Bill 40 — Second Session, 23Rd Legislature, 43 Elizabeth Ii the Legislative Assembly of Alberta Bill 40 Miscellaneous Statutes Amendment Act, 1994 (Legislature 23, Session 2)

L23 S2 2193

Alberta — Bills

1994 BILL 40 Second Session, 23rd Legislature, 43 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 40 MISCELLANEOUS STATUTES AMENDMENT ACT, 1994 THE MINISTER OF JUSTICE AND ATTORNEY GENERAL First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1994 (23rd, 2nd) Bill 40, Miscellaneous Statutes Amendment Act, 1994

Bill 40 BILL 40 1994 MISCELLANEOUS STATUTES AMENDMENT ACT, 1994 (Assented to , 1994) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Educational Communications Corporation Act 1 The Alberta Educational Communications Corporation Act is amended in

section 2(1) by striking out “section 27 of the Broadcasting Act (Canada)” and substituting “section 18 of the Broadcasting Act (Canada)”. Alberta Environmental Research Trust Act 2(1) The Alberta Environmental Research Trust Act is amended by this section.

(2) Section 5(1) is repealed and the following substituted: Board of trustees 5(1) There shall be a board of trustees for the Trust consisting of an employee of the Government designated by the Minister of Environmental Protection and 7 other persons appointed by the Lieutenant Governor in Council. The Alberta General Insurance Company Act 3(1) The Alberta General Insurance Company Act is repealed.

(2) The Public Service Employee Relations Act is amended in the

Schedule by repealing

section 1(d). (3) Subsections (1) and (2) come into force on Proclamation. 1

Explanatory Notes Alberta Educational Communications Corporation Act 1 Amends

chapter A-18 of the Revised Statutes of Alberta 1980. Corrects reference changed by the Revised Statutes of Canada, 1985. Alberta Environmental Research Trust Act 2(1) Amends

chapter A-20 of the Revised Statutes of Alberta 1980.

(2) Section 5(1) presently reads: 5(1) There shall be a board of trustees for the Trust consisting of the Deputy Minister of the Environment and 7 other persons appointed by the Lieutenant Governor in Council. The Alberta General Insurance Company Act 3(1) Repeals

chapter 9 of the Statutes of Alberta, 1948.

(2) Repeals a reference to The Alberta General Insurance Company.

(3) Coming into force. 1 Explanatory Notes

Alberta Income Tax Act 4 The Alberta Income Tax Act is amended in

section 10(14)(

c) by striking out “Unemployment Insurance Act, 1971 (Canada)” and substituting “Unemployment Insurance Act (Canada)”. Alberta School Boards Association Act 5(1) The Alberta School Boards Association Act is amended by this section.

(2) Section 7 is repealed and the following substituted: Exculsion of board from membership 7 A board described in

section 6(1) may exclude itself from membership in the association for the next following year by giving a notice in writing to the executive director of the association not less than 7 months before the beginning of the next following financial year. Cemeteries Act 6(1) The Cemeteries Act is amended by this section.

(2) Section 24 is repealed. The City of Medicine Hat Gas Purchase Act 7 The City of Medicine Hat Gas Purchase Act is repealed. Civil Service Garnishee Act 8(1) The Civil Service Garnishee Act is amended by this section.

(2) The following is added before

section 1: Definition 0.1 In this Act, “department” means a department as defined in the Financial Administration Act.

(3) Section 1 is amended by striking out “department of" and substituting “department”. 2

Alberta Income Tax Act 4 Amends

chapter A-31 of the Revised Statutes of Alberta 1980. Corrects reference changed by the Revised Statutes of Canada, 1985. Alberta School Boards Association Act 5(1) Amends

chapter A-37 of the Revised Statutes of Alberta 1980.

(2) Section 7 presently reads: 7 A board described in

section 6(1) may exclude itself from membership in the association for the next following year by giving a notice in writing to the secretary-treasurer of the association not less than 2 months before the beginning of the next following financial year. Cemeteries Act 6(1) Amends

chapter C-2 of the Revised Statutes of Alberta 1980.

(2) Section 24 presently reads: 24(1) No person shall construct a crematory in Alberta unless the plans and site for it have been approved in writing by the Minister.

(2) The Minister may approve the plans and site for a crematory if he is satisfied that the plans provide for the installation of the proper equipment for the disposal of human bodies by cremation and are satisfactory in every respect. The City of Medicine Hat Gas Purchase Act 7 Repeals

chapter 49 of the Statutes of Alberta, 1959. Civil Service Garnishee Act 8(1) Amends

chapter C-11 of the Revised Statutes of Alberta 1980.

(2) Definition.

(3) Section 1 presently reads: 2 Explanatory Notes

(4) Section 3(1) is amended by striking out “Provincial Treasurer” and substituting “Minister who administers the department”.

(5) Section 4(2) is amended by striking out “the Provincial Treasurer” and substituting “a Minister”.

(6) Section 5 is amended (

a) in clause (

b) by striking out “the Provincial Treasurer” and substituting “a Minister”; (

b) in clause (

c) by striking out “Provincial Treasurer” and substituting “Lieutenant Governor in Council”.

(7) This

section comes into force on April 1, 1995. Coal Mines Safety Act 9(1) The Coal Mines Safety Act is amended by this section.

(2) Section 1 is amended (

a) by repealing clause (b.1); (

b) by adding the following after clause (d): 3

1 A person who obtains a judgment or order for the payment or recovery of money against a person employed in a department of or by a board or commission of the public service of Alberta may, for the purpose of enforcing the judgment or order, attach the wages or salary due or accruing due to the employee.

(4) Section 3 presently reads: 3(1) When the judgment debtor is employed in a department or paid from a departmental vote the garnishee summons shall be served on the Provincial Treasurer.

(2) When the judgment debtor is employed and paid by a board or commission the garnishee summons shall be served on the board or commission.

(5) Section 4(2) presently reads:

(2) Notwithstanding subsection (1), the Provincial Treasurer, a board or a commission is not compelled to pay wages or salary otherwise than in accordance with any Act or regulations or rules relating to the payment of any class of employees in the public service.

(6) Section 5 presently reads: 5 The wages or salary of an employee are exempt from attachment under this Act to the extent of (

a) that portion of the wages or salary determined as being exempt from attachment under the provisions respecting garnishment contained in the Alberta Rules of Court, (

b) any amounts required to be deducted by the Provincial Treasurer or the board or commission, by or under

an Act of the Parliament of Canada or of Alberta, and (

c) the amounts of any deductions made at the direction of the employee or as a consequence of an assignment made by the employee, if the deduction is included in a class of deductions designated by an order of the Provincial Treasurer as exempt deductions for the purpose of this section.

(7) Coming into force. Coal Mines Safety Act 9(1) Amends

chapter C-15 of the Revised Statutes of Alberta 1980.

(2) Section 1(b.1) presently reads: 1 In this Act, (b.1) “Board" means the Energy Resources Conservation Board; 3 Explanatory Notes

(d.01) “Director of Mines” means the Director of Mines appointed by the Minister; (

c) by adding the following after clause (j): (j.01) “Minister” means the Minister of Labour;

(3) Section 4(1)(

c) is repealed and the following is substituted: (

c) a declaration, order or direction of the Minister pursuant to this Act, or

(4) Section 8 is amended (

a) in subsection (1) by striking out “A member of the Board or a person authorized by the Board” and substituting “The Director of Mines or a person authorized by the Director”; (

b) in subsections (2) and (3) by striking out “a Board member or a person authorized by the Board” and substituting “the Director of Mines or a person authorized by the Director”.

(5) In the following provisions “Board” is struck out wherever it occurs and “Minister” is substituted: sections 1(l), 5(1),(2), 6 and 7(1)(w)(ii).

(6) In the following provisions “Board” is struck out wherever it occurs and “Director of Mines” is substituted: sections 1(t)(ii), 7(2),(3), 11(b), 17, 19(2), 26(2), 28(2), 29(1), (2), 30, 37(3), 43, 46 and 57.

(7) Section 9 is amended (

a) in subsections (1) and (2) by striking out “Board” wherever it occurs and substituting “Director of Mines”; 4

(3) Section 4(1) presently reads: 4(1) A provision of (

a) this Act, (

b) a regulation made pursuant to this Act, (

c) a declaration, order or direction of the Board pursuant to this Act or in any matter over which the Board has jurisdiction, or (

d) an order of the Lieutenant Governor in Council under this Act, overrides the terms and conditions of any contract or other arrangement which conflicts with the provisions of this Act or the regulations or of the declaration, order or direction.

(4) References changed.

(5) References changed.

(6) References changed.

(7) References changed. 4 Explanatory Notes

(

b) in subsection (3) by striking out “Board or a person authorized by the Board has exercised any of the powers granted by subsection (1), the Board on its” and substituting “Director of Mines or a person authorized by the Director has exercised any of the powers granted by subsection (1), the Minister on the Minister’s”; (

c) in subsection (4) (

i) by striking out “Board” and substituting “Minister”; (ii) in clause (

c) by striking out “it” and substituting “the Minister”.

(8) Section 10 is amended (

a) in subsection (1) (

i) by striking out “Board” and substituting “Minister”; (ii) by striking out “it must” and substituting “the Minister shall”; (

b) in subsections (3) and (4) by striking out “Board” and substituting “Minister”.

(9) Section 12 is amended (

a) in subsection (1) by striking out “Board” and substituting “Director of Mines”; (

b) by repealing subsections (2) and (3) and substituting the following:

(2) Notwithstanding any recommendation of the Panel, the Director of Mines may refuse to issue a certificate to a person who, in the opinion of the Director, is not fit to hold the office or perform the duties that the certificate would entitle the person to hold or perform, and the person may appeal the refusal to the Minister or a committee appointed by the Minister.

(3) A decision of the Minister, or of a committee appointed by the Minister, after hearing the appeal under subsection (2) is final. (

c) in subsection (4) by striking out “Board” and substituting “Director of Mines”.

(10) Section 14 is amended 5

(8) References changed.

(9) Section 12 presently reads: 12(1) Subject to subsection (2), on receiving the recommendations of the Panel the Board may issue certificates in accordance with the recommendations.

(2) Notwithstanding any recommendation of the Panel, the Board may refuse to issue a certificate to a person who, in its opinion, is not fit to hold the office or perform the duties which the certificate would entitle him to hold or perform, but must in that case afford the person to whom it has refused certification a hearing at which he can appeal the Board’s refusal.

(3) A decision of the Board after a hearing under subsection (2) is final.

(4) The Board shall keep a complete and up to date register of the persons to whom certificates have been granted.

(10) Section 14 presently reads: 5 Explanatory Notes

(

a) in subsection (1) by repealing clauses (

a) and (

b) and substituting the following: (

a) a representative of the Director of Mines, who shall be the chairman of the committee, and (b) 2 members appointed by the Director of Mines. (

b) in subsection (2) by striking out “the district Board representative” and substituting “a representative of the Director of Mines”; (

c) by repealing subsection (3) and substituting the following:

(3) A decision by the regional committee respecting the granting of a miner’s certificate, or by a representative of the Director of Mines respecting the granting of a miner’s permit, may be appealed to a committee appointed by the Minister, and the decision of the committee is final.

(11) Section 16(2) is amended (

a) by striking out “the Board in” and substituting “the Director of Mines in”; (

b) by striking out “and send a copy of the notification to the Board district office for the area in which the mine site is situated”.

(12) Section 20 is amended (

a) in subsection (1) by striking out “Board’s direction” and substituting “direction of the Director of Mines”; (

b) in subsection (2) by striking out “Board” and substituting “Director of Mines”.

(13) Section 25 is amended (

a) in subsection (1) by striking out “Board’s” and substituting “Director of Mines’ ”; (

b) in subsection (2) (

i) by striking out “Board” and substituting “Director of Mines”; (ii) by striking out “Board’s district office” and substituting “Director of Mines”. 6

14(1) In conformity with the regulations, miners’ certificates shall be issued by a regional committee composed of (

a) the district Board representative, who shall be the chairman of the committee, and (b) 2 members appointed by the Board.

(2) In conformity with the regulations, miners’ permits shall be issued by the district Board representative.

(3) A decision by the regional committee respecting the granting of a miner’s certificate, or by the district Board representative respecting the granting of a miner’s permit, may be appealed to the Board, whose disposition of the matter is final.

(11) References changed.

(12) References changed.

(13) References changed. 6 Explanatory Notes

(14) Section 32 is amended by striking out “Board may, if it” and substituting “Director of Mines may, if the Director”.

(15) Section 33(3)(

b) is amended by striking out “Board’s district office” and substituting “Director of Mines”.

(16) Section 34 is amended (

a) in subsection (1)(

a) by striking out “Board” and substituting “Director of Mines”; (

b) in subsection (3) (

i) by striking out “A Board member” and substituting “The Minister”; (ii) by striking out “Board may” and substituting “Minister may”. (17) Sections 18(3), 19(1), 21(1), (2) and 38(2) are amended by striking out “Board’s” and substituting “Director of Mines’ ”.

(18) Section 40 is amended by striking out “the district Board representative, the Board representative shall immediately refer the matter to the Board which” and substituting “a representative of the Director of Mines, the representative shall immediately refer the matter to the Director of Mines, who”.

(19) Section 41 is amended (

a) by striking out “the Board” wherever it occurs and substituting “the Director of Mines”; (

b) by striking out “the district Board representative” and substituting “a representative of the Director of Mines”

(20) Section 44 is amended (

a) by repealing subsection (1) and substituting the following: Service 44(1) Any notice or document that this Act or the regulations requires to be served on or sent to the Minister or the Director of Mines may be delivered personally or sent by mail. (

b) in subsection (2) by striking out “Board or a district Board office” and substituting “Minister or Director of Mines”. 7

(14) Reference changed.

(15) Reference changed.

(16) References changed.

(17) References changed.

(18) Reference changed.

(19) Reference changed.

(20) Section 44 presently reads: 44(1) Any notice or document which this Act or the regulations requires to be served on or sent to the Board or to a district Board office may be (

a) delivered personally, or (

b) sent by prepaid registered letter addressed (

i) if to the Board, to its office in Calgary, or (ii) if to a district Board office, to its address. 7 Explanatory Notes

(21) Section 45(1)(

b) is amended by striking out “district Board representative for the district in which the mine site lies” and substituting “Director of Mines or a representative of the Director”.

(22) Section 47 is amended (

a) in subsection (1) by striking out “Board” and substituting “Director of Mines”; (

b) in subsection (2) (

i) by striking out “a Board member or an agent of the Board” and substituting “the Director of Mines”; (ii) by striking out “person so signing” and substituting “Director of Mines”.

(23) Section 48 is amended (

a) in subsections (1)(

a) and (4) by striking out “Board or the district Board office” and substituting “Director of Mines”; (

b) in subsections (1)(b), (2) and (3) by striking out “Board and the district Board office” and substituting “Director of Mines”.

(24) Section 52(1) is amended (

a) by striking out “The Board” and substituting “The Minister”; (

b) in clause (

a) by striking out “it may” and substituting “the Minister may”. Conflicts of Interest Act 10(1) The Conflicts of Interest Act is amended by this section.

(2) Section 8(1)(

d) is amended by striking out “Alberta Agricultural Development Corporation” and substituting “Agriculture Financial Services Corporation”. 8

(2) Any notice or document which this Act or the regulations requires to be sent by the Board or a district Board office may be (

a) served personally on the person to whom it is to be sent. or (

b) sent by prepaid registered letter to that person at his last known address.

(21) References changed.

(22) References changed.

(23) References changed.

(24) References changed. Conflicts of Interest Act 10(1) Amends

chapter C-22.1 of the Statutes of Alberta, 1991.

(2) Section 8(l)(

d) presently reads: 8(1) A Member breaches this Act if, while being a Member, the Member or a person directly associated with the Member becomes a party to a contract within any of the following classes: (

d) a contract under which the Alberta Agricultural Development Corporation lends money to, or guarantees 8 Explanatory Notes

(3) Part 3 of the

Schedule is amended (

a) by striking out “Alberta Agricultural Development Corporation” and substituting “Agriculture Financial Services Corporation”; (

b) by striking out “Alberta Apprenticeship and Trade Certification Board under the Manpower Development Act” and substituting “Alberta Apprenticeship and Industry Training Board under the Apprenticeship and Industry Training Act”. Consumer Credit Transactions Act 11(1) The Consumer Credit Transactions Act is amended by this section. 9

a debt of, the Member or the person directly associated with the Member;

(3) The Manpower Development Act was replaced by the Apprenticeship and Industry Training Act.

Part 3 of the

Schedule presently reads in part:

Part 3 Other Disqualifying Offices The office of chairman or member of any of the following: Agricultural Relief Adjustment Board under the Agricultural Relief Advances Act Alberta Agricultural Development Corporation Alberta Agricultural Products Marketing Council Alberta Apprenticeship and Trade Certification Board under the Manpower Development Act Alberta Assessment Appeal Board Alberta Assessment Equalization Board Alberta Automobile Insurance Board Alberta Building Standards Council Alberta Cancer Board Alberta Dairy Control Board Alberta Educational Communications Corporation Alberta Electric Energy Marketing Agency Alberta Sport Council Alberta Gaming Commission appointed under

section 207 of the Criminal Code (Canada) The Alberta Government Telephones Commission Alberta Human Rights Commission The Alberta Liquor Control Board Alberta Mortgage and Housing Corporation Alberta Motion Picture Development Corporation Alberta Motor Transport Board Alberta Municipal Financing Corporation Alberta Order of Excellence Council Alberta Petroleum Marketing Commission Alberta Planning Board Alberta Racing Commission Appeal board under

section 537 of the Insurance Act Appeal board under the Farm Implement Act Appeal board under the Freehold Mineral Rights Tax Act Appeal board under the Mortgage Brokers Regulation Act Appeal board under the Real Estate Agents’ Licensing Act Appeal panel under the Dependent Adults Act Board of the Alberta Securities Commission Consumer Credit Transactions Act 11(1) Amends

chapter C-22.5 of the Statutes of Alberta, 1985. 9 Explanatory Notes

(2) Section 1(m), (

o) and (

w) are repealed.

(3) Section 4 is amended by striking out “Part 6”.

(4) Section 5 is amended by repealing clause (b). 10

(2) Section 1 presently reads in part: 1 In this Act, (m) “discounter" means a person who acquires from a taxpayer a right to receive the taxpayer’s income tax refund; (o) “income tax refund" means the amount payable to a person in respect of (

i) an overpayment of tax paid under the Income Tax Act (Canada) or collected pursuant to an agreement entered into under

section 7 of the Federal-Provincial Fiscal Arrangements and Established Programs Financing Act, 1977 (Canada), (ii) an agreement referred to in subclause (

i) that is other than a refund of an overpayment of tax paid or collected, (iii) an overpayment of unemployment insurance premiums paid under the Unemployment Insurance Act, 1971 (Canada), or (iv) an overpayment of contributions paid under the Canada Pension Plan (Canada), including any interest payable on that overpayment or payment; (w) “taxpayer" means a person who has the right to receive an income tax refund;

(3) Section 4 presently reads: 4 The following provisions of this Act do not apply to a mortgage of real property or the indebtedness secured by a mortgage of real property:

section 10;

section 11; sections 14 to 17;

Part 3 except sections 24(2) and (3) and 26;

Part 4;

Part 5;

Part 6.

(4) Section 5(

b) presently reads: 5 Notwithstanding

section 14 of the

Interpretation Act, this Act applies, subject to

section 2, to the following: 10 Explanatory Notes

(5) Part 6 is repealed.

(6) Section 42(3) is repealed.

(7) Section 43(1) is amended by striking out “or discounter”.

(8) Section 44 is amended (

a) in subsection (1) by striking out “or a discounter”; (

b) in subsection (3) by striking out “or discounter” wherever it occurs. 11

(

b) to a loan made by the Alberta Agricultural Development Corporation;

(5) Part 6 deals with discounting income tax refunds.

(6) Section 42(3) presently reads:

(3) A discounter shall keep and maintain a complete record of each acquisition from a taxpayer of the taxpayer's right to receive an income tax refund for a period of 2 years from the date of the acquisition.

(7) Section 43(1) presently reads: 43(1) The Director may, by notice in writing, require any credit grantor or discounter to submit to him, within the time required in the notice, one or both of the following: (

a) a written return showing in detail any information required by the notice, if the information relates to or is incidental to any transaction to which this Act applies; (

b) a return containing or pertaining to any records that relate to or are incidental to any transaction to which this Act applies.

(8) Section 44(1) and (3) presently read: 44(1) In order to determine whether this Act and the regulations are being complied with, the Director may inquire into the business affairs of any person that he has reason to believe is engaged in the business of a credit grantor or a discounter.

(3) For the purpose of carrying out an inquiry under this section, the Director may apply to the Court of Queen's Bench for an order (

a) authorizing the Director or a person designated by him or named in the order (

i) to enter any premises where a person (

A) is engaged in the business of a credit grantor or discounter, or (

B) keeps records that relate to a transaction to which this Act applies; (ii) to examine records that relate to a transaction to which this Act applies; (iii) to seize and remove records that relate to a transaction to which this Act applies for the purpose of further examining and making copies of the records; (

b) requiring a person engaged in the business of a credit grantor or discounter or a person employed by him or 11 Explanatory Notes

(9) Section 48(h), (i), (

j) and (

l) are repealed. Co-operative Associations Act 12(1) The Co-operative Associations Act is amended by this section.

(2) Section 65(

e) is repealed. Corrections Act 13 The Corrections Act is amended (

a) in

section 4(

d) by striking out “Parole Act (Canada)” and substituting “Corrections and Conditional Release Act (Canada)”; 12

otherwise performing services for him in respect of that business (

i) to provide information to the Director or a person designated by him or named in the order in respect of a transaction to which this Act applies; (ii) to give all reasonable assistance to the Director or a person designated by him or named in the order in carrying out his inquiry.

(9) Section 48 presently reads in part: 48 The Lieutenant Governor in Council may make regulations (

h) prescribing the requirements to be complied with by an applicant for a certificate of registration as a discounter; (

i) prescribing the fees payable by an applicant for a certificate of registration as a discounter; (

j) governing the imposition of any terms or conditions in respect of a certificate of registration issued to a discounter; (

l) prescribing the manner in which the amount of a discount shall be expressed; Co-operative Associations Act 12(1) Amends

chapter C-24 of the Revised Statutes of Alberta 1980.

(2) Section 65(

e) presently reads: 65 The Director shall (

e) prepare and deliver to the Minister as soon as possible after the close of the fiscal year, a report covering that year and relating to the following matters: (

i) inquiries made by the Director with respect to associations and the results thereof, (ii) the total number of associations operating in Alberta and the financial standing of each association, and (iii) general statistics relating to the activities of associations. Corrections Act 13 Amends

chapter C-26 of the Revised Statutes of Alberta 1980. Corrects a reference changed by the Revised Statutes of Canada, 1985. 12 Explanatory Notes

(

b) in

section 24 by striking out “section 7 of the Parole Act (Canada)” and substituting “section 108 of the Corrections and Conditional Release Act (Canada)”. Crop Liens Priorities Act 14(1) The Crop Liens Priorities Act is amended by this section.

(2) Section 1(

c) is amended by striking out “Alberta Hail and Crop Insurance Corporation” and substituting “Agriculture Financial Services Corporation” and by striking out “Hail and Crop Insurance Act” and substituting “Agriculture Financial Services Act”. Election Act 15 The Election Act is amended by adding the following after

section 14: 1995 enumeration 14.01 Notwithstanding

section 14(a), an enumeration is not required to be conducted for the 1995 calendar year. Election Finances and Contributions Disclosure Act 16(1) The Election Finances and Contributions Disclosure Act is amended by this section.

(2) Section 29 is amended (

a) in subsection (1)(b) (

i) by striking out “Canada Elections Act a registered” and substituting “Canada Elections Act (Canada) a registered”; (ii) by striking out “Election Expenses Act (Canada)” and substituting “Canada Elections Act (Canada)”; (

b) in subsection (2) by adding “(Canada)” after “Canada Elections Act”.

(3) Sections 30 and 30.1 are amended by striking out “Election Expenses Act (Canada)" and substituting “Canada Elections Act (Canada)”. 13

Crop Liens Priorities Act 14(1) Amends

chapter C-34 of the Revised Statutes of Alberta 1980.

(2) Section 1(

c) presently reads: 1 Notwithstanding anything in any Act or in the common law, the following liens and charges on crops have, in the order hereinafter set out, priority over all other claims, liens, privileges or encumbrances on those crops: (

c) liens and charges for the amount payable to the Alberta Hail and Crop Insurance Corporation in respect of any application for insurance under the Hail and Crop Insurance Act; Election Act 15 Amends

chapter E-2 of the Revised Statutes of Alberta 1980. Election Finances and Contributions Disclosure Act 16(1) Amends

chapter E-3 of the Revised Statutes of Alberta 1980.

(2) Corrects references.

(3) Corrects references. 13 Explanatory Notes

Expropriation Act 17(1) The Expropriation Act is amended by this section.

(2) Section 15 is amended (

a) in subsection (1) by striking out “Attorney General” and substituting “Minister of Justice and Attorney General”; (

b) in subsections (2), (3) and (4) by striking out “Attorney General” wherever it occurs and substituting “Deputy Minister of Justice and Deputy Attorney General or his designate”; (

c) by repealing subsection (10) and substituting the following:

(10) The expropriating authority shall pay the reasonable costs in connection with the inquiry (

a) of the inquiry officer, and (

b) of the owner unless the inquiry officer determines that special circumstances exist to justify the reduction or denial of costs.

(3) Section 23 is amended in subsections (1), (2) and (3) by striking out “Attorney General” and substituting “Deputy Minister of Justice and Deputy Attorney General or his designate”. 14

Expropriation Act 17(1) Amends

chapter E-16 of the Revised Statutes of Alberta 1980.

(2) Section 15(1), (2), (3), (4) and (10) presently read: 15(1) When the approving authority receives an objection it shall forthwith notify the Attorney General.

(2) Within 5 days after receiving notice that the approving authority has received an objection, the Attorney General shall appoint an inquiry officer, who is not an officer or employee of the Crown or of any agency of the Crown, to conduct an inquiry in respect of the intended expropriation.

(3) The Attorney General may appoint a chief inquiry officer who shall exercise the power of the Attorney General under subsection (2) and who has general supervision and direction over inquiry officers.

(4) When the expropriating authority is other than the Crown or a municipality, the Attorney General shall appoint the Board to carry out the functions of an inquiry officer under this Act.

(10) The reasonable costs of the owner in connection with the inquiry shall be paid by the expropriating authority unless the inquiry officer determines that special circumstances exist to justify the reduction or denial of costs.

(3) Section 23(1), (2) and (3) presently read: 23(1) The Attorney General may, prior to the expiration of the 120-day period referred to in

section 20, (

a) extend the time for appointing the inquiry officer by an additional 5 days; (

b) extend the time for the inquiry officer to report by an additional 30 days; (

c) extend the time for the approving authority to make its decision by an additional 30 days.

(2) When the Attorney General has, pursuant to subsection (1), extended the time for the approving authority to make its decision and at the end of the extended period the approving authority has not made a decision, the application for a certificate of approval shall be deemed to have been refused.

(3) When any extension is granted under subsection (1), the Attorney General shall execute an extension order extending the time for registration of the certificate of approval for an equivalent number of days. 14 Explanatory Notes

Fatality Inquiries Act 18 The Fatality Inquiries Act is amended by repealing

section 15(2) and substituting the following:

(2) After being notified under subsection (1) a medical examiner or an investigator authorized by the medical examiner may, if the medical examiner believes it is necessary to do so, make such investigation as may be necessary to establish or confirm the cause of death or to establish the identity of the deceased person. Forest Development Research Trust Fund Act 19(1) The Forest Development Research Trust Fund Act is amended by this section.

(2) Section 3(4)(

c) is repealed and the following is substituted: (

c) an employee of the public service under the administration of the Minister designated by the Minister, Fur Farms Act 20(1) The Fur Farms Act is amended by this section.

(2) Section 5(1) is amended by striking out “prescribed”.

(3) The following is added after

section 15: Licence fees 15.1 The Minister may by order establish the fees to be paid for licences.

(4) Section 16(

a) is repealed. 15

Fatality Inquiries Act 18 Amends

chapter F-6 of the Revised Statutes of Alberta

Section 15 presently reads: 15(1) When a body is brought into Alberta for ultimate disposal, a funeral director, undertaker, embalmer, mortuary attendant or other person who intends to dispose of the body shall, before disposing of the body, notify a medical examiner.

(2) After being notified under subsection (1), the medical examiner or an investigator authorized by the medical examiner shall (

a) inspect the medical certificate of death or other documents that accompany the body, (

b) make such investigation as may be necessary to establish or confirm the cause of death, and (

c) countersign the burial permit before disposal of the body. Forest Development Research Trust Fund Act 19(1) Amends

chapter F-13 of the Revised Statutes of Alberta 1980.

(2) Section 3(4)(

c) presently reads:

(4) Other members of the Council shall include: (

c) the Assistant Deputy Minister, Alberta Forest Service, Fur Farms Act 20(1) Amends

chapter F-23 of the Revised Statutes of Alberta 1980.

(2) Section 5(1) presently reads: 5(1) On compliance with this Act and the regulations and on payment of the prescribed licence fee, the Supervisor shall issue a licence to the applicant.

(3) Licence fees.

(4) Section 16(

a) presently reads: 16 The Lieutenant Governor in Council may make regulations (

a) prescribing the fees to be paid for licences; 15 Explanatory Notes

Income Support Recovery Act 21 The Income Support Recovery Act is amended in

section 4(1) by adding “or any employee of an Indian or Metis organization” after “the Department”. Insurance Act 22(1) The Insurance Act is amended by this section.

(2) Section 94(7) is amended by striking out “1970, c. N-10” and substituting “1985, c. N-11”.

(3) Section 396(1) is amended by striking out “Alberta Hail and Crop Insurance Corporation” and substituting “Agriculture Financial Services Corporation”. Labour Relations Code 23(1) The Labour Relations Code is amended by this section.

(2) Section 168(1) is amended by striking out “section 162” and substituting “section 162(1)(a)”. Land Agents Licensing Act 24 The Land Agents Licensing Act is amended in

section 1 (

a) by adding “and” at the end of clause (b)(i), by striking out “and” at the end of clause (b)(ii), and by repealing clause (b)(iii); (

b) in clause (c)(ii) by adding “, which includes accepting compensation for travel and other incidental expenses,” after “for a fee”. 16

Income Support Recovery Act 21 Amends

chapter I-1.7 of the Revised Statutes of Alberta 1980. Delegation power.

Section 4(1) presently reads: 4(1) The Director may, in writing, authorize any employee of the Department to exercise any powers, duties and functions conferred on the Director by this Act as specified in the authorization. Insurance Act 22(1) Amends

chapter I-5 of the Revised Statutes of Alberta 1980.

(2) Section 94(7) presently reads:

(7) Notwithstanding the foregoing provisions of this section, a company may lend its funds, or any portion thereof, on the security of real estate pursuant to the National Housing Act, R.S.C. 1952, c.188, or the National Housing Act, R.S.C. 1970, c. N-10.

(3) Section 396(1) presently reads: 396(1) This Part applies to hail insurance and to every insurer carrying on the business of hail insurance in Alberta except the Alberta Hail and Crop Insurance Corporation. Labour Relations Code 23(1) Amends

chapter L-1.2 of the Statutes of Alberta, 1988.

(2) Section 168(1) presently reads: 168(1) No application for registration shall be made without the Board’s consent until at least 60 days after the applicant has complied with

section 162. Land Agents Licensing Act 24 Amends

chapter L-2 of the Revised Statutes of Alberta

Section 1(

b) and (

c) presently read: 1 In this Act, (b) “interest in land’’ means an estate or interest in land that (

i) is acquired for the purpose of a right of way or other surface use, (ii) is of a kind that may be acquired (

A) by a right of entry order under the Surface Rights Act, 16 Explanatory Notes

Land Surveyors Act 25 The Land Surveyors Act is amended by adding the following after

section 13: Conduct of preliminary investigation 13.1(1) The Board may, prior to an inquiry or review under

section 13(1), appoint a person to conduct a preliminary investigation.

(2) After a preliminary investigation under this section, the person conducting the preliminary investigation (

a) shall make a written report to the Board on the investigation, and (

b) may make recommendations to the Board regarding the matter investigated, with reasons for the recommendations.

(3) If a practitioner does not co-operate with the person conducting the preliminary investigation, the Board may make a complaint in writing to the Discipline Committee and the failure or refusal to co-operate may be held by the Discipline Committee to be unprofessional conduct. 17

(A.1) by a right of entry order under

Part 4 of the Metis Settlements Act, (A.2) under

section 6 of the Metis Settlements Land Protection Act, (

B) by an expropriation as defined in the Expropriation Act, or (

C) pursuant to any other Act of Alberta that provides for the expropriation of land, and (iii) is acquired by agreement with the owner of it; (c) “land agent” means (

i) a person who (

A) on behalf of his employer, (

B) as an agent on behalf of another person, or (

C) on his own behalf, negotiates for or acquires an interest in land, or (ii) a person who for a fee gives or offers advice to an owner or his agent with respect to a negotiation for or acquisition of an interest in land; Land Surveyors Act 25 Amends

chapter L-4.1 of the Statutes of Alberta, 1981. 17 Explanatory Notes

Land Titles Act 26(1) The Land Titles Act is amended by this section.

(2) Section 195 is repealed and the following substituted: Protection of person accepting transfer, etc. 195(1) In this section, (a) “interest” includes any estate or interest in land; (b) “owner” means (

i) the owner of an interest in whose name a certificate of title has been granted, (ii) the owner of any other registered interest in whose name the interest is registered, or (iii) the caveator or transferee of a caveat in whose name the caveat is registered.

(2) A person contracting or dealing with or taking or proposing to take a transfer, mortgage, encumbrance, lease or other interest from an owner is not, except in the case of fraud by that person, (

a) bound or concerned, for the purpose of obtaining priority over a trust or other interest that is not registered by instrument or caveat, to inquire into or ascertain the circumstances in or the consideration for which the owner or any previous owner of the interest acquired the interest or to see to the application of the purchase money or any part of the money, or (

b) affected by any notice, direct, implied or constructive, of any trust or other interest in the land that is not registered by instrument or caveat, any rule of law or equity to the contrary notwithstanding.

(3) The knowledge of the person that any trust or interest that is not registered by instrument or caveat is in existence shall not of itself be imputed as fraud.

(4) This

section is deemed to have been in force since the commencement of The Land Titles Act, being

chapter 24 of the Statutes of Alberta, 1906, in place of

section 135 of that Act and similar sections in successor Acts. 18

Land Titles Act 26(1) Amends

chapter L-5 of the Revised Statutes of Alberta 1980.

(2) Section 195 presently reads: 195 Except in the case of fraud, no person contracting or dealing with or taking or proposing to take a transfer, mortgage, encumbrance or lease from the owner of any land in whose name a certificate of title has been granted shall be bound or concerned to inquire into or ascertain the circumstances in or the consideration for which the owner or any previous owner of the land is or was registered or to see to the application of the purchase money or of any part thereof, nor is he affected by notice direct, implied or constructive, of any trust or unregistered interest in the land, any rule of law or equity to the contrary notwithstanding, and the knowledge that any trust or unregistered interest is in existence shall not of itself be imputed as fraud. 18 Explanatory Notes

Law of Property Act 27(1) The Law of Property Act is amended by this section.

(2) Section 35(2)(

b) is amended by striking out “1970 c.N-10” and substituting “1985, c. N-11”.

(3) Section 43(2) is amended by striking out “1970, c.N-10” and substituting “1985, c. N-11”.

(4) Section 43.1(4) is amended by striking out “1970, c.N-10” and substituting “1985, c. N-11”.

(5) Section 59.2 as enacted by the Landlord and Tenant Amendment Act, 1991 is renumbered as

section 59.21. Legal Profession Act 28 The Legal Profession Act (SA 1990 cL-9.1) is amended by repealing

section 32(c). 19

Law of Property Act 27(1) Amends

chapter L-8 of the Revised Statutes of Alberta 1980.

(2) Section 35(2) presently reads:

(2) Nothing in this

section applies to (

a) a mortgage on land in favour of The Canadian Farm Loan Board or the Farm Credit Corporation or an agreement for the sale of land entered into by The Canadian Farm Loan Board or the Farm Credit Corporation, (

b) a mortgage to secure a loan under the National Housing Act, R.S.C. 1952, c.188 or the National Housing Act, R.S.C 1970 c.N-10, or (

c) a mortgage given to secure loans for the purpose of building a house or houses when the form of the mortgage, including its terms and conditions, has been approved by the Lieutenant Governor in Council.

(3) Section 43(2) presently reads:

(2) Sections 41 and 42 and subsections (1.1) and (3) of this

section do not apply to a mortgage given to secure a loan under the National Housing Act, R.S.C. 1952, c.188 or the National Housing Act, R.S.C. 1970, c.N-10.

(4) Section 43.1(4) presently reads:

(4) This

section does not apply in respect of a mortgage given to secure a loan under the National Housing Act, R.S.C. 1952, c.188, or the National Housing Act, R.S.C. 1970, c.N-10.

(5) The

section 59.2 being renumbered presently reads: 59.2(1) Subject to the Land Titles Act and this Act, a person who acquires the reversionary interest of the landlord or the leasehold interest of the tenant has all the rights and is subject to all the obligations based on the real covenants relating to the tenancy, during the time that the person holds the interest.

(2) The Grantees of Reversion Act, 32 Hen. 8, c.34, does not apply to the rights of a landlord or of a tenant. Legal Profession Act 28 Amends

chapter L-9.1 of the Statutes of Alberta,

Section 32(

c) presently reads: 32 A person ceases to be a member of the Society on becoming 19 Explanatory Notes

Local Authorities Election Act 29(1) The Local Authorities Election Act is amended by this section.

(2) Section 22(2)(

k) is amended by striking out “Agricultural Development Act” and substituting “Agriculture Financial Services Act”.

An Act Respecting the Village of Lomond 30

An Act Respecting the Village of Lomond is repealed. Mental Health Act 31 The Mental Health Act is amended in

section 34 (

a) in subsection (1)(

a) and (

b) by adding “and prescribe the term of office of" after “appoint”; (

b) by repealing subsection (5). Motor Transport Act 32 The Motor Transport Act (RSA 1980 cM-20) is amended in

section 6(3) by striking out “National Transportation Act (Canada)” and substituting “National Transportation Act, 1987 (Canada)”. Motor Vehicle Administration Act 33(1) The Motor Vehicle Administration Act is amended by this section. 20

(

c) a Master in Chambers of the Court of Queen's Bench, Local Authorities Election Act 29(1) Amends

chapter L-27.5 of the Statutes of Alberta, 1983.

(2) Section 22(2)(

k) presently reads: (2) Subsection (1) does not apply to a person by reason only (

k) that he is a vendor, purchaser, assignor or assignee of land bought or sold under the Agricultural Development Act;

An Act Respecting the Village of Lomond 30 Repeals

chapter 14 of the Statutes of Alberta, 1946. Mental Health Act 31 Amends

chapter M-13.1 of the Statutes of Alberta, 1988.

Section 34(1) and (5) presently read: 34(1) The Minister shall, in respect of each facility, (

a) appoint a chairman and a vice-chairman, who must be lawyers, and (

b) appoint a roster of eligible persons to act as the other members of review panels to hear applications under sections 27, 29, 33, 38 and 39.

(5) The persons appointed under this

section shall not be appointed for a term exceeding 5 years, except that a person may be reappointed when 2 years has elapsed since the termination of his most recent previous appointment. Motor Transport Act 32 Amends

chapter M-20 of the Revised Statutes of Alberta 1980. Corrects reference changed by the Revised Statutes of Canada, 1985. Motor Vehicle Administration Act 33(1) Amends

chapter M-22 of the Revised Statutes of Alberta 1980. 20 Explanatory Notes

(2) Section 93(4) is amended by striking out “within 30 days from the day” and substituting “within 15 days from the day”.

(3) Section 111(1) is amended by striking out “6 months” and substituting “one year”. (4) Subsection (2) comes into force on July 1, 1994 and applies to vehicles seized or immobilized on or after that date. (5) Subsection (3) applies to offences committed after subsection (3) comes into force. Northeast Alberta Regional Commission Act 34 The Northeast Alberta Regional Commission Act is repealed. Provincial Court Act 35(1) The Provincial Court Act is amended by this section.

(2) Section 32 is amended (

a) in subsection (1) by repealing clause (

b) and substituting the following: 21

(2) Section 93(4) presently reads:

(4) If a vehicle stored pursuant to this

section is not, within 30 days of its removal or, if it is seized or immobilized, within 30 days from the day that it is eligible to be released from the seizure or immobilization, claimed by the registered owner or someone on his behalf in return for full payment of the removal and storage costs actually paid, the vehicle may, with the approval in writing of the Administrator of the Motor Vehicle Accident Claims Act or his appointee, be disposed of as the Administrator or his appointee may direct, if written notice of the proposed disposal is given to the holders of security interests registered in respect of the vehicle at the Personal Property Registry under the Personal Property Security Act, and the proceeds of the disposal shall be expended in the following order: (

a) to pay the debt owing to the Crown under this section; (

b) to pay the balance owing on any encumbrances referred to in this section, to the rightful persons; (

c) to pay any remaining portion to the Registrar.

(3) Section 111(1) presently reads: 111(1) When a person is found guilty anywhere in Canada of an offence under subsection 249(1) or

section 252 of the Criminal Code (Canada), that person thereupon becomes disqualified from holding an operator’s licence for a period of 6 months from the date of the finding of guilt and any operator’s licence held by that person thereupon becomes suspended for the same period.

(4) Coming into force.

(5) Application of subsection (3). Northeast Alberta Regional Commission Act 34 Repeals

chapter N-8 of the Revised Statutes of Alberta 1980. Provincial Court Act 35(1) Amends

chapter P-20 of the Revised Statutes of Alberta 1980.

(2) Section 32 presently reads in part: 32(1) If 21 Explanatory Notes

(

b) the terms respecting custody of or access to the child are agreed to by the parties or there is a dispute respecting custody of or access to the child, (

b) by repealing subsection (3) and substituting the following:

(3) An applicant for an order under this

section must (

a) file an affidavit with the clerk that sets out the material facts, and (

b) give written notice to all interested parties to the application to appear before the Court at the hearing of the application. Public Health Act 36 The Public Health Act is amended by adding the following after

section 75(1):

(1.1) If a code, standard or body of rules relates to any matter on which regulations may be made under subsection (1) and the code, standard or body of rules has been published by an association or person and copies are available, the Lieutenant Governor in Council may, in addition to or instead of any regulation that may be made under subsection (1), by regulation declare the code, standard or body of rules to be in force either in whole or in part and with any specified variations. Quarries Regulation Act 37(1) The Quarries Regulation Act is amended by this section.

(2) Section 1 is amended (

a) by repealing clause (a); (

b) in clause (

b) by striking out “Board” and substituting “Minister”; (

c) by adding the following after clause (d): 22

(

a) the parents of a child are in fact living apart from one another, and (

b) there is a dispute as to the custody of or access to the child, the Court may, on an application, make an order as it sees fit regarding (

c) the custody of the child, and (

d) the right of access to the child, by either parent or any other person, having regard to the best interests of the child.

(3) An applicant for an order under this

section shall (

a) apply in person to a clerk, and (

b) file with the clerk a supporting affidavit setting out the material facts, and on being satisfied that there may be reasonable grounds for the making of an order, the clerk shall give written notice to all interested parties to the application to appear at the hearing of the application before the Court. Public Health Act 36 Amends

chapter P-27.1 of the Statutes of Alberta, 1984. Adoption of codes, standards and rules. Quarries Regulation Act 37(1) Amends

chapter Q-1 of the Revised Statutes of Alberta 1980.

(2) Definitions. 22 Explanatory Notes

(d.1) “Minister” means the Minister of Labour;

(3) Section 4(1) is amended by striking out “Board” and substituting “Minister”.

(4) Section 5(3) is amended by striking out “the forms prescribed by the Board” and substituting “a form satisfactory to the Minister”.

(5) Section 12 is amended (

a) in subsections (1) to (3) by striking out “Board” wherever it occurs and substituting “Minister”; (

b) in subsection (3) (

i) by striking out “shown to it” and substituting “shown to the Minister”; (ii) by striking out “it thinks” and substituting “the Minister thinks”. Radiation Protection Act 38(1) The Radiation Protection Act is amended by this section.

(2) Section 10 is amended by adding the following after subsection (3):

(3.1) A registration certificate has a term and a renewal date as provided for in the regulations.

(3) Section 18 is amended by adding the following after clause (h): (h.1) governing the term and renewal dates of registration certificates under

section 10; Reciprocal Enforcement of Maintenance Orders Act 39(1) The Reciprocal Enforcement of Maintenance Orders Act is amended by this section.

(2) Section 3 is amended by adding the following after subsection (1):

(1.1) Testimony in proceedings under subsection (1) may be by affidavit, oral or both.

(3) The following is added after

section 21: 23

(3) Reference changed.

(4) Reference changed.

(5) Reference changed. Radiation Protection Act 38(1) Amends

chapter R-2.1 of the Statutes of Alberta, 1985.

(2) Term of registration certificate.

(3) Regulation making power. Reciprocal Enforcement of Maintenance Orders Act 39(1) Amends

chapter R-7.1 of the Revised Statutes of Alberta 1980.

(2) Affidavit and oral evidence.

(3) Regulations. 23 Explanatory Notes

Regulations 21.1(1) The Lieutenant Governor in Council may, by regulation, make rules respecting (

a) proceedings under this Act, and (

b) the conduct and disposition of any proceedings under this Act without an oral hearing.

(2) The Minister of Justice and Attorney General may, by regulation, provide for forms to be used under this Act. Rural Electrification Long Term Financing Act 40(1) The Rural Electrification Long Term Financing Act is amended by this section.

(2) Section 3(1)(

b) is amended by striking out “prescribed” and substituting “as provided for”.

(3) Section 27(b.1) is amended by adding “or provide for the setting of" after “prescribe”. Rural Electrification Revolving Fund Act 41(1) The Rural Electrification Revolving Fund Act is amended by this section.

(2) Section 5(3)(

b) is amended by striking out “prescribed” and substituting “as provided for”. 24

Rural Electrification Long Term Financing Act 40(1) Amends

chapter R-17 of the Revised Statutes of Alberta 1980.

(2) Section 3(1)(

b) presently reads: 3(1) A loan under this Act shall bear interest, (

b) at the rate per year prescribed in the regulations (

i) if the loan was approved under

section 7(1) on or after July 1, 1991, or (ii) if the land respecting which there is a lien note covering the loan is sold on or after July 1, 1991.

(3) Section 27 (b.1) presently reads: 27 Subject to this Act, the Lieutenant Governor in Council, by regulations, may (b.1) prescribe the interest rate referred to in

section 3(1)(b); Rural Electrification Revolving Fund Act 41(1) Amends

chapter R-18 of the Revised Statutes of Alberta 1980.

(2) Section 5(3)(

b) presently reads:

(3) A loan shall bear interest, payable annually, (

b) at the rate per year prescribed in the regulations (

i) if the loan was approved under

section 12(1) on or after July 1, 1991, or (ii) if the land respecting which there is a lien note covering the loan is sold on or after July 1, 1991. 24 Explanatory Notes

(3) Section 27(b.1) is amended by adding “or provide for the setting of" after “prescribe”. Safety Codes Act 42(1) The Safety Codes Act is amended by this section.

(2) Section 40 is amended by adding “or other person designated by an Administrator” wherever it occurs after “officer”.

(3) Section 69(2) is amended by striking out “muncipality” and substituting “municipality”. 25

(3) Section 27 (b.1) presently reads: 27 Subject to this Act, the Lieutenant Governor in Council, by regulation, may (b.1) prescribe the interest rate referred to in

section 5(3)(b); Safety Codes Act 42(1) Amends

chapter S-0.5 of the Statutes of Alberta, 1991.

(2) Section 40 presently reads: 40(1) On receipt of an application, a safety codes officer may issue a permit to a person who complies with the requirements of this Act or issue a permit with respect to a thing, process or activity if it complies with the requirements of this Act.

(2) A safety codes officer may include terms and conditions in a permit.

(3) If a safety codes officer refuses to issue a permit, the safety codes officer shall serve the applicant with a written notice of the refusal.

(4) A person who acts pursuant to a permit shall do so in accordance with this Act and shall comply with this Act and any terms or conditions contained in the permit.

(5) A person who is refused a permit may appeal the refusal to the Council in accordance with the Council’s by-laws.

(3) Section 69(2) presently reads: 69(2) On the coming into force of this Act, a muncipality with any powers, or duties under the (

a) Fire Prevention Act, (

b) Electrical Protection Act, (

c) Elevator and Fixed Conveyances Act, (

d) Gas Protection Act, (

e) Plumbing and Drainage Act, or (

f) Boilers and Pressure Vessels Act, relating to matters regulated under this Act is deemed to be an accredited municipality with those powers and duties. 25 Explanatory Notes

Securities Act 43(1) The Securities Act is amended by this section.

(2) Section 68(1) is amended (

a) by striking out “Subject to the regulations, every” and substituting “Every”; (

b) by adding “prepared in accordance with the regulations” after “transaction”.

(3) Section 71(3) is amended by striking out “section 68(1)(c)” and substituting “the regulations”.

(4) Section 173 is amended (

a) in subsection (3) (

i) by striking out “68(1)(c)” and substituting “68(1)”; (ii) by striking out “with the section” and substituting “with the regulations”; (

b) in subsection (4) by striking out “subsection (2) ” and substituting “subsection (3)”.

(5) Section 196 is amended by repealing clause (m.1). Social Development Act 44(1) The Social Development Act is amended by this section.

(2) Section 4(1) is amended by adding “or any employee of an Indian or Metis organization” after “Department”. 26

Securities Act 43(1) Amends

chapter S-6.1 of the Statutes of Alberta, 1981.

(2) Section 68(1) presently reads: 68(1) Subject to the regulations, every registered dealer who has acted as principal or agent in connection with any trade in a security or an exchange contract shall promptly send to the customer a written confirmation of the transaction.

(3) Section 71(3) presently reads:

(3) A statement made in compliance with this

section or

section 68(1)(

c) that a registered dealer proposes to act or has acted as principal in connection with a trade in a security does not prevent that dealer from acting as agent in connection with a trade of the security.

(4) Section 173 presently reads in part:

(3) If

section 68(1)(

c) applies to a contract and a registered dealer has failed to comply with the

section by not disclosing that he acted as principal, a person or company who has entered into the contract may rescind the contract.

(4) A person or company may rescind a contract under subsection (2) by sending written notice of rescission to the registered dealer within 7 days from the day of the delivery of the written confirmation of the contract.

(5) Section 196(m.1) presently reads: 196 The Lieutenant Governor in Council may make regulations (m.1) exempting confirmation of any trade in a security of a mutual fund under a contractual plan from

section 68(1)(

a) or (3) and prescribing terms and conditions, if any, to the exemption, as they may apply to the trade under the contractual plan; Social Development Act 44(1) Amends

chapter S-16 of the Revised Statutes of Alberta 1980. Delegation power.

(2) Section 4(1) presently reads: 4(1) The Director may authorize any employee of the Department or any welfare worker or any other municipal authority charged with the performance of municipal obligations under this Act to exercise 26 Explanatory Notes

(3) The following is added after

section 31: Civil legal aid 31.1

(1) Money, from funds paid by the Government to the Legal Aid Society of Alberta under the agreement referred to in

section 4 of the Legal Profession Act, that is used by the Legal Aid Society of Alberta to provide legal aid in civil matters to persons in receipt of a social allowance as defined in this Act is deemed to be a social allowance only for the purpose of obtaining cost sharing under the Canada Assistance Plan.

(2) For greater certainty, any decision by the Legal Aid Society of Alberta relating to the provision of legal aid in civil matters to a person in receipt of a social allowance as defined in this Act is not a decision on a matter respecting a social allowance that may be appealed under

section 29. Trust Companies Act 45 The Trust Companies Act is amended in

section 123 (

a) in subsection (1)(

a) by striking out “N-10 of the Revised Statutes of Canada 1970” and substituting “N-11 of the Revised Statutes of Canada, 1985”; (

b) in subsection (2)(

a) by striking out “N-10 of the Revised Statutes of Canada 1970” and substituting “N-11 of the Revised Statutes of Canada, 1985”. Trustee Act 46(1) The Trustee Act is amended by this section.

(2) Section 8(

b) is repealed and the following is substituted: (

b) in any trust corporation, (b.1) in any credit union, (b.2) in any loan corporation, or 27

any powers, duties and functions conferred on the Director by this Act.

(3) Civil legal aid. Trust Companies Act 45 Amends

chapter T-9 of the Revised Statutes of Alberta

Section 123 presently reads in part: 123(1) In this section, (a) "approved lender", "approved loan” and "insured loan" have the meanings given them by the National Housing Act (Canada),

chapter N-10 of the Revised Statutes of Canada 1970;

(2) A company may, with the company’s own funds and its deposits and investment money, (

a) if it is an approved lender, make approved loans on the security of a first mortgage in favour of the lender in accordance with the National Housing Act,

chapter 188 of the Revised Statutes of Canada 1952, or the National Housing Act,

chapter N-10 of the Revised Statutes of Canada 1970, Trustee Act 46(1) Amends

chapter T-10 of the Revised Statutes of Alberta 1980.

(2) Section 8 presently reads: 8 A trustee may, pending the investment of any trust money, deposit it during a time that is reasonable in the circumstances (

a) in any bank or treasury branch, (

b) in any trust company, or 27 Explanatory Notes

(3) Section 47 is amended (

a) in subsection (1)(

c) by striking out “or” at the end of subclause (

i) and adding the following after subclause (ii): (iii) a registered retirement savings plan or registered retirement income fund as defined in the Income Tax Act (Canada), or (iv) a fund, trust, scheme, contract or arrangement prescribed in regulations made by the Lieutenant Governor in Council; (

b) by adding the following after subsection (2):

(2.1) A designation under subsection (2) that relates to a plan referred to in subsection (1)(c)(iii) has effect whether it is made, or the participant making it dies, before or after subsection (1)(c)(iii) comes into force. (2.2) Subsection (2.1) does not apply if its application would (

a) alter the result in any proceedings in which a judgment or final order was granted before subsection (2.1) came into force, regardless of whether the judgment or order is appealable, or (

b) impose on a person the obligation to repay or account for proceeds of a plan referred to in subsection (1)(c)(iii) received or paid out by that person before subsection (1)(c)(iii) came into force. Workers’ Compensation Act 47(1) The Workers’ Compensation Act is amended by this section.

(2) Section 5.1(4) is repealed and the following is substituted:

(4) An appeals commissioner other than a temporary appeals commissioner shall be appointed for a maximum term of 3 years and is eligible for reappointment for additional terms of not more than 3 years each. 28

(

c) in any approved corporation expressly empowered by statute to accept money for deposit.

(3) Section 47 presently reads in part: 47(1) In this section, (a) “annuity” includes an amount payable on a periodic basis, whether payable at intervals longer or shorter than a year; (b) “participant” means a person who is entitled to designate another person to receive a benefit payable under a plan on the participant's death; (c) “plan” means (

i) a pension, retirement, welfare or profit-sharing fund, trust, scheme, contract or arrangement for the benefit of employees, former employees, agents or former agents of an employer or their dependants or beneficiaries, whether created by or pursuant to a statute or otherwise, or (ii) a fund, trust, scheme, contract or arrangement for the payment of an annuity for life or for a fixed or variable term or under which money is paid for the purpose of providing, on the happening of a specified event, for the purchase of, or the payment of, an annuity for life or for a fixed or variable term, created before or after the commencement of this section; (d) “will” has the same meaning as in the Wills Act.

(2) A participant may designate a person to receive a benefit payable under a plan on the participant’s death (

a) by an instrument signed by him or signed on his behalf by another person in his presence and by his direction, or (

b) by will, and may revoke the designation by either of those methods. Workers’ Compensation Act 47(1) Amends

chapter W-16 of the Statutes of Alberta, 1981.

(2) Section 5.1(4) presently reads:

(4) An appeals commissioner other than a temporary appeals commissioner shall be appointed for a term of 5 years and is eligible for reappointment for additional terms of not more than 5 years each. 28 Explanatory Notes

(3) Section 51(7) is repealed and the following is substituted:

(7) Compensation for temporary total disability and temporary partial disability is payable to the worker only as long as the disability lasts, and compensation for temporary total disability shall be (

a) where the worker’s bi-weekly net earnings are greater than the sum referred to in subsection (6)(a), the greater of (

i) the sum referred to in subsection (6)(a), and (ii) the bi-weekly equivalent of the amount that he would have received under subsection (5) had he been permanently totally disabled, and (

b) where the worker’s bi-weekly net earnings are equal to or less than the sum referred to in subsection (6)(a), 100% of those bi-weekly net earnings. Miscellaneous References to Statutes of Canada 48 In the following provisions “Immigration Act, 1976 (Canada)” is struck out and “Immigration Act (Canada)” is substituted: Act

Section Business Corporations Act 1(t)(iii) Dental Profession Act 26(3)(d) 49 In the following provisions “Penitentiary Act (Canada)” is struck out and “Corrections and Conditional Release Act (Canada)” is substituted: Act

Section Alberta Health Care Insurance Act 4(3)(

c) Election Act 41(d)(

i) Health Insurance Premiums Act 3(1)(d), (3)(c) 50 In the following provisions “section 33 of the Citizenship Act (Canada)” is struck out and “section 35 of the Citizenship Act (Canada)” is substituted: 29

(3) Section 51(7) presently reads:

(7) Compensation for temporary total disability and temporary partial disability is payable to the worker only as long as the disability lasts, and compensation for temporary total disability shall be the greater of (

a) the bi-weekly equivalent of the amount that he would have received under subsection (5) had he been permanently totally disabled, and (

b) his bi-weekly net earnings, if they are less than the sum referred to in subsection (6)(a). Miscellaneous References to Statutes of Canada 48 Corrects references changed by the Revised Statutes of Canada, 1985. 49 References changed due to the repeal and replacement of the Penitentiary Act (Canada). 50 Corrects references changed by the Revised Statutes of Canada, 1985. 29 Explanatory Notes

Act

Section Agricultural and Recreational Land Ownership Act 2, 5 Agricultural and Recreational Land Ownership (Consequential Amendments) Act (RSA 1980 c2(Supp.)) 1(2), (3), 2(2), (3), 3(2), (3), 4(2),

(3) Companies Act 25(2), 162(2)(d), 172(3)(

f) Co-operative Associations Act 3(6)(b), 24(11) Dower Act 2(2) Land Titles Act 31(1),

(2) Religious Societies’ Land Act 11(2)(b), 21(2) Rural Utilities Act 3(2)(d), 21(3) Societies Act 5(3), 22(2)(c) 51 In the following provisions “Bankruptcy Act (Canada)” is struck out wherever it occurs and “Bankruptcy and Insolvency Act (Canada)” is substituted: Act

Section Business Corporations Act 114(3)(c), 185(1)(b), 200 Collection Practices Act 3(1)(

b) Companies Act 292 Condominium Property Act 9(

a) of Appendix 1 Credit Union Act 154(2)(a), 189(2), 203(a), 205(8) Franchises Act 48(1), 56(1)(c),

(5) Fraudulent Preferences Act 12 Insurance Act 299(2) Statutory Condition 1(2)(

a) Landlord’s Rights on Bankruptcy Act 1, 2(

b) Mortgage Brokers Regulation Act 18(1)(f)(iii) Partnership Act 5(2), 39(4) Real Estate Agents’ Licensing Act 19(f)(iii) Securities Act 37(1)(h), 65(1)(a)(iii) Trust Companies Act 1(1)(

c) Trustee Act 38(3) 30

51 The name of the Bankruptcy Act was changed to Bankruptcy and Insolvency Act by

chapter 27 of the Statutes of Canada, 1992. 30 Explanatory Notes Title: 1994 (23rd, 2nd) Bill 40, Miscellaneous Statutes Amendment Act, 1994

Document details

Collection	Alberta — Bills
Citation	L23 S2 2193
Type	bill
Volume / chapter	L23 S2 2193
Language	en
Format	json
Source	PROVINCIAL
Identifier	2c1abb8ce54bc1e3ecd5c715871ea87e214289a3

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