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27th Legislature Second Session Fall 2009

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LEGISLATIVE REVIEW SUMMARY Fall 2009 - 27th Legislature - 2nd Session HIGHLIGHTS The 2009 Fall Session of the Legislature resulted in the passing of 17 bills. Worthy of particular note are The Rules of Court Statutes Amendment Act, 2009, Bill 31, the Crown’s Right of Recovery Act, 2009, and the Professional Corporations Statutes Amendment Act, 2009, Bill 53.

Amended Legislation

Bee Act, R.S.A. 2000, c. B-2 Builders’ Lien Act, R.S.A. 2000, c. B-7 Burial of the Dead Act, R.S.A. 2000, c. B-8 Business Corporations Act, R.S.A. 2000, c. B-9 Cemeteries Act, R.S.A. 2000, c. C-3 Change of Name Act, R.S.A. 2000, c. C-7 Charitable Fund-raising Act, R.S.A. 2000, c. C-9 Child Care Licensing Act, R.S.A. 2000, c. C-10.5 Child, Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 Child, Youth and Family Enhancement Act, S.A. 2008, c. 31 Civil Enforcement Act, R.S.A. 2000, c. C-15 Class Proceedings Act, S.A. 2003, c. C-16.5 Coal Conservation Act, R.S.A. 2000, c. C-17 Companies Act, R.S.A. 2000, c. C-21 Condominium Property Act, R.S.A. 2000, c. C-22 Cooperatives Act, S.A. 2001, c. C-28.1 Court of Appeal Act, R.S.A. 2000, c. C-30 Court of Queen’s Bench Act, R.S.A. 2000, c. C-31 Court Statutes Amendment Act, S.A. 2008, c. 32 Credit Union Act, R.S.A. 2000, c. C-32 Criminal Notoriety Act, S.A. 2005, c. C-32.5 Dairy Industry Act, R.S.A. 2000, c. D-2 Debtors’ Assistance Act, R.S.A. 2000, c. D-6 Defamation Act, R.S.A. 2000, c. D-7 Dependants Relief Act , R.S.A. 2000, c. D-10.5 Dependent Adults Act, R.S.A. 2000, c. D-11 Dower Act, R.S.A. 2000, c. D-15 Drainage Districts Act, R.S.A. 2000, c. D-16 Election Act, R.S.A. 2000, c. E-1 Election Finances and contributions Disclosure Act, R.S.A. 2000, c. E-2 Electric Utilities Act, S.A. 2003, c E-5.1 Emblems of Alberta Act, R.S.A. 2000, c. E-6 Emergency Health Services Act, S.A. 2008, c. E-6.6 Employment Pension Plans Act, R.S.A. 2000, c. E-8 Employment Standards Code, R.S.A. 2000, c. E-9 Engineering, Geological and Geophysical Professions Act, R.S.A. 2000, c. E-11 Engineering, Geological Geophysical Professions Amendment Act, S.A. 2007, c .13 Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 Expropriation Act, R.S.A. 2000, c. E-13 Extra-provincial Enforcement of Custody Orders Act, R.S.A. 2000, c. E-14 Fair Trading Act, R.S.A. 2000, c. F-2 Family Law Act, S.A. 2003, c. F-4.5 Farm Implement Act, R.S.A. 2000, c. F-7 Forests Act, R.S.A. 2000, c. F-22 Fuel Tax Act, S.A. 2006, c. F-28.1 Funeral Services Act, R.S.A. 2000, c. F-29 Gaming and Liquor Act , R.S.A. 2000, c. G-1 Gas Distribution Act, R.S.A. 2000, c. G-3 Gas Resources Preservation Act, R.S.A. 2000, c. G-4 Health Care Protection Act, R.S.A. 2000, c. H-1 Health Disciplines Act, R.S.A. 2000, c. H-2 Health Facilities Review Committee Act, R.S.A. 2000, c. H-3 Health Information Act, R.S.A. 2000, c. H-5 Health Insurance Premiums Act, R.S.A. 2000, c. H-6 Health Professions Act, R.S.A. 2000, c. H-7 Highways Development and Protection Act, S.A. 2004, C. H-8.5 Historical Resources Act, R.S.A. 2000, c. H-9 Horse Racing Alberta Act, R.S.A. 2000, c. H-11.3

Alberta Corporate Tax Act, RSA 2000 cA-15 Alberta Evidence Act, RSA 2000 cA-18 Alberta Health Care Insurance Act, RSA 2000 cA-20 Alberta Investment Management Corporation Act, SA 2007 cA-26.5 Alberta Utilities Commission Act, SA 2007 cA-37.2 Child, Youth and Family Enhancement Act, RSA 2000 cC-12 Companies Act, RSA 2000 cC-21 Corrections Act, RSA 2000 cC-29 Court of Queen’s Bench Act, RSA 2000 cC-31 Election Finances and Contributions Disclosure Act, RSA 2000 cE-2 Electric Utilities Act, SA 2003 cE-5.1 Emergency Health Services Act, SA 2008 cE-6.6 Family Law Act, SA 2003 cF-4.5 Fatality Inquiries Act, RSA 2000 cF-9 Government Organization Act, RSA 2000 G-10 Health Information Act, RSA 2000 cH-5 Health Professions Act, RSA 2000 cH-7 Hydro and Electric Energy Act, RSA 2000 cH-16 Insurance Act, RSA 2000 cI-3 Insurance Amendment Act, SA 2008 c19 Legal Profession Act, RSA 2000 cL-8 Local Authorities Election Act, R.S.A. 2000, c. L-21 Medical Profession Act, RSA 2000 cM-11 Mental Health Act, RSA 2000 cM-13 Mental Health Amendment Act, SA 2007 c35 Municipal Government Act, RSA 2000 cM-26 Regulated Accounting Profession Act, RSA 2000 cR-12 Personal Information Protection Act, SA 2003 cP-6.5 Provincial Offences Procedure Act, RSA 2000 cP-34 Public Health Act, RSA 2000 cP-37 School Act, RSA 2000 cS-3 Senatorial Selection Act, RSA 2000 cS-5 * SEE ALSO THE STATUES LISTED BELOW UNDER BILL 31

Detailed Listing of Bills Rules of Court Statutes Amendment Act, 2009 Bill 31 Amends: Administration of Estates Act, R.S.A. 2000, c. A-2 Adult Adoption Act, R.S.A. 2000, c. A-4 Agricultural Operation Practices Act, R.S.A. 2000, c. A-7 Agricultural Pests Act, R.S.A. 2000, c. A-7 Agricultural Service Board Act, R.S.A. 2000, c. A-10 Agrology Profession Act, S.A. 2005, c. A-13.5 Alberta Corporate Tax, R.S.A. 2000, c. A-15 Alberta Evidence Act, R.S.A. 2000, c. A-18 Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20 Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 Alberta Utilities Commission Act, S.A. 2007, c. A-37.2 Ambulance Services Act, R.S.A. 2000, c. A-39 Animal Protection Act, R.S.A. 2000, c. A-41 Apprenticeship and Industry Training Act, R.S.A. 2000, c. A-42 Arbitration Act, R.S.A. 2000, c. A-43 Architects Act, R.S.A. 2000, c. A-44 Assured Income for the Severely Handicapped Act, S.A. 2006, c. A-45.1 2

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Hospitals Act, R.S.A. 2000, c. H-12 Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 Income and Employment Supports Act, S.A. 2003, c. I-0.5 Insurance Act, R.S.A. 2000, c. I-3 Insurance Amendment Act, S.A. 2008, c. 19 Interjurisdictional Support Orders Act, S.A. 2002, c. I-3.5 International Trade and Investment Agreements Implementation Act, R.S.A. 2000, c. I-7 Irrigation Districts Act, R.S.A. 2000, c. I-11 Judicature Act, R.S.A. 2000, c. J-2 Jury Act , R.S.A. 2000, c. J-3 Labour Relations Code, R.S.A. 2000, c. L-1 Land Agents Licensing Act, R.S.A. 2000, c. L-2 Land Surveyors Act, R.S.A. 2000, c. L-3 Land Titles Act, R.S.A. 2000, c. L-4 Law of Property Act, R.S.A. 2000, c. L-7 Legal Profession Act, R.S.A. 2000, c. L-8 Legislative Assembly Act, R.S.A. 2000, c. L-9 Limitations Act, R.S.A. 2000, c. L-12 Livestock Identification and Commerce Act, S.A. 2006, c. L-16.2 Livestock Industry Diversification Act, R.S.A. 2000, c. L-17 Livestock and Livestock Products Act, R.S.A. 2000, c. L-18 Loan and Trust Corporations Act, R.S.A. 2000, c. L-20 Local authorities Election Act, R.S.A. 2000, c. L-21 Maintenance Enforcement Act, R.S.A. 2000, c. M-1 Mandatory Testing and Disclosure Act, S.A. 2006, c. M-3.5 Marketing of Agricultural Products Act, R.S.A. 2000, c. M-4 Marriage Act, R.S.A. 2000, c. M-5 Matrimonial Property Act, R.S.A. 2000, c. M-8 Meat Inspection Act, R.S.A. 2000, c. M-9 Medical Profession Act, R.S.A. 2000, c. M-44 Members of the Legislative Assembly Pension Plan Act, R.S.A. 2000, c. M-12 Mental Health Act, R.S.A. 2000, c. M-13 Mental Health Amendment Act, S.A. 2007, c. 35 Metis Settlements Act, R.S.A. 2000, c. M-14 Mines and Minerals Act, R.S.A. 2000, c. M-17 Mobile Home Sites Tenancies Act, R.S.A. 2000, c. M-20 Motor Vehicle Accident Claims Act, R.S.A. 2000, c. M-22 Municipal Government Act, R.S.A. 2000, c. M-26 Natural Gas Marketing Act, R.S.A. 2000, c. N-1 Nursing Homes Act, R.S.A. 2000, c. N-7 Occupations Health and Safety Act, R.S.A. 2000, c. O-2 Oil and Gas Conservation Act, R.S.A. 2000, c. O-6 Opticians Act, R.S.A. 2000, c. O-9 Partnership Act, R.S.A. 2000, c. P-3 Peace Officer Act, S.A. 2006, c. P-3.5 Perpetuities Act, R.S.A. 2000, c. P-5 Personal Directives Act, R.S.A. 2000, c. P-6 Personal Property Security Act, R.S.A. 2000, c. P-7 Pharmacy and Drug Act, R.S.A. 2000, c. P-13 Physical Therapy Profession Act, R.S.A. 2000, c. P-14 Pipeline Act, R.S.A. 2000, c. P-15 Podiatry Act, R.S.A. 2000, c. P-16 Police Act, R.S.A. 2000, c. P-17 Police Officers Collective Bargaining Act, R.S.A. 2000, c. P-18 Possessory Liens Act, R.S.A. 2000, c. P-19 Post-secondary Learning Act, S.A. 2003, c. P-19.5 Powers of Attorney Act, R.S.A. 2000, c. P-20 Private Vocational Training Act, R.S.A. 2000, c. P-24 Proceedings Against the Crown Act, R.S.A. 2000, c. P-25 Professional and Occupational Associations Registration Act, R.S.A. 2000, c. P-26 Protection Against Family Violence Act, R.S.A. 2000, c. P-27 Protection for Persons in Care Act, R.S.A. 2000, c. P-29 Protection of Sexually Exploited Children Act, R.S.A. 2000, c. P30.3 Provincial Court Act, R.S.A. 2000, c. P-31 Provincial Offences Procedure Act, R.S.A. 2000, c. P-34 Provincial Parks Act, R.S.A. 2000, c. P-35 Public Health Act, R.S.A. 2000, c. P-37 Public Highways Development Act, R.S.A. 2000, c. P-38 Public Lands Act, R.S.A. 2000, c. P-40

Public Service Employee Relations Act, R.S.A. 2000, c. P-43 Public Utilities Act, R.S.A. 2000, c. P-45 Public Works, R.S.A. 2000, c. P-46 Radiation Protection Act, R.S.A. 2000, c. R-2 Railway (Alberta) Act, R.S.A. 2000, c. R-4 Real Estate Act, R.S.A. 2000, c. R-5 Reciprocal Enforcement of Judgments Act, R.S.A. 2000, c. R-6 Recording of Evidence Act, R.S.A. 2000, c. R-7.5 Regulated Accounting Profession Act, R.S.A. 2000, c. R-12 Regulated Forestry Profession Act, R.S.A. 2000, c. R-13 Religious Societies’ Land Act, R.S.A. 2000, c. R-15 Residential Tenancies Act, S.A. 2004, c. R-17.1 Rural Electrification Loan Act, R.S.A. 2000, c. R-19 Rural Electrification Long-term Financing Act, R.S.A. 2000, c. R-20 Rural Utilities Act, R.S.A. 2000, c. R-21 Safety Codes Act, R.S.A. 2000, c. S-1 School Act, R.S.A. 2000, c. S-3 Securities Act, R.S.A. 2000, c. S-4 Social Care Facilities Licensing Act, R.S.A. 2000, c. S-1 Social Care Facilities Review Committee Act, R.S.A. 2000, c. S-11 Soil Conservation Act, R.S.A. 2000, c. S-15 Surface Rights Act, R.S.A. 2000, c. S-24 Surveys Act, R.S.A. 2000, c. S-26 Teachers’ Pension Plans Act, R.S.A. 2000, c. T-1 Teaching Profession Act, R.S.A. 2000, c. T-2 Tobacco Tax Act, R.S.A. 2000, c. T-4 Tourism Levy Act, R.S.A. 2000, c. T-5.5 Traffic Safety Act, R.S.A. 2000, c. T-6 Trustee Act, R.S.A. 2000, c. T-8 Unconscionable Transactions Act, R.S.A. 2000, c. U-2 Veterinary Profession Act, R.S.A. 2000, c. V-2 Victims Restitution and Compensation Payment Act, S.A. 2001 c. V-3.5 Vital Statistics Act, S.S. 2007 c. V-4.1 Water Act, R.S.A. 2000, c. W-3 Weed Control, R.S.A. 2000, c. W-5 Wildlife Act, R.S.A. 2000, c. W-10 Woodmen’s Lien Act, R.S.A. 2000, c. W-14 Workers’ Compensation Act, R.S.A. 2000, c. W-15 Summary: This legislation provides underpinnings for the adoption of comprehensive new Rules of Court; and therefore affects and amends numerous statutes. Refer to the Bill itself for content. In Force: On Proclamation Gunshot and Stab Wound Mandatory Disclosure Act Bill 46 Amends: None Summary: Requires a health care facility or emergency medical technician who treats a gunshot or stab wound to disclose information to police as soon as reasonably practical, including the injured person’s name, the name and location of the health care facility or location where the injured person was treated, and other information required by regulation. Exempts any stab wound that is reasonably believed to be self-inflicted or unintentionally inflicted. Provides protection from liability for anything done or omitted to be done in good faith under the Act. In Force: On Proclamation Crown’s Right of Recovery Act, 2009 Bill 48 Amends: Alberta Corporate Tax Act, RSA 2000 cA-15 3

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Alberta Health Care Insurance Act, RSA 2000 cA-20 Emergency Health Services Act, SA 2008 cE-6.6 Insurance Act, RSA 2000 cI-3 Insurance Amendment Act, SA 2008 c19 Mental Health Act, RSA 2000 cM-13 Public Health Act, RSA 2000 cP-37

Electric Statutes Amendment Act, 2009 Bill 50 Amends: Alberta Utilities Commission Act, SA 2007 cA-37.2 Electric Utilities Act, SA 2003 cE-5.1 Hydro and Electric Energy Act, RSA 2000 cH-16

Summary: Provides the Crown with a right to recover, from a person whose wrongful act or omission results in personal injuries to a victim, the cost of present and future health services related to the victim’s personal injuries. Provides that the Crown’s right of recovery will be reduced based on the victim’s contributory negligence, and that the Crown may not recover for personal injuries caused by a wrongdoer through the operation of a motor vehicle where such injuries are covered by insurance. Allows the Crown to collect interest on a judgment based on its right of recovery. Establishes a limitation period for the Crown of 6 months after the expiration of the victim’s limitation period to commence an action against the wrongdoer. Allows the Director appointed under the Act to enter into settlement related to the Crown’s right of recovery. Imposes an obligation on victims who consult a lawyer in relation to personal injuries to provide the Director with information prescribed by regulation, and allows the Director to request information relating to the wrongful act, the personal injuries and the health services received. Also imposes an obligation on an insurer to notify the Director when it learns of circumstances where the Crown’s right of recovery may arise. Requires any person or public body to provide information relating to health records to the Director upon request, and allows for disclosure of the information for the purpose of enforcing the right of recovery. Requires the Minister to establish an aggregate assessment payable by automobile insurers each calendar year based on the estimate of the Crown’s cost of health services for personal injuries suffered by victims as a result of a wrongful acts in related to the operation of motor vehicles in which the wrongdoer was insured. Requires the Minister of Finance to establish an assessment factor based on the annual aggregate assessment, which creates an amount each automobile is required to pay based on their respective total premiums written for third party liability insurance in that calendar year. Imposes obligations on insurers to provide such financial information, imposes penalties for failure to disclose such information, and allows the Minister to estimate amounts owed by insurers in the absence of such information. Allows the Crown to recover the cost of health services for personal injuries suffered by a person during the commission of certain offences, if they are ultimately convicted of the offence. Allows the Director to hire legal counsel for the purpose of exercising the Crown’s right of recovery. Provides the Crown with a direct and distinct action against a manufacturer of tobacco products to recover the Crown’s cost of health services caused or contributed to by a tort committed by a tobacco manufacturer or by a breach of any duty owed by a manufacturer to persons in Alberta that may be exposed to tobacco products. Establishes formulas for the right of recovery against tobacco manufacturers, and provides for joint and several liability against the manufacturers. Allows for the admission of population-based evidence in such an action, and also allows for a finding of liability based on a manufacturer’s contribution to risk of disease.

Summary: Allows the Lieutenant Governor in Council to make regulations under the Electric Utilities Act relating to reliability standards for transmission facilities, electric distribution systems or generating units. Provides the Market Surveillance Administrator the authority under the Alberta Utilities Commission Act to investigate and issue penalties related to failures to comply with such reliability standards. Also allows the Lieutenant Governor in Council to designate certain proposed transmission facilities as critical transmission infrastructure, and prevents the Alberta Utilities Commission from refusing the approval of any designated critical transmission infrastructure on the basis that it does not meet the needs of Alberta. Adds a schedule to the Electric Utilities Act setting out transmission facilities designated as critical transmission infrastructure, and provides for the staged development of that critical transmission infrastructure. In Force: On Proclamation Miscellaneous Statutes Amendment Act, 2009 Bill 51 Amends: Alberta Evidence Act, RSA 2000 cA-18 Child, Youth and Family Enhancement Act, RSA 2000 cC-12 Companies Act, RSA 2000 cC-21 Family Law Act, SA 2003 cF-4.5 Fatality Inquiries Act, RSA 2000 cF-9 Government Organization Act, RSA 2000 G-10 School Act, RSA 2000 cS-3 Summary: Amends the time under the Companies Act for an application to restore a company that had been struck to the register to either five years from the date the company was struck or five years from the coming into force of the Unclaimed Personal Property and Vested Property Act. Provides that the Chief Medical Examiner is no longer a member of the Fatality Review Board under the Fatality Inquiries Act. Amends the School Act to allow a trustee to participate in board meetings by electronic means or other communication facilities. In Force: November 26, 2009 Professional Corporations Statutes Amendment Act, 2009 Bill 53 Amends: Health Professions Act, RSA 2000 cH-7 Legal Profession Act, RSA 2000 cL-8 Medical Profession Act, RSA 2000 cM-11 Regulated Accounting Profession Act, RSA 2000 cR-12

In Force: On Proclamation Municipal Government Amendment Act, 2009 [No. 2] Bill 49

Summary: Allows for the issuing of non-voting shares in a professional corporation to a spouse, common-law partner, or child of a regulated member who is also a voting shareholder, as well as to a trust in which all of the beneficiaries are minor children of the regulated member. Restricts the liability of non-voting shareholders of a professional corporation.

Amends: Municipal Government Act, RSA 2000 cM-26 Summary: Provides that fire services organizations, members of a regional services commission that provides fire services and firefighters themselves are not liable for loss or damage caused for actions done in good faith in the performance of their fire services duties.

In Force: On Proclamation

In Force: November 26, 2009 4

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Personal Information Protection Amendment Act, 2009 Bill 54

Corrections Amendment Act, 2009 Bill 58

Amends: Personal Information Protection Act, SA 2003 cP-6.5

Amends: Corrections Act, RSA 2000 cC-29

Summary: Requires an organization that uses a service provider outside Canada to collect, use, disclose or store personal information to include in its policies and practices a list of countries in which that will take place and the purposes for which the service provider has been authorized to use the information. Also requires the organization to provide an individual with information about the foreign service provider before or at the time of collecting any personal information about the individual. Provides that an individual who consents to the disclosure of information from one organization to another is deemed to consent to the collection, use or disclosure of information by the other organization. Allows for the collection and use of information without consent if authorized under a local government bylaw, or under a bylaw, resolution or rule of a professional regulatory organization, or if it is required to comply with a collective agreement or an audit. Requires an organization to provide notice to the Commissioner of any incident involving the loss of, or unauthorized access to, or disclosure of, personal information where a real risk of significant harm to an individual is seen to exist. Allows the Commissioner to require the organization to notify individuals of such a loss or unauthorized access, and to provide the Commissioner with any additional information required to do so. Allows the Commissioner to refuse to conduct, or to discontinue, an investigation in appropriate circumstances.

Summary: Allows the director of a correctional institution to restrict, monitor or record communications made by oral, written or electronic means between an inmate and any other person in certain situations. Provides that an inmate serving a sentence for an offence under a provincial enactment or municipal bylaw may be credited with earned remission based on principles set out in the regulations. Expands the regulation-making power of the Lieutenant Governor in Council. In Force: On Proclamation Mental Health Amendment Act, 2009 Bill 59 Amends: Mental Health Act, RSA 2000 cM-13 Mental Health Amendment Act, SA 2007 c35 Summary: Amends the Mental Health Amendment Act to reflect the ability for a designated physician or health professional to issue an apprehension order. Amends the Mental Health Act to clarify that the requirement imposed on boards to make information available for the purpose of an investigation by the Patient Advocate prevails despite the Health Information Act.

In Force: On Proclamation

In Force: January 1, 2010

Senatorial Selection Amendment Act, 2009 Bill 55

Health Professions Amendment Act, 2009 Bill 60

Amends: Senatorial Selection Act, RSA 2000 cS-5

Amends: Health Professions Act, RSA 2000 cH-7

Summary: Extends the expiry date of the Act to December 31, 2016.

Summary: Expands the definition of services offered by certain professions by including the teaching, managing and conducting of research in the science, techniques and practice of the profession. Expands the list of titles, abbreviations and initials that may be used by regulated members of the Alberta College of Paramedics, the College and Association of Registered Nurses of Alberta, and the Alberta College of Pharmacists.

In Force: November 26, 2009 Alberta Investment Management Corporation Amendment Act, 2009 Bill 56 Amends: Alberta Investment Management Corporation Act, SA 2007 cA-26.5

In Force: November 26, 2009

Summary: Provides that the Deputy Minister is no longer designated as a member of the board of directors of the Alberta Investment Management Corporation.

Provincial Offences Procedure Amendment Act, 2009 Bill 61 Amends: Provincial Offences Procedure Act, RSA 2000 cP-34

In Force: November 26, 2009

Summary: Makes it an offence to fail to attend Court in accordance with a recognizance given to any peace officer. Increases the amount a justice may require a defendant to pay to an aggrieved person for compensation for loss or damage to property resulting from the commission of the offence, from $2,000 to $25,000. Allows a defendant to apply in writing to be committed to prison rather than paying a fine imposed, without having to appear before a justice. Allows a defendant to enter a plea of not guilty by signing the not guilty plea on the summons and delivering it by registered mail to the Court office. Allows a peace officer to compel a defendant to appear before a justice for proceedings under Part 3 of the Act by issuing a summons under Part 2 if it is in the public interest to do so without the alternative of making a voluntary payment.

Court of Queen’s Bench Amendment Act, 2009 Bill 57 Amends: Court of Queen’s Bench Act, RSA 2000 cC-31 Summary: Provides that every judge is a justice of the peace for the purposes of an application under section 492.1 or 492.2 of the Criminal Code (related to the use of tracking devices or number recorders) when the application is made in conjunction with a Part VI application under the Criminal Code. In Force: November 26, 2009

In Force: On Proclamation 5

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Emergency Health Services Amendment Act, 2009 Bill 62 Amends: Emergency Health Services Act, SA 2008 cE-6.6 Summary: Allows an ambulance attendant to disclose certain information observed or collected when attending the scene of an incident to a peace officer for the purposes of an investigation, without the consent of the patient or other individual. In Force: November 26, 2009

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E. Mirth, Q.C. – Chairman C. R. Head – Secretary Bill Ranson, Q.C. – Calgary Chairman E. Mirth, Q.C. – Legislative Officer

In Force: On Proclamation

The Legislative Review Committee is a joint committee of The Law Society of Alberta and the Canadian Bar Association Alberta and, in addition receives funding from the Alberta Law Foundation. 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.

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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 Grant Dunlop Art Wilson, Q.C.

Bill Ranson, Q.C.

Amends: Election Finances and Contributions Disclosure Act, RSA 2000 cE-2 Summary: Requires a third party to apply for registration if it plans to incur expenses of at least $1,000 for third party advertising, and sets out the requirements for the registration process. Provides that numbered corporations, registered charities, candidates, registered political parties and others cannot register as a third party, and also outlines persons and corporations prevented from contributing to third parties. Prevents a third party from having a name or abbreviation sufficiently similar to a candidate, political party or political organization active in Canada so as to cause confusion. Requires a registered third party to open a third party advertising account for receipt of all contributions and payment of all advertising expenses. Imposes limits on third party election advertising of $30,000 in an election year and $15,000 in other years. Requires the third party to identify itself and authorize all of its advertisements. Creates requirements for the process of contributing money to third parties, and requires the filing of third party election advertising reports in the prescribed form within 6 months of polling day.

E. (Sonny) Mirth, Q.C.

Election Finances and Contributions Disclosure (Third Party Advertising) Amendment Act, 2009 Bill 205

Calgary Committee Bill Ranson, Q.C. - Chair Marty 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. Colin Feasby Robert Harvie

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Legislative Summary | Fall 2009