Province offers updated legislation to keep it current

Following a recommendation from Alberta’s ethics commissioner, the government says amendments to the Conflicts of Interest Act would suspend investigations by the ethics commissioner during the period leading up to a general election, which would keep unproven allegations from influencing the democratic process.

According to provincial officials, amendments would also move dollar limits and rules for elected officials receiving gifts into regulation. This would aim to provide flexibility to adjust the limits to reflect current costs.

Trustee Act

Officials say the amendment to the Trustee Act aims to clarify the definition of incapacitated person.

Estate Administration Act

The government says amendments to the Estate Administration Act would make it easier to understand the requirements of Albertans acting as personal representatives in the administration of an estate of a deceased person.

Jury Act

Provincial officials say the amendment to the Jury Act would replace a reference to summary trial with streamlined trial. Effective Jan. 1, 2024, streamlined trials will replace the seldom used summary trial process for civil and family matters in the Court of King’s Bench. The government says a streamlined trial differs from other forms of trial by relying primarily on written evidence rather than oral evidence, allowing court resources to be used more efficiently, freeing up court time and increasing Albertans’ access to justice.

Justice of the Peace Act

Government officials say amendments to the Justice of the Peace Act would increase access to justice for Albertans by temporarily increasing the maximum number of terms a justice of the peace can serve, allowing time for additional permanent appointments to be made.

Court of King’s Bench Act

According to the government, amendments to the Court of King’s Bench Act would increase the number of judges in the act by six, which reflects the current size of the court based on increases made by orders in council since 2021.

Meantime, the Alberta NDP says it vehemently opposes Bill 8, describing it as the UCP’s most recent attempt at implementing self-serving and unethical changes to the Conflicts of Interest Act.

Justice Critic and MLA for Calgary-Bhullar-McCall, Irfan Sabir, detailed the changes proposed in the bill at a press conference Friday, calling them “very concerning, unethical, and blatantly self-serving.”

The NDP says Bill 8 was introduced by the UCP late into the afternoon session on November 9, 2023, right before the long weekend, giving the Opposition no opportunity to question the government until they return from the legislative break.

The NDP says the proposed amendments would remove legislated limits on gifts that MLAs can receive, which is currently set at $200 from a single source, and prevent the Ethics Commissioner from proceeding with investigations during the election period.

The Opposition says Premier Danielle Smith was found guilty of violating the Conflicts of Interest Act by the Ethics Commissioner on May 18, 2023, 11 days before the provincial election earlier this year. The Party says the report confirmed that “Premier Smith contravened the Conflicts of Interest Act in her interactions with the Minister of Justice and the Attorney General in relation to criminal charges,” attempted to “influence the independent legal system,” and that Smith’s actions were a “threat to democracy.”

The NDP says changes to the Conflicts of Interest Act are made through an established review process, allowing Albertans to provide feedback and recommend changes. The Opposition says Bill 8 would allow the UCP to implement these changes without first consulting the public.

“While Albertans are facing an unprecedented cost of living crisis, the UCP wants to increase the limit on free perks, gifts, and handouts that benefit them just because they have the power to do so,” said Sabir.

“Bill 8 opens the door to good old conservative entitlements and backroom deals.

“We stand for the interests of all Albertans, not just the select few. We will tirelessly work to halt this UCP gravy train and ensure that our laws reflect fairness, transparency, and the public interest.”

by Tanner Smith