Legislative Summary | Spring 2012

27th Legislature Legislature 27th Fifth Session Third Session Fourth Spring 2012 Spring 2010 2011

LEGISLATIVE REVIEW SUMMARY Spring 2012 - 27th Legislature - 5th Session HIGHLIGHTS The 2012 Spring Session of the Legislature resulted in the passage of the following six (6) government and one (1) private member bills:

BILLS PASSED WERE: 1.

2.

3.

4.

5.

6.

7.

Results-Based Budgeting Act, S.A. 2012, c. R-17.5 Appropriation (Supplementary Supply) Act, S.A. 2012, c. 1 St. Albert and Sturgeon Valley School Districts Establishment Act, S.A. 2012, c. S-1.5 Seniors’ Property Tax Deferral Act, S.A. 2012, c. S-7.2 Property Rights Advocate Act, S.A. 2012, c. P-26.5 Appropriation Act, S.A. 2012, c. 2 Tobacco Reduction (Protection of Children in Vehicles) Amendment Act, S.A. 2012, c. 3

Bill 2 – the Education Act (which received a second reading as Bill 18 during the Fall Session), went to Committee of the Whole on March 13, 2012 for 4 sittings and was eventually adjourned on March 22, 2012.

AMENDED LEGISLATION •

Tobacco Reduction Act, S.A. 2005, c. T-3.8.

DETAILED LISTING OF BILLS Bill 1 Results-Based Budgeting Act, S.A. 2012, c. R-17.5 Summary: The Results-Based Budgeting Act requires that all government programs and services must be reviewed in accordance with a schedule determined by the Treasury Board. Albertans will have the opportunity to participate in the review.

Upon completion of the review process for a given program, a results-based budget process must be used as an approach for the next budget planning cycle for that program or service.

The President of Treasury Board and Enterprise must table an annual report on the progress of the review before the Legislative Assembly.

In Force:

March 5, 2012.

Bill 3 Appropriation (Supplementary Supply) Act, 2012, S.A. 2012, c. 1 Summary:

Amounts not otherwise provided for during the fiscal year ending March 31, 2012 were tabled and passed as the Appropriation (Supplementary Supply) Act, 2012.

In Force:

March 5, 2012.

2

Bill 4 St. Albert and Sturgeon Valley School Districts Establishment Act, S.A. 2012, c. S-1.5 Summary: The St. Albert And Sturgeon Valley School Districts Establishment Act addresses the shift in the Catholic/ Protestant demographics of St. Albert and the Sturgeon Valley.

The Act: • establishes the St. Albert Public School District; • establishes the Greater St. Albert Roman Catholic Separate School District; • dissolves the St. Albert Protestant Separate School District No. 6 and the Board of Trustees of The St. Albert

Protestant Separate School District No. 6; and • dissolves the Greater St. Albert Catholic Regional Division No. 29, the Board of Trustees of The Greater St.

Albert Catholic Regional, Division No. 29, the Guilbault Roman Catholic Separate School District No. 552, the

Cardiff Roman Catholic Separate School District No. 684 and the Cunningham Roman Catholic Separate

School District No. 704.

In Force:

On Proclamation.

Bill 5 Seniors’ Property Tax Deferral Act, S.A. 2012, c. S-7.2 Summary: The Seniors’ Property Tax Deferral Act enables eligible seniors to obtain a loan to pay out eligible property and other taxes under the Municipal Government Act, R.S.A. 2000, c. M-26 and its regulations. Such loans with interest would become a charge on the property and a security interest held by the Crown in right of Alberta.

There is no statutory requirement that seniors’ loans be registered against title. As a result, counsel will be required to ensure upon transfer that there is no unregistered tax charge against a title.

Tax deferral loans under the Act become payable, subject to the regulations, at the earliest of: a) the death of the eligible property owner; b) the date of transfer or sale of the property; c) on a date set by the Minister on the occurrence of an event or circumstance provided for by the regulations; or d) immediately, if the Minister is satisfied that the property owner gave false, inaccurate, or misleading

information in respect of the loan.

In Force:

On Proclamation.

Bill 6 Property Rights Advocate Act, S.A. 2012, c. P-26.5 Summary: The Property Rights Advocate Act establishes the Property Rights Advocate Office (the “Office”) which consists of the Property Rights Advocate and any other employees appointed pursuant to the Public Service Act. The Office is part of the Ministry of Justice and Attorney General.

The Office will: • share independent and impartial information about property rights and help people determine the

appropriate resolution mechanism, including the courts; • review complaints by property owners related to expropriation and compensable taking of land; and • be required to table an annual report to the Legislative Assembly on the Office’s

business.

3

Legislative Review Committee

On Proclamation.

Bill 7 Appropriation Act, 2012, S.A. 2012, c. 2 Summary:

Amounts not otherwise provided for during the fiscal year ending March 31, 2013 were tabled and passed as the Appropriation Act, 2012.

In Force:

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

March 21, 2012.

Bill 203 Tobacco Reduction (Protection of Children in Vehicles) Amendment Act, S.A. 2012, c. 3 Tobacco Reduction Act, S.A. 2005, c. T-3.8.

Edmonton Committee

Summary: The Tobacco Reduction (Protection of Children in Vehicles) Amendment Act amends the Tobacco Reduction Act by prohibiting smoking in vehicles when a minor is present.

In Force:

On Proclamation.

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

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.

4

Bill Ranson, Q.C. - Chair

Amends:

Kevin P. Feehan Q.C. - Chair

In Force:

Calgary Committee

Susan Billington, Q.C. Scott Bower Suchetna Channan Jordan Deering Fred Dent Frank Durnford Toby Eines Leila Gosselin Dennis McDermott, Q.C. Bernie Roth Joseph Schuck Cliff Shaw, Q.C. Tracey Stock Jeff Thom, Q.C.