ALBERTA PUBLIC AGENCIES
GOVERNANCE ACT

Chapter A‑31.5

Table of Contents

Interpretation

                1       Definitions and application of Act

                2       Paramountcy

Mandate and Roles Documents

                3       Contents of Mandate and Roles Document

                4       Review of document

                5       Document to be made public

Powers and Responsibilities of Ministers

                6       Obligations of responsible Minister

                7       Advice of public agency

                8       Disclosure of information

                9       Restrictions

              10       Policies

Responsibilities of Public Agencies

              11       Codes of conduct

              12       Responsibilities

Members of Public Agencies

              13       Recruitment of members

              14       Term of office

              15       Reappointment

              16       Saving

Chief Executive Officers

              17       Remuneration of chief executive officers

              18       Restriction

Review of Public Agencies

              19       Review

Regulations

              20       Lieutenant Governor in Council regulations

Transitional Provisions, Consequential
Amendments and Coming into Force

              21       Transitional re Mandate and Roles Documents

              22       Transitional re termination of appointments for indefinite term

              23       Transitional re maximum years of service

              24       Orders of Lieutenant Governor in Council

              25       Application of sections 22 to 24

        26‑80       Consequential amendments

              81       Coming into force

Preamble

WHEREAS Ministers of the Crown are accountable to the public for the activities and performance of public agencies in their ministries;

WHEREAS public agencies are responsible for their activities and for the fulfilment of their mandates, and are accountable to their responsible Minister respecting their activities, successes and failures;

WHEREAS public agencies require varying degrees of authority to fulfil their mandates; and

WHEREAS clear communication and transparency are desirable with respect to the governance, mandates and activities of public agencies;

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

Interpretation

Definitions and application of Act

1(1)  In this Act,

                             (a)    “adjudicative function”, in respect of a public agency, means

                                     (i)    a function assigned or authorized to be performed by the public agency under an enactment, the performance of which includes

                                         (A)    the making of binding decisions in respect of applications, if the enactment authorizes the public agency to hold hearings respecting the applications,

                                         (B)    the making of binding decisions in respect of disputes, other than disputes respecting applications, or

                                         (C)    the hearing of reviews or appeals and the making of binding decisions in respect of those reviews or appeals,

                                    (ii)    any alternative dispute resolution process that is ancillary to a function described in subclause (i), and

                                   (iii)    a function specified in the regulations;

                             (b)    “application” means an application made under an Act for a permit, licence, approval or other benefit;

                             (c)    “advisory agency” means a public agency that performs advisory functions only and that does not administer a budget;

                             (d)    “chief executive officer” means the highest‑ranking executive of a public agency who has primary responsibility for overseeing the day‑to‑day operations of the public agency, but does not include the chair of an advisory agency or of a public agency that performs only adjudicative functions and any educational or administrative functions ancillary to them;

                             (e)    “department” means a department established under the Government Organization Act;

                              (f)    “establishing enactment”, in respect of a public agency, means the Act or regulation that establishes or continues the public agency, but does not include a regulation made by a Minister;

                             (g)    “Mandate and Roles Document” means a Mandate and Roles Document described in section 3;

                             (h)    “member” means

                                     (i)    in respect of a public agency that is an unincorporated body, one of the members of the public agency, and

                                    (ii)    in respect of a public agency that is a corporation, one of the members of the public agency or its board, council or other governing body;

                              (i)    “public agency” means

                                     (i)    a corporation, other than a corporation incorporated by or under a local or private Act, all or a majority of whose members or directors are appointed or designated, either by their personal names or by their names of office, by an Act of the Legislature or regulations under an Act of the Legislature, by an order of the Lieutenant Governor in Council or of a Minister of the Crown or by any combination of those methods,

                                    (ii)    a corporation all of whose issued voting shares of every class are owned by the Crown or held in trust for the Crown or are partly owned by the Crown and partly held in trust for the Crown,

                                   (iii)    an unincorporated board, commission, council or other body that is not a department or part of a department, all or a majority of whose members are appointed or designated, either by their personal names or by their names of office, by an Act of the Legislature or regulations under an Act of the Legislature, by an order of the Lieutenant Governor in Council or of a Minister of the Crown or by any combination of those methods, and

                                  (iv)    a body that is specified in, or that meets the criteria set out in, the regulations;

                              (j)    “regulation” means a regulation as defined in section 1(1)(c) of the Interpretation Act, but does not include any instrument, whether of a legislative nature or not, that is made by a body other than the Lieutenant Governor in Council or a Minister;

                             (k)    “remuneration” means any consideration, compensation or benefit, regardless of its nature or form, that is given by the Government of Alberta or a public agency to a member or a chief executive officer in respect of services provided to a public agency, and includes honorariums.

(2)  In this Act, a reference to the responsible Minister in respect of a public agency or to the Minister who is responsible for a public agency is a reference to

                             (a)    the Minister to whom the public agency reports, or

                             (b)    the Minister determined under subsection (3).

(3)  The Lieutenant Governor in Council may by order decide, in respect of any particular public agency,

                             (a)    any question that arises as to which Minister is the responsible Minister for the purposes of subsection (2)(a), and

                             (b)    which Minister is the responsible Minister, if the public agency is not required to report to a Minister.

(4)  This Act does not apply to the following:

                             (a)    The Provincial Court of Alberta;

                             (b)    a body all of whose members are elected officials;

                             (c)    a body excluded by the regulations.

(5)  Subject to the regulations, this Act does not apply to the following:

                             (a)    a subsidiary health corporation under the Regional Health Authorities Act;

                             (b)    an advisory agency whose members receive no remuneration other than payment of or reimbursement for travelling, living or other expenses incurred while away from their ordinary places of residence and in the course of their duties as members;

                             (c)    a body established or continued by or under an Act of Canada;

                             (d)    a body established or continued by an enactment or instrument under which the body will expire or be dissolved or disestablished within one year of its establishment or continuation;

                             (e)    a body

                                     (i)    that is not empowered to perform any adjudicative functions,

                                    (ii)    that is chaired by, or whose board, council or other governing body is chaired by, a Minister or an employee of the Government of Alberta, and

                                   (iii)    all or a majority of whose members are Ministers or employees of the Government of Alberta.

2009 cA‑31.5 s1;2013 cF‑14.5 s20

Paramountcy

2(1)  Except where this Act or the regulations provide otherwise, the provisions of this Act and the regulations under this Act prevail to the extent of any inconsistency or conflict with one or more provisions of any other enactment except the Freedom of Information and Protection of Privacy Act and the Health Information Act.

(2)  The Lieutenant Governor in Council may make regulations expressly providing that another enactment, or a provision of it, prevails over this Act, a provision of it or the regulations, either generally or in respect of a specified public agency.

(3)  A provision of an enactment that

                             (a)    imposes duties on a public agency or confers powers on a Minister who is responsible for a public agency that are additional to those imposed or conferred by this Act, or

                             (b)    imposes a maximum number of years of service for members of a public agency that is shorter than the applicable maximum number of years of service provided for in section 14(2)

is not inconsistent or in conflict with this Act for the purposes of subsection (1).

 

Mandate and Roles Documents

Contents of Mandate and Roles Document

3(1)  Every public agency must, within 3 months of its establishment or continuation, have a Mandate and Roles Document that is jointly developed by the public agency and its responsible Minister and that includes a description of each of the following:

                             (a)    the public agency’s mandate;

                             (b)    the roles and responsibilities of

                                     (i)    the public agency,

                                    (ii)    its members,

                                   (iii)    its chief executive officer, if any,

                                  (iv)    the responsible Minister,

                                   (v)    any departments or employees of the Government of Alberta that provide support or services to the public agency, and

                                  (vi)    any subsidiaries of the public agency,

                                      including roles and responsibilities in respect of recruitment, orientation and training of members, communication with the public and evaluation of the public agency’s and its members’ performance;

                             (c)    the accountability relationships of the public agency, including its duty to account to the responsible Minister;

                             (d)    the process for administering the public agency’s code of conduct;

                             (e)    the public agency’s and the responsible Minister’s mutual expectations in respect of communication, collaboration and consultation with each other;

                              (f)    the committee structure of the public agency, if any;

                             (g)    the financial, staffing and administrative arrangements for the public agency;

                             (h)    the public agency’s planning and reporting requirements;

                              (i)    any other matters specified in the regulations.

(2)  A Mandate and Roles Document may be amended at any time by the public agency and the responsible Minister.

(3)  A Mandate and Roles Document and any amendment made to it must be signed on behalf of the public agency and by the responsible Minister.

 

Review of document

4   A Mandate and Roles Document must be reviewed and renewed, amended or replaced within 3 years after the day on which

                             (a)    the Mandate and Roles Document, or

                             (b)    the most recent amendment to the Mandate and Roles Document,

was signed.

Document to be made public

5   A Mandate and Roles Document must be made available to the public.

Powers and Responsibilities of Ministers

Obligations of responsible Minister

6   A Minister who is responsible for a public agency shall

                             (a)    participate with the public agency in setting the public agency’s long‑term objectives and its short‑term targets, if any,

                             (b)    advise the public agency, as the Minister considers appropriate, respecting any government policies applicable to the public agency or its activities or operations, and

                             (c)    monitor whether the public agency is

                                     (i)    acting within its mandate, and

                                    (ii)    achieving its long‑term objectives and short‑term targets, if any.

 

Advice of public agency

7(1)  A Minister who is responsible for a public agency may consult with the public agency and request its advice or comments on any matter respecting the development, establishment, amendment, termination or repeal of any enactment, program, directive, guideline or policy that is related to the public agency’s mandate.

(2)  A public agency may provide advice or comments in response to a request under subsection (1), and may volunteer to provide advice or comments to the responsible Minister on any matter described in that subsection.

 

Disclosure of information

8(1)  Subject to section 9 and the regulations, a Minister who is responsible for a public agency may request from the public agency any information, including personal information, that the Minister considers necessary respecting its activities and operations or that the Minister considers necessary for the development, establishment, amendment, termination or repeal of any enactment, program, directive, guideline or policy, and the public agency shall disclose the information within the time and in the form and manner determined by the Minister.

(2)  Subject to section 9 and the regulations, a public agency shall allow its responsible Minister or that Minister’s representative

                             (a)    to inspect all records, accounts, reports and other documents of the public agency and to make copies of them, including, in the case of an electronic document, by printing the document or by causing it to be printed, and

                             (b)    to otherwise review the operations of the public agency.

(3)  If the information disclosed under subsection (1) or contained in records, accounts, reports or other documents of the public agency inspected or copied under subsection (2)(a) is personal information as defined in the Freedom of Information and Protection of Privacy Act, the responsible Minister may collect and use that personal information

                             (a)    for the purposes of

                                     (i)    reviewing and monitoring the activities and operations of the public agency,

                                    (ii)    ensuring the public agency is acting in accordance with its Mandate and Roles Document, or

                                   (iii)    carrying out the responsibilities of the Minister under this Act,

                                 and

                             (b)    for any other purpose authorized by the regulations.

(4)  If the information disclosed under subsection (1) or contained in records, accounts, reports or other documents inspected or copied under subsection (2)(a) relates to labour relations, is a trade secret or is of a commercial, financial, scientific or technical nature, the information is to be treated as having been provided in confidence.

 

Restrictions

9(1)  Section 8(1) does not authorize a request for information

                             (a)    in respect of a particular matter in which the public agency has performed or is or will be performing an adjudicative function, if complying with the request may reasonably be expected to affect the independence of the public agency respecting that matter, or

                             (b)    if the regulations or the public agency’s establishing enactment provides that section 8(1) does not apply in respect of information of that type.

(2)  Section 8(2)(a) does not authorize the inspection or copying of documents

                             (a)    in respect of a particular matter in which the public agency has performed or is or will be performing an adjudicative function, if inspecting or copying the documents may reasonably be expected to affect the independence of the public agency respecting that matter, or

                             (b)    if the regulations or the public agency’s establishing enactment provides that section 8(2)(a) does not apply in respect of documents of that type.

 

Policies

10(1)  Subject to subsection (2), a Minister who is responsible for a public agency may set policies that must be followed by the public agency in carrying out its powers, duties and functions.

(2)  A policy must not be set under this section

                             (a)    in respect of a public agency’s adjudicative functions, or

                             (b)    if an Act, the regulations under this Act or any other regulation made by the Lieutenant Governor in Council prohibits the making of policies of that type.

 

Responsibilities of Public Agencies

Codes of conduct

11(1)  Every public agency shall implement

                             (a)    a code of conduct governing the conduct of its members, and

                             (b)    a code of conduct governing the conduct of its employees, if any.

(2)  A code of conduct referred to in subsection (1) must include provisions

                             (a)    requiring members or employees to conduct themselves impartially in carrying out their duties,

                             (b)    prohibiting members or employees from acting in self‑interest or furthering their private interests by virtue of their position or through the carrying out of their duties,

                             (c)    requiring members or employees to disclose real and apparent conflicts of interest, and

                             (d)    respecting any other matters specified in the regulations.

(3)  A public agency shall make its codes of conduct available to the public.

 

Responsibilities

12   Every public agency shall

                             (a)    make all reasonable efforts to fulfil its mandate,

                             (b)    participate with its responsible Minister in setting its long‑term objectives and short‑term targets, if any,

                             (c)    monitor its activities for the purpose of ensuring that it is

                                     (i)    acting within its mandate,

                                    (ii)    acting in accordance with any policies made under section 10(1) and any regulations respecting those policies, and

                                   (iii)    achieving its long-term objectives and short-term targets, if any,

                             (d)    inform its responsible Minister respecting its significant activities and operations and any significant events that may affect those activities or operations, and

                             (e)    discharge any other responsibilities set out in the regulations.

Members of Public Agencies

Recruitment of members

13(1)  The process by which a member is recruited to a public agency must

                             (a)    identify any skills, knowledge, experience or attributes required of the member before recruitment begins, and

                             (b)    base the selection of a person for appointment as a member on assessment of the extent to which the person possesses the identified skills, knowledge, experience or attributes.

(2)  The steps that are taken or intended to be taken in a recruitment process and any identified skills, knowledge, experience or attributes required of a member to be appointed must be made public either before or after the member is appointed.

 

Term of office

14(1)  Every appointment must be for a fixed term.

(2)  Subject to the regulations, no person shall be appointed as a member for a term that would result in the person serving as a member for more than

                             (a)    12 consecutive years, in the case of a public agency that is empowered to perform an adjudicative function, or

                             (b)    10 consecutive years, in any other case.

(3)  Breaks in service of less than 2 years shall be disregarded in determining a number of consecutive years for the purposes of subsection (2).

(4)  If in the opinion of the responsible Minister it is necessary to ensure the effective operation of a public agency, the responsible Minister may recommend to the Lieutenant Governor in Council that an order be made providing that subsection (2) does not apply in respect of a specified appointment to the public agency, and the Lieutenant Governor in Council may make an order to that effect.

 

Reappointment

15   An appointed member may be reappointed for an additional term only if, in the opinion of the responsible Minister, the member meets the requirements of the position.

 

Saving

16   Actions of a public agency or its governing body are valid notwithstanding any defect in compliance with section 13, 14 or 15 in the recruitment, appointment or reappointment of any member.

 

Chief Executive Officers

Remuneration of chief executive officers

17(1)  Subject to the regulations, and unless the Act, regulation or order that establishes or continues the public agency provides otherwise, a public agency that appoints or engages its own chief executive officer may set the remuneration and expenses to be paid to the chief executive officer.

(2)  Subsection (1) does not apply to a chief executive officer who is an employee under the Public Service Act.

 

Restriction

18(1)  In this section, “chair” includes an acting chair.

(2)  No person shall serve as both the chair and the chief executive officer of a public agency unless expressly authorized by

                             (a)    the public agency’s establishing enactment, or

                             (b)    the regulations.

(3)  If a person serves as both a member and the chief executive officer of a public agency, the public agency shall establish and implement, to the satisfaction of the responsible Minister, a process by which the chief executive officer’s performance is overseen by other members of the public agency.

Review of Public Agencies

Review

19(1)  The mandate and operations of every public agency must, at least every 7 years, be reviewed by the responsible Minister, who shall report the results of the review to the Executive Council.

(2)  In reviewing a public agency, the responsible Minister shall consider

                             (a)    whether, and the extent to which, the public agency’s mandate continues to be relevant to the goals, priorities and policies of the Government of Alberta,

                             (b)    whether the functions performed by the public agency are best performed by the public agency, by another public agency or by a department,

                             (c)    whether the public agency’s governance structure continues to be appropriate to its mandate and functions,

                             (d)    whether the public agency is carrying out its activities and operations in a manner that is effective and suited to achieving its mandate, and

                             (e)    any other matters set out in the regulations.

 

Regulations

Lieutenant Governor in Council regulations

20   The Lieutenant Governor in Council may make regulations

                             (a)    specifying functions that are adjudicative functions for the purposes of section 1(1)(a)(iii);

                             (b)    respecting the application of this Act or any provision of this Act to a public agency, including regulations

                                     (i)    specifying bodies or classes of bodies that are public agencies for the purposes of this Act, including setting out criteria referred to in section 1(1)(i)(iv),

                                    (ii)    excluding bodies or classes of bodies from the application of this Act, and

                                   (iii)    exempting a public agency from the application of any provision of this Act, whether wholly or to the extent or for the period specified in the regulations;

                             (c)    respecting Mandate and Roles Documents, including their form and contents and the manner in which they are to be made public;

                             (d)    respecting evaluations referred to in section 3(1)(b);

                             (e)    respecting requests for information under section 8(1), the inspection and copying of documents under section 8(2) and the purposes for which a responsible Minister may collect and use personal information under section 8(3);

                              (f)    specifying, for the purposes of section 9(1)(b), types of information that must not be requested under section 8(1);

                             (g)    specifying, for the purposes of section 9(2)(b), types of documents that must not be inspected or copied under section 8(2)(a);

                             (h)    respecting policies referred to in section 10, including regulations prohibiting the making of specified types of policies in respect of a public agency;

                              (i)    respecting codes of conduct, including the contents and implementation of codes of conduct, the form and manner in which a code of conduct is to be made public and processes for administering codes of conduct;

                              (j)    respecting recruitment processes for members of public agencies;

                             (k)    respecting the reappointment of members of public agencies;

                              (l)    respecting the application of this Act or any provision of this Act to appointments to specified offices or classes of offices of public agencies or their governing bodies, including regulations exempting specified offices or classes of offices from the application of any provision of this Act, whether wholly or to the extent or for the period specified in the regulations;

                            (m)    respecting the application of any provision of this Act to specified appointments, including exempting specified appointments from the application of any provision of this Act;

                             (n)    respecting responsibilities of public agencies referred to in section 12;

                             (o)    respecting responsibilities of members of public agencies;

                             (p)    respecting the form and manner in which recruitment processes are to be made public for the purposes of section 13(2);

                             (q)    respecting remuneration of members and chief executive officers of public agencies;

                              (r)    respecting payment of expenses of members and chief executive officers of public agencies;

                              (s)    specifying public agencies in respect of which the offices of chief executive officer and chair of a public agency may be held by the same person;

                              (t)    respecting committees of public agencies;

                             (u)    respecting audit processes required in respect of public agencies;

                             (v)    respecting processes for the resolution of disputes between public agencies and their responsible Ministers regarding the application of this Act and the regulations;

                            (w)    respecting the establishment and continuation of public agencies;

                             (x)    respecting reviews of public agencies;

                             (y)    respecting the dissolution and winding-up of public agencies;

                             (z)    extending the time for doing anything required to be done under this Act or the regulations;

                           (aa)    specifying public agencies, classes of public agencies and classes of members of public agencies in respect of which regulations made under any provision of this Act apply.

Transitional Provisions, Consequential
Amendments and Coming into Force

Transitional re Mandate and Roles Documents

21   If before the coming into force of section 3(1) a document is signed on behalf of a public agency and by its responsible Minister that meets the requirements set out in section 3(1)(a) to (i), the document is deemed to be a Mandate and Roles Document for the purposes of that section.

 

Transitional re termination of appointments for indefinite term

22   Notwithstanding any other enactment, if on the coming into force of this Act a member of a public agency has been appointed for an indefinite term under an enactment,

                             (a)    the appointment terminates 2 years after the day on which this Act comes into force unless the appointment is terminated before that time, and

                             (b)    the person or body authorized to make the appointment may terminate it at any time without cause,

unless an order under section 24 provides otherwise.

 

Transitional re maximum years of service

23(1)  Notwithstanding any other enactment, if on the coming into force of this Act a member of a public agency described in section 14(2)(a) has been appointed for a specified term and has served as a member for 12 or more consecutive years as determined in accordance with section 14, the member’s appointment terminates on the expiry of that appointment unless it is terminated before that time or an order under section 24 provides otherwise.

(2)  Notwithstanding any other enactment, if on the coming into force of this Act a member of a public agency described in section 14(2)(b) has served as a member for 10 or more consecutive years as determined in accordance with section 14, the member’s appointment terminates 2 years after the day on which this Act comes into force unless the appointment is terminated or expires before that time or an order under section 24 provides otherwise.

 

Orders of Lieutenant Governor in Council

24   The Lieutenant Governor in Council may order

                             (a)    that the 2-year period provided by section 22(a) be extended for a specified period in respect of a specified appointment to which that section applies,

                             (b)    that the term of a specified appointment to which section 23(1) or (2) applies be extended for a specified period, and

                             (c)    that the 2-year period provided by section 23(2) be extended for a specified period in respect of a specified appointment to which that section applies. 

 

Application of sections 22 to 24

25   For greater certainty, sections 22 to 24 and any order made under section 24 apply notwithstanding the term of office for which a member was appointed.

 

Amends RSA 2000 cA‑19

26   The Alberta Foundation for the Arts Act is amended by repealing section 8 and substituting the following:

Remuneration and expenses

8(1)  The Foundation shall pay its members

                                   (a)    remuneration, and

                                   (b)    travelling, living and other expenses incurred in the course of their duties as members.

(2)  Remuneration and expenses referred to in subsection (1) must be determined

                                   (a)    in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, or

                                   (b)    by the Minister if no regulations under the Alberta Public Agencies Governance Act are applicable.

 

Amends SA 2007 cA‑26.5

27   The Alberta Investment Management Corporation Act is amended

                             (a)    in section 4 by adding the following after subsection (3):

(4)  If regulations under the Alberta Public Agencies Governance Act apply in respect of the remuneration of members of the board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under subsection (3).

                             (b)    by repealing section 7(2) and substituting the following:

(2)  The board shall, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, set the compensation to be paid to the Chief Executive Officer.

                             (c)    in section 19.1(1) by striking out “and” at the end of clause (b) and adding the following after clause (b):

                                (b.1)    a policy set pursuant to section 10 of the Alberta Public Agencies Governance Act, and

2009 cA‑31.5 s27;2011 c8 s7

Amends RSA 2000 cA-37

28   The Alberta Treasury Branches Act is amended by adding the following after section 6:

Remuneration of Chief Executive Officer

6.1   The board may, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, set the remuneration payable to the Chief Executive Officer.

 

Amends SA 2007 cA-37.2

29   The Alberta Utilities Commission Act is amended

                             (a)    in section 3

                                     (i)    by repealing subsection (3) and substituting the following:

(3)  The Lieutenant Governor in Council shall, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, determine the remuneration of the members of the Commission, which is to be paid by the Commission.

                                    (ii)    by repealing subsection (5) and substituting the following:

(5)  Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, a member of the Commission is eligible for reappointment for one or more terms not exceeding 5 years each.

                             (b)    by repealing section 6(2) and substituting the following:

(2)  The Commission shall, in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, establish and maintain policies and procedures addressing the identification, disclosure and resolution of matters involving conflict of interest of members of the Commission and senior officers and employees of the Commission.

                             (c)    by repealing section 7(2) and substituting the following:

(2)  The Commission shall determine the remuneration to be paid to the Chief Executive in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

                             (d)    in section 33

                                     (i)    by repealing subsection (4) and substituting the following:

(4)  Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, the individual appointed as Market Surveillance Administrator is eligible to be reappointed for one or more terms not exceeding 5 years each.

                                    (ii)    by repealing subsection (6) and substituting the following:

(6)  The individual appointed as Market Surveillance Administrator may be paid remuneration determined

                                                (a)    in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, or

                                                (b)    by the Minister if no regulations under the Alberta Public Agencies Governance Act are applicable,

and the remuneration to be paid must be set out in the budget of the Market Surveillance Administrator.

 

Amends RSA 2000 cA-42

30   The Apprenticeship and Industry Training Act is amended

                             (a)    in section 2

                                     (i)    by repealing subsection (6) and substituting the following:

(6)  Members of the Board other than employees of the Government

                                                (a)    may be paid remuneration for the performance of their duties as members, and

                                                (b)    shall be paid for travelling and living expenses necessarily incurred in the performance of their duties as members,

at a rate prescribed by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

                                    (ii)    by adding the following after subsection (6):

(7)  If regulations under the Alberta Public Agencies Governance Act apply in respect of the rate of remuneration and expenses to be paid to members of the Board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under subsection (6).

                             (b)    by repealing section 5(2) and substituting the following:

(2)  On ceasing to hold office as a member under section 2(2)(b) to (e) a person may, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, hold office as chair under section 2(2)(a) for a continuous period not exceeding 6 years.

 

Amends RSA 2000 cC‑3

31   The Cemeteries Act is amended in section 65 by adding the following after subsection (2):

(3)  If regulations under the Alberta Public Agencies Governance Act apply in respect of the payment of fees and expenses to members of an appeal board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under subsection (1)(gg).

 

Amends SA 2007 cC-10.5

32   The Child Care Licensing Act is amended

                             (a)    in section 19(2) by adding “, subject to any applicable regulations under the Alberta Public Agencies Governance Act,” after “may”;

                             (b)    in section 27 by adding the following after subsection (2):

(3)  If regulations under the Alberta Public Agencies Governance Act apply in respect of the term of office of persons appointed as members of an appeal panel or the reappointment of members, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under subsection (1)(h).

 

Amends RSA 2000 cC-11

33   The Child and Family Services Authorities Act is amended in section 3

                             (a)    by repealing subsection (7.1) and substituting the following:

(7.1)  Notwithstanding subsection (7), but subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, the Minister may extend a term beyond the 7‑year maximum set by that subsection.

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

(10)  Subject to any applicable regulations under the Alberta Public Agencies Governance Act, the Minister may, with respect to board members and members of a panel established under subsection (3), authorize and provide for the payment of remuneration and travelling, living and other expenses incurred by them in the course of their duties.

 

Amends RSA 2000 cC-12

34   The Child, Youth and Family Enhancement Act is amended in section 118

                             (a)    in subsection (3) by striking out “and” at the end of clause (b) and repealing clause (c);

                             (b)    by adding the following after subsection (3):

(4)  The members of an Appeal Panel shall receive

                                          (a)    remuneration, and

                                          (b)    payment for travelling, living and other expenses incurred in the course of their duties as members.

(5)  Remuneration and expenses referred to in subsection (4) must be determined

                                          (a)    in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, or

                                          (b)    by the Minister if no regulations under the Alberta Public Agencies Governance Act are applicable.

 

Amends RSA 2000 cD-16

35   The Drainage Districts Act is amended by repealing section 2(10) and substituting the following:

(10)  The members of the Drainage Council other than the member appointed under subsection (2)(a) may be paid remuneration and travelling and living expenses determined

                                   (a)    in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, or

                                   (b)    by the Minister if no regulations under the Alberta Public Agencies Governance Act are applicable.

 

Amends SA 2003 cE-5.1

36   The Electric Utilities Act is amended

                             (a)    by repealing section 10(2)(a)(i) to (iii) and substituting the following:

                                     (i)    in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, a code of conduct for its members, officers, employees and agents,

                                    (ii)    in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, criteria and a process for recommending the appointment of members and designation of an individual as chair when an appointment or designation is needed,

                                   (iii)    in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, the reasonable remuneration and payment for expenses members are eligible to receive, and

                             (b)    by repealing section 78(2)(a)(i) to (iii) and substituting the following:

                                     (i)    in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, a code of conduct for its members, officers, employees and agents,

                                    (ii)    in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, criteria and a process for recommending the appointment of members and designation of an individual as chair when an appointment or designation is needed,

                                   (iii)    in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, the reasonable remuneration and expenses Balancing Pool members are eligible to receive, and

Amends RSA 2000 cE-10

37   The Energy Resources Conservation Act is amended

                             (a)    by repealing section 5(3) to (5) and substituting the following:

(3)  Each member of the Board holds office during good behaviour for a term not exceeding 5 years from the date of that member’s appointment and may, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, be reappointed.

(4)  Notwithstanding anything in this section, any member of the Board may be removed from office by the Lieutenant Governor in Council at any time during the term referred to in subsection (3) on the address of the Legislative Assembly.

(5)  The Lieutenant Governor in Council shall, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, determine the remuneration of the members of the Board, which is to be paid by the Board.

                             (b)    by repealing section 5.1(2) and substituting the following:

(2)  The Board shall, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, set the remuneration to be paid to the Chief Executive.

                             (c)    by repealing section 6(2) and substituting the following:

(2)  The Board shall, in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, establish and maintain policies and procedures addressing the identification, disclosure and resolution of matters involving conflict of interest of members of the Board and senior officers and employees of the Board.

 

Amends RSA 2000 cE-12

38   The Environmental Protection and Enhancement Act is amended by adding the following after section 106:

Regulations under the Alberta Public Agencies
Governance Act prevail

106.1   If regulations under the Alberta Public Agencies Governance Act apply in respect of the appointment or membership of the Board or remuneration or expenses referred to in section 106(a), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under section 106(a).

 

Amends RSA 2000 cE-13

39   The Expropriation Act is amended by repealing section 25(3) and substituting the following:

(3)  The chair and each member of the Board shall be paid

                                   (a)    remuneration, and

                                   (b)    payment for expenses incurred while away from their ordinary places of residence and in the course of their duties as members,

as fixed by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

 

Amends RSA 2000 cF-2

40   The Fair Trading Act is amended by repealing section 179(7) and substituting the following:

(7)  The Minister may, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, set the rates of remuneration for and provide for the payment of reasonable living and travelling expenses to the members of an appeal board.

Amends SA 2003 cF-5.3

41   The Family Support for Children with Disabilities Act is amended by repealing section 8(3)(c) and substituting the following:

                             (c)    authorize and provide for the payment of the remuneration and expenses of the members of an appeal committee in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

 

Amends RSA 2000 cF-9

42   The Fatality Inquiries Act is amended

                             (a)    in section 2

                                     (i)    by adding the following after subsection (6):

(6.1)  If regulations under the Alberta Public Agencies Governance Act apply in respect of the remuneration for the members of the Board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing remuneration under subsection (6).

                                    (ii)    by repealing subsection (7) and substituting the following:

(7)  The members of the Board shall be paid, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, for travelling and living expenses incurred while absent from their places of residence and in the course of their duties as members.

2009 cA‑31.5 s42;2011 c20 s7

Amends RSA 2000 cF-29

43   The Funeral Services Act is amended by adding the following after section 27:

Regulations under the Alberta Public Agencies
Governance Act prevail

27.1   If regulations under the Alberta Public Agencies Governance Act apply in respect of the payment of fees and expenses to members of an appeal board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under this Act.

 

Amends RSA 2000 cG‑1

44   The Gaming and Liquor Act is amended by repealing section 9(4) and substituting the following:

(4)  The Lieutenant Governor in Council must, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, fix the amount of remuneration and the travelling, living and other expenses that members are entitled to receive.

45   Repealed 2013 cF‑14.5 s20.

Amends RSA 2000 cG‑10

46   The Government Organization Act is amended in section 7 by adding the following after subsection (2):

(2.1)  Remuneration and expenses referred to in subsection (2) must be determined

                                   (a)    in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, or

                                   (b)    by the Minister if no regulations under the Alberta Public Agencies Governance Act are applicable.

 

Amends RSA 2000 cH‑2

47   The Health Disciplines Act is amended

                             (a)    by repealing section 3(8) and substituting the following:

(8)  A member of the Board who is not an employee of the Government may be paid remuneration for the member’s services and an allowance for the expenses necessarily incurred in the performance of the member’s duties, at the rates prescribed by the Minister in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(8.1)  If regulations under the Alberta Public Agencies Governance Act establish rates in respect of the remuneration or expenses referred to in subsection (8), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under subsection (8).

                             (b)    in section 6

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

                                          (b)    prescribe the term of office of any member in accordance with the Alberta Public Agencies Governance Act,

                                    (ii)    by repealing subsection (2)(d) and substituting the following:

                                          (d)    authorize, fix and provide for the payment of remuneration and expenses to its members in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

                             (c)    in section 9

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

(2)  A Committee established under subsection (1) shall consist of not fewer than 3 members appointed by the Minister for a term to be prescribed by the Minister in accordance with the Alberta Public Agencies Governance Act.

                                    (ii)    by adding the following after subsection (9):

(9.1)  If regulations under the Alberta Public Agencies Governance Act establish rates in respect of remuneration or expenses referred to in subsection (9), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under subsection (9).

 

Amends RSA 2000 cH-3

48   The Health Facilities Review Committee Act is amended

                             (a)    by repealing section 2(3) and (4) and substituting the following:

(3)  An order appointing a member of the Committee may provide for the member’s term of office but in the absence of that provision, the term of office of a member is one year from the effective date of the member’s appointment and continues afterwards until

                                          (a)    the member is reappointed,

                                          (b)    a successor is appointed, or

                                          (c)    a period of 6 months has elapsed,

whichever occurs first.

(4)  The Minister shall designate one of the members of the Committee as chair and another as a vice‑chair and, unless the order otherwise provides, the term of office of a chair or vice‑chair so designated is one year from the effective date of the designation and continues afterwards until

                                          (a)    the member is reappointed,

                                          (b)    a successor is appointed, or

                                          (c)    a period of 6 months has elapsed,

whichever occurs first.

                             (b)    by repealing section 4 and substituting the following:

Remuneration and expenses

4   The Minister

                                          (a)    may prescribe the rates of remuneration payable to members of the Committee other than those who are employees of the Government or members or employees of an agency of the Government, and

                                          (b)    may authorize the payment of travelling and living expenses for members of the Committee while outside their normal place of residence in the course of performing their duties,

in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

Regulations under the Alberta Public Agencies
Governance Act prevail

4.1   If regulations under the Alberta Public Agencies Governance Act establish a rate of remuneration payable to members referred to in section 4(a), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under section 4(a).

 

Amends RSA 2000 cH-7

49   The Health Professions Act is amended in section 22

                             (a)    by repealing subsection (7) and substituting the following:

(7)  Voting members appointed under this section may be paid remuneration and for reasonable living and travelling expenses incurred while away from their ordinary places of residence in the course of their duties as members at the rates prescribed by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

                             (b)    by adding the following after subsection (7):

(7.1)  If regulations under the Alberta Public Agencies Governance Act establish rates in respect of remuneration or expenses referred to in subsection (7), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under that subsection.

 

Amends RSA 2000 cH-9

50   The Historical Resources Act is amended by repealing section 38(5) and substituting the following:

(5)  The Minister may, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, authorize, fix and provide for the payment of remuneration and expenses to the members of the board.

 

Amends RSA 2000 cH-11.3

51   The Horse Racing Alberta Act is amended in section 23

                             (a)    by repealing subsection (3) and substituting the following:

(3)  A person who is a member of the Appeal Tribunal may, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, be reappointed as a member of the Appeal Tribunal.

                             (b)    by repealing subsection (5) and substituting the following:

(5)  The Minister shall, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, prescribe the remuneration and expenses payable to the chair and members of the Appeal Tribunal.

(5.1)  If regulations under the Alberta Public Agencies Governance Act establish rates in respect of remuneration or expenses payable to the chair or members of the Appeal Tribunal, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under subsection (5).

 

Amends RSA 2000 cH-12

52   The Hospitals Act is amended by repealing section 18(4) and substituting the following:

(4)  The members of the Appeal Board may be paid remuneration for their services and allowances for the expenses necessarily incurred by them in the performance of their duties at rates fixed by the Minister in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

 

Amends RSA 2000 cH-14

53   The Human Rights, Citizenship and Multiculturalism Act is amended in section 15

                             (a)    by repealing subsection (4) and substituting the following:

(4)  The chief commissioner and other members of the Commission shall receive remuneration and expenses for their services as prescribed by the Minister in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

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

(5)  If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration or expenses for the chief commissioner or other members of the Commission, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing remuneration or expenses under subsection (4).

Amends SA 2003 cI-0.5

54   The Income and Employment Supports Act is amended

                             (a)    by repealing section 47(2)(c) and substituting the following:

                                    (c)    authorize, fix and provide for the payment of remuneration and expenses to its members in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, and

                             (b)    by adding the following after section 48:

Regulations under the Alberta Public Agencies
Governance Act prevail

48.1   If regulations under the Alberta Public Agencies Governance Act apply in respect of the terms of appointment of appeal panel members, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under section 48(a).

 

Amends RSA 2000 cL-1

55   The Labour Relations Code is amended by repealing section 8(6) and (7) and substituting the following:

(6)  The members of the Board shall be appointed to hold office for terms not exceeding

                                   (a)    5 years in the case of the Chair and vice-chairs, and

                                   (b)    3 years in the case of other members,

and may, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, be reappointed for additional terms to commence on the expiry of their appointment.

(7)  The members of the Board shall be paid expenses, allowances and remuneration for their services as determined by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

 

Amends RSA 2000 cL-2

56   The Land Agents Licensing Act is amended in section 23

                             (a)    by repealing subsection (9) and substituting the following:

(9)  The members of the committee, except the Registrar, must be paid remuneration at the rate prescribed by the Minister and may accept travelling and living expenses authorized by the Minister in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

                             (b)    by adding the following after subsection (9):

(10)  If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration to be paid to the members of the committee referred to in subsection (9), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under subsection (9).

 

Amends RSA 2000 cM-4

57   The Marketing of Agricultural Products Act is amended in section 3

                             (a)    in subsection (4) by adding “, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act,” after “may”;

                             (b)    by adding the following after subsection (5):

(6)  If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration or expenses to be paid to the members or the chair of the Council, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under subsection (5).

 

Amends RSA 2000 cM-13

58   The Mental Health Act is amended

                             (a)    in section 34 by adding the following after subsection (1):

(1.1)  Terms of office referred to in subsection (1) must be prescribed in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act.

(1.2)  If regulations under the Alberta Public Agencies Governance Act apply in respect of a term of office referred to in subsection (1), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing the term of office under that subsection.

                             (b)    in section 53 by adding the following after subsection (4):

(5)  If regulations under the Alberta Public Agencies Governance Act apply in respect of the remuneration or expenses to be paid to members of review panels, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing remuneration or expenses under subsection (4)(a).

 

Amends RSA 2000 cM-14

59(1)  The Metis Settlements Act and the Metis Settlements Amendment Act, 2004 are amended by this section.

(2)  If this subsection comes into force before section 25 of the Metis Settlements Amendment Act, 2004 comes into force, section 183(1) of the Metis Settlements Act is repealed and the following is substituted:

Terms of office and vacancies

183(1)  A person appointed to the Appeal Tribunal holds office for 4 years and may, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, be reappointed but may be removed before the term expires by agreement between the Minister and the General Council.

(3)  If section 25 of the Metis Settlements Amendment Act, 2004 comes into force before the coming into force of this subsection, section 183(2) of the Metis Settlements Act is repealed and the following is substituted:

(2)  Members are, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, eligible for reappointment.

(4)  Section 213(1) of the Metis Settlements Act is repealed and the following is substituted:

Appeal Tribunal funding

213(1)  The Appeal Tribunal chair and other members of the Tribunal are to be paid remuneration and travelling and living expenses while away from their ordinary places of residence in the course of their duties at rates prescribed by the Minister in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(1.1)  If regulations under the Alberta Public Agencies Governance Act apply in respect of a rate of remuneration or expenses to be paid to members of the Appeal Tribunal, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under subsection (1).

 

Amends RSA 2000 cM-26

60   The Municipal Government Act is amended by repealing section 486(2) and substituting the following:

(2)  The members of the Board are to be paid

                             (a)    remuneration at the rates set by the Lieutenant Governor in Council, and

                             (b)    reasonable travelling and living expenses while carrying out duties as members of the Board away from home,

in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

 

Amends RSA 2000 cN-3

61(1)  The Natural Resources Conservation Board Act is amended by repealing section 15 and substituting the following:

Remuneration and expenses

15   The members of the Board shall receive

                                   (a)    remuneration, and

                                   (b)    payment for travelling and other expenses while absent from their place of residence in the course of exercising their powers or performing their duties as members of the Board,

as determined by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(2)  This section does not invalidate an order made under section 15 of the Natural Resources Conservation Board Act as it read at any time before the coming into force of this section, but any regulations made under the Alberta Public Agencies Governance Act in respect of remuneration or expenses for the members of the Board prevail, to the extent of any conflict or inconsistency, over the order.

 

Amends RSA 2000 cO-2

62   The Occupational Health and Safety Act is amended by repealing section 6(4) and (5) and substituting the following:

(4)  On the expiration of a member’s term of office, that member of the Council may, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, be reappointed.

(5)  The members of the Council shall be paid

                                   (a)    remuneration prescribed by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, and

                                   (b)    their reasonable travelling and living expenses, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, if incurred while absent from their ordinary places of residence and in the course of their duties as members of the Council.

(6)  If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration for the members of the Council, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing remuneration under subsection (5)(a).

 

Amends RSA 2000 cP-8

63   The Persons with Developmental Disabilities Community Governance Act is amended in section 5

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

(2)  A Community Board is a corporation consisting of not more than 9 members appointed, subject to subsection (3), the regulations, the Alberta Public Agencies Governance Act and any applicable regulations made under that Act, by the Minister for a term prescribed by the Minister.

                             (b)    by adding the following after subsection (2):

(2.1)  If regulations under the Alberta Public Agencies Governance Act apply in respect of the term of office of a member referred to in subsection (2), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a term under that subsection.

                             (c)    by repealing subsection (7) and substituting the following:

(7)  The Minister may, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, authorize and provide for the payment to members of a Community Board of remuneration and travelling, living and other expenses incurred in the course of their duties.

Amends RSA 2000 cP-16

64   The Podiatry Act is amended in section 7

                             (a)    by repealing subsection (7) and substituting the following:

(7)  The Lieutenant Governor in Council may, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, prescribe the fees and allowances for expenses to be paid to members of the Board.

                             (b)    by adding the following after subsection (7):

(8)  If regulations under the Alberta Public Agencies Governance Act apply in respect of fees or allowances to be paid to members of the Board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing fees or allowances under subsection (7).

 

Amends RSA 2000 cP-17

65   The Police Act is amended by repealing section 9(3), (4) and (5) and substituting the following:

(3)  A member of the Board must be appointed for a term of not more than 3 years and, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, is eligible for reappointment.

(4)  Notwithstanding that the term of office of a member of the Board may have expired, the member continues to hold office until

                                   (a)    the member is reappointed,

                                   (b)    a successor is appointed, or

                                    (c)    a period of 6 months has elapsed,

whichever occurs first.

(5)  The members of the Board shall be paid

                                   (a)    fees or remuneration, and

                                   (b)    expenses for subsistence and travelling while absent from their ordinary places of residence in the course of their duties as members of the Board,

as prescribed by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(6)  If regulations under the Alberta Public Agencies Governance Act apply in respect of fees, remuneration or expenses to be paid to members of the Board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing fees, remuneration or expenses under subsection (5).

 

Amends SA 2003 cP-19.5

66   The Post-secondary Learning Act is amended

                             (a)    by repealing section 55 and substituting the following:

Remuneration and expenses

55   The members of the board

                                          (a)    may be paid remuneration for the performance of their duties as members of the board, and

                                          (b)    shall be paid for travelling and living expenses incurred while away from their ordinary places of residence in the course of their duties as members of the board,

in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

                             (b)    by repealing section 56(3) and substituting the following:

(3)  Notwithstanding subsection (2), but subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act,

                                          (a)    the chair of the board of a university or Banff Centre is always eligible for reappointment on the conclusion of the chair’s term of office, and

                                          (b)    an appointed member of the board of a university or Banff Centre is eligible for appointment as chair even though the member has, at the time of the member’s appointment, concluded 2 terms as a member of the board.

 

Amends RSA 2000 cP-21

67(1)  The Premier’s Council on the Status of Persons with Disabilities Act is amended in section 4

                             (a)    by repealing subsection (1) and substituting the following:

Members of Council

4(1)  The Council shall consist of not more than 15 members appointed by the Lieutenant Governor in Council in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act.

                             (b)    by repealing subsection (5) and substituting the following:

(5)  The members of the Council may be paid

                                          (a)    remuneration at a reasonable rate prescribed by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, and

                                          (b)    their reasonable travelling, living and other expenses incurred in the course of their duties as members as determined by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(5.1)  If regulations under the Alberta Public Agencies Governance Act establish rates in respect of remuneration referred to in subsection (5)(a), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under subsection (5)(a).

                             (c)    by repealing subsection (7) and substituting the following:

(7)  A member of the Council is, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, eligible for reappointment.

(2)  This section does not invalidate an order made under section 4(5) of the Premier’s Council on the Status of Persons with Disabilities Act as it read at any time before the coming into force of this section, but any regulations made under the Alberta Public Agencies Governance Act in respect of expenses prevail, to the extent of any conflict or inconsistency, over the order.

 

Amends RSA 2000 cP-37

68   The Public Health Act is amended in section 3 by adding the following after subsection (11):

(11.1)  Rates referred to in subsection (11) must be prescribed in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(11.2)  If regulations under the Alberta Public Agencies Governance Act establish rates in respect of remuneration or expenses referred to in subsection (11), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under subsection (11).

 

Amends RSA 2000 cP-41

69   The Public Sector Pension Plans Act is amended

                             (a)    in Schedule 1 by adding the following after section 12:

Regulations under the Alberta Public Agencies
Governance Act prevail

12.1   If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration, expenses or the selection of members referred to in section 12(a), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under section 12(a).

                             (b)    in Schedule 2 by adding the following after section 12:

Regulations under the Alberta Public Agencies
Governance Act prevail

12.1   If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration, expenses or the selection of members referred to in section 12(a), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under section 12(a).

                             (c)    in Schedule 4 by adding the following after section 12:

Regulations under the Alberta Public Agencies
Governance Act prevail

12.1   If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration, expenses or the selection of members referred to in section 12(a), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under section 12(a).

                             (d)    in Schedule 5 by adding the following after section 12:

Regulations under the Alberta Public Agencies
Governance Act prevail

12.1   If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration, expenses or the selection of members referred to in section 12(1)(a), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under section 12(1)(a).

 

Amends RSA 2000 cS-4

70   The Securities Act is amended by repealing section 14 and substituting the following:

Remuneration

14   The remuneration payable to the Chair, Vice-chair and members of the Commission shall be set by the Commission in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

 

Amends RSA 2000 cS-6

71   The Seniors Advisory Council for Alberta Act is amended in section 3

                             (a)    by repealing subsection (1) and substituting the following:

Council members

3(1)  The Council shall consist of not more than 20 members appointed, in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, by the Lieutenant Governor in Council for terms not exceeding 3 years.

                             (b)    by repealing subsection (5) and substituting the following:

(5)  A member of the Council is, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, eligible for reappointment if the reappointment does not result in more than 6 consecutive years of service by that member.

                             (c)    by repealing subsection (5.1) and substituting the following:

(5.1)  Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, the chair of the Council may serve as a member of the Council for more than 6 consecutive years.

                             (d)    by repealing subsection (6) and substituting the following:

(6)  The members of the Council and members of committees appointed under section 2(4)(d) shall receive

                                          (a)    remuneration, and

                                          (b)    travelling, living and other expenses incurred in the course of their duties under this Act,

as determined by the Minister in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

 

Amends RSA 2000 cS-10

72   The Social Care Facilities Licensing Act is amended by repealing section 10(7) and substituting the following:

(7)  The Minister may, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, pay fees and reasonable living and travelling expenses to the members of an appeal board.

 

Amends RSA 2000 cS-24

73   The Surface Rights Act is amended by repealing section 3(7) and substituting the following:

(7)  The chair and each member of the board shall receive

                             (a)    remuneration, and

                             (b)    travelling, living and other expenses incurred while away from their ordinary places of residence and in the course of their duties as members,

as fixed by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

 

Amends RSA 2000 cT-1

74   The Teachers’ Pension Plans Act is amended by adding the following after section 23:

Regulations under the Alberta Public Agencies
Governance Act prevail

23.1   If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration payable to members of the Board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under section 23(2)(a).

 

Amends RSA 2000 cT-6

75   The Traffic Safety Act is amended by repealing section 22(4) and substituting the following:

(4)  The members of the Board who hold that office other than as officers or employees of the Crown or of an agency of the Crown may be paid

                                   (a)    remuneration, and

                                   (b)    payment for expenses incurred while engaged in the business of the Board,

at rates prescribed by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(5)  If regulations under the Alberta Public Agencies Governance Act establish rates in respect of remuneration or expenses referred to in subsection (4), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under that subsection.

 

Amends SA 2008 cT‑6.5

76   The Travel Alberta Act is amended by repealing section 6(3) and substituting the following:

(3)  The board shall set the compensation to be paid to the Chief Executive Officer in accordance with

                                   (a)    any applicable regulations under the Alberta Public Agencies Governance Act, or

                                   (b)    the approval of the Minister if no regulations under the Alberta Public Agencies Governance Act are applicable.

 

Amends RSA 2000 cV‑3

77   The Victims of Crime Act is amended

                             (a)    by repealing section 5(3) and substituting the following:

(3)  Members of the Committee who hold that office other than as employees of the Government may be paid remuneration and reasonable travelling and living expenses incurred while away from their ordinary places of residence in the course of their duties as members at rates prescribed by the Minister in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(4)  If regulations under the Alberta Public Agencies Governance Act establish rates in respect of remuneration or expenses referred to in subsection (3), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under that subsection.

                             (b)    by repealing section 7(5) and substituting the following:

(5)  Members of the Review Board who hold that office other than as employees of the Government may, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, be paid remuneration and reasonable travelling and living expenses incurred while away from their ordinary places of residence in the course of their duties as members.

(5.1)  The Lieutenant Governor in Council shall determine the rates of remuneration and expenses referred to in subsection (5) in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

 

Amends RSA 2000 cW-6

78   The Wheat Board Money Trust Act is amended by repealing section 2(3) and substituting the following:

(3)  The Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act must be one of the members of the Board, and the other members of the Board are to be appointed by the Lieutenant Governor in Council in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act.

 

Amends RSA 2000 cW-8

79   The Wild Rose Foundation Act is amended in section 2

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

(2)  The Lieutenant Governor in Council may, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, prescribe the term of office of any member appointed pursuant to subsection (1).

                             (b)    by adding the following after subsection (5):

(6)  If regulations under the Alberta Public Agencies Governance Act establish rates in respect of remuneration or expenses referred to in subsection (5), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under that subsection.

 

Amends RSA 2000 cW-15

80   The Workers’ Compensation Act is amended

                             (a)    (This clause amends RSA 2000 cW‑15; the amendments have been incorporated into that Act.);

                             (b)    in section 8 by adding the following after subsection (2):

(2.1)  The salary and benefits referred to in subsection (2) must be determined in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

                             (c)    by adding the following after section 9:

Regulations under the Alberta Public Agencies
Governance Act prevail

9.1   If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration referred to in section 9, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing remuneration under that section.

                             (d)    in section 10

                                     (i)    by repealing subsections (3) and (4) and substituting the following:

(3)  Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, one or more temporary appeals commissioners may be appointed for terms of not more than one year and are eligible for reappointment for additional terms of not more than one year each.

(4)  Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, an appeals commissioner other than a temporary appeals commissioner may be appointed for a maximum term of 3 years and is eligible for reappointment for additional terms of not more than 3 years each.

                                    (ii)    by adding the following after subsection (8):

(9)  The remuneration referred to in subsection (8) must be set in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

                             (e)    by adding the following after section 46.1:

Regulations under the Alberta Public
Agencies Governance Act prevail

46.11   If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration or expenses referred to in section 46.1(4)(d), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under section 46.1(4)(d).

 

Coming into force

81   This Act comes into force on Proclamation.

(NOTE:   Section 80(a) proclaimed in force July 8, 2009.)