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MISCELLANEOUS STATUTES AMENDMENT ACT, 2018

Bill 31

MISCELLANEOUS STATUTES
AMENDMENT ACT, 2018

Chapter 20

(Assented to December 11, 2018)

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

Alberta Association of Municipal
Districts and Counties Act

Amends SA 1923 c67

1(1)  The Alberta Association of Municipal Districts and Counties Act is amended by this section.

(2)  Section 1 is repealed and the following is substituted:

1   This Act may be cited as the “Rural Municipalities of Alberta Act”.


(3)  The following is added after section 1:

Corporation continued

1.01   The Alberta Association of Municipal Districts and Counties is continued as a corporation under the name “Rural Municipalities of Alberta” (hereinafter referred to as the “Association”).

(4)  Section 2 is amended by striking out “(hereinafter referred to as “the Association”)”.

Business Corporations Act

Amends RSA 2000 cB‑9

2(1)  The Business Corporations Act is amended by this section.

(2)  Section 289(2) is amended by striking out “and occupation”.

Companies Act

Amends RSA 2000 cC-21

3(1)  The Companies Act is amended by this section.

(2)  Section 1 is amended by adding the following after clause (t):

                              (t.1)    “recorded mail” means a form of document delivery by mail or courier in which receipt of the document must be acknowledged in writing;

(3)  Section 22 is repealed and the following is substituted:

Company without share capital

22  In the case of a company limited by guarantee and not having a share capital articles of association prescribing regulations for the company shall be registered with the memorandum.

(4)  Section 66(1)(a) is amended by striking out “addresses and occupations” and substituting “and addresses”.

(5)  Section 93(1)(a) is amended by striking out “and other occupations, if any,”.

(6)  Section 149(2)(e) is repealed and the following is substituted:

                           (e)    the full names and addresses of the directors,

(7)  Section 162(2)(e) is amended by striking out “and occupations”.

(8)  Section 164 is repealed.

(9)  Section 172(3)(c) is amended by striking out “, occupations and places of residence” and substituting “and street addresses or postal addresses”.

(10)  Section 173(11) is amended by striking out “registered mail” wherever it occurs and substituting “recorded mail”.

(11)  Section 305(3) is amended by striking out “registered mail” and substituting “recorded mail”.

(12)  The heading preceding section 308 is repealed and the following is substituted:

Division 4
Service, Sending and Authentication
of Documents and Notices

(13)  Section 308 is repealed and the following is substituted:

Notice to and service on a company

308(1)  A notice or document that is required or permitted to be sent to or served on a company may be

                                 (a)    delivered to or sent by recorded mail to the company’s registered office as shown in the last notice filed under section 86(2), or

                                 (b)    delivered to or sent by recorded mail to any director, manager or other officer of the company.

(2)  Notwithstanding subsection (1), a letter under section 205(1) may be sent to a company by ordinary mail to the company’s registered office as shown in the last notice filed under section 86(2).

(3)  A notice or document sent by recorded mail to the company in accordance with subsection (1)(a) is deemed to be received or served at the time it would be delivered in the ordinary course of mail unless there are reasonable grounds for believing that the company did not receive the notice or document at that time or at all.

(4)  A letter under section 205(1) sent by ordinary mail to the company in accordance with subsection (2) is deemed to have been received or served at the time it would be delivered in the ordinary course of mail despite the fact that it is returned as undeliverable.

(5)  A notice or document that may be sent or delivered under this Act may be sent by electronic means in accordance with the Electronic Transactions Act.

Waiver of notice

308.1(1)  If a notice or document is required by this Act or the regulations to be sent, the sending of the notice or document may be waived or the time for the notice or document to be sent may be waived or abridged at any time with the consent in writing of the person entitled to receive it.

(2)  The consent of a person entitled to waive the requirement for the sending of a notice or document or to waive or abridge the time for sending of the notice or document under subsection (1) may be sent by electronic means in accordance with the Electronic Transactions Act.

Conflicts of Interest Act

Amends RSA 2000 cC‑23

4(1)  The Conflicts of Interest Act is amended by this section.

(2)  Section 23.921(2)(e) is repealed.

Corrections Act

Amends RSA 2000 cC‑29

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

(2)  Section 34(1) is amended by striking out “section 718.1” and substituting “section 736”.

Court of Queen’s Bench Act

Amends RSA 2000 cC‑31

6(1)  The Court of Queen’s Bench Act is amended by this section.

(2)  Section 2 is amended by repealing subsection (2).

(3)  The following is added after section 26:

Transition to new name

27(1)  The Lieutenant Governor in Council may amend sections 2(1) and 8(1) so that

                                 (a)    the superior court of civil and criminal jurisdiction is styled as something other than the Court of Queen’s Bench of Alberta, and

                                 (b)    officers appointed under section 8(1) are called something other than masters in chambers.

(2)  For the purposes of making any necessary changes as a result of amendments made under subsection (1), the Lieutenant Governor in Council may, by regulation,

                                 (a)    amend the title to this Act, and

                                 (b)    amend this Act, the regulations under this Act or any other Act or any regulation.

(3)  The regulations authorized by this section may be made notwithstanding that a regulation being amended was made by a member of the Executive Council or some other person or body.

Election Act

Amends RSA 2000 cE‑1

7(1)  The Election Act is amended by this section.

(2)  Section 153.4(4) is amended by striking out “section 153.5” and substituting “section 153.7”.

Health Professions Act

Amends RSA 2000 cH‑7

8(1)  The Health Professions Act is amended by this section.

(2)  Section 22(2)(b) is amended

                            (a)    in subclause (i) by striking out “Human Services” and substituting “Community and Social Services”;

                           (b)    in subclause (iii) by striking out “Enterprise and”.

(3)  Schedule 13 is amended in section 1(1) by striking out “a society incorporated under the Societies Act that is designated by an order of the Lieutenant Governor in Council” and substituting “the corporation known as the College of Midwives of Alberta”.

Judicature Act

Amends RSA 2000 cJ‑2

9(1)  The Judicature Act is amended by this section.

(2)  The following is added after section 56:

Regulations regarding the demise of the Crown

56.1(1)  The Lieutenant Governor in Council may, by regulation, amend any Act or regulation to make any necessary changes as a result of the demise of the Crown.

(2)  The regulations authorized by this section may be made notwithstanding that a regulation being amended was made by a member of the Executive Council or some other person or body.

Lobbyists Act

Amends SA 2007 cL‑20.5

10(1)  The Lobbyists Act is amended by this section.

(2)  Section 3(2)(c) is amended by adding “, unless the submission is not related to the individual’s participation on the board, commission, council or other similar body” after “section 1(1)(f)(i)”.

(3)  Section 6.2 is amended by striking out “organizational lobbyist” and substituting “organization lobbyist”.

Maintenance Enforcement Act

Amends RSA 2000 cM‑1

11(1)  The Maintenance Enforcement Act is amended by this section.

(2)  Section 23(3) is amended by striking out “in the prescribed form the Registrar under the Land Titles Actand substituting “the Registrar under the Land Titles Act in the form prescribed by the Director”.

(3)  Section 24 is amended

                            (a)    in subsection (1) by striking out “prescribed form” and substituting “form prescribed by the Director”;

                           (b)    in subsection (3) by striking out “regulations” and substituting “Director”.

(4)  Section 25 is amended

                            (a)    in subsection (1) by striking out “prescribed form” and substituting “form prescribed by the Director”;

                           (b)    in subsection (2) by striking out “regulations” and substituting “Director”.

Municipal Government Act

Amends RSA 2000 cM‑26

12(1)  The Municipal Government Act is amended by this Act.

(2)  Section 381.4(2) is repealed and the following is substituted:

(2)  Subsection (1) applies in respect of property in a community revitalization levy area

                                 (a)    for a period of 20 years, or

                                 (b)    for such other period as determined by the Lieutenant Governor in Council under section 381.5(1)(e.1), which period may not exceed 40 years,

from the year in which the community revitalization levy bylaw is made.

(3)  Section 381.5(1) is amended by adding the following after clause (e):

                              (e.1)    determining the period for which section 381.4(1) applies to a community revitalization levy area;

Parks Towns Act

Amends RSA 2000 cP-2

13(1)  The Parks Towns Act is amended by this section.

(2)  Section 1 is amended

                            (a)    by repealing clause (a) and substituting the following:

                                 (a)    “agreement” means

                                        (i)    an agreement under the Canada National Parks Act (Canada) that is entered into between the federal Minister and the Minister with respect to the formation of a town, and

                                      (ii)    an agreement under section 8.2 of the National Parks Act (Canada);

                           (b)    in clause (c) by striking outNational Parks Act (Canada)” and substitutingCanada National Parks Act (Canada)”;

                            (c)    in clause (f) by striking outNational Parks Act (Canada)” and substitutingCanada National Parks Act (Canada)”.

(3)  Section 2(1) is amended by striking out “with respect to the formation of a town”.

(4)  Section 3(2)(a) is amended by adding “or in Schedule 4 of the Canada National Parks Act (Canada)” after “in the agreement”.

Partnership Act

Amends RSA 2000 cP-3

14(1)  The Partnership Act is amended by this section.

(2)  Section 52(3)(c) is amended by striking out “residential address” and substituting “street address or postal address”.

(3)  Section 82(4)(a)(iii) is amended by striking out “residential address” and substituting “street address or postal address”.

(4)  Section 94(3)(a)(iii) is amended by striking out “residential address” and substituting “street address or postal address”.

(5)  Section 108(a) is amended by striking out “, occupations and residential addresses” and substituting “and street addresses or postal addresses”.

(6)  Section 109(4) is amended by striking out “residential address” wherever it occurs and substituting “street address or postal address”.

(7)  Section 110 is amended

                            (a)    in subsection (2)(a) by striking out “, occupation and residential address” and substituting “and street address or postal address”;

                           (b)    in subsection (4) by striking out “residential address” wherever it occurs and substituting “street address or postal address”;

                            (c)    by repealing subsection (5).

Provincial Court Act

Amends RSA 2000 cP‑31

15(1)  The Provincial Court Act is amended by this section.

(2)  The following is added after section 2:

Transition to new court name

2.1(1)  The Lieutenant Governor in Council may amend section 2(1) so that the provincial court for Alberta is styled as something other than “The Provincial Court of Alberta”.

(2)  For the purposes of making any necessary changes as a result of amendments made under subsection (1), the Lieutenant Governor in Council may, by regulation,

                                 (a)    amend the title to this Act, and

                                 (b)    amend this Act, the regulations under this Act or any other Act or any regulation.

(3)  The regulations authorized by this section may be made notwithstanding that a regulation being amended was made by a member of the Executive Council or some other person or body.

Societies Act

Amends RSA 2000 cS‑14

16(1)  The Societies Act is amended by this section.

(2)  Section 26 is amended

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

                                 (b)    the full name and street address or postal address of each officer and director of the society,

                           (b)    in subsection (3)(b) by striking out “, address or occupation” and substituting “and street address or postal address”.

(3)  Section 36(1)(a) is amended by striking out “residential address” and substituting “street address or postal address”.

Traffic Safety Act

Amends RSA 2000 cT‑6

17(1)  The Traffic Safety Act is amended by this section.

(2)  Section 85 is amended in the following subsections by striking out “253 or 254” and substituting “320.14 or 320.15”:

subsection (1);
subsection (2)(a) and (b);
subsection (3)(a) and (b)(i);
subsection (4).

(3)  Section 173(1) is amended in clauses (b) and (c) by striking out “subsection 259(4)” and substituting “section 320.18”.

(4)  This section comes into force on December 18, 2018.

Travel Alberta Act

Amends SA 2008 cT‑6.5

18(1)  The Travel Alberta Act is amended by this section.

(2)  Section 4 is amended in subsections (3) and (4) by striking out “subsection (1)(a)” and substituting “subsection (1)”.