Bill 44 (Legislature 10, Session 3)

L10 S3 7477

Alberta — Bills

Bill No. 44 of 1946. A BILL TO AMEND THE PUBLIC WORKS ACT NOTE. This Bill introduces three new sections into The Public Works Act. The proposed

section 42a prohibits the excavating or removal of earth within six feet of power line poles, etc., erected on a road allowance or other highway. It has been found that where sU,ch excavations take place the poles may be blown over the highway and create a serious menace to life in certain circumstances.

Section 42b of the Bill prohibits the owner or occupant of irrigated land abutting on a highway from permitting irri gation water to escape from the land into a highway ditch. Subsection (2) provides a penalty for a breach of subsection (1), which penalty may include an amount based on the damage caused to the highway.

Section 42c prohibits the owner or occupant of land abut ting on a highway from constructing a ditch or drain on his land within fifty feet of the road allowance without the written approval of the Minister of Public Works. w. S. GRAY, Legislative Counsel. (This note does n"Ot form any part of the Bill but is offered in explanation of its provisions.)

BILL NO'. 44 O'f 1946.

An Act to' amend The Public Works Act. (Assented to , 1946.) HIS MAJESTY, by and with the advice and consent of the l..€gislative Assembly of the Province of Alberta, enacts as follows: 1. The Public Works Act, being

chapter 73 of the Revised Statutes of Alberta, 1942, is hereby amended by adding immediately after

section 42 thereof the fO'llowing new sectiDns: "42a.-

(1) Where any pDles have been erected on a rDad allDwance O'r surveyed rO'ad Dr highway for the purpose O'f cO'nveying electricity Dr electrical pDwer and are used for such purpO'se, nO' persO'n shall excavate Dr remO've .or cause to' be excavated O'r rem.oved any earth frO'm any PO'rtiO'n O'f the rDad all Dwance , surveyed road or highway which is within a distance O'f six feet fr.om any such pO'le. "

(2) Any person vi.olating the prO'visiDns O'f subsectiO'n (1) shall be guilty O'f an O'ffence and liable .on

summary cO'n victiDn to' a penalty O'f nO't less than ten dO'llars nor mO're than fifty dO'llars, and in default Df payment to' imprisO'nment fO'r a term O'f nDt less than ten days nDr mO're than sixty days, and if such O'ffence is committed by a cDrporation it shall be liable to' a penalty Qf nQt less than twenty-five nor more than Dne hundred dO'llars. "42b.-

(1) NO' perSDn whO' is the Qwner Qr .occupant O'f irrigated land abutting O'n a rQad allowance, surveyed rO'ad O'r highway shall cause O'r permit any water, used Qr intended to' be used fO'r irrigation purpDses, to' escape from such land intO' a highway ditch UPO'n such rO'ad "allDwance, surveyed rO'ad Qr highway O'r upDn any O'ther part Qf such rO'ad allow ance surveyed r.oad Dr highway. "

(2) Any perSQn whO' viO'lates the prQvisiO'ns" .of subsection (1) shall be guilty O'f an O'ffence and liable O'n

summary con victiO'n to' a penalty nO't exceeding Qne hundred dO'llars and in fixing the penalty the CDurt shall take into accDunt any damage that may have been dO'ne to' the rDad allO'wance, sur veyed road O'r highway thrO'ugh the escape O'f water, and shall include in the penalty such sum as appears to' the CO'urt to' be a reasO'nable cO'mpensatiO'n fO'r the damage caused as afO'resaid, subject always to the maximum hereinbefO're pro vided fQr. "42c.-

(1) NO' persO'n whO' is the Qwner Dr O'ccupant Df land abutting O'n rDad allowance, surveyed rO'ad Dr highway shallcO'nstruct O'r cause to' be cO'nstructed a ditch Dr drain

2 upon his land for any 'purpose whatsoever within fifty feet of such road allowan.ce, surveyed road or highway unless he has first obtained the written approval of the Minister to the construction of the ditch or drain. "

(2) Any person who violates the provisions of subsection (1) shall be guilty of an offence and liable on

summary conviction to a penalty of not less than fifty dollars nor more than two hundred dollars, or in default of payment to impris onment for a term of not less than ten days nor more than thirty days, and if such person after being convicted here under shall continue to maintain such ditch or drain or does not fill it to the satisfaction of the Minister within fourteen days after the ~onviction he shall be guilty of an offence and liable on

summary conviction to a further penalty of not less than ten dollars nor more than twenty-five dollars for each day after the expiration of said period of fourteen days dur ing which he fails or negle·cts to fill up the ditch or drain, or in default of payment to imprisonment for a term of not less than thirty days nor more than ninety days." 2. This Act shall come into force on the day upon which it is assented to.

THIRD SESSION TENTH LEGISLATURE 10 GEORGE VI 1946 BILL

An Act to amend The Public Works Act. Received and read the First time .. Second time ................................ . Third time ............. . HON. MR. FALLOW. l'JDMONTON: A. Shnitka, King's Printer 1946 Title: 1946 (10th, 3rd) Bill 44,

An Act to amend The Public Works Act

Document details

Collection	Alberta — Bills
Citation	L10 S3 7477
Type	bill
Volume / chapter	L10 S3 7477
Language	en
Format	json
Source	PROVINCIAL
Identifier	709ad83b859afcce2ed0ea5607b78d86c50a5807

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