Bill 36 (Legislature 11, Session 4)

L11 S4 6947

Alberta — Bills

Bill No. 36 of 19'51. A BILL RE8PECTING THE DEPARTMENT OF HIGHWAYIS. NOTE. This Bill enacts a new Act to be known as "The Highwa.ys Depa.rtment Act". The present Public Works Department is being divided into two new Departments, one of which will adminster highways and the other will administer public buildings ,and public works other than highways. The Bill provides for the organization and administration of the Department.

Provision is made for the appointment of a Deputy Minister, a Highway Commissioner, a Chief Engineer, offidal valuators and such other engineers, of ficers, clerks and servants as may be required to carryon the business of the Department. The Department is in charge of the construction, maintenance, repair and mark ing of main highways and of other highways to the extent set out in The Public Highways Act. The Bill sets out the duties of the Deputy Minister in detail. The Lieutenant Governor in Council is empowered to designate any portion of the Province as a highways dis trict.

One or more district highway engineers may be ap pointed to each of these districts. The Bill provides that the stock advance fund will be administered by the Department. The Provincial Treasurer is authorized to make advances from the General Revenue Fund to the stock advance fund of such sums as the Minister requires to 'Pay for machinery, equipment, stock or material required by the Highways Department or the Public Works Department. The net amount of advances at any time cannot exceed three million seven hundred and fifty thous and dollars.

Where machinery, equipment, stock or material is pur chased for delivery to a particular department, branch or service, the Minister may charge the value thereof to that department, branch or service. Similarly, where ma'chinery or equipment is pur,chased and held by the stock advance fund for use by one or more departments, branches or ser vic,~s, the Minister may charge a fair rental for its use to the department, branch or service by or for which it is used. Machinery or equipment no longer required may be

ii sold. The amounts of the charges made by the Minister and the amounts realized from any sale are credited to the amount of the advances made by the Provincial Treasurer to the fund. Provision is made for annual accounts, state ments and audits of the fund. The Lieutenant Governor in Council may transfer any profit shown by the fund to the General Revenue Fund of the Province. The Minister is empowered to enter into contracts that are necessary or advisable in order to enable him to carry out his duties under this Act.

Where it is practical or ex pedient, tenders are to be invited by public advertisement for the construction of highways. However, the construc tion and repair of highways may be undertaken by or under the direction of the Department or by order or commission in any case where it appears to be more expeditious or economical to do so. Provision is made for security for the performance of contra'cts. No money can be paid under a contract until it is properly executed and the necessary security, if any, has been given.

Where tenders are called for, the lowest tender cannot be rejected without the approval of the Lieutenant Governor in Council. The Minister may require accounts submitted to the De partment to be veri<fied by oath or statutory declaration. Provision is made for agreements with municipalities to assist them in the construction of highways. All actions and proceedings for the enforcement of con tracts are to be instituted in the name of the Province by the Attorney General.

Provision is made that certified copies of documents in the Department attested under the signature of the Minister or the Deputy Minister shall be prima facie proof of the same and have the same legal effect as if the original were produced by the Minister in court. Penalties are pres,cribed for interfering with the con struction of or damaging or injuring any highway. The Minister is required to make an annual report on the work of the Department for submission to the Legislative Assembly. The Bill comes into force on a date to be fixed by proc lamation of the Lieutenant Governor in Council.

The Bill creating this Department and the Public Works Department can then be proclaimed as soon as it is possible to make the necessary administrative arrangements for the division of the present Department into the two new departments. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 36 of 1951.

An Act respecting the Department of Highways. (Assented to , 1951.) HIS MAJE.ST~, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows:

Short Title. 1. This A·ct may be cited as "The Highways Department

Short title Act". . Inte·rpretation. 2.

In this Act, unless the context otherwise requires,- ~~i~~pret (a) "Chief Engineer" means the Chief Engineer of the "Ch~ef Department or the person performing his duties for Engmeer" the time being; "Depart (b) "Department" means the Highways Department; ment" - (c) "highway" includes every ·common or public high- "highway" way, road allowance, thoroughfare, public travelled road, trail or other way vested in the Province, and every bridge, culvert, drain, ditch or other acces- sory to a highway constructed or erected thereon, thereunder or adja.cent thereto or used and enjoyed therewith and any part of a highway as hereby defined; (d) "Minister" means the Minister of Highways.

"Minister" Organization and Administration of the Department. 3.' There shall be a department of the public service of Cr:eation of the Province to be ·called the Highways Department over i5!~~~~:nt which the member of the Executive Council appointed by the Lieuten:ant Governor under the seal of the Province to discharge the functions of the Minister of Highways for the time being shall preside. 4. SubJ"ect to the provisions of The Public Service Act, Dhepartment s aU,- 1947, the Department shall,- (

a) be in charge of the construction, maintenance, re- be in pair and marking of main highways and of other h~:~~;;sf highways to the extent set out in The Public High- ways Act;

perform duties assigned to it Lieutenant Governor in Council may appoint employees Administra ,tion of lands for highways Duties of Deputy Minister Order designating highways district 2 (

b) administer such Acts and perform such functions as may be assigned to it from time to time by Act of the Legislature or by order of the Lieutenant Governor in Council. 5. Subject to the provisions of The Public Service Act, 1947, the Lieutenant Governor in Council may appoint,- (

a) a Deputy Minister; (

b) a Highway 'Commissioner; (

c) a Chief Engineer; (

d) one or more offi,cial valuators; (

e) such other engineers, officers, clerks and servants as may be required to carryon the business of the Department; and may prescribe their duties and provide for their re muneration. :6.

(1) Subject to the provisions of .The Public Service Act, 1947, the Department shall administer all lands the property of the Province that are held, used or occupied as highways.

(2) The Department may dispose of such lands from time to time with the approval of the Lieutenant Governor in Council under the hand and official seal of the Minister. 7. The Deputy Minister shall,- (

a) prepare or cause to be prepared maps, plans, speci fications and estimates for all highways which are about to be constructed, altered or repaired as directed by the Minister; (

b) report for the information of the Minister on any question relating to any highway which is submitted to him; (

c) examine, revise and approve the plans, specifica tions and estimates of other surveyors, engineers and officers in respect of any highway; (

d) generally advise the Minister on all surveying and engineering questions affecting any highway; (

e) prepare reports and conduct under the direction of the Minister the correspondence of the Department; (/) see that all contra.cts entered into by the Minister are properly drawn and executed and that all letters, reports and other documents are properly copied or filed, as the case may be; and (

g) generally do and perform all such acts and things pertaining to the business of the Department as he is directed to do or perform by the Minister. Highways Districts. 8.

(1) The Lieutenant Governor in Council, from time to time, by order may designate any portion of the Province as a highways distri~t.

8 .

(2) The order shall describe the boundaries of the dis trIct and shall be effective upon pubHcation in The Alberta Gazette or on such later date as may be designated in the order. 9.

(1) Subject to the provisions of The Public Service Li~utenant Act, 1947, the Lie~tenant Governor in Council may appoint ~ovC~~~~il one or more qualIfied engineers as district highway en- ~ay .appoint . f h' h .. dIstrICt gIn~erS or any . Ig ways dIstrIct and may define their higJ:1way dutIes and fix theIr remuneration. engmeers .

(2) Notice of each such appointment shall be published In The Alberta Gazette. Stock Advance Fund. 10.

(1) The Minister shall administer the stock ad- Mini.st~r to vance fund. ;fo~m:~:r

(2) Th P . . I 'T . vance fund , e rOVInCIa reasurer, from tIme to time upon Ad the requisition of the Minister, may make advances fr~m the fro~nd~~_ General Revenue Fund to the stock advance fund of such jJ~~dR~~enue su~s as the Minister may. requir~ to pay for machinery, ~~~:e ~~~d equIpment, stock or materIal reqUIred by the Department or by the Public Works Department.

(3) The net amount of the advances at any time shall iAJdvanc.es not exceed three million seven hundred and fifty thousand id~~n~JOCk dollars. fund limited 11.

(1) Where the machinery, equipment, stock or ma- Charges terial is purchased for and delivered to a particular de- for stock partment, branch or service, the Minister may charge the value thereof to that department, branch or service.

(2) Where the machinery or equipment is purchased and held by the stock advance fund for use by one or more de partments, branches or services, the Minister may charge a fair rental for its use to the department, branch or service by or for which it is used.

(3) Where machinery, equipment, stock or material held DisPho~al yOf . I . d th M' mac Iner by the stock advance fund IS no onger requIre, e In- and equip- ister may sell or otherwise dispose of the same on such ~~~~r no terms and ,conditions as the Minister deems proper. required

(4) The amount of each charge made by the Minister under subsections (1) and (2), and the proceeds of any sale or disposition made under subsection (3), shall be credited to the amount of the advances made by the Pro vincial Treasurer to the stock advance fund,. 12.

(1) The Minister, on or before the fifteenth d3;y of ~~~:~~n~nd June in each year shall cause to be prepared and submItted balance to the Provinciai Auditor for certification the operating sheet account and the balance sheet covering all operations of the stock advance fund for the immediately preceding fiscal year.

Transfer of profit to General Revenue Fund Deficit in operations Minister may enter into contracts Tenders for construction or repair of highways Rejection of lowest tender IConstruction and repair of highways may be under direc tion of Department 4

(2) The statements as certified by the Provincial Auditor shall be included in the pubHc aecounts for the year.

(3) The Lieutenant Governor in Council by order may transfer any profit arising from the operations of the year as shown by the said statements to the General Revenue Fund of the Province.

(4) In case a deficit has occurred in operations for the fiscal year, the amount of the deficit may be deducted from the profit of any succeeding fiscal year or years before the profit is transferred to the General Revenue Fund. 13.

(1) The Minister may enter into any contract with any person or corporation that may be necessary or ad visable in carrying out the provisions of this Act or any other A,ct.

(2) No deed, contract or writing shall be deemed to be binding on the Department or held to be the act of the Minister unless signed by him or the Deputy Minister. 14.

(1) Where it appears practical or expedient to do so, the Minister shall invite tenders by public advertisement or by other public notice for the construction and repair of all highways.

(2) In any ,case where, in the opinion of the Minister, it is not expedient to give the work to the lowest bidder, the Minister shall report the same to and obtain the authority of the Lieutenant Governor in Council prior to reje~ting the lowest tender.

(3) The construction and repair of highways may be undertaken by or under the direction of officers of the De partment, or by order or ,commission in any case where the Minister is of the opinion that from the nature of the work it can be more expeditiously and economically executed in that manner, or it is desirable or expedient to do so. Security for 15.

(1) When work on any highway is being carried performance of work out by contract the Minister shall, and in other cases the Minister may, require that security be given to His Majesty for the due performance of the work within the amount and time spe,cified for its completion. ~~~~!rt fo (2j No sum of money shall be paid to the contractor nor commen:in~e shall any work be commenced on any contract until the hl~1~~~s contract has been signed by all the parties named therein, nor until the required security, if any, has been given. Verification of accounts 16.

The Minister may require any account sent in by any person employed by the Department or by any party to a contract with the Department to be verified by oath, affirma tion or statutory declaration.

5 17. Every contract relating to work on any highway or Contract to real or personal property under the control of the De- enure:'! to t t th t h b · benefIt of par men a as een entered Into by the Minister or by Province any other duly authorized person shall enure to the benefit of the Province and may be enfor,ced as if it had been en- tered into with the Province under the authority of this Act. 1'8.

(1) The Minister, with the approval of the Lieuten- A?Teemen~s. t G . C·I t· t . WIth munICl-an overnor In ouncI, may en er In 0 an agreement WIth palities to any 'City, town, village or municipal district providing for assistt with the laying out, construction or improvement of any highway ifo~ ~~c which, in the opinion of the Minister and of the council of hIghway the municipality, is necessary or desirable.

(2) Any agreement entered into under the provisions of subsection (1) shall fix, - (

a) the total cost of construction; (

b) the period of construction; (

c) the proportions of the cost to be provided by the Province and the municipality respe,ctively; and (

d) the terms upon which and the time or times when payments are to be made by the Province for the purpose aforesaid.

(3) The Minister is hereby authorized to carry out the terms of any agreement made under the provisions of sub sections (1) and (2), and each city, town, village and mun icipal district is authorized to enter into and carry out any agreement so made. Actions and Suits. 19.

All a'ctions, suits and other proceedings for the Actions to f th f d enforce enforcement of a contract or or e recovery 0 . amages contract for any tort or breach of contract or for the trial of any ~ft~~~~~d by right in respect of property, real or personal, under the General control of the Department shall be instituted in the name of the Province by the Attorney General. 20.

A certified copy of any record, document, plan, book Certified or paper belonging to or deposited in the Department at- ~~~J'r~f , tested under the signature of the Minister or of the Deputy ~~~~t faCIe Minister shall be prima facie proof of the same and shall have the same legal effect as if the original were produced in the court or elsewhere by the Minister or the Deputy Minister. Offences and Penalties. 21.

Any person who interrupt~, hinders or. ~olest~ any Ki~tJ:rniur Person engaged under the authOrIty of the MInIster In re- cons~ruction . .. t . . of hIghway moving an obstruction or In ,constructIng, maIn alnln~ or repairing a highway, shall be guilty of an offence a~d lIable on

summary conviction to a penalty not exceedIng one hundred dollars and costs or to imprisonment for a period not exceeding two months or to both.

Penalty for damaging highway Order to repair damage to highway Minister to submit annual report to Lieutenant Governor in Council Annual report,- to' be laId before Legislative Assembly to show working of Department Coming into force 6 2~.

(1) Any person who ,carelessly or wilfully breaks, cuts or fills up or otherwise injures or damages any high way shall be guilty of an offence and liable on

summary conviction to a penalty not exceeding one hundred dollars and ,costs and in default of payment to imprisonment for a period not exceeding ninety days.

(2) A court by which any person is convicted of an offence under subsection (1) may also order the offender to forthwith repair any damage to the highway. Annual Re'port. 23.

(1) The Minister shall make and submit to the Lieutenant Governor in Council an annual report on all the highways under the control of the Department.

(2) The report shall,- (

a) be laid before the Legislative Assembly within fifteen days after the commencement of the session next following the end of the year for which the report is made; (

b) contain such information as may be requisite to en able the Legislative Assembly to judge of the work ing of the Department. 24. This Act shall come into for'ce on a date to be fixed by Proclamation of the Lieutenant Governor in Council.

No. 36. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act respecting the Department of Highways. Received and read the First time ....... ; .............. . Second time .......... . Third time ....................................... . HON. MR. MACMILLAN Title: 1951 (11th, 4th) Bill 36,

An Act respecting the Department of Highways

Document details

Collection	Alberta — Bills
Citation	L11 S4 6947
Type	bill
Volume / chapter	L11 S4 6947
Language	en
Format	json
Source	PROVINCIAL
Identifier	4d295a8173e1f13d7b232aaf18d65b7a734cfb8f

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