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STATUTES AMENDMENT ACT, 2013 (NO. 2)

STATUTES AMENDMENT ACT, 2013 (NO. 2)

Chapter 23

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:


Dower Act

Amends RSA 2000 cD‑15

5(1)  The Dower Act is amended by this section.

(2)  Section 5 is amended

                            (a)    in subsection (1) by striking out “apart from the married person”;

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

(2)  The acknowledgment shall be made

                                 (a)    apart from the married person in whose favour the consent is made, and

                                 (b)    before a solicitor, barrister, lawyer or attorney‑at‑law residing in Alberta, or residing in any other province, realm and territory, state or country, other than the solicitor or the partner or employee of the solicitor acting for the married person in whose favour the consent is made.

(2.1)  A certificate of the acknowledgment shall be endorsed on or attached to the disposition executed by the spouse in the prescribed form.

(3)  Section 21(1) is repealed and the following is substituted:

Execution of consent

21(1)  When a disposition of the homestead of a deceased married person is made during the lifetime of the surviving spouse, the spouse shall

                                 (a)    execute the consent in the prescribed form, and

                                 (b)    acknowledge

                                        (i)    that the spouse is aware of the nature of the disposition,

                                      (ii)    that the spouse is aware that the Dower Act gives the spouse a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent,

                                     (iii)    that the spouse consents to the disposition for the purpose of giving up, to the extent necessary to give effect to the disposition, the life estate and other dower rights given by the Dower Act in the homestead, and

                                     (iv)    that the spouse is executing the document freely and voluntarily without any compulsion on the part of the person disposing of the property.

(1.1)  The acknowledgment shall be made by the spouse

                                 (a)    apart from the person disposing of the property, and

                                 (b)    before a solicitor, barrister, lawyer or attorney‑at‑law residing in Alberta, or residing in any other province, realm and territory, state or country, other than a solicitor or the partner or employee of a solicitor acting for the estate of the married person in whose favour the acknowledgment is made.

(1.2)  A certificate of the acknowledgment shall be endorsed on or attached to the disposition executed by the spouse in the prescribed form.

(4)  This section comes into force on Proclamation.

Provincial Court Act

Amends RSA 2000 cP‑31

11(1)  The Provincial Court Act is amended by this section.

(2)  The following is added after section 9.9:

Electronic documents

9.91(1)  In this section,

                                 (a)    “data” means representations of information or concepts, in any form;

                                 (b)    “deal with” includes create, sign, use, collect, receive, provide, store, transfer, reproduce, distribute, publish, process, file, access and retain;

                                 (c)    “document” means the representation of information, data or a record in any form and includes notes, images, audiovisual recordings, x‑rays, books, maps, drawings, photographs, letters, vouchers and papers and any other information that is written, photographed, recorded or stored in any manner, but does not include software or any mechanism that produces records;

                                 (d)    “electronic” includes created, recorded, transmitted or stored in digital form or in any other intangible form by electronic, magnetic or optical means or by any other means that have similar capabilities for creation, recording, transmission or storage;

                                 (e)    “electronic document” means the representation of information, data or a record that is created, recorded, transmitted or stored in digital form or in any other intangible form by electronic, magnetic or optical means or by any other means that have similar capabilities for creation, recording, transmission or storage, and includes any display, print‑out or other output of the information, data or record;

                                 (f)    “electronic signature” means electronic data that a person creates or adopts in order to sign an electronic document and that is in, attached to or associated with the electronic document;

                                 (g)    “enactment” means

                                        (i)    an Act of the Legislature of Alberta and a regulation made under an Act of the Legislature of Alberta, and

                                      (ii)    an Act of the Parliament of Canada and a statutory instrument made under an Act of the Parliament of Canada.

(2)  The Court may, with respect to any matter under its jurisdiction, deal with electronic documents or data in accordance with the regulations.

(3)  A requirement under an enactment that a document be made in writing is satisfied by the making of the document in electronic form if the electronic document meets the requirements provided for by the regulations.

(4)  If an enactment requires that a document be signed, the Court may accept an electronic signature in an electronic document if the electronic signature meets the requirements provided for by the regulations.

(5)  The Court may accept an electronic document as an original document if the electronic document meets the requirements provided for by the regulations.

(6)  The Lieutenant Governor in Council may make regulations

                                 (a)    respecting the creation, signing, use, collection, receipt, provision, storage, transfer, reproduction, distribution, publication, processing, filing or retention of, or access to, or other dealing with, electronic documents;

                                 (b)    respecting the conversion of electronic documents into non-electronic documents and the conversion of non-electronic documents into electronic documents and respecting dealing with the converted documents;

                                 (c)    respecting the signing of documents, including, without limitation, regulations

                                        (i)    respecting requirements pertaining to electronic signatures,

                                      (ii)    dispensing with any requirement that a document be signed, and

                                     (iii)    respecting alternatives to electronic signatures;

                                 (d)    respecting the documents or classes of documents, including electronic documents, to which this section applies;

                                 (e)    respecting the making of informations, affidavits, solemn declarations, statements under oath or solemn affirmations in the form of electronic documents;

                                 (f)    respecting processes for ensuring or verifying the authenticity, integrity or security of an electronic document or the integrity or security of the system that provides the means for dealing with the electronic document;

                                 (g)    defining for the purposes of this section any term or expression that is used in this section but not defined in this section;

                                 (h)    respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

2013 c23 s11;2014 c13 s11

(3)  This section comes into force on Proclamation.

Recording of Evidence Act

Amends RSA 2000 cR‑7.5

12(1)  The Recording of Evidence Act is amended by this section.

(2)  Section 1(f) is amended

                            (a)    by adding “or” at the end of subclause (i) and repealing subclause (ii);

                           (b)    in subclause (iii) by striking out “court reporter” and substituting “transcriber”.

(3)  Section 1.1 is repealed.

(4)  Section 1.2 is repealed and the following is substituted:

Transcribers

1.2   The Minister may appoint persons as transcribers for the purposes of this Act.

(5)  On the coming into force of this section, an appointment of a person as a court reporter under section 1.2 of the Recording of Evidence Act that was in effect immediately before the coming into force of this section continues as an appointment of the person as a transcriber until the term for which the person is appointed expires or the appointment is terminated or revoked.

(6)  The Provincial Court Act is amended in section 37(1)(a) by striking out “appointed pursuant to the Recording of Evidence Act and substituting “as defined in the Alberta Rules of Court (AR 124/2010)”.

(7)  This section comes into force on Proclamation.