BILL No.2 of 1945.

An Act to amend the Acts and Ordinances constituting the Charter of the City of Calgary. (Assented to , 1945.) WHERAS the City of Calgary has prayed for certain amendments to Ordinance 33 of 1893, of the N orth­ West Territories and amendments thereto; And

whereas it is expedient to grant the prayer of the said petiti.oner; Therefore His Majesty, by and with the advice and con­ sent.of the Legislative Assembly of the Province of Alberta, enacts as follows: Ordinance 33 .of 1893, North-West Territories and amend­ ments thereto is hereby amended as follows: 1. By adding to Subsection 1 of

Section 4 the following: "Provided that no member of the Calgary School Board shall be eligible to be elected to the City Council, and if any member .of the School Board intends to be a candidate at the civi,c elections for a seat on the City Council he shall satisfy the City Clerk that he has resigned his position .on the School Board thirty (30) days at least prior to nomina­ tion for Alderman for the City Council. This provision shall apply mutatis mutandis to any Alderman who may seek a seat on the Calgary School B.oard."

Section 5, subsection (

a) of the said Ordinance 33 of 1893 is hereby 'amended by adding after the word "City", in the third line of the said subsection, the words "not including the Business Assessment Roll". (

b) By adding to

section 5, subse·ction (a), the following proviso.: "Provided that the names .of no property owners or busi­ ness taxpayers shall be entered on the Voters' List if they are under the age of 21 years." (

c) And by adding at the end of subsection 2 of said

section 5 the following subs,ection (e) : " (

e) Any person whDse name is on the Business Assess­ ment Roll and whose name is not included on the Voters' List may apply to the City Assessor for a Certificate to that effect, and the said applicant shall be entitled to. vote at any electiDn for Mayor, Alder­ man, Commissioner or School Trustees on present­ ing such Certificate to the Deputy Returning Officer at Poll No. 1 in the City Hall."

2 3. By striking out subsection 10 (

c) of

section 9 and substituting therefor the fO'lIowing: "(

c) Provided that any Deputy Returning Officer, Poll Clerk, Special CQn~table, or other ElectiO'n Officer appointed by the Returning o ffi,cer, actually em­ ployed as such upon the day of an Election, may, if qualified to' vote at such Election, record his or her vote in the polling divisiO'n in which he is sO' acting as Deputy Returning Officer, Poll Clerk, Special Constable, or other ElectiQn Officer appointed by the Returning Officer." 4. By adding after the wO'rd "determine", in the seventh line of SectiO'n 35, the fO'IIO'wing SubsectiO'n (b) : " (

b) In case any land and the buildings O'r improvements thereO'n are O'wned by different persO'ns, the buil9- ings O'r improvements :shall be assessed to' the owner or O'ccupier thereO'f and the land to the owner there­ of." 5.

By adding to SectiO'n 37 the fO'lIO'wing subsectiO'n 37 c : "37c: The City O'f Calgary shall have PO'wer by by-law O'r resO'lutiO'n to' take all prO'ceedings, make all expenditures and dO' all O'ther things that may be necessary to' implement the prO'visions of The Veterans' Land Act of the Dominion O'f Canada for the establishm,ent O'f veterans O'n lands within the City O'f Calgary and for that purpO'se to make all neces­ sary Agreements with the DO'rriinion GO'vernment O'r the PrO'vincial GO'vernment or any O'ther person or cO'rpQratiO'n, and may a,cQuire any land O'r real prO'perty, ne'cessary there­ fO'r by purchase, gift, or O'therwise, and by exprO'priation proceedings pursuant to' the prO'visiQns O'f the City Charter regarding exprO'priation of land and real property.

And the CO'uncil may provide fO'r a tax as'sessment O'n any property established under the said Act for the use of veterans, within the City of Calgary, fO'r 'a fixed annual tax O'n such land which fixed assessment Qr tax may be lower than that prevailing in the rest O'f the City, and such assessment or tax to apply during :such period not exceeding fifteen (15) years as the CO'uncil may determine." s.

That sectiO'n 47 be amended by adding thereto the fO'llowing: "A nd provided that in the case where any land and the buildinQ"S thereO'n are owned bv different persO'ns and asses,sed in that manner, the buildings, sO' assessed shall for the nurposeR O'f cO'llection of taxes be deemed to be chattels, whether affixed to' the land O'r nO't." 7. That sectiO'n 90, subsectiO'n (2), be amended by adding theretO' the following subsection (g): "(

g) The City Clerk may strike from the Voters' List the names of any persO'ns who annear to' be deceased by O'bituary nO'tices in the public press, or from

3 information derived from the Registrar of Vital StatIstIcs, or from such other reliable information as he may decide." 8. That subsection <

f) of

section 94 be struck out and the followIng subStItuted therefor: "<

I) When the name of any person has been registered as d.uly quallfIed, to vote as an adult British subject of the City of Calgary for the required period, such name shaH be placea on the Voters' List of the said City for the year in which such regIstration was made, and shaH remain therein untIl such time as it may be removed under the provisions· of the Cal­ gary City Charter." 9. Subsections (

j) and (

k) of

section 94 are hereby repealed.

Section 117 of the said Ordinance is hereby amended by adding thereto the following subsection 86 (b) : "86 (

b) Notwithstanding anything contained in this Ordinance and amendments thereto, or in any By-law of the City of Calgary, or in The Early Closing Act, or in The Hours of Work Act, or in The Industrial Relatio'(l)S Act, the Council may by By-law require that Garages and Gasoline Service Stations shaH be and remain closed for the service of customers' for such hours during the twenty-four hours of the day as the Council may determine.

And the said By­ law may provide for the enforcement of its provisions and for penalties for infraction thereof, and such other provi­ sions as the said Council may determine to effectually carry out the provisions of the said By-law. "Provided that there shall be filed with the City on any application for exercise of the power hereby conferred on the Council a Petition or Petitions praying for such amend­ ment, containing the signatures of at least two-thirds of the owners, lessees or occupants of the Garages, or Service Stations, and also two-thirds of the employees of the said Garages, or Service Stations.

Each signature to the said Petition shall be duly verified by the Statutory Declaration of- an attesting witness thereto, and the decision of the Council as to whether the PetLtion or Petitions are properly or sufficiently signed shall be conclusive." 11. By adding to

section 166 the following: "For the purp9ses of this

Section the amount of the Debenture debt of the City at any time outstanding in respect of Public Utilities, of the City shall be deemed to be the aggregate amount of Debenture debt contracted for such purposes from time to time, less the 'aggregate of the amounts applied from time to time as shown by the records of the City out of revenues from such Public Utilities in payment of the principal of any Debentures issued by the City; and the amount of the Debenture debt of the City at

4 any time outstanding in respect of Local Improvements, other than the City's share thereof, shall be the aggregate amount of the Debenture debt created for Local Improve­ ments less the City's share thereof and less the aggregate of the amounts applied from time to time, as shown by the records of the City, out of the proceeds of special frontage assessments levied for such Local Improvements, in payment of the principal of any Debentures issued by the City." 12. By adding to

section 290b the following clause: "The City Clerk or his Deputy ,shall, in addition to the Affidavit in this paragraph referred to, require from such applicant any other proof of the identity of the said appli~ant that he may consider necessary." 13. By adding thereto the following

section 344: "344. Any by-law passed by the Council in the exercise of any of the powers conferred by and in accordance with this Act and in good faith shall not be open to question or be quashed, :set aside, or declared invalid, either wholly or partly, on account of the unreasonableness or supposed unreasonableness of its provisions or any of them." 14. This Act shall come into force ·on the day on which it is assented to. .

FIRST SESSION TENTH LEGISLATURE 9 GEORGE VI 1945 BILL

An Act to amend the Acts and Ord­ inancesconstituting the Charter of the City of Calgary. Recei ved and read the First time ......................................... . Second time ........................ . Third time ....................................... . MR. A. DAVISON. EDMONTON: A. Shnitka, King's Printer 1945 Title: 1945 (10th, 1st) Bill 2,

An Act to amend the Acts and Ordinances constituting the Charter of the City of Calgary