27th Legislature Third Session Fourth Spring 2010 2011
LEGISLATIVE REVIEW SUMMARY Spring 2011 - 27th Legislature - 4th Session Highlights The 2011 spring session of the Legislature resulted in the passing of 19 government bills (including three appropriation bills). Pipeline Act, R.S.A. 2000, c. P-15 Protection Against Family Violence Act, R.S.A. 2000, c. P-27 Provincial Court Act, R.S.A. 2000, c. P-31 Public Trustee Act, S.A. 2004, c. P-44.1 Residential Tenancies Act, S.A. 2004, c. R-17.1 Rules of Court Statutes Amendment Act, S.A. 2009, c. 53 Securities Act, R.S.A. 2000, c. S-4 Surface Rights Act, R.S.A. 2000, c. S-24 Survival of Actions Act, R.S.A. 2000. c. S-27 The Alberta Land Stewardship Act, S.A. 2009, c. A-26.8 The Corrections Act, R.S.A. 2000, c. C-29 The Victims of Crime Act, R.S.A. 2000, c. V-3 Weed Control Act, S.A. 2008, c.W-5.1 Wildlife Act, R.S.A. 2000, c. W-10 Wills and Succession Act, S.A. 2010, c. W-12.2 Workers Compensation Act, R.S.A. 2000, c.W-15
Bills passed were:
Asia Advisory Council Act, S.A. 2011, c.A-44.5 Protection Against Family Violence Amendment Act, S.A. 2011, c. 4 Engineering, Geological and Geophysical Professions Amendment Act, S.A. 2011, c. 3 Securities Amendment Act, S.A. 2011, c. 7 Notice to the Attorney General Act, S.A. 2011, c.N-6.5 Rules of Court Statutes Amendment Act, S.A. 2011, c. 14 Corrections Amendment Act, S.A. 2011, c. 10 Missing Persons Act, S.A. 2011, c. M-18.5 Appropriation (Supplementary Supply) Act, S.A. 2011, c. 1 Alberta Land Stewardship Amendment Act, S.A. 2011, c. 9 Livestock Industry Diversification Amendment Act, S.A. 2011, c. 12 Alberta Investment Management Corporation Amendment Act, S.A. 2011, c. 8 Appropriation (Interim Supply) Act, S.A. 2011, c. 2 Wills and Succession Amendment Act, S.A. 2011, c. 16 Victims of Crime Amendment Act, S.A. 2011, c.15 Energy Statutes Amendment Act, S.A. 2011, c. 11 Appropriation Act, S.A. 2011, c. 5 Miscellaneous Statutes Amendment Act, S.A. 2011, c. 13 Workers Compensation Amendment Act, S.A. 2011, c.17
Detailed Listing Of Bills
Asia Advisory Council Act, S.A. 2011, c.A-44.5 Bill 1 Summary: The Asia Advisory Council Act was enacted to support the flow of investment, trade and people between Alberta and Asian markets (particularly China, Japan, Korea and India). In particular, it permits the Lieutenant Governor to appoint a committee of up to ten individuals to serve on the Asia Advisory Council. The Council’s mandate is to advise the Minister on a broad range of issues including investment, infrastructure, tourism and governmental relationships insofar as they relate to Asian markets.
Bill 18, Education Act, was given first and second reading, and was adjourned on April 28, 2011 before debate on second reading, to the fall session of the Legislature.
Amended Legislation
In Force: May 13, 2011
Administration of Estates Act, R.S.A. 2000, c.A-2 Administrative Procedures and Jurisdiction Act, R.S.A. 2000, c. A-3 Agricultural Operation Practices Act, R.S.A. 2000, c. A-7 Agricultural Pests Act, R.S.A. 2000, c. A-8 Agriculture Financial Services Act, R.S.A. 2000, c. A-12 Alberta Investment Management Corporation Act, S.A. 2007, c. A-26.5 Alberta Public Agencies Governance Act, S.A. 2009, c. A-31.5 Alberta Utilities Commission Act, S.A. 2007 c. A-37.2 Builders’ Lien Act, R.S.A. 2000, c. B-7 Business Corporations Act, R.S.A. 2000, c. B-9 Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 Civil Enforcement Act, R.S.A. 2000, c. C-15 Coal Conservation Act, R.S.A. 2000, c. C-17 Cooperatives Act, S.A. 2001, c.C-28.1 Election Act, R.S.A. 2000, c.E-1 Electric Utilities Act, S.A. 2003, c. E-5.1 Emergency Management Act, R.S.A. 2000, c. E-6.8 Employment Standards Code, R.S.A. 2000, c. E-9 Engineering, Geological and Geophysical Professions Act, R.S.A. 2000, c. E-11 Expropriation Act, R.S.A. 2000, c. E-13 Family Law Act, S.A. 2003, c. F-4.5 Family Support for Children with Disabilities Act, S.A. 2003, c. F.3 Fatal Accidents Act, R.S.A. 2000, c. F-8 Fisheries (Alberta) Amendment Act, S.A. 2002, c. 14 Gas Utilities Act, R.S.A. 2000, c. G-5 Health Professions Amendment Act, S.A. 2008, c. 34 Irrigation Districts Act, R.S.A. 2000, c. I-11 Judicature Act, R.S.A. 2000, c. J-2 Jury Act, R.S.A. 2000, c. J-3 Labour Relations Code, R.S.A. 2000, c. L-1 Land Titles Act, R.S.A. 2000, c. L-4 Law of Property Act, R.S.A. 2000, c. L-7 Legal Profession Act, R.S.A. 2000, c. L-8 Limitations Act, R.S.A. 2000, c. L-12 Line Fence Act, R.S.A. 2000, c. L-13 Livestock Industry Diversification Act, R.S.A. 2000, c. L-17 Local Authorities Election Act, R.S.A. 2000, c. L-21 Maintenance Enforcement Act, R.S.A. 2000, cM-1 Minors’ Property Act, S.A. 2004, c. M-18.1 Mobile Home Sites Tenancies Act, R.S.A. 2000, c. M-20 Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22 Oil and Gas Conservation Act, R.S.A. 2000, c. O-6 Oil Sands Conservation Act, R.S.A. 2000, c. O-7 Partnership Act, R.S.A. 2000, c. P-3
Expiry: The Act expires on December 31, 2014 unless continued for a further period by an order of the Lieutenant Governor in Council. Protection Against Family Violence Amendment Act, S.A. 2011, c. 4 Bill 2 Amends: Protection Against Family Violence Act, R.S.A. 2000, c. P-27 Summary: The Protection Against Family Violence Amendment Act sets out specific consequences for offenders under the Act by adding an offence section with liability thresholds for breaches of protection orders. In Force: On Proclamation. Engineering, Geological and Geophysical Professions Amendment Act, S.A. 2011, c. 3 Bill 3 Amends: Engineering, Geological and Geophysical Professions Amendment Act, R.S.A. 2000, c. E-11 Summary: The Engineering, Geological and Geophysical Professions Amendment Act consolidates terms that refer to the practices of geology and geophysics into the single term “Geoscience”. In Force: On Proclamation. Securities Amendment Act, S.A. 2011, c. 7 Bill 4 Amends: Securities Act, R.S.A. 2000, c. S-4 Summary: The Securities Amendment Act is intended to further the harmonization of Alberta’s securities regulation laws with those of other Canadian provinces. In particular, this amendment seeks to further implement certain aspects of the “passport system” agreed upon by the Federal and provincial governments (except Ontario) in a 2004 memorandum of understanding. Provisions of particular interest include the establishment of a regulatory framework for credit rating agencies and the ability of the Alberta 2
Securities Commission to impose sanctions for late filing of disclosure. The Act excludes certain decisions of the Alberta Securities Commission from appeals to the Court of Appeal. It also adds new definitions.
In Force: On Proclamation. Missing Persons Act, S.A. 2011, c. M-18.5 Bill 8
In Force: April 29, 2011, excepting ss. 2(a), 6, 11 and 13, which will come into force on Proclamation.
Summary: The Missing Persons Act allows police agencies in Alberta to access the personal information required to find missing persons in cases where the police have no reason to suspect that a crime has been committed. Applications without notice may be made to a justice of the peace for an order for access. In emergency situations, personal information may be obtained by serving a written demand on anyone. This Act purports to protect the information collected if the former missing person does not want to be contacted once found. Information collected under this Act is confidential and can only be used and disclosed in situations cited in the legislation. The Missing Persons Act does not compel the disclosure of any information which would otherwise be privileged.
Notice to the Attorney General Act, S.A. 2011, c. N-6.5 Bill 5 Amends: Judicature Act, R.S.A. 2000, c. J-2. Administrative Procedures and Jurisdiction Act, R.S.A. 2000, c. A-3 Summary: The Notice to the Attorney General Act is intended to consolidate provisions regarding constitutional notice to the attorney general that are contained in the two acts noted above. In particular, there are enhanced notice requirements with respect to actions that engage the government’s duty to consult with aboriginals and those that challenge the constitutionality of a provincial law.
In Force: On Proclamation. Appropriation (Supplementary Supply) Act, S.A. 2011, c. 1 Bill 9
In Force: On Proclamation. Rules of Court Statutes Amendment Act, S.A. 2011, c. 14 Bill 6
Summary: The Appropriation (Supplementary Supply) Act was passed for amounts required to defray certain charges and expenses of the Legislative Assembly and the Public Service of Alberta which charges and expenses are not otherwise provided for during the fiscal year which ended on March 31, 2011.
Amends: • Administration of Estates Act, R.S.A. 2000, c.A-2 • Builders’ Lien Act, R.S.A. 2000, c. B-7 • Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 • Civil Enforcement Act, R.S.A. 2000, c. C-15 • Cooperatives Act, S.A. 2001, c.C-28.1 • Election Act, R.S.A. 2000, c.E-1 • Engineering, Geological and Geophysical Professions Act, R.S.A. 2000, c. E-11 • Expropriation Act, R.S.A. 2000, c. E-13 • Family Law Act, S.A. 2003, c. F-4.5 • Fatal Accidents Act, R.S.A. 2000, c. F-8 • Health Professions Amendment Act, S.A. 2008, c. 34 • Irrigation Districts Act, R.S.A. 2000, c. I-11 • Jury Act, R.S.A. 2000, c. J-3 • Land Titles Act, R.S.A. 2000, c. L-4 • Legal Profession Act, R.S.A. 2000, c. L-8 • Limitations Act, R.S.A. 2000, c. L-12 • Local Authorities Election Act, R.S.A. 2000, c. L-21 • Maintenance Enforcement Act, R.S.A. 2000, c. M-1 • Minors’ Property Act, S.A. 2004, c. M-18.1 • Mobile Home Sites Tenancies Act, R.S.A. 2000, c. M-20 • Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22 • Partnership Act, R.S.A. 2000, c. P-3 • Provincial Court Act, R.S.A. 2000, c. P-31 • Public Trustee Act, S.A. 2004, c. P-44.1 • Residential Tenancies Act, S.A. 2004, c. R-17.1 • Rules of Court Statutes Amendment Act, S.A. 2009, c. 53 • Surface Rights Act, R.S.A. 2000, c. S-24 • Survival of Actions Act, R.S.A. 2000, c. S-27 • Weed Control Act, S.A. 2008, c.W-5.1
In Force: March 14, 2011. Alberta Land Stewardship Amendment Act, S.A. 2011, c. 9 Bill 10 Amends: The Alberta Land Stewardship Act, S.A. 2009, c. A-26.8 Summary: Under the Alberta Land Stewardship Amendment Act, the definition of statutory consent specifically excludes land titles or freehold mineral rights. The Alberta Land Stewardship Amendment Act enhances the rights of a statutory consent holder. If consent is amended or rescinded as the result of a regional plan, the government must notify and advise of any rights to compensation and how compensation is determined. The Alberta Land Stewardship Amendment Act also specifically states that nothing in the Act should be interpreted as limiting existing rights to compensation under any other Alberta law. This Act makes public consultation and presentation to the Legislative Assembly a requirement in drafting or amending a regional plan. Any title holder who is affected by a regional plan may apply to the minister for a variance. A person who is directly and adversely affected by a regional plan or an amendment may apply within 12 months. A regional plan cannot affect, amend or rescind municipal development permits or approvals if work is completed or under way. In Force: May 13, 2011. Livestock Industry Diversification Amendment Act, S.A. 2011, c. 12 Bill 11
Summary: The Rules of Court Statutes Amendment Act amends the language in 29 statutes to make them consistent with the language and updated procedures of the new Rules of Court.
Amends: • Agricultural Operation Practices Act, R.S.A. 2000, c. A-7 • Agricultural Pests Act, R.S.A. 2000, c. A-8 • Agriculture Financial Services Act, R.S.A. 2000, c. A-12 • Employment Standards Code, R.S.A. 2000, c. E-9 • Fisheries (Alberta) Amendment Act, S.A. 2002, c. 14 • Labour Relations Code, R.S.A. 2000, c. L-1 • Law of Property Act, R.S.A. 2000, c. L-7 • Line Fence Act, R.S.A. 2000, c. L-13 • Livestock Industry Diversification Act, R.S.A. 2000, c. L-17 • Wildlife Act, R.S.A. 2000, c. W-10
In Force: On Proclamation. Corrections Amendment Act, S.A. 2011, c. 10 Bill 7 Amends: The Corrections Act, R.S.A. 2000, c. C-29 Summary: The Corrections Amendment Act permits the disclosure of health information of inmates in correctional institutions (without the consent of the inmate) to the institution for specific purposes. The Corrections Amendment Act also places the power to establish a classification process directly in the hands of the director of each correctional institution as opposed to establishing a committee. The Corrections Amendment Act makes witnesses compellable as to the production of documents, records and things before a Board of inquiry.
Summary: The Livestock Industry Diversification Amendment Act clarifies the definition of hunting as it relates to strays and concerns over hunt farms, which are prohibited in Alberta. The Minister may issue an actual permit. In the alternative, the Minister may by way of regulation permit a prescribed activity which permission would override the hunting ban. 3
Alberta Investment Management Corporation Amendment Act, 2011, S.A. 2011, c. 8 Bill 12 Amends: • Alberta Investment Management Corporation Act, S.A. 2007, c. A-26.5 • Alberta Public Agencies Governance Act, S.A. 2009, c. A-31.5 Summary: The Alberta Investment Management Corporation Amendment Act clarifies the goal of the Alberta Investment Management Corporation as one of acting in the best interests of designated entities. The Act enhances the Corporation’s powers of indemnification for employees and directors. In addition, the Act clarifies the duties of the Corporation’s directors and incorporates certain disclosure requirements contained in the Business Corporations Act (Alberta). In Force: May 13, 2011. Appropriation (Interim Supply) Act, S.A. 2011, c. 2 Bill 13 Summary: The Appropriation (Interim Supply) Act was passed for amounts required to defray certain charges and expenses of the Legislative Assembly and the Public Service of Alberta which charges and expenses are not otherwise provided for during the current fiscal year ending on March 31, 2012. In Force: March 18, 2011 Wills and Succession Amendment Act, S.A. 2011, c. 16 Bill 14 Amends: Wills and Succession Act, S.A. 2010, c. W-12.2 Summary: The Wills and Succession Amendment Act amends the Wills and Succession Act, which was passed in the Fall of 2010. The Wills and Succession Act allows Courts to correct certain deficiencies in invalid wills to make them valid. This amendment corrects an issue in the original Wills and Succession Act which appeared to allow correction powers to apply to wills of people who are already deceased. The Act makes it clear that the correction powers will not apply to the estates of people who are already deceased. In Force: May 13, 2011 Victims of Crime Amendment Act, S.A. 2011, c.15 Bill 15 Amends: The Victims of Crime Act, R.S.A. 2000, c. V-3 Summary: The Victims of Crime Amendment Act clarifies the process for applying for financial benefits arising from injury and death. It sets out detailed procedures for reviewing decisions and removes some powers of review boards. For instance, Review Boards may only review the evidence before the Director in the first instance. They must send applications back to the Director whenever new evidence or information is uncovered. The Amendment Act introduces a 10 - year limitation period on applications, bringing it in line with the ultimate limitation period under the Limitations Act. For child victims the 10-year period would start when they reach the age of majority. In Force: On Proclamation.
Amends: • Alberta Utilities Commission Act, S.A. 2007, c. A-37.2 • Coal Conservation Act, R.S.A. 2000, c. C-17 • Electric Utilities Act, S.A. 2003, c. E-5.1 • Gas Utilities Act, R.S.A. 2000, c. G-5 • Oil and Gas Conservation Act, R.S.A. 2000, c. O-6 • Oil Sands Conservation Act, R.S.A. 2000, c. O-7 • Pipeline Act, R.S.A. 2000, c. P-15 Summary: The Energy Statutes Amendment Act is an omnibus bill that addresses governance issues in each of the amended acts. The principal purpose of this Act is to support the mandates of the Alberta Utilities Commission (“the AUC”) and the Energy Resources Conservation Board (“the ERCB”). The AUC regulates the utilities sector, natural gas, and electricity markets to protect the social, economic, and environmental interests of Alberta. The ERCB is an independent agency that regulates the safe, responsible, and efficient development of Alberta’s energy resources. Amendments will update existing legislation to authorize the regulation of extraction of coal through in situ gasification or liquefaction. Further amendments will remove duplication in approval requirements for the use of large amounts of energy for industrial and manufacturing operations and will enable the ERCB to make regulations and to approve amendments to coal permits in line with other industries that the ERCB regulates. Other amendments support the effective functioning of the electricity market in ensuring service quality to utility consumers. In Force: May 13, 2011. Appropriation Act, S.A. 2011, c. 5 Bill 17 Summary: The Appropriation Act was passed for amounts required to defray certain charges and expenses of the Legislative Assembly and the Public Service of Alberta during the current fiscal year ending on March 31, 2012. Such charges and expenses include expense and capital investment purchases, capital investments, non-budgetary disbursements, lottery fund and other transfers.
Legislative Review Committee Kevin P. Feehan, Q.C. – Legislative Officer C. R. Head – Secretary
Kevin P. Feehan Q.C. - Chair
In Force: On Proclamation.
Energy Statutes Amendment Act, S.A. 2011, c.11 Bill 16
Edmonton Committee Christopher R. Head Karen Hewitt Jason Banack Rob M. Curtis, Q.C. Debbie A. Yungwirth Melissa Timbres Grant Dunlop Anne Kaplan Art Wilson, Q.C. Darin Hannaford Peter Michalyshyn, Q.C. Omolara Oladipo Frank Friesacher Andrew McLaughlin Nate Whitling Wendy Thiessen Lillian H. Yeung
In Force: March 14, 2011. Miscellaneous Statutes Amendment Act, S.A. 2011, c.13 Bill 18 Amends: • Business Corporations Act, R.S.A. 2000, c. B-9 • Cooperatives Act, S.A. 2001, c. C-28.1 • Emergency Management Act, R.S.A. 2000, c. E-6.8 • Family Support for Children with Disabilities Act, S.A. 2003, c. F.3 • Land Titles Act, R.S.A. 2000, c. L-4 • Mobile Homes Sites Tenancies Act, R.S.A. 2000, c. M-20 Summary: The Miscellaneous Statutes Amendment Act reflects provisions that are straightforward and non-contentious in nature. It was described as a housekeeping bill that passed all three readings in the legislature with no debate. In Force: May 13, 2011 Workers Compensation Amendment Act, S.A. 2011, c.17 Bill 19 Amends: Workers Compensation Act, R.S.A. 2000, c.W-15 Summary: The Workers’ Compensation Amendment Act allows volunteer and casual firefighters, categorized as part-time firefighters, to access compensation for a list of presumptive cancers without shouldering the burden of proof. These same benefits currently extend to Alberta’s full-time firefighters. In Force: May 13, 2011
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Bill Ranson, Q.C. - Chair
The Amendment Act makes it clear that an operator of a domestic livestock farm would not receive compensation if someone shoots their strays. The Amendment Act qualifies the previously absolute protection afforded to the Crown, the Minister, the Director or an inspector against any claims for compensation for the acts or omissions of such entities.
Calgary Committee Marty Kay, Q.C. Cliff Shaw, Q.C. Bernie Roth Stacy Petriuk Al Lucas, Q.C. Cynthia Martens Kathleen Rockwell Jordan Deering Jeff Thom, Q.C. Colin Feasby Robert Harvie Toby Eines Dennis McDermott, Q.C.