Legislative Summary | Fall 2012

28th Legislature Legislature 27th First Session Third Session Fourth Fall 2012 Spring 2010 2011

LEGISLATIVE REVIEW SUMMARY Fall 2012 - 28th Legislature - 1st Session HIGHLIGHTS The 2012 Fall Session of the Legislature resulted in the passage of the following ten (10) government Bills:

BILLS PASSED WERE: 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Workers’ Compensation Amendment Act, 2012, S.A. 2012, c. 8 Responsible Energy Development Act, S.A. 2012, c. R-17.3 Education Act, S.A. 2012, c. E-0.3 Public Interest Disclosure (Whistleblower Protection) Act, S.A. 2012, c. P-39.5 New Home Buyer Protection Act, S.A. 2012, c. N-3.2 Protection and Compliance Statutes Amendment Act, S.A. 2012, c. 7 Election Accountability Amendment Act, S.A. 2012, c. 5 Electric Utilities Amendment Act, S.A. 2012, c. 6 Alberta Corporate Tax Amendment Act, S.A. 2012, c. 4 Employment Pension Plans Act, S.A. 2012, c. E-8.1

The Education Act was passed in its third iteration (in as many sessions) and some interesting private member Bills such as the Employment Standards (Compassionate Care Leave) Amendment Act, Tobacco Reduction (Flavoured Tobacco Products) Amendment Act, and Seniors’ Advocate Act received first readings. On November 19, 2012, the Committee of the Whole introduced and agreed to some amendments and thereafter adjourned the Scrap Metal Dealers and Recyclers Identification Act.

AMENDED LEGISLATION • • • • • • • • • • • • • • • • • • • • • • • • • • • •

Alberta Capital Finance Authority Act, R.S.A. 2000, c. A-14.5 Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 Alberta Evidence Act, R.S.A. 2000, c. A-18 Alberta Human Rights Act, R.S.A. 2000, c. A-25.5 Alberta School Boards Association Act, R.S.A. 2000, c. A-32 Auditor General Act, R.S.A. 2000, c. A-46 Commissioner for Oaths Act, R.S.A. 2000, c. C-20 Conflicts of Interest Act, R.S.A. 2000, c. C-23 Election Act, R.S.A. 2000, c. E-1 Election Finances and Contributions Disclosure Act, R.S.A. 2000, c. E-2 Electric Utilities Act, S.A. 2003, c. E-5.1 Electronic Transactions Act, S.A. 2001, c. E-5.5 Employment Standards Code, R.S.A. 2000, s. 109(5) Fair Trading Act, R.S.A. 2000, c. F-2 Financial Administration Act, R.S.A. 2000, c. F-12 Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25 Insurance Act, R.S.A. 2000, c. I-3 Local Authorities Election Act, R.S.A. 2000, c. L-21 Maintenance Enforcement Act, R.S.A. 2000, s. 17.1(1)(d) Occupational Health and Safety Act, R.S.A. 2000, c. O-2 Personal Information Protection Act, S.A. 2003, c. P-6.5 Public Section Pension Plans Act, R.S.A. 2000, c. P-41 Public Service Act, R.S.A. 2000, c. P-42 Public Service Employee Relations Act, R.S.A. 2000, c. P-43 Safety Codes Act, R.S.A. 2000, c. S-1 Security Services and Investigators Act, S.A. 2008, c. S-4.7 Senatorial Selection Act, R.S.A. 2000, c. S-5 Workers’ Compensation Act, 2012, R.S.A. 2012, C-N-15 2

REPEALED LEGISLATION • • • • • • • • •

Employment Pension Plans Act, R.S.A. 2000, c. E-8 Energy Resources Conservation Act, R.S.A. 2000, c. E-10 Miscellaneous Statutes Amendment Act, 2005, S.A. 2005, c. 28, s.10 Public Trustee Act, S.A. 2004, s. 7.1 School (Compulsory Attendance)Amendment Act, 2003, S.A. 2003, c. 9 School Act, R.S.A. 2000, c. S-3 School Amendment Act, R.S.A. 2000, c. 30 Teachers’ Pension Plans Act, R.S.A. 2000, c. T-1 Unclaimed Personal Property and Vested Property Act, S.A. 2007, c. U-1.5

DETAILED LISTING OF BILLS Bill 1 Workers’ Compensation Amendment Act, S.A. 2012, c. 8 Amends:

The Workers’ Compensation Act, R.S.A. 2000, c. W-15

Summary: The Workers’ Compensation Amendment Act introduces the presumption that Post-Traumatic Stress Disorder (PTSD) suffered by Emergency Medical Technicians, Firefighters, Peace Officers or Police Officers who have been diagnosed by a physician or psychologist, is an injury that arose out of or occurred during the course of the worker’s employment in response to a traumatic event or a series of traumatic events to which the person was exposed during the course of his duties and to assist such person with obtaining treatment.

In Force:

December 10, 2012.

Bill 2 Responsible Energy Development Act, S.A. 2012, c. R-17.3 Amends:

• Alberta Public Agencies Governance Act, S.A. 2009, c. A-31.5 • Coal Conservation Act, R.S.A. 2000, c. C-17 • Conflicts of Interest Act, Part 3, R.S.A. 2000, c. C-23 • Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 • Gas Distribution Act, R.S.A. 2000, c. G-3 • Gas Resources Preservation Act, R.S.A. 2000, c. G-4 • Gas Utilities Act, R.S.A. 2000, c. G-5 • Metis Settlements Act, R.S.A. 2000, c. M-14 • Mines and Minerals Act, R.S.A. 2000, c. M-17 • Municipal Government Act, R.S.A. 2000, c. M-26 • Natural Resources Conservation Board Act, R.S.A. 2000, c. N-3 • Oil and Gas Conservation Act, R.S.A. 2000, c. O-6 • Oil and Gas Conservation Amendment Act, R.S.A. 2000, c. 24 • Oil Sands Conservation Act, R.S.A. 2000, c. O-7 • Petroleum Marketing Act, R.S.A. 2000, c. P-10 • Pipeline Act, R.S.A. 2000, c. P-15 • Public Lands Act, R.S.A. 2000, c. P-40 • Public Service Employee Relations Act, R.S.A. 2000, c. P-43 • Public Utilities Act, R.S.A. 2000, c. P-45 • Rural Electrification Loan Act, R.S.A. 2000, c. R-19 • Rural Electrification Long-term Financing Act, R.S.A. 2000, c. R-20 • Small Power Research and Development Act, R.S.A. 2000, c. S-9 3

• • • •

Surface Rights Act, R.S.A. 2000, c. S-24 Turner Valley Unit Operations Act, R.S.A. 2000, c. T-9 Water Act, R.S.A. 2000, c. W-3 Water, Gas and Electric Companies Act, R.S.A. 2000, c. W-4

Repeal • Energy Resources Conservation Act, R.S.A. 2000, c. E-10 Summary:

The Responsible Energy Development Act streamlines the process for approving oil and gas projects and creates a single regulator for oil, gas, oil sands and coal. The Alberta Energy Regulator (the “Regulator”) will assume the regulatory functions of the Energy Resources Conservation Board, Alberta Energy, Alberta Environment and Alberta Sustainable Resource Development.

The Regulator is mandated with providing “for the efficient, safe, orderly and environmentally responsible development of energy resources in Alberta”, and with regard to energy resource activities, to regulate “the disposition and management of public lands”, “the protection of the environment” and “the conservation and management of water, including the wise application and use of water”.

The Regulator is a corporation and although it assumes the powers, duties and functions of the Government or Crown in respect of energy resource activities as set out in enactments, it is not an agent of the Crown. As such, the Public Service Act does not apply to the Regulator nor its staff. Its powers are broad and largely discretionary and its decisions are excluded from judicial review. Its decisions are only appealable to the Court of Appeal with leave, within specified timelines and on questions of jurisdiction or law. The Regulator, in conducting its hearings, is not bound by the rules of evidence.

The Responsible Energy Development Act overrides terms and conditions of registered private surface agreements which conflict with Part 3 of the Act. Limitation periods apply to contravention or non-compliance with an ALSA Regional Plan, the Responsible Energy Development Act or an energy resource enactment.

In Force:

On Proclamation, with the exception of Section 84.

Bill 3 Education Act, S.A. 2012, c. E-0.3 Amends:

• Alberta Capital Finance Authority Act, R.S.A. 2000, c. A-14.5 • Alberta Evidence Act, R.S.A. 2000, c. A-18 • Alberta Human Rights Act, R.S.A. 2000, c. A-25.5 • Alberta School Boards Association Act, R.S.A. 2000, c. A-32 • Commissioner for Oaths Act, R.S.A. 2000, c. C-20 • Election Act, R.S.A. 2000, c. E-1 • Election Finances and Contributions Disclosure Act, R.S.A. 2000, c. E 2 • Fiscal Responsibility Act, S.A. 2009, c. F-15.1 • Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25 • Government Organization Act, R.S.A. 2000, c. G-10 • Health Insurance Premiums Act, R.S.A. 2000, c. H-6 • Irrigation Districts Act, R.S.A. 2000, c. I-11 • Jury Act, R.S.A. 2000, c. J-3 • Labour Relations Code, R.S.A. 2000, c. L-1 • Libraries Act, R.S.A. 2000, c. L-11 4

• • • • • • • • • • • •

Local Authorities Election Act, R.S.A. 2000, c. L-21 Metis Settlements Act, R.S.A. 2000, c. M-14 Municipal Debentures Act, R.S.A. 2000, c. M-25 Municipal Government Act, R.S.A. 2000, c. M-26 Northland School Division Act, R.S.A. 2000, c. N-5 Parks Towns Act, R.S.A. 2000, c. P-2 Public Health Act, R.S.A. 2000, c. P-37 Public Lands Act, R.S.A. 2000, c. P-40 Public Utilities Act, R.S.A. 2000, c. P-45 Regulations Act, R.S.A. 2000, c. R-14 St. Albert and Sturgeon Valley School Districts Establishment Act, S.A. 2011, c. S-1.5 Teaching Profession Act, R.S.A. 2000, c. T-2

Repeals: • School Act, R.S.A. 2000, c. S-3 • School Amendment Act, R.S.A. 2000, c. 30 • School (Compulsory Attendance)Amendment Act, 2003, S.A. 2003, c. 9 • Miscellaneous Statutes Amendment Act, 2005, S.A. 2005, c. 28, s.10 Summary:

This legislation overhauls the education system and given its broad scope, the Committee recommends that practitioners in this area review the Act in its entirety to ascertain its implications.

In Force:

On Proclamation.

Bill 4 Public Interest Disclosure (Whistleblower Protection) Act, S.A. 2012, c. P-39.5 Amends:

• Auditor General Act, R.S.A. 2000, c. A-46 • Conflicts of Interest Act, R.S.A. 2000, c. C-23 • Electronic Transactions Act, S.A. 2001, c. E-5.5 • Financial Administration Act, R.S.A. 2000, c. F-12 • Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25 • Personal Information Protection Act, S.A. 2003, c. P-6.5 • Public Service Act, R.S.A. 2000, c. P-42 • Public Service Employee Relations Act, R.S.A. 2000, c. P-43 • Security Services and Investigators Act, S.A. 2008, c. S-4.7 Summary:

The Public Interest Disclosure (Whistleblower Protection) Act establishes a formal process to facilitate the disclosure of wrongdoing by employees of governmental departments and offices of the Legislature as well as public entities, without reprisal, as well as the process for conducting investigations into such wrongdoings.

In addition to employees, the Public Interest Disclosure (Whistleblower Protection) Act protects members of the public who report wrongdoings, from reprisal connected to the reporting of a wrongdoing.

Wrongdoing includes violations of Provincial or Federal law; actions or omissions which create substantial and specific danger to public health, safety or the environment, gross mismanagement of public funds or assets, or counselling any person to do any of the above.

To facilitate compliance with the Act, the Public Interest Disclosure (Whistleblower Protection) Act creates an office of the Legislature to be known as the Public Interest Commissioner and sets out responsibilities and guidelines for 5

the Commissioner. The Commissioner will be responsible for reviewing disclosures received, investigating where appropriate, and making recommendations where reprisals of wrongdoing have been established. Proceedings by the Commissioner are not subject to challenge, review or question by the Court except on the ground of lack of jurisdiction.

In Force:

On Proclamation.

Bill 5 New Home Buyer Protection Act, S.A. 2012, c. N-3.2 Amends:

•

Insurance Act, R.S.A. 2000, c. I-3

Summary:

The New Home Buyer Protection Act mandates warranty coverage for new homes constructed under a building permit in four key areas: 1.

One (1) year on materials and labour;

2.

Two (2) years on delivery and distribution systems;

3.

Five (5) years building envelope coverage; and

4.

Ten (10) years coverage on major structural components such as foundation and framing.

Compliance Officers are appointed under the New Home Buyer Protection Act and administrative penalties may be imposed for non-compliance or contravention of the Act. In Force:

On Proclamation.

Bill 6 Protection and Compliance Statutes Amendment Act, S.A. 2012, c. 7 Amends:

• Fair Trading Act, R.S.A. 2000, c. F-2 • Occupational Health and Safety Act, R.S.A. 2000, c. O-2 • Safety Codes Act, R.S.A. 2000, c. S-1 Summary:

The Protection and Compliance Statutes Amendment Act amends the Safety Codes Act, the Fair Trading Act, and the Occupational Health and Safety Act, by adding new administrative penalties, strengthening existing penalties, and significantly increasing the fines that may be levied against persons who contravene those Acts.

In Force:

Various dates.

Bill 7 Election Accountability Amendment Act, S.A. 2012, c. 5 Amends:

• Election Act, R.S.A. 2000, c. E-1 • Election Finances and Contributions Disclosure Act, R.S.A. 2000, c. E-2 • Local Authorities Election Act, R.S.A. 2000, c. L-21 • Senatorial Selection Act, R.S.A. 2000, c. S-5 6

Summary:

The Election Accountability Amendment Act introduces changes to the above Acts including: 1.

Students are considered to be ordinarily resident in one of:

a. the place where they were resident before commencing their studies outside Alberta; or

b. their place of residence in Alberta;

2.

Persons who are 16 or 17 years of age may be appointed as poll clerks, but not as deputy returning officers;

3.

Poll clerks, other election officers and the deputy returning officer may move a ballot box to some other place on the polling site in order to accommodate a person who is physically incapacitated; and

4.

Telephone advertisements must display the telephone number of the caller, state the sponsors’ party affiliation at the beginning of the advertisement and state the telephone number of the advertisement sponsor at the end of the advertisement.

In Force:

Various dates.

Bill 8 Electric Utilities Amendment Act, S.A. 2012, c. 6 Amends:

•

Electric Utilities Act, S.A. 2003, c. E-5.1

Summary:

The Electric Utilities Amendment Act removes the Government’s power to approve future critical transmission infrastructure. All future transmission infrastructure projects will require need and routing approval from the Alberta Utilities Commission.

In Force:

December 10, 2012.

Bill 9 Alberta Corporate Tax Amendment Act, 2012, S.A. 2012, c. 4 Amends:

•

Alberta Corporate Tax Act, R.S.A. 2000, c. A-15

Summary:

One change to the Alberta Corporate Tax Act is an enhancement to the scientific research and experimental development (SR&ED) tax credit.

In Force:

Various dates.

Bill 10 Employment Pension Plans Act, S.A. 2012, c. E-8.1 Amends:

• Employment Standards Code, R.S.A. 2000, s. 109(5) • Maintenance Enforcement Act, R.S.A. 2000, s. 17.1(1)(d)

•

Public Service Pension Plans Act, R.S.A. 2000, c. P-41

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Another change in the new Employment Pension Plans Act deals with vesting, which is the entitlement of a member to the benefits promised under the pension plan. The timing for qualifying for vesting has been changed from two years of plan membership to immediate vesting. Tied to this is a change to the locking-in requirement, which restricts members’ access to pension funds.

In Force:

On Proclamation.

COMPLETE LEGISLATIVE SUMMARY SURVEY TO ENTER DRAW FOR VISA GIFT CARD The Alberta Branch is seeking your input to determine if you would prefer to read your legislative summary online. Complete a quick survey at www.surveymonkey.com/s/P37FKPB and receive an entry into a draw for a $200 Visa gift card.

Kevin P. Feehan, QC Legislative Officer C. R. Head – Secretary

Edmonton Committee Jason Banack Louis M.H. Belzil, QC Robert M. Curtis, QC Nigel Forster Frank Friesacher Melissa Gorrie Darin Hannaford Christopher R. Head Karen Hewitt Nancy Jacobsen Anne Kaplan Omolara Oladipo Will S. Randall II Mark A. Saxton Melissa Timbres Nate Whitling Alexander Witt Debbie A. Yungwirth Lillian H. Yeung

At the end of each legislative session, the Legislative Review Committee publishes and circulates to the Bench and Bar a short summary of all legislation passed during the session.

We would like to know if we can continue to inform you by choosing the more environmental option of posting the legislative summary online only.

We are here to serve you, so let your voice be heard! Complete the survey now and decide how you want to receive your legislative summary, print, online or both.

Survey available at www.surveymonkey.com/s/P37FKPB. 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.

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Kevin P. Feehan, QC - Chair

The Employment Pension Plans Act gives the Superintendent greater enforcement powers, such as the ability to charge penalties for non-compliance, and permits the creation of an Alberta Employment Pension Tribunal. The Tribunal will enable plan sponsors and plan members to appeal decisions made by the Superintendent.

Legislative Review Committee

Calgary Committee

William Ranson, QC - Chair

Repeals: • Public Trustee Act, S.A. 2004, s. 7.1 • Teachers’ Pension Plans Act, R.S.A. 2000, c. T-1 • Unclaimed Personal Property and Vested Property Act, S.A. 2007, c. U-1.5 • Employment Pension Plans Act, R.S.A. 2000, c. E-8

Summary:

The Employment Pension Plans Act is the first major update since 1987 and is the culmination of a five-year project with British Columbia. The Employment Pension Plans Act clarifies the roles and responsibilities of the various parties involved in managing pension plans. The new Act deals with matters of funding, investment, how information is disclosed to members, and member entitlement to benefits.

Susan Billington, QC Scott Bower Suchetna Channan Jordan Deering Fred Dent Frank Durnford Toby Eines Leila Gosselin Dennis McDermott, QC Bernard Roth Joseph Schuck Clifford Shaw, QC Tracey Stock Jeff Thom, QC