Bill 11 (Legislature 10, Session 3)

L10 S3 7444

Alberta — Bills

BILL No. 11 of 1946.

An Act to amend the Acts constituting The Edmonton Chavter. (Assented to , 1946). W HEREAS ~ petition has been presented by the Council 'Of The CIty of Edmonton for an amendment of the Acts constituting The Edmonton Charter; and

Whereas it is reasonable that the prayer of the said peti tion shall be granted; Nnw therefore His Majesty, by and wi.th the advice and cDnsent Df the Legislative Assembly of the Province of Albe-rta, enacts as fDllows: The Edmonton Charter, being

chapter 23 of the Statutes of Alberta, 1913 (First Sessian), as amended from time to' time, is hereby further amended as follows: 1. As to'

section 8 thereof as amended by

section 1 of

chapter 73 of the Statutes of Alberta, 1944,- By deleting from the amendment cantained in said sectian 1 of

chapter 73 the words "twenty-four", where they occur in the eighteenth line thereof, and by substituting therefor the words "twenty-five". 2. As to

section 138 thereof,- (

a) By deleting therefrDm the words "who is incapaci tated by blindness or other physkal cause", where the same occur therein, and by substituting therefor the follDwing; "who is incapaci.tated from any physical cause other than blindness" ; (

b) By adding Ithereto the following section, namely: "138a. In the case of an elector who is incapacitated by blindness frDm marking his ballot without -requiring assist ance sO' to do, the proceedings shall be as follows: " (

a) If so required by such blind elector, the presiding Dfficer at the poll shall in the presence of the agents af the candidates cause the vote of such blind elector to' be marked Dn the ballot paper in the manner directed by such. blind electDr and shall immediately plaice the ballot paper In the ballot box; or " (

b) If such blind elector is accompanied by a friend and the blind electDr so requires-, the presiding of~icer at the pall shall permit that friend to accompany :such blInd elector Into a voting compartment for ,the purpose of marking the ballot

2 paper of such blind elector and the baUot p:aper when marked shall forthwith be delivered by such blInd elector or the friend to the officer presiding at ,the poll, who shall im mediately place said ballot paper in the ballot box; "Provided that before any ballot paper is handed to such blind elector or his friend the following dedarations shall have been taken by them respectively: "FORM OF OATH OF BLIND ELECTOR.

"I, .................................................... , of ..................................... , swear (or solemnly affirm) that by reas0I1: o.f bhnd!less I am unable to mark a ballot paper without requIrIng aSSIstance so to do. Sworn (or affirmed) before me at . . . . . . . . . . . . . . . . ........... , in the Province of Alberta, this.. .. . ..... dayof ................... , 19 ...... , having been ...................................... . first read over to the above named and signed by him in my presence. Deputy Returning Officer. "FORM OF OATH OF FRIEND OF BLIND ELECTOR.

"I, ........................................................... , of ...................... . swear (or solemnly affirm) that,- "I will mark the ballot paper of ... ... ...... . .......... . in the manner directed by him .and I will keep se'Cret the name of the candidate for whom I mark his ballot paper. S~~~~ .. (.~~ .. ~~.~i~~~~! ... ~.~~'~~~ ~eth!} ...................................... . Province of Alberta, this. .. . ..... .. . . . Deponent. day of ............................. , 19 ........ . Deputy Returning Officer. " (

c) The offic'er presiding at the poll shall state or cause to he stated in the poll book, by an entry opposite the narne of such blind ,elector that the vote of such blind elector has been marked in accordance with the provisions of this section. 3. As to

section 124a thereof, an enacted by

section 6 of

chapter 42 of the Statutes of Alberta, 1920,-

(1) By deleting the words "in the course of their busIness or employm,ent" where the same oc'cur in the first paragraph of said section; .

(2) By deleting the words "in the course of my business employment" where such words occur in the affidavit or affirmation forming part of subsection (5) of said section. 4. As to

section 315,-

(1) By deleting therefrom the wo~ds "for a period not exceeding two years from the coming Into force of this amendment", where t.he same occur in the eighth line of subsection (

a) of se·ction 16 of

chapter 73 of the Statutes qf

Alberta, 1944, and by substituting therefor the words "for a period not ex:ceeding two years from the 30th day of March 1946"; ,

(2) By adding thereto the following subse,ction, namely: "(12) (

a) The Council is hereby authorized and em powered by by-law to abolish, suspend or discontinue in whole or in part the duties and operations of The Sinking Fund Trustees .of The City of Edmonton (hereinafter in this subsection referred to as 'the said Trustees') as created and established by said

section 315 and vest in or transfer to a Board .oonsisting of not less than three permanent officials of the City and such other members as Council may deem expedient: " (

i) all or any of the powers, duties, rights, responsi bilities and jurisdktion conferred upon or vested in the said Trustees by any of the provisions of The Edmonton Charter; " (ii) -all.or any books, records, registers and documents belonging to or in use by the said Trustees in carry ing out their duties; " (iii.) all or any of the lands, mortgages, encumbrances, leases, instruments, moneys, bonds, debentures, securities and prope~ty of every nature and kind (all.of which are hereinafter for :convenience some times oollectively referred to as said assets) vested in the said Trustees or over which the Trustees ex:ercise jurisdiction and control; . and said Council ·may in any such by-law provide for the doing of all a,cts, matterS' or things which may require to be done in order to carry into effect the powers and authority by this subs,ection granted; " (

b) Upon the passing of such a by-law all said assets held by or in the name of the said Trustees or over which the said Trustees ha ve jurisdiction and 'control by virtue of any provision of The Edmonton Charter, shall vest in the City, provided that if any part of such assets is held by the said Trustees for or on behalf of any association of civic em ployees or of any person other than the City, then that part of such assets shall be held by the City subject to the same terms and ,conditions as the same are held by the said Trustees; "(

c) The filing in the Land Titles Office for the North Alberta Land Registration District of a certified copy of a by-law passed pursuant to this

section shall operate as a transf.er to The City of Edmonton of any lands, mortgages, encumbrances, leases or other instruments standing in the name of said Trus,tees, -and the registrar of said distriot shall uponpaym·ent of the proper fees register The City of Edmonton as the owner thereof". 5. As to subsection (2) of

section 353 thereof as enacted by

section 10 of

chapter 90 of the Statutes of Alberta, 1922,- fa) By inserting between the word "taxes" and the word "upon", where the same occur in the sixth line thereof, the words "and g·chool taxes" ;

4 (

b) By adding thereto. at the end thereof the following wo.rds: "o.r at a higher rate than that fixed by the said board, but not at a rat.€ exceeding the rate to. be levied for general municipal taxes and for scho.ol taxes upon lands or upon buildings or improvements situate within that -area of the City not included in the suburban zo.ne as established by Order No. 1505-B of the said board, dated the 1st day of March, 1921". 6. As to

section 407,- By adding the follo.wing proviso. thereto, namely: "Provided that in cases where a petition has been received o.r advertisement published in respect of any local improve ment work -and the doing of such work is in the opinion of two-thirds of all of the members of the Council necessary or required in the general interest of the district in which such work is situate, the said Council may notwithstanding lack of consent of the required majority of abutting or other owners concerned, authorize and direct that such work be carried out and the cost thereof cha.rged: against the pro.P erties con,cerned on a special frontage assessment system or special local improvement benefit assessment system, as· the case may be." 7.

As to

section 503a, as enacted by subsection (10) of sectio.n 1 of

chapter 69 of the Statutes of Alberta, 1929,- (

a) By inserting between the words, "Council" and "may", where the said words oc'cur in the second line thereof, the words "or Commissioners"; (

b) By deleting the words "pursuant to. any such by-law", where the same occur in the eighth line thereof, and by substituting therefor the words "before entering UPo.n, cross ing or turning onto a through street". 8. As to

section 3 of

chapter 65 of the Statutes of Alberta, 1930: By adding thereto the following subsection, namely:- "

(3) At anymunieipal or school elections, the Council may from time to time by by-law pro.vide for the taking of the votes of electors who by reason of illness' are confined to any hospital situate within the City on the date set for any such electio.n, and for such purpose the Council may in any such by-law define the meaning of the word 'hospital' ". 9. As to subsection (2) of

section ,39 of

chapter 52 o.f the Statutes of Alberta, 1918, as amended by sootion 15 o.f

chapter 101 of the. Statutes of Alberta, 1938,- By repealing the same and by substituting therefor the follo.wing: "

(2) If the street railway o.r bus or trolley bus trans portation system of the City is extended to serve any districts either within or without the City not served by the said system as at the 1st day of J,anuary, 1946, the Council may charge special tolls o.r fares to and from the districts

5 thus served different from and higher than the tolls or fares charged in respect of the existing street railway, bus or tr-olley bus system of the City, as the Council may deem reasonable, and the charging of such special tolls or fares shall not constitute a violation of the prin~iple of uniformity of passenger fares throughout the City as referred to in

section 39 of chapte'r 52 of the Statutes of Alberta, 1918, nor a violation of any of the provisions of the Edmonton-Strath cona Amalgamation Agree,ment". 10. As to

section 3 of

Chapter 66 of the Statutes of Alberta, 194'2.,- By deleting the figures and letter "124a", shown as the number thereof, and by substituting therefor the figures and letter "124b". 11. This Act shall 'come into force on the day upon which it is assented to.

THIRD SE8SION TENTH LEGISLATURE 10 GEORGE VI 1946 BILL

An Act to amend the A'cts constituting The Edmo~ton Charter. Received and read the First time ......................................... . Second time ..................................... . Third time ... MR. JAMES. EDMONTON: A. Shnitka, King's Printer. 1946 Title: 1946 (10th, 3rd) Bill 11,

An Act to amend the Acts constituting The Edmonton Charter

Document details

Collection	Alberta — Bills
Citation	L10 S3 7444
Type	bill
Volume / chapter	L10 S3 7444
Language	en
Format	json
Source	PROVINCIAL
Identifier	efee9ebd448a6f98ddafac9d134ecc04bb88356e

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