Legislation & Regulation

Keeping up with the law

Legislation.pngscroll down for the latest updates of interest

2019-2020: Relevant Developments and Items of Interest

With the re-election of the Liberal party to a minority government, their mandate for a government funded flood insurance program, modeled after the UK's Flood Re, looks to be going forward with the help of the IBC.  This is good news for property insurers, not so much for the taxpayers who will be footing the bill.  
Read all about it here:

Will the Flood Re-style program be ready to go in time to get Manitoba that flood insurance? Unlikely, but they do face flooding every year, although usually in spring. 

Key Regulatory Changes, 2017 - 2018

Advocate for Persons with Disabilities Act – Royal Assent June 7, 2017 -
Creates an advocate role whose position includes reviewing programs and policies, participating in decision-making processes.

Alberta Consumer Protection Legislation – Bill 31: A Better Deal for Consumers and Businesses Act -
This bill amends the Fair trading Act to be renamed to the Consumer Protection Act. The intent is to enhance fairness between consumers and businesses. The new consumer protection laws will come into effect upon proclamation.
Change in protections will include ticket sales, high-cost credit, veterinary services as well as car sales and repairs.

Alberta Insurance Council – Decisions of the General, Life and Adjusters’ Insurance Councils -
Disciplinary actions from the Alberta Insurance Council as well as the Canadian Insurance Regulators

Alberta Human Rights Act – Alberta – January 2, 2018 – Bill 23 -
Addresses age regarding discrimination including minimum age for occupancy

An Act to amend the Holidays Act (Remembrance Day) –Bill C-311 - November 29, 2017 – in legislative process -
This amendment amends the Holidays Act to make Remembrance Day a legal holiday (Federal)

An Act to Amend the Customs Act September 28, 2017 – Bill C-21 -
This bill amends the Customs Act to authorize the Canada Border Service Agency to collect personal information on all persons who are leaving or have left Canada. Provides officers with the power to examine any goods that are exported.

Canadian Free Trade Agreement – July 1, 2017 -
Replaces Agreement on Internal Trade (AIT). Establishes a framework for internal trade and provides a set of trade rules and resolution processes relating to labour mobility, procurement.

Cannabis –
Bill 26: An Act to Control and Regulate Cannabis – Bill 29: An Act to Reduce Cannabis and Alcohol Impaired Driving -
Cannabis will become legal in Alberta by the summer of 2018. This legislation addresses minimum age for permitted use, cannabis sales including purchasing, growing and possessing cannabis, impairment while at work and while driving as well as advertising and packaging. Cannabis impairment will be added to the Traffic and Safety Act as well.

- April 9, 2018 – zero tolerance for cannabis or illegal drugs in the blood stream of GDL drivers, immediate 90-day license suspension for impaired drivers followed by participation in a one-year ignition interlock program

Conflicts of Interest Amendment - December 15, 2017 – Bill 27 - on proclamation -
New rules for provincial agencies, boards and commissions. Amendments effective for Alberta Public Agencies Governance Act, Freedom of Information and Protection of Privacy Act, Lobbyist Act and Public Service Act

Employment Standards Code Changes -
- The Fair and Family friendly Workplace Act – June 2017
- Employment Standards Code and Regulations – effective January 1, 2018
Amendments to the employment Standards Code will have significant impact on employer’s policies, HR practices and
payroll administration. Changes include compassionate care leave, maternity/parental leave, rest periods, compressed
work weeks, deductions, minimum wage, overtime, general holiday and general holiday pay, vacation and vacation pay,
termination and temporary layoffs, youth employment, leaves, enforcement and administration. On October 1, 2018,
the general minimum wage in Alberta will increase to $15 per hour from $13.60 per hour.

Fair and Family-Friendly Workplaces Act – Bill 17 - Royal Asses – in force in part -
Amend the Employment Standards Code, the labour Relations Code, the Enhanced Protection of Farm and Ranch Workers Act related to employment leaves, standards, overtime, vacation pay, termination notice, union certification and decertification processes.

Enhanced Consumer Protection – MOU signed between Investment Industry Regulatory Organization of Canada
(“IIROC”) and the Alberta Insurance Council -

European Privacy – EU General Data Protection Regulation (GDPR) – May 25, 2018 -
Regulation was designed to harmonize data privacy laws and comes with heavy fines for non-compliance.

Minor Injury Regulation – Annual Increase in Amount for Non-Pecuniary Damages -
Effective January 1, 2018, the maximum amount that can be claimed for pain and suffering under regulation will be $5,080.

Occupational Health and Safety Alberta
This includes new obligations to protect workers from workplace harassment and violence, when a prime contractor will be required, requiring the establishment of joint work site health and safety committees, designation of a health and safety representative, changing reporting and investigation requirements for workplace incidents, change of workers
right to refuse work.

Protecting Victims of non-Consensual Distribution of Intimate Images Act – January 2, 2018 – Bill 202 -
Consent of intimate images being distributed.

WCB Alberta -
WCB to establish a Code of Rights and Conduct, establishment of Fair Practices Office, Extension of appeal time, removing cap on maximum insurable earning, rights of workers to select a physician to conduct medical examination, return to work process.