Alberta Premier Danielle Smith makes a speech following her Brooks-Medicine Hat byelection victory on Nov. 8, 2022. (CHAT News File Photo)

By Justin Goulet/LethbridgeNewsNOW

Province tables Sovereignty Act as fall legislature session begins

Nov 29, 2022 | 4:15 PM

EDMONTON– A much-talked-about piece of legislation has been tabled in Alberta.

Premier Danielle Smith said in a news release, “The Alberta Sovereignty Within a United Canada Act [Sovereignty Act] will be used as a constitutional shield to protect Albertans from federal overreach that is costing Alberta’s economy billions of dollars each year in lost investment and is costing Alberta families untold jobs and opportunities.”

She stated, “The Canadian Constitution is clear that the federal and provincial governments are equals, each with our own areas of exclusive jurisdiction.”

The process of enacting the act would start with a motion in the legislature that identifies a federal program or piece of legislation and states that it is either unconstitutional or causes harm to Albertans. The motion would include a proposal of a response to the identified federal program or legislation.

If a majority of MLAs vote in favour of that motion, cabinet will decide on what next steps to take.

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The province noted that when it comes to next steps, cabinet can use its pre-existing powers and authorities to implement the recommendations of the legislative assembly.

The act also grants additional powers to government. Firstly, cabinet, together with the minister responsible for an Act or a regulation, can by order, amend that act or regulation.

This power would allow cabinet to direct specific amendments to regulations that have been made through a ministerial order, as well as changing legislation by order in council.

In this context, amending means pausing or changing how a law applies or operates and can mean setting out rules that apply in addition to or instead of an existing rule in an act or regulation.

Secondly, cabinet can direct a minister to exercise any power, duty, or function that they have.

Cabinet can issue directives or instructions to a provincial entity and to the Crown.

A provincial entity is defined as a public agency, a Crown-controlled organization, an entity that carries out a power, duty, or function under an Act or regulation, an entity that receives public funds for providing a public service, a regional health authority, a public post-secondary institution, a school board, a municipality, and a regional or municipal police service. The province noted that similar provincially regulated entities can be added to regulation.

The act does not allow cabinet to issue directives to private individuals or corporations.

The additional powers will end at the earlier of two dates, either two years after the resolution has passed in the legislative assembly, or when the resolution is rescinded.

Cabinet does have the power to extend any order or directive made under the Sovereignty Act for an added two years from the date when it would otherwise expire. This means that the maximum time an order under the Act can last is four years.

The motion can only be brought forward by a member of cabinet, which can be any minister, including the premier. The act could be used to dispute any federal activity, such as a law, a policy program etc. It also includes items that are proposed or anticipated but are not yet in place.

Minister of Justice Tyler Shandro said, “It is time to draw a line in the sand, as Albertans rightfully expect the federal government to respect the federal-provincial division of power.”

The province noted that the legislation does not involve anything related to separation from Canada.

Smith has tasked ministers with preparing special resolutions under the proposed Act for the spring session of the legislature that would help to push back on several federal laws and policies, including Bill C-69, which the province says would regulate and control Alberta’s natural resources and economic development.