Bill 48 (Legislature 30, Session 2)

L30 S2 11886

Alberta — Bills

2020 Bill 48 Second Session, 30th Legislature, 69 Elizabeth II THE LEGISLATIVE ASSEM BLY OF ALBERTA BILL 48 RED TA PE REDUCTION IMPLEMENTATION ACT, 2020 (NO. 2) THE ASSOCIATE MINISTER OF RED TAPE REDUCTION First R eading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 48 BILL 48 2020 RED TAPE REDUCTION IMPLEMENTATION ACT, 2020 (NO. 2) ( A s s e n t e d t o , 2 0 2 0 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Centennial Medal Act Amends SA 2005 cA-14.8 1(1) The Alberta Centennial Medal Act is amended by this section.

(2) Sections 3, 4, 4.1, 5 and 7 are repealed.

1 Explanatory Notes Explanatory Notes Alberta Centennial Medal Act 1(1) Amends

chapter A-14.8 of the Statutes of Alberta, 2005.

(2) Sections 3, 4, 4.1, 5 and 7 presently read: 3(1) Canadian citizens who are current or former long-term residents of Alberta are eligible to be awarded the Alberta Centennial Medal.

(2) The Alberta Centennial Medal shall not be awarded posthumously except in the case of a nominee who dies after being approved to be awarded the Alberta Centennial Medal pursuant to

section 4(2). 4(1) The individuals and organizations designated in the regulations may nominate individuals to be awarded the Alberta Centennial Medal in accordance with the regulations.

(2) The Minister shall approve the individuals nominated under subsection (1) to be awarded the Alberta Centennial Medal.

2 Animal Health Act Amends SA 2007 cA-40.2 2(1) The Animal Health Act is amended by this section.

(2) The heading preceding

section 43 is repealed and the following is substituted:

Part 9 Licences

(3) Section 43(

g) is repealed.

2 Explanatory Notes

(3) The individuals and organizations designated in the regulations shall present the Alberta Centennial Medal and the certificate referred to in

section 5 on behalf of the Government of Alberta to the individuals approved by the Minister. 4.1(1) Notwithstanding sections 3(1) and 4(1) and (2), the Minister may nominate other individuals the Minister considers deserving to be awarded the Alberta Centennial Medal.

(2) On the approval of the nominations in accordance with the regulations, the Minister shall award the individuals the Alberta Centennial Medal and shall present the Alberta Centennial Medal and the certificate referred to in

section 5 on behalf of the Government of Alberta to the individuals. 5 Recipients of the Alberta Centennial Medal shall receive a certificate issued in accordance with the regulations. 7 The Minister may make regulations (

a) designating individuals and or ganizations for the purposes of

section 4; (

b) respecting the nomination of individuals; (

c) respecting certificates for the purposes of

section 5. Animal Healt h Act 2(1) Amends

chapter A-40.2 of the Statutes of Alberta, 2007.

(2) The heading preceding s e ction 43 presently reads:

Part 9 Licences and Qualification Certificates

(3) Section 43 presently reads in part:

(4) Section 43.2 is repealed.

(5) Section 43.5 is repealed.

3 Explanatory Notes 43 In this Part, (g) “qualification certificate” me ans a certificate authorizing an individual to provide advice on the use of an authorized medicine in accordance with labelled instructions;

(4) Section 43.2 presently reads: 43.2 No holder of an outlet licence shall sell authorized medicine unless the holder has on duty or has available for consultation throughout regular business hours at least one person who holds a qualification certificate.

(5) Section 43.5 presently reads: 43.5(1) On application for a qualification certificate by a person in accordance with this Part and the regulations, the Minister may issue or refuse to issue a qualification certificate.

(2) Notwithstanding the Pharmacy and Drug Act and

Schedule 7.1 to the Government Organization Act, a qualification certificate may be issued to a person other than (

a) a pharmacist, (

b) a regulated member or other person authorized to sell medicine pursuant to regulations under the Health Professions Act, or (

c) a registered veterinarian or permit holder under the Veterinary Profession Act.

(3) An application for a qualifica tion certificate must be made to the Minister in a form prescribed in the regulations and must be accompanied with a qualification certificate fee in the amount prescribed in the regulations.

(4) The Minister may issue a qualification certificate under this

section subject to any terms and conditions the Minister considers appropriate.

(5) A qualification cert ificate issued under this

section is not transferable.

4 (6)

Section 44(2) is repealed.

(7) Section 50(1)(

a) is amended by striking out “or 43.5”.

(8) Section 64 is amended by striking out “and qualification certificates”.

(9) Section 67(1) is amended by striking out “section 43.2”.

4 Explanatory Notes

(6) The Minister may, in the Minister’s discretion, (

a) refuse to issue or to renew a qualification certificate, or (

b) cancel or suspend a qualificatio n certificate or vary the terms and conditions of a qualification certificate if the Minister is satisfied that the qualification certificate holder has contravened this Act or the regulations or the terms and conditions of the qualification certificate, and must provide a copy of the decision to the applicant or qualification certificate holder, as the case may be.

(6) Section 44(2) presently reads:

(2) If a qualification certificate has been suspended or cancelled under

section 43.5 and no other individual with a qualification certificate is able to carry out the day-to-day activities for which the suspended or cancelled qualification certificate was issued, the area of the premises where authorized medicine is sold must be closed.

(7) Section 50(1) presently reads in part: 50(1) A person (

a) whose licence or qualification certificate has been cancelled or suspended under

section 43.4 or 43.5, and may apply to the Court of Queen’s Bench for reinstatement of the licence or qualification certificate or removal of the suspension pending the determination of the appeal within 30 days after the person is notified of the cancellation or suspension.

(8) Section 64 presently reads: 64 The Minister may charge the fees provided for in the regulations for the issuing of licences and qualification certificates and for any other program or service provided for in the regulations.

(9) Section 67(1) presently reads in part:

5 (10)

Section 69(1) is amended (

a) by repealing clause (i); (

b) in clause (

k) by striking out “licences, qualification certificates” and substituting “licences”; (

c) in clause (

n) by striking out “licence applications, q ualification certificate applications and appeals” and substituting “licence applications and appeals”; (

d) in clauses (r), (

s) and (

t) by striking out “authorized persons, licence holders and qualification certificate hol ders” and substituting “authorized persons and licence holders”.

(11) Section 73 is repealed.

(12) The following provisions are amended by striking out “or qualification certificate” wherever it occurs:

5 Explanatory Notes 67(1) A person who contravenes or fails to comply with any of the following provisions is guilty of an offence:

section 43.2;

(10) Section 6 9(1) presently reads in part: 69(1) The Lieutenant Governor in Council may make regulations (

i) respecting applications fo r qualification certificates, the issuing of qualification certificates, the term of qualification certificates and the terms and conditions of qualification certificates; (

k) prescribing fees that may be charged for licences, qualification certificates and other services or programs provided under this Act; (

n) prescribing forms, includi ng forms for licence applications, qualification certificate applications and appeals; (

r) respecting the types of records to be kept, maintained and submitted under this Act by owners, authorized persons, licence holders and qualification certificate holders; (

s) respecting how records are to be kept, maintained and submitted by owners, authorized persons, licence holders and qualification certificate holders; (

t) respecting the period of time re cords must be kept by owners, authorized persons, licence holders and qualification certificate holders;

(11) Section 7 3 presently reads: 73 A qualification certificate issued under the Livestock Diseases Act continues as a qualification certificate under this Act until it would have expired under the Livestock Diseases Act or is suspended or cancelled.

(12) Update ter minology.

section 46(1)(c), (d), (e), (6)(a), (b), (c), (

d) and (d.1);

section 50(1) and (4);

section 52(2)(o);

section 69(1)(j). Child, Youth and Family Enhancement Act Amends RSA 2000 cC-12 3(1) The Child, Youth and Family Enhancement Act is amended by this section.

(2) Section 1 is amended by adding the following after subsection (5): (6 ) For t he purposes of this Act, subject to the regulations, an adult maintains or maintained their usual residence in Alberta if th e adult has continuously resided in Alberta for at least 6 m onths or continuously resided in Alberta for at least 6 months immediately preceding the time the adult applied for an adoption order or placement, as the case may be.

(3) Section 58(1)(

b) is amended by adding “, or a guardian of a ch ild or grandchild of the adopted person” after “the adopted person”.

(4) Section 58.1 is repealed and the following is substituted: Matters to be considered 58.1 A court and all persons who must exercise any authority or make any decision under this Act relating to the adoption of a child, including relating to the placement of a child, must do so in the best interests of the child, and must consider the following as well as any other relevant matter:

6 Explanatory Notes Child, Youth and Family Enhancement Act 3(1) Amends

chapter C-12 of the Revised Statutes of Alberta 2000.

(2) Section 1 presently reads in part:

(5) For the purposes of this Act, a child is in the custody of a director if (

a) the child has been apprehended under

section 19 and has not been returned to the custody of the child’s guardian, (

b) the child is the subject of a custody order under

section 21.1(2)(

a) or an interim order for custody under

section 21.1 or 26, or (

c) the child is the subject of a custody agreement.

(3) Section 58(1)(

b) presently reads: 58(1) In this Part, (b) “descendant”, in respect of a deceased adopted person, means an adult child or adult grandchild of the adopted person;

(4) Section 58.1 presently reads: 58.1 A Court and all persons who exercise any authority or make any decision under this Act relating to the adoption of a child must do so in the best interests of the child, and must consider the following as well as any other relevant matter:

7 (

a) there should be no unreasonable delay in making or im plementing a decision respecting the child; (

b) the importance of a positive relationship with a parent, and a sec ure place as a member of a family, in the child’s development; (

c) the importance of stability, permanence and continuity of care and relationships to the child’s long-term safety and well-being; (

d) in the case of an Indigenous child, the benefits to the child of a place where the child’s Indigenous identity, cu lture, heritage, spirituality, language and traditions will be respected, supported and preserved; (

e) the mental, emotional, spiritual and physical needs of the child and the child’s mental, emotional and physical stage of development; (

f) if the child is capable of forming an opinion, the child’s opinion should be taken into account; (

g) the benefits to the child of lasting relationships with the peo ple with whom the child is connected, including family, friends, caregivers and other significant i ndividuals, including (

i) the benefits to the child of a placement within the child’s extended family, or with persons who have a si gnificant relationship with the child, and (ii) the benefits to the child of a placement within or as close as possible to the ch ild’s home community; (

h) the benefits to the child of a place where the child’s familial, cultural, social, linguistic and spiritual heritage are valued as central to the child’s safety, security and devel opment; (

i) the benefits to the child of connections with the child’s cu lture and cultural communities and opportunities to fo rm those connections;

7 Explanatory Notes (

a) the importance of a positive relationship with a parent, and a secure place as a member of a family, in the child’s development; (

b) the benefits to the child of stability, permanence and continuity of care and relationships; (

c) the mental, emotional, spir itual and physical needs of the child and the child’s mental, emotional and physical stage of development; (

d) the benefits to the child of maintaining, wherever possible, the child’s familial, cultural, social, linguistic and spiritual heritage; (

e) the child’s views and wishes, if they can be reasonably ascertained; (

f) the effects on the child of a delay in decision-making; (

g) in the case of an Indigenous child, the importance of respecting, supporting and preserving the child’s Indigenous identity, culture, heritage, spirituality, language and traditions.

8 (

j) the child’s race, spiritual beliefs, colour, gender, gende r identity, ge nder expression, age, ancestry, place of o rigin, family status, sexual orientation and any d isability the child may have.

(5) Section 63(3) is amended by striking out “by a parent” and substituting “by a guardian”.

(6) Section 66(2) is amended by striking out “serve on” and substituting “provide to”.

(7) Section 74.1 is amended by adding the following after subsection (2): (3 ) For the purposes of this section, a person may apply for an o rder of the Court by filing an originating application in the appropriate judicial centre.

(8) Sections 74.2 and 74.3 are repealed and the following is substituted: Right to disclosure 74.2(1) In this section, “parent” means a biological parent and an adoptive parent under a previous adoption order.

8 Explanatory Notes (5)

Section 63(3) presently reads in part:

(3) An application for an adoption or der in respect of a child whose step-parent is the applicant or a child who is placed by a parent directly in the custody of an applicant shall be filed with the Court and must be accompanied with the following documentation:

(6) Section 66(2) presently reads:

(2) The Minister shall serve on th e applicant forthwith a copy of any report filed by the Minister under subsection (1).

(7) Section 74.1 presently reads: 74.1(1) The clerk of the Court must seal all documents possessed by the Court that relate to an adoption, and those documents are not available for inspection by any person except on order of the Court or with the consent in writing of the Minister.

(2) Despite the Freedom of Info rmation and Protection of Privacy Act, the Minister must seal adoption orders, all documents required by

section 63 of this Act to be filed in support of adoption applications, adopted children’s original registrations of birth and other documents required to be sealed by the regulations that are in the possession of the Minister, and they are not available for inspection by any person except on order of the Court or pursuant to this Division.

(8) Sections 7 4.2 and 74.3 presently read: 74.2(1) In this section, (a) “adopted person” means a person who is adopted under an adoption order made prior to January 1, 2005; (b) “parent” means a biologi cal parent and an adoptive parent under a previous adoption order.

(2) Subj ect to subsectio n (4), on receiving a written request from an adopted person who is 18 years of age or older, a desce ndant of a deceased adopted person, a parent of an adopted person or a sibling who is 18 years of age or older of an ado pted person, the Minister may release to the person making th e request the information, including personal information, in the orders, registrations and documents sealed under

section 74 .1(2).

(3) Subj ect to subsection (4), if a biological parent of an adopted pe rson is deceased, on receiving a written request from a biological grandparent, aunt or uncle who is related to the deceased biological parent, the Minister may release to the person making the request the information, including personal i nformation, in the orders, registrations and documents sealed under

section 74.1(2).

(4) The Minister shall not accept a request under subsection (2) or (3) from a parent of an adopted person, a sibling of an ado pted person or a biological grandparent, aunt or uncle of an adopted person unless the adopted person is 18 years and 6 m onths of age or older.

(5) Despite subsections (2) and (3) and subject to subsection ( 11), if an adopted person who is 18 years of age or older or a parent of the adopted person has, before the coming into force of this

section and prior to the request under subsection (2) or (3), reg istered with the Minister a veto in a form satisfactory to t he Minister prohibiting the release of personal information in the orders, registrations and documents sealed under

section 7 4.1(2), the Minister shall not release the personal information unl ess the veto is revoked.

(6) Despite subsections (2) and (3) and subject to subsection (1 1), if a person adopted prior to January 1, 2005 who is 18 years of age or older or a parent of that adopted person has, within 6 months of the coming into force of this

section and pri or to the request under subsection (2) or (3), registered with the Minister a veto in a form satisfactory to the Minister p rohibiting the release of personal information in the orders, regi strations and documents sealed under

section 74.1(2), the Minister shall not release t he personal information unless the vet o is revoked.

9 Explanatory Notes

(2) Subject to subsection (3), on receiving a written request from an adopted person who is 18 years of age or older, a descendant of a deceased adopted person or a parent of an adopted person, the Minister may release to the person making the request the information in the orders, registrations and documents sealed under

section 74.1(2) other than personal information about an individual who is neither the adopted person nor a parent of the adopted person.

(3) The Minister shall not accept a request under subsection (2) from a parent of an adopted person unless the adopted person is 18 years and 6 months of age or older.

(4) Despite subsection (2), if an adopted person who is 18 years of age or older or a parent of the adopted person has, prior to the date of the request under subsection (2), registered with the Minister a veto in a form satisfactory to the Minister prohibiting the release of personal information in the orders, registrations and documents sealed under

section 74.1(2), the Minister shall not release the personal information unless the veto is revoked.

(5) A person who registers a veto under subsection (4) may revoke the veto by providing written notice of the revocation to the Minister.

(6) A veto registered under subs ection (4) is revoked when the person who registered the veto is deceased.

(8) Despite subsection (2), if the Minister receives proof, satisfactory to the Minister, that all the parents of an adopted person are deceased, the Minister may release to the adopted person or a descendant of the adopted person all the personal information in the orders, registrations and documents sealed under

section 74.1(2), including personal information about individuals who are neither the adopted person nor a parent.

(9) Despite subsection (2), if the Minister is satisfied, based on information provided to the Minister by the adoptive parents, that (

a) the adopted person who is 18 years of age or older is not aware of the adoption, and (

b) the release of the personal information would be extremely detrimental to the adopted person,

(7) Despite subsections (2) and (3) and subject to subsection ( 11), a person adopted prior to January 1, 2005 who is not 18 y ears of age or older on the coming into force of this

section may, prior to the person becoming 18 years and 6 months of ag e or older and prior to the request under subsection (2) or (3), reg ister with the Minister a veto in a form satisfactory to the Minister prohibiting the release of personal information in the orders, registrations and documents sealed under

section 74.1( 2) and, if the adopted person has done so, the Minister shall not release the personal information unless the veto is r evoked. (8 ) For greate r certainty, (

a) no adopted person or parent of an adopted person may register a veto under subsection (6) after 6 months have elapsed since t he coming into force of this section, and (

b) no adopted person may register a veto under subsection (7) a fter the person is 18 years and 6 months of age or ol der.

(9) A person who has registered a veto referred to in subsection (5), (6 ) or (7) may revoke the veto by providing written notice of the revocation to the Minister. (1 0) A veto referred to in subsection (5), (6) or (7) is revoked when the person who registered the veto is deceased. (1 1) Desp ite the registration of a veto referred to in subsection (5 ), (6) or (7), the Minister may release the information, i ncluding personal information, in the orders, registrations and doc uments sealed under

section 74.1(2) to a person who has m ade a request under subsection (2) or (3) if the Minister is sat isfied, based on the information that the person has supplied and ot her information available to the Minister, that the release of the information is appropriate. (1 2) An adopted person, a parent or any person whose personal information may be in orders, registrations or documents sealed under

section 74.1(2) may register a contact preference with the M inister that indicates the person’s preferences concerning cont act with a person who makes a request under subsection (2) or (3).

10 Explanatory Notes the Minister may deem that a veto has been registered under subsection (4) by that adopted person, in which case the Minister shall not release the personal information in the orders, registrations and documents sealed under

section 74.1(2).

(10) A deemed veto under subsec tion (9) is revoked on the request of an adopted person who is 18 years of age or older. 74.3(1) In this section, (a) “adopted person” means a person who is adopted under an adoption order made on or after January 1, 2005; (b) “parent” means a biologi cal parent and an adoptive parent under a previous adoption order.

(2) Subject to subsection (3), on receiving a written request from an adopted person who is 18 years of age or older, a descendant of a deceased adopted person or a parent of an adopted person, the Minister may release to the person making the request personal information in the orders, registrations and documents sealed under

section 74.1(2).

(3) The Minister shall not accept a request under subsection (2) from a parent unless the adopted person is 18 years and 6 months of age or older.

(4) An adopted person, a paren t or any person whose personal information may be in orders, registrations or documents sealed under

section 74.1(2) may register a contact preference with the Minister that indicates the person’s preferences concerning contact with a person who makes a request under subsection (2).

(5) The Minister shall advise a person making a request under subsection (2) of any contact preference registered with respect to the requested information.

(13) T he Minister shall advise a person making a request unde r su bsection (2) or (3) of any contact preference registered with respect to the requested information.

(9) Section 74.4 is amended (

a) by repealing subsection (1) and substituting the follo wing: General disclosure 74.4(1) If a child who is Indigenous is adopted under this Act or any predecessor to this Act, the Minister, on the request of the child, whether a minor or an adult, the child’s guardian or a descendant of a deceased adoptee, at any time, may provide a copy of the original registration of birth of the child, identifying information about the child’s biological parents and any other information sealed under

section 74.1 that the Minister considers relevant to the Registrar under the Indian Act (Canada), a settlement council of a Metis settlement, a federal or provincial official responsible for providing benefits to persons of Inuit ancestry, or an organization for purposes relating to a First Nation Individual’s, a Metis person’s or an Inuit person’s status, registration or rights. (

b) in subsection (2)(

a) by adding “or is 16 years of age or o lder and, in the opinion of the Minister, is living independently from the child’s guardian” after “older”; (

c) in subsection (4) by striking out “and” at the end of clause (

a) and by adding the following after clause (b): (

c) to a Public Guardian or Trustee, a personal represen tative as defined by the Estate Administration Act or a lawyer who is representing an estate, for the p urpose of confirming an adoption in order to settle an estate clai m, and (

d) to any person who applies to the Minister in writing for th e information for the purpose of distributing money to the adoptee that is held in trust. (

d) in subsection (5)(

c) by adding “adult” before “sibling”; (

e) by repealing subsection (6);

11 Explanatory Notes

(9) Section 74.4 pres ently reads in part: 74.4(1) If a child who is Indigenous is adopted under this Act or any predecessor to this Act, the Minister, on the request of the child, whether a minor or an adult, or the child’s guardian, at any time, may provide a copy of the original registration of birth of the child, identifying information about the child’s biological parents and any other information sealed under

section 74.1 that the Minister considers relevant to the Registrar under the Indian Act (Canada), a settlement council of a Metis settlement or a federal or provincial official responsible for providing benefits to persons of Inuit ancestry, for the purpose of facilitating an application for the child’s Indigenous status and for execution of the child’s rights as a person with Indigenous status.

(2) Despite

section 74.1, on request the Minister may provide a copy, and the clerk of the Court may provide a certified copy, of an adoption order to (

a) the adopted person, if that pe rson is 18 years of age or older,

(4) The Minister may disclose personal information sealed under

section 74.1 (

a) to the Director of Mainte nance Enforcement for the purposes of administering the Maintenance Enforcement Act, and (

b) for use in a proceeding before a Court to which the Government of Alberta is a party.

(5) The Minister, on request, may release to an adopted person or the adopted person’s (

c) sibling, any information about one or more of those persons if the information does not disclose the identity of any of those persons.

(6) Only an adult sibling may make a request under subsection (5)(c).

12 (

f) in subsection (7) (

i) by striking out “a sibling of an adopted child” and substituting “a sibling, child, grandchild, great -grandchild, aunt, uncle or cousin of an adopted child”; (ii) by striking out “adopted child or sibling” and substituting “person”; (

g) by adding the following after subsection (7):

(8) If an adoptee or a birth relative of an adoptee has p rovided the Minister with written confirmation from a me mber of the College of Physicians and Surgeons of Alberta or an equivalent college, or any other category of person approved by the Minister, that the adoptee or birth relative has b een diagnosed with a serious or life-threatening condition that is genetic or hereditary in nature, and that contact with or information from the biological family of the adoptee or, in the case of a bi rth relative, from the adoptee or adoptive pare nts is warranted and would be beneficial to the adoptee or birth relative of the adoptee, the Minister may access personal information held by the Minister’s department and may p rovide that information to the adoptee or birth relative. (10 )

Section 75 is amended (

a) in subsection (1) (

i) in clause (

b) by striking out “and” at the end of subclause (iii) and by adding the following after subclause (iv): (

v) a parent, by adoption, of a deceased adopted person, and (vi) an adult sibling, by adoption, of a deceased adopted person; (ii) in clause (c) (

A) by repealing subclause (i.1);

12 Explanatory Notes

(7) If an adopted child or a sibling of an adopted child is in need of intervention, the Minister may release personal information in orders, registrations and documents sealed under

section 74.1(1) to a director for the purposes of providing intervention services to that adopted child or sibling.

(10) Section 7 5 presently reads in part: 75(1) In this section, (b) “adoptive applicant” means (

i) an adopted person who is 18 years of age or older, (ii) an adopted child who is 16 years of age or older who is, in the opinion of the Minister, living independently from the child’s guardian, (iii) an adopted child, where the application is made on the child’s behalf by the child’s guardian, and (iv) a descendant of a deceased adopted person; (c) “family applicant”, in resp ect of an adopted person, means any one or more of the following:

13 (

B) by repealing subclause (iii) and substituting the following: (iii) an adult related by blood to the adopted person; (

C) by repealing subclause (iv) and substituting the follo wing: (iv) an adult member of any b and or Metis settlement of which the adopted person is a member or could become entitled to be a member; (

b) in subsection (2) by striking out “and shall specify in the appl ication the name of the adopted person to whom the ap plication relates”; (

c) in subsection (3) (

i) in clause (

b) by striking out “it contains another application concerning the same adopted person” and substituting “it contains another application from an asso ciated adoptive applicant or family applicant”; (ii) in clause (d)(ii) by adding “or an adoptive applicant or fam ily applicant in respect of an adopted person” after “ad opted person”; (

d) in subsection (4) by striking out “or (ii)” and substituting “, (ii) or (iii)”; (

e) in subsection (5) (

i) by striking out “(iii) to (v)” and substituting “(iv) or (v)”; (ii) in clause (

c) by striking out “the applicant’s” and substituting “their”; (

f) by repealing subsection (7 )(

b) and substituting the following: (

b) the registry indicates that th e adopted person or an adoptive applicant or family applicant of the adopted person is deceased, or

13 Explanatory Notes (i.1) a parent, by adoption, of a n adopted person, if the adopted person is deceased; (iii) an adult related by blood to the adopted person if the biological parents of the adopted person consent in writing to the application or if the Minister is satisfied that the biological parents of the adopted person (

A) are deceased, (

B) cannot be located, or (

C) are unable by reason of mental incapacity to consent to the application; (iv) an adult member of any band or Metis settlement of which the adopted person is a member, if the biological parents of the adopted person consent in writing to the application or if the Minister is satisfied that the biological parents of the adopted person (

A) are deceased, (

B) cannot be located, or (

C) are unable by reason of mental incapacity to consent to the application;

(2) An adoptive applicant or a fam ily applicant who wishes to learn the other’s identity may apply to the Minister in the form set by the Minister and shall specify in the application the name of the adopted person to whom the application relates.

(3) The Minister (

b) shall, on receiving an applic ation made under subsection (2), examine the registry to determine if it contains another application concerning the same adopted person, (

d) shall include in the registry (ii) the name of an adopted person who has died, if the Minister has been advised of the death.

(11) Section 84(

a) is amended by striking out “parent” and substituting “guardian”.

(12) Section 85(2)(

c) is amended by striking out “application” and substituting “adoption”. (13 ) The following is added after

section 88: Licence required 88.1 No person shall operate an adoption agency unless that person holds a subsisting licence issued by a director under this Act.

(14) Section 92(1)(

b) is amended by striking out “recognized as a desi gnated State under

section 105” and substituting “that is a cont racting party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption”.

14 Explanatory Notes

(4) Where the Minister determines from examining the registry that applications from an adoptive applicant and from a family applicant within the meaning of subsection (1)(c)(

i) or (ii) concern the same adopted person, the Minister shall make reasonable efforts to locate the applicants and,

(5) Where the Minister determines from examining the registry that applications from an adoptive applicant and from a family applicant within the meaning of subsection (1)(c)(iii) to (

v) concern the same adopted person, the Minister (

c) shall inquire whether the adoptive applicant wishes to disclose the applicant’s identity to the family applicant, and

(7) The Minister shall advise an applicant if (

b) the registry indicates that the adopted person is dead, or

(11) Section 8 4(

a) presently reads: 84 No person other than the following shall place or facilitate the placement of a child for the purpose of an adoption: (

a) a parent of the child;

(12) Section 8 5(2)(

c) presently reads: (2) Subsection (1) does not apply to (

c) the publication of an announcement by an applicant in respect of the application, or

(13) Licence required.

(14) Section 9 2(1)(

b) presently reads:

(15) Section 93 is amended (

a) by adding the following after subsection (2):

(2.1) For greater certainty, this Division does not apply to a guardianship order obtained in another State and the Central Authority for Alberta has no role with respect to an international guardianship order. (

b) by adding the following after subsection (3):

(4) For greate r certainty, if a child is habitually resident in (

a) a State that is not a designated State, or (

b) Alberta, and the child has been, is being or is to be m oved to a State that is not a designated State, this Di vision does not apply and an application for adoption relating to the child shall be dealt with in accordance wi th the regulations.

(16) Section 105 is repealed. (17 )

Section 131(2) is amended by adding the following after clause (z): (z.1) specifying other circumstances in which an adult maintains or maintained their usual residence in Alberta for the purposes of this Act;

(18) This

section has effect on January 1, 2021.

15 Explanatory Notes 92(1) In this Division, (b) “designated State” means a State recognized as a designated State under

section 105;

(15) Section 9 3(3) presently reads:

(3) This Division ceases to apply to a child if the agreements described in

section 100(1)(

c) and (2)(

c) have not been made before the child attains the age of 18 years.

(16) Section 1 05 presently reads: 105 The Minister may, by order, recognize States as designated States for the purposes of this Division.

(17) Section 1 31(2) presently reads in part:

(2) The Minister may make regulations (

z) respecting the contents of advertisements and other promotional material that may be used by licensed adoption agencies;

(18) C oming into force.

16 Fatality Inquiries Act Amends RSA 2000 cF-9 4(1) The Fatality Inquiries Act is amended by this section.

(2) Section 15(1)(

c) is amended by striking out “under

section 37 of the Post-secondary Learning Act”.

(3) Section 18(2) is repealed and the following is substituted:

(2) If on the expiry of the 7-day period referred to in subsection (1) th e body remains unidentified, the Chief Medical Examiner shall arrange for the burial of the body. Histori cal Resources Act Amends RSA 2000 cH-9 5(1) The Historical Resources Act is amended by this section.

(2) Section 1(

j) is repealed.

16 Explanatory Notes Fatality Inquiries Act 4(1) Amends

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

(2) Section 15(1) presently reads: 15(1) No person shall (

a) cremate a body, (

b) ship or take a body from a place in Alberta to a place outside Alberta, or (

c) dissect a body or otherwis e subject a body to study or research under

section 37 of the Post-secondary Learning Act, until a medical examiner or an investigator authorized by a medical examiner issues a certificate stating that the medical examiner or investigator has examined the medical certificate of death.

(3) Section 18(2) presently reads:

(2) If on the expiry of the 7-day period referred to in subsection (1) the body remains unidentified, the Chief Medical Examiner shall notify the nearest comprehensive academic and research university and, if a demand is made under the Post-secondary Learning Act, deliver the body to a comprehensive academic and research university, or, if no demand is made, arrange for the burial of the body. Historical Re sources Act 5(1) Amends

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

(2) Section 1 presently reads in part:

(3) Section 16(

b) is amended by striking out “Registered Historic Resources and”.

(4) Section 19 is repealed.

17 Explanatory Notes 1 In this Act, (j) “Registered Historic Resour ce” means an historic resource that is designated under

section 19(1) as a Registered Historic Resource.

(3) Section 16 presently reads in part: 16 The Minister may (

b) undertake programs of research into and documentation of matters relating to the heritage of Alberta and maintain records of Registered Historic Resources and Provincial Historic Resources;

(4) Section 19 presently reads: 19(1) The Minister, after giving the owner 60 days’ notice of the Minister’s intention to do so, may by order designate any historic resource the preservation of which the Minister considers to be in the public interest, together with any land in or on which it is located and adjacent land that may be specified in the order, as a Registered Historic Resource.

(2) The Minister shall (

a) serve a copy of the order on the owner of the historic resource and the owner of any land that will be subject to the order, (

b) publish a notice of the designation, including a description of the historic resource, in The Alberta Gazette, and (

c) if the order relates to or in cludes any land, cause a certified copy of the order to be registered in the appropriate land titles office.

(3) On the registration of a cer tified copy of the order in the appropriate land titles office, the Registrar of Land Titles shall endorse a memorandum of the registration on the certificate of title to any land affected by the order.

18 Explanatory Notes

(4) An order under subs ection (1) is effective (

a) as against the owner of the historic resource and the owner of any land that is subject to the order, when the owner is served with a copy of the order or when the notice under subsection (2)(

b) is published in The Alberta Gazette, whichever occurs first, and (

b) as against all other pe rsons, when the notice under subsection (2)(

b) is published in The Alberta Gazette.

(5) Notwithstanding any other Act, no person shall (

a) destroy, disturb, alter, rest ore or repair any historic resource or land that has been designated under this section, or (

b) remove an historic object fr om an historic resource that has been designated under this

section until the expiration of 90 days from the date that notice of the person’s proposed action is served on the Minister, unless the Minister sooner consents to the proposed action.

(6) On the service of a notice of intention under subsection (1), subsection (5) applies to the historic resource and land as if an order under subsection (1) had been made and was effective under subsection (4), until the time the Minister makes the order or revokes the notice of intention or until the expiry of 120 days from the receipt of the notice.

(7) Notwithstanding subsection (6), a person who has been served with a notice of intention under subsection (1) may apply to the Court of Queen’s Bench for an order shortening the period of 120 days mentioned in subsection (6).

(8) If the Minister rescinds an order made under subsection (1), the Minister shall (

a) serve a copy of the rescinding order on the owner of the historic resource and the owner of any land that is subject to the order, (

b) publish a notice of the rescinding order in The Alberta Gazette, and

(5) Sections 21 and 33(1)(

c) are amended by striking out “19 or” .

(6) Section 37(1)(

a) is amended by striking out “a Registered Historic Resource or”.

(7) Section 49(1) is amended by striking out “as a Registered Historic Res ource or”.

19 Explanatory Notes (

c) if the order under subsection ( 1) was registered against the certificate of title to any land, cause a certified copy of the rescinding order to be registered in the appropriate land titles office.

(9) On the registration of a certified copy of a rescinding order in the appropriate land titles office, the Registrar of Land Titles shall endorse a memorandum on the certificate of title to any land concerned cancelling the registration of the order under subsection (1).

(5) Sections 2 1 and 33(1)(

c) presently read: 21 A notice, order or other document under

section 19 or 20 may be served by personal service or registered mail or in any other manner as the Court of Queen’s Bench may direct. 33(1) Subject to subsection (2), no person shall transport any of the following out of Alberta without the written permission of the Minister: (

c) historic resources that are the subject of an order under

section 19 or 20. (6)

Section 37(1) presently reads in part: 37(1) The Minister may authorize any person to enter at any reasonable hour and after notice to the owner or occupant (

a) any land for the purpose of (

i) making surveys for, or (ii) inspecting historic resources that the Minister has reason to believe may qualify as a Registered Historic Resource or a Provincial Historic Resource, or

(7) Section 49(1) presently reads:

20 (8)

Section 51(1) is amended (

a) by striking out “Registered Historic Sites or”; (

b) by striking out “Provincial Historic Sites” and substituting “Provincial Historic Resources”.

(9) The following is added after

section 53: Registered Historic Resources — transitional 54(1) In this section, “Registered Historic Resource order” means an order made under (a)

section 19(1) of this Act before the coming into force of this section, (b)

section 15(1) of the Historical Resources Act, RSA 1980 cH-8, (c)

section 17(1) of The Alberta Historical Resources Act, SA 1973 c5, or (d)

section 17(1) of The Alberta Heritage Act, 1973, SA 1973 c5.

(2) Ev ery Registered Historic Resource order in effect i mmediately before the coming into force of this

section is rescin ded.

20 Explanatory Notes 49(1) When the Minister is of the opinion that a person is engaged in an activity that the Minister considers likely to result in damage to or destruction of an historic resource that could be designated as a Registered Historic Resource or as a Provincial Historic Resource, the Minister may issue an order called a “Temporary Stop Order” requiring that person to cease the activity or the portion of it that the Minister specifies in the Temporary Stop Order for a period not exceeding 15 days.

(8) Section 51(1) presently reads: 51(1) The Minister may make regulations exempting Registered Historic Sites or Provincial Historic Sites from the application of any provision contained in any building code that would otherwise be applicable pursuant to any Act, regulation or municipal bylaw when the enforcement of that provision would prevent or seriously hinder the preservation, restoration or use of all or any portion of the site or monument.

(9) Registered historic resources — transitional.

(3) Where, on the coming into force of this section, a certified copy of a Re gistered Historic Resource order is registered on the certificate of title to any land, the Registrar of Land Titles shall, as soon a s practicable after the coming into force of this sectio n, endorse a memorandum on the certificate of title can celling the registration of that order. (4 ) The Minister may maintain records of any historic resources that were the subject of a Registered Historic R esource order before the coming into force of this section. Land and Property Rights Tribunal Act Amends SA 2020 cL-2.3 6 The Land and Property Rights Tribunal Act as set out in the

Schedule is enacted and may be cited as

chapter L-2.3 of the Statutes of Alberta, 2020. Land Titles Act Amends RSA 2000 cL-4 7(1) The Land Titles Act is amended by this section.

(2) Section 1 is amended by adding the following after clause (r): (r.1) “pending registration queue” means the queue of instruments and caveats to which

section 14.1 applies that are awaiting the examination required under

section 14(2);

(3) Section 8 is amended by striking out “shall” and substituting “may”.

(4) The following is added after

section 14: Pending registration queue 14.1(1) Subject to the regulations, this

section applies to instruments and caveats affecting a parcel of land to which a land identification number has been assigned under

section 51.

21 Explanatory Notes Land and Property Rights Tribunal Act 6 Enacts

chapter L-2.3 of the Statutes of Alberta, 2020. Land Titles Act 7(1) Amends

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

(2) Section 1 presently reads in part: 1 In this Act, (r) “owner” means a person ent itled to any freehold or other estate or interest in land, at law or in equity, in possession, in futurity or expectancy;

(3) Section 8 presently reads: 8 The Registrar shall have a seal of office.

(4) Pending registration queu e.

(2) The Registrar shall establish and maintain a pending registration queue.

(3) The Registrar shall ensure that instruments and caveats are entere d in the pending registration queue in an order acceptable to the Registrar. (4 ) Instruments and caveats in the pending registration queue m ust be examined and registered in accordance with

section 14 (2) in the order in which they are entered in the pending regi stration queue.

(5) Notwithstanding subsection (4), the regulations may provide that instruments and caveats in the pending registration que ue may be examined and registered in an order other than the order in which they are entered in the pending registration queue.

(6) If an instrument or caveat in the pending registration queue is foun d to be incomplete, not in the proper form or not fit for registration, the Registrar may (

a) return the instrument or caveat for correction, in whic h case the i nstrument or caveat shall, (

i) if it is returned to the Registrar within the time p rescribed by the regulations, retain its place in the pen ding registration queue, or (ii) if it is not returned to the Registrar within the time presc ribed by the regulations, be removed from the pen ding registration queue, o r (

b) reject the instrument or caveat if, in the Registrar’s opi nion, it was submitted in bad faith or its defects are such that they cannot reasonably be corrected, in which case the instrument or caveat shall be removed from the pen ding registration queue.

22 Explanatory Notes

(7) Where, under a court order or enactment, an instrument or caveat must be registered within a specific period of time, the requirements of the court order or enactment with respect to the t iming of registration are deemed to have been satisfied when the instrum ent or caveat is entered in the pending registration queue, unless the instrument or caveat is later removed from the pen ding registration queue under subsection (6)(a)(ii) or (b).

(5) Section 17 is repealed and the following is substituted: Search 17 When the Registrar receives a request for a search and the payment of the prescribed fee, and when the person requesting the search has fulfilled any conditions, criteria or qualifications prescribed by the regulations, the Registrar shall (

a) provide the person with a search of the informati on cont ained in the register, (

b) advise the person whethe r any instrument or caveat related to the s earch has been entered in the pending registration queue, and (

c) if an instrument or caveat has been entered in the pen ding registration queue, advise the person of the date on which the instrument or caveat was entered.

(6) Sections 18 and 19 are repealed.

23 Explanatory Notes

(5) Section 17 presently reads: 17 On receiving a request for a search and the payment of the prescribed fee and on the fulfilment of any conditions, criteria or qualifications prescribed by regulation, the Registrar shall furnish a search of the information contained in the register.

(6) Sections 1 8 and 19 presently read: 18(1) When a certificate of title in the register is torn, damaged, frayed, mutilated or is otherwise rendered unfit, in the opinion of the Registrar, for continued use, the Registrar may cause a photostatic negative to be made of the face of the certificate of title and a photostatic negative to be made of the reverse side of the certificate of title.

(2) The Registrar shall endorse and sign a memorandum on the reverse side of each photostatic negative stating the date on which the negative was made.

(3) The Registrar may remove the certificate of title from the register and shall replace it with the 2 photostatic negatives.

(4) The 2 negatives are deemed for all purposes of this Act to be the certificate of title and after the date on which they were made the Registrar shall record on them the particulars of each instrument,

24 (7)

Section 20(1) is repealed and the following is substituted: Substitute instru ment or caveat 20(1) Where the Registrar is satisfied that an instrument or caveat has been destroyed, is lost or cannot be found, the Registrar may refer to the records kept in the Land Titles Office and create a substitute for or a copy of the instrument or caveat based on the information contained in those records.

(8) Section 37 is amended by striking out “as provided in this Act” and substituting “in accordance with the Alberta Rules of Court”.

24 Explanatory Notes dealing or other matter required to be registered or entered in the register by this Act and affecting the land included in the certificate of title.

(5) The 2 negatives are admissible in evidence in all cases and for all purposes for which the certificate of title would have been admissible, notwithstanding that the certificate of title has not been destroyed. 19(1) The Registrar shall, by any method the Registrar considers appropriate, keep a duplicate record of the following: (

a) a certificate of title when it is removed from the register; (

b) a new certificate of title when it is issued; (

c) a certificate of title after a memorandum is endorsed on it; (

d) an instrument or caveat accepted for filing or registration, after the memorandum of the filing or registration has been entered on the certificate of title.

(2) Where a duplicate record has b een made of an instrument or caveat, the original instrument or caveat may be destroyed after any period of time that may be prescribed by regulation.

(7) Section 20(1) presently reads: 20(1) Where the Registrar is satisfied that an instrument or caveat has been destroyed, is lost or cannot be found, the Registrar may refer to (

a) the records kept under

section 19, and (

b) the other records kept in the Land Titles Office, and create a substitute for or a copy of the instrument or caveat based on the information contained in those records.

(8) Section 37 presently reads: 37 In all cases other than those provided for in

section 36, the Registrar shall forthwith, having given the applicant a certificate of the filing of the applicant’s application, transmit the application,

(9) Section 38 is repealed.

(10) Section 50 is amended (

a) in subsection (1) by striking out “shall” and substituting “ may”; (

b) by repealing subsection (3).

(11) Section 113(3)(

b) is amended by striking out “shall” and substituting “may”. (12 )

Section 114(1)(a)(

v) and (vi) and (

d) are repealed.

25 Explanatory Notes with all evidence supplied, to a judge to be dealt with as provided in this Act.

(9) Section 38 presently reads: 38 The judge shall examine without delay all titles submitted to the judge, and for that purpose shall when necessary hear all persons interested and shall hear and consider the claims as against the applicant of any person who is in possession of the land, and the judge has all the powers for compelling the attendance of persons and the production of documents that usually appertain to courts of civil justice in civil actions brought in those courts.

(10) Section 5 0 presently reads in part: 50(1) The Registrar shall decide whether any instrument or caveat presented to the Registrar for registration is substantially in conformity with the proper prescribed form or not and may reject any instrument or caveat that the Registrar decides for any reason to be unfit for registration.

(3) The Registrar may reject any document submitted for filing or registration which is in the Registrar’s opinion for any reason unsuitable to be duplicated pursuant to

section 19.

(11) Section 1 13(3) presently reads in part:

(3) Once the Registrar considers that the form and terms of the standard form mortgage are acceptable, the Registrar (

b) on filing the standard form mortgage, shall advise the applicant of the filing.

(12) Section 1 14(1) presently reads in part: 114(1) For the purpose of using a standard form mortgage, the following applies: (

a) the mortgage must set out (

v) the amount of the instalment s, if any, to be made under the mortgage;

(13) Section 151 is amended (

a) by renumbering it as

section 151(1); (

b) in subsection (1) by adding “at any time” after “may file a caveat”; (

c) by adding the following after subsection (1):

(2) Notwithstanding

section 14.1, a caveat filed by the Registrar under subsection (1) must be registered as soon as it is filed.

(14) Section 162 is repealed and the following is substituted: Execution or proof of execution 162(1) Subject to subsection (2), on being satisfied of the due execution of an instrument, the Registrar may authorize its registration notwithstanding that (

a) the execution is defective, or (

b) the proof of the execution is absent or defective.

26 Explanatory Notes (vi) the rate of interest on the mortgage; (

d) the mortgagor must acknowledge on the mortgage (

i) that the mortgagor understands the nature of the statement referred to in clause (b), (ii) that the mortgagor has been given a copy of those terms referred to in clause (b), (iii) that the mortgagor is the registered owner of the land being mortgaged, and (iv) that the mortgagor mortgages all of the mortgagor’s estate and interest in the land for the purpose of securing the payment of the principal amount, interest and all other amounts secured by the mortgage;

(13) Section 1 51 presently reads: 151 The Registrar may file a caveat on behalf of the Crown, or on behalf of any person who may be under any disability, to prohibit the transfer or dealing with any land belonging or supposed to belong to the Crown or to that person, and also to prohibit the dealing with any land in any case in which it appears to the Registrar that an error has been made in any certificate of title or other instrument, or for the prevention of any fraud or improper dealing.

(14) Section 1 62 presently reads: 162 On being satisfied of the due execution of an instrument, the court may authorize its registration, notwithstanding that the proof of the execution may be absent or defective.

(2) The Registrar may refer a matter arising under subsection (1) in res pect of an instrument to the court and the court may aut horize the registration of the instrument notwithstanding that (

a) the execution is defective, or (

b) the proof of the execution is absent or defective. (15 )

Section 168 is amended by renumbering it as

section 168(1) and adding the following after subsection (1): (2 ) Subj ect to subsections (3) and (4), a person who has sust ained loss or damage through the registration of an instrument or caveat in contravention of

section 14.1(4) may bring an action against the Registrar for recovery of damages, unless the registration is made in accordance with the reg ulations referred to in

section 14.1(5). (3) Subsection (2) does not apply in respect of a caveat registere d in accordance with

section 151(2). (4 ) No action lies against the Registrar in respect of any loss or dam age sustained through a person’s reliance on a description of an instrument or caveat entered in the pending registration que ue unless the loss or damage was caused by

an act or om ission of the Registrar or an employee of the Registrar. (16 )

Section 181 is amended by striking out “or” at the end of clause (h), adding “or” at the end of clause (

i) and adding the following after clause (i): (

j) for any other reason or in any other circums tances p rescribed by the regulations.

27 Explanatory Notes

(15) Section 1 68 presently reads: 168 Any person (

a) who sustains loss or damage through an omission, mistake or misfeasance of the Registrar or an official in the Registrar’s office in the execution of the Registrar’s or official’s duties, or (

b) who is deprived of any land or encumbrance or of an estate or interest in any land or encumbrance (

i) through the bringing of it under this Act, (ii) by the registration of another person as owner of the land or encumbrance, or (iii) by an error, omission or misdescription in a certificate of title, and who by this Act is barred from bringing an action for the recovery of the land or encumbrance or interest in the land or encumbrance, may bring an action against the Registrar for the recovery of damages.

(16) Section 1 81 presently reads in part: 181 The General Revenue Fund is not under any circumstances liable for compensation for loss, damage or deprivation (

h) if the interest or right on which the claim is founded is derived from a subrogated claim, or (

i) if the person makes the claim on behalf of an insurer of the person.

(17) Section 206 is amended by striking out “the court shall” and substituting “the court may”.

(18) Section 213 is amended (

a) by adding the followi ng after clause (a): (a.1) excluding instruments or caveats affecting a parcel of l and to which a land identification number has been assigned from the application of

section 14.1; (a.2) respecting the circumstances in which instruments and caveats may be examined and registered in an order other than the order in which they are entered in the pending registration queue; (a.3) prescribing the time within which an instrument or a caveat that has been returned for correction under

section 14.1(6)(

a) must be returned to the Registrar in order to retain its place in the pending registration queue; (a.4) respecting extensions of the time referred to in clause (a.3) and requests by applicants for such extensions; (

b) by repealing clause (b); (

c) by adding the followi ng after clause (d.4):

28 Explanatory Notes

(17) Section 2 06 presently reads: 206 Before making any order as aforesaid the court shall, if it seems requisite, cause notice of intention to do so to be properly advertised, and appoint a period of time within which any person interested may show cause why the order should not be made and, on so doing, the court may order the transfer of the land to any new owner or owners, solely or jointly with or in the place of any existing owner or owners, or may make any order in the premises that the court thinks just for the protection of the persons beneficially interested in the land or in the proceeds of it, and on the order being deposited with the Registrar, the Registrar shall make a memorandum of the order on the certificate of title, and on the memorandum being made the person or persons named in the order is the owner or are the owners of the land.

(18) Section 2 13 presently reads in part: 213 The Lieutenant Governor in Council may make regulations (

a) prescribing forms to be used under this Act; (

b) prescribing for the purposes of

section 19(2) the period of time that must pass before the original of an instrument or caveat may be destroyed; (d.4) respecting powers, duties and functions of a certification authority;

29 (d.41) prescribing reasons for which or circumstances in which th e General Revenue Fund is not liable for compensation for loss, damage or deprivation for the purposes of

section 181; (19)

Section 214(1) is amended by striking out “shall” wherever it occurs and substituting “may”. (20 ) This

section comes into force on Proclamation. Maintenance Enforcement Act Amends RSA 2000 cM-1 8(1) The Maintenance Enforcement Act is amended by this section.

(2) Section 7 is amended (

a) in subsection (1) (

i) by striking out “Unless the creditor files with the court an d the Director a notice in writing stating that the creditor does not wish to have the maintenance order enforce d by the Director, every” and substituting “Every”; (ii) in clause (

a) by adding “, if the order is filed with the Director by the creditor or the debtor,” after “through the Director”; (

b) in subsection (2) by striking out “Unless the creditor files wi th the Court of Queen’s Bench and the Director a notice in writing stating that the creditor does not wish to have the m aintenance order enforced by the Director, every” and substituting “Every”.

29 Explanatory Notes

(19) Section 2 14(1) presently reads: 214(1) The Lieutenant Governor in Council shall provide the necessary books, forms and other office requisites and shall make any regulations as are necessary to carry out this Act, and in cases unprovided for shall also make any regulations that to the Lieutenant Governor in Council appear necessary for giving effect to this Act, according to its true intent and purpose.

(20) C oming into force. Maintenance Enforcement Act 8(1) Amends

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

(2) Section 7 presently reads in part: 7(1) Unless the creditor files with the court and the Director a notice in writing stating that the creditor does not wish to have the maintenance order enforced by the Director, every maintenance order made by a court in Alberta after December 31, 1986 shall (

a) state in the order that the amounts owing under the order shall be paid to the creditor through the Director unless the order is withdrawn from the office of the Director, and (

b) be filed with the Director by the clerk of the court that made the order, forthwith after it is filed with the clerk.

(2) Unless the creditor files with the Court of Queen’s Bench and the Director a notice in writing stating that the creditor does not wish to have the maintenance order enforced by the Director, every maintenance order made by a court outside Alberta that is registered with the Court of Queen’s Bench under the Reciprocal Enforcement of Maintenance Orders Act after December 31, 1986 or under the Interjurisdictional Support Orders Act shall be filed by

30 Modernized Municipal Government Act Amends SA 2016 c24 9(1) The Modernized Municipal Government Act is amended by this section.

(2) Section 100(

b) is repealed.

(3) Section 129 is amended by striking out “after clause (a)” and substituting “before clause (a.1)”. Municipal G overnment Act Amends RSA 2000 cM-26 10(1) The Municipal Government Act is amended by this section.

(2) Section 488(1) is amended by adding the following after clause (i): (i.1) to hear appeals from development permit decisions pursuant to

section 685(2.1)(a),

(3) Section 616 is amended

30 Explanatory Notes the clerk of the Court of Queen’s Bench with the Director forthwith after it is registered. Modernized Municipal Gov ernment Act 9(1) Amends

chapter 24 of the Statutes of Alberta, 2016.

(2) Section 100 presently reads: 100

Section 640(4) is amended (

b) by adding the following after clause (r): (

s) standards and requirements for inclusionary housing in accordance with an inclusionary housing regulation.

(3) Section 129 presently reads: 129

Section 687(3) is amended by adding the following after clause (a): (a.01) must comply with the in clusionary housing provisions of the land use bylaw and the inclusionary housing regulation; Municipal Go vernment Act 10(1) Amends

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

(2) Section 488(1) presently reads in part: 488(1) The Board has jurisdiction (

i) to hear appeals from subdivision decisions pursuant to

section 678(2)(a),

(3) Section 616 presently reads in part:

31 (

a) by renumbering clause (

a) as clause (a.01) and adding the following before clause (a.01): (a) “adjacent land” means land that is contiguous to a parcel of land that is being subdivided or redesignated and i ncludes (

i) land that would be contiguous if not for a highway , roa d, river or stream, and (ii) any other land identified in a land use bylaw as adjace nt land for the purpose of notification under sectio ns 653, 679, 680 and 692; (

b) in clause (

l) by striking out “section 622” and substituting “section 618.4”; (

c) by adding the followi ng after clause (r.1): (r.2) “off-site levy” means a le vy referred to in subsection 648(1.1)(a); (

d) in clause (hh) by striking out “by the Lieutenant Governor in Council”.

(4) Section 618 is amended by adding the following after subsection (2): (2 .1) This Part and the regulations and bylaws under this Part respecting development permits do not apply to a confined feeding operation or manure storage facility within the meaning of the Agricultural Operation Practices Act if the confined feeding operation or manure storage facility is the subject of an approval, registration or authorization under

Part 2 of the Agricultural Operation Practices Act.

(5) Section 618.1 is repealed.

31 Explanatory Notes 616 In this Part, (a) “agricultural operation” means an agricultural operation as defined in the Agricultural Operation Practices Act; (l) “land use policies” means the policies referred to in

section 622; (r.1) “non-profit”, in respect of a day care, senior citizens or special needs facility, means that the facility is owned or operated by a corporation or other entity established under a law of Canada or Alberta for a purpose other than to make a profit; (hh) “subdivision and developmen t regulations” mean regulations made by the Lieutenant Governor in Council under

section 694(1).

(4) Section 618 presently reads in part:

(2) This Part and the regulations and bylaws under this Part do not apply to (

a) the geographic area of a Metis settlement, or (

b) a designated area of Crown land in a municipal district or specialized municipality.

(5) Section 618.1 presently reads: 618.1 This Part and the regulations and bylaws under this Part respecting development permits do not apply to a confined feeding operation or manure storage facility within the meaning of the Agricultural Operation Practices Act if the confined feeding operation or manure storage facility is the subject of an approval, registration or authorization under

Part 2 of the Agricultural Operation Practices Act.

(6) The following is added after

section 618.2: ALSA regional plans 618.3(1) Anything done by any of the following under a provision in this Part or a regulation under this Part must be done in accordance with any applicable ALSA regional plan: (

a) a municipality; (

b) a council; (

c) a municipal planning commission; (

d) a subdivision authority; (

e) a development authority; (

f) a subdivision and development appeal board; (

g) the Municipal Government Board; (

h) an entity to which authority is delegated under

section 625(4). (2 ) If there is a conflict or an inconsistency between anything that is done under a provision of this Part or a regulation under th is Part and an applicable ALSA regional plan, the ALSA regi onal plan prevails to the extent of the conflict or the in consistency. Land use policies 618.4(1) Every statutory plan, land use bylaw and action undertaken pursuant to this Part by a municipality, municipal planning commission, subdivision authority, development authority or subdivision and development appeal board or the Municipal Government Board must be consistent with the land use policies established under subsection (2).

(2) The Lieutenant Governor in Council, on th e reco mmendation of the Minister, may by regulation establish land use policies.

(7) Section 619(12) is repealed.

32 Explanatory Notes

(6) ALSA regional plans; lan d use policies.

(7) Section 619(12) presently reads:

(8) Section 622 is repealed.

(9) Section 623 is repealed and the following is substituted: Subdivision authority and development authority 623 A council must, by bylaw, provide for (

a) a subdivision authority to exercise subdivision powers and duties on behalf of the municipality, and (

b) subject to

section 641, a development authority to exercise de velopment powers and perform duties on behalf of the municipality.

33 Explanatory Notes

(12) Despite any other provision of this section, every decision referred to or made and every instrument issued under this

section must comply with any applicable ALSA regional plan.

(8) Section 622 presently reads: 622(1) Every statutory plan, land use bylaw and action undertaken pursuant to this Part by a municipality, municipal planning commission, subdivision authority, development authority or subdivision and development appeal board or the Municipal Government Board must be consistent with the land use policies established under subsection (2) and any former land use policy.

(2) The Lieutenant Governor in Council, on the recommendation of the Minister, may by regulation establish land use policies and rescind former land use policies.

(3) If there is a con flict between a land use policy established under subsection (2) and an ALSA regional plan, the ALSA regional plan prevails.

(4) Former land use policies do not apply in any planning region within the meaning of the Alberta Land Stewardship Act in respect of which there is an ALSA regional plan.

(5) In this section, “former land use policy” means a land use policy that was established under

section 622 as it read before the coming into force of this subsection and that has not been rescinded under subsection (2).

(9) Section 623 presently reads: 623(1) A council must by bylaw provide for a subdivision authority to exercise subdivision powers and duties on behalf of the municipality.

(2) A subdivision authority may include one or more of the following: (

a) any or all members of council; (

b) a designated officer; (

c) a municipal planning commission;

(10) Section 624 is repealed.

(11) Section 625 is repealed and the following is substituted: Planning authorities 625(1) The council of a municipality may, by bylaw, (

a) establish a municipal planning commission, or (

b) authorize the municipality to enter into an agreement with one or more municipalities to establish (

i) an intermunicipal planning commission, or (ii) an intermunicipal service agency. (2 ) An intermunicipal planning commission is deemed to be a m unicipal planning commission for the purposes of this Part. (3 ) The bylaw establishing a municipal planning commission and the agreement establishing an intermunicipal planning commission must (

a) provide for the applicable matters described in

section 145(b), (

b) prescribe the functions and duties of the commissi on, i ncluding but not limited to subdivision and development powers and duties, and

34 Explanatory Notes (

d) any other person or organization.

(10) Section 6 24 presently reads: 624(1) Subject to

section 641, a council must by bylaw provide for a development authority to exercise development powers and perform duties on behalf of the municipality.

(2) A development authority may include one or more of the following: (

a) a designated officer; (

b) a municipal planning commission; (

c) any other person or organization.

(11) Section 6 25 presently reads: 625 A council may by bylaw authorize the municipality to enter into an agreement (

a) with a regional services commission, or (

b) with one or more muni cipalities to establish an intermunicipal service agency to which the municipality may delegate any of its subdivision authority or development authority powers, duties or functions.

35 (

c) in the case of an intermunicipal planning commissi on, p rovide for its dissolution. (4 ) Th e council of a municipality may make a bylaw au thorizing a municipality to delegate, by agreement, any of its su bdivision authority or development authority powers, duties or functions to (

a) a municipal planning commission, (

b) a regional services commission, or (

c) an intermunicipal service agency. (12 )

Section 626 is repealed.

(13) Section 627 is amended by adding the following after subsection (4): (5 ) A member of a subdivision and development appeal board m ay not participate in a hearing of the subdivision and devel opment appeal board unless the member is qualified to do

35 Explanatory Notes

(12) Section 6 26 presently reads: 626(1) A council may by bylaw establish a municipal planning commission and may by bylaw authorize the municipality to enter into an agreement with one or more municipalities to establish an intermunicipal planning commission.

(2) An intermunicipal planning commission is deemed to be a municipal planning commission for the purposes of this Part.

(3) If an intermunicipal planning commission or a municipal planning commission is established, the bylaw or agreement establishing it must (

a) provide for the applicable matters described in

section 145(b), (

b) prescribe the functions and duties of the commission, including but not limited to subdivision and development powers and duties, and (

c) in the case of an intermunicipal planning commission, provide for its dissolution.

(13) Section 6 27 presently reads in part:

(4) The following persons may not be appointed as members of a subdivision and development appeal board: (

a) an employee of the municipality;

36 so in accordance with the regulations made under

section 627.3(b).

(14) Section 627.1 is repealed and the following is substituted: Clerks 627.1(1) A council that establishes or authorizes the establishment of a subdivision and development appeal board, including an intermunicipal subdivision and development appeal board, must appoint or authorize the appointment of one or more clerks of the subdivision and development appeal board.

(2) A person appointed as a clerk of a subdivision and development appeal board may also hold an appointment unde r sectio n 456 as a clerk of an assessment review board. (3 ) No person is eligible for appointment as a clerk of a sub division and development appeal board unless that person has successfully completed a training program in accordance with the regulations made under

section 627.3(a). (4 ) No subdivision authority or development authority is elig ible for appointment under this section.

(15) Section 627.2 is repealed.

(16) Section 627.3 is amended (

a) in clause (

a) by striking out “section 627.1(4)” and substituting “section 627.1(3)”;

36 Explanatory Notes (

b) a person who carries out subdivision or development powers, duties and functions on behalf of the municipality; (

c) a member of a municipal planning commission.

(14) Section 6 27.1 presently reads: 627.1(1) A council that establishes a subdivision and development appeal board must appoint, and a council that authorizes the establishment of a subdivision and development appeal board must authorize the appointment of, one or more clerks of the subdivision and development appeal board.

(2) If the subdivision and development appeal board is an intermunicipal subdivision and development appeal board, the councils that authorize its establishment must appoint one or more clerks.

(3) A person appointed as a cler k of a subdivision and development appeal board may also hold an appointment under

section 456 as a clerk of an assessment review board.

(4) No person is eligible for appoi ntment as a clerk of a subdivision and development appeal board unless that person has successfully completed a training program in accordance with the regulations made under

section 627.3(a).

(5) No subdivision authority or deve lopment authority is eligible for appointment under this section.

(15) Section 6 27.2 presently reads: 627.2 A member of a subdivision and development appeal board may not participate in a hearing of the subdivision and development appeal board unless the member is qualified to do so in accordance with the regulations made under

section 627.3(b).

(16) Section 6 27.3 presently reads: 627.3 The Minister may make regulations (

a) respecting training programs for the purposes of

section 627.1(4);

37 (

b) in clause (

b) by striking out “section 627.2” and substituting “section 627(5)”. (17 )

Section 628 is repealed.

(18) Section 630.2 is repealed.

(19) Section 632(4) is repealed.

(20) Section 633(3) is repealed.

37 Explanatory Notes (

b) respecting qualifications for the purposes of

section 627.2.

(17) Section 6 28 presently reads: 628(1) A bylaw or agreement under

section 627 must (

a) provide for the applicable matters described in

section 145(b), and (

b) prescribe the functions and duties of the subdivision and development appeal board.

(2) A bylaw or agreement under

section 627 may provide (

a) for the members of the subdivision and development appeal board to meet in panels, (

b) for 2 or more panels to meet simultaneously, (

c) that the panels have any or all the powers, duties and responsibilities of the subdivision and development appeal board, and (

d) that a decision of a panel is a decision of the subdivision and development appeal board.

(18) Section 6 30.2 presently reads: 630.2 A subdivision authority, a development authority, an entity to which authority is delegated under

section 625, a municipal planning commission and a subdivision and development appeal board must each carry out its functions and exercise its jurisdiction in accordance with any applicable ALSA regional plan.

(19) Section 6 32(4) presently reads:

(4) A municipal development plan must be consistent with any intermunicipal development plan in respect of land that is identified in both the municipal development plan and the intermunicipal development plan.

(20) Section 6 33(3) presently reads:

38 (21)

Section 634(2) is repealed.

(22) Section 636(1) is repealed and the following is substituted: Statutory plan preparation 636(1) While preparing a statutory plan, a municipality must notify the following and provide a means for suggestions and representations to be made: (

a) any members of the public who may be affected by th e pl an; (

b) the school boards with jurisdiction in the area to which the plan preparation applies; (

c) in the case of a municipal development plan, (

i) any adjacent municipalities, (ii) the Indian band of any adjacent Indian reserv e, and (iii) any adjacent Metis settlement; (

d) in the case of an area structure plan, (

i) where the land that is the subject of the plan is ad jacent to another municipality, that municipality,

38 Explanatory Notes

(3) An area structure plan must be consistent with (

a) any intermunicipal development plan in respect of land that is identified in both the area structure plan and the intermunicipal development plan, and (

b) any municipal development plan.

(21) Section 6 34(2) presently reads:

(2) An area redevelopment pl an must be consistent with (

a) any intermunicipal development plan in respect of land that is identified in both the area redevelopment plan and the intermunicipal development plan, and (

b) any municipal development plan.

(22) Section 6 36(1) presently reads: 636(1) While preparing a statutory plan a municipality must (

a) provide a means for any person who may be affected by it to make suggestions and representations, (

b) notify the public of the plan preparation process and of the means to make suggestions and representations referred to in clause (a), (

c) notify the school boards with jurisdiction in the area to which the plan preparation applies and provide opportunities to those authorities to make suggestions and representations, (

d) in the case of a municipal development plan, notify adjacent municipalities of the plan preparation and provide opportunities to those municipalities to make suggestions and representations, (

e) in the case of an area structure plan, where the land that is the subject of the plan is adjacent to another municipality, notify that municipality of the plan preparation and provide opportunities to that municipality to make suggestions and representations,

39 (ii) where the land that is the s ubject of the plan is within 1. 6 kilometres of a provincial highway, the Minister resp onsible for the Highways Development and Protection Act, and (iii) where the land that is the subject of the plan is ad jacent to an Indian reserve or Metis settlement, the Indian band or Metis settlement. (23 )

Section 638 is repealed and the following is substituted: Consistency of plans 638(1) A municipal development plan must be consistent with any intermunicipal development plan in respect of land that is identified in both the municipal development plan and the intermunicipal development plan.

(2) An a rea structure plan and an area redevelopment plan must be consistent with (

a) any intermunicipal development plan in respect of lan d th at is identified in both the area structure plan or area rede velopment plan, as applicable, and the intermunicipal development plan, and (

b) any municipal development plan.

(3) An intermunicipal development plan prevails to the extent of any conflict or inconsistency between

39 Explanatory Notes (

f) in the case of an area structure p lan, where the land that is the subject of the plan is within 1.6 kilometres of a provincial highway, notify the Minister responsible for the Highways Development and Protection Act of the plan preparation and provide opportunities for the Minister to make suggestions and representations, (

g) in the case of a munici pal development plan, notify (

i) the Indian band of any adjacent Indian reserve, or (ii) any adjacent Metis settlement of the plan preparation and provide opportunities to that Indian band or Metis settlement to make suggestions and representations, and (

h) in the case of an area structure plan, where the land that is the subject of the plan is adjacent to an Indian reserve or Metis settlement, notify the Indian band or Metis settlement of the plan preparation and provide opportunities for that Indian band or Metis settlement to make suggestions and representations.

(23) Section 6 38 presently reads: 638(1) In the event of a conflict or inconsistency between (

a) an intermunicipal development plan, and (

b) a municipal development plan, an area structure plan or an area redevelopment plan in respect of the development of the land to which the intermunicipal development plan and the municipal development plan, the area structure plan or the area redevelopment plan, as the case may be, apply, the intermunicipal development plan prevails to the extent of the conflict or inconsistency.

(2) In the event of a confli ct or inconsistency between (

a) a municipal development plan, and (

b) an area structure plan or an area redevelopment plan,

40 (

a) a municipal development plan, an area structure plan o r an a rea redevelopment plan, and (

b) the intermunicipal development plan in respect of the development of the land to which the conflicting or inconsistent plans apply.

(4) A municipal development plan prevails to the extent of any conflict or inconsistency between (

a) an area structure plan or an area redevelopment plan, and (

b) the municipal development plan.

(24) Section 638.1 is repealed.

(25) Section 638.2(4) is repealed.

(26) Section 639 is repealed.

(27) Section 639.1 is repealed.

40 Explanatory Notes the municipal development plan prevails to the extent of the conflict or inconsistency.

(24) Section 6 38.1 presently reads: 638.1 In the event of a conflict or inconsistency between (

a) a statutory plan or a land use bylaw, and (

b) an ALSA regional plan, the ALSA regional plan prevails to the extent of the conflict or inconsistency.

(25) Section 6 38.2(4) presently reads:

(4) This

section applies on and after January 1, 2019.

(26) Section 6 39 presently reads: 639 Every municipality must pass a land use bylaw.

(27) Section 6 39.1 presently reads: 639.1 In preparing a land use bylaw, a municipality must consider the protection of agricultural operations unless an ALSA regional plan requires agricultural operations to be protected or requires agricultural land or land for agricultural purposes to be protected, conserved or enhanced, in which case the municipality must comply with the ALSA regional plan.

(28) Section 640 is amended (

a) by repealing subsection (1) and substituting the follo wing: Land use bylaw 640(1) Every municipality must pass a land use bylaw.

(1.1) A land use bylaw may prohibit or regulate and control the use and development of land and buildings in a municipality, including, without limitation, by (

a) imposing design standards, (

b) determining population density , (

c) regulating the development of buildings , (

d) providing for the protection of agricultural land, and (

e) providing for any oth er matter council considers n ecessary to regulate land use within the municipality. (

b) in subsection (3) by striking out “for the purposes of sect ion 692” and substituting “for the purpose of notification under sections 653, 679, 680 and 692”; (

c) by repealing subsection (4); (

d) by adding the following after subsection (7):

(8) Despite this

section or any other provision of this Act, the au thority to pass a land use bylaw does not include the au thority to pass a bylaw in respect of the use of a building or part of a building for residential purposes that has the effect of di stinguishing between any individuals on the basis of whether they are related or unrelated to each other. (9 ) Th e Minister may by order direct a municipality to amend i ts land use bylaw in respect of the use of a building or part of a building for residential purposes if the land use bylaw has the effect of distinguishing between senior citizens on the basis of whether they a re related or unrelated to each other.

41 Explanatory Notes

(28) Section 6 40 presently reads in part: 640(1) A land use bylaw may prohibit or regulate and control the use and development of land and buildings in a municipality.

(3) A l(4) Without restricting the generality of subsection (1), a land use bylaw may provide for one or more of the following matters, either generally or with respect to any district or part of a district established pursuant to subsection (2)(a): (

a) subdivision design standards; (

b) the ground area, floor area , height, size and location of buildings; (

c) the amount of land to be provided around or between buildings; (

d) the landscaping of land or buildings; (

e) the location, height and ma intenance of fences and walls; (

f) the establishment and maintenance of (

i) off-street or othe r parking facilities, and (ii) loading and unloading facilities, and any other similar matters; (

g) the design, character and appearance of buildings; (

h) the location and amount of access to lots from roads and ensuring that there is at least one means of access from each lot to a road; (

i) the lighting of land, buildings or other things; (

j) the enlargement, alteration, repair, removal or relocation of buildings; (

k) the excavation or filling in of land; (

l) the development of buildings (

i) on land subject to flooding or subsidence or that is low lying, marshy or unstable,

(29) Section 640.1 is repealed.

42 Explanatory Notes (ii) on land adjacent to or w ithin a specified distance of the bed and shore of any body of water, or (iii) subject to regulations made under

section 693 or 694, within a specified area around an airport; (

m) the construction, placemen t or use of billboards, signboards or other advertising devices of any kind, and if they are permitted at all, governing their height, size and character; (

n) the removal, repair or renovation of billboards, signboards or other advertising devices of any kind; (

o) the density of population in any district or part of it; (

p) the designation of a district as a direct control district in accordance with

section 641; (

q) the establishment of any re lated agreements, forms, fees or procedural matters; (

r) issuing orders under

section 645.

(7) A land use bylaw must be consistent with the applicable requirements of the regulations under the Gaming, Liquor and Cannabis Act respecting the location of premises described in a cannabis licence and distances between those premises and other premises.

(29) Section 640.1 presently reads: 640.1 The council of a city or of a municipality with a population of 15 000 or more may, in a land use bylaw, (

a) provide for an alternative period of time for the development authority to review the completeness of a development permit application under

section 683.1(1), (

b) provide for an alternative period of time for a development authority to make a decision on a development permit application under

section 684, (

c) provide for an alternative period of time for the subdivision authority to review the completeness of an application for subdivision approval under

section 653.1, and

(30) The following is added before

section 641: Transitional — alternative time period i n land use bylaw 640.2(1) In this section, “alternative time period” means an alternative time period authorized by

section 640.1 of this Act as it read immediately before the coming into force of this section.

(2) Where , on the coming into force of this section, a land use b ylaw providing for an alternative time period is in force, the provisions of the bylaw providing for the alternative time period continue to have effect for a period of 6 months beginning on the day this

section comes into force.

(31) Section 642(4) is repealed and the following is substituted: (4 ) If a development authority refuses an application for a development permit, the development authority must issue to the applicant a notice, in the form and manner provided for in the land use bylaw, that the application has been refused a nd provide t he reasons for the refusal.

(32) Section 648(1) and (1.1) are repealed and the following is substituted: Off-site levy 648(1) In this

section and sections 648.01 to 648.4, (a) “facility” includes the facility, the associated infra structure, the land necessary for the facility and related appurtenances referred to in subsection (2.1); (b) “infrastructure” means the infrastructure, facilities and l and required for the purposes referred to in subsection (2)(

a) to (c.1);

43 Explanatory Notes (

d) provide for an alternative period of time for the subdivision authority to make a d ecision on an application for subdivision under the subdivision and development regulations.

(30) Transitional — alternati ve time period in land use bylaw.

(31) Section 6 42(4) presently reads:

(4) If a development authority refuses an application for a development permit, the decision must include the reasons for the refusal.

(32) Section 6 48 presently reads in part: 648(1) For the purposes referred to in subsections (2) and (2.1), a council may by bylaw (

a) provide for the imposition and pa yment of a levy, to be known as an “off-site levy”, in respect of land that is to be developed or subdivided, and (

b) authorize an agreement to be en tered into in respect of the payment of the levy.

(1.1) A bylaw may not impose an off-site levy on land owned by a school board that is to be developed for a school building project within the meaning of the Education Act.

44 (c) “stakeholder” means any perso n that will be required to pay an off-site levy when the bylaw is passed, or any other person the municipality considers is affected. (1 .1) For the purposes referred to in subsections (2) and (2.1), a council may by bylaw (

a) provide for the imposition and payment of a levy in respect of land that is to be developed or subdivided, and (

b) authorize an agreement to be entered into in respect of t he payment of the levy.

(1.2) A bylaw may not impose an off-site levy on land owned by a school board that is to be developed for a school building project within the meaning of the Education Act.

(33) Section 648.01(3) is repealed. (34 )

Section 648.1(1) is amended (

a) by striking out “referred to in

section 648(2.1)” and substituting “referred to in

section 648(2) or (2.1)”; (

b) in clause (

d) by striking out “set out in

section 648(2.1)” and substituting “set out in

section 648(2) or (2.1), as applicable” .

(35) The following is added after

section 648.1:

44 Explanatory Notes

(33) Section 6 48.01(3) presently reads:

(3) For greater clarity, where 2 or more municipalities provide for an off-site levy to be imposed on an intermunicipal basis under subsection (1) for the purposes described in

section 648(2.1), the benefitting area determined in accordance with the regulations may comprise any combination of land in the participating municipalities.

(34) Section 6 48.1 presently reads in part: 648.1(1) Any person may, subject to and in accordance with the regulations, appeal any of the provisions of an off-site levy bylaw relating to an off-site levy for a purpose referred to in

section 648(2.1) to the Municipal Government Board on any of the following grounds: (

d) that the off-site levy or any portion of it is not for the payment of the capital costs of the purposes set out in

section 648(2.1);

(35) C alculation of off-site levy; consultation with stakeholders; annual report.

45 Calculation of off-site levy 648.2(1) Subject to subsection (2), a municipality may determine the methodology on which to base the calculation of an off-site levy.

(2) Subj ect to subsection (7), the methodology on which a m unicipality bases its calculation of an off-site levy must (

a) take into account criteria such as area, density or in tensity of use, (

b) recognize variation among infrastructure, facility and transportation infrastructure types, (

c) be consistent across the municipality for that type of in frastructure, facility or transportation infrastructure, and (

d) be clear and reasonable. (3 ) Notwithstanding subsection (2)(c), the methodology used in d etermining the calculation of an off-site levy may be different for each specific type of infrastructure, facility or transportation infra structure.

(4) Th e information that a municipality uses in the calculation of an off-site levy must be current. (5 ) A bylaw imposing an off-site levy must include a req uirement for a periodic review of the calculation of the off- site levy. (6 ) A m unicipality that imposes an off-site levy must make the fo llowing publicly available: (

a) any information or data the municipality relied upon and any assumptions the municipality made in calculating the levy, including, without limitation, any information, d ata or assumptions the municipality used in models to complete calculations; (

b) the calculations that were performed in order to determine the amount of the levy;

45 Explanatory Notes

46 (

c) anything else that would be required in order to replicate th e determination of the levy. (7 ) Subsection (2) does not apply to the City of Calgary or the C ity of Edmonton. Consultation with stakeholders 648.3(1) A municipality must consult, in good faith, with stakeholders (

a) before making a final determination on defining an d add ressing existing and future infrastructure, transportation infrastructure and facility requirements, and (

b) when determining the methodology on which to base a n of f-site levy.

(2) B efore passing or amending a bylaw imposing an off-site levy, a municipality must consult, in good faith, on the calcu lation of the levy with stakeholders in the benefitting area wh ere the off-site levy will apply. (3 ) A consultation referred to in this

section must begin at the earliest o pportunity and must provide stakeholders with the ability to provide input on an ongoing basis. (4 ) During a consultation referred to in this section, a m unicipality must make publicly available any calculations the municipality has made and any information the municipality h as relied upon including, without limitation, any assumptions and data the municipality has used in models to complete calculations. Annual report 648.4(1) A municipality must provide full and open disclosure of all off-site levy costs and payments.

(2) A m unicipality must, on an annual basis, make a report on an off-site levy publicly available and include in the report (

a) the details of all off-site levies received by each cont ributor for each type of facility and infrastructure with in each benefitting area,

46 Explanatory Notes

47 (

b) the uses for each type of facil ity and infrastructure within eac h benefitting area for each capital project, and (

c) the balances retained for each type of facility and infrastructure within each benefitting area. (36 )

Section 653 is amended (

a) by repealing subsections (1) an d (2) and substituting the following: Application for subdivision approval 653(1) An application to a subdivision authority for subdivision approval (

a) must be in accordance with the subdivision and development regulations, and (

b) must include a proposed plan of subdivision or oth er i nstrument that describes the subdivision.

(2) If a subdivision application includes the signed consent of the applicant to the municipality or its delegate carrying out an inspection, at a reasonable time, of the land that is the subject of the application, a notice of inspection is not required to be given under

section 542(1). (

b) in subsection (3)(

b) by striking out “the land that is ad jacent to the land that is the subject of the application” and substituting “adjacent land”; (

c) by repealing subsection (4.2) and substituting the follo wing:

(4.2) A notice under subsection (3)(

b) must be given by at least one of the following methods: (

a) mailing the notice to each owner of adjacent land; (

b) posting the notice on the land that is the subject of th e ap plication; (

c) publishing a notice in a newspaper that has general circulation in the municipality that contains the land that is th e subject of the application.

47 Explanatory Notes

(36) Section 6 53 presently reads in part: 653(1) A person may apply to a subdivision authority for subdivision approval in accordance with the subdivision and development regulations by submitting to the subdivision authority a proposed plan of subdivision or other instrument that describes the subdivision.

(2) If a subdivision application includes a form on which the applicant for subdivision approval may or may not consent to the municipality or its delegate carrying out an inspection, at a reasonable time, of the land that is the subject of the application and if the applicant signs a consent to the inspection, a notice of inspection is not required to be given under

section 542(1).

(3) On receipt of an acknowledgment under

section 653.1(5) or (7) that the application for subdivision approval is complete, or if the application is deemed to be complete under

section 653.1(4), the subdivision authority must (

b) give notice of the applicati on to owners of the land that is adjacent to the land that is the subject of the application.

(4.2) A notice under subsection (3)(

b) must be given by one of the following methods and may be given by more than one of the following methods: (

a) mailing the notice to each owner of land that is adjacent to the land that is the subject of the application; (

b) posting the notice on the land that is the subject of the application; (

c) publishing a notice in a newspaper that has general circulation in the municipality that contains the land that is the subject of the application.

(4.4) For the purposes of this section, (a) “adjacent land” means land that is contiguous to the parcel of land that is being subdivided and includes

48 (

d) by repealing subsections (4.4), (5) and (6) and substituting the following:

(5) A notice under subsection (3)(

b) must describe the nature of the application, the method of obtaining further information about the application and the manner in which and time within which written submissions may be made for the consideration of the subdivision authority. (6 ) When considering an application under this section, a subdivision authority is not required to hold a hearing.

(6.1) For the purposes of this section, (a) “conceptual scheme” means a conceptual scheme ad opted by the municipality that (

i) relates a subdivision application to the future subdivision and development of adjacent areas, and (ii) has been referred to the persons to whom t he su bdivision authority must send a copy of the co mplete application for subdivision pursuant to the sub division and development regulations; (b) “owner” means the person shown as the owner of land on the assessment roll prepared under

Part 9. (37 )

Section 653.1 is amended (

a) in subsection (3) by striking out “or, if applicable, in accorda nce with the land use bylaw made pursuant to sectio n 640.1(c)”; (

b) by repealing subsection (11).

48 Explanatory Notes (

i) land that would be contiguous if not for a highway, road, river or stream, and (ii) any other land identified in the land use bylaw as adjacent land for the purpose of notification under this section; (b) “conceptual scheme” means a conceptual scheme adopted by the municipality that (

i) relates a subdivision application to the future subdivision and development of adjacent areas, and (ii) has been referred to the persons to whom the subdivision authority must send a copy of the complete application for subdivision pursuant to the subdivision and development regulations; (c) “owner” means the person shown as the owner of land on the assessment roll prepared under

Part 9.

(5) A notice under subsection (3)(

b) must describe the nature of the application, the method of obtaining further information about the application and the manner in which and time within which written submissions may be made to the subdivision authority.

(6) A subdivision authority, when considering an application under this section, (

a) must consider the written submissions of those persons and local authorities to whom an application for subdivision approval or notice of application was given in accordance with this

section but is not bound by the submissions unless required by the subdivision and development regulations, and (

b) is not required to hold a hearing.

(37) Section 6 53.1 presently reads in part:

(3) The time period referred to in subsection (1) may be extended by an agreement in writing between the applicant and the subdivision authority or, if applicable, in accordance with the land use bylaw made pursuant to

section 640.1(c).

49 (38)

Section 655(1)(

a) is repealed and the following is substituted: (

a) any conditions to ensure that this Part, including

section 618.3(1), and the statutory plans and land use bylaws and the regulations under this Part affecting the land proposed to be subdivided are complied with;

(39) Section 657(6) is amended by striking out “extend” and substituting “grant one or more extensions of”.

(40) Section 668 is repealed.

49 Explanatory Notes

(11) A decision of a subdi vision authority must state (

a) whether an appeal lies to a subdivision and development appeal board or to the Municipal Government Board, and (

b) if an application for subdivi sion approval is refused, the reasons for the refusal.

(38) Section 6 55(1) presently reads in part: 655(1) A subdivision authority may impose the following conditions or any other conditions permitted to be imposed by the subdivision and development regulations on a subdivision approval issued by it: (

a) any conditions to ensure that this Part and the statutory plans and land use bylaws and the regulations under this Part, and any applicable ALSA regional plan, affecting the land proposed to be subdivided are complied with;

(39) Section 6 57(6) presently reads:

(6) The council may extend (

a) the one-year period referred to in subsection (1), or (

b) the one-year period referred to in subsection (5), whether or not the time period under those subsections has expired.

(40) Section 6 68 presently reads: 668(1) In this section, “developable land” means that area of land that is the subject of a proposed subdivision less the total of (

a) land required to be provided for roads and public utilities under

section 662, and (

b) land required to be provided as reserve land.

(2) Subject to

section 663, when in the opinion of the subdivision authority a proposed subdivision would result in a density of 30 dwelling units or more per hectare of developable land, the subdivision authority may require municipal reserve, school reserve

(41) Section 674 is repealed and the following is substituted: Requirement for hearing 674(1) Before any of the following occurs, a public hearing must be held in accordance with

section 230 and advertised in accordance with

section 606: (

a) the sale, lease or other disposal of (

i) municipal reserve, community services reserve o r m unicipal and school reserve by a council, or (ii) municipal and school r eserve by a council and a sch ool board; (

b) the making of a bylaw requiring the school buildin g fo otprint of a school reserve, municipal and school reserve or municipal reserve referred to in

section 672(1) to be designated as community services reserve; (

c) the disposal of conservation reserve by a municipality as p ermitted by

section 674.1.

(2) Sectio n 70 does not apply to a sale, lease or other disposal refe rred to in subsection (1)(a).

(3) In addition to the advertising requirement in subsection (1), notices containing the information required under

section 606 m ust be posted on or near the municipal reserve, school reserve, m unicipal and school reserve or community services reserve that is the s ubject of the hearing. (42 )

Section 674.1 is amended (

a) by repealing subsection (3);

50 Explanatory Notes or municipal and school reserve in addition to that required to be provided under

section 666.

(3) The additional land that may be required to be provided under subsection (2) may not exceed the equivalent of 5% of the developable land or a lesser percentage as prescribed in the subdivision and development regulations.

(41) Section 6 74 presently reads: 674(1) Despite

section 70, if (

a) a council wishes to sell, lease or otherwise dispose of municipal reserve or community services reserve, or (

b) a council and a school board wish to sell, lease or otherwise dispose of municipal and school reserve, a public hearing must be held in accordance with

section 230 and must be advertised in accordance with

section 606.

(2) In addition to the notice required under subsection (1), notices containing the information required under

section 606 must be posted on or near the municipal reserve, community services reserve or municipal and school reserve that is the subject of the hearing.

(42) Section 6 74.1 presently reads in part:

(3) Before a municipality dispos es of conservation reserve under subsection (2),

51 (

b) in subsection (4) by striking out “subsections (2) and (3)” and substituting “subsection (2)”. (43 )

Section 674.2 is repealed.

(44) Section 675 is repealed and the following is substituted:

51 Explanatory Notes (

a) a public hearing must be held in accordance with

section 230 and must be advertised in accordance with

section 606, and (

b) notices containing the in formation required under

section 606 must be posted on or near the conservation reserve that is the subject of the hearing.

(4) Despite subsections (2) and (3), (

a) if a municipality receives a notice under

section 103 of a proposed amalgamation, the municipality must not dispose of conservation reserve lying within the municipality until after the report under

section 106 is submitted to the Minister and the amalgamation proceedings, if any, are complete, and (

b) if a municipality receives a notice under

section 116 of a proposed annexation of land, the municipality must not dispose of conservation reserve lying within the proposed annexation area until after the report under

section 118 is submitted to the Municipal Government Board and the annexation proceedings, if any, are complete.

(43) Section 6 74.2 presently reads: 674.2(1) A council may, after taking into consideration the representations made at a public hearing under

section 674.1(3), direct a designated officer to notify the Registrar that the provisions of this Division have been complied with and request the Registrar to remove the designation of conservation reserve.

(2) If the Registrar is satisfied that this Part has been complied with, the Registrar must remove the designation in accordance with the request made under subsection (1).

(3) On removal of the designation, the municipality may sell, lease or otherwise dispose of the land, but the proceeds from the sale, lease or other disposition may be used only for the purpose of enabling the municipality to protect and conserve land that, in the opinion of council, has environmentally significant features or for a matter connected to that purpose.

(44) Section 6 75 presently reads:

52 Removal of designation 675(1) After taking into consideration the representations made at a public hearing under

section 674(1), (

a) a council may direct a designated officer to notify the R egistrar that the provisions of this Division have been complied with and request the Registrar to remove a desi gnation of (

i) municipal reserve, (ii) community services reserve, or (ii) conservation reserve, a n d (

b) a council and a school board may direct a designate d of ficer to notify the Registrar that the provisions of this Division have been complied with and request the R egistrar to remove a designation of municipal and sch ool reserve.

(2) If the Registrar is satisfied that this Part has been complied wi th, the Registrar must remove the designation in accordance wi th the request made under subsection (1).

(3) On removal of the designation, the municipality, or the m unicipality and the school board, may sell, lease or otherwise dispose of the land, but the proceeds from the sale, lease or o ther disposition may only be used (

a) in the case of a municipal reserve or a municipal an d sch ool reserve, for any or all of the purposes referred to in

section 671(2) or for any matter connected to those purposes, (

b) in the case of a community services reserve, for any or al l of the purposes referred to in

section 671(2.1) or for any m atter connected to those purposes, and

52 Explanatory Notes 675(1) A council in the case of municipal reserve or community services reserve or a council and a school board in the case of municipal and school reserve may, after taking into consideration the representations made at a public hearing under

section 674(1), direct a designated officer to notify the Registrar that the provisions of this Division have been complied with and request the Registrar to remove the designation of municipal reserve, community services reserve or municipal and school reserve.

(2) If the Registrar is satisfied that this Part has been complied with, the Registrar must remove the designation in accordance with the request made under subsection (1).

(3) On removal of the designation, the municipality or the municipality and the school board may sell, lease or otherwise dispose of the land, but the proceeds from the sale, lease or other disposition may be used (

a) in the case of the sale, lease or other disposition of a municipal reserve or a municipal and school reserve, only for any or all of the purposes referred to in

section 671(2) or for any matter connected to those purposes, and (

b) in the case of the sale, lease or other disposition of a community services reserve, only for any or all of the purposes referred to in

section 671(2.1) or for any matter connected to those purposes.

53 (

c) in the case of a conservation reserve, for the purpose of en abling the municipality to protect and conserve land that, in the opinion of council, has environmentally significa nt features or for a matter connected to that pu rpose.

(45) The following is added after the heading to

Part 17, Division 10: Appeal board bylaw 677.1(1) A bylaw or agreement under

section 627 establishing a subdivision and development appeal board must (

a) provide for the applicable matters described in

section 145(b), and (

b) prescribe the functions and duties of the subdivision and development appeal board.

(2) A bylaw or agreement referred to in subsection (1) may provide (

a) for the members of the subdivision and development appeal board to meet in panels, (

b) for 2 or more panels to meet simultaneously, (

c) that the panels have any or all the powers, duties and respon sibilities of the subdivision and development appeal board, a nd (

d) that a decision of a panel is a decision of the subdivision and development appeal board. (46 )

Section 678(2)(

a) is repealed and the following is substituted: (

a) with the Municipal Government Board (

i) unless otherwise provided in the regulations unde r sectio n 694(1)(h.2)(i), where the land that is the subject of the application (

A) is within the Green Area as classified by the Minister resp onsible for the Public Lands Act,

53 Explanatory Notes

(45) Appeal b oard bylaw.

(46) Section 6 78(2) presently reads in part:

(2) An appeal under subsection (1) may be commenced by filing a notice of appeal within 14 days after receipt of the written decision of the subdivision authority or deemed refusal by the subdivision authority in accordance with

section 681 (

a) with the Municipal Government Board (

i) if the land that is the subj ect of the application is within the Green Area as classified by the Minister responsible for the Public Lands Act,

54 (

B) contains, is adjacent to or is within the prescribed distance of a hi ghway, a body of water, a sewage treat ment or waste management facility or a hi storical site, (

C) is the subject of a licence, permit, approval or other authorization granted by the Natural Resources C onservation Board, Energy Resources Conservation Bo ard, Alberta Energy Regulator, Alberta Energy an d Utilities Board or Alberta Utilities Commission, or (

D) is the subject of a licence, permit, approval or other authorization granted by the Minister of Environment and Pa rks, or (ii) in any other circumstances described in the regulatio ns un der

section 694(1)(h.2)(ii), or

(47) Section 679 is amended (

a) in subsection (2) by striking out “land that is adjacent to land that is the subject of the application” and substituting “ adjacent land”; (

b) by repealing subsection (4) and substituting the follo wing:

(4) For the purposes of this section, “owner” has the same m eaning as in

section 653.

(48) Section 680 is amended (

a) by repealing subsection (1.1) and substituting the follo wing:

(1.1) For the purposes of subsection (1), “owner” has the same meaning as in

section 653. (

b) by repealing subsection (2)(a).

54 Explanatory Notes (ii) if the land that is the subj ect of the application contains, is adjacent to or is within the prescribed distance of a highway, a body of water, a sewage treatment or waste management facility or a historical site, or (iii) in any other circumstances described in the regulations under

section 694(1)(h.2), or

(47) Section 6 79 presently reads in part:

(2) The board hearing an appeal under

section 678 must give at least 5 days’ notice of the hearing in accordance with subsection (3) to owners of land that is adjacent to land that is the subject of the application.

(4) For the purposes of this section, “adjacent land” and “owner” have the same meanings as in

section 653.

(48) Section 6 80 presently reads in part:

(1.1) For the purposes of subsection (1), “adjacent land” and “owner” have the same meanings as in

section 653.

(2) In determining an appeal, the board hearing the appeal (

a) must act in accordance wi th any applicable ALSA regional plan;

(49) Section 683.1(11) is repealed.

(50) Section 685 is amended (

a) by repealing subsection (1) and substituting the follo wing: Grounds for appeal 685(1) If a development authority (

a) fails or refuses to issue a development permit t o a pers on, (

b) issues a development permit subject to conditions, or (

c) issues an order under

section 645, the person applying for the permit or affected by the order under

section 645 may appeal the decision in accordance with subsection (2.1).

(1.1) A decision of a development authority must state whether an appeal lies to a subdivision and development appeal board or to the Municipal Government Board. (

b) in subsection (2) by striking out “to the subdivision and development appeal board” and substituting “the decision in accordance with subsection (2.1)”; (

c) by adding the following after subsection (2):

(2.1) An appeal referred to in subsection (1) or (2) may be mad e (

a) to the Municipal Government Board (

i) unless otherwise provided in the regulations unde r sectio n 694(1)(h.2)(i), where the land that is the subject of the application

55 Explanatory Notes

(49) Section 6 83.1(11) presently reads:

(11) If the development authority refuses the application for a development permit, the development authority must issue to the applicant a notice in the form and manner provided for in the land use bylaw that the application has been refused and the reasons for the refusal.

(50) Section 6 85 presently reads in part: 685(1) If a development authority (

a) fails or refuses to issue a development permit to a person, (

b) issues a development permit subject to conditions, or (

c) issues an order under

section 645, the person applying for the permit or affected by the order under

section 645 may appeal to the subdivision and development appeal board.

(2) In addition to an applicant under subsection (1), any person affected by an order, decision or development permit made or issued by a development authority may appeal to the subdivision and development appeal board.

56 (

A) is within the Green Area as classified by the Minister responsible for the Public Lands Act, (

B) contains, is adjacent to or is within the prescribed distance of a hi ghway, a body of water, a sewage treat ment or waste management facility or a hi storical site, (

C) is the subject of a licence, permit, approval or ot her authorization granted by the Natural Resources Conservation Board, Energy Resources Conservation Board, Alberta Energy Regulator, Alberta Energy and Utilities Board or Alb erta Utilities Commission, or (

D) is the subject of a licence, permit, approval or ot her authorization granted by the Minister of Environment and Parks, or (ii) in any other circum stances described in the regulations under

section 694(1)(h.

Document details

Collection	Alberta — Bills
Citation	L30 S2 11886
Type	bill
Volume / chapter	L30 S2 11886
Language	en
Format	json
Source	PROVINCIAL
Identifier	834a15f83c5ffa9ed4d2481e9093ce49b8121c24

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