Bill 53 — Third Session, 23Rd Legislature, 44 Elizabeth Ii the Legislative Assembly of Alberta Bill 53 Miscellaneous Statutes Amendment Act, 1995 (No. 2) (Legislature 23, Session 3)

L23 S3 2117

Alberta — Bills

1995 BILL 53 Third Session, 23rd Legislature, 44 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 53 MISCELLANEOUS STATUTES AMENDMENT ACT, 1995 (NO. 2) THE MINISTER OF JUSTICE AND ATTORNEY GENERAL First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1995 (23rd, 3rd) Bill 53, Miscellaneous Statutes Amendment Act, 1995 (No. 2)

Bill 53 BILL 53 1995 MISCELLANEOUS STATUTES AMENDMENT ACT, 1995 (NO. 2) (Assented to , 1995) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Auditor General Act Amends RSA 1980 cA-49 1 The Auditor General Act is amended by adding the following after

section 30: Records management 31 On the recommendation of the Auditor General, the Select Standing Committee may make an order (

a) respecting the management of records in the custody or under the control of the Office of the Auditor General, including their creation, handling, control, organization, retention, maintenance, security, preservation, disposition, alienation and destruction and their transfer to the Provincial Archives of Alberta; (

b) establishing or governing the establishment of programs for any matter referred to in clause (a); (

c) defining and classifying records; (

d) respecting the records or classes of records to which the order or any provision of it applies. Conflicts of Interest Act Amends SA 1991 cC-22.1 2 The Conflicts of Interest Act is amended by adding the following after

section 44: 1

Records management 44.1 On the recommendation of the Ethics Commissioner, the Standing Committee may make an order (

a) respecting the management of records in the custody or under the control of the Office of the Ethics Commissioner, including their creation, handling, control, organization, retention, maintenance, security, preservation, disposition, alienation and destruction and their transfer to the Provincial Archives of Alberta; (

b) establishing or governing the establishment of programs for any matter referred to in clause (a); (

c) defining and classifying records; (

d) respecting the records or classes of records to which the order or any provision of it applies. Election Act Amends RSA 1980 cE-2 3 The Election Act is amended by adding the following after

section 6.1: Records management 6.2 On the recommendation of the Chief Electoral Officer, the Standing Committee may, subject to

section 149.1, make an order (

a) respecting the management of records in the custody or under the control of the Office of the Chief Electoral Officer, including their creation, handling, control, organization, retention, maintenance, security, preservation, disposition, alienation and destruction and their transfer to the Provincial Archives of Alberta; (

b) establishing or governing the establishment of programs for any matter referred to in clause (a); (

c) defining and classifying records; (

d) respecting the records or classes of records to which the order or any provision of it applies. 2

Environmental Protection and Enhancement Act Amends SA 1992 cE-13.3 4 The Environmental Protection and Enhancement Act is amended in

section 89 (

a) in subsection (2) by striking out “Minister” and substituting “Board”; (

b) in subsection (3) (

i) by striking out “Minister may, if he is” and substituting “Board may, if it is”; (ii) in clause (

b) by striking out “Minister” and substituting “Board”. Forests Act Amends RSA 1980 cF-16 5 The Forests Act is amended by adding the following after

section 51: Time limitation51.1 A prosecution in respect of an offence under this Act or the regulations may not be commenced later than 2 years after the date of the alleged commission of the offence. Freedom of Information and Protection of Privacy Act Amends SA 1994 cF-18.5 6(1) The Freedom of Information and Protection of Privacy Act is amended by this section.

(2) The following is added after

section 61: Records management 61.1 On the recommendation of the Information and Privacy Commissioner, the Standing Committee may make an order (

a) respecting the management of records in the custody or under the control of the Office of the Information and Privacy Commissioner, including their creation, handling, control, organization, retention, maintenance, security, preservation, disposition, alienation and destruction and their transfer to the Provincial Archives of Alberta; (

b) establishing or governing the establishment of programs for any matter referred to in clause (a); (

c) defining and classifying records; 3

(

d) respecting the records or classes of records to which the order or any provision of it applies.

(3) Section 71(1) is amended by adding the following after clause (a.1): (a.2) to investigate complaints respecting any matter referred to in

section 51(2) made against a head of a public body and the Commissioner had been a member, employee or head of that public body or the Commissioner has a conflict with respect to that public body, (a.3) to review, if requested under

section 73.1, a decision, act or failure to act of a head of a public body and the Commissioner had been a member, employee or head of that public body or the Commissioner has a conflict with respect to that public body,

(4) The following is added after

section 73: Review where Commissioner in conflict 73.1(1) This

section applies where the Commissioner is asked under

section 62(1), (2), (3) or (3.1) to review a decision, act or failure to act of a head of a public body and the Commissioner had been a member, employee or head of that public body or the Commissioner has a conflict with respect to that public body.

(2) A person who makes a request to the Commissioner for access to a record or for correction of personal information may ask an adjudicator to review any decision, act or failure to act of the head of the public body that relates to the request.

(3) A third party notified under

section 30 of a decision by the head of a public body to give access may ask an adjudicator to review that decision.

(4) A person who believes that the person’s own personal information has been collected, used or disclosed in violation of

Part 2 may ask an adjudicator to review that matter.

(5) Section 74(2) is amended by striking out “of the Commissioner”. 4

Government Organization Act Amends SA 1994 cG-8.5 7 The Government Organization Act is amended in

Schedule 12 by repealing

section 14(1)(

d) and (e). Legislative Assembly Act Amends SA 1983 cL-10.1 8 The Legislative Assembly Act is amended by adding the following after

section 21: Records management 21.1 The Members’ Services Committee may make an order (

a) respecting the management of records in the custody or under the control of the Legislative Assembly Office, including their creation, handling, control, organization, retention, maintenance, security, preservation, disposition, alienation and destruction and their transfer to the Provincial Archives of Alberta; (

b) establishing or governing the establishment of programs for any matter referred to in clause (a); (

c) defining and classifying records; (

d) respecting the records or classes of records to which the order or any provision of it applies. Motor Vehicle Administration Act Amends RSA 1980 cM-22 9 The Motor Vehicle Administration Act is amended by repealing

section 106(6) and (6.1) and substituting the following:

(6) If a person is found guilty under subsection 259(4) of the Criminal Code (Canada) anywhere in Canada, any operator’s licence held by that person is suspended and that person is thereupon disqualified from holding an operator’s licence for the longer of the following: (

a) a period of 6 months from the date of conviction; (

b) if an order prohibiting that person from driving a motor vehicle on a highway in Canada is made as a result of that conviction, the period for which he is prohibited under that order.

(6.1) If a person is disqualified from holding a licence for the period referred to in subsection (6) and the person is 5

already under suspension or under a prohibition at the time of the finding of guilt, the period of disqualification runs consecutively with that suspension or prohibition. Municipal Government Act Amends SA 1994 cM-26.1 10 The Municipal Government Act is amended in

section 738 by striking out “section 1(1)(i)” and substituting “section 1(1)(p)(vi)”. Municipal Government Amendment Act, 1995 Amends SA 1995 c24 11 The Municipal Government Amendment Act, 1995 is amended in

section 100(12) by striking out “187(1)” and substituting “187(2)”. Ombudsman Act Amends RSA 1980 cO-7 12 The Ombudsman Act is amended by adding the following after

section 29: Records management 29.1 On the recommendation of the Ombudsman, the Select Standing Committee may, subject to

section 29, make an order (

a) respecting the management of records in the custody or under the control of the Office of the Ombudsman, including their creation, handling, control, organization, retention, maintenance, security, preservation, disposition, alienation and destruction and their transfer to the Provincial Archives of Alberta; (

b) establishing or governing the establishment of programs for any matter referred to in clause (a); (

c) defining and classifying records; (

d) respecting the records or classes of records to which the order or any provision of it applies. Public Safety Services Act Amends RSA 1980 cP-30.5 13(1) The Public Safety Services Act is amended by this section.

(2) The title and

chapter number of the Act are repealed and the following is substituted: 6

DISASTER SERVICES ACT

CHAPTER D-36

(3) Section 1 is amended (

a) by adding the following after clause (c): (c.1) “Deputy Minister” means the deputy minister of the Minister; (

b) by repealing clause (g.1).

(4) Section 2 is repealed.

(5) Section 6(

h) is repealed.

(6) In the following provisions “Managing Director” is struck out wherever it occurs and “Deputy Minister” is substituted:

section 4(1);

section 7(1)(b);

section 16(4). Real Estate Act Amends SA 1995 cR-4.5 14(1) The Real Estate Act is amended by adding the following after

section 84: Transitional appointments 84.1 For the purposes of the appointment of the initial members of the Council under

section 6(1)(a), (

d) and (

e) the following applies: (a)

section 6(1)(

a) and (

d) shall be interpreted as if “an industry member" read “a real estate broker or mortgage broker" ; (b)

section 6(1)(

e) shall be interpreted as if “industry members” read “real estate brokers and mortgage brokers” and as if “an industry member” wherever it occurs read “a real estate broker or mortgage broker”.

(2) This

section is deemed to have come into force on the same date that

section 6 of the Real Estate Act came into force. 7 Title: 1995 (23rd, 3rd) Bill 53, Miscellaneous Statutes Amendment Act, 1995 (No. 2)

Document details

Collection	Alberta — Bills
Citation	L23 S3 2117
Type	bill
Volume / chapter	L23 S3 2117
Language	en
Format	json
Source	PROVINCIAL
Identifier	e83b3066edbabd3060ae3e8f5bf5619aebdc3249

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