Schedule 6 -
Intergovernmental and Aboriginal Matters
Schedule 7 - Health
Schedule 7.1 - Health
Services Restricted Activities
Schedule 8 - Joint
Board of Practice
Schedule 9 - Justice
Administration
Schedule 10 - Labour
Statutes Delegation
Schedule 11 - Public
Works, Supply and Services
Schedule 12 -
Registries Administration
Schedule 13 - Social
Housing and Consumer Matters
Schedule 13.1 - Office
of the Utilities Consumer Advocate
Schedule 14 -
Transportation Matters
Schedule 15 - Solicitor
General
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a)“department”
means a department established under section 2;
(b)“Minister”
means a member of the Executive Council of Alberta.
1994 cG‑8.5 s1
Departments and Staff
Establishment of
departments
2(1) The Lieutenant Governor in Council may
(a)establish
departments of the Government that are to be administered by Ministers;
(b)give
names to the departments;
(c)designate
the Ministers who are to administer the departments.
(2) If
the name of a department is changed, a reference to that department in any Act
or regulation is to be read as a reference to the department by its new name.
(3) If
a department is reorganized or disestablished, the Lieutenant Governor in
Council may declare that any reference to that department in any Act or
regulation is to be read as a reference to some other department or part of the
public service.
1994 cG‑8.5 s2
Ministerial seals
3(1) A Minister may have a seal of office in a form
the Lieutenant Governor in Council authorizes.
(2) The
seal may be reproduced by engraving, lithography, printing or any other method
of reproduction and when so reproduced has the same force and effect as if it
had been manually affixed.
1994 cG‑8.5 s3
Deputy ministers
4(1) In accordance with the Public Service Act, there may be appointed a deputy minister for
each Minister.
(2) The
Lieutenant Governor in Council may authorize more than one deputy for a
Minister if the duties of that Minister make it advisable and may designate the
name of office of each deputy so authorized.
(3) For
the purposes of the Public Service Act,
each deputy minister is a chief officer of a department.
1994 cG‑8.5 s4
Staff
5 In accordance with the Public Service Act, there may be
appointed any employees required to enable each Minister to carry out matters
under the Minister’s administration.
1994 cG‑8.5 s5
Services of experts
6(1) A Minister may engage the services of experts
or persons having special, technical or other knowledge to advise the Minister
or to inquire into and report to the Minister on matters under the Minister’s
administration.
(2) A person whose services are engaged under this
section may be paid the remuneration and expenses determined by the Minister.
1994 cG‑8.5 s6
Advisory boards,
committees or councils
7(1) A Minister may establish any boards, committees
or councils that the Minister considers necessary or desirable to act in an
advisory or administrative capacity in connection with any matters under the
Minister’s administration.
(2) The
Minister may, with respect to any board, committee or council established under
this section,
(a)appoint
or provide for the manner of the appointment of its members,
(b)prescribe
the term of office of any member,
(c)designate
a chair, vice‑chair and secretary, and
(d)authorize,
fix or provide for the payment of remuneration and expenses to its members.
(3) A
board, committee or council established pursuant to this section may, with the
approval of the Minister, make rules governing the calling of its meetings, the
procedure to be used at its meetings, the conduct of business at its meetings,
reporting and any other matters as required.
(4) A
board, committee or council established pursuant to this section may exercise
the powers and shall perform the duties and functions that the Minister
approves or confers or imposes on it.
(5) The
Minister may require any person appointed to a board, committee or council
established under this section, before beginning the person’s duties, to take
an oath that the person will not, except as authorized by the Minister, divulge
any information received by the person in the course of the person’s duties as
a member of the board, committee or council.
1994 cG‑8.5 s7
Ministerial Powers
Establishing programs
8(1) A Minister may establish or operate any
programs and services the Minister considers desirable in order to carry out
matters under the Minister’s administration.
(2) A
Minister may institute inquiries into and collect information and statistics
relating to any matter under the Minister’s administration.
1994 cG‑8.5 s8
Delegation of powers and
duties
9(1) A Minister may in writing delegate any power,
duty or function conferred or imposed on the Minister by this Act or any other
Act or regulation to any person.
(2) Subsection
(1) does not apply to any power or duty of a Minister to make regulations as
defined in the Regulations Act.
1994 cG‑8.5 s9
Information sharing to
combat terrorism
9.1(1) In
this section, “terrorist activity” means terrorist activity within the meaning
of the Criminal Code (Canada).
(2) A Minister may share with
(a)the
government of a foreign jurisdiction, the Government of Canada or the
government of any province or territory, or a department, agency, board or
commission of such a government,
(b)another
department of the Government of Alberta, or an agency, board or commission of
the Government of Alberta, or
(c)a
police service in or outside Canada
information that is
relevant for the purpose of combating terrorist activity.
(3) A government, department, agency,
board, commission or police service that receives information referred to in
subsection (2) may use the information only for the purposes for which it was
provided and may not release any of that information without the consent of the
appropriate Minister.
2002 c32 s8
Agreements
10(1) Subject to section 11, a Minister may enter
into agreements on or in connection with any matter under the Minister’s
administration.
(2) Without
limiting subsection (1), agreements may be made under it with
(a)the
Government of Canada or the government of a province or territory or any agency
of the Government of Canada or the government of a province or territory, or
(b)with
the government of a foreign country or any state or agency of it.
(3) The Crown, Ministers of the Crown
and agents of the Crown have and have always had the capacity to enter into
agreements with each other or themselves in the same or different capacities.
RSA 2000 cG‑10
s10;2007 cA‑26.5 s22
Intergovernmental
agreements
11(1) In this section,
(a)“intergovernmental
agreement” means an agreement or arrangement under which
(i)one of the parties is the Government of Alberta or a Minister or
Provincial agency, and
(ii)the other party or one of the other parties is the Government of
Canada or a minister, agency or official of it, the government of another
province or territory of Canada or any minister, agency or official of it, or
the government of a foreign country or any state, minister, agency or official
of it;
(a.1)“Provincial
agency” means Provincial agency as defined in the Financial Administration
Act;
(b)“responsible
Minister” means the Minister determined under section 16 as the Minister
responsible for this section.
(2) Notwithstanding
any other Act, an intergovernmental agreement to which this section applies is
not binding on the Government of Alberta or any Minister, Provincial agency or
official of the Government of Alberta unless
(a)it
is signed on behalf of the Government of Alberta by the responsible Minister,
if the agreement is designated by the regulations as an agreement that is to be
signed on behalf of the Government by the responsible Minister only,
(b)it
is signed on behalf of the Government of Alberta by the responsible Minister in
addition to any other Minister authorized by law to sign it, if the agreement
is designated by the regulations as an agreement that is to be signed by the
responsible Minister in addition to another Minister authorized by law to sign
it, or
(c)it
is approved by the responsible Minister, in any other case.
(3) The
responsible Minister may make regulations
(a)designating
the classes of intergovernmental agreements that are to be signed on behalf of
the Government of Alberta by the responsible Minister only;
(b)designating
the classes of intergovernmental agreements that are to be signed on behalf of
the Government of Alberta by the responsible Minister in addition to any other
Minister authorized by law to sign them;
(c)designating
the classes of intergovernmental agreements to which this section does not
apply;
(d)providing
that specific entities are not Provincial agencies for the purpose of this
section.
(4) When
under any enactment a Minister is authorized to sign an intergovernmental
agreement and the agreement is of a class designated by the regulations under
subsection (3)(a) as one that is to be signed on behalf of the Government of
Alberta by the responsible Minister only, the responsible Minister shall sign
the agreement in place of that other Minister and with the same effect as if it
were signed by that other Minister.
(5) No
intergovernmental agreement shall be entered into or signed on behalf of the
Government of Alberta or by or on behalf of a Minister or Provincial agency
otherwise than in accordance with this section.
(6) When
under any Act an intergovernmental agreement requires the approval or
authorization of the Lieutenant Governor in Council, the approval or
authorization must also be given in accordance with this section,
notwithstanding anything in that Act.
RSA 2000 cG‑10
s11;2005 c28 s6
Fees
12(1) A Minister may charge fees in connection with
the provision of any service, material or program, the performance of any
function or the doing of any thing
(a)by
the Minister or the department administered by the Minister, or
(b)by
any board, commission, council or other agency for which the Minister is
responsible.
(2) The
authority to charge a fee under subsection (1) is in addition to and not in
substitution for any other authority to charge a fee.
1994 cG‑8.5 s12
Grants
13(1) A Minister may make grants if
(a)the
Minister is authorized to do so by regulations under this section, and
(b)there
is authority available in a supply vote for the purpose for which the grant is
to be made.
(2) The
Lieutenant Governor in Council may make regulations applicable to a Minister
(a)authorizing
the Minister to make grants;
(b)respecting
the purposes for which grants may be made;
(c)governing
applications for grants;
(d)respecting
the persons or organizations or classes of persons or organizations eligible
for grants;
(e)respecting
the conditions required to be met by any applicant for a grant to render that
person or organization eligible for the grant;
(f)empowering
the Minister in particular circumstances to waive eligibility criteria
prescribed under clause (d) or (e);
(g)respecting
the conditions on which a grant is made and requiring the repayment of the
grant to the Government if the conditions are not met;
(h)providing
for the payment of a grant in a lump sum or by instalments and prescribing the
time or times when the lump sum or the instalments may be paid;
(i)authorizing
the Minister to make deductions from a grant and prescribing the circumstances
under which the deductions may be made;
(j)limiting
the amount of a grant or class of grant;
(k)authorizing
the Minister to delegate in writing to any employee of the Government any power
conferred or duty imposed on the Minister by this section or the regulations;
(l)requiring
a person or organization receiving a grant to account for the way in which the
grant is spent in whole or in part;
(m)authorizing
the Minister to enter into an agreement with respect to any matter relating to
the payment of a grant.
(3) A
regulation made under subsection (2) may be specific or general in its
application.
(4) Notwithstanding
subsection (2)(g), the Minister may impose further conditions not prescribed in
the regulations on the making of a particular grant.
1994 cG‑8.5 s13
Acquisition and disposal
of property
14(1) A Minister may, for purposes approved by the
Lieutenant Governor in Council, acquire any estate or interest in land and any
personal property in conjunction with that land.
(2) Land
acquired under this section is under the administration of the Minister
responsible for the Public Lands Act
unless the Lieutenant Governor in Council, by order, directs that it is under
the administration of the Minister who acquired the land or some other Minister.
(3) A
Minister may sell, lease or otherwise dispose of any estate or interest in land
under the Minister’s administration and any personal property acquired by the
Minister under this section.
1994 cG‑8.5 s14
Acting Ministers
Acting Ministers
15(1) The Lieutenant Governor in Council may
designate a Minister, by the Minister’s name of office or personal name, as
acting Minister who may exercise the powers, duties and functions of another
Minister.
(2) A
power, duty or function conferred or imposed by an Act or regulation to be
exercised or performed by the holder of a portfolio that no longer exists may
be exercised or performed
(a)by
the Minister designated by the Lieutenant Governor in Council under subsection
(1) as acting Minister for the holder of that portfolio, or
(b)by
a deputy or acting deputy of the former holder of that portfolio or, if there
is no such person, by a deputy or acting deputy of the acting Minister.
(3) Subsection
(2)(b) does not authorize a deputy or acting deputy to exercise any authority
conferred on a Minister to make a regulation as defined in the Regulations Act.
1994 cG‑8.5 s15
Transfer of
Responsibilities
Responsibility for Acts
16(1) The Lieutenant Governor in Council may, by
regulation,
(a)designate
a Minister by the Minister’s personal name or name of office as the Minister
responsible for an Act;
(b)transfer
the responsibility for an Act to another Minister in the Minister’s personal
name or name of office;
(c)transfer
a power, duty or function of a Minister contained in an Act or regulation to
another Minister in the Minister’s personal name or name of office.
(2) If
a Minister is transferred the responsibility for an Act under subsection
(1)(b), then notwithstanding anything in that Act
(a)a
reference in that Act or a regulation under it to a Minister is to be read as a
reference to the Minister to whom the responsibility is transferred,
(b)a
reference in that Act or a regulation under it to the deputy of a Minister is
to be read as a reference to the deputy of the Minister to whom the
responsibility is transferred, and
(c)a
reference in that Act or a regulation under it to the department of a Minister
is to be read as a reference to the department of the Minister to whom the
responsibility is transferred.
(3) If,
under subsection (1)(c), a Minister is transferred the responsibility for the
exercise or discharge of a power, duty or function contained in a provision of
an Act or regulation, then notwithstanding anything in that provision
(a)a
reference in that provision to a Minister is to be read as a reference to the
Minister to whom the responsibility is transferred,
(b)a
reference in that provision to the deputy of a Minister is to be read as a
reference to the deputy of the Minister to whom the responsibility is
transferred, and
(c)a
reference in that provision to the department of a Minister is to be read as a
reference to the department of the Minister to whom the responsibility is
transferred.
(4) Two
or more Ministers may be given common responsibility for the same Act, and in
that case any reference in the Act or a regulation under that Act to a
Minister, the Minister’s deputy or the Minister’s department is to be read as a
reference to any of those Ministers and their deputies and departments.
(5) Two
or more Ministers may be given common responsibility for the exercise or
discharge of the same provision of an Act or regulation, and in that case any
reference in the provision to a Minister, the Minister’s deputy or the
Minister’s department is to be read as a reference to any of those Ministers
and their deputies and departments.
(6) If
an Act identifies a Minister as the member of the Executive Council charged
with the administration of the Act, that reference is to be read as a reference
to the Minister designated under subsection (1) as the Minister responsible for
that Act.
1994 cG‑8.5 s16
Transfer of programs,
public service, etc.
17 The Lieutenant Governor in Council may,
by regulation, transfer the responsibility for any program, service, function
or part of the public service from one Minister to another Minister in the
Minister’s personal name or name of office.
1994 cG‑8.5 s17
Transfer of
appropriation
18(1) In this section, “appropriation” means an
appropriation as defined in the Financial
Administration Act.
(2) If
a responsibility under section 16 or 17 is transferred to a Minister, the
Lieutenant Governor in Council may, by regulation, order that all or part of an
appropriation to be expended for the purpose of the transferred responsibility
be expended by or through that Minister or be transferred to that Minister for
administration.
1994 cG‑8.5 s18
Specific Powers, Duties
and Functions
Schedule of specific
powers, etc.
19 Each Schedule to this Act sets out
specific powers, duties or functions to be exercised or performed by the
Minister determined under section 16 as the Minister responsible for that
Schedule.
1994 cG‑8.5 s19
Schedules
In the Schedules,
“Minister” means the Minister determined under section 16 of the Act as the
Minister responsible for the Schedule.
Schedule 1
Advanced Education
Definition
1 In this Schedule, “provincially administered
institution” means an advanced education institution owned by the Government
and operated as part of the department that the Minister administers.
Regulations
2 The Minister may make regulations
(a)for
the establishment, operation, administration and management of provincially
administered institutions;
(b)respecting
fees and other charges to be charged for any matter or service provided by or
for a provincially administered institution;
(c)concerning
programs offered or to be offered by a provincially administered institution;
(d)providing
for the co‑ordination of programs and services between 2 or more institutions
offering advanced education programs or services;
(e)respecting
the establishment of advisory or administrative committees at provincially
administered institutions.
Donations
and loans
3(1) The Minister may, where the Minister
is authorized to do so by a regulation made under subsection (3), acquire real
or personal property by gift or bequest.
(2) The
Minister may donate or lend property acquired under subsection (1) to a person
or organization.
(3) The
Lieutenant Governor in Council may make regulations
(a)respecting
the acquisition of property under subsection (1), and
(b)providing
for any matter in relation to the donation or loan of property under subsection
(2) that may be provided for in relation to grants under section 13 of the Act.
(4) Section
13(3) and (4) of the Act apply to donations and loans as they apply to grants.
1994 cG‑8.5 Sched.
1
Schedule 2
Agriculture
Exclusive responsibility
1 That part of the administration of the
Government relating to agriculture is under the responsibility of the Minister,
unless administration is specifically assigned under this or another Act to
some other person.
1994 cG‑8.5 Sched.
2
Schedule 3
Career Development
Immigration program
1(1) The Minister is responsible for
programs and services of the Government of Alberta relating to immigration to
Alberta.
(2) The
Lieutenant Governor in Council may make regulations respecting programs and
services relating to immigration to Alberta.
Donations
and loans
2(1) The Minister may, where the Minister
is authorized to do so by a regulation made under subsection (3), acquire
personal property.
(2) The
Minister may donate or lend property acquired under subsection (1) to a person
or organization.
(3) The
Lieutenant Governor in Council may make regulations
(a)respecting
the acquisition of property under subsection (1), and
(b)providing
for any matter in relation to the donation or loan of property under subsection
(2) that may be provided for in relation to grants under section 13 of the Act.
(4) Section
13(3) and (4) of the Act apply to donations and loans as they apply to grants.
1994 cG‑8.5 Sched.
3;1997 c18 s10
Schedule 3.1
Community Development Matters
Appointed conservation
officers
1 The Minister may appoint as
conservation officers employees of the Crown who are subject to the Public
Service Act.
Conservation
officers by virtue of appointments to other offices
2 The following individuals are
conservation officers by virtue of their appointments to the offices
respectively referred to, namely individuals appointed as
(a)members
of the Royal Canadian Mounted Police,
(b)members
of another police service specified in writing by the Minister,
(c)fishery
officers, under the Fisheries Act (Canada),
(d)wildlife
officers, under section 1.1(1) of the Wildlife Act,
(e)forest
officers, under section 2 of the Forests Act, and
(f)other
peace officers specified in writing by the Minister.
Powers,
duties, jurisdiction and functions of conservation officers
3(1) Conservation officers have the powers, duties and functions
assigned to them by law.
(2) The Minister may in writing restrict
or negate the jurisdiction relative to which a class of conservation officer
referred to in section 2 is entitled to act under any law.
(3) A conservation officer, in the
exercise of the powers and the execution of the duties of a conservation
officer, is a person employed for the preservation and maintenance of the
public peace.
(4) Appointments of conservation
officers that were made under section 7(1) of Schedule 5 before the
commencement of this section and that were still in force immediately before
that time remain valid for the duration of their terms and are deemed to be
appointments made under section 1.
2002 c30 s10
Schedule 4
Education
Exclusive responsibility
1 That part of the
administration of the Government relating to education is under the
responsibility of the Minister, unless responsibility is specifically assigned
under this or another Act to some other person.
1994 cG‑8.5 Sched.
4
Schedule 5
Environmental Matters
Definitions
1 In this Schedule,
(a)“environment”
means environment as defined in the Environmental
Protection and Enhancement Act;
(b)“government
agency” means
(i)a corporation that is an agent of the Government, or
(ii)a corporation, commission, board or other body whose members are
appointed by an Act of the Legislature, the Lieutenant Governor in Council or a
Minister of the Government, or any combination of them;
(c)“natural
resources” means land, plant life, animal life, water and air.
Acquisition
of land
2(1) The Minister may purchase or
expropriate any estate or interest in land and may purchase any personal
property in conjunction with the land
(a)for
the purpose of carrying out any agreement entered into between the Minister and
the government of another jurisdiction or agency of such a government, a
government agency or any other person,
(b)for
the purpose of any program or development project relating to the protection,
enhancement and wise use of the environment, or
(c)for
any other purpose related to a matter under the administration of the Minister.
(2) Land
acquired under this section is under the administration of the Minister
responsible for the Public Lands Act
unless, before or after the acquisition, the Lieutenant Governor in Council, by
order, directs that it is under the administration of the Minister responsible
for this Schedule or some other Minister.
Declaration
of state of emergency
3(1) On the report of the Minister
(a)that
circumstances exist whereby the environment in any part of Alberta has been, is
being or is likely to be destroyed, damaged or polluted, and
(b)that
urgent co‑ordinated action is required for the purpose of preventing,
alleviating, controlling or stopping the destruction, damage or pollution,
the Lieutenant
Governor in Council may by order declare that a state of emergency exists with
respect to those circumstances for the purposes of this section.
(2) When
the Lieutenant Governor in Council has made an order under subsection (1), the
Minister or any employee of the Minister’s Department authorized by the
Minister for the purpose may
(a)require
any officer or employee of the Government or a government agency to provide the
officer’s or employee’s services,
(b)require
any municipal corporation or any other corporation or organization to provide
its services, or
(c)require
any other person not exempted by the regulations to provide the person’s
services,
for the purposes of
preventing, alleviating, controlling or stopping the destruction, damage or
pollution referred to in the order.
(3) A
person who refuses or neglects to comply with any requirement directed to the
person under subsection (2) is guilty of an offence and liable to a fine of not
less than $25 and not more than $300 and in default of payment to imprisonment
for a term of not more than 90 days or to both fine and imprisonment.
(4) The
Lieutenant Governor in Council may make regulations
(a)exempting
any persons or classes of persons from the operation of subsection (2)(c);
(b)prescribing
rates of pay or remuneration to be paid to persons who provide services
pursuant to subsection (2);
(c)prescribing
the rates of remuneration to be paid to persons who furnish or permit the use
of equipment pursuant to subsection (2).
(5) This
section does not apply to the prevention, control and suppression of forest and
prairie fires.
Restricted Development
Areas
4(1) The Lieutenant Governor in Council
may by regulation establish any part or parts of Alberta as a “Restricted
Development Area” or a “Water Conservation Area” (in this section called “the
Area”) on the report of the Minister that the establishment of the Area is
necessary in the public interest to co‑ordinate and regulate the development
and use of the Area for the purpose of
(a)preventing,
alleviating, controlling or stopping the destruction, damage or pollution of
any natural resources in or adjacent to the Area,
(b)protecting
a watershed in or adjacent to the Area,
(c)retaining
the environment of the Area in a natural state or in a state suitable for
recreation or the propagation of plant or animal life,
(d)preventing
the deterioration of the quality of the environment of the Area by reason of
the development or use of land in the Area incompatible with the preservation
of that environment,
(e)confining
to land within the Area
(i)any operation, activity, use, development or occupation of land
(A)that adversely affects or is likely to
adversely affect the quality or quantity of any natural resource, or
(B)that destroys, disturbs, pollutes, alters or
makes use of a natural resource, or is likely to do so,
or
(ii)any emission, discharge, noise or other environmental pollutant,
or its source, whether from any commercial, industrial or other operation,
activity, use, development or occupation of land, or
(f)separating
(i)any operation, activity, use, development or occupation of land
(A)that adversely affects or is likely to
adversely affect the quality or quantity of any natural resource, or
(B)that destroys, disturbs, pollutes, alters or
makes use of a natural resource, or is likely to do so,
or
(ii)any emission, discharge, noise or other environmental pollutant,
or its source, whether from any commercial, industrial or other operation,
activity, use, development or occupation of lands
from any operation,
activity, use, development or occupation of adjacent land.
(2) Notwithstanding
any other Act, when the Lieutenant Governor in Council establishes a Restricted
Development Area or Water Conservation Area, the Lieutenant Governor in Council
may, in the same regulation or in any subsequent regulation, provide for
(a)the
control, restriction or prohibition of any kind of use, development or
occupation of land in the Area prescribed in the regulations;
(b)authorizing
the Minister to consent to or approve any particular kind of use, development
or occupation of land in the Area or to exempt any particular kind of use,
development or occupation from the operation of any provision in the
regulations made pursuant to clause (a);
(c)the
control, restriction or prohibition of the exercise of any power specified in
the regulations by any specified Minister of the Crown, government official or
government agency;
(d)the
removal of any buildings, improvements, materials or animals from the Area, and
the payment of compensation by the Crown for any loss resulting from it;
(e)the
control, restriction or prohibition of the dumping, deposit or emission within
the Area of any substance specified in the regulations;
(f)the
authorizing of the acquisition by purchase or expropriation by the Minister of
any estate or interest in land in the Area;
(g)the
authorizing of the purchase by the Minister on behalf of the Crown in right of
Alberta of all of the shares and debentures of any corporation that
(i)on the date of the purchase is the registered owner of an estate
or interest in land that is wholly or partly within the Area,
(ii)has been the registered owner of the estate or interest from the
date the Area was established,
(iii)owns the estate or interest in land free and clear of any
encumbrances, other than encumbrances to which the Minister agrees,
(iv)has no assets other than the estate or interest in land, and
(v)has no outstanding liabilities other than debentures,
and the authorizing of the
Minister to do all things that are necessary to transfer the estate or interest
in the land to the Crown in right of Alberta;
(h)making
any or all of the provisions of the Surface
Rights Act inapplicable to any land of the Crown in the Area;
(i)the
prohibition, with respect to any land of the Crown in the Area, of any
expropriation to which the Expropriation
Act applies;
(j)any
other matter or thing necessary or incidental to the protection or improvement
of the environment of the Area.
(3) The
Lieutenant Governor in Council may not establish an Area that covers all or
part of a Metis settlement or make or amend a regulation under subsection (2)
that applies to an Area that covers all or part of a Metis settlement unless
the Minister consults with the Metis settlement and the Metis Settlements
General Council.
(4) When
a regulation is made under this section, the Minister shall file a notice to
that effect together with a certified copy of the regulation with the Registrar
of Land Titles and, on such filing, the Registrar shall endorse a memorandum of
the notice on each certificate of title pertaining to land within the Area.
(5) When
a regulation under this section is amended,
(a)the
Minister shall file a further notice respecting the amending regulation
together with a certified copy of the amending regulation;
(b)the
Registrar of Land Titles shall keep the further notice with the original notice
and shall treat them as one document;
(c)subject
to subsections (6) and (7), the Registrar of Land Titles shall not make any
further endorsement on any certificate of title in respect of the further
notice.
(6) When
a regulation under this section is amended and the effect of the amendment is
to add land to an Area, the Registrar of Land Titles shall, on receiving the
Minister’s further notice under subsection (5), endorse on each certificate of
title for the additional land a memorandum of the original notice under
subsection (4) and the further notice under subsection (5).
(7) When
a regulation under this section is amended and the effect of the amendment is
to remove any land from an Area, the Registrar of Land Titles shall, on
receiving the Minister’s further notice under subsection (5), cancel the
memorandum of the original notice under this section on each certificate of
title to the land so removed.
(8) When
a regulation under this section is rescinded and not replaced, the Minister
shall file a notice to that effect and a copy of the rescinding regulation with
the Registrar of Land Titles who shall, on such filing, cancel the memorandum
of the original notice on each certificate of title to the land previously
within the Area.
(9) When
a regulation under this section is rescinded and replaced by another
regulation, the Minister shall file with the Registrar of Land Titles a notice
to that effect and a certified copy of the new regulation and the Registrar
shall,
(a)with
respect to land that was subject to the rescinded regulation and is also
subject to the new regulation, cancel the memorandum on the certificate of
title for the land of the notice pertaining to the rescinded regulation and
endorse a memorandum on it of the notice pertaining to the new regulation,
which notice shall be then treated as a notice under subsection (4);
(b)with
respect to land that was subject to the rescinded regulation but is not subject
to the new regulation, cancel the memorandum of the notice on the certificate
of title for the land;
(c)with
respect to land that was not subject to the rescinded regulation but is subject
to the new regulation, treat the notice as a notice under subsection (4) and
act accordingly.
(10) On
the filing with the Registrar of Land Titles of a notice under subsection (4),
(5), (8) or (9), the Registrar shall send a notification respecting the filing
of the notice, but without sending a copy of the regulations, amending
regulations or rescinding regulations to which the notice relates, by mail or
otherwise, to each registered owner on whose title a memorandum of the notice
is endorsed.
(11) Notwithstanding
subsection (10), the Minister shall send, by mail or otherwise, to each person
shown on the certificate of title as having a subsisting estate or interest in
the land affected by any regulation, amending regulation or rescinding
regulation referred to in subsection (4), (5), (8) or (9), at the last address
shown for that person on the certificate of title, a copy of the regulation,
amending regulation or rescinding regulation, as the case may be, together with
a notification relating thereto containing the information that the Minister
may prescribe.
(12) If
the Area covers patented land as defined in the Metis Settlements Act, subsections (4) to (11) insofar as they
apply to that land are to be read with the following modifications:
(a)references
to the Registrar of Land Titles are to be read as the Registrar of the Metis
Settlements Land Registry;
(b)references
to certificate of title are to be read as Metis title register.
(13) The
validity or operation of a regulation under this section is not dependent on
the filing of any notice by the Minister with the Registrar of Land Titles
under this section.
(14) Notwithstanding
the enforcement of priority provisions in the Metis Settlements Land Registry Regulation (AR 361/91), the
validity or operation of a regulation under this section is not dependent on
the filing of any notice by the Minister with the Registrar of the Metis
Settlements Land Registry.
(15) Where
the Minister has, before December 15, 1975, filed a caveat under the Land Titles Act against the certificate
of title to any land in an Area purporting to claim an interest in the nature
of regulatory restrictions on the uses of that land pursuant to a regulation
under this section, the caveat is deemed for all purposes to be a notice by the
Minister under subsection (4) and to have been filed under subsection (4).
Enforcement
orders
5(1) Where in the Minister’s opinion a
person has contravened section 4 or the regulations under section 4, the
Minister may issue an enforcement order to that person ordering that person to
do any or all of the following:
(a)cease
the contravention specified in the order;
(b)stop
any operations or shut down or stop the operation of any plant, equipment or
structure either permanently or for a specified period;
(c)take
any other measures that the Minister considers necessary to
(i)facilitate compliance with the applicable provision, or
(ii)protect or restore the environment.
(2) An
enforcement order shall contain the reasons for making it and must be served on
the person to whom it is directed.
(3) The
Minister may by order
(a)amend
a term or condition of, add a term or condition to or delete a term or
condition from an enforcement order,
(b)cancel
an enforcement order, or
(c)amend
a clerical error in an enforcement order.
(4) A
copy of an order issued under subsection (3) must be served on the same person
to whom the original enforcement order was directed.
(5) If
the person to whom an enforcement order is directed fails to comply with the
enforcement order, the Minister may apply to the Court of Queen’s Bench for an
order of the Court directing that person to comply with the enforcement order.
(6) If
the person to whom an enforcement order is directed fails to comply with the
enforcement order, the Minister may take whatever action the Minister considers
necessary to carry out the terms of the enforcement order.
(7) Costs
under this section are recoverable by the Government
(a)in
an action in debt against the person to whom the enforcement order was
directed, or
(b)by
order of the Minister directing any person who has purchased land from the
person to whom the enforcement order was directed to pay to the Minister
instead of to the vendor an amount not exceeding the amount owing in respect of
the costs.
(8) For
the purposes of this section, the costs referred to in subsection (7) include,
without limitation, any costs incurred in investigating and responding to
(a)any
matter to which an enforcement order relates, or
(b)the
failure to comply with an enforcement order.
(9) A
purchaser who pays an amount to the Minister under subsection (7)(b) is
discharged from any obligation to pay that amount to the vendor.
Appeal
of enforcement order
6(1) A person to whom an enforcement
order is directed under section 5(1)(a) or (b) may appeal the enforcement order
by submitting a notice of appeal to the Environmental Appeals Board established
under the Environmental Protection and
Enhancement Act.
(2) A
notice of appeal must be submitted not later than 7 days after receipt of a
copy of the enforcement order, but the Environmental Appeals Board may, on
application made before or after the expiry of that period, extend that period
where the Board is of the opinion that there are sufficient grounds to do so.
(3) Subject
to subsection (4), submitting a notice of appeal does not operate to stay the
enforcement order.
(4) The
Minister may stay an enforcement order on the application of the person to whom
an enforcement order was directed.
(5) Where
the Minister stays an enforcement order, the Minister may, if the Minister is
of the opinion that immediate and significant impairment of or damage to the environment,
human health or safety or property may result if certain terms and conditions
of the enforcement order are not carried out,
(a)carry
out whatever action the Minister considers to be necessary to carry out those
terms and conditions and determine the costs of doing so, and
(b)order
the person to whom the enforcement order was directed to provide security to
the Minister in the form and amount the Minister considers necessary to cover
those costs.
(6) Sections
90(3), 91(6) and (7), 92, 94, 95, 96, 99, 100(1)(a) and (c) and (2), 103, 105
and 106(a) and (b) of the Environmental
Protection and Enhancement Act apply in the case of a notice of appeal
submitted under this section, and for those purposes, section 95(5)(a)(v) of
the Environmental Protection and
Enhancement Act shall be read as if it made reference to an order for
security under subsection (5) of this section.
7(1) Repealed 2002 c30 s10.
Offence
8(1) A person who knowingly contravenes
an enforcement order under section 5 is guilty of an offence and liable to,
(a)in
the case of an individual, a fine of not more than $100 000 or to
imprisonment for a period of not more than 2 years, or to both fine and
imprisonment, or
(b)in
the case of a corporation, a fine of not more than $1 000 000.
(2) A
person who contravenes an enforcement order under section 5 is guilty of an
offence and liable to
(a)in
the case of an individual, a fine of not more than $50 000, or
(b)in
the case of a corporation, a fine of not more than $500 000.
(3) No
person shall be convicted of an offence under subsection (2) if that person
establishes on the balance of probabilities that the person took all reasonable
steps to prevent its commission.
Regulations
9 The Lieutenant Governor in Council may make
regulations
(a)prohibiting,
regulating or requiring the doing of any act for the purpose of preventing,
alleviating or stopping soil erosion or anything detrimental to the protection
or preservation of a watershed;
(b)authorizing
the payment of compensation by the Crown to any person for loss or damage to
that person as a result of the application of any regulation under this
Schedule to that person, or an order under this Schedule directed to that
person, prescribing the cases in which the compensation must be paid and the
loss or damage for which the compensation shall be paid, and conferring
jurisdiction on the Court of Queen’s Bench or the Alberta Utilities Commission
in connection with settlement of the compensation to be paid;
(c)authorizing
the Minister to expropriate on behalf of the Crown any estate or interest in
land if the Minister considers it necessary to do so for the purpose of
enforcing or carrying out the provisions of this Schedule or the regulations or
an order under this Schedule;
(d)prescribing,
with respect to any provision of any regulation under this Schedule, that its
contravention constitutes an offence;
(e)prescribing
penalties for offences against any regulations under this Schedule;
(f)empowering
the Minister to prescribe forms for any document used in the course of
administering this Schedule or any Act administered by the Minister;
(g)generally,
providing for any procedure or matter incidental to the carrying out of this
Schedule or any regulations under this Schedule.
(a)is
responsible for the co‑ordination of all policies, programs and activities
of the Government of Alberta and its agencies in relation to the Government of
Canada, the governments of the provinces and territories of Canada, and the
governments of foreign countries or states, and all agencies of those
governments;
(b)shall
conduct a continuing review of
(i)all policies, programs and activities of the Government of
Alberta and its agencies in relation to the Government of Canada, the
governments of the provinces and territories of Canada and the governments of
foreign countries or states,
(ii)all intergovernmental agreements as defined in section 11 of the
Act, and
(iii)all relevant legislation pertaining to those policies, programs,
activities and agreements;
(c)may
be a party to the negotiation of any proposed intergovernmental agreement as
defined in section 11 of the Act;
(d)shall
from time to time take any action the Minister considers necessary to initiate
or maintain intergovernmental co‑operation between the Government of
Alberta and the Government of Canada, the government of a province or territory
of Canada or any government of a foreign country or state.
Agreement
on Internal Trade
Appointment of
screeners under Internal Trade Agreement
2 The Minister may appoint one or more persons as
screeners under Article 1713 of the Agreement on Internal Trade.
Ombudsman
as screener
3(1) The Ombudsman may be appointed as a
screener.
(2) If
the Ombudsman is to be appointed as a screener, the appointment must be made by
the Lieutenant Governor in Council with the prior approval of the Legislative
Assembly.
(3) If
the Legislative Assembly is not sitting, the Lieutenant Governor in Council may
appoint the Ombudsman as a screener with the prior approval of the Standing
Committee on Legislative Offices, but the appointment must be confirmed by the
Legislative Assembly within 30 days after the commencement of the next sitting
of the Legislative Assembly.
(4) If
an appointment under subsection (3) is not confirmed within 30 days after the
commencement of the next sitting of the Legislative Assembly, the appointment
of the Ombudsman as a screener lapses.
(5) The
appointment of the Ombudsman as a screener may be rescinded at any time by the
Lieutenant Governor in Council with the prior approval of the Standing
Committee on Legislative Offices, but the rescission must be confirmed by the
Legislative Assembly within 30 days after the commencement of the next sitting
of the Legislative Assembly.
(6) If
a matter is referred to the Ombudsman as screener and in the opinion of the Ombudsman
there is a conflict with respect to that matter between the Ombudsman’s
function as Ombudsman and the Ombudsman’s function as screener, the Ombudsman
must inform the Minister and the Standing Committee on Legislative Offices of
that conflict.
(7) On
being informed by the Ombudsman under subsection (6), the Minister may
designate another person appointed as a screener to carry out the matter.
(8) A
person employed or engaged in the Office of the Ombudsman may provide
assistance to the Ombudsman in carrying out the Ombudsman’s function as
screener.
Enforcement
of panel awards
4 Where a panel has made an award of costs under
Article 1718(3) of the Agreement on Internal Trade, the person entitled to the
award may at any time file a certified copy of that award with the clerk of the
Court of Queen’s Bench, and on being filed with the clerk of the Court of
Queen’s Bench that award has the same force and effect as if it were a judgment
of the Court of Queen’s Bench.
Trade, Investment and
Labour
Mobility Agreement
Enforcement of TILMA
awards
5(1) In this section,
(a)“panel”
means a panel convened under Article 29 of TILMA;
(b)“TILMA”
means the Trade, Investment and Labour Mobility Agreement between British
Columbia and Alberta, dated April 28, 2006;
(c)“TILMA
award” means
(i)a monetary award issued under Article 29(7) of TILMA
(A)in respect of which judicial review has not
been requested under Article 31(1) of TILMA within the period provided by that
Article,
(B)in respect of which judicial review has been
requested under Article 31(1) of TILMA within the period provided by that
Article and which the court hearing the request has determined should neither
be set aside nor remitted to a panel, or
(C)as confirmed or amended by a panel to which
a court hearing a request for judicial review of an award under Article 31(1)
of TILMA has remitted the award, and in respect of which further judicial
review has not been requested under Article 31(1) of TILMA within the period
provided by that Article,
and
(ii)costs apportioned under Article 32(1) of TILMA;
(d)the
following terms have the meaning given to them by Part VII of TILMA:
(i)administrator;
(ii)Party;
(iii)person.
(2) The Party or person entitled to a
TILMA award may at any time file a certified copy of the TILMA award or of the
compliance report issued under Article 29(6) of TILMA that contains the TILMA
award with the clerk of the Court of Queen’s Bench, and on being filed with the
clerk of the Court of Queen’s Bench the TILMA award has the same force and
effect as if it were a judgment of the Court of Queen’s Bench.
(3) For the purposes of subsection (2),
a copy of a TILMA award or a compliance report must be certified by an
administrator.
RSA 2000 cG‑10
Sched. 6;2005 c28 s6;
2007 c30 s2
Schedule 7
Health
Disposition of
facilities
1(1) In this section,
(a)“Government
health care facility” means any land owned by the Crown in right of Alberta
that is under the administration of the Minister, including buildings and
improvements on the land, and that is used or is suitable for use in providing
diagnostic or treatment services or care for ill or injured persons;
(b)“health
board” means
(i)the owner of a non‑regional hospital as defined in the Hospitals Act;
(ii)the owner of a nursing home as defined in the Nursing Homes Act;
(iii)the Alberta Cancer Board;
(iv)the Alberta Alcohol and Drug Abuse Commission;
(v)a regional health authority under the Regional Health Authorities Act;
(vi)a provincial health board under the Regional Health Authorities Act.
(2) Subject
to the approval of the Lieutenant Governor in Council, the Minister may enter
into an agreement providing for any or all of the following:
(a)the
disposition, by sale, lease or otherwise, of any Government health care
facility to a health board;
(b)the
disposition, by sale, lease or otherwise, to a health board of all or any
specified supplies, equipment or other personal property located in or used in
connection with a Government health care facility;
(c)the
transfer of patients in a Government health care facility and the
responsibility for the care of those patients to the care and responsibility of
a health board;
(d)the
transfer of employees of a Government health care facility to the employment of
a health board described in clause (a), (b) or (c) and the transfer of any
matters incidental to those employees, including salary rates, conditions of
employment and pension plans.
(3) An
agreement under this section may provide terms or conditions with respect to
the matters enumerated in subsection (2).
(4) The
Lieutenant Governor in Council may make any order the Lieutenant Governor in
Council considers necessary for the purpose of implementing or facilitating any
of the matters provided for in an agreement or to alleviate any difficulty
arising in the course of implementing an agreement.
(5) A disposition, by sale, lease or otherwise, of
a Government health care facility or of personal property pursuant to an
agreement under this section may be made for a nominal consideration or for a
price less than its market value.
1994 cG‑8.5 Sched. 7;1994 cR-9.07 s25
Schedule 7.1
Health Services
Restricted Activities
Definitions
1 In this Schedule,
(a)“activity
of daily living” means an activity that individuals normally perform on their
own behalf to maintain their health and well‑being, and includes
(i)routine and invasive self‑care activities, including but
not restricted to the removal of slivers and the cleaning of wounds, and
(ii)specifically taught procedures, which generally result in
predictable and stable responses, including but not restricted to
catheterization, maintenance of drainage tubes and administration of drugs by
injection;
(a.1)“administration
of a drug” means the supplying of a dose of a drug to a person for the purpose
of immediate ingestion, application, inhalation, insertion, instillation or
injection;
(b)“compound”
means to mix together 2 or more ingredients of which at least one is a drug for
the purposes of dispensing a drug or drugs, but does not include reconstituting
a drug or drugs with only water;
(c)“dispense”
means
(i)with respect to drugs, to provide a drug pursuant to a
prescription for a person, but does not include the administration of a drug to
a person;
(ii)with respect to corrective lenses, to verify corrective lenses
objectively to the prescription;
(d)“drug”
means drug as defined in the Pharmacy and
Drug Act;
(e)“health
service” means a service provided to people
(i)to protect, promote or maintain their health,
(ii)to prevent illness,
(iii)to diagnose, treat or rehabilitate them, or
(iv)to take care of the health needs of the ill, disabled, injured or
dying;
(f)“Minister”
means the Minister responsible for the Health
Professions Act;
(g)“restricted
activity” means an activity named as a restricted activity in section 2;
(h)“sell”
includes
(i)distribute, trade or barter for money or other valuable
consideration,
(ii)distributing and giving away without expectation or hope of
compensation or reward,
(iii)keeping for sale, and
(iv)offering for sale;
(i)“surrogate”
means a person authorized by an individual or by the individual’s guardian, if
the guardian is authorized to give such authorization, to assist the individual
in carrying on an activity of daily living.
Restricted activities
2(1) The following, carried out in
relation to or as part of providing a health service, are restricted
activities:
(a)to
cut a body tissue, to administer anything by an invasive procedure on body tissue
or to perform surgical or other invasive procedures on body tissue
(i)below the dermis or the mucous membrane or in or below the
surface of the cornea;
(ii)in or below the surface of teeth, including scaling of teeth;
(b)to
insert or remove instruments, devices, fingers or hands
(i)beyond the cartilaginous portion of the ear canal,
(ii)beyond the point in the nasal passages where they normally
narrow,
(iii)beyond the pharynx,
(iv)beyond the opening of the urethra,
(v)beyond the labia majora,
(vi)beyond the anal verge, or
(vii)into an artificial opening into the body;
(b.1)to insert into the ear canal
(i)under pressure, liquid, air or gas;
(ii)a substance that subsequently solidifies;
(c)to
set or reset a fracture of a bone;
(d)to
reduce a dislocation of a joint except for a partial dislocation of the joints
of the fingers and toes;
(e)to
use a deliberate, brief, fast thrust to move the joints of the spine beyond the
normal range but within the anatomical range of motion, which generally results
in an audible click or pop;
(f)to
prescribe a Schedule 1 drug within the meaning of the Pharmacy and Drug Act;
(g)to
dispense, compound, provide for selling or sell a Schedule 1 drug or Schedule 2
drug within the meaning of the Pharmacy
and Drug Act;
(h)to
administer a vaccine or parenteral nutrition;
(i)to
prescribe, compound or administer blood or blood products;
(j)to
prescribe or administer diagnostic imaging contrast agents;
(k)to
prescribe or administer anesthetic gases, including nitrous oxide, for the
purposes of anesthesia or sedation;
(l)to
prescribe or administer radiopharmaceuticals, radiolabelled substances,
radioactive gases or radioaerosols;
(m)to
order or apply any form of ionizing radiation in
(i)medical radiography,
(ii)nuclear medicine, or
(iii)radiation therapy;
(n)to
order or apply non‑ionizing radiation in
(i)lithotripsy,
(ii)magnetic resonance imaging, or
(iii)ultrasound imaging, including any application of ultrasound to a
fetus;
(o)to
prescribe or fit
(i)an orthodontic or periodontal appliance,
(ii)a fixed or removable partial or complete denture, or
(iii)an implant supported prosthesis;
(p)to
perform a psychosocial intervention with an expectation of treating a substantial
disorder of thought, mood, perception, orientation or memory that grossly
impairs
(i)judgment,
(ii)behaviour,
(iii)capacity to recognize reality, or
(iv)ability to meet the ordinary demands of life;
(q)to
manage labour or deliver a baby;
(r)to
prescribe or dispense corrective lenses.
(2) Despite
subsection (1), the following are not restricted activities:
(a)activities
of daily living, whether performed by the individual or by a surrogate on the
individual’s behalf,
(b)giving
information and providing advice with the intent of enhancing personal
development, providing emotional support or promoting spiritual growth of
individuals, couples, families and groups, and
(c)drawing
venous blood.
Regulations
3 On consulting with the Health
Professions Advisory Board under the Health
Professions Act, the Minister may make regulations authorizing a person or
a category of persons other than a regulated member or category of regulated
members under the Health Professions Act,
to perform one or more restricted activities subject to any conditions included
in the regulations.
Public health emergency
3.1 For the purposes of
preventing, combating or alleviating a public health emergency as defined in
the Public Health Act, the Minister may by order authorize a person or
category of persons to perform one or more restricted activities subject to any
terms or conditions the Minister may prescribe.
Offence
4(1) No person shall perform a restricted
activity or a portion of it on or for another person unless
(a)the
person performing it
(i)is a regulated member as defined in the Health Professions Act, and is authorized to perform it by the
regulations under the Health Professions
Act,
(ii)is authorized to perform it by a regulation under section 3,
(ii.1)is authorized to perform it by an order under section 3.1, or
(iii)is authorized to perform it by another enactment,
or
(b)the
person performing it
(i)has the consent of, and is being supervised by, a regulated
member described in clause (a)(i), and
(ii)is permitted to perform the restricted
activity under a regulation made under section 131(1)(d)(i) of the Health Professions Act by the council of
the college of the regulated member referred to in subclause (i),
and there are regulations made under section 131(1)(d)(ii)
of the Health Professions Act by the
council of the college of that regulated member respecting how regulated
members must supervise persons who provide restricted activities under this
clause.
(2) Despite
subsection (1), if no person who is authorized under subsection (1) is
available to perform the restricted activity or a portion of it, a person may
without expectation or hope of compensation or reward provide a restricted
activity or a portion of it to provide physical comfort to or to stabilize
another person who is ill, injured or unconscious as a result of an accident or
other emergency.
(3) No
person, other than a person authorized to perform a restricted activity under
subsection (1)(a), shall or shall purport to consent to, provide supervision of
and control of, another person performing the restricted activity or a portion
of a restricted activity.
(4) No
person shall require another person to perform a restricted activity or a
portion of a restricted activity if that other person is not authorized in
accordance with subsection (1) to perform it.
Penalty
5(1) A person who contravenes section 4 is guilty of an offence
and liable
(a)for
a first offence, to a fine of not more than $5000,
(b)for
a 2nd offence, to a fine of not more than $10 000, and
(c)for
a 3rd and every subsequent offence, to a fine of not more than $25 000 or
to imprisonment for a term of not more than 6 months or to both fine and
imprisonment.
(2) A prosecution for an offence under
this Schedule may not be commenced more than 2 years after the date on which
the alleged offence occurs.
Burden of proof
6 In a prosecution under this
Schedule, the burden of proving that a person was authorized to perform a
restricted activity by section 4(1) is on the accused.
Injunction
7 The Court of Queen’s Bench, on
application by a person authorized by the Minister by way of originating
notice, may grant an injunction enjoining any person from doing any act that
contravenes section 4 despite any penalty that may be provided by section 5 in
respect of that contravention.
(a)“Architects
Association” means The Alberta Association of Architects under the Architects Act;
(b)“Engineers
Association” means the Association of Professional Engineers, Geologists and
Geophysicists of Alberta under the Engineering,
Geological and Geophysical Professions Act.
(2) There
shall be a Joint Board of Practice composed of
(a)4
persons appointed by the Council of the Architects Association, and
(b)4
persons appointed by the Council of the Engineers Association,
and one chair from each
Council appointed by the Minister from among candidates mutually agreed to by
both Councils.
(3) The
function and operation of the Joint Board of Practice shall be prescribed by
agreement between the Council of the Architects Association and the Council of
the Engineers Association, and the agreement shall include at least the
following matters:
(a)rules
of procedure;
(b)provisions
respecting the assessment of applications for a certificate of authorization
under the Architects Act and
provisions respecting the assessment of applications for a certificate of
authorization under the Engineering,
Geological and Geophysical Professions Act;
(c)a
procedure under which the Joint Board of Practice may act as a mediator of
complaints or disputes of an interprofessional nature from members of the
Architects Association or the Engineers Association or from persons who are not
members when the complaint cannot be resolved by each of those Associations
individually or by both of those Associations jointly;
(d)an
undertaking to work on other matters of interprofessional relations, including
the co‑ordination and publication of guidelines, standards and criteria
and performance standards in the field of building design and construction;
(e)provisions
respecting recommendations on applications for authority to prepare final
drawings for buildings with one seal of either an engineer or an architect in
cases where the drawings would ordinarily fit within the category of design
that requires the seal of both professions under the regulations authorized
under the Safety Codes Act;
(f)a
method of recommending to the Association concerned that a qualified
certificate of authorization limiting the scope of practice in the other
profession by an individual who is a professional engineer or a registered
architect be issued to an applicant
(i)who has historically provided that service competently in
Alberta, and
(ii)who applied for the certificate before October 1, 1982;
(g)any
other matters agreed to between the Councils of both the Architects Association
and the Engineers Association.
1994 cG‑8.5 Sched.
8;1999 c26 s11
Schedule 9
Justice Administration
Administration of
justice
1(1) The Minister is by virtue of the Minister’s office Her
Majesty’s Attorney General in and for the Province of Alberta.
(2) The Deputy of the Minister is the
Deputy Attorney General.
Powers
and duties of Minister
2 The Minister
(a)is
the official legal advisor of the Lieutenant Governor;
(b)shall
ensure that public affairs are administered according to law;
(c)shall
superintend all matters relating to the administration of justice in Alberta
that are within the powers or jurisdiction of the Legislature or the
Government;
(d)shall
advise on legislative acts and proceedings of the Legislature and generally
advise the Crown on matters of law referred to the Minister by the Crown;
(e)shall
exercise the powers and is charged with the duties attached to the office of
the Attorney General of England by law or usage insofar as those powers and duties
are applicable to Alberta;
(f)shall
advise the heads of the several departments of the Government on matters of law
connected with them respectively;
(g)shall
settle instruments issued under the Great Seal of the Province;
(h)shall
regulate and conduct litigation for or against the Crown or a public department
in respect of subjects within the authority or jurisdiction of the Legislature;
(i)is
charged generally with any duties that may be at any time assigned to the
Minister by law or by the Lieutenant Governor in Council;
(j)is
responsible for the conduct of the following matters, the enumeration of which
shall not be taken to restrict the general nature of any provision of this
Schedule:
(i)the recommendation of the appointment of and the giving of advice
to sheriffs, registrars, judicial officers, medical examiners, notaries public
and commissioners for oaths;
(ii)the consideration of applications for bail and attendance on such
applications;
(iii)the consideration and argument of appeals from convictions and
acquittals of persons charged with indictable offences;
(iv)the hearing of applications for the granting of fiats regarding
petitions of right, criminal information, indictments, actions to set aside
Crown patents, actions to recover fines and penalties and other actions of a
similar nature;
(v)the consideration of applications for the remission of fines and
penalties;
(vi)the appointment of counsel for the conduct of criminal business;
(vii)the regulation of the work of official court reporters;
(viii)the supervision of the offices of the courts of law in Alberta;
(ix)the consideration of proposed legislation and other matters of a
public nature;
(x)the drawing of special conveyances and instruments of a similar
nature relating to the sale or purchase of property under any Act relating to
public works or otherwise.
Provincial
Secretary and Deputy
3(1) The Minister is by virtue of the
Minister’s office the Provincial Secretary.
(2) The
Deputy of the Minister is the Deputy Provincial Secretary.
Duties and powers
4(1) The Minister as Provincial Secretary
(a)has
all the powers, duties and functions, insofar as they or any of them are
applicable to Alberta, that are assigned by law or custom to the Provincial
Secretaries and Registrars of the different provinces of Canada;
(b)is
the Keeper of the Great Seal of the Province;
(c)shall
issue letters patent, commissions and other documents under the Great Seal of
the Province and countersign the letters patent, commissions and other
documents except those that are countersigned by the Clerk of the Executive
Council;
(d)is
the keeper of registers of the Province.
(2) Commissions
issued by the Provincial Secretary under the Great Seal of the Province shall
run in Her Majesty’s name.
Registrar
5(1) The Minister is the Registrar of the
Province.
(2) The
Minister as Registrar shall register instruments of summons, commissions,
letters patent, writs and other instruments and documents issued under the
Great Seal of the Province.
(3) The
signature of the Minister as Registrar is proof of the fact that the registers,
instruments of summons, commissions, letters patent, writs and other
instruments and documents exist and are lawfully in the Minister’s possession.
(4) A
copy of a document signed by the Minister as Registrar is equivalent to the
original instrument itself when produced in a court in Alberta.
(5) Each
document or copy of a document purporting to bear the signature of the Minister
as Registrar is deemed to bear the Minister’s signature until the contrary is
proved.
Review
Board
6 A member of the Review Board appointed under
section 672.38 of the Criminal Code
(Canada) has the same privileges and immunities as a judge of the Court of
Queen’s Bench.
RSA 2000 cG‑10
Sched. 9;2002 c30 s10
Schedule 10
Labour Statutes
Delegation
Definitions
1 In this Schedule,
(a)“committee”
means a committee established pursuant to section 3(1);
(b)“delegated
person” means an individual, corporation or municipality, other than a
Provincial agency, as defined in the Financial
Administration Act, to which a delegation is made under section 2;
(c)“official”
means
(i)a board or corporation created by an Act or any of its officials
that is vested with a power, duty or function by the Act or regulations under
the Act;
(ii)an employee of the Crown in right of Alberta who is employed as a
deputy minister, chair, officer, inspector, investigator, registrar, director
or manager or in another office named in an enactment and who is vested with a
power, duty or function by the enactment, but does not include an officer of a
court.
Delegation
2(1) The Lieutenant Governor in Council
may make regulations
(a)delegating
to one or more delegated persons any of the powers, duties or functions of the
Minister or of an official under an enactment, except the power of the Minister
or official
(i)to make regulations, as defined in the Regulations Act, and
(ii)to appoint members to boards and to prescribe the remuneration of
such members;
(b)authorizing
a delegated person, with the consent of the Minister, to provide advice to the
Minister named in the order, on the delegated powers, duties or functions;
(c)imposing
conditions on the delegated powers, duties or functions;
(d)respecting
limiting the liability of a delegated person and the delegated person’s
employees, agents, directors or officers or the members of a committee in an
action for negligence with respect to the delegated power, duty or function
when the delegated person, employee, agent, director, officer or member of a
committee acts in good faith pursuant to the delegation;
(d.1)providing that any limitation of liability
applicable to an official may be made applicable to a delegated person and the
delegated person’s employees, agents, directors and officers and members of a
committee when they are carrying out the official’s power, duty or function;
(e)respecting
an appeal from an action or decision of a delegated person or the delegated
person’s employees, agents, directors or officers or members of a committee
that is not inconsistent with an appeal provided for, if any, in an enactment
with respect to the action or decision;
(f)authorizing
a delegated person to collect money by the levy of assessments, fees and charges
with respect to the delegated power, duty or function on persons or classes of
persons specified in the regulations, and respecting how the assessments, fees
and charges are to be imposed, collected and accounted for and authorizing the
delegated person to use this money for the purposes of costs incurred in
carrying out a delegated power, duty or function;
(g)respecting
the payment of a fee to a delegated person for the carrying out of a delegated
power, duty or function;
(h)authorizing
a delegated person to collect money by the levy of assessments, fees and
charges with respect to the delegated power, duty or function on persons or
classes of persons specified in the regulations, and respecting how the
assessments, fees and charges are to be imposed, collected and accounted for
and remitted to the Minister;
(i)authorizing
a delegated person, on behalf of the Crown, to collect money lawfully due to
the Crown or a Provincial agency as defined in the Financial Administration Act
(i)in accordance with the enactment under which the money is
lawfully due, or
(ii)by undertaking civil enforcement proceedings,
and respecting how the
money is collected and accounted for and remitted to the Minister;
(j)respecting
records that a delegated person is required to maintain;
(k)respecting
the annual report under section 10.
(2) When
a delegation is made under subsection (1),
(a)a
reference in an enactment to the Minister or an official with respect to
delegated powers, duties or functions is to be read as if it were a reference
to the delegated person, and
(b)a
person who is affected by an action taken or decision made by a delegated
person pursuant to the delegation may appeal the action or decision in
accordance with the enactment and the regulations under subsection (1).
(3) Notwithstanding
the Financial Administration Act, any
money collected by a delegated person pursuant to subsection (1)(f) or (g) or
section 8 belongs to the delegated person.
Rules
3(1) A delegated person may make rules
(a)respecting
the carrying out of a delegated power, duty or function;
(b)if
the person is a corporation or municipality, respecting the calling of meetings
pertaining to carrying out a delegated power, duty or function and the conduct
of business at those meetings;
(c)respecting
the appointment, removal, functions, powers, duties, remuneration and benefits
of employees and agents of the delegated person and members of a committee,
whose duties pertain to the carrying out of a delegated power, duty or function;
(d)delegating
to the employees or agents of the delegated person and, in the case of a
corporation or municipality to its directors, officers, employees or agents or
a committee of the corporation or municipality, the carrying out of a delegated
power, duty or function, except the power to make rules under this subsection;
(e)respecting
the establishment, membership, duties and functions of special, standing and
other committees with respect to the delegated power, duty or function.
(2) A
rule made under subsection (1) is not in force until it is approved by the
Minister.
(3) The
Regulations Act does not apply to a
rule made under this section.
Confidentiality
4 A delegated person and the person’s employee,
agent, director or officer or member of a committee may, with the consent of
the Minister, disclose information that the person, employee, agent, director
or officer or member of the committee obtains while carrying out a delegated
power, duty or function.
Not
Crown agent
5 With respect to a delegation, a delegated person
and the delegated person’s employee, agent, director or officer or member of a
committee are not agents of the Crown.
Financial
Administration Act not applicable
6 The Financial
Administration Act does not apply to a delegated person with respect to a
delegated power, duty or function.
Business
Corporations Act, s122(4)
7 Section 122(4) of the Business Corporations Act does not apply to a corporation that is a
delegated person in respect of the carrying out of a power, duty or function
under this Schedule.
Assessment
collections
8 An assessment, fee or charge levied pursuant to
the regulations under section 2(1)(f) is recoverable by the delegated person as
a debt due to the delegated person.
Audit,
inspection
9(1) For the purpose of ensuring that
this Schedule and the regulations and rules under it are complied with, the
Minister or a person designated by the Minister may, without a warrant, at any
reasonable time, enter premises, other than a private dwelling, where a delegated
person or the person’s employee, agent or officer or member of a committee is
carrying out a delegated power, duty or function and
(a)may
inspect and make copies of any document related to the carrying out of the
delegated power, duty or function, and
(b)may
carry out an audit of the delegated person with respect to the delegated power,
duty or function.
(2) On
entering premises described in subsection (1), the Minister or designated
person shall, on request, produce identification and provide advice on the
power to carry out an inspection or audit.
(3) The
Minister may charge the delegated person any reasonable costs incurred in
carrying out an audit under subsection (1) and that charge is recoverable by
the Minister as a debt due to the Crown.
Annual
report
10(1)A
delegated person shall, after the end of the person’s fiscal year, prepare and
submit to the Minister an annual report with respect to the person’s powers,
duties and functions under this Schedule.
(2) The
report must include a general summary of the delegated person’s policies and
activities in that year, any rules made under section 3 in that year and a
financial report that includes an audited financial statement.
(3) The
Minister shall lay a copy of the report before the Legislative Assembly if it
is then sitting, and if it is not then sitting, within 15 days after the
commencement of the next sitting.
Offence
11 A delegated person and the person’s employee,
agent, director or officer or a member of a committee who contravenes a
regulation or a rule under this Schedule is guilty of an offence and liable
(a)for
a first offence, to a fine of not more than $2000 or a term of imprisonment of
not more than 30 days, or to both fine and imprisonment, and
(b)on
a subsequent offence, to a fine of not more than $10 000 or a term of
imprisonment of not more than 6 months, or to both fine and imprisonment.
(b)“department”
means a department of the Government and, except in sections 2 and 3, includes
(i)a board, commission or organizational unit that forms part of the
public service of Alberta but is not part of a department of the Government,
and
(ii)a corporation that is an agent of the Crown;
(c)“supplies”
means materials, equipment and other personal property, and includes
furnishings.
Acquisition
of Government supplies
2(1)Subject
to subsection (3),
(a)the
Minister is responsible for the acquisition and provision of all supplies that
are required by the departments for the transaction of their business and
affairs, and
(b)every
department shall acquire its supplies through the Minister.
(2) All
acquisitions of supplies by a department through the Minister shall be made by
public tender except where the Minister considers that an acquisition by
another method is more practical or economical and permits the acquisition by
the other method.
(3) Where,
in the Minister’s opinion, the acquisition of supplies otherwise than through
the Minister would be practical or economical, the Minister may, by an order
which may be general or limited to the supplies to the department designated in
the order, permit such an acquisition.
(4) The
Lieutenant Governor in Council may by regulation, which may be general or
limited to the supplies or to the department designated in the regulation,
provide for the manner in which acquisitions of supplies otherwise than through
the Minister are to be made by a department.
Disposition of
Government surplus supplies
3(1)The
Minister is responsible for the disposition of each department’s supplies that
have become surplus or that are no longer required.
(2) Subject
to subsection (3), property sold under subsection (1) must be sold at not less
than its market or book value.
(3) Property
sold under subsection (1) may be sold at a price determined by the Minister
that is less than its market or book value where the sale is made
(a)to
a municipality, a Metis Settlement, the board of trustees of a school district
or school division, an irrigation district or the board of trustees of a
drainage district,
(b)to
a university, college or other educational institution or the owner of a public
hospital,
(c)to
a corporation that is an agent of the Crown or that is incorporated for the
purpose of carrying out any governmental function and is wholly or
substantially supported by money appropriated by the Legislature or the Parliament
of Canada,
(d)to
a corporation to which Part 9 of the Companies
Act applies, a corporation incorporated under the Societies Act or any other corporation incorporated for a purpose
other than that of profit or gain, or
(e)to
any person in accordance with a trust or other obligation in favour of that
person.
Agency
functions of the Minister
4 The Minister may act as the agent of a
department referred to in section 1(b)(i) or (ii) in
(a)the
acquisition of its supplies or services,
(b)the
disposition of its surplus supplies, or
(c)any
function, in relation to its public works, that is referred to in section 7(b)
to (d).
Provision
of supplies and services
5 The Minister may, on request, acquire supplies
on behalf of, or provide services to, approved hospitals as defined in the Hospitals Act, schools, post‑secondary
educational institutions, municipalities, Metis settlements and any
organizations that carry out services or programs on behalf of the Government.
Health
care facilities
6 The Minister may enter into and carry out an
agreement with a hospital board, a regional health authority under the Regional Health Authorities Act or a
provincial health board under the Regional
Health Authorities Act respecting the provision of services relating to the
design, construction, alteration, extension, repair or demolition of a health
care facility.
Minister’s
responsibility for public works
7 Unless otherwise provided by law or an order of
the Lieutenant Governor in Council, the Minister is responsible for
(a)the
administration of all land held, used or occupied for public works of the
Government,
(b)the
design, construction, alteration, extension, repair, maintenance and management
of all buildings, structures and other improvements required for public works
of the Government,
(c)the
acquisition of all land for public works of the Government, and
(d)the
disposal of all land that is or was held, used or occupied for public works of
the Government.
Expropriation
8 The Minister may acquire by expropriation any
estate or interest in land for the purpose of public works.
Agreements
for municipal public works
9(1)In this
section, “local authority” means
(a)a
municipality,
(b)a
Metis settlement,
(c)in
the case of an improvement district, the Minister responsible for the Municipal Government Act, or
(d)in
the case of a special area, the Minister responsible for the Special Areas Act.
(2) Without
limiting section 10 of the Act, the Minister may enter into and carry out an
agreement with any local authority providing for the laying out, construction
or improvement of parks, public places, public swimming pools or other public
works that in the opinion of the Minister and of the local authority are
necessary or desirable.
(3) Every
local authority, notwithstanding the Municipal
Government Act or any other Act, may enter into and carry out an agreement
under subsection (2).
(4) The
agreement shall fix
(a)the
total cost of construction,
(b)the
period of construction,
(c)the
proportions of the cost to be borne by the Crown and the local authority, and
(d)the
terms on which and the times when payments are to be made by the Crown for its
part of the cost.
Sale
or other disposal of land
10(1)Subject
to this section, the Minister may sell or otherwise dispose of any estate,
interest or right in land held by the Crown and under the Minister’s
administration.
(2) The
Minister may grant a lease, licence, easement or right of way with respect to
land held by the Crown and under the Minister’s administration.
(3) A
sale or other disposition under subsection (1) may only be made
(a)following
an invitation to submit tenders or through a listing with a real estate broker
licensed under the Real Estate Act,
(b)after
the Minister has obtained 2 or more appraisals of the market value of the land,
at least one of which is obtained from an appraiser who is not an employee of
the Government and carries on business as an appraiser, and
(c)at
not less than the market value of the land, as determined by the Minister,
having regard to those appraisals.
(4) Subsection
(3)(a) does not apply
(a)if
the land is sold or otherwise disposed of to the person who sold the land to
the Crown and that person owns land adjacent to that Crown land, or
(b)if
the land is sold or otherwise disposed of to a person who owns land adjacent to
that Crown land to facilitate the development of the land.
(5) Subsection
(3)(b) does not apply if the costs of conducting the sale or other disposition
in accordance with that clause would, in the opinion of the Minister, exceed
the market value of the land as determined by the Minister.
(6) Subsection
(3)(c) does not apply if,
(a)following
the invitation to submit tenders, no tenders were received or the highest
tender received was for less than the amount determined by the Minister, having
regard to the appraisals, to be the market value of the land, or
(b)following
the listing, no offers were received or the highest offer received was for less
than the amount determined by the Minister, having regard to the appraisals, to
be the market value of the land.
(7) Subsection
(3)(a) and (c) do not apply if the sale or other disposition is made in
exchange for other land and, in the opinion of the Minister, having regard to
the appraisals, adequate compensation is obtained for the land sold or
otherwise disposed of by the Minister.
(8) Subsection
(3) does not apply if the sale or other disposition is made to a person
referred to in section 3(3) and, where applicable, under circumstances referred
to in section 3(3).
(9) A
sale or other disposition referred to insubsection (8) may be made for a nominal consideration.
(10) The
Minister may transfer the administration of any public land under the
Minister’s administration to any other Minister of the Crown or to a Crown
corporation if
(a)the
public land is required under a program administered by that Minister or Crown
corporation, and
(b)that
Minister or Crown corporation consents in writing to the transfer.
(11) Notice
of the sale or other disposition of land under subsection (1) must be published
in The Alberta Gazette within 30 days after the land is sold.
(12) The
notice must contain the name of the person to whom the land is sold or
otherwise disposed of, a description of the land and the amount paid for the
land.
Sale
of improvements
11 The Minister may sell or otherwise dispose
of any improvements that are severed or severable from land held by the Crown
and under the Minister’s administration.
Unclaimed
property
12(1)Subject
to any other Act, all lost or unclaimed property in the custody of the
Government shall be
(a)turned
over to the Minister, and
(b)retained
by the Minister for a period of at least one year from the time the property
came into the custody of the Government.
(2) If
the property is not claimed within one year from the time it came into the
custody of the Government, the Minister may then dispose of the property on
behalf of the Government.
(3) A
purchaser of property under this section becomes the owner of it and any claim
of an earlier owner may only be made against the Government and for the
proceeds of the sale less transportation, storage, sale and other necessary
expenses incurred by the Government.
(4) No
claim may be made
(a)to
the property after one year from the date that the property came into the
custody of the Government unless the property is still in the custody of the
Government, or
(b)to
the net proceeds of a sale of the property after one year from the date on
which the property was sold by the Minister.
(5) This
section does not apply to abandoned vehicles to which section 69(8) or 77 of
the Traffic Safety Act applies.
Use
of Crown land
13(1)This
section applies only to land belonging to or occupied by the Crown.
(2) The
Lieutenant Governor in Council may make regulations, either general in their
application or specific to any particular case,
(a)permitting,
restricting or prohibiting the use by the public or by any persons
(i)of any path, passageway, driveway or road through land belonging
to or occupied by the Crown and leading to or from any public work belonging to
or occupied by the Crown, whether or not it has been dedicated or established
as a public highway, and
(ii)of the gardens, grounds or other area appurtenant to or used in
connection with any public work belonging to or occupied by the Crown;
(b)permitting,
restricting, prohibiting or imposing conditions on the use, manner of use,
speed, direction of travel, stopping or parking of motor vehicles and other
vehicles, the presence of animals, or any other thing named in the regulations,
in any place referred to in clause (a);
(c)authorizing
and providing for the seizure and removal of any motor vehicle or other vehicle
parked or left in contravention of the regulations, and authorizing and
providing for its retention until the expenses of seizure, removal and storage,
if any, are paid.
(3) The
bylaws of a municipality relating to the matters enumerated in subsection (2)
apply to the land referred to in those bylaws situated in the municipality but,
if there is a conflict between the bylaws and a regulation under subsection
(2), the regulation prevails.
(4) A
vehicle seized and removed pursuant to regulations under subsection (2)(c) is
retained and stored at the risk of its owner.
(5) Subject
to regulations under subsection (2), the Minister may erect at any place where
the Minister considers it necessary signs
(a)fixing
speed limits,
(b)prohibiting
or controlling parking,
(c)prohibiting
entry and restricting the direction of movement of traffic, and
(d)requiring
vehicles to stop before proceeding and to yield the right of way to other
traffic,
and any other type of
sign or device ordinarily used to regulate traffic.
(6) A
person who
(a)contravenes
a regulation made under subsection (2), or
(b)fails
to obey an order, direction or instruction indicated by a sign erected pursuant
to subsection (5)
is guilty of an offence
and liable to a fine of not more than $1000.
(7) In
a prosecution under this section, the existence of a sign referred to in
subsection (5) is proof, in the absence of evidence to the contrary, that the
sign was erected by the Minister without other or further proof that it was
erected by the Minister.
(8) In
a prosecution under this section, a certificate purporting to be signed by the
Minister shall be admitted in evidence as proof, in the absence of evidence to
the contrary, that any land or premises referred to in the certificate is owned
or occupied by the Crown without proof of the Minister’s appointment or
signature.
Records
management
14(1)In this
section, “department” means
(a)a
department, branch or office of the Government of Alberta,
(b)an
agency, board, commission, corporation, office or other body designated as a
department in the regulations,
(c)the
Executive Council Office,
(d)the
Court of Appeal of Alberta, the Court of Queen’s Bench of Alberta and The
Provincial Court of Alberta,
(e)a
treasury branch, and
(f)the
office of a member of the Executive Council,
but does not include
the office of the Speaker of the Legislative Assembly, the office of a member
of the Executive Council with respect to personal records and constituency
records and the office of a member of the Legislative Assembly.
(2) The
Lieutenant Governor in Council may make regulations
(a)respecting
the management of records in the custody or under the control of a department,
including their creation, handling, control, organization, retention,
maintenance, security, preservation, disposition, alienation, 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), including interdepartmental structures for implementing the programs;
(c)defining
and classifying records;
(d)respecting
the departments, records or classes of records to which the regulations or any
provisions of them apply.
(a)“registry”
means a registry, document recording system, information recording system,
information bank, data bank or similar system
(i)that is under the administration of the Minister, or
(ii)that is operated by the Government and that is not under the
administration of the Minister but for which the Minister is requested to
provide services or otherwise deal with under this Schedule;
(b)“registry
agent” means a person who is not an employee of the Government and who enters
into an agreement under section 3 to carry out registry services for the
public;
(c)“registry
services” includes statutory functions and other functions, services and
products that are provided or made available by or through the Government or
one or more registries;
(d)“statutory
function” means a duty, task or other function that is performed or otherwise
carried out pursuant to an enactment under or in the name of the office of a
statutory officer, but does not include the power to make regulations under an
enactment;
(e)“statutory
officer” means a person who holds an office that is established or otherwise
provided for under an enactment and includes the Minister.
(2) For
the purposes of this Schedule,
(a)a
reference to registrations includes
(i)the registration of a document in a registry,
(ii)the recording of information in a registry,
(iii)the filing of a document in a registry,
(iv)the providing of a document or information to a registry for the
purpose of making a filing or registration in the registry, and
(v)the issuance of a document by or in a registry under which a
person has title to or claims an interest in property or that affects the
status of property,
or any one or more of those
functions, but does not include the provision of information that is not
provided as part of the carrying out of a function referred to in subclauses
(i) to (v);
(b)a
reference to a registry agent doing something or providing registry services means
a registry agent doing something or providing registry services to, for or on
behalf of a member of the public when requested, directed or otherwise
authorized to do so by that member of the public;
(c)a
reference to the public includes any individual, organization, corporation,
public institution or government and their heirs, executors, administrators and
other legal representatives;
(d)a
reference to document handling procedures means the filing, sending,
transmitting, recording, depositing, production, reproduction, creation,
issuance or registration of any document or information or any procedure or
method that otherwise deals with any document or information;
(e)a
reference to an enactment under which a registry operates is a reference to the
enactment under which the registry was established or otherwise operates and is
not a reference to this Schedule or a regulation made under this Schedule.
Establishment
of the Division
2 There is hereby established a division of a
department of the Government to be known as “Alberta Registries”.
Provision
of services by registry agents
3(1)The
Minister may enter into an agreement with a person under which the person is
authorized to be a registry agent.
(2) Notwithstanding
that an enactment provides that a statutory function is to be carried out by a
statutory officer, a registry agent may carry out that statutory function where
permitted to do so under this Schedule, the regulations or an agreement entered
into under this Schedule.
(3) Subject
to this Schedule, where a registry agent provides registry services for a
member of the public, the registry agent may, for the registry agent’s own
benefit, charge and collect from that member of the public a service charge for
providing those registry services.
(4) If
the regulations establish a maximum or minimum amount of a service charge that
a registry agent may collect for providing a registry service, a registry agent
may not charge or collect a service charge that is greater than that maximum
amount or less than that minimum amount, as the case may be.
Registrations
by registry agents
4(1)The
Minister may enter into an agreement with a registry agent under which the
registry agent may carry out, on behalf of the public, registrations in a
registry using the facilities and services provided by that registry agent.
(2) A
registry agent shall not carry out registrations in a registry on behalf of the
public except when permitted to do so under an agreement entered into between
the Minister and the registry agent and in accordance with that agreement.
(3) For
the purpose of carrying out registrations under the enactments under which a
registry operates using the facilities and services provided by a registry
agent, the Minister may, notwithstanding any provision of those enactments,
make regulations facilitating the carrying out of registrations in that
registry using the facilities and services provided by that registry agent.
Agent
of Crown
5(1)A
registry agent is an agent of the Crown in right of Alberta, but only for the
purposes of carrying out registry services as permitted pursuant to this
Schedule or the agreement entered into between the Minister and the registry
agent.
(2) Where
a statutory function is carried out or purported to be carried out by a
registry agent, that statutory function is deemed to have been carried out or
purported to have been carried out by the appropriate statutory officer.
Provision
of services, etc. by the Government
6(1)The
Minister may enter into an agreement with a person who is not a registry agent
under which that person acquires services or products or carries out functions
that are provided or made available by or through the Government or a registry.
(2) Where
a person enters into an agreement under subsection (1), that person is not by
virtue of that agreement or any dealings carried out under that agreement
(a)an
agent of the Crown in right of Alberta, or
(b)a
registry agent or empowered to carry on the business of a registry agent.
(3) A
person who enters into an agreement with the Minister under subsection (1)
shall not acquire services or products or carry out functions except as
permitted under that agreement.
Authorizing
documents for processing
7(1)In this
section,
(a)“accredited
person” means an employee of the Crown in right of Alberta or other person who
is accredited pursuant to this Schedule to carry out functions respecting
document authorization;
(b)“designated
document” means a document or information that is designated as a designated
document under subsection (2);
(c)“designated
registry” means a registry that is designated by regulation as a registry to
which this section applies;
(d)“functions
respecting document authorization” means the process carried out in order to
determine whether a designated document may be authorized for processing and
includes the authorization of that document for processing;
(e)“registrar”
means, in respect of a designated registry, the person who is the registrar of
that registry or is responsible for that registry and includes an employee of
the Government who performs a statutory function in respect of that registry;
(f)any
reference to a document’s being authorized for processing means, in respect of
a designated document, that the designated document
(i)meets or otherwise complies with the standards or criteria
established by the registrar of a designated registry, and
(ii)where applicable, has been converted into a form in which the
designated document can be dealt with in accordance with the document handling
procedures applicable in respect of the designated registry.
(2) For
the purposes of this section, the registrar of a designated registry may
designate a document or information or any class of documents or information as
a designated document.
(3) Notwithstanding
any provision in an enactment under which a designated registry operates, the
registrar may refuse to deal with a designated document until an accredited
person has authorized that designated document for processing.
(4) Where
an accredited person is a person other than an employee of the Crown in right
of Alberta, that person is not, by reason only of that person’s carrying out
the functions respecting document authorization, an agent of the Crown in right
of Alberta.
(5) In
carrying out functions respecting document authorization, an accredited person
may carry out those functions only in respect of a designated registry or
designated documents for which that person is accredited.
(6) A
person who is not an accredited person shall not
(a)authorize
or purport to authorize a document for processing, or
(b)purport
to be an accredited person.
(7) The
Regulations Act does not apply to a
designation made under subsection (2).
Exercise
of discretion
8 Where a statutory officer may exercise
discretion pursuant to an enactment and under this Schedule or a regulation or
an agreement made under this Schedule a person who is not an employee of the
Government is authorized to exercise that discretion on behalf of the statutory
officer, the Minister may, notwithstanding anything in that enactment,
(a)give
directions to that person as to how the discretion is to be exercised or in
respect of any matter relating to the exercise of that discretion, or
(b)exercise
the discretion in whole or in part in place of its being exercised by that
person.
Signature
and seal of statutory officers
9(1)Where
an enactment provides that a statutory function is to be carried out by a
statutory officer and the carrying out of that statutory function involves the
production, creation or issuance of a document containing the signature of the
statutory officer, that document is deemed to have been signed by the statutory
officer if the document
(a)sets
out the signature of the person who is or was the statutory officer, or
(b)sets
out the seal of office of the statutory officer.
(2) For
the purposes of subsection (1)(b), the Minister may approve the form of the
seal of office to be used by a statutory officer.
(3) Any
signature or seal referred to in this section may be reproduced by engraving,
lithography or printing or by any electronic or mechanical orother method of reproduction and when so
reproduced has the same force and effect as if it had been manually signed or
affixed.
Funds
held in trust
10 Where a registry agent or other person has
possession of or control over funds that are owing to the Government, those
funds
(a)are
deemed to be held in trust for the Government, and
(b)are
deemed to be separate from and not to form any part of any funds belonging to
the registry agent or other person or the registry agent’s or other person’s
estate whether or not those funds have in fact been kept separate and apart
from funds belonging to the registry agent or other person or the registry
agent’s or other person’s estate.
Recovery
from registry agents, etc.
11 If the Government
(a)is
liable for something done or omitted to be done by a registry agent or other
person,
(b)assumes
the liability for something done or omitted to be done by a registry agent or
other person, or
(c)assumes
an obligation for something done or omitted to be done by a registry agent or
other person,
and the Government
makes a payment in respect of that liability or obligation, the registry agent
or the other person, as the case may be, shall, subject to any agreement
entered into between the Government and the registry agent or the other person,
indemnify the Government for that payment and any interest owing in respect of
that payment, notwithstanding any law that provides otherwise.
Regulations
12(1)The
Minister may make regulations
(a)respecting
the holding and handling of money by registry agents;
(b)respecting
the carrying out of registry services;
(c)respecting
the provision of information;
(d)respecting
the maximum and minimum amounts that may be charged by registry agents as
service charges;
(e)designating
a registry as a registry to which section 7 applies;
(f)governing
the accreditation and the suspension or cancellation of accreditation of
persons as accredited persons for the purposes of section 7;
(g)governing
functions respecting document authorization for the purposes of section 7;
(h)governing
service charges that may be charged in respect of services provided by
accredited persons under section 7;
(i)governing
document handling procedures in respect of a registry where the enactment under
which the registry operates does not provide for document handling procedures;
(j)providing
for the restriction of or the cancellation or suspension of registry services
to persons who owe money or are in arrears with respect to the payment of fees
for registry services that are payable or otherwise owing to the Government;
(k)providing
for forms to be used in respect of registries and the provision of registry
services.
(2) Where
an enactment under which a registry operates
(a)provides
for the carrying out of registry services, the Minister may, notwithstanding
that enactment, make regulations for the purpose of facilitating the carrying
out of those registry services using the facilities and services provided by
registry agents;
(b)provides for document handling procedures,
(i)the Minister may, notwithstanding anything in that enactment,
make regulations
(A)governing document handling procedures under
that enactment by electronic or any other means or form, and
(B)for the purposes of section 7, governing
functions respecting document authorization,
and
(ii)unless otherwise provided for in that regulation, a regulation
made pursuant to subclause (i) prevails, in respect of matters provided for in
that regulation, over the provisions of the enactment under which the registry
operates;
(c)requires
or otherwise provides that a person is to sign a document, the Minister may,
notwithstanding anything in that enactment, by regulation
(i)remove or modify the requirement that the person sign the
document, or
(ii)provide or otherwise establish or recognize a method or procedure
under which the person may acknowledge or verify the document without the
necessity of signing the document;
(d)requires
or otherwise provides that a document must be accompanied with or have endorsed
on it an order of a court, a certificate, an affidavit, a statutory declaration
or any other accompanying documentation of any type, the Minister may,
notwithstanding anything in that enactment, by regulation
(i)modify that requirement so that only the information or a portion
of the information contained in the accompanying documentation, and not the actual
accompanying documentation, needs to be provided, or
(ii)provide or otherwise establish or recognize a method or procedure
under which the accompanying documentation may be acknowledged or verified
without the necessity of the actual documentation being provided.
(3) Notwithstanding
any provision in an enactment under which a registry operates or otherwise
carries out registry services, the Minister may with respect to the
establishment or collection of any fees or charges under that enactment make regulations
(a)prescribing
any fees or charges to be paid with respect to registrations carried out under
that enactment;
(b)prescribing
any fees or charges, other than fees or charges referred to in clause (a), to
be paid for the carrying out of registry services under or relating to that
enactment.
(4) Notwithstanding
subsection (3), the Minister may charge any fees or charges, other than fees or
charges referred to in subsection (3)(a), that the Minister considers
appropriate for the carrying out of a registry service where a fee or charge is
not prescribed under subsection (3)(b) for the carrying out of that registry
service.
(5) If,
with respect to the same matter,
(a)a
fee or charge is established pursuant to an enactment, and
(b)a
fee or charge is established or otherwise provided for under subsection (3) or
(4),
the fee or charge
referred to in clause (b) prevails over the fee or charge referred to in clause
(a).
(6) Notwithstanding
that an enactment under which a registry operates or otherwise carries out
registry services provides for the establishment or use of forms under that
enactment, the Minister may make regulations governing the forms to be used
under that enactment, including regulations prescribing or otherwise providing
for the forms to be used under that enactment.
Court
order
13(1)If a
person fails to comply with this Schedule or a regulation or an agreement made
under this Schedule, the Minister may apply to the Court of Queen’s Bench for
an order granting the relief provided for under subsection (5).
(2) An
application under this section is to be by way of an originating notice.
(3) On
the filing of an originating notice with the clerk of the Court of Queen’s
Bench, the Court may, if it considers it necessary in the circumstances, hear
an interim application on one day’s notice, or any longer period that the Court
may direct, and make an interim order granting any relief that the Court
considers appropriate pending the determination of the application.
(4) An
interim order under subsection (3) may be made ex parte if the Court considers
it appropriate to do so in the circumstances.
(5) On
hearing an application, the Court may do one or more of the following:
(a)direct
the person to comply with this Schedule, the regulations or the agreement made
under this Schedule, as the case may be;
(b)direct
a person to cease carrying out any action that in the opinion of the Court does
not comply with this Schedule, the regulations or the agreement made under this
Schedule, as the case may be;
(c)give
those directions that it considers necessary in order to ensure compliance with
this Schedule, the regulations or the agreement made under this Schedule, as
the case may be;
(d)make
its order subject to any terms or conditions that the Court considers
appropriate;
(e)dismiss
the application;
(f)award
costs.
(6) Nothing
in this section is to be construed so as to restrict or otherwise affect any
right of action or remedy that the Government has at law or under an enactment
or an agreement.
Legal
effect, evidentiary matters respecting
documents, information
14(1)In this
section, “document handling procedures” includes matters dealt with under
section 12(2)(c) and (d).
(2) Where
(a)an
enactment under which a registry operates provides for document handling
procedures, and
(b)a
regulation is made under section 12(2) governing those document handling
procedures,
any document or
information that is dealt with in accordance with the document handling
procedures provided for in that regulation has the same force and effect as if
the document or information had been dealt with in accordance with the document
handling procedures provided for in the enactment under which the registry
operates.
(3) Where
(a)an
enactment provides that a certificate or other evidentiary documentation may be
issued in respect of any document or information that is dealt with in
accordance with the document handling procedures provided for in the enactment
under which a registry operates, and
(b)a
regulation is made under section 12(2) governing those document handling
procedures and a document or information is dealt with in accordance with the
document handling procedures provided for in that regulation,
that certificate or
other evidentiary documentation may be issued, and has the same force and
effect, as if the document or information in respect of which the certificate
or other evidentiary documentation is issued had been dealt with in accordance
with the document handling procedures provided for in the enactment under which
the registry operates.
Offences
15(1)No
person shall
(a)purport
to be a registry agent, or
(b)carry
on the business of a registry agent,
unless that person is a
registry agent under this Schedule.
(2) Where
a regulation is made under this Schedule governing the provision of
information, no person shall provide information in contravention of that
regulation.
(3) A
person who contravenes subsection (1) or (2) or section 4(2) is guilty of an
offence and liable to a fine of not more than $10 000 or to a term of
imprisonment of not more than one year or to both a fine and a term of
imprisonment.
(4) Nothing
in subsection (1) shall be construed so as to prohibit or restrict a lawyer
from carrying out the practice of law as permitted under the Legal Profession Act or carrying out any
task or function that is ancillary to the carrying out of the practice of law.
Part 2
Voluntary Identification Cards
Definition
16 In this Part, “identification
card” means an identification card issued under section 17(2).
Identification
cards
17(1) A person may apply for an identification card in accordance
with the regulations.
(2) The Minister may issue an
identification card to an applicant in accordance with the regulations.
(3) No person is required to obtain an
identification card.
Crown not liable
18 No liability attaches to the
Crown for any loss or damage that arises from the issuance of an identification
card, or from incorrect information contained in an identification card or an
application for an identification card, notwithstanding that the information
may have been entered by some person other than the applicant for an
identification card.
Offences
19 A person is guilty of an
offence who
(a)makes
a false statement in an application for an identification card,
(b)being
the holder of an identification card permits another person to possess or use
it,
(c)uses
an identification card belonging to another person,
(d)alters
or falsifies an identification card,
(e)possesses
or uses an identification card that has been altered or falsified,
(f)possesses
or uses any fictitious document purporting to be an identification card, or
(g)knowingly
makes a false statement in an identification card.
Regulations
20 The Minister may make
regulations respecting
(a)the
information to be provided with an application for an identification card;
(b)the
establishment of the identity of an applicant;
(c)the
issuance, renewal, cancellation and expiration of identification cards;
(d)the
qualifications or conditions required to be met in order to be issued or to
hold an identification card;
(e)the
form of an identification card and other forms and documents required for the
purposes of this Part;
(f)the
collection, use and disclosure of information provided under this Part;
(g)fees
to be charged under this Part.
RSA 2000 cG‑10
Sched. 12;2003 c8 s2
Schedule 13
Social Housing and
Consumer Matters
Loans
1(1) In this section, “housing” means
(a)buildings
or structures suitable and adequate for human habitation that are or are to be
used primarily for that purpose, or
(b)projects
for the provision, construction or rehabilitation of those buildings or
structures,
and includes the
infrastructure of, or the provision or construction of infrastructure for,
those buildings, structures or projects.
(2) The
Minister, when authorized by regulations under subsection (3), may make loans
for the following:
(a)the
cost of acquiring and preparing land for housing;
(b)the
cost of improving or developing land for housing;
(c)the
cost of designing, constructing, maintaining or improving housing;
(d)the
cost of providing sewer, water and other utilities in respect of housing;
(e)any
other purpose that the Minister considers incidental to or proper, necessary or
desirable in connection with housing.
(3) The
Lieutenant Governor in Council may make regulations
(a)authorizing
the Minister to make loans in accordance with and for the purposes mentioned in
subsection (2);
(b)respecting
the purposes for which loans may be made;
(c)governing
applications for loans;
(d)respecting
the persons or organizations or classes of persons or organizations eligible
for loans;
(e)respecting
the conditions required to be met by any applicant for a loan to render that
person eligible for it;
(f)respecting
the conditions on which a loan is made and the obligations of a person to whom
a loan is made;
(g)respecting
the class of security that the Minister may require to be given by applicants
respecting a loan;
(h)limiting
the amount of a loan or class of loan;
(i)authorizing
the Minister to delegate in writing to any employee or agent of the Government
any duty or power respecting the making of a loan;
(j)requiring
a recipient to account for the way in which a loan made by the Government is
spent in whole or in part;
(k)authorizing
the Minister to enter into an agreement with respect to any matter relating to
the making of a loan.
(4) Regulations
made under subsection (3) may be specific or general in their application.
(5) Notwithstanding
subsection (3)(f), the Minister may impose further conditions not prescribed in
the regulations on the making of a particular loan.
(6) The
Minister may do all things necessary to realize on any security given to the
Government in consideration of a loan.
Powers
and functions of Minister
2 The Minister
(a)may
develop and implement policies, programs, services and administrative
procedures in matters pertaining to consumer protection;
(b)may
cause to be investigated complaints of practices that
(i)are in contravention of Acts for the protection of consumers,
(ii)appear to be detrimental either to a business or to a consumer,
or
(iii)are unethical business practices;
(c)may
compile, study and assess information directly or indirectly related to matters
pertaining to consumer protection in order to carry out the Minister’s
functions and responsibilities under this Schedule or any other Act and with a
view to providing that information, or the results of the study and assessment,
to departments of the Government, government agencies and the public;
(d)may
arrange for and assist in the representation of and on behalf of consumers
before any tribunal whose decision or other action may materially affect the
interests of consumers;
(e)may
do any other things the Minister considers necessary for the furtherance of
consumer protection.
Investigation
and examination
3(1)In
carrying out the powers conferred on the Minister by this Schedule, the Minister,
or a person authorized in writing by the Minister for the purpose, may, by
notice to any person, require that person to furnish to the Minister or
authorized person within the time specified in the notice written information
verified by affidavit in connection with any matter under investigation.
(2) The
Minister, or a person authorized in writing by the Minister to conduct an
investigation, has for the purposes of an investigation conducted under this
Schedule, the powers of a commissioner appointed under the Public Inquiries Act.
(3) A
person who fails to comply with a requirement made under subsection (1) is
guilty of an offence and liable to a fine of not more than $500 and in default
of payment to imprisonment for a term not exceeding 90 days.
(4) A person is not guilty of an offence
under subsection (3) if in the circumstances of the case the time specified in
the notice was unreasonable.
1994 cG‑8.5 Sched. 11
Schedule
13.1
Office of the Utilities
Consumer Advocate
Office of the Utilities Consumer
Advocate established
1 The Office of the Utilities
Consumer Advocate is established as part of the department of the responsible
Minister, consisting of the Utilities Consumer Advocate and such staff as the
responsible Minister determines.
Responsibilities
2 The Office of the Utilities
Consumer Advocate has the following responsibilities:
(a)to
represent the interests of Alberta residential, farm and small business
consumers of electricity and natural gas before proceedings of the Alberta Utilities
Commission and other bodies whose decisions may affect the interests of those
consumers;
(b)to
disseminate independent and impartial information about the regulatory process
relating to electricity and natural gas, including an analysis of the impact of
decisions of the Alberta Utilities Commission, other bodies and the courts
relating to electricity and natural gas;
(c)to
inform and educate consumers about electricity and natural gas issues;
(d)to
carry out such other responsibilities relating to electricity and natural gas
as the responsible Minister determines.
Regulations
3The Lieutenant Governor in Council may make
regulations
(a)adding to, clarifying, limiting or
restricting any of the responsibilities of the Office of the Utilities Consumer
Advocate or regulating how they are to be carried out;
(b)respecting any other matter necessary to
carry out the intent of this Schedule.
2007 cA‑37.2 s82(13)
Schedule
14
Transportation Matters
Definition
1 In this Schedule, “highway” or “road”
(a)means
land used or surveyed for use as a public highway or road, and
(b)includes
a bridge forming part of a public highway or road and any structure incidental
to the public highway or road or bridge.
Administration
of highways, railways and airports
2 Unless the administration is assigned or
transferred to some other Minister by an Act or by an order of the Lieutenant
Governor in Council, the Minister of Infrastructure has the administration of
all highways the title to which is vested in the Crown in right of Alberta and
all airports, airstrips and railways held, used or occupied by, or the title to
which is vested in, the Crown in right of Alberta.
Disposal
of land, etc.
3(1) The Minister may sell, lease or
otherwise dispose of any public land under the Minister’s administration in
accordance with section 10 of Schedule 11.
(2) When
any machinery, vehicles, equipment, stock or material is no longer required,
the Minister may sell, lease or otherwise dispose of it on any terms and conditions
the Minister considers proper and the proceeds, if any, of the sale or
disposition form part of the General Revenue Fund.
(3) When
practicable, property referred to in subsection (2) shall be sold, leased or
otherwise disposed of by tender or by public auction.
(4) A
lease or disposition of a mine or mineral shall be made pursuant to the Mines and Minerals Act.
Construction,
maintenance and repair
4 The design, construction, alteration, repair and
maintenance of a highway, airport, airstrip or railway for which the Minister
is responsible may be done either
(a)by
employees of the Minister’s Department, or
(b)by
any other persons under contract or commission, when the Minister is of the
opinion that
(i)from the nature of the work, it can be executed more
expeditiously or economically in that manner, or
(ii)it is desirable or expedient to do so.
Airstrips
and airports
5(1) The Minister may, in relation to
airstrips and airports that are or are to be under the Minister’s
administration,
(a)purchase
land for an airstrip or airport or the site of any structure incidental to the
airstrip or airport;
(b)construct,
operate and maintain airstrips or airports;
(c)control
traffic on and regulate the use of airstrips and airports.
(2) There
is no obligation on the Minister to construct or maintain any airstrip or
airport for public use.
(a)shall
exercise the powers and is charged with the duties attached to the office of
the Solicitor General of England by law or usage insofar as those powers and
duties are applicable to Alberta, and
(b)is
charged generally with any duties that may be at any time assigned to the Solicitor
General by law or by the Lieutenant Governor in Council.
