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Department and Minister of Public Works.

31 VICT. CAP 12.

An Act respecting the Public Works of Canada.


[Assented to 21st December, 1867.]

ER MAJESTY, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as



1. There shall be one Department of Public Works for Canada, over which the "Minister of Public Works" for the time being, appointed by commission under the Great Seal of Canada, shall preside, and have the management and direction of the Department, and shall hold office during pleasure.

Deputy, Secre- 2. The Governor may also appoint a Deputy of the Minister tary, Chief of Public Works, who shall be Chief Officer of the Department, Engineer and other officers. a Secretary for the Department, a Chief Engineer, and such other officers as may be necessary for the proper conduct of the business of the Department, all of whom shall hold office during pleasure.


3. The Governor may also appoint from time to time as Engineers, etc. many Engineers, Superintendents and other officers as he may deem necessary for the construction, maintenance, use and repair of Public Works and Buildings, and may at his pleasure remove them or either of them.

Duties and power of the Deputy.

Duties of the

4. It shall be the duty of the said Deputy, and he shall have authority (subject always to the Minister) to oversee and direct the other officers and servants of the Department; he shall have the general control of the business of the Depart ment, and such other powers and duties as may be assigned to him by the Governor in Council, and in the absence of the Minister and during such absence may suspend from his duties any officer or servant of the Department who refuses or neglects to o ey his directions as such Deputy.

5. It shall be the duty of the Secretary, unless otherwise directed in any case by the Minister, to keep separate accounts

of the moneys appropriated for and expended on each Public Work and building; to submit the said accounts to be audited in such manner as may be appointed by the Governor in Council; to have charge of all plans, contracts, estimates, documents, titles, models, and other like things relating to any such work or building; to keep proper accounts with each contractor and other person employed by the Department; to see that all contracts are properly drawn out and executed; to prepare all certificates upon which any warrant is to issue; to keep minutes of all the proceedings of the Department, to prepare reports and to conduct, under the direction of the Minister, the correspondence of the Department, and generally to do and perform all such acts and things pertaining to the business of the Department as he may from time to time be directed to do and perform by the Minister; and a copy of any map, plan or Copies of docuother document in the custody and charge of the Secretary, ments certified certified by him as a true copy, shall be held to be authentic, authentic. and shall be prima facie of the same legal effect as the original, in any Court or elsewhere.

by him to be

6. It shall be the duty of the Chief Engineer to prepare Duties of Chief maps, plans and estimates for all Public Works which are Engineer. about to be constructed, altered or repaired by the Department; to report for the information of the Minister, on any question relating to the Public Works which may be submitted to him; to examine and revise the plans, estimates and recommendations of other Engineers and officers, and generally to advise the Department on all engineering questions affecting the Public Works of the Dominion.

7. No deeds, contracts, documents or writings shall be What acts only deemed to be binding upon the Department, or shall be held to shall bind the Department. be acts of the said Minister, unless signed and sealed by him or his deputy, and countersigned by the Secretary.

tracts, etc.

8. All actions, suits and, other proceedings at law or in Actions for equity, for the enforcement of any contract, agreement or obli- enforcing congation in respect of any public work, building or property under the control of the Department, shall be instituted in the name of Her Majesty's Attorney-General for Canada.

maps, plans,


9. The Governor may from time to time require any person Recovering or corporation, or any provincial authority, having the pos- possession of session or custody of any maps, plans, specifications, estimates, etc., relating reports or other papers, books, drawings, instruments, models, to Public contracts, documents or records, not being private property, and relating to any public work, building or property which is now or which may hereafter be placed under the control of the Department of Public Works, to deliver the same without delay to the Secretary of the Department.

10. The Canals, Locks, Dams, Hydraulic Works, Harbours, What works Piers and other works for the improving the navigation of any shall be under


the control of water, the slides, dams, piers, booms and other works for the Depart facilitating the transmission of timber,-the roads and bridges, the public buildings, the railways and rolling stock thereon, the vessels, dredges, scows, tools, implements and machinery for the improvement of navigation, the Provincial Steamers, and all other property heretofore acquired, constructed, repaired, maintained or improved at the expense either of the late Province of Canada or of New Brunswick or Nova Scotia, and also the works and properties acquired or to be acquired, constructed or to be constructed, repaired or improved at the expense of Canada, and also all such portions of the property known as the "Ordnance Property," transferred to the late Provincial Government of Canada by the Imperial Government and afterwards placed under the control of the Department of Public Works, shall be and shall continue to be vested in Her Majesty and under the control and management of the Minister of Public Works, with the following exceptions, viz. :


Other works may be so


1st. Such public works and property as have been or may hereafter be lawfully transferred to either of the Provinces of Ontario, Quebec, Nova Scotia or New Brunswick;

2nd. Such public works and property as have been or may hereafter be leased, sold, or otherwise lawfully transferred to municipalities, incorporated companies or other parties, unless the same are subject to be and are resumed by Her Majesty in virtue of the provisions of any Act, or of any lease, sale or transfer thereof, or relating thereto;

3rd. Such public works and property as may by any Act of the present Session be placed under the control and management of any other Minister or Department;

4th. Such public works, roads, bridges, harbours or property as have been or may hereafter be, by Proclamation, abandoned or left to the control of municipal or local authorities.

11. The Governor may, from time to time, by Proclamation, placed by Pro- declare any other works, roads, bridges, harbours, slides, lighthouses or buildings purchased or constructed at the public expense, and which have not been assigned to any Provincial Government, to be works, roads or buildings subject to the provisions of this Act, and they shall thenceforth be under the management of the Department.

Existing contracts, etc., continued.

12. All contracts, bonds, agreements or leases for or respecting any work or building, now the property of Canada, or for any tolls for the same, entered into by the Commissioner of Public Works of the late Province of Canada, or by the Board of Works of the Province of Nova Scotia or of the Province of New Brunswick, or by any commissioners or other persons duly authorized to enter into the same, shall enure to the use

of Her Majesty, and may be enforced as if they had been entered into with Her Majesty under the authority of this Act.

courses, etc.,

and managed.

13. All lands, streams, water-courses and property acquired Lands, waterfor the use of Public Works or Buildings, shall be vested in acquired for Her Majesty, and when not required for the said works or Public Works, buildings, may be sold or disposed of under the authority of the how vested Governor, and all hydraulic powers created by the construction of any public work, or the expenditure of public money thereon, shall be vested in Her Majesty, and any portion thereof not Proceeds of required for the public works, may be sold or leased under the sales or leases. authority aforesaid; and the proceeds of all such sales and leases shall be accounted for as public money.

14. All public works and buildings hereafter constructed or All Public Works paid completed at the expense of Canada, shall, unless otherwise for by the Doprovided by law, be under the control of the Department and minion to be subject to the provisions of this Act.

under control of Department.

15. The Minister shall direct the construction, maintenance Expenditure and repair of all canals, harbours, roads or parts of roads, for construcbridges, slides and other public works or buildings, in progress of Works. or constructed, or maintained at the expense of Canada, and which by this Act are or shall hereafter be placed under his management and control; but nothing in this Act shall give authority to the Minister to cause expenditure not previously sanctioned by Parliament, except for such repairs and alterations as the necessities of the public service may demand.

money for

16. No warrant shall be issued for any sum of the public Warrants for money appropriated for any public work under the manage- Public Works. ment of the said Minister, except on the certificate of the Minister or his deputy, that such sum ought to be paid to any person named in the certificate, in whose favour a warrant may then issue, which warrant shall in all cases be deemed a legal tender to such person.


17. The Minister or his deputy may require any account Attesting acsent in by any contractor, or any person in the employ of the counts of conDepartment, to be attested on oath, which oath, as well as that to be taken by any witness, the Minister or his deputy may administer.

amine persoI S

18. The Minister may send for, and examine, on oath, all Power to exsuch persons as he deems necessary, touching any matter upon on oath. which his action is required, and may cause such persons to bring with them such papers, plans, books, documents and things, as it may be necessary to examine with reference to such matter, and may pay such persons a reasonable compensation for their time and disbursements, and such persons shall attend at the summons of the Minister after due notice, under the penalty of five pounds in each case.

Annual report to the Gover

nor, to be laid before Parlia


Tenders to be invited for


19. The Minister shall make and submit to the Governor an annual Report on all the works under his control, to be laid before both Houses of Parliament within twenty-one days from the commencement of cach Session, showing the state of each work and the amounts received and expended in respect thereof, with such further information as may be requisite.

20. It shall be the duty of the Minister to invite tenders by works: excep- public advertisement for the execution of all works, except in cases of pressing emergency, where delay would be injurious to the public interest, or where, from the nature of the work, it could be more expeditiously and economically executed by the officers and servants of the Department.

Security to be taken from contractors.

Provision when the

lowest tender is not taken.

Power to make surveys, etc.

Certain persons employed

like powers

as if they

surveyors for the Province where they act for the Depart

21. The Minister, in all cases, or where any public work is being carried out by contract, shall take all reasonable care that good and sufficient security be given to and in the name of Her Majesty for the due performance of the work, within the amount and time specified for its completion; and also in all cases where it seems to the Minister not to be expedient to let such work to the lowest bidder, it shall be his duty to report the same and obtain the authority of the Governor previous to passing by such lowest tender; but 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 shall have been given.


22. The Minister is hereby empowered to authorize the engineers, agents, servants and workmen employed by or under him to enter into and upon any ground to whomsoever belonging, and to survey and take levels of the same, and to make such borings or sink such trial pits as he deems necessary for any purpose relative to the works under his management.

23. The Minister may employ any Engineer, or any by the Depart person duly licensed or empowered to act as a Surveyor ment to have for any Province in Canada, to make any survey, or establish any boundary, and furnish the plans and descripas to surveys, tions of any property acquired or any property acquired or to be acquired by Her were licensed Majesty for the use of Canada; and such surveys, boundaries, plans and descriptions shall have the same effect as if the operations pertaining thereto or connected therewith had been performed by a Land Surveyor duly licensed and sworn in and for the Province in which the property is situate; and the boundaries of such properties may be permanently established by means of proper stone or iron monuments, planted by the Engineer or Surveyor so employed by the Minister, and shall be of the same effect to all intents and purposes as if such boundaries had been drawn and such monuments planted by a Land Surveyor duly licensed and


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