CHAPTER 39.

An Act respecting the Public Works of Canada.

SHORT TITLE.

1. This Act may be cited as the Public Works Act. R.S., Short title. c. 36, s. 1.

APPLICATION.

2. This Act is divided into two parts.

Part I. applies Division of exclusively to the Department of Public Works and the public Act. works and property under the control of that Department. Part II. is not by this section limited in its application.

PART I.

INTERPRETATION.

3. In this Part, unless the context otherwise requires,-
(a) Minister' means the Minister of Public Works;
(b) Department' means the Department of Public Works;
(c) 'public work' or public works' means and includes
any work or property under the control of the Minister.
R.S., c. 36, s. 2.

DEPARTMENT OF PUBLIC WORKS.

Definitions.

4. There shall be a department of the Government of Canada Departwhich shall be called the Department of Public Works, over ment. which the Minister of Public Works for the time being, appointed by commission under the Great Seal of Canada, shall preside.

2. The Minister shall have the management and direction of Minister. the Department, and shall hold office during pleasure. R.S., c. 36, s. 3.

5. The Governor in Council may appoint the following offi- Deputy and cers who shall hold office during pleasure:

(a) An officer who shall be called the Deputy Minister of Public Works, and who shall be the chief officer of the Department;

officers.

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(b)

Duties of
Secretary.

Acting

secretary.

Duties of chief engineer and

chief architect.

(b) A secretary for the Department;
(c) One or more chief engineers;

(d) A chief architect;

(e) Such other officers as are necessary for the proper conduct of the business of the Department. R.S., c. 36, s. 4.

6. The Secretary of the Department shall, unless otherwise directed in any case by the Minister,

(a) keep separate accounts of the moneys appropriated for and expended on each public work;

(b) submit such accounts to be audited in such manner as is appointed by law or by the Governor in Council;

(c) have charge of all plans, contracts, estimates, documents, titles, models and other like things relating to any such work;

(d) keep proper accounts with each contractor or other person employed by or under the Department;

(e) see that all contracts are properly drawn up and executed;

(f) prepare all certificates upon which any certificate for the
payment of money is to issue;

(g) keep minutes of all proceedings of the Department;
(h) prepare reports and conduct under the direction of the
Minister the correspondence of the Department;
(i) generally do and perform all such acts and things apper-
taining to the business of the Department as are from time
to time required by the Minister. R.S., c. 36, s. 5.

7. In case of the absence of the Secretary, or of his inability to act, the Minister may, in writing, authorize some other offi cer of the Department to act, for the time, in his stead. R.S., c. 36, s. 4.

8. The Chief Engineer or the Chief Architect shall,—
(a) prepare maps, plans and estimates for all public works
which are about to be constructed, altered or repaired;
(b) report for the information of the Minister on any ques-

tion relating to any public work which is submitted to him; (c) examine and revise the plans, estimates and recommendations of other engineers, architects and officers in respect of any public work;

(d) generally advise the Minister on all engineering or architectural questions affecting any public work. R.S., c. 36, s. 6.

Matters

under the

control of

POWERS OF THE MINISTER.

9. The Minister shall have the management, charge and direction of the following properties belonging to Canada, and

the Minister. of the services in this section enumerated, namely:

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(a)

(a) The dams, the hydraulic works, the construction and
repair of harbours, piers and works for improving the
navigation of any water, and the vessels, dredges, scows,
tools, implements and machinery for the improvement of
navigation;

(b) The slides, dams, piers, booms and other works for
facilitating the transmission of timber, the collection of
slidage and boomage dues and matters incident thereto,
and the officers or persons employed in that service;
(c) The roads and bridges;

(d) The public buildings;

(e) The telegraph lines;

(f) The heating, maintenance and keeping in repair of the
Government buildings at the seat of government and any
alteration from time to time requisite therein, and the
supplying of furniture and fittings or repairs to the same;
(g) All such portions of the property known as the Ord-
nance property as were transferred to the Government of
the late province of Canada or to the Government of
Canada by the Government of the United Kingdom, and
afterwards placed under the control of the Department;
and,
(h) All other property which now belongs to Canada and
the works and properties acquired, constructed, extended,
enlarged, repaired or improved at the expense of Canada,
or for the acquisition, construction, repairing, extending,
enlarging or improving of which any public money is voted
and appropriated by Parliament, except works for which
money has been appropriated as a subsidy only, and every
work required for any such purpose. R.S., c. 36, s. 7;
52 V., c. 19, s. 2.

10. Nothing in the last preceding section shall be deemed Exceptions. to confer upon the Minister the management, charge or direction of such public works as are,

(a) lawfully transferred to any province forming part of Canada;

(b) leased, sold or otherwise lawfully transferred to muni-
cipalities, incorporated companies or others, unless the
same are subject to be and are resumed by His Majesty in
virtue of the provisions of any Act, or of any lease, sale or
transfer thereof, or relating thereto;

(c) by or under the authority of this Act or any other Act
of the Parliament of Canada, placed under the control and
management of any other minister or department; or,
(d) by proclamation abandoned, or left to the control of
municipal or local authorities. R.S., c. 36, s. 7.

11. The Governor in Council may, by proclamation, de- Works may clare any public road or bridge under the management and be with. control of the Minister to be no longer under his management Minister's

drawn from

control.

Construction and repair.

Parliamen

tary sanction.

Attesting

accounts of contractors.

Power to examine per

and control; and upon, from and after a day to be named in the proclamation, such road or bridge shall cease to be under the management and control of the Minister, and no tolls shall thereafter be levied thereon under the authority of this Act. R.S., c. 36, s. 15.

12. The Minister shall direct the construction, maintenance and repair of all harbours, roads or parts of roads, bridges, slides and other public works or buildings constructed or maintained at the expense of Canada, and which are placed under his management and control. R.S., c. 36, s. 9.

13. Nothing in this Act shall authorize the Minister to cause expenditure not previously sanctioned by Parliament, except for such repairs and alterations as the necessities of the public service demand. R.S., c. 36, s. 10.

14. The Minister or the Deputy Minister may require any account sent in by any contractor, or by any person in the employ of the Department, to be attested on oath, which oath, as well as that to be taken by any witness, may be administered by the Minister or the Deputy Minister. R.S., c. 36, s. 11.

15. The Minister may send for and examine, on oath, all sons on oath. such persons as he deems necessary, respecting any matter upon which his action is required, and may cause such persons to bring with them such papers, plans, books, documents and things as it is necessary to examine with reference to such matter, and may pay such persons a reasonable compensation for their time and disbursements.

Penalty for refusing to attend.

Security

from contractors.

Passing by lowest tender.

No payment without contract and security.

2. Such persons shall comply with the summons of the Minister, after due notice; and every person so summoned who neglects or refuses to attend and be examined shall incur a penalty of twenty dollars. R.S., c. 36, s. 12.

16. The Minister, in all cases in which any public work is being carried out by contract, shall take all reasonable care that good and sufficient security is given to and in the name of His Majesty, for the due performance of the work within the amount and time specified for its completion.

2. In all cases in which it seems to the Minister not to be expedient to let such work to the lowest tenderer, he shall report the same and obtain the authority of the Governor in Council previously to passing by such lowest tender. R.S., c. 36, s. 14.

17. No sum of money shall be paid to the contractor on any contract nor shall any work be commenced, until the contract has been signed by all the parties therein named, nor until the requisite security has been given. R.S., c. 36, s. 14.

EXECUTION OF CONTRACTS.

18. No deed, contract, document or writing in respect of How exeany matter under the control or direction of the Minister cuted. shall be binding on His Majesty or be deemed to be the act of the Minister, unless the same is signed by him or by the Deputy Minister, and countersigned by the Secretary of the Department, or the person authorized to act for him. R.S., c. 36, s. 34.

EVIDENCE.

19. A copy of any map, plan, or other document in the Copies. custody of the Secretary of the Department, certified by him to be a true copy, shall be held to be authentic, and shall be prima facie of the same legal effect as the original in any court or elsewhere. R.S., c. 36, s. 35.

SALE OR TRANSFER OF PUBLIC WORKS TO LOCAL AUTHORITIES.

arrange.

20. The Minister may enter into arrangements with any Minister may provincial government, municipal council, or other local corporation or authority, or with any company in the provinces of Ontario or Quebec, incorporated for the purpose of constructing or holding the works mentioned in this section, or works of like nature in the same province, for the transfer to them of any of the public roads, harbours, rivers or river improvements, bridges or public buildings, whether within or without the limits of the local jurisdiction of such municipal council or other authorities, which it is found convenient to place under their management.

grant.

2. On the completion of such arrangements, the Governor Governor in in Council may grant, and, by so granting, transfer and Council may convey for ever or for any term of years, all or any of such roads, harbours, rivers and river improvements, bridges or public buildings, to such provincial government, municipal council or other local authority or company, upon such terms and conditions as are agreed upon; and the said governments, municipal councils or other local authorities may enter into such arrangements and may take and hold any works so transferred. R.S., c. 36, s. 17.

council.

21. Any such grant may be made by order in council, By order in and by such order any or all of the powers and rights vested in the Crown, or in any officer or department, in respect of such public work, may be granted to and vested in the grantee to whom the public work is granted.

2. Such order in council may contain any conditions, clauses Conditions and limitations agreed upon which, as well as all the provisions and limitaof such order in council, shall, in so far as they are not inconsistent with this Act, and do not purport to grant any right or

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tions.

power