Legislative Summary | Fall 2007

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LEGISLATIVE REVIEW SUMMARY Fall 2007 - 26 th Legislature - 3 rd Session HIGHLIGHTS The 2007 Fall Session of the Alberta Legislature resulted in the passing of a number of important bills. Twenty-nine bills were passed. Worthy of particular note are the Lobbyists Act, Bill 1, the Conflicts of Interest Amendment Act, Bill 2, the Smoke-free Places (Tobacco Reduction) Amendment Act, Bill 45, the Alberta Utilities Commission Act, Bill 46, and the Safer Communities and Neighbourhoods Act, Bill 212. A number of bills of interest were not passed, including the Insurance Amendment Act, Bill 42.

Amended Legislation Access to the Future Act, S.A. 2005, c. A-1.5 – see Access to the Future Amendment Act, 2007, Bill 13 Adult Adoption Act, R.S.A. 2000, c. A-4 – see Vital Statistics Act, 2007, Bill 8 Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 – see Alberta Corporate Tax Amendment Act, 2007, Bill 36 Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20 – see Health Professions Statutes Amendment Act, 2007, Bill 41

Energy Resources Conservation Act, S.A. 2000, c.

E-10 - see Alberta Utilities Commission Act, Bill 46 Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 - see Unclaimed Personal Property and Vested Property Act, 2007, Bill 23 and see Alberta Utilities Commission Act, Bill 46 Fair Trading Act, R.S.A. 2000, c. F-2 - see Alberta Utilities Commission Act, Bill 46 Family Law Act, S.A. 2003 c. F-4.5 - see Vital Statistics Act, 2007, Bill 8 Family Support for Children with Disabilities Act, SA 2003, c. F.-5.3 – see Miscellaneous Statutes Amendment Act, 2007 (No. 2), Bill 57

Alberta Personal Income Tax Act, R.S.A. 2000, c.

A-30 – see Alberta Personal Income Tax Amendment Act, 2007, Bill 35

Fatality Inquiries Act, R.S.A. 2000, c. F-9 - see Vital Statistics Act, 2007, Bill 8

Ambulance Services Act, R.S.A. 2000, c. A-39 – see Alberta Utilities Commission Act, Bill 46

Financial Administration Act, R.S.A. 2000, c. F12 - see Alberta Utilities Commission Act, Bill 46

Animal Health Act, S.A. 2007, c. A-40.2 - Livestock Commerce and Animal Inspection Statutes Amendment Act, 2007, Bill 47

Financial Administration Amendment Act, S.A. 2004, c. F-7 - see Alberta Utilities Commission Act, Bill 46

Apprenticeship and Industry Training Act, R.S.A. 2000, c. A-42 - see Private Vocational Schools Amendment Act, 2007, Bill 7

Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25 - see Vital Statistics Act, 2007, Bill 8

Business Corporations Act, R.S.A. 2000, c. B-9 – see Unclaimed Personal Property and Vested Property Act, 2007, Bill 23

Gas Distribution Act, R.S.A. 2000, c. G-3 - see Alberta Utilities Commission Act, Bill 46

Cemeteries Act, R.S.A. 2000, c. C-3 - see Vital Statistics Act, 2007, Bill 8

Gas Distribution Amendment Act, R.S.A. 2000, c.

13(Supp) - see Alberta Utilities Commission Act, Bill 46

Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 - see Vital Statistics Act, 2007, Bill 8

Gas Utilities Act, R.S.A. 2000, c. G-5 - see Alberta Utilities Commission Act, Bill 46

City Transportation Act, R.S.A. 2000, c. C-14 see Alberta Utilities Commission Act, Bill 46

Government Organization Act, R.S.A. 2000, c. G10 – see Government Organization Amendment Act, 2007, Bill 38 and see Alberta Utilities Commission Act, Bill 46

Companies Act, R.S.A. 2000, c. C-21 - see Unclaimed Personal Property and Vested Property Act, 2007, Bill 23 Conflicts of Interest Act, R.S.A. 2000, c. C-23 – see Conflicts of Interest Amendment Act, 2007, Bill 2, see Telecommunications Act Repeal Act, 2007, Bill 11 and see Alberta Utilities Commission Act, Bill 46 Cooperatives Act, S.A. 2001, c. C-28.1 - see Unclaimed Personal Property and Vested Property Act, 2007, Bill 23 Corrections Act, R.S.A. 2000, c. C-29 – see Corrections Amendment Act, 2007, Bill 52 Electric Utilities Act, S.A. 2003, c. E-5.1 - see Alberta Utilities Commission Act, Bill 46

Health Professions Act, R.S.A. 2000, c. H.-7 - see Health Professions Statutes Amendment Act, 2007, Bill 41 and see Health Professions Statutes Amendment Act, 2007 (No. 2), Bill 50 Hospitals Act, R.S.A. 2000, c. H-12 - see Vital Statistics Act, 2007, Bill 8 and see Health Facilities Accountability Statutes Amendment Act, 2007, Bill 48 Hydro and Electric Energy Act, R.S.A. 2000, c. H16 - see Alberta Utilities Commission Act, Bill 46 Insurance Act, R.S.A. 2000, c. I-3 - see Vital Statistics Act, 2007, Bill 8 and Traffic Safety Amendment Act, 2007, Bill 49 Irrigation Districts Act, R.S.A. 2000, c. I-11 - see Alberta Utilities Commission Act, Bill 46

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Legal Profession Act, R.S.A. 2000, c. L.-8 - see Miscellaneous Statutes Amendment Act, 2007 (No. 2), Bill 57 Livestock Identification and Commerce Act, S.A. 2006, c. L-16.2 – see Livestock Commerce and Animal Inspection Statutes Amendment Act, 2007, Bill 47 Marriage Act, R.S.A. 2000, c. M-5 - see Vital Statistics Act, 2007, Bill 8 Medical Profession Act, R.S.A. 2000, c. M.-11 see Health Professions Statutes Amendment Act, 2007, Bill 41 and Health Professions Statutes Amendment Act, 2007 (No. 2), Bill 50 Mental Health Act, R.S.A. 2000, c. M-13 – see Mental Health Amendment Act, 2007, Bill 31 Metis Settlements Act, R.S.A. 2000, c. M-14 - see Unclaimed Personal Property and Vested Property Act, 2007, Bill 23 Mines and Minerals Act, R.S.A. 2000, c. M-17 see Alberta Utilities Commission Act, Bill 46 Municipal Government Act, R.S.A. 2000, c. M-26 - see Telecommunications Act Repeal Act, 2007, Bill 11, see Unclaimed Personal Property and Vested Property Act, 2007, Bill 23 and see Alberta Utilities Commission Act, Bill 46 Natural Gas Marketing Act, R.S.A. 2000, c. N-1 see Alberta Utilities Commission Act, Bill 46 Natural Gas Rebates Act, R.S.A. 2000, c. N-2 see Alberta Utilities Commission Act, Bill 46 Nursing Homes Act, R.S.A. 2000, c. N-7 - see Health Facilities Accountability Statutes Amendment Act, 2007, Bill 48 Oil and Gas Conservation Act, R.S.A. 2000, c. O6 - see Alberta Utilities Commission Act, Bill 46 Personal Directives Act, R.S.A. 2000, c. P-6 – see Personal Directives Amendment Act, 2007, Bill 40 Petroleum Marketing Act, R.S.A. 2000, c. P-10 see Alberta Utilities Commission Act, Bill 46 Pipeline Act, R.S.A. 2000, c. P-15 - see Alberta Utilities Commission Act, Bill 46 Post-secondary Learning Act, S.A. 2003, c. P-19.5 - see Alberta Utilities Commission Act, Bill 46 Private Vocational Schools Act, R.S.A. 2000, c.

P-24 – see Private Vocational Schools Amendment Act, 2007, Bill 7 Provincial Court Act, R.S.A. 2000, c. P.-31 - see Miscellaneous Statutes Amendment Act, 2007 (No. 2), Bill 57

Provincial Offences Procedure Act, R.S.A. 2000, c. P.-34 - see Miscellaneous Statutes Amendment Act, 2007 (No. 2), Bill 57 Public Highways Development Act, R.S.A. 2000, c.

P-38 - see Alberta Utilities Commission Act, Bill 46 Public Service Act, R.S.A. 2000,. C. P-42 – see Conflicts of Interest Amendment Act, 2007, Bill 2 Public Service Employee Relations Act, R.S.A. 2000, c. P-43 - see Telecommunications Act Repeal Act, 2007, Bill 11 Public Trustee Act, S.A. 2004, c. P-44.1 - see Unclaimed Personal Property and Vested Property Act, 2007, Bill 23 Public Utilities Board Act, R.S.A. 2000, c. P-45 see Telecommunications Act Repeal Act, 2007, Bill 11 and see Alberta Utilities Commission Act, Bill 46 Real Estate Act, R.S.A. 2000, c. R-5 – see Real Estate Amendment Act, 2007, Bill 24 Regional Health Authorities Act, R.S.A. 2000, c.

R-10 - see Health Facilities Accountability Statutes Amendment Act, 2007, Bill 48 Religious Societies’ Land Act, R.S.A. 2000, c. R15 - see Unclaimed Personal Property and Vested Property Act, 2007, Bill 23 Residential Tenancies Act, R.S.A. 2000, c. R17.1 – see Safer Communities and Neighbourhoods Act, Bill 212 Rural Electrification Loan Act, R.S.A. 2000, c. R19 - see Alberta Utilities Commission Act, Bill 46

Rural Electrification Long-term Financing Act, R.S.A. 2000, c. R-20 - see Alberta Utilities Commission Act, Bill 46

Water, Gas and Electric Companies Act, R.S.A. 2000, c. W-4 - see Alberta Utilities Commission Act, Bill 46

School Act, R.S.A. 2000, c. S.-3 - see Miscellaneous Statutes Amendment Act, 2007 (No. 2), Bill 57

Repealed Legislation

Small Power Research and Development Act, R.S.A. 2000, c. S-9 - see Alberta Utilities Commission Act, Bill 46 Smoke-free Places Act, S.A. 2005, c. S-9.5 – see Smoke-free Places (Tobacco Reduction) Amendment Act, 2007, Bill 45 Surface Rights Act, R.S.A. 2000, c. S-24 - see Alberta Utilities Commission Act, Bill 46 Teachers’ Pension Plans Act, R.S.A. 2000, c. T1 – see Teachers’ Pension Plans Amendment Act, 2007, Bill 53 Telecommunications Act, S.A. 1988, c. T-3.5 Tobacco Tax Act, R.S.A. 2000, c. T-4 – see Tobacco Tax Amendment Act, 2007, Bill Tourism Levy Act, R.S.A. 2000, c. T-5.5 – see Tourism Levy Amendment Act, 2007, Bill 9

Alberta Energy and Utilities Board Act, R.S.A. 2000, c. A-17 - see Alberta Utilities Commission Act, Bill 46 Change of Name Act, R.S.A. 2000, c. C-7 - see Vital Statistics Act, 2007, Bill 8 Hospitals Amendment Act, R.S.A. 2000, c. 14 (Supp) - see Health Facilities Accountability Statutes Amendment Act, 2007, Bill 48 Stettler Regional Water Authorizations Act, S.A. 2005, c. S-19.5 – see East Central Regional Water Authorization Act, Bill 55 Town of Bashaw and the Village of Ferintosh Water Authorization Act, S.A. 2007, c. T-5.7 - East Central Regional Water Authorization Act, Bill 55 Telecommunications Act, S.A. 1988, c. T-3.5 – see Telecommunications Act Repeal Act, 2007, Bill 11

Traffic Safety Act, R.S.A. 2000, c. T-6 – see Traffic Safety Amendment Act, 2007, Bill 49

Ultimate Heir Act, R.S.A. 2000, c. U-1 - see Unclaimed Personal Property and Vested Property Act, 2007, Bill 23

Turner Valley Unit Operations Act, R.S.A. 2000, c.

T-9 - see Alberta Utilities Commission Act, Bill 46

Vital Statistics Act, R.S.A. 2000, c. V-4 - see Vital Statistics Act, 2007, Bill 8

Water Act, R.S.A. 2000, c. W-3 - see Alberta Utilities Commission Act, Bill 46

Vital Statistics Amendment Act, R.S.A. 2000, c.

33 (Supp) - see Vital Statistics Act, 2007, Bill 8

Detailed Listing of Bills

“former political staff member”. Expands the association provisions to include corporations that are subsidiaries of other corporations. Expands the current prohibition against actions that might further the private interests of a member’s minor child to include also a member’s adult child. Also extends the prohibition to generally improperly furthering another person’s private interests. Raises the maximum dollar amount of acceptable gifts from $200.00 to $400.00, and excludes gifts received from the member’s political party or constituency association, or from a charitable organization, from those gifts that shall not be accepted. Regulates travel by members on non-commercial aircraft. Expands the “direct association” prohibitions to include persons who are directly associated with a member’s spouse or adult interdependent partner. Permits contracting that would otherwise fall within the prohibition, where the conflict is trivial and will not create a conflict between the person contracting with the Crown and public interest. Incorporates corporations, private corporations and partnerships in the definition of persons who may be directly associated with a member or with a member’s spouse or adult interdependent partner, if they fall within the enumerated categories.

Expands the information required in disclosure statements to also include any legal proceedings being brought against the member and whether the member is in arrears in respect to a maintenance order or agreement. Also requires disclosure of travel on a non-commercial airline. Increases the amounts requiring disclosure from $1,000.00 to $10,000.00 in relation to assets, liabilities or interests, as well as the source of income from $1,000.00 to $5,000.00. Requires that Returns be maintained for a 2 year period. Permits members to maintain qualifications in a profession or occupation without this action constituting the carrying on of the business or engaging in employment or any practice or profession. Gives the ethics commissioner jurisdiction to conduct an investigation in relation to former Ministers or former political staff members, as well as Ministers. Imposes the 2 year limitation period for any investigations or inquiries. Requires the legislative assembly to debate and vote on a report from the ethics commissioner within 15 days

Lobbyists Act - Bill 1 Amends: None Summary: Requires the registration of paid lobbyists and organizational lobbyists and provides for the creation of a public registry containing information regarding the identify of paid lobbyists and the nature of their lobbying activities. Returns must be filed, in specified formats, for both organizational and consultant lobbyists. Organizational lobbyists are persons, including employees, officers and directors of an organization who are paid to perform their duties within the organization and who lobby for the organization as part of their duties. Consultant lobbyists are outside persons who are retained for the purpose of lobbying on behalf of an organization. The Act also prohibits lobbying on any subject matter for which the lobbyist has a contract for providing paid advice to the Government or a prescribed Provincial entity on that same subject matter. Some exceptions are provided for non-for-profit organizations.

Creates the position of Registrar and makes the registry available for public inspection. Requires the Registrar to conduct investigations where necessary to ensure compliance with the Act. Requires the Ethics Commissioner to prepare a report of that investigation and submit it to the Legislative Assembly. Creates offences for the contravention of, or failure to comply with, enumerated provisions of the Act, and imposes penalties including fines and prohibiting lobbying for certain periods of time. Gives the Lieutenant Governor in Council the power to make related regulations.

In force: On Proclamation Conflicts of Interest Amendment Act, 2007 - Bill 2 Amends: Conflicts of Interest Act, R.S.A. 2000, c. C-23; Public Service Act, R.S.A. 2000,. C. P-42 Summary: Amends the preamble to provide that MLAs can better serve Albertans if they come from a spectrum of occupations and continue to participate actively in the community. Creates the group of

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terment and reinterment. Continues the registry previously known as Vital Statistics Services as “Vital Statistics”, and creates the position of Registrar of Vital Statistics. Protects information collected pursuant to the Act from disclosure except in accordance with the legislation. Creates an offence for contraventions of the Act and imposes a two year limitation period for prosecutions. Provides both the Lieutenant Governor in Council and the Minister the powers to make regulations respecting enumerated areas. Makes consequential amendments to the listed legislation by substituting “Director” with “Registrar”.

In Force: On Proclamation

after the tabling of the report, where a breach has been found. Provides for application to the Court of Queen’s Bench for an Order of Restitution where a member or any other person has realized financial gain from a breach.

Provides restrictions and conditions on the dealings with government by former political staff members, including that, for a period of 6 months after becoming a former political staff member, they shall not solicit contracts or benefits from any public service or agency with which they had significant official dealings, make representations regarding contracts with or benefits from a department of public service or provincial agency, accepting employment in the enumerated circumstances, or acting on a commercial basis or making representations on his or her behalf in connection with a matter with which the former political staff member had significant dealings in their last year of service. Excludes certain contracts or benefits from this prohibition if certain conditions are satisfied.

Imposes a maximum fine amount of $50,000.00 for a breach of this section and imposes a 2 year limitation period for prosecution of offences under this section. Expands the role of the ethics commissioner to also address the conduct of former Ministers, political staff members, former political staff members and others. Provides that a review of this Act must begin by December 1, 2012, and proceed every 5 years thereafter. The transitional part of the Act is repealed. The Public Service Act is amended to extend the post-employment limitations and restrictions.

In Force: On Proclamation

Tourism Levy Amendment Act, 2007 - Bill 9 Amends: Tourism Levy Act, R.S.A. 2000, c. T-5.5 Summary: Provides for refunds of overpayment of tourism levies.

Amends the late filing penalty provisions to provide that $25.00 will be assessed for each day of default, up until 4 days, after which point the amount will be the lesser of the total of the unpaid tourism levy and $25.00 for each day of default, to a maximum of $1,000.00. Also provides that the amount of the penalty for late filing may not be less than $100.00.

Gives the Minister the discretion to establish an amount which, if the notice of assessment indicates an amount owing less than that amount, the Minister may not collect it, or if a refund, not pay it unless specifically requested to do so. Provides for penalties to be assessed against an operator who has collected a greater amount than necessary from a purchaser and who fails or refuses to refund the overpayment. Provides for ex parte application by the Minister to a judge to authorize the Minister to file a Certificate under s. 9 notwithstanding the other requirements may not have been satisfied. The requirements for such an order and for related service and notice requirements are also provided. Authorizations granted may be reviewed by a judge on 6 clear days notice to the Deputy Minister of Justice and the Deputy Attorney General, if made within 30 days from the date of service of the authorization. The service provisions under the Act are amended to permit service by fax. Other consequential amendments are made to include references to amended sections.

In Force: December 7, 2007; Section 2 is deemed to have come into force into on June 1, 1987; Section 4 is deemed to have come into force on April 1, 2005

Private Vocational Schools Amendment Act, 2007 - Bill 7 Amends: Private Vocational Schools Act, R.S.A. 2000, c. P-24; Apprenticeship and Industry Training Act, R.S.A. 2000, c. A-42 Summary: Amends the Private Vocational Schools Act by replacing “schools” with “training”, by eliminating the Class A and B license distinctions, as well as the previous 2 year limitation on the term of a license, and by providing the mechanism by which a licensee may request cancellation of a license.

In Force: December 7, 2007 Vital Statistics Act - Bill 8 Adult Adoption Act, R.S.A. 2000, c. A-4; Cemeteries Act, R.S.A. Amends: 2000, c. C-3; Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C12; Family Law Act, S.A. 2003 c. F-4.5; Fatality Inquiries Act, R.S.A. 2000, c.

F-9; Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F25; Hospitals Act, R.S.A. 2000, c. H-12; Insurance Act, R.S.A. 2000, c. I-3; Marriage Act, R.S.A. 2000, c. M-5 Repeals: Vital Statistics Act, R.S.A. 2000, c. V-4; Vital Statistics Amendment Act, R.S.A. 2000, c. 33 (Supp); Change of Name Act, R.S.A. 2000, c. C-7 Summary: Requires the registration of every birth in Alberta. Requires every child born in Alberta to be registered with a first and last name.

Permits the Registrar to refuse to register a proposed name if it can be reasonably expected to cause confusion, to be an embarrassment to any person, to be used in a manner that could defraud or mislead the public, or to be objectionable on any other grounds. Provides for the amendment of first names as shown on the birth registration document. Provides for registration of adoption and the replacement of a birth registration document with a new birth registration document showing the same date and place of birth as well as the other particulars in accordance with the facts contained in the adoption order. he amendments include amending to the parentage as shown on the birth registration document in accordance with the facts contained in the adoption order. The Registrar is required to maintain a record of all original birth registration documents and accompanying entries or other documents related to the adoption. For any birth registration document issued after an adoption pursuant to the laws of Alberta, nothing can appear on the certificate of birth or of the birth registration documents that would disclose that the person is an adopted person. Requires the registration of every stillbirth that occurs in Alberta.

Provides for the registration of marriages solemnized within Alberta. Provides the eligibility, requirements and conditions for changes of name.

Any person who is at least 18 years of age or if under 18 years, is married, an adult interdependent partner, or the parent or guardian of a child, may apply to change his or her own first or last name. Parents may also consent to the change their child’s name, if the necessary conditions are satisfied.The Act provides specific requirements for the application for a change of name, which include the information prescribed in the regulations. Provides as well for the amendment to birth records when a person’s anatomical sex structure has been changed to the opposite sex.

Requires registration of the death of every person who dies in Alberta. Provides for permits regarding burials, transporting bodies, disin-

Telecommunications Act Repeal Act - Bill 11 Repeals: Telecommunications Act, S.A. 1988, c. T-3.5 Amends: Conflicts of Interest Act, R.S.A. 2000, c. C-23; Municipal Government Act, R.S.A. 2000, c. M-26; Public Service Employee Relations Act, R.S.A. 2000, c. P-43; Public Utilities Board Act, R.S.A. 2000, c.

P-45 Summary: Repeals the Telecommunications Act and makes consequential amendments to the Conflicts of Interest Act and the Municipal Government Act, the Public Service Employee Relations Act and the Alberta Utilities Board Act. In Force: December 7, 2007 Access to the Future Amendment Act, 2007 - Bill 13 Amends: Access to the Future Act, S.A. 2005, c. A-1.5 Summary: The Minister shall continue to administer the Fund and may approve grants, agreements and other payments therefrom. Any income of the Fund will form part of the Fund. Regulations that can be income of the Fund will form part of the Fund. Regulations that can be made by the Lieutenant Governor in Council are no longer restricted to the circumstances and conditions under which a grant may be made from the Fund and now may concern the administration of the Fund generally, as well as any other matter the Lieutenant Governor in Council deems necessary to carry out the intention of the Act. In Force: December 7, 2007 Unclaimed Personal Property and Vested Property Act - Bill 23 Amends: Business Corporations Act, R.S.A. 2000, c. B-9; Companies Act, R.S.A. 2000, c. C-21; Cooperatives Act, S.A. 2001, c. C-28.1; Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12; Metis Settlements Act, R.S.A. 2000, c. M-14; Municipal Government Act, 2000 R.S.A. c. M-26; Public Trustee Act, S.A. 2004, c. P-44.1; Religious Societies’ Land Act, R.S.A. 2000, c. R-15 Repeals: Ultimate Heir Act, R.S.A. 2000, c. U-1 Applies to all unclaimed personal property or vested property Summary: not disposed of or otherwise dealt with under another enactment. Provides that personal property, and any interest therein is abandoned by an apparent owner if unclaimed for the period of time prescribed in the regulations.

Defines property as being unclaimed where the apparent owner has not

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communicated with the holder of the property or otherwise indicated an interest in the personal property in accordance with the regulations. Requires a holder of unclaimed property to provide written notice meeting certain requirements to the apparent owner of the property. Imposes duties on a holder of unclaimed property to provide information regarding the property to the Minister, and to transfer or deliver the unclaimed property to the Minister unless a valid written objection is provided. Allows the holder to recover fees in certain circumstances. Allows the Minister to claim unclaimed personal property from a holder or to demand additional information.

Sets out the circumstances in which property vests in the Crown in right of Alberta. Imposes duties on the holders of vested property, and allows the Minister to make a claim for or demand additional information regarding any such property. Allows the Minister to file a caveat to protect the Crown’s interest in vested land. Allows the Minister to direct the Registrar of Titles cancel an existing certificate of title for vested land and issue a new title in favour of the Crown, with certain registered interests remaining. Requires the Minister to be responsible for the administration of vested property and allows the Minister to inspect the vested land. Authorizes the Minister to transfer the property to another Minister once the certificate is issued, in certain circumstances. Allows the Minister to accept or disclaim an interest in vested lands in accordance with the regulations.

Requires a personal representative of an intestate to deliver to the Minister any portion of the estate for which the representative has not learned of any person entitled by law to that portion within 2 years after the grant of administration. Allows a corporation, society or cooperative that has been dissolved to make a claim for property transferred to the Minister if it is revived within 5 years of dissolution, but protects the Minister from liability for the sale of any such property in the interim.

Provides that unclaimed personal property and vested property or their equivalent value will be held until the end of the 10 year claim period.

Describes the powers and responsibilities of the Minister in administering such property. Authorizes the Minister to provide unclaimed property, or receive unclaimed property from, a foreign administrator exercising a similar role to the Minister in another jurisdiction. Establishes the Unclaimed Personal Property and Vested Property Registry, requires the Registry to maintain certain information.

Establishes the procedures and limitations for making a claim for unclaimed personal property or vested property. Allows the Minister to authorize inspections of a holder of unclaimed personal property or vested property and to obtain a warrant to assist in doing so. Establishes an appeal to the Court of Queen’s Bench for a holder or a claimant with respect to final decisions of the Minister. Creates offences for the contravention of, or failure to comply with the Act or the regulations, and imposes penalties consisting of fines. Gives the Lieutenant Governor in Council the power to make related regulation. Makes consequential amendments to other legislation.

In Force: On Proclamation

peal for administrative penalties. Allows the executive director to make a production order to assist with an investigation or to determine if a person has contravened the legislation.

In Force: On Proclamation Mental Health Amendment Act, 2007 - Bill 31 Amends: Mental Health Act, R.S.A. 2000, c. M-13 Introduces the concept of the “Community treatment order”.

Replaces references to the criteria of “suffering from mental disorder” with the determination that a person is likely to cause harm to the person or others or to suffer substantial mental or physical deterioration or serious physical impairment. Community treatment orders may be issued by two physicians, one of whom must be a psychiatrist, with respect to a person who is a formal patient if the necessary conditions are satisfied. Community treatment orders permit treatment to be provided within the community and can only be issued if a person is able to comply with the treatment or care requirements as set out in the order. Provides for a six month duration of a community treatment order along with renewal and amendment options. Provides the psychiatrist with the ability to issue an apprehension order to a peace officer if he or she has reasonable grounds to believe that a person who is the subject of a community treatment order has failed to comply with it. Provides peace officers with the authority to apprehend a person and convey him or her to a facility for examination if the peace officer has reasonable and probable grounds to believe that they are suffering from a mental disorder, likely to cause harm to themselves or others, or to suffer substantial mental or physical deterioration or serious physical impairment, subject to a community treatment order with which he or she is not in compliance, he or she should be examined in the interests of his or her own safety or the safety of others, and the circumstances are such that proceeding to obtain a warrant based on an application before a provincial court judge would be dangerous. Makes further amendments to reflect the introduction of the community treatment order. Imports a notice requirement to the patient’s family doctor when a patient is discharged from a facility. The regulation-making powers of the Lieutenant Governor in Council are expanded to address community treatment orders and their regulation. Requires a committee of the Legislative Assembly to begin a comprehensive review of the amendments within five years after coming into force, and to submit a report to the Assembly within one year after beginning the review.

In Force: On Proclamation Alberta Personal Income Tax Amendment Act, 2007 - Bill 35 Amends: Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 Summary: Amends the formula for calculating the deduction for charitable and other gifts. Amends the prerequisites to qualify for a tax credit for mental or physical impairments. Adds a new child adoption credit.

Amends the formulas for calculating deductions for taxable dividends.

Provides tax consequences for transactions classified as tax avoidance.

Amends the dollar amounts in the formulas for certain other tax credits.

In Force: December 7, 2007; with exceptions

Real Estate Amendment Act, 2007 - Bill 24 Amends: Real Estate Act, R.S.A. 2000, c. R-5 Summary: Amends the definitions, including “property management” and “trade”. Expands Council’s power to make bylaws to include: regulating trading by an industry member on that member’s own behalf; the calculation of commissions or other remuneration and requirements for criminal records checks to accompany applications for authorization.

Prevents the collection of a commission or other remuneration for services in connection with the business of an industry member in certain circumstances. Restricts the circumstances in which a person may be charged a commission or other remuneration in connection with the sale of land. Amends the requirements for a member who holds money in trust for more than two years after the date on which a person that cannot be located became entitled to it.

Amends the composition of Hearing Panels and Appeal Panels. Revises the rights and responsibilities of investigators and those being investigated for a complaint to the executive director. Amends the requirements of a notice of hearing and notice of appeal, and allows a Hearing Panel or Appeal Panel to proceed in the absence of a member.

Allows the executive director as well as a member to appeal a decision of the Appeal Panel to the Court, provides requirements for such an appeal.

Expands the purpose of the Real Estate Assurance Fund to include payment for a member’s failure to disburse or account for money held in trust in accordance with section 25. Protects governors, officers and employees of the Alberta Real Estate Foundation from liability for performing duties under the legislation in good faith. Creates offences for the contravention of, or failure to comply with additional sections of the Act or the regulations, and imposes penalties consisting of fines. Provides an ap-

Alberta Corporate Tax Amendment Act, 2007 - Bill 36 Amends: Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 Summary: Amends the calculation of specified partnership income.

Amends the deduction for a Canadian-controlled private corporation. Restricts the amounts included in a corporation’s Alberta crown royalty, and amends the calculation of the crown royalty shelter. Applies section 135.1 of the Federal Act with respect to agricultural cooperatives. Revises the classification of certain transactions as tax avoidance.

In Force: December 7, 2007; with exceptions Tobacco Tax Amendment Act, 2007 - Bill 37 Amends: Tobacco Tax Act, R.S.A. 2000, c. T-4 Summary: The amount of tax on every cigarette or tobacco stick purchased is increased from $0.16 to $0.185. The minimum tax payable on each cigar is increased from $0.15 to $0.175, and the maximum tax is increased from $5.00 per cigar to $5.80 per cigar. The tax on every gram or part of a gram of any tobacco, other than cigarettes, tobacco sticks or cigars, is increased from $0.15 to $0.185. Certified mail is removed as an option for service. Provides that objections may be appealed directly to the Court, without first being reconsidered by the Minister, if that wish is expressed in a Notice of Objection. Also provides the option of applying to the Minister for an extension of the time deadline for serving a Notice of Objection, upon the satisfaction of certain conditions.The Minister has the discretion to grant or refuse such an application, but must do so in writing. Any application for extension must be made within one year after the expiration of the time period that would have otherwise been appli-

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Health Professions Statutes Amendment Act, 2007 - Bill 41 Amends: Alberta Health Care Insurance Act, R.S.A. 2000, c. A20; Health Professions Act, R.S.A. 2000, c. H.-7; Medical Profession Act, R.S.A. 2000, c. M.-11 Summary: Requires certain persons to report a potential public health threat to the medical officer of health of the appropriate regional health authority. Provides that members of the Health Professions Advisory Board continue to hold office after the expiry of their term until they are reappointed, their appointment is rescinded or a successor is appointed. Requires the registrar, registration committee or competence committee that suspends or refuses a practice permit, or that imposes conditions on such a permit, to include reasons for doing so in the decision. Requires certain persons providing health services provide their employers with evidence of their practice permit, and to notify them of any changes with respect to that permit. Creates an offence for knowingly employing such a person without them having such a practice permit, and imposes penalties for such an offence ranging from fines to imprisonment. Creates additional offences and sets out the penalties for those offences. Amends the requirements for conducting an alternative complaint resolution process.

Authorizes the Minister to direct a council to: adopt or amend a code of ethics, make bylaws, make regulations or carry out any other duty under the Act or a bylaw in the manner directed by the Minister. Authorizes the Minister to appoint administrators to carry out the powers and duties of the college and its council in certain circumstances, or for the Lieutenant Governor in Council to order the same upon a recommendation by the Minister or where requested by a college. Authorizes the Lieutenant Governor in Council to make additional regulations.

Makes consequential amendments to Alberta Health Care Insurance Act. Authorizes the Minister to makes similar directions to a council under the Medical Profession Act, and allows for the creation of additional regulations under that Act. In Force: On Proclamation

cable. If the Minister refuses an application for extension, or fails to notify the applicant of the Minister’s decision, the applicant may apply to the Court, in accordance with various conditions. Imports a deeming provision, with the result that documents may be deemed to have been executed by the Minister or an official authorized by the Minister.

Provides for ex parte applications to the Court by the Minister where the collection of assessed amounts may be jeopardized by delay.

The Court may authorize the Minister to file the certificate notwithstanding the necessary conditions may not have been satisfied. The necessary criteria and service requirements, as well as applications for review of these decisions, are also provided. Amends the provisions regarding directors’ liability where a corporation has failed to remit tax collected, to provide that a director is not liable if he or she exercised due diligence in attempting to insure that the corporation remitted the tax. Also provides that the Minister shall not take action to collect an amount owed by a director until all reasonable efforts to collect from the corporation have been made and the director has been duly notified in writing. Provides that the Minister may waive or cancel any portion of a penalty or interest payable, or refund the same, if an application is made within four years from the date on which the penalty or interest was assessed.

Replaces the formal communication of information section with a new section that provides the conditions under which information collected under this Act may be disclosed to various different parties under different circumstances. Provides the Minister with the discretion to not collect, or not pay out a refund, in respect of a small amount owing, and provides the Minister with the discretion to prescribe such amount by regulation. Amends the service provisions to allow for service by fax.

Provides for the use of certificates as evidence in prosecutions for offences under the Act. Also provides the Minister with additional regulationmaking authority respecting the disclosure and publication of information under the Act and regarding the ability to prescribe anything required or authorized by this Act, by regulation.

In Force: December 7, 2007; Section 3 is deemed to have come into force on April 20, 2007

Smoke-free Places (Tobacco Reduction) Amendment Act, 2007- Bill 45 Amends: Smoke-free Places Act, S.A. 2005, c. S-9.5 Summary: Changes the title of the Smoke-free Places Act to the Tobacco Reduction Act. Adds definitions related to advertising or promoting the purchase or use of tobacco products. Prohibits smoking within a prescribed distance of a doorway, window, or air intake of a public place or workplace. Prohibits the display of tobacco products in a way that allows a consumer to view or handle the product before purchasing it. Prohibits the advertising or promotion of tobacco products in any place where they are sold, or any place which is visible from outsidea place where such products are sold. Prohibits the sale of tobacco in other enumerated locations.

Creates offences for the contravention of, or failure to comply with the Act or the regulations, and imposes penalties including fines or a prohibition on selling tobacco products. Amends the regulation-making power of the Lieutenant Governor in Council.

Government Organization Amendment Act, 2007 - Bill 38 Amends: Government Organization Act, R.S.A. 2000, c. G-10 Summary: Amends the Government Organization Act to define and provide for the enforcement of Trade Investment and Labour Mobility Agreement Awards requirements.

In Force: December 7, 2007 Personal Directives Amendment Act, 2007 - Bill 40 Amends: Personal Directives Act, R.S.A. 2000, c. P-6 Summary: Provides definitions for health information, personal information, public guardian, and significant change. Expands the scope of Personal Directives to address when the maker is the guardian of a minor who is designating an Agent to take over the care and education of the minor. Permits designation of the public guardian as an Agent in a Personal Directive. Provides that a Personal Directive only ceases to have effect when a determination is made pursuant to s. 10.1 that the maker has regained capacity to make decisions with respect to the matter at issue.

Provides the mechanism and requirements for reassessing a Personal Directive Maker’s capacity when it appears as though there has been a significant change to it. Permits delegation by the public guardian of powers and duties under this Act or by an Order of the Court. Provides the mechanism for complaints to the public guardian in the event an interested person feels an Agent is failing to comply with the Personal Directive in a manner that is likely to cause harm to the maker. Requires the public guardian to review complaints and provides a mechanism and the authority for the public guardian to conduct an investigation, as well as the power to take various actions upon the conclusion of an investigation.

Requires the public guardian to refer complaints to the Minister of Justice and Attorney General in various circumstances.

Gives the Court the power to revoke the authority of an Agent.

Protects the public guardian or persons acting under his or her direction for things done in good faith in the exercise of performance of powers under the Act. Revises the access to information section to provide greater clarity regarding the use and disclosure of personal information respecting a maker. Gives the Lieutenant Governor in Council the authority to make regulations regarding a number of issues including the definition of words or expressions that are used but not defined in the Act. The Minister’s ability to pass regulations on this topic is repealed.

In Force: On Proclamation

Alberta Utilities Commission Act - Bill 46 Amends: Ambulance Services Act, R.S.A. 2000, c. A-39; City Transportation Act, R.S.A. 2000, c. C-14; Conflicts of Interest Act, R.S.A. 2000, c. C-23; Electric Utilities Act, S.A. 2003, c. E-5.1; Energy Resources Conservation Act ; Environment Protection and Enhancement Act, R.S.A. 2000, c. E-12; Fair Trading Act, R.S.A. 2000, c. F-2; Financial Administration Act, R.S.A. 2000, c. F-12; Financial Administration Amendment Act, S.A. 2004, c. F-7; Gas Distribution Act, R.S.A. 2000, c. G-3; Gas Distribution Amendment Act, R.S.A. 2000, c. 13 (Supp); Gas Utilities Act, R.S.A. 2000, c. G-5;Government Organization Act, R.S.A. 2000, c. G-10; Hydro and Electric Energy Act, R.S.A. 2000, c. H-16; Irrigation Districts Act, R.S.A. 2000, c. I-11; Mines and Minerals Act, R.S.A. 2000, c. M-17; Municipal Government Act, R.S.A. 2000, c. M-26; Natural Gas Marketing Act, R.S.A. 2000, c. N-1; Natural Gas Rebates Act, R.S.A. 2000, c. N-2; Oil and Gas Conservation Act, R.S.A. 2000, c. O-6; Petroleum Marketing Act, R.S.A. 2000, c. P-10; Pipeline Act, R.S.A. 2000, c. P-15; Postsecondary Learning Act, S.A. 2003, c. P-19.5; Public Highways Development Act, R.S.A. 2000, c. P-38; Public Utilities Board 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; 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 Repeals: Alberta Energy and Utilities Board Act, R.S.A. 2000, c. A-17

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and to impose that plan on the board of a hospital or on the regional health authority. Requires a board of a non-regional hospital that provides services to a regional health authority to enter into a service agreement with the authority with respect to the provision of those services.

Allows the Minister to appoint official administrators of a hospital if the Minister believes that the board has contravened the legislation, failed to comply with directions of the Minister or any agreement with the regional health authority, or otherwise prejudicially affected the health or well-being of patients. Sets out the powers and responsibilities of an official administrator. Allows the Minister to act in place of a regional authority or official administrator.

Amends the arrangement and responsibilities of hospital boards.

Provides the Minister with the authority to amend existing bylaws (including medical staff bylaws in certain cases), to adopt new ones, or to request that the board do the same. Gives the Lieutenant Governor in Council the power to make additional regulations related to the new provisions under the Hospitals Act. Creates offences for the contravention of, or failure to comply with, enumerated provisions of the Act, and imposes penalties in the nature of fines. Provides protection from liability for certain persons carrying out their duties under the Act in good faith.

Amends the Nursing Homes Act by providing the Minister with the authority to make additional orders to remedy contraventions of the Act or other improper actions by the operators of nursing homes. Amends the offences and fines for contravening the legislation, a nursing home contract, or an order or direction of the Minister. Provides protection from liability for certain persons carrying out their duties under the Act in good faith.

The Regional Health Authorities Act is amended to prevent agreements between the Minister and a regional health authority from operating notwithstanding the Act or the regulations after December 31, 2007.

In Force: On Proclamation

Summary: Establishes the Alberta Utilities Commission. Sets out the membership and appointment process of the Commission, as well as the powers and duties of the Commission and its members. Requires notice to be given and a hearing to be held for certain orders or decisions of the Commission that may directly and adversely affect the rights of others. Allows the Commission to review any decisions or orders it has made. Provides the Commission with the powers of a Court of Queen’s Bench judge with respect to certain procedural rules and the enforcement of its orders, and allows the Commission to apply to the Court to hold a person in contempt.

Allows the Chair of the Commission to designate members to sit as divisions of the Commission, and to direct a division to conduct certain proceedings. Allows the Commission to jointly conduct a hearing with another board, commission or other body. Provides rules for evidence, witnesses and costs of proceedings before the Commission. Allows the Commission to order a person to do, or cease doing, anything required under the Act, other enactments, or any order or rule of the Commission. Provides rules for appeals from a decision or order of the Commission to the Court of Appeal on a question of law or jurisdiction, and provides a privative clause for other judicial review.

Establishes the Office of the Utilities Consumer Advocate. Requires the Minister to appoint an Advocate who is independent of the Alberta utility industry, and sets out the terms of that appointment and the responsibilities of the Advocate. Allows the Minister to appoint members of a governance board of the Office of the Utilities Consumer Advocate, and sets out the functions of that board. Provides a process for customers to make a complaint to the Office, and to make a complaint to the chair of the governance board regarding the Office. Allows the Minister to make regulations related to the Office or the governance board.

Continues the position of Market Surveillance Administrator, and sets out the powers and duties of the Administrator. Provides a process for any person to make a complaint to the Administrator, and for the investigation of complaints or other concerns. Allows the Administrator, following such an investigation, to issue a notice of specified penalty to the person being investigated in certain circumstances, or to request that the Commission hold a hearing or other proceeding. Allows the Commission to make certain orders, issue certain administrative penalties, or impose other terms and conditions including prohibitions on the person subject to the hearing or other proceeding. Imposes a limitation period for the imposition of such penalties. Allows the Administrator to refrain from exercising any power if the Administrator finds that a person, product or service is subject to competition sufficient to protect the public interest.

Allows complaints regarding the Administrator to be made to the Commission. Allows the Minister to make regulations related to the Administrator. Provides the Administrator with certain protections from liability.

Creates offences for failing to comply with the Act or any order of the Commission, and imposes penalties in the nature of fines. Allows the Commission to order the payment of costs of the investigation and the hearing or other proceeding. Allows the Lieutenant Governor in Council to make regulations, and the Commission to make rules or codes of practice governing any matter or person within its jurisdiction. Provides transitional provisions and makes consequential amendments to other Acts.

In Force: On Proclamation; Section 96(14)(c)(ii) is deemed to have come into force on June 1, 2003

Traffic Safety Amendment Act, 2007 - Bill 49 Amends: Traffic Safety Act, R.S.A. 2000, c. T-6; Insurance Act, R.S.A. 2000, c. I-3 Summary: Amends the Act to allow for “intersection safety devices,” which monitor and record not only the traffic control signal when the vehicle proceeds through an intersection, but also the speed of the vehicle while doing so. Adds a privative clause to judicial review of Board decisions. For commercial vehicles, allowing a copy of the certificate of registration to be substituted for the certificate itself.

Adds definitions to the section delineating the situations in which a driver will be deemed to be an agent of the owner of a motor vehicle. The liability for loss or damage caused by a motor vehicle is limited for a lender, lessor or seller of a motor vehicle as defined under that section. The Insurance Act is also amended to allow for regulations to be created reflecting the priority of payment of insurance held by a lessor as defined under the amended Traffic Safety Act. In Force: Sections 2, 3, 7, 8, 9, 10, 11, 12, 13, and 14 come into force on Proclamation Health Professions Statutes Amendment Act, 2007 (No. 2) - Bill 50 Health Professions Act, R.S.A. 2000, c. H-7; Medical ProfesAmends: sions Act, R.S.A. 2000, c. M-11 Summary: Amends the Health Professions Act and the Medical Professions Act to protect from liability a person who performs an assessment of the competence of an individual applying for registration to provide professional services under the Acts, at the request of the council of that profession.

In Force: December 7, 2007

Livestock Commerce and Animal Inspection Statutes Amendment Act, 2007 - Bill 47 Amends: Livestock Identification and Commerce Act, S.A. 2006, c.

L-16.2; Animal Health Act, A. 2007, c. A-40.2 Summary: Revises definitions, including specifically defining a “live stock security interest”. Amends the requirements for disclosure and documentation when buying or selling livestock. Amends the requirements for the delivery of livestock to those set out in the regulations. Consequential amendments to wording in other sections of the Act. The Animal Health Act is also amended to expand the powers of inspectors to inspect any premises where animals or animal by-products are, or are proposed to be, bought, sold or stored.

In Force: December 7, 2007

Corrections Amendment Act, 2007 - Bill 52 Amends: Corrections Act, R.S.A. 2000, c. C-29 Summary: Requires the Director of a correctional institution to disclose information about an offender and his or her sentence to the victim of that offender. Also provides the Director with discretion to disclose certain additional information regarding the offender and conditions related to the offender’s incarceration and release. Imposes similar requirements and provides similar discretion to a probation officer upon the request of a victim of an offender under that officer’s supervision.

Allows a Director to electronically monitor or record telephone calls in certain circumstances. Amends the conditions and terms for the appointment of hearing adjudicators to conduct disciplinary hearings. Creates the position of appeal adjudicators and sets out the procedure for an appeal of a decision of a hearing adjudicator. Allows for judicial review of a decision of an appeal adjudicator, and requires that the Director be a party to the judicial review and make full submissions on the application.

Gives the Lieutenant Governor in Council the power to make additional

Health Facilities Accountability Statutes Amendment Act, 2007 - Bill 48 Amends: Hospitals Act, R.S.A. 2000, c. H-12; Nursing Homes Act, R.S.A. 2000, c. N-7; Regional Health Authorities Act, R.S.A. 2000, c. R-10 Repeals: Hospitals Amendment Act, R.S.A. 2000, c. 14 (Supp) Summary: Repeals provisions in the Hospitals Act related to transferring assets and responsibilities of the district to a regional health authority.

Allows the Minister to establish a plan for the services provided by a hospital and for the integration of one or more hospitals serving a health region,

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County of Westlock Water Authorization Act - Bill 54 Amends: None Summary: Permits transfer of water between the Athabasca River Basin and the North Saskatchewan River Basin in maximum amounts of 208.78 cubic decametres annually, to address problems with shortages and with the quality of potable water supplies in the County of Weslock.

In Force: December 7, 2007 East Central Regional Water Authorization Act - Bill 55 Repeals: Stettler Regional Water Authorizations Act, S.A. 2005, c.S-19.5; Town of Bashaw and the Village of Ferintosh Water Authorization Act, S.A. 2007, c. T-5.7 Summary: Permits transfer of water between the South Saskatchewan River Basin and the North Saskatchewan River Basin in maximum amounts of 10,800 cubic decametres annually, to address problems with shortages and with the quality of potable water supplies in the County of Stettler No. 6, Lacombe County, County of Camrose No. 22, County of Paintearth No. 18 and Special Area No. 4.

In Force: December 7, 2007 Appropriation (Supplementary Supply) Act, 2007 (No. 2) - Bill 56 Amends: None Summary: Provides for specific payments from the General Revenue Fund towards defraying the charges and expenses of the Public Service for equipment/inventory purchases and capital investment for the fiscal year ending March 31, 2008. Those payments are broken down and set out in the Schedule. Requires that all money expended under the Act be accounted for.

In Force: December 7, 2007 Miscellaneous Statutes Amendment Act, 2007 (No. 2) - Bill 57 Amends: Family Support for Children with Disabilities Act, A 2003, c. F.-5.; Legal Profession Act, R.S.A. 2000, c. L.-8; Provincial Court Act, R.S.A. 2000, c. P.-31; Provincial Offences Procedure Act, R.S.A. 2000, c.P.34; School Act, R.S.A. 2000, c. S.-3 Summary: Amends Family Support for Children with Disabilities Act and the School Act by replacing references to repealed Acts. Amends the requirements for investment by the Alberta Law Foundation in the Legal Profession Act. Amends the Provincial Offences Procedure Act to allow an offence notice to be sent to an address shown in the records of the registrar of motor vehicles or similar official from another jurisdiction.

In Force: December 7, 2007

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. E.M.

Safer Communities and Neighbourhoods Act - Bill 212 Amends: Residential Tenancies Act, R.S.A. 2000, c. R-17.1 Summary: Allows persons to make a complaint to the Director of Law Enforcement, appointed under the Police Act, if they believe that their community or neighbourhood is being adversely affected by certain activities. These activities include the manufacturing, sale or use of controlled substances, activities related to prostitution or child sexual abuse, gang-related activity and other criminal offences. Provides Director with discretion to investigate the complaint or take other appropriate action.

Allows Director to apply to the Court for a community safety order, which may require persons to vacate a property or part of a property, terminate any tenancy or lease of the tenant on a property, close the property from use or occupation for a certain period of time, or make any other provision necessary for the effectiveness of the safety order. A resident or the Director can apply to vary the community safety order, and a complainant may also apply

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

E. (Sonny) Mirth, Q.C.

Teachers’ Pension Plans Amendment Act, 2007 - Bill 53 Amends: Teachers’ Pension Plans Act, R.S.A. 2000, c. T-1 Summary: Amends the Teachers’ Pension Plans Act to compel the Crown to pay all additional contributions on pensionable salary in respect of the period from September 1 to December 31, 2007 that would otherwise have been paid by contributing active members. Treats these additional contributions as employer-contributions under the Act. In Force: September 1, 2007

for such an order if the Director has not done so.

Provides an appeal procedure for persons affected by decisions made under this part.

Delineates the authority of the Director and provides protection for the confidentiality of the complainant. Creates an obligation on a person transferring an interest in property affected by an application to inform the other person of the application, and makes an order binding on subsequent persons acquiring or occupying the property. Creates offences and sets out punishments for failing to comply with a community safety order and for defacing or otherwise interfering with such an order that has been posted.

Defines fortified buildings, which includes a building protected by bulletproof material, by metal plating that is not structurally necessary, by armoured or specifically reinforced doors, by metal bars on exterior windows, or by any other method prescribed by regulation. Creates inspectors, who are authorized to investigate such buildings. Allows inspectors to obtain a warrant authorizing entry into such buildings and seize anything they deem reasonably necessary.

Allows the Director to designate a fortified building as a threat to public safety, and to issue a removal order with respect to any specified fortifications. Allows the Director to apply to a Registrar to register an interest based on such an order against the affected title. Allows the Director to get a closure order to enter the building in order to remove fortifications and take any related action.

Provides an appeal procedure for persons affected by decisions made under this part. Creates offences and sets out punishments for failing to comply with a closure order and for defacing or otherwise interfering with such an order that has been posted.

Requires a peace officer to provide any assistance requested by the Director. Creates rebuttal presumptions regarding offences for applications under the Act. Provides immunity for the Crown, Minister, Director, inspectors or other persons if acting in good faith pursuant to the authority of the Act. Gives the Lieutenant Governor in Council the power to make regulations on enumerated topics.

Provides that the Act will prevail in the event of any conflict with the Residential Tenancies Act and makes consequential amendments to that Act. In Force: On Proclamation

EDMONTON COMMITTEE Christopher R. Head W. Benjamin Russell Gordon D. Sustrik, Q.C. 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, Q.C.

regulations related to the new provisions under this Act. In Force: On Proclamation

CALGARY COMMITTEE Bill Ranson, Q.C. - 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 Leila Gosselin Sasha Ransom Ex Officio: Jack Dunphy, Q.C. H.A. Robertson, Q.C.