Bill 12 (Legislature 11, Session 4)

L11 S4 6923

Alberta — Bills

Bill No. 12 of 1951. A BILL RESPECT'ING CITIES. NOTE. This Bill introduces a new Act to be known as tiThe City Act". At present the laws relating to the cities are contained in the seven city ,charters. These charters are found in a long series of private Acts and amendments, which in some cases extend back beyond the formation of the Province to the Ordinances of the N orth- West Territories. In the char ters many provisions are obsolete and amendments made over a long period of years have introduced provisions which are conflicting and contradictory.

Some of the char ters and many of the amendments are out of print and presently unobtainable. The expense and difficulty involved in preparing and printing a consolidation or in getting an up to date revision passed by the Legislature does not appear to be warranted for each individual city. Consequently, the city solicitor and one or more civic officials may be in pos session of the only up to date copies of a city charter in existence.

This situation makes it extremely difficult for the public at large, members of the legal profession, and others dealing with the cities to know or find out what the law governing the cities is. At present if, due to ,changing conditions, the cities in the Province require some new power, each of the seven cities has to ·incur the expense and trouble of preparing and advertising a charter amendment and the LegisI.ature has to deal with seven private bills. Frequently one or more of the cities already has the powers that from time to time the others find they require and are asking for by way of charter amendment.

Ea'ch of the seven charters deals in general with the same subjects. Each charter contains provisions dealing with assessment, taxation, local improvements, debenture ,borrowing, elections, voting on money by-laws, the powers and duties of the council, the appointment of the city clerk, city treasurer, assessor and other officials and employees, etc. In the majority of the subjects dealt with the provi sions of the various charters are similar, having only minor variations, ·and in many instances they are identical.

Generally speaking all cities in Alberta are faced with the same problems and have to provide the same services

ii to their inhabitants. To enable cities to perform their functions and duties they should have the same rights and po,vers. There is a considerable and increasing demand for a City Act which would be uniformly applicable to all cities in the Province and which would be readily available to the public.

As a public Act of the Province, applicable to all cities, there would be sufficient demand to warrant the regular printing of office consolidations and revisions in corporating amendments n1ade from time to time and cities would also be relieved of the responsibility and expense of seeking amendments by private Bills. In 1942 consideration was given to the drafting of one Act which would be applicable to all cities along the lines of the existing City Act in Saskatchewan and similar legis lation in Ontario.

As it was a task of some magnitude the cities agreed with the Province to defer the matter until after the war. In 1947 the proposal of a City Act was approved in principle by the cities and the Province was requested to proceed with the preparation of a draft Act. In informal discussions between the cities and the Minis ... ter and other officials of the Department of Municipal Affairs it was agreed that The City Act should not deprive a city of any of its existing powers.

It was recognized, however, that for the sake of uniformity many matters of procedure and practi,ce would require modification or varia tion. The powers given to the council in each of the seven -charters have been checked repeatedly and all have been included in

Part VI of this Act as far as possible. These powers are largely permissive and frequently they are expressed in this Act in briefer and more general terms which enables a wider exercise of dis,cretion by the council. Accordingly, most cities will find they have greatly ex panded powers which they may exercise under this Act. It was agreed that the form of government should be sufficiently elastic to permit a city, in its discretion, to have one or more city commissioners or a city manager. This has been provided for in

section 4, subsection (1), clause (

g) and in

section 42. It was also agreed by the cities that uniformity of prac ti,ce was desirable in certain particulars such as assess men'ts, qualification for membership on the council, qualifi cations for voting, procedure where the validity of elections is contested and tax -recovery procedure. In such cases, where differences existed between cities, normally this Act adopts the practice presently followed by the maj ority of the cities.

In the matter of assessments of buildings and improve ments, the cities strongly favoured uniformity in the per centage of the assessed value to be adopted for purposes of taxatio? so that no city will have any undue advantage in attractIng new business or industry.

Section 463 provides

iii that sixty per cent of the fair actual value of buildings and improvements shall be the assessed value for purposes of taxation. Edmonton is the only city that now differen tiates between the assessment of residential and other buildings. Although this assessment differential is re-. moved,

section 738, which is a special provision applicable to Edmonton only, enables the city to obtain revenue from residential buildings and from other buildings in exactly the same amounts and proportions as heretofore, notwith standing the change to a sixty per cent assessment on all buildings. It was felt that the same qualifications should entitle a person to vote or to be elected to office in all cities. This is provided for in

Part IV dealing with ele.ctions. Where the validity of an election is contested The Con troverted Alunicipal Elections Act, which already applies to all towns, villages and municipal districts in the Province and to all cities incorporated after 1912, is made applicable to all cities by this Act rather than repeating the details of the procedure in this Act. Similarly, The Tax Recovery Act, which already applies to all towns, villages, municipal districts and improvement districts in the Province and to four of the cities, is made applicable to all cities by this Act.

Administrative procedures in the various cities under the various charters and amendments differ in numerous details and particulars. It did not appear to be practicable or possible to provide numerous alternative procedures for performing the same administrative acts or a,chieving the same ultimate result. Accordingly, each city will find it necessary to make some concessions and adj ustments which will be more or less extensive, dependent on the extent to which its individual practice varies from the majority. These variations in no way affect or prejudice the over-all powers and duties of cities contained in

Part VI but they may necessitate adjustments in some administrative pro cedures and the duties and practices of some civic officials. The cities and their administrative officials recognize that such adjustments are inevitable if a City Act is to be passed. Their co-operation in the preparation of this Bill indicates that they appreciate that it is in the best interests not only of the cities but of the public generally that such concessions should be made.

To facilitate the transition with a minimum of change and inconvenience, it is proposed to bring The City itct into force on the first day of January, 1952, to enable civic officials to familiarize themselves with the new Act and to work out necessary administrative details. Similarly, sec tion 4 provides for the continuation of existing by-laws and resolutions which are to be administered by the same executive and administrative officials who are to exercise the same powers and duties in the same manner and to the same extent as they presently do.

iv C~rtain c~ti.es particularly requested that exceptions· or specIal provIsIons be made to· enable· them to continue cer t~in unusual privileges or practices which theyhaveexer~ Clse~ ?r enjoyed for a considerable period. These special prOVISIons and exceptions applicable to certain cities have been included in

Part XIII and the general provisions of this Act are varied in so far as is necessary to give effect to them. A rough draft of the proposed City Act was sent to the city solicitor of ea,ch of the cities and to the Board of P~b1ic Utility Commissioners on the 23rd of September, 1949, and their suggestions and criticisms were invited.

This draft was suhsequently dis'cussed for two days at a meeting held in the office of the Minister of Municipal Affairs on the 18th and 19th of October, 1949, which was attended by ten solicitors representing the cities, the Board of Public Utility Commissioners and the Province, and by officials of the Department of Municipal Affairs. The majority of the suggestions made by the -city solicitors at that meeting were incorporated in a revised draft prepared for intro dU,ction at the 1950 session of the Legislature.

Several hundred copies of this draft dated November 21st, 1949, were distributed to city councils, civic officials, and other interested bodies and groups. In January, 1950, another meeting was held in the office of· the Minister of Municipal Affairs which was attended by the city solicitors of the various -cities and by several of the mayors and councillors. This meeting agreed on a number of ,changes in the draft Act which have now been included.

The meeting also requested the Minister to delay introduction of the Bill to the Legislature for one year to give the cities' civic administrative officials more time to study the provisions of the draft that affected their admin istrative duties and procedures and to make recommenda tions for changes in these provisions. The request for a one year delay was granted. The Minister of Municipal Affairs advised the representatives of the cities that a second revised draft of The City Act incorporating all ehanges agreed to up to that date would be prepared and distributed to the cities by the end of May, 1950.

He requested that meetings of the civic administra tive offi,cials be held throughout the year to study this draft and advised that any procedural change and any other change requested and approved by the representatives of the maj ority of the cities would be made in the draft so long as the change did not conflict with the basic points where uniformity in principle had already been agreed upon. As a result, numerous meetings of civic officials were held throughout the year. The city assessors met in Calgary Once and in Edmonton once to prepare their requests for changes.

The city solicitors met again on two different o,ccasions. Meetings were also held by the city clerks and

v by the city financial men, including the treasurers, comp trollers and commissioners, etc. Many of these meetings were also attended by officials of the Department of Munici pal Affairs. Each meeting submitted a number of requests for changes which had been agreed upon by a majority of the -cities represented. All these requests were studied by appropriate provincial officials, including members of the Department of Municipal Affairs, the Alberta Assessment Commission, the Board of Public Utility Commissioners and the Legislative Counsel, etc., depending on the nature of the subject.

Practically all of the recommended changes have been included in this Bill and the careful study given to the draft provisions of The City Act by the various groups of civic officials has resulted in substantial improve ment to the sections concerned. For convenience of reference the Act is divided into Parts and classified under headings as set out in

section 5. There are thirteen Parts each dealing with a separate and distinct subject. The Parts themselves are further sub divided by Divisions, headings and subheadings. By re ferring to

section 5 you can find the approximate location and the

section number of the subject matter in which you are interested. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 12 of 1951.

An Act Respecting Cities. (Assented to , 1951.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

PART I. INTRODUCTORY. Short Til11e. 1. This Act may be cited as "The City Act".

Interpretation.

Short title 2. In this Act, unless the context requires,- ~~~iition (a) "board" means the board of police commissioners "board" appointed pursuant to

section 81; (b) "business" includes business, trade, profession, "busintss" oc,cupation, employment or calling; (c) "buildings and improvements" and "improvements" "buil.dings means all buildings or any part of any building and ~~gv~~-ents" all structures and fixtures erected upon, in, over, ?:~d ffi h I d · nnprove- under or a xed or attac ed to any and an In- ments" cludes all machinery, equipment and appliances which constitute an integral part of the building or other structure; . (d) "closed" means not open for the serving of custom- "closed" ers or the receiving of orders from customers; (e) "council" means the mayor and aldermen; "council" (I) "elector" means a person qualified to vote for "elector" mayor and. aldermen pursuant to the provisions of

section 98; (g) "first election" means the first election of mayor "first and aldermen in a -city held after the formation of a election" town into a city pursuant to the provisions of this Act and any subsequent election held prior to the completion of the first voters' list; (h) "fixtures" as employed in the definition of build- "fixtures" ings and improvements for assessment purposes in- cludes only those things,- (

i) that are so affixed to the land either directly or indire:ctly as to become an integral part of the 'realty; and

2 "hawker" or "pedlar" "hospital" "indigent person" "judge" "land" "local authority" "Minister" "muni cipa1lity" CITY (PART I) 1951 (ii) that are transferred automatically with the title to the land without the necessity of special contra!ctual mention; such as water, lighting, heating or other equipment used for the operation of the building, elevators, escalators, cooling and, airconditioning equipment, partitions, vaults and things of a .like nature if actually affixed and intended to remaIn permanently affixed to the building, land or realty; (i) "hawker" or "pedlar" means any person who, whether as principal or agent,- (

i) goes from house to house selling or offering for sale any merchandise to any person, and who is not a wholesale or retail dealer in such merchandise ha ving :a permanent place of business in the city; or (ii) offers or exposes for sale to any person by means of samples, patterns, cuts or blueprints, merchandise to be afterwards delivered in or ship.ped into the city; or (iii) sells merchandise on the streets or roads or elsewhere than at a building which is his per manent place of business; but does not include any person selling,- (iv) meat, fruit or other farm produce which has been produced, raised or grown by himself; or (

v) fish of his own catching; (i) "hospital" means a ihospital approved by the Min ister of Health under the provisions of The Hospitals Act; (k) "indigent person" means a person who is actually destitute of means from his own resources of ob taining food, clothing, shelter, medical advice or attention and hospital care necessary for the im mediate wants of himself and his dependants; (l) "judge" means a judge of the Supreme Court of Alberta or a judge of the District Court having jurisdi~tion in the judical district within which the city is wholly or mainly situated; (m) "land" means land, tenements, hereditments, and any estate or interest therein; (n) "local authority" means the council of any city, town, village or municipal district, and with respect to any improvement district or any transient person means the Minister of Public Welfare, and with respect to any special area means the Minister of Municipal Affairs; (0) "Minister" means the Minister of Municipal Af fairs; (p) "muni,cipality" means any city, town, village, mun icipal district, improvement district or special area;

1951 (q) (r) (

s) CITY (PART I) "official" includes a city commissioner, city man- "official" ager, city clerk, city treasurer, assessor, city solicitor, auditor, comptroller, city engineer and any other official a.ppointed by the council to any office pursuant to the provisions of

Part III, Division B; "owner" means, in the ,case of land any person who "owner" is 'registered under The Land Titles Act as the owner of land, or in the case of property other than land any person who is in legal possession thereof; "parcel" means,- "parcel" (

i) any unsubdivided block or any lot, or any pa'rt of such block or lot in any area of land a plan of subdivision of which is registered in a Land Titles Office; (ii) in any case where a building has been erected on two or more lots or parts thereof all such lots; (iii) where there is no such plan of subdivision a quarter

section of land according to the system of surveys under The Alberta Surveys Act or any other area the description of which has been approved by the proper Land Titles Office; (iv) all the land forming part of any railway, irrigation or dr,ainage right-of-way; (t) "person" includes a corporation or partnership; "person" (u) "premises" includes the store, office, warehouse, "premises" factory, building, inclosure, yard or other place occupied, or capable of being occupied, by any per- son for the purpose of any business; 3 (v) "proprietary elector" means an elector who is "Pl'opr!,e.tar y assessed or a corporation that is assessed in respect elector (w) (

x) of land that is subject to assessment and taxation; "public utility" means any municipal revenue earn- "P??liS ing work or utility and includes the municipal,- utIlIty (

i) telephone system; (ii) waterworks; (iii) street railways, bus lines or other transporta tion systems; (iv) irrigation ditches; (

v) waterways and ferries; (vi) systems for the distribution of gas, whether natural or artificial; (vii) electric or other artificial light or power systems; (viii) heating systems; and includes the service or commodity supplied by any public utility; "purchaser" means any person who has purchased "purchaser" 0;1" otherwise acquired land or other property within the city whether he has purchased or otherwise

4 "ratable property" "shop" "special assessment" "special fl'anchlse" "t I'tlnsient trader" Act applicable all cities Each city shall con tinue to,- (y) (z) (aa) (bb) (cc) CITY (PART I) 1951 acquired the same direct from the owner thereof or from another person and has not be,come the owner thereof; "ratable property" means the total amount of the assessment of lands, buildings and improvements, and special franchises; "shop" means any building or portion of a building, booth, stall or place where goods are exposed or offered for sale by retail or public auction and in cludes barber shops and ladies' hairdressing, mani curing and beauty parlours; "special assessnlent" means a special, frontage as sessment or a special local benefit assessment levied pursuant to the provisions of

Part IX relating to local improvennents; "special franchise" means every right, authority or permission, whether exclusive or otherwise, to con struct, maintain or operate within a -city in, under, above, on or through or a,cross any highway, road, street, lane, public place or public water within the jurisdiction of the city any poles, wires, pipes, tracks, conduits, buildings, erections, structures or other things for the purpose of bridges, railways, street railways, bus lines or other transportation systems or for the purposes of conducting steam, heat, water, natural or artifi·cial gas or electricity or any property, substance or product capable of being transported, transmitted or conveyed for the supply of water, heat, light, power, transportation, telegraphi~, telephonic or other services; "transient trader" means any person who does not ordinarily maintain within the city a permanent place of business and who is not liable for a business tax in respect thereof, and who, either as a principal or an agent, buys or offers to buy direct from the producer thereof any merchandise or sells or offers to sell to the consumer any merchandise· eX!cept,- (

i) agricultural products raised, grown or pro- duced by him; (ii) fish of his own catching; but does not include a hawker or pedlar who is duly li,censed under The Licensing of Trades and Busi nesses Act in respect of the business for which he is so licensed. Application of Act. 3. Except as hereinafter provided, this Act is applicable V'to all dties in the province lawfully constituted or in corporated under this or any other Act, Charter or Ordin ance at any time in force in the Province. 4.-

(1) Notwithstanding anything contained in this Act, in the case of each city lawfully constituted or incorporated prior to the passing of this Act it shall continue,-

1951 CITY (PART I) 5 (

a) to be a city within the meaning of this Act; be a city (

b) to have its existing boundaries until such time as have exist they may be altered in accordance with the pro- in~ bound- visions hereof; anes (

c) to retain its existing by-laws and resolutions legally retain ,passed under the provisions of its charter which by-laws shall 'continue good and valid until they are re pealed or substantially altered or others are made i~ ~heir stead by the council pursuant to the pro VISIOns hereof but the mere amendment of existing by-laws shall not invalidate them; (

d) to be governed by its existing mayor and aldermen be governed until others are elected in their stead pursuant to by dm~~or the provisions hereof; ~~n a er- (

e) to have the same number of aldermen on its council have same a}1d the same number of sehool trustees until such ~r~~I~~~f time as the number may be altered in accordance and trustees with the provisions hereof; (/) to pay to its mayor and aldermen the same salaries l)<lY mayor until such time as their salaries are altered in ac- ~ned alder- cordance with the provisions hereof; n (

g) to have the same city commissioners or city man- have same ager and the same executive and administrative ~~m~~if~r~ officials who shall continue to exercise the same powers and duties in the same manner and to the same extent as heretofore and to receive the same remuneration until such time as they may be altered in accordance with the provisions hereof; (

h) to be bound by all valid existing contracts, fran- be bo~n~ chises, engagelnents, obligations, agreements and ~b~ter"r:~:~l1g things of a like nature and any renewals thereof; (

i) to retain its existing pension or superannuation retain exist plans or benefit funds and its group insurance plans ~~~n~ension until such time as they may be altered in accordance with the provisions hereof 0

(2) In the case of any body corporate which is incorpor- Body ated or continued as a body ,corporate by the provisions of COtl',Piorate to o f h f to d ° re a n any CIty charter or t e purpose 0 opera Ing or a mIn- powers istering a hospital sinking fund, exhibition, or for any other purpose it shall continue to be a body corporate and to have the same constitution and to perform and exercise the same duties and powers that were conferred upon it by or pursuant to the provisions of the said city chartero Implied Provisions. 5.-

(1) Where in this Act a certain day is fixed on or by Tin~e for h o ° 0 dO tak Of takmg pro-W Ich certaIn thIngs are to be done or procee lngs . en, I ceedings it appears that such date was fixed having regard to an earlier date fixed on or by which certain other things are to be done or proceedings taken, then, notwithstanding anything herein contained if default is made in -respect of the earlier date a like delay shall be allowed in respect of the later date.

6 Time for election or voting on question Minister may extend time Deviation from forms Division of Act CITY (PART I) 1951

(2) Where in this Act an election is to be held or a question to be submitted or some other thing is to be done at the time of a general or other election and it becomes unnecessary to take a poll at the general or other election then the first mentioned election shall be held or, question submitted or other thing done at the time upon which the general or other election would have been held if necessary. 6.-

(1) If anything to be done within a number of days or at a time fixed. by or under this Act cannot be or is not so done, the Minister, by order, from time to time, may appoint a further or other time for doing it whether the time at or within which it ought to have been done has or has not arrived or expired, as the case may be.

(2) Anything done at or within the time specified in the order shall be as valid as if it had been done at or within the time fixed by or under this Act. 7. Where forms are prescribed in this Act deviations therefrom not affecting the substance nor calculated to mis lead shall not vitiate the same and forms to the like effect and in substantial compliance with the provisions of this Act shall suffice. Division of Act. 8. For convenience of reference only this Act is divided into Parts and classified under the following headings,- Part

Section I INTRODUCTORY .............................................. 1-8

Short title ....................................................... .

Interpretation ............................................... . Application of Act ....................................... . Implied Provisions ....................................... . Division of Act ............................................. . II FORMATION AND ALTERATION OF CITIE,S ............................................................... . Formation of Cities ..................................... . Boundaries ................................................... .

III ·GENERAL GOVERNMENT AND 1 2 3-4 5-7 8 9 .. 18 9-15 16-18 ADMINIST'RATION ........................................ 19-91 Incorporation of Cities ................................ 19 DIVISION A-THE COUNCIL .............................. 20-41 Jurisdiction and Membership .................... 20-21 The Mayor ...................................................... 22-26 Meetings of Council .................................... 27-37 Remuneration of Council ...... : .................... : . . 38 Resignations, Vacancies, li'(jrfeiture' of ... Seats ............................................................ 39-41

Part CITY (PART

I) DIVISION B-·OFFICIALS AND EMPLOYEES ......................................................... . City Commissioners or City Manager ....... . Other Officials ............................................... . City Clerk ....................................................... . City 'Treasurer ............................................... . Assessor ......................................................... . City Solicitor ................................................. . Auditor ........................................................... . Comptroller ................................................... .

City Engineer ............................................... . General Provisions Relating to Officials and Employees ........................................... . DIVISION C-BOARD OF POLICE COMMISSIONERS

Section 42-80 42-53 54-58 59-61 62-65 66 67-68 69-74 75 76 77-80 81-91 IV ELECTIONS ..................................................... 92-212 First Election ................................................ 92 First Election Following Increase in Aldermen .................................................... 93 Annual Election ............................................ 94 Qualiilcation of Mayor and Aldermen ........ 95-97 Qualifi,cation of Voters ................................ 98 Voters' List .................................................... 99-100 Enumeration .................................................. 101 Preparation of Voters' List ........................ 102-108 Court of Revision ........................................ 109-116 Procedure Preliminary to Conduct of Election ........................................................ 117-121 .

Nominations ................................................. 122-127 Procedure Preliminary to Holding of Poll 128-152 The Poll .......................................................... 153-157 Poll at Elections .......................................... 158-170 Advance Poll ......................... 171-172 School Trustees ............................................ 173-178 Procedure After Close of Poll ........................ 179-194 General Provisions Relating to Elections 195-201 Recounts ........................................................ 202-207 Offences and Penalties ............................... 208-212 V VOTING ON BY-LAWS ............................... 213-258

Interpretation ................................................ 213-214 Procedure Preliminary to Holding a Poll 215-232 Pdll .................................................................. 233-239 Procedure After Close of PolL .................... 240-253 Recount .......................................................... 254-257 Passage of By-law ................................. ....... 258 VI POWERS AND DUTIES OF THE COUNCIL .......................................................... 259-412 General Provisions ........................................ 259-261 By-laws ............................................................ 262-270 7

Part CITY (PART I) 1951

Section Imposition of Penalties for Infraction of By-laws .................... ..... ...... .......... ......... 271 Protection to Persons and Property ........ 272-280 Police Protection ........................................ 272-273 Fire Protection .................... : ..................... 274-275 Regulation of Animals ............................. 276-277 Nuisances and Pests .................................. 278-280 Highways and Public Places ........................ 281-290 Regulation of Vehicles and Highway Traffic ..................................................... 281-282 Advertising in Public Places .................... 283 Control of Highways and Public Places 284-288 Maintenance of Highways and Public Places .................

" .. . . .. ........................ 289-290 Acquisition of Land .................................... 291-294 Expropriation of Land ................................ 295-314 Disposal of Land ................................. 315-317 Subdivision of Land .................................... 318 Civic Housing Projects ............................... 319-320 Sanitation and Waste Removal ................ 321-327 Public Health .................................................. 328-335 Social Welfare .... ....................................... 336 Indigents ....................................................... 337-338 Recreation, Public and Community Services ......................... _ ......... : .............. ::: ... 339-346 Parks, Athletic and Exhibition Grounds 339-340 Parks Board .............................................. 341 Recreation Board ...................................... 342 Music, Art, Libraries, Museums and Zoos ............. .............. ............................. 343 Civic Centre . ...................................... 344 Public Markets and Scales ............. 345 Miscellaneous Public Services 346 Control of Businesses ............... ..347-388 General Licensing Powers... ..347-355 Trades and Occupations ....................... 356-358 Vendors and Producers of Food and Drink ................ ............... ... 359-361 Places of Amusement ..... 362 Salesmen and Sale of Goods ......... 363 Public Accommodation ........... ..... ....... 364-373 Prohibiting Certain Businel3ses .374-375 Closing of Shops.................. ... .......... 376-387 Holidays ............. .... . ............................ 388 Control of Buildings........................... .. .. 389-393 Retirement Grants, Pension Plans and Group Insurance .............. 394-399 Security.. .. ......................................... 400-401 Coat of Arms ............. ........... ............ 402 Miscellaneous . .. ............................... 403-412 VIr PUBLIC UTILITIES ..................................... 413-459 Special Franchises and Other Contracts .... 413-414 Power of City .. ,."",, .................................... 415-423

1951 CITY (PART

I) Part

Section Right to Enter, A'cquire and Use Land .... 424-432 Respective Rights and Duties of City and Consumers ........ .. ................................ 433-440 Liability of City . . . .441-442 Rates and Charges .... .. .................... .443-445 Assessment and Taxation of Public Utilities ............... 446 Power Beyond City Limits .... 447-449 Prohibitions and Penalties ......................... .450-454 Regulations ................................................. .455-456 General .............. , ,........ .......... . ............ 457-459 VIII ASSESSMENT AND TAXATION ............ .460-578 General Liability to Assessment and Taxation ..................................................... 460-461 Assessment of Lands, Buildings and Improvements ........................ .. ....... .462-471 Preparation of Assessment Roll .... .. ..... 472-473 Assessment of Railway Property .............. 474-476 Assessment of Buildings and Improve- ments on Tax Exempt Lands.... .. .... 477-478 Business Tax ............................................... .479-486 Supplementary Business Tax and Special License Fees ..................... .................. 487 General Provisions as to Assessment.. 488-493 Procedure After Completion of Assessment Roll .... .............. .. .............. 494-498 Court of Revision .............. . ...... 499-517 Appeal to Albe-rta Assessment Commission .. 518-523 Estimates and Levy ...... 524-531 Minimum Taxes ... .. .......... ..532-536 Special Taxes ... 537-542 General.................... 537 'Vat€rworks Tax 538 Sewer Tax .......... ....... 539 Boulevard Tax .... 540 Dust Treatment Tax .. .... ....... 541 Maintenance Tax ... 542 Exemption from Taxation. . .......... 543-544 Remission of Taxes . . .. .. . . . . .. 545 Tax Collection .......... ....... . ................... 546-557 Recovery of Taxes by Suit or Distress.. .. .. 558-577 School Requisitions ............. . ........ . 578 IX LOCAL IMPROVEMENTS ... 579-621 General.................. ................... ..579-580 Special F-rontage Assessment ... 581-582 Special Local Benefit Assessment ....... 583 Unit Rate .... .................... .................. ......... 584 Initiating Local Improven1ents ...... ..585-593 Spur T'racks ................................................. 594-598 Fixing of Special Assessments .. . .... 599-611 Assessment Notice ... , ... ,., .. , ... ,. 612-613 9

10 CITY (PART II) 1951 Part

Section Special Assessment Roll· ................................ 614-615 Appeal from Special Assessment ................ 616-618 Borrowing Powers ......................................... 619-621 X FINANCE .......................................................... 622-688 Temporary Loans .......................................... 622-624 Limitations on Debenture Debts .................. 625-628 Debenture By-Laws ....................................... 629-639 Required Provisions .................................. 629 ;Provisions for Redemption ...................... 630 'Provisions for Repayment ...................... 631-632' Alteration of Provisions .......................... 633-638 Time for Passing By-Law ........................ 6'39 Consolidation and Refunding of Debenture Debt .......................

" .................................. 640-641 Capital Loans ......................................... 642-643 Form and Mode of Issue of Debentures .... 644-648 Validity of Debentures ............... 649-650 Debenture Register. ........... ........ ....... ......... 651-65'5 Repayment of Debentures ........ .. .. 656-659 Sinking Fund ............................ . ............. 660-669 Sinking Fund Trustees .............................. 670-680 Disposal of Capital Funds ............................ 681-685 Reserves ......................................................... 686-688 XI LEGAL PROCEEDINGS .......... . .. ....... 689-712 Actions Against a City ................................. 689-702 Evidence ....................................................... 703-704 Quashing By-laws and Resolutions ........... 705-706 Penalties ........................................................ 707-708 General ............................................................ 709-711 Executions against a City ................. ........ 712 XII MISCELLANEOUS MATTERS .................... 713-729 XIII SPECIAL PROVISIONS APPLICABLE TO CERTAIN CITIES ..... ........................ 730-741 General...... .................. .. ................. 730-731 Calgary . .. . . . ........................................ 7'32-734 Drumheller .. ................................................... 735 Edmonton . ............. .. ..................

" ......... 736-738 Lethbridge ............... .. ........................... 739 Medicine Hat ............ ........................ 740 Coming into Force ... ................................. 741

PART II FORMATION AND AL TERA TIONOF CiTIES. F ormatio,n of Cities. Application 9,.-

(1) The council of any town having a population to form city in excess of five thousand persons may, by resolution, make application to the Minister for the formation of the town into a city.

1951 CITY (PART II) 11

(2) Upon the recommendation of the Minister the City formed L· te . t G .. C '1 bIt' by procla-leU nan overnor In· ouncl, y proc ama lOn, may form mati on the town into a city effective on the fi-rst day of January of the year named in the proclamation. 10.-

(1) The proclamation shall contain,- (

a) an a,ccurate des,cription of the area of the city; (

b) the year in which the proclamation is to become effective; and. (

c) the name of the city. Contents of procla mation

(2) The proclamation shall be published in The Alberta Publication Gazette and such publication shall be conclusive evidence of ~:Sf~~la- the legal formation of the city. . c0!lclusive eVidence 11.

The ,council of the town shall be deemed to be the Town coun- '1 f th ·t t'l th fi t t' f th 't cil temporary councl 0 e ICI y un I e rs mee lng 0 e new CI y oity council council which shall be held on the Monday immediately following the date of the first election in the year next foUowing the date of the proclamation and during such period the town council shall have all the powers and be charged with all the duties of the city council and shall carry out the same as nearly as possible in the manner prescribed by this Act. 12.

The existing by-laws and resolutions passed by the rown brd ,council of the town shall continue -good and valid in so far uan'r~ va I as they are not inconsistent with this Act until they are repealed "altered or repealed or others are made in their stead by the council of the city in ac'cordance with the provisions hereof. 13. All taxes due to the town shall on its formation into tor;~a[:x~~ a city be deemed to be arrears of taxes due to the city and the provisions of any Act relating to arrears of taxes and the collection the-reof for or on behalf of the city shall apply thereto. 14.

AU suits or rights of action by or against the town ~~~~ of shall, after its formation into a city, be continued or main- m.ai.ntain.able minable by or against the -city and all debts and liabilities of agams.t City the town shall be assumed and paid by the city. 15. The title to and all rights in respect of any real ~~~~e~~y estate or other property of the town shall be vested in the vests in city city upon the formation of the town into a city. Boundaries. 16.-

(1) For the purposes of this A'ct wheneve-r the ~oundary boundaries of any .city are wholly or in part descr!bed as lme comprising certain townships, parts of townshIps, or sections in a'ccordance with the system of Dominion Land Survey the boundary lines of the city shall, unless it is other-

12 Hoad allowance Boundaries maybe altered Error in procla mation Confirmation of corrected procla mation City is body corporate with,- Liabilities of corporation perpetual succession seal power to sue power to hold land power to contract CITY (PART III) 1951 wise expressly set out in the said description, be the posted side of the road allowance between adj oining sections or townships except in the case of correction lines where the south side of the road shall be the boundary.

(2) Any road allowance between an Indian reserve and a city shaH be deemed to be in the 'City notwithstanding any thing herein to the contrary. 17 • The boundaries of any city may be altered by an nexing lands thereto or by separating lands therefrom in accordance with the provisions of The Public Utilities Act. 18.-

(1) No misnomer, misdescription or omission in any proclamation relating to the formation of a city or in any order making an alteration in its boundaries, shall in any way suspend or impair the operation of this Act with respect to the matter misnamed, misdescribed or omitted.

(2) Any misnomer, misdescription, omission or other error in any proclamation o.r order may by any subsequent proclamation or order be corrected and the proclamatio.n or order so corrected may be confirmed as of the date of the original proclamation or order.

PART III GENERAL GOVERNMENT AND ADMINISTRATION Incorporation o·f Cities. 19.-

(1) The mayor, aldermen and electors of every city in the Province, now or hereafter formed, constituted, or incorporated, are hereby declared to. be and to continue to be a body corporate under the name of "The City of (nam ing the same)", and the body corporate,- (

a) shall be subject to all the liabilities of a corporation; and (

b) shall have perpetual succession; and (

c) shall have a common seal with power to alter and modify the same at pleasure; and (

d) may sue or be sued, implead and be impleaded, answer and be answered unto in all courts and in all actions, ,causes and suits at law and in equity • whatsoever; and (r;) may receive by donation and otherwise acquire hold, dispose of and convey any property, real 0; personal, for any purpose within its corporate powers; and (

f) m~y become a party to any contract or agreement WIthin the powers of the -city.

(2) The sa.id body corporat 7 shall be ,capable of acting by the. counCIl and t~e councIl shall exercise all powers vested In the corporatIOn by this Aet or Qtherwise.

1951 CITY (PART Ill) DIVISION A-THE COUNCIL Jurisdiction and Membership. 20.-

(1) The ,council shall be a continuing body not- Council withstanding any general or other election. continuing' body 13 (2) rrhe jurisdiction of the council shall be confined to ,JurisdiCition the limits of the city and, to any property outside the city of council belonging to or under the control and management of the city, except where further jurisdiction beyond the city limits is expressly given to the council by this or any other A.ct.

(3) Except as herein provided, the council of every city Council may may perform and exercise the duties and powers imposed ~~~~tion or or conferred on it by this Act either by resolution or by by-law . by-law. 21..-

(1) Except as otherwise provided the council shall Composj~ion consist of the mayor who shall be head thereof and of six or of counCIl such other even number of aldermen, not less than six nor more than twenty, as may be determined by a by-law as hereinafter set out.

(2) Six aidernlen shall be elected at the first election following the formation of the city.

(3) After the first election the number of aldermen may be increased by a by-law to be submitted to and approved by a majority of the electors voting thereon.

(4) In case the number of aldermen has been increased under the provisions of subsection (3) the number of aldermen may be decreased to a number not less than six by a by-law to be suhmitted to and approved by a majority of the electors voting thereon.

(5) Every by-law passed under this

section shall take effect so as to be applicable to the next ensuing election for aldermen and the aldermen then in office shall hold office only until the new council meets, notwithstanding that the term of oflke for which they were elected has not elapsed.

(6) Every member of the council shall make and s~b- O~~h of scribe the offi,cial oath prescribed in The Oaths of Ofjwe ofJ.lce Act.

(7) In the case of a first election the said oath shall be placed in the custody of the mayor at the first meeting of the council, to be afterwards deposited by him with the citr clerk, and in every other case the member of the cou1?-cIl shall deposit the same with the 'City clerk before enterIng upon the duties of his office. The Mayor. 22. The mayor of a -city shall hold office for a term of ~:;~~~'~t~lr two years and may be re-elected for a subsequent term or mayor terms.

14 Duties of mayor Ex-officio member Suspension of officials Mayor may call public meeting Petition for public meeting Refusal of petition for public meeting Appointment of special constables CITY (

PART III) 1951 23.-

(1) The mayor shall be the chief officer of the city and shall,- (

a) preside at all meetings of council whenever he is present; (

b) cause the laws governing the city to be duly ex ecuted; (

c) supervise the conduct of all city offi,cials in the performance of their duties under this A,ct; (

d) cause all negligence and ,carelessness of duty to be prosecuted and punished; and (

e) communicate from time to time to the council all such information and recommend such measures as may tend to the betterment of the finances, health, security, cleanliness, comfort, ornamentation an,d prosperity of the city.

(2) The mayor shall be ex officio a member of every board, association, commission, or other organization to which the council has the right to appoint members pur suant to the provisions of this Act, and the mayor when in attendance shall possess all the rights, privileges, powers and duties of other members whether elected or appointed.

(3) The mayor shall be ex officio a justice of the pe~((~ in and for the city. 24.-

(1) The mayor may suspend any municipal . official , other than a city ,commissioner or a city manager{ and he shall report such suspension and the reasons therefor to the next regular meeting of the council, and the council may either dismiss or reinstate the suspended official.

(2) If the official is dismissed he shall receive no salary or remuneration from the date of his suspension unless the c~uncil, by a resolution otherwise determines. 25.-

(1) The mayor, when authorized by a resolution of the council, may call a public meeting of the electors or of the proprietary electors for the discussion of any municipal matter.

(2) Except as provided in subsection (3), the mayor, if so requested, at any time by the written petition of fifty electors shall call a public meeting of the electors or of the proprietary electors for the discussion of any matter which, in the opinion of the council, is one of public importance by issuing a printed public notice which shall be published in a newspaper circulating in the -city.

(3) If, in the opinion of the mayor, the municipal matter in respect of which a meeting is requested pursuant to su'bsection (2) is not of general public importance or in~ terest he shall refer the petition to the council and if the council by a majority of not less two-thirds of the members present votes against the calling of the meeting the same shall not he called. 26.-.( 1) The may?r may from time to time by writing under hIS hand apPOInt and engage one or more special

1951 CITY (PART III) constables within the city for such time not exceeding fifteen days as shall be stated in the appointment.

(2) The -authority of a special constable shall cease if his appointment is not confirmed at the next regular meet ing of the council.

(3) Special constables shall for the duration of their appointments form a part of the poUce force of the city. Meetings of COlDlcil. 27. The first meeting of the council shall be held on the Date for Monday immediately following the date of the annual !irst reet - election at such time and place as shall be fixed by the city ~~~~cil clerk and the -council of the previous year shall hold office until the new council meets. 28. The subsequent regular meetings of the council shall be held OR such days as the council shall determine. 29.

The council may at any meeting at which the mayor Regular and all the aldermen are present decide by resolution to meetings hold regular meetings of the council and the resolution shall state the day, hour and place of every such meeting and no notice of any such meeting shall be necessary. 30.-

(1) The council shall hold. its meetings openly Meetings and no person shall be excluded except for improper conduct. ~~~~IY

(2) The person presiding at any meeting may cause to be Expulsion expelled and excluded any person who has been guilty of Z~~ing improper conduct at the meeting.

(3) Notwithstanding subsection (1), in any case where Private a two-thirds majority of the councillors present are of the meetings opinion that it is in the public interest to hold a meeting on any subject in private, they may by resolution exclude any person therefrom. 31.-

(1) The mayor may call special meetings of the Spec~al council whenever he deems it expedient, and he shall do- so meetmgs when requested in writing by a majority of the council.

(2) Where a special meeting of the council is to be held all the members shall be duly notified of the meeting and, in general terms, of the business to be transacted thereat.

(3) The notice shall be given in writing at least twenty- Noti~e of four hours prior to the meeting and may be delivered per- ~:~{~g sonally or left at the usual place of business or residence of the member.

(4) Notwithstanding the provisions of subsection (3), the mayor may call a special meeting of the council upon such shorter notice, either verbal or written, as he deems &u:fficiEmt, if all the members of the ·council give their consent in 'Writing to -such notice before the ·commencement of the meeting. 15

16 Deputy mayor 'Hayor or deputy mayor to preside Substitute chairman Quorum of council Cin'um stances not invalidating proceedings Regulations 1"01' lJ1eE'ting's Presiding member may vote Equality of ,"ote!:! deemed Ilegative CITY (PART III) 1951

(5) No business other than that stated in the notice shall be transa,cted at any special meeting of the council unless all the members of the council are present, in which case, by unanimous consent any other business may be transacted. 32,.-

(1) The council, at its first meeting following the date of the annual election in each year, and periodically thereafter at such intervals as the council may determine, shaH elect one of its number as deputy mayor.

(2) In case the mayor, through inness, absence or o.ther cause, is unable to perform the duties of his offi~, or in case the office is vacant, the deputy mayor shall have all the powers and shall perfDrm all the duties Df the mayor during his inability Dr absence. 33.-

(1) The maYDr, Dr in his absence the deputy mayDr, shall ;preside at every meeting Df the ,cDuncil and shall pre serve Drder and enfDrce the rules Df the council.

(2) If the perSDn who ought to' preside at any meeting Df the cDuncil dDes nDt attend within fifteen minutes after the hour appointed. fDr the meeting, another member Df the council shall be elected as chairman to preside at the meeting in the absence of such perSDn. 34.-

(1) A majority Df the whole council shall be neces sary to. form a qUDrum.

(2) No. act or Dther prDceeding Df the ,council shall be deemed valid Dr binding Dn any perSDn which is nDt adopted at a regular Dr special meeting Df thecDuncil at which a qUDrum is present.

(3) The proceedings Df the council Dr Df any committee thereDf shall nDt be invalidated by any vacan,cy amDng its members Dr by any defect in the apPDintment Dr electiDn of any member Dr by the disqualification of any member thereof. 3.5. The CDuncil may make rules and regulations fDr call ing meetings, gDverning its prDceedings, the conduct Df its members, appDinting cDmmittees and generally fDr the transaction Df its business. 36.-

(1) The maYDr Dr Dther member presiding at any meeting Df the cDuncil may vote with the other members Dn aU by-laws and. resolutiDnS except where he is disqualified to' vDte by reason Df interest Dr Dtherwise.

(2) Any by-law Dr resDlutiDn upDn which there is an equality o.f votes' shall be qeemed to' be decided in the negative. All members 37. The maYDr, whert present, and all the alde·rmen pres· present must t h II t d' . . 1 d b 1 vote on en . s a vo e Dn every \Klvlslon un ess excuse y reso u- division tion o.f the ,cDuncil Dr di:!!lCIualified frDm vDting by reason Df interest or Dtherwise.

1951 CITY (PART III) 17 Remuneration of Council. 38.-

(1) The mayor shall be paid such remuneration Remunera- as shall be fixed by the council. tion of mayor

(2) The alderman acting as deputy mayor may be paid Remunera for carrying out the duties of the offi'ce such sum for each ~on ~f. period served by him as may be fixed by the council. l:f)~oi.

(3) Subject to the provisions of subsection (2), no alder- Remunera man shall receive any remuneration, emolument or other t\~n of payment in respect of his services on behalf of the city ~mi[e~en except,- (

a) such sum as may be fixed by the coun,cil for each meeting of the council, and for each meeting on other oc'casions of any committee of the council, whkh he has attended during the year, or such an nual sum for his duties as may be fixed by the council ; (

b) such sum per day as may be fixed by the council in addition to his actual transportation expenses while necessarily absent from the city upon any business of the city entrusted or delegated to him by resolution of the council; (0) such sum per day as may be fixed by the council for ea'ch day during Whkh he is -required to absent him self from his own business, trade or calling, to at tend any convention held in the city, to which he has been appointed a delegate by the council, or to at tend a court of revision of which he is a member. 39.

T~e mayor ?r any alder~an may: resign hi~ seat in r'~l~~~i~~on the councIl at any tIme upon wrItten nohce to the CIty clerk . who shaiI place the same before the council at its next meet- ing, and the resignation shall take effect and the seat shall become va1cant upon the date fixed by the ,council, or if no date is fixed, upon the date the council concurs the-rein. 40 -

(1) If after the election of any person as a mem- Disq:u ali -• , • ficatlOn of bel' of the councIl he,- members (

a) is convicted of a ,criminal offence punishable by death or by imprisonment for more than five years; (b) (0) or _~ makes an ass' fortlle'" general ben IS creditors O'r is adjudged a bankrupt; or without being authorized by a resolution of. the council to do so absents himself from the meetIngs of the council for three consecutive months; or (

d) ceases to' be a resident of the city; or (

e) becomes disqualified from sitting or voting in the council under the provisions of

sectIon 96; or

18 Ouster of members Mayoralty vacancy filled by alderman elected by council Aldermanic vacancy filled by special election Elections to fill casual vacancies CITY (PART III) 1951 (/) is convicted under

section 126 of making a false statement in his acceptance of nomination; , the council, by resQlution, shall declare his seat to' be vacant and thereupon his seat in the council shall forthwith become vacant.

(2) If any elector files an affidavit showing that a mem ber of the council,- (

a) has forfeited his seat on the council or his right thereto; .or (

b) never was qualified as a member of the council; .or (

c) has become disqualified as a member of the council; .or (

d) has otherwise vacated his seat; and pays intO' court the sum of ofiehHlldred doUars as security for costs to' abide the event of the application, the judge may, on an ex parte appHcation, direct that notice may be served UP.on suoh person of an application for an order ousting him from office, and if upon the hearing of the a.pplicatiQn, the judge, UPQn affidavit .or oral evidence, is satisfied that the member .of the cQuncil has fO'rfeited- his seat .or is disqualified, .or that his seat is vacant, the judge may declare his seat vacant or refuse the applicatiQn and in either case with or withQut CQsts. 41.-

(1) In case the offi'ce .of the mayQr becomes vacant by death, resignatiQn O'r O'therwise, the council shall fQrth with elect some person frQm amQng its number to' fill the position until the next annual electiQn of aldermen, but no vacancy shall Qccur in the cQuncil by reaSQn of such electiQn.

(2) Incase the Qffi-ce of any alderman on the council becQmes vacant by death, resignatiQn or for any .other reason than the expiratiQn .of his term .of .office, the cQuncil shall forthwith fix a nomination day and apPQint a returning .officer to' hold a special electiQn to fill the vacancy and the election shall be held as nearly as may be in the manner prQ vided by this Act fQr general electiQns; but if the vacancy occurs on .or after the first day .of July in any year the special election need not take place and, the vacancy shall be filled at the next annual election of aldermen if the term .of the va(~ating alderman has not then expired.

(3) At an annual electi.on, in the event .of it being neces sary to fill a vacancy .or vacancies under subsectiQn (2) occurring .on .or after the first day .of July in any year, then the :candidate or candidates receiving the next highest number of votes after the regular number .of aldermen have been elected shall fill the vacancy or vacancies. Provision

(4) If the number of candidates nominated at an annual r:e~e~~:i~~- election does not exceed the tQtal number of vacancies to' be ated does not filled the candidate or candidates last nominated shall be exceed • vacancies deemed t.o be elected to fill the vacancy or vacanCIes under subsection (2) occurring on or after the first day of July in any year.

1951 CITY (PART III) 19 DIVISION B-OFFICIALS AND EMPLOYEES City Commissioner or City Manager. 42. In any city the council may by by-law, to be sub- By-law for mitted to' the electors and apprO'ved by a majority of the commission- electors vO'ting t~ereO'n, 'Pr~vide that t~~ cO'uncil may dele- ~:~:ger gate any O'r all O'f Its executive and admInIstrative duties and powers to' one or mO're city commissiO'ners or a city manager,; 43.

The city commiss~oners or the o city: m~na~~, ~s tlIe Powers of case may be, shall be subject to' the legIslative JUrISdICtIO'n of commission the ,council and shall exercise the powers and duties set out :a~~ger in tliis Act and such O'ther powers and duties as may from limited time to time be vested, conferred or delegated by by-law or resolutiO'n of the council. . 44.

In any city which has city cO'mmissiO'ners or a city Commission manager, either by the provisions of a by-law passed under er or t o 42 b th ° ° f °t h rte ° f ° manager to sec IOn ,or y . e prOVISIOns 0 I S car In orce Im- continue mediately prior to' the passing of this Act, it shall continue to have city commissioners or a city manager, as the case may be, until otherwise provided by a by-law that has been submitted to' the electors and received the assent of a ma- jority of the electors vO'ting thereon. 45. Where a by-law passed pursuant to the provisions of Commission

section 42 provides fO'r one or mO'r~ city commission~rs it ~~P~?~~d shall prO'vide t:Qat they shall be apPOInted by the counCIl. by council 46. Where the by-law 'PrO'vides for the appointment of Term of commissioners they shall be appo~nted by and hold o~ce ~~f~~fo~fe~~m during the pleasure of the counCIl and shall not be dIS- missed except upon a two-thirds majority vote of all the members· thereof. 47. The mayor shall 'be ex officio a commissioner in ad- Mayor is dOt· t th . ted b th °1 ex-officio :l IO'n 0' O'Se apPOln Y e COUnCI . a commis- sioner 48.

The commissiO'ners shall be called "The Commis- Name of siO'ners O'f the City O'f (naming same)". ~;~llmiSSiOn- 49. Where the by-law passed pursuant to'

section 42 prQ- Man~ger . vides fO'r the apPO'intment O'f a city manager he s.hall be ~g~~~W€d

b) ap'PO'inted by the cO'uncHand shall hold O'ffice durIng the pleasure O'f the council and shall nO't be dismissed except upon a two-thirds majO'rity vO'te of all the members thereof. 00.-

(1) NO' persO'n having an interest in·a contract with 1?isqualifica- th ·t h 1 b . °t . . °t an bon of e CI ys all e appOInted CI y commISSIOner O'r CI y m - manager ager, and nO' city manager or city cO'mmissioner sh~ll, du!- ing his term O'f office, have an interest, direct O'r indIrect, In such a cO'ntract.

20 Salal'Yof commission- ers or manager Subs.titute commissIon er or manager CITY (

PART III) 1951

(2) If a city commissioner or city manager, as the case may 'be, knowingly acquires such an interest he may be immediately dismissed without notice and without compen sation. 51. The council shall fix the annual salary to be paid to each of the city commissioners or to the city manager, as the case may be, and in case of termination o.f the appoint ment of a city commissioner or the city manager, other than pursuant to

section 50, subsection (2), he shall receive three months' notice, or in lieu thereof, one-quarter of his annual salary. 52. If a city commISSIOner o.r a city manager, as the case may be, is incapable, thro.ugh illness, absence or other cause, of performing the duties of his office the council may appoint a substitute who during sU,ch illness, absence or o.ther incapacity, shan have and exercise all the powers of the said commissioner or manager. llefuence in 53.

Unless the context otherwise requires, wherever in _\ets to com- thO A t th A t th . f t th ·t m:ssioner or IS C or any 0 er c ere IS a re erence 0 e CI y manager commissioners or to their powers or duties it shall be deemed to be a reference to the city commissioners or to the city man3!ger,as the case m'ay be, if any, and if there is no by law providing for either city commissioners or a city man ager then it shall be deemed to be a reference to the mayor. Appointment of officials b~' council )'lore than one office may be held Assistant officials designated by council Other Officials. 54.-

(1) The council shall by by-law appoint a city clerk, a city treasurer, an assessor, a city solicitor and one or more auditors and may also by by-law appoint a co.mptroller and may by resolution appoint a city engineer and such other officials as are deemed necessary fo.r carrying into effect the provisions of this Act or of any other Act affecting the city or of any city by-law.

(2) A person may be appointed to more than one office but a person appointed as auditor shall not hold any other office.

(3) The Icouncil by resolution, may designate a person as the assistant to any official referred to in subsection (1) and the Assistant shall,- (

a) have such powers and duties as may be delegated to him by that official; and (

b) have all the powers of the official during his ab sence or inability to act. Substitute 55.-

(1) The council, by resolution, may ap'point some officials appointed II,' person to act in place of any official who may be absent or council - incapable of performing his duties, or during a vacancy in the office. '

1951 CITY (PART III) 21

(2) The city -co~missioners, in writing, may appoint Subs~Hute some. person to aet l~ :place of any official until the next ~~~~~~~~d 1)\' meetIng of the councIl In case the official is absent or in- c?mmis- . capable of performing his duties or during a vacancy in the SlOners office.

(3) During the period of the absence, incapability or vacan,cy, any person appointed under subsections (1) or (2) shall have all the powers of the official. 5G. Earch dty offi-cial shall hold office during- the pleasure T f th '1 d' t erm 0 of e counCI or accor lng 0 the terms expressed in the offi?,: and b I I t · b h· h h . t d . adclitlOnal y- aw or reso U Ion y w IC e was appOln e , and In duties of addition to the duties assigned to him by this Act or by officials the general law of Alberta, shall perform such other duties as may be required of him by the by-laws or resolutions of the council. 57.-

(1) The council, by by-law, may require an official Securities or employee to give such security as is deemed expedient for of officials the faithful performance of his duties, and during the month ~~~IOyees of January in each year all such securities shall be produced to the mayor and shall be laid by him before the council.

(2) The bonds or policies of guarantee of a corporation Type of empowered to grant se-cnrities, bonds or policies for the security integrity and faithful accounting of public offi,cers or ser- vants or persons occupying positions of trust, may be a,ccepted instead of or in addition to the personal bond of an official or employee. 58.

Each official, employee and agent of the city shall Damage be personall~ liabl~ for. damage ~rising from hi~ ac~ions or ~m.1~no~i defaults, or from hIS faIlure to dIscharge the dutIes Imposed officials and upon him by law or by this Act, or by the by-laws and employees resolutions of the council, in addition to any penalties other- wise imposed for the said acts or defaults. City Clerk. 59.-

(1) The city clerk shall attend all meetings of the Dutie·~ of council and shall truly record in a book, without note or city clerk comment, all resolutions, decisions and other proceedings of the 'council and, if required by any member present, shall record the name and vote of every member voting on any matter submitted.

(2) He shall safely keep all the. books, doc~ments a!ld records of the 'council and the origInals or certIfied copIes of the by-laws and resolutions.

(3) It shall be his duty to summon all me~tings of ~he council, to communicate the by-laws, resolutions and ~n structions of' the council to the parties concerned thereIn, and to conduct the general official correspondence of the council and the city.

22 Inspection of documents Lyelector Validity of documents in court Duties of city treasurer Deposit of moneys Treasurer shall sign cheques Person ap pOinted to sign jointly with treasurer CITY (PART III) 1951

(4) The ,cityclerk shall perform all such other duties as may be prescribed by this Act or assigned to him by the council. 60. Any electQr may at all reasQnable times inspect, (

a) any contract, account or by-law; (

b) any report of the commissioners or of any commit tee or of any official of the city after it has been submitted to. the cQuncil, other than an opinion or report of the city solicitor or of any counsel engaged by the city; (

c) the minutes of council, after the same have been adQpted, hy the council; and the clerk shall, within a reasQnahle time afte'r demand by an electQr, furnish him with copies 'Of any such docu ments or parts thereof at the rate 'Of twenty-five cents per one hundred words, each figure to. be counted as one word. 61..

A copy of any boo.k, reco.vd, document or accQunt certified under the hand of the clerk and the city seal shall be received in evidence in all ,courts witho.ut proof o.f the seal o.f the -city or of the signature o.r official character of the perso.n appearing to have signed the same unless the co.urt or a judge thereof otherwise o.rders. City Treasurer. 62.

The city treasurer shall co.llect, receive and safely keep all moneys belonging to. or accruing due to the city from whatever source, and shall payout the same only to such persons and in such manner as is directed by law or by the by-laws or resolutiQns o.f the co.uncil. 63.-

(1) The treasurer shall deposit or cause to be de posited in the name o.f the city, ina chartered. bank or in a treasury branch designated by reso.lution of the co.uncil, all moneys received by him.

(2) The treasurer, with the approval of the co.uncil, may authorize any department to deposit directly the moneys received by it.

(3) Deposits shall he made daily 'Or as often as the counQil may direct.

(4) Subject to the provisions of

section 64, the treasurer jo.intly with the mayor, o.r such other person as the council mayfro.m time to time appoint, shall sign all necessary cheques. 64.--

(1) Unless otherwise provided by resolution of the council, the mayor or such other perso.ns as the council may from time. to. time appoint fo.r the purpose, shall sign jointly With the treasurer, all cheques issued by the city.

1951 CITY (PART III) 23

(2) The counc.iI, by resolution, may authorize the mayor Spec~a.l and treasurer to Issue each week, fortnight or month as the f~~~I:~~~ll case may be, a single cheque covering the . total~mount cheques of the weekly, fortnightly or monthly payroll such cheque to be deposited in the bank in a wages acco~nt and to be paid out upon cheques signed by the treasurer alone.

(3) The council may, by resolution, authorize the Refund treasurer alone to sign and issue cheques for refunds of cheques deposits.

(4) T'he council may, by resolution, authorize the Relief treasurer alone to sign and issue cheques covering all or cheques any disbursements in connection with and authorized under any plan or scheme of relief from time to time in force in the city. '

(5) Any signature required by this

section may be Printed printed, lithographed O'r otherwise mechanically reprO'duced signat~re 'f th . d bIt' f ~h'l authorized I au OrIze y reso u IOn 0 v e counCI .

(6) The authority given by a resolution under subsec- Continuing tions' (2), (3), (4) or (5) shall be considered a continuing ~~t~~~it%g authority until the resolution is resdnded. cheques 65.-

(1) The treasurer shall keep and make use of such Type of hooks of record and account as the cO'uncil shall from time ~:~~~~~d to time require him to keep and use.

(2) The treasurer shall alsO' prepare and submit to the council monthly a correct statement of the moneys at the credit or debit of the city. Assessor. 66. The assessor shall assess all property, trades, busi- Duties of nesses, professions, and franchises which are liable to assessor assessment under the prO'visions of this Act, or are liable to assessment under the provisions of any by-law of the city which has been passed under the authority O'f this Act, and shall perform such other duties as may be delegated to him by the council. City Solicitor. G7.

The city solicitor shall be a member of The Law Qualification Society of Alberta, and the council may determine his duties ~~~i~;ties and the terms and period of his employment. solicitor 68. Notwithstanding that the remuneration of the city ~emunera solicitor is paid wholly or partly by salary, the city shall be ~~~rcffo~lty entitled to tax and collect lawful costs in all actions and proceedings to whi'ch the city is a party. Auditor. 69.-

(1) The council shall from time to time and as ~pointl~ent .' d·t and qua 1- often as the office is vacant, appoint one or more a}l 1 ors fication of but no one who at the time of appointment or during the auditor

24 Duties of auditor Provision for eontillu ous audit Auditor shall prepare statement and report Auditor's report mailed to J\Iinister and mayor Auditor's report to be published CITY (PART III) 1951 preceding year is or was a member of the council, or is or was the city clerk, comptroller, or treasurer, Qr has or had, directly or indirectly, alQne or with any Qther perSQn, a share or interest in any CQntract Qr emplQyment with or Qn behalf Qf the city, except as auditor, shall be so apPQinted.

(2) A partnership may be aPPQinted auditQr. 70.-

(1) The auditor shall, at least Qnce in every three months during the year, examine, audit and report UPQn all books and a'ccounts affe,cting the ,city Qr relating to' any matter under its cQntrQI Qr within its jurisdictiQn, and after the examinatiQn Qf every account, vQucher, receipt and paid debenture, shall stamp thereQn in indelible letters the wQrd "audited".

(2) The auditO'r shall, Qn every such occasiO'n, write a special report respecting all expenditures made contrary to law, by-law O'r resO'lutiO'n, and shall deliver the report to' the mayor whO' shall lay the same befO're the cO'uncil at its next meeting. 71. The cQuncil may, by by-law, prQvide that the auditQr shall cQnduct acO'ntinuO'us audit and may by the same Qr a similar by-law prQvide that the auditO'r shall audit all accQunts befO're they are paid. 72.-

(1) On O'r befO're the first day Qf April in each year the auditor shall prepare in such fO'rm as the cQuncil may direct, an abstract O'f the revenue, expenditure, assets and liabilities O'f the city up to' the thirty-first day O'f December O'f the preceding year, including a statement showing the tQtal amO'unt O'f debentures authO'rized to' be issued, the de bentures actually issued, thO'se actually SQld O'r O'therwise and hO'W disposed O'f and thO'se remaining Qn hand, and shall make a special report respecting any expenditures made cQntrary to' law.

(2) The auditO'r shall fQrthwith send by prepaid PQst, a CQPy O'f the abstract and repO'rt to' the Minister and a copy to' the maYQr, whO' shall lay the same befQre the council at its next meeting.

(3) The council, Qn 0'1' befQre the first day Qf June in each yeEtr, shall ~ause the abstract and repO'rt, Qr a synQPsis there Qf, to' be published in Qne O'f the fO'llowing ways,- (

a) in a newspaper published Qr circulating in the city; or (

b) in pam'phlet form fO'r distribution by mail O'r other wise to' the ratepayers; Qr (

c) in such O'ther manner as the council deems advisable in O'rder to give such information to the ratepayers ,concerning the financial affairs of the city as the cQuncil deems reasonable and proper.

1951 CITY (PART III) 25 73.-

(1) Any elector may inspect the said abstracts and Irmp{:ction of reports at all reasonable hours, and may by himself or his ~r~~tl~~.by agent and at his own expense take a copy thereof or ex- tra'ct therefrom. (?) The council may provide for a supply of printed Provision for COpIeS of the abstract and report and may provide for the sa~e of I f h . . '.. prInted sa e 0 suc copIes, If there are suffiCIent prInts avaIlable, auditor's at such price as the council may set. report 74. The financial year of the city shall commence on the Financial first day of January and close on the thirty-first day of yen", defined December. Comptroller. 75.-

(1) The ,council may appoint a comptroller or chief Appoillt.Illent. accountant who shall keep all the city's books other than and dutie,:; ot • comptroller those requIred to be kept by the treasurer, in connection with the receipt and disbursement of moneys.

(2) If such appointment is made the auditor or firm of Duties of auditors, appointed by the council shall,- ~'h~i:~r (

a) examine, audit and report annually upon the books com~trtOldlcr and accounts affecting the city or relating to any nppoll1 e matter under its control or within its jurisdiction; (

b) supervise the work of the accounting staff; (

c) supervise generally the accounting in all the city departments; and (

d) make special reports on any expenditure made con trary to law or by-law or resolution of council.

(3) In such case the council may assign to the comptroller Special or chief accountant such of the duties set out in sections 71 ~~I~~~r~;ler and 72 as are not assigned to the auditor mentioned in sub- section (2). City Engine·er. 76. If a council appoints an official with the title of Qm~lificatioll b f th A 't' f of city city engineer he shall be a men1 e1' 0 e ssocla IOn 0 engin"ct-r Professional Engineers of Alberta.

General Pro,visions Relating to Officials and Employees. 77 No member of the council shall be eligible for ap- Council • . th th th t f member not poin1iment to any CIty office 0 er an a 0 mayor or eligible deputy mayor. 78 The council shall not call for tenders from applicants Tenders dis- • allowed for any office. 79 All officials and employees appointed by the council 'l'el:m uf • f th 'I office shall hold office during the pleasure o· e counel or as expressed in their appointment.

26 Oath of office Provision for board of police com missioners Remunera tion of police commis sioners Council may prescribe operation of board of police com missioners Council may provide board with authority to operate police force CITY (PART III) 1951 80.-

(1) Every official of the city shall before entering upon the duties of his office make and subs.cribe the official oath prescribed by The Oaths of Office Act.

(2) The officials who are required as aforesaid to make an oath of offi·ce shall make and subscribe the said official oath before a commissioner for oaths, a notary public or justice of the peace.

(3) The deponent, affiirm·ant or declarant shall sub scribe every oath, affirmation or declaration required under this Act, and the person administering it shall duly admin ister, certify and preserve the same and shall, within eight days, deposit it in the offi'ce of the dty clerk, who shall pre serve it among the ,city records. DIVISION C-BOARD OF POLICE COMMISSIONERS 81.-

(1) In eve,ry city the council, by by-law, may pro vide for a board of police commissioners ·consisting of one or more persons to be appointed by the council.

(2) In case of inability to act for over two months due to absence from the city or illness of any person appointed by the council under subsection (1), the council may appoint a person to act during the inability of the member. 82. The council may provide for the payment of a reason able remuneration to each mem,her of the board for his services, or to any person appointed under

section 81 to fill a vacancy. 83. The council, by by-law, m,ay 'prescribe,- (

a) the powers and duties to be exercised by the board; (

b) rules and regulations governing the proceedings of the board and the conduct of its meetings; (

c) the board shall have sole charge and control of the powers and duties delegated by the council to the board. 84. The by-law passed by the council may provide that,- (

a) the police force shall consist of a chief of police and as many constables and other officers and assistants as may be deemed necessary from time to time by the Board; (

b) the board shall ap,point the members of the police force who shall hold office during pleasure; (

c) the board shall have sole charge and control of the force and of the police department; (

d) the board from time to time may make such regula tions as it may deem expedient for the government of the force, for preventing neglect or abuse and for rendering the force efficient in the discharge of its duties.

1951 CITY (PART III) 27 85.-

(1) If authorized to do so by by-law of the council Boardmay th ' b' d ' pass by-laws . e oar may pass by-laws in respect of all matters within Its powers, and such by-laws shall be sufficiently authenti- cated by the signature of the chairman.

(2) A copy of any such by-law, either written or printed, purporting to be certified a true copy by a member of the board shall be received in evidence in all courts without proof of the signature or official character of the member who signed the same. . 8,6.

Where the board has authority to make by-laws it Board ma~' shall ha ~e pow~r in and by such by-laws to attach penalties ~~~~l~Tes for for the Infraction thereof and such penalties may be re- infraction of cove;ed by way of summ~ryconvi'ction before the police by-laws magIstrate of the city Gr before a justice of the peace re- siding in or near the city. 87. Each member of the police force, before entering Oath of upon his duties, shall take and subscribe the official oath of~~ce by prescribed by The Oaths of Office Act. po Ice 88.

Subject to the paranlGUnt authority of the board, Du~ies of the members of the police fGrce shall obey all lawful direc- pollce tions, and be subject to the orders of the chief of police, and shall 'be cha'rged with the duty of preserving the peace, apprehending offenders and generally with the performance of all duties which by law devolve upon constables and peace officers. 89.-

(1) Any member of the for,ce may be suspended Susp~n~ion by the chief of police, who shall forthwith report the sus- ~L~~\~~ pension to' the board of police commissioners, or if there is no bGard, to the ,council.

(2) Any member suspended or dismissed shall have the Right of ri~ht to be heard in person or through his solicitor before ~~~fc~n~ed the board or the council, as the case may be. hearing

(3) The board or the council, as the case may be, may dis- Reinstate miss or reinstate any member of the force suspended by the ~~~~~~ed chief of police. police 90 -

(1) The boa I'd or the council, as the case may Investigation . ., d t f b . f th of conduct be, may Investigate ,the con uc. 0 3:ny mem ~l o. e of member police for'ce either of Its o~vn motion 0t: In connectIOn wI~h a charge of negligence or mIsconduct or In case of suspenSIOn.

(2) For the purpose of the investigation it shall have -,:\.utho~·ity .of th 't f II"t t 'InvestIgatll1'" all the powers and au orl y or c0!llpe lng w~ nesses 0 body '" attend and testify under oath concernIng the subject ~at~er of the investigation, for preserving order and for pUlllshlng for contempt that may be exercised by a police nlagistrate or justi.ce of the peace in respect of criminal or quasi- criminal matters being heard before him. 91 -

(1) SubJ'ect to the IJrior al)proval of the Lieutenant pro\lolsiOIl (tUI' • .. .• , temp o:nnen Governor in Council, the councIl of a CIty may ~nwr H1 <) of RC.7\f.l',

28 Term of office of aldermen at first election Term of office of aldermen at first election fol lowing increase in number Term of office of aldermen at regular annual election CITY (pART IV) 1951 arrangements with the Government of Canada for the use or employment of the Royal Canadian Mounted Police, or any portion thereof, in policing the municipality and in en forcing the laws of the municipality, and may, in any such arrangement, agree upon and determine the amount of money to be paid by the municipality for such services.

(2) Where a city enters into such arrangements the pro visions of sections 81 to 90 shall not apply.

PART IV ELECTIONS First Election. 92.-

(1) In the case of a first election of aldermen in a city the three candidates first in order of nomination in case no poll is held, or the three .candidates who stand first, second and third on the poll in the event of a poll being held, shall hold oflke for two years.

(2) The remaining three candidates next in order of nomination in case no poll is held or the three ·candidates who stand fourth, fifth and sixth on the T>oll, in the event of a poll being held, shall hold office for one year.

(3) In each case the term of offke shall commence with the date of the first meeting of the new council following the date of the election as provided by

section 27. First Election Fallowing Increase in Aldermen. 93. In the event of a by-law being passed and approved under the provisions of se'ction 21, the terms of office of the aldermen .composing the new council shall be determined in the same manner as that provided in a first election by

section 92; provided, however, that the ratio of one-half the number of aldermen to the total number shall be maintained in like manner as that provided by the said

section 92. Annual Election. 94. Following a first election, or following a first election after an inc-rease in the number of aldermen, as the case may be, one-half the required number of aldermen shall be elected annually and shall hold offi·ce for two years commencing with- the date of the first meeting of the council following the date of the election. Qualification of Mayor and Alderman. Qualificatiun 95.- (1 ) No person shall be qualified to be elected mayor of mayor and • • alderman or a merilber of the counCIl of a CIty unless,- (

a) he can speak, read and write the English language; and· (

b) he is a Canadian citizen; and

1951 CITY (PART IV) (0) he is o.f the full age of twenty-one years at the date o.f no.minatio.n; and (

d) he is not disqualified under this or any other Act; and (

e) he is a -resident o.f the city and has resided therein fo.r twelve co.nsecutive months immediately pre ceding the date of nomination; and (

I) he is entitled to. have his name appear upon the vo.ters' list. '

(2) No person eligible for election as mayor, alderman Candidate o.r school trustee shall be permitted to be a candidate limited,to at one election for more than one of such offices nor shall one offlce any person be permitted to hold at one time mor~ than one o.f such offices.

(3) Any person holding the o.ffice of mayor, alderman or Office schoo.l trustee shall not be eligible to be a candidate for any h~l~er not other sU,ch office,- ~~~~~~~~: (

a) unless his term of office is expiring; or ~~~i~!her (

b) unless he has resigned his office eff ecti ve on o.r before the fifteenth ..Q.ay-~-()I"septemb~t in case his term of office is not expiring. 29 96. The follo.wing persons shall not be eligible to be 1'eI'80118 not elected mayo.r or a member of the council o.r be entitled to. eligi~e a.':lf sit or vote thereo.n,- ~~~~c~r 0 (

a) any judge of any court o.f civil jurisdiction; (

b) any sheriff, deputy sheriff or bailiff; (

c) any constable or police officer; (

d) any gaoler or keeper of any house of correctio.n; (

e) any paid offi,cial or employee of the city; (

I) any person who. is fo.r the time being a party to any subsisting contract with the city unde-r whkh any money of the city is payable or may become payable for any service, work, matter or thing, or who. has any pecuniary interest in any such contract, whether the interest is direct or indirect; (

g) any person who. is surety for an officer or enlployee of the city; (

h) any perso.n who has been convicted of a criminal offence punishable by death or imprisonment for more than five years; (

i) any person who, at the time of nomination, is in debted to. the ;city for taxes for mO~'e than the t~o calendar years immediately preCedIng the year In which the election is held or who, having entered into. any agreement for the co.nsolidation of the arrears o.f taxes owing by him to the city, is at such time in default in the payment of any sums payable under the agreement; (

j) any person who, having been elected as a me~b~r ~f the ,council,-

'30 CITY (PART IV) 1951 (

i) has resigned his seat thereon,- , (

A) on account of any matter or thing which would disqualify him for election as a member of the council or to sit or vote thereon; or (

B) for the purpose of avoiding the making of restitution for any money received by him in contravention of any of the provisions of this Act; or (ii) has been dismissed from the council under the provisions of

section 40, subsection (1), clauses (

a) or (I) ; until the expiration of three years from the date of the resignation or dismissal. Exceptions 97.-

(1) Clause (

I) of

section 96 shall not apply to any to clause (

f) of

section 96 person by reason only,- (

a) of his being a shareholder in any incorporated company having a contract or dealings with the council,- (

i) unless he holds or there is held by himself and his spouse, parents, children, brothers. and sisters, more than twenty-five per cent of the issued capital stock of the corporation; or (ii) unless the contract or dealings are for the building, construction or repair of a public work of the city; (

b) of his contracting with the council for the supply to him of any service or commodity which the council has statutory authority to supply; (

c) of his being interested in any publi,cation in which official advertisements of the ,council appear or which is supplied to the council or any offi,cial there of at the usual rates; (

d) of his having a lease of twenty-one years or up wards of any property from the city; (

e) of sales of goods and merchandise to the city or to persons contracting with the city made by a dealer in those goods and merchandise incidental to and in th~ ordinary course of his business at competitive prIces; (

f) of any services rendered by a medical man to in digents who are residents of the city for which the city is or may become liable to pay; (

g) of professional services rendered by a barrister and solicitor to the city, provided that the charges for the services have been taxed under the pro visions of the Rules of the Supreme Court of Alberta and the amount of thecha,rges as taxed does not exceed the sum of two hundred dollars in any year.

1951 CITY (PART IV) 31

(2) No mayor or alderman shall VOote in the cOouncil,- When (" ) t' ff t' 'member of "a on 'any ques IOn a ec Ing a company of whi,ch he is council shall a shareholder; no,t vote (

b) on any contract for the sale of goods and merchandise tOo which he is a 'party; (

a) on anr ques~ion affecting the lease Oof any property of whIch he IS the leaseholder from the city; (

d) on any question affecting land of which he is the purchaser frOom the city under an agreement of sale, Qualification of Voters. 98. The perSOons qualified to vote for mayor and alder- Pers~n.s man at any election shall be every person of the full age f~a~I~~~ed of twenty-one years,- for mayoror-alderman (

a) whose name appears upon the last revised vOoters' , list; (

b) whose name does not appear UPOon the last revised voters' list, and whose name appears upon the last revised assessment roll in respect of land or busi ness liable to taxation, if su:ch person takes the oath or affirmation in Form 14 in the 8chedule; (

a) whOose name does not appear UPOon the last revised voters' list and who is a British subject and has 'continuOously resided in the city fOol' a periOod of six ,consecutive months immediately preceding the first day Oof May and whOo continues tOo reside therein, if such person takes the oath 001' affirmation in FOorm 15 in the Schedule, Voters' List. 99. The council shall by by-law, divide the city into "!~~~~~~Sh POolling divisions, and may from time to time alter the p?lli~g boundaries of any or all polling divisions by subsequent dIvislOns b'y~law. 100.-

(1) Wherever in this Part there is a reference to City clerk's , 'th I t' election the duties of the city clerk in cOonnectlOn WI any e ec lO,n duties and the cOouncil has appointed some other person tOo perform those duties it shall be deemed tOo be a reference to such other person as the ,council may have appointed,

(2) The city derk, or such other person as the cOouncil ~eoct:::~~~st may apPOoint shall prepare a voters' list in each year. each year Enumeration. 101 h h 11 b t " h ar Enumeratioa .-

(1) T ere s a e an enu,mera IOn In eac y~ each year unless the 'council by by-law provIdes that enumeratIon unless , , 'I otherwise shall take pla~e at less frequent Interva S, provided

(2) The council, prior tOo May first in each ,y~ar in which ~lPointment enumeration takes pla'ce, shall make prOVISIOn for the enumerators

32 Enumerators appointed by council or city clerk Substitute (-numerator Heg"ulations as to conduct of enumeration Oath of (-numerator 'l'ime for completion of voters' list. Vcters' list arranged according to polling di\"isions Voters list to contaln,- name ot purchaser of land CITY (PART IV) 1951 appointment O'f a suffident number O'f enumeratO'rs to' cO'm .. plete an enumeratiO'n O'f the electO'rs residing in each polling division.

(3) Such appointments may be made by resO'lution of the cO'uncil but if nO't so made the council shall, by resolution, delegate such appointments to the city clerk in which event it shall be the duty of the city clerk to appoint the enum erators.

(4) If for any -reasO'n an enumerator is unable to fulfill his duties or is found to' be incapable, the city clerk shall cancel the appO'intment O'f the enumerator and appoint an other enumeratO'r in his stead.

(5) The cO'uncil, by by-law, may pres'cribe regulatiO'ns and forms gO'verning the enumeration of the electors and unless otherwise prO'vided in the said by-law the enumera tion shall be ,condiucted as fO'IlO'ws,- (

a) on or bef.ore the last day of June in each year each enumeratO'r shall visit each place O'f habitation in the area assigned to him and in FO'rm 1 in the

Schedule shall recO'rd the name and address O'f each persO'n' -residing therein whO' is O'f the full age O'f twenty-O'ne years, is a British subject and whO' has cO'ntinuO'usly resided in the city for a periO'd of six mO'nths immediately preceding the first day of May in that year and has cO'ntinued to' reside therein; (

b) each enumeratO'r shall cO'mplete each enumeratO'r's fO'rm in duplicate in respect .of each person entitled to' vO'te at a municipal electiO'n in the current year and shall leave a CO'py at the residence O'f the persO'n described.

(6) Each enumeratO'r shall, upO'n cO'mpletiO'n of his duties, transmit to' the city clerk the O'r'iginal O'f all enum eratO'rs' forms cO'mpleted by him.

(7) Each enumeratO'r appointed pursuant to this sec tiO'n, befO're acting as such, shall take the oath of O'ffice in FO'rm 2 in the

Schedule which may be swO'rn befO're a justice O'f the peace, acO'mmissiO'ner fO'r O'aths, a nO'tary pubHc, or the city clerk. Preparation of Voters' List. 102.-

(1) The vO'ters' list shall be prepared in the maliner hereinafter prO'vided priO'r to' the fifteenth day of August.

(2) The list shall be arranged accO'rding to' the polling divisiO'ns fixed by the cO'uncil, as prO'vided by sectiO'n 99 and the names thereO'n shall be in alphabetical O'rder accO'rding to' each pO'lling divisiO'n.

(3) The list shall contain the fO'llO'wing particulars, which when possible, shall be taken frO'm the assessment roll,- (

a) the name O'f every ;p:.urchaser entitled to' the pO'sses siO'n O'f land liable/tO' 'taxatiO'n for general municipal

1951 CITY (PART IV) purposes whose name appears upon the last revised assessment roll and who is of the full age of twenty one years; 33 (

b) the name of every owner of land liable to taxation name of for general munidpal purposes of which there is no owner of . h h . ~~ pure aser w ose name appears upon the last revIsed assessment roll, and \vho is of the full age of twenty- one years; (

c) the name of every person who is liable to a business name of tax in respect of a business and whose name appears PI.erbslonf th I t . Ia e or upon e as revIsed assessment roll, 'and who is of business tax the full age of twenty-one years if not entered upon the list under the provisions of clauses (

a) or (b) ; . (

d) the street address of the voter's residence or a brief voter's description of the land in respect of which he is ~;r!~t ~~ assessed or a statement of the business in respect description of which he is assessed; ~~;~~::~~ble (

e) the letters "88" if a separate school supporter; (

I) the letter "B" opposite the name of each person en titled to vote on a by-law requiring the assent of the proprietary ele'ctors.

(4) Where 'an elector is resident in a polling division Resident in the city his name shall be entered on the voters' list in ~l~ctor on that division only. IS

(5) Where an elector is not a resident within the city Non-resi his name shall be entered on the voters' list in the division dent. elector in whkh the land or business in respect of which he is on lIst. qualified is situated.

(6) Where an elector, who is not resident within the Where ncn city, is qualified in respect of land or business in more than ~~~~~~~ in one division his name shall be entered on the voters' list more than in the division in which his assessment is highest, or, in the ~f:iSrOO~ling case of equality of assessment his name shall be entered on the voters' list in that division which bears the lower or lowest number, as the case may be.

(7) The -city clerk shall also enter upon the voters' list, Addition:;; to th . I h b . I d f II h voters' lIst . e names In a p a ebca or er, 0 a persons w ose names do not already appear on the list who are British subjects of the full age of twenty-one years, and who have con tinuously resided in the city for a period of six ,months im mediately preceding the first day of May in that year, and whose na,mes appear on the list prepared by the enumerators referred to in

section 10l. . 103.-

(1) When thhe voters' litstf.hfteas btehen prepar.edd'dbbut ~g:::~~li~i In any event not later t an Augus I - en ,as prov!' e y

section 102, the city clerk shall post up one :copy of the list in his ofllce and one copy in each of two other conspicuous places in the city.

(12) He shall also post up in a consPficuhoul~ pt1ache . inh' each ~~~if~f of pol ing division a copy of that

part 0- t e IS w IC con- yoters'. list tains the names of those entitled to vote in the polling ~~y)~n~s~ division.

34 ['ulolicatioll of notice PEnalty for destruction of voters' list Application of omiiHed person. Application to be made personally. Penalty for false statement Verification of qualifi cations Addition of name of appli cant Rejection of apI)li cation Notice of rejection. Applic'U tion to strike name off voters' list CITY (PART IV) 1951

(3) He shall also publish once a week for two con secutive weeks in a newspaper or newspapers published in the city a notice stating that the lists have been prepared and posted for inspection, stating the pla'ces where they are posted and the time within which application for amend ments thereto may be received by him. 104.-

(1) A person unlawfully taking down, covering up, mutilating, defacing or altering a voters' list shall be guilty of an offence and liable, on

summary conviction, to a fine not exceeding one hundred dollars, and in default of 'payment, to imprisonment for a term not exceeding six months, with or without hard labour.

(2) A copy of subsection (1) shall be reproduced upon the fa'ce of every voters' list. 105.-

(1) Any person who is otherwise qualified to vote but whose name does not appear on the voters' list referred to in

section 103 may make application to the city >Clerk to have his name added to the voters' list at any time during office hours of every business day from the sixteenth day of August to the sixth day of September.

(2) The application shall be made personally and shall be in the form of a de:claration setting forth the qualifica tions of the individual applying.

(3) Any person making a false statement in any such declaration shall be liable on

summary convi'ction to a fine of not less than ten dollars nor more than one hundred dollars.

(4) The city clerk shall receive .all applications properly made under the provisions of this

section and in order to verify the qualifications of any applicant may require him to furnish satisfa'ctory proof thereof and shall have author ity to take the affidavit or statutory declaration of the applicant or of any other person he shall see fit.

(5) If the city clerk is satisfied that the applicant is qualified to have his name added to the voters' list he shall add the name to the list in the- proper polling division .and shall notify the applicant of the addition.

(6) If the city clerk is not satisfied that the applicant is qualified to have his name added to the voters' list he shall reject the application and shall notify the applicant of the rej~tion and the reason therefor.

(7) The clerk shall include in the notice of rejection a statement advising the applicant that he may make a further application to the court of revision of the voters' list. 106. Any person who is, or who claims to be, an elector may apply to the court of revision to have the name of any person struck off the voters' list on the grounds that such person is not qualified as an elector and to have the na,me of the proper person, if any, substituted therefor.

1951 CITY (PART IV) 107.-

(1) Any person who challenges or takes objection ~otice of to the name of any other person upon the list upon the ~~allengc ground that such other person is not duly qualified to be objection an elector may give written notice not later than the tenth day of September to the city clerk stating the ground of his challenge or objection and the reason therefor. 35·

(2) Notice of the challenge or objection shall be sent Notice to forthwith by the city clerk to the person challenged or ~~~~~~~'Iged objected to, if living. .

(3) If the person whose name is ohallenged or objected to "is alleged to be dead, the city clerk shall make due inquiry and report the result thereof to the court of revision. 108. Any person who claims to be duly qualified as an Personal elector but whose name does not appear on the list may 'aPf~lic~ appear personally before the court of revision and a'pply to ~~ur~~/ have his name added to the list. reVlSlOll Court of Revision. 109.-

(1) The council of each city, prior to the first COl~r~ of day of September in each year, may provide by resolution ~~~l~~ that the court of revision shall be composed of a revising revising officer. officer

(2) If such provision is made the council shall appoint Persons . . ffi who may as a reVIsIng 0 eel' ,- be revising (

a) any judge of a District Court; or officer (

b) the Clerk of the SUpl'elne Court for the Judicial Distri,ct in which the city is situated; or (

c) any duly qualified barrister or solicitor practising in Alberta who is a resident of the city and shall fix the fees to be paid to the revising offi,cer .at such amount as the council deems reasonable.

(3) Unless provision has been ,made for the appointment of a revising officer the ,council shall be the court of revision. 110. The city clerk shall be the clerk of the court of Court of • • revision reVISIOn. derlc 111. On or 'before the first day of September in each '.rime and year, the council shall set the time or times and the place ~~~~~ o~or when and where the court of revision shall be held. revision 112.

The city clerk shall cause to be published forthwith ~otice of , . ' 1 t' . th time aIHl In two or more Issues of a newspaper Clr'cu a Ing In e place. city a notice stating the time and place fixed for the hear- ing by the court of revision of applications for amendments to the voters' list. 1:13.-

(1) On or before the twentieth day of September ~e:~~:d in each year, the court of revision shall hear and finally yoters' list

36 No deletion without per~on's right to be heard Penalty for default of city c:lerk "yoters' Ii>:t." Voters' list to be con tinuing Powers of court of reyislon Polling places Returning officer may set pol:Iing places DuUes of clty clerk I'B elec:tion prepara tions CITY (PART lV) 1951 determine all applications for amendments to the voters list and the city clerk shall amend the voters' list in the m~anner so determined.

(2) No name shall be deleted from the voters' list unless the person concerned, if living, has been given an op'portun ity to be heard, or if dead, proof of death satisfactory to the court of revision has been produced. 114.-

(1) Any city clerk who knowingly enters in the list the name of any person who has no right to be included therein pursuant to the provisions of this Act or who refuses or wilfully neglects or omits,- (

a) to prepare any voters' list 'as required by this Act; or (

b) to enter upon the list the, name of any person whose name appears upon the assess,ment roll; or (

c) to enter upon the list any other particular as re quired by this Act; or (

d) to revise the list in accordance with any of the requirements of this Act; shall in respect of each such entry, refusal, neglect or omission be guilty of an offence and liable on

summary conviction to a fine of not more than fifty dollars and costs.

(2) For the purposes of this

section the expression "voters' list" includes any copy thereof which the city clerk is required to prepare by this Act. 115. The voters' list ,as revised by the court of revision shall be the voters' list of the city for the ensuing year or until a new voters' list has been prepared and finally revised. 116. The revising offi,cer or the council, as the case may be, when sitting as a court of revision upon the voters' list shall have all the powers and privileges in respect of the attendance of witnesses, the imposition and recovery of 'Penalties, 'as are conferred upon the court of revision for the assessment roll as set out in

section 511. Procedure Preliminary to Conduct of Election. 117.-

(1) The council frOln time to time may designate the places at which polls shall be opened in case a poll or vote is required.

(2) In the absence of the designation of polling places by the ~ouncil the returning offi'cer shall designate the various pollIng places in ea,ch polling division. 118.-

(1) In all elections and voting required under any of the provisions of this Act, unless the council other wise specifically provides by by-law, the city clerk shalI,- (

a) be ex officio returning officer;

1951 CITY (PART IV) (

b) appoint such deputies, 'polling derks, -constables and other officials as may be requisite; (

c) provide .all necessary means and do all acts that may be requIred for the purpose of holding the election or taking the votes; and (

d) in case any polling place named in any by-law is not available he shall provide a convenient place in the vicinity and shall post a notice at the designated polling, place stating the place to which the poll is removed or station some pers.on thereat for the purpose of directing electors.

(2) In case the ,council determines to make special pro- Returning vision, it shall, at least two weeks prior to the last Monday ~ffiQe~ in in September in any year by by-law, appoint a returning c\~~ ~lerk officer for the next municipal elections in which case the returning officer so appointed shall have all the powers of the city -clerk in his capacity of returning officer.

(3) N.o candidate shall be appointed as an election official. 37 119. Every returning officer, deputy returning .officer, Declaration poll clerk, c.onstable or other official appointed to act at an 0fn e~'1tion election, before entering upon the duties of his office shall 0 lCla s make and subscribe a solemn declaration in Form 3 in the Schedule. 120.-

(1) When an oath, affirmation or declaration is Persons required to be taken or made bya returning officer or ~:~~~~ de deputy returning officer, the same may be made and sub- claration scribed before the city clerk, the poll clerk, a justice of the :~~~ebe peace, or in the case of a deputy returning officer before the returning officer, as ,,,ell as before any person authorized to administer an oath.

(2) The returning officer, deputy returning officer, any justke of the pea:ee or any person authorized to administer an oath may administer an oath, affirmation or declaration required to be made by a poll clerk, constable or other official under the provisions of this Act. 121.

If a returning officer dies or is unable to act from Substi~ute . . . . 't' . t returmng any cause, the CIty com-mIssIOners may, In wn lng, ap'POln officer. a person to act in place of the returning officer f<?r the purpose of any election or vote on a by-law then pendIn~ or to be held or taken within thirty days after such appoInt- ment, and the person so appointed shall have and be subject to the same powers, authorities, duties and liabilities -as a returning officer. Nominations. 122.-(1)' Nomination day for the annual civic election Dat~for. shaH be the fourth Wednesday in September. nOnllnatlOn

38' '['hne fUl' receiv:ing nomina tions Publication of notice of nomin ations Publication of notice 'of nomina tion meet ing llecelvlng of nomin ations Nomina tion for elective office to bein writing Penalty for false statement in candi dates' ac ceptance Hours for nomination meeting Adjourn ment of nomination meeting Day to day adjourn ment of nomination meeting CITY (PART IV) 19·51

(2) The returning offi,cer shall receive nominations atthe city hall on that day from ten o'clock in the forenoon to twelve o'clock noon. 123.-

(1) The returning offi'cer, at least six clear days previous to the fourth Wednesday in September in each year, shall publish in a newspaper circulating in the city a notice in Form 4 in the Schedule.

(2) In each city wherein there is published a daily news paper the returning officer shall also give noti~ce of the nomination meeting by adiVertising in such newspaper or newspapers each day during the week preceding nomination day in Form 4 in the Schedule. 124. At the tinle and place named in the nomination meeting notice the returning officer shall declare the meet ing open for the purpose of receiving nominations and he shall thereupon receive and ac'cept all nominations pre sented in the proper form within the hours specified in the notice. 125.

Every nomination of a ,candidate for any elective office shall be in writing signed by at least two electors and shall be accompanied by a written statement of the person nominated that he is eligible to be elected for such office and that he will accept the office if elected, and such nomination, statement and acceptance shall be in Form 5 in the Schedule. 126. Any person signing the candidate's acceptance who therein makes a false statement shall be guilty of an offence and liable on

summary conviction to a penalty not exceeding one hundred dollars and costs. 127.-

(1) The nomination meeting shall remain open until twelve o'clock noon when, if the number of persons nominated to serve any of the offices for which they have been nominated is equal to and does not e~ceed the requisite number, the returning officer shall declare the persons so nominated duly elected for the office for which they were nominated.

(2) In the event of the number of persons nominated for any office being less than the requisite number the meeting shall stand adjourned to the next day at the same place at the hour of eleven o'clock in the forenoon and such adjourned meeting shall remain open until twelve o'clock noon for the purpose of receiving further nominations for the office in res1pect of which the requisite number of nominations have not been received.

(3) So long as the number of persons nominated for any offi.ce are less than the requisite number, the meeting shall be adjourned from day to day at the same place and hour, and each adjourned meeting shall remain open until twelve o'clock noon.

1951 CITY (PART IV) Procedure Preliminary to Holding of Poll. 1:28.-:-

(1) If more than the requisite number of persons Poll de are nomInated for any office or offices the returning officer dared shall declare that a poll will be held for filling such office or offices. (2), The d3:te ?f polling shall be the thir.d Wednesday Date of followIng nO'minatIon day. polling

(3) If nominatiO'n day or polling day falls on a statutory When holiday in any year then nomination day or ·polling day as nomination th h . ,. day a e case may be, s all be the next legal day folloWing the holiday statutory h'Oliday. 129.-

(1) If more than the required number for any Withdraw particular office are nominated, any person so nominated, ~a~~om at any time within twenty-fO'ur hO'urs from the close of person the nomination period, may withdraw his name as a candi- date for the office for which he was so nominated, by filing with the returning officer a resignation in writing.

(2) If, after O'ne or more candidates have so resigned, the Effect of continuing candidate 0'1' candidates are required to fill the withdraw vacancy 'Or vacancies for which they were nominated, the als returning officer shall thereupon fO'rthwith declare the said continuing candidates 0'1' candidate elected to the offi'ce and no further resignations may be received, and no election to fill the said vacancy or vacancies need be held. 130. In case no poll is required by reason of the pro- Notice of visions of

section 129 the returning offi'cer shall forthwith fi~~c~~la cause to be posted in the city hall, and shall advertise at poll least once in one or more newspapers in the city, a notice in Forni. 6 in the Schedule. 131.

In case a poll is required the returning officer, after Notice.of the expiration of the twenty-four hour period referred to in f~l~';~l~\ sectiO'n 129 without further reasonable delay shall cause to be posted in the city hall, and shall advertise in one or more newspapers published in the city at least once in each of the two weeks immediately preceding the election a notice in FO'rnl 7 in the Schedule. 132. Voting shall be by secret ballot. Yoting if) l,\., by secret ballot 133.

The ,city clerk shall provide as many ballot boxes Number of f h II' d'" t b 'd ballot or eac po Ing IVlSIon as a.ppear 0 e reqUIre . lwxes 134. The ballot boxes shall be,- (

a) made of some durable material; (

b) provided with a lock and key; and (

c) constructed so that the >ballot papers can be de posited therein and cannot be withdrawn therefrom unless the box is unlocked. Construc tion of ballot boxes

40 DeIiH'l"Y of ballot boxes Printing of ballot papers Ballot paper in aldermallic election Ballot papers for mayor and aldermen separate Form of ballot papers Provision governing forms of ballot papers CITY (PART IV) 1951 135. When it becomes necessary for the purposes of an election to use the ballot boxes the city clerk shall deliver the same to the returning offi'cer who shall deliver the re quired number of ballot boxes to each deputy returning officer appointed for the purposes of the election, not later than fifteen minutes before the opening of the poll. 13:6.

The returning officer shall forthwith cause to be printed at the expense of the city a number of ballot papers sufficient for the purposes of the election. 137.-

(1) Every ballot paper in an aldermanic election shall contain a brief explanatory note stating the number of candidates required to be elected and voted for to make the ballot valid.

(2) Every ballot paper in an election for mayor shall contain a brief explanatory note stating that the ballot shall not be marked for more than one candidate.

(3) Every ballot paper shall contain,- (

a) the name of each duly nominated candidate ar ranged alphabetically in the order of their sur names, and if there are two or more candidates with the same surname in the order of their christian names; (

b) the occupation of each candidate. 138. The names of the candidates for the office of mayor or of alderman shall be placed on separate sets of ballot papers according to the office. 139.-

(1) The ballot papers for n1ayor shall be in Form 8 in the Schedule.

(2) The ballot papers for aldern1en shall be in Form 9 in the Schedule. 140.-

(1) Notwithstanding anything herein contained the council, by by-law passed before the first day of Septem ber in any year, may provide that the following provisions shall govern the forms of ballot papers,- (a) (b) . (c) (d) (

e) ballot papers shall be printed in as many lots as there are candidates for the offi'ce; in the first lot the names of the candidates shall appear in alphabetical order; in the second lot the names shall appear in the same order except that the first name in the first lot shall be placed last; in ea,ch succeeding lot the orders shall be the same as that of the lot preceding except that the first name in the preceding lot shall be placed last; tablets of ballots to be used at the several voting places shall be made up by combining ballots from the different lots in regular rotation so that no two

1951 CITY (PART IV) successive voters shall receive ballots from the same lot and so .that each eandidate's name shall appear first and In each other position substantially' the same number of times on the ballots used.

(2) Such by-law shall remain in force from year to year until repealed. 141. Before the openipg of the poll the returning Delivery officer shall eause to be delIvered to every deputy returning of election officer the ballot papers which have been prepared for use ma.terial in the polling ~ivision for which the deputy returning officer has been apPOInted to act, and such other materials as are necessary in order to enable the electors to mark their ballot papers. 142.-

(1) The returning officer, before the opening of Delivery ~he poll, shall cause to be deli~ered t<! eveFY deputy return- ~{o~~~~~ Ing officer such number of printed dIrectIons for the guid- guidance ance of voters as he may deenl sufficient. of voters

(2) Such directions shall be printed in conspicuous char acters and may be in Form 10 in the Sehedule. 41 143.-

(1) The returning officer, prior to every election Delivery or the voting on any by-law shall furnish each deputy re- and posting' t . ffi 'th tIt t' . f t' 4 d 5 f of pa.rt of urnIng 0 reer WI H eas wo COpIeS 0 sec IOns an 0 The Con- Th C t t d M .. l El t' A t troverted e on rover e unWl,pa ec 'tOns C. Municipal

(2) The deputy returning offi:cer shall post the same in ~~~ctions conspicuous places at his polling place and see that they are so kept posted during polling hours. 144.

Every deputy returning officer, before the opening Posting of of the pon or immediately after he has received the printed directions directi.ons from the returning officer, if he did not receive the same before the .opening of the poll, shall cause the said printed directions to be placarded outside the polling place for which he is appointed to act and also in every voting compartment of the polling place, and shall see that they remain so placarded until the close of the poll. 145.

Every polling pl3:ce shall be furnished with one ~r Vo.ting more compartments in which the voters can mark theIr ~~~~l:rt ballots screened, from observation, and it shall be the duty of the returning officer to see that such accommodation is provided at each polling place. 146.

The returning officer, before the poll. is opened, ~fe~i~t~;;' shall ,cause to be delivered to every deputy returnIng officer a list for copy, certified by the city clerk to be a ,correct ,copy, of the Pf1~i~lg voters' list. for the .polling division for which th~ depu~y re- p turning .offi·eer is to act and a blank poll book In WhICh to record the names and qualifieations of the electors who vote.

42 1'011 book Election officials may vote where stationed Election official entitled to vote where stationed Persons entitled .to administer oath to election official Poll clerk may act for deputy returning officer A_ppoint- 111ent of constable J~lection official oath to be in Form 12 CITY (PART IV) 1951 147. The poll book shall be in Form 11 in the Schedule. 148.

The returning officer, on the request of any elector who has been appointed deputy returning officer or poll clerk or constable to attend at any polling place other than the one where he is entitled to vote, shall give to such elector a certificate that he is entitled to vote at the polling place where he is to be stationed during the polling day. 149.-

(1) On the ,production of the certificate the deputy returning officer, poll clerk or constable shall have the right to vote at the polling place where he is stationed during the polling day instead of the polling place where he would otherw

Document details

Collection	Alberta — Bills
Citation	L11 S4 6923
Type	bill
Volume / chapter	L11 S4 6923
Language	en
Format	json
Source	PROVINCIAL
Identifier	a20fdc86c9ee42dba2a38f8845ac37fa2f9f50cb

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