Bill No. 74 of 1952. A BILL TO AMEND THE WATER, GAS, ELECTRIC AND TELEPHONE COMPANIES ACT. NOTE. This Bill amends The Water, Gas, Electric and Telephone Companies Act, being

chapter 260 of the Revised Statutes of Alberta, 1942. There is no general statutory authority for expropria­ tion of land in rural areas by electric power, gas, water or telephone companies, for rights-of-way for their pipes, wires, conduits and poles. In some instances the authority may be found in special provisions or special statutes deal­ ing with a specific company or type of company. At present this Act authorizes expropriation by such companies only within a city, town or vilJage.

The Act is amended to permit expropriation of private rural land by such companies sub­ ject to the approval of the Minister of Public Works, and establishes the manner of expropriation and the method of settling disputes with respect to compensation for land or an interest in land taken by a company under the new pro.visio.ns of this Act. A new

section 4a is added. It provides for entry upon private land by a company to. make surveys and examina­ tions for fixing the location of its proposed right...io.f-way. The lands the company may enter upon are those lying in the intended route of its mains, pipes, conducto.rs and wires and o.utside a city, town or village. A new

section lOa permits a company.to cut down trees or brush that obstruct the running of survey lines Or en­ danger the equipment of the company. The new

section 11a provides that where a claim is made against a company for damages to growing things, or other damage, notice of the claim is to be given within such time, not later than sixty days in any event, as will permit the damage to be still apparent.

Section 12 is amended. This

section now applies only in a city, town or village, and it is not intended that it should apply to. expro.priation in rural areas which is fully provided for in the new sections being added by this Bill. The pur­ pose of this amendment is to make it clear that

section 12 continues to apply only in cities, towns and villages. Sections 26, 27, 28 and 29 are added.

Section 26 provides that in certain cases a company may apply to the Minister for authority to expropriate land situate outside a city, town or village.

Section 27 provides that the Minister may issue an order authorizing a company to expropriate upon satisfying him­ self that the land or interest therein is necessary to the company, that it has tried all' reasonable means to obtain the land, and that the application is reasonable and proper.

Section 27 also provides that the land desired by the com­ pany shall vest in the company if, after receiving authority to expropriate, it files in the Land Titles Office a descrip­ tion.of the land or a plan of survey signed by the c.ompany's president and countersigned by the Minister.

Section 28 provides that. upon filing in the Land Titles Office, the company shall 'serve a notice upon the owner of the land and all persons sho.wn to have an interest in the land. The notice shall advise the owner or other interested persons of the compensation which the company is prepared to pay. If a person interested in the land is dissatisfied he shall notify the company of his dissatisfaction, and give so.me particulars .of his claim. If, ho.wever, no claim for increased compensation is made within the thirty day period, a person interested in land shall he deemed t.o be satisfied with the am.ount offered and be bound to. accept the amount of compensation offered by the company.

Section 29 provides for arbitration under The Arbitration Act where a person interested in land gives notice of his dissatisfaction with the amount offered. The arbitrators fix the amount of compensation which they c.onsider fair and reasonable and the company is required to pay that amount to the claimant. "This Bill comes into force upon assent. 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. 74 of 1952.

An Act to amend The Water, Gas, Electric and Telephone Companies Act. (Assented to ,1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Water, Gas, Electric and Telephone Companies Act, being

chapter 260 of the Revised Statutes of Alberta, 1942, is hereby amended. 2. The following new

section is added immediately after New

section secti'On 4: 4a "4a. A company may enter, without consent, on Cr'Own Rif'ht of lands 'Or private lands,- en ry "(

a) lying in the intended route of its mains, pipes, wires or conductors; and " (

b) situate outside a city, town or village; to make surveys and examination for fixing the location 'Of its proP'Osed righ~of-way, works and undertakings, and for ascertaining and determining the' description of the land it may require.". 3. The following new

section is added immediately after Ner lOa

section 10:' sec IOn "lOa. A company, subject t'O the provisions of

section 11, ~~~~~~~oo~s may cut down any trees or brush that, in its opinion, ob- struct the running 'Of survey lines 'Or endeanger the con- ductors, wire or equipment of the company.". 4. The following new

section is added immediately after Ne~

section 11 :

sectIOn 11o, "lla. Where a claim is made against a company for Notice of damages to crops, gardens, shrubs, trees or other growing ~~~~:~~ things, or other damage, notice of the claim shall be given in writing signed by the claimant within such time that the nature, character, extent and evidence of the damage may be apparent, and in any case not later than sixty days after the cause for complaint arose.".

Section 12 is amended by adding immediately after

Section 12 . , h d" 'th' 't amended the words "prIvate property' t e wor s WI In a CI y, town 'Or village".

Section 25 amended New sections 26 to 29 Company may apply to Minister Minister may authorize expropria­ tion Filing and vesting Compensa­ tion for land expropriated 2

Section 25, subsection (1) is amended by striking out the words "or within ten miles within the municipality" and by substituting the words "a city, town or village". 7. The following new heading and sections are added immediately after

section 25: "Expropriation of Right-of-Way. "26.

(1) Where a co.mpany is unable to. purchase,. lease o.r' otherwise acquire land or an interest in, any land, sltuate outside the limits of a city, town or village, which the com­ pany requires fo.r its mains, pipes, wire, co.nductors, poles or other devices to. convey, transmit, supply or distribute its gas, water or electricity or its telephone or sewerage services, it may apply to. the Minister for autho.rity to expropriate. "

(2) The Minister upon satisfying himself,- " (

a) that the land or the interest in land is necessary for the company's purposes; and " (

b) that the company has attempted by all reasonable means to conclude a satisfactory agreement with the landowner; and " (

c) that it is reasonable and proper to grant the company's application having regard to all the circumstances of the case; may issue an order authorizing the company to expropri­ ate such land or interest in land as the Minister may desig­ nate. "27. If after receiving authorization to. expropriate, the company files in the Land Titles Office for the Land Regis­ tration District within which the land is situate,- " (

n) a description of the land by metes and bounds or by reference to existing registered plans or both; or " (

b) a new plan of survey of the land prepared by a land surveyor, duly licensed for the Pro.vince of Alberta; which description or plan is signed by the president of the company and countersigned by the Minister, the land or interest therein shall vest in the company. "28.

(1) Upon the filing in the Land Titles Office of the description or plan of land taken pursuant to

section 27, the company shall serve or cause to be served by registered mail upon,- " (

a) the owner of the land or the interest in land taken; " (

b) all persons shown by the records of the Land Titles Office to be interested in the land taken; ~ notice setting forth the compensation which the company IS prepared to pay for the lands, or the interest therein so taken. ' "

(2) If a person entitled to compensation for land or the interest taken is dissatisfied with the amount of co.mpensa-

3 tion offered, he shall notify the company in writing of his dissatisfactiQn within thirty days from the date of the mailing of the notice by the company and shall set out,- " (

a) the amount that he C'laims as compensation fQr the land or the interest taken; " (

b) a full statement of the facts in support of his claim. "

(3) In the event of no claim fQr increased compensa­ tion being received by the company within the thirty days, the person entitled to compensation shall 00 deemed to be satisfied with and shall be bound to accept the amount of compensation 'Offered by the company. "29.

(1) When the company and the claimant for in- Company to . b· ~~~ creased compensatIQn are una Ie to agree on the compensa- arbitration tion to be paid, the company shall proceed to arbitration under the provisions of The Arbitration Act. "

(2) The arbitration shall be by two arbitrators one to be appointed by the company and 'One by the claimant for increased compensation. "

(3) The arbitratQrs shall consider each case where the amount 'Of compensation is disputed and shaH fix the amount ofcompensatiol1 which in their opinion is fair and reason­ able. "

(4) The company shall pay forthwith to the claimant Company to the compensation fixed by the arbitrators.". ::Jo;oro~~~: with 8. This Act shall come into force on the day upon which f~m~ng it is assented to. n 0 orce

FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL

An Act to amend The Water, Gas, Electric and Telephone Companies Act. Received and read the First time ....................... ;............ . .' Second tinle..................... . ................ . Third time .................................... . HON. DR. ROBINSON. Title: 1952 (11th, 5th) Bill 74,

An Act to amend The Water, Gas, Electric and Telephone Companies Act