Bill 111 — A Bill To Amend the Public Highways Act (Legislature 13, Session 3)

L13 S3 6347

Alberta — Bills

No. 111 3rd Session, 13th Legislature, Alberta 5 Elizabeth II, 1957 BILL 111 A Bill to amend The Public Highways Act HON. MR. TAYLOR EDMONTON,ALBERTA Printed by A. SHNITKA, Printer to the Queen's Most Excellent Majesty, 1957

Explanatory Note 2. Increased penalties are provided by this ame?dment f<?r per mitting or causing irrigation w.ater to escape mto a hIghway ditch or upon a highway. SubsectIOn (2) presently reads: "

(2) A person who contravenes the provisions of subsection (1) is guilty of an offence and liable on

summary conviction to a fine of not less than twenty-five dollars nor more than two hundred dollars, or in default of payment to imprisonment for a term of not less than ten days nor more than thirty days.". 3. This amendment results from consideration given to

section 22g (1) of The Public Highways Act as enacted by

chapter 67 of 1951, by the Law Amendment Committee at previous sessions of the Legislature.

Section 42, subsection (1) now reads: "42.

(1) No person who is the owner or occupant of land abutting on a highway shall for any purpose whatsoever construct or cause to be constructed within one hundred feet at right angles from the nearest boundary of the hig-hway a ditch or drain u])on his land. unless he has first obtained the written approval of the Minister to the construction of the ditch or drain.".

BILL No. 111 of 1957

An Act to amend The Public Highways Act (Assented to , 1957) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Public Highways Act, being

chapter 257 of the Revised Statutes of Alberta, 1955, is hereby amended.

Section 41 is amended by striking out subsection (2) and by substituting the following: "

(2) A person who contravenes any provision of sub section (1) is guilty of an offence and liable on

summary conviction "(

a) for a first offence to a fine of not less than twenty five dollars or more than two hundred dollars, " (

b) for a second offence to a fine of not less than two hundred dollars, and " (

c) for a third or subsequent offence to a fine of not less than five hundred dollars, and in default of payment to imprisonment for a term of not less than ten days or more than thirty days.".

Section 42 is amended by striking out subsection (1) and by substituting the following: "42.

(1) No owner or occupant of land abutting on a highway shall construct, maintain or operate, or cause to be constructed, maintained or operated, upon his land and within one hundred feet of the nearest boundary of the highway, any canal, lateral ditch or supply ditch or dis tributory ditch for any purpose whatsoever unless the owner or occupant has first obtained the approval of the Minister to the construction, maintenance or operation of the canal, lateral ditch, supply ditch or distributory ditch. (la) The approval may be given in writing by the Minister or may be given in writing on behalf of the Minister by any engineer of the Department performing departmental duties in the vicinity of the land.

"(lb) Subsection (1) does not apply to any field lateral used solely for distributing water over land.". 4. This Act comes into force on the day upon which the Revised Statutes of Alberta, 1955, come into force.

No. 111 THIRD SESSION THIRTEENTH LEGISLATURE 5 ELIZABETH II 1957 BILL

An Act to amend The Public Highways Act Received and read the First time ........................................ . Second time ............... . Third time ......................................... . HON. MR. TAYLOR Title: 1957 (13th, 3rd) Bill 111,

An Act to amend The Public Highways Act

Document details

Collection	Alberta — Bills
Citation	L13 S3 6347
Type	bill
Volume / chapter	L13 S3 6347
Language	en
Format	json
Source	PROVINCIAL
Identifier	b035d8cc76c5dbfbe568e9778e077f7715ed6507

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