Bill 25 — Second Session, 30Th Legislature, 69 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 25 Prote Cting Alberta Industry From Theft Act, 2020 (Legislature 30, Session 2)

L30 S2 11858

Alberta — Bills

2020 Bill 25 Second Session, 30th Legislature, 69 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 25 PROTE CTING ALBERTA INDUSTRY FROM THEFT ACT, 2020 THE MINISTER OF JUSTICE AND SOLICITOR GENERAL Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 25 BILL 25 2020 PROTECTING ALBERTA INDUSTRY FROM THEFT ACT, 2020 ( A s s e n t e d t o , 2 0 2 0 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 2013 cS-3.5 1 The Scrap Metal Dealers and Recyclers Identification Act is amended by this Act. 2

Section 1 is amended (

a) by renumbering clause (

a) as clause (a.1) and adding the following before clause (a.1): (a) “law enforcement agency ” means a police service as defined in the Police Act; (

b) by adding the followi ng after clause (a.1): (a.2) “non-ferrous metal” means a metal or alloy that does not contain a significant amount of iron; (

c) by repealing clause (

d) and substituting the following: (d) “scrap metal” means all new or used items substantially made of non-ferrous metal, including, but not limited to, aluminum, brass, bronze, copper and tin, and other metal or material prescribed by the regulations; (

d) by adding the following after clause (e):

1 Explanatory Notes Explanatory Notes 1 Amends

chapter S-3.5 of the Statutes of Alberta, 2013. 2

Section 1 presently reads in part: 1 In this Act, (a) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (d) “scrap metal” means new or used items substantially made of aluminum, brass, bronze, copper, stainless steel, steel, tin or other metal prescribed by the regulations; (e) “scrap metal dealer or re cycler” means a person engaged in the business of purchasing, trading or bartering scrap metal and includes employees of that person.

2 (f) “traceable currency” means a method of payment in which the transfer of money is able to be followed from the sender to the recipient by a third party, and in which the sender and recipient are not anonymous, and does not include payment by cash or any electronic currency in which the sender and recipient are anonymous. 3

Section 3 is amended (

a) by adding the following after subsection (1):

(1.1) No scrap metal dealer or recycler shall purchase or receive scrap metal from a person who fails to provide proof that the person meets age eligibility requirements for engaging in a scrap metal transaction, as prescribed by the regulations. (

b) in subsection (5) by striking out “not to exceed one year after the transaction” and substituting “of at least 2 years from the time of the transaction or for such other period as may be prescribed by the regulations”; (

c) by repealing subsection (6) and substituting the following:

(6) Within 24 hours of purchasing or receiving restricted metal, as defined by the regulations, or purchasing or receiving scrap metal of a weight that is greater than a weight prescribed in the regulations, a scrap metal dealer or recycler shall provide the prescribed information collected under this

section to a peace officer or a law enforcement agency in the manner and form prescribed by the regulations. 4 The following is added after

section 3: Mandatory use of traceable currency 3.1 If the total value of a transaction is more than the value specified in the regulations, a scrap metal dealer or recycler must use traceable currency to purchase scrap metal. 5

Section 4 is amended (

a) by renumbering

section 4 as

section 4(1);

2 Explanatory Notes 3

Section 3 presently reads in part: 3(1) No scrap metal dealer or recycler shall purchase or receive scrap metal from a person who fails to provide (

a) proof of identity as pr escribed by the regulations, and (

b) information respecting the transaction prescribed by the regulations.

(5) A scrap metal dealer or recycler shall maintain the prescribed information obtained pursuant to this

section for a period not to exceed one year after the transaction.

(6) Within 24 hours of purchasi ng or receiving scrap metal of a weight that is greater than a weight prescribed in the regulations, a scrap metal dealer or recycler shall provide the prescribed information collected under this

section to a law enforcement agency. 4 Mandatory use of traceable currency. 5

Section 4 presently reads: 4 If a scrap metal dealer or recycler has reasonable grounds to believe that metal in the possession of the scrap metal dealer or

3 (

b) in subsection (1) by adding “a peace officer or” after “matter to”; (

c) by adding the following after subsection (1):

(2) A peace officer or a law enforcement agency may require a scrap metal dealer or recycler to hold metal that a scrap metal dealer or recycler, peace officer or law enforcement agency suspects is stolen property for a period prescribed by the regulations.

(3) During the period referred to in subsection (2), the scrap metal dealer or recycler shall not sell or otherwise dispose of the metal that is suspected to be stolen property. 6

Section 5(1) is amended by adding “or a law enforcement agency” after “peace officer”. 7

Section 9(1) is amended (

a) in clause (a) (

i) in subclause (

i) by striking out “$5000” and substituting “$10 000”; (ii) in subclause (ii) by striking out “$15 000” and substituting “$50 000”; (

b) in clause (b) (

i) in subclause (

i) by striking out “$15 000” and substituting “$25 000”; (ii) in subclause (ii) by striking out “$50 000” and substituting “$200 000”.

3 Explanatory Notes recycler is stolen property, the scrap metal dealer or recycler shall immediately report the matter to a law enforcement agency. 6

Section 5(1) presently reads: 5(1) A peace officer may conduct an investigation for the purpose of determining whether a person is in compliance with this Act. 7

Section 9(1) presently reads: 9(1) A person who contravenes this Act or the regulations is guilty of an offence and liable on conviction (

a) for a first offence (

i) in the case of an individual, to a fine not exceeding $5000 or to imprisonment for a term of not more than one year or to both, (ii) in the case of a corpor ation, to a fine not exceeding $15 000, and (

b) for a 2nd or subsequent offence (

i) in the case of an individual, to a fine not exceeding $15 000 or to imprisonment for a term not exceeding one year or to both, (ii) in the case of a corpor ation, to a fine not exceeding $50 000.

4 8

Section 10 is amended (

a) by adding the following after clause (d): (d.1) prescribing a time period for the purpose of

section 3(5 ); (

b) by adding the following after clause (e): (e.1) defining materials as restricted metal for the purpose o f this Act; (

c) by adding the following after clause (f): (f.1) prescribing age eligibility requirements for engaging in a scrap metal transaction; (

d) in clause (h) (

i) by adding the followi ng after subclause (i): (i.1) the manner and form in which recorded information must be provided to the Minister; (ii) by repealing subclause (ii) and substituting the following: (ii) the information that must be provided and the manner and form in which recorded information must be provided to a peace officer or a law enforcement agency; (

e) by adding the following after clause (h): (h.1) respecting the value of a transaction requiring the use of traceable currency; (h.2) prescribing a time period for the purpose of

section 4(2 ); (h.3) respecting the collection, use and disclosure of persona l information by the Minister; 9

Section 11 is amended by striking out “duties and obligations” and substituting “powers, duties or obligations”.

4 Explanatory Notes 8

Section 10 presently reads in part: 10 The Lieutenant Governor in Council may make regulations (

d) prescribing materials as scr ap metal for the purpose of this Act; (

e) prescribing a weight for the purpose of

section 3(6); (

f) prescribing conditions that a person selling or providing scrap metal must meet before a scrap metal dealer or recycler may purchase or receive the scrap metal; (

h) for the purpose of

section 3, prescribing (

i) additional information that must be obtained and recorded with respect to a transaction or purchase and the manner of recording that information; (ii) the manner in which recorded information must be provided to a law enforcement agency or peace officer; 9

Section 11 presently reads: 11 For the purposes of sections 33 and 34 of the Freedom of Information and Protection of Privacy Act, a peace officer or a law enforcement agency may collect personal information other than

5 10 The following is added after

section 11: Collection of personal information by Minister 11.1 The Minister may collect, use and disclose personal information as defined in the Freedom of Information and Protection of Privacy Act in accordance with the regulations. 11(1) Sections 2(a), (

b) and (c), 3(

a) and (b), 6, 7, 8(a), (

b) and (

c) and 9 have effect on September 1, 2020.

(2) Sections 2(d), 3(c), 4, 5, 8(

d) and (

e) and 10 have effect on November 1, 2020.

5 Explanatory Notes from the individual provided that such collection pertains to the discharge of their duties and obligations under this Act. 10 Collection of personal information by Minister. 11 Coming into force.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2020 (30th, 2nd) Bill 25, Protecting Alberta Industry from Theft Act, 2020

Document details

Collection	Alberta — Bills
Citation	L30 S2 11858
Type	bill
Volume / chapter	L30 S2 11858
Language	en
Format	json
Source	PROVINCIAL
Identifier	1ed6823825a64b081e0e55d5d573f73b057bbc0b

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