Reports of contemplated construction; progress statements. 8. 52 as enacted by Ch. 44 1925 (2) The Minister shall from time to time report to the Governor-in-Council the amount of construction with moneys contributed as aforesaid contemplated for the ensuing year. The Minister shall render to the Provincial Treasurer itemized statements showing the cost and construction of such roads as the work progresses, and such statements shall show a sub-division of cost between the Province and the Dominion Government. 21. Section 52 of the said Chapter, as that Section repealed; sub- is enacted by Chapter 44 of the Acts of 1925, is repealed and the following substituted therefor: stituted. Governor-in Council may 52. (1) The Governor-in-Council shall have powextinguish right er to extinguish the right of the public to use any highway or any part thereof. of public to use highway. Copy of Order in Council to be filed. (2) A copy of the Order-in-Council extinguishing certified and the right of the public to use any highway or any part thereof and setting forth a description of such highway or part thereof, shall be certified by the Clerk of the Executive Council to be a true copy of such Order-in-Council and shall be filed in the office of the Registrar of Deeds for the Registration District in which such highway or part thereof is situate. Governor-in- for use by ad (3) The Governor-in-Council may make such make provision provision for the use of such highway or part thereof joining owners by the adjoining owners as the Governor-in-Council Landspose of deems expedient, or the Governor-in-Council may sell, lease or otherwise dispose of the land within the boundary of such highway or part thereof. or S 53 amended. S. 54 repealed; substituted. Disposal of certain equipment. 22. Section 53 of the said Chapter is amended by striking out the word "Board" wherever the same occurs therein and substituting therefor the word "Minister". 23. Section 54 of the said Chapter is repealed and the following substituted therefor: 54. (1) The Minister may sell, lease or dispose of for such consideration and on such terms and conditions as he deems advisable any of the following things, in this section called equipment, namely:road graders, road rollers, tractors, motor trucks, motor cars, electric motors, rock crushing machinery, elevators, loading bins, air compressor drills, derricks, excavating and loading machines, horses, vehicles, plows, drags, scrapers, scarifiers, and such other machines or implements as are used in connection with the construction or maintenance of the highways. part of Mach ment Fund. (2) All sums of money received from any such Sums received sale, lease or disposal shall be paid to the Minister inery Replaceand shall form part of a fund to be called "The Machinery Replacement Fund". The said Fund shall from time to time be used by the Minister for the purchase and maintenance of other equipment. ment capital. (3) Whenever any equipment is used in connec- When equip tion with any work the cost of which is chargeable chargeable to to capital, such reasonable sum as the Minister determines for such use of the equipment shall be paid to the Minister into and shall form part of "The Machinery Replacement Fund". 24. Said Chapter is amended by adding thereto Section added. the following Section: Assistant 55. (1) The Governor-in-Council may appoint Appointment of from time to time a person to be Assistant Minister Minister. of Highways, who may be a member of the Executive Council and who shall be paid such salary as from time to time the Governor-in-Council prescribes. Minister Assistant (2) The expression "Minister of Highways", or References to any expression meaning the Minister of Highways, or includes any reference to the Minister of Highways by official Minister. title or otherwise, in this Chapter or in any enactment, conveyance, lease, agreement, plan, rule, order, regulation, by-law, ordinance or in any document or instrument shall be held to include for all purposes the Assistant Minister of Highways when the Assistant Minister of Highways is acting in place of the Minister of Highways at the latter's request, or when the Minister of Highways is incapacitated by illness or otherwise. Provincial 25. The Provincial Highway Board constituted under said Chapter is hereby abolished and any reference in any enactment, conveyance, lease, agreement, plan, rule, order, regulation, by-law, ordinance, or in any document or instrument to the said Board or to the Chairman thereof, whether such reference is by official title or otherwise, shall as regards any subsequent transaction, matter or thing, be held and construed to be a reference to the Governor-in-Council where such reference is to the said Board and to the Minister of Highways where such reference is to the said Chairman. Chap. 76, R. S. CHAPTER 32. An Act to Amend Chapter 76, Revised Statutes, 1923, "The Motor Vehicle Act". (Passed the 15th day of March, A. D. 1926.) Be it enacted by the Governor, Council and Assembly as follows: Clause (f), S. 2, 1. Clause (f) of Section 2 of Chapter 76, Revised repealed; sub- Statutes, 1923, "The Motor Vehicle Act," is repealed and the following substituted therefor: stituted Minister. 8. 2 added to. Licensed Sections added. (f) the expression "Minister" means the Minister of Highways. 2. Section 2 of the said Act is amended by adding thereto the following: (1) the expression "licensed operator" means a person licensed as in this chapter provided to operate motor vehicles on the public highways. 3. The said Act is amended by inserting between Section 36 and Section 37 thereof the following: LICENSED OPERATORS. A36. (1) No person other than a licensed chauffeur shall operate any motor vehicle on any public Requirements highway unless each and every of the following re- for persons opquirements is complied with, namely: erating motor vehicles. (a) Such person shall be the holder of a To hold license license issued to him by the Minister licensing him to operate motor vehicles on the public To carry license (b) Such person shall have with him when when operating. operating a motor vehicle on a public highway the said license; License for (c) The said license shall be one relating to calendar year. the calendar year in which the motor vehicle is so operated. Failure to pro (2) If any licensed operator operates a motor duce license on vehicle on any public highway and fails on request request. of any peace officer to produce then and there for such officer's inspection such person's said license he shall be guilty of an offence against this Chapter. chauffeur or operate vehicle (3) No person shall allow or permit any motor Only licensed vehicle owned by him or under his control or in his operator to charge to be operated on any public highway by any other person except a licensed chauffeur or a licensed operator. B36. (1) Subject to the provisions of this Chapter the Minister shall issue a license to a person to operate motor vehicles on the public highways if such person is of the full age of sixteen years, and upon which issued. (a) files in the Minister's office on a form to Conditions be furnished by him for the purpose a statement licenses are verified by affidavit or by a declaration under The Canada Evidence Act, giving such person's name, address and age, and the trade name and motive power of the motor vehicles he is able to operate properly, and such other information. as the Minister requires, and also satisfies the Minister by a testimonial or otherwise as the Minister may require of such person's ability to operate motor vehicles properly, and that he is careful and temperate; or 8. 37, ss. 2, amended. S. 40, 88. 1, amended. S. 40, ss. 3, amended. S. 40, ss. 4, repealed; substituted. (b) having previously been the holder of such license and the license being no longer in force, applies for such license, and if required by the Minister files the said statement and satisfies the Minister as aforesaid. (2) The license of every licensed operator shall expire at midnight on the thirty-first day of December following the date of such license. (3) The license of every licensed operator shall be numbered and dated and shall state the date on which the same will expire, the name of the licensed operator, and that the licensed operator is thereby licensed under this Chapter to operate motor vehicles on the public highways. 4. Sub-section 2 of Section 37 of the said Act is amended by striking out in the second line thereof the following: "Sections 12 and 33 respectively," and inserting in place thereof the following: "Section 12 or Section 33, or Sub-section 1 of Section A36". 5. Sub-section 1 of Section 40 of the said Act is amended by adding thereto the following: "or of any licensed operator". 6. Sub-section 3 of Section 40 of the said Act is amended by inserting in the fourth line thereof after the word "chauffeur" the words "or of any licensed operator". 7. Sub-section 4 of Section 40 of the said Act is repealed and the following substituted therefor: (4) Unless and until the Minister thinks fit (a) a permit shall not be issued respecting any motor vehicle if a permit respecting the same has been so revoked, and (b) a person shall not be licensed either as a chauffeur or as an operator where the license of such person either as a chauffeur or as an operator has been so cancelled. 1 |