Bill 19 — Third Session, 18Th Legislature, 26 Elizabeth Ii the Legislative Assembly of Albert A Bill 19 the Public Highways Development Amendment Act, 1977 (Legislature 18, Session 3)

L18 S3 5721

Alberta — Bills

1977 BILL 19 Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERT A BILL 19 THE PUBLIC HIGHWAYS DEVELOPMENT AMENDMENT ACT, 1977 MR. HANSEN First Reading ............................................ . Second Reading .......................................... . Third Reading ........................................... . Printed by the Queen's Printer ror the Province or Alberta, EDMONTON

Bill 19 Mr. Hansen BILL 19 1977 THE PUBLIC HIGHWAYS DEVELOPMENT AMENDMENT ACT, 1977 (Assented to ,1977) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Public Highways Development Act is hereby amended.

Section 2 is amended (

a) by striking out clause (a), and (

b) by adding after clause (

g) the following clause: (g.}) "forestry road" means a road designated as a forestry road by the Minister~ 3. Sections 9 and 10 are struck out. 1

Explanatory Notes 1. This Bill will amend

chapter 295 of the Revised Statutes of Alberta 1970. 2.

Definitions.

Section 2, clause (

a) reads: 2. In this Act, (a) "Board" means the Secondmy Roads Board; 3. Sections 9 and 10 presently read: 9. (

I) The Minister may establish a SecondalY Roads Board composed of (

a) a Deputy Minister ./01' the Department of Transportation designated by the Minister oj Transportation, (

b) two employees of the Department appointed by the Minister, and (

c) one representative Fom the rural municipalities oj the Province appointed by the Minister.

(2) The representative of the rural municipalities shall receive such remunera tion as the Minister prescribes.

(3) The Board may request any representative of a rural municipality appointed by the council to attend a Board meeting and the Minister may reimburse that person his reasonable expenses in attending the meeting.

(4) The Deputy Minister shall be chairman of the Board and may designate one oJthe members as vice-chairman. 1

Section 11 is amended by adding the word "and" at the end of clause (

j) and by striking out clause (g).

Section 12 is amended (

a) as to subsection (1) by striking out the word "Board" and by substituting therefor the word "Minister", and (

b) as to subsection (3) by striking out the words "and the town or village is entitled to be notified of and be represented at any proceedings before the Board at which the rural municipality is entitled to be represented" .

Section 13 is struck out.

Section 14 is struck out and the following

section is substituted therefor: 14. The Minister shall consider the plan and may (

a) disapprove it, or (

b) approve it in whole or in part, and the plan or part thereof approved by the Minister is the approved plan. 2

10. The Board shall (

a) co-ordinate the establishment of a secondalY roads system in the Prov ince, and (

b) advise the Minister in matters qf policy with respect to the secondalY roads system.

Section 11, cia use (

g) reads: 11. The Minister may rnake regulations providingj'or (f?) procedures pertaining to applications to the Board, and the conduct qf business at Board meetings, and

Section 12, subsection (3) presently reads:

(3) Where a system qf secondGlY roads in the plan includes a street within a town or village, the rural municipality shall supply the town or village with a copy qf the plan and the town or village is entitled to be notified qf and be represented at any proceedings before the Board at which the rural municipali(v is entitled to be represented.

Section 13 reads: 13. (

j) The Board shall consider the plan and may approve it in whole or in part or disapprove it in its entirety.

(2) Where the Board approves the plan in part or disapproves the plan, it may recommend to the rural municipality any changes the Board considers necessalY and the rural municipality may submit a revised plan.

(3) When the Board approves the initial plan or any revised plan, the Board shall submit it to the Ministerfor his approval.

Section 14 presently reads: 14. The Minister may disapprove the plan or approve the plan in whole or in part and where the Minister approves it in part, the part approved is, for the purposes qf this Act. the approved plan. 2

Section 15 is struck out.

Section 16 is amended by striking out the word "Board" and by substituting therefor the word "Minister".

Section 22 is amended by striking out the word "and" at the end of clause (

b) and by adding ajter clause (

c) the .following clauses: (

d) forestry roads, and (

e) secondary roads numbered in the 900 series that the Minister by order designates as being under his direc tion, control and management.

Section 26, subsection (J), clause (d), subclause 0) is amended by adding immediately preceding the word "placing" the word "developing," .

Section 48, subsection (

J) is amended by striking out the words "Subject to the regulations, the Minister may" and by substitut ing therefor the words "The Minister may". 3

Section 15 reads: 15. (

I) Where a plan has been approved by the Minister, the rural municipality may submit to the Board a plan for addition, alteration or deletion 0./ seconda/y roads in the system shown on the existing approved plan.

(2) A n application to the Board under subsection (

J) shall be dealt with in the same manner as an application in the./irst instance. 9. Consequential amendment.

Section 22 presently reads: 22. The Minister has the direction, control and management 0./ (

a) roads within improvement districts, other than roads under the adminis tration 0./ another member 0./ the Executive Council, (

b) highways through Indian reserves, the title to which is vested in the Crown in right 0./ Alberta and that are not the sUQject 0./ an agreement with a rural municipality under

section 18, and (

c) highways in cities where the title to the highway is vested in the Crown in right o./Alberta pursuant to

section 21.

Section 26, subsection (1), clause (

d) presently reads: 26. (

J) The Minister may make regulations (

d) prohibiting, except under the authority 0./ a permit, (

i) the placing, constructing, enlarging, extending or erecting or re erecting of a building, structure, .fixture, road, airstrip, excavation or other development, whether on, above or below ground, and (iiJ the display 0./ machine/y, motor vehicles, or other articles, wheth er placed./or storage or wrecking or./or the purposes o./advertising or sale, within such distance Fom a controlled highway as the regulations may prescribe,

Section 48, subsection (1) presently reads: 48. (

J) Subject to the regulations, the Minister may by order close the whole or any portion 0./ a highway the title to which is vested in the Crown in right 0./ A Iberta and may re-open any highway or portion thereo./'so closed. 3

Section 53 is amended (

a) as to subsection (

j) by adding after the word "highway" the words "or may enter into an agreement with any person for the construction or maintenance of a bridge", and (

b) as to subsection (2) (

i) by adding after the word "construction" the words "or maintenance" , and (iiJ by striking out the words "or drainage district" in clauses (

b) and (

c) and by substituting therefor the words", drainage district or other person".

Section 55, clause (

d) is amended by striking out the words "closing and". 15. This Act comes into force on the day upon which it is assented to. 4

13. This amendment will clarify the Minister's right to contract with companies and individuals for bridge construction or maintenance.

Section 53, subsections (1) and (2) presently read: 53. (

J) Notwithstanding any other provision of this Act, the Minister may direct the construction or maintenance q/,a bridge on a highway.

(2) The cosr q/, construction q/, the bridge shall be either (

a) paid by the Province, or (

b) paid by the urban municljJality, rural municipality, irngation district or drainage district concel'f1ed, or (

c) apportioned berween the Province and the urban municipality, rural municipality, irrigation district or drainage district concerned, upon the basis prescribed in the regulations, whichever the Minister directs. 14. Regulations.

Section 55, clause (

d) presently reads: 55. The Lieutenant Governor in Council may make such regulations as are necessmy to cany out the provisions q/, this Act according to their intent or to meet cases that arise and for which no provision is made by this Act, and without restricting the generality q/'theforegoing, may make orders or regulations (

d) governing the closing and leasing q/, highways closed by the Minister pursuant to

section 48. 4 Title: 1977 (18th, 3rd) Bill 19, The Public Highways Development Amendment Act, 1977

Document details

Collection	Alberta — Bills
Citation	L18 S3 5721
Type	bill
Volume / chapter	L18 S3 5721
Language	en
Format	json
Source	PROVINCIAL
Identifier	d46003f52423ee57b47ec190c6d04faef3e17803

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