Financial Statutes Amendment Act, 2025 (No. 2) (Unproclaimed Sections Only)

FINANCIAL STATUTES AMENDMENT ACT, 2025 (NO. 2) Chapter 20 HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Assured Income for the Severely Handicapped Act Amends SA 2006 cA‑45.1 6 (1) The Assured Income for the Severely Handicapped Act is amended by this section. (2) Section 1 is repealed and the following is substituted: Definitions 1 In this Act, (a) “applicant” means a person who makes an application for a benefit under section 4; (b) “benefit” means a benefit provided under section 3, 3.02 or 3.04; (c) “client” means a recipient of a benefit; (d) “cohabiting partner” means a cohabiting partner as defined in the regulations; (e) “dependent child” means a dependent child as defined in the regulations; (f) “director” means a person designated as a director under section 1.1; (g) “eligible person” means a person eligible under section 3.2 to receive a benefit; (h) “facility” means a facility as defined in the regulations; (i) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (j) “severe disability that permanently prevents employment” means a severe disability that permanently prevents employment as defined in the regulations; (k) “severe disability that substantially impedes employment” means a severe disability that substantially impedes employment as defined in the regulations. (3) The following is added after section 1: Director 1.1 (1) The Minister may designate an employee of the department administered by the Minister as a director for the purposes of this Act and the regulations. (2) If the Minister designates more than one director, the Minister must determine the responsibilities of each director. (4) Section 2 is repealed and the following is substituted: Delegation by director 2 A director may delegate a power, duty or function conferred or imposed on a director under this Act, including the power to subdelegate, to any person. (5) Section 3 is repealed and the following is substituted: Assured income for the severely handicapped program benefits 3 A director may provide, in accordance with section 3.01 and the regulations, benefits under the assured income for the severely handicapped program in the form of (a) a living allowance benefit or modified living allowance benefit, and (b) one or more of the following benefits: (i) a child benefit; (ii) a personal benefit; (iii) a health benefit. Provision of assured income for the severely handicapped program benefits 3.01 (1) A living allowance benefit may be provided under section 3 to an eligible person who has a severe disability that permanently prevents employment. (2) A modified living allowance benefit may be provided under section 3 to an eligible person who has a severe disability that permanently prevents employment and who resides in a facility. (3) A child benefit or personal benefit may be provided under section 3 to an eligible person who has a severe disability that permanently prevents employment and who is eligible to receive a living allowance benefit or modified living allowance benefit. (4) Subject to the regulations, a health benefit may be provided under section 3 to (a) an eligible person who has a severe disability that permanently prevents employment and who is eligible to receive a living allowance benefit or modified living allowance benefit, or (b) the eligible person’s cohabiting partner or dependent child. Alberta disability assistance program benefits 3.02 A director may provide, in accordance with section 3.03 and the regulations, benefits under the Alberta disability assistance program in the form of (a) a living allowance benefit or modified living allowance benefit, and (b) one or more of the following benefits: (i) a child benefit; (ii) an employment support; (iii) a personal benefit; (iv) a health benefit. Provision of Alberta disability assistance program benefits 3.03 (1) A living allowance benefit may be provided under section 3.02 to an eligible person who has a severe disability that substantially impedes employment. (2) A modified living allowance benefit may be provided under section 3.02 to an eligible person who has a severe disability that substantially impedes employment and who resides in a facility. (3) A child benefit, employment support or personal benefit may be provided under section 3.02 to an eligible person who has a severe disability that substantially impedes employment and who is eligible to receive a living allowance benefit or modified living allowance benefit. (4) Subject to the regulations, a health benefit may be provided under section 3.02 to (a) an eligible person who has a severe disability that substantially impedes employment and who is eligible to receive a living allowance benefit or modified living allowance benefit, or (b) the eligible person’s cohabiting partner or dependent child. Alberta disability assistance program enduring health benefits 3.04 A director may provide, in accordance with the regulations, a health benefit to an eligible person, or to the eligible person’s cohabiting partner or dependent child, if the eligible person (a) was formerly eligible for and received benefits under section 3.02, and (b) has ceased to be eligible to receive those benefits because the income, as determined in accordance with the regulations, of the eligible person and the eligible person’s cohabiting partner is equal to or greater than the total of (i) the maximum amount of the living allowance benefit or, if applicable, modified living allowance benefit provided under section 3.02 to the eligible person, (ii) the maximum amount of any child benefit provided under section 3.02 to the eligible person, and (iii) the maximum amounts of any personal benefits provided under section 3.02 to the eligible person and included when determining eligibility in accordance with the regulations. (6) Section 3.1 is repealed and the following is substituted: Amount of benefit 3.1 (1) The amount of a benefit is the amount set out or determined in accordance with the regulations. (2) The amount of a benefit may be adjusted in accordance with the regulations. (7) Section 3.2 is repealed and the following is substituted: Eligibility for benefit 3.2 A person is eligible to receive a benefit if the person has been determined in accordance with this Act and the regulations to be eligible to receive the benefit. (8) Section 4 is repealed and the following is substituted: Application for benefit 4 In order to enable a director to determine whether a person is eligible to receive a benefit, the person must make an application to a director in accordance with the regulations. (9) Section 5 is repealed and the following is substituted: Review of benefit eligibility 5 (1) An applicant or client and the applicant’s or client’s cohabiting partner must provide, as required by a director, the information the director considers necessary to determine whether the applicant or client is eligible, or continues to be eligible, to receive a benefit. (2) Without limiting the generality of subsection (1), an applicant or client must provide the information about the applicant’s or client’s physical, mental or psychological condition and undergo the physical, mental, psychological or other relevant examinations that a director considers necessary to determine whether the applicant or client has a severe disability that permanently prevents employment or a severe disability that substantially impedes employment. (3) An applicant or client must notify a director of the following: (a) a change in the applicant’s or client’s severe disability that permanently prevents employment or severe disability that substantially impedes employment; (b) a change in the income of (i) the applicant or client, or (ii) the applicant’s or client’s cohabiting partner; (c) a change in the assets of (i) the applicant or client, or (ii) the applicant’s or client’s cohabiting partner; (d) other matters specified in the regulations. (4) A director may, in accordance with the regulations, refuse, suspend, vary or discontinue the provision of a benefit. (10) Section 6 is repealed and the following is substituted: Third parties 6 Subject to the regulations, a director may pay a third party from a client’s benefit, with the client’s consent, for goods or services provided to the client. Financial administrators 6.1 (1) A director may, in accordance with the regulations, appoint a financial administrator to administer all or part of a client’s benefit, with or without the client’s consent. (2) A financial administrator must administer a client’s benefit in accordance with the regulations. Underpayments 6.2 Where a director determines that a client was underpaid a benefit, the director may address the underpayment in accordance with the regulations. (11) Section 7 is repealed and the following is substituted: Requirement to repay 7 (1) Subject to subsection (4) and the regulations, a client must repay the amount or value of a benefit received under this Act if, in a director’s opinion, (a) a benefit has been used for a purpose other than that for which it was provided, or (b) the client received a benefit for which the client was ineligible. (2) A director may require a third party or financial administrator to repay the amount or value of a benefit received under section 6 or 6.1 if, in the director’s opinion, (a) a benefit received by the third party or financial administrator under section 6 or 6.1 has been used for a purpose other than that for which it was provided, or (b) the client received a benefit for which the client was ineligible due to the non‑disclosure of a material fact or provision of false information by the third party or financial administrator. (3) A director must provide written notice of the following to a person required to repay an amount or value of a benefit under subsection (1) or (2): (a) the amount or value to be repaid; (b) an amount or value the director is exempting the person from repaying under subsection (4); (c) the right to appeal under section 10.1. (4) If a director determines that it is appropriate, the director may exempt a person from the requirement to repay an amount or value of a benefit unless (a) the amount or value is a debt due under section 9(1), or (b) the person, in the director’s opinion, received the benefit by wilful misrepresentation or fraud. (12) Section 8 is repealed. (13) Section 9 is repealed and the following is substituted: Debt due 9 (1) Subject to subsection (2), the amount or value of a benefit repayable under section 7 is a debt due to the Government when (a) the person required to repay the amount or value has agreed in writing to repay it, (b) the period referred to in section 10.1(1)(b) has expired without the person appealing the director’s decision to require the repayment, (c) 30 days have elapsed from the day the person abandons an appeal of the director’s decision to require the repayment, or (d) the person receives a decision of an appeal panel under section 10.1(2) that confirms or varies the director’s decision to require the repayment. (2) If the Minister extends the time for appeal under section 10.1(3) with respect to an amount or value that has become a debt due under subsection (1)(b), the amount or value ceases to be a debt due under subsection (1)(b) but remains an amount or value repayable under section 7. (3) For the purposes of subsection (1)(c), the day the person abandons the appeal is to be determined by the appeal panel to which the appeal was made under section 10.1(1)(b). (4) A director may take any of the following actions the director considers necessary to collect a debt due under subsection (1) or any other debt due to the Government: (a) entering into a repayment agreement with the person who owes the debt; (b) deducting the amount owing from a future benefit payable to the client in an amount determined in accordance with the regulations until the amount owing has been paid; (c) filing with the clerk of the Court of King’s Bench at any judicial centre a certificate of the Minister certifying the amount owing; (d) bringing an action in debt. (5) A certificate filed under subsection (4)(c) becomes an order of the Court of King’s Bench and may be enforced as a judgment of that court. (14) Section 10 is repealed and the following is substituted: Appeal panels 10 (1) The Minister may establish appeal panels to hear appeals under this Act. (2) In establishing an appeal panel, the Minister may (a) appoint or provide for the manner of the appointment of its members, (b) prescribe the terms of office of its members, (c) designate a chair and one or more vice‑chairs, (d) authorize, fix or provide for the payment of remuneration and expenses to its members, (e) specify the types of decisions respecting which the appeal panel may hear appeals, and (f) determine the quorum of the appeal panel to hear an appeal. (3) The quorum to hear an appeal is 3 members, unless otherwise determined by the Minister under subsection (2)(f). (4) Notwithstanding subsection (3), one member may (a) hear an appeal in emergency circumstances provided for in the regulations, or (b) determine procedural matters related to an appeal. (5) A member of an appeal panel may be reappointed. (6) Where an appeal panel member’s term of office expires, the member continues to hold office until the member is reappointed, a successor is appointed or 3 months have elapsed, whichever occurs first. Appeals 10.1 (1) A person affected by a decision of a director, or a person on the affected person’s behalf, may appeal that decision if (a) the decision is not exempt from appeal under the regulations, and (b) the appeal is made in writing to an appeal panel within 30 days after the date on which the person receives notice of the decision. (2) An appeal panel may, subject to this Act and the regulations, confirm, reverse or vary the decision of a director under appeal, and the decision of the appeal panel is final. (3) The Minister may extend the time for appeal under subsection (1)(b) if the Minister is satisfied that there are apparent grounds of appeal and a reasonable explanation for the delay. (15) Section 11 is repealed and the following is substituted: Offences 11 (1) A person required to provide information under this Act is guilty of an offence and liable to a fine of not more than $1000 and, if ordered by a judge, to repayment of the amount or value of the benefit received if the person knowingly (a) gives false information, (b) conceals information, or (c) omits to provide information. (2) A third party or financial administrator is guilty of an offence and liable to a fine of not more than $5000 if the third party or financial administrator (a) receives a benefit knowing that the client was ineligible to receive it, or (b) wilfully misuses a benefit provided to a client. (16) Section 12 is repealed and the following is substituted: Lieutenant Governor in Council regulations 12 The Lieutenant Governor in Council may make regulations (a) respecting living allowance benefits, modified living allowance benefits, child benefits, employment supports, personal benefits and health benefits, including regulations (i) setting out the amounts of benefits and the manner in which the amounts of benefits are to be determined, including regulations authorizing the Minister to determine the amounts of personal benefits, (ii) authorizing the Minister (A) to determine types of employment supports, (B) to determine types and approve the provision of personal benefits, and (C) to determine types and approve the provision of health benefits, (iii) respecting deductions from benefits, (iv) respecting the start date for the provision of benefits, (v) respecting the retroactive provision of benefits, and (vi) respecting the frequency with which benefits may be provided, including regulations authorizing the Minister to determine the frequency with which employment supports and personal benefits may be provided; (b) respecting adjustments to the amounts of benefits, including regulations (i) setting out the amounts of the adjustments and the manner in which the amounts of the adjustments are to be determined, and (ii) respecting the timing of the adjustments; (c) respecting eligibility to receive benefits, including regulations (i) setting out eligibility criteria, (ii) respecting the determination of eligibility, (iii) respecting the establishment of panels for the purpose of determining eligibility and authorizing panels to determine eligibility, and (iv) authorizing the Minister and directors to exempt persons from eligibility requirements; (d) respecting the determination of the income of applicants, clients and their cohabiting partners for the purposes of determining the amounts of benefits and eligibility to receive benefits, including regulations (i) respecting the prorating of income, (ii) exempting income from a determination of income and authorizing the Minister and directors to exempt income from the determination of income, and (iii) respecting adjustments to income that are to be deducted from a determination of income, including regulations (A) setting out the amounts of the adjustments and the manner in which the amounts of the adjustments are to be determined, and (B) respecting the timing of the adjustments, and (iv) authorizing the Minister to make orders respecting the amounts, manner of determination, prorating, adjustments and exemption of employment income and self‑employment income; (e) respecting the determination of the assets of applicants and clients and their cohabiting partners and the value of those assets for the purpose of determining eligibility to receive benefits, including regulations exempting assets from a determination of assets and authorizing the Minister and directors to exempt assets from a determination of assets; (f) specifying other matters for the purposes of section 5(3)(d); (g) respecting the circumstances in which directors may provide benefits and refuse, suspend, vary and discontinue the provision of benefits; (h) respecting the payment to third parties of all or part of a client’s benefit for the purposes of section 6; (i) respecting the administration of benefits by financial administrators for the purposes of section 6.1, including regulations authorizing the Minister to determine the process and criteria by which directors may appoint financial administrators without consent; (j) respecting underpayments for the purposes of section 6.2; (k) respecting repayments for the purposes of section 7, including regulations respecting the circumstances in which directors do not have to or must not require repayment; (l) respecting debts due for the purposes of section 9, including regulations respecting the collection of debts due; (m) respecting notices of decisions made by directors; (n) defining any word or phrase used in this Act but not defined in this Act, including any word or phrase required by this Act to be defined in the regulations; (o) respecting other matters that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. Ministerial regulations 12.1 The Minister may make regulations (a) respecting applications for benefits; (b) respecting appeals and appeal panels, including regulations respecting (i) the decisions of directors that are exempt from appeal, and (ii) emergency circumstances in which appeals may be heard by one member of an appeal panel; (c) respecting the collection, use and disclosure of information for the purposes of administering this Act. Transitional — definitions 12.2 In sections 12.3 to 12.8, (a) “former Act” means this Act as it read immediately before the coming into force of this section; (b) “former regulations” means (i) the Applications and Appeals (Ministerial) Regulation (AR 89/2007) as it read immediately before the coming into force of this section, and (ii) the Assured Income for the Severely Handicapped General Regulation (AR 91/2007) as it read immediately before the coming into force of this section; (c) “formerly eligible client” means (i) a person who, immediately before the coming into force of this section, was receiving a benefit under section 3 of the former Act, or (ii) a person referred to in section 12.4(2) or 12.5(4) who was eligible to receive a benefit under section 3 of the former Act. Transitional — regulations 12.3 (1) The Lieutenant Governor in Council may make regulations (a) respecting the transition to this Act of anything provided for under the former Act and former regulations; (b) remedying any confusion, difficulty, inconsistency or impossibility resulting from the transition to this Act from the former Act and former regulations. (2) A regulation made under subsection (1) is repealed 5 years after the regulation comes into force or on the date specified in the regulation, whichever is earlier. (3) The repeal of a regulation under subsection (2) does not affect anything done, incurred or acquired under the authority of the regulation before the repeal of the regulation. (4) A regulation made under subsection (1) that is in force on or after the repeal of this section remains in force until it is repealed in accordance with subsection (2). (5) A regulation may not be made under subsection (1) extending the 5‑year period set out in subsection (2). (6) This section is repealed 5 years after this section comes into force, but the repeal does not affect anything done, incurred or acquired under the authority of a regulation made under subsection (1) before the repeal of this section. Transitional — applications 12.4 (1) If a person made an application to a director under section 4 of the former Act with respect to a benefit under section 3 of the former Act but the director did not determine whether the person was eligible to receive the benefit before the coming into force of this section, the director must determine the person’s eligibility for the benefit in accordance with the former Act. (2) If the director determines, on or after the coming into force of this section, that the person was eligible to receive a benefit under section 3 of the former Act, the benefit must be paid to the person in accordance with the former Act only for the period beginning on the commencement date, as defined in section 2.1(1) of the Assured Income for the Severely Handicapped General Regulation (AR 91/2007) as it read immediately before the coming into force of this section, and ending on the day immediately before the date on which this section comes into force. Transitional — appeals 12.5 (1) If a person appealed a director’s determination that the person was not eligible to receive a benefit under section 3 of the former Act and the appeal was not decided before the coming into force of this section, the appeal continues and must be dealt with in accordance with the former Act. (2) If a director determines under section 12.4(1) that a person was not eligible to receive a benefit under section 3 of the former Act, an appeal of that determination must be dealt with in accordance with the former Act. (3) For the purposes of subsections (1) and (2), (a) the powers, duties and functions of an appeal panel under the former Act are vested in and may be carried out by an appeal panel under this Act, and (b) any reference to an appeal panel in the former Act is deemed to be a reference to an appeal panel under this Act. (4) If an appeal panel decides with respect to an appeal under subsection (1) or (2) that the person was eligible to receive a benefit under section 3 of the former Act, the benefit must be paid to the person in accordance with the former Act only for the period beginning on the commencement date, as defined in section 2.1(1) of the Assured Income for the Severely Handicapped General Regulation (AR 91/2007) as it read immediately before the coming into force of this section, and ending on the day immediately before the date on which this section comes into force. Transitional — transition to Alberta disability assistance program 12.6 (1) On the coming into force of this section, a formerly eligible client is deemed to be (a) a client under this Act, and (b) eligible to receive a benefit under section 3.02 of this Act that is of the same type as the benefit the formerly eligible client received or was eligible to receive under section 3 of the former Act. (2) The amount or value of a benefit that a formerly eligible client is entitled to receive under section 3.02 of this Act may be less than the amount or value of the same type of benefit the formerly eligible client received or was eligible to receive under section 3 of the former Act. (3) For greater certainty, a formerly eligible client is not eligible to receive a benefit under section 3 of this Act unless the formerly eligible client is determined in accordance with this Act and the regulations to be eligible to receive a benefit under section 3 of this Act. Transitional — third parties and financial administrators 12.7 (1) If, immediately before the coming into force of this section, a director was paying to a third party all or part of a benefit that a formerly eligible client received under section 3 of the former Act, the director may continue to pay to the third party all or part of a benefit the client is eligible to receive under this Act. (2) If a director continues to pay to a third party all or part of a benefit under subsection (1), the director must do so in accordance with section 6 of this Act. (3) If, immediately before the coming into force of this section, a financial administrator appointed by a director was administering all or part of a benefit that a formerly eligible client received under section 3 of the former Act, the financial administrator may continue to administer all or part of a benefit the client is eligible to receive under this Act. (4) If a financial administrator continues to administer all or part of a benefit under subsection (3), the financial administrator must do so in accordance with section 6.1 of this Act. Transitional — no right of appeal 12.8 For greater certainty, a formerly eligible client has no right of appeal with respect to the formerly eligible client’s transition under section 12.6 to the Alberta disability assistance program. (17) Schedule 1 is repealed. (18) This section comes into force on Proclamation.