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AGENCIES, BOARDS AND COMMISSIONS REVIEW STATUTES AMENDMENT ACT, 2016

Bill 31

AGENCIES, BOARDS AND COMMISSIONS
REVIEW STATUTES AMENDMENT ACT, 2016

Chapter 19

(Assented to December 9, 2016)

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

Dissolutions

1(1)  The following are dissolved:

                           (a)    The Government House Foundation;

                           (b)    the Seniors Advisory Council for Alberta;


                           (c)    The Wild Rose Foundation.

(2)  Effective April 1, 2016, subject to subsection (3), the property, assets, rights, obligations, liabilities, powers, duties and functions of The Government House Foundation and of The Wild Rose Foundation become the property, assets, rights, obligations, liabilities, powers, duties and functions of the Crown.

(3)  Effective April 1, 2016, the cash assets of The Government House Foundation as of April 1, 2016 become the assets of The Alberta Historical Resources Foundation.

(4)  On the coming into force of this subsection,

                           (a)    an existing cause of action, claim or liability to prosecution of, by or against The Government House Foundation and The Wild Rose Foundation is unaffected by the coming into force of this section and may be continued by or against the Crown;

                           (b)    a civil, criminal or administrative action or proceeding pending by or against The Government House Foundation and The Wild Rose Foundation may be continued by or against the Crown;

                           (c)    a ruling, order or judgment in favour of or against The Government House Foundation and The Wild Rose Foundation may be enforced by or against the Crown.

 

Regulations

2(1)  The Lieutenant Governor in Council may make regulations

                           (a)    respecting the transition of any of the powers, duties and functions of The Government House Foundation, of the Seniors Advisory Council for Alberta and of The Wild Rose Foundation on their dissolution;

                           (b)    to remedy any confusion, difficulty, inconsistency or impossibility resulting from the dissolution of The Government House Foundation, the Seniors Advisory Council for Alberta or The Wild Rose Foundation.

(2)  A regulation made under subsection (1) may be made retroactive to the extent set out in the regulation.

(3)  A regulation made under subsection (1) is repealed on the earlier of

                           (a)    the coming into force of a regulation that repeals the regulation made under subsection (1), and

                           (b)    2 years after the regulation comes into force.

(4)  The repeal of a regulation under subsection (3) does not affect anything done, incurred or acquired under the authority of the regulation before the repeal of the regulation.

 

Repeals

3   The following are repealed:

                            (a)    Government House Act, RSA 2000 cG‑9;

                           (b)    Seniors Advisory Council for Alberta Act, RSA 2000 cS‑6;

                            (c)    Wild Rose Foundation Act, RSA 2000 cW‑8.

 

Amends SA 2006 cA‑45.1

4(1)  The Assured Income for the Severely Handicapped Act is amended by this section.

(2)  Section 10(1) is repealed and the following is substituted:

Appeals

10(1)  The Minister may establish one or more appeal panels to hear appeals under this Act.

(1.1)  In establishing an appeal panel, the Minister may

                                 (a)    appoint or provide for the manner of the appointment of its members,

                                 (b)    prescribe the term of office of any member,

                                 (c)    designate a chair and one or more vice-chairs, and

                                 (d)    authorize, fix or provide for the payment of remuneration and expenses to its members.

(1.2)  The quorum to hear an appeal is 3 members, but an appeal may be heard by one member for procedural matters related to the appeal or in emergency circumstances provided for in the regulations.

(1.3)  A member of an appeal panel may be reappointed.

(1.4)  Notwithstanding subsection (1.1), where an appeal panel member’s appointment expires, the member continues to hold office until

                                 (a)    the member is reappointed,

                                 (b)    a successor is appointed, or

                                 (c)    a period of 3 months has elapsed,

whichever occurs first.

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

                           (b)    respecting appeals, the decisions of a director that are exempt from appeal and the emergency circumstances in which an appeal may be heard by one member of an appeal panel;

 

Amends SA 2007 cC‑10.5

5(1)   The Child Care Licensing Act is amended by this section.

(2)  Section 19 is amended

                            (a)    in subsection (1) by striking out “each consisting of not fewer than 3 persons appointed by the Minister”;

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

(2)  The Minister may, subject to any applicable regulations under the Alberta Public Agencies Governance Act,

                                 (a)    fix the term of office of a member of an appeal panel in accordance with the regulations,

                                 (b)    designate the chair and one or more vice‑chairs of an appeal panel, and

                                 (c)    authorize and provide for the payment of the remuneration and expenses of the members of an appeal panel.

(3)  The quorum to hear an appeal is 3 members, but an appeal may be heard by one member for procedural matters related to the appeal or in emergency circumstances provided for in the regulations.

(4)  Notwithstanding subsection (2)(a), where the appointment of a member of an appeal panel expires, the member continues to hold office until

                                 (a)    the member is reappointed,

                                 (b)    a successor is appointed, or

                                 (c)    a period of 3 months has elapsed,

whichever occurs first.

(3)  Section 27(1) is amended by adding the following after clause (i):

                              (i.1)    respecting the emergency circumstances in which an appeal may be heard by one member of an appeal panel;

 

Amends RSA 2000 cC‑12

6(1)   The Child, Youth and Family Enhancement Act is amended by this section.

(2)  Section 118 is amended

                            (a)    in subsection (1) by striking out “each consisting of not fewer than 3 persons appointed by the Minister”;

                           (b)    in subsection (2) by striking out “, but may not be appointed for more than 7 consecutive years”;

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

(3)  The Minister may designate the chair and one or more vice-chairs of an Appeal Panel.

(3.1)  The quorum to hear an appeal is 3 members, but an appeal may be heard by one member for procedural matters related to the appeal or in emergency circumstances provided for in the regulations.

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

(6)  Notwithstanding subsection (2), where the appointment of a member of an Appeal Panel expires, the member continues to hold office until

                                 (a)    the member is reappointed,

                                 (b)    a successor is appointed, or

                                 (c)    a period of 3 months has elapsed,

whichever occurs first.

(3)  Section 131(1) is amended by adding the following after clause (c):

                              (c.1)    respecting the emergency circumstances in which an appeal may be heard by one member of an Appeal Panel;

 

Amends SA 2003 cF‑5.3

7(1)   The Family Support for Children with Disabilities Act is amended by this section.

(2)  Section 8 is amended

                            (a)    in subsection (1) by striking out “each consisting of not fewer than 3 nor more than 7 persons appointed by the Minister”;

                           (b)    in subsection (2) by striking out “, but may not serve as a member for more than 7 consecutive years”;

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

(3)  The Minister may

                                 (a)    designate the chair and one or more vice‑chairs of an appeal committee, and

                                 (b)    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.

(4)  The quorum to hear an appeal is 3 members, but an appeal may be heard by one member for procedural matters related to the appeal or in emergency circumstances provided for in the regulations.

(5)  Notwithstanding subsection (2), where the appointment of a member of an appeal committee expires, the member continues to hold office until

                                 (a)    the member is reappointed,

                                 (b)    a successor is appointed, or

                                 (c)    a period of 3 months has elapsed,

whichever occurs first.

(3)  Section 10 is amended by adding the following after clause (d):

                             (d.1)    respecting the emergency circumstances in which an appeal may be heard by one member of an appeal committee;

 

Amends SA 2003 cI‑0.5

8(1)   The Income and Employment Supports Act is amended by this section.

(2)  Section 47(2) is repealed and the following is substituted:

(2)  The Minister may with respect to an appeal panel established under subsection (1)

                                 (a)    appoint or provide for the appointment of its members,

                                 (b)    designate a chair and one or more vice‑chairs, and

                                 (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.

(3)  The quorum to hear an appeal is 3 members, but an appeal may be heard by one member for procedural matters related to the appeal or in emergency circumstances provided for in the regulations.

(4)  Notwithstanding subsection (2), where the appointment of a member of an appeal panel expires, the member continues to hold office until

                                 (a)    the member is reappointed,

                                 (b)    a successor is appointed, or

                                 (c)    a period of 3 months has elapsed,

whichever occurs first.

(3)  Section 48 is amended by adding the following after clause (c):

                              (c.1)    respecting the emergency circumstances in which an appeal may be heard by one member of an appeal panel;

 

Amends RSA 2000 cP-9.5

9(1)  The Persons with Developmental Disabilities Services Act is amended by this section.

(2)  Section 15(1) is repealed and the following is substituted:

Appeals

15(1)  The Minister may, in accordance with the regulations, establish one or more appeal panels to hear appeals under this Act.

(1.1)  In establishing an appeal panel, the Minister may

                                 (a)    appoint or provide for the manner of the appointment of its members,

                                 (b)    prescribe the term of office of any member,

                                 (c)    designate a chair and one or more vice-chairs, and

                                 (d)    authorize, fix or provide for the payment of remuneration and expenses to its members.

(1.2)  The quorum to hear an appeal is 3 members, but an appeal may be heard by one member for procedural matters related to the appeal or in emergency circumstances provided for in the regulations.

(1.3)  A member of an appeal panel may be reappointed.

(1.4)  Notwithstanding subsection (1.1), where an appeal panel member’s appointment expires, the member continues to hold office until

                                 (a)    the member is reappointed,

                                 (b)    a successor is appointed, or

                                 (c)    a period of 3 months has elapsed,

whichever occurs first.

(3)  Section 23(e) is repealed and the following is substituted:

                           (e)    respecting appeals, the decisions of a director that are exempt from appeal and the emergency circumstances in which an appeal may be heard by one member of an appeal panel;

 

Amends SA 2015 cP‑40.5

10(1)  The Public Sector Compensation Transparency Act is amended by this section.

(2)  Section 3 is amended by adding the following after subsection (5):

(5.1)  Where, in a calendar year, a public sector body is dissolved or amalgamated or otherwise ceases to exist,

                                 (a)    a statement of remuneration in relation to that year must be disclosed in accordance with the regulations, and

                                 (b)    if a statement of remuneration has not yet been disclosed under this section in relation to the previous year, the statement of remuneration in relation to that year must be disclosed in accordance with the regulations.

(3)  Section 15(1) is amended by adding the following after clause (s):

                              (s.1)    respecting the disclosure to be made in respect of a public sector body that is dissolved or amalgamated or that otherwise ceases to exist, including determining who is required to prepare and disclose the statement of remuneration, and the deadline by which the disclosure must be made;

 

Amends SA 2008 cT‑6.5

11   The Travel Alberta Act is amended by repealing section 4(1) and substituting the following:

Board of directors

4(1)  There shall be a board of directors consisting of not fewer than 7 and not more than 11 members appointed by the Lieutenant Governor in Council.

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