Bill 9 — First Session, 31St Legislature, 2 Charles Iii the Legisla Tive Assembly of Alberta Bill 9 Miscellaneous Statutes Amendment Act, 2023 (Legislature 31, Session 1)

L31 S1 12022

Alberta — Bills

2023 Bill 9 First Session, 31st Legislature, 2 Charles III THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 9 MISCELLANEOUS STATUTES AMENDMENT ACT, 2023 THE MINISTER OF TOURISM AND SPORT Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 9 BILL 9 2023 MISCELLANEOUS STATUTES AMENDMENT ACT, 2023 ( A s s e n t e d t o , 2 0 2 3 ) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Agricultural Pests Act Amends RSA 2000 cA-8 1(1) The Agricultural Pests Act is amended by this section.

(2) Section 1(1) is amended by renumbering clause (

a) as clause (a.1) and by adding the following before clause (a.1): (a) “business day” means a day other than a Saturday or a Sunday or other holiday;

(3) Section 12(3)(

c) is amended by striking out “double registered mail or certified mail” and substituting “registered mail”.

(4) Section 14 is amended

1 Explanatory Notes Explanatory Notes Agricultural Pests Act 1(1) Amends

chapter A-8 of the Revised Statutes of Alberta 2000.

(2) Adds definition. (3)

Section 12(3)(

c) presently reads:

(3) A notice issued under subsection (1) and a copy of the notice shall be in a form prescribed by the regulations and shall be served (

c) by sending it by double regi stered mail or certified mail to the last known address of the person who is intended to be served as shown on the assessment roll of the municipality within which the land, property or livestock to which it relates is located.

(4) Section 14 presently reads in part:

2 (

a) in subsection (3)(

b) by striking out “days” and substituting “business days”; (

b) in subsection (5) by striking out “at the beginning of each calendar year” and substituting “annually”; (

c) in subsection (6) by striking out “days” and substituting “business days”; (

d) in subsection (7) by striking out “double registered mail or certified mail” and substituting “registered mail”.

(5) Section 15(1) is amended by striking out “days” and substituting “business days”.

(6) Section 21(

r) is amended by striking out “ALSA” and substituting “Alberta Land Stewardship Act”.

(7) The following is added after

section 24: Transitional 25 If a notice has been issued and served by an inspector under

section 12 prior to the coming into force of this section, (

a) a notice of appeal in re spect of that notice must be served on the municipal secretary in accordance with

section 14(3)(

b) as it read immediately prior to the coming into force of this section,

2 Explanatory Notes

(3) A notice of appeal shall be served on the municipal secretary (

b) within the time specified in the notice issued under

section 12 for taking any measure, or within 10 days after service of the notice, whichever is less.

(5) A local authority shall at the beginning of each calendar year appoint a committee to hear and determine appeals under this

section and on receipt of a notice of appeal a local authority shall refer the appeal to that committee.

(6) Within 5 days after receipt of a notice of appeal, the committee shall hear and determine the appeal and the committee may confirm, rescind or vary the notice that was issued.

(7) The municipal secretary shall, on determination of the appeal, send a copy of the decision together with the written reasons, if any, by double registered mail or certified mail to the appellant.

(5) Section 15(1) presently reads: 15(1) An appellant who is dissatisfied with the decision of a committee under

section 14 may, within 3 days after the appellant receives a copy of the decision, request a review of the decision or a part of it by the Minister.

(6) Section 21(

r) presently reads: 21 The Minister may make regulations (

r) respecting compliance with and enforcement of ALSA regional plans.

(7) Transitional.

3 (

b) the committee shall hear and determine the appeal in accordance with

section 14(6) as it read immediately prior to the coming into force of this section, and (

c) an appellant who is dissatisfied with the decision of the committee and who wants to request a review of the decision must request a review of the decision in accordance with

section 15(1) as it read immediately prior to the coming into force of this section. Animal Keepers Act Amends SA 2005 cA-40.5 2(1) The Animal Keepers Act is amended by this section.

(2) Section 7(1)(

a) is amended by striking out “or” at the end of subclause (ii), by adding “or” at the end of subclause (iii) and by adding the following after subclause (iii): (iv) email to the email address provided by the owner or the person who brought the animal or gear to the animal keeper, Bee Act Amends RSA 2000 cB-2 3(1) The Bee Act is amended by this section.

(2) Section 1 is amended by adding the following after clause (f): (f.1) “business day” means a day other than a Saturday or a Sunday or other holiday;

3 Explanatory Notes Animal Keepers Act 2(1) Amends

chapter A-40.5 of the Statutes of Alberta, 2005.

(2) Section 7(1) presently reads in part: 7(1) If the owner of an animal or gear is known, the animal keeper must give at least 14 days’ notice of the proposed sale of the animal or gear (

a) to the owner by (

i) personal service, (ii) registered mail sent to the address provided by the owner or the person who brought the animal or gear to the animal keeper, or (iii) fax to the fax number prov ided by the owner or the person who brought the animal or gear to the animal keeper, Bee Act 3(1) Amends

chapter B-2 of the Revised Statutes of Alberta 2000.

(2) Adds definition.

4 (3)

Section 4(3) is amended by striking out “days” and substituting “business days”.

(4) Section 9(1)(

c) is amended by striking out “double registered mail or certified mail” and substituting “registered mail”.

(5) Section 10(1) is amended by striking out “days” and substituting “business days”.

(6) Section 11(1) is amended by striking out “5 days, not including holidays,” and substituting “5 business days”.

(7) The following is added after

section 14: Transitional 15(1) An application made under

section 4(2) prior to the coming into force of this

section must be served in accordance with

section 4(3) as it read immediately prior to the coming into force of this section.

(2) If an order made under

section 7 or 8 was served prior to the coming into force of this

section (

a) the Provincial Apiculturist may cause the order to be carried out under

section 10(1) as it read immediately prior to the coming into force of this section, and

4 Explanatory Notes (3)

Section 4(3) presently reads:

(3) A copy of the application to the court and a copy of each affidavit in support of it must be served not less than 3 days before the day named in the application for hearing the application.

(4) Section 9(1)(

c) presently reads: 9(1) An order under

section 7 or 8 must be served (

c) by being sent by double regi stered mail or certified mail to the last known address of the person who is intended to be served, as registered by the person pursuant to the regulations.

(5) Section 10(1) presently reads: 10(1) If an order under

section 7 or 8 is not complied with within 10 days after service of the order, the Provincial Apiculturist may cause the order to be carried out.

(6) Section 11(1) presently reads: 11(1) A person served with an order under

section 7 or 8 may appeal it in accordance with the regulations within 5 days, not including holidays, of being served with the order.

(7) Transitional.

5 (

b) a person served with the o rder and who wants to appeal the order must appeal the order in accordance with

section 11(1) as it read immediately prior to the coming into force of this section. Business Corporations Act Amends RSA 2000 cB-9 4(1) The Business Corporations Act is amended by this section.

(2) Section 266(

o) is amended by striking out “kept.;” and substituting “kept;”. Consumer Protection Act Amends RSA 2000 cC-26.3 5(1) The Consumer Protection Act is amended by this section.

(2) Section 158(2)(

a) is amended by striking out “appeal’s” and substituting “appeal”. Cooperatives Act Amends SA 2001 cC-28.1 6(1) The Cooperatives Act is amended by this section.

(2) Section 279(4)(

a) is amended by striking out “subject to subsection (6),”.

5 Explanatory Notes Business Corporations Act 4(1) Amends

chapter B-9 of the Revised Statutes of Alberta 2000.

(2) Corrects punctuation. Consumer Protection Act 5(1) Amends

chapter C-26.3 of the Revised Statutes of Alberta 2000.

(2) Section 158(2)(

a) presently reads:

(2) The Director may not bring an application under this

section (

a) until the time for appealing the Director’s order has passed without an appeal’s being made, or Cooperatives Act 6(1) Amends

chapter C-28.1 of the Statutes of Alberta, 2001.

(2) Section 279(4)(

a) presently reads:

(4) If an application is made under this section, the Court may make any order it thinks fit, including an order (

a) respecting the giving of notice of the application, subject to subsection (6),

6 Education Act Amends SA 2012 cE-0.3 7(1) The Education Act is amended by this section.

(2) Section 33(1)(

g) is amended by striking out “education;” and substituting “education,”.

(3) Section 96.93(1) is amended (

a) by striking out “of sufficiency” after “declaration”; (

b) by striking out “section 96.92(2)(a)” and substituting “section 96.91(

a) or 96.92(2)(a)”.

(4) Section 225.992(5) is amended by striking out “or hearing”.

(5) Section 225.9999 is amended (

a) in subsection (1) (

i) by repealing clause (

a) and substituting the following: (

a) subject to subsection (3) , in the case of a certificate that is suspended when the information is published in the online registry or that was suspended on or after January 1, 1990, (

i) the date the suspension became effective, (ii) if the suspension has ended, the date on which it ended, (iii) if the suspension is set to end on a future date, the future date on which it is set to end and whether it is subject to being ended earlier, and

6 Explanatory Notes Education Act 7(1) Amends

chapter E-0.3 of the Statutes of Alberta, 2012.

(2) Corrects punctuation.

(3) Section 96.93(1) presently reads in part: 96.93(1) Within 2 days of the day on which a secretary publishes a declaration of sufficiency in accordance with

section 96.92(2)(a), the representative recall petitioner must

(4) Section 225.992(5) presently reads:

(5) On concluding a mediation process, the panel member shall send a written report to the Commissioner that includes the panel member’s opinion as to whether the complaint should be considered resolved or if an investigation or hearing should be conducted.

(5) Section 225.9999 presently reads in part: 225.9999(1) The Minister shall publish or cause to be published in the online registry all of the following information about each individual in respect of whom information is required to be published under

section 225.9998(4): (

a) in the case of a certificate that is suspended when the information is published in the online registry or that was suspended on or after January 1, 1990, other than where the certificate (

i) is automatically susp ended by

section 225.99, or (ii) was automatically suspended by (

A) section 27.2 of the Te aching Profession Act, or (

B) a regulation made under

section 201 or 224 that automatically suspends certificates where an individual is convicted of a prescribed offence that proceeds by indictment,

7 (iv) whether the length of the suspension is subject to being extended; (ii) in clause (c) (

A) in subclause (

i) by striking out “225.991(1)(b)” and substituting “225.991(1)(a)”; (

B) in subclause (ii) by striking out “that” before “was cancelled”; (iii) in clauses (

d) and (

e) by striking out “a finding of professional incompetence or unprofessional conduct” and substituting “a finding of professional incompetence or unprofessional conduct, or both”; (

b) by adding the following after subsection (2): (3) Subsection (1)(

a) does not apply where the certificate (

a) is automatically suspended by

section 225.99, or (

b) was automatically suspended by (

i) section 27.2 of the Teaching Profession Act, or (ii) a regulation made under

section 201 or 224 that automatically suspends certificates where an individual is convicted of a prescribed offence that proceeds by indictment.

7 Explanatory Notes (

I) the date the suspension became effective, (II) if the suspension has ended, the date on which it ended, (III) if the suspension is set to end on a future date, the future date on which it is set to end and whether it is subject to being ended earlier, and (IV) whether the length of the suspension is subject to being extended; (

c) in the case of a certificate that (

i) is cancelled by the Minister under

section 225.991(1)(b), or (ii) that was cancelled by the Minister under (

A) section 27.3(1)(

b) of the Teaching Profession Act, or (

B) a regulation made under

section 201 or 224 that authorizes cancellation where an individual is convicted of a prescribed offence that proceeds by indictment, an indication of that fact; (

d) in the case of a certificate that is suspended or cancelled when the information is published in the online registry or that was suspended on or after January 1, 1990, an indication as to whether the suspension or cancellation was imposed after a hearing relating to alleged professional incompetence or alleged unprofessional conduct, or both, and whether there was a finding of professional incompetence or unprofessional conduct; (

e) subject to

section 225.99992, in the case of a certificate that was suspended or cancelled on or after January 1, 1990 after a hearing relating to alleged professional incompetence or alleged unprofessional conduct, or both, an indication as to whether there was a finding of professional incompetence or unprofessional conduct;

(6) Section 225.99991(3) is amended by adding the following after clause (a): (a.1) all decisions of the Minister made under

section 225.994 (3) to do one or more of the actions described in

section 225.994(3)(b), (c), (

d) and (e);

(7) Section 225.99992 is amended (

a) by repealing subsection (1)(

b) and substituting the following: (

b) a decision or recommendation referred to in

section 225.9999(1)(h)(

i) or (ii) or 225.99991(1)(

b) or (

c) or (3)(a.1); (

b) in subsection (3)(

b) by striking out “section 225.9999, 225.99991 or 225.99992” and substituting “section 225.9999 or 225.99991”.

(8) Sections 225.99998(3)(

a) and 229.1(1) and (2) are amended by striking out “certificate of qualification as a teacher” and substituting “teaching certificate”.

8 Explanatory Notes

(6) Section 225.99991(3)(

a) presently reads:

(3) Subject to subsection (4) and

section 225.99992, the Minister shall publish or cause to be published in the online registry the following: (

a) all consent resolution agreeme nts entered into under

section 225.994;

(7) Section 225.99992 presently reads in part: 225.99992(1) The following information published in the online registry must not include personal information about any individual other than the individual whose certificate was suspended or cancelled, who was the subject of the finding of professional incompetence or unprofessional conduct or who made an admission of professional incompetence or unprofessional conduct: (

b) a decision or recommenda tion referred to in

section 225.9999(h)(

i) or (ii) or 225.99991(1)(

b) or (c);

(3) The Minister may (

b) decide not to publish any information referred to in

section 225.9999, 225.99991 or 225.99992 if the Minister is satisfied that publishing the information could cause injury or hardship to any individual, other than the individual whose certificate was suspended or cancelled or who was the subject of the finding of unprofessional conduct or professional incompetence.

(8) Sections 225.99998(3)(

a) and 229.1(1) and (2) presently read in part: 225.99998(3) An application for judicial review of (

a) a decision made under a regulation under

section 201 or 224 to issue, refuse to issue, suspend or cancel a certificate of qualification as a teacher, a leadership certificate or a superintendent leadership certificate, or must be commenced within 60 days from the day the decision or order is made.

(9) Section 259.1 is repealed. Fair Registration Practices Act Amends SA 2019 cF-1.5 8(1) The Fair Registration Practices Act is amended by this section.

(2) Section 1(1) is amended (

a) by repealing clause (

a) and substituting the following: (a) “applicant” means an individual who applies to a regulatory body of a designated trade or regulated profession to be registered in the designated trade or regulated profession, but does not include a labour mobility applicant as defined in the Labour Mobility Act; (

b) in clause (

m) by striking out “identified in

Schedule 1”;

9 Explanatory Notes 229.1(1) Before a board enters into a contract of employment with an individual in a position that requires the individual to hold a certificate of qualification as a teacher, a leadership certificate or a superintendent leadership certificate,

(2) Where an individual is employed by a board in a position that requires the individual to hold a certificate of qualification as a teacher, a leadership certificate or a superintendent leadership certificate,

(9) Section 259.1 presently reads: 259.1 An application for judicial review of (

a) a decision made under a re gulation under

section 201 or 224 to issue, refuse to issue, suspend or cancel a certificate of qualification as a teacher, a leadership certificate or a superintendent leadership certificate, or (

b) an order of the Minister made under a regulation under

section 201 or 224 that an individual be ineligible for one or more certificates must be commenced within 60 days from the day the decision or order is made. Fair Registration Practices Act 8(1) Amends

chapter F-1.5 of the Statutes of Alberta, 2019.

(2) Section 1(1) presently reads in part: 1(1) In this Act, (a) “applicant” means an indivi dual who applies to a regulatory body of a designated trade or regulated profession to be registered in the designated trade or regulated profession; (m) “regulated profession” me ans a profession regulated by a regulatory body identified in

Schedule 1;

10 (

c) by repealing clause (

n) and substituting the following: (n) “regulatory body” means a body or person identified in the Schedule.

(3) Section 23(1)(

a) is repealed and the following is substituted: (

a) amending the

Schedule by adding or removing a regulatory body;

(4) Schedules 1 and 2 are repealed and the following is substituted:

Schedule Alberta Association of Architects Alberta Association of Landscape Architects Alberta Boilers Safety Association Alberta College of Combined Laboratory and X-Ray Technologists Alberta College of Dental Hygienists Alberta College of Medical Diagnostic and Therapeutic Technologists Alberta College of Occupational Therapists Alberta College of Optometrists Alberta College of Paramedics Alberta College of Pharmacy Alberta College of Social Workers Alberta College of Speech-Language Pathologists and Audiologists Alberta Funeral Services Regulatory Board Alberta Human Ecology and Home Economics Association Alberta Institute of Agrologists Alberta Insurance Council Alberta Land Surveyors’ Association Alberta Motor Vehicle Industry Council Alberta Professional Outfitters Society Alberta Professional Planners Institute Alberta Securities Commission Alberta Shorthand Reporters Association Alberta Society of Professional Biologists Alberta Veterinary Medical Association Alberta Assessors’ Association

10 Explanatory Notes (n) “regulatory body” means a body identified in

Schedule 1 or a person identified in

Schedule 2. (3)

Section 23(1)(

a) presently reads: 23(1) The Lieutenant Governor in Council may make regulations (

a) amending

Schedule 1 or

Schedule 2 by adding or removing a regulatory body from the Schedule;

(4) Schedules 1 and 2 presently read:

Schedule 1 Alberta Association of Architects Alberta Association of Landscape Architects Alberta Boilers Safety Association Alberta College and Association of Chiropractors Alberta College and Association of Opticians Alberta College of Combined Laboratory and X-Ray Technologists Alberta College of Medical Diagnostic and Therapeutic Technologists Alberta College of Occupational Therapists Alberta College of Optometrists Alberta College of Paramedics Alberta College of Pharmacy Alberta College of Social Workers Alberta College of Speech-Language Pathologists and Audiologists Alberta Dental Association and College Alberta Funeral Services Regulatory Board Alberta Human Ecology and Home Economics Association Alberta Institute of Agrologists Alberta Insurance Council Alberta Land Surveyors’ Association Alberta Motor Vehicle Industry Council Alberta Professional Outfitters Society Alberta Professional Planners Institute Alberta Securities Commission Alberta Shorthand Reporters Association Alberta Society of Professional Biologists Alberta Veterinary Medical Association

11 Association of Alberta Forest Management Professionals Association of Professional Engineers and Geoscientists of Alberta Association of School Business Officials of Alberta Association of Science and Engineering Technology Professionals of Alberta Association of the Chemical Profession of Alberta Canadian Information Processing Society of Alberta Chartered Professional Accountants of Alberta College of Acupuncturists of Alberta College of Alberta Dental Assistants College of Alberta Denturists College of Alberta Psychologists College of Chiropractors of Alberta College of Dental Surgeons of Alberta College of Dental Technologists of Alberta College of Dietitians of Alberta College of Hearing Aid Practitioners of Alberta College of Licensed Practical Nurses of Alberta College of Medical Laboratory Technologists of Alberta College of Midwives of Alberta College of Naturopathic Doctors of Alberta College of Opticians of Alberta College of Physicians and Surgeons of Alberta College of Physiotherapists of Alberta College of Podiatric Physicians of Alberta College of Registered Nurses of Alberta College of Registered Psychiatric Nurses of Alberta College of Respiratory Therapists of Alberta Electrical Contractors Association of Alberta Horse Racing Alberta Institute of Certified Management Consultants of Alberta Law Society of Alberta Minister of Children and Family Services Minister of Education Minister of Environment and Protected Areas Minister of Forestry and Parks Minister of Jobs, Economy and Trade Minister of Municipal Affairs Minister of Public Safety and Emergency Services Minister of Service Alberta and Red Tape Reduction Minister of Transportation and Economic Corridors Real Estate Council of Alberta Safety Codes Council

11 Explanatory Notes Alberta Assessors’ Association Association of Alberta Forest Management Professionals Association of Professional Engineers and Geoscientists of Alberta Association of School Business Officials of Alberta Association of Science and Engineering Technology Professionals of Alberta Association of the Chemical Profession of Alberta Canadian Information Processing Society of Alberta Chartered Professional Accountants of Alberta College and Association of Acupuncturists of Alberta College and Association of Registered Nurses of Alberta College and Association of Respiratory Therapists of Alberta College of Alberta Dental Assistants College of Alberta Denturists College of Alberta Psychologists College of Dental Technologists of Alberta College of Dietitians of Alberta College of Hearing Aid Practitioners of Alberta College of Licensed Practical Nurses of Alberta College of Medical Laboratory Technologists of Alberta College of Midwives of Alberta College of Naturopathic Doctors of Alberta College of Physicians and Surgeons of Alberta College of Podiatric Physicians of Alberta College of Registered Dental Hygienists of Alberta College of Registered Psychiatric Nurses of Alberta Electrical Contractors Association of Alberta General Insurance Council Horse Racing Alberta Institute of Certified Management Consultants of Alberta Insurance Adjusters’ Council Insurance Brokers Association of Alberta Law Society of Alberta Life Insurance Council Physiotherapy Alberta College + Association Real Estate Council of Alberta Safety Codes Council Society of Local Government Managers of Alberta Supply Chain Management Association Alberta

Schedule 2 Minister of Children’s Services Minister of Education Minister of Environment and Protected Areas Minister of Forestry, Parks and Tourism

12 Society of Local Government Managers of Alberta Supply Chain Management Association Alberta Farm Credit Stability Act Repeals RSA 2000 cF-6 9 The Farm Credit Stability Act is repealed. Geothermal Resource Development Act Amends SA 2020 cG-5.5 10(1) The Geothermal Resource Development Act is amended by this section.

(2) Section 3(1) is amended by renumbering it as

section 3. Health Information Act Amends RSA 2000 cH-5 11(1) The Health Information Act is amended by this section.

(2) Section 1(1)(f)(viii) is amended by striking out “subclauses (

i) to (vii)” and substituting “subclauses (

i) to (vi)”. (3)

Section 11(1)(

d) is amended by striking out “section 1(1)(f)(iii), (iv) or (vii)” and substituting “section 1(1)(f)(iii) or (iv)”.

(4) Section 27(2) is amended by striking out “section 1(1)(f)(iii), (iv), (vii), (ix.1), (xii) or (xiii)” and substituting “section 1(1)(f)(iii), (iv), (ix.1), (xii) or (xiii)”.

(5) Section 56.1 is amended (

a) in clause (b)(

i) by striking out “section 1(1)(f)(iii), (iv), (vii), (xii) or (xiii), other than the Health Quality Council of

12 Explanatory Notes Minister of Jobs, Economy and Northern Development Minister of Municipal Affairs Minister of Public Safety and Emergency Services Minister of Service Alberta and Red Tape Reduction Minister of Transportation and Economic Corridors Farm Credit Stability Act 9 Repeals

chapter F-6 of the Revised Statutes of Alberta 2000. Geothermal Resource Development Act 10(1) Amends

chapter G-5.5 of the Statutes of Alberta, 2020.

(2) Corrects

section reference. Health Information Act 11(1) Amends

chapter H-5 of the Revised Statutes of Alberta 2000.

(2) Updates cross-reference.

(3) Updates cross-reference.

(4) Updates cross-reference.

(5) Section 56.1 presently reads in part: 56.1 In this Part, (b) “authorized custodian” means

13 Alberta” and substituting “section 1(1)(f)(iii), (iv), (xii) or (xiii)”; (

b) by repealing clause (

d) and substituting the following: (d) “regulated health pro fessional” means a regulated member under the Health Professions Act.

(6) Section 56.3(4) is repealed and the following is substituted:

(4) A failure by a regulated health professional to comply with a direction of the health professional body under subsection (1) or of the Minister under subsection (2) constitutes unprofessional conduct by the regulated health professional under the Health Professions Act. Health Professions Act Amends RSA 2000 cH-7 12(1) The Health Professions Act is amended by this section.

(2) Section 1(1)(

k) is amended by striking out “regulations” and substituting “standards of practice of a council”.

(3) Schedule 2 is amended (

a) by repealing

section 1 and substituting the following:

13 Explanatory Notes (

i) a custodian referred to in

section 1(1)(f)(iii), (iv), (vii), (xii) or (xiii), other than the Health Quality Council of Alberta, and (d) “regulated heal th professional” means (

i) a regulated member under th e Health Professions Act, or (ii) a person registered under the Health Disciplines Act.

(6) Section 56.3(4) presently reads:

(4) A failure by a regulated health professional to comply with a direction of the health professional body under subsection (1) or of the Minister under subsection (2) constitutes (

a) in the case of a regulated member under the Health Professions Act, unprofessional conduct; (

b) in the case of a person registered under the Health Disciplines Act, professional misconduct. Health Professions Act 12(1) Amends

chapter H-7 of the Revised Statutes of Alberta 2000.

(2) Section 1(1)(

k) presently reads: 1(1) In this Act, (k) “continuing competence program” means a program of continuing competence provided for in the regulations;

(3) Schedule 2 presently reads in part: 1 On the coming into force of this Schedule, the corporation known as The College of Chiropractors of Alberta is continued as a corporation under the name Alberta College and Association of Chiropractors.

14 Continuation of corporation 1 The corporation known as Alberta College and Association of Chiropractors is continued as a corporation under the name College of Chiropractors of Alberta. (

b) in sections 2 and 4 by striking out “Alberta College and Association of Chiropractors” and substituting “College of Chiropractors of Alberta”; (

c) by adding the following after

section 5: Transitional 5.1 On the coming into force of this section, (

a) the members of the counc il of the Alberta College and Association of Chiropractors continue as members of the council of the College of Chiropractors of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (

b) the registrar of the Albe rta College and Association of Chiropractors continues as the registrar of the College of Chiropractors of Alberta for the same term of office unless the term is terminated earlier under this Act; (

c) the president of the Alberta College and Association of Chiropractors continues as the president of the College of Chiropractors of Alberta for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the competence committee of the Alberta College and Association of Chiropractors continue as members of the competence committee of the College of Chiropractors of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (

e) the members of the registration committee of the Alberta College and Association of Chiropractors continue as members of the registration committee of the College of Chiropractors of Alberta for the same terms of office unless their terms are terminated earlier under this Act. (

d) by adding the following after

section 6:

14 Explanatory Notes 2 A regulated member of the Alberta College and Association of Chiropractors may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (

a) Chiropractor; (

b) Doctor of Chiropractic; (

c) D.C. 4 Column 3 of the unprofessional conduct fines table applies to proceedings of the Alberta College and Association of Chiropractors under

Part 4. 5 On the coming into force of this Schedule, (

a) the members of the Council under the Chiropractic Profession Act continue as members of the council of the Alberta College and Association of Chiropractors under this Act for the same terms of office unless their terms are terminated earlier under this Act; (

b) the Registrar of The College of Chiropractors of Alberta under the Chiropractic Profession Act continues as the registrar of the Alberta College and Association of Chiropractors under this Act for the same term of office unless the term is terminated earlier under this Act; (

c) the president of The College of Chiropractors of Alberta under the Chiropractic Profession Act continues as the president of the Alberta College and Association of Chiropractors under this Act for the same term of office unless the term is terminated earlier under this Act; (

d) if a review of a practice has commenced but not concluded, the members of the Practice Review Board of The College of Chiropractors of Alberta under the Chiropractic Profession Act continue as members of the Practice Review Board for the purposes of the review and as members of the competence committee of the Alberta College and Association of Chiropractors under this Act until the practice review is concluded, as if this

Schedule and

Part 3 had not come into force and the former Act had not been repealed; (

e) if a referral has been made to the Discipline Committee under

section 46(

b) of the Chiropractic Profession Act and

15 Transitional 6.1 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the Alberta College and Association of Chiropractors is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Chiropractors of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act.

(4) Schedule 5 is amended (

a) by repealing

section 1 and substituting the following: Continuation of corporation 1 The corporation known as College of Registered Dental Hygienists of Alberta is continued as a corporation under the name Alberta College of Dental Hygienists. (

b) in sections 2 and 4 by striking out “College of Registered Dental Hygienists of Alberta” and substituting “Alberta College of Dental Hygienists”; (

c) by adding the following after

section 5: Transitional 5.1 On the coming into force of this section, (

a) the members of the council of the College of Registered Dental Hygienists of Alberta continue as members of the council of the Alberta College of Dental Hygienists for

15 Explanatory Notes the hearing has commenced but not concluded, the members of the Discipline Committee continue as members of the Discipline Committee for the purposes of the hearing until it is concluded, as if this

Schedule and

Part 4 had not come into force and the former Act had not been repealed. 6(1) On the coming into force of this Schedule, a person who is a registered member or a registered practitioner under the Chiropractic Profession Act is deemed to be registered as a regulated member of, and is deemed to have been issued a practice permit by the registrar of, the Alberta College and Association of Chiropractors under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act.

(2) On the coming into force of this Schedule, a professional corporation that holds a permit under the Chiropractic Profession Act is deemed to be registered on the record of professional corporations of the Alberta College and Association of Chiropractors and is deemed to have been issued an annual permit under this Act until the annual permit expires or is cancelled under this Act.

(4) Schedule 5 presently reads in part: 1 On the coming into force of this Schedule, the corporation known as the Alberta Dental Hygienists’ Association is continued as a corporation under the name College of Registered Dental Hygienists of Alberta. 2 A regulated member of the College of Registered Dental Hygienists of Alberta may, as authorized by the regulations, use the following titles, abbreviations and initials: (

a) dental hygienist; (

b) registered dental hygienist; (

e) DH; (

f) RDH. 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Registered Dental Hygienists of Alberta under

Part 4.

16 the same terms of office unless their terms are terminated earlier under this Act; (

b) the registrar of the Co llege of Registered Dental Hygienists of Alberta continues as the registrar of the Alberta College of Dental Hygienists for the same term of office unless the term is terminated earlier under this Act; (

c) the president of the College of Registered Dental Hygienists of Alberta continues as the president of the Alberta College of Dental Hygienists for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the competence committee of the College of Registered Dental Hygienists of Alberta continue as members of the competence committee of the Alberta College of Dental Hygienists for the same terms of office unless their terms are terminated earlier under this Act; (

e) the members of the registration committee of the College of Registered Dental Hygienists of Alberta continue as members of the registration committee of the Alberta College of Dental Hygienists for the same terms of office unless their terms are terminated earlier under this Act. (

d) by adding the following after

section 6: Transitional 6.1 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the College of Registered Dental Hygienists of Alberta is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Dental Hygienists subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act.

16 Explanatory Notes 5 On the coming into force of this Schedule, (

a) the members of the Council of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act continue as members of the council of the College of Registered Dental Hygienists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (

b) the registrar of the Albert a Dental Hygienists’ Association under the Dental Disciplines Act continues as the registrar of the College of Registered Dental Hygienists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (

c) the president of the Albert a Dental Hygienists’ Association under the Dental Disciplines Act continues as the president of the College of Registered Dental Hygienists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the Registration Committee of the Alberta Dental Hygienists’ Association under the bylaws under the Dental Disciplines Act continue as members of the registration committee of the College of Registered Dental Hygienists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (

e) if

section 41(1) of the Dental Disciplines Act has been complied with in respect of the Alberta Dental Hygienists’ Association and a hearing has commenced but not concluded, the members of the Discipline Committee of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act continue as members of the Discipline Committee for the purpose of the hearing until it is concluded, as if this

Schedule and

Part 4 had not come into force and the former Act had not been repealed with respect to the dental discipline of dental hygienists. 6 On the coming into force of this Schedule, a person who is registered as an active member of the Alberta Dental Hygienists’ Association and who holds an annual certificate is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Registered Dental Hygienists of Alberta under this Act subject to the same conditions

(5) Schedule 7 is amended (

a) by repealing

section 1 and substituting the following: Continuation of corporation 1 The corporation known as Alberta Dental Association and College is continued as a corporation under the name College of Dental Surgeons of Alberta. (

b) in sections 2 and 4 by striking out “Alberta Dental Association and College” and substituting “College of Dental Surgeons of Alberta”; (

c) by adding the following after

section 5: Transitional 5.1 On the coming into force of this section, (

a) the members of the coun cil of the Alberta Dental Association and College continue as members of the council of the College of Dental Surgeons of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (

b) the president of the Alberta Dental Association and College continues as the president of the College of Dental Surgeons of Alberta for the same term of office unless the term is terminated earlier under this Act; (

c) the registrar of the Al berta Dental Association and College continues as the registrar of the College of Dental Surgeons of Alberta for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the competence committee of the Alberta Dental Association and College continue as members of the competence committee of the College of Dental Surgeons of Alberta for the same terms of office unless their terms are terminated earlier under this Act;

17 Explanatory Notes as under the former Act until the practice permit expires or is cancelled under this Act.

(5) Schedule 7 presently reads in part: 1 On the coming into force of this Schedule, the corporation known as The Alberta Dental Association is continued as a corporation under the name the Alberta Dental Association and College. 2 A regulated member of the Alberta Dental Association and College may, as authorized by the regulations, use any of the following titles: (

a) Dentist; (

b) Endodontist; (

c) Oral and Maxillofacial Surgeon; (

d) Orthodontist and Dentofacial Orthopedist; (

e) Pediatric Dentist; (

f) Periodontist; (

g) Prosthodontist; (

h) Oral Medicine and Pathology Specialist; (

i) Oral and Maxillofacial Radiologist; (

k) Public Health Dentist. 4 Column 3 of the unprofessional conduct fines table applies to proceedings of the Alberta Dental Association and College under

Part 4. 5 On the coming into force of this Schedule, (

a) the members of the Board of The Alberta Dental Association under the Dental Profession Act continue as members of the council of the Alberta Dental Association and College under this Act for the same terms of office unless their terms are terminated earlier under this Act;

18 (

e) the members of the registration committee of the Alberta Dental Association and College continue as members of the registration committee of the College of Dental Surgeons of Alberta for the same terms of office unless their terms are terminated earlier under this Act. (

d) by adding the following after

section 6: Transitional 6.1 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the Alberta Dental Association and College is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Dental Surgeons of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. (

e) by adding the following after

section 7: Transitional 7.1 On the coming into force of this section, a professional corporation registered on the record of professional corporations of the Alberta Dental Association and College is deemed to be registered on the record of professional corporations of the College of Dental Surgeons of Alberta and to be issued an annual permit under this Act until the annual permit expires or is cancelled under this Act. (

f) by repealing

section 11(

b) and substituting the following: (b) “college” means the Colle ge of Dental Surgeons of Alberta;

18 Explanatory Notes (

b) the president of The Alberta Dental Association under the Dental Profession Act continues as the president of the Alberta Dental Association and College under this Act for the same term of office unless the term is terminated earlier under this Act; (

c) the Registrar of The Albert a Dental Association under the Dental Profession Act continues as the registrar of the Alberta Dental Association and College under this Act for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the Peer Review Committee under the Dental Profession Act continue as members of the competence committee of the Alberta Dental Association and College under this Act for the same terms of office unless their terms are terminated earlier under this Act; (

e) despite clause (d), if a revi ew of a practice under

section 11(1)(

b) of the Dental Profession Act has not been concluded, the council of the Alberta Dental Association and College under this Act may appoint persons as members of a Peer Review Committee for the purposes of

section 9 of this Schedule; (

f) if a referral has been made under

section 47(

b) of the Dental Profession Act and a hearing has commenced but not concluded, the members of the Discipline Committee continue as members of the Discipline Committee for the purposes of the hearing until it is concluded, as if this

Schedule and

Part 4 had not come into force and the former Act had not been repealed. 6 On the coming into force of this Schedule, a person (

a) who is registered on the register of licensed members, or (

b) who is authorized by the re gulations to provide restricted activities and is registered on the (

i) Courtesy Register, (ii) Teaching and Research Register, (iii) Restricted Register, (iv) Education Register, or

(6) Schedule 16 is amended (

a) by repealing

section 1 and substituting the following: Continuation of corporation 1 The corporation known as Alberta College and Association of Opticians is continued as a corporation under the name College of Opticians of Alberta. (

b) in sections 2 and 4 by striking out “Alberta College and Association of Opticians” and substituting “College of Opticians of Alberta”; (

c) by repealing

section 5 and substituting the following: Transitional 5 On the coming into force of this section, (

a) the members of the counc il of the Alberta College and Association of Opticians continue as members of the council of the College of Opticians of Alberta for the same terms of office unless their terms are terminated earlier under this Act;

19 Explanatory Notes (

v) Associates Register of The Alberta Dental Association under the Dental Profession Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta Dental Association and College under this Act subject to the same conditions as under the former Act until the practice permit expires or is terminated under this Act. 7 On the coming into force of this Schedule, a professional corporation registered on the record of professional corporations under the Dental Profession Act is deemed to be registered on the record of professional corporations of the Alberta Dental Association and College and to be issued an annual permit under this Act until the annual permit expires or is cancelled under this Act. 11 In sections 12 to 18, (b) “college” means the Albe rta Dental Association and College;

(6) Schedule 16 presently reads in part: 1 The corporation known as the College of Opticians of Alberta is continued as a corporation under the name Alberta College and Association of Opticians. 2 A regulated member of the Alberta College and Association of Opticians may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (

a) optician; (

b) ophthalmic dispenser; (

c) optical dispenser; (

d) contact lens fitter; (

e) contact lens practitioner; (

f) contact lens dispenser; (f.1) provisional optician;

20 (

b) the registrar of the Albe rta College and Association of Opticians continues as the registrar of the College of Opticians of Alberta for the same term of office unless the term is terminated earlier under this Act; (

c) the president of the Alberta College and Association of Opticians continues as the president of the College of Opticians of Alberta for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the competence committee of the Alberta College and Association of Opticians continue as members of the competence committee of the College of Opticians of Alberta for the same terms of office unless their terms are terminated earlier under this Act. (

d) by repealing

section 6 and substituting the following: Transitional 6 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the Alberta College and Association of Opticians is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Opticians of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act.

(7) Schedule 20 is amended (

a) by repealing

section 1 and substituting the following: Continuation of corporation 1 The corporation known as Physiotherapy Alberta College + Association is continued as a corporation under the name College of Physiotherapists of Alberta.

20 Explanatory Notes (

g) R.O.; (

h) R.C.L.P. 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the Alberta College and Association of Opticians under

Part 4. 5(1) The members of the council of the College of Opticians of Alberta continue as members of the council of the Alberta College and Association of Opticians for the same term of office unless their terms are terminated earlier under this Act.

(2) The registrar of the College of Opticians of Alberta continues as the registrar of the Alberta College and Association of Opticians for the same term of office unless the term is terminated earlier under this Act.

(3) The president of the College of Opticians of Alberta continues as the president of the Alberta College and Association of Opticians for the same term of office unless the term is terminated earlier under this Act.

(4) The members of the competence committee of the College of Opticians of Alberta continue as members of the competence committee of the Alberta College and Association of Opticians for the same term of office unless their terms are terminated earlier under this Act. 6 A person who, immediately before the coming into force of the Health Professions Amendment Act, 2016, is registered as a member of the profession of opticians and holds an annual certificate is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College and Association of Opticians subject to the same conditions until the practice permit expires or is cancelled under this Act.

(7) Schedule 20 presently reads in part: 1 The corporation known as the College of Physical Therapists of Alberta is continued as a corporation under the name Physiotherapy Alberta College + Association.

21 (

b) in sections 2 and 4 by striking out “Physiotherapy Alberta College + Association” and substituting “College of Physiotherapists of Alberta”; (

c) by adding the following after

section 5.1: Transitional 5.2 On the coming into force of this section, (

a) the members of the council of the Physiotherapy Alberta College + Association continue as members of the council of the College of Physiotherapists of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (

b) the registrar of the Phys iotherapy Alberta College + Association continues as the registrar of the College of Physiotherapists of Alberta for the same term of office unless the term is terminated earlier under this Act; (

c) the president of the Physiotherapy Alberta College + Association continues as the president of the College of Physiotherapists of Alberta for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the registration committee of the Physiotherapy Alberta College + Association continue as members of the registration committee of the College of Physiotherapists of Alberta for the same terms of office unless their terms are terminated earlier under this Act. (

d) by repealing

section 6 and substituting the following: Transitional 6 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the Physiotherapy Alberta College + Association is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Physiotherapists of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act.

21 Explanatory Notes 2 A regulated member of the Physiotherapy Alberta College + Association may, as authorized by the regulations, use any of the following titles and abbreviations: (

a) physical therapist; (

b) physiotherapist; (b.1) physical therapist intern; (b.2) physiotherapist intern; (

g) P.T. 4 Column 3 of the unprofessional conduct fines table applies to proceedings of the Physiotherapy Alberta College + Association under

Part 4. 5.1 On the coming into force of the Health Professions Amendment Act, 2016, (

a) the members of the council of the College of Physical Therapists of Alberta continue as members of the council of the Physiotherapy Alberta College + Association for the same terms of office unless their terms are terminated earlier under this Act; (

b) the registrar of the College of Physical Therapists of Alberta continues as the registrar of the Physiotherapy Alberta College + Association for the same term of office unless the term is terminated earlier under this Act; (

c) the president of the College of Physical Therapists of Alberta continues as the president of the Physiotherapy Alberta College + Association for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the registration committee of the College of Physical Therapists of Alberta continue as members of the registration committee of the Physiotherapy Alberta College + Association for the same terms of office unless their terms are terminated earlier under this Act. 6 A person who, immediately before the coming into force of the Health Professions Amendment Act, 2016, is registered as a regulated member of, and has been issued a practice permit by the registrar of, the College of Physical Therapists of Alberta is deemed

22 (

e) in

section 10 by striking out “Physiotherapy Alberta College + Association” wherever it occurs and substituting “College of Physiotherapists of Alberta”.

(8) Schedule 24 is amended (

a) by repealing

section 1 and substituting the following: Continuation of corporation 1 The corporation known as College and Association of Registered Nurses of Alberta is continued as a corporation under the name College of Registered Nurses of Alberta.

22 Explanatory Notes to have been registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Physiotherapy Alberta College + Association subject to the same conditions until the practice permit expires or is cancelled under this Act. 10(1) A regulated member of the Physiotherapy Alberta College + Association shall not provide a professional service except (

a) for or on behalf of a person who is a regulated member of the Physiotherapy Alberta College + Association, (

b) at or in association with a practice setting approved by an accreditation body approved by the council of the Physiotherapy Alberta College + Association, or (

c) at or in association with a practice setting approved by the council of the Physiotherapy Alberta College + Association. (2) Subsection (1) does not apply to a regulated member of the Physiotherapy Alberta College + Association employed by (

a) an institution owned, operated or controlled by a government or an agency or department of a government, (

b) a nursing home, whether or no t it is owned, operated or controlled by a government or an agency or department of a government, (

c) an approved hospital as defined in the Hospitals Act, (

d) a regional health authority, or (

e) other employers approved by the council of the Physiotherapy Alberta College + Association.

(8) Schedule 24 presently reads in part: 1 On the coming into force of this Schedule, the corporation known as the Alberta Association of Registered Nurses is continued as a corporation under the name College and Association of Registered Nurses of Alberta. 2 A regulated member of the College and Association of Registered Nurses of Alberta may, as authorized by the regulations, use any of the following titles and initials:

23 (

b) in sections 2 and 4 by striking out “College and Association of Registered Nurses of Alberta” and substituting “College of Registered Nurses of Alberta”; (

c) by adding the following after

section 5: Transitional 5.1 On the coming into force of this section, (

a) the members of the council of the College and Association of Registered Nurses of Alberta continue as members of the council of the College of Registered Nurses of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (

b) the registrar of the College and Association of Registered Nurses of Alberta continues as the registrar of the College of Registered Nurses of Alberta for the same term of office unless the term is terminated earlier under this Act; (

c) the president of the College and Association of Registered Nurses of Alberta continues as the president of the College of Registered Nurses of Alberta for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the competence committee of the College and Association of Registered Nurses of Alberta continue as members of the competence committee of the College of Registered Nurses of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (

e) the members of the registration committee of the College and Association of Registered Nurses of Alberta continue as members of the registration committee of the College of Registered Nurses of Alberta for the same terms of office unless their terms are terminated earlier under this Act. (

d) by adding the following after

section 6:

23 Explanatory Notes (

a) registered nurse; (

b) certified graduate nurse; (b.1) nurse practitioner; (d.1) graduate nurse; (d.2) graduate nurse practitioner; (

e) RN; (

f) CGN; (

g) NP; (

h) GN; (

i) GNP. 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College and Association of Registered Nurses of Alberta under

Part 4. 5 On the coming into force of this Schedule, (

a) the members of the Council of the Alberta Association of Registered Nurses continue as members of the council of the College and Association of Registered Nurses of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (

b) the Registrar of the Alberta Association of Registered Nurses continues as the registrar of the College and Association of Registered Nurses of Alberta under this Act; (

c) the President of the Alberta Association of Registered Nurses continues as the president of the College and Association of Registered Nurses of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (

d) if the Professional Conduct Committee has commenced a hearing but has not made its decision, the Professional Conduct Committee and its members are continued until a written decision is made in accordance with the Nursing Profession Act as if this

Schedule and

Part 4 had not come

24 Transitional 6.1 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the College and Association of Registered Nurses of Alberta is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Registered Nurses of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. (

e) by repealing

section 9(

b) and substituting the following: (b) “College” means the Colle ge of Registered Nurses of Alberta;

(9) Schedule 26 is amended (

a) by repealing

section 1 and substituting the following: Continuation of corporation 1 The corporation known as College and Association of Respiratory Therapists of Alberta is continued as a corporation under the name College of Respiratory Therapists of Alberta. Transitional 1.1(1) On the coming into force of this Schedule, the College and Association of Respiratory Therapists of Alberta has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (

a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health discipline of Respiratory Therapists under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations;

24 Explanatory Notes into force and the Nursing Profession Act had not been repealed. 6(1) On the coming into force of this Schedule, a person who is registered on the Register of Registered Nurses and who holds an annual certificate is deemed to be a regulated member registered on the Register of Registered Nurses whose annual certificate is deemed to be a practice permit under this Act.

(2) On the coming into force of this Schedule, a person who holds a special permit or temporary permit under the former Act is deemed to be a regulated member under this Act, whose special permit or temporary permit is deemed to be a practice permit under this Act subject to the same conditions as under the Nursing Profession Act. 9 In sections 10 to 17 of this Schedule, (b) “College” means the College and Association of Registered Nurses of Alberta;

(9) Schedule 26 presently reads in part: 1(1) On the coming into force of this Schedule, the corporation known as the Alberta College and Association of Respiratory Therapy is continued as a corporation under the name College and Association of Respiratory Therapists of Alberta.

(2) On the coming into force of this Schedule, the College and Association of Respiratory Therapists of Alberta has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (

a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health discipline of Respiratory Therapists under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations, (

b) current and former applications for registration as registered members in the designated health discipline of Respiratory Therapists under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health discipline of Respiratory Therapists,

25 (

b) current and former applications for registration as registered members in the designated health discipline of Respiratory Therapists under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health discipline of Respiratory Therapists; (

c) registered members and fo rmer registered members in the designated health discipline of Respiratory Therapists under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration; (

d) decisions and orders made with respect to registered members or former registered members in the designated health discipline of Respiratory Therapists under the Health Disciplines Act; (

e) records and information referred to in

section 61 of the Health Disciplines Act relating to the designated health discipline of Respiratory Therapists under the Health Disciplines Act.

(2) Despite

section 35(

b) of the Freedom of Information and Protection of Privacy Act, on the coming into force of this

Schedule the College and Association of Respiratory Therapists of Alberta has the ownership, custody and control of records described in subsection (1), and the records must be given to the College and Association of Respiratory Therapists of Alberta.

(3) The Minister may request and collect information and records described in subsection (1) from the College and Association of Respiratory Therapists of Alberta for purposes directly related to or necessary for any proceeding, including an appeal described in

section 8(5) of this

Schedule and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes.

25 Explanatory Notes (

c) registered members and former registered members in the designated health discipline of Respiratory Therapists under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration, (

d) decisions and orders made with respect to registered members or former registered members in the designated health discipline of Respiratory Therapists under the Health Disciplines Act, and (

e) records and information referred to in

section 61 of the Health Disciplines Act relating to the designated health discipline of Respiratory Therapists under the Health Disciplines Act.

(3) Despite

section 35(

b) of the Freedom of Information and Protection of Privacy Act, on the coming into force of this

Schedule the College and Association of Respiratory Therapists of Alberta has the ownership, custody and control of records described in subsection (2), and the records must be given to the College and Association of Respiratory Therapists of Alberta.

(4) The Minister may request and collect information and records described in subsection (2) from the College and Association of Respiratory Therapists of Alberta for purposes directly related to or necessary for any proceeding, including an appeal described in

section 8(5) of this

Schedule and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. 2 A regulated member of the College and Association of Respiratory Therapists of Alberta may, in accordance with the regulations, use any of the following titles, abbreviations and initials: (

a) registered respiratory technologist; (

b) registered respiratory therapist; (b.1) respiratory therapist; (b.2) respiratory care practitioner;

26 (

b) in sections 2 and 4 by striking out “College and Association of Respiratory Therapists of Alberta” and substituting “College of Respiratory Therapists of Alberta”; (

c) by adding the following after

section 5: Transitional 5.1 On the coming into force of this section, (

a) the members of the council of the College and Association of Respiratory Therapists of Alberta continue as members of the council of the College of Respiratory Therapists of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (

b) the registrar of the College and Association of Respiratory Therapists of Alberta continues as the registrar of the College of Respiratory Therapists of Alberta for the same term of office unless the term is terminated earlier under this Act; (

c) the president of the College and Association of Respiratory Therapists of Alberta continues as the president of the College of Respiratory Therapists of Alberta for the same term of office unless the term is terminated earlier under this Act; (

d) the members of the registration committee of the College and Association of Respiratory Therapists of Alberta continue as the members of the registration committee of the College of Respiratory Therapists of Alberta for the same terms of office unless their terms are terminated earlier under this Act. (

d) by adding the following after

section 6: Transitional 6.1 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the College and Association of Respiratory Therapists of Alberta is deemed to be registered as a regulated member of, and to have been

26 Explanatory Notes (b.3) respiratory care practitioner in anesthesia; (

c) respiratory technologist; (c.1) provisional respiratory therapist; (

d) R.R.T. 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College and Association of Respiratory Therapists of Alberta under

Part 4. 5 On the coming into force of this Schedule, (

a) the members of the execut ive of the Alberta College and Association of Respiratory Therapy under the Health Disciplines Act continue as members of the council of the College and Association of Respiratory Therapists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (

b) the registrar of the Albe rta College and Association of Respiratory Therapy under the Health Disciplines Act continues as the registrar of the College and Association of Respiratory Therapists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (

c) the president of the Alberta College and Association of Respiratory Therapy under the Health Disciplines Act continues as the president of the College and Association of Respiratory Therapists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (

d) if a referral has been made under

section 30 of the Health Disciplines Act or a determination has been made under

section 31 of the Health Disciplines Act that a hearing should be held and a hearing has commenced but not concluded, the members of the committee, as defined in

section 27 of the Health Disciplines Act, continue as members of that committee for the purposes of the hearing until it is concluded, as if this

Schedule and

Part 4 had not come into force and the former Act had not been repealed with respect to the designated discipline of Respiratory Therapists;

27 issued a practice permit by the registrar of, the College of Respiratory Therapists of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. Human Tissue and Organ Donation Act Amends SA 2006 cH-14.5 13(1) The Human Tissue and Organ Donation Act is amended by this section.

(2) Section 14(

c) is repealed. Labour Mobility Act Amends SA 2021 cL-0.7 14(1) The Labour Mobility Act is amended by this section.

(2) Section 1 is amended (

a) in clause (

m) by striking out “identified in

Schedule 1”; (

b) by repealing clause (

n) and substituting the following: (n) “regulatory body” means a body or person identified in the Schedule.

27 Explanatory Notes (

e) the members of a committee, as defined in

section 20 of the Health Disciplines Act, of the Alberta College and Association of Respiratory Therapy continue as members of the registration committee of the College and Association of Respiratory Therapists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act. 6 On the coming into force of this Schedule, a person who is registered or temporarily registered as a member of the designated health discipline of Respiratory Therapists under the Health Disciplines Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College and Association of Respiratory Therapists of Alberta under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act.

Human Tissue and Organ Donation Act 13(1) Amends

chapter H-14.5 of the Statutes of Alberta, 2006.

(2) Section 14(

c) presently reads: 14 The Minister may make regulations (

c) respecting registrations for the purposes of

section 3(6); Labour Mobility Act 14(1) Amends

chapter L-0.7 of the Statutes of Alberta, 2021.

(2) Section 1 presently reads in part: 1 In this Act, (m) “regulated profession” me ans a profession regulated by a regulatory body identified in

Schedule 1; (n) “regulatory body” means a body identified in

Schedule 1 or a person identified in

Schedule 2.

28 (3)

Section 24(1)(

a) is repealed and the following is substituted: (

a) amending the

Schedule by adding or removing a regulatory body;

(4) Section 26(2) is repealed.

(5) Section 27 is amended by striking out “Schedule 1” and substituting “the Schedule”.

(6) Schedules 1 and 2 are repealed and the following is substituted:

Schedule Alberta Association of Architects Alberta Association of Landscape Architects Alberta Boilers Safety Association Alberta College of Combined Laboratory and X‑Ray Technologists Alberta College of Dental Hygienists Alberta College of Medical Diagnostic and Therapeutic Technologists Alberta College of Occupational Therapists Alberta College of Optometrists Alberta College of Paramedics

28 Explanatory Notes (3)

Section 24(1)(

a) presently reads: 24(1) The Lieutenant Governor in Council may make regulations (

a) amending

Schedule 1 or

Schedule 2 by adding or removing a regulatory body from the Schedule;

(4) Section 26(2) purports to amend

section 1(1)(

a) of the Fair Registration Practices Act as follows:

(2) Section 1(1)(

a) is amended by adding “, but does not include a labour mobility applicant as defined in the Labour Mobility Act” after “the designated occupation, designated trade or regulated profession”. The amendment has not been incorporated because “the designated occupation, designated trade or regulated profession” does not appear in this section.

(5) Section 27 presently reads: 27 On the coming into force of

section 105(b)(

i) of the Health Statutes Amendment Act, 2020 (No. 2),

Schedule 1 to this Act is amended by striking out “College of Licensed Practical Nurses of Alberta” and substituting “College of Licensed Practical Nurses and Health Care Aides of Alberta”.

(6) Schedules 1 and 2 presently read:

Schedule 1 Alberta Association of Architects Alberta Association of Landscape Architects Alberta Boilers Safety Association Alberta College and Association of Chiropractors Alberta College and Association of Opticians Alberta College of Combined Laboratory and X-Ray Technologists Alberta College of Medical Diagnostic and Therapeutic Technologists Alberta College of Occupational Therapists Alberta College of Optometrists Alberta College of Paramedics Alberta College of Pharmacy

29 Alberta College of Pharmacy Alberta College of Social Workers Alberta College of Speech‑Language Pathologists and Audiologists Alberta Funeral Services Regulatory Board Alberta Human Ecology and Home Economics Association Alberta Institute of Agrologists Alberta Insurance Council Alberta Land Surveyors’ Association Alberta Motor Vehicle Industry Council Alberta Professional Outfitters Society Alberta Professional Planners Institute Alberta Securities Commission Alberta Shorthand Reporters Association Alberta Society of Professional Biologists Alberta Veterinary Medical Association Alberta Assessors’ Association Association of Alberta Forest Management Professionals Association of Professional Engineers and Geoscientists of Alberta Association of School Business Officials of Alberta Association of Science and Engineering Technology Professionals of Alberta Association of the Chemical Profession of Alberta Canadian Information Processing Society of Alberta Chartered Professional Accountants of Alberta College of Acupuncturists of Alberta College of Alberta Dental Assistants College of Alberta Denturists College of Alberta Psychologists College of Chiropractors of Alberta College of Dental Surgeons of Alberta College of Dental Technologists of Alberta College of Dietitians of Alberta College of Hearing Aid Practitioners of Alberta College of Licensed Practical Nurses of Alberta College of Medical Laboratory Technologists of Alberta College of Midwives of Alberta College of Naturopathic Doctors of Alberta College of Opticians of Alberta College of Physicians and Surgeons of Alberta College of Physiotherapists of Alberta College of Podiatric Physicians of Alberta College of Registered Nurses of Alberta College of Registered Psychiatric Nurses of Alberta College of Respiratory Therapists of Alberta

29 Explanatory Notes Alberta College of Social Workers Alberta College of Speech-Language Pathologists and Audiologists Alberta Dental Association and College Alberta Funeral Services Regulatory Board Alberta Human Ecology and Home Economics Association Alberta Institute of Agrologists Alberta Insurance Council Alberta Land Surveyors’ Association Alberta Motor Vehicle Industry Council Alberta Professional Outfitters Society Alberta Professional Planners Institute Alberta Securities Commission Alberta Shorthand Reporters Association Alberta Society of Professional Biologists Alberta Veterinary Medical Association Alberta Assessors’ Association Association of Alberta Forest Management Professionals Association of Professional Engineers and Geoscientists of Alberta Association of School Business Officials of Alberta Association of Science and Engineering Technology Professionals of Alberta Association of the Chemical Profession of Alberta Canadian Information Processing Society of Alberta Chartered Professional Accountants of Alberta College of Acupuncturists of Alberta College and Association of Registered Nurses of Alberta College and Association of Respiratory Therapists of Alberta College of Alberta Dental Assistants College of Alberta Denturists College of Alberta Psychologists College of Dental Technologists of Alberta College of Dietitians of Alberta College of Hearing Aid Practitioners of Alberta College of Licensed Practical Nurses of Alberta College of Medical Laboratory Technologists of Alberta College of Midwives of Alberta College of Naturopathic Doctors of Alberta College of Physicians and Surgeons of Alberta College of Podiatric Physicians of Alberta College of Registered Dental Hygienists of Alberta College of Registered Psychiatric Nurses of Alberta Electrical Contractors Association of Alberta Horse Racing Alberta Institute of Certified Management Consultants of Alberta Law Society of Alberta Minister of Children’s Services

30 Electrical Contractors Association of Alberta Horse Racing Alberta Institute of Certified Management Consultants of Alberta Law Society of Alberta Minister of Children and Family Services Minister of Education Minister of Environment and Protected Areas Minister of Forestry and Parks Minister of Jobs, Economy and Trade Minister of Municipal Affairs Minister of Public Safety and Emergency Services Minister of Service Alberta and Red Tape Reduction Minister of Transportation and Economic Corridors Real Estate Council of Alberta Safety Codes Council Society of Local Government Managers of Alberta Supply Chain Management Association Alberta Labour Relations Code Amends RSA 2000 cL-1 15(1) The Labour Relations Code is amended by this section.

(2) Section 26.1(10) is amended by renumbering clause (

f) as clause (e).

(3) Sections 73(a.1) and 74(a.1) are amended by striking out “section 95.2(a) (b), (d)” and substituting “section 95.2(1)(a), (b), (d), (d.1)”.

(4) Section 96(1)(e.1) is amended by striking out “those employers;” and substituting “those employers,”.

30 Explanatory Notes Minister of Education Minister of Environment and Protected Areas Minister of Forestry, Parks and Tourism Minister of Jobs, Economy and Northern Development Minister of Municipal Affairs Minister of Public Safety and Emergency Services Minister of Service Alberta and Red Tape Reduction Minister of Transportation and Economic Corridors Physiotherapy Alberta College + Association Real Estate Council of Alberta Safety Codes Council Society of Local Government Managers of Alberta Supply Chain Management Association Alberta

Schedule 2 Minister of Children’s Services Minister of Education Minister of Environment and Protected Areas Minister of Forestry, Parks and Tourism Minister of Jobs, Economy and Northern Development Minister of Municipal Affairs Minister of Public Safety and Emergency Services Minister of Service Alberta and Red Tape Reduction Minister of Transportation and Economic Corridors Labour Relations Code 15(1) Amends

chapter L-1 of the Revised Statutes of Alberta 2000.

(2) Corrects clause reference.

(3) Updates cross-reference.

(4) Corrects punctuation.

31 Land Titles Act Amends RSA 2000 cL-4 16(1) The Land Titles Act is amended by this section.

(2) Section 84(2)(

a) is amended by striking out “except in the case of land included in a plan of subdivision referred to in

section 85(2)(a)”. (3)

Section 85(2) is repealed and the following is substituted: (2) Subsection (1) does not apply to a plan of subdivision, other than a condominium plan or strata space plan, in which there is no dedication of land for any public purposes.

(4) The heading preceding

section 153 is amended by striking out “Builders’ Lien Act” and substituting “Prompt Payment and Construction Lien Act”. Marketing of Agricultural Products Act Amends RSA 2000 cM-4 17(1) The Marketing of Agricultural Products Act is amended by this section.

(2) Section 1(

k) is amended by striking out “, revised”.

31 Explanatory Notes Land Titles Act 16(1) Amends

chapter L-4 of the Revised Statutes of Alberta 2000.

(2) Section 84(2)(

a) presently reads:

(2) A plan of subdivision that is submitted for registration shall (

a) be signed by the registered owner of the land except in the case of land included in a plan of subdivision referred to in

section 85(2)(a), (3)

Section 85(2) presently reads: (2) Subsection (1) does not apply to the following: (

a) a plan of subdivision pre pared pursuant to a land boundary adjustment scheme for The Municipality of Crowsnest Pass under the Municipal Government Act; (

b) a plan of subdivision, other than a condominium plan or strata space plan, in which there is no dedication of land for any public purposes.

(4) Updates heading. Marketing of Agricultural Products Act 17(1) Amends

chapter M-4 of the Revised Statutes of Alberta 2000.

(2) Section 1(

k) presently reads: 1 In this Act,

(3) The heading preceding

section 21 is amended by striking out “, Revision”.

(4) Section 21(1) is amended by striking out “, revised”.

(5) Section 22 is amended by striking out “, revise”.

(6) Section 23 is amended (

a) in subsection (1) by striking out “, revising”; (

b) in subsection (2) by striking out “continued or revised” and substituting “amended or continued”; (

c) by repealing subsection (3) and substituting the following:

(3) Where a plan is to be amended or continued, that plan may be amended or continued, as the case may be, in the same regulation.

32 Explanatory Notes (k) “plan” means a plan estab lished, continued, revised or amended under this Act;

(3) The heading preceding

section 21 presently reads:

Part 3 Amendment, Continuation, Revision and Termination of Plans

(4) Section 21(1) presently reads: 21(1) The producers under a plan may submit a petition to the Council requesting that the plan be amended, continued, revised or terminated.

(5) Section 22 presently reads: 22 The Council may, pursuant to (

a) a petition submitted under

section 21, (

b) a resolution of Council wh ether or not it has received a petition under

section 21, or (

c) a request of a board or commission, apply to the Minister to amend, continue, revise or terminate a plan.

(6) Section 23 presently reads: 23(1) The Minister, (

a) on receiving an application fr om the Council to do so, where a plebiscite is not required to be conducted under this Part, or (

b) pursuant to a plebiscite conducted under this Part, may make regulations amending, continuing, revising or terminating a plan.

(2) Where a plan is continued or revised under subsection (1), the plan

(7) Section 24 is amended (

a) in subsection (2) (

i) by striking out “continued or revised” wherever it occurs and substituting “amended or continued”; (ii) by striking out “proposed continuation or revision of the plan or any amendment to the plan that is to be included in the proposed continuation or revision” and substituting “proposed continuation of the plan or of any proposed amendment to the plan”; (

b) in subsection (3) (

i) by striking out “, revise”; (ii) by striking out “, revised”.

(8) Section 25 is amended (

a) in subsection (1)(

a) by striking out “, revised”; (

b) in subsection (3) by striking out “, revision”; (

c) in subsection (5) by striking out “, revise”.

33 Explanatory Notes (

a) shall include at least those terms referred to in

section 15(2), (

b) shall include a provision that the plan is continued, and (

c) may include a provision that the board or commission is continued.

(3) Where a plan is to be continued or revised, that plan may be amended, continued and revised in the same regulation.

(7) Section 24(2) and (3) presently read:

(2) Where a plan that is administered by a board is to be continued or revised and the effect of the proposed continuation or revision of the plan or any amendment to the plan that is to be included in the proposed continuation or revision is, in the opinion of the Council, to substantially change from the existing plan the way in which the production or marketing, or both, of the regulated product is to be controlled or regulated, that plan must not be continued or revised as proposed unless a plebiscite of the producers is conducted to determine whether the plan should be continued or revised in the manner being proposed and the vote conducted under the plebiscite is in favour of the plan being continued or revised in the manner being proposed.

(3) The Minister may, whether or not an application is made under

section 22 to amend, continue, revise or terminate a plan, direct the Council to conduct a plebiscite of the producers under a plan for the purpose of determining whether the plan should be amended, continued, revised or terminated.

(8) Section 25 presently reads in part: 25(1) The Council shall with the approval of the Minister arrange to conduct a plebiscite of the producers under a plan if (

a) the Council considers it appropriate to determine the opinion of the producers under the plan as to whether the plan should be amended, continued, revised or terminated,

(3) For the purposes of conducting a plebiscite of the producers under a plan with respect to the amendment, continuation, revision or termination of the plan, the Council shall determine what constitutes

34 (9)

Section 26(1) is amended by striking out “authorize a board or commission to make regulations with the approval of the Council” and substituting “authorize a board or commission to make, with the approval of the Council, regulations”.

(10) Section 27 is amended (

a) in subsection (1) by striking out “authorize a board to make regulations with the approval of the Council” and substituting “authorize a board to make, with the approval of the Council, regulations”; (

b) in subsection (2) by striking out “the Council may, with the approval of the Minister, authorize a board to make regulations” and substituting “the Minister may, in that plan, authorize a board to make, with the approval of the Council, regulations”; (

c) in subsection (4) by striking out “the Council may, with the approval of the Minister, authorize the board to make regulations” and substituting “the Minister may, in that plan, authorize a board to make, with the approval of the Council, regulations”.

(11) Section 28 is repealed and the following is substituted: Conditions of Minister 28 The Minister may, in respect of any authorization provided to a board or commission to make regulations under

section 26 or 27, (

a) prescribe conditions or restrictions, or (

b) limit the authority of the board or commission.

34 Explanatory Notes

(5) A plebiscite shall be considered to be in favour of the question voted on if the majority of eligible producers who have registered with the Council for the purpose of voting in the plebiscite vote to amend, continue, revise or terminate the plan.

(9) Section 26(1) presently reads in part: 26(1) For the purpose of enabling a board or commission to operate a plan, the Minister may, in that plan, authorize a board or commission to make regulations with the approval of the Council

(10) Section 27 presently reads in part: 27(1) For the purpose of enabling a board to operate a plan, the Minister may, in addition to an authorization made under

section 26, in that plan, authorize a board to make regulations with the approval of the Council

(2) Where an agricultural product is not a regulated product under the plan but is instrumental with respect to the production of the regulated product, the Council may, with the approval of the Minister, authorize a board to make regulations

(4) If an agricultural product is not a regulated product under the plan but is used to produce an agricultural product, the Council may, with the approval of the Minister, authorize the board to make regulations

(11) Section 28 presently reads: 28 The Council, with the approval of the Minister, may, in respect of any authorization made under

section 26 or 27, (

a) prescribe conditions or restrictions, or (

b) limit the authority of the board or commission, with respect to the making of regulations by a board or commission under that authorization.

35 Mines and Minerals Act Amends RSA 2000 cM-17 18(1) The Mines and Minerals Act is amended by this section.

(2) Section 105(1) is amended by renumbering it as

section 105. Municipal Government Act Amends RSA 2000 cM-26 19(1) The Municipal Government Act is amended by this section.

(2) Section 1(2.1) is repealed and the following is substituted:

(2.1) For the purposes of the definition of “summer village residence” in subsection (1)(z.1), “building” includes (

a) a manufactured home, as defined in

section 284(1)(m), (

b) a mobile home, as defined in

section 284(1)(n.1), (

c) a modular home, as defined in

section 284(1)(n.2), or (

d) a travel trailer, as defined in

section 284(1)(w.1), but does not include a tent.

(3) Section 154(3) is amended by striking out “Despite subsection (2), the” and substituting “The”.

(4) Section 174 is amended (

a) in subsection (1)(

d) by striking out “8 consecutive weeks” and substituting “60 consecutive days”;

35 Explanatory Notes Mines and Minerals Act 18(1) Amends

chapter M-17 of the Revised Statutes of Alberta 2000.

(2) Corrects

section reference. Municipal Government Act 19(1) Amends

chapter M-26 of the Revised Statutes of Alberta 2000.

(2) Section 1(2.1) presently reads:

(2.1) For the purposes of the definition of “summer village residence” in subsection (1)(z.1), “building” includes a manufactured home, mobile home, modular home or travel trailer but does not include a tent.

(3) Section 154(3) presently reads:

(3) Despite subsection (2), the chief elected official may be a member of a board, commission, subdivision authority or development authority established under

Part 17 only if the chief elected official is appointed in the chief elected official’s personal name.

(4) Section 174 presently reads in part: 174(1) A councillor is disqualified from council if

36 (

b) in subsection (2)(a)(

i) and (ii) by striking out “8-week” and substituting “60-day”.

(5) Section 192(1) is amended by striking out “2 weeks” and substituting “14 days”.

(6) Sections 240.96(1)(

a) and 390.5(2) are repealed.

(7) Section 421(4) is amended by striking out “4 weeks” and substituting “30 days”.

36 Explanatory Notes (

d) the councillor is absent from all regular council meetings held during any period of 8 consecutive weeks, starting with the date that the first meeting is missed, unless subsection (2) applies;

(2) A councillor is not disqualified by being absent from regular council meetings under subsection (1)(

d) if (

a) the absence is authorized by a resolution of council passed at any time (

i) before the end of the last regular meeting of the council in the 8-week period, or (ii) if there is no other regular meeting of the council during the 8-week period, before the end of the next regular meeting of the council,

(5) Section 192(1) presently reads: 192(1) Except in a summer village, a council must hold an organizational meeting annually not later than 2 weeks after the 3rd Monday in October.

(6) Sections 240.96(1)(

a) and 390.5(2) presently read: 240.96(1) The Minister may at any time, by order, (

a) determine population for the purposes of

section 240.5(a), 390.5(2) A complaint about a tax imposed in accordance with a clean energy improvement tax bylaw must be made within one year after the tax is first imposed.

(7) Section 421(4) presently reads:

(4) Not less than 4 weeks before the date of the public auction, the municipality must send a copy of the advertisement referred to in subsection (1)(

a) to (

a) the owner of each parcel of land to be offered for sale,

37 (8)

Section 422(1) is amended by striking out “2 months” and substituting “60 days”.

(9) Section 436.12(3) is amended by striking out “4 weeks” and substituting “30 days”.

(10) Section 436.13(1) is amended by striking out “2 months” and substituting “60 days”.

(11) Section 460 is amended by adding the following after subsection (9):

(9.1) A complaint about a tax imposed in accordance with a clean energy improvement tax bylaw must be made within one year after the tax is first imposed.

(12) Section 541 is amended by adding the following after clause (b): (c) “unsightly condition”, (

i) in respect of a structure, includes a structure whose exterior shows signs of significant physical deterioration, and (ii) in respect of land, includes land that shows signs of a serious disregard for general maintenance or upkeep.

37 Explanatory Notes (

b) each person who has an interest in any parcel to be offered for sale that is evidenced by a caveat registered by the Registrar, and (

c) each encumbrancee shown on the certificate of title for each parcel to be offered for sale.

(8) Section 422(1) presently reads: 422(1) The municipality may adjourn the holding of a public auction to any date within 2 months after the advertised date.

(9) Section 436.12(3) presently reads:

(3) Not less than 4 weeks before the date of the public auction, the municipality must send a copy of the advertisement referred to in subsection (1) to each person referred to in

section 436.08(1).

(10) Section 436.13(1) presently reads: 436.13(1) The municipality may adjourn the holding of a public auction to any date within 2 months after the advertised date.

(11) Adds time limit for complaints re clean energy improvement taxes.

(12) Adds definition.

38 (13)

Section 546(0.1) is repealed and the following is substituted: Order to remedy dangers and unsightly property 546(0.1) In this section, “detrimental to the surrounding area” includes causing the decline of the market value of property in the surrounding area.

(14) Section 602.01(1) is amended by adding the following after clause (e): (e.1) “debt limit” means the debt limit for a commission determined in accordance with the regulations under

section 602.32;

(15) Section 602.2(1)(

a) is amended by striking out “or the Alberta Transportation Safety Board”.

(16) Section 615 is repealed.

38 Explanatory Notes (13)

Section 546(0.1) presently reads: 546(0.1) In this section, (a) “detrimental to the surrounding area” includes causing the decline of the market value of property in the surrounding area; (b) “unsightly condition”, (

i) in respect of a structur e, includes a structure whose exterior shows signs of significant physical deterioration, and (ii) in respect of land, includes land that shows signs of a serious disregard for general maintenance or upkeep.

(14) Adds definition.

(15) Section 602.2(1)(

a) presently reads: 602.2(1) If (

a) there is a dispute be tween a commission and another commission or a commission and any municipal authority and the matter in dispute is not under the jurisdiction of the Alberta Utilities Commission or the Alberta Transportation Safety Board or any other board or tribunal created by an enactment, or any party involved in the dispute may submit the dispute to the Land and Property Rights Tribunal.

(16) Section 615 presently reads: 615(1) In this section, “Crowsnest Pass” means the Municipality of Crowsnest Pass.

(17) Section 616(

v) is repealed and the following is substituted: (v) “public utility” means a public utility as defined in sect ion 1(1)(y), excluding residential and commercial street lighting, and includes telecommunications;

39 Explanatory Notes

(2) The Minister may make regulations that apply to Crowsnest Pass respecting the following matters: (

a) the eligibility of Crowsnes t Pass to receive grants under this or another enactment and the calculation of those grants; (

b) the authority to pass bylaws respecting fires, agreements for the prevention and control of fires and the application of the Forest and Prairie Protection Act; (

c) a scheme to adjust property boundaries so that property boundaries coincide with lines of occupation, including (

i) the application of

Part 17, (ii) road closures, (iii) the duties of the Registrar of Land Titles, (iv) the rights of property ow ners affected by the scheme, and (

v) any other matter the Mini ster considers necessary to implement the scheme.

(17) Section 616(

v) presently reads: 616 In this Part, (v) “public utility” means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use: (

i) water or steam; (ii) sewage disposal; (iii) public transportation operat ed by or on behalf of the municipality; (iv) irrigation; (

v) drainage; (vi) fuel; (vii) electric power;

(18) The heading “Division 2 Land Use Policies” after

section 621 is repealed.

(19) Section 625(3)(

a) is amended by striking out “section 145(b)” and substituting “section 145(3)”.

(20) Section 664(1.2) is amended by striking out “subsection (1.1)(

b) and (c)” and substituting “subsections (1)(

c) and (1.1)(

b) and (c)”.

(21) Section 677.1(1)(

a) is amended by striking out “section 145(b)” and substituting “section 145(3)”. Occupational Health and Safety Act Amends SA 2020 cO-2.2 20(1) The Occupational Health and Safety Act is amended by this section.

(2) Section 1 is amended by adding the following after clause (l): (l.1) “explosive” means a chemical compound or mixture that by fire, friction, impact, percussion or detonation may cause a sudden release of gases at a pressure capable of producing destructive effects to adjacent objects or of killing or injuring a person; Oil and Gas Conservation Act Amends RSA 2000 cO-6 21(1) The Oil and Gas Conservation Act is amended by this section.

40 Explanatory Notes (viii) heat; (ix) waste management; (

x) telecommunications; and includes the thing that is provided for public consumption, benefit, convenience or use;

(18) Repeals heading.

(19) Updates cross-reference.

(20) Updates cross-reference.

(21) Updates cross-reference. Occupational Health and Safety Act 20(1) Amends

chapter O-2.2 of the Statutes of Alberta, 2020.

(2) Adds definition. Oil and Gas Conservation Act 21(1) Amends

chapter O-6 of the Revised Statutes of Alberta 2000.

41 (2)

Section 106(3) is amended in the portion following clause (

e) by striking out “permittee licensee” and substituting “permittee, licensee”. Persons with Developmental Disabilities Services Act Amends RSA 2000 cP-9.5 22(1) The Persons with Developmental Disabilities Services Act is amended by this section.

(2) Section 15(2) is amended by striking out “Director” and substituting “director”. Pipeline Act Amends RSA 2000 cP-15 23(1) The Pipeline Act is amended by this section.

(2) Section 51(3) is amended in the portion following clause (

e) by striking out “permittee licensee” and substituting “permittee, licensee”. Police Act Amends RSA 2000 cP-17 24(1) The Police Act is amended by this section.

(2) Section 28 is amended (

a) in subsection (1) by striking out “police commission” and substituting “municipal police commission”;

41 Explanatory Notes

(2) Corrects punctuation. Persons with Developmental Disabilities Services Act 22(1) Amends

chapter P-9.5 of the Revised Statutes of Alberta 2000.

(2) Section 15(2) presently reads:

(2) An individual who is receiving services or has applied to receive services and is affected by a decision of the Director respecting those services may, in accordance with the regulations, appeal that decision if the decision is not exempt from appeal under the regulations. Pipeline Act 23(1) Amends

chapter P-15 of the Revised Statutes of Alberta 2000.

(2) Corrects punctuation. Police Act 24(1) Amends

chapter P-17 of the Revised Statutes of Alberta 2000.

(2) Section 28 presently reads in part: 28(1) A council, other than one that is party to an agreement entered into under

section 22 or 24, that

42 (

b) in subsection (14)(

b) by striking out “the regional police commission” and substituting “the commission”. Police Amendment Act, 2022 Amends SA 2022 c22 25(1) The Police Amendment Act, 2022 is amended by this section.

(2) Section 31 is amended in the new

section 43.5(6) by striking out “subsection 4(b)” and substituting “subsection 4(a)”. Post-secondary Learning Act Amends SA 2003 cP-19.5 26(1) The Post-secondary Learning Act is amended by this section.

(2) Section 47(1)(

b) is amended by striking out “45(3)” and substituting “45(2)”.

42 Explanatory Notes (

a) has a municipal police service, or (

b) has the approval of the Mini ster to establish a municipal police service, shall establish a police commission.

(14) Notwithstanding subsection (2.2), if a council has appointed more than 9 members to a commission prior to the coming into force of this subsection, (

b) the Minister may appoint addi tional members to the regional police commission as if the council had appointed 9 members to the commission. Police Amendment Act, 2022 25(1) Amends

chapter 22 of the Statutes of Alberta, 2022.

(2) Section 31 presently reads in part: 43.5(6) Notwithstanding subsection (4)(b), if the chief executive officer of the Police Review Commission is of the opinion that the alleged contravention is not of a serious nature, the chief executive officer may, subject to the regulations, dispose of the matter without conducting a hearing. Post-secondary Learning Act 26(1) Amends

chapter P-19.5 of the Statutes of Alberta, 2003.

(2) Updates cross-reference.

43 Public Interest Disclosure (Whistleblower Protection) Act Amends SA 2012 cP-39.5 27(1) The Public Interest Disclosure (Whistleblower Protection) Act is amended by this section.

(2) Section 38(5) is amended by striking out “a successor in appointed” and substituting “a successor is appointed”. Public Service Employee Relations Act Amends RSA 2000 cP-43 28(1) The Public Service Employee Relations Act is amended by this section.

(2) Section 28(1)(c)(

i) and (ii) are amended by striking out “section 95.2(c)” and substituting “section 95.2(1)(c)”. Red Tape Reduction Statutes Amendment Act, 2023 Amends SA 2023 c5 29(1) The Red Tape Reduction Statutes Amendment Act, 2023 is amended by this section.

(2) Section 9 is amended (

a) in subsection (17) in the n ew

section 31(9)(

b) by striking out “without knowledge of the security interest,”; (

b) in subsection (22) in the new

section 41 by adding the following after subsection (6):

(7) To the extent that an assigned right to payment arising out of the contract has not been earned by performance, and notwithstanding notice of the assignment to the account debtor, any modification of or substitution for the contract, made in good faith and in accordance with reasonable commercial standards and without material adverse effect on the assignee’s rights under the contract or the assignor’s ability to perform the contract, is effective against the assignee unless the account

43 Explanatory Notes Public Interest Disclosure (Whistleblower Protection) Act 27(1) Amends

chapter P-39.5 of the Statutes of Alberta, 2012.

(2) Corrects typographical error. Public Service Employee Relations Act 28(1) Amends

chapter P-43 of the Revised Statutes of Alberta 2000.

(2) Updates cross-reference. Red Tape Reduction Statutes Amendment Act, 2023 29(1) Amends

chapter 5 of the Statutes of Alberta, 2023.

(2) Section 9 presently reads in part: 9(1) The Personal Property Security Act is amended by this section.

(17) Section 31 is repealed and the following is substituted:

(9) Subject to subsection (10), a purchaser of chattel paper has priority over a perfected or unperfected security interest in the chattel paper if (

b) without knowledge of the s ecurity interest, the purchaser took possession of tangible chattel paper or obtained control of electronic chattel paper, and

44 debtor has otherwise agreed, but the assignee acquires corresponding rights under the modified or substituted contract.

(8) Nothing in subsection (7) affects the validity of a term in an assignment agreement that provides that a modification or substitution referred to in that subsection is a breach of contract by the assignor.

(9) Where collateral that is either an intangible or chattel paper is assigned, the account debtor may make payments under the contract to the assignor (

a) before the account deb tor receives a notice that (

i) states that the amount payable or to become payable under the contract has been assigned and payment is to be made to the assignee, and (ii) identifies the contract under which the amount payable is to become payable, o r (

b) a f t e r (

i) the account debtor requests the assignee to furnish proof of the assignment, and (ii) the assignee fails to furnis h the proof within 15 days from the date of the request.

(10) Payment by an account debtor to an assignee pursuant to a notice referred to in subsection (9)(

a) discharges the obligation of the account debtor to the extent of the payment.

(11) A term in a contract between an account debtor and an assignor that prohibits or restricts assignment of the whole of the account or chattel paper for money due or to become due is binding on the assignor, but only to the extent of making the assignor liable in damages for breach of contract, and is unenforceable against third parties.

44 Explanatory Notes

45 Skilled Trades and Apprenticeship Education Act Amends SA 2021 cS-7.88 30(1) The Skilled Trades and Apprenticeship Education Act is amended by this section.

(2) Section 5(2) is amended by striking out “The” and substituting “Subject to the regulations, the”.

(3) Section 6(1)(e)(

i) is amended by striking out “and” and substituting “and, subject to any terms and conditions the Registrar considers appropriate,”.

(4) Section 10(2) is amended by adding the following after clause (j): (j.1) respecting the powers and functions of deputy Registrars;

(5) Section 17(2) is amended by striking out “The” and substituting “Subject to the regulations, the”.

(6) Section 19(

b) is amended by striking out “trade certificate issued to the individual outside Alberta” and substituting

45 Explanatory Notes Skilled Trades and Apprenticeship Education Act 30(1) Amends

chapter S-7.88 of the Statutes of Alberta, 2021.

(2) Section 5(2) presently reads:

(2) The Registrar may designate one or more other individuals as deputy Registrars to exercise the powers and carry out the functions of the Registrar in accordance with the terms and conditions set out in their designations.

(3) Section 6(1)(e)(

i) presently reads: 6(1) The Registrar shall, for the purposes of this Part, (

e) consider applications for registration in an apprenticeship education program or an industry training program and, in respect of each application, (

i) accept the application and register the applicant in the apprenticeship education program or industry training program if the Registrar is satisfied that all applicable requirements for registration in the program are met, or

(4) Adds regulation-making authority.

(5) Section 17(2) presently reads:

(2) The Administrator may designate one or more individuals as deputy Administrators to exercise the powers and carry out the functions of the Administrator in accordance with the terms and conditions set out in their designations.

(6) Section 19(

b) presently reads:

46 “document issued outside of Alberta to an individual as being the equivalent of a trade certificate”.

(7) Section 22(2) is amended by adding the following after clause (k): (k.1) respecting the powers and functions of deputy Administrators; Water Act Amends RSA 2000 cW-3 31(1) The Water Act is amended by this section.

(2) Section 158(3)(

a) is amended by striking out “under under” and substituting “under”. Weed Control Act Amends SA 2008 cW-5.1 32(1) The Weed Control Act is amended by this section.

(2) Section 1 is amended by renumbering clause (

a) as clause (a.1) and by adding the following before clause (a.1): (a) “business day” means a day other than a Saturday or a Sunday or other holiday;

46 Explanatory Notes 19 The Administrator may, in accordance with the regulations, suspend, on any terms and conditions the Administrator considers appropriate in the circumstances, or revoke (

b) in respect of an individual , notwithstanding any order of the Board under

section 14(2)(c), the recognition of a trade certificate issued to the individual outside Alberta.

(7) Adds regulation-making authority. Water Act 31(1) Amends

chapter W-3 of the Revised Statutes of Alberta 2000.

(2) Section 158(3) presently reads in part:

(3) When determining the amount of compensation pursuant to an appeal under this section, the Land and Property Rights Tribunal (

a) has all the powers, duties and functions of the Land and Property Rights Tribunal under under the Land and Property Rights Tribunal Act, Weed Control Act 32(1) Amends

chapter W-5.1 of the Statutes of Alberta, 2008.

(2) Adds definition.

47 (3)

Section 24(4) is amended by striking out “days” and substituting “business days”.

(4) The following is added after

section 31: Transitional 31.1 A notice sent by regular mail prior to the coming into force of this

section shall be deemed to have been received in accordance with

section 24(4) as it read immediately prior to the coming into force of this section. Witness Security Act Amends SA 2010 cW-12.5 33(1) The Witness Security Act is amended by this section.

(2) Section 5(2)(

b) is amended by adding “or the Department of Justice” after “the department”. Workers’ Compensation Act Amends RSA 2000 cW-15 34(1) The Workers’ Compensation Act is amended by this section.

(2) Section 99 is amended by striking out “section 62” and substituting “section 63”.

47 Explanatory Notes (3)

Section 24(4) presently reads:

(4) For the purpose of this section, a notice sent by regular mail is deemed to have been received by the person 7 days from the date of mailing.

(4) Transitional. Witness Security Act 33(1) Amends

chapter W-12.5 of the Statutes of Alberta, 2010.

(2) Section 5(2) presently reads in part:

(2) The Minister shall appoint (

b) a roster of eligible pe rsons, who are employees of the department, to act as the other members of the Witness Security Panel. Workers’ Compensation Act 34(1) Amends

chapter W-15 of the Revised Statutes of Alberta 2000.

(2) Updates cross-reference.

RECORD OF DEBATE Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Title: 2023 (31st, 1st) Bill 9, Miscellaneous Statutes Amendment Act, 2023

Document details

Collection	Alberta — Bills
Citation	L31 S1 12022
Type	bill
Volume / chapter	L31 S1 12022
Language	en
Format	json
Source	PROVINCIAL
Identifier	4f2ad048896d872251085662455719542c7ab456

Source file is stored in the law ingest library (json).