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PARKS TOWNS ACT

PARKS TOWNS ACT

Chapter P‑2

Table of Contents

                1       Definitions

                2       Agreement to form town

                3       Formation of town

                4       Limitation on powers of town

                5       Assistance of school board re town

                6       School board functions


HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,

                                 (a)    “agreement” means an agreement entered into between the federal Minister and the Minister pursuant to section 8.2 of the National Parks Act (Canada);

                                 (b)    “area” means a community located in a national park that would qualify to be formed as a town under the Municipal Government Act if that community were located outside a national park;

                                 (c)    “federal Minister” means the Minister of the Government of Canada who is responsible for the administration of the National Parks Act (Canada);

                                 (d)    “laws of Alberta” means any statute enacted by the Legislature of Alberta and includes any regulation or order made under a statute enacted by the Legislature of Alberta;

                                 (e)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

                                  (f)    “national park” means a National Park under the National Parks Act (Canada);

                                 (g)    “school board” means a board as defined in the School Act that administers a school district that is located in a national park;

                                 (h)    “school district” means a district as defined in the School Act;

                                  (i)    “town”, except in clause (b), means a town formed under this Act.

1989 cP‑1.5 s1

Agreement to form town

2(1)  When the Minister is satisfied that the majority of the electors of an area are in favour of forming a town, the Minister may enter into an agreement with respect to the formation of a town.

(2)  For the purpose of subsection (1), “elector” means a person who

                                 (a)    resides in an area, and

                                 (b)    is an elector of the school district within which the area is included.

(3)  The agreement may specify the laws of Alberta that are to apply to a town.

(4)  The agreement may provide that laws of Alberta that have been repealed continue to apply to a town.

1989 cP‑1.5 s2;1994 cM‑26.1 s642(48)

Formation of town

3(1)  On an agreement being entered into with respect to an area’s being formed into a town, the Lieutenant Governor in Council may make an order forming that area into a town.

(2)  The order forming a town shall

                                 (a)    describe the boundaries of the town as set out in the agreement;

                                 (b)    give a name to the town as “The Town of              ”;

                                 (c)    state the effective date of the order.

(3)  The order made under this section may be made effective on a date or dates as the Lieutenant Governor in Council may determine, which may be in the year that is prior to the year within which the order is made.

(4)  When a town is formed under this Act, the mayor, councillors and other electors of the town become a corporation with the name given to the town in the order forming it.

(5)  The Minister may make regulations

                                 (a)    governing the transfer from a school board to a town of any municipal function or service that is being provided by the school board pursuant to Division 5 of Part 6 of the School Act;

                                 (b)    governing, in accordance with an agreement, the dissolution of a town;

                                 (c)    providing for any matter with respect to a town that is necessary to achieve the purposes and intent of

                                           (i)    this Act or an agreement, or

                                          (ii)    an order made under subsection (1).

1989 cP‑1.5 s3

Limitation on powers of town

4   Neither a town nor its council is empowered to exercise any power under the laws of Alberta except as permitted by an agreement.

1989 cP‑1.5 s4

Assistance of school board re town

5(1)  Notwithstanding the School Act, the Minister may by order empower a school board, subject to any terms or conditions that the Minister considers appropriate in the circumstances,

                                 (a)    to take any action or perform any function with respect to an area that the Minister considers necessary to prepare for the formation of a town, and

                                 (b)    to make any bylaw relating to the operation of a town or the conduct of a town’s affairs that a council of a municipality may make under the laws of Alberta.

(2)  An order may be made under this section in respect of an area prior to the entering into of an agreement with respect to the forming of the area into a town.

(3)  On the day that a town is formed, a bylaw made pursuant to subsection (1)(b) with respect to that town becomes a bylaw of the town.

(4)  Subject to subsections (5) and (6), where a bylaw is made pursuant to subsection (1)(b), that bylaw does not come into force until the day that the town is formed.

(5)  Where a bylaw is made pursuant to subsection (1)(b), that bylaw does not come into force until it satisfies all the terms and conditions, if any, that apply to it as set out in the agreement entered into with respect to the forming of the area into a town.

(6)  Where a bylaw is made pursuant to subsection (1)(b) with respect to any subject‑matter that is governed by regulations enacted pursuant to a statute of the Parliament of Canada, that bylaw does not come into force until those regulations no longer apply to the town.

1989 cP‑1.5 s6

School board functions

6   Notwithstanding the School Act or this Act, a school board may

                                 (a)    continue to act pursuant to Division 5 of Part 6 of the School Act within that portion of the school district that is located outside the boundaries of a town, and

                                 (b)    enter into arrangements with a town that is located within the school district under which the town may exercise those powers referred to in section 181(1)(a) of the School Act in any portion of the school district that is located outside the boundaries of the town in the same manner as if the town were the school board.

1989 cP‑1.5 s7