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					ALBERTA LEGISLATION
 Bills, Statutes, Regulations &
       the Alberta Gazette

Edmonton Law Libraries Association
       Head Start Program
           June 2010
        Josette McEachern
         Acquisitions Supervisor
       Fraser Milner Casgrain, LLP
Drafting New Acts & Amendments
• Draft legislation
  – Bills are drafted by the Legislative Assembly
    Office, Legal Services through Parliamentary
    Counsel
  – Parliamentary Counsel advise MLAs and their staff
    and assist in drafting amendments
  – They also advise and assist in drafting private
    members' bills and Private bills.
  – Drafts of new bills, amendments to acts, draft
    regulations are NOT available to the public
               Types of bills
               • Government bills:
• approved by Cabinet, usually introduced by a
  Minister
• potentially pass because the majority of MLAs
  belong to the party in government
• Are numbered 1 – 199
                 Types of bills
          • Private members’ public bills

•   Sponsored by MLAs from any party
•   Do not have Cabinet’s formal approval
•   Occasionally pass
•   Are numbered 200 – 400
                 Types of bills
                   • Private bills

• Sponsored by MLAs from any party
• Affect only individuals / companies / institutions
• Examples are: adoption acts, railway companies,
  post-secondary institutions, foundations, etc.
• Are often passed
• Numbered P1 -
        How a Bill Becomes an Act
• There are 5 steps a bill follows in becoming an act
  and sometimes a 6th step is required

•   1st Reading
•   2nd Reading
•   Committee of the Whole
•   3rd Reading
•   Royal Assent or a date named in the bill
•   Proclamation at a future ‘Coming into force’ date
       How a Bill Becomes an Act:
             First Reading
• 1st reading is when the bill is “Introduced” to
  the Legislature
• The Minister or MLA sponsoring the bill will
  introduce it by name and number and make a
  brief statement about the purpose of the bill -
  No debate occurs at this point
• Members will review & consider it for future
  debate
       How a Bill Becomes an Act:
           Second Reading

• The bill is debated in principle
• members speak for or against it
• a vote is taken, if passed it moves on to
  Committee of the Whole
       How a Bill Becomes an Act:
        Committee of the Whole
• Bill is discussed in detail
• Each clause may be reviewed
• Amendments are made here
• Rules of procedure follow committee rules
  with a Chair, rather than Legislative Assembly
  rules with a Speaker
• Bill is approved and moves on 3rd reading
       How a Bill Becomes an Act:
             Third Reading
• More debate occurs (with a return to
  Assembly rules)
• More amendments could be made
• Vote taken for last time
• If passed moves on to Royal Assent
       How a Bill Becomes an Act:
      Royal Assent - Is it Law Now?
• A bill can only become law once it is given RA
• Usually occurs within a few days of passing 3rd
  reading
• Once RA is given it is no longer a bill but is an
  Act or a law
• Chapter number is assigned, e.g. Bill 1
  becomes c. 40 or maybe c. A-5.1
• However, it may not yet be a law that is in
  force
      How a Bill Becomes an Act:
     When Does it Come Into Force?
• Acts come into force in three ways:
   – On the date of Royal Assent
   – On a date specified within the Act
   – By Proclamation
• Acts can be brought into force entirely or in part
• Each method can be used alone or in
  combination, e.g. the majority of the act comes
  into force on RA except for section 14, which
  comes into force on proclamation
     How a Bill Becomes an Act:
    When Does it Come Into Force?
• If the last page of the bill says nothing about
  coming into force on proclamation or a
  specific date, it will be in force on Royal
  Assent.
• The date of RA is shown on the first page once
  it is printed as a chapter or an act.
• Or, the last page or the end of the bill will
  state it CIF on proclamation or on a specific
  date or that sections CIF on a specific date.
           Proclamations:
How do I know when it is proclaimed?
• The decision as to when proclamation will be
  announced is made by Cabinet
• But the actual Proclamation is issued by the
  Lieutenant Governor
• Proclamation is printed in the Alberta Gazette
  Part I, twice per month.
             Proclamations:
        The Alberta Gazette Part I
• A proclamation date may be retroactive,
  current or a date in the future.
• Proclamations all begin as Orders in Council so
  you could watch the AB govt. Orders in
  Council website for the earliest notice of a
  proclamation.
         Tracing the History of a Bill
  Know Your Names & Numbers - The ## Legislature


• Each time an election occurs and a
  Government is voted in, the gathering of
  newly elected members in the Legislative
  Assembly changes
         Tracing the History of a Bill
   Know Your Names & Numbers - The #nd Session
• Sessions typically follow the calendar year
• The first time the Assembly gathers in a new
  year, the Lieutenant Governor typically
  proclaims the Legislature to be “open” and a
  new session begins
• When the Assembly ends in the fall the
  Lieutenant Governor typically prorogues the
  Legislature
            Tracing the History of a Bill
  Know Your Names & Numbers - The ##nd Session
• Proroguing the Legislature – “the formal end of a
  legislative session. Any motion or bill still on the Assembly’s
  agenda “dies on the Order Paper”; that is, it is no longer
  before the Assembly and must be reintroduced at the next
  session if members still wish it to be considered.”
• Over the course of 4 years there will typically
  be 4 sessions of the Legislature
         Tracing the History of a Bill
       Know Your Names & Numbers - Sittings

• Each session of the Legislature may have
  several sittings
• Sittings occur within a session: described as
  the Spring Sitting or Fall Sitting but there
  could also be Winter Sitting
        Tracing the History of a Bill
           Recurring bill & chapter numbers

• Each year new bills are passed, new acts are
  created and existing ones amended
• Each year numbering begins anew. Therefore,
  each year will have a Bill 1 or a c. 10, etc.
• If you are tracing the history of an act or bill you
  should know the number of the Legislature, the
  Session number, the bill number and the chapter
  number. The year is important but it won’t
  always be enough information.
         Tracing the History of a Bill
              Alberta Hansard
• Use the Alberta Hansard to find debates of
  bills as they pass through readings and
  committee of the whole
• Debates may inform you of the intent and
  purpose of the legislation
            Tracing the History of a Bill
    Status of Bills Report & the Alberta Hansard
Sample Report, referencing pgs. & dates in Hansard where debated:

• Bill 1* — Lobbyists Act (Stelmach)
• First Reading — 5 (Mar. 7 aft.)
  Second Reading — 231-32 (Mar. 20 aft.), 248-49 (Mar. 20 aft.), 251-
  52 (Mar. 20 aft.), 284-86 (Mar. 21 aft.), 303-10 (Mar. 22 aft.,
  passed), 1339-40 (May 29 aft., referred to Standing Committee on
  Government Services), (Nov. 6 aft., reported to Assembly)
  Committee of the Whole — 1985-88 (Nov. 14 aft., amendments
  introduced), 2009-22 (Nov. 15 aft., amendments agreed to), 2117-
  31 (Nov. 21 aft., amendments agreed to), 2219-25 (Nov. 27 aft.,
  passed with amendments)
  Third Reading — 2465-71 (Dec. 4 eve., passed)
  Royal Assent — (Dec. 7 outside of House sitting) [Comes into force
  on proclamation; SA 2007 cL-20.5 ]
                    Tracing History of a Bill
                                  Checklist
• The Legislative Assembly of Alberta website
•   http://www.assembly.ab.ca/net/index.aspx?p=bills_home
• Status Report of bills back to 1989
• Copies of historical bills back to 1961
• Alberta Hansard back to 1989
• Orders papers back to 1998
• Votes & Proceedings back to 1990
• Queen’s Printer Website for Alberta Gazette, Part I
  proclamations back to 1995.
• http://www.qp.alberta.ca/Alberta_Gazette.cfm
                           Alberta Statutes
                                 Sources Available
•   Bound volumes are still the official source in Alberta
•   Annual vs consolidation / RSA bound vs. looseleaf
•   Queen’s Printer www.qp.alberta.ca/Laws_Online.cfm
•   QPSource: http://qpsource.gov.ab.ca/
•   Office consolidation booklets
•   Canlii / WC / QL / Other sources
•   U. of C. law library website: http://library.ucalgary.ca/branches/law
•   The Alberta Law Collection for historical acts, etc.
    http://www.ourfutureourpast.ca/law/
Queen’s Printer Laws Online
         Free website
           QP Source Professional
                   Paid website
• Extremely affordable – probably not billed back
  to clients ($230 + $100 addl. Concurrent users)
• More content
• Greater search flexibility
• Table of public statutes
• Point in time statutes
• Index of regulations
• Rules of court
• PRIVATE ACTS ARE NOT INCL. IN QP SOURCE,
• nor Quicklaw nor Westlaw Canada, NEED PRINT
QP Source Professional
      Paid website
QP Source Professional
      Paid website
Tracing the History of An Act:
Table of Public Statutes – “Pink Pages”
                Tracing the History of An Act:
               Table of Public Statutes – “Pink Pages”
•   Income and Employment Supports Act (2003 cI-0.5)
•         ss20 to 27,50,60(3) Eff. Jan 1/04, s59 Eff. Mar 31/04, ss1 to 10,12 to 19,28 to 33,
•                    43 to 49,51,54(1) and (2)(b),56 to 58,60(4) Eff. Apr 1/04,
•                    ss34 to 42,53,60(1),(2) Eff. Apr 30/04, ss52,55 Eff. Apr 1/14, s54(2)(c)
•                    Eff. Apr 1/15, s11 Proc.;
•         s6 2006 c20 s2 Eff. June 14/06;
•         s10 2006 c20 s3;
•         s12 2004 c10 s2;
•         s16 2007 c20 s2 Eff. July 11/07;
•         s17 2007 c20 s3 Eff. July 11/07; 2008 cA-4.2 s135 Proc.;
•         s24 2004 c10 s3;
•         s28 2007 c20 s4 Eff. July 11/07;
•         s33 2006 c20 s4; 2007 c20 s5 Eff. July 11/07;
•         s34 2006 cA-45.1 s14 Eff. May 1/07; 2007 c20 s6 Eff. July 11/07;
•         s35 2007 c20 s7 Eff. July 11/07;
•         s36 Rep. 2007 c20 s8 Eff. July 11/07;
•         s36.1 2007 c20 s9 Eff. July 11/07;
•         s38 2006 cA-45.1 s14 Eff. May 1/07; 2007 c20 s10 Eff. July 11/07;
        Tracing the History of An Act:
          Following the amendment trail

                   • Part 6
              Recovery and Offences
• Definition
• 34 In this Part, “assistance” means
•    (a) assistance under Part 2, or
•    (b) assistance or a benefit provided under
  any other enactment as specified in the
  regulations.
            • 2003 cI-0.5 s34;2006 cA-45.1 s14;2007 c20 s6
 Tracing the History of An Act:
Checking the Table of Public Statutes trail
       Tracing the History of An Act:
    Checking other statute years or revisions
• If you wanted to see the history of amendments to the
  Income Support Recovery Act (RSA 2000 cI-1) that was
  repealed, you would look in the pink pages at the back of
  the ANNUAL VOLUME for 2003 – the year the act was
  repealed.
• You will need the actual print bound (Alberta Laws
  Historical Collection doesn’t go that far back)
• SA 2003 & previous will show history from 2003 back to
  RSA 2000
• Prior to RSA 2000 you would look in the pink pages of the
  RSA 1980, then RSA 1970, etc.
Table of Public Statutes – “Pink Pages”
              1906 - 1990
            Tracing the History of An Act:
Connecting RSA 1980 to RSA 2000 Schedule D - Concordance
       Private Acts: Where to Find Them
         Annual Bound - “Blue Pages”
• PRIVATE ACTS ARE NOT INCL. IN QP SOURCE,
• nor Quicklaw nor WC, find them using:
• Table of Contents of annual bound volumes or
• Blue pages at the back of each annual bound vol.
  for the history of amendments
• Search Alberta Law Collection website
• http://www.ourfutureourpast.ca/law/
1990 Annual Stats Table of Private Statutes, “Blue pages” online
  Regulations & Orders In Council
• Acts state what is allowed
• Regulations give specific details (how, where,
  when, who, etc.)
• All regulations begin as Orders in Council but
  all OICs do NOT become regulations
• You CANNOT obtain draft copies of Alberta
  regulations (federal yes); the OIC is the
  earliest copy of the reg. you can obtain
            Orders In Council
• OICs are orders of the Lieutenant Governor
  upon the advice of Cabinet.
• Derive their authority from statutes
• For OICs prior to 1998 you may have to
  contact the Legislature Library or the Ministry
  that the OIC falls under.
• Alberta Gazette Part I prints OICs required by
  statute to be printed
                                                                       Regulations
•   Regulations are drafted by Legislative Counsel
•   Most regulations are printed in the Alberta Gazette, Part II. However, s.17 of the
    Regulations Act Regulation, exempts from publication:
•   Exemptions from Act
•   17 (1) The following are exempt from the application of the Act:
•   (a) by-laws made under the Provincial Health Authorities of Alberta Act ;
•   (b) all regulations and orders made under the Oil and Gas Conservation Act , other than regulations made under sections 10(1), 35, 58 and 59 of that Act;
•   (c) all regulations and orders of the Energy Resources Conservation Board made pursuant to a regulation under a provision of the Oil and Gas Conservation Act set out in clause (b);
•   (d) all orders of the Energy Resources Conservation Board made under the Turner Valley Unit Operations Act ;
•   (e) all orders of the Alberta Utilities Commission made under the Oil and Gas Conservation Act ;
•   (f) all regulations made under the Financial Administration Act , other than regulations made under sections 2 and 71 of that Act;
•   (g) all regulations made by a producer board constituted under the Marketing of Agricultural Products Act that relate to the determination, fixing, alteration or cancellation of prices
    respecting any product regulated by the producer board;
•   (h) all orders of the Alberta Dairy Control Board under the Dairy Board Regulation (AR 207/96);
•   (i) all regulations made under the Public Service Act ;
•   (j) all rules of the Registrar of the Metis Settlements Land Registry made under section 60 of the Metis Settlements Land Registry Regulation (AR 361/91);
•   (k) all regulations made under section 229(1) of the Metis Settlements Act ;
•   (l) all by-laws made under the Medical Profession Act , except section 31, by the Council of the College of Physicians and Surgeons of the Province of Alberta;
•   (m) all orders made by the Lieutenant Governor in Council under section 6 of the Provincial Parks Act ;
•   (n) repealed AR 210/2007 s2;
•   (o) all orders of the Minister under sections 3(1), 7, 14(1) and 28(1) of the Public Highways Development Act ;
•   (p) all orders of the Lieutenant Governor in Council under section 25(1) of the Public Works Act ;
•   (q) all orders of a Minister prescribing a maximum speed under the Traffic Safety Act ;
•   (r) all orders of the Minister under section 6 of the Natural Gas Royalty Regulation, 2002 (AR 220/2002) and section 7 of the Natural Gas Royalty Regulation, 2009 ;
•   (s) all orders of the Minister under section 1.1 of the Petroleum Royalty Regulation (AR 248/90) or section 5 of the Petroleum Royalty Regulation, 2009 ;
•   (s.1) all orders of the Minister under section 8 of the Oil Sands Royalty Regulation, 2009 ;
•   (s.2) all orders of the Minister under section 2(3) of the Oil Sands Allowed Costs (Ministerial) Regulation (AR 231/2008);
•   (s.3) all orders of the Minister under section 1(4) of the Bitumen Valuation Methodology (Ministerial) Regulation (AR 232/2008);
•   (t) repealed AR 119/2008 s8;
•   (u) all by-laws made under the Teaching Profession Act , except by-laws referred to in section 28(1);
•   (v) all rules and resolutions made under the Legal Profession Act ;
•   (w) all regulations made under section 20(1)(b) of the Court of Queen’s Bench Act ;
•   (x) all orders of the Minister made under section 4 of the Court Agents Regulation (AR 68/2001).
•   (2) Repealed AR 254/2007 s43.
•   (3) An order or regulation referred to in subsection (1)(m) or (n) must be published in Part I of The Alberta Gazette.
•   (4) An order or regulation referred to in subsection (1)(m) or (n) that was made before the coming into force of this subsection and was published in Part II of The Alberta Gazette is
    considered to have been published within the meaning of subsection (3).
•   AR 288/99 s17;251/2001;26/2002;5/2003;221/2004;210/2007;254/2007; 119/2008;221/2008;222/2008;223/2008;34/2009
                     Regulations
• Come into force similar to statutes, either:
   – on the date they are filed or
   – a date specified within the regulation
• The date is found beside the header of the regulation
  in the paper or PDF but not in electronic copies.
• The Gazette publishes individual regs. (new &
  amendments)
• There is no paper consolidation of regulations ; use
  QP Source
• PDFs are NOT official – paper bound vols. are
Regulations – In Force date
Index to Regulations: One Index under every year – includes
    history of amendments, cumulated to that year end
Index to Regulations: Tracing the History of All
        Regulations Currently In Force
Index to Regulations: Tracing the History of
     Regulations for the Current Year
           Index to Regulations:
Tracing the History of Repealed Regulations
                     Regulations Checklist
• Orders In Council - QP website, browse back to 1998:
    http://www.qp.alberta.ca/507.cfm

• Orders In Council searchable back to 1967 - QPSource
• Regulations bound volume - Alberta Gazette, Part II – annual
  vols. Includes an index consolidated to year end.
• Regulations online - QP website – Alberta Gazette Part II,
  individual issues + annual Index to Regulations, back to 1995:
    http://www.qp.alberta.ca/Alberta_Gazette.cfm

• Regulations online - QPSource, Gaz. Pt.II Searchable to 1996
• The Alberta Law Collection, historical Gazettes back to
  inception: http://www.ourfutureourpast.ca/law/browse.aspx?g=Law&p=Alberta+Gazette+(includes+Regulations)
    ALBERTA LEGISLATION
Bills, Statutes, Regulations &
      the Alberta Gazette




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