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https://www.cbc.ca/news/canada/edmon...-act-1.6668175

Alberta sovereignty act would give cabinet unilateral powers to change laws

Alberta Premier Danielle Smith's signature legislation would grant her cabinet new powers to bypass the legislative assembly and unilaterally amend provincial laws.

The measure is described in Bill 1, the Alberta Sovereignty within a United Canada Act, introduced Tuesday in the provincial legislature.

On Sept. 6, the Smith campaign released an overview of how the act would work. However, it did not mention the wider scope of powers granted to cabinet.

Under existing rules, cabinet has the power to make and change regulations through orders in council. Giving the power to unilaterally change legislation is normally allowed during emergency situations.

In April 2020, the Kenney government gave itself that power under Bill 10, the Public Health Emergency Powers Amendment Act, to keep public services operating in the early months of the COVID-19 pandemic

Smith has directed her cabinet ministers to look for federal "intrusions" into provincial jurisdiction, past and future, and create special resolutions that will be introduced and debated in the spring 2023 legislative session.

MLAs would be given a free vote on the motions, which will describe the alleged infraction and how it hurts Alberta. Once passed, the resolutions become non-binding recommendations to cabinet.

The legislation would allow cabinet to direct provincial entities, including municipalities, municipal police forces, post-secondary institutions, school districts and regional health authorities not to enforce federal laws. Cabinet could also direct a minister to issue an order or directive.

The bill is silent on what happens if any organization refuses to follow cabinet's directives and continues to follow federal law.

The bill also aims to protect the government and provincial entities from civil proceedings launched due to consequences that arise from the act.