1984 BILL 7 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 7 ATTORNEY GENERAL STATUTES AMENDMENT ACT, 1984 THE ATTORNEY GENERAL First Reading «-ii«sw ^p?--i s a < -^ «i ut Second Reading t A%^^^ ;* -^^ijiij-jii • • Committee of the Whole Third Reading Royal Assent

BiU 7 BILL 7 1984 ATTORNEY GENERAL STATUTES AMENDMENT ACT, 1984 (Assented to , 1984} HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: Fatality Inquiries Act 1(1) The Fatality Inquiries Act is amended by this section.

(2) Section 10 is amended (

a) in subsection (1) by striking out "Subject to subsection (3), any" and substituting "Any"; (

b) in subsection (2) by repealing clause (

f) and substituting the following: (0 deaths that occur (

i) during an operative procedure, (ii) within 10 days of an operative procedure, (iii) while under anesthesia, (iv) during recovery from anesthesia, or (

v) any time after anesthesia and that may reasonably he attributed to that anesthesia; (

c) by repealing subsection (3). Possessory Liens Act 2(1) The Possessory Liens Act is amended by this section.

(2) The following is added after

section IT. 11.1(1) Notwithstanding

section 10, (

a) if (

i) the debt and storage charges, if any, are unpaid at the expiration of 3 months in the case of a motor vehicle and of 6 months in the case of any other property, from the 1

Explanatory Notes Fatality inquiries Act 1(1) This

section will amend

chapter F-6 ofthe Revised Statutes of Alberta 1980.

(2) Section 10(1), (2)(

f) and (3) presently read: 10(1) Subject to subsection (3), any person having knowledge or reason to believe that a person has died under any ofthe circumstances referred to in subsection (2) or

section 11, 12 or 13 shaU immediately notify a medical examiner or an investigator

(2) Deaths that occur under any of the following circumstances require notiftcation under subsection (1): (

f) deaths that occur within 10 days of an operative procedure or while under anesthesia or during recovery from anesthesia; (3) Subsection (1) does not apply to a person who knows or has reason to believe that a medical examiner has already been or wiU be notified ofthe death. Possessory Liens Act 2(1) This

section will amend

chapter P-13 ofthe Revised Statutes of Alberta 1980.

(2) Disposal of property with a value of less than $300. Explanatory Notes

time when the relation of creditor and debtor arose with respect to the alteration or repair or the bailment of the property, or (ii) the chattel is not taken by the bailor at or before the expiration of the time specified for taking it in the con­ tract of bailment, or at or before the expiration of the time specified in the notice referred to in

section 4, and (

b) if the lienholder believes on reasonable grounds that the chattel has a total market value of less than $300, the lienholder may sell the property by a means and for a price that he believes is reasonable.

(2) If no person purchases the chattel put up for sale under sub­ section (1) within a reasonable time, the lienholder may dispose ofthe chattel in any manner that he believes is reasonable in the circumstances.

(3) Section 12(2) is repealed and the following is substituted:

(2) If application under subsection (1) is not made forthwith, (

a) the officer conducting the sale under

section 10, or (

b) the lienholder or his agent conducting the sale under sec­ tion 11.1, shall immediately pay the balance to the Provincial Treasurer.

(2.1) The Provincial Treasurer shall keep the money he receives under subsection (2) on behalf of the person entitled to it for 1 year from the day he receives the money and, if that person does not make a successful claim for that money within that year, that money shall be paid into the General Revenue Fund. Ultimate Heir Act 3(1) The Ultimate Heir Act is amended by this section.

(2) Section 5(6) is repealed and the following is substituted:

(6) If a person making a successful claim under this

section and the Crown in right of Alberta cannot agree as to the assets and proceeds to be transferred, the matters in dispute shall be settled by the Auditor General, whose certificate is final and conclusive.

(3) The following is added after

section 6: 6.1 The Crown in right of Alberta is entitled to retain as com­ pensation for its management of an estate that comes into its possession under

section 4 any rents, profits and interest received by or payable to it in respect of that estate that arise during the period of time commencing when the Crown takes delivery of the estate under

section 4 and ending

(3) Section 12(1) and (2) presently read: 12(1) The proceeds of the sale shaU be applied ftrst in payment of the expenses ofthe sale and then in payment ofthe lienholder's debt, and the balance, if any, shaU be paid to the person entitled to U on application by him for it.

(2) If application under subsection (

I) is not made forthwith, the oftHcer conducting the sale shaU immediately pay the balance to the Provincial Treasurer to be kept by him for the owner for one year, after which time, if the owner has not claimed the amount so kept, the balance wiU form part ofthe General Revenue Furui. Ultimate Heir Act 3(1) This

section will amend

chapter U-1 ofthe Revised Statutes of Alberta 1980.

(2) Section 5(6) presently reads:

(6) The Crown in right of Alberta is entitled to retain as compensation for its management of the estate any rents and proftts and any interest re­ ceived by or payable to it while the estate has been in its possession, and in the event of any disagreement between the claimant and the Crown in right of Alberta as to the assets and proceeds to be transferred the matters in dispute shaU be settled by the Auditor General whose certiftcate isftnal and conclusive.

(3) Management fees. Explanatory Notes

(

a) when the Crown is deemed to be the sole heir and next of kin ofthe intestate under

section 6, or (

b) where a successful claim is made under

section 5, when the assets and proceeds are transferred to the successful claimant.

(4) Section 7 is repealed and the following is substituted: 7 All money and property delivered to the Crown in right of Alberta under this Act shall be kept and dealt with in a manner that the Provincial Treasurer considers proper. 8 Subject to sections 5 and 6.1, all money and property in an estate transferred to the Crown in right of Alberta under

section 4 is held in trust by the Crown to pay all the annual income arising from that money or property, as the case may be, to the universities under the Universities Act in those portions as the Minister of Advanced Education considers fair and equitable. 9 The income received by a university under

section 8 shall be applied by the board of govemors of that university to provide scholarships and assistance in fields of research at the university as the board of govemors in its discretion considers proper. In accordance with

section 4(1) ofthe

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

(4) Section 7 presently reads: 7(1) AU money received by the Crown in right of Alberta as ultimate heir shall be kept in a manner the Provincial Treasurer considers proper

(2) The Provincial Treasurer shall pay the annual income from the money held in trust to the universities uruier the Universities Act in such shares as the Minister of Advanced Education considers fair and equitable and any money so paid to a university shall be applied, in the discretion of the board of governors thereof, in providing scholarships arui assistance in the fteld of research at the university. Explanatory Notes Title: 1984 (20th, 2nd) Bill 7, Attorney General Statutes Amendment Act, 1984