Bill 13 (Legislature 3, Session 3)

L3 S3 10227

Alberta — Bills

BILL No. ];) of Hllf>.

An Act to amend The Edmonton Charter. (Assented to HH5.)

WHEREAS a petition has been presented by the City of Edmonton praying for the amendment of The E'dmonton Charter; And

whereas it is reasonable that the prayer of the said petition should be granted; Therefore His Majesty, by and with the advice and con sent of the LegiRlat.ive AsRembly of the Provi~ce of Alberta, enaets as follows: 1. There il:l hereby constituted and established a board for the control and management of the police force of the city, to be known as the Board of Police for the City of Edmonton. Such board shall consist of- (

a) The senior judge of the District Court of the .Judicial District of Edmonton; (

b) The mayor of the City of Edmonton; (

c) The police magistrate for the city, acting m the central police court.

(2) In case of the illness or absence of the said judge, the judge of the said court next in point of seniority shall during such illness or absence act in his place.

(3) In case of the illness or absence of the mayor, the deputy mayor of the city for the time being shall act in hifl place.

(4) In case of the illness or absence of the said police magistrate, the police magistr,ate acting in the South Edmonton police court shall fill his place. (.5) The council shall provide for payment to the mem bers of the said board of an allowance of $5.00 each for each meeting attended, but such allowance shall not exceed in the aggregate the sum of $250 per member annually. 2. The board of police may employ a secretary or ekrk, at a reasonable salary, to attend to the official business of the board, and such salary shall be provided and paid b~' the C<HITH'iJ. a.

The board of police shall have power to summon and examine witnesses on oath on all matters connected with the ad,ninistration of their clutieR, and shall have the Rame power to enforce the attendance of such witnesRes and to compel them to give evidence as is vested in any court of law in civil cases. A notice to attend before the board shall be sufficient if ::;igned by any member of the hoard.

(2) No party or witness shall be compelled to answer any question his answering to which might render him liable to a criminal prosecution. 4. The board of police shall annually at itR first meeting held after the mayor of the citv baR taken his oath of office clr:c~t its own ch~~,irmau. v

(2) A majority of the board :;;hnJI constitute a quorum, and the acts of a majority shall be considered acts of the board. 5. All meetingH of the board of police shall be open to the press and public unless otherwi:-;e decided by the board. 6. The police force of the city ,;hall consist of a chief constable and as many constables and other officers and assistantR as the board may from time to time deem necessary. 7.

Thf~ Jllcmbers of the police forre Rhall be appointed by and hold their offices at the pleasure of the board, and shall take and subscribe the following oath before one of the board who shall ha\'e power to administer the same: "1,. . . , do swear that I will well and truly Rene Our Novereign Lord the King in the office of police conHtable of the City of J~dmonton, without favour or affcetion, malice or ill will; and that I will to the best of my power eau:-;e the peace to be kept and preRerved, and will prevent all offences against the persons and the properties of HiH Majesty's subject::;, and that while I continue to hold the Haid office I will to the best of my Rkill and knowledge faithfully discharge all the dutieR thereof according to law." 8.

Every constable so appointed shall have all the powcn; of a constable appointed under the provisions of

chapter 7 of the Ntatutes of Alberta, 1 H09, but, it shall not be necessary for any constable appointed under the JWOYisions of this Act to be reappointed annually but he ::;hall be a con::;table so long as he remains a member of the said police force. !), The board of police shall forthwith after appointing fWf'ry eOJIHtahiP or other mcm hf'r of the polif~e force send a notice of such appointment containing the name and addres::; of the person so appointed to the Attorney General of the Province of Alberta, and shall send a like notice of all retirements or dismissals of members from said force. 10.

The board shall from time to time make such rules and regulations as they may deem expedient for the govern ment of th~ police force, for preventing neglect or abuse, and for renderi11g the force efficient in the di::;charge of itH duties, and may impose penaltieR and punishment for any breach or neglect of such regulations. 11.

The constables all(l other members of the police force shall obey all lawful directions of and be subject to the government of the board; and they Hhall be charged with the Rpecial duties of preserving the peace, preventing robberies and other crimes and offences ineluding offences againRt the eity by-laws, and of apprehending offenders, and laying information before the proper tribunal and prosecuting and aiding in the prosecution of offenders, and shall have generally all the powers and privileges and be liable to the duties and responsibilities which belong by law to constables duly appointed. 12.

The hoard shall allllually in the hPginning of .Janumy prepare and submit to the council detailed estimates of

3 its expenditure and revenue for the ensuing year, specifying in particular any expenditures which are met wholly or partly from other and from what sources, and the council shall take such e:-;t,inmtes into cou:-;idemtion and afLer adjusting the same with the board shall provide for the payment of such stmts as the connc~l shall dPPrn TJPc~ps:-;ary, so far as the same are payable by the city. 13.

The council may in its discretion appropriate any sums necessary and pay for the protection, defence or indemnification of members of the police force in proper cases where suits or prosecutions are brought against members of the force and costs are necessarily incurred and damages recovered, and where the board of police certifies to the council that the case is a proper mw for sueh payment or indemnity. 14. AU fees of office received or other emoluments pay able to any salaried constable shall be paid to the treasurer of the city for the use of the city. Hi.

By striking out the words "police force, fire brigade and other," in the sixth line of

section 41, and by adding after the word "services" in the seventh line thereof the words "of the city, with the exception of the police force." 16. By repealing sections 83 and !)0 inclusive and :-;ub stituting therefor the following provision:-;: 11 LIST OF ELEC'l'ORS. "83. The persons entitled to vote at any election shall Electors be those persons whose names appear on the last revi:-;ed list of electors, which shall be prepared annually aR herein- after provided. "84. The list of electors shall include: II (

a) All persons, both male and female, being British Qualifications subjects by birth or naturali~ation, of the full age of twenty-one year:-;, who have, for the six month:-; i,nmediately precediug the fin;t day of .June in the year for which the li:-;t is being pre- pared, continuously resided or had their fixed and permanent domicile in the City of Edmonton; ''(

b) All pcn.;ons, both male and female, being British subjects by birth or naturalization, of the full age of twenty-one years, who are assessed on the revised assessment roll for that year; and "(

c) All banks, incorporat~d companies and cm·por ations assessed on the said revised assessment. roll: Provided that every such person, bank, company or corporation Rhall, before being enrolled and as a condition of enrolment on the list of electors, have been duly registered as an elector in terms of the provisions of the next following section; and provided als.o, that where real property iR owned by two or more persons and is assessed in their joint names, each of them shall be deemed to be asRessed within the meaning of this Act. . "85. The council shall, at or before its first meeting ~e~~~t;:;;~n m May in each year, appoint a registrar of electors (who

4 may be the city assessor), and shall for the purpmw of registration divide the city into as many l'('gistrnJion districts as may he thought expedient. "

(2) Tlc registrar shall, after notice tlH reof published on tJ1e principal door of the city hall or civic buildings during the last two weeks of May, and by advertis('mEmt in at least three issues of a daily newspapn- or newsparwrf' published in the city during the said two weeh, eau;-:e to be open0cl and to he kept OJWll undPr the ehnrge of a cmn pekut ollicPr ,a boot.b or oflice for the registration of dedors, in each registration district, and also a central reg,i,.,tration office ov<:T which he himself shall pre:-:ide, during the wholP of the first week in .June, between the hours of !l a.m. and 9 p.m. of each day except Sunday. "

(3) All persons duly qualified under the provif'ionf' of the preceding ~ections who appear in person at the regis tration office for tl:e registration district in wl ich tlwy reside, or in the case of nonresident property owners at the central registration office, during the pm iod aforesaid, shall upon making before the officer in charge of such registration office (who is hereby authorized and empowered to administer the same) an oath, affirmation or solemn declaration that he or she is so qualified, be entitled to be registered as electors, and the registrar shall place or cau!-'e to be placed the names and addreRses of all such persons on the list of electors for the registration district in which he or she reside!', and in cases of nonresident property owners for any (but not more than one) registration district in which he or she is assessed, and in the case of banks, incorporated companies or corporations for the registratim1 district in which such bank, company or corporation haf' its chid office or place of buRiness in the city; provid0d that in the cac;e of any bank, incorporated company or corporation the application for registration as an eledor may be made by the chief officer thereof having his fixed residence in the city for the time being, and in voting the vote of Ruch bank, company or corporation may be giv('ll by Rueh chief officer; and whenever it is necessary to administer to such officer any oath under the provisions of this part of this Act, the form set out in

section 271 of this Act may be used with such modifications as may be necessary. " ( 4) Every day except Sunday during the last week of .June between the hours of

f) a,m. and H p.m. the registrar, after due notice thereof published and advertised in rrmnner above provided during the second and third weeks of June, shall keep open the said central registration office, and also a registration office in that part of the city which lies south of the North Saskatchewan River, for persons residing or aRsessed in that part of the city, at which persons duly qualified, who have previom:ly failed to appear for registration, may upon making oath, affirmation or solemn declaration as above mentioned, he registered as electors for their appropriate registration districtR in manner aboYe provided.

" ( 5) As soon as the registration of electors has been completed, and not later than the seventh day of ,July, the rrgifltrm shall deliver or tntnf'mit to the eity assessor the listr-; of registered electors arranged in their respective registration districtr-;, together with the whole of the electors' declarations, and the assessor shall keep the f'aid declarations filed so long as the list of electors to which they relate if' in force.

5 "8() From the H'tid lists the asspssor sh•tll JH'CJ1t1rc the Prcpnmt,ion e ~ I ( I II I ' ( I I ' 1 I I ( ,• ( ' 1\1\Cl puhlic•nt.ion list of dcdorr;, :tl'l'lUli!;Cd in their appropriate polling su\;- "[ li•t of divisions to be fixed by the council as hereinafter provided e ectors undu

section 93, each subdivision by itself in alphabetical order, stating the place of residence or address of each elector in the case of persons, and in the case of banks, incorporated companies and corporations the chief office or place of lmsiness in the city. "

(2) Typewritten copies of the list of elector:-; with the next two following sectiom; prefixed thereto shall thereupon be posted up at the principal door of the city hall or civic offices, and in five other conspicuous and public places in t}w city, on or before the thirty-first day of .July. Notice of such poRting shall be published once in each week for two succeRsive weeks in a daily newspaper or ncwspnpers published in the city. "87.

Any person who is otherwise duly qualified, but corrections whose name does not appear on the list of electors, or whose of list name has by reason of a1ny error, omission or inadvertence heen omitted from the assessment roll, may either by himself, or in the case of a bank, company or corporation by its chief officer resident in the city, apply to have the list amended by giving to the assessor a notice that he intends to apply to the city commissioners to have his name added to the list of electors and stating his qualifi cations.

Any pemon whose name appears on the list of electors and who challenges or takes objection to the name of any other person appearing on such list, on the ground that Ruch other person is not duly qualified to be an elector in tennR of this Act, may apply by similar notice to the assessor to have the list of electors amended by Htriking out the name of such other person, stating in such notice the grounds of his challenge or objection to the qualifications of such other person.

Notice of such challenge or objection shall be immediately sent by the assessor to the person challenged or objected to if living, and if dead or alleged to he dead he shall require adequate proof of Uw df'ath to be furnished. "88. Notices may be given to the assesr;or under t.he Notire to preceding Hection by sending the same to him by registered <tsscssm post, or serving the sa~ne upon him in the way service is usually effected, and such notices may be so given on or lwfore the fomteenth clay of August in any year. "8!).

On ()]' lwfore t,lw fifteenth day of August the asses~mr List of -:-;hall make a liHt of all applicants for amendments of or to applieation• the list of electors Htating the names and grounds of each of such applications, and shall poRt the same in a con spicuous place in his oJliee, a])([ he shall immediately t.hen'- after by advertiRement in one or more daily new~'<r)apers published in the city, give public 11otiee of the time and place fixed by the commissioners for hearing such appli cations. ''no.

Not lntPI' than the twentieth day of August in Conrt o[ each year, the eonnnisHionen; Hhall meet as a court of rcvieion revision on the list of electorR and shall then hear and deter- mine all applicntions of which notice has been given to the assessor as hereinbefore provided; nnd in which the applicant.R shall appear hPfore them in p<'rson, and th<' asspssor shall tiH'n~upon :lllH'JHI the list. of eledors in all

cases provided for by

section 87 hereof, as may be right: "Provided always that au appeal may be taken by any person dissatisfied with the decision of the commissioners to the council by delivering to the assessor a written notice within three days frcm tl:e decision of the conunissioncrs, and the council shall decide the matter of the said appeal at its next meeting thereafter.

" "The list of d0dors shall be finally n~viscd nnd shall he corrected by the aHscssor in accordance with the decisions of the commissioners and the council, and shall when so revised and corrected be printed not later that the thirtieth day of September, and shall be the list of electors of the city, and shall remain in force until a new list of electors has been prepared and finally revised." 17. By changing the words "vokr" nnd "voters' list" whcreV('r they ()(~cur in

part IV of the said charter to ''elector'' and ''list of electorH '' rctspeetively. 18. By striking out the worJs "ward or" in the fourth I i IH~ of scetiou ] 1 .S. W. By repealing seetionH 12() and 127 and suhHtituting the following

section therefor: , "126. Every elector. may vote only in the polling sub division in the electors' list for which his name appears, or in the ca:-:e of electorH whose names are added at the poll on the as:-;cfisor's certificate in purHtmnee of

section 92, in the polling subdivision in which lw re'lides or is as::;essed, or in the case of such elector being as~e!5t~f)d in more than one polling subdivision, in one only of such polling subdivisions. Eueh elector shall have one vote for mayor, and one vote for rach alderman to be elected." ~W. By repPaling

section 251 of the said eharter and subHtituting therefor the following new section, and by substituting the words "list of. burgPsses" for "voters' list'' wherever thev occur in the sectionH of the said charter relating to voting' on referred by-laws: "251.

For the~ purpose of taking the votes of t.he bur gesses on any by-law requiring the aHscnt. of t.lw burgesses, the a~sessor shall dming the month of .July in (~ach year prC:'pnre a list of t.he burgesses entitled to vote, and shall pla<'e thereon all persons, both male and female, of the age of twenty-one years, and all hanks, incorporat.Gd eompn.ni0s and corporations who are in eaeh ease assessed on the rm·ised assessment. roll for the year then current. in respeet of lands of the assessed vnlue of $200 and upwards; provided that any tSuch bank, company or corporation shall have the Hanw number of votes according to the value of the property for whieh it is assessed as nn indi vidual would have if a:-;sesscd for t.he !"ame property, which vote or \·otes may he given by t.he ehief offic~Pr t.hC'reof in the city as in the ease of voting in elections.

"

(2) The provisions of sections 8() to \)2 inclusive and regarding the preparation, publicaticm, correction and printing of t.he list of electors, so far as the same are applic able, shall 11/illlllli>: ·fmttandis be applicable to the list of hurp;cssc>s." 21. By striking out the word "or" after "sweeping" in paragraph ( 1) of

section 404 and inserting the words "or lighting" aftcr the word "watering'' thcrein.

No. 13 THIRD LEGIHLA'l,URE 5 GEORGE V 1~15 BILL

An Act to amend The Edmonton Charter. Received and read the First time .......... . Second time .............. . Third time .. HoN. C. W. CRoss. EDMONTON: J. W. JEFFERY, Government Printer A. D. 1915. Title: 1915 (3rd, 3rd) Bill 13,

An Act to amend The Edmonton Charter

Document details

Collection	Alberta — Bills
Citation	L3 S3 10227
Type	bill
Volume / chapter	L3 S3 10227
Language	en
Format	json
Source	PROVINCIAL
Identifier	f42c7f75bba4f1ccae824b188bd16897866a3e39

Source file is stored in the law ingest library (json).