Legislative Summary | Spring 2003

The Canadian Bar Association Alberta Branch

The Law Society of Alberta

Alberta Legislative Summary 25TH LEGISLATURE - THIRD SESSION

HIGHLIGHTS The 2003 Spring Session of the Alberta Legislature saw several important Bills introduced. Of 45 government Bills 36 were passed. Some particularly important Bills, including the Justice Statutes Amendment Act (Bill 16), the Insurance Amendment Act (Bill 33), the Personal Information Protection Act (Bill 44) and the Family Law Act (Bill 45) died on the order paper. Bill 44 (Personal Information Protection Act) is very likely to reappear in the Fall and to come into force January 1, 2004. Equivalent federal legislation (the Personal Information Protection and Electronic Documents Act) will otherwise come into operation in Alberta. Either of these legislative templates will have wide-reaching implications for businesses, professionals and organizations of all kinds.

The Child Welfare Amendment Act (Bill 24) and the Class Proceedings Act (Bill 25) were both passed, although both require proclamation before becoming law.

Three private member Bills: 201, Emblems of Alberta (Grass Emblem) Amendment Act; 202, Workers’ Compensation (Firefighters) Amendment Act, 2003; and 203, School (Compulsory Attendance) Amendment Act, 2003 were among the Bills passed.

AMENDED LEGISLATION Administrative Penalties and Related Matters Statutes Amendment Act, (unproclaimed) 2002 - See Agricultural Dispositions Statutes Amendment Act, Bill 16 Agriculture Financial Services Act, R.S.A. 2000, c.A-12 - See Miscellaneous Statutes Amendment Act, Bill 39 Alberta Health Care Insurance Act, R.S.A. c.A-20 - See Income and Employment Supports Act, Bill 32 Alberta Municipal Financing Corporation Act, R.S.A. 2000, c.A-27 - See Alberta Municipal Financing Corporation Amendment Act, Bill 20 Alberta Personal Income Tax Act, R.S.A. 2000, c.A-30 - See Alberta Personal Income Tax Amendment, Bill 4 Alberta Science and Research Authority Act, R.S.A. 2000, c.A-33 - See Financial Statutes Amendment Act, Bill 2 Alberta Treasury Branches Act, R.S.A. 2000, c.A-37 - See Financial Sector Statutes Amendment Act, Bill 12 Assured Income for the Severely Handicapped Act, R.S.A. 2000, c.A-45 - See Income and Employment Supports Act, Bill 32 Auditor General Act, R.S.A. 2000, c.A-46 - See Financial Statutes Amendment Act, Bill 2 and Auditor General Amendment Act, Bill 11 Cancer Programs Act, R.S.A. 2000, c.C-2 - See Ombudsman Amendment Act, Bill 21 Cemeteries Act, R.S.A. 2000, c.C-3 - See Financial Sector Statutes Amendment Act, Bill 12 Child and Family Services Authorities Act, R.S.A. 2000, c.C-11 - See Child and Family Services Authorities Amendment Act, Bill 22 Child Welfare Act, R.S.A. 2000, c.C-12 - See Family Support for Children With Disabilities Act, Bill 23 and see Child Welfare Amendment Act, Bill 24

SPRING 2003 Conflict of Interest Act, R.S.A. 2000, c.C-23 - See Alberta Municipal Financing Corporation Amendment Act, Bill 20 and Income and Employment Supports Act, Bill 32 Corrections Act, R.S.A. 2000, c.C-29 - See Corrections Amendment Act, Bill 26 Credit Union Act, R.S.A. 2000, c.C-32 - See Financial Sector Statutes Amendment Act, Bill 12 Election Act, R.S.A. c.E-1 - See Freedom of Information and Protection of Privacy Amendment Act, Bill 28 Emblems of Alberta Act, R.S.A. 2003, c.E-6 - See Emblems of Alberta (Grass Emblem) Amendment Act, Bill 201 Environmental Protection and Enhancement Act, R.S.A. 2000, c.E-12 - See Financial Statutes Amendment Act, Bill 2 Financial Administration Act, R.S.A. 2000, c.F-12 - See School (Compulsory Attendance) Amendment Act, Bill 203 Financial Statutes Act, R.S.A. 2000, c.F-12 - See Financial Statutes Amendment Act, Bill 2 Fiscal Responsibility Act, R.S.A. 2000, c.F-15 - See Financial Statutes Amendment Act, Bill 2 and see Alberta Municipal Financing Corporation Amendment Act, Bill 20 Forest and Prairies Protection Act, R.S.A. 2000, c.F-19 - See Forest and Prairies Protection Amendment Act, Bill 15 Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c.F-25 - See Freedom of Information and Protection of Privacy Amendment Act, Bill 28 Freehold Minerals Rights Tax, R.S.A. 2000, c.F-26 - See Energy Statutes Amendment Act, Bill 18 Funeral Services Act, R.S.A. 2000, c.F-29 - See Financial Sector Statutes Amendment Act, Bill 12 Gas Distribution Act, R.S.A. 2000, c.G-3 - See Gas Utilities Statutes Amendment Act, Bill 19 Gas Utilities Act, R.S.A. 2000, c.G-5 - See Gas Utilities Statutes Amendment Act, Bill 19 Government Accountability Act, R.S.A. 2000, c.G-7 - See Financial Statutes Amendment Act, Bill 2 Government Organization Act, R.S.A. 2000, c.G-10 - See Financial Statutes Amendment Act, Bill 2 and See Government Organization Amendment Act, Bill 13 Health Information Act, R.S.A. 2000, c.H-5 - See Health Information Amendment Act, Bill 10 Health Insurance Premiums Act, R.S.A. 2000, c.H-6 - See Income and Employment Supports Act, Bill 32 Hydro and Electric Energy Act, R.S.A. 2000, c.H-16 - See Electric Utilities Act, Bill 3 Insurance Act, R.S.A. 2000, c.I-3 - See Financial Sector Statutes Amendment Act, Bill 12 Interjurisdictional Orders Act, R.S.A. 2000, c.I-3.5 - See Income and Employment Supports Act, Bill 32

Judicature Act, R.S.A. 2000, c.J-2 - See Justice Statutes Amendment Act, Bill 6 Labour Relations Code, R.S.A. 2000, c.L-1 - See Labour Relations (Regional Health Authorities Restructuring) Amendment Act, Bill 27 Law of Property Act, R.S.A. 2000, c.L-7 - Law of Property Amendment Act, Bill 29 Line Fence Amendment Act, R.S.A. 2000, c.L13 - See Line Fence Amendment Act, Bill 5 Livestock Identification and Brand Inspection Act, R.S.A. 2000, c.L-16 - See Livestock Industry Diversification Amendment Act, Bill 34 Livestock Industry Diversification Act, R.S.A. 2000, c.L-17 - See Livestock Industry Diversification Amendment Act, Bill 34 Loan and Trust Corporations Act, R.S.A. 2000, c.L-20 - See Financial Sector Statutes Amendment Act, Bill 12 Local Authorities Election Act, R.S.A. 2000, c.L-21 - See Local Authorities Election Amendment Act, Bill 31 Maintenance Enforcement Act, R.S.A. 2000, c.M-1 - See Income and Employment Supports Act, Bill 32 Mines and Minerals Act, R.S.A. 2000, c.M-17 - See Mines and Minerals Amendment Act, Bill 9 and see Energy Statutes Amendment Act, Bill 18 Municipal Government Act, R.S.A. 2000, c.M-26 - See Electric Utilities Act, Bill 3 Occupier’s Liability Act, R.S.A. 2000, c.O-4 - See Agricultural Dispositions Statutes Amendment Act, Bill 16 Ombudsman Act, R.S.A. 2000, c.O-8 - See Ombudsman Amendment Act, Bill 21 Parentage and Maintenance Act, R.S.A. 2000, c.P-1 - See Income and Employment Supports Act, Bill 32 Petty Trespass Act, R.S.A. 2000, c.P-11 - Justice Statutes Amendment Act, Bill 6 and Agricultural Dispositions Statutes Amendment Act, Bill 16 Public Health Act, R.S.A. 2000, c.P-37 - See Financial Statutes Amendment Act, Bill 2 Public Lands Act, R.S.A. 2000, c.P-40 - See Agricultural Dispositions Statutes Amendment Act, Bill 16 and the Miscellaneous Statutes Amendment Act, Bill 39 Public Sector Pensions Plans Act, R.S.A. 2000, P-41 and Public Sector Pension Plans Act, S.A. 1993, c.P-30.7- See Financial Sector Statutes Amendment Act, Bill 12 Public Service Act, R.S.A. 2000, c.P-42 - See Financial Statutes Amendment Act, Bill 2 Real Estate Act, R.S.A 2000, c.R-5 - See Real Estate Amendment Act, Bill 7 Regional Health Authorities Act, R.S.A. 2000, c.R-10 - See Ombudsman Amendment Act, Bill 21 Rural Utilities Act, R.S.A. 2000, c.R-21 - See Gas Utilities Statutes Amendment Act, Bill 19 School Act, R.S.A. 2000, c.3 - See Family Support for Children With Disabilities Act, Bill 23 and the Miscellaneous Statutes Amendment Act, Bill 39 and the School (Compulsory Attendance) Amendment Act, Bill 203 Securities Act, R.S.A. 2000, c.S-4 - See Securities Amendment Act, Bill 14 Small Power Research and Development Act, R.S.A. 2000, c.S-9 - See Electric Utilities Act, Bill 3 Tobacco Tax Act, R.S.A. 2000, c.T-4 - See Tobacco Tax Amendment Act, Bill 35 Traffic Safety Act, R.S.A. 2000, c.T-6 - See Freedom of Information and Protection of Privacy Amendment Act, Bill 28 Trespass to Premises Act, R.S.A. 2000, c.T-7 - Justice Statutes Amendment Act, Bill 6 Veterinary Profession Amendment Act, S.A. 2002, c.26 - See Ombudsman Amendment Act, Bill 21 Widow’s Pension Act, R.S.A. 2000, c.W-7 - See Income and Employment Supports Act, Bill 32 Wildlife Act, R.S.A. 2000, c.W-10 - See Livestock Industry Diversification Amendment Act, Bill 34 Workers’ Compensation Act, R.S.A. 2000, c.W-15 - See Workers’ Compensation (Firefighters) Amendment Act, Bill 202 Young Offenders Act, R.S.A. 2000, c.Y-1 - Justice Statutes Amendment Act, Bill 6

REPEALED LEGISLATION Agricultural Dispositions Statutes Amendment Act, R.S.A. 2000, c1(Supp) and c28(Supp) - See Agricultural Dispositions Statutes Amendment Act, Bill 16 Alberta Municipal Financing Corporation Act, R.S.A. 2000, c.A-27 - Note that the title and chapter number of this act are repealed and replaced by Alberta Capital Finance Authority Act, c.A-14.5 - See Alberta Municipal Financing Corporation Amendment Act, Bill 20 Child Welfare Act, R.S.A. 2000, c.C-12 is renamed the Child, Youth and Family Enhancement Act. Electoral Divisions Act, R.S.A. 2000, c.E-4 - See Electoral Divisions Act, Bill 42 Electric Utilities Act, R.S.A. 2000, c.E - See Electric Utilities Act, Bill 3 Health Foundations Act, R.S.A. 2000, c.H-4 - See Health Foundations Act Repeal Act, Bill 8 Income Support Recovery Act, R.S.A. 2000, c.I-1 - See Income and Employment Supports Act, Bill 32 Millennium Insurance Corporation - See Financial Sector Statutes Amendment Act, Bill 12 Mines and Minerals Amendment Act, R.S.A. 2000, c19(Supp) - See Energy Statutes Amendment Act, Bill 18.

Public Lands Amendment Act, R.S.A. 2000, c28 (Supp) - See Agricultural Dispositions Statutes Amendment Act, Bill 16 Social Development Act, R.S.A. 2000, c.S-12 - See Income and Employment Supports Act, Bill 32 Student and Temporary Employment Act, R.S.A. 2000, c.S-20.5 - See Income and Employment Supports Act, Bill 32 Trans Global Insurance Company Act - See Financial Sector Statutes Amendment Act, Bill 12 Trans Global Life Insurance Company Act - See Financial Sector Statutes Amendment Act, Bill 12 Widows Pension Act, R.S.A. 2000, c.W-7 - 2 years after s.59(2) of the Income and Employment Supports Act, Bill 32, comes into force Note that while not repealed, the Young Offenders Act, R.S.A. 2000, c.Y-1, will now be referred to as the Youth Justice Act.

DETAILED LISTING OF BILLS Premier’s Council on Alberta’s Promise Act, 2003 Bill 1 Amended: None Repealed: None Summary: “Alberta’s Promise” is an initiative to encourage organizations, corporations and individuals to enhance community resources in order to further the well being of children. The Premier’s Council on Alberta’s Promise is established by the Act. The Council is to act in an advisory capacity respecting the implementation of Alberta’s Promise and provide leadership, raise awareness, encourage financial and other support for initiatives and research, and carry out any activity that the Premier considers appropriate to further the well being of children. Membership of the Council includes the Premier and those persons appointed by the Lieutenant Governor in Council.

The Council may make bylaws for the conduct of its meetings and shall, for each fiscal year, prepare an annual report consisting of a general summary and activities and the status of the Alberta’s Promise initiative.

In force: March 10, 2003 Financial Statutes Amendment Act, 2003 Bill 2 Amended: Financial Statutes Act, R.S.A. 2000, c.-F-12; Alberta Science and Research Authority Act, R.S.A. 2000, c.A-33; Auditor General Act, R.S.A. 2000, c.A46; Environmental Protection and Enhancement Act, R.S.A. 2000, c.E-12; Government Organization Act, R.S.A. 2000, c.G-10; Public Health Act, R.S.A. 2000, c.P-37; Public Service Act, R.S.A. 2000, c.P-42; Fiscal Responsibility Act, R.S.A. 2000, c.F-1; Public Service Act, R.S.A. 2000, c.P-42

Repealed: None Summary: The definition of “crown corporation” is changed to exclude a regional health authority or subsidiary corporation under the Regional Health Authorities Act. The “Minister responsible” is now the Minister as determined under s.16 of the Government Organization Act. The responsibilities of the Provincial Treasurer under the Act are amended such that various matters are addressed by the “responsible Minister,” Finance Minister, or as required by regulation. With the approval of the Treasury Board, amounts required to be paid under agreements respecting fiscal risk may be paid out of the General Revenue Fund. Consequential date changes respecting crown corporations are made. Provincial agencies, set out in Parts 1 to 20, that are in existence on December 31, 2004 continue after that date until they are discontinued. Consequential amendments to additional Acts respecting a “revolving fund” and other issues are set out. The are amendments to various definitions in the Fiscal Responsibility Act, and there is a change to section 2 of that Act respecting to the determination of expenses as they relate to deficits. The “Alberta Sustainability Fund” is established and further revisions to the Fiscal Responsibility Act are made respecting “economic cushions,” “capital accounts,” and the “debt elimination schedule.”

In force: On various dates Electric Utilities Act, 2003 Bill 3 Amended: Hydro and Electric Energy Act, R.S.A. 2000, c.H-16; Municipal Government Act, R.S.A. 2000, c.M-26; Small Power Research and Development Act, R.S.A. 2000, c.S-9 Repealed: Electric Utilities Act, R.S.A. 2000, c.E-5 Summary: The roles, responsibilities and duties of the Independent System Operator, BalancingPool, and Market Surveillance operator are set out. The Independent System Operator is established and will be responsible for market operations. The Balancing Pool is to become more independent and governed by its own board and no longer associated with the Power Pool of Alberta, which will be part of the Independent System Operator.

The Market Surveillance Administrator is created and will be appointed by the Alberta Energy and Utilities Board and will be responsible for market surveillance, monitoring and investigation to ensure competition in the market. The Alberta Energy and Utilities Board shall approve distribution and the Regulated Rate Option tariffs for any municipally owned utilities with affiliates operating outside their boundaries.

Medicine Hat is subject to Payment In Lieu Of Tax which requires tax-exempt municipal entities to make payments in-lieu of income tax to the Balancing Pool. The Regulated default supply will be introduced in 2004 for small commercial customers and in 2006 for residential, farm and irrigation customers to provide them with an electric energy charge connected to the Power Pool of Alberta wholesale price. There are additional consequential amendments to Acts, as noted above, and various regulations are repealed.

In force: On proclamation Alberta Personal Income Tax Amendment Act, 2003 Bill 4 Amended: Alberta Personal Income Tax Act, R.S.A. 2000, c.A-30 Repealed: None Summary: The definition for “business income outside Alberta,” “income for the year” and “taxable income” has been amended. Sections 6 and 39 of the Act respecting the calculation of the amount of tax payable have been modified as has the section 11 which addresses charitable and other gifts. The formula for the calculation of business tax has also been amended. Portions of the Act are deemed to have come into force on January 1, 2001, and further portions on January 1, 2002 In force: On various dates

Line Fence Amendment Act, 2003 Bill 5 Amended: Line Fence Amendment Act, R.S.A. 2000, c.L-13 Repealed: None Summary: Livestock is defined for the purposes of the Act. The application of the Act relative to livestock is addressed. The upshot of the Bill is that the Act now applies only to agricultural properties.

In force: May 16, 2003 Real Estate Amendment Act, 2003 Bill 7 Amended: Real Estate Act, R.S.A 2000, c.R-5 Repealed: None Summary: Amendments are made respecting real estate appraisers and the real estate appraisal industry. The Council is increased from 11 to 12 members, with the new position being filled by a real estate appraiser. Part 2 of the Act is now entitled, “Regulation of Business of an Industry Member.” That requires that no person may advertise or hold themselves out as a real estate appraiser. The requirements for record keeping by an industry member are amended. Conduct proceedings against a former industry member may be commenced within 2 years of the date of which the member ceased to be an industry member. The manner and method of service of documents is amended. An offence may be prosecuted within 3 years of the date on which the alleged offence was to have been committed.

In force: On various dates Health Foundations Act Repeal Act, 2003 Bill 8 Repealed: Health Foundations Act, R.S.A. 2000, c.H-4 In force: May 16, 2003 Mines and Minerals Amendment Act, 2003 Bill 9 Amended: Mines and Minerals Act, R.S.A. 2000, c.M-17 Repealed: None Summary: The powers of the Lieutenant Governor in Council to make regulations is amended. New definitions are added for “private land” and “unique identification number.” The provisions which prohibit persons from conducting exploration in Alberta, with out approval or a licence, are amended. New sections are added respecting the adoption of codes, Ministerial directions, authorizing investigations and inspections and allowing Minister to issue stop orders, issue exemptions or suspend licences. There shall be no prosecution under the Act where an administrative penalty is paid.

In force: May 16, 2003 Health Information Amendment Act, 2003 Bill 10 Amended: Health Information Act, R.S.A. 2000, c.H-5 Repealed: None Summary: The disclosure of information about a deceased individual to family members and others is addressed. Section 59 respecting the duty to obtain consent before disclosing information by electronic means is repealed. Amendments are made to the required safeguards under section 60.

In force: May 16, 2003 Auditor General Amendment Act, 2003 Bill 11 Amended: Auditor General Act, R.S.A. 2000, c.A-46 Repealed: None

Summary: The Auditor General is now required to take an oath of office to perform the duties of the office faithfully and impartially. The Auditor General must report to the Executive Council. The Auditor General’s ability to access information is expanded. New provisions are added respecting the ability to require evidence and information to be provided under oath and produce records. If a person fails to comply with a notice by the Auditor General, an application may be made to the Court of Queen’s Bench. Unless the Auditor General consents, a former Auditor General, employee of a current or former Auditor General, and agent of a current or former Auditor General is not a compellable witness under the Act. The requirements for the tabling of reports is expanded.

In force: May 16, 2003 Financial Sector Statutes Amendment Act, 2003 Bill 12 Amended: Alberta Treasury Branches Act, R.S.A. 2000, c.A-37; Cemeteries Act, R.S.A. 2000, c.C-3; Credit Union Act, R.S.A. 2000, c.C-32; Funeral Services Act, R.S.A. 2000, c.F-29; Insurance Act, R.S.A. 2000, c.I-3; Loan and Trust Corporations Act, R.S.A. 2000, c.L-20; Public Sector Pensions Plans Act, R.S.A. 2000, P-41; Public Sector Pension Plans Act, S.A. 1993, c.P-30.7; Repealed: Millennium Insurance Corporation ; Trans Global Insurance Company Act; Trans Global Life Insurance Company Act Summary: There are changes made in the definitions of the Alberta Treasury Branches Act and ATB may now carry on additional types of business as long as the “prescribed conditions” are met. Additional regulation-making powers are granted and transitional provisions not included in R.S.A. 2000 are repealed. A credit union and loan corporation is no longer an authorized trustee under the Cemeteries Act. Changes are made in the definitions section of the Credit Union Act. The Lieutenant Governor in Council may also now give an order, direction or approval. The type of business allowed of a credit union has been amended. Amendments are made respecting the ability of a credit union to publish personal information about unclaimed balances. The type of business that may be engaged in by Central is addressed. A new part is added to the Credit Union Act respecting the amalgamation of Central and federal continuance of Central and credit unions. Under the Funeral Services Act a credit union and loan corporation is no longer a “trust corporation” as defined in the Act. The Insurance Act does not apply to a prescribed entity to the extent of its provision to employees of prescribed benefits relating to medical care, sickness and accident benefits. The regulation-making power of the Lieutenant Governor in Council is expanded. The Minister may cancel, suspend or refuse to renew the licence of an insurer where the amount of the company’s base capital at any time falls below the respective amount specified in section 25(a). The use of “premium surcharges” is addressed in section 99.1. Under the Loan and Trust Corporations Act a loan and trust corporation may now beneficially own shares in a body corporate that is an insurance agent providing life insurance. Further amendments address information obtained by the Minister which prevails over the Freedom of Information and Protection of Privacy Act. Transitional provisions for funding requirements and some new definitions are added to the Public Sector Pensions Plans Act. Additional requirements are set out for the actuarial report. The regulations-making power of the Lieutenant Governor in Council is addressed.

In force: On proclamation Government Organization Amendment Act, 2003 Bill 13 Amended: Government Organization Amendment Act, R.S.A. 2000, c.G-10 Repealed: None Summary: A part is added respecting Voluntary Identification Cards. There is no loss or damage to the Crown arising from loss or damage that arises from the provision of a false identification card or from incorrect information on the card. Offences relating to the voluntary identification cards are set out as is the regulation-making power of the Minister in respect of the cards.

In force: April 9, 2003

Securities Amendment Act, 2003 Bill 14 Amended: Securities Amendment Act, R.S.A. 2000, c.S-4 Repealed: None Summary: Changes are made to definitions. If the Office of the Chair is vacant or absent the Vice-Chair shall serve as Chair. Monies received from administrative penalties may be expended only for educating investors and others respecting the operation of the securities and financial markets. The section addressing the provision and receipt of information is amended. Sections dealing with registration are amended and revised in sections 80 and 86. A transitional section is added respecting the exemption of trades. It is now prohibited to engage in an “unfair practice,” which is then defined. Numerous deletions to section 131 respecting the circumstances in which the regulations are inapplicable. A transitional provision is added regarding exemption from prospectus requirements, as amended in section 131. If required by the regulations an issuer shall within 10 days of the filing of a trade, file a report prepared and executed in accordance with the regulations. Sections 133 to 140 are repealed which provided for the filing of memorandums, that certain first trades are distributions and deemed distributions, and for exemptions. When a material change occurs with respect to a reporting issuer, the reporting issuer shall make disclosure of the material change as required. Changes are made to the filing and disclosure requirements of reporting issuers. Sections 155 and 156 are repealed with proxies and information circulars addressed in a new s.157.1. A defendant liable for misrepresentation may recover from another who is joint and severally liable and if a misrepresentation is contained in a record incorporated by reference in the prospectus, the misrepresentation is deemed contained in the prospectus. The sections respecting civil liability and causes of actions, ss 204-206 are amended. An ability is given to rescind an offer to purchase securities if done in accordance with the Act and the stated timelines. The limitation period to commence an action or to enforce a right is amended. Section 212 is repealed. The use of testimony given under oath is addressed. The regulation-making power of the Lieutenant Governor in Council is amended. The commission may make rules or “unpublished rules.” Consequential amendments are made.

In force: On proclamation Forest and Prairie Protection Amendment Act, 2003 Bill 15 Amended: Forest and Prairies Protection Act, R.S.A. 2000, c.F-19 Repealed: None Summary: A significant change to this Act is a shift from focussing on the “person who caused” a fire to the “person who is responsible for the fire.”

Changes are made to the definitions. Changes are made to the address the responsibility for fire fighting expenditures and costs to allow the recovery from the persons responsible for the fire, as set out in the Act. The delegation of powers and duties is amended. The Minister may enter into fire control agreements. The Minister may fight a fire within a municipal district or an urban municipality where it appears to the Minister that satisfactory action to control the fire is not being taken and the fire may damage public land, and the Minister shall be reimbursed the costs for so doing. The obligations of railway operators respecting fires is addressed. Changes are made to the Ministers ability to close areas. The ability of a forest officer or fire guardian to confirm a person’s identity is addressed. The powers of a forest officer are further amended. The ability of the Minister to order a municipality to take necessary precautions is established. The enforcement powers of a forest officer are greatly expanded, including the ability to seize anything believed to be an offence under the Act, without warrant. A Court is given additional powers to make orders under the Act for offences committed. A person convicted of an offence may be ordered to pay compensation to a person who suffered a loss or damages as a result of the offence.

The limitation period for prosecutions is 2 years from the time that the offence came to the attention of the forest officer. The regulation-making power of the minister is amended.

In force: May 16, 2003

Agricultural Dispositions Statutes Amendment Act, 2003 Bill 16 Amended: Occupier’s Liability Act, R.S.A. 2000, c.O-4; Petty Trespass Act, R.S.A. 2000, c.P-11; Public Lands Act, R.S.A. 2000, c.P-40; Administrative Penalties and Related Matters Statutes Amendment Act, (unproclaimed) 2002; Repealed: None Summary: Amendments to the Occupier’s Liability Act and Petty Trespass Act respecting recreational users of agricultural disposition land. The Public Lands Act is amended to allow the Lieutenant Governor in Council to make further regulations respecting dispositions of public land, to allow the Minister to prescribe fees, rents and other charges, and to allow the Minister to establish conservation and resource management programs. The Minister may make and renew a disposition for any term the Minister considers appropriate, and amend a disposition. The Minister may order a person to vacate land who is unlawfully occupying the same. The Minister may require a person to pay a penalty, not to exceed $5000.00. Amendments are made to sections respecting offences and penalties and the Minister may issue enforcement orders. A section is added, s.62.1, respecting access to agricultural disposition land for recreational purposes and the Minister may make further regulations. Assignment charges for a grazing lease or license are addressed. Consequential amendments to other Acts.

In force: On proclamation, with exceptions Appropriation (Supplementary Supply) Act, 2003 Bill 17 Amended: None Repealed: None Summary: Sums required to defray certain charges and expenses of the Public Service of Alberta not otherwise provided for during the fiscal year, in the sum of $206,642,000.00, which shall be duly accounted for.

In force: March 10, 2003 Energy Statutes Amendment Act, 2003 Bill 18 Amended: Freehold Minerals Rights Tax, R.S.A. 2000, c.F-26; Mines and Minerals Act, R.S.A. 2000, c.M-17; Repealed: Mines and Minerals Amendment Act, R.S.A. 2000, c19(Supp) Summary: The Minister is entitled to recalculate tax under the Freehold Minerals Rights Tax Act, within the recalculation period, as defined in the Act. In the Mines and Minerals Act changes are made to the regulation-making power. The Minister is given greater powers respecting misdescriptions of agreements issued under s.20. The Minister is entitled to make recalculations, in the calculation period, as defined in the Act. The Minister may recover amounts owing and Adeposits are addressed in a new s.46.1. The section regarding “compensation for unauthorized taking” is amended. Additional amendments respecting coal mine shafts and solution gas. A new section 91.1(1) is added such that obligations run with an agreement and are assumed by a transferee. The ability of the Minister to enter into an agreement on behalf of the Crown is amended in section 102.

In force: On proclamation Gas Utilities Statutes Amendment Act, 2003 Bill 19 Amended: Gas Distribution Act, R.S.A. 2000, c.G-3; Gas Utilities Act, R.S.A. 2000, c.G-5; Rural Utilities Act, R.S.A. 2000, c.R-21 Repealed: None Summary: A new part is added to the Gas Distribution Act governing the regulation of gas services obtained from retailers. The Minister is given extensive ability to make regulations. The part applies in respect of a gas distributor, its rural gas utility and its customers. A gas distributor is defined as a rural gas cooperative association that

In force:

owns a rural gas utility. The Gas Utilities Act is amended with new definitions. The Lieutenant Governor in Council is given extensive regulation-making ability. The Board may make and enforce rules respecting service quality standards for each gas distributor and default supply provider and may investigate whether a distributor or supply provider is meeting the service quality standards. The Board is given enforcement powers. A section is added respecting facilitated negotiation for matters arising. Changes to the Rural Utilities Act including new sections regarding powers of liquidation in voluntary winding up. The impact of this Bill 19 is to allow other companies to provide gas supply service and be involved in the gas industry. Utility companies with affiliated retailers will be subject to a code of conduct governing the sharing of information, facilities and staff between the two entities, and there will be review and involvement of the transitions by the AEUB. It should be noted that may of the changes envisioned by under this Bill 19 will be realized through the very extensive regulation-making powers granted to the Lieutenant Governor in Council.

On various dates

Alberta Municipal Financing Corporation Amendment Act, 2003 Bill 20 Amended: Alberta Municipal Financing Corporation Act, R.S.A. 2000, c.A27; Conflict of Interest Act, R.S.A. 2000, c.C-23; Fiscal Responsibility Act, R.S.A. 2000, c.F-15 Repealed: None Summary: Note that the title and chapter number of the Act are repealed and replaced by Alberta Capital Finance Authority Act, c.A-14.5. New definitions are added to the Act. The corporation incorporated under the name “Alberta Municipal Financing Corporation” is continued under the name “Alberta Capital Finance Authority” and its powers are amended and set out. Consequential amendments are made. The ability of the corporation to allot shares is amended as is the composition of the Board of Directors and the terms of office of the Directors. Vacancies in the Board are addressed as is the appointment of officers by the Minister and the Board. The section respecting the voting of shares is revised and a new section is added respecting resolutions. A repeal of various sections and their replacement with new provisions respecting the business, financing and operation of the corporation. The principal and interest of any borrowings by or securities issued by the Corporation are guaranteed by the Government of Alberta. New section addresses borrowing by local authorities and the obligations of the corporation in investing funds. The corporation is a provincial corporation under the Financial Adminstration Act and transitional and consequential amendments are set out.

In force: On proclamation Ombudsman Amendment Act, 2003 Bill 21 Amended: Ombudsman Act, R.S.A. 2000, c.O-8; Cancer Programs Act, R.S.A. 2000, c.C-2; Regional Health Authorities Act, R.S.A. 2000, c.R-10; Veterinary Profession Amendment Act, S.A. 2002, c.26 Repealed: None Summary: New definitions are added to the Act. The Act prevails despite the Health Information Act. Section 12 is amended respecting the function and duty of the Ombudsman. A new section, s.12.1, respecting a “patient concerns resolution process” is added and the concerns resolution process of health authorities is amended. Section 16 is amended respecting the obligation and process for notifying of an investigation by the Ombudsman, as is s.18 respecting the evidence required by the Ombudsman in conducting an investigation and the powers of the Ombudsman in obtaining evidence and information.

Section 21 respecting the procedure after investigation has been repealed and replaced. A new s.21.1 is added to grant the Ombudsman to recommend to a department, agency or professional organization to rehear a matter. Consequential amendments are made to other Acts.

In force: On various dates

Child and Family Services Authorities Amendment Act, 2003 Bill 22 Amended: Child and Family Services Authorities Act, R.S.A. 2000, c.C-11 Repealed: None Summary: The restriction to 11 board members in s.3 has been removed.

In force: April 9, 2003 Family Support for Children With Disabilities Act, 2003 Bill 23 Amended: Child Welfare Act, R.S.A. 2000, c.C-12 and School Act, R.S.A. 2000, c.3 Repealed: None Summary: Disability is defined as a chronic developmental, physical, sensory, mental or neurological condition or impairment other than a condition or impairment that is primarily a medically treatable illness. A director may assist a child’s guardian identifying services and entering into a family agreement for the provision of family support services or therapeutic services. If the agreement is contravened it may be cancelled on 30 days notice. The Act is subject to mediation and appeal provisions respecting decisions made thereunder. On the coming into force of this Act, an existing agreement under the Child Welfare Act continues until the agreement expires or an agreement is entered into under this Act. There are consequential amendments to other Acts.

In force: On proclamation Child Welfare Amendment Act, 2003 Bill 24 Amended: Child Welfare Act, R.S.A. 2000, c.C-12 Repealed: Note that the Child Welfare Act, R.S.A. 2000, c.C-12 is now to be called the Child, Youth and Family Enhancement Act. Summary: This amendment to the Child Welfare Act is very large and the result of an extensive public review. As Bill 24 is 96 pages long it is prudent to review the Bill to ensure a full understanding of the amendments contained therein. There are numerous changes to the definitions. The factors that a Court, appeal panel or person in authority, in addition to all relevant information, must consider in exercising authority respecting a child in need of intervention is set out in section 2. There are amendments to section 3 respecting the Children’s advocate. A new s.3.1 is added respecting alternative dispute resolution. There are numerous amendments to Part 1 - Intervention Services, notably the duty of a director and the process to be followed upon learning a child is in need of intervention. Section 9 respecting custody agreements is amended. There are changes to Part 1 Division 3 respecting “Court Orders” including a new section 23.1 for orders for initial custody and concurrent planning. A new section addressing custody on apprehension and the provision of health care on apprehension is in s.22. There is shift in the wording from “protective services” to “intervention.” The maximum periods of time that a child shall be the subject of a temporary guardianship order, and the terms of custody are changed. Amendments are made to the Act respecting “secure services.” Changes are made regarding “Private Guardianship.” The director may provide financial assistance, in accordance with the regulations, to a person who is made a private guardian of a child. An order can be obtained to terminate a private guardianship order and the guardian’s financial responsibility. The Director may enter into an agreement with a youth for the provision of services to that youth if the director is satisfied that the youth is living independently of the youth’s guardian. A new division is added to the Act respecting a guardian’s financial responsibility. New matters are set out that are to be considered in determining the issue of adoption, and sections are deleted and amended respecting the process of adoption. A new division is added respecting the disclosure of adoption information, and the right to disclosure of pre-2005 adoptions and those adoptions thereafter. Changes are made respecting the licensing of adoption agencies and residential facilities. A new section is added addressing the financial assistance of children,

In force:

in s.105.8. A new section replaces the section addressing the director’s obligation to an Indian Child, as set out in the Act (s.107). New sections set out who may review an administrative decision and the process related thereto. The Minister may enter into reciprocal agreements with appropriate authorities within or outside of Canada. The section addressing confidentiality has been amended, and a section sets out what is deemed “privileged information.” The regulationmaking power of the Lieutenant Governor in council is amended.

Consequential amendments to various Acts respecting the name change of the Act. On proclamation

Class Proceedings Act, 2003 Bill 25 Amended: None Repealed: None Summary: One member of a class may commence a proceeding in the Court on behalf of the members of that class. A person who commences a proceeding must make application to the Court for an order certifying the proceeding as a class proceeding. The application must be made within 90 days after the filing of the statement of defence or the day prescribed in the Rules of Court. A defendant may make application certifying the proceeding as a class proceeding. To be certified as a class proceeding the court must be satisfied the pleadings disclose a cause of action, there is an identifiable class of 2 or more persons, the claims of the class members raise a common issue, a class proceeding would be preferable for the fair and efficient resolution of the process, and there is a person eligible to be appointed a representative plaintiff who will fairly represent the class, has produced a workable method advancing the proceeding, and is not in conflict with the interests of the other class members. Further factors are set out which can be used to determine whether the class procedure would be preferable to other methods. There can be a subclass certification. Section 8 lists matters which are not a bar to certification. The results of certification and refusal to certify are set out. The conduct of class proceedings is set out, including the role of the Court, the participation of class members, opting in and opting out, discovery, and notice. Part 3 addresses orders, awards and related procedures. The Court may make an order for an aggregate monetary award in respect of any or part of a defendant’s liability to class or subclass members and the Court may direct that distribution of amounts awarded may be carried out by any means the Court considers appropriate. The settlement, discontinuance, abandonment, appeal and dismissal of proceedings is addressed. Part 4 addresses costs, fees and disbursements with consideration given to the issue of contingency agreements. Part 5 provides for a limitation period applicable to a cause of action asserted in a proceeding. The Rules of Court apply to the Act and a proceeding may be certified whether the cause of action arose before or after the Act came into force.

In force: On proclamation Corrections Amendment Act, 2003 Bill 26 Amended: Corrections Act, R.S.A. 2000, c.C-29 Repealed: None Summary: The definition for “illicit drug” is amended and a definition is added for “illicit drug test.” A person who brings an illicit drug or causes an illicit drug to be brought into a correctional institution or possesses an illicit drug while in a correctional institution is guilty of an offence. If the director has reasonable grounds to suspect that a person has contravened these provisions the director must notify a police officer. New sections are added respecting illicit drug testing programs and illicit drug testing. The panel appointed by a director to conduct disciplinary hearings in accordance with the regulations may now consider additional factors in determining an appropriate punishment.

In force: On proclamation

Labour Relations (Regional Health Authorities Restructuring) Amendment Act, 2003 Bill 27 Amended: Labour Relations Code, R.S.A. 2000, c.L-1 Repealed: None Summary: There are changes to the definition of “employee” and “nurse practitioner.” A new part is added implementing special provisions regarding collective bargaining in regional health authorities and the Lieutenant Governor in Council is given extensive regulation-making authority in this area.

In force: April 1, 2003 Freedom of Information and Protection of Privacy Amendment Act, 2003 Bill 28 Amended: Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c.F-25; Election Act, R.S.A. c.E-1; and Traffic Safety Act, R.S.A. 2000, c.T-6 Repealed: None Summary: Changes are made to the definitions to add the term “biometric information.” Personal information consists of an individual’s bank account information or credit card information. The head of a public body may refuse to disclose information that is readily available to the public. There is a change in the notice requirements for the disclosure of information. A public body may disclose personal information if the information is of a type routinely disclosed in a business or professional context, the disclosure is limited to an individual’s name and contact information, the disclosure does not reveal other personal information about the individual, or personal information about another individual. Changes are made to section 43 respecting what information the provincial archives may release.

The Commissioner may refuse to conduct an inquiry pursuant to section 69 if in the opinion of the Commissioner the circumstances warrant refusing to conduct an inquiry. A new division 1.1 is made respecting the review of decisions of the Registrar of Motor Vehicle Services. The method of serving notice is amended with respect to facsimile communication and electronic form. Amendments are made to the sections dealing with the directory the Minister must publish to assist persons in identifying and locating records.

Changes are made to the fee payment obligations of an applicant and to the regulation-making power of the Lieutenant Governor in Council. A special committee of the Legislature must begin a comprehensive review of the Act by July 1, 2010. Amendments to the Election Act and the Traffic Safety Act respecting use and disclosure of personal information.

In force: On proclamation, with exceptions.

Law of Property Amendment Act. 2003 Bill 29 Amended: Law of Property Act, R.S.A. 2000, c.L-7 Repealed: None Summary: Sections 40, 41, 43(2,5) and 44 do not apply to a high ratio mortgage which is given to secure a loan under the National Housing Act (Canada) or insured by an insurer licenced under the Insurance Act to undertake mortgage insurance in the province of Alberta. The Lieutenant Governor in Council may make regulations defining “high ratio mortgages” for the purposes of the above sections.

In force: On proclamation Appropriation (Interim Supply) Act, 2003 Bill 30 Amended: None Repealed: None Summary: Sums required to defray certain charges and expenses of the offices of the Legislative Assembly and Public Service of Alberta not otherwise provided for during the fiscal year, which shall be duly accounted for.

In force: March 27, 2003

Local Authorities Election Amendment Act, 2003 Bill 31 Amended: Local Authorities Election Act, R.S.A. 2000, c.L-21 Repealed: None Summary: It should be noted that there are numerous changes to wordings throughout the Act. Changes are made to the definitions. If persons are declared elected to an elected authority pursuant to s.34, they may hold an organizational meeting. Times and dates for nominations are amended for municipal elections. There is an amendment to s.16 respecting the oath and statement. A secretary may delegate any powers and duties of the secretary under the Act to the returning officer. Additional changes to sections dealing with nominations and notice periods. If a returning officer on reasonable and probable grounds believes that a person is not eligible to be an elector, the returning officer must note in the voting register the reason for the belief and initial it. An elector may be accompanied by a minor in the voting compartment if the deputy consents.

Procedures for voting and the role of the deputy are amended. An agent must take and prescribe to the official oath. A new section is added in s.77.1 to address a vote by special ballot. There are changes as to who may assist an elector who requires assistance in the voting compartment. The fixing of the times and location for institutional voting stations.

In force: May 16, 2003 Income and Employment Supports Act, 2003 Bill 32 Amended: Alberta Health Care Insurance Act, R.S.A. c.A-20; Assured Income for the Severely Handicapped Act, R.S.A. 2000, c.A-45; Conflicts of Interest Act, R.S.A. 2000, c.C-23; Health Insurance Premiums Act, R.S.A. 2000, c.H-6; Interjurisdictional Orders Act, R.S.A. 2000, c.I-3.5; Maintenance Enforcement Act, R.S.A. 2000, c.M-1; Parentage and Maintenance Act, R.S.A. 2000, c.P-1; Widow’s Pension Act, R.S.A. 2000, c.W-7 Repealed: Income Support Recovery Act; Social Development Act; Student and Temporary Employment Act; Widows Pension Act (2 years after s.59(2) comes into force) Summary: The purpose of this Act is to provide programs for persons in need for such of their requirements for food, shelter, personal items and medical and other benefits as are essential to their health and well being and, in particular, to provide training and other measures to facilitate their movement toward independence and self sufficiency. Part 2 sets out income support and benefits for an eligible household unit, as defined in the Act and regulations. There are conditions that need to be met to be eligible for support. The Director may provide health benefits to children and eligible adults under s.8. If eligible, training benefits include tuition, fees, books and supplies, cost of child care, transportation and other benefits as set out in the regulations. The Director may provide for employment and training benefits. The Director may refuse to provide or may discontinue assistance on the happening of certain events. The Director may appoint someone to be a financial administrator to manage the financial affairs of a person. The regulation-making power of the Lieutenant Governor in Council is set out for this Part. Part 3 deals with training programs and training providers. The obligations of training providers is set out as well as the remedial actions available for their failure to comply with the Act and regulations. A Director may appoint an auditor and may impose an administrative penalty on a training provider. The Lieutenant Governor in Council may make regulations respecting training and training providers. Part 4 addresses temporary employment and job creation programs. Part 5 deals with child and adult support services with definitions related thereto. Part 6 deals with Recovery and Offences under the Act and Part 7 deals with the Appeal process. Part 8 addresses confidentiality of information and further regulation-making powers of the Lieutenant Governor in Council. Finally Part 9 addresses consequential amendments and transitional provisions respecting other Acts.

In force: On various dates

Livestock Industry Diversification Amendment Act, 2003 Bill 34 Amended: Livestock Industry Diversification Act, R.S.A. 2000, c.L-17; Wildlife Act, R.S.A. 2000, c.W-10; Livestock Identification and Brand Inspection Act, R.S.A. 2000, c.L-16 Repealed: None Summary: Changes are made to some of the definitions including a subsection addressing when an animal is in a domesticated condition. A new section 13.1 is added prohibiting a person from willfully or negligently releasing a live domestic cervid from its domesticated condition. A person shall not transport a present or prospective domestic cervid except in accordance, so far as applicable, with the Livestock Identification and Brand Inspection Act and the Health of Animals Act (Canada) and the regulations therein. A person may sell a prospective domestic cervid. Provisions for the slaughter of domestic cervids are set out. The fines and penalties for contravention of the Act are amended. The term “game-production animal” is changed to “domestic cervid” in this Act and other Alberta Acts. Consequential amendments to other Acts are made.

In force: On proclamation Tobacco Tax Amendment Act, 2003 Bill 35 Amended: Tobacco Tax Act, R.S.A. 2000, c.T-4 Repealed: None Summary: Changes are made to the definitions of “black stock,” “consumer,” “customs officer,” “importing consumer,” and “postal agent.” The obligations of an importing consumer respecting the payment of tax are set out.

The provisions regarding the purchase and sale of “black stock” tobacco products are amended. The Minister may enter into a tax collection agreement with the Government of Canada.

In force: On proclamation Miscellaneous Statutes Amendment Act, 2003 Bill 39 Amended: Agriculture Financial Services Act, R.S.A. 2000, c.A-12; Public Lands Act, R.S.A. 2000, c.P-40; School Act, R.S.A. 2000, c.S-3 Repealed: None Summary: The Agriculture Financial Services Act is amended to allow the Corporation to make payment for the purposes of a program or plan respecting farm income stabilization and to provide compensation. The Public Lands Act is amended to address the use of cordwood and timber. A new section 144.1 is added to the School Act regarding protection from liability for trustees, employees of a board, school council members and volunteers.

In force: May 16, 2003

the purpose of the Election Act. The electoral divisions are set out in the attached schedule.

In force: On proclamation Emblems of Alberta (Grass Emblem) Amendment Act, 2003 Bill 201 Amended: Emblems of Alberta Act, R.S.A. 2003, c.E-6 Repealed: None Summary: The official grass emblem of Alberta is Festuca scabrella or rough fescue.

In force: On proclamation Workers’ Compensation (Firefighters) Amendment Act, 2003 Bill 202 Amended: Workers’ Compensation Act, R.S.A. 2000, c.W-15 Repealed: None Summary: A new section is added addressing the presumption of certain diseases for firefighters. Specifically, if a firefighter suffers a primary site brain cancer, bladder cancer, kidney cancer, colon cancer, non-Hodgkin’s lymphoma or leukemia, the injury shall be presumed to be an occupational disease, the dominant cause of which is the employment as a firefighter unless the contrary is proven. The presumption only applies to a worker who has been a full time member of a fire protection service of a municipality or Metis settlement for a minimum period of time prescribed by regulation. The Board must conduct research to determine if the injuries referred to in the Act are occupational diseases and prepare a report and submit it to the Minister no later than 3 years after the coming into force of this section.

In force: April 9, 2003 School (Compulsory Attendance) Amendment Act, 2003 Bill 203 Amended: School Act, R.S.A. 2000, c.S-3; Financial Administration Act, R.S.A. 2000, c.F-12 Repealed: None Summary: The age for compulsory attendance is increased from less than 16 years of age to less than 17 years of age. The provisions respecting the Attendance Board are repealed.

In force: On proclamation This guide is published solely for the assistance of persons who require a quick reference to new and amending legislation passed at the Spring 2003 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 authneticated copy of each Bill for complete official information.

LEGISLATIVE REVIEW COMMITTEE Appropriation Act, 2003 Bill 40 Amended: None Repealed: None Summary: Sums required to defray certain charges and expenses of the Legislative Assembly and Public Service of Alberta not otherwise provided for during the fiscal year, which shall be duly accounted for.

In force: May 16, 2003 Electoral Divisions Act, 2003 Bill 42 Amended: None Repealed: Electoral Divisions Act, R.S.A. 2000, c.E-4 Summary: There are 83 electoral divisions re-established and revised by the Act. If the boundaries for an electoral division pass through a building used for one or more residences the Chief Electoral Officer may be regulation prescribe the electoral division in which the building shall be located for

E. Mirth, Q.C. - Chairman C.R. Head - Secretary C.D. Johnson - Calgary Chairman E. Mirth, Q.C. - Legislative Officer Edmonton Lorne Smart, Q.C. Rob M. Curtis, Q.C. W. Benjamin Russell C.R. Head Grant Dunlop Debbie A. Yungwirth Gordon D. Sustrik Kismet Fung Richard T. Reeson, Q.C. Paul Moreau

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

Calgary Cliff Shaw, Q.C. William C. Ranson Bruce H. jackson, Q.C. Martin Hay, Q.C. Bernie Roth Cynthia Martens Stacy Petriuk Gillian Marriott Al Lucas Joy Stuber R. Neil Brown Sandra Hildebrand Chris Manderville

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.