Legislative Summary | Spring 2002

The Canadian Bar Association Alberta Branch

The Law Society of Alberta

Alberta Legislative Summary 25TH LEGISLATURE - SECOND SESSION

SPRING 2002 Income Support Recovery Act, R.S.A. 2000, c. I-1 - See Interjurisdictional Support Orders Act, Bill 5

HIGHLIGHTS

Interpretation Act, R.S.A. 2000, c. I-8 - See Justice Statutes Amendment Act, 2002, Bill 20

AMENDED LEGISLATION Assistance Act, Bill 6

Intestate Succession Amendment Act, R.S.A. 2000, c. I-10 - See Intestate Succession Amendment Act, 2002, Bill 29

Agriculture Financial Services Act, R.S.A. c. A-12 - See Agriculture Financial Services Amendment Act, 2002, Bill 7

Irrigation Districts Act, R.S.A. 2000, c. I-11, - See Amendment Act, 2002, Bill 3

Civil Enforcement Act, R.S.A. 2000, c. C-15 - See Justice Statutes Amendment Act, 2002, Bill 20

Limitations Act, R.S.A. 2000, c. L-12 - See Justice Statutes Amendment Act, 2002, Bill 20Local Authorities Election Act, R.S.A. 2000, c. L-21 - See School Trustee Statutes Amendment Act, 2002, Bill 205

Alberta Heritage Scholarship Act, R.S.A. 2000, c. A-24 - See Student Financial

Child and Family Services Authorities Act, R.S.A. 2000, c. C-11 - See Child and Family Services Authorities Amendment Act, 2002, Bill 2

Irrigation Districts

Maintenance Enforcement Act, R.S.A. 2000, c. M-1 - See Interjurisdictional Support Orders Act, Bill 5

Child Welfare Act, R.S.A. 2000, c. C-12 - See Child Welfare Amendment Act, 2002, Bill 9; and See Child Welfare Amendment Act, 2002 (No. 2), Bill 24

Marketing of Agricultural Products Act, R.S.A. 2000, c. M-4 - See Dairy Industry Omnibus Act, 2002, Bill 15

Coal Conservation Act, R.S.A. 2000, c. C-17 - See Energy Information Statutes Amendment Act, 2002, Bill 11

Mines and Minerals Act, R.S.A. 2000, c. M-17 - See Energy Information Statutes Amendment Act, 2002, Bill 11; - See Administrative Penalties and Related Matters Statutes Amendment Act, 2002, Bill 13

Conflicts of Interest Act, R.S.A. 2000, c. C-23 - See Student Financial Assistance Act, Bill 6

Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22 - See Justice Statutes Amendment Act, 2002, Bill 20

Dairy Industry Act, R.S.A. 2000, c. D-2 - See Dairy Industry Omnibus Act, 2002, Bill 15

Municipal Government Act, R.S.A. 2000, c. M -26 -See Municipal Government Amendment Act, 2002, Bill 23

Electric Utilities Act, R.S.A. 2000, c. E-5 - See Energy Information Statutes Amendment Act, 2002, Bill 11

Natural Gas Marketing Act, R.S.A. 2000, c. N-1 - See Energy Information Statutes Amendment Act, 2002, Bill 11

Employment Pensions Plan Act, R.S.A. 2000, c. E-8 - See Miscellaneous Statutes Amendment Act, 2002, Bill 28

Oil and Gas Conservation Act, R.S.A. 2000, c. O-6 - See Energy Information Statutes Amendment Act, 2002, Bill 11

Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 - See Administrative Penalties and Related Matters Statutes Amendment Act, 2002, Bill 13; and See Environmental Protection and Enhancement (Clean-Up Instructions) Amendment Act, 2002, Bill 202

Oil Sands Conservation Act, R.S.A. 2000, c. O-7 - See Energy Information Statutes Amendment Act, 2002, Bill 11 Pharmacy and Drug Act, R.S.A. 2000, c. P-13 - See Social Care Facilities Review Committee Amendment Act, 2002, Bill 18

Amended: Environmental Protection and Enhancement Act, R.S.A. 2000, E-12 Fatal Accidents Act, R.S.A. 2000, c. F-8 - See Justice Statutes Amendment Act, 2002, Bill 20

Provincial Offences Procedures Act, R.S.A. 2000, c. P-34 - See Justice Statutes Amendment Act, 2002, Bill 20

Fisheries (Alberta) Act, R.S.A 2000, c. F-16 - See Fisheries (Alberta) Amendment Act, 2002, Bill 206

Public Health Act, R.S.A. 2000, c. P-37 - See Public Health Amendment Act, 2002, Bill 4

Forests Act, R.S.A. 2000, c. F-22 - See Administrative Penalties and Related Matters Statutes Amendment Act, 2002, Bill 13

Public Lands Act, R.S.A. 2000, c. P-40 - See Administrative Penalties and Related Matters Statutes Amendment Act, 2002, Bill 13

Gaming and Liquor Act, R.S.A. 2000, c. G-1 - See Gaming and Liquor Amendment Act, 2002

Public Trustee Act, R.S.A. 2000, c. P-44 - See Justice Statutes Amendment Act, 2002, Bill 20

Bill 14

Public Works Act, R.S.A. 2000, c. P-46 - See Public Works Amendment Act, 2002, Bill 10

Health Professions Act, R.S.A. 2000, c. H-7 - See Public Health Amendment Act, 2002, Bill 4; and See Student Financial Assistance Act, Bill 6; and See Social Care Facilities Review Committee Amendment Act, 2002, Bill 18

Racing Corporation Act, R.S.A. 2000, c. R-1 (now called the Horse Racing Alberta Act, c. H-11.3) - See Racing Corporation Amendment Act, 2002, Bill 16

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Railway (Alberta) Act, R.S.A. 2000, c. R-4; - See Miscellaneous Statutes Amendment Act, 2002, Bill 28

Minister to give directions to an Authority is discussed. The ability of the Minister to make regulations is increased. Transitional provisions are set out in the end of the Bill.

School Act, R.S.A. 2000, c. S-3 - See Education Services Settlement Act, Bill 12; and See School Trustee Statutes Amendment Act, 2002, Bill 205

In force: May 14, 2002

Social Care Facilities Review Committee Act, R.S.A. 2000, c. S-1 - See Social Care Facilities Review Committee Amendment Act, 2002, Bill 18

Irrigation Districts Amendment Act, 2002 Bill 3 Amended: Irrigation Districts Act, R.S.A. 2000, c. I-11,

Student Loan Act, R.S.A. 2000, c. S-21 - See Student Financial Assistance Act, Bill 6

Repealed: None

Students Finance Act, R.S.A. 2000, c. S-23 - See Student Financial Assistance Act, Bill 6

Summary: The terms “rural water use”, “rural water use agreement,” and “rural water use fee” are defined. The requirements for transferring an allocation of water are revised. The expansion limit for a district is addressed in greater detail. The right of an Irrigator to receive water is addressed and is made subject to conditions. “Rural water use agreements” may be obtained and are discussed. The manager of a district is required to keep a record when the district enters into a rural water use agreement. Changes are made with respect to “Alternate Parcel Irrigation Agreements.” The ability to transfer irrigation acres, and the procedure for doing the same is modified. The Minister, when making a new district, may set the expansion limit for the district. Agreement fee bylaws must be established by the district, be fair and equitable, and notice of a fee bylaw must be provided. Districts may impose a capital construction charge on a parcel and the district may enter into an agreement with any person for the construction of irrigation works to supply water to a parcel.

Survival of Actions Act, R.S.A. 2000, c. S-27 - See Justice Statutes Amendment Act, 2002, Bill 20 Tobacco Tax Act, R.S.A. 2000, c. T -13 - See Tobacco Tax Amendment Act, 2002, Bill 22 Veterinary Profession Amendment Act, R.S.A. 2000, c. V-2 - See Veterinary Profession Amendment Act, 2002, Bill 19 Water Act, R.S.A. 2000, c. W-3 - See Administrative Penalties and Related Matters Statutes Amendment Act, 2002, Bill 13 Workers’ Compensation Act, R.S.A. 2000, c. W-15 - See Workers’ Compensation Amendment Act, 2002, Bill 26

REPEALED LEGISLATION Alberta Opportunity Fund Act, R.S.A. 2000, c. A - See Agriculture Financial Services Amendment Act, 2002, Bill 7

In force: Upon Proclamation

Dairy Board Act, R.S.A. 2000, c. D-1 - See Dairy Industry Omnibus Act, 2002, Bill 15

Public Health Amendment Act, 2002 Bill 4 Amended: Public Health Act, R.S.A. 2000, c. P-37; Health Professions Act, R.S.A. 2000, c. H-7

Reciprocal Enforcement of Maintenance Orders Act, R.S.A. 2000, c. R-7 - See Interjurisdictional Support Orders Act, Bill 5

Repealed:None

Small Business Term Assistance Act, R.S.A. 2000, c. S-8 - See Miscellaneous Statutes Amendment Act, 2002, Bill 28

Summary: “Nurse Practitioner” is defined and allowed to provide health services as permitted under the regulations. Changes are made to the Act to address the change to the term, “Nurse Practitioner.” Changes are made to the Health Professions Act to address consequential name changes.

Students Finance Act, R.S.A. 2000, c. S-23 - See Student Financial Assistance Act, Bill 6 Student Loan Act, R.S.A. 2000, c. S-21 - See Student Financial Assistance Act, Bill 6

Interjurisdictional Support Orders Act Bill 5 Amended: Income Support Recovery Act, R.S.A. 2000, c. I-1; Maintenance Enforcement Act, R.S.A. 2000, c. M-1

DETAILED LISTING OF BILLS Queen Elizabeth II Golden Jubilee Recognition Act Bill 1 Amended: None

Repealed:Reciprocal Enforcement of Maintenance Orders Act, R.S.A. 2000, c. R7

Repealed:None

Summary: Issues of support, when one of the parties is not ordinarily resident in Alberta, is addressed by this Act. Where there is no support order in effect and a claimant ordinarily resides in Alberta and believes that the respondent ordinarily resides in a reciprocating jurisdiction, the claimant may start a process in Alberta whereby a support order could be made in the reciprocating jurisdiction. The procedure to commence the process and the required supporting documentation is described.

Where it is required by the reciprocating jurisdiction, an Alberta Court may make a provisional order. Where the claimant ordinarily resides outside of Alberta and the respondent ordinarily resides in Alberta, a designated authority in Alberta will receive a support application, and will attempt to serve the respondent in Alberta. Information that the Alberta Court must consider when considering a support application, the determination of the choice of law to be used in a proceeding, and types of Orders that can be made, are set out. Where the respondent does not appear as required or does not provide the required information, the Act provides the Court direction as to the remedies available.

Extra-provincial and foreign support orders may be registered and enforced in Alberta in accordance with the Act and regulations. The ability of a Court to vary a support order is provided. An application to vary a support order must be properly commenced and supported by specified documentation. The process for varying an Alberta order, or

Summary: In celebration of the Golden Jubilee of Queen Elizabeth II, this Act establishes awards and scholarships for Alberta youth. Specifically, the Premier’s Citizenship Award in Recognition of the Queen’s Golden Jubilee, the Queen’s Golden Jubilee Citizenship Medal, and the Queen’s Golden Jubilee Scholarship for the Visual and Performing Arts are established.

In force: March 20, 2002 Child and Family Services Authorities Amendment Act, 2002 Bill 2 Amended: Child and Family Services Authorities Act, R.S.A. 2000, c. C-11 Repealed:None Summary: Changes are made to the preamble to the Act. “Board” is defined and the definition of “child and family services” is changed. Each region is to be administered by a Child and Family Services Authority, and the composition of the Authority is set out. The business and affairs of the Authority are to be governed by its Board and the composition of the Board, and the requirements for Board service, are addressed. An Authority is under the Minister’s direction, and the ability of the

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for varying an extra-provincial order is provided. Any appeal of an order made under the Act must be made in accordance with the Act. General and transitional provisions are addressed.

Summary: Changes are made which allow matters to be brought before a Justice of the Peace. Provisions address the apprehension of a child, who is ordinarily resident in Alberta, by authorities in another province. The Appeals Panel is bound by policy established by the Minister.

In force: Upon Proclamation

In force: Upon Proclamation Student Financial Assistance Act Bill 6 Amended: Alberta Heritage Scholarship Act, R.S.A. 2000, c. A-24; Conflicts of Interest Act, R.S.A. 2000, c. C-23; Health Professions Act, R.S.A. 2000, c. H-7; Student Loan Act, R.S.A. 2000, c. S-21; Students Finance Act, R.S.A. 2000, c. S-23

Public Works Amendment Act, 2002 Bill 10 Amended: Public Works Act, R.S.A. 2000, c. P-46 Repealed:None Summary: This Act repeals various clauses of the subject Act, therefore, a careful review of the amending Act is advised. New definitions for “Minister” and “Public Work” are given. The Minister is entitled to prescribe the conditions under which a tender may or may not be withdrawn. The Minister does not require permission to not accept the lowest tender. The liability for failure of the successful tenderer to enter into a contract or post security is revised. Various clauses of the Act relating to security to be posted and certain definitions are repealed.

The procedure whereby notice of a claim is made has been revised.

Where a labour and material payment bond has been provided to the Minister, the contractor shall post a copy of the bond in a conspicuous place. The potential fine for hindering an investigation or examination by an authorized official is increased from $100.00 to $1000.00.

Repealed:Students Finance Act, R.S.A. 2000, c. S-23; Student Loan Act, R.S.A. 2000, c. S-21 Summary: The Minister is responsible for operation and administration of National loan programs in Alberta. The Students Finance Board is continued and its functions, duties, and membership are addressed. The Government is entitled to enter into agreements with any public or private organization, or non-government financing institution, for the administration, operation, and enforcement of financial assistance programs. Financial assistance is only available to those students who meet the stated eligibility requirements. A minor is bound by the terms and conditions of the financial assistance that is contracted by or on behalf of the minor. The 2 year period in the Limitations Act is modified to a 6 year period for the purposes of this Act. Any person who intentionally misrepresents, misleads or fails to provide required information is guilty of an offence and punishable by fine. Loan limits are set by the Minister and the Minister may reduce or write off all or part of any outstanding loans under the Act or other stated Acts. Other Acts are amended due to consequential name changes.

In force: July 1, 2002 Energy Information Statutes Amendment Act, 2002 Bill 11 Amended: Coal Conservation Act, R.S.A. 2000, c. C-17; Electric Utilities Act, R.S.A. 2000, c. E-5; Mines and Minerals Act, R.S.A. 2000, c. M-17; Natural Gas Marketing Act, R.S.A. 2000, c. N-1; Oil and Gas Conservation Act, R.S.A. 2000, c. O-6; Oil Sands Conservation Act, R.S.A. 2000, c. O-7

In force: Upon Proclamation Agriculture Financial Services Amendment Act, 2002 Bill 7 Amended: Agriculture Financial Services Act, R.S.A. c. A-12

Repealed:None Summary: A regulation made under any of the above listed Acts, with respect to the confidentiality of records, prevails over Freedom of Information and Protection of Privacy Act.

Repealed: Alberta Opportunity Fund Act, R.S.A. 2000, c. A-28 Summary: The term “commercial enterprise” is defined. The affairs of the Corporation are to be conducted by at least 5 board members instead of 3. The Insurance Act is made inapplicable to the Corporation or the business of the Corporation. The Corporation is entitled to make nonagricultural loans for listed purposes. The maximum loan amounts are increased from one million to two million dollars. The ability of the Corporation to provide grants or incentives is expanded to include persons engaged in commercial enterprises. The ability of the Corporation to compensate is also expanded. Monies paid under this Act is made exempt from writ proceedings. The authority to make regulations is expanded to include additional matters. The assets and liabilities of the Alberta Opportunity Company are transferred to the Corporation. Consequential name changes are addressed.

In force: Upon Proclamation Education Services Settlement Act Bill 12 Amended: School Act, R.S.A. 2000, c. S-3 Repealed:None

Child Welfare Amendment Act, 2002 Bill 9 Amended: Child Welfare Act, R.S.A. 2000, c. C-12

Summary: This Act requires the Government to examine the school system in Alberta, including class sizes, student-teacher ratios, and the Act further prevents negotiation on these issues or the inclusion of such items in the collective agreement between the ATA and employers. An arbitration tribunal is established and its composition is set out. The matters that the arbitration tribunal must consider are provided, and a date is set whereby the arbitration tribunal must issue its award. A collective agreement is required to be entered into, and the collective agreement shall be based upon those items agreed to by the parties and the award of the arbitration tribunal. Judicial review of any order or award of the arbitration tribunal is only allowed in accordance with the Act, and within stipulated time parameters. The arbitration tribunal may determine its own procedure and determine whether an item can be the subject of arbitration, subject to the Act. A collective agreement is binding on the ATA, employees and the employer, without signature or other formality. Collective Agreements entered into after March 11, 2002, may not address certain listed items. Lockouts and strikes are terminated immediately, and “slow downs” or diminutions of duties is prohibited. The Labour Relations Code does not apply to employees, employers or the ATA, except as allowed and stipulated in the Act. Penalties are set out for contravention of the Act.

Repealed:None

In force: March 14, 2002

In force: April 1, 2002 Appropriation (Supplementary Supply) Act, 2002 Bill 8 Summary: The sum of $15,513,000.00 from the General Revenue fund, was paid to cover costs and expenses not provided for during the fiscal year ending March 31, 2002. The money is to be paid to Aboriginal Affairs and Northern Development, Children’s Services, Environment, Justice, and the Solicitor General.

In force: March 14, 2002

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Administrative Penalties and Related Matters Statutes Amendment Act, 2002 Bill 13 Amended: Environmental Protection and Enhancement Act, R.S.A. 2000, c. E12; Forests Act, R.S.A. 2000, c. F-22; Mines and Minerals Act, R.S.A. 2000, c. M-17; Public Lands Act, R.S.A. 2000, c. P-40; Water Act, R.S.A. 2000, c. W-3.

Racing Corporation Amendment Act, 2002 Bill 16 Amended:Racing Corporation Act, R.S.A. 2000, c. R-1 (now called the Horse Racing Alberta Act, c. H-11.3) Repealed:None Summary:The Racing Corporation Act is renamed the Horse Racing Alberta Act, c. H-11.3.

Repealed:None

The Alberta Horse Racing Corporation is continued under the name “Horse Racing Alberta.” The appointment and composition of the new board are addressed. The reporting obligations of the board, to the Minister, are amended. Transitional provisions address those presently sitting on the board. Consequential name changes are made.

Summary: Various changes are made to the above listed Acts, with respect to debts owing to the Crown, administrative penalties, fines, enforcement mechanisms available under statute, limitation periods, suspension of rights and permits, and other remedies for breach of statutory and regulatory obligations.

In force:Upon Proclamation

In force: May 14, 2002

Appropriation (Interim Supply) Act, 2002 Bill 17 Summary:Sums of money are paid to defray charges and expenses of the Offices of the

Gaming and Liquor Amendment Act, 2002 Bill 14 Amended:Gaming and Liquor Act, R.S.A. 2000, c. G-1 Repealed:None

Legislative Assembly and public service. From the lottery fund, money is paid and applied against expenses of the public service.

Summary: New definitions are provided for the terms “Facility Licence,” “Gaming Terminal,” “Gaming Worker,” and “Sale.” The appointment of members of the board and its composition is addressed in greater detail. The board has all powers of a commissioner under the Public Inquiries Act. The appointment of the CEO of the commission is expanded upon. The procedure for the collection and distribution of liquor sale and lottery proceeds is amended. New sections address the presence of minors in licensed facilities and the facility licensee’s and liquor licensee’s duty to intoxicated persons. The issuance of retail liquor store licenses is modified. Various punitive and enforcement provisions address licensee breaches of their statutory and regulatory obligations. The board has increased mechanisms of serving notice on licensees. New sections enable the Commission to apply to have a receiver and manager appointed, with the duties and powers of said positions be provided. The ability of an inspector to ensure compliance with the Act is increased.

In force:March 20, 2002 Social Care Facilities Review Committee Amendment Act, 2002 Bill 18 Amended:Social Care Facilities Review Committee Act, R.S.A. 2000, c. S-1; Health Professions Act, R.S.A. 2000, c. H-7; Pharmacy and Drug Act, R.S.A. 2000, c. P-13 Repealed:None Summary:A new definition is provided for the term “facility.” The ability of the Minister to provide directions to the Committee is provided and compliance mandated. The Minister may direct the Committee to investigate a facility or to investigate a matter specified by the Minister. The obligation of the Committee to investigate a complaint by a person in a facility is repealed. The designation of a complaint officer for the Committee is repealed. A member of the Committee who carries out an investigation has the powers of the Committee. The term “publicly funded facility” is amended in the Health Professions Act.

In force:Upon proclamation Dairy Industry Omnibus Act, 2002 Bill 15 Amended:Dairy Industry Act, R.S.A. 2000, c. D-2; Marketing of Agricultural Products Act, R.S.A. 2000, c. M-4

In force:Upon Proclamation Veterinary Profession Amendment Act, 2002 Bill 19 Amended:Veterinary Profession Amendment Act, R.S.A. 2000, c. V-2

Repealed:Dairy Board Act, R.S.A. 2000, c. D-1 Summary:The new Act continues all quotas issued under the previous Act (Dairy Board Act) as well as all rights and liabilities associated with the previous Act. All licenses, applications, references issued by, to or under the previous Act are continued. The rights and assets of the Alberta Dairy Control Board are transferred to Alberta Milk or rolled over to Alberta Milk. There are consequential name changes in other Acts to address the name changes. The Dairy Industry Act is amended to address consequential name changes. The ability of an inspector to examine vehicles used to transport dairy products is increased. The ability of an inspector to seize or detain dairy products is expanded.

The testing and inspection of dairy products, and procedures related thereto, are set out. The Act provides for the types of evidence to be used of prosecuting an offence under the Act. The Marketing of Agricultural Products Act is amended by providing additional definitions and addressing the relation of FOIPPA. The obligations for filing reports and documents by the board and commission are set out. The termination and operation of a “plan” are amended. The board is authorized by the Minister to make regulations related to listed items and matters. Members and employees of council, board or commission are exempted from giving testimony in a civil suit where the council, board, or commission is not a party.

Repealed:None Summary:This Act provides amendments which address professional discipline, reporting obligations, and investigation of unprofessional conduct. The Association must submit an annual report to the Minister. A Complaints Director and a Hearing Director must be appointed by the Council, and a Hearing Tribunal and Complaints Review Committee is established. Consequential name changes are made. Amendments are made to the complaint process set out in the Act and the time processes and procedures as to how said complaints are investigated and acted upon. An alternative complaint resolution process is set up. The powers, procedures, and manner which must be exercised in an investigation are amended. The procedures to be followed in establishing and conducting a hearing, and the rights of the public, parties and witnesses thereto, are enumerated. The powers of the Hearing Tribunal, in making an order, are listed. The rights of appeal, and the process related thereto, are addressed. Directions are given to the Complaints Director in order to assess the capacity of a registered veterinarian.

Access to information is obtained and records retained in accordance with the provisions set out in the Act. Transitional provisions related to Complaints and investigations predating this amendment are addressed.

In force:Upon Proclamation

In force:Upon Proclamation

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Justice Statutes Amendment Act, 2002 Bill 20 Amended:Civil Enforcement Act, R.S.A. 2000, c. C-15; Fatal Accidents Act, R.S.A. 2000, c. F-8; Interpretation Act, R.S.A. 2000, c. I-8; Limitations Act, R.S.A. 2000, c. L-12; Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22; Provincial Offences Procedures Act, R.S.A. 2000, c. P34; Public Trustee Act, R.S.A. 2000, c. P-44; Survival of Actions Act, R.S.A. 2000, c. S-27

Municipal Government Amendment Act, 2002 Bill 23 Amended:Municipal Government Act, R.S.A. 2000, c. M-26 Repealed:None Summary:Additional duties of an assessor are added. Time limits for making a complaint about an assessment are amended. Each year municipalities are required to provide a return, in the form required, to the Minister.

The Minister is to provide an equalized assessment for each municipality. Further amendments are made with respect to assessments and the obligations of an assessor. If a hearing relates to an equalized assessment, the Board is required to make a decision within 90 days after receiving a written statement. Definitions have been amended in the Division relating to “Liability of Councillors and Others.”

Repealed:None.

Summary:Various Acts are amended. The Civil Enforcement Act is amended by modifying various definitions. The waiting period for the release of a seizure or discontinuance of a garnishment is increased from 15 to 30 days. The right of a bailiff to enter a location is amended. Limitation periods for a prosecution under various provisions are set out. New definitions respecting new judgments are added. The procedure to give a notice of intention to sell land is modified. Minor changes are made to the wording of various sections of the Act. Amendments are made to the exemptions under the Act. Provisions confirm the right of a secured party or a claimant with priority over the enforcement creditors to obtain the proceeds of a seizure. The distribution of distributable and exempted proceeds are addressed. Amendments address how to deal with property that is already involved in writ proceedings or under seizure. The Fatal Accidents Act is amended to increase the amount payable from $43,000.00 to $75,000.00 to spouse, cohabitant, or parent of the deceased, as applicable. The amounts payable for a minor child of the deceased is increased from $27,000.00 to $45,000.00. The Interpretation Act is amended to address the effective date an enactment or appointment ceases to have effect or takes effect.

The Limitations Act is amended with respect to the definition of “person under disability” and the impact of the Act on such a person. There are also amendments made with respect the application of the Act upon minors, and procedures to be followed where a claim is advanced with respect to a minor. The role of the Public Trustee is increased with respect to litigation involving minors and guidelines and procedures are set out. The Motor Vehicle Accident Claims Act is amended to address a situation where there is an injury and there is an issue as to whether the driver of the vehicle had the consent of the owner. Unless directed by a Court, the Administrator is not subject to examination. The Provincial Offences Procedures Act is amended so that monies collected from fines or penalties are deposited into the General Revenue fund.

Amendments are made to the Public Trustee Act with respect to the notice to the Public Trustee and compensation payable to the Public Trustee for acting as a next friend for a minor. The Survival of Actions Act is amended to restrict the types and amounts of damages recoverable by a deceased’s estate

In force:May 14, 2002, with exceptions Child Welfare Amendment Act. 2002 (No. 2) Bill 24 Amended:Child Welfare Act, R.S.A. 2000, c. C-12 Repealed:None Summary:Amendments are made with respect to the filing of plans for the care of a child in temporary guardianship.

In force:May 14, 2002 Alberta Corporate Tax Amendment Act, 2002 Bill 25 Not yet passed.

Workers’ Compensation Amendment Act, 2002 Bill 26 Amended:Workers’ Compensation Act, R.S.A. 2000, c. W-15 Repealed:None Summary:The Insurance Act does not apply in respect of the provision of workers’ compensation benefits. The allowed period of time between meetings of the board is increased. The Act requires that the board hold an annual general meeting which is open to the public. Please note that the sections relating to the Appeals Commission and appeals have been reworded and revised. The board is bound by the decision of the Appeals Commission. New section addresses when a person is deemed to be a worker who is subject to the Act. The time limits for reporting claims is increased. Provisions relating to out of province claims, and coverage related thereto, are revised. The obligations of an employer once they receive notice of an accident, are revised. The Claims Services Review Committee is replaced with a “review body.” The use and establishment of “medical panels” for the evaluation of claims is provided for. The Assessment Review Committee is replaced by a “review body.” New sections address default in payment of premiums.

The rights of distress are expanded to include property, including real property. Procedures for the execution of distress warrants are revised.

The Board may pay travel allowances for a worker. New sections address the provision of false and misleading information. Penalties for the contravention of the Act are greatly increased. The liability of directors and officers of corporations are addressed and the board may require administrative penalties. New provisions regarding long-standing contentious claims are set out. Consequential name changes are addressed.

In force:Upon Proclamation, with exceptions (refer to the relevant sections of Bill 20 to determine when in force) Alberta Personal Income Tax Amendment Act, 2002 Bill 21 Amended:Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30; Tax Statutes Amendment Act, S.A. 2001, c. T-13 Repealed:None Summary:Amendments are made to the Act. Due to the technical nature of the amendments, it is recommended to refer directly to the Act. The NHL player’s tax is set out. An NHL player who performs hockey duties or services in Alberta will pay tax as required Part 1.1 of the Act. In force:Upon Proclamation

In force:Various dates (either September 1, 2002 or January 1, 2003) Tobacco Tax Amendment Act, 2002 Bill 22 Amended:Tobacco Tax Act, R.S.A. 2000, c. T-4 Repealed:None Summary:The tax rates for tobacco and tobacco products are increased. Limits are put on the amount of tobacco that may be possessed by a consumer.

Fines and penalties for the contravention of the Act are increased.

In force:May 14, 2002, with exceptions.

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Appropriation Act, 2002 Bill 27 Summary:Sums of money are paid to defray charges and expenses of the Offices of the Legislative Assembly and public service. Money is paid and applied against expenses of the public service from the lottery fund.

School Trustee Statutes Amendment Act, 2002 Bill 205 Amended: Local Authorities Election Act, R.S.A. 2000, c. L-21; School Act, R.S.A. 2000, S-3

In force:May 14, 2002 Miscellaneous Statutes Amendment Act, 2002 Bill 28 Amended:Employment Pensions Plan Act, R.S.A. 2000, c. E-8; Railway (Alberta) Act, R.S.A. 2000, c. R-4;

Summary: No person is eligible to be elected as a trustee of a school board if, on nomination day, the person is employed by a school division or district, charter school, or a private school. If such a person wishes to be eligible to serve as a trustee, they may only do so in accordance with the Act. The disclosure of financial and personal information of a trustee is addressed.

Repealed:Small Business Term Assistance Act, R.S.A. 2000, c. S-8

In force: Upon Proclamation

Repealed:None

Summary: This Act deals with amendments to statutes and deals with, among other things, an amendment to the Railway (Alberta) Act regarding the operator of a railway.

Fisheries (Alberta) Amendment Act, 2002 Bill 206 Amended: Fisheries (Alberta) Act, R.S.A 2000, c. F-16

In force: May 14, 2002

Repealed:None Summary: The Minister may order a species of animal that is destroying or harming fish or fish habitat, to be reduced

Intestate Succession Amendment Act, 2002 Bill 29 Amended:Intestate Succession Amendment Act, R.S.A. 2000, c. I-10

In force: Upon Proclamation

Repealed:None Summary:Changes are made the Act to define and set out the rights of an “adult interdependent partner”. The term “spouse” is redefined. If an intestate dies and leaves no surviving spouse but a surviving interdependent partner, the surviving adult interdependent partner shall be treated as a spouse for the purposes of the Act. If an intestate dies and leaves a surviving spouse and a surviving adult interdependent partner, the surviving spouse takes no part in the deceased’s estate and the surviving interdependent partner shall be treated as a spouse for the purposes of the Act. Consequential name changes are addressed.

This guide is published solely for the assistance of persons who require a quick reference to new and amending legislation passed at the Spring 2002 session. The description of the legislation so enacted is neither complete nor necessarily accurate. Pending publication of the Annual Statutes, users are directed to consult an authenticated copy of each Bill for complete official information.

In force:May 14, 2002 Adult Interdependent Relations Act, Bill 30 Not yet passed

LEGISLATIVE REVIEW COMMITTEE

Security Management Statutes Amendment Act, 2002 Bill 31 Not yet passed

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

Environmental Protection and Enhancement (Clean-Up Instructions) Amendment Act, 2002 Bill 202 Amended: Environmental Protection and Enhancement Act, R.S.A. 2000, E-12

Edmonton

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

Repealed:None Summary: Where the release of a substance has been reported pursuant to the Act, the director must immediately issue instructions to the person responsible. If the responsible person fails to comply with the directions, an environmental protection order shall be issued to the responsible person.

Calgary

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

In force: Upon Proclamation Ex Officio: John H. Dunphy, Q.C. H.A. Robertson, Q.C.

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

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

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