Spring 2021

Red Tape Reduction Implementation Act

Amended

  • Alberta Utilities Commission Act, SA 2007, cA-37.2
  • Builders’ Lien (Prompt Payment) Amendment Act, SA 2020, c30
  • Business Corporations Act, RSA 2000, cB-9
  • Employment Standards Code, RSA 2000, cE-9
  • Family Protection Act, RSA 2000, cF-4.7
  • Fatal Accidents Act, RSA 2000, cF-8
  • Real Estate Act, RSA 2000, cR-5
  • Securities Act, RSA 2000, cS-4
  • Travel Alberta Act, SA 2008, cT-6.5

Summary

The Red Tape Reduction Implementation Act amends

  • the Alberta Utilities Commission Act to issue decisions according to its rules;
  • the Builders’ Lien (Prompt Payment) Amendment Act
    • by extending the Act to a prescribed class of professionals acting in a consultative capacity
    • so that a person issuing a certificate of substantial performance must ensure that the persons working or furnishing materials have a reasonable opportunity of seeing the certificate within 3 days from the date of issuing the certificate. Otherwise, the person issuing the certificate is liable for legal and other costs and damages incurred by and resulting to a person by reason of the non-compliance; andchange the adjudication of disputes to litigation if 
    • change the adjudication of disputes to litigation if a party commences and action in court with respect to the dispute. An application for judicial review of the determination of an adjudicator shall be filed with the court and served no later than 30 days from the date of the notice of determination.
  • the Business Corporations Act to allows the Alberta Securities Commission (“ASC”) to make an Order respecting any class or classes of persons, companies, corporations, distributions or securities relating to any matter in respect of which the ASC is permitted to make a determination if the ASC is satisfied that the order would not prejudice any security holder of a corporation whose securities are distributed under that order.
  • the Employment Standards Code by removing the requirement for the daily recording of an employee’s hours of work.
  • the Fatal Accidents Act by allowing public online access to reports regarding reviews of bereavement damages caused by fatal accidents. the Builders’ Lien (Prompt Payment) Amendment Act
  • the Family Property Act by replacing application of repealed wills and succession legislation with regard to whom a
    • judgment of divorce is granted,
    • declaration of nullity of marriage is made, 
    • judgment of judicial separation is granted, or
    • declaration of irreconcilability under the Family Law Act is obtained
  • the Securities Act by
    • increasing the deadline for an appeal to be commenced by filing a notice of appeal with the Court of Appeal within 45 days after the day a decision is made;,
    • allows the ASC to designate in writing, an applicant as a designated information if the ASC considers that it would not be prejudicial to the public interest to do so.
    • prohibits aiding, abetting and counselling a person or company to contravene Alberta securities laws.
  • the Real Estate Act by outlining and clarifying the criteria, terms and election processes for the Real Estate Council of Alberta and Industry Councils. The Minister must approve of rules or bylaws and their amendments. Board members may be initially appointed for up to 3 years, and up to 3 years subsequent reappointments. No person may serve as a Board member for more than 6 years of consecutive service and 12 years.

In Force: On various dates