Bill 95 — Second Session, 20Th Legislature, 33 Elizabeth Ii the Legislative Assembly of Alberta Bill 95 Charter Omnibus Act the Attorney General (Legislature 20, Session 2)

L20 S2 3563

Alberta — Bills

1984 BILL 95 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 95 CHARTER OMNIBUS ACT THE ATTORNEY GENERAL First Reading Second Reading Committee of the Whole Third Reading Royal Assent

BiU 95- BILL 95 1984 CHARTER OMNIBUS ACT (Assented to , 1984) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: 1 The Alberta Evidence Act is amended by repealing

section 6(2) and substituting the following:

(2) A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings. 2 The Alberta Income Tax Act is ameruied in

section 18(l)(

d) by striking out "widow" and substituting "surviving spouse". 3 The Architects Act is amended in

section 44(2) by striking out "proceeding under any" and substituting "other proceedmgs imder this or any".

Explanatory Notes 1

Section 6 presently reads: 6(1) A witness shall not be excused from answering any question on the ground that the answer may tend to incriminate him or may tend to establish his liability to prosecution under

an Act ofthe Legislature.

(2) If a witness objects to answer a question on any ofthe grounds referred to in subsection (1), and but for this

section or any Act ofthe Parliament of Canada he would have been excused from answering the question, then, although the witness is by reason ofthis

section or by

an Act ofthe Parlia ment of Canada compelled to answer the answer so given shaU not be used or received in evidence against him in a prosecution under

an Act of the Legislature. 2

Section 18(1 )(

d) presently reads: 18(1) Every person paying at any time in a taxation year (

d) an amount on or after the death of an officer or employee, in recognition of his service, to his legal representative or widow or to any other person whatsoever, 3

Section 44(2) presently reads in part:

(2) A witness may be examined on oath on aU matters relevant to the investigation andshaU not be excused from answering any question on the ground that the answer might (

a) tend to incriminate him, (

b) subject him to punishment uruier this Part, or (

c) tend to establish his liability (

i) to a civU proceeding at the instance of the Crown or of any other person, or (ii) to prosecution under any Act or regulations uruier any Act, but if the answer so given tends to incriminate him, subjects him to pun ishment or tends to establish his liability it shall not be used or received against him in any civU proceeding or in any proceeding under any other Act. Explanatory Notes

4 Thf Certifted General Accountants Act is amended in

section 43(2} by striking out "proceedings under any" and substituting "otiier pro- ceedings under this or any". 5 The Chartered Accountants Act is amended (

a) by repealing

section 13(c); (

b) in

section 33(2) by striking out "proceedings under any" and substituting "other proceedings under this or any". 6 The Chiropractic Profession Act is amended in

section 52(2) by striking out "proceedings under any" and substituting "other pro ceedings under this or any".

Section 43(2) presently reads:

(2) A witness may be examined under oath on aU matters relevant to the investigation and shaU not be excused from answering any question on the ground that the answer might (

a) tend to incriminate him, (

b) subject him to punishment under this Part, or (

c) tend to establish his liability (

i) to a civU proceeding at the instance ofthe Crown or of any other person, or (ii) to prosecution uruier any Act or regulations uruier any Act, but if the answer so given tends to incriminate him, subjects him to pun ishment or tends to establish his liability, it shaU not be used or received against him in any civd proceedings or in any proceedings uruier any other Act. 5 Sections 13(

c) and 33(2) presently read: 13 A person shad be admitted as a member ofthe Institute who (

c) is a Canadian citizen, 33(2) A witness may be examined on oath on aU matters relevant to the investigation and shall not be excused from answering any question on the ground that the answer (

a) might tend to incriminate him, (

b) might subject him to punishment uruier this Act, or (

c) might tend to establish his liability (

i) to a civil proceeding at the instance ofthe Crown, or of any person, or (ii) to prosecution under any statute, but the answer so given, if it is such as tends to incriminate him, shall not be used or received against him in any civil proceedings or in any proceed ings under any other Act ofthe Legislature. 6

Section 52(2) presently reads: 52(2) A witness may be examined under oath on all matters relevant to the investigation or hearing before the Discipline Committee and shad not be excused from answering any question on the ground that the answer might tend to (

a) incriminate him, (

b) subject him to punishment under this Act, or (

c) establish his liability (

i) to a civU proceeding at the instance of the Crown or of any other person, or (ii) to prosecution uruier any Act, but if the answer so given tends to incriminate him, subject him to punish ment or establish his liability, U shaU not be used or received against him in any civd proceedings or in any proceedings under any other Act. Explanatory Notes

7 The Corrections Act is amended in

section 32(2) by striking out "proceedings under any" and substituting "other proceedings under this or any". 8 The Drainage Districts Act is amended by repealing

section 13(3)(

c) and substituting the following: (

c) a Canadian citizen. 9 The Energy Resources Conservation Act is amended by repealing

section 40(2) and substituting the following:

(2) A witness who testifies in an investigation under subsection (1) has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings. 10 The Engineering, Geological arui Geophysical Professions Act w amended in

section 56(2) by striking out "proceedings under any" and substituting "other proceedings under this or any". 11 The Forest and Prairie Protection Act is amended by repealing

section 32.

Section 32(2) presently reads:

(2) A witness may be examined on oath on aU matters relevant to the inquiry and shaU not be excused from answering any question on the grounds that the answer (

a) might tend to incriminate him, (

b) might subject him to punishment under this Act, or (

c) might tend to establish his liability (

i) to a civd proceeding at the instance ofthe Crown or of any other person, or (ii) to prosecution under any statute, but the answer so given, if it is such as tends to incriminate him or to establish his liability to a civil proceeding, shaU not be used or received against him in any civU proceedings or in any proceedings under any other Act of Alberta. 8

Section 13(3)(

c) presently reads:

(3) The board of each district shaU consist of 3 trustees who must each be (

c) a British subject. 9

Section 40 presently reads: 40(1) No person shaU be excused from testifying or from producing any book, document or paper in an investigation or inquiry by or on a hearing before the Board, when ordered to do so by the Board, on the ground that the testimony, book, document or paper might tend to incriminate him or subject him to penalty or forfeiture.

(2) When a person objects to answering a question or producing any doc umentary evidence on the ground that it might tend to incriminate him or subject him to penalty or forfeiture, the Board shall ^ve him the protection afforded by

section 5 of die Canada Evidence Act (Canada) and by

section 6 ofthe Alberta Evidence Act. 10

Section 56(2) presently reads:

(2) A witness may be examined on oath on aU matters relevant to the investigation or hearing arui shaU not be excused from answering any question on the grourui that the answer might (

a) tend to incriminate him, (

b) subject him to punishment uruier this Part, or (

c) tend to establish his liability (

i) to a civd proceeding at the instance ofthe Crown or of any other person, or (ii) to prosecution under any Act or regulations uruier any Act, but if the answer so given tends to incriminate him, subjects him to pun ishment or tends to establish his liability, it shaU not be used or received against him in any civd proceedings or in any proceedings under any other Act. 11

Section 32 presently reads: 32 When afire originates in an area in which any person or someone on his behalf, at the time the fire originates. Explanatory Notes

12 The Insurance Act is amended in

section 138(3) by striking out "or British subjects". 13 The Irrigation Act is amended by repealing

section 29(l)(b). 14 The Larui Surveyors Act is ameruied in

section 47(2) by striking out "proceedings under any" and substituting "other proceedmgs under this or any". 15 The Land Titles Act is amended by repealing

section 191. 16(1) The Legal Profession Act is amended (

a) by striking out "or a British subject" in the following provi sions:

section 39(2)(a);

section 40(a);

section 41(2)(a);

section 42(3)(a);

section 45(1 )(a);

section 46(1 )(a);

(

a) is conducting any activity that may cause afire, or (

b) has recently conducted any activity that may have caused a fire, the fire shaU be deemed to have been caused by that person unless he produces reasonable evidence that the fire originated from a cause not connected with his activity. 12

Section 138(3) presently reads:

(3) The majority ofthe directors of a company so elected shad at aU times be persons resident in Alberta who are Canadian citizens or British sub jects. 13

Section 29(1 )(

b) presendy reads: 29(1) A person is not qualified to be elected as or remain as an elected member ofthe board of a district unless he is (

b) able to read arui write in the English language, 14

Section 47(2) presently reads:

(2) A witness may be examined uruier oath on all matters relevant to the investigation or hearing before the Discipline Committee and shall not be excused from answering any question on the grourui that the answer might tend to (

a) incriminate him, (

b) subject him to punishment under this Part, or (

c) establish his liability (

i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution under any Act, but if the answer so given tends to incriminate him, subject him to punish ment or establish his liability, it shaU not be used or received against him in any civd proceedings or in any proceedings uruier any other Act. 15

Section 191 presently reads: 191 Whenever the court or a judge sees fit it or he may appoint a person to act as the next friend of a married woman for the purpose of any proceeding under this Act, arui from time to time remove or change her next friend. 16 Sections 39(2)(a), 40(a), 41(2)(a), 42(3)(a), 45(l)(a), 46(l)(

a) and 62(2) pres ently read: 39(2) The Secretary shaU approve the enrolment of a person admitted as a student-at-law under subsection (1) if he proves to the Secretary's satis faction and in accordance with the rules that he (

a) is a Canadian citizen or a British subject, 40 The Secretary shad approve the enrolment of a person as a member ofthe Society if he proves to the Secretary's satisfaction and in accordance with the rules that he (

a) is a Canadian citizen or a British subject. Explanatory Notes

(

b) in

section 62(2) by striking out "proceedings under any" and substituting "other proceedings under this or any".

(2) Where, immediately before the coming into force ofthis

section a British subject has been admitted as a student-at-law, he may he enrolled as a member of The Law Society of Alberta, notwithstanding that he is not a Canadian citizen. 17 The Legal Profession Amendment Act, 1981 is amended by re pealing

section 14(3). 18 The Liquor Control Act is amended (

a) by repealing

section 123(2); (

b) by repealing

section 124; (

c) by repealing

section 125; (

d) by repealing

section 126; (

e) in

section 128 by striking out "proof' and substituting "evi dence".

41(2) The Secretary shaU approve the enrolment of a person admitted as a student-at-law uruier subsection (1) if he proves to the Secretary's satis faction and in accordance with the rules that he (

a) is a Canadian citizen or a British subject, 42(3) The Secretary shaU approve the enrolment of a person admitted as a student-at-law under subsection (1) if he proves to the Secretary's satis faction and in accordance with the rules that he (

a) is a Canadian citizen or a British subject, 45(1) Subject to the rules, the Benchers may by resolution approve the enrolment of a person who proves to their satisfaction that he (

a) is a Canadian citizen or a British subject, 46(1) Subject to the rules, the Benchers may by resolution approve the enrolment of a person who proves to their satisfaction that he (

a) is a Canadian citizen or a British subject, 62(2) A witness may be examined on oath on aU matters relevant to the investigation and shaU not be excused from answering any question on the ground that the answer (

a) might tend to incriminate him, (

b) might subject him to punishment under this Part, or (

c) might tend to establish his liability (

i) to a civil proceeding at the instance of the Crown or of any person, or (ii) to prosecution under any statute, but the answer so given, if it is such as tends to incriminate him, shall not be used or received against him in any civil proceedings or in any proceed ings under any other Act ofthe Legislature. 17

Section 14(3) presently reads:

(3) In the following provisions "or a British subject" is struck out:

section 39(2)(a);

section 40(a);

section 41(2)(a);

section 42(3)(a);

section 45(1 )(a);

section 46(1 )(a); 18 Sections 123(2), 124, 125, 126 and 128 presendy read: 123(2) The burden of proving the right to make, manufacture, import, sell, purchase, provide, give, receive, convey, keep or consume liquor is on the person accused of improperly or unlawfully making, manufacturing, selling, importing, purchasing, providing, giving, receiving, conveying, keeping or consuming the liquor 124 As soon as it appears to the justice trying a case on the prosecution of a person charged with committing an offence under this Act that evi dence presented in the case has sufficiently established that the person had in his possession, charge or control any liquor in respect of or concerning which he is being prosecuted, the person charged with the offence shall, in defauh of his rebuttal of that evidence to the satisfaction of the justice, be convicted ofthe offence.

Explanatory Notes

19 The Lloydminster Hospital Act is amended in

section 35(4) (

a) in clause (

a) by striking out "British subjects" and substituting "Canadian citizens"; (

b) by repealing clause (b). 20 The Medical Profession Act is amended in

section 49(2) by strik ing out "proceedings under any" and substituting "other proceedings under this or any". 21 The Notaries Public Act is amended in

section 1(2) by striking out "a British subject or".

725 As soon as U appears to the justice trying a case on a prosecution of a licensee for an offence under

section 84 or 85 that evidence presented in the case has sufficiently established that the licensee knew or ought to have known that a person was a minor the licensee shall, in defauh of his rebuttal of that evidence to the satisfaction of the justice, be convicted of the offence. 126(1) In proving the unlawful sale, purchase, importation, provision, gift or receipt, gratuitous or otherwise, or consumption of liquor it is not neces sary in a prosecution to show that (

a) any money actually passed, or (

b) any liquor was actually consumed, if the justice hearing the case is satisfied that a transaction in the nature of an unlawful sale, purchase, importation, provision, gift or receipt ac tually took place or that any unlawful consumption of liquor was about to take place.

(2) Proof of consumption or intended consumption of liquor on premises on which the consumption is prohibited is evidence as against the occupant ofthe premises or other person that the liquor was sold, provided or given to or purchased or received by the person consuming or being about to consume or to convey it away. 128 In a prosecution under this Act the justice trying the case may, in the absence of proof to the contrary, infer that a liquid, preparation or mixture is intoxicating from the fact that a witness describes it as being intoxicating or describes it by a name which is commonly applied to an intoxicating liquor 19

Section 35(4)(

a) and (

b) presently read:

(4) The persons eligible for election as members ofthe Hospital Board are persons (

a) who are ofthefuU age of 18 years and British subjects; (

b) who are able to read and write the English language; 20

Section 49(2) presently reads:

(2) A witness may be examined on oath on aU matters relevant to the proceeding and shad not be excused from answering any question on the grourui that the answer (

a) might tend to incriminate him, (

b) might subject him to punishment under this Act, or (

c) might tend to establish his liability (

i) to a civd proceeding at the instance ofthe Crown or of any person, or (ii) to prosecution uruier any statute, but the answer so given, if it is such as tends to incriminate him or to establish his liability to a civU proceeding, shall not be used or received against him in any civd proceedings or in any proceedings under any other Act of Alberta. 21

Section 1(2) presently reads:

(2) The Attorney General shaU not appoint as notary piiblic a person who is not a British subject or a Canadian citizen actually residing withm Alberta. g Explanatory Notes

22 The Nursing Homes Act is amended (

a) by repealing

section 9(3) and (4); (

b) by repealing

section 12(4)(

d) and (e). 23 The Nursing Profession Act is amended in

section 70(2) by strik ing out "proceedings under any" and substituting "other proceedmgs under this or any". 24 The Optometry Act is amended in

section 26(7) by striking out "proceedings under any" and substituting "other proceedings under this or any".

22 Sections 9(3) and (4) and 12(4Xd) and (

e) presently read: 9(3) The Minister shaU not enter into a nursing home contract unless the other party to the contract is (

a) a district board, (

b) an individual who is a resident of Alberta, (

c) a partnership consisting solely of residents of Alberta, (

d) an Alberta corporation, (

e) a non-profit religious corporation, or (

f) the Government of Caruida, a Minister of the Crown in right of Canada or an agent ofthe Government of Canada. (4) Subsection (3) does not apply when the Minister enters into a nursing home contract for the purpose of replacing a nursing home contract en tered into before June 6, 1974 with the same operator. 12(4) After a hearing under this section, the Minister may make an order cancelling the nursing home contract ofthe operator coru:emed. suspend ing the contract of that operator or prohibiting or restricting the admission of patients to that operator's contract nursing home after the effective date ofthe order if the Minister is satisfied on the basis ofthe report made to him uruier subsection (3), that (

d) the operator was a resident of Alberta at the time his contract was entered into but has ceased to be a resident of Alberta, (

e) the operator was a partnership consisting of residents of Alberta at the time its contract was entered into but one or more ofthe partners have ceased to be residents of Alberta, 23

Section 70(2) presendy reads:

(2) A witness may be examined uruier oath on all matters relevant to the investigation or hearing before the Professional Coruiuct Committee and shaU not be excused from answering any question on the grourui that the answer might tend to (

a) incriminate her (

b) subject her to punishment uruier this Act, or (

c) establish her liability (

i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution under any Act, but if the answer so given tends to incriminate her subject her to punish ment or establish her liability, it shaU not be used or received against her in any civil proceedings or in any proceedings under any other Act. 24

Section 26(7) presendy reads:

(7) A witness in any proceeding before the discipline committee may be examined on oath on aH matters relevant to the investigation arui shaU not be excused from answering any question on the grourui that the answer (

a) might tend to incriminate him, (

b) might subject him to punishment uruier the disciplinary provisions ofthis Act, or Explanatory Notes

25 The Optometry Profession Act is amended in

section 41(2) hy sinking out "proceedings under any" and substituting "other pro ceedings under this or any". 26 The Pharmaceutical Association Act is amended in

section by striking out "a Canadian citizen and". 27 The Physical Therapy Profession Act is amended in

section 49(2) by striking out "proceedings under any" and substituting "other pro ceedings under this or any". 28 The Police Act is amended (

a) in

section 14(5) by striking out "proceedings under any" and substituting "other proceedings under this or any";

(

c) might tend to establish his liability (

i) to a civd proceeding at the instance ofthe Crown or of any other person, or (ii) to prosecution under any statute, but the answer so given, ifU is such as tends to incriminate him, shall not be used or received against him in any civd proceedings or in any proceed ings under any other Act ofthe Legislature. 25

Section 41(2) presendy reads: 41(2) A witness may be examined under oath on aU matters relevant to the investigation or hearing before the Discipline Committee arui shaU not be excused from answering any question on the ground that the answer might (

a) tend to incriminate him, (

b) subject him to punishment under this Part, or (

c) tend to establish his liability (

i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution uruier any Act or regulations uruier any Act but if the answer so given tends to incriminate him, subjects him to pun ishment or tends to establish his liability, it shall not be used or received against him in any civil proceedings or in any proceedings uruier any other Act. 26

Section 5(8) presendy reads:

(8) No person is eligible to be elected a councillor unless he is a Canadian citizen and a pharmaceutical chemist actively engaged in practice as a . pharmaceutical chemist in the district of Alberta in which he seeks election. 27

Section 49(2) presently reads:

(2) A witness may be examined under oath on all matters relevant to the investigation or hearing before the Discipline Committee and shall not be excused from answering any question on the grourui that the answer might tend to (

a) incriminate him, (

b) subject him to punishment uruier this Act, or (

c) establish his liability (

i) to a civd proceeding at the instance ofthe Crown or of any other person, or (ii) to prosecution uruier any Act, but if the answer so given tends to incriminate him, sidyect him to punish ment or establish his liability, it shaU not be used or received against him in any civil proceedings or in any proceedings under any other Act. 28 Sections 14(5) and 32(3) presendy read:

(5) A witness may be examined on oath on all matters relevant to the proceeding and shaU not be excused from answering any question on the grourui that the answer Explanatory Notes

(

b) in

section 32(3) by striking out "proceedings under any" and substituting "other proceedings under this or any". 29 The Private Investigators and Security Guards Act is amended by repealing

section 7(2). 30 The Reciprocal Enforcement of Judgments Act is amended in

section I(l)(

b) by striking out "wife or former wife" and substituting "spouse or former spouse". 31 The Registered Dietitians Act is amended in

section 34(2) by strik ing out "proceedings under any" and substituting "other proceedings under this or any".

(

a) might tend to incriminate him, (

b) might subject him to punishment under this Act, or (

c) might tend to establish his liability (

i) to a CivU proceeding at the instance ofthe Crown or of any other person, or (ii) to prosecution under any statute, but the answer so given, if it is such as tends to incriminate him or to establish his liability to a civd proceeding, shad not be used or received against him in any civd proceedings or in any proceedings under any other Act ofthe Legislature. 32(3) A witness may be examined on oath on aU matters relevant to the hearing arui shaU not be excused from answering any question on the grourui that the answer (

a) might tend to incriminate him, (

b) might subject him to punishment under this Act, or (

c) might tend to establish his liability (

i) to a civd proceeding at the instance ofthe Crown or of any other person, or (ii) to prosecution under any statute, but the answer so given, if it is such as teruis to incriminate him or to establish his liability to a civd proceeding, shaU not be used or received against him in any civU proceedings or in any proceedings uruier any other Act ofthe Legislature. 29

Section 7(2) presently reads:

(2) A private investigation agency licence or security guard agency licence shall not be issued to a person who has not been residing in or carrying on business in Alberta for 6 months immediately preceding the date of application for a licence unless the applicant (

a) is a resident of Alberta at the date of application, and (

b) is the holder of a subsisting licence in another province of a type similar to the one applied for 30

Section l(l)(

b) presendy reads: 1(1) In this Act, (b) "judgment" means a judgment or order of a court in a civil pro ceeding whereby a sum of money is made payable, and includes an award in an arbitration proceeding if the award, uruier the law in force in the jurisdiction where it was made, has become enforceable in the same manner as a judgment given by a court in that jurisdiction, but does not include an order for the payment of money as alimony or as maintenance for a wife or former wife or a child, or an order made against a putative father of an unborn child for the maintenance or support ofthe mother thereof 31

Section 34(2) presently reads:

(2) A witness may be examined on oath on all matters relevant to the investigation or hearing and shall not be excused from answering any question on the grourui that the answer might Explanatory Notes

32 The Seduction Act is repealed. 33 The Trust Companies Act is amended in

section 29(3)(

a) by strik ing out "or 75 years of age or over". 34 The Veterinary Profession Act is amended in

section 41(2) by striking out "proceedings under any" arui substituting "other pro ceedings under this or any". In accordance with

section 4(1) ofthe

Interpretation Act, this BiU comes into force on the date it receives Royal Assent. 10

(

a) terui to incriminate him, (

b) subject him to punishment under this Part, or (

c) terui to establish his liability (

i) to a civU proceeding at the instance ofthe Crown or of any other person, or (ii) to prosecution uruier any Act or regulations under any Act, but if the answer so given teruis to incriminate him, subjects him to pun ishment or tends to establish his liability, it shaU not be used or received against him in any civd proceedings or in any proceedings under any other Act. 32 This

section repeals

chapter S-7 ofthe Revised Statutes of Alberta 1980. 33

Section 29(3Xa) presendy reads:

(3) A person is not eligible to be elected or appointed a director if (

a) he is under 18 years of age or 75 years of age or over, or 34

Section 41(2) presendy reads:

(2) A witness may be examined on oath on aU matters relevant to the investigation or hearing arui shaU not be excused from answering any question on the grourui that the answer might (

a) terui to incriminate him, (

b) subject him to punishment uruier this Part, or (

c) terui to establish his liability (

i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution uruier any Act or regulations uruier any Act, but if the answer so given tends to incriminate him, subjects him to pun ishment or teruis to establish his liability, it shad not be used or received against him in any civil proceedings or in any proceedings under any other Act. 10 Explanatory Notes Title: 1984 (20th, 2nd) Bill 95, Charter Omnibus Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3563
Type	bill
Volume / chapter	L20 S2 3563
Language	en
Format	json
Source	PROVINCIAL
Identifier	0f32d40ac41ca6f748f397dddbdd7030df97b557

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