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Coming into force
claimant and the amount claimed, the claimant shall pay all costs and expenses of the arbitration. If, however, the difference between the sum awarded to the claimant and the amount offered by the minister is greater than the difference between the sum awarded to the claimant and the amount claimed, the department shall pay the costs and expenses of the arbitration."
6. This Act shall come into force on the first day of May, 1922.
An Act to grant Special Powers to the Local
[Assented to February 9, 1922.]
IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:
1. This Act may be cited as The Local Government Short Board (Special Powers) Act, 1922.
2. In this Act, unless the context otherwise requires, Interprethe expression:
1. "Debentures" includes bonds, stock, temporary "Debentures" debentures, treasury bills, treasury notes and other like securities;
2. "Local authority" means the council of a city or "Local town, or the board of trustees of a town or high school district. New.
to make in
3.-(1) The Local Government Board shall have Jurisdiction jurisdiction to inquire into the affairs of any city, town, quiry high school district or town school district:
(a) when requested to do so by the Minister of
(b) when the municipality or school district has by
(c) when the creditors interested in at least twenty-
and the board shall for the purpose of such inquiry,
(2) Where the board has undertaken an inquiry into the affairs of a municipality or school district under the provisions of chapter 11 of the statutes of 1916 or Part II
Decision of the board final
of The Local Government Board Act, chapter 23 of The Revised Statutes of Saskatchewan, 1920, it shall have the same powers with regard to such municipality or district as it would have if the inquiry were initiated under subsection (1) of this section. R.S.S. 1920, c. 23, s. 52 (1) and (2), amended and redrawn.
4. The decision of the board as to whether or not a petition is sufficiently signed under section 3 or section 8 shall be binding and conclusive upon all persons. 1920, c. 23, s. 52 (3), redrawn.
Notice of hearing
NOTICE OF INQUIRY.
5.-(1) When the application is made by petition, the board shall, before commencing an inquiry, cause to be mailed by registered post to each of the petitioners whose name and post office address appear upon the petition, and to such other creditors as may be deemed advisable, and to the local authority concerned, a notice in writing giving the time and place when and where the board will commence such inquiry.
(2) When a request has been made under clause (a) or clause (b) of section 3, the board shall cause such notice to be given to such persons and in such manner as may be deemed expedient.
(3) In every case where notice has been given under the preceding subsections the board shall cause a similar notice to be inserted in The Saskatchewan Gazette and in one or more newspapers published in or near the municipality or school district. Such mailing and publication shall be deemed a sufficient service upon all persons interested. R.S.S. 1920, c. 23, s. 52 (4), amended.
POWERS OF THE BOARD.
6. The board shall have power:
(a) to order the retirement of outstanding debentures and accounts for new debentures to be issued; and to fix the terms and conditions upon which such exchange shall be made; to order the rebating or funding of arrears of interest or variation in the rate of interest payable on any debt of the municipality;
(b) to order the consolidation of the existing debenture debt and to authorise the issue of new debentures to cover such consolidation and outstanding accounts, and to fix the terms and conditions applicable thereto;
(c) to order that the holders of outstanding debentures and accounts shall be entitled to and be bound to accept in exchange for debentures or accounts held by them, debentures to be issued, and to fix the terms and conditions upon which such exchange shall be made, such debentures to be issued in such manner as the board deems advisable;
(d) to appoint a time and place at which outstanding debentures or receipts for accounts may be deposited or offered in exchange for debentures. issued or to be issued;
(e) to order that, after the provision for exchange or otherwise respecting the cancellation or calling in of outstanding debentures comes into effect, no levy of rates or sums imposed or required to be levied by the bylaws, under the authority of which the outstanding debentures or any of them were issued, shall be made:
Provided, however, that the board may order. and direct a continuation of the levies of rates or sums imposed against properties specially taxed under the authority of local improvement bylaws;
(f) to order that taxes, whether in arrears or not, be set aside to be used for any specific purpose or purposes;
(g) to order and direct how surplus capital moneys shall be disposed of;
(h) to ratify and confirm any agreement entered into by a local authority with the holders of outstanding debentures or accounts, provided that the terms of the agreement are such as might be ordered by the board. Such ratification and confirmation of such agreement by the board. shall make the agreement legal, valid and binding on all persons who are parties thereto or affected thereby;
(i) to order that a municipality or school district be relieved from or do defer levying in any year or for such term of years and upon such conditions as the board directs, any rate imposed by any bylaw or bylaws under which a debt was contracted prior to such order;
(j) to order that a municipality shall follow the ordinary procedure prescribed by the relevant municipal Act for the assessment of property and collection of taxes or that it shall adopt the special provisions of such Act with regard to those matters;
Stay of proceedings
(k) to order, notwithstanding anything in the relevant municipal Act, that buildings and improvements shall be assessed at their fair actual value or at such proportion or percentage thereof as may be deemed expedient and to classify businesses and fix the rates per square foot for each class for the purpose of business assessment;
(1) to prescribe and regulate the rates, rents, charges and fees to be charged, levied and collected for the services of municipal public works; and (m) to prescribe the fees to be charged for licenses. R.S.S. 1920, c. 23, s. 62; and partly new.
7.-(1) When notice of inquiry has been published in The Saskatchewan Gazette, as required by section 5, such publication shall operate as a stay of all actions or proceedings pending against the municipality or school district under inquiry, or as a stay of execution, as the case may be, and no action or other proceeding against the municipality or school district shall be commenced or continued nor shall a levy be made under a writ of execution against such municipality or school district, until the board orders that this section shall no longer apply.
(2) Where the commencement of an action or the taking of any other proceeding is prevented or delayed by reason of the provisions of this section, the time during which such prevention or delay continues shall not be computed for the purposes of any statute of limitations or any other Act or law limiting a time within which an action is required to be commenced or proceeding taken; but the person having the right of action or right to take another proceeding shall, upon the removal of the prevention or stay, have the same length of time. within which to take action or proceed as he had when such prevention or stay came into operation. New.
Report on refunding
REFUNDING DEBENTURE INDEBTEDNESS.
8. (1) In case the board is of opinion, upon inquiry, that a refunding or readjustment of the indebtedness of a municipality or school district is necessary for the rehabilitation of its finances, the board shall make to the Minister of Municipal Affairs a report of the facts with regard to such finances as shown by the inquiry, and shall forward a copy thereof to the local authority, to each of the petitioners where the inquiry was instituted on petition and to such other creditors as may be deemed advisable.