After a three-week hiatus, the provincial legislature resumed November 21 with the government introducing six new bills, making changes to impaired driving regulations, court efficiency, land appropriation, the Health Quality Council of Alberta, foster care and election dates.

Fixed Election Dates

A set election schedule was one of Premier Alison Redford’s campaign promises during the Conservative party leadership race in September. Most municipalities and provinces in Canada already have fixed dates for general elections.

The government proposes to hold elections every four years, on any given date between March 1 and May 31. The three-month window has stirred criticism from opposition members such as Liberal MLA for Edmonton-Gold Bar, Hugh MacDonald, who says Alberta elections should fall on a specific day, not “a fixed election season.”

Alison Keppler of Alberta Justice says the reasoning behind opting for a season rather than a date was that the government wants the flexibility to choose a day which does not coincide with floating holidays or major events.

“We want to ensure Albertans can participate in the provincial elections, so we have attempted to minimize potential conflicts,” she says.

To ensure the legislation is constitutional, Alberta’s lieutenant-governor would retain the power to dissolve the legislature at his or her discretion. If passed, the first provincial election under the new schedule would be held in the spring of 2012.

Health Inquiry

Another of Premier Redford’s promises was an independent public inquiry into allegations of government intimidation of physicians and emergency room mismanagement. Her suggestion during the two-day legislative session in October that an inquiry could instead be handled by a beefed-up Health Quality Council of Alberta (HQCA) irritated her opponents. Regardless of the opposition, Bill 24 will strengthen the HQCA and allow it to appoint an investigating panel, headed by a judge, in any forthcoming inquiry.

Andy Weiler at Alberta Health and Wellness explains the bill empowers the HQCA to subpoena witnesses and compel evidence, and requires the HQCA to report to the legislature instead of the health minister. However, it will not have the authority to trigger an inquiry.

“A public inquiry is a rare and significant occurrence, requiring a significant commitment of financial and human resources.... It will be up to cabinet to determine whether it is in the public interest to call an inquiry,” says Weiler. The act ensures the confidentiality of patient records is respected.

Impaired Driving

After praising B.C.’s tough new impaired driving laws, Premier Redford said her government may introduce similar changes to Alberta’s drunk-driving legislation. Citing 96 deaths and 1,384 injuries related to drunk driving in 2010, Transportation Minister Ray Danyluk introduced Bill 26’s new DUI sanctions.

The government claims the new penalties are based on research into changing behaviour, primarily so that repeat offenders and drivers with a blood alcohol level over .08 face harsher consequences. Some of those consequences involve mandatory treatment and vehicle confiscation.

Of note, licence suspensions will apply if a driver has a blood alcohol level over .05, if a graduated licence driver has any alcohol in his or her system, or if a driver refuses to provide a breath sample.

Land Appropriation

Alberta’s Land Assembly Project Act was passed in 2009 and has since become infamous among rural landowners and land rights advocates. The law outlines the provincial government’s ability to seize privately owned land it requires for major infrastructure projects, such as power lines and ring roads.

Alberta Infrastructure’s Cameron Traynor says landowners had four concerns with the 2009 legislation: “access to full compensation, confusion of what types of projects will be built, penalties under the act, and access to the courts.”

He says many were confused as to what kinds of public projects may lead to their land being expropriated, and how to ensure they would be fully compensated for the loss of their land.

The amendments to the act are intended to address those concerns, ensuring landowners are consulted in depth before selling their land to the government. Traynor says no new projects are currently being planned.

Advocate for Children in Justice System

Alberta already has an advocate, Del Graff, for children in foster care and the criminal justice system. However, the province is looking at shifting the role to an independent position, reporting to the legislature instead of the Ministry of Alberta Human Services.

The advocate will be tasked with highlighting areas where the child protection system needs improvement and will have the power to investigate cases of injury or death in care.

Alberta Human Services representative Kathy Tefler says the changes will make the system more transparent. In addition to an independent officer, the legislation would also set up a quality council composed of external experts.

“[The council will] be the other check and balance as far as ensuring the interests of the children and youth who are in the system are looked after,” says Tefler.

housekeeping

The sixth bill, Bill 22, makes “housekeeping changes” to existing justice and courts statutes, intended to “improve the efficiency of Alberta’s courts and add clarity to Justice legislation,” according to a press release issued November 21.