1996 B ILL 7 Fourth Session, 23rd Legislature, 45 Elizabeth II THE LEGISLA TIVE A SSEMB LY OF A LB ERTA BILL 7 MUNICIPAL AFFAIRS STATUTES AMENDMENT AND REPEAL ACT, 1996 MR. SEVERTSON First Reading Second Reading C ommittee of the Whole Third Reading Royal A ssent

Bill 7 Mr. Severtson BILL 7 1996 MUNICIPAL AFFAIRS STATUTES AMENDMENT AND REPEAL ACT, 1996 (A ssented to , 1996) HER MA JESTY, by and with the advice and consent of the Legislative A ssembly of A lberta, enacts as follows: Alberta Educational Communications Corporation Act R epeals R S A 1980 cA -1 8 1(1) The A lberta Educational Communications Corporation A ct is repealed.

(2) A ny right, power or function that is vested in or is to be exercised by or on behalf of the A lberta Educational Communications Corporation is, on the coming into force of this section, vested in the Crown in right of A lberta and may be exercised or performed by or on behalf of the Crown in right of A lberta.

(3) A ny assets of the A lberta Educational Communications Corporation are, on the coming into force of this section, vested in the Crown in right of A lberta.

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

(5) This

section comes into force on Proclamation. Cemeteries Act A m e n d s R S A 1980 cC -2 2(1) The Cemeteries A ct is amended by this section.

(2) Section 37 is repealed and the following is substituted: 1

Explanatory Notes Alberta Educational Communications Corporation Act 1(1) Repeals

chapter A -18 of the Revised Statutes of A lberta 1980.

(2) Rights of C orporation vested in C rown.

(3) A ssets of C orporation vested in C rown.

(4) C rown not liable for obligations of C orporation.

(5) C oming into force. Cemeteries Act 2(1) A mends

chapter C -2 of the Revised Statutes of A lberta 1980.

(2) Section 37 presently reads: 1 Explanatory Notes

R egistration 37 No person shall sell, lease or rent or offer for sale, lease or rent a lot, plot, compartment, crypt or other space in a cemetery, columbarium or mausoleum or in a proposed cemetery, columbarium or mausoleum unless that person is registered by the Director for that purpose. 2

37(1) No person shall sell, lease or rent or offer for sale, lease or rent, a lot, plot, compartment, crypt or other space in a cemetery, columbarium or mausoleum or in a proposed cemetery, columbarium or mausoleum unless (

a) the form of the contract of sale, lease or rental has been filed with and approved by the Director, and (

b) that person is registered by the Director for that purpose.

(2) A n approval under subsection (1) and a renewal thereof is effective for a period of one year from the date it is granted.

(3) A n application for approval under subsection (1) or a renewal thereof shall be accompanied by proof satisfactory to the Director (

a) that the applicant is. or is entitled to be, registered as the owner in fee simple of the cemetery or the land used or to be used for the columbarium or mausoleum, free of any mortgage, hypothecation, charge or encumbrance, and (

b) that there has been paid to an authorized trustee the amount prescribed by

section 39 or the regulations, as the case may be, as the minimum amount for endowment care funds.

(4) A n application for renewal of an approval under subsection (1) shall be accompanied by a balance sheet and a profit and loss statement pertaining to the cemetery, columbarium or mausoleum and that is (

a) prepared within 30 days prior to the day the application is made, (

b) reported on by an independent auditor, and (

c) in a form satisfactory to the Director.

(5) The Director may refuse to grant an approval or a renewal thereof if (a) subsections (3) and (4) have not been complied with, (

b) the Director is not satisfied that the applicant is a reputable person, or (

c) the sum to be charged under the contract for the lot, plot, compartment, crypt or space or any cemetery services is, in his opinion, unconscionable having regard to the capital and operating costs of the owner and any other circumstances considered by the Director to be relevant.

(6) Notwithstanding subsection (2), an approval under subsection (1) or a renewal thereof is deemed to be cancelled when 2 Explanatory Notes

(3) The following is added after

section 37: V oid contracts 37.1 A ny term of a contract entered into on and after this

section comes into force for the sale, lease or rent of an existing or proposed lot, plot, compartment, crypt or other space in a cemetery, columbarium or mausoleum that (

a) misrepresents the obligations or liabilities of the parties to the contract, (

b) is misleading as to its true nature or purpose, or (

c) contravenes this A ct or the regulations is void and severable from the contract.

(4) Section 50 is amended by striking out “48 and 49” and substituting “59.1 and 59.2”.

(5) Section 51(1) is amended (

a) by repealing clause (

a) and substituting the following: (

a) issuing an order under

section 67.1, (

b) in clauses (

b) and (

c) by striking out “salesman” and substituting “salesperson”.

(6) Sections 48 to 51 are renumbered as sections 59.1 to 59.4 respectively and repositioned immediately before

section 60.

(7) Section 60(

o) is amended by striking out “salesmen” wherever it occurs and substituting “salespersons”. 3

(

a) the owner at the time the approval or renewal thereof was granted ceases to manage the cemetery, columbarium or mausoleum. (

b) any of the shares of a corporate owner have been transferred to a person who was not a shareholder at the time the approval or renewal thereof was granted, unless the Director consents to the transfer, or (

c) the owner or any salesman of the owner is convicted of an offence under this A ct.

(3) Void contracts.

(4) Section 50 presently reads: 50 In addition to the powers conferred by sections 48 and 49 the person making the investigation has, for the purpose of the investigation, all the powers of a commissioner under the Public Inquiries A ct.

(5) Section 51(1) presently reads: 51(1) A person who is dissatisfied with a decision of the Director (

a) refusing to approve a form of contract of sale, lease or rental of a lot, plot, compartment or other space in a cemetery or columbarium or mausoleum, (

b) refusing to register a salesman, or (

c) suspending or cancelling the registration of a salesman, may appeal the decision by serving the Minister with a notice of appeal within 30 days of being notified in writing of the decision.

(6) Sections 48 to 51 are moved to

Part 5.

(7) Section 60(

o) presently reads: 60 The Lieutenant Governor in Council may make regulations 3 Explanatory Notes

(8) Section 63(4)(b)(

i) is amended by striking out “salesman” and substituting “salesperson”

(9) The following is added after

section 67: A ct, re g u la tio n s contravened 67.1 If, in the opinion of the Director, an owner or salesperson is contravening or has contravened this A ct or the regulations, or any form, form of agreement or form of letter is misleading or contains a term that misrepresents or contravenes this A ct or the regulations, the Director may issue an order directing that owner or salesperson (

a) to stop engaging in any practice that is described in the order, and (

b) to take any measures specified in the order, within the time specified in the order, that, in the opinion of the Director, are necessary to ensure that this A ct or the regulations are complied with. E nforcem ent o f D irector’s orders 67.2(1) Whether or not a person is prosecuted under this A ct, if the Director is of the opinion that that person is not complying or has not complied with an order of the Director under

section 67.1, the Director may apply to the C ourt of Queen’s B ench for an order directing that person to comply with the order.

(2) A n application under this

section must be by way of an originating notice.

(3) On the filing of an originating notice with the clerk of the C ourt, the C ourt may, if it considers it necessary in the circumstances, make an interim order granting the relief that the C ourt considers appropriate pending the determination of the application.

(4) A n interim order under subsection (3) may be made ex parte if the C ourt considers it appropriate in the circumstances. 4

(

o) prescribing the powers and duties of the Director with respect to the registration and the suspension and cancellation of registration of salesmen of lots, plots, compartments, crypts or space in a cemetery, columbarium or mausoleum, the terms and conditions on which salesmen may be registered, and the registration fees payable;

(8) Section 63(4)(b)(

i) presently reads:

(4) A notice of cancellation under this

section may be given by delivering it or sending it by mail (

b) if no address is shown in the contract, (

i) to any salesman acting on behalf of the owner of the cemetery, columbarium or mausoleum.

(9) Director’s order. 4 Explanatory Notes

(5) On hearing an application the C ourt may, if it is of the opinion that the person is not complying or has not complied with the order, grant an order, subject to any terms and conditions the C ourt considers appropriate in the circumstances, doing one or more of the following: (

a) directing the person to comply with the order of the Director; (

b) giving directions that the C ourt considers necessary in order to ensure that the order of the Director will be complied with; (

c) awarding costs in respect of the matter.

(10) This

section comes into force on Proclamation. Collection Practices Act A m ends R S A 1980 cC -17 3(1) The Collection Practices A ct is amended by this section.

(2) Section 3(2) is amended by adding “or to a civil enforcement bailiff or civil enforcement agency while realizing on a security” after “profession”

(3) Section 5(1) is amended by adding “and” at the end of clause (

c) and by repealing clauses (

d) and (e). (4)

Section 7(1) is repealed and the following is substituted: 5

(10) C oming into force. Collection Practices Act 3(1) A mends

chapter C -17 of the Revised Statutes of A lberta 1980.

(2) Section 3(2) presently reads:

(2) This A ct does not apply to barristers and solicitors in the practice of their profession.

(3) Section 5(1) presently reads: 5(1) A n application for a collection agency licence shall be made to the A dministrator in the form prescribed by the Minister and shall be accompanied by (

a) the licence fee prescribed by the regulations, (

b) the security, if any, prescribed by the regulations, (

c) an affidavit made by or on behalf of the applicant in the form prescribed by the Minister, (

d) copies of forms of agreement to be entered into with the collection agency by persons for whom the collection agency acts, (

e) copies of forms and forms of letters that the collection agency uses or proposes to use in making demands for the collection of debts, and (

f) any other information required by the regulations.

(4) Section 7(1) presently reads: 5 Explanatory Notes

Renewal of licence 7(1) A n application for renewal of a collection agency licence must be made to the A dministrator in the form prescribed by the Minister and must be accompanied by (

a) the licence fee prescribed by the regulations, and (

b) the security, if any, prescribed by the regulations.

(5) Section 13 is amended (

a) in subsection (1) (

i) by repealing clauses (

a) and (b); (ii) by repealing clause (

d) and substituting the following: (

d) charge any fee to a person for whom he acts in addition to those fees provided for in the agreement with that person; (

b) by repealing subsections (3) and (4) and substituting the following:

(3) A ny term of an agreement entered into by a collection agency or collector, on or after the coming into force of this subsection, that (

a) misrepresents the rights and powers of a person collecting or attempting to collect a debt, (

b) misrepresents the obligations or legal liabilities of a debtor, (

c) is misleading as to its true nature and purpose, or (

d) otherwise contravenes this A ct or the regulations is void and severable from the valid terms of the agreement.

(4) If, in the opinion of the A dministrator, (

a) a collection agency or collector is contravening or has contravened this A ct or the regulations, or 6

7(1) A n application for renewal of a collection agency licence shall be made to the A dministrator in the form prescribed by the Minister and shall be accompanied by (

a) the licence fee prescribed by the regulations, (

b) the security, if any, prescribed by the regulations. (

c) copies of forms of agreement to be entered into with the collection agency by persons for whom the collection agency acts, and (

d) copies of forms and forms of letters that the collection agency uses or proposes to use in making demands for the collection of debts.

(5) Section 13 presently reads: 13(1) No collection agency or collector shall (

a) enter into any agreement with a person for whom he acts unless a copy of the form of agreement is filed with and approved by the A dministrator; (

b) use any form or form of letter to collect or attempt to collect a debt unless a copy of the form or form of letter is filed with and approved by the A dministrator; (

d) charge any fee to a person for whom he acts in addition to those fees provided for in the form of agreement or in the information pertaining to fees filed with the A dministrator;

(3) The A dministrator may refuse to approve any form, form of agreement or form of letter that he considers to be objectionable and, without restricting the generality of the foregoing, he may refuse any form, form of agreement or form of letter that (

a) misrepresents the rights and powers of a person collecting or attempting to collect a debt, (

b) misrepresents the obligations or legal liabilities of a debtor, or (

c) is misleading as to its true nature and purpose.

(4) When, in the opinion of the A dministrator, a collection agency or collector is contravening or has contravened any provision of this A ct or the regulations, the A dministrator may issue an order directing that collection agency or collector, as the case may be, to (

a) stop engaging in any practice that is described in the order, and (

b) take any measures specified in the order that, in the opinion of the A dministrator, are necessary to ensure 6 Explanatory Notes

(

b) any form, form of agreement or form of letter is misleading or contains a term that misrepresents or contravenes this A ct or the regulations, the A dministrator may issue an order directing the collection agency or collector (

c) to stop engaging in any practice that is described in the order, and (

d) to take any measures specified in the order, within the time specified in the order, that, in the opinion of the A dministrator, are necessary to ensure that this A ct and the regulations are complied with.

(6) This

section comes into force on Proclamation. Conflicts of Interest Act A m ends S A 1991 cC -22.1 4(1) The Conflicts of Interest A ct is amended in

Part 3 of

Schedule 1 by striking out “A lberta Educational C ommunications C orporation”.

(2) This

section comes into force on Proclamation. Direct Sales Cancellation Act A m ends R S A 1980 cD -35 5(1) The Direct Sales Cancellation A ct is amended by this section.

(2) Section 1(1) is amended (

a) in clause (e)(iii) by striking out “$25” and substituting “the amount prescribed by the regulations”; (

b) in clause (

f) by striking out “salesman” and substituting “salesperson”; (

c) by repealing clause (

h) and substituting the following: (h) "trade-in allowance” means the greater of (

i) the price or value of the buyer’s goods as set out in a trade-in arrangement, or 7

that this A ct or the regulations will be complied with, within the time specified in the order.

(6) C oming into force. Conflicts of Interest Act 4(1) A mends

chapter C -22.1 of the Statutes of A lberta, 1991.

Part 3 of

Schedule 1 presently reads in part:

Part 3 Other Disqualifying Offices The office of chairman or member of any of the following: A lberta Educational Communications Corporation

(2) C oming into force. Direct Sales Cancellation Act 5(1) A mends

chapter D-35 of the Revised Statutes of A lberta 1980.

(2) Section 1(1) presently reads in part: 1(1) In this A ct, (e) "sales contract” means (iii) an agreement under which the buyer does some act or pays a price in excess of $25 and thereupon becomes entitled to be the owner of goods or to have a service performed. (f) "salesman”, with reference to a sales contract, means any person, other than the seller, who solicits, negotiates or arranges for the signing by the buyer of 7 Explanatory Notes

(ii) the market value of the buyer’s goods when taken in trade under a trade-in arrangement;

(3) Section 2 is amended (

a) by repealing subsection (1) and substituting the following: A pplication o f A ct 2(1) Except as provided in subsections (1.1) and (2), this A ct applies where a sales contract is negotiated in person or concluded in person on or after the coming into force of this subsection at a place other than (

a) the seller’s or the salesperson’s normal business premises, or (

b) a market place, auction, trade fair, agricultural fair or exhibition.

(1.1) Where a sales contract is solicited, negotiated and concluded before the coming into force of this subsection, this A ct applies as it read immediately before the coming into force of this subsection. (

b) by repealing subsection (2)(

d) and (e.1).

(4) Section 6 is repealed and the following is substituted: A bsolute cancellation rig h t 6 A buyer may, without any reason, cancel a sales contract at any time from the date the sales contract is concluded until 10 days after the buyer receives a copy of the written sales contract. E xte n d e d ca n ce lla tio n in certain circum stances 6.1(1) In addition to the right of cancellation under

section 6, a buyer may cancel a sales contract in the circumstances set out in this section.

(2) A buyer may cancel a sales contract within one year of the date the sales contract is concluded 8

the sales contract or who in any way participates in soliciting, negotiating or arranging for the signing by the buyer of the sales contract; (h) "trade-in allowance” means (

i) the sum which, under a trade-in arrangement, is agreed to be allowed in payment or in part payment of the goods or services sold or to be sold under the sales contract, or (ii) if that sum is not agreed on, an amount that would, in all the circumstances, have been reasonable to allow in payment or in part payment, as the case may be, of the goods if no notice of cancellation had been served under

section 6 in respect of that sales contract;

(3) Section 2 presently reads in part: 2(1) This A ct does not apply to cases where the sales contract is solicited, negotiated or concluded at (

a) the seller s or the salesman’s normal business premises, or (

b) a market place, auction, trade fair, agricultural fair or exhibition.

(2) This A ct does not apply (

d) to a sales contract negotiated, solicited and concluded without any dealings in person between the seller and the buyer or any salesman and the buyer; (e.1) to a sales contract in which the seller is a charitable organization or professional fund-raiser within the meaning of those terms in the Charitable Fund-raising A ct and that is made as a result of a solicitation within the meaning of that term in the Charitable Fund-raising A ct;

(4) Section 6 presently reads: 6(1) A buyer may rescind a sales contract by giving a notice of cancellation (

a) not later than the fourth day after the date on which the copy of the sales contract is received by him by personal delivery or by mail, (

b) not later than one year after the date on which the copy of the sales contract is received by him by personal delivery or by mail, if (

i) all of the goods or services to be supplied under the sales contract are not supplied within 120 days after the date the sales contract was signed by the 8 Explanatory Notes

(

a) if the seller was required to be registered or licensed under the Licensing of Trades and Businesses A ct and was not registered or licensed at the time the sales contract was concluded, or (

b) if the sales contract does not include all the information required under

section 11.1.

(3) A buyer may cancel a sales contract within one year from the date the sales contract is concluded if the seller (

a) does not deliver the goods within 30 days of the delivery date specified in the sales contract or an amended delivery date agreed on in writing by the buyer and the seller, or (

b) does not begin the services within 30 days of the commencement date specified in the sales contract or an amended commencement date agreed on in writing by the buyer and the seller.

(4) If after the period mentioned in subsection (3) has expired the buyer accepts delivery of the goods or the buyer authorizes the services to begin, the buyer may not cancel the sales contract pursuant to subsection (3), M ethod of ca n ce lla tio n 6.2(1) A sales contract is cancelled on the giving of a notice of cancellation in accordance with this section.

(2) A notice of cancellation may be expressed in any way as long as it indicates the intention of the buyer to cancel the sales contract.

(3) The notice of cancellation may be given by any means, including, but not limited to, personal service, registered mail, courier or telecopier or by any other method, including orally, by which the buyer can provide evidence of the date that the buyer cancelled the sales contract.

(4) Where the notice is given other than by personal service or orally, the notice of cancellation is deemed to be given when sent.

(5) The notice of cancellation may be sent or delivered to the seller at the address set out in the sales contract, or if the buyer did not receive a copy of the sales contract or the address of the seller was not set out in the sales contract, the buyer may send or deliver the cancellation notice (

a) to any address of the seller on record with the Government of A lberta, 9

buyer and no date for delivery or performance is specified in or ascertainable from the sales contract, or (ii) the seller was, during the period in which the sales contract was solicited, negotiated and concluded, required to be licensed under the Licensing of Trades and Businesses A ct but was not so licensed. (

c) not later than 180 days after the date on which all of the goods or services are to be supplied under the sales contract where (

i) the date is ascertainable (

A) as a fixed day stated in the sales contract, or (

B) by reference to the fulfilment of the buyer's obligations to the seller, and (ii) all of the goods or services are not supplied within 30 days after that date, (

d) not later than (i) 180 days after the date on which the copy of the sales contract is received by him by personal delivery or mail, in a case where all of the goods or services are not supplied within that 180-day period, or (ii) 30 days after all of the goods or services are supplied, whichever occurs first, if, (iii) with respect to the sales contract, the seller gives or offers to give a rebate or discount to the buyer in consideration of his giving the seller the names of prospective purchasers or otherwise aiding the seller in making a sale to another person, and the earning of the rebate, discount or other value is contingent on the occurrence of an event subsequent to the time the buyer agrees to buy, or (iv) the sales contract is not signed by the buyer, (

e) not later than (i) 120 days after the date on which the copy of the sales contract is received by him by personal delivery or mail, in a case where all of the goods or services are not supplied within that 120-day period, or 9 Explanatory Notes

(ii) 30 days supplied, whichever occurs first, if the sales contract does not contain a notice in the prescribed form that is at least as prominent as the rest of the contents of the sales contract, or (

f) not later than (i) 120 days after the sales contract is signed by the buyer, in a case where all of the goods or services are not supplied within that 120-day period, or (ii) 30 days after all of the goods or services are supplied, whichever occurs first, if the buyer does not receive a copy of the sales contract by personal delivery or by mail within 10 days after the date it is signed by him.

(2) A notice of cancellation under this

section is sufficient if, however expressed, it indicates the intention of the buyer to cancel, terminate or withdraw from the sales contract.

(3) A notice of cancellation under this

section may be given by delivering it or sending it by mail (

a) to the seller or a person named in the sales contract as a person to whom a notice of cancellation may be given, at the address shown in the sales contract, or (

b) if the buyer's copy of the sales contract was not received by him, by personal delivery or by mail, or if no address of the seller or other person is shown in the sales contract. (

i) to any salesman, (ii) to any address of the seller known to the buyer, or (iii) to the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this A ct,

(4) For the purposes of this

section a notice of cancellation sent by mail shall be deemed to be given at the time it is mailed.

(5) Section 7 presently reads: 7(1) A notice of cancellation given in accordance with

section 6 operates (

a) to cancel the sales contract, or (

b) when the sales contract is an offer to buy, to withdraw the offer, 10 Explanatory Notes

(

b) to an address of the seller known by the buyer, or (

c) to the salesperson at an address known by the buyer.

(6) If the buyer is unable to find an address referred to in subsection (5), the buyer may send or deliver the notice to any office of the Housing and C onsumer A ffairs Division of the Department of Municipal A ffairs or to any other place designated by the regulations.

(5) Section 7 is amended (

a) in subsection (1) by striking out “A notice of cancellation given in accordance with

section 6 operates” and substituting “A cancellation of a sales contract in accordance with this A ct operates”; (

b) in subsection (2) by striking out “A notice of cancellation given in accordance with

section 6 also operates to cancel" 10

and substituting “A cancellation of a sales contract in accordance with this A ct also operates to cancel”; (

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

(3) Where credit is extended or arranged by the seller, the credit contract is conditional on the sales contract, whether or not the credit contract is a part of or attached to the sales contract, and if the sales contract is cancelled, that cancellation has the effect of cancelling the credit contract as if the sales contract had never existed,

(6) Section 8 is amended (

a) by repealing subsection (1) and substituting the following: R esponsi- bilities o n cancellation 8(1) Within 15 days after a sales contract is cancelled, the seller shall refund to the buyer all money paid by the buyer and return to the buyer’s premises any trade-in or an amount equal to the trade-in allowance,

(1.1) In the case of a sales contract for goods, the buyer shall, on receiving the refund and return of the trade-in or an amount equal to the trade-in allowance, return the goods to the seller.

(1.2) Where a sales contract has been cancelled but the buyer solicited the services of a seller and requested that the service be provided within 10 days from the date that the sales contract was concluded, the seller is entitled to reasonable compensation for the services performed by the seller, but the seller’s rights under this subsection do not arise until the seller complies with subsection (1). (

b) in subsection (2) by striking out “6” and substituting “6.2”; (

c) in subsection (9)(a)(

i) by striking out “salesman” and substituting “salesperson”.

(7) Section 4 is amended by striking out “salesman” wherever it occurs and substituting “salesperson”.

(8) Section 9 is amended by striking out “6” and substituting “6.2”. 11

as if the sales contract never existed.

(2) A notice of cancellation given in accordance with

section 6 also operates to cancel (

a) any related sale, (

b) any guarantee given in respect of money payable under the sales contract, and (

c) any security given by the buyer or a guarantor in respect of money payable under the sales contract. as if it never existed

(6) Section 8 presently reads in part: 8(1) The seller shall within 15 days of the giving of a notice of cancellation in accordance with

section 6 (

a) refund to the buyer all money paid under the sales contract, any related sale and any pre-existing contract, and (

b) return to the buyer's premises any goods delivered by the buyer under a trade-in arrangement.

(2) When a notice of cancellation is given in accordance with

section 6, the buyer shall return to an authorized person goods that came into the buyer's possession under the sales contract or a related sale or pre-existing contract if a written request is given to the buyer by an authorized person which is signed or purports to be signed by or on behalf of the seller, but the obligation of the buyer under this subsection is subject to any lien or right to retain the goods that he may have under

section 9 and his right to enforce the lien.

(9) In this section, (a) “authorized person" means (

i) the seller or any salesman.

(7) Section 4 presently reads: 4 A n oral or written representation, statement or undertaking, whether constituting a condition or warranty or not, made to the buyer by a salesman with respect to goods covered by a sales contract or a related sale shall be deemed to have been made by the salesman as agent of the seller, but nothing in this

section exonerates any person from any liability to which he would be subject apart from this subsection.

(8) Section 9 presently reads: 11 Explanatory Notes

(9) Section 10 is amended by striking out “required to be refunded under

section 8(1)(a)” and substituting “paid under the sales contract, any related sale and any pre-existing contract under

section 8”,

(10) The following is added after

section 11: C o n te n ts of sales contract 11.1 A written sales contract must include the following: (

a) the buyer’s name and address; (

b) the seller’s name, business address, telephone number and. where applicable, fax number; (

c) where applicable, the salesperson’s name; 12

9 When a notice of cancellation is served in accordance with

section 6, the buyer is entitled to retain possession of goods delivered to him under a sales contract, related sale or pre-existing contract (

a) until all money paid under the sales contract, related sale or pre-existing contract is refunded, and (

b) in the case of a trade-in arrangement, until either (

i) the goods delivered by the buyer under the trade-in arrangement are returned to him in a condition substantially the same as when they were delivered by him, or (ii) a sum equal to the trade-in allowance is paid to him, and the buyer while in possession has a lien on those goods for any money so owing to him,

(9) Section 10 presently reads: 10(1) If the seller fails to refund to the buyer all money required to be refunded under

section 8(1)(a), the buyer may recover that money from the seller.

(2) In the case of a trade-in arrangement, unless (

a) the seller returns the buyer’s goods to him in accordance with

section 8(1), and (

b) the goods are then in a condition substantially the same as when they were delivered by the buyer. the buyer may recover from the seller an amount equal to the trade-in allowance for the goods.

(3) A n amount recoverable under subsection (1) or (2) may be recovered as a simple contract debt.

(4) When the buyer recovers an amount equal to the trade-in allowance, then, if the title of the buyer to goods delivered by him under the trade-in arrangement did not pass from the buyer, the title vests in the person entitled thereto under the trade-in arrangement.

(10) C ontents of contract, non-derogation of other rights. 12 Explanatory Notes

(

d) the date and place at which the sales contract is concluded; (

e) a description of the goods or services, sufficient to identify them; (

f) a statement of cancellation rights that conforms with the requirements set out in the regulations; (

g) the itemized price of the goods or services, or both; (

h) the total amount of the sales contract; (

i) the terms of payment; (

j) in the case of a sales contract for the future delivery of goods, future provision of services or future delivery of goods together with services, the delivery date for the goods or start date for the services or both; (

k) in the case of a sales contract for the future provision of services or the delivery of goods together with services, the completion date for providing the services or the goods together with services; (

l) where credit is extended, (

i) a statement of any security taken for payment, and (ii) the disclosure statement required under the Consumer Credit Transactions A ct; (

m) where there is a trade-in arrangement, a description of and the value of the trade-in; (

n) the signatures of the buyer and the seller. N on- derogation of o th e r rights 11.2 The right of a buyer to cancel a sales contract under this A ct is in addition to and does not derogate from any other legal right or remedy the buyer may have.

(11) Section 13 is repealed and the following is substituted: M in iste ria l regulations 13 The Minister may make regulations (

a) respecting the form and contents of the statement of cancellation rights that must be included on the sales contract and the form of the contract; 13

(11) Section 13 presently reads: 13 T he L ieutenant G overnor in C ouncil m ay m ake regulations prescribing form s for the purposes of this A ct. 13 Explanatory Notes

(

b) designating places where notices of cancellation may be sent or delivered for the purposes of

section 6.2: (

c) fixing the amount for the purposes of

section 1(1)(e)(iii); (

d) prescribing forms for the purposes of this A ct.

(12) This

section comes into force on Proclamation. Fuel Oil Licensing Act R epeals R S A 980 cF -2 2 6(1) The Fuel Oil Licensing A ct is repealed.

(2) This

section comes into force on Proclamation. Fuel Tax Act A m ends S A 987 cF -22.5 7(1) The Fuel Tax A ct is amended by this section.

(2) The following is added after

section 2: R egistration 2.1(1) No person shall (

a) carry on in A lberta the business of selling for resale fuel oil or liquid petroleum gas, (

b) carry on in A lberta the business of selling marked fuel to consumers, (

c) sell or offer for sale aviation fuel, fuel oil or liquid petroleum gas that is exempt from tax under this A ct or the regulations, (

d) import into A lberta fuel oil or aviation fuel for sale to consumers, or (

e) purchase fuel oil in A lberta for consumption by a locomotive of which he is the owner, unless the person is registered under this section.

(2) A n application for registration must be made in accordance with the regulations.

(3) The Provincial Treasurer may refuse to register or renew a registration if the applicant has contravened this A ct or a regulation under this A ct or has contravened a law in 14

(12) C oming into force. Fuel Oil Licensing Act 6(1) Repeals

chapter F-22 of the Revised Statutes of A lberta 1980.

(2) C oming into force. Fuel Tax Act 7(1) A mends

chapter F-22.5 of the Statutes of A lberta, 1987.

(2) Registration of bulk dealers. 14 Explanatory Notes

force in another jurisdiction that governs the collection of tax on fuel in that jurisdiction.

(4) The Provincial Treasurer may cancel or suspend a registration if the registered person has contravened this A ct or a regulation under this A ct or has contravened a law in force in another jurisdiction that governs the collection of tax on fuel in that jurisdiction.

(5) A person who is the holder of a licence under the Fuel Oil Licensing A ct immediately before its repeal is deemed to be registered under this

section until the date of the expiry of that licence, unless the registration is sooner cancelled or suspended.

(3) Section 17 is amended (

a) in subsection (1) by striking out “or” at the end of clause (d), by adding “or” at the end of clause (

e) and by adding the following after clause (e): (

f) a refusal, cancellation or suspension of registration under

section 2.1, (

b) in subsection (4) (

i) by adding “, suspension” after “disallowance, refusal”; (ii) by striking out “or” at the end of clause (c), by adding “or” at the end of clause (

d) and by adding the following after clause (d): (

e) confirm the refusal, cancellation or suspension, register the applicant or renew the registration or remove the suspension or cancellation of the registration. 15

(3) Section 17 presently reads in part: 17(1) A person who objects to (

a) a notice of assessment under

section 11 or 12 , (

b) a notice of disallowance of rebate under

section 4(4), (

c) a notice of disallowance of a grant under

section 8(7), (

d) a notice of refusal under

section 5 or 8, or (

e) a notice of cancellation pursuant to the regulations, may, within 90 days of the day of mailing of the notice, serve on the Provincial Treasurer a notice of objection in the prescribed form setting out the reasons for the objection and the relevant facts.

(4) On receipt of a notice of objection, the Provincial Treasurer shall with all due dispatch reconsider the assessment, disallowance, refusal or cancellation and shall (

a) vacate, confirm or vary the assessment or disallowance and notify the objector of his decision by certified mail or registered letter, (

b) serve a new notice of assessment or cause a new notice of disallowance to be given, (

c) issue a certificate under

section 5 or 8 or cause a new notice to be given confirming his refusal to issue a certificate or (

d) remove the cancellation or issue a new certificate or cause a notice to be given confirming the cancellation of the certificate. 15 Explanatory Notes

(4) Section 18(1) is amended (

a) by adding ", the refusal, cancellation or suspension of registration removed” after “varied”; (

b) by adding the following after clause (a): (a.1) the Provincial Treasurer has confirmed his refusal, cancellation or suspension of registration.

(5) Section 20(3)(

b) is amended by adding the following after subclause (iv): (iv.1) order the Provincial Treasurer to register the applicant or renew the registration or remove the cancellation or suspension of registration,

(6) Section 38(

a) is repealed and the following is substituted: 16

(4) Section 18(1) presently reads: 18(1) A person who has served a notice of objection under

section 17(1) may appeal to the Court to have the assessment or disallowance vacated or varied or the certificate under

section 5 or 8 issued after (

a) the Provincial Treasurer has confirmed the assessment or disallowance or served a new notice of assessment or caused a new notice of disallowance to be given under

section 17(4), (

b) the Provincial Treasurer caused a new notice to be given confirming his refusal to issue a certificate under

section 5 or 8, (b.1) the Provincial Treasurer has caused a notice to be given confirming his cancellation of a certificate, or (c) 90 days have elapsed after service of the notice of objection and the Provincial Treasurer has not acted under

section 17(4), but no appeal under this

section may be instituted after the expiration of 90 days from the day a notification or notice under

section 17(4) was mailed to the objector.

(5) Section 20(3) presently reads:

(3) The Court may (

a) dismiss the appeal, or (

b) allow the appeal, and (

i) vacate the assessment or disallowance, (ii) vary the assessment or disallowance, (iii) restore the assessment or disallowance, (iv) refer the assessment or disallowance back to the Provincial Treasurer for reconsideration, (

v) order the Provincial Treasurer to issue a certificate under

section 5 or 8, or (vi) order the Provincial Treasurer to remove the cancellation of a certificate or issue a new certificate.

(6) Section 38(

a) presently reads: 16 Explanatory Notes

(

a) a certificate of the Provincial Treasurer or a person lawfully acting on his behalf stating whether the defendant is or is not registered under this A ct, or was or was not so registered at a time or during a period of time specified in it,

(7) Section 39 is amended by adding the following after clause (a.1): (a.2) respecting applications for registration under

section 2.1:

(8) This

section comes into force on Proclamation. Government Organization Act A m ends S A 9 9 4 cG -8.5 8 The Government Organization A ct is amended in

Schedule 12, in

section 5, by adding ", municipalities” after “institutions”. Licensing of Trades and Businesses Act A m ends R S A 9 8 0 cL-13 9(1) The Licensing of Trades and Businesses A ct is amended by this section.

(2) Section 2(

a) is amended by striking out “the Fuel Oil Licensing A ct,”.

(3) Section 4(1) is amended (

a) in clause (

g) by adding “or registration” after “licence” wherever it occurs; (

b) in clause (k) (

i) by adding the following after subclause (ii); 17

38 In a prosecution for an offence under this A ct or the regulations, (

a) a certificate of the Deputy Minister of the Minister charged with the administration of the Fuel Oil Licensing A ct or a person lawfully acting on his behalf stating whether the defendant is or is not licensed pursuant to the Fuel Oil Licensing A ct, or was or was not so licensed at a time or during a period of time specified in it,

(7) Section 39 presently reads in part: 39(1) The Lieutenant Governor in Council may make regulations (

a) respecting the collection and remission of tax under this A ct;

(8) C oming into force. Government Organization Act 8 A mends

chapter G-8.5 of the Statutes of A lberta, 1994.

Schedule 12,

section 5 presently reads: 5 The Minister may, on request, acquire supplies on behalf of or provide services to, approved hospitals as defined in the Hospitals A ct, schools, post-secondary educational institutions and any organizations that carry out services or programs on behalf of the Government. Licensing of Trades and Businesses Act 9(1) A mends

chapter L-13 of the Revised Statutes of A lberta 1980.

(2) Section 2(

a) presently reads: 2 This A ct applies to all trades, businesses, industries, employments and occupations that are carried on in A lberta and to which the powers of the Legislature extend, except (

a) trades, businesses, industries, employments and occupations that are licensed pursuant to the Fuel Oil Licensing A ct, the Liquor Control A ct or the A musements A ct,

(3) Section 4 presently reads in part: 4(1) The Minister may (

b) except from a business or any description or class of business designated under clause (

a) any specified class or subclass of business or a class or subclass of persons engaged or employed therein; 17 Explanatory Notes

(ii.1) respecting the manner of informing members of the public of (

A) any sale of or dealing with goods, products or services of a business under this A ct, and (

B) contraventions of this A ct; (ii.2) respecting terms and conditions for a business or class of business that has contravened this A ct or the regulations to continue operating as a business under this A ct; (ii) by repealing subclause (

v) and substituting the following: (

v) prescribing in respect of any specified business or description or class of business that the approval of any authority specified by the Minister is required for the obtaining of a licence or renewal of a licence or the establishment of that business or description or class of business; (

c) by adding the following after clause (o): (

p) make regulations (

i) respecting the definition of “motor fuel”, (ii) respecting standard specifications for motor fuel or any specified class or classes of motor fuel, (iii) respecting the information to be furnished to a purchaser on the sale of any motor fuel in respect of which a standard specification is prescribed, (iv) respecting the grade, quality or specifications of motor fuel to be sold in A lberta, and the securing of samples and the methods of testing motor fuel, (

v) respecting advertising standards for selling motor fuel, and (vi) prohibiting the sale within A lberta of motor fuel that does not comply with this A ct or the regulations. 18

(

k) make regulations that the Minister considers necessary for carrying out this A ct, and without limiting the generality of the foregoing, make regulations (

i) governing applications for licences or for renewals of licences and the requirements therefor; (i.1) respecting the eligibility requirements of applicants for licences, and the duties and obligations of licensed persons; (i.2) requiring licensed persons referred to in clause (

d) to appoint designated agents as their representatives and respecting the eligibility requirements of designated agents and their duties and obligations; (ii) prescribing or adopting, with or without modification, codes, standards or rules governing (

A) the manner of carrying on a business or a description or class of business to which this A ct applies, (

B) experience and education requirements and requirements as to financial responsibility of persons carrying on or wishing to carry on such a business, (

C) the type and condition of premises and equipment used in such a business, and (

D) the conduct of persons engaged in carrying on such a business; (iv) prescribing with regard to certain specified businesses the proof of good character or physical condition of the applicant for a licence or for a renewal of a licence that must accompany the application; (

v) prescribing in respect of any specified business or description or class of business that an applicant for a licence or for a renewal of a licence obtain the approval of any authority specified by the Minister in respect of the establishment of that business or description or class of business; (v.1) requiring, in respect of any specified business or description or class of business, that security in addition to or instead of a bond be provided to protect the interests of persons dealing with the business, and respecting the kind of security that must be provided and the terms and conditions governing the provision of it; (vi) requiring in respect of any specified business or description or class of business that a bond be 18 Explanatory Note

(4) Section 5 is amended (

a) by repealing subsection (1); (

b) in subsection (2) by adding “or to a regulatory board” after “administers”.

(5) Section 7 is repealed.

(6) Section 9 is amended by adding the following after subsection (2):

(2.1) The Director shall refuse to issue a licence or renewal of a licence under this A ct to an applicant if the Director is 19

given in the form and on the conditions prescribed by the Minister; (viii) prescribing with respect to bonds given pursuant to subclause (vi) (

A) the persons or class of persons entitled to claim a share in the bond proceeds, (

B) the procedure for the filing of claims by the claimants referred to in paragraph (A ), (

C) the manner by which claimants referred to in paragraph (

A) shall prove their claims, (

D) the circumstances and procedures under which all or any part of the bond proceeds shall be paid to those claimants whose claims have been proven in accordance with the regulations or into the Court of Queen’s Bench to be dealt with as the Court directs, and (

E) the procedure for refunding to the surety or obligor under the bond any money remaining unexpended after all claims have been satisfied pursuant to the regulations;

(4) Section 5 presently reads: 5(1) The Minister may in writing delegate to any employee of the Department that the Minister administers any power, duty or function conferred or imposed on the Minister by this A ct, other than the power to make regulations.

(2) The Director may in writing delegate to any employee of the Department that the Minister administers any power, duty or function conferred or imposed on the Director by this A ct or the regulations.

(5) Section 7 presently reads: 7 If the business of negotiating, soliciting and concluding sales contracts to which the Direct Sales Cancellation A ct applies is designated by the Minister as a business or a description or class of business to which this A ct applies and a bond given to the Minister in respect of a seller or salesman is forfeited by reason of breach of a condition of the bond requiring compliance with the Direct Sales Cancellation A ct, the proceeds of the bond may be used for the benefit of persons who, as buyers under the sales contracts, have claims against the seller following cancellation of the sales contracts in accordance with

section 6 of that A ct.

(6) Section 9 presently reads: 9(1) A n application for a licence or renewal of a licence under this A ct shall be made to the Director 19 Explanatory Notes

satisfied that the applicant has not complied with the provisions of this A ct and the regulations relating to applications for licences or renewals of licences or that it is in the public interest to refuse to issue it.

(7) Section 9.1 is amended (

a) by adding the following after subsection (1):

(1.1) When a person operating a business to which this A ct applies, or any agent or salesperson or other person acting on behalf of the business, has committed

an act or omission in contravention of this A ct, the Director may order the business, the person operating the business, any agent or salesperson, or any other person acting on behalf of the business to cease that act or omission, subject to any terms and conditions prescribed in the order, (

b) by repealing subsection (2).

(8) The following is added after

section 9.1: Notification of changes 9.2(1) A ny person issued a licence or renewal of a licence under this A ct and the regulations shall immediately notify the Director in writing of (

a) a change in the address of the licensee’s business office, (

b) a change in the partners of the business if the licence is issued to a partnership, or (

c) a change in the officers or directors of a corporation if the licence is issued to a corporation.

(2) A person issued a licence who ceases to carry on the business for which the licence was issued shall immediately notify the Director and return the licence with the notification.

(9) Section 10 is amended by repealing subsection (1) and substituting the following: 20

(2) The Director may issue a licence or renewal of a licence under this A ct to an applicant if he is satisfied that the applicant has complied with the provisions of this A ct and the regulations relating to applications for licences or renewals of licences.

(3) The Director may cancel or suspend a licence issued under this A ct (

a) if the licensed person contravenes this A ct or the regulations, or (

b) if it is in the public interest to do so.

(7) Section 9.1 presently reads: 9.1(1) When the Director cancels or suspends the licence of a person referred to in

section 4(1)(

d) he may by order prohibit any designated agent or salesperson or other licensed person acting on behalf of that person who committed the act or omission that resulted in the cancellation or suspension or who directed, authorized, assented to, acquiesced in or participated in the act or omission from being a designated agent or so acting, as the case may be, subject to any terms and conditions prescribed in the order.

(2) A designated agent, salesperson or other licensed person against whom an order is made under subsection (1) may appeal the order as if it were a cancellation of a licence, and sections 10 and 10.1, with the necessary modifications, apply to the appeal.

(8) Notification of changes.

(9) Section 10(1) presently reads: 10(1) A person (

a) who has been refused a licence or renewal of a licence by the Director under

section 9, 20 Explanatory Notes

A ppeal 10(1) A person (

a) who has been refused a licence or renewal of a licence by the Director under

section 9, (

b) whose licence has been cancelled or suspended by the Director under

section 9, (

c) whose licence or renewal has been refused or whose licence has been cancelled as a result of a decision of the Director under

section 10.1(3), or (

d) who has been issued an order under

section 9.1(1) or (1.1) may appeal the refusal, cancellation, suspension or order by serving the Minister with a notice of appeal within 30 days after being notified in writing of the refusal, cancellation, suspension or order.

(10) Section 11 is repealed and the following is substituted: M unicipal licences 11 No licence shall be issued by a municipality for the carrying on of a business that has been designated as a business to which this A ct applies and for which a licence or registration is required under this A ct, unless the applicant for the licence is already registered under this A ct or holds a licence issued under this A ct in respect of that business.

(11) Section 12 is repealed and the following is substituted: O ffe n ce s and penalties 12 A person who (

a) contravenes this A ct or a regulation or order under this A ct. (

b) fails, neglects or refuses to obey (

i) a lawful requirement or order made by the Director, or (ii) a judgment or decree made by a C ourt on application of the Minister is guilty of an offence and is liable, (

c) in the case of a corporation, to a fine of not less than $1000 and not more than $10 000, and (

d) in the case of an individual, to a fine of not less than $500 and not more than $5000. 21

(

b) whose licence has been cancelled or suspended by the Director under

section 9, or (

c) whose licence or renewal has been refused or whose licence has been cancelled as a result of a decision of the Director under

section 10.1(3) may appeal the refusal, cancellation or suspension by serving the Minister with a notice of appeal within 30 days after being notified in writing of the refusal, cancellation or suspension.

(10) Section 11 presently reads: 11 No licence shall be issued by a city, town, village, municipal district or county for the carrying on of a business that has been designated as a business to which this A ct applies, unless the applicant for the licence is already registered under this A ct or the holder of a licence issued pursuant to this A ct in respect of that business.

(11) Section 12 presently reads: 12 A person who contravenes this A ct or a regulation or order under this A ct is guilty of an offence and is liable to a fine of (

a) not more than $10 000 where the offender is a corporation, and (

b) not more than $5000 where the offender is an individual. 21 Explanatory Notes

(12) Section 14 is repealed and the following is substituted: E vidence 14(1) When in a prosecution under this A ct or a regulation or order under this A ct it is alleged that the accused (

a) carried on a business or a description or class of business to which this A ct applies, or (

b) acted as a salesperson or in some other capacity on behalf of a person carrying on a business or a description or class of business to which this A ct applies in contravention of this A ct, a regulation or an order under this A ct or without being registered or holding a licence where required under the regulations, or while his licence was cancelled or suspended, evidence of one transaction is prima facie proof that the accused carried on the business or acted as a salesperson or in that other capacity, as the case may be.

(2) A certificate purporting to be signed (

a) by the Director, stating that on a specified day or during a specified period (

i) the person named in the certificate was or was not licensed under this A ct, (ii) the licence of the person named in the certificate had been suspended under this A ct, or (iii) the business was of a description or class to which this A ct applies, or (

b) by an expert, defining or stating the nature of any substance, goods or services examined, shall be admitted in evidence as prima facie proof of the facts stated in the certificate without proof of the signature or appointment of the person who signed it.

(13) Section 16 is repealed and the following is substituted: R estraining order 16 If a person who is required (

a) to be registered or licensed in respect of the carrying on of a business or a description or class of business to which this A ct applies, 22

(12) Section 14 presently reads: 14(1) When in a prosecution under this A ct or a regulation or order under this A ct it is alleged that the accused (

a) carried on a business or a description or class of business to which this A ct applies, or (

b) acted as a salesperson or in some other capacity on behalf of a person carrying on a business or a description or class of business to which this A ct applies without being registered or holding a licence required under the regulations or while his licence was cancelled or suspended, evidence of one transaction is prima facie proof that the accused carried on the business or acted as a salesperson or in that other capacity, as the case may be.

(2) A certificate purporting to be under the hand of the Director and stating that on a specified day or during a specified period (

a) the person named in the certificate was or was not licensed pursuant to this A ct, or (

b) the licence of the person named in the certificate had been suspended pursuant to this A ct. shall be admitted in evidence as prima facie proof of the facts stated in the certificate without proof of the signature or appointment of the person signing it.

(13) Section 16 presently reads: 16 If a person who is required (

a) to be registered or licensed in respect of the carrying on of a business or a description or class of business to which this A ct applies, or 22 Explanatory Notes

(

b) to be licensed as a salesperson or in some other capacity while acting on behalf of a person referred to in clause (a), or (

c) to carry on business in accordance with this A ct, carries on business or so acts without being registered or licensed, while his licence is cancelled or suspended or in contravention of this A ct, the Minister or any person authorized by the Minister may apply to the C ourt of Queen’s B ench for an order restraining the person and his employees and agents from carrying on business or so acting until the person is registered or licensed or the suspension is terminated or the Minister has approved the business.

(14) This

section comes into force on Proclamation. Motor Transport Act A m ends R S A 1980 cM -20 10(1) The Motor Transport A ct is amended by repealing

section 24(1) and substituting the following: S u sp e n sio n a n d revocation o f certificates 24(1) If the B oard is satisfied that the person to whom a certificate has been issued pursuant to this A ct has, either himself or by his agent or employee, contravened this A ct or the regulations, the Highway Traffic A ct, the Motor Vehicle A dministration A ct, the Fuel Tax A ct, the Municipal Government A ct, the Unfair Trade Practices A ct, the Criminal Code (C anada), the Motor Vehicle Transport A ct, 1987 (C anada) or any regulations or by-laws under any of those A cts or the regulations under the Licensing of Trades and Businesses A ct relating to the sale of motor fuel, the B oard may for that reason or for any other cause suspend the certificate, either for a specified period or indefinitely, or revoke it.

(2) This

section comes into force on Proclamation. Motor Vehicle Administration Act A m e n d s R S A 1980 cM -22 11(1) The Motor Vehicle A dministration A ct is amended in

section 57(1)(

a) by striking out “or of the Fuel Oil Licensing A ct, or of The Fuel Oil Tax A ct, or of the Fuel Oil A dministration A ct”. 23

(

b) to be licensed as a salesperson or in some other capacity while acting on behalf of a person referred to in clause (

a) carries on business or so acts without being registered or licensed or while his licence is cancelled or suspended, the Minister or any person authorized by the Minister may apply to the Court of Queen's Bench for an order restraining the person and his employees and agents from carrying on business or so acting until he is registered or licensed or the suspension is terminated.

(14) C oming into force. Motor Transport Act 10(1) A mends

chapter M-20 of the Revised Statutes of A lberta 1980.

Section 24(1) presently reads: 24(1) If the Board is satisfied that the person to whom a certificate has been issued pursuant to this A ct has, either by himself or his agent or employee, contravened this A ct or the regulations, the Highway Traffic A ct, the Motor Vehicle A dministration A ct, The Fuel Oil Tax A ct, the Fuel Oil A dministration A ct, the Fuel Tax A ct, the Fuel Oil Licensing A ct, the Municipal Government A ct, the Unfair Trade Practices A ct, the Criminal Code (Canada), the Motor Vehicle Transport A ct (Canada) or any regulations or by-laws under any of those A cts, the Board may for that reason or for any other cause, suspend the certificate, either for a specified period or indefinitely, or revoke it.

(2) C oming into force. Motor Vehicle Administration Act 11(1) A mends

chapter M-22 of the Revised Statutes of A lberta 1980.

Section 57(1)(

a) presently reads: 57(1) Subject to subsection (1.1), the Minister may suspend or cancel an operator’s licence or a certificate of registration or permit issued under this A ct (

a) for a contravention of this A ct or the regulations, or of the Highway Traffic A ct or the regulations under that 23 Explanatory Notes

(2) This

section comes into force on Proclamation. Public Auctions Act A m e n d s S A 1 9 8 1 cP -25.1 12(1) The Public A uctions A ct is amended by this section.

(2) Section 4(1) is repealed and the following is substituted: 4(1) A n application for a licence must be made to the Director in the form prescribed by the Director and must be accompanied by the prescribed fee.

(1.1) The Director may issue the licence applied for (

a) if the Director is satisfied that the applicant meets the requirements of this A ct and the regulations, and (

b) if, in the opinion of the Director, it is in the public interest to do so. Public Service Employee Relations Act A m ends R S A 1980 cP -3 3 13(1) The Public Service Employee Relations A ct is amended in the

Schedule by repealing

section 1(b).

(2) This

section comes into force on Proclamation. Repeal R epeals 14 The following A cts are repealed: (

a) A n A ct to A uthorize and Permit the City of Edmonton to Enter into a Certain A greement with Calgary Power Ltd (SA 1961 c27); ' (

b) A n A ct to Confirm Order In Council No. 1275-52 dated the 8th day of September, 1952 (SA 1953 c61). 24

A ct, or of the Fuel Oil Licensing A ct, or of The Fuel Oil Tax A ct, or of the Fuel Oil A dministration A ct or of the Fuel Tax A ct, or of the Motor Transport A ct or the regulations under that A ct,

(2) C oming into force. Public Auctions Act 12(1) A mends

chapter P-25.1 of the Statutes of A lberta, 1981.

(2) Section 4(1) presently reads: 4(1) The Director may, (

a) on application in a form prescribed by him, (

b) on payment of the fee prescribed in the regulations, and (

c) on being satisfied that the applicant meets the requirements of this A ct and the regulations, issue to the applicant a licence in the form prescribed by the Director. Public Service Employee Relations Act 13(1) A mends

chapter P-33 of the Revised Statutes of A lberta

Section 1(

b) of the

Schedule presently reads: 1 A ll the following employers and all of the persons employed by them: (

b) The A lberta Educational Communications Corporation;

(2) C oming into force. Repeal 1 4 Repeal of obsolete legislation. 24 Explanatory Notes Title: 1996 (23rd, 4th) B ill 7, Municipal A ffairs Statutes A mendment and Repeal A ct, 1996