Bill 110 — Fourth Session, 16Th Legislature, 20 Elizabeth Ii the Legislative Assembly of Alberta Bill 110 the Public Service Administrative Transfers Act (Legislature 16, Session 4)

L16 S4 4947

Alberta — Bills

1971 Bill 110 Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 110 The Public Service Administrative Transfers Act HON. MR. RAY SPEAKER First Reading ... Second Reading .. Third Reading ... Printed by L. ;3 \Vall, Queen'::; Printer, .l'.;clI1l0ntu!1

BILL 110 1971 THE PUBLIC SERVICE ADMINISTRATIVE TRANSFERS ACT ( Assented to ,1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act (a) "Iappropriation" means an ,appropritation of 'Pubilic moneys of the Province; (b) "enactment" means

an Act or any portion of

an Act; (c) "Minister" means any member 'Of the Executive CQuncil, whether 'Or nQt he is the head of a de partment of the public service of the Province. 2. The Lieutenant Governor in CQuncil may by 'Order (

a) transfer the administration of any enactment from 'One Minister tQ anQther, 'Or (

b) transfer the administration of any part of the publi,c servke from 'One Minister t'O another. 3. Where the administratiQn 'Of an enactment or a part 'Of the public service is transferred to a Minister under sec tiQn 2, the Lieutenant GQvernor in Council may also (

a) transfe'rto that Minister f.or administration the wh'Ole O(r any part of ,an lappropll'ia,ti'on fnr that ena1ctment or f'Or tJhJat part of the 'Pub~[G s'ervice, and (

b) assign a new number tQ the apprQpriation or por tiQn thereof so transferred. 4.

(1) Where the administration 'Of an enactment or a part 'Of the public service is transferred under

section 2 to a Minister whQ is not then the head 'Of a department of the public service, the Lieutenant GQvernor in Council in the same or a subsequent order (a) 'may decJ~re that that Ministe,r i.s, with respect to that eThaCitment 'Or ,that part 'Of the pubHc service, the head 'Ofa depa,rtment of tJhe puhlic 'Siervice f'Or the

Explanatory Notes General. This Bill will enable the transfer of ' the administration of

an Act or a part of the public service from one member of the Executive Council to another, together with the appropriation for that Act or that part of the public service. It is similar in its effect to the Public Service Re-arrangement and Transfer of Duties Act (Canada). I.

Definitions. 2. Order for the transfer of the administration of

an Act or branch from one Minister to another. 3. Transfer of appropriation. 4. If the new Minister had no portfolio prior to the transfer, a declaration under subsection (1) will have the effect of providing the new Minister with the salary of a Minister who is the head of a department. The annual salary could be the same as that for de partment heads ($15,000) or it could be less.

purposes of

section 10, subsection (3) and

section 55, subseCJtion

(1) IQf The Legislative Assembly Act 'and

Part 2 of The M.L.A. Pension Aet, and (

b) notwithstanding ,tfue dec1aration,may preseribe the rate of annual compens'ati'on feT that Minister at 'a rate less than that pres1c1ribed ,in se'ction 55, sub secti'On (1) 'Of The Legisl1ative As'Sembrry Act for the head 'Of a public department.

(2) Any eompe'nsation paid to a Minister pursuant to subsection (l),druuse (

b) shalU be deemed for 'all purposes to becompensrati'On paid to him pur:s~mntto selction 55, subsection (1) 'Of The Legislative Assemb1y Act. 5. Where theadminish'lati'On of an enactm'ent 'Or a part 'Of the public service 'i.s transferred under

section 2 (

a) to a Minister who is the !head of 'a depa1rtment of the public serviee but in hilS own name and not by his name of 'Office, OT (

b) to a Minister who is not then ,the head 'Of a de partment 'Of tJhe public serviee, the Lieutenant Governor in Council may designate the person who shaN be that Minister's deputy. 6. (1) "'''here tihe ,administl'lation 'Of an enlactment is tr'a'nsferred from one M'inister to another under

section 2, t!hen notwithstanding ,anything in that enactment but subject to subS'ercti'On (2), (

a) a Ireference in that enaonnent to the f'ormer Min ister shall be read asa refeTence to the new Min ister, (b) 'a reference in that enaCl1Jment to the department of the forme'r Minis,ter sha!l,l be Iread as 'a reference to the depa'r1tme'llt IQf the new Minister, and (

c) a reference in th,at enactment to the deputy of the former Minister ,Slhrul!l be rerad as la reference to the deputy of the new Minister.

(2) Where the adminilsrtrlation 'Of a portion only of an Aot is transferTed from one Minister ,to another under seotion 2 so that different porUons 'Of the s'ame Act are then under the adm,inistTlation of different Ministers, the Lieu tenant Governor in ClOuncil may ,also. designate ,any pro vislions 'Of that Aot thaJ'tare to be 'administered in ,common by those Min isliers , and 'in those cases 'a reference in the pro visions so designated to a m'ember of t\he Executive Council by his name of office OIr by the word "Minister" shall be deemed t.o be a reference to eitheT of those Ministers. 7. This Act 'Comes into forc'e on rbhe dlay upon which it is 'aslsented to. 2

5. This deals with the appointment of a deputy minister in cases where the transfer is not made to a Minister by his name of office. 6. Substitution of references in an enactment transferred to a new Minister. Subsection (2) deals with a case of a transfer of part of an enactment where some of the provisions are to be administered by either Minister, e.g., provisions giving powers of inspection, set ting of fees etc. 2 Title: 1971 (16th, 4th) Bill 110, The Public Service Administrative Transfers Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4947
Type	bill
Volume / chapter	L16 S4 4947
Language	en
Format	json
Source	PROVINCIAL
Identifier	66539762aba26e39adf95fac618a025a832fcf53

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