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PROTECTING ALBERTA INDUSTRY FROM THEFT ACT, 2020 (SA 2020 c24)

Bill 25

protecting alberta industry from theft act, 2020

Chapter 24

(Assented to July 23, 2020)

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

Amends SA 2013 cS‑3.5

1   The Scrap Metal Dealers and Recyclers Identification Act is amended by this Act.

2   Section 1 is amended

                             (a)    by renumbering clause (a) as clause (a.1) and adding the following before clause (a.1):

                                   (a)    “law enforcement agency” means a police service as defined in the Police Act;

                             (b)    by adding the following after clause (a.1):

                                (a.2)    “non‑ferrous metal” means a metal or alloy that does not contain a significant amount of iron;

                             (c)    by repealing clause (d) and substituting the following:

                                   (d)    “scrap metal” means all new or used items substantially made of non‑ferrous metal, including, but not limited to, aluminum, brass, bronze, copper and tin, and other metal or material prescribed by the regulations;

                             (d)    by adding the following after clause (e):

                                    (f)    “traceable currency” means a method of payment in which the transfer of money is able to be followed from the sender to the recipient by a third party, and in which the sender and recipient are not anonymous, and does not include payment by cash or any electronic currency in which the sender and recipient are anonymous.

3   Section 3 is amended

                             (a)    by adding the following after subsection (1):

(1.1)  No scrap metal dealer or recycler shall purchase or receive scrap metal from a person who fails to provide proof that the person meets age eligibility requirements for engaging in a scrap metal transaction, as prescribed by the regulations.

                             (b)    in subsection (5) by striking out “not to exceed one year after the transaction” and substituting “of at least 2 years from the time of the transaction or for such other period as may be prescribed by the regulations”;

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

(6)  Within 24 hours of purchasing or receiving restricted metal, as defined by the regulations, or purchasing or receiving scrap metal of a weight that is greater than a weight prescribed in the regulations, a scrap metal dealer or recycler shall provide the prescribed information collected under this section to a peace officer or a law enforcement agency in the manner and form prescribed by the regulations.

4   The following is added after section 3:

Mandatory use of traceable currency

3.1   If the total value of a transaction is more than the value specified in the regulations, a scrap metal dealer or recycler must use traceable currency to purchase scrap metal.

5   Section 4 is amended

                             (a)    by renumbering section 4 as section 4(1);

                             (b)    in subsection (1) by adding “a peace officer or” after “matter to”;

                             (c)    by adding the following after subsection (1):

(2)  A peace officer or a law enforcement agency may require a scrap metal dealer or recycler to hold metal that a scrap metal dealer or recycler, peace officer or law enforcement agency suspects is stolen property for a period prescribed by the regulations.

(3)  During the period referred to in subsection (2), the scrap metal dealer or recycler shall not sell or otherwise dispose of the metal that is suspected to be stolen property.

6   Section 5(1) is amended by adding “or a law enforcement agency” after “peace officer”.

7   Section 9(1) is amended

                             (a)    in clause (a)

                                     (i)    in subclause (i) by striking out “$5000” and substituting “$10 000”;

                                    (ii)    in subclause (ii) by striking out “$15 000” and substituting “$50 000”;

                             (b)    in clause (b)

                                     (i)    in subclause (i) by striking out “$15 000” and substituting “$25 000”;

                                    (ii)    in subclause (ii) by striking out “$50 000” and substituting “$200 000”.

8   Section 10 is amended

                             (a)    by adding the following after clause (d):

                                (d.1)    prescribing a time period for the purpose of section 3(5);

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

                                (e.1)    defining materials as restricted metal for the purpose of this Act;

                             (c)    by adding the following after clause (f):

                                 (f.1)    prescribing age eligibility requirements for engaging in a scrap metal transaction;

                             (d)    in clause (h)

                                     (i)    by adding the following after subclause (i):

                                        (i.1)    the manner and form in which recorded information must be provided to the Minister;

                                    (ii)    by repealing subclause (ii) and substituting the following:

                                          (ii)    the information that must be provided and the manner and form in which recorded information must be provided to a peace officer or a law enforcement agency;

                             (e)    by adding the following after clause (h):

                                (h.1)    respecting the value of a transaction requiring the use of traceable currency;

                                (h.2)    prescribing a time period for the purpose of section 4(2);

                                (h.3)    respecting the collection, use and disclosure of personal information by the Minister;

9   Section 11 is amended by striking out “duties and obligations” and substituting “powers, duties or obligations”.

10   The following is added after section 11:

Collection of personal information by Minister

11.1   The Minister may collect, use and disclose personal information as defined in the Freedom of Information and Protection of Privacy Act in accordance with the regulations.

11(1)  Sections 2(a), (b) and (c), 3(a) and (b), 6, 7, 8(a), (b) and (c) and 9 have effect on September 1, 2020.

(2)  Sections 2(d), 3(c), 4, 5, 8(d) and (e) and 10 have effect on November 1, 2020.