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SS · Government Organization Act

2 Departments and Staff Establishment of departments

Current to 2026-07-02 · Official PDF

(1) The Lieutenant Governor in Council may
(a) establish departments of the Government that are to be
administered by Ministers;
(b) give names to the departments;
(c) designate the Ministers who are to administer the
departments.
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(2) If the name of a department is changed, a reference to that
department in any Act or regulation is to be read as a reference to
the department by its new name.
(3) If a department is reorganized or disestablished, the Lieutenant
Governor in Council may declare that any reference to that
department in any Act or regulation is to be read as a reference to
some other department or part of the public service.
1994 cG-8.5 s2
The Minister may make regulations
(a) for the establishment, operation, administration and
management of provincially administered institutions;
(b) respecting fees and other charges to be charged for any
matter or service provided by or for a provincially
administered institution;
(c) concerning programs offered or to be offered by a
provincially administered institution;
(d) providing for the co-ordin ation of programs and services
between 2 or more institutions offering advanced education
programs or services;
(e) respecting the establishment of advisory or administrative
committees at provincially administered institutions.
(1) The Minister may, where the Minister is authorized to do so
by a regulation made under subsection (3), acquire personal
property.
(2) The Minister may donate or lend property acquired under
subsection (1) to a person or organization.
(3) The Lieutenant Governor in Council may make regulations
(a) respecting the acquisition of property under subsection (1),
and
(b) providing for any matter in relation to the donation or loan
of property under subsection (2) that may be provided for in
relation to grants under section 13 of the Act.
(4) Section 13(3) and (4) of the Act apply to donations and loans
as they apply to grants.
1994 cG-8.5 Sched. 3;1997 c18 s10
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The following individuals are conservation officers by virtue of
their appointments to the offices respectively referred to, namely
individuals appointed as
(a) members of the Royal Canadian Mounted Police,
(b) members of another police service specified in writing by
the Minister,
(c) fishery officers, under the Fisheries Act (Canada),
(d) wildlife officers, under section 1.1(1) of the Wildlife Act,
(e) forest officers, under section 2 of the Forests Act, and
(f) other peace officers specified in writing by the Minister.
(1) The Minister may purchase or expropriate any estate or
interest in land and may purchase any personal property in
conjunction with the land
(a) for the purpose of carrying out any agreement entered into
between the Minister and the government of another
jurisdiction or agency of such a government, a government
agency or any other person,
(b) for the purpose of any program or development project
relating to the protection, enhancement and wise use of the
environment, or
(c) for any other purpose related to a matter under the
administration of the Minister.
(2) Land acquired under this section is under the administration of
the Minister responsible for the Public Lands Act unless, before or
after the acquisition, the Lieutenant Governor in Council, by order,
directs that it is under the administration of the Minister
responsible for this Schedule or some other Minister.
In sections 2.1, 2.2 and 4 to 4.4, "domestic trade agreement"
means
(a) the Agreement on Internal Trade entered into on or about
July 18, 1994 by the Government of Alberta, the
Government of Canada and the governments of the other
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provinces of Canada and the Northwest Territories and
Yukon, including any amendments to the agreement,
(b) subject to the regulations, a trade enhancement arrangement
entered into by the Government of Alberta that is consistent
with Article 1800 of the Agreement on Internal Trade
referred to in clause (a), including any amendments to the
trade enhancement arrangement, or
(c) an agreement that is designated in the regulations as a
domestic trade agreement, including any amendments to the
agreement.
The Minister
(a) is the official legal advisor of the Lieutenant Governor;
(b) shall ensure that public af fairs are administered according to
law;
(c) shall superintend all matters relating to the administration of
justice in Alberta that are within the powers or jurisdiction
of the Legislature or the Government;
(d) shall advise on legislative acts and proceedings of the
Legislature and generally advise the Crown on matters of
law referred to the Minister by the Crown;
(e) shall exercise the powers and is charged with the duties
attached to the offices of the Attorney General and Solicitor
General of England by law or usage insofar as those powers
and duties are applicable in the Province of Alberta;
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(f) shall advise the heads of the several departments of the
Government on matters of law connected with them
respectively;
(g) shall settle instruments issued under the Great Seal of the
Province;
(h) shall regulate and conduct litigation for or against the
Crown or a public department in respect of subjects within
the authority or jurisdiction of the Legislature;
(i) is charged generally with any duties that may be at any time
assigned to the Minister by law or by the Lieutenant
Governor in Council;
(j) is responsible for the conduct of the following matters, the
enumeration of which shall not be taken to restrict the
general nature of any provision of this Schedule:
(i) the recommendation of the appointment of and the
giving of advice to sheriffs, registrars, judicial officers,
medical examiners, notaries public and commissioners
for oaths;
(ii) the consideration of app lications for bail and attendance
on such applications;
(iii) the consideration and argument of appeals from
convictions and acquittals of persons charged with
indictable offences;
(iv) the hearing of applications for the granting of fiats
regarding petitions of right, criminal information,
indictments, actions to set aside Crown patents, actions
to recover fines and penalties and other actions of a
similar nature;
(v) the consideration of app lications for the remission of
fines and penalties;
(vi) the appointment of counsel for the conduct of criminal
business;
(vii) the regulation of the work of official court reporters;
(viii) the supervision of the offices of the courts of law in
Alberta;
(ix) the consideration of proposed legislation and other
matters of a public nature;
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(x) the drawing of special c onveyances and instruments of a
similar nature relating to the sale or purchase of property
under any Act relating to public works or otherwise.
(1) The Lieutenant Governor in Council may make regulations
(a) delegating to one or more delegated persons any of the
powers, duties or functions of the Minister or of an official
under an enactment, except the power of the Minister or
official
(i) to make regulations, as defined in the Regulations Act,
and
(ii) to appoint members to boards and to prescribe the
remuneration of such members;
(b) authorizing a delegated person, with the consent of the
Minister, to provide advice to the Minister named in the
order, on the delegated powers, duties or functions;
(c) imposing conditions on the delegated powers, duties or
functions;
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(d) respecting limiting the liability of a delegated person and the
delegated person's employees, agents, directors or officers
or the members of a committee in an action for negligence
with respect to the delegated power, duty or function when
the delegated person, employee, agent, director, officer or
member of a committee acts in good faith pursuant to the
delegation;
(d.1) providing that any limitation of liability applicable to an
official may be made applicable to a delegated person and
the delegated person's employees, agents, directors and
officers and members of a committee when they are
carrying out the official's power, duty or function;
(e) respecting an appeal from an action or decision of a
delegated person or the delegated person's employees,
agents, directors or officers or members of a committee that
is not inconsistent with an appeal provided for, if any, in an
enactment with respect to the action or decision;
(f) authorizing a delegated person to collect money by the levy
of assessments, fees and charges with respect to the
delegated power, duty or function on persons or classes of
persons specified in the regulations, and respecting how the
assessments, fees and charges are to be imposed, collected
and accounted for and authorizing the delegated person to
use this money for the purposes of costs incurred in carrying
out a delegated power, duty or function;
(g) respecting the payment of a fee to a delegated person for the
carrying out of a delegated power, duty or function;
(h) authorizing a delegated person to collect money by the levy
of assessments, fees and charges with respect to the
delegated power, duty or function on persons or classes of
persons specified in the regulations, and respecting how the
assessments, fees and charges are to be imposed, collected
and accounted for and remitted to the Minister;
(i) authorizing a delegated person, on behalf of the Crown, to
collect money lawfully due to the Crown or a Provincial
agency as defined in the Financial Administration Act
(i) in accordance with th e enactment under which the
money is lawfully due, or
(ii) by undertaking civ il enforcement proceedings,
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and respecting how the money is collected and accounted
for and remitted to the Minister;
(j) respecting records that a delegated person is required to
maintain;
(k) respecting the annual report under section 10.
(2) When a delegation is made under subsection (1),
(a) a reference in an enactment to the Minister or an official
with respect to delegated powers, duties or functions is to be
read as if it were a reference to the delegated person, and
(b) a person who is affected by an action taken or decision
made by a delegated person pursuant to the delegation may
appeal the action or decision in accordance with the
enactment and the regulations under subsection (1).
(3) Notwithstanding the Financial Administration Act, any money
collected by a delegated person pursuant to subsection (1)(f) or (g)
or section 8 belongs to the delegated person.
(1) Subject to subsection (3),
(a) the Minister is responsible for the acquisition and provision
of all supplies that are required by the departments for the
transaction of their business and affairs, and
(b) every department shall acquire its supplies through the
Minister.
(2) All acquisitions of supplies by a department through the
Minister shall be made by public tender except where the Minister
considers that an acquisition by another method is more practical or
economical and permits the acquisition by the other method.
(3) Where, in the Minister's opinion, the acquisition of supplies
otherwise than through the Minister would be practical or
economical, the Minister may, by an order which may be general or
limited to the supplies to the department designated in the order,
permit such an acquisition.
(4) The Lieutenant Governor in Council may by regulation, which
may be general or limited to the supplies or to the department
designated in the regulation, provide for the manner in which
acquisitions of supplies otherwise than through the Minister are to
be made by a department.
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There is hereby established a division of a department of the
Government to be known as "Alberta Registries".
The Minister
(a) may develop and implement policies, programs, services
and administrative procedures in matters pertaining to
consumer protection;
(b) may cause to be investigated complaints of practices that
(i) are in contravention of Acts for the protection of
consumers,
(ii) appear to be detrimental either to a business or to a
consumer, or
(iii) are unethical business practices;
(c) may compile, study and asse ss information directly or
indirectly related to matters pertaining to consumer
protection in order to carry out the Minister's functions and
responsibilities under this Schedule or any other Act and
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with a view to providing that information, or the results of
the study and assessment, to departments of the
Government, government agencies and the public;
(d) may arrange for and assist in the representation of and on
behalf of consumers before any tribunal whose decision or
other action may materially affect the interests of
consumers;
(e) may do any other things the Minister considers necessary
for the furtherance of consumer protection.
The Office of the Utilities Consumer Advocate is established as
part of the department of the responsible Minister, consisting of the
Utilities Consumer Advocate and such staff as the responsible
Minister determines.
Unless the administration is assigned or transferred to some
other Minister by an Act or by an order of the Lieutenant Governor
in Council, the Minister of Infrastructure has the administration of
all highways the title to which is vested in the Crown in right of
Alberta and all airports, airstrips and railways held, used or
occupied by, or the title to which is vested in, the Crown in right of
Alberta.