Bill 5 — Second Session, 17Th Legisla.Ture, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 5 the Public Highways Development Amendment Act, 1973 (Legislature 17, Session 2)

L17 S2 5139

Alberta — Bills

1973 Bill 5 Second Session, 17th Legisla.ture, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 5 The Public Highways Development Amendment Act, 1973 MR. PURDY First Reading ............................ . Second Reading .. Third Reading ............................. . Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 5 (Mr. Purdy) BILL 5 1973 THe PUBUC HiGt-"WAYS DEVE'lOPMENf AMENDMENT ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with theadvi'ce and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Public High1,vays Development Act is hereby amended.

Section 2, clause (m), subclause (ii) is amended by adding at the end there,of the words "'Or in a registered caveat relating to that land".

Section 31 is amended by adding the following sub

section after subsection (7):

(8) Where a notice has been issued under this

section for the removal of any property, equipment, material or other thing from land, (

a) the owner of the land, or (

b) the person to whom the notice was directed, is guilty of an offence if he again places or causes to be placed any property, equipment, mater,ial or other thing on the land within the distance from the controUed high way prescribed by the regulations.

Section 33 is amended (

a) by striking out subsection (2) and by substituting the following:

(2) Upon conviction for an offence the convict ing judge shall (

a) order the person convicted to move remove or alter, within the period specifi~d in the order, any pr?perty, equipment, material or other thIng In respect of which he was convicted, and (

b) order that no owner of the land shall place or suffer to ?e placed any property, equip ment, materIal or other thing on the part

Explanatory Notes I. This Bill will amend

chapter 295 of the Revised Statutes of Alberta 1'970.

Section 2:(m) (ii) presently reads: 2. In this Act, (m) "owner" means (ii) a purchaser of land whose interest as purchaser is recorded on the certificate oJ title for that land, 3. Under

section 311 the Minister can require property on land within a prescribed distance of a controlled highway to be re moved. A new subsection will make it an offence to place further property on that land. 4.

Section 33(1), (2) and (3) read: 33.

(1) Any person who fails to comply with a notice given to him under

section 31 is guilty of an offence.

(2) Upon conviction for an offence, the convicting magistrate shall order the person convicted to move, remove or alter withln a period specified in the order, the thing in respect of which he is oonvicted.

(3) A person who fails to comply wiith an order made against him under subsection (2) is guilty of an offence and liable to a further fine of not more than $25 for each day during which the breach of the order continues.

of the land upon which the 'Offence was committed without the written permissi'On 'Of the Minister. (

b) as to subsection (3) by stTiking out the words "against him", (

c) by adding the following subsection after subsec tion (5):

(6) In a prosecuti'On for the offence 'Of failure to comply with an order made under subsection (2), a certificate purporting to be signed by the Minister and stating whether and to what extent and to whom permission was 'Or was not given to place any thing on the descr,ibed land shall be admitted in evidence as prima facie proof of the statements in the certificate without proof of the signature or appointment of the pers'On signing. 5. This Act comes into force om the day upon which it is assented to. 2 Title: 1973 (17th, 2nd) Bill 5, The Public Highways Development Amendment Act, 1973

Document details

Collection	Alberta — Bills
Citation	L17 S2 5139
Type	bill
Volume / chapter	L17 S2 5139
Language	en
Format	json
Source	PROVINCIAL
Identifier	f342c3bdc5247fd45fb6865c604294996fe5692c

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