SS · Government Organization Act
4 Deputy ministers
appointed a deputy minister for each Minister.
(2) The Lieutenant Governor in Council may authorize more than
one deputy for a Minister if the duties of that Minister make it
advisable and may designate the name of office of each deputy so
authorized.
(3) For the purposes of the Public Service Act, each deputy
minister is a chief officer of a department.
1994 cG-8.5 s4
(1) The Lieutenant Governor in Council may by regulation
establish any part or parts of Alberta as a "Restricted Development
Area" or a "Water Conservation Area" (in this section called "the
Area") on the report of the Minister that the establishment of the
Area is necessary in the public interest to co-ordinate and regulate
the development and use of the Area for the purpose of
(a) preventing, alleviating, controlling or stopping the
destruction, damage or pollution of any natural resources in
or adjacent to the Area,
(b) protecting a watershed in or adjacent to the Area,
(c) retaining the environment of the Area in a natural state or in
a state suitable for recreation or the propagation of plant or
animal life,
(d) preventing the deterioration of the quality of the
environment of the Area by reason of the development or
use of land in the Area incompatible with the preservation
of that environment,
(e) confining to land within the Area
(i) any operation, activity, use, development or occupation
of land
(A) that adversely affects or is likely to adversely affect
the quality or quantity of any natural resource, or
(B) that destroys, disturbs, pollutes, alters or makes use
of a natural resource, or is likely to do so,
o r
(ii) any emission, discharge, noise or other environmental
pollutant, or its source, whether from any commercial,
industrial or other operation, activity, use, development
or occupation of land, or
(f) separating
(i) any operation, activity, use, development or occupation
of land
(A) that adversely affects or is likely to adversely affect
the quality or quantity of any natural resource, or
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(B) that destroys, disturbs, pollutes, alters or makes use
of a natural resource, or is likely to do so,
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(ii) any emission, discharge, noise or other environmental
pollutant, or its source, whether from any commercial,
industrial or other operation, activity, use, development
or occupation of lands
from any operation, activity, use, development or
occupation of adjacent land.
(2) Notwithstanding any other Act, when the Lieutenant Governor
in Council establishes a Restricted Development Area or Water
Conservation Area, the Lieutenant Governor in Council may, in the
same regulation or in any subsequent regulation, provide for
(a) the control, restriction or prohibition of any kind of use,
development or occupation of land in the Area prescribed in
the regulations;
(b) authorizing the Minister to consent to or approve any
particular kind of use, development or occupation of land in
the Area or to exempt any particular kind of use,
development or occupation from the operation of any
provision in the regulations made pursuant to clause (a);
(c) the control, restriction or prohibition of the exercise of any
power specified in the regulations by any specified Minister
of the Crown, government official or government agency;
(d) the removal of any buildings, improvements, materials or
animals from the Area, and the payment of compensation by
the Crown for any loss resulting from it;
(e) the control, restriction or prohibition of the dumping,
deposit or emission within the Area of any substance
specified in the regulations;
(f) the authorizing of the acquisition by purchase or
expropriation by the Minister of any estate or interest in
land in the Area;
(g) the authorizing of the purchase by the Minister on behalf of
the Crown in right of Alberta of all of the shares and
debentures of any corporation that
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(i) on the date of the purchase is the registered owner of an
estate or interest in land that is wholly or partly within
the Area,
(ii) has been the registered ow ner of the estate or interest
from the date the Area was established,
(iii) owns the estate or intere st in land free and clear of any
encumbrances, other than encumbrances to which the
Minister agrees,
(iv) has no assets other than the estate or interest in land, and
(v) has no outstanding liabilities other than debentures,
and the authorizing of the Minister to do all things that are
necessary to transfer the estate or interest in the land to the
Crown in right of Alberta;
(h) making any or all of the provisions of the Surface Rights Act
inapplicable to any land of the Crown in the Area;
(i) the prohibition, with respect to any land of the Crown in the
Area, of any expropriation to which the Expropriation Act
applies;
(j) any other matter or thing necessary or incidental to the
protection or improvement of the environment of the Area.
(3) The Lieutenant Governor in Council may not establish an Area
that covers all or part of a Metis settlement or make or amend a
regulation under subsection (2) that applies to an Area that covers
all or part of a Metis settlement unless the Minister consults with
the Metis settlement and the Metis Settlements General Council.
(4) When a regulation is made under this section, the Minister
shall file a notice to that effect together with a certified copy of the
regulation with the Registrar of Land Titles and, on such filing, the
Registrar shall endorse a memorandum of the notice on each
certificate of title pertaining to land within the Area.
(5) When a regulation under this section is amended,
(a) the Minister shall file a further notice respecting the
amending regulation together with a certified copy of the
amending regulation;
(b) the Registrar of Land Titles shall keep the further notice
with the original notice and shall treat them as one
document;
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(c) subject to subsections (6) and (7), the Registrar of Land
Titles shall not make any further endorsement on any
certificate of title in respect of the further notice.
(6) When a regulation under this section is amended and the effect
of the amendment is to add land to an Area, the Registrar of Land
Titles shall, on receiving the Minister's further notice under
subsection (5), endorse on each certificate of title for the additional
land a memorandum of the original notice under subsection (4) and
the further notice under subsection (5).
(7) When a regulation under this section is amended and the effect
of the amendment is to remove any land from an Area, the
Registrar of Land Titles shall, on receiving the Minister's further
notice under subsection (5), cancel the memorandum of the original
notice under this section on each certificate of title to the land so
removed.
(8) When a regulation under this section is rescinded and not
replaced, the Minister shall file a notice to that effect and a copy of
the rescinding regulation with the Registrar of Land Titles who
shall, on such filing, cancel the memorandum of the original notice
on each certificate of title to the land previously within the Area.
(9) When a regulation under this section is rescinded and replaced
by another regulation, the Minister shall file with the Registrar of
Land Titles a notice to that effect and a certified copy of the new
regulation and the Registrar shall,
(a) with respect to land that was subject to the rescinded
regulation and is also subject to the new regulation, cancel
the memorandum on the certificate of title for the land of the
notice pertaining to the rescinded regulation and endorse a
memorandum on it of the notice pertaining to the new
regulation, which notice shall be then treated as a notice
under subsection (4);
(b) with respect to land that was subject to the rescinded
regulation but is not subject to the new regulation, cancel
the memorandum of the notice on the certificate of title for
the land;
(c) with respect to land that was not subject to the rescinded
regulation but is subject to the new regulation, treat the
notice as a notice under subsection (4) and act accordingly.
(10) On the filing with the Registrar of Land Titles of a notice
under subsection (4), (5), (8) or (9), the Registrar shall send a
notification respecting the filing of the notice, but without sending
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a copy of the regulations, amending regulations or rescinding
regulations to which the notice relates, by mail or otherwise, to
each registered owner on whose title a memorandum of the notice
is endorsed.
(11) Notwithstanding subsection (10), the Minister shall send, by
mail or otherwise, to each person shown on the certificate of title as
having a subsisting estate or interest in the land affected by any
regulation, amending regulation or rescinding regulation referred to
in subsection (4), (5), (8) or (9), at the last address shown for that
person on the certificate of title, a copy of the regulation, amending
regulation or rescinding regulation, as the case may be, together
with a notification relating thereto containing the information that
the Minister may prescribe.
(12) If the Area covers patented land as defined in the Metis
Settlements Act, subsections (4) to (11) insofar as they apply to that
land are to be read with the following modifications:
(a) references to the Registrar of Land Titles are to be read as
the Registrar of the Metis Settlements Land Registry;
(b) references to certificate of title are to be read as Metis title
register.
(13) The validity or operation of a regulation under this section is
not dependent on the filing of any notice by the Minister with the
Registrar of Land Titles under this section.
(14) Notwithstanding the enforcement of priority provisions in the
Metis Settlements Land Registry Regulation (AR 361/91), the
validity or operation of a regulation under this section is not
dependent on the filing of any notice by the Minister with the
Registrar of the Metis Settlements Land Registry.
(15) Where the Minister has, before December 15, 1975, filed a
caveat under the Land Titles Act against the certificate of title to
any land in an Area purporting to claim an interest in the nature of
regulatory restrictions on the uses of that land pursuant to a
regulation under this section, the caveat is deemed for all purposes
to be a notice by the Minister under subsection (4) and to have been
filed under subsection (4).
(1) In this section, "award" means award as defined in the
regulations.
(2) A certified copy of an award, or of the document that contains
an award, under a domestic trade agreement may be filed with the
clerk of the Court of King's Bench and on being filed the award
has the same force and effect and is enforceable as if it were an
order or judgment of the Court of King's Bench, but only if and to
the extent that that filing or enforcement is not restricted by the
domestic trade agreement.
(3) Repealed 2014 c8 s3.
(4) For the purposes of subsection (2), a copy of an award or a
document containing an award must be certified as being a true
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copy by the appropriate official or body designated in the
regulations.
(1) The Minister as Provincial Secretary
(a) has all the powers, duties and functions, insofar as they or
any of them are applicable to Alberta, that are assigned by
law or custom to the Provincial Secretaries and Registrars of
the different provinces of Canada;
(b) is the Keeper of the Great Seal of the Province;
(c) shall issue letters patent, commissions and other documents
under the Great Seal of the Province and countersign the
letters patent, commissions and other documents except
those that are countersigned by the Clerk of the Executive
Council;
(d) is the keeper of re gisters of the Province.
(2) Commissions issued by the Provincial Secretary under the
Great Seal of the Province shall run in His Majesty's name.
A delegated person and the person's employee, agent, director
or officer or member of a committee may, with the consent of the
Minister, disclose information that the person, employee, agent,
director or officer or member of the committee obtains while
carrying out a delegated power, duty or function.
The Minister may act as the agent of a department referred to in
section 1(b)(i) or (ii) in
(a) the acquisition of its supplies or services,
(b) the disposition of its surplus supplies, or
(c) any function, in relation to its public works, that is referred
to in section 7(b) to (d).
(1) The Minister may enter into an agreement with a registry
agent under which the registry agent may carry out, on behalf of
the public, registrations in a registry using the facilities and
services provided by that registry agent.
(2) A registry agent shall not carry out registrations in a registry on
behalf of the public except when permitted to do so under an
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agreement entered into between the Minister and the registry agent
and in accordance with that agreement.
(3) For the purpose of carrying out registrations under the enactments
under which a registry operates using the facilities and services
provided by a registry agent, the Minister may, notwithstanding any
provision of those enactments, make regulations facilitating the
carrying out of registrations in that registry using the facilities and
services provided by that registry agent.
(1) The Office of the Utilities Consumer Advocate may, for the
purposes of carrying out the responsibilities set out in section 3(d),
collect and use information about an electricity and natural gas
distributor, provider or retailer from
(a) the Market Surveillance Administrator,
(b) the Alberta Utilities Commission,
(c) the Director of Fair Trading, and
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(d) any other persons as reasonably required to carry out the
responsibilities set out in section 3(d).
(2) For the purposes set out in subsection (1), the bodies,
organizations and persons referred to in subsection (1) are
authorized to disclose information about a distributor, provider or
retailer to the Office of the Utilities Consumer Advocate.
(3) For the purposes set out in subsection (1), the Office of the
Utilities Consumer Advocate is authorized to disclose information
collected under this section about a distributor, provider or retailer
to any persons as reasonably required to carry out the
responsibilities set out in section 3(d).
(4) No action lies against the Office of the Utilities Consumer
Advocate for the publication of any information pursuant to this
section, if such publication is made in good faith for the purposes
of section 3(d).
(5) Nothing in this section compels the disclosure of any
information or records that are subject to any type of legal
privilege, including solicitor-client privilege.
The design, construction, alteration, repair and maintenance of a
highway, airport, airstrip or railway for which the Minister is
responsible may be done either
(a) by employees of the Minister's Department, or
(b) by any other persons under contract or commission, when
the Minister is of the opinion that
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(i) from the nature of the work, it can be executed more
expeditiously or economically in that manner, or
(ii) it is desirable or expedient to do so.