Legislative Summary | Fall 2011

27th Legislature Third Session Fourth Spring 2010 2011

LEGISLATIVE REVIEW SUMMARY Fall 2011 - 27th Legislature - 4th Session Highlights The 2011 Fall Session of the Legislature resulted in the passing of 6 government bills.

Bills passed were: Health Quality Council of Alberta Act,

S.A. 2011, c. H7.2 Child and Youth Advocate Act,

S.A. 2011, c. C-11.5 Traffic Safety Amendment Act,

S.A. 2011, c. 22

Election Amendment Act,

S.A. 2011, c. 19 Justice and Court Statutes Amendment Act,

S.A. 2011, c. 20 Land Assembly Project Area Amendment Act,

S.A. 2011, c. 21

At the Spring sitting of the 4th Session, Bill 18, Education Act, was given first and second reading, and then adjourned on April 28, 2011. On November 21, 2011, the Legislative Assembly announced that consultation on Bill 18 is still being continued with Albertans.

amended legislation Administration of Estates Act,

R.S.A. 2000, c. A-2 Administrative Procedures and Jurisdiction Act,

R.S.A. 2000, c. A-3 Auditor General Act,

R.S.A. 2000, c. A-46 Builder’s Lien Act,

R.S.A. 2000, c. B-7 Child, Youth and Family Enhancement Act,

R.S.A. 2000, c. C-12 Civil Enforcement Act,

R.S.A. 2000, c. C-15 Conflicts of Interest Act,

R.S.A. 2000, c. C-23 Court of Queen’s Bench Act,

R.S.A. 2000, c. C-31 Election Act,

S.A. 2000, c. E-1 Electronic Transactions Act,

S.A. 2001, c. E-5.5 Family Law Act,

S.A. 2003, c. F-4.5 Family Law Statutes Amendment Act,

S.A. 2010, c. 16 Fatality Inquiries Act,

R.S.A. 2000, c. F-9 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 Health Information Act,

R.S.A. 2000, c. H-5

Judicature Act,

R.S.A. 2000, c. J-2 Justice of the Peace Act,

R.S.A. 2000, c. J-4 Land Assembly Project Act,

S.A. 2009, c. L-2.5 Legal Profession Act,

R.S.A. 2000, c. L-8 Personal Information Protection Act,

S.A. 2003, c. P-6.5 Proceedings Against the Crown Act,

R.S.A. 2000, c. P-25 Protection Against Family Violence Act,

R.S.A. 2000, c. P-27 Protection of Sexually Exploited Children Act,

R.S.A. 2000, c. P-3.3 Provincial Court Act,

R.S.A. 2000, c. P-31 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 Traffic Safety Act,

R.S.A. 2000, c. T-6 Victims Restitution and Compensation Payment Act,

S.A. 2001, c. V-3.5 Wills and Succession Act,

S.A. 2010, c. W-12.2 Witness Security Act,

S.A. 2010, c. W-12.5

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detailed listing of bills Bill 21 Election Amendment Act, S.A. 2011, c. 19

Bill 23 Land Assembly Project Area Amendment Act,

S.A. 2011, c. 21

Amends: Election Act, S.A. 2000, c. E-1

Amends: Land Assembly Project Act, S.A. 2009, c. L-2.5

Summary: This Act provides for a fixed election time period for general elections to be held every four years. Starting in 2012, a general election would be held between March 1, 2012, and May 31, 2012. Afterwards, general elections would be held in the same three-month period in the fourth calendar year following polling day in the most recent general election. However, the Lieutenant Governor’s constitutional power to dissolve the Legislature stays intact.

Summary: This Act attempts to clear up confusion that exists in the existing legislation. Specifically, this Act adds a preamble to describe its general purpose, provides further criteria to define a Land Assembly Project Area, and provides further detail with respect to the compensation and appeals process. This Act also removes imprisonment as a remedy for breaching an enforcement order made under this Act.

In Force: December 8, 2011

In Force: December 8, 2011

Bill 22 Justice and Court Statutes Amendment Act,

S.A. 2011, c. 20

Bill 24 Health Quality Council of Alberta Act, S.A. 2011, c. H-7.2 Amends: Conflicts of Interest Act, R.S.A. 2000, c. C-23 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 Health Information Act, R.S.A. 2000, c. H-5

Amends: Administration of Estates Act, R.S.A. 2000, c. A-2 Builder’s Lien Act, R.S.A. 2000, c. B-7 Civil Enforcement Act, R.S.A. 2000, c. C-15 Court of Queen’s Bench Act, R.S.A. 2000, c. C-31 Family Law Act, S.A. 2003, c. F-4.5 Family Law Statutes Amendment Act, S.A. 2010, c. 16 Fatality Inquiries Act, R.S.A. 2000, c. F-9 Justice of the Peace Act, R.S.A. 2000, c. J-4 Administrative Procedures and Jurisdiction Act,

R.S.A. 2000, c. A-3 Freedom of Information and Protection of Privacy Act,

R.S.A. 2000, c. F-25 Judicature Act, R.S.A. 2000, c. J-2 Personal Information Protection Act, S.A. 2003, c. P-6.5 Provincial Court Act, R.S.A. 2000, c. P-31 Legal Profession Act, R.S.A. 2000, c. L-8 Proceedings Against the Crown Act, R.S.A. 2000, c. P-25 Victims Restitution and Compensation Payment Act,

S.A. 2001, c. V-3.5 Wills and Succession Act, S.A. 2010, c. W-12.2 Witness Security Act, S.A. 2010, c. W-12.5

Summary: The Act gives the Health Quality Council of Alberta expanded powers to investigate health system matters and makes the Council directly responsible to the Legislative Assembly.

In Force: December 8, 2011 Bill 25 Child and Youth Advocate Act, S.A. 2011, c. C-11.5 Amends: Auditor General Act, R.S.A. 2000, c. A-46 Child, Youth and Family Enhancement Act,

R.S.A. 2000, c. C-12 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 Protection Against Family Violence Act, R.S.A. 2000, c. P-27

Summary: This Act contains amendments and housekeeping changes to a number of statutes.

In Force: December 8, 2011, with exceptions.

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Amends: Traffic Safety Act, R.S.A. 2000, c. T-6 Summary: This Act attempts to improve safety on Alberta roads. Some of the amendments include the introduction of: • another level of impairment (in addition to the 80 milligrams of alcohol in 100 millilitres of blood), viz 50 milligrams of alcohol in 100 millilitres of blood; • immediate roadside sanctions by peace officers; • alcohol-sensing devices for persons who have been suspended or disqualified 2 or more times in a 10-year period; and • varying levels of consequences for repeat offenders; for instance, education courses on the second offences.

In Force: On proclamation

In Force: On proclamation

The Legislative Review Committee is a joint committee of the Law Society of Alberta and the Canadian Bar Association Alberta. It has subcommittees in both Edmonton and Calgary and has filled a role in the legislative review process in Alberta for over 30 years.

The Committee reviews all bills introduced in the Alberta Legislature and provides comments and assistance to both Government and the Bar on drafting and operative aspects of legislation and amending legislation. The Committee is often called upon confidentially to give legal practitioners’ input on draft legislation and regulations. It played significant roles in the shaping of the Personal Property Security Act, the Civil Enforcement Act, the Builders’ Lien Act and other Alberta statutes. Its chairperson sits as a member of various stakeholder committees consulted by Government, including the Registry Liaison Committee, which have helped shape statute law.

The Committee draws upon practitioners with a wide range of practical experience, some of whom have served for many years. It also, through its Legislative Liaison Officer, facilitates input by CBA sections, the Law Society, and business and community groups on the policy of legislation. At the end of each legislative session the Committee publishes and circulates to Bench and Bar a short summary of all legislation passed during the session.

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Legislative Review Committee Kevin P. Feehan, Q.C. – Legislative Officer C. R. Head – Secretary

Edmonton Committee

Kevin P. Feehan Q.C. - Chair

Summary: This Act makes the Child and Youth Advocate an officer of the Legislature, and sets up appropriate mandates and protection for the Advocate and children. The Act also provides for the establishment of a Council for Quality Assurance, which amongst other things, identifies effective practices and makes recommendations for the improvement of intervention services as well as appoints an expert review panel to review incidents of serious injuries or deaths of children.

The Act also clarifies provisions around publication bans and provides for greater sharing of information about children in care or children in need with caregivers and others associated with those children.

Bill 26 Traffic Safety Amendment Act, S.A. 2011, c. 22

Christopher R. Head Karen Hewitt Jason Banack Rob M. Curtis, Q.C. Debbie A. Yungwirth Melissa Timbres Anne Kaplan Darin Hannaford Omolara Oladipo Frank Friesacher Andrew McLaughlin Nate Whitling Lillian H. Yeung Mark A. Saxton Nancy Jacobsen Nigel Forster Louis M.H. Belzil

Bill Ranson, Q.C. - Chair

Protection of Sexually Exploited Children Act,

R.S.A. 2000, c. P-3.3 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

Calgary Committee

Marty Kay, Q.C. Cliff Shaw, Q.C. Bernie Roth Stacy Petriuk Kathleen Rockwell Jordan Deering Jeff Thom, Q.C. Colin Feasby Toby Eines Dennis McDermott, Q.C. Leila Gosselin Suchetna Channan Susan Billington, Q.C. Frank Durnford Tracey Stock Fred Dent