Legislative Summary | Spring 2006

26th Legislature Second Session Spring 2006

LEGISLATIVE REVIEW SUMMARY Spring 2006 - 26th Legislature 2nd Session

H IGHLIGHTS The 2006 Spring Session of the Alberta Legislature saw several important bills introduced. 41 of 43 government Bills were passed. Of particular note are the Peace Officer Act, Bill 16; Freedom of Information and Protection of Privacy Amendment Act, Bill 20; (Mandatory Testing and Disclosure Act), Bill 26; and the Securities Transfer Act, Bill 36. Some particularly interesting bills, including the Energy Statutes Amendment Act, Bill 39 and the Unclaimed Personal Property and Vested Property Act, Bill 41 died on the order paper. Three private member Bills: Pr1, Burns Memorial Trust Amendment Act, 2006; Pr2, Mary Immaculate Hospital of Mundare Act, 2006; and Pr3, Edmonton Community Foundation Amendment Act, 2006 were among the bills passed.

Alberta Treasury Branches Act, R.S.A. 2000, c. A-37 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37 Amended Legislation Alcohol and Drug Abuse Act, R.S.A. 2000, c. A-38 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Administrative Penalties and Related Matters Statutes Amendment Act, S.A. 2002, c. 4 – see Miscellaneous Statutes Amendment Act, Bill 43

Animal Keepers Act, R.S.A. 2000, c. A-40.5 – see Livestock Identification and Commerce Act, Bill 38

Administrative Procedures Act , R.S.A. 2000, c. A-3 – see Assured Income for the Severely Handicapped Act, Bill 21

Animal Protection Act, R.S.A. 2000, c. A-41- see Peace Officer Act, Bill 16

Agricultural Societies Act, R.S.A. 2000. c. A-11 – see Trustee Amendment Act, Bill 8 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Architects Act, R.S.A. 2000, c. A-44 – see Architects Amendment Act, Bill 11

Agriculture Financial Services Act, R.S.A. 2000, c. A-12 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Black Creek Heritage Rangeland Trails Act, S.A. 2004, c. B-2.5 (as yet unproclaimed) 9 - see Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Amendment Act, Bill 18

Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 – see Alberta Corporate Tax Amendment Act, Bill 34

Blind Worker’s Compensation Act, R.S.A. 2000, c. B-4 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Alberta Energy and Utilities Board Act, R.S.A. 2000, A-17 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Blood Samples Act, S.A. 2004, c. B-4.5, see Mandatory Testing and Disclosure Act, Bill 26

Alberta Heritage Foundation for Medical Research Act, R.S.A. 2000, A21 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Brand Act, R.S.A. 2000, c. B-6 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Alberta Heritage Foundation for Science and Engineering Research Act, R.S.A., c. A-22 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Builders’ Lien Act, R.S.A. 2000, c. B-7 – see Land Titles Amendment Act, Bill 12

Alberta Heritage Savings Trust Fund Act, R.S.A. 2000, c. A-23 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Business Corporations Act, R.S.A. 2000, c. B-9 – see Securities Transfer Act, Bill 36

Alberta Heritage Scholarship Act, R.S.A. c. A-24 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Canadian Airlines Corporation Act, R.S.A. 2000, c. C-1 – see Miscellaneous Statutes Amendment Act, Bill 43

Alberta Housing Act, R.S.A. 2000, c. A-25 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Cemeteries Act, R.S.A. 2000, c. C-3 – see Trustee Amendment Act, Bill 8 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Alberta Income Tax Act, R.S.A. 2000, c. A-26 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 - see Drug Endangered Children Act, Bill 2 and Peace Officer Act, Bill 16

Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 – see Alberta Personal Income Tax Amendment Act, Bill 33 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Civil Enforcement Act, R.S.A. 2000, c. C-15 – see Judicial Statutes Amendment Act, Bill 5 and Securities Transfer Act, Bill 36

Alberta Personal Income Tax (Tools Credit) Amendment Act, S.A. 2001, c. 18 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Climate Change and Emissions Management Act, S.A. 2003 c. C16.7– see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Alberta School Boards Association Act, R.S.A. 2000, c. A-32 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Coal Conservation Act, R.S.A. 2000, c. C-21 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

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Companies Act, R.S.A. 2000, c. C-21 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Forests Act, R.S.A. 2000, c. F-22 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Condominium Property Act, R.S.A. 2000, c. C-22 – see Trustee Amendment Act, Bill 8

Freedom of Information and Protection of Privacy Act , R.S.A. 2000, c.

F-25 – see Libraries Amendment Act, Bill 17 and Freedom of Information and Protection of Privacy Amendment Act, Bill 20 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Conflicts of Interest Act, – see Assured Income for the Severely Handicapped Act, Bill 21 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Freehold Mineral Rights Tax Act, R.S.A. 2000, c. F-26 – see Land Titles Amendment Act, Bill 12

Credit Union Act, R.S.A. 2000, c. C-32 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Fuel Tax Act, R.S.A. 2000, c. F-28 – see Peace Officer Act, Bill 16 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Daylight Saving Time Act, R.S.A. 2000, c. D-5 - see Daylight Saving Time Amendment Act, Bill 4

Funeral Services Act, R.S.A. 2000, c. F-29 – see Trustee Amendment Act, Bill 8 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Dependent Adults Act, R.S.A. 2000, c. D-11 – see Trustee Amendment Act, Bill 8 Disaster Services Act, R.S.A. 2000, c. D-13 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Government Organization Act, R.S.A. 2000, c. G-10 – see Health Professions Statutes Amendment Act, Bill 14 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Dower Act, R.S.A. 2000, c. D-15 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Health Disciplines Act, R.S.A. 2000, c. H-2 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Election Act, R.S.A. 2000, c. E-1 – see Peace Officer Act, Bill 16 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Health Information Act, R.S.A. 2000, c. H-5 – see Persons with Developmental Disabilities Community Governance Amendment Act, Bill 30 and Health Information Amendment Act, Bill 31

Election Finances and Contributions Disclosure Act, R.S.A. 2000, c. E2 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Health Information Amendment Act, 2006 – see Health Information Amendment Act, Bill 31

Engineering, Geological and Geophysical Professions Act, R.S.A. 2000, c. E-11 – see Engineering, Geological and Geophysical Professions Amendment Act, Bill 10

Health Insurance Premiums Act, R.S.A. 2000, c. H-6 – see Land Titles Amendment Act, Bill 12 Health Professions Act, R.S.A. 2000, c. H-7 - see Health Professions Statutes Amendment Act, Bill 14

Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 see Environmental Protection and Enhancement Amendment Act, Bill 29 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Historical Resources Act, R.S.A. 2000, c. H-9 – see Trustee Amendment Act, Bill 8 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Fair Trading Act, R.S.A. 2000, c. F-2 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37 and Livestock Identification and Commerce Act, Bill 38

Horned Cattle Purchases Act, R.S.A. 2000, c. H-11 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37 and Livestock Identification and Commerce Act, Bill 38

Farm Credit Stability Act, R.S.A. 2000, c. F-6 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Hospitals Act, R.S.A. 2000, c. H-12 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Fatality Inquiries Act, R.S.A. 2000, c. F-9 – see Human Tissue and Organ Donation Act, Bill 32

Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H14 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Feeder Associations Guarantee Act, R.S.A. 2000, c. F-11 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Income and Employment Supports Act, S.A. 2003, c. I-0.5 – see Income and Employment Supports Amendment Act, Bill 9 and Assured Income for the Severely Handicapped Act, Bill 21

Financial Administration Amendment Act, S.A. 2004, c. 7 – see Trustee Amendment Act, Bill 8, Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37 and Livestock Identification and Commerce Act, Bill 38

Innkeepers Act, R.S.A. 2000, c. I-2 – see Peace Officer Act, Bill 16 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Fiscal Responsibility Act, R.S.A. 2000, c. F-15 – see Fiscal Responsibility Amendment Act, Bill 24 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Interpretation Act, R.S.A. 2000, c. I-8 – see Trustee Amendment Act, Bill 8 and Land Titles Amendment Act, Bill 12

Fisheries (Alberta) Act, R.S.A. 2000, F-16 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Justice Statutes Amendment Act, S.A. 2004, c. 11- see Judicial Statutes Amendment Act, Bill 5

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Mobile Home Sites Tenancies Act, R.S.A. 2000, c. M-20 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Land Titles Act, R.S.A. 2000, c. L-4 – see Land Titles Amendment Act, Bill 12 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37 Legislative Assembly Act, R.S.A. 2000, c. L-9 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22 – see Motor Vehicle Accident Claims Amendment Act, Bill 7 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Libraries Act, R.S.A. 2000, c. L-11 – see Libraries Amendment Act, Bill 17

Municipal Government Act, R.S.A. 2000, c. M-26 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Livestock and Livestock Products Act, R.S.A. 2000, c. L-18 – see Trustee Amendment Act, Bill 8, Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37 and Livestock Identification and Commerce Act, Bill 38

Natural Gas Rebates Act, R.S.A. 2000, c. N-2 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37 Occupational Health and Safety Act, R.S.A. 2000, c. O-2 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Livestock Identification and Brand Inspection Act, R.S.A. 2000, c. L-16 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Oil and Gas Conservation Act, R.S.A. 2000, c. O-6 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Livestock Industry Diversification Act, R.S.A. 2000, c. L-17 – see Livestock Identification and Commerce Act, Bill 38

Oil Sands Conservation Act, R.S.A. 2000, c. O-7 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Loan and Trust Corporations Act, R.S.A. 2000, c. L-20 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Opticians Act, R.S.A. 2000, c. O-9 – see Trustee Amendment Act, Bill 8 Partnership Act, R.S.A. 2000, c. P-3 – see Miscellaneous Statutes Amendment Act, Bill 43

Local Authorities Election Act, R.S.A. 2000, c. L-21, see Local Authorities Election Amendment Act, Bill 28

Pension Fund Act, R.S.A. 2000, c. P-4 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

M.S.I. Foundation Act, R.S.A. 2000, c. M-24 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Personal Directives Act, R.S.A. 2000, c. P-6– see Human Tissue and Organ Donation Act, Bill 32

Maintenance Enforcement Act, R.S.A. 2000, c. M-1 – see Maintenance Enforcement Amendment Act, Bill 6 Mechanical Recording of Evidence Act, R.S.A. 2000, c. M-10- see Judicial Statutes Amendment Act, Bill 5

Personal Property Security Act, R.S.A. 2000, c. P-7 – see Securities Transfer Act, Bill 36 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Members of the Legislative Assembly Pension Plan Act, R.S.A. 2000, c.

M-12 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Persons with Developmental Disabilities Community Governance Act, R.S.A. 2000, c. P-19 – see Persons with Developmental Disabilities Community Governance Amendment Act, Bill 30

Mental Health Act, R.S.A. 2000, c. M-13- see Judicial Statutes Amendment Act, Bill 5

Pipeline Act, R.S.A. 2000, c. P-15 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Metis Settlements Accord Implementation Act, R.S.A. 2000, c. M-15 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Podiatry Act, R.S.A. 2000, c. P-16 – see Trustee Amendment Act, Bill 8

Metis Settlements Act, R.S.A. 2000 c. M-14 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Possessory Liens Act, R.S.A. 2000, c. P-19 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Metric Conversion Amendment Act, R.S.A. 2000, c. 18 supp. 9 - see Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Amendment Act, Bill 18

Post-secondary Learning Act, R.S.A. 2000, c. P-19.5 – see Post-secondary Learning Amendment Act, Bill 40

Police Act, R..S.A. 2000, c. P-17 - see Peace Officer Act, Bill 16

Private Investigators and Security Guards Act, R.S.A. 2000, c. P-23 - see Peace Officer Act, Bill 16

Mines and Minerals Act, R.S.A. 2000, c. M-17 – see Land Titles Amendment Act, Bill 12

Proceedings Against the Crown Act, R.S.A. 2000, c. P-25 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

MLA Compensation Act, R.S.A. 2000 c. M-19 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Protection Against Family Violence Act, R.S.A. 2000, c. P-27 - see Protection Against Family Violence Amendment Act, Bill 3

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Protection of Children Abusing Drugs Act, S.A. 2000, 2005, c. P-27.5 see Peace Officer Act, Bill 16

Traffic Safety Act, R.S.A. 2000, c. T-6 – see Peace Officer Act, Bill 16 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Provincial Court Act, R.S.A. 2000, c. P-31- see Judicial Statutes Amendment Act, Bill 5

Traffic Safety Amendment Act, S.A. 2005, c. 34 - see Peace Officer Act, Bill 16

Provincial Offences Procedure Act, R.S.A. 2000, c. P-34 - see Peace Officer Act, Bill 16

Trustee Act, R.S.A. 2000 c. T-8 – see Trustee Amendment Act, Bill 8 Turner Valley Unit Operations Act, R.S.A. 2000, c. T-9 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Provincial Parks Act , R.S.A. 2000, c. P-35 – see Provincial Parks Amendment Act , Bill 23

Ultimate Heir Act, R.S.A. 2000, c. U-1 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Public Lands Act, R.S.A. 2000 c. P-40 – see Land Titles Amendment Act, Bill 12 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Victims of Crime Act, R.S.A. 2000, c. V-3 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Public Utilities Board Act, R.S.A. 2000, c. P-45 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, A-21 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Wild Rose Foundation Act, R.S.A. 2000, c. W-8 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Real Estate Act, R.S.A. 2000, c. R-5 – see Trustee Amendment Act, Bill 8 and Real Estate Amendment Act, Bill 13

Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act , R.S.A. 2000, c. W-9 - see Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Amendment Act, Bill 18

Residential Tenancies Act, R.S.A. 2000, c. R-17.1 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Wildlife Act, R.S.A. 2000, c. W-10 – see Livestock Identification and Commerce Act, Bill 38

Rural Electrification Loan Act, R.S.A. 2000, c. R-19 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Workers’ Compensation Act, R.S.A. 2000, c. W-15 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Rural Electrification Long-term Financing Act, R.S.A. 2000, c. R-20 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Repealed Legislation

Rural Utilities Act, R.S.A. 2000, c. R-21 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Assured Income for the Severely Handicapped Act, R.S.A. 2000, c. A-45 – see Assured Income for the Severely Handicapped Act, Bill 21

Safety Codes Act, R.S.A. 2000, c. S-1 – see Trustee Amendment Act, Bill 8

Blood Samples Act, S.A. 2004, c. B-4.5 – see Mandatory Testing and Disclosure Act, Bill 26

School Act, R.S.A. 2000, c. S-3 – see Trustee Amendment Act, Bill 8 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Brand Act, R.S.A. 2000, c. B-6 –see Livestock Identification and Commerce Act, Bill 38

Securities Act, R.S.A. 2000, c. S-4 – see Securities Amendment Act, Bill 25 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Fuel Tax Act, R.S.A. 2000, c. F-28 – see Fuel Tax Act, Bill 35 Fuel Tax Amendment Act, S.A. 2004, c. 17 , S. 3(a) – see Fuel Tax Act, Bill 35

Surface Rights Act, R.S.A. 2000 c. S-24 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Highways Development and Protection Act, R.S.A. 2000 – see Fuel Tax Act, Bill 35

Surveys Act, R.S.A. 2000, c. S-26 – see Land Titles Amendment Act, Bill 12

Human Tissue Donation Procedures Statutes Amendment Act, R.S.A. 2000, c. 15(Supp) – see Human Tissue and Organ Donation Act, Bill 32

Teachers’ Pension Plans Act, R.S.A. 2000, c. T-1 – see Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Human Tissue Gift Act, R.S.A. 2000, c. H-15– see Human Tissue and Organ Donation Act, Bill 32

The Railway (Alberta) Act, R.S.A. 2000, c. R-4 – see The Railway (Alberta)(Heritage Railway) Amendment Act, Bill 203

Livestock Identification and Brand Inspection Act, R.S.A. 2000, c. L-16 – see Livestock Identification and Commerce Act, Bill 38

Tobacco Tax Act, R.S.A. 2000 c. T-4 - see Peace Officer Act, Bill 16

Lloydminster Municipal Amalgamation Act, R.S.A. 2000, c. L-19 – see City of Lloydminster Act, Bill 3

Tourism Levy Act, R.S.A. 2000, c. T-5.5 – see Peace Officer Act, Bill 16 and Miscellaneous (Provincial Treasurer) Statutes Amendment Act, Bill 37

Vegetable Sales (Alberta) Act , R.S.A. 2000, c. V-1 – see Vegetable Sales (Alberta) Act, Bill 27

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Detailed Listing of Bills

dence Act, R.S.A. 2000, c. M-10, Mental Health Act, R.S.A. 2000, c. M13, Provincial Court Act, R.S.A. 2000, c. P-31 Summary: Amends the provisions in the Civil Enforcement Act regarding enforcement creditors giving notice re: personal property already subject to civil enforcement proceedings and applying to the Court for an order re: personal property already under seizure.

Amends provisions of the Justice Statutes Amendment Act, 2004 pertaining to periodic payment of damages.

Amends the provisions in the Mechanical Recording of Evidence Act pertaining to certifying the record and destruction of records. Other minor amendments.

Consequential amendments to the Mental Health Act and the Provincial Court Act. In force: Various dates

Alberta Cancer Prevention Legacy Act, 2006 Bill 1 Summary: Establishes the Alberta Cancer Prevention Legacy Fund which is administered by the Minister of Finance. $500 000 000 is to be paid into the fund out of the General Revenue Fund. The Minister of Finance shall pay into, and expend money from, the fund as required by the Minister of Health and Wellness. The Fund cannot be directly invested in securities of companies in the tobacco industry.

In force: On proclamation Drug Endangered Children Act, 2006 Bill 2

Maintenance Enforcement Amendment Act, 2006 Bill 6

Amends: Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 Summary: Establishes the procedure by which a director or police officer, upon reasonable and probable grounds, believes that a child is in an environment that qualifies that child as “drug-endangered” may obtain an Apprehension Order, enabling the child to be removed from the custody of a guardian. Notice of the apprehension must be given to the guardian. If the child is not returned to the guardian within 2 days of the apprehension, the child is deemed to be apprehended under section 19 of the Child, Youth and Family Enhancement Act. Any person who willfully causes a child be drug-endangered or attempts to interfere with the exercise of power under this Act is guilty of an offence punishable by both a fine and imprisonment.

In force: On proclamation

Amends: Maintenance Enforcement Act, R.S.A. 2000, c. M-1 Summary: Minor amendments pertaining to fees and tax withholdings on deduction notices issued in respect of retirement savings. Increases the scope of order that may be granted on an ex parte basis when a debtor fails to make payment. Additional provisions are added that could make it more difficult to find a debtor in contempt for failing to attend a financial examination. Other minor amendments.

In force: March 23, 2006 Motor Vehicle Accident Claims Amendment Act, 2006 Bill 7 Amends: Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22 Summary: Definition for “court” is established. Minor amendments to incorporate Provincial Court procedures and documents and reflect the intention that actions may be brought in either Provincial Court or the Court of Queens Bench and the procedures and rules of the chosen court should apply. Establishes that costs can only be awarded where an applicant is represented by a barrister and solicitor.

In force: March 23, 2006

Protection Against Family Violence Amendment Act, 2006 Bill 3 Amends: Protection Against Family Violence Act, R.S.A. 2000, c. P-27 Summary: New definitions for “family members”, “family violence” and “stalking”. Provides more flexible criteria for obtaining an Emergency Protection Order. The court is also given the ability to look at the vulnerability of family members other than the claimant when considering whether to grant an Emergency Protection Order. The addresses covered by an Emergency Protection Order can be disclosed by the clerk of the court as part of the transcript of proceedings.

In force: On proclamation

Trustee Amendment Act, 2006 Bill 8 Amends: Trustee Act, R.S.A. 2000 c. T-8, Agriculture Societies Act, R.S.A. 2000, c. A-11, Cemeteries Act, R.S.A. 2000, c. C-3, Condominium Property Act, R.S.A. 2000, c. C-22, Dependent Adults Act, R.S.A. 2000, c. D-11, Financial Administration Amendment Act, S.A. 2004, c. 7, Funeral Services Act, R.S.A. 2000, C. F-29, Historical Resources Act, R.S.A. 2000, c. H-9, Interpretation Act, R.S.A. 2000, c. I-8, Livestock and Livestock Products Act, R.S.A. 2000, c. L-18, Opticians Act, R.S.A. 2000, c.

O-9, Podiatry Act, R.S.A. 2000, c. P-16, Real Estate Act, R.S.A. 2000, c.

R-5, Safety Codes Act, R.S.A. 2000, c. S-1, School Act, R.S.A. 2000, c.

S-3 Summary: The Schedule to the Trustee Act is repealed. Consequential amendments are made to numerous Acts to reflect the removal of the Schedule from the Trustee Act. References to the Schedule to the Trustee Act are replaced with references to the regulations under the Trustee Act. In force: On proclamation

Daylight Saving Time Amendment Act, 2006 Bill 4 Amends: Daylight Saving Time Act, R.S.A. 2000, c. D-5 Summary: Changes the dates within which Daylight Saving Time is to be observed. Daylight Saving Time is now to be observed between 2:00 AM of the 2nd Sunday in March to 2 AM of the first Sunday in April. The provision allowing for a fine to be levied for failure to comply with the Act is repealed.

In force: Various dates

Justice Statutes Amendment Act, 2006 Bill 5

Income and Employment Supports Amendment Act, 2006 Bill 9

Amends: Civil Enforcement Act, R.S.A. 2000, c. C-15, Justice Statutes Amendment Act, S.A. 2004, c. 11, Mechanical Recording of Evi-

Amends: Income and Employment Supports Act, S.A. 2003, c. I-0.5

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Summary: References to a specific requirement that a member of the household unit to be 18 years of age in order to be designated a full-time learner, and thereby qualify for support under the Act are struck out.

Instead a full-time learner must meet the age or other requirements provided in the regulations.

In force: May 24, 2006, with exceptions

Summary: Government Organization Act: A two year limitation period is established for prosecuting offences listed under Schedule 7.1 Health Professions Act: Establishes that public members are permitted to be appointed to councils, as well as complaint review committees and hearing tribunals. Complaints against regulated members and former members must be made in writing and signed by the complainant. A council may make regulations limiting the number of times examinations can be taken and respecting disclosure of information about its members.

The names of various Colleges and Associations are amended under the Act. The titles of Provisional Dental Assistant, Clinical Pharmacist and Provisional Optician are created. Opticians are given authority to provide broader services. Other minor amendments.

In force: May 24, 2006

Engineering, Geological and Geophysical Professions Amendment Act, 2006 Bill 10 Amends: Engineering, Geological and Geophysical Professions Act, R.S.A. 2000, c. E-11 Summary: Revisions to the composition of the Council. Other minor amendments.

In force: On proclamation

International Interests in Mobile Aircraft Equipment Act, 2006 Bill 15

Architects Amendment Act, 2006 Bill 11

Summary: The purpose of this Act is to implement the provisions of the Convention on International Interests in Mobile Equipment that was opened for signature at Cape Town on November 16, 2001. The Minister may request the Government of Canada to declare that the Convention extend to Alberta. If such a declaration is made the Convention is said to have the force of law in Alberta with the exception of Articles 49 to 59, 61 and 62 of the Convention and Atricles XIII and XXIX of the associated Aircraft Protocol. Provides comprehensive personal property registry mechanisms for mobile aircraft equipment.

The Convention and Protocol form Schedule 1 and 2 to the Act. In force: On proclamation

Amends: Architects Act, R.S.A. 2000, c. A-44 Summary: Adds licensed interior designers to the Act. Amends several definitions and sections in the Act to accommodate the references to interior designers. Restrictions are placed on who may use various titles relating to interior design. Procedures are established for registration of licensed interior designers. Interior designers are required to pay annual fees and obtain annual certifications as prescribed. Section 27 pertaining to cancellation of registrations by the registrar is replaced in its entirety by a new section. The composition of the Complaint Review Committee and the Practice Review Board is restructured to include licensed interior designers. The professional misconduct provisions are amended to reflect the addition of licensed interior designers to the Act. In force: On proclamation

Peace Officer Act Bill 16 Amends: Animal Protection Act, R.S.A. 2000, c. A-41; Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12, Election Act, R.S.A. 2000, c. E-1, Fuel Tax Act, R.S.A. 2000, c. F-28; Innkeepers Act, R.S.A. 2000, c. I-2, Police Act, R..S.A. 2000, c. P-17, Private Investigators and Security Guards Act, R.S.A. 2000, c. P-23, Protection of Children Abusing Drugs Act, S.A. 2000, 2005, c. P-27.5, Provincial Offences Procedure Act, R.S.A. 2000, c. P-34, Tobacco Tax Act, R.S.A. 2000 c. T-4, Tourism Levy Act, R.S.A. 2000, c. T-5.5; Traffic Safety Act, R.S.A. 2000, c. T-6, Traffic Safety Amendment Act, S.A. 2005, c. 34.

Summary: Enables the Minister, upon application by authorized employers, to appoint individuals to act as Peace Officers. The appointment must set out the authority and jurisdiction of the peace officer, the weapons the peace officer may use, and ther terms and conditions the Minister considers appropriate. The Minister may amend, suspend or cancel a peace officer’s appointment or an employer’s authorization at any time.

Authorized employers are liable for the actions or omissions of a peace officer while the peace officer is acting within the scope of his or her authority.

Stringent requirements are placed on authorized employers to properly investigate complaints and to discipline peace officers, if required. The Director must be notified of any complaints. The authorized employer has a positive duty to report any incident that it is aware of where a peace officer may have exceeded the limits of his or her authority. If the Director is not of the opinion that the authorized employer is investigating a complaint properly the Director may investigate and dispose of the complaint or matter.

Appeal provisions are established under which an employer may appeal any cancelled authorization.

The Director may enter an authorized employer’s premises to inspect and ensure compliance with the Act and regulations at any

Land Titles Amendment Act, 2006 Bill 12 Amends: Land Titles Act, R.S.A. 2000, c. L-4, Builders’ Lien Act, R.S.A. 2000, c. B-7, Freehold Mineral Rights Tax Act, R.S.A. 2000, c. F-26, Health Insurance Premiums Act, R.S.A. 2000, c. H-6, Interpretation Act, R.S.A. 2000, c. I-8, Mines and Minerals Act, R.S.A. 2000, M-17, Public Lands Act, R.S.A. 2000, c. P-40, Surveys Act, R.S.A. 2000, c. S-26 Summary: References to Inspector of Land Titles Offices and Assistant Inspector of Land Titles Offices are removed. New definition of “Registrar”. The Deputy Registrar is given increased authority. Registrar is given authority to require proof of identity of any person whose name appears on an instrument and also to refuse to register an instrument if it appears the transaction involves fraud or identification is refused. Other minor and consequential amendments.

In force: On proclamation Real Estate Amendment Act, 2006 Bill 13 Amends: Real Estate Act, R.S.A. 2000, c. R-5 Summary: Addition of the suppression of mortgage fraud as one of the purposes of the Council.

In force: May 24, 2006 Health Professions Statutes Amendment Act, 2006 Bill 14 Amends: Government Organization Act, R.S.A. 2000, c. G-10, Health Professions Act, R.S.A. 2000, c. H-7

7

time. The Director is given broad powers to compel production of records and evidence and to remove and copy materials.

It is an offence to impersonate a Peace Officer.

A person who contravenes the Act or regulations is guilty of an offence and liable to a fine of not greater than $10,000 or a term of imprisonment not exceeding 6 months or both.

The Lieutenant Governor in Council and Minister are given authority to make regulations under the Act. A person who is appointed a special constable under s. 42 of the Police Act is deemed to be a peace officer under the Act. Numerous consequential amendments.

In force: On proclamation

expenses and equipment/inventory purchases and for deposit to the Heritage Savings Trust Fund.

In force: May 16, 2006 Freedom of Information and Protection of Privacy Amendment Act, 2006 Bill 20 Amends: Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25 Summary: Library materials are excluded from application of the Act. The right of access does not extend to records created for briefing members of the Executive Council for a period of 5 years. The right of access does not extend to records relating to an audit by the Chief Internal Auditor of Alberta for a period of 15 years.

The penalties applicable upon wrongful, wilful disclosure of personal information are revised to a minimum of $2,000 and maximum of $10,000 for individuals and a minimum of $200,000 and maximum of $500,000 for any other person. Prosecutions must be commenced within 2 years of the alleged offence.

In force: May 24, 2006

Libraries Amendment Act, 2006 Bill 17 Amends: Libraries Act, R.S.A. 2000, c. L-11, Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25 Summary: Creates intermunicipal libraries and grants municipalities the authority to create municipal library boards and intermunicipal library boards. Intermunicipal library boards can be established by agreement between multiple municipalities to provide library services to the residents of the municipalities.

Establishes procedures for the disposition of rights, assets and liabilities of a municipal library board upon the dissolution, amalgamation or annexation of a municipality. Establishes the duties, budget and accounting obligations of intermunicipal library boards.

In force: On proclamation

Assured Income for the Severely Handicapped Act, 2006 Bill 21 Amends: Administrative Procedures Act, R.S.A. 2000, c. A-3, Conflicts of Interest Act, R.S.A. 2000, c. 23, Income and Employments Supports Act, S.A. 2003, c. I-0.5 Repeals: Assured Income for the Severely Handicapped Act, R.S.A. 2000, c. A-45

Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Amendment Act, 2006 Bill 18

Summary: Establishes the criteria that must be met in order to qualify for benefits under the Act. A person must be a Canadian citizen or permanent resident 18 years of age or older, have a severe handicap, have household income below the threshold established by the regulations, have household assets as determined by the regulations valued at a maximum of $100,000 or $3,000, depending on the type of benefit being applied for, and meet any other requirements established by the regulations. The Minister may exempt a person from certain requirements in circumstances of financial hardship. Benefit eligibility may be reviewed by a director who may suspend, vary or discontinue a benefit.

A director may appoint a third party to manage a person’s benefit. A benefit must be used for the purpose provided. If a benefit is used for an improper purpose a person may be required to repay the benefit.

Appeal procedure is established. A person who knowingly provides false information or conceals or omits information is liable for a fine of not more than $1,000 and repayment of the benefit. If a third party benefits personally from a benefit of a client or wilfully misuses a benefit he or she is liable for a fine of not more than $5,000. Various consequential amendments.

In force: On proclamation

Amends: Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act, R.S.A. 2000, c. W-9, Metric Conversion Amendment Act, R.S.A. 2000, c. 18 supp., Black Creek Heritage Rangeland Trails Act, S.A. 2004, c. B-2.5 (as yet unproclaimed) Summary: Several amendments are made to reflect the abolishment of the Advisory Committee on Wilderness Areas and Ecological Reserves. Public notice must be given before the Lieutenant Governor in Council may make any order designating, removing or changing any land as ecological reserve or heritage rangeland. Procedures for adequate public notice are established. Rules for the disposition of natural areas and heritage rangelands are established. Restrictions are placed on the operation of aircraft. Rules pertaining to the use of roads and road right of ways passing through ecological reserves, natural areas and heritage rangelands are clarified. Section 10 pertaining to the destruction, damage and pollution of land is reworded.

Rules pertaining to penalties and time limits for prosecution are established. Offences by individuals under the Act could result in a fine of not more than $100,000 and not more than 12 months imprisonment. Offences by corporations could result in a fine of not more than $500,000. Prosecutions must be brought within 2 years of the offence, or within 2 years of the offence coming to the attention of the Minister or conservation officer. If a vehicle is used in the contravention of the Act the owner can be held vicariously liable. Additional fines may be awarded where a financial benefit is derived from the contravention of the Act. The Court is given broad discretion to make directions and penalties.

Numerous other minor amendments.

In force: May 24, 2006

Appropriation (Interim Supply) Act, 2006 Bill 22 Summary: Appropriation of funds from the General Revenue Fund for expenses, equipment/inventory purchases and non-budgeted disbursements.

In force: March 16, 2006

Appropriation Act (Supplementary Supply) Act, 2006 Bill 19 Summary: Appropriation of funds from the General Revenue Fund for 8

Provincial Parks Amendment Act, 2006 Bill 23

Part 17.1 is re-titled Interjurisdictional Co-operation and numerous amendments are made to this part, in particular regarding delegation and acceptance of authority, adoption or incorporation of extraprovincial securities laws, exemptions, exercise of discretion and interprovincial reliance by the Commission or Executive Director.

New regulation-making authority is added.

In force: On proclamation

Amends: Provincial Parks Act , R.S.A. 2000, c. P-35 Summary: Entirely new definition section. Creates the position of parks administrative officer and provides the powers of these officers. Establishes the purpose of parks and recreation areas. Sections pertaining to the grant, renewal, withdrawal etc. of dispositions are revised. Land use prohibitions are established. Restrictions are placed on the operation of aircraft. Powers of conservation officers are revised, including the ability to enter and search premises without warrants if certain conditions are met.

Rules pertaining to penalties and time limits for prosecution are established. Offences by individuals under the Act could result in a fine of not more than $100,000 and not more than 12 months imprisonment. Offences by corporations could result in a fine of not more than $500,000. Prosecutions must be brought within 2 years of the offence, or within 2 years of the offence coming to the attention of the Minister or conservation officer. If a vehicle is used in the contravention of the Act the owner can be held vicariously liable. Additional fines may be awarded where a financial benefit is derived from the contravention of the Act. The Court is given broad discretion to make directions and penalties.

In force: May 24, 2006, with exceptions

Mandatory Testing and Disclosure Act, 2006 Bill 26

Amends: Fiscal Responsibility Act, R.S.A. 2000, c. F-15 Summary: Revises the threshold for non-renewable resource revenues for fiscal policy purposes in respect of a fiscal year from $4,750,000 to $5,300,000.

In force: May 24, 2006

Repeals: Blood Samples Act, S.A. 2004, c. B-4.5 Summary: Enacts the ability for a person to apply for an order from the Provincial Court compelling the provision of a sample of a bodily substance by a source individual if the person seeking the order has come into contact with a bodily substance of a source individual while providing emergency assistance or performing services as a firefighter, paramedic, peace officer or other activity described in the regulations.

The court may grant the order if a number of criteria are met, including some reasonable grounds to believe that the applicant may have become infected with a pathogen. The testing order must be accompanied by a physician’s report and state what attempts have been made to determine if the source individual is infected with a pathogen. The testing order may give broad authority to enable the collecting of the sample, with or without the cooperation of the source individual. The sample must be analyzed by a qualified analyst. The results are subject to relevant privacy legislation unless disclosure is required by the Act, regulations, or certain other limited exceptions. A person carrying out the powers of this Act is protected from liability The source individual has the right to appeal the testing order to the Court of Queens Bench.

In force: On proclamation, with exception of s. 20(1)

Securities Amendment Act, 2006 Bill 25

Vegetable Sales (Alberta) Act Repeal Act, 2006 Bill 27

Amends: Securities Act, R.S.A. 2000, c. S-4 Summary: New definitions for “control person”, “director”, “forwardlooking information”, “insider”, “material change”, “officer”, “interested purchaser”, “issuer bid”, “take-over bid” and “self-regulatory organization”.

The Commission or the Executive Director may issue a cease trading order for a person or company that fails to file periodic disclosure.

Provisions dealing with the suspension, cancellation or restriction of a registrant are repealed. Creates new guidelines for circumstances in which Executive Director may restrict a registration or accept the surrender of a registration. Restrictions on making untrue representations are clarified and expanded. Significant amendments are made to the rules pertaining to prospectus’. New procedures for the revocation of purchase of securities. New guidelines that reporting issuers must abide by. Registration application and renewal provisions are repealed. Sections dealing with Take-over bids and issuer bids are repealed. New provisions are enacted pertaining to applications to the Commission and applications to the court. The specific requirements of an insider report are moved to the regulations. Early warning provision is enacted for a person or company acquiring a prescribed percentage of a security. New provisions regarding the standard of care for management of investment funds. Authorized exceptions are created to prohibited transactions. New administrative penalty provisions. A defence to liability for misrepresentation is created.

Part 17.01 is added dealing with civil liability for secondary market disclosure. This part deals with the burden of proof and defences to civil liability, assessment of damages, and procedural issues.

Repeals: Vegetable Sales (Alberta) Act , R.S.A. 2000, c. V-1 Summary: Repeals chapter V-1 of the Revised Statutes of Alberta 2000 In force: May 24, 2006

Fiscal Responsibility Amendment Act, 2006 Bill 24

Local Authorities Election Amendment Act, 2006 Bill 28 Amends: Local Authorities Election Act, R.S.A. 2000, c. L-21 Summary: New definitions for “official agent”, “prescribed form”, “presiding deputy” and “scrutineer”. Enacts a duty for a returning officer to be impartial. Creates the title of presiding deputy to whom a returning officer may delegate powers. Creates the title of official agent. Rules pertaining to official agents are established. A person cannot be a candidate in an election if the person has been convicted of an election related offence within the previous 10 years. The maximum number of electors who may be required to sign the nomination of candidate is increased from 25 to 100 for larger communities or school districts. The returning officer, upon request, must provide to a candidate the proper documentation to identify an official agent, campaign workers and scrutineers. The maximum required deposit for each nomination is increased from $500 to $1,000 for centres larger than 10,000 people. Election instructions may be printed in languages other than English at appropriate voting stations. Some voting stations may be open earlier than 10 a.m., if certain conditions are met. Bylaws may be passed regarding the identification required at voting stations but such a bylaw must be ad-

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Human Tissue and Organ Donation Act, 2006 Bill 32

vertised in accordance with the Act. Requirements for advance voting are repealed. Guidelines pertaining to special ballots are amended.

New duties relating to objections are imposed upon presiding deputies.

Bylaws may be passed requiring disclosure of campaign contributions.

In force: May 24, 2006

Amends: Fatality Inquiries Act, R.S.A. 2000, c. F-9, Personal Directives Act, R.S.A. 2000, c. P-6 Repeals: Human Tissue Donation Procedures Statutes Amendment Act, R.S.A. 2000, c. 15(Supp), Human Tissue Gift Act, R.S.A. 2000, c. H-15 Summary: Establishes circumstances in which tissue, organs or body may be donated. No benefit or reward may be received for any donation. Only universities with medical, dental or other health related programs may use a body donated under the Act. Only persons registered in accordance with the regulations may perform transplants. If an adult person dies without giving consent for donation, consent may be obtained from family members in a prescribed manner and order. Living donors may consent to donation. Where adult person lacks capacity to give consent an agent under the Personal Directives Act may give consent. Minors may donate from living body for transplantation with consent of independent assessment committee and guardian, in certain situations. Determination of death must be made by physician not involved with transplant. Medical practitioner who makes determination of death must note suitability of potential donations and notify donation agencies. Donation agencies may seek consent for donation in accordance with the Act. Consent under the Act must be in writing, dated, and signed by witness, or if consenter cannot sign, by two witnesses. Consent on certificate of registration under the Health Insurance Premiums Act is valid even if not dated. Witness to consent must be someone not involved with the transplant. Rules pertaining to collection and disclosure of confidential information are established. Offences for contravention of Act may result in fines of not more than $10,000 or in the case of improper disclosure of confidential information, $50,000. Consequential amendments.

In force: On proclamation

Environmental Protection and Enhancement Amendment Act, 2006 Bill 29 Amends: Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 Summary: The definition of “person responsible” in relation to municipalities is amended. The definitions of “operator” and “working interest participant” are expanded. The Minister is given broad authority to transfer the administration of the Act and to delegate a person as a Director for the purposes of the Act. Authority is given to make regulations respecting emissions trading. The ability to incorporate by reference other sources into the Act is broadened. A person who releases harmful substances into the environment is given a more encompassing duty to report and to take remedial measures. An environmental protection order may only be issued for a substance that was released prior to September 1, 1993 if an adverse effect has occurred or is occurring.

Applications for remediation certificates may be rejected if defective or if applicant is indebted to the Government. Director may amend or put conditions on remediation certificates.

In force: May 24, 2006 Persons with Developmental Disabilities Community Governance Amendment Act, 2006 Bill 30 Amends: Persons with Developmental Disabilities Community Governance Act, R.S.A. 2000, c. P-19; Health Information Act, R.S.A. 2000, c.

H-5 Summary: Recitals are amended. Provincial and Facility Boards are abolished. Minister given authority to appoint a chief executive officer of a Community Board, upon recommendation by the Board. Community Boards are to be governed by their members and must not operate for profit. The role of the Minister in the application of the Act is expanded.

The Minister may give Community Boards written directions on various issues. New appeal provisions are established in regards to funding decisions by the Board. The Minister, Community Boards and appeals panels are given authority to collect personal information for the purposes of the Act. Consequential amendments.

In force: On proclamation

Alberta Personal Income Tax Amendment Act, 2006 Bill 33 Amends: Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 Summary: The personal exemption amounts for basic, spousal and eligible dependants is increased by $376 to $14,899 for 2006 (up from $14,523 for 2005) as a result of indexation plus an extra $100 adjustment. The formula for calculating the medical expense credit is revised.

In force: On various dates Alberta Corporate Tax Amendment Act, 2006 Bill 34

Health Information Amendment Act, 2006 Bill 31

Amends: Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 Summary: A new section is added regarding reimbursement of Crown charges. The general corporate income tax rate is reduced to 10% from 11.5% effective April 1, 2006. Changes to the small business deduction.

Changes to the Royalty Tax Credit. Section 143 of the federal Act is extended to communal organizations. Minister given authority to not collect or refund small amounts owing and to cancel penalties or interest on application by taxpayers after 10 years. New definition for “tax benefit”. Other minor amendments.

In force: On various dates

Amends: Health Information Act, R.S.A. 2000, c. H-5, Health Information Amendment Act, 2006 Summary: Ethics committees are replaced by research ethics boards.

Circumstances in which a Custodian may disclose information are amended, including disclosure to governments, successor custodians and the College of Physicians and Surgeons. Disclosure is permitted to prevent or limit fraud or abuse of health services and to protect public health and safety. Record keeping requirements of custodians are amended to avoid duplication of written and electronic records. Penalties for improper disclosure of information are increased to a maximum of $10,000 for individuals and $500,000 for any other person. Prosecutions under the Act must be commenced within 2 years. Consequential amendments.

In force: On proclamation, with the exception of s. 19

Fuel Tax Act, 2006 Bill 35 Repeals: Highways Development and Protection Act, R.S.A. 2000, Fuel Tax Act, R.S.A. 2000, c. F-28, s. 3(a) of the Fuel Tax Amendment Act, S.A. 2004, c. 17

10

Services Act, R.S.A. 2000, c. F-29, Government Organizations Act, R.S.A. 2000, c. G-10, Health Disciplines Act, R.S.A. 2000, c. H-2, Historical Resources Act, R.S.A. 2000, c. H-9, Horned Cattle Purchases Act, R.S.A. 2000, c. H-11, Hospitals Act, R.S.A. 2000, c. H-12, Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14, Innkeepers Act, R.S.A. 2000, c. I-2, Land Titles Act, R.S.A. 2000, c. L-4, Legislative Assembly Act, R.S.A. 2000, c. L-9, Livestock Identification and Brand Inspection Act, R.S.A. 2000, c. L-16, Livestock and Livestock Products Act, R.S.A. 2000, c. L-18, Loan and Trust Corporations Act, R.S.A. 2000, c. L20, Members of the Legislative Assembly Pension Plan Act, R.S.A. 2000, c. M-12, Metis Settlements Act, R.S.A. 2000 c. M-14, Metis Settlements Accord Implementation Act, R.S.A. 2000, c. M-15, MLA Compensation Act, R.S.A. 2000 c. M-19, Mobile Home Sites Tenancies Act, R.S.A. 2000, c. M-20, Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22, M.S.I. Foundation Act, R.S.A. 2000, c. M-24, Municipal Government Act, R.S.A. 2000, c. M-26, Natural Gas Rebates Act, R.S.A. 2000, c. N-2, Occupational Health and Safety Act, R.S.A. 2000, c. O-2, Oil and Gas Conservation Act, R.S.A. 2000, c. O-6, Oil Sands Conservation Act, R.S.A. 2000, c. O-7, Pension Fund Act, R.S.A. 2000, c. P-4, Personal Property Security Act, R.S.A. 2000, c. P-7, Pipeline Act, R.S.A. 2000, c. P-15, Possessory Liens Act, R.S.A. 2000, c. P-19, Proceedings Against the Crown Act, R.S.A. 2000, c. P-25, Public Lands Act, R.S.A. 2000 c. P-40, Public Utilities Board Act, R.S.A. 2000, c. P-45, Residential Tenancies Act, R.S.A. 2000, c. R-17.1, Rural Electrification Loan Act, R.S.A. 2000, c. R-19, Rural Electrification Long-term Financing Act, R.S.A. 2000, c. R20, Rural Utilities Act, R.S.A. 2000, c. R-21, School Act, R.S.A. 2000, c.

S-3, Securities Act, R.S.A. 2000, c. S-4, Surface Rights Act, R.S.A. 2000 c. S-24, Teachers’ Pension Plans Act, R.S.A. 2000, c. T-1, Tourism Levy Act, R.S.A. 2000, c. T-5.5, Traffic Safety Act, R.S.A. 2000, c. T-6, Turner Valley Unit Operations Act, R.S.A. 2000, c. T-9, Ultimate Heir Act, R.S.A. 2000, c. U-1, Victims of Crime Act, R.S.A. 2000, c. V-3, Wild Rose Foundation Act, R.S.A. 2000, c. W-8, Workers’ Compensation Act, R.S.A. 2000, c. W-15 Summary: Housekeeping act that replaces all reference to “Provincial Treasurer” in provincial statutes with “Minister of Finance”.

In force: May 24, 2006

Summary: There are no policy changes in this act. It is a rewrite of the act to bring it up to the present day. There is some clarification as to how the fuel tax is collected. The definitions are reworded to ensure that the clarity is there for the persons who are impacted by this Act, including clarification as to who pays the tax, how they pay the tax and how to collect the tax. Procedures are established for the assessment of tax owing and the process for appealing these assessments. Penalties are established for infractions under this Act. In force: On proclamation Securities Transfer Act, 2006 Bill 36 Amends: Business Corporations Act, R.S.A. 2000, c. B-9, Civil Enforcement Act, R.S.A. 2000, c. C-15, Personal Property Security Act, R.S.A. 2000, c. P-7 Summary: This Act is part of a larger move to modernize and standardize securities laws across North America. Significant consequential amendments are made to the Personal Property Security Act, Business Corporations Act and Civil Enforcement Act in an effort to meet this goal. An almost identical bill was recently passed in Ontario. A new type of personal property called a “security entitlement” is created.

“Deemed possession” is replaced with a new term defined as “control”. Clear conflict of laws rules are established that resolve the current uncertainty on where a security interest in a security entitlement should be perfected. The Act expressly sets out the methods by which a secured party can exercise “control” over security entitlements to perfect its security interest. Control agreements between lenders, borrowers and the applicable securities intermediary replace existing methods of perfection of security interests in this type of collateral. This is an extensive act that should be reviewed in detail by interested and affected persons.

In force: On proclamation Miscellaneous (Provincial Treasurer) Statutes Amendment Act, 2006 Bill 37

Livestock Identification and Commerce Act, 2006 Bill 38

Amends: Agricultural Societies Act, R.S.A. 2000. c. A-11, Agriculture Financial Services Act, R.S.A. 2000, c. A-12, Alberta Energy and Utilities Board Act, R.S.A. 2000, A-17, Alberta Heritage Foundation for Medical Research Act, R.S.A. 2000, A-21, Alberta Heritage Foundation for Science and Engineering Research Act, R.S.A., c. A-22, Alberta Heritage Savings Trust Fund Act, R.S.A. 2000, c. A-23, Alberta Heritage Scholarship Act, R.S.A. c. A-24, Alberta Housing Act, R.S.A. 2000, c. A-25, Alberta Income Tax Act, R.S.A. 2000, c. A-26, Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30, Alberta Personal Income Tax (Tools Credit) Amendment Act, S.A. 2001, c. 18, Alberta School Boards Association Act, R.S.A. 2000, c. A-32, Alberta Treasure Branches Act, R.S.A. 2000, c. A-37, Alcohol and Drug Abuse Act, R.S.A. 2000, c. A-38, Blind Worker’s Compensation Act, R.S.A. 2000, c. B-4, Brand Act, R.S.A. 2000, c.

B-6, Cemeteries Act, R.S.A. 2000, c. C-3, Climate Change and Emissions Management Act, S.A. 2003 c. C-16.7, Coal Conservation Act, R.S.A. 2000, c. C-21, Companies Act, R.S.A. 2000, c. C-21, Conflicts of Interest Act, R.S.A. 2000, c. C-23, Credit Union Act, R.S.A. 2000, c. C32, Disaster Services Act, R.S.A. 2000, c. D-13, Dower Act, R.S.A. 2000, c. D-15, Election Act, R.S.A. 2000, c. E-1, Election Finances and Contributions Disclosure Act, R.S.A. 2000, c. E-2, Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12, Fair Trading Act, R.S.A. 2000, c. F-2, Farm Credit Stability Act, R.S.A. 2000, c. F-6, Feeder Associations Guarantee Act, R.S.A. 2000, c. F-11, Financial Administration Amendment Act, S.A. 2004, c. 7, Fiscal Responsibility Act, R.S.A. 2000, c. F-15, Fisheries (Alberta) Act, R.S.A. 2000, F-16, Forests Act, R.S.A. 2000, c. F-22, Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25, Fuel Tax Act, R.S.A. 2000, c. F-28, Funeral

Amends: Animal Keepers Act, R.S.A. 2000, c. A-40.5, Fair Trading Act, R.S.A. 2000, c. F-2, Financial Administration Amendment Act, S.A. 2004, c. 7, Horned Cattle Purchases Act, R.S.A. 2000, c. H-11, Livestock Industry Diversification Act, R.S.A. 2000, c. L-17, Livestock and Livestock Products Act, R.S.A. 2000, c. L-18, Wildlife Act, R.S.A. 2000, c. W-10 Repeals: Brand Act, R.S.A. 2000, c. B-6, Livestock Identification and Brand Inspection Act, R.S.A. 2000, c. L-16 Summary: Establishes the procedures for registering, changing, transferring or surrendering a livestock brand as well as the rights conferred by registration and the rules for application of brands. Fines of $5,000 to $10,000 are set for offences under the Act. Rules for livestock transactions, transportation and inspection are established. Bills of sale are required for livestock transactions.

Payment must be made within 2 business days of purchasing livestock.

Livestock dealers hold money in trust for the vendor. All livestock transported in Alberta must be accompanied by a manifest or permit, except in specified circumstances, in respect of the livestock for each owner.

Livestock that must be inspected under the Act are to be kept separate from other livestock. The inspector must be satisfied that the person in possession of the livestock is lawfully entitled to possession. If the inspector is not satisfied as to lawful possession he has the power to detain the livestock. An inspector must be given access to all necessary documentation and be paid the applicable fees for the inspection. Inspectors must be given free access to livestock to conduct inspection.

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Post-Secondary Learning Amendment Act, 2006 Bill 40 Amends: Post-secondary Learning Act, R.S.A. 2000, c. P-19.5 Summary: Repeals the formula for calculating the maximum amount post-secondary institutions may increase their tuition in a given year.

Regulation making powers are revised.

In force: On proclamation Appropriation Act, 2006 Bill 42

Assembly, equipment and inventory purchases, capital Investment, non-budgetary disbursements and lottery fund payments for the fiscal year ending March 31, 2007.

In force: May 24, 2006 Miscellaneous Statutes Amendment Act, 2006 Bill 43 Amends: Administrative Penalties and Related Matters Statutes Amendment Act, S.A. 2002, c. 4, Canadian Airlines Corporation Act, R.S.A. 2000, c. C-1, Partnership Act, R.S.A. 2000, c. P-3 Summary: Minor amendments to various Acts.

There are no substantial amendments to any of the Acts. Of note is the addition of a requirement for declarants under the Partnership Act to notify the Registrar of new residential addresses.

In force: May 24, 2006

Railway (Alberta) (Heritage Railway) Amendment Act, 2006 Bill 203 Amends: The Railway (Alberta) Act, R.S.A. 2000, c. R-4 Summary: Definition of “heritage railway” is created, referring to railways wholly or in part within the confines of an historical park or site, is comprised of rolling stock and structural facilities manufactured in 1965 or earlier, travels no more than 240 km per day at speeds not in excess of 30 km per hour.

In force: On proclamation

LEGISLATIVE REVIEW COMMITTEE E. Mirth, Q.C. – Chairman C. R. Head – Secretary Bill Ranson – Calgary Chairman E. Mirth, Q.C. – Legislative Officer With Thanks to Robert Sera and Jeremy Taitinger

E. (Sonny) Mirth, Q.C.

Inspectors may issue permits in accordance with regulations. Procedures relating to the sale of detained livestock are established.

Licences are required to deal in livestock. The procedures for obtaining or renewing a licence are established, along with the related appeal procedures to challenge the denial of a licence. Livestock dealers must provide security in accordance with the regulations for non-payment upon sale of livestock. Procedures for claiming against the dealer’s security are established.

The powers and procedures of the Livestock Assurance Funds Tribunal are established.

Penalties of $5,000 to $20,000 are established for various offences under the Act. Prosecutions must be brought within 2 years of the offence being committed.

Various consequential amendments.

In force: On proclamation

EDMONTON COMMITTEE W. Benjamin Russell Grant Dunlop Gordon D. Sustrik Richard T. Reeson, Q.C. Rob M. Curtis, Q.C. C. R. Head Debbie A. Yungwirth Kismet Fung Paul Moreau Sandra Peterson

The Legislative Review Committee is a joint committee of the Law Society of Alberta and the Canadian Bar Association Alberta. It has subcommittees in both Edmonton and Calgary and has filled a role in the legislative review process in Alberta for over 30 years. The Committee reviews all bills introduced in the Alberta Legislature and provides comments and assistance to both Government and the Bar on drafting and operative aspects of legislation and amending legislation. The Committee is often called upon confidentially to give legal practitioners’ input on draft legislation and regulations. It played significant roles in the shaping of the Personal Property Security Act, the Civil Enforcement Act, the Builders’ Lien Act and other Alberta statutes. Its chairperson sits as a member of various stakeholder committees consulted by Government, including the Registry Liaison Committee, which have helped shape statute law.

The Committee draws upon practitioners with a wide range of practical experience, some of whom have served for many years. It also, through its Legislative Liaison Officer, facilitates input by CBA sections, the Law Society, and business and community groups on the policy of legislation. At the end of each legislative session the Committee publishes and circulates to Bench and Bar a short summary of all legislation passed during the session. E.M.

Bill Ranson

Summary: Allocation of funds from the General Revenue Fund for expenses of the Legislative

CALGARY COMMITTEE Bill Ranson - Chair Cliff Shaw, Q.C. Martin Kay, Q.C. Bernie Roth Stacy Petriuk Al Lucas Joy Stuber Sandy Hildebrand Chris Manderville Kathleen Rockwell Jordan McJanet

EX OFFICIO: Jack Dunphy, Q.C. H.A. Robertson, Q.C.