Bill 109 (Legislature 15, Session 3)

L15 S3 1415

Alberta — Bills

No. 109 3rd Session, 15th Legislature, Alberta 14 Elizabeth II BILL 109 A Bill to amend The Public Utilities Board Act HON. MR. HOOKE Printed by L. S. WALL, Printer ,to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

Explanatory Note I. This Bill amends

chapter 85 of the Statutes of Alberta, 1960. 2. The provisions enumerated in the new subsection (3) deal with applications to the Board for its consent to a purchase by a municipal corporation of a utility operated by a contractor under a contract that has expired but has not been renewed. The new sub section (3) is intended to allay doubts as to whether the Board has, under those provisions, jurisdiction to determine the price of the utility before deciding on whether its consent should be given to the purchase, or before the municipality has even committed itself to purchase the utility. The provisions mentioned in the subsection are all virtually identical.

Section 410, subsection (2), clause (

b) of The City Act reads:

(2) Any such contract, whether 'Or not it contains an express pr'O vision to that effect, i:s subje·ct to the f'ollowing con ditioOlll , namely, (

b) that, if either party refuses to renew the contract, or if the parties fail to agree as to the conditions of the renewal, then the council, subject toO the consent 'Of the B'Oard of Public Utility Commissioners, may purchase aU the rights of the contractor i.n all matters and things under the contract and in all apparatus and property used for the purposes thereof, for such price and on such terms as may be agreed upon with the contractor, 'Or failing such agreement, then for such price and on such terms as may be fixed and settled by the Board of Public Utility Commissioners on the applicatiOlll 'Of either of the paI"ties. 3. Commencement of Act.

81 LL No. 109 of 1966

An Act to amend The Public Utilities Board Act (Assented to , 1966) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Public Utilities Board Act is hereby amended.

Section 28 is amended by adding the following sub section:

(3) The Board has, and shall be deemed at all times to have had, jurisdiction to fix and settle, upon application, the price and terms of purchase by a council of a city, town, village, municipal district or county, as the case may be, pursuant to clause (

b) of subsection (2) of

section 410 of The City Act, clause (

b) of subsection (2) of

section 350 of The Town and Village Act or clause (

b) of subsection (5) of

section 296 of The Municipal District Act (

a) before the exercise by the council under any of those provisions of its right to purchase and with out binding the council to purchase, or (

b) where an application is made under any of those provisions for the Board's consent to the purchase, before hearing or determining the application for its consent. 3. This Act comes into force on the day upon which it is assented to.

No. 109 THIRD SESSION FIFTEENTH LEGIS'LA TURE 14 ELIZABETH II 1966 BILL

An Act to amend The Public Utilities Board Act Received and read the First time ............... .. Second time ....... . Third time HON. MR. HOOKE Title: 1966 (15th, 3rd) Bill 109,

An Act to amend The Public Utilities Board Act

Document details

Collection	Alberta — Bills
Citation	L15 S3 1415
Type	bill
Volume / chapter	L15 S3 1415
Language	en
Format	json
Source	PROVINCIAL
Identifier	e290e207c62479af4bf3fea90406fad1943113e6

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