Bill 19 (Legislature 18, Session 1)
L18 S1 5471
Alberta — Bills
1975 ,Bill 19 (Second Session) --~ First Session, 18th Legislature, 24 EliZijbeth II el:==t THE LEGISLATIVE ASSEl\fBLY OF ALBERTA BILL 19 THE DEPARTMENT Of BUSINESS DEVELOPMENT AND TOURISM ACT THE l\lINISTER OF BUSINESS DEVELOPMENT AND TOURISM First Reading _ ............................ . Second Reading ............................ . Third Reading Printed by the Queen's Printer for the Province of Alberta, EDMONTON
Bill 19 BILL 19 1975 (Second Session) THE D~PARTMENT OF BUSINESS DEVEtOP;,,1ENT AND rOURISM ACT (Assented to , 1975) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act, (a) "Department" means the Department of Business Development and Tourism; (b) "Minister" means the Minister of Business De velopnlent and Tourism. 2.
There shall be a department of the public service of the Province called the Departrnent of Business Develop ment and Tourism over which shall preside the member of the Executive Council appointed by the Lieutenant Gov ernor under the Great Seal of the Province as IVIinister of Business Development and Tourism. 3. In accordance with The Public Service Act thbre may be appointed a Deputy n1inister of Business Development and Tourisln and such other employees as are required to conduct the business of the Department. 4.
(1) The Minister may from thne to time engage the services of experts or persons having special technical or other knowledge to advise him or to inquire into and report to him on matters under the Minister's adlninistration.
(2) A person whose services are engaged under this
section may be paid such remuneration and expenses as the Minister may prescribe. 5.
(1) The Minister may establish such boards, commit tees or councils as he considers necessary or desirable to act in an advisory or a(hll!nistrative capacity in connection with any of the policies, programs, services or other matters under his administration.
Explanatory Notes I.
Definitions. 2. Department of Business Development and Tourism established. 3. Personnel. 4. Services of experts, etc. rio Boards, committees and councils.
(2) The J.\:Iinister may, with respect to any board, C0111- mittee or council established under this section, (
a) appoint or provide for the nlanner of the appoint ment of its menlbers, (
b) prescribe the ternl of office of any ll1ember, (
c) designate a chairman, vice-chairman and secretary, and (
d) authorize, fix and provide for the payment of re muneration and expenses to its nlembers.
(3) A board, conlmittee or council established pursuant to this
section may make rules of procedure, subject to the approval thereof by the l\:1inister, governing the calling of its meetings and the conduct of business as its meetings.
(4) A board, cOlnmittee or council established pursuant to this
section may exercise such powers and shall perforDl such duties and functions as the lY1inister may approve, confer or impose upon it. 6.
(1) The :Minister ill.ay make grants if (
a) he is authorized to do so by regulations under this section, and (
b) moneys are appropriated by the Legislature for that purpose or the grant is authorized to be paid pursuant to a special warrant.
(2) The Lieutena.llt Govenor in Council r~lay make regu lations (
a) authorizing the Minister to make grants; (
b) prescribing the purposes for which grants may be made; (c) (d) (e) (f) (go) governing applications for grants; prescribing the persons or organizations or classes of persons or organizations eligible for grants; specifying the conditions required to be met b~ ~ny applicant for a grant to render that person elIgIble for the gran t ; prescribing the conditions upon \vhich a grant is made and requiring the repayment thereof to the Government if the conditions are not lllet; providing for the payment of any. g:rant in ~ lump sunl or by instalments and prescrlbIng the bme or times at which the grant or the instalnlents may be paid: 2
6. Grants. 2
(
h) limiting the a1110U:rlt of any grant or class of grant that Inay be 111ade; (
i) authorizing the ~lrin~ster to delegate in writinG" to any enlployee of the Governrnent any duty po~ver or function respecting t.he payment of any' grant; (
j) requiring any person rec2iving a grant to account for the way in which the grant is spent in whole or in part; (
k) authorizing the Minister to enter into an agree ment with respect to any matter relating to the pay ment of a grant.
(3) Any regulation made under subsection (2) nlay be specific or general in its application. 7.
(1) The Lieutenant Governor in Council may make regulations providing for the guarantees by the Govern ment of the repayment of principal and interest or principal or interest in respect of loans rrIade for the purpose of undertaking, or developing proj ects directly beneficial to business development or to tourisn1 within Alberta.
(2) Regulations under subsection (1) may (
a) prescribe the procedure for the submission of appli cations for a Government guarantee of a loan, the form and content of the applications, and the con ditions required to be met by the applicants to render them eligible for the guarantee; (
b) prescribe the terms and conditions upon which the guarantees ~re to be given; (
c) prescribe the duties and obligations of a person to whom a guaranteed loan is made during the period that his indebtedness is outstanding; (d) (e) (f) (
g) prescribe the security to be given to the Govern ment by applicants in consideration of the guar antee; define for the purpOS8S of this section, under takings and developments constituting projects directly beneficial to business development or to tourism; classify projects defined under clause (
e) and pre scribe a maximum percentage or amount th~t may be guaranteed in respect of any class of proJect or anyone proj ect in a class; prescribe the types or classes of lending institu tions in respect of whose loan guarantees n1ay be given. 3
7. Guarantee regulations. 3
(3) A guarantee of a loan pursuant to the regulations under this
section (
a) shall be in the form approved by the Provincial Treasurer, and (
b) may be e?Cecyted on behalf of the Government by the PrOVIncIal Treasurer, the Deputy Provincial Treasurer or by any other person designated by the Provincial Treasurer, and the signature on the guarantee by any person referred to in clause (
b) is conclusive proof that the relevant pro visions of the regulations have been con1plied with. 8. The member of the Executive Council who, imn1edi ately prior to the commencement of this Act, holds office as, and is designated by the Lieutenant Governor as, the Minister of Business Development and Tourisn1 becomes the Minister of Business Development and Tourism with out the necessity of a further designation by the Lieutenant Governor, the issue of a new commission or the swearing of another oath of office. 9.
A reference to the IVlinister of Industry and Toursin1 or the :Minister of Industry and Con1merce, or to the Deputy Minister of Industry and Tourism or the Deputy Minister of Industry and Commerce, or to the Department of In dustry and Tourism or the Department of Industry and Commerce in any statutory provision not amended by this Act or in any order, regulation, rule, by-law, certificate of title, agreement or other instrument shall be deemed to be a reference to the Minister of Business Development and Tourism, the Deputy Minister of Business Develop ment and Tourism or the Department of Business Devel opment and Tourism, as the case may be. 10.
The words "The Department of Industry and C01n merce Act" are struck out wherever they appear in the following enactments and the words "The Department of Business Developrnent and Tourism Act" are substituted therefor: The Fuel Oil Licensing Act,
section 14, subsection (1), clause (d); The Licensing of Trades and Businesses Act,
section 12, clause (a). 11. The Alberta Opportunity Fund Act is am,ended as to
section 1, subsection (1), clause (
h) by striking out the W~1'ds "Minister of Industry and Cornmerce" and b1! sub stttuting theref01~ the w01'ds "Minister of Business Devel opment and Tourism". 4
8. Transitional provision. 9. References to the Minister, Deputy Minister or Department under a former nam-e will be deemed to be references to them by their new names. 10. Consequential amendments. II. Consequential amendments. 4
12. The words "Deputy Minister of Industry and Com merce" are struck out wherever they appea1' in the follow ing enactments and the words "Deputy Minister of Busi ness Development and Tourisnl" are substituted there/or: The Department of the Environment Act,
section 10, sub section (1), clause (e); The Energy Resources Conservation Act,
section 19, sub section (1), clause (c). 13. The Department of the Environment Act is an~end·ed as to
section 11, subsection (2), clause (
f) by striking out thewo1·ds "Department of Industry and Commerce" and by substituting therefor the words "Department of Busi ness Development and Tourism". 14. The Department of Industry and C01n1nerce Act -is repealed. 15. This Act comes into force on the day upon which it is assented to. 5
J 2. Consequential amendments. 13. Consequential amendments. 14. This Bill will repeal
chapter 99 of the Revised Statutes of Alberta 1970. 5 Title: 1975 (18th, 1st) Bill 19, The Department of Business Development and Tourism Act