1973 Bill 74 .", I Second Session, 17th Legislature, 22 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 74 The Alberta Government Telep.hones Amendment Act, 1973 THE MINISTER OF TELEPHONES AND UTILITIES First Reading Second Reading Third Reading ..... Printed by QUEE:\,,'S I'RJ;\l'TER for the Province of Alberta, EDMONTON

Bill 74 BILL 74 1973 THE ALBERTA GOVEiRNMENT TEtEPHONES AMENDMENT ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Alberta Government Telephones Act is hereby amended.

Section 6, subsection (1) is amended by striking out clauses (b) , (c), ( d), (

e) and (

f) and by sUbstituting the following: (

b) five directors. 3. The following sections are added after

section 30: 30.1 The provisions of sections 28, 29 and 30 do not apply to any person acting in accordance with

an Act of the Parliam'ent of Canada. 30.2

(1) A peace officer may seize any equipment, at­ tachment, device, apparatus or contrivance which he has reason to believe (

a) is being used, or (

b) has been used, 'Or (

c) is likely to be used, or (

d) is SQ designed or adapted that it is primarily use­ ful, in the commission of an offence under this Act.

(2) The peace 'Officer, upon seizing anything under sub­ section (1), shall (

a) give a receipt therefor to the person, if any, having possession or 'custody of the thing, and (

b) furnish a provinc'ial judge with an affidavit (

i) stating that he seized the thing under this

section and describing the thing seized, (ii) stating the grounds under subsection (1) on which the seizure was made, and (iii) setting out the name of the person, if any, hav­ ing P'Ossession or custody of ,the thing seized at the time of seizure.

(3) Where a thing is seized under authority of this section, the provincial judge receiving the affidavit shall

Explanatory Notes I. This Bill will amend

chapter 12 of the Revised Statutes of Alberta 1970.

Section 6, subsection (1) presently reads: 6.

(1) The Lieutenant Governor in Council may appoint the f.ollowing executive officers of the oommission: (

a) a general manager; (

b) an assistant general manager; (

c) a director-operations; (

d) a director-planning; (

e) a director-engineering and construction; (

f) a director-administration. 3. Exemption, seizure.

(

a) order that the thing seized be confiscated to the Crown in right of Alberta where he is satisfied that (

i) at the time 'Of seizure it was being used or had been used or was likely to he used in the com­ mission 'of an offence under this Act, or Oi) it is so designed or adapted that it is primarily useful in the commission 'Of an offence under this Act, and no person shows sufficient cause why it should not be so confiscated, or (b) 'Order that the thing seized be returned to the per­ son who had P'Ossession or custody thereof at the time of seizure.

(4) Anything confiscated pursuant to this

section shall be disposed of as the Attorney General directs.

Section 32 is amended (

a) by striking out subsection (1) and by substit,uting the following subsection: 32.

(1) A person who contravenes

section 28, subsection (1) is guilty of an offence and liable on

summary conviction to a fine of not more than $2,000, and in default of payment to imprisonment for a term of not more than six months, or -to im­ prisonment for a term of not more than six months without the option of a fine, or to both fine and imprisonment. (

b) by adding after subsection (3) the following sub­ section: ( 4) Where a person is convicted of an offence under

section 28, 29 or 30, the equipment, attach­ ment, device, apparatus or oontrivance by means of which the offence was committed shall, upon such 'conviction and in addition to any punishment that is imposed, be ordered by the court to be con­ fiseated to the Crown in right of Alberta, where­ upon it may be disposed of as the Attorney General directs.

Section 38 is amended by striking out the words "an employee" and by SUbstituting the wo'rds "a member of the commission or an 'employee". 6. Sect.ion 39 is amended by striking out subsection (1) and by substituting the following: 39.

(1) The commission is an agent of the Crown in right of Alberta and its powers may be exercised only as an agent of the Crown. 7. This Act comes into force on the day upon which it is asse,nted to. 2

4. Increase in penalty for contravention of

section 28, confis­ cation.

Section 32(1) presently reads: 32.

(1) A person who oontravenes secUon 28, subse0tion (1) is guilty of an offence and ~iable on

summary conviction to a fine of not more than $100 and in default of payment to imprisonment for n.ot more than 30 days.

Section 38 presently reads: 38. The commisSiion is n.ot bound by any as,signment by a employee of the commission .of salary .or wages o-wing: to hdm or of his future salary or wages or by any assignment .of any .other existing or future debt of the commission unless (

a) the Minister consents t.o the as.signment in a particular case, or (

b) the assignment is induded in any class o.f assignments designated by an .order of the Minister as exempt assignments for the pur­ poses .of this se-ction. 6.

Section 39 (1) presently reads: 39.

(1) The commission is fQr all purposes of this' Act an agent of the Crown in right lOf the Province and lilts P.owers under this Act may be exercised only as an agent .of the Crown. 2 Title: 1973 (17th, 2nd) Bill 74, The Alberta Government Telephones Amendment Act, 1973