Bill 34 — Third Session, 17!Th Legislature, 23 Elizabeth Ii the Legislative Assembly of Alberta Bill 34 the Municipal Election Amendment Act, 1974 (Legislature 17, Session 3)

L17 S3 5300

Alberta — Bills

1974 Bill 34 Third Session, 17!th Legislature, 23 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 34 The Municipal Election Amendment Act, 1974 MR. BATIUK First Reading Second Reading Third Reading .............. . Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 34 Mr. Batiuk BILL 34 1974 THE MUNICIPAL ELECTION AMENDMIENT A'CT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent 'Of the Legislativ1e Assembly of Alber1ta, enacts as follows: 1. The Municipal Election Act is hereby amended.

Section 2 is amended by adding the following clause after clause 4: 4.1 "judge" means a judge 'Of the Supreme CQurt of Alberta or a judge of the di,g,tr1ict court in the judicial district w,ithin which a municipality is wholly 'Or mainly s,ituated;

Section 4- is amended by striking out subsection (1) and by substituting the following subsection: 4.

(1) All the provisions 'Of thds Act that apply to vil lages apply to summer villages except that in respect of a summer village (

a) no lislt of electors shall be prepared and sections 98, 99 and 100 do not apply; (

b) the perSQns entitled to VQte at an electiQn are: (

i) every proprietary elector 'Of the full a.ge 'Of 18 years; (ii) the spouse 'Of every proprietary elector, if the spouse is 'Of the full age 'Of 18 years,; (Hi) every 'perSQn of the full age of 18 years not en titled to vote under subclause (i) 'Or (

H) who is a Canadian citizen 'Or Bri1Ji:sh subject whQ has resided in Alrberrita for the six oonsecutive months immediately preceding nomlination day and was resident in the summer village on nominatiQn day; (

c) nominations fQr councill'Ors shall be received by ,the returning officer up to the exp,iration 'Of 'One hour after the commencem'ent 'Of the annual meeting

Explanatory Notes l. This Bill will amend

chapter 245 of the Revised Statutes of Alberta 1970. 2. Definition. 3.

Section '4, subsection (1) presently reads: 4.

(1) All ,the pI"ovisions of thi's Act that apply to villages apply to summer villages, except that in re,speot of a summer vLllage (

a) a list of electors if a vote is required in an ele-ction, shall be prepared by the municipal secretary by a system of re,gistration rather than enumeration and shall contain the names of the proprietary electors, and of those persons who regi.ster unde'r clause (b), ,subc1auses (ii) and (iii), and sections 39 and 41, s'ection 43, subsection (2), se,ction 44 and sections 99 and 100 do not apply; (b) .the persons entitled to vote at an election are: (

i) eve'ry proprietary elector of the full age of 18 years; (ii) the spouse Df eve'ry proprietary elector, if the spouse is of the full age of 18 years and the spouse's name is on the list of electors by reason of registration; and (iii) every person of the full age of 18 years noot entitled to. vote under subclause (1) or (ii) but who is a Canadian citizen or British subject who has resided continuously in the summer village for 12 months immediately preceding polling day and whose name i,s on the list of electors by reason of registration; (

c) regi.s,tration of ,persons under clause (b), subc1auses (

U) and (iii) shall take place during regular office hours in the period com mencing on the first day of January in each year and ending on the first Saturday following nomination day; (

d) nomination for councillors s.hall be re-ceived by the returning officer up to the expiration of one hour after the commen-cement of the annual meeting of the ratepayers, and sections' 51 and 52 and

section 54, subsection (1), clause (b), subclause (

i) do not apply; (

e) polling hours in an ele,ction or in a vote on a by-law or question shall be between the hours of 12 D'clock noon and 9 o'clock ,in the evening, and

section 94 does not apply; (

f) in order to qualify as a councillor, a person is not required to be a resident of othesummer village; (g) .three ,councillors shall be elected annually and shall hold Dffice for a period ,of one year.

of the ratepayers in the year in which an election is to be held, and sections 51 and 52 and

section 54, subsection (1), clause (b), subclause (,

i) do not apply; (

d) polling hours in an election or in a vote on a by-law or question shall be between Ithe hours of 12 o'clock noon and 9 o'dock in the evening, and

section 94 does not apply; (

e) in order to' qualify as a councillor, a person is not required to be a resident of ,the summer vrillage but must have resided in ALberta for the 12 consecutive months imm'edia'tely preceding nomination day. 4. The following

section is added after

section 4: 4. ~

(1) Every proprietary elector and every elector 'Of a summer village shall subscribe to a declaration, in the form prescribed by the Minister, that he is qualified to vote as an elector or as a proprietary elector, as the case may be, and a Iperson subscr1ilbing to. the declaration shall be perm,itted to Vlote.

(2) Ev'ery declaratiDn Ishall be subscr,ibed in the pres ence Df the officer presiding at the poll.

Section 6, subsecUorn (3) is anLended by striking out the words "first Saturday in N Dvember" and by substitut ing the words "third Wednesday in September".

Section 10 is amended (

a) by striking out clause (

d) and by SUbstituting the following clause: (

d) a resident 'Of Alberta for the 12 COIlJs!ecutive mDnths imm·ediiately preceding nominatiDn day and a resident of the city, ,town Dr village :Dor the sli-x consecutive months immediately pre ceding nomination day, (

b) by striking out clause (

e) and by subsUtuting the following clause: (

e) a resident in Alberta for the 12 consecutive months immediately preceding nomination day and a resident in the electoral division of the municipal district for which he ,is· nomdnated fDr the six consecutive months immediately preceding nDmination day, and 2

4. Consequential to amendment to

section 4 of the Act. 5. Consequential to amendment to

section

Section 6, sub section (3) presently reads:

(3) In a municipal distri,ct (not later than six weeks after the first Saturday in November) the reeve shall be elected annually by the councillors from among their own number.

Section 10, clauses (

d) and (

e) presently read: 10. To be eigible to become a member of the council a person must be (

d) a resident of the city, town or village for the 12 consecutive months immediately· preceding nomination day, (

e) a resident in the electoral division of the municipal distriot for which he is nominated for the 12 consecutive months immediately preceding nomination day, and 2

r .

Section 12 is amended . (

a) as to subsection (1), clause (

b) by striking out the words "the council or", (

b) as to subsection (2), clause (

b) by striking out the words "'the council O'r" and by substit,uting the word "a", (

c) by adding the following subsections after subsection (2) :

(3) Notwithstanding subsections (1) a,nd (2) a judge, (

a) whlO has. declared a persO'n to' be disqual ified may reduce the period 'Of disqual:ifi catiO'n, or (

b) to whom application is made under sub secti'On (4), m'ay, UPO'n hearing the alPpli- catiO'n and :such evidence either O'ral O'r by affidavit as he requires, (

i) by O'rder, reduce the periO'd O'f disqual ificatiO'n, O'r (i,

i) refuse the order, with or wi;1Jhout CO'sts. ( 4) A persO'n (Ia) des,cr1ibed in subsection (1), clause (a), or (

b) described in subsectiO'n (2), O'r (

c) whO' was declared disqualified by the coun cil or a judge of the Supreme C'Ourt or a distr:ict 'CO'urt priO'r to' the coming intO' fO'rce O'f this ;subsectiO'n, may apply to' a judge fO'r an O'rder reducing the periO'd O'f dis'qualificatiO'n under this sectiO'n. ( 5 ) An 'alPpeal against the decis!iO'n of a judge under this

section l,ies itO' the Appellate Division O'f the Supreme ClOurt and the pr'O'eeedings appe'rtain ing ithereto sihall be as nearly as possible the same as in an appeal in O'ther cases from a decisliO'n of a judge.

Section 34 is amended as to subsection (1) by striking out clause (

b) and by SUbstituting the following clause.: (

b) he is a Canadian citizen lOr British subject and has resided ,in Alberta for the six consecutive mO'nths immediately preceding nomination day and was resident in the munidpality on nomination day. 3

Section 12 presently reads: 12.

(1) A person having been a member of a council (

a) who resigned his sea.t on the council if the res.ignation would have the effect 'Of him avoiding the mak,ing o.f restitution fOol' any mo.ney received by him in contravention of this Act, or (

b) whOo was declared by the council or a judge to be disqualified is not eligible to be'come a member o,f the same council until after two general eledions have occurred following the date on which he resigned or was declared dis'qualified.

(2) A pe~son having been a member of a council at a time when he was disqualified as a member of the -council because of any matter or thing mentioned in

section 11, but (

a) who did not resign his serut on the council, or (

b) whOo was not declared disqualified by the council or judge becaus.e of that matter or thing is' not eUgible to become a member of the same council until after two general eie,ctions have occurred follow ing the date on which he ceased to be disqualified because of that matter or thing.

Section 314, subsection (1), clause (

b) presently reads: 34.

(1) A person is qualified to vote as an elector for mayor and councillors at an election in a municipality if he i's of the fuU age of 18 years on or before polling day and (

b) he is a Canadian citizen 'Or British s.ubject and has continuous.ly resided in the municipal,ity foQr 12 months immediately p'receding polling day. 3

Section 36 is struck out.

Section 39, subsection (2), clause (

a) is amended by striking out subclause (iii) and by substituting the follow ing subclause: (iii) has Oor will have resided ,in Alberta for the s;ix consecutive months imm'ediately ptreceding nomina'tion day and is Oor ~ill he reslident in the municipality on nominaJtiOon day;

Section 39.1 is amended by adding the following sub

section after subsection (5):

(6) When:a by-law is pas:S1ed under this section, sections 98, 99 and 100 do nOot apply in the municipality.

Section 42 is ame.nded (

a) by striking out subsection (2) and by substituting the following subsection:

(2) The list of electOors shall be arranged alpha betically according to wards or electoral divisions or polling div,is:ions. (

b) by striking out subsections (4), (5) and (6) and by substituting the following subsections: ( 4) Where an elector is resident in a ward or electoral division or polling division, his name shall be entered on the list of electors for that ward or electoral division or polling division.

(5) Where an elector is not resident within the municipality, his name shall be entered on the list of electors for the ward or electoral divis,ion or polling division in which the land in respect of whioh he is qualifired -is situated.

(6) Where an elector who is not resident within the municipality is qualified in respect of land in more than one ward Oor electoral division Oor poHing divilsion his name :shall be entered on the list of electors for the ward or electoral divisiOon lOr polling division, in which his assessment iSI highest, or, in the case of equality of assessment, his name shall be entered on the list of electors for the ward or elec toral division or 'polling dhnision that hears the lower or lowest number, as the case may be. (

c) as to subsection (7) by striking out clause (

b) and by substituting the follow,ing clause: (

b) who have or will have resided in Alberta for the six consecutive months immediately pre ceding nomination day and who were or will be resident in the municipality on nomination day, and 4

Section 36 and

section 42' of the Act are being merged into new

section

Section 316 presently reads: 36.

(1) Where wards or electoral divisions have been established in a municipality, the list of electors shall be arranged alphabetically accoQrd,ing to wards or ele'ctoral divisilOns.

(2) Where an elector is resident in a ward or e,lectoral division, hilS name shall be entered on the list of electors fo'r that ward lOr elec toral division only.

(3) Where an elec,tor is nOit resident in the municipality, his name shall be entered on the list 'of electoQrs for the ward or electoral division in which the land in respect of which he is qualified is situated.

(4) Where an elector who is not res,ident within the municipali.ty is quaHfied in respect of land in more than one ward or electo'ral division, his name shall be entered on the .ust of electors for the ward or eleotoral division in which his assessment is highest, or in the case of equality of assessment, his name shall be entered on the list of electors for the ward 'Or ele,ctoral division that bears the lo.wer or lowest number as' the case may be. 10.

Section 39 (2) (a) (iii) presently reads:

(2) The council may preseribe regulations and forms governing the enumeratioQn .of the eleetors and unlesls otherwis.e provided the enum eration shall be conducted as follows: (

a) in each year in which a vlOte for a general election is required each enumerator shall visit each place of habi<tation in the area assigned to him and shall re,cord the name and address of each person residing therein who (iii) has continuously resided in the municipaI1ty or in an area annexed to the municipality during the period commencing 12 months' immediately preceding the date of the next election and oontinuing tlO the date of enumeration; II.

Section 39.1 presently reads: 39.1

(1) Notwithstanding anything in this Act, a municipality may by by-law provide that it is unnecessary to comple>te a list of electors.

(2) If a council passes a by-law pursuant to subseetion (1) every proprietary electoQr and every ele·ctor shall subscribe to a declaration, in the form prescribed by the Minister, that he is qualified to. vote as an elector or as a proprietary elector, as the case may be, and any person subscribing to the declaration shall be permitted tQ vote.

(3) Every declaration shall be subs:cribed in the pres.ence of the offi,cer presiding at the poll.

(4) A bY-law, pursuant to subsection (1) shaLl be passed not later than ·one week following nomina,tion day and in the case of a vote on a question or by-law not later than three weeks prior to the date fixed for voting IOn the ques.tion lOr by-law.

(5) A by-law passed pursuant to this

section shall remain in effect until repealed.

Section 4!2, subsections (2), (4), ('5) and (7), clause (

b) pres ently read:

(2) The list shall be arranged a,ccording to the polling divisions fixed by the council and the names thereoQn shall be in alphabetical o'rder acoording to each polling divisiQn.

(4) Where an elector is resident in a polling division in the municipal tty his name ,shall be entered IOn the list of electors in that division only.

(5) Where an elector is nQt a resident within the muni,cipality his name shall be entered on the list of electors in the divis.ion in whIch the land in respect of which he is qualified is' situated.

(7) The municipal se'cretary shall also enter upon the the Iislt of electors the names, in alphabetical order, of all persons whose names do not already appear IOn the list but (

b) who have continuously resided in >the municipality or in an area annexed to the municipality during the period commencing 12 months immediately p'receding the date of the next election, and 4

Section 47, subsection (1), clause (

a) is amended by striking out the word "and" and by substituting the words "unless the council directs that a new list of electors be pre pared, and"

Section 51 is amended by str'iking out subsection (1) and by subst,ituting the following: 51.

(1) NominaJtion day for a general election in a city, town, municipal district or village is the third Wednesday in September in the year in which the elec1tion is to be held.

Section 54, subsection (1), clause (

b) is a/mended by striking out subclauses ( i), (ii) and (iii) and by substituting the following subclauses: (

i) that he is eligible to be elected to the office, and (ii) that he will accept the office if elected,

Section 63 is amended by striking out subsect,ion (2) and by substituting the following subsection:

(2) The by-law shall contain the procedures to be fol lowed (

a) in the taking of the votesl by any of the means pro vided in subsection (1), and (

b) in the counting, by machine or otherwise of the votes taken by any of the means provided in sub section (1), which procedures shall as nearly as possible follow the pro visions of this Act.

Section 99, subsection (1), clause (

c) is amended by striking out subclause (ii) and by substit,uting the following subclause: (ii) he has resided in Alberta for the slix consecu rtive months immediately preceding nomination day and was. resident in the municipality on nomination day, 18. The following

section is added after

section 106: 106.1

(1) A council may by by-law provide for the at tendance of deputy returning officers at places IQf residence of electors, during the hours in which an advanced poll is open or such other time as may be fixed by the council, in order to take votes of electors who are unable to attend a polling place or an advance polling place to vote because of physical incapacity.

(2) Where a by-law has been passed under subsection (1), an elector who is unable to attend a polling place or an ad vance polling place to vOlte because of his physical incapacity may apply in writing to the r~turning officer to have a 5

Section 47 (1) (

a) presently reads: 47.

(1) Notw.ithstanding anYithing in this Act or any other Aot, if a by-ele-ction is required or a vote on a question or a by-law is to be held at a date other than ,the date fixed for a general eleotiml (

a) the list of ele-ct,ors prepared pursuant to this Act shall continue to be the list of eleotors until six months prior to the date fixed for polling for the next general election, and 14. To provide that all municipalities, other than summer vil lages, will hold nominations, and subsequent elections (s. 18) on the same dates.

Section 51, subsection (1) presently reads: 51.

(1) Nomination day for a general election (

a) in a city, town or village is the third Wednesday in September, and (

b) in a municipal district is the last Wednesday in October, in the year in which the election is to be held. 15. Eligibility is covered by

section 10 of the Act.

Section 54, subsection (1), clause (

b) presently reads: 54.

(1) Every nomination Oof a candidate for an elective office (

b) shall be accompanied by a written acceptance signed by the person nominated, sia;ting (

i) that he resides in and has. continuously resided in the municipality fOol' the 12 months' immedi3!tely prior to nomina tion day, (ii) that he is qualified to be ele,cted to the office, and (iii) that he wilJ. accept the o,ffice if elected, and

Section 63, subsection (2) presently reads:

(2) The by-law shall contain the procedures to be followed in the taking of the votes by any of the means provided in subsection (1), which procedures shall as nearly as pos'sible foHow the provisions of thts Act.

Section 99, subsection 0), clause (

c) subclause (ii) presently reads: 99.

(1) If a person (

c) whose name is not on the list of electors of the polling division in which he actually resides presents himself for the purpose of voting and claims he is entitled to vote because (ii) he ha's continuous,ly resided in the municipality or in an area annexed to the municipality for 12 consecutive months immed ia.tely preceding election day the deputy returning officer shall place the person's name upon the list and permit him to vote if he takes the oath or affirmation in the pre-scribed form. 18. To provde for the taking of votes of incapacitated electors by the attendance of deputy returning officers at the electors' residence. 5

deputy returning officer attend at his place of residence to take his vote but such application shall be made in the form and within the time fixed by the by-law.

(3) Where the returning officer i.s satisfied that an elector is unable to attend a polling place or an advance poll ing place because of physical incapacity, he shall include that elector's name on a Hsrt to be prepared by him.

(4) The list shall be arranged alphabetically according to wards or electoral divisions and shall contain (

a) the name of each elector, (

b) the addres,s of each elector's place of residence, (

c) an indication aSI to whether the elector is a public or separate school [supporter, (

d) the number of the polling division in which the elector is entitled to vote, and (

e) any other information which the returning officer considers necessary.

(5) When the returning officer has completed the list in accordance with this section, he shall (

a) advise each applicant in writing that his application has been accepted or rej ected, as the case may be, and in the event of rejection, give reasons therefor; (

b) inform electors whose applications have been ac cepted of the approximate time at which the deputy returning officer will attend at the elector's place of residence; (

c) appoint sufficient deputy returning officers to give full effect to the provisions of this sec1tion.

(6) All attendances by deputy returning officers under this

section shall be made during the hours in which advance polls are open or such other time as may be fixed by the council and no vote shall be taken at any other ,time.

(7) All proceedings that, in the opinion of the returning officer, are necessary or expedient to give full effect to the provisions of this

section shall be deemed Ito be authorized notwithstanding any inconsistencies that may arise be tween this

section and any other provision of this Act.

(8) Where there are wards or electoral divisions in a municipality, the deputy returning officer shall maintain separate ballot boxes for each ward or electoral division of the municipality.

(9) A by-law passed under this

section shall remain in force until repealed. ( 10) All the provisions of this Act apply, so far as they are applicable, to the taking of votes under this

section and to all proceedings in connection therewith or incidential thereto. 6

19. The following

section is added after

section 155: 155.1

(1) Where, under

section 155, the City of Calgary and a school board in the City of Calgary are using the proportional representation system of voting, the council may by by-law and the school board may by resolution dis continue the use of that system.

(2) A by-law or resolution under subsection (1) does not require the as;s!ent of the electors.

(3) Upon the passage of a by-law or resolution under subsection (1), ballots for the next ensuing general elections and by -elections shall be marked in accordance with this Act or The School Election Act, as the case may be. 20. The Municipal Government Act is amended (

a) as to

section 10, subsection (1) by striking out clause (a), (

b) as to

section 34 by striking out subsection (1) and by substituting the following subsections: 34.

(1) At a general election in a municipality the mayor and councillors shall be elected for a three year term of office.

(1.1) The term of office of the mayor and coun cillors, except in the case of summer villages, shall (

a) commence at the organizational meeting of the council following the general election, and (

b) unless their office is sooner vacated, continue to the organizational meeting of the council following the next ensuing general election. 21. This Act comes into force on the day upon which it is assented to. 7

19. To enable the City of Calgary and the Calgary Public and Separate School Boards to discontinue using the proportional rep resentation system.

Section 15'5 presently reads: 155. Notwithstanding anything in this Act or The School Election Act, a s'chOiol board in the CHy of Calgary, and the Ctty of Calgary may c.on tinue to have and toO exercise the power of (

a) arranging the list of proprietary electors in alphabetical order foOr the dty as a who,le in lieu of arranging it in alphabetical order accoOrding to each polling division, and (

b) using the prop.ortional represen.tatioOn ,systems and such of the existing election praotices and procedure,s as are required to implement or are re,lated or incidental to the proportional repre senta;tion system for the ele,ction of mayor, alde.rmen and school trustees. 20. 'Consequential to amendment to

section 4 of The Municipal Election Act.

Section 10, subsection (1), clause (

a) and

section 34, subsection (1) of The Municipal Government Act presently read: 10.

(1) All the provisions of this Act that apply to villages apply toO Summer village's, excep,t that in a summer village (

a) three councillors shall be elected annually, 34.

(1) At a general electioOn in a munietpality, other than a summer village, the mayor and councillors shall be elected £o'r a three year term to hold office. (a)commenmng at the organizational meeting .of the council fol lowing that general election, and (

b) unless their .office is sooner vacated, continuing to the organiza, tional mee'ting of the council follQlwing the next ensuing general election. 7 Title: 1974 (17th, 3rd) Bill 34, The Municipal Election Amendment Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5300
Type	bill
Volume / chapter	L17 S3 5300
Language	en
Format	json
Source	PROVINCIAL
Identifier	f7119181d42837a3306386e3c7b083bf3a881238

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