Annual Volumes

Copyright and Disclaimer Print  

MISCELLANEOUS STATUTES AMENDMENT ACT, 2020 (SA 2020 c23)

Bill 34

MISCELLANEOUS STATUTES
AMENDMENT ACT, 2020

Chapter 23

(Assented to July 23, 2020)

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

Alberta Personal Income Tax Act

Amends RSA 2000 cA-30

1(1)  The Alberta Personal Income Tax Act is amended by this section.

(2)  Section 38 is amended by striking out “15, 16, 17, 18, 19 and 20” wherever it occurs and substituting “17, 18 and 19”.

Child, Youth and Family
Enhancement Act

Amends RSA 2000 cC-12

2(1)  The Child, Youth and Family Enhancement Act is amended by this section.

(2)  Section 8(1) is amended by striking out “in the prescribed form”.

(3)  Section 9 is amended by striking out “in the prescribed form”.

(4)  Section 14(1) is amended by striking out “in the prescribed form”.

(5)  Section 34(10) is amended by striking out “in the prescribed form”.

(6)  Section 43.1(3)(b)(ii) is amended by striking out “in the prescribed form”.

(7)  Section 44(4)(b) is amended by striking out “in the prescribed form”.

(8)  Section 52 is amended

                             (a)    in subsection (1.1) by striking out “in the form required in the regulations”;

                             (b)    in subsection (1.3) by striking out “, made in accordance with the regulations,”.

(9)  Section 57.2 is amended

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

                             (b)    in subsection (2) by striking out “in the prescribed form”;

                             (c)    in subsection (3)(b) by striking out “, in the prescribed form,”.

(10)  Section 57.4(1) is amended by striking out “in the prescribed form”.

(11)  Section 57.8(1) is amended by striking out “in accordance with the regulations”.

(12)  Section 63 is amended

                             (a)    in subsection (1)(f) by striking out “, made in accordance with the regulations,”;

                             (b)    in subsection (2)(f) by striking out “, made in accordance with the regulations,”;

                             (c)    in subsection (3)(e) by striking out “, made in accordance with the regulations,”.

(13)  Section 117.1(1) is amended by striking out “in the prescribed form”.

(14)  Section 120(3) is amended by striking out “in the prescribed form”.

(15)  Section 131(2)(ll) is repealed.

(16)  This section has effect on September 30, 2020.

Condominium Property Act

Amends RSA 2000 cC-22

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

(2)  Section 50(1) is amended by striking out “section 49” and substituting “sections 37(3) and 49”.

Electronic Transactions Act

Amends SA 2001 cE-5.5

4(1)  The Electronic Transactions Act is amended by this section.

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

                          (c.1)    “interests in land” means interests in land that require registration to be effective against third parties;

Family Law Act

Amends SA 2003 cF‑4.5

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

(2)  Section 1 is amended in clauses (d) and (k) by striking out “means” and substituting “means, except where used in an express reference to the Divorce Act (Canada),”.

(3)  Section 38(1)(g) is repealed and the following is substituted:

                             (g)    “time with a child clause” means a provision granting time with a child at determinable times, on determinable days or dates or for determinable periods that is contained in one of the following orders, whether interim or from an extra‑provincial tribunal or otherwise:

                                     (i)    a parenting order or contact order under this Act,

                                    (ii)    a parenting order or contact order under the Divorce Act (Canada), or

                                   (iii)    an order granting decision-making responsibility, parenting time, contact or a right of custody or access in respect of a child under legislation that is similar to this Act or the Divorce Act (Canada), but not including an order under the Child, Youth and Family Enhancement Act or similar legislation.

(4)  Section 45.1 is repealed and the following is substituted:

Effect of divorce proceedings

45.1   The jurisdiction of the court to make or vary a guardianship order, parenting order or contact order under this Act continues in effect unless and until a court makes an interim or final parenting order under the Divorce Act (Canada) or an interim or final contact order under that Act in divorce proceedings.

(5)  This section has effect on the coming into force of section 12 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, chapter 16 of the Statutes of Canada, 2019.

Fiscal Measures and Taxation Act, 2019

Amends SA 2019 c20

6(1)  The Fiscal Measures and Taxation Act, 2019 is amended by this section.

(2)  Section 9(32)(a) is repealed.

Garage Keepers’ Lien Act

Amends RSA 2000 cG-2

7(1)  The Garage Keepers’ Lien Act is amended by this section.

(2)  Section 6(2)(a) is amended by striking out “a warrant in the prescribed form” and substituting “a warrant in a form set by the Registrar”.

Interpretation Act

Amends RSA 2000 cI‑8

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

(2)  Section 20 is amended by adding the following after subsection (3):

(3.1)  If a person is appointed by or under the authority of an enactment to an office for a specified term of office and resigns before the term of office expires, that person’s resignation is deemed to terminate that appointment.

(3.2)  A resignation from a term of office under subsection (3.1) is not effective unless it is provided in writing.

(3.3)  The effective date of the resignation from a term of office referred to in subsection (3.1) is the later of

                                   (a)    the date the resignation is provided, or

                                   (b)    the date specified in the written resignation.

Jury Act

Amends RSA 2000 cJ-3

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

(2)  Section 4(k)(iv) is repealed and the following is substituted:

                            (iv)    members and employees of the Department of Justice of Canada, the Department of Public Safety and Emergency Preparedness, the Canadian Security Intelligence Service, the Canadian Border Services Agency and the Parole Board of Canada.

Marriage Act

Amends RSA 2000 cM-5

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

(2)  Section 14(1) is amended by striking out “in the prescribed form” and substituting “in a form set by the Registrar”.

(3)  Section 19(1) is repealed and the following is substituted:

Consent

19(1)  Subject to this section, the consent of each guardian of a person under 18 years of age is required, in a form set by the Registrar, in order for that person to marry.

Motor Vehicle Accident Claims Act

Amends RSA 2000 cM-22

11(1)  The Motor Vehicle Accident Claims Act is amended by this section.

(2)  Section 23 is repealed.

Petty Trespass Act

Amends RSA 2000 cP‑11

12(1)  The Petty Trespass Act is amended by this section.

(2)  Section 1 is amended by striking out “section (1.1)” and substituting “section 1.1”.

Protection of Sexually Exploited
Children Act

Amends RSA 2000 cP-30.3

13(1)  The Protection of Sexually Exploited Children Act is amended by this section.

(2)  Section 7.1(2) is amended by striking out “be in the form provided for in the regulations and must”.

(3)  Section 7.2(2) is amended by striking out “be in the form provided for in the regulations and must”.

(4)  This section has effect on September 30, 2020.

Provincial Offences Procedure Act

Amends RSA 2000 cP-34

14(1)  The Provincial Offences Procedure Act is amended by this section.

(2)  Section 5 is repealed and the following is substituted:

Failure to attend

5(1)  A person who, being at large on a release order, fails without lawful excuse, the proof of which lies on the person, to attend Court in accordance with that release order, or to surrender themselves in accordance with that release order or an order of a justice, as the case may be, is guilty of an offence.

(2)  A person who, being at large on a release order, fails without lawful excuse, the proof of which lies on the person, to comply with a condition of that release order, is guilty of an offence.

(3)  A person who is served with a summons and who fails without lawful excuse, the proof of which lies on the person, to attend Court in accordance with that summons is guilty of an offence.

(4)  A person who is named in

                                   (a)    an appearance notice, or

                                   (b)    an undertaking,

that has been confirmed by a justice and who fails without lawful excuse, the proof of which lies on the person, to attend Court in accordance with the appearance notice or undertaking is guilty of an offence.

(5)  A person who, without lawful excuse, the proof of which lies on the person, fails to comply with any condition of an undertaking is guilty of an offence.

(6)  For the purpose of subsection (4), it is not a lawful excuse that an appearance notice or undertaking does not correctly state the substance of the alleged offence.

(7)  If at the trial of a person for an offence that person does not appear at the time and place appointed for the trial or the resumption of the trial and the justice proceeds to conduct the trial ex parte, no proceedings shall be instituted under this section arising out of the failure of the person to appear.

(8)  In proceedings under subsection (1), (3) or (4), a certificate purporting to be signed by the clerk or a justice before whom the person is alleged to have failed to attend, stating that

                                   (a)    in the case of proceedings under subsection (1), a person who being at large on a release order failed to attend Court,

                                   (b)    in the case of proceedings under subsection (3), a summons was issued to and served on the person and the person failed to attend Court in accordance with the summons, and

                                    (c)    in the case of proceedings under subsection (4), the person was named in an appearance notice or undertaking that was confirmed by a justice, and the accused failed to attend Court in accordance with the appearance notice or undertaking,

is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.

(9)  A person against whom a certificate described in subsection (8) is produced may, with the permission of the Court, require the attendance of the person producing the certificate for the purpose of cross‑examination.

(10)  A certificate shall not be received in evidence pursuant to subsection (8) unless the party intending to produce it has, before the trial, given to the accused reasonable notice of the party’s intention, together with a copy of the certificate.

Public Service Act

Amends RSA 2000 cP-42

15(1)  The Public Service Act is amended by this section.

(2)  Section 25.01 is amended

                             (a)    in subsection (1)

                                     (i)    by adding “and sections 25.02 and 25.04” after “section”;

                                    (ii)    by adding the following after clause (b):

                                          (c)    “office of the Legislature” means

                                                 (i)    the Legislative Assembly Office,

                                                (ii)    the Office of the Auditor General,

                                               (iii)    the Office of the Ombudsman,

                                               (iv)    the Office of the Chief Electoral Officer,

                                                (v)    the Office of the Ethics Commissioner,

                                               (vi)    the Office of the Information and Privacy Commissioner,

                                              (vii)    the Office of the Child and Youth Advocate, and

                                             (viii)    the Office of the Public Interest Commissioner.

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

(6)  No severance pay shall be provided under subsection (4) without the approval of

                                   (a)    in the case of termination of an employee of an office of the Legislature, the deputy head of that office, or

                                   (b)    in the case of the termination of an employee other than an employee of an office of the Legislature, the Commissioner and the Deputy Attorney General.

                             (c)    in subsection (7) by striking out “subsection (6)” and substituting “subsection (6)(b)”.

(3)  Section 25.02 is amended

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

Repayment

25.02(1)  Where an employee who has received severance pay becomes employed with any of the following employers during the period of notice to which the severance pay is attributable, the employee shall repay the amount determined under subsection (1.1):

                                   (a)    the Crown in right of Alberta;

                                   (b)    a public agency to which the Alberta Public Agencies Governance Act applies;

                                    (c)    an office of the Legislature.

(1.1)  The amount to be repaid under subsection (1) is the lesser of

                                   (a)    the gross amount of severance pay received by the employee, and

                                   (b)    the gross amount of earnings of the employee from employment with the employer referred to in subsection (1) during the period of notice to which the severance pay received by the employee is attributable.

                             (b)    in subsection (2) by striking out “by the Crown to the employee” and substituting “to the employee by the employer referred to in that subsection”.

(4)  Section 25.04(1) is amended by adding “, or against the Legislative Assembly, the Speaker of the Legislative Assembly, an office of the Legislature, or any agents, appointees or employees of the Legislative Assembly or an office of the Legislature” after “appointees or employees”.

Religious Societies’ Land Act

Amends RSA 2000 cR-15

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

(2)  Section 12(2)(b) is repealed.

(3)  Section 22(2) is repealed.

Safer Communities and Neighbourhoods Act

Amends SA 2007 cS-0.5

17(1)  The Safer Communities and Neighbourhoods Act is amended by this section.

(2)  Section 3(1)(e)(i) is amended by adding “or cannabis” after “liquor”.

Teaching Profession Act

Amends RSA 2000 cT-2

18(1)  The Teaching Profession Act is amended by this section.

(2)  Section 16(h) is repealed and the following is substituted:

                             (h)    “Registrar” means the Registrar appointed under the regulations made under the Education Act.