Legislative Summary | Spring 2007

26th Legislature Third Session Spring 2007

LEGISLATIVE REVIEW SUMMARY Spring 2007 - 26th Legislature - 3rd Session HIGHLIGHTS The 2007 Spring Session of the Alberta Legislature resulted in the passing of a number of important bills. Twenty-eight of sixty bills were passed.

Worthy of particular note are the Child Care Licensing Act, Bill 4, the Pandemic Response Statutes Amendment Act, 2007, Bill 14, the Protection of Children Involved in Prostitution Amendment Act, 2007, Bill 15, the Animal Health Act, Bill 32, and the Tenancies Statutes Amendment Act, 2007, Bill 34. A number of bills of great interest were not passed, including the Lobbyists Act, Bill 1 and the Vital Statistics Act, Bill 8.

Highways Development and Protection Act, S.A. 2004, c. H-8.5 - see Municipal Government Amendment Act, 2007, Bill 26

Amended Legislation Agricultural Operation Practices Act, R.S.A. 2000, c. A-7 - see Appeal Procedures Statutes Amendment Act, 2007, Bill 19

Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c.

H-14 – see Service Dogs Act, Bill 203

Agricultural Service Board Act, R.S.A. 2000, c. A-10 – see Animal Health Act, Bill 32

Income and Employment Supports Act, S.A. 2003, c. I-0.5 – see Income and Employment Supports Amendment Act, 2007, Bill 12

Alberta Energy and Utilities Board Act, R.S.A. 2000, c. A-17 - see Appeal Procedures Statutes Amendment Act, 2007, Bill 19

Judicature Act, R.S.A. 2000, c. J-2 – see Judicature Amendment Act, 2007, Bill 18

Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20 – see Health Statutes Amendment Act, 2007, Bill 5

Land Titles Act, R.S.A. 2000, c. L-4 – see Limitation Statutes Amendment Act, 2007, Bill 17

Assured Income for the Severely Handicapped Act, S.A. 2006, c. A45.1 - see Income and Employment Supports Amendment Act, 2007, Bill 12

Limitations Act, R.S.A. 2000, c. L-12 – see Limitation Statutes Amendment Act, 2007, Bill 17 Livestock Identification and Commerce Act, S.A. 2006, c. L-16.2 – see Horned Cattle Purchases Act Repeal Act, Bill 10

Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 - see Protection of Children Involved in Prostitution Amendment Act, 2007, Bill 15

Livestock Industry Diversification Act, R.S.A. 2000, c. L-17 – see Animal Health Act, Bill 32

Climate Change and Emissions Management Act, S.A. 2003, c. C16.7 - Climate Change and Emissions Management Amendment Act, 2007, Bill 3

Local Authorities Election Act, R.S.A. 2000, c. L-21 – see Disaster Services Amendment Act, 2007, Bill 30

Disaster Services Act, R.S.A. 2000, c. D-13 – see Disaster Services Amendment Act, 2007, Bill 30 and see Pandemic Response Statutes Amendment Act, 2007, Bill 14

Mandatory Testing and Disclosure Act, S.A. 2006, c. M-3.5 – see Health Statutes Amendment Act, 2007, Bill 5 Metric Conversion Amendment Act, R.S.A. 2000, c. 18(Supp) – see Horned Cattle Purchases Act Repeal Act, Bill 10

Electric Utilities Act, R.S.A. 2000, c. E-5.1 - see Appeal Procedures Statutes Amendment Act, 2007, Bill 19

Mobile Home Sites Tenancies Act, R.S.A. 2000, c. M-20 – see Tenancies Statutes Amendment Act, 2007, Bill 35

Emblems of Alberta Act, R.S.A. 2000, c. E-6 – see Emblems of Alberta Amendment Act, 2007, Bill 27

Municipal Government Act, R.S.A. 2000, c. M-26 – see Municipal Government Amendment Act, 2007, Bill 26 and see Appeal Procedures Statutes Amendment Act, 2007, Bill 19

Employment Standards Code, R.S.A. 2000, c. E-9 - see Pandemic Response Statutes Amendment Act, 2007, Bill 14 Energy Resources Conservation Act, R.S.A. 2000, c. E-10 - see Appeal Procedures Statutes Amendment Act, 2007, Bill 19

Natural Resources Conservation Board Act, R.S.A. 2000, c. N-3 see Appeal Procedures Statutes Amendment Act, 2007, Bill 19

Engineering, Geological and Geophysical Professions Act, R.S.A. 2000, c. E-11 – see Engineering, Geological and Geophysical Professions Amendment Act, 2007, Bill 39

Pharmacy and Drug Act, R.S.A. 2000, c. P-13 – see Animal Health Act, Bill 32 and see Health Statutes Amendment Act, 2007, Bill 5 Police Act, R.S.A. 2000, c. P-17 – see Police Amendment Act, 2007, Bill 16

Farm Implement Act, R.S.A. 2000, c. F-7 – see Farm Implement Amendment Act, 2007, Bill 29

Post-Secondary Learning Amendment Act, S.A. 2003, c. P-19.5 – see Post-Secondary Learning Amendment Act, 2007, Bill 6

Financial Administration Act, R.S.A. 2000, c. F-12 – see Alberta Management Corporation Act, Bill 22 Forest and Prairie Protection Act, R.S.A. 2000, c. F-19 – see Miscellaneous Statutes Amendment Act, 2007, Bill 44

Protection of Children Involved in Prostitution Act, R.S.A. 2000, c. P-28 – see Protection of Children Involved in Prostitution Amendment Act, 2007, Bill 15

Government Organization Act, R.S.A. 2000, c. G-10 – see Alberta Management Corporation Act, Bill 22 and see Pandemic Response Statutes Amendment Act, 2007, Bill 14

Provincial Court Act, R.S.A. 2000, c. P-31 – see Provincial Court Amendment Act, 2007, Bill 28

Health Insurance Premiums Act, R.S.A. 2000, c. H-6 – see Health Statutes Amendment Act, 2007, Bill 5

Public Health Act, R.S.A. 2000, c. P-37 - see Pandemic Response Statutes Amendment Act, 2007, Bill 14 and see Health Statutes Amendment Act, 2007, Bill 5 and see Child Care Licensing Act, Bill 4

Health Professions Act, R.S.A. 2000, c. H-7 – see Health Statutes Amendment Act, 2007, Bill 5

Public Service Act, R.S.A. 2000, c. P-42 – see Miscellaneous Statutes Amendment Act, 2007, Bill 44 2

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Public Service Employee Relations Act, R.S.A. 2000, c. P-43 – see Miscellaneous Statutes Amendment Act, 2007, Bill 44

Creates offences with associated penalties and administrative penalties for contraventions of the Act or regulations.

Provides a mechanism for appeal to the Environmental Appeals Board, along with limitation periods for the prosecution of offences under the Act. Creates a due diligence defence and imposes vicarious liability on corporations for the acts or omissions of their directors, officers, officials, employees or agents.

The confidentiality of “prescribed information” is protected under the Act. The Lieutenant Governor in Council is given broad regulation-making authority. The Minister is provided with the discretion to develop standards, practices, codes of practice, guidelines, objectives or methods relating to any matter which may be addressed by way of regulation under the Act. In Force: April 20, 2007; Sections 1(f), 4, 9, 60(1)(n), (o), and (p), (2) and (3) and 63 come into force on Proclamation

Public Utilities Board Act, R.S.A. 2000, c. P-45 - see Appeal Procedures Statutes Amendment Act, 2007, Bill 19 Residential Tenancies Act, S.A. 2004, c. R-17.1 – see Tenancies Statutes Amendment Act, 2007, Bill 35 Securities Act, R.S.A. 2000, c. S-4 – see Securities Amendment Act, 2007, Bill 21 Social Care Facilities Licensing Act, R.S.A. 2000, c. S-10 - see Child Care Licensing Act, Bill 4 Social Care Facilities Review Committee Act, R.S.A. 2000, c. S-11 see Child Care Licensing Act, Bill 4

Child Care Licensing Act Bill 4

Workers’ Compensation Act, R.S.A. 2000, c. W-15 – see Disaster Services Amendment Act, 2007, Bill 30

Amends: Public Health Act, R.S.A. 2000, c. P-37; Social Care Facilities Licensing Act, R.S.A. 2000, c. S-10; Social Care Facilities Review Committee Act, R.S.A. 2000, c. S-11 Summary: Provides for the licensing of child care programs and prohibits the offering of child care programs without a license.

Child care programs are defined as programs with the primary purpose of providing temporary care and supervision, by someone other than the child’s parent or guardian, to 7 or more children. Educational programs, day camps and other recreational programs, supervision programs at recreational facilities, retail centers and other commercial establishments where the parents remain on the premises, as well as residential care programs are excluded from the Act. The Act permits the Director to inspect and monitor licensed child care programs to ensure compliance with the Act as well as to take enforcement measures. The Act also provides the Director with the authority to investigate suspected unlicensed child care programs and to seek court orders as necessary to assist.

In Force: On Proclamation

Repealed Legislation Blind Persons’ Rights Amendment Act, R.S.A. 2000, c. 7 – see Service Dogs Act, Bill 203 Horned Cattle Purchases Act, R.S.A. 2000, c. H-11 – see Horned Cattle Purchases Act Repeal Act, Bill 10 Livestock Diseases Act, R.S.A. 2000, c. L-15 – see Animal Health Act, Bill 32 Minister’s Guidelines Regulation, A.R. 246/2006 – see Municipal Government Amendment Act, 2007, Bill 26 Registered Professional Technologist (Geological) and Registered Professional Technologist (Geophysical) Regulation (AR 36/2003) – see Engineering, Geological and Geophysical Professions Amendment Act, 2007, Bill 39

Health Statutes Amendment Act, 2007 Bill 5 Amends: Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20; Health Professions Act, R.S.A. 2000, c. H-7; Health Insurance Premiums Act, R.S.A. 2000, c. H-6; Mandatory Testing and Disclosure Act, S.A. 2006, c. M-3.5; Pharmacy and Drug Act, R.S.A. 2000, c. P-13; Public Health Act, R.S.A. 2000, c. P-37 Summary: Amends the Alberta Health Care Insurance Act to provide that where previously when reassessing claims the Minister could have regard to the reports or recommendations of the applicable body, the Minister now may establish a committee to prepare a report or make recommendations regarding the assessment and may have regard to any report or recommendations of that committee. The Minister may also establish a roster of practitioners and members of the public who may be appointed to committees established under that section.

Revises the procedure for examination of a practitioner’s records, and removes the requirement for the consent of the practitioner or a group of practitioners concerned. Provides for entry by any person who is employed in the administration of this Act and authorized by the Minister into the premises of any practitioner or group of practitioners to examine any books, accounts or patient records that are maintained. Permits the investigator to take extracts or copies of all of the same, as well as to make inquiries of the practitioner or other members of the group respecting the claim, payments and health services. Imposes compliance obligations on practitioners and groups.

Corrects cross-referencing errors within the Health Information Act. Amends the Health Insurance Premiums Act to provide that declarations opting out of the plan take effect on the day they are filed with the Minister and remain in effect for 36 months or until revoked. Once a declaration has been filed, neither the registrant nor his or her dependents are entitled to benefits while the declaration is in effect and are solely liable for any expenses provided during that period. The declaration may be revoked in the form prescribed by the

Detailed Listing of Bills Climate Change and Emissions Management Amendment Act, 2007 Bill 3 Amends: Climate Change and Emissions Management Act, S.A. 2003, c. C-16.7 Summary: Provides for the establishment of advisory committees and experts retained by the Minister regarding matters under this Act. Also provides that the Minister may by order designate any person as a director, an inspector, investigator or analyst for the purposes of this Act or the regulations. Provides for public complaints regarding offences under the Act and for investigations of those complaints. Inspectors are given significant powers of right of entry and inspection, including requiring production of documents and the seizing of items. Prohibits entry by investigators into private dwelling places without consent, an order or a warrant.

Gives the director the power to issue compliance orders specifying the measures that must be taken in order to effect compliance with the Act or the regulations, and provides that these compliance orders may be registered at Land Titles against the title to the land to which the order relates. Costs in enforcing compliance orders are recoverable by the Government and constitute a charge in favour of the Government on the land to which the compliance order relates and on any other land that is contiguous to the land to which the compliance order relates, used for the same or related purpose, and is owned by the person who owns the land to which the compliance order relates. Entitles the Government to recover its costs associated with pursuing a contravention of the Act in an action in debt against any person convicted of an offence under this Act. 3

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Minister and the revocation will take effect 90 days after the day on which it is filed. The Act also provides that the spouse or adult interdependent partner of a registrant who has filed a declaration can file an election to have that spouse or adult interdependent partner, and any dependents, excluded from the declaration. An election will remain in force until the declaration ceases to be in effect or until the election is revoked.

Amends the Mandatory Testing and Disclosure Act to add a definition for “Dependent Adult” to the definitional section.

Amends the definition of “Guardian” to include persons appointed under the Family Law Act, Guardians under the Child Youth and Family Enhancement Act, or Guardians appointed by virtue of the operation of the Dependent Adult Act. Amends the Pharmacy and Drug Act to provide that the Minister is empowered to declare the whole or part of a list in an enactment of Alberta or another jurisdiction, or a code, standard or list published by an organization, that designates drugs and copies which are available, to be in force with any variations specified by the Minister.

Amends the Public Health Act to provide that the Lieutenant Governor in Council can, in addition to or instead of making a regulation, declare that a code, standard, guideline or body of rules is in force if it is published and available to the public.

In Force: June 19, 2007

Summary: Amends the repayment provisions of the Income and Employment Supports Act to require repayment of assistance received if it was used for a purpose other than that for which it was provided, or if the recipient was not entitled to it. A financial administrator or third party may also be required to repay the amount of assistance received on behalf of a recipient if it was used for a purpose other than that for which it was provided, or if the recipient received the assistance as a result of a material mistake of fact or provision of false information by the financial administrator or third party. Removes the Minister’s discretion to determine that repayment is not required in exceptional circumstances.

Provides that amounts repayable are a debt due to the Government and provides steps that may be taken by the Director in order to collect any such debt due. A two year limitation period is provided for the prosecution of any offence under this Act. Also provides a right of appeal accompanied by additional powers of the appeal panel. Adds new transitional provisions.

Makes corresponding amendments to the transitional provisions of the Assured Income for the Severely Handicapped Act and other non-substantive revisions.

In Force: On Proclamation

Post-Secondary Learning Amendment Act, 2007 Bill 6

Amends: Disaster Services Act, R.S.A. 2000, c. D-13; Employment Standards Code, R.S.A. 2000, c. E-9; Government Organization Act, R.S.A. 2000, c. G-10; Public Health Act, R.S.A. 2000, c. P-37 Summary: Amends the Disaster Services Act to provide that an order in respect of a pandemic influenza expires after 90 days or when terminated by the Lieutenant Governor in Council.

Amends the Government Organization Act to provide that the Minister may authorize performance of restricted activities for the purpose of preventing, combating or alleviating a public health emergency.

Amends the Public Health Act to provide that if any order declaring a state of public health emergency is made, a Minister responsible for an enactment or, if not available, the Minister of Health and Wellness may, by order and without consultation, suspend or modify any part of an enactment if that Minister is satisfied its application or operation is not in the public interest. Provides that if the Lieutenant Governor in Council is satisfied there is a significant likelihood of pandemic influenza and prompt coordination of action is required to avert or minimize the pandemic, an authorized Minister may suspend or modify the application or operation of any enactment for which that Minister is responsible, if he or she is satisfied its application or operation may directly or indirectly unreasonably hinder or delay action required to protect the public interest.

Permits the Chief Medical Officer to impose or authorize the absence from court of persons ill with pandemic influenza or caring for family members ill with pandemic influenza.

Extends the length of a public health emergency order from 30 days to 90 days if the order is in respect of pandemic influenza.

Increases the prohibitions relating to termination for absence from employment as a result of a public health emergency.

Expands the protection from liability to include the Crown, a regional health authority, the Alberta Cancer Board and a provincial health Board established under the Regional Health Authorities Act against any person or organization acting under the name parties’ for anything done or not done in good faith and directly or indirectly related to a public health emergency.

Increases the jurisdiction of the Court to allow an application to be heard in any manner the Court considers appropriate and to provide for ex parte applications.

In Force: June 19, 2007

Pandemic Response Statutes Amendment Act, 2007 Bill 14

Amends: Post-Secondary Learning Amendment Act, S.A. 2003, c. P-19.5 Summary: Introduces criteria, to be established by regulation, that a public college or technical institute must meet in order to be eligible to establish an academic council. Provides for an extension of an individual’s term of appointment to a board if he or she is designated as chair of the board at any point during his or her second term. Creates the category of “designated land”, or land that has been donated or devised to a public post-secondary institution or its board, other than land donated by a municipality, the Government of Alberta, or the Government of Canada. Provides that a board may sell or exchange an interest in donated land without the prior approval of the Lieutenant Governor in Council.

Permits boards to lease land held by the board for more than 5 years without the prior approval of the Lieutenant Governor in Council, where the lease is to a person that will use the land for the purpose of providing support services, as defined in the regulations, to the students, faculty or staff of the public post-secondary institution.

Changes the definition of a “pooled trust fund” from 2 or more trusts to a trust fund and one or more other funds, combined for the purpose of investment. Creates a board with the ability to alter the terms and conditions of a trust to manage and encroach on the capital of trust funds.

Provides that graduate student associations can be established by order of the Lieutenant Governor in Council and no longer need to be incorporated.

In Force: April 20, 2007 Horned Cattle Purchases Act Repeal Act Bill 10 Repeals: Horned Cattle Purchases Act, R.S.A. 2000, c. H-11 Amends: Livestock Identification and Commerce Act, S.A. 006, c. L-16.2; Metric Conversion Amendment Act, R.S.A. 2000, c.

18(Supp) Summary: Repeals the Horned Cattle Purchases Act in its entirety and also repeals section 98 of the Livestock Identification and Commerce Act as well as section 4 of the Metric Conversion Amendment Act. In Force: June 19, 2007

Protection of Children Involved in Prostitution Amendment Act, 2007 Bill 15

Income and Employment Supports Amendment Act, 2007 Bill 12

Amends: Protection of Children Involved in Prostitution Act, R.S.A. 2000, c. P-28; Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12

Amends: Income and Employment Supports Act, S.A. 2003, c. I-0.5; Assured Income for the Severely Handicapped Act, S.A. 2006, c. A-45.1 4

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Judicature Amendment Act, 2007 Bill 18

Summary: Changes the title of the Protection of Children Involved in Prostitution Act to the Protection of Sexually Exploited Children Act, and adds sexual exploitation as a concept from which children who are involved in prostitution also require protection. Revisions are made to reflect the position of the Child and Youth Advocate, which replaces the nearest office of the Legal Aid Society of Alberta.

The ban on publication provision is amended to reflect the terms of the ban contained in the Child Youth Family Enhancement Act, in that, subject to a few exceptions, it is an offence to publish any information serving to identify a child who has come to the Minister’s or a Director’s attention under the Act, or any information serving to identify the guardian of the child. The maximum possible fine for breaching the publication restrictions is increased to $10,000.00.

Adds services by providing the Director may continue to provide a person who has reached the age of 18 with services if that individual was the subject of an agreement immediately before attaining the age of 18 years, for a limited period and purpose, and on conditions provided for in the regulations.

In Force: On Proclamation

Amends: Judicature Act, R.S.A. 2000, c. J-2 Summary: Provides a definition of vexatious proceedings and permits the Court to act on application, or on its own motion, to make a vexatious proceedings order against any individual or entity associated with a person against whom a vexatious proceedings order was made. Provides that an order under this part cannot be made against a member of the Law Society of Alberta, or a person authorized under section 48 of the Legal Profession Act, when that person is acting as counsel for another person.

Provides that subject to the right to appeal an order made, the Court of Appeal or the Court of Queen’s Bench may make the order binding on the Court of Appeal, the Court of Queen’s Bench, or the Provincial Court, but an order made by the Provincial Court is only binding on that Court. Leave to institute or continue a proceeding in a Court in which a vexatious order has been made may be granted if the Court is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.

In Force: June 19, 2007

Police Amendment Act, 2007 Bill 16

Appeal Procedures Statutes Amendment Act, 2007 Bill 19

Amends: Police Act, R.S.A. 2000, c. P-17 Summary: Provides the Minister with the ability to, where there is an incident or complaint relating to serious injury or death that may have resulted from the actions of a police officer, direct the head of an integrated investigative unit to conduct an investigation into the incident or complaint, which may include taking over an on-going investigation at any stage. Provides for reporting to the Minister and the possible referral of the matter to the Minister of Justice, the chief of police, or the commission, depending on the nature of the offence or contravention.

Provides the Minister with the ability to establish an integrated investigative unit and authorize it to act as another police service for the purpose of conducting an investigation into an incident of injury or death that may have resulted from the actions of a police officer, as well as to designate a head of the investigative unit and appoint special constables as investigators. The person appointed as the head of the unit is deemed to be a chief of police and any person acting as an investigator is deemed to be a police officer, for the purposes of the investigation.

Provides that the Minister may make resolutions governing the establishment and operation of integrated investigative units.

Where applicable, “special constables” is replaced with “peace officers appointed under the Peace Officer Act”, on the coming into force of the Peace Officer Act. In Force: On April 20, 2007; with exceptions coming into force on Proclamation

Amends: Agricultural Operation Practices Act, R.S.A. 2000, c. A-7; Alberta Energy and Utilities Board Act, R.S.A. 2000, c. A-17; Electric Utilities Act, R.S.A. 2000, c. E-5.1; Energy Resources Conservation Act, R.S.A. 2000, c. E-10; Municipal Government Act, R.S.A. 2000, c. M-26; Natural Resources Conservation Board Act, R.S.A. 2000, c. N-3; Public Utilities Board Act, R.S.A. 2000, c. P-45 Summary: Amends the Agricultural Operation Practices Act to provide that applications for leave to appeal must be filed and served within 30 days after the decision appealed from, or within a further period of time granted by the Judge. Notice of an application for leave to appeal must be given to all directly affected parties, and to the Board.

Requires that if an applicant requests materials from the Board for the purpose of the application for leave to appeal, they must be provided within 14 days from the date on which the request was received.

Provides that an applicant shall not request a transcript of the hearing, but the Court of Appeal may request one if necessary to determine the application. Extends the time for the Board to forward its records to the Registrar from 25 to 30 days. Provides that the appeal will proceed in accordance with the Practice and Procedure of the Court of Appeal of Alberta and requires notice of the appeal be given to all affected parties and to the tribunal chair.

Similar amendments are made to the Alberta Energy and Utilities Board Act, the Electric Utilities Act, the Energy Resources Conservation Act, the Municipal Government Act, the Natural Resources Conservation Board Act, and the Public Utilities Board Act. Amends the Public Utilities Board Act to provide that notwithstanding the commencement of an appeal, an order, decision, rule or regulation of the Board takes effect at the time prescribed therein unless suspended by the Board. Prohibits the introduction of new evidence on appeal and permits the Court of Appeal to draw inferences as necessary. Confirms the powers of the Court on appeal and permits re-consideration by the Board.

In Force: April 20, 2007

Limitation Statutes Amendment Act, 2007 Bill 17 Amends: Limitations Act, R.S.A. 2000, c. L-12; Land Titles Act, R.S.A. 2000, c. L-4 Summary: Revises the applicable limitation period for claims for recovery of possession of real property. Provides for an acknowledgment in writing of title to real property prior to the expiry of the 10 year limitation period and deems possession to have been given by the person by whom the acknowledgment was made.

Imposes an ultimate 10 year limitation period on the right to recover possession of real property for claimants who acquired title as donees. Amends the conflict of laws section to provide that while the limitations law of Alberta applies to proceedings for a remedial order that are commenced or are sought to be commenced in Alberta, if the proceeding is to be determined in accordance with the law of another jurisdiction, and the law of that jurisdiction provides for a shorter limitation period than that provided by the limitations laws of Alberta, the shorter limitation period will apply.

Amends the possession of land (section 74) and discharging mortgages or encumbrances (section 106) sections of the Land Titles Act to replace references to “the Limitation of Actions Act, R.S.A. 1980, c. L-15” with “an immunity from liability established under the Limitations Act”.

In Force: June 19, 2007

Appropriation (Supplementary Supply) Act, 2007 Bill 20 Amends: None Summary: Provides for the appropriation of funds from the General Revenue Fund for expenses and equipment/inventory purchases for the fiscal year ending March 31, 2007 and for the transfer of funds from the capital investment vote of the Department of Infrastructure and Transportation to the capital investment vote of the Department of Service Alberta.

In Force: March 23, 2007 Securities Amendment Act, 2007 Bill 21 Amends:

Securities Act, R.S.A. 2000, c. S-4

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Summary: Provides new definitions of “adviser”, “advising in securities or exchange contracts”, “dealer” and “dealing in securities or exchange contracts”. Substitutes references to “advisor” with “adviser”. Expands the deemed insider provisions to all officers, beyond the previous limitation to “senior” officers. Provides the Executive Director with the authority to initiate an investigation to assist in the administration of the securities or exchange contract laws in other jurisdictions. Simplifies the registration requirements provision. Incorporates a duty of care for registrants to act fairly, honestly and in good faith. Permits the Executive Director to suspend or terminate a registration if in the public interest. Repeals the section permitting a registered dealer from acting as a principal in a trade to someone other than another registered dealer and requiring a statement regarding the registered dealer’s role as principal. Repeals the section requiring a registered advisor to print a full and complete interest statement on all material issued in relation to a security transfer. Repeals the previous requirement for a registered dealer to advertise underwriting liabilities, provision of financial advice or fees to be received in association with a recommended security transfer. Creates a civil remedy for a purchaser in a case of misrepresentation, regardless of whether or not there was reliance on that misrepresentation. Modifies the incorporation by reference provision and makes other clarifying amendments throughout the Act. In Force: April 20, 2007; Sections 2(a), (c) to (e) and (g), 5 to 12, 14 to 16, 18 and 23(a), (b) and (d) come into force on Proclamation.

Gives the Minister the authority to make regulations respecting the practice and procedure of the Land Compensation Board proceedings and respecting costs. These changes only apply in respect of public works and structures for which a Construction Completion Certificate is issued after the coming into force of this section.

Corrects references to the Minister of Infrastructure and Transportation. Makes consequential amendment to the Highways Development and Protection Act. In Force: June 14, 2007; Section 2 deemed to have come into force on January 1, 1995 Emblems of Alberta Amendment Act, 2007 Bill 27 Amends: Emblems of Alberta Act, R.S.A. 2000, c. E-6 Summary: Expands the definition of “official emblem” to include an Alberta symbol of distinction. Permits the Lieutenant Governor in Council to prescribe anything as an Alberta symbol of distinction that symbolically represents or recognizes a cultural group that has contributed to Alberta’s culturally diverse society.

In Force: April 20, 2007 Provincial Court Amendment Act, 2007 Bill 28 Amends: Provincial Court Act, R.S.A. 2000, c. P-31 Summary: Amends the Act to provide that a judge who has been reappointed as a full-time judge pursuant to s. 9.23 may be appointed as a part-time judge upon retirement as a full-time judge, if the appointment will enhance the efficient and effective administration of the Court and the request is made in accordance with and subject to the criteria established by the Chief Judge and approved by the Judicial Council.

Alberta Investment Management Corporation Act Bill 22 Amends: Financial Administration Act, R.S.A. 2000, c. F-12; Government Organization Act, R.S.A. 2000, c. G-10 Summary: Establishes the Alberta Investment Management Corporation (AIMC), the purpose of which is to provide investment management services to designated entities which are determined by Order of the Minister. Provides that the AIMC is an agent of the Crown in Right of Alberta and the share capital of the corporation consists of one share which is owned by the Crown. The AIMC’s board of directors is appointed by the Lieutenant Governor in Council and will manage and supervise the business and affairs of AIMC. In Force: On Proclamation

Makes consequential amendments to reflect this manner of appointment.

Changes the previous requirement for a part-time judge to serve two 3 month periods sitting on a full-time basis during each year of his or her term to provide that a part-time judge must serve the equivalent of six months of full-time service during the year or the equivalent of three months of full-time service for appointments made as above.

In Force: April 20, 2007

Appropriation (Interim Supply) Act, 2007 Bill 25

Farm Implement Amendment Act, 2007 Bill 29

Amends: None Summary: Provides for the appropriation of funds from the General Revenue Fund for expenses and equipment/inventory purchases, capital investments, non-budgetary disbursements and lottery fund payments of the Legislative Assembly and the Public Service of Alberta, for the fiscal year ending March 31, 2008.

In Force: March 23, 2007

Amends: Farm Implement Act, R.S.A. 2000, c. F-7 Summary: Excludes financial institutions entering into financial leases or lease purchase agreements from the definition of “dealer”.

Provides definitions for financial institution, financial lease and financial lease-purchase agreement. Amends the definition of purchaser to remove the criteria of “farmer” and to incorporate a person who purchases or leases a farm implement. Includes financial leases and financial lease-purchase agreements into the requirements to provide serial numbers. Deems financial leases and financial lease-purchase agreements through financial institutions to be subject to the same obligations, warranties, and application of the Act as leases made directly between a purchaser and a dealer. Imports a notice requirement to dealers when financial institutions acquire farm implements at the request of purchasers. Extends the warranty generally available to leases directly with the dealership to a financial lease or a financial leasepurchase agreement. Prohibits a financial institution from leasing a farm implement or offering a farm implement for lease under a financial lease or a financial lease-purchase agreement unless it was obtained from a dealer. Makes other consequential amendments respecting the introduction of the financial lease, financial lease-purchases and leasepurchase concepts.

In Force: On Proclamation

Municipal Government Amendment Act, 2007 Bill 26 Amends: Municipal Government Act, R.S.A. 2000, c. M-26; Highways Development and Protection Act, S.A. 2004, c. H-8.5 Repeals: Minister’s Guidelines Regulation, A.R. 246/2006 Summary: Provides that the Minister may, by order, establish guidelines respecting any matter that could be addressed by regulation, and exempts any such guideline from the application of the Regulations Act. Requires publication of notice of these guidelines in the Alberta Gazette. Provides a definition of “Minister’s Guidelines”.

Provides a definition for “injurious affection”, meaning the permanent reduction in appraised value of land that occurs as a result of the existence of a public work or structure for which a municipality would have been liable if its existence had not occurred under the authority of a statute. Requires notice to be provided within one year after the construction or erection of a public work or structure, including provision of information regarding claims for compensation and deadlines, as outlined in the Act. Provides conditions for entitlement to compensation for injurious affection. Provides for binding arbitration or determination by the Land Compensation Board if the municipality and claimant cannot agree on the amount of compensation.

Disaster Services Amendment Act, 2007 Bill 30 Amends: Disaster Services Act, R.S.A. 2000, c. D-13; Local Authorities Election Act, R.S.A. 2000, c. L-21; Workers’ Compensation Act, R.S.A. 2000, c. W-15 Summary: Changes the title of the Disaster Services Act to the Emergency Management Act. Replaces references to cities, towns, 6

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villages and municipal districts with “municipality within the meaning of the Municipal Government Act”. Provides for delegation by the Minister to the Managing Director. Creates the Alberta Emergency Management Agency as part of the public service of Alberta. Replaces references to “Deputy Minister” with “Managing Director”. Replaces “disaster services” references with “emergency management”. Makes consequential amendments to the Local Authorities Election Act and the Workers’ Compensation Act. In Force: June 14, 2007

Town of Bashaw and Village of Ferintosh Water Authorization Act Bill 33 Amends: None Summary: Permits transfer of water between the South Saskatchewan River Basin and the North Saskatchewan River Basin in maximum amounts of 55.8 cubic decametres annually, to address the Village of Ferintosh’s problems with a shortage of groundwater supply.

In Force: June 14, 2007

Animal Health Act Bill 32

Tenancies Statutes Amendment Act, 2007 Bill 34

Amends: Agricultural Service Board Act, R.S.A. 2000, c. A10; Livestock Industry Diversification Act, R.S.A. 2000, c. L-17; Pharmacy and Drug Act, R.S.A. 2000, c. P-13 Repeals: Livestock Diseases Act, R.S.A. 2000, c. L-15 Summary: Creates the categories of “reportable disease”, which is a disease that, in the opinion of the chief provincial veterinarian, requires the implementation of control measures or eradication measures to minimize the risk of spreading, and “notifiable disease”, which is a disease that, in the opinion of the chief provincial veterinarian, requires monitoring for a number of possible reasons.

Provides for the appointment by the Minister of a registered veterinarian as the chief provincial veterinarian and bestows significant powers on this position. Also provides for the appointment of inspectors and gives them various powers pursuant to the Act. Creates a duty to report an animal with a reportable or notifiable disease. Provides for the examination of both live and dead animals in relation to a reportable disease. Gives the chief provincial veterinarian the power to issue a quarantine order with any terms and conditions he or she deems necessary to minimize the risk of the reportable disease spreading. Creates an offence for the failure to comply with the terms and conditions of a quarantine order. Provides for increased powers of inspectors during a quarantine order and provides the chief provincial veterinarian with the authority to establish a surveillance zone with a maximum radius of 10 kilometres around any quarantined premises as well as to issue a surveillance zone order in accordance with any terms and conditions he or she deems necessary for monitoring the surveillance zone. Creates an offence for failing to comply with the terms and conditions of a surveillance zone order.

Permits the destruction of animals and other property by order of the chief provincial veterinarian under a number of enumerated circumstances. Provides for compensation to owners.

Provides for the establishment of a control zone to minimize the risk of a reportable disease entering Alberta, to protect a disease-free zone if a reportable disease is present in Alberta, or to contain a specific reportable disease within any region in Alberta. Permits the chief provincial veterinarian to conduct broad examinations, require actions of owners, restrict movement of animals and transport vehicles, impose conditions, enforce precautions, and impose any other restriction or requirement he or she considers necessary. Provides that a failure to comply with the terms and conditions of a control zone order is an offence.

Provides broad powers of inspection and record production to inspectors and persons assisting them. Provides an appeal procedure for persons affected by decisions made under the Act. Provides for the establishment of biosecurity measures by the Minister for general disease control or for specific diseases. Provides that the Minister may establish a traceability system which will include the information outlined in the Act and the regulations. Prohibits sale of an animal with a reportable disease, or any animal that may have been exposed to a disease-causing agent for a reportable disease.

Creates offences for the contravention of, or failure to comply with, enumerated provisions of the Act, and imposes penalties including fines and imprisonment. Gives both the Lieutenant Governor in Council and the Minister the power to make regulations on enumerated topics. Provides that matters initiated under the Livestock Diseases Act continue under this Act and makes consequential amendments to other affected legislation.

In Force: On Proclamation

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Amends: Residential Tenancies Act, S.A. 2004, c. R-17.1; Mobile Home Sites Tenancies Act, R.S.A. 2000, c. M-20 Summary: Makes it an offence for a Landlord to fail to give the minimum notice period required under the Act and imposes a fine of not more than $5,000.00 for this offence. Increases the fine under s. 1(5)(b) from $5,000.00 to $10,000.00. Provides that a Landlord may not increase rent unless the prescribed amount of time has passed and imposes a minimum one year period between rent increases. Provides for modification of the notice periods by regulation.

Amends the Mobile Home Sites Tenancies Act to provide that a Landlord who fails to give the minimum required notice when terminating a tenancy is guilty of an offence and imposes a fine of not more than $5,000.00. Also permits the Minister to make regulations regarding notice periods and the amount of time that must pass between increases in rent for both fixed and periodic tenancies.

In Force: April 24, 2007 Engineering, Geological and Geophysical Professions Amendment Act, 2007 Bill 39 Amends: Engineering, Geological and Geophysical Professions Act, R.S.A. 2000, c. E-11 Repeals: Registered Professional Technologist (Geological) and Registered Professional Technologist (Geophysical) Regulation (AR 36/2003) Summary: Amends the definitional sections of the Act. Creates a Joint Councils Committee, to be comprised of members from both the Executive Committee Council and the ASET Council, to discuss proposed amendments to the Act or regulations, provide a forum for discussion, collaboration and coordination with respect to matters of mutual interest, and to perform other functions as prescribed by the legislation. Adds “professional licensee (engineering)” and “professional licensee (geophysical)” to the protected titles under the Act. Provides that regulations regarding: the designation of classes of persons; respecting titles that may be used; regarding the necessary academic and other qualifications, and other matters, may only be made by the Council. Repeals former Parts 7 & 8 and enacts the professional licenses provisions.

Prohibits anyone from engaging in the practice of engineering, geology or geophysics who is not a professional licensee acting in accordance with the scope of practice as specified by the Board of Examiners. Provides a requirement for the application for registration of professional licensees. Establishes the roles, powers and responsibilities of ASET, the Association of Science, Engineering & Technology Professionals of Alberta, joint Boards and Committees, professional technologists and other ASET members. Protects the use of “ASET” and imposes duties and obligations on ASET’s Council including regulatory and bylaw making authority. Establishes a number of Joint Boards and Committees including the Joint Practice Review Board, the Joint Appeal Board, the Joint Professional Technologists Regulation Committee, the Joint Discipline Committee, the Joint Board of Examiners, and the Joint Board Investigators Committee, and provides for the duties, powers, obligations, and governance of these Boards.

Prohibits professional technologists from engaging in the practice of engineering, geology or geophysics except within the scope of practice specified by the Joint Board of Examiners. Provides registration requirements for professional technologists. Imposes disciplinary provisions, and creates a register for certified engineering

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Appropriation Act, 2007 Bill 43 Amends: None Summary: Provides for payments from the General Revenue Fund towards defraying the charges and expenses of the Legislative Assembly and the Public Service of Alberta for equipment/inventory purchases, capital investments, non-budgetary disbursements and lottery fund payments for the fiscal year ending March 31, 2008.

Also provides for transfers by the Minister of Infrastructure and Transportation from the Expense and Equipment/Inventory Purchases vote administered by the Minister of Infrastructure and Transportation to the Capital Investment vote administered by the Minister of Infrastructure and Transportation. Requires that all money expended under the Act be accounted for.

In Force: June 19, 2007

LEGISLATIVE REVIEW COMMITTEE E. Mirth, Q.C. – Chairman C. R. Head – Secretary Bill Ranson – Calgary Chairman E. Mirth, Q.C. – Legislative Officer With thanks to Amy Zarzecny

E. (Sonny) Mirth, Q.C.

technologists and any other class or category of membership in ASET. Provides for the discipline of regulated members via the ASET Discipline Committee and for investigations conducted by the ASET Investigative Committee. Imposes practice prohibitions and penalties for persons breaching provisions under the Act. In Force: On Proclamation

Miscellaneous Statutes Amendment Act, 2007 Bill 44

Service Dogs Act Bill 203 Amends: Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 Repeals: Blind Persons’ Rights Amendment Act, R.S.A. 2000, c. 7 Summary: Provides that it is an offence to deny a disabled person accommodation, services or facilities generally available to the public, or occupancy of a self-contained dwelling unit, or to discriminate against any person with respect to these matters, for the reason that he or she is accompanied by a service dog or a service dog in training. Provides for the issuance of identification cards by the Minister to provide evidence of whether or not a disabled person and his or her service dog qualify for the protection of the Act. In Force: January 1, 2009

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.

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

Bill Ranson

Amends: Forest and Prairie Protection Act, R.S.A. 2000, c. F-19; Public Service Act, R.S.A. 2000, c. P-42; Public Service Employee Relations Act, R.S.A. 2000, c. P-43 Summary: Amends the Public Service Act so that the phrase “personal administration office” is replaced with “corporate human resources”. References to “personnel” are replaced with “human resource”.

Makes a corrective amendment to the Forest and Prairie Protection Act in relation to s. 2(b) and its reference to fire control agreements.

In Force: June 14, 2007

CALGARY COMMITTEE Bill Ranson - 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. Robert Omura Ex Officio: Jack Dunphy, Q.C. H.A. Robertson, Q.C.