Bill 57 — Third Session, 26Th Legislature, 56 Elizabeth Ii the Legislative Assembly of Alberta Bill 57 Miscellaneous Statutes Amendment Act, 2007 (No. 2) (Legislature 26, Session 3)

L26 S3 637

Alberta — Bills

2007 Bill 57 Third Session, 26th Legislature, 56 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 57 MISCELLANEOUS STATUTES AMENDMENT ACT, 2007 (NO. 2) THE MINISTER OF JUSTICE AND ATTORNEY GENERAL First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Bill 57 BILL 57 2007 MISCELLANEOUS STATUTES AMENDMENT ACT, 2007 (NO. 2) ( A s s e n t e d t o , 2 0 0 7 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Family Support for Children with Disabilities Act Amends SA 2003 cF-5.3 1 The Family Support for Children with Disabilities Act is amended in

section 1 (

a) in clause (e)(

i) by striking out “Part 7 of the Domestic Relations Act” and substituting “Part 2 of the Family Law Act”; (

b) in clause (e)(ii) by striking out “Child Welfare Act” and substituting “Child, Youth and Family Enhancement Act”. 1

Explanatory Notes Family Support for Children with Disabilities Act 1 Amends

chapter F-5.3 of the Statutes of Alberta,

Section 1(

e) presently reads: 1 In this Act, (e) “guardian” means (

i) a person who is or is appointed a guardian of the child under

Part 7 of the Domestic Relations Act, or (ii) a person who is a guardian of the child under an agreement or order made pursuant to the Child Welfare Act; 1 Explanatory Notes

Legal Profession Act Amends RSA 2000 cL-8 2(1) The Legal Profession Act is amended by this section.

(2) Section 27(4) is repealed and the following is substituted:

(4) At least 10 days before an annual general meeting the Executive Director shall send a notice of the meeting and a statement of the financial position of the Society during the previous fiscal year to each active member of the Society.

(3) Section 28(2) is repealed and the following is substituted:

(2) At least 10 days before a special meeting the Executive Director shall send a notice of the meeting to each active member of the Society.

(4) Section 122(7) is repealed and the following is substituted:

(7) When investing funds that are not immediately required by the Foundation, the Foundation must adhere to prudent investment standards in making investment decisions and in managing the Foundation’s total investments.

(7.1) For the purpose of this section, prudent investment standards are those that, in the overall context of an investment portfolio, a reasonable and prudent person would apply to investments made on behalf of another person with whom there exists a fiduciary relationship to make such investments, without undue risk of loss and with a reasonable expectation of fair return or appreciation.

(7.2) The board must establish policies and procedures to ensure that the Foundation applies prudent investment standards in making investment decisions and in managing the Foundation’s total investments.

(7.3) The board must review the procedures established under subsection (7.2) at least once each year. 2

Legal Profession Act 2(1) Amends

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

(2) Section 27(4) presently reads:

(4) At least 10 days before an annual general meeting the Executive Director shall have a notice of the meeting and a statement of the financial position of the Society during the previous fiscal year mailed to each active member of the Society.

(3) Section 28(2) presently reads:

(2) At least 10 days before a special meeting the Executive Director shall have a notice of the meeting mailed to each active member of the Society.

(4) Section 122(7) presently reads:

(7) Any money that is not immediately required for the purposes of the Foundation may be invested in the name of the Foundation by the directors in securities of the kind, but not limited to the proportions, in which insurance companies incorporated in Alberta were permitted to invest under

section 94 of the Insurance Act as it read on March 1, 1996. 2 Explanatory Notes

Provincial Court Act Amends RSA 2000 cP-31 3(1) The Provincial Court Act is amended by this section.

(2) Section 9.24(8) is amended (

a) in clause (

a) by striking out “date of retirement” and substituting “date the request is made”; (

b) in clause (

b) by striking out “the term commences on the date the judge attains the age of 70 years and expires one year from that date” and substituting “the term is one year commencing on the judge’s 70th birthday”; (

c) in clause (b.1) by repealing subclause (

i) and substituting the following: (

i) unless subclause (ii) applies, the term is one year commencing on the judge’s birthday following the date the request is made; (

d) in clause (

c) by striking out “the term commences on the date of the expiry of the previous appointment and expires one year from that date” and substituting “the term is one year commencing on the expiry of the previous appointment”. Provincial Offences Procedure Act Amends RSA 2000 cP-34 4(1) The Provincial Offences Procedure Act is amended by this section. 3

Provincial Court Act 3(1) Amends

chapter P-31 of the Revised Statutes of Alberta 2000.

(2) Section 9.24(8) presently reads:

(8) The term for which a part-time judge is appointed or reappointed under this

section is as follows: (

a) if the request for appointment is made under subsection (2), the term commences on the judge’s birthday following the date of retirement and expires on the commencement of the judge’s 70th birthday; (

b) if the request for appointment is made under subsection (3), the term commences on the date the judge attains the age of 70 years and expires one year from that date; (b.1) if the request for appointment is made under subsection (3.1), (

i) unless subclause (ii) applie s, the term commences on the judge’s birthday following the date of retirement and expires one year from that date, or (ii) where the appointment is made after the judge’s birthday but on or before the mid-point of the term of the judge’s current appointment under

section 9.23, the term commences on the 183rd day after the judge’s birthday and expires on the commencement of the judge’s next birthday; (

c) if the request for reappointment is made under subsection (4), the term commences on the date of the expiry of the previous appointment and expires one year from that date. Provincial Offences Procedure Act 4(1) Amends

chapter P-34 of the Revised Statutes of Alberta 2000. 3 Explanatory Notes

(2) Section 31(5) is amended by adding “or as shown in the records of an official of a jurisdiction other than Alberta who is a registrar of motor vehicles or performs a function for that jurisdiction similar to the function that the Registrar performs for Alberta” after “under the Traffic Safety Act”.

(3) Section 34(4) is repealed and the following is substituted:

(4) If

section 31(5)(

a) or (

b) applies, the notice referred to in subsection (3) may be sent by ordinary mail to the defendant’s address to which the offence notice referred to in

section 31(5) was sent.

(4) Section 37(3) is repealed and the following is substituted:

(3) If

section 31(5)(

a) or (

b) applies, the notice referred to in subsection (2) may be sent by ordinary mail to the defendant’s address to which the offence notice referred to in

section 31(5) was sent. School Act Amends RSA 2000 cS-3 5(1) The School Act is amended by this section.

(2) Section 1(2) is amended (

a) in clause (a)(ii) by striking out “Part 5 of the Child Welfare Act,”; (

b) in clause (

c) by striking out “the Child Welfare Act” and substituting “the Child, Youth and Family Enhancement Act”. 4

(2) Section 31(5) presently reads:

(5) Notwithstanding subsection (4), if (

a) the defendant has been charged under

section 160 of the Traffic Safety Act, or (

b) the offence notice relates to an alleged parking violation, the offence notice may be served by sending it by ordinary mail to the defendant’s address as shown on the records of the Registrar of Motor Vehicle Services under the Traffic Safety Act.

(3) Section 34(4) presently reads:

(4) If

section 31(5)(

a) or (

b) applies, the notice referred to in subsection (3) may be sent by ordinary mail to the defendant’s address as shown on the records of the Registrar, as defined in the Traffic Safety Act.

(4) Section 37(3) presently reads:

(3) If

section 31(5)(

a) or (

b) applies, the notice referred to in subsection (2) may be sent by ordinary mail to the defendant’s address as shown on the records of the Registrar, as defined in the Traffic Safety Act. School Act 5(1) Amends

chapter S-3 of the Revised Statutes of Alberta 2000.

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

(2) For the purposes of subsection (1)(q), the parent is (

a) subject to subsection (3), (

i) the guardian as set out in

section 20 of the Family Law Act, or (ii) the guardian appointed under

Part 5 of the Child Welfare Act,

Part 1, Division 5 of the Child, Youth and Family Enhancement Act or

section 23 of the Family Law Act if 4 Explanatory Notes

(3) Section 143(2) is amended by striking out “section 132” and substituting “section 142”. 5

the guardian notifies the board in writing of the guardian’s appointment, (

c) notwithstanding clauses (

a) and (b), the guardian of a student appointed under a temporary or permanent guardianship order or a permanent guardianship agreement under the Child Welfare Act if the guardian notifies the board in writing of the guardian’s appointment, or

(3) Section 143(2) presently reads:

(2) The appeal shall be commenced not more than 30 days after the date on which the order is filed under

section 132 (

a) by filing a notice of appeal with the Registrar of the Court at Edmonton or Calgary, and (

b) by serving a copy of the notice of appeal (

i) on the relevant board if the appellant is a teacher, (ii) on the relevant teacher if the appellant is a board, and (iii) on the Board of Reference. 5 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: 2007 (26th, 3rd) Bill 57, Miscellaneous Statutes Amendment Act, 2007 (No. 2)

Document details

Collection	Alberta — Bills
Citation	L26 S3 637
Type	bill
Volume / chapter	L26 S3 637
Language	en
Format	json
Source	PROVINCIAL
Identifier	9e1bf83d3bf066f5254ac4df281dcccbe9aa8457

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