Alberta Gazette, Part I — Wednesday, September 15, 2004
Wednesday, September 15, 2004
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 100 Edmonton, Wednesday, September 15, 2004 No. 17
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Lois E Hole, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
PROCLAMATION
To all Whom these Presents shall come GREETING
Ken E. TJosvold, Acting Deputy Minister of Justice and
Acting Deputy Attorney General
WHEREAS
section 79 of the Highways Development and Protection Act provides
that that Act comes into force on Proclamation; and
WHEREAS it is expedient to proclaim the
section 72 of the Highways Development
and Protection Act in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim
section 72 of the
Highways Development and Protection Act in force on the date of issue of this
Proclamation.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE LOIS E. HOLE, Lieutenant Governor of Our
Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 25 day
of August in the Year of Our Lord Two Thousand Four and in the Fifty-third Year of
Our Reign.
BY COMMAND David Hancock, Provincial Secretary.
______________
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Lois E Hole, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
PROCLAMATION
To all Whom these Presents shall come GREETING
Ken E. TJosvold, Acting Deputy Minister of Justice and
Acting Deputy Attorney General
WHEREAS
section 58 of the Victims Restitution and Compensation Payment Act
provides that that Act comes into force on Proclamation; and
WHEREAS it is expedient to proclaim the
section 1 and Parts 2, 3 and 4 of the
Victims Restitution and Compensation Payment Act in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim
section 1 and
Parts 2, 3 and 4 of the Victims Restitution and Compensation Payment Act in force on
September 1, 2004.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE LOIS E. HOLE, Lieutenant Governor of Our
Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 25 day
of August in the Year of Our Lord Two Thousand Four and in the Fifty-third Year of
Our Reign.
BY COMMAND David Hancock, Provincial Secretary.
______________
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Lois E Hole, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
PROCLAMATION
To all Whom these Presents shall come GREETING
Ken E. TJosvold, Acting Deputy Minister of Justice and
Acting Deputy Attorney General
WHEREAS
section 6 of the Prevention of Youth Tobacco Use Amendment Act, 2004
provides that that Act comes into force on Proclamation; and
WHEREAS it is expedient to proclaim the Prevention of Youth Tobacco Use
Amendment Act, 2004 in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim the Prevention
of Youth Tobacco Use Amendment Act, 2004 in force on September 1, 2004.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE LOIS E. HOLE, Lieutenant Governor of Our
Province of Alberta, in Our City of Edmonton in Our Province of Alberta, this 25 day
of August in the Year of Our Lord Two Thousand Four and in the Fifty-third Year of
Our Reign.
BY COMMAND David Hancock, Provincial Secretary.
APPOINTMENTS
(Provincial Court Act)
Supernumerary Judge Re-appointed
August 17, 2004
The Honourable Judge Jack Allford, of Edmonton.
September 1, 2004
The Honourable Judge James Philip Wambolt, of Medicine Hat.
November 1, 2004
The Honourable Judge Gordon William Clozza, of Drumheller.
RESIGNATIONS AND RETIREMENTS
(Justice of the Peace Act)
Resignation of Justice of Peace
July 9, 2004
Lange, Connie Elaine
August 26, 2004
MacDonald, Jacqueline Debra
GOVERNMENT NOTICES
Agriculture, Food and Rural Development
Form 15
(Irrigation Districts Act)
(Section 88)
Notice to Irrigation Secretariat:
Change of Area of an Irrigation District
On behalf of the St. Mary River Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar of Land Titles for
the purposes of registration under
section 22 of the Land Titles Act and arrange for
notice to be published in The Alberta Gazette.
The following parcels of land should be ADDED to the irrigation district and the
appropriate notation added to the certificate of title:
LINC Number
Short Legal Description
as Shown on Title
Title Number
0028 089 290
4;13;9;7;NW
031 100 878
0028 089 308
4;13;9;7;NE
031 100 878
0021 543 831
4;13;9;7;SW
031 100 878
0021 543 849
4;13;9;7;SE
031 100 878
0022 895 412
4;9;11;17;NW
981 135 701 +14
0022 895 420
4;9;11;17;NW
981 135 701 +15
0022 574 777
4;14;9;9;NW
031 106 516
0022 574 785
4;14;9;9;SW
031 106 516
0022 574 793
4;14;9;9;SE
031 102 885
The following parcels of land should be REMOVED from the irrigation district and
the notation removed from the certificate of title:
LINC Number
Short Legal Description
as Shown on Title
Title Number
0023 053 275
4;11;8;1;NW
971 005 794 +1
0023 053 283
4;11;8;1;SW
971 005 794 +1
0022 764 641
4;11;8;2;NE
951 289 842
0022 764 659
4;11;8;2;SE
951 289 842
0022 640 932
4;13;10;18;SW
981 032 326 +3
0022 590 732
4;14;2;22;NE
150A205
0022 600 126
4;14;2;27;NE
150A196
0028 436 632
4;14;2;27;NW
001 173 788 +1
0022 592 779
4;14;2;27;SE
150A205A
0022 600 118
4;14;2;27;SW
150A199
0014 649 370
4;14;2;28;NE
150A204
0012 005 254
4;15;3;14;NW
891 252 429
0030 548 268
4;21;8;33;NE,SE
041 289 672
I certify the procedures required under
Part 4 of the Irrigation Districts Act have been
completed and the area of the St. Mary River Irrigation District should be changed
according to the above list.
Laurie Hodge, Office Manager,
Irrigation Secretariat.
______________
On behalf of the Western Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar of Land Titles for
the purposes of registration under
section 22 of the Land Titles Act and arrange for
notice to be published in The Alberta Gazette.
The following parcels of land should be REMOVED from the irrigation district and
the notation removed from the certificate of title:
LINC Number
Short Legal Description
as Shown on Title
Title Number
0013 699 244
SE 16-26-26-W4
001 199 882 +3
0022 064 273
SW 21-23-22-W4
031 449 313
I certify the procedures required under
Part 4 of the Irrigation Districts Act have been
completed and the area of the Western Irrigation District should be changed according
to the above list.
Laurie Hodge, Office Manager,
Irrigation Secretariat.
Community Development
Notice of Intention to Designate
A Provincial Historic Resource
(Historical Resources Act)
File: Des. 631
Notice is hereby given that 60 days from the date of service of this Notice and its
publication in The Alberta Gazette, the Minister of Community Development intends
to make an Order that the building known as the:
Canadian Pacific Railway Station, Claresholm, together with the land legally
described as:
Plan 9212040
Block 10
Lot 2
Excepting thereout all mines and minerals
and municipally located at 5126 - 1 Street, Claresholm, Alberta
be designated as a Provincial Historic Resource under
Section 20 of the Historical
Resources Act, R.S.A. 2000 cH-9.
The reasons for the designation are as follows:
The heritage value of the Canadian Pacific Railway Station in Claresholm lies in its
service as the main facilitator of transport to the town and district from 1911 to 1966,
its architectural and craftsmanship quality, in particular the use of sandstone as a
building material, and its importance as a regional landmark.
The station represents CPR rail activity in southern Alberta since the 1890s.
Claresholm became a station stop when the Calgary and Edmonton Railway extended
south from Calgary in 1891. The station served the town and a relatively large district
in the era of settlement, through the transport of both freight and passengers and by
facilitating communication through the use of the telegraph. The volume of rail
transport declined in the mid 1950s, and by 1966 the station was no longer required
for use by the CPR. At that time it remained on its original site and was converted to
serve as a community museum.
The building is very significant for its architectural and craftsmanship qualities and
the use of sandstone as a station building material. It was constructed from the
original 1883 sandstone 9th Avenue CPR Depot in Calgary, which was dismantled and
reassembled in Claresholm in 1911-12 (the west wing) and High River (the east wing)
- producing the only two remaining sandstone railway stations in Alberta. The station
building has retained a very high degree of its original integrity of design, style and
method of construction.
It is a significant well-known regional landmark owing to its prominent location
adjacent to Highway 2 in central Claresholm.
It is therefore considered that the preservation and protection of the resource is in the
public interest.
Dated August 13, 2004
Mark Rasmussen, Assistant Deputy Minister.
Environment
Code of Practice for Pits
(made under the Environmental Protection and Enhancement Act
RSA 2000, c.E-12, as amended and
Conservation and Reclamation Regulation (AR 115/93), as amended)
Table of Contents
Definitions
General
Registration/Administration Requirements
3.1 Registration - Activities Plan
3.2 Written Consent of Registered Owners
3.3 Security
Operational Requirements
4.1 Activities Plan
4.2 Pit Water Monitoring Requirements
Conservation and Reclamation Requirements
5.1 Soil Conservation Requirements
5.2 Reclamation Requirements
Reporting Requirements
Record Keeping Requirements
Code of Practice Administration
Schedule 1
Registration Application
Schedule 2
Activities Plan
Schedule 3
Security Estimate
Schedule 4
Reporting
Schedule 5
Operating Record
PART 1:
DEFINITIONS
Section 1.1:
Definitions
1.1.1 All
definitions in the Environmental Protection and Enhancement Act and the
regulations under the Act apply except where expressly defined in this Code of
Practice.
1.1.2 In this Code of Practice:
(a) "Act" means the Environmental Protection and Enhancement Act, RSA
2000, c.E-12, as amended from time to time;
(b) "active area" means all areas of a pit, measured in acres or hectares,
from which topsoil has been salvaged, or on which topsoil is stockpiled,
but does not include any reclaimed area or certified area;
(c) "Activities Plan" means the plan, for carrying out activity at a pit, that
has been authorized in writing by the Director;
(d) "activity at a pit" means the construction, operation or reclamation of a
pit;
(e) "aggregate" means any sand, gravel, clay, or marl that is excavated from
a pit, whether in a processed or unprocessed form, but does not include
reject;
(f) "certified area" means the area of a pit, measured in acres or hectares,
that is the subject of a reclamation certificate;
(g) "this Code of Practice" means the Code of Practice for Pits, as amended
or replaced from time to time;
(h) "discharge point" means the location outside of the pit where pit water
is released, as designated in the Activities Plan;
(i) "grab", when referring to a sample, means an individual sample
collected in less than 30 minutes and which is representative of the
substance collected;
(j) "overburden" means soil or geological material at the pit, but does not
include:
(
i) topsoil,
(ii) subsoil,
(iii) aggregate, or
(iv) reject;
(k) "parcel" means the whole of the areas of land described in a certificate of
title or described in a certificate of title by reference to a plan filed or
registered in a land titles office;
(l) "pit" means an opening or excavation in or working of the surface or
subsurface for the purpose of removing any sand, gravel, clay, or marl,
where the area of the pit and any associated infrastructure, including
stockpiles, connected with the pit, is, or at any time was, greater than or
equal to 5 hectares (12.5 acres), but does not include:
(
i) a borrow excavation,
(ii) a pit on public land,
(iii) a pit, or a portion of a pit, where the surface or subsurface of the land
has not been disturbed by pit operations since August 15, 1978, or
(iv) a pit, or a portion of a pit, on which a waste management facility is
operating or operated pursuant to a valid approval or registration
under the Act;
(m) "pit face" means any slope created by the excavation of overburden,
aggregate or reject at a pit;
(n) "pit water" means any water that:
(
i) accumulates in a pit,
(ii) is extracted from or below the pit, or
(iii) is used at the pit
but does not include domestic wastewater;
(o) "reclaimed area" means the area of a pit, measured in acres or hectares,
where the landscape has been re-established, the topsoil has been replaced
and vegetation has been established, but does not include any certified
area;
(p) "reject" means aggregate that is expected to be unsuitable for use as a
product, or for blending with other aggregate to form a product, and is
therefore expected to be used for reclamation of the pit;
(q) "salvage" means to collect topsoil or subsoil from a pit in a manner that
retains the original quality and quantity of the topsoil or subsoil for
reclamation purposes;
(r) "slope" means the ratio of the horizontal run to the vertical rise measured
in the same units;
(s) "stockpile" means a pile of topsoil, subsoil, overburden, aggregate,
reject, or other material, that is located at a pit;
(t) "subsoil" means the layer of soil at the pit directly below the topsoil, to a
maximum depth of 1.2 metres below the topsoil surface, that consists of
the B and C horizons as defined in The System of Soil Classification for
Canada, published by Agriculture and Agri-Food Canada, 1998,
Publication 1646, 3rd edition, as amended or replaced from time to time;
(u) "surface water body" means any surface location where water flows or
is present, whether or not the flow or the presence of water is continuous,
intermittent or occurs only during a flood, and includes but is not limited
to wetlands;
(v) "topsoil" means the uppermost layers of soil at the pit that consist of:
(
i) all of the L, F, H, and A horizons, and
(ii) the O horizon to a maximum depth of 40 centimetres
as the horizons are defined in The System of Soil Classification for
Canada, published by Agriculture and Agri-Food Canada, 1998,
Publication 1646, 3rd edition, as amended or replaced from time to time;
(w) "total area" means the sum of the active area, reclaimed area, and
certified area;
(x) "waste" means any solid or liquid material or product or combination of
them
(
i) that is intended to be treated or disposed of, or
(ii) that is intended to be stored and then treated or disposed of; and
(y) "woody debris" means any portions of live or dead trees or shrubs,
including but not limited to roots, trunks, and branches.
PART 2: GENERAL
2.1.1 Any person who carries out an activity at a pit must do so in accordance with
this Code of Practice.
of this Code of Practice shall be resolved in favour of this Code of Practice.
obligations created under any other authorization issued by the Department.
condition of this Code of Practice or the application of any term or condition is
held invalid, the application of such term or condition to the other
circumstances and to the remainder of this Code of Practice shall not be
affected by that invalidity.
2.1.5 If the registration holder monitors for any substances or parameters which are
the subject of limits in this Code of Practice more frequently than is required,
using procedures authorized in this Code of Practice, then the registration
holder shall provide the results of such monitoring as an addendum to the next
report required by this Code of Practice.
2.1.6 The registration holder shall immediately notify the Director in writing if any
of the following events occurs:
(
a) the registration holder is served with a petition into bankruptcy;
(
b) the registration holder files an assignment in bankruptcy or Notice of
Intent to make a proposal;
(
c) a receiver or receiver-manager is appointed;
(
d) an application for protection from creditors is filed for the benefit of the
registration holder under any creditor protection legislation; or
(
e) any of the assets, which are the subject matter of this Code of Practice, are
seized for any reason.
2.1.7 With respect to any water sampling required pursuant to this Code of Practice,
all samples shall be:
(
a) collected;
(
b) preserved;
(
c) stored;
(
d) handled; and
(
e) analyzed
in accordance with:
(
i) the Standard Methods for the Examination of Water and Wastewater,
20th edition, published by the American Water Works Association,
1998, as amended or replaced from time to time, and
(ii) the Methods Manual for Chemical Analysis of Water and Wastes,
published by Alberta Environment, 1996, as amended or replaced
from time to time.
PART 3: REGISTRATION/ADMINISTRATION REQUIREMENTS
Section 3.1: Registration - Activities Plan
3.1.1 No person shall commence an activity at a pit unless a registration has been
obtained for the activity.
3.1.2 An application for registration shall contain, at a minimum:
(
a) all of the information specified in
Schedule 1; and
(
b) a proposed Activities Plan.
3.1.3 The proposed Activities Plan shall, at a minimum include all the information
specified in
Schedule
Section 3.2: Written Consent of Registered Owners
3.2.1 No person shall commence or continue an activity at a pit unless the written
consent of all current registered owners of the parcel or parcels on which the
pit is located has been obtained for the conduct of an activity at the pit.
Section 3.3: Security
3.3.1 Unless exempted by the Act or the Conservation and Reclamation Regulation,
as amended from time to time, no person shall commence or continue an
activity at a pit unless the full amount of security for that pit has been provided
to the Director, as authorized in writing by the Director.
3.3.2 Unless exempted by the Act or the Conservation and Reclamation Regulation,
as amended from time to time, the registration holder shall provide new
security no later than 5 years after the date of the most recent authorization in
writing of the security by the Director.
3.3.3 Prior to payment of security pursuant to 3.3.1 or 3.3.2, a written security
estimate shall be submitted to the Director.
3.3.4 The written security estimate required in 3.3.3 shall contain, at a minimum, all
of the information specified in
Schedule 3.
PART 4: OPERATIONAL REQUIREMENTS
Section 4.1: Activities Plan
4.1.1 No person shall conduct any activity at a pit except in accordance with the
most recent Activities Plan.
4.1.2 Any proposed change to the information in the components of the Activities
Plan set out in
Schedule 2,
Part 2:
(
a) must be authorized in writing by the Director; and
(
b) is, upon written authorization of the Director, adopted as part of the most
recent Activities Plan.
4.1.3 Upon request of the Director, the registration holder shall provide to the
Director a proposed update of the Activities Plan.
4.1.4 The proposed update of the Activities Plan in 4.1.3:
(
a) shall be provided to the Director no later than 30 days after the Director's
request; and
(
b) shall contain all of the information specified in
Schedule 2.
4.1.5 The update of the Activities Plan, as authorized in writing by the Director, is
deemed to be the most recent Activities Plan.
Section 4.2: Pit Water Monitoring Requirements
4.2.1 No person shall release or permit the release of any pit water outside the pit,
unless:
(
a) the pit water is monitored as specified in Table 4-1;
(
b) the pit water is analysed for the parameters specified in Table 4-1; and
(
c) the quality of any of the pit water that is released at the discharge point
meets all of the limits specified in Table 4-1 at all times.
4.2.2 The registration holder shall record the results of the analysis required in
4.2.1(b).
Table 4-1 - Release Limits and Monitoring Requirements for Pit Water
Parameter
Release
Limit
Sample Type
Monitoring
Frequency
Monitoring
Location
Total
Suspended
Solids
milligrams
per litre
Grab sample
Weekly
during release
Discharge
point
6.0 to 9.5
units
Grab sample
Weekly
during release
Discharge
point
Hydrocarbons
No visible
sheen
Visual
observation
Daily during
release
Discharge
point
4.2.3 Upon request of the Director or an inspector, any person shall:
(
a) obtain samples of pit water;
(
b) conduct the analyses as requested by the Director or inspector; and
(
c) provide results of analyses conducted on the samples to the Director or
inspector.
PART 5: CONSERVATION AND RECLAMATION REQUIREMENTS
Section 5.1: Soil Conservation Requirements
5.1.1 No person shall:
(
a) remove overburden;
(
b) extract aggregate or reject;
(
c) process aggregate or reject;
(
d) place structures or equipment; or
(
e) construct a road
at a pit unless all topsoil has been salvaged from the area where the removal,
extraction, processing, placement, or construction will occur in accordance
with the most recent Activities Plan authorized in writing by the Director.
5.1.2 No person shall:
(
a) remove overburden; or
(
b) extract aggregate or reject
at a pit unless all subsoil has been salvaged from the area where the removal or
extraction will occur in accordance with the most recent Activities Plan
authorized in writing by the Director.
5.1.3 No person shall use any topsoil that:
(
a) has been salvaged from a pit; and
(
b) has been designated in the most recent Activities Plan authorized in
writing by the Director for use in reclamation of that pit
for any purpose other than the reclamation of the pit from which that topsoil
was salvaged.
5.1.4 No person shall stockpile any material at a pit, unless the material:
(
a) where it is topsoil, is stockpiled on topsoil;
(
b) where it is subsoil, is stockpiled on an area from which all topsoil has
been salvaged;
(
c) where it is overburden, aggregate, reject, or other material, is stockpiled
on an area from which all:
(
i) topsoil, and
(ii) subsoil
have been salvaged;
(
d) where it is topsoil, subsoil, or overburden, is stockpiled a horizontal
distance greater than 3 metres from any stockpile; and
(
e) is stockpiled a horizontal distance greater than 5 metres from all pit faces.
5.1.5 The requirement in 5.1.4(
d) does not apply where the stockpiles are composed
of the same material.
Section 5.2: Reclamation Requirements
5.2.1 No person shall bury at any pit any:
(
a) waste; or
(
b) woody debris.
5.2.2 No person shall use any material other than topsoil, subsoil, overburden, or
reject excavated from a pit for reclamation of that pit:
(
a) except in accordance with the most recent Activities Plan authorized in
writing by the Director; and
(
b) unless the written consent of all current registered owners of the parcel or
parcels on which the material will be used has been obtained for the use of
the material for reclamation at the pit.
5.2.3 The registration holder shall record the location, quantity, and depth of the
materials described in 5.2.2.
5.2.4 No person shall leave any of the following in any replaced topsoil:
(
a) rocks;
(
b) stones;
(
c) woody debris; or
(
d) other debris
that interferes with the proposed land use for the reclaimed area, as set out in
the most recent Activities Plan, as authorized in writing by the Director.
5.2.5 Subject to 5.2.6, no person shall construct any reclaimed slope within the pit to
a slope steeper than 3:1.
5.2.6 The prohibition in 5.2.5 does not apply to the portion of a slope that is below
the elevation of the water in a surface water body, when the surface water body
is filled to its design capacity.
5.2.7 No person shall replace at the pit any:
(
a) subsoil, unless the subsoil is replaced in accordance with the most recent
Activities Plan authorized in writing by the Director; or
(
b) topsoil, unless the topsoil is replaced in accordance with the most recent
Activities Plan authorized in writing by the Director.
5.2.8 No person shall revegetate any reclaimed pit area unless all current registered
owners of the parcel or parcels on which the pit is located has or have been
consulted in writing about the proposed revegetation seed mixture or other
proposed form of revegetation.
PART 6: REPORTING REQUIREMENTS
Contravention Report
6.1.1 In addition to any other reporting required pursuant to this Code of Practice,
the Act or the regulations under the Act, any person carrying out an activity at
a pit shall immediately report any contravention of this Code of Practice to:
(
a) the registration holder; and
(
b) the Director:
(
i) by telephone at (780) 422-4505, or
(ii) by a method:
(
A) in compliance with the release reporting provisions of the Act
and the regulations; or
(
B) authorized in writing by the Director.
6.1.2 In addition to the immediate report under 6.1.1, the registration holder shall
provide a report to the Director:
(
a) in writing; or
(
b) by a method:
(
i) in compliance with the release reporting provisions of the Act and the
regulations, or
(ii) authorized in writing by the Director
within 7 calendar days of the reporting of the contravention, or within another
time period specified in writing by the Director, unless the requirement for the
report is waived by the Director in writing.
6.1.3 The report required under 6.1.2 shall contain, at a minimum, the following
information:
(
a) a description of the contravention;
(
b) the date of the contravention;
(
c) the legal land description of the location of the contravention;
(
d) an explanation as to why the contravention occurred;
(
e) the name of all current registered owners of the parcel on which the
contravention occurred;
(
f) a
summary of all preventive measures and actions that were taken prior to
the contravention;
(
g) a
summary of all measures and actions that were taken to mitigate any
effects of the contravention;
(
h) a
summary of all measures that will be taken to address the remaining
adverse effects related to the contravention;
(
i) the registration number issued by the Department for the pit, and the name
of the person who held the registration at the time the contravention
occurred;
(
j) the names, addresses, phone numbers, and responsibilities of all persons
operating the pit at the time the contravention occurred;
(
k) the names, addresses, phone numbers, and responsibilities of all persons
who had charge, management or control of the pit at the time that the
contravention occurred;
(
l) a
summary of proposed measures that will prevent future contraventions
including a
schedule of implementation for these measures;
(
m) any information that was maintained or recorded under this Code of
Practice, as a result of the incident; and
(
n) any other information required by the Director in writing.
Five-Year Report
6.1.4 In addition to any other reporting requirements pursuant to this Code of
Practice, the Act or the regulations, the registration holder shall provide a
written report to the Director:
(
a) no later than 5 years after the date of the registration; and
(
b) every 5 years thereafter until:
(
i) a written final reclamation report is provided to the Director under
6.1.7, or
(ii) a reclamation certificate has been obtained for the entire pit.
6.1.5 The written report required in 6.1.4:
(
a) shall contain, at a minimum, all of the information specified in
Schedule
Part 1; and
(
b) shall reflect the status of the pit no more than 60 calendar days prior to the
submission of the written report.
6.1.6 No person shall commence or continue an activity at a pit after the applicable
date specified in 6.1.4 unless the applicable written report in 6.1.4 has been
submitted to the Director.
Final Reclamation Report
6.1.7 A final reclamation report shall be provided to the Director no later than 3
years after the entire pit has been revegetated.
6.1.8 The requirement in 6.1.7 does not apply if a reclamation certificate has been
obtained for the entire pit.
6.1.9 The final reclamation report required in 6.1.7 shall contain, at a minimum, all
of the information specified in
Schedule 4,
Part 2.
Providing Information on Request
6.1.10 Any person who is required to establish or record any information pursuant to
this Code of Practice shall, upon request by an inspector or the Director,
provide the information requested within 7 days or any other time period
specified by the inspector or the Director.
PART 7: RECORD KEEPING REQUIREMENTS
7.1.1 The registration holder shall establish an operating record for the pit.
7.1.2 The operating record in 7.1.1 shall contain, at a minimum, all of the
information specified in
Schedule 5.
7.1.3 Any records that are required by this Code of Practice shall be retained for a
minimum of 5 years from the date of the final reclamation certificate issued for
that pit.
PART 8: Code of Practice Administration
8.1.1 This Code of Practice will be reviewed as changes in technological or other
standards warrant.
SCHEDULE 1
REGISTRATION APPLICATIONS
Pursuant to 3.1.2 and 3.1.3 of this Code of Practice, all of the following information
shall be provided to the Director:
(
a) The name of the applicant for a registration, and their address, phone number,
facsimile number, and e-mail address;
(
b) The company name, if any, and the name, job title, address, phone number,
facsimile number, e-mail address, and signature of the person who submitted the
registration application;
(
c) The name, job title, address, phone number, facsimile number, and e-mail address
of the person designated by the applicant as the primary contact for the pit;
(
d) The municipal address, if one exists, and legal description of the parcel or parcels
on which the pit is or will be located;
(
e) The names, addresses, and phone numbers of all current registered owners of the
parcel or parcels on which the pit is or will be located; and
(
f) The names, addresses, and phone numbers of the current occupant or occupants of
the parcel or parcels on which the pit is or will be located.
In consideration of the information required above, and the information
required in an Activities Plan, the Director waives the requirements of
subsection 3(1)(
a) through (
o) of the Approvals and Registrations Procedure
Regulation, A.R. 113/93, as amended from time to time, for a registration
application under this Code of Practice.
SCHEDULE 2
ACTIVITIES PLAN
The Activities Plan must cover the expected life of the pit, and must meet the
objective of equivalent land capability specified in the Conservation and Reclamation
Regulation, A.R. 115/93, as amended from time to time.
Pursuant to 3.1.3 and 4.1.4(
b) of this Code of Practice, all of the information in
Part 1
and
Part 2 shall be provided to the Director.
Part 1
(
a) A determination of whether sand, gravel, clay, or marl, or any combination of
them, will be removed;
(
b) The current size of the pit, measured in acres or hectares;
(
c) The average thickness of each of the topsoil, subsoil, overburden, and aggregate at
the pit prior to excavation;
(
d) The texture or textures of the topsoil at the pit;
(
e) A description of techniques that will be used to prevent wind and water erosion,
and to limit the movement of dust from the pit;
(
f) A description of the planned or current involvement of the applicant for a
registration or the registration holder, as the case may be, in any local or regional
air monitoring initiatives, including the name of the initiative and the form of
participation;
(
g) A description of soil conservation and reclamation techniques that will be
employed in any part of the pit where no activity will take place for a period of
2 years or more;
(
h) One or more scale drawings which describe existing pit site conditions and the
proposed sequence of pit operations, including but not limited to:
(
i) property boundaries,
(ii) land ownership,
(iii) current pit dimensions,
(iv) area disturbed to date,
(
v) areas disturbed by activity at the pit prior to August 15, 1978,
(vi) current drainage,
(vii) current land use,
(viii) existing infrastructure including but not limited to access roads and
improvements,
(ix) existing surface water bodies,
(
x) proposed infrastructure including but not limited to access roads and
improvements,
(xi) proposed sequence of activity at the pit,
(xii) proposed surface water bodies, and
(xiii) any other existing features which will be affected by activity at the pit;
(
i) Cross-section scale drawings of the existing pit site conditions which show the
whole pit in at least two directions, and include:
(
i) slopes,
(ii) topsoil depth,
(iii) subsoil depth,
(iv) overburden depth,
(
v) aggregate depth, and
(vi) any known depth to groundwater.
Part 2
(
a) The maximum planned size of the pit, measured in acres or hectares;
(
b) The depth to groundwater encountered in any test holes;
(
c) A determination of whether the activities at the pit will include:
(
i) wet pit excavation,
(ii) concrete production,
(iii) mixing of salt with aggregate,
(iv) mixing of asphalt with aggregate,
(
v) spraying truck box liners with fluids containing hydrocarbons,
(vi) aggregate washing, or
(vii) use of materials other than topsoil, subsoil, overburden, or reject for
reclamation of the pit;
(
d) A description of the mitigative measures that will be used to prevent any adverse
effects resulting from the activities in (c);
(
e) A description of the proposed land uses for the reclaimed pit, and the percentage
of the reclaimed pit area covered by each proposed land use;
(
f) A description of the conditions that would make the release of pit water
necessary, and the techniques that will be used to release pit water, including a
description of any discharge points from which pit water will be released;
(
g) The average thickness, measured in centimetres, at which topsoil and subsoil will
each be replaced;
(
h) One or more scale drawings which describe the proposed site conditions after
reclamation including but not limited to:
(
i) property boundaries,
(ii) final reclaimed pit dimensions,
(iii) drainage,
(iv) land use,
(
v) structures, equipment, and roads that will remain, and
(vi) surface water bodies;
(
i) Cross-section scale drawings of the proposed site conditions after reclamation
which show the whole reclaimed pit in at least two directions, and include:
(
i) slopes,
(ii) topsoil depth,
(iii) subsoil depth,
(iv) overburden depth, and
(
v) any known depth to groundwater;
(
j) For any surface water body in the reclaimed pit, a description of the:
(
i) design,
(ii) intended use,
(iii) elevation of the water in the surface water body when the surface water
body is filled to its design capacity (full supply level), and
(iv) slope of the land one (1) metre above and one (1) metre below the full
supply level.
SCHEDULE 3
SECURITY ESTIMATE
Pursuant to 3.3.3 and 3.3.4 of this Code of Practice, all of the following information
shall be provided to the Director:
(
a) the area (expressed in acres) and location of lands disturbed pursuant to an
approval issued under the Land Surface Conservation and Reclamation Act for
which security will be submitted at $250/acre;
(
b) a detailed calculation of security that would represent the maximum conservation
and reclamation cost incurred by a third party to reclaim the disturbed portions of
the pit, except those described by (a), to equivalent land capability at any time
within the next 5 years;
(
c) the area (expressed in hectares or acres) of land included in the estimate in (
b) and a calculation of the average cost per hectare or acre of security in the
estimate; and
(
d) a proposal for the total amount ((
a) plus (b)) and form of security to be paid.
SCHEDULE 4
REPORTING
Part 1 - Five Year Report
Pursuant to 6.1.4 and 6.1.5 of this Code of Practice, all of the following shall be
provided to the Director:
(
a) the name of the registration holder, and their address, phone number, facsimile
number, and e-mail address;
(
b) the municipal address, if one exists, and the legal description of the parcel or
parcels on which the pit is located;
(
c) the current size of the pit, measured in acres or hectares, including:
(
i) the total area,
(ii) the active area,
(iii) the reclaimed area, and
(iv) the certified area;
(
d) a scale drawing of the pit that shows the location of:
(
i) any access road(s),
(ii) any structures or equipment,
(iii) any aggregate extraction or processing area(s),
(iv) any stockpile areas,
(
v) any surface water bodies, and
(vi) the legal boundaries of the parcel or parcels of land on which the pit is
located;
(
e) the dates:
(
i) the measurements in (c), and
(ii) the drawing in (
d) were made.
Part 2 - Final Report
Pursuant to 6.1.7 and 6.1.9 of this Code of Practice, all of the following shall be
provided to the Director:
(
a) the name of the registration holder, and their address, phone number, facsimile
number, and e-mail address;
(
b) the municipal address, if one exists, and the legal description of the parcel or
parcels on which the pit is located;
(
c) the area, measured in acres or hectares, of the reclaimed pit;
(
d) one or more scale drawings which describe the reclaimed site conditions,
including but not limited to:
(
i) property boundaries,
(ii) final reclaimed pit dimensions,
(iii) slopes,
(iv) drainage,
(
v) vegetation type,
(vi) land use,
(vii) structures, equipment and roads which remain,
(viii) types, locations, and depths of any materials other than topsoil, subsoil,
overburden, or reject used in reclamation of the pit, and
(ix) surface water bodies;
(
e) cross-section scale drawings of the reclaimed site conditions which show the
whole pit in at least two directions, and include:
(
i) slopes,
(ii) topsoil depth,
(iii) subsoil depth,
(iv) overburden depth, and
(
v) depth to groundwater, if known; and
(
f) written acknowledgement of the receipt of the final reclamation report referred to
in this
Schedule by the current registered owners of the parcel or parcels on
which the pit is located.
SCHEDULE 5
OPERATING RECORD
The following must be included in the Operating Record specified in 7.1.1 and 7.1.2
of this Code of Practice:
(
a) a copy of the written consent pursuant to 3.2.1;
(
b) a copy of the results of analyses pursuant to 4.2.2;
(
c) a copy of each of the written consents pursuant to 5.2.2(b);
(
d) a copy of each of the written consultations pursuant to 5.2.8; and
(
e) a copy of any permits, licenses, or authorizations relative to the activity at the pit.
Finance
Insurance Notice
(Insurance Act)
Notice is hereby given that effective August 4, 2004, National Liability & Fire
Insurance Company has been licenced in the Province of Alberta, and is authorized to
transact the following class of Insurance:
Aircraft, Liability
Arthur Hagen, Deputy Superintendent of Insurance.
______________
Notice is hereby given that effective August 13, 2004, Pafco Insurance Company has
been licenced in the Province of Alberta, and is authorized to transact the following
class of Insurance:
Automobile, Property
Arthur Hagen, Deputy Superintendent of Insurance.
______________
Notice is hereby given that effective July 22, 2004, SecuriCan General Insurance
Company has been licenced in the Province of Alberta, and is authorized to transact
the following class of Insurance:
Liability, Property
Arthur Hagen, Deputy Superintendent of Insurance.
Government Services
Vital Statistics
Notice of Certificate of Change of Personal Name
(Change of Name Act)
All Notice of Change of Personal Names for 2004 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.
All Notice of Change of Personal Names for 2004 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.
All Notice of Change of Personal Names for 2004 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.
All Notice of Change of Personal Names for 2004 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.
All Notice of Change of Personal Names for 2004 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.
All Notice of Change of Personal Names for 2004 can be viewed in print versions of the
Alberta Gazette or on QP Source Professional.
Infrastructure
Sale or Disposition of Land
(Government Organization Act)
Name of Purchaser: Rocky Mountain Financial Services Ltd.
Consideration: $180,000
Land Description: Plan 4877TR Block 5 Lot 12. Containing 1.36 acres more or less.
And Road Plan 570PX within Township 83 Range 21 west of the fifth meridian,
comprising parts of:
Sec.
Acres (more or less)
7.56
7.53
Excepting thereout:
Plan
Qtr.
Acres (more or less)
6472NY - Subdivision
(required for 101
street)
1.42
4877TR - Replot
1.99
Excepting thereout all mines and minerals and the right to work the same. Located in
Northern Sunrise County.
Learning
Ministerial Order (#033/2004)
(School Act)
I, Dr. Lyle Oberg, Minister of Learning, pursuant to
Section 239 of the School Act,
make the Order in the attached Appendix, being The Smoky Lake School District No.
3880, and The Thorhild School District No. 3632 (The Aspen View Regional
Division No. 19) Boundary Adjustment Order.
Dated at Edmonton, Alberta, June 29, 2004.
Dr. Lyle Oberg, Minister.
APPENDIX
The Smoky Lake School District No. 3880, and
Thorhild School District No. 3632
(The Aspen View Regional Division No. 19)
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all the lands are taken from the
following school districts and added to The Thorhild School District No. 3632:
The Darling School District No. 3452
The Gouldsboro School District No. 4135
The Hollow Lake School District No. 3931
The Lands End School District No. 4816
The Level Hill School District No. 4016
The Lexden School District No. 4411
The Low Bush School District No. 4524
The Mapova School District No. 4414
The Mossdale School District No. 4874
The Myrtle Creek School District No. 2342
The Namepi School District No. 2869
The New Abee School District No. 4875
The Old Radway School District No. 2136
The Shakespeare School District No. 3385
The Wilsa School District No. 4555.
2 Pursuant to
Section 239 of the School Act, all the lands are taken from the
following school districts and added to The Smoky Lake School District No.
3880:
The Bavilla School District No. 1477
The Bears Lake School District No. 2898
The Bellis School District No. 3384
The Cache Lake School District. No. 3285
The Castle Park School District. No. 4773
The Clear Hills School District No. 5357
The Clodford School District No. 2678
The Cossack School District No. 4468
The Dickiebush School District No. 3984
The Edwand School District No. 1632
The Edward Creek School District No. 5358
The Errol School District No. 2073
The Gold Creek School District No. 3681
The Green Lake School District No. 3908
The Hanmore lake School District No. 5355
The Irondale School District No. 2532
The Kaduk lake School District No. 5360
The Kikino West School District No. 5150
The Kildonan School District No. 4644
The Kinkino East School District No. 4866
The Koltzman School District No. 2325
The Lilyfield School District No. 3316
The Lobstick School District No. 1433
The Low Level School District No. 4024
The Mission Hill School District No. 4585
The Muskeg Valley School District No. 5361
The North Bellis School District No. 3185
The North Koltzman School District No. 3881
The Northern Moose School District No. 3581
The Pakan School District No. 3530
The Pine Knoll School District No. 3133
The Prosvischena School District No. 1476
The Quiet Nook School District No. 2500
The Riverland School District No. 1942
The Ruthenia School District No. 2408
The Shep Lake School District No. 5359
The Side Hill School District. No. 3985
The Silver Spurs School District No. 5356
The Sokal School District No. 3886
The Spedden School District No. 4320
The Stry School District No. 2508
The Sunny Knoll School District No. 3914
The Toporoutz School District No. 1935
The Two lakes School District No. 4571
The Victoria School District No. 75
The Vilna School District No. 3983
The Warspite School District No. 3241
The Waskatenau School District No. 2419
The Wayetenau School District No. 4656
The White Earth School District No. 3582
The White Mud Creek School District No. 2407
The Wild Deer School District No. 3650
The Winston School District No. 4888.
______________
Ministerial Order (#034/2004)
(School Act)
I, Dr. Lyle Oberg, Minister of Learning, pursuant to
Section 239 of the School Act
and the Separate School Regions Establishment and Provision of Services Order
(Alta. Reg. 109/2002), make the Order in the attached Appendix, being The Lakeland
Roman Catholic Separate School District No. 150 Boundary Adjustment Order.
Dated at Edmonton, Alberta, June 29, 2004.
Dr. Lyle Oberg, Minister.
APPENDIX
The Lakeland Roman Catholic Separate School District No. 150
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, the following lands are added to the
Lakeland Roman Catholic Separate School District No. 150:
(
a) All the lands in The Thorhild School District No. 3632
(
b) All the lands in The Smoky Lake School District No. 3880.
2 The Lakeland Roman Catholic Separate School District No. 150 will consist of
the following lands:
(
a) All the lands in The Lakeland School District No. 5460
(
b) All the lands in The Thorhild School District No. 3632
(
c) All the lands in The Smoky Lake School District No. 3880.
______________
Ministerial Order (#035/2004)
(School Act)
I, Dr. Lyle Oberg, Minister of Learning, pursuant to Sections 219 and 220 of the
School Act, make the Order in the attached Appendix, being The Glass Lake Roman
Catholic Separate School District No. 626 Establishment Order.
Dated at Edmonton, Alberta, June 29, 2004.
Dr. Lyle Oberg, Minister.
APPENDIX
The Glass Lake Roman Catholic Separate School District No. 626
Establishment Order
1 Pursuant to Sections 219 and 220 of the School Act, The Glass Lake Roman
Catholic Separate School District No. 626 is established.
2 The Glass Lake Roman Catholic Separate School District No. 626 shall be
comprised of the following lands which are included in The Glass Lake School
District No. 3785 and which are properly assessable for separate school purposes
under the provision of Sections 153 to 160 of the School Act:
Township 73, Range 9, West of the 6th Meridian
Section 7; West halves of Sections 18, 19, 30, and 31.
Township 73, Range 10, West of the 6th Meridian
Sections 10 to 15 inclusive; Sections 22 to 27 inclusive; Sections 34 and 35; East
halves of Sections 9, 16, 21, and 28; South half and Northeast quarter of
Section
33; South half of
Section 36.
______________
Ministerial Order (#036/2004)
(School Act)
I, Dr. Lyle Oberg, Minister of Learning, pursuant to
Section 239 of the School Act,
make the Order in the attached Appendix, being The Grande Prairie Roman Catholic
Separate School District No. 28 Boundary Adjustment Order.
Dated at Edmonton, Alberta, June 29, 2004.
Dr. Lyle Oberg, Minister.
APPENDIX
The Grande Prairie Roman Catholic Separate School District No. 28
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all of the lands are taken from the
following district and are added to The Grande Prairie Roman Catholic Separate
School District No. 28:
The Glass Lake Roman Catholic Separate School District No. 626.
2 Pursuant to
Section 239 of the School Act, the following district is dissolved:
The Glass Lake Roman Catholic Separate School District No. 626.
3 The Grande Prairie Roman Catholic Separate School District No. 28 shall be
comprised of the following lands:
Township 67, Range 4, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying West of the Smoky River.
Township 67, Range 5, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 67, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 67, Range 7, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 67, Range 8, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 67, Range 9, West of the 6th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 23 to 26 inclusive;
Sections 35 and 36.
Township 68, Range 4, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying West of the Smoky River.
Township 68, Range 5, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying West of the Smoky River.
Township 68, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 68, Range 7, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 68, Range 8, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 68, Range 9, West of the 6th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 23 to 26 inclusive;
Sections 35 and 36.
Township 69, Range 4, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying West of the Smoky River.
Township 69, Range 5, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 69, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 69, Range 7, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 69, Range 8, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 69, Range 9, West of the 6th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 23 to 26 inclusive;
Sections 35 and 36.
Township 69, Range 11, West of the 6th Meridian
Sections 33 and 34; Northeast quarter of
Section 31; East half of
Section 32.
Township 70, Range 4, West of the 6th Meridian
Sections 28 to 35 inclusive; Those portions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 23, and 24 lying South of the Wapiti River; Those
portions of Sections 19, 20, 21, 22, 25, 26, and 27 lying North and South of the
Wapiti River; Those portions of
Section 36 lying North and South of the Wapiti
River and between the Wapiti River and the Bear River.
Township 70, Range 5, West of the 6th Meridian
Sections 22 and 23; Sections 25 to 36 inclusive; Those portions of Sections 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 18 lying South of the Wapiti River; Those
portions of Sections 13, 14, 15, 16, 17, 19, 20, 21, and 24 lying North and South
of the Wapiti River.
Township 70, Range 6, West of the 6th Meridian
Sections 19 to 21 inclusive; Sections 25 to 36 inclusive; Those portions of
Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 lying South of the Wapiti
River; Those portions of Sections 14, 15, 16, 17, 18, 22, 23, and 24 lying North
and South of the Wapiti River.
Township 70, Range 7, West of the 6th Meridian
Sections 16 and 17; Sections 20 to 22 inclusive; Sections 25 to 29 inclusive;
Sections 32 to 36 inclusive; Those portions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 14, and 15 lying South of the Wapiti River; Those portions of Sections
13, 23, and 24 lying North and South of the Wapiti River; Those portions of
Sections 18, 19, 30, and 31 lying North of the Wapiti River.
Township 70, Range 8, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying South of the Wapiti River.
Township 70, Range 9, West of the 6th Meridian
Those portions of Sections 1, 2, and 11 lying South of the Wapiti River.
Township 70, Range 10, West of the 6th Meridian
Sections 29 to 32 inclusive; West halves of Sections 28 and 33; Those portions of
Sections 19, 20, and the West half of
Section 21 lying North of the Redwillow
River.
Township 70, Range 11, West of the 6th Meridian
Sections 2 to 11 inclusive; Sections 14 to 23 inclusive; Sections 26 to 36
inclusive; That portion of
Section 25 lying North of the Redwillow River.
Township 70, Range 12, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 70, Range 13, West of the 6th Meridian
Sections 13, 24, 25, and 36.
Township 71, Range 2, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying North and West of the Wapiti
River.
Township 71, Range 3, West of the 6th Meridian
Sections 7 to 9 inclusive; Sections 15 to 36 inclusive; That portion of the West
half of
Section 3 lying West of the Wapiti River; Northwest quarter and that
portion of the East half of
Section 4 lying West of the Wapiti River; That portion
Section 5 lying North of the Wapiti River; That portion of the North half and
Southwest quarter of
Section 6 lying North and West of the Wapiti River; That
portion of
Section 10 lying West of the Wapiti River; That portion of the
Northeast quarter of
Section 12 lying North of the Wapiti River; Those portions
of Sections 13 and 14 lying North of the Wapiti River.
Township 71, Range 4, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 71, Range 5, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 71, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 71, Range 7, West of the 6th Meridian
Sections 1 to 18 inclusive; Sections 20 to 28 inclusive; Sections 33 to 36
inclusive; South half of
Section 19; East halves of Sections 29 and 32.
Township 71, Range 8, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 71, Range 9, West of the 6th Meridian
Sections 1 to 4 inclusive; Sections 8 to 36 inclusive; Northeast quarter of
Section
5; North half of
Section 7.
Township 71, Range 10, West of the 6th Meridian
Sections 4 to 9 inclusive; Sections 13 to 36 inclusive; Northwest quarter of
Section 10.
Township 71, Range 11, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 71, Range 12, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 2, West of the 6th Meridian
Section 6; That portion of
Section 5 lying West of the Wapiti River; Those
portions of Sections 7, 8, 16, 17, 18, 19, 20, 21, 29, 30, and 31 lying West of the
Smoky River.
Township 72, Range 3, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 4, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 5, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 7, West of the 6th Meridian
Sections 1 to 4 inclusive; Sections 9, 35, and 36; East halves of Sections 5, 8, and
17; Those portions of Sections 10, 15, 16, and 21 lying South and West of Bear
Lake; Those portions of Sections 11, 12, 13, 14, 24, and 25 not included in Bear
Lake; That portion of
Section 20 lying South and East of Bear Lake; Those
portions of Sections 26, 27, 32, 33, and 34 lying North of Bear Lake.
Township 72, Range 8, West of the 6th Meridian
Sections 3 to 10 inclusive; Sections 17 to 20 inclusive; Sections 29 to 32
inclusive; Those portions of Sections 1, 2, and 11 lying South and West of
Saskatoon Lake.
Township 72, Range 9, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 10, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 11, West of the 6th Meridian
Sections 1 to 29 inclusive; Sections 33 to 36 inclusive; South half and Northeast
quarter of
Section 30; Northeast quarter of
Section 31; North half and Southeast
quarter of
Section 32.
Township 72, Range 12, West of the 6th Meridian
Sections 1 to 21 inclusive; Sections 23 and 24; Sections 29 to 32 inclusive; South
half and Northwest quarter of
Section 22; West halves of Sections 28 and 33.
Township 72, Range 13, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 73, Range 3, West of the 6th Meridian
Sections 5 and 6.
Township 73, Range 4, West of the 6th Meridian
Sections 1 to 11 inclusive; Sections 15 to 22 inclusive; Sections 27 to 36
inclusive.
Township 73, Range 5, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 73, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 73, Range 7, West of the 6th Meridian
Sections 1 to 17 inclusive; Sections 19 to 30 inclusive; Sections 32 to 36
inclusive; South half and Northeast quarter of
Section 18; East half of
Section 31.
Township 73, Range 9, West of the 6th Meridian
Sections 3 to 10 inclusive; West halves of Sections 18, 19, 30, and 31.
Township 73, Range 10, West of the 6th Meridian
Sections 1 to 3 inclusive; Sections 10 to 15 inclusive; Sections 22 to 27 inclusive;
Sections 34 and 35; South halves and Northeast quarters of Sections 4 and 33;
East halves of Sections 9, 16, 21, and 28; South half of
Section 36.
Township 73, Range 11, West of the 6th Meridian
Sections 3 to 5 inclusive; Sections 8 to 10 inclusive; Sections 15 to 17 inclusive;
Sections 20 to 22 inclusive; West half and Southeast quarter of
Section 2; West
halves of Sections 11 and 14; East halves of Sections 6, 7, 18, and 19; Southwest
quarters of Sections 23 and 26; South halves of Sections 27, 28, and 29;
Southeast quarter of
Section 30.
Township 73, Range 12, West of the 6th Meridian
Sections 5 to 8 inclusive; Sections 15 to 22 inclusive; Sections 27 to 30 inclusive;
Sections 33 and 34; West half of
Section 4; North half and Southwest quarter of
Section 9; North half of
Section 10; South half of
Section 31; South half and
Northeast quarter of
Section 32.
Township 73, Range 13, West of the 6th Meridian
Sections 1 to 6 inclusive; South halves of Sections 7 to 12 inclusive.
Township 74, Range 4, West of the 6th Meridian
Sections 1 to 18 inclusive.
Township 74, Range 5, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 74, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 74, Range 7, West of the 6th Meridian
Sections 1 to 4 inclusive; Sections 9 to 16 inclusive; Sections 21 to 28 inclusive;
Sections 33 to 36 inclusive; Northeast quarter of
Section 17; East half of
Section 20.
Township 74, Range 12, West of the 6th Meridian
Southwest quarter of
Section 2; South halves of Sections 3 and 4; Southeast
quarter of
Section 5.
Township 75, Range 5, West of the 6th Meridian
Sections 1 to 12 inclusive.
Township 75, Range 6, West of the 6th Meridian
Sections 1 to 12 inclusive.
Township 75, Range 7, West of the 6th Meridian
Sections 1 to 4 inclusive; Sections 9 to 12 inclusive.
Township 76, Range 5, West of the 6th Meridian
Sections 2 to 11 inclusive; Sections 15 to 22 inclusive; Sections 27 to 34
inclusive.
Township 76, Range 6, West of the 6th Meridian
Sections 1, 12, 13, 24, 25, and 36; Northeast quarter of
Section 35.
Township 77, Range 4, West of the 6th Meridian
Sections 3 to 30 inclusive.
Township 77, Range 5, West of the 6th Meridian
Sections 1 to 35 inclusive; Southwest quarter of
Section 36.
Township 77, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 77, Range 7, West of the 6th Meridian
Sections 3 and 4; Sections 7 to 10 inclusive; Sections 13 to 36 inclusive; East
half of
Section 1; West half of
Section 2; North halves of Sections 5 and 6; West
half and Northeast quarter of
Section 11; North half and Southeast quarter of
Section 12.
Township 77, Range 8, West of the 6th Meridian
Sections 7 to 36 inclusive; North halves of Sections 1 to 6 inclusive.
Township 77, Range 9, West of the 6th Meridian
Sections 7 to 36 inclusive; North halves of Sections 1 to 6 inclusive.
Township 77, Range 10, West of the 6th Meridian
Sections 7 to 36 inclusive; North halves of Sections 1 to 6 inclusive.
Township 77, Range 11, West of the 6th Meridian
Sections 12 and 13; Sections 24 to 26 inclusive; Sections 35 and 36; North half
Section 1; Northeast quarter of
Section 2; East halves of Sections 11, 14, and
Township 78, Range 5, West of the 6th Meridian
Sections 2 to 11 inclusive; Sections 14 to 23 inclusive; Sections 29 to 32
inclusive; West half of
Section 33; Northwest quarter of
Section 28.
Township 78, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 78, Range 7, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 78, Range 8, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 78, Range 9, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 78, Range 10, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 78, Range 11, West of the 6th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 23 to 26 inclusive;
Sections 35 and 36.
Township 79, Range 5, West of the 6th Meridian
Sections 4 to 9 inclusive; Sections 16 to 22 inclusive; Sections 27 to 34 inclusive;
Northwest quarter of
Section 3; Those portions of Sections 26, 35, and 36 lying
South and West of Dunvegan Creek.
Township 79, Range 6, West of the 6th Meridian
Sections 1 to 14 inclusive; Sections 18 to 36 inclusive; Those portions of
Sections 15, 16, and 17 lying North and South of the Ksituan River.
Township 79, Range 7, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 79, Range 8, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 79, Range 9, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 79, Range 10, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 79, Range 11, West of the 6th Meridian
Sections 1, 12, 13, 24, 25, and 36; East halves of Sections 2, 11, 14, 23, 26, and
Township 80, Range 3, West of the 6th Meridian
Sections 7 to 10 inclusive; Sections 13 to 23 inclusive; Sections 27 to 34
inclusive; Those portions of Sections 2, 3, 4, 5, 6, 11, and 12 lying North of the
Peace River; South half of
Section 24.
Township 80, Range 4, West of the 6th Meridian
Sections 12 to 36 inclusive; Those portions of Sections 1, 2, 7, 8, 9, 10, and 11
lying North of the Peace River.
Township 80, Range 5, West of the 6th Meridian
Sections 2 to 11 inclusive; Sections 15, 16, and 19; That portion of
Section 1
lying West of the Dunvegan Creek; Those portions of Sections 12, 17, and 18
lying South and West of the Peace River; Those portions of Sections 13, 14, 20,
and 21 lying North of the Peace River.
Township 80, Range 6, West of the 6th Meridian
Sections 1 to 23 inclusive; Sections 26 to 35 inclusive; Those portions of
Sections 24, 25, and 36 lying South, West and East of the Peace River.
Township 80, Range 7, West of the 6th Meridian
Sections 1 to 6 inclusive; Sections 9 to 15 inclusive; Sections 23 to 25 inclusive;
South halves of Sections 7 and 8.
Township 80, Range 8, West of the 6th Meridian
Sections 1 to 6 inclusive; West halves of Sections 7, 18, 19, and 30; Southeast
quarter of
Section 12.
Township 80, Range 9, West of the 6th Meridian
Sections 1 to 18 inclusive; Sections 20 to 24 inclusive; South halves of Sections
19, 26, and 27; South half and Northeast quarter of
Section 25.
Township 80, Range 10, West of the 6th Meridian
Sections 1 to 16 inclusive; South halves of Sections 17, 18, and 24.
Township 80, Range 11, West of the 6th Meridian
Sections 1 and 12; East halves of Sections 2 and 11; South half of
Section 13;
Southeast quarter of
Section 14.
Township 81, Range 2, West of the 6th Meridian
Sections 27 to 34 inclusive; North half and Southwest quarter of
Section 19;
North half and Southeast quarter of
Section 20; North half of
Section 21;
Northwest quarter of
Section 22.
Township 81, Range 3, West of the 6th Meridian
Sections 3 to 10 inclusive; Sections 14 to 31 inclusive; North half and Southwest
quarter of
Section 13.
Township 81, Range 4, West of the 6th Meridian
Sections 1 to 17 inclusive; Sections 20 to 27 inclusive; Sections 34 and 35; South
half and Northeast quarter of
Section 28; South half of
Section 29; South half and
Northwest quarter of
Section 36.
Township 81, Range 5, West of the 6th Meridian
Sections 1 to 12 inclusive; South halves of Sections 13, 14, and 15.
Township 81, Range 6, West of the 6th Meridian
Sections 2 to 5 inclusive; Sections 9 to 12 inclusive; That portion of
Section 1
lying East of the Peace River; Those portions of Sections 14 and 15 lying South
and West of the Peace River.
Township 82, Range 2, West of the 6th Meridian
Sections 3 to 10 inclusive; Sections 16, 18, and 19; Northwest quarter and South
half of
Section 15; South half of
Section 17.
Township 82, Range 3, West of the 6th Meridian
Sections 1 to 34 inclusive; West half of
Section 35.
Township 82, Range 4, West of the 6th Meridian
Sections 1 to 3 inclusive; Sections 10 to 15 inclusive; Sections 22 to 27 inclusive;
Sections 34 to 36 inclusive; Northeast quarter of
Section 21; East halves of
Sections 28 and 33.
Township 84, Range 2, West of the 6th Meridian
Sections 7, 18, 19, 30, and 31; North half and Southwest quarter of
Section 6;
Northwest quarter of
Section 5; West halves of Sections 8, 17, 20, 29, and 32.
Township 84, Range 3, West of the 6th Meridian
Section 1; Sections 12 to 14 inclusive; Sections 19 to 36 inclusive; East half of
Section 15.
Township 85, Range 3, West of the 6th Meridian
Sections 1 to 36 inclusive.
______________
Ministerial Order (#037/2004)
(School Act)
I, Dr. Lyle Oberg, Minister of Learning, pursuant to
Section 239 of the School Act,
make the Order in the attached Appendix, being The Grande Prairie Rural School
District No. 3287 (Peace Wapiti Regional Division No. 33) Boundary Adjustment
Order.
Dated at Edmonton, Alberta, June 29, 2004.
Phil Gougeon, Acting Deputy Minister.
APPENDIX
The Grande Prairie Rural School District No. 3287
(Peace Wapiti Regional Division No. 33)
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all of the lands are taken from the
following district and are added to The Grande Prairie Rural School District No.
3287:
The Glass Lake School District No. 3785.
2 Pursuant to
Section 239 of the School Act, the following district is dissolved:
The Glass Lake School District No. 3785.
3 The Grande Prairie Rural School District No. 3287 shall be comprised of the
following lands:
Township 67, Range 4, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying West of the Smoky River.
Township 67, Range 5, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 67, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 67, Range 7, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 67, Range 8, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 67, Range 9, West of the 6th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 23 to 26 inclusive;
Sections 35 and 36.
Township 68, Range 4, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying West of the Smoky River.
Township 68, Range 5, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying West of the Smoky River.
Township 68, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 68, Range 7, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 68, Range 8, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 68, Range 9, West of the 6th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 23 to 26 inclusive;
Sections 35 and 36.
Township 69, Range 4, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying West of the Smoky River.
Township 69, Range 5, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 69, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 69, Range 7, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 69, Range 8, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 69, Range 9, West of the 6th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 23 to 26 inclusive;
Sections 35 and 36.
Township 69, Range 11, West of the 6th Meridian
Sections 33 and 34; Northeast quarter of
Section 31; East half of
Section 32.
Township 70, Range 4, West of the 6th Meridian
Sections 28 to 35 inclusive; Those portions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 23, and 24 lying South of the Wapiti River; Those
portions of Sections 19, 20, 21, 22, 25, 26, and 27 lying North and South of the
Wapiti River; Those portions of
Section 36 lying North and South of the Wapiti
River and between the Wapiti River and the Bear River.
Township 70, Range 5, West of the 6th Meridian
Sections 22 and 23; Sections 25 to 36 inclusive; Those portions of Sections 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 18 lying South of the Wapiti River; Those
portions of Sections 13, 14, 15, 16, 17, 19, 20, 21, and 24 lying North and South
of the Wapiti River.
Township 70, Range 6, West of the 6th Meridian
Sections 19 to 21 inclusive; Sections 25 to 36 inclusive; Those portions of
Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 lying South of the Wapiti
River; Those portions of Sections 14, 15, 16, 17, 18, 22, 23, and 24 lying North
and South of the Wapiti River.
Township 70, Range 7, West of the 6th Meridian
Sections 16 and 17; Sections 20 to 22 inclusive; Sections 25 to 29 inclusive;
Sections 32 to 36 inclusive; Those portions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 14, and 15 lying South of the Wapiti River; Those portions of Sections
13, 23, and 24 lying North and South of the Wapiti River; Those portions of
Sections 18, 19, 30, and 31 lying North of the Wapiti River.
Township 70, Range 8, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying South of the Wapiti River.
Township 70, Range 9, West of the 6th Meridian
Those portions of Sections 1, 2, and 11 lying South of the Wapiti River.
Township 70, Range 10, West of the 6th Meridian
Sections 29 to 32 inclusive; West halves of Sections 28 and 33; Those portions of
Sections 19, 20, and the West half of
Section 21 lying North of the Redwillow
River.
Township 70, Range 11, West of the 6th Meridian
Sections 2 to 11 inclusive; Sections 14 to 23 inclusive; Sections 26 to 36
inclusive; That portion of
Section 25 lying North of the Redwillow River.
Township 70, Range 12, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 70, Range 13, West of the 6th Meridian
Sections 13, 24, 25, and 36.
Township 71, Range 2, West of the 6th Meridian
Those portions of Sections 1 to 36 inclusive lying North and West of the Wapiti
River.
Township 71, Range 3, West of the 6th Meridian
Sections 7 to 9 inclusive; Sections 15 to 36 inclusive; That portion of the West
half of
Section 3 lying West of the Wapiti River; Northwest quarter and that
portion of the East half of
Section 4 lying West of the Wapiti River; That portion
Section 5 lying North of the Wapiti River; That portion of the North half and
Southwest quarter of
Section 6 lying North and West of the Wapiti River; That
portion of
Section 10 lying West of the Wapiti River; That portion of the
Northeast quarter of
Section 12 lying North of the Wapiti River; Those portions
of Sections 13 and 14 lying North of the Wapiti River.
Township 71, Range 4, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 71, Range 5, West of the 6th Meridian
Sections 1 to 6 inclusive; Sections 8 to 17 inclusive; Sections 20 to 29 inclusive;
Sections 32 to 36 inclusive; South half and Northeast quarter of
Section 7; East
halves of Sections 18, 19, and 30; Southeast quarter of
Section 31.
Township 71, Range 6, West of the 6th Meridian
Sections 1 to 9 inclusive; Sections 16 to 20 inclusive; Sections 29 to 33 inclusive;
South halves of Sections 10 to 12 inclusive; That portion of the Northwest
quarter of
Section 10 lying South of the road allowance; South half and
Northwest quarter of
Section 21; Northwest quarter of
Section 27; North half and
Southwest quarter of
Section 28; West half of
Section 34.
Township 71, Range 7, West of the 6th Meridian
Sections 1 to 18 inclusive; Sections 20 to 28 inclusive; Sections 33 to 36
inclusive; South half of
Section 19; East halves of Sections 29 and 32.
Township 71, Range 8, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 71, Range 9, West of the 6th Meridian
Sections 1 to 4 inclusive; Sections 8 to 36 inclusive; Northeast quarter of
Section
5; North half of
Section 7.
Township 71, Range 10, West of the 6th Meridian
Sections 4 to 9 inclusive; Sections 13 to 36 inclusive; Northwest quarter of
Section 10.
Township 71, Range 11, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 71, Range 12, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 2, West of the 6th Meridian
Section 6; That portion of
Section 5 lying West of the Wapiti River; Those
portions of Sections 7, 8, 16, 17, 18, 19, 20, 21, 29, 30, and 31 lying West of the
Smoky River.
Township 72, Range 3, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 4, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 5, West of the 6th Meridian
Sections 1 to 5 inclusive; Sections 7 to 36 inclusive; West half and Northeast
quarter of
Section 6.
Township 72, Range 6, West of the 6th Meridian
Sections 3 to 36 inclusive; North half and Southeast quarter of
Section 1; North
half and Southwest quarter of
Section 2.
Township 72, Range 7, West of the 6th Meridian
Sections 1 to 4 inclusive; Sections 9, 35, and 36; East halves of Sections 5, 8, and
17; Those portions of Sections 10, 11, 12, 13, 14, 15, 16, 20, 21, 24, 25, 26, 27,
32, 33, and 34 not included in the Bear Lake.
Township 72, Range 8, West of the 6th Meridian
Sections 3 to 10 inclusive; Sections 17 to 20 inclusive; Sections 29 to 32
inclusive; Those portions of Sections 1, 2, and 11 lying South and West of the
Saskatoon Lake.
Township 72, Range 9, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 10, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 72, Range 11, West of the 6th Meridian
Sections 1 to 29 inclusive; Sections 33 to 36 inclusive; South half and Northeast
quarter of
Section 30; Northeast quarter of
Section 31; North half and Southeast
quarter of
Section 32.
Township 72, Range 12, West of the 6th Meridian
Sections 1 to 21 inclusive; Sections 23 and 24; Sections 29 to 32 inclusive; South
half and Northwest quarter of
Section 22; West halves of Sections 28 and 33.
Township 72, Range 13, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 73, Range 3, West of the 6th Meridian
Sections 5 and 6.
Township 73, Range 4, West of the 6th Meridian
Sections 1 to 11 inclusive; Sections 15 to 22 inclusive; Sections 27 to 36
inclusive.
Township 73, Range 5, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 73, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 73, Range 7, West of the 6th Meridian
Sections 1 to 17 inclusive; Sections 19 to 30 inclusive; Sections 32 to 36
inclusive; South half and Northeast quarter of
Section 18; East half of
Section 31.
Township 73, Range 9, West of the 6th Meridian
Sections 3 to 10 inclusive; West halves of Sections 18, 19, 30, and 31.
Township 73, Range 10, West of the 6th Meridian
Sections 1 to 3 inclusive; Sections 10 to 15 inclusive; Sections 22 to 27 inclusive;
Sections 34 and 35; South halves and Northeast quarters of Sections 4 and 33;
East halves of Sections 9, 16, 21, and 28; South half of
Section 36.
Township 73, Range 11, West of the 6th Meridian
Sections 3 to 5 inclusive; Sections 8 to 10 inclusive; Sections 15 to 17 inclusive;
Sections 20 to 22 inclusive; West half and Southeast quarter of
Section 2; West
halves of Sections 11 and 14; East halves of Sections 6, 7, 18, and 19; Southwest
quarters of Sections 23 and 26; South halves of Sections 27, 28, and 29;
Southeast quarter of
Section 30.
Township 73, Range 12, West of the 6th Meridian
Sections 5 to 8 inclusive; Sections 15 to 22 inclusive; Sections 27 to 30 inclusive;
Sections 33 and 34; West half of
Section 4; North half and Southwest quarter of
Section 9; North half of
Section 10; South half of
Section 31; South half and
Northeast quarter of
Section 32.
Township 73, Range 13, West of the 6th Meridian
Sections 1 to 6 inclusive; South halves of Sections 7 to 12 inclusive.
Township 74, Range 4, West of the 6th Meridian
Sections 1 to 18 inclusive.
Township 74, Range 5, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 74, Range 6, West of the 6th Meridian
Sections 1 to 36 inclusive.
Township 74, Range 7, West of the 6th Meridian
Sections 1 to 4 inclusive; Sections 9 to 16 inclusive; Sections 21 to 28 inclusive;
Sections 33 to 36 inclusive; Northeast quarter of
Section 17; East half of
Section
Township 74, Range 12, West of the 6th Meridian
Southwest quarter of
Section 2; South halves of Sections 3 and 4; Southeast
quarter of
Section 5.
Township 75, Range 5, West of the 6th Meridian
Sections 1 to 12 inclusive.
Township 75, Range 6, West of the 6th Meridian
Sections 1 to 12 inclusive.
Township 75, Range 7, West of the 6th Meridian
Sections 1 to 4 inclusive; Sections 9 to 12 inclusive.
______________
Ministerial Order (#038/2004)
(School Act)
I, Dr. Lyle Oberg, Minister of Learning, pursuant to
Section 239 of the School Act,
make the Order in the attached Appendix, being The Baintree School District No.
3804 (Golden Hills School Division No. 75) Boundary Adjustment Order.
Dated at Edmonton, Alberta, June 29, 2004.
Phil Gougeon, Acting Deputy Minister.
APPENDIX
The Baintree School District No. 3804
(Golden Hills School Division No. 75)
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all of the lands are taken from the
following districts and are added to The Baintree School District No. 3804:
(
a) The Cheadle Buttes School District No. 2516
(
b) The Glamis School District No. 4854
(
c) The Glenrose School District No. 3164
(
d) The Landseer School District No. 3960
(
e) The Layden School District No. 3682
(
f) The Nightingale School District No. 2484
(
g) The Serviceberry School District No. 2258
(
h) The Valley Gardens School District No. 3658
2 The Baintree School District No. 3804 shall be comprised of the following lands:
Township 25, Range 23, West of the 4th Meridian
Sections 3 to 10 inclusive; Sections 15 to 23 inclusive; Sections 26 to 35
inclusive; West half of
Section 36.
Township 25, Range 24, West of the 4th Meridian
Sections 11 to 15 inclusive; Sections 17 to 36 inclusive; North half of
Section 1;
North half and Southwest quarter of
Section 16.
Township 25, Range 25, West of the 4th Meridian
Sections 13 to 36 inclusive; Northwest quarter of
Section 10.
Township 25, Range 26, West of the 4th Meridian
Sections 13 to 17 inclusive; Sections 20 to 28 inclusive; Sections 33 to 36
inclusive.
Township 26, Range 23, West of the 4th Meridian
Sections 2 to 7 inclusive; Sections 18 and 19;
Section 31; North half of
Section
Township 26, Range 24, West of the 4th Meridian
Sections 1 to 30 inclusive; Sections 35 and 36; South half and Northeast quarter
Section 34.
Township 26, Range 25, West of the 4th Meridian
Sections 1 to 25 inclusive.
______________
Ministerial Order (#042/2004)
(School Act)
I, Dr. Lyle Oberg, Minister of Learning, pursuant to
Section 239 of the School Act,
make the Order in the attached Appendix, being The Teepee Creek School District
No. 3911 (Grande Prairie Rural School District No. 3287) Boundary Adjustment
Order.
Dated at Edmonton, Alberta, August 19, 2004.
Dr. Lyle Oberg, Minister.
APPENDIX
The Teepee Creek School District No. 3911
(Grande Prairie Rural School District No. 3287)
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all of the lands are taken from the
following districts and are added to The Teepee Creek School District No. 3911:
(
a) The Rivertop School District No. 4371
(
b) The Tranquility School District No. 4495
(
c) The Fitzsimmons School District No. 4500
(
d) The Webster Trail School District No. 4812
2 The Teepee Creek School District No. 3911 shall be comprised of the following
lands:
Township 73, Range 2, West of the 6th Meridian
Sections 30 to 33 inclusive; Those portions of Sections 6, 7, 18, 19, 20, 28, 29,
and 34 lying West of the Smoky River.
Township 73, Range 3, West of the 6th Meridian
Sections 1 to 4 inclusive; Sections 7 to 36 inclusive.
Township 73, Range 4, West of the 6th Meridian
Sections 12 to 14 inclusive; Sections 23 to 26 inclusive.
Township 74, Range 2, West of the 6th Meridian
Sections 5 to 8 inclusive; Sections 17 to 21 inclusive; Those portions of Sections
3, 4, 9, 15, 16, and 22 lying West of the Smoky River.
Township 74, Range 3, West of the 6th Meridian
Sections 1 to 24 inclusive; Sections 26 to 34 inclusive.
Township 74, Range 4, West of the 6th Meridian
Sections 19 to 36 inclusive.
______________
Ministerial Order (#043/2004)
(School Act)
I, Dr. Lyle Oberg, Minister of Learning, pursuant to
Section 239 of the School Act,
make the Order in the attached Appendix, being The Saskatoon Lake School District
No. 2518 (Grande Prairie Rural School District No. 3287) Boundary Adjustment
Order.
Dated at Edmonton, Alberta, August 19, 2004.
Dr. Lyle Oberg, Minister.
APPENDIX
The Saskatoon Lake School District No. 2518
(Grande Prairie Rural School District No. 3287)
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all of the lands are taken from the
following districts and are added to The Saskatoon Lake School District No.
2518:
(
a) The Hermit Lake School District No. 3250
(
b) The Big Horn School District No. 3312
2 The Saskatoon Lake School District No. 2518 shall be comprised of the
following lands:
Township 71, Range 7, West of the 6th Meridian
Sections 30 and 31; North half of
Section 19; West halves of Sections 29 and 32.
Township 72, Range 7, West of the 6th Meridian
Sections 7, 18, 19, 30, and 31; West halves of Sections 5, 8, and 17; That portion
Section 2 lying West of the Hermit Lake; That portion of
Section 6 not
included in the Saskatoon Lake; That portion of
Section 29 not included in the
Bear Lake.
Township 72, Range 8, West of the 6th Meridian
Sections 12 to 16 inclusive; Sections 21 to 28 inclusive; Sections 33 to 36
inclusive; That portion of the North half and Southeast quarter of
Section 11
lying North and East of the Saskatoon Lake.
Township 73, Range 7, West of the 6th Meridian
Northwest quarter of
Section 18.
Township 73, Range 8, West of the 6th Meridian
Sections 1 to 3 inclusive; Sections 10 to 15 inclusive; Sections 22 to 25 inclusive;
East halves of Sections 4, 9, and 16; Southeast quarter of
Section 21; South half
and Northeast quarter of
Section 26.
Safety Codes Council
Joint Municipal Accreditation - Amendment
(Safety Codes Act)
Pursuant to
Section 26 of the Safety Codes Act, it is hereby ordered that the
Safety Codes Council, are authorized to administer the Safety Codes Act within their
jurisdiction for Fire, all Parts of the Alberta Fire Code, including Investigations,
excluding
Part 4 requirements for Tank Storage of Flammable & Combustible
Liquids.
Accreditation No. M000276, Order No. O00000463, August 9, 2004
Town of Edson
______________
Joint Municipal Accreditation - Amendment
(Safety Codes Act)
Pursuant to
Section 26 of the Safety Codes Act, it is hereby ordered that the
Safety Codes Council, are authorized to administer the Safety Codes Act within their
jurisdiction for Fire, all Parts of the Alberta Fire Code, including Investigations,
excluding
Part 4 requirements for Tank Storage of Flammable & Combustible
Liquids.
Accreditation No. M000327, Order No. O00000648, August 9, 2004
Town of High River
______________
Joint Municipal Accreditation - Amendment
(Safety Codes Act)
Pursuant to
Section 26 of the Safety Codes Act, it is hereby ordered that the
Safety Codes Council, are authorized to administer the Safety Codes Act within their
jurisdiction for Fire, all Parts of the Alberta Fire Code, including Investigations,
excluding
Part 4 requirements for Tank Storage of Flammable & Combustible
Liquids.
Accreditation No. M000254, Order No. O00000555, August 9, 2004
Town of Redcliff
Alberta Securities Commission
ASC RULE 45-509
Offering Memorandum for Real Estate Securities
(Securities Act)
Made as a rule by the Alberta Securities Commission on August 11, 2004 pursuant to
sections 223 and 224 of the Securities Act.
ALBERTA SECURITIES COMMISSION RULES
RULE 45-509
OFFERING MEMORANDUM FOR REAL ESTATE SECURITIES
Definitions
In this Instrument,
(
a) the "Form" means Form 45-509F Offering Memorandum for Real Estate
Securities;
(b) "MI 45-103" means Multilateral Instrument 45-103 Capital Raising
Exemptions;
(c) "real estate project" means
(
i) a business or undertaking that is proposed primarily to generate for
purchasers of real estate securities income, gain or other return, or
funds distributable on dissolution or sale, the amount of which is
primarily dependent on the use or management of real property by
persons other than those purchasers, or
(ii) real property that is proposed to be developed or redeveloped for
use in a business or undertaking described in (i), or for resale, and
(d) "real estate security" is an investment contract under which
(
i) the purchaser's economic entitlement is to a material extent
attributable to a real estate project, and
(ii) the occupation or use by the purchaser of the real property that is
the subject of the real estate project is prohibited or materially
restricted.
2. Required Form of Offering Memorandum
Despite
section 8.1 of MI 45-103, an issuer of a real estate security relying on
the offering memorandum exemptions set out in subsections 4.1(3) or (4) of MI
45-103 must prepare an offering memorandum in accordance with the Form.
3. Values to be Supported by Independent Appraisals
(1) If an offering memorandum referred to in
section 2 discloses a value of a
real estate project or of real property, whether required under subsection
3.3(1) of the Form or disclosed voluntarily, that value must have been
determined in an appraisal made in accordance with the standards of the
Appraisal Institute of Canada by an independent qualified appraiser.
(2) The issuer must provide a purchaser of the real estate security, on request
and without charge, a copy of the appraisal referred to in subsection (1).
(3) For the purpose of subsection (1) and the Form:
(
a) a "qualified appraiser" means an accredited member of the
Appraisal Institute of Canada in good standing, and
(
b) a qualified appraiser is "independent" if the qualified appraiser
does not have, or expect to have, any agreement, arrangement,
understanding, employment or other relationship with, or any
interest in, any person or company, the real estate project, the real
property or any adjacent property, that a reasonable person would
consider to be an influence on the qualified appraiser's judgement
concerning the value.
4. Future-Oriented Financial Information
(1) If an offering memorandum referred to in
section 2 includes future-
oriented financial information (FOFI):
(
a) the FOFI must be audited,
(
b) if, before the issuer accepts an agreement by a purchaser to
purchase the offered real estate security, a change occurs in the
events or assumptions used to prepare the FOFI that has a material
effect on the FOFI, update the offering memorandum in
accordance with MI 45-103, and
(
c) the issuer must annually file and send to the purchaser a
comparison of the FOFI to the actual results for the same period.
(2) For the purpose of subsection (1) and the Form, "future-oriented financial
information" means information, presented as either a forecast or
projection, about prospective results of operations, financial position or
changes in financial position based on assumptions about future economic
conditions and courses of action.
5. Effective Date
This Rule comes into force on September 15, 2004.
ALBERTA SECURITIES COMMISSION RULE 45-509
FORM 45-509F
OFFERING MEMORANDUM FOR REAL ESTATE SECURITIES
Table of Contents
General Instructions and
Interpretation
Contents of the Offering Memorandum
Item 1 Cover Page
1.1 Mandatory Disclosure on the Cover Page
Item 2 The Real Estate Security
2.1 Real Estate Security
2.2 Purchaser's Interest in Real Property
2.3 Subscription Procedure
Item 3 The Real Estate Project
3.1 Real Estate Project
3.2 Real Property
3.3 Values of the Real Property or Real Estate Project
3.4 History of Ownership of the Real Property
3.5 Approvals
3.6 Capital Requirements of the Real Estate Project
3.7 Objectives
3.8 Material Agreements
3.9 Interest of Management and Others in Material Transactions
Item 4 The Offering
4.1 Net Proceeds
4.2 Use of Net Proceeds
4.3 Insufficient Proceeds
4.4 Future Cash Calls
Item 5 Risk Factors
5.1 Mandatory Statement
5.2 Risk Factors
Item 6 Prior Sales of the Real Estate Security
6.1 Prior Sales
Item 7 The Issuer
7.1 Description of the Issuer
7.2 Business of the Issuer
7.3 Role of the Issuer in the Real Estate Project
Item 8 Directors, Officers and Promoters
8.1 Directors, Officers, Promoters and Control Persons of the Issuer
8.2 Promoters of the Real Estate Project and Principal Holders of the Real
Estate Securities
Item 9 Compensation Paid to Sellers and Finders
9.1 General Compensation
9.2 Compensation Paid in Real Estate Securities
Item 10 Income Tax Consequences and RRSP Eligibility
10.1 Income Tax Consequences
10.2 RRSP Eligibility
Item 11 Subsequent Information
11.1 Subsequent Information to be Provided
11.2 Mandatory Statement
Item 12 Resale Restrictions
12.1 Resale Restrictions under Securities Legislation
12.2 Other Resale Restrictions
Item 13 Purchaser's Rights
13.1 Mandatory Statement
Item 14 Financial Statements
14.1 Financial Statements of the Real Estate Project
14.2 Requirements for Other Financial Statements
Item 15 Date and Certificate
15.1 Mandatory Statement
15.2 Signatories of the Certificate
Appendix - Financial Statement Requirements
ALBERTA SECURITIES COMMISSION RULE 45-509
FORM 45-509F
OFFERING MEMORANDUM FOR REAL ESTATE SECURITIES
General Instructions and
Interpretation
1. Required Form
An issuer must prepare its offering memorandum in accordance with this form
if it is offering real estate securities using the offering memorandum exemptions
(OM Exemptions) set out in subsections 4.1(3) or (4) of Multilateral Instrument
45-103 Capital Raising Exemptions (MI 45-103). See
section 2 of ASC Rule
45-509 Offering Memorandum for Real Estate Securities (ASC Rule 45-509)
for this requirement.
Although the issuer must prepare the offering memorandum in accordance with
this form and not the forms listed in MI 45-103, such offerings of real estate
securities must still comply with other requirements set out in MI 45-103 that
pertain to the OM Exemptions. Issuers should refer to
Part 4 of MI 45-103 for
those requirements and to its companion policy for guidance relating to the use
of the OM Exemptions. See
section 2 of Companion Policy 45-509CP for
additional guidance about the interaction of MI 45-103 and ASC Rule 45-509.
2. Use of this Form
(
a) Draft the offering memorandum so that it is easy to read and understand.
Be concise and use clear, plain language. Avoid technical terms. If
technical terms are necessary, provide
definitions.
(
b) Address the items required by this form; however, it is not necessary to
provide disclosure about an item that does not apply.
(
c) You must disclose the information required by item 1 on the cover page
of the offering memorandum and the certificate required by item 15 on the
last page. Otherwise you do not have to use the order, numbering, or
headings included in this form.
(
d) You may include additional information in the offering memorandum
other than that specifically required by this form. However, the offering
memorandum is generally not required to contain the level of detail and
extent of disclosure required by a prospectus.
(
e) You may construct the offering memorandum using another form of
disclosure document, by supplementing or "wrapping" the other
disclosure document with the additional information and certificates
required by this form, so that the complete document contains all of the
information and certificates required by this form. The offering
memorandum may provide a cross-reference to the page number or
heading in the wrapped document where the relevant information is
contained. The certificate to the offering memorandum must be modified
to indicate that the offering memorandum, including the document around
which it is wrapped, does not contain a misrepresentation.
(
f) It is an offence to make a misrepresentation in the offering memorandum.
This applies both to information that is required by the form and to any
additional information that is voluntarily provided.
Definitions
In this Form,
(a) "principal holder of the real estate securities" means a holder of the real
estate securities who holds a sufficient number of the real estate securities
to affect materially the control of the real estate project;
(b) "qualified appraiser" means an accredited member of the Appraisal
Institute of Canada in good standing;
(c) "real estate project" means
(
i) a business or undertaking that is proposed primarily to generate for
purchasers of real estate securities income, gain or other return, or
funds distributable on dissolution or sale, the amount of which is
primarily dependent on the use or management of real property by
persons other than those purchasers, or
(ii) real property that is proposed to be developed or redeveloped for
use in a business or undertaking described in (
i) or for resale;
(d) "real estate security" is an investment contract under which
(
i) the purchaser's economic entitlement is to a material extent
attributable to a real estate project, and
(ii) the occupation or use by the purchaser of the real property that is
the subject of the real estate project is prohibited or materially
restricted; and
(e) "related party" includes
(
i) a director, officer, promoter or control person of the issuer,
(ii) a promoter of the real estate project or a principal holder of the real
estate securities,
(iii) in regard to a person referred to in (
i) or (ii), that person's child,
parent, grandparent or sibling, or other relative living in the same
residence,
(iv) in regard to a person referred to in (i), (ii), or (iii), his or her spouse
or a person with whom he or she is living in a marriage-like
relationship,
(
v) an insider of the issuer (and if the issuer is not a reporting issuer,
the reference to "insider" includes persons or companies who
would be insiders of the issuer if that issuer were a reporting
issuer),
(vi) a company controlled by one or more individuals referred to in (
i) to (v), and
(vii) in the case of an insider, promoter, or control person of the issuer,
or of a promoter of the real estate project or principal holder of the
real estate securities, that is not an individual, any person or
company that controls that entity.
4. Who is the issuer?
See
section 4 of Companion Policy 45-509CP for guidance about determining
who the issuer is.
5. Requirements for non-corporate issuers
(
a) If the issuer is a limited partnership,
(
i) provide disclosure for the general partner(
s) of the limited
partnership where this form requires disclosure about directors of
the issuer,
(ii) provide disclosure of the directors and senior officers of the
general partner if the general partner is a corporation,
(iii) the general partner must sign the certificate as promoter of the
issuer, and
(iv) the chief executive officer, chief financial officer and directors of
the general partner must sign as the chief executive officer, chief
financial officer and directors of the issuer if the general partner is
a corporation.
(
b) If the issuer is a trust,
(
i) provide disclosure for the trustee(
s) and manager of the trust where
this form requires disclosure about directors of the issuer,
(ii) provide disclosure of the directors and senior officers of the trustee
if the trustee is a corporation,
(iii) provide disclosure of the directors and senior officers of the
manager of the trust if the manager of the trust is a corporation,
(iv) each trustee and the manager of the trust must sign the certificate
as promoters of the issuer,
(
v) the signing officers of the trustee must also sign the certificate as
promoters of the issuer if the trustee is a corporation, and
(vi) the chief executive officer, chief financial officer and directors of
the manager must sign as the chief executive officer, chief
financial officer and directors of the issuer if the manager of the
trust is a corporation.
(
c) See
section 5 of the Companion Policy 45-509CP for guidance for non-
corporate issuers.
Contents of the Offering Memorandum
Item 1 Cover Page
1.1 Mandatory Disclosure on the Cover Page
(1) The information required by this
section 1.1 must be disclosed on the first
page of the offering memorandum.
(2) At the top of the cover page state in bold:
"No securities regulatory authority has assessed the merits of this
offering or reviewed this offering memorandum. Any representation
to the contrary is an offence.
The information disclosed on this page is a
summary only.
Purchasers should read the entire offering memorandum for full
details about the offering.
This is a risky investment. You could lose all the money you invest."
(3) State the date of the offering memorandum, which must be the same date
as on the certificate page.
(4) State the issuer's full legal name, addresses of the issuer's head office and
registered office, phone number, fax number and e-mail address.
(5) Provide a
summary of the offering including the following information:
(
a) describe the real estate security including its price and key terms;
(
b) state whether there is a minimum and maximum to the offering,
and if there is no minimum, state "There is no minimum and you
may be the only purchaser.";
(
c) state the proposed closing date(s);
(
d) describe any tax consequences and cross-reference to the
information disclosed under item 10; and
(
e) state the name of the selling agent.
(6) State in bold:
"You have 2 business days to cancel your agreement to purchase
these real estate securities. If there is a misrepresentation in this
offering memorandum, you have the right to sue either for damages
or to cancel the agreement. See 'Purchaser's Rights' on page ?.
You will not be able to sell these real estate securities except in very
limited circumstances. You may never be able to resell these real
estate securities. See 'Resale Restrictions' on page ?."
Item 2 The Real Estate Security
2.1 Real Estate Security
Describe the material terms of the real estate security, including the material
terms of all agreements that the purchaser must enter into with the issuer.
2.2 Purchaser's Interest in Real Property
(1) If, as part of the investment in the real estate security, the purchaser will
acquire an interest in real property, disclose the following:
(
a) what the interest in the real property is;
(
b) how the ownership of that interest will be evidenced;
(
c) any existing or anticipated encumbrances on that interest; and
(
d) any risks that pertain to owning that interest.
(2) If, as part of the investment in the real estate security, the purchaser will
not acquire an interest in real property, disclose that fact.
2.3 Subscription Procedure
(1) Describe how a purchaser can subscribe for the real estate securities and
the method of payment.
(2) State that the consideration will be held in trust and for how long it will be
held in trust. The consideration must be held in trust for at least two
business days pursuant to
section 4.6 of MI 45-103.
(3) Disclose any conditions of closing. If there is a minimum offering,
disclose when the consideration will be returned to purchasers if the
minimum is not met.
Item 3 The Real Estate Project
3.1 Real Estate Project
Describe the real estate project.
3.2 Real Property
(1) Describe the real property pertaining to the real estate project, including
the following:
(
a) its location, both legal and descriptive;
(
b) ownership as described on legal title;
(
c) a
summary of encumbrances, covenants and conditions relating to
the real property and a description of how they may affect the real
estate project and the purchaser's investment;
(
d) present use of the real property;
(
e) proposed use of the real property and why the issuer considers the
real property to be suitable for the real estate project;
(
f) disclose who provides utilities and services or, if they are not being
provided, describe how they will be provided and who will provide
them;
(
g) any environmental liabilities and hazards; and
(
h) any tax arrears.
(2) Describe any requirements, consents or procedures that pertain to a sale or
disposition of the real property.
3.3 Values of the Real Property or Real Estate Project
(1) If the real estate project is a proposal to develop or redevelop real
property for use in a business or undertaking (clause (ii) of the definition
of "real estate project"), disclose the market value of the real property,
based on the current permitted use of the real property, as determined by
an independent qualified appraiser.
(2) Disclosure of value of the real property or the real estate project, whether
required under subsection (1) or disclosed voluntarily, must also set out
the following:
(
a) a
summary of the appraisal;
(
b) the qualified appraiser's name and credentials;
(
c) the date of the appraisal;
(
d) the definition of "value" used by the qualified appraiser;
(
e) the basis on which the value was determined; and
(
f) the following mandatory statement:
"The stated value for [the real property or the real estate project] is
an estimate only. The amount that a purchaser might actually
receive if [the real property or the real estate project] were sold
may vary materially from this value because the value of real
estate is inherently volatile and is subject to numerous market
conditions."
(3) State that the purchaser is entitled to receive, on request and without
charge, a copy of the appraisal referred to in subsection (2).
Specific Instructions
(1) Only values of the real property or real estate project that have been
determined by a qualified appraiser who is independent of the issuer, the
real estate project and the real property can be disclosed in the offering
memorandum (see
section 3 of Rule 45-509).
(2) The appraiser must be an accredited member of the Appraisal Institute of
Canada in good standing and the value must be determined in an
appraisal made in accordance with the standards of the Appraisal
Institute of Canada.
3.4 History of Ownership of the Real Property
Using the following table and starting with the most recent owner, disclose the
following for the 2 years preceding the date of the offering memorandum:
(
a) the date of any transfer of the real property;
(
b) whether the transfer was to a related party, and if not, state "arm's
length";
(
c) if the transfer was to a related party, state the name of the related
party and describe the relationship to the issuer, the real estate
project or the real property; and
(
d) the amount and form of consideration exchanged for each transfer.
Date of Transfer
Arm's Length
or Related Party
Transfer
Name and
Relationship (if
Related Party)
Amount and Form of
Consideration
Exchanged
3.5 Approvals
(1) Disclose any approvals - municipal, provincial or otherwise - anticipated
to be required for the real estate project.
(2) Describe how the approvals will be obtained, including anticipated cost
and timing.
(3) Describe any reports that may be required, including anticipated cost and
timing.
(4) Discuss what will happen if the approvals are not obtained, including the
effect on the following:
(
a) the real estate project;
(
b) the purchaser's investment; and
(
c) the purchaser's interest in the real property.
3.6 Capital Requirements of the Real Estate Project
Disclose the following:
(
a) estimated costs to complete the real estate project;
(
b) material assumptions that underlie the cost estimates; and
(
c) when major costs will be incurred.
3.7 Objectives
(1) Disclose the short-term objectives for the real estate project over the next
24 months, including the following:
(
a) when and how the issuer intends to meet those short-term
objectives;
(
b) what the estimated costs will be; and
(
c) how the issuer will fund those costs.
(2) Disclose the long-term objectives for the real estate project, including the
following:
(
a) a timeline for meeting those long-term objectives; and
(
b) if the long-term objectives are to be completed in phases, provide
details about each phase.
(3) Discuss what might happen if any of the stated objectives are not met,
including the effect on the following:
(
a) the real estate project;
(
b) the purchaser's investment; and
(
c) the purchaser's interest in the real property.
3.8 Material Agreements
(1) Disclose all material agreements in connection to the real estate project
that have been entered into, or are reasonably expected to be entered into,
including any agreement that the purchaser may have to enter into.
(2) For each material agreement referred to in subsection (1) disclose the
following:
(
a) the effective date;
(
b) the parties' names and relationship with the issuer or real estate
project;
(
c) summary of obligations of each party;
(
d) any direct and any indirect compensation paid or payable including
acquisition fees, development fees, construction fees, management
fees, and fees paid in the form of equity or participating interests;
(
e) the purchase price and payment terms for any asset, property or
interest in an asset or property that has been or will be acquired,
disposed of, leased or under option;
(
f) the principal amount, repayment terms, security, due date and
interest rate for any credit agreement, mortgage, debenture or loan;
(
g) the amount of any finder's fee or commission paid or payable;
(
h) how each party can terminate the agreement including any costs
associated with terminating the agreement; and
(
i) the consequences if the agreement is breached or becomes
unenforceable.
3.9 Interest of Management and Others in Material Transactions
(1) Describe and state the approximate amount of any material interest, direct
or indirect, of any related party in any transaction within the 36 months
preceding the date of the offering memorandum, or in any proposed
transaction, that has materially affected or will materially affect the issuer,
the real property or the real estate project.
(2) The disclosure required under subsection (1) must include the following:
(
a) a description of the transaction;
(
b) the name of each related party;
(
c) the nature of the relationship to the issuer, the real property and the
real estate project; and
(
d) for any transaction involving the purchase of assets by, or sale of
assets to, the issuer or the real estate project, state the cost of the
assets to the purchaser, and the cost of the assets to the seller if
acquired by the seller within the 36 months preceding the date of
the offering memorandum.
Specific Instruction
For the purpose of subsection (1) the materiality of an interest is to be
determined on the basis of the significance of the information to purchasers of
the real estate security in light of the circumstances of the particular case.
Among the factors to be considered in determining the significance of the
information to those purchasers would be
* the importance of the interest to the person having the interest,
* the relationship of the parties to the transaction with each other, and
* the amount involved.
Item 4 The Offering
4.1 Net Proceeds
Using the following table, disclose the net proceeds of the offering. If there is
no minimum to the offering, state "$0" as the minimum.
Assuming
minimum
offering
Assuming
maximum
offering
Amount to be raised by this offering
Selling commissions and fees
Estimated offering costs (e.g. legal, accounting, audit)
Net proceeds
4.2 Use of Net Proceeds
(1) Using the following table, provide a detailed breakdown of how the issuer
will use the net proceeds.
Description of intended use of net
proceeds
Assuming minimum
offering
Assuming maximum
offering
(2) If any of the net proceeds will be paid to a related party, disclose in a note
to the table the name of the related party, its relationship to the issuer or
the real estate project, and the amount.
4.3 Insufficient Proceeds
(1) Disclose whether the net proceeds of the minimum offering will be
sufficient to accomplish all of the issuer's proposed short-term objectives
disclosed under subsection 3.7(1).
(2) If the net proceeds are insufficient to accomplish those short-term
objectives
(
a) state in bold:
"The net proceeds of this offering are insufficient to meet all of
our proposed short-term objectives and there is no assurance
that additional financing will be available.";
(
b) disclose how the issuer plans to fund the proposed short-term
objectives;
(
c) disclose the following if additional financing has been arranged:
(
i) the parties;
(ii) if the parties are related parties, describe the relationship; and
(iii) the key terms; and
(
d) discuss the effect on the purchaser's investment and on the
purchaser's interest in the real property if the issuer is unable to
obtain additional financing.
4.4 Future Cash Calls
Disclose whether the real estate security requires the purchaser to contribute
additional funds in the future and if so, disclose the following:
(
a) how much the purchaser will be required to contribute;
(
b) when the purchaser will be required to contribute; and
(
c) the effect on the purchaser's investment and the purchaser's
interest in the real property if
(
i) the purchaser fails to contribute, and
(ii) if the purchaser contributes, but other purchasers fail to
contribute.
Item 5 Risk Factors
5.1 Mandatory Statement
State in bold:
"Your rights under an agreement pertaining to real property may be
construed under the laws of the jurisdiction in which the real property is
located. Therefore, it is prudent to consult a lawyer who is familiar with
those laws before entering into an agreement to purchase the real estate
securities.
All real estate investment is subject to significant risk arising from rapidly
changing market conditions."
5.2 Risk Factors
(1) Disclose risk factors material to the real estate project that would most
likely influence a reasonable purchaser's decision to purchase the real
estate securities.
(2) If a risk factor has been disclosed under another item, there is no need to
repeat the disclosure about that risk factor under this item; however, the
issuer may provide a cross-reference to that disclosure.
(3) The disclosure about a risk factor should describe how the risk factor
could affect, where applicable, the following:
(
a) the real estate project;
(
b) the purchaser's investment; and
(
c) the purchaser's interest in the real property.
(4) The following are examples of risk factors that might be material to the
real estate project:
(
a) risks that are particular to the type of real estate project, for
example industry risks associated with
(
i) the development of undivided land into subdivisions, or
(ii) the operation of rental or time-share businesses,
(
b) risks associated with encumbrances, conditions, or covenants on
the real property that could affect
(
i) the purchaser's interest in the real property, and
(ii) the completion of the real estate project,
(
c) risks pertaining to the management of the real estate project, for
example,
(
i) rights of the purchaser in the management and control of the
real estate project, and
(ii) right of the purchaser to change the manager or developer of
the real estate project,
(
d) risks particular to ownership of the real property, for example,
potential liability for
(
i) environmental damage, and
(ii) unpaid obligations to builders, contractors and trades, and
(
e) any outstanding material litigation that relates to the real estate
project or a past real estate project against
(
i) the issuer,
(ii) a director, officer, promoter or control person of the issuer, or
(iii) a promoter of the real estate project.
Item 6 Prior Sales of the Real Estate Security
6.1 Prior Sales
Using the following table, disclose prior sales of the real estate security. If real
estate securities were previously issued in exchange for assets or services,
describe in a note to the table the assets or services that were exchanged.
Date of
issuance
Number of
subscribers
Number of real estate
securities issued
Price per real
estate security
Total funds
received
Item 7 The Issuer
7.1 Description of the Issuer
Disclose the business structure (e.g., partnership, corporation or trust), the
statute and the province or other jurisdiction under which the issuer is
incorporated, continued or organized, and the date of incorporation, continuance
or organization.
7.2 Business of the Issuer
Describe the principal business of the issuer during the past 5 years. This may
include principal projects, services, operations, market and strategies.
7.3 Role of the Issuer in the Real Estate Project
Disclose the following if the issuer has provided, or will provide, assets or
services to the real estate project:
(
a) what assets or services the issuer has provided or will provide; and
(
b) what consideration has been paid, or will be payable, to the issuer
for providing such assets or services.
Item 8 Directors, Officers and Promoters
8.1 Directors, Officers, Promoters and Control Persons of the Issuer
(1) Using the following table disclose the specified information about each
director, officer, promoter and control person of the issuer:
Name1 and
municipality of
principal
residence
Positions held
in the issuer
and the date the
position was
obtained
Number, type
and percentage
of securities of
the issuer held
Number and percentage of
real estate securities held
Minimum
offering
Maximum
offering
Note to the table:
1. If a promoter or control person of the issuer is not an individual,
state the name of any person or company that
(
a) beneficially owns or controls, directly or indirectly, more than
50% of the voting rights of that promoter or control person, or
(
b) is one of a combination of persons or companies acting in
concert that hold collectively more than 50% of the voting
rights of that promoter or control person.
(2) Disclose the following about each director, senior officer and promoter of
the issuer:
(
a) the person's principal occupations over the past five years;
(
b) any relevant experience in a business similar to the issuer's and in a
project similar to the real estate project; and
(
c) if the person has no such experience, state that fact.
(3) Penalties, Sanctions and Bankruptcy
(
a) Describe the penalties or sanctions imposed and the grounds on
which they were imposed, or the terms of any settlement
agreement and the circumstances that gave rise to the settlement
agreement, if a director, senior officer, promoter or control person
of the issuer has been subject to
(
i) any penalties or sanctions imposed by a court relating to
securities legislation or by a securities regulatory authority,
or has entered into a settlement agreement with a securities
regulatory authority, or
(ii) any other penalties or sanctions imposed by a court or
regulatory body that would likely be considered important to
a reasonable purchaser in making an investment decision.
(
b) Disclose if a director, senior officer, promoter or control person of
the issuer, within the 10 years preceding the date of the offering
memorandum,
(
i) became bankrupt,
(ii) made a proposal under any legislation relating to bankruptcy
or insolvency,
(iii) became subject to or instituted any proceedings, arrangement
or compromise with creditors, or
(iv) had a receiver, receiver manager or trustee appointed to hold
the assets of the director, officer or shareholder.
(
c) Describe the basis on which an order was made and whether the
order is still in effect if a director, senior officer, promoter or
control person of the issuer is, or has been within the 10 years
preceding the date of the offering memorandum, a director, senior
officer or promoter of any issuer that, while the person was acting
in that capacity,
(
i) was the subject of a cease trade order or a similar order, or an
order that denied that issuer access to any exemption under
securities legislation, for a period of more than 30
consecutive days, or
(ii) was subject to an event that resulted in that issuer being the
subject of a cease trade order or a similar order, or an order
that denied that issuer access to any exemption under
securities legislation, for a period of more than 30
consecutive days, after the person ceased to act in that
capacity.
(
d) Disclose if a director, senior officer, promoter or control person of
the issuer is, or has been within the 10 years preceding the date of
the offering memorandum, a director, senior officer or promoter of
any issuer that
(
i) became bankrupt,
(ii) made a proposal under any legislation relating to bankruptcy
or insolvency,
(iii) was subject to