Bill 76 (Legislature 17, Session 2)

L17 S2 5210

Alberta — Bills

1973 Bill 76 Second Session, 17th Legislature, 22 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 76 The Health and Social Develo,pment Statutes Amendment Act, 1973 (No.2) THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Second Reading .. Third Reading Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 76 BILL 76 1973 THE HEALTH AND S'O'CIAL DEVEUOIPM,ENT STATUTES AMENDMENT ACT, 1973 (NO.2) (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly 'Of Alberta, enacts as follows: The Hospital Services Commission Act 1.

(1) The Hospital Services Commission Act is amended by this section.

(2) SecUon 6 is amended. (

a) as to subsection (1) by striking out the words "at least once a month" and by sUbstituting the words "at least 'ben times a year", (

b) as to)subsecUon (2) by striking out the words "F'Our members" and by sUbstituting the words "Six members". The Maintenance and Recovery Act 2.

(1) The Maintenance and Recovery Act is amended by this se.ction.

(2) The title of the Act is amended by st,riking out the word llMAINTAINANC'E" and by substituting the word ('MAINTENANCE".

(3) Section 12 is struck out and the following is substi tuted: 12.

(1) A complaint shall be made before (

a) a judge, or (

b) a clerk of the 'court, or (

c) a member of the staff of the clerk of the c'Ourt designated by the clerk of the court, 'Or (

d) a provincial judge, and shall be in writing and under oath.

l. (1). This

section will amend

chapter 45 of the Statutes of Alberta, 1971. (2).

Section 6, subsections (1) and (2) presently read: 6.

(1) The Commission shalJ hold meetings at least once a month.

(2) Four members of the Commission constitute a qu.orum at a meeting of the Commission. 2. (1). This

section will amend

chapter 223 of the Revised Statutes of Alberta 1970. (2). Corrects a spelling error in the Revised Statutes of Alberta 1970. (3).

Section 12 presently reads: 12.

(1) A complaint shaM be made bef.ore a judge or bef.ore any magis trate ,or bef.ore a clerk of the court a.nd shall be lin writing and under oath.

(2) Where a complaint is made bef.ore a magistrate, he shall forthwith transmit it to a judge with an end.orseme:1t the'reon t.o the effect that it is transmitted pursuant t.o this Part and the judge shall act upon the complaint in the same manner as if dt had been made before him. The amendment is made because, prior to January 1, 1972, com plaints under

section 12 were taken before members of the staff of a clerk of the district court rather than before the clerk or deputy clerk of the court. The complaints had been proceeded with on the basis that members of the staff of the clerk of the court had been given a letter of designation from the clerk pur suant to rule 714 (2) of the Alberta Rules of Court.

(2) A complaint made before a designated member of the staff of a clerk of the court prior to January 1, 1972 shall for all purposes be deemed to have been made in accordance with this scct:.') ~ [nd as though this

section were in force at the time the cvmplain~ was made.

(3) Where a complaint is made before a provincial judge, he shall forthwith transmit it to a judge of the district court with an endo~'sement thereon to the effect that it is trans mitted pursuant to this Part and the judge of the district court shall thereupon act upon it in the same manner as if it had been made before him.

(4) Section, 16, s~ubsectiol1 (1) is amended by adding the word "or" at the end of clause (

b) and by adding the fol lowing clause after clause (b): (

c) upon whom a summons has been served pursuant to an order for service ex juris and who has sub mitted himself to the jurisdiction of the court,

(5) Section 19 is amended by striking out subsection ( 4) and by su.bstit.uting the following:

(4) Any testimony given by the complainant or a putative father in proceedings under this Part and which tends to show that the person giving the testimony had sexual inter course with anyone is not admissible in evidence against the person giving the testimony in any ma~rimonial cause to which that person is a party.

(6) Section 21, subsection (1), clause (

c) is amended by striking out the word8 "the amount necessarily ex pended upon" and by SUbstituting the wards "a reasonable sum to provide for".

(7) Sectiovn 26 is struck out alul the following is substi tuted: 26.

(1) An order or agreement may be registered in any land titles office and the registration, so long as the order or agreement remains in force, (

a) binds the estate and interest of every description that the person required to make a payment there under has in any lands in the land registration district where the registration is made, and (

b) operates thereon in the same manner and with the same effect as a registration of a charge by the person required to make a payment thereunder of a life annuity on his lands.

(2) An order or agreement shall not be registered under subsection (1) if the person required to make a payment thereunder 2

(4).

Section 16, subsection (1) presently reads: 16.

(1) Where a putative father (

a) upon whom a summons has been served, or (

b) who has given his recognizance to appear, fails to appea,r at a hearing of the complaint, the judge, upon the application 'of the person who made the complaint and after hearing the eVtidence adduced bef,ore him, may make any order that he could have made had the putative fathe,r appeared at the heaTing. (5).

Section 19 (4) presently reads:

(4) Any testimony given by a putative, father when called as a wit ness by the complainant in pro,ceedings under this Part and which tends to show that he had sexual intercourse with any person is not admissible in evidence against him in any matrimonial cause to which he is a party. The subsection is rewritten to give the complainant mother the same protection as to her evidence as the putative father presently has with regard to his evidence. (6).

Section 21 (1) (

c) presently reads: 21.

(1) An order or agreement may provide for the payment of the following expenses: (

c) the amount necessarily expended upon the care and maintenance of the child or the value of the ne,cessaries supp.lied t,o the child, as the case may be. befo,re the date of the order or agreement; (7).

Section 26 originally consisted of six subsections, five of which were repealed in 1971, leaving only subsection (5) in force. The present subsection (5) is re-enacted without change as sub section (1). Subsections (2), (3) and (4) are new.

(

a) is not in default under the order or agreement, or (

b) in the ease of an order, has deposited with the court security of a kind and in an amount satisfactory to a judge for the makling of any payments under the order in the event of the default of that person thereunder.

(3) The Registrar of Titles shall cancel the registration of any order or agreement registered under subsection (1) upon the presentation to him of a certificate issued by the Director stating either (

a) that the person required to make a payment there under lis not in default under the order or agree ment, or (

b) in the case of a registered order, (

i) that the order has terminated or has been re voked by a further order of the court, or (ii) that there has been deposited with the court security of a kind and in an amount satisfac tory to a judge for the making of any pay ments under the order in the event of the default of paym'ent thereunder, or (

c) in the case of a registered agreement, that the agree ment has terminated or has been discharged.

(4) Where the Director, upQn application to him, refuses to issue a certificate under subsection (3), the applicant may apply to the court by way 'of originating notice of motion for an order directing the Registrar of Titles to cancel the registration of the order or the agreement.

(5) An order under subsection (4) may be made only where the C'ourt is of the opini.on that grounds exist upon which the Director could have issued a certificate pursuant to subsection (3).

(8) Section 55 is amended by striking out subsection (1) and by substit.uting the foillowing subsection: 55.

(1) A person who applies for or is receiving a social allowance under The Social Deve,lopment Act may enter into an agreement with the Director to repay the Province the total value or any portion thereof of the social allow ance provided for that person and that perS'on's dependants. 3

(8).

Section 55, subsection (1) presently reads: 55.

(1) A person who applies for or is re'ceiving a social allowance under The Social Development Act may be required by the Minister to give an undertaking in the form of an agreement with the Director to repay to the Province the total value of the social allowance provided for himself and his dependants. 3

The Pharmaceutical Association Act 3.

(1) The Pharmaceutical Association Act is amended by this section.

(2) Section 2, clause (

c) is amended by adding the word "or" at the end of subclause (iii) and by adding the follow ing subclause: (iv) in the Narcotic Control Act (Canada) or the regulaHons thereunder;

(3) Section 5, subsection (8) is amended by adding after the words "unless he is a" the words "Canadian citizen and a". (-'+)

Section 21, subsection (1) is amended by adding the following clause after clause (a): (al) fix the fee to be paid for a pharmacy licence,

(5) Section 22, subsectiorn (1) is amended by striking out clause (

b) and by substituting the following: (

b) an offence under

an Act of the Parliament of Canada or of the Legislature of Alberta relating to the sale, compounding, dispensing, supplying or dis~ tributing of prescriptions, drugs, chemicals or poisons, or

(6) Section 25, subsection (-'+) is amended by striking out clause (

b) and by substituting the following: (

b) further order that, in default of the payment of any sum ordered to be paid under clause (a), or of any costs ordered to be paid pursuant to

section 27, subsection (1), the member be suspended from practising until the payment has been made.

(7) Section 26 is amended by striking out subsection (5). 4

3. (1). This

section will amend

chapter 274 of the Revised Statutes of Alberta 1970. (2).

Section 2 (

c) presently reads: 2. In this Act, (c) "drug" means' any substance, whether or not produced in whole or in part by 'synthetic process, and producE>d eJither alone or in conjunction with anOother substance, the definition and composi tiOon of which is found (

i) in the Britlish Pharmacopoeia or other Pharmacopoeia ap proved by the Minister of National Health and Welfare, or (ii) in the Canadian Formulary or other Formulary approved and accepted by the Minister of National Health and Welfare, or (idi) in the Fo·od and Drug Act (Canada) or the regulations there unde,r; (3).

Section 5 (8) presently reads:

(8) No person is eligible to be elected a councilor unless he is a phar maceutical chemist actively engaged in p~actice as a pharmaceutical chemist in the district of the Province in which he seeks election. (4).

Section 21 (1) enumerates the subject matters of by-laws that may be passed by the council of the Association. The new clause (al) is added as a consequence of the amendment in this Bill to

section 43 (2). (5).

Section 22 (1) (

b) presently reads: 22.

(1) The council may, of its own motion, and may on the applica tion o-f any p·erson, inquire into and determine any matter of complaint against any member of the Association where it is in substance alleged or the council has reasonable grounds for believing, that the member has been guilty of (

b) an offence or crime against

an Act of the Parl.iament of Canada or of the Legislature of Alberta re'lating to the sale of narcotic drugs, podsons or alcoho-lic liquors, or (6).

Section 25 (4) presently reads:

(4) In addition to or in lieu of an order or reprimand, the council may (

a) order that the memher pay a su:m o-f not less than fifty nor more than two hundred doHaTS to the funds of the Association within a time to be fixed by the order, and (

b) further order that in default of payment of any such sum so ordered to be padd within the time fixed for payment thereof, the member be suspended from practising unt.il the sum has been paid.

Section 27 (1) empowers the council to order a member whose conduct was the subject of disciplinary proceedings to pay the costs of the proceedings to the Association. (7).

Section 26 (5) presently reads:

(5) The judge shall make no award as to costs of the appeal. The repeal of subsection (5,) will enable the court to award costs on a disciplinary appeal before it. 4

(8) Section 28, subsection (1) is amended by adding afte,r the words "Food and Drugs Act (Canada) or under the Narcotic Control Act, (Canada)" the words "or under the regulations made pursuant to any of those Acts."

(9) Section 43, subsection (2) is amended by striking out the words "licence fee not exceeding twenty-five dollars" and by subst,ituting the words "licence fee fixed by the by laws".

(10) Section 46 is amended by adding the, following sub

section after subsection (2):

(3) A person who (

a) is registered under this Act, (

b) is employed by the owner or operator of a drug store as a pharmaceutkal chemist, and (

c) ceas'es to be so employed by that owner or operator, shall within five days after the cessation of his employment notify the registrar of the Association in writing of such cessation. The Provincial General Hospitals Act 4.

(1) The Provincial General Hospitals Act is amended by this section.

(2) Sect,iotn 2, clauses (

a) and (

b) are, amended by adding the words "by or" before the words "pursuant to this Act" whf!rever they occur.

(3) Section 3 is amended by striking out subsection (1) and by substituting the fOllowing: 3.

(1) The follow'ing Provincial General Hospitals are hereby established: (

a) the "Foothills Provincial General Hospital", in Calgary; (

b) the "Glenrose Provincial General Hospital", in Edmonton; (

c) the "Alberta Children's Provincial General Hos pital", in Calgary.

(1.1) The Lieutenant Governor in Council may by order establish one or more additional Provincial General Hospi tals.

(1.2) An order under subsection (1.1) shall designate the name of the hospital ,as the "(ident.ifying name) Provincial General H'ospital". 5

(8).

Section 28 (1) presently reads: 28.

(1) Any record required to' be kept under this Act, under the Food and Drugs Act (Canada) or under the Na.rcoHc Control Act (Canada) shall be open to inspection by the registrar or by any inspector appoint ed under a by-law passed by the council. The amendment is made to ensure that

section 28 (1) extends to the inspection of records required to be maintained pursuant to the regulations under the Acts mentioned. (9). The effect of the amendment is to remove the ceiling on the amount of a pharmacy licence fee that may be prescribed by the council of the Association. (10). Self-explanatory.

Section 46 (1) and (2) deal with other requirements for notice to the registrar of the Association. 4. (1). This

section will amend

chapter 286 of the Revised Statutes of Alberta 1970. (2). The

definitions of "board" and "hospital" are amended as a consequence of the amendment to

section 3 of the Act in this Bill. (3).

Section 3 (1) presently reads: 3.

(1) The Lieutenant Governor in Council may, by order in council, establish a PrO'vincial General Hospital in Calgary and a Provincial General Hospital in Edmonton. The three existing provincial general hospitals which were es tablished by order in council will now be established by the Act itself. The Lieutenant Governor in Council may still establish additional hospitals. 5

(4) Section .It is strllck out and the following is substi tuted there,for: 4. The persons who are from time to time the members of the board of management of a hospital are a body cor pOl'ate under the nam'e given to the hospital by

section 3, subsection (1) or by the order in council establishing the hospital, as the case may be.

(5) Section 6 is struck out.

(6) Section 7 is amended by st,riking out subsection (1) and by substituting the following: 7.

(1) For 'each hospital there shall be a board of man agement consisting of not more than nine members who shall be appointed by the Minister.

(1.1) Where the Minister appoints a member under sub S'ection (1), he shall prescribe the term of office of that member.

(1.2) Notwithstanding subsection (1), where a hospital is affiliated with the faculty of medicine of a university under The Univers1:ties Act, the Minister may by order direct that, in addition to the members appointed under subsection (1), the following persons are also members of the board: (

a) the president of that university, or, in his absence, a vice-president of the university designated by the president, and (

b) the dean of the faculty of medicine of that univer sity, or, in his absence, an assistant dean of that faculty designated by the dean.

(7) Section 8 is struck out and the following is substi tuted therefor: 8. The Minister shall appoint one of the members of the board as its chairman and shall prescribe his term of office as chairman.

(8) It is hereby declared that Order in Council numbered O.C. 756/6.9 did not operate to rescind Order in Council nU1nbered O.C. 1141/59 O'r to disestablish the Foothills Provincial General Hospital. Commencement 5. This Act comes into force on the day upon which it is assented to. 6

(4).

Section 4 presently reads: 4. The persons named in the order in council establishing a Provin cial General Hospital as the members of the board of management thereof and the pers'ons named from time to time as members of the board are hereby constituted a body corporate. The

section is recast as a consequence of the amendment to sec tion 3. (5).

Section 6 is repealed as its content is included in

section 3 (1.2) and 4, as enacted by this Bill.

Section 6 presently reads: 6. The order in council establishing a Provinclial General Hospital shall designate the style and title of the corporation as the (identify ing name) Provincial General Hospital. (6).

Section 7 (1) presently reads: 7.

(1) A board shall conslist of not more than nine members, who shall hold office during the pleasure of the Minister. (7).

Section 8 presently reads: 8. The chairman of a board shall be appointed by the Minister from among the members of the board. 6 Title: 1973 (17th, 2nd) Bill 76, The Health and Social Development Statutes Amendment Act, 1973 (No. 2)

Document details

Collection	Alberta — Bills
Citation	L17 S2 5210
Type	bill
Volume / chapter	L17 S2 5210
Language	en
Format	json
Source	PROVINCIAL
Identifier	c55c73abb0996e43dc9dbb347b3e6f74be031540

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