Bill 23 — Third Session, 27Th Legislature, 59 Elizabeth Ii the Legislative Assembly of Alberta Bill 23 Post-Secondary Learning Amendment Act, 2010 (Legislature 27, Session 3)

L27 S3 8100

Alberta — Bills

2010 Bill 23 Third Session, 27th Legislature, 59 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 23 POST-SECONDARY LEARNING AMENDMENT ACT, 2010 MR. WEADICK First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 23 Mr. Weadick BILL 23 2010 POST-SECONDARY LEARNING AMENDMENT ACT, 2010 ( A s s e n t e d t o , 2 0 1 0 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 2003 cP-19.5 1 The Post-secondary Learning Act is amended by this Act. 2 The following is added after

section 1: Provincial laws prevail 1.1 If there is an inconsistency between this Act or any other enactment and a resolution, regulation, bylaw, rule, policy or other instrument made under this Act, the instrument is of no effect to the extent of the inconsistency. 3

Section 18 is amended (

a) in subsection (2) (

i) in clause (a)(iv) by striking out “the bylaws” and substituting “a bylaw”; (ii) by adding the following after clause (a)(iv): (

v) establishing fees respecting the parking of vehicles and providing for the collection of those fees;

1 Explanatory Notes Explanatory Notes 1 Amends

chapter P-19.5 of the Statutes of Alberta, 2003. 2 Provincial laws prevail. 3

Section 18(2)(

a) and (3) presently read:

(2) A board may make the following bylaws to control vehicles and pedestrians on university land: (

a) parking bylaws (

i) governing the places where, the times when and the conditions on which persons are authorized to park or are prohibited from parking vehicles; (ii) authorizing any person to allocate reserved parking locations to persons, subject to the conditions prescribed by the bylaws;

2 (vi) prescribing penalties, including fines, to be imposed for contraventions of bylaws made under this clause and providing for the imposition and collection of those penalties; (vii) providing for the hearing and determination of disputes arising in relation to (

A) contraventions of bylaws, or (

B) the imposition and collection of penalties under this clause. (

b) in subsection (3) by striking out “see” and substituting “ensure”. 4 The following is added after

section 61: Parking bylaws 61.1 The board of governors of a public post-secondary institution assigned under

section 102.2(2) to the Baccalaureate and Applied Studies Institutions sector may make the following parking bylaws to control vehicles on institution land: (

a) governing the places wher e, the times when and the conditions on which persons are authorized to park or are prohibited from parking vehicles; (

b) authorizing any person to allocate reserved parking locations to persons, subject to the conditions prescribed by the bylaws; (

c) providing for the placemen t of parking control signs, markings and meters prohibiting or governing the parking of vehicles; (

d) providing for the impounding and removal of vehicles parked or left in contravention of a bylaw; (

e) establishing fees respecting the parking of vehicles and providing for the collection of those fees;

2 Explanatory Notes (iii) providing for the placement of parking control signs, markings and meters prohibiting or governing the parking of vehicles; (iv) providing for the impounding and removal of vehicles parked or left in contravention of the bylaws;

(3) A bylaw under subsection (2) may delegate to any person the authority to determine where parking control signs, markings and meters or traffic control devices are to be placed and the duty to see that they are so placed and that a record of the locations is kept. 4 Parking bylaws.

3 (

f) prescribing penalties, including fines, to be imposed for contraventions of bylaws made under this

section and providing for the imposition and collection of those penalties; (

g) providing for the hearing and determination of disputes arising in relation to (

i) contraventions of bylaws, or (ii) the imposition and collection of penalties under this section. 5 The following is added after

section 129: Division 1.1 Validity and Enforcement of Bylaws Transitional 129.1(1) In this section, (a) “amendment Act” means the Post-secondary Learning Amendment Act, 2010; (b) “BASI” means a public post-secondary institution assigned under

section 102.2(2) to the Baccalaureate and Applied Studies Institutions sector; (c) “board of governors” includes, (

i) for the purposes of subsection (2), (

A) an initial governing authority established under

section 4 of this Act, (

B) a board as defined in the Universities Act, RSA 2000 cU-3, and (

C) an interim governing body established under

section 4 of the Universities Act, RSA 2000 cU-3, and

3 Explanatory Notes 5 Validity and enforcement of bylaws.

4 (ii) for the purposes of subsection (3), (

A) an initial governing authority established under

section 41 of this Act, (

B) a college board as defined in the Colleges Act, RSA 2000 cC-19, and (

C) an interim governing authority established under

section 3 of the Colleges Act, RSA 2000 cC-19; (d) “instrument” includes a re solution, a regulation, a bylaw, a rule and a policy.

(2) If, before the coming into force of

section 3 of the amendment Act, the board of governors of a university made or purported to make an instrument under (

a) section 15 of the Universities Act, SA 1966 c105, as that

section read at any time before its repeal, (

b) section 15 of the Universities Act, RSA 1970 c378, as that

section read at any time before its repeal, (

c) section 17 of the Universities Act, RSA 1980 cU-5, as that

section read at any time before its repeal, (

d) section 17 of the Universities Act, RSA 2000 cU-3, as that

section read at any time before its repeal, or (e)

section 18(2)(

a) of this Ac t, as that clause read at any time before the coming into force of

section 3 of the amendment Act, respecting a matter that

section 18(2)(

a) of this Act authorizes the board of governors to make a bylaw respecting, the instrument is conclusively deemed to be a valid bylaw for all purposes.

(3) If, before the coming into force of

section 3 of the amendment Act, the board of governors of a BASI, or of any public post-secondary institution that later became a BASI, made or purported to make an instrument under

4 Explanatory Notes

5 (

a) section 36 of the Colleges Act, SA 1969 c14, as that

section read at any time before its repeal, (

b) section 36 of the Colleges Act, RSA 1970 c56, as that

section read at any time before its repeal, (

c) section 10 of the Colleges Act, RSA 1980 cC-18, as that

section read at any time before its repeal, (d)

section 16(1) of the Colleges Act, RSA 2000 cC-19, as that subsection read at any time before its repeal, or (

e) this Act, as it read at any time before the coming into force of

section 4 of the amendment Act, respecting a matter that

section 61.1 of this Act authorizes the board of governors to make a bylaw respecting, the instrument is conclusively deemed to be a valid bylaw for all purposes.

(4) No action taken under an instrument that is deemed by subsection (2) or (3) to be a valid bylaw, including, without limitation, (

a) the collection of a fee, (

b) the imposition and collection of a penalty, including a fine, for failure to pay a fee levied under the instrument, or (

c) the removal or impoundment of a vehicle parked or left in contravention of the instrument, is invalid solely because the instrument under which the action was taken was invalid before the coming into force of this section, and no refund, restitution or other compensation shall be paid in respect of any fees or penalties, including fines, collected under the instrument.

(5) This

section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

(6) This

section applies despite any former Act and despite any decision of a court to the contrary. 6 This Act comes into force on Proclamation.

5 Explanatory Notes 6 Coming into force.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2010 (27th, 3rd) Bill 23, Post-secondary Learning Amendment Act, 2010

Document details

Collection	Alberta — Bills
Citation	L27 S3 8100
Type	bill
Volume / chapter	L27 S3 8100
Language	en
Format	json
Source	PROVINCIAL
Identifier	731af2b729bea42e07d5185c6e389ee9a562217e

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