Bill 115 — A Bill To Amend the Public Highways Act (Legislature 15, Session 2)

L15 S2 1556

Alberta — Bills

No. 115 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 115 A Bill to amend The Public Highways Act HON. MR. TAYLOR Printed by L. S. WALL, Printer to the Queen's Most ExceJlent Majesty, Edmonton, Alberta, 1965

Explanatory Note I. This Bill amends

chapter 257 of the Revised Statutes.

Section 47 deals with unauthorized erection of signs, struc tures, etc., on controlled highways and limited access highways and subsection (3) permits the Minister to direct the removal of an unauthorized structure. The amendment to subsection (3) will require the direction to contain a time for compliance but allows for possible extensions. The new subsection (5) makes it an offence to fail to comply with the direction. 3. S'ection 48, subsection (1) presently reads: 48.

(1) A person who (

a) is the, <?wner of any land upon which any sign, signboard or advertlsmg device is erected, maintained or displayed in con tl'aYention of any regulations mRde pursuant to this Act, or (

b) is the occupier of any such land, i Illm~~ia telY,upon recipt of a notice in writing signed by the Minister ]'eqUln.n~ hIm ,to do so, shall remove any such sign, signboard or adVertlsmg deVice.

BILL No. 115 of 1965

An Act to amend The Public Highways Act (Assented to , 1965) HER MAJE.STY:' by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta enacts as follows: ' 1. The Public Highways Act is hereby amended . .2.

Section 47 is amended (

a) as to subsection (3) by adding at the end thereof the words "within the time prescribed in the direc tion or any extension thereof allowed by the Min ister", (

b) by adding the following subsection after subsection (4) :

(5) A person who fails to comply with a direc tion made under subsection (3) within the time prescribed in it or any extension thereof is guilty of an offence in respect of each structure or drive way and is. liable on

summary conviction for each offence to a fine of not more than twenty-five dollars for each day during which default is made in complying with the direction.

Section 48 is amended by striking out subsection (1) and by substituting the following: 48.

(1) The Minister may direct the owner or occupier of any land to remove from the land so owned or occupied by him any sign, signboard or advertising device erected, maintained or displayed in contravention of the regulations within the time prescribed in the direction or any extension thereof allowed by the Minister.

(2) The direction shall be given by the Minister causing to be placed upon the sign, signboard or device or upon the land a notice in writing signed by him and directing the removal of the sign, signboard or device. (2a) A person who fails to comply with a direction made under subsection (1) within the time prescribed in it or any extension thereof is guilty of an offence in respect of each sign, signboard or advertising device not removed

4. The new

section 48a permits ~he Minister to. remove and, if necessary, demolish any unauthorIzed. structure In the event <?f non-compliance by the 0v.:n~r or Occupl'er of the land to remove It when required by the MInIster to do so..

Section 51, subsections (2) and (3) read:

(2) Upon a conviction for contravening any of the provISIOns of sections 45 to 50 or the regulations thereunder, the convicting magis trate or justice of the pea·ce shall order the person convicted to remove, within a period specified in the order, the thing in respect of which he is convicted; and if he fails to comply with the order within the period so fixed the person convicted is liable, on

summary conviction, to a further fine of not less than one dollar or more than twenty-five d.ollars for each day during which the breach of the order continues. (3 I Where a person convicted fails to comply with an order made under subsection (2) the Minister may cause the order to be carried out at the expense of the person in default, and the expense thereof may be recovered from that person as a debt due to Her Majesty. The procedure in these subsectio.ns will no. lo.nger be necessary in view of the new

section 48a. 6. Commencement of Act. 2

and is liable on

summary conviction for each offence to a fipe of ~ot more t~an twen~y-five do,IIars !or each day durIng WhICh default IS made In complYIng wIth the direc tion. 4. The following

section is added after

section 48: 48a.

(1) Where a direction made under subsection (3) of

section 47, or subsection (1) of

section 48 is not com plied with in whole or in part, the Minister may cause any structure, driveway, sign, signboard or device not removed in compliance with the direction to be removed to any place specified by the Minister.

(2) Officers and employees of the Department may enter upon the land on which the structure, driveway, sign, sign board or device is located together with any vehicles and equipment for the purpose of removing it in accordance with the Minister's instructions.

(3) The costs of the removal shall be borne by the person to whom the direction under

section 47 or 48 was given, and are recoverable as a debt due to the Crown.

(4) It is not necessary that any prosecution be com menced under subsection (5) of

section 47 or subsection (2a) of

section 48, as the case may be, before proceedings can be taken under this section.

Section 51 is amended by striking out ,subsections (2) and (3). 6. This Act comes into force on the day upon which it is assented to. 2

No. 115 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABETH II 1965 BILL

An Act to amend The Public Highways Act Received and read the First time ......................................... . Second time ....................................... . Third time. HON. MR. TAYLOR Title: 1965 (15th, 2nd) Bill 115,

An Act to amend The Public Highways Act

Document details

Collection	Alberta — Bills
Citation	L15 S2 1556
Type	bill
Volume / chapter	L15 S2 1556
Language	en
Format	json
Source	PROVINCIAL
Identifier	cd98f5c2a6f92e65ef974478ef5fe469ee9ec91e

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