Alberta Regulation 11/2014

Marketing of Agricultural Products

ALBERTA BARLEY COMMISSION AUTHORIZATION

AMENDMENT REGULATION

Filed: January 17, 2014

For information only: Made by the Alberta Agricultural Products Marketing Council

on September 13, 2013 and approved by the Minister of Agriculture and Rural

Development on January 8, 2014 pursuant to

section 26 of the Marketing of

Agricultural Products Act.

1 The Alberta Barley Commission Authorization

Regulation (AR 122/99) is amended by this Regulation.

Section 2(

e) is repealed and the following is substituted:

(

e) respecting the circumstances, if any, under which a service

charge may be refunded to a producer;

Section 4 is amended by striking out "January 31, 2014"

and substituting "April 30, 2024".

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Alberta Regulation 12/2014

Marketing of Agricultural Products Act

ALBERTA ELK AUTHORIZATION AMENDMENT REGULATION

Filed: January 17, 2014

For information only: Made by the Alberta Agricultural Products Marketing Council

on September 13, 2013 and approved by the Minister of Agriculture and Rural

Development on January 8, 2014 pursuant to

section 26 of the Marketing of

Agricultural Products Act.

1 The Alberta Elk Authorization Regulation (AR 255/2002)

is amended by this Regulation.

Section 3 is amended by striking out "March 31, 2014" and

substituting "September 30, 2024".

Alberta Regulation 13/2014

Marketing of Agricultural Products Act

POTATO GROWERS OF ALBERTA AUTHORIZATION

AMENDMENT REGULATION

Filed: January 17, 2014

For information only: Made by the Alberta Agricultural Products Marketing Council

on September 13, 2013 and approved by the Minister of Agriculture and Rural

Development on January 8, 2014 pursuant to

section 26 of the Marketing of

Agricultural Products Act.

1 The Potato Growers of Alberta Authorization Regulation

(AR 299/2002) is amended by this Regulation.

Section 1 is repealed and the following is substituted:

Definition

1(1) In this Regulation, "Plan" means the Potato Growers of Alberta

Plan Regulation (AR 291/2002).

(2) Words defined in the Act or the Plan have the same meaning when

used in this Regulation.

Section 2(

j) is repealed and the following is substituted:

(

j) respecting the circumstance, if any, under which a service

charge may be refunded to a producer.

Section 4 is amended by striking out "January 31, 2020"

and substituting "March 31, 2024".

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Alberta Regulation 14/2014

Apprenticeship and Industry Training Act

REFRIGERATION AND AIR CONDITIONING MECHANIC TRADE

AMENDMENT REGULATION

Filed: January 27, 2014

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on December 19, 2013 and approved by the Minister of Innovation and

Advanced Education on January 15, 2014 pursuant to

section 33(2) of the

Apprenticeship and Industry Training Act.

1 The Refrigeration and Air Conditioning Mechanic Trade

Regulation (AR 300/2000) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

c) and substituting the

following:

(c) "refrigeration and air conditioning system" means any

type of primary or secondary refrigeration and air

conditioning system, other than the duct work and sheet

metal items associated with the system, and without

limiting the generality of the foregoing includes the

following:

(

i) piping;

(ii) compressor assemblies;

(iii) condenser and cooling tower assemblies;

(iv) evaporator assemblies and defrost systems;

(

v) system controls and control valves;

(vi) air handling, distribution equipment and make up

air and exhaust systems;

(vii) heat recovery and indoor air quality systems;

(viii) circulating pump assemblies;

(ix) geo-thermal and heat pump systems;

(

x) packaged and central air conditioning systems;

(xi) pre-fabricated walk in coolers, freezers and

environmental panels;

(xii) system accessories and ancillary components;

(xiii) monitoring and control and detection systems that

are part of or used in respect of refrigeration and

air conditioning systems;

(xiv) commercial and industrial refrigeration process

equipment and control systems;

(xv) specialized food service equipment;

Section 2 is amended by striking out "and repair" and

substituting ", repair and decommission".

Section 3 is amended

(

a) in clause (

e) by striking out "and welding" and

substituting ", welding and various other pipe joining

techniques";

(

b) by repealing clause (

g) and substituting the

following:

(

g) maintaining and repairing refrigeration and air

conditioning units, appliances and accessories designed

for the utilization of natural or propane gas as a fuel for

heating or cooling that do not exceed 400 000 BTU

(117 kW) input;

(

c) in clause (

h) by striking out "refrigeration tools" and

substituting "trade specific tools".

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Alberta Regulation 15/2014

Forest and Prairie Protection Act

FIRE CONTROL ZONE AMENDMENT REGULATION

Filed: January 30, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 13/2014)

on January 30, 2014 pursuant to

section 41 of the Forest and Prairie Protection Act.

1 The Fire Control Zone Regulation (AR 29/2005) is

amended by this Regulation.

Section 1(mm) is amended by striking out "thence

southeasterly, easterly and southerly along the said Wood Buffalo

National Park boundary to its intersection with the northwest bank of

Lake Athabasca;" and substituting "thence southerly, easterly and

generally southeasterly along the said Wood Buffalo National Park

boundary to its intersection with the north boundary of

section 16,

township 113, range 8, west of the 4th meridian; thence easterly along

the said north boundary of

section 16 to its intersection with the right

bank of the Riviere des Rochers; thence southerly and southeasterly

along the most easterly channel of the said Riviere des Rochers to its

intersection with the northwest bank of the said Lake Athabasca;".

Section 1(nn) is amended by striking out "the Wood Buffalo

National Park boundary;" and substituting "the right bank of the

Riviere des Rochers; thence northwesterly along the said right bank of

the Riviere des Rochers and along the most easterly channel of the said

Riviere des Rochers to its intersection with the north boundary of

section 16, township 113, range 8, west of the 4th meridian; thence

westerly along the said north boundary of

section 16 to its intersection

with the boundary of Wood Buffalo National Park;".

Section 3 is amended by striking out "March 31, 2014" and

substituting "March 31, 2023".

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Alberta Regulation 16/2014

Family Law Act

CHILD SUPPORT RECALCULATION PROGRAM

AMENDMENT REGULATION

Filed: January 30, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 15/2014)

on January 30, 2014 pursuant to

section 55.8 of the Family Law Act.

1 The Child Support Recalculation Program Regulation

(AR 287/2009) is amended by this Regulation.

Section 1(

b) is repealed and the following is substituted:

(b) "anniversary date" means,

(

i) subject to

section 5(5), the anniversary in any year of

the month and day on which a child support order or

child support agreement was made, or

(ii) if there is more than one child support order in respect

of the same parties and children, registered and eligible

for recalculation in accordance with the Act and

regulations, the annual anniversary of the month and

day on which the child support order made latest in the

calendar year was issued;

Section 4(1)(

d) is amended by striking out "subject to the

approval of the Director, electronic means," and substituting "an

electronic format and means of transmission approved by the

recalculation program,".

Section 5 is amended

(

a) in subsection (2)(

d) by adding "the" before

"recalculation of the amount of child support specified";

(

b) by repealing subsection (3) and substituting the

following:

(3) If a child support order indicates that the recipient's income

was imputed by the court then, despite subsection (1),

(

a) the child support order is not eligible for recalculation in

accordance with

section 55.11(2)(

a) of the Act if the

recipient's income was used by the court to determine

the amount of child support specified in the child

support order that was determined in accordance with

the applicable table of the child support guidelines, and

(

b) the child support order is not eligible for recalculation in

accordance with

section 55.11(2)(

b) of the Act.

Section 7 is amended

(

a) in subsection (1) by adding "apply to" before "register

a child support order with the recalculation program";

(

b) by adding the following after subsection (1):

(1.1) The recalculation program may decline an application to

register a child support order if

(

a) the child support order is not eligible for recalculation in

accordance with the Act and this Regulation,

(

b) the recalculation program is aware that a date has been

set for the court to hear an application respecting the

amount of child support specified in the child support

order,

(

c) in the opinion of the recalculation program,

recalculation may be impracticable or too complex for

the recalculation program to perform or may, in the

circumstances, produce a result that is unjust, or

(

d) a payor or recipient has failed to pay

(

i) the service fee required in respect of a previous

recalculation, or

(ii) court costs awarded to the recalculation program.

(

c) by adding the following after subsection (3):

(4) Nothing in a court order shall be construed so as to prevent

the recalculation program from declining to register a child

support order in accordance with this section.

Section 11(1)(

c) is amended by adding "or provided to"

after "other information requested by".

Section 15 is amended

(

a) by repealing subsection (1) and substituting the

following:

Correction

15(1) If, after the recalculation program has recalculated a child

support amount, the recalculation program discovers a mistake in

the recalculation decision, including but not limited to a clerical

error, the recalculation program may

(

a) correct the mistake and issue an amended recalculation

decision, or

(

b) if the decision should not have been issued, issue a

notice that the decision has been revoked.

(

b) in subsection (3) by adding "or a notice of revocation

referred to in subsection (1)" after "An amended

recalculation decision".

Section 18 is amended

(

a) by repealing subsection (1) and substituting the

following:

Collection, use and disclosure of information

18(1) The recalculation program may obtain information

respecting a payor or a recipient from the Director of

Maintenance Enforcement and from a designated authority in

Alberta under the Interjurisdictional Support Orders Act for the

purpose of recalculation and may rely on that information

without further verification.

(

b) by repealing subsection (3) and substituting the

following:

(3) The recalculation program may disclose personal

information and documents about a payor to a recipient, or about

a recipient to a payor, without the consent of the payor or

recipient whose personal information and documents are being

disclosed, where the personal information or document

(

a) is used in making a decision to decline an application to

register a child support order with the recalculation

program, or to decline to recalculate a child support

amount,

(

b) may be relevant to an objection under

section 55.4 of

the Act, or

(

c) has been filed for use in a court proceeding in Alberta or

is otherwise available to the public.

(

c) by repealing subsection (9) and substituting the

following:

(9) The recalculation program may disclose personal

information respecting a payor or recipient to the Director of

Maintenance Enforcement under the Maintenance Enforcement

Act for the purposes of that Act.

Section 20 is amended by striking out "January 1, 2015"

and substituting "January 1, 2019".

10 This Regulation comes into force on February 1, 2014.

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Alberta Regulation 17/2014

Labour Relations Code

MARKET ENHANCEMENT RECOVERY FUND DISTRIBUTION

(EXTENSION OF EXPIRY DATE) AMENDMENT REGULATION

Filed: January 30, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 23/2014)

on January 30, 2014 pursuant to

section 148.2 of the Labour Relations Code.

1 The Market Enhancement Recovery Fund Distribution

Regulation (AR 29/2009) is amended by this Regulation.

Section 6 is amended by striking out "January 31, 2014"

and substituting "January 31, 2017".

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Alberta Regulation 18/2014

Emergency 911 Act

EMERGENCY 911 LEVY REGULATION

Filed: January 30, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 21/2014)

on January 30, 2014 pursuant to

section 12 of the Emergency 911 Act.

Table of Contents

Interpretation

2 911 levy payable

3 Billing and collection fee

4 Registration of wireless telecommunication provider

5 Billing of 911 levy

6 Reasonable effort to collect 911 levy

7 Prepaid wireless telecommunication service

8 Returns and remittance

9 Refund of overpayment of 911 levy

10 Refund of over-remittance of 911 levy

11 Assessment or reassessment of 911 levy

12 Estimate of 911 levy by Minister

13 Payment of assessment or reassessment

14 Late filing penalty

15 Interest

16 Waiver or cancellation of penalties or interest

17 Notice of objection

18 Extension of time by the Minister

19 Retention of documents

20 Audits and inspections

21 Communication, collection and use of information

22 Offence re documents and records

23 Expiry

24 Coming into force

Interpretation

1 In this Regulation,

(a) "Act" means the Emergency 911 Act;

(b) "billing and collection fee" means the amount prescribed in

section 3 that a wireless telecommunication provider may

retain per month or partial month for each of its wireless

subscribers' wireless devices that is connected to services

provided by the wireless telecommunication provider;

(c) "person" includes a partnership;

(d) "recorded mail" means a form of document delivery by mail

or courier in which receipt of the document must be

acknowledged in writing.

911 levy payable

2(1) The 911 levy payable by a wireless subscriber for the 911

services is $0.44 per month or portion of a month for each of the

wireless subscriber's wireless devices that is connected to services

provided by a wireless telecommunication provider.

(2) If a wireless telecommunication provider provides a wireless

telecommunication service to a wireless subscriber for less than one

month, the 911 levy may be prorated for the number of days in the

respective month.

Billing and collection fee

3(1) A wireless telecommunication provider may retain a billing and

collection fee of $0.07 per month or portion of a month for each of its

wireless subscribers' wireless devices that is connected to services

provided by the wireless telecommunication provider.

(2) If a wireless telecommunication provider provides a wireless

telecommunication service to a wireless subscriber for less than one

month and prorates the 911 levy for the number of days in the

respective month, the billing and collection fee shall be prorated for

the same number of days in the respective month.

Registration of wireless telecommunication provider

4(1) A wireless telecommunication provider shall apply to be

registered in the form and manner specified by the Minister and

provide such information as the Minister requires.

(2) A wireless telecommunication provider shall apply to be registered

not less than 30 days prior to the day the wireless telecommunication

provider is required to collect the 911 levy from a wireless subscriber

pursuant to

section 4 of the Act, or at such time as specified by the

Minister.

Billing of 911 levy

5(1) Subject to

section 7, a wireless telecommunication provider shall,

on a monthly basis, bill its wireless subscribers for the 911 levy.

(2) A wireless telecommunication provider shall disclose the amount

of the 911 levy that the wireless telecommunication provider bills and

collects for the 911 services pursuant to

section 4 of the Act in

(

a) a monthly bill, invoice or statement of account provided to its

wireless subscribers for each wireless device that is

connected to services provided by the wireless

telecommunication provider,

(

b) an agreement for a prepaid wireless telecommunication

service, or

(

c) any other agreement entered into with a wireless subscriber,

including an agreement formed by text-based internet

communications, in respect of a wireless device connected or

to be connected to services provided by the wireless

telecommunication provider.

Reasonable effort to collect 911 levy

6 A wireless telecommunication provider shall make all

commercially reasonable efforts to collect from its wireless subscribers

the 911 levy billed to the wireless subscribers pursuant to

section 5.

Prepaid wireless telecommunication service

7(1) A wireless telecommunication provider shall deduct the 911 levy

from a wireless subscriber's prepaid wireless telecommunication

service account at the time the service is provided for the first time in

the month for every month during which the wireless

telecommunication provider provides wireless telecommunication

services to a wireless subscriber with a prepaid wireless

telecommunication service account.

(2) If insufficient funds are available to deduct the 911 levy from a

wireless subscriber's prepaid wireless telecommunication service

account, the wireless subscriber shall not be deemed to have refused to

pay the 911 levy and the wireless telecommunication provider shall not

be required to make any further efforts to collect the 911 levy.

Returns and remittance

8(1) A wireless telecommunication provider shall, in respect of each

month,

(

a) submit to the Minister a return in the form and manner

specified by the Minister, and

(

b) remit to the Minister not less than the amount determined by

the formula

X - Y

where

X is the adjusted aggregate amount of the 911 levy in

respect of all of a wireless telecommunication

provider's wireless subscribers' wireless devices

connected to services provided by the wireless

telecommunication provider for the particular month,

determined by the formula

A + B + C - D - E - F

where

A is the total amount of the 911 levy billed for each

wireless subscriber's wireless device that is

connected to the services provided by the wireless

telecommunication provider for the particular

month,

B is the total amount of the 911 levy deducted from a

wireless subscriber's prepaid wireless

telecommunication service account for the

particular month pursuant to

section 7,

C is the total amount of 911 levy unreported by a

wireless telecommunication provider in respect of

a period prior to the particular month,

D is the total amount of 911 levy over-reported and

over-remitted to the Government pursuant to this

section by a wireless telecommunication provider

in a period prior to the particular month,

E is the total amount of any 911 levy determined by

a wireless telecommunication provider to be

uncollectible from a wireless subscriber in the

ordinary course of business in respect of a period

prior to the particular month, and

F is the total amount of any 911 levy refunded by a

wireless telecommunication provider to a wireless

subscriber in respect of a period prior to the

particular month,

and

Y is the aggregate amount of the billing and collection fee

that may be deducted by the wireless

telecommunication provider in respect of the adjusted

aggregate amount of 911 levy in respect of all of a

wireless telecommunication provider's wireless

subscribers' wireless devices connected to services

provided by the wireless telecommunication provider

for the particular month, determined by the formula,

X ž H

where

G is the amount of the 911 levy specified in

section

2(1), and

H is the amount of the billing and collection fee

specified in

section 3(1).

(2) An amount claimed by a wireless telecommunication provider on a

return under item D, E or F for a particular month or deducted by a

wireless communication provider from a remittance for that month

may not be claimed by a wireless telecommunication provider on a

subsequent return or deducted by a wireless telecommunication

provider from a subsequent remittance.

(3) The wireless telecommunication provider shall submit the return

and remit the amount determined under subsection (1) to the Minister

no later than 28 days after the end of the month to which the return and

the amount determined under subsection (1) relate.

(4) A return must be submitted to the Minister whether or not the

amount calculated under subsection (1) is nil for the particular month,

unless the Minister notifies the wireless telecommunication provider in

writing that a return is not required for any particular month.

(5) The amount determined under subsection (1) shall be remitted to

the Minister by electronic funds transfer in the manner specified by the

Minister.

Refund of overpayment of 911 levy

9(1) If a wireless telecommunication provider collects a 911 levy in

excess of the amount required under

section 2, the wireless

telecommunication provider shall

(

a) credit the overpayment to the wireless subscriber's account,

(

b) refund the overpayment to the wireless subscriber.

(2) If a wireless telecommunication provider refunds the overpayment

of a 911 levy under subsection (1) that was remitted to the Minister

under

section 8, the refund may be deducted from a subsequent

remittance of a 911 levy under

section 8.

Refund of over-remittance of 911 levy

10(1) If a wireless telecommunication provider remits an amount in

excess of the amount that should have been remitted under

section 8,

the Minister may

(

a) credit the surplus amount to the wireless telecommunication

provider's account, or

(

b) refund the surplus to the wireless telecommunication

provider.

(2) An application for a refund shall be made in the form and manner

specified by the Minister and shall be accompanied by any information

required by the Minister.

Assessment or reassessment of 911 levy

11(1) The Minister may

(

a) assess or reassess any 911 levy required to be remitted by a

wireless telecommunication provider within 4 years from the

end of the month in which the 911 levy was to be remitted,

and

(

b) assess interest and penalties in addition to the 911 levy

payable.

(2) Notwithstanding subsection (1), if a wireless telecommunication

provider

(

a) has made any misrepresentation that is attributable to neglect,

carelessness or wilful default,

(

b) has committed a fraud in making a return or in supplying any

information under the Act or this Regulation, or

(

c) has failed to disclose any relevant information,

the Minister may assess or reassess any 911 levy required to be

remitted and assess interest at any time the Minister considers

reasonable.

(3) Liability for a 911 levy imposed by the Act is not affected by an

incorrect or incomplete assessment or reassessment or by the fact that

no assessment or reassessment has been made.

(4) The Minister is not bound by a return or information delivered by

or on behalf of any person under the Act or this Regulation and may,

notwithstanding a return or information so delivered, or if no return or

information has been delivered, assess or reassess the 911 levy payable

under the Act.

Estimate of 911 levy by Minister

12(1) Notwithstanding

section 11, if a wireless telecommunication

provider fails to remit to the Minister the amount that should have been

remitted under

section 8, the Minister may make an estimate of the

amount that should have been remitted by the wireless

telecommunication provider.

(2) The Minister may, at any time the Minister considers reasonable,

assess any amount estimated under subsection (1).

(3) An amount determined under subsection (1) or assessed under

subsection (2) is deemed to be the amount that the wireless

telecommunication provider was required to remit under

section 8.

Payment of assessment or reassessment

13 Every person assessed or reassessed under

section 11 or 12 shall,

within 30 days after the service of the notice of assessment or

reasssessment, pay the amount assessed or reassessed against the

person whether or not an objection to the notice of assessment or

reassessment is outstanding.

Late filing penalty

14(1) If a wireless telecommunication provider fails to file a return as

and when required by this Regulation, the Minister may assess against

the wireless telecommunication provider a penalty as follows:

(

a) for a return that is filed within 4 days from the required filing

date, $25 for each day of default;

(

b) for a return that is filed after 4 days from the required filing

date, the lesser of

(

i) the amount required to be remitted pursuant to

section 8

unpaid as at the required filing date, and

(ii) $25 for each day of default

to a maximum of $1000.

(2) Notwithstanding subsection (1)(b)(i), the amount of a penalty

under subsection (1)(

b) may not be less than $100.

Interest

15(1) Simple interest is payable by a wireless telecommunication

provider in respect of

(

a) any amount required to be remitted that the wireless

telecommunication provider fails to remit in accordance with

the Act and this Regulation, and

(

b) a penalty that the wireless telecommunication provider is

liable to pay under the Act or this Regulation that the

wireless telecommunication provider fails to pay in

accordance with the Act and this Regulation.

(2) Interest under subsection (1) is payable at the rate prescribed for

the purposes of assessing interest on unpaid tax balances under the

Alberta Corporate Tax Act.

Waiver or cancellation of penalties or interest

16 Notwithstanding the Financial Administration Act, the Minister

may, on application by a wireless telecommunication provider within 4

years from the end of the month in which a penalty or interest is

assessed against the wireless telecommunication provider,

(

a) waive or cancel all or any portion of any penalty or interest

payable under this Regulation by the wireless

telecommunication provider, or

(

b) refund all or any portion of any penalty or interest paid under

this Regulation by the wireless telecommunication provider.

Notice of objection

17(1) A wireless telecommunication provider that objects to a notice

of assessment or reassessment under

section 11 or 12 may, within 90

days after the day of mailing of the notice, serve on the Minister a

notice of objection in the form and manner specified by the Minister

setting out the reasons for the objection and the relevant facts.

(2) A notice of objection under this

section shall be served by

recorded mail addressed to the Minister.

(3) The Minister may accept a notice of objection under this

section

notwithstanding that it was not served in the manner required by

subsection (2).

(4) On receipt of a notice of objection, the Minister shall with all due

dispatch reconsider the amount contained in the notice of assessment

or reassessment and shall vacate, confirm or vary the amount contained

in the notice of assessment or reassessment, and shall notify the

wireless telecommunication provider of the Minister's decision in

writing.

(5) The Minister's written decision in respect of a notice of objection

is final.

Extension of time by the Minister

18(1) Where no notice of objection has been served under

section 17

within the time limited by that provision for doing so, the wireless

telecommunication provider may apply to the Minister for an extension

of time for serving the notice of objection.

(2) An application made under subsection (1) shall set out the reasons

why the notice of objection was not served within the time otherwise

limited by this Regulation for doing so.

(3) An application made under subsection (1) shall be served by

recorded mail addressed to the Minister and accompanied with a copy

of the notice of objection.

(4) The Minister may accept an application under this

section

notwithstanding that it was not served in the manner required by

subsection (3).

(5) On receipt of an application made under subsection (1), the

Minister shall with all due dispatch consider the application and grant

or refuse it and notify the wireless telecommunication provider of the

decision in writing.

(6) Where an application made under subsection (1) is granted, the

notice of objection is deemed to have been served or made on the day

the decision of the Minister is provided to the wireless

telecommunication provider.

(7) No application shall be granted under this

section unless

(

a) the application is made within one year after the expiration of

the time otherwise limited by this Regulation for serving a

notice of objection, and

(

b) the wireless telecommunication provider demonstrates that

(

i) within the time otherwise limited by this Regulation for

serving the notice, the wireless telecommunication

provider

(

A) was unable to act or to instruct another to act in the

wireless telecommunication provider's name, or

(

B) intended in good faith to object to the notice of

assessment or reassessment,

(ii) given the reasons set out in the application and the

circumstances of the case, it would be just and equitable

to grant the application, and

(iii) the application was made as soon as circumstances

permitted.

Retention of documents

19(1) Every wireless telecommunication provider must keep records

and books of account in a form and containing information that will

readily enable the Minister to make an accurate determination of the

911 levy billed and collected or to be billed and collected pursuant to

section 4 of the Act, and reported and remitted pursuant to

section 8.

(2) Records and books of account required to be kept under subsection

(1) shall be

(

a) kept at the wireless telecommunication provider's place of

business or residence in Alberta, or

(

b) at a place in Alberta or elsewhere approved by the Minister

(3) Records and books of account required to be kept under subsection

(1) shall be retained for a minimum of 6 years after the date on which

the records and books of account were made.

Audits and inspections

20(1) For the purposes of ensuring that the Act and this Regulation

are being complied with, the Minister may, at any reasonable time,

make or cause to be made an audit or inspection of the records and

books of account of any wireless telecommunication provider.

(2) If the Minister requests, each wireless telecommunication provider

shall make available to the Minister its records and books of account

for the purpose of audit or inspection under subsection (1).

(3) The Minister may, without warrant, during normal business hours

or at any other reasonable time, enter upon any premises or place

where any wireless telecommunication provider carries on business or

where any records of a wireless telecommunication provider are kept

to audit, inspect or examine any account, record, paper, document,

invoice, record-keeping device, voucher, letter, electronic mail, or any

other document or thing that is related or may relate in any way to the

billing or collection of a 911 levy or the payment of the 911 levy or an

amount in respect of that 911 levy.

(4) The Minister, on entering upon any premises or place referred to in

subsection (3), may require the owner, employee or agent of the

wireless telecommunication provider to provide all reasonable

assistance with the audit or inspection and to answer all proper

questions relating to the audit or inspection either orally or on oath or

by statutory declaration, and for that purpose to require the owner or

employee to attend at the premises or place during the course of the

audit.

(5) A wireless telecommunication provider and any person who is an

officer, employee or agent of the wireless telecommunication provider

shall

(

a) answer all of the questions of the Minister relating to any of

the matters in this section, and

(

b) produce for inspection such records, documents and other

things as are required by the Minister.

(6) The Minister may, in the course of an audit or inspection, inspect,

examine and make copies of or temporarily remove books, records,

reports, documents or other things that are relevant to determine if

persons required to comply with the Act and this Regulation are

complying with the Act and this Regulation.

(7) When any books, records, reports, documents or other things are

removed under subsection (6), the Minister

(

a) shall give a receipt for them to the person from whom they

were taken,

(

b) may make copies of, take photographs of or otherwise record

them, and

(

c) shall, within a reasonable time, return them to the person to

whom the receipt was given.

Communication, collection and use of information

21(1) Except as authorized by this section, the Minister shall keep

confidential all information obtained by the Minister under the Act and

this Regulation.

(2) The Minister may disclose information about a wireless

telecommunication provider or a wireless subscriber where the

information is required by the person to whom it is disclosed

(

a) for the purposes of complying with the Act or this

Regulation, or

(

b) to determine if the wireless telecommunication provider or

the wireless subscriber is complying with the Act or this

Regulation.

(3) The Minister may collect and use information about a wireless

telecommunication provider or a wireless subscriber that is reasonably

necessary for the administration and enforcement of the Act and this

Regulation.

(4) For the purposes of subsections (1) to (3), "information" includes

personal information.

(5) The Minister may publish or disclose to any person for any

purpose information collected under the Act or this Regulation that

(

a) is readily available,

(

b) is in a summarized or statistical form, and

(

c) cannot, directly or indirectly, be associated with or identify a

particular person.

(6) The Minister may collect and use information that is necessary for

the purposes of formulating or analyzing fiscal policy.

Offence re documents and records

22 Any person who

(

a) makes, participates in, assents to or acquiesces in the making

of false or deceptive statements in a return, statement, record

or other document delivered or made under the Act or this

Regulation,

(

b) destroys, alters, mutilates or disposes of the records of a

person required to keep records under the Act or this

Regulation,

(

c) makes or assents to or acquiesces in the making of false or

deceptive entries or omits or assents to or acquiesces in the

omitting of material particular to those records,

(

d) wilfully evades or attempts to evade compliance with the Act

or this Regulation, or

(

e) conspires with any person to commit an offence described in

clauses (

a) to (

d) is guilty of an offence and, in addition to any other penalty provided

by the Act, is liable to a fine of not more than 300% of the amount

sought to be evaded.

Expiry

23 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on March 31, 2021.

Coming into force

24 This Regulation comes into force on the coming into force of

section 12 of the Emergency 911 Act.