Bill 51 (Legislature 18, Session 2)

L18 S2 5623

Alberta — Bills

= 1976 Bill 51 Second Session, 18th Legislature, 25 Elizabeth II i I THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL Sl THE DEPARTMENT OF GOVERNMENT 'SERVICES AMENDMENT ACT, 1976 HONOURABLE HORST A. SCHMID First Reading Second Reading Third Reading ............................ Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 5'1 BILL S1 1976 THE DEPARTMENT OF GOVERNMENT SERVICES AMENDMENT ACT, 1976 (Assented to , 1976) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The, Department of Government Services Act is hereby amended.

Section 1 is amended by adding after clause (

a) the following clause: (la1) "department", except in sect~ons 7 and 8.1, means a departm'ent of the public service of Alberta and includes (

i) any board, commission or organizational unit that forms part of the public service of Alberta but is not part of any department thereof, and (ii) any corporation that is an agent of the Crown in right of Alberta;

Section 8 is struck out and the following

section is substitute,d: 8.

(1) For the purposes of the acquisition and provision of supplies or services for departm'ents, the Minister of Government Services may enter into agreements with any person.

(2) Unless responsibility therefor is specifically assigned to some other Minister by

an Act or by an order of the Lieutenant Governor in Council, the Minister of Government Services is responsible for the heating, care, maintenance, alteration, extension, repair and management of all property held, used or occupied for public works of the Government of Alberta. 4. The, following

section is added after

section 8: 8.1

(1) In this

section (a) "department" means every department of the public service of Alberta and every branch thereof, and

Explanatory Notes 1. This Bill will amend

chapter 11 of the Statutes of Alberta, 1975 (Second Session). 2. Definition.

Section 8 presently reads as follows: 8.

(1) Unless the administration thereof is assigned or transferred to some other Minister by

an Act or by an order of the Lieutenant Governor in Council, the Minister of Government Services has the administration of all real property held, used or occupied for public works of the Government of Alberta.

(2) Unless responsibility therefor is specifically assigned to some other Min Ister by

an Act or by an order of the Lieutenant Governor in Council, the Min ister of Government Services is responsible for (

a) the acquisition, disposition and servicing of all property for every de partment of the Government of Alberta, and (

b) the heating, lighting, care, maintenance, repair and management of l\~erty held, used or occupied for public works of the Government of 4. Provides for the reorganization of the supply service currently provided by the Alberta Government Purchasing Agency.

(b) "supplies" (

i) means goods, wares and other personal prop erty required by a department fiQr the trans action of its business and affairs, and (ii) without derogating frnm the generality of sub. clause (i), includes furnishings, whether fix tures or otherwise, and equipment and sta tionery. (~) In accordance with The Public Service Act there shall be appointed a Director of Purchas'es.

(3) The Director of Purchases may acquire by purchase or otherwise all supplies that are required from time to time by a department.

(4) Except as provided in subsections (7) and (8), every department shall acquire its supplies through the Director of Purchases. .

(5) The Director of Purchases may enter into agree ments with any board, corporation, commission or institu tion receiving its operating funds in whole or in part from the Government of Alberta to act as its agent for the pur pose of acquiring supplies, if the board, corporation, com mission or institution is spedfied in the regulations under subsection (8), clause (c).

(6) All acquisitions of supplies under this,

section shall be made by public tender except where the Director of Purchases is of the opinion that it would be more practical or expedient to acquire supplies by some other method,

(7) Where he [s satisfied that a department can for any reason acquire supplies at a lower cost, the Director of Purchases, by an order whieh may be (

a) general in all its terms, or (

b) limited to any suppldes or to any department designated therein, m'ay permit the acquisition by a department of any s.uppHes otherwise than through the Director of Purchases.

(8) The Lieutenant Governor in Council may (

a) declare that any kind of supplies designated in the order may be acquired for alldepai'tments or for any specified department otherwise than throu,gh the Director of Purchases but in accordance WIth any regulations under clause (b), (

b) make regulations wirth regard to the manner in which such purchases may be made, ~nd . (

c) make regulations sp~ctlfying the "boards, cqrpora tions,commissions and institutions with whIch the Director of Purchases m1ay enter into agreements under subsection (5).

Section 9 is struck out. 3

Section 9 presently reads: 9.

(1) Subject to the provisions of this section, the Minister may, with the approval of the Lieutenant Governor in Council, sell, lease or otherwise dispose of any estate or interest in land held by the Crown and under his ad ministration or any improvements that are on or have been removed from such land.

(2) A sale of land or improvements under subsection (1) shall be made (

a) following the submission of tenders or a public auction, and (

b) only after the Minister has obtained two or more appraisals of the market value of the land or improvements, at least one of which shall be obtained from an appraiser who is not an employee of the Govern ment and who carries on business as an appraiser. (3) Subsection (2), clause (

a) does not apply (

a) where, following the submission of tenders or at public auction, no tenders or bids were received or the highest tender or bid received was insufficient in the opinion of the Minister, having regard to the market value of the land or improvements according to appraisals obtained by the Minister, or (

b) where the sale is made in exchange for other land or improvements and in the opinion of the Minister adequate compensation is obtained for the land. or improvements sold by the Minister, or (

c) where the sale is made to (

i) a municipal corporation, the board of trustees of a school district or school division, the board of directors of an irrigation district or the board of trustees of a drainage district, or (ii) a university, college or other educational institution or the owner of a public hospital, or (iii) a corporation that is an agent of the Crown or that is incorporated for the purpose of carrying out any governmental function and is wholly or substantially supported by moneys appropriated by the Legislature or the Parliament of Canada for the purposes of that corporation, or (iv) a corporation to which

Part 9 of The Companies Act applies, a corporation incorporated under The Societies Act or any other cor poration incorporated for a purpose other than profit or gain, or (

v) any person in accordance with a trust in favour of that person, or (vi) any person in accordance with an obligation in favour of that person and the sale is exempted from the operation of subsection (2). clause (

a) by an order of the Lieutenant Governor in Council.

(4) Notwithstanding subsection (2), clause (b). a sale of lands or improve ments under this

section to a person referred to in subsection (3). clause (

c) may be made for a nominal consideration or for a price less than their market value.

(5) A lease or other disposition of a mine or mineral shall be made pursuant to The Mines and Minerals Act.

(6) The Lieutenant Governor in Council may transfer to the Crown in right of Canada the administration and control of land belonging to the Crown in right of Alberta and under the administration of the Minister. 3

Section 11 is amended (

a) as to subsection (1) by striking out the words "of the Government and of any corporation that is an agent of the Crown", and (

b) by striking out subsections (5), (6), (7), (8) and (9). 7. The following

section is added after

section 11: 11.1

(1) Subject to ,any other Act, all lost or unclaimed property in the custody of the Government of Alberta shall be retained for one year from the time the property came into the custody of the Government.

(2) If not cl,aimed within one year from the time the property came into the custody of the Government, the Minister may dispose of the property on behalf of the Government of Alberta.

(3) A purchaser of property under this

section becomes the owner thereof and any claim of an earlier owner shalf I be only for the proceeds of the sale less the cost 0 hauling and storage and less any other necessary expenses, including the costs of the s,ale, that have been incurred by the Government. 4

Section 11 presently reads: 11.

(1) The Minister is responsible on behalf of the Government of Alberta for the disposition of all surplus items of material, equipment and other things of all departments of the Government and of any corporation that is an agent of the Crown.

(2) The Minister may enter into agreements with such boards, corporations, commissions and institutions receiving their operating funds in whole or in part from the Government of Alberta as may be specified in the regulations, to act as their agent for the disposition of their surplus items of material, equip ment and other things.

(3) The Lieutenant Governor in Council may make regulations specifying the boards, corporations, commissions and institutions with which the Minister may enter into agreements under subsection (2).

(4) A sale under subsection (1) or (2) may be made for a nominal con sideration or at a price less than market value where the sale is made to (

a) a municipal corporation, the board of trustees of a school district or school division, the board of directors of an irrigation district or the board of trustees of a drainage district, or (

b) a university, college or other educational institution or the owner of a public hospital, or (

c) a corporation that is an agent of the Crown or that is incorporated for the purpose of carrying out any governmental function and is wholly or substantially supported by moneys appropriated by the Legislature or the Parliament of Canada for the purposes of that corporation, or (

d) a corporation to which

Part 9 of The Companies Act applies, a corporation incorporated under The Societies Act or any other corporation incorpor ated for a purpose other than profit or gain, or (

e) any person in accordance with a trust in favour of that person, or (

f) any person in accordance with an obligation in favour of that person, if the sale is approved by an order of the Lieutenant Governor in Council.

(5) Subject to any other Act, all lost or unclaimed property in the custody of the Government of Alberta shall be retained for one year from the time the property came into the custody of the Government.

(6) If not claimed within one year from the time the property came into the custody of the Government, the Minister may dispose of the property on behalf of the Government of Alberta.

(7) A purchaser of property under this

section becomes the owner thereof and any claim of an earlier owner shall be only for the proceeds of the sale less the cost of hauling and storage and less any other necessary expenses, including the costs of the sale, that have been incurred by the Government.

(8) No claim may be made (

a) to the property after one year from the date that the property came into the custody of the Government unless the property is still in the custody of the Government, or (

b) to the proceeds of the sale of the property after one year from the date that the property was disposed of by the Department.

(9) This

section does not apply to vehicles as defined in The Motor Vehicle Administration Act. 7. Unclaimed property. 4

( 4) No claim may be made (

a) to the property after one year from the date that the property eame into the custody of the Govern ment unless the property ,is still in the custody of the Government, or (

b) to the proceeds of the sale of the property after one year from the date on which the property was dis posed of by the Minister.

(5) This

section does not apply to abandoned vehicles to which isection 96 of The Motor Vehicle Administration Act applies. 8. Sections 12, 13 and 14 are struck out and the follow ing sections substituted,' 12.

(1) The Minister shall establish and administer an advance account for the Department of Government Services.

(2) The Provincial Treasurer shall, upon the requisition of the Minister, advance from and out of the General Rev enue Fund to the advance account administered by the Minister such sums as may be required from time to time by the Minister to (

a) acquire equipment, services and supplies that are necessary in order for the Minister to provide a data proeessing and :computer service to any depart ment, or (

b) acquire vehicles, aircraft, equipment, services and supplies required by the Minister to provide land and air transportation services to any department other than a department which has been provided with transportation services by the Minister of Transportation under The Department of Trans oprtation Act, or (

c) acquire printing, duplicating, publishing, photo copying and information services provided by the Minister to any department, or (

d) acquire any labour, equipment and supplies provided by the Mini,ster to any department for the purposes of the alteration, repair, maintence and extension of a public work or part thereof used by that depart ment, or (

e) acquire warehousing and distribution services pro vided by the Minister to any department, or (

f) pay for supplies acquired pursuant to

section 8.1.

(3) The net amount outstanding at any time in respe~~ of advances under subsection (2) shall not exceto $45,000,000. 5

8. Sections 12, 13 and 14 presently read: 12.

(1) The Minister shall establish and administer a stock advance fund for the Department of Government Services.

(2) The Provincial Treasurer upon the requisition of the Minister may make advances from the General Revenue Fund to the stock advance fund of such sums as the Minister may require to pay for machinery, equipment, stock or material required by the Department.

(3) The net amount of the advances at any time shall not exceed $5,000,000. 13.

(1) Where the machinery, equipment, stock or material is purchased for and delivered to a particular department, branch or service, the Minister may charge the value thereof to that department, branch or service.

(2) Where the machinery, equipment, stock or material is purchased out of the stock adVance fund for use by one or more departments, branches or services, and the value thereof is charged to and retained by the stock advance fund, the Minister may charge a fair rent for its use to the department, branch or service by or for which it is used.

(3) Where machinery, eqUipment, stock or material held by the stock ad vance fund is no longer required, the Minister may sell or otherwise dispose of the same on such terms and conditions as the Minister considers proper.

(4) The amount of (

a) each charge made by the Minister under subsections (1) and (2), and (

b) the proceeds of a sale or disposition made under subsection (3), shall be credited in reduction of the amount of the advances made by the Provincial Treasurer to the stock advance fund. 14.

(1) On or before the fifteenth day of June in each year the Minister shall cause to be prepared and submitted to the Provincial Auditor for certification the operating account and the balance sheet covering operations of the stock advance fund for the immediately preceding fiscal year.

(2) The statements as certified by the Provincial Auditor shall be included in the public accounts for the year.

(3) The Lieutenant Governor in Council by order may transfer to the General Revenue Fund a profit arising from the operations for the year as shown by the statements certified by the Provincial Auditor.

(4) If a deficit has occurred, the amount of the deficit may be deducted from the profit of any succeeding fiscal year or years before the profit is transferred to the General Revenue Fund. 5

(4) On or before the 15th day of June in each year the Minister shall cause to be prepared an operating statement and balance sheet covering the advance account for the immediately preceding fiscal year.

(5) The operating statement and balance sheet shall be audited by the Provincial Auditor in each fiscal year and included in the Public Accounts for that year.

(6) Any surplus arising from the advance lac,count shall be pa:id into the General Revenue Fund and the amount of any deficit may be deducted from the surplus of any suc ceeding fiscal year or years before the surplus is trans ferred to the General Revenue Fund. 13.

(1) Where equipment, services, supplies, vehicles, aircraft or labour are pr'ovided to or acquired for and deliv ered to a particular department, the Minister may charge the fair value thereof to that department.

(2) Where any equipment, lSupplies, vehicles or air craft acquired by the Minister are no longer required, the Minister may sell or otherwise dispose of the same on such terms and conditions as the Minister cons,iders proper.

(3) The~mount of (

a) each charge made by the Minister. under sub ,section (1), and (

b) the proceeds of a sale or other' disposition made under subsection (2), shall be credited in reduction of the amount of the advances made by the Provincial Treasurer under

section 12. 9. The Alberta Historical Resources Act is amended as to

section 8, clause (

h) by striking out the words "the pro vision and maintenance of" and by substituting' the words "arrange for the establishment of facilities for". 10. The Alberta Government Purchasing Agency Act is repealed. . 6

9. Amends

chapter 5 of the Statutes of Alberta, 1973. 10. Consequential. Repeals

chapter 30'4 of the Revised Statutes of Alberta 1970. 6

11. The Queen's Printer Act is amended by striking out sections 7, 8, 9, 10, 11 and 12 and by substituting the fol lowing section: 7. The Minister of Government Services is charged with the ,administra;tion of this Act. 12. This Act comes into force on the day upon which it is assented to. 7

II. Amends

chapter 307 of the Revised Statutes of Alberta 1970. Sections 7 to 12 of The Queen's Printer Act presently read: 7. The Queen's Printer shall, if necessary, cause to be printed, numbered and bound blank forms of receipts and licences, with such counterfoils as are necessary, for use in collecting or accounting for a portion of revenue, and shall issue the same to the head of the department concerned. 8.

(1) The Queen's Printer shall (

a) procure all stationery and general office supplies, and (

b) have all printing and bindery work done, that is required for the use of the Legislative Assembly or a department of the public service.

(2) The Provincial Treasurer may, on a requisition of the Queen's Printer, advance out of the General Revenue Fund such sums of money as are required to pay for the stationery, office supplies, printing or bindery work, referred to in subsection (1), but the net amount of such advances shall not at any time exceed $400,000. 9. The Queen's Printer shall supply any

article purchased in the manner provided for in

section 8, on a requisition therefor by the head of the department having charge of the service in connection with which such stationery, office supplies, printing or bindery work is required. 10. The quantity of articles supplied under

section 9 and the value thereof shall be charged by the Provincial Treasurer to the particular service in con nection with which the supplies are required, on an account thereof being rendered by the Queen's Printer, and the amount of such charge shall at the same time be credited to the amount of advances made by the Provincial Treasurer on the requisition of the Queen's Printer under

section 8. 11.

(1) In computing the value of an

article supplied to a department the Queen's Printer shall take into account the cost of any assistance that has been given by a person in connection with the handling, storage, transportation or distribution of such

article between the times of its being first ordered and finally distributed.

(2) The Provincial Treasurer may advance to the Queen's Printer the cost of such assistance or other expenditure as though the payment was for the original purchase of an article. 12.

(1) The Queen's Printer on or before the tenth day of April in each year shall cause to be prepared and submitted to the Provincial Auditor for certification trading, profit and loss accounts, and statement of assets and liabilities, covering operations for the immediately preceding fiscal year.

(2) The statements as certified by the Provincial Auditor shall be included in the Public Accounts for the year.

(3) Any profit arising from the operations of the year as shown by the said statements forms part of the General Revenue Fund of the Province.

(4) Where a deficit has occurred in operations for the fiscal year the amount of such deficit shall be deducted from the profit of any succeeding fiscal year or years before such profit is transferred to the General Revenue Fund. 7 Title: 1976 (18th, 2nd) Bill 51, The Department of Government Services Amendment Act, 1976

Document details

Collection	Alberta — Bills
Citation	L18 S2 5623
Type	bill
Volume / chapter	L18 S2 5623
Language	en
Format	json
Source	PROVINCIAL
Identifier	209e41c8c5bbbd753271995d9da417b332fefbc7

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