Alberta Gazette — documents gazette 2002 pdf 1214 ii.pdf

documents gazette 2002 pdf 1214 ii.pdf

Alberta — Gazette

Alberta Regulation 249/2002

Municipal Government Act

REGIONAL SHOPPING CENTRE ALLOCATION

OF ASSESSMENT REGULATION

Filed: November 20, 2002

Made by the Lieutenant Governor in Council (O.C. 525/2002) on November 20,

2002 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

Definitions 1

Purpose 2

Application of regulation 3

Application for allocation of assessment 4

Calculation of allocation of assessment 5

Effect of allocation of assessment 6

Provision of information 7

Charges 8

Recalculation 9

Review 10

Repeal 11

Expiry 12

Coming into force 13

Definitions

1(1) In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "allocation of assessment" means the allocation of the total

assessment of a regional shopping centre among the components of the

regional shopping centre;

(c) "anchor tenant" means a tenant in a regional shopping centre

that is prescribed as an anchor tenant in a Ministerial Order referred to

in subsection (2);

(d) "assessed person" means the assessed person of the regional

shopping centre;

(e) "commercial retail unit" or "CRU" means a retail or service

premises in a regional shopping centre, other than the following:

(

i) anchor tenant premises;

(ii) free-standing premises;

(iii) office premises;

(iv) hotel premises;

(

v) the exterior common area and interior common area;

(f) "component" of a regional shopping centre means the following:

(

i) each anchor tenant premises;

(ii) the aggregate of the CRU premises;

(iii) each free-standing premises;

(iv) the aggregate interior common area;

(

v) the aggregate exterior common area;

(vi) each premises that is not included in any of

subclauses (

i) to (v), including office premises and hotel premises;

(g) "exterior common area" includes that part of a regional

shopping centre that consists of pavement, parking structures and land;

(h) "interior common area" means that part of the gross building

area of a regional shopping centre that is not gross leasable area;

(i) "office premises" means any area within a regional shopping

centre that consists of more than 6 offices and is specifically designated

to be used for office purposes;

(j) "regional shopping centre" means, subject to

section 3(3), a

shopping centre that is prescribed as a regional shopping centre in a

Ministerial Order referred to in subsection (2);

(k) "total assessment" means the assessment shown for the regional

shopping centre on the municipality's assessment roll, but where

section

3(3) applies, excludes that part of the total assessment that is

attributable to the addition referred to in that subsection.

(2) The Minister may by Ministerial Order prescribe

(

a) the regional shopping centres to which this Regulation applies,

and

(

b) the tenants of each regional shopping centre that are the

anchor tenants for the purposes of this Regulation.

Purpose

2 The purpose of this Regulation is to provide an allocation of

assessment for use by regional shopping centres for the purpose of internal

allocation of property taxes among the components of regional shopping

centres.

Application of regulation

3(1) This Regulation applies only in respect of the taxation years 1999 to

2008 inclusive.

(2) This Regulation applies in respect of a regional shopping centre in

respect of a taxation year only where

(

a) at least one lease agreement between an anchor tenant and the

assessed person provides for the allocation of the property tax payable in

respect of the regional shopping centre based on either separate

assessments or on the methodology used by the municipality to derive the

assessment for the regional shopping centre,

(

b) the assessment for the regional shopping centre as determined

by the municipality for the taxation year is based chiefly on the income

approach to value, and

(

c) the assessed person applies in writing to the municipality not

later than December 31 preceding the taxation year for an allocation of

assessment under this Regulation.

(3) Where the building footprint or envelope of a regional shopping centre

changes by reason of an addition to the shopping centre that is completed

after December 31, 1997, the addition shall not be considered to be part of

the regional shopping centre for the purposes of this Regulation.

Application for allocation of assessment

4 An application referred to in

section 3(2)(

c) must be in a form

acceptable to and contain the information prescribed by the municipality.

Calculation of allocation of assessment

5(1) If the conditions in

section 3(2) are met with respect to a regional

shopping centre, the municipality shall do the following:

(

a) determine the value of each component by using the assessment

method that was used by the municipality in the year preceding the first

year in which an assessment using the income approach to value is prepared;

(

b) prepare an allocation to each component of the total value of

all components determined under clause (

a) by

(

i) dividing the value for each component determined

under clause (

a) by the total value of all components so determined to

determine the percentage that the value of each component is of the total

value, and

(ii) multiplying the percentage determined under

subclause (

i) for each component by the total assessment prepared using the

income approach to value;

(

c) annually prepare an allocation of the total assessment to each

component by using the same income approach to value that was used in

preparing the assessment;

(

d) prepare an annual allocation of assessment for each component

(

i) determining the difference in valuation for the

component as calculated under clauses (

b) and (c), and

(ii) increasing or decreasing the allocation of value

for the component calculated under clause (

b) for each taxation year set

out in the Table at the end of this

section by a yearly increment equal to

the corresponding percentage of the difference or valuation that is

specified for that year in column 2 of that Table.

(2) Where the assessed person first makes application under

section

3(2)(

c) in respect of a year after 1999, the percentage increments for the

purposes of subsection (1)(d)(ii) are set out in Column 3 of the Table at

the end of this section.

(3) Subject to

section 9(1), the percentages determined under subsection

(1)(b)(

i) shall remain constant for all taxation years to which this

Regulation applies.

Table

Column 1

Column 2

Column 3

Taxation Year

Percentage Increment (section 5(1)(d)(ii))

Percentage Increment (section 5(2))

10.00%

N/A

20.00%

11.1111%

30.00%

12.5000%

40.00%

14.2857%

50.00%

16.6666%

60.00%

20.0000%

70.00%

25.0000%

80.00%

33.3333%

90.00%

50.0000%

100.00%

100.0000%

Effect of allocation of assessment

6(1) An allocation of assessment for a component that is prepared in

accordance with

section 5(1)(

d) is deemed to be a separate assessment of

the component for the purposes of an agreement referred to in

section

3(2)(a).

(2) Nothing in this Regulation affects an assessed person's liability to

pay taxes under the Act.

Provision of information

7 In each taxation year in which this Regulation applies in respect of a

regional shopping centre, the municipality shall, not later than the date

on which it sends the tax notice in respect of the regional shopping centre

to the assessed person, provide to the assessed person

(

a) a

schedule setting out the allocations of assessment in respect

of the components of the regional shopping centre for the taxation year,

together with the details of how the allocations of assessment were

calculated, and

(

b) sufficient information to disclose the details as to how the

total assessment and other valuations used for the purposes of this

Regulation were calculated.

Charges

8(1) A municipality may impose a reasonable charge on the assessed person

for

(

a) the preparation and provision of the material referred to in

section 7, and

(

b) making a recalculation under

section 9

and the charge may, without limitation, include a charge for the time spent

by the municipality's employees or agents in the preparation and provision

of the material or the making of the recalculation.

(2) A municipality may add the reasonable charge authorized under

subsection (1) to the tax roll of the regional shopping centre.

Recalculation

9(1) Where property forming part of a regional shopping centre is

destroyed or is the subject of a subdivision, or where a change in the

component breakdown of the regional shopping centre occurs, the

municipality shall recalculate the allocations of assessment for the

remaining applicable taxation years referred to in

section 3(1).

(2) Where the assessment for a regional shopping centre for a taxation

year changes as a result of the operation of

Part 11 or 12 of the Act, the

municipality shall recalculate the allocations of assessment for that

taxation year.

(3) On making a recalculation under subsection (1) or (2), the

municipality shall forthwith comply with

section 7.

Review

10(1) The assessed person may, not later than August 31, apply to the

Minister for a review of any or all of the following with respect to the

taxation year:

(

a) any amount determined under

section 5(1), other than the amount

of the assessment for the regional shopping centre that is shown on the

municipality's assessment roll and uses the income approach to value;

(

b) a recalculation of allocations of assessment under

section 9;

(

c) the charge imposed on the assessed person under

section 8.

(2) An application must contain the information required by and be in a

form acceptable to the Minister.

(3) In a review, the Minister may make any changes in the allocations of

assessment, recalculation or charges that the Minister considers

appropriate.

(4) The Minister's decision on a review is final.

Repeal

11 The Regional Shopping Centre Allocation of Assessment Regulation (AR

232/2000) is repealed.

Expiry

12 This Regulation is made under

section 603(1) of the Act and is subject

to repeal under

section 603(2) of the Act.

Coming into force

13 This Regulation comes into force on November 25, 2002.

Alberta Regulation 250/2002

Health Professions Act

DENTAL SURGICAL FACILITY ACCREDITATION REGULATION

Filed: November 20, 2002

Made by the Council of the Alberta Dental Association and College on August

28, 2002 and approved by the Lieutenant Governor in Council (O.C. 527/2002)

on November 20, 2002 pursuant to

Schedule 7,

section 18 of the Health

Professions Act.

Table of Contents

Interpretation 1

Starting an application 2

Routing of the application 3

Accreditation requirements 4

Compliance with standards 5

Application considerations 6

Decision 7

Coming into force 8

Interpretation

1(1) In this Regulation,

(a) "Act" means the Health Professions Act;

(b) "Schedule 7" means

Schedule 7 to the Act.

(2) The

definitions in

section 11 of

Schedule 7 apply to this Regulation.

Starting an application

2(1) An operator seeking accreditation or renewal of accreditation of a

dental surgical facility must submit an application to the registrar on a

form satisfactory to the council and must pay the applicable fees as

required by the bylaws.

(2) An application for renewal of an accreditation of a dental surgical

facility must be submitted to the registrar at least 3 months prior to the

date of expiry of the facility's current accreditation.

Routing of the application

3 On receipt of an application under

section 14(1) of

Schedule 7, the

registrar must forward the application to the accreditation committee.

Accreditation requirements

4 The accreditation requirements for dental surgical facilities are

compliance with the standards for dental surgical facilities approved and

published by the council respecting

(

a) general safety,

(

b) anesthesia,

(

c) patient care,

(

d) operating room management,

(

e) recovery room management,

(

f) patient discharge,

(

g) infection prevention and control,

(

h) facility operation, equipment and documentation,

(

i) notification of deaths or significant mishaps,

(

j) quality assurance and continuous quality improvement, and

(

k) concerns and complaint management.

Compliance with standards

5 Dental surgical facilities and regulated members employed at or under

contract with respect to those facilities must comply with the standards

referred to in

section 4.

Application considerations

6 In determining whether to grant an accreditation or renewal of

accreditation, the accreditation committee must consider whether the dental

surgical facility complies with the standards referred to in

section 4.

Decision

7 The accreditation committee on making a decision under

section 14(2) of

Schedule 7 must advise the applicant, in accordance with

section 14(4) of

Schedule 7 as soon as reasonably possible.

Coming into force

8 This Regulation comes into force on the coming into force of sections

11 to 18 of

Schedule 7.

Alberta Regulation 251/2002

Livestock and Livestock Products Act

RIBBON BRANDING OF CARCASSES REGULATION

Filed: November 20, 2002

Made by the Lieutenant Governor in Council (O.C. 528/2002) on November 20,

2002 pursuant to

section 2 of the Livestock and Livestock Products Act.

Table of Contents

Definitions 1

Prohibitions against marking and trading 2

Exceptions to prohibitions 3

Repeal 4

Expiry 5

Definitions

1 In this Regulation,

(a) "carcass" means a beef, bison, veal, lamb or mutton carcass or

any portion of it;

(b) "federal laws" means the Canada Agricultural Products Act

(Canada) or the regulations under that Act, or both, so far as applicable;

(c) "grader" means a person designated as a grader under the

federal laws;

(d) "provincial laws" means the Meat Inspection Act or the

regulations made under that Act, or both, so far as applicable.

Prohibitions against marking and trading

2 Subject to

section 3, a person shall not

(

a) brand or mark a carcass with a continuous brand or mark except

in accordance with the federal or provincial laws, or

(

b) sell or offer or advertise for sale or have in possession for

sale a carcass

(

i) that is branded or marked with a continuous brand

or mark that has not been applied in accordance with the federal or

provincial laws, or

(ii) under any grade name or designation in the form of

a stamp, brand, mark, advertisement or placard that has not been applied in

accordance with the federal or provincial laws but that resembles or might

be mistaken for a grade name or designation established under the federal

or provincial laws.

Exceptions to prohibitions

3 A buyer, acting on behalf of a retailer or a wholesaler, may place on a

carcass an identification brand or mark that does not comply with

section 2

if the brand or mark

(

a) is in brown ink or in a colour of ink corresponding to the

colour of ink on the brand or mark that has been applied to the carcass

under the supervision of a grader,

(

b) does not exceed 7.6 centimetres in height or width,

(

c) in the case of a beef, bison or veal carcass, is located in not

more than one place on each primal cut,

(

d) in the case of a lamb or mutton carcass, is located in not more

than one place, and

(

e) is not in contact with the brand or mark referred to in clause

(a).

Repeal

4 The Ribbon Branding of Carcasses Regulation (AR 32/98) is repealed.

Expiry

5 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 November 30, 2009.

------------------------------

Alberta Regulation 252/2002

Livestock and Livestock Products Act

WEIGHING OF BEEF CARCASSES REGULATION

Filed: November 20, 2002

Made by the Lieutenant Governor in Council (O.C. 529/2002) on November 20,

2002 pursuant to

section 2 of the Livestock and Livestock Products Act.

Table of Contents

Definitions 1

Application 2

Sale weight of beef carcass, and the tare 3

Sale weight and grade information 4

Duties of weight supervisor 5

Duties of operator 6

Weight sheet 7

Repeal 8

Expiry 9

Definitions

1(1) In this Regulation,

(a) "beef carcass" means an entire carcass of one head of cattle

except for

(

i) the hide,

(ii) the head,

(iii) the portion of the fore-leg below the knee joint,

(iv) the portion of the hind-leg below the hock joint,

(

v) the alimentary system, liver, kidneys, spleen,

genital tract and genitalia, mammary system, heart and lungs,

(vi) the membranous portion of the diaphragm and pillar

of the diaphragm,

(vii) the spinal cord,

(viii) internal fats that have been removed in

accordance with good commercial practice, including kidney fat, pelvic fat,

heart fat and udder fat,

(ix) the portion of the tail posterior to the first

coccygeal vertebra, and

(

x) any other portion of that entire carcass that has

been removed in accordance with the Meat Inspection Act or the Meat

Inspection Act (Canada) or the regulations under either;

(b) "federal laws" means the Canada Agricultural Products Act

(Canada) or the regulations under that Act, or both;

(c) "grade" means the carcass grade under the federal laws;

(d) "grader" means a person designated as a grader under the

federal laws;

(e) "operator" means a person who operates a meat packing plant or

an abattoir;

(f) "Regulatory Services Branch" means the Regulatory Services

Branch of the Minister's Department;

(g) "sale weight" means the weight of a beef carcass after

following

section 3(1)(

a) to (d);

(h) "tare" means the allowance with respect to tare items that is

determined and deductible under

section 3(1);

(i) "tare items" means the equipment that is used for supporting

the beef carcass while it is being weighed but which does not form part of

the beef carcass;

(j) "weight supervisor" means a person appointed as an inspector

under

section 35 of the Act.

(2) For the purposes of this Regulation, cattle is purchased or sold by

live weight if it is purchased or sold based on the weight of the entire

animal before slaughter.

Application

2 Subject to sections 5(1)(

g) and 7, this Regulation does not apply with

respect to cattle that are sold to an operator by live weight.

Sale weight of beef carcass, and the tare

3(1) Where a beef carcass is weighed to determine its sale weight, the

operator shall

(

a) weigh the beef carcass and tare items together

(

i) without removing any portion of the beef carcass,

and

(ii) immediately before placing the beef carcass in a

cooler,

and

(

b) deduct an allowance for the weight of tare items from the

combined actual weight of the beef carcass and the tare items,

(

c) quantify that allowance as equal to the weight of the tare

items assumed under

section 5(1)(

d) or the average weight of the tare items

declared under

section 6(e), whichever is lower, and

(

d) shall not deduct any other allowance in respect of the weight

of the tare items or any allowance at all for shrinkage.

(2) The operator shall record the sale weight on a standard sale weight

sheet in the form approved by the weight supervisor.

Sale weight and grade information

4(1) For each beef carcass that is weighed for sale weight and graded, the

operator shall inform the person from whom the operator purchased the

animal of

(

a) the sale weight of the beef carcass, and

(

b) the grade or grade name assigned to the beef carcass under the

federal laws.

(2) The sale weights and grades or grade names required under subsection

(1) must be certified by a grader and listed on a grading certificate

issued under the federal laws or on a form established by the Minister.

(3) An operator shall designate one or more persons, who are satisfactory

to the weight supervisor, to be the scale operator or operators for the

meat packing plant or abattoir.

(4) Following the weighing of each lot of beef carcasses, the responsible

scale operator shall, at the next interruption of the slaughter, provide

the weight supervisor with a signed copy of the sale weight sheet on which

the sale weight of each beef carcass is recorded.

Duties of weight supervisor

5(1) A weight supervisor shall

(

a) check the accuracy of the weighing mechanism at least twice on

each day when beef carcasses are weighed for sale weight,

(

b) check the actual weight of the tare items regularly to ensure

(

i) that the tare is uniform over extended periods, and

(ii) that the average weight of tare items established

under

section 6(

e) is adhered to within plus or minus 225 grams,

(

c) mark and set aside any tare items that fail to comply with

section 6(e),

(

d) post on the weighing mechanism a notice signed by the weight

supervisor indicating the assumed weight of the tare items that is to be

used in quantifying the tare,

(

e) order the operator to re-weigh any beef carcasses that the

weight supervisor considers have not been weighed or recorded properly,

(

f) if the weight supervisor finds that there has been any

non-compliance with the Act or this Regulation, promptly order the operator

to take any action necessary to achieve compliance, and

(

g) inform the grader of any cattle purchased by live weight and

give the grader a copy of the live weight sheet signed by the operator.

(2) A weight supervisor shall conduct the checks under subsection (1)(

a) at times that do not interfere with the operation of the meat packing plant

or abattoir unless the weight supervisor has reason to believe that the

weighing mechanism is faulty.

Duties of operator

6 An operator shall

(

a) supply for the use of a weight supervisor adequate test weights

for checking weighing mechanisms and arrange for annual certification of

the test weights under the Weights and Measures Act (Canada),

(

b) supply for the use of a weight supervisor in weighing tare

items a suitable weighing mechanism certified under the Weights and

Measures Act (Canada),

(

c) provide all necessary assistance to a weight supervisor who is

performing any of the duties under

section 5,

(

d) provide adequate storage for test weights supplied under clause

(

a) and maintain the weights in a clean condition,

(

e) establish and declare to the weight supervisor the average

weight of the tare items over an extended period,

(

f) for cattle purchased by the weight of the beef carcass or by

the weight and grade of the beef carcass, prepare a manifest that indicates

(

i) the number and sex of cattle purchased from each

person, and

(ii) the method used to identify the lot of cattle and

beef carcasses,

and provide a copy of the manifest to the weight supervisor

before the animals are slaughtered,

(

g) report any serious malfunction of a weighing mechanism or any

other irregularity to the Regulatory Services Branch within 24 hours of its

discovery, and

(

h) submit to the Regulatory Services Branch each month reports on

the actual weight of the tare items and a log of weighing mechanism

inspection reports in the form established by the Minister.

Weight sheet

7 A grader shall retain the copy of the live weight sheet given under

section 5(1)(

g) for 90 days after its receipt.

Repeal

8 The Weighing of Beef Carcasses Regulation (AR 33/98) is repealed.

Expiry

9 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 November 30, 2009.

------------------------------

Alberta Regulation 253/2002

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: November 22, 2002

Made by the Local Authorities Pension Plan Board of Trustees on November

15, 2002 pursuant to

Schedule 1,

section 5(2) of the Public Sector Pension

Plans Act.

1 The Local Authorities Pension Plan (AR 366/93) is amended by this

Regulation.

Section 13 is amended

(

a) in subsection (1) by striking out "percentage rate of his

pensionable salary set for employees by the Board's plan rules under

section 5(2) of the Act Schedule" and substituting the following:

rate, based on pensionable salary or any portion of the

participant's pensionable salary

(

a) that does not exceed the year's maximum

pensionable earnings, of 4.525%, and

(

b) that does exceed those earnings, of

6.4%.

(

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

(1.1) For the purpose of implementing subsection (1), the

amount of the contributions for current service based on pensionable salary

up to the year's maximum pensionable earnings shall be determined by

reference to the salary periods in the year, and for any salary period

shall be based on the year's maximum pensionable earnings divided by the

number of salary periods in the year.

Section 15 is amended

(

a) in subsection (1) by striking out "percentage rate of the

participant's pensionable salary set for employers by the Board's plan

rules under

section 5(2) of the Act Schedule" and substituting the

following:

rate, based on pensionable salary or any portion of the

participant's pensionable salary

(

a) that does not exceed the year's maximum pensionable

earnings, of 5.525%, and

(

b) that does exceed those earnings, of 7.4%.

(

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

(1.1) For the purpose of implementing subsection (1), the

amount of the contributions for current service based on pensionable salary

up to the year's maximum pensionable earnings shall be determined by

reference to the salary periods in the year, and for any salary period

shall be based on the year's maximum pensionable earnings divided by the

number of salary periods in the year.

Section 113 is repealed.

5 This Regulation comes into force on January 1, 2003.

------------------------------

Alberta Regulation 254/2002

Historical Resources Act

ARCHAEOLOGICAL AND PALAEONTOLOGICAL

RESEARCH PERMIT REGULATION

Filed: November 26, 2002

Made by the Minister of Community Development (M.O. 41/02) on November 21,

2002 pursuant to

section 6(2)(

d) of the Historical Resources Act.

Table of Contents

Definitions 1

Types of research permit 2

Application for archaeological research permit 3

Application for palaeontological research permit 4

Application for permit by student 5

Application to amend permit 6

Conditions of permit 7

New or threatened sites 8

Project report 9

Prohibition 10

Expiration of permit 11

Human remains 12

Contravention by permit holder 13

Permit for land in Restricted Development Area 14

Form of application 15

Exemption from operation of s33(1) of Act 16

Exemption from operation of s34 of Act 17

Repeal 18

Expiry 19

Definitions

1 In this Regulation,

(a) "Act" means the Historical Resources Act;

(b) "archaeological research project" means a specific research

program carried out for the purpose of locating, recovering, analyzing and

interpreting archaeological resources;

(c) "archaeological survey" means an examination of a physical land

area, including subsurface deposits, for the purpose of obtaining

information on the archaeological resources located on, in or under the

land;

(d) "development" means any change to the existing state of land

that affects or is likely to affect archaeological or palaeontological

resources located on, in or under the land;

(e) "excavate" means

(

i) to explore for, locate or recover archaeological

resources that are or were buried in Alberta or submerged beneath the

surface of any watercourse or permanent body of water in Alberta, or

(ii) to expose, extract or remove palaeontological

resources from their original context in the surrounding bedrock or

enclosing sediment;

(f) "land" means land as defined in the Land Titles Act;

(g) "mitigative research project" means an assessment carried out

to determine the impact a proposed development will have on archaeological

or palaeontological resources in the area where the development is proposed

to be carried out;

(h) "palaeontological research project" means a specific research

program carried out for the purpose of locating, recovering, analyzing and

interpreting palaeontological resources;

(i) "palaeontological survey" means an examination of a physical

land area, including subsurface deposits, for the purpose of obtaining

information on the palaeontological resources located on, in or under the

land;

(j) "Provincial Archaeologist" means the person who holds the

position of Manager, Archaeology and History Section, Heritage Resource

Management Branch, and includes a designate of that person;

(k) "Provincial Palaeontologist" means the person who holds the

position of Director, Royal Tyrrell Museum of Palaeontology, and includes a

designate of that person;

(l) "site" means any place where archaeological or palaeontological

resources are located.

Types of research permit

2(1) A person who wishes to excavate for the purpose of carrying out an

archaeological research project, an archaeological survey or a mitigative

research project relating to archaeological resources must apply to the

Provincial Archaeologist for an archaeological research permit.

(2) A person who wishes to excavate for the purpose of carrying out a

palaeontological research project, a palaeontological survey or a

mitigative research project relating to palaeontological resources must

apply to the Provincial Palaeontologist for a palaeontological research

permit.

(3) The application must be in the form set by the Minister.

Application for archaeological research permit

3(1) An application under

section 2(1) must be accompanied by

(

a) a current curriculum vitae including the applicant's

educational background, any relevant scientific publications to the

applicant's credit, all institutions with which the applicant has been

associated since the completion of the applicant's post-graduate studies,

the applicant's status at each institution and any experience the applicant

has that is pertinent to the proposed research project, and

(

b) documentation evidencing that the applicant

(

i) has prepared a written post-graduate thesis in

archaeology or anthropology and has been awarded a post-graduate degree in

archaeology at an accredited university,

(ii) has had at least 24 weeks of supervised training in

the field in basic research techniques in archaeological surveying and

archaeological excavation,

(iii) has had at least 6 weeks of training in

archaeological curating and archaeological laboratory analysis or at least

one of them, and

(iv) has designed and executed a relevant study

comparable in scope and quality to the research project described in the

application.

(2) The supervised training in the field referred to in subsection

(1)(b)(ii) must consist of segments of at least 2 continuous weeks.

(3) Notwithstanding subsection (1), the Minister may, if the Minister is

satisfied that an applicant is unable to comply with the requirements of

subsection (1), accept documentation that, in the Minister's opinion,

evidences qualifications that are equivalent to those referred to in

subsection (1).

Application for palaeonto-logical research permit

4(1) An application under

section 2(2) must be accompanied by

(

a) a current curriculum vitae including the applicant's

educational background, any relevant scientific publications to the

applicant's credit, all institutions with which the applicant has been

associated since the completion of the applicant's post-graduate studies,

the applicant's status at each institution and any experience the applicant

has that is pertinent to the proposed research project, and

(

b) documentation evidencing that the applicant

(

i) has prepared a written post-graduate thesis in

palaeontology and has been awarded a post-graduate degree in palaeontology

at an accredited university,

(ii) has had at least 24 weeks of supervised training in

the field of basic research techniques in palaeontological surveying and

palaeontological excavation,

(iii) has had at least 6 weeks of training in

palaeontological curating and palaeontological laboratory analysis or at

least one of them, and

(iv) has designed and executed a relevant study

comparable in scope and quality to the research project described in the

application.

(2) The supervised training in the field referred to in subsection

(1)(b)(ii) must consist of segments of at least 2 continuous weeks.

(3) Notwithstanding subsection (1), the Minister may, if the Minister is

satisfied that an applicant is unable to comply with the requirements of

subsection (1), accept documentation that, in the Minister's opinion,

evidences qualifications that are equivalent to those referred to in

subsection (1).

Application for permit by student

5(1) A student who is enrolled in a university program that requires the

student to carry out an archaeological research project or palaeontological

research project in order to obtain a post-graduate degree may apply for an

archaeological research permit or a palaeontological research permit if the

student has a sponsor who meets the requirements of

section 3 or 4, as the

case may be, and agrees in writing endorsed on the application

(

a) to review the methodology that the student proposes to use,

(

b) to inspect the project in the field after the field

investigations have been commenced but before the investigations are more

than 1/3 complete, and

(

c) to provide the Provincial Archaeologist or Provincial

Palaeontologist, as the case may be, with a typewritten or computer printed

report within 30 days after the inspection referred to in clause (

b) is

completed.

(2) The student and the sponsor are jointly responsible for fulfilling the

conditions of a permit issued pursuant to this section.

Application to amend permit

6(1) The holder of a permit issued under

section 3, 4 or 5 may apply to

the Minister through the Provincial Archaeologist or Provincial

Palaeontologist, as the case may be, to amend the permit.

(2) The Minister may allow the amendment and alter the permit accordingly.

Conditions of permit

7(1) The holder of a permit issued under

section 3, 4 or 5 must comply

with the following conditions:

(

a) the holder must follow the highest professional standards in

performing field procedures pursuant to the permit;

(

b) the holder must maintain a catalogue of all archaeological or

palaeontological resources collected in the course of the research project.

(2) Where archaeological resources are collected, the catalogue referred

to in subsection (1)(b)

(

a) must record the provenience of each archaeological resource

according to the smallest excavation or surface collecting unit that is

commensurate with the research objectives stated in the permit application,

(

b) must identify each excavated archaeological resource with

regard to at least the site of origin, the excavation unit of origin and

the level of origin, and

(

c) must identify each archaeological resource, either individually

or grouped together by means of common diagnostic attributes and common

provenience,

(

i) with a sequential catalogue number according to

internal site provenience, and

(ii) with a Borden designation number according to the

site of origin.

New or threatened sites

8(1) If, during the course of conducting activities pursuant to a permit

issued under

section 3, 4 or 5, the permit holder

(

a) discovers a new site, the permit holder must report the

discovery to the Provincial Archaeologist or Provincial Palaeontologist, as

the case may be, within 30 days following the date of the discovery, or

(

b) discovers that the integrity of a site is threatened, the

permit holder must report the discovery to the Provincial Archaeologist or

Provincial Palaeontologist, as the case may be, within 48 hours following

the discovery.

(2) The Provincial Archaeologist or Provincial Palaeontologist, as the

case may be, may require a permit holder to locate sites that are situated

in the area described in the permit and to report any changes in the status

of the sites to the Provincial Archaeologist or Provincial Palaeontologist,

as the case may be,

(

a) within 90 days following the date on which the permit period

begins, or

(

b) within 48 hours of locating the site if the integrity of the

site is threatened.

(3) A report required under this

section must be in the form set by the

Provincial Archaeologist or Provincial Palaeontologist, as the case may be.

Project report

9(1) A permit holder must, within 180 days after the expiration of the

permit or within any additional period specified in the permit, submit 2

copies of a project report

(

a) in the case of an archaeological research permit, to the

Provincial Archaeologist, or

(

b) in the case of a palaeontological research permit, to the

Provincial Palaeontologist.

(2) Where the permit holder holds an archaeological research permit, the

project report must

(

a) describe the field work undertaken and the location of and

extent of investigation at each site, including

(

i) an accurately scaled map showing the location of

each site and all foot traverses and test holes,

(ii) detailed plans of each site,

(iii) vertical sectional drawings of each site,

(iv) representative photographs of each site,

(

v) an accurately scaled map showing the area described

in the permit in relation to any sites reported pursuant to

section 8,

(vi) details of subsurface testing, including the

location of holes,

(vii) the depths at which cultural and natural specimens

were located,

(viii) the number of cultural and natural specimens

identified,

(ix) a detailed description of all located diagnostic

artifacts and finished artifacts, including relevant metric data,

(

x) line drawings or photographs of all diagnostic

artifacts and finished artifacts described under subsection (ix), and

(xi) line drawings or photographs of other cultural and

natural specimens significant to the research objectives stated in the

permit application,

(

b) describe the methodologies used in data acquisition, recording

and analysis, including field, archival and laboratory investigations,

(

c) describe the environmental factors and cultural history

relevant to the investigations,

(

d) assess the current physical status of the site and any present

or potential factors that could alter the current status,

(

e) interpret the significance of the site investigated based on a

summary examination of the findings, and

(

f) assess the results of the investigation in relation to the

scope and objectives of the project as stated in the permit.

(3) Where the permit holder holds a palaeontological research permit, the

project report must

(

a) describe the field work undertaken and the location of and

extent of investigation at each site,

(

b) describe the palaeontological resources discovered and the

geological age of each,

(

c) describe the geological formations in which the

palaeontological resources were discovered, and

(

d) describe the number of palaeontological resources discovered.

(4) Where a permit issued under this Regulation authorizes an excavation

for the purpose of carrying out a mitigative research project, the project

report must, in addition to meeting the requirements of subsection (2) or

(3),

(

a) describe the proposed development that occasioned the

mitigative research project,

(

b) describe the specific effect the proposed development will have

on each site in the area to be affected by the development,

(

c) describe the criteria used to establish site values, and

(

d) recommend mitigative measures that may be undertaken at

individual sites to minimize damage or disturbance likely to result from

the proposed development.

(5) A project report must be typewritten or computer printed and must be

in the form set by the Provincial Archaeologist or Provincial

Palaeontologist, as the case may be.

(6) Where a project report includes a photograph or line drawing, the

original or a reproduction of the original must be submitted separately

with the project report.

Prohibition

10 A person conducting a mitigative research project shall not remove

from any site any archaeological or palaeontological resource except as

required to fulfill the objectives of the project authorized by the permit.

Expiration of permit

11(1) Not later than one year after the expiration of a permit, the permit

holder must deliver the following to the public institution designated in

the permit by the Minister:

(

a) all historic resources collected pursuant to the permit;

(

b) a typewritten or computer printed catalogue, of archival

quality, identifying each historic resource and indicating its provenience

as required under this Regulation;

(

c) copies, of archival quality, of all notes, plans, drawings,

documents, photographs and other records collected or prepared in

conjunction with the investigation authorized by the permit.

(2) Notwithstanding subsection (1), the Minister may allow a permit holder

to deliver the historic resources collected pursuant to the permit to a

public institution other than that designated in the permit if the permit

holder submits to the Minister

(

a) the material described in subsection (1)(

b) and (c), and

(

b) a statement signed by a person employed in a position of

authority by the institution in which the historic resource are proposed to

be deposited undertaking to maintain them under proper custodial care.

Human remains

12(1) No permit holder shall disturb or excavate human remains unless the

permit holder first obtains the written authorization of the Director of

Vital Statistics and the Minister and attaches those authorizations to the

permit.

(2) A permit holder who does not have the authorizations required by

subsection (1) and discovers human remains in the course of conducting

activities under the permit must take all measures necessary to protect the

remains from further disturbance and must cease excavating in the immediate

vicinity of the remains until the permit holder obtains the authorizations.

Contravention by permit holder

13(1) A permit holder who contravenes a condition of the permit is not

eligible to apply for another permit until the permit holder has fulfilled

the condition that was contravened.

(2) If a permit holder contravenes the Act or regulations or a condition

of the permit, the Minister may cancel that permit and any other research

permit held by the permit holder under the Act by serving on the permit

holder a notice of cancellation.

(3) A notice of cancellation under subsection (2) must be served by

personal service or by registered mail or in any other manner as directed

by the Court of Queen's Bench.

Permit for land in Restricted Development Area

14 If all or part of the land to which a permit issued under this

Regulation relates is located in a Restricted Development Area established

under

section 4 of

Schedule 5 of the Government Organization Act, the

permit holder shall not enter on the land unless the permit holder first

obtains permission to do so from the Minister responsible for the

Restricted Development Area.

Form of application

15 Permission to transport archaeological or palaeontological resources

out of Alberta pursuant to

section 33 of the Act must be in the form set by

the Provincial Archaeologist or the Provincial Palaeontologist, as the case

may be.

Exemption from operation of s33(1) of Act

16 An institution is exempt from the operation of

section 33(1) of the

Act if the institution

(

a) has custody of archaeological or palaeontological resources

excavated under a permit issued under

section 30 of the Act,

(

b) has not contravened the Act or regulations,

(

c) is eligible to obtain a permit,

(

d) transports archaeological or palaeontological resources that

are on loan for a period not exceeding 3 years, and

(

e) keeps records of all loans and makes the records available to

the Minister on request.

Exemption from operation of s34 of Act

17 A permit holder is exempt from the operation of

section 34 of the Act

if the permit holder discovers any palaeontological resource

(

a) to which the permit does not apply that is likely to be

destroyed before a further permit can be obtained, or

(

b) at a location to which the permit does not apply and it is

unlikely that the palaeontological resource could be excavated at a later

date,

but as soon as reasonably possible the permit holder must advise the

Minister of the discovery and apply for a palaeontological research permit

relating to that palaeontological resource.

Repeal

18 The following are repealed:

(

a) the Archaeological Research Permit Regulation (AR 124/79);

(

b) the Palaeontological Resources Regulation (AR 77/82).

Expiry

19 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 April 30, 2007.

Alberta Regulation 255/2002

Marketing of Agricultural Products Act

ALBERTA ELK AUTHORIZATION REGULATION

Filed: November 27, 2002

Made by the Alberta Agricultural Products Marketing Council on September

30, 2002 pursuant to sections 26 and 27 of the Marketing of Agricultural

Products Act.

Definitions

1(1) In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Commission" means the Commission with the name "Alberta Elk";

(c) "Plan" means the Alberta Elk Plan Regulation;

(d) "producer" means a producer as defined in the Plan;

(e) "regulated product" means regulated product as defined in the

Plan.

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

in this Regulation.

Regulations made under

section 26 of the Act

2 For the purposes of enabling the Commission to operate the Plan, the

Commission is hereby authorized under

section 26 of the Act to make

regulations

(

a) requiring producers engaged in the production or marketing, or

both, of the regulated product to register their names and addresses with

the Commission;

(

b) requiring any person who produces, markets or processes the

regulated product to furnish to the Commission any information or record

relating to the production of the regulated product that the Commission

considers necessary;

(

c) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the purposes of the Plan, and

(ii) the taking of legal action to enforce payment of

the service charges;

(

d) providing for the refund of service charges;

(

e) providing for the use of any class of service charges or other

money payable to or received by the Commission for the purpose of paying

its expenses and administering the Plan and the regulations made by the

Commission.

Expiry

3 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, 2008.

------------------------------

Alberta Regulation 256/2002

Marketing of Agricultural Products Act

ALBERTA ELK MARKETING REGULATION

Filed: November 27, 2002

Made by the Alberta Elk Commission on October 15, 2002 pursuant to

section

26 of the Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Base service charge 2

Product service charge 3

Confirmation or variance of service charges 4

Collection of service charges 5

Refund of service charges 6

Information 7

Use of funds 8

Interest 9

Legal action 10

Transitional re base service charge 11

Transitional re product service charge 12

Transitional re payment of service charges 13

Expiry 14

Definitions

1(1) In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Plan" means the Alberta Elk Plan Regulation.

(2) Words that are defined in either the Act or the Plan have the same

meaning when used in this Regulation.

Base service charge

2(1) A base service charge is hereby assessed

(

a) on each producer to whom a farm licence is issued, but

(

b) in the case of a farm licence that is issued to more than one

producer,

(

i) on the producer who is listed first on the farm

licence as a licensee, and

(ii) on any of the other producers listed on the farm

licence as a licensee where that producer has advised the Commission that

the producer wishes to be assessed the base service charge.

(2) The amount of the base service charge is $150 per annum.

(3) The base service charge is due and, subject to

section 5, payable to

the Commission on April 30 in each year.

Product service charge

3(1) A product service charge is hereby assessed on each mature elk that,

as of March 31 in each year, is listed in animal inventory operated under

the Livestock Industry Diversification Act.

(2) The amount of the product service charge is $2.00 per annum for each

mature elk.

(3) The product service charge is due and, subject to

section 5, payable

to the Commission on April 30 in each year.

(4) Notwithstanding that more than one person may have an ownership

interest in a mature elk, only one product service charge per annum is

payable in respect of that elk.

Confirmation or variance of service charges

4(1) At each annual Commission meeting the Commission is to submit for the

approval of the eligible producers the following:

(

a) with respect to the service charges, the amount of

(

i) the base service charge, and

(ii) the product service charge,

that is to be charged during the next fiscal year;

(

b) the products and services, if any, in respect of which the

products service charge is applicable during the next fiscal year;

(

c) the manner of assessing the base service charge during the next

fiscal year.

(2) The Commission may, subject to the approval of the eligible producers

at an annual Commission meeting or a special Commission meeting, from time

to time change

(

a) the amount of

(

i) the base service charge, and

(ii) the product service charge;

(

b) the products and services, if any, in respect of which the

product service charge is applicable;

(

c) the manner of assessing the base service charge.

Collection of service charges

5(1) Each eligible producer must, at the end of the Commission's fiscal

year, forward to the Commission on or before the next April 30 the base

service charge that is payable to the Commission in respect of that fiscal

year.

(2) Each producer who has mature elk must, at the end of the Commission's

fiscal year, forward to the Commission on or before the next April 30 the

product service charge for that animal that is payable to the Commission in

respect of that fiscal year.

Refund of service charges

6(1) The service charges that are paid by a producer are, at the request

of the producer, refundable to that producer.

(2) A request for a refund of the service charge is to

(

a) be made in writing on a form provided by the Commission, and

(

b) contain the following information:

(

i) the producer's name;

(ii) the producer's mailing address and telephone

number;

(iii) the producer's farm licence number;

(iv) whether a refund is being requested for

(

A) the product service charge and, if so,

the number of animals in respect of which the refund is being requested,

(

B) the base service charge and, if so, the

proportion or amount of the base service charge being requested as a

refund, or

(

C) both the product service charge under

paragraph (

A) and the base service charge under paragraph (B);

(

v) any other information not referred to in subclauses

(

i) to (iv) concerning the refund as requested by the Commission.

(3) Requests for refunds of any service charges collected during the

immediate previous fiscal year must be received by the Commission at its

official office prior to the end of April of the current fiscal year.

(4) Any request for a refund that is not received by the Commission within

the time period specified under subsection (3) is not to be accepted by the

Commission for the purpose of making a refund and the producer is not

entitled to a refund in respect of which the request was made.

(5) Notwithstanding subsection (4), the Commission may, if it is satisfied

that extenuating circumstances exist that warrant its doing so, accept an

application for the purpose of making a refund where the application is

received after the applicable time period referred to in subsection (3).

(6) The Commission is to refund the service charge to the producer,

(

a) where the request for the refund is received pursuant to

subsection (3), within 120 days after the end of the period to which the

request for the refund relates, and

(

b) where the request for the refund is received and accepted

pursuant to subsection (5), within 90 days after receipt of the request for

the refund.

Information

7(1) The Commission may require a producer to provide, in a manner that is

satisfactory to the Commission, the following:

(

a) information that is satisfactory to the Commission establishing

(

i) that the producer

(

A) owns or otherwise has a commercial

interest in elk, or

(

B) boards elk under that producer's farm

licence;

(ii) what other persons, if any, have a commercial or

other interest in elk that are boarded under that producer's farm licence;

(iii) whether that producer owns or otherwise has a

commercial or other interest in elk that are boarded under another

producer's farm licence;

(

b) information that is reasonably required by the Commission

relating to the determination of, the collection of or the administration

of the base service charge and the product service charge that is payable

or that may be payable by that producer;

(

c) information that sets out

(

i) the amount of regulated product produced or

marketed by that producer and the details relating to the production of the

regulated product, and

(ii) the amount of regulated product marketed by that

producer and the manner in which the regulated product is marketed;

(

d) any other general information relating to production of the

regulated product that the Commission requires to carry out its purposes

under the Act and the Plan.

(2) The producer must complete and send to the Commission by April 30 in

each year any information required by the Commission respecting the base

service charge and the product service charge that is or that may be

payable by the producer.

Use of funds

8(1) The service charges and any other money payable to or received by the

Commission is to be used to pay the Commission's expenses and to administer

the Plan and the regulations made by the Commission.

(2) Subject to subsection (1), funds received by the Commission by way of

service charges are to be used for the purpose of

(

a) paying for product marketing and other programs operated by the

Commission;

(

b) paying membership fees or dues in other organizations;

(

c) providing specific services or products to eligible producers.

Interest

9 Interest must be paid to the Commission for any late payment of service

charges at the rate of 1% per month compounded monthly on the balance due.

Legal action

10 The Commission may commence and maintain any legal action that is

necessary to enforce the payment of service charges that are payable under

the Plan and this Regulation.

Transitional re base service charge

11(1) For the first year or partial year of operation of the Plan ending

on March 31, 2003, the base service charge for that year in the amount of

$150 is due and, subject to

section 13, payable to the Commission by the

producers referred to in

section 2(1)(

a) and (b)(

i) on the 30th day from

day of the establishment of the Commission.

(2) If a producer to whom subsection (1) applies has paid to the Alberta

Elk Association the $150 membership dues payable for the October 1, 2001 to

September 30, 2002 fiscal year of the Association, that producer is

considered to have paid the base service charge referred to in subsection

(1).

(3) For the first year or partial year of operation of the Plan ending on

March 31, 2003, the base service charge for that year in the amount of $150

is due and, subject to

section 13, payable to the Commission by a producer

referred to in

section 2(1)(b)(ii) on the 30th day from the day of the

establishment of the Commission if that producer has advised the Commission

that the producer wishes to be assessed the base service charge.

(4) If a producer to whom subsection (3) applies has paid to the Alberta

Elk Association the $100 associate membership dues payable for the October

1, 2001 to September 30, 2002 fiscal year of the Association, the producer

is considered to have paid $100 towards the $150 base service charge

referred to in subsection (3).

Transitional re product service charge

12 For the first year or partial year of operation of the Plan ending on

March 31, 2003 the product service charge for that year in the amount of

$2.00 per mature elk is due and, subject to

section 13, payable to the

Commission by the producer on the 30th day from the day of the

establishment of the Commission.

Transitional re payment of service charges

13(1) For the first year or partial year of the operation of the Plan

ending on March 31, 2003 each producer who, under

section 11, is to pay a

base service charge to the Commission must pay the base service charge to

the Commission within 30 days from the interim billing date for that

payment as set by the Commission.

(2) For the first year or partial year of the operation of the Plan ending

on March 31, 2003 each producer who, under

section 12, is to pay a product

service charge must pay the product service charge to the Commission within

30 days from the day of the establishment of the Commission.

Expiry

14 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, 2008.

Alberta Regulation 257/2002

Safety Codes Act

FIRE CODE AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 534/2002) on November 27,

2002 pursuant to

section 65 of the Safety Codes Act.

1 The Fire Code Regulation (AR 52/98) is amended by this Regulation.

2 The following is added after

section 1:

Disclaimer

1.1 The Code declared in force in this Regulation, and any codes

and standards referenced in that Code, do not make or imply any assurance

or guarantee by the Crown in right of Alberta with respect to the life

expectancy, durability or operating performance of materials, appliances,

systems and equipment referred to in that Code or those codes or standards.

Section 3 is repealed.

------------------------------

Alberta Regulation 258/2002

Safety Codes Act

INCLINED PASSENGER LIFTS AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 535/2002) on November 27,

2002 pursuant to

section 65 of the Safety Codes Act.

1 The Regulations Governing the Construction, Operation, Maintenance and

Inspection of Inclined Passenger Lifts (AR 338/62) are amended by this

Regulation.

Section 1 is amended by striking out "for public, private or industrial

use,".

Section 2(3) is repealed.

Section 4 is repealed.

Section 27 is amended

(

a) in subsections (1) and (3) by striking out "the enforcing

authority" and substituting "a safety codes officer";

(

b) in subsection (5)

(

i) by striking out "the enforcing authority" and

substituting "a safety codes officer";

(ii) by striking out "Inspector" and substituting

"safety codes officer".

Section 28 is amended by striking out "Owners of inclined passenger

lifts shall be responsible for maintaining their equipment" and

substituting "Inclined passenger lifts must be maintained".

Section 29 is repealed.

8 The following is added after

section 31:

Expiry

32 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, 2005.

------------------------------

Alberta Regulation 259/2002

Garage Keepers' Lien Act

GARAGE KEEPERS' FORM REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 536/2002) on November 27,

2002 pursuant to

section 11 of the Garage Keepers' Lien Act.

Forms prescribed

1 The form in the

Schedule is the form that is to be used for the

purposes of the Garage Keepers' Lien Act.

Repeal

2 The Forms Regulation (AR 265/99) is repealed.

Expiry

3 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 June 30, 2012.

SCHEDULE

FORM 1

GOVERNMENT SERVICES

Personal Property Registry Civil Enforcement Agency File Number

Warrant

(Garage Keepers' Lien Act)

TO: (Name and address of Civil Enforcement Agency)

You are hereby instructed to seize the following vehicle:

Make Model

Serial number License number

the property of (Name and Address of Owner)

now in the possession of (Name and address of party in possession .

This vehicle is subject to a garage keeper's lien registered in the

Personal Property Registry on the (day) day of (month) , (year)

as Registration Number . Seizure is instructed to realize

the sum of $ plus costs claimed by (Name of Creditor) for:

(Please indicate with an X the reason for the claim.)

storage of motor vehicle or farm vehicle or a part of a motor vehicle

or a farm vehicle

repair of a motor vehicle or farm vehicle or a part of a motor

vehicle or farm vehicle

maintenance of a motor vehicle or farm vehicle or a part of a motor

vehicle or a farm vehicle

price of accessories or parts furnished for a motor vehicle or farm

vehicle or a part of a motor vehicle or a farm vehicle

possession of the motor vehicle or farm vehicle was surrendered to

the owner or the owner's agent on

repairs were completed to the motor vehicle, farm vehicle or part of

a motor vehicle or farm vehicle where the vehicle was not at the time of

repair in the possession of the garage keeper on

accessories or parts were furnished to the motor vehicle or farm

vehicle on

Dated this (day) day of (month) , (year) at (city) , Alberta

(Signature of Instructing Garage Keeper or

Authorized Agent)

(Print Name of Instructing Garage Keeper or Authorized Agent)

(Address of Instructing Garage Keeper or Authorized Agent)

(City) , (Province) (Postal Code)

(Telephone Number) (Fax number)

------------------------------

Alberta Regulation 260/2002

Judgment Interest Act

JUDGMENT INTEREST AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 542/2002) on November 27,

2002 pursuant to

section 4 of the Judgment Interest Act.

1 The Judgment Interest Regulation (AR 364/84) is amended by this

Regulation.

2 The following is added after

section 18:

19 The interest rate from January 1, 2003 to December 31, 2003 is

prescribed at 4.5% per year.

------------------------------

Alberta Regulation 261/2002

Government Organization Act

CALGARY RESTRICTED DEVELOPMENT

AREA AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 543/2002) on November 27,

2002 pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Calgary Restricted Development Area Regulations (AR 212/76) are

amended by this Regulation.

Schedule A is amended

(

a) with respect to land located in Township 22, Range 29, West of

the 4th Meridian,

(

i) by striking out

Sections 20, 29 - Plans 8910947 showing survey for descriptive

purposes

and 30 of a right-of-way for a

Transportation/Utility Corridor,

EXCEPTING THEREOUT

Firstly: Plan 0111026

Secondly: All that area of Road Plan 0012240

which lies to the south of a straight line joining the northwest corner of

Lot 1, Plan 0111026 to the northeast corner of Lot 2, Plan 0111026 and to

the north of Plan 9912332 containing 1.41 hectares (3.48 acres) more or

less

Thirdly: All that area of government road

allowance lying between the north half of

section 20, Township 22, Range

29, West of the Fourth Meridian and the south half of

section 29, Township

22, Range 29, West of the Fourth Meridian, bounded on the west by the west

boundary of Plan 8910947 and bounded on the east by Plans 9912332 and

0012240, containing 0.667 hectares (1.65 acres) more or less

and substituting

Sections 20, 29 - Plans 8910947 showing survey for descriptive

purposes

and 30 of a right-of-way for a

Transportation/Utility Corridor

EXCEPTING THEREOUT

Firstly: Plan 0111026

Secondly: All that area of Road Plan 0012240

which lies to the south of a straight line joining the northwest corner of

Lot 1, Plan 0111026 to the northeast corner of Lot 2, Plan 0111026 and to

the north of Plan 9912332 containing 1.41 hectares (3.48 acres) more or

less

Thirdly: All that area of government road

allowance lying between the north half of

section 20, Township 22, Range

29, West of the Fourth Meridian and the south half of

section 29, Township

22, Range 29, West of the Fourth Meridian, bounded on the west by the west

boundary of Plan 8910947 and bounded on the east by Plans 9912332 and

0012240, containing 0.667 hectares (1.65 acres) more or less

Fourthly: Plan 0112559

(ii) by striking out

Sections 26 and - Plan 8911125 showing survey for descriptive purposes

35 of a right-of-way for a

Transportation/Utility Corridor

and substituting

Sections 26 and - Plan 8911125 showing survey for descriptive purposes

35 of a right-of-way for a

Transportation/Utility Corridor

EXCEPTING THEREOUT

Lot 1, Block 1 of Plan 0211531; Lot 1, Block

3 of Plan 0211531; Lot 1, Block 4 of Plan 0211531 and all that portion of

the road allowance lying adjacent to the north limits of NW 35-22-29-4 and

lying between a line joining the northwest corner of Lot 1, Block 4 and the

southwest corner of Lot 1, Block 3 and a line joining the southeast corner

of Lot 1, Block 3 and the northeast corner of Lot 1, Block 4, all on Plan

(

b) with respect to land located in Township 22, Range 1, West of

the 5th Meridian, by striking out

Section 27 - Plans 8910269 and 9212524 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor

EXCEPTING THEREOUT

Plan 9212069

- including,

Block 25, Plan 8211256;

Parcel A, Plan 8298 H.W.;

Lot 1, Block 1, Plan 8110468

Plan 8211186 of

section 27

and substituting

Section 27 - Plan 8910269 showing survey for descriptive purposes of a

right-of-way for a Transportation/ Utility Corridor

EXCEPTING THEREOUT

Plan 9212069

- including,

Block 25, Plan 8211256;

Parcel A, Plan 8298 H.W.;

Lot 1, Block 1, Plan 8110468;

Plan 8211186 of

section 27

(

c) with respect to land located in Township 25, Range 29, West of

the 4th Meridian,

(

i) by striking out

Sections 33 - Plan 9011894 showing survey for descriptive

and 34 purposes of a right-of-way for a

Transportation/ Utility Corridor

EXCEPTING THEREOUT

Plan 9212240 within the north-west quarter of

section 33

and substituting:

Sections 33 - Plan 9011894 and Area A of Plan 0210555 showing

and 34 survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor

EXCEPTING THEREOUT

Plan 9212240 within the northwest quarter of

section 33

(ii) by striking out

Sections 35 - Plan 9112284 showing survey for descriptive

and 36 purposes of a right-of-way for a

Transportation/ Utility Corridor

and substituting

Sections 35 - Plans 9112284, 0113644 and Area A of Plan

and 36 0210555 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor

EXCEPTING THEREOUT

Plan 0211280 and all that area south of Area

B of Plan 0210555 within the southwest quarter of

section 35

------------------------------

Alberta Regulation 262/2002

Government Organization Act

SHERWOOD PARK WEST RESTRICTED DEVELOPMENT

AREA AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 544/2002) on November 27,

2002 pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Sherwood Park West Restricted Development Area Regulations (AR

45/74) are amended by this Regulation.

2 The

Schedule is amended

(

a) by striking out

The west half of

section thirty-three (33), as shown on Plan

8920406, containing one hundred and sixty (160) acres, more or less, in the

north west quarter and one hundred and forty (140) acres, more or less, in

the south west quarter.

and substituting

The west half of

section thirty-three (33), as shown on Plan

892 0406 showing survey for descriptive purposes of a right-of-way for a

Transportation/Utility Corridor, containing one hundred and sixty

(160) acres, more or less, within the northwest quarter of

section 33; One

hundred and forty (140) acres, more or less, within the southwest quarter

section 33; All that area southwest of Plan 892 0406 within the

southwest quarter of

section 33.

(

b) by striking out

The west halves of sections 4, 9, 16, 21, 28 and 33 of the said

township, as shown upon a map or plan of survey of the said township

approved and confirmed at Ottawa on the 10th day of February, 1899 by E.

Deville, Surveyor General of Dominion Lands, containing one hundred and

sixty (160) acres more or less, in each quarter

section excepting thereout

of the west half of

section 9, Parcel B, Plan 6352 M.C.

and substituting

The west halves of sections 4, 9, 16, 21, 28 and 33 of the said

township, as shown upon a map or plan of survey of the said township

approved and confirmed at Ottawa on the 10th day of February, 1899 by E.

Deville, Surveyor General of Dominion Lands, containing one hundred and

sixty (160) acres, more or less, in each quarter

section EXCEPTING THEREOUT

Parcel B of Plan 6352 M.C. within the west half of

section 9; All that area

of Plan 3585 N.Y. lying between Area A of Plan 972 4073 and Area B of Plan

972 4073; All that area west of Road Plan 762 0325 within the northwest

quarter of

section 33.

------------------------------

Alberta Regulation 263/2002

Health Insurance Premiums Act

HEALTH INSURANCE PREMIUMS AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 545/2002) on November 27,

2002 pursuant to

section 2 of the Health Insurance Premiums Act.

1 The Health Insurance Premiums Regulation (AR 217/81) is amended by this

Regulation.

Section 1 is amended

(

a) in subsection (1) by striking out "A term" and substituting

"Except where a term is defined in subsection (2), a term";

(

b) in subsection (2)

(

i) by adding the following after clause (a):

(a.01) "benefit period" means a period

of 12 consecutive months commencing on April 1 in each year;

(ii) in clause (a.1) by striking out "section 18.4" and

substituting "section 24";

(iii) in clause (

b) by striking out "section 11" and

substituting "section 12";

(iv) in clause (

c) by striking out "section 8" and

substituting "section 9";

(

v) in clause (

e) by striking out "section 9" and

substituting "section 10";

(vi) in clause (

g) by striking out "section 7" and

substituting "section 8".

Section 2 is amended by striking out "section 4 or 4.1" and

substituting "section 4 or 5".

Section 5 is amended by striking out "section 4.1" and substituting

"section 5".

5 The following is added after

section 8:

8.01(1) In this section, "material change" means, with respect to a

registrant's account,

(

a) a change in a registrant's account category from

one to another of the following:

(

i) single;

(ii) family with no children;

(iii) family with children;

(

b) a change in the amount of taxable income arising

out of the loss or acquisition by the registrant of a spouse or common-law

spouse.

(2) Notwithstanding

section 8, where at any time during a benefit

period a registrant who is receiving a subsidized premium experiences a

material change that could affect the registrant's eligibility with respect

to a subsidized premium or the amount of the subsidy, the Minister may

reassess the subsidized premium based on the material change.

Section 8.1 is amended by striking out "section 13" and substituting

"section 14".

Section 8.3 is repealed and the following is substituted:

8.3(1) A registrant is not liable for the payment of premiums for

Alberta Blue Cross Plan non-group membership on behalf of the registrant,

the registrant's spouse or the registrant's dependants, if the registrant

(a) 65 years of age or over or the registrant's spouse

is 65 years of age or over, or

(

b) eligible for receipt of benefits under the Widows'

Pension Act.

(2) This

section is effective with respect to a registrant,

(

a) on the date on which the registration becomes

effective, where at the time of registration

(

i) the registrant or the spouse of the

registrant is 65 years of age or over, or

(ii) the registrant is deemed eligible for

benefits under the Widows' Pension Act,

(

b) on the first day of the first month following the

65th birthday of the registrant or the registrant's spouse, where the

birthday occurs after the effective date of the registration,

(

c) on the 65th birthday of the registrant or the

registrant's spouse, where the birthday falls on the first day of a month

and occurs after the effective date of registration, or

(

d) on the first day of the month in which a registrant

becomes eligible for receipt of benefits under the Widows' Pension Act,

where eligibility occurs after the effective date of the registration.

(3) The exemption from liability for the payment of premiums under

subsection (1) ceases at the end of the 2nd month following the month in

which the death occurs, as the case may be,

(

a) of the registrant or the registrant's spouse who

was 65 years of age or over at the time of death, or

(

b) of a registrant who is in receipt of benefits under

the Widows' Pension Act.

(4) Where a registrant who is in receipt of benefits under the

Widows' Pension Act ceases to be eligible to receive those benefits for

reasons other than death, the exemption from liability for the payment of

premiums under subsection (1) ceases at the end of the same month in which

the registrant ceased to be eligible to receive the benefits under the

Widows' Pension Act.

Section 9(1) is amended by striking out "section 13" and substituting

"section 14".

Section 10 is amended by adding the following after subsection (1):

(1.1) Notwithstanding subsection (1), the Minister is not required

to send a premium notice under subsection (1) where the registrant is not

in arrears in the payment of premiums and

(

a) the registrant has entered into an arrangement that

is satisfactory to the Minister for the payment of the premiums, or

(

b) the registrant does not have Alberta Blue Cross

Plan non-group coverage and

(

i) is receiving full premium assistance,

(ii) any premiums payable by the registrant

have been declared as forgone revenue.

10 The following is added after

section 10:

10.1 The Minister may deem premiums payable by a non-senior

registrant as foregone revenue,

(

a) where that registrant is a directly billed account

holder whose quarterly premium billable amount is less than $10, or

(

b) where, in respect of that registrant, an account is

billed through a group plan and the monthly premium payable is $3.33 or

less.

Section 12(

a) is amended

(

a) in subclause (

i) by striking out "The Social Development Act"

and substituting "the Social Development Act" and by striking out "The

Assured Income For the Severely Handicapped Act" and substituting "the

Assured Income for the Severely Handicapped Act";

(

b) in subclause (ii) by striking out "mental health care";

(

c) in subsection (

v) by striking out "The Alberta Health Care

Insurance Act" and substituting "the Health Insurance Premiums Act".

Section 13 is amended

(

a) in subsection (1) by striking out "section 7" and substituting

"section 8";

(

b) in subsection (2)(

g) by striking out "section 18.5" and

substituting "section 25".

Section 18(1) is amended by striking out "section 12" and substituting

"section 13".

Section 29 is amended by striking out "section 18.5" and substituting

"section 25".

Section 30(4) is repealed and the following is substituted:

(4) A registrant shall not register that registrant's child if that

child was born outside of Alberta except where

(

a) a parent of the child was, at the time of that

child's birth, a resident of Alberta but temporarily absent from Alberta,

and

(

b) it is the intent of the parent who is a resident of

Alberta that the child will reside in Alberta when the parent's temporary

absence from Alberta ends.

(4.1) The coverage under the Plan for a child who is registered

under subsection (4) is effective on the date of the child's birth.

16 The following is added after

section 33:

34 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 February 28, 2011.

------------------------------

Alberta Regulation 264/2002

Marketing of Agricultural Products Act

ALBERTA CATTLE COMMISSION PLAN

AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 546/2002) on November 27,

2002 pursuant to

section 23 of the Marketing of Agricultural Products Act.

1 The Alberta Cattle Commission Plan Regulation (AR 272/97) is amended by

this Regulation.

2 The Title is amended by striking out "CATTLE COMMISSION" and

substituting "BEEF PRODUCERS".

Section 1 is amended

(

a) by adding the following after clause (a):

(a.1) "Canada Act" means the Farm Products Agencies Act

(Canada);

(a.2) "Canada Board" means the Canadian Beef Cattle

Research, Market Development and Promotion Agency;

(

b) in clause (

d) by striking out "the Alberta Cattle Commission"

and substituting "Alberta Beef Producers";

(

c) in clause (

k) by striking out "Cattle Commission" and

substituting "Beef Producers";

(

d) by repealing clause (

m) and substituting the following:

(m) "producer" means

(

i) a person who raises, feeds or owns

cattle,

(ii) a person who takes possession of cattle

from a producer under a security interest or any other security for a debt,

(iii) a person who under any arrangement is

entitled to a share of the cattle raised by a producer or any portion of

the revenue derived from the sale of the cattle;

Section 3 is amended by striking out "the name "Alberta Cattle

Commission Plan"" and substituting "the name "Alberta Beef Producers

Plan"".

Section 7 is repealed and the following is substituted:

Commission continued

7 The Alberta Cattle Commission is hereby continued with the name

"Alberta Beef Producers".

Section 8(2) is amended by adding the following after clause (f):

(f.1) may enter into any agreement with the Canada Board to support

the establishment and operation of a promotion-research agency under the

Canada Act;

(f.2) may make payments to the Canada Board in accordance with an

agreement referred to in clause (f.1) or

section 11.2;

Section 9(1) is amended by adding the following after clause (e):

(

f) providing for payment to the Canada Board of money that is

payable under the Canada Act.

8 The following is added after

section 11:

Powers under Canada Act

11.1 In accordance with

section 50 of the Act, the Commission may,

with respect to the purposes of the Plan, be authorized to perform any

function or duty and exercise any power imposed or conferred on the

Commission by or under the Canada Act.

Agreements

11.2 In accordance with

section 51 of the Act, the Commission may

become a party to an agreement referred to in

section 51 of the Act.

Section 16 is amended

(

a) in subsection (1) by striking out "that individual" and

substituting "that eligible producer";

(

b) in subsection (1.1) by striking out "An eligible producer who"

and substituting "An eligible producer to which this

section applies who";

(

c) in subsection (2) by striking out "who is an individual" and

substituting "to which this

section applies".

Section 17 is amended

(

a) in subsection (1.1) by striking out "An eligible producer who"

and substituting "An eligible producer to which this

section applies who";

(

b) by repealing subsection (3) and substituting the following:

(3) A representative of an eligible producer must reside in

the zone or, in the case of zone 9, in the sub-zone, in which the rights of

the eligible producer are exercised in accordance with subsection (1.1).

(

c) in subsection (5) by striking out "appointed by an eligible

producer under this section" and substituting "of an eligible producer";

(

d) in subsection (7) by adding "of an eligible producer" after

"rights";

(

e) in subsection (8) by adding "to which this

section applies"

after "If an eligible producer";

(

f) in subsection (9) by striking out "under this section" and

substituting "of an eligible producer".

Section 20 is amended by adding "or appointed" after "elected".

Section 23(

c) is repealed and the following is substituted:

(

c) where less than the required number of zone delegates have been

declared elected by acclamation, the zone delegates who have been declared

elected shall appoint eligible producers to the remaining positions and the

eligible producers so appointed shall, subject to the approval of the Board

of Directors, hold office as if elected.

Section 24(

e) is repealed and the following is substituted:

(

e) where less than the required number of zone delegates and

sub-zone delegates have been declared elected by acclamation, the zone

delegates and sub-zone delegates who have been declared elected shall

appoint eligible producers to the remaining positions and the eligible

producers so appointed shall, subject to the approval of the Board of

Directors, hold office as if elected.

Section 25 is repealed and the following is substituted:

Election and appointment of delegates re producer associations

25(1) In the case of producer associations,

(

a) each of the producer associations may elect or

appoint one or more producer association delegates as follows to represent

the producer association:

(

i) the Alberta Canada All Breeds

Association (1984) may elect or appoint one delegate;

(ii) the Alberta Cattle Feeders' Association

may elect or appoint 2 delegates;

(iii) Alberta Milk may elect or appoint one

delegate;

(iv) the Feeder Associations of Alberta Ltd.

may elect or appoint 2 delegates;

(

v) the Western Stock Growers Association

may elect or appoint 2 delegates;

(

b) each producer association shall elect or appoint

its producer association delegate or delegates, as the case may be, before

November 15 in the year in which an election or appointment is to take

place;

(

c) where less than or only a sufficient number of

eligible producers have been nominated to fill the required number of

positions of producer association delegate for a producer association, the

producer association shall declare the eligible producers nominated as

being elected by acclamation;

(

d) where less than the required number of producer

association delegates for a producer association have been declared elected

by acclamation, the producer association shall appoint eligible producers

to the remaining positions and the eligible producers so appointed shall

hold office as if elected.

(2) The procedure to be followed by a producer association in the

election or appointment of its producer association delegates is the

responsibility of the producer association and not the Commission.

Section 27 is amended

(

a) in subsection (3)(

a) by adding "or appointed" after "elected";

(

b) by repealing subsection (6) and substituting the following:

(6) For the purpose of determining the number of consecutive

terms that an eligible producer may serve as a zone delegate, sub-zone

delegate or producer association delegate, an unexpired term of office

served by a zone delegate, sub-zone delegate or producer association

delegate who is appointed or elected pursuant to

section 28, 29, 30, 31 or

74 shall, if it exceeds 12 months, be considered to be a term of office.

(

c) in subsection (7)(

b) by striking out "the eligible producer"

wherever it occurs and substituting "an eligible producer";

(

d) in subsection (8)(

b) by striking out "the eligible producer"

wherever it occurs and substituting "an eligible producer".

Section 28(1) and (2) are amended by striking out "to serve" and

substituting "who shall, subject to the approval of the Board of Directors,

serve".

Section 30 is amended

(

a) in subsection (3)(

a) by striking out "appoint" and substituting

"elect";

(

b) in subsection (3)(

b) by striking out "appointed" and

substituting "elected";

(

c) in subsection (4)(

a) by striking out "appoint" and substituting

"elect";

(

d) in subsection (4)(

b) by striking out "appointed" and

substituting "elected".

Section 32(1)(b)(

i) is amended by striking out "within" before "or

carry on".

Section 33(1)(b)(

i) is amended by striking out "within" before "or

carry on".

Section 34(1) and (2) are repealed and the following is substituted:

Notification of zone and sub-zone meetings

34(1) In the case of zones 1 to 8, where an annual zone meeting or a

special zone meeting is to be held, the Board of Directors shall give

notice of the meeting to the eligible producers residing or carrying on

business within the zone in which the meeting is to be held by publishing a

notice, not less than 2 weeks before the meeting takes place as follows:

(

a) in the case of an annual zone meeting

(

i) in the official Commission newsletter,

and

(ii) in a newspaper circulating in the zone;

(

b) in the case of a special zone meeting in a

newspaper circulating in the zone.

(2) In the case of zone 9,

(

a) where an annual sub-zone meeting or special

sub-zone meeting is to be held, the Board of Directors shall give notice of

the meeting to the eligible producers residing or carrying on business

within the sub-zone in which the meeting is to be held by publishing a

notice, not less than 2 weeks before the meeting takes place as follows:

(

i) in the case of an annual sub-zone

meeting

(

A) in the official Commission

newsletter, and

(

B) in a newspaper circulating

in the zone;

(ii) in the case of a special sub-zone

meeting in a newspaper circulating in the zone;

(

b) where a special zone meeting is to be held, the

Board of Directors shall give notice of the meeting to the eligible

producers residing or carrying on business within the zone by publishing a

notice, not less than 2 weeks before the meeting takes place in a newspaper

circulating in the zone.

Section 39(5) is repealed and the following is substituted:

(5) Where a zone director for a zone has not been elected under

subsections (1), (2) or (3) and has not been declared elected by

acclamation under subsection (4), the Board of Directors shall

(

a) in the case of zones 1 to 8, appoint a zone

delegate to the position of zone director and the zone delegate so

appointed shall, subject to the approval of the Council, hold office as if

elected, and

(

b) in the case of zone 9, appoint a zone delegate or

sub-zone delegate to the position of zone director and the zone delegate or

sub-zone delegate so appointed shall, subject to the approval of the

Council, hold office as if elected.

Section 40 is amended

(

a) in subsection (2) by striking out "returning office" and

substituting "returning officer";

(

b) in subsection (3) by adding ", subject to the approval of the

Council," after "appointed shall".

Section 43(2) is repealed and the following is substituted:

(2) Where a director at large ceases to hold office before the

expiry of that director's term of office, the Board of Directors shall

appoint another zone delegate, sub-zone delegate or producer association

delegate as a director at large to serve, subject to the approval of the

Council, for the unexpired portion of that term of office.

Section 44 is amended

(

a) in subsection (1)(b)(

i) by striking out "appoint" and

substituting "elect";

(

b) in subsection (1)(b)(ii) by striking out "appointed" and

substituting "elected";

(

c) in subsection (2)(b)(

i) by striking out "appoint" and

substituting "elect";

(

d) in subsection (2)(b)(ii) by striking out "appointed" and

substituting "elected".

Section 45 is amended

(

a) in subsection (2)(

a) by striking out "appoint" and substituting

"elect";

(

b) in subsection (2)(

b) by striking out "appointed" and

substituting "elected".

Section 63 is amended by renumbering it as

section 63(1) and by adding

the following after subsection (1):

(2) The Commission is entitled to be the provincial cattle

association as defined by the Proclamation establishing the Canada Board

and may pay $1 from each $2 service charge to the Canada Board for services

performed by the Canada Board on behalf of the Commission pursuant to any

agreement entered into between the Commission and the Canada Board.

Section 64 is repealed and the following is substituted:

Eligibility to vote re individual

64 Where an eligible producer is an individual, that eligible

producer may vote in an election or on any matter under this Plan only if

(

a) the eligible producer's name appears on the current

voters list, or

(

b) the eligible producer, prior to the vote being

cast, makes a declaration stating that he or she

(

i) is an eligible producer,

(ii) resides and is a producer within the

zone or sub-zone in which the election or vote is being held or is a

producer within the zone or sub-zone in which the election or vote is being

held and is not a producer within the zone or sub-zone in which the

eligible producer resides,

(iii) has not previously voted in the

election or on the matter in respect of which the eligible producer wishes

to cast a vote in either the zone or sub-zone in which the election or vote

is being held or in any other zone or sub-zone, and

(iv) has not been appointed as the

representative of an eligible producer for the purpose of the election or

the matter in respect of which the eligible producer wishes to cast a vote.

Section 77 is amended by striking out "December 31, 2002" and

substituting "July 1, 2008".

------------------------------

Alberta Regulation 265/2002

Marketing of Agricultural Products Act

SUGAR BEET MARKETING PLAN AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 547/2002) on November 27,

2002 pursuant to

section 23 of the Marketing of Agricultural Products Act.

1 The Sugar Beet Marketing Plan Regulation (AR 275/97) is amended by this

Regulation.

Section 45 is amended by striking out "December 31, 2002" and

substituting "November 30, 2007".

------------------------------

Alberta Regulation 266/2002

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 548/2002) on November 27,

2002 pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans

Act.

1 The Local Authorities Pension Plan (AR 366/93) is amended by this

Regulation.

2 The following provisions are amended by striking out "Provincial

Treasurer" wherever it occurs and substituting "Minister of Finance":

section 12

section 17(1)

section 23(3) and (4)

section 28

section 106

section 111(1) and (2)

section 112(1) and (2).

Alberta Regulation 267/2002

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 549/2002) on November 27,

2002 pursuant to

Schedule 2,

section 4 of the Public Sector Pension Plans

Act.

1 The Public Service Pension Plan (AR 368/93) is amended by this

Regulation.

2 The following provisions are amended by striking out "Provincial

Treasurer" wherever it occurs and substituting "Minister of Finance":

section 12

section 17(1)

section 23(3) and (4)

section 28

section 106

section 111(1) and (2)

section 112(1) and (2).

------------------------------

Alberta Regulation 268/2002

Public Sector Pension Plans Act

SPECIAL FORCES PENSION PLAN AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 550/2002) on November 27,

2002 pursuant to

Schedule 4,

section 4 of the Public Sector Pension Plans

Act.

1 The Special Forces Pension Plan (AR 369/93) is amended by this

Regulation.

2 The following provisions are amended by striking out "Provincial

Treasurer" wherever it occurs and substituting "Minister of Finance":

section 12

section 17(1)

section 23(3) and (4)

section 28

section 106

section 111(1) and (2)

section 112(1) and (2).

Section 68 is amended by striking out "Nothwithstanding" and

substituting "Notwithstanding".

------------------------------

Alberta Regulation 269/2002

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN

AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 551/2002) on November 27,

2002 pursuant to

Schedule 5,

section 4 of the Public Sector Pension Plans

Act.

1 The Management Employees Pension Plan (AR 367/93) is amended by this

Regulation.

2 The following provisions are amended by striking out "Provincial

Treasurer" wherever it occurs and substituting "Minister of Finance":

section 12

section 17(1)

section 23(3) and (4)

section 28

section 106

section 111(1) and (2)

section 112(1) and (2).

Alberta Regulation 270/2002

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)

AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Lieutenant Governor in Council (O.C. 552/2002) on November 27,

2002 pursuant to

section 12 of Schedules 1, 2, 4 and 5 of the Public Sector

Pension Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR

365/93) is amended by this Regulation.

2 The following provisions are amended by striking out "Provincial

Treasurer" wherever it occurs and substituting "Minister of Finance":

section 12(2)

section 15(1), (2) and

(3) Schedule 1, sections 3(d), 3.1(3), 10(c), 15(1), (4), (6) and (7),

18(2), (4), (5), (6), (7) and

(8) Schedule 4, sections 3(

g) and 3.1(3)

Schedule 5, sections 3.1(3), 24.2(e), 24.8(1) and (4), 24.82(4),

24.84(1) and (2), 24.85(1) and (3).

Section 16.1 is repealed.

------------------------------

Alberta Regulation 271/2002

Marketing of Agricultural Products Act

HOG REGISTRATION, LICENSING AND UNIVERSAL SERVICE

CHARGE AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Alberta Pork Producers' Development Corporation on August 21,

2002 pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Hog Registration, Licensing and Universal Service Charge Regulation

(AR 285/96) is amended by this Regulation.

Section 13(1) is amended by striking out "last day" and substituting

"15th".

Section 18(1)(

c) is amended by striking out "last day" and substituting

"15th".

4 This Regulation comes into force on January 1, 2003.

------------------------------

Alberta Regulation 272/2002

Marketing of Agricultural Products Act

ALBERTA SUGAR BEET GROWERS AUTHORIZATION

AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Alberta Agricultural Products Marketing Council on October 30,

2002 pursuant to sections 26 and 27 of the Marketing of Agricultural

Products Act.

1 The Alberta Sugar Beet Growers Authorization Regulation (AR 286/97) is

amended by this Regulation.

Section 6 is amended by striking out "December 31, 2002" and

substituting "November 30, 2007".

------------------------------

Alberta Regulation 273/2002

Marketing of Agricultural Products Act

ALBERTA SUGAR BEET GROWERS NEGOTIATION, MEDIATION

AND ARBITRATION AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Alberta Agricultural Products Marketing Council on October 30,

2002 pursuant to

section 33 of the Marketing of Agricultural Products Act.

1 The Alberta Sugar Beet Growers Negotiation, Mediation and Arbitration

Regulation (AR 285/97) is amended by this Regulation.

Section 7(2) is repealed.

Section 16 is repealed and the following is substituted:

Staff

16 For the purposes of any arbitration under this Regulation, an

arbitration board

(

a) may be assisted by persons that it considers

necessary to carry out its functions, and

(

b) may make use of the available administrative

services of the Council.

Section 23 is amended

(

a) in subsection (2) by striking out "and inspect matters referred

to it as it considers necessary";

(

b) by repealing subsection (3).

5 Sections 29, 34 and 38 are repealed.

Section 39 is amended by striking out "December 31, 2002" and

substituting "November 30, 2007".

------------------------------

Alberta Regulation 274/2002

Marketing of Agricultural Products Act

SUGAR BEET PRODUCTION AND MARKETING

AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Alberta Sugar Beet Growers on November 13, 2002 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Sugar Beet Production and Marketing Regulation (AR 287/97) is

amended by this Regulation.

Section 31(5)(

b) is amended by striking out "Irrigation Act" and

substituting "Irrigation Districts Act".

Section 32 is amended by striking out "2%" and substituting "4%".

Section 51 is amended by striking out "December 31, 2002" and

substituting "November 30, 2007".

Alberta Regulation 275/2002

Marketing of Agricultural Products Act

TURKEY PRODUCERS AUTHORIZATION AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Alberta Agricultural Products Marketing Council on September

17, 2002 pursuant to sections 26 and 27 of the Marketing of Agricultural

Products Act.

1 The Turkey Producers Authorization Regulation (AR 112/98) is amended by

this Regulation.

Section 5 is amended by striking out "December 31, 2002" and

substituting "May 31, 2008".

------------------------------

Alberta Regulation 276/2002

Marketing of Agricultural Products Act

TURKEY MARKETING AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Alberta Turkey Producers on November 12, 2002 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Turkey Marketing Regulation (AR 113/98) is amended by this

Regulation.

Section 2(

h) is amended by striking out "and penalties" and

substituting ", licence fees and levies".

Section 6 is repealed and the following is substituted:

Suspension or cancellation of licence

6(1) The Board may suspend or cancel a licence for any reason the

Board considers appropriate.

(2) If the Board suspends or cancels a licence, it shall forthwith

give notice to the person to whom the licence was issued of the suspension

or cancellation.

(3) If the Board suspends or cancels a licence, the person to whom

the licence was issued

(

a) shall, on receiving notice of the suspension or

cancellation, immediately cease engaging in the activity that was

authorized by the licence, and

(

b) may apply to the Board for an order staying the

suspension or cancellation pending the determination of an appeal under

Part 5 of the Act.

Section 7(1)(

a) is amended by adding ", including the number of turkey

poults placed" after "producer".

Section 10 is repealed and the following is substituted:

Service charge

10(1) A processor who purchases turkeys from a producer shall

(

a) deduct from the purchase price payable to the

producer a service charge in the amount set by the Board in an order under

subsection (4), and

(

b) forward to the Board the service charge, with an

accounting for the service charge on a form prescribed by the Board, in

time to reach the Board office not later than Wednesday of the week

following the week in which the service charge was deducted.

(2) A producer who processes turkeys shall

(

a) pay to the Board a service charge in the amount set

by the Board in an order under subsection (4), and

(

b) forward to the Board the service charge, with an

accounting for the service charge, in time to reach the Board office not

later than Wednesday of the week following the week in which the turkeys

are processed.

(3) Interest at the rate prescribed by the Board in an order under

subsection (4) is payable on unpaid service charges.

(4) The Board shall, by order, from time to time prescribe

(

a) the amount of the service charge for the purposes

of subsections (1) and (2), which must be an amount per kilogram of live

weight of turkey purchased or processed, as the case may be, and

(

b) the interest rate for the purposes of subsection

(3).

(5) Notwithstanding subsections (1), (2) and (3),

(

a) until the Board prescribes a different amount under

subsection (4), the service charge for the purposes of subsections (1) and

(2) is $0.038 per kilogram of live weight of turkeys purchased or

processed, and

(

b) until the Board prescribes a different interest

rate under subsection (4), the interest rate for the purposes of subsection

(2) is 12% per year.

Section 12 is amended

(

a) in subsection (4) by striking out "shall" and substituting

"must";

(

b) by repealing subsections (5) to (10).

7 The following is added after

section 12:

Base quota increases

12.1(1) When the Board considers that general marketing conditions

warrant a permanent increase in base quota, that increase must be allocated

by the Board by auction in accordance with this section.

(2) The Board shall ensure that quota is allocated by auction to

producers and to persons eligible to receive licences as producers based on

the amount of quota allocation fee the producer or person offers and pays

to the Board.

(3) A producer and any person who is eligible to receive a licence

as a producer may participate in the auction.

(4) Any person wishing to participate in the auction must provide

evidence to the Board, in the form specified by the Board, that satisfies

the Board as to the person's financial capability to pay the quota

allocation fee.

(5) The amount of the allocation fee paid by a person acquiring

quota units by auction pursuant to this

section must be determined by the

amount of the successful bid made by that person for the block of quota

units being offered.

(6) The Board may allocate quota to the successful bidders in

accordance with their bids if the Board is satisfied that the bidders have

complied with this Regulation.

(7) The Board may establish procedures for the conduct of an

auction.

Section 13 is repealed.

Section 14(14) is repealed and the following is substituted:

(14) Unless otherwise permitted by the Board, a producer to whom

base quota is allocated or transferred under this Regulation must commence

production of turkeys within 12 months after the date on which the base

quota is allocated or transferred.

Section 15 is amended

(

a) in subsection (2) by striking out "shall" and substituting

"must";

(

b) in subsection (3) by striking out "shall remain" and

substituting "remains";

(

c) by repealing subsection (5).

Section 16(2) is amended by striking out "shall" and substituting

"must".

Section 17 is amended

(

a) by repealing subsections (3) and (4) and substituting the

following:

(3) An application to the Board for a transfer of a base quota under

this

section must be made prior to the completion of the sale or assignment

of the production facility but, if approved, the new base quota does not

take effect and the old base quota may not be cancelled until the

completion of the transaction and the filing of any proof of the completion

of the transaction that the Board requires.

(4) An application under subsection (3) must be made by the producer

who is selling or assigning the production facility and must be accompanied

by a transfer fee of $100.

(

b) in subsection (5) by striking out "the transfer fee shall be

waived" and substituting "no transfer fee is payable".

Section 24 is amended

(

a) in subsection (3)(

b) by striking out "penalty" and substituting

"levy";

(

b) by repealing subsection (8) and substituting the following:

(8) A producer shall forward a levy under subsection (3) to

the Board office not later than 30 days after the receipt of a levy notice

from the Board, unless the Board agrees to an alternate payment

arrangement.

(

c) by repealing subsection (9) and substituting the following:

(9) Interest at the rate of 12% per year is payable on unpaid levies

under this section.

(

d) in subsection (10) by striking out "penalty levied" and

substituting "levy";

(

e) in subsections (11) and (12) by striking out "penalty" and

substituting "levy".

Section 25 is amended

(

a) by repealing subsections (3) and (4) and substituting the

following:

(3) A producer shall not produce for export an amount of turkey that

is greater than the amount of

(

a) the producer's quota, in a case where the producer

holds the quota, or

(

b) the lessor's quota, in a case where

section 15

applies.

(4) Notwithstanding subsection (3), a producer may produce for

export an amount of turkey that is greater than the amount of the quota

referred to in subsection (3) if

(

a) the producer submits to the Board for the Board's

approval a detailed plan with respect to the amount of turkey that the

producer wishes to produce for export,

(

b) the Board has given authorization to the producer

to produce for export that greater amount of turkey as specified in the

authorization, and

(

c) the exportation of the turkey is carried out in

accordance with the policy established by the Canadian Turkey Marketing

Agency.

(

b) by repealing subsection (6) and substituting the following:

(6) Where the producer and the processor comply with this section,

the Board shall issue export credits to them in respect of the exported

turkeys.

Section 31 is amended by striking out "December 31, 2002" and

substituting "May 31, 2008".

------------------------------

Alberta Regulation 277/2002

Marketing of Agricultural Products Act

EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

Filed: November 27, 2002

Made by the Alberta Egg Producers Board on September 11, 2002 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Egg Production and Marketing Regulation (AR 293/97) is amended by

this Regulation.

Section 1 is amended by adding the following after clause (d):

(d.1) "eggs for processing quota" means the number of dozens of eggs

that a producer is entitled to market to a processor in accordance with the

Canadian Egg Marketing Agency Quota Regulations, 1986 (Canada);

3 The following is added after

section 10.1:

Eggs for processing quota

10.2 The Board may issue eggs for processing quota to producers who

are qualified to be issued that quota under the programs in respect of

which that quota is issued.

Section 12(3) is amended by striking out "3" and substituting "5".

Section 13(6)(

c) is amended by striking out "3" and substituting "5".

Section 14(4) is amended by striking out "3" and substituting "5".

Section 24(1) is repealed and the following is substituted:

Service charges for registered producers

24(1) A registered producer must pay to the Board an annual service

charge, in an amount set by the Board from time to time, for the number of

hens prescribed in that registered producer's possession quota.

Section 24.1(1) is amended by striking out "of $.245 per dozen" and

substituting ", in an amount set by the Board from time to time, for any".

Section 29 is amended

(

a) in subsection (3) by striking out "3" and substituting "5";

(

b) in subsection (4) by striking out "3" and substituting "5".

10 The following is added after

section 29:

Retention of quota by Board

29.1 Notwithstanding

section 12(1)(a), the Board may, for the

purposes of facilitating any policy or program implemented or carried out

by the Board, retain as much quota as the Board considers necessary from

any increase in quota.

Acquisition of quota from producers

29.2 The Board may acquire quota directly from registered

producers.

Disposition of quota acquired by the Board

29.3 Any quota obtained or otherwise acquired by the Board under

sections 8(6), 12(1) or (3), 17, 28(7), 29(4), 29.1 or 29.2 may be

allotted, transferred or leased to registered producers as the Board

considers appropriate.

11 The following is added after

section 30:

Transitional

30.1 Any transaction respecting the allotment, transfer or lease of

additional quota that was commenced but not completed before the coming

into force of this

section shall be completed under this Regulation as it

read immediately before the coming into force of this section.

Section 32 is amended by striking out "December 31, 2002" and

substituting "May 31, 2009".

Alberta Regulation 278/2002

Marketing of Agricultural Products Act

ALBERTA CATTLE COMMISSION AUTHORIZATION

AMENDMENT REGULATION

Filed: November 28, 2002

Made by the Alberta Agricultural Products Marketing Council on October 30,

2002 pursuant to sections 26 and 27 of the Marketing of Agricultural

Products Act.

1 The Alberta Cattle Commission Authorization Regulation (AR 187/98) is

amended by this Regulation.

2 The title is amended by striking out "CATTLE COMMISSION" and

substituting "BEEF PRODUCERS".

Section 1(1) is amended

(

a) by adding the following after clause (a);

(a.1) "Canada Act" means the Farm Products Agencies Act

(Canada);

(a.2) "Canada Board" means the Canadian Beef Cattle

Research, Market Development and Promotion Agency;

(

b) in clause (

b) by striking out "the Alberta Cattle Commission"

and substituting "Alberta Beef Producers";

(

c) by repealing clause (

c) and substituting the following:

(c) "Plan" means the Alberta Beef Producers Plan

Regulation (AR 272/97);

Section 2(1) is amended by adding the following after clause (e):

(

f) providing for payment to the Canada Board of money that is

payable under the Canada Act.

Section 5 is amended by striking out "July 1, 2003" and substituting

"July 1, 2008".

Alberta Regulation 279/2002

Marketing of Agricultural Products Act

CATTLE MARKETING AMENDMENT REGULATION

Filed: November 28, 2002

Made by the Alberta Cattle Commission on October 17, 2002 pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Cattle Marketing Regulation (AR 204/98) is amended by this

Regulation.

Section 1 is amended

(

a) by adding the following after clause (a):

(a.1) "Canada Act" means the Farm Products Agencies Act

(Canada);

(a.2) "Canada Board" means the Canadian Beef Cattle

Research, Market Development and Promotion Agency;

(

b) in clause (

d) by striking out "the Alberta Cattle Commission"

and substituting "Alberta Beef Producers";

(

c) by repealing clause (

i) and substituting the following:

(i) "Plan" means the Alberta Beef Producers Plan

Regulation (AR 272/97);

(

d) by repealing clause (

j) and substituting the following:

(j) "producer" means

(

i) a person who raises, feeds or owns

cattle,

(ii) a person who takes possession of cattle

from a producer under a security interest or any other security for a debt,

(iii) a person who under any arrangement is

entitled to a share of the cattle raised by a producer or any portion of

the revenue derived from the sale of the cattle;

Section 8 is amended by renumbering it as

section 8(1) and by adding

the following after subsection (1):

(2) Without restricting the generality of subsection (1), the

Commission may pay $1 from each $2 service charge collected under

section 2

to the Canada Board for services performed by the Canada Board on behalf of

the Commission pursuant to any agreement entered into between the

Commission and the Canada Board.

Section 13 is amended by striking out "July 1, 2003" and substituting

"July 1, 2008".

Document details

Collection	Alberta — Gazette
Citation	documents gazette 2002 pdf 1214 ii.pdf
Type	gazette
Volume / chapter	documents gazette 2002 pdf 1214 ii.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	041abbe9e22aa9e47fc6b7073534bab2d2542d59

Source file is stored in the law ingest library (json).