Legislative Summary | Fall 2001

Alberta Legislative Summary 25TH LEGISLATURE - FIRST SESSION

FALL 2001 Maintenance Enforcement Act, S.A. 1985, c. M-0.5 - see Miscellaneous Statutes Amendment Act, 2001 (No.2), Bill 31

HIGHLIGHTS

Municipal Government Act, S.A. 1994, c. M-26.1 - see Agricultural Operations Practices Amendment Act, 2001, Bill 28

AMENDED LEGISLATION

Natural Resources Conservation Board Act, S.A. 1990, c. N-5.5 - see Agricultural Operations Practices Amendment Act, 2001, Bill 28

Alberta Evidence Act, R.S.A. 1980, c. A - see Electronic Transactions Act, 2001, Bill 21

Opticians Act, R.S.A. 1980, c. O-8; Podiatry Act, R.S.A. 1980, c. P-11 - see Trustee Amendment Act, 2001, Bill 26

Alberta Personal Income Tax Act, S.A. 2000, c. A-35.5 - see Alberta Personal Income Tax Amendment Act, 2001, Bill 207

Podiatry Act, R.S.A. 1980, c. P-11 - see Miscellaneous Statutes Amendment Act, 2001 (No.2), Bill 31

Agricultural Operation Practices Act, S.A. 1987, c. A-7.7 - see Agricultural Operations Practices Amendment Act, 2001, Bill 28

Powers of Attorney Act, S.A. 1991, c. P-13.5 - see Trustee Amendment Act, 2001, Bill 26

Agricultural Societies Act, R.S.A. 1980, c. A-12 - see Trustee Amendment Act, 2001, Bill 26

Provincial Court Act, R.S.A. 1980, c. P-20 - see Provincial Court Amendment Act, Bill 27

Builders’ Lien Act, R.S.A. 1980, c. B-12 - see Builder’s Lien Amendment Act, 2001, Bill 22

Public Trustee Act, R.S.A. 1980, c. P-36 - see Trustee Amendment Act, 2001, Bill 26

Cemeteries Act, R.S.A. 1980, c. C-2 - see Trustee Amendment Act, 2001, Bill 26

Real Estate Act, S.A. 1995, c. R-4.5 - see Trustee Amendment Act, 2001, Bill 26

Condominium Property Act, R.S.A. 1980; c. C-22 - see Trustee Amendment Act, 2001, Bill 26

Regulated Accounting Profession Act, S.A. 1999, c. R-12.3 - see Regulated Accounting Profession Act, 2001, Bill 23

Cooperatives Act, S.A. 2001, c. C25.5 - see Miscellaneous Statutes Amendment Act, 2001 (No.2), Bill 31 Corrections Act, R.S.A. 1980, c. C-26 - see Trustee Amendment Act, 2001, Bill 26

Regulated Forestry Profession Amendment Act, S.A. 1999, c. R-12.6 - see Regulated Forestry Profession Amendment Act, 2001, Bill 24

Dependant Adults Act, R.S.A. 1980, c. D-32- see Trustee Amendment Act, 2001, Bill 26

Safety Codes Act, S.A. 1991 c. S-0.5 - see Trustee Amendment Act, 2001, Bill 26

Election Finances and Contributions Disclosure Act, R.S.A. 1980, c. E-3 - see Trustee Amendment Act, 2001, Bill 26

School Act, S.A. 1988, c. S-3.1 - see School Amendment Act, 2001, Bill 16, and Trustee Amendment Act, 2001, Bill 26

Environmental Protection and Enhancement Act, S.A. 1992, c. E-13.3 - see Agricultural Operations Practices Amendment Act, 2001, Bill 28

Victims of Crime Act, S.A. 1996, c. V-3.3 - see Victims Restitution and Compensation Payment Act, 2001, Bill 25

Farming Practices Protection Statutes Amendment Act, S.A. 1999, c.9 - see Agricultural Operations Practices Amendment Act, 2001, Bill 28 Funeral Services Act, R.S.A. 1980, c. F-22.7 - see Trustee Amendment Act, 2001, Bill 26

REPEALED LEGISLATION

Glenbow Alberta Institute Act, R.S.A. 1980, c. G-5 - see Miscellaneous Statutes Amendment Act, 2001 (No.2), Bill 31

Crown Contracts Dispute Resolution Act, S.A. 1997, c. C-36.5 - see Miscellaneous Statutes Amendment Act, 2001 (No.2), Bill 31

Government Organization Act, S.A.1994, c. G-8.5 - see Miscellaneous Statutes Amendment Act, 2001 (No.2), Bill 31 Health Disciplines Act, R.S.A. 1980, c. H-3.5 - see Miscellaneous Statutes Amendment Act, 2001 (No.2), Bill 31 Health Professions Act, S.A. 1999, c. H-5.5 - see Health Professions Amendment Act, 2001, Bill 18 Highway Traffic Act, R.S.A. 1980. c. H-7 - see Highway Traffic (Bicycle Safety Helmet) Amendment Act, 2001, Bill 209 Historical Resources Act, R.S.A. 1980, c. H-8 - see Trustee Amendment Act, 2001, Bill 26 Interpretation Act, R.S.A. 1980, c. I-7 - see Trustee Amendment Act, 2001, Bill 26 Judicature Act, R.S.A. 2000, c. J-2; Provincial Court Act, 2001, Bill 27 Legal Profession Act, S.A. 1990, c. L-9.1 - see Miscellaneous Statutes Amendment Act, 2001 (No.2), Bill 31 Livestock and Livestock Products Act, R.S.A. 1980, c. L-24 - see Trustee Amendment Act, 2001, Bill 26

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there is a material error in the electronic information or record, there is no opportunity to correct the error, the person if promptly notified of the error, and the consideration for the transaction is returned or destroyed.

Provisions define when an electronic record or information is sent and deemed to be received. There are specific provisions for contracts for the carriage of goods. Such contracts for the carriage of goods can be formalized using electronic means and forms, subject to the conditions in the Act. No rule of law is inapplicable to a contract for the carriage of goods by reason only that the contract is set out in or evidenced by one or more records in electronic form. There are amendments to the Alberta Evidence Act, which are to be used in determining whether an electronic record is permissible. Generally, such records are admissible, but the rules regarding authenticity and the best evidence are still applicable. However, in the absence of evidence to the contrary the integrity of the electronic record is proved upon the satisfaction the criteria stated in s. 42.5 of the Act.

DETAILED LISTING OF BILLS School Amendment Act, 2001 Bill 16 Amended: School Act, S.A. 1988, c. S-3.1 Repealed: None Summary: This Act provides further direction regarding the application for and establishment of a charter school. The requirements for the charter of the school are replaced and additional information is now required. The election of an individual to be a resident of the separate or public school district must remain in effect during the school year in which it was made. A parent or individual may ask the Minister to review a decision of the Board where the board refuses to enroll the resident student of another board in the school requested by the parent. Further clarity is provided regarding the notice of assessment of a resident’s property for the board of a separate school district and the assessment base. A new division is added to the Act respecting the Establishment of Separate School Regions.

In force:

Builders’ Lien Amendment Act Bill 22 Amended: Builders’ Lien Act, R.S.A. 1980, c. B-12

In force: Sections 21, 22, and 23 on January 1, 2001 and sections 3(b), 13, 14, 16, 17, 18, 19, 20, 27, 28, 30 upon Proclamation.

Repealed: None

Health Professions Amendment Act, 2001 Bill 18 Amended: Health Professions Act, S.A. 1999, c. H-5.5

Summary: An amendment is made which affects contracts with respect to improvements to an oil or gas well or to an oil and gas well site. The period of time for which funds must be retained under the Builders’ Lien Act, is increased from 45 days to 90 days for such contracts. Whereas it was previously not necessary to set out in the statement of lien the name of the owner or alleged owner of an oil or gas well, it is also now not necessary to do so for contracts with respect to oil and gas well sites. The increase in time from 45 to 90 days is not effective against contracts entered into prior to April 1, 2002 or subcontracts entered into on or after April 1, 2002, if the subcontract is made in respect of a contract entered into before April 1, 2002.

Repealed: None Summary: The college is given the discretion to approve programs of study and education courses for the purposes of registration requirements. If a regulated member’s application for renewal is not received by the date established in the bylaws, the member’s practice permit is suspended and may be cancelled by the Registrar. The competence committee, registration committee, or registrar must make a referral to the complaints director when false or misleading information has been provided, and the competence committee must make a referral when it is of the opinion that there is lack of capacity competence, or there is unprofessional conduct on the part of the regulated member. There are provisions relating to the use of confidential information. Greater clarity is provided for the power’s of the hearing tribunal to require the investigated party to pay the costs and related expenses of the hearing. Provisions are provided which allow a council to make regulations regarding the amount and type of liability insurance to be held by limited liability partnerships. The use of titles and abbreviations by regulated members and students is addressed. It is now required of the Council of The Alberta Dental Association and College and the College of Physicians and Surgeons to provide each other information relevant to the accreditation of a specific surgical facility. The requirement for the accreditation of dental surgical facilities must be accredited, as required under the Act. An accreditation committee must be established for such dental surgical facilities with the process of accreditation being set out in the Act. In force:

Upon Proclamation

In Force:

April 1, 2002

Regulated Accounting Profession Act, 2001 Bill 23 Amended: Regulated Accounting Profession Act, S.A. 1999 c. R-12.3 Repealed: None Summary: Changes are made to the definitions of “executive head,” the “governing body” of the Society of Management Accountants of Alberta, and the definition of “practice review.” A governing body may now require an accounting organization to maintain information about its applicants for registration. Further provisions clarify the ability of the governing body to establish practice standards, the ability of a registrar to impose conditions, the requirement to register, and the definition of employer. There are changes made to schedule 2 and schedule 3 regarding the authorized titles abbreviations and initials that may be used by a registrant.

November 29, 2001

In Force: Electronic Transactions Act, 2001 Bill 21 Amended: Alberta Evidence Act, R.S.A. 1980, c. A-21

November 29, 2001

Regulated Forestry Profession Amendment Act, 2001 Bill 24 Amended: Regulated Forestry Profession Amendment Act, S.A. 1999, c. R

Repealed: None Summary: The Act does not limit the operation of any enactment or other law that authorizes, requires or prohibits the use of information or records in electronic form or requires a specified display of such information. There are a number of exceptions to which the Act does not also apply including wills, codicils, trusts, powers of attorney, personal directives, records creating or transferring an interest in land, guarantees, and negotiable instruments. Otherwise, a legal requirement that an original record be provided, reviewed, or be in writing may be satisfied if all of the conditions under the Act are met. There are specific provisions relating to public bodies and the application of the Act upon them. A public body is only entitled to use, provide or accept information or a record in electronic form with a person’s consent, however, this consent can be inferred from a person’s conduct.

Unless the parties otherwise agree, the acceptance of an offer and any matter material to the formation of a contract may be expressed by means of information or a record in electronic form or by an act intended to result in electronic communication such as clicking on an appropriate icon on a computer screen. However, an electronic transaction has no legal effect if

Repealed: None Summary: The Act allows a college to approve programs and courses for registration requirements. Persons now can be appointed as public members instead of being appointed to a list of public members. The Council is given discretion to recognize other jurisdictions as having the requisite competence and practice requirements in considering an application for registration.

Additional information is now required in order to obtain a practice permit.

The information required to be maintained about regulated members, and the effect of a member failing to apply for a renewal of a practice permit, are clarified. There are provisions regarding the ability of the registrar to cancel a practice permit and registration and the process of reinstating such a cancelled permit and registration. There are numerous provisions which address the complaint process. The Act now mandates the referral to the complaints director if false or misleading information has been provided by a regulated member or if a regulated member demonstrates a lack of competence or unprofessional conduct. The use of information related to a complaint is addressed with a potential fine of up to $10,000.00 for

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Act, R.S.A. 1980, c. H-8; Interpretation Act, R.S.A. 1980, c. I-7; Livestock and Livestock Products Act, R.S.A. 1980, c. L-24; Opticians Act, R.S.A. 1980, c. O-8; Podiatry Act, R.S.A. 1980, c. P-11; Powers of Attorney Act, S.A. 1991, c. P-13.5; Public Trustee Act, R.S.A. 1980, c. P-36; Real Estate Act, S.A. 1995, c. R-4.5; Safety Codes Act, S.A. 1991 c. S-0.5; School Act, S.A. 1988, c. S-0.5; Trustee Act, R.S.A. 1980, c. T-10

improper disclosure. The complaints director is allowed to try to resolve disputes and the college is given greater latitude in releasing information related to the complaint, investigated person and the ratified settlement.

The investigated party is now potentially liable for the expenses of both the investigation and the hearing. The registrar is given further direction regarding how information regarding a member is used when the member’s practice permit is suspended, cancelled or there are conditions attached to it. A member is not obligated to produce any information or record that relates to Part 3 of the Act, except in proceedings under the Act and in a prosecution with respect to perjury or the giving of false evidence. The council is given further direction and ability in the making of regulations and bylaws.

In Force:

Repealed: Sections 2-13 of the Trustee Act, R.S.A. 1980, c. T-10 Summary: This Bill changes the investment powers of a trustee. The investment powers of a trustee will be subject to either sections 2-7 or the provisions of the attached Schedule. These sections and Schedule replace sections 2-13 of the Trustee Act. When a trust refers to the Trustee Act to define the trustee’s investment power, and it is in effect prior to the coming into force of this Bill, said trust will be governed by the attached Schedule. Likewise, other enactments in force prior to this amendment, which utilize the Trustee Act to define the trustee’s investment powers, will be governed by the attached Schedule. There are a number of amendments to legislation contained in the Bill, which now refer to the Schedule, and which should be specifically reviewed when dealing a trustee’s investment powers under those Acts.

November 29, 2001

Victims Restitution and Compensation Payment Act, 2001 Bill 25 Summary: This Act focuses on three issues: the use and restraint of property which are allegedly illegally obtained, the restitution for a victim of a property offence and finally the order for compensation to be provided by a person convicted of an offence involving property. Property is very broadly defined in the Act. Where a peace officer has carried out an investigation of an illegal act and has reasonable grounds to believe that an illegal act has been committed property illegally obtained, the Minister may commence an action by originating notice for the purpose of obtaining restitution or compensation for property victims. In the originating notice the Minister may apply ex- parte for a restraint order. It is not necessary for a person to be guilty of or even charged with an offence in order for an application to be made. The Court in granting a restraint order is able to give directions or make an order prohibiting any use of the property, appointing a civil enforcement agency to hold and maintain the property, or for the selling the property where perishable. A disposal hearing with respect to the property is to be held no later than 45 days from the granting of the restraint order.

Where it is impractical to obtain a restraint order by reason of exigent circumstances, a peace officer, subject to certain restrictions, may require no further use of the property or that it be turned over to a civil enforcement agency. At the disposal hearing, the Court is to determine whether the property was illegally acquired, the interests and entitlements of the respondents, and the manner in which the property should be dealt with. The onus is on the Minister to establish that the restrained property has been acquired through illegal means and upon each respondent to establish their entitlement and interest. It is again not necessary at the disposal hearing that a person has been charged with or found guilty of an offence with respect to the property. The burden of at the disposal hearing is on a balance of probabilities with the Court possessing broad powers including being able to order the return of the property to the person against whom the restraint order was made, the return of the property to any of the respondents, or the disposal of the property as allowed under the Act. Where a person has been convicted of an offence, no sooner than 60 days from the conviction a restitution assistance hearing may be held to determine the restitution to be provided to the victim of the property offence. At the hearing the offender is to attend and provide a revenue and property statement, and the focus of the hearing is to determine whether there is any amount still owing to the victim. The Court may make a restitution payment order for the payment of money or the transfer of property to the Victim, notwithstanding the property in question was transferred to another, and may give further directions the Court considers appropriate. If a person fails to comply with a restitution order they may be subject to imprisonment of not greater than 6 months and a fine not greater than double the amount set out in the restitution order. If an offender has been convicted of an offence, the offender acquired property due to the offence, and no restitution order has been made, the Minister may apply for a compensation assistance order. The process is similar to the restitution assistance hearing. However, the proceeds of any property obtained from the offender are to be used by the Crown in certain specified programs and purposes.

In Force:

In Force:

Upon Proclamation

Provincial Court Amendment Act, 2001 Bill 27 Amended : Judicature Act, R.S.A. 2000, c. J-2; Provincial Court Act, R.S.A. 1980, c.

P-20 Repealed: None.

Summary: Where a judge ceases to hold office without giving a judgment in a matter that was fully heard by that judge, and gives a judgement within 3 months after holding office, the judgment is valid. Provisions are made with respect to the re-appointment and age restrictions for judges. The responsibilities of the successful part to an action to prepare, file and provide a copy of the certificate of judgment are clarified. A judge may be reappointed as a judge, and a judge who has attained the age of 70 may be reappointed for a term of 1 year In Force:

November 29, 2001

Agricultural Operations Practices Amendment Act, 2001 Bill 28 Amended : Agricultural Operation Practices Act, S.A. 1987, c. A-7.7; Environmental Protection and Enhancement Act, S.A. 1992, c. E-13.3; Farming Practices Protection Statutes Amendment Act, S.A. 1999, c.9; Municipal Government Act, S.A. 1994, c. M-26.1; Natural Resources Conservation Board Act, S.A. 1990, c. N-5.5; Repealed: None Summary: This Act places the responsibility for the approval, regulation and review of confined feeding sites, upon the Provincial Government. There is a process put in place where aggrieved parties can make a complaint and request a review of an existing operation. This will then be referred to a practice review committee, which may attempt to mediate a settlement, or alternatively, make recommendations to the Minister respecting the operation.

When a person wishes to expand or construct a confined feeding operation an application must be made, providing specified information. The proposed site or operation may be inspected and the powers of the inspectors are detailed and defined. The application process requires not only the provision of specified but also may include notification to affected parties.

Such affected parties may contest the application and the matter may be reviewed by a Board. The powers of the board and the processes to be followed are detailed and the Act provides that no action in nuisance may be commenced unless the process outlined in the Act is first complied with.

The Act has a transitional provision governing operations existing prior to January 1, 2002, and provides the fines that may be imposed for breaches of the Act or the regulations.

Upon Proclamation

In Force: Trustee Amendment Act, 2001 Bill 26 Amended : Agricultural Societies Act, R.S.A. 1980, c. A-12; Cemeteries Act, R.S.A. 1980, c. C- 2; Condominium Property Act, R.S.A. 1980; c. C-22, Corrections Act, R.S.A. 1980, c. C-26; Dependant Adults Act, R.S.A. 1980, c. D-32; Election Finances and Contributions Disclosure Act, R.S.A. 1980, c. E-3; Funeral Services Act, R.S.A. 1980, c. F-22.7; Historical Resources

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January 1, 2002

15 members as required under the Act and are to provide a formal report to the Minister outlining the Committee’s work and making a recommendation for an official song

Alberta Municipal Financing Corporation Amendment Act, 2001 Bill 29 Amended : Alberta Municipal Financing Corporation Act, R.S.A. 1980, c. A-33 In force

Repealed: None Summary: A regional airport authority, as created under the Regional Airports Authorities Act, is now included in the definition of “local authority,” and is subject to the Act. In Force:

November 29, 2001

Highway Traffic (Bicycle Safety Helmet) Amendment Act, 2001 Bill 209 Amended: Highway Traffic Act, R.S.A. 1980. c. H-7

November 29, 2001

Repealed: None Appropriation (Supplementary Supply) Act, 2001 (No.2) Bill 30 Repealed: None

Summary: This Act makes it mandatory for a minor to wear a safety helmet while operating a bicycle or riding as a passenger on a bicycle. All helmets sold as bicycle safety helmets must conform to the specifications established by the regulations.

Summary: This Act allows for the payment from the General Revenue Fund, the sum of$142,000.00 to defray expenses of the Legislative Assembly and the sum of $354,971.00 to defray further operating expenses and capital investment of the Public Service. Also from the General Revenue Fund, the sum of $80,000.00 is paid to defray non-budgetary disbursements of the Public Service for the fiscal year ending March 31, 2002. The sum of $2,979,000.00 is transferred from the Operating Expense Vote of the Office of the Chief Electoral Officer, to the Operating Expense Vote of the Support to the Legislative Assembly.

In Force:

In force:

Upon Proclamation

November 29, 2001

Miscellaneous Statutes Amendment Act, 2001 (No. 2) Bill 31 Amended : Cooperatives Act, S.A. 2001, c. C25.5; Glenbow Alberta Institute Act, R.S.A. 1980, c. G-5; Government Organization Act, S.A.1994, c. G-8.5; Health Disciplines Act, R.S.A. 1980, c. H-3.5; Legal Profession Act, S.A. 1990, c. L-9.1; Maintenance Enforcement Act, S.A. 1985, c. M- 0.5; Podiatry Act, R.S.A. 1980, c. P-11

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.

Repealed: Crown Contracts Dispute Resolution Act, S.A. 1997, c. C-36.5 Summary: This Act deals with amendments to numerous statutes and deals with, among other things, numerous amendments to the Cooperatives Act. The Government Organization Act has amendment respecting the ability of the Lieutenant Governor in Council to make regulations limiting the liability of a delegated person and their employees, agents, directors, officers, or members of a committee. The Health Disciplines Act is amended allowing the creation of “panel of the committee,” in s.12 of that Act. In Force:

November 29, 2001.

The amendments to the Cooperatives Act, includes a provision that the Cooperatives Act, with amendments, comes into force on April 1, 2002.

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

Alberta Personal Income Tax (Tools Deduction) Amendment Act, 2001 Bill 207 Amended: Alberta Personal Income Tax Act, S.A. 2000, c. A-35.5

Edmonton

Repealed: None

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

Summary: A tradeperson, who files proof of their trade certificate along with evidence of their being obligated to provide tools and the cost of such tools, in their tax return, may deduct an amount for the tools, as provided by the Act. In force

Upon Proclamation

Alberta Official Song Act, 2001 Bill 208 Repealed: None Summary: This Act establishes an official committee for the solicitation and review of possible music and lyrics for an official song and the recommendation of the same to the Minister of Community Development. The Committee will consult with and inform the public and arrange for performances of music related to the Committee’s mandate. The Committee will consist of 11 to

Calgary

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

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

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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