Bill 89 — A Bill Respecting Public Works (Legislature 15, Session 2)

L15 S2 1529

Alberta — Bills

No. 89 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 89 A Bill respecting Public Works HON. MR. COLBORNE Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1965

Explanatory Note I. This Bill gathers together in one Act a number of provisions relating to public works (of all kinds, including highways) that are presently found in several Acts. Many of these provisions are revised by this Bill which also contains some new ones as indicated in the explanatory notes to the clauses. In the notes, the references to the equivalent sections in existing legislation are indicated by HD, PW, SE or CP followed by the

section number. HD means The Highways Department Act (chapter 140 of the Revised Statutes) PW means The Public Works Department Act (chapter 270 of the Revised Statutes) SE means The Surveys and Expropriation Act (chapter 328 of the Revised Statutes) CP means The Public Works Creditors Payment Act (chapter 78 of the 1964 Statutes of Alberta) 2.

Definitions. :1. Authority to enter into contracts. HD 13 and PW 14. 4. Tenders for the construction, repair, etc. of public works. HD 14 (1) and PW 15 (1).

BILL No. 89 of 1965

An Act respecting Public Works (Assented to , 1965) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Public Works Act". 2. In this Act, (a) "Crown" means Her Majesty the Queen in right of Alberta; (b) "Minister" means (

i) the Minister of Highways with respect to public works within his jurisdiction, (ii) the Minister of Public Works with respe'ct to public works within his jurisdiction, and (iii) any other Minister with respect to any public works within his jurisdiction; (c) "public work" includes the undertaking and all the works and property that may be acquired, made, built, constructed, erected, extended, enlarged, repaired, maintained, improved, formed, excavated, operated, reconstructed, replaced or removed at the expense of the Crown or for which there is l:egis lative authority to payout or apply public moneys thereon otherwise than by way of subsidy only. Contracts 3.

(1) Any contract or undertaking that is considered necessary or advisable for the purpose of carrying out the functions, duties or powers of the Minister may be entered into on behalf of the Crown by the Minister, the Deputy Minister or any employee authorized to do so by the Minister.

(2) A contract or undertaking that is not signed by the Minister, the Deputy Minister or a person authorized to sign by the Minister is not binding on the Crown. 4. Where it appears practical or expedient to the Minister to do so, he may by invitation or public notice call for

5. Security may be required on tenders. New. 6. Opening of tenders. New. 7. Withdrawal of t~nders before opening time. New. 8. Accepting lowest tender. HD 14 (2) and PW 15 (2). 9. Penalty for failure to enter into contract when tender accepted. New. 10. Security for due performance of a contract. HD 15 (1) and PW 16 (1). 2

tenders for the design, construction, demolition, alteration and repair of and the supplying of materials for public works. 5. Where the Minister so requires, every tender shall be accompanied by security ina form and amount satisfactory to the Minister, conditioned upon the tenderer entering into a contract if his tender is accepted. G.

(1) A notice calling for tenders shall state the place where and the time up to which tende~s will be received, but the Minister may, by public notice, extend the time for receiving tenders.

(2) At the time and place fixed for receiving tenders all tenders received shall he publicly opened and the amount of each tender shall then and there be made known. 7. A tender may be withdrawn at any time up to the time fixed for receiving tenders, but only on a request in writing signed by the tenderer or his agent in fact. 8. The Minister is not bound to accept the lowest or any tender, but he shall obtain the authority of the Lieutenant Governor in Council before accepting a tender other than the lowest one. 9.

(1) Where a tenderer whose tender is accepted re fuses or fails within fifteen days after a contract is offered to him for acceptance (

a) to enter into a contract with the Crown for the performance of the work or the supplying of material covered by his tender, and (

b) to provide the security for the performance of the contract as required by

section 10, and a contract for that work or material is entered into with some other person for a greater amount, the tenderer is liable to the Crown in the amount of the security given by him pursuant to

section 5 and the security is forfeited to the Grown.

(2) No person may withdraw a tender at or after the time fixed for receiving tenders (

a) until some other person has entered into a contract with the Crown for the performance of the work or the supplying of the materials specified in the notice inviting tenders, or (

b) until thirty-five days after the time fixed for receiving tenders, whichever first occur,s. 10. With every contract, the Minister may require that security, in an amount and form satisfactory to him, be given 2

II. Contracts may provide penalty for failure to complete on time. New. 12.

(1) Commencement of work under contract. HD 15 (2) and PW 16 (2).

(2) Payment of contractor. New.

(3) Payment of subcontractor. New. 3

(

a) for the due performance of the contract in accord ance with the plans and specifications applicable to the contract, and (

b) for the payment in full of all claims for labour and for material used or reasonably required for use in the performance of the contract, and (

c) for the repair of any damage to or failure in the works to which the contract relates and for which the ,contractor is responsible under the contract, and may also require proof that any public liability and pro perty damage insurance required by the contract has been obtained and is being maintained by the contractor. 11.

(1) A contract that specifies a date by which or a time within which any work is to be done or material is to be supplied may also provide for a penalty for failure to complete the work or supply the material by that date or within that time.

(2) The contract may provide for the penalty to be either or both of: (

a) the actual loss or damages suffered by the Crown hecause of the failure; (

b) a stipulated sum for each day that the work is unfinished or the material not supplied in full after the date or time agreed UP'On, regardless of actual loss 'Or damages.

(3) Where a contract provides for a penalty as mentioned in this section, the amount of the penalty may, to the extent thereof, be realized out of the security required under sec tion 10 or it may be withheld from any moneys payable by the Crown under the contract, or both. 12.

(1) No sum of money shall be paid to a contractor and, unless the Minister otherwise authorizes, no work shall be commenced on a contract until (

a) the contract has been signed by the parties named therein, and (

b) the required security and proof of insurance has been given.

(2) Before payment in full is made under a contract, the Minister may require the contractor to supply proof, by statutory declaration, of the payment of all cr'editors with respect to lab'Our, equipment, materials or services used in the performance of the contract, or any subcontract, and until the Minister is satisfied that those creditors have been paid (

a) he may withhold all or any of the money remaining to be pa.id under the contract, or (

b) he may apply the money to the payment of the creditors as provided under

section 15. 3

Definitions. CP 2. 14. Notice of claim. CP 3. 15. Payment of claims. CP 4. Subsection (4) is new. 4

(3) Where the Minister requires a contractor to supply proof under subsection (2) with respect to a subcontract the contractor may withhold payment of all or any money remaining to be paid by him under the subcontract until the subcontractor supplies him with the required proof by statu tory declaration. Payment of Public Works Creditors 1:3. In sections 14, 15 and 16, (a) "Crown" includes a board, commission or agency of the Crown; (b) "surety" means a person who guarantees to the Crown the payment of creditors. 14.

(1) Where (

a) a person provides labour, equipment, materials or services used or reasonably required for use in the performance of a contract with the Crown for the construction, alteration, demolition, repair or main tenance of a public work, and (

b) the contractor or a subcontractor doe's not pay that person in accordance with his obligation to do so, that person may send a notice of his claim to the department, board, commission or agency of the Crown that is respon sible for the public work.

(2) The notice of the claim (

a) shall be sent by registered mail not later than ninety days after the last day on which the labour, equip ment, material or services were provided, and (

b) shall set out the nature and amount of the claim against the contractor or subcontractor ina form satisfactory to the Crown. 15.

(1) Thirty days after giving notice in writing to the contractor and surety, the Crown may pay the claimant the amount the Crown considers proper and deduct the amount so paid from any moneys due and payable to the contractor on any account or from the moneys or securities, if any, deposited by the contractor with the Crown.

(2) Where there are insufficient moneys due and payable to the contractor to permit of such deduction, the surety, if any, shall, to the extent of the 's'ecurity, pay to the Crown upon demand an amount equal to the amount paid to the claimant by the Crown.

(3) In paying a claim under subsection (1), the Crown may act upon any evidence that it considers sufficient and may compromise any disputed lirubility, and as against the Crown payment is not open to dispute or question by the contractor or the surety, if any, but is final and binding upon them.

(4) Instead of paying the claimant as provided in this section, the Crown may pay the money into court and the 4

16. List of creditors. CP 5. 17. Display of

section 14. CP 6. 18. Offence and penalty. CP 7. 19. Orders re payment of public works creditors. CP 8. 20.

(1) Authority ·of Crown to expropriate.

(2) Acquisition of extra land where economical to do so.

Section 9 of The Expropriation Procedure Act. 5

court on the application of the claimant, the contractor or the surety shall determine the persons entitled to the money and direct payment thereof in accordance with the deter mination. 1'6. The Crown may, in writing, require a contractor or any of his subcontractors to send to it by registered mail within fifteen days from the date of the mailing of the demand, a list of the names of and the amounts owing to his creditors for labour, equipment, materials or services used or reasonably required for use in the perwrmance of a contract or the subcontract, as the case may be. 17. Every contractor and subcontractor shall display and ke'ep, displayed in a conspicuous place (

a) on the public work to which the contract relates, or (

b) at any place prescribed by the regulations, a copy of

section 14. 18. A contractor or subcontractor (

a) who does not file a statutory declaration when re quired to do so under

section 12 or a list when requir,ed to do so under

section 16, or (

b) who does not display and keep displayed a copy of

section 14 as required by

section 17, is guilty of an offence and is liable on

summary conviction to a fine of not less than ten dollars and not more than one hundred dollars for every day during which the default continues. 19.

(1) The Lieutenant Governor in Council may make orders, (

a) extending or reducing the periods of time referred to in sections 14, 15 and 16, and (

b) providing for and requiring notices in addition to the notice mentioned in

section 14.

(2) Any orders made under su?secti0:r;t (1) or any pro vision thereof may be made applIcable In respect of any class or classes of contractor or subcontractor or to any class of public work. Expropriation '20.

(1) The Crown mar ~cquire ?y expropriation any land required for, or ,that ~t IS expe~Ient or advantageous to acquire in connectIon WIth a pubhc work.

(2) Where the Minister is of the ,opinion that the Crown can obtain, at a more reasonable prIce or to greater advan tage than by acquiring a part only, the whole or a portion of any parcel of land of which a part may be expropriated by the Crown, the Crown may take the whole or the portion of the parcel. 5

21. Survey of land required for a public work. SE 13 and 14. 22. Authority of the Minister respecting land required for a public work. SE 10. 6

(1) Land required for a public work shall be sur veyed and marked on the ground by a qualified land sur veyor or engineer who shall prepare a plan thereof.

(2) Notwithstanding subsection (1), where any land required for a public work (

a) consists of a lot or parcel shown on a plan that is filed or registered under The Land Titles Act, or (

b) is the subject matter of one certificate of title, or consists of one or more legal subdivisions within the the meaning of The Alberta Surveys Act, the land need not be surveyed but the Director of Surveys shall prepare a notification describing the lot, parcel, land or legal subdivision and stating that it is required for a public work.

(3) The deposit in the land titles office of a notification as provided in

section 10 of The Expropriation Procedure Act shall, for the purposes of The Land Titles Act, be deemed to be the filing of a plan of the land.

(4) The plan or notification need not be prepared before or at the time of the entry or taking possession of .the lands under the authority of this Act. 22. The Minister by his surveyors, engineers, foremen, agents, workm·en and servants may 6 (

a) enter upon and take possession of any land required for a public work, (

b) enter upon any land and survey and take levels of the land and make such borings or sink such trial pits as he considers necessary for a purpose rela tive to a public work, (

c) enter upon and take posse,ssion of any land that in his judgment is necessary for the use, construction, maintenance or repair of a public work or for obtaining better access thereto, (

d) enter with animals, equipment and machines on any land and (

i) deposit thereon soil, earth, gravel, trees, bushes, logs, poles, brushwood or other material found on land required for a public work, (ii) dig up, quarry and carry away earth, stones, gravel or other material required for a public work, and (iii) cut down and carry away trees, bushes, logs, poles and brushwood and remove them from the land for the making, construction, main taining or repairing of a public work, (

e) make and use any temporary roads to and from such timiber stones, clay, gravel, sand or gravel pits that are required by him for the convenient passing to and from a public work during its construction or rep'air,

23. Removal of fences to construct a public work. SE 11. 24. Taking of gravel etc. for a public work. SE 12. 25. Establishment of Public Works Development Areas. PW 25 (1). 28. Acquisition of land in a Public Works Development Area. PW 25 (2) and (3). 7

(

I) ent~r upon land for the purpose of making proper draIns to carry off the water from a public wDrk, and for the purpose .of keeping the drains in repair, (

g) divert or alter temporarily .or permanently the course of a waterway, watercourse, road, street or way Dr raise or IDwer the level thereof in order tD carry it over or under on the level .of Dr by the side .of a public work as he considers expedient, and (

h) divert or alter the position of a water pipe, oil pipe, gas pipe, sewer or drain, or a telecDmmunication Dr electric transmission wire or pole. 23.

(1) Where it is necessary or expedient in the con ,structing, demolishing, maintaining Dr repairing .of a public work to take dDwn or remove a wall .or fence of an .owner or occupier of land .or premises adj.oining the premises .of a public work, the wall or fence shall be replaced as s.oon as the necessity that caused its taking down or remDval has ceased.

(2) After the wall or fence has been replaced the .owner or occupier .of the land or premises shall maintain the wall Dr fence to the same extent as he would by law be required tD dD if the wall or fence had never been taken down Dr removed. 24.

(1) Where gravel, stone, earth, sand, water Dr .other material is taken for a public work from lands at a distance frDm the public work, the Minister may cause to be laid down the necessary sidings, roads, water pipes, con duits or tracks over Dr through land intervening between the public work and the land on which the material or water is found.

(2) The powers CDntained in this sectiDn may at any time after the public work is constructed be used for the purpDse of repairing and maintaining the public work. Public Works Development Areas 25. Where it is intended (

a) to expend public moneys on the acquisition and development of any area .of land for the purposes .of the Crown or another public body in the Province, and (

b) to acquire all the lands in that area over a periDd .of time as they become available or are needed, the Lieutenant Governor in Council may declare that area .of land tD be a Public Works Development Area. 26.

(1) Land within a Public Works Development Area shall be acquired by the Crown (

a) by purchase at any time the .owner .of the land is willing to sell it to the Crown, or 7

27. Prohibition of unapproved construction in a Public Works Development Area. PW 25 (4). 28. Filing of plan in land titles office. PW 25 (5) and (6). 29. Effect on landowners of establishment of Public Works Development Area. PW 25 (7). 30. Resolving conflicts. PW 25 (8). 31. Declaring certain property to be a public work. PW 7 and SE 25. 8

(

b) by expropriation, (

i) where the owner of the land wishes the Crown to acquire it but agreement cannot be reached as to price, or (ii) where the owner of the land requests that the land be expropriated or consents to expropri ation, or (

c) by purchase or expropriation, when the land is re quired for or in connection with a public work.

(2) Where the ,crown is negotiating the purchase of land in a Public Works Development Area and the owner indi cates that in the event of a sale he wishes to retain pos session or the right to possession of the land for the time being or until it is required for or in connection with a public work, the Crown shall negotiate with that owner in good faith and in preference to any other person for the leasing of the land to that owner when it is sold to the Crown. 27. No person shall construct an improvement or recon struct or add to an improvement on any land within a Public Works Development Area, except with the approval in writing of the Minister. 28.

(1) W;hen a Public Works Development Area is crea ted, the Minister shall file a copy of the order in council and a plan of the Public Works Development Area with (

a) the clerk or secretary-treasurer of the municipality, and (

b) the Registrar of Land Titles for the land registra- tion district, in which the Area is situated and shall give notice of the creation of the Area and of the provisions of this

section to all owners of land in the Area.

(2) The Registrar of Land Titles shall endorse upon every certificate of title to land within a Public Works Development Area, a notice that the land is within a Public Works Development Area and that this

section applies in respect of that land. 29. Any person who holds or acquires an interest in land within a Puhlic Works Development Area holds or acquires that interest subject to sections 26 to 28. 30. Where any conflict exists between sections 25 to 29 and any Act, regulation or by-law, this

section prevails. Miscellaneous 31.

(1) The Lieutenant Governor in Council m'ay declare to be a public work any real or personal property that has 8

32. Title to land acquired by agreement for highways. SE 15. 33. Offences and penalties. HD 21 and 22 and PW 22 and 23 and SE 26. 34. General authority to make regulations. New. 35. Repeal of part of the legislation being incorporated in this Bill. Sepeal of the remainder of the existing provisions will be done by the new Department of Highways Act and Department of Public Works Act. 9

been constructed, purchased or otherwise acquired by any one at the public expense or on which public moneys have been expended. (2)~itle to property declared to be a public work under suhsectIon (1) vests from the time of declaration in the Crown and that prop:erty shall be under the control of the Minister designated by the Lieutenant Governor in Council. .32. Where any land is acquired by the Crown for a hlghw,ay through agreement with the owner, title to the land may be registered in the name of the Crown by the filing of the plan or notification and it is not necessary to register a transfer of that land. 33.

(1) A person who interrupts, hinders or molests a person engaged under the authority of the Minister in making an examination, exploration or survey in connection with any work authorized by the Minister or by this Act is guilty of an offence and liable on

summary conviction to a fine of not more than one hundred dollars or to imprison ment for ,a term of not more than two months or to both fine and imprisonment.

(2) A person who interrupts, hinders or molests a person engaged under the authority of the Minister in removing an obstruction, or in constructing, demolishing, maintaining or repairing a public work, is guilty of an offence and liable on

summary 'conviction to a fine of not more than one hun dred dollars or to imprisonment for a term of not more than two months or to both fine and imprisonment.

(3) A person who carelessly or wilfully breaks, cuts or fills up or otherwise injures or damages a public work is guilty of an offenc·eand liable on

summary conviction to a fine of not more than one hundred dollars and in default of payment to imprisonment for a term of not more than ninety days.

(4) A court by which a person is convicted of an offen~e under subsection (3) may also order the offender to repaIr forthwith any damage to the public work or to pay to the Crown the cost of repairing the damage. 34. The Lieutenant Governor in Council may make regu lations respecting any matters he considers necessary or advisable to carry out effectively the intent and purpose of this Act. 35.

(1) This Act repeals and replaces (

a) The Surveys and Expropriation Act, (

b) The Public Works Creditors Payment Act.

(2) The Expropriation Procedure Act is amended (

a) as to

section 7, 9

36. Commencement of Act. 10

(

i) by striking out the words "The Surveys and Expropriation Act" where they occur in clauses (

a) and (

c) and by substituting the words "The Public Works Act", (ii) by striking out subclause (ii) of clause (d), (

b) hy striking out

section 9, (

c) as to

section 10, subsection (3) by striking out the words "section 10 of The Surveys and Expropriation Act" and by substituting the words "section 22 of The Public Works Act", (

d) as to

section 10, subsection (4) by striking out the words "The Surveys and Expropriation Act" and by substituting the words "The Public Works Act". 36. This Act comes into force on the day upon which it is ,assented to. 10

No. 89 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABE'TH II 1965 BILL

An Act respecting Public Works Received and read the First time ......................................... . Second time ........ . Third time. HON. MR. C'OLBORNE Title: 1965 (15th, 2nd) Bill 89,

An Act respecting Public Works

Document details

Collection	Alberta — Bills
Citation	L15 S2 1529
Type	bill
Volume / chapter	L15 S2 1529
Language	en
Format	json
Source	PROVINCIAL
Identifier	5492266d97959dea0835f0c47d89ead401224d18

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