Bill 42 — Second Session, 21St Legislature, 36 Elizabeth Ii the Legislative Assembly of Alberta Bill 42 Miscellaneous Statutes Amendment-Act, 1987 the Attorney General (Legislature 21, Session 2)

L21 S2 3089

Alberta — Bills

1987 BILL 42 Second Session, 21st Legislature, 36 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 42 MISCELLANEOUS STATUTES AMENDMENT-ACT, 1987 THE ATTORNEY GENERAL First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bid 42 BILL 42 1987 MISCELLANEOUS STATUTES AMENDMENT ACT, 1987 (Assented to , 1987) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Alberta Evidence Act is amended in

section 30(1 )(c) (

a) by striking out "Clerk or Deputy or acting"; (

b) by cuiding "or a person designated by him" after "Council". 2 The Alberta Health Care Insurance Act is amended in

section 31(3)(

a) by striking out 'Federal-Provincial Fiscal Arrangements and Establishment Programs Financing Act, 1977" and substituting 'Fed eral-Provincial Fiscal Arrangements and Federal Post-Secondary Ed ucation and Health Contributions Act, 1977". 3 The Alberta Mortgage and Housing Corporation Act is amended in

section 29 by striking out "section 9(2)(i)" and substituting "section 7(2)(i)". 4 The Assured Income for the Severely Handicapped Act is amended by repealing

section 4(6). 5 The Change of Name Act is amended in

section 14(3) by striking out''\o;\

Explanatory Notes 1 This

section will amend

chapter A-21 of the Revised Statutes of Alberta

Section 30(1 )(

c) presently reads: (

c) of a copy of or extract from the proclamation, order, regulation or appointment and purporting to be certified to be a true copy by a Minister or head of a department or by the Clerk or Deputy or acting Clerk of the Executive Council or by the head of a department of the Government of Canada or of a provincial or territorial government or by his deputy or acting deputy. 2 This

section amends

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

Section 31(3)(

a) presently reads: 31(3) The following shad be paid into the Fund: (

a) money received from the Government of Canada under the Federal-Provincial Fiscal Arrangements and Establishment Programs Financing Act, 1977 (Canada) deemed by the Provincial Treasurer to be contributions to Alberta with respect to health care; 3 This

section will amend

chapter A-32.5 of the Statutes of Alberta,

Section 29 presently reads in part: 29 The Corporation may exercise any power, perform any duty or fulfil any function that is delegated to U under

section 9(2)(

i) of the Department of Municipal Affairs Act with respect to the providing of money by way of grants for 4 This

section amends

chapter A-48 of the Revised Statutes of Alberta 1980.

Section 4(6) presently reads:

(6) Notwithstanding subsection (2), a person who receives an allowance or pension under (a), (

b) and (

c) repealed RSA 1980 c21(supp.) ssl,2,3, is not eligible to receive a handicap benefit or modified amount of handicap benefit. 5 This

section amends

chapter C-4 of the Revised Statutes of Alberta 1980 by striking out a reference to an enactment that has been repealed.

Section 14(3) presently reads:

(3) If on an application to change a given name or the surname of a child the consent of some other person is required under

section 5, 6, 7, 10, 11 "] Explanatory Notes

6 The Child Welfare Act is amended in

section l(3)(a)(ii) by adding "if" hpfnrp "there". 'if" before "there 7 The Engineering, Geological and Geophysical Professions Act is amended in

section 92 by striking out "section 3(b)" and substituting "section 2(b)". 8 The Federal-Provincial Farm Assistance Act is amended in sections 2 and 3 by striking out "section 2" and substituting "section 1". 9 The Freehold Mineral Rights Tax Act is amended in

section 16 by striking out "and cannot" and substituting "and a tax artears notifi cation cannot". 10 The Gas Utilities Act is amended in

section 52(3) by striking out "3(4),". 11 The Had and Crop Insurance Act is amended by repealing

section 4(5f 12 The Highway Traffic Act is amended in

section l(o.l) (

a) by adding "or" at the end of subclause (iii); (

b) by repealing subclause (iv).

or 12 and the applicant is unable to obtain the consent of the other person, the Court of Queen's Bench, having regard to the best interests of the child, may dispense with the consent of the other person to the change of name. 6 This

section will amend

chapter C-8.1 of the Statutes of Alberta, 1984.

Section l(3)(a)(ii) presently reads in part:

(3) For the purposes of this Act, (

a) a child is emotionally injured (ii) there are reasonable and probable grounds to believe that the emotional injury is the resuU of 7 This

section amends

chapter E-11.1 of the Statutes of Alberta, 1981. Sec tion 92 presently reads: 92 The Licensing of Trades and Businesses Act is amended in

section 3(

b) by striking out ' Engineering and Related Professions Act" and substituting "Engineering, Geological and Geophysical Professions Act". 8 This

section amends

chapter F-7 of the Revised Statutes of Alberta 1980. Sections 2 and 3 presently read: 2 An agreement under

section 2 is effective on the approval of the Lieu tenant Governor in Councd and shad be tabled in the Legislative Assembly within 15 days afier the commencement of the session of the Legislature next ensuing after the agreement is entered into. 3 If an agreement under

section 2 requires the modification or amend ment of any existing legislation in force in Alberta, the agreement shad be made subject to validation at the next ensuing session of the Legislature. 9 This

section amends

chapter F-19.1 of the Statutes of Alberta, 1983. Sec tion 16 presently reads: 16 Notwithstanding any statute, judgment or order any tax, interest or penalty evidenced by a memorandum of a tax arrears notification on a certificate of title constitutes a charge on a taxable mineral right and cannot be discharged except under

section 14(3) or by the vesting of the mineral right in the Crown under

section 15. 10 This

section amends

chapter G-4 of the Revised Statutes of Alberta 1980.

Section 52(3) presently reads: (3) Sections 3(4), 4, 7, 9, 10, 11. 13 and 15 of the Public Utilities Board Act apply to the Gas Utilities Board as if the references to the Board in U were references to the Gas UtilUies Board. 11 This

section amends

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

Section 4(5) presently reads:

(5) In the case of members of the corporation who are members of the Legislative Assemblv, the acceptance of travelling and living expenses pay able under subsection (4) must be authorized by the Lieutenant Governor in Councd. 12 This

section amends

chapter H-7 of the Revised Statutes of Alberta 1980.

Section l(o.l){iii) and (iv) presently read: (iii) a special constable. (iv) a patrol officer of the Department of the Solicitor General, or Explanatory Nolcs

13 The Liquor Control Act is amended (

a) in

section 95 (

i) in subsection (2) by striking out all the words preceding clause (

a) and substituting the following:

(2) No licensee or permittee and no employee or agent of a hcensee or permittee shall (ii) in subsection (3) by adding "or employee or agent of a licensee" after "licensee"; (

b) in

section 108(1) (

i) by striking out "or a peace officer" wherever d occurs: (ii) in clause (

b) by striking out "or peace officer"; (

c) by renumbering

section 140(1) as

section 140. 14 The Mines and Minerals Act is amended in

section 1.1(2) by striking out "section, quarter-section" and substduting "section, half- section, quarter-section". 15 The Motor Vehicle Administration Act is amended (

a) in

section l(q) (

i) by adding "or" after subclause (iii); (ii) by repealing subclause (iv); (

b) in

section 14(4) by striking out "69" and substituting "75"; (

c) by repealing

section 14(6).

13 This

section amends

chapter L-17 of the Revised Statutes of Albcrla 1980. Sections 95(2) and (3), 108 and 140 presently read in part: 95(2} No licensee (or employee or agent of a licensee) or permittee and nn employee or agent of a licensee or employee or agent of a licensee or permittee shall

(3) No licensee shall (

a) allow dancing in the licensed premises, except if authorized under the regulatu)ns, (

h) allow any person to play in the licensed premises, any sport or ^ame. except if authorized under the regulations, or (

c) allow a disorderly or intoxicated person to he in or about the prem ises. 108(1) A person who is in or has charge of a building or premises referred to in

section 114 is guilty of an ofi'ence if he (

a) refuses or fails to admit an inspector or a peace officer who de mands to enter in the execution of his duty, pursuant to

section 114, or (

b) obstructs or attempts to obstruct the entry of an inspector or a peace officer or any search by the inspector or peace officer pursuant to

section 114. (2) ,{ railway company, express company or common carrier and an of ficer or employee of that company or common carrier who neglects or refuses to produce and submit for inspection any hook, record or document referred to in

section 121 when requested to do so by the Board or hy a person appointed hy it is guilty (fan ofi'ence. 140(1) Thc question that may he submitted to a vote in a plebiscite in thc case of a local option area described in

section I33(l)(

c) is: Are you in favour of thc sale of liquor for consumption in appropriately licensed premises'.' 14 This

section amends

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

Section 1.1(2) presently reads:

(2) For the purposes of this .[ct, a reference to a township, section, half- section, quarter-section or legal subdivision shall, in respect of land in unsurveyed territory he deemed to refer to what would he a township, section, quarter-section or legal subdivision if thc land were surveyed in accordance with the Surveys Act. 15 This

section amends

chapter M-22 of the Revised Statutes of Albcrta 1980.

Section l(q)(iii) and (iv) and

section 14 presently read m part: (iii) a special constahlc. (iv) a patrol officer of the Department of thc Solicitor General, or

(4) A person of the age of 69 years or over who applies for an operator's licence or renews an operator's licence shall (

a) hie a medical examination certihcate in the form provided hy thc Rcglstrar, completed and signed hy a physician, and (

b) submit to a vision .screening examination hy a driver examiner

(6) A tncdical examination certificate filed under subsection (4l must have been completed within ISO days prior to thrdate ofhling ExplanatorN Notes

16 The Municipal and School Administration Act is amended in sec tion 16(l)(

a) by striking out "city of" and substituting "city or". 17 The Municipalities Assessment and Equalization Act is amended in

section 13(2) by striking out "vice-chairman" and substituting "chairman". 18 The Nursing Homes Act is amended in

section 31(

o) by striking out "(m)" and substituting "(n)". 19 The Ombudsman Act is amended in

section 24(2) by striking out "Omdudsman shall" and substituting "Ombudsman shall". 20 The Psychology Profession Act is amended by renumbering

Part 10 as

Part 9. 21 The Public Utilities Board Act is amended (

a) in sections 81(

a) and 91(l)(

a) by striking out "travel allow ance" and substituting "mileage or kilometre rate"; (

b) in

section 103(4) by striking out "subsection" and substituting "subsections". 22 The Tax Recovery Act is amended in

section 7(2) by striking out after then" and substituting "other than".

16 This

section amends

chapter M-29 of the Revised Statutes of Alberta

Section 16(l)(

a) presently reads: 16(1) The councd of a city or town may enter into an agreement with the board of the separate school district of the city or town, (

a) for the inclusion of the district in the city of town, or 17 This

section amends

chapter M-32 of the Revised Statutes of Alberta 1980.

Section 13(2) presently reads:

(2) The Lieutenant Governor in Councd shad appoint one of the members as vice-chairman who shad be a full time member of the Board. 18 This

section amends

chapter N-14.1 of the Statutes of Alberta,

Section 31 presently reads in part: (

o) prescribing the basis for the sharing of the costs of the care referred to in clause (

m) by the Government and the resident and the basis for includ ing the care in nursing home care. 19 This

section amends

chapter 0-7 of the Revised Statutes of Alberta 1980.

Section 24(2) presently reads:

(2) Neither the Ombudsman nor any person holding an office or appoint ment under the Omdudsman shad be called on to give evidence in any court or in any proceedings of a judicial nature in respect of any thing coming to his knowledge in the exercise of his functions under this Act. 20 This

section amends

chapter P-25.01 of the Statutes of Alberta, 1985. 21 This

section amends

chapter P-37 of the Revised Statutes of Alberta 1980. Sections 81(a), 91(l)(

a) and 103(4) presently read: 81 The Board, either on its own initiative or on the application of a person having an interest, may by order in writing, which shall be made after giving notice to and hearing the parties interested, (

a) fix just and reasonable individual rates, joint rates, tolls or charges or schedules thereof, as wed as commutation, travel allowance and other special rates, which shad be imposed, observed and followed thereafter by the owner of the public utility; 91(1) No owner of a public utility shad (

a) make, impose or extract an unjust or unreasonable or unjustly discriminatory or unduly preferential individual or joint rate, com mutation rate, travel allowance or other special rate, tod, fare, charge or

schedule for any product or service supplied or rendered by U within Alberta, 103(4) Subject to subsection (5) and (5.1),

Part 2 applies, with ad necessary modifications, to a public utility within any area to which this

section applies and in respect of any public utility of a proprietor municipalUy as though a by-law had been passed and approved by the Lieutenant Gover nor in Councd under

section 102 bringing its public utility under this Act. 22 This

section amends

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

Section 7(2) presently reads:

(2) The prescribed form shad give notice that the parcel may be sold by public auction if the taxes due in respect of it. after then current taxes, are not paid by the following Aprd I. Explanatory Notes

23 The Trustee Act is amended in

section 14(5)(

c) by striking out "but, when only" and substituting "but, except when only". 24 The Workers' Compensation Act is amended in

section 9(3) by striking out "Disaster Services Act" and substituting 'Public Safety Services Act".

23 This

section amends

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

Section 14(5)(

c) presently reads:

(5) When a new trustee is appointed for the whole or any part of trust property, (

c) it is not obligatory that more than one new trustee be appointed when only one trustee was originally appointed or to fid up the original number of trustees when more than 2 trustees were originally ap pointed, but, when only one trustee was originally appointed, a trustee shad not be discharged under this

section from his trust unless there wid be at least 2 trustees to perform the trust, and 24 This

section will amend

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

Section 9(3) presently reads:

(3) For the purposes of subsection (2), "disaster" and "emergency" have the meanings assigned them in the Disaster Services Act. Explanatory Notes Title: 1987 (21st, 2nd) Bill 42, Miscellaneous Statutes Amendment Act, 1987

Document details

Collection	Alberta — Bills
Citation	L21 S2 3089
Type	bill
Volume / chapter	L21 S2 3089
Language	en
Format	json
Source	PROVINCIAL
Identifier	3c3bc2ca3db92b7ca37b2c79b29177e30b388569

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