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27th Legislature Third Session Spring 2010

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LEGISLATIVE REVIEW SUMMARY Spring 2010 - 27th Legislature - 3nd Session HIGHLIGHTS The 2010 Spring Session of the Legislature resulted in the passing of only 17 bills, which were of limited interest for legal practitioners. Notable among bills not getting second reading was the Traffic Safety (Distracted Driving) Amendment Act, 2010, Bill 16. Summary:

Amended Legislation

Requires the governing bodies of various professions to consult with the Minister prior to establishing or amending academic qualifications and training requirements for applicants for registration to the professions.

Agrology Profession Act, S.A. 2005, c. A-13.5 Alberta Corporate Tax Act, R.S.A. 2000, c. A-15 Architects Act, R.S.A. 2000, c. A-44 Dangerous Goods Transportation and Handling Act, R.S.A. 2000, c. D-4 Election Act, R.S.A. 2000, c. E-1 Election Finances and Contributions Disclosure Act, R.S.A. 2000, c. E-2 Emergency Management Act, R.S.A. 2000, c. E-6.8 Engineering, Geological and Geophysical Professions Act, R.S.A. 2000, c. E-11 Fatal Accidents Act, R.S.A. 2000, c. F-8 Land Surveyors Act, R.S.A. 2000, c. L-3 Legislative Assembly Act, R.S.A. 2000, c. L-9 Local Authorities Election Act, R.S.A. 2000, c. L-21 Local Authorities Election (Finance and Contribution Disclosure) Amendment Act, 2009, S.A. 2009, c. 10 Municipal Government Act, R.S.A. 2000, c. M-26 Professional and Occupational Associations Registration Act, R.S.A. 2000, c. P-26 Regulated Accounting Profession Act, R.S.A. 2000, c. R-12 Regulated Forestry Profession Act, R.S.A. 2000, c. R-13 Rules of Court Statutes Amendment Act, 2009, S.A. 2009, c. 53 Securities Act, R.S.A. 2000, c. S-4 Securities Amendment Act, 2006, S.A. 2006, c. 30 Senatorial Selection Act, R.S.A. 2000, c. S-5 Traffic Safety Act, R.S.A. 2000, c. T-6 Veterinary Profession Act, R.S.A. 2000, c.V-2 Victims Restitution and Compensation Payment Act, S.A. 2001, c. V-3.5 Workers’ Compensation Act, R.S.A. 2000, c. W-15

In Force: March 25, 2010 Fatal Accidents Amendment Act, 2010 Bill 3 Amends: Fatal Accidents Act, R.S.A. 2000, c. F-8 Summary: Removes references to “illegitimate” children. Provides that payments owed under the Act to parents of a deceased person are to be made whether or not the deceased was a minor or was unmarried, and that payments are to be made to children of a deceased person whether or not the children are minors or are unmarried. In Force: March 25, 2010 Dangerous Goods Transportation and Handling Amendment Act, 2010 Bill 4 Amends: Dangerous Goods Transportation and Handling Act, R.S.A. 2000, c. D-4 Summary: Prevents a person from designing, manufacturing, modifying, repairing or testing a means of containment intended to be used in transporting or handling dangerous goods unless the person complies with all applicable safety requirements. Also restricts a person from affixing or displaying a symbol, device or other label indicating or suggesting compliance with a safety standard that has not been complied with. Prevents the sale, delivery or distribution of any means of containment that does not display all such applicable safety marks in accordance with the regulations. Requires prescribed persons handling or transporting dangerous goods to undergo security training and prepare a security plan setting out measures to prevent the dangerous goods from being stolen or unlawfully interfered with. Allows the Director to impose administrative penalties of up to $10,000, and allows for appeals from such administrative penalties to the Alberta Transportation Safety Board.

Repealed Legislation Election Finances and Contributions Disclosure (Third Party Advertising) Amendment Act, 2009, S.A. 2009, c. 43

Detailed Listing of Bills Alberta Competitiveness Act Bill 1 Amends: None Summary:

In Force: March 25, 2010

Allows the Lieutenant Governor in Council to establish by regulation a board, committee, council or other body for the purpose of increasing Alberta’s competitiveness, to develop strategies and initiatives, to assess how changing circumstances affect Alberta’s competitiveness, and to identify actions to address emerging risks or opportunities. Requires that body once established provide a report to the Premier setting out the state of Alberta’s competitiveness and recommending further actions.

Appropriation (Supplementary Supply) Act, 2010 Bill 5 Amends: None Summary:

In Force: On Proclamation

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, 2010. Requires that all money expended under the Act be accounted for.

Professional Statutes Amendment Act, 2010 Bill 2

In Force: March 1, 2010

Amends: Agrology Profession Act, S.A. 2005, c. A-13.5 Architects Act, R.S.A. 2000, c. A-44 Engineering, Geological and Geophysical Professions Act, R.S.A. 2000, c. E-11 Land Surveyors Act, R.S.A. 2000, c. L-3 Professional and Occupational Associations Registration Act, R.S.A. 2000, c. P-26 Regulated Accounting Profession Act, R.S.A. 2000, c. R-12 Regulated Forestry Profession Act, R.S.A. 2000, c. R-13 Veterinary Profession Act, R.S.A. 2000, c.V-2

Emergency Management Amendment Act, 2010 Bill 6 Amends: Emergency Management Act, R.S.A. 2000, c. E-6.8 Summary: Allows a local authority to delegate its powers or duties under the Act to a regional services commission representing 2 or more local authorities,

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to a joint committee representing 2 or more local authorities that is composed of one or more members appointed by each local authority, or in the case of a summer village to another local authority. Requires a local authority to pay compensation if it acquires real or personal property or damages that property while preventing, combating or alleviating the effects of an emergency or disaster, but otherwise provides liability protection for actions undertaken by a local authority, the Minister or a search and rescue organization for actions done in good faith.

Local Authorities Election Statutes Amendment Act, 2010 Bill 9

In Force: March 25, 2010

Summary:

Amends: Local Authorities Election Act, R.S.A. 2000, c. L-21 Local Authorities Election (Finance and Contribution Disclosure) Amendment Act, 2009, S.A. 2009, c. 10 Municipal Government Act, R.S.A. 2000, c. M-26 Allows a person with more than one residence in Alberta to designate the person’s place of residence for the purpose of voting, based on criteria set out in the Act. Exempts volunteer services provided to a candidate from being considered campaign contributions. Allows a candidate to contribute up to $10,000 of his or her own funds without being considered a campaign contribution, and exempts a candidate whose entire election campaign is funded from his or her own funds from certain reporting requirements under the Act. Provides that a councillor is disqualified from council if he or she fails to file a disclosure statement required under the Act before the end of the filing period.

Election Statutes Amendment Act, 2010 Bill 7 Amends: Election Act, R.S.A. 2000, c. E-1 Election Finances and Contributions Disclosure Act, R.S.A. 2000, c. E-2 Legislative Assembly Act, R.S.A. 2000, c. L-9 Rules of Court Statutes Amendment Act, 2009, S.A. 2009, c. 53 Senatorial Selection Act, R.S.A. 2000, c. S-5

In Force: April 22, 2010 Repeals: Election Finances and Contributions Disclosure (Third Party Advertising) Amendment Act, 2009, S.A. 2009, c. 43 Victims Restitution and Compensation Payment Amendment Act, 2010 Bill 10

Summary: Amends the basis for determining the ordinary residence of an inmate for the purpose of voting. Allows the Chief Electoral Officer to test the use of new election procedures and equipment during a by-election, subject to approval by the Standing Committee. Provides the Chief Electoral Officer with further powers to carry out an inquiry or investigation under the Act, and provides the Officer and persons acting under his or her direction with immunity for any actions done in the good faith performance of duties or powers under the Act. Requires the Officer to enter into an agreement with the Chief Electoral Officer of Canada to receive or provide information for the purpose of compiling or revising the lists of electors. Restricts access to the list of electors, providing that individuals can only do so for the purpose of determining whether their own name is on the list with correct information. Allows the Lieutenant Governor in Council to make regulations authorizing an earlier opening of polling places at 7 a.m. for an authorized by-election. Amends the swearing-in procedure for an eligible voter that does not appear on the list of electors. Requires persons transmitting the results of an election survey to simultaneously provide certain information about the survey and its methodology, and upon request to provide a written report including such information. Restricts a landlord or condominium corporation’s right to prohibit a tenant or condominium owner from displaying election posters on their premises. Amends the required postpolling-day procedures. Requires third parties intending to incur or accept election advertising expenses of at least $1000 to register under the Election Finances and Contributions Disclosure Act. Requires registered parties, constituency associations, candidates and third parties to retain all records for a period of 3 years from the time financial statements must be filed under that Act. Prevents a registered party, candidate or constituency association from using or expending any anonymous contribution in excess of $50, and requires them to either return the contribution or pay it to the Chief Electoral Officer. Outlines procedures and requirements to address campaign deficits. Imposes restrictions on third party political advertising and related spending during an election period.

Amends: Victims Restitution and Compensation Payment Act, S.A. 2001, c. V-3.5 Summary: Allows an application to be brought in relation to property acquired by illegal means not only to obtain restitution or compensation for victims, but to remove financial incentives for illegal acts, to disgorge financial gains from those acts, and to prevent such property from being used to carry out future illegal acts. Extends the maximum duration of a peace officer’s direction in relation to property believed to have been acquired by illegal means to 10 days without requiring an order from the Court. Allows the Minister to apply for an order to destroy property and modify property before its return on the basis that it presents a danger to the public or is illegal. Allows costs to be awarded to a person against the Crown if a restraint order was made against that person and an order is made returning the property to that person. In Force: April 22, 2010 Witness Security Act Bill 11 Amends: None Summary:

Amends: Alberta Corporate Tax Act, R.S.A. 2000, c. A-15

Creates a Witness Security Coordinator to administer the Act for the purpose of providing protective services to witnesses and persons associated with them who may be at risk because of their involvement in the prosecution of criminal offences. Allows the Coordinator to make any inquiry or investigation necessary to assess the risks to safety or security of a witness or association persons, their eligibility for protective services, the types of protective services and length of protection required, and whether to terminate such protection. Requires law enforcement agencies to make applications for the provision of protective services to the Coordinator, and sets the guidelines for reviewing and assessing such applications. Also creates a Witness Security Panel to make decisions regarding applications for protective services. Prevents any judicial review or other review by the Courts of a decision of the Coordinator or the Panel. Provides for confidentiality of information related to persons provided protection, and creates an exemption from the Freedom of Information and Protection of Privacy Act.

Summary:

In Force: On Proclamation

In Force: Various Dates Alberta Corporate Tax Amendment Act, 2010 Bill 8

Amends the functional currency reporting and election required of corporations, applying to taxation years beginning after December 13, 2007. Requires certain prescribed corporations to file their return electronically, and removes references to certified mail. Allows the Minister to waive or cancel any portion of a penalty or interest paid under the Act in response to an application by a taxpayer; or in any case before the later of 10 calendar years after the year in which the interest or penalty relates, or 12 months from the date the interest or penalty is assessed.

Body Armour Control Act Bill 12 Amends: None Summary: Prevents any person from possessing body armour without a valid permit under the Act. Creates exemptions for law enforcement and certain other public officials. Establishes the procedure for permit applications, re-

In Force: March 25, 2010, with exceptions

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In Force: On Proclamation Securities Amendment Act, 2010 Bill 13 Amends: Securities Act, R.S.A. 2000, c. S-4 Securities Amendment Act, 2006, S.A. 2006, c. 30

for offences for which tickets are issued by peace officers employed by a municipality belong to that municipality. In Force: April 22, 2010 Appropriation Act, 2010 Bill 15 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, 2011.

L

e g i s L a t i v e

R C

e v i e w

o m m i t t e e

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

In Force: March 25, 2010

E. (Sonny) Mirth, Q.C.

quiring payment of a prescribed fee, a criminal record check and other information from the applicant. Allows the registrar to refuse to issue a permit if the applicant contravenes the Act or the regulations, has a criminal record, fails to identify a valid reason to posses body armour, or if granting the application is otherwise not in the public interest. Requires a permit holder to provide ongoing information to the registrar, and allows the registrar to suspend, cancel or vary the permit. Allows individuals to make complaints about a permit holder that can be investigated by the registrar. Allows a peace officer with reasonable grounds to suspect an individual possesses body armour in a public place to search the individual without a warrant and seize any body armour if the person does not produce a valid permit.

Workers’ Compensation (Firefighters) Amendment Act, 2010 Bill 201

Summary: Allows the Executive Director to examine the records and documents of a credit rating organization, or to order such an organization to provide information. Prevents a credit rating organization from representing that the Securities Commission has in any way passed judgment on the merits of the organization. Allows the Commission upon application or of its own motion to designate a credit rating organization as a designated rating organization, but prevents the Commission from regulating the contents of a credit rating or the methodology used by a credit rating organization. Allows the Executive Director to hold certain information obtained under the Act in confidence, if it would not be prejudicial to the public interest.

Amends: Workers’ Compensation Act, R.S.A. 2000, c. W-15

In Force: On Proclamation with exceptions

Amends: None

Summary: Provides that additional types of cancer, if suffered by a firefighter, will be presumed to have been an occupational disease. In Force: On Proclamation Mandatory Reporting of Child Pornography Act Bill 202

Edmonton CommittEE Christopher R. Head W. Benjamin Russell Richard T. Reeson, Q.C. Rob M. Curtis, Q.C. Debbie A. Yungwirth Paul Moreau Grant Dunlop Anne Kaplan

Summary:

Amends: Traffic Safety Act, R.S.A. 2000, c. T-6 Summary: Provides that fines and penalties imposed under the Act for offences occurring in a municipality where policing services are required under the Police Act belong to that municipality. Also provides that fines and penalties imposed

Imposes a duty on any person aware of child pornography to report the matter to an organization designated by regulation, without imposing any duty to seek out child pornography. Prevents any action against a person reporting such information unless it was done falsely and maliciously, and prevents any person from disclosing the identify of an informant or from harassing or disciplining such person. Creates offences and penalties for breaches of the Act. In Force: On Proclamation

Bill Ranson, Q.C.

Traffic Safety Amendment Act, 2010 Bill 14

Legislative Review Committee - New Chair Announcement The Canadian Bar Association Alberta Branch and the Law Society of Alberta are pleased to announce that Kevin Feehan, QC, of Fraser Milner Casgrain LLP has agreed to take on the role of Chair and Legislative Officer of the joint Legislative Review Committee effective September 1, 2010. 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.

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 Toby Eines

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Legislative Summary | Spring 2010  

A publication of the CBA - Alberta Branch and the Law Society of Alberta. 27th Legislature, Third Session.

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