Alberta government gives itself sweeping new powers to create new laws without Legislative Assembly approval

Under the existing emergency legislation section 51.1(2), the Albertan Government could all ready suspend and modify legislation without the legislature.

51.1 (2) On the making of an order under subsection (1) and for up to 60 days following the lapsing of that order, a person referred to in subsection (3) may by order, without consultation, suspend or modify the application or operation of all or part of an enactment subject to the terms and conditions that person may prescribe if the person is satisfied that its application or operation is not in the public interest.

The new law adds a second clause to section 51.1 (2)

(b) specify or set out provisions that apply in addition to, or instead of, any provision of an enactment,

Which seems to make existing powers more explicitly defined. Also, another interesting caveat is that the Public Health Act doesn't grant the government additional spending powers under section 51.1 subsection 2.2

(2.2) An order made under subsection (2) may not

(a) impose or increase any tax or impost,

(b) appropriate any part of the public revenue or any tax or impost, or

I agree that this law could make it more difficult to keep the government accountable but the powers they have now aren't substantially different derived from existing laws.

This article goes gives a much better overview of the changes. The original article I posted is admittedly sparse on the details and may paint a false picture.

https://ablawg.ca/2020/04/06/covid-19-and-retroactive-law-making-in-the-public-health-emergency-powers-amendment-act-alberta/

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