Legislative Summary | Fall 2003

25th Legislature Third Session Fall 2003

Cemetery Companies Act, R.S.A. 2000, c. C-4 – see Personal Information Protection Act, Bill 44

LEGISLATIVE REVIEW SUMMARY FALL 2003

Change of Name Act, R.S.A. 2000, c. C-7 – see Family Law Act, Bill 45

HIGHLIGHTS

Charitable Fund-raising Act, R.S.A. 2000, c. C-9 – see Personal Information Protection Act, Bill 44

Important new legislation that appeared in this short fall session included an amended Personal Information Protection Act. This statute comes into force January 1, 2004, and will have wide application to and impact for Alberta businesses and other “organizations”. The consolidated Family Law Act was also passed, although it will not come into force until proclamation.

Bill 56, the Alberta Court of Justice Act, which would create a sort of merged Family Law Court, died on the new paper. It is expected to re-appear in Spring, 2004.

Child Welfare Act, R.S.A. 2000, c. C-12 – see Family Law Act, Bill 45 Child Welfare Amendment Act, S.A. 2003, c. 16 – see Family Law Act, Bill 45 Civil Enforcement Act, R.S.A. 2000, c. C-15 – see Family Law Act, Bill 45

AMENDED LEGISLATION

Class Proceedings Act, S.A. 2003, c. 16.5 – see Miscellaneous Statutes Amendment Act, Bill 57

Administration of Estates Act, R.S.A. 2000, c. A-2 – see Family Law Act, Bill 45

Conflicts of Interest Act, R.S.A. 2000, c. 23 – see Insurance Amendment Act, Bill 53, Post-Secondary Learning Act, Bill 43

Adult Interdependent Relationships Act, S.A. 2002, c. A-0.5 – see Justice Statutes Amendment Act, Bill 6

Cooperatives Act, S.A. 2001, c. 28.1 – see Miscellaneous Statutes Amendment Act, Bill 57; Personal Information Protection Act, Bill 44

Advanced Education Foundations Act, R.S.A. 2000, c. A-5 - see Post-Secondary Learning Act, Bill 43

Corrections Act, R.S.A. 2000, c. 29 – see Justice Statutes Amendment Act, Bill 6

Agricultural Operation Practices Act, R.S.A. 2000, c. A-7 – see Miscellaneous Statutes Amendment Act, Bill 57

Credit Union Act, R.S.A. 2000, c. C-32 – see Personal Information Protection Act, Bill 44

Agrologists Act, R.S.A. 2000, c. A-13 - see Post-Secondary Learning Act, Bill 43

Debtors’ Assistance Act, R.S.A. 2000, c. D-6 – see Family Law Act, Bill 45

Alberta Capital Finance Authority Act, S.A. 2003, c. A-14.5 - see Post-Secondary Learning Act, Bill 43

Dental Disciplines Act, R.S.A. 2000, c. D-8 - see Post-Secondary Learning Act, Bill 43

Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 – see Alberta Corporate Tax Amendment Act, Bill 41

Dower Act, R.S.A. 2000, c. D-15 – see Family Law Act, Bill 45

Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20 – see Health Professions Amendment Act, 2003

Election Act, R.S.A. 2000, c. E-1 – see Justice Statutes Amendment Act, Bill 6

Alberta Heritage Foundation for Science and Engineering Research Act, R.S.A. 2000, c. A-22 – see Alberta Heritage Foundation for Science and Engineering Research Amendment Act , Bill 48

Environmental Protection and Enhancement Act, R.S.A. 2000, c. E12 – see Environmental Protection and Enhancement Amendment Act, Bill 36; Miscellaneous Statutes Amendment Act, Bill 57

Alberta Municipal Financing Corporation Act, R.S.A. 2000, c. A-27 - see Post-Secondary Learning Act, Bill 43

Farm Implement Act, R.S.A. 2000, c. F-7 – see Farm Implement Amendment Act, Bill 55

Apprenticeship and Industry Training Act, R.S.A. 2000, c. A-42 – see Miscellaneous Statutes Amendment Act, Bill 57, PostSecondary Learning Act, Bill 43

Fatality Inquiries Act, R.S.A. 2000, c. F-9 - see Post-Secondary Learning Act, Bill 43 Financial Administration Act, R.S.A. 2000, c. F-12 - see PostSecondary Learning Act, Bill 43

Arbitration Act, R.S.A. 2000, c. A-43 - see Post-Secondary Learning Act, Bill 43

Financial Consumers Act, R.S.A. 2000, c. F-13 – see Personal Information Protection Act, Bill 44

Builders’ Lien Act, R.S.A. 2000, c. B-7 – see Miscellaneous Statutes Amendment Act, Bill 57 Cancer Programs Act, R.S.A. 2000, c. C-2 – see Miscellaneous Statutes Amendment Act, Bill 57

Financial Statutes Amendment Act, S.A. 2003, c. 2 – see Miscellaneous Statutes Amendment Act, Bill 57, Post-Secondary Learning Act, Bill 43

Cemeteries Act, R.S.A. 2000, c. C-3 - see Post-Secondary Learning Act, Bill 43

Forest and Prairie Protection Act, R.S.A. 2000, c. F-19 – see Miscellaneous Statutes Amendment Act, Bill 57 2

Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25 - see Post-Secondary Learning Act, Bill 43

Occupiers’ Liability Act, R.S.A. 2000, c. O-4 – see Occupiers’ Liability (Recreational Users) Amendment Act, Bill 208

Fuel Tax Act, R.S.A. 2000, c. F-28 - see Post-Secondary Learning Act, Bill 43

Ombudsman Act, R.S.A. 2000, c. O-8 - see Post-Secondary Learning Act, Bill 43

Government Organization Act, R.S.A. 2000, c. G-10 – see Miscellaneous Statutes Amendment Act, Bill 57

Petty Trespass Act, R.S.A. 2000, c. P-11 – see Justice Statutes Amendment Act, Bill 6

Health Professions Act, R.S.A. 2000, c. H-7 – see Health Professions Amendment Act, Bill 52

Pharmaceutical Profession Act, R.S.A. 2000, c. P-12 - see PostSecondary Learning Act, Bill 43

Hospitals Act, R.S.A. 2000, c. H-12 – see Insurance Amendment Act, Bill 53

Professional and Occupational Associations Registration Act, R.S.A. 2000, c. P-26 - see Post-Secondary Learning Act, Bill 43

Insurance Act, R.S.A. 2000, c. I-3 – see Insurance Amendment Act, Bill 53; Miscellaneous Statutes Amendment Act, Bill 57; Personal Information Protection Act, Bill 44

Provincial Court Act, R.S.A. 2000, c. P-31– see Family Law Act, Bill 45, Justice Statutes Amendment Act, Bill 6

Irrigation Districts Act, R.S.A. 2000, c. I-11 – see Miscellaneous Statutes Amendment Act, Bill 57

Provincial Offences Procedure Act, R.S.A. 2000, c. P-34 – see Miscellaneous Statutes Amendment Act, Bill 57

Judicature Act, R.S.A. 2000, c. J-2 – see Justice Statutes Amendment Act, Bill 6; Miscellaneous Statutes Amendment Act, Bill 57

Public Lands Act, R.S.A. 2000, c. P-40 – see Public Lands Amendment Act, Bill 49

Law of Property Act, R.S.A. 2000, c. L-7– see Family Law Act, Bill 45

Public Sector Pension Plans Act, R.S.A. 2000, c. P-41 – see Miscellaneous Statutes Amendment Act, Bill 57

Legal Profession Act, R.S.A. 2000, c. L-8 – see Miscellaneous Statutes Amendment Act, Bill 57, Post-Secondary Learning Act, Bill 43

Public Service Employee Relations Act, R.S.A. 2000, c. P-43 - see Post-Secondary Learning Act, Bill 43

Livestock Industry Diversification Amendment Act, S.A. 2003, c. 26 – see Wildlife Amendment Act, Bill 50

Public Trustee Act, R.S.A. 2000, c. P-44 – see Family Law Act, Bill 45, Post-Secondary Learning Act, Bill 43

Loan and Trust Corporation Act, R.S.A. 2000, c. L-30 – see Personal Information Protection Act, Bill 44

Religious Societies’ Land Act, R.S.A. 2000, c. R-15 – see Personal Information Protection Act, Bill 44

Maintenance Enforcement Act, R.S.A. 2000, c. M-1– see Family Law Act, Bill 45

School Act, R.S.A. 2000, c. S-3 – see Family Law Act, Bill 45, Justice Statutes Amendment Act, Bill 6

Marriage Act, R.S.A. 2000, c. M-5 – see Family Law Act, Bill 45

Securities Act, R.S.A. 2000, c. S-4 – see Personal Information Protection Act, Bill 44

Matrimonial Property Act, R.S.A. 2000, c. M-8 – see Family Law Act, Bill 45

Seniors Advisory Council for Alberta Act, R.S.A. 2000, c. S-6 - see Post-Secondary Learning Act, Bill 43

Mental Health Act, R.S.A. 2000, c. M-13 – see Health Professions Amendment Act, 2003

Societies Act, R.S.A. 2000, c. S-14 – see Personal Information Protection Act, Bill 44

Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22 – see Insurance Amendment Act, Bill 53

Students Finance Act, R.S.A. 2000, c. S-23 - see Post-Secondary Learning Act, Bill 43

Municipal Government Act, R.S.A. 2000, c. M-26 – see Municipal Government Amendment Act, Bill 46, Post-Secondary Learning Act, Bill 43

Tobacco Tax Act, R.S.A. 2000, c. T-4 – see Tobacco Tax Amendment Act, Bill 47 Tort-Feasors Act, R.S.A. 2000, c. T-5 – see Family Law Act, Bill 45

Municipal Government Amendment Act, S.A. 2002, c. M-26 - see Municipal Government Amendment Act, Bill 46

Traffic Safety Act, R.S.A. 2000, c. T-6 – see Traffic Safety (Seizure of Vehicles in Prostitution Related Offences) Amendment Act, Bill 206; Miscellaneous Statutes Amendment Act, Bill 57, Justice Statutes Amendment Act, Bill 6

Natural Resources Conservation Board Act, R.S.A. 2000, c. N-3 – see Natural Resources Conservation Board Amendment Act, Bill 51 North Red Deer Water Authorization Act, S.A. 2002, c. N-3.5 – see Miscellaneous Statutes Amendment Act, Bill 57

Trespass to Premises Act, R.S.A. 2000, c. T-7 – see Justice Statutes Amendment Act, Bill 6

Occupational Therapy Profession Act, R.S.A. 2000, c. O-3 - see Post-Secondary Learning Act, Bill 43

Trustee Act, R.S.A. 2000, c. T-8 – see Family Law Act, Bill 45 3

Ultimate Heir Act, R.S.A. 2000, c. U-1- see Post-Secondary Learning Act, Bill 43

Summary: Petty Trespass Act – Increase of maximum fine from $100.00 to $2000.00 for first offence and up to $5,000.00 for repeat offence. Requirement to give notice to trespasser that entry is prohibited. Removal of restriction on prosecution under the Act. Removal of exception to trespass based on reasonable expectation of right to do so. Trespass to Premises Act – Maximum fines increased. Removal of restriction on prosecution under the Act. Young Offenders Act – Renamed the Youth Justice Act. “Young person” and “child” are redefined. “Alternative measures” now known as “extra-judicial sanctions”. Youth Court now known as Youth Justice Court. Dispositions now known as “youth sentences”. Fines increased from $500.00 to $1000.00. Sentences may now include any combination of community service, probation and fines.

Clarification on the conditions imposed under a probation order.

Changes to the coming into force of a probation order. Failure of a parent to receive a copy of a probation order does not affect the validity of a probation order. Progress report may be submitted orally or in writing. Public morals no longer a consideration for determining whether to exclude a person from proceedings. Court may admit into evidence any statement or waiver by a young person despite irregularities. Proceedings which are commenced but not completed must be dealt with as if the offence occurred after the coming into force of this Act. Consequential amendments to several statutes as a result of the renaming of the Act.

Victims of Crime Act, R.S.A. 2000, c. V-3 – see Justice Statutes Amendment Act, Bill 6 Vital Statistics Act, R.S.A. 2000, c. V-4 – see Personal Information Protection Act, Bill 44, Family Law Act, Bill 45 Water Act, R.S.A. 2000, c. W-3 – see Miscellaneous Statutes Amendment Act, Bill 57 Wildlife Act, R.S.A. 2000, c. W-10 – see Wildlife Amendment Act, Bill 50 Workers’ Compensation Act, R.S.A. 2000, c. W-15 – see Insurance Amendment Act, Bill 53; Workers’ Compensation Amendment Act, Bill 38, Family Law Act, Bill 45 Young Offenders Act, R.S.A. 2000, c. Y-1 – see Justice Statutes Amendment Act, Bill 6

REPEALED LEGISLATION Advanced Education Foundations Act, R.S.A. 2000, c. A-5 – see Post-Secondary Learning Act, Bill 43

In force:

Banff Centre Act, R.S.A. 2000, c. B-1 – see Post-Secondary Learning Act, Bill 43

Environmental Protection and Enhancement Amendment Act, 2003 Bill 36

Colleges Act, R.S.A. 2000, c. C-19 – see Post-Secondary Learning Act, Bill 43

Amends:

Domestic Relations Act, R.S.A. 2000, c. D-14 – see Family Law Act, Bill 45

Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12

Summary: Requirement to commence or continue activities in accordance with a code of practice. The code of practice governs many aspects of liability under the Act. Several terms are redefined.

Power of director to re-designate activities as activities in respect of which an approval is required. Regulation making power respecting re-designation of activities requiring approval to activities requiring registration. Requirement to provide security and carry insurance in respect of inactivity which is subject to a code of practice. Reports to the director regarding the release of a substance into the environment. Such reports may now be made by electronic means. Environmental protection orders may be issued for release of substances in respect of a substance released regardless of when it was released. Discretion to refuse issuing a reclamation certificate where application is incomplete or inaccurate.

Generally expands powers of inspectors. Inspectors now responsible for environmental protection orders after reclamation certificates have been issue. Regulation making power to set a date regarding issuing environmental protection orders has been broadened.

Domestic Relations Amendment Act, R.S.A. 2000, c. 11(Supp.) – see Family Law Act, Bill 45 Maintenance Order Act, R.S.A. 2000, c. M-2 – see Family Law Act, Bill 45 Parentage and Maintenance Act, R.S.A. 2000, c. P-1 – see Family Law Act, Bill 45 Technical Institutes Act, R.S.A. 2000, c. T-3 – see Post-Secondary Learning Act, Bill 43 Universities Act, R.S.A. 2000, c. U-3 – see Post-Secondary Learning Act, Bill 43

DETAILED LISTING OF BILLS Justice Statutes Amendment Act, 2003 Bill 6 Amends:

December 4, 2003.

In force:

Judicature Act, R.S.A. 2000, c. J-2; Petty Trespass Act, R.S.A. 2000, c. . P-11; Trespass to Premises Act, R.S.A. 2000, c. T-7; Young Offenders Act, R.S.A. 2000, c. Y-1; Adult Interdependent Relationships Act, S.A. 2002, c.

A-0.5; Corrections Act, R.S.A. 2000, c. 29; Election Act, R.S.A. 2000, c. E-1; Provincial Court Act, R.S.A. 2000, c. P-31; School Act, R.S.A. 2000, c. S-3; Traffic Safety Act, R.S.A. 2000, c.

T-6; Victims of Crime Act, R.S.A. 2000, c. V-3

On various dates; some sections upon proclamation.

Climate Change and Emissions Management Act, 2003 Bill 37 Summary: This Act deals with the management of emissions of specified gasses and specified gasses emission targets. The Minister may enter into agreements with different sectors of the Alberta economy for the purpose of meeting emission targets. Regulation making power regarding emission offsets,

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A-13; Alberta Municipal Financing Corporation Act, R.S.A. 2000, c. A-27; Apprenticeship and Industry Training Act, R.S.A. 2000, c. A-42; Arbitration Act, R.S.A. 2000, c. A-43; Cemeteries Act, R.S.A. 2000, c. C-3; Conflicts of Interest Act, R.S.A. 2000, c. C-23; Dental Disciplines Act, R.S.A. 2000, c. D-8; 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; Fuel Tax Act, R.S.A. 2000, c. F-28; Legal Profession Act, R.S.A. 2000, c. L-8; Municipal Government Act, R.S.A. 2000, c. M-26; Occupational Therapy Profession Act, R.S.A. 2000, c. O-3; Ombudsman Act, R.S.A. 2000, c. O-8; Pharmaceutical Profession Act, R.S.A. 2000, c. P-12; Professional and Occupational Associations Registration Act, R.S.A. 2000, c.

P-26; Public Service Employee Relations Act, R.S.A. 2000, c. P-43; Public Trustee Act, R.S.A. 2000, c. P-44; Seniors Advisory Council for Alberta Act, R.S.A. 2000, c. S-6; Students Finance Act, R.S.A. 2000, c. S-23; Ultimate Heir Act, R.S.A. 2000, c. U-1; Financial Statutes Amendment Act, S.A. 2003, c. 2; Alberta Capital Finance Authority Act, S.A. 2003, c. A-14.5

credits and removal and storage of specified gasses. Mandatory reporting requirements respecting the release of a specified gas.

The Minister may make agreements regarding intra-jurisdictional co-operation. Creation of proprietary interests in a “sink” which is defined as a component of the environment which removes or captures specified gasses and includes a geological formation or constructed facility that is used to store specified gasses.

Establishment of the Climate Change and Emissions Management Fund for the purpose of conservation, reduction of specified gas emissions and other related programs and measures. Failure to comply with the Act or Regulations may result in an administrative penalty payable to the Government. Liability of directors and officers for contravention of the Act. Vicarious liability of corporation for its employees. Prohibition on disclosure of certain prescribed information. Lieutenant Governor in Council granted a broad range of Regulation making powers to administer the Act and specifically can make Regulations respecting agreements, levels of specified gasses, record keeping standards, disclosure of information, defining terms as well as many other areas set forth in section 18(1).

In force:

Upon proclamation.

Workers’ Compensation Amendment Act, 2003 Bill 38 Amends:

Workers’ Compensation Act, R.S.A. 2000, c.

W-15 Repeals:

Summary: Power of Board to pay pensions in whole or in part to the dependant children of a deceased worker where the pension may otherwise be payable to a dependant spouse or a dependant adult’s interdependent partner.

In force:

Upon the coming into force of section 81 of the Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5, s. 81 (which comes into force upon proclamation).

Summary: Consolidates legislation of all post-secondary institutions. Establishment and governance of public postsecondary institutions such as the Banff Centre for Continuing Education, universities, colleges and technical institutes.

Establishment and governance of the various boards, bodies and councils, including regulation of student organizations and their corresponding powers and duties. Restrictions and requirements for setting or increasing tuition fees, borrowing, investing, acquiring and/or using land as well as various other aspects of postsecondary learning. Regulation making power over a broad range of affairs. Consequential amendments to several statutes, see sections 130 to 154.

Alberta Corporate Tax Amendment Act, 2003 Bill 41 Amends:

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

A-15

Summary: New sub-clause added to the definition of permanent establishment. Where a corporation or partnership does not have taxable income, the Alberta Allocation Factor shall, for certain purposes, be determined as if the income were $1.00 for the year. New definition of the amount taxable in Alberta. New formulas for calculating royalty tax deduction. Rules for calculation of tax payable by a corporation that has a taxation year in 2003.

New formulas for calculating specified partnership income.

Deductions for tax payable by a Canadian-controlled private corporation with a taxation year ending after March 31, 2003.

Repeal of the Appeal Committee and associated rights to object or appeal a determination or an assessment. Specified sections of the Federal Act apply for the purpose of determining a taxation year of an Insurance Company.

In force:

In force:

Upon proclamation. (Since proclaimed.)

Personal Information Protection Act, 2003 Bill 44 Amends:

December 4, 2003.

Post-Secondary Learning Act, 2003 Bill 43 Amends:

Banff Centre Act, R.S.A. 2000, c. B-1; Colleges Act, R.S.A. 2000, c. C-19; Technical Institutes Act, R.S.A. 2000, c. T-3; Universities Act, R.S.A. 2000, c. U-3; Advanced Education Foundations Act, R.S.A. 2000, c. A-5

Cemetery Companies Act, R.S.A. 2000, c. C-4; Charitable Fund-raising Act, R.S.A. 2000, c. C9; Cooperatives Act, S.A. 2001, c. C-28.1; Credit Union Act, R.S.A. 2000, c. C-32; Financial Consumers Act, R.S.A. 2000, c. F-13; Insurance Act, R.S.A. 2000, c. I-3; Loan and Trust Corporation Act, R.S.A. 2000, c. L-30; Religious Societies’ Land Act, R.S.A. 2000, c. R-15; Securities Act, R.S.A. 2000, c. S-4; Societies Act, R.S.A. 2000, c. S-14; Vital Statistics Act, R.S.A. 2000, c. V-4

Summary: Governs the collection, use and disclosure of personal information by organizations. Provides a right of access

Advanced Education Foundations Act, R.S.A. 2000, c. A-5; Agrologists Act, R.S.A. 2000, c.

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to one’s own personal information. Draws distinction between personal information and employee personal information.

Exemptions for certain uses and bodies. Grandfathering provisions.

Provisions on reconciling federal privacy legislation. Restrictions on retaining and destroying records. Right of person to ask that their personal information be corrected. Penalties for noncompliance and creation of cause of action for breach of the Act. Consequential amendments to several pieces of Provincial legislation. Numerous other related concerns and provisions.

In force:

impose off-site levy for new or expanded roads required by subdivision or development. New rules for the accounting of offsite levies and the advertisement of By-laws regarding off-site levies.

Lieutenant Governor in Council may now make regulations governing the principles and criteria that must be applied when establishing an off-site levy.

In force:

Tobacco Tax Amendment Act, 2003 (No. 2) Bill 47

January 1, 2004.

Family Law Act, 2003 Bill 45 Amends:

Repeals:

Amends:

In force:

Various dates.

Alberta Heritage Foundation For Science and Engineering Research Amendment Act , 2003 Bill 48 Amends:

Domestic Relations Act, R.S.A. 2000, c. D-14 Domestic Relations Amendment Act, R.S.A. 2000, c. 11(SUPP.); Maintenance Order Act, R.S.A. 2000, c. M-2; Parentage and Maintenance Act, R.S.A. 2000, c. P-1

Alberta Heritage Foundation For Science and Engineering Research Act, R.S.A. 2000, c. A-22

Summary: Changes made to reflect division of the Provincial Treasurer into the offices of the Minister of Revenue and the Minister of Finance. New restrictions and requirements for payments from the Endowment Fund.

In force:

Various dates. Section 3 regarding payments comes into force on April 1, 2004.

Public Lands Amendment Act , 2003 Bill 49 Amends:

Public Lands Act, R.S.A. 2000, c. P-40

Summary: Definition of livestock expanded. Further power to make regulations limiting or restricting areas of the Province in respect of which the Minister may issue dispositions. New prohibitions respecting uses of roads. Powers of police to seize and dispose of items used in committing a prohibited use of a road. Power of court to grant orders respecting the prohibited uses of roads.

Upon proclamation.

Municipal Government Amendment Act, 2003 Bill 46 Amends:

Tobacco Tax Act, R.S.A. 2000, c. T-4

Summary: Definition of tobacco products broadened to include tobacco sticks. Tax rate on cigars are lowered. Minister may require a person who collects taxes to deposit amounts collected into an account at a financial institution specified by the Minister. Creation of duties and liabilities for “responsible representatives” such as trustees and receivers who deal with the property or business of tax collectors. Liability for non arm’s length transferees where tax collector is insolvent or becomes insolvent.

Extended liability for directors where a corporation has failed to remit tax collected. Lieutenant Governor in Council may now make regulations regarding licensing of persons who produce tear tape.

Administration of Estates Act, R.S.A. 2000, c.

A-2; Child Welfare Act, R.S.A. 2000, c. C-12; Civil Enforcement Act, R.S.A. 2000, c. C-15; Debtors’ Assistance Act, R.S.A. 2000, c. D-6; Dower Act, R.S.A. 2000, c. D-15; Maintenance Enforcement Act, R.S.A. 2000, c. M-1; Matrimonial Property Act, R.S.A. 2000, c. M-8; Provincial Court Act, R.S.A. 2000, c. P-31; Public Trustee Act, R.S.A. 2000, c. P-44; Trustee Act, R.S.A. 2000, c. T-8; Vital Statistics Act, R.S.A. 2000, c. V-4; Workers’ Compensation Act, R.S.A. 2000, c. W-15; Change of Name Act, R.S.A. 2000, c. C-7; Child Welfare Amendment Act, S.A. 2003, c. 16; Law of Property Act, R.S.A. 2000, c. L-7; Marriage Act, R.S.A. 2000, c. M-5; School Act, R.S.A. 2000, c. S-3; Tort-Feasors Act, R.S.A. 2000, c. T-5;

Summary: Consolidates legislation on establishing parentage, guardianship, access to children and parenting. Governs obligations to support children, spouses, adult interdependent partners and family members in need. Consequential amendments to several statutes and transitional provisions; Change of Name Act – Changes to provisions on the change of name of a spouse and interdependent partner and to a change of name of a child; Maintenance Enforcement Act – Duty of person who assumes the care and control of a child to notify the Director of a change in care and control; Marriage Act – Changes to the requirement of a person under 18 years of age to obtain consent for the marriage of that person; Tort-Feasors Act – Liability for loss of consortium through injury.

In force:

Comes into force on various dates.

In force:

Municipal Government Act, R.S.A. 2000, c.

M-26; Municipal Government Amendment Act, S.A. 2002, c. M-26

Various dates; some sections upon proclamation.

Wildlife Amendment Act, 2003 Bill 50 Amends:

Summary: Scope of sporting commissions extended to include full contact karate, kick boxing, and other contests. Officials not liable for good faith performance of functions. Council may 6

Wildlife Act, R.S.A. 2000, c. W-10; Livestock Industry Diversification Amendment Act, S.A. 2003, c. 26

Summary: Changes to definitions of several defined terms.

Power of Minister to cancel or suspend recreational licenses where offenses committed in another jurisdiction. Minister may issue authorizations. Expanded scope of trafficking in wildlife. License holders may only remove traps which they believe have been set unlawfully and must report the removal to a wildlife officer.

Prohibitions on training dogs for the purposes of hunting wildlife.

Power of wildlife officers and guardians to order removal of attractants and to search for and inspect attractants. Certain sections of the Criminal Code apply to warrants issued under the Wildlife Act. Wildlife officers/ guardians and certain Crown employees are provided with immunity for contravening provisions of the Wildlife Act, provided they are carrying out specified duties.

Increased fines and imprisonment for offences. Increased fines and imprisonment for corporations, repeat offenders and for hunting of a grizzly bear. Where a person is convicted of an offence and has an outstanding fine, any licenses issued under the Fisheries (Alberta) Act that authorize sport fishing are automatically suspended until the fine has been paid.

In force:

notice of an inadequate base capital. Additional regulation-making power. Prohibitions on the refusal to issue a contract of automobile insurance. Reductions of judgments and settlements in respect of loss or damages from bodily injury or death arising from the use or operation of an automobile. Additional coverage for third party liability. Additional regulation making power over accident insurance benefits. Power to make regulations requiring a lawyer retained by a plaintiff to give notice of that fact to the defendants insurer. Power to make regulations authorizing the court to order payment in advance of judgment. Power to make regulations regarding the disclosure of policy limits. Regulation making power respecting “minor injury” including power to define, classify, and assess injuries, as well as limits for non-pecuniary loss for minor injuries. Creation of the Automobile Insurance Rate Board and repeal of the Automobile Insurance Board. Provisions on the appointment of members of the Board and on powers and duties of the Board.

Power of Board to set premiums for basic coverage annually.

Insurers prohibited from charging or collecting amounts for basic coverage in excess of amounts as are determined by the Board.

Restrictions on premiums for automobile insurance. Regulation making power to freeze automobile insurance premiums.

Provisions on the withdrawal of insurers from the business of automobile insurance. Methods of resolving disputes for applicants of insurance contracts. Regulation making power to address unforeseen matters.

Various dates.

Natural Resources Conservation Board Amendment Act, 2003 Bill 51 Amends:

Summary:

In force:

Natural Resources Conservation Board Act, R.S.A. 2000, c. N-3

In force:

Changes in the size of the Board and the tenure of its members. Board has power to administer a regulatory system. Repeal of provision dealing with salaries, expenses and expenditures incurred by the Board.

Appropriation (Supplementary Supply) Act, 2003 (No. 2) Bill 54 Summary: Provision for the payment of money from the General Revenue fund and the application of that money to operation expenses of the Legislative Assembly and the Public Service as well as capital investment for the public service in accordance with an enclosed schedule.

December 4, 2003.

Health Professions Amendment Act, 2003 Bill 52 Amends:

In force:

Health Professions Act, R.S.A. 2000, c. H-7; Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20; Mental Health Act, R.S.A. 2000, c. M-13

Amends:

Summary:

Farm Implement Act, R.S.A. 2000, c. F-7

Summary: New restrictions on leasing or offering to lease farm implements. Establishment of the Farm Implement Board.

Powers of Board to include levying assessments, hearing licensing appeals, enforcing payments due and hearing applications for compensation for loss arising from the breach of an agreement or of the Act. Procedure of hearings, appeals and applications before the Board. Such other provisions as related to the functioning duties and powers of the Board. Broader grounds for canceling or suspending a license issued under the Act. Automatic termination of bonds furnished by licensees and establishment of fund overseen by the Board. Increased fines for contravention of the Act or the Regulations.

December 4, 2003.

Insurance Amendment Act, 2003 (No. 2) Bill 53 Amends:

December 4, 2003.

Farm Implement Amendment Act, 2003 Bill 55

Summary: Clarifications regarding service of certain notices under the Act. Changes and additions to provisions regarding the use, retention and disclosure of information. Consequential amendments regarding College and Association of Registered Nurses of Alberta. Expanded list of permissible titles, abbreviations and initials for Diagnostic and Therapeutic Technologists and for Occupational Therapists. Rewording and expansion of the practice of psychologists. Clarification and expansion of the practice of psychiatric nurses.

In force:

Upon proclamation, with exceptions.

In force:

Insurance Act, R.S.A. 2000, c. I-3; Conflicts of Interest Act, R.S.A. 2000, c. 23; Hospitals Act, R.S.A. 2000, c. H-12; Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22; Workers’ Compensation Act, R.S.A. 2000, c. W-15

January 1, 2004.

Miscellaneous Statutes Amendment Act, 2003 (No. 2) Bill 57 Amends:

Duty of licensed companies to give written 7

Apprenticeship and Industry Training Act, R.S.A. 2000, c. A-42; Builders’ Lien Act, R.S.A. 2000, c. B-7; Cancer Programs Act, R.S.A. 2000, c.

2; Class Proceedings Act, S.A. 2003, c. 16.5;

Summary: Amends several Acts. Of note are the following: Class Proceedings Act – clarification on the examination of class members and limitation periods; Environmental Enhancement and Protection Act – the Environmental Appeal Board is now renamed the Environmental Appeals Board and several statutes are amended as a consequence of this change of name; Legal Profession Act – changes to the tenure and elections of Benchers as well as the delegation of Benchers Authority. New rules for the provision of reports relating to hearings; Traffic Safety Act – changes to disqualification from driving a motor vehicle and prohibitions on driving while unauthorized.

In force:

December 4, 2003; certain sections upon proclamation.

Traffic Safety (Seizure of Vehicles in Prostitution Related Offences) Amendment Act, 2003 Bill 206

E. (Sonny) Mirth, Q.C.

Co-operatives Act, S.A. 2001, c. 28.1; Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12; Agricultural Operation Practices Act, R.S.A. 2000, c. A-7; Financial Statutes Amendment Act, S.A. 2003, c.

2; North Red Deer Water Authorization Act, S.A. 2002, c. N-3.5; Water Act, R.S.A. 2000, c. W-3; Forest and Prairie Protection Act, R.S.A. 2000, c. F19; Government Organization Act, R.S.A. 2000, c. G-10; Insurance Act, R.S.A. 2000, c. I-3; Irrigation Districts Act, R.S.A. 2000, c. I-11; Judicature Act, R.S.A. 2000, c. J-2; Legal Profession Act, R.S.A. 2000, c. L-8; Provincial Offences Procedure Act, R.S.A. 2000, c. P-34; Public Sector Pension Plans Act, R.S.A. 2000, c. P-41; Traffic Safety Act, R.S.A. 2000, c. T-6

LEGISLATIVE REVIEW COMMITTEE E. Mirth, Q.C. – Chairman C. R. Head – Secretary C. D. Johnson – Calgary Chairman E. Mirth, Q.C. – Legislative Officer

Edmonton Traffic Safety Act, R.S.A. 2000, c. T-6

Summary: Establishment of grounds upon which Board may order the release of a seized motor vehicle. Seizure of motor vehicles where a person has been charged with certain offences under the Criminal Code.

In force:

Upon proclamation.

Occupiers’ Liability (Recreational Users) Amendment Act, 2003 Bill 208 Amends:

Occupiers’ Liability Act, R.S.A. 2000, c. O-4

Summary:

Recreational users now liable for trespass.

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 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.

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

Cal Johnson, Q.C.

Amends:

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.