Justice Statutes Amendment Act, 2023

Summary#

• This bill makes a set of changes to Alberta’s justice and ethics laws. Its goals are to update conflict-of-interest rules for elected officials, add capacity to the courts, and clarify how estates are managed after someone dies.

• It also pauses ethics investigations during provincial elections and updates some justice system terms.

• Key changes:

  • Updates gift and event-ticket rules for Members of the Legislative Assembly (MLAs) and lets the government set dollar limits by regulation instead of hard-coding them in law.
  • Pauses Ethics Commissioner investigations during a provincial election and delays public release of related reports until after the election period.
  • Adds 6 judges to the Court of King’s Bench (from 74 to 80).
  • Clarifies estate executor (personal representative) duties, including prudent investing and the ability to hire and supervise agents; applies retroactively to February 1, 2023.
  • Lets certain justices of the peace serve up to 7 one‑year terms from January 1, 2024 to December 31, 2025 (up from 5).
  • Replaces the term “summary trial” with “streamlined trial.”
  • Clarifies who counts as an “incapacitated person” under the Trustee Act (must be unable to make financial decisions due to mental disability and have an attorney under a power of attorney); applies retroactively to February 1, 2023.

What it means for you#

• Voters and residents

  • Ethics investigations of MLAs will not start or release reports during an election. Information could be delayed until after voting.
  • Adding 6 more King’s Bench judges may help reduce court wait times.

• MLAs and senior officials

  • Gift and event-ticket rules will shift to amounts and conditions set by regulation. Conference fee waivers and paid travel can be accepted if they follow new rules.
  • The threshold for disclosing gifts changes from a fixed dollar figure to an amount set by regulation.
  • Ethics investigations and reports are paused during an election. Some investigations that were paused will continue only if requested within 30 days after the election period ends or if the Ethics Commissioner decides to continue.

• Families and estate executors

  • Executors have clearer duties: invest estate property carefully for a reasonable return while avoiding undue risk, and you may hire and supervise agents (including for investing).
  • Unless a will says otherwise, a gift of property includes the income from that property.
  • These estate changes apply back to February 1, 2023, which may affect estates handled since then.

• People going to court

  • More judges could mean faster scheduling in some cases.
  • “Streamlined trial” replaces “summary trial” in the Jury Act; this is a wording update and should not change your basic rights.

• Justices of the peace (JPs)

  • From 2024 through 2025, ad hoc JPs can be approved for up to 7 one‑year terms (instead of 5), which may help courts cover shifts.

• People with powers of attorney

  • The law clarifies that someone is “incapacitated” for these rules only if they cannot make financial decisions because of mental disability and have an attorney under the Powers of Attorney Act.

Expenses#

Estimated annual cost: No publicly available information.

• Adding 6 judges likely increases court system operating needs (courtrooms, staff support, and related services).
• The other changes mainly update rules and definitions and are not expected to have large new costs.

Proponents' View#

• Pausing ethics probes during elections helps keep campaigns focused on issues and avoids unfair influence from incomplete investigations.
• Moving gift and ticket limits to regulation lets the government update amounts and conditions more quickly as norms change.
• More King’s Bench judges should help reduce backlogs and speed up cases.
• Clearer estate rules reduce confusion for families and executors, support prudent investing, and allow hiring experts when needed.
• Allowing extra one‑year terms for justices of the peace helps cover staffing needs and maintain service in busy periods.

Opponents' View#

• Pausing and possibly ending ethics investigations after an election (if no one asks to continue) could weaken accountability or delay important information for voters.
• Shifting gift limits and disclosure thresholds to regulation may lower transparency if limits are raised without full debate.
• New rules for tickets and travel could allow more perks for MLAs if the regulations are not strict.
• Adding judges without matching resources (court staff, space) might not be enough to cut delays.
• Retroactive estate changes could surprise some families or advisors if they relied on earlier wording.