Bill 31 (Legislature 27, Session 1)

L27 S1 677

Alberta — Bills

2008 Bill 31 First Session, 27th Legislature, 57 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 31 FINANCIAL ADMINISTRATION AMENDMENT ACT, 2008 THE PRESIDENT OF THE TREASURY BOARD First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Bill 31 BILL 31 2008 FINANCIAL ADMINISTRATION AMENDMENT ACT, 2008 ( A s s e n t e d t o , 2 0 0 8 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cF-12 1 The Financial Administration Act is amended by this Act. 2

Section 82 is repealed. 1

Explanatory Notes 1 Amends

chapter F-12 of the Revised Statutes of Alberta 2000. 2

Section 82 presently reads: 82(1) For the purposes of this section, “Provincial agency” means (

a) a Provincial corporation, or (

b) a Provincial committee (

i) that is created, continued or established by

an Act and whose name is established by the Act, or (ii) that administers money.

(2) All Provincial agencies in existence at that time are discontinued (

a) at the beginning of January 1, 2004, and (

b) at the end of the last day of each successive 5-year period beginning with the period that begins on January 1, 2004. 1 Explanatory Notes

(3) The discontinuance of a Provincial agency does not extinguish any liabilities of the Provincial agency or relieve any person of an obligation the person has to the Provincial agency.

(4) Notwithstanding subsection (2),

an Act, or a

Schedule to this Act, may specify that a Provincial agency is to continue after the date on which it would otherwise be discontinued.

(5) If a Provincial agency is continued under this section, that Provincial agency is continued for a period ending not later than the next discontinuance date under subsection (2), unless a shorter period is specified or the Provincial agency is further continued in accordance with this section.

(6) A Provincial agency that is discontinued under this

section must not carry on business or any other activity after it is discontinued, except pursuant to an order under subsection (7)(

b) respecting the winding-up or dissolution of the Provincial agency.

(7) Notwithstanding subsections (2) and (5), the Lieutenant Governor in Council may (

a) before the date on which it would otherwise be discontinued, order that a Provincial agency continue for a period specified in the order; (

b) notwithstanding any other Act, make an order, on the recommendation of the Treasury Board, on any matter in relation to the discontinuance of a Provincial agency, including, but not limited to, the winding-up or dissolution of the Provincial agency, contracts of employment of the Provincial agency, assets or liabilities of the Provincial agency or the statutory powers, duties or obligations of the Provincial agency.

(8) An order under subsection (7)(

a) may continue a Provincial agency for a period that ends no later than the date of the prorogation of the next session of the Legislature after the date on which the Provincial agency would otherwise be discontinued under subsection (2) or (5).

(9) An order under subsection (7)(

b) respecting the winding-up or dissolution of a Provincial agency must specify (

a) that the winding-up or dissolution must be completed within 15 months after the order is made, and 2 Explanatory Notes

3 The

Schedule is repealed. 3

(

b) that any undistributed gifts, bequests or donations to the Provincial agency are to be administered by a successor organization or the Crown for the same purpose for which the Provincial agency was established.

(10) The Regulations Act applies to an order made under subsection (7).

(11) This

section does not apply to the following: (

b) the Alberta Social Housing Corporation under the Alberta Housing Act; (

c) the Teachers’ Pension Plans Board of Trustees under the Teachers’ Pension Plans Act; (

d) the Special Areas Board under the Special Areas Act; (

e) the Alberta Ut ilities Commission; (

f) the Energy Resour ces Conservation Board; (

h) the Surface Rights Board; (

i) Alberta Treasury Branches or any subsidiary of Alberta Treasury Branches or any corporation controlled by Alberta Treasury Branches directly or indirectly through one or more intermediary corporations; (

j) the Judicial Council es tablished under

Part 6 of the Judicature Act; (

k) the Public Trustee. (12) Subsection (2)(

a) does not apply to a Provincial corporation or Crown-controlled organization incorporated, in accordance with an approval under

section 80, on or after February 1, 2003 but before January 1, 2004. 3 Repeal of Schedule. 3 Explanatory Notes

4(1) The Alberta Economic Development Authority Act is amended by repealing

section 7 and substituting the following: Expiry 7 This Act expires on December 31, 2013 unless it is continued for a further period by an order of the Lieutenant Governor in Council.

(2) The Alberta Enterprise Corporation Act is amended by repealing

section 17.

(3) The Child and Family Services Authorities Act is amended by repealing

section 22 and substituting the following: Expiry 22 This Act expires on December 31, 2013 unless it is continued for a further period by an order of the Lieutenant Governor in Council.

(4) The Premier's Council on Alberta's Promise Act is amended by repealing

section 8 and substituting the following: Expiry 8 This Act expires on December 31, 2013 unless it is continued for a further period by an order of the Lieutenant Governor in Council. 4

4(1) Amends

chapter A-16 of the Revised Statutes of Alberta 2000. O.C. 442/2008 continued the Authority to December 31,

Section 7 presently reads: 7(1) Notwithstanding

section 82 of the Financial Administration Act, this Act expires on March 31, 2005 unless it is continued for a further period by an order of the Lieutenant Governor in Council.

(2) If this Act is continued for a further period by an order of the Lieutenant Governor in Council,

section 82 of the Financial Administration Act, if in force, applies to this Act during that further period.

(2) Amends

chapter A-17.5 of the Statutes of Alberta,

Section 17 presently reads: 17 In accordance with

section 82(4) of the Financial Administration Act, the Corporation continues after December 31, 2008 until it is discontinued in accordance with

section 82(2)(

b) of that Act or is disestablished or wound up.

(3) Amends

chapter C-11 of the Revised Statutes of Alberta 2000. O.C. 129/2004 continued the Authority until December 31,

Section 22 presently reads: 22(1) Notwithstanding

section 82 of the Financial Administration Act, this Act expires on March 31, 2004 unless it is continued for a further period by an order of the Lieutenant Governor in Council.

(2) If this Act is continued for a further period by an order of the Lieutenant Governor in Council,

section 82 of the Financial Administration Act applies to this Act.

(4) Amends

chapter P-20.5 of the Statutes of Alberta, 2003. O.C. 167/2007 has continued the Council until December 31,

Section 8 presently reads: 8(1) Notwithstanding

section 82 of the Financial Administration Act, this Act expires on March 31, 2008 unless it is continued for a further period by an order of the Lieutenant Governor in Council. 4 Explanatory Notes

(5) The Public Sector Pension Plans Act is amended by repealing

section 9.1.

(6) The School (Compulsory Attendance) Amendment Act, 2003 is amended by repealing

section 7.

(7) The Travel Alberta Act is amended by repealing

section 17. 5

(2) If this Act is continued for a further period by an order of the Lieutenant Governor in Council,

section 82 of the Financial Administration Act applies to this Act.

(5) Amends

chapter P-41 of the Revised Statutes of Alberta

Section 9.1 presently reads: 9.1 If some or all of a Plan’s administration functions are delegated by or under regulations made under

section 12(

b) or 12(1)(

b) of a

Schedule to a Provincial corporation within the meaning of the Financial Administration Act and that corporation becomes discontinued as a result of the application of

section 82 of that Act, then, notwithstanding anything in that Act, the delegation is automatically revoked by this

section unless the subject-matter of the delegation has previously been otherwise dealt with.

(6) Amends

chapter 9 of the Statutes of Alberta,

Section 7 presently reads: 7 The Financial Administration Act is amended in

Part 5 of the

Schedule by repealing

section 1.

(7) Amends

chapter T-6.5 of the Statutes of Alberta,

Section 17 presently reads: 17 In accordance with

section 82(4) of the Financial Administration Act, the Corporation continues after December 31, 2008 until it is discontinued in accordance with

section 82(2)(

b) of that Act or is disestablished or wound up. 5 Explanatory Notes

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2008 (27th, 1st) Bill 31, Financial Administration Amendment Act, 2008

Document details

Collection	Alberta — Bills
Citation	L27 S1 677
Type	bill
Volume / chapter	L27 S1 677
Language	en
Format	json
Source	PROVINCIAL
Identifier	31f63f6494048521294152bea7adbf160c2c3af5

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