fall.qxd
5/10/00
9:34 AM
Page 1
Alberta Legislative Summary 24TH LEGISLATURE - THIRD SESSION
FALL 1999 Financial Administration Act, R.S.A. 1980, c.F-9 - see Miscellaneous Statutes Amendment Act, 1999 (No. 2), Bill 46
HIGHLIGHTS The Fall 1999 Session of the Alberta Legislature introduced 7 public government-supported Bills, all of which passed.
Fisheries (Alberta) Act, S.A. 1992, c.F-12.2 - see Miscellaneous Statutes Amendment Act, 1999 (No. 2), Bill 46
Two major items include the introduction of the Health Information Act (Bill 40) as well as the Regulated Accounting Professions Act (Bill 41). Other items of note include amendments to the Insurance Act (Bill 44) and numerous amendments under the Miscellaneous Statutes Amendment Act, 1999 (No. 2) (Bill 46).
Forests Act, R.S.A. 1980, c.F-16 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46 Freedom of Information and Protection of Privacy Act, S.A. 1994, c.F-18.5 - see Health Information Act, Bill 40
AMENDED LEGISLATION
Government Organization Act, S.A. 1994, c.G-8.5 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Administration of Estates Act, R.S.A. 1980, c.A-1 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Health Facilities Review Committee Act, R.S.A. 1980, c H-4 - see Health Information Act, Bill 40
Agricultural Societies Act, R.S.A. 1980, c.A-12 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Health Professions Act, S.A. 1999, c.H-5.5 - see Health Information Act, Bill 40; Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Alberta Corporate Tax Act, R.S.A. 1980, c.A-17 - see Miscellaneous Statutes Amendment Act, 1999 (No. 2), Bill 46
Highway Traffic Act, R.S.A. 1980, c.H-7 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Alberta Health Care Insurance Act, R.S.A. 1980, c.A-24 - see Health Information Act, Bill 40; Miscellaneous Statutes Amendment Act, 1999 (No. 2), Bill 46
Hospitals Act, R.S.A. 1980, c.H-11 - see Health Information Act, Bill 40
Alberta Opportunity Fund Act, R.S.A. 1980, c.A-4 - see Miscellaneous Statutes Amendment Act, 1999 (No. 2), Bill 46
Human Tissue Gift Act, R.S.A. 1980, c.H-12 - see Health Information Act, Bill 40
Cancer Programs Act, R.S.A. 1980, c.C-1 - see Health Information Act, Bill 40
Insurance Act, R.S.A. 1980, c.I-5 - see Insurance Statutes Amendment Act, 1999, Bill 44
Child and Family Services Authorities Act, S.A. 1996, c.C-7.3 - see Miscellaneous Statutes Amendment Act, 1999 (No. 2), Bill 46
Insurance Act, S.A. 1999, c.I-5.1 - see Insurance Statutes Amendment Act, 1999, Bill 44
Child Welfare Act, S.A. 1984, c.C-8.1 - see Health Information Act, Bill 40 Interpretation Act, R.S.A. 1980, c.I-7 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Co-operative Associations Act, R.S.A 1980, c.C-24 - see Regulated Accounting Profession Act, Bill 41
Livestock Diseases Act, R.S.A. 1980, c.L-22 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Dependent Adults Act, R.S.A. 1980, c.D-32 - see Miscellaneous Statutes Amendment Act, 1999 (No. 2), Bill 46
Livestock Industry Diversification Act, S.A. 1990, c.L-22.7 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Fair Trading Act, S.A. 1998, c.F-1.05 - see Regulated Accounting Profession Act, Bill 41
Maintenance Enforcement Act, S.A. 1985, c.M-0.5 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Fatality Inquiries Act, R.S.A. 1980, c.F-6 - see Health Information Act, Bill 40
Mental Health Act, S.A. 1988, c.M-13.1 - see Health Information Act, Bill 40 Fiscal Responsibility Act, S.A. 1999, c.F-11.5 - see Fiscal Responsibility Amendment Act, 1999, Bill 43
1
fall.qxd
5/10/00
9:34 AM
Page 2
Motor Vehicle Accident Claims Act, R.S.A. 1980, c.M-21 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46 Municipal Affairs Statutes Amendments Act, S.A. 1997, Regulated Accounting Profession Act, Bill 41
REPEALED LEGISLATION Alberta Stock Exchange Act, - see Alberta Stock Exchange Restructuring Act, Bill 42
c.M-19 - see
Certified General Accountants Act, S.A. 1987, c.C-3.6 - see Regulated Accounting Profession Act, Bill 41
Municipal Government Act, S.A. 1994, c.M-26.1 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46 Nursing Homes Act, S.A. 1985, c.N-14.1 - see Health Information Act, Bill 40
Certified Management Accountants Act, S.A. 1987, c.C-3.8 - see Regulated Accounting Profession Act, Bill 41
Off-highway Vehicle Act, R.S.A. 1980, c.O-4 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Chartered Accountants Act, S.A. 1987, c.C-5.1 - see Regulated Accounting Profession Act, Bill 41
Ombudsman Act, R.S.A. 1980, c.O-7 - see Regulated Accounting Profession Act, Bill 41
Small Business Equity Corporations Act, S.A. 1984, c.S-13.5 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Pharmacy and Drug Act, S.A. 1999, c.P-7.3 - see Health Information Act, Bill 40
Utilities Companies Income Tax Rebates Act, R.S.A. 1980, c.U-10 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Protection for Persons in Care Act, S.A. 1995, c.P-19.5 - see Health Information Act, Bill 40
DETAILED LISTING OF BILLS
Provincial Parks Act, R.S.A. 1980, c.P-22 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Alberta Stock Exchange Restructuring Act Bill 42
Public Health Act, S.A. 1984, c.P-27.1 - see Health Information Act, Bill 40 Amends: none Real Estate Act, S.A. 1995, c.R-4.5 - see Regulated Accounting Profession Act, Bill 41
Repeals: Alberta Stock Exchange Act repealed upon Proclamation Summary:Allows the Alberta Stock Exchange to apply to the Registrar for a certificate of continuance in accordance with the Business Corporations Act as if it were an Alberta corporation. Various sections of the Business Corporations Act do not apply to the Alberta Stock Exchange as a corporation. References to shareholders in the Business Corporations Act means the members of the Alberta Stock Exchange. On completion of the acquisition transaction, the acquiring exchange has all the rights, liabilities and obligations of their predecessor, any existing cause of action, claim or liability to prosecution of a predecessor is unaffected and is assumed by the acquiring exchange, any civil, criminal or administrative action or proceeding pending by or against a predecessor may continue to be prosecuted by or against the acquiring exchange, a conviction against or a ruling, or an order or judgment in favour of or against any predecessor may be enforced by or against the acquiring exchange and the property of every predecessor is the property of the acquiring exchange.
Regional Health Authorities Act, S.A. 1994, c.R-9.07 - see Health Information Act, Bill 40 Registered Dieticians Act, S.A. 1983, c.R-10.1 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46 Rural Electrification Loan Act, R.S.A. 1980, c.R-18 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46 Rural Electrification Long Term Financing Act, R.S.A. 1980, c.R-17 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46 Rural Utilities Act, S.A. 1985, c.R-21 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46 Safety Codes Act, S.A. 1991, c.S-0.5 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46 School Act, S.A. 1988, c.S-3.1 - see Regulated Accounting Profession Act, Bill 41; Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
In Force: Upon Proclamation
Small Power Research and Development Act, R.S.A. 1988, c.S-13.75 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Appropriation ( Supplementary Supply) Act, 1999 (no.2) Bill 45
Social Development Act, R.S.A. 1980, c.S-16 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Amends: none Repeals: none
Special Areas Act, R.S.A. 1980, c.S-20 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
Summary:Allows the sum of $1,535,116,000.00 to be paid from the general revenue fund towards defraying the 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, 2000, not otherwise provided for, as shown in the Schedule. All monies expended under this Act shall be accounted for. A Schedule to the Act lists the amounts of money the various government departments will receive.
Universities Act, R.S.A. 1980, c.U-5 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46 Wilderness Areas, Ecological Reserves and Natural Areas Act, R.S.A. 1980, c.W-8 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46 Wildlife Act, S.A. 1984, c.W-9.1 - see Miscellaneous Statutes Amendments Act, 1999 (No. 2), Bill 46
In Force: Upon Royal Assent
2
fall.qxd
5/10/00
9:34 AM
Page 3
Fiscal Responsibility Amendment Act, 1999 Bill 43
Insurance Statutes Amendments Act, 1999 Bill 44
Amends: Fiscal Responsibility Act, S.A. 1999, c.F-11.5
Amends: Insurance Act, R.S.A. 1980, c.I-5; Insurance Act, S.A. 1999, c.I-5.1
Repeals: none
Repeals: none
Summary:Section 4 is amended by adding a provision which indicates that notwithstanding subsection (1), for the fiscal year ending March 31, 2000 not more than 25% of the excess referred to in subsection (1) plus $600,000,000.00 may be committed in that fiscal year for program expenditure initiatives or revenue reduction initiatives that were not included in the consolidated fiscal plan for the year.
Summary:Both Insurance Acts are amended by including a definition for "common law relationship" which means a relationship between two people of the opposite sex who although not legally married to each other have continuously cohabited in a marriage-like relationship for at least 3 years, or if there is a child of the relationship by birth or adoption, have cohabited in a marriage-like relationship of some permanence. The definition of "spouse" is added to both Insurance Acts and means a spouse of a married person and a party to a common law relationship. The Insurance Act, S.A. 1999, c.I5.1 is amended allowing the Lieutenant Governor in Council to make regulations respecting any matter that is to be prescribed under sections 1 to 12. Further amendment is made to section 562(3) of the Insurance Act, S.A. 1999, c.I-5.1 by striking out "16 years consents" and substituting "16 years, consent".
In Force: Upon Royal Assent Health Information Act Bill 40 Amends: Alberta Health Care Insurance Act, R.S.A. 1980, c.A-24; Cancer Programs Act, R.S.A. 1980, c.C-1; Child Welfare Act, S.A. 1984, c.C-8.1; Fatality Inquiries Act, R.S.A. 1980, c.F-6; Freedom of Information and Protection of Privacy Act, S.A. 1994, c.F-18.5; Health Facilities Review Committee Act, R.S.A. 1980, c.H-4; Health Professions Act, S.A. 1999, c.H-5.5; Hospitals Act, R.S.A. 1980, c.H-11; Human Tissue Gift Act, R.S.A. 1980, c.H-12; Mental Health Act, S.A. 1988, c.M-13.1; Nursing Homes Act, S.A. 1985, c.N-14.1; Pharmacy and Drug Act, S.A. 1999, c.P-7.3; Protection for Persons in Care Act, S.A. 1995, c.P-19.5; Public Health Act, S.A. 1984, c.P-27.1; Regional Health Authorities Act, S.A. 1994, c.R-9.07.
In Force: Upon Royal Assent Miscellaneous Statutes Amendment Act, 1999 (No. 2) Bill 46 Amends: Administration of Estates Act, R.S.A. 1980 c.A-1; Agricultural Societies Act, R.S.A. 1980, c.A-12; Alberta Corporate Tax Act, R.S.A. 1980, c.A-17; Alberta Health Care Insurance Act, R.S.A. 1980, c.A-24; Alberta Opportunity Fund Act, R.S.A. 1980, c.A-34; Child and Family Services Authorities Act, S.A. 1996, c.C-7.3; Dependent Adults Act, R.S.A. 1980, c.D-32; Financial Administration Act, R.S.A. 1980, c.F-9; Fisheries (Alberta) Act, S.A. 1992, c.F-12.2; Forests Act, R.S.A. 1980, c.F-16; Government Organization Act, S.A. 1994, c.G-8.5; Health Professions Act, S.A. 1999, c.H-5.5; Highway Traffic Act, R.S.A. 1980, c.H-7; Interpretation Act, R.S.A. 1980, c.I-7; Livestock Diseases Act, R.S.A. 1980, c.L-22; Livestock Industry Diversification Act, S.A. 1990, c.L-22.7; Maintenance Enforcement Act, S.A. 1985, c.M0.5; Motor Vehicle Accident Claims Act, R.S.A. 1980, c.M-21; Municipal Government Act, S.A. 1994, c.M-26.1; Off-highway Vehicle Act, R.S.A. 1980, c.O-4; Provincial Parks Act, R.S.A. 1980, c.P-22; Registered Dieticians Act, S.A. 1983, c.R-10.1; Rural Electrification Loan Act, R.S.A. 1980, c.R-18; Rural Electrification Long Term Financing Act, R.S.A. 1980, c.R-17; Rural Utilities Act, S.A. 1985, c.R-21; Safety Codes Act, S.A. 1991, c.S-0.5; School Act, S.A. 1988, c.S-3.1; Small Power Research and Development Act, R.S.A. 1988, c.S-13.75; Social Development Act, R.S.A. 1980, c.S-16; Special Areas Act, R.S.A. 1980, c.S-20; Universities Act, R.S.A. 1980, c.U-5; Wilderness Areas, Ecological Reserves and Natural Areas Act, R.S.A. 1980, c.W-8; Wild Life Act, S.A. 1984, c.W-9.1;
Repeals: none Summary:The purpose of this Act is to establish strong and effective mechanisms to protect the privacy and confidentiality of individuals health information, to enable health information to be shared and accessed where appropriate, to make rules for the collection, use and disclosure of health information, to provide individuals with a right of access to health information about themselves, to allow individuals to request amendments to their health information, to establish remedies for contravention of the Act and to provide for independent reviews of decisions made by custodians under the Act. The Act does not limit the information otherwise available by law to a party to legal proceedings. Where the Act is inconsistent or in conflict with another Act or regulation, the provision of this Act prevails unless the other Act or regulation expressly provides that the other Act or regulation prevails. This Act, except part 3, applies with respect to health information collected before or after coming into force of this Act. Part 3 of the Act only applies in respect to health information collected after the coming into force of this Act. The Act provides procedures for an individual to request their health information or to request a correction or amendment to their health information. The Act also sets the procedure for collection and use of health information with respect to general disclosure, disclosure for health system purposes and disclosure for research purposes. Custodians, as they are defined in the Act, are given certain powers and duties. A Commissioner is created to review decisions made under the Act. Various offences are created and the penalty may be a fine of not more than $50,000.00 for a contravention of the Act. A committee of the Legislative Assembly must begin a review of the Act within 3 years of its coming into force and must submit to the Legislative Assembly, withing 1 year after beginning the review, a report that includes recommended amendments.
Repeals: Small Business Equity Corporations Act, S.A. 1984, c.S-13.5; Utilities Companies Income Tax Rebates Act, R.S.A. 1980, c.U-10. Summary:
This Bill amends a number of statutes as above noted. Most are technical and drafting sorts of amendments. Noteworthy are amendments to the Highway Traffic Act to regulate riding in the box of a truck and an amendment to the Interpretation Act to address the meaning of "registered mail" and similar terms in the context of modern postal service usage.
In Force: The following sections come into force upon Proclamation: ss.5, 6, 7, 10(4)(a), 13, 15, 16, 20, 24 and 25. The following sections come into force upon Royal Assent: ss.1, 2, 3, 4, 8, 11, 12, 14, 17, 18, 19, 21, 22 and 23
In Force: Upon Proclamation
Section 7 comes into force on February 1, 2000.
3
fall.qxd
5/10/00
9:34 AM
Page 4
feited to the Crown and shall be disposed of or destroyed under the direction of the Minister of Justice and Attorney General. The Act will only apply to those parts of Alberta prescribed by regulation made by the Lieutenant Governor in Council.
Regulated Accounting Profession Act Bill 41 Amends: Co-operative Associations Act, R.S.A 1980, c.C-24; Fair Trading Act, S.A. 1998, c.F-1.05; Municipal Affairs Statutes Amendments Act, S.A. 1997, c.M-19; Ombudsman Act, R.S.A. 1980, c.O-7; Real Estate Act, S.A. 1995, c.R-4.5; School Act, S.A. 1988, c.S-3.1.
In Force: Upon Proclamation
Repeals: Certified General Accountants Act, S.A. 1987, c.C-3.6; Certified Management Accountants Act, S.A. 1987, c.C-3.8; Chartered Accountants Act, S.A. 1987, c.C-5.1. Summary:The Act repeals the individual accounting professions Acts and provides an umbrella piece of legislation to regulate each accounting profession. The Act contains three Schedules. Each Schedule deals with specific issues relating to one of the accounting professions. The purpose of the Act is to protect the interests of the public, to protect the integrity of the professions governed by the Act, to promote an increase in competence of registrants and to regulate the conduct of registrants. The Act deals with such topics as regulating restricted activities and practice, governance and public accountability, registration, practice review, complaints inquiry, appeals and court enforcement of decisions. Various tribunals and committees as well as an ombudsman are created In Force: Upon Proclamation Charitable Donation of Food Act Bill 210 Amends: none This guide is published solely for the assistance of persons who require a quick reference to new and amending legislation passed at the Fall 1999 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.
Repeals: none Summary:
A person, which includes an unincorporated organization, who donates food to another person is not liable for damages as a result of any injury or death caused by the consumption of such food unless the food was adulterated, rotten or unfit for human consumption, and the person, by donating the food, intended to injure or cause death to the recipient of the food or acted with careless disregard for the safety of others. This protection extends to directors, officers, agents or employees of a corporation or organization as well as a volunteer who provides assistance to a corporation or organization which donates food. The Act does not apply where the person donated the food for profit.
LEGISLATIVE REVIEW COMMITTEE E. Mirth, Q.C. - Chairman C.R. Head - Secretary C.D. Johnson - Calgary, Chairman E. Mirth, Q.C. - Legislative Officer
In Force: Upon Proclamation
Edmonton
Calgary
Repeals: none
Lorne Smart W. Benjamin Russell Grant Dunlop Francoise Belzil Gordon D. Sustrik Richard T. Reeson, Q.C. Anne Massing
Summary:The Act creates an offence for a person under the age of 18 years to possess or smoke or otherwise consume tobacco products in a public place. Contravention of this Act may result in a fine of not more than $100.00. The Act allows a peace officer, who believes on reasonable and probable grounds that an offence is being committed under the Act to seize any tobacco product related to that offence. Any tobacco products seized in relation to the Act or for-
Ex Officio: John H. Dunphy, Q.C. H.A. Robertson, Q.C.
Prevention of Youth Tobacco Use Act Bill 208 Amends: none
Rob M. Curtis C.R. Head Debbie A. Yungwirth Jack Watson, Q.C. Kismet Fung Herb Zechel
Cliff Shaw, Q.C. William C. Ranson Bruce H. Jackson, Q.C. Martin Kay, Q.C. Mike Donaldson Bernie Roth Tim Ryan Paul Clark Jeffrey Wise Cynthia Martens Stacy Petriuk Kathleen Rockwell Karen Hansen Gillian Marriott
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.
4