Bill 53 — First Session, 27Th Legislature, 57 Elizabeth Ii the Legislative Assembly of Alberta Bill 53 Miscellaneous Statutes Amendment Act, 2008 (No. 2) (Legislature 27, Session 1)

L27 S1 703

Alberta — Bills

2008 Bill 53 First Session, 27th Legislature, 57 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 53 MISCELLANEOUS STATUTES AMENDMENT ACT, 2008 (NO. 2) THE MINISTER OF JUSTICE AND ATTORNEY GENERAL First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Bill 53 BILL 53 2008 MISCELLANEOUS STATUTES AMENDMENT ACT, 2008 (NO. 2) ( A s s e n t e d t o , 2 0 0 8 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Capital Finance Authority Act Amends RSA 2000 cA-14.5 1 The Alberta Capital Finance Authority Act is amended in

section 1(1)(e)(

i) and (ii) by striking out “person” and substituting “non-profit corporation”. Condominium Property Act Amends RSA 2000 cC-22 2(1) The Condominium Property Act is amended by this section. 1

Explanatory Notes Alberta Capital Finance Authority Act 1 Amends

chapter A-14.5 of the Revised Statutes of Alberta 2000.

Section 1(1)(e)(

i) and (ii) presently read: 1(1) In this Act, (e) “health authority” means (

i) a person, other than a regiona l health authority, that owns an approved hospital under the Hospitals Act; (ii) a person, other than a regi onal health authority, that owns a mental health hospital under the Hospitals Act; Condominium Property Act 2(1) Amends

chapter C-22 of the Revised Statutes of Alberta 2000. 1 Explanatory Notes

(2) Section 44(

a) is amended by striking out “a unit” and substituting “the unit”.

(3) Section 58(1) is amended by striking out “an interest” and substituting “a registered interest”. Cooperatives Act Amends SA 2001 cC-28.1 3 The Cooperatives Act is amended in

section 279(6) by striking out “corporation” and substituting “cooperative”. Fair Trading Act Amends RSA 2000 cF-2 4 The Fair Trading Act is amended in

section 127(b)(ii) by striking out “section 151(5)” and substituting “section 151(3)”. 2

(2) Section 44(

a) presently reads: 44 On the written request of an owner, purchaser or mortgagee of a unit the corporation shall, within 10 days after receiving that request, provide to the person making the request one or more of the following as requested by that person: (

a) a statement setting out the amount of any contributions due and payable in respect of a unit;

(3) Section 58(1) presently reads: 58(1) A corporation or a person having an interest in a unit may apply to the Court for appointment of an administrator. Cooperatives Act 3 Amends

chapter C-28.1 of the Statutes of Alberta, 2001.

Section 279(6) presently reads:

(6) If the application is in respect of a distributing corporation, the applicant must give the Executive Director notice of the application, and the Executive Director is entitled to appear and be heard in person or by counsel. Fair Trading Act 4 Amends

chapter F-2 of the Revised Statues of Alberta

Section 127(b)(ii) presently reads: 127 The Director may refuse to issue or renew a licence, may cancel or suspend a licence and may impose terms and conditions on a licence for the following reasons: (

b) the applicant or licensee or any of its officers or employees (ii) fails to comply with a direction of the Director under

section 151(5), 2 Explanatory Notes

Family Law Act Amends SA 2003 cF-4.5 5 The Family Law Act is amended in

section 12(2) (

a) by striking out “who resides in Alberta”; (

b) by adding “in Alberta” after “who is born”. Government Organization Act Amends RSA 2000 cG-10 6 The Government Organization Act is amended in

Schedule 6 by adding the following: First Nations Commercial and Industrial Development Act (Canada) Implementation of FNCIDA 6(1) In this section, “FNCIDA” means the First Nations Commercial and Industrial Development Act (Canada).

(2) If a regulation made under

section 3 of FNCIDA specifies a provincial official by whom, or body by which, a power may be exercised or a duty must be performed and an agreement referred to in paragraph 5(

b) of FNCIDA for the administration and enforcement of the regulation has been concluded, the provincial official or body has authority to exercise any power or perform any duty set out in the regulation to the extent provided for in the agreement. First Nations Oil and Gas and Moneys Management Act (Canada) Implementation of FNOGMMA 7(1) In this section, (a) “FNOGMMA” means the First Nations Oil and Gas and Moneys Management Act (Canada); 3

Family Law Act 5 Amends

chapter F-4.5 of the Statutes of Alberta, 2003.

Section 12(2) presently reads:

(2) A genetic donor who resides in Alberta may apply to the court for an order declaring the genetic donor to be the mother of a child who is born to a gestational carrier. Government Organization Act 6 Amends

chapter G-10 of the Revised Statutes of Alberta 2000. Adding implementation of FNCIDA and FNOGMMA to

Schedule 6. 3 Explanatory Notes

(b) “first nation oil and gas law” means a law made under

section 35 of FNOGMMA.

(2) If a first nation oil and gas law specifies a provincial official by whom, or body by which, a power may be exercised or a duty must be performed and an agreement referred to in

section 43 of FNOGMMA for the administration and enforcement of the first nation oil and gas law has been concluded, the provincial official or body has authority to exercise any power or perform any duty set out in the first nation oil and gas law to the extent provided for in the agreement. Legal Profession Act Amends RSA 2000 cL-8 7 The Legal Profession Act is amended by repealing

section 38(2)(

c) and substituting the following: (

c) the Chief Judge of the Provincial Court or any other judge of that Court, 4

Legal Profession Act 7 Amends

chapter L-8 of the Revised Statutes of Alberta 2000.

Section 38(2)(

c) presently reads:

(2) The Credentials and Education Committee, or the Executive Director acting in accordance with the guidelines of that Committee, may permit a person admitted as a student-at-law under

section 40(1) to serve part of the period under articles with (

a) the Chief Justice of Alberta or any other judge of the Court of Appeal, (

b) the Chief Justice of the Court of Queen’s Bench or any other judge of that Court, (

c) the chief judge of the Provincial Court, (

d) the Chief Justice of Canada or any other judge of the Supreme Court of Canada, (

e) the Chief Justice of the Federal Court of Canada or any other judge of that Court, or (

f) the Chief Judge of the Tax Court of Canada or any other judge of that Court, 4 Explanatory Notes

Provincial Offences Procedure Act Amends RSA 2000 cP-34 8 The Provincial Offences Procedure Act is amended by repealing

section 1(k)(

i) and (ii) and substituting the following: (

i) a police officer under the Police Act, while the police officer is in the exercise or discharge of the police officer’s powers or duties, (ii) a member of a police service under the Police Act, while the member is in the exercise or discharge of the member’s powers or duties, Real Estate Act Amends RSA 2000 cR-5 9 The Real Estate Act is amended in

section 84(2)(

e) by striking out “any claim” and substituting “any judgment or claim”. Residential Tenancies Act Amends SA 2004 cR-17.1 10 The Residential Tenancies Act is amended in

section 31(13) by striking out “storage and disposition” and substituting “storage, disposition”. 5

Provincial Offences Procedure Act 8 Amends

chapter P-34 of the Revised Statutes of Alberta

Section 1(k)(

i) and (ii) presently read: 1 In this Act, (k) “peace officer” means (

i) a member of the Royal Canadian Mounted Police, while the member is in the exercise or discharge of the member’s powers or duties, (ii) a member of a municipal police service, while the member is in the exercise or discharge of the member’s powers or duties, Real Estate Act 9 Amends

chapter R-5 of the Revised Statutes of Alberta 2000.

Section 84(2)(

e) presently reads:

(2) The Minister may make regulations (

e) prescribing the conditions to be met before any claim is paid from the Fund; Residential Tenancies Act 10 Amends

chapter R-17.1 of the Statutes of Alberta, 2004.

Section 31(13) presently reads:

(13) A landlord shall keep a record of the storage and disposition or sale of goods under this

section including (

a) a description of the goods, (

b) the period for which and the location at which they were stored, 5 Explanatory Notes

(

c) in a case where subsection (8) applies, the costs claimed by the landlord and the date on which the goods were returned to the tenant, (

d) where the goods are sold, the particulars of the sale, the amount claimed by the landlord under subsection (9) and the amount, if any, paid to the Minister under subsection (9), and (

e) where the goods are neither re turned to the tenant nor sold, the manner in which they were disposed of. 6 Explanatory Notes

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2008 (27th, 1st) Bill 53, Miscellaneous Statutes Amendment Act, 2008 (No. 2)

Document details

Collection	Alberta — Bills
Citation	L27 S1 703
Type	bill
Volume / chapter	L27 S1 703
Language	en
Format	json
Source	PROVINCIAL
Identifier	8cc3cf618b52453eadc33762f27a1c4e5f5163bf

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