Legislative Summary | Spring 2000

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Alberta Legislative Summary 24TH LEGISLATURE - FOURTH SESSION

SPRING 2000 Health Professions Act, S.A. 1999, c.H-5.5 Ð see Miscellaneous Statutes Amendment Act, 2000, Bill 25

HIGHLIGHTS The Spring 2000 session in the Alberta Legislature was the most ÒpublicÓ and demonstrated session in recent memory, mostly focussed on Bill 11, the Health Care Protection Act. For lawyers the more relevant legislative items included Bill 10, which made a number of amendments to the Securities Act; Bill 13, which amended the Oil and Gas Conservation Act; Bill 15, which reconfigured the financial assistance rules under s. 42 of the Business Corporations Act; Bill 16, which supplemented the comprehensive 1996 amendments to the Condominium Property Act; and Bill 25, which (inter alia) provided some amendments to the Legal Profession Act.

Judicature Act, R.S.A. 1980, c.J-1 Ð see Alberta Personal Income Tax Act, Bill 18 Land Titles Act, R.S.A. 1980, c.L-5 Ð see Land Titles Amendment Act, 2000, Bill 5 Legal Profession Act, S.A. 1980, c.L-9.1 Ð see Miscellaneous Statutes Amendment Act, 2000, Bill 25 Marriage Act, R.S.A. 1980, c.M-6 Ð see Marriage Amendment Act, Bill 202 Motion Picture Development Act, S.A. 1981, c.M-19.1 Ð see Miscellaneous Statutes Amendment Act, 2000, Bill 25

Not passed were Bill 3, which would have provided for a new statute revision and Bill 20, the Justices Statutes Amendment Act, which would have made significant changes to the Provincial Court and adopted some tort law recommendations of the Law Reform Institute.

Oil and Gas Conservation Act, R.S.A 1980 c.O-5 Ð see Energy Statutes Amendment Act, 2000, Bill 13

In all, 24 government bills were introduced and 20 passed. Three non-governmental bills were also passed; Bills 202, 205 and 206.

Petroleum Incentives Program Act, S.A. 1981, c.P-4.1 Ð see Alberta Personal Income Tax Act, Bill 18

AMENDED LEGISLATION

Pharmaceutical Profession Act, S.A. 1988, c. P-7.1 Ð see Miscellaneous Statutes Amendment Act, 2000, Bill 25

Alberta Corporate Tax Act, R.S.A 1980, c.A-17 Ð see Alberta Personal Income Tax Act, Bill 18

Pipeline Act, R.S.A 1980, c.P-8 Ð see Energy Statutes Amendment Act, 1999, Bill 13

Alberta Income Tax Act, R.S.A. 1980, c.A-31 Ð see Alberta Income Tax Amendment Act, 2000, Bill 19 Alberta Income Tax Act, R.S.A. 1980, c.A-31 Ð see Alberta Personal Income Tax Act, Bill 18

Proceedings Against the Crown Act, R.S.A. 1980, c.P-18 Ð see Alberta Personal Income Tax Act, Bill 18

Alberta Science, Research and Technology Authority Act Ð see Alberta Science, Research and Technology Authority Amendment Act, 2000, Bill 7

Public Land Act, R.S.A. 1980, c.P-30 Ð see Wilderness Areas, Ecological Reserves and Natural Areas Amendment Act, 2000, Bill 24

Apprenticeship and Industry Training Act, S.A. 1991, c.A-42.3 Ð see Apprenticeship and Industry Training Amendment Act, 2000, Bill 23

Public Service Employee Relations Act, R.S.A. 1980, c.P-33 Ð see Alberta Heritage Foundation for Science and Engineering Research Act, Bill 1

Business Corporations Act, S.A 1981, c.A-15 Ð see Business Corporations Amendment Act, 2000, Bill 15

Securities Act, S.A. 1981, c.S-6.1 Ð see Securities Amendment Act, 2000, Bill 10 School Act, S.A. 1988, c.S Ð see School (StudentsÕ Code of Conduct) Amendment Act, 2000, Bill 206

Child and Family Services Authorities Act, S.A. 1996, c.S-7.3 Ð see Miscellaneous Statutes Amendment Act, 2000, Bill 25 Colleges Act, R.S.A. 1980, c.C-18 Ð see Miscellaneous Statutes Amendment Act, 2000, Bill 25

Social Work Profession Act, S.A. 1991, c.S-16.5 Ð see Miscellaneous Statutes Amendment Act, 2000, Bill 25

Condominium Property Act, 1996, S.A. 1996, c.C-12 Ð see Condominium Property Amendment Act, 2000, Bill 16

Surveys Act, S.A. 1987, c.S-29.1 Ð see Surveys Amendment Act, Bill 4

Election Act, R.S.A. 1980, c.E-2 Ð see Miscellaneous Statutes Amendment Act, 2000, Bill 25

Wilderness Areas, Ecological Reserves and Natural Areas Act, R.S.A. 1980, c.W-8 Ð see Wilderness Areas, Ecological Reserves and Natural Areas Amendment Act, 2000, Bill 24

Electric Utilities Act, S.A. 1995, c.E-5.5 Ð see Alberta Personal Income Tax Act, Bill 18

REPEALED LEGISLATION

Emblems of Alberta Act, R.S.A. 1980, c.E-8 Ð see Emblems of Alberta (Alberta Dress Tartan) Amendment Act, 2000, Bill 205 Financial Administration Act, R.S.A. 1980, c.F-9 Ð see Alberta Heritage Foundation for Science and Engineering Research Act, Bill 1

Alberta Agricultural Research Institute Act, S. A. 1987, c.A-13.7 Ð see Alberta Science, Research and Technology Authority Amendment Act, 2000, Bill 7

Forest Reserves Act, R.S.A. 1980, c.F-15 Ð see Wilderness Areas, Ecological Reserves and Natural Areas Amendment Act, 2000, Bill 24

Forest Development Research Trust Fund Act, R.S.A. 1980, c.F-13 Ð see Alberta Science, Research and Technology Authority Amendment Act, 2000, Bill 7

Glenbow-Alberta Institute Act Ð see First Nations Sacred Ceremonial Objects Repatriation Act, Bill 2

Oil Sands Technology and Research Authority Act, R.S.A. 1980, c.O-6 Ð see Alberta Science, Research and Technology Authority Amendment Act, 2000, Bill 7

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Summary: The Act is designed to allow the WorkersÕ Compensation Board to make one special payment to an individual who applies to the Board for a special payment and provides satisfactory proof that the individual is eligible under this Act and provides the Board with a Release in a form acceptable to the Board. An individual is eligible for payment only if by operation by law remarriage has terminated or terminates the individualÕs compensation, the individual has remarried or remarries and the individual is alive on the date of that individuals application to the Board for a special payment. However, s. 4 contains a limiting provision where, if an individual who is otherwise eligible to receive a special payment has commenced or is participating in a civil proceeding or complaint of any kind in respect of the termination of that individualÕs compensation due to remarriage, the individual is not eligible for a special payment unless that individual discontinues that proceeding or complaint. The special payment will be reduced by any judgment or amount in respect of termination of compensation. As well, the special payment is made in lieu of all rights to which an individual may be entitled to by reason of the termination of that individualÕs compensation due to remarriage.

DETAILED LISTING OF BILLS Alberta Heritage Foundation for Science and Engineering Research Act Bill 1 Amends: Financial Administration Act, R.S.A. 1980, c.F-9; Public Service Employee Relations Act, R.S.A. 1980, c.P-33 Repeals:

None

Summary: This Act creates a corporation called the ÒAlberta Heritage Foundation for Science and Engineering ResearchÓ. The objects of the Foundation are to establish and support a balanced long term program of science and engineering research based in Alberta and directed to the discovery of new knowledge and the application of that knowledge to improve the quality of AlbertaÕs economy, communities and environment. The Lieutenant Governor in Council will appoint Trustees. A fund called the ÒAlberta Heritage Science and Engineering Endowment FundÓ is established and the Provincial Treasurer, as soon as possible after this Act comes into force, must transfer $500,000,000.00 from the General Revenue Fund to the Endowment Fund. The Provincial Treasurer must, at the request of the Foundation, pay from the Endowment Fund money that, in the opinion of the Trustees, is required for the Foundation to further it objects. An Executive Committee of the Foundation may exercise the powers and may perform the duties of the Foundation. The Foundation shall not assign to the Executive Committee the power to make by-laws. The Act sets out the powers of the Foundation and the matter over which the Foundation may make by-laws. The Foundation must also establish a Science and Engineering Advisory Council and may establish any other Committee that it considers appropriate in an advisory, administrative or technical capacity.

In Force: Upon Royal Assent Alberta Science, Research and Technology Authority Amendment Act, 2000 Bill 7 Amends: Alberta Science, Research and Technology Authority Act, S.A. 1998, c.A-37.3 Repeals:

Summary: Definitions for ÒAgricultural InstituteÓ, ÒEnergy InstituteÓ and ÒForestry InstituteÓ. The provision relating to ownership of work is repealed and substituted and a new provision is added allowing the Authority to enter into an agreement relating to the ownership of work. New Parts are created dealing with the Agricultural Institute, Energy Institute and Forestry Institute.

In Force: April 1, 2000 First Nations Sacred Ceremonial Objects Repatriation Act Bill 2

In Force: Sections 2(c), 8, 9(2) and 10(3) come into force on April 1, 2001

Amends: Glenbow-Alberta Institute Act Repeals:

Alberta Agricultural Research Institute Act, S. A. 1987, c.A-13.7; Oil Sands Technology and Research Authority Act, R.S.A. 1980, c.O-6; Forest Development Research Trust Fund Act, R.S.A. 1980, c.F-13.

The remainder of the Act comes into force on August 1, 2000.

None Appropriation (Interim Supply) Act, 2000 Bill 9

Summary: This Act is designed to return sacred ceremonial objects of great spiritual value which have been held by Alberta Museums to First Nations. The Act allows the First Nation to apply to the Minister for the repatriation of a sacred ceremonial object. The Minister must agree, unless repatriation would not be appropriate in the MinisterÕs opinion. Upon repatriation of a sacred ceremonial object under this Act, the First Nation holds that sacred ceremonial object on behalf of the people of that First Nation. No action lies against the Crown or the Glenbow-Alberta Institute in respect to any loss or damage arising out of the repatriation of any sacred ceremonial object pursuant to this Act, the regulations or the Blackfoot agreement, or in respect of anything done or omitted be done in good faith pursuant to the Act, regulations or Blackfoot agreement.

Amended: None Repeals:

None

Summary: Section 46(b) of the Surveys Act is amended by adding Òor a descriptive planÓ after Òplan of surveyÓ.

Summary: This Act allows a payment from the General Revenue Fund in the amount of $13,953,000.00 towards defraying the several charges and expenses of the Office of the Legislative Assembly classed as operating expense or operating expense and capital investment for the fiscal year ending March 31, 2001. There may be paid and applied from the General Revenue Fund a sum of $2,750,403,000.00 towards defraying the several charges and expenses of the Public Service classed as operating expense or operating expense and capital investment for the fiscal year ending March 31, 2001. From the General Revenue Fund there may be paid and applied a sum of $28,049,000.00 toward defraying the several charges and expenses of the Public Service classed as nonbudgetary disbursements for the fiscal year ending March 31, 2001. Further, from the Lottery Fund, there may be paid and applied a sum of $158,000,000.00 towards defraying the several charges and expenses of the Public Service classed as Lottery Fund payments for the fiscal year ending March 31, 2001. The Act ensures that the due application of all money expended shall be accounted for. The Act sets out a schedule which outlines all of the payments which are to be made under the Act.

In Force: Upon Royal Assent

In Force: Upon Royal Assent

Land Titles Amendment Act, 2000 Bill 5

Securities Amendment Act, 2000 Bill 10

Amends: Land Titles Act, R.S.A. 1980, c.L-5

Amended: Securities Act, S.A. 1981, c.S-6.1

Repeals:

Repealed: None

In Force: Upon Royal Assent, except s. 2 which comes into force upon Proclamation. Surveys Amendment Act Bill 4 Amends: Surveys Act, S.A. 1987, c.S-29.1 Repeals:

None

None

Summary: Sections 17.1 and 17.2 of the Land Titles Act, which deal with the General Register are repealed. The provision relating to land in national parks is repealed and substituted. Section 122 of the Land Titles Act, which created the North and South Alberta Land Registration Districts is repealed. New provisions are created which provides for the registration and lapse of instruments and is meant to replace ss. 17.1 and 17.2.

Amended: None

Summary: Various definitions are repealed and substituted including the definition of Òprivate issuerÓ. A new provision is added in respect to who is a member of an exchange and there are provisions relating to members of exchanges. Provision is made regarding the powers with respect to hearings by a recognized exchange, a recognized self- regulatory organization or a recognized quotation and trade reporting system. Powers are also added for a recognized exchange or a recognized self-regulatory organization to apply to the Court of QueenÕs Bench for the appointment of a receiver, receiver and manager, trustee or liquidator for all or part of the affairs of a member of that exchange or a self-regulatory organization. The provision relating to an exception for a deemed distribution is repealed and substituted. The Commissioner or Executive Director may require that directors, officers or control persons of an issue or a class of issuers file a personal information form prepared and executed in accordance with the regulations.

Repealed: None

In Force: Upon proclamation

In Force: Upon Royal Assent Special Payment Act Bill 6

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Health Care Protection Act Bill 11

Summary: Various definitions are repealed and substituted. Section 10 of the Condominium Property Act, 1996 is repealed and substituted. Major amendments deal with certain payments to be held in trust. A developer is to hold in trust all money, other than rents and security deposits, paid by a purchaser of a unit up until the time that the certificate of title to the unit is issued in the name of the purchaser in accordance with the purchase agreement. If a unit is not substantially completed the developer shall hold the trust money paid by the purchaser of the unit so that the amount of money held in trust will be sufficient, when combined with the unpaid portion of the purchase price of any unit, if any, to pay for the costs of substantially completing the construction of the unit and related common property. A developer who received money that is to be held in trust shall forthwith deposit the money into an interest bearing trust account maintained in a financial institution in Alberta. If the money is being held in trust and the purchaser of the unit takes possession or occupies the unit prior to the certificate of title being issued in the name of the purchaser, the interest earned on that money from the day the purchaser takes possession or occupies the unit to the day the certificate of title is issued in the name of the purchaser is to be applied against the purchase price of the unit. The developer, subject to the forgoing, is entitled to the interest earned on the money held in trust under this particular section. A new provision is added in respect of development of units in phases.

Amended: None Repealed: None Summary: This Act regulates the protection of publicly funded health care, the provision of surgical facilities to provide insured services, and the provision of surgical facilities to provide uninsured surgical service. In Force: Upon Proclamation Appropriation (Supplementary Supply) Act, 2000 Bill 12 Amended: None Repealed: None Summary: The Act allows a payment from the General Revenue Fund in the amount of $31,103,000.00 toward defraying the further charges and expenses of the Public Service classed as operating expense and capital investment for the fiscal year ending March 31, 2000. The Act also allows for a payment from the General Revenue Fund of $1,470,000.00 towards defraying the further charges and expenses of the Public Service classed as non-budgetary disbursements for the fiscal year ending March 31, 2000. The Minister of Human Resources and Employment may transfer an amount not to exceed $16,600,00.00 from the Operating Expense and Capital Investment vote administered by this Minister to the Operating Expense and Capital Investment voted administered by any other Minister for the purposes of the Achievement Bonus program. The due application of all money expended under this Act shall be accounted for. There is also a schedule attached to this Act which indicates how the money will be spent.

In Force: September 1, 2000 Fair Trading Amendment Act, 2000 Bill 17 Amended: Fair Trading Act, S.A. 1998, c.F-1.05 Repealed: None Summary: A repeal and substitution is made of the provision respecting information a reporting agency must not include about an individual in a report. Such information includes unfavourable information about a debt if more than six years has elapsed since the date of last payment on the debt.

In Force: Upon Royal Assent

In Force: Upon Proclamation

Energy Statutes Amendment Act, 2000 Bill 13

Alberta Personal Income Tax Act Bill 18

Amended: Oil and Gas Conservation Act, R.S.A 1980, c.O-5; Pipeline Act, R.S.A 1980, c.P-8

Amended: Alberta Corporate Tax Act, R.S.A 1980, c.A-17; Alberta Income Tax Act, R.S.A. 1980, c.A-31; Electric Utilities Act, S.A. 1995, c.E-5.5; Judicature Act, R.S.A. 1980, c.J-1; Petroleum Incentives Program Act, S.A. 1981, c.P-4.1; Proceedings Against the Crown Act, R.S.A. 1980, c.P-18

Repealed: None Summary: Oil and Gas Conservation Act Various definitions are added. The provision relating to the application of the Act is repealed and substituted. The Act is to apply to every well and facility situated in Alberta whenever drilled and constructed and to any substance obtainable or obtained from such well or facility notwithstanding any terms to the contrary in any lease or grant from the Crown in Right in Canada or from any other person. A provision is added in respect of restricting persons from commencing to construct or from operating a facility without a license or approval for that facility. Various licensing provisions are repealed and substituted. The major addition is the creation of Part 11.1 which is an Orphan Fund. The Fund is to pay for suspension costs, abandonment costs and related reclamation costs in respect of orphan wells and facilities.

Summary: This is a comprehensive new piece of legislation dealing with Alberta Personal Income Tax. It deals with income tax, liability for tax, computation of tax, tax credits, returns assessments and appeals, collection of tax and with the administration and enforcement of the Act. The Act sets the stage for a new Òflat taxÓ concept. In Force: January 1, 2001 Alberta Income Tax Amendment Act, 2000 Bill 19 Amended: Alberta Income Tax Act, R.S.A. 1980, c.A-31

Pipeline Act

Business Corporations Amendment Act, 2000 Bill 15

Summary: The provisions in the Act requiring income tax to be paid by every corporation that maintained a permanent establishment in Alberta at any time of the year and which indicated that the Act did not apply to the taxation year of a corporation if that taxation year commences after December 31, 1980 are repealed. Further, s. 5 of the Act, dealing with corporation income tax, is repealed. The provisions dealing with rental assistance credits is also repealed as well as the provision dealing with the Alberta Stock Savings Plan Tax Credit.

Amended: Business Corporations Act, S.A 1981, c.A-15

In Force: Upon Royal Assent

Similar definitions are added in this Act. Provisions are also added for discontinuation and abandonment of pipelines. In Force: Amendments to both Acts are in force upon proclamation

Repealed: None Appropriation Act, 2000 Bill 21

Summary: The main amendment in this Act is the repeal and substitution of s. 42 which deals with financial assistance granted by the corporation. A corporation may now give financial assistance to any person for any purpose. Rules are made with respect to the disclosure of financial assistance to its shareholders. Further provision is made which indicates that a contract made by a corporation in contravention of this section may be enforced by a lender for value in good faith without notice of the contravention. The definition of ÒcomplainantÓis also repealed and substituted to specifically include a creditor in respect of an application under section 232 or in respect of an application under section 234, if the court exercises its discretion under subclause (iv).

Amended: Condominium Property Act, 1996, S.A. 1996, c.C-12

Summary: Funds in the amount of $56,621,702.00 are to be paid from the General Revenue Fund to defray the charges and expenses of the Legislative Assembly classed as operating expense and operating expense and capital investment for the fiscal year ending March 31, 2001. Further, from the General Revenue Fund, there shall be paid $14,867,759,000.00 towards defraying the charges and expenses of the Public Service classed as operating expense or operating expense and capital investment for the fiscal year ending march 31, 2000. The amount of $164,991,000.00 is to paid from the General Revenue Fund to defray the charges and expenses of the Public Service classed as non-budgetary disbursements for the fiscal year ending March 31, 2000. There may also be paid and applied from the Lottery Fund a sum of $837,5000,000.00 towards the charges and expenses of the public service classed as Lottery Fund payments for the fiscal year ending March 31, 2000. The due application of all money expended under this act shall be accounted for. Further, there is a schedule which sets out how the money is to be disbursed.

Repealed: None

In Force: January 1, 2001

In Force: Upon Proclamation Condominium Property Amendment Act, 2000 Bill 16

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Apprenticeship and Industry Training Amendment Act, 2000 Bill 23

Emblems of Alberta (Alberta Dress Tartan) Amendment Act, 2000 Bill 205

Amended: Apprenticeship and Industry Training Act, S.A. 1991, c.A-42.3

Amended: Emblems of Alberta Act, R.S.A. 1980, c.E-8

Summary: Provision is made to allow the Board, in consultation with the Provincial Apprenticeship Committee for that particular trade with the approval of the Minister, to make regulations permitting a person who is not otherwise permitted to work in a trade to carry out and perform tasks, activities and functions with respect of one or more undertakings or portions that come within that trade. Powers are provided to the Board to determine how this is to be carried out. Sections 35 and 36 are repealed and substituted and allow a Minister to, by regulation, designate an occupation as a designated occupation and rescind a designation of a designated occupation.

Repealed: None Summary: The Act indicates that the Alberta Tartan and the Alberta Dress Tartan are hereby adopted as the official tartans of Alberta. Further provision is added to indicate how the Albert Dress Tartan should be woven. The definitions of ÒAlberta TartanÓ and ÒAlberta Dress TartanÓ are repealed and substituted. In Force: Upon Proclamation School (StudentsÕ Code of Conduct) Amendment Act, 2000 Bill 206

In Force: January 1, 2001

Amended: School Act, S.A. 1988, c.S-3.1

Miscellaneous Statutes Amendment Act, 2000 Bill 25

Repealed: None Summary: A new provision is added to indicate that a Board shall develop and implement a written policy respecting student conduct which addresses certain activities in school and on the grounds and during activities sponsored or approved by the Board. Such student conduct relates to physical violence, sexual assault, sexual abuse, vandalism, the use or possession of a firearm or other dangerous weapon, the use or possession of a narcotic and the use or possession of alcohol or tobacco. The Act indicates that in developing this policy the Board shall solicit and give due consideration to input from parents, students, teachers and principals. Such policy is required to provide counselling for students where appropriate. As well, this policy shall include penalty options which enable students to continue pursuing their studies.

Amended: Child and Family Services Authorities Act, S.A. 1996, c.S-7.3; Colleges Act, R.S.A. 1980, c.C-18; Election Act, R.S.A. 1980, c.E-2; Health Professions Act, S.A. 1999, c.H-5.5; Legal Profession Act, S.A. 1980, c.L-9.1; Motion Picture Development Act, S.A. 1981, c.M-19.1; Pharmaceutical Profession Act, S.A. 1988, c. P-7.1; Social Work Profession Act, S.A. 1991, c.S-16.5 Summary: This is an Act which amends various other Acts as listed above. The bulk of the amendments relate to both the Health Profession Act and the Legal Profession Act. In Force: Section 1 Ð Upon Section 20 of the Miscellaneous Statutes Amendment Act, 1999 (No.2) coming into force Section 2 Ð Upon Royal Assent Section 3 Ð Upon Royal Assent Section 4 Ð Upon Royal Assent Section 5 Ð Upon Proclamation Section 6 Ð Upon Royal Assent Section 7 Ð July 1, 2000 Section 8 Ð July 1, 2000

In Force: Upon Proclamation.

This guide is published solely for the assistance of persons who require a quick reference to new and amending legislation passed at the Spring 2000 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.

Wilderness Areas, Ecological Reserves and Natural Areas Amendment Act, 2000 Bill 24 Amended: Wilderness Areas, Ecological Reserves and Natural Areas Act, R.S.A. 1980, c.W-8; Forest Reserves Act, R.S.A. 1980, c.F-15 ; Public Land Act, R.S.A. 1980, c.P-30 Repealed: None

LEGISLATIVE REVIEW COMMITTEE

Summary: Definition is added for a Òheritage rangelandÓ which means land designated as such under the Act. The Act allows for the Lieutenant Governor in Council to designate as a heritage rangeland any area of public land, or land in respect of which the Minister has entered into an agreement that gives the Crown the right to designate it as a heritage rangeland, in order to ensure its preservation and protection using grazing to maintain the grassland land ecology. A new provision is added regarding prohibitions and restrictions respecting heritage rangelands.

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

In Force: Upon Proclamation

Edmonton

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

Marriage Amendment Act, 2000 Bill 202 Amended: Marriage Act, R.S.A. 1980, c.M-6 Repealed: None Summary: A preamble is added indicating, among other things, that marriage is an Òinstitution the maintenance of which in its purity the public is deeply interested inÓ. The major amendment relates to the fact that this Act operates notwithstanding sections 2 and 7 to15 of the Canadian Charter of Rights and Freedoms and the Alberta Bill of Rights. The apparent intent of the Bill, not necessarily achieved in fact, is to prevent solemnization of same-sex marriages.

Calgary

Rob M. Curtis C.R. Head Debbie A. Yungwirth

Cliff Shaw, Q.C. William C. Ranson Bruce H. Jackson,

Jack Watson, Q.C. Kismet Fung Herb Zechel

Martin Kay, Q.C. Mike Donaldson Bernie Roth Tim Ryan Paul Clark Jeffrey Wise Cynthia Martens Stacy Petriuk Kathleen Rockwell Karen Hansen Gillian Marriott

In Force: Upon Royal Assent

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

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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