Bill 69 — Second Session, 30Th Legislature, 70 Elizabeth Ii the Legislative Assembly of Alberta Bill 69 Miscellaneous Statutes Amendment Act, 2021 (Legislature 30, Session 2)

L30 S2 11915

Alberta — Bills

2021 Bill 69 Second Session, 30th Legislature, 70 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 69 MISCELLANEOUS STATUTES AMENDMENT ACT, 2021 THE MINISTER OF ENVIRONMENT AND PARKS First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 69 BILL 69 2021 MISCELLANEOUS STATUTES AMENDMENT ACT, 2021 ( A s s e n t e d t o , 2 0 2 1 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Investment Attraction Act Amends SA 2020 cA-26.4 1(1) The Alberta Investment Attraction Act is amended by this section.

(2) Section 1(

e) is repealed and the following is substituted: (e) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act. Commercial Tenancies Protection Act Amends SA 2020 cC-19.5 2(1) The Commercial Tenancies Protection Act is amended by this section.

(2) Section 1(

e) is repealed and the following is substituted: (e) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act;

1 Explanatory Notes Explanatory Notes Alberta Investment Attraction Act 1(1) Amends

chapter A-26.4 of the Statutes of Alberta, 2020.

(2) Section 1(

e) presently reads: 1 In this Act, (e) “Minister” means the Mini ster of Economic Development, Trade and Tourism. Commercial Tenancies Protection Act 2(1) Amends

chapter C-19.5 of the Statutes of Alberta, 2020.

(2) Section 1(

e) presently reads: 1 In this Act, (e) “Minister” means the Mini ster of Economic Development, Trade and Tourism;

2 Companies Act Amends RSA 2000 cC-21 3(1) The Companies Act is amended by this section.

(2) Section 1 is amended by adding the following before clause (a.01): (a.001) “agent for service” m eans an agent for service appointed by a company under

section 29.1;

(3) This

section has effect on March 29, 2021.

2 Explanatory Notes Companies Act 3(1) Amends

chapter C-21 of the Revised Statutes of Alberta 2000.

(2) Section 1 presently reads: 1 In this Act, (a.01) “articles” means (

i) the articles of associatio n prescribing regulations for a company, whether as originally framed or as altered by special resolution, and including, insofar as they apply to the company, the regulations contained, as the case may be, (

A) in Table A in the

Schedule to this Act or in the First

Schedule to The Companies Act, RSA 1955 c53 or RSA 1942 c240, or to The Companies Act, 1929, SA 1929 c14, or (

B) in Table A in the First

Schedule or in Form B in the Second

Schedule to The Companies Act, RSA 1922 c156, or to The Companies Ordinance, ONWT 1901 c20, or in any such table as alte red pursuant to any such Act or Ordinance, and (ii) the bylaws of a company incorporated under Ordinance No. 3 of 1886, being The Companies Ordinance, RONWT 1888 c30 or under The Companies Ordinance, CONWT 1898 c61, as originally framed or duly altered;

(3) Coming into force.

3 Dangerous Goods Transportation and Handling Act Amends RSA 2000 cD-4 4(1) The Dangerous Goods Transportation and Handling Act is amended by this section.

(2) Section 1(c.2) is repealed and the following is substituted: (c.2) “Director” means the Director of Dangerous Goods designated under

section 5.1;

(3) The following is added after

section 5: Designation of Director 5.1 The Minister may designate a person as the Director of Dangerous Goods.

(4) This

section has effect on July 30, 2021. Employment Standards Code Amends RSA 2000 cE-9 5(1) The Employment Standards Code is amended by this section.

(2) Section 23.1(3)(

d) is amended by striking out “matters set out n subsection (4)” and substituting “matters set out in subsection (4)”.

(3) Section 74.1(2)(

b) is amended by striking out “the employers and the employees” and substituting “the employer or employers, and the employee or employees,”.

3 Explanatory Notes Dangerous Goods Transportation and Handling Act 4(1) Amends

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

(2) Section 1 presently reads in part: 1 In this Act, (c.2) “Director” means the Dire ctor of the Dangerous Goods and Rail Safety Branch of Alberta Transportation;

(3) Designation of Director.

(4) Coming into force. Employment Standards Code 5(1) Amends

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

(2) Section 23.1 presently reads in part:

(3) An averaging arrangement must (

d) unless a collective agreement provides otherwise, include a

schedule setting out the daily and weekly hours of work for the averaging period and, if the averaging arrangement specifies the matters set out n subsection (4), a statement that the employer may amend the

schedule in accordance with the averaging arrangement, and

(3) Section 74.1 presently reads in part:

4 Family Support for Children with Disabilities Act Amends SA 2003 cF-5.3 6(1) The Family Support for Children with Disabilities Act is amended by this section.

(2) Section 4(1) is amended by striking out “provided for in the regulations” and substituting “satisfactory to the director”.

(3) Section 7(2) is amended by striking out “in the form provided for in the regulations” and substituting “in a format satisfactory to the director”. Income and Employment Supports Act Amends SA 2003 cI-0.5 7(1) The Income and Employment Supports Act is amended by this section.

4 Explanatory Notes

(2) An order made under subsection (1) must (

b) identify the employers and th e employees to whom the order applies or the employment to which the order applies, as the case may be, Family Support for Children with Disabilities Act 6(1) Amends

chapter F-5.3 of the Statutes of Alberta, 2003.

(2) Section 4(1) presently reads: 4(1) If (

a) a medical diagnosis, in a form at satisfactory to the director, of a child’s condition or impairment indicates that the child has a disability, and (

b) an assessment of the child, completed in a manner satisfactory to the director, indicates that the disability significantly limits the child’s ability to function in normal daily living, the director and the child’s guardian may enter into an agreement, in a form provided for in the regulations, with respect to the provision of child-focused services.

(3) Section 7(2) presently reads:

(2) An appeal under subsection (1) must be commenced by serving a notice of appeal, in the form provided for in the regulations, on the director within 45 days of the date on which the guardian has been notified of the decision that is the subject of the appeal. Income and Employment Supports Act 7(1) Amends

chapter I-0.5 of the Statutes of Alberta, 2003.

5 (2)

Section 6(1)(a)(ii) is amended by striking out “not expected to work” and substituting “barriers to full employment”.

(3) Section 29 is amended (

a) in subsection (2)(

a) by striking out “in the prescribed form”; (

b) in subsection (3)(

a) by striking out “in the prescribed form”.

(4) Section 30(1)(

a) is amended by striking out “in the prescribed form”. Municipal Government Act Amends RSA 2000 cM-26 8(1) The Municipal Government Act is amended by this section.

5 Explanatory Notes (2)

Section 6(1)(a)(ii) presently reads: 6(1) A household unit is eligible for income support and benefits if (

a) the household unit is desi gnated in accordance with the regulations as being included in one of the following categories: (ii) not expected to work, as defined in the regulations;

(3) Section 29 presently reads in part:

(2) The Director may assist a person referred to in subsection (1) (

a) in entering into a support agr eement in the prescribed form with the person who is obligated to pay support and arrears, if any, and

(3) For the purposes of subsection (1), the Director has all the rights of a person referred to in subsection (1) and may take any steps to obtain, enforce or vary a support order or support agreement, including (

a) entering into a support agreemen t in the prescribed form with the person who is obligated to pay the support and arrears, if any;

(4) Section 30(1)(

a) presently reads: 30(1) Where a person is not receiving assistance but meets the eligibility requirements provided for in the regulations, the Director may, subject to the regulations, (

a) assist the person in entering into a support agreement in the prescribed form with the person who is obligated to pay support and arrears, if any, Municipal Government Act 8(1) Amends

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

6 (2)

Section 137(1)(

e) is amended by striking out “this or another enactment to give effect to the order” and substituting “one or more provisions of this or another enactment for the purposes of the order”. Oil and Gas Conservation Act Amends RSA 2000 cO-6 9(1) The Oil and Gas Conservation Act is amended by this section.

(2) Section 72 is amended by striking out “Board” and substituting “Regulator”. Public Service Employee Relations Amendment Act, 2018 Amends 2018 c21 10(1) The Public Service Employee Relations Amendment Act, 2018 is amended by this section.

(2) Section 6(6) is amended by striking out “209(1)” and substituting “208.1(1)”.

6 Explanatory Notes (2)

Section 137(1) presently reads in part: 137(1) An order of formation, change of status, amalgamation, annexation or dissolution may, in respect of any municipal authority affected by the order, contain provisions dealing with the following: (

e) the application, addition, change or substitution of this or another enactment to give effect to the order. Oil and Gas Conservation Act 9(1) Amends

chapter O-6 of the Revised Statutes of Alberta 2000.

(2) Section 72 presently reads: 72 A debt to the Regulator to the account of the orphan fund shall, for the purpose of enforcement of payment of the debt, be treated the same as any other debt to the Regulator, and all the same remedies under this Act are available to the Board for that purpose. Public Service Employees Relations Amendment Act, 2018 10(1) Amends

chapter 21 of the Statutes of Alberta, 2018.

(2) Section 6(6) presently reads:

(6) The following is added after

section 208: 209(1) In this section, (a) “Amending Act” means the Public Service Employee Relations Amendment Act, 2018; (b) “effective date” means July 1, 2022.

(2) On the effective date, the following applies:

7 Explanatory Notes (

a) a bargaining agent under the Public Service Employee Relations Act for a unit of employees referred to in sections 5(2), 6(2) and 7(2) of the

Schedule to the Public Service Employee Relations Act is deemed to be on the effective date a bargaining agent under this Act for those employees, and the Labour Relations Board shall issue a certificate under this Act as a replacement for the certificate held by that bargaining agent under the Public Service Employee Relations Act; (

b) collective agreements under the Public Service Employee Relations Act with respect to the employees referred to in clause (

a) that were entered into before the effective date, and any grievances arising under those collective agreements, shall be governed by this Act; (

c) applications and complaints filed under the Public Service Employee Relations Act before the effective date shall continue to their conclusion under the Public Service Employee Relations Act; (

d) subject to clause (e), any collective bargaining commenced pursuant to a notice to bargain given under

section 20 of the Public Service Employee Relations Act before the effective date shall continue as if the notice to bargain had been given under

section 59 of this Act; (

e) if a collective bargaining dispute has been referred to a compulsory arbitration board established pursuant to

section 32 of the Public Service Employee Relations Act before the effective date, that arbitration shall continue to its conclusion as if

section 5 of the Amending Act had not come into force, and the collective agreement resulting from that arbitration shall be treated as if it were a collective agreement entered into under this Act.

(3) If any dispute arises about (

a) the operation of subsection (2), or (

b) any other matter relating to the amendment of the

Schedule referred to in

section 5 of the Amending Act, a party to the dispute may refer the dispute to the Labour Relations Board for resolution and the Board’s decision is final and binding.

8 Public Trustee Act Amends SA 2004 cP-44.1 11(1) The Public Trustee Act is amended by this section.

(2) Section 23(1)(

a) is amended by striking out “Public Trustee must not act litigation representative” and substituting “Public Trustee must not act as litigation representative”. Restoring Balance in Alberta’s Workplaces Act, 2020 Amends SA 2020 c28 12(1) The Restoring Balance in Alberta’s Workplaces Act, 2020 is amended by this section.

(2) Section 1(19)(b)(

i) is repealed. Societies Act Amends RSA 2000 cS-14 13(1) The Societies Act is amended by this section.

(2) Section 9(3) is repealed.

8 Explanatory Notes Public Trustee Act 11(1) Amends

chapter P-44.1 of the Statutes of Alberta, 2004.

(2) Section 23(1)(

a) presently reads: 23(1) If a notice to proceed is delivered to the Public Trustee under

section 5.1(3) of the Limitations Act, (

a) the Public Trustee must no t act litigation representative of the minor except in accordance with

section 5.1(6)(

b) of the Limitations Act or in accordance with an order of a judge under

section 5.1(7)(

b) or (8)(

b) of the Limitations Act, Restoring Balance in Alberta’s Workplaces Act, 2020 12(1) Amends

chapter 28 of the Statutes of Alberta, 2020.

(2) Section 1(19) presently reads:

(19) Section 74.1 is amended (

b) in subsection (2) (

i) in clause (

b) by striking out “the employer and the employees” and substituting “the employer or employers, and the employee or employees,”; Societies Act 13(1) Amends

chapter S-14 of the Revised Statutes of Alberta 2000.

(2) Section 9(3) presently reads:

9 (3)

Section 26(2) is amended by adding “and” at the end of clause (

b) and by repealing clause (c). Special Areas Act Amends RSA 2000 cS-16 14(1) The Special Areas Act is amended by this section.

(2) Section 15 is repealed.

9 Explanatory Notes

(3) The application shall be accompanied with any information respecting the subscribers to the application that may be required by the regulations under the Agricultural and Recreational Land Ownership Act and

section 35 of the Citizenship Act (Canada) in the form and manner prescribed by those regulations.

(3) Section 26(2) presently reads in part:

(2) A society shall each year, on or before the last day of the month immediately following its anniversary month, make a return to the Registrar containing (

b) the full name and street address or postal address of each officer and director of the society, (

c) any information respecting the members of the society that may be required by regulations under the Agricultural and Recreational Land Ownership Act and

section 35 of the Citizenship Act (Canada) in the form and manner prescribed by those regulations, and Special Areas Act 14(1) Amends

chapter S-16 of the Revised Statutes of Alberta 2000.

(2) Section 15 presently reads: 15(1) In this section, “remuneration” includes salaries, indemnities, honorariums and allowances.

(2) One third of the remuneration paid in 1999 and later years from The Special Areas Trust Account in accordance with

section 7(

d) to a member of an advisory committee is deemed to be an allowance for expenses that are incidental to the discharge of the member’s duties. (3) Subsection (2) does not apply to a member’s remuneration paid in a year if there is in force during all or any part of that year an order of the Minister establishing that a portion other than 1/3 of the member’s remuneration is an allowance for expenses that are incidental to the discharge of the member’s duties.

10 Traffic Safety Act Amends RSA 2000 cT-6 15(1) The Traffic Safety Act is amended by this section.

(2) Section 1(1)(

y) is amended (

a) by repealing subclause (viii); (

b) in subclause (ix) by striking out “(viii)” and substituting “(vii)”.

(3) Section 52(1)(

a) is amended by adding “or park” after “operate”.

(4) Section 53(1)(

c) is repealed. (5)

Section 154(4) is amended by striking out “Subsection (1)” and substituting “Subsection (1)(a)”.

10 Explanatory Notes Traffic Safety Act 15(1) Amends

chapter T-6 of the Revised Statutes of Alberta 2000.

(2) Section 1(1)(

y) presently reads in part: 1(1) In this Act, (y) “motor vehicle document” means (viii) a validation tab for a licence plate; (ix) any other document not referred to in subclauses (

i) to (viii) that is prescribed by regulation as a motor vehicle document;

(3) Section 52(1)(

a) presently reads: 52(1) Except as otherwise permitted under this Act, a person shall not do any of the following: (

a) operate a motor vehicle or trailer on a highway unless there is a subsisting certificate of registration issued in respect of that vehicle;

(4) Section 53(1)(

c) presently reads: 53(1) Except as otherwise permitted under this Act, a person shall not do any of the following: (

c) operate or park a motor vehicle or trailer on a highway with an expired licence plate displayed on it;

(5) Section 154(4) presently reads: (4) Subsection (1) does not apply where a penalty is otherwise prescribed under this Part or the regulations made in respect of matters coming under this Part.

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: 2021 (30th, 2nd) Bill 69, Miscellaneous Statutes Amendment Act, 2021

Document details

Collection	Alberta — Bills
Citation	L30 S2 11915
Type	bill
Volume / chapter	L30 S2 11915
Language	en
Format	json
Source	PROVINCIAL
Identifier	8d82c94a019e57f6af30cbe3d264b916be57d814

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