Legislative Summary | Spring 2004

25th Legislature Fourth Session Spring 2004

LEGISLATIVE REVIEW SUMMARY SPRING 2004

Child Welfare Act, R.S.A. 2000, c. 12 – see Family Support for Children with Disabilities Amendment Act, Bill 5

HIGHLIGHTS

Child Welfare Amendment Act, S.A. 2003, c. 16 – Public Trustee Act, Bill 19; Child Welfare Amendment Act, Bill 21

A quiet session; only 38 bills passed. Noteworthy are Bill 10, Justice Statutes Amendment Act, 2004, which includes court powers to order structured settlements; Bill 16, Residential Tenancies Act, 2004, which will replace the current statute in November; and Bill 34, Income Trusts Liability Act, which provides for limited liability for Alberta income trusts.

Condominium Property Act, R.S.A. 2000, c. C-22 – see Minors’ Property Act, Bill 20 Conflicts of Interest Act, R.S.A. 2000, c. C-23 - see Miscellaneous Statutes Amendment Act, Bill 33

AMENDED LEGISLATION

Court of Appeal Act, R.S.A. 2000, c. C-30 – see Justice Statutes Amendment Act, Bill 10

ABC Benefits Corporation Act, R.S.A. 2000, c. A-1 – see Blue Cross Statutes Amendment Act, Bill 8

Court of Queen’s Bench Act, R.S.A. 2000, c. C-31 – see Justice Statutes Amendment Act, Bill 10

Administration of Estates Act, R.S.A. 2000, c. A-2 – Public Trustee Act, Bill 19; Minors’ Property Act, Bill 20

Disaster Services Act, R.S.A. 2000, c. D-13 - see Miscellaneous Statutes Amendment Act, Bill 33

Agriculture Financial Services Act, R.S.A. 2000, c. A-12 – see Maintenance Enforcement Amendment Act, Bill 18; Agricultural Financial Services Amendment Act

Domestic Relations Act, R.S.A. 2000, c. D-14 – see Minors’ Property Act, Bill 20; Canada Pension Plan Credits Statutes Amendment Act, Bill 203

Agricultural Operation Practices Act, R.S.A. 2000, c. A-7 – see Agricultural Operation Practices Amendment Act, Bill 17

Election Act, R.S.A. 2000, c. E-1 – see Election Statutes Amendment Act, Bill 23

Alberta Capital Finance Authority Act, R.S.A. 2000, c. A-14.5 - see Miscellaneous Statutes Amendment Act, Bill 33

Election Finances and Contributions Disclosure Act, R.S.A. 2000, c. E2 – see Election Statutes Amendment Act, Bill 23

Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 – see Blue Cross Statutes Amendment Act, Bill 8; Election Statutes Amendment Act, Bill 2; Alberta Corporate Tax Amendment Act, Bill 27

Employment Pension Plans Act, R.S.A. 2000, c. E-8 – see Maintenance Enforcement Amendment Act, Bill 18 Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 - see Financial Administration Amendment Act, Bill 12

Alberta Foundation for the Arts Act, R.S. A. 2000, c. A-19 - see Financial Administration Amendment Act, Bill 12

Expropriation Act, R.S.A. 2000, c. E-13 – see Highways Development and Protection Act, Bill 31

Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20 – see Blue Cross Statutes Amendment Act, Bill 8 Alberta Heritage Foundation for Medical Research Act, R.S.A. 2000, c.

A-21 - see Financial Administration Amendment Act, Bill 12

Family Law Act, S.A. 2003, c. F-4.5 – Public Trustee Act, Bill 19; Minors’ Property Act, Bill 20; Canada Pension Plan Credits Statutes Amendment Act, Bill 203

Alberta Heritage Foundation for Science and Engineering Research Act, R.S.A. 2000, c. A-22 - see Financial Administration Amendment Act, Bill 12

Family Support for Children with Disabilities Act, S.A. 2003, c. F-5.3 (note: this Act was un-proclaimed as of June 16, 2004); – see Family Support for Children with Disabilities Amendment Act, Bill 5

Alberta Heritage Savings Trust Fund Act, R.S.A. 2000, c. A-23 - see Financial Administration Amendment Act, Bill 12

Feeder Associations Guarantee Act, R.S.A. 2000, c. F-11 – see Feeder Associations Guarantee Amendment Act, Bill 28

Alberta Heritage Scholarship Act, R.S.A. 2000, c. A-24 - see Financial Administration Amendment Act, Bill 12

Financial Administration Act, R.S.A. 2000, c. F-12 – see Financial Administration Amendment Act, Bill 12; Public Trustee Act, Bill 19

Alberta Housing Act, R.S.A. 2000, c. A-25 - see Financial Administration Amendment Act, Bill 12

Fiscal Responsibility Act, R.S.A. 2000, c. F-15 – see Fiscal Responsibility Amendment Act, Bill 15

Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 – see Alberta Personal Income Tax Amendment Act, Bill 11; Election Statutes Amendment Act, Bill 23; Alberta Corporate Tax Amendment Act, Bill 27

Fisheries (Alberta) Act, R.S.A. 2000, c. F-16 – see Maintenance Enforcement Amendment Act, Bill 18 Forest Reserves Act, R.S.A. 2000, c. F-20 – see Forest Reserves Amendment Act, Bill 13

Alberta Sport, Recreation, Parks and Wildlife Foundation Act, R.S.A. 2000, c. A-34 - see Financial Administration Amendment Act, Bill 12

Fuel Tax Act, R.S.A. 2000, c. F-28 - see Fuel Tax Amendment Act, Bill 23; Highways Development and Protection Act, Bill 31

Architects Act, R.S.A. 2000, c. A-44 – see Architects Amendment Act, Bill 3

Gaming and Liquor Act, R.S.A. 2000, c. G-1 – see Highways Development and Protection Act, Bill 31

Blind Persons’ Rights Act, R.S.A. 2000, c. B-3 – see Blind Persons’ Rights Amendment Act, Bill 4

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Government Organization Act, R.S.A. 2000, c. G-10 – see Highways Development and Protection Act, Bill 31

Securities Act, R.S.A. 2000, c. S-4 - see Financial Administration Amendment Act, Bill 12; Income Trusts Liability Act, Bill 34

Health Insurance Premiums Act, R.S.A. 2000, c. H-6 – see Blue Cross Statutes Amendment Act, Bill 8

Senatorial Selection Act, R.S.A. 2000, c. S-5 – see Senatorial Selection Amendment Act, Bill 7

Historical Resources Act, R.S.A. 2000, c. H-9 - see Financial Administration Amendment Act, Bill 12

Special Areas Act, R.S.A. 2000, c. S-16 – see Highways Development and Protection Act, Bill 31

Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H14 - see Financial Administration Amendment Act, Bill 12

Stray Animals Act, R.S.A. 2000, c. S-20 – see Highways Development and Protection Act, Bill 31

Income and Employment Supports Act, S.A. 2003, c. I-0.5 – see Income and Employment Supports Amendment Act, Bill 6

Teaching Profession Act, R.S.A. 2000, c. T-2 – see Teaching Profession Amendment Act, Bill 26

Judicature Act, R.S.A. 2000, c. J-2; Jury Act, R.S.A. 2000, c. J-3 – see Justice Statutes Amendment Act, Bill 10

Tobacco Tax Act, R.S.A. 2000, c. T-4 – see Highways Development and Protection Act, Bill 31

Land Titles Act, R.S.A. 2000, c. L-4 – see Highways Development and Protection Act, Bill 31

Traffic Safety Act, R.S.A. 2000, c. T-6 – see Highways Development and Protection Act, Bill 31

Livestock and Livestock Products Act, R.S.A. 2000, c. L-18 - see Financial Administration Amendment Act, Bill 12

Trustee Act, R.S.A. 2000, c. T-8 – see Public Trustee Act, Bill 19; Minors’ Property Act, Bill 20

Maintenance Enforcement Act, R.S.A. 2000, c. M-1 – see Maintenance Enforcement Amendment Act, Bill 18

Victims of Crime Act, R.S.A. 2000, c. V-3 - see Financial Administration Amendment Act, Bill 12

Metis Settlements Act, R.S.A. 2000, c. M-14 – see Metis Settlements Amendment Act, Bill 30

Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act, R.S.A. 2000, c. W-9 – see Black Creek Heritage Rangeland Trails Act, Bill 2

Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22 – see Justice Statutes Amendment Act, Bill 10

Wildlife Act, R.S.A. 2000, c. W-10 – see Maintenance Enforcement Amendment Act, Bill 18; Highways Development and Protection Act, Bill 31

Municipal Government Act, R.S.A. 2000, c. M-26 – see Highways Development and Protection Act, Bill 31

REPEALED LEGISLATION Natural Gas Rebates Act, R.S.A. 2000, c. N-2 - see Financial Administration Amendment Act, Bill 12

Child Welfare Amendment Act, S.A. 2002, c. 9 – see Child Welfare Amendment Act, Bill 21

Pension Fund Act, R.S.A. 2000, c. P-4 - see Financial Administration Amendment Act, Bill 12

City Transportation Act, R.S.A. 2000, c. C-14 – see Highways Development and Protection Act, Bill 31

Pipeline Act, R.S.A. 2000, c. P-15 – see Highways Development and Protection Act, Bill 31

Justice Statutes Amendment Act, R.S.A. 2000, c. 16 (supp) – see Justice Statutes Amendment Act, Bill 10

Prevention of Youth Tobacco Use Act, R.S.A. 2000, c. P-22 – see Prevention of Youth Tobacco Use Amendment Act, Bill 9

Minors’ Property Act, R.S.A. 2000, c. M-18 – see Minors’ Property Act, Bill 20

Private Vocational Schools Act, R.S.A. 2000, c. P-24 - see Miscellaneous Statutes Amendment Act, Bill 33

Public Highways Development Act, R.S.A. 2000, c. P-38 – see Highways Development and Protection Act, Bill 31

Provincial Offences Procedure Act, R.S.A. 2000, c. P-34 – see Justice Statutes Amendment Act, Bill 10; Highways Development and Protection Act, Bill 31

Public Trustee Act, R.S.A. 2000, c. P-44 – see Public Trustee Act, Bill 19 Residential Tenancies Act, R.S.A. 2000, c. R-17 – see Residential Tenancies Act, Bill 16

Public Highways Development Act, R.S.A. 2000, c. P-38 – see Highways Development and Protection Act, Bill 31 Public Utilities Board Act, R.S.A. 2000, c. P-45 - see Financial Administration Amendment Act, Bill 12

DETAILED LISTING OF BILLS Alberta Centennial Education Savings Plan Act, 2004 Bill 1

Queen’s Counsel Act, R.S.A. 2000, c. Q-1 – see Justice Statutes Amendment Act, Bill 10

Summary: Creation of a registered education savings plan in respect of eligible children and payment of grants into registered education savings plans.

In force: January 1, 2005.

Safety Codes Act, R.S.A. 2000, c. S-1 – see Safety Codes (BarrierFree Design and Access) Amendment Act, Bill 201 School Act, R.S.A. 2000, c. S-3 – see School Amendment Act, Bill 25; Miscellaneous Statutes Amendment Act, Bill 33

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Black Creek Heritage Rangeland Trails Act, 2004 Bill 2

Blue Cross Statutes Amendment Act, 2004 Bill 8

Amends: Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act, R.S.A. 2000, c. W-9 Summary: Regulation of access through the Black Creek Heritage Rangeland.

In force: Upon proclamation.

Amends: ABC Benefits Corporation Act, R.S.A. 2000, c. A-1; Alberta Corporate Tax Act, R.S.A. 2000, c. A-15; Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20; Health Insurance Premiums Act, R.S.A. 2000, c. H-6 Summary: ABC Benefits Corporation Act amended by including definition of Alberta Blue Cross Plan, clarification of the role and duties of the Board of Directors and its Officer, requirement for Corporation to prepare audited financial statements and to make payment in lieu of taxes. Lieutenant Governor in Council to make regulations regarding programs and services that constitute the Alberta Blue Cross Plan.

ABC Benefits Corporation subject to Insurance Corporations Premiums Tax. Changes to provisions governing agreements with the ABC Benefits Corporation for the provision of goods and services and payment for same.

In force: Upon proclamation, with exceptions.

Architects Amendment Act, 2004 Bill 3 Amends: Architects Act, R.S.A. 2000, c. A-44 Summary: Increased regulation of licensed interior designers.

Governing body of the Alberta Association of Architects now includes one licensed interior designer. Clarification regarding restricted practitioners.

In force: March 11, 2004.

Blind Persons’ Rights Amendment Act, 2004 Bill 4

Prevention of Youth Tobacco Use Amendment Act, 2004 Bill 9

Amends: Blind Persons’ Rights Act, R.S.A. 2000, c. B-3 Summary: “Blind Person” redefined. Increased fines for use of white cane in public. New rights for certified dog trainers accompanied by a dog in training. Minister to issue cards identifying a blind person and their guide dog. Regulation making power transferred to the Minister. Increased fines for denying access or discriminating against a blind person who is accompanied by a guide dog. Increased fine for failing to surrender an identification card upon request.

In force: March 11, 2004.

Amends: Prevention of Youth Tobacco Use Act, R.S.A. 2000, c.

P-22 Summary: Increased scope of the term “public place”. Clarifications respecting the description of an offence under the act, testimony of witnesses and onus of proof. Inferences with respect to age and inferences with respect to whether a product was a tobacco product.

Provision for a Certificate of Analysis which must be admitted in evidence as proof. New power of Lieutenant Governor in Council to make regulations.

In force: Upon proclamation.

Family Support for Children with Disabilities Amendment Act, 2004 Bill 5

Justice Statutes Amendment Act, 2004 Bill 10

Amends: Family Support for Children with Disabilities Act, S.A. 2003, c. F-5.3 (note: this Act was un-proclaimed as of June 15, 2004); Child Welfare Act, R.S.A. 2000, c. 12 Summary: Change to definition of “disability”. When making a decision, the Director must consider the criteria provided for in the regulations. Restriction of eligible children to Canadian citizens or permanent residents.

In force: March 11, 2004.

Amends: Court of Appeal Act, R.S.A. 2000, c. C-30; Court of Queen’s Bench Act, R.S.A. 2000, c. C-31; Judicature Act, R.S.A. 2000, c. J-2; Jury Act, R.S.A. 2000, c. J-3; Motor Vehicle Accident Claims Act, R.S.A. 2000 c. M-22; Provincial Offences Procedure Act, R.S.A. 2000, c. P-34; Queen’s Counsel Act, R.S.A. 2000, c. Q-1 Repeals: Justice Statutes Amendment Act, R.S.A. 2000, c. 16 (supp) Summary: Court of Appeal Act - Clarification as to when Judges may give a decision notwithstanding lack of quorum. Expanded powers of Lieutenant Governor in Council to make rules; Court of Queen’s Bench Act – Expanded power of Lieutenant Governor in Council to make regulations; Judicature Act – Provision for Court ordered structured settlements for damages arising out of personal injuries, death or damages under the Fatal Accidents Act, changes to the establishment of compensation commissions; Jury Act – Causes of action which shall be tried by a Jury may now be tried pursuant to summary trial procedures; Motor Vehicle Accident Claims Act – Motor vehicle is redefined; Provincial Offences Procedure Act – “Electronic Document” is defined and the use of electronic documents is clarified.

New provision for service of an Offence Notice by mail and proof of service. Changes to provisions respecting failure to respond to an Offence Notice. Lieutenant Governor in Council regulation making power governing electronic documents, certificates and affidavits of service; Queen’s Counsel Act – Mandatory revocation of Queen’s Counsel appointment where member is disbarred or is deemed to have been disbarred.

In force: Various dates.

Income and Employment Supports Amendment Act, 2004 Bill 6 Amends: Income and Employment Supports Act, S.A. 2003, c. I-0.5 Summary: Director may provide employment and training benefits to employers or other persons to be used for the benefit of a person with disability. Director to assume certain powers and role of the Minister.

Clarification of which decisions of the Director may be appealed to an appeal panel. Restrictions on disclosure of confidential information which has come to the Director’s attention under the Act. In force: March 11, 2004.

Senatorial Selection Amendment Act, 2004 Bill 7 Amends: Summary: 31, 2010.

In force:

Senatorial Selection Act, R.S.A. 2000, c. S-5 The Senatorial Selection Act now expires on December March 11, 2004.

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Alberta Personal Income Tax Amendment Act, 2004 Bill 11

Summary: Change to definition of “non-renewable resource revenue for fiscal policy purposes”. Changes to allocation of amounts to and from the Alberta Sustainability Fund.

In Force: March 11, 2004.

Amends: Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 Summary: Clarification regarding tax payable by non-resident individuals. Restructuring and clarification of deductions for nonbusiness-income tax paid to countries other than Canada. “Alberta Basic Tax Rate” and “Attributed Canadian Royalty Income” are both redefined.

In force: Deemed to have come into force on January 1, 2003.

Residential Tenancies Act, 2004 Bill 16 Repeals: Residential Tenancies Act, R.S.A. 2000, c. R-17 Summary: This Act repeals and replaces the current Residential Tenancies Act. Though the Act follows the same format as the predecessor Act, numerous sections are revised and clarified. New elements include the right of the director to enter the business premises of a landlord to conduct inspections and regulations regarding the establishment of alternative dispute resolution mechanisms.

In Force: November 1, 2004.

Financial Administration Amendment Act, 2004 Bill 12 Amends: Financial Administration Act, R.S.A. 2000, c. F-12; Alberta Foundation for the Arts Act, R.S. A. 2000, c. A-19; Alberta Heritage Foundation for Medical Research Act, R.S.A. 2000, c. A-21; Alberta Heritage Foundation for Science and Engineering Research Act, R.S.A. 2000, c. A-22; Alberta Heritage Savings Trust Fund Act, R.S.A. 2000, c.

A-23; Alberta Heritage Scholarship Act, R.S.A. 2000, c. A-24; Alberta Housing Act, R.S.A. 2000, c. A-25; Alberta Sport, Recreation, Parks and Wildlife Foundation Act, R.S.A. 2000, c. A-34; Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12; Historical Resources Act, R.S.A. 2000, c. H-9; Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14; Livestock and Livestock Products Act, R.S.A. 2000, c. L-18; Natural Gas Rebates Act, R.S.A. 2000, c. N-2; Pension Fund Act, R.S.A. 2000, c. P-4; Public Utilities Board Act, R.S.A. 2000, c. P-45; Securities Act, R.S.A. 2000, c. S-4; Victims of Crime Act, R.S.A. 2000, c. V-3 Summary: Consequential amendments to several statutes but primarily concerned with the Financial Administration Act. Lieutenant Governor in Council no longer has authority to designate a fund as a revolving fund. Changes to authorization of disbursements by expenditure officers and accounting officers. Provisions regarding the management and pooled investment of funds. Repeal of sections relating to the Consolidated Cash Investment Trust Funds and the Investment Fund. Schedule of Provincial Agencies to be continued is amended and expanded.

In force: Various dates.

Agricultural Operation Practices Amendment Act, 2004 Bill 17 Amends: Agricultural Operation Practices Act, R.S.A. 2000, c. A-7 Summary: New regulation over compost and composting materials.

Additional grounds upon which the minister may refuse to consider an application or referral. Regulation over manure collection areas.

Permission to alter existing buildings or structures at a confined feeding operation or manure storage facility can be obtained. Owners of confined feeding operations and manure storage facilities may be deemed to have been issued and approval registration or authorization under the Act in certain circumstances. Notification of an application for an approval may be dispensed with. Prescribed factors which an approval officer must consider in an application for an approval.

Persons other than municipalities must be notified, in some circumstances, of an application for a registration or authorization and such persons may make submissions to the approval officers.

Prescribed factors which an approval officer must and must not consider in an application for a registration or an authorization. Right of affected persons, who are not directly affected, to apply for a review of a decision of an approval officer regarding registration or an authorization.

A sale or other acquisition of an approval registration or authorization no longer required to be the entire interest which is sold or acquired.

Inspectors may now issue emergency orders directing performance of emergency measures to remedy release of manure or other materials causing risk to the environment.

In Force: Upon proclamation

Forest Reserves Amendment Act, 2004 Bill 13 Amends: Forest Reserves Act, R.S.A. 2000, c. F-20 Summary: Clarification of what constitutes a forest reserve.

Appointment of personnel to administer the Act. Changes to acquisition of land and power of Minister to make regulations. Creation of administrative penalties for contravention of the Act and for the enforcement and adjudication of such penalties. Increased fines for offences under the Act. In force: March 11, 2004, with exceptions.

Maintenance Enforcement Amendment Act, 2004 Bill 18 Amends: Maintenance Enforcement Act, R.S.A. 2000, c. M-1; Agriculture Financial Services Act, R.S.A. 2000, c. A-12; Employment Pension Plans Act, R.S.A. 2000, c. E-8; Fisheries (Alberta) Act, R.S.A. 2000, c. F-16; Wildlife Act, R.S.A. 2000, c. W-10 Summary: Orders under part 5 of the Income and Employment Supports Act are deemed to be maintenance orders. Protection of Director and staff when acting in good faith. Jurisdiction of the Provincial Court is preserved even where a maintenance agreement or maintenance order is filed with the Court of Queen’s Bench. Variable maintenance orders. Changes to access to information by the director.

Broader scope of business organizations which must provide information to the Director. Requirement of Alberta Treasury Branches and Credit Unions to designate an office for service of support deduction notices and requests for information. Clarification of the circumstances

Appropriation (Supplementary Supply) Act, 2004 Bill 14 Summary: Provisions for payments from the General Revenue Fund for operating expenses and capital investments of the Public Service.

In Force:

March 11, 2004.

Fiscal Responsibility Amendment Act, 2004 Bill 15 Amends:

Fiscal Responsibility Act, R.S.A. 2000, c. F-15

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Tax Act, R.S.A. 2000, c. A-15; Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 Summary: Election Act - Several definitions are modified. Chief Electoral Officer required to take an oath of office and duties of a Chief Electoral Officer are clarified. Changes to appointment of Returning Officers, the register of electors and the furnishing of information to political parties. Modification of the duties and privileges of enumerators. Returning Officer to appoint administrative assistants and certain duties of the Returning Officers are modified.

Access to electors list, location of polling stations, publication of information by the returning officer and restrictions on acting as an official agent. Increased deposit for filing nomination papers and provisions dealing with death of a candidate. Restrictions on who may act as a Deputy Returning Officer, a poll clerk or a Supervisory Deputy Returning Officer. Returning Officer may appoint election officers to assist electors who are not on the list of electors. Changes to provision regarding interpreters and scrutineers. Changes to the mandatory content of ballots. Commencement of taking of the poll despite non-attendance of certain officers. Expanded class of persons who may remain in a polling place during polling hours.

Prohibition against disrupting the proceedings at a polling place on polling day. Provisions regarding electors who are not on the list of electors, voters who are unable to vote in the usual manner due to a physical incapacity and electors who are unable to vote on the polling day. Tracking of electors who have already voted. Secure special ballots for electors who believe their personal safety may be at risk.

Changes to the procedure for special ballots and mobile polls. Rights of access to multiple dwelling sites for campaigning. Changes to handling of documents and register information after the official count. Modification of several offences. Election Finances and Contributions Disclosure Act – Prohibited corporation is redefined.

Changes to duties and powers of Chief Electoral Officer. Certain notices may now be submitted electronically. Cancellation of the registration of a party for failing to endorse a candidate. Payment of campaign funds held in trust. Increased maximum contributions to constituency associations and registered candidates. Funds which are raised by a fund – raising function may be considered contributions. Provisions regarding contributions from unincorporated groups. Limitation on prosecuting offences under the Act. Alberta Corporate Tax Act – New tax rules in respect of contributions. Alberta Personal Income Tax Act – New tax rules for deductions in respect of contributions.

In Force: Upon proclamation, with exceptions.

in which the Director may use and disclose information received under the act. Notices of continuing attachment are now termed “support deduction notices” and provisions regarding same are revised. Further penalties for a debtor who has defaulted, including further access to information. Changes to priority of the allocation of monies paid to the Director under the act. Revised scope of the Director to require a debtor in default to defray the costs of enforcement. Describes certain fees which are not payable by the Director. Additional areas over which the Lieutenant Governor in Council may make regulations.

In Force:

Upon proclamation, with exceptions.

Public Trustee Act, 2004 Bill 19 Amends: Administration of Estates Act, R.S.A. 2000, c. A-2; Child Welfare Amendment Act, S.A. 2003, c. 16; Family Law Act, S.A. 2003, c.

F-4.5; Financial Administration Act, R.S.A. 2000, c. F-12; Trustee Act, R.S.A. 2000, c. T-8 Repeals: Public Trustee Act, R.S.A. 2000, c. P-44 Summary: Governs the office and the investment of monies received by the Public Trustee for a client. Detailed provisions respecting the appointment, functions and delegation of the Public Trustee. Provisions respecting missing persons, unclaimed property, estates of deceased persons, minors, incapacitated persons and dependant adults and the related rights, powers and privileges of the Public Trustee. Public trustee no longer required to be a lawyer. Public Trustee may make expenditures out of the property of missing persons to try and locate the owner. Expeditious procedures for the administration of small estates. The common fund and special reserve fund are merged into a single common fund.

Clarification of the legal status of the Public Trustee.

In Force: Upon proclamation.

Minors’ Property Act, 2004 Bill 20 Amends: Administration of Estates Act, R.S.A. 2000, c. A-2; Condominium Property Act, R.S.A. 2000, c. C-22; Domestic Relations Act, R.S.A. 2000, c. D-14; Family Law Act, S.A. 2003, c. F-4.5; Trustee Act, R.S.A. 2000, c. T-8 Repeals: Minors’ Property Act, R.S.A. 2000, c. M-18 Summary: This act deals with a variety of issues respecting property of a minor, including Court authorized dispositions, contracts and settlements, discharging obligations to a minor. Court appointments of trustees and delivery of property to the Public Trustee.

In Force: Upon proclamation.

Fuel Tax Amendment Act, 2004 Bill 23

Child Welfare Amendment Act, 2004 Bill 21

Amends: Fuel Tax Act, R.S.A. 2000, c. F-28 Summary: Restriction on exporting fuel and gas from Alberta.

Provisions dealing with non arms length relationships and transactions.

Tax rebates for aviation fuel and fuel oil in certain circumstances.

Provision for reassessing overpayment of tax collected and remitted.

The Crown may setoff amounts it owes against payment that might be made under the Act. Clarification as to when a director may be liable for failing to remit tax collected. A notice to produce information may be served by the Minister by fax. Minister may waive or cancel penalties or interest payable under the Act. In Force: March 30, 2004, with exceptions.

Amends: Child Welfare Amendment Act, S.A. 2003, c. 16 Repeals: Child Welfare Amendment Act, S.A. 2002, c. 9 Summary: Roles and duties of the child and youth advocate are redefined and include representing children who receive services under the Protection of Children Involved in Prostitution Act..

Numerous revisions and clarifications of several terms and sections on a variety of subjects.

In Force: March 30, 2004.

Election Statutes Amendment Act, 2004 Bill 22

Appropriation (Interim Supply) Act, 2004 Bill 24

Amends: Election Act, R.S.A. 2000, c. E-1; Election Finances and Contributions Disclosure Act, R.S.A. 2000, c. E-2; Alberta Corporate

Summary:

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Payments from the General Revenue Fund and the

Metis Settlements Amendment Act, 2004 Bill 30

Lottery Fund towards defraying charges and expenses of the Legislative Assembly and the Public Service.

In Force: March 30, 2004

Amends: Metis Settlements Act, R.S.A. 2000, c. M-14 Summary: Recitals are added. Numerous revisions of provisions regarding elections, including the replacement of annual elections with general elections to be held every three years. Provisions regarding the appointment, vacancy and disqualification of counsellors. Additional grounds for being classified as a settlement member. Additional grounds for termination of right of entry orders. Power of Metis Settlements Ombudsman to make regulations and other provisions regarding the Metis Settlements Ombudsman. Changes to the constitution, powers, duties and terms of the Metis Settlements appeal tribunal. Establishment of the appeal tribunal selection and review committee. The appeal tribunal may make rules and procedure for the conduct of it’s business and may apply to the Court of Queen’s Bench for an opinion of a question of law or jurisdiction. The General Council’s power to make, amend or repeal policies has been revised. Deemed expiry of ministerial regulations. Introduction of self-governance advancement proposals.

In Force: May 11, 2004 with several sections upon proclamation

School Amendment Act, 2004 Bill 25 Amends: School Act, R.S.A. 2000, c. S-3 Summary: Additional duties which a teacher must perform at the request of the Board. Changes to when a student is considered a resident student of the Board. Provisions regarding delegation of Board functions and powers. Changes to regulation making power of Minister and the inclusion of teachers in collective bargaining units. Increased costs of filing appeals, limits on who may file appeals, a requirement that the Notice of Appeal set out the grounds on which the appeal is made and changes to the procedure for making and determining the appeal.

In Force: Upon proclamation.

Teaching Profession Amendment Act, 2004 Bill 26 Amends: Teaching Profession Act, R.S.A. 2000, c. T-2 Summary: Amendment to the objects of the Alberta Teacher’s Association and the compulsory membership of teachers. Certain teachers may elect not to be a member of the Association. Power of the Association to make bylaws respecting the competence of it’s members. Limits on judicial review of decisions by various committees.

New power of minister to make regulations.

In Force: Upon proclamation.

Highways Development and Protection Act Bill 31 Amends: Expropriation Act, R.S.A. 2000, c. E-13; Fuel Tax Act, R.S.A. 2000, c. F-28; Gaming and Liquor Act, R.S.A. 2000, c. G-1; Government Organization Act, R.S.A. 2000, c. G-10; Land Titles Act, R.S.A. 2000, c. L-4; Municipal Government Act, R.S.A. 2000, c. M-26; Pipeline Act, R.S.A. 2000, c. P-15; Provincial Offences Procedure Act, R.S.A. 2000, c. P-34; Public Highways Development Act, R.S.A. 2000, c. P-38; Special Areas Act, R.S.A. 2000, c. S-16; Stray Animals Act, R.S.A. 2000, c. S-20; Tobacco Tax Act, R.S.A. 2000, c. T-4; Traffic Safety Act, R.S.A. 2000, c. T-6; Wildlife Act, R.S.A. 2000, c.

W-10 Repeals: Public Highways Development Act, R.S.A. 2000, c. P-38; City Transportation Act, R.S.A. 2000, c. C-14 Summary: Power of the Minister to designate existing or proposed highways as provincial highways, which are then subject to the Minister’s direction, control and management. Comprehensive provisions regarding access, development and offences respecting controlled highways and controlled streets. City transportation systems, powers and duties of highway authorities and prohibitions and enforcement.

Urban municipalities may designate streets as controlled streets and may enter into agreements with the minister regarding controlled streets.

Obligation of cities to prepare transportation study reports.

In Force: Upon proclamation.

Alberta Corporate Tax Amendment Act, 2004 Bill 27 Amends: Alberta Corporate Tax Act, R.S.A. 2000, c. A-15; Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 Summary: Alberta Corporate Tax Act - Revisions to income or loss from a business or property, royalty tax deductions and computation of income tax payable. Revisions to small business deductions, royalty tax credits, requirement to file returns and duty to file new information.

Provisions regarding assessments, re-assessments or additional assessments and notices of objection to assessments. Special transitional provision for corporations which had a permanent establishment in Ontario or Quebec in the preceding taxation year.

Changes to the Alberta royalty credit for individuals. Entitlement of individuals to a tax refund in respect of resource allowances and royalty credits. Alberta Personal Income Tax Act – The “Alberta basic tax rate” of an individual is redefined. Changes to royalty tax rebates.

In Force: May 11, 2004, with exceptions.

Appropriation Act, 2004 Bill 32

Feeder Associations Guarantee Amendment Act, 2004 Bill 28

Summary: Directions regarding payment from the General Revenue Fund towards operating expenses of the Legislative Assembly and the Public Service. Payments from the General Revenue Fund for defraying capital investment and non-budgetary disbursements of the Public Service. Payment from the Lottery Fund towards defraying charges and expenses of the Public Service.

In Force: May 19, 2004.

Amends: Feeder Associations Guarantee Act, R.S.A. 2000, c. F-11 Summary: Livestock defined to include hogs.

In Force: May 11, 2004.

Agriculture Financial Services Amendment Act, 2004 Bill 29

Miscellaneous Statutes Amendment Act, 2004 Bill 33

Amends: Agricultural Financial Services Act, R.S.A. 2000, c. A-12 Summary: Restriction of a corporation to make a loan or execute a guarantee if the sum would exceed two million dollars has been revised.

In Force: May 11, 2004

Amends: Alberta Capital Finance Authority Act, R.S.A. 2000, c. A14.5; Disaster Services Act, R.S.A. 2000, c. D-13; Private Vocational Schools Act, R.S.A. 2000, c. P-24; Conflicts of Interest Act, R.S.A. 2000, c. C-23; School Act, R.S.A. 2000, c. S-3

7

E. (Sonny) Mirth, Q.C.

Summary: Alberta Capital Finance Authority Act – Board of governors of the Banff Centre for Continuing Education is defined as an educational authority; Disaster Services Act – Local authority and municipality redefined to exclude summer villages; Private Vocational Schools Act – repeal of sections relating to the private vocational schools advisory counsel.

In Force: May 19, 2004.

Income Trusts Liability Act Bill 34 Amends: Securities Act, R.S.A. 2000, c. S-4 Summary: Certain trusts are defined as Alberta Income Trusts. Beneficiaries are not liable for acts of the Trustee of an Alberta Income Trust. A trust is governed by laws of the particular jurisdiction as provided in the trust instrument; Securities Act – expanded definition of “insider”. Expanded circumstances when a person or company is considered to control another person or company. Deemed insiders of an income trust. The commission may make an order designating a person or company as an insider.

In Force: Upon proclamation.

Companies Amendment Act, 2004 Bill 35 Amends: Companies Act, R.S.A. 2000, c. C-21 Summary: Lieutenant governor in counsel may exempt a company from certain requirements respecting the percentage of members of the board who must be resident Albertans and the holding of meetings inside of Canada. The registrar may relieve a company from holding an annual meeting even if a statutory declaration in support of such an application is sworn by a declarant who is not resident in Alberta.

In Force May 19, 2004.

LEGISLATIVE REVIEW COMMITTEE E. Mirth, Q.C. – Chairman C. R. Head – Secretary C. D. Johnson – Calgary Chairman E. Mirth, Q.C. – Legislative Officer With Thanks to Robert Sera

Edmonton Safety Codes (Barrier-Free Design and Access) Amendment Act, 2004 Bill 201 Amends: Safety Codes Act, R.S.A. 2000, c. S-1 Summary: The Safety Codes Act is now to be applied in accordance with the principles of Barrier-Free Design to allow persons with physical and sensory disabilities to access and use buildings and facilities to which the Act applies.

In Force: June 1, 2004.

Canada Pension Plan Credits Statutes Amendment Act, 2004 Bill 203

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

Cal Johnson, Q.C.

Amends: Domestic Relations Act, R.S.A. 2000, c. D-14; Family Law Act, S.A. 2003, c. F-4.5 (note: this Act was proclaimed as of July 15, 2004) Summary: The Domestic Relations Act and Family Law Act are amended to provide for agreements between spouses or common-law partners regarding the division of unadjusted pensionable earnings under the Canada Pension Plan.

In Force: Various dates.

Blood Samples Act Bill 204 Summary: This new legislation provides for the taking of blood samples, examinations, baseline testing, counselling or treatment for emergency health service workers, fire fighters, peace officers and police officers who have come into contact with a bodily substance of another person and may have become infected with a virus that causes a prescribed communicable disease.

In Force: Upon proclamation.

The Legislative Review Committee is a joint committee of the Law Society of Alberta and the Canadian Bar Association Alberta. It 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.

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. E.M.

Calgary Cliff Shaw, Q.C. William C. Ranson Bruce H. Jackson, Q.C. Martin Kay, Q.C. Bernie Roth Stacy Petriuk Al Lucas Joy Stuber Sandy Hildebrand Chris Manderville Kathleen Rockwell R. Neil Brown Ex Officio: Jack Dunphy, Q.C. H.A. Robertson, Q.C.