Legislative Summary | Spring 1999

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24TH LEGISLATURE - THIRD SESSION

SPRING 1999

HIGHLIGHTS

Business Corporations Act, S.A. 1981, c.B-15 - see Health Professions Act, Bill 22; Traffic Safety Act, Bill 24; Miscellaneous Statutes Amendment Act, Bill 39

The Spring 1999 Session of the Alberta Legislature introduced 40 public governement-supported Bills, of which 37 passed. Bill 7 (Alberta Health Care Insurance Amendment Act), Bill 15 (Natural Heritage Act) and Bill 38 (Constitutional Referendum Amendment Act) were not passed.

Significantly, new amendments to the Condominum Property Act were not introduced and the 1996 amendments remain still outstanding.

Cemeteries Act, R.S.A. 1980, c.C-2 - see Miscellaneous Statutes Amendment Act, Bill 39 Certified Management Accountants Act, S.A 1987, c.C-3.8 - see Partnership Amendment Act, Bill 34

Major items include passage of a comprehensive new Health Professions Act (Bill 22), a re-write of the Insurance Act (Bill 25), amendments to the Land Titles Act (Bill 10), new provisions in the Partnership Act which relate to Limited Liability Partnerships (Bill 34), a comprehensive new Traffic Safety Act (Bill 24) and various Bills which relate to family law matters (Bills 6, 12, 16, 26).

Chartered Accountants Act, S.A. 1987, c.C-5.1 - see Partnership Amendment Act, Bill 34 Child and Family Services Authorities Act, S.A. 1996, c.C-7.3 - see Miscellaneous Statutes Amendment Act, Bill 39

AMENDED LEGISLATION

Child Welfare Act, S.A. 1984, c.C-8.1 - see Miscellaneous Statutes Amendment Act, Bill 39; Child Welfare Amendment Act, Bill 6; Health Professions Act, Bill 22

Agricultural and Recreational Land Ownership (Consequential Amendments) Act. R.S.A. c.2 (supp.) - see Insurance Act, Bill 25

Chiropractic Profession Act, S.A. 1984, c.C-9.1 - see Health Professions Act, Bill 22; Partnership Amendment Act, Bill 34

Agricultural Operations Practices Act, S.A. 1997, c.A-7.7 - see Farming Practices Protection Statutes Amendment Act, Bill 202

Coal Conservation Act, R.S.A. 1980, c.C-14 - see Miscellaneous Statutes Amendment Act, Bill 39

Agricultural Pests Act, R.S.A. 1994, c.A-8.1 - see Traffic Safety Act, Bill 24

Companies Act, R.S.A. 1980, c.C-20 - see Health Professions Act, Bill 22; Insurance Act, Bill 25

Agricultural Service Board Act, R.S.A. 1980, c.A-1 - see Irrigation Districts Act, Bill 21

Condominium Property Act, R.S.A. 1980, c.C-22 - see Land Titles Amendment Act, Bill 10

Agriculture Financial Services Act, S.A. 1993, c.A-12.5 - see Agriculture Financial Services Amendment Act, Bill 3 Agrologists Act, R.S.A. 1980, c.A-13 - see Health Professions Act, Bill 22

Conflicts of Interest Act, S.A. 1991, c.-22.1 - see Health Professions Act, Bill 22; Traffic Safety Act, Bill 24

Alberta Corporate Tax Act, R.S.A. 1980, c. A-17 - see Alberta Corporate Tax Amendment Act, Bill 28; Insurance Act, Bill 25

Consulting Engineers of Alberta Act, S.A. 1992, c.C-22.4 - see Miscellaneous Statutes Amendment Act, Bill 39

Alberta Evidence Act, R.S.A. 1980, c. A-21 - see see Quality Assurance Activity Statutes Amendment Act, Bill 27

Court of Queen’s Bench Act, R.S.A. 1980, c.C-29 - see Miscellaneous Statutes Amendment Act, Bill 39; Traffic Safety Act, Bill 24; Maintenance Enforcement Amendment Act, Bill 16

Alberta Health Care Insurance Act, R.S.A. 1980, c.A-24 - see Health Professions Act, Bill 22

Credit Union Act, S.A. 1989, c.C-31.1 - see Insurance Act, Bill 25

Alberta Heritage Savings Trust Fund, S.A. 1996, c.A-27.01 - see Fiscal Responsibility Act, Bill1

Crop Liens Priorities Act, R.S.A. 1980 c.C-34 - see Irrigation Districts Act, Bill 21 Dairy Board Act, R.S.A. 1980, c. D-1 - see Dairy Industry Act, Bill 2

Alberta Treasury Branches Act, S.A. 1997, c.A-37.9 - see Insurance Act, Bill 25 Dangerous Goods Transportation and Handling Act, S.A. 1998, c.D-3.5 - see Traffic Safety Act, Bill 24

Apprenticeship and Industry Training Act, S.A. 1991, c.A-42.3 - see Health Professions Act, Bill 22

Dental Profession Act, S.A. 1983, c.D-9.5 - see Partnership Amendment Act, Bill 34

Assured Income for the Severely Handicapped Act, R.S.A. 1980, c. A-48 - see Assured Income for the Severely Handicapped Amendment Act, Bill 32

Dependant Adults Act, R.S.A. 1980, c.D-32 - see Health Professions Act, Bill 22 Builders’ Lien Act, R.S.A. 1980, c.B-12 - see Irrigation Districts Act, Bill 21

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Loan and Trust Corporations Act, S.A. 1991, c.L-26.5 - see Insurance Act, Bill 25

Domestic Relations Act, R.S.A. 1980, c.D-37 - see Domestic Relations Amendment Act, Bill 12; Family Law Statutes Amendment Act, Bill 26 Emergency Medical Aid Act, R.S.A. 1980, c.E-9 - see Health Professions Act, Bill 22

Maintenance Enforcement Act, S.A. 1985, c. M-0.5 - see Assured Income for the Severely Handicapped Amendment Act, Bill 32; Maintenance Enforcement Amendment Act, Bill 16; Traffic Safety Act, Bill 24

Employment Pension Plans Act, S.A., 1986 c. E-10.05 - see Employment Pension Plans Amendment Act, Bill 30

Medical Profession Act, R.S.A. 1980, c.M-12 - see Partnership Amendment Act, Bill 34

Engineering, Geological and Geophysical Professions Act, S.A. 1981, c.E-11.1 - see Engineering, Geological and Geophysical Professions Amendment Act, Bill 18

Mental Health Act, S.A. 1988, c.M-13.1 - see Health Professions Act, Bill 22 Metric Conversion Amendment Act, R.S.A. 1980, c.M-12 (supp.) - see Insurance Act, Bill 25

Environmental Protection and Enhancement Act, S.A. 1992, c.E-7.3 - see Traffic Safety Act, Bill 24

Mines and Minerals Act, R.S.A. 1980, c.M-15 - see Insurance Act, Bill 25 Fair Trading Act, S.A. 1998, c.F-1.05 - see Insurance Act, Bill 25; Miscellaneous Statutes Amendment Act, Bill 39

Motor Vehicles Accident Claims Act, R.S.A. 1980, c.M-21 - see Insurance Act, Bill 25; Traffic Safety Act, Bill 24

Fatality Inquires Act, R.S.A. 1980, c.F-6 - see Miscellaneous Statutes Amendment Act, Bill 39; Health Professions Act, Bill 22

Motor Vehicle Administration Act, R.S.A. 1980, c.M-22 - see Traffic Safety Act, Bill 24; Insurance Act, Bill 25; Maintenance Enforcement Amendment Act, Bill 16

Financial Administration Act, R.S.A. 1980, c.F-97 - see Fiscal Responsibility Act, Bill 1

Municipal Government Act, S.A. 1994, c.M-26 - see Agricultural Dispositions Statutes Amendment Act, Bill 31; Traffic Safety Act, Bill 24; Municipal Government Amendment Act, Bill 14; Irrigation Districts Act, Bill 21; Farming Practices Protection Statutes Amendment Act, Bill 202; Miscellaneous Statutes Amendment Act, Bill 39

Financial Consumers Act, S.A. 1990, c.F-9.5 - see Insurance Act, Bill 25a Freedom of Information and Protection of Privacy Act, S.A. 1994 c. F-18.5 - see Freedom of Information and Protection of Privacy Amendment Act, Bill 37; Quality Assurance Activity Statutes Amendment Act, Bill 17; Health Professions Act, Bill 22

Occupiers Liability Act, R.S.A. 1980, c.0-3 - see Agricultural Dispositions Statutes Amendment Act, Bill 31

Fuel Tax Act, S.A. 1987, c.F-22.5 - see Traffic Safety Act, Bill 24 Off-Highway Vehicle Act, R.S.A. 1980, c.O-4 - see Insurance Act, Bill 25; Miscellaneous Statutes Amendment Act, Bill 39

Funeral Services Act, R.S.A. 1980, c.F-22.7 - see Insurance Act, Bill 25 Gaming and Liquor Act, S.A. 1996, c.G-0.5 - see Gaming and Liquor Amendment Act, Bill 36

Oil and Gas Conservation Act, R.S.A. 1980, c.O-5 - see Insurance Act, Bill 25 Oil Sands Conservation Act, S.A. 1983, c.O-5.5 - see Miscellaneous Statutes Amendment Act, Bill 39

Gas Utilities Act, R.S.A. 1980, c.G-4 - see Miscellaneous Statutes Amendment Act, Bill 39

Ombudsman Act, R.S.A. 1980, c.O-7 - see Health Professions Act, Bill 22; Regulated Forestry Profession Act, Bill 27

Government Accountability Act, S.A. 1995, c.G-5.5 - see Fiscal Responsibility Act, Bill 1

Optometry Profession Act, S.A. 1983, c.O-10 - see Partnership Amendment Act, Bill 34

Government Organization Act, S.A. 1994, c.G-8.5 - see Miscellaneous Statutes Amendment Act, Bill 39; Health Professions Act, Bill 22; Irrigation Districts Act, Bill 21; Traffic Safety Act, Bill 24; Pharmacy and Drug Act, Bill 23

Partnership Act, R.S.A. 1980, c. P-2 - see Partnership Amendment Act, Bill 34

Health Professions Act - see Pharmacy and Drug Act, Bill 23

Petty Trespass Act, R.S.A. 1980, c.P-6 - see Agricultural Dispositions Statutes Amendment Act, Bill 31

Highway Traffic Act, R.S.A. 1980, c.H-7 - see Miscellaneous Statutes Amendment Act, Bill 39

Pharmaceutical Profession Act, S.A. 1988, c.P-7.1 - see Miscellaneous Statutes Amendment Act, Bill 39

Hospitals Act, R.S.A. 1980, c.H-11 - see Health Professions Act, Bill 22 Pipeline Act, R.S.A. 1980, c.P-8 - see Miscellaneous Statutes Amendment Act, Bill 39; Irrigation Districts Act, Bill 21

Hydro and Electric Energy Act, R.S.A. 1980, c.H-13 - see Miscellaneous Statutes Amendment Act, Bill 39; Insurance Act, Bill 25 Innkeepers Act, R.S.A. 1980, c.I-4 - see Traffic Safety Act, Bill 24

Police Officers Collectively Bargaining Act, S.A. 1983, c.P-12.05 - see Miscellaneous Statutes Amendment Act, Bill 39

Insurance Act, R.S.A. 1980, c.I-5 - see Traffic Safety Act, Bill 24

Possessory Liens Act, R.S.A. 1980, c.P-13 - see Traffic Safety Act, Bill 24

Interpretation Act, R.S.A. 1980, c.I-7 - see Insurance Act, Bill 25; Health Professions Act, Bill 22

Professional and Occupational Associations Registration Act, S.A. 1985, c.P-18.5 see Health Professions Act, Bill 22

Land Titles Act, R.S.A. 1980, c.C-5 - see Irrigation Districts Act, Bill 21; Surveys Amendment Act, Bill 5; Insurance Act, Bill 25; Land Titles Amendment Act, Bill 10

Protection of Children Involved in Prostitution, S.A. 1998, c.P-19.3 - see Miscellaneous Statutes Amendment Act, Bill 39

Law of Property Act, R.S.A. 1980, c.L-8 - see Land Titles Amendment Act, Bill 10 Legal Profession Act, S.A. 1990, c.L-9.1 - see Partnership Amendment Act, Bill 34

Provincial Court Act, R.S.A. 1980, c.P-20 - see Family Law Statutes Amendment Act, Bill 26

Licensing of Trades and Businesses Act, R.S.A. 1980, c.L-13 - see Health Professions Act, Bill 22

Provincial Court Judges Act, S.A. 1981, c. P-20.1 - see Provincial Court Judges Amendment Act, Bill 8

Livestock Diseases Act, R.S.A. 1980, c.L-22 - see Health Professions Act, Bill 22

Provincial Offences Procedure Act, S.A. 1988, c.P-21.5 - see Traffic Safety Act, Bill 24

Livestock Identification and Brand Inspection Act, S.A. 1985, c.L-22.5 - see Traffic Safety Act, Bill 24

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Public Health Act, S.A.1984, c.P-27.1 - see Health Professions Act, Bill 22

Balanced Budget & Debt Retirement Act, S.A. 1995, c.B-0.5 - see Fiscal Responsibility Act, Bill 1 Board of Reference Regulation, (AR93/98) - see School Amendment Act, Bill 20

Public Highways Development Act, R.S.A. 1980, c.P-28 - see Traffic Safety Act, Bill 24

Border Areas Act, R.S.A. 1980, c.B-9 - see Municipal Government Amendment Act, Bill 14

Public Lands Act, R.S.A. 1980, c.P-30 - see Agricultural Dispositions Statutes Amendment Act, Bill 31; Irrigation Districts Act, Bill 21

Chiropractic Profession Act, S.A. 1984, c.C-9.1 - see Health Professions Act, Bill 22

Public Sector Pension Plans Act, S.A. 1993, c.P-30.7 - see Public Sector Pension Plans Amendment Act, Bill 11

Dairy Industry Act, S.A. 1981, c. D-1.1 - see Dairy Industry Act, Bill 2

Provincial Parks Act, R.S.A. 1980, c.P-22 - see Traffic Safety Act, Bill 24

Deficient Elimination Act, S.A. 1993, c.D-6.5 - see Fiscal Responsibility Act, Bill 1

Public Utilities Board Act, R.S.A. 1980, c.P-37 - see Miscellaneous Statutes Amendment Act, Bill 39 Radiation Protection Act, S.A. 1985, c.R-2.1 - see Health Professions Act, Bill 22

Dental Disciplines Act, S.A. 1990, c.D-5, except sections 1(e) (i) to (iii), (f), (g) (1), 2 to 4, 7(1) to (3) and 75(1) (a)(i) to (iii) - see Health Professions Act, Bill 22

Railway Act, (S.A. 1998 CR-4.1), S.A. 1998, c.R-4.1 - see Traffic Safety Act, Bill 24

Dental Disciplines Act, S.A. 1990 c.D-5, Sections 1(e)(i) and (f) to 7(1) and 75(1)(a)(i) - see Health Professions Act, Bill 22

Residential Tenancies Act, R.S.A. 1980, c.R-15.3 - see Miscellaneous Statutes Amendment Act, Bill 39

Dental Disciplines Act, S.A. 1990 c.D-5, 1(e)(ii) and (g), 3, 7 (2) and 75 (1)(a)(ii) see Health Professions Act, Bill 22

Safety Codes Act, S.A. 1991, c.S-0.5 - see Miscellaneous Statutes Amendment Act, Bill 39

Dental Disciplines Act, S.A. 1990 c.D-5, 1(e)(iii) and 1, 4, 7, 3 and 75 (1)(a)(ii) - see Health Professions Act, Bill 22

School Act, S.A. 1988, c.S-3.1 - see Insurance Act, Bill 25; School Amendment Act, Bill 20

Dental Mechanics Act, R.S.A. 1980, c.D-9 - see Health Professions Act, Bill 22 Dental Profession Act, S.A. 1983, c.D-9.5 - see Health Professions Act, Bill 22

Securities Act, S.A. 1981, c.S-6.1 - see Securities Amendment Act, Bill 29; Insurance Act, Bill 25

Forestry Profession Act, S.A. 1985 c.F-15.5 - see Regulated Forestry Profession Act, Bill 27

Social Work Profession Act, S.A. 1991, c.S-16.5 - see Miscellaneous Statutes Amendment Act, Bill 39

Health Disciplines Act, Except clauses (a) to (d), (f) to (i), (k) and (l) of the Schedule, S.A. 1980, c.H-3.5 - see Health Professions Act, Bill 22

Stray Animals Act, R.S.A. 1980, c.S-23 - see Agricultural Dispositions Statutes Amendment Act, Bill 31; Traffic Safety Act, Bill 24

Health Disciplines Act, Clauses (a), (b) (c), (c.1), (d), (f), (g), (h), (i), (k), (l) of the Schedule, R.S.A. 1980, c.H-3.5 - see Health Professions Act, Bill 22

Students Finance Act, R.S.A. 1980, c.S-24 - see Health Professions Act, Bill 22 Health Disciplines Amendment Act, 1988, s. 14, c.23 - see Health Professions Act, Bill 22

Surface Rights Act, S.A. 1983, c.S-27.1 - see Agricultural Dispositions Statutes Amendment Act, Bill 31; Surface Rights Amendment Act, Bill 4

Health Occupations Amendment Act, 1983, s. 3 - see Health Professions Act, Bill 22 Surveys Act, S.A. 1987, c.S-99.1 - see Surveys Amendment Act, Bill 5 Highway Traffic Act, R.S.A. 1980, c.H-7 - see Traffic Safety Act, Bill 24 Survivorship Act, R.S.A. 1980, c.S-31 - see Insurance Act, Bill 25 Innovative Insurance Corporation Act - see Insurance Act, Bill 25 Tobacco Tax Act, S.A. 1983, c. T-5.1 - see Tobacco Tax Amendment Act, Bill 9 Insurance Act, R.S.A. 1980, c.I-5 - see Insurance Act, Bill 25 Vital Statistics Act, R.S.A., c. V-4 - see Child Welfare Amendment Act, Bill 6; Miscellaneous Statutes Amendment Act, Bill 39

Irrigation Act, R.S.A. 1980, c.I-11 - see Irrigation Districts Act, Bill 21

Water Act, S.A. 1996, c.W-3.5 - see Irrigation Districts Act, Bill 21

Magrath Irrigation District Act, 1932 - see Irrigation Districts Act, Bill 21

Weed Control Act, R.S.A. 1980, c.W-6 - see Traffic Safety Act, Bill 24

Medical Profession Act, R.S.A. 1980, c.M-12 - see Health Professions Act, Bill 22

Wildlife Act, S.A. 1984, c.W-9.1 - see Miscellaneous Statutes Amendment Act, Bill 39

Motor Transport Act, R.S.A. 1980, c.M-20 - see Traffic Safety Act, Bill 24 Motor Transport Act, S.A. 1992, c.M-20.1 - see Traffic Safety Act, Bill 24

Workers Compensation Act, S.A. 1981, c.W-16 - see Health Professions Act, Bill 22 Motor Vehicle Accident Claims Act, R.S.A. 1980, c.M-21 - see Traffic Safety Act, Bill 24

Young Offenders’ Act, S.A. 1984, c.Y-1 - see Traffic Safety Act, Bill 24

Motor Vehicle Administration Act, R.S.A. 1980, c. M-22 - see Traffic Safety Act, Bill 24

REPEALED LEGISLATION 37 Acts which incorporate various insurance companies - see Insurance Act, Bill 25

Nursing Profession Act, S.A. 1983, c.N-14.5 - see Health Professions Act, Bill 22

Altasur Insurance Company Act - see Insurance Act, Bill 25

Occupational Therapy Profession Act, S.A. 1987, c.O-2.5 - see Health Professions Act, Bill 22

An Act to incorporate the Merchant’s and Traders Insurance Company - see Insurance Act, Bill 25

Off-Highway Vehicle Act, R.S.A. 1980, c.O-4 - see Traffic Safety Act, Bill 24

Any special Act of the legislature that was enacted after April 1, 1999 and before Subpart I comes into force that incorporates a special Act company - see Insurance Act, Bill 25

Opticians Act, R.S.A. 1980, c.O-8 - see Health Professions Act, Bill 22 Optometry Profession Act, R.S.A. 1980, c.O-10 - see Health Professions Act, Bill 22

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Pharmaceutical Professions Act, R.S.A. 1980, c.G-8 - see Pharmacy and Drug Act, Bill 23

Allows for the Corporation to enter into agreements with respect to reinsurance respecting the liability of the Corporation, and provides for limitation periods of 6 years to commence actions respecting non-payment of premiums.

Physical Therapy Profession Act, S.A. 1984, c.P-7.5 - see Health Professions Act, Bill 22

In Force: March 23, 1999 Podiatry Act, R.S.A. 1980, c.P-11 - see Health Professions Act, Bill 22 Alberta Corporate Tax Amendment Act, 1999 Bill 28

Professional Statutes Amendment Act, 1994, ss. 3(8) and (9) - see Health Professions Act, Bill 22

Amends: Psychology Profession Act, R.S.A. 1985, c.P-25.01 - see Health Professions Act, Bill 22

Alberta Corporate Tax Act, R.S.A. 1980, c. A-17

Summary: Repeals the definition of “Federal Action” and substitutes it with the definition for “Federal Assessment Action”. New rule with respect to a Federal Crown Corporation who ceases to be exempt from tax under the Provincial Tax Act such that Section 87 of the Federal Income Tax Act will apply to the corporation as if it were a new corporation. There is a 90 day period after the day of notice of an assessment, determination or reassessment is made to object. Provision is made for the appeal procedure. New provisions deal with determining the carrying value of a financial institution’s assets or other amounts in respect to a financial institution’s capital, investment allowance, taxable capital, adjustable taxable or taxable capital employed in Canada for a taxation year. Every financial institution which has a permanent establishment in Alberta is liable to pay tax which is computed in accordance with provisions provided in the Act. Provision is also made for circumstances where a Canadian Controlled Private Corporation is deemed to not be related to another corporation to which it would generally be related.

Registered Dietician’s Act, S.A. 1983, c.R-10.1 - see Health Professions Act, Bill 22 Social Work Profession Act, S.A. 1991, c.S-16.5 - see Health Professions Act, Bill 22

DETAILED LISTING OF BILLS Agricultural Dispositions Statutes Amendment Act, 1999 Bill 31 Amends: Municipal Government Act, S.A. 1994, c.M-26; Occupiers Liability Act, R.S.A. 1980, c.0-3; Petty Trespass Act, R.S.A. 1980, c.P-6; Public Lands Act, R.S.A. 1980, c.P-30; Stray Animals Act, R.S.A. 1980, c.S-23; Surface Rights Act, S.A. 1983, c.S-27.1 Summary: The bulk of amendments relate to the Public Lands Act. Of importance are the definition of “agricultural disposition” and “agricultural purposes”. Amendment to the Public Lands Act allows for variation of rentals under right of entry orders. Further, there is a new provision made for the recovery of a penalty under the Public Lands Act. Further provisions are made for penalties and enforcement of orders under the Public Lands Act. New provision is made for access for recreational purposes in respect of the holder of an agricultural disposition. As well, new provision is made for the withdrawal from an agricultural disposition. Duties are also imposed on an agricultural disposition holder. If the Minister wishes a disposition for the purposes of a pipeline or purposes of exploration and the disposition is in respect of land that is already in whole or in part subject of an agricultural disposition, no compensation is payable from the Crown to the holder of the agricultural disposition. Provision is also made for the return of withdrawn land and also for the fact that a withdrawal operates despite agreements. Further, provision is made relating to assignment charges of grazing leases or grazing licenses. The other Acts which are affected by this Amendment generally deal with provisions in those Acts relating to the Public Lands Act, and the amendments made under this Amendment Act. When dealing with a disposition under the former Public Lands Act, or an agricultural disposition under the Amendment Act, one should review this Amendment Act to determine which provisions may be affected.

In Force: Section 3 (1) is deemed to have come into force January 1, 1995.

Sections 8(a) and 11 to 17 come into force on November 1, 1999 and apply in respect of taxation years commencing on or after November 1, 1999. Section 93(1)(e.1)(i) as enacted by Section 11 of this Act comes into force on proclamation and applies in respect to the taxation years specified on proclamation.

In Force: On Proclamation

Appropriation (Interim Supply) Act, 1999 Bill 19

Appropriation Act, 1999 Bill 33 Summary: Allows for payment of a lump sum of $41,251,568 from the General Revenue Fund in order to defray charges and expenses of the Legislative Assembly for the fiscal year ending March 31, 2000. Authorizes payment from the General Revenue fund of $13,149,586,000 to defray charges and expenses of the Public Service for the fiscal year ending March 31, 2000. Payment of $176,012,000 from the General Revenue fund is authorized for non-budgetary charges and expenses of the Public Service for the fiscal year ending March 31, 2000. From the Lottery fund, $769,500,000 may be used to defray the expenses of the Public Service classed as lottery fund payments, for the fiscal year ending March 31, 2000.

In Force: April 29, 1999

Agriculture Financial Services Amendment Act, 1999 Bill 3

Summary: The sum of $12,933,000 may be paid from the General Revenue fund to defray the expenses of the offices of the Legislative Assembly for the fiscal year ending March 31, 2000. A further sum of $3,336,869,000 may be paid from the General Revenue fund to defray expenses to the Public Service for the fiscal year ending March 31, 2000. Authorization is given for the payment of $50,500,000 from the General Revenue Fund to defray the non-budgetary expenses of the Public Service for the fiscal year ending March 31, 2000. From the Lottery Fund, the sum of $187,826,000 may be used to defray the expenses of the Public Service classed as Lottery fund payments for the fiscal year ending March 31, 2000.

Amends: Agriculture Financial Services Act, S.A. 1993, c.A-12.

Summary: Allows the Agriculture Financial Services Corporation to market and provide expertise and skills, or provide service related business of the Corporation to any government or person whether or not located within Alberta. Allows the Corporation to setoff any funds, as defined, owing to any person against any debt, as defined, owing to the Corporation by that person. Nothing is construed so as to restrict any right of setoff that the Corporation may have at law. The Lieutenant Governor in Council may make regulations empowering the Corporation to act as trustee for persons who lend money, establish funds or provide money to persons engaged in an enterprise for which the Corporation might otherwise provide financial service. Repeals the provision allowing the Government of Alberta to enter agreements with the Government of Canada, or other governments, for any purpose related to lending or financial assistance, as well as with respect to insurance or compensation programs. Makes consequential amendments striking out the term “fine” and substituting “penalty”. A prosecution under the division dealing with insurance and compensation, may be commenced at any time within 2 years from the day on which the alleged offence occurred.

In Force: March 23, 1999 Appropriation (Supplementary Supply) Act, 1999 Bill 13 Summary: Allows for payment of a sum up to $256,000 from the General Revenue Fund for defraying operating expenses of the Legislative Assembly for the fiscal year ending March 31, 1999. Authorizes payment from the General Revenue Fund the sum of $82,154,000 towards defraying operating expenses of the public service for the fiscal year ending March 31,

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1999. Authorizes payment from the General Revenue Fund in the amount of $18,700,000 for defraying capital investment costs of the public service for the fiscal year ending March 31, 1999. Authorizes payment up to $1,000,000 from the Lottery Fund for defraying expenses of Lottery Fund payments for the public service. Transfers the sum of $40,000 from the office of the Chief Electoral Officer to the Capital Investment Pool. Transfers the sum of $7,300,000 to the operating expense vote of the Department of Family and Social Services from the Capital Investment Vote of the same department. Transfers the sum of $789,000 to the Capital Investment Vote to the Department of Municipal Affairs from the Operating Expense Vote of the same department.

Transfers the sum of $800,000 to the Capital Investment Vote of the Department of Public Works, Supply & Services from the operating expense vote of the same department. Allows the Minister of Advanced Education & Career Development to transfer part of the operating expense vote administered by that Minister to any other Minister for Achievement Bonus Program approved by that Minister.

adoptive applicant wishes to disclose his identity to the family applicant.

If the applicants agree, disclosure shall be made. A veto may be filed with the Minister indicating the person does not want disclosure of his person’s identity. If a person 18 years or older makes written requests to the Minister, the Minister may release the original registration information under the Vital Statistics Act, if the Minister receives written consent from each biological parent, or verification of one of the parent’s death.

With respect to a person who is adopted under an Adoption Order made on or after January 1, 2000, upon receiving written request from an adopted person 18 years or older or from a biological parent, the Minister may release the original registration of birth under the Vital Statistics Act, other than personal information about an individual who is not the adopted person or biological parent. The request can only be made from a biological parent if the adopted person is 18 years and 6 months of age or older. A veto may be registered with the Minister prohibiting release of the sealed documents. Information may be released to an adopted person with respect to the biological mother, biological father, siblings, adopting parents or descendants if that information does not disclose the identity of those persons. The Vital Statistics Act is amended by providing the Director, and request of the Minister of Family and Social Services, shall provide from a special register a copy of an adopted person’s original registration for birth for release to the adopted person in accordance with the Child Welfare Act.

In Force: March 8, 1999 Assured Income for the Severely Handicapped Amendment Act, 1999 Bill 32 Amends: Assured Income for the Severely Handicapped Act, R.S.A. 1980, c. A-48; Maintenance Enforcement Act, S.A. 1985, c. M-0.5

In Force: On proclamation.

Summary: The Amendment provides for the enactment of a preamble to the Act. Definitions for “dependent child” and “spouse” are added. There is a repeal and substitution for the definition of “severely handicapped”.

Handicapped benefits are amended to include the provision of health benefits in accordance with the regulations. Further, such benefits may take into account whether the person who is entitled to receive a handicap benefit has a spouse or dependent child, or both. Eligibility requirements to receive a handicap benefit are repealed and substituted. Now, the eligibility requirements consider the value of assets owned by the person or person’s spouse which are not exempt. Provision is also made to allow the Director to pay all or part of a person’s handicap benefit to a third party if it is necessary to protect the financial interests of the person. The recipient must also continue to meet an asset test. Further provision is made to exempt various assets in the calculations for the asset test as well as take into consideration deemed assets and income. A recipient of handicap benefits must notify the Director of any material changes in their circumstances. Handicap benefits may also be discontinued where the applicant or a spouse of the applicant has refused or neglected to provide certain information. The government is subrogated to the right of maintenance or alimony under any Act, Order of a Court or Agreement which are provided to the person who is being paid a handicap benefit. Provision is made for the Director to review this Act in 5 years after the coming into force of this review section. Such review must be submitted to the Minister one year after the beginning of the review period which will include a report that has any recommendations for amendments.

Dairy Industry Act, Bill 2 Amends: Dairy Board Act, R.S.A. 1980, c. D-1 Repeals:

Dairy Industry Act, S.A. 1981, c. D-1.1

Summary: The Minister in charge of this Act may designate a Director under the Act. The duties and the responsibilities of the Director are outlined. The Director may delegate any power or duty under the Act. Analysts or inspectors may be designated by the Director for the purposes stated under the Act. Licenses are required for a producer or processor of dairy product, or an operator of a pasteuriser at a dairy plant. Licenses may be issued in accordance with the regulations, and the Director may also impose conditions on the license. A license may be suspended or cancelled, with reasons provided, if a person has failed to comply with the Act, regulations or conditions, has provided false or misleading information on the application for a license or owes fees. The Act allows a Director and inspector to enter and inspect buildings (other than a private dwelling place), land, milk transport vehicles or depots, where operations fall under the Act. Powers to carry out the inspection are outlined in the legislation. Applications may be made to the Court of the Queen’s Bench directing a person allow the Director or inspector to exercise powers under the Act, and authorizing a Peace Officer to accompany the Director or inspector for the purposes of providing protection. An inspector is able to seize or detain dairy products if a contravention is reasonably believed to have been committed. An official grading of milk is determined by an analyst or inspector under the Act. Regulations set out standards of buildings, land, equipment and utensils which must be met, and if not met the inspector may require the producer to cease supplying milk until contravention is remedied. Notice of any such Order is provided to the Dairy Board and processors. The Act allows for rejection of abnormal milk by a bulk milk grader, and the Director has provided a written notice of the rejection, as well as reasons. Procedures for testing of rejected milk are set out in the legislation. A processor’s decision may be reviewed by an inspector, and if the inspector reverses the decision a processor must pay for the raw milk. Rejection of milk may also be made if milk contains drug residues that do not meet the regulations. Taking of raw milk for the purposes of sampling and testing must meet the requirements of the Act and regulations. Test results of an approved laboratory must be provided to the Director and the processor who has supplied the sample, and on request, must be provided to the producer of milk and another processor directed by the Dairy Board.

Results must also be provided to the Dairy Board itself. Records of any such test must also be kept at the Dairy Plant. A review process is outlined under the Act. The Minister may designate approved laboratories for the purposes of performing tests, as well as inspection agencies, and both may collect fees in accordance with the Act. The Minister may assess every producer and processor for a reasonable proportion of total costs of inspections and of performing tests on raw milk, and may fix and determine time and method by which assessments are payable. Such

In Force: On proclamation Child Welfare Amendment Act, 1999 Bill 6 Amends: Child Welfare Act, S.A. 1984, c. C-8.1; Vital Statistics Act, R.S.A., c. V-4.

Summary: Adds definition of “descendant” being an adult child or adult grandchild of a deceased adopted person. References to “Director” are changed to “Minister” for purposes relating to adoption. There is a change in section numbers referenced in respect to documents pertaining to an adoption being sealed, and when they may be opened. The identity of an adopted person with respect to an adoption may be disclosed when there are compelling circumstances to support disclosure. If both an adoptive applicant and family applicant make an application to know the identity of the other, the Minister shall make reasonable efforts to locate the applicants. If the family applicant is a biological parent of the adopted person or a sibling and both applicants are located, the Minister shall disclose the identity to the other. If one of the applicants is located, the other’s identity shall be disclosed. If a family applicant is an adult related by blood in another way, or an adult member of an Indian band of which the adopted person is a member, the Minister shall make reasonable efforts to locate the applicants, advise the adoptive applicant that the family applicant has requested information, and inquire whether the

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assessments are debts to the Crown and may be collected by the Crown or the Dairy Board on behalf of the Crown. A certificate or report of an analyst may be admitted into evidence as prima facie proof of the facts stated therein, without proof of the signature or official character of the analyst. Variances are permitted to be issued under the Act. The Act sets out offences and penalties, most of which penalties entail a fine of not more than $25,000.00, and forfeiture to the Crown of dairy products.

Sets out regulation making powers of the Lieutenant Governor in Council.

multi employer plan or a multi unit plan where the plan has a solvency deficiency after the termination of the plan. Provisions for the predecessor and successor plans of employers is repealed and substituted.

Further repeal and substitution is made of the provisions related to surplus and excess assets. This amendment provides for many small amendments, which are too numerous to detail in this summary.

In force:

On Proclamation

In Force: August 1, 1999

Engineering, Geological and Geophysical Professions Amendment Act, 1999 Bill 18

Domestic Relations Action Amendment Act, 1999, Bill 12

Amends: Engineering, Geological and Geophysical Professions Amendment Act, S.A. 1981, c.E-11.1.

Amends: Domestic Relations Act, R.S.A. 1980, c.D-37.

Summary: Provides for regulation of Registered Professional Technologists (engineering) and Registered Professional Technologists (geological, geophysical). Allows engineering technologists to engage in the practice of engineering within a specified scope of practice. Also creates a Registrar to maintain a registry of names of those persons who have paid the fee prescribed and have been approved by the Board of Examiners as a Registered Professional Technologist (engineering). Further provisions are made relating to the Board of Examiners, registration as a Registered Professional Technologist (engineering) and practice prohibition. New powers are also given to the Lieutenant Governor in Counsel to make regulations with respect to the practice of Geology or Geophysics or both.

Summary: Substitutes the definition of “Court” to mean “Court of Queen’s Bench” and amends definition of “Spouse” to include legally married and common law relationships between 2 people of the opposite sex. The Court has jurisdiction to hear and ask for a judicial separation or restitution of conjugal rights, an application for spousal support or alimony when both parties are domiciled in Alberta when the action is commenced, had a home in Alberta when their cohabitation ceased or a residence in Alberta when the action is commenced. Has provisions allowing the Court to make a spousal support order where spouses are living separate and apart and there is no possibility of reconciliation. Such support order may direct periodic sums or lump sums or both. Also allows for an interim support order, and sets out factors the court must take into consideration with respect to the conditions, means, needs and other circumstances of each spouse. The Court may make a variation order varying, rescinding or suspending, prospectively or retroactively a spousal support order after considering factors set out in the Act. If the order is for a definite period, the Court may not make a variation order on an application brought after the period, unless it is necessary to relieve economic hardship and there are changed circumstances. The legislation allows spouses to enter into an agreement that prevails over a spousal support order but the Court may disregard the agreement if the agreement was entered before coming into force of this section, and not made in contemplation of the coming into force, there was no independent legal advice received by the spouse challenging the agreement, the agreement involved removal of one spouse’s barriers to remarriage within the spouse’s faith, the spouses subsequently married each other after living common law, there are children of the relationship that are not adequately supported, or one of the spouses is on social assistance without support from the other spouse.

In Force: April 29, 1999 Family Law Statutes Amendment Act, 1999 Bill 26 Amends: Domestic Relations Act, R.S.A. 1980, c.D-37; Provincial Court Act, R.S.A. 1980, c.P-20.

Summary: Provides that the court may order that a person who has custody of a child and who wishes to change the place of residence of that child must provide notice to any person who is entitled to access under an access order of when the change will be made and the address of the new place of residence at least thirty (30) days before the change or within such other period as the court may specify. Includes a new Part in the Act for the enforcement of access orders which applies only to the enforcement of those provisions of an access order which provide for access to a child at determinable times, on determinable days or dates or for determinable periods. No other rights or remedies provided by law to enforce, confirm, vary, terminate or revoke an access order. Allows a non-custodial parent or a custodial parent who has been denied access to apply for an access enforcement order. Provides for various provisions which may be included in an access enforcement order. The court may refuse to make an order where the denial of access to the child was excusable in the circumstances or may make an order which is appropriate in the circumstances. The court may order a non-custodial parent to reimburse a custodial parent for any necessary expenses incurred as a result of the failure to exercise access. Provision is made to take into consideration the best interests of the child. Further applications may be made to vary, terminate or revoke an order made under this part. Applications must be made pursuant to the regulations. An applicant may, in certain circumstances, request an enforcement officer to give assistance to the applicant. The enforcement officer need not bring the child to the applicant if they determine that it is not in the best interests of the child. Provision is made for the court to appoint a mediator to mediate any matters at issue between the parties. Power is given to the Lieutenant Governor in Council to make regulations in certain circumstances.

In Force: The Act applies to common law relationships arising before or after the Act comes into force. In force on May 19, 1999.

Employment Pension Plans Amendment Act, 1999 Bill 30 Amends: Employment Pension Plans Act, S.A., 1986 c. E-10.05 Summary: Various definitions are added, and repealed and substituted. There are also additional interpretation provisions added. A new provision gives the Superintendent power to charge certain fees and direct compliance with the Act. A new provision is made for the administration or organization of multi-unit plans. Additional provision is made to state that where a member has been a member for a continuous period of at least two years, or in the case of a specified multi employer plan has had two years of continuous employment and terminates his membership while employed in Alberta he immediately vests with his pension with respect of his membership. Provision relating to minimum employer contributions for funding of pension is repealed and substituted. As well, the preretirement death benefit provision is repealed and substituted. New provision is made for the provision of ancillary benefits. Amendment is made to state that a pension must commence not later than the last moment as of which that person is allowed to commence to receive a pension under the Tax Act. New provision is made for a further variation for reduction in working time. Provision relating to benefits and assets on winding up is repealed and substituted. There is a new part which has been added to the Act which governs the division and distribution of benefits on spousal relationship breakdown. Of note, “spouse” means a spouse, including a former spouse, but does not include common-law spouses. New provision is made to require an employer to continue to make payments into a pension plan other than a specified

Further amendment is made to the Provincial Court Act to allow a court to order that any person who has custody of a child notify any person who is entitled to access of that child of any intention to change the place of residence of that child. Such notice must be given thirty (30) days before the change, or within such other time as the court may specify, and must include when the change will be made and the address of the place of residence of the child. The Lieutenant Governor in Council is given power to make regulations respecting courses and programs which a party must attend.

In Force: On Proclamation.

Farming Practices Protection Statutes Amendment Act, 1999 Bill 202

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Amends: Agricultural Operations Practices Act, S.A. 1997, c.A-7.7; Municipal Government Act, S.A. 1994, c.M-26.1

body. Provision is made to shorten the time period for which a public body must retain personal information on an individual. Additional provision is made for transferring a request to correct personal information from one public body to another public body. Provisions are made for allowing a post-secondary educational body to use personal information for fund raising activities. However, if requested to do so by an individual, a post-secondary educational body must discontinue using that individual’s personal information. Further provisions are made in respect of when a public body may disclose personal information. There is a new part which has been added to the Act regarding disclosure of information in archives. Amendment is made to the provision relating to the power to authorize a public body to disregard requests. A request for a review of a decision, if the request is pursuant to Section 62(2) must be made within 20 days after the person asking for the review is notified of the decision. The provision relating to complying with orders is repealed and substituted. A public body, or person acting on behalf of a public body must not take any adverse employment action against an employee as a result of the employee properly disclosing information in accordance with this Act. The provision relating to review of the Act is repealed and substituted. Repeals and substitutions made with respect to the coming into force of provisions of various sections under the Act.

Summary: Under the Agricultural Operations Practices Act adds a definition of “nuisance”. Provides that when an action for nuisance lies against a person who carries on an agricultural operation, the Court may order the party who commenced the action to furnish security for costs, and may award party and party costs and solicitor and client costs, or either of them. The Municipal Government Act is amended by providing a definition of “agricultural operation”. A Municipal Development Plan must contain policies respecting protection of agricultural operations, including, but not limited to the need for written notice to be provided to the owners of lands situated adjacent to those operations. The municipality must also consider protection of agricultural operations in preparing a land use bylaw, and must establish a method of providing notice to owners of land adjacent to agricultural operations.

In Force: The Act, except Section 2, comes into force on proclamation; Section 2 comes into force 3 years after the Act receives Royal assent. (Royal assent being April 29, 1999).

Fiscal Responsibility Act, 1999 Bill 1

In Force: May 19, 1999

Amends: Alberta Heritage Savings Trust Fund, S.A. 1996, c.A-27.01; Financial Administration Act, R.S.A. 1980, c.F-97; Government Accountability Act, S.A. 1995, c.G-5.5

Gaming and Liquor Amendment Act, 1999 Bill 36 Amends: Gaming and Liquor Act, S.A. 1996, c.G-0.5

Repeals:

Balanced Budget & Debt Retirement Act, S.A. 1995, c.B-0.5; Deficient Elimination Act, S.A. 1993, c.D-6.5

Summary: Allows minister to make policies which must be followed by the commission or the board in carrying out the powers under the act. The Lieutenant Governor in Council may appoint a Chief Executive Officer of the commission. No action or proceeding may be instituted or continued against the Crown or Minister of the Crown, the Commission, the Board or its members, the Chief Executive Officer, inspectors or employees of the Commission based on any claim or cause of action whether before or after this enactment, for compensation related to video lottery terminals or agreements with retailers. Provisions are made for agreements made between the commission and retailers respecting video lottery terminals to be terminated in the listed municipalities. All video lottery terminals must removed from establishments in those municipalities. The commission may not enter into any further agreements with video lottery terminal retailers for the placement of such terminals in establishments in municipalities listed unless the policy of the minister authorizes the commission to do so. This enactment applies to all agreements with retailers existing on the coming into force of this act and should there by a conflict between an agreement with the retailer and this Act, this Act shall prevail.

Summary: Provides that actual expenditure during fiscal year must not be more than actual revenue. Provides that the consolidated fiscal plan must include an economic cushion equal to at least 3½% of estimated revenue for each fiscal year set out in the plan. Provides that if forecast revenue less forecast consolidated debt servicing costs exceeds estimated program expenditure, not more than 25% of the excess may be committed in the fiscal year for program expenditure initiatives, or revenue reduction initiatives that were not included in the consolidated fiscal plan for that year. Makes provision for where the Lieutenant Governor in Council has declared a public emergency or disaster. Sets out debt elimination schedule which the Government is committed to. Notwithstanding the Financial Administration Act, if authorizing an expenditure by special warrant will increase expenditure for a fiscal year, the Lieutenant Governor in Council may not order a special warrant, unless the Legislative Assembly is dissolved and not convened after a general election or if in the opinion of the Lieutenant Governor in Council the money is urgently required because of public emergency or disaster. A new added committee under the Auditor General Act must report publicly to an Executive Council on progress of debt elimination. The Act applies to 1999, to 2000 and to subsequent fiscal years, with the exception of the debt elimination schedule and the audit committee reporting. Those sections apply to fiscal years following the debt elimination.

In Force: May 19, 1999 Government Fees and Charges Review Act Bill 35

In Force: Section 10 comes into force on proclamation. Remainder March 23, 1999.

Summary: Provides for the establishment of the fees and other charges referred to in this Act until such time as a review of those fees and other charges can be completed. Applies only to fees and other charges which are authorized to be established by regulation or an order or directive of a Minister or other person or body, the revenue from which is to paid into the general revenue fund, and those that are imposed in respect of an enactment or a provision of an enactment referred to in schedule 1. Schedule 1 lists various acts which this act applies to. Schedule 2 lists those fees or other charges which may be imposed. The authority to establish any new fee or charge or to change the amount of any existing fee or charge to which this section applies is suspended until this section expires. No amount in schedule 2 may be increased except by an Act, however they may be decreased by regulation. Existing fees and charges are validated where established by regulation or an order or directive or other person or body where it was required to have been established in an Act. Where a fee or other charge was established by regulation, or an order or directive of a Minister or other person or body, prior to the coming into force of this Act and that fee or other charge was required to be established in an Act, the fee or other charge is deemed, effective from the date the fee or other charge was established by the regulation, order or directive to have been established by this Act and to have been validly imposed and collected.

Section 1 expires on July 1, 2000.

Freedom of Information and Protection of Privacy Amendment Act, 1999 Bill 37 Amends: Freedom of Information and Protection of Privacy Act, S.A. 1994 c. F-18.5 Summary: Various definitions are repealed and substituted. Where a public body contacts an applicant seeking information from that applicant or requesting a fee and the applicant does not respond to the head of the public body within 30 days of being contacted, the head of the public body may declare the request abandoned. Further provision is made to allow the head of a public body to extend time limits for responding to a request.

Amendment is also made to the provision dealing with harmful disclosure to personal privacy. Further amendment is made to the ability of the head of a public body to refuse to disclose personal information which identifies or could reasonably identify a participant in a formal employee evaluation process. There is a limit on the exemption of the Act to information which is the result of a product or environmental test being carried out for or by a public body, that is complete or on which no progress has been made for at least three years. Amendment is made regarding the ability of a head of a public body to refuse to disclose to an applicant information in relation to the Attorney General or public

In Force: May 19, 1999

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Health Professions Act Bill 22

Irrigation Districts Act Bill 21

Repeals:

Repeals:

The following Acts are repealed: Chiropractic Profession Act, S.A. 1984, c.C-9.1; Dental Mechanics Act, R.S.A. 1980, c.D-9; Dental Profession Act, S.A. 1983, c.D-9.5; Medical Profession Act, R.S.A. 1980, c.M-12; Nursing Profession Act, S.A. 1983, c.N-14.5; Occupational Therapy Profession Act, S.A. 1987, c.O-2.5; Opticians Act, R.S.A. 1980, c.O-8; Optometry Profession Act, R.S.A. 1980, c.O10; Physical Therapy Profession Act, S.A. 1984, c.P-7.5; Podiatry Act, R.S.A. 1980, c.P-11; Psychology Profession Act, R.S.A. 1985, c.P25.01; Registered Dietician’s Act, S.A. 1983, c.R-10.1; Social Work Profession Act, S.A. 1991, c.S-16.5; Health Disciplines Act,(except clauses (a) to (d), (f) to (i), (k) and (l) of the Schedule) S.A. 1980, c.H3.5; Health Disciplines Act, (Clauses (a), (b) (c), (c.1), (d), (f), (g), (h), (i), (k), (l) of the Schedule) R.S.A. 1980, c.H-3.5; Section 3 of the Health Occupations Amendment Act, 1983; Section 14 of the Health Disciplines Amendment Act, 1988, c.23; Section 3(8) and (9) of the Professional Statutes Amendment Act, 1994; Dental Disciplines Act, S.A. 1990, c.D-5, except sections 1(e) (i) to (iii), (f), (g) (1), 2 to 4, 7(1) to (3) and 75(1) (a)(i) to (iii); Dental Disciplines Act, S.A. 1990 c.D-5, Sections 1(e)(i) and (f) to 7(1) and 75(1)(a)(i); Dental Disciplines Act, S.A. 1990 c.D-5, 1(e)(ii) and (g), 3, 7 (2) and 75 (1)(a)(ii) and Dental Disciplines Act, S.A. 1990 c.D-5, 1(e)(iii) and 1, 4, 7, 3 and 75 (1)(a)(ii).

Irrigation Act, R.S.A. 1980, c.I-11; Magrath Irrigation District Act, 1932.

Amends: Agricultural Service Board Act, R.S.A. 1980, c.A-1; Builders’ Lien Act, R.S.A. 1980, c.B-12; Crop Liens Priorities Act, R.S.A. 1980 c.C-34; Government Organization Act, S.A. 1994, c.G-8.5; Land Titles Act, R.S.A. 1980, c.C-5; Municipal Government Act, S.A. 1994, c.M-26.1; Pipeline Act, R.S.A. 1980, c.P-8; Public Lands Act, R.S.A. 1980, c.P-30; Water Act, S.A. 1996, c.W-3.5 Summary: An extensive act providing for the formation, dissolution and governance of irrigation districts in order that the management and delivery of water in districts occur in an efficient manner. Crown is bound by the act. Minister can delegate any power to an employee of the Crown under this Act other than those powers to make regulations. Various irrigation districts are created. Further provisions are made for the assessment role of each district and enforcement and collection of fees.

This is a very lengthy and substantial act which should be consulted prior to dealing with any issue relating to an irrigation district or water use.

In Force: On Proclamation

Amends: Business Corporations Act, S.A. 1981, c.B-15; Government Organization Act, S.A. 1994, c.G-8.5; Ombudsman Act, R.S.A. 1980, c.O-7; Licensing of Trades and Businesses Act, R.S.A. 1980, c.L-13; Mental Health Act, S.A. 1988, c.M-13.1; Public Health Act, S.A.1984, c.P-27.1; Workers Compensation Act, S.A. 1981, c.W-16; Alberta Health Care Insurance Act, R.S.A. 1980, c.A-24; Chiropractic Profession Act, S.A. 1984, c.C-9.1; Companies Act, R.S.A. 1980, c.C20; Fatality Inquiries Act, R.S.A. 1980, c.F-6; Hospitals Act, R.S.A. 1980, c.H-11; Dependant Adults Act, R.S.A. 1980, c.D-32; Emergency Medical Aid Act, R.S.A. 1980, c.E-9; Interpretation Act, R.S.A. 1980, c.I-7; Students Finance Act, R.S.A. 1980, c.S-24; Agrologists Act, R.S.A. 1980, c.A-13; Livestock Diseases Act, R.S.A. 1980, c.L-22; Conflicts of Interest Act, S.A. 1991, c.-22.1; Child Welfare Act, S.A. 1984, c.-8.1; Freedom of Information and Protection of Privacy Act, S.A. 1984, c.F-18.5; Apprenticeship and Industry Training Act, S.A. 1991, c.A-42.3; Professional and Occupational Associations Registration Act, S.A. 1985, c.P-18.5; Radiation Protection Act, S.A. 1985, c.R-2.1

Insurance Act Bill 25

Summary: This is an umbrella type of legislation which is designed to provide the legal framework for various health related professions including, the medical profession, the dental profession, nursing professions, physiotherapists, occupational therapists, psychologists, social workers, speech therapists, x-ray and lab technologists, respiratory technologists and acupuncturist. All professions would be legislated under this one piece of legislation with any unique matters being dealt with in schedules to the Act. The Act provides for governance of all the professions through a college. Further, there must be a registration committee and a competence committee which also has a complaints review process. An Advisory Board would also be established which would help to provide advice to the Minister in respect of the Act, and any amendments thereto as well as which professions should become regulated. Further there is also a uniform registration process for all professions governed by the Act. Within 5 years of coming into force of this Act there must be a continuing competence program established. There is also provision made to monitor work of a Health Professional. Titles of the Professionals coming under the Act are protected. Such titles to be protected are defined in the Schedules to the Act. A key change is that there is no general scope of practice, but rather the scope of practice for each profession is dealt with in the schedule for that profession. Further, the only area of limitation where another professional will not be able to work within will be Health Services Restricted Activities which will be defined under the Act. Further, the Minister by regulation will determine which Professional or class of Professionals will be able to perform the restricted activities. When dealing with the Health Profession, one should not only look at the Act but also the applicable schedule to which that profession is subject.

Repeals:

Amends: Agricultural and Recreational Land Ownership (Consequential Amendments) Act. R.S.A. c.2 (supp.); Alberta Corporate Tax Act, R.S.A. 1980, c.A-17; Alberta Treasury Branches Act, S.A. 1997, c.A-37.9; Companies Act, R.S.A. 1980,c.C-20; Credit Union Act, S.A. 1989, c.C31.1; Fair Trading Act, S.A. 1998, c.F-1.05; Financial Consumers Act, S.A. 1990, c.F-9.5; Funeral Services Act R.S.A. 1980, c.F-22.7; Hydro and Electric Energy Act, R.S.A. 1980, c.H-13; Interpretation Act, R.S.A. 1980, c.I-7; Land Titles Act, R.S.A. c.L-5; Loan and Trust Corporations Act, S.A. 1991, c.L-26.5; Metric Conversion Amendment Act, R.S.A. 1980, c.M-12 (supp.); Mines and Minerals Act, R.S.A. 1980, c.M-15; Motor Vehicles Accident Claims Act, R.S.A. 1980, c.M-21; Motor Vehicle Administration Act, R.S.A. 1980, c.M-22; Off-Highway Vehicle Act, R.S.A. 1980, c.O-4; Oil and Gas Conservation Act, R.S.A. 1980, c.O-5; School Act. S.A. 1988, c.S-3.1; Securities Act, S.A. 1981, c.S-6.1; Survivorship Act, R.S.A. 1980, c.S-31 37 Acts which incorporate various insurance companies.

Repeal of Acts on proclamation: Altasur Insurance Company Act; Innovative Insurance Corporation Act; Insurance Act, R.S.A. 1980, c.I-5; an Act to incorporate the Merchant’s and Traders Insurance Company; any special Act of the legislature that was enacted after April 1, 1999 and before Subpart I comes into force that incorporates a special Act company.

Repeal of Section: Section 413 is repealed on proclamation.

Summary: This is a comprehensive Act which repeals and replaces the current Insurance Act. The Bill is too comprehensive for detailed treatment in this legislative summary.

In force:

The Act, except Section 414 came into force on proclamation. Section 414 comes into force when Section 413 is repealed.

Land Titles Amendment Act, 1999 Bill 10 Amends: Land Titles Act, R.S.A. 1980, c.L-5; Condominium Property Act, R.S.A. 1980, c.C-22; Law of Property Act, R.S.A. 1980, c.LSummary: Removes references to the duplicate certificate or duplicate certificate of title ( DCT), and repeals provisions outlining issuance of a DCT. Provides that on receiving a request for a search, and payment of the prescribed fee and on fulfilment of any conditions, criteria or qualifications prescribed, the Registrar shall furnish the search of the information.

Provides that before a memorandum of condition or covenant may be entered on a certificate of title, certificates of title must exist for all parcels of land affected. The same provision applies with respect to

In Force: On Proclamation, except for Section 142 (3).

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registering encroachments. Provides that where a signature, consent, or endorsement is required on a plan, the Registrar may require such endorsement to be placed in an acceptable manner on an attachment that references the plan. Replaces provisions dealing with correction of an instrument where: the Registrar is satisfied that any instrument has been issued in error contains a mis-description of land; any entry of an error has been omitted from an instrument; the instrument, or entry, has been fraudulently or wrongfully obtained; or any instrument is fraudulently or lawfully retained. The Registrar may send a notice to the person’s last known post office address for the purposes of same being cancelled, corrected, or completed, as the case requires, and the Registrar may obtain a summons from a judge. The judge may also order that the person be apprehended and brought before the judge for examination. The Registrar may then cancel, correct or complete the register, wholly or partially cancel any instrument, correct any error, and supply entries omitted. Repeals and substitutes the Lieutenant Governor in Council’s regulation making powers.

In Force: On proclamation.

Miscellaneous Statutes Amendment Act, 1999 Bill 39 Amends: Business Corporations Act, S.A. 1981, c.B-15; Cemeteries Act, R.S.A. 1980, c.C-2; Child and Family Services Authorities Act, S.A. 1996, c.C7.3; Child Welfare Act, S.A. 1984, c.C-8.1; Coal Conservation Act, R.S.A. 1980, c.C-14; Consulting Engineers of Alberta Act. S.A. 1992, c.C-22.4; Court of Queen’s Bench Act, R.S.A. 1980, c.C-29; Fair Trading Act, S.A. 1998, c.F-1.05; Fatalities Inquires Act, R.S.A. 1980, c.F-6; Gas Utilities Act, R.S.A. 1980, c.G-4; Government Organization Act, S.A. 1994, c.G-8.5; Highway Traffic Act, R.S.A. 1980, c.H-7; Hydro and Electric Energy Act, R.S.A. 1980, c.H-13; Municipal Government Act, S.A. 1994, c.M-26.1; Off-Highway Vehicle Act, R.S.A. 1980, c.O-4; Oil Sands Conservation Act, S.A. 1983, c.O-5.5; Pharmaceutical Profession Act, S.A. 1988, c.P-7.1; Pipeline Act, R.S.A. 1980, c.P-8; Police Officers Collectively Bargaining Act, S.A. 1983, c.P-12.05; Protection of Children Involved in Prostitution, S.A. 1998, c.P-19.3; Public Utilities Board Act, R.S.A. 1980, c.P-37; Residential Tenancies Act, R.S.A. 1980, c.R-15.3; Safety Codes Act, S.A. 1991, c.S-0.5; Social Work Profession Act, S.A. 1991, c.S-16.5; Vital Statistics Act, R.S.A. 1980, c.V-4; Wildlife Act, S.A. 1984, c.W-9.1.

In Force: The following provisions come into force on July 1, 2000: Sections 2 and 3, 5 to 11, 14, 17 to 40, 42 and 43; remainder on April 29, 1999.

Maintenance Enforcement Amendment Act, 1999 Bill 16 Amends: Maintenance Enforcement Act, S.A. 1995, c.M-0.5; Court of Queen’s Bench Act, R.S.A. 1980, c.C-29; Motor Vehicle Administration Act, R.S.A. 1980, c.M-22

Summary: Makes a number of amendments to the legislation listed above, the most substantial of which include: Under the Business Corporations Act allows for a reinstatement of articles to be done by resolution of the directors where previous amendments are consolidated or if done in conjunction with an amendment the directors are authorized to make without special resolution; must be done by special resolution in all other cases. Deals with step-parent adoptions under the Child Welfare Act. Under the Court of Queen’s Bench Act allows for matters dealing with the Masters in Chambers to be dealt with by the Lieutenant Governor in Council through regulations. Under Highway Traffic Act, provides that trailers are to be equipped with conspicuity system, being display of reflective markings in accordance with requirements under federal legislation. Under Coal Conservation Act; the Pipeline Act; the Hydro Electric Energy Act and Oils Sands Conservation Act removes references to the approval of the Minister of Environmental Protection.

Under the Pharmaceutical Protection Act, the Lieutenant Governor in Council may designate a drug as a drug, and may use codes, standards, or lists that are readily available. The Safety Codes Act is amended to make reference to “Accredited Regional Services Commission”, and makes consequential amendments throughout dealing with requirements of accreditation of such commissions and functions of an accredited commission, including information that must be released to a municipality. Under the Wildlife Act repeals provisions and references dealing with Fish And Wildlife Trust Fund.

Summary: Allows a debtor under the Act to file an order with the Director. Either party who is eligible to be a party to a maintenance order and enter into an agreement with respect to maintenance, may file the agreement with Court of Queen’s Bench. Once filed, the agreement may be dealt with under the Act. The other party has 30 days from the date they are notified of the filing to apply to have the filing set aside. A maintenance order may not be varied by an agreement, but an agreement may be varied by an order. The section will apply only to agreements entered into after a day specified in the regulations. The Act defines “business organizations” to provide outlined information to the Director for the purposes of enforcing a maintenance order. The Director may implement any method appropriate to locate a debtor, and if a debtor is in arrears of payment of maintenance, the Director may, subject to regulations, provide information to outlined organizations. Under the Act, the Director may issue a notice of continuing attachment, and within 30 days must file a notice in the Court of Queen’s Bench. If documents are issued in another jurisdiction that are similar to the documents under this Act, and the debtor has property or funds in Alberta, the Director may attach that property or those funds by way of the document. If a debtor is in default for more than 60 days then the Director may give notice to the Registrar under the Motor Vehicle Administration Act to cancel any operator’s license. When there is an order under this Act, the Director may request the Registrar to make the operator’s license subject to any terms that the Director considers appropriate in the circumstances. The Court has ability to require the debtor to forward to the Director information considering financial affairs or property and funds, and the Court may also require a corporation that the debtor is exercising or has exercised authority over to provide information. The Director may apply to the Court of Queen’s Bench directing that certain property or funds are attachable, direct seizure and sale or subject property to a continuing attachment for the purposes of payment of arrears. Replaces provisions allowing a debtor to apply to Court to suspend continuing attachment proceedings. That does not affect enforcement proceedings with respect to a federal enactment, registration or filing made by the Director at Land Titles or Personal Property or proceedings under 16.1 referring to steps to be taken under the Motor Vehicle Administration Act. Such order suspending proceedings is in effect for 3 months, and the debtor may apply to Court to vary the maintenance order at which time the Court may make an order suspending continuing attachment proceedings for a further period of not more than 6 months. If a debtor is chronically in default, the Director may require the debtor to pay to the Director costs of enforcement. No action lies against the Government, the Director or an employee for any act or omission in execution of the legislation, unless it is proved that the person acted maliciously and without reasonable and probable cause. This section does not apply to any cause of action that arose prior to coming into force of this section. Regulation making powers of Lieutenant Governor in Council are expanded to deal with information that may be released, agreements, advertising, costs, fees and other matters.

In Force: May 19, 1999.

Municipal Government Amendment Act, 1999 Bill 14 Amends: Municipal Government Act, S.A. 1994, c.M-26.1 Repeals:

Border Areas Act, R.S.A. 1980, c.B-9

Summary: Allows a municipality to provide services in other areas if another municipality agrees to such services and if a province adjoining Alberta receiving such services agrees. Allows a municipality to acquire an interest in land in a province adjoining Alberta if the local government within those boundaries agrees in writing. Defines mediation dealing with annexation provisions. In a report of negotiations and annexation, a description of attempts to use mediation must be outlined, and if mediation did not occur, the reasons for it. Provisions dealing with mediation do not apply with respect to annexations initiated before those sections come into force. Replaces the definition of assessor, operator in respect of linear property and replaces provisions dealing with what assessments must reflect with respect to linear property, and what the assessor may request the operator of linear property to provide. Removes from the definition of requisition reference to hospital districts under the Hospitals Act, health regions under the Regional Health Authorities Act and leaves only requisition of ambulances under the Ambulance Services Act. Also removes from the definition of requisition reference to the Senior Citizens’ Housing Act and replaces with reference under the Alberta Housing Act. Has provisions allowing a municipality to tax the value of electricity being transported by a public utility under a tax

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agreement. Allows for business tax assessments to be based on percentage of net annual rental value of premises. Provides that if, after a local improvement tax rate has been set, it is discovered that the actual cost of the local improvement is higher than the estimated cost, council may revise, once only over the life of the local improvement, the rate with respect to future years so the local improvement tax bylaw will raise sufficient revenue to pay for the actual cost. In addition to other encumbrances that remain on title in tax recovery, liens registered under the Rural Electrification Long Term Financing Act are added. Provides that a fee set by council must accompany a complaint with respect to assessment or tax. Allows for complaints to be made after a local improvement tax rate has been revised, but such complaint must be made within one year after such revision. Provides that if an Assessment Review Board makes a decision not in favour of the complainant, and on appeal, the Municipal Government Board finds in favour of the complainant, fees must be refunded to the complainant. Protection from liability is afforded to municipalities acting under statutory authority unless the cause of action is negligence or any other tort. Defines “detrimental to the surrounding area” and “unsightly condition” with respect to an order to remedy dangers and unsightly property. Council may be requested to review an order dealing with dangers and unsightly property within 14 days the order is received with respect to a section 545 Order, and 7 days from the date the Order is received in respect of a section 546 Order, or any longer period specified by bylaw. An appeal must be made within 30 days for a section 545 Order and within 15 days for a section 546 Order. Allows for certain amounts owing to the municipality to be added to the municipality’s tax roll with respect to property, tax rolls, and business tax rolls. Provides that the minimum fine for a person found guilty of contravening or not complying with an Order under section 546 or 551 is $300.00. Allows a commission to perform services outside its boundaries with the approval of the Minister and the municipal authority where the services are to be provided, and in the case of services in a province adjoining Alberta, the authority from that province. Allows a commission to acquire land in an adjoining province, where the local government consents in writing to the acquisition, but it does not apply where a commission acquires an option in land but does apply where the commission exercises an option. Has a definition of mediation and mediation apply to planning and development matters. Allows a municipality to register a caveat under the Land Titles Act in respect of any restrictive covenant granted by an owner of land to the municipality, as well as allowing registration under the Land Titles Act of encroachment agreements entered into with respect to roads. Adds provisions of mediation with respect to concerns of detrimental effects by one municipality’s statutory plan, land use bylaw or amendments to same on another municipality. Provides that an agreement made by a municipality under the Border Areas Act that is in force prior to coming into force of section 45 of this legislation, is continued as if made under this Act.

Amends: Government Organization Act, S.A. 1994, c.G-8.5; Health Professions Act Summary: Provides for the licensing of Pharmacies. Various provisions relating to the display of a license and obligations of a licensee. Further, Part 2 deals with the protection of the public and the discipline procedure. This Part allows for the inspection of a licensed pharmacy and for a report by field officer. There is also provision made for complaints and misconduct. Part 4 deals with what drugs are. Drugs may only be dispensed or sold by a licenced pharmacy or an institutional pharmacy. Part 5 of the Act deals with offences and penalties under the Act. Provision is made for protection from liability for certain individuals in respect of anything done or omitted to be done in good faith under the Act. Further protection is provided for defamation actions in certain circumstances.

In Force: On Proclamation Provincial Court Judges Amendment Act, 1999, Bill 8 Amends: Provincial Court Judges Act, S.A. 1981, c. P-20.1 Summary: Provides that a Judge appointed as Chief Judge holds office for a term of 7 years, and may not be reappointed. A Deputy Chief Judge may be appointed for a term not exceeding 7 years and is not able to be reappointed to that office. Assistant Chief Judge holds office for a term of 5 years and may not be re-appointed to that office or to any other office of Assistant Chief Judge. The section applies to Assistant Chief Judges who are appointed after this section comes into force. Records with respect to information relating to selection of Judges are confidential and are not subject to the Freedom of Information and Protection of Privacy Act. Changes the Lieutenant Governor In Council regulation making power with respect to “pension benefits for Judges and their spouses or survivors to benefits under one or more pension plans for specified Judges and other individuals deriving benefit entitlements through them”. The Lieutenant Governor In Council has regulation making powers with respect to continuation or establishment of pension plans.

In Force: April 29, 1999 Public Sector Pension Plan, 1999 Bill 11 Amends: Public Sector Pension Plans Act, S.A. 1993, c.P-30.7 Summary: Makes amendment to the Local Authorities Pension Plan Schedule.

Provides that the Crown has no further liability in respect of pre-1992 unfunded liability. Repeals provisions dealing with Crown liability for additional contribution to other plan’s pension fund with respect to withdrawing employers and employees. Amends the University’s Academic Pension Plan schedule. Provides that where a withdrawal is proposed, the withdrawing employers and legal owners of the pension funds of other pension plans must indemnify the Crown, and any liability under such an indemnity is required to be met only from that pension plan. The same provision also provides where a termination is proposed. Amends the Management and Employees Pension Plan schedule by providing the Lieutenant Governor in Council may make regulations with respect to the exit of a prescribed employer from the plan and establishing terms and conditions for the exit. The regulations under the former clause may provide that the amount of assets to be transferred from the plan with respect to the exit is to be reduced in accordance with outlined principles. Regulations may be different for different employers and need to apply from the effective date of exit that is prior to the commencement of the subsection. Amends schedule 6 with respect to Closed Management Plan of exited employers from Active Management Plan by providing the Lieutenant Governor in Council may make regulations considered necessary or advisable to the full effect to regulations governing exit of prescribed employers. The Lieutenant Governor in Council may make regulations with respect to transfer of pension entitlements between the plan and other pension plans established or continued by Alberta legislation. The Board shall, when requested by the Minister, have an actuarial valuation of the plan performed and report on that valuation prepared with respect to unfunded liability and service and benefits. The Provincial Treasurer shall advance money from the General Revenue Fund to make payments of additional contributions to be paid by the Crown. If an actuarial evaluation shows the plan’s unfunded liability has been eliminated as of the effective date of valuation then, with respect to any period after that date, additional contribu-

In Force: Section 10(b) is deemed to have come into force on December 31, 1998, Section 13 comes into force on December 31, 1999, remainder April 29, 1999.

Partnership Amendment Act, 1999 Bill 34 Amends: The Partnership Act, R.S.A. 1980, c. P-2; Certified Management Accountants Act, S.A. 1987, c.C-3.8; Chartered Accountants Act, S.A. 1987, c.C-5.1; Chiropractic Profession Act, S.A. 1984, c.C-9.1;Dental Profession Act, S.A. 1983, c.D-9.5; Legal Profession Act, S.A. 1990, C.L-9.1; Medical Profession Act, R.S.A. 1980, c.M-12; Optometry Profession Act, S.A. 1983, c.O-10 Summary: Provision is made for a new definitions relating to limited liability partnerships. Importantly, a new provision is added relating to the limited liability of an Alberta Limited Liability Partner. A new Part is added to the Act for the registration of Limited Liability Partnerships. This Part deals with, among other things, applications for registration as a Limited Liability Partnership, registration, notice to clients, registered offices, partnership lists, reports, name, service, as well as registration of extraprovincial limited liability partnerships.

In Force: On Proclamation Pharmacy and Drug Act Bill 23 Repeals:

Pharmaceutical Professions Act, R.S.A. 1980, c.G-8

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tions are considered in excess of what was payable, the Crown has no further liability in respect of the unfunded liability.

Amendment is also made to the application of the Act to charter schools.

Provision is also made requiring the Board, prior to May 31 of each year, to give notice to the Minister of the number of hours of instruction to be made available to students in the school by grade and by school. To further enhance the suspension and expulsion provisions the Board is required to make rules in circumstances in which a student may by suspended or expelled and those circumstances where an expelled student may be re-enrolled.

In Force: On proclamation.

Quality Assurance Activity Statutes Amendment Act, 1999 Bill 17 Amends: Alberta Evidence Act, R.S.A. 1980, c. A-21; Freedom of Information and Protection of Privacy Act, S.A. 1994, c.F-18.5

Various provisions relating to termination and re-reinstatement of a suspended teacher are repealed. New provision added relating to the referral of disagreements to arbitration. Sections relating to the creation of the Board of Reference and its process are repealed. Any matter relating to the Board of Reference shall be continued under the rules relating to the Board of Reference after this provision comes into effect.

Summary: Amends the Alberta Evidence Act by providing a definition of “Quality Assurance Activity” meaning planned or systematic activity the purpose of which is to study, assess or evaluate provisions of health services with a view to continual improvement of such health services with a level of competence of health service providers. Also defines: “Quality Assurance Committee” and outlines who may appoint such a committee; and defines “Quality Assurance Record” being a record of information that is received by or for a Quality Assurance Committee. A witness in an action, whether a party to it or not, is not liable to be asked and shall not be permitted to answer questions with respect to proceedings before a Quality Assurance Committee and is not liable to produce, and shall not be permitted to produce, Quality Assurance Records. This does not apply to the original medical and hospital records pertaining to a patient.

This, however, does not excuse the witness from answering any question or producing any documents that the witness is otherwise bound to answer or produce. Disclosure does not create any liability on the part of the person making the disclosure or submission. Section 4 of the Freedom of Information and Protection of Privacy Act does not apply to Quality Assurance Records. A medical committee named under the previous section 9(2)(d) of the Alberta Evidence Act is deemed to be a quality assurance committee within the meaning of this amended section.

In Force: May 19, 1999 Securities Amendment Act, 1999 Bill 29 Amends: Securities Act, S.A. 1981, c.S-6.1.

Summary: New definitions for “clearing agency”, “futures contract” and “reporting issuer”, “commodity”, “quotation and trade reporting system” and “recognized and trade reporting system”. The commission may designate certain products as commodities. Provides that money received by the commission from administrative penalties shall not be used for normal operating expenditures, but rather must only be used for endeavours or activities which may enhance the capital market in Alberta.

Where an interim order is made its takes effect immediately and expires within fifteen (15) days unless the commission or executive director extends such period. A copy of such interim order and an accompanying notice of hearing shall be sent to any company which is directly affected by the order. A commission may review on its own motion, within thirty (30) days from the date an executive director made a decision, that decision. Notice of such review shall be given to the executive director and any company which is directly effected. The definition of party is expanded to include a clearing agency. Amends the provisions dealing with the divulging of information obtained pursuant to an investigation and the release of such information by the executive director. Amendments provide for the recognition of quotation and trade reporting systems where the commission considers it would not be prejudicial to the public interest to do so. Amendments to the registration of persons who trade in a security or act as an advisor. Further amendments allow the executive director to grant an applicant the registration, renewal of registration, reinstatement of registration or amendment of registration which is applied for. An amendment is made regarding the registration requirement where a trade is made in a security or an issue in connection with an amalgamation, merger, reorganization or arrangement. Amendments are made to the registration requirement with respect to trade in securities issued by an issuer or organized exclusively for educational, benevolent and such related purposes. Changes are made to prohibited transactions to include those which perpetrate or may perpetrate a fraud.

In Force: April 29, 1999.

Regulated Forestry Profession Act Bill 27 Amends: Ombudsman Act, R.S.A. 1980, c.O-7 Repeals:

Forestry Profession Act, S.A. 1985 c.F-15.5

Summary: The act creates two Colleges within the forestry profession. They are the College of Alberta Professional Foresters which is a continuation of the corporation known as the Alberta Registered Professional Foresters Association and the College of Alberta Professional Forest Technologists which is a continuation of the corporation known as the Alberta Forest Technologists Association. The Act regulates the governance of these professions through colleges. Provisions are made for registration, regulation of competence and professional conduct within these Colleges. The Act also governs any regulations, bylaws, codes of ethics or standards of practice which may be created for these professions. The scope of the act is far too expansive to review in any detail in this summary fashion.

In Force: On Proclamation.

School Amendment Act, 1999 Bill 20 Repeals:

The commission is also given the power to, where it would not be prejudicial to the public interest, order that a trade be deemed to be a distribution. Other amendments are made respecting when a reporting issuer is deemed not to be a reporting issuer. Amendments have been made in respect of provisions allowing the executive director to apply to the Court of Queen’s Bench for a declaration that a person or company has not complied with the provisions of this Act. The amendment also includes various provisions which may be included in such an order. Further the commission may order a person or company to pay an administrative penalty for non-compliance of not more than $100,000.00 in the case of an individual or not more than $500,000.00 in the case of any other person or company for each contravention or failure to comply. Such penalty may be collected as a judgment of the Court of Queen’s Bench where it is filed with the Court of Queen’s Bench. There is a provision for Civil liability with respect to misrepresentations contained in an offering memorandum. Damages under this section are limited to the amount at which the securities were offered.

Board of Reference Regulation, (AR93/98).

Amends: School Act, S.A. 1988, c.S-3.1.

Summary: Additional definitions are added for “expel” and “suspend”. Provisions made relating to all educational programs to reflect the diverse nature and heritage of society in Alberta. Amendments are made to the powers and abilities of a principal or teacher to suspend a student. Further provision is added relating to the expulsion of a student by a Board.

In order to enforce the new amendment relating to the regulation of instructional materials in schools, power is given to the Minister to cancel or suspend the registration or accreditation of a private school who permits education programs or instructional materials that do not comply with that section. Amendment is made to no longer create a charter school which is operated by a provincial corporation defined in the Financial Administration Act. Further, the operation of a charter school must restrict its purposes to the operation to that charter school.

In Force: On Proclamation.

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Surface Rights Amendment Act, 1999 Bill 4

In Force: Section 6 and 7 on proclamation; remainder April 29, 1999.

Traffic Safety Act Bill 24

Amends: Surface Rights Act, S.A. 1983, c.S-27.1 Summary: Replaces the provision dealing with compensation by providing that where any money is payable by an operator (as defined under the amendment) under a compensation order or surface lease, the legislation allows the person entitled to receive the money to submit to the Board written evidence of non-payment, and the Board shall send written notice to the operator demanding payment. Allows the Board to suspend the operator’s right to enter the site, and, after giving notice, terminate all the operator’s rights under the right of entry order or lease, without affecting the operator’s obligations with respect to the site. Payment may be made under the General Revenue Fund if the operator does not make payment, and such payment constitutes a debt owing by the operator to the Crown.

Amends: Agricultural Pests Act, R.S.A. 1994, c.A-8.1; Business Corporations Act, S.A. 1981, c.B-15; Conflicts of Interest Act, 1981, c.C-22.1; Court of Queen’s Bench Act, R.S.A. 1990, c.C-29; Dangerous Goods Transportation and Handling Act, S.A. 1998, c.D-3.5; Environmental Protection and Enhancement Act, S.A. 1992, c.E-7.3; Fuel Tax Act, S.A. 1987, c.F-22.5; Government Organization Act, S.A. 1994, c.G-8.5; Innkeepers Act, R.S.A. 1980, c.I-4; Insurance Act, R.S.A. 1980, c.I-5; Livestock Identification and Brand Inspection Act, S.A. 1985, c.L-22.5; Maintenance Enforcement Act, S.A. 1985, c.M-0.5; Motor Vehicle Accident Claims Act, R.S.A. 1980, c.M-21; Motor Vehicle Administration Act, R.S.A. 1980, c.M-22; Municipal Government Act, S.A. 1994, c.M-26.1; Possessory Liens Act, R.S.A. 1980, c.P-13; Provincial Offences Procedure Act, S.A. 1988, c.P-21.5; Provincial Parks Act, R.S.A. 1980, c.P-22; Public Highways Development Act, R.S.A. 1980, c.P-28; Railway Act, (S.A. 1998 CR-4.1), S.A. 1998, c.R4.1; Stray Animals Act, R.S.A. 1980, c.S-23; Weed Control Act, R.S.A. 1980, c.W-6; Young Offenders’ Act, S.A. 1984, c.Y-1.

In Force: September 1, 1999.

Surveys Amendment Act, 1999 Bill 5 Amends: Surveys Act, S.A. 1987, c.S-99.1; Land Titles Act, R.S.A. 1980, c.L-5

Repeals: Summary: Provides definition of “cadastral mapping”. Makes amendments throughout by striking out reference to the regulations, and adding “in the form prescribed in the regulations under Land Titles Act” dealing with requirements of surveys made under the Act. Allows the Minister to make orders with respect to tariff fees for goods, services, materials provided under the Act, and requiring payment of a fee for updating cadastral mapping. Repeals the Lieutenant Governor in Council’s regulation making powers over specified areas. Consequential amendments were made to the Land Titles Act.

Highway Traffic Act, R.S.A. 1980, c.H-7; Motor Transport Act, R.S.A. 1980, c.M-20; Motor Transport Act, S.A. 1992, c.M-20.1; Motor Vehicle Administration Act, R.S.A. 1980, c. M-22; Motor Vehicle Accident Claims Act, R.S.A. 1980, c.M-21; Off-Highway Vehicle Act, R.S.A. 1980, c.O-4.

Summary: This is a comprehensive piece of legislation that repeals a number of legislation dealing with highways and motor vehicles. The details of this legislation are too extensive to deal with in the scope of this summary.

In Force: On proclamation.

In Force: March 23, 1999

This guide is published solely for the assistance of persons who require a quick reference to new and amending legislation passed at the Spring 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.

Tobacco Tax Amendment Act, 1999 Bill 9 Amends: Tobacco Tax Act, S.A. 1983, c. T-5.1 Summary: Adds the following definitions: “black stock”, “marked for tax-paid sale in Alberta”, “not marked for tax-paid sale in Alberta”, “Tobacco products”. Prohibits purchase compensation, storage, sale or offer for sale of tobacco products that are not marked for tax-paid sale in Alberta, unless written permission is obtained from the Minister and on satisfaction that the products will provided to an exempt-sale retailer or will be transported out of Alberta for resale. The same is true of black stock. No person shall possess more than 1000 grams of tobacco products that are not marked for tax-paid sale in Alberta, except a wholesaler importer who possess same in accordance with the Act. If a person purchases or possesses black stock in contravention with the Act, the Minister may assess a penalty in an amount equal to the tax that would have been payable if the tobacco products were not black stock and sold to a consumer in Alberta. If a person purchases more than 1000 grams of black stock in a calendar a week, the person must advise the seller that the purchase has exceeded 1000 grams, advise the seller of the intended disposition and maintain records of the disposition or use, as well as record intended disposition or use in accordance with the regulations. Contravention provides that the Minister may assess a penalty equal to the tax on the amount of tobacco products purchased in that week that would have been payable if the tobacco products were not black stock. Consequential amendments are made to various sections of the Act. Repeals provisions allowing the Minister to: 1) require surety bonds, bank guarantees or other financial arrangements of a person who collects tax imposed under the Act; 2) prescribe returns and statements to be made by wholesalers, importers, manufacturers and retailers; 3) prescribe records or books of account required to be kept by wholesalers, importers and retailers; 4) prescribe the manner of accounting for and paying over of tax imposed; 5) prescribe the time period within which the tax shall be remitted to the Minister. The above are all powers of the Lieutenant Governor In Council with respect to regulations.

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

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

Calgary

Rob M. Curtis C.R. Head Debbie A. Yungwirth Jack Watson, Q.C. 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. 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.

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