Legislative Summary | Fall 2008

27th Legislature First Session Fall 2008

131731-Legislative Summary.indd 1

5/1/2009 11:19:14 AM

LEGISLATIVE REVIEW SUMMARY Fall 2008 - 27th Legislature - 1rd Session Highlights The 2008 Fall Session of the Legislature resulted in the passing of a number of important bills. Forty bills were passed. Worthy of particular note are the Insurance Amendment Act, Bill 11, the Adult Guardian and Trusteeship Act, Bill 24, the Alberta Evidence Amendment Act, Bill 30, the Land Titles Amendment Act, Bill 36, the Emergency Health Services Act, Bill 43, and the Mines and Minerals (New Royalty Framework) Amendment Act, Bill 47.

Amended Legislation

Amended Legislation Cont’d

Labour Relations Code, R.S.A. 2000, c. L-1 Land Titles Act,, R.S.A. 2000, c. L-4 Legal Profession Act, R.S.A. 2000, c. L-8 Masters and Servants Act, R.S.A. 2000, c. M-7 Meat Inspection Act, R.S.A. 2000, c. M-9 Mental Health Act, R.S.A. 2000, c. M-13 Mental Health Amendment Act, R.S.A. 2007, c. 35 Mines and Minerals Act, R.S.A. 2000, c. M-17 Municipal Government Act, R.S.A. 2000, c. M-26 Notaries Public Act, R.S.A. 2000, c. N-6 Ombudsman Act, R.S.A. 2000, c. O-8 Petty Trespass Act, R.S.A. 2000, c. P-11 Pharmacy and Drug Act, R.S.A. 2000, c. P-13 Premier’s Council on Alberta’s Promise Act, R.S.A. 2003, c. P-20.5 Protection Against Family Violence Act, R.S.A. 2000, c.

P-27 Protection of Children Abusing Drugs Act, S.A. 2005, c.

P-27.5 Protection of Sexually Exploited Children Act, R.S.A. 2000, c. P-30.3 Provincial Court Act, R.S.A. 2000, c. P-31 Provincial Offences Procedure Act, R.S.A. 2000, c. P-34 Provincial Parks Act, R.S.A. 2000, c. P-35 Public Health Act, R.S.A. 2000, c. P-37 Public Sector Pension Plans Act, R.S.A. 2000, c. P-41 Public Service Employee Relations Act, R.S.A. 2000, c.

P-43 Real Estate Act, R.S.A. 2000, c. R-5 Recording of Evidence Act, R.S.A. 2000, c. R-7.5 Regional Health Authorities Act, R.S.A. 2000, c. R-10 Residential Tenancies Act, S.A. 2004, c. R-17.1 Safer Communities and Neighbourhoods Act, R.S.A. 2007, c. S-0.5 School (Compulsory Attendance) Amendment Act, R.S.A. 2003, Securities Act, R.S.A. 2000, c. S-4 Securities Amendment Act, 2007 Statistics Bureau Act, R.S.A. 2000, c. S-18 Tobacco Tax Act, R.S.A. 2000, c. T-4 Traffic Safety Act, R.S.A. 2000, c. T-6 Travel Alberta Act, R.S.A. 2008, c. T-6.5 Victims Restitution and Compensation Payment Act, S.A. 2001, c. V-3.5

Agriculture Financial Services Act, R.S.A. 2000, c. A-12 Agricultural Pests Act, R.S.A. 2000, c. A-8 Alberta Cancer Prevention Legacy Act, S.A. 2006, c.

A-14.2 Alberta Capital Finance Authority Act, R.S.A. 2000, c.

A-14.5 Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 Alberta Corporate Tax Amendment Act, S.A. 2007, c. 25 Alberta Economic Development Authority Act, R.S.A. 2000, c. A-16 Alberta Enterprise Corporation Act, R.S.A. 2008, c.

A-17.5 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 Alcohol and Drug Abuse Act, R.S.A. 2000, c. A-38 Arbitration Act, R.S.A. 2000, c. A-43 Child and Family Services Authorities Act, R.S.A. 2000, c. C-11 Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 Climate Change and Emissions Management Act, R.S.A. 2003, c. C-16.7 Commissioners for Oaths Act, R.S.A. 2000, c. C-20 Condominium Property Act, R.S.A. 2000, c. C-22 Conflicts of Interest Act, R.S.A. 2000, C. c-23 Cooperatives Act, S.A. 2001, c. C-28.1 Court of Queen’s Bench Act, R.S.A. 2000, c. C-31 Employment Pension Plans Act, R.S.A. 2000, c. E-8 Employment Standards Code, R.S.A. 2000, c. E-12 Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 Fair Trading Act, R.S.A. 2000, c. F-2 Family Law Act, S.A. 2003, c. F-4.5 Fatality Inquiries Act, R.S.A. 2000, c. F-9 Financial Administration Act, R.S.A. 2000, c. F-12 Fiscal Responsibility Act, R.S.A. 2000, c. F-15 Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25 Fuel Tax Act, R.S.A. 2006, c. F-28.1 Funeral Services Act, R.S.A. 2000, c. F-29 Fur Farms Act, R.S.A. 2000, c. F-30 Government Organization Act, R.S.A. 2000, c. G-10 Health Care Protection Act, R.S.A. 2000, c. H-1 Health Information Act, R.S.A. 2000, c. H-5 Health Professions Act, R.S.A. 2000, c. H-7 Hospitals Act, R.S.A. 2000, c. H-12 Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 Jury Act, R.S.A. 2000, c. J-3 Justice of the Peace Act, R.S.A. 2000, c. J-4

Repealed Legislation Alberta Alcohol and Drug Abuse Act, R.S.A. 2000, c. A-38 Ambulance Services Act, R.S.A. 2000, c. A-39 Cancer Programs Act, R.S.A. 2000, c. C-2 Edmonton Ambulance Authority Act, SA 1981, c. 87 2

131731-Legislative Summary.indd 2

5/1/2009 11:19:14 AM

Detailed Listing of Bills

Validates the Specified Gas Emitters Regulation as of June 27, 2007.

Post-Secondary Learning Amendment Act, 2008 Bill 7

In Force: Section 3(a) is deemed to have come into force on April 20, 2007

Amends: Post-secondary Learning Act, R.S.A. 2003 c. P-19.5 Alberta Capital Finance Authority Act, R.S.A. 2000, c. A-14.5 Conflicts of Interest Act, R.S.A. 2000, c. C-23 Health Professions Act, R.S.A. 2000, c. H-7 Legal Profession Act, R.S.A. 2000, c. L-8 Medical Profession Act, R.S.A. 2000, c. M-11 Opticians Act, R.S.A. 2000, c. O-9 Physical Therapy Profession Act, R.S.A. 2000, c. P-14 Professional and Occupational Associations Registration Act, R.S.A. 2000, c. P-26

Land Agents Licensing Amendment Act, 2008 Bill 9 Amends: Land Agents Licensing Act, R.S.A. 2000, c. L-2 Summary: Amends the definition of “land agent,” such that a person who for a fee gives or offers advice to an owner or the owner’s agent with respect to a negotiation for or acquisition of an interest in land is no longer captured by the definition.

Summary:

Requires boards of governors of public post-secondary institutions to prepare an access plan to submit to the Minister. Divides the publicly funded post-secondary system into six sectors: comprehensive academic and research institutions, baccalaureate and applied studies institutions, polytechnical institutions, comprehensive community institutions, independent academic institutions and specialized arts and cultural institutions.

Gives the Lieutenant Governor in Council the power to make regulations assigning each public post-secondary institution to one sector and assigning publicly funded private colleges to the independent academic institutions sector. Assigns powers and responsibilities to each of the sectors.

Requires boards of each public post-secondary institution to submit to the Minister a statement setting out the mandate of the institution, which will only be approved if the mandate is consistent with the role of the sector to which that institution has been assigned.

Prevents boards from engaging in or carrying on any activity outside of that approved mandate. Prevents publicly funded private colleges assigned to the independent academic institutions sector from using any funds received as a grant under the Government Organization Act to carry on an activity inconsistent with the role of that sector.

Establishes the Campus Alberta Strategic Directions Committee to provide advice to the Minister regarding issues related to Campus Alberta. Provides that the Minister will be the chair of that Committee and may appoint members to the Committee and prescribe their terms of office. Allows the Committee to make rules governing meetings and other matters, and to exercise the powers and perform the duties and functions which the Minister approves or imposes upon it.

Makes consequential amendments to other Acts.

In Force: On Proclamation Security Services and Investigators Act, 2008 Bill 10 Amends: Police Act, R.S.A. 2000, c. P-17 Repeals: Private Investigators and Security Guards Act, R.S.A. 2000, c. P-23 Summary:

Creates licensing requirements for any person receiving remuneration for investigating, conducting surveillance activities or obtaining information about crimes, causes of accidents or damage, the activity, conduct, character, reputation or whereabouts of a person, or the location of property. Creates licensing requirements for any person receiving remuneration for patrolling, guarding, or providing security for another person or property, and for any person detecting loss or damage to the property. Also creates licensing requirements for any person receiving remuneration for training, handling, controlling or supplying a guard dog to provide security for a person or premises. Prevents any person from possession of or operating locksmith tools, tools designed to operate the switches or locks of motor vehicles, master key systems, or other such lock-operating devices without a valid license. Creates a licensing requirement for any person receiving remuneration for responding in person to the location of a security alarm. Creates offences for engaging in the work set out above without a proper license, and offences for other contraventions of the Act or the regulations.

Provides exemptions from these licensing requirements for peace officers, lawyers, insurance companies, Crown agents and other persons, while acting in the course of their duties. Allows the Registrar to exempt certain persons from holding a license for an appropriate period of time. Establishes a procedure for applications and renewals for such licenses. Allows the Registrar to refuse to issue, or to suspend or cancel a licence under certain circumstances, and allows for a review of the Registrar’s decisions by the Director of Law Enforcement, and a subsequent appeal to the Law Enforcement Review Board.

Allows the Registrar to enter a business licensee’s premises to conduct an investigation or to inspect the premises and records of the licensee to ensure compliance with the Act, the regulations and the terms and conditions of the licence. Requires a business licensee to keep complete records and produce them for inspection upon the request of the Registrar. Requires a business licensee to display the business licence in a prominent location, and to file an annual return with the Registrar with the names and addresses of the business, its agents and its employees. Allows the Minister and the Lieutenant Governor in Council to make regulations respecting many different matters. Provides that persons licensed under the Private Investigators and Security Guards Act are deemed to be licensed under this Act, and establishes other transitional provisions.

In Force: On Proclamation Climate Change and Emissions Management Amendment Act, 2008 Bill 8 Amends: Climate Change and Emissions Management Act, R.S.A. 2003, c.

C-16.7 Validates: Specified Gas Emitters Regulation (AR 139/2007) Summary:

Allows the Climate Change and Emissions Management Fund to be used for paying salaries, fees, expenses, liabilities or other costs incurred by a delegated authority while carrying out an action authorized by the regulations.

Gives the Lieutenant Governor in Council the power to make regulations governing the maximum specified gas emissions intensity for operations and undertakings in Alberta based on levels of emissions of specified gases per unit of energy input or output, material input or output, product output or other thing.

In Force: On Proclamation 3

131731-Legislative Summary.indd 3

5/1/2009 11:19:14 AM

Insurance Amendment Act, 2008 Bill 11

master in chambers to continue proceedings from where they were left off or to recommence proceedings. Provides that if a master ceases to hold office without giving judgment or making an order in any matter that was fully heard by that master, that person may give judgment or make an order within 3 months after ceasing to hold office, with the same effect as if that person were still a master. Provides that records relating to the process for the selection of masters are confidential and not subject to the Freedom of Information and Protection of Privacy Act.

Amends: Insurance Act, R.S.A. 2000, c. I-3 Hospitals Act, R.S.A. 2000, c. H-12 Maternal Tort Liability Act, R.S.A. 2005, c. M-7.5 Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22 Survivorship Act, R.S.A. 2000, c. S-28 Workers’ Compensation Act, R.S.A. 2000, c. W-15

In Force: November 4, 2008 Repeals: National Bond Insurance Corporation Act, S.A. 1999, c. 34

Family Law Amendment Act, 2008 Bill 15

Summary:

Repeals the provision of the Insurance Act deeming a contract of insurance to have been made in Alberta if the insured is domiciled or resident in Alberta when the contract is made or the subject-matter of the contract is property that is or will be located in Alberta. Amends the scope of insurance that can be offered by insurers licensed to undertake fire insurance or life insurance. Amends the requirements for preparing and filing records of an insurer’s premiums, loss and expense costs or other information required by the Minister.

Permits the Minister to reduce the charge for undertaking insurance in Alberta with an insurer that is not licensed, where the Minister is satisfied the insurance is not available through a licensed insurer. Removes certain requirements for unlicensed insurers if the special broker is an affiliate of the insurance agent that places the insurance and the insurance is placed outside of Alberta. Permits a reciprocal insurance exchange to undertake liability on a reciprocal contract or other contract of insurance with the approval of the Superintendent of Insurance.

Provides that a mortgagee, insurer or insurance agent shall not allow any remuneration to be given to a mortgagee in consideration for a contract under which contract loss would be payable to the mortgagee. Prevents money-lenders with an interest in an insurance agency from requiring the borrower, as a condition of a loan, to cancel any subsisting contract issued by a licensed insurer or to takeout other insurance through the money-lender or affiliated insurance agency. Creates an offence for breaching these restrictions.

Repeals and replaces the provisions of the Act addressing insurance contracts made in Alberta. Provides that any information or record concerning a person licensed or applying for a licence under this Act that is disclosed to the Minister, the Superintendent, or the Deputy Superintendent is privileged and may not be used as evidence in any civil or administrative proceeding. Gives the Lieutenant Governor in Council additional powers to make regulations. Makes consequential amendments to other Acts.

Amends: Family Law Act, R.S.A. 2003, c. F-4.5 Maintenance Enforcement Act, R.S.A. 2000, c. M-1 Summary:

Creates the child support recalculation program (the “Program”), to annually recalculate the amount of child support and the proportionate shares of any special or extraordinary expenses included in certain child support orders. Allows either a payor or recipient of child support to register a child support order with the Program.

Allows the court to order that the amount of support should not be recalculated by the Program. Provides that the recalculated amount is the child support required to be paid under a child support order effective 31 days after the day on which the payor and recipient are notified as required. Allows a payor or a recipient to make an application to court to vary, suspend or terminate a child support order within 30 days after receiving notice of the recalculated amount.

Requires a payor or recipient to provide contact information and any necessary income information to the Program. Allows the Program to recalculate the amount of child support in the absence of the requisite income information being provided by deeming the income of the payor or recipient who failed to provide that information as being 10% more than the amount previously set out in the order or earlier information provided. Allows the Minister to designate a Director of the Program, and protects the Director and others from liability for actions carried out in good faith in the exercise of their duties under the Act.

Provides that a person’s right to access to the Program’s records under the Freedom of Information and Protection of Privacy Act does not extend to personal information of another person contained in those records. Prevents the Director from using or disclosing personal information except when necessary for administering the Program or otherwise authorized by the Act or other regulations.

Allows the Director to charge a service fee for services provided by the Program, which may be collected by the Director of Maintenance Enforcement with the powers provided under the Maintenance Enforcement Act. Gives the Lieutenant Governor in Council the power to make regulations related to the Program.

In Force: On Proclamation; except ss. 1, 3, 6, 7, 10, 11, 13, 14, 15, 16, 19, 20, 21, 22, 24, 25, 29, 33, 34, 35, 36, 38 and 44 Court of Queen’s Bench Amendment Act, 2008 Bill 14 Amends: Court of Queen’s Bench Act, R.S.A. 2000, c. C-31 Judicature Act, R.S.A. 2000, c. J-2

In Force: On Proclamation Municipal Government Amendment Act, 2008 Bill 16

Summary:

Imposes mandatory retirement for a master in chambers at the age of 70, but allows the Chief Justice to request that the Lieutenant Governor in Council reappoint a master in chambers for one year terms. Provides that the Lieutenant Governor in Council shall reappoint a master if such a request has been made, the master has consented, the master has not been an ad hoc master, and the master has not attained the age of 75 years. Provides that a master who retires or resigns may become an ad hoc master in chambers if they elect to do so, and a recommendation to do so by the Chief Justice is accepted by the Lieutenant Governor in Council. The term of appointment for ad hoc masters is 2 years, but can be renewed for a further two years.

Provides that if a master is unable to complete proceedings over which he or she is presiding, the Chief Justice can request any

Amends: Municipal Government Act, R.S.A. 2000, c. M-26 Summary:

Provides that no assessment is required for linear property that is under construction before completion, unless it has the physical capacity to transmit gas, oil or electricity, whether or not there is any such materials to transmit, and whether or not there are facilities connected to the linear property for the sending or receiving of such materials. Provides that linear property that is a pipeline has the physical capacity to transmit gas or oil when pressure testing of the pipeline is successful. Also provides that linear property that is a pipeline must be assessed separately and not as a system of pipelines.

4

131731-Legislative Summary.indd 4

5/1/2009 11:19:14 AM

In Force: Section 2 is deemed to have come into force on October 31, 2007

Agriculture Statutes Repeal Act, 2008 Bill 20

Film and Video Classification Act, 2008 Bill 18

Amends: Gas Utilities Statutes Amendment Act, S.A. 2003, c. 5

Amends: Conflicts of Interest Act, R.S.A. 2000, c. C-23 Fair Trading Act, R.S.A.2000, c. F-2

Repeals: Agricultural Societies Amendment Act, R.S.A. 2000, c. 2(Supp) Federal-Provincial Farm Assistance Act, R.S.A. 2000, c. F-10 Gas Distribution Amendment Act, R.S.A. 2000, c. 13(Supp)

Repeals: Amusements Act, R.S.A. 2000, c. A-40

Summary:

Repeals the aforementioned Acts as well as parts of the Gas Utilities Statutes Amendment Act.

Summary:

Provides a procedure for the classification and regulation of films, and for the dissemination of information concerning the nature and content of films. Requires the Minister to appoint an Executive Director responsible for administering the Act, providing services and disseminating any information considered advisable, classifying or reclassifying films to be exhibited in a theatre, and exempting a film or type of film from the classification requirements. Allows the Executive Director to delegate any of those powers or duties in writing to any employee.

Prevents the distribution of a film for exhibition in a theatre unless a non-transferable distribution license is obtained from the Executive Director. Allows the Executive Director to refuse to grant a distribution license if the applicant fails to pay the fee, provides false information or has contravened this Act or its regulations. Allows the Executive Director to collect and disclose personal information about an applicant or his or her associates in order to determine the eligibility for holding a license. Allows the Executive Director to suspend or cancel a licence on the same grounds provided for refusing a license.

Prevents the distribution or exhibition of an unclassified film unless it has been exempted from the requirement to be classified by the Executive Director. Prevents a person from admitting into a theatre any person who is of a class of persons prohibited from viewing a film of that classification. Prevents a person who owns, operates, manages or works in a video exchange from renting, selling, or otherwise making available an unclassified film unless it has been exempted from the requirement to be classified by the Executive Director. Prevents such a person from selling, renting or otherwise making available an adult video film to a minor. Allows the Minister to appoint an inspector who may inspect any theatre, video exchange or other premises at any reasonable time without a warrant to enforce the provisions of the Act.

Creates offences for the contravention of, or failure to comply with, provisions of the Act or the regulations, and imposes penalties including fines and imprisonment. Requires the Executive Director to publish a classification report for each film that is classified. Gives the Lieutenant Governor in Council additional powers to make regulations. Makes consequential amendments to other Acts and repeals the Amusements Act.

In Force: November 4, 2008 Heating Oil and Propane Rebate Act, 2008 Bill 21 Amends: Natural Gas Price Protection Act, S.A. 2001, c. N-1.5 Repeals: Natural Gas Rebates Act, R.S.A. 2000, c. N-2 Summary:

Allows the Minister to provide a rebate with respect to the purchase of oil or propane for residential, commercial or industrial heating purposes within Alberta, in accordance with the regulations.

Allows the Minister to impose terms and conditions on the rebate in addition to those prescribed by regulation. Creates offences with a fine of up to $10,000 for failing to comply with a term or condition, and for failing to disclose or misrepresenting a material fact in the application, and allows the Minister to require repayment of the rebate under such circumstances.

In Force: On Proclamation Weed Control Act, 2008 Bill 23 Amends: Public Lands Act, R.S.A. 2000, c. P-40 Repeals: Weed Control Act, R.S.A. 2000, c. W-5 Summary:

Requires a person to control a plant designated by regulation as a “noxious weed,” and destroy a plant designated as a “prohibited noxious weed” on land that person owns or occupies. Prevents a person from using or moving any thing that might cause the spread of a noxious or prohibited noxious weed. Creates a licensing requirement for operating or renting out a seed-cleaning facility. Requires a local authority to appoint inspectors to enforce and monitor compliance with this Act within the municipality, and allows the Minister to appoint such inspectors within Alberta.

Provides inspectors with the power to enter or inspect land or personal property. Allows an inspector that finds non-compliance with the Act to issue a notice to owner or occupant of land, or to the owner of personal property, requiring compliance and setting out requirements for achieving such compliance. Also allows the Minister to issue a notice requiring a person to cease an activity the Minister believes is in contravention of the Act, and allows a local authority to issue a notice to control noxious weeds or to destroy prohibited noxious weeds. Creates a right of appeal from such notices to an appeal panel, and then to the Minister. Provides that expenses incurred by an inspector are a debt due by the person subject to the notice.

Provides that subsequent owners or occupants are bound by a notice given under the Act. Provides that a person who is the owner or occupier of land that borders a highway is considered an

In Force: On Proclamation First Nations Sacred Ceremonial Objects Repatriation Amendment Act, 2008 Bill 19 Amends: First Nations Sacred Ceremonial Objects Repatriation Act, R.S.A. 2000, c. F-14 Summary:

Adds a schedule incorporating the agreements between the Provincial Museum of Alberta and the Mookaakin Cultural and Heritage Society, the Long Time Trail Historical Society and the Siksika Nation Museum between 1998 and 2001.

In Force: November 4, 2008

5

131731-Legislative Summary.indd 5

5/1/2009 11:19:15 AM

owner or occupant of the highway to the highway’s midpoint for the purposes of the Act. Creates an offence for a contravention of the Act with a maximum fine of $5,000, and in the case of a failure to comply with a Minister’s notice, a maximum fine of $1,000 for each day the offence continues. Provides that fines imposed for an offence committed within a municipality belong to that municipality. Allows the Minister to make regulations respecting the designation of a plant as a noxious or prohibited noxious weed, as well as other matters.

der appointing a guardian for an adult, and requires such a person to file a capacity assessment report, a guardianship plan and other documents prescribed by regulation in support of the application. Provides that a guardianship order will grant the guardian the authority to act and make decisions with respect to only those personal matters of the adult that the Court considers necessary. Provides that a guardian may act, make decisions, give consents and do any things in relation to those specified personal matters, and may sign documents and do all things necessary to give effect to such authority. Provides that such actions and decision have the same effect for all purposes as though the represented adult had taken such actions or made such decisions.

Requires a guardian to exercise his or her authority diligently, in good faith, in the represented adult’s best interests, in a way that encourages the represented adult to become capable of caring for himself or herself as far as possible, and in the least intrusive and less restrictive manner that is likely to be effective.

Allows any interested person to apply to Court for a trusteeship order in respect of an adult residing in Alberta or in respect of real property of an adult that is located in Alberta. Requires the Public Trustee, upon receipt of a written allegation that an adult is in need of a trustee, to make any inquires and take any action necessary to determine whether the Public Trustee should apply to be appointed as trustee. Sets out the terms of a trusteeship order, and the duties and responsibilities of a trustee. Allows a Public Guardian to apply to Court for a temporary protection order where there are reasonable grounds for believing that a represented adult is at risk of serious harm. Establishes a process for complaints regarding co-decision makers, guardians and trustees, and for investigation and resolution of such complaints.

Allows a health care provider to select a specific decision maker to make a decision respecting an adult’s health care or temporary admission or discharge from a residential facility, where the health care provider has assessed that the adult does not have the capacity to make the decision. Allows a physician to provide emergency health care to an adult without consent if the adult lacks capacity to make such a decision. Requires the Minister to establish a registry containing copies of orders made under the Act, certificates of incapacity, and any other documents or information prescribed by the regulations.

In Force: On Proclamation Adult Guardianship and Trusteeship Act, 2008 Bill 24 Amends: Administration of Estates Act, R.S.A. 2000, c. A-2 Alberta Treasury Branches Act, R.S.A. 2000, c. A-37 Alcohol and Drug Abuse Act, R.S.A. 2000, c. A-38 Business Corporations Act, R.S.A. 2000, c. B-9 Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 Condominium Property Act, R.S.A. 2000, c. C-22 Conflicts of Interest Act, R.S.A. 2000, c. C-23 Cooperatives Act, R.S.A. 2001, c. C-28.1 Credit Union Act, R.S.A. 2000, c. C-32 Dependants Relief Act, R.S.A. 2000, c. D-10.5 Devolution of Real Property Act, R.S.A. 2000, c. D-12 Dower Act, R.S.A. 2000, c. D-15 Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25 Health Information Act, R.S.A. 2000, c. H-5 Health Professional Act, R.S.A. 2000, c. H-7 Hospitals Act, R.S.A. 2000, c. H-12 Human Tissue and Organ Donation Act, S.A. 2006, c. H-14.5 Income and Employment Supports Act, S.A. 2003, c. I-0.5 Insurance Act, R.S.A. 2000, c. I-3 Land Titles Act, R.S.A. 2000, c. L-4 Limitations Act, R.S.A. 2000, c. L-12 Loan and Trust Corporations Act, R.S.A. 2000, c. L-20 Mandatory Testing and Disclosure Act, S.A. 2006, c. M-3.5 Marriage Act, R.S.A. 2000, c. M-5 Mental Health Act, R.S.A. 2000, c. M-13 Mental Health Amendment Act, S.A. 2007, c. 35 Metis Settlements Act, R.S.A. 2000, c. M-14 Personal Directives Act, R.S.A. 2000, c. P-6 Personal Directives Amendment Act, S.A. 2007, c. 37 Personal Information Protection Act, S.A. 2003, c. P-6.5 Powers of Attorney Act, R.S.A. 2000, c. P-20 Public Health Act, R.S.A. 2000, c. P-37 Public Trustee Act, S.A. 2004, c. P-44.1 Trustee Act, R.S.A. 2000, c. T-8 Widows’ Pension Act, R.S.A. 2000, c. W-7

In Force: On Proclamation Miscellaneous Statutes Amendment Act, 2008 Bill 25 Amends: Persons with Developmental Disabilities Community Governance Act, R.S.A. 2000, c. P-8 Police Act, R.S.A. 2000, c. P-17 Premier’s Council on the Status of Persons with Disabilities Act, R.S.A. 2000, c. P-21 Summary:

Provides that the Persons with Developmental Disabilities Community Governance Act expires on December 31, 2010 and the Premier’s Council on the Status of Persons with Disabilities Act expires on December 31, 2009, unless either is continued by the Lieutenant Governor in Council. Provides that leave to appeal a decision of the Board under the Police Act must be obtained from a single judge of the Court of Appeal.

Repeals: Dependent Adults Act, R.S.A. 2000, c. D-11 Summary:

Allows an adult to make a supported decision-making authorization appointing one to three persons that meet the prescribed eligibility requirements as supporters. Such supporters may be authorized to access, collect or obtain from any person any information relevant to the decision and to assist the adult in understanding the information.

Provides that a decision made with the assistance of a supporter, or communicated by the supporter, is the decision of the supported adult for all purposes. Allows an adult, or an interested person, to apply to the Court for an order appointing a co-decision-maker for the adult. Requires a capacity assessment report and other documents prescribed by the regulations to be filed in support of such an application. Allows the Court to specify the personal matters in respect of which the adult is required to make decision with a co-decision-maker, including the adult’s health care, social activities, employment, education, residence, legal proceedings and other matters.

Allows an interested person to apply to the Court for an or-

In Force: November 4, 2008 Funeral Services Amendment Act, 2008 Bill 27 Amends: Funeral Services Act, R.S.A. 2000, c. F-29 Summary:

Creates a licensing requirement for a business manager. Requires money paid under a pre-need funeral services contract to be placed in a trust account, and for unclaimed trust funds to be accounted for and distributed in accordance with the regulations. Allows the Di6

131731-Legislative Summary.indd 6

5/1/2009 11:19:15 AM

Financial Administration Amendment Act, 2008 Bill 31

rector to designate trust corporations for the purposes of the Act and the regulations. Expands the list of circumstances constituting unfair practice when dealing with an individual in relation to a funeral services contract.

Provides the Director with the power to refuse to issue or renew a license, and to cancel, suspend, or impose terms and conditions on a license on a number of grounds. Requires the director to provide written notice of such actions and to allow the applicant or licensee the opportunity to make representations, unless the Director believes that the licensee has misappropriated, or may misappropriate trust funds. Revises the appeal procedure for a licensee or applicant affected by such decisions of the Director.

Provides that the Director is an inspector, and may appoint inspectors, to conduct an inspection or investigation related to the administration of the Act or the regulations. Provides an inspector with power to enter a person’s premises, to require a person to provide information or records, to copy or seize such records, or to apply to court to obtain further powers to facilitate the inspection. Allows the Director to maintain a public record of certain information obtained under the Act, and to publish certain information for the purpose of assisting the public in choosing where they want to do business.

Creates protection from liability for acts or omissions done in good faith under the Act or regulations. Expands the types of regulations that can be made by the Minister. Allows the Director to require payment of an administrative penalty for contravention of the Act or the regulations, and provides a right of appeal from such a penalty.

Amends: Financial Administration Act, R.S.A. 2000, c. F-12 Alberta Economic Development Authority Act, R.S.A. 2000, c. A-16 Alberta Enterprise Corporation Act, R.S.A. 2008, c. A-17.5 Child and Family Services Authorities Act, R.S.A. 2000, c. C-11 Premier’s Council on Alberta’s Promise Act, R.S.A. 2003, c. P-20.5 Public Sector Pension Plans Act, R.S.A. 2000, c. P-41 School (Compulsory Attendance) Amendment Act, R.S.A. 2003, Travel Alberta Act, R.S.A. 2008, c. T-6.5 Summary:

Repeals part of the Financial Administration Act related to the discontinuance of Provincial corporations or Provincial committees. Makes consequential amendments to other Acts, changing the expiry dates of other Acts to December 31, 2013.

In Force: November 4, 2008 Meat Inspection Amendment Act, 2008 Bill 32 Amends: Meat Inspection Act, R.S.A. 2000, c. M-9

In Force: On Proclamation Summary:

Repeals the status of all medical officers of health and all executive officers under the Public Health Act and the Regional Health Authorities Act as inspectors under this Act. Creates licensing requirements for any person that slaughters an animal or processes meat from an animal. Creates “inspection legends,” which are marks applied to meat to indicate it has been inspected and is fit for human consumption. Allows the Lieutenant Governor in Council to make additional regulations, including those related to the application of inspection legends.

Jury Amendment Act, 2008 Bill 28 Amends: Jury Act, R.S.A. 2000, c. J-3 Summary: Amends the restriction on persons eligible to serve as jurors, such that anyone convicted of a criminal offence for which a pardon has not been granted, and anyone currently charged with a criminal offence, is excluded from serving as a juror.

In Force: On Proclamation Agriculture Financial Services Amendment Act, 2008 Bill 33

In Force: On Proclamation Alberta Capital Finance Authority Amendment Act, 2008 Bill 29

Amends: Agriculture Financial Services Act, R.S.A. 2000, c. A-12

Amends: Alberta Capital Finance Authority Act, R.S.A. 2000, c. A-14.5 Summary:

Restricts the Alberta Capital Finance Authority’s ability to borrow money or issue securities when all outstanding loans and securities exceed an amount determined under the regulations.

Summary:

Provides that the maximum amount that can be advanced as a loan by the Agriculture Financial Services Corporation will be prescribed by regulation. Increases the penalty for purchasing or selling an agricultural product that the person knows is subject to a lien without applying the proceeds to satisfy the lien.

In Force: December 2, 2008

In Force: On Proclamation

Alberta Evidence Amendment Act, 2008 Bill 30

Employment Pension Plans Amendment Act, 2008 Bill 34

Amends: Alberta Evidence Act, R.S.A. 2000, c. A-18

Amends: Employment Pension Plans Act, R.S.A. 2000, c. E-8

Summary:

Provides that an apology is not an admission of fault or liability, and is not admissible in any court as evidence of the fault or liability of that person. Provides that an apology does not constitute a confirmation or acknowledgement of a cause of action under the Limitations Act. Also provides that an apology does not void, impair or otherwise affect any insurance coverage that was available but for the apology. Provides that these rules governing apologies do not apply to the prosecution of a criminal offence.

Summary:

Prevents the entering into of further reciprocal governmental agreements, but provides that any existing agreements continue in force until terminated and may be amended. However, with the prior approval of the Lieutenant Governor in Council, the Minister is authorized to enter into the draft proposed agreement entitled “Agreement Respecting Multi-jurisdictional Pension Plans,” as amended.

Also allows the Minister, with the prior approval of the Lieutenant Governor in Council, to enter into an agreement with one or more designated jurisdictions dealing with any matters not specifically dealt with under Alberta legislation in a manner that is not inconsistent

In Force: November 4, 2008 7

131731-Legislative Summary.indd 7

5/1/2009 11:19:15 AM

Securities Amendment Act, 2008 Bill 38

with this Act, and to provide generally for reciprocity of application and enforcement between the jurisdictions.

Allows the Lieutenant Governor in Council to make further regulations after the Superintendent has consulted with any pension supervisory authorities that might be affected. Allows the Superintendent to collect personal information from, or provide that information to, another pension supervisory authority. Provides that a former member or their surviving partner who has not commenced a pension may withdraw all the money to which they are entitled as a lump sum upon providing written evidence confirmed by CRA that they are a non-resident for tax purposes. Allows the Superintendent to order the allocation or splitting of assets or liabilities of a pension plan if separate tracking is necessary.

Amends: Securities Act, R.S.A. 2000, c. S-4 Securities Amendment Act, 2007 Summary:

Removes the requirements for registered dealers acting in connection with any trade in a security or exchange contract to send the customer a written confirmation of the transaction; or to provide the Executive Director upon request with particulars of the person or company through which the security or exchange contract was bought or sold. Prevents a person or company from making a representation that the Commission or any of its members or employees have expressed an opinion or passed judgment on an issuer’s disclosure.

Provides that the exceptions to liability for misrepresentation in forward-looking information do not apply to liability for forwardlooking information in a financial statement or a document released in connection with an initial public offering. Repeals provisions allowing the rescission of exchange contracts in certain circumstances. Provides that no person or company shall make any statement to the commission that is misleading, untrue or that fails to state a fact that is required to be stated or necessary to prevent the statement from being misleading. Creates additional regulation-making powers.

In Force: On Proclamation; but section 11 is deemed to have come into force on August 10, 2006 Government Organization Amendment Act, 2008 Bill 35 Amends: Government Organization Act, R.S.A. 2000, c. G-10 Summary:

Amends the circumstances in which the Minister may sell or otherwise dispose of any estate, interest or right in land held by the Crown by allowing a sale or disposition when authorized by the Lieutenant Governor in Council.

In Force: ss. 2(a), 5, 8, 9, 13, 14 and 20 on Proclamation Court Statutes Amendment Act, 2008 Bill 39

In Force: November 4, 2008 Amends: Provincial Court Act, R.S.A. 2000, c. P-31 Court of Queen’s Bench Act, R.S.A. 2000, c. C-31 Agricultural Pests Act, R.S.A. 2000, c. A-8 Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 Alberta Evidence Act, R.S.A. 2000, c. A-18 Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20 Alcohol and Drug Abuse Act, R.S.A. 2000, c. A-38 Climate Change and Emissions Management Act, R.S.A. 2003, c.

C-16.7 Commissioners for Oaths Act, R.S.A. 2000, c. C-20 Employment Standards Code, R.S.A. 2000, c. E-12 Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 Fatality Inquiries Act, R.S.A. 2000, c. F-9 Fuel Tax Act, R.S.A. 2006, c. F-28.1 Fur Farms Act, R.S.A. 2000, c. F-30 Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c.

H-14 Justice of the Peace Act, R.S.A. 2000, c. J-4 Masters and Servants Act, R.S.A. 2000, c. M-7 Mental Health Act, R.S.A. 2000, c. M-13 Mental Health Amendment Act, R.S.A. 2007, c. 35 Municipal Government Act, R.S.A. 2000, c. M-26 Notaries Public Act, R.S.A. 2000, c. N-6 Petty Trespass Act, R.S.A. 2000, c. P-11 Protection Against Family Violence Act, R.S.A. 2000, c. .P-27 Provincial Parks Act, R.S.A. 2000, c. P-35 Public Health Act, R.S.A. 2000, c. P-37 Recording of Evidence Act, R.S.A. 2000, c. R-7.5 Safer Communities and Neighbourhoods Act, R.S.A. 2007, c. S-0.5 Securities Act, R.S.A. 2000, c. S-4 Tobacco Tax Act, R.S.A. 2000, c. T-4

Summary:

Provides that supernumerary judges and judges reappointed under the Provincial Court Act may not be removed from office before the expiry of their term except under Part 6 of the Judicature Act. Expands the jurisdiction of the Provincial Court to include claims for unjust enrichment, including claims for the recovery of the value of services provided or goods supplied. Allows Provincial Court judges to appoint a guardian ad litem for a minor, but clarifies that this does

Land Titles Amendment Act, 2008 Bill 36 Amends: Land Titles Act,, R.S.A. 2000, c. L-4 Summary:

Establishes a pending registration queue of instruments and caveats waiting for examination and registration. Requires the Registrar to assign an identification number to every such instrument and caveat, based upon the order in which they were entered into the queue. Provides that regulations may be made allowing registration of instruments or caveats in a different order than the order in which they entered the queue, as well as other regulations related to the pending registration queue. Provides that when an instrument or caveat must be registered within a specific period of time, pursuant to a court order or an enactment, that requirement will be met once the instrument or caveat has entered the queue. Creates a right of action against the Registrar for damages suffered as a result of a registration that does not comply with these provisions related to the pending registration queue.

Limits the protection from liability for a purchaser or mortgagee, whose transferor or mortgagor has been registered as owner through fraud or error, to those who have made all reasonable efforts to confirm the transferor or mortgagor is the registered owner of the land.

In Force: ss. 2, 3, 4, 7, 8 and 10 on Proclamation Ukrainian Famine and Genocide (Holodomor) Memorial Day Act, 2008 Bill 37 Summary:

Proclaims the 4th Saturday in November of each year to be Ukrainian Famine and Genocide (Holodomor) Memorial Day. In Force: November 4, 2008

8

131731-Legislative Summary.indd 8

5/1/2009 11:19:15 AM

not provide the power to appoint the Public Trustee as guardian ad litem pursuant to section 16 of the Minors’ Property Act.

Provides that a civil claim expires one year after it is issued unless within that year it is renewed by order of the Court for a further 3 months. Provides that no interest accrues to money paid into Court to satisfy a claim or counterclaim and costs. Makes consequential amendments to other Acts changing the title of Provincial Court Judge to Judge of the Provincial Court.

that land must be designated as a municipal reserve, or by bylaw can be designated as a community services reserve.

In Force: ss. 4-11 on Proclamation Health Governance Transition Act Bill 42 Amends: Alberta Cancer Prevention Legacy Act, S.A. 2006, c. A-14.2 Regional Health Authorities Act, R.S.A. 2000, c. R-10 Alberta Evidence Act, R.S.A. 2000, c. A-18 Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20 Arbitration Act, R.S.A. 2000, c. A-43 Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 Conflicts of Interest Act, R.S.A. 2000, c. C-23 Financial Administration Act, R.S.A. 2000, c. F-12 Fiscal Responsibility Act, R.S.A. 2000, c. F-15 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 Health Care Protection Act, R.S.A. 2000, c. H-1 Health Information Act, R.S.A. 2000, c. H-5 Health Professions Act, R.S.A. 2000, c. H-7 Hospitals Act, R.S.A. 2000, c. H-12 Ombudsman Act, R.S.A. 2000, c. O-8 Protection of Children Abusing Drugs Act, S.A. 2005, c. P-27.5 Protection of Sexually Exploited Children Act, R.S.A. 2000, c. P-30.3 Public Health Act, R.S.A. 2000, c. P-37 Public Service Employee Relations Act, R.S.A. 2000, c. P-43

In Force: On Proclamation Child, Youth and Family Enhancement Amendment Act, 2008 Bill 40 Amends: Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 Family Law Act, S.A. 2003, c. F-4.5 Summary:

Allows the Child and Youth Advocate to appoint lawyers to represent children who are receiving services under this Act or under the Protection of Sexually Exploited Children Act. Amends the powers and responsibilities of the director to investigate a child’s need for intervention upon receipt of a request for services, a report, or other evidence that a child may be in need of intervention. Amends the amount of time in which a child may remain in the care of a director. Allows proceedings related to secure services orders to be made by telephone or other form of telecommunication, or ex parte in certain circumstances, and sets out the procedure for such applications. Allows the Court to exclude any person, including a guardian or the child, from all or part of proceedings related to a secure services order.

Allows any adult to apply for a private guardianship order in respect of a child in the custody of a director or of a child subject to a temporary or permanent guardianship order. Requires such an applicant, with respect to an aboriginal child, to prepare a cultural connection plan addressing a means of preserving and fostering the child’s cultural identity. Requires a successful applicant to comply with the plan and to take reasonable steps on behalf of the child to exercise any rights the child may have as an Indian. Allows a child of 12 years or older, a guardian, a person who has been granted contact with the child, or any other person with a significant relationship with the child to apply for a review of a private guardianship order.

Allows a director to enter into an agreement with the parent of a child in the custody of a director or subject to a permanent or temporary guardianship order whereby the parent agrees to provide child support, or to apply to court for an order requiring that such support be provided. Expands the definition of residential facilities, which require a license under the Act. Requires an appeal of a decision of an Appeal Panel, or an appeal of an order of the Court of Queen’s Bench under this Act, to be commenced and proceed in accordance with the regulations. Provides that all information provided by a child to the Child and Youth Advocate and related communication are privileged information and not admissible in evidence in any proceeding without consent of the child, unless disclosure is required under the Act or directed by the Minister.

Repeals: Alberta Alcohol and Drug Abuse Act, R.S.A. 2000, c. A-38 Cancer Programs Act, R.S.A. 2000, c. C-2 Summary:

Dissolves the Alberta Alcohol and Drug Abuse Commission and the Alberta Cancer Board. Allows the Minister to make an order, subject to the regulations, related to the winding-up of those bodies.

Allows the Lieutenant Governor in Council to make further transitional regulations related to the dissolution of these bodies. Provides that no employee of those bodies or the Alberta Mental Health Board is entitled to severance pay or other compensation if their position is substantially the same after the change in governance or restructuring. Continues the Alberta Cancer Foundation and the cancer registry established under the Cancer Programs Act. Makes consequential amendments to other Acts.

In Force: On Proclamation Emergency Health Services Act Bill 43 Amends: Health Information Act, R.S.A. 2000, c. H-5 Hospitals Act, R.S.A. 2000, c. H-12 Labour Relations Code, R.S.A. 2000, c. L-1 Municipal Government Act, R.S.A. 2000, c. M-26

In Force: On Proclamation, except sections 3(a)(i), 4, 13(b) and 50.

Municipal Government Amendment Act, 2008 (No. 2) Bill 41

Repeals: Ambulance Services Act, R.S.A. 2000, c. A-39 Edmonton Ambulance Authority Act, S.A. 1981, c. 87

Amends: Municipal Government Act, R.S.A. 2000, c. M-26

Summary:

Requires regional health authorities to provide dispatch services and assessment, stabilization, treatment and transportation services, in accordance with the Act. Requires the regional health authority to prepare and submit a proposal for an emergency health services plan for the health region, which must be approved by the Minister. Allows persons to apply for an ambulance operator’s licence, which authorizes the operator to provide emergency health services in accordance with the Act and the regulations. Provides that the op-

Summary:

Allows land to be designated as a community services reserve, which can be used by a municipality for a public library, police station, fire station, ambulance services station, affordable housing, a municipal facility providing service directly to the public or for a nonprofit day care, senior citizens facility or special needs facility. Requires that any surplus reserve land held by a school board must be transferred to the municipality for an agreed upon consideration, and 9

131731-Legislative Summary.indd 9

5/1/2009 11:19:15 AM

Statistics Bureau Amendment Act, 2008 Bill 45

erator’s licenses are valid for up to 5 years and may be renewed, but may also be revoked or suspended by the Registrar. Restricts those entitled to operate an ambulance operation to those with a valid operator’s license operating under an agreement with a regional health authority, unless exempted by the Minister.

Requires a regional health authority to utilize one or more dispatch centres; communications centres that receive requests for emergency health services where a dispatcher directs responses to those requests. Requires an ambulance attendant to provide emergency health services when dispatched, unless they are not qualified to do so or it would result in an imminent danger to the attendant, in which case they must immediately notify the dispatcher. Allows the attendant to enter premises in response to a request for emergency health services without a warrant, and to use reasonable force to enter such premises.

Allows authorized persons to conduct an investigation or inspect any place, including a vehicle, to determine whether the Act and regulations are being complied with. Also allows those authorized persons to demand production of records, to remove items, to perform tests and to require any person to answer relevant questions under oath. Allows those authorized persons to seize any thing that is reasonably believed to present a danger to the public or an ambulance attendant, and provides that such a thing is forfeited to the Crown.

Requires ambulance operators and attendants to cooperate with the inspection or investigation, and allows the Registrar to apply to the Court to direct a person to do or refrain from doing anything necessary to allow conduct of the investigation or inspection. Creates an appeal process from decisions of the Registrar.

Creates offences for contravention of the Act or the regulations, with a maximum fine of $10,000 for individuals and $100,000 for corporations. Requires an ambulance operator or regional health authority to provide any information requested by the Minister, and allows the Minister to report to any body that regulates a health profession or health discipline, or to a peace officer. Protects the Crown and the regional health authority, or any of its members, agents or employees, from liability for good faith performance of its duties or functions under the Act. Provides the Minister with power to make other arrangements or agreements related to the provision of emergency health services, and allows the Minister and the Lieutenant Governor in Council to make regulations, including transitional regulations.

Makes consequential amendments to other Acts.

Amends: Statistics Bureau Act, R.S.A. 2000, c. S-18 Alberta Corporate Tax Act, R.S.A. 2000, c. A-5 Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 Summary:

Changes the name of the Act to the Office of Statistics and Information Act. Amends the description of the duties of the Office, and adds that the purpose of the Office is to plan, promote, consolidate and develop social and economic statistics or statistical information relating to Alberta. Allows the Minister to enter into an agreement with a ministry, municipality, corporation, government body or other organization for the exchange of information collected jointly and for subsequent tabulation or publication of that information.

Allows the Office to collect information, and authorizes other bodies to provide a record in its custody upon request. Provides that an individual’s or business’s right of access to records in the custody or control of the Office is limited to information about that person or business, and that this restriction prevails over section 6 of the Freedom of Information and Protection of Privacy Act. Increases the penalties for an offence under the Act, and provides the Lieutenant Governor with additional power to make regulations related to the collection, use or disclosure of information and respecting the taking of a mandatory census or survey.

In Force: On Proclamation Health Professions Amendment Act, 2008 Bill 46 Amends: Health Professions Act, R.S.A. 2000, c. H-7 Mental Health Act, R.S.A. 2000, c. M-13 Mental Health Amendment Act, R.S.A. 2007 Pharmacy and Drug Act, R.S.A. 2000, c. P-12 Summary:

Allows a council to appoint inspectors to determine whether regulated members are complying with the Act and the bylaws, standards of practice and code of ethics of the regulated profession. Sets out the powers of an investigator, and allows the registrar to apply to the Court of Queen’s Bench to enforce those powers. Requires the inspector to provide a report of their findings to the regulated member and the registrar within 90 days of completing an inspection. Requires the registrar to make a referral to the complaints director if the inspection report indicates that a regulated member has not cooperated with the inspection, has provided false or misleading information, has failed to comply with a direction by the registrar, or if the member’s conduct constitutes some other unprofessional conduct. Allows a council to establish an inspection committee to carry out these powers and duties of the registrar. Allows the Minister to make regulations respecting inspectors, inspections and inspection committees.

Requires a council to adopt standards of practice that require each regulated member to make arrangements and put plans in place to ensure that the member’s patient records are not abandoned, and makes the college responsible for ensuring that the member’s abandoned records are secured and managed in accordance with the regulations that can be made by the Lieutenant Governor in Council.

Amends the description of the practice of chiropractors, dental technologists, denturists and several other professions in the schedules to the Act by including the ability to teach, manage and conduct research in the science, techniques and practice of their respective professions.

Continues the Alberta Podiatry Association as the College of Podiatric Physicians of Alberta, and adds a schedule regulating the practice of podiatrists.

Prevents any regulated member from providing a prescribed health service, unless that service is provided in a facility that is an accredited medical facility, or an approved hospital, government health facility or other facility prescribed in the regulations. Provides

In Force: On Proclamation Pharmacy and Drug Amendment Act, 2008 Bill 44 Amends: Pharmacy and Drug Act, R.S.A. 2000, c. P-13 Summary:

Creates new categories of licenses issued under the Act. These include community pharmacies, which provide a service for which the patient attends the pharmacy to receive the service, as well as compounding and repacking pharmacies, mail order pharmacies and satellite pharmacies. Provides that only a clinical pharmacist may apply for any such licenses, and outlines criteria for the registrar to follow in issuing licenses. Creates additional obligations for licensees, including a requirement that all records be kept under the licensee’s care and control. Also requires a proprietor to ensure that all required records are created and maintained, and to report any apparent contravention of the licensee’s obligations to the registrar.

Expands the powers of a field officer to inspect or investigate potential offences under the Act. Allows the registrar to collect or use information acquired under the Act for certain purposes, and to disclose that information to other bodies that regulate pharmacies, health professionals, law enforcement and other government agencies. Allows the Minister to enter into reciprocal agreements with other agencies or bodies respecting the administration or enforcement of the Act, including enforcement in another jurisdiction.

In Force: On Proclamation 10

131731-Legislative Summary.indd 10

5/1/2009 11:19:15 AM

that medical facilities that had previously been accredited by the College of Physicians and Surgeons are deemed to be accredited until the accreditation expires or is cancelled under this Act. Continues the Medical Facility Assessment Committee appointed under the Medical Professions Act as the Medical Facility Accreditation Committee under this Act, and sets out the duties and powers of that Committee.

Establishes the criteria for considering applications for accreditation by the medical director of a medical facility. Allows the Committee to inspect an accredited medical facility to determine whether it continues to meet the requisite standards, and allows the Committee to impose conditions upon, or revoke the accreditation of, the medical facility.

Provides that it is unprofessional conduct to provide prescribed health services outside of an accredited facility, or to fail to cooperate with the Committee. Allows a council to make bylaws related to the prescribed health services, accreditation standards and the Committee.

Traffic Safety Amendment Act, 2008 Bill 49

In Force: On Proclamation

Amends: Victims Restitution and Compensation Payment Act, S.A. 2001, c.

V-3.5

Amends: Traffic Safety Act, R.S.A. 2000, c. T-6 Summary: Adds drug-related impairment to sections governing alcohol-related impairment in connection with the operation of a motor vehicle.

In Force: On Proclamation Victims Restitution and Compensation Payment Amendment Act, 2008 Bill 50

Mines and Minerals (New Royalty Framework) Amendment Act, 2008 Bill 47

Summary:

Allows the Minister to commence an action by originating notice to obtain restitution or compensation for victims or other persons with respect to property that is alleged to have been used, or is likely to be used, in carrying out an illegal act that was intended to result in the acquisition of other property or in bodily harm to any person. Provides that such an action may only be started when a peace officer carries out an investigation and determines that an illegal act was committed or is likely to be committed for those purposes.

Allows the Minister to apply for an ex parte restraint order as part of such an originating notice. Allows the Court to grant a restraint order prohibiting any person from doing anything with the property, appointing a civil enforcement agency to deal with the property, authorizing the sale of the property, requiring any person to deliver the property to a civil enforcement agency or providing for other related matters. Allows a restraint order to be granted despite a person not having been charged with, convicted of, or otherwise held responsible for any illegal act in relation to the property or any related matter. Allows a peace officer to take interim action in exigent circumstances to prohibit a person from doing anything related to property or to require a person to deliver property to a peace officer or a civil enforcement agency, without first obtaining a restraint order. Creates an offence for failing to comply with such a direction from a peace officer, and allows a peace officer to arrest a person who fails to do so without a warrant and to seize the property that was the subject of that direction.

Allows a victim in respect of matters related to the order, or other persons with an interest in the restrained property, to apply to be added as a respondent to the originating notice and to apply for a review of the order. Provides that a restraint order will set a date within 45 days for a property disposal hearing, which will determine whether the restrained property is an instrument of illegal activity, what interests the respondents have in the restrained property, and whether a victim or other respondent is entitled to any of the property, proceeds from the property, or other compensation. Requires a respondent making a claim in respect of restrained property to file and serve an affidavit prior to the hearing, unless leave is granted to give oral evidence at the property disposal hearing.

Allows the Court to award compensation for actual loss suffered from the restraint of property if it is determined that the property was not used or likely to be used in carrying out an illegal act. Also allows any restrained property that remains undisposed following the disposal hearing to be disposed of with proceeds paid to the Crown for the purpose of making grants as set out in the Act. Provides that the Minister is not restricted from commencing or continuing concurrent legal actions under different parts of the Act related to the same subject matter. Creates a limitation period of 10 years from the date on which the illegal act occurred. Allows the Minister to collect, use and disclose information required to exercise powers or perform functions under the Act.

Amends: Mines and Minerals Act, R.S.A. 2000, c. M-17 Summary:

Allows the Lieutenant Governor in Council to make regulations respecting the measurement, calculation or estimation of the quantify, quality or composition of minerals and products obtained by processing or reprocessing minerals. Also allows the Lieutenant Governor in Council to make additional regulations related to the Crown’s royalty share, and to the delivery of a mineral or product obtained from a mineral in exchange for, or on account of, the Crown’s royalty share of a mineral or product obtained from it. Expands the scope of investigations or inspections that can be conducted by the Minister under the Act.

Provides that the Minister may determine the shallowest productive zone of the location of a lease or license, and notify the lessee that the shallow non-productive rights and the petroleum and natural gas rights in all or part of that location will revert to the Crown in 3 years from the date of the notice. Allows the Minister to consider applications to extend this period, or to make an offer to the lessee.

Repeals provisions related to royalty on oil sands, and makes transitional provisions for oil sands products delivered at a royalty calculation point on or before December 31, 2008.

In Force: ss 7(e), 15, 16 and 17 on January 1, 2009 Alberta Corporate Tax Amendment Act, 2008 Bill 48 Amends: Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 Alberta Corporate Tax Amendment Act, S.A. 2007, c. 25 Summary:

Provides that if a corporation has paid eligible dividends during a taxation year and has an over-integration tax adjustment for that year or any prior year, an over-integration tax will be added to the corporation’s tax payable for that year. Allows qualified corporations to claim an Alberta Scientific Research and Experimental Development tax credit. The amount of the credit is equal to 10% of the lesser of the corporation’s eligible expenditures for the taxation year or the corporation’s maximum expenditure limit for the taxation year, as defined in this Act. Creates penalties for every person that makes, furnishes, or participates in the making of a statement that the person would be reasonably expected to know to be false. Sets out the formulas for calculating those penalties based on that person’s compensation and entitlements.

In Force: December 2, 2008

In Force: On Proclamation 11

131731-Legislative Summary.indd 11

5/1/2009 11:19:16 AM

Amends: None Summary:

Provides for the appropriation of funds from the General Revenue Fund for expenses, equipment/inventory purchases and capital investment for the fiscal year ending March 31, 2009. Requires that all money expended under the Act be accounted for.

In Force: December 4, 2008 Miscellaneous Statutes Amendment Act, 2000 (No. 2) Bill 53 Amends: Alberta Capital Finance Authority Act, R.S.A. 2000, c. A-14.5 Condominium Property Act, R.S.A. 2000, c. C-22 Cooperatives Act, S.A. 2001, c. C-28.1 Fair Trading Act, R.S.A. 2000, c. F-2 Family Law Act, S.A. 2003, c. F-4.5 Government Organization Act, R.S.A. 2000, c. G-10 Legal Profession Act, R.S.A. 2000, c. L-8 Provincial Offences Procedure Act, R.S.A. 2000, c. P-34 Real Estate Act, R.S.A. 2000, c. R-5 Residential Tenancies Act, S.A. 2004, c. R-17.1

Summary:

Amends the Condominium Property Act by restricting the class of persons who can apply to Court for the appointment of an administrator to those who have a registered interest in a unit. Amends the Government Organization Act to implement the First Nations Commercial and Industrial Development Act (Canada) and the First Nations Oil and Gas and Moneys Management Act (Canada). Amends the definition of peace officer in the Provincial Offences Procedure Act by incorporating the definitions under the Police Act. In Force: December 4, 2008 Alberta Personal Income Tax (Physical Activity Credit) Amendment Act, 2008 Bill 206

L

e g i s l a t i v e

R C

e v i e w

o m m i t t e e

E. Mirth, Q.C. – Chairman C. R. Head – Secretary Bill Ranson, Q.C. – Calgary Chairman E. Mirth, Q.C. – Legislative Officer With thanks to Sean Ward

E. (Sonny) Mirth, Q.C.

Appropriation (Supplementary Supply) Act, 2008 (No. 2) Bill 51

Edmonton Committee Christopher R. Head W. Benjamin Russell Gordon D. Sustrik, Q.C. Richard T. Reeson, Q.C. Rob M. Curtis, Q.C. Debbie A. Yungwirth Kismet Fung Paul Moreau Art Wilson, Q.C.

Amends: Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30

Bill Ranson, Q.C.

Summary: Allows a deduction for the costs of an organized physical activity of a dependant, for an amount of up to $1500. The physical activity must be one that contributes to the development of an individual’s cardio-respiratory endurance, muscular strength, muscular endurance, flexibility or balance.

In Force: On Proclamation.

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.

131731-Legislative Summary.indd 12

Calgary Committee

Bill Ranson, Q.C. - Chair Martin Kay, Q.C. Cliff Shaw, Q.C. Bernie Roth Stacy Petriuk Al Lucas, Q.C. Cynthia Martens Kathleen Rockwell Jordan McJanet Jeff Thom, Q.C. Leila Gosselin Colin Feasby Jeffrey Bone Toby Eins Robert Maxwell

5/1/2009 11:19:20 AM