Bill 123 (Legislature 12, Session 1)

L12 S1 6791

Alberta — Bills

No. 123 of 1953 A BILL TO AMEND THE IMPROVEMENT DISTRICTS ACT, 1947 NOTE This Bill amends The Improvement Districts Act 1947 being

chapter 9 of the Statutes of Alb€rta, 1947. ' ,

Section 2 is amended. Amendments are made to the defini tions of the terms "farm purposes" and "parcel" to obtain uniformity with

section 2 of The Assessment Act.

Section lIb is amended. The purpose of this amendment is to cl'arify the situation aris'ing out of the reduced rates hospitalization schem,e. Where there is a purchaser of pro perty, he only is entitled to the hospital benefits for which the property is taxed; where ownership of land changes after the taxes for the year have been paid the new owner is entitled to the benefits of the hospitalization scheme. Both results are clarifications of the present provisions.

Section 12, subsection (2) is amended. The Minister only has authority to impose taxes in school districts which requis;ition him for money.

Section 13a is amended to provide that where a man and wife Are joint owners of property they shall not each be re quired to pay the minimum hospital agreement tax, but only one of them need pay it.

Section 23, subsection (1) is amended. The Act in its pre sent form speaks of taxes as being of several kinds, as- Municipal tax, School tax, Hospital tax, etc. All taxes now are amalgamated into one levy and it is necessary therefore to make reference to the tax on a parcel as it is not possible to select a tax when all taxes are amalgamated.

Section 25, subsection (1) is amended for the purpose of discontinuing the use of words which no longer apply to the Act."

Section 26, sub8'ection (1) is repealed as it is now ob solete.

Section 37 is amended to delete restrictive wording so as to bring the

section in line with sections 38 and 39. Section-38 is amended for clarification.

Section 44, subsection (1) is amended to provide refer- ence to the proper Act. .

Section 45 is amended to provide for the nlaking of hospi tal agreements with a hospital in the Northwest Terri tories. This arrangement is necessary by reason of the fact this hospital is the only one available to residents in the ex treme northeast of the Province. This Bill comes into force upon assent. 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. 123 of 1953

An Act to amend The Improvement Districts Act, 1947 (Assented to ,1953) HER MA~ES~Y, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows: 1. The Improvement Districts Act, 1947, being

chapter 9 of the Statutes of Alberta, 1947, is hereby amended.

Section 2 is amended

Section 2 amended (

a) by adding at the end of clause (

h) the words "and beekeeping" ; (

b) by adding immediately after subclause (iii) of clause (

p) the following new subclause: "(iv) where a building has been erected on two or more lots, all such lots;". 3.

Section lIb is amended by adding immediately after

Section llb subsection (4) the following new subsections: amended "

(5) For the purpose of a hospital agreement entered Persons en- . t d thO t' h th . titled to In 0 un er IS sec lOn, were ere IS an owner or owners hospital and a purchaser or purchasers of real property or of any benefits share or interest therein, the only person or persons entitled to the benefits of the agreement by reason of being liable to pay taxes in respect of such property, "(

a) shaH be the purchaser or purchasers, if any, en titled to the possession of the property, or of any share or interest therein, or " (

b) shall be the owner or owners thereof, if there is no such purchaser or purchasers. "

(6) Where the assessment and tax roll shows that any real property has been assessed in the name of a person who was the owner or purchaser of property and that his name has been struck off and replaced in the roll by the name of another person who subsequently became the owner or purchaser of the property, " (

a) the person whose name has been struck off the roll shall be deemed not to be the person liable to pay taxes under subclause (

i) of clause (a) .of sub section (1) in respect of that pr.operty from the date his name is replaced on the roll by the name of another, and

Section 12 amended

Section 13a amended

Section 23 amended Applica tion of tax payments

Section 25 amended

Section 26 amended

Section 37 amended

Section 38 amended

Section 44 amended 2 " (

b) the person whose nam·e has been entered on the roll shall be deemed to be the person liable to pay taxes under subclause (

i) of clause (

a) of subsec tion (1) in respect of that property from the date his name is entered on the roll to replace the name of the previous owner or purchaser, whether or not the taxes on the property have then been paid." .

Section 12, subsection (2) is amended by adding im mediately after the words "of any" the word "requisition ing".

Section 13a is amended (

a) by 'renum,bering the

section as subse,ction (1); (

b) by adding immediately after subsection (1) the following new subsection: "

(2) Notwithstanding the provisions lof sub section (1), when the names of two persons appear upon the assessment and tax roll as joint owners of real property and each of such persons is the spouse of the other, one only of such persons shall be liable to pay the minimum tax for the purpose of the hospital agreement.".

Section 23 is amended by striking out subsection (1) and by substituting the following: "32.

(1) Upon receiving payment of any taxes, the Deputy Minister, upon the written request of any person who pays only a portion of the taxes due by him, shall cause such person to be credited in th~ assessment and tax roll a'S having paid the taxes on such parcell or parcels as the person may select, but if arrears of taxes are due on the parcel or parcels so selected in respect of which payment is made, the taxes received shall first be applied in payment of the arrears against the parcel or parcels selected.".

Section 25, subsection (1) is amended by striking out the words "timber berth,", wherever they occur.

Section 26 is amended by striking out subsection (1).

Section 37 is amended by striking out the words "on the.ground that the property sold belonged to him or that he was entitled by lien or other right to the surplus".

Section 38 is amended by adding immediately after the word "person" the words "in respect of".

Section 44, subsection (1) is amended by striking out the words "The School Act, The School Taxation Act," and by' substituting the words and figures "The School Act, 1952".

3 1'2.

Section 45 is amended (

a) by adding at the end of clause (

a) of subsection (3) the words "a'nd includes the General Hospital at Fort Smith, Northwest Territories"; (

b) by adding immediately after subsection (9) the following new subsection: "(9a) Notwithstanding subsection (9), the Min ister of Public Welfare may enter into an agree ment with the General Hospital at Fort Smith, Northwest Territories, for the purpose of providing hospital treatment for indigent sick persons who are residents of an improvement district, in the same manner and under the same conditions as if the said General Hospital were an approved hospi tal under the provisions of The Hospitals Act."

Section 45 amended 13. This Act comes into force on the day upon which it ~o~~ng into is assented to. '

No. 123 FIRST SESSION lWELFrH LEGISLA 11JRE 2 ELIZABETH II 1953 BILL

An Act to amend The Improvement Districts Act, 1947 Received and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. MR. GERHART. Title: 1953 (12th, 1st) Bill 123,

An Act to amend The Improvement Districts Act, 1947

Document details

Collection	Alberta — Bills
Citation	L12 S1 6791
Type	bill
Volume / chapter	L12 S1 6791
Language	en
Format	json
Source	PROVINCIAL
Identifier	f58c25cd23e2886b65469498b9be1b2c94da753e

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