Bill 76 (Legislature 10, Session 3)

L10 S3 7509

Alberta — Bills

BILL No. 76 of 1946

An Act Respecting the Rights of Alberta Citizens. (Assented to ,1946.)

WHEREAS Canada has fought in two world wars for the declared purpose of assuring a democrati,c society in which all men would have an opportunity to enjoy a free and abundant life including a measure of social and economic security compatible with the extent of our material resources and the productive capacity of our people; and

Whereas the second world war, like the first, will have been fought in vain unless, having defeated the forces of military tyranny, the Canadian people now proceed to win the peace by so ordering their internal economy that the free dom and security for which they fought may be experienced in reality by all of our citizens; and

Whereas it is the sacred duty of the Canadian people to keep faith with the thousands who sacrificed their lives for this purpose and with their comrades-in-arms who were as sured that this time their sacrifices would not be in vain; and

Whereas the Province of Alberta possesses all the human and material resources necessary to provide for its citizens the material security essential to the enjoyment of personal freedom; and

Whereas The British North America Act imposes upon the Province the constitutional responsibility of providing its citizens with an -opportunity to realize and enjoy their prop erty and civil rights; and

Whereas the· discharge of the Province's responsibility necessitates the recognition of certain -basic rights and responsibilities of citizenship and requires that its citizens have the necessary aC,cess to their resources .so that they may produce the goods and services they require and provide for their equitable distribution in a manner that will ensure to all an opportunity to obtain social and economic security with personal freedom; and

Whereas the control of policy with respe,ct to the issue, use and withdrawal of credit primarily determines the extent to which the citizens of Alberta may develop and enjoy the use of their resources and therefore must be a function of the electorate of the Province to be discharged on their behalf by their democratically elected representatives;

Now therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

2 1. This Act may be cited as "The Alberta Bill of Rights Act." 2. In this Act unless the context otherwise requires,- (a) "Citizen of Alberta" means a British subject resid ing in Alberta whose permanent place of residence is in Alberta, and who has resided in Alberta fo.r a period of not less than twelve consecutive months; (b) "Educational benefits" means,- (

i) the opportunity to acquire a public and high school education without cost to the student, his parents or guardian; (ii) the opportunity by means of scholarships and grants to acquire university or o.ther specialized training in cases where a student qualifies on the grounds of outstanding ability and aptitude; (c) "Gainful employment" means any legitimate occu pation as may be from time to time determined by the Lieutenant Governor in Council and from which a person derives an income; (d) "Medical benefits" means all necessary hospital, medical, surgical and dental care and any other care given by a recognized health practitioner without cost to the person receiving the same or if the person is a minor without cost to his parents or guardian; (e) "Minister" means the Provin,cial Treasurer; (f) "Social Security Pension" means the payment to individuals, as herein provided, of claims on goods and services within the limitations of the natural resources of the Province and the productive capa city of the people, to ensure an annual income of not less than six hundred dollars a year for every single citizen of Alberta nineteen years of age and over; Provided, however, that in the case of married persons, for the purpose of determining the amount of .the payment to. either spouse, th~ income of the two spouses shall be considered as if it were their j oint income.

PART 1. RIGHTS OF CITIZENSHIP. 3. It is hereby declared that every citizen of Alberta shall be free to hold and cherish his own religious convictions and to worship in accordance with the dictates of his own con science. 4. It is hereby declared that every citizen of Alberta shall be entitled to enjoy freedom of expression provided that he does not violate the defamation laws in force in the Province or The Criminal Code of Canada.

3 5. It is hereby declared that every citizen of Alberta shall be free in associatiDn with other citizens, to assemble for any lawful purpose in accordance with the laws in force in the PrDvince. 6. It is hereby declared that every -citizen of Alberta shall be free to' engage in the work of his .chDice which may be available to' him within the Province. 7.

It is hereby declared that every citizen of Alberta shall be free to acquire land and enj oy the use of his home "and property without interference Dr molestation, sO' long as he conforms to the laws in force in the Province fDr safeguard ing the lives, property and personal rights of other citizens. 8. It is hereby declared that every .citizen of Alberta shall be free to do or refuse to do any act or thing within the limi tations of the laws in force in the Province, provided that thereby he does not infringe upon the same right of any other citizen. 9.

It is hereby deciared that every -citizen of Alberta' of not less than nineteen years Df age and not more than sixty years of age is entitled as a right of citizenship to,- (

a) the opportunity to' engage in gainful employment; Dr (

b) if gainful employment is not available, to a social security pension. 10. It is hereby declared that every citizen of Alberta under nineteen years of age is entitled as a right of citizen ship tD,- (

a) the necessities of life adequate to ensure health and physical well-being; (

b) educational benefits; (

c) medical benefits. 11. It is hereby declared that every citizen of Alberta who has reached the age of sixty years is entitled as a right of citizenship to retire from gainful employment and upon retirement to receive,- (

a) a pension of such amount as may from time to time be authorized by

an Act of the Legislature, provided that such pension shall not be less than the current amount of the social security pension; (

b) medical benefits. 12. It is hereby declared that every dtizen of Alberta who becomes physi,cally disabled and unable to engage in gainful employm·ent is entitled tD,- . (

a) it sDcial security pension; (

b) medieal benefits.

4 13. In cDnsideration of the fDregoing rights of citizenship it shall be the duty of every citizen Df Alberta to. discharge faithfully his responsibilities as an elector and citizen Df Alberta, to observe and comply with the laws Df the Parlia ment of Canada and Df the Legislature of Alberta and Dther laws in force in the Province, to. respect the rights Df Dther citizens, and to exercise his initiative and enterprise in pro mDting the spiritual, cultural and material welfare of the Province. POWERS OF THE LIEUTENANT GOVERNOR IN COUNCIL. 14. The Lieutenant GDvernor in CDuncil is hereby auth orized and empowered by order,- (

a) to. specify and classify Dccupations cDming within the meaning of gainful employment fDr the purpose Df this Act; (

b) to. enter into. agreements with the Government of Canada or of any Province Df Canada Dr with any person, corporation o.r Drganization which may be deemed necessary to. carry Dut the intent and pur pose of this Act; (

c) to. make rules and regulations gDverning the deter mination of any question which may arise under this Part. and the prDcedure to. be adopted in such deter minatiDn, and in particular but without limiting the generality of the foregoing, with respect to,- (

i) the qualifications and eligibility o.f any person for s'chool, high school or university or other specialized training hereunder; (ii) the availability of gainful emplDyment to any pe-rSDn; (iii) the eligibility Df -any person for a social security pension and medical benefits; (iv) the eligibility of any person to. receive a pen sion upon reaching the age of sixty years; (

v) Eubject to the Dther provisiDns Df this Part, the amDunt Df the pension to be' paid to an eligible person.

PART II. CONSTITUTION AND FUNCTIONS OF BOARD OF CREDIT COMMISSIONERS. 15. In this Part, unless the context otherwise requires,- (a) "Alberta Credit Certificates" means certificates issued to. credit institutions authDrizing a corre sponding amDunt of credit deposits and issued in such form and in such denominations as the Board may specify fDr the purposes Df carrying into. effect the provisions of this Act.

6 (b) "Board" means the Board of Credit Commissioners as herein provided. (c) "Consolidated Credit Adjustment Fund" means a a fund of credit deposits operated by the Board of Credit Commissioners in accordance with the pro visions of this Act. (d) "Credit" means the monetary evaluation of the capa city of the people of the Province to produce and distribute goods and services as when and where required. (e) "Credit deposits" means deposits of credit which ha ve been made available to persons as claims on goods and services and in respect of which credit institutions have no. .corresponding reserve of cur rency. (f) "Credit Institution" means any person, corporation or organization whose main business is dealing in credit by keeping accounts of customers' credit de posits, transferring credit deposits from the account of any customer to any other person, exchanging credit deposits for currency or making credit de posits available to customers; but shall not include any person, corporation or organization whose main business is the production or distribution of goods or the rendering of any service to the public which is not concerned mainly or exclusively with dealing in credit deposits; and likewise shall not include the Bank of Canada or credit unions operating pursuant to The Credit Union Act. (g) "Currency" means coins, Dominion notes, Bank of Canada no.tes and bank notes circulating in Canada and legally recognized as money under The Currency Act, The Bank of Canada Act and The Bank Act. (h) "Purchasing Power" means the currency and credit deposits which are available for the purchase of goods and services by ultimate consumers. 16.-

(1) For the purpose of carrying out the provisions of this Act, the Lieutenant Governor in Council shall appoint a Board of Credit Commissioners, of not more than five per sons who shall be responsible to the Minister for discharging the duties assigned to them under this Act.

(2) The Lieutenant Governor in Coun.cil shall designate the Chairman of the said Board and shall fix the remunera tion of all the members of the Board.

(3) The members of the Board appointed pursuant to subsection (1) shall hold office during good behaviour and shall be removable for cause by the Lieutenant Governor on address of the Legislative Assembly. 17.-

(1) The Board shall have authority to license all credit institutions in the Province and with the approval of the Lieutenant Governor in Council to fix the fees and make regulations regarding the issue, cancellation and re newal of such licenses.

(2) Every credit institutiQn 'Operating :within the PrQ vince shall within Qne mQnth 'Of this Act coming into. fQrce make applic.atiQn for a license frQm the BQard.

(3) In the event of any credit institutiQn within the PrQvince failing to. cQmply with subsecti'On

(1) Qf this sectio.n or Qperating without a license issued by the Board, the BQard or its duly authQrized agents, with the apprQval to. the Lieutenant GQvernQr in Council, may enter the premises Qf such institutiQn and assume full cQntrQI and management Qf its business Qn behalf Qf its directQrs and sharehQlders : PrQvided, however, that nothing herein cQntained shall be deemed to. empower the BQard to. take over Qr interfere with any QperatiQns which the credit institution is authQrized to. perfQrm by virtue Qf the prQvisiQns 'Of The Bank Act nor to. impair in any way the deposits any person may have with the credit institutiQn; nQr to interfere with any such perSQn in dealing with his depQsits in any way he may deem prQper. 18.-

(1) The BQard shall establish and maintain a prQper accounting Qf the estimated ,capitalized prQductive resources Qf the PrQvince expressed in mQnetary terms, being the estimated capitalized valuation Qf its credit, to be knQwn as the Capital Assets AccQunt Qf Alberta, which shall in clude withQut distinctiQn as to. public Qr private Qwnership, an estimated valutiQn Qf the eCQnQmic reSQurceS Qf the PrQvince, and withQut limiting the generality Qf the fQre going, shall in,clude,- (

a) the natural reSQurces Qf the PrQvince, bQth develQP ed and undevelQped; (

b) buildings, plant, .cQmmunicatiQn and transPQrtatiQn systems and Qther public utilities; (

c) the capitalized productive ·capacity Qf the peQple Qf the PrQvince,- all of which shall be shQwn as capital assets Qf the PrQvince.

(2) Claims Qn gQQds and services issued against the cap ital assets Qf the PrQvince, in the fQrm Qf currency or credit depQsits held by the peQple of Alberta, shall be shown as a liability.

(3) The BQard may, with the apprQval Qf the Lieutenant GQvernor in CQuncil make such regulations as may be neces sary fQr the ·collectiQn Qf infQrmatiQn relating to the prQduc tiQn, purchase, sale or the disPQsitiQn Qtherwise of goods and services within the PrQvince. It..

The BQard shall establish an aCCQunt to. be knQwn as the Consolidated Credit Adjustment Fund and with the apprQval Qf the Lieutenant GovernQr in Council, the Board shall issue to. such fund against the Capital Assets AccQunt Qf Alberta credit deposits in such amQunts as may frQm time to time be required as a reserve for maintaining a balance between the aggregate pur.chasing P'Ower of the peQple Qf the PrQvince and the estimated collective prices

7 of goods and services for sale within the Province and for providing for their equitable distribution, having due regard to all the factors involved. 20.-

(1) From the Consolidated Credit Adjustment Fund the Board shall, with the approval of the Lieutenant Governor in Council, transfer to the General Revenue Account of the Province such amounts of credit deposits and in such manner as may be required f.or the following purposes, namely,- (

a) payment of sO,cial security pensions; (

b) payment of educational benefits; (

c) payment of medical benefits; (

d) reduction of taxation; (

e) grants to educational, health or municipal authori ties; (

I) the reduction of retail prices to consumers by means of subsidies.

(2) For the purpose of effectively controlling and regulat ing the issue and withdrawal of credit deposits within the Province, the Board, with the approval of the Lieutenant Governor in Council, shall issue to licensed credit institutions Alberta Credit Certificates in such amounts and on such terms as the Board may deem advisable in order to enable such credit institutions to issue credit deposits to customers over and above the deposits against which a reserve of cur rency is held, and the amount of Alberta Credit Certificates so issued shall be debited to the Consolidated Credit Adjust ment Fund. 21.

The allocation of purchasing power from the Con solidated Credit Adjustment Fund shall not ex~eed such aggregate amount as may be required from time to time to bring the total purchasing power .of the people of the Pro vince into balance with the estimated collective prices of the goods for sale within the Province. 22.-

(1) Should the aggregate purchasing power of the people of the Province at any time exceed the estimated collective prices of the goods for sale within the Province, it shall be the duty of the Board to report the extent of this condition immediately to the Lieutenant Governor in Coun cil, together with a recommendation for its correction.

(2) Upon the receipt of such report and recommendation the Lieutenant Governor in Council shall take steps forth with to retire such excess, purchasing power by one or more of the following steps: (

a) direction to the Board to withdraw Alberta Credit Certificates in whole or in part from licensed credit institutions on a pro ra,ta basis; (

b) the reduction or withdrawal of subsidies being paid to reduce the retail prices to consumers as herein provided;

8 (

c) an increase in taxation for transfer to the credit of the Consolidated Credit Adjustment Fund subject to the approval of the Legislature; (

d) the reduction of social security pensions as herein provided.

(3) Upon the withdrawal of such excess purchasing power the Board may cancel in the Consolidated Credit Ad justment Fund the amount of credit deposits so withdrawn or any part thereof. 23. The Board shall from time to time and at least once every three months, report to the Minister upon,- (

a) the extent to and the manner in which the credit of the Province is being utilized; (

b) the extent to which such credit in use is adequate or otherwise for the unrestricted. production and equitable distribution of the goods and services re quired by the people of the Province; (

c) the extent to which the aggregate purchasing power of the people of the Province is adequate or otherwise to purchase the total goods and services for sale wi thin the Province; (

d) any action required to be taken for the purpose of balancing the aggregate purchasing power of the people of the Province with the ~ollective prices o.f goods and services for sale within the Province and for the purpose of providing for the equitable dis tribution of such goods and services. 24.-

(1) Every licensed credit institutio.n shall keep and operate the accounts of its customers, and arrange for the transfer of credit deposits fro.m one account to. another account in such manner and by such instruments as the Board may from time to time direct and the Board and its duly authorized agents shall at all times have access to the books, records and accounts of such credit institutio.ns, and every member of the Board o.r its autho.rized agents having access to such records shall take and be bound by an oath of se'creey properly executed before a person authorized to administer oaths within the Pro.vince.

(2) The Board may require every licensed credit institu tion to hold against all or any credit depo.sits of ~ustomers, not being deposits against which a reserve of currency o.f an equivalent value is held, Alberta Credit Certificates of an agzregate value not exceeding the aggregate value of such credit depo.sits.

(3) In the case of any credit institution licensed to operate within the Province, having branches and operating outside the Province, the proportion of its reserves of currency to its total deposits within the Provinces shall be deemed to be in the same ratio as its total reserves of currency to its total deposits in Canada.

(4) The Board may direct that any balance due by one credit institution to another credit institution on account of any transfers of credit deposits between their respective customers shan be settled by the transfer of Alberta Credit Certificates of a corresponding value. 25. With the approval of the Lieutenant Governor in Council, the Board may make regulations not inconsistent with this Act as to the Board seem necessary for carrying out the provisions of this Act and fDr the administration thereof, and such regulatiDns shan be published in The Alberta Gaze'tte and upDn being so published they shall have the same force and effect as if they had be'en enacted as a part Df this Act. 26.-

(1) Any credit institution within the Province found guilty of violating any of the prDvisiDns of this Part or any regulations made thereunder shall be liable to the cancellation of its license, and in additiDn thereto. shan on

summary conviction be liable to. a fine not exceeding Dne thousand dollars. (,2.) Any perSDn Dther than a credit institution who vio lates any of the prDvisions of this Part Dr any regulation made thereunder shall on

summary cDnviction be liable to a fine nDt exceeding one thousand dollars or Dne year's imprisonment Dr both. 27. Notwithstanding the prDvisions of any other Act of the Legislature all taxes, fees, dues and Dther payments thereunder may be made by the transfer of credit deposits in the forms and in the manner pres·cribed by the Board from time to time. 28.

This Act shall come into. fDrce Dn a day fixed fDr that purpose by Proclamation of the Lieutenant GovernDr in Council, but no such Proclamation shall be made until after the question of the validity of this Act has been referred to. the Supreme CDurt of Alberta pursuant to. the provisions of The Constitutional Questions Act, and it is certified upon any such reference that this Act is valid, and if no appeal is for the time being pending, until the time for giving any notice of any such appeal has elapsed.

No. 76 THIRD SESSION TENTH LEGISLATURE 10 GEORGE VI 1946 BILL

An Act Respecting the Rights of Alberta Citizens. Recei ved and read the Firsttime ....................... . Second time ................ . Third time ....................................... . HON. MR. MANNING. EDMONTON: A. Shnltka, King's Printer 1946 Title: 1946 (10th, 3rd) Bill 76,

An Act Respecting the Rights of Alberta Citizens

Document details

Collection	Alberta — Bills
Citation	L10 S3 7509
Type	bill
Volume / chapter	L10 S3 7509
Language	en
Format	json
Source	PROVINCIAL
Identifier	f5032b2105e915883ab4fcd8cb09562c904b1852

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