Bill 42 (Legislature 14, Session 1)

L14 S1 5932

Alberta — Bills

No. 42 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 42 A Bill to amend The Alberta Surveys Act HON. MR. TAYLOR Frinted by L. S. WALL, Printer to the Queen's Most Excellent Majesty. Edmonton, Alberta. 1960

Explanatory Note

Section 69 is amended to remove the requirement that the survey-or certifying to the correctness of the survey make the survey on the ground himself. It substitutes the requirement set out in clause (d); that is, that he has been on the ground and present at an material times during the survey. The provision that a certificate means the acts set out in clauses (

a) to (

d) has been changed to make them conditions precedent to certification by him.

Section 69 presently reads: "69.

(1) All surveys made under this Act shall be made in pers'On 'On the grQund by the surveYQr certifying tQ the cQrrectness there 'Of, and a certificate in FQrm A in the

Schedule attached tQ any plan 'Of a survey shall mean (

a) that the survey represented by such plan has been actually carried 'Out by the survey'Or 13'0 certifying, under his persQnal supervision and directi'On 'On the grQund, during the whQle time that the survey was in progress, (

b) that the survey has been fully p'Osted and cQmpleted 'On the grQund, and (

c) that the system 'Of survey emplQyed has been in all respects in acc'Ordance with this Act.

(2) An Alberta land surveYQr wlJ.'O cQntravenes this sectiQn in making a survey 'Of the field, whether he has signed a certificate in FQrm A 'Or not, is liable under sectiQn 38 'Of The Alberta Land SurveYQrs Act tQ a charge 'Of miscQnduct in the executiQn 'Of the duties 'Of his 'Office, and is subject tQ that sectiQn, and is liable tQ dismissal 'Or suspension, as pr'Ovided in that sectiQn." 3.

Section 87(1) conflicts with the requirements of The Regu lations Act and is repealed. Subsection (2) is amended to include therein the full expression to which "All such orders or regula tions" relate and that would be struck out with subsection (1).

Section 87 pres en tly reads: "87. (

l) Every 'Order 'Or regulati'On made by the Lieutenant GQvernQr in CQuncil by virtue 'Of this Act shall, unless 'Otherwise speciaLly pr'O vided in this Act, have fQrce and effect 'Only after it has been published in tW'O successive issues 'Of The Alberta Gazette.

(2) All such 'Orders 'Or regulatiQns shall be laid Up 'On the table 'Of the Legislative Assembly at its first session after the date 'Of publicatiQn there'Of and, unless and until the same is disallQwed by resolutiQn 'Of the Legislative Assembly, shall cQntinue to remain in full fQrce and effect."

BILL No. 42 of 1960

An Act to amend The Alberta Surveys A'ct (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Alberta Surveys Act, being

chapter 327 of the Revised Statutes, is hereby amended.

Section 69 is amended (

a) by striking out subsection (1) and by substituting the following: 69.

(1) All surveys made under this Act shall be made in person by the surveyor certifying to the correctness thereof, and a certificate in Form A in the

Schedule attached to any plan of a survey shall not be signed by the surveyor unless (

a) the survey represented by the plan has been actually carried out by the surveyor so cer tifying, under his personal supervision and direction during the whole time that the sur vey was in progress, (

b) the survey has been fully posted and com pleted on the ground, (

c) the system of survey employed has been in all respects in accordance with this Act, and (

d) the surveyor has been personally present on the ground and present at all material times during the progress of the whole survey. (

b) as to subsection (2) by striking out the words "of the field".

Section 87 is amended (

a) by striking out subsection (1), (

b) as to subsection (2) (

i) by renumbering the subsection as

section 87, (ii) by striking out the words "All such orders or regulations" and by substituting the words "Every order or regulation made by the Lieu tenant Governor in Council by virtue of this Act". 4. This Act comes into force on the day upon which it is assented to.

~o. 42 FIRST SESSION FOURTE'ENTH LEGISLATURE 8 ELIZABETH II 1960 BILL

An Act to amend The Alberta Surveys Act Received and read the First time ......................................... . Second time., Third time ... HON. MR. TAYLOR Title: 1960 (14th, 1st) Bill 42,

An Act to amend The Alberta Surveys Act

Document details

Collection	Alberta — Bills
Citation	L14 S1 5932
Type	bill
Volume / chapter	L14 S1 5932
Language	en
Format	json
Source	PROVINCIAL
Identifier	37fad6b803785f64872df6f9685b2dccdb6086ee

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