Bill 39 — Fourth Session, 16Th Legislature, 20 Elizabeth Ii the Legislative Assembly of Alberta Bill 39 the Age of Maiority Act the Attorney General (Legislature 16, Session 4)

L16 S4 4878

Alberta — Bills

1971 Bill 39 Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 39 The Age of Maiority Act THE ATTORNEY GENERAL First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . ..... Second Reading Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 39 1971 THE AGE OF MAJORITY ACT (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1.

(1) Every person attains the age of majority and ceases to be a minor on attaining the age of 18 years.

(2) Every person who on the coming into force of this Act has attained the age of 18 years, but has not attained the age of 21 years, attained the age of majority and ceased to be a minor on the coming into force of this Act.

Section 1 applies for the purpose of any rule of law in respect of which the Legislature has jurisdiction. 3.

(1) In the absence of a definition or of an indication of a contrary intention,

section 1 applies to the construc tion of the expression "adult", "full age", "lawful age", "infant", "infancy", "minor", "minority" and similar ex pressions in (

a) any Act of the Legislature or any regulation, ru~e!. order or bY-law made under

an Act of the LegIS lature enacted or made before, on or after the coming into force of this Act, and (

b) any deed, will or other instrument made on or after the coming into force of this Act.

(2) The use of any expression set out in subsection (1) or any similar expression shall not in itself be taken to i~dicat~ a contrary intention for th~ purpose~ of thi~ sec hon WIthout some further indication of a contrary mtention. 4.

(1) In any provision of

an Act of the Legislature or any regulation, rule, order or by-law made under

an Act of the Legislature enacted or made before the coming into force of this Act, a reference to the age of 21 years shall be read as a reference to the age of 18 years.

Explanatory Notes I. This Bill will reduce the age of majority from 21 to 18 years effective on a date to be fixed by proclamation. The Bill also specifically amends a number of Acts to substitute a reference to 18 for references to 19, 20 or 21 years of age. 2. Application of

section 1. 3. Meaning of words. t 4. Reference to 21 years in existing Acts, regulations, etc., deemed o be a reference to 18 years.

(2) Notwithstanding subsection (1), in the construction of this Act the expression "21 years" means 21 years and subsection (1) does not apply to this Act. 5. Where by any Act of the Legislature,

an Act of Par liament or any provision thereof is made to apply in respect of any Act or matter or thing over which the Legislature has jurisdiction, then in applying that Act of Parliament or that provision thereof in respect of that Act, or matter or thing, any reference to the age of 21 years in the Act of Parliament or provision thereof shall be read as a refe rence to the age of 18 years. o.

(1) In any order or direction of a court made before the date on which this Act comes into force (in the absence of an indication of a contrary intention) a reference to the age of 21 years or to any age between 18 and 21 years or to any of the expressions referred to in

section 3, sub section (1) and similar expression shall be read as a refer ence to the age of 18 years.

(2) The use of the words "21 years" in an order or direction referred to in subsection (1) shall not in itself be taken to indicate a contrary intention for the purposes of this

section without some further indication of a con trary intention. 7.

(1) The time at which a person attains a particular age expressed in years shall be on the commencement of the relevant anniversary of the date of his birth.

(2) This

section applies only where the relev~nt an?i versary falls on a date after that on which thIS

sectIOn comes into force, and in relation to any enactment, dee~, will or other instrument, has effect subj ect to any provI sion therein. 8. Notwithstanding any rule of law a will or codicil executed before the date on which this Act comes into force shall not be treated for the purposes of this Act as m~d~ ?n or a.fter that date by reason only that the will or COdICIl IS confIrmed by a codicil executed on or after that date. 9. This Act does not affect the construction of a provi sion of

an Act of the Legislature or a regulation, rul.e, order or by-law made thereunder that is incorporated III and has effect as part of a deed will or other instrument if the construction of the deed ~ill or other instrument is not affected by

section 3. ' 2

5. Application of age change to Federal statutes adopted by reference. 6. Modification of court orders and directions. 7. Time of attaining a particular age. 8. Effect on existing wills. 9. Statutory provisions incorporated in existing deeds and wills not affected. 2

10. This Act does not invalidate any direction for ac cumulation expressed in a settlement or other disposition made by deed, will or other instrument and executed before the coming into force of this Act that, but for this Act, was a permissible period of accumulation. 11. This Act does not apply so as to affect the law re lating to perpetuities. 12.

This Act does not prejudice a right of action or a defence to an action based upon the age of a party and that was in existence on the coming into force of this Act and, notwithstanding this Act, the law that was in force im mediately prior to the coming into force of this Act applies in that case. 13. Where, on the coming into force of this Act, a person has (

a) attained the age of 18 years but has not attained the age of 21 years, and (

b) a right of action in respect of which the period of limitation applicable to the bringing of the action would have commenced to run on his attaining the age of 21 years had this Act not been enacted, the period of limitation in respect of that right of action commences to run on the coming into force of this Act. 14.

Nothing in this Act prevents the making of an adop tion order under The Child Welfare Act in respect of a person who has attained the age of 18 years where the application for the adoption order was made before the coming into force of this Act and in that case, The Child Welfare Act applies as if this Act had not been enacted. 15.

Nothing in this Act prevents the registration of a change of name under The Change of Name Act of a person who has attained the age of 18 years where the application for the change of name was made by a parent of that per son before the coming into force of this Act and in that case, The Change of Name Act applies as if this Act had not been enacted. 16. The Marriage Act is amended (

a) as to

section 17, subsection (1) by striking out the words "21 years" wherever they occur and by sub stituting the words "18 years", 3

10. Accumulations not affected. I I. Perpetuities not affected. 12. Right of action and defence preserved. 13. Limitation of actions. 14. Existing applications to adopt persons 18 to 21. 15. Existing applications to change names of persons 18 to 21. 16.

Chapter 226 of the R.S.A. 1970 amended. The Act presently provides that, with certain exceptions, (

a) the consent of both parents is required to the marriage of a person under 18, 3

(

b) as to

section 18 by striking out subsection (1) and by substituting the following: 18.

(1) Subject to this section, the consent of the father and the mother are required for the marriage of a person under 18 years of age. (

c) as to

section 18, subsection (2), clause (

b) by strik ing out the words "under 18 years of age", (

d) as to

section 18, subsection (3) by striking out clause (c), (

e) as to

section 18 by striking out subsection (4), (

f) as to

section 19, subsection (1), clause (

a) by strik ing out the words "21 years" and by substituting the words "18 years". 17. The Infants Act is amended (

a) as to

section 11, subsection (1) by striking out the words "Every infant upon" and by sUbstituting the words "Every female infant of the age of 17 years upon", (

b) by striking out

section 13. 18.

(1) The statutory provisions specified in

Schedule 1, Part A are amended by striking out the references therein to the age of "19" and by substituting therefor a reference to the age of "18".

(2) Without derogating from the general effect and operation of

section 4, the statutory provisions specified in

Schedule 1, Part B are amended by striking out the re ferences therein to the age of "21" and by sUbstituting therefor a reference to the age of "18".

(3) This

section and

Schedule 1 come into force on the day upon which this Act is assented to. 19.

(1) Without derogating from the general effect and operation of

section 4, the sta,tutory provisions specified in

Schedule 2, Part A are amended by striking out the re ferences therein to the age of "21" and by substituting therefor a reference to the age of "18".

(2) The statutory provisions specified in

Schedule 2, Part B are amended by striking out the references the-rein to the age of "19" and by substituting therefor a reference to the age of "18".

(3) The statutory provisions specified in

Schedule 2,

Part C are amended by striking out the references therein to the age of "20" and by substituting therefor a reference to the age of "18". . 20. This Act (except s~ction 18 and

Schedule 1) comes Into force on a date to be fIxed by proclamation. 4

(

b) the consent of one parent is required to the marriage of a person 18 to 21. The amendments remove the restrictions relating to persons 18 and over. 17. R.S.A. 1970,

chapter 185 amended.

Section 11 authorizes infants to make marriage settlements but

section 13 limits the application of

section 11 to male infants of 20 and female infants of 17 to 20. 18. Various prOVISIons relating to age qualification to vote or be a candidate at provinCial, municipal and school election ,are changed to conform to the age of majority fixed by this Act. 19. Certain references to age are changed to conform to the age of majority fixed by this Act. 4

Provision

Section 17 (2) (

b) Section 32 First

Schedule Forms 30, 31, 32

SCHEDULE 1 PART A Subject Matter THE ELECTION ACT (R.S.A. 1970, c. 117) must be 19 to be an elector and vote at Provincial elections must be 19 to be a candidate for M.L.A. forms of oaths and affidavits that person is 19 and otherwise qualified to vote THE ALBERTA LORD'S DAY ACT (R.S.A. 1970, c. 221)

Section 2(1) (b) (ii) age 19 to vote under Act in improve ment districts THE MUNICIPAL ELECTION ACT (R.S.A. 1970, c. 245)

Section 4(1) (b)

Section 34 (1)

Section 39 (2) (a) (i)

Section 42 (3) (a, b, c)

Section 42(7) (a)

Section 99 (1) (c) (

i) Age 19 to vote in summer village elections age 19 to vote in municipal elections enumeration of persons of full age of 19 Electors list to show proprietary electors of full age of 19 list of electors to show other qualified persons of full age of 19 swearing in of person aged 19 who is not on electors list THE SCHOOL ACT (R.S.A. 1970, c. 329)

Section 2(e) (i) 19 years or older to be an elector THE SCHOOL ELECTION ACT (R.S.A. 1970, c. 331)

Section 2(f) (i) 19 years or older to be an elector 5

PART B Provision Subject Matter THE LIQUOR CONTROL ACT (R.S.A. 1970~ c. 211)

Section 43 (1) identification cards for persons over 21

Section 77(1-4)

Section 78(1-3)

Section 79 (1,2) age eligibility to purchase liquor or enter licensed premises or liquor stores is 21 selling or supplying liquor to person under 21 delivering of liquor to person under 21 THE LIQUOR LICENSING ACT

Section 16 (

a) Section 67 (1-3) (R.S.A. 1970, c. 212) must be 21 to qualify for a dining lounge or lounge licence person under 21 may enter a licensed dining lounge

Section 86 proof of age if appears under 21

Section 87 (

b) elector means a person over 21 THE LIQUOR PLEBISCITES ACT (R.S.A. 1970, c. 213)

Section 2 (c)

Section 21 (4) FormB elector means a person over 21 no one under 21 can vote full age of 21 THE MUNICIPAL ELECTION ACT

Section 10 (b)

Section 35 (2) (R.S.A. 1970, c. 245) must be 21 to be eligible for council representative of church, or corpora tion must be 21 to vote THE 'SCHOOL ELECTION ACT (R.S.A. 1970, c. 331)

Section 10 (

b) n1ust be 21 years to be a school trustee

SCHEDULE 2 PART A Provision Subject Matter THE ADMINIST'RATION OF ESTATES ACT

Section 8 (1) (b)

Section 8(2) (a, b)

Section 8 (3)

Section 24 6 (R.S.A. 1970, c. 1) notice to dependants under 21 notice to dependants under 21 notice to dependants under 21 when infant sole executor another person shall be executor until infant is 21

Provision Subject Matter ------------------------------------------

Section 18(1)

Section 9(2) (

b) THE AGROLOGISTS ACT (R.S.A. 1970, c. 10) lllust be 21 to be eligible for member ship THE ARCHITECTS ACT (R.S.A. 1970, c. 22) must be 21 to be eligible for member ship THE CHARTERED ACCOUNTANTS ACT (R.S.A. 1970, c. 42)

Section 15 (

d) must be 21 to be admitted as a mem ber THE CHILD WELFARE ACT (R.S.A. 1970, c. 45)

Section 30 (2)

Section 33 (1 )

Section 37

Section 47 (

a) Section 49 (a,

b) surrender of custody of child by par ent under 21 permanent ward of the Crown re mains so until 21 provisions of

Part 2 applicable to parent under 21 child for purpose of adoption is a boy or girl under 21 must be 21 to be eligible to adopt THE CHIROPRACTIC PROFESSION ACT (R.S.A. 1970, c. 46)

Section 12(1) (

a) must be 21 to be eligible for registra tion THE COAL MINES REGULATION ACT (R.S.A. 1970, c. 52)

Section 68 (

a) Section 71 (

a) must be 21 for a blaster's certificate must be 21 for a first class certificate as a mine electrician THE CO-OPERATIVE ASSOCIATIONS ACT (R.S.A. 1970, c. 67)

Section 21 (7) age restriction of 21 to become a director, manager or treasurer 7

Provision Subject Matter FormA THE CREDIT UNION ACT (R.S.A. 1970, c. 72) applicants to incorporate credit union must be 21 THE DENTAL ASSOCIATION ACT (R.S.A. 1970, c. 90)

Section 17 (1) (

e) must be 21 to be eligible as a member THE DENTAL MECHANICS ACT (R.S.A. 1970, c. 92)

Section 15(1) (

a) must be 21 to be eligible for registra tion THE DOWER ACT (R.S.A. 1970, c. 114)

Section 27 Act applies to persons under 21 THE DRAINAGE DISTRICTS ACT (R.S.A. 1970, c. 115)

Section 5 (3)

Section 13(3) (b)

Section 89(1) FormM must be 21 to sign a petition must be 21 to sign a petition must be 21 to be a trustee or vote must be 21 to be a trustee or vote THE FAMILY RELIEF ACT (R.S.A. 1970, c. 134)

Section 2(d) (ii, iii) age of dependant is 21 or over 21 if disabled THE FARM PURCHASE CREDIT ACT (R.S.A. 1970, c. 137)

Section 15 (2) age eligibility for assistance to pur chase farm land is 21 THE FIRE PREVENTION ACT (R.S.A. 1970, c. 144)

Section 21 ( 4) (

b) order to repair to be served on person of 21 8

Provision

Section 5 ( 4)

Section 8 (3) Subject Matter THE FOREST'S ACT (R.S.A. 1970, c. 147) age eligibility to obtain a quota or a licence is 21 age eligibility to obtain a quota or a licence is 21 THE ALBERTA HOSPITALS ACT (R.S.A. 1970, c. 174)

Section 40 (1) (b) 21 is the liability age for hospital charges THE HUMAN TISSUE ACT (R.S.A. 1970, c. 179)

Section 3 (1) (b,

d) Sections 5, 10 (2), 11(2) must be 21 to authorize the use of the body of a deceased member of his family THE INFANTS ACT (R.S.A. 1970, c. 185) age eligibility to dispose of real property, receive payments of divi dends, make marriage settlements and settle actions, is 21 THE ALBERTA INSURANCE ACT (R.S.A. 1970,c. 187)

Section 254(

b) Section 259 and

Section 260

Section 337 (1, 2)

Section 3 (

a) assignment of contract when bene ficiary attains age 21 person who attains age of 16 and 18 has same capacity of person 21 to make an enforceable contract and to receive insurance moneys capacity of minor for certain con tracts the same as if he was 21 THE JURY ACT (R.S.A. 1970, c. 194) age qualification for a juror is 21 THE LAND SURVEYORS ACT (R.S.A. 1970, c. 197)

Section 30(

a) must be 21 to be eligible for registra tion 9

Provision Subject Matter THE LAND TITLES ACT (R.S.A. 1970, c. 198)

Section 47 age eligibility to make a transfer, mortgage, encumbrance or lease is 21 Form 38 deponent of full age of 21 THE LEGAL PROFESSION ACT (R.S.A. 1970, c. 203)

Section 39(2) (

b) must be 21 to be enrolled as a student-at-law THE MAINTENANCE AND RECOVERY ACT (R.S.A. 1970, c. 223)

Section 31

Part 2 applies to parents under 21 THE MARRIAGE ACT (R.S.A. 1970, c. 226)

Section 4( 4)

Section 7 (1) must be 21 to solemnize a marriage must be 21 to be a marriage com missioner THE MINES AND MINERALS ACT (R.S.A. 1970, c. 238)

Section 43 age eligibility to acquire any lease, licence, reservation, permit or other agreement is 21 THE MUNICIPAL GOVERNMENT ACT (R.S.A. 1970, c. 246)

Section 152 (

b) prohibition on sale of firecrackers or fireworks to persons under 21 THE MUNICIPAL TAXATION ACT (R.S.A. 1970, c. 251)

Section 154(

a) representative of corporation, church or estate must be 21 to sign petition for local improvement FormD 10 THE NAMES OF HOMES ACT (R.S.A. 1970, c. 254) deponents belief that person who executed instrument was 21

Provision Subject Matter THE NATUROPATHY ACT (R.S.A. 1970, c. 257)

Section 6(1) (

a) must be 21 to qualify as a member THE OPTOMETRY ACT (R.S.A. 1970, c. 270)

Section 13(3) (a) (must be 21 to be eligible for registra- tion THE PHARMACEUTICAL ASSOCIATION ACT (R.S.A. 1970, c. 274)

Section 32(2) (

a) and must be 21 to be eligible for registra-

section 36(d) (

i) tion

Section 6(1) (b)

Section 133 (2)

Section 20 THE PODIATRY ACT (R.S.A. 1970, c. 277) must be 21 to be eligible for member ship THE SCHOOL ACT (R.S.A. 1970, c. 329) may attend school until 21 THE SOCIETIES ACT (R.S.A. 1970, c. 347) person under 21 liable for payment of fees as if he were 21 THE STUDENTS LOAN GUARANTEE ACT (R.S.A. 1970, c. 354)

Section 6 person under 21 bound by contracts as if of full age THE TRUST COMPANIES ACT (R.S.A. 1970, c. 372)

Section 30(3) (a)

Section 32 (1) and

section 33 (1) age eligibility to be elected a director is 21 THE TRUSTEE ACT (R.S.A. 1970, c. 373) maintenance and education of in fants by trustees until infants attain 21 11

Provision Subject Matter THE VETERINARY SURGEONS ACT (R.S.A. 1970, c. 383)

Section 12(1) (

a) must be 21 to be eligible for registra tion THE WILDLIFE ACT (R.S.A. 1970, c. 391)

Section 34(2) (

b) person not 16 not to hunt unless accompanied by a person 21 THE WILLS ACT (R.S.A. 1970, c. 393)

Section 9 (1, 3) wills of persons under 21 THE WORKMEN'S COMPENSATION ACT (R.S.A. 1970, c. 397)

Section 34(1) (g, i)

Section 37(1) (c), (3) compensation to a dependent child over 16 years and under 21 extension of compensation of depend ent child until attains 21 while attending school

Section 55 (5, 6) if under 21 at date of accident on at taining 21 he may be paid on basis of earnings at the time of the accident of workmen 21 or over

Section 3 (

a) PART B THE CHANGE OF NAME ACT (R.S.A. 1970, c. 41) must be 19 to apply for a change of name THE FAMILY RELIEF ACT (R.S.A. 1970, c. 134)

Section 15 (a,

b) responsibility of Public Trustee to infants under 19 THE VITAL STATISTICS ACT (R.S.A. 1970, c. 384)

Section 8 (1) alteration of given name on applica tion of parent or child 19 or over

PART C THE COAL MINES REGULATION ACT

Section 72(a) 12 (R.S.A. 1970, c. 52) must be 20 for a 2nd class certificate as a mine electrician

12 Title: 1971 (16th, 4th) Bill 39, The Age of Majority Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4878
Type	bill
Volume / chapter	L16 S4 4878
Language	en
Format	json
Source	PROVINCIAL
Identifier	7342aaee86e3970930112fb5c224a5506db6b960

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