Act RSA 2000 Section 1 (RSA 2000 cP-46)

RSA 2000 cP-46

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter P-46 Current as of April 1, 2025 PUBLIC WORKS ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2026 c12 s17 amends ss14.3(2)(

b) and 34.

1 PUBLIC WORKS ACT

Chapter P-46 Table of Contents

Part 1 General 1

Definitions 1.1 Waiver prohibited 1.2 Act binds Crown

Part 2 Contracts 2 Contracts on behalf of Crown 3 Tenders 4 Security 5 Notice of tenders 6 Opening tenders 7 Withdrawal of tender 8 Accepting of tender 9 Failure of tenderer to perform 1 1 Completion of work under a contract 1 2 Payment for work

Part 3 Payment for Public Works and Adjudication 13.1 Proper invoice 13.2 Payment deadline — Crown to contractor 13.3 Payment deadline — contractor to subcontractor 13.4 Payment deadline — subcontractor to subcontractor 13.5 Interest on late payments 13.6 No effect on wages 1 4 Notice of claim 14.1 Application of

Part 5 of Prompt Payment and Construction Lien Act

RSA 2000

Section 1

Chapter P-46 PUBLIC WORKS ACT 2 14.2 Nominating Authority 14.3 Adjudication of dispute 14.4 Adjudication procedures 14.5 Non-application of certain provisions 14.6 Transitional 1 5 Payment of claim 1 6 List of creditors 1 7 Display of cla im procedures 1 9 Extension of time, etc.

Part 4 Expropriation 2 0 Expropriation 2 1 Survey of land 2 2 Right to enter 2 3 Removal of fences 2 4 Removal of gravel, etc.

Part 5 Public Works Development Areas 2 5 Public Works Development Areas 2 6 Acquisition of land 2 7 Improvements 2 8 Filing of plan 2 9 Land owner ’s obligations 3 0 Conflict of provisions

Part 6 Miscellaneous 3 1 Declaration as public work 3 2 Land for highway 3 3 Offences and penalties 3 4 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Part 1 General

Definitions 1 In this Act,

RSA 2000

Section 1.1

Chapter P-46 PUBLIC WORKS ACT 3 (a) “claimant” means a contract or or subcontractor who delivers a notice of claim under

section 14; (b) “contract” means a contract between the Crown, or an agent of the Crown, and a contractor to provide labour, equipment, material or services with respect to a public work; (c) “contractor” means an i ndividual or a legal entity recognized under the laws of Alberta that enters into a contract and includes a consultant advising the Crown with respect to a public work, but does not include a legal or financial advisor; (d) “Court” means the Court o f King’s Bench of Alberta; (e) “Crown” means His Maj esty in right of Alberta; (f) “Minister” means, with res pect to a public work, the Minister who is responsible for or otherwise administers that public work; (g) “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 under a contract or subcontract; (h) “subcontract” means a subc ontract between a contractor and a subcontractor or between subcontractors to provide labour, equipment, material or services with respect to a public work; (i) “subcontractor” means an individual or a legal entity recognized under the laws of Alberta that enters into a subcontract and includes a consultant advising a contractor with respect to a public work, but does not include a legal or financial advisor.

RSA 2000 cP-46 s1;2002 c21 s2;AR 217/2022;2024 c20 s3 Waiver prohibited 1.1 An agreement by any person that this Act or any provision of this Act does not apply or that the remedies provided by this Act are not to be available for the person’s benefit is void. 2024 c20 s3 Act binds Crown 1.2 This Act binds the Crown. 2024 c20 s3

RSA 2000

Section 2

Chapter P-46 PUBLIC WORKS ACT 4

Part 2 Contracts Contracts on behalf of Crown 2(1) Any contract 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) Repealed 2002 c21 s3. RSA 2000 cP-46 s2;2002 c21 s3;2024 c20 s3 Tenders 3 When it appears practical or expedient to the Minister to do so, the Minister may by invitation or public notice call for tenders for the construction, demolition, alteration and repair of and the supplying of materials for public works. RSA 1980 cP-38 s3 Security 4 When the Minister so requires, every tender shall be accompanied with security in a form and amount satisfactory to the Minister, conditioned on the tenderer entering into a contract if that tender is accepted.

RSA 1980 cP-38 s4 Notice of tenders 5(1) A notice calling for tenders must provide instructions for tendering, including the method for submitting tenders and the date and time up to which tenders will be received.

(2) The Minister may, by public notice, extend the time for receiving tenders. RSA 2000 cP-46 s5;2024 c20 s3 Opening tenders 6 The identity of each tenderer submitting a compliant tender and the amount of the successful tender must be publicly disclosed. RSA 2000 cP-46 s6;2024 c20 s3 Withdrawal of tender 7 The Minister shall in the tender documents provided by the Minister prescribe the conditions under which a tender may or may not be withdrawn. RSA 2000 cP-46 s7;2002 c21 s4 Accepting of tender 8 The Minister is not bound to accept the lowest or any tender. RSA 2000 cP-46 s8;2002 c21 s5

RSA 2000

Section 9

Chapter P-46 PUBLIC WORKS ACT 5 Failure of tenderer to perform 9(1) If a tenderer whose tender is accepted refuses or fails within the time provided for in the tender documents (

a) to enter into a contract for the public work covered by th e tender, and (

b) where the furnishing of security is required, to furnish t he security for the performance of the contract, the tenderer is liable to the Crown for the difference between the amount of the tender and any higher amount that the Crown contracts for with another contractor with respect to the same public work.

(2) Where the tender documents provide for the furnishing of security, the amount that a tenderer is liable for under subsection (1) is not to exceed the amount of that security. RSA 2000 cP-46 s9;2002 c21 s6;2024 c20 s3 10 Repealed 2002 c21 s7. Completion of work under a contract 11(1) A contract that specifies a date by which or a time within which any work under the contract is to be completed may also provide for a penalty for failure to complete the work by that date or within that time.

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

a) the actual loss or damages suffered by the Crown because o f the failure to complete the work under the contract; (

b) a stipulated sum for each d ay that the work under the contract is incomplete after the date or time agreed on, regardless of the actual loss or damages.

(3) When a contract provides for a penalty as mentioned in this section, the amount of the penalty may be realized out of any security required under the contract, or it may be withheld from any money payable by the Crown to the contractor, as applicable. RSA 2000 cP-46 s11;2024 c20 s3 Payment for work 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

RSA 2000

Section 13.1

Chapter P-46 PUBLIC WORKS ACT 6 (

a) the contract has been signed by the parties named in it, a nd (

b) the required security and proof of insurance has been give n. (2),

(3) Repealed 2002 c21 s8. RSA 2000 cP-46 s12;2002 c21 s8

Part 3 Payment for Public Works and Adjudication 13 Repealed 2002 c21 s9. Proper invoice 13.1(1) For the purposes of this

section and sections 13.2 to 13.5, “proper invoice” means a written bill or other request for payment under a contract or subcontract if the written bill or request for payment contains the following information and meets any other requirements as may be specified in the contract or subcontract, as applicable: (

a) the name and business address of the contractor or subcontractor, as applicable; (

b) the date of the proper invoice and the period during which the labour, equipment, material or services were provided; (

c) information identifying the contract or subcontract under which the labour, equipment, material or services were provided; (

d) a description of the work done under the contract or subcontract, or the labour, equipment, material or services provided; (

e) the amount requested for payment and the corresponding payment terms broken down for the labour, equipment, material or services provided; (

f) the name, title and contact information of the person to whom the payment is to be sent; (

g) a statement indicating that the invoice provided is intend ed to constitute a proper invoice and the date when the payment is due.

(2) A provision in a contract or subcontract that makes the giving of a proper invoice conditional on the prior approval of the party to be invoiced is of no force or effect.

RSA 2000

Section 13.2

Chapter P-46 PUBLIC WORKS ACT 7

(3) A proper invoice may be revised if (

a) the parties to the proper in voice agree to a revision, and (

b) the proper invoice continues to meet the requirements referred to in subsection (1).

(4) Proper invoices must be given to the Crown, contractor or subcontractor, as applicable, at least every 31 days after work begins under the relevant contract or subcontract. 2024 c20 s3 Payment deadline — Crown to contractor 13.2 If the Crown owes money under a proper invoice received from a contractor, the Crown must pay the undisputed amount payable under the proper invoice no later than 28 days after receiving the proper invoice. 2024 c20 s3 Payment deadline — contractor to subcontractor 13.3 A contractor who receives a proper invoice from a subcontractor must pay the undisputed amount payable under the proper invoice no later than 35 days after receiving the proper invoice, regardless of whether or not the Crown has made any payment to the contractor in respect of the labour, equipment, material or services described in the proper invoice provided to the contractor. 2024 c20 s3 Payment deadline — subcontractor to subcontractor 13.4 A subcontractor who receives a proper invoice from its own subcontractor must pay the undisputed amount payable under the proper invoice no later than 42 days after receiving the proper invoice, regardless of whether or not the Crown, the contractor or a subcontractor has made any payment in respect of the labour, equipment, material or services described in the proper invoice provided to the subcontractor. 2024 c20 s3 Interest on late payments 13.5 Interest begins to accrue at the rate prescribed under

section 4 of the Judgment Interest Act and the regulations made under that Act on any amount owed by any party under a proper invoice that remains unpaid for more than 45 days from the date of that party’s receipt of the proper invoice. 2024 c20 s3

RSA 2000

Section 13.6

Chapter P-46 PUBLIC WORKS ACT 8 No effect on wages 13.6 Nothing in sections 13.1 to 13.5 in any way reduces, derogates from or alters the obligations of a contractor or subcontractor to pay wages to an employee as provided for by a statute, enactment, contract or collective bargaining agreement. 2024 c20 s3 Notice of claim 14(1) When a contractor or subcontractor (

a) provides any labour, equipment, material or services with respect to a public work, and (

b) is not paid by the entity tha t is legally obliged to pay that contractor or subcontractor, the contractor or subcontractor may deliver a notice of that contractor’s or subcontractor’s claim, as applicable, to the Minister or agent of the Crown that is responsible for the public work.

(2) In the case of a claim arising out of the performance of a contract entered into by the Crown for work on a highway or road as defined in

section 1 of

Schedule 14 of the Government Organization Act, the notice of claim must (

a) be sent by registered mail not sooner than 30 days nor lat er than 90 days after the last day on which the labour, equipment, material or services were provided, and (

b) set out the nature and am ount of the claim in a form satisfactory to the Crown.

(3) The notice of claim, other than for a claim referred to in subsection (2), must (

a) be sent by registered mail not later than 45 days after the last day on which the labour, equipment, material or services were provided, and (

b) set out the nature and am ount of the claim in a form satisfactory to the Crown. RSA 2000 cP-46 s14;2002 c21 s10;2024 c20 s3 Application of

Part 5 of Prompt Payment and Construction Lien Act 14.1(1) For the purposes of sections 14.2 to 14.5, (a) “adjudication” means an adj udication of a dispute under this Part;

RSA 2000

Section 14.2

Chapter P-46 PUBLIC WORKS ACT 9 (b) “adjudicator” means an adjud icator referred to in

section 14.2(a); (c) “dispute” means a dispute over the subject-matter of a notice of claim referred to in

section 14; (d) “Nominating Authority” means a Nominating Authority referred to in

section 14.2.

(2) Provisions with respect to adjudication in

Part 5 of the Prompt Payment and Construction Lien Act apply to adjudication as defined in subsection (1)(

a) with all necessary modifications and subject to other provisions of this Act. 2024 c20 s3 Nominating Authority 14.2 Notwithstanding anything to the contrary in any other enactment, a Nominating Authority designated under the Prompt Payment and Construction Lien Act must perform the following duties for the purposes of this Act: (

a) qualify and appoint adjudicators; (

b) develop and oversee programs for the training of adjudicators; (

c) establish and maintain a publicly available registry of adjudicators; (

d) provide the Crown with timely notice of the commencement and completion of all adjudications, including copies of the referral to the Nominating Authority, the relevant notice of claim and the written determination of the dispute by the adjudicator; (

e) perform any other duties set out in the regulations. 2024 c20 s3 Adjudication of dispute 14.3(1) Subject to

section 14.5, a party to a contract or subcontract may refer a dispute to adjudication in accordance with this Act and the procedures established by the Nominating Authority.

(2) Notwithstanding anything in this Act, the following matters may not be referred to adjudication under subsection (1): (

a) any dispute seeking relief other than the payment of a contractor or subcontractor for the provision of labour, equipment, material or services with respect to a public work;

RSA 2000

Section 14.3

Chapter P-46 PUBLIC WORKS ACT 10 (

b) subject to subsection (3), any dispute in respect of a monetary claim valued in excess of the maximum amount referred to in

section 9(1)(

i) of the Court of Justice Act, exclusive of costs and interest; (

c) any dispute seeking a deter mination, order or declaration in respect of (

i) the validity of the termination of a contract or subcontract, (ii) the validity or enforcement of a determination, order or declaration of another decision maker, including a court or an arbitrator, (iii) any delay or modification of a construction

schedule under a contract or subcontract, (iv) the achievement of any milestone date under, or the completion of, a contract or subcontract, or (

v) the

interpretation of any o f the following in a contract or subcontract: (

A) a relief event; (

B) a designated change in law; (

C) a remedial action; (

D) a force majeure event.

(3) If the monetary value of a dispute exceeds the amount referred to in subsection (2)(b), the claimant may abandon the part of the claim that is in excess by filing a notice to that effect with the Nominating Authority and the Crown.

(4) Where a notice is filed under subsection (3), the claimant forfeits the excess part of the claim and is not entitled to recover that excess part of the claim in the adjudication or in any court or arbitration.

(5) If a party commences an action in court, or an arbitration under the Arbitration Act, with respect to a dispute referred to adjudication under subsection (1), the adjudication, action in the court and arbitration may all proceed unless the Court directs otherwise.

RSA 2000

Section 14.4

Chapter P-46 PUBLIC WORKS ACT 11

(6) If the Court makes an order in respect of the dispute on the merits of the dispute while the adjudication is still ongoing, the adjudication is automatically terminated. 2024 c20 s3 Adjudication procedures 14.4(1) Subject to subsections (2) and (3), an adjudication must be conducted in accordance with the adjudication procedures under the Prompt Payment and Construction Lien Act or as established by the responsible Nominating Authority.

(2) When a dispute is referred to adjudication, any dispute resolution procedures set out in a contract or subcontract apply to that dispute only to the extent that they do not conflict with the adjudication procedures under the Prompt Payment and Construction Lien Act or as established by the responsible Nominating Authority.

(3) Notwithstanding anything to the contrary under the Prompt Payment and Construction Lien Act, an adjudication may be commenced any time after delivery of a notice of claim under

section 14, until (

a) a determination of the dispute to be adjudicated is made b y the Court, (

b) after 180 days have passed since the notice of claim was delivered under

section 14, or (

c) a notice is given by the Crown under

section 15(1).

(4) Subject to this section, sections 33.6 to 33.9 of the Prompt Payment and Construction Lien Act apply to adjudication. 2024 c20 s3 Non-application of certain provisions 14.5(1) In this section, (a) “capital asset” means a cap ital asset as defined in the Infrastructure Accountability Act; (b) “capital asset upkeep contr act” means a contract relating only to the management or reasonable care and maintenance of a capital asset, identified as a capital asset upkeep contract in the contract itself, but that does not (

i) require the contractor to repair or prevent normal or reasonable wear and tear,

RSA 2000

Section 14.6

Chapter P-46 PUBLIC WORKS ACT 12 (ii) require the contractor to perform capital maintenance and renewal, (iii) require the achievement of any construction milestone, including but not limited to the completion, acceptance or warranty of construction, or (iv) extend the normal useful life or improve the value or productivity of a capital asset; (c) “capital maintenance and renewal” means work that replaces or upgrades components or systems extending the useful life of a capital asset or that functionally upgrades a capital asset to enhance usability, capacity or efficiency of the capital asset; (d) “special scope contract” me ans a contract where a contractor also provides financing with respect to a public work, identified as a special scope contract in the contract itself.

(2) Sections 13.1 to 13.5 and 14.1 to 14.4 do not apply in respect of (

a) a capital asset upkeep contract, (

b) a special scope contract, and (

c) any contract or subcontract related to a capital asset upkeep contract or special scope contract.

(3) If a contract or subcontract is related to a capital asset upkeep contract or special scope contract under subsection (2)(c), the contractor must ensure that a notification that sections 13.1 to 13.5 and 14.1 to 14.4 of this Act do not apply to that contract or subcontract, as applicable, is delivered to each subcontractor and displayed as required under

section 17(1). 2024 c20 s3 Transitional 14.6(1) In this section, (a) “former provisions” means th e provisions of this Act as they read immediately before the coming into force of this section; (b) “new provisions” means the pr ovisions of this Act as they read on the coming into force of this section.

(2) Any contract entered into on or after the coming into force of this

section is governed by the new provisions.

RSA 2000

Section 15

Chapter P-46 PUBLIC WORKS ACT 13

(3) Subject to the regulations, any contract or subcontract entered into prior to the coming into force of this

section is governed by the former provisions. 2024 c20 s3 Payment of claim 15(0.1) In this section, “surety” means a person who guarantees to the Crown the payment of creditors.

(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 money due and payable to the contractor on any account or from the money or security, if any, deposited by the contractor with the Crown.

(2) If there is insufficient money due and payable to the contractor to permit the deduction, the surety, if any, shall to the extent of the security, pay to the Crown on 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 on any evidence that it considers sufficient and may compromise any disputed liability, 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 on them.

(4) Instead of paying the claimant as provided in this section, the Crown may apply to the Court to pay the money into Court on the terms and conditions, if any, determined by the Court and, on the money being paid into Court, the Court may determine the persons who are entitled to the money and direct payment of the money in accordance with that determination.

(5) Notwithstanding anything to the contrary in any other Act, and subject to

section 13.6, a claimant has priority over any person, other than the Crown, having a claim under any other enactment or at common law with respect to any money payable under the contract or subcontract. RSA 2000 cP-46 s15;2002 c21 s11;2009 c53 s154;AR 217/2022; 2024 c20 s3 List of creditors 16 The Crown may, in writing, require a contractor or any of the contractor’s subcontractors to send to it by registered mail within 15 days from the date of the mailing of the demand, a list of the names of and the amounts owing to the contractor’s or subcontractor’s creditors for labour, equipment, materials or

RSA 2000

Section 17

Chapter P-46 PUBLIC WORKS ACT 14 services used or reasonably required for use in the performance of a contract or the subcontract, as the case may be. RSA 1980 cP-38 s16 Display of claim procedures 17(1) Every contractor shall, where practicable, display and keep displayed in a conspicuous place on the public work to which the contract relates (

a) a copy of

section 14, (a.1) a notification under

section 14.5(3), if applicable, and (

b) where a labour and material payment bond has been provided to the Minister, a copy of the bond.

(2) The fact that a labour and material payment bond does or does not exist is to be considered public information and, if a bond does exist, any particulars of that bond are to be considered public information and that information may be made known to any person who requests the information. RSA 2000 cP-46 s17;2002 c21 s12;2024 c20 s3 18 Repealed 2002 c21 s13. Extension of time, etc. 19(1) The Lieutenant Governor in Council may make orders (

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

b) providing for and requiring notices in addition to the not ice mentioned in

section 14.

(2) Any order made under subsection (1) may be made applicable in respect of any class or classes of contractor or subcontractor or to any class of public work. RSA 1980 cP-38 s19

Part 4 Expropriation Expropriation 20(1) The Crown may acquire by expropriation any land required for, or that it is expedient or advantageous to acquire in connection with, a public work.

(2) When the Minister is of the opinion that the Crown can obtain, at a more reasonable price or to greater advantage than by

RSA 2000

Section 21

Chapter P-46 PUBLIC WORKS ACT 15 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. RSA 1980 cP-38 s20 Survey of land 21(1) Land required for a public work shall be surveyed and marked on the ground by a qualified land surveyor who shall prepare a plan of it.

(2) Notwithstanding subsection (1), when 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, (

b) is the subject-matter of o ne certificate of title, or consists of one or more legal subdivisions within the meaning of the Surveys Act, or (

c) can be described sufficien tly without the necessity of a plan of survey or an additional plan of survey, the land need not be surveyed but the Minister shall prepare a notification describing the lot, parcel, land or legal subdivision and stating that it is required for a public work.

(3) Subject to the Expropriation Act, the plan or notification need not be prepared before or at the time of the entry or taking possession of the land under the authority of this Act. RSA 1980 cP-38 s21 Right to enter 22 The Minister may, by the Minister’s surveyors, engineers, foremen, agents, workers and servants, (

a) enter on and take possession of any land required for a public work; (

b) enter on any land and survey and take levels of the land a nd make any borings or sink any trial pits that the Minister considers necessary for a purpose relative to a public work; (

c) enter on and take possession of any land that in the Minister’s judgment is necessary for the use, construction, maintenance or repair of a public work or for obtaining better access to it; (

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

RSA 2000

Section 23

Chapter P-46 PUBLIC WORKS ACT 16 (

i) deposit on that land 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 a way earth, stones, gravel or other material required for a public work, and (iii) cut down and carry away t rees, bushes, logs, poles and brushwood and remove them from the land for the making, construction, maintaining or repairing of a public work; (

e) make and use any temporary roads to and from the timber, stones, clay, gravel or sand or gravel pits that are required by the Minister for the convenient passing to and from a public work during its construction or repair; (

f) enter on land for the purpos e of making proper drains to carry off the water from a public work, 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 or raise or lower its level to carry it over or under on the level of or by the side of a public work as the Minister considers expedient; (

h) divert or alter the position of a water pipe, sewer or drain, or a telecommunication or electric transmission wire or pole. RSA 1980 cP-38 s22 Removal of fences 23(1) When it is necessary or expedient in the constructing, demolishing, maintaining or repairing of a public work to take down or remove a wall or fence of an owner or occupier of land or premises adjoining the premises of a public work, the wall or fence shall be replaced as soon as the necessity that caused its taking down or removal has ceased.

(2) After the wall or fence has been replaced, the owner or occupier of the land or premises shall maintain the wall or fence to the same extent as the owner or occupier would by law be required to do if the wall or fence had never been taken down or removed. RSA 1980 cP-38 s23 Removal of gravel, etc. 24(1) When gravel, stone, earth, sand, water or other material is taken for a public work from land at a distance from the public work, the Minister may lay down the necessary sidings, roads, water pipes, conduits or tracks over or through land intervening

RSA 2000

Section 25

Chapter P-46 PUBLIC WORKS ACT 17 between the public work and the land on which the material or water is found.

(2) The powers contained in this

section may at any time after the public work is constructed be used for the purpose of repairing and maintaining the public work. RSA 1980 cP-38 s24

Part 5 Public Works Development Areas Public Works Development Areas 25(1) When it is intended (

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

b) to acquire all the land in that area over a period of time as it becomes available or is needed, the Lieutenant Governor in Council may declare that area of land to be a Public Works Development Area.

(2) When a Public Works Development Area is established for the purposes of a public body other than the Crown and if that public body has the authority to expropriate land, then with respect to that Area, (

a) the powers and obligations o f the Crown under

section 26, and (

b) the power of the Minister under

section 27, must be undertaken by and in the name of the public body and not by the Crown and the Minister. RSA 1980 cP-38 s25 Acquisition of land 26(1) Land within a Public Works Development Area must be acquired by the Crown (

a) by purchase at any time th e owner of the land is willing to sell it to the Crown, (

b) by expropriation, (

i) when the owner of the land wishes the Crown to acquire it but agreement cannot be reached as to price, or

RSA 2000

Section 27

Chapter P-46 PUBLIC WORKS ACT 18 (ii) when the owner of the land requests that the land be expropriated or consents to expropriation, o r (

c) by purchase or expropriatio n, when the land is required for or in connection with a public work.

(2) When the Crown is negotiating the purchase of land in a Public Works Development Area and the owner indicates that in the event of a sale the owner wishes to retain possession 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.

RSA 1980 cP-38 s26 Improvements 27 No person shall construct an improvement or reconstruct or add to an improvement on any land within a Public Works Development Area, except with the approval in writing of the Minister. RSA 1980 cP-38 s27 Filing of plan 28(1) When a Public Works Development Area is created, the Minister shall file a copy of the order in council and a plan of the Public Works Development Area with (

a) the chief administrative of ficer of the municipality in which the Area is situated, and (

b) the Registrar of Land Titles, and shall give notice of the creation of the Area and of this

section to all owners of land in the Area.

(2) The Registrar of Land Titles shall endorse on 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. RSA 1980 cP-38 s28;1994 cM-26.1 s642(61);1996 c32 s5(43) Land owner’s obligations 29 A person who holds or acquires an interest in land within a Public Works Development Area holds or acquires that interest subject to sections 26 to 28. RSA 1980 cP-38 s29

RSA 2000

Section 30

Chapter P-46 PUBLIC WORKS ACT 19 Conflict of provisions 30 Where any conflict exists between sections 25 to 29 and any Act, regulation or bylaw, those sections prevail. RSA 1980 cP-38 s30

Part 6 Miscellaneous Declaration as public work 31(1) The Lieutenant Governor in Council may declare to be a public work any real or personal property that has been constructed, purchased or otherwise acquired by anyone at the public expense or on which public money has been expended.

(2) Title to property declared to be a public work under subsection (1) vests from the time of declaration in the Crown and that property is to be under the control of the Minister designated by the Lieutenant Governor in Council. RSA 1980 cP-38 s31 Land for highway 32 When land is acquired by the Crown for a highway 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.

RSA 1980 cP-38 s32 Offences and penalties 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 to a fine of not more than $1000 or to imprisonment for a term of not more than 2 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 to a fine of not more than $1000 or to imprisonment for a term of not more than 2 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 offence and liable to a fine of not more than $1000 and in default of payment to imprisonment for a term of not more than 90 days.

(4) A court by which a person is convicted of an offence under subsection (3) may also order the offender to repair forthwith any

RSA 2000

Section 34

Chapter P-46 PUBLIC WORKS ACT 20 damage to the public work or to pay to the Crown the cost of repairing the damage. RSA 2000 cP-46 s33;2002 c21 s14 Regulations 34 The Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act may make regulations (

a) respecting other duties of a Nominating Authority referred to in

section 14.2(e); (

b) respecting the application of transitional provisions refe rred to in

section 14.6(3); (

c) defining any term used but not defined in this Act; (

d) respecting any matter that t he Minister considers necessary or advisable to carry out the intent and purposes of this Act. RSA 2000 cP-46 s34;2023 c5 s13;2024 c20 s3

Printed on Recycled Paper *9780779852161*

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cP-46
Type	statute
Volume / chapter	RSA 2000 cP-46
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	9fddb58f48c6240b3d32433de5d6d14703457586

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