Bill 38 (Legislature 11, Session 4)

L11 S4 6949

Alberta — Bills

Bill No. 38 of 1951. A BILL REISPECTING THE PUBLIC WORKS DgPARTMENT. NOTE. This Bill enacts a new Act to be known as "The Public Works Department Act, 1951". The present Department of Public Works is being divided into two new Departments, a Public Works Department and a Highways Department. The Public Works Department will be in ·charge of public buildings and pubHc works other than highways or works specifically assigned to some other Department for administration, such as railways or tele phones.

The Bill provides for the appointment of a Deputy Minister, Chief Engineer, Superintendent of Buildings, mechanical superintendent, official valuators and such other engineers, architects, officers, clerks and servants as may be required to carryon the business of the Department. The Lieutenant Governor in Council is empowered to declare any work to be a public work and under the control of the De partment. The duties and powers of the Deputy Minister are outlined in the Bill. The Lieutenant Governor in Council is empowered to designate any portion of the Province as a public works dis trict.

One or more district public works engineers may be appointed to each such district. The Minister is empowered to enter into contracts that are necessary or advisable in order to enable him to carry out his duties under this Act. Where it is practical or ex pedient tenders are to be invited by public advertisement for the construction of public works. However, the con struction and repair of pubHc works may be undertaken by or under the direction of the Department or by order or commission in any case where it appears to be more ex peditious or economical to do so.

Provision is made for security for the performance of contra,cts. No money can be paid under a contract until it is properly executed and the necessary se·curity, if any, has been given. Where tenders are called for the lowest tender cannot be rejected without the approval of the Lieutenant Governor in Council.

ii The Minister may require accounts submitted to the De partment to be verified by oath or statutory declaration. Provision is made for agreements with municipalities to assist them in the construction of municipal public works. All actions and proceedings for the enfor,cement of con tra,cts are to be instituted in the name of the Province by the Attorney General.

Provision is made that certified ,copies of documents in the Department attested under the signa ture of the Minister or the Deputy Minister shall be prima facie proof of the same and have the same legal effect as if the original were produced by the Minister in the court. Penalties are prescribed for interfering with the con struction of, or damaging or injuring public property or public works. The Minister is required to make an annual report on the work of the Department for submission to the Legislative Assembly. The present Public Works Department A'ct is repealed.

The Bill ,comes into for'ce on a date to be fixed by proc lamation of the Lieutenant Governor in Council. The Bill creating this Department and the Highways Department can then be proclaimed as soon as it is possible to make the necessary administrative arrangements for the division of the present Department into the two new Departments. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 38 of 1951.

An Act respecting the Public vVorks Department. (Assented to , 1951.) HIS MAJE.ST~, by and with the advi,ce and consent of the LegIslative Assembly of the Province of Alberta enacts as follows: '

Short Title. 1. This Act may be cited as "The Public Works Depart-

Short title ment Act, 1951",

Interpretation. 2. In this A,ct, unless the context otherwise requires,- I!lterpreta- ( ) "Ch' , bon a Ief EngIneer" means the Chief Engineer of the "Chi.ef " Department or the person performing his duties for Engmeer the time being; ( b) "Department" means the Public W or ks Depart- "Dep,:;rt- ment; ment (c) "Minister" means the Minister of Public Works; "Minister" (d) "public works" means all public works other than ~o'i-~l~~ those specifically assigned to some other Depart- ment for administration. Organizatio'n and Administration of the Department. 3.

There shall be a department of the public service of ~r~~~ion of the Province to be called the Public Works Depa'rtment over Worl~~ which the member of the Executive Council appointed by Department the Lieutenant Governor under the seal of the Province to discharge the functions of the Minister of Public Works for the time being shall preside. 4. Subject to the provisions of The Public Service Act, ~heiltrtment 1947, the Department shall,- (

a) be in ,charge of the ,construction, heating, lighting, ~; !Th ~~t1fce furnishing, care, maintenance, repair and manage- buildin g k ment of all public buildings and public works; and war s (

b) administer such A,cts and perform such functions ~~~f~~m as may be assigned to it from time to time by Act ass~gned of the Legislature or by order of the Lieutenant to It Governor in 'Couneil.

Lieutenant Governor in Council may appoint employees 2 5. Subject to the provisions of The Public Service Act, 1947, the Lieutenant Governor in Council may appoint,- (

a) a Deputy Minister; (

b) a Chief Engineer; (

c) a Superintendent of Buildings; (

d) a mechanical superintendent; (

e) one or more offi,cial valuators; (

I) such other engineers, architects, officers, clerks and servants as may be required to carryon the business of the Department; and may prescribe their duties and provide for their re muneration. Administra- 16.

(1) Subject to the provisions of The Public Service ~a~aag~~ent Act, 1947, the Department shall have the administration of b~~nds o:~~ and management of all lands, the property of the Province, pu Ie w that are held, used or oocupied for public works. Lieutenant Governor in Council may declare property to be a public work Duties of Deputy Minister

(2) The Department may dispose of such lands from time to time with the approval of the Lieutenant Governor in Council under the hand and offi.cial seal of the Minister. 7. The Lieutenant Governor in Council, from time to time, may declare any land, building, chattel or any other property, real or personal, constructed, purchased or other wise acquired at the public expense to be a public work and subj ect to the provisions of this A,ct, and it shall henceforth be vested in His Maj esty and be under the control of the Department. 8. The Deputy Minister shall,- (

a) prepare or ,cause to be prepared maps, plans, speci fications and estimates for all publi,c works which are about to be constructed, altered or repaired as directed by the Minister; (

b) report for the information of the Minister on any question relating to any pubHc work which is sub mitted to him; (

c) examine, revise and approve the plans, specifica tions and estimates of other surveyors, engineers, architects and officers relating to a public work; -(

d) generally advise the Minister on all surveying, en gineering and architectural questions affecting any public work; , (

e) prepare reports, and conduct under the direction of the Minister the correspondence of the Depart ment; (

I) see that all contra'cts entered into by the Minister are properly drawn and executed and that all let ters, reports and other documents are properly copied or filed, as the case may be; and

3 (

g) gene~al.Iy do and perform all such acts and things per~alnlng to the business of the Department as he IS dIrected to do or perform by the Minister. Public Works Districts. 9:

(1) The Lieutenan~ Governor in Council, from time Order to tIme by order, may desIgnate any portion of the Province des~ating as a public works district. ~fs~~i~t works .

(2) The order shall .describe the boundaries of the dis trIct and shall be effectIve upon pUblication in The Alberta Gazette or upon such later date as may be designated in the order. 10.

(1) Subject to the provisions of The Public Service Lieutenant Act, 1947, the Lieutenant Governor in Council may appoint ~overnor. l·fi d· ... In CouncIl one or more qua 1 e engIneers as dIstrIct engIneers for may appoint any p~b1ic works d~strict, and may define their duties and ~~~[~~~rs fix theIr remuneratIOn.

(2) Notice of each such appointment shall be published in The Alberta Gazette. Co,ntracts. 11.

(1) The Minister may enter into any contract with Minister any person or corporation that may be necessary or advis- ~~X enter able in carrying out the provisions of this Act or any other contracts Act.

(2) No deed, contract or writing shall be deemed to be binding on the Department or held to be the act of the Minister unless signed by him or the Deputy Minister. 12.

(1) Where it appears practical or expedient to do Tenders ~or SO, the Minister shall invite tenders by public advertisement ~n:!~~r~Oo~ or by other public notice for the construction and repair public work of all public works. (2,) In any case where, in the opinion of the Minister, Rejection of it is not expedient to give the work to the lowest bidder, i~~d:~ the Minister shall report the same to and obtain the author- ity of the Lieutenant Governor in Council prior to rejecting the lowest tender.

(3) The construction and repair of public works may Qonstruc~on be undertaken by or under the direction of officers of the ~~d p~im~Ir Depar~~ent, or by order. o~ commission in any case where beor~~d~ay the MInIster is of the opInIOn that from the nature of the direction of work it ,can be more expeditiously and economically executed Department in that manner, or it is desirable or expedient to do so. 13,

(1) When a public work is being carried out by Security for • . . . h . th M· . t iperformance contract the MInIster shall and In ot er cases e InIs er of work may, require that se'curity'be given to His Majesty for .the due performance of the work within the amount and tIme specified for its completion.

4 Require-

(2) No sum of money shall be paid to the contractor nor ~~~t~o~e_- shall any work be commenced on any contract until the mencing contract has been signed by all the parties named therein, public work nor until the required security, if any, has been given. Verification of accounts Contract enures to benefit of Province 14. The Minister may require any a,c,count sent in by any person employed by the Department or a party to a contract to the Department to be verified by oath, affirma tion or statutory declaration. 15.

Every contra,ct relating to a public work or to real or personal property under the control of the Department that has been entered into by the Minister or by any other duly authorized person shall enure to the benefit of the Province and may be enforced as if it had been entered into with the Province under the authority of this Act. A~reemen~s, 16.

(1) The Minister, with the approval of the Lieu ;~mi~~~lCl- tenant Governor in Council, may enter into an agreement assist wi~h with any city, town, village or municipal district providing COIJjStructlOn f th I' t t t·· t f k of public or e aylng ou , cons ruc IOn or Improvemen 0 par s, works publi.c places, public swimming pools or other municipal public works which, in the opinion of the Minister and of the council of the municipality, are necessary or desirable.

(2) Any agreement entered into under the provisions of subsection (1) shall fix,- (

a) the total cost of construction; (

b) the period of ,construction; (

c) the proportions of the cost to be provided by the Province and the municipaltiy, respectively; and (

d) the terms upon which and the time or times when payments are to be made by the Province for the purpose aforesaid. '

(3) The Minister is hereby authorized to carry out the terms of any agreement made under the provisions of sub sections (1) and (2), and each city, town, village and municipal district is authorized to enter into and carry out any agreement so made. Actions and Suits. :-;l~~~: to 17.

All a,ctions, suits and other proceedings for the en- ~on~act for(!ement of a contract or for the recovery of damages for A~t~~~~~ by any tort or breach of contract, or for the trial of any right General in respect of property, real or personal, under the control Certified copy of record prima facie proof of the Department shall be instituted in the name of the Provin,ce by the Attorney General. 18.

A certified copy of any record, document, plan, book or paper belonging to or deposited in the Department attested under the signature of the Minister or of the Deputy Minister shall be prima facie proof of the same and

5 shall h~ve the same legal effect as if the original were pro duced In the court or elsewhere by the Minister or the Deputy Minister. Offences and Pe~ties. 19. Any person who interrupts, hinders or molests any P.enalt;v for d d th th 't f th M" . hmdermg person engage un er e au orl y 0 e InIster In cpnstruction removing an obstruction or in constructing, maintaining or ~oikbliC repairing a public work, shall be guilty of an offence and liable on

summary ,conviction to a penalty not exceeding one hundred dollars and costs or to imprisonment for a period not exceeding two months or to both. 210.

(1) Any person who carelessly or wilfully breaks, ~enalt~ for cuts or fills up or otherwise injures or damages any public p~~i~t!!~rk work shall be guilty of an offence and liable on

summary conviction to a penalty not exceeding one hundred dollars and costs and in default of payment to imprisonment for a period not exceeding ninety days.

(2) A court by which any person is convicted of an Orde,r to offence under subsection (1) may also order the offender to ~;f!~~e to forthwith repair any damage to the public work. public work Annual Report. ) h M·· te h II k d b't t th Minister to 2:1. (1 T e InIS r s a rna e an su mI 0 e submit Lieutenant Governor in Council an annual report on all the ~~;o~~l to works under the ,control of the Department. Lieutenant Governor

(2) The report shall,- in Council h . 1 t' A bl 'th' Annual (

a) be laid before t e LegIS a Ive ssem y WI In report,- fifteen days after the commencement of the session ~o fbe laid next following the end of the year for which the L~:i~!ative report is made; Ass.embly (

b) contain such information as may be requisite to ~or~~~: of enable the Legislative Assembly to judge of the Department working of the Department. 22. The Public Works Department Act, being

chapter Repeal 16 of the Revised Statutes of Alberta, 1942, is hereby re pealed. 23. 'This Act shall ,come into force on a da~e to be ~xed ~~~ir!rce by proclamation of the Lieutenant Governor In CounCIl.

No. 38. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 19'51 BILL

An Act respecting the Public Works Department. Received and read the First time Second time ..... ~hird time HON MR. MAcMILLAN. Title: 1951 (11th, 4th) Bill 38,

An Act respecting the Public Works Department

Document details

Collection	Alberta — Bills
Citation	L11 S4 6949
Type	bill
Volume / chapter	L11 S4 6949
Language	en
Format	json
Source	PROVINCIAL
Identifier	da79b83a66c18f0c934f51d2468472373ee76ff5

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