1989 BILL 234 First Session, 22nd Legislature, 38 Elizabedi II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 234 CONSUMER ADVOCATE ACT MR. TAYLOR First Reading , Second Reading , Committee of the Whole Third Reading Royal Assent

Bill 234 Mr. Taylor BILL 234 1989 CONSUMER ADVOCATE ACT (Assented to ,1989) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 1 In this Act, (a) "Advocate" means the Consumer Advocate appointed pursuant to

section 2; (b) "consumer" includes a depositor or certificate holder in a financial institution and an investor in a corporation or partnership; (c) "Fund" means the Consumer Advocacy Fund established pursuant to

section 3; (d) "regulatory hearing" means a hearing at which interested members of the public have the right to make submissions before any board, agency, bureau, commission or councU created by or pursuant to an enactinent, where the hearing is preliminary to the decision of the body relating to the making of an order or the issue of a regulation or decision which wiU affect the public or a class of the public; (e) "Select Standing Committee" means the Select Standing Committee on Legislative Offices.

Consumer Advocate 2(1) There shaU be appointed pursuant to this Act a Consumer Advocate.

(2) The Advocate is an officer of the Legislature.

(3) The Lieutenant Governor in Council shaU appoint the Advocate on the recommendation of the Assembly for a term of 5 years.

(4) If a vacancy occurs while the Legislature is not in session, the Lieutenant Govemor in Council, on the recommendation of the Select Standing Committee, may appoint an Advocate to fill the vacancy, and unless his office sooner becomes vacant, the person so appointed hold office until an Advocate is appointed under subsection (1), but if an appointment under subsection (1) is not made within 30 days after the commencement of the next ensuing session, the appointment under this subsection lapses and there shaU bc deemed to be another vacancy in die office of Advocate.

Fund established 3 The Lieutenant Govemor in Council may by order establish a fund to be known as the Consumer Advocacy Fund, into which may be paid any money appropriated to that purpose by the Legislature. Advocate's duties 4(1) The Advocate (

a) shaU administer the Fund; (

b) shall receive and determine applications for grants from the Fund, piu-suant to

section 5; (

c) may investigate eidier on his own motion or pursuant to a complaint received, any matter relating to the relationship between a consumer and a supplier carrying on business in Alberta; (

d) may represent, at a regulatory hearing, the interests of consumers in general or of a consumer or group of consumers who have a particular interest in the regulatory hearing whether or not diey have made an application for a grant or a complaint; (

e) may commence and continue legal proceedings, includ­ ing proceedings against die Crown, on behalf of any consumer or group of consumers when the Advocate considers U in the interest of die consumer, consumers or the pubUc to do so.

(2) The Advocate shall not investigate any matter over which the Ombudsman has jurisdiction. Grant application 5 Any person who has an interest in a regulatory hearing may apply to the Advocate in the prescribed manner for a grant from the Fund to assist with the preparation and presentation of a submission at a regulatory hearing. Regulations 6 The Lieutenant Govemor in CouncU shall issue regulations prescribing (

a) the form in which an application for a grant shaU be made; (

b) the terms and conditions on which a grant may be approved; (

c) the amount of a grant to be made available from the Fund; (

d) the purposes for which a grant from the Fund may be used in relation to a regulatory hearing; (

e) the conditions under which the Advocate may order that different applicants seeking grants for the same regulatory hearing shaU receive a combined grant for a combined presentation. Accounting for grant 7 Every person who receives a grant shall account to the Advocate for the purposes to which it is put. Notice of decision 8(1) On receipt of an appUcation pursuant to

section 5, the Advocate shaU consider the application and advise the applicant within 30 days of receipt of the application of the decision with respect to the grant and the reasons for the decision.

(2) The decision of die Advocate widi respect to an appUcation for a grant is final.

Annual report 9(1) The Advocate shall cause a report to be prepared in respect of each year mcluding an audited financial statement of die Fund and showing the name of each applicant for a grant, the purpose for which the grant was requested, the amount requested and the amount granted.

(2) The Advocate shall submit the report to die Minister of Consumer and Corporate Affaks no later dian May 1 in die year foUowing the year in respect of which the report is made.

(3) The Minister shaU table the report in die Legislative Assembly within 30 days of receiving it, if the Legislative Assembly is then sitting, and if it is not then sitting within 15 days of the commence­ ment of the next sitting. 10 The Auditor General is die auditor of the Fund. Coming into force 11 This Act comes mto force on Proclamation. Title: 1989 (22nd, 1st) Bill 234, Consumer Advocate Act