Bill 43 — Second Session, 24Th Legislature, 47 Elizabeth Ii the Legislative Assembly of Alberta B Ill 43 M Isc Ella N Eo U S Sta Tu Tes A M En D M En T A C T, 1998 (Legislature 24, Session 2)

L24 S2 996

Alberta — Bills

1998 BILL 43 Second Session, 24th Legislature, 47 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA B ILL 43 M ISC ELLA N EO U S STA TU TES A M EN D M EN T A C T, 1998 THE MINISTER OF JUSTICE AND ATTORNEY GENERAL First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 43 B ILL 43 1998 M ISC ELLA N EO U S STA TU TES A M EN D M EN T A C T, 1998 (Assented to , 1998) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: A lberta Treasury B ranches A ct Amends SA 1997 cA-37.9 1 The A lberta Treasury B ranches A ct is am ended in

section 31 by striking out “The Minister may” and substituting “Alberta Treasury Branches shall”. A lberta R esources R ailw ay C orporation A ct Repeals RSA 1980 cA-38 2

(1) The A lberta R esources R ailw ay C orporation A ct is repealed. (2 ) Any right, power or function that is vested in or is to be exercised by or on behalf of the Alberta Resources Railway Corporation is vested in the Crown in right of Alberta and may be exercised or performed by or on behalf of the Crown in right of Alberta.

(3) Any assets of the Alberta Resources Railway Corporation are vested in the Crown in right of Alberta.

(4) Unless expressly provided otherwise in an agreement to which the Crown in right of Alberta is a party, the Crown is not vested with any liabilities, obligations or duties of the Alberta Resources Railway Corporation.

(5) The M etric C onversion A m endm ent A ct is am ended by repealing

section 1(3).

(6) The Public Service Em ployee R elations A ct is am ended by repealing

section 1(

c) of the Schedule. 1

A rtificial Insem ination of D om estic A nim als A ct Repeals RSA 1980 cA-45 3(1) The A rtificial Insem ination of D om estic A nim als A ct is repealed. (2 ) The A rtificial Insem ination of D om estic A nim als A m endm ent A ct, 1981 is repealed.

(3) The Veterinary Profession A ct is am ended by repealing

section 2 (2 )(b). C hild and Fam ily Services A uthorities A ct Amends SA 1996 cC-7.3 4 The C hild and Fam ily Services A uthorities A ct is am ended in

section 3 by adding the follow ing after subsection (5):

(5.1) Despite subsection (5), a person who resides in the part of the City of Lloydminster that is located in Saskatchewan may be a member of the Authority that administers the region in which the City of Lloydminster is located. C ourt of A ppeal A ct Amends RSA 1980 cC-28 5 The C ourt of A ppeal A ct is am ended by adding the follow ing after

section 8: 8.1 A judge who ceases to hold office may, within 6 months after ceasing to hold office, give judgment in a matter previously heard and completed before that judge as if that judge had not ceased to hold office. D ependent A dults A ct Amends RSA 1980 cD-32 6 The D ependent A dults A ct is am ended in

section 12 (2 ) by striking out “Act or the regulations” and substituting “or any other Act or a regulation under any of those Acts”. Fatality Inquiries A ct Amends RSA 1980 cF-6 7(1) The Fatality Inquiries A ct is am ended by this section. (2 )

Section 16(1) is am ended by striking out “has inspected the body and”. 2

(3) In the follow ing provisions “public inquiry” is struck out w herever it occurs and “public fatality inquiry” is substituted:

section 1(1);

section 4(a);

section 22(2);

section 31(1) and (2)(b);

section 34(2)(

a) and (

b) and (3);

section 36(1), (2), (3) and (4);

section 36.1;

section 37(2);

section 39(2);

section 40(1), (2), (3) and (4);

section 40.1;

section 40.3;

section 40.5;

section 40.6(1);

section 41(1) and (2);

section 42(1) and (2);

section 43(1) and (2);

section 45;

section 46;

section 47(1);

section 48(3). G overnm ent O rganization A ct Am ends SA 1994 cG-8.5 8 The G overnm ent O rganization A ct is am ended by repealing the heading to

Schedule 6 and substituting the follow ing: SC H ED U LE 6 IN TER G O VER N M EN TA L A N D A B O R IG IN A L M A TTER S

Interpretation A ct Amends RSA 1980 cl-7 9 The

Interpretation A ct is am ended in

section 2 5(1)(

a) by striking out “Northwest” and substituting “North-West”. Jury A ct Am ends SA 1982 cJ-2.1 10(1) The Jury A ct is am ended by this section. (2 )

Section 1(

c) is am ended by adding “and” at the end of subclause (iii). 3

(3) Section 4(

i) is am ended by striking out “periods referred to in

section 42 of the Legislative Assembly Act" and substituting “period that their attendance is required”. Legal Profession A ct Amends SA 1990 cL-9.1 11(1) The Legal Profession A ct is am ended by this section. (2 )

Section 103 is am ended by adding the follow ing after subsection (2 ): (3) Subsection (2)(1) does not include a person who is disbarred.

(3) In the follow ing provisions “Conduct Review Committee” is struck out w herever it occurs and “Practice Review Committee” is substituted:

section 49(1)(b);

section 50(1)(

b) and (f);

section 55;

section 56(2);

section 61;

section 65(1);

section 70(1)(a)(i), (b)(

i) and (

e) and (4)(a)(

i) and (b)(i);

section 73(2)(b). Licensing of Trades and B usinesses A ct Amends RSA 1980 cL-13 12 The Licensing of Trades and B usinesses A ct is am ended by adding the follow ing after

section 15: Order to m ake restitution 15.1 Where a person is convicted of an offence under this Act, the Court of Queen’s Bench may, in addition to any other penalty it may impose, order that person to make restitution to any other person in relation to the contravention. Lim itations A ct Amends SA 1996 cL-15.1 13(1) The Lim itations A ct is am ended by this section. (2 )

Section 1(

e) is repealed.

(3) Section 5(2 ) is am ended by striking out “cause of action" and substituting “claim”. 4

Livestock D iseases A ct Amends RSA 1980 cL-22 14 The Livestock D iseases A ct is am ended in

section 1(

e) by striking out “Veterinary Services” and substituting “the Animal Industry Division”. Livestock and Livestock Products A ct Amends RSA 1980 cL-24 15 The Livestock and Livestock Products A ct is am ended in

section 3(1)(

c) by striking out “, the fees payable in respect of the licences and different fees for different classes of licences”. M otor Vehicle A ccident C laim s A ct Amends RSA 1980 cM -21 16(1) The M otor Vehicle A ccident C laim s A ct is am ended by this section. (2 )

Section 1 is am ended (

a) by adding the follow ing after clause (a): (a.1) “judgment” includes a partial judgment; (

b) by adding the follow ing after clause (f): (f.1) “partial judgment” means a judgment (

i) that is for the maximum amount prescribed by this Act or the regulations that may be paid out of the General Revenue Fund with respect to all claims arising out of one accident, and (ii) that permits the plaintiff to continue the action against (

A) the defendant against whom the partial judgment is obtained, and (

B) any other defendant or defendants to the action, to the extent that the plaintiff has claims against them for an amount in excess of the amount awarded in the partial judgment;

(3) The follow ing is added after

section 9: 5

Partial judgment 9.1(1) Where, under

section 6, the Administrator consents to a partial judgment against a defendant or makes an offer of partial judgment against a defendant, a court shall award partial judgment in either case on the application of the plaintiff. (2 ) When the Administrator is a defendant under

section 9, the Administrator may consent to a partial judgment, or make an offer of partial judgment, and a court shall award partial judgment in either case on the application of the plaintiff. Protection from Second-hand Sm oke in Public B uildings A ct Amends SA 1996 cP-19.7 17 The Protection from Second-hand Sm oke in Public B uildings A ct is am ended by repealing

section 13 and substituting the follow ing: Coming into force 13 This Act comes into force on January 1, 1999. Public Service A ct Amends RSA 1980 cP-31 18 The Public Service A ct is am ended in

section 2 (2 ) by adding “, the Ethics Commissioner, the Information and Privacy Commissioner” after “Ombudsman”. Public Service Em ployee R elations A ct Amends RSA 1980 cP-33 19 The Public Service Em ployee R elations A ct is am ended in

section 2 1(1)(

h) by striking out “or” at the end of subclause (iii) and by adding the follow ing after subclause (iv): (

v) the Office of the Ethics Commissioner, or (vi) the Office of the Information and Privacy Commissioner; Public Trustee A ct Am ends RSA 1980 cP-36 2 0(1) The Public Trustee A ct is am ended by this section. (2 )

Section 8 is repealed and the follow ing is substituted: 6

Property of m issing persons 8(1) When a person appears to be a missing person within the meaning of this Act and the Public Trustee is of the opinion that it is impracticable to obtain an order under

section 9, the Public Trustee may (

a) take possession of the money and other property of the missing person, or (

b) if the Public Trustee is already in possession of the missing person’s money and other property under this or any other Act, retain possession of the money and other property of the missing person. (2 ) Subject to subsection (3), the Public Trustee shall safely keep, preserve and protect the money and other property referred to in subsection (1)(

a) or (b).

(3) The Public Trustee may, if in the absolute discretion of the Public Trustee it is in the best interests of the missing person’s estate, sell and convert any of the property of the missing person into money.

(4) If a missing person referred to in subsection (1) ceases to be missing, the Public Trustee may return the money and other property to the person.

(5) If it is determined that a missing person referred to in subsection (1) is deceased, the Public Trustee may transfer the money and other property to the personal representative of the person’s estate.

(3) Section 9 is repealed and the follow ing is substituted: Court may declare person to be m issing 9(1) If it is proved to the satisfaction of the Court of Queen’s Bench that a person is a missing person within the meaning of this Act, the Court may (

a) declare that person to be a missing person, and (

b) by order, appoint the Public Trustee as trustee of the money and other property of the missing person. (2 ) The Public Trustee, on being appointed as trustee of the money and other property of the missing person, may (

a) manage, handle, administer, sell, dispose of or otherwise deal with any of the money and other property of the missing person, and (

b) pay out of the capital or income of the money and other property, sums of money 7

(

i) that the missing person might otherwise have been liable to pay, and (ii) for the maintenance, education, benefit and advancement of (

A) a spouse of the missing person, (

B) a minor child of the missing person, (

C) an adult child of the missing person who by reason of a physical or mental disability is unable to earn a living, or (

D) with the consent of the Court of Queen’s Bench, any other person, or all of them.

(3) The Registrar of Land Titles, (

a) on production of an instrument effecting a disposition of real property under subsection (2), and (

b) on production of a copy or a certified copy of the order referred to in subsection (1)(b), shall deal with the instrument in the same manner as if the instrument were executed by the missing person.

(4) The Public Trustee may, without a further order of the Court of Queen’s Bench, transfer the money and other property of a missing person to the Provincial Treasurer in the circumstances described in

section 33(2)(

a) in accordance with the procedures described in

section 33(2)(

d) and (e).

(5) The Public Trustee may, by a further order of the Court of Queen’s Bench, (

a) if a person declared to be a missing person ceases to be missing, return the money and other property to the person, (

b) if it is determined that a person declared to be a missing person is deceased, transfer the money and other property to the personal representative of the person’s estate, or 8

(

c) transfer the money and other property to any other person that the Court may direct.

(4) Section 10 is repealed.

(5) Section 33(2 ) is repealed and the follow ing is substituted: (2 ) Money or other property that is in the hands of the Public Trustee and forms part of the estate of (

a) a person who is declared under

section 9 to be a missing person, if 2 years has elapsed from the date of the Court of Queen’s Bench order, (

b) a missing beneficiary of a deceased person’s estate, if 2 years has elapsed from the date of the distribution to a trust for the benefit of the missing beneficiary, or (

c) a person who has not been heard of by the Public Trustee, including but not limited to a missing person under

section 8, if 2 years has elapsed from the date of the completion of reasonable inquiries to locate that person, may (

d) in the case of money, be remitted to the Provincial Treasurer, and (

e) in the case of other property, be sold and converted into money and the proceeds remitted to the Provincial Treasurer.

(6) The O il and G as C onservation A ct is am ended in

section 77(

c) by striking out “pending an order of the Court of Queen’s Bench” and substituting “in accordance with

section 8 of the Public Trustee Act”. R ural U tilities A ct Amends SA 1985 cR-21 2 1(1) The R ural U tilities A ct is am ended by this section. (2 )

Section 13(5) is am ended by striking out “attending the meeting to the same extent as if the election had been by vote of all the members present at the meeting” and substituting “who voted for the directors to the same extent as if the election had been by vote of all the members eligible to vote”. 9

(3) The follow ing is added after

section 13: Alternative methods of voting 13.1 A vote in respect of any matter relating to an association, including but not limited to a matter before a general meeting, may be conducted by mail or electronic means in accordance with the by-laws of an association.

(4) Section 51 is am ended by striking out “Union of Rural Electrification Associations Co-operative” and substituting “Federation of REA’S”. Societies A ct Amends RSA 1980 cS-18 2 2

(1) The Societies A ct is am ended by this section. (2 ) The follow ing is added after

section 2 7: A m algam ation Amalgamation 2 7.1(1) Two or more societies may amalgamate and continue as one society. (2 ) Each society proposing to amalgamate shall enter into an amalgamation agreement setting out the terms and means of effecting the amalgamation and, in particular, setting out (

a) the name of the amalgamated society; (

b) the objects of the amalgamated society; (

c) the name and address of each proposed director of the amalgamated society; (

d) whether the by-laws of the amalgamated society are to be those of one of the amalgamating societies and, if not, a copy of the proposed by-laws of the amalgamated society; (

e) any other matters that may be necessary to effect the amalgamation and to provide for the subsequent management and working of the amalgamated society.

(3) The directors of each amalgamating society shall submit the amalgamation agreement to the members of the society for adoption by special resolution.

(4) After an amalgamation has been adopted under subsection (3), an application for amalgamation in prescribed 10

form must be filed with the Registrar together with the following: (

a) a copy of the special resolution of each amalgamating society adopting the amalgamation agreement, certified to be a true copy by the president and secretary of the society; (

b) the amalgamation agreement; (

c) if the name of the amalgamated society is not the same as that of one of the amalgamating societies, documents relating to the name of a society as prescribed by the regulations; (

d) any other information required by the Registrar.

(5) On receipt of the documents and the prescribed fee, the Registrar may issue a certificate of amalgamation in prescribed form.

(6) On the date shown in a certificate of amalgamation, (

a) the amalgamating societies are amalgamated and are continued as one society; (

b) the property of each amalgamating society continues to be the property of the amalgamated society; (

c) the amalgamated society continues to be liable for all debts and obligations of each amalgamating society; (

d) a civil, criminal or administrative action or proceeding pending by or against an amalgamating society may be continued to be prosecuted by or against the amalgamated society; (

e) a conviction against, or a ruling, order or judgment in favour of or against, an amalgamating society may be enforced by or against the amalgamated society; (

f) the certificate of amalgamation is deemed to be the certificate of incorporation of the amalgamated society.

(3) This

section com es into force on Proclam ation. 11

Victim s of C rim e A ct Amends SA 1996 cV-3.3 2 3(1) The Victim s of C rim e A ct is am ended by this section. (2 )

Section 3(2 )(

a) is am ended by striking out “dependants” and substituting “families”.

(3) Section 7 is am ended (

a) by adding the follow ing after subsection (1):

(1.1) The Minister may appoint not more than 3 persons as associate members of the Appeal Board. (1.2 ) If a member appointed under subsection (1) is unable to hear an appeal as a result of a reasonable apprehension of bias, the chair of the Appeal Board may select an associate member to be a member of the Appeal Board and to exercise the powers and perform the duties of the member who is unable to hear the appeal. (

b) by repealing subsection (2 ) and substituting the follow ing: (2 ) The Minister may designate one of the members of the Appeal Board to act as chair and another to act as vice-chair of the Appeal Board. (2 .1) In the absence or incapacity of the chair, the vice-chair of the Appeal Board may act and exercise all of the powers of its chair. (

c) by adding the follow ing after subsection (4):

(5) The Appeal Board and each member of the Appeal Board have all the powers of a commissioner under the Public Inquiries Act.

(4) Section 12 is am ended (

a) by repealing subsection (1) and substituting the follow ing: Eligibility for financial benefits 12

(1) Subject to subsection (4), the following persons may, in accordance with the regulations, apply to the Director for financial benefits if the injury to or death of a victim was the direct result of

an act or omission that occurred in Alberta and is one of the offences under the Criminal Code (Canada) specified in the regulations: (

a) in respect of the victim’s injury, the victim; 12

(

b) in respect of the victim's death, a dependant or, if the victim dies leaving no dependants, (

i) a spouse, cohabitant, parent, child, sister or brother of the victim who is not a dependant, or (ii) any other person who in the opinion of the Director is eligible for financial benefits. (

b) in subsection (4) by adding the following after clause (b): (

c) a spouse, cohabitant, parent, child, sister or brother of a person described in clause (

a) who is not a dependant unless, in the case of a parent, child, sister or brother, the parent, child, sister or brother is also a parent, child, sister or brother of another person who is a victim as a result of the same events.

(5) Section 13 is amended (

a) in subsection (2)(

a) by striking out "or dependant resulting from the victim's injury or death"; (

b) in subsection (3) by striking out "dependant" and substituting "other applicant". 13 Title: 1998 (24th, 2nd) Bill 43, Miscellaneous Statutes Amendment Act, 1998

Document details

Collection	Alberta — Bills
Citation	L24 S2 996
Type	bill
Volume / chapter	L24 S2 996
Language	en
Format	json
Source	PROVINCIAL
Identifier	21cc13bde2ae459dea49b4410013a3b1c0ffe000

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