Legislative Summary | Fall 2000

Alberta Legislative Summary 24TH LEGISLATURE - FIFTH SESSION

FALL 2000 Miscellaneous Statutes Amendment Act, 1992, S.A. 1992, c. M-21 - see Justice Statutes Amendment Act, 2000, Bill 20

HIGHLIGHTS There were not many Bills introduced during the Fall session of the Legislative Assembly.

Of particular note: amendments were made to the Statute Revision Act which Act then came into force on December 4, 2000. The Justice Statutes Amendment Act, 2000, was amended and passed. Major changes were also made to the Protection of Children Involved in Prostitution Act. These changes have received Royal Assent, but have not yet been proclaimed in force.

Mobile Home Site Tenancies Act, S.A. 1982, c. M-18.5 - see Justice Statutes Amendment Act, 2000, Bill 20 Notaries Public Act, R.S.A. 1980, c. N-11 - see Justice Statutes Amendment Act, 2000, Bill 20 Powers of Attorney Act, S.A. 1991, c. P-13.5 - see Justice Statutes Amendment Act, 2000, Bill 20

AMENDED LEGISLATION

Proceedings Against the Crown Act, S.A. 1980, c. P-18 - see Justice Statutes Amendment Act, 2000, Bill 20

Administration of Estates Act, S.A. 1980, c. A-1 - see Justice Statutes Amendments Act, 2000, Bill 20

Protection of Children Involved in Prostitution Act, S.A. 1998, c. P-19.3 - see Protection of Children Involved in Prostitution Amendment Act, 2000, Bill 29

Alberta Evidence Act, R.S.A. 1980, c. A-21 - see Justice Statutes Amendment Act, 2000, Bill 20

Provincial Court Act, R.S.A. 1980, c. P-20 - see Justice Statutes Amendment Act, 2000, Bill 20

Alberta Science, Research and Technology Authority Act, S.A. 1998, c.A-37.3 - see Miscellaneous Statutes Amendment Act, 2000 (No. 2), Bill 27

Provincial Court Judges Act, S.A. 1981, c. P-20.1 - see Justice Statutes Amendment Act, 2000, Bill 20

Child Welfare Act - see Protection of Children Involved in Prostitution Amendment Act, 2000, Bill 29

Provincial Offences Procedure Act, S.A. 1988, c. P-21.5 - see Justice Statutes Amendment Act, 2000, Bill 20

Commissioners for Oaths Act, R.S.A. 1980, c. C-19 - see Justice Statutes Amendment Act, 2000, Bill 20

Public Trustee Act, R.S.A. 1980, c. P-36 - see Justice Statutes Amendment Act, 2000, Bill 20 Residential Tenancies Act, R.S.A. 1980, c. R-15.3 - see Justice Statutes Amendment Act, 2000, Bill 20

Contributory Negligence Act, R.S.A. 1980, c. C-23 - see Justice Statutes Amendment Act, 2000, Bill 20

Survivor of Actions Act, R.S.A. 1980, c. S-30 - see Justice Statutes Amendment Act, 2000, Bill 20

Court of Queen’s Bench Act, S.A. 1980, c. C-29 - see Justice Statutes Amendment Act, 2000, Bill 20

Trustee Act, R.S.A. 1980, c. T-10 - see Justice Statutes Amendment Act, 2000, Bill 20

Dependant Adults Act, R.S.A. 1980, c. D-32 - see Justice Statutes Amendment Act, 2000, Bill 20

Young Offenders Act, S.A. 1984, c. Y-1 - see Justice Statutes Amendment Act, 2000, Bill 20

Domestic Relations Act, R.S.A. 1980, c. D-37 - see Justice Statutes Amendment Act, 2000, Bill 20

REPEALED LEGISLATION

Dower Act, R.S.A. 1980, c. D-38 - see Justice Statutes Amendment Act, 2000, Bill 20 Family Relief Act, R.S.A. 1980, c. F-2 - see Justice Statutes Amendment Act, 2000, Bill 20

An Ordinance to Incorporate Alberta College, chapter 25 of the Ordinances of the NorthWest Territories, 1904 - see Bill 27

Freedom of Information and Protection of Privacy Act, S.A. 1994, c. F-18.5 - see Justice Statutes Amendment Act, 2000, Bill 20

Surrogate Court Act, R.S.A. 1980, c. S-28

DETAILED LISTING OF BILLS

Financial Consumer’s Act, S.A. 1990, c. F-9.5 - see Justice Statutes Amendment Act, 2000, Bill 20

Statute Revision Act Bill 3

Government Fees and Charges Review Act, S.A. 1999, c. G-6.5 - see Justice Statutes Amendment Act, 2000, Bill 20 Government Organization Act, S.A. 1994, c. G-8.5 - see Justice Statutes Amendment Act, 2000, Bill 20

Amends:

none

Repeals:

none

Interpretation Act, R.S.A. 1980, c. I -7 - see Justice Statutes Amendment Act, 2000, Bill 20

Summary: Minor changes are made to Bill 3, the Statute Revision Act, which was introduced during the spring session of the Legislative Assembly. The changes relate to s. 3 of the Bill which section allows the Chief Legislative Counsel to do certain things, as enumerated in that section, while preparing the revision. Among other things, paragraphs 3(1)(h), 3(1)(i) and 3(1)(n) are replaced. Subsection 3(2) is added and states that no change may be made under subsection 3(1) which would have the effect of changing the intent of an enactment.

Judicature Act, R.S.A. 1980, c. J-1 - see Justice Statutes Amendment Act, 2000, Bill 20

In Force: December 4, 2000

Hospitals Act, R.S.A 1980, c. H-11 - see Public Health Care Protection Statutes Amendment Act, 2000, Bill 221 Insurance Act, R.S.A. 1980, c. I-5 - see Justice Statutes Amendment Act, 2000, Bill 20 Insurance Act, S.A. 1999, c. I-5.1 - see Justice Statutes Amendment Act, 2000, Bill 20

Justice of Peace Act, R.S.A. 1980, c. J-3 - see Justice Statutes Amendment Act, 2000, Bill 20 Justice Statutes Amendment Act, 2000 Bill 20 Repeals: Surrogate Court Act, R.S.A. 1980, c. S-28 Amends: Administration of Estates Act, S.A. 1980, c. A-1 ; Alberta Evidence Act, R.S.A. 1980, c. A-21; Commissioners for Oaths Act, R.S.A. 1980, c. C-19; Contributory Negligence Act, R.S.A. 1980, c. C-23; Court of Queen’s Bench Act, S.A. 1980, c. C- 29; Dependant Adults Act, R.S.A. 1980, c. D-32; Domestic Relations Act, R.S.A. 1980, c. D-37; Dower Act, R.S.A. 1980, c. D-38; Family Relief Act, R.S.A. 1980, c. F-2; Freedom of Information of Protection of Privacy Act, S.A.

Languages Act, S.A. 1988, c. L-7.5 - see Justice Statutes Amendment Act, 2000, Bill 20 Legal Profession Act, S.A. 1990, c. L-9.1 - see Justice Statutes Amendment Act, 2000, Bill 20 Mechanical Recording of Evidence Act, R.S.A. 1980, c. M-11 - see Justice Statutes Amendment Act, 2000, Bill 20 Minors’ Property Act, R.S.A. 1980, c. M-16 - see Justice Statutes Amendment Act, 2000, Bill 20

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1994, c. F-18.5; Financial Consumer’s Act, S.A. 1990, c.F-9.5; Government Fees and Charges Review Act, S.A. 1999, c. G-6.5; Government Organization Act, S.A. 1994, c. G-8.5; Insurance Act, R.S.A. 1980, c. I-5; Insurance Act, S.A. 1999, c. I-5.1; Interpretation Act, R.S.A. 1980, c. I -7; Judicature Act, R.S.A. 1980, c. J-1; Justice of Peace Act, R.S.A. 1980, c. j-3; Languages Act, S.A. 1988, c. L-7.5; Legal Profession Act, S.A. 1990, c. L-9.1; Mechanical Recording of Evidence Act, R.S.A. 1980, c. M-11; Minors’ Property Act, R.S.A. 1980, c. M16; Miscellaneous Statutes Amendment Act, 1992, SA 1992, c. M-21; Mobile Home Site Tenancies Act, S.A. 1982, c. M-18.5; Notaries Public Act, R.S.A. 1980, c. N-11; Powers of Attorney Act, S.A. 1991, c. P- 13.5; Proceedings Against the Crown Act, S.A. 1980, c. P-18; Provincial Court Act, R.S.A. 1980, c. P-20; Provincial Court Judges Act, S.A. 1981, c. P-20.1; Provincial Offences Procedure Act, S.A. 1988, c. P-21.5; Public Trustee Act, R.S.A. 1980, c. P- 36; Residential Tenancies Act, R.S.A. 1980, c. R-15.3; Survivor of Actions Act, R.S.A. 1980, c. S-30; Trustee Act, R.S.A. 1980, c. T-10; Young Offenders Act, S.A. 1984, c. Y-1 Summary: This Act is divided into four parts. Part One deals with amendments to the Provincial Court Act. Part Two deals with Surrogate Matters. Part Three amends the Provincial Offences Procedure Act and Part Four deals with other amendments. Amendments within this Act are too numerous to mention in great detail; however, it is important to note that the majority of amendments relate to the Provincial Court Act. The amendments to the Provincial Court Act, among other things, add provisions dealing with the appointment of provincial court judges, the jurisdiction of provincial court judges, the retirement age of provincial court judges and action for damages against a provincial court judge.

Further, the amendments deal with general judicial matters and enumerates what matters the Provincial Court has jurisdiction over. Of particular note, is an amendment which allows the Lieutenant Government in Council to make a regulation prescribing amounts not to exceed $25,000.00 for the jurisdiction of the Provincial Court. New provisions are also added in respect of pre-trial conferences and mediation.

Bill 28 Amends:

none

Repeals:

none

Summary:

This Act provides for a payment from the General Revenue Fund the sum of $1,045,000.00 towards defraying the further charges and expenses of the Legislative Assembly classed as operating expense and capital investment for the fiscal year ending March 31, 2001. Further provision is made for payment from the General Revenue Fund the sum of $978,276,000.00 towards the defraying of further charges and expenses of the Public Service classed as operating expense or operating expense and capital investment for the fiscal year ending March 31, 2001. The due application of all money expended under this Act must be accounted for. The Act also provides a Schedule to indicate how the funds are to be allocated.

In Force:

December 4, 2000

Protection of Children Involved in Prostitution Amendment Act, 2000 Bill 29 Amends:

Protection of Children Involved in Prostitution Act, S.A. 1998, c.P-19.3 Child Welfare Act, S.A. 1984, c. C-8.1

Repeals:

none

Summary: A new provision is added for the review of a confinement decision. Under this section, where a child is confined to a protective safe house the Director must forthwith give the child a request for review form and inform the child in writing of the Director’s reasons for and the time period of the confinement, the right to ask the Court to review the Director’s decision, the right to contact a lawyer and the telephone number of the nearest office of the Legal Aid Society of Alberta. Section 3 is amended to allow the Director, where they are of the opinion that the child will benefit from a further period of confinement, to apply to the Court for an Order to confine the child for a further period in a protective safe house for up to 21 days. New provisions are added after s. 3 which deal with adjournments of the application under s. 3, review of a confinement order under s. 3, service of the notice of the hearing under ss 3.2 and 3.5, appeals of Orders under s. 3, the procedure on appeal and what type of Order the Court may grant. This Act also adds provisions dealing with exclusion of persons from a hearing, publication bans, witnesses and confidential evidence. Further provision is also made for the ability to make an agreement for programs where there are services available to a child where there is no confinement.

In respect of Surrogate matters, the main change relates to the adding of a provision which continues the Surrogate Court of Alberta in the Court of Queen’s Bench. Further, the Court of Queen’s Bench Act is amended to give a jurisdiction to govern surrogate matters. As a result, the Surrogate Court Act is repealed.

In respect of the Provincial Offences Procedure Act, the main amendment relates to the ability of the Court of carry out a function after only receiving an electronic version of a violation ticket or other electronic data in respect of the violation ticket if that electronic version or data contains all of the pertinent information set out on the violation ticket.

A consequential amendment is made to the Child Welfare Act as well.

The main amendments in Part Four of this Act relates to the Contributory Negligence Act where a provision is added to indicate that the last clear chance rule is not applicable to this Act.

In Force:

On Proclamation

Note that the amendment to the Survival of Actions Act recommended by the Alberta Law Reform Institute was not proceeded with at this time.

This guide is published solely for the assistance of persons who require a quick reference to new and amending legislation passed at the Spring 2000 session. The description of the legislation so enacted is neither complete nor necessarily accurate. Pending publication of the Annual Statutes, users are directed to consult an authenticated copy of each Bill for complete official information.

In Force: Each of the Four Parts comes into force on proclamation.

Holocaust Bill 26

Memorial

Day

and

Genocide

Remembrance

Act

Amends:

none

Repeals:

none

Summary:

This Act provides a day of remembrance for the Holocaust and similar tragedies. The day will be determined in each year by the Jewish lunar calendar and will be known as “Holocaust Memorial Day”.

In Force:

LEGISLATIVE REVIEW COMMITTEE E. Mirth, Q.C. - Chairman C.R. Head - Secretary C.D. Johnson - Calgary, Chairman E. Mirth, Q.C. - Legislative Officer

December 4, 2000

Miscellaneous Statutes Amendment Act, 2000 (No. 2) Bill 27 Amends:

Alberta Science, Research and Technology Authority Act, S.A. 1998, c. A-37.3

Repeals:

An Ordinance to Incorporate Alberta College, chapter 25 of the Ordinances of the North-West Territories, 1904.

Summary:

This Act changes the name of the Alberta Science, Research and Technology Authority to the “Alberta Science and Research Authority”. This Act also repeals An Ordinance to Incorporate Alberta College, chapter 25 of the Ordinances of the North-West Territories, 1904.

In Force:

December 4, 2000

Edmonton

Lorne Smart W. Benjamin Russell Grant Dunlop Francoise Belzil Gordon D. Sustrik Richard T. Reeson, Q.C. Anne Jarman

Calgary

Rob M. Curtis C.R. Head Debbie A. Yungwirth Kismet Fung Herb Zechel

Ex Officio: John H. Dunphy, Q.C. H.A. Robertson, Q.C.

Cliff Shaw, Q.C. William C. Ranson Bruce H. Jackson, Q.C. Martin Kay, Q.C. Bernie Roth Jeffrey Wise Cynthia Martens Stacy Petriuk Kathleen Rockwell Karen Hansen Gillian Marriott Al Lucas

Appropriation (Supplementary Supply) Act, 2000 (No. 2)

The Canadian Bar Association - Alberta Branch and The Law Society of Alberta gratefully acknowledge the financial contribution to this publication by The Alberta Law Foundation.

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