Bill 47 (Legislature 12, Session 3)

L12 S3 6492

Alberta — Bills

Bill No. 47 of 1955 A BILL TO AMEND AND REPEAL CERTAIN PROVISIONS AND REFERENCES IN THE STATUTE LAW NOTE This Bill enacts

an Act to be called "The Statute Law Amendment Act, 1955". The Bill enacts in the one Act the statutory amendments that are of a simple nature and that do not involve extensive changes in the law. Sections 2 to 20, sections 33 and 35 of the Bill are necessitated by the revised Criminal Code, being

chapter 51 of the Satutes of Canada, 1953-54, which was assented to on June 26, 1954, and comes into force on the 1st of April, 1955. The references in Alberta Statutes to the Code and its sections, references and procedures will be out of date when the new Code comes into force, as the Code sections have been renumbered, procedures varied or dropped and references altered. The Bill brings the references in the Alberta Statutes in line with the new Code, by either chang ing the

section numbers or rewording the reference to fit the procedure or offences described and set out in the new Code. Se,ction 21 amends The Water Resources Act, being chap ter 65 of the Revised Statutes of Alberta.

Section 68, subsection (1), clause (

a) of The Water Resources Act pro vides that the Director of Water Resources has the status of a deputy to the Minister administering this Act. This provision is being removed. Subsection (2) requires that regulations be both published and tabled. The tabling re quirement is being removed. The report of the Department of Agriculture will now include the report of the Water Resources Branch.

Section 22 amends

section 73 of The St. Mary and Milk Rivers Development Act, 1950, being

chapter 68 of the Statutes of Alberta, 1950, by substituting the Minister charged with the administration of the Act for the'Lieu tenant Governor in Council as the person to whom the colonization manager has to submit his annual report.

Section 23 makes two amendments to The Public Service Act, 1954, being

chapter 86 of the Statutes of Alberta, 1954. Firstly, as the status of the Director of Water Resources is in consequence of the amendment to The Water Resources Act no longer to be that of a Deputy Minister that office is being removed from Division 1 of the Public Service. Secondly, se,ction 11. subsection (2) ,clause (b), subclause (iii) imposes upon the Public Service Commission the duty of preparing rules and regulations with respect to annual

ii vacations and sick leave. There is some conflict between this provision and

section 29, which authorizes the head of a Department to grant annual vacations, sick leave and leave in the case of pressing n~cessity, but makes no reference to the rules and regulations under

section

Section 29 is therefore being amended to make it clear that the exercise and the extent of the powers thereby given to a head of a Department aTe, so far as they relate to annual vacations and sick leave, subject to the rules and regulations under

section

Section 24 amends The Alberta Gas Trunk Line Company Act, being

chapter 37 of the Statutes of Alberta, 1954. A new

section 5a is added which declares that the liability of a shareholder in the company is limited to the amount unpaid on the stock held by the shareholder. This

section is retro active to the 8th day of April, 1954, the date The Alberta GatS Trunk Line Company Act came into force.

Section 25 amends The University Act, being

chapter 179 of the Revised Statutes of Alberta,

Section 61, sub section (2), clause (

p) of the Act is amended by adding the Association of Chartered Physiotherapists of Alberta to the list of associations with which the General Faculty Council must make arrangements for conducting examinations, and by deleting from the list the Alberta Teachers' Association and the Alberta Registered Music Teachers' Association, as these two associations do not hold examinations. The associa tions referred to in this clause are by virtue of

section 63 entitled to be represented on the Faculty Councils, except that an amendment to that

section now excludes the Alberta Registered Music Teachers' Association from such represen tation.

Section 26 amends The Water, Gas, Electric and Tele phone Companies Act, being

chapter 260 of the Revised Statutes of Alberta,

Section 27 provides that in certain cases land or an interest in land, the expropriation of which has been duly authorized, shall vest in a company under the Act upon the company filing in the appropriate land titles office a description or plan of the land that is signed by the president of the company and by the Minister of High ways. To avoid delay in cases where the signature of the president of the company cannot be readily qbtained, the

section is being amended to give power to 'the general manager of the company to sign the description or plan.

Section 27 amends

section 33, subsection (6) of The Agricultu'ral Societies Act, being

chapter 246 of the Revised Statutes of Alberta, 1942, to correct a reference.

Section 28 amends The Retirement Annuities Act, being

chapter 4 of the Statutes of Aberta,

Section 4 provides that a Canadian citizen who is eligible to purchase a retire ment annuity is one who has resided in the Province for not less than three years. The amendment is to make it clear that he must have resided in the Province for the three years immediately preceding his application for the retirement annuity.

iii

Section 29 amends The Railways and Telephones Depart ment Act, being

chapter 17 of the Revised Statutes of Alberta, 1942. As the Department of Railways and Tele phones has not been concerned with railways for some time past the Act is amended to delete the reference to railways from the titles of the Act, the Minister and the Department, and to abolish the office of Deputy Minister of Railways.

Section 30 amends The Lloydminster Hospital Act, being

chapter 19 of the Statutes of Alberta, 1948. In the descrip tion of the rural municipality of Wilton No. 472, as set out in

section 3 of the Act, e'rrors have been found which are now being corrected. The amendment is retroa'ctive to the date the Act came into force.

Section 31 amends The Public Utilitie8 Act, being

chapter 28 of the Revised Statutes of Alberta, 1942. Clause (

i) of

section 21 of that Act commands the Board of Public Utility Commissioners to administer The Securities Act and is struck out because of the new Securities Act being proposed at this session.

Section 53 is amended to enable the Board to discharge certain of its functions by making regulations instead of orders.

Section 70g is added and provides that where gas is purchased or acquired for consumption else where than in the Province, any contract with respect to that purchase or acquisition will not be varied by the Board of Public Utility Commissioners.

Section 32 amends The Public Service Vehicles Act, being

chapter 276 of the Revised Statutes of Alberta, 1942.

Section Sa is amended to enable the Special Areas Board as well as the council of a municipal district to bar the use of public service and commercial vehicles on a highway, or impose a maximum speed or weight -in order to preserve the highway.

Section 31 is amended to permit passengers to be carried in the cabs of farm trucks.

Section 42, which provides that the drivers of public service and commercial vehicles must halt before traversing a level crossing, is repealed as that provision is by an amendment to The Vehicles and Highway Traffic Act to be included in that Act.

Section 65 is amended to increase the penalties for driving with weights over the maximum weights allowed.

Section 34 repeals The Companies Infor'mation Act.

Section 36 amends The Pipe Line Act, 1952, being

chapter 67 of the Statutes of Alberta,

Section 7a is added and

section 18 is repealed to remove an administrative difficulty arising as a result of a deficiency in the Act, where it deals with rights of way over highways and roads. Sec tion 33a is 'added to expressly give the power to require the placing of vent pipes in pipe lines. The Minister may now require such pipes.

Section 37 amends The Alberta Insurance Act,

section 274 and subsection (2,) of

section 276b.

Section 274, which sets out the exceptions to liability of an insurer 011 auto mobile policies, is amended to clarify the situation with

iv respect to equipment on the motor vehicle. Equipment on the vehicle of the nature of apparatus for lifting, welding, etc., causes the difficulty and the amendment provides that such is within the cover of the policy unless it is excluded by an endorsement approved by the Superinten dent of Insurance.

Section 267b, subsection (2), which relates to first loss insurance is amended to make the insur ance coverage on the vehicle involved in the loss the first loss insurance, and other insurance, such as driver's in surance, excess insurance. This amendment is required as in practice the opposite rule was causing higher rates and inaccurate statistics. These amendments will be proclaimed in force simultaneously in all the provinces of Canada.

Section 38 amends The Mental Diseases Act, being chap- 192 of the Revised Statutes of Alberta,

Section 9, subsection (1) is amended to make it clear that a magistrate who has found a person to be mentally diseased and dan gerous to be at large may commit him to the custody of a mental diseases hospital as an alternative to committing him to the nearest gaol, if in the opinion of the magistrate .he should not be committed to gaol. Except as otherwise provided, this Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 47 of 1955

An Act to amend and repeal Certain Provisions and References in the Statute Law (Assented to , 1955) HER MAJESTY, 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 Statute Law Amend-

Short title ment Act, 1955."

Section 147 of The Alberta Election Act, being

chapter Albertct 5 of the Revised Statutes of Alberta, 1942, is amended by ~!~~f~C;:\17t striking out the words and numerals "sitting and acting as a justi,ce of the peace under the provisions of

Part XV of The" and by substituting the words and numerals "sitting and acting as a

summary conviction court under the pro- visions of

Part XXIV of the".

Section 14! subsections (5) and (6) of The Child W~lfclre Act Welfare Act, beIng

chapter 8 of the Statutes of Alberta,

section 14 1944, is amended by striking out the words and numerals "Part XV of The" and by stubstituting the words and numerals "Part XXIV of the".

Section 20, subsection (2) of The Coroners Act, being 1o~oners

chapter 10 of the Statutes of Alberta, 1945, is amended by s~ction 20 striking out the words and numerals "Part XV of The Criminal Code of Canada" and by substituting the words and numerals "Part XXIV of ·the Criminal Code".

Section 52 of The District Courts Act, being

chapter g~~f;l;tAct 121 of the Revised Statutes of Alberta, 1942, is struck out

section 52' and the following is substituted: "52.

(1) The judge of every District Court, or any 9our~ of judge of the Supreme Court performing the duties of a lecor District Court judge in any distri,ct, is hereby constituted a court of record for the trial at any time anp without a jury of any person for any of the offences mentioned in the Criminal Code as being within the jurisdictiori of the District Court in Alberta. "

(2) The court so constituted has the powers and duties that the Criminal Code purports to give to District Courts in Alberta, so far as the Legislature of this Province can confer the same.".

2 Domestic 6. The Domestic Relations Act, being

chapter 300 of the Relations • • d d Act, sections ReVISed Statutes of Alberta, 1942, IS amen e 26.27 and 30 (

a) as to

section 26, subsection (3), ,clause (

a) by Family Oourt Act,

section 4 Fines and Penaltie.s Act, sections 2. 3 and 4 Fire Pre vention Act, sections 13 and 17 striking out the words and numerals "Part XV of The" and by substituting the words and numerals "Part XXIV of the", (

b) as to

section 27, subsection (4) by striking out the words and numerals "Part XV of The" and by substituting the words and numerals "Part XXIV of the", (

c) as to

section 30, subsection (1) by striking out the words and numerals "Part XV and

Part XXII of The" and by substituting the words and numerals "Part XXIII and

Part XXIV of the".

Section 4 of The Family Coort Act, being

chapter 32 of the Statutes of Alberta, 1952, is amended (

a) by striking out clause (d), (

b) by striking out clause (

e) and by substituting the following: " (

e) any charge under paragraph (

a) of subsection (2) of

section 186 of the Criminal Code and triable on

summary conviction.", (

c) as to clause (

f) by striking out the words and fig ures "section 291 of the Criminal Code 01 Canada" and by substituting the words and figures "para graph (

b) of subsection (1) of

section 231 of the Criminal Code". 8. The Fines and Penalties Act, being

chapter 126 of the Revised Statutes of Alberta, 1942, is amended (

a) as to

section 2 by striking out the words and numer als "Part XV of The" and by substituting the words and numerals "Part XXIV of the", (

b) as to

section 3 by striking out the numerals "XV" and by ~ubstituting the numerals "XXIV;', (

c) as to

section 4 by striking out the numerals "XV" and by substituting the numerals "XXIV". 9. The Fire Prevention Act, being

chapter 266 of the Revised Statutes of Alberta, 1942, is amended (

a) as to

section 13, subsection (3) by striking out the words "The Criminal Code of Canada" and by substituting the words "the Criminal Code". (

b) as to

section 17 by striking out the words and numerals "Part XV of The Criminal Code of Canada" and by substituting the words and numer als "Part XXIV of the Criminal Code". Improvement 10 The Improvement Districts Stray Animals Act being Districts • , it:~al8 Act

chapter 60 of the Statutes of Alberta, 1953, is amended ~OCti0ds 16, (

a) as to se'ction 16, subsection (1), clause (

b) by an 41 striking out the word "until",

3 (

b) as to

section 30, subsection (4) by striking out the numerals "XV", wherever they occur, and by sub stituting the numerals "XXIV", (

c) as to

section 41, subsection (1) by striking out the numerals "XV" and by substituting the numerals "XXIV".

Section 48 of The Legal Profession Act, being chap- Legal Pro ter 294 of the Revised Statutes of Alberta, 1942, is amended ':~1~~ tit, by striking out the words "The Criminal Code of Canada" and by substituting the words "the Criminal Code".

Section 9 of The Licensing of Trades and Businesses Licensing 9/ Act, being

chapter 313 of the Revised Statutes of Alberta, 1~~fne:s8~~d 1942, is amended by striking out the words "The Criminal Actti 9 COlde of Canada" and by substituting the words "the sec on Criminal Code".

Section 203, subsection (2) of The Liquor Control Liquor aon~ Act, being

chapter 67 of the Statutes of Alberta, 1953, is ~~~i:;t203 amended by striking out the numerals "XV" and by substi- tuting the numerals "XXIV".

Section 35, clause (

b) of The Medical Profession Act, Medical Pro being

chapter 295 of the Revised Statutes of Alberta, 1942, ~ee8::i~':t 15t, is amended by striking out the words "The Criminal Co\de of Canada" and by substituting the words "the Criminal Code". 15. The Police Act, being

chapter 90 of the Statutes of Poli~e Act, Alberta, 1953, is amended ~~c~~~s 21o. (

a) as to

section 10, subsection (2) by striking out the figures "770" and by substituting the figures "744", (

b) as to

section 13 by striking out the numerals "XV" and by substituting the numerals "XXIV", (

c) as to

section 21 by striking out the numerals "XV" and by substituting the numerals "XXIV". 16. The Private Detectives Act, being charlter 14 of the Prit~ate DAe-t St . tec wes c, atutes of Alberta, 1948, IS amended sections 3 (

a) as to

section 3, clause (

a) by striking out the words and 9 Hof Canada". (

b) as to

section 9, subsection (1) by striking out the words Hof Canada".

Section 12, subsection (1), clause (

a) of The Real ~eal t~8tt~e Estate Agents' Lice1U3ing Act, being

chapter 15 of the c!n~1ng A~t Statutes of Alberta, 1947, is amended by striking out the

section 12 word" (Canada)".

Section 2, clause (

c) of The Slot Machine Act, 1954 ~lot hi At being

chapter 99 of the Statutes of Alberta, 1954, is amended s~fio~t62 c, by striking out subclause (ii) and by substituting the following:

Solemniza tion of Marriage Act,

Schedule Venej'eal Diseases P1'evention Act,

section 4 Water Re SOttrces Act,

section 68 St. Mary and lIfilk Rivers Develppment Act,

section 73 4 H (ii) does not include any automatic machine or slot machine that is defined under

section 170 of the Criminal Code as a slot machine.". 19. The note to Form E in the

Schedule of The Solem nization of Marriage Act, being ·chapter 303 of the Revis~d Statutes of Alberta, 1942, is amended by striking out the words and figures" (By

section 174 of the Criminal Cdde of Canada perjury is an indictable offence punishable by four teen years' imprisonment)" and by substituting the words " (A false assertion in an affdavit required by law may make a person liable for imprisonment for a term of fourteen years) ". 20. Se,ction 4, subsection (1) of The Venereal Diseases Prevention Act, being

chapter 196 of the Revised Statutes of Alberta, 1942, is amended by striking out clause (

a) and by substituting the following: "(

a) if a person is under arrest or in custody on a charge of having committed an offence under any of the following sections of the Criminal Code, " (i) subsection (1) of

section 182, "(ii) paragraph (

a) or (

b) of subsection (2) of

section 182, "(iii) paragraph (

c) of subsection (1) of

section 164, or "(iv) paragraph (

d) of subsection (1) of

section 164 .by reason of living on the avails of prostitution, then the justice shall order that the person in arrest or custody be physically examined by a medical practitioner appointed by the justice and in the manner and to the extent prescribed by the regula tions and at such place as may be directed by the justice." . 21. The Water Resources Act, being

chapter 65 of the Revised Statutes of Alberta, 1942, is amended as to

section 68 (

a) by striking out the words "who shall for such pur poses have the same powers and duties as if he had been appointed the deputy of the Minister," where they occur in clause (

a) of subsection (1), (-

b) by striking out the words "and all such orders and regulations shall be laid before the Legislative Assembly within fifteen days after the opening of the session next after the date of publication" where they occur in subsection (2).

Section 73 of The St. Mary and Milk Rivers Develop ment Act, 1950, being

chapter 68 of the Statutes of Alberta, 1950, is amended by striking out the words "Lieutenant Governor in Council" and by substituting the word "Minister" .

5 23. The Public Service Act, 1954, being ehapter 86 of the rubl!O A t Statutes of Alberta, 1954, is amended 1~~4:oe C J (

a) as to

section 6, subsection (1), clause (

a) by strik- ~~<;ii2~S 6 ing out the words "the Director of Water Re- sources," , (

b) by striking out

section 29 and by substituting the following: "2H. The head of a Department Vacations, sick leave "(

a) may, subjeet to rules and regulations made ~g~e~~:ve of under

section 11, grant "(

i) annual vacation not exceeding three weeks' duration to each employee in the Depart ment, "(ii) sick leave not exceeding twelve months to an employee in the Department, "(

b) may grant extended leave of absence not ex ceeding twelve months to an employee in the Department in the case of pressing necessity,", 24.

(1) The Alberta Gas Trunk Line Company Act, *~~e;;ka~~! being

chapter 37 of the Statutes of Alberta, 1954, is amended ~Orpany by adding immediately after

section 5 the following new s~ction 5a section: "5 Th I' b'l't f h h Id ' th ' Liability of a. e Ia I I Y 0 a s are o· er In e company IS s~a~eholder limited to the amount, if any, unpaid on the shares respec- l1mlted tivelly held by him,",

(2) Upon the coming into force of this

section it shall be ~~~iflrce deemed to have been in force at all times on and after the eighth day of April, 1954, 25. The University Act, being

chapter 179 of the Revised statutes of Alberta, 1942, is amended (

a) as to

section 61, subsection (2), clause (p), (

i) by striking out subclause (xi) and by substitut ing the following: "(xi) the Association of Chartered Physio therapists of Alberta;", (ii) by striking out subclause (xii), (iii) by renumbering subclause (xiii) as subclause (xii) , (

b) as to

section 63 by adding at the end thereof the words "and of the Alberta Teachers' Association", UniversUy Aot sections 61 and 63

Section 27 of The Water, Gas, Electric and Tele- :'t::ic ~ phone Companies Act, being

chapter 260 of the Revised Telephon:e Statutes of Alberta, 1942, is amended by adding im- ~~t~paMe8 mediately after the word "president" the words "or general

section 27 manager".

Section 33 of The Agricultural Societies Act, being :gj1C;fltUJia~

chapter 246 of the Revised Statutes of Alberta, 1942, is s~g~fo~e833 c J amended

Retirement Annuities Act,

section 4 Railways and Telephones Departmewt Act 6 (

a) as to subsection (6) by striking out the words "paragraphs (b), (c), (d), (e), (/) and (g)" and by substituting the words "clause (

b) of subsection (2)", (

b) as to subsection (6) by adding at the end thereof the words ", unless the Minister otherwise directs".

Section 4 of The Retirement Annuities Act, being

chapter 4 of the Statutes of Alberta, 1951, is amended by striking out the words "not less than three years" and by substituting the words "the three years immediately pre ceding application". 29.

(1) The Railways and Telephones Department Act, being

chapter 17 of the Revised Statutes of Alberta, 1942, is amended (

a) as to the

long title by striking out the words "Rail ways and", (

b) as to

section 1 by striking out the words "Rail ways and", (

c) as to

section 2 by striking out the words "Railways and", wherever they occur, (

d) as to

section 3 (

i) by striking out the words "a Deputy Minister of Railways and", where they occur in subsec (1), (ii) by striking out the word "their", where it occurs in subsection (1), and by substituting the word "his", (iii) by striking out the word "Each", where it occurs in subsectiQn (2), and by substituting the word "The".

(2) A reference in any Act, regulatiQn or Qrder to' The Railways and Telephones Department Act, to the Minister Qf Railways and TelephQnes, or to' the Department of Rail ways and TelephQnes, shall be deemed to' be a reference to' The Telephones Departrnent Act, the Minister Qf Tele phQnes, Qr the Department Qf TelephQnes, respectively. 110Y~~1n.ite[ 30.

(1) SectiQn 3 Qf The Lloydminster Hospital Act, se~~f~: 3 c I being

chapter 19 of the Statutes Qf Alberta, 1948, is amended by striking out the wQrds and figures "All Qf tQwnships 46, 47, 48 and 49 and that PQrtiQn of tQwnship 45, nQrth of the Battle River, all in range 27, west Qf the third meridian in the rural municipality of WiltQn No. 472. AlsO' all Qf tQwnships 47, 48 and 49 and that PQrtiQn Qf tQwn ships 45 and 46, north Qf the Battle River, all in 'range 26, west Qf the third meridian.

AlsO' the east half Qf tQwnship 49, range 26, west of the third meridian" and by substitut ing the wQrds and figures "All Qf tQwnships 46, 47, 48 and 49 and that PQrtion of township 45, nQrth Qf the Battle River, all in range 28, west Qf the third meridian in the rural municipality Qf WiltQn NO'. 472. AlsO' all Qf tQwnships

7 47, 48 and 49 and that portion of townships 45 and 46, north of the Battle River, all in range 27, west of the third meridian. Also the west half of township 49, range 26, west of the third meridian".

(2) Upon the coming into force of this

section subsection ,Coming (1) shall be deemed to have been in force at all times on mto force and after the fifteenth day of April, 1948. 31. The Public Utilities Act, being

chapter 28 of the Pttblic Revised Statutes of Alberta, 1942, is amended f:~t1~~~ Act, (

a) as to

section 21 by striking out clause (i), 21, 70g (

b) as to

section 53 (

i) by adding immediately after the words "any order", where they occur in subsection (6), the words "or regulation", (ii) by adding immediately after the words "any order", where they occur in subsection (7), the words "or regulation", (iii) by adding immediately after the words "of orders", where they occur in subsection (9), the words "and regulations", (iv) by adding immediately after the words "Every order", where they occur in subsection (10), the words "and regulation", (

c) by adding immediately after

section 701 the follow ing new section: "70g A contract or other arrangement heretofore Contract •• under Gas or hereafter made, WIth -respect to the purchase or Resources "t· ft' t b d f Preserva-acquIsI IOn 0 proper y In gas o· e remove rom tion Act the Province for use or consumption elsewhere than within the Province, between the owner or producer of any gas or the owner or operator of any absorp- tion or gas processing plant and a person who has obtained a permit for the removal of such gas from the Province pursuant to the provisions of The Gas Resources Preservation Act shall not be changed or varied by the Board, either as to prices or other- wise.". 32-.

The Public Service Vehicles Act, being

chapter 276 of ~:r~fge . the Revised Stautes of Alberta, 1942, is amended Vehicles Act, • sections Set, (

a) as to

sectIon 8a 31, 42 and 65 (

i) by adding immediately after the words "munici- pal district", where they occur in subsection (1), the words "or the Special Areas Board", (ii) by adding immediately after the word "coun cil", where it occurs in clauses (a), (

b) and (

c) of subsection (1), the words "or the Special Areas Board", (iii) by adding immediately after the word "coun cil", wherever it occurs in subsection (2), the words "or the Special Areas Board",

Summary Conviotions Aot, sections 5. 7 and 16 COmlJanies Information Act repealed 8 (

b) as to

section 31, subsection (1), by adding immedi.,. ately after clause (

d) the following new clause: "(

e) in the cab of a truck generally operated by a farmer for the purposes of his farm.", (

c) by striking out

section 42, (

d) as to

section 65 (

i) by striking out the words "or maximum weight", where they occur in subsection (4), (ii) by adding immediately after subsection (4) the following new subsection: " (4a) Any person who violates any provision of this Act in respect of maximum weight or any regulation in respect thereof is guilty of an offence and liable on

summary conviction, "(

a) if the maximum weight of the vehicle in respect of which the offence was committed is less than twenty thousand pounds, "(

i) to a fine of not less than twenty dollars and costs nor more than fifty dollars and costs, for a first offence, "(ii) to a fine of not less than fifty dollars and costs nor more than cne hundred dollars and costs, for a second offence, and "(iii) to a fine of not less than one hundred dollars and costs nor more than two hundred dollars and costs, or to have his license suspended, for a third or subsequent offence, or "(

b) if the maximum weight of the vehicle in respect of which the offence was commit ted is twenty thousand pounds or greater, to a penalty of three cents a pound for each pound the vehicle and load is in excess of the lawful maximum weight.". 33. The

Summary Convictions Act, being

chapter 147 of the Revised Statutes of Alberta, 1942, is amended (

a) as to

section 5 by striking out the words uCriminal Code of Canada" and by substituting the words "Criminal Code", (

b) as to

section 7, subse'ctions (1) and (2) by striking out the figures and words "770 of the Criminal Code of Canada" and by substituting the figures and words "744 of the Criminal Code", (

c) as to

section 16, subsection (2) by striking out the figures and word "1012 and 1013" and by substitut ing the figures and word "581 to 592". 34. The Companies Infornwtion Act, being

chapter 242 of the Revised Statutes of Alberta, 1942, is hereby repealed.

Section 17, subsection (15) of The Alberta Chartered ~kbe~ta. d Accountants Act, being

chapter 286 of the Revised Statutes Ao~~u~:t~nt8 of Alberta, 1942, is amended by striking out the words "The :eo;{ion 17 Criminal Code of Canada" and by substituting the words "the Cri1ninal Code". 36. The Pipe Line Act,. 1952, being

chapter 67 of the ~!ft: Line Statutes of Alberta, 1952, IS amended sections 7a, (

a) by adding immediately after

section 7 the following 18 and 33a new section: "7a.

(1) Any permit heretofore or hereafter Righ~Stt of t d d t · 7 b . t t perml ee gran e un er sec IOn may, su Jec 0 any con- ditions prescribed by the Minister, grant the right to the permittee to construct, maintain and oper ate the pipe line on, across, over or under any roads, road allowances, streets, lanes and public highways vested in Her Majesty in right of the Province of Alberta. "

(2) The provisions of this Act with respect to the taking and appropriation of land held by Her Majesty in right of the Province of Alberta do not apply in the case of roads, road allowances, streets, lanes and public highways vested in Her Majesty in right of the Province of Alberta. " (3) '\There any right is granted to a permittee to construct, maintain and operate a pipe line on, across, over or under any road, road allowance, street, lane or public highway, the permittee shall take care to preserve, as far as may be, a free and uninterrupted passage to and over the road, road allowance, street, lane or public highway dur ing construction and maintenance of the pipe line.", (

b) by striking out

section 18, (

c) by adding immediately after

section 33 the follow ing new section: "33a. The Minister may, by order in a par- Vent pipes ticular case or by general regulations, prescribe the placing of vent pipes in a pipe line at such loca- tions, in such manner and of such kind as the Minister TI1ay determine.". 37. ~he Alberta, Insurance Act, b~ing

chapter 201 of i~~~~~lce the ReVIsed Statutes of Alberta, 1942, IS amended Aot" ( . b dd' . d' tIft sectiOns

a) as to

sectIOn 274 y a Ing Imme 1a e y a er 274 and 27Gb clause (

f) the following: "or, where the coverage is expressly excluded by an endorsement approved by the Superintendent: "(

g) for loss or damage arising from the owner ship, use or operation of any machinery or apparatus, including its equipment. mounted on or attached to the automobile with a sep arate power or heating unit, while at the site of the use or operation of such machinery or appar,atus." ,

MentaZ Diseases Act,

section 9 Coming into force 10 (

b) as to

section 276b by striking out subsection (2) and by substituting the following: "

(2) Insurance under a valid owner's policy shall, as respects the liability arising froOm the ownership, use or operation of the automobile specifically described in the policy, be a first loss insurance, and insurance 'attaching under any other valid motor vehicle policy shall be excess insurance only.".

Section 9, subsection (1) of The Mental Diseases Act, being

chapter 192 of the Revised Statutes of Alberta, 1942, is amended by adding immediately after the words "to the custody of" the words "a hospital or". 39.

(1) This Act, except sections 2 to 20. inclusive,

section 33,

section 35 and

section 37 thereof, comes into force on the day upon which it is assented to.

(2) Sections 2 to 20 inclusive,

section 33 and

section 35 come into force on the first day of April, 1955.

(3) Section 37 shall come into force upon a date to be fixed by Proclamation of the Lieutenant Governor in Council.

THIRD SESSION TWELFTH LEGISLATURE 4 ELIZABETH II 1955 BILL

An Act to amend and repeal Certain Provisions and References in the statute Law Received and read the First time ..... Second time ...................................... . Third time ..... HON. MR. MAYNARD Title: 1955 (12th, 3rd) Bill 47,

An Act to amend and repeal Certain Provisions and References in the Statute Law

Document details

Collection	Alberta — Bills
Citation	L12 S3 6492
Type	bill
Volume / chapter	L12 S3 6492
Language	en
Format	json
Source	PROVINCIAL
Identifier	c108f2622b5067ee273e6ef82977249e96a4705b

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