Bill 58 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 58 the Department of Federal and Intergovernmental Affairs Act (Legislature 17, Session 1)
L17 S1 5039
Alberta — Bills
1972 Bill 58 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 58 The Department of Federal and Intergovernmental Affairs Act THE MINISTER OF FEDERAL AND INTERGOVERNMENTAL AFFAIRS First Reading .............................. . Second Reading ............................. . Third Reading .............................. . Printed by L. S. Wall, Queen's Printer, Edmonton
BILL 58 1972 THE DEPARTMENT OF FEDERAL AND INTERGOVERNMENTAL AFFAIRS ACT (Assented to , 1972) HER MAJE8TY, by and with the advice and consent of the Legisllative Assembly of Alherta, enacts as follows: :1. In this Act (a) "intergovernmental agreement" means an agree ment or arrangement under which (
i) one of the parties is the Government of Alberta or a Minister, agency or official of the Crown in right of Alberta, and (ii) the other party or one of the other parties is the Government of Canada or a Minister, agency or official thereof, the government of another province or territory of Canada or any Minister, agency or official thereof, or the government of a foreign country or state or any agency or official thereof; (b) "Minister" means the Minister of Federal and Intergovernmental Affairs. 2.
There shall be a Department of the public service of the Province called the Department of Federal and Inter governmental Affairs over which shall preside the member of the Executive Council appointed by the Lieutenant Governor under the Great Seal of the Province as Minister of Federal and Intergovernmental Affairs. 3. In accordance with The Public Service Act there may be appointed a Deputy Minister of Federal and Inter governmental Affairs and such other employees as are re quired to conduct the business of the Department of Federal and Intergovernmental Affairs.
Explanatory Notes l.
Definitions. 2. Creation of Department of Federal and Intergovernmental Affairs and office of the Minister. 3. Departmental staff.
4. The Minister (
a) is responsible for the co-ordination of all policies, programs and activities of the Government of Alberta and its agencies in relation to the Govern ment of Canada, the governments of the provinces and territories of Canada, and the governments of foreign countries or states, and all agencies of those governments; (
b) shall conduct a continuing review of (
i) all policies, programs and activities of the Government of Alberta and its agencies in relation to the Government of Canada, the gov ernments of the provinces and territories of Canada and the governments of foreign coun tries or states, (ii) all intergovernmental agreements, and (iii) all relevant legislation pertaining to those policies, programs, activities and agreements; (
c) shall be a party to the negotiation of all proposed intergovernmental agreements; (
d) shall from time to time take such action as he con siders necessary to initiate or maintain intergovern mental co-operation betwee'n the Governm'ent of Al berta and the Government of Canada, the govern ment of a province or territory of Canada or any government of a foreign country or state; (
e) shall establish and maintain all offices outside Al berta that are necessary for the performance of the functions of representatives of the Government of Alberta. 5.
(1) Notwithstanding any other Act, an intergovern mental agreement to which this
section applies is not bind ing on the Government of Alberta or any agency or official thereof unless 2 (
a) it is signed on behalf of the Government by the Minister of Federal and Intergovernmental Affairs, if the agreement .is designated by the regulations as an agreement that is to be signed on behalf of the Government by the Minister of Federal and Inter governmental Affairs only, or (
b) it is signed on behalf of the Government by the Minister of Federal and Intergovernmental Affairs in addition to any other Minister of the Crown au thorized by law to sign it, if the agreement is desig nated by the regulations as an agreement that is to be signed by the Minister of Federal and Intergov ernn1ental Affairs in addition to another Minister of the Crown authorized by law to sign it, or (
c) it is approved by the Minister of Federal and Inter governmental Affairs, in any other cas'e.
4. General responsibilities of the Minister. 5. Intergovernmental agreement will be either signed by or ap proved by the Minister, unless the agreement is of a class exempt ed from the application of the section. 2
(2) The Lieutenant Governor ,in Council may make regu lations (
a) designating the dasses of intergovernmental agree ments that are to be signed on behalf of the Govern ment of Alberta by the Minister of Federal and In tergovernmental Affairs only; (
b) designating the classes of intergovernmental agree ments that are to be signed on behalf of the Govern ment of Alberta by the Minister of Federal and Intergovernmental Affairs in addition to any other Minister of the Crown authorized by law to sign it; (
c) designating the classes of intergovernmental agree ments to which this
section does not apply.
(3) Where under any Act a Minister of the Crown in right of Alberta is authorized to sign an intergovernmental agreement and the agreement is of a class designated by the regulations under subsection (2), clause (
a) as one that is to be srigned on behalf of the Government of Alberta by the Minister of Federal and Intergovernmental Affairs only, the Minister of Federal and Intergovernmental Affairs shall sign the agreement in place of that other Minister and with the same effect as if it were s,igned by that other :Minister.
(4) No intergovernmental agreement shall be entered into or signed on behalf of the Government of Alberta or by or on behalf of a Minister, agency or official of the Crown in right of Alberta otherwise than in accordance with this section. ( 5) Where under any Act an intergovernmental agree ment requires the approval or authorization of the Lieuten ant Governor in Council, the approval or authorization shall be given in accordance with this section, notwithstanding anything in that Act. '6.
The member of the Executive Council who immedi ately prior to the commencement of this Act holds office as, and is designated by the Lieutenant Governor as, the Minis ter of Federal and Intergovernmental Affairs becomes the Minister of Federal and Intergovernmental Affairs under this Aret without the necessity of a further designation by the Lieutenant Governor, the issue of a new commission or the swearing of another oath of office. 7. This Act comes into force on the day upon which it is assented to. 3
G. Transitional provision respecting the incumbent Minister. 3 Title: 1972 (17th, 1st) Bill 58, The Department of Federal and Intergovernmental Affairs Act