1898 AGRICULTURE Cap. 8 2 to department stitutions, incorporated companies and all public officers of the information Territories and all medical practitioners and veterinary surgeons shall promptly answer all communications from the de partment; and shall from time to time collect and tabulate facts according to instructions to be furnished them from the department; and shall make diligent efforts to supply correct information on all questions submitted to them; and any such person neglecting or refusing to comply with the aforesaid visions of this section (when requested to so comply by the minister) shall be guilty of an offence and on summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $25. No. 18 of 1897, s. 7. pro CHAPTER 9. An Ordinance Respecting the Department of Public THES HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. Short title "Department" "Commissioner 'Deputy 1. This Ordinance may be known and cited as "The Public Works Ordinance." No. 17 of 1897, s. 1. INTERPRETATION 2. In this Ordinance unless the context otherwise requires1. The expression "department" means the department of public works for the North-West Territories; 2. The expression "commissioner" means the member of the Executive Council under whose direction this Ordinance is administered; 3. The expression" deputy commissioner " means the Deputy commissioner" Commissioner or the person performing his duties for the time Organisation being; 4. The expression "district engineer" means the district engineer and surveyor for any public works district created under the provisions of this Ordinance; 5. The expression "public works district" means any portion of the Territories which may from time to time be set aside as a public works district with a distinctive name; 6. The expression "surveyor" means a Dominion land surveyor duly authorised under the provisions of The Dominion Lands Act to survey Dominion lands; 7. The expression "arbitrator " and " arbitrators" respectively mean an arbitrator and arbitrators appointed and acting under this Ordinance. No. 17 of 1897, s. 2. ORGANISATION AND DUTIES OF THE DEPARTMENT. 3. There shall be a department of the public service of the of department North-West Territories called the department of public works over which the member of the Executive Council appointed by the Lieutenant Governor under the seal of the Territories Commissioner to discharge the functions of the Commissioner of Public Works for the time being shall preside. No. 17 of 1897, s. 3. of public works Administration 4. The commissioner shall have the administration, management and control of the department and of the general business thereof and shall oversee and direct the officers, clerks and servants of the department. No. 17 of 1897, ss. 4, 5. 5. The commissioner shall also have the management, charge Government and direction of the construction of and the heating, lighting, buildings furnishing, maintenance and keeping in repair of all Government buildings. No. 17 of 1897, s. 6. to care for 6. With the approval of the Lieutenant Governor in Council Appointment the commissioner shall also appoint and control the officers and of officials servants necessary for the proper care and maintenance of the government government buildings. No. 17 of 1897, s. 7. buildings 7. The commissioner shall also have the control and manage- Surveys and ment of all surveys of old trails, of road allowance diversions, explorations of new roads and of other surveys and explorations required by the Government and of the issue of any and all maps and plans Maps and needed by the department or by any other departiment of the plans North-West Government; he shall also deal with all questions affecting changes in or obstructions to any road allowance or Public public highway which has been vested in the North-West Gov- highways ernment 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 such private or public ferries as may be needed on any river or Ferries stream in the Territories; and shall have such other powers and duties as may from time to time be assigned to him by the Lieutenant Governor in Council. No. 17 of 1897, s. 8. commissioner 8. The Lieutenant Governor in Council may appoint an Deputy officer who shall be called the deputy commissioner who shall also be chief engineer and surveyor and who shall be the deputy or assistant to the commissioner. No. 17 of 1897, s. 9; No. 40 of 1898, s, 2. commissioner 9. The deputy commissioner shall prepare maps, plans, Duties of specifications and estimates for all public works which are deputy about to be constructe i, altered or repaired as directed by the commissioner; he shall report for the information of the commissioner 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 engineers architects and officers in respect to any public work; and generally he shall advise the commissioner on all surveying, engineering and architectural questions affecting any public work; he shall also prepare reports and conduct (under the direction of the commissioner) the correspondence of the department and see that all contracts entered into by the commissioner 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 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 commissioner. No. 17 of 1897, s. 10. Appointment of district engineers and surveyors Accounts may be attested on oath Examination of witnesses Compelling attendance Remuneration Penalty for non compliance Public works, etc., to be the property of and controlled 10. The Lieutenant Governor in Council may appoint one or more competent persons to act as district engineers and surveyors in such portions of the Territories as may be from time to time set aside by the commissioner as public works districts; and the remuneration as well as the duties of such officers shall be settled and defined by the Lieutenant Governor in Council. No. 17 of 1897, s. 11; No. 40 of 1898, s. 2. VERIFICATION OF ACCOUNTS. 11. The commissioner may require any account sent in by any person employed by the department to be attested on oath, which oath (as well as that to be taken by any witness) may be administered by the commissioner or by the deputy commissioner. No. 17 of 1897, s. 12. ATTENDANCE OF WITNESSES. 12. The commissioner 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 action 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 commissioner. (3) Any person wilfully neglecting or refusing in any way to comply with the notice of the commissioner or to be examined as aforesaid shall be guilty of an offence and liable on summary conviction to a fine of $25 and on non-payment of such fine forthwith after conviction to imprisonment for one month. No. 17 of 1897, s. 13. PUBLIC PROPERTY. 13. All lands, streams, water courses and property (real or personal) heretofore or hereafter acquired for the use of public Her Majestyed Works; all dams, hydraulic works and other works for improvby department ing the navigation of any water; all slides, dams, piers, booms and other works for facilitating the transmission of 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 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 Territories and not under the control of the Dominion Government; shall be and remain vested in Her Majesty and so far as not under the control of any other department shall be under the control of the department of public works. No. 17 of 1897, s. 14. may be 14. 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 public works 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 Ordinance; and they shall thenceforth be vested in Her Majesty and under the control of the department. No. 17 of 1897, s. 15. property may 15. Any person having possession of any maps, plans, Maps, etc.. specifications, estimates, reports or other papers, books, draw- not private ings, instruments, models, contracts, documents or records relat- be required by ing to public work who refuses or neglects (upon demand of the department commissioner 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 non-payment forthwith on conviction to imprisonment for one month. No. 17 of 1897, s. 16. be sold 16. Any property (real or personal) when no longer required Public for the use of any public work may be sold, leased or otherwise property may disposed of under the authority of the Lieutenant Governor in Council; and the proceeds of all such sales, leases and dispositions shall be accounted for as public money: Provided always that such property shall whenever practic- Proviso able be so sold, leased or disposed of by tender or public auction. No. 17 of 1897, s. 17. ANNUAL REPORT OF DEPARTMENT. 17. The cominissioner shall make and submit to the Lieu- Annual tenant Governor an annual report on all the works under the report control of the department to be laid before the Legislative Assembly within ten days from the commencement of the session next following the end of the year for which such report is made, showing the state of each work and the amounts received and expended in respect thereof, with such further information as may be requisite to enable the Legislative Assembly to judge of the working of the department. No. 17 of 1897, s. 18. CONTRACTS. may enter into 18. The commissioner shall have power to enter into any Commissioner contract with any person or corporation that be may necessary contract or advisable in carrying out the provisions of any Ordinance of the Legislative Assembly; but no deeds, contracts or writings shall hereafter be deemed to be binding on the department nor shall be held to be the acts of the commissioner unless signed by him or by the deputy commissioner. No. 17 of 1897, s. 19. |