Bill 17 (Legislature 1, Session 1)

L1 S1 10445

Alberta — Bills

No •. .iShort title ttdepartment" "minister"' "deputy minister" "'chief engineer"' "'district surveyor and ene;ineer" -·

AN ACT RESPECTING PUBLIC WORKS ., His Majesty by and with the advice and consent of tht~ Legislative Assembly of the Province of Alberta enacts as follows; -

SHORT TITLE ... This Act may be known and cited as "THE PUBLIC WORKS ACT." -

INTERPRETATION - In this Act unless the context otherwise re- quires - 1. The expression "'department" means the Depart- ment of Public Works for the Province of Alberta; 2. The expression "minister" means the Minister of Public Work~ for the Province; 3. The expression "deput~inister• means the deputy minister or the person performing his duties for the time be,ing; 4. The expression •chief engineer• means the chief engineer of the department or the person performing his duties·, for the time being; 5 ..

The expression "district surveyor and engineer" means the district surveyor and engineer for any public works district appointed as herein provided or any sur VEty;or or engineer employed from time to time by the

,, "'engin·eer"' "Publio works dfs triot"' "'aurv.eF" or" allowance" "'publio road"' "'ditch or drain"' - 2 - mini aliter· to perform any of the duties; imposed upon dis-tricrt surv-eyors and engineer&l by this Aot; 6. ~he expression •engineer• moan~ suoh civil ~ ...... , engineer or survellQr as is from time to timer appoint ... ed by the Lieutenant Governor in Council with the approval of .a Board consisting of the minister, the deputyminiater and the director of surveys. 7.

The expression~ •public works district • means' anyportion of the Provinae whioh may from time to time be set aside as a publio wo~ka diatriat with a dinino:t i ve name if 8. The expression •surveyor• means a land sur~ veyor duly authorized under. the provision~ of lhe Dominion Lands Ao~ or any Act: to surv.ey lands in the Provinae; 9. road allowance laid out under the provisions, of .The Dominion Lands Aot; 10. The expression •public road• means anr road surve~d and set aside as a public highway under the provisions of The NorthWest Territoi"ies Aot: or this Act; 11. The expression.

"ditoh• or ~drain"' means any ditch or drain opened or covered whollY'f or in part: and whether. in the channel of a n&ltural stream, oreek or watercourse or not and also the work and materials neaessary for any culvert~. oatch basin or g'llards; and

•construction"' "maintenance• "public work n "written or writing" "official valuator" - 3 - any ditch or drain cobetruoted by the department may be 9alled •Government Ditch• and disti~uiah ad by a number; 12. The expression •oons,truation• mean~~ the orlg- inal work of constructing any publiv work or opening or making any road allowance:, road, ditch or drain; 13. The expression •maintenano~• means and in- cihudes the pres:ervation and keeping in repair ot any public work, road allowano:-e, road, ditoh or drain; 14.

The expression •public work• means· lands, streams, watercourses and property (real and per- sonal) heretofore or hereafter aOl[Uired for public works; dams·, hydrauliC' workS", and other works; for improving the navigatioru of any stream; dams, slides, piers~, booms or other works for facilitating the tran smission of logs or timber; dams erected for the &tor age of water, water powers and works· connected therewith roads· culverts, bridges, ditches;, drains, public build ings and wells; 15.

The expression •written" or "'writi.ng• or terms of like import mean and include words printed, engrav ed, lithographed or otherwise traced or copied; 16. The expression "off i.e ial valuator " 1 means the official appointed to that position as herein provided;

"owner • "'outlet"' "person"' ... "ferry or ferries" "'licence"' "land or lands" - 4 - 17. The.expreaaion "owner• includes any person who by any right, title or estate whatsoever is or is en titled to be in possession of any land; 18. The expre~asion •outlet.• means any ri.'Velt, oreek, watercours·e or natural drainage channel; 19. The expression "'person• includes; partnerships and companies·.; 20.

The EX pression •ferry•~ or "ferries• mean~ any scow, b~ge or boat. used for t.he purpose of carrying passenger~,~freigh~, vehicles or animals across any riv,er., stream or other body of water· and the oable and applisanes connected there1with; 21. The expression •lioenoe"' means the lioenoe issued to any person to operate a ferry under the pro vision~ of this Act; 22.

The expression "'land• or ~lands• unless a con- trary intention appears., includes lands, messuage a, ten- ements and hereditaments, corporeal or incorporeal, of every nature and description, and every estate or in terest therein, and whether such estate or interest. is legal or equitable', together with all paths, passages, ways, watercourses, liberties, privilL\ges, easements, mines, minerals and quarries appertaining thereto, and all trees and timber thereon and thereunder lying or being.

organization of department· 'Minister of Public Works' - .5 - ORGANIZATION AND DUTIES OF THE DEPARTMENT - 3. There shall be a depar·tment of the public service of the Province of Alberta called the Depart ment of public Works over which the member of the Executive Council appointed by the Lieutenant· Governor under the seal of the Province to discharge the fun ctions· of the Minister of Public Works· for the time being· shall preside Administr~tion. 4. 'he minister shall have the administration, Government, buildings. Appointment of officials to care for government buildings. Control of public works.

Maps and plana. jrublic ~ighways. o.,..JJ management andcontrol of the departmentAof the gen- eral buaines~d shall overaee and direot. the officers, clerks and servants of the department. 5. ~ The minie1ter shallAhav-e the management, charge and direction of the construction, heating, lighting, furnishing, maintenance and keeping in repair of all government buildings .. 6. With the approval of t,he Lieutenant Governor in Council the minister shall also appoint and control the officers and servants necessary for the proper oare and maintenance of the government buildings. 7.

The minister shall alao have the control and management of the construction and maintenance of all public works; and of the issue of any and all maps. and plans needed by the department, or by any other depart ment of the Provincial Govermnent; he shall also deal with all questions-·. affecting obstruations to any road allowance or public hiGhway which has been vested in

Ferries. Deputy Minis·ter. Duties of deputy minister. - 6 - the 'Provine ial Government for public u,se, including the crossing of such road allowances or public high ways by irrigation ditches, canals or other works; and with the providing and maintaining of public or private ferries as herein provi.ded on any river or stream or other body of water in ~he Province; and shall have such other powers and duti.es as may from time to time be assigned to him by the Lieutenant Governor in Council. 8.

The Lieutenant Governor in Council may appoint an officer who shall be called the deputy minister who shall also be chief engineer and who shall be the deputy or assistant to the minister. 9.

The deputy minister shall prepare or cause to be prepared maps, plans, specifications and estimates for all public works which are about to be constructed, altered or repaired as directed by the minister; he shall ... report for the information of the minister on any queeftion relating to any public work which is sub mitted to him; he shall examine, revise and approve the plans, specifications and estimates of other surveyors, engineers, architects, and officers in respect to any public work; and generally he shall advise the minister on ally surveying, engineering and architectural questions affecting any public work; he shall also prepare repoets and conduct under the direction of the minister the correspondence of the department and see that all con tracts entered into by the minister are properly dYa*n out and executed, that all letters, reports and other documents are properly copied e>r filed as the case may

Accounts may be attested on oath. Examination of Witnesses. Compelliing attendance. Remuneration. Penalty for noncompliance. - 7 - beand generally do and perform all such acta and things :pertaining to the business· of the department as he may from time to time be directed by the minister. -VERIFICAtiON OF ACCOUNTS.- 10. The minister may require any account sent in "by any person employed by the department to be verified by oath, affirmation or sta.tutory declaration which as ·well as that to be taken by any witness may be admin istered or taken by the minister or by the deputy min ister. 11.

The minister may by notice in writing signed by him require the attendance before him at a time and place to be named in the notice of any person deemed necessary touching any matter upon which his attendance is required; any may by the notice require such person to bring with him all papers, plans, book~ documents and things in his possession or under his control bearing in any way upon the matter so· before him; and at the time and place appointed by the notice examine the person so notified to be present on oath touching the matter aforesaid.

(2) For the time lost and expenses incurred by any person in obedien~e to such notice, such person shall be entitled to reasonable remuneration1 to be paid out of the general revenue fund by the Treasurer on the certificate of the minister.

(3) Any person wilfully neglecting or refusing in any way to comply with the notice of the minister, or to be examined as aforesaid shall be guilty c1f an

Public works etc. to be the property of His Majesty and controlled by department. Other works may be de- clared public works. - 8 - ofienoe and liable on

summary conviction to a fine of ~~25. and on nonpayment of such fine forthwith after conviction to imprisomment for one month. - PUBLIC PROPERTY - 12.

All landi:J, streams, watercourses and prop erty (real or personal) heretofore or hereafter acquired for the use of publie works; all dams, hydraulic works and other works· for improving the navigation of any water; all slides, dams, piers, ' booms, and other works for faoili tating the tra.ns- :q~ission of logs or timber; all dams erected for the storage of water; all hydraulic powers, created by the construction: of any public work; all roads and bridges; all public buildings; all vessels, dredges, scows, tools, implements, and machinery for the im provement of navigation; all drains and drainage works; all ferries; all wells; and all property heretofore or hereafter acquired constructed, re paired, maintained or improved at the expense of the North West Territories and of the Province and not under the control of the Dominion Governmen1: shall be and remain vested in His Majesty and so far as not under the control of any a other department: shall be under the controli of the department of public works. 13.

The Lieut;onant Gaernox· in Council may from tiiiD to time declare any other propertr (real or personal} and any works, roads, bridges, harbours, booms, slides, buildings or other taing specified in the last precedi~ section~ and purchased or constructed at the public ex-

Maps, etc. , not.private property, may be re quired by department • Public pro- perty may be sold. Proviso Minister may enter· into contract. - 9 .... pense to be public works subject to the provisions of this Act; and they shall thenceforth be vested in His l~aj esty and under the control of the department. 14.

Any person. having possession of any maps, plans, specifications, estimates, reports, or other pape:tG , books, drawings, instruments, models, contracts, doc uments or recorda relating to any public work who re- fuses or neglects upon demand of the minister or other person authorized to require it forthwith to deliver the same to the department, shall be QUilty of an offence and liable on

summary conviction thereof to a penalty of $25. and on nonpayment forthwith on con viction to imprisonment for one month. 15. Any property (real or personal) when no longer required for the use of any public work may be sold, the leased or otherwia~ dispos~d of undei/authoritT of the minister; and the proooeds of all such sales lt leases and dispositions shall be accounted for as public money: Provided always that such property shall when ever· praatioable be so sold, leased or disposed of by tender or public: auction:. - CONTRACTS -- 16.

The minister shall have power to enter into any contract with any person or corporation: i;hat may be necessary or advisable in carrying out the provisions of any Act of the Legislative AssemblF; but no deeds, contraots or writings shall hereafter be deemed to be binding on the departmen~ not shall be held to be the aot~ of the minister unless signed by him or~he deputy minister.

Tenders: to be invited. Exceptions'. Security for performance of contracts. Where con tracts not let to the lowest ilidder. Contract to enure to His Majesty - 10 - 17. It s:.:;.,.nl be the duty of the minister· to invite tenders by public advertisement or by other public notiete for the construation; and repair· of all public works: exc~pt in oases whea from the nature of the work it 1CJan be more: expedi t;iously and eoonomioallT executed by orde~· or aJtimr.tS1i.on or by or ~nder the direction. of th.e officers of the department .•.

The minister when any public work is bEdng oe~ried out, by contract and in other oases~ may require tl1at security beg iven to and in the name of His Yaj esty fc1r the due performance of the work within the amount and time specified for its completion; and in all oas-es where it seems to the minister not to be expedient. to lett such work to the lowest bidder it shall be his duty .. h-- tc> reportt the s:ame and obtain the authority of the LjLeutenant Governor· in Council previous to pas1:sing by such lowest tender; but no sum of money shall! be paid t() the contractor nor shall any v10rk be commenaed· on any contract until the contract llas been signed by all the partieS' named therein1 nor until any security re quired has been given •.

All contrm ot~ respeating any public works or p:r:operty (real or personal) under control of the depart mt~nt heretofore or hereafter entered into by the minis- t~~r or by any other person duly authorised to enter into the s:ame shall enure to the benefit. of His Majesty and may be enforced as if they had been entered into with His Majesty under the authonity of this Aat •.

Actions to be instit- uted by Attorney General. - 11 -- - ACTIONS AND SUITS -- 20. All aa:tions;, suitS:l, and other proceedings· for the enforcement of any cont-ract or for the :eecovery of a:ny damages-· for any tort; or breaoh of contract or for the trial of any righ~ in repeot, of any property (real or personal) under the control of the departmen~ shall be instituted in the name of His Majesty· by the Attorney General •. .... EVIDENCE ON RECORDS, ETC ..... t} Copies· of· 21.

Copies of an.,- reoordsJ, documentft., plans·, books records, etc. when attested or papers belonging tc1 or deposited. in the depart:ment. to be prima facie~ evidence attested under the signature of the minister or of the Annual Report. deputy minister shall be prta5 facie evidenos of the s~ and shall have the same legal effect as the original in any court~ or elBewhere • ... ANNUAL REPORT OF TliE DE:PARTM.ENT .... 22.

The minister shall make ands ubmit to the Lieutenant Gaernor. an annual report: on all the works under the control' of the departmentt to be laid before the Legislative Assembly- within ten days from the coiDIItenoement of the session~ next fc,llowing the end of the year for which such report: is made with sum further information; as may be requisite· to enable the Legis latj.ve Assembly- to judge of the working· of the depart- ment;. ~PUBLIC WORKS DISTRICT.- Public Works 23.

The Lieutenant Governor in Council may from time distriat. to time set aside any portion· of the Provinos as a public works district; and a notice of the Order setting aside any district desoribin~ the boundaries of the dii:Jtriot shall be published in the official gazette.

District sur- veyors and engineers. Penalty for obstructing district sur- veyor. Examination of witnesses Compelling attendance. Remune:ration - 12 - 24. The Lieutenant Governor in Council may appoint onE' or more qualified persons as district surveyors and engineers for any public works district; :md may define their duties and fix the eemuneration to be paid such die~trict surveyors and engineers.

(2) A notice of such appointment shall be published in the official gazette. 25. Any person who interrupts,, hinders or molests any district surveyor and engineer engaged in making any examination, exploration or survey in connection with any work authorised by this Act shall be e;uilty of an offence and upon

summary conviction thereof shall be 1 i:able to a penalty not exceeding $50 •. or to imprison- to ment for a term not exceeding two months or~both. 26.

Any district surveyor and engineer may by notice in writing signed by him require the attendance before him at a time and place to be named in the notice of any person deemed necesoary touching any matter upon which his attendance is required in connection with any public •• work; and may by the notice require such person to bring ':ri.th him n.ll papers·' plana, books, documents and eo:Wie~ thing~ in his possession or under his control bearing in any way upon the matter so before him; and at the time and place appointed by the notice exaro.ine the person so notified to be present on oath touching the matter afore said.

(2) For the time lost and expenses incurred by any person in ob~dience to such notice such person shall be entitled to reasonable remuneration to be paid out of the general revenue fund by the Treasurer on the certif- icate of the minister.

Penalty for noncompliance Surveys of trails, etc. Location and width. l:ranual of tnstructions. - 13 ....

(3) Any person wilfully neglecting or r~9fusing in any way to comply with the notice of the distri~t surveyor and engineer or to be examined as l:tforesaid :-:hall be guilty of an offence and liable on

summary conviction to a fine of $25. and on nonpayment of such fine forthwith after conviction to imprisonment for one month. - SURVEYS ... 27. Tl1e minister may from time to time cause surveys to be made either by a duly qualified surveyor or by an engineer of any old trail which existetd as such prior to the subdivision of the land \'lhich it crosses into sections or any road allowance diversion or hew road; and one copy of the plans of such surveys approved by the chief engineer· shall be deposited in ,,. the land titles office for the land registration dis- trict withinwhich old trail, road allowance jiversion or new road is situated and a second copy shall be filed in the department.

(2) Such old trails, road allowance diversions or new roads shall be laid out one chain (or sixty-six feet) in width; and in making the survey of any old trail the surveyor or engineer may make such changes in the location thereof as he deems necessary without however altering its main direction.

(3) The minister mayfroro time to time prescribe a manual of instructions:· for the c:uidance of surveyors and engineers employed in making any surveys authorised by this Act; and may therein direct jhe manner in which such surveys shall be marked on the ground and the

Cloning u!) roads. Survey for public vrork. Exploration for public work, Fxprop:riation of lands for public works. - 14- plans and field notes of the same prepared. '"lO :~.1 '-.) • The minister may close up the whole or any portion of any road nllowance or other public :road and may deal with the land in any such road allowance or other public road as may seem expedient-

(2) All documents necessary to transfer the title I to the portion of any road allowance or other public trail which has been closed as herein provided shall be signed by the minister. The minister may cause to be made by 1:1 duly qualified surveyor the survey of any area required for any public building, dam, reservoir, ditch, drain or any other public work. ~>o.

The minister may from time to time cause to ~e made by any peroon approved of by him any ex ploration or investigation needed in connection with the examination of any port ion of the Provincj9 to determine the feasibility and cost of any proposed Imblic work. - LAUDS REQUIRED FOR PUBLIC WORKS -- 31 .• The minister may by survcjrors, engincer1:;, fore- mEm, agents, "C7WW'kmen and servantn,

(1) Enter upon and take possession of any lands in whomsoever vested required for any public work; Entering lands. (2 ) Enter into and upon any land to whomsoever belon13ing and survey and take levels of the same andtake such borings or sink such trial pits as he deems necessary for any purpose relative to a

Taking pose- ession. Deposit or removal of materials Roads. Drains. Divert streams or roads. - 15 - public work; 3. Enter upon and take possession of any land t,he appropriation of whioly is (in his judgment) nec etssary for the use, con~truotiolll, maintenance or re pair of any public work or for obtaining better access thereto; 4.

Enter with workmen, carts, carriages and horses· up<)n any land. and. deposit thereon. soil, earth, gravel, trees, bushes:, logs, poles, brush- ,rood. or other material found. on the land required for public work or for the purpose of digging up, quarrying and carrying away earth, stones, gravel or other material and cutting down and carrying away trees, bushes, logs, poles and brushwood there from for the making, constructing, maintaining or repairing the public .work; 5.

Make and use all such temporary roads to and from such timber, stone~, clay, gravel, sand or gravel pits as are required by him for the con venient passing to andfrom the works during their construction and repai4; 6. Enter upon any land for the purpose of making proper drains to carry off the •ater from the public work or for keeping such drains in repair. 7. Divert or alter (as well temporarily as permanently) the course of any brook, rivulet, road street or way or raise or sink the level of the sa.tne

Pipes, wires, poles. Removing fences. Constructing ditches. Obligation of land owner. Sidings, con- - 16 - 1n order to carry it over or under', on the level of or by the side of the public work as he thinks proper; but before discontinuing or altering· any public road an '· another convenient road in lieu thereof shall 'be sub- s~~itueed; and the land theretofore used for any road or part of a road so discontinued may be transferred. by the minister to, and shall thereafter become the property of, the owner of the land of which it origin ally formed a part; 8.

Divert or alter the positio~ of any water p:i.pe, gas pipe, sewer, drain or any telephone or electric light wire or pole.

Whenever it is necessary in thqbuilding, P.'.ain~aining or repairing of the public work to take dc>wn: or remove any wall or fence of any owner or oocupier of land or premiseB'jadjoining the public work or to conetruc:t any back ditch or drain for carrying off water, such wall or fence shall be replaced as soon as the necessity which caused its taking down o1· removal has ceased; and after the s-ame has been S() replaced or when such d.raint or back ditch is com pleted t~e owner or occupier of such land or premises shall maintain such wall or fence, drain or back ditch tt:> the same extent as such owner or occupier might be by law required to do if such wall or fence had never b«3en so taken down or removed or such drain or back ditch had always existed.

Whenever any gravel, stone, earth, sand or water duits or tracks. il3 taken as aforesaid at a distance from the public

Ri~ht of way. Survey and plan. - 17- work, the minister may cause to be laid down the necessary sidings, water pipes, or conduits or tracks over or throur,h nny lnnd intervening bet- ween the public work and the land on which such mate:ri ial or water is found whatever tho distance is; and all the provisions of this Act shall apply and may be used and exercised to obtain the right of way from the public work to the land on which such materials are situate; and sueh right may be acquir ed for a term of years or permanently as the minister thinks proper; and the powers in this

section contain~ ed may at all times be exercised and used in all res pects after the public work is constructed for the purpose of repairing and maintaining the same. 34. Lands tal~en for any public work shall be sur-. veyed and marked on the ground by a duly qualified surveyor or engineer who shall prepare a proper plan of the same, hut nothing herein contained shall be talcen to require such plan to be prepared before or at the time of the entry or taking possession of such lands as in the last preceding

section provided for;

(2) Every person who interruptS'., hinders: or molests any person while engaged under authority of the minis ter in removing any obstruction, making an examination for or in constructing, maintaining or repairing any public work or any works connected therewith on any land after the survey thereof has been approved by the miniater shall be guilty of an offence and upon

summary ~onYiction thereof liable to a penalty not exceeding $50.00 and costs or to imprisonment for a period not

Plan to be approved hy chief engin eer. - 18 - e~cceeding thirty days or to both. 3f5 ,, The plans of any lands required for any public W<)rk shall be examined and approved by the chi~::lf engin ec3r; and one copy thereof shall thereupon be f:iled in tre Applic-ation 3EL The minister may thereupon apply ex parte to a to judge for vesting order. judge of the supreme court for an order vesting in His Notice of compensation Ma.jesty every estate and interest in the lands shown on the plan in the next preceding

section mentioned; and the judge shall upon the production, to him of a C<:>py Of the Said plan certified by the minister or chief enp;ineer and a certificate of the minister stat ing that the said lands are required for the purposes o:l:" this Act make the s·aid order which shall ha·ve the effect of divesting all persons· other than His Majesty of any interest in the said land. 37. ·upon the filing in the Department of the plan of any land taken for any public vrork as hereinbefore provided the minister shall except in cases hereafter p:("ovided for cause to be served by ordinarr process of mail upon all persons show~ by the records of the land titles office to be interested in the lands so tl!:l.ken a notice s·etting forth the compensation which ht:! is ready to pay- for the lands so ·taken; Provided that when compensation is claimed by two or more personS' who are unable to agree as to a division thereof the minister may pay the same to the c1erk of the supreme court nearest to the land affeated to be paid out to the parties interested in such proport ions

Claim for -- 19 - as may be ordered by a judge of the supreme court on application therefor. 3e. If any person entitled tp compensation for increased lands taken for any public work is dissatisfied with compensation, tlle amount offered therefor· as herein provided he shall within one month from the date of the notice Compensation fixed by arbitration in case of disagreement. provided in the next preceding

section notify the minister in writing of such dissatisfaction and shall in such noticre state the amount he claims· as cc1mpensat ion for the lands so taken together w:l th a full statement of the facts in support of his claim, and in the event of no such claim for increased com- pemsation being received by the minister within the a sLid period the person entitled to compensation shall be1 deemed to be satisfied with and shall be bound to ac1cept.· the amount of compensation mentioned in the notice referred to in the next preceding

section hereof. 39. The minister shall connider such claim for in- creased comp ensation and shall notify the claimant of hjs decision in respect thereto by registered letter address eel to the claimant's last known place of abode .•

(2) Such claimant if dissatisfied with the decision of the minister may within sixty days after being notified as aforesaid of the decision of the minister give notice in writing to the minister which may be by registered claim le1tter that he will submit the"'m.t~e~ to arbitration and the said claim shall thereupon be submitted to arbitration and such arbitration shall be to two ar- bi.tra.tors· under the provisions of The Arbi trat:lon Or cUnance of the north West Territories.

·- 20 -

(3) If the claimant doespot sofnotify the minister and make the depoe it as in the next following sulo sect ion required within the s·aid period of sixty days from the regiB"tration of the notice mentioned in the firf~t subsection he shall be deemed to have accepted the minister's decision and shall not thereafter be at liborty to question it. (4~ The claimant shall with the notice of sub misl3 ion to arbi trat ioll' deposit with the minister as aecuri t7 for the costs of the arbitration a sum equal to ten per cent. of the amount claimed by him but not in any event leas than $25.

(5) All costs and expenses· of the arbitratio~ shall be paid by the claimant unles the arbitrators shall award him a sum at least ten per cent. greater tbm the amount fixed by the minister by his final decision and the minister shall be entitled to deduct his costs and expenses of the arbitration out of the moneys de posited by the claimant and the surplus, if any, shall be returned to the claimant.

(6) In the event of the claimant not being req-q.ired to pay the minister's coats of the arbitration the full amount deposited by him shall be returned to hizn,

(7) The only costa allowable upon any arbitration under this

section shall be arbitrators and witness fees.

(8) In estimating the amount to which the claimant is entitled the arbitrators sha:~l consider, and find

Director of ourveye. Official valuators.

Inspection and report. - 21 - sepftrately as to, the value of the land taken and of all improvements thereon the damage, if any, to the remaining property of the claimant and the original cost only of any extra fencing which may be neoe1esary by reason of the taking of the land and if the value of the remaining property of the Claimant is increased by reason of the construction of the public work through his property the increase of value shall be deducted from the amount so estimated and found and the balanc~, if any, shall be the amount awartied to the claimant. - DIRECTOR OF SURVEYS - 40.

The Lieutenatt Governor in Council may appoint a duly qualified Dominion Lands Surveyor to be Director of 8urveys for the province, and m.ay define the dut iee of !:3UCh officer and fix the remune:rat ion to be paid to him for his services. - OFFICIAL VALUATORS - 41. The Lieutenant Governor in Council may appoint one or more competent persons ashfficial valuators and may define the duties of such officers and fix the re mun~9ration to be paid them for their services. 42.

The minister may employ any official valuator to :tnspect and report regarding the value of any lands taken for public ':rorks, and may empower such valuator to make an offer of compensation to the owner of the lancis so tal:en and such offer shall have the aam·e for ce and effect as if made by the minister under the provis: ions of

Section 35 of this Act.

- 22 .... Suppression of 43. If any resistance or opposition is made1 by any resistance to Tlerson to thetaking by the minister or any pers.on minister. authorised by him of lands for public works as pro vided by this Act a judge of the supreme court of the North West Territories may on proof of the proper tak~ ing of such lands as hurein provided issue his warrant to the sheriff of the judicial district within which such lands are situated directing him to put down Provisions of f!ecs. 31 to ··41 retro a.qtive.

Adminis• tra:t ion and r,isposal of public lands. such resistance or opposition and t.o put the minister or some etRe~ person acting for him in possession of such lands; and the sheriff shall take with him sufficient assistance for such purpose and shall put down such resistance or opposition and shall put the minister, or the person acting for him in·possession thereof; and shall for\P,with make a return to the supreme court of such warrant· and of the manner in which he executed the same. 44.

The provisions of sections 31 to 41 incldsive of this Act in so far as they are applicable shall a·pply to all casea· of the taking of lands for public wc1rks proceedings for which have been begun before the cc1ming into force of this Act, but have not been com- JJleted by the transfer of such lands to His Majesty. 4Ei. The minister shall have the administration and management of all lands taken for public works as here- in provided and of all other lands the property of the Province; and such lands may be disposed of from time tc1 time under regulations to be prescribed by the Lieutenant Governor in Council.

(2) Theaid lands when required to be leased or

Public ferries. j'ic-encre for private ferry• Licence to specify tolls, etc. Lic·eno-e to be posted up. - 23 - transferred may be so leased or transferred under the hand and official seal of the minister. - PUBLIC FERRIES - 46. The minister may when he deems it expedient to do so establish and maintain a public ferry or ferries on any river, stream or other body of water in the Provine-~; and may operate such ferry or ferries as a public work collecting thereon such tolls as he may fix and determine • ... PRIVATE FERHIES .... 47.

The minister may from time to time issue an annual liaencre to any person or persons for 1;he establishment and operation of a private ferry or ferries on any river, strean1 or other body of water in the Province granting the e:x:clusi ve right to main tain and operate the said ferry or ferries within the limits specified in such licence and upon such terms· as he may deem fit. 48.

Every ferrT livence granted shall specify the maximum rate of to~lls which may be charged on such :ferry, the kind and size of the scow, barge or boat to be used in such ferrying, the limits of the river, 1atream or other body of water within which such ferry :is to be operated and the hours during which such :rerriea shall be operated. ·49. Evory person holding a licence for a ferry

No tolls to be charged school children. Mails not to be obstructed. Punishment of persons refus- - 24 - shall keep it p~ed up at all times in a con spicuous place on such ferry. 50. Notwithstanding anything contained in this Act no toll shall be charged :for children g~oing to or returning from school and in no case shall His Majesty's mail be obstruated or a higher rate be charged forthe conveyance thereof than the :ratets that may be charged according to the terms of the licence between the hours of six o'clock in the morning and nine o'clock in the evening, 51.

If any person using an authorised :tterry re• fuses to pay the authorised toll or rates chargeable in~ to pay tolls.for ferrying him or hie property the licencee of such ferry may forthwith seiz~~ any property-- in· possession of the offender then being ferried and hold the same; and such person shall be guilty of Approaches~ to ferry to be kept in order. an offence and upon

summary ccmviction there~of shall be liable t~ a penalty not exceeding $50. and in default of payment thereof to imprisonment for a period not exceeding two months; and the property go s·eized shall be liable for the payment of the fine and the toll and the erst e1 of the prosecution and may be sord under distress· warrant to satisfy such charges·. 52. The immediate approaches to every ferry ohall be kept in such order and condition by the 1 licenoec as is neoassary to make the ferry a.ccessible • f. ,; at·a.ll times for loaded vehicles and animals attached thereto "rithout 1 d.anger or injury.

Ferry not to injure ford. Punishment for inter ference YTi th rdlghts of licensed ferrymen. Licence~ to provide small boat or canoe. - 25 .... 53. A fery on any stream, river or other body of wat19r that may be fordable at any time shall not be used to block up or injure such ford or fords· or the landing therefrom; nor shall the lioencee do any act whic:h will make the ford on any such stream, r~ver or oth1:1r body of water more difficult or dangerous than it would otherwise have been. 54.

Any person unlawfully interfering with tho rights· of any licensed ferrymen by taking, carrying or conveying within the limits of any such ferry licehce acr1:>as the stream, river or other body of water on which the same is situate anyperson or personal prop erty or any vehicle or animal in any scow, barge or boa·t or any raft or other contrivance for hire or req:ard or hindering or interfering with ·s1,1.ch licenoee in any way shall be guilty of an offence and upon

summary conviction thereof shall be liable to a pen al t:r not exceeding $100. for each such off en~ and in default of payment thereof to imp~isonment for any period not exceeding three months. - PROVISION FOR LOW WATER- 55. In case the water in any s-tream, river or other body of water in respect of \Vhich the licence for the ope:L"a.tion of a ferry has been issued becomes too shallow to permit of such ferry· being operated the licencee shill provide and keep a small boat or canoe vri th which he shl;Lll transfer foot passengers and their baggage acros s such stream, river or other body of water·; and for such service the lio'6ncee shall be allowed to charge the fees

Inspecrtion of ferries. Penalty for violating terms of licence or Act. Fees to be paid to general rev Anne fund. - 26 - prescribed in his licence for like services by means of the ferry. - INSPECTION OF FERTIIES - 56.

The minister may from time to time appoint such person as he may see fit to inspect and report on the condition of any ferry Clr with reference to the complaint of any person using or desiring to use such ferry; and if at any time the person or persons holding a ferry licence fail to comply with the written instructions of the minister by neglecting to repair anf,scow, barge or boat used in connection with such ferry or to provide a new scow, barge or boat in place of any one conaidered as being unsafe or by not providing safe and suff- icient immediate approaches to such ferry he or they shall forfeit his or their licences. - PENALTIES FOR OFFENCES BY LICENCEES - 57.

Any licencee violating any of the terms or conditiono of his licence or of this Act shall be guilty of an offence and be liable on

summary conviction there of to a penalty not exceeding $50. and in default of pay ment thereof to imprdH::!onment for any period not e'xceeding <:me month unless the fine and c,osts are sooner paid; and !:Jhall l1e further liable to forfeit his licence under the iirection of the minister. E;s. .All money received for ferry licences, fees or bonuses under this Act shall be deposited to the credit of the general revenue fund of the "Province.

Penalty for unlicensed ferry. Penalty for ol)struot ing public high way. Penalty for injuring public work. Traffic on bride;es. - 27 - 59. Any person operating a private ferry without having first obtained a.licence therefor as provided by this Act shall be guilty of an offence and upon !:3ummary conviction thereof shall be liable to a fine ()f $10. for each and every day that such ferry is operated without such licence. - PROTECTION OF PUBLIC WORKS - E~O. Any person who obsteuct s or interferes in any manner with any road allowance or other surveyed high- v..ray vested in His 'Majesty as herein provided shall be guilty of an offence and upon

summary conviction there Cif shall be 1 iable to a fine not exceeding $50. or im prisonment for thirty days or both. 611. Any person who carelessly or wilfully breaks, cuts, fills up or otherwise injures any public work nhnll be guilty of an offence and upon

summary con viction thereof be fined a sum not exceeding ~100. and costa and in default of payment after conviction may be imprisoned for a period not exceeding sixty days; and the just ice of the pea.ce may further order the offender to forthwith repair any such damage or remove any obstruction as aforesaid.

(2) Any person who rides or drives any horse, mule o:r horned cattle upon or across any bridge the property of His Majesty at a pace faster than a walk shall be p;uilty of an offence and shall be liable upon

summary ccmvict ion thereof to a penalty n,9'k exceeding ~25.

Obstructing hri4r;es. Registration of plan to vest street, etc. in nrO\Vn. - 28 -

(3) Any person who wilfully, and without lawful excuse, places any obstruction on any bridge the property of His Majesty or who in any way prevents, hinders or causes delay to any person desiring to travel across such bridge shall be guilty of an offence and shall be liable upon sur:mary conv:i.ction thereof to a penalty not exceeding $50.

(4) Every person who uses any bridge or culvert the property of Hie1 Hajesty in connection with. the movement of any portable steam engine or any steam traction enr:ine shall provide sufficient plank or timbers of not less than three inches in thickness and ten inches in width, twelve feet or over to be laid longitudmnally upon the floor of such bridge or culvert under the wheels of such portable steam en- gine or steam traction engine; and any person net,lect- inr; or refusing to provide and use such planks ohall b~9 r;uil ty of an offence and liable upon

summary c<m viction thereof to a penalty not exceeding $50. - GENERAL - G:',. The ree;istrat ion in the land t i tleo offic~l of the plan of the subdivision into lots or blocks of any land not within the limits of an incorporated city or town shall vest the title to all streets, lanes, parks or other reserves for public purposes sho··.'n on such plan in His Majesty; and no chango or alteration in the boundaries of any such street, lane, park or publi(') reserve sha11 be made without the cons·cnt of the minister having been first CJbtained.

Opening of road on petition o.nd payment of expenses. Lieutenant Governor to prescribe forms. Repeal. - 29 - 63.

If any one or more persons petition the minister for the opening of a road through any land and the minister is of the opinion that such road may be reasonably opened for the convenieno·e and benefit of such person or persona as afore~aid but that such road is not required in the interest of the publi~ generally the minister may require the said person or persons to deposi~ with the provincial treasurer such sum as he considers sufficient to cover the cost of opening the road and paying com penaation in connection therewith and if the said road or any road which in the opinion of the minister will be of equal or nearly equal :::onvenience and benefit to such person or persons as aforesaid ia thereafter opened the sum so depoeJ'i ted or so much there4::>f aa may be necessary may be applied towards paying the expenses· of opening tho ro.ad' and paying compensation in connection therewith and any balance which remain~ shall be repaid to such person or persons as aforesaid. 64.

The Lieutenant Governor in Council may from time to time make such regulations and prescribe such forms a:::~ may be deemed necessary for the proper carry- ing into effect of the provisions· of this Act. 65. ~ Er£:~e cD::Ap::t:::; 4: e:f t::: O?::ift:s:.naes ~£ lQOl, Gh~p'bep ~ Sr ee of 905, a--- 8e~::nel'l al'l:d C'hapteP ~ -of 7 t1H~ Qrdiaaneee of 190 4 al'9 he;r;e'Oy ;r;&p&ale(J .•

Title: 1906 (1st, 1st) Bill 17,

An Act Respecting Public Works

Document details

Collection	Alberta — Bills
Citation	L1 S1 10445
Type	bill
Volume / chapter	L1 S1 10445
Language	en
Format	json
Source	PROVINCIAL
Identifier	f3f905bdb5719f271aa731d723538fb79f22f98f

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