Bill 92 (Legislature 12, Session 2)

L12 S2 6638

Alberta — Bills

Bill No. 92 of 1954 A BILL TO AMEND THE PUBLIC HIGHWAYS ACT NOTE This Bill amends The Public Highways Act, being

chapter 74 of the Revised Statutes of Alberta,

Section 22f is amended by replacing subsection (2) with new subsections (2) and (3). The new subsection (2) makes it an offence and provides a minimum and max imum fine and in default of payment of the fine provides for a period of imprisonment where an owner or occupier of land allows water used or intended to be used for irrigation purposes to escape into the highway. Previously there was only provision for a maximum fine. The present subsection (3) is renumbered as subsection (4).

Subsection (3) pro vides a minimum and maximum fine and in default of pay- ment of the· fine provides for a period of imprisonment where a person has been convicted of an offence under this section, and who continues to allow water used or intended to be used for irrigation purposes to escape into a highway ditch or into or onto the highway or who does not take any action to the satisfaction of the Minister to prevent the escape of the water therefrom.

A new subsection (5) is added which provides that the right of the Minister to claim by way of civil action for any damages caused by the escape of water from the land into a highway ditch or into or upon a highway is not derogated from by this section. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

Section 22/ amended Offence and penalty BILL No. 92 of 1954

An Act to amend The Public Highways Act (Assented to , 1954) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, ena,cts as follows: 1. The Public Highways Act, being

chapter 74 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 221 is amended (

a) by striking out subsection (2) and by substituting the following: "

(2) A person who contravenes the provisions of subsection (1) is guilty of an offence and liable on

summary conviction to a fine of not less than fifty dollars nor more than two hundred dollars) or in default of payment to imprisonment for a period of not less than ten days nor more than thirty days. "

(3) A person convicted of an offence under this

section "(

a) who continues to cause or permit any water used or intended to be used for irrigation pur poses to escape from the land into a highway ditch or into or upon a highway, or " (

b) who does not within fourteen days from the day of the conviction take any action to the satisfaction of the Minister to prevent the water used or to be used for irrigation purposes from escaping from the land into a highway ditch or into or upon a highway, is guilty of an offence and liable on

summary con viction to a fine of not less than ten dollars nor more than twenty-five dollars for each day during which he neglects or fails to fill up the ditch or drain, and in default of payment of the fine to im prisonment for a period of not less than thirty days nor more than ninety days."; (

b) by renumbering the present subsection (3) as sub- section (4); - (

c) by adding immediately after subsection ( 4) the following new subsection:

2 "

(5) Nothing in this

section derogates from the right of the Minister to claim by way of civil action for any damages caused to a highway by the escape of the water into a highway ditch or into or upon a highway.". :l. This Act comes into force on the day upon which it Coming into is assented to. force

No. 92 SECOND SESSION TWELFTH LEGISLATURE 3 ELIZABETH II 1954 BILL

An Act to amend The Public Highways Act Received and read the First time ............................ . Second time ....................................... . Third time ......................................... . RON MR. TAYLOR Title: 1954 (12th, 2nd) Bill 92,

An Act to amend The Public Highways Act

Document details

Collection	Alberta — Bills
Citation	L12 S2 6638
Type	bill
Volume / chapter	L12 S2 6638
Language	en
Format	json
Source	PROVINCIAL
Identifier	494bd37678e62b003c4f5926709391af6c3f991d

Source file is stored in the law ingest library (json).