12ProvincialBudget

Financial Statutes Amendment Act, 2025 (No. 2) ($)*

Chamber

alberta

Stage

Introduced

This Alberta bill makes technical and substantive changes to over a dozen provincial financial, tax, social assistance, and governance laws.

Key Changes

  • Creates a new 'Data Centre Levy' on large data centres (75 MW+ electricity capacity) in Alberta, based on the value and age of their computing equipment and how much grid electricity they use, with a corresponding corporate tax credit.
  • Restructures the AISH program into two streams: one for people whose disability permanently prevents employment, and a new 'Alberta Disability Assistance Program' for those whose disability substantially impedes employment; former AISH clients are automatically transitioned to the new stream with no right to appeal the transition.
  • Expands the Public Trustee's authority to make financial decisions for adults assessed as lacking financial capacity, and allows health care providers to conduct such assessments in certain situations.
  • Grants AIMCo (Alberta Investment Management Corporation) and the Alberta Crown full immunity from lawsuits by pension fund clients for any losses or actions that occurred before November 7, 2024.
  • Doubles the annual Heroes' Compensation Act payment cap from $1.5 million to $3 million per fiscal year.
  • Updates Alberta's general anti-avoidance tax rule (GAAR) to align more closely with federal changes, including new rules about 'economic substance' of transactions and expanded definitions of tax benefits.

Gotchas

  • Former AISH clients are automatically moved to the new Alberta Disability Assistance Program with no right to appeal the transition itself, and the bill explicitly states their new benefit amount 'may be less' than what they previously received.
  • The AIMCo immunity clause retroactively eliminates the right of pension fund clients to sue AIMCo or the Crown for investment losses or mismanagement that occurred before November 7, 2024, which is an unusually broad retroactive legal protection.
  • The data centre levy includes a formula that rewards operators who use less grid electricity (e.g., through self-generation or new power agreements), potentially incentivizing certain energy arrangements.
  • Data centres on First Nations reserves and specific named Indigenous lands are explicitly exempt from the data centre levy.
  • The bill includes 'deficiency regulations' for the data centre levy that automatically expire after 2 years, giving the government temporary flexibility to fix problems in the new levy system without going back to the legislature.
  • The anti-avoidance tax rule changes (GAAR) are partially retroactive, with some provisions deemed to have come into force on June 20, 2024, and others applying to transactions from January 1, 2024 onward.

Who's Affected

  • Albertans receiving AISH benefits, who are automatically moved to the new Alberta Disability Assistance Program
  • Large data centre and co-location facility operators in Alberta (new levy applies)
  • Public sector pension plan members and retirees
  • Vulnerable adults whose finances may be managed by the Public Trustee
  • AIMCo clients (pension funds and their beneficiaries) who lose the right to sue for pre-November 2024 losses
  • Heroes' Compensation Act recipients (first responders and others)
  • Tobacco sellers and those possessing untaxed tobacco products
  • Securities market participants and issuers in Alberta
  • Indigenous communities and First Nations (data centre levy exemptions apply on reserves)

Summary

Bill 12 is an omnibus (multi-subject) bill from Alberta's Treasury Board and Finance Minister that amends many different provincial laws at once. It covers a wide range of topics including: creating a new tax on large data centres, updating rules for the AISH (Assured Income for the Severely Handicapped) program and renaming part of it, expanding powers of the Public Trustee to manage finances for vulnerable adults, updating pension plan rules, doubling the Heroes' Compensation Act payment cap, granting legal immunity to AIMCo (Alberta's investment manager) and the Crown for past investment losses, and making various technical corrections to other financial statutes. The bill affects disabled Albertans receiving income support, data centre operators, pension plan members, Indigenous communities, people under the care of the Public Trustee, securities market participants, tobacco sellers, and public sector workers. It also introduces a new levy (tax) on large data centres based on their electricity use and computing equipment value, with a corresponding tax credit available to corporations that pay the levy. The bill was introduced to modernize and update Alberta's financial laws, align terminology, fix errors, and introduce new policy measures such as the data centre levy and expanded disability assistance programs.

Automatically generated from bill text using Claude

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Recorded Votes

DateDescriptionYeasNaysResult
Dec 9, 2025On the motion that the following Bill be now read a Third time: Bill 12 Financial Statutes Amendment Act,No. 2\$\Hon. Mr. Horner A debate followed. 124333Carried
Dec 3, 2025the motion that the following Bill be now read a Second time: Bill 12 Financial Statutes Amendment Act,No. 2\$\Hon. Mr. Horner A debate followed.1643Negatived