Bill 47 — Second Session, 22Nd Legislature, 39 Elizabedi Ii the Legislative Assembly of Alberta Bill 47 Alcohol and Drug Abuse Amendment Act, 1990 (Legislature 22, Session 2)

L22 S2 2722

Alberta — Bills

1990 BILL 47 Second Session, 22nd Legislature, 39 Elizabedi II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 47 ALCOHOL AND DRUG ABUSE AMENDMENT ACT, 1990 MR. NELSON Fkst Reading Second Reading Committee of the Whole Thkd Reading Royal Assent

Bill 47 Mr. Nelson BILL 47 1990 ALCOHOL AND DRUG ABUSE AMENDMENT ACT, 1990 (Assented to , 1990) HER MAJESTY, by and witii tiie advice and consent of die Legislative Assembly of Alberta, enacts as follows: 1 The Alcohol and Drug Abuse Act is amended by this Act. 2

Section 1 is amended by adding the following after clause (d): (d.l) "Crown" means die Crown in right of Alberta; 3 The following is added (rfter

section 2: 2.1(1) Notwitiistanding anydiing in tiiis Act, tiie Commission (

a) is, and is declared always to have been, an agent of the Crown, (

b) may exercise its powers and shaU perform its duties and functions only as an agent of the Crown, and (

c) shall, in the exercise and performance of its powers, duties and functions, comply with dkections given to it by the Minister.

(2) A member of the Commission shaU not conduct himself in a manner that results in the Commission's failing to comply widi subsection (1). 4

Section 4 is amended by adding the following after subsection (6):

Explanatory Notes 1 This Bill will amend

chapter A-38 of the Revised Stamtes of Alberta 1980. 2 Addition of definition. 3 Status and functions of Commission. 4 Inclusion of by-laws in minutes. Explanatory Notes

(7) The minutes of a meeting at which any amendment is made to the Commission's by-laws or new by-laws are made must set out or incorporate as an attachment die exact words of the resolution effecting the amendment or of the new by-laws. 5

Section 6 is amended (

a) in subsection (1) by striking out "an Executive Dkector" and substituting "a chief executive officer"; (

b) in subsection (2) by striking out "Executive Dkector is the chief executive officer of the Commission, and" and substituting "chief executive officer"; (

c) in subsection (3) by striking out "Executive Dkector" and substituting "chief executive officer". 6

Section 10(2) is amended by adding "for approval by tiie Govemment and" after "fiscal year". 7

Section 15 is amended by adding the following ctfter clause (d): (

e) establish a tariff of fees payable to the Commission for services, programs or materials provided by die Commission. 8

Section 16 is amended (

a) by renumbering it as

section 16(1); (

b) in subsection (1), (

i) by striking out "The Commission may" and substituting "The objects of the Commission are as follows:"; (ii) in clauses (a), (b), (

c) and (

d) by adding "to" as the first word of each clause; (iii) by repealing clause (e); (

c) by adding the following after subsection (1):

(2) The Commission's objects are declared to be public and governmental.

Section 6 presently reads: 6(1) The Lieuterumt Governor in Council, on the recommendation of the chairman, may appoint an Executive Director of the Commission and may fix his remuneration.

(2) The Executive Director is the chief executive officer of the Commission and an employee of the Commission, and is responsible for the management of the work of the Commission.

(3) The Executive Director may delegate to an employee of the Commission any power or duty conferred or imposed on him by the Commission. 6

Section 10(2) presently reads:

(2) The Commission shall prepare a budget for each fiscal year in a form approved by the Minister and shall present it to the Minister in the manner and at the time specified by the Minister. 7 Transposing of

section 16(

e) to

section 15(

e) verbatim. 8

Section 16 presently reads: 16 The Commission may (

a) operate programs for the prevention or treatment of alcohol and drug abuse; (

b) conduct studies and research into and investigate alcohol and drug abuse or matters relating to alcohol and drug abuse; (

c) provide financial and other assistance to persons conducting programs for the prevention or treatment of alcohol and drug abuse; (

d) provide financial arui other assistance to persons conducting studies and research into and investigating alcohol and drug abuse or matters relating to alcohol and drug abuse; (

e) establish a tariff of fees payable to the Commission for services, programs or materials provided by the Commission. Explanatory Notes

9 The following is added (rfter

section 16: 16.1(1) The Commission shall not (

a) pay any dividends or similar distributions to its members, or (

b) pay or otiierwise make available any part of its assets to or for the personal benefit of any of its members.

(2) Members are not entitied to participate, on the liquidation, dissolution, winding-up or termination of the Corporation and after the payment of its debts, in the distribution of its assets, but in such an event, aU its remaining assets belong to the Crown.

(3) Notiiing in this

section prohibits the payment of remuneration or expenses to members pursuant to

section 3. 10 The following is added after

section 17: 18 Notwitiistanding any other law or that the Commission acts in accordance with

section 2.1, an action, suit or other legal proceeding in respect of any right or obUgation acquked or incurred by die Commission on behalf of the Crown, whether in its name or in the name of die Crown, may be brought or taken by or against the Commission in the name of the Commission in any court that would have jurisdiction if the Commission were not an agent of tiie Crown.

9 Distributions and surpluses. 10 Suits by and against die Commission. Explanatory Notes Title: 1990 (22nd 2nd) Bill 47, Alcohol and Drug Abuse Amendment Act, 1990

Document details

Collection	Alberta — Bills
Citation	L22 S2 2722
Type	bill
Volume / chapter	L22 S2 2722
Language	en
Format	json
Source	PROVINCIAL
Identifier	c32f7e8f0d1c1771c2a5acb38626c964a5cd85fe

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