Bill 37 — Fust Session, 20Th Legislature, 32 Euzabeth Ii the Legislative Assembly of Alberta Bill 37 Department of Public Works, Supply and Services Act (Legislature 20, Session 1)

L20 S1 3657

Alberta — Bills

1983 BILL 37 FUst Session, 20th Legislature, 32 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 37 DEPARTMENT OF PUBLIC WORKS, SUPPLY AND SERVICES ACT THE MINISTER OF PUBLIC WORKS, SUPPLY AND SERVICES First Reading Second Reading Committee of the Whole Third Reading Royal Assent •a Ki •««•

BiU 37 BILL 37 1983 DEPARTMENT OF PUBLIC WORKS, SUPPLY AND SERVICES ACT (Assented to , 1983) TABLE OF CONTENTS

Definitions 1 Department 2 StaflF 3 Services of experts 4 Delegation of functions 5 Boards, committees and councils 6 Grants 7 Agreements g Revolving fund 9 Charges and credits for supphes and services 10 Acquisition of Govemment supphes and services 11 Disposition of Govemment surplus supphes 12 Agency functions of the Minister 13 Minister's responsibiUty for pubhc works 14 Expropriation 15 Agreements for municipal pubhc works 16 Sale or other disposal of land 17 Lease, lesser interests and improvements 18 Unclaimed property 19 Use of Crown lands 20 Records management 21 Joint Board of Practice 22 Consequential 23 Repeal 24 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows:

Definitions 1 In this Act, (a) "Crown" means the Crown in right of Alberta; (b) "Department" means the Department of Public Works, Sup ply and Services; (c) "department" means a department of the Govemment and, except in sections 11 and 12, includes

(

i) a board, commission or organizational unit that forms part of the public service of Alberta but is not part of a de partment of the Govemment, and (

u) a corporation that is an agent of the Crown; (d) "Minister" means the Minister of Public Works, Supply and Services; (e) "supplies" means materials, equipment and other personal proj)erty that is or was required or used by a department for the transaction of its business and affairs, and includes furnishings. Department 2 Thcrc shaU bc a department of the Govemment called the De partment of PubUc Works, Supply and Services over which shall preside the member of the Executive Council appointed by the Lieu tenant Govemor under the Great Seal of the Province as the Minister of PubUc Works, Supply and Services.

Stair 3(1) The Lieutenant Govemor in Council may estabUsh the offices of 1 or 2 Deputy Ministers for the Department and shall designate the name for each office so established.

(2) In accordance with the Public Service Act, there may be ap pointed (

a) the Deputy Ministers whose offices are estabUshed under sub section (1), and (

b) any other employees reqiured to conduct the business of the Department. Services of experts 4(1) The Minister may engage the services of experts or persons haying special technical or other knowledge to advise him or to in- qiure mto and report to him on matters under the Minister's admin istration. Delegation of functions

(2) A person whose services are engaged under this

section may be paid the remimeration and expenses that the Minister prescribes. 5(1) The Minister may in writing delegate any power or duty con ferred or imposed on him by this Act or any other Act or regulation imder his administration to an employee in the Department or an agent of the Crown. (2) Subsection (1) does not apply to any power or duty of the Min ister to make regulations. Boards, 6(1) Thc Miuistcr may estabUsh any boards, committees or councils coITndir" ^" he considers necessary or desirable to act in an advisory or admin istrative capacity in connection with any of the poUcies, programs, services or other matters under his administration.

(2) The Mmister may, with respect to any board, committee or coun- cU estabUshed under this section.

(

a) appoint or provide for the manner of appointment of its members, (

b) prescribe the term of office of any member, (

c) designate or provide for the designation of a chairman, vice- chairman and secretary, and (

d) authorize, fix and provide for the payment of remuneration and expenses to its members.

(3) A board, committee or councU estabUshed under this

section may, with the approval of the Minister, make rules governing the calling of its meetings, the procedure to be used at its meetings, the conduct of business at its meetings, reporting and any other matters as required.

(4) A board, committee or councU estabUshed under this

section may exercise the powers and shaU perform the duties and functions that the Minister confers or imposes on it. iLants 7(1) The Minister may make grants if (

a) he is authorized to do so by regulations made under subsec tion (2), and (

b) there is authority avaUable in a supply vote for the purpose for which the grant is to be made.

(2) The Lieutenant Govemor in CouncU may make regulations (

a) authorizing the Minister to make grants; (

b) respecting the purposes for which grants may be made; (

c) governing appUcations for grants; (

d) respecting the persons or orgaiuzations or classes of persons or organizations eUgible for grants; (

e) respecting the conditions required to be met by any appUcant for a grant to render that person eUgible for the grant; (

f) respecting the conditions on which a grant is made and re quiring the repayment of the grant to the Govemment if the conditions are not met; (

g) providing for the payment of a grant in a lump sum or by instalments and prescribing the time or times at which the grant or the instalments may be paid; (

h) Umiting the amount of a grant or class of grant; (

i) authorizing the Minister to delegate in writing to any em ployee of the Government any duty or power respecting the pay ment of a grant; (

j) requiring the recipient to account for the way in which the grant is spent in whole or in part;

Agreements Revolving fund Charges and credits for supplies and services (

k) authorizing the Minister to enter into an agreement with re spect to any matter relating to the payment of a grant.

(3) Regulations made under subsection (2) may be specific or general in their appUcation.

(4) Notwithstanding subsection (2)(f), the Minister may impose fur ther conditions not prescribed in the regulations on the making of a particular grant. 8(1) The Minister may enter into agreements on or in connection with any poUcies, programs, services or other matters under his administration.

(2) Without Umitmg subsection (1), agreements may be made under that subsection with the Govemment of Canada or of a province or any agency of the Govemment of Canada or of a province. (3) Subsection (1) appUes subject to

section 2(2) of the Public Works Act. 9(1) The Minister shaU estabUsh and administer a revolving fimd for the Department to enable the Minister (

a) to acquire land for and to undertake public works, and (

b) to acquire and provide suppUes and services to departments.

(2) The Provincial Treasurer shaU, on the requisition of the Minister, advance firom the General Revenue Fund to the revolving fund any money required by the Minister to enable him to do anything falhng under subsection (l)(

a) or (b).

(3) The net amount outstanding at any time in respect of advances under subsection (2) shaU not exceed $150 000 000.

(4) As soon as practicable after the end of each fiscal year, the Min ister, for the purposes of

section 77 of the Financial Administration Act, shaU ensure the preparation of financial statements covering the revolving fimd for the immediately preceding fiscal year and a sum mary of the fund's assets and Uabilities.

(5) The financial statements and

summary of assets and habihties shaU be audited by the Auditor General. 10(1) Where suppUes or services are provided to or acquired for and deUvered to a department, the Minister may charge their fair value to that department.

(2) Where suppUes or services are acquired at the expense of the revolvmg fund for use by a department and their value is charged to and retained by the revolving fund, the Minister may charge a fair rent or rate for their use to the department.

(3) The amount of (

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

(

b) the proceeds of a sale or other disposition made under

section 12, shaU be credited in reduction of the amount of the advances made by the Provincial Treasurer under

section 9. mvcquisition of 11(1) Subjcct to subscctiou (3), jovemment iemc'es*" (

a) thc Minister is responsible for the acquisition and provision of aU suppUes and services that are required by the departments, and (

b) every department shaU acquire its suppUes and services through the Minister.

(2) AU acquisitions of suppUes or services by a department through the Minister shaU be made by pubUc tender except where the Min ister considers that an acquisition by another method is more prac tical or economical and permits the acquisition by the other method.

(3) Where, in his opinion, the acquisition of suppUes or services otherwise than through the Minister would be practical or economi cal, the Minister, by an order which may be general or Umited to the suppUes or services or to the department designated in the order, may permit such an acquisition.

(4) The Lieutenant Govemor in CouncU may, by a regulation which may be general or Umited to the suppUes or services or to the de partment designated in the regulation, provide for the manner in which acquisitions of suppUes and services otherwise than through the Minister are to be made by a department. disposition of 12(1) The Minister is responsible for the disposition of each depart- si?^fuTrup"piies ment's suppUes that have become surplus or that are no longer re quired.

(2) Subject to subsection (3), property sold under subsection (1) must be sold at not less than its market or book value.

(3) Property sold under subsection (1) may be sold at a price deter mined by the Minister that is less than its market or book value where the sale is made to (

a) a mimicipaUty, the board of tmstees of a school district or school division, the board of directors of an irrigation district or the board of tmstees of a drainage district, (

b) a university, coUege or other educational institution or the owner of a public hospital, (

c) a corporation that is an agent of the Crown or that is incor porated for the purpose of carrying out any govemmental fimc- tion and is whoUy or substantiaUy supported by money appro priated by the Legislature or the ParUament of Canada, (

d) a corporation to which

Part 9 of the Companies Act appUes, a corporation incorporated under the Societies Act or any other

corporation incorporated for a purpose other than profit or gain or (

e) any person in accordance with a tmst or other obhgation in favour of that person. Agency functions 13 Thc Miuistcr may act as the agent of a department referred to ofthe Minister ^ ^g^.^-^^ ^^^^^-^ ^^ (^i) ^ (

a) the acquisition of its suppUes or services, (

b) the disposition of its surplus suppUes, or (

c) any function, in relation to its pubUc works, that is referred to in

section 14(

b) to (d). Minister's 14 Uulcss otherwisc providcd by law or au ordcr of the Lieutenant pX" work7 ^°' Govemor m CouncU, the Mmister is responsible for (

a) the administration of aU land held, used or occupied for pub Uc works of the Govemment, (

b) the design, constmction, alteration, extension, repair, main tenance and management of aU buUdings, structures and other improvements required for pubUc works of the Govemment, (

c) the acquisition of aU land for pubUc works of the Govem ment, and (

d) the disposal of aU land that is or was held, used or occupied for pubUc works of the Govemment. Expropriation 15 The Minister may acquire by expropriation any estate or inter est in land for the purpose of pubUc works. Agreements for 16(1) In this scctiou, "local authority" means a municipahty or, in rnumcipai public ^^^ ^^ ^^ ^^^ improvement district or special area, the Minister of Municipal Affairs.

(2) Without Umiting

section 8(1), the Minister may enter into and carry out an agreement with any local authority providmg for the laying out, constmction or improvement of parks, pubUc places, pub lic swimming pools or other municipal pubUc works that m the opin ion ofthe Minister and ofthe local authority are necessary or desir able.

(3) Every local authority, notwithstanding the Municipal Govern ment Act, the Municipal Taxation Act or any other Act, may enter into and carry out an agreement under subsection (2).

(4) The agreement shaU fix (

a) the total cost of constmction, (

b) the period of constmction, (

c) the proportions ofthe cost to be home by the Crown and the local authority, and

Sale or other disposal of land Lease, lesser interests and improvements Unclaimed property (

d) the terms on which and the times when payments are to be made by the Crown for its part ofthe cost. 17(1) Subject to this section, the Minister may, with the approval of the Lieutenant Govemor in CouncU, seU or otherwise dispose of any estate, interest or right m land held by the Crown and under his administration.

(2) A sale of land under subsection (1) shaU only be made (

a) foUowing an invitation to submit tenders, (

b) after the Minister has obtained 2 or more appraisals of the market value ofthe land, at least one of which is obtained from an appraiser who is not an employee of the Govemment and carries on business as an appraiser, and (

c) at not less than the market value of the land, as determined by the Minister having regard to those appraisals. (3) Subsection (2)(

c) does not apply if, foUowing the invitation to submit tenders, no tenders were received or the highest tender re ceived was for less than the amount determined by the Miiuster, having regard to the appraisals, to be the market value of the land. (4) Subsection (2)(

a) and (

c) do not apply if the sale is made in exchange for other land and, in the opinion of the Minister having regard to the appraisals, adequate compensation is obtained for the land sold by the Minister. (5) Subsection (2) does not apply if the sale is made to a person, and, where appUcable, under circumstances, referred to in

section 12(3).

(6) A sale referred to in subsection (5) may be made for a nominal consideration.

(7) A lease or disposition of a mine or mineral shaU be made pur suant to the Mines and Minerals Act. 18(1) Subject to

section 17(7) but notwithstanding

section 17(1), the Minister may grant a lease, Ucence, easement or right of way with respect to land held by the Crown and under his admiiustration.

(2) The Minister may seU or otherwise dispose of any improvements that are severed or severable firom land held by the Crown and under his administration. 19(1) Subject to any other Act, aU lost or unclaimed property m the custody ofthe Govemment shaU be (

a) turned over to the Minister, and (

b) retamed by the Minister for a period of at least 1 year fi-om the time the property came into the custody ofthe Govemment.

(2) If the property is not claimed within 1 year from the time it came mto the custody ofthe Govemment, the Mmister may then dispose ofthe property on behalf of the Govemment.

(3) A purchaser of property under this

section becomes the owner of it and any claim of an earUer owner may only be made against the Government and for the proceeds of the sale less transportation, storage, sale and other necessary expenses incurred by the Govern ment.

(4) No claim may be made (

a) to the property after 1 year fi-om the date that the property came into the custody of the Govemment unless the property is stiU in the custody ofthe Govemment, or (

b) to the net proceeds of a sale ofthe property after 1 year from the date on which the property was sold by the Miiuster.

(5) This

section does not apply to abandoned vehicles to which sec tion 93 ofthe Motor Vehicle Administration Act appUes. Use of Crown 20(1) This scctiou appUcs only to land belongmg to or occupied by '^"'^ the Crown.

(2) The Lieutenant Govemor in CouncU may make regulations, either general in their appUcation or specific to any particular case, (

a) permitting, restricting or prohibiting the use by the pubhc or by any persons (

i) of any path, passageway, driveway or road through land belonging to or occupied by the Crown and leading to or from any pubUc work belonging to or occupied by the Crown, whether or not it has been dedicated or estabUshed as a pubhc highway, and (

U) of the gardens, grounds or other area appurtenant to or used in connection with any pubUc work belongmg to or oc cupied by the Crown; (

b) permitting, restricting, prohibiting or imposing conditions on the use, manner of use, speed, direction of travel, stopping or parking of motor vehicles and other vehicles, animals, or any other thing named in the regulations, in any place referred to in clause (a); (

c) authorizing and providing for the seizure and removal of any motor vehicle or other vehicle parked or left in contravention of the regulations, and authorizmg and providmg for its retention untU the expenses of seizure, removal and storage, if any, are paid.

(3) The by-laws of a mimicipaUty relatmg to the matters enumerated m subsection (2) apply to the land referred to in those by-laws situ ated in the mimicipaUty but, if there is a conflict between the by laws and a regulation under subsection (2), the regulation prevails.

(4) A vehicle seized and removed pursuant to regulations under sub section (2)(

c) is retamed and stored at the risk of its owner.

(5) Subject to regulations under subsection (2), the Mmister may erect at any place where he considers it necessary signs (

a) fixing speed Umits, (

b) prohibiting or controUing parking, (

c) prohibiting entry and restricting the direction of movement of traffic, and (

d) requiring vehicles to stop before proceeding and to yield the right of way to other traffic, and any other type of sign or device ordinarily used to regulate traffic.

(6) A person who (

a) contravenes a regulation made under subsection (2), or (

b) faUs to obey an order, direction or instmction indicated by a sign erected pursuant to subsection (5) is guUty of an oflTence and Uable to a fine of not more than $100.

(7) In a prosecution under this section, the existence of a sign re ferred to in subsection (5) is prima facie proof that the sign was erected by the Minister without other or further proof thereof

(8) In a prosecution under this section, a certificate purporting to be signed by the Miiuster shaU be admitted in evidence as prima facie proof that any land or premises referred to therein is owned or oc cupied by the Crown without proof of the Minister's appointment or signature. Records 21(1) In this section, "department", without Umiting

section 1(c), management ^^j^^^^ (

a) any corporation, commission, board or other body empow ered to exercise judicial or quasi-judicial or govemmental func tions and whose members are appointed by

an Act of the Legislature, the Lieutenant Govemor in CouncU or a Minister of the Crown, or any combination thereof, and (

b) any court estabUshed by the Legislature.

(2) The Lieutenant Governor in CouncU may make regulations (

a) governing the handling, control, organization, retention, maintenance, preservation, disposition, aUenation and destmc- tion of records, including their transfer to the Provmcial Archives of Alberta; (

b) estabUshing programs for any matter referred to in clause (a), including interdepartmental stmctures for implementing the pro grams; (

c) prohibiting or restricting access to pubUc records; 9

(

d) defining and classifying records and pubUc records; (

e) prescribing the departments, records or classes of records to which the regulations or any provisions thereof apply. Joint Board 22(1) lU this SCCtiOU, of Practice (a) "Architects Association" means The Alberta Association of Architects under the Architects Act; (b) "Engineers Association" means the Association of Profes sional Engmeers, Geologists and Geophysicists of Alberta under the Engineering, Geological and Geophysical Professions Act.

(2) There shaU be a Joint Board of Practice composed of (a) 4 persons appointed by the CouncU of the Architects Asso ciation, (b) 4 persons appointed by the CouncU of the Engineers Associ ation, and a chairman appointed by the Minister from among candidates mutuaUy agreed to by both councUs.

(3) The fimction and operation of the Joint Board of Practice shall be prescribed by agreement between the CouncU of the Architects Association and the CouncU of the Engineers Association, and the agreement shaU include at least the foUowing matters: (

a) rules of procedure; (

b) provisions respecting the assessment of appUcations for a cer tificate of authorization under the Architects Act and provisions respecting the assessment of appUcations for a certificate of au thorization under the Engineering, Geological and Geophysical Professions Act; (

c) a procedure under which the Joint Board may act as a me diator of complaints or disputes of an interprofessional nature fi-om members of the Architects Association or the Engineers Association or persons who are not members when the complaint cannot be resolved by each of those Associations individudly or both of those Associations jointly; (

d) an undertaking to work on other matters of interprofessional relations, including the co-ordination and pubUcation of guide- Unes, standards, criteria and performance standards m die field of buUding design and constmction; (

e) provisions respecting recommendations on appUcations for authority to prepare final drawmgs for buUdmgs with one seal of either an engineer or an architect in cases where the drawings would ordinarily fit within the category of design that requires the seal of both professions under the Uniform Building Stand ards Act; 10

(0 a method of recommending to the Association concemed that a qualified certificate of authorization limiting the scope of prac tice in the other profession by an individual who is a professional engineer or a registered architect be issued to an applicant (

i) who has historically provided that service competently in Alberta, and (ii) who appUed for the certificate before October 1, 1982; (

g) any other matters agreed to between the Councils of both the Architects Association and the Engineers Association. Consequential 22(1) In the fallowing cnactmcnts "Govemment Services" is struck out wherever it occurs and "Public Works, Supply and Services" is substituted: Act

Section number Agent-General Act 5(

a) Local Authorities Board Act 45(2) PubUc UtUities Board Act 46(2) Treasury Branches Act 13(2)

(2) In the following enactments "Housing and PubUc Works" is struck out wherever it occurs and "Public Works, Supply and Services" is substituted: Act

Section number Architects Act IG) Drainage Districts Act 16(

b) Engineering, Geological and Geophysical Professions Act l(

k) PubUc Works Act l(b)(ii) Treasury Branches Act 13( 1)

(3) Section 25 of the Alberta Heritage Foundation for Medical Re search Act and the heading preceding that

section are repealed.

(4) The Architects Act is amended (

a) in

section 1(

h) by striking out "estabUshed under the Depart ment of Housing and Public Works Act" and substituting "under

section 22 ofthe Department of Public Works, Supply and Ser vices Act"; (

b) by repealing

section 76(l)(

b) and substituting the following: (

b) appUed for the certificate before October 1, 1982.

(5) Section 7.1 ofthe Department of Hospitals and Medical Care Act is repealed and the following is substituted: 7.1 The Minister may constmct hospitals or nursing homes on land under his administration.

(6) The Engineering, Geological and Geophysical Professions Act is ameruied 11

(

a) in

section 1(

g) by striking out "established under the Depart ment of Housing arui Public Works Act" and substituting "under

section 22 of the Department of Public Works, Supply and Ser vices Act"; (

b) by repealing

section 36(1 )(

b) and substituting the following: (

b) appUed for the certificate before October 1, 1982.

(7) Section l(l)(u)(

i) ofthe Financial Administration Act is amended by striking out "section 13(1) ofthe Department of Government Ser vices Act" arui substituting "section 9(1) ofthe Department of Public Works, Supply and Services Act".

(8) Section 9(h)(

i) ofthe Historical Resources Act is ameruied by strik ing out "(as defined in the Department of Government Services Act)".

(9) Section 97(1) of the Land Titles Act is amended by striking out "Department of PubUc Works of the Northwest Territories or of Alberta" and substituting"dQip2S\TCiQnX ofthe Govemment of Alberta or the North-West Territories then responsible for pubhc works'!

(10) Section 173(2) ofthe Municipal Government Act is amended by striking out "Housing and PubUc Works or the Minister of Govem ment Services, as the case may be," and substituting "PubUc Works, Supply and Services".

(11) Section 29(1) ofthe Ombudsman Act is amended by striking out "section 7 of the Department of Government Services Act" and sub stituting''section 21 ofthe Department of Public Works, Supply and Services Act"

(12) Section 7 ofthe Queen's Printer Act is repealed and the following is substituted: 7 The Minister charged with the administration of this Act is the member ofthe Executive CouncU so designated by the Lieu tenant Govemor in CouncU. Repeal 24(1) The Department of Government Services Act is repealed.

(2) Part 3 and

section 23 of the Department of Housing and Public Works Act are repealed. In accordance with

section 4(1) ofthe

Interpretation Act, this BiU comes into force on the date it receives Royal Assent. 12 Title: 1983 (20th, 1st) Bill 37, Department of Public Works, Supply and Services Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3657
Type	bill
Volume / chapter	L20 S1 3657
Language	en
Format	json
Source	PROVINCIAL
Identifier	d5687525ab7bd8e7e75e888ea4d60255b8db2ce9

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