Bill 68 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 68 the Statutes Amendment Act, 1972 the Attorney General (Legislature 17, Session 1)

L17 S1 5049

Alberta — Bills

1972 Bill 68 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 68 The Statutes Amendment Act, 1972 THE ATTORNEY GENERAL First Reading. .............. . Second Reading .......... . Third Reading .......... . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 68 1972 THE STATUTES AMENDMENT ACT, 1972 (Assented to , 1972) HER MAJESTY, by and with the adv.ice and consent of the Legislative Assemhly of Alberta, enacts as follows: 1. The Alcoholism and Drug Abuse Act is amended as to

section 4, subsection (6) by adding after the word "Minister" the words "of Health and Social Development". 2. The Change of Name Act is amended as to

section 17 by striking out the figure "16" and by substituting therefoT the figure "14". 3. The Commissioners for Oaths Act is amended as to

section 8 by striking out the words "Act outside Alberta" and by substituting therefor the words "outside Alberta". 4. The Conditional Sales Act is amended as to

section 19, subsection (5), clause (b), subclause (ii) by striking out the words "subsection (4)" and by substituting therefor the words "subsection (5)" . .5. The Department of Health and Social Development A ct is amended (

a) as to

SCHEDULE A b]j adding thereto the follow ing: "The Public Trustee Act,

section 2, clause (e), subclause (ii), paragraph (C). The Radiation Protection Act,

section 2, clause (

b) and

section 3, subsection (2). The Sexual Sterilization Act,

section 2, clauses (

c) and (e). The Treatment Services Act,

section 2, clause (a). The Tuberculosis Act,

section 2, clauses (

a) and (c). The Universities Act,

section 50, subsections (4) and (5). The Venereal Diseases Prevention Act,

section 2, clauses (

c) and (g). The Vital Statistics Act,

section 25, subsection (1).",

Explanatory Notes l. The Alcoholism and Drug Abuse Act, being

chapter 16 of the Revised Statutes of Alberta 1970 is amended to designate to which Minister reference is made.

Section 4 (6) reads:

(6) A copy of the minutes of each meeting- of the Commission shall be furnished to the Minister. 2. The Change of Name Act, being

chapter 41 of the Revised Statutes of Alberta 1970 is amended to correct a cross-reference. 3. The Commissioners for Oaths Act, being

chapter 58 of the Revised Statutes of Alberta 1970 is amended to correct a typo graphical error. 4. The Conditional Sales Act, being

chapter 61 of the Revised Statutes of Alberta 1970 is amended to correct a cross-reference. 5. The Department -of Health and Social Development Act, being

chapter 25 of the Statutes of Alberta, 1971 is amended to correct a printing error.

(

b) as to

SCHEDULE B by striking out the following: "The Public Trustee Act,

section 2, clause (e), sub clause (ii), paragraph (C). The Radiation Protection Act,

section 2, clause (

b) and

section 3, subsection (2). The Sexual Sterilization Act,

section 2, clauses (

c) and (e). The Treatment Services Act,

section 2, clause (a). The Tuberculosis Act,

section 2, clauses (

a) and (c). The Universities Act,

section 50, subsections (4) and (5). The Venereal Diseases Prevention Act,

section 2, clauses (

c) and (g). The Vital Statistics Act.

section 25, subsection (1)." 6. The Domestic Relations Act is amended as to

section 31, subsection (1) by striking out the words "Part XIII" and by substitut,ing therefor the words "Part XXIII". 7. The Electoral Boundaries Commission Act is amended as to

section 18 by striking out the figures "17 or 18" and by substituting therefor the figures "16 or 17". 2 8. The Highway Traffic Act is amended (

a) as to

section 204, subsection (5) by strriking out the figure "225" and by SUbstituting therefor the fig ure "238", (

b) as to

section 206, (

i) by striking out the figure "222" and by substi tuting therefor the figure "234", (ii) by striking out the figure "224" and by sub stituting therefor the figure "236" wherever it appears in subseci i01"o3 (1) to (6), and (iii) by striking out the figure "222" where it ap pears for the second time in subsection (7) and by substituting therefor the figure "234", (

c) as to

section 208, (

i) in subsection (1) by striking out the figure "221" and by SUbstituting therefor the figure "233", and (ii) in subsection (2) by striking out the figures "192, 193 or 207" and by substituting therefor the ligures "203, 204 or 219",

6. The Domestic Relations Act, being ,chapter 113 of the Rlevised Statutes of Alberta 1970 is amended to correct a typographical error in a reference to the Criminal Code. 7. The Electoral Boundaries Commission Act, being

chapter 118 of the Revised Statutes of Alberta 1970 is amended to correct an internal cross-reference. 8. The Highway Traffic Act, being

chapter 169 of the Revised Statutes of Al,berta 1970 is amended in accordance with

section number changes in the Criminal Code arising in the Revised Stat utes of Canada. 2

(dj as to

section 20!), subsection (1) by striking nut the figure "22fi" where it appears in clauses (

a) and (

b) and by substituting therefor in each clause the jigur-e "238", an,d ( e) (LS to

section 221, subsection (1), clause (

b) by striking out the figure" 4" and by substituting there for the figure "5". 9. The Alber-ta Hospitals Act is amended (

a) as to

section 3, subsection (6) by striking out the figure "19" and by substituting therefor the figure "18", and (

b) as to

section 52, subsection (4) by striking out the word "Minister" and by substituting therefor the word "Comn1ission". 10. The Hospital Services Commission ~4ct is amended as to the

Schedule in the right hand column opposite the refer ence to

section 54 under the heading "The Lloydminster ~H ospital Act" by striking 6ut the words "shall apply". 11. The AlbeTta Insurance Act is amended (

a) as to

section 53, subsection (1), clause (

b) by strik ing out the figure "400" and by substituting therefor the figure "439", (b) (c) (d) (

e) by stTiking out

section 260, as to

section 337 by striking out subsection (2) and by removing the subsection number from subsection (1), as to

section 338, subsection (3) by striking out the figure "320c" and by substituting the,refor the fig ure "339", and as to

section 417, subsection (2) by striking out the figure "401" and by substituting therefor the figure "415". 12. The Insurance Corporations Tax Act is amended by striking out

section 12. 13. T.he Liquor Licensing Act is amended as to

section 7~, s~bsectwn (1) by striking out the word "until" where 'tt /trst appeal'S in clause (a). 3

9. The Alberta Hospitals Act, being

chapter 174 of the Revised Statutes of Alberta 1970 is amended in clause (

a) to bring it into conformity with The Age of Majority Act and in clause (

b) to correct an oversight in the 1971 amendments. The relative pro visions presently read: (6) '1'he Minister may l'eqUlire that a plebiscite tw held in a hospiLal district or proposed hospital district by which the residents of the district, 19 years of age or over, may indicate their approval or disapproval to construct new facilities, disestablish existing facili ties, amalgamate hospital boards within the district 011' othejr matters per taining to the provisi'on of hospital facilities in the district.

(4) The solicitor of a benfeficiary who has heen pngaged by the :Uinisiel' for the purpose of this

section shall, in addition t'o proper (Ji,sburs;·'ments, if any, be paid in accordance with a

schedule of fees (,fltatJliflhed by the Lieutenant Governor in Council, and a solicitor sep arately engaged for these purposes shall be paid his proper and reason able fees and disbursements determined pursuant to the Alberta Rule,s of Court. 10. The Hospital Services Commission Act, being

chapter 45 of the Statutes of Alberta, 1971 is amended as to the

Schedule to correct a typographical error in a consequential amendment to The Lloydminster Hospital Act,

chapter 19 of the Statutes of Alberta, 1948. The

Schedule presently reads in the relevant part S(,ction 54· '''1'he Oontroverted Municipal Elections Act shall apply" is struck out alJd "Part 2 'of The Munieipal !<;lpetioTi Act of Alberta" is substituted therefo]" I I. The Alberta Insurance Act, being

chapter 187 of the Re vised St!1tutes of Alberta 1970 is amended to correct internal ref erences and to eliminate two sections no longer required because of' The Age of Majority Act. 12. The Insurance Corporations Tax Act, being

chapter 188 of the Revised Statutes of Alberta 1970 is amended as

section 12 is obsolete due to 1971 amendments. It refers to the style of cause in actions under the Act. 1:1. The Liquor Licensing Act, being

chapter 212 of the Revised Statutes of Alberta 1970 is amended to eliminate a duplicated word. Section'll (1) (

a) presently reads: 71.

(1) Subject to

section 70, subsection (4), no sale OJ' other dis posal of liquor shall be made or take place in, nor shall liquor be con SUrJ1!'d in, any licensed premises during the hours or on the <'lays in this flectIOn prescribed, that is to say, (

a) from one o'clock Sunday morning until until 10 o'clock in the folre noon on the Monday next following OJ' until snch later hour on the Monday next following as may be presC'rihed, and on other days of the wee], during such h'Ours ns rlln . .v hp pr'psC!T'1h('(l hy the Roard, or 3

14. The Alunicipal Governrnent Act is amended as to

section 284 by striking out subsection (1) and by substitut ing therefor the following subsection: 284.

(1) The municipality, its engineers, servants and workmen, from time to time and at such times as the council considers fit, may enter into and upon, take or use by ex propriation under The Expropriation Procedure Act, the land of any person, bodies politic or corporate in the munici pality or within 10 miles thereof, and may survey, set out and ascertain such parts thereof as are required for the pur poses of any public utility that the municipality is empower ed to 'construct or operate, and may contract with the own ers or occupan~3 of the land and any person having a right or interest therein for the pnrchase or renting thereof, or of any part thereof, or of any privilege that may be required for the purpose of the public utility, at the option of the municipality. 15.

(1) The Planning Act is amended by adding after

section 151 the following section: 151.1 Where any area of land is annexed or transferred to one municipality from anoth ~r, the title to any reserves within that are3 shEri, un~2~:lSLhe Board otherwise orders, be transferred to the municipality acquiring jurisdiction over that area.

(2) Section 151, subsection (3) of The Planning Act, being chOvpter 43 of the Statutes of Alberta, 1963, is repealed 16. The Public Health Act is amended as to

section 46.1 subsection (1) by striking out the words "Where this or an" and by substituting therefor the words "Where, by any pro vision of this Act or any". 17. The Public Lands Act is amended as to

section 117, subsection (2), clause (

b) by striking out the words "require the corporation to pay a sum equivalent to to the assign ment" and by substituting therefof/' the words "require the corporation to pay a sum equivalent to the assignment". 18. The Rural Electrification Revolving Fund Act is al1wnded as to

section 10 by striking out the word "the" after the words "shall furnish" . . 19. The Sei~uTes Act is amended as to

section 44 by strik- 1,?~g out the !tgure "(2)" and by substituting therefor the f1,gure "(3)". 4

14. The Municipal Government Act, being

chapter 246 of the Revised Statutes of Alberta 1970 is amended to correct a printing error. 115. This provision was omitted but not repealed in the 'Revised Statutes of Alberta 1970. It will now be re-introduced into the Revised Statutes to eliminate confusion resulting from its absence. 16. The Public Health Act, being ,chapter 294 of the Revised Statutes of Alberta 1970 is amended to correct a typographical error in the 1971 amendments.

Section 46.1 (1) reads in part: 46.1

(1) Where this or an ,order, rule or regulation under this Act, the Provincia,l Board, an officer of the Department of Health, a local board or officer thereof, a medical officer of health or a municipality or officer there'of (in this

section caUed a "health authority") is re quired or permitted to serve a notil:e to any person (in this

section called the "respondent") the notice may be served. 17. The Public Lands Act, being

chapter 297 of the Revised Statutes of Alberta 1970 is amended to correct a printing error. 18. The Rural ,Electrification Revolving Fund Act, being

chapter 325 of the Revised Statutes of Alberta 1970 is amended to correct an error in a 1971 consequential amendment. 19. The Seizures Act, being

chapter 338 of the Revised Statutes of Alberta 1'970 is amended to correct a cross-reference. 4

20. The Teachers' Retirement Fund Act is amended (

a) as to

section 24, subsection (4) by striking out the words "to hinl by" and by substit'llting therefor the words "by him to", and (

b) as to

section 38, subsection (2), clause (

b) by in serting before the word "by-law" the worrd "by". 21. The Waterr Resmf/('ces Act is amended as to

section 14- by ren'ltmbering the second subsection (9) as subsection (10) 22. This Act comes into force on the day upon which it is assented to and upon so coming into force (

a) se.ctions 1, 3, 4, 6, 7, 8,

section 11, clauses (a), (

d) and (e), and sections 14,15,17,19 and 20 shall be deerned to have been in force at all times on and (b) (c) (d) (e) (f) (

g) aft err March 1, 1971,

section 2 shall be deemed to have been in force at all times on and after August 1, 1971,

section 5 and

section 11, clauses (

b) and (

c) shall be deemed to have been in force at all times on and after April 28, 1971,

section 9, clause (

a) and

section 10 shall be deemed to have been in force at all times on and after March 31, 1971,

section 9, clause (

b) and

section 12 shall be deemed to have been in forrce at all times on and after April 1, 1971, sections 13, 16 and 21 shall be deemed to have been in force at all times on and after April 27, 1971, and

section 18 shall be deemed to have been in force at all times on and after June 1, 1971. 5

20. The Teachers' Retirement Fund Act, being

chapter 361 of the Revised Statutes of Alberta 1970 is amended to correct typographi cal errors. 21. The Water Resources Act, being

chapter 388 of the Revised Statutes of Alberta 1970 is amended to correct subsection number ing. 5 Title: 1972 (17th, 1st) Bill 68, The Statutes Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5049
Type	bill
Volume / chapter	L17 S1 5049
Language	en
Format	json
Source	PROVINCIAL
Identifier	ca6be0c235285f7476bc6b044b16d246f98615b6

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