1984 BILL 74 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 74 MUNICIPAL DISTRICT OF CLEARWATER NO. 99 INCORPORATION ACT MR. CAMPBELL First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 74 Mr Campbell BILL 74 1984 MUNICIPAL DISTRICT OF CLEARWATER NO. 99 INCORPORATION ACT (Assented to . 1984) TABLE OF CONTENTS Defiiutions Creation of Municipality Change in status Forest fire protection Public highways Land use Assessment and taxation Transitional Coming into force

Schedule

Definitions Creation of Municipality HER MAJESTY, by and vvith the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "coimcil" means the council of the Municipality; (b) "Minister" means the Minister of Municipal Affairs; (c) "Municipality" means The Municipal District of Clearwater No. 99. 2(1) The reeve and councdlors and aU other electors within that part of Alberta described in the

Schedule are a corporation with the name "The Municipal District of Clearwater No. 99".

(2) Except as provided in this Act, the Municipality is a municipal district for all purposes as though it had been formed by an order of the Lieutenant Govemor in Councd under the Municipal Govern­ ment Act.

(3) This Act applies to the Municipality notwithstanding anything in the Local Authorities Election Act, Municipal Government Act, Mu­ nicipal Taxation Act or any other Act or law relating to municipaU- ties.

(4) Nothing in this Act shall be construed as precluding the annexa­ tion of land to, or the removal of land from, the Municipality, or a change of corporate status ot the Municipality. Change in status 3(1) In subscctions (2)(

c) and (3), "ministerial order" means an order of the Minister made pursuant to any Act or regulation that applies to or relates to Improvement District No. 10.

(2) When this Act comes into force, (

a) Improvement District No. 10 is dissolved; (

b) each employee of the Govemment employed in Improve­ ment District No. 10 whose salary is paid from money referred to in

section 10(1) ofthe Improvement Districts Act continues as an employee of the Municipality until the council otherwise di­ rects; (

c) subject to subsection (3), a ministerial order in effect in Im­ provement District No. 10 immediately before the commence­ ment of this Act continues to be in effect in the Municipality as though it were a by-law of the council, until the council, by by­ law, provides that the ministerial order ceases to be in effect in the Municipality; (

d) subject to subsection (3), any agreement entered into by the Minister that relates to Improvement District No. 10 is binding on the Municipality, as far as practicable, as though the Munici­ pality had replaced the Minister as a party to the agreement; (

e) aU taxes due to the Minister in respect of Improvement Dis­ trict No. 10 shaU be deemed to be arrears of taxes due to the Municipality and may be collected and dealt with by the Munic­ ipality as if it had imposed the taxes; (

f) subject to the Limitation of Actions Act, aU rights of action and actions by or against the Crown in right of Alberta may be continued or maintained by or against the Municipality if the cause of action arose in Improvement District No. 10 and relates to the administration by the Minister of any municipal matter relating solely to the improvement district; (

g) aU assets, liabilities, whether arising under a debenture or otherwise, rights, duties, functions and obligations ofthe Minister in respect of Improvement District No. 10 are vested in the Mu­ nicipaUty and may be dealt with in its own name; (

h) a reference to Improvement District No. 10 or to the Minister or the Crown in respect of Improvement District No. 10 in any order, regulation, by-law, certificate of tide, agreement or other instmment shall be deemed to be a reference to the Municipality.

(3) The Minister may, by order, exempt any ministerial order from the operation of subsection (2)(

c) or any agreement from the opera­ tion of subsection (2)(d).

(4) If a question arises as to whether (

a) a right of action or action is one to which subsection (2)(

f) applies, or

Forest fire protection Public highways Land use (

b) an asset, Uabdity, right, duty, function or obligation is one to which subsection (2)(

g) applies, the Minister shall decide the question.

(5) The Lieutenant Govemor in Council may direct that any land in the Municipality under the administration ofthe Minister and owned by the Crown in right of Alberta be transferred by way of gift to the Municipality. 4(1) In this section, "forest protection area" means the forest protec­ tion area designated under

section 39 of the Forest and Prairie Pro­ tection Act.

(2) Subject to subsection (3), the council may not make by-laws with respect to fires in the part ofthe Municipality that is within the forest protection area.

(3) The council may make by-laws with respect to fires other than forest or mnning fires in hamlet areas within the forest protection area. (4) Sections 4(2) and (3), 7 and 19(2) ofthe Forest and Prairie Pro­ tection Act do not apply to the council with respect to that part of the MunicipaUty that is within the forest protection area. 5(1) In this section, "forest reserve" means the Rocky Mountain Forest Reserve constituted as a forest reserve under the Forest Re­ serves Act.

(2) For the purpose of the Public Highways Development Act, the Minister of Transportation is the road authority for and has the di­ rection, control and management over all roads within the part of the Municipality that is within the forest reserve.

(3) With respect to roads that are in a part of the MunicipaUty out­ side the forest reserve, (

a) from the commencement ofthis Act until April 1, 1986 or an earlier date that may be agreed to by the council and the Minister, the Minister of Transportation has the direction, control and management of those roads, and (

b) on and after April 1, 1986, or the date agreed to by the coun­ cil and the Minister under clause (a), as the case may be, the coimcd has the direction, control and management of those roads, other than primary highways as defined in the Public Highways Development Act.

(4) The council and the Minister of Transportation may enter into agreements in relation to constmction and maintenance of any roads within the MunicipaUty. 6(1) Notwithstanding

section 3(2)(

c) and the Planning Act, the Plan­ ning Act does not apply to the use of Crown land located in that portion ofthe Municipality within the area described in a regulation under subsection (2).

(2) The Lieutenant Govemor in Council may make regulations de­ scribing the area referred to in subsection (1). Assessment 7(1) Notwithstanding

section 27 ofthe Municipal Taxation Act, for and taxation ^j^g purposc of taxation in 1985, the council shaU adopt the assessed values ofthe property within the Municipality as made in 1984 by the assessor for Improvement District No. 10.

(2) Subject to

section 34 of the Municipal Taxation Act. the councd shaU continue to use the values adopted under subsection (1) until a general assessment is carried out in the Municipality. Transitional 8 The pcrsons appointed to the Advisory CouncU for Improvement District No. 10 by order of the Minister dated November 19, 1983 shall be deemed to be the council of the Municipality untd a new council is elected under the Local Authorities Election Act. Coming 9 This Act comes into force on January 1, 1985. into force

SCHEDULE THE MUNICIPAL DISTRICT OF CLEARWATER NO. 99 Area as of January 1,1985 Commencing at the southeast comer of township 31, range 8, west of the 5th Meridian; then westerly along the southem boundary of township 31 to the intersection of the east boundary of the Banff National Park; then northerly along the east boundary of the Banff National Park to the intersection of the southem boundary of the Jasper National Park; then northerly along the southem boundary of the Jasper National Park to the intersection ofthe south bank ofthe Brazeau River; then northerly along the Brazeau River to the inter­

section ofthe north boundary of township 43, range 20; then easterly along the north boundary of township 43 to the uitersection of the west boundary of range 18; then northeriy along the west boundary of range 18 to the intersection ofthe north boundary of township 44; then easterly along the north boundary of township 44 to the inter­

section of the east bank of the North Saskatchewan River; then northerly along the North Saskatchewan River to the intersection of the east boundary of range 8; then southerly along the east boundary of range 8 to the intersection ofthe north boundary of township 44; then easterly along the north boundary of township 44 to the inter­

section ofthe east boundary of range 5; then southerly along the east boimdary of range 5 to the intersection of the southeast comer of

section 24 of township 43; then westerly along the southeast comer of

section 24 and its production to the intersection of the southeast comer of

section 21; then southerly from the southeast comer of

section 21 and its production to the intersection of the northwest comer of

section 3 of township 42; then easterly along the northwest comer of

section 3 and its production to the intersection of the east boundary of range 5; then southerly along the east boundary of range 5 to the intersection ofthe north boundary of township 41, range 4; then easterly along the north boundary of township 41 to the north­ east comer of

section 33; then southerly to the southeast comer of

section 33; then easterly to the northeast comer of the northwest quarter of

section 26; then southerly from the northeast comer ofthe northwest quarter of

section 26 and its production to the southeast comer ofthe southwest quarter of

section 11 of township 41; then westerly from the southeast comer ofthe southwest quarter of

section 11 and its production to the southeast comer of

section 8; then south­ erly from the southeast comer of

section 8 and its production to the intersection of the northwest comer of

section 16 of township 40; then easterly to the northeast comer of

section 16; then southerly to the southeast comer of

section 16; then easterly to the northeast comer ofthe northwest quarter of

section 10; then southerly to the northeast comer of the southwest quarter of

section 34 of township 39; then easterly to the northeast comer of the southeast quarter of

section 34; then southerly to the northwest comer of

section 23; then easterly to the northeast comer of

section 23; then southerly from the northeast comer of

section 23 and its production to the north boundary of township 38; then easterly along the north boundary of township 38 to the northeast comer of the northwest quarter of sec­ tion 36 of township 38; then southerly from the northeast comer of

the northwest quarter of

section 36 and its production to the north­ east comer of the northwest quarter of

section 13; then easterly to the east boundary of range 4, township 38; then southerly along the east boundary of range 4 and its production to the intersection ofthe southeast comer of

section 36 of township 36; then westerly from the southeast comer of

section 36 and its production to the intersection ofthe west boundary of range 4; then southerly along the west bound­ ary of range 4 to the intersection of the northwest comer of

section 6 of township 36; then easterly from the northwest comer of

section 6 and its production to the northeast comer of

section 4; then south­ erly from the northeast comer of

section 4 and its production to the intersection of the east bank of the Red Deer River; then southerly along the east bank of the Red Deer River to the intersection of the east boimdary of range 5, township 34; then northerly along the east boimdary of range 5 to the southeast comer of the northeast quarter of

section 13 of township 34, range 5; then westerly from the south­ east comer of the northeast quarter of

section 13 and its production to the intersection of the southwest comer of the northeast quarter of

section 17; then northerly to the northwest comer ofthe northeast quarter of

section 17; then westerly from the northwest comer ofthe northwest quarter of

section 17 and its production to the intersection of the northeast comer of

section 15 of township 34, range 6; then southerly to the southeast comer of the northeast quarter of

section 15; then westerly to the southeast comer ofthe northwest quarter of

section 15; then southerly to the southeast comer of the southwest quarter of

section 15; then westerly to the southwest comer of

section 15 of township 34, range 6; then southerly to the southeast comer of the northeast quarter of

section 9; then westerly to the southeast comer of the northwest quarter of

section 9; then southerly to the southeast comer of the southwest quarter of

section 9; then westerly from the southeast comer of the southwest quarter of

section 9 and its production to the southeast comer of the southwest quarter of

section 12 of township 34, range 7; then southerly to the southeast comer ofthe northwest quarter of

section 1; then westerly from the southeast comer of the northwest quarter of

section 1 and its pro­ duction to the intersection of the west boundary of range 7; then southerly along the west boundary of range 7 to the northwest comer of

section 30 of township 33; then easteriy to the northeast comer of

section 30; then southerly from the northeast comer of

section 30 and its production to the northwest comer of

section 5; then easterly to the northeast comer of

section 5; then southerly to the intersection ofthe north boundary of township 32; then easterly along the north boundary of township 32 to the northeast comer of

section 33 of township 32; then southerly to the northeast comer of

section 21; then easterly to the intersection ofthe east boundary of range 7; then southerly along the east boundary of range 7 to the intersection of the east bank of the Red Deer River, then westerly along the east bank ofthe Red Deer River to the intersection ofthe east boundary of range 8; then southerly along the east boundary of range 8 to the point of commencement. Title: 1984 (20th, 2nd) Bill 74, Municipal District of Clearwater No. 99 Incorporation Act