Bill 85 — A Bill Respecting the Department of Highways (Legislature 15, Session 2)

L15 S2 1525

Alberta — Bills

No. 85 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 85 A Bill respecting the Department of Highways HON. MR. TAYLOR Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1965

Explanatory Note I. This Bill will revise The Highways Department Act (chapter 140 of the Revised Statutes). A number of obsolete and redun dant provisions are omitted. Some provisions are being moved to the proposed new Public Works Act. The s'ection references in the explanatory notes are to the equivalent provisions in the present Act. 2.

Definitions. 3. The present

section 3 revised. 4. The present

section 5 revised. 5. The present

section 6 (1) in part, revised. 6. The balance of the present

section 6 and

section 6a revised.

BILL No. 85 of 196'5

An Act respecting the Department of Highways (Assented to , 1965) HER MAJE.ST~, 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 Department of High ways Act". 2. In this Act, (a) "highway" includes (

i) every public highway, road allowance, thor oughfare, public travelled road, trail or other way vested in Her Majesty in right of Alberta, and (ii) every bridge, culvert, drain, ditch or other accessory to a highway constructed or erected thereon, thereunder or adj acent thereto or used and enjoyed therewith; (b) "Minister" means the Minister of Highways. ,3.

There shall be a department of the public service of the Province ·called the Department of Highway,s over whkh shall preside the member of the Executive Council appointed by the Lieutenant Governor under the Seal of the Province as Minister of Highways. 4. Subject to The Public Service Act, 1962, there may be appointed a Deputy Minister of Highways and such other employees as are required for the proper conduct of the busine,ss of the Department. 5. Except as provided in any other Act, the Minister shall administer all public lands that are held, used or occupied for highways or for purposes ancillary thereto.

H.

(1) The Minister, in his discretion, may sell, lease or otherwise dispose of any public land under his jurisdiction that is no longer required for a public work.

(2) Where machinery, equipment, stock or material not acqui:ved by purchase out of the stock advance fund is no

7. The present

section 14, subsection (3) revised. 8. The present

section 10 with the total of the fund increased from '$9,500,000 to $10,000,000 in subsection (3) and with the advances under subsection (4) increased from $200,000 to $500,000 and $50,000 to $100,000. 9. The present

section 11. 2

I~nger requ~r,ed, the Minister may sell, lease or otherwise dIspose of It on such ter~s and conditions as he deems proper and the proceeds, If any, of the sale or disposition form part of the General Revenue Fund.

(3) When practicable, property mentioned in this

section shall be sold, leased or otherwise disposed of by tender or by public auction.

(4) A lease or disposition of a mine or mineral shall be made pursuant to The Mines and Minerals Act, 1962. 7 • The design, construction, alteration, repair or main tenance of a highway for which the Minister is responsible may be done ·either (

a) by employees in the Department of Highways, or (

b) by any other persons under contract or commis sion, where the Minister is of the opinion that (

i) from the nature of the work, it can be executed more expeditiously or economically in that m'an ner, or (ii) it is desirable or ·expedient to so do it. 8. (1 ) The Minister shall establish and administer a stock advance fund for the Department of Highways.

(2) The Provincial Treasurer upon the requisition of the Minister may make advances from the General Revenue Fund to the stock advance fund of such sums as the Minister may requir·e to pay for land, machinery, equipment, stock or material required by the Department.

(3) The net amount of the advances at any time shall not exceed ten million dollars.

(4) The Provincial Treasurer shall not make advances to the stock advance fund for the purchase of land in excess of five hundred thousand dollars in anyone year, nor shall more than one hundred thousand dollars be advanced for the payment of anyone parcel of land. 9.

(1) Where land, machinery, equipment, stock or ma terial is purchased for and delivered to a particular depart ment, branch or service, the Minister may ~harge the value thereof to that department, branch or servIce.

(2) Where land, machinery, equipment, Istock or material is purchased out of the stock advance fund for use by one or more departments, branches or services, and the value thereof is charged to and retained by the stock advance fund, the Minister may charge a fair rent f.or i~s .use to the depart ment, branch or service by or for whIch It IS used.

(3) Where land machinery, equipment, stock or material purchased out of the stock advance fun~ is l}o longer re quired the Minister may sell or otherwIse dIspose of the same ~n such terms and conditions as the Minister con siders proper. 2

10. The present

section 12. I I. The pres'ent

section 23. 12. Repeal ·of present Act. 13. Commencement of Act. 3

(4) The amount of (

a) each charge made by the Minister under subsections (1) and (2) ,and (

b) the proceeds of a sale or disposition made under subsection (3), shall be credited in reduction of the amount of the advances made by the Provincial Trea,surer to the stock advance fund. 10.

(1) On or before the fifteenth day of June in each year, the Minister shall cause to be prepared and submitted to the Provincial Auditor for certification the operating account and the balance sheet covering operations of the stock advance fund for the immediately preceding fiscal year.

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

(3) The Lieutenant Governor in Council by order may transfer to the General Revenue Fund a profit arising from the operations of the year as shown by the statement,s cer tified by the Provincial Auditor.

(4) If a deficit has occurred 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. 11.

(1) The Minister shall make and submit to the Lieu tenant Governor in Council an annual report on the oper ation of his Department.

(2) The report shall (

a) be laid before the Legislative Assembly wit~in fifteen days after the commencement of the ~esSlOn next following the end of the year for WhICh the report is made, and (

b) contain such information as may be required to enable the Legislative Assembly to judge the work ing of the Department of Highways. 12. This Act repeals and replaces The Highways Depart ment Act. 1:3. This Act comes into force on the day upon which it is assented to. 3

No. ~5 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABETH II 1965 BILL

An Act respectIng the Department of Highways Received and read the First time ......................................... . 'Second time ....................................... . Third time. HON. MR. TAYLOR Title: 1965 (15th, 2nd) Bill 85,

An Act respecting the Department of Highways

Document details

Collection	Alberta — Bills
Citation	L15 S2 1525
Type	bill
Volume / chapter	L15 S2 1525
Language	en
Format	json
Source	PROVINCIAL
Identifier	af997aa3605e1d0eff6ce7426edba66d7aa4a551

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