1997 BILL 34 First Session, 24th Legislature, 46 Elizabeth II THE LEGISLA TIVE A SSEMBLY OF A LBERTA B ILL 34 M ISC ELLA N EO U S STA TU TES A M EN D M EN T A C T, 1997 THE MINISTER OF JUSTICE A ND A TTORNEY GENERA L First Reading Second Reading Committee of the Whole Third Reading Royal A ssent

Bill 34 BILL 34 1997 M ISC ELLA N EO U S STA TU TES A M EN D M EN T A C T, 1997 (Assented to , 1997) HER MA JESTY by and with the advice and consent of the Legislative A ssembly of A lberta, enacts as follows: C em eteries A ct Amends RSA 1980 cC-2 1 The Cemeteries Act is am ended in

section 37.1 by striking out “on and after” and substituting “on or after”. C ertified G eneral A ccountants Ac t Amends SA 1987 cC-3.6 2 The Certified General Accountants Act is am ended in

section 3(1) by striking out “agrees” w herever it occurs and substituting “agréés”. C ivil Enforcem ent A ct Amends SA 1994 cC-10.5 3(1) The Civil Enforcement Act is am ended by this section.

(2) Section 1(1) is am ended (

a) by adding the follow ing after clause (k): (k.1) “deposit account” means a chequing, savings, demand or similar account at a bank, treasury branch, trust corporation, loan corporation, credit union or other deposit-taking financial institution in A lberta, but does not include an account or arrangement under which money is deposited for a fixed term whether or not the term may be abridged, extended or renewed; (

b) in clause (II) by striking out “a related writ search or” w herever it occurs. 1

(3) Section 35 is am ended (

a) by repealing subsection (1) and substituting the follow ing: Priority between writs and security interests 35(1) Except as otherwise provided in this D ivision, a security interest in personal property is subordinate to a writ that binds the property regardless of whether the security interest attached before or after the personal property became bound by registration of the writ in the Personal Property Registry unless (

a) the security interest is perfected or registered in the Personal Property Registry, or (

b) the secured party or a person acting on behalf of the secured party has possession of the personal property under

section 24 of the Personal Property Security Act. (

b) by repealing subsection (2) and substituting the following:

(2) Subject to

section 35(4) and (5) of the Personal Property Security Act, a security interest in personal property has priority over a writ that binds the property if at the time the writ is registered in the Personal Property Registry (

a) the security interest is perfected or registered in the Personal Property Registry, or (

b) the secured party or a person acting on behalf of the secured party has possession of the personal property under

section 24 of the Personal Property Security Act.

(4) Section 45(3) is am ended by adding “or under

section 57(1)” after “under subsection (1)”.

(5) Section 88 is am ended (

a) in clause (f)(ii) by striking out “source of livelihood” and substituting “occupation”; (

b) in clause (

h) by striking out “primary income is not earned from farming operations” and substituting “primary occupation is not farming”; (

c) in clause (

i) by striking out "primary income is earned from farming operations” and substituting “primary occupation is farming”. 2

C om m issioners for O aths A ct Amends RSA 1980 cC-19 4 The Commissioners for Oaths Act is am ended in

section 12(1) by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the follow ing after clause (b): (

c) hold out or represent the person to be a commissioner for oaths, D ependent A dults A m endm ent A ct, 1996 Amends SA 1996 c13 5 The Dependent Adults Amendment Act, 1996 is am ended in

section 23 in the new

section 39.1(1) by adding “on review” before “of a trusteeship order”. Environm ental Protection and Enhancem ent A ct Amends SA 1992 cE-13.3 6

(1) The Environmental Protection and Enhancement Act is am ended by this section.

(2) Section 124 is am ended by adding the follow ing after subsection (2):

(3) Where a reclamation certificate is cancelled under this section, then for the purposes of this

Part it is considered never to have been issued.

(3) Section 125(2) is repealed.

(4) The follow ing is added after

section 171: Waste on water or ice 171.1 No person shall dispose of waste on, into or under water or ice except in accordance with an approval or registration or as otherwise provided for under this A ct.

(5) Section 200(1) is am ended by striking out “172” and substituting “171.1”. (6 )

Section 201 is am ended (

a) in subsection (1) by striking out “172” and substituting “171.1”; (

b) in subsection (2) by striking out “172” and substituting “171.1”. 3

(7) Section 213(

j) is am ended by adding “171.1,” after “171,”.

(8) Section 214(3) is am ended by adding “, 171.1” after “171”. Fatality Inquiries A ct Amends RSA 1980 cF-6 7(1) The Fatality Inquiries Act is am ended by this section.

(2) Section 9(1) is am ended by striking out “or a municipal police service is,” and substituting “or a municipal police service or peace officer responsible for the policing of any part of A lberta pursuant to an arrangement or agreement with the Minister under

section 5(1)(

b) of the Police Act is,”. Financial A dm inistration A ct Amends RSA 1980 cF-9 8(1) The Financial Administration Act is am ended by this section.

(2) Section 1(1)(

n) is am ended by striking out “a new town,”.

(3) Section 2(5) is am ended by adding the follow ing after clause (b): (b.1) the interim governing authority of a public college under the Colleges Act, G am ing and Liquor A ct Amends SA 1996 cG-0.5 9(1) The Gaming and Liquor Act is am ended by this section.

(2) Section 51 is am ended by adding “or a duty free store licence” after “a special event licence”.

(3) Section 59 is am ended by adding the follow ing after subsection (4):

(4.1) No liquor supplier may sell liquor unless the liquor supplier is registered for that purpose.

(4) Section 89(1)(

d) is am ended by adding “or registration” after “cancel or suspend the licence”. 4

G overnm ent O rganization A ct Amends SA 1994 cG-8.5 10 The Government Organization Act is am ended in

section 2(1) of

Schedule 3 by striking out “real or” and by striking out “by gift or bequest”. H ealth Foundations A ct Amends SA 1996 cH-4.5 11(1) The Health Foundations Act is am ended by this section.

(2) In the follow ing provisions “Provincial Mental Health Board” is struck out w herever it occurs and “Provincial Mental Health A dvisory Board” is substituted:

section 2(1)(b);

section 3(b)(ii);

section 6(2) and (3). Insurance A ct Amends RSA 1980 cl-5 12(1) The Insurance Act is am ended by this section.

(2) Section 545 is am ended by striking out the portion after clause (

b) and substituting the follow ing: unless the capital of the proposed continuing insurer after the transfer, reinsurance or purchase will be in an amount that is approved by the Minister. Amends SA 1996 c19

(3) The Financial Institutions Statutes Amendment Act, 1996 is am ended by repealing

section 1(92).

Interpretation A ct Amends RSA 1980 cl-7 13(1) The

Interpretation Act is am ended by this section.

(2) The follow ing is added after

section 24: Replacement of Government documents 24.1(1) In this section, “document” means letters patent, commissions and other documents issued under the Great Seal of the Province.

(2) Where a document has been lost, destroyed or damaged, a replacement for the document may be issued.

(3) The replacement for a document must 5

(

a) have the same form and contents as the document, (

b) show the original date of issue, and (

c) be endorsed with a notation on the reverse that it is a replacement for the document and must set out the date of issue of the replacement.

(4) The replacement for the document may be signed by (

a) the person who signed the document even though the person might not hold office on the date the replacement for the document is issued, or (

b) the person who holds office at present and is entitled under an enactment to sign the document.

(5) A replacement for a document stands in the place of the document and is to be treated in the same manner and has the same effect as the document.

(3) Section 25 is am ended by adding the follow ing after subsection (2):

(3) In a regulation, a reference to “the A ct” means the A ct or A cts under which the regulation is made. Jury A ct Amends SA 1982 cJ-2.1 14(1) The Jury Act is am ended by this section.

(2) Section 7(5) is repealed and the follow ing is substituted:

(5) A party to a proceeding may receive a copy of the list referred to in subsection (4) on payment of the fee prescribed by the regulations and subject to any direction of the Court respecting its use.

(3) Section 17(2) is repealed. Justice of the Peace A ct Amends RSA 1980 cJ-3 15 The Justice of the Peace Act is am ended in

section 7(1)(

d) by striking out “and the regulations” and substituting “, the regulations and the by-laws of municipalities”. 6

Land Titles A ct Amends RSA 1980 cL-5 16

(1) The Land Titles Act is am ended by this section.

(2) Section 113.1(2) is am ended by striking out “all”.

(3) Section 113.2 is am ended (

a) in subsection (1)(a)(iv) by striking out “amount secured under” and substituting “principal sum of’; (

b) in subsection (1)(a)(

v) by striking out “payments” and substituting “instalments, if any,”; (

c) by adding the follow ing after subsection (1)(a)(vii): (vii.1) a description of any deletions from, and any amendments or additions to, the terms of the standard form mortgage made by the mortgagee; (

d) in subsection (1)(

b) by adding “as varied by any deletions from, or amendments or additions to the terms of the standard form mortgage” after “Registrar”; (

e) in subsection (2) by adding “as varied by any deletions from, or amendments or additions to the terms of the standard form mortgage” after “section 113.1”. Legal Profession Ac t Amends SA 1990 cL-9.1 17(1) The Legal Profession Act is am ended by this section.

(2) Section 8(2) is repealed and the follow ing is substituted:

(2) A n honorary Bencher may participate in any meeting or proceeding of the Benchers but is not entitled to be notified of, to move or second any motion at or to vote at any meeting or other proceeding.

(3) Subject to

section 56(1.1), an honorary Bencher may not participate in any meeting or proceeding under

Part 3. (3)

Section 40(2) is am ended (

a) by striking out “Committee” w herever it occurs and substituting “Benchers”; (

b) by striking out “directs” and substituting “direct”. 7

(4) Section 56 (1.1) is repealed and the follow ing is substituted:

(1.1) Notwithstanding subsection (1)(b), the chairman of the Conduct Committee may appoint as a member of the Hearing Committee a member of the Society who is (

a) an honorary Bencher referred to in

section 8(1)(

b) who was a President of the Society in the 10 years immediately preceding the appointment of the Hearing Committee, or (

b) not a Bencher if that member was elected as a Bencher at least twice in the 10 years immediately preceding the appointment of the Hearing Committee. M ental H ealth A ct Amends SA 1988 cM-13.1 18(1) The Mental Health Act is am ended by this section.

(2) Section 1 is am ended by adding the follow ing after clause (k): (k.1) “Public Guardian” means the person appointed as the Public Guardian pursuant to

section 12 of the Dependent Adults Act;

(3) Section 28(1) is am ended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the follow ing after clause (b): (

c) in a case where the formal patient does not have a person referred to in this subsection, the Public Guardian. N otaries Public A ct Amends RSA 1980 cN-11 19 The Notaries Public Act is am ended in

section 8(1) by adding the follow ing after clause (a): (a.1) hold out or represent the person to be a notary public, Personal D irectives A ct Amends SA 1996 cP-4.03 20(1) The Personal Directives Act is am ended by this section.

(2) Section 33 is am ended 8

(

a) in clause (

c) by striking out “section 1(1)(l)” and substituting “section 1(l)”; (

b) by repealing clause (

f) and substituting the follow ing: (

f) describing the categories of persons to be contacted for the purposes of sections 19(2) and 24(2)(c); Personal Property Security A ct Amends SA 1988 cP-4.05 21 The Personal Property Security Act is am ended by repealing

section 35(6 ) and substituting the follow ing:

(6) Subsection 6.1 applies to the re-registration of a security interest the registration of which has lapsed as a result of a failure to renew the registration or has been discharged in error or without authorization.

(6.1) If the secured party re-registers a security interest within 30 days of the lapse or discharge of its registration, the lapse or discharge does not affect the priority status of the security interest in relation to a competing perfected security interest or registered writ of enforcement that, immediately prior to the lapse or discharge, had a subordinate priority position, except to the extent that the competing security interest secures advances made or contracted for after the lapse or discharge and prior to the re-registration.

Persons w ith D evelopm ental D isabilities Foundation A ct Amends SA 1996 cP-4.07 22(1) The Persons with Developmental Disabilities Foundation Act is am ended by this section.

(2) Section 1 is am ended (

a) in clause (

a) by striking out “Services to Persons with D isabilities Foundation” and substituting “Persons with D evelopmental D isabilities Foundation”; (

b) by repealing clause (c).

(3) Section 2(1) is repealed and the follow ing is substituted: Continuation of Foundation 2(1) The Services to Persons with D isabilities Foundation is continued as a corporation with the name “Persons with D evelopmental D isabilities Foundation”. 9

(4) Section 3(1) is am ended by adding “developmental” before “disabilities”.

(5) Section 4(

b) is am ended by adding “developmental” before “disabilities”. Pharm aceutical Profession Ac t Amends SA 1988 cP-7.1 23(1) The Pharmaceutical Profession Act is am ended by this section.

(2) Section 99 is am ended (

a) in subsection (1) by striking out “as though this A ct had not come into force”; (

b) by adding the follow ing after subsection (2):

(3) For the purposes of subsections (1) and (2), the rights, powers, privileges and duties of the Council and Registrar under the former A ct may be exercised and performed by the Council and Registrar under this A ct and any reference in the former A ct to the Council or Registrar is deemed to be a reference to the Council or Registrar under this A ct.

(3) This

section is deem ed to have com e into force on January 1, 1995. Police A ct Amends SA 1988 cP-12.01 24 The Police Act is am ended in

section 1(e)(iii) by striking out “county or”. Private Vocational Schools A ct Amends RSA 1980 cP-17 25(1) The Private Vocational Schools Act is am ended by this section.

(2) Section 17(1) is repealed and the follow ing is substituted: Order of Director 17(1) If the D irector has reason to believe that this A ct, the regulations, a licence or a student contract is not being complied with, he may in writing order a refund of fees for vocational training or order a licensee to take the measures specified in the order within the time specified in the order. 10

(3) Section 26 (

i) is am ended by striking out “fees for licences,”. (4) Subsection (3) com es into force on Proclam ation. Public H ealth A ct Amends SA 1984 cP-27.1 26

(1) The Public Health Act is am ended by this section.

(2) Section 33 is am ended (

a) in subsection (2) by adding “a registered nurse providing extended health services or a midwife” after “physician”; (

b) in subsection (3) by adding “a registered nurse providing extended health services, a midwife” after “community health nurse”.

(3) Section 49(1) is am ended by adding “, midwife” after “community health nurse” w herever it occurs. R ural Electrification Loan A ct Amends RSA 1980 cR-18 27 The Rural Electrification Loan Act is am ended in

section 22 by striking out “a writ proceedings” and substituting “writ proceedings”. R ural Electrification Long Term Financing A ct Amends RSA 1980 cR-17 28 The Rural Electrification Long Term Financing Act is am ended in

section 22 by striking out “a writ proceedings” and substituting “writ proceedings”. R ural U tilities A ct Amends RSA 1980 cR-21 29 The Rural Utilities Act is am ended in

section 41(4) by striking out “a writ proceedings” and substituting “writ proceedings”. 11

Sale of G oods Ac t Amends RSA 1980 cS-2 30 The Sale of Goods Act is am ended in

section 30(8) by striking out “of an incidental to” and substituting “of and incidental to”. Science and R esearch A uthority A ct Amends SA 1995 cS-5.5 31 The Science and Research Authority Act is am ended in

section 2(1) by striking out “20 m em bers” and substituting “25 members”. Students Finance A ct Amends RSA 1980 cS-24 32 The Students Finance Act is am ended in

section 9(1)(

g) by striking out “a county” and substituting “a municipal district”. U niversities A ct Amends RSA 1980 cU-5 33 The Universities Act is am ended in

section 52 (

a) in subsection (4) by striking out “Health” and substituting “A griculture, Food and Rural D evelopment”; (

b) by repealing subsection (5) and substituting the following:

(5) The D irector of the A nimal Industry D ivision of the D epartment of A griculture, Food and Rural D evelopment or the D irector’s delegate shall at least once each year inspect the premises in which the animals are sheltered and all areas in which medical research is being carried out, and shall at the end of each year submit a report of the inspections to the Minister of A griculture, Food and Rural D evelopment, who shall lay the report before the Legislative A ssembly if it is sitting, or if it is not sitting, within 30 days after the commencement of the next sitting. Victim s of C rim e A ct Amends SA 1996 cV-3.3 34 The Victims of Crime Act is am ended in

section 14 by adding the follow ing after subsection (1): 12

(1.1) A n appeal must be submitted to the A ppeal Board not later than 30 days after the receipt of a notice of the determination of the D irector under

section 13 or 15.

(1.2) The A ppeal Board may, on application made before or after the expiry of the period referred to in subsection (1.1), extend that period where the A ppeal Board is of the opinion that there are sufficient grounds for doing so. R epeals Repeals various Acts 35 The follow ing A cts are repealed: (

a) An Act to Postpone the Commencement of Certain Other Acts (SA 1919 c23); (

b) Alberta Farmers Co-operative Elevator Company, Limited,

An Act to Incorporate (SA 1913(1) c13); (

c) Alberta Farmers’ Co-operative Elevator Company, Ltd.,

An Act to Provide for the Winding-up of the (SA 1918 c23); (

d) Alberta Liquor Control Board Superannuation Act (RSA 1942 c36); (

e) The Alberta Loan Act, 1968 (SA 1968 c3); (

f) The Alberta Loan Act, 1969 (SA 1969 c5); (

g) The Alberta Loan Act, 1970 (SA 1970 c8); (

h) The Alberta Loan Act, 1971 (SA 1971 c3); (

i) The Berry Creek School Division Act (SA 1937 c39); (

j) Calgary Exhibition and Stampede Limited,

An Act to Authorize and Permit the City of Calgary to enter into a certain lease with (SA 1961 c7); (

k) Calgary Power Ltd.,

An Act to Authorize and Permit The City of Calgary to Enter into a certain Agreement with (SA 1960 c11); (

l) The City of Calgary and Calgary Power Ltd. Agreement Authorization Act, 1972 (SA 1972 cl7); (

m) The Coal Miners Rehabilitation Act (SA 1954 c12); (

n) Education of Service Men’s Children Act (RSA 1980 cE-1); 13

(

o) The Estate Tax Rebate Act (RSA 1970 cl26); (

p) Father,

An Act respecting the Village of (SA 1924 c39); (

q) Highways in the City of Edrrwnton,

An Act to close and vest in His Majesty, in the right of the Province of Alberta, Certain (SA 1915 c23); (

r) The Hospital Debt Retirement Act (SA 1980 c24); (

s) Innisfree,

An Act respecting the Village of (SA 1946 c13); (

t) The Mewata Park Enabling Act (SA 1956 c31); (

u) The Mineral Springs Hospital (Sisters of St. Martha) of Ban.ff, Act (SA 1962 c108); (

v) The Municipal Hospital Districts of Cardston and Myrnam Confirmation Act (SA 1936 c52); (

w) The Order in Council 1084-57 Validation Act (SA 1958 c55); (

x) Provost,

An Act respecting the Village of (SA 1924 c40); (

y) Secondary Highways,

An Act to Validate and Confirm Certain Agreements made between the Minister of Public Works and Certain Municipal Districts with respect to (SA 1933 c46); (

z) Smoky Lake Gas Utility Act, The Town of (SA 1964 c85); (aa) The Temporary Restriction on Alienation of Mines and Minerals Act (SA 1955(1) c67); (bb) The United Community Fund of Greater Edrrwnton Donation Act (SA 1961 c83); (cc) The United Fund of Calgary and District Act (SA 1964 clOO). 14 Title: 1997 (24th, 1st) Bill 34, Miscellaneous Statutes Amendment Act, 1997