CHAPTER 11

An Act respecting the Department of Public

Works.

SHORT TITLE.

1. This Act may be cited as "The Public Works Act." Short title 1909, c. 9, s. 1.

INTERPRETATION.

2. In this Act unless the context otherwise requires:

ment"

1. The expression "department" means the department of "Departpublic works for Saskatchewan;

2. The expression "minister" means the minister of public "Minister" works for Saskatchewan;

3. The expression "deputy minister" means the deputy "Deputy minister or the person performing his duties for the time minister" being;

4. The expression "chief engineer" means the chief engineer "Chief of the department or the person performing his duties for the engineer" time being;

surveyor and engineer"

5. The expression "district surveyor and engineer" means "District the district surveyor and engineer for any public works district appointed as herein provided or any surveyor or engineer employed from time to time by the minister to perform any of the duties imposed upon district surveyors and engineers by this Act;

6. The expression "engineer" means such civil engineer or "Engineer” surveyor as is from time to time appointed by the Lieutenant Governor in Council;

works

7. The expression "public works district" means any portion "Public of the province which may from time to time be set aside as a district" public works district with a distinctive name;

8. The expression "surveyor" means a land surveyor duly "Surveyor" authorised under the provisions of The Dominion Lands Surveys Act and The Land Surveyors Act;

9. The expression "road allowance" means any road allow- "Road ance laid out under the provisions of The Dominion Lands allowance" Act;

road"

10. The expression "public road" means any road surveyed "Public and set aside as a public highway under the provisions of The North-West Territories Act or this Act;

11. The expression "ditch" or "drain" means any ditch or "Ditch" or drain opened or covered wholly or in part and whether in the

"drain"

"Construction"

"Maintenance"

"Public work"

"writing"

channel of a natural stream, creek or watercourse or not and also the work and materials necessary for any culvert, catch basins or guards; and any ditch or drain constructed by the department may be called "government ditch" and distinguished by a number;

12. The expression "construction" means the original work of constructing any public work or opening or making any road allowance, road, ditch or drain;

13. The expression "maintenance" means and includes the preservation and keeping in repair of any public work, road allowance, road, ditch or drain;

14. The expression "public work" means lands, streams, watercourses and property (real and personal) heretofore or hereafter acquired for public works; dams, hydraulic works and other works for improving the navigation of any stream; dams, slides, piers, booms or other works for facilitating the transmission of logs or timber; dams erected for the storage of water, water powers and works connected therewith, roads, culverts, bridges, ditches, drains, public buildings and wells, any drainage work within the meaning of The Drainage Act and any matter or thing done or to be done in connection therewith under and by virtue of the said Act;

"Written" or 15. The expression "written" or "writing" or terms of like import mean and include words printed, engraved, lithographed or otherwise traced or copied;

"Official valuator"

"Owner"

"Outlet"

"Person"

"Ferry" or "ferries"

"License"

"Land" or "lands"

16. The expression "official valuator" means the official appointed to that position as herein provided;

17. The expression "owner" includes any person who by any right, title or estate whatsoever is or is entitled to be in possession of any land;

18. The expression "outlet" means any river, creek, watercourse or natural drainage channel;

19. The expression "person" includes partnerships and companies;

20. The expression "ferry" or "ferries" means any scow, barge or boat used for the purpose of carrying passengers, freight, vehicles or animals across any river, stream or other body of water and the cable and appliances connected therewith;

21. The expression "license" means the license issued to any person to operate a ferry under the provisions of this Act;

22. The expression "land" or "lands" unless a contrary intention appears includes lands, messuages, tenements and hereditaments, corporeal or incorporeal, of every nature and description, and every estate or interest therein and whether such estate or interest is legal or equitable together with all paths, passages, ways, watercourses, liberties, privileges, ease

ments, mines, minerals and quarries appertaining thereto and all trees and timber thereon and thereunder lying or being. 1909, c. 9, s. 2.

ORGANISATION AND DUTIES OF THE DEPARTMENT.

3. There shall be a department of the public service of the Organisation Province of Saskatchewan called the department of public works over which the member of the Executive Council appointed by the Lieutenant Governor under seal of the province to discharge the functions of the minister of public Minister of works for the time being shall preside. 1909, c. 9, s. 3.

public works

tion

4. The minister shall have the administration, management Administraand control of the department and of the general business thereof; and shall oversee and direct the officers, clerks and servants of the department. 1909, c. 9, s. 4.

buildings

5. The minister shall also have the management, charge and Government direction of the construction, heating, lighting, furnishing, maintenance and keeping in repair of all government buildings. 1909, c. 9, s. 5.

of officials to

6. With the approval of the Lieutenant Governor in Council Appointment the minister shall also appoint and control the officers and care for servants necessary for the proper care and maintenance of the buildings government buildings. 1909, c. 9, s. 6.

government

plans

highways

7. The minister shall also have the control and management Control of of the construction and maintenance of all public works; and public works of the issue of any and all maps and plans needed by the Maps and department or by any other department of the provincial government; he shall also deal with all questions affecting obstructions to any road allowance or public highway which Public has been vested in the provincial government for public use including the crossing of such road allowances or public highways by irrigation ditches, canals or other works; and with the providing and maintaining of public or private ferries as herein Ferries provided on any river or stream or other body of water in Saskatchewan; and shall have such other powers and duties as may from time to time be assigned to him by the Lieutenant Governor in Council. 1909, c. 9, s. 7.

8. The Lieutenant Governor in Council may appoint an Deputy officer who shall be called the deputy minister who shall also minister be chief engineer and who shall be the deputy or assistant to the minister. 1909, c. 9, s. 8.

deputy

9. The deputy minister shall prepare or cause to be pre- Duties of pared maps, plans, specifications and estimates for all public minister works which are about to be contructed, altered or repaired. as directed by the minister; he shall report for the information of the minister on any question relating to any public work which is submitted 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 all surveying, engineering and architectural questions affecting any public work; he shall also prepare reports and conduct under the direction of the minister the correspondence of the department and see that all contracts entered into by the minister are properly drawn out and executed, that all letters, reports and other documents are properly copied or filed, as the case may be, and generally do and 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. 1909, c. 9, s. 9.

Director of surveys

Examination of witnesses

Compelling attendance

Remuneration

Penalty for noncompli

ance

Public works, etc., to be the property of

his Majesty

DIRECTOR OF SURVEYS.

10. The Lieutenant Governor in Council may appoint a duly qualified Saskatchewan land surveyor to be director of surveys for the province and may define the duties of such officer and fix the remuneration to be paid to him for his services; such Saskatchewan land surveyor shall also be a Dominion land surveyor. 1909, c. 9, s. 10.

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 such person deemed necessary touching any matter upon which his attendance is required; and may by the notice require such person to bring with him all papers, plans, books, 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 obedience 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 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 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. 1909, c. 9, s. 11.

PUBLIC PROPERTY.

12. 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, department booms and other works for facilitating the transmission of logs or timber; all dams erected for the storage of water; all

and controlled by

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 improvement of navigation; all drains and drainage works; all ferries; all wells; and all property heretofore or hereafter acquired, constructed, repaired, maintained or improved at the expense of the North-West Territories and 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. 1909, c. 9, s. 12.

may be

public works

13. The Lieutenant Governor in Council may from time to Other works time declare any other property (real or personal) and any declared works, roads, bridges, harbours, booms, 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. 1909, c. 9, s. 13.

not private

may be

department

14. Any person having possession of any maps, plans, Maps, etc., specifications, estimates, reports or other papers, books, property, drawings, instruments, models, contracts, documents or records required by relating to any public work who refuses or neglects upon demand of the minister or other person authorised to require it forthwith to deliver the same to the department shall be guilty of an offence and liable on summary conviction thereof to a penalty of $25 and on nonpayment forthwith on conviction to imprisonment for one month. 1909, c. 9, s. 14.

property

15. Any property (real or personal) when no longer Public required for the use of any public work may be sold, leased or may be sold otherwise disposed of under the authority of the minister; and the proceeds of all such sales, leases and dispositions shall be accounted for as public money:

Provided always that such property shall whenever Proviso practicable be so sold, leased or disposed of by tender or public auction. 1909, c. 9, s. 15.

tion and

16. The minister shall have the administration and man- Administraagement of all lands taken for public works as herein provided disposal of and of all other lands the property of the province; and such public lands lands may be disposed of from time to time under regulations to be prescribed by the Lieutenant Governor in Council.

(2) The said lands when required to be leased or transferred may be so leased or transferred under the hand and seal of the minister. 1909, c. 9, s. 16.