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27th Legislature Second Session Spring 2009

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LEGISLATIVE REVIEW SUMMARY Spring 2009 - 27th Legislature - 2nd Session HIGHLIGHTS The 2009 Spring Session of the Legislature resulted in the passing of a number of important bills. Forty-seven bills were passed. Worthy of particular note are the Municipal Government Amendment Act, Bill 23; Traffic Safety Amendment Act, Bill 30; the Alberta Land Stewardship Act, Bill 36; and, the controversial Human Rights, Citizenship and Multiculturalism Amendment Act, Bill 44. Notable among bills not getting third readings was The Rules of Court Statutes Amendment Act, 2009, Bill 31, which was designed to facilitate adoption of new Rules of Court.

Amended Legislation

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 Electoral Boundaries Commission Act, R.S.A. 2000, c. E-3 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 Emergency Management Act, R.S.A. 2000, c. E-6.8 Employment Pension Plans Act, R.S.A. 2000, c. E-8 Employment Standards Code, R.S.A. 2000, c. E-9 Energy Resources Conservation Act, R.S.A. 2000, c. E-10 Engineering, Geological and Geophysical Professions Act, R.S.A. 2000, c. E-11 Engineering, Geological and 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 Family Law Act, S.A. 2000, c. 15 Family Support for children with Disabilities Act, S.A. 2003, c. F-5.3 Farm Implement Act, R.S.A. 2000, c. F-7 Fatality Inquiries Act, S.A. 2000, c. F-9 Financial Administration Act, R.S.A. 2000, c. F-12 Fisheries (Alberta) Act, R.S.A. 2000, c. F-16 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 Gas Utilities Act, R.S.A. 2000, c. G-5 Government Accountability Act, R.S.A. 2000, c. G-7 Government Organization Act, R.S.A. 2000, c. G-10 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, R.S.A. 2000, c. H-11.3 Historical Resources Act, R.S.A. 2000, c. H-9 Horse Racing Alberta Act, R.S.A. 2000, c. H-11.3 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 Interpretation Act, R.S.A. 2000, c. I-8 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 Justice of the Peace Act, R.S.A. 2000, c. J-4 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

Administration of Estates Act, R.S.A. 2000, c. A-2 Administration Penalties and Related Matters Statutes Amendment Act, S.A. 2003, c. 11 Adult Adoption Act, R.S.A. 2000, c. A-4 Agriculture Financial Services Act, R.S.A. 2000, c. A-12 Agricultural Operation Practices Act, R.S.A. 2000, c. A-7 Agricultural Pests Act, R.S.A. 2000, c. A-7 Agricultural Pests Act, R.S.A. 2000, c. A-8 Agricultural Service Board Act, R.S.A. 2000, c. A-10 Agrology Profession Act, S.A. 2005, c. A-13.5 Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 Alberta Evidence Act, R.S.A. 2000, c. A-18 Alberta Foundation for the Arts Act, R.S.A. 2000, c. A-19 Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20 Alberta Investment Management Corporation Act, S.A. 2007, c. A-26.5 Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 Alberta Treasury Branches Act, R.S.A. 2000, c. A-37 Alberta Utilities Commission Act, S.A. 2007, c. A-37.2 Ambulance Services Act, R.S.A. 2000, c. A-39 Animal Health Act, S.A. 2007, c. A-40.2 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 Auditor General Act, R.S.A. 2000, c. A-46 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 and Family Services Authorities Act, R.S.A. 2000, c. C-11 Child and Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 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 Conflicts of Interests Act, R.S.A. 2000, c. C-23 Condominium Property Act, R.S.A. 2000, c. C-22 Cooperatives Act, S.A. 2001, c. C-28 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 Dangerous Goods Transportation and Handling Act, R.S.A. 2000, c. D-4 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 2

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Amended Legislation Cont’d

Public Sector Pension Plans Act, R.S.A. 2000, c. P-41 Public Service Act, R.S.A. 2000, c. P-42 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 Seniors Advisory Act, R.S.A. 2000, c. S-6 Social Care Facilities Licensing Act, R.S.A. 2000, c. S-10 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 Reduction Act, S.A. 2005, c. T-3.8 Tobacco Tax Act, R.S.A. 2000, c. T-4 Tourism Levy Act, R.S.A. 2000, c. T-5.5 Traffic Safety Act, S.A. 2007, c. 45 Traffic Safety Act, R.S.A. 2000, c. T-6 Travel Alberta Act, S.A. 2008, c. T-6.5 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 of Crime Act, R.S.A. 2000, c. V-3 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 Water, Gas and Electric Companies Act, R.S.A. 2000, c. W-4 Weed Control, R.S.A. 2000, c. W-5 Wheat Board Money Trust Act, R.S.A. 2000, c. W-6 Wild Rose Foundation Act, R.S.A. 2000, c. W-8 Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act, R.S.A. 2000, c. W-9 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

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 Lobbyists Act, S.A. 2007, c. L-20.5 Loan and Trust Corporations Act, R.S.A. 2000, c. L-20 Local Authorities Election Act, R.S.A. 2000, c. L-21 P-20.5 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 Natural Resources Conservation Board Act, R.S.A. 2000, c. N-3 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 Oil Sands Conservation Act, R.S.A. 2000, c. O-7 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 Persons with Developmental Disabilities Community Governance Act, R.S.A. 2000, c. P-8 Personal Directives Act, R.S.A. 2000, c. P-6 Personal Property Security Act, R.S.A. 2000, c. P-7 Petroleum Marketing Act, R.S.A. 2000, c. P-10 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 Premier’s Council of the Status of Persons with Disabilities Act, R.S.A. 2000, c. P-21 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 of Children Abusing Drugs Act, S.A. 2005, c. P-27.5 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

Repealed Legislation Alberta Heritage Foundation for Medical Research Act, R.S.A. 2000, c. A-22 Alberta Heritage Foundation for Science and Engineering Research Act, R.S.A. 2000, c. A-22 Alberta Science and Research Authority Act, R.S.A. 2000, c. A-33 Feeder Associations Guarantee Act, R.S.A. 2000, c. F-11 Fiscal Responsibility Act, R.S.A. 2000, c. F-15 Natural Gas Price Administration Act, R.S.A. 1980, c. N-3 Natural Gas Pricing Agreement Act, R.S.A. 1980, c. N-4 Protection for Persons in Care Act, R.S.A. 2000, c. P-29 Public Health Amendment Act, R.S.A. 2000, c. 27 (Supp.) 3

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Detailed Listing of Bills

In Force: April 1, 2009

Employment Standards (Reservist Leave) Amendment Act, 2009 Bill 1

Post-Secondary Learning Amendment Act, 2009 Bill 4

Amends: Employment Standards Code, R.S.A. 2000, c. E-9

Amends: Post-Secondary Learning Act, S.A. 2003 c. P-19.5

Summary: Provides that a member of the reserve force of the Canadian Forces who has completed at least 26 consecutive weeks of employment with an employer is entitled to reservist leave without pay for deployment, training, or other activities set out in the regulations. An employee who intends to take this reservist leave must provide the employer with at least 4 weeks’ written notice, or if this is not possible because of deployment in urgent circumstances, provide notice as soon as reasonable. The employee is entitled to be on reservist leave for a time specified in the regulations, and the notice to the employer must also provide the actual or estimated date the employee will return to work. Prevents any employer from terminating or laying off an employee who has started reservist leave, unless the employer suspends or discontinues the business or activity in which the employee is employed. Requires an employee on reservist leave for more than 4 weeks to provide at least 4 weeks’ written notice of the day on which the employee intends to return to work, failing which the employer may postpone the return to work for a period of up to 4 weeks after the day on which the employee notifies the employer of his or her intention to resume work. Requires the employer to reinstate the employee in the position occupied with the reservist leave started or alternative work of a comparable nature, with earnings and other benefits that are not less than those that had accrued to the employee before the leave.

Summary: Permits a general faculties council and a faculty council to delegate any of their powers, duties and functions under the Act as they see fit, and to prescribe any conditions governing the exercise or performance of any such delegated power or function. Allows a public postsecondary institution that is assigned to the Baccalaureate and Applied Studies Institutions sector to apply to the Minister to request that the name of the institution be chanced to include the word “university” or any derivation or abbreviation of that term. In Force: May 26, 2009 Marketing of Agricultural Products Amendment Act, 2009 Bill 5 Amends: Marketing of Agricultural Products Act, R.S.A. 2000, c. M-4 Summary: Amends the requirements for a proposed plan that can be submitted by a group of producers to the Alberta Agricultural Products Marketing Council to establish a plan to control or regulate the marketing or production of an agricultural product, or to initiate and carry out projects to stimulate or improve the production or marketing. Provides that the Council may appoint interim members to a board or commission if there has yet to be an election for a newly established body, or if a member is unable or unwilling to act and the regulations to not provide an effective method to fill the vacancy. Allows the Council, with the approval of the Minister, to authorize a board to make regulations regulating or restricting agreements between producers of a regulated product and persons engaged in marketing or processing the regulated product. Also allows the Council to make additional regulations in respect of a plan administered by a board. Amends the process for an appeal of a decision of a board, commission or the Council, and provides that an application for an appeal must be made in accordance with the regulations that can be made by the Minister. Allows service of documents under the Act to be made by electronic means.

In Force: On Proclamation Lobbyists Amendment Act, 2009 Bill 2 Amends: Lobbyists Act, S.A. 2007, c. L-20.5 Summary: Expands the restriction on a person lobbying and holding a contract for providing paid advice on the same subject matter to anyone associated with such a person. Provides that this restriction on lobbying and providing paid advice on the same subject matter applies regardless of how many hours are spent lobbying by that person or other persons in the organization. Allows the Registrar and his or her subordinates to disclose information that comes to them in the performance of their duties if the disclosure is necessary for the purpose of enforcing administrative penalties. Provides that after the Registrar conducts an investigation in relation to compliance with the Act, the Registrar shall prepare a report with findings and conclusions, and the Ethics Commissioner shall submit that report to the Speaker of the Legislative Assembly. Allows the Lieutenant Governor in Council to make regulations prescribing individuals or categories of individuals that are not considered to be consultant lobbyists or organizational lobbyists, and to prescribe categories of individuals to whom the Act does not apply when they are acting in their official capacity.

In Force: On Proclamation Protection of Children Abusing Drugs Amendment Act, 2009 Bill 6 Amends: Protection of Children Abusing Drugs Act, S.A. 2005, c. P-27.5 Summary: Allows the Minister to appoint a Co-ordinator for the purposes of the Act, who may in writing delegate any power, duty or function on any person. Allows a guardian of a child to apply to court for an order to protect a child who is abusing drugs. Requires a guardian making such an application to attend an information session regarding services available in Alberta for assessment and treatment of children who abuse drugs. Requires the application to be in a prescribed form, with notice to the Co-ordinator, to other guardians of the child, and any other person prescribed by regulation or as the Court directs. Allows the Court to grant a protection order if satisfied that the child is abusing drugs, based on evidence related to the types of drugs being used, the length of time they have been used, the impact of the drug use on the child’s life, the intensity, pattern and previous history of drug use, and other factors. A protection order may authorize a guardian to have a child confined to a protective safe house, and to allow a director of a safe house to confine the child in accordance with the order for up to 10 days. The order may also authorize the Co-ordinator

In Force: On Proclamation Credit Union Amendment Act, 2009 Bill 3 Amends: Credit Union Act, R.S.A. 2000, c. C-32 Summary: Allows the bylaws to provide for a method of electing directors before the holding of an annual general meeting. Validates any bylaws previously enacted to this effect as well as elections pursuant to such bylaws, notwithstanding any lack of authorization to make those bylaws and hold those elections at that time. 4

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to assess, treat and provide other services to stabilize the child for the period of confinement. The order may authorize a police officer to apprehend the child or assist in conveying the child to a safe house, and to enter premises to search for an apprehend the child. Allows the Co-ordinator to direct the director of a safe house to discharge a child into the custody before the end of a period of confinement if after an assessment of the child it is determined in consultation with the child, the applicant and the director that it is in the best interests of the child that he or she be discharged. Requires a guardian granted a protection order to attend, or make arrangements for an appropriate person to attend, the safe house to pick up the child at the end of the period of confinement. Provides that a failure by the guardian to make such arrangements will require the director to make a report of the matter under section 4 of the Child, Youth and Family Enhancement Act. Requires the child confined to a safe house to be provided with a request for review form, and information related to a Court review of the protection order. Establishes the process for an application to review the order by the child, a guardian of the child, the Co-ordinator, or other person with leave of the Court. Amends and expands the regulationmaking power of the Minister.

In Force: On Proclamation Government Organization Amendment Act, 2009 Bill 9 Amends: Government Organization Act, R.S.A. 2000, c. G-10 Summary: Amends the requirements for agreements entered into by the Minister to authorize a person to carry out registry services for the public. Provides the Minister with additional regulation-making power in relation to registry agents and the operation of Government registries. Creates an offence for contravening these provisions or the regulations, punishable by a fine of up to $10,000, imprisonment for up to one year, or both. Provides a right of entry, audit and inspection to the Minister or designate with respect to the business premises of a registry agent, for the purpose of administering and monitoring these provisions. Provides that each registry and its records and information are the property of the Government, and allows the Minister to require production of, and remove, any records, documents, equipment, inventory and supplies that are the property of the Government after the termination or expiry of a registry services agreement.

In Force: On Proclamation Public Health Amendment Act, 2009 Bill 7

In Force: May 26, 2009

Amends: Public Health Act, R.S.A. 2000, c. P-37

Supportive Living Accommodation Licensing Act, 2009 Bill 10

Repeals: Public Health Amendment Act, R.S.A. 2000, c. 27 (Supp.) Amends: Dependent Adult Act, R.S.A. 2000, c. D-11 Public Health Act, R.S.A. 2000, c. P-37 Residential Tenancies Act, S.A. 2004, c. R-17.1 Social Care Facilities Licensing Act, R.S.A. 2000, c. S-10 Surface Rights Act, R.S.A. 2000, c. S-24 Tobacco Reduction Act, S.A. 2005, c. T-3.8 Tourism Levy Act, R.S.A. 2000, c. T-5.5

Summary: Allows a medical officer of health to require a school board or operator of a private school or early childhood services program to provide information regarding a student for the purpose of contacting that student’s guardian regarding voluntary health programs, and for the purpose of communicable diseases control. Allows the Chief Medical Officer to disclose information to the federal and other provincial or territorial governments, or to foreign countries or agencies of those governments to address public health matters or general public interest.

Summary: Imposes a licensing requirement for operating a supportive living accommodation, which is a building or units intended for permanent residential living where the operator also provides or arranges for services in order to assist residents to live as independently as possible. Provides that a license is required for an operator providing supporting living accommodation to 4 or more adults unrelated to the operator, providing for safety and security, and providing at least one meal per day or housekeeping services for those adults. Establishes a process for applications and renewals of such licenses. Allows the Minister to appoint inspectors to ensure compliance with the Act, the regulations or an order issued under the Act. Allows the director under the Act to issue an order following an inspection requiring the operator to take certain corrective measures or cease any activity or operation, or an order cancelling the license issued to that operator. Allows the Minister to appoint complaints officers to review any complaint received regarding an operator, and to determine whether any investigation is necessary arising from that complaint. Allows an inspector or investigator to collect and use personal information, and disclose that information under certain circumstances. Requires the director to notify the police of any complaint that could constitute an offence under the Criminal Code, and notify the Minister of Justice and Attorney General of any potential offence under a statute or regulation of Alberta, including the Protection for Persons in Care Act. Allows the Director to apply to the Court of Queen’s Bench for an order directing the operator to comply with a stop order issued by the director, and allowing a peace officer to assist the director and other persons in performing their duties. Provides an operator with a right to appeal a stop order to the Court of Queen’s Bench, and establishes the process for such an appeal. Creates an offence for any person contravening the Act, the regulations or an order issued under the Act, punishable by a fine of up to $100,000, or $1,000 per day or part of a day in the case of a continuing offence.

In Force: On Proclamation Feeder Associations Guarantee Act, 2009 Bill 8 Repeals: Feeder Associations Guarantee Act, R.S.A. 2000, c. F-11 Summary: Defines a feeder association as one that enters into agreements with its members for the members to grow, finish or otherwise deal with livestock or livestock products owned by the feeder association. Allows the Lieutenant Governor in Council to authorize guarantees on behalf of the Government with respect to loans made to feeder associations. Provides that a guaranteed loan may only be made to a feeder association that is incorporated under an Act of the Legislature, and that the guaranteed loan may only be used by the association for a purpose provided for in the regulations. Allows the Minister to prohibit further advances under a guaranteed loan if the association is not complying with the Act or the regulations, or is being operated in an unsound manner. Provides that if the Minister of Finance makes a payment to a lender in respect of a default by a feeder association, the Minister is subrogated for that amount to all rights of the lender under any security provided by the feeder association, to any action the lender has against the association, to all rights of the association under any security given by any of its members, and to any action the association has against any of its members. Provides the Minister with the power to enter a place where the livestock or products in respect of a guaranteed loan are being kept or dealt with, to enter a place where records of a lender or association are kept, to review operations of an association, to inspect livestock and livestock products, to inspect or remove records of the lender or association, and to require a person to provide information.

In Force: On Proclamation 5

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Fisheries (Alberta) Amendment Act, 2009 Bill 11

In Force: June 4, 2009

Amends: Fisheries (Alberta) Act, R.S.A. 2000, c. F-16

Carbon Capture and Storage Funding Act, 2009 Bill 14

Summary: Provides that where fish are seized in contravention of the Act or the Fisheries Act (Canada), the fish or any proceeds realized from their disposition are considered to be forfeited to the Crown pending any subsequent order. Requires a fishery officer or fishery guardian issuing a violation ticket to give the defendant written notice that if they wish to exercise the voluntary payment option, the fish or proceeds realized from its disposition will be forfeited to the Crown upon payment of the specified penalty. Allows the Court, in circumstances where a person convicted of an offence under the act that results in financial benefits accruing to that person, to order additional fines in an amount not exceeding the value of those benefits. Also allows the Court to make other types of orders as part of a penalty following a conviction, including ordering a person to publish facts relating to the offence, to perform community service, to pay money as compensation for any remedial or preventative action taken by the Minister, to post a bond or pay money to ensure compliance with any direction, or ordering that the person is ineligible to hold a type of license for a certain period of time. Allows the Court to vary any such order by changing a direction, by partially or absolutely relieving the person from compliance with any directions, or by extending or decreasing the period of time during which the order is in effect. Provides that failing to comply with such an order is an offence punishable by the maximum penalty to which that person was liable for the original offence that led to the order.

Amends: None Summary: Requires the Minister of Energy to prepare and provide the Minister of Finance with an annual plan and budget designed to encourage and expedite the design, construction and operation of carbon capture and storage products in Alberta. Provides that the Minister of Energy, having regard to that plan and budget, make payments pursuant to a grant agreement entered into by the Minister. Also allows the Minister to make payments pursuant to a contract for service in relation to evaluating and selecting carbon capture and storage projects, or in relation to administering, monitoring or enforcing a grant agreement. Requires the Minister of Energy to report annually on the progress of carbon capture and storage projects funded under the Act. Allows the Lieutenant Governor in Council to make regulations regarding the requirements and conditions for making payments, entering into grant agreements or contracts for service, or other matters necessary to carry out the purpose of the Act. In Force: June 4, 2009 Dunvegan Hydro Development Act, 2009 Bill 15 Amends: None

In Force: June 4, 2009

Summary: Authorizes the Alberta Utilities Commission to make an order for the construction and operation of a hydro development described in the “Report of the Joint Review Panel, Glacier Power Ltd., Dunvegan Hydroelectric Project, Fairview, Alberta” dated December 19, 2008.

Surface Rights Amendment Act, 2009 Bill 12 Amends: Surface Rights Act, R.S.A. 2000, c. S-24

In Force: April 20, 2009

Summary: Amends the process for the Lieutenant Governor in Council to designate the Chair or Vice Chair of the Surface Rights Board. Allows the Board to make rules with respect to its procedure and practice, the selection of members, the service of applications and other documents, alternative dispute resolution processes, and any other matter the Board considers advisable. Also allows the Board to make decisions on the basis of written submissions, or to adopt as its decision in proceedings a settlement reached by the parties through an alternative dispute resolution process. Removes the power of the Board to amend an order of the Board in certain circumstances without a hearing.

Peace Officer Amendment Act, 2009 Bill 16 Amends: Peace Officer Act, S.A. 2006, c. P-3.5 Summary: Creates an exception to the prohibition on displaying the term “constable” or “special constable” on a uniform, insignia or vehicle, where a person has obtained the prior approval of the Minister.

In Force: On Proclamation In Force: May 1, 2009 Justice of the Peace Amendment Act, 2009 Bill 13

Securities Amendment Act, 2009 Bill 17

Amends: Justice of the Peace Act, R.S.A. 2000, c. J-4 Amends: Securities Act, R.S.A. 2000, c. S-4 Summary: Allows the Chief Judge of the Provincial Court to recommend to the Lieutenant Governor in Council that a justice of the peace who is approaching the age of 70, but with a term of appointment that has not expired, be reappointed for a term of one year. Provides that the Chief Judge may request such a reappointment if it will enhance the efficient and effective administration of the Court and the request is made in accordance with the criteria established by the Chief Judge and approved by the Judicial Council. Requires the Lieutenant Governor in Council to reappoint the justice of the peace following such a recommendation, so long as the justice consents to the reappointment, and the justice has not yet attained the age of 75. Allows a justice of the peace to be further reappointed for terms of one year until 10 years has passed from the time of the person’s appointment as a justice of the peace.

Summary: Allows a purchaser of a security of a mutual fund purchased for under $50,000 to rescind the purchase by sending a written notice to the registered dealer within 48 hours of receiving confirmation for a lump sum purchase, or within 60 days of receiving confirmation of the initial payment under a contractual plan. Provides that the amount a purchaser is entitled to recover by rescinding the contract shall not exceed the net asset value of the securities at the time the right to rescind is exercised. Allows the Executive Director, in cases where it would not be prejudicial to the public interest, to make an order revoking or varying any decisions made by the Executive Director under the Act or regulations. In Force: May 26, 2009 6

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filed with the Court of Queen’s Bench, and provides that the order then becomes enforceable as if it were a judgment of the Court. Allows the Minister, in the event that a person fails to comply with an enforcement order, to take any actions necessary to carry out the terms of the order, and the costs of those actions shall be paid by that person. Also creates an offence for contravening an enforcement order, with a maximum punishment of $100,000 and 2 years imprisonment for an individual, or a maximum fine of $1,000,000 for a corporation. Provides that an enforcement order issued to more than one person creates joint and several responsibility for complying with the order, and joint and several liability for the costs of failing to comply with the order. Provides a process for appeals of an enforcement order. Provides that nothing done or omitted to be done in accordance with the Act or the regulations constitutes an expropriation under the Expropriation Act or otherwise.

Trade, Investment and Labour Mobility Agreement Implementation Statutes Amendment Act, 2009 Bill 18 Amends: Agriculture Financial Services Act, R.S.A. 2000, c. A-12 Business Corporations Act, R.S.A. 2000, c. B-9 Charitable Fund-raising Act, R.S.A. 2000, c. C-9 Cooperatives Act, S.A. 2001, c. C-28.1 Government Organization Act, R.S.A. 2000, c. G-10 Insurance Act, R.S.A. 2000, c. I-3 Legal Profession Act, R.S.A. 2000, c. L-8 Marriage Act, R.S.A. 2000, c. M-5 Mobile Home Sites Tenancies Act, R.S.A. 2000, c. M-20 Partnership Act, R.S.A. 2000, c. P-3 Residential Tenancies Act, S.A. 2004, c. R-17.1

In Force: On Proclamation

Summary: Allows a notice of landlord under the Residential Tenancies Act or the Mobile Home Sites Tenancies Act to contain a postal address and physical location for the landlord that is anywhere in Canada, rather than only Alberta. Amends the Marriage Act to allow the appointment of residents outside of Alberta (but within Canada) as marriage commissioners for Alberta. Amends the Insurance Act to make a fraternal society incorporated under the laws of a province other than Alberta to be eligible for a license under the Act, even if they have not been continuously licensed in Alberta from December 31, 1995. Amends the Government Organization Act to allow the Lieutenant Governor in Council to make regulations related to the implementation of the Trade, Investment, and Labour Mobility Agreement between the Alberta and B.C. governments on April 28, 2006. Makes consequential amendments to other Acts related to the implementation of that Agreement. This is one of a series of bills designed to harmonize trade, investment and labour laws between Alberta and B.C.

Civil Enforcement Amendment Act, 2009 Bill 20 Amends: Civil Enforcement Act, R.S.A 2000, c. C-15 Summary: Allows the Lieutenant Governor in Council to make regulations regarding the garnishing of an enforcement debtor’s RRSP, RRIF or deferred profit sharing plan, including regulations regarding any applicable exemptions. Provides that property in such registered plans is exempt from any enforcement process, but that a payment out of the registered plan to a plan holder is not exempt. Allows transfers of property held in one registered plan to be transferred to another registered plan without constituting a payment out of registered plan, and provides that such transfers are not considered fraudulent or preferential transfers. Provides that property in a registered disability savings plan and any payments out of such a plan are exempt from any enforcement process.

In Force: April 20, 2009

In Force: On Proclamation

Land Assembly Project Area Act, 2009 Bill 19

Appropriation (Supplementary Supply) Act, 2009 Bill 21

Amends: None

Amends: None

Summary: Allows the Lieutenant Governor in Council, on the recommendation of the Minister, to designate an area of land required for a public project and intended to be acquired by the Crown over a period of time as a Land Assembly Project Area. Requires the Minister, prior to designating land as a Project Area, to prepare a plan of the proposed public project, make the plan available to the public, provide registered owners of land within the proposed project area with notice of the proposed project and consult with the registered owners. Requires the Minister to send a notice of the Project Area order and its associated regulation to the chief administrative officer of each municipality that is part of the Project Area, and to each person shown on the certificate of title as having a subsisting interest in the land in the Project Area. Allows land within a Project Area to be acquired by the Crown by purchase or expropriation. Provides that a person who holds or acquires an estate or interest in a Project Area holds or acquires that interest subject to this Act and the regulations. Provides that once land is designated as a Project Area, the Lieutenant Governor in Council may make regulations respecting the control, restriction, prohibition or approval of any kind of use, development or occupation of the land. Also allows regulations regarding the removal of building, improvements, materials or animals from the area and compensation for any loss resulting from such removal; and regulations relating to other matters necessary or incidental to the use and development of the land. Allows a Minister to serve an enforcement order on a person that has contravened any of those regulations. Provides that an enforcement order can direct a person to stop doing something, to change the way a person does something, or to take any action or measure necessary including the removal of a structure or the restoration of land to its condition prior to a contravention. Allows an enforcement order to be

Summary: Provides for the appropriation of funds from the General Revenue Fund for expenses and equipment/inventory purchases of the Legislative Assembly and the Public Service for the fiscal year ending March 31, 2009. Requires that all money expended under the Act be accounted for. In Force: March 23, 2009 Appropriation (Interim Supply) Act, 2009 Bill 22 Amends: None Summary: Provides for the appropriation of funds from the General Revenue Fund for expenses, equipment/inventory purchases, capital investment and non-budgetary disbursements for the fiscal year ending March 31, 2010. Requires that all money expended under the Act be accounted for. In Force: March 23, 2009 Municipal Government Amendment Act, 2009 Bill 23 Amends: Municipal Government Act, R.S.A. 2000, c. M-26 Summary: Allows a council by bylaw to establish an assessment review 7

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board, which considers complaints on residential property and farmland, or a composite assessment review board, which considers multifamily residential, non-residential and machinery and equipment complaints. The Municipal Government Board (“MGB”) continues to consider linear property and equalized assessment complaints. Allows a municipality to create composite assessment review boards to share resources and improve efficiency. Provides for the appointment process and requisite qualifications of members. Amends the appellate process by adding a right of appeal from an assessment on questions of jurisdiction or law to the Court of Queen’s Bench, instead of requiring all assessment appeals to be heard by the MGB. Removes a privative clause restricting appeal proceedings from the MGB and allows appeals to the Court of Queen’s Bench on issues of law and jurisdiction. Extends timelines for disclosure, while shortening timelines for the resolution of complaints by requiring decisions to be issued within the taxation year. Amends the form of complaint for matters heard before the Board.

In Force: June 4, 2009

In Force: January 1, 2010

Summary: Establishes the Alberta Research and Innovation Authority to provide strategic advice and recommendations to the Minister relating to the research and innovation priorities of the government, including fostering the development and growth of new and existing industries. Allows the Minister to establish up to four research and innovation corporations in the areas of agriculture, forestry, energy, environment and health. Continues endowment funds to be used for the purposes of the Act, and regulates the use of those funds. Makes consequential amendments and transitional provisions, including preventing employees of dissolved entities from receiving severance or termination pay absent a substantial change in the employee’s position after the restructuring.

Alberta Research and Innovation Act Bill 27 Amends: Financial Administration Act, R.S.A. 2000, c. F-12 Fuel Tax Act, S.A. 2006, c. F-28.1 Health Professions Act, R.S.A. 2000, c. H-7 Public Service Act, R.S.A. 2000, c. P-42 Repeals: Alberta Heritage Foundation for Medical Research Act, R.S.A. 2000, c. A-21 Alberta Heritage Foundation for Science and Engineering Research Act, R.S.A. 2000, c. A-22 Alberta Science and Research Authority Act, R.S.A. 2000, c. A-33

Animal Health Amendment Act, 2009 Bill 24 Amends: Animal Health Act, S.A. 2007, c. A-40.2 Summary: Expands the definition of animal covered by the Act to mean any animal other than a human being. Allows the chief provincial veterinarian to order an owner to dispose of or destroy an animal that is suspected of having consumed the carcass or other parts of a dead animal contrary to a provincial or federal enactment. Allows the Minister to seize, destroy or dispose of the animal at the owner’s expense if the owner fails to comply with an order to do so. Requires an owner or person transporting animals or animal by-products to allow an inspector to use any computer equipment on the premises, or in the vehicle, railway car or other method of transport, to obtain information about the animals or animal by-products. Amends the requirements and procedures for obtaining licensing related to operating a livestock market, selling medicine, or other activities set out in the regulations. Expands the regulationmaking powers of the Lieutenant Governor in Council and the Minister, including regulations related to self-governing delegated authorities.

In Force: On Proclamation Energy Statutes Amendment Act Bill 28 Amends: Alberta Utilities Commission Act, S.A. 2007, c. A-37.2 Coal Conservation Act, R.S.A. 2000, c. C-17 Energy Resources Conservation Act, R.S.A. 2000, c. E-10 Gas Resources Preservation Act, R.S.A. 2000, c. G-4 Mines and Minerals Act, R.S.A. 2000, c. M-17 Oil and Gas Conservation Act, R.S.A. 2000, c. O-6 Oil Sands Conservation Act, R.S.A. 2000, c. O-7 Petroleum Marketing Act, R.S.A. 2000, c. P-10 Pipeline Act, R.S.A. 2000, c. P-15 Water, Gas and Electric Companies Act, R.S.A. 2000, c. W-4

In Force: On Proclamation Teachers’ Pension Plans Amendment Act, 2009 Bill 25 Amends: Teachers’ Pension Plans Amendment Act, R.S.A. 2000, c. T-1

Repeals: Natural Gas Price Administration Act, R.S.A. 1980, c. N-3 Natural Gas Pricing Agreement Act, R.S.A. 1980, c. N-4

Summary: Transfers the whole liability for pre-1992 unfunded liability payments on the Teacher’s Pension Plan Fund to the Crown, effective September 1, 2009, and provides that the Crown guarantees the payment of the pre-1992 benefits.

Summary: Allows the Energy Resources Conservation Board to shut in a facility, oil sands project, coal project or well of an operator who fails to pay an administration fee by the prescribed date. Adds requirements under the Oil and Gas Conservation Act in relation to large facilities, including central processing facilities, oil sands upgraders, and gas processing plants of a certain size. Expands the regulation-making powers under various Acts.

In Force: June 4, 2009, with exceptions Wildlife Amendment Act, 2009 Bill 26

In Force: June 4, 2009, with exceptions

Amends: Wildlife Act, R.S.A. 2000, c. W-10 Summary: Allows the Minister to assess owners of wildlife or controlled animals with the costs of recapturing, transporting or destroying animals that escape or are unlawfully released. Allows the admission into evidence of a certificate signed by a designated person as proof that the flesh of an animal was not fit for human consumption. Allows the court to order a person convicted of an offence under the Act to pay compensation to a victim for loss of, or damage to, property.

Family Law Amendment Act, 2009 Bill 29 Amends: Family Law Act, S.A. 2000, c. 15 Summary: Further amends the Act in relation to the recently-established program for recalculating child support orders. Imputes a graduated scale 8

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Natural Resources Conservation Board Act, R.S.A. 2000, c. N-3 Occupations Health and Safety Act, R.S.A. 2000, c. O-2 Persons with Developmental Disabilities Community Governance Act, R.S.A. 2000, c. P-8 Podiatry Act, R.S.A. 2000, c. P-16 Police Act, R.S.A. 2000, c. P-17 Post-Secondary Learning Act, S.A. 2003, c. P-19.5 Premier’s Council of the Status of Persons with Disabilities Act, R.S.A. 2000, c. P-21 Public Health Act, R.S.A. 2000, c. P-37 Public Sector Pension Plans Act, R.S.A. 2000, c. P-41 Securities Act, R.S.A. 2000, c. S-4 Seniors Advisory Act, R.S.A. 2000, c. S-6 Social Care Facilities Licensing Act, R.S.A. 2000, c. S-10 Surface Rights Act, R.S.A. 2000, c. S-24 Teachers’ Pension Plans Act, R.S.A. 2000, c. T-1 Traffic Safety Act, R.S.A. 2000, c. T-6 Travel Alberta Act, S.A. 2008, c. T-6.5 Victims of Crime Act, R.S.A. 2000, c. V-3 Wheat Board Money Trust Act, R.S.A. 2000, c. W-6 Wild Rose Foundation Act, R.S.A. 2000, c. W-8 Workers’ Compensation Act, R.S.A. 2000, c. W-15

of income to payors and payees of child support if they neglect or refuse to disclose relevant financial information in a timely and accurate manner. Provides that the deemed increases rise with the amount of time that has passed since the individual’s income was last determined. In Force: June 4, 2009 Traffic Safety Amendment Act, 2009 Bill 30 Amends: Traffic Safety Act, R.S.A. 2000, c. T-6 Maintenance Enforcement Act, R.S.A. 2000, c. M-1 Traffic Safety Act, S.A. 2007, c. 45 Summary: Changes the “cancellation” of a driver’s license for debtors under the Maintenance Enforcement Program to a “suspension” of the licenses for administrative purposes. Creates a new class of investigator for the carrier and vehicle safety programs, and for driver training programs. Expands the definition of peace officer able to enforce the Act to include police officers, peace officers and a new class of investigators designated by the Minister. Amends the definition of “intersection safety device” to provide that the devices are capable of gathering evidence for both traffic signal (red-light) infractions, and for speeding infractions. Limits the vicarious liability of vehicle rental companies by adding “renter” to the definition of persons whose liability is capped at $1,000,000.

Summary: Requires every public agency within 3 months of its establishment or continuation to have a Mandate and Roles Document jointly developed by the agency and its responsible Minister, setting out the agency’s mandates, the roles and responsibilities of the agency, its members and its subsidiaries, accountability relationships of the agency, its committee structure, its financial, staffing and administrative arrangements, and other matters. Requires that the Document be made public, and be reviewed within 3 years. Sets out the obligations of a Minister in advising and monitoring the public agency, and in consulting with or seeking the advice of the agency. Requires a public agency to provide any necessary information to the Minister. Requires every public agency to implement a code of conduct. Establishes requirements for the recruitment, terms of office and reappointment of members of public agencies. Prevents the same person from serving as both chair and chief executive officer of a public agency unless authorized by the agency’s establishing enactment or by regulation. Requires a review of each public agency’s mandate and operations by the responsible Minister every seven years.

In Force: June 4, 2009; Sections 2(b) and (c), 3, 5, 8, 9 and 10 come into force on Proclamation Alberta Public Agencies Governance Act, 2009 Bill 32 Amends: Alberta Foundation for the Arts Act, R.S.A. 2000, c. A-19 Alberta Investment Management Corporation Act, S.A. 2007, c. A-26.5 Alberta Treasury Branches Act, R.S.A. 2000, c. A-37 Alberta Utilities Commission Act, S.A. 2007, c. A-37.2 Apprenticeship and Industry Training Act, R.S.A. 2000, c. A-42 Cemeteries Act, R.S.A. 2000, c. C-3 Child Care Licensing Act, S.A. 2007, c. C-10.5 Child and Family Services Authorities Act, R.S.A. 2000, c. C-11 Child and Youth and Family Enhancement Act, R.S.A. 2000, c. C-12 Drainage Districts Act, R.S.A. 2000, c. D-16 Electric Utilities Act, S.A. 2003, c. E-5.1 Energy Resources Conservation Act, R.S.A. 2000, c. E-10 Environment Protection and Enhancement Act, R.S.A. 2000, c. E-12 Expropriation Act, R.S.A. 2000, c. E-13 Fair Trading Act, R.S.A. 2000, c. F-2 Family Support for Children with Disabilities Act, S.A. 2003, c. F-5.3 Fatality Inquiries Act, S.A. 2000, c. F-9 Funeral Services Act, R.S.A. 2000, c. F-29 Gaming and Liquor Act, R.S.A. 2000, c. G-1 Government Accountability Act, R.S.A. 2000, c. G-7 Government Organization Act, R.S.A. 2000, c. G-10 Health Disciplines Act, R.S.A. 2000, c. H-2 Health Facilities Review Committee Act, R.S.A. 2000, c. H-3 Health Professions Act, R.S.A. 2000, c. H-7 Historical Resources Act, R.S.A. 2000, c. H-9 Horse Racing Alberta Act, R.S.A. 2000, c. H-11.3 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 Labour Relations Code, R.S.A. 2000, c. L-1 Land Agents Licensing Act, R.S.A. 2000, c. L-2 Marketing of Agricultural Products Act, R.S.A. 2000, c. M-4 Mental Health Act, R.S.A. 2000, c. M-13 Metis Settlements Act, R.S.A. 2000, c. M-14 Municipal Government Act, R.S.A. 2000, c. M-26

In Force: On Proclamation Fiscal Responsibility Act, 2009 Bill 33 Amends: Auditor General Act, R.S.A. 2000, c. A-46 Financial Administration Act, R.S.A. 2000, c. F-12 Repeals: Fiscal Responsibility Act, R.S.A. 2000, c. F-15 Summary: Prevents the Government from running a deficit. Increases the Alberta Sustainability Fund to allow transfers from the fund in years when a deficit accumulates, which can be offset by replenishing the fund in years of surplus. Prevents any increase in operating expenses not set out in the consolidated fiscal plan exceeding 1% of the total ministry operating expenses. Restricts the areas in which the Government may become indebted by allowing borrowing only in the areas of capital investment, support for capital projects owned by school boards, postsecondary institutions, health authorities and for the purpose of fulfilling the commitment to repay the pre-1992 unfunded liability on the Teachers’ Pension Plan Fund. Allows the chair of the Audit Committee under the Auditor General Act to inquire into any matter relating to the financial affairs of the Crown if so requested by the President of the Treasury Board. Allows the Lieutenant Governor in Council under the Financial Administration Act to order special warrants for expenditure when the Legislative Assembly is out of session, or in the case of a public emergency or disaster. In Force: April 1, 2009 9

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Drug Program Act, 2009 Bill 34

pointment of regional advisory councils to provide advice in developing the plans. Establishes the Land Use Secretariat, headed by the stewardship commissioner, to support regional planning. Creates review requirements with respect to the regional plans. Makes regional plans binding on provincial departments, regulatory agencies, municipalities and other local government authorities; requiring them to align their bylaws, planning and decision-making with the regional plans. This is comprehensive new planning and environmental legislation that cannot be usefully summarized here. Readers are referred to the bill for a full review.

Amends: None Summary: Establishes a drug program under the administration of the Minister for the purpose of providing, or providing funding for, drugs and services. Allows the Minister to make regulations on the requirements for eligibility and enrolment into the program, on premiums and deductibles paid by members, on the designation of approved drugs for which benefits may be paid, and other issues related to benefits and claims under the program. Also generally allows the Minister to provide funding or arrange for the provision of drugs or services to any person or class of person. Allows the Minister to appoint inspectors and issue enforcement orders to ensure accountability for public funds. Creates offences for failing to comply with an enforcement order or other contraventions of the Act and regulations, and makes any officer, director or agent of a corporation who directed, authorized, assented to, acquiesced or participated in the commission of the offence also guilty and liable to the same punishment, whether or not the corporation was prosecuted.

In Force: On Proclamation Alberta Corporate Tax Amendment Act, 2009 Bill 37 Amends: Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 Summary: Amends the formula for determining the eligible expenditures of a qualified corporation. Provides that federal investment tax credits received by a corporation that could have been included in the corporation’s Alberta SR&ED tax credit may be recaptured by the Crown. Creates an offence for failing to produce information or a document as and when required by the Act.

In Force: On Proclamation, except sections 31 and 34 Gas Utilities Amendment Act, 2009 Bill 35

In Force: June 4, 2009

Amends: Gas Utilities Act, R.S.A. 2000, c. G-5 Summary: Repeals part of the Act dealing with Nova Gas Transmission Ltd.

Tourism Levy Amendment Act, 2009 Bill 38 Amends: Tourism Levy Act, R.S.A. 2000, c. T-5.5

In Force: On Proclamation Summary: Imposes a tourism levy on forfeited deposits paid to reserve accommodations and on reward or loyalty points used as partial or full consideration to purchase accommodations. Increases the penalty for improperly withholding amounts owed to the Crown. Allows the Minister to collect, use and publish information necessary to formulate or analyse tax, fiscal or enforcement policy.

Alberta Land Stewardship Act, 2009 Bill 36 Amends: Administration Penalties and Related Matters Statutes Amendment Act, S.A. 2003, c. 11 Agricultural Operation Practices Act, R.S.A. 2000, c. A-7 Agricultural Pests Act, R.S.A. 2000, c. A-8 Alberta Utilities Commission Act, S.A. 2007, c. A-37.2 Coal Conservation Act, R.S.A. 2000, c. C-17 Electric Utilities Act, S.A. 2003, c E-5.1 Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 Forests Act, R.S.A. 2000, c. F-22 Highways Development and Protection Act, S.A. 2004, C. H-8.5 Historical Resources Act, R.S.A. 2000, c. H-9 Interpretation Act, R.S.A. 2000, c. I-8 Irrigation Districts Act, R.S.A. 200, 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 Resources Conservation Board Act, R.S.A. 2000, c. N-3 Oil and Gas Conservation Act, R.S.A. 2000, c. O-6 Oil Sands Conservation Act, R.S.A. 2000, c. O-7 Pipeline Act, R.S.A. 2000, c. P-15 Post-Ssecondary Learning Act, S.A. 2003, c. P-19.5 Provincial Parks Act, R.S.A. 2000, c. P-35 Public Highways Development Act, R.S.A. 2000, c. P-38 Public Lands Act, R.S.A. 2000, c. P-40 Water Act, R.S.A. 2000, c. W-3 Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act, R.S.A. 2000, c. W-9 Wildlife Act, R.S.A. 2000, c. W-10

In Force: June 4, 2009 Tobacco Tax Amendment Act, 2009 Bill 39 Amends: Tobacco Tax Act, R.S.A. 2000, c. T-4 Summary: Changes the taxation rates and method for calculating tax on various tobacco products. Creates a penalty for late filing of taxes owed under the Act, and allows the Minister to set-off payments owed to a person for a debt due to the Crown. Amends the search and seizure provisions for suspected contraventions of the Act. Increases the penalties for offences under the Act. In Force: June 4, 2009 Alberta Personal Income Tax Amendment Act, 2009 Bill 40 Amends: Alberta Personal Income Tax Act, R.S.A. 2000, c. A-30 Summary: Provides that certain sections of the Income Tax Act (Canada) apply to the Act, with some adjustment to the formulas used in the federal Act.

Summary: Allows the Lieutenant Governor in Council to direct the development of regional plans for the seven regions of the Province, and outlines what must be included in the regional plans. Allows the ap-

In Force: June 4, 2009 10

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Summary: Changes the name of the Act to the Alberta Human Rights Act. Adds sexual orientation to the list of enumerated grounds for which persons cannot be discriminated against. Requires a school board to provide notice to a parent or guardian of a student before dealing with courses of study, educational programs or instructional materials with subject matter that deals primarily and explicitly with religion, sexuality or sexual orientation. Allows a parent or guardian receiving such a notice to request that their child leave the classroom while the subject matter is being taught, or to stay in the classroom without taking part in the instruction or using the instructional materials, without any academic penalty.

Protection for Persons in Care Act, 2009 Bill 41 Repeals: Protection for Persons in Care Act, R.S.A. 2000, c. P-29 Summary: Promotes the prevention of abuse involving adults receiving care or support services from service providers, including facilities under the Hospitals Act, the Mental Health Act, the Nursing Homes Act and the Social Care Facilities Review Committee Act. Requires a person with reasonable grounds to believe such a person has been abused to report the abuse to a complaints officer, police service or committee or person authorized to investigate the abuse. Imposes duties on service providers to maintain safety and protect clients from abuse. Sets out the powers and duties of complaints officers and investigators under the Act. Allows for the collection, use and disclosure of personal information to administer the Act and review reports of abuse. Creates offences, including offences for making false reports of abuse.

In Force: On Proclamation Electoral Boundaries Commission Amendment Act, 2009 Bill 45 Amends: Electoral Boundaries Commission Act, R.S.A. 2000, c. E-3

In Force: On Proclamation

Summary: Allows the Electoral Boundaries Commission to consider more recent information in addition to the latest census to determine the population. Requires the Commission to divide the Province into 87, rather than 83, proposed electoral divisions. Allows the Commission to propose an electoral district with a population that is as much as 50% below the average population of all the divisions, if there is no town in the proposed division with a population exceeding 8000 people.

Gaming and Liquor Amendment Act, 2009 Bill 42 Amends: Gaming and Liquor Act, R.S.A. 2000, c. G-1 Summary: Prevents a person from serving as a board member of the Gaming and Liquor Commission for more than 9 years. Amends the powers and appointment of the chief executive officer of the Commission. Allows a police officer to exclude or remove from licensed premises any person a police officer believes to be associated with a gang, and provides the basis upon which a police officer may reach that belief. Allows a licensee to collect a person’s name, age and photograph before allowing that person to enter the licensed premises. Also allows the licensee to disclose that information to other licensees if they believe in good faith that the person is associated with a gang or is involved in unlawful activity, and requires the licensee to provide the information to a police officer upon request.

In Force: June 4, 2009 Appropriation Act, 2009 Bill 47 Amends: None Summary: Provides for the appropriation of funds from the General Revenue Fund for expenses and equipment/inventory purchases, capital investments, non-budgetary disbursements and lottery fund payments of the Legislative Assembly and the Public Service of Alberta, for the fiscal year ending March 31, 2010.

In Force: On Proclamation Marketing of Agricultural Products Amendment Act, 2009 (No. 2) Bill 43

In Force: May 26, 2009

Amends: Marketing of Agricultural Products Act, R.S.A. 2000, c. M-4 Health Information Amendment Act, 2009 Bill 52

Summary: Allows the Lieutenant Governor in Council to make regulations amending a marketing plan to allow service charges to be refunded to a producer, and provides that provisions making service charges non-refundable no longer apply after start of the 2010-2011 fiscal year.

Amends: Health Information Act, RSA 2000, cH-5 Alberta Health Care Insurance Act, RSA 2000, cA-20 Summary: Allows the Minister to designate an agency, corporation or other entity as a health information repository to administer information under the Act and the regulations. Amends the circumstances in which a custodian may disclose individually identifying health services provider information without the consent of that individual. Requires a person intending to conduct research using health information under the control of the custodian or health information repository to submit a proposal to a research ethics board for review. Allows custodians to make prescribed health information accessible to authorized custodians via the Alberta Electronic Health Record, a secure integrated electronic health information system. Provides the Commissioner with the power to exchange information with an extra-provincial commissioner and to enter into information sharing and other agreements for the purpose of co-ordinating activities and handling complaints involving multiple jurisdictions.

In Force: June 4, 2009 Human Rights, Citizenship and Multiculturalism Amendment Act, 2009 Bill 44 Amends: Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14 Conflicts of Interests Act, R.S.A. 2000, c. C-23 Dangerous Goods Transportation and Handling Act, R.S.A. 200, c. D-4 Emergency Management Act, R.S.A. 2000, c. E-6.8 Financial Administration Act, R.S.A. 2000, c. F-12 Government Accountability Act, R.S.A. 2000, c. G-7 Court Statutes Amendment Act, S.A. 2008, c. 32

In Force: On Proclamation 11

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Summary: Provides that campaign contributions by any person, corporation, trade union or employee organization to a candidate shall not exceed $5,000 during any campaign period. Provides that payments by a candidate out of the candidate’s own funds are considered a campaign contribution for this purpose. Prohibits certain organizations from making any campaign contributions, including a municipality, a corporation controlled by a municipality, a Metis settlement, a school board, a public post-secondary institution or a corporation that does not carry on business in Alberta. Creates an offence for contravening these restrictions with a maximum fine of $5,000 for an individual or $10,000 for a corporation, trade union or employee organization. Requires a candidate to open a campaign account at a financial institution in the name of the candidate’s campaign and to ensure all contributions are deposited into that account and used only for the payment of campaign expenses. Also requires candidates to ensure that receipts are issued for every contribution and obtained for every expense, and that any contribution received in contravention of the Act be returned to its contributor as soon as possible after the candidate becomes aware of the contravention. Requires a candidate, on or before March 1 immediately following a general election, to file a disclosure statement with the municipality. Provides that the disclosure statement must set out a list of the campaign expenses, and the total amount of all contributions, including the names and addresses of contributors whose contributions exceeded a total of $100. Provides that if the total contributions or expenses exceed $10,000 for a campaign period, the disclosure statements must be audited. Requires a candidate to keep all records for a period of 2 years following the filing of disclosure statements. Requires a candidate whose disclosure statement shows a surplus exceeding $500 to pay the excess amount to the municipality by March 1 of the year following a general election. Provides that the municipality shall hold any such money received in trust for the candidate, and if that candidate files nomination papers to be a candidate in the next general election or a byelection before that time, the municipality shall pay the money and interest to the candidate for use in that election. Provides that if the person fails to file such nomination papers, the person shall direct the municipality to donate the money to a registered charitable organization; or if the candidate fails to do so the money becomes the property of the municipality. Provides that a person declared elected as a councillor who fails to file a disclosure statement and has not been relieved of that obligation by a court ceases to hold office as a councillor, and the seat is deemed to be vacant.

In Force: On Proclamation

The Legislative Review Committee is a joint committee of the Law Society of Alberta and the Canadian Bar Association Alberta. It has subcommittees in both Edmonton and Calgary and has filled a role in the legislative review process in Alberta for over 30 years. The Committee reviews all bills introduced in the Alberta Legislature and provides comments and assistance to both Government and the Bar on drafting and operative aspects of legislation and amending legislation. The Committee is often called upon confidentially to give legal practitioners’ input on draft legislation and regulations. It played significant roles in the shaping of the Personal Property Security Act, the Civil Enforcement Act, the Builders’ Lien Act and other Alberta statutes. Its chairperson sits as a member of various stakeholder committees consulted by Government, including the Registry Liaison Committee, which have helped shape statute law. The Committee draws upon practitioners with a wide range of practical experience, some of whom have served for many years. It also, through its Legislative Liaison Officer, facilitates input by CBA sections, the Law Society, and business and community groups on the policy of legislation. At the end of each legislative session the Committee publishes and circulates to Bench and Bar a short summary of all legislation passed during the session. E.M.

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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

E. (Sonny) Mirth, Q.C.

Amends: Local Authorities Election Act, R.S.A. 2000, c. L-21

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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.

Local Authorities Election (Finance and Contribution Disclosure) Amendment Act, 2009 Bill 203

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. Leila Gosselin Colin Feasby Jeffrey Bone Toby Eines Robert Maxwell

8/26/2009 2:12:49 PM


Legislative Summary | Spring 2009