Bill 133 — A Bill To Amend the County Act (Legislature 15, Session 1)

L15 S1 1712

Alberta — Bills

No. 133 1st Session, 15th Legislature, Alberta 12 Elizabeth II BILL 133 A Bill to amend The County Act HON. MR. HOOKE Pr1nted by L. S. WALL, Pr.inter to the Queen'. M08t ExceUent Kajeety, Edmonton, Alberta, 1964

ExplMiatolY Notel I. The County Act,

chapter 64 of the Revised Statutes, is amended. 2. Sections 3 and 4, which deal with the formation ot counties are revised to provide a better sequence .of ennu.-see clause 3. 3. The new

section 4 replaces the present

section 3, subsection (1) which reads: "3.

(1) The Lieutenant Governor in Counell may proceed. Under

section 4 to form a county in any area only after receivting a ,resolutioon requesting him to do so from the council .of a municipality or f.rom the board of a scbool division tha.t comprises the major

part In ex.tent of the said area.". The new

section 4a is the remainder of present

section 3, un changed.

BILL No. 133 of 1964 An,l\ctto. amend The County Act (Assented to I 196-") HE:R MAJESTY, by and with the advice and. consent of , th~ L.egiE?lative,A,s~embly, of the Province of Alberta, enactsc8sfollow.s: 1. The County Act -isherebv amen dedi _ 2. :S.ectiqn ~ js, struck out and

section 4 js renumbered as

section 3. -. " . 3. The following sections are added after the renumbered

section 3: 4. No order shall be issued by the Lieutenant Governor in Council until either the Minister of Municipal Affairs or the Minister of Education has received a copy of a resolution requesting the establishment of a county in a specified area from and passed by the council of a municipality or the board of a school division which, in either case, com prises the major part of that area. 4a.

(1) Immediately after the expiration of four years from the date of the formation of the county, the county council shall (

a) post up and keep posted for a period of not less than thirty days a notice in Form 1 in the

Schedule lOr to the like' effect in not less than fifteen con spicuous pIa'ces in the county, one of which shall be the office of the secretary-treasurer, ,and (

b) insert ina newspaper of general circulation in the county at least once during the period in which the notice is required to be kept posted under clause (

a) a notice in Form 1 in the

Schedule or to the like effect.

(2) If, within the period during which under subsection (1) the notice in Form 1 is required to be kept posted, a petition is received from at least ten per cent of the pro prietary electors of the county requesting that the question of whether the electors of the county are in favour of the continuation of the county or are in favour of reverting to the previous form of government be submitted to a vote

Section 16, which provides tor the composition of the school committee is amended to add reference to representatives ap pointed pursuant to

section l6a. I.

Section 16a, which provides for the appointment of the town and village representatives on the first school committee of a new county is amended.

Section 16a, subsection (4) presently reads: "

(4) A representative a~nted under this seot1on may attend the first meeting of the county counon and If the town Or vlalage or the rural school district or group of districts, which he represents. fa or becomes. pursuant to subsection (4) of

section 1'1, entitled to a representative on the 9Chool committee, he shall be appointed to It by tlJe county counciL". 8. Sections 17 and 17a provide for the election of representa tives of towns, villages and rural schOOl districts included in a county for school purposes. If the number of these representatives exceeds three only a limited number of them can sit on the school committee at anyone time. The new

section l6b will provide a method for choosing the representatives to sit on the committee. 2

of the electors, the county council shall immediately notify the Minister thereof and shall conduct a plebiscite to de termine the question.

(3) The Lieutenant Governor in 'Council shall make such regulations and orders and shall do all things necessary to give effect to the decision of the electors as determined by the plebiscite.

Section 16, subsection (1) is amended by striking out clause (

b) and by substituting the following: (

b) the representatives to be appointed to the school committee pursuant to sections 16a, 17 and 17a.

Section 16a is amended (.

a) as to subsection (4) iby striking out the words "or becomes, pursuant to subsection (4) of

section 17,", (

b) by adding the following subsections after subsec tion (4):

(5) If the number of school districts referred to in subsections (2) and (3) exceeds three, (

a) the representative of a town or village re ferred to in subsection (2) of

section 17, and (

b) the representatives of towns or villages re ferred to in subsection (3) of

section 17 and who were chosen pursuant to

section 16b, shall be appointed to the school committee.

(6) The term of office of the representatives 'ap pointed pursuant to subsection (5) shall be for the 'period commencing with the date of the first meet ing of the county council and ending on the follow ing fourth Monday following the fourth Wednesday in September or until their successors have been elected. 6. The following

section is added after

section 16a: 16b.

(1) Where the number of school districts referred to in subsections (2) and (3) of

section 17 exceed three, the representatives of the towns and villages included in the district referred to in subsection (3) of

section 17 shall (

a) determine the system of representation of their towns and villages on the school committee, and (

b) choose from among themselves, up to the maxi mum number permitted under

section 17, the representatives to be appointed by the county council to the school committee.

(2) The representatives shall from among their number appoint a chairman and ·a recording secretary. 2

Section 17, subsections (3a), (4) and (4b) 'presently read: "(30.) The term of office of a person elect~ pursuant to this

section shall be for a. period of two years commencing on the- fifth Monday ilOillowing the fourth Wedne.sday in September and the county council shall a.ppointhlm to the school committee at its .first regular meeting held after the date of such election.

(4) If the number of 801),001 d'istricts referred to in subsections (2) and (3) exceeds three, the county council shall arrange for the repre sentation of the to'wns 01" v:illages included In the school districts referred to in subsection (3) in rotation from year to- year in such a manner that the total number of members representing towns and vlllages a.ppointed under both subsections (2) and (3) does not exce-ed three. . (4b) Notwithstanding subsection (4), the towns a.nd vlHages glve-n representation on t1).e school committee during the first year afte'r the formation ()f the county shall b~ entitled to representation on the schOOil committee until the fifth Monday following the fourth Wednes day in September during that year and for two yeats more.". .

Subsection (7) deals with the appointment of representatives in the first year after the establishment of a county. This is now dealt with in

section 16a. 3

(3) 'The chairman or any two members may call a meet ing of the representatives at any convenient time and place.

(4) The representatives appointed to the school com mittee shall attend the meeting.

(5) At least two meetings shall be convened by the chairman during each calendar year. .

(6) The council of each town and village may by by-law provide for the payment of an· allowance and reasonable provision for travelling,subsistence and out of pocket ex penses incurred by its representative in attending meet ings called pursuant to this

section and

section 16a, in the manner provided for .by

section 60 of The Town and Vil lage Act except that no vote of the proprietary electors is required to the approval of the by-law.

(7) No payment shall be made under the authority of sub section (6) to pay any person in respect of more than six meetings during anyone year.

(8) Before the expiry of the terms of office of the representatives appointed to the school committee, all the representatives shall meet and reconsider their system of representation on the school committee and may decide that the representatives to be appointed to the school com mittee after the next following election are to be chosen pursuant to that system or pursuant to a different system.

(9) This

section does not apply to the representative of a town or village referred to in subsection (2) of

section 17. '1. ,section 17 is amended (

a) by striking out subsection (3a) and by substituting the following: (3a) The term of office of a person elected pur suant to this

section shall be for a period of two years commencing on the fourth Monday following the fourth Wednesday in September or until his successor is sworn into offi.ce. (3a1) Where a person elected pursuant to this

section is entitled to be appointed to the school committee, the county council shall appoint him to the school committee at its first regular meeting held after the date of such election. (

b) as to subsection (4) by adding after the words "ex ceeds three" the words "and if the representatives have not been chosen pursuant to

section 16b", (

c) by striking out subsection (4b), (

d) by striking out subsection (7) and by substituting the following:

(7) A representative of a town or village ap pointed or elected pursuant to

section 16a or this

section may be a member of the council of the town or village. 3

8. By

section 17b the word "village" in sections 16 and 17 does not include a summer village. 4 .

Section 18 pre$ently reads: "18. A person is not eUgihle to be elected under

section 17 or 17a and i8 not entitled to sit or vOote as ~ repreaenta.t1ve who has himself or by or with or througlh another an interest in any contraot with the council or with any person or persons acting fOor the council, or In any contrad under Wlhicb. any money of the county is to be paid for any service, work, matter or thing, except as provided in seoUon 87 of The Municlpal Dlstriet Act. ". 10. A reference to

section 16a is added. II. A reference to

section 16a is added. ,12. Self-explanatory. 13. See clause

Section 17b is amended by adding after the word and figure "sections 16" the figures ", 16a, 16b".

Section 18 is amended by striking out the words "elected under

section 17 or 17 a" and by substituting the words "appointed or elected under

section 16a, 17 or 17a".

Section 1'9, subsection (2) is amended by adding after the word "sections" the figure "16a,".

Section 2 1 2, subsection (2) is amended by adding after the word "section" the figure "16a,". 1'2. The following sections are added after

section 28: 28a.

(1) Immediately after the election of the chairman at ,the annual meeting of ratepayers provided . for by·· sub section (6) of

section 96 of The Municipal District Act, the chairman shall provide for a discussion of school affairs, during which time the electors of towns and villages and of rural school districts included in the county for school purposes shall be entitled to participate, to sponsor motions and vote on any matter or resolution that is brought before the meeeting on school affairs.

(2) In lieu of the notice provided for by subsection ('Sa) of

section 96 of The Municipal District Act, the secretary treasurer shall (

a) cause to be issued a notice in Form 2 in the Schedule, and (

b) publicize the notice as closely as possible in the same m,anner as provided in subsection (2) of

section 97 of The Municipal District Act, provided that in any event the provisions of clause (

c) of subsection (2) of

section 97 of The Municipal District Act be carried out in all weekly news papers circulating in the county. 28b. The secretary-treasurer shall mail a copy of all approved minutes of the school committee meetings to the representatives elected or appointed pursuant to sections 16a and 17. 13. The

Schedule is amended by adding the following form: 4

14. Commencement of Act. 5

FORM 2 (Section 28a) NOTICE OF ANNUAL MEETING Notice is hereby given that a meeting of the electors of the County of. ....................... , No ......................... will be held at. ..................... at. ................. o'clock in the ................ noon, the ........................ day of March, 19 ........ , for the discussion of the affairs of the county.

The electors of towns and villages and of rural school districts included in the county for school purposes are entitled to attend to participate in the discussion of school affairs, which will be held immediately after the election of a chairman to conduct the meeting. Dated this .................... day of ................................ , 19 ........ . Secretary~Treasurer 1.4. This Act comes into force on the day upon which it is assented to. 5

No. 133 FIRST S'E,SiSION FIFTEENTH LEGISLATURE 12 ELIZABETH II 1964 BILL

An Act to amend The County Act Received and read the First time Second time 'I'hird time ....................................... . HON. MR. HOOKE Title: 1964 (15th, 1st) Bill 133,

An Act to amend The County Act

Document details

Collection	Alberta — Bills
Citation	L15 S1 1712
Type	bill
Volume / chapter	L15 S1 1712
Language	en
Format	json
Source	PROVINCIAL
Identifier	f2eadad72e40a0a52f72c837aa5c5ffea51cd6e1

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