Bill 24 — Third Session, 30Th Legislature, 71 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 24 Miscellaneous Statutes Amendment Act, 2022 (Legislature 30, Session 3)

L30 S3 11982

Alberta — Bills

2022 Bill 24 Third Session, 30th Legislature, 71 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 24 MISCELLANEOUS STATUTES AMENDMENT ACT, 2022 THE MINISTER OF ENVIRONMENT AND PARKS Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 24 BILL 24 2022 MISCELLANEOUS STATUTES AMENDMENT ACT, 2022 ( A s s e n t e d t o , 2 0 2 2 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Dairy Industry Act Amends RSA 2000 cD-2 1(1) The Dairy Industry Act is amended by this section.

(2) Section 1 is amended (

a) by repealing clause (

j) and substituting the following: (j) “director” means a person designated as a director under

section 2; (

b) in clauses (

m) and (

o) by striking out “the Director” and substituting “a director”.

(3) Section 2 is amended

1 Explanatory Notes Explanatory Notes Dairy Industry Act 1(1) Amends

chapter D-2 of the Revised Statutes of Alberta 2000.

(2) Section 1 presently reads in part: 1 In this Act, (j) “Director” means the pers on designated as Director under

section 2; (m) “inspector” means the Dire ctor and a person designated as an inspector under

section 3; (o) “milk component” means milk fat, protein and other solids or other components of milk designated by the Director;

(3) Section 2 presently reads: 2(1) The Minister may designate an employee of the Government of Alberta or of an agency of the Government of Alberta as Director.

(2) The Director is an inspector for the purposes of this Act.

2 (

a) by repealing subsection (1) and substituting the following: Directors 2(1) The Minister may designate one or more employees of the Government of Alberta or of an agency of the Government of Alberta as directors. (

b) in subsection (2) by striking out “The Director” and substituting “A director”; (

c) in subsection (3) (

i) by striking out “The Director” and substituting “A director”; (ii) by striking out “the Director” wherever it occurs and substituting “a director”; (

d) in subsection (4) by striking out “The Director” and substituting “A director”.

(4) Section 3(1) and (2) are amended by striking out “The Director” and substituting “A director”.

(5) Section 5 is amended (

a) in subsection (1) by striking out “The Director” and substituting “A director”; (

b) in subsection (2) by striking out “the Director” and substituting “a director”.

2 Explanatory Notes

(3) The Director may in writing delegate any power or duty conferred or imposed on the Director by this Act or the regulations to employees of the Government of Alberta, to inspectors or to Alberta Milk or any other person except the power to issue variances or carry out the powers and duties of the Director under

section 30.

(4) The Director may impose conditions on a delegation under subsection (3) and may set the term of a delegation made under subsection (3).

(4) Section 3 presently reads: 3(1) The Director may designate employees of the Government of Alberta or of an agency of the Government of Alberta, employees of the Government of Canada or of an agency of the Government of Canada or any other individuals as analysts or inspectors for the purposes of this Act.

(2) The Director may impose conditions on a designation under subsection (1) and may set the term of a designation made under subsection (1).

(5) Section 5 presently reads: 5(1) The Director may issue licences in accordance with the regulations and may impose conditions on the licences in addition to the conditions imposed by the regulations.

(2) A person whose application for a licence is refused or who objects to a condition imposed by the Director on the licence may request a review in accordance with

section 23.

3 (6)

Section 6(1) is amended (

a) by striking out “If, in the opinion of the Director” and substituting “If, in the opinion of a director”; (

b) by striking out “the Director may” and substituting “the director may”.

(7) Section 7(1) and (2) are amended (

a) by striking out “If the Director” and substituting “If a director”; (

b) by striking out “the Director may” and substituting “the director may”.

(8) Section 8 is amended (

a) in subsection (1) (

i) by striking out “the Director and an inspector” and substituting “a director and an inspector”; (ii) by striking out “that the Director or inspector” and substituting “that the director or inspector”; (

b) in subsection (1.1) by striking out “the Director and an inspector may, at any reasonable hour, enter and inspect any vehicle that the Director” and substituting “a director and an inspector may, at any reasonable hour, enter and inspect any vehicle that the director”; (

c) in subsection (2)

3 Explanatory Notes (6)

Section 6(1) presently reads: 6(1) If, in the opinion of the Director, the holder of a licence issued under this Act has failed to comply with this Act, the regulations or the conditions imposed on the licence, has provided false or misleading information on the application for a licence or owes fees under this Act, the Director may, by giving written notice to the licensee, suspend or cancel the licence.

(7) Section 7 presently reads: 7(1) If the Director, on reasonable and probable grounds, is satisfied that a dairy farm or dairy plant will be operated so that it meets the requirements of this Act and the regulations, the Director may recommend to Alberta Milk that it issue a licence or lift the suspension of a licence in accordance with the regulations under the Marketing of Agricultural Products Act.

(2) If the Director, on reasonable and probable grounds, is of the opinion that a dairy farm or dairy plant does not meet the requirements of this Act or the regulations, the Director may recommend to Alberta Milk that it suspend or cancel the licence in accordance with the regulations under the Marketing of Agricultural Products Act.

(8) Section 8 presently reads in part: 8(1) For the purpose of determining whether this Act and the regulations are being complied with, the Director and an inspector may at any reasonable hour enter and inspect any building, land, milk transport vehicle or milk transport vehicle depot, other than a private dwelling place that is used as a dwelling, that the Director or inspector believes on reasonable and probable grounds is, or is used in connection with, a dairy farm, dairy plant, milk transport vehicle, milk transport vehicle depot or laboratory where dairy products are tested for the purposes of this Act.

(1.1) For the purpose of determining whether this Act and the regulations are being complied with, the Director and an inspector may, at any reasonable hour, enter and inspect any vehicle that the Director or inspector believes on reasonable and probable grounds is used to transport dairy products for sale.

4 (

i) in the portion preceding clause (

a) by striking out “the Director or inspector” and substituting “a director or an inspector”; (ii) in clauses (a), (

b) and (

d) by striking out “the Director” and substituting “the director”.

(9) Section 9 is amended (

a) by striking out “The Director” and substituting “A director”; (

b) by striking out “Director’s” and substituting “director’s”.

(10) Section 10 is amended (

a) by striking out “to allow the Director” and substituting “to allow a director”;

4 Explanatory Notes

(2) In carrying out an inspection under this section, the Director or inspector may (

a) inspect, review, examine, eva luate and take samples from any package, dairy product, dairy animal, thing, process or activity to which this Act applies and photograph or otherwise record anything with respect to them that the Director or inspector considers would be of assistance, (

b) require any person in a buildi ng or on the land that is, or is used in connection with, a dairy farm, dairy plant, milk transport vehicle depot or laboratory where dairy products are tested for the purposes of this Act, or in a vehicle described in subsection (1.1) or milk transport vehicle, to provide assistance to the Director or inspector in carrying out an inspection and to be interviewed and to make full disclosure either orally or in writing about any matter concerning any dairy product, dairy animal, thing, process or activity to which this Act applies, (

d) review, perform or require to be performed any tests that the Director or inspector considers necessary on any package, dairy product, dairy animal, thing, process or activity in or on a dairy farm, dairy plant, vehicle described in subsection (1.1), milk transport vehicle or milk transport vehicle depot, and take samples and remove any thing, if necessary, for the purpose of having tests performed, and

(9) Section 9 presently reads: 9 The Director and an inspector, when acting under the authority of

section 8, must carry identification in the form provided for in the regulations, and on the request of an owner, operator or other person in charge of a building, land, milk transport vehicle or milk transport vehicle depot referred to in

section 8 must show the identification and explain the Director’s or inspector’s powers and duties under

section 8.

(10) Section 10 presently reads:

5 (

b) by striking out “the Director or inspector” wherever it occurs and substituting “the director or inspector”.

(11) Section 22(2) is amended by striking out “The Director” and substituting “A director”.

(12) Section 23 is amended (

a) in subsections (1)(

b) a nd (2)(

a) by striking out “the Director” and substituting “a director”; (

b) in subsection (4) (

i) by striking out “The Director” and substituting “A director”; (ii) by repealing clause (

a) and substituting the following: (

a) in the case of a director, issue a licence subject to any conditions imposed by the director, (iii) in clauses (b), (

g) and (

i) by striking out “the Director” wherever it occurs and substituting “the director”.

5 Explanatory Notes 10 If the owner, operator or other person in charge of a building, land, milk transport vehicle or milk transport vehicle depot refuses to allow the Director or an inspector to exercise the powers conferred under

section 8 or hinders or interferes with the exercise of those powers, the Director or inspector may apply to a judge of the Court of Queen’s Bench for an order (

a) directing the owner, operator or other person to do or refrain from doing anything the judge considers necessary in order to enable the Director or inspector to exercise the powers under

section 8, and (

b) for the purpose of providi ng protection, authorizing a peace officer to accompany the Director or inspector on an inspection under

section 8. (11)

Section 22(2) presently reads:

(2) The Director, an inspector and an analyst may, and a producer may with respect to milk that the producer has delivered to the dairy plant, examine the records referred to in subsection (1) at the dairy plant during regular business hours.

(12) Section 23 presently reads in part: 23(1) The following may apply to the Minister in writing, with reasons, for a review: (

b) a licensee under this Act wh o objects to a condition imposed on the licensee’s licence by the Director;

(2) On receiving a written request under subsection (1), the Minister may (

a) direct the Director to consider a matter described in subsection (1)(e), (

f) or (

g) or reconsider a matter referred to in subsection (1)(

a) to (d), or

(4) The Director, on reconsidering a matter referred to in subsection (1)(

a) to (

d) or on considering a matter described in subsection (1)(

e) or (f), and the person appointed under subsection (2)(

b) who holds a hearing under subsection (3) may

(13) Section 30 is amended (

a) in subsection (1) (

i) by striking out “The Director” and substituting “A director”; (ii) by striking out “the Director” and substituting “the director”; (

b) in subsection (2) by striking out “The Director” and substituting “The director”.

(14) Section 31.1 is amended (

a) in subsection (1) by striking out “the Director” and substituting “a director”; (

b) in subsection (2) (

i) by striking out “on the request of the Director” and substituting “on the request of a director”; (ii) by striking out “to the Director, and the Director” and substituting “to the director, and directors”; (

c) in subsection (3)

6 Explanatory Notes (

a) in the case of the Director, issue a licence subject to any conditions imposed by the Director, (

b) in the case of the pers on appointed under subsection (2)(b), direct that a licence be issued by the Director subject to any conditions included in the direction, (

g) reinstate the suspended or cancelled licence, subject to any conditions the Director or the person who holds a hearing considers appropriate, (

i) confirm, vary or cancel an order under

section 11(2.1) and, if the Director or person appointed under subsection (2)(

b) cancels the order, the Director or person may order that compensation be paid to the person whose dairy product was subject to the order under

section 11(2.1).

(13) Section 30 presently reads in part: 30(1) The Director may issue a written variance with respect to any dairy product, dairy animal, thing, process or activity to which the regulations apply if the Director is of the opinion that the variance provides approximately equivalent or greater food safety than that provided for by the regulations.

(2) The Director may impose conditions on the variance.

(14) Section 31.1 presently reads in part: 31.1(1) An inspector and the Director may disclose information, including personal information, respecting tests, test results, data to determine grades, inspections, licences and orders pursuant to this Act

(2) Alberta Milk must, on the request of the Director, disclose information, including personal information, respecting licences, grades, quota and transportation of milk pursuant to the Milk Plan to the Director, and the Director and inspectors may collect and use that information for the purposes of administering this Act.

7 (

i) by striking out “on the request of the Director” and substituting “on the request of a director”; (ii) by striking out “and the Director” and substituting “and directors”.

(15) The following provisions are amended by striking out “the Director” wherever it occurs and substituting “a director”:

section 11(3);

section 17(2);

section 21(a);

section 31;

section 35. Family and Community Support Services Act Amends RSA 2000 cF-3 2(1) The Family and Community Support Services Act is amended by this section.

(2) Section 1(b)(

i) is repealed and the following is substituted: (

i) a city, town, village, summer village, municipal district, specialized municipality or Metis settlement; Health Professions Act Amends RSA 2000 cH-7 3(1) The Health Professions Act is amended by this section.

(2) Section 132.1 is amended by striking out “Minister of Enterprise and Advanced Education” and substituting “Minister of Advanced Education”.

7 Explanatory Notes

(3) The owner of an approved laboratory must, on the request of the Director, disclose information, including personal information, respecting tests, test results and data to determine grades, and the Director and inspectors may collect and use that information for the purposes of administering this Act.

(15) Updates terminology. Family and Community Support Services Act 2(1) Amends

chapter F-3 of the Revised Statutes of Alberta 2000.

(2) Section 1(b)(

i) presently reads: 1 In this Act, (b) “municipality” means (

i) a city, town, village, m unicipal district or Metis settlement, Health Professions Act 3(1) Amends

chapter H-7 of the Revised Statutes of Alberta 2000.

(2) Section 132.1 presently reads:

8 International Trade and Investment Agreements Implementation Act Amends RSA 2000 cI-7 4(1) The International Trade and Investment Agreements Implementation Act is amended by this section.

(2) Part 3 is repealed.

8 Explanatory Notes 132.1 Before the council approves or removes the approval from a program of study or an educational course under

section 3, the council must consult with the Minister of Health and the Minister of Enterprise and Advanced Education and must consider the comments received from those Ministers. International Trade and Investment Agreements Implementation Act 4(1) Amends

chapter I-7 of the Revised Statutes of Alberta 2000.

(2) Part 3 presently reads:

Part 3 NAAEC and NAALC Panel Determinations 7 In this Part, (a) “appropriate Commission” means (

i) in respect of a panel dete rmination as defined in Annex 36A of the Environmental Cooperation Agreement, the Commission for Environmental Cooperation established under

Article 8 of that Agreement; (ii) in respect of a panel de termination as defined in Annex 41A of the Labor Cooperation Agreement, the Commission for Labor Cooperation established under

Article 8 of that Agreement; (b) “Environmental Cooperation Agreement” means the North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with

Article 48 of that Agreement;

9 Explanatory Notes (c) “Labor Cooperation Agreemen t” means the North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with

Article 52 of that Agreement; (d) “panel” means an arbitral panel convened under

Article 24 of the Environmental Cooperation Agreement or under

Article 29 of the Labor Cooperation Agreement; (e) “panel determination” me ans a panel determination as defined in Annex 36A of the Environmental Cooperation Agreement or Annex 41A of the Labor Cooperation Agreement; (f) “Canadian Intergovernmental Environmental Agreement” means the Canadian Intergovernmental Agreement Regarding the North American Agreement on Environmental Cooperation entered into by the Government of Canada and the Province of Alberta and signed by the Province of Alberta on August 15, 1995; (g) “Canadian Intergovernmental Labour Agreement” means the Canadian Intergovernmental Agreement Regarding the North American Agreement on Labor Cooperation entered into by the Government of Canada and the Province of Alberta and signed by the Province of Alberta on May 31, 1995. 8 An appropriate Commission may file a certified copy of a panel determination with the clerk of the Court of Queen’s Bench of Alberta and, on being filed, the determination is enforceable as an order of the Court of Queen’s Bench. 9(1) Notwithstanding sections 17 and 25 of the Proceedings Against the Crown Act and subject to subsections (2) to (5) of this section, a panel determination that is enforceable as an order of the Court of Queen’s Bench under

section 8 is enforceable against the Crown in the same manner as any other order of that Court could be enforced against a defendant who was not the Crown.

10 Explanatory Notes

(2) Proceedings for enforcement of a panel determination that is enforceable as an order of the Court of Queen’s Bench under

section 8 may be taken against Her Majesty in right of Alberta only in that Court and only by the appropriate Commission.

(3) In no case may the proceedings be taken or enforced against a Minister or an official in the Minister’s or the official’s personal capacity or official capacity.

(4) If any question of fact or

interpretation of a panel determination arises in any proceedings referred to in subsection (2), the Court of Queen’s Bench shall refer the question to the panel that made the determination, and the decision of the panel on the question is binding on that Court.

(5) No person or body may intervene in any proceedings referred to in subsection (2). 10(1) Panel determinations, including panel determinations that are enforceable as orders of the Court of Queen’s Bench under

section 8, and orders and decisions made by the Court of Queen’s Bench in any proceedings referred to in

section 9(2) are final and may not be appealed to the Court of Appeal.

(2) No panel determination, including a panel determination that is enforceable as an order of the Court of Queen’s Bench under

section 8, and no determination or proceedings of a panel made or carried on or purporting to be made or carried on under the Environmental Cooperation Agreement or the Labor Cooperation Agreement shall be questioned, reviewed or restrained by any proceeding in the nature of an application for judicial review or otherwise in any court. 11 In the event that the Province of Alberta withdraws from the Canadian Intergovernmental Environmental Agreement or the Canadian Intergovernmental Labour Agreement pursuant to

Article 14 of those respective Agreements, this

Part ceases to apply in respect of that Agreement 6 months after

Article 14 is satisfied.

Interpretation Act Amends RSA 2000 cI-8 5(1) The

Interpretation Act is amended by this section.

(2) Section 20 is amended (

a) by repealing subsection (3.1) and substituting the following:

(3.1) If a person appointed by or under the authority of an enactment to an office resigns, the person’s resignation is deemed to terminate the appointment. (

b) in subsection (3.2) by striking out “from a term of office under” and substituting “referred to in”; (

c) in subsection (3.3) by striking out “the resignation from a term of office” and substituting “a resignation”. Legislative Assembly Act Amends RSA 2000 cL-9 6(1) The Legislative Assembly Act is amended by this section.

(2) Section 42(2) is amended by striking out “section 50(1)(a)(iii)” and substituting “section 43(1)(a)(iii)”. Marketing of Agricultural Products Act Amends RSA 2000 cM-4 7(1) The Marketing of Agricultural Products Act is amended by this section.

11 Explanatory Notes

Interpretation Act 5(1) Amends

chapter I-8 of the Revised Statutes of Alberta 2000.

(2) Section 20 presently reads in part:

(3.1) If a person is appointed by or under the authority of an enactment to an office for a specified term of office and resigns before the term of office expires, that person’s resignation is deemed to terminate that appointment.

(3.2) A resignation from a term of office under subsection (3.1) is not effective unless it is provided in writing.

(3.3) The effective date of the resignation from a term of office referred to in subsection (3.1) is the later of (

a) the date the resignation is provided, or (

b) the date specified in the written resignation. Legislative Assembly Act 6(1) Amends

chapter L-9 of the Revised Statutes of Alberta 2000.

(2) Section 42(2) presently reads:

(2) There shall be paid to a Member who is the leader of a recognized opposition party, except the Leader of Her Majesty’s loyal opposition, an allowance at a rate per year prescribed by the Members’ Services Committee that is not less than 25% of the rate of salary payable to a member of the Executive Council pursuant to

section 50(1)(a)(iii). Marketing of Agricultural Products Act 7(1) Amends

chapter M-4 of the Revised Statutes of Alberta 2000.

12 (2)

Section 15(2)(

k) is repealed and the following is substituted: (

k) the timing of elections of members of the board or commission and who is eligible to vote in those elections, and

(3) Section 17(1)(a)(iv) is repealed and the following is substituted: (iv) the timing of elections of members of the board or commission and who is eligible to vote in those elections,

(4) Section 26 is amended (

a) in subsection (1) by striking out “the Council, with the approval of the Minister, may by regulation authorize a board or commission to make regulations” and substituting “the Minister may, in that plan, authorize a board or commission to make regulations with the approval of the Council”; (

b) in subsection (2) by adding “and any regulations or bylaws made under this section” after “section”; (

c) in subsection (2.1) by addi ng the following after clause (a): (a.1) the procedures respecting how members are to be elected to the board or commission;

(5) Section 27 is amended (

a) in subsection (1)

12 Explanatory Notes (2)

Section 15(2)(

k) presently reads:

(2) A proposed plan shall identify the following terms under which the plan is intended to operate: (

k) the manner in which members of the board or commission will be elected, and

(3) Section 17(1)(a)(iv) presently reads: 17(1) When a vote is in favour of establishing a plan under

section 15 or a plan is exempted from a vote under

section 16(2), the Minister may make regulations (

a) establishing a plan setting out provisions that provide for (iv) the manner in which members are to be elected to the board or commission,

(4) Section 26 presently reads in part: 26(1) For the purpose of enabling a board or commission to operate a plan, the Council, with the approval of the Minister, may by regulation authorize a board or commission to make regulations

(2) A board or commission may make administrative orders and directives respecting the carrying out of any or all of its powers and duties under this section.

(2.1) A board or commission may, with the approval of the Council, make bylaws respecting the governance of the board or commission including but not limited to the following: (

a) the governance of the board or commission and the management and conduct of its affairs, including the management and carrying out of powers, duties and functions by the board or commission;

(5) Section 27 presently reads in part:

13 (

i) by striking out “the Council, with the approval of the Minister, may, in addition to an authorization made under

section 26, by regulation authorize a board to make regulations” and substituting “the Minister may, in addition to an authorization made under

section 26, in that plan, authorize a board to make regulations with the approval of the Council”; (ii) by adding the following after clause (d): (d.1) respecting assurance programs and standards; (

b) in subsection (6) by adding “and any regulations or bylaws made under this section” after “section”. Marriage Act Amends RSA 2000 cM-5 8(1) The Marriage Act is amended by this section.

(2) Section 20 is amended (

a) in subsection (1) (

i) by striking out “Subject to subsection (2), a person” and substituting “A person”; (ii) by repealing clause (

a) and substituting the following: (

a) who is 16 years of age or older but under 18 years of age, and (

b) by repealing subsection (2). Metis Settlements Act Amends RSA 2000 cM-14 9(1) The Metis Settlements Act is amended by this section.

13 Explanatory Notes 27(1) For the purpose of enabling a board to operate a plan, the Council, with the approval of the Minister, may, in addition to an authorization made under

section 26, by regulation authorize a board to make regulations

(6) A board may make administrative orders and directives respecting the carrying out of any or all of its powers and duties under this section. Marriage Act 8(1) Amends

chapter M-5 of the Revised Statutes of Alberta 2000.

(2) Section 20 presently reads in part: 20(1) Subject to subsection (2), a person (

a) who is not of the age of 18 years, and

(2) No order shall be made under this

section in respect of a person under the age of 16 years, unless that person is a female and is shown by the certificate of a physician to be either pregnant or the mother of a living child. Metis Settlements Act 9(1) Amends

chapter M-14 of the Revised Statutes of Alberta 2000.

(2) The heading “Division 1 Transitional Regulations, General Council Policies and Bylaws” preceding

section 253 is repealed. Occupational Health and Safety Act Amends SA 2020 cO-2.2 10(1) The Occupational Health and Safety Act is amended by this section.

(2) Section 55(4) is amended by striking out “providing” and substituting “if”.

(3) Section 61 is amended by adding the following after subsection (3):

(4) The Minister shall ensure that the OHS Code is adequately published in such form as the Minister considers will make it reasonably available, which may include publication on the Minister’s website, at no expense or at reasonable expense, to all those likely to be affected by it.

(5) An OHS Code that is not published in accordance with subsection (4) is not valid against a person who has not had actual notice of the OHS Code.

(6) Section 3 of the Regulations Act does not apply to an OHS Code made under this section. Personal Information Protection Act Amends SA 2003 cP-6.5 11(1) The Personal Information Protection Act is amended by this section.

(2) Section 20(n)(ii) is repealed and the following is substituted:

14 Explanatory Notes

(2) Repeals heading of Division 1 of

Part 12. Occupational Health and Safety Act 10(1) Amends

chapter O-2.2 of the Statutes of Alberta, 2020.

(2) Section 55(4) presently reads:

(4) Despite subsections (1) to (3), the employer, owner or prime contractor referred to in subsection (1) may provide the orders in electronic format providing workers, the joint health and safety committee, if there is one, or the health and safety representative, if there is one, are informed of the orders and have ready access to them.

(3) Section 61 presently reads in part:

(3) Any provision of the OHS Code may be made to apply generally or to a particular occupation, work site, prime contractor, owner, employer, contracting employer, service provider, supplier, temporary staffing agency, supervisor, worker or any class of any such category. Personal Information Protection Act 11(1) Amends

chapter P-6.5 of the Statutes of Alberta, 2003.

(2) Section 20(n)(ii) presently reads:

15 (ii) Équité Association, or Post-secondary Learning Act Amends SA 2003 cP-19.5 12(1) The Post-secondary Learning Act is amended by this section.

(2) Section 107.01 is amended (

a) in subsection (2) by adding “or 2 members as co-chairs” after “chair”; (

b) in subsection (3) by repealing clauses (

a) and (

b) and substituting the following: (

a) a member of a board of an independent academic institution or of a public post-secondary institution; (

b) a president or vice-president of an independent academic institution or of a public post-secondary institution;

(3) This

section comes into force on the coming into force of

section 1(3)(

b) of the Advanced Education Statutes Amendment Act, 2021.

15 Explanatory Notes 20 An organization may disclose personal information about an individual without the consent of the individual but only if one or more of the following are applicable: (

n) the disclosure of the info rmation is for the purposes of protecting against, or for the prevention, detection or suppression of, fraud, and the information is disclosed to or by (ii) Investigative Services, a division of the Insurance Bureau of Canada, or Post-secondary Learning Act 12(1) Amends

chapter P-19.5 of the Statutes of Alberta, 2003.

(2) Section 107.01 presently reads in part:

(2) The Minister may appoint not more than 9 persons as members of the Minister’s Advisory Council on Higher Education and Skills and may designate one of the members as the chair.

(3) Persons who served or are serving in one of the following capacities are not eligible for appointment to the Minister’s Advisory Council on Higher Education and Skills until at least one year has elapsed since the person ceased serving in that capacity: (

a) a member of a board of a public post-secondary institution or of a board of a private post-secondary institution; (

b) a president or vice-pres ident of a public post-secondary institution or of a private post-secondary institution;

(3) Coming into force.

16 Queen Elizabeth II Platinum Jubilee Recognition Act Amends SA 2022 cQ-0.7 13(1) The Queen Elizabeth II Platinum Jubilee Recognition Act is amended by this section.

(2) The

Preamble is amended in the 6th recital by striking out “Queen’s Platinum Jubilee Medal” and substituting “Queen Elizabeth II’s Platinum Jubilee Medal (Alberta)”.

(3) Section 2 is amended (

a) in subsections (1) and (2) by striking out “Queen’s Platinum Jubilee Medal” and substituting “Queen Elizabeth II’s Platinum Jubilee Medal (Alberta)”; (

b) in subsection (3) (

i) by adding “or by the Minister” after “designated in the regulations”; (ii) by striking out “Queen’s Platinum Jubilee Medal” and substituting “Queen Elizabeth II’s Platinum Jubilee Medal (Alberta)”; (

c) in subsections (4) and (5) by striking out “Queen’s Platinum Jubilee Medal” and substituting “Queen Elizabeth II’s Platinum Jubilee Medal (Alberta)”.

(4) Section 8(

b) is amended by striking out “Queen’s Platinum Jubilee Medal” and substituting “Queen Elizabeth II’s Platinum Jubilee Medal (Alberta)”.

16 Explanatory Notes Queen Elizabeth II Platinum Jubilee Recognition Act 13(1) Amends

chapter Q-0.7 of the Statutes of Alberta, 2022.

(2) The

Preamble presently reads in part:

WHEREAS the Government of Alberta desires to mark this momentous occasion by designating a special Queen’s Platinum Jubilee Medal to individuals who have made a significant contribution to society; and

(3) Section 2 presently reads: 2(1) The Minister may grant the Queen’s Platinum Jubilee Medal to a maximum of 7000 individuals who have made a significant contribution to society.

(2) The Premier may select any individual the Premier considers deserving to be granted the Queen’s Platinum Jubilee Medal.

(3) The individuals and organizations designated in the regulations may, in accordance with the regulations, nominate individuals to be granted the Queen’s Platinum Jubilee Medal.

(4) The Minister shall approve the individuals nominated under subsection (3) to be granted the Queen’s Platinum Jubilee Medal.

(5) The Minister or, at the request of the Minister, the individuals and organizations designated under subsection (3) shall present, on behalf of the Government of Alberta, the Queen’s Platinum Jubilee Medal to the recipients.

(4) Section 8(

b) presently reads: 8 The Lieutenant Governor in Council may make regulations (

b) respecting the nomination process for the granting of the Queen’s Platinum Jubilee Medal under

section 2;

17 Recall Act Amends SA 2021 cR-5.7 14(1) The Recall Act is amended by this section.

(2) Section 55(2)(

d) is amended by striking out “or 15(1) or (3)”. Safety Codes Act Amends RSA 2000 cS-1 15(1) The Safety Codes Act is amended by this section.

(2) Section 2.2(1)(

a) is amended by striking out “52.1(1)” and substituting “52.1”. Skilled Trades and Apprenticeship Education Act Amends SA 2021 cS-7.88 16(1) The Skilled Trades and Apprenticeship Education Act is amended by this section.

17 Explanatory Notes Recall Act 14(1) Amends

chapter R-5.7 of the Statutes of Alberta, 2021.

(2) Section 55(2) presently reads in part:

(2) A person commits an offence if the person contravenes any of the following provisions or a provision that is specified for the purposes of this

section and the regulations: (d)

section 11(1) or (3) or 15(1) or (3). Safety Codes Act 15(1) Amends

chapter S-1 of the Revised Statutes of Alberta 2000.

(2) Section 2.2(1)(

a) presently reads: 2.2(1) On the making of (

a) an order under

section 52.1(1) or 52.2(1) of the Public Health Act, or Skilled Trades and Apprenticeship Education Act 16(1) Amends

chapter S-7.88 of the Statutes of Alberta, 2021.

18 (2)

Section 23(3) is repealed and the following is substituted:

(3) No person shall, expressly or by implication, represent that the person is permitted under this Act to perform a restricted activity in a designated trade unless the person is authorized under this Act to perform the restricted activity in that designated trade.

(3) Section 29 is amended by adding “compliance and enforcement under” after “of”.

(4) Section 30(1) is amended by striking out “this Act is” and substituting “this Act and the regulations are”.

(5) Section 32 is amended by adding “or the regulations” after “this Act” wherever it occurs.

(6) Section 33 is amended (

a) in subsection (1)(

a) by adding “or the regulations” after “this Act”; (

b) in subsection (4) by adding “, the regulations” after “this Act” wherever it occurs.

18 Explanatory Notes (2)

Section 23(3) presently reads:

(3) No person shall, expressly or by implication, represent that the person is permitted under this Act to work in a designated trade unless the person is authorized under this Act to work in that designated trade.

(3) Section 29 presently reads: 29 The Minister may appoint individuals as officers for the purposes of this Act.

(4) Section 30(1) presently reads in part: 30(1) For the purposes of ensuring that this Act is being complied with, an officer may, without an order under

section 31 or a search warrant, at any reasonable time enter any premises or location at which

(5) Section 32 presently reads: 32 If an officer is of the opinion that a person is not complying with this Act, the officer may by written order direct that person to comply with this Act within the time and in accordance with any directions set out in the order.

(6) Section 33 presently reads in part: 33(1) If an officer is of the opinion that a person is not complying with (

a) this Act, or

(4) On hearing an application the Court may do one or more of the following: (

a) direct the person to comply w ith this Act or the order, as the case may be; (

b) direct a person to cease ca rrying out any action that in the opinion of the Court does not comply with this Act or the order, as the case may be;

19 (7)

Section 40(1) is amended (

a) in clause (

a) by striking out “for the purposes of” and substituting “under”; (

b) by adding the follo wing after clause (b): (b.1) a Certificate of Completion of Apprenticeship, a Certificate of Qualification or a Certificate of Proficiency (

i) that was issued, recognized or continued under the Manpower Development Act, RSA 1980 cM-3, and (ii) that was deemed to be a t rade certificate issued under the former Act is deemed to be a trade certificate issued under

Part 2, (

c) by repealing clause (

c) and substituting the following: (

c) a document that was issued by another jurisdiction and recognized under the former Act as being the equivalent of a trade certificate or an occupational certificate is deemed to be recognized as being the equivalent of a trade certificate issued under

Part 2, and Societies Act Amends RSA 2000 cS-14 17(1) The Societies Act is amended by this section.

(2) Section 25 is amended by striking out “in Alberta”.

19 Explanatory Notes (

c) give those directions that it considers necessary in order to ensure compliance with this Act or the order, as the case may be;

(7) Section 40(1) presently reads in part: 40(1) On the coming into force of

Part 2, (

a) an occupation that was designated as a designated occupation or as a designated trade under the former Act is deemed to be a designated trade for the purposes of this Act, (

b) a trade certificate or occupational certificate granted under the former Act is deemed to be a trade certificate issued under

Part 2, (

c) a document that was issued by another jurisdiction and recognized under the former Act as being the equivalent of a trade certificate is deemed to be recognized as being the equivalent of a trade certificate issued under

Part 2, and Societies Act 17(1) Amends

chapter S-14 of the Revised Statutes of Alberta 2000.

(2) Section 25 presently reads: 25 A society shall hold an annual general meeting in Alberta and shall present at that meeting a financial statement setting out its income, disbursements, assets and liabilities, audited and signed by the society’s auditor.

20 Surface Rights Act Amends RSA 2000 cS-24 18(1) The Surface Rights Act is amended by this section.

(2) Section 39(1), (5) and (6) are amended by striking out “Board” wherever it occurs and substituting “Tribunal”. Vital Statistics Act Amends SA 2007 cV-4.1 19(1) The Vital Statistics Act is amended by this section.

(2) Sections 47 and 62(3)(

e) are repealed.

20 Explanatory Notes Surface Rights Act 18(1) Amends

chapter S-24 of the Revised Statutes of Alberta 2000.

(2) Section 39(1), (5) and (6) presently read: 39(1) The costs of and incidental to proceedings under this Act are in the discretion of the Board.

(5) When (

a) the Board makes a right of entry order, and (

b) the owner or occupant refuses to allow the operator to enter on and use the land to which the operator is entitled as described in the order, the operator may apply to the Board to deduct from the compensation payable under the compensation order the costs incurred by the operator in and incidental to obtaining entry on and use of the land pursuant to the right of entry order.

(6) The amount of costs, if any, to be deducted under subsection (5) is in the discretion of the Board. Vital Statistics Act 19(1) Amends

chapter V-4.1 of the Statutes of Alberta, 2007.

(2) Sections 47 and 62(3)(

e) presently read: 47(1) Any person who (

a) applies to the Registrar and provides the information prescribed in the regulations, (

b) furnishes the prescribed proof of identity, and

21 Explanatory Notes (

c) pays the prescribed fee may have a search made of the records of changes of name kept by the Registrar and may obtain from the Registrar a report reflecting the request.

(2) If the Registrar considers it in the public interest to do so, the Registrar may refuse to issue a report under subsection (1).

(3) This

section applies only to changes of name under

Part 3 of this Act or under the Change of Name Act, RSA 2000 cC-7. 62(3) A decision of the Registrar concerning matters under the following sections is final and conclusive and may not be appealed: (

e) searches of changes of name records under

section 47;

RECORD OF DEBATE Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Title: 2022 (30th, 3rd) Bill 24, Miscellaneous Statutes Amendment Act, 2022

Document details

Collection	Alberta — Bills
Citation	L30 S3 11982
Type	bill
Volume / chapter	L30 S3 11982
Language	en
Format	json
Source	PROVINCIAL
Identifier	0b1eebac98d35e744202623fa00f0597bd0ab5ba

Source file is stored in the law ingest library (json).