Doing or aid

ing in doing

den by Act.

81. Any person who shall knowingly and wilfully perthings forbid form, commit or do, or participate in performing, committing or doing, or who shall knowingly and wilfully cause, participate or join with others in causing, any public utility or corporation or company to do, perform or commit, or who shall advise, solicit, persuade or knowingly and wilfully instruct, direct or order any officer, agent or employee of any public utility, corporation or company, to perform, commit or do any act or thing forbidden or prohibited by this Act, shall be guilty of an offence against this Act. 2 Geo. 5, c. 66, s. 54.

Neglect of

duty imposed by Act.

Disobedience of Act by

82. Any person who shall knowingly and wilfully neglect, fail or omit to do or perform, or who shall knowingly and wilfully cause or join or participate with others in causing any public utility, corporation or company to neglect, fail or omit to do or perform, or who shall advise, solicit or persuade, or knowingly and wilfully instruct, direct or order any officer, agent or employee of any public utility, corporation or company to neglect, fail or omit to do, any act or thing required to be done by this Act, shall be guilty of an offence against this Act. 2 Geo. 5, c. 66, s. 55.

83. Any public utility, corporation or company which public utility. shall perform, commit or do any act or thing hereby prohibited or forbidden, or which shall neglect, fail or omit to do or perform any act or thing hereby required to be done or performed by it, shall be guilty of an offence against this Act. 2 Geo. 5, c. 66, s. 56.

Amount and enforcement of penalties.

Rights and penalties

under other Acts not affected.

84. Every person or public utility guilty of an offence under this Act shall, in addition to all other penalties, be liable, on summary conviction before a police magistrate or two justices of the peace, to a fine of not less than fifty dollars nor more than five hundred dollars, besides costs of prosecution, and, in default of payment, if an individual, to imprisonment for a term not exceeding six months. 2 Geo. 5, c. 66, s. 83.

85. This Act shall not have the effect to release or waive any right of action by the commission or by any person for any right, penalty or forfeiture which may have arisen, or which may arise, under any of the laws of this Province, and any penalty or forfeiture enforceable under this Act shall not be a bar to or affect the recovery for a right, or affect or bar any action at law or prosecution, against any public utility, or person or persons operating such public utility, its officers, directors, agents or employees. 2 Geo. 5, c. 66, s. 57.

CHAPTER 167.

An Act respecting Public Works and the Department of
Public Works.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

SHORT TITLE.

1. This Act may be cited as "The Manitoba Public Works Act." R.S.M. c. 144, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires,

(a) the expression "Department" means the Depart-"Department of Public Works for Manitoba;

(b) the expression "Minister" means the Minister of "Minister." Public Works presiding over the Department;

(c) the expressions "arbitrator" and "arbitrators" re- "Arbitrator." spectively mean an arbitrator and arbitrators appointed and acting under this Act. R.S.M. c. 144, s. 2.

ORGANIZATION AND FUNCTIONS OF DEPARTMENT.

3. There shall be a Department of the civil service of Department. Manitoba, to be called "The Department of Public Works," over which the Minister of Public Works for the time being, Minister. appointed by commission under the great seal of the Province, shall preside; and he shall hold office during pleasure, and have the management and direction of the Department. R.S.M. c. 144, s. 3.

have admin

4. The Minister shall have the administration and man- Minister to agement of the Department and the general control of the istration of. business thereof. R.S.M. c. 144, s. 4.

and direct

clerks, etc.

5. The Minister shall oversee and direct the officers, To oversee clerks and servants of the Department and may suspend officers. from duty any officer or servant of the Department who refuses or neglects to obey his instructions as such Minister. R.S.M. c. 144, s. 5.

To have charge of public buildings.

Appoint and control officials in charge of Government buildings.

Plans and estimates for

etc., of public works.

6. The Minister shall also have the management, charge and direction of the heating, maintenance and keeping in repair of the Government buildings at the seat of government and elsewhere, and of all court houses, gaols, asylums and other public buildings belonging to or controlled by the Government of Manitoba, and any alterations from time to time requisite therein, and the supplying of furniture and fittings or repairs to the same. R.S.M. c. 144, s. 6.

7. With the approval of the Lieutenant-Governor-inCouncil, the Minister shall also appoint and control the officers necessary for the proper care and maintenance of all Government buildings, and shall have charge of the construction of new 'Government buildings, and shall have such other powers and duties as may be assigned to him by the Lieutenant-Governor-in-Council:

Provided that nothing in this Act shall interfere with the powers given to the Municipal Commissioner, nor shall it be construed in such manner as to authorize the appointment or control of the sheriffs or deputy sheriffs or the other officers of the court or prisons now under the control of the Department of the Attorney-General, but only such officers and employees as are requisite in the care and maintenance of the several buildings and grounds; but this section is intended to and does include the engineers, firemen and caretakers of asylums, court houses and all other public buildings belonging to or controlled by the Government of Manitoba. R.S.M. c. 144, s. 7.

8. It shall be the duty of the Minister to cause to be construction, prepared maps, plans and estimates for all public works which are about to be constructed, altered or repaired by the Department, to report on any question relating to public works which may be submitted to him, to examine and revise all the plans, estimates and recommendations of other officers, to check and verify all certificates and accounts respecting public works and repairs, and, generally, to advise the Department in all architectural and engineering questions affecting public works. R.S.M. c. 144, s. 8.

Secretary

and other officers.

Duties of secretary.

9. The Lieutenant-Governor-in-Council may appoint a secretary and an accountant, and such other permanent officers as may be necessary for the proper conduct of the Department. R.S.M. c. 144, s. 9.

10. It shall be the duty of the secretary to prepare reports and to conduct under the direction of the Minister

the correspondence of the Department to see that all contracts are properly drawn out and executed to see that all letters, reports and other documents are properly copied or filed, as the case may be, and, generally, to do or perform all such acts and things pertaining to the business of the Department as he may from time to time be directed by the Minister. R.S.M. c. 144, s. 10.

accountant.

11. It shall be the duty of the accountant to check all Duties of accounts relating to public works, to mark thereon the appropriation to which the same are properly chargeable, to keep all necessary books and accounts relating to appropriations for public works and the expenditure in respect thereof, and, generally, to do and perform all acts and things pertaining to the business of the Department as he may be from time to time directed by the Minister. R.S.M. c. 144, 8. 11.

tors, how

and paid.

12. The Lieutenant-Governor-in-Council may appoint Road Inspectwo or more competent persons to act as road inspectors appointed throughout the Province, and the remuneration as well as the duties of such officers shall be settled and defined by the Lieutenant-Governor-in-Council. R.S.M. c. 144 s. 12.

of public

13. The Lieutenant-Governor-in-Council is hereby au- Inspector thorized to appoint an officer to be called the "inspector of institutions. public institutions." R.S.M. c. 144, s. 13.

14. The said inspector of public institutions shall, as His duties. required by the Minister, inspect all buildings, offices and institutions under the control of the Government of Manitoba and all institutions receiving aid from the revenues of this Province, and shall report upon their condition and management, and shall also perform whatever other duties may be assigned to him by the Minister. R.S.M. c. 144,

s. 14.

require

15. The Minister may require any account sent in by Minister may any person employed by the Department to be attested on accounts sent oath, which oath, as well as that to be taken by any witness, on oath. the Minister may administer. R.S.M. c. 144, s. 15.

in attested

persons and

reference to matters

16. The Minister may send for and examine on oath, Powers of all such persons as he deems necessary touching any matter examining upon which his action is required, and may cause such per- papers in sons to bring with them such papers, plans, books, documents and things as it may be necessary to examine with reference requiring his to such matter, and may pay such persons a reasonable com

action.

Property,

works, etc., when vested in His

Majesty and

of Department.

pensation for their time and disbursements; and such persons shall attend at the summons of the Minister, after due notice, under a penalty of twenty-five dollars in each case. R.S.M. c. 144, s. 16.

PUBLIC PROPERTY.

17. All lands, streams, watercourses and property, real or personal, heretofore or hereafter acquired for the use of public works, all dams, hydraulic works and other works for improving the navigation of any water, all slides, dams, piers, booms and other works for facilitating the transmission of timber, all hydraulic powers created by the construction of any public works, all roads and bridges, all public buildings, all vessels, dredges, scows, tools, implements and machinery for the improvement of navigation, all drains and drainage works, and all property heretofore or hereafter acquired, constructed, required, maintained or improved at the expense of the Province, and not under the control of the Dominion Government, shall be and remain vested in His Majesty and, so far as not under the control of any other Department, shall be under the control of the Department of Public Works. R.S.M. c. 144, s. 17.

18. The Lieutenant-Governor-in-Council may from time to time, by proclamation, declare any other property, real or personal, and any works, roads, bridges, harbors, booms, under control slides, buildings or other things specified in the last preceding section, and purchased or constructed at the public expense, to be public works, subject to the provisions of this Act; and they shall thenceforth be vested in His Majesty and under the control of the Department. R.S.M. c. 144, s. 18.

require any papers, etc.. not private

property and

relating to public work

Minister may 19. The Minister, with the approval of the LieutenantGovernor-in-Council, may require any person or any Provincial officer having the possession of any maps, plans, specifications, estimates, reports or other papers, books, drawings, instruments, models, contracts, documents or records relating to any public work and not being private property to deliver the same without delay to the Department. R.S.M. c. 144 s. 19.

to be handed

to Department.

All public works to be

controlled by

20. All public works hereafter constructed or completed at the expense of the Province shall, unless otherwise proDepartment. vided by law, be under the control of the Department and subject to the provisions of this Act. R.S.M. c. 144, s. 20.

Minister to direct con

21. The Minister shall direct the construction, maintenstruction, etc.. ance and repair of all public works in progress, or construct