincial parks, historkal sites, monuments and museums; (

c) real proper1ty used for or in connection with uni versities or colleges or academic, trade, forestry or agricultural schools, other than buildings used for residential purposes and the lands used in connection therewith; (

d) real property used for or in connection with hos- pitals or mental institutions; (

e) sanitary and storm sewer systems; (

f) public works reserves; (

g) real property situated outside a city, town or vil lage that is not (

i) used or actively occupied by the Crown, or (ii) occupied under a lease, licence, permit or agree ment for sale; (

h) real property leased to or occupied by a person from whom the municipality may, by reason of his

Explanatory Notes I.

(1) This

section will amend

chapter 248 of the Revised Statutes of Alberta 1970.

(2) Secton 3 provides for the valuation of municipally owned property with certain exceptions. This amendment will remove one of the exceptions - pollution control equipment.

(3) Section '4 is revised to provide for the valuation of residences under clause (c), to add clause (

g) and to remove an exception for Crown owned pollution control equipment.

interest in the property, levy and collect a munici pal tax; (

i) property of The Alberta Government Telephones Commission to be valued by the Chief Provincial Assessor pursuant to

section 6. (J,,)

Section 5, subsection (1) is amended by adding the following new clause after clause (a): (al) The Alberta Housing Corporation,

(5) Section 6, subsection (1) is amended (

a) by striking out the word "October" and by substi tuting the word "December", (

b) by striking out the words "and used in the commun ication system of".

(6) Section 7 is struck out and the following is substi tuted: 7 • (

l) All properties to be valued under sections 3, 4 and 5 shall be valued in a manner that is equitable and uniform with assessments of that and other kinds of property throughout the municipality.

(2) All properties to be valued under

section 6 shall be valued in a manner that is equitable and uniform with assessments made under The Electric Power and Pipe Line Assessment Act.

(7) Section 8, subsection (1) is amended by striking out the word "October" and by substituting the word "Decem ber".

(8) Section 10 is amended by adding after the words "The Liquor Control Act," the words "The Alberta Housing Act,". The Municipalities Assessment and Equalization Act 2.

(1) The Municipalities Assessment and Equalization Act is amended by this section.

(2) Section 2 is amended (

a) by striking out clause (

f) and by substituting the following: (f) "equalized assessment" means the assessment and valuation iQf rateable lands in a munici pality adj usted as may be required in accord ance with this Act and the regulations; 2

(4) Section 5, subsection (1), clause (·

a) presently reads: 5.

(1) The assessor of every municipality that imposes a business tax shall, in accordance with the regulations, prepare a valuation fOT business assessment purposes in respect of any premises of (

a) The Alberta Liquor Control Board, situate,d <in the municipality.

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

(1) Not later than the 31st day of October in each year the Chief Provincial Assessor shall make or cause to be made on his behalf a valuation for each municipality of all installations, materials, devices, fi<ttings, apparatus, appliances, equipment, machinery, ways and ease ments and structures, other than land and buildings, owned by and used in the communication system of the Alberta Government Teleph.ones Commission.

(6) Section 7 presently reads: 7.

(1) All properties to be valued under sections 3, 4, 5 and 6 shall be valued in a manner that is equitable and uniform with assessments of that and other kinds of property throughout the municipality.

(2) Without restricting the generality of subse-ction (1), where pur suant to any o.ther Act, a particular type or class of p'roperty is to be assessed at a specified percentage of its fair actual value, then any property of that type or class' that (

a) is exempt from assessment and taxation under any other Act, but (

b) is to be, valued under this Act, shall, for the purposes of this Act, be valued at the same percentage of its fair actual value.

(7) Section 8, subsection (1) presently reads: 8.

(1) The valuation required pursuant to

section 3 or 4 shall be prepared not later than the 31st day of October in any year for the purposes of this Act in the next ,succeeding year.

(8) Section 10 presently reads: 10. The Lieutenant Governor in Council may provide that the valua tion of any type or class or classes of property prepared pursuant to seotion 4, 5 .or 6 shall be used as the value of that property for the purpose of grants to municipalities under The Crown Property Munici pal Grants Act, The Liquor Control Act, the Alberta Gove,rnment Tele phones Act and The Treasury Branches Act. 2.

(1) This

section will amend

chapter 252 of the Revised Statutes f Alberta 19'70..

(2) Section 2 (

f) and (j) (

i) presently reads: (f) "equalized assessment" means the assessment and valuati.on of rateable lands within a municipality adjusted as may be re quired in accordance with this Act and Alberta Regulation 34/66, as amended by Alberta Regulation 68/68; (j) "rateable lands" means (

i) lands and improvements and special franchises that are asse,ssed by a municipality, 2

(

b) as to clause (

j) by adding at the end of subclause (

i) the words "including improvements assessed pur suant to a by-law under

section 8.1 of The Municipal Taxation Act,".

(9) Section 14 is amended (

a) as to subsection (1) by striking out the word "three" and by substituting the word "five", (

b) by adding the following new subsection after sub section (2):

(2.1) The Lieutenant GO'vernor in Council shall appoint one of the members as vice~chairman who shall, during the disability or absence of the chair man, act as ,chairman.

(4) Section 16 is amended (

a) by striking out subsection (2), (

b) as to subsection (3) by striking out the words "a member" and by substituting ·the words "the vice chairman" .

(5) Section 18 is struck out and the following

section -is substituted: 18.

(1) In accordance with The Public Service Act, there may be appointed a secretary of the Board who may be a member of the Board and such other officers, inspectors and clerks as, are required for the conduct of the busines's, of the Board.

(2) Notwithstanding subsection (1) and for the purposes of carrying out the duties and 'exercising the powers im posed or conferred upon it pursuant to this Act, the Board may, subject to the approval of the Minister, avail itself of the services of any officer or other employee of the Depart ment of Municipal Affairs.

(6) The. following new

section is added after

section 18: 18.1 The Board, or any person authorized by it to make any inquiry or report, may dO' any or all 'Of the following: (a} >eiiter upon and inspect any land or other property during daylight hours and upon reasonable notice to the occupa~~ t1ler,~of ; O~}"requireth~, productipn of books, plans, papers and other· 'documents in the possession, custody or con trol of' a'ii !Qfficial.of a;municipality and relating to any assessment of rateablelands.

(7) Section 21 is amended by adding the following new subsection after subsection (1): :3

(3) Section 14 (1) presently reads: 14.

(1) The Lieutenant Governor in Council may appoint a Board to he known as the Alberta Asses,sment Equalization Board, which shall be composed of three persons appointed from time to time by the Lieutenant Governor in Council, and each of whom may hold office during pleasure.

(4) Section 16 (2) and (3) presently reads:

(2) In the case of the disabiUty or absence of the chairman, the mem ber of the Board who has been longest in office, or where the members have been in office an equal length of time, the member first named in the order appointing them, may act in his place.

(3) When it appears that a member of the Boar,d has acted in place of the chairman, it shall be conclusively presumed that he has so acted during the absence or disability of the chairman.

(5) Section 18 presently reads: 18. The Lieutenant Governor in Council may appoint a secretary to the Board, who may be a member of the Board, and such clerks and assistants as may be deemed necessary.

(6) Powers of inspection.

(7) Municipal assessor to provide information. 3

(1.1) The Board may at any time it considers necessary to so do, require the assessor of a municipality to provide to the Board such information relating to the assessment of property in his municipality and containing such details as may be prescribed by the Board.

(8) Section 29 is amended by adding the following new clause after clause (a): (a1) prescribing standards and methods to be used for the purpose of equalizing assessments under this Act, The Municipal Tax Exemption Act 3.

(1) The Municipal Tax Exemption Act is amended by this section.

(2) Section 4, subsection (1), clause (

b) is amended by striking out the words "'Or other purpose to the" and by substituting the words "that is to the general".

(3) Section 11 is amended by striking out subsection (2) and by substituting the following subsections:

(2) On an application under

section 5, (

a) the Lieutenant Governor in Council may grant an exemption with respeCit to all or part 'Of the property to which the application relates, subject to the pro visions of

section 12, and (

b) where 'Or to the extent Ithat an order of the Lieuten ant Governor in C'Ouncil is not made granting the exemption applied for, the exemption shall be deemed to be refused.

(2.1) On an application under

section 8, subsection (1), clause (b), (

a) the Lieutenant Governor in Council may rescind or vary the exemption to which the application relates, in whole or in part, and (

b) where or to the eXlbent that an order 'Of the Lieuten ant Governor in Council does not rescind or vary the exemption to which the application relates, the rescissi'On or variation applied for shall be deemed to be refused.

(4) Section 12, subsection (2) is amended (

a) as to clause (

a) by striking out the words "and taxation", (

b) as to clause (

b) by striking out the words "and taxation", 4

(8) Section 29 (

a) pres en tly reads: 29. The MLnister may make regulations (

a) approving forms for use under this Act, 3.

(1) This

section will amend

chapter 250 of the Revised Statutes of Aberta 197.0.

(2) Section 4 (1) presently reads: 4.

(1) A non-profit organizatiDn that is liable to. assessment and taxation by a municipality in respect of prDpel'ty (

a) IQwned bytt Dr leased by it f.rom the Crown, and (

b) uS'ed by it fDr any charitable, educatiDnal, religious, bene'volent Dr welfare purpose lOr other purpDse to the public advantage or benefit, may apply, in aceD'Mance with this Act, to' have that prDperty de-clared ·tDbe exempt from assessment and taxation by the municipality.

(3) Section 11 (2) presently reads:

(2) The Lieutenant Governor in Council may, (

a) wLth respect to an application under sectiDn 5, (

i) refuse to grant an exemp'tion, or (ii) grant an exemptiDn with respect to all Dr part Df the prDperty to which the applic8ltion relates, or (

b) with respect to an application under s'ection 8, subsection (1), clause (a), (

i) refuse to rescind Dr vary the exemption, or (ii) rescind or vary the exemption in whole or in part, subject to the provisions of

section 12.

(4) Section 1'2 (2) .presently reads:

(2) An order under

section 11 may provide for (

a) the cDmplete exemption frDm assessment and taxation (

I) of an entire p.arcel of land, or Df only a part of a parcel of land, either including or ex,eluding any improvement thereon, or (ii) of an improvement excluding the land upon which it is situated, or (

b) the pal'tialexemptiDn from assessment and taxation of property (1) by fixing a value to be used for the prDperty for assessment purpDses, or (ii) by fixing a rate by which the value of the property is to be reduced for assessment purposes, or any combination of the foregoing. 4

(

c) by adding the word "or" at the end of clause (

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

c) the complete or partial exemption from taxation for any purpose specified in the order (

i) of an en tire parcel of land, or of 'Only part of a parcel of land, either including or excluding any improvement thereon, or (ii) of an improvement excluding the land upon whkh it is situated,

(5) Section 13 is amended by adding the following new subsection after subsection (1): (1.1) Subsection (1) does not authorize a municipality to assess or tax any property otherwise exempt from assess ment under secti'On 25 of The Municipal Taxation Act. The Municipal Taxation Act (4)

(1) The Municipal Taxation Act is amended by this sedion.

(2) Section 2 is amended (

a) as to clause 11 by adding after the words "in con nection with" the words "the growing and actual sale of trees and shrubsi for transplanting or", (

b) as to clause 11.1 by adding after the words "in con nection with" the words "the growing and actual sale of trees and shrubs for transplanting",

(3) Section 17 is arnended by striking out subsection (5) and substituting the following subsection:

(5) All property that is exempt from assessment under The Electric Power and Pipe Line Assessment Act and property exempt from assessment under

section 25, sub section (1), dause 29 shall not be included in an assessment under subsection (2).

(4) Section 18, subsection (2), clause (

a) is amended by adding after the words "to that person" the words "as if he were the owner of the land".

(5) Section 24.1, subsection (1) is amended by striking out the word "grain," and by SUbstituting the words "cereal grain, f'Orage seed or oil seed,". 5

('5)

Section 13 (1) presently reads: 13.

(1) Notwithstanding sectiQns 11 and 12, a municipality may, by by-law, (

a) assess land and imprQ,vements exempted frQm assessment and taxatiQn, in whQle Qr in part, under this Act Qr under a private Act, and (

b) levy a tax fQr all purpQses referred to. in

section 93 Qf The Municipal TaxatiQn Act except thos'e set Qut in subsection (1), clauses (d), (

f) and (g). 4.

(1) This

section will amend

chapter 251 of the Revised Statutes of Alberta 1970.

(2) Section 2, clauses 11 'and 11.1 presently read: 11. "farm buildings" means the residence and other imprQvements used in CQnnection wHh the raising Qr prQductiQn of crQPS, live stQck Qr PQultry or in connectiQn with fur prQductiQn Qr bee keeping and situated on farm land Qutside a cioty, tQwn, new town, village Qr s'Ummer village; 11.1 "farm land" means land used in CQnnectiQn with the raising Qr prQduc,tiQn of crQPS, livestock Qr PQultry Qr in connectIon with fur production or beekeeping consisting of one Qr more adjacent parcels Qperated as a unit (

i) by a perSQn who derives from that activity thereon an incQme sufficient to provide a liveliho,Qd where the unit contains 20 acres or mQre or has been reduced to. less than 20 acres by expropriatiQn, or (ii) by a person who de'rives from that aotivity thereQn his prin cipal inoQme where the unit contains less than 20 acres, but does not include a parcel of land Qf less than one acre in extent;

(3) Section 17 (5) presently reads:

(5) Machine'ry, equipment or apparatus ,that is exempt from assess ment under sectiQn 4, clauses (b), (

c) and (

d) Qf The Electric Power and Pipe Line Assessment Act shall not be included in a valuation unde,r subsection (2). Subsection (12;) provides for the assessment of utility franchises.

(4) Section 18 (2) (

a) presently reads:

(2) Where a person is in oocupation Qf any part of the surface of a parcel Qf land under a lease, licence or permit from the owner of the parcel for any Qf the purpos'es specified in subsection (1), (

a) if the lease, licence Qr permH is held of the Crown, the leasehold interest in the land so oocupied by that person shall be as;sessed to that person, or but the rate of assessment thereof ,shall no;t exceed the highest rate Qf assessment on agricultural Jand situated in the same municipality. ('5)

Section 24.1 (1) presently reads: 24.1

(1) NQtwithstanding the other prQvisions of this Act. or the regulations', the asseSSQr, in determining the a8sessment of an Improve ment used exclusively for the purpQse of storing or handling grain, shall have regard to any loss in value incurred thereLn as a result Qf any Qr all of the following: (

a) physical deterioratiQn; (

b) functional obsolesence; (

c) economic obsQles'ence. 5

(6) Section 25, subsection (1) is amended (

a) as to clause (2) by adding after the words "land and improvements" the words ", including water and sewer systems,", (

b) by striking out clause 3 and by substituting the following: 3. school buildings and school lands owned by a school district or school division unless such buildings and lands are exclusively used for other than school purposes; (

c) as to clause 5 by adding immediately before the words "land held by" the words "a parcel of", (

d) by striking out clause 6 and by substituting the following: 6. a building or any part thereof (

i) situated on land held by or for the use of any religious body, and (ii) which is chiefly used for divine service, public worship or religious education, but exclusive of any part of the building which is chiefly used for other purposes; (

e) as to clause 19.1 by striking out the word "or" at the end of subclause (iii) and by striking out sub clause (iv) , (

f) by adding the following new clause after clause 28: 29. the inlet valve and outlet valve and any instal lations, materials, devkes, fittings, apparatus, appliances, pipe equipment and plant machinery between such valves in any regulating or meter ing station (

i) that is owned or operated by a municipal ity, or a rural gas co .. operative association organized under The Co-operative Associa tions Act, or (i'

i) that is part of a system that serves an urban community or a system where the :majority of customers are rural gas con sumers, as defined by the regulations.

(7) Section 25, subsection (1) is amended by striking out clause 26 and by substituting the following: 26. waterworks supply, distribution system and metering facilities used pr,imarily for the pur pose of providing a domestic water supply service when owned or operated by an individ ual or corporation; 6

(6) Section 25 0), clauses 2, 3, 5, 6 and 19.1 (iv) presently read: 25.

(1) The following property is exempt from assessment by a municipality, namely: 2. land and improvements (i) .owned by a municipality, .or (ii) held under lease, licence or permit from the Cr.own by a municipality; 3. school buildings' and landS' owned and ,occupied by a scho.ol dis trict .or school division solely for the purpose of' a s:c.hoo,l; 5. land held by or for the use of any religious body and on which is si,tuated a building ch~efly used for divine service, publLc wor ship or religious' educati.on, if (

i) when situated in a city, town, new town, village or summe'r village, the land does not exceed one-half a.cre, and (,ii) when situated in any other municipality, the land does not exceed four a.cres, or such greater area as may be exempted by by-Jaw; 6. a building or any part thereof which is chiefly used for divine service, public wo·rship or religi.ous education, but exclusive of any part of the building which 1s chie.f1y used f.or o,ther purposes; 19.1 ,subject to

section 26, subsection (1), clause 11, all p'roperty held by (iv) The Alberta Universities Commis'sion;

(7) Section 25 (1)/26 presently reads: 25.

(1) The foll.owing property is exempt from assessment by a municipality, namely: 26. a water works supply, distribution system and metering facilities uS'ed for the purp.ose of providing a water supply service toO the consumers of a municipality when owned and operated by an individual Oor bOody corporate (

i) upon the expiry of the existing franchise agreement, or (.ii) when a.n agreement approved by the Minister has been made as to payment in lieu of taxes between the owner and the municipality, whichever occurs first. 6

(8) Section 26, subsection (1), clause 11 is amended by striking out the word "or" at the end of subclause (iii) and by striking out subclause (iv).

(9) Section 36, subsection (1) is amended by striking out the words "first day" and by substituting the words "15th day".

(10) Section 41, subsection (1) is amended by striking out the words "first day" and by substituting the words "15th day".

(11) Section 83 is amended by striking out subsection (1) and by substituting the following: 83.

(1) Where a person carries on more than one class of business on the same premises the business tax shall be levied in accordance with the area occupied by each class of business.

(12) Section 93 is amended by striking out subsection (1.2) and by substituting the following:

(1.2) For the purpose of subsection (1.1) "residential property" includes (

a) any building used for residential purposes only, (

b) where there is a mixed use of a particular building, such portion of the building as is used for residen tial purposes, (

c) the parcel of land forming the site of any such building or buildings or, where there is a mixed use of any such building or buildings, a proportionate amount of the parcel forming the site thereof (such proportionate amount to be calculated as the same percentage IQf the assessed value of the 'entire parcel as the assessed value of that portion of the build ing used for residential purposes is of the assessed value of the entire building), and (

d) any other building situated on the same parcel of land, the use of which is directly ancillary to such residential use.

(13) Section 97, subsection (1) is amended by striking out the word "lineal" in clauses (a), (

b) and (

c) and by substituting the word "assessable".

(14) Section 99, subsection (3), clause (

b) is amended by striking out the word "lineal" and by substituting the word "assessable" . 7

(8) Section 2'6 (1), clause 11 (iv) presently reads: 26.

(1) The following prO'perty ,is exempt from assessment unless a. municipality, by by-law, authorizes an as,sessment to' be made with respect t.o any or all O'f the undermentioned properties: 11. buildings owned by (iv) The Alberta Univers'ities Commission, and used for residential purposes and lands us.ed in cO'nnection therewith.

(9) Section 36 (1) presently reads: 36.

(1) Upon .receipt of any return made by Ithe assess.or pursuant to secti.on 35, the municipal secretary, or the assessor in the case O'f a city, shall prepare an assessment roll not later ,than the first day of January in the year follo·wing the year in which the assessme.nt has been made.

(10) Section 41 (1) presently reads: 41.

(1) Upon preparation of the assessment roll pursuant to

section 36 and nO't la;ter than the first day of January next following, the municipal secretary, or the assessor in the case of a city, shall cause to be pub lished in one issue of a newspaper having general circulation in the municipality, a notice in the prescribed form that the assessment r.oll has been prepared.

(11) Section 83 (1) presently reads: 83.

(1) N.o pers.on shall be taxed in respect of the same premis'es under more than one class of business tax as fixed by the by-law, and where any person carried on mO're than one kind of business on the same premises the business tax shall be levied on the entire premises as' if the entire premises were used for the kind .of business that is the chief or principal business of the businesses so carried on by him in O'r on the premis·es.

(12) Section 93 (1.2) presently reads:

(1.2) F.or the purpO'se of subsection (1.1) "residential property" in cludes (

a) any building used for residential purposes together wLth the land f.orming the site thereof, and (

b) when there is a mixed use of a particular building, such portion of the building as is used for residential purposes together with a prO'Portionate amount of the land forming the site thereO'f, and a;ny other buildings located on the parcel as are directed ancillary to such residential use.

(13) Section 97 (1) (a), (

b) and (

c) presently reads: 97.

(1) The municipality by by-law may impO'se and levy any or al,l of the following special taxes .or charges in addLtion to any other taxes authorized by this Act: (

a) annually against every lO't fronting Dr abutting on any street, Lane or public highway .on or under which waterworks mains and service·s are located, a specW waterworks tax of an amount not ·exceeding such amount per U.neal foot of frontage as may be f.ixed by by-law; (

b) annually against eve'ry IDt fronting Dr abutting on any street, lane or public highway on or under which sewer mains and serv~ces are located, a special sewer tax of an amount not. ex ceedmg such amount per lineal foot of f'r.ontage as may be flxed by by-Jaw; (

c) annually against every lot fronting .or abutting or adjOining on any boulevard within the municipality a special boulevard tax of an amount not exceeding such am.ount per lineal foot .of frontage as may be nxed by by-law;

(14) Section 9'9 authorizes a maintenance tax calculated on lineal footage. 7

(15 )

Section 149 is amended (

a) as to subsection (1) (

i) by adding the word "sanitary" before the word "sewer" and before the word "sewers" wher ever they appear in clause (a), (ii) by adding the word "or" at the end of clause (

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

c) a storm sewer has been or is to be built to serve one or more parcels of an area where the storm drainage from that parcel or par cels will be of such a quantity that the existing storm sewers of the area cannot accommodate it although the existing storm sewers are sufficient to carry off the existing storm drainage of the area, (

b) as to subsection (2) by striking out the words "the new sewer or water main" and by substituting there for the words "the new sanitary sewer or storm sewer or water main, as the case may be,", and (

c) as to subsection (3) by striking out the words "one sewer or water main" and by substituting therefor the words "one sanitary sewer or one storm sewer or one water main, as the case may be". (16) Subsections (5) and (7) shall be deemed to have been in force at all times on and after December 31, 1973. The Tax Recovery Act 5.

(1) The Tax Recovery Act is amended by this section.

(2) Section 29, subsection (2) is amended (

a) by striking out clause (

a) and by substituting the following: (

a) for a right of entry by an operator entitled to apply for a right of entry order under The Sur face Rights Act, or (

b) by striking out the words "under The Right of Entry Arbitration Act" and by substituting the words "under The Surface Rights Act". 6. This Act comes into force on the day upon which it is assented to. 8

(15) Section 149 presently reads: 149.

(1) When (

a) a sewer has been or is to be built to serve one or more parcels in an area where the development thereon will generate such a quantity of sewage that the existing sewers of the area cannot meet the need although the existing sewers can take care of the existing sewage requirements in the area, or (

b) a water main has been or is t'0 be built to serve one or more parcels in an area where the development thereon will generate s'uch a demand for water that the existing mains cannot mee,t the need although the existing mains can supply the require ments of the existing developments in the area, ,the council, by by-law, may estabUsh a charge for any parcel here~n described for a period of not more than 25 years or may require that such sum be prepaid.

(2) Other parcels in the area that do not conneot to the ne,w sewer or watermain shall not be 3Jssessed or charged by reason of its existence until the owner requests connection and then shall be, ass'essed and ,charged fOor the period of not more than 25 years or on a prepayment basis as the by-law provides.

(3) Nothing in this seotion 'shall be deemed to authorize any parcel to. be charged in any year a charge for mOore than o.ne sewer or water main. s. (1) This

section will amend

chapter 3160' of ,the Revised Statutes of Alberta 1970.

(2) Section 29' (2) presently reads:

(2) Either befo.re or after f,inal acquisition of a parcel, if an application is made to a municipality (

a) fOor a right of entry by an Ooper'ator entitled to apply for a right of entry to remOove minerals under The Right of Entry Arbttratio.n Act, or (

b) for a right of way for a railway, pipe line, transmission line, pole line, conduit, irrigation '0r drainage ditch, or o,ther similar purpose, by an applicant entitled to expropri3Jte for such purpose under the provisions of any Act, the municipality may grant a right of entry or right Oof way through the :parcel to the same extent as the applicant would be entitle~. to acqUIre under The Right of Entry Arbitration Act or the Act authOorlzmg the exprOopriation, as the case may be. The amendment updates references to The Surface Rights Act that were omitted! at the time of the enactment of that Act in 1972. 8 Title: 1974 (17th, 3rd) Bill 50, The Municipal Statutes Amendment Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5316
Type	bill
Volume / chapter	L17 S3 5316
Language	en
Format	json
Source	PROVINCIAL
Identifier	e01f01c069ba99ef5020c3cf9ac8cbc38c943622

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