Bill 12 (Legislature 12, Session 2)

L12 S2 6558

Alberta — Bills

Bill No. 12 of 1954 A BILL RESPECTING MUNICIPAL DISTRICTS NOTE This Bill enacts The Municipal District Act, 1954, and is a consolidation and revision of The Municipal District Act,

chapter 151 of the Revised Statutes of Alberta, 1942, which it repeals. The first provincial statute dealing with rural munici palities was passed in the session of 1911-12. This was called The Rural Municipality Act. In 1918 the expression "rural municipality" was replaced by the designation "municipal district". The Act of 1911-12, as amended in the ensuing years, was carried into the Revised Statutes of Al berta, 1922. In 1926 that Act was repealed and replaced by a new Municipal District Act.

The Act of 1926, as re vised in 1942 and as amended through the years is the Act now being replaced by the Act that this Bill enacts. This new Act is the third in a series of Acts which have been passed in the past few years dealing with municipal bodies. The first was The City Act of 1951. As far as the subject permits, this new Act makes the provisions relating to municipal districts ,conform with similar provisions in The City Act and The Town and Village Act, 1952.

Like these two Acts, The Municipal District Act, 1954, brings under one Act nearly all the statute law relating to municipal districts either directly or by reference to another Act having effect in municipal districts. In many cases where a matter was not provided for in The Municipal District Act, provisions similar to those now in The Town and Village Act, 1952, have been introduced in this new Act. Uniformity where it is deemed desirable is thus achieved with that recent Act. No very great alteration of policy with respect to municipal districts is brought about by this new Bill.

Some examples of new sections are. given hereunder to illustrate the type of changes in sections made in this Bill, other than change of wording or structure.

Section 19 New. This provides for the appointment of an official administrator.

Section 28 (2)

Section 83 Clarifies the jurisdiction of the council of the municipal district. Provides for the holding of elections where no electoral divisions have been established.

Section 96 (1) Sections 110 and 111

Section 204

Section 209

Section 214

Section 220 ii December 31st instead of the fourth Monday in November for making pr.epara- tions for holding a nomination meetIng. Clarify the procedure in respect of ap pointment of enumerators. Establishes entitlement to vote on by-laws before the .completion of the first list of electors. The resolution setting a date for the holding of a vote on a by-law required to be passed thirty clear days prior to the date for holding the vote. This requires each voter at a vote held prior to the first list of electors to sign a solemn affirmation. Makes provision for the payment of costs incurred in the voting on a by-law.

Section 221 Provides a procedure for contesting the voting on a by-law. The Act is divided into Parts and Headings to make reference to the Act more convenient. There are ten Parts entitled:

PART I INTRODUCTORY

PART II FORMATION, ALTERATION AND DIS- SOLUTION OF DISTRICTS

PART III GENERAL GOVERNMENT AND AD- MINISTRATION

PART IV ELECTIONS

PART V VOTING ON BY-LAWS

PART VI POWERS AND DUTIES OF THE COUN- CIL

PART VII RATES AND TAXES

PART VIII FINANCE

PART IX LEGAL PROCEEDINGS

PART X GENERAL OFFENCES AND PENALTIES

PART XI MISCELLANEOUS This Bill is to come into force on the 1st day of July, 1954. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 12 of 1954

An Act respecting Municipal Districts (A88ented to , 1954) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

PART I INTRODUCTORY

Short Title 1. This Act may be cited as "The Municipal District Act,

Short title 1951/'.

Interpretation 2. In this Act, unless the context otherwise requires, t~i:c;.gre- (a) "Board" means the Board of Public Utility Com- "Board" missioners; ( b) "buildings and improvements" and "improvements" "buil~ing8 and Im- (

i) means all buildings or any part. of a building ~~~ve,r;r~~ts" and all structures erected upon, In, over, under provements" or affixed or attached to land, and (ii) includes all machinery, equipment and ap pliances that constitute an integral part of the building or other structure; (c) "conditional owner" means a person who is a pur- "conditional h owner" c aser, lessee, licensee, or permittee from the Government of Canada or from the Province of land or other property if the land or property is not exempt from assessment or taxation by reason of the provisions of The Assessment Act; (d) "council" means the coun.cil of a municipal district; "council" (e) "elector" means a person entitled to vote at an elec- "elector" tion or upon a by-law or at the taking of a vote whichever is the case, as set out in Parts IV and V; (I) "felony" means any indictable offence that is under "felony" the Criminal Code punishable with death or im prisonment for a period of five years or over; (g) "first election" means the election of councillors "first first held after the formation of a municipal district; election" (h) "first meeting" means the first meeting of the coun- "flrs~ " eiI of a m unici pal district after a first or general meetmg election;

"general election" "hamlet" "hawker" or "pedlar" "hospital" "indIgent person" "judge" "land" 2 (i) "general election" means that election under this Act, for which nominations are directed to be made upon the third Saturday of February in each year; (j) "hamlet" means (

i) an area of land subdivided into lots and blocks as a townsite, a plan of which is registered in a Land Titles Office, (ii) an area of land as defined by subclauses (

i) and (iii) of dause (

t) on which are erected im provements used for purposes other than farm ing purposes; (iii) an area declared by an order of the Minister to be a hamlet; (k) "hawker" or "pedlar" (

i) means a person who, whether as principal or agent, (

A) 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 and who has not a permanent place of business in the municipal district, or (

B) offers for sale to any person by means of exposed samples, patterns, cuts or blue prints, merchandise to be afterwards de livered in or shipped into the municipal district, or (

c) sells merchandise on the streets or roads or elsewhere than at a building that is his per manent place of business, (ii) does not include a person selling (

A) meat, fruit or other farm produce that has been produced, raised or grown by himself, or (

B) fish of his own catching; (l) "hospital" means a hospital approved by the Min ister of Health under the provisions of The Hospitals Act; (m) "indigent person" means a person who is actually destitute of means from his own resources of obtain ing food, clothing, shelter, medical advice or atten tion and hospital care necessary for the immediate wants of himself and his dependants; (n) "judge" means a judge of the District Court having jurisdiction in the judicial district within which the municipal district is wholly or mainly situated; (0) "land" (

i) means lands, tenements and hereditaments and any estate or interest therein 7 and

3 (ii) without restricting the generality of subclause (i), includes growing timber, (iii) does not include minerals; (p) "local authority" means "local authority" (

i) the council of a .city, town, village, county or municipal district, and (ii) with respect to an improvement district or a transient person the Minister of Public Wel faTe, and (iii) with respect to a special area the Minister of Municipal Affairs; (q) "Minister" means the Minister of Municipal Affairs; "Minister" (r) "municipality" means a city, town, village, county, "m~m~?l municipal district, improvement district or special pahty area; (s) "owner" means "owner" (

i) in the .case of land the person who is registered under The Land Titles Act as the owner of the land, or (ii) in the case of property other than land the person who is in legal possession thereof; (t) "parcel" means "parcel" (u) (v) (w) (x) (

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

A) included in one grazing or timber lease, licence or permit from the Government of Canada or the Province, or (

B) forming part of a railway, irrigation or drainage Tight of way; "person" includes a partnership or corporation; "person" "poll" means a polling place; "poll" "prescribed" means prescribed by the Minister of "prescribed" Municipal Affairs; "proprietary elector" means (

i) a person (

A) who is a ·resident of the municipal district, and entitled to vote at an election under this Act, and "proprietary elector"

"pure haler" "Registrar" "special election" "timber licensee" "transient trader" Extenaion or date 4 (

B) whose name appears on the assessment roll in respect of land liable to assessment and taxation, (ii) a person (

A) who is not a resident of the municipal district, but who is entitled to vote at an election under this Act, and (

B) whose name appears on the assessment roll in respect of land liable to assessment and taxation; (y) "pu~chaser" means a person who has purchased or otherwise acquired land within the district whether he has purchased or otherwise acquired the land directly from the owner thereof or from another purchaser, and who has not become the owner thereof; (z) "Registrar" means a Registrar in charge of a Land Titles Offi.ce; (aa) "special election" means an election of a councillor or councillors other than a general or first election; (bb) "timber licensee" includes (

i) a holder of a licence of a timbe-r berth or of a permit to cut timber from the Government of I Canada or from the Province, or (ii) a person having an agreement with the Govern ment of Canada or with the Province that con fers a right to cut timber; (cc) "transient trader" (

i) means a person who does not ordinarily main tain within the municipal district a permanent place of business and who is not liable for a business tax in respect thereof, and who, either as a principal or as an agent, (

A) buys or offers to buy directly from the pro ducer thereof any merchandise, Or (

B) sells or offers to sell to the consumer 'any merchandise except (

I) agricultural products raised, grown or produced by him, or (II) fish of his own catching, (ii) 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. Implied Provisions 3. 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

5 proceedings had or taken, then notwithstanding anything herein contained, if delay is occasioned or an extension of time is allowed in respect of the earlier date, a like delay or extension of time shall be allowed in respect of the later date. 4. Whenever under this A,ct an election is to be held or a When poll question is to be submitted, or some other thing is to be done ~:::.;ces at the time of a general or other election, and it becomes unne.cessary to take a poll thereat, then the first mentioned election shall be held or question submitted, or other thing done at the time at which the poll would have been held if necessary. 5.

(1) If a thing to be done within a number of days or Fixing of at a time fixed by or under this Act cannot be or is not so ~i~:rent done, the Minister, by order, 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, whichever is the case.

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

Where power to make by-laws, regulations, rules or Power to orders is conferred, it includes the power to alter or revoke ~~:re and the same from time to time except by-laws that have been by-laws, etc. made for the purpose of raising money, making assessments or striking rates. Name and Number of District 8.

(1) The name of the body corporate shall be "The Name and M .. I D' t . t f ( . th ) N " number of UnlClpa IS riC 0 nam~ng e same, 0.............. district

(2) The Minister from time to time, may alter the name Alteration b f '.. I d' t . t 'th f h' of name or or num er 0 any munlClpa IS rIC ,el er 0 IS own mo- number tion or, upon the petition of a majority of the council.

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

(4) The seal heretofore used by the municipal district District continues to be the seal thereof until changed by the council. seal

(5) No such change of name or number affects any obligation, right, a,ction or property incurred, established, done or acquired before the change of name or number.

omce Division of Act 6 Office 9. A municipal district shall have an office at a place selected by the council. Division of Act 10. For convenience of reference only this Act is divided into Parts and classified under the following headings: P ART

SECTION I INTRODUCTORY ............ .......... ............. 1- 10

Short title ........... ............ ............ 1

Interpretation . .. ............................................ 2 Implied provisions ......... .............................. 3- 7 Name and Number of District .................... 8 Office ............ ... .... . .... ............................... 9 Division of Act. .... ......................................... 10 II FORMATION, ALTERATION AND DIS- SOLUTION OF DISTRICTS ........................ .. Formation of District ................................ .. Official Administrator ................................. . Municipal Committee ................................... .

Alteration in Boundaries of District ........... . Dissolution of District ......................... . III GENERAL GOVERNMENT AND 11- 26 11- 18 19 20- 21 22- 25 26 ADMINISTRATION ........................................ 27- 82 Incorporation of Municipal Districts ........ 27 DIVISION A-THE COUNCIL '" ...................... .. Jurisdiction and Membership .................... .. Terms of Office of Councillors ................... . Reeve ............................................................. . Duties of Reeve ............................................. . Meetings and Proceedings of Council ......... .

Committees .................................................. . Public Meeting ............................................. . Payments to Councillors ............................... . Resignations, Vacancies, Forfeiture of Seat Appointed Councillors ................................. . DIVISION B-OFFICIALS AND EMPLOyEES ....... . Secretary- Treasurer ..................................... . Assessor ........ . ....................................... . Auditor ...... . ......................................... . Constables ................................................. .

Solicitor ......................................................... . Other Offi·cials ............................................... . General Provisions Relating to Officials and Employees ................................................. . Superannuation or Gratuities ..................... . 28- 58 28- 30 31- 35 36- 37 38 39- 52 53 54 55 56- 57 58 59- 82 59- 63 64- 65 66- 69 70- 71 72 73 74- 81 82

PART IV ELECTIONS

SECTION 83-202 83 84 85- 87 88- 92 Electio.n by General Vo.te ............ .. .. Electio.n by Electo.ral Divisio.ns ................... . Qualificatio.n o.f Co.uncillo.rs ...................... .. Qualificatio.n of Voters .............................. ..

Preparatio.n for No.minatio.n Meeting at First Electio.n ............................... . 93- 95 Preparatio.n fo.r No.minatio.n Meeting at General Electio.n ........................................ 96- 99 Preparatio.n fo.r N o.minatio.n Meeting at Special Electio.n .......................................... 100-101 Annual Meeting and Nominatio.n Meeting 102-109 List o.f Electo.rs .............................................. 110-120 Enumeratio.n ........................................ 110-114 Preparatio.n o.f List o.f Electo.rs ............. 115-119 Revisio.n o.f List o.f Electo.rs .................... 120 Pro.cedure Preliminary to.

Ho.lding a Po.ll. 121-135 Oath o.f Electio.n Officials ............................ 136 Poll at Electio.ns ............................................ 137-160 Pro.ceedings After CIo.se o.f Po.ll .................. 161-173 Co.unt by Returning Officer ........ ................. 174-177 DisPo.sal o.f Electio.n Material .......... 178-183 Reco.unt by Judge ....................................... 184-189 General Pro.visio.ns ........................................ 190-194 Electio.n Offences and Penalties .......... 195-202 V VOTIN'G ON BY-LAWS .................................. 203-221 Qualification o.f Electo.rs o.n By-laws ........ 203-206 Pro.cedure Preliminary to.

Ho.lding a Vo.te o.n By-laws ...................................................... 207-211 Proceedings at Po.ll fo.r Voting o.n By-laws 212-219 General Pro.visio.ns ........................................ 220-221 VI POWERS AND DUTIES OF THE COUNCIL 222-329 General Pro.visio.ns as to.

By-laws ................ 222-230 Infractio.n o.f By-laws .................................... 231-233 Highways and Public Works . ............... 234-245 Co.ntro.I o.f Highways ................................ 234-235 Temporary Ro.ads ............................ 236 Private Ro.ads ............................................ 237 Co.nstructio.n of Highways ...................... 238-239 Maintenance o.f Highways ...................... 240-245 Snow Fences .................................. .............. 246 CIo.sing o.f Highways .................................... 247 Acquisitio.n o.f Land, Buildings and Ma.chinery ...............

" . ... ........ .. ...... . ....... .. ... 248-269 Acquisition o.f Land and Buildings ........ 248-251 Acquisitio.n o.f Machinery ........................ 252 Co.-o.peratio.n with Other Municipalities.. 253 Expropriatio.n of Land ............................ 254-267 Acquisitio.n o.f Land by Gift .................... 268 DisPo.sal o.f Lands ...................................... 269

8 P ART

SECTION Drainage Ditches ..................................... ..270 Control of Vehicles and Highway Traffic .... 271-273 Protection to Person and Property ............ 274-286 Fire Protection ,.......... ... . . . . . . . . . . . . . . . . . . . . . . . . . 274 Destruction of Pests ................................ 275-280 Noxious Weeds .......................................... 281-285 General By-laws Relating to Protection to Person and Property ........................ 286 Public Health ....... .. . . .. .... ...... .. .......... ..... ..... ... 287 -295 Infectious Disease, Nurses, Physicians... 287 Medical, Nursing or Clinical Care ............ 288-289 Hospitals .................................................... 290-291 Hospitalization Agreements ........... 292-293 Indigent Persons .......... , .. .. .... .. .. . . . 294 Grants .......................................... 295 Water, Gas, Electricity ............................... 296-298 Seed Grain, Fodder and Other Commodities .............................................. 299-319 By-laws and Tax Expenditure for Hamlets 320 Licences .......................................................... 321-325 Miscellaneous By-laws .................................. 326 Municipal Forms .......................................... 327 Bonuses and Exemptions .............................. 328 Expenditure on Public Works ........ ............. 329 VII RATES AND TAXES .................................. 330-375 Tax Year ........................................................ 330 Estimates and Levies .......................... c ........ 331-336 School Requisitions ............................ , ...

"':.' 337 -338 Municipal Hospital Requisitions ................ 339-340 Minimum Taxes .............................................. 341-344 Taxes on Transient Traders ........................ 345 Dog Tax .................... .................................... 346 Tax Collection ................................................ 347-353 Recovery of Taxes by Suit or Distress ........ 354-368 Payment of Taxes by Tenant or Purchaser 369-370 Tax Lien on Crops .................................. 371-372 Compromise and Remission of Taxes. 373-375 VIII FINANCE .......................................................... 376-40& General Revenue Deposit ....... ,...................... 376 Temporary Loans ............. , .. : ......................... 377-380 Money By-laws-General ............................ 381-383 Debenture By-laws ........................................ 384-390 Submission of Debenture By-laws to Board of Public Utility Commissioners ....... 391-393 Issue of Debentures .................. ............ ...... 394-398 Repayment of Debentures ....... 399-401 Debenture Register . .... 402-403 Reserve Funds .. .. .... ........... ....... . 404-405 IX LEGAL PROCEEDINGS ......................... 406-412 Actions By and Against Municipal Districts 406-408

9 PART

SECTION Quashing By-laws and Resolutions ............ 409-410 Executions Against Municipal Districts .... 411-412 X GENE,RAL OFFENCES AND PENALTIES 413-424 Offell:ces by Councillors .................... 413-415 Offences by Officials .................. ....... .... 416-420 Miscellaneous Offences 421-424 XI MISCELLANEOUS ............................... . District Highways. Repeal ......................................................... . Coming into Force PART n 425-427 425 426 427 FORMATION, ALTERATION AND DISSOLUTION OF DISTRICTS Formation of District 11.

Municipal districts lawfully organized or formed Continu before the passing of this Act continue to be municipal ~~~1crJal districts. district 12.

(1) The Minister shall prepare a map of the Map of Province on which shall be outlined the boundaries of all ID.~~\~~al m unici pal districts.

(2) The map shall be filed in the Department of Municipal Affairs and open to inspection at all reasonable hours. 13.

(1) When a municipal district is wholly or in part Boundaries described in the order forming the district as comprising certain townships, parts of townships or sections in ac cordance with the system of Alberta Land Survey, the boundary lines of the municipal district, unless otherwise expressly set out in the order, are the posted side of the road allowance between adj oining sections or townships except in the case of correction lines, where the south side of the road is the boundary.

(2) A road allowance bet~e~n leidt?etr. atn hlndlliabn dreservde ~l~~!ance or a forest reserve and a municipa IS rIC s a e eeme to be in the municipal district, notwithstanding anything herein to the contrary. 14. The Minister by written order may form into a Formation . . f th P . th t . t' of municipal municipal dIstrIct any

part 0 e rOVlnce a IS no In- district cluded in a city, town or village and may do so either of his own motion or upon receipt of a petition.

Pet1ition to form munici pal district Order form ing munici pal district Publication of order Publication conclusive evidence Appoint ment of official adminis trator Powers and duties of official adminis trator 10 15.

(1) The petition referred to in

section 14 (

a) shall be in the prescribed form, (

b) shall be signed in respect of each towns~ip within that portion of the Province by at least SIX p~~sons who have been resident in and owners, condItIonal owners or purchasers of land in the township for the two months immediately before the date of the petition, (

c) shall be accompanied by a plan showing the pro posed boundaries of the district.

(2) Every signature shall be attested by a person en titled to sign the petition. 16. The written order of the Minister referred to in sec tion 14 shall contain (

a) an accurate description of the district, the content of which may be either that of the proposed district or such content changed either by exclusion or in clusion as seems proper to the Minister, (

b) an accurate description of the electoral divisions as determined by the Minister, (

c) the date upon which the order is to become effective, (

d) a statement of the day upon which the nomination of members of the council is to take place, (

e) a statement of the name and number of the district. 17. Every order shall be published in The Alberta Gazette and becomes effective upon the date named therein, or in the absence of a date, upon the date of its publica tion. 18. The publication of the order is conclusive evidence of the legal formation of the district and of the fulfilment of all conditions precedent thereto. Official Administrator 19.

(1) Immediately upon signing the order forming a municipal district, the Minister, by order, shall appoint an official administrator who shall initiate and complete the arrangements for the first election of councillors of the municipal district as set out in

Part IV.

(2) The official administrator appointed pursuant to subsection (1) has the powers and duties of a council of the muni~ipal district until such time as the first council of the municipal district is sworn into office at the first meet ing of the council of the newly formed municipal district.

11 Municipal Committee 20.

(1) The Minister shall appoint five of the petitioners, Muni<;itptal h th h b t ·t· fi camml ee or were ere as een no pe I Ion ve persons, to be known members as the municipal committee, who shall assist the official administrator in an advisory capacity in the performance of his duties respecting the appointment of election officials and the selection of polls.

(2) If a member of the muni,cipal committee Substitute member (

a) dies or leaves the municipal district before the com- pletion of the duties of the municipal committee pur suant to subsection (1), or (

b) refuses or is unable to act, the official administrator may appoint another person in his place.

(3) The Minister at any time may dismiss any member Dismissal or members of the municipal committee and appoint an- Z~~ciPal other or others in his or their place. committee 21.

(1) Each member of the municipal committee is en- Expenses titled to be paid (

a) the necessary expenses incurred in attending to matters affecting 'the appointment of election of ficials and the selection of polls, and (

b) eight dollars per diem for each day during which the member is necessarily engaged in attending to such matters.

(2) Notwithstanding the provisions of clause (

e) of

section 86, in the event that any money of the municipal district remains to be paid to a member of the municipal committee pursuant to the provisions of subsection (1), the entitlement to the money from or the payment of the money by the municipal district does not affect the eligibility of the member to be elected a member of the council or to sit or vote therein. Alteration in Boundaries o·f District 22.

(1) After the formation of a municipal district, the Order • • altermg Mlnlster, by order, boundaries (

a) may alter the area thereof by exclusion of any part thereof and also by inclusion therein of any part of the Province that is not included in a city, town or village, (

b) may include any excluded

part in an improvement district or other m unici pal district, (

c) may establish electoral divisions and define their areas, (

d) may alter in any way the area of any division in any municipal district, (

e) may change the number of electoral divisions

Publication of order Publication conclusive evidence Rights and liabilities of new district 12 (

i) by combining any two or more divisions, or (ii) by adding a portion of a division to another division or divisions, (

I) may declare that the ter~ of offic~ ?f. any member of the council representIng a dIVISIon that has been merged with anot.her division or divisions shall be deemed to have expired, (

g) may state the date upon which the order is to become effective.

(2) The order shall be published in The Alberta Gazette and shall become effective upon the date set out in the order, or in the absence of a date upon the date of its publication.

(3) The publication of the order is conclusive evidence of the fulfilment of all conditions precedent thereto. 23.

(1) When a municipal district or an improvement district, or any part of either, each of which is her{linafter referred to as "the old district", is included in a municipal district or improvement district, each of which is herein after referred to as Uthe new district", either at the time of its forlnation or after its formation, the property, rights and liabilities of the old district, including all taxes then due, pass to the new district. ~:t~~~~~ns

(2) All questions arising over the division or appor re division tionment of the property, rights and liabilities of the old district or otherwise, unless other provision for the settle ment or adjudication of the same has been made in this or any other Act~ shall be decided finally and without appeal by the Minister, and the Minister may give such orders Tax Reoov ery Aot governs Rights of debenture holders Merger of districts and directions as are necessary to give effect to his decisions.

(3) This

section is subject to the provisions of The Tax Recovery Act relating to the transfer of land from one municipality to another.

(4) Nothing in this

section in any way prejudices the rights of debenture holders. 24.

(1) The Minister, by order, may direct that any or any part or parts of municipal districts or improvement districts be merged into one municipal district and assign theretq. a name and number, and thereupon the then exist ing councils of each entirely included municipal district are dissolved.

(2) When only a part of a municipal district is included in the new district the order may direct (

a) that the council of the old district retain its identity and control respecting the part of the old dif'ltrict not included in the new district, or (

b) that the council of the old district be dissolved and that the part of the old district not included in the new district be treated in the manner provided by subsection ( 5) .

13 (3) ~The affairs of each old municipal district and im- Councils provement district included in whole or in

part in the new district, as to the area included therein, shall be admin istered by one council consisting of such number of persons elected or appointed in such manner as the Minister may prescribe, and the council so elected or appointed is the council for the new district.

(4) An order made by the Minister pursuant to this Order merg-

section shall contain ing districts (

a) an accurate description of the district, (

b) an accurate description of the electoral divisions as determined by the Minister, (

c) the date upon which the order is to become---effective, (

d) directions as to the preparation of a list of electors for the new district and as to any other matter or thing requisite for the proper carrying on of an election, (

e) a statement of the day upon which the nomination of members of the council is to take place.

(5) An order made by the Minister pursuant to this

section may add to a municipal district or an improvement district any portion of a municipal district or improvement district that is not included in the new district and that formed part of a district partly included in the new district.

(6) All of the provisions of this Act relating to a first )irSt~ . election, except as otherwise varied by this section, apply to ~ee; ld~sl:tct the first election in the new district. 25.

(1) No misnomer, misdescription or omission in an M~snomer, order forming a municipal district or altering its area, or ti~~~e:t~~~ that of any electoral division thereof, in any way suspends in order or impairs the operation of this Act with respect to the matter misnamed, misdescribed or omitted.

(2) Any misnomer, misdescription, omission or other Correcting error in such order may be corrected by a subsequent order order and the order so corrected may be confirmed by the Minister as of the date of the original order. Disso,lution of District 2S· d (1 1 ) The Lieutenan~ ~ovlerdl}0tr .int Cbound~il, bl Y dorderd' ~i~~~rving may ec are that a munlclpa IS rIce IS so ve an district thereupon the council of that municipal district shall cease to exercise any of the rights, powers or privileges vested in a municipal district by this Act.

(2) The order shall make provision for the inclusion Inclusion in some improvement district or districts or other municipal ~~st~~~:r district or districts of the area that has ceased to be a municipal district.

14 Disposition

(3) Upon such dissolution of a municipal district the of assets and liabilities of Minister may appoint one or more persons to adjust and gt:~~lcled settle the assets and liabilities thereof and he or they, Assesl!lment to cover liabilities Publication of order subject to the approval of the Minister, may sell or other wise dispose of all the assets and property of the district and a.pply the same or the proceeds of the sale thereof, first in payment of the liabilities of the municipal district and secondly in payment of his or their remuneration as fixed by the Minister, and the Minister shall cause the surplus, if any, to be expended within the area of the dis- solved municipal district.

(4) If the assets of the municipal district are insufficient to satisfy its liabilities, including therein the remuneration fixed by the Minister, then such person or persons may impose a tax and with a view thereto may make an assess ment of property and strike such rates of taxation as are necessary to satisfy all the liabilities and all expenses con nected with the assessment.

(5) The tax (

a) falls upon the same property, (

b) shall be collected, (

c) has the same priority, and (

d) shall be enforced as if it were an ordinary municipal tax imposed by the council under the provisions of this Act.

(6) Every order made under this

section shall be pub- lished in The Alberta Gazette and becomes effective upon the date named in the order or in the absence of a date upon the date of the publication of the order in The Alberta Gazette.

PART III GENERAL GOVERNMENT AND ADMINISTRATION Incorpo:ratio'D of Municipal Districts ;t~~~i~~-body 27. ( 1 ) The reeve, councillors and electors of every corporate municipal district in the Province now or hereafter created, establis~ed or formed ~on~i!l~e to be or are a body corporate and subject to all the lIabIlIties of a corporation. Powers and duties of body corporate

(2) The body corporate (

a) may acquire, hold and alienate both real and per sonal property for all municipal pur,pos.es, and (

b) has 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 whatsoever, and

15 (

d) shall have a common seal and may alter and modify the same at pleasure, and (

e) is capable of receiving by donation and acquiring holding, disposing of and conveying any property: real or personal, for any purpose within its cor porate powers, and <

f) is capable of becoming a party to any contracts or agreements within the powers of a municipal district, and (

g) is capable of acting by the council.

(3) The council may exercise all powers vested in the body corporate by this Act Or otherwise. DIVISION A-THE COUNCIL Jurisdiction and Membership 28.

(1) The council of a municipal district is a con- Council tinuing body, notwithstanding any general or other election. ~~~vnUing

(2) The jurisdiction of the council is confined to the Jurisdiction limits of the municipal district and to property outside the of council municipal district belonging to or under the control of the municipal district, except where further jurisdiction beyond the municipal district is expressly given to the council by this or any other Act. 29.

(1) The council of a municipal district shall consist ~umb'1fo of of such number of councillors as the Minister by order may c unCI rs direct.

(2) The members of the council shall be elected in the manner set out in

Part IV. 30.

(1) Every member of the council, before entering Oath of upon the duties of his office, shall make and subscribe the office official oath, solemn affirmation or declaration prescribed by The Oaths of Office Act.

(2) In the case of councillors elected at a first election, the oath, solemn affirmation or declaration shall be handed to the returning officer at the first meeting of the council to be afterwards deposited by him with the secretary treasurer. Terms of Office of Councillo,rs 31.

(1) In the case of a first election, in order to Determining determine the terms of office of the sucessful candidates, ~%.:s of the Minister, by order, shall fix the number of slips to be first drawn and the number to be next drawn, pursuant to subsection (2), for the purpose of determining the three year term and the two ye'ar term respectively.

Counclllors to fill vacancies Term of office of councillor filling vacancy 16

(2) At the first meeting of the council (

a) the returning officer shall write the names of the successful candidates upon slips of paper and place them in a receptacle and the reeve shall draw the slips one· at a time from the receptacle) (

b) the candidates whose names appe~r upon the num ber of slips first drawn, as fixed In the order may hold office from the date of election until the third day of April in the third year following the election, (

c) the candidates whose names appear upon the num ber of slips next drawn, as fixed in the order, may hold office from the date of election until the third day of April in the second year following the election, (

d) the candidates whose names appear upon the re maining slips so drawn may hold office from the date of the election until the third day of April in the next year following the election.

(3) If the first meeting of the council after a general election follows a first election is held upon a day subsequent to the. third day of April, then subsection (2) relating to tenure of office shall be read as if the subsequent day were mentioned therein instead of the third day of April. 32. At every general election held after the first election a sufficient number of councillors shall be elected annually to fill the vacancies that have occurred on the council through effluxion of time and they may hold office for three years commencing with the third day of April. 33.

A councillor elected to fill a vacancy caused other wise than by efflluxion of time may hold office for the same period as his predecessor could have held office if the pre decessor had continued to be a rnember of the council. iJ!:ling of 34. If the first meeting of the council after a general ~~~~;!~ent election is held upon a day subsequent to the third day of to April 3rd April then the provisions of

section 32 relating to tenure Electoral divisions of office shall be read as if the subsequent day were men tioned therein instead of the third day of April. 35.

(1) When in any municipal district no electoral divisions have been established and the council has been elected by general vote, the Minister, by order, may estab lish electoral divisions and in the order may fix the number of divisions, and the terms of offi·ce of all the then coun cillors expire at a date prescribed by the order.

(2) The order shall set out (

a) the dates for receiving nominations and for hold ing an election, if required, and (

b) directions as to any other matter or thing requisite for the proper carrying on of an election.

(3) The provisions of

section 31 apply with the neces sary changes to every first election after an order changing the method of election under the provisions of this section. Reeve 36.

(1) The council, .at its first meeting in each year, Election shall elect from 'among Its number a chairman who shall of reeve be known as the reeve.

(2) In the case of a first election, the reeve elected im- Term of mediately after a first election may hold office from the date ~:~: of of his election until the third day of April in the next year following his election and every other reeve may hold office for one year. 37.

(1) The council, at its first meeting in each year Deputy and also six months thereafter, shall elect one of its num- reeve ber as deputy reeve.

(2) In case the reeve, through illness, absence or other Powers and cause, is unable to perform the duties of his office, or in ~~~~~y of case the office of reeve is vacant, the deputy reeve has all reeve the powers and shall perform all the duties of the reeve during his inability or while the office is vacant. Duties of Reeve 38. The reeve is, the chief executive officer of the munici- ~~~:s of pal district and (

a) shall cause the laws governing the municipal dis trict to be duly executed, (

b) shall inspect the conduct of all municipal officers, (

c) shall so far as is in his power, cause all negligence, carelessness and violation of duty to be duly prose cuted and punished, and (

d) shall communicate from time to time to the council all such information and recommend such measures as tend to the betterment of the finances, health, security, cleanliness, comfort, ornamentation and prosperity of the municipal district, (

e) is ex officio a member of all committees appointed by the council. Meetings and Pro.ceedings of Co'uncil 39.

(1) The first meeting of the council after a general First council . f A '1 t th 1 meeting election shall be held on the thIrd day 0 Pfl a e pace and hour fixed fDr regular meetings, if any, and if 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 at the hour of two o'clock at a place to be fixed by the returning officer.

Notice of meeting Regular meetings Meetings to be held openly Improper conduct at meeting Preser vation of order at meeting Chairman Quorum Validity of proceedIngs Rules and regulations 18

(2) When the third day of April is a Sunday or other holiday the meetings shall be held at the same time on the ne~t subsequent day that is not a Sunday or other holiday.

(3) The secretary-treasurer. or th~ returni!lg officer, whichever is the case, shall gIve wrItten notIce of the meeting to each councillor (

a) by mailing the notice to the councillor's address at least six clear days before the date of the meeting, or (

b) by personally delivering the notice to the coun cillor, or in the absence of the councillor from his residence, to any adult person thereat, at least three clear days before the date of the meeting. 40. The council, at any meeting at which all the members of the council are present, may decide by resolution to hold regular meetings of the council and the resolution shall state the day, hour and place of every meeting and a notice of any such meeting is unnecessary thereafter. 41.

(1) The council shall hold its ordinary meetings openly and no person shall be excluded except for improper conduct.

(2) The person presiding at a meeting may cause a person who has been guilty of improper conduct at the meeting to be expelled and excluded. 42.

(1) The reeve, or in his absence the deputy reeve, shall preside at every 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 any meeting of the council does not attend within fifteen minutes after the hour appointed for the meeting, another member of the council shall be elected as chairman to preside at the meeting in the absence of the person who ought to preside. 43.

(1) A majority of the whole council constitutes a quorum.

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

(3) The proceedings of the council or of any committee thereof are not invalidated by a vacancy among its members or by any defect in the appointment or election of or by any disqualification of a member thereof. 44. The council may make rules and regulations for calling meetings, governing its proceedings, governing the conduct of its members, appointing committees and gen erally for the transaction of its business.

19 45. Every question shall be submitted to the council on Submission th t · f th b . of question e mo IOn 0 e reeve or a mem er of the councIl and no to council seconder shall be required. 46. The reeve or other offi'cer presiding at a meeting of ~oting the council may vote with the other members on all questions r ghts except where he is disqualified to vote by reason of interest or otherwise. 47. A question upon which there is an equality of votes Equality of shall ,be deemed to be decided in the negative. votes 48.

When a division that requires the recording of names Division of voting for or against a question is called, the reeve, if votes present, and all the councillors present shall vote on the division, unless excused by resolution of the council or unless disqualified from voting by reason of interest or otherwise. 49.

(1) A special meeting of the 'council shall be speclrl called by the secretary-treasurer when he is required in mee ng writing to do so by the reeve or by three members of the council.

(2) Written notice of a spe,cial meeting stating the time Notice of and place, when and where the meeting is to be held and in ~:;l~~ general terms stating the nature of the business to be trans- acted thereat shall be given by the secretary-treasurer in the manner provided by

section 39.

(3) No business other than that stated in the notice shall :tU~~:si~l be transacted at a special meeting of the council unless all meetin~ the members of the council are present, in which case by unanimous consent any other business may be transacted.

(4) If all members of the council are present the ~ouncil by unanimous consent may waive notice of any meeting and may hold a meeting at any time. 50.

(1) A meeting of the council shall be held either ~:;t1n~f in the municipal district or in a city, town or village, the area of which lies within or touches at some point the limits of the municipal district.

(2) By the unanimous .consent of the council, to be ex- ~~~~i~: of pressed by resolution passed prior to holding any such out- side meeting, a meeting may be held at a point outside the limits of the municipal district. '1 b I 'd f b Publishing 51.

(1) The counCI, by y- aw, may prOVI e, O! p~ - minutes of lishing the minutes of its meetings and for publIshIng In- meeting formation concerning other municipal subjects an~ fO.r that purpose may cause circulars to be prepared a~~ dlstr.lbu~ed to all resident proprietary electors of the munIcIpal dIstrIct.

(2) Where in a municipal district there is in circulation one or more weekly newspapers, the council by by-law, may

School division represent ative Municipal represent ative at meetings of school division trustees Powers of committees Civil defence committee 20 provide for the publication of the matters ref~rr~d t~ in sub section (1) in that newsp8;per, and fo~ the dIstrIbutIOn of a copy thereof to each resIdent proprIetary elector of the municipal district.

(3) Any expense incurred pursuant to subsections (1) or (2) shall be defrayed out of the general revenue of the municipal district, 52.

(1) A person appointed pursuant to clause. (

d) of

section 186 of The School Act, 1952, as a representabv~ of a school division that is included wholly or in

part in a municipal district, (

a) may attend meetings of the council of the municipal district and take

part in all discussions pertaining to school matters, (

b) shall not have voting privileges on the council, and (

c) shall not receive remuneration from the council.

(2) The council, annually as soon as practicable after a first or general election, by resolution, shall appoint a mem ber of the council to represent the municipal district at meet ings of the board of trustees of each school division that is in whole or in part within the boundaries of the municipal district, and by the same resolution, may appoint another member of the council who may represent the municipal district as aforesaid if the first named member is unable to attend.

(3) If an administrator has been appointed in the place of the council under any of the provisions of The Department of Municipal Affairs Act, the administrator shall represent the municipal district at meetings of the board of trustees of any school division, and if the administrator is unable to attend any such meeting he may appoint the secretary treasurer to attend the meeting in his stead. Cc;,mmittees 53.

(1) The council, from time to time, may appoint standing or special committees consisting of one or more of its members and may delegate to the committees (

a) any matter for consideration, inquiry, ma"nagement or regulation, and (

b) any of the duties and powers by this Act imposed and conferred upon the council, except the powers (

i) to borrow money, (ii) to pass a by-law, or (iii) to enter into a contract.

(2) A committee to which a duty or power is delegated pursuant to subsection (1) may exercise or perform the duty or power in like manner and with the same effect as the council. (3) ~ach year the council, at its first meeting pursuant to subsectIOn (1) of

section 39, shall appoint a 'civil defence committee consisting of a minimum of three members with at least one member being a member of the council.

21 Public Meeting 54.

(1) If so requested at any time by the written peti- Petition tor t · f t t . t I public IO~ 0 We? y proprIe ary. e ectors the reeve, by public meeting notIce ~onspIcuoUS~~ post~d Il!- at least ten widely separated places In the munIcIpal dIstrIct, shall call a public meeting of the electors of the district 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 for the meeting named in the notice shall Dat~ ot be not more than thirty days from the date of receipt of ~~~Wilg the petition . .

(3) The noti,ces shall be posted at least seven clear days prIOr to the date of the meeting named in the notice. Payments to Councillors 55.

(1) The council may pass a resolution for paying the Paym~nt to members of the council a sum not exceeding ten dollars per councIllors diem for each councillor attending each meeting of the council and not exceeding twelve cents for every mile neces- sarily travelled in coming to and returning from meetings of the council.

(2) No payment shall be made to any person in respect ~!~~e~~ of more than twelve meetings in anyone year. (.3) If a meeting of the council is held outside the limits Meeting of the municipal district no member of the council shall be ~J~\~rpal paid for the mileage travelled by him beyond the limits of district the municipal district.

(4) The council may pass a resolu~ilon fort ~aYtinhg dt?e ~~:~~~~alto reeve ten dollars for each day necessarI y spen In e IS- reeve charge of his duties as reeve, other than attendance at council meetings, and not exceeding twelve cents for every mile necessarily travelled in the discharge of his duties as reeve. (5 ) No payment shall be made under the provisions of subsection (4) in respect of more than twelve days in any one year.

(6) A council may pass a r~solution for paying the.lmefm- ~oaJ~~~r;r8to bers thereof a sum not exceedIng twelve cents per mI e or for inspec every mile necessarily travelled in, and a sum not exceeding tion work ten dollars per day for the time necessarily occupied in, laying out or inspecting work performed or to be performed for the benefit of the municipal district.

(7) No payment shall be made under the provisions of subsection (6) (

a) for more than fifteen days in anyone year, in re spect of a municipal district that is not greater than fifteen full townships in area, nor (

b) for more than thirty days in anyone year, in respect of a muni,cipal district that is greater than fifteen full townships in area,

Special report Appoint ment of inspector Payment of committee members Payment to represent ative at school division meeting Resignation of reeve or councillor FllUng of vacancy Vacancy in position of reeve Special election to fill council vacancy 22

(8) The work so performe~ or to be perfo~ed shall. be duly authorized by a resolutIOn of the ~ounCl!, excepting where the work is of an urgent nature, In WhIch case the payment of the councillors' fees for laying out and inspecting the work shall be in the discretion of the council.

(9) A special report setting forth the work performed by the members of the council and the remuneration received therefor under the provisions of this

section shall be pre pared and submitted to the electors of the municipal district at the next nomination meeting and a copy of the report shall be mailed to the Minister.

(10) The council of a municipal district, in place of in specting and laying out work itself, may appoint a competent foreman or engineer to do so.

(11) The council may pass a resolution for paying the members of the council who are members of a committee appointed by resolution of the council to attend to matters affecting the muni,cipal district, the necessary expenses in curred in attending to such matters and a sum not exceeding ten dollars per diem for each day during which the member is necessarily engaged in attending to such matters.

(12) The council may pass a resolution for paying a member or members of the council who are appointed to represent the municipal district at a meeting or meetings of the board of trustees of a school division or school divisions, a sum not exceeding ten dollars per diem for each councillor for each such meeting and not exceeding twelve cents for every mile necessarily travelled in coming to and returning from such meeting.

(13) No payment pursuant to subsection (12) shall be made to any person in respect of more than twelve meetings in anyone year. Resignations, Vacancies, Forfeiture of Seat 56.

(1) A reeve or councillor may resign his seat in the council, and a reeve may resign his position as reeve while retaining his seat in the council by sending notice of his resignation in writing to the secretary-treasurer.

(2) Each resignation shall be brought to the attention of the council at the next meeting and action shall be taken im mediately by the coun,cil to fill the vacancy.

(3) If the position of reeve becomes vacant by death, resignation or otherwise, the council shall elect forthwith some person from among its number to fill the position of the unexpired portion of his year of office.

(4) If a seat in the council becomes vacant by death, resignation or otherwise, the council shall fix forthwith a nomination day and appoint a returning officer to hold a special election to fill the vacancy, unless the vacancy occurs

23 within the four calendar months immediately before the third Saturday of February 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 councillor has not then expired.

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

(6) In t~e e~ent of a special election being held, the references In thIS Act to the third Saturday in February and the second Saturday in March and to the fourth Satur day following nomination day, shall be construed to be referen~es to the day fixed for nominations as provided by subsectIOn (4), and the same day in the third following week and to the same day in the fourth following week re- s pecti vely. ' 57.

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

a) he is convicted of a felony, or (

b) he makes an assignment in bankruptcy for the gen eral benefit of his creditors or is adjudged a bank rupt, or (

c) he absents himself from the meetings of the council for three consecutive months without being author ized by a resolution of the council to do so, or (

d) he ceases to be a resident of the municipal district, or (

e) he becomes disqualified from sitting or voting in the council under the provisions of

section 86, or (/) he is convicted of signing an acceptance of a nomin ated person containing a false statement, or (

g) he is convicted of an offence under The Defence of Canada Regulations or is interned pursuant to those regulations, his seat in the council shall be vacated forthwith and the council shall forthwith declare his seat vacant.

(2) If an elector files an application for an order ousting Application a member of the council from offi.ce, accompanied by an ~~t~:er affidavit showing that the member ~~~~!r (

a) has forfeited his seat on the council or his right thereto, or (

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

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

d) has otherwise vacated his seat, and the elector pays into court the sum of twenty-~ve ~ol lars as security for costs to abide the event of the apphcatI?n, the judge on an ex parte application may direct that notice of the application be served upon the member.

Insufficient councillors Appoint ment of secretary treasurer Vacancy in office of secretary treasurer Notice ,to Minister Appoint ment of secretary treasurer disallowed Security of secretary treasurer Renewal of security 24 Appointed Councillors 58.

(1) If in a municipal district the number of coun cillors required by this Act is for any reason not nominated or elected, or by resignation or otherwise has been reduced to a number less than a quorum, the Minister may appoint some person or persons to fill the vacancies in the council or, for the purpose of filling such vacancies, may 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 this Act cannot be con veniently applied to the election the Minister may make other re.gulations respecting the time and conduct of and the procedure at or othe'rwise respecting the election. DIVISION B-OFFICIALS AND EMPLOYEES Secretary-Treasurer 59.

(1) A secretary-treasurer shall be appointed by by-law by every council at its first meeting after the forma tion of the municipal district, or so soon thereafter as is practicable.

(2) In the event of a va,cancy occurring in the office of secretary-treasurer, a successor shall be appointed as soon as is practicable.

(3) Whenever a secretary-treasurer is appointed, the Minister by prepaid registered mail shall be advised forth with of the appointment by the reeve.

(4) In the event of the Minister disallowing any such appointment, the reeve shall immediately call a special meeting of the council for the purpose of appointing another person as secretary-treasurer. 60.

(1) The secretary-treasurer of every municipal district, within one month after entering upon his duties, shall furnish security to the municipal district in an amount to be fixed by the council, by a bond or guarantee of any corporation empowered to grant bonds or policies for the integrity of persons occupying positions of trust.

(2) Every such security shall be renewed at the begin ning of each year or changed at other times whenever re newal or change is required by the council. rati!U~:c~ority

(3) The members of a council failing to take the security or renew it are jointly and severally liable for any default of the secretary-treasurer to the extent of the amounts for which security should have been taken. Demand tor security

(4) When the majority of the coun,cil refuse or neglect to take security from the secretary-treasurer, then on the de-

25 mand of a .council~or or joint demand of any councillors for such securIty, whIch shall be duly recorded in the minutes such councillor or councillors are relieved from all personai liability in case of the default of the secretary-treasurer.

(5) The security shall be in a form approved by the Form. of Minister and shall be transmitted forthwith to the Minister securIty for his inspection. 61. The secretary-treasurer Duties of secretary- (

a) shall keep a full and correct record in the English treasurer language of the proceedings of every meeting of the re: council in the minute book provided for that purpose and ensure that the minutes of each meeting are minutes confirmed at the next regular meeting of the council and signed by the reeve or other presiding officer, (

b) shall enter in the minutes of every meeting the minute book names of the members of the council present at the meeting and if required by the council, record the name of every member voting and whether a vote was "aye" or "nay" on any question coming before the council, (

c) shall conduct the correspondence of the council as corrdes- d· t d b 't pon ence Irec e y I , (

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

e) shall take charge of and keep on record all original records by-laws 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 suc.cessor or such other person as the council may direct on his ceasing to hold office, (

f) shall faithfully prepare and duly transmit to the ~t~::S;;tiS Minister such st~tements and repor~s. and. su~h ~r~~\~rto other information In regard to the munICIpal dIstrIct as may from time to time be required by the Minister and in such form as the Minister directs, (

g) shall call special or other meetings of the council ~~~\~gS in the manner provided by this Act, (

h) shall advise the secretary-treasurer of the board of re~or~ ,to trustees of a school division as soon as practicable of ~Iv~~on the names of the members of the council a ppointed ~~~~~ pursuant to subsection (2) of

section 52 to repre- sent the municipal district at board meetings, (

i) shall advise the councillor or councillors appointed ~~~~~\1:gr8 to attend the meetings of the board of trustees of a school division of the date, place and time of each

report re council meetings inspection by inspector repor.t to Minister of names of councillors, etc. report to Minister of Education certification to school secretaries collection of moneys deposit in bank submission of accounts to council payment of accounts 26 'Such meeting and of the matters to be dealt with at any such meeting, (

j) shall advise the secretary-treasurer of the board of trustees of a school division situate in whole or in part within the boundaries of the municipal dis trict, and the representative of any such board ap pointed pursuant to clause (

d) of

section 186 of The School Act, 1952, of the date, time and place of all meetings of the council and of the matters to be dealt with at any such meeting, and shall for ward to the secretary-treasurer of the board of trustees of a school division a copy of the minutes of meetings of the council insofar as such minutes deal with matters of interest to him, (

k) shall produce for inspection the minute and other books and all papers and records of whatsoever kind in his possession when required to do so by an in spector of the Department of Muni.cipal Affairs, (

l) shall advise the Minister of the names and addresses of all persons elected councillors for the municipal district within five days after the first meeting of the council at which they are entitled to be present, and of the name and address of the reeve, within five days of his election, (

m) shall faithfully prepare and duly submit to the Minister of Education such statements, reports and other information as is from time to time required by the Minister of Education, and in such fprm as that Minister directs, (

n) shall faithfully prepare and duly transmit to the secretary (

i) of each school district not included in a div ision, the certificate required pursuant to sub section (1) of

section 283 of The School Act, 1952, and (ii) of each school division, the certificate required pursuant to

section 296 of The School Act, 1952, (0) shall collect, receive and safely keep all moneys belonging to the municipal district from whatever ~ource received, (

p) shall deposit to the credit of the municipal district daily, or as often as the council directs, in a treasury branch or chartered bank designated by the council, all moneys received by him, (

q) shall submit for the consideration of the council all accounts and charges against the municipal dis trict that he receives, (

r) shall pay all accounts against the municipal dis trict but only when they have been passed by the

27 council and certified by the reeve or other pre siding officer, (8) shall make all payments on hehalf of the municipal payment by district by cheque signed by himself and counter- cheque signed hy the reeve or by the deputy reeve and drawn on the treasury branch or chartered bank in which the moneys of the municipal district are deposited, (

t) shan give and take receipts for all the moneys of receipts the municipal district received and disbursed and keep on file all vouchers of expenditures, (

u) shall keep in a cash book or such books of record and cash book in such form as is prescribed from time to time by the Minister, a .complete and detailed record of all the financial transactions of the municipal district, (

v) shan prepare in the prescribed form and within monthly five days after the end of each month a statement statements of moneys received 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, (

w) shall produce when called for by the council, audi- ~foggg~~on tor, inspector or other competent authority, all books, vouchers, papers and moneys belonging to the municipal district and hand over the same to his successor or such person as the council directs on his ceasing to hold office, (

x) shall complete and make ready for the auditor, audit not later than the tenth day of January in each and every year, all the books and accounts for the last preceding year, (

y) shall faithfully perform all other duties imposed a~W;;sal upon him by this Act and generally carry out such instructions as the council issues to him from time to time. 62.

(1) The secretary-treasurer, if requested, shall make ~:~:~~c~~e ot a search in the assessment or tax roll in respect of any assessment assessable parcel of land and, upon receipt of a fee of or tax roll twenty-five cents, shall give a certificate under his hand showing whether or not all taxes 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 Statement ot '. • • arrears fee of twenty-five cents, shall Incll!de. In .the certIfica~e a detailed statement of the arrears IndIcatIng the portIOns attributable to each year respectively.

(8) Every such fee forms part of the general revenue of the municipal distri.ct. Inspection d th . . f th sec of books, 63.

(1) An elector un er e superVISIOn o. e - etc., by retary-treasurer and during the office hours of the secre- elector tary-treasurer, may inspect

Appoint ment of assessor Notice of appointment of assessor Reassess ment 28 (

a) any account, contract, by-Ia~, minutes of coun~il meetings} report of any commIttee or of any officIal of the municipal district, after the same has been submitted to the council, other than a report of the municipal district's solicitor or any counsel engaged by the municipal district, (

b) the list of electors, poll books or other documents, other than marked ballots relating to any election or voting.

(2) A copy of any book, record, document or account certified under the hand of the secretary-treasurer and the seal of the municipal district shall be received in evidence without proof of the seal of the municipal district or of the signature or official character of the person appearing to have signed the same, unless the court or a judge thereof otherwise orders. Assessor 64.

(1) An assessor shall be appointed by by-law by every council at its first meeting after the formation of the municipal district, or so soon thereafter as is practicable.

(2) In the event of a vacancy occurring in the office of assessor a successor shall be appointed as soon as practic able.

(3) Whenever an assessor is appointed, the reeve shall forthwith advise the Minister of the a.ppointment by mail and in the event of the Minister disallowing any such ap pointment, the reeve shall immediately call a special meet ing of the council for the purpose of appointing another person as assessor.

(4) The assessor appointed pursuant to this

section shall be the assessor for the municipal district for all pur poses other than the reassessment of all or any part of the municipal district in accordance with the provisions of

section 65. 65.

(1) The council, by resolution, may request the Director of Assessments to make a reassessment of all lands, buildings and improvements in the municipal district or in any part of it, and in such case the assessor for the purposes of the reassessment shall be such assessor on the staff of the Director of Assessments as may be designated by the Director. Cost of re-

(2) Whenever a reassessment is, made by an assessor assessment appointed by the Director of Assessments pursuant to sub section (1), twenty-five per cent of the cost of the reassess ment of any hamlet shall be absorbed by the Department of Municipal AffairSI and seventy-five per cent of the cost of the reassessment of any hamlet, together with the entire cost of the reassessment of any part of a municipal district, other than a hamlet, constitutes a debt due to the Crown and shall be paid by the municipal district concerned upon submission to it of the account of the Department of Municipal Affairs.

29 Auditor .6~.

(1) The council, at its first meeting in each year or !\.ppoint- wIthIn two months thereafter, shall appoint an auditor. ~:£~o~f

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

(3) No person who then is or during the preceding year Persons was ~~~}f~~le as (

a) a member of the council, or (

b) secretary-treasurer of the council, or (

c) interested directly or indirectly in a ny contract made by the municipal district, or (

d) employed by the municipal district in any capacity except that of auditor, shall be appointed auditor.

(4) An auditor becoming (

a) a member of the council, or (

b) secretary-treasurer of the council, or (

c) interested directly or indirectly in any contract made by the municipal district, or (

d) employed by the municipal district in any capacity except that of auditor, shall immediately vacate his office.

(5) The appointment of an auditor is subject to the Apprpval of approval of the Minister, who shall forthwith be advised ~fP~~aw~~nt thereof by letter and the Minister may confirm the a p .. pointment or disallow it.

(6) If the Minister disallows the appointment of an Disallow auditor, the council, at a regular or special meeting held !~~~i~fment within one month after the receipt by the secretary- of auditor treasurer of notice of the disallowance, shall appoint an- other person, company or firm as auditor, subject to the confirmation or disallowance of the Minister under sub-

section ( 5 ) . 67.

(1) The auditor, at least once a year, shall examine AUdi\Or's and report upon all books and accounts affecting the munici- repor pal district or relating to any matter under its control or within its jurisdiction.

(2) After examination of the books and accounts here- ;ta~~ted" under referred to, 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 011 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

Verification of cash balance Auditor's special report Notice of arrears in taxes 30 (

e) on every account, voucher, receipt and paid deben ture.

(3) The auditor shall verify the cash balance as shown by the secretary-treasurer's books by counting the cash, and in nc case shall he certify to the correctness of the books until he has checked the deposits entered in the cash book with the d,eposits shown in the bank or treasury branch passbook or statement.

(4) Where it appears to the auditor (

a) that an expenditure has been made contrary to law, by-law or resolution, or (

b) that there has been an irregularity on the part of the council or of an official of the council in dealing with money or property of the municipal district, the auditor shall write a special report respecting the same and shall deliver that report to the reeve who shall lay the same before the council at its next regular meeting.

(5) Not later than the last day of February in each vear, the auditor shall send out a notice to not less than fifteen per cent of the taxpayers who have not paid their taxes in full, and each notice shall give a statement of the amount of taxes due by the person to whom it is addressed, together with a request that if the amount shown on the notice is incorrect, the taxpayer shall immediately notify the auditor as to the discrepancy. Abstract Old 68.

(1) On or before the first day of February in each ~i~~~'a1~ an year, the auditor shall prepare in duplicate, in such form i~~:1s a~~d as the Minister directs, an abstract of the revenue and liabilities expenditures of the municipal district during the last pre- ceding financial year, and of the assets and liabilities of the municipal district upon the last day of that financial year.

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

(3) The auditor shall make a special report in dupli cate in respect of any expenditure during the said period that was contrary to law. s!a![~:n! ~f

(4) The auditor shall also prepare in duplicate, in such ~a~ments n forms as the Minister may direct, a statement of the re ceipts and payments of the municipal district during the last Ifreceding financial year. Copies of abstract

(5) The auditor ~hall forward to the Minister one duplicate of the abstract and report together with one dup licate of the statement of receipts and payments and shall deliver the other to the secretary-treasurer.

(6) The secretary-treasurer, on or before the tenth day of February, shall cause a printed copy of the abstract and report referred to in subsections (1), (2) and (3) to be mailed to every person whose name appears upon the as~essment roll.

(7) Each copy of the abstract and report mailed under this

section shall have printed thereon or attached thereto a notice in Form 1 in

Schedule A. 69. The financial year of the municipal district shall Financial commence on the first day of January and close on the year thirty-first day of December in each year. Constables 70.

(1) The council by resolution may appoint the con- Appoint stables required under The Police Act within the municipal :~~\a~es district. . .

(2) A chief of police or police constable appointed under Powers of thIS Act has the powers and duties of a municipal constable constables as defined in The Police Act.

(3) Ab cfonstabl~, bt~foref etnhtering upon his duties, shall ~ffi~~ of appear e ore a J us Ice 0 e peace and shall take and subscribe before him the oath of allegiance and the official oath as a municipal constable prescribed by The Oaths of Office Act. 71.

(1) The reeve, at any time and from time to time, spectialb1 b ·to . t . I t bl cons a es y wrI lng, may appOln one or more speCIa cons a es within the municipal district for such time as is stated in the appointment, and shall report the appointment with the reasons therefor to the council at its !lext regular meeting.

(2) The appointment of every such constable ceases Confirma if his appointment is not confirmed at the next regular ~igi~t~~n~P meeting of the council. Solicitor 72.

(1) The council, by resolution, may appoint as Appoint solicitor for the municipal district a solicitor who is a :1~\tg~ member of The Law Society of Alberta, and his duties and the terms and period of his employment shall be de termined by the council.

(2) Notwithstanding that the remuneration of the solic- Mun~cipal • 0 0 I th .. I d· distrlct Itor IS paId wholly or partly by sa ary, e munIcIpa . IS- entitlec;l to trict is entitled to tax and collect lawful costs in all actIons ~~}gn~n and proceedings to which the municipal district is a party. Other Officials 73. The council, by resolution, may appoint from ti~e ~:C~ilS to time such other officials servants or employees as It deems necessary or expedie~t to appoint. for the purpose of carrying into effect the provisions of thIS Act or any by- law or resolution of the council.

Ineligibilty of council member for other office Tenders Term of office Oa.th of office Deposit of oath Suspension of official Salary upon dismissal 32 General Provisions Relating to Officia;ls and Employees 74. A member of the council is not eligible for appoint ment to a municipal district office. 75. The council shall not call for tenders from an appli cant for an office. 76. An official appointed by the council may hold office during the pleasure of the council or as expressed in his appointment. 77.

(1) An official of the municipal district, before en tering upon the duties of his office, shall make and subscribe the official oath or solemn affirmation 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, solemn affirma tion or declaration before a commissioner for oaths, a notary public or a justice of the peace.

(3) The deponent, affirmant or declarant shall subscribe the oath, affirmation or declaration required under this Act, and the person administering it shall duly administer, 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 municipal district records. 78. (1) ;The reeve may suspend any municipal district official or employee and he shall forthwith report the sus pension and the reasons therefor to the council~ which may either dismiss or reinstate the suspended official or employee.

(2) If an official or employee is dismissed by the council, the official or employee shall not receive any salary or remuneration from the date of his suspension by the reeve unless the council, by a resolution, otherwise determines. Other duties 79. 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 are required of them by the council. Liability of officials Security of officials 80.

An official, servant or agent of a municipal district is personally liable for any damage arising from his negli gent 01' 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. 81.

(1) In addition to defining the duties of any official, the council may require him to give such security as it deems expedient for the faithful performance of his duties.

(2) Prior to the first day of May in each year all securities shall be produced to the reeve and shall be laid by him before the council for examination and approval.

33 Superannuation or Gratuities 82.

(1) The council, by by-law, may provide for a plan Superannu of superannuation or annuity payment to any employee atlon plan upon his retirement from the service of the municipal dis- trict! flnd. any such plan may require such contributory partIcIpation on the part of the employee as the council in its discretion may provide in the by-law.

(2) Notwithstanding the provisions of subsection (1) Gratuity the council, by by-law, may grant any employee who ha~ payment been in the service of the municipal district for at least fifteen years, and who while in such service has become incapable through age or illness or otherwise of efficiently discharging his duties, or who has attained 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 his dismissal or resignation, which gratuity may, in the discretion of the council, be instead of or in addition to any annuity that might be paid to him under thE' provisions of subsection (1).

PART IV ELECTIONS Election by General Vote 83. When in a municipal district no electoral divisions Conduct of have been established and the council is elected therein ~fe~~f~A by general vote, the Minister, by order, (

a) may prescribe the method of preparation of the list of electors and the nominating of candidates, and (

b) m.ay give directions as to any other matter or thing requisite for the proper conduct of an election. Election by Electoral Divisio,ns 84. Where in a municipal district electoral divisions have Reyresen been established, ea'ch division shall be represented by a tat on councillor and when a vacancy occurs in the representation of that division an election shall be held for that division, as is hereinafter prescribed. Qualification of Councillors 85. No person is qualified to be elected a member of Qualifica the council of a municipal district unless at the date of ~~~nc~flors his nomination (

a) he can read and write in the English language, (

b) he is a Canadian citizen, (

c) he is the full age of twenty-one years,

34 (

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

e) he is resident in the electoral division with respect to which he has been nominated, (I) (

g) his name appears upon the assessment roll of the municipal district as the owner, conditional owner or purchaser of land that is not exempted from taxation, or in the cas·e of a first election he has been for a period of at least two months prior to the date of his nomination the owner, conditional owner or purchaser of assessable land included in the m unici pal district, he is not indebted to the municipal district for taxes for more than the two calendar years im mediately preceding the year in which the election is held or if he is so indebted, then unless he has entered into an agreement for the consolidation of the arrears of taxes owing by him to the munici pal district and the agreement remains in force.

Persons S6.

The following persons are not eligible to be elected ~~~A~i~l;rsas a member of the council, and are not entitled to sit or vote therein, (a) (b) (c) (d) (e) (I) (g) (h) . any judge of any court of civil jurisdiction, any sheriff, deputy sheriff or bailiff, any gaoler or keeper of any house of correction, any constable, assessor, secretary-treasurer, audi tor or other paid official of the municipal district, any person having himself or by or with or through another an interest in any contract with the council, or with any person .or persons acting for the council, or in any contract under which any money of the municipal district is to be paid for any service, work, matter or thing, any person who is surety for an officer or employee of the council, any person who has been convicted of a criminal offence punishable by death or by imprisonment for more than two years, any person, who having been elected as a member of the council, has resigned his seat thereon on acc.ount 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 a voiding the making of restitution for any money received by him in contraventi.on of any of the provisions of this Act, until the expiration of three years from the date of his resignation, (

i) any pers.on whose seat on the council has been declared vacant by reason of clauses (a), (

I) or (g) .of subsection (1) .of

section 57, until the expiration of three years from the date upon which his seat was so declared vacant.

35 87.

(1) Clause (

e) of

section 86 does not apply to a Non-appli- b I f th cation of person I y reason on y 0 e person clause (

e) of ( ) b . h h Id"

section 8 6 a el1!g a s are 0 er In an . Incorporated company havIng a contract or dealIngs with the council unless th~ contract 0t: dealings are for the building: constructIon or repaIr of a public work, (

b) contracting .with the counc.il for the supply to him of any serVIce or commodIty that the council has statutory authority to supply, (

c) being interested in any publication that official advertisements of the council appear in or that is supplied to the council or any official thereof at the usual rates, (

d) selling or leasing to the council land, or interest in land, that the council has statutory authority to expropriate.

(2) No ~ouncillor w.ho is a shareh?lder in any compa.ny Counc1llor shall vote In the co?ncIl on any questIOn affecting the com- ~g!.~~~gpro pany, and no councIllor who sells or leases to the municipal hibited from d· t . t h 11 t . th'l '. voting in IS rIC s a vo e In e councI on any questIOn affectIng certain cases any sale or lease to the municipal district. Qualification of Electors 88.

Where there is an owner and a purchaser of any Vote of parcel or of any part, share or interest therein, the only g~~~a~:r person entitled to vote in respect of the parcel or share or interest therein is the purchaser entitled to the possession of the parcel or of any part, share or interest therein, and where there is no such purchaser, the only person entitled to vote in respect thereof is the owner. 89.

The persons entitled to vote at an election held pe[wn3 t prior to the completion of the first municipal list of electors ~~t~ ~ri~rOto are persons of the full age of twenty-one years who are gfmK;:ilOl~st and who have been for a period of at least two months of electors immediately prior to the date of holding the election the owners, purchasers or conditional owners of assessable land included in the district. 90. The persons entitled to vote at an election held sub- Pe~sons sequent to the completion of the first municipal list of electors ~~t~le:ft!~ are completion of first list (

a) persons of the full age of twenty-one years whose of electors names appear on the municipal list of electors by virtue of being on the assessment roll, whether the names are ~laced upon the list prior to the second Saturday in March or are placed thereon upon election day, (

b) persons whose names do not appear on the list of electors pursuant to clause (

a) but who are Can adian citizens of the full age of twenty-one years,

Elector to vote in division where qualified 36 who have continuously resided in the division in which the election is being held for a period of six months immediately preceding the day fixed for the nomination of candidates. 91.

(1) Where electoral divisions have been established in a municipal district, every elector resident !n a division and qualified in respect of land therein, shall vote only in that division in which he is resident and qualified.

(2) Where electoral divisions have been established in a municipal district, every elector not within the terms of the previous subsection, whether resident in the municipal district or not, shall vote in the division in which the land in respect of which he is qualified as an elector is situated. Elector

(3) If an elector is qualified in respe,ct of land in more ~~~l~fi~g~: than one division, then he shall vote only in that division in one division which his assessment is higher than in any other division. Vote ot corporation Authority to vote tor corporation Procedure prior to nomination meeting

(4) In the case of equality of asssessment an elector shall vote only in that division that bears the lower or lowest number.

(5) A person who is qualified to vote otherwise than in respect of land shall vote in the electoral division in which he resides. 92.

(1) A corporation, the name of which is entered upon the list of electors, may vote by an officer, member or employee of the corporation who is of the full age of twenty one years.

(2) The officer, member or employee, before voting, shall produce a certificate from the head office of the corporation in question authorizing him to represent it, and shall make and subscribe the oath in Form 2 in

Schedule A.

(3) No person shall represent more than one corporation.

(4) No person shall represent a corporation under the provisions of this

section if he is otherwise entitled to vote. Preparation for Nomination Meeting at First Election 93.

(1) At the first election for councillors and three weeks prior to the date fixed by the order of the Minister for the nomina~ion of .c~ndidates under the provisions of

Part II, the offiCIal admInIstrator, by resolution, (

a) shall name a place for holding the nomination meet ing, (

b) shall appoint a returning officer, (

c) shall provide for polls in each electoral division and assign a name or number for each poll, (

d) shall appoint a deputy returning officer for each poll, (

e) shall fix the time and place for the first meeting of the council.

(2) The official administrator, by resolution, may author- Poll clerk ize the ?eputy returning offi·cer for any or all of the polls to appOInt a poll .~lerk who, in the absence or disability of the deputy returnIng officer, shall act as deputy returning officer.

(3) The place named for holding the nomination meet- Place of ing shall be within the municipal district or within a city, ~e~ff:ta:ion town or village bordering on the municipal district.

(4) A poll for an electoral division shall be within the Poll electoral division or within a city, town or village bordering thereon.

(5) A special poll may be provided for in a city, town or Special village bordering on the municipal district if at least ten poll proprietary electors entitled to vote in that electoral division reside within the city, town or village.

(6) If for any reason a person who has been appointed ~~~~~f~~e as returning officer becomes incapable of carrying out his officer duties, the official administrator may appoint, by writing, a returning officer in his place.

(7) If a person who has been appointed as a deputy Substitute t . ffi f b' deputy re urnIng 0 cer or any reason ecomes Incapable of returning carrying out his duties, the returning officer may appoint officer a deputy returning officer in his place.

(8) The returning officer ~hall act as secretary-treasurer ~r~c::~~~tfor for the purposes of the electIOn. election purposes 94. Prior to a nomination day, the returning officer ~oti~e t'?~n shall cause to be issued a notice in Form 3 in

Schedule A. ~f ~~~~~ cillors 95. The returning officer shall c·ause the notice referred ~g:l:::tig~ to in

section 94 to be posted up in at least four widely notice. Iff s separated conspicuous places in each electoral division of counCl or the municipal district at least seven clear days before nomination day. Preparation fof' Nomination Meeting at General Election 96.

(1) Prior to the thirty-first day of December in Pr.ocedure each year the council, by resolution, shall provide for ~~~~!l~fiOn holding !l nomination meeting upon the third Saturday of meetmg February in the next following year for the purpose of nominating candidates to fill the vacancies ocurring in the council on the third day of April in the next following year.

(2) The place named for holding the nomination meet- ~~~i~~~on ing shaII be within the municipal district or within a city, meeting town or village bordering on the municipal district.

(3) Notwithstanding subsection (1), if it appears to the council that it is des,irable to hold the nomination meet ing upon some other day it may provide by resolution for holding the meeting upon any other day within three days before or after the third Saturday of February.

38 Petition to

(4) If at any time prior to the first day of December change date t . d b of nomina- a petition is delivered to the secretary- reasurer, slgne y tion meeting at least fifteen per cent of the proprietary electors of the Annual meeting Notice of district, requesting that the nomination meeting be held on another day within three days before or after the third Saturday of February, the council by resolution shall pro vide for holding the meeting upon the day named in the petition.

(5) In the event of a resolution being passed pursuant to subsection (3) or (4), the references in this Act to the third Saturday in February and the second Saturday in March, and to the fourth Saturday following nomination day, shall be construed to be references to the day so fixed and the same day in the third following week and to the same day in the fourth following week.

(6) The council shall also provide for holding an annual meeting for the discussion of municipal affairs at one o'clock in the afternoon on the same day and at the Bame place as the nomination meeting.

(7) This

section is not applicable to a municipal district in respect of which an administrator has been appointed in the place of the council under any of the provisions of The Department of _Municipal Affairs Act. ~':,.ni~E~\na_ 97.

(1) Prior to nomination day, the returning officer tion meeting shall cause to be issued a notice in Form 4 in

Schedule A. Returning officer, deputy returning officer; polls Poll clerk

(2) The returning officer shall publicize the notice by ca using it to be (

a) posted up in at least two widely separated con spicuous places in each electoral division of the municipal district at least seven clear days before nomination day, or (

b) mailed to ea-ch resident proprietary elector of the municipal district at least ten clear days before nomination day, or (

c) published in an issue of a newspaper pursuant to the provisions of subsection (2) of

section 51, if the issue is one that will be entered in the mail at least ten clear days before nomination day. 98 .•

(1) At least three weeks prior to the day fixed for the nomination of candidates, the council, by resolution, (

a) shall appoint a returning officer, (

b) shall provide for polls in each electoral division in which an election is required and assign a name or number for each poll, (

c) shall appoint a deputy returning officer for each poll.

(2) The council, by resolution, also may appoint a poll clerk for each or any poll.

(3) A poll for an electoral division shall be within the electoral division or within a city, town or village bordering thereon.

(4) A special poll may be provided for in a city, town, or Special village bordering on the municipal district if at least ten poll proprietary electors entitled to vote in that electoral division reside within the city, town or village. 99.

(1) If for any reason a person who has been ap- Substitute . t d t' ffi b' . returning pOln e as re urning 0 cer ecomes Incapable of carrYIng officer out his duties, the reeve, by writing under his hand, may appoint another person in his place.

(2) If any person who has been appointed as a deputy Substitute t . ffi 11 1 . deputy re urning 0 cer or po c erk for any reason becomes In- returning capable of carrying out his duties, the returning officer ~~fe~le~~ may appoint another person in the place of the person becom- ing incapable. ,Preparation for Nomination Meeting at Special Election 100.

(1) When a special election to fill a vacancy in the Special council is required pursuant to

section 56, the council by ~\r~g~n~~ resolution vacancy (

a) shall appoint a returning officer, (

b) shall fix a day and place for holding a nomination meeting for the purpose of the nomination of candi dates to fill the vacancy in the electoral division in which the vacancy occurs.

(2) The resolution shall provide that nominations will ~~~Wn~~Ions be received by the returning officer between the hours of three o'clock and four o'clock in the afternoon on the day fixed for nominations.

(3) Su.bject to the provisions of subsection (6) of

section 56, the provisions of this Act respecting a general election apply to a special election. 101.

(1) Prior to nomination day, the returning officer ~~~r;at~~n shall cause to be issued a notice in Form 3 in

Schedule A.

(2) The returning officer shall publicize the notice by Publlcation • • of notice of causIng the notice nomination (

a) to be posted up in at l~st four widely sep~t:a~ed and conspicuous places In each electoral dIVIsIOn in which the election is required at least seven clear days before nomination day, or . (

b) to be mailed to each resident proprietary elector of the electoral division in which the election. is !e quiredat least ten clear days before nomInatIOn day, or (

c) to be published in an issue of a newspaper p~rsuant to the provisions of subsecti~n (2) of sectI?n 51, if the issue is one that wIll be ent~red. In the mail at least ten clear days before nomInation day.

Election of chairman Reading of municipal inspector's report 40 Annu~l Meeting and Nomination Meeting 102.

(1) At the hour of one o'clock in the afternoon the returning officer shall declare the annual meeting open, and shall hold an election of a chairman who shall conduct the discussion of municipal affairs.

(2) At every such meeting the reeve and secretary treasurer shall be present and have with them the minute book of the municipal district and shall give such informa tion as they are able with respect to any municipal matter upon which they are questioned.

(3) Prior to the hour of three o'clock in the afternoon the reeVf\ shall cause to be read to the meeting the latest municipal inspector's report on the affairs of the municipal district. Receiving of 103. From three o'clock to four o'clock in the afternoon nomInations h f h t' d . t' t' Receiving of nomInations at first or special election Form of nomination Nomination to be ac companied by written statement and cer tificate Declaration of election Poll on t e day 0 t e annual mee lng an nomIna Ion mee lng, the returning officer shall receive nominations. 104.

On the day fixed for nomination at a first or spe'cial election the returning officer shall receive nomina tions from three o'clock to four o'clock in the afternoon. 105.

(1) Every nomination shall be written and shall be in Form 5 in

Schedule A, and in the case of nomina tion for an ,electoral division shall be signed by at least two electors of the electoral division.

(2) No nomination shall be received unless it is accom panied by (

a) a written statement in Form 6 in

Schedule A, signed by the person nominated to the effect that he is qualified for election and that he will accept the office if elected, and (

b) a certificate in Form 7 in

Schedule A, signed by the secretary-treasurer to the effect that the person nominated is not disqualified by the provisions of clause (

g) of

section 85. 106. At the hour of four o'clock in the afternoon, in the case of each electoral division with respect to which not more than one person has been nominated, the returning officer ( a) • shall declare the person nomina ted in respect of such division duly elected as councillor, and (

b) shall send to the secretary-treasurer, if any, a signed statement giving the full name and address of the councillor declared elected. 107. In the event of more than one person being nom inated in respect of an electoral division, the returning officer shall declare that an election will be held for the electoral division.

41 108. A person nominated may withdraw at any time Withdrawal within forty-eight hours after the close of nominations by ~fiO~omin filing with the returning officer a signed declaration in writing to that effect signed in the presence of two witnesses or the returning officer. 109.

If by reason of any withdrawal or withdrawals No poll if there is only one candidate for councillor for an electoral o~l~i~n~ division, the election shall not take place with respect to ~e~aln~ e such division and the returning officer shall forthwith ~\~drawals declare the candidate duly elected and shall send to the secretary-treasurer, if any, a signed statement giving the full name and address of the councillor declared elected. List of Electors Enumeration 110.

(1) For the purpose ofa general election, the Appoint council, by resolution, not later than the second Saturday in :~~e~itorB February in each year, shall appoint an enumerator or enum- erators for each electoral division in which the term of office of the councillor expires in that year, and for each division in which a vacancy has occurred for reasons other than efflux- ion of time.

(2) If, after the passing of the resolution pursuant to subsection (1), a further vacancy on the council occurs prior to the time set for receiving nominations, the reeve, in writing under his hand, shall appoint an enumerator or enumerators for the division in which such vacancy has occurred.

(3) If for any reason 'an enumerator appointed pursuant :~~~!~~i~r to this

section is unable to perform his duties or is unwill- ing to act, the reeve, in writing under his hand, shall appoint another enumerator in his place. 111.

(1) In the case of a special election, the council, :l~~ei~r at least one week prior to nomination day, shall appoint SPectfal an enumerator or enumerators for each division in which e ec on an election is to be held.

(2) If for any reason an enumerator appointed pursuant ~~~~!~~~~r to this

section is unable to perform his. puties or is unwill. ing to act, the reeve, in writing under his hand, shall appoint another enumerator in his place. 112 An enumerator appointed pursuant to

section 110 Oath of t • . I k th th enumera or or

section 111, before acting as such sha I ta e e oa of office in Form 8 in

Schedule A which may be sworn before the returning officer, a justice of the peace or a commissioner for oathsi. 113. After the expiry of forty-eight hours from the :l:,,:-~efI~t close of nominations, each enumerator who has been ap- pointed for a division in which an election is to be held shall

Delivery of enumer ator's list Preparation of list of electors 42 complete a list in duplicate giving the names and addresses of all persons whose names do not appear on that portion of the list of electorSI prepared pursuant to subsection (1) of

section 116, who (

a) reside in the division, and (

b) are Canadian citizens, and (

c) are of the full age of twenty-one years, and (

d) have continuously resided in the division in which the election is to be held for a period of six months immediately preceding the day fixed for the nom ination of candidates. 114. An enumerator shall complete the list referred to in

section 113 and shall deliver it into the hands of the secretary-treasurer not later than three days prior to the second Saturday in March. Preparation of List of Electors 115. Immediately after the expiry of forty-eight hours from the close of nominations, the secretary-treasurer shall prepare a list of all electors in each division for which an election is to be held. Arrange- 116.

(1) The secretary-treasurer shall arrano-e the list ment and 0 particulars of electors according to electoral divisions, and subject to ~fe~l~~ of the provisions of

section 91, shall enter in the appropriate columns of the prescribed form (

a) the name of every purchaser entitled to the pos session of assessed land, if the purchaser is of the full age of twenty-one years, (

b) the name of every owner of assessed land for which there is no such purchaser, if the owner is of the full age of twenty-one years, (

c) the name of every conditional owner of assessed land if the conditional owner is of the full age of twenty-one years, (

d) the name of every lessee of land that is agricultural land as defined in The Public Lands Act, who is in actual occupation of such land as lessee under the provisions of

section 11 of the said Act, if the lessee is of the full age of twenty-one years, (

e) the word "purchaser", "owner", "lessee" or "con ditional owner", whichever is the case, (

f) a brief description of the property that is assessed, (

g) the word "resident" or "non-resident", whichever is the case, and the particulars, when possible, shall be taken from the assessment roll of the municipal district. Persons bentltledli to t

(2) Where the assessment roll shows an owner and a e on st 0 h f . electors purc aser 0 any parcel, or of any part, share or Interest

43 t~erein, the oI?-ly person entitled to be placed upon the lIst .of electors In !'es~ect of the parcel or of any part, share or I!lterest thereIn, IS the purchaser entitled to the pos seSSIOn of the parcel, or any p.art, share or interest therein a,nd where there is no such purchaser, the only person en~ tItled to be placed upon the list of electors is the owner of the parcel, or of any part, share or interest therein.

(3) The secretary-treasurer shall also enter on the list of electors for each electoral division, in a separate portion thereof, the names, in alphabetical orner, of all persons whose names do not already appear on the list of electors but whose names appear on the list or lists prepared by the enumerator or enumerators for that division. 117.

On the second Saturday of March in each year, the Certification secretary-treasurer, immediately after the last nanle on ~fe;~~~s of the list of electors for each electoral division shall write the words "certified correct" followed by his signature. 118. (1) .The secretary-treasurer, forthwith after cer- Posting of tification of the list of electors shall make a true and fi~~Y off correct copy of each list of electors and post the same in electors his office.

(2) A. copy o.r the original of the list 11of electorbs l shhall be ~~sfi~tti~r open to InspectIon by any person at a reasona e ours. electors 119. After certification of the list of electors the secre- Posting of tary-treasurer shall forthwith prepare and cause to be ~l~~t~~s posted in two widely separated and conspicuous places in each electoral division in which an election is to be held a copy of the list of electors for that division. Revision of List of Electors 120.

(1) Whenever, through inadvertence or otherwise, ~evision of I t .. h t hst of any mistake, error, wrongfu en ry or omISSIOn w a SO- electors ever has been made in the list of electors or copy thereof, the secretary-treasurer, upon being notified in writing by any person of the mistake, error, wrongful entry or omission, shall revise the list or copy accordingly.

(2) No such revision shall be made in the list of electors except for the purpose of correcting the spelling of names (

a) unless notification is received by the secretary treasurer at least four clear days prior to the date fixed for the election, and (

b) unless the assessment roll of the municipal district when compared with the list of electors shows the list of electors to be inaccurate or incomplete in the manner complained of in the notification.

Date of election Notice of elec.tion Publtca.t1on of notice of election Ballot boxes Voting by secret ballot Printing of ballot papers Compo sition of ballot papers Names on ballot papers 44

(3) Every alteration of the list of electors or copy shall have placed opposite it the date of the alteration and the initials of the secretary-treasurer. Procedure Preliminary to Holding an Election or Vote 121. When an election is required it shall be held upon the fourth Saturday following the day o.f nomination. 122.

(1) After the expiry of forty-eight hours from the close of no.minations, the returning officer shall cause to be issued a notice of the election in ,Form 9 in

Schedule A.

(2) The returning officer shall publicize the notice by causing it to. be either (

a) posted up in at least four widely separate and con spicuous pla,ces in each electoral division in which an election is to be held, at least fourteen clear days before electio.n day, o.r (

b) mailed to. each resident pro.prietary electo.r of each electo.ral divisio.n in which an election is to. be held, at least sixteen clear days befo.re electio.n day, or (

c) published in an issue o.f a newspaper that, pur suant to. the pro.visio.ns of subsection (2) o.f

section 51, is required to be mailed to. each resident proprietary electo.r o.f each electo.ral divisio.n in which an electio.n is to. be held, if the issue is o.ne that will be entered in the mail at least sixteen clear days befo.re Po.lling day. 123. The returning officer shall procure for each poll a suitable ballot box to be made of some dry durable material, and each box shall be provided with a lock and key and shall be so ,constructed that the ballot papers can be placed therein when the box is locked and cannot be with drawn therefrom unless the box is unlocked. 124.

Voting shall be by secret ballot. 12:5. The returning officer shall cause to be printed or otherwise prepared a supply of ballot papers sufficient for the pU1J)oses of the election. . 126. The ballot papers may be either printed or type written and must be of the same colour and general appear ance. . 12 1 7.

(1) The ballot papers shall contain the names of the duly nominated candidates arranged alphabetically in the order of their surnames, or if there are two or more candidates with the same surname, in the order of their Christian or first names.

(2) The ballot paper shall be in Form 10 in

Schedule Form of A. ballot papers 128.

(1) Before each election the secretary-treasurer ~ot~~e of shall furnish the returning officer with at least two copies ~ee;aL~~ of Form 11 in

Schedule A for every poll.

(2) The deputy returning officer for each poll shall post P~ting of the two ,copies of Form 11 in

Schedule A in conspicuous ~l~~fi~n of places at his poll and ensure that they are kept so posted dur- penalties ing the hours of voting. 129. The secretary-treasurer before every election shall pOSiting 2f furnish the returning officer with at least two copies of ~~t~nsO 4 sections 4 and 5 of The Controverted Municipal Elections ~h~ ~o~~ro Act for each poll, and the officer presiding at a poll shall post vMerteid. Z th . . 1 h' un c~pa e same In conspIcuoUS p aces at IS poll and ensure that EZecticms they are kept so posted during voting hours. Act 130.

The secretary-treasurer, before the opening of the Directi~dns II h II . for gUl ance pO , s a cause to be prepared such number of prInted of voters directions for the guidance of voters in voting as he may deem sufficient and the directions shall be printed in con spicuouscharacters and may be in Form 12 in

Schedule A. 131. At least twenty-four hours before the opening of Delivery of the poll, the returning officer shall deliver to e~ch deputy ~:~~:s returning officer the ballot papers and all other necessary material. 132. A deputy returning officer shall ensure that his poll vot~ng ~om is furnished with a compartment in which the voter can par men s mark his ballot while 'screened from observation. 133.

A deputy returning officer, befor~ the opening of the ~i~~~n~~f Poll shall cause to be posted on the outsIde of the entrance for guidance , . th t t' th II of voters to the poll, as well as In e compar men In e po , a copy of the directions for the guidance of voters and s~all ensure that it remains so posted until the close of the voting. 134. At least forty-eight hours befo~e the opening of ~he ~~~fgiP~t Poll the secretary-treasurer shall furnIsh to the returnIng list of ,. . h I' t fIt 'f electors officer such number of copIes of t e IS 0 e ec ors, 1 any exists, as the returning officer requires. 135.

The returning officer shall also furnish .to each Poll book deputy returning officer a poll book which shall be In Form 13 in

Schedule A in which shall he entered the record of the poll.

Oaths of election officials Hours of polling Presence of deputy returning officer Agent of candidate Preserva tion of order at poll Persons entitled to be present in the poll Opening of poll and display of ballot box 46 Oath of Election Officials 136. Before exercising any of the rights or functions of his office the oath in Form 14 in

Schedule A shall be taken and subscribed by (

a) a returning officer before a justice of the peace or before the secretary-treasurer, (

b) a deputy returning officer before the returning officer or before a person authorized to administer oaths within the Province, (

c) a candidate, poll clerk, constable or agent authorized to be present in a poll, before the deputy returning officer or before a person authorized to administer oaths within the Province. Poll at Elections 137. The polls shall be kept open from nine o'cloCk in the forenoon until five o'clock in the afternoon. 138. The deputy returning officer shall be present at the poll at least fifteen minutes before the time appointed for opening the poll. 139.

(1) A person producing to the deputy returning officer a written authority from a candidate to represent that candidate as his agent at the poll shall be recognized as such by the deputy returning officer. _(2) Not more than one agent of a candidate is entitled to be present at a poll during the voting or the counting of votes. 140. The deputy returning officer may (

a) appoint a constable, (

b) summon to his assistance at the poll a constable or a peace officer, for the purpose of maintaining order or of preserving the public peace or preventing a breach thereof or of removing a person who, in the opinion of the officer presiding at the poll, is obstructing the voting or wilfully violating the pro visions of this Act. 141. During the time appointed for voting no person is entitled or permitted to be present in the poll other than (

a) the officers, candidates, poll clerks, constables or agents authorized to attend at the poll, and (

b) voters who are for the time being actually engaged in voting. 142.

(1) At the time fixed for the opening of the poll, the deputy returning officer

47 (

a) shall declare the poll open, and (

b) immediately after the opening of the poll, shall show the ballot box to such persons as are present at the poll so that they can see that the ballot box is empty.

(2) The deputy returning officer shall then (

a) lock the ballot box and place his seal upon it in such a manner as to prevent it being opened without breaking the seal, (

b) place the ballot box in his view for the receipt of ballot papers, and (

c) keep the ballot box so in his view and locked and sealed during the hours of voting. 143. A returning officer, deputy returning officer and Who may poll clerk appointed pursuant to this A.ct may by virtue of ~~~;nister his office administer an oath to any person who makes any declaration, affidavit or other statement under oath authorized or required by this Act in the course of the holding of an election or the taking of a vote pursuant to this Act. 144.

(1) At an election held before the completion of Elector'~ the first list of electors, each person who presents himself ~~~~at~~st .for the purpose of voting, before he is handed a ballot, shall Ws~n~~iPal sign a solemn affirmation in Form 15 in

Schedule A. electors

(2) The deputy returning officer or poll clerk shall record in the poll book the name of each person who signed the affirmation. 145. At an election held after the completion of the first Oath if list of electors, the deputy returning officer shall ~~~rstn~~ (

a) satisfy himself that the name of the person who electors presents himself for the purpose of voting, or a name apparently intended for that of such person, is on the list of electors, or (

b) administer to the person who presents himself for voting the oath or affirmation provided for in Form 16 in

Schedule A. 146.

(1) The deputy returning officer, while the poll is Oath ,to open, and if required to do so by a person whose name does ~~a11st n:r e not appear on the list of electors shall administer to such electors person an oath or affirmation in the proper form set out in Form 16 in

Schedule A.

(2) When the oath or affirmation in Form 16 in Sched.ule A has been subscribed to by a person, the deputy returnIng officer shall cause the name of that person to be added to the list of electors with the word "sworn" or "affirmed" written thereafter, according to the fact.

(3) If the name of any other person appears upon the li~t ~~~e ~~rson of electors as qualified to vote in respect of the parcel In on list of . . . th t b d electors respect of WhICh the person reqUIrIng an oa 0 e a -

48 ministered to him claims to be entitled to vote, the deputy returning officer shall not administer an oath or affirmation to such last mentioned person, and such person is not en titled to vote. Fns:a~g:~tity 147.

(1) If a .person representing himself as being en- titled to vote applIes for a ballot paper after another person has voted in respect of the same qualification the person representing himself as being entitled to vote is entitled to receive a ballot paper and to vote after taking the oath in Form 17 in

Schedule A or otherwise establishing his identity Record in poll book Objection to person voting Entry of objection in poll book Refusal ,to take oath . to the satisfa.ction of the deputy returning officer.

(2) The name of the voter shall be entered in the poll book and a note made stating (

a) the fact that he voted after taking the oath, and (

b) the objections, if any, made and on whose behalf. 148. The deputy returning officer or poll clerk shall rec ord in the poll book the name of each person presenting himself to vote. 149. Before a ballot paper is given to a person present ing himself to vote, a candidate or his agent may object to such person voting and if there is any such objection the deputy returning officer shall require such person to take the oath or affirmation in Form 17 in

Schedule A. 150. When the oath or affirmation in

Document details

Collection	Alberta — Bills
Citation	L12 S2 6558
Type	bill
Volume / chapter	L12 S2 6558
Language	en
Format	json
Source	PROVINCIAL
Identifier	ebcf811f4cdd3a94ff5cf49bca8686e4c042a52b

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