Bill 103 (Legislature 11, Session 4)

L11 S4 7014

Alberta — Bills

Bill No. 103 of 1951. A BILL TO AMEND THE TOWN AND VILLAGE ACT. NOTE. This Bill amends The Town and Village Act, being chap ter 150 of the Revised Statutes of Alberta,

Section 2, clause (

v) which defines the term "transient trader" is amended by striking out subclauses (

v) and (vi). The effe,ct of this amendment is to include persons who sell newspapers and books or periodicals of an educational nature or character in the definition. As a result of being included in the definition of "transient trader" these per sons may be taxed by a town or village under

section 322 of the Act.

Section 20 is amended by correcting the reference to

section 14 contained therein to

section

Section 45 is amended by adding a new clause (

j) which renders ineligible for election as mayor or councillor any person whose seat has been declared vacant by reason of clauses (

a) or (

I) of subsection (1) of

section

Section 56 is amended to provide that the first meeting of a council shall take place on the second Monday in March rather than the first Monday in March. A new

section 68a authorizes the council of any town, having a population of not less than five thousand persons, to provide for the payment of a salary to the mayor.

Section 70, subsection (1) is amended to provide that the council shall declare vacant the seat of any person elected to whom this subsection applies.

Section 72 is amended so that the public meeting therein referred to must be held within thirty days of the date upon which the petition requesting the pubHc meeting is filed.

Section 93 is replaced by a new

section 93 which clarifies the rights of an elector to inspect documents of the town or village. The new

section is in the same form as

section 181a of The Municipal District Act.

Section 102 is amended to exclude persons liable to a business tax from those persons who may vote at an election held prior to the completion of the first voters' list. A new

section 121a provides for the 'replacement of the returning officer, deputy returning officer or other election

ii official who for any reason be,comes incapable of carrying out his duties.

Section 12,2 is replaced by a new

section which fixes the date for the annual meeting of the electors of a town or village for the second Monday in February.

Section 124 is replaced by a new

section whi~h fixes. the third Monday in February as the date upon whlCh nomIna tion of candidates for council shall be received.

Section 12'7 is amended by setting the date for election of members of the council for the same day of the week as the nomination day but in the second following week.

Section 179 is amended so that it refers to the taking of proceedings for an offence in relation to an election under The Controverted Municip'al Elections Act.

Section 191 is struck out as its provisions are now con tained in The Controverted Municipal Elections Act. A new

section 192a provides that all proceedings for contesting an election or the voting upon any by-law under The Town and Village Act shall be taken under the pro visions of The Controverted Municipal Elections Act.

Section 202 is amended to authorize a council to acquire land for the purposes of a public library.

Section 203 is amended to authorize every council to acquire or erect a public library.

Section 205 is amended to limit the amount whkh may be spent by a council upon public improvements under sections 202, 203, 204 and 205 to a maximum in anyone year of five hundred dollars or two and one-half mills on the net total assessment. A new

section 206a empowers the council to enter into an agreement with the council of any other municipality or a school board for the joint construction, ownership and maintenance and use of public buildings.

Section 223 is amended so that a council may close a public street, road Or highway only with the consent of the Minister of Public Works.

Section 224 is amended to provide that the council may sell or lease any land formerly the part of a highway, road, street or lane if the approval of the Minister of Public Works is first obtained. '

Section 226, clause (

n) is amended so that the reference therein to The Town Planning Act will be to The Town and Rural Planning Act which replaces the former Act. A new

section 226a empowers the council to control the installation of gas or water piping or applial!ces. A new

section 231a as ena,cted by O.C. 801/50 is added. This

section is in force from June 1st, 1950, until this Bill

iii is assented to. A new

section 231a replacing the

section 231a as enacted by O.C. 801/50 and effective from the date o! the ,coming into for-ce of this Bill is substituted. It pro vIdes that t.he c<?uncil of a town or village may enter into an agreement wIth an approved hospital for the -care and t~eatment of ~esi~ents of the town or village and persons lIable to taxatIOn In the town or village.

Section 253 is amended by adding two new subsections (5) and (6) which provide for a special tax for medical service- supplied to residents of the town or village. A new

section 260a authorizes the council to pass a by-law for the orderly numbering of houses or lots on streets and avenues in the town or village.

Section 261 is amended to make it clear that under that

section only one day in any year may be proclaimed a civic holiday by the council. A new subsection (3) is added to

section 273. It provides that a fixed sum of money may be paid in lieu of being proceeded against by prosecution for the breaeh of any provision of any by-law designated by the council. The addition of a new subsection (8) to

section 296 authorizes the council, with the approval of the Minister, to invest a portion of any excess funds on deposit in the bonds either of Canada or of the Province.

Section 298 is amended by limiting the amount of the minimum tax which may be imposed upon residents of the town or village for municipal purposes to ten dollars in anyone year.

Section 299 is amended to provide that the amount of the minimum annual tax for school purposes which may be levied by the council in anyone year shall not e~ceed ten dollars.

Section 300 is struck out and a new

section is substituted as ena,cted by O.C. 801/50. This amendment is in force from June 1st, 1950, to the date on which this Bill is assented to. This

section is in turn struck out and replaced by another

section 300, effective from the date of the coming into for·ce of this Bill, which provides that where the council has entered into an agreement with an approved hospital and has levied a mill rate tax for purposes of the agreement, the council may fix a minimum hospital tax in an amount not in eX!cess of eight dollars to be paid by every person assessed upon the assessment and tax roll.

Section 301 is amended to eliminate the reference to

section 300 contained therein. Se.ction 381 is amended to require the returning officer to certify to the council the percentage of the proprietary ele-ctors who have voted in favour of a by-law.

Section 420 is amended to require the council to declare va'cant the seat of any person who is convicted of having signed an acceptance for nomination containing a false statement. Forms F and G in the

Schedule are struck out and new Forms F and G are substituted. Form II in the

Schedule is amended to delete the reference to a 'person who has been liable to a business tax. This Bill comes into force upon assent and upon so coming into force sections 26, 35 and 37, being the amend ments authorized by D.C. 801/50, shall be deemed to have been in force at all times since June 1st, 1950, until the date of the coming into force of this BiB. 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. 103 of 1951.

An Act to amend The Town and Village Act. (Assented to , 1951.) HIS MAJE.ST~, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows: 1= The Town and Village Act, being

chapter 150 of the RevIsed Statutes of Alberta, 1942, is hereby amended.

Section 2, clause (

v) is amended by striking out sub-

Section 2 clauses (

v) and (vi). amended

Section 20, subsection (3) is amended by striking out

Section 20 the figure "14" and by substituting the figure "15". a~ended

Section 45 is amended by adding immediately after

Section 45 clause (

i) the following new clause: amended "(

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

a) or clause (/) of subsection (1) of

section 70, until the expiration of three years from the date upon which his seat was so declared vacant.". ,5.

Section 56 is amended by striking out the words "first

Section 56 Monday" wherever they occur in subsections (1) and (2) amended and by substituting the words "second lV[onday". 6. The following new

section 68a is added immediately New

section after

section 68: 68a "GSa.

(1) The ,council of any town having a population Annual of not less than five thousand persons, by by-law, may :!~~ of provide 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. "

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

Part XI. "

(3) Notices containing the full text of the by-law shall Post!ng and be t d · + I t fi ·d ltd . . pubhca.tion pos e In a.. eas ve WI e y separa e conspIcuoUS of notice pla,ces in the town itt least ten days before the date of voting, of by-law and the notice shall also be published in at least two issues

Section 70 amended

Section 72 amended Date of meeting

Section 93 amended Right of elector to inspect documents

Section 102 amended New

section 121a Replacement of election officials 2 of a newspaper circulating in the town, the last issue con taining the notice being not later than five days before the date of voting. "

(4) The notice referred to in subsecti'On (3) shall con tain, in addition to the by-law, a statement that the ~y-law requires a two-thirds majority vote of the proprIetary electors who vote and a further statement of the date, hours and pl1ace where the poll will be held.".

Section 70, subsection (1) is amended by addi,ng at the end the words ", and the council shall forthwIth so declare it".

Section 72 is amended,- (

a) by renumbering the

section as subsection (1); (

b) by adding immediately after subsection (1) the fol I'Owing new subsections: "

(2) The date for the meeting named in the notice ,shall be not more than thirty days from the date of receipt 'Of the petition. "

(3) The notices shall be posted at least seven clear days prior to the date f'Or the meeting named in the notice.".

Section 93 is struck out and the following is sub stituted: "93.

(1) Any elector, under the supervisi'On of the secre tary-treasurer, and during his office hours, may inspect,- "(

a) any acc'Ount, contract, by-law, minutes of council meeting1S, report of any committee or of any official of the t'Own 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 rel'ating to any 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.".

Section 102, subsection (1) is amended by striking out the words "'Or has been liable to a business tax therein". 11. The f'Ollowing new

section 121a is added immediately after secti'On 121: "l21a.

(1) If a returning offi'cer for any reason becomes incapable of carrying out his duties, the mayor may appoint, in writing, any resident elector of the town or village as returning 'Officer. "

(2) If a deputy returning officer for any reason becomes incapable of carrying out his duties, the returning officer· may appoint any other person as deputy returning officer.".

Section 122 is struck out and the following is sub-

Section 122 stituted : amended "122.

(1) The ,annual meeting of the electors of the town Annual or vil~age shaH be held on the second Monday in February meeting 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 oonspicuous places in the town or village a notice in Form F in the Schedule." . •

Section 124 is struck out and the following is suib- secti°dn J24 stituted: amen e "124.

(1) Nominations of candidates for membership Nomination in the council shall be received on the third Monday in date February at a place to be chosen by the council. "

(2) At least six days prior to the third Monday in February the returning officer shall post or cause to be posted in at least five oonspicuous places in the town or village a notice in Form G in the Schedule.".

Section 127 is amended by striking out the word

Section 127 "next" and by substituting the word "second". amended

Section 179 is amended by striking out the words Secition 179 "this Act" and by 'Substituting the words "The Controverted amended Municipal Elections Act.".

Section 191 is repealed.

Section 191 repealed 17. The following new

section 192a is added immediately New

section after

section 192: 192a "1.92a. All proceedings for contesting an election or the Cont.ested voting on any by-law under this Act shall be taken under electlOns the· provisions of The Controverted Municipal Elections Act." ..

Section 202, subsection (1), clause (

b) is amended

Section 202 by striking out the words "or swimming bath" and by sub- amended stituting the words "swimming bath or public library".

Section 203 is amended by adding immediately after

Section 203 the words "curling rinks," the words "public libraries,". amended

Section 205, subsection (1) is amended by adding

Section 205 immediately after the words "five hundred dollars", where amended they occur in the proviso, the words "or two and one-half mills on the net total assessment of land, buildings and improvements of the town or village, whichever is the grea ter ," . 21. The following new

section 206a is added immediately roe;,

section after

section 206: a

Agreements for joint ownership and use of buildings

Section 223 amended By-law closing street, etc.

Section 224 amended

Section 226 amended New

section 226a Installation of gas or water piping Inspector 4 "206a.

Subject to the other provisions of this Act, the council may pass a by-law authorizing the making of an agreement with the council of any other municipality, or the board of trustees of any school district or division, for the joint construction, ownership, maintenance, operation and use of any public work or building, or for the performance of any matter or thing deemed by all the councils or boards concerned to be of benefit to their respective municipalities, sichool districts or divisions, and to enter into an agreement as to the joint control and management of anything that concerns their respective municipalities or school districts or divisi.ons.".

Section 223 is amended,- (

a) by striking out subsection (1) and by substituting the following: "223.

(1) The council, subject to the approval of the Minister of Public Works, may pass a by-law f.or the purpose of closing any public street, lane, road or highway."; (

b) by striking out subsection (5).

Section 224 is amended by adding immediately after the word "sell" where it occurs in the proviso, the words "or lease".

Section 226, clause (

n) is amended by striking out the words "The Town Platnning Act" and by substituting the words "The Town and Rural Planning Act". 25. The following new

section 226a is added immediately after

section 226: "226a.

(1) The council of a town or village, by by-law, may provide,- "(

a) for prohibiting the installation of gas or water piping or appliances to be used in connection there with or attached thereto; " (

b) for the issuance of permits authorizing the installa tion of gas or water piping 'and appliances, and the fees to be charged therefor; "(

c) for regu1ating the installation, ma~ntenance or repair of gas or water piping or appliances, equip ment and the material used or to be used in connec tion therewith. "

(2) The council may provide for the appointment of an inspector to investigate the observance of the requirements established under subsection (1) and, by iby-Iaw, may define his duties and the extent of his authority. "

(3) The council may enter into an agreement with the council of any city, town or village for the purpose of jointly appointing an inspector as pvovided in subsection (2) and such agreement may provide for defining his duties, authority and method of remuneration in such manner as shall be set out in the agreement.

&> "

(4) Any fee prescribed pursuant tOo this

section shall be reasiQnable in amount and shall not be imposed for the purpo.se of exacting revenue.". 26. The following new sectiQn 231a is added immediately New

section after sectiQn 231 : 231a "231a.

(1) The council Oof any town or village which is Hospital nQt included within a municipal hospital district may pass agreements by-laws in accordance with The Hospitals Act for the pur- PQses Df;- "(

a) entering into an agreement with an apprQved hos pital,- "(

i) f.or the care and treatment Oof any pers.on liable to pay taxes in respect of real property in the town lOr village.1 including the spouse, depend ent family and dQmestic female help of such perSQn; and "(ii) for the care and treatment on a vOoluntary con tract basis of persons who. are residents Df the town or village and who are nQt liable to. pay taxes in respect of real prOoperty in the town or village, including the spouse, dependent family and domestic female help of such person; " (

b) prQviding fQr the admission and care and treatment 'Of any 'Of the persons mentioned in clause (

a) as an emergency admissi.on or medically referred ad mission in an approved hospital, other than the approved hQspital with which the tQwn or village has entered an agreement, under the circumstances set out in

section 3c of The Hospitals Act. "

(2) The expenses incurred to. provide hospital facilities pursuant to. subsecion (1) shall be met by the levy and col lectiQn Qf a mill rate tax upon real property liable to assess ment and taxatiiQn and by the collection Df the am.ounts payable by those persons who. have entered voluntary con tracts pursuant to subclause (ii) Qf clause (

a) of subsection (1) in such am.ount 'as the council may determine. "

(3) The council may fix the am'Ount payable for h'Ospital izatiQn pursuant to. subclause (ii) Oof clause (.

a) Qf sub sectio.n (1),- " (

a) by a single resident; and " (

b) by a resident fQr himlself and his dependent family, who. wishes to. enter a voluntary c'Ontract with the cDuncil pursuant to the provisi.ons of this section.".

Section 231a is struck Qut and the fQll'Owing is sub- Se<'tion 231a t·t t d amended S 1 U e : "231a.

(1) The council of a tDwn Dr village that is nOot Hospital included within a municipal hQspital district may pass by- agreements laws in accordance with The Hospitals Act for the purposes Qf,- " (

a) entering into. an agreement with an approved hOos pital,-

Amount payable for contract Payment of expenses

Section 253 amended Special tax for medical service Contracts for medical service 6 "(

i) for the care and treatment of any person liable to. pay taxes in respect of real property in the town 'Or village, including the spouse, dependent family and domestic female help of such per son, and the surviving spouse, dependent family, and domestic female help of such a person after his decease, so lo~g as the estate is liable to pay the taxes for whIch the dece'ased was liable; and "(ii) for the care and treatment op a voluntary CDn tract balsis of any person who. is a resident of the town or village and who is not liable to pay taxes in respect of real property in the town Dr village, including the spouse and dependent family of such person; " (

b) providing for the admission and care and treatment of any of the persons mentioned in clause (

a) as an emergency admission or medically referred ad mission in an approved hospital, other than the ap proved hospital with which the town or village has entered into. an agreement under the circumstances set out in

section 3c of The' Hospitals Act. "

(2) The c'Ouncil may fix the amount payable for hospital ization pursuant to subclause (ii) of clause (

a) of subsec tion (1) ,- " (

a) by a single· resident; and " (b) !by a resident for himself and his dependent family, who wishes to enter into a voluntary contract with the council pursuant to the provisions of this section. "

(3) The amount fixed under subsection (2) may be suf- fident to pay for part or all of the expenses incurred in respect of such persons. "

(4) The expenses incurred to pro.vide hospital facilities pursuant to subsection (1) shall be met,- " (

a) by the levy and collection of a mill rate tax upon real property liable to assessment and taxation; and " (

b) by the fixing and collection o.f the amounts payable by those pers'Ons who have entered into voluntary contracts pursuant to subclause (ii) of . clause (

a) of subsection (1).". 28. Sectio.n 253 is amended by adding immediately after subsection (4) the following new subsections: "

(5) In any case where a council has entered into an agreement for the supplying of medical care and attention to the residents of the town or viUage, the council, by by-law, may levy a special tax to cover the cost of such medical service upon all the property situate in, or business carried on in, the town o.r village, and the by-law may fix a mini mum tax for the purpose of the medical service to be paid by any resident of the town or village assessed upon the assessment and tax roll. "

(6) Where a council has passed a by-law fixing a minimum tax fo.r medical service the council, by by-law,

7 may provide that any resident 'Of the town or village whG !s not assessed uI?oOn the assessment and tax roll may enter Into a contract WIth the council for the purpose 'Of enjoying the benefits 'Of t~e medical service upOon voluntary payment of the amoOunt fIxed by by-law as a minimum tax for the medical service and the by-law may provide that only such non-assessed person who has entered into such a c'Ontract shaH be entitled to the benefits of the medical service.". 29. T,he f'Ollowing new sectioOn 260a is added immediately New

section after

section 260: 260a "260a. The council may pass a by-law for the 'Orderly Numbering numbering of houses or lots 'On the streets and avenues in houses the town or village.".

Section 261, subsecti'On (2) is amended by striking

Section 261 out the words "any day" and by substituting the words "any amended one day of the year".

Section 273 is amended !by adding immediately after Secti~n J73 subsection (2) the following new subsection: amen e "

(3) The council 'Of any town or village, where a pGlice Fine in lieu constable has been apPOointed under the provisions of

section ~i~~rosecu- 77, by by-law, may provide that any person may pay tOo the secretary-treasurer or other perSDn designated by the coun- cil, a fixed sum of moOney in lieu of being proceeded against by pr'OsecutiDn fOor the breach of any provision of any by-law designated by the council.".

Section 296 is amended by adding immediately after Secti~n J96 subsecti'On (7) the folloOwing new subsection: amen e "

(8) In case the general revenue on deposit of a town or Investment village exceeds the indebtednes1s, liabilities or commitments ~~:~~PIUS of the town or village, the council, by by-law, approved by the Minister, may invest part 'Of the excess in bGnds either of Canada Dr of the Province 'Of Alberta.". 33. SectiDn 298, subsection (1) is amended by adding Secti~n J98 immediately :after the words "municipal purpDses" the amen e words "in an amount nOot in excess of ten d'Ollars". 34. SectiDn 299, subsection (1) ils amended by adding

Section 299 immediately after the words "school purpos,es" the words amended "in an amoOunt not in excess 'Of ten dOollars".

Section 300 is struck Gut and the following is sub-

Section 300 amended stituted: "300.

(1) In case the council has entered into an agree- ~ini~uln; ment with an approved hospital and has levied a mill rate osplta ax f'Or purposes of the agreement the council may by by-law fix a minimum hospital tax to be paid by every persOon assessed upon the assessment and tax roll for such hGspital agree- ment purposes.

Section 300 amended Minimum hospital tax

Section 301 amended Sec.tion 381 amended

Section 420 amended

Schedule amended FormF

Schedule amended FormG 8 "

(2) Where any council has passed a by-law under sub section (1), the amount fixed as payable for hospitalization under a voluntary contract pursuant to

section 231a (3) shall not he less than the amount fixed by the by-law passed pursuant to subsection (1).".

Section 300 is struck out and the following is sub stituted: "300. In case the council has entered into an agreement with an approved hospital and has levied a mill rate tax f.or purposes of the agreement, the c.ouncil, by by-law, may fix a minimum hospital tax in an amount not in excess of eight dollars to be paid by every person assessed upon the assessment and tax roll f.or such hospital agreement pur poses.". 37. Secti.on 301, subsection (1) iis amended by striking out the word and figures "299 or 300" and by substituting the word and figures "or 299".

Section 381 is amended by striking out the words "whether or not two-thirds of the pr.oprietary electors vot ing upon the by-law have approved of the same" and by substituting the words "the percentage of the proprietary electors voting on the by-law who have approved of the same".

Section 420 is amended by adding at the end the words "and the council shall forthwith so declare it". 40. Form F in the

Schedule is struck out and the follow ing is substituted: "FORM F H (Section 122) "NOTICE OF ANNUAL MEETING.

"Public n.otice is hereby given that a meeting of the electors of the town (or village) of ....................................... . will be held in the .............................................. on ........ : ....... .. the ................................ day of .................................... , 19 ........ .. at ........................ o'clock p.m., for the purpose of receiving the report of the mayor, secretary-treasurer, auditor and chairman of the various committees of the council for the year ending December 31st, 19 ....... ..

Date at ............................ this ............ day of ................ 19 ........ . ........................................ (·S~~~·~t;;,~Y~t~~~~~~~~)·:;;: 41. Form G in the

Schedule is struck out and the following is substituted: "FORM G " (Section 124) "MUNICIPAL ELECTIONS ...................... .. "TOWN (OR VILLAGE) OF ...................................... .. Pul;>li~ notice is hereby given that I will attend at (insert descrIptIon of place) on ................. ", ...... , ............. , the ............... .

9 day of ...................... 19 ........ , from eleven o'clock in the fore- noon until twelve o'clock noon for the purpose of receiving nominations of candidates (for office of mayor for the next ensuing two years in the case of a town, or for the office of councillor for the next ensuing three years, as the case may be). Given under my hand at ...................................................... .. this ............................ day of ........................................ , 19 ........ . (Returning Officer) .". 42. Form II in the

Schedule is amended,-

Schedule (

a) by striking out the words "( or has been liable to a amended business tax, as the case may' be) " ; (

b) by striking out the words "LAND OR BUSINESS" and by substituting the word "LAND". 43. This Act shall come into force on the day upon which 90min g it is assented to, and upon so coming into force sections 26, mto force 35 and 37 shall be deemed to have been in force at all times on and after the 1st day of June, 1950, until the date of the coming into force of this Act.

No. 103 FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act to amend The Town and Village A'ct. Received and read the First time ...................... .. Second time Third time .................. . HON. MR. GERHART. Title: 1951 (11th, 4th) Bill 103,

An Act to amend The Town and Village Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 7014
Type	bill
Volume / chapter	L11 S4 7014
Language	en
Format	json
Source	PROVINCIAL
Identifier	e96c00bc3f14c2ec5d3fa3a65df12644f1bf7cc5

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