Legislative Summary | Fall 2002

The Canadian Bar Association Alberta Branch

The Law Society of Alberta

Alberta Legislative Summary 25TH LEGISLATURE - SECOND SESSION

FALL 2002 Cooperative Associations Act, R.S.A. 2000, c.C-28 - Adult Interdependent Relationships Act, 2002, Bill 30-2 Cooperatives Act, R.S.A. 2000, c.C-28.1 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Credit Union Act, R.S.A. 2000, c.C-32 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Dairy Industry Omnibus Act, R.S.A. 2000, c.D-11 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Dangerous Goods Transportation and Handling Act, R.S.A. 2000, c.D-4 - See Security Management Statutes Amendment Act, 2002, Bill 31 Dental Disciplines Act, R.S.A. 2000, c.D-8 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Dependant Adults Act, R.S.A. 2000, c.D-11 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Disaster Services Act, R.S.A. 2000, c.D-13 - See Security Management Statutes Amendment Act, 2002, Bill 31 Domestic Relations Act, R.S.A. 2000, c.D-14 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Election Act, R.S.A. 2000, c.E-1 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Electric Utilities Act, R.S.A. 2000, c.E-5 - See Security Management Statutes Amendment Act, 2002, Bill 31 Employment Pension Plan Act, R.S.A. 2000, E-8 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Expropriation Act, R.S.A. 2000, c.E-13 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Fair Trading Act, R.S.A. 2000, c.F-2 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Family Relief Act, R.S.A. 2000, c.F-5 (now called the Dependants Relief Act, R.S.A. 2000, c.D-10.5)- See Adult Interdependent Relationships Act, 2002, Bill 30-2 Fatal Accidents Act, R.S.A. 2000, c.F-8 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Fatality Inquiries Act, R.S.A. 2000, c.F-9 - Adult Interdependent Relationships Act, 2002, Bill 30-2 Fisheries (Alberta) Act, R.S.A. 2000, c.F-2 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Forests Act, R.S.A. 2000, c.F-22 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c.F-25 - See Security Management Statutes Amendment Act, 2002, Bill 31 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Gaming and Liquor Act, R.S.A. 2000, c.G-1 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Government Organization Act, R.S.A. 2000, c.G-10 - See Security Management Statutes Amendment Act, 2002, Bill 31 Health Information Act, R.S.A. 2000, c.H-5 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Health Insurance Premiums Act, R.S.A. 2000, c.H-6 - See Adult Interdependent Relationships Act, 2002, Bill 30-2

HIGHLIGHTS The highlight of the Fall Sittings, 2002, undoubtedly was Bill 30-2, the Adult Interdependent Relationships Act. This Bill provides the framework for incorporation into 69 statutes (to date), and ultimately into other statutes as well, of a new concept: adult interdependent partnerships. The Bill responds to a string of Charter cases that appeared (at least until the Supreme Court’s matrimonial property decision in December in Walsh) to mandate statutory equivalency between married couples and common-law couples (both heterosexual and same-sex). The Bill will in time have a major impact on our law.

AMENDED LEGISLATION Administration of Estates Act, R.S.A. 2000, c.A-2 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Alberta Corporate Tax Act, R.S.A. 2000, c.A-15 - See Alberta Corporate Tax Amendment Act, 2002, Bill 25 Alberta Energy and Utilities Board Act, R.S.A. 2000, c.A17 - See Security Management Statutes Amendment Act, 2002, Bill 31 Alberta Evidence Act, R.S.A. 2000, c.A-18 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Alberta Health Care Insurance Act, R.S.A. 2000, c.A-20 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Alberta Heritage Foundation for Medical Research Act, R.S.A. 2000, c.A-21 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Alberta Official Song Act, R.S.A. 2000, c.A-27.5 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Alberta Personal Income Tax Act, R.S.A. 2000, c.A-30 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Alberta Treasury Branches Act, R.S.A. 2000, c.A-37 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Assured Income for the Severely Handicapped Act, R.S.A. 2000, c.A-45 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Assured Income for the Severely Handicapped Amendment Act, R.S.A. 2000, c.6(supp) - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Builders’ Lien Act, R.S.A. 2000, c.B-7 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Business Corporations Act, R.S.A. 2000, B-9 - Adult Interdependent Relationships Act, 2002, Bill 30-2 Change of Name Act, R.S.A. 2000m c.C-7 - See Security Management Statutes Amendment Act, 2002, Bill 31 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Charitable Fundraising Act, R.S.A. 2000, c.C-9 - See Security Management Statutes Amendment Act, 2002, Bill 31 Civil Enforcement Act, R.S.A. 2000, c.C-15 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Companies Act, R.S.A. 2000, c.C-21 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Condominium Property Act, R.S.A. 2000, c.C-22 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Conflicts of Interest Act, R.S.A. 2000, c.C-23 - See Adult Interdependent Relationships Act, 2002, Bill 30-2

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Relationships Act, 2002, Bill 30-2 Powers of Attorney Act, R.S.A. 2000, c.P-20 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Protection Against Family Violence Act, R.S.A. 2000, c.P-27 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Protection for Persons in Care Act, R.S.A. 2000, c.P-29 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Provincial Court Act, R.S.A. 2000, c.P-31 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Provincial Parks Act, R.S.A. 2000, c.P-35 - See Security Management Statutes Amendment Act, 2002, Bill 31 Public Health Act, R.S.A. 2000, c.P-37 - See Security Management Statutes Amendment Act, 2002, Bill 31 Public Highways Development Act, R.S.A. 2000, c.P-38 - See Security Management Statutes Amendment Act, 2002, Bill 31 Public Lands Act, R.S.A. 2000, c.P-40 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Public Trustee Act, R.S.A. 2000, c.P-44 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Queen’s Counsel Act, R.S.A. 2000, c.Q-1 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Railway (Alberta) Act, R.S.A. 2000, c.R-4 - See Security Management Statutes Amendment Act, 2002, Bill 31 and Miscellaneous Statutes Amendment Act, 2002, Bill 38 Reciprocal Enforcement of Judgments Act, R.S.A. 2000, c.R-6 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Safety Codes Act, R.S.A. 2000, c.S-1 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 School Act, R.S.A. 2000, c.S-3 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 and Adult Interdependent Relationships Act, 2002, Bill 30-2 School Trustee Statutes Amendment Act, R.S.A. 2000, c.S-23 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Securities Act, R.S.A. 2000, c.S-4 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Seniors Advisory Council for Alberta Act, R.S.A. 2000, c.S-6 - See Seniors Advisory Council for Alberta Amendment Act, 2002, Bill 34 Social Care Facilities Licensing Act, R.S.A. 2000, c.S-10 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Social Care Facilities Review Committee Act, R.S.A. 2000, c.S-11 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Social Development Act, R.S.A. 2000, c.S-12 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Teachers’ Pensions Plan Act, R.S.A. 2000, c.T-1 - See Teachers’ Pensions Plan Amendment Act, 2002, Bill 35 Tort-feasors Act, R.S.A. 2000, c.T-5 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Traffic Safety Act, R.S.A. 2000, c.T-6 - See Security Management Statutes Amendment Act, 2002, Bill 31 and Miscellaneous Statutes Amendment Act, 2002, Bill 38 Traffic Safety Amendment Act, R.S.A. 2000, c.T-14 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Victims of Crime Act, R.S.A. 2000, c.V-3 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Vital Statistics Act, R.S.A. 2000, c.V-4 - See Security Management Statutes Amendment Act, 2002, Bill 31 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Wilderness Areas, Ecological Reserves and Natural Areas Act, R.S.A. 2000, c.W9 - See Security Management Statutes Amendment Act, 2002, Bill 31 and Miscellaneous Statutes Amendment Act, 2002, Bill 38 Wills Act, R.S.A. 2000, c.W-12 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Wildlife Act, R.S.A. 2000, c.W-10 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Workers’ Compensation Act, R.S.A. 2000, c.W-15 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Young Offenders Act, R.S.A. 2000, c.Y-1 - See Adult Interdependent Relationships Act, 2002, Bill 30-2

Health Professions Act, R.S.A. 2000, c.H-7 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Highway Traffic Act, R.S.A. 2000, c.H-8 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Hospitals Act, R.S.A. 2000, c.H-12 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c.H-14 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Human Tissue Gift Act, R.S.A. 2000, c.H-15 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Human Tissue Donation Procedures Statutes Amendment Act, R.S.A. 2000, c15(supp) - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Income Support Recovery Act, R.S.A. 2000, c.I-1 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Insurance Act, R.S.A. 2000, c.I-3 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Interpretation Act, R.S.A. 2000, c.I-8 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Intestate Succession Act, R.S.A. 2000, c.I-10 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Irrigation Districts Act, R.S.A. 2000, c.I-11 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Judicature Act, R.S.A. 2000, c.J-2 - See Security Management Statutes Amendment Act, 2002, Bill 31 Justice Statutes Amendment Act, R.S.A. 2000, c.J-16 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Land Titles Act, R.S.A. 2000, c.L-4 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Law of Property Act, R.S.A. 2000, c.L-7 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Legal Profession Act, R.S.A. 2000, c.L-8 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Legislative Assembly Act, R.S.A. 2000, c.L-9 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Livestock Industry Diversification Act, R.S.A. 2000, c.L-17 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Loan and Trust Corporations Act, R.S.A. 2000, c.L-20 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Local Authorities Election Act, R.S.A. 2000, c.L-21 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Maintenance Enforcement Act, R.S.A. 2000, c.M-1 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Matrimonial Property Act, R.S.A. 2000, c.M-8 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Members of the Legislative Assembly Pension Plan, R.S.A. 2000, c.M-12 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Mental Health Act, R.S.A. 2000, c.M-13 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Metis Settlements Act, R.S.A. 2000, c.M-14 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Minors’ Property Act, R.S.A. 2000, c.M-18 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Motor Vehicle Administration Act, R.S.A. 2000, c.M-23 - See Security Management Statutes Amendment Act, 2002, Bill 31 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Municipal Government Act, R.S.A. 2000, c.M-26 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 and Adult Interdependent Relationships Act, 2002, Bill 30-2 Occupational Health and Safety Act, R.S.A. 2000, c.O-2 - See Occupational Health and Safety Amendment Act, 2002, Bill 37 Off-Highway Vehicle Act, R.S.A. 2000, c.O-5 - See Miscellaneous Statutes Amendment Act, 2002, Bill 38 Partnership Act, R.S.A. 2000, c.P-3 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Perpetuities Act, R.S.A. 2000, c.P-5 - See Adult Interdependent Relationships Act, 2002, Bill 30-2 Personal Directives Act, R.S.A. 2000, c.P-6- See Adult Interdependent

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other if both are adults and they enter into an adult interdependent partner agreement pursuant to the Act. A person cannot at any one time have more than one adult interdependent partner and a married person cannot become an adult interdependent partner while living with his or her spouse. A Arelationship of interdependence@ is defined as a relationship outside of marriage in which any two persons share one another’s lives, are emotionally committed to each other, and function as an economic and domestic unit. A relationship of interdependence does not exist where one of the persons provides the other with domestic support or personal care for a fee or other consideration or on behalf of another person or organization, including a government. ASpouse@ is defined as a husband or wife of a married person. The Act requires that all of the circumstances of the relationship must be taken into account in determining whether 2 persons function as an economic and domestic unit, and then provides a list that may be relevant in determining the same. The Act applies to all adult interdependent relationships arising before or after the Act comes into force. The requirements for and validity of an adult interdependent partner agreement are set out. If an adult interdependent partner agreement is entered into where one of the parties was prohibited by the Act, or if a party is induced to enter into such an agreement, the other party is liable for pecuniary and nonpecuniary loss and damages as a result of the invalid agreement. An adult interdependent relation is ended on the earlier occurrence of the execution of a written agreement evidencing the parties intend to live separate and apart without the possibility of reconciliation, the parties live separate and apart for more than one year and at least on of the parties intend the relationship to not continue, either party marries (including each other), or one of the parties enters into another adult interdependent agreement with a third party. The Partnership Act does not apply to an adult interdependent relationship. The Act requires numerous consequential amendments which need to be carefully reviewed in connection with the above listed Acts.

In force: Comes into force on Proclamation, with exceptions (see section 81(1) of the Bill).

Security Management Statutes Amendment Act, 2002 Bill 31 Amended:Alberta Energy and Utilities Board Act, R.S.A. 2000, c.A17; Change of Name Act, R.S.A. 2000m c.C-7. Change of Name Act, R.S.A. 2000m c.C-7; Charitable Fundraising Act, R.S.A. 2000, c.C-9; Dangerous Goods Transportation and Handling Act, R.S.A. 2000, c.D-4; Disaster Services Act, R.S.A. 2000, c.D-13; Electric Utilities Act, R.S.A. 2000, c.E-5; Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c.F-25; Government Organization Act, R.S.A. 2000, c.G-10; Judicature Act, R.S.A. 2000, c.J-2; Motor Vehicle Administration Act, R.S.A. 2000, c.M-23; Provincial Parks Act, R.S.A. 2000, c.P-35; Public Health Act, R.S.A. 2000, c.P-37; Public Highways Development Act, R.S.A. 2000, c.P-38; Railway (Alberta) Act, R.S.A. 2000, c.R-4; Traffic Safety Act, R.S.A. 2000, c.T-6; Vital Statistics Act, R.S.A. 2000, c.V-4; Wilderness Areas, Ecological Reserves and Natural Areas Act, R.S.A. 2000, c.W-9 Repealed: None Summary:The above listed Acts are amended allowing regulations or orders to be made which address terrorist activity, security issues, the disclosure of confidential information, or the confirmation of identity. Further, the Change of Name Act amended to allow the Director to require a criminal record check to be provided along with the application. The penalty for obtaining a change of name through a fraud or through misrepresentation is increased from a maximum of $500 to $50,000. The Charitable Fund Raising Act is amended so the Minister may refuse to register or renew the registration of a charitable organization where the organization or any of its principals, directors or managers have been named in a certificate signed under the Charities Registration (Security Information) Act (Canada). The definition of Weapon is broadened in the Judicature Act, and a security officer may screen for weapons prior to entrance being granted to a courthouse or courtroom. A new definition is inserted into the Public Health Act respecting “public health emergency” and the Minister may make orders or the regulations applicable to any particular disease. Requirements regarding the notification and disclosure of epidemics, health threats is amended and the Lieutenant Governor in Council is may make orders declaring a state of public health emergency. The Minister may order closed, or prohibit or restrict access to a highway or portion of a highway for security reasons, regardless of which highway authority has control or management of the highway. A person who knowingly provide false or misleading information to the Director, is liable of a maximum fine of $50,000, under the Vital Statistics Act. In force: Comes into force on various dates

REPEALED LEGISLATION While it was not repealed, it is important to note that as a result of the Adult Interdependent Relationships Act, 2002, Bill 30-2; the Family Relief Act, R.S.A. 2000, c.F-5 will be called the Dependants Relief Act, R.S.A. 2000, c.D-10.5.

DETAILED LISTING OF BILLS Alberta Corporate Tax Amendment Act, 2002 Bill 25 Amended:Alberta Corporate Tax Act, R.S.A. 2000, c.A-15 Repealed: None Summary:There are numerous amendments to the Alberta Corporate Tax Act and this Bill should be reviewed when dealing with the Act. In force: December 4, 2002 Adult Interdependent Relations Act, 2002 Bill 30-2 Amended:Administration of Estates Act, R.S.A. 2000, c.A-2; Alberta Evidence Act, R.S.A. 2000, c.A-18; Alberta Health Care Insurance Act, R.S.A. 2000, c.A-20; Alberta Personal Income Tax Act, R.S.A. 2000, c.A-30; Alberta Treasury Branches Act, R.S.A. 2000, c.A-37; Assured Income for the Severely Handicapped Act, R.S.A. 2000, c.A-45; Assured Income for the Severely Handicapped Amendment Act, R.S.A. 2000, c.6(supp); Builders’ Lien Act, R.S.A. 2000, c.B-7; Business Corporations Act, R.S.A. 2000, B-9; Change of Name Act, R.S.A. 2000m c.C-7; Civil Enforcement Act, R.S.A. 2000, c.C-15; Companies Act, R.S.A. 2000, c.C-21; Conflicts of Interest Act, R.S.A. 2000, c.C23; Cooperative Associations Act, R.S.A. 2000, c.C-28; Cooperatives Act, R.S.A. 2000, c.C-28.1; Credit Union Act, R.S.A. 2000, c.C-32; Dependant Adults Act, R.S.A. 2000, c.D-11; Domestic Relations Act, R.S.A. 2000, c.D-14; Election Act, R.S.A. 2000, c.E-1; Employment Pension Plan Act, R.S.A. 2000, E-8; Fair Trading Act, R.S.A. 2000, c.F-2; Family Relief Act, R.S.A. 2000, c.F-5 (now called the Dependants Relief Act, R.S.A. 2000, c.D-10.5); Fatal Accidents Act, R.S.A. 2000, c.F-8; Fatality Inquiries Act, R.S.A. 2000, c.F-9; Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c.F-25; Gaming and Liquor Act, R.S.A. 2000, c.G-1; Health Insurance Premiums Act, R.S.A. 2000, c.H-6; Hospitals Act, R.S.A. 2000, c.H-12; Human Tissue Gift Act, R.S.A. 2000, c.H-15; Human Tissue Donation Procedures Statutes Amendment Act, R.S.A. 2000, c15(supp); Income Support Recovery Act, R.S.A. 2000, c.I-1; Insurance Act, R.S.A. 2000, c.I-3; Interpretation Act, R.S.A. 2000, c.I-8; Intestate Succession Act, R.S.A. 2000, c.I-10; Irrigation Districts Act, R.S.A. 2000, c.I-11; Land Titles Act, R.S.A. 2000, c.L-4; Law of Property Act, R.S.A. 2000, c.L7; Loan and Trust Corporations Act, R.S.A. 2000, c.L-20; Local Authorities Election Act, R.S.A. 2000, c.L-21; Maintenance Enforcement Act, R.S.A. 2000, c.M-1; Matrimonial Property Act, R.S.A. 2000, c.M-8; Members of the Legislative Assembly Pension Plan, R.S.A. 2000, c.M-12; Mental Health Act, R.S.A. 2000, c.M-13; Metis Settlements Act, R.S.A. 2000, c.M-14; Minors’ Property Act, R.S.A. 2000, c.M-18; Motor Vehicle Administration Act, R.S.A. 2000, c.M-23; Municipal Government Act, R.S.A. 2000, c.M-26; Partnership Act, R.S.A. 2000, c.P-3; Perpetuities Act, R.S.A. 2000, c.P-5; Personal Directives Act, R.S.A. 2000, c.P-6; Powers of Attorney Act, R.S.A. 2000, c.P-20; Protection Against Family Violence Act, R.S.A. 2000, c.P-27; Protection for Persons in Care Act, R.S.A. 2000, c.P-29; Provincial Court Act, R.S.A. 2000, c.P-31; Public Lands Act, R.S.A. 2000, c.P-40; Public Trustee Act, R.S.A. 2000, c.P-44; Reciprocal Enforcement of Judgments Act, R.S.A. 2000, c.R-6; School Act, R.S.A. 2000, c.S-3; School Trustee Statutes Amendment Act, R.S.A. 2000, c.S23; Securities Act, R.S.A. 2000, c.S-4; Social Care Facilities Licensing Act, R.S.A. 2000, c.S-10; Social Care Facilities Review Committee Act, R.S.A. 2000, c.S-11; Social Development Act, R.S.A. 2000, c.S-12; Tort-feasors Act, R.S.A. 2000, c.T-5; Victims of Crime Act, R.S.A. 2000, c.V-3; Vital Statistics Act, R.S.A. 2000, c.V-4; Wills Act, R.S.A. 2000, c.W-12; Workers’ Compensation Act, R.S.A. 2000, c.W-15; Young Offenders Act, R.S.A. 2000, c.Y-1.

Repealed: None Summary:An “adult interdependent partner” is defined as a person who has lived with another person in a relationship of interdependence for a continuous period of at least 3 years, or for a period of some permanence where there is a child of the relationship by birth or adoption. Further, a person is an adult interdependent partner if they have entered into a partner agreement with the other person pursuant to section 7 of the Act. Subject to restrictions in the Act, a minor may become an adult interdependent partner. Persons who are related to each other by blood or adoption may only become adult interdependent partners of each

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Queen’s Counsel Act, R.S.A. 2000, c.Q-1; Railway (Alberta) Act, R.S.A. 2000, c.R-4; Safety Codes Act, R.S.A. 2000, c.S-1; School Act, R.S.A. 2000, c.S-3; Traffic Safety Act, R.S.A. 2000, c.T-6; Wilderness Areas, Ecological Reserves and Natural Areas Act, R.S.A. 2000, c.W9; Wildlife Act, R.S.A. 2000, c.W-10 Repealed: None Summary:Various amendments made to above listed Acts. Notably, a minimum of $300,000,000.00 dollars must remain in the Endowment Fund pursuant to the Alberta Heritage Foundation for Medical Research Act. The term “Dentist” is redefined to mean a regulated member of the Alberta Dental Association and College under Schedule 7 of the Health Professions Act. The establishment of “Conservation Officers” is made and defined by the Government Organization Act. Conservation Officer are subject to the Public Service Act, and exercise powers pursuant to the Fisheries (Alberta) Act, Forests Act, Livestock Industry Diversification Act, Off- Highway Vehicle Act, Traffic Safety Act, Wilderness Areas, Ecological Reserves and Natural Areas Act, and the Wildlife Act. The description of the powers the Solicitor General possesses has been amended. The Health Professions Act has been amended respecting schedules in the Act. The Legal Profession Act is amended respecting the reporting obligations placed on the Conduct Committee, Hearing Committee, and the Benchers, where there are reasonable and probable grounds to believe that a member has committed an offence. The Municipal Government Act is amended to reenact a section dealing with zoning caveats which were inadvertently repealed.

In force: Comes into force on various dates.

Alberta Wheat and Barley Test Market Act, 2002 Bill 207 Summary:In order to address Alberta’s wheat and barley producer’s concerns respecting the Canadian Wheat Board, the Minister of Agriculture, Food and Rural Development may, upon receiving the approval of the Lieutenant Governor in Council, enter into an agreement with the appropriate Minister of the Government of Canada or the Canadian Wheat Board for the purpose of establishing an open market, on a test basis, for the purchase and sale of wheat and barley produced in Alberta. Any such agreement must allow producers the option of marketing any portion of their wheat or barley to the Canadian Wheat Board or to any other buyer. The test market must further be in place for a minimum period of 10 years. Upon an agreement being entered into, the Minister may make regulations respecting the implementation of a test market in Alberta.

In force: January 1, 2003

North Red Deer Water Authorization Act, 2002 Bill 33 Summary:In order to comply with the Water Act, a license is issued to provide for the transfer of water between the South Saskatchewan River Basin and the North Saskatchewan River Basin to address water problems being experienced by various communities and First Nations Bands.

In force: December 4, 2002 Seniors Advisory Council for Alberta Amendment Act, 2002 Bill 34 Amended: Seniors Advisory Council for Alberta Act, R.S.A. 2000, c.S-6 Repealed: None Summary:The chair of the Council may serve as a member of the Council for more than 6 years, and the Council shall meet at least 4 times a year.

In force: December 4, 2002 Teachers’ Pension Plans Amendment Act, 2002 Bill 35 Amended:Teachers’ Pensions Plan Act, R.S.A. 2000, c.T-1 Repealed: None Summary:Transitional amendments are made to address the payment of additional contributions by the Crown.

In force: December 4, 2002 Appropriation (Supplementary Supply) Act, 2002 Bill 36 Summary:The sum of $822,853,000.00 from the General Revenue fund, was paid to cover costs and expenses of the Public Service classed as operating expense or operating expense and capital investment for the fiscal year ending March 31, 2003, not otherwise provided for.

In force: December 4, 2002 Occupational Health and Safety Amendment Act, 2002 Bill 37 Amended:Occupational Health and Safety Act, R.S.A. 2000, c.O-2 Repealed: None Summary:A new definition is made for the term “adopted code” and the Act is amended addressing the term’s use. Compliance with the adopted code is required as with the Act and regulations. Where previously the Act referred to “standards” now the Act refers to the “adoptive code.” In order to enhance worker safety, the Minister may establish indices and measurement of work site injury prevention, maintain a register of employers and their performance in relation to the indices, and collect such information from another public body and publish the information contained in the register. The provisions addressing Lieutenant Governor in Council regulations, Ministerial Orders, and codes, has been amended. The fines for offences under the Act have been increased. Additional powers are granted to the Court to make Orders directing persons to establish or revise policy and training programs, take specific actions to improve health and safety at work sites or any other action specified in the Regulations. Transitional provisions respecting changes to the Regulations are set out.

In force: December 4, 2002 Miscellaneous Statutes Amendment Act, 2002 Bill 38 Amended:Alberta Heritage Foundation for Medical Research Act, R.S.A. 2000, c.A-21; Alberta Official Song Act, R.S.A. 2000, c.A-27.5; Condominium Property Act, R.S.A. 2000, c.C-22; Dairy Industry Omnibus Act, R.S.A. 2000, c.D-11; Dental Disciplines Act, R.S.A. 2000, c.D-8; Expropriation Act, R.S.A. 2000, c.E-13; Fair Trading Act, R.S.A. 2000, c.F-2; Fisheries (Alberta) Act, R.S.A. 2000, c.F-2; Forests Act, R.S.A. 2000, c.F-22; Government Organization Act, R.S.A. 2000, c.G-10; Health Information Act, R.S.A. 2000, c.H-5; Health Professions Act, R.S.A. 2000, c.H-7; Highway Traffic Act, R.S.A. 2000, c.H-8; Hospitals Act, R.S.A. 2000, c.H-12; Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c.H-14; Insurance Act, R.S.A. 2000, c.I-3; Insurance Act, R.S.A. 2000, c.I-3; Interpretation Act, R.S.A. 2000, c.I-8; Justice Statutes Amendment Act, R.S.A. 2000, c.J16; Legal Profession Act, R.S.A. 2000, c.L-8; Legislative Assembly Act, R.S.A. 2000, c.L-9; Livestock Industry Diversification Act, R.S.A. 2000, c.L-17; Metis Settlements Act, R.S.A. 2000, c.M-14; Municipal Government Act, R.S.A. 2000, c.M-26; Off-Highway Vehicle Act, R.S.A. 2000, c.O-5; Provincial Court Act, R.S.A. 2000, c.P-31;

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

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

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

Calgary

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

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

Cliff Shaw, Q.C. William C. Ranson Bruce H. Jackson, Q.C. Martin Kay, Q.C. Bernie Roth 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.

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