Bill No. 78 of 1958 A BILL TO AMEND THE WATER RESOURCES ACT NOTE This Bill amends The Water Resources Act, being

chapter 65 of the Revised Statutes of Alberta, 1942. A new

Part IV is added. It contains new sections 7 4 to 81, inclusive.

Section 7 4 provides authority for the Minister charged with the administration of this Act to construct, operate, maintain and repair works and undertakings for any project which he considers advisable in the public interest. The authority is subject to the approval of the Lieutenant Governor in Council. It permits the Minister to undertake projects relating to drainage, flood control, river control projects and irrigation projects, and projects relating to water power and water development supply.

Section 75 outlines certain expropriation powers and pro­ cedures to · be exercised where necessary in obtaining interest in land for a work or undertaking.

Section 76 authorizes contracts which may be required for the construction, operation, repair and control of works and undertakings.

Section 77 provides for tenders with respect to the works and undertakings authorized by

section 74, and the cases where tenders need not be accepted from the lowest bidder. In certain cases the work of construction, repair, operation or maintenance may be done by the . Department or by order or commission if it can be done more economically or expeditiously.

Section 78 provides for the taking of security when any construction or repair work is contracted for by the Minister.

Section 79 provides for the verification of accounts received in the Department if the Minister so requires.

Section 80 provides that contracts entered into under these sections by the Minister or any duly authorized per­ son enure to the benefit of the Province.

Section 81 enables the Minister, with the approval of the Lieutenant Governor in Council, and a municipality, upon the passing of an approving by-law, to enter into and be bound by an agreement providing works and undertakings of the nature of drainage, irrigation, water power, water supply, river and flood control and water supply develop­ ment projects. A municipality may expend moneys for the works or undertakings to be constructed under an agree-

ii ment with the Minister. These works and undertakings need not be within the boundaries of the municipality or municipalities concerned. The moneys may also be ex­ pended pursuant to the agreement without referral to the proprietary electors or to the Board of Public Utility Com­ missioners. This Bill comes into force upon assent and is retroactive to the 1st day of January, 1968. 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. 73 of 1953.

An Act to amend The Water Resources Act. (Assented to '1959) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows : 1. The Water Resources Act, being

chapter 65 of the Revised Statutes of Alberta, 1942, is hereby amended. 2. The following new heading and sections are added im- New sectlunH mediately after

section 73 · H to s1 ln-• elusive "PART IV "Conatruc:tiOD of W orka and Undertakinp by the Minister "74.

(1) Where the Minister in his absolute discretion conetruc­ d~tmh sthit advisable 1 anfd in tLh.e best interest of th~ Provine~, !t:3 ~~le~~ks WI e approva o the 1eutenant Governor m Council, taklnga he may construct, operate, maintain and repair works and undertakings within the meaning of this Act. "

(2) The powers given by subsection (1) may be ex- Purpose or ercised for any project which the Minister considers proJect proper, and without limiting the generality of the fore- going, for the purpose of drainage, irrigation, water power 1 water supply, river control, flood control or ground water supply development projects. "75.

(1) The Minister may aequire by purchase or ex- Acqutal­ propriation any land or interest in land required for the i~~d or construction of works or undertakings to be constructed pursuant to

section 74. · "

(2) For the purpose of expropriating any land or in- Exproprta.t­ terest in land required for the construction of works or tton undertakings the Minister may proceed in the manner pro- vided in

section 72. "78.

(1) The Minister may enter into a contract with contmcts any person or corporation that may be necessary or ad- visable in the construction, operation, maintenance, repair or control of any works or undertakings constructed or to be constructed under this Part. "

(2) No deed, contract or writing shall be deemed to be binding on the Province or held to be the act of the Minis­ ter unless signed by the Minister or the Director of Water Resources.

Super\"lslon SeeUt·ltr Verlflca.tlun uf account t::nrorcement of contract By-la.w approving agreement 2 "77.

(1) Where it appears practical or expedient to do so, the Minister shall invite tenders by public advertise­ ment or by other public notice for the construction, opera­ tion, maintenance, repair or control of a work or under­ taking. "

(2) Where, in the opinion of the Minister, it is not expedient to give the work of construction, operation, maintenance or control of a work or undertaking to the lowest bidder, the Minister shall report the same to and obtain the authority of the Lieutenant Governor in Council prior to rejecting the lowest tender. "

(3) The construction, operation, maintenance or re­ pair of a work or undertaking may be undertaken by or under the direction of officers of the Department, or by order or commission if the Minister. is of the opinion that from the nature of the work or undertaking it can be more expeditiously and economically executed in that manner, or it is desirable or expedient to do so.

"78. ( 1) When a work or undertaking is being con­ structed or repaired by contract the Minister shall, and in other cases the Minister may, require that security be given to Her Majesty for the due performance of the con­ struction or repair within the amount and time specified for its completion. "(2) ·No sum of money shall be paid to the cont.ractor nor shall any construction or repair be commenced on any contract until " (

a) the contract has been signed by all the parties named therein, and " (

b) the required security, if any, has been given. "79. The Minister may require any account that is re­ ceived in the Department from a person employed by the Department or by a party to a contract with the Depart­ ment to be verified by oath, affirmation or statutory declaration. "80. A contract relating to the construction, operation, maintenance, repair or control of a work or undertaking, or to real or personal property under the control of the Minister, 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 authority of this Part. "81.

(1) Notwithstanding any other Act, the Minister, with the approval of the Lieutenant Governor in Council, and any one or more cities, towns, villages, municipal dis­ tricts or counties, upon the passing of a by-law approving the terms, may enter into an agreement providing for works or undertakings in the nature of 11 (

a) a drainage and irrigation project, 11 (

b) a water power project, 11 (

c) a water supply project,

3 " (

d) a river and flood control project, "(

e) a wate1· supply development project, within or without the city, town, village, municipal dis­ trict or county. "

(2) An agreement entered into pursuant to subsection (1) shall "(

a) fix the total cost of construction, " (

b) fix the period of construction, " (

c) fix the proportion of the cost to be provided by the Province and by each city, town, village, municipal district or county, respectively, "(

d) fix the terms upon which and the time or times when payments are to be made by the Province for the construction, operation, maintenance or repair of the works or undertakings. " ( 3) The Minister may carry out the terms of any agreement made pursuant to subsections (1) and (2). "

(4) A city, town, village, municipal district or count~· may carry out the terms of an agreement made pursuant to subsections (1) and (2) and may expend money under the agreement without the necessity of receiving the assent thereto of the proprietary electors, or of the Board of Public Utility Commissioners. "

(5) The Minister may purchase or expropriate any land or interest in land required for the construction of a work or undertaking to be constructed pursuant to an agreement made pursuant to subsections (1) and (2), and for the purpose of expropriating any land or interest in land so required may proceed in the manner provided in

section 72.". 3. This Act comes into force on the day upon which it fomtns is assented to and upon so coming into force shall be orce deemed to have been in force at all times on and after the first day of January, 1953. Into

-.fo. 73. FIRST SESSION lWELFTH LEGJSLA nJRE 2 ELIZABETH II 1953 BILL

An Act to amend The Water Resources Act. Received and read the First time ......... ......... . Second time .............. . Third time ... .............................. . ... . HoN. MR. URE -) Title: 1953 (12th, 1st) Bill 73,

An Act to amend The Water Resources Act