Bill 90 — Second Session, 20Th Legislature, 33 Ehzabeth Ii the Legislative Assembly of Alberta Bill 90 Miscellaneous Statutes Amendment Act, 1984 the Attorney General (Legislature 20, Session 2)

L20 S2 3559

Alberta — Bills

1984 BILL 90 Second Session, 20th Legislature, 33 Ehzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 90 MISCELLANEOUS STATUTES AMENDMENT ACT, 1984 THE ATTORNEY GENERAL First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

BiU 90 ~ BILL 90 1984 MISCELLANEOUS STATUTES AMENDMENT ACT, 1984 (Assented to , 1984) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows: / The Alberta Agricultural Research Trust Act is amended in

section 5(l)(

f) by striking out "The Board of Du"ectors ofthe Research Coun cil of Alberta" and substituting "the Alberta Research CouncU". 2 The Alberta Educational Communications Corporation Act is amended (

a) in

section 4(1) by striking out "member" and substituting'"^- rector"; (

b) in sections 4(1.1) and 5(2) by striking out "members" and substituting "directors".

Explanatory Notes 1 Amends

chapter A-14 of the Revised Statutes of Alberta

Section 5(1 )(

f) presently reads: 5(1) The Lieutenant Governor in Councd shall appoint 12 trustees con sisting ofthe Deputy Minister of Agriculture, the Dean ofthe Faculty of Agriculture of The University of Alberta arui (

f) one representative nominated by The Board of Directors of the Research Council of Alberta. 2 This

section amends

chapter A-18 of the Revised Statutes of Alberta 1980. Sections 4(1), (1.1) and 5(2) presently read: 4(1) A person is not eligible to be appointed or to continue as a member ofthe Corporation if, directly or indirectly, as owner shareholder director officer partner or otherwise, he (

a) is engaged in a broadcasting undertaking, or (

b) has any pecuniary interest or proprietary interest in (

i) a broadcasting undertaking, (ii) the production or distribution of program material suitable for use by a broadcasting undertaking, or (iii) the manufacture or distribution of radio apparatus except where the distribution is incidental to the general mercharuiising of goods by wholesale or by retail.

(1.1) Only persons who (

a) are Canadian citizens or have been lawfully admitted to Canada for permanent residence, and (

b) are residents of Alberta are eligible to be appointed or to continue as members ofthe Corporation. 5(2) A majority of members holding office constitutes a quorum for meet ings ofthe Corporation. Explanatory Notes

3 The Alberta Evidence Act is ameruied in

section 30(l)(

c) by strikine out "assistant" and substituting "Deputy". ^ 4 The Alberta Health Care Insurance Act is amended in

section 3(2) by striking out "extended health benefits" and substituting "exttniti health services". 5 The Animal Protection Act is amended in

section 9(2) by striking out "Attomey General" and substituting "Sohcitor General". 6 The Artiftcial Insemination of Domestic Animals Act is amended in

section 4(1) by striking out "an offence," arui substituting "an of fence and hable". 7 The Assignment of Book Debts Act is ameruied (

a) in

section 2(

c) by striking out "debts" arui substituting "book debts"; (

b) in

section 15 by adding "in CouncU" after "Lieutenant Gov emor". 8 The Bills of Sale Act is amended in

section 12(3) by striking out "affidavit" and substituting "affidavits".

3 This

section amends

chapter A-21 ofthe Revised Statutes of Alberta

Section 30(1 )(

c) presendy reads: 30(1) Prima facie proof of a proclamation, order regulation or appoint ment to office maybe given by the production (

c) of a copy of or extract from the proclamation, order regulation or appointment arui purporting to be certified to be a true copy by a Minister or head of a department or by the Clerk or assistant or acting Clerk ofthe Executive CouncU or by the head of a department ofthe Government of Canada or of a provincial or territorial government or by his deputy or acting deputy. 4 This

section amends

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

Section 3(2) presently reads: 3(2) The Minister shall, in accordance with the regulations, provide ex tended health benefits to a registrant and his dependants if (

a) the registrant or his spouse is 65 years of age or older, or (

b) the registrant is receiving a widow's pension. 5 This

section amends

chapter A-42 ofthe Revised Statutes of Alberta 1980.

Section 9(2) presently reads:

(2) The Attorney General may, pursuant to the Police Act, appoint any officer or employee of a humane society as a special constable with au thority to exercise the powers of a peace officer for the purposes ofthis Act. 6 This

section amends

chapter A-45 ofthe Revised Statutes of All)erta 1980.

Section 4(1) presently reads: 4(1) A person who contravenes this Act or the regulations is guilty of an offence, (

a) if the offender is a technician, to a fine of not more than $25 for a first offence arui not more than $100 for a subsequent offence, (

b) if the offender is a semen producing business, a semen bank or an inseminating business, to a fine of not more than $100 for a first offeree arui not more than $250 for a subsequent offence, or (

c) if the offender is other than a technician, semen producing busi ness, semen bank or inseminating business, to a fine of not more than $100 for a first offence and not more than $250 for a subsequent offence. 7 This

section amends

chapter A-47 of the Revised Statutes of Alberta 1980. Secdons 2(

c) and 15 presently read: 2 This Act does not apply to (

c) an assignment of debts becoming due uruier specified contracts; 15 The Lieutenant Governor may make regulations prescribing forms for the purposes ofthis Act. 8 This

section amends

chapter B-5 ofthe Revised Statutes of Alberta 1980.

Section 12(3) presently reads:

(3) When the mortgage relates to a chattel other than an itinerant ma chine, it shaU be registered by filing the instruments arui affidavit required by subsection (

I) in the Central Registry within 30 days after the grantee receives notice ofthe permanent removal ofthe chattel into Alberta. Explanatory Notes

9 The Blind Persons' Rights Amendment Act, 1983 is amended in

section 5(

a) by adding "in subsection (1)" before "by adding". 10 The City Transportation Act is ameruied in

section 33(2)(

b) and (

c) by striking out "urban". 11 The Clean Air Act is amended in

section 12(l)(

b) by striking out "10" and substituting "18". 12 The Coal Mines Safety Act is ameruied in

section 52(2) by striking out''of an". 13 The Commissioners for Oaths Act is ameruied in

section 6 by striking out "or a member elect". 14 The County Act is amended in

section 12(

b) by striking out "country" and substituting "county". 15 The Crown Cultivation Leases Act is amended by repealing sec tion 1(

c) and substituting the following: (c) "Minister" means the member of the Executive Council charged by the Lieutenant Govemor in CouncU with the admin istration of this Act;

9 This

section amends

chapter 19 of the Statutes of Alberta, 1983. 10 This

section amends

chapter C-10 of the Revised Statutes of Alberta

Section 33(2Xb) and (

c) presendy read:

(2) Without restricting the generality of subsection (I), the Minister may make regulations (

b) prescribing the form of the by-law establishing the urban trans portation system pursuant to

section 4; (

c) prescribing the approvals by the Minister required for the various stages of development of designs, plans arui specifications as they are developed for the urban transportation system; 11 This

section amends

chapter C-12 of the Revised Statutes of Alberta

Section 12(l)(

b) presently reads: 12(1) The Lieuteruint Governor in CouncU may by regulation designate any officer ofthe Crown or any government agency as a person who shaU exercise the same power arui authority as the power of the Director of Pollution Control (

b) pursuant to the regulations made uruier

section 10. 12 This

section amends

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

Section 52(2) presently reads:

(2) The Lieutenant Governor in Council may authorize payment from the General Revenue Fund of any costs, expenses arui remuneration of an incidental to the implementation of the provisions of this Act and the regulations. 13 This

section amends

chapter C-19 of the Revised Statutes of Alberta

Section 6 presently reads: 6 A member or a member elect ofthe Legislative Assembly of Alberta, a member from Alberta ofthe House of Commons of Canada, a member of the Senate of Canada who at the time of his appointment as a senator is a resident of Alberta, a member of a municipal council in Alberta or a member of a board of trustees of a school district or school division in Alberta is ex officio a commissioner empowered to administer oaths and take and receive affidavits, declarations and affirmations in or outside Alberta for use in Alberta. 14 This

section amends

chapter C-27 of the Revised Statutes of Alberta

Section 12(

b) presently reads: 12 On the effective date ofthe establishment ofthe county (

b) the councU or the board of any municipality or school division that is partly included within the county ceases to have any jurisdiction over the part that is included within the country, 15 This

section amends

chapter C-37 of the Revised Statutes of Alberta

Section 1(

c) presently reads: 1 In this Act, (c) "Minister" means the Minister of Energy arui Natural Resources; Explanatory Notes

16 The Department ofthe Attorney General Act is amended by re pealing

section 6(1) arui substituting the following: 6(1) There shaU be an Inspector of Legal Offices who shall be appointed by the Lieutenant Govemor in CouncU. 17 The Domestic Relations Act is amended in

section 37(3) by strik ing out "Registrar of Titles" and substituting "Registrar of Land Ti- ties". 18 The Execution Creditors Act is amended in

section 22(l)(

c) by striking out "it" and substituting "he". 19 The Expropriation Act is amended in

section 52(2) by striking out "48" and substituting "49". 20 The Family Relief Act is amended in

section 15(1) by striking out "subsection (1)" and substituting ""suh^cXion (2)". 21 The Harvesting Liens Act is amended in

section 7 (

a) by striking out theftrst "under the Chattel Security Registries Act"; (

b) by adding "and" at the end of clause (

a) and by striking out ", and" at the end of clause (b). 22 The Hospitals Act is amended (

a) in

section 2(l)(

e) by striking out "one and more" and substi tuting "one or more"; (

b) in

section 40(6) by renumbering the clause (cl) that immedi ately follows clause (

c) as clause (c.Ol).

16 This

section amends

chapter D-13 of the Revised Statutes of Alberta 1980.

Section 6(1) presendy reads: 6(1) In accordance with the Public Service Act there may be appointed some person, being a barrister, solicitor or advocate of at least 3 years' standing of one ofthe provinces of Canada to be Inspector of Legal Offices. 17 This

section amends

chapter D-37 of the Revised Statutes of Alberta 1980.

Section 37(3) presendy reads:

(3) The Court may make an order directing the Registrar of Titles to cancel the registration of an order under subsection (

I) against part or aU ofthe estates arui interests ofthe person ordered to pay maintenance or alimony arui uruier any terms and coruiitions the Court considers neces sary. 18 This

section amends

chapter E-14 of the Revised Statutes of Alberta.

Section 22(1 Xc) presently reads: 22(1) A judge may, on notice being given to any persons he considers proper proceed to hear arui determine in a

summary manner the appli cation of a claimant whose claim is contested and for that purpose may (

c) make any order as to the payment of costs that it thinks proper in the circumstances. 19 This

section amends

chapter E-16 of the Revised Statutes of Alberta 1980.

Section 52(2) presendy reads:

(2) When the Board makes a determination uruier

section 48, the amount payable in respect of interest under this

section to the security holder shaU be in the same proportion in relation to the total payment made on ac count of interest that the larui being expropriated and subject to the secu rity interest bears to the entire amount of land subject to the security interest. 20 This

section amends

chapter F-2 ofthe Revised Statutes of Alberta 1980.

Section 15(1) presently reads: 15(1) Subject to subsection (I), no application may be made except within 6 months from the grant of probate ofthe will or of administration. 21 This

section amends

chapter H-2 ofthe Revised Statutes of Alberta

Section 7 presently reads: 7 The Registrar ofPersoruil Property desigruUed uruier the Chattel Se curity Registries Act under the Chattel Security Registries Act (

a) shall receive arui file all crop mortgage notes delivered to him, (

b) shall keep a register in alphabetical order ofthe names of makers of crop mortgage notes so filed with him, arui (

c) repealed 1983 cC-7.1 s22. 22 This

section amends

chapter H-ll of the Revised Statutes of Alberta

Section 2(1 )(

e) presently reads: 2(1) Having regard to the area, population arui other relevant factors, the Minister may by order divide the whole or part of Alberta (

e) into areas which are now or may hereafter be served by one or more general hospitals, one arui more auxiliary hospitals and one or more nursing homes, for the purpose of establishing general arui aux iliary hospital arui nursing home districts. Explanatory Notes

23 The Improvement Districts Act is amended in

section 26(l)(

b) bv adding "iCan&da)" after "Board". 24 The Insurance Act is amended (

a) in

section 94(2)(a)(

i) by striking out "Ceylon" and substituting "Sri Lanka"; (

b) in

section 297(1) by striking out "signed by the insurer" and substituting "signed by the insured". 25 The Irrigation Act is ameruied in

section 35(4) by striking out "31(l)(c)" and substituting "31(l)(b)". 26 The Labour Relations Act is amended (

a) in

section 7(1) by striking out "or a reference under

section 113"; (

b) in

section 142(5)(

a) by striking out ", trade union organiza tion". 2 7 The Larui Surface Conservation and Reclamation Act is amended in

section 36(2) by adding "or the Associate Minister of Public Lands and Wildhfe" after "Resources" in the words preceding clause (a).

23 This

section amends

chapter I-l ofthe Revised Statutes of Alberta

Section 26(1 )(

b) presently reads: 26(1) The Minister may on behalf of an improvement district acquire by gift (

b) from the Soldier Settlement Board, or 24 This

section amends

chapter 1-5 ofthe Revised Statutes of Alberta 1980. Sections 94(2)(a)(

i) and 297(1) presently read:

(2) A company may only invest itsfuruis or any portion thereof in (

a) the bonds, debentures, stocks or other evidences of indebtedness of or guaranteed by the Government of (

i) Canada, Australia, Ceylon, India, New Zealand. Pakistan, the Union of South Africa, or the United Kingdom or any province or state thereof, or Southern Rhodesia or the Republic of Ireland, 297(1) A copy ofthe written application, signed by the insurer or his agent, or if no signed application is made, a copy ofthe purported application, or a copy of the part of the application or purported application that is material to the contract, shall be embodied in, endorsed on or attached to the policy when issued by the insurer 25 This

section amends

chapter I-11 of the Revised Statutes of Alberta.

Section 35(4) presently reads:

(4) When the Court declares a director disqualified for a breach of

section 31(l)(c). it may order the disqualified director to pay the total amount of any profit so made to the board. 26 This

section amends

chapter L-1.1 of the Revised Statutes of Alberta 1980. Sections 7(1) and 142(5)(

a) presendy read: 7(1) Notwithstanding

section 6, the Chairman may sit alone to hear and decide a question under

section 88(5) or a reference under

section 113. 142(5) When the Board is satisfied after an inquiry that an employer, employers' organization, employee, trade union or any other person has failed to comply with any provision ofthis Act that is specified in a com plaint, the Board may issue a directive to rectify the act in respect of which the complaint is made and without restricting the generality of the fore going (

a) may issue a directive or interim directive to the employer, employ ers' organization, employee, trade union, trade union organization or other person concerned to cease doing the act in respect of which the complaint was made; 27 This

section amends

chapter L-3 ofthe Revised Statutes of Alberta 1980.

Section 36(2) presently reads:

(2) If a regulation is made uruier subsection (1) and transfers administra tion to the Minister of Energy arui Natural Resources, then, with respect to the part of Alberta affected by the regulation and with respect to the kirub of operations specified in the regulation, (

a) the deputy chairman designated by the Minister of Energy and Natural Resources or the Associate Minister of Public Lands arui WUdlife shall, in his capacity as deputy chairman, exercise and per form the powers and duties ofthe chairman, arui Explanatory Notes

28 The Liquor Control Act is amended in

section 141(1) by striking out "section 137" and substituting "section 136". 29 The Local Authorities Election Act is amended in

section 127(4) by striking out "commissioner for taking affidavits" and substituting "commissioner for oaths". 30 The Medical Profession Act is amended by repealing

section 1(

f) and substituting the following; (f) "Minister" means the member of the Executive Council charged by the Lieutenant Govemor in CouncU with the admin istration of this Act; 31 The Mental Health Act is amended (

a) in

section l(k)(ii) by striking out "in CouncU"; (

b) in

section 5(l)(

h) by striking out "Hospitals" and substituting "Hospital". 32 The Mineral Titles Redemption Act is amended in

section 2(

b) by striking out "Mines and Minerals" and substituting "Energy and Nat ural Resources" . 33 The Motor Transport Act is amended in

section 36(

b) by striking out "object" and substituting "subject". 34 The Native Co-operative Guarantee Act is amended (

a) in

section 3 by striking out "disabdity" and substituting "lia- bihty";

28 This

section amends

chapter L-17 of the Revised Statutes of Alberta 1980.

Section 141(1) presently reads: 141(1) When 60% or more of the electors voting in a plebiscite under

section 137 or under

section 143 vote in favour ofthe issuance of licences, no further question in respect of licences may before the expiration of 3 years after the date of the plebiscite, be submitted to a vote ofthe electors. 29 This

section amends

chapter L-27.5 of the Statutes of Alberta, 1983.

Section 127(4) presendy reads:

(4) The recognizance to be allowed as sufficient by the judge shaU be entered into before the judge or before a commissioner for taking affidavits by (

a) the person raising the issue, in the sum of $200, and (b) 2 sureties on affidavits of justification, each in the sum of $100, arui shaU be conditioned to prosecute the motion with effect to pay to the resporuient any costs that may be adjudged to him against the person raising the issue. 30 This

section amends

chapter M-12 of the Revised Statutes of Alberta

Section 1(

f) presently reads: I In this Act, (f) "Minister" means the Minister of Social Services and Community Health; 31 This

section amends

chapter M-13 of the Revised Statutes of Alberta 1980. Sections l(k)(ii) and 5(l)(

h) presently read: 1 In this Act, (k) "patient" means (ii) a person detained pursuant to a warrant of the Lieutenant Governor in Council, arui 5(1) There is hereby established a Provincial Mental Health Advisory Council consisting of (

h) one person nominated by the Alberta Hospitals Association, 32 This

section amends

chapter 44 ofthe Statutes of Alberta,

Section 2(

b) presently reads: (b) "Minister" means the Minister of Mines and Minerals; 33 This

section amends

chapter M-20 of the Revised Statutes of Alberta

Section 36(

b) presently reads: 36 No person may operate a public vehicle on a highway for the purpose of transporting goods or passengers unless (

b) the vehicle is the object of a subsisting certificate of registration under the Motor Vehicle Administration Act, a permit issued uruier

section 19 or a certificate issued pursuant to a reciprocal agreement under

section 12 or 13, and 34 This

section amends

chapter N-2 ofthe Revised Statutes of Alberta 1980. Sections 3 and 6(

d) presendy read: 3 The total disability ofthe Government under this Act shaU not exceed $5 000 000 at any given time. Explanatory Notes

(

b) in

section 6(

d) by striking out "Co-operative Associations" and substituting "Co-operative Activities". 35 The OU and Gas Conservation Act is amended in

section 95(7) by striking out "section 99" arui substituting "section 92". 36 The Ombudsman Act is amended in

section 10 by renumbering the subsection (4) that follows subsection (5) as subsection (6). 37 The Psychiatric Nursing Training Act is amended in

section 2(l)(

b) and (2) by striking out "Assistant Director of Mental Healtii" and substituting "Associate Director of Mental Health Services".

6 The Lieutenant Governor in CouncU may make regulations (

d) specifying the duties of the Director of Co-operative Assocations with regard to this Act, including the evaluation, investigation and supervision of applications by associations; 35 This

section amends

chapter 0-5 ofthe Revised Statutes of Alberta 1980.

Section 95(7) presently reads:

(7) If the proceeds ofthe oil, gas and crude bitumen produced at the weU are not sufficient to pay aU costs and expenses of and incidental to the proceedings, investigations and measures taken by the Board, arui the Board directs that the balance ofthe costs arui expenses or any part of it is to be paid by the licensee ofthe well, then the provisions of

section 99 regarding the use ofthe deposit arui regarding the further liability ofthe licensee with respect to the costs referred to in that

section apply, with aU necessary modifications, to the use ofthe deposit, arui to the further liabil ity ofthe licensee to defray the balance ofthe costs arui expenses that are incurred pursuant to this section. 36 This

section amends

chapter 0-7 of the Revised Statutes of Alberta

Section 10 presendy reads: 10(1) There shall be a department ofthe public service of Alberta called the Office ofthe Ombudsman consisting ofthe Ombudsman and the em ployees appointed pursuant to the Public Service Act to assist the Om budsman in the efficient carrying out of his functions under this Act.

(2) On the recommendation of the Ombudsman, the Select Standing Committee may order that (

a) any regulation, order or directive made under the Financial Administration Act, or (

b) any regulation, order directive, rule, procedure, direction, alloca tion, designation or other decision under the Public Service Act be inapplicable to, or be varied in respect of, the Office ofthe Ombudsman or any particular employee or class of employees in the Office ofthe Om budsman.

(3) An order made under subsection (2)(

a) in relation to a regulation, order or directive made under the Financial Administration Act operates not withstanding that Act.

(4) The Regulations Act does not apply to orders made uruier subsection (2).

(5) The chairman ofthe Select Standing Committee shaU lay a copy of each order made under subsection (2) before the Assembly if it is then sitting or if it is not then sitting, within 15 days after the commencement ofthe next sitting.

(4) Every person holding an office or appointment under the Ombudsman shall, before he begins to perform his duties under this Act, take an oath, to be administered by the Ombudsman, that he wiU not divulge any infor mation received by him under this Act except for the purpose of giving effect to this Act. 37 This

section amends

chapter P-24 of the Revised Statutes of Alberta

Section 2(1 )(

b) and (2) presendy read: 2(1) There is hereby constituted an advisory committee consisting of (

b) the Assistant Director of Mental Health, Explanatory Notes

38 The Regional Municipal Services Act is amended by renumbering

section 7(1) as

section 7. 39 The Registered Dietitians Act is amended in

section 34(3) by strik ing out "the Court" and substituting "the Court of Queen's Bench". 40 The Students Finance Amendment Act is amended in

section i by renumbering

section 9.3 as

section 9.3(1). 41 The Surveys Act is amended (

a) by repealing

section 1(

d) and substituting the foUowing: (d) "Minister" means the member of die Executive Coun^ charged by the Lieutenant Govemor in CouncU wiUi tne admiidstration ofthis Act; 8

(2) In the absence ofthe chairman, the Assistant Director of Mental Health may act as chairman, arui in so doing may exercise aU the powers and duties of a member ofthe committee and the chairman ofthe committee. 38 This

section amends

chapter R-9.1 ofthe Statutes of Alberta, 1981. Sec tion 7(1) presently reads: 7(1) A regional services commission for the purpose of achieving its objects may (

a) acquire arui finance, construct, operate and dispose of water lines, sanitary or storm sewer lines, arui water waste arui sanitary or storm sewerage plants and facilities; (

b) employ persons necessary to carry out its operations arui terminate the employment of persons employed by it; (

c) subject to

section II, acquire by purchase, expropriation or other wise arui dispose of any estate or interest in real property; (

d) engage the services of a bank, trust company, treasury branch, credit union or other financial institution; (

e) borrow money on its credit; (

f) issue notes, bonds, debentures or other evidence of indebtedness; (

g) draw, make, accept, endorse, execute and issue promissory notes, bills of exchange or other negotiable or transferable instruments; (

h) enter into agreements with the Government of Alberta, the Gov ernment of Canada, the government of a province of Canada, an agency of any of those governments, a municipal authority in Alberta or any other person; (

i) invest its funds that are not immediately required by it in author ized trustee investments; (

j) charge for its services. 39 This

section amends

chapter R-10.1 ofthe Statutes of Alberta, 1983.

Section 34(3) presently reads:

(3) For the purpose of obtaining the testimony of a witness who is out of Alberta, a judge of the Court on an application made ex parte by the Association may direct the issuing of a commission for the obtaining of the evidence of the witness, arui the commission shaU be issued arui the evidence taken pursuant to the Alberta Rules of Court. 40 This

section amends

chapter 20 (Supp.) ofthe Revised Statutes of Alberta

Section 9.3 presendy reads in part: 9.3 The Students Finance Appeal Board shad consist of not more than 12 persons appointed by the Minister one of whom shaU be designated by the Minister as the chairman ofthe Appeal Board.

(2) The chairman of the Appeal Board may designate not more than 3 members ofthe Appeal Board to sit as a division ofthe Appeal Board arui shall designate one of those members to preside at a sitting of a division if the chairman is not present at the sitting. 41 This

section amends

chapter S-29 of the Revised Statutes of Alberta 1980. Sections 1(

d) and 86 presendy read: / In this Act, (d) "Minister" means the Minister of Transportation; Explanatory Notes

(b). in

section 86 by striking out "conunissioner for taking affida vits" and substittUing "conunissioner for oaths". 42 The Trust Companies Act is amended in

section 151(l)(

b) by re numbering theftrst subclause (vi) as subclause (iv). 43 The Turner Valley Unit Operations Act is ameruied (

a) in

section 6 by striking out "the original order" wherever it occurs arui substituting "the unit operation order"; (

b) in

section 8(2) by striking out "The order providing for unit operation" and substituting "The unit operation order"; (

c) in

section 10(1) by striking out "an order for unit operation" arui substituting "a unit operation order"; (

d) in

section 14 by striking out "an order for a unit operation" arui substituting "a unit operation order".

86 AU affidavits, oaths, solemn declarations or affirmations required to be taken or made under this Act. except as otherwise provided in this Act. may be taken before any justice ofthe peace, any commissioner for taking affidavits, any notary public, any Alberta land surveyor or any person specially authorized to take them by this Act or by the Minister 42 This

section amends

chapter T.9 ofthe Revised Statutes of Alberta 1980

Section 151(l)(

b) presendy reads: 151(1) In this section. (b) "instrument" includes (

i) any will, codicti or other document having effect on the death of any person, (ii) a settlement, trust deed or any other document creating a trust, (iii) an agreement, transfer assignment, mortgage, encumbrance, charge or certificate of title, or certificate of registration, (vi) letters probate, letters of administration of any kirui, a judg ment, order direction or appointment of any court, judge or other constituted authority, (

v) any pleading, notice or document in an action or other pro ceeding in a court, and (vi) any document registered, filed, lodged or deposited by or with a registrar; 43 This

section amends

chapter T-12 of the Revised Statutes of Alberta 1980. Sections 6, 8(2), 10(1) and 14 presently read: 6(1) On application by the unit operator or the owner to add a tract to an adjacent unit, the Board afier a hearing may add the tract to the unit arui amend the original order accordingly if the tract is not included in an existing unit.

(2) An amending order made uruier subsection (1) must not vary the ratio of allocation of production between unit tracts established under the orig inal order. 8(2) The order providing for unit operation shad be construed as an op erating arrangement and shall not be construed as affecting or transferring title to the unit operator or entitling an owner of a unit tract to an uruii- vided interest in other unit tracts included in the unit. 10(1) On arui after the date on which an order for unit operation comes into force and while the order remains in force, no person shall carry on any operation within the unit, except in accordance with the provisions of the order. 14 When operations are carried on or conducted under arui in accordance with an order for a unit operation (

a) the operations shaUfor aU purposes except for the payment of any rent and royalty be deemed to be operations carried on or coruiucted on each unit tract in the fulfilment of all obligations ofthe owner of the unit tract under each lease or contract applicable thereto, arui (

b) the portion ofthe production allocated to each unit tract, and only that portion, shaU be deemed to have been produced from the unit tract. Explanatory Notes

44 The Uniform Building Standards Act is ameruied in

section 56 by striking out "Minister of Housing and PubUc Works" arui substi tuting "Minister of PubUc Works, Supply and Services". 45 The Workers' Compensation Act is amended in

section 131(14) by striking out "5" and substituting "4". In accordance with

section 4(1) ofthe

Interpretation Act, this BiU comes into force on the date it receives Royal Assent. 10

44 This

section amends

chapter U-4 of the Revised Statutes of Alberta

Section 5.6 presently reads: 5.6 The Lieutenant Governor in CouncU may, on the recommendation of the Minister of Housing and Public Works, make regulations prescribing (

a) the maximum number of dwelling units in a building referred to in

section 5.3(2)(a); (

b) the areas of a building referred to in

section 5.3(2)(

b) or (c). 45 This

section amends

chapter W-16 ofthe Statutes of Alberta, 1981. Sec tion 131(14) presently reads:

(14) A distress warrant under this

section placed in the hands of a sheriff, assistant sheriff, deputy sheriff or sheriff's bailiff constitutes the Board an execution creditor within the meaning of

section 5 ofthe Execution Cred itors Act for the amount claimed in the warrant, which amount shall be included arui stated by the sheriff in any certificate or statement of subs isting executions made or issued by him uruier the Execution Creditors Act. 10 Explanatory Notes Title: 1984 (20th, 2nd) Bill 90, Miscellaneous Statutes Amendment Act, 1984

Document details

Collection	Alberta — Bills
Citation	L20 S2 3559
Type	bill
Volume / chapter	L20 S2 3559
Language	en
Format	json
Source	PROVINCIAL
Identifier	50eb708e76bfe4d8b648b023f6978ba82babf219

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