Bill 39 — Third Session, 24Th Legislature, 48 Elizabeth Ii the Legislative Assembly of Alberta Bill 39 Miscellaneous Statutes Amendment Act, 1999 (Legislature 24, Session 3)

L24 S3 914

Alberta — Bills

1999 BILL 39 Third Session, 24th Legislature, 48 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 39 MISCELLANEOUS STATUTES AMENDMENT ACT, 1999 THE MINISTER OF JUSTICE AND ATTORNEY GENERAL First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 39 BILL 39 1999 MISCELLANEOUS STATUTES AMENDMENT ACT, 1999 (Assented to , 19 9 9 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Business Corporations Act Amends SA 1981 cB-15 1(1) The Business Corporations Act is amended by this section.

(2) Section 174 is amended (

a) in subsection (1) by striking out “by special resolution”; (

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

(1.1) A restatement of articles (

a) may be done by a resolution of the directors where the restatement only consolidates previous amendments or is done in conjunction with an amendment that the directors are authorized to make without a special resolution, and (

b) must be done by special resolution in all other cases. Cemeteries Act Amends RSA 1980 cC-2 2(1) The Cemeteries Act is amended by this section.

(2) Section 60(1)(

w) is amended by striking out “burial and cost of burial” and substituting “burial or other disposition and cost of burial or other disposition”. 1

Explanatory Notes Business Corporations Act 1(1) Amends

chapter B-15 of the Statutes of Alberta, 1981.

(2) Section 174(1) presently reads: 174(1) A corporation m ay at any tim e, and shall w hen reasonably so directed by the Registrar, restate by special resolution the articles of incorporation as am ended. Cemeteries Act 2(1) Amends

chapter C-2 of the Revised Statutes of Alberta 1980.

(2) Section 60(1)(

w) presently reads: 60(1) The M inister m ay m ake regulations 1 Explanatory Notes

(3) Section 63(2) is repealed and the following is substituted:

(2) A person may without any reason cancel (

a) a pre-need contract that the person has entered into for the purpose of purchasing cemetery supplies or cemetery services or both, or (

b) a contract that the person has entered into for the purpose of purchasing or leasing a lot, plot, compartment, crypt or other space in an existing or proposed cemetery, columbarium or mausoleum for future use by any person, by giving a notice of cancellation in accordance with this

section within the period specified in the regulations. Child and Family Services Authorities Act Amends SA 1996 cC-7.3 3 The Child and Family Services Authorities Act is amended in

section 1 by adding the following after clause (c)(i): (i.1) programs and services under the Protection of C hildren Involved in Prostitution Act; 2

(

w) respecting the burial and cost of burial of the bodies of destitute or indigent persons;

(3) Section 63(2) presently reads:

(2) A person m ay w ithout any reason cancel a contract w hich he has entered into for the purpose of (

a) purchasing cem etery supplies or cem etery services, or (

b) purchasing or leasing a lot, plot, com partm ent, crypt or other space in an existing or proposed cem etery, colum barium or m ausoleum for future use by any person, by giving a notice of cancellation in accordance w ith this

section w ithin the period specified in the regulations. Child and Family Services Authorities Act 3 Amends

chapter C-7.3 of the Statutes of Alberta,

Section 1(

c) presently reads: 1 In this Act, (c) “child and fam ily services” m eans the program s and services for w hich an Authority has assum ed responsibility pursuant to an agreem ent, and m ay include the follow ing: (

i) program s and services under the C hild W elfare Act; (ii) program s and services under the Social C are Facilities Licensing Act; (iii) the provision of social allow ance for the care of children under

section 9 of the Social Developm ent Act; (iv) the funding of w om en’s shelters and other safe living arrangem ents for victim s of fam ily violence; (

v) education and prevention w ith respect to child abuse and dom estic violence; (vi) early intervention designed to prom ote and m aintain the safety and healthy developm ent of children and fam ilies; 2 Explanatory Notes

Child Welfare Act Amends SA 1984 cC-8.1 4(1) The Child Welfare Act is amended by this section.

(2) Section 59 is amended (

a) in subsection (3) by striking out “of the spouse of a petitioner” and substituting “whose step-parent is the petitioner”; (

b) in subsection (3)(

a) by repealing subclause (iii) and substituting the following: (iii) where the petitioner is the step-parent of the child, the name of the parent who has lawful custody of the child, and

(3) Section 65(3) is repealed and the following is substituted:

(3) If a child is adopted by the step-parent of the child, the child does not cease to be the child of the parent who has lawful custody and that parent does not cease to be the parent and guardian of the child. Coal Conservation Act Amends RSA 1980 cC-14 5(1) The Coal Conservation Act is amended by this section.

(2) Section 21(1), (2), (2.1) and (2.2) are repealed. 3

(vii) financial assistance to eligible fam ilies needing out of hom e child care; (viii) assistance to fam ilies involved in child custody and access disputes; (ix) any other program or service prescribed in the regulations; Child Welfare Act 4(1) Amends

chapter C-8.1 of the Statutes of Alberta, 1984.

(2) Section 59 presently reads in part:

(3) A petition for an adoption order in respect of a child of the spouse of a petitioner or a child w ho is placed by a parent directly in the custody of a petitioner w ho is a relative of the child shall be filed w ith the C ourt and m ust be accom panied by the follow ing docum entation: (

a) the affidavit of the petitioner setting out (

i) the nam e, date and place of birth, gender and parentage of the child, so far as is know n, (ii) the age, address, m arital status and occupation of the petitioner and the relationship of the petitioner to the child, (iii) the nam e of the spouse of the petitioner, and (iv) the term s of any agreem ent or order respecting access to the child; (

b) the consents required under

section 5 6 or an affidavit indicating the reasons w hy the petitioner is requesting that the C ourt dispense w ith one or m ore of the consents.

(3) Section 65(3) presently reads:

(3) If a person adopts the child of his spouse, the child does not cease to be the child of that spouse and that spouse does not cease to be the parent and guardian of the child. Coal Conservation Act 5(1) Amends

chapter C-14 of the Revised Statutes of Alberta 1980.

(2) Section 21 presently reads in part: 21(1) Before the Board issues a perm it or licence pursuant to this Part, it shall refer the application to the M inister of E nvironm ental Protection for his approval of the application as it affects m atters of the environm ent. 3 Explanatory Notes

(3) Section 24(1), (2), (2.1) and (2.2) are repealed. Consulting Engineers of Alberta Act Amends SA 1992 cC-22.4 6(1) The Consulting Engineers of Alberta Act is amended by this section.

(2) Section 5(2) is amended by striking out “one director” and substituting “2 directors”. 4

(2) The M inister of E nvironm ental Protection m ay give his approval w ith or w ithout conditions, but w hen conditions are im posed, the Board shall, if it grants a perm it or licence, m ake the perm it or licence subject to the sam e conditions im posed by the M inister of E nvironm ental Protection w hen he gave his approval.

(2.1) N otw ithstanding subsection (1), the M inister of E nvironm ental Protection m ay direct that (

a) an application, or (

b) a type of application, for a perm it or licence or an am endm ent of a perm it or licence specified by him be not referred to him .

(2.2) The M inister of E nvironm ental Protection m ay authorize an em ployee of his departm ent to exercise the pow ers conferred on him by this section.

(3) Section 24 presently reads in part: 24(1) Before the Board issues an approval pursuant to this Part, it shall refer the application to the M inister of E nvironm ental Protection for his approval of the application as it affects m atters of the environm ent.

(2) The M inister of E nvironm ental Protection m ay give his approval w ith or w ithout conditions, but w hen conditions are im posed, the Board shall, if it grants an approval, m ake its approval subject to the sam e conditions im posed by the M inister of E nvironm ental Protection w hen he gave his approval.

(2.1) N otw ithstanding subsection (1), the M inister of E nvironm ental Protection m ay direct that (

a) an application, or (

b) a type of application, for an approval or an am endm ent of an approval specified by him be not referred to him .

(2.2) The M inister of E nvironm ental Protection m ay authorize an em ployee of his departm ent to exercise the pow ers conferred on him by this section. Consulting Engineers of Alberta Act 6(1) Amends

chapter C-22.4 of the Statutes of Alberta, 1992.

(2) Section 5(2) presently reads:

(2) N o m em ber shall have m ore than one director on the Board at the sam e tim e. 4 Explanatory Notes

(3) Section 17 is amended (

a) in subsection (1)(

p) by adding “or electronic means” after “votes by mail”; (

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

(2) A by-law under subsection (1) does not come into force unless it is approved by a ⅔ majority of members present and voting at a general meeting or voting by means of a vote conducted by mail or electronic means in accordance with the by-laws. Court of Queen’s Bench Act Amends RSA 1980 cC-29 7 The Court of Queen’s Bench Act is amended by adding the following after

section 14.1: Regulations 14.2(1) The Lieutenant Governor in Council shall make regulations (

a) fixing the salaries to be paid to masters in chambers; (

b) fixing the amount to be paid to masters in chambers sitting part time; (

c) providing for the benefits to which masters in chambers are entitled, including (

i) personal expense allowances and services; (ii) travel and moving allowances; (iii) leaves of absence and vacations; (iv) sick leave credits and payments in respect of those credits; (

v) benefits under one or more pension plans for masters in chambers and other individuals deriving benefit entitlements through them; (

d) without limiting anything in clause (d), providing for the continuation or establishment of 5

(3) Section 17 presently reads in part: 17(1) The Board m ay m ake by-law s (

p) respecting the holding of votes by m ail on any m atter relating to the C onsulting E ngineers;

(2) A by-law under subsection (1) does not com e into force unless it is approved (

a) by a m ajority of the m em bers present and voting at a general m eeting or voting by m eans of a vote conducted by m ail in accordance w ith the by-law s, and (

b) by the M inister. Court of Queen's Bench Act 7 Amends

chapter C-29 of the Revised Statutes of Alberta 1980. Adds regulations. 5 Explanatory Notes

(

i) one or more pension plans, including a supplemental retirement plan that may or may not be registrable under the Incom e Tax Act (Canada), and (ii) one or more pension funds, including the making of any provisions in respect of those plans or funds that are made, or that are similar to or that correspond to provisions made, by or under, or that could be made under, the Public Sector Pension Plans Act with respect to any pension plan or pension fund continued or established by that Act; (

e) providing for the transfer or other disposition of those benefits to which persons appointed as masters in chambers under this Act were entitled under the Public Service Act and the regulations under that Act or the Public Service Pension Plan, the Public Service Management (Closed Membership) Pension Plan or the Management Employees Pension Plan at the time of their appointment under this Act.

(2) Regulations made under subsection (1) shall, if so provided in the regulation, be effective from a date prior to the making of the regulation. Fair Trading Act Amends SA 1998 cF-1.05 8(1) The Fair Trading Act is amended by this section.

(2) Section 69(

c) is amended by striking out “reflect charges” and substituting “reflect the costs”.

(3) Section 110(1) is amended (

a) by striking out “except

section 119” and substituting “except

section 117”; (

b) in clause (b) 6

Fair Trading Act 8(1) Amends

chapter F-1.05 of the Statutes of Alberta, 1998.

(2) Section 69(

c) presently reads: 69 The only default charges that m ay be provided for by a credit agreem ent are (

c) reasonable charges that reflect charges incurred by the credit grantor because a cheque or other paym ent instrum ent given by the borrow er to the credit grantor w as dishonoured.

(3) Section 110(1) presently reads: 110(1) This Part, except

section 119 , does not apply (

a) to an insurer, agent, adjuster or broker licensed under the Insurance Act or to the em ployees of any of them w ho are acting in the regular course of their em ploym ent, 6 Explanatory Notes

(

i) by adding “the C anada Business C orporations Act (Canada),” after “Insolvency Act (Canada),”; (ii) by adding “, the Personal Property Security Act” after “Judicature Act”.

(4) Section 151 (5)(

c) is amended (

a) by adding “the C anada Business C orporations Act (Canada),” after “Insolvency Act (Canada),”; (

b) by adding “the Personal Property Security Act,” after “Judicature Act,”. Fatality Inquiries Act Amends RSA 1980 cF-6 9(1) The Fatality Inquires Act is amended by this section.

(2) Section 10(2)(

i) is amended by adding “or as a result of the use of force by a peace officer while on duty”. Gas Utilities Act Amends RSA 1980 cG-4 10 The Gas Utilities Act is amended in

section 26.1(1) by repealing clause (

d) and substituting the following: (d) “Nova” means Nova Gas Transmission Ltd. 7

(

b) to an assignee, custodian, liquidator, receiver, trustee or other person licensed or acting under the Bankruptcy and Insolvency Act (C anada), the C om panies Act, the Business C orporations Act, the Judicature Act or the W inding-up and Restructuring Act (C anada) or to a person acting under a debenture or the order of any court, or (

c) to an industry m em ber w ithin the m eaning of the Real E state Act or to the em ployees of an industry’ m em ber acting in the regular course of their em ploym ent.

(4) Section 151(5)(

c) presently reads:

(5) In the circum stances referred to in subsection (2), the Director m ay, in w riting, issue one or m ore of the follow ing directions: (

c) direct the investigated person to hold any personal property of clients or others that is in the person’s possession or under the person’s control in trust for a receiver appointed under subsection (3) or for an interim receiver, custodian, trustee, receiver, receiver and m anager or liquidator appointed under the Bankruptcy and Insolvency Act (C anada), the Judicature Act, the C om panies Act, the Business C orporations Act or the W inding-up and Restructuring Act (C anada), as the case m ay be. Fatality Inquiries Act 9(1) Amends

chapter F-6 of the Revised Statutes of Alberta 1980.

(2) Section 10(2) presently reads:

(2) Deaths that occur under any of the follow ing circum stances require notification under subsection (1): (

i) deaths that occur w hile the deceased person w as in the custody of a peace officer; Gas Utilities Act 10 Amends

chapter G-4 of the Revised Statutes of Alberta 1980.

Section 26.1(1)(

d) presently reads: 26.1(1) In this Part, (d) “N ova” m eans N O VA C orporation of Alberta, a corporation continued under the Business C orporations Act. 7 Explanatory Notes

Government Organization Act Amends SA 1994 cG-8.5 11 The Government Organization Act is amended in

section 1(2) of

Schedule 8 by striking out “a chairman” and substituting “one chair from each council”. Highway Traffic Act Amends RSA 1980 cH-7 12(1) The Highway Traffic Act is amended by this section.

(2) The following is added after

section 34: Conspicuity systems 34.1(1) In this section, (a) “conspicuity system” means the display of reflective markings on trailers in accordance with the requirements of the federal legislation; (b) “federal legislation” means the M otor Vehicle Safety Act (Canada) and the regulations under that Act; (c) “reflective markings” means retroreflective sheeting, reflex reflectors or a combination of retroreflective sheeting and reflex reflectors that conform to the standards provided for under the federal legislation for retroreflective sheeting and reflex reflectors; (d) “trailer” means a trailer that (

i) has a gross vehicle weight rating of more than 4536 kilograms, and (ii) is 2.05 metres or greater in overall width, but does not include a trailer used or intended for use exclusively as living quarters for a person or as a business office or as both living quarters and a business office. 8

Government Organization Act 11 Amends

chapter G-8.5 of the Statutes of Alberta,

Section 1 of

Schedule 8 presently reads in part:

(2) There shall be a Joint Board of Practice com posed of (a) 4 persons appointed by the C ouncil of the Architects Association, and (b) 4 persons appointed by the C ouncil of the E ngineers Association, and a chairm an appointed by the M inister from am ong candidates m utually agreed to by both councils. Highway Traffic Act 12(1) Amends

chapter H-7 of the Revised Statutes of Alberta 1980.

(2) Trailers to be equipped with a conspicuity system. 8 Explanatory Notes

(2) A trailer manufactured prior to December 1, 1993 shall, on and after January 1, 2002, be equipped with a conspicuity system so that the trailer, with respect to a conspicuity system, conforms to the same requirements as prescribed under the federal legislation for trailers manufactured after January 24, 1997.

(3) A trailer manufactured on or after December 1, 1993 shall, on and after January 1, 2000, be equipped with a conspicuity system so that the trailer, with respect to a conspicuity system, conforms to the same requirements as prescribed under the federal legislation for trailers manufactured after January 24, 1997. Hydro and Electric Energy Act Amends RSA 1980 cH-13 13(1) The Hydro and Electric Energy Act is amended by this section.

(2) Section 7 is amended (

a) by repealing subsections (4) and (5); (

b) in subsection (7) by striking out “subsections (3) and (4)” and substituting “subsection (3)”; (

c) by repealing subsection (10) and substituting the following:

(10) On Royal Assent being given to a Bill for the authorization of an order of the Board for the construction of a hydro development, the Board shall, by order, approve the construction of the hydro development and may make its approval subject to any conditions that it is empowered to impose under this Act and the regulations. 9

Hydro Electric Energy Act 13(1) Amends

chapter H-13 of the Revised Statutes of Alberta 1980.

(2) Section 7 presently reads in part: 7(1) N o person shall construct a hydro developm ent unless the Board, by order, has approved the construction of the hydro developm ent in accordance w ith this section.

(2) W hen a person proposes to construct a hydro developm ent, he shall apply to the Board for an order approving the construction of the hydro developm ent.

(3) W hen the Board receives an application for an order approving the construction of a hydro developm ent, the Board shall m ake any investigation, m ake any inquiry and hold any hearings it considers necessary or desirable in connection w ith the application.

(4) During any investigation, inquiry and hearing under subsection (3), the Board shall refer the application for an order for the construction of the hydro developm ent to (

a) the M inister of E nvironm ental Protection, and (

b) the M inister responsible for the Public Lands Act. for their approval w ith respect to the application as it affects m atters of the environm ent. (5 ) The M inister of E nvironm ental Protection and the M inister responsible for the Public Lands Act, or either of them , m ay give their approval w ith or w ithout conditions, but w hen conditions are im posed, the Board shall, if it approves the construction of the hydro developm ent pursuant to subsection (10), m ake its order subject to 9 Explanatory Notes

(3) Section 9(3) and (5) are repealed.

(4) Section 13 is repealed. 10

the sam e conditions im posed by the M inister of E nvironm ental Protection or the M inister responsible for the Public Lands Act, or both of them , w hen they gave their approval.

(10) O n a Bill for the authorization of an order of the Board for the construction of a hydro developm ent receiving Royal Assent, the Board shall, by order, approve the construction of the hydro developm ent but shall m ake its approval in accordance w ith subsection (5 ) and m ay m ake its approval subject to any other conditions that it is em pow ered to im pose under this Act and the regulations.

(3) Section 9(3) and (5) presently read:

(3) Prior to the Board approving the construction and operation of the pow er plant, it shall refer the application to the M inister of E nvironm ental Protection for his approval of the application as it affects m atters of the environm ent.

(5) The M inister of E nvironm ental Protection m ay give his approval w ith or w ithout conditions, but w hen conditions are im posed, the Board shall, if it approves the construction and operation of the pow er plant, m ake its order subject to the sam e conditions im posed by the M inister of E nvironm ental Protection w hen he gave his approval.

(4) Section 13 presently reads: 13(1) The Board shall refer an application for a perm it or an am endm ent of a perm it to (

a) the M inister of E nvironm ental Protection, and (

b) if C row n land is affected, the M inister responsible for the Public Lands Act for their approval of the application as it affects m atters of the environm ent.

(2) The M inister of E nvironm ental Protection and the M inister responsible for the Public Lands Act, or either of them , m ay give their approval w ith or w ithout conditions, but w hen conditions are im posed, the Board shall, if it grants a perm it or an am endm ent of a perm it, m ake the perm it or am endm ent subject to the sam e conditions im posed by the M inister of E nvironm ental Protection or the M inister responsible for the Public Lands Act, or both of them , w hen they gave their approval.

(3) N otw ithstanding subsection (1), the M inister of E nvironm ental Protection or M inister responsible for the Public Lands Act m ay direct that (

a) an application, or (

b) a type of application for a perm it or an am endm ent of a perm it specified by him be not referred to him . 10 Explanatory Notes

(5) Section 18(3) is repealed. Municipal Government Act Amends SA 1994 cM-26.1 14 The Municipal Government Act is amended (

a) by repealing

section 97.1; (

b) in

section 362(1)(

c) by repealing subclause (

i) and substituting the following: (

i) the board of trustees of a school district, school division or regional division, (i.1) the Regional authority for a Francophone Education Region established under the School Act, (i.2) the operator of a charter school established under the School Act, or (

c) in

section 616 by repealing clause (bb) and substituting the following: (bb) “school authority” means the board of trustees of a school district, school division or regional division; Off-highway Vehicle Act Amends RSA 1980 cO-4 15(1) The Off-highway Vehicle Act is amended by this section.

(2) Section 18(2) is amended by adding the following after clause (a): (a.1) the Minister of Environmental Protection may by order authorize persons to operate off-highway vehicles along any portion of any highway or class of highway under that Minister’s direction, control and management, subject to any restrictions and conditions the Minister of Environmental Protection may prescribe, 11

(4) The M inister of E nvironm ental Protection or the M inister of responsible for the Public Lands Act, as the case m ay be, m ay authorize an officer of his departm ent to exercise the pow ers conferred n him by this section.

(5) Section 18(3) presently reads:

(3) N otw ithstanding sections 7(5 ) and (10), 9 (5 ) and 13(2), the Board is not required to im pose the conditions specified by the M inister of E nvironm ental Protection or the M inister responsible for the Public Lands Act w hen the Lieutenant G overnor in C ouncil directs that the conditions are not to be im posed. Municipal Government Act 14 Amends

chapter M-26.1 of the Statutes of Alberta, 1994. Off-highway Vehicle Act 15(1) Amends

chapter 0-4 of the Revised Statutes of Alberta 1980.

(2) Section 18(2) presently reads in part:

(2) N otw ithstanding subsection (1), (

a) the M inister of Transportation and U tilities m ay by order authorize persons to operate off-highw ay vehicles along any portion of any highw ay or class of highw ay under his direction, control and m anagem ent, subject to any restrictions and conditions the M inister of Transportation and U tilities m ay prescribe, 11 Explanatory Notes

Oil Sands Conservation Act Amends SA 1983 cO-5.5 16(1) The Oil Sands Conservation Act is amended by this section.

(2) Section 12 is repealed.

(3) Section 14(3) is repealed. 12

Oil Sands Conservation Act 16(1) Amends

chapter 0-5.5 of the Statutes of Alberta, 1983.

(2) Section 12 presently reads: 12(1) The Board shall refer an application m ade under

section 10 or 11 to (

a) the M inister of E nvironm ental Protection for his approval of the application as it affects m atters of the environm ent, and (

b) the M inister responsible for the Public Lands Act for his approval of the application as it affects land and resources that are the property of the C row n in right of Alberta.

(2) The M inister of E nvironm ental Protection and the M inister responsible for the Public Lands Act, or either of them , m ay give their approval of the application w ith or w ithout conditions, but w here conditions are im posed, the Board shall, unless otherw ise directed by the Lieutenant G overnor in C ouncil, m ake its approval, if it grants an approval, subject to the conditions im posed by the M inister of E nvironm ental Protection or the M inister of responsible for the Public Lands Act, or both of them .

(3) N otw ithstanding subsection (1), the M inister of E nvironm ental Protection or the M inister responsible for the Public Lands Act m ay direct that (

a) an application, or (

b) a type of application for an approval under

section 10 or 11 or an am endm ent or type of am endm ent of an approval be not referred to him .

(4) The M inister of E nvironm ental Protection or the M inister responsible for the Public Lands Act m ay authorize an em ployee of his departm ent to exercise the pow ers conferred on him by this section.

(3) Section 14(3) presently reads:

(3) The approval of the M inister of E nvironm ental Protection and the M inister responsible for the Public Lands Act is required in respect of an am endm ent under this

section unless an approval w as not required in respect of the application under

section 12. 12 Explanatory Notes

(4) Section 19(2) and (3) are repealed and the following is substituted:

(2) The Board shall refer a scheme prepared under subsection (1) to the Minister of Energy for the Minister’s approval insofar as the scheme affects mines and minerals that are the property of the Crown in right of Alberta.

(3) The Minister of Energy may approve a scheme with or without conditions. Pharmaceutical Profession Act Amends SA 1988 cP-7.1 17(1) The Pharmaceutical Profession Act is amended by this section.

(2) Section 90(1)(dd) is repealed.

(3) Section 92 is amended (

a) by renumbering it as

section 92(1); (

b) by repealing subsection (1)(

a) and substituting the following: (

a) designating a drug as a drug in

Schedule 1, 2 or 3, and (

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

(2) If a list in an enactment of Alberta or of another jurisdiction, or a code, standard or list published by an organization, designates drugs, and copies of the enactment, code, standard or list are readily available and the Minister has consulted with the Council, the Lieutenant Governor in Council may, by regulation, declare the list in the enactment or the code, standard or list to be in force in whole or in part or with any variations that the Lieutenant 13

(4) Section 19(2) and (3) presently read:

(2) The Board shall refer a schem e prepared under subsection (1) to (

a) the M inister of E nergy for his approval insofar as the schem e affects m ines and m inerals that are the property of the C row n in right of Alberta, and (

b) the M inister responsible for the Public Lands Act for his approval insofar as the schem e affects the surface of land that is the property of the C row n in right of Alberta.

(3) The M inister of E nergy and the M inister responsible for the Public Lands Act, or either of them , as the case m ay be, m ay approve a schem e w ith or w ithout conditions. Pharmaceutical Profession Act 17(1) Amends

chapter P-7.1 of the Statutes of Alberta, 1988.

(2) Section 90(1) presently reads in part: 9 0(1) The C ouncil m ay m ake regulations (dd) adding a drug to

Schedule 1 or 2;

(3) Section 92 presently reads: 92 The Lieutenant G overnor in C ouncil m ay, after consultation w ith the C ouncil, m ake regulations (

a) adding a drug to

Schedule 2 or 3, and (

b) rem oving a drug from

Schedule 1, 2 or 3. 13 Explanatory Notes

Governor in Council specifies in addition to or instead of a regulation under subsection (1).

(3) Notwithstanding subsections (1) and (2), a regulation under this

section with respect to a drug described in

section 2(1)(a), (

b) or (

c) of

Schedule 1 is invalid.

(4) If a regulation under subsection (2) purports to add a drug to

Schedule 2 or 3 that is not currently a drug in

Schedule 1, 2 or 3, the regulation is invalid with respect to the purported addition.

(4) Schedule 1 is amended in

section 2(1) by adding the following after clause (c): (c.1) drugs designated as

Schedule 1 drugs by regulation under

section 92;

(5) Schedule 2 is amended by adding the following after

section 2: 2.1 The drugs in this

Schedule include drugs designated as

Schedule 2 drugs by regulation under

section 92.

(6) Schedule 3 is amended by adding the following after

section 2: 2.1 The drugs in this

Schedule include drugs designated as

Schedule 3 drugs by regulation under

section 92. Pipeline Act Amends RSA 1980 cP-8 18(1) The Pipeline Act is amended by this section.

(2) Section 8 is repealed. 14

(4) Consequential.

(5) Consequential.

(6) Consequential. Pipeline Act 18(1) Amends

chapter P-8 of the Revised Statutes of Alberta 1980.

(2) Section 8 presently reads: 8(1) The Board shall refer an application for a perm it or an am endm ent of a perm it to the M inister of E nvironm ental Protection and the M inister responsible for the Public Lands Act for their approval of the application as it affects m atters of environm ent.

(2) The M inister of E nvironm ental Protection and the M inister responsible for the Public Lands Act or either of them m ay give their approval w ith or w ithout conditions, but w hen conditions are im posed, the Board shall, if it grants a perm it or an am endm ent of a perm it, m ake the perm it or am endm ent subject to the sam e conditions im posed by the M inister of E nvironm ental Protection or the M inister responsible for the Public Lands Act, or both of them , in giving their approval. 14 Explanatory Notes

Police Officers Collective Bargaining Act Amends SA 1983 cP-12.05 19(1) The Police Officers Collective Bargaining Act is amended by this section.

(2) Section 12(3) is repealed and the following is substituted:

(3) The remuneration and expenses of the persons appointed under subsection (1) or (2) or

section 11 shall be paid, (

a) in the case of a person who was appointed or who should have been appointed individually by a party, by that party, and (

b) in the case of the chairman, jointly by the parties. Protection of Children Involved in Prostitution Act Amends SA 1998 cP-19.3 20(1) The Protection of Children Involved in Prostitution Act is amended by this section.

(2) Section 2(10) is amended by striking out “confine” and substituting “confine for up to 72 hours”.

(3) Section 3(2) is amended by striking out “3 days after the apprehension” and substituting “72 hours after the confinement”.

(4) The Child Welfare Act is amended in

section 19(1.1) by striking out “3 days of being apprehended” and substituting “72 hours of being confined”. 15

(3) N otw ithstanding subsection (1), the M inister of E nvironm ental Protection or the M inister responsible for the Public Lands Act m ay direct that an application for a perm it or for an am endm ent of a perm it for any pipeline or any type of pipeline specified by him be not referred to him .

(4) The M inister of E nvironm ental Protection or the M inister responsible for the Public Lands Act m ay authorize an officer of his departm ent to exercise the pow ers conferred on him by this section. Police Officers Collective Bargaining Act 19(1) Amends

chapter P-12.05 of the Statutes of Alberta, 1983.

(2) Section 12(3) presently reads:

(3) The rem uneration and expenses of the persons appointed under subsection (1) or (2) or

section 11 shall be paid (

a) in the case of a person appointed by a party to a dispute, by that party, and (

b) in the case of the chairm an or a person appointed by the M inister, by the G overnm ent. Protection of Children Involved in Prostitution Act 20(1) Amends

chapter P-19.3 of the Statutes of Alberta, 1998.

(2) Section 2(10) presently reads:

(10) N otw ithstanding subsection (1)(b), a director m ay confine a child conveyed to a protective safe house under subsection (9 ) if the director considers it necessary in order to ensure the safety of the child and to assess the child.

(3) Section 3(2) presently reads:

(2) If a child is confined and is neither returned under subsection (1)(b)(

i) nor released under subsection (1)(b)(ii) w ithin 3 days after the apprehension under

section 2, a director m ust apply to the C ourt under

section 19 of the C hild W elfare Act for a supervision order, a tem porary or perm anent guardianship order or an order returning the child to the custody of the child’s guardian.

(4) Amends

chapter C-8.1 of the Statutes of Alberta, 1984.

Section 19(1.1) presently reads:

(1.1) If a child is apprehended under the Protection of C hildren Involved in Prostitution Act, conveyed to a protective safe house as 15 Explanatory Notes

Public Utilities Board Act Amends RSA 1980 cP-37 21(1) The Public Utilities Board Act is amended by this section.

(2) Section 27 is repealed.

(3) Section 99 is repealed and the following is substituted: Union of utilities 99(1) The Lieutenant Governor in Council may by regulation designate those owners of public utilities to which this

section applies.

(2) When, by a general or special Act, an owner of a public utility that is the subject of a designation under subsection (1) is authorized to unite with the owner of any other public utility, whether or not the owner of that other public utility is the subject of such a designation, the union has no effect unless it is first approved by the Board and published in The Alberta Gazette. 16

defined in that Act and confined and is not, w ithin 3 days of being apprehended, (

a) released, or (

b) returned to the custody of the child’s guardian or to an adult w ho in the opinion of a director is a responsible adult w ho has care and control of the child, the director m ust apply in the prescribed form to the C ourt for a supervision order, a tem porary or perm anent guardianship order or an order returning the child to the custody of the child’s guardian. Public Utilities Board Act 21(1) Amends

chapter P-37 of the Revised Statutes of Alberta 1980.

(2) Section 27 presently reads: 27 The Board shall, on or before M arch 31 in each year, transm it to the President of the E xecutive C ouncil for the year ending on the preceding Decem ber 31, a report show ing briefly (

a) the applications to the Board and sum m aries of the findings m ade thereon, (

b) the num ber and nature of the inquiries that it has held of its ow n m otion, and (

c) any other m atters that the Lieutenant G overnor in C ouncil directs.

(3) Section 99 presently reads: 99 W hen, by a general or special Act, an ow ner of a public utility is authorized to unite w ith the ow ner of any other public utility, the union is subject to the consent of the Board, and has no effect until the order authorizing it is published in The Alberta G azette. 16 Explanatory Notes

Residential Tenancies Act Amends RSA 1980 cR-15.3 22 The Residential Tenancies Act is amended in

section 50(1) by adding the following after clause (a): (a.1) this Act as described in

section 4.1(2), Safety Codes Act Amends SA 1991 cS-0.5 23(1) The Safety Codes Act is amended by this section.

(2) Section 1(1) is amended by adding the following after clause (c): (c.1) “accredited regional services commission” means a regional services commission established under the M unicipal G overnm ent Act that is designated as an accredited regional services commission under this Act;

(3) Section 12 is amended (

a) in subsection (1) by adding “accredited regional services commissions or their employees or officers,” before “accredited agencies”; (

b) in subsection (2) by striking out “municipality” and substituting “municipality, an accredited regional services commission”; (

c) in subsection (3) by striking out “Crown and an accredited municipality that engages” and substituting “Crown and an accredited municipality and an accredited regional services commission that engage”. 17

Residential Tenancies Act 22 Amends

chapter R-15.3 of the Revised Statutes of Alberta 1980.

Section 50(1)(

a) presently reads: 5 0(1) A person w ho contravenes (

a) section 4.1(3), 15 .1, 17, 18, 37, 37.1(1) or (3), 38 or 39 (1) or (4.1), is guilty of an offence and liable to a fine of not m ore than $5 000. Safety Codes Act 23(1) Amends

chapter S-0.5 of the Statutes of Alberta, 1991.

(2) Definition.

(3) Section 12 presently reads: 12(1) N o action lies against the C row n, the C ouncil, m em bers of C ouncil, safety codes officers, accredited m unicipalities or their em ployees or officers, accredited agencies or their em ployees or officers or Adm inistrators for anything done or not done by any of them in good faith w hile exercising their pow ers and perform ing their duties under this Act.

(2) The C row n, an accredited m unicipality and an accredited agency acting in good faith under this Act are not liable for any dam age caused by a decision related to the system of inspections, exam inations, evaluations and investigations, including but not lim ited to a decision relating to their frequency and the m anner in w hich they are carried out.

(3) The C row n and an accredited m unicipality that engages the services of an accredited agency are not liable for any negligence or nuisance of the accredited agency that causes an injury, loss or dam age to any person or property.

(4) Subject to this section, nothing done pursuant to this Act affects the liability of any person for injury, loss or dam age caused by any thing, process or activity to w hich this Act applies. 17 Explanatory Notes

(4) Section 13(1) is amended (

a) by striking out “municipality and” and substituting “municipality, an accredited regional services commission and”; (

b) by striking out “municipality or” and substituting “municipality, accredited regional services commission or accredited”.

(5) Sections 21.2(2) and 21.3(2) are amended by adding “accredited regional services commission,” after “municipality,” wherever it occurs.

(6) The following is added after

section 23: Accredited regional services commission 23.1(1) On the application of a regional services commission established under the M unicipal G overnm ent Act, the Minister may, by order, designate a regional services commission as an accredited regional services commission authorized to administer all or part of this Act with respect to any or all things, processes or activities to which this Act applies within the boundaries of its members.

(2) The Minister may include terms and conditions in an order under this section. 18

(4) Section 13(1) presently reads: 13(1) The M inister adm inisters this Act but an accredited m unicipality and an accredited corporation shall provide for the adm inistration of this Act in accordance w ith the order that designated it as an accredited m unicipality or corporation.

(5) Sections 21.2 and 21.3 presently read: 21.2(1) The C ouncil m ay, w ith the approval of the M inister, for the purpose of enabling the C ouncil to carry out activities and services it is directed or authorized to carry out under this Act, collect m oney by the levy of assessm ents on persons w ho apply for, or hold, certificates or perm its or w ho apply to register, or register, designs.

(2) The C ouncil m ay require an accredited m unicipality, accredited corporation, accredited agency or other organization that issues certificates or perm its or registers designs to collect the m oney referred to in subsection (1) and to rem it it to the C ouncil. 21.3(1) An accredited agency m ay, w ith the approval of the M inister, for the purpose of enabling the accredited agency to carry out activities and services it is directed or authorized to carry out under this Act, collect m oney by the levy of assessm ents on persons w ho apply for, or hold, certificates or perm its or w ho apply to register, or register, designs.

(2) An accredited agency m ay, w ith the approval of the M inister, require an accredited m unicipality, accredited corporation, accredited agency or other organization that issues certificates or perm its or registers designs, to collect the m oney referred to in subsection (1), and the accredited m unicipality, accredited corporation, accredited agency or other organization shall collect the m oney and rem it it as directed by the accredited agency.

(6) Accredited regional services commission. 18 Explanatory Notes

(3) If the Minister, on reasonable and probable grounds, is of the opinion that an accredited regional services commission does not comply with the requirements of this Act or the terms and conditions of its designation, or that any thing, process or activity to be administered by the accredited regional services commission may constitute a serious danger to persons or property, the Minister may (

a) request the board of directors of the accredited regional services commission to take the action necessary to correct the situation; (

b) direct a safety codes officer appointed under

section 29(1) to undertake the administration of this Act on behalf of that accredited regional services commission and to charge fees, in the amount provided for by the regulations, (

i) to the accredited regional services commission for any permit issued by the safety codes officer and for any material or service that is provided by the safety codes officer, (ii) to the owner of a premises or place for any material or services provided by the safety codes officer, and (iii) to the recipient of any permit issued by the safety codes officer; (

c) by order, cancel or suspend the regional services commission’s designation as an accredited regional services commission.

(4) An order under this

section must be published in The Alberta Gazette.

(5) The Minister may delegate any or all of the Minister’s powers under this

section to the Council, and if the Council refuses to designate a regional services commission as an accredited regional services commission or cancels or suspends the designation of an accredited regional services commission, the regional services commission may appeal the refusal, cancellation or suspension to the Minister.

(7) Section 25(1) is amended 19

(7) Section 25(1) presently reads: 25

(1) If an accredited m unicipality and an accredited corporation are authorized to adm inister the sam e part of this Act w ith respect to the sam e thing, process or activity at the sam e location, the 19 Explanatory Notes

(

a) by striking out “an accredited municipality” and substituting “an accredited municipality, an accredited regional services commission”; (

b) by striking out “the accredited municipality” and substituting “the accredited municipality, the accredited regional services commission”.

(8) Section 29 is amended by adding the following after subsection (2):

(2.1) An accredited regional services commission shall provide for safety codes officers for the purpose of administering all or part of this Act that it is authorized to administer.

(9) Section 33(1) is amended by striking out “Administrator or accredited municipality” and substituting “Administrator, accredited municipality or accredited regional services commission”.

(10) Section 45 is amended (

a) by adding the following after subsection (4):

(4.1) A person who is served with an order under subsection (4) may, within 14 days of being served, submit a written request to the Administrator for a review of the order. 20

M inister m ay direct w hether the accredited m unicipality or the accredited corporation m ay adm inister this Act w ith respect to that thing, process or activity.

(8) Section 29 presently reads: 29

(1) In accordance w ith the Public Service Act, there m ay be appointed safety codes officers for the adm inistration of all or part of this Act anyw here in Alberta.

(2) A local authority shall provide for safety codes officers for the purpose of adm inistering all or part of this Act that an accredited m unicipality is authorized to adm inister.

(3) An accredited corporation shall provide for safety codes officers for the purpose of adm inistering all or part of this Act that it is authorized to adm inister.

(4) An accredited agency shall provide for safety codes officers for the purposes of providing services under this Act that it is authorized to provide.

(9) Section 33(1) presently reads: 33(1) If a person refuses to allow a safety codes officer to exercise his pow ers under this Act or interferes or attem pts to interfere w ith a safety codes officer in the exercise of his pow ers under this Act, an Adm inistrator or accredited m unicipality m ay apply to the C ourt of Q ueen’s Bench by w ay of originating notice for an order (

a) restraining that person from preventing or in any m anner interfering w ith a safety codes officer in the exercise of his pow ers under this Act, and (

b) for the purposes of providing protection, authorizing a police officer to accom pany the safety codes officer on an inspection, review , exam ination or evaluation under this Act.

(10) Section 45 presently reads in part:

(4) O n issuing an order, the safety codes officer shall serve a copy on the person to w hom it is issued in accordance w ith the regulations and send a copy of it to an Adm inistrator in a form and w ithin the tim e satisfactory to the Adm inistrator. (5 ) If an Adm inistrator receives a request from a person on w hom an order is served and if the Adm inistrator considers that the order 20 Explanatory Notes

(

b) in subsection (5) by striking out “request” and substituting “request, in accordance with subsection (4.1),”.

(11) Section 46 is amended (

a) in subsection (1) by striking out “30 days” and substituting “35 days”; (

b) in subsection (2) (

i) by striking out “municipality if’ and substituting “municipality or accredited regional services commission if’; (ii) by striking out “municipality, and” and substituting “municipality or accredited regional services commission, and”; (iii) by striking out “Administrator, the accredited municipality and the appellant” and substituting “Administrator and appellant and the accredited municipality or accredited regional services commission”; (

c) in subsection (3) by striking out “under

section 45(5)” and substituting “in accordance with

section 45(4.1)”. (12)

Section 48(5) is amended by striking out “municipality” and substituting “municipality, accredited regional services commission”.

(13) Section 49(2)(b)(ii) is amended by striking out “Administrator or an accredited municipality” and substituting “Administrator, accredited municipality or accredited regional services commission”. 21

(

a) is im proper, im practical or unreasonable, (

b) contains incorrect references or typographical errors, or (

c) does not correct or satisfy concerns about safety, the Adm inistrator m ay, by order, revoke or vary the original order w ithin 21 days of w hen the original order w as served.

(11) Section 46 presently reads: 46(1) A person to w hom an order is issued m ay, if the person objects to the contents of the order, appeal the order to the C ouncil in accordance w ith the C ouncil’s by-law s w ithin 30 days of the date the order w as served on the person.

(2) The C ouncil, on receipt of a notice of appeal, shall send a copy to an Adm inistrator and also to an accredited m unicipality if the subject-m atter of the order is adm inistered by the accredited m unicipality, and the C ouncil shall notify the Adm inistrator, the accredited m unicipality and the appellant of the tim e and place of the appeal.

(3) An appeal m ay proceed under this

section regardless of w hether a request w as m ade under

section 45 (5 ). (12)

Section 48(5) presently reads:

(5) The C ouncil shall serve a copy of its order on the appellant and the Adm inistrator and on the accredited m unicipality and safety codes officer if they w ere sent a copy of the notice of appeal.

(13) Section 49(2)(

b) presently reads:

(2) An appeal under this

section m ay be com m enced w ithin 30 days after receipt of service of the C ouncil’s decision (

b) by serving a copy of the originating notice (

i) on the C ouncil if the appellant is the person to w hom the order under appeal is directed, or (ii) on the C ouncil and on the person to w hom the order under appeal is directed if the appellant is an Adm inistrator or an accredited m unicipality'. 21 Explanatory Notes

(14) Section 51(1) is amended (

a) by striking out “29(2)” and substituting “29(2) or (2.1)”; (

b) in clauses (

a) and (

b) by adding “or accredited regional services commission” after “accredited municipality”.

(15) Section 52(1)(

a) is amended by adding “or an accredited regional services commission” after “accredited municipality”. 22

(14) Section 51(1) presently reads: 5 1(1) A safety codes officer appointed under

section 29 (2), together w ith any person w ho is necessary, m ay enter, at any reasonable tim e, any prem ises or place for the purpose of carrying out an order unless the ow ner refuses to allow or interferes w ith the entry or the carrying out of an order (

a) if a person to w hom the order is issued under

section 45 , 48 or 49 w ith respect to any thing, process or activity under the adm inistration of an accredited m unicipality does not com m ence an appeal of the order w ithin the tim e set out for the com m encem ent of the appeal and the order is not carried out w ithin the tim e set out in the order, and (

b) if the ow ner of the land concerned as registered under the Land Titles Act or, in the case of M etis patented land, the settlem ent m em ber registered in the M etis Settlem ents Land Registry as ow ner of the M etis title, provisional M etis title or an allotm ent in the land has been given w ritten notice of the intention of the accredited m unicipality to carry out the order.

(15) Section 52(1) presently reads: 5 2(1) An Adm inistrator or a safety codes officer appointed under

section 29 (1) and designated by the Adm inistrator, together w ith any person w ho is necessary, m ay enter, at any reasonable tim e, any prem ises or place for the purpose of carrying out an order unless the ow ner refuses to allow or interferes w ith the entry or the carrying out of an order (

a) if a person to w hom an order is issued under

section 45 , 48 or 49 w ith respect to a subject-m atter that is not under the adm inistration of an accredited m unicipality does not com m ence an appeal of the order w ithin the tim e set out for the com m encem ent of the appeal, and the order is not carried out w ithin the tim e set out in the order, and (

b) if the ow ner of the land concerned as registered under the Land Titles Act or, in the case of M etis patented land, the person registered in the M etis Settlem ents Land Registry as ow ner of the M etis title, provisional M etis title or an allotm ent in the land and the persons nam ed by the M inister under subsection (2) have been given w ritten notice of the intention to carry' out the order. 22 Explanatory Notes

(16) Section 53(1) is amended by striking out “Administrator or the accredited municipality” and substituting “Administrator, accredited municipality or accredited regional services commission”.

(17) Section 55 is amended by adding “or accredited regional services commission” after “municipality” wherever it occurs.

(18) Section 59 is amended (

a) in subsection (1) by adding “accredited regional services commissions,” after “accredited municipalities,”; (

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

(1.1) Notwithstanding subsection (1), (

a) an accredited regional services commission must, on request by a municipality, release information to the municipality with respect to the administration of this Act within the municipality, and (

b) an accredited agency must, on request by a municipality, release information to the municipality with respect to the administration of this Act within the municipality. 23

(16) Section 53(1) presently reads: 5 3(1) If a person refuses to allow an Adm inistrator or a safety codes officer or a person law fully accom panying either of them to carry out an order under

section 5 1 or 52 or interferes w ith or attem pts to interfere w ith the carrying out of that order, the Adm inistrator or the accredited m unicipality, as the case m ay be, m ay, w hether or not that person has been prosecuted under

section 63(1) or 63(4)(

c) or (d), apply to the C ourt of Q ueen’s Bench by w ay of originating notice for an order (

a) requiring that person to com ply w ith the order issued under this Act, or (

b) restraining that person from interfering in any m anner w ith the carrying out of an order in accordance w ith

section 5 1 or 52.

(17) Section 55 presently reads: 55 If there is an unsafe condition, accident or fire that involves a thing, process or activity to w hich this Act applies, the ow ner or person designated in the regulations shall, if required by the regulations, forthw ith report it to an Adm inistrator, or to the accredited m unicipality if the thing, process or activity is under the adm inistration of the accredited m unicipality.

(18) Section 59(1) presently reads: 5 9

(1) The M inister, m em bers of the C ouncil, Adm inistrators, accredited m unicipalities, accredited corporations, accredited agencies, safety codes officers and any person em ployed in the adm inistration of this Act shall preserve confidentiality w ith respect to all inform ation and docum ents that com e to their know ledge from em ploym ent in the adm inistration of this Act except (

a) w ith the consent of the ow ner of the thing, process or activity that is the subject-m atter of the inform ation, (

b) if the inform ation is published in statistical form w hereby no place or prem ises is readily identified, unless the regulations authorize their identification, (

c) if the release of inform ation or a docum ent is required by an order of a court, (

d) if the release of inform ation or a docum ent is required by another Act, or (

e) if the release of inform ation or a docum ent is authorized by this Act. 23 Explanatory Notes

(19) Section 61 is amended (

a) in subsection (1)(

p) by striking out “corporations and agencies” and substituting “accredited regional services commissions, accredited corporations and accredited agencies”; (

b) in subsection (2)(

j) by striking out “corporations or agencies” and substituting “accredited regional services commissions, accredited corporations or accredited agencies”. Social Work Profession Act Amends SA 1991 cS-16.5 24(1) The Social Work Profession Act is amended by this section.

(2) Section 12 is amended by adding the following after subsection (1):

(1.1) The Registrar must approve an application for registration as a registered social worker, if the applicant (

a) applies for registration under this subsection as a registered social worker on or after September 1, 1999 but before September 1, 2000; (

b) satisfies the Registrar that the applicant is actively engaged in social work in Alberta; (

c) provides to the satisfaction of the Registrar 2 references from registered social workers attesting to the applicant’s social work practice; (

d) meets the character, reputation and other requirements, except the academic qualification requirements, set out in the regulations for all applicants for registration.

(1.2) A person registered under subsection (1.1) must within 2 years of being registered, complete to the satisfaction of the Registrar additional training in social work ethics and standards of practice for social workers in Alberta.

(1.3) If a person registered under subsection (1) does not comply with subsection (1.2), it is deemed that the Registrar has made a decision to cancel the registration and annual 24

(19) Section 61 presently reads in part: 61(1) The Lieutenant G overnor in C ouncil m ay m ake regulations (

p) governing accredited m unicipalities, corporations and agencies.

(2) If a code, standard or body of rules relating to (

j) accredited m unicipalities, corporations or agencies, Social Work Profession Act 24(1) Amends

chapter S-16.5 of the Statutes of Alberta, 1991.

(2) Section 12 presently reads: 12(1) An application for registration as a registered social w orker shall be approved by the Registrar if the applicant (

a) produces docum entation satisfactory to the Registrar that show s that (

i) the applicant has obtained an undergraduate degree or diplom a in social w ork from an approved social w ork program , or (ii) the U niversities C o-ordinating C ouncil is satisfied that the applicant has a com bination of academ ic qualifications and practical experience that is substantially equivalent to the qualifications required for an undergraduate degree or diplom a in social w ork from an approved social w ork program or that is otherw ise suitable to enable the applicant to practise as a registered social w orker, (

b) has com pleted any term of practical experience set by the U niversities C o-ordinating C ouncil, (

c) has passed the exam ination, if any, approved by the U niversities C o-ordinating C ouncil, and (

d) m eets the character and other requirem ents prescribed in the regulations.

(2) N otw ithstanding subsection (1), the Registrar shall approve an application for registration as a registered social w orker if the applicant 24 Explanatory Notes

certificate in accordance with

section 15 two years after the date of the registration was approved under subsection (1.1). Vital Statistics Act Amends RSA 1980 cV-4 25(1) The Vital Statistics Act is amended by this section.

(2) Section 9 is amended by adding the following after subsection (2):

(2.1) Notwithstanding subsection (2)(b)(ii) or (iii), where there is an adoption by a step-parent under the C hild W elfare Act, the substituted registration of adoption may show, at the request of the adopting parent, the adopting parent as a parent of the adopted person, together with particulars pertaining to the adopting parent. Wildlife Act Amends SA 1984 cW-9.1 26(1) The Wildlife Act is amended by this section.

(2) Sections 6 and 7 are repealed. 25

(

a) produces docum entation satisfactory to the Registrar show ing that he w as eligible for m em bership in the Association as a registered social w orker on the date on w hich this Act cam e into force, and (

b) applies under this Act for registration as a registered social w orker w ithin 2 years after this Act com es into force. Vital Statistics Act 25(1) Amends

chapter V-4 of the Revised Statutes of Alberta 1980.

(2) Section 9 presently reads in part: 9

(1) O n receipt of a certified copy of an order of adoption transm itted under the C hild W elfare Act or Adult Adoption Act, the Director shall register the adoption by endorsing his signature on the copy and thereupon the copy constitutes the registration of the adoption.

(2) If, at the tim e of the registration of the adoption, or at any tim e thereafter, there is in the office of the Director a registration of the birth of the person adopted, the Director, on production of evidence satisfactory to him of the identity of the person shall (

a) delete the original registration from the registration files, and (

b) substitute a registration of adoption in accordance w ith the facts contained in the order of adoption show ing (

i) the date and the place of birth of the adopted person recorded in the original registration, (ii) as the father of the adopted person, the adopting father, together w ith particulars pertaining to him , and (iii) as the m other of the adopted person, the adopting m other, together w ith the particulars pertaining to her. Wildlife Act 26(1) Amends

chapter W-9.1 of the Statutes of Alberta, 1984.

(2) Sections 6 and 7 presently read: 6 The Fish and W ildlife Trust Fund is continued for the attainm ent of the purposes prescribed by the Lieutenant G overnor in C ouncil and of all or any of the follow ing purposes: 25 Explanatory Notes

(

a) funding program s, projects or services prescribed by the Lieutenant G overnor in C ouncil directly or indirectly relating to (

i) w ith respect to w ildlife, fish and endangered species and their habitats, (

A) their protection and enhancem ent in Alberta, (

B) prom otion of their conservation, (

C) increasing public aw areness of them , including provision of public education in their m anagem ent and protection, and (

D) the enforcem ent of legislation directed tow ards their protection and m anagem ent; (ii) the prom otion and enhancem ent of and operation of program s for (

A) education on outdoor recreation associated w ith enjoym ent of live subject anim als, endangered species and other natural resources and law ful hunting, fishing and cam ping, and (

B) safety and aw areness in connection w ith any such m atters; (iii) the enforcem ent of legislation respecting public safety in the outdoors in connection w ith m atters referred to in subclause (ii)(A); (a.1) funding the program established under

section 5( 1); (

b) providing com pensation, in accordance w ith program s, projects or services prescribed by the Lieutenant G overnor in C ouncil, for (

i) dam age or loss caused by w ildlife and m easures taken to prevent such dam age or loss, (ii) dam age or loss occasioned to livestock as a result of the use of a w eapon during an open season, and (iii) dam age to traplines, and (

c) prom oting the use and developm ent of hum ane traps, including the establishm ent and operation of educational program s to those ends. 7(1) The follow ing shall be paid into the Fish and W ildlife Trust Fund: (

a) donations and bequests m ade to the Fund or that are or have been m ade to the G overnm ent for any of the purposes for w hich the Fund is established, 26 Explanatory Notes

(3) Section 64(2) is amended by striking out “450” and substituting “495”.

(4) Section 93.5(1) is amended (

a) in clause (a) (

i) by striking out “into the Fish and Wildlife Trust Fund”; (ii) by striking out “regulations” and substituting “Minister”; (

b) in clause (

b) by striking out “Fund” and substituting “program or subprogram”. 27

(

b) paym ents referred to in

section 9 3.5 , (

c) the w hole or any prescribed portion of any fees and assessm ents paid under this Act that are prescribed as payable into the Fund, (

d) incom e accruing to the Fund, (

e) the net proceeds from a sale or disposal under

section 76(1)(a), and (

f) m oney that accrues from any other program s of the G overnm ent, including program s conducted under agreem ents w ith other governm ents, established or entered into for any of the purposes for w hich the Fund is established.

(2) The M inister m ay m ake paym ents out of the Fish and W ildlife Trust Fund for (

a) m eeting any of the purposes for w hich the Fund is established, (

b) m eeting the expenses of operating the Fund, or (

c) transferring to the C onsolidated C ash Investm ent Trust Fund m oney that is not im m ediately required for purposes m entioned in clause (

a) or (b).

(3) M oney donated or bequeathed to the Fund is subject to any term s and conditions stipulated by the person donating or bequeathing the m oney.

(3) Section 64(2) presently reads:

(2) N otw ithstanding subsection (1), a w ildlife guardian shall not exercise the pow ers of arrest given to a peace officer by

section 450 of the C rim inal C ode (C anada) as adopted by the Provincial O ffences Procedure Act.

(4) Section 93.5(1) presently reads: 9 3.5

(1) W here the court m akes an order under

section 9 3.4(

d) or (

f) directing a person to pay m oney, (

a) the m oney is to be paid into the Fish and W ildlife Trust Fund for the benefit of the program or subprogram established by the regulations that the M inister considers is m ost appropriate having regard to the nature of the offence, and (

b) the am ount due and any interest pavable by law on it constitute a debt due to the C row n in trust for that Fund and m ay be recovered as such. 27 Explanatory Notes

(5) Section 97(1)(

a) is repealed. 28

(5) Section 97( 1) presently reads in part: 97( 1) The Lieutenant Governor in Council may make regulations (

a) respecting the operation and administration of the Fish and Wildlife Trust Fund; 28 Explanatory Notes Title: 1999 (24th, 3rd) Bill 39, Miscellaneous Statutes Amendment Act, 1999

Document details

Collection	Alberta — Bills
Citation	L24 S3 914
Type	bill
Volume / chapter	L24 S3 914
Language	en
Format	json
Source	PROVINCIAL
Identifier	e7e9eb8362a23309fa5c4600a2fd6c08aafa3b0e

Source file is stored in the law ingest library (json).