Bill 12 — (Second Session) First Session, 18Th Legislature, 24 Elizabeth Ii the Legislative Assembly of Alberta Bill 12 the Department O'F Transpo'Rtation Act (Legislature 18, Session 1)

L18 S1 5464

Alberta — Bills

1975 Bill 12 (Second Session) First Session, 18th Legislature, 24 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 12 THE DEPARTMENT O'F TRANSPO'RTATION ACT THE MINISTER OF TRANSPORTATION First Reading Second Reading ............... , , ........ , .. , Third Reading Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 12 BILL 12 1975 ( Second Session) THE D,EPARTME'NT O'F TRAN'5PO'RTATION ACT ( Assented to , 1975) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act, (a) "highway" or "road" (

i) means land used or surveyed for use as a public highway or road, :and (ii) includes a bridge forming part of a public highway or road and any structure incidental to the public highway or road or bridge; (b) "Minister" means the Minister of Transportation. 2. There shall be a department of the public service of the Province called the Department of Transportation over which shall preside the member of the Executive Council appointed by the Lieutenant Governor under the Great Seal of the Province as Minister of Transportation. 3.

(1) The Lieutenant Governor in Council may estab lish the offices of not more than three Deputy Ministers for the Department and shall designate the name for each office so established.

(2) In accordance with The Public Service Act there may be appointed (

a) the Deputy Ministers whose offices are established under subse'ction (1), and (

b) such other employees as are required to conduct the business of the Department. 4.

(1) The Minister may from time to time engage the services of experts or persons having special technical or oth~r knowledge to advise him or to inquire into and report to hIm on matters under the Minister's administration.

Explanatory Notes I.

Definitions. 2. Department of Transportation established. 3. Personnel. 4. Engagement of consultants.

(2) A person whose services 'are engaged under this

section may be paid such remuneration and expenses as the Minister may prescribe. 5.

(1) The Minister may establish such boards, commit tees or councils as he 'considers necessary or desirable to act in an advisory or -administrative capacity in connection with any of the policies, programs, services or other matters under his administration.

(2) The Minister may, with respect to any board, com mittee or council established under this section, (

a) appoint or provide for the manner of appointment of its members, (

b) prescribe the term of office of any member, (

c) designate a chairman, vice-chairman and secretary, and (

d) authorize, fix and provide for the payment of re muneration and expenses to its members.

(3) A board, committee 'Or council established pursuant to this

section may make rules of procedure, subject to the approval thereof by the Minister, governing the calling of its meetings and the conduct of business at its meetings.

(4) A board, committee or council established pursuant to this

section may exercise such powers 'and shall perform such duties and functions as the Minister may confer or impose upon it. 6. Unless the administration thereof is assigned or trans ferred to some other Minister by

an Act or by an order of the Lieutenant Governor in Council, the Minister of Trans portation has the administration of all highways the title to which is vested in the Crown in right of Alberta and all real property held, used or occupied for airports, airstrips or railways. 7.

(1) The Minister may make grants if (

a) he is authorized to do S'O by regulati.ons under this section, 'and (

b) moneys are appropriated by the Legislature for that purpose or the grant is authorized to be paid pursuant to a special warrant.

(2) The Lieutenant Governor in Council may make re gulations (

a) authorizing the Minister to make grants; (

b) prescribing the purposes f'Or which the grants may be made; 2

5. Advisory boards, etc. 6. Administ'ration of highw,ays, railways and airports. 7. Grants. 2

(c) (d) (

e) governing applkations for grants; prescribing the persons or organizations or classes of persons or organizati'Ons eligible for grants; specifying the conditions required to be met by any applicant for a grant t'O render that person eligible for the grant; (

f) prescribing the conditions upon which a grant is made and requiring the repayment thereof to the Government if the conditions are not met; (

g) providing for the payment of any grant in a lump sum or by installments and prescribing the time or times at which the grant or the installments may be paid; (

h) limiting the amount of any grant or class of grant that may be made; (

i) authorizing the Minister to delegate in writing to any employee of the Government any duty, power or function respecting the payment 'Of any grant; (

j) requiring any person receiving a grant to account for the way in which the grant is spent in whole Dr in part; (

k) authorizing the Minister to enter into an agreement with respect to any matter relating to the payment of a grant.

(3) Any regulation made under subsection (2) may be specific or general in its application. 8.

(1) The Lieutenant Governor in Council may make regulations providing for the guarantees by the Govern ment 'Of the repayment of principal and interest or principal or interest in respect of loans made for the purpose of under taking or developing proj ects directly beneficial to the development of transportation within Alberta.

(2) A guarantee of a loan pursuant to regulations under this

section (

a) shall be in a form approved by the Provinci!al Treasurer, and (

b) may?e ~xecuted on behalf of the Government by the PrOVInCIal Treasurer, the Deputy Provincial Treas urer or by any other person designated by the Provincial Treasurer, and the signature on the gua~antee by any person referred t~ !n clause (

b) is c~nclusive proof that the relevant pro VISIOns of the regulatIOns have been -complied with. 3

8. Guarantees. 3

9. The Minister may in writing (a) (

b) delegate to any employee of the Department any power, duty or function required to carry out any agreement entered into by or on behalf of the Minister, other than the power to make regulations; authorize any employee of the Department to enter into an agreement on behalf of the Minister. 10.

(1) The Minister shall establish and administer a stock advance fund for the Department.

(2) The Provincial Treasurer, upon the requisition of the Minister may make advances from the General Revenue Fund to the stock advance fund of such sums as the Minis ter may require to pay for land, machinery, vehicles, equip ment, stock or material required by the Department.

(3) The net amount of the advances at any time shall not eX'ceed $35,000,000. 11.

(1) Where land, machinery, vehicles, equipment, stock or material is purchased for and delivered to a par ticular department, branch or service, the Minister may charge the value thereof to that department, branch or service.

(2) Where land, machinery, vehicles, equipment, stock or material is purchased out of the stock advance fund for use by one or more departments, branches or services, and the value thereof is charged to and retained by the stock ad vance fund, the Minister may charge a fair rent for its use to the department, branch or service by or for which it is used.

(3) Where land, machinery, vehicles, equipment, stock or material purchased out of the stock advance fund is no longer required, the Minister may sell or otherwise dispose of the same on such terms and conditions as the Minister considers proper.

(4) The 'amount of (

a) each charge made by the Minister under subsections (1) and (2), and (

b) the proceeds of a sale or disposition made under subsection (3), shall be credited in reduction of the amount of the advances made by the Provincial Treasurer to the stock advance fund. 12.

(1) The Minister may sell, lease or otherwise dis pose of any public land under his administration.

(2) Where any machinery, vehicles, equipment stock.or material not acquired by purchase out of the stock advance 4

9. Delegation of powers. 10. Stock advance fund. I I. Changes for equipment, etc. 12. Disposal of land, etc. 4

fund is no longer required, the Minister may sell, lease or otherwise dispose of it 'On such terms and conditions as he considers proper and the proceeds, if any, of the s'ale or dis position form part of the General Revenue Fund.

(3) When practicable, property mentioned in this

section shall be sold, leased or otherwise disposed 'Of by tender or by public auction. ( 4) A lease or disposition of a mine or mineral shall be made pursuant to The Mines and Minerals Act. 13.

(1) On or before June 15 in ea'ch year the Minister shall cause to be prepared and submitted to the Provincial Auditor for certification the 'Operating account and the balance sheet covering operations of the stock advance fund for the immediately preceding fiscal year.

(2) The statements as certified by the Provincial Auditor shall be included in the public accounts for the year. (3) 'The Lieutenant Governor in Council by order may transfer to the General Revenue Fund a profit ,arising from the operations for the year as shown by the statements certified by the Provincial Auditor.

(4) If a deficit has occurred the amount of the deficit may be deducted from the profit of any succeeding fiscal year or years before the pr'Ofit is transferred to the General Revenue Fund. 14.

(1) There may be established a TransportaUon Safety Branch (hereinafter called "the Safety Branch") in the Department.

(2) One of the purposes of the Safety Branch is (

a) to investigate every 'aspect of motor vehicle acci dents with a view to compiling comparative statis tics on the causes of accidents, and (

b) to make recommendations, based 'On the investiga tions of the Safety Branch, for increased road safety.

(3) To fulfil its purpose the employee in charge of the SJafety Branch may, in writing, with respect to any accident, require from any insurance company earrying on business in Alberta, any or all of the following: (

a) copies of statements made by any person in con nection with the accident; (

b) copi~s of reports made by insurance company in vestIgators Into the cause of the accident and the conclusion of the insu~ance company on the liability of the persons involved; 5

13. Annual statements to Provincial Auditor. 14. Transportation Safety Branch. 5

(

c) details Df any money paid by an insurance company in respect 'Df prDperty damage. ( 4) The emplDyee in charge Df the Safety Branch, Dr a person authDrized by him, may interview (

a) the drivers involved in the accident, (

b) any witnesses to' the accident, and (c) 'any Dther perSDn who. may be able to. give infDrma tiDn (whether directly relevant Dr nDt) which will assist in determining the reaSDns fDr the accident, and with the CDnsent Df the person interviewed take state- ments in writing.

(5) Any person authDrized to. cDnduct interviews under subsectiDn (4) shall carry with him an identification card issued to him by the emplDyee in charge Df the Safety Branch and shall produce it fDr the inspectiDn Df any perSDn who requests to. see it.

(6) In the interests of Dbtaining full and true inf'orma tiDn concerning an accident, any file, dDcument Dr paper kept by any perSDn in the Safety Branch that deals with the accident, including all matters incidental thereto., and that has come int'O existence thrDugh anything dDne under or pursuant to. this sectiDn (

a) shall nDt be disclDsed to. any perSDn who has not taken the Dath pursuant to subsection (10), Dr (

b) shall not be used in any court prDceedings, or (

c) shall not be used for any other purpose except the purposes stated in subsection (2).

(7) No perSDn who. has taken the Dath under subsection (10) shall disclose Dr be cDmpelled to disclose any infDrma tiDn Dbtained by him in thecDurse 'Of the perfDrmance of any duties under this section.

(8) In Drder to infDrm the Minister or the public of the nature and cause Df accidents, the Safety Branch may pub lish reports, statistics or Dther infDrmatiDn but no (

a) report, or (

b) statistics, or (

c) other published informatiDn, shall contain particulars which would enable any person to. identi~y the publication a~ being particulars relating to any l?artIc';ll~r person Dr aCCIdent unless the previous con sent In wrItIng of the perSDn (or if more than one all of them) has been obtained fDr release of the informati~n.

(9) Publication of repDrts under subsectiDn (8) is nDt a contravention Df subsectiDn

(6) Dr (7). 6

(10) Every employee ,Or any other person employed in. 001' in connection with the Safety Branch, before commencIng his duties, shall take the following oath of secrecy: "I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. do solemnly swear that I will not, without due authority, disclose or make known any matter or thing that 'Comes to my knowledge by reason of any employment in or by the Transportation Safety Branch."

(11) Any person or employee engaged in the work of the Safety Branch who contravenes this

section is guilty of an offence and liable on

summary conviction to a fine not exceeding $500 or in default of payment to imprisonment for 90 days.

(12) No cause of action lies against any person by reason of the disclosure, for the purposes of this section, of any document or information to a person who has taken an oath pursuant to subsection (10).

(13) Notwithstanding anything in this section, no person shall be compelled to diselose any information if the dis closure will prejudice that person. 15.

(1) In this section, "employee" means (

a) the employee in charge of the Safety Branch estab lished pursuant to

section 14, and (

b) any person authorized in writing by the employee in charge of the Safety Branch to act on his behalf.

(2) Where any motor vehicle is directly or indirectly involved in an accident, the employee may (

a) request a peace officer to remove or cause to be removed the motor vehicle from the place where the accident occurred, and (

b) specify to the peace officer the place to which he requires the motor vehicle to be taken, for the purpose of testing and inspecting the vehicle.

(3) Where (

a) a motor vehicle is towed and stored at a place agreed upon by both the owner and the employee the owner shall pay the costs of towing and storage; (

b) a motor vehicle is towed and stored at a place not agreed to by both the owner and the employee, the Crown shall pay the costs of towing and storage; (

c) a motor vehicle is towed without the consent of the owner but stored at a place to which he consents, the Crown shall pay the costs of towing and the owner shall pay the costs of storage; 7

) 5. Testing and inspection of motor vehicles in accident. 7

(

d) a motor vehicle is towed with the consent of the owner, but is stored at a place without his consent, the owner shall pay the costs of towing and the Crown shall pay the costs of storage.

(4) Upon completion of the inspection and testing, if the owner of the motor vehicle wishes to have repairs carried out at a place other than a place at which the motor vehicle was inspected and tested, the Crown shall pay the reasonable costs of towing to the place specified by the owner.

(5) The employee is entitled to retain the motor vehicle he tests and inspects for 21 days from the date of the accident, but after 21 days he shall upon request of the owner release it to him.

(6) The Minister shall compensate a person who does not have the use of his motor vehicle as a result of the investiga tion and testing in such amount as he considers just, unless the motor vehicle is irrepairable.

(7) Notwithstanding that a motor vehicle has been taken for testing and inspection, the owner or any person author ized by him may enter the premises where it is kept during normal working hours and inspect the motor vehicle. 16Q The Minister may authorize persons to conduct sur veys on any highway under his direction, control and management and during the course of conducting such a survey the person so authorized may stop motor vehicles for the purpose of questioning the occupants with respect to the survey. 17. The design, construction, alteration, repair and main tenance of a highway, airport, airstrip or railway, for which the Minister is responsible may be done either (

a) by employees of the Department, or (

b) by any 'Other persons under contract or commission, where the Minister is of the opinion that (

i) from the nature of the work, it can be executed more expeditiously or economically in that manner, or (ii) it is desirable or expedient to do so. 18.

(1) The Minister may (

a) purchase land for an airstrip or airport or the site of any structure incidental thereto, or (

b) construct, operate and maintain airstrips or airports, or (

c) control traffic on and regulate the use of airstrips and airports. 8

16. Stopping o'f motor vehicles for surveys. 17. Construction, maintenance and repair. 18. Airstrips and airports. 8

(2) There is n'O obligation on the Minister to construct or maintain any airport or airstrip f'Or public use. 19.

(1) The Minister may enter into a cost-sharing agreement with any person for the construction of any air strip or other project related to transP'Ortation on public lands.

(2) The Minister may require any person desiring to use an airstrip for commercial or industrial purposes to enter into an agreement with the Minister relating to the sharing of the costs of improvements to and maintenance of the airstrip. 20.

The member of the Executive Council who, immedi ately prior to the commencment of this Act, holds office as, and is designated by the Lieutenant Governor as, the Minister of T'ransportation becomes the Minister of Trans portation under this Act without the necessity of a further designation by the Lieutenant Governor, the issue of a new commission or the swearing of another oath of office. 21.

A reference to the Minister of Highways or the Minister of Highways and Transport, or to the Deputy Minister of Highways or the Deputy Minister of Highways and Transport, or to the Department of Highways or the Department of Highways and Transport in any statutory provision not amended by this Act or in any order, regula tion, rule, by-law, certificate of title, agreement or other instrument shall be deemed to be a reference to the Minis ter of Transportation, a Deputy Minister for the Depart ment of Transportation designated by the Minister of Trans portation or the Department of Transportation, as the case may be. 22.

The words "the Minister of Highways and Trans port" are struck out wherever they appear in the following enactments and the words "the Minister of Transportation" are substituted therefor: The Drainage Disricts Act,

section 2, clause 15, sub clause (ii), paragraph (

B) and clause 17, sub clause (ii); The Hydro and Electric Energy Act,

section 1, sub-

section 1, clause 4, subclause (ii) ; The Improvement Districts Act,

section 30; The Land Titles Act,

section 31, subsection (5) : The Mines and Minerals Act,

section 108 subsection (1) ; , The Municipal Government Act

section 170 sub section (1), .section 174.1, subsection (1), ~ection 175,. subsectIOns (1) and (8),

section 175.1, sub sectIOn (1), clause (b),

section 176, subsection 9

19. Cost-sharing. 20. Transitional provision. 21. References to the Minister, Deputy Minister or Department under a forme'r name wiJl be deemed t'o be references to them by their new names. 22. Consequential amendments. 9

(2), clause (b),

section 177, subsection (2) and

section 189, subsection (1) ; The Planning Act,

section 33, subsection (4); 'l'he Public Highways Development Act,

section 2, clause (1); The Public Service Vehicles Act,

section 2, clause 12; The Surveys Act,

section 2, clause (e) ; The Water, Gas, Electric and Telephone Cornpanies Act,

section 2, clause (b). 23. The words "Deputy Minister of Highways and Trans port" are struck out wherever they appear in the following enactments and the words "'a Deputy Minister for the De partment of Transportation designated by the Minister of Transportation" are substituted therefor,' The Department of the Environ'ment Act,

section 10, subsection (1), ,clause (d); The Public Highways Development Act,

section 9, sub section (1), clause (a). 24. The words "the Department of Highways and Trans port" are struck out wherever they appear' in the following enactments and the words "the Department of Transporta tion" are substituted therefor,' The Department of the Environment Act,

section 11, subsection (2), clause (e) ; The Public Highways Development Act,

section 2, clause (g) ; The Surveys Act,

section 2, clause (

b) and

section 89, subsection (2). 25. The Alberta Resources Railway Corporation Act is amended as to

section 4, subsection (1), clause (

a) by striking out the words "the Minister of Industry and Com merce" and by substituting therefor the following words "the Minister of Transportation". 26. The Forests Act, 1971 is amended (

a) as to

section 3 by striking out the words "all in spectors of the Inspection Service Branch of the Department of Highways and Transport" and by substituting therefor the words "all service officers of the Department of Transportation", (

b) by adding the following

section a.jte'r

section 9: 9.1 The Minister may construct and maintain forest recreation areas. (

c) by striking out

Part 3, and (

d) by striking out

section 48. 10

23. Consequential amendments. 24. Consequential amendments. 25. Consequential amendment. 26. Consequential amendm·ents. 10

27. The Municipal Government Act is amended as to

section 170, subsection (1) by striking out the words "The Department of Highways and Transport Act" and by sub stituting therefor the words "The Department of Transpor tation Act". 28. The Off-highway Vehicle Act is amended as to .sec tion 23, clause (

j) by striking out the words "the Depart ment 'Of Highways and Transport" and by substituting therefor the words "the Department of Transportation or the Motor Vehicles Branch of the Department of the Solic itor General". 29. The Public Highways Developrnent Act is arnended by adding the following heading and sections after

section 21,' Forestry Roads 21.1

(1) The Minister may (

a) by order designate any road or proposed road as a forestry road; (

b) purchase land f'Or a forestry road or proposed for estry road.

(2) Forestry roads are subject to the direction, manage ment and control of the Minister.

(3) Every road which was designated as a forestry road by the Minister of Lands and Forests prior to the com mencement of this

section shall for all purposes be deemed to have been designated 'as a forestry road by the Minister of Transportation under this section. 21.2

(1) The Minister may enter into a cost-sharing agreement with any person for the construction of any forestry road 'On public land.

(2) The Minister may require any person desiring to use a forestry road for commercial or industrial purposes to enter into an 'agreement with the Minister relating to the sharing of the costs of improvements and maintenance 'Of the forestry road. 21,.3

(1) The Minister may require the owner or operator of any commercial or industrial enterprise wich requires the use of a forestry road to deposit with the Minister security in an amount prescribed by the regulations for the repair of damage that may result to the road.

(2) Where a vehicle engaged in any commercial or indus trial enterprise in passing over a forestry road damages the road, the Minister may 11

27. Consequential amendment.

Section 2,3, clause (

j) presently reads: :!3. The Lieutenant Governor in Council may make regulations (

j) permitting any person to inspect or tpke copies of or extracts from any writing. paper or dorument filed with or kept by the Department of Highways and Transport pursuant to this Act or the regulations, and re:-).uiring the payment of and setting the amount of fees therefor; 29. Consequential amendments reHecting the transfer of administration of forestry roads from the former Depa'rtment of Lands and Forests to ,the Department of Transportation. 11

(

a) order the owner or operator of the enterprise or the owner or operator of the vehicle to restore the forestry road to a condition acceptable to the Minister, (

b) in default of restoration, order payment of the cost of restoration and may declare all the security or such part of the security as is equivalent to the cost of restoration, to be forfeited to the Crown, and (

c) if the security is insufficient, recover the balance of the amount from the owner or operator of the enterprise or the owner or operator of the vehicle as a debt owing to the Crown. 21,.4 Where a forestry road is utilized by vehicles serv ing more than one commercial or industrial enterprise, (

a) the Minister may assess the owner or operator of each enterprise a damage and maintenance charge in any amount that to the Minister, after hearing and considering any representations of the owner or operator, appears just, and (

b) the amount assessed shall be paid to the Minister on demand and may be recovered as a debt owing to the Crown. 21.,5 Any person using a forestry road in contravention of any regulation or any order of the Minister (

a) shall pay to the Minister on demand such amount as is equivalent to the cost of restoration if damage has been caused to the road by that use, which amount is recoverable as a debt owing to the Crown, and (

b) is guilty of an offence and liable on

summary con viction to a fine of not more than $500 and in default of payment to imprisonment for not more than six months. 30. The Trans-Canada Highways Act is amended as to

section 4- by striking out the words "Minister of Highways" and by substituting therefor the word.s "Minister of Trans portation" . 31. The Department of Highways and Transport Act is hereby repealed. 32. This Act comes into force on the day upon which it is assented to.

30. Consequential amendment. 31. This Bill will repeal

chapter 918 oftJhe Revised Statutes of Alberta 1970. 12 Title: 1975 (18th, 1st) Bill 12, The Department of Transportation Act

Document details

Collection	Alberta — Bills
Citation	L18 S1 5464
Type	bill
Volume / chapter	L18 S1 5464
Language	en
Format	json
Source	PROVINCIAL
Identifier	081f680742d699851759926b0ad186b46e43f1c3

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