GOVERNMENT ORGANIZATION ACT

Chapter G‑10

Table of Contents

                1       Definitions

Departments and Staff

                2       Establishment of departments

                3       Ministerial seals

                4       Deputy ministers

                5       Staff

                6       Services of experts

                7       Advisory boards, committees or councils

Ministerial Powers

                8       Establishing programs

                9       Delegation of powers and duties

             9.1       Information sharing to combat terrorism

              10       Agreements

              11       Intergovernmental agreements

              12       Fees

              13       Grants

              14       Acquisition and disposal of property

Acting Ministers

              15       Acting Ministers

Transfer of Responsibilities

              16       Responsibility for Acts

              17       Transfer of programs, public service, etc.

              18       Transfer of appropriation

Specific Powers, Duties and Functions

              19       Schedule of specific powers, etc.

Schedules

                         Schedule 1 — Advanced Education

                         Schedule 2 — Agriculture

                         Schedule 3 — Career Development

                         Schedule 3.1 — Community Development Matters

                         Schedule 4 — Education

                         Schedule 5 — Environmental Matters

                         Schedule 6 — Intergovernmental and Aboriginal Matters

                         Schedule 6.1 — Trade, Investment and Labour Mobility Agreement

                         Schedule 7 — Health

                         Schedule 7.1 — Health Services Restricted Activities

                         Schedule 8 — Joint Board of Practice

                         Schedule 9 — Justice Administration

                         Schedule 10 — Labour Statutes Delegation

                         Schedule 11 — Public Works, Supply and Services

                         Schedule 12 — Registries Administration

                         Schedule 13 — Social Housing and Consumer Matters

                         Schedule 13.1 — Office of the Utilities Consumer Advocate

                         Schedule 14 — Transportation Matters

                         Schedule 15 — Solicitor General

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,

                                 (a)    “department” means a department established under section 2;

                                 (b)    “Minister” means a member of the Executive Council of Alberta.

1994 cG‑8.5 s1

Departments and Staff

Establishment of departments

2(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.

(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

Ministerial seals

3(1)  A Minister may have a seal of office in a form the Lieutenant Governor in Council authorizes.

(2)  The seal may be reproduced by engraving, lithography, printing or any other method of reproduction and when so reproduced has the same force and effect as if it had been manually affixed.

1994 cG‑8.5 s3

Deputy ministers

4(1)  In accordance with the Public Service Act, there may be 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

Staff

5   In accordance with the Public Service Act, there may be appointed any employees required to enable each Minister to carry out matters under the Minister’s administration.

1994 cG‑8.5 s5

Services of experts

6(1)  A Minister may engage the services of experts or persons having special, technical or other knowledge to advise the Minister or to inquire into and report to the Minister on matters under the Minister’s administration.

(2)  A person whose services are engaged under this section may be paid the remuneration and expenses determined by the Minister.

1994 cG‑8.5 s6

Advisory boards, committees or councils

7(1)  A Minister may establish any boards, committees or councils that the Minister considers necessary or desirable to act in an advisory or administrative capacity in connection with any matters under the Minister’s administration.

(2)  The Minister may, with respect to any board, committee or council established under this section,

                                 (a)    appoint or provide for the manner of the appointment of its members,

                                 (b)    prescribe the term of office of any member,

                                 (c)    designate a chair, vice‑chair and secretary, and

                                 (d)    authorize, fix or provide for the payment of remuneration and expenses to its members.

(3)  A board, committee or council established pursuant to this section may, with the approval of the Minister, make rules governing the calling of its meetings, the procedure to be used at its meetings, the conduct of business at its meetings, reporting and any other matters as required.

(4)  A board, committee or council established pursuant to this section may exercise the powers and shall perform the duties and functions that the Minister approves or confers or imposes on it.

(5)  The Minister may require any person appointed to a board, committee or council established under this section, before beginning the person’s duties, to take an oath that the person will not, except as authorized by the Minister, divulge any information received by the person in the course of the person’s duties as a member of the board, committee or council.

1994 cG‑8.5 s7

Ministerial Powers

Establishing programs

8(1)  A Minister may establish or operate any programs and services the Minister considers desirable in order to carry out matters under the Minister’s administration.

(2)  A Minister may institute inquiries into and collect information and statistics relating to any matter under the Minister’s administration.

1994 cG‑8.5 s8

Delegation of powers and duties

9(1)  A Minister may in writing delegate any power, duty or function conferred or imposed on the Minister by this Act or any other Act or regulation to any person.

(2)  Subsection (1) does not apply to any power or duty of a Minister to make regulations as defined in the Regulations Act.

1994 cG‑8.5 s9

Information sharing to combat terrorism

9.1(1)  In this section, “terrorist activity” means terrorist activity within the meaning of the Criminal Code (Canada).

(2)  A Minister may share with

                                 (a)    the government of a foreign jurisdiction, the Government of Canada or the government of any province or territory, or a department, agency, board or commission of such a government,

                                 (b)    another department of the Government of Alberta, or an agency, board or commission of the Government of Alberta, or

                                 (c)    a police service in or outside Canada

information that is relevant for the purpose of combating terrorist activity.

(3)  A government, department, agency, board, commission or police service that receives information referred to in subsection (2) may use the information only for the purposes for which it was provided and may not release any of that information without the consent of the appropriate Minister.

2002 c32 s8

Agreements

10(1)  Subject to section 11, a Minister may enter into agreements on or in connection with any matter under the Minister’s administration.

(2)  Without limiting subsection (1), agreements may be made under it with

                                 (a)    the Government of Canada or the government of a province or territory or any agency of the Government of Canada or the government of a province or territory, or

                                 (b)    with the government of a foreign country or any state or agency of it.

(3)  The Crown, Ministers of the Crown and agents of the Crown have and have always had the capacity to enter into agreements with each other or themselves in the same or different capacities.

RSA 2000 cG‑10 s10;2007 cA‑26.5 s22

Intergovernmental agreements

11(1)  In this section,

                                 (a)    “intergovernmental agreement” means an agreement or arrangement under which

                                           (i)    one of the parties is the Government of Alberta or a Minister or Provincial agency, and

                                          (ii)    the other party or one of the other parties is the Government of Canada or a minister, agency or official of it, the government of another province or territory of Canada or any minister, agency or official of it, or the government of a foreign country or any state, minister, agency or official of it;

                              (a.1)    “Provincial agency” means Provincial agency as defined in the Financial Administration Act;

                                 (b)    “responsible Minister” means the Minister determined under section 16 as the Minister responsible for this section.

(2)  Notwithstanding any other Act, an intergovernmental agreement to which this section applies is not binding on the Government of Alberta or any Minister, Provincial agency or official of the Government of Alberta unless

                                 (a)    it is signed on behalf of the Government of Alberta by the responsible Minister, if the agreement is designated by the regulations as an agreement that is to be signed on behalf of the Government by the responsible Minister only,

                                 (b)    it is signed on behalf of the Government of Alberta by the responsible Minister in addition to any other Minister authorized by law to sign it, if the agreement is designated by the regulations as an agreement that is to be signed by the responsible Minister in addition to another Minister authorized by law to sign it, or

                                 (c)    it is approved by the responsible Minister, in any other case.

(3)  The responsible Minister may make regulations

                                 (a)    designating the classes of intergovernmental agreements that are to be signed on behalf of the Government of Alberta by the responsible Minister only;

                                 (b)    designating the classes of intergovernmental agreements that are to be signed on behalf of the Government of Alberta by the responsible Minister in addition to any other Minister authorized by law to sign them;

                                 (c)    designating the classes of intergovernmental agreements to which this section does not apply;

                                 (d)    providing that specific entities are not Provincial agencies for the purpose of this section.

(4)  When under any enactment a Minister is authorized to sign an intergovernmental agreement and the agreement is of a class designated by the regulations under subsection (3)(a) as one that is to be signed on behalf of the Government of Alberta by the responsible Minister only, the responsible Minister shall sign the agreement in place of that other Minister and with the same effect as if it were signed by that other Minister.

(5)  No intergovernmental agreement shall be entered into or signed on behalf of the Government of Alberta or by or on behalf of a Minister or Provincial agency otherwise than in accordance with this section.

(6)  When under any Act an intergovernmental agreement requires the approval or authorization of the Lieutenant Governor in Council, the approval or authorization must also be given in accordance with this section, notwithstanding anything in that Act.

RSA 2000 cG‑10 s11;2005 c28 s6

Fees

12(1)  A Minister may charge fees in connection with the provision of any service, material or program, the performance of any function or the doing of any thing

                                 (a)    by the Minister or the department administered by the Minister, or

                                 (b)    by any board, commission, council or other agency for which the Minister is responsible.

(2)  The authority to charge a fee under subsection (1) is in addition to and not in substitution for any other authority to charge a fee.

1994 cG‑8.5 s12

Grants

13(1)  A Minister may make grants if

                                 (a)    the Minister is authorized to do so by regulations under this section, and

                                 (b)    there is authority available in a supply vote for the purpose for which the grant is to be made.

(2)  The Lieutenant Governor in Council may make regulations applicable to a Minister

                                 (a)    authorizing the Minister to make grants;

                                 (b)    respecting the purposes for which grants may be made;

                                 (c)    governing applications for grants;

                                 (d)    respecting the persons or organizations or classes of persons or organizations eligible for grants;

                                 (e)    respecting the conditions required to be met by any applicant for a grant to render that person or organization eligible for the grant;

                                  (f)    empowering the Minister in particular circumstances to waive eligibility criteria prescribed under clause (d) or (e);

                                 (g)    respecting the conditions on which a grant is made and requiring the repayment of the grant to the Government if the conditions are not met;

                                 (h)    providing for the payment of a grant in a lump sum or by instalments and prescribing the time or times when the lump sum or the instalments may be paid;

                                  (i)    authorizing the Minister to make deductions from a grant and prescribing the circumstances under which the deductions may be made;

                                  (j)    limiting the amount of a grant or class of grant;

                                 (k)    authorizing the Minister to delegate in writing to any employee of the Government any power conferred or duty imposed on the Minister by this section or the regulations;

                                  (l)    requiring a person or organization receiving a grant to account for the way in which the grant is spent in whole or in part;

                                (m)    authorizing the Minister to enter into an agreement with respect to any matter relating to the payment of a grant.

(3)  A regulation made under subsection (2) may be specific or general in its application.

(4)  Notwithstanding subsection (2)(g), the Minister may impose further conditions not prescribed in the regulations on the making of a particular grant.

1994 cG‑8.5 s13

Acquisition and disposal of property

14(1)  A Minister may, for purposes approved by the Lieutenant Governor in Council, acquire any estate or interest in land and any personal property in conjunction with that land.

(2)  Land acquired under this section is under the administration of the Minister responsible for the Public Lands Act unless the Lieutenant Governor in Council, by order, directs that it is under the administration of the Minister who acquired the land or some other Minister.

(3)  A Minister may sell, lease or otherwise dispose of any estate or interest in land under the Minister’s administration and any personal property acquired by the Minister under this section.

1994 cG‑8.5 s14

Acting Ministers

Acting Ministers

15(1)  The Lieutenant Governor in Council may designate a Minister, by the Minister’s name of office or personal name, as acting Minister who may exercise the powers, duties and functions of another Minister.

(2)  A power, duty or function conferred or imposed by an Act or regulation to be exercised or performed by the holder of a portfolio that no longer exists may be exercised or performed

                                 (a)    by the Minister designated by the Lieutenant Governor in Council under subsection (1) as acting Minister for the holder of that portfolio, or

                                 (b)    by a deputy or acting deputy of the former holder of that portfolio or, if there is no such person, by a deputy or acting deputy of the acting Minister.

(3)  Subsection (2)(b) does not authorize a deputy or acting deputy to exercise any authority conferred on a Minister to make a regulation as defined in the Regulations Act.

1994 cG‑8.5 s15

Transfer of Responsibilities

Responsibility for Acts

16(1)  The Lieutenant Governor in Council may, by regulation,

                                 (a)    designate a Minister by the Minister’s personal name or name of office as the Minister responsible for an Act;

                                 (b)    transfer the responsibility for an Act to another Minister in the Minister’s personal name or name of office;

                                 (c)    transfer a power, duty or function of a Minister contained in an Act or regulation to another Minister in the Minister’s personal name or name of office.

(2)  If a Minister is transferred the responsibility for an Act under subsection (1)(b), then notwithstanding anything in that Act

                                 (a)    a reference in that Act or a regulation under it to a Minister is to be read as a reference to the Minister to whom the responsibility is transferred,

                                 (b)    a reference in that Act or a regulation under it to the deputy of a Minister is to be read as a reference to the deputy of the Minister to whom the responsibility is transferred, and

                                 (c)    a reference in that Act or a regulation under it to the department of a Minister is to be read as a reference to the department of the Minister to whom the responsibility is transferred.

(3)  If, under subsection (1)(c), a Minister is transferred the responsibility for the exercise or discharge of a power, duty or function contained in a provision of an Act or regulation, then notwithstanding anything in that provision

                                 (a)    a reference in that provision to a Minister is to be read as a reference to the Minister to whom the responsibility is transferred,

                                 (b)    a reference in that provision to the deputy of a Minister is to be read as a reference to the deputy of the Minister to whom the responsibility is transferred, and

                                 (c)    a reference in that provision to the department of a Minister is to be read as a reference to the department of the Minister to whom the responsibility is transferred.

(4)  Two or more Ministers may be given common responsibility for the same Act, and in that case any reference in the Act or a regulation under that Act to a Minister, the Minister’s deputy or the Minister’s department is to be read as a reference to any of those Ministers and their deputies and departments.

(5)  Two or more Ministers may be given common responsibility for the exercise or discharge of the same provision of an Act or regulation, and in that case any reference in the provision to a Minister, the Minister’s deputy or the Minister’s department is to be read as a reference to any of those Ministers and their deputies and departments.

(6)  If an Act identifies a Minister as the member of the Executive Council charged with the administration of the Act, that reference is to be read as a reference to the Minister designated under subsection (1) as the Minister responsible for that Act.

1994 cG‑8.5 s16

Transfer of programs, public service, etc.

17   The Lieutenant Governor in Council may, by regulation, transfer the responsibility for any program, service, function or part of the public service from one Minister to another Minister in the Minister’s personal name or name of office.

1994 cG‑8.5 s17

Transfer of appropriation

18(1)  In this section, “appropriation” means an appropriation as defined in the Financial Administration Act.

(2)  If a responsibility under section 16 or 17 is transferred to a Minister, the Lieutenant Governor in Council may, by regulation, order that all or part of an appropriation to be expended for the purpose of the transferred responsibility be expended by or through that Minister or be transferred to that Minister for administration.

1994 cG‑8.5 s18

Specific Powers, Duties and Functions

Schedule of specific powers, etc.

19   Each Schedule to this Act sets out specific powers, duties or functions to be exercised or performed by the Minister determined under section 16 as the Minister responsible for that Schedule.

1994 cG‑8.5 s19

Schedules

 

In the Schedules, “Minister” means the Minister determined under section 16 of the Act as the Minister responsible for the Schedule.

Schedule 1

Advanced Education

Definition

1   In this Schedule, “provincially administered institution” means an advanced education institution owned by the Government and operated as part of the department that the Minister administers.

Regulations

2   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‑ordination 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.

Donations and loans

3(1)  The Minister may, where the Minister is authorized to do so by a regulation made under subsection (3), acquire real or personal property by gift or bequest.

(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. 1

Schedule 2

Agriculture

Exclusive responsibility

1   That part of the administration of the Government relating to agriculture is under the responsibility of the Minister, unless administration is specifically assigned under this or another Act to some other person.

1994 cG‑8.5 Sched. 2

Schedule 3

Career Development

Immigration program

1(1)  The Minister is responsible for programs and services of the Government of Alberta relating to immigration to Alberta.

(2)   The Lieutenant Governor in Council may make regulations respecting programs and services relating to immigration to Alberta.

Donations and loans

2(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

Schedule 3.1

Community Development Matters

Appointed conservation officers

1   The Minister may appoint as conservation officers employees of the Crown who are subject to the Public Service Act.

Conservation officers by virtue of appointments to other offices

2   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.

Powers, duties, jurisdiction and functions of conservation officers

3(1)  Conservation officers have the powers, duties and functions assigned to them by law.

(2)  The Minister may in writing restrict or negate the jurisdiction relative to which a class of conservation officer referred to in section 2 is entitled to act under any law.

(3)  A conservation officer, in the exercise of the powers and the execution of the duties of a conservation officer, is a person employed for the preservation and maintenance of the public peace.

(4)  Appointments of conservation officers that were made under section 7(1) of Schedule 5 before the commencement of this section and that were still in force immediately before that time remain valid for the duration of their terms and are deemed to be appointments made under section 1.

2002 c30 s10

 

Schedule 4

Education

Exclusive responsibility

1   That part of the administration of the Government relating to education is under the responsibility of the Minister, unless responsibility is specifically assigned under this or another Act to some other person.

1994 cG‑8.5 Sched. 4

Schedule 5

Environmental Matters

Definitions

1   In this Schedule,

                                 (a)    “environment” means environment as defined in the Environmental Protection and Enhancement Act;

                                 (b)    “government agency” means

                                           (i)    a corporation that is an agent of the Government, or

                                          (ii)    a corporation, commission, board or other body whose members are appointed by an Act of the Legislature, the Lieutenant Governor in Council or a Minister of the Government, or any combination of them;

                                 (c)    “natural resources” means land, plant life, animal life, water and air.

Acquisition of land

2(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.

Declaration of state of emergency

3(1)  On the report of the Minister

                                 (a)    that circumstances exist whereby the environment in any part of Alberta has been, is being or is likely to be destroyed, damaged or polluted, and

                                 (b)    that urgent co‑ordinated action is required for the purpose of preventing, alleviating, controlling or stopping the destruction, damage or pollution,

the Lieutenant Governor in Council may by order declare that a state of emergency exists with respect to those circumstances for the purposes of this section.

(2)  When the Lieutenant Governor in Council has made an order under subsection (1), the Minister or any employee of the Minister’s Department authorized by the Minister for the purpose may

                                 (a)    require any officer or employee of the Government or a government agency to provide the officer’s or employee’s services,

                                 (b)    require any municipal corporation or any other corporation or organization to provide its services, or

                                 (c)    require any other person not exempted by the regulations to provide the person’s services,

for the purposes of preventing, alleviating, controlling or stopping the destruction, damage or pollution referred to in the order.

(3)  A person who refuses or neglects to comply with any requirement directed to the person under subsection (2) is guilty of an offence and liable to a fine of not less than $25 and not more than $300 and in default of payment to imprisonment for a term of not more than 90 days or to both fine and imprisonment.

(4)  The Lieutenant Governor in Council may make regulations

                                 (a)    exempting any persons or classes of persons from the operation of subsection (2)(c);

                                 (b)    prescribing rates of pay or remuneration to be paid to persons who provide services pursuant to subsection (2);

                                 (c)    prescribing the rates of remuneration to be paid to persons who furnish or permit the use of equipment pursuant to subsection (2).