Bill 21 - Reducing Red Tape
New legislation intended to cut down regulatory burdens, i.e., “red tape”, was introduced at the Alberta legislature last week. Bill 21, the Red Tape Reduction Statutes Amendment Act was tabled on April 18th. Bill 21 proposes changes to 15 laws across 9 government ministries, including, Agriculture, Forestry, and Rural Economic Development, Children’s Services, Education, Environment and Parks, and Municipal Affairs.
Notably, Bill 21 sees a reduction of financial data collected from private schools, including tuition amounts. Tanya Fir, Associate Minister of Red Tape Reduction, suggested that this collection is unnecessary as tuition is private funds. In other words, the collection of tuition data does not support public dollar oversight. Fir explained:
“The focus of this bill is increasing accountability on the reporting of how we’re using public funds and public dollars.”
NDP Education critic, Sarah Hoffman, spoke out against Bill 21’s proposed Education Act changes. Hoffman stated that all Albertans help fund schools, and that:
“What we have here is an act to cover up how much money taxpayers are forced to subsidize wealthy private schools. This bill is the opposite of transparency. It’s a deliberate concealing of information from Alberta families and taxpayers about how their money is being spent”
Minister LaGrange clarified that if Bill 21 is passed, reporting of private sources of revenue, including tuition, would continue as part of audited financial statements. Further, that new regulations will compel private schools to post these financial statements publicly. What would no longer be required is submission of a specific and ‘overly prescriptive’ tuition and fee schedule.
Fir confirmed that financial management issues with a small proportion of school and operators have been flagged. To further increase accountability, the government aims create new regulations which require reporting to parents of things like board policies, staff salaries, and spending.
Bill 21 also contains notable amendments to the Municipal Government Act (“MGA”). One amendment enables small businesses, such as food trucks, to operate in multiple municipalities via intermunicipal business licenses. This change would support economic development by making it easier for mobile businesses to operate across the province. It reduces the costs and administration involved in applying for licenses in each municipality.
Another MGA amendment would provide the Minister of Municipal Affairs with new tools after a viability review. If a Minister’s order in response to a viability review is not carried out by a municipality to the Minister’s satisfaction, the Minister has current authority to dismiss the council, any council member, or the CAO. Bill 21 allows the Minister to take alternative actions, including, to suspend council’s authority to make bylaws, to withhold money payable to the municipality pending order compliance, or to prohibit any action necessary to ensure compliance.
Proposed amendments to the Rural Utilities Act increase options for rural utility associations. Under current legislation, 5 or more persons who desire to become a cooperative association with the principal object of supplying electricity, natural gas, water, or sewage disposal, may apply to be incorporated under the Act. Bill 21 would allow cooperative associations with any secondary object permitted under the regulations to also apply. Moreover, Bill 21 allows rural electrification associations to purchase other rural electrification associations (subject to the regulations). Present legislation only allows for sale to a utility company, municipality, or Metis settlement.
Several other Acts are affected by Bill 21, including:
Residential Tenancies Act: To allow landlords to return security deposits and associated documents to tenants by any manner agreed to in writing by the landlord and tenant, e.g., electronically.
Animal Health Act: To remove the time constraint of 24 hours for reporting notifiable and reportable animal diseases, preventing duplication with the Reportable and Notifiable Diseases Regulation.
Child, Youth and Family Enhancement Act: To clarify the right of foster parents to appeal the government’s decision to cancel or modify the terms of a residential facility license.
Pharmacy and Drug Act: To move oversight of some pharmacy operations to the Alberta College of Pharmacy (“ACP”).
Provincial Parks Act and Public Lands Act: To move away from one-size-fits-all approach by allowing the development of locally specific rules.
Local Authorities Election Act: To redact addresses and contact information from candidate disclosure statements for municipal and school board candidates.