Bill 48 — Fourth Session, 18Th Legislature, 27 Elizab~H Ii the Legislative Assembly of Alberta Bill 48 the Litter Amendment Act, 1978 (Legislature 18, Session 4)

L18 S4 4356

Alberta — Bills

1978 BILL 48 Fourth Session, 18th Legislature, 27 Elizab~h II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 48 THE LITTER AMENDMENT ACT, 1978 MR. STROMBERG First Reading ............................................ . Second Reading ...................................... " .. . Committee of the Whole .................................. . Third Reading ........................................... . Royal Assent ............................................ . Printed by the Queen's Printer fur the Province of Alberta, EDMONTON

Bill 48 Mr. Strornberg BILL 48 1978 THE LITTER AMENDMENT ACT, 1978 (Assented to , 1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: I The Litter Act is amended by this Act. 2

Section I is amended (

a) by repealing clause (

a) and substituting the .fiJllowing: (a) "disposing" includes discharging, dumping, throw ing, dropping, discarding, abandoning, spilling, leaking, pumping, pouring, emitting or emptying, or any 2 or more of them, whether intentional or accidental; (

b) by repealing clause (

d) and substituting th e.fiJ 110 wing: (d) "litter" means (

i) any solid or liquid material or product or com bination of solid or liquid materials or products, including, but not limited to or (

A) any rubbish, refuse, garbage, paper, pack age, container, bottle, can, manure, human or animal excrement or sewage or the whole or a part of an animal carcass, or (

B) the whole or part of any article, raw or processed material, motor vehicle or other machinery, that is disposed of, (ii) any other material or product that is designat ed as litter in the regulations. 1

Explanatory Notes 1 This Bill will amend

chapter 61 of the Statutes of Alberta, 1972. 2

Section 1 (

a) and (

d) presently read: (a) "dispose" includes discharging. dumping. throwing. dropping. discarding or abandoning; (d) "litter means" (0 rubbish. re./i/se. garbage. waste materials. paper. packages. containers. baffles. cans or parts thereof or 00 any article. product. machinery. motor vehicle or other maf1li!acrured goods which is dumped. discarded. abandoned or otherwise disposed q!; or OiO any other thing that is designated as litter in the regulations; The new clauses (Ll) and (

i) are consequential to the amendments contained in

section 3 of this Bill. 1

(

c) the./allowing is added a./ter clause (j): (f. 1) "motor vehicle" means a motor vehicle as defined in The Highway Tra.t!icAct, 1975; (

d) the ./0110 wing is added a./ter clause (h): (i) "trailer" means a trailer as defined in The Highway Tra.ffic Act, 1975. 3

Section 3 is amended (

a) by adding the./allowing a./fer subsection 0): 0.1) No person shall transport litter in or on a motor vehicle or trailer on a highway unless the litter while being transported is adequately secured to prevent it from falling off, or adequately covered to prevent it from blowing off, the motor vehicle or trailer. (

b) by repealing subsection (2) and substituting the./allowing:

(2) If litter is disposed of from (

a) a motor vehicle other than a bus, or (

b) a trailer, and it cannot be determined which of 2 or more occupants of the motor vehicle or trailer is responsible, the driver of the motor vehicle shall be deemed to be the person who disposed of the litter from the motor vehicle or trailer.

(2.1) If litter is disposed of from (

a) a motor vehicle other than a bus, or (

b) a trailer, and it cannot be determined who is the driver of the motor vehicle, the owner of the motor vehicle shall be deemed to be the person who disposed of the litter from the motor vehicle or trailer, unless he proves to the satisfaction of a court that at the time of the offence the motor vehicle was not being driven, the trailer was not being towed or the motor vehicle or trailer was not parked or left by him or by any other person with his consent, express or implied. (

c) by 'repealing subsection (J) (

a) and substituting the following: 2

Section 3 presently reads: 3( /) No IJerSOIl shal/ dispos(! of litt(!r all a highway, unless h(! disposes of th(! litt(!r ill a collfail1(!r plac(!dfor the PlllPOS(! ofcol/(!ctillg it.

(2) Where a jJ(!rsoll dispos(!s of litt(!r on a h(f;hway Fom a motor v(!hicl(! oth(!r thall a bus alld it canllot b(! d(!termin(!(/ which q/ two or more occupants q/ the motor vehicle is responsible, the driver q/ the motor vehicle shall be deemed to be the persall who disposed q/the litter on the highway. (J) /11 this section, "litter" ill addition to the meaning it has in

section /, includes (

a) coal, brick, wood, mallure, gravel, earth or other material forming any part q/ the load q/ a motor vehicle, and (

b) glass or like material, lIails, tacks or scraps q/ metal. 2

(

a) coal, brick, wood, sawdust, gravel, earth or other material forming part of the load of a motor vehicle, and 4

Section 6 (2) is repea led. 5

Section 7 is amended by adding the following after subsection (1):

(1.1) If a person is convicted of an offence under this Act, the court may, in addition to or in lieu of a penalty under subsection (1), order that the convicted person clean up litter along a highway or on another area of public land as the court considers appropriate. 6 Th efo 110 wing is added after

section 11: 11.1

(1) Where a clean up order relates to land in a munici pality and the person to whom it is directed fails to comply with the order, the Director may, in writing, direct the local authority to perform any work required under the order. 3

Section 6 presently reads: 60) No person shall dispose 0/ lifter on, into or under water or ice unless the lifter is disposed 0/ (

a) pursuant to an approval or licence issued under The Clean Water Act or regulations made thereunder, or (

b) pursuallf to an approval issued under The Public Health Act or regula tions made thereunder, or (

c) pursuallf to a method or ill a manner specified in the regulations under this Act. (]) III this

section "dispose ", in addition to the meaning it has elsewhere in this Act, includes (

a) spilling, or (

b) leaking, or (

c) pumping, or (

d) pouring, or (

e) emitting, or (

j) emptying, or any two or more o.l them. 5 Authorizes a court to order clean up of litter as part of the penalty. 6 Authorizes the Director of Pollution Control to direct the appropri ate local authority to perform litter clean up and enables the local authority to collect expenses incurred by it for litter clean up on privately owned land as part of the taxes of the lands cleaned up. 3

(2) Where expenses are incurred by a local authority for any work performed as a result of a direction by the Director under subsection (I), the local authority may serve a statement of the expenses, together with a demand for payment, on the occupant and a copy on the owner of the land or, in the case of unoccupied land, it shall serve the owner only.

(3) The statement and demand for payment may be served by ordinary mail addressed (

a) in the case of an occupant, to his last known address, and (

b) in the case of an owner, to his address as shown on the assessment roll.

(4) If the person or persons on whom the statement is served fails to pay the amount set out in the statement within 30 days, the local authority may cause the amount paid by it to be placed on the tax roll as an additional tax against the land concerned and the amount may be collected in the same manner as taxes are collected. 7 This Act comes into force on the day upon which it is assented to. 4 Title: 1978 (18th, 4th) Bill 48, The Litter Amendment Act, 1978

Document details

Collection	Alberta — Bills
Citation	L18 S4 4356
Type	bill
Volume / chapter	L18 S4 4356
Language	en
Format	json
Source	PROVINCIAL
Identifier	3b4d811c8e2752d79ed57023cd8348bff6b7e536

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