Alberta Regulation 26/2009

Fair Trading Act

DIRECT SALES CANCELLATION AND EXEMPTION

AMENDMENT REGULATION

Filed: February 17, 2009

For information only: Made by the Minister of Service Alberta (M.O. SA:002/2009)

on February 11, 2009 pursuant to

section 25 of the Fair Trading Act.

1 The Direct Sales Cancellation and Exemption Regulation

(AR 191/99) is amended by this Regulation.

Section 4(

i) is amended by striking out "Alberta" and

substituting "Canada".

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

Alberta Regulation 27/2009

Municipal Government Act

CENTRAL WASTE MANAGEMENT COMMISSION

AMENDMENT REGULATION

Filed: February 18, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 53/2009)

on February 18, 2009 pursuant to

section 602.02 of the Municipal Government Act.

1 The Central Waste Management Commission Regulation

(AR 161/2007) is amended by this Regulation.

Section 2 is amended

(

a) by repealing clause (a);

(

b) by repealing clause (d);

(

c) by repealing clause (g);

(

d) by repealing clause (i);

(

e) by repealing clause (l);

(

f) by repealing clause (m).

Alberta Regulation 28/2009

Employment Pension Plans Act

EMPLOYMENT PENSION PLANS AMENDMENT REGULATION, 2009

Filed: February 18, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 54/2009)

on February 18, 2009 pursuant to

section 87 of the Employment Pension Plans Act.

Schedule 0.2 to the Employment Pension Plans

Regulation (AR 35/2000) is amended by this Regulation.

Section 3 is amended

(

a) by adding the following before subsection (1):

SMEPPs and

section 48(3)(c) - solvency moritoria

3(0.05) In this

section and in

section 3.3, "suspension period"

means the period for which payments are suspended under

subsection (1) as extended, if applicable, by subsection (1.1),

or under subsection (1.2), as the case may be.

(

b) in subsection (1)(

a) by adding "and cost certificate"

after "report";

(

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

(1.1) Notwithstanding anything in subsection (1), where the

Superintendent granted a consent under subsection (1) whose

term ended at any time in 2008, the employer's right to a

suspension of payments under that subsection is automatically

extended, without any break, until the end of 2011 on the

conditions set out in subsection (1)(

a) and (

b) and on any other

conditions that are or have been set in writing by the

Superintendent.

(1.2) The administrator of a specified multi-employer plan

may, at any time before 2012, apply to the Superintendent in

the form and manner required by the Superintendent for, and

the Superintendent may in writing, consent to the plan's

suspending payments that an employer is or was required by

section 48(3)(

c) of this Regulation to pay into the plan after

August 31, 2008 for the period, not exceeding 3 years from the

date before 2011 that is specified in the consent, on the

conditions set out in subsection (1)(

a) and (

b) and on any other

conditions set in writing by the Superintendent.

(

d) in subsection (2) by striking out "(1)" and

substituting "(1.2)";

(

e) in subsection (3)

(

i) by striking out "(1)" and substituting "(1.2);

(ii) in clause (

a) by striking out "as at the review date,

not being before December 31, 2005" and

substituting "and cost certificate as at the review

date, not being before August 31, 2008";

(

f) in subsection (4) by striking out "prepared under

subsection (1)" and substituting "and cost certificate

prepared under subsection (1), (1.1) or (1.2), as the case may

be";

(

g) in subsection (5)

(

i) by striking out "(1) cancelled" and substituting

"(1), (1.1) or (1.2) cancelled";

(ii) by striking out "referred to in subsection (1)(a)" and

substituting "and cost certificate prepared under

subsection (1), (1.1) or (1.2), as the case may be";

(

h) in subsection (6)

(

i) by adding ", (1.1) or (1.2)" after "(1)";

(ii) in clause (

b) by adding "and cost certificate" after

"report";

(iii) in clause (

c) by striking out "while the suspension

continues" and substituting "during the suspension

period";

(iv) in clause (

e) by striking out "of the" and

substituting "of this".

3 The following is added after

section 3:

Non-SMEPPs and

section 48(3)(c) - solvency moratorium

3.1(1) In this

section and in

section 3.3, "suspension period" means

the period for which payments are suspended under subsection (2).

(2) The administrator of a pension plan with defined benefit

provisions that is not a specified multi-employer plan may, at any

time before 2010, apply to the Superintendent in the form and

manner required by the Superintendent for, and the Superintendent

may in writing, consent to the plan's suspending payments that an

employer is or was required by

section 48(3)(

c) of this Regulation to

pay into the plan for the 3-year period following the review date for

the actuarial valuation report and cost certificate submitted under

subsection (4)(a), on condition that,

(

a) as soon as the suspension period ends, the administrator will

have an actuarial valuation report and cost certificate

prepared that will identify the solvency deficiency, if any, as

at that time, show the funded and solvency status of the plan

and otherwise meet the requirements of the Superintendent,

and

(

b) if a solvency deficiency exists, it will be amortized within 5

years from the end of that period.

(3) An administrator may make only one application in total under

subsection (2).

(4) The administrator must submit, along with the application under

subsection (2),

(

a) the actuarial valuation report and cost certificate, as at the

review date, not being before September 1, 2008 or after

December 31, 2009, to which the application relates, and

(

b) any other documents required by the Superintendent.

(5) The administrator shall, within 180 days after the end of the

suspension period, file the actuarial valuation report and cost

certificate prepared under subsection (2)(a).

(6) An administrator who wishes to have the suspension under

subsection (2) cancelled may do so within the suspension period by

notifying the Superintendent in writing of that intention and by filing

an actuarial valuation report and cost certificate referred to in

subsection (2)(a).

(7) The Superintendent's consent under subsection (2) applies or

continues to apply only if

(

a) section 48, including the testing required by

section 48(2), of

the Act and, subject to subsection (8),

section 48 of this

Regulation and the other provisions of this

section continue

to be complied with,

(

b) the results of that testing are reported in each actuarial

valuation report and cost certificate,

(

c) no benefits are improved during the suspension period,

(

d) a

schedule is adopted to amortize each unfunded liability

established on or after the review date to which the

application relates over a period not exceeding 10 years from

its establishment and to amortize each unfunded liability that

was established previously over the lesser of 10 years from

the review date to which the application relates and the

remainder of the 15-year amortization period under which it

was initially established, and

(

e) any other relevant conditions imposed by the Superintendent

under

section 4.1 of this Regulation are complied with.

(8) This

section applies notwithstanding anything in

section 48 of

this Regulation.

(9) When a person becomes entitled to receive a benefit payment,

other than an ongoing pension payment, from the pension plan and

during the suspension period, the employer must

(

a) make one single lump sum payment to the plan in an amount

that is equal to any transfer deficiency that exists and to the

extent that it relates to the person, before making the

payment to or on behalf of the person, or

(

b) include a payment in the same amount in the next remittance

of contributions.

All plans and

section 48(3)(c) - extension of 5-year period

3.2(1) In this

section and in

section 3.3, "extension period" means

the maximum 10-year period over which the Superintendent allows

payments to be made under subsection (2).

(2) An administrator may, with respect to a solvency deficiency

specified in subsection (3), apply to the Superintendent in the form

and manner required by the Superintendent for, and the

Superintendent may in writing, consent to the plan's making

payments that an employer is or was required by

section 48(3)(

c) of

this Regulation to pay into the plan over a period not exceeding 10

rather than 5 years from the review date referred to in subsection

(3) and that is specified in the consent, on the conditions specified in this

section.

(3) The solvency deficiency referred to in subsection (2) must be

one created after August 31, 2008 and before 2010 and identified in

an actuarial valuation report and cost certificate that

(

a) are prepared as of a review date between September 1, 2008

and December 31, 2009,

(

b) show the solvency deficiency as at that review date, and

(

c) meet the other requirements set in writing by the

Superintendent.

(4) An administrator may make only one application in total under

subsection (2).

(5) The administrator must submit, along with the application under

subsection (2),

(

a) the actuarial valuation report and cost certificate to which the

application relates and that complies with subsection (3), and

(

b) any other documents required by the Superintendent.

(6) When a person becomes entitled to receive a benefit payment,

other than an ongoing pension payment, from the pension plan and

during the extension period, the employer must

(

a) make one single lump sum payment to the plan in an amount

that is equal to any transfer deficiency that exists and to the

extent that it relates to the person, before making the

payment to or on behalf of the person, or

(

b) include a payment in the same amount in the next remittance

of contributions.

(7) An administrator who wishes to revert to the 5-year application

section 48(3)(

c) of this Regulation may do so within the extension

period by notifying the Superintendent in writing of that intention

and by filing an actuarial valuation report and cost certificate that

reflect the change in the amortization

schedule and meet the

requirements of

section 48 of this Regulation and

section 48 of the

Act.

(8) The Superintendent's consent under subsection (2) applies or

continues to apply only if

(

a) section 48, including the testing required by

section 48(2), of

the Act and, subject to subsection (9),

section 48 of this

Regulation and the other provisions of this

section continue

to be complied with,

(

b) the results of that testing are reported in each actuarial

valuation report and cost certificate, and

(

c) any other relevant conditions imposed by the Superintendent

under

section 4.1 of this Regulation are complied with.

(9) This

section applies notwithstanding anything in

section 48 of

this Regulation.

(10) Section 2(2)(b)(ii)(

B) of this Regulation is to be treated as

amended by adding "(or, where applicable, any extension period as

defined in

section 3.2(1) of

Schedule 0.2)" after "date".

Addition, amendment and removal of conditions

3.3 The Superintendent may in writing add further conditions or

amend or remove conditions to or respecting a consent under

section 3, 3.1 or 3.2 or the conditions set under

section 3(1.1) at

any time after the consent is originally given or the conditions set,

and during the relevant suspension period or extension period, as

the case may be.

4 This Regulation is retroactive to the extent necessary to

achieve its purposes.

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

Alberta Regulation 29/2009

Labour Relations Code

MARKET ENHANCEMENT RECOVERY FUND

DISTRIBUTION REGULATION

Filed: February 18, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 57/2009)

on February 18, 2009 pursuant to

section 148.2 of the Labour Relations Code.

Table of Contents

Definitions

2 Requirements to report market enhancement recovery funds

3 Information to be disclosed in report

4 Distribution of market enhancement recovery funds

5 Compelling disclosure

6 Expiry

7 Coming into force

Definitions

1 In this Regulation,

(a) "construction contractor" means construction contractor as

defined in

section 148.1 of the Act;

(b) "market enhancement recovery fund" means market

enhancement recovery fund as defined in

section 148.1 of the

Act;

(c) "trade union trust" means trade union trust as defined in

section 148.1 of the Act;

(d) "trustee" means a trustee of a trade union trust.

Requirements to report market enhancement recovery funds

2(1) Every trade union, and every trustee, that

(

a) is a signatory to

(

i) a collective agreement that contemplates or references

contributions to a market enhancement recovery fund,

(ii) a trust agreement that establishes or maintains a market

enhancement recovery fund,

(

b) maintains a market enhancement recovery fund,

shall file a disclosure report with the Board.

(2) A disclosure report must be filed within 30 days from the

following:

(

a) the coming into force of

section 148.2 of the Act, if the

market enhancement recovery fund was established before

that date;

(

b) the date the market enhancement recovery fund is

established, if it is established on or after the date of the

coming into force of

section 148.2 of the Act.

(3) Where it comes to the attention of the Board that a trade union or

trustee has not filed a disclosure report in accordance with subsection

(2), the Board shall, by notice in writing, require the trade union or

trustee, as the case may be, to file a disclosure report with the Board

within 30 days after receiving the notice.

Information to be disclosed in report

3 The following must be included in a disclosure report filed under

section 2:

(

a) the name of the trade union and a contact person for the trade

union;

(

b) the name and position of the person who completed the

disclosure report;

(

c) the name of the market enhancement recovery fund;

(

d) copies of any collective agreement, trust agreement, contract

or other agreement that contain provisions respecting

contributions to, or the winding-up of, the market

enhancement recovery fund;

(

e) the names of the trustees of the market enhancement

recovery fund or any other persons who have control of the

fund;

(

f) whether any contributions to the market enhancement

recovery fund were made in compliance with

section 148.1

of the Act;

(

g) the value of the market enhancement recovery fund as of the

date on which the disclosure report was completed;

(

h) any other details or documents required by the Board;

(

i) a statutory declaration in the form required by the Board

made by the person who completed the disclosure report

stating that the disclosure report is true, accurate and

complete to the best of the person's knowledge.

Distribution of market enhancement recovery funds

4(1) Where the Board determines that a market enhancement recovery

fund contains amounts that must be distributed pursuant to

section

148.2 of the Act and those funds can be distributed in accordance with

section 148.2(3)(

a) of the Act, the trade union or trustee, as the case

may be, shall distribute the funds in accordance with

section

148.2(3)(

a) within 6 months of the Board's determination.

(2) Where the Board determines that a market enhancement recovery

fund contains amounts that must be distributed pursuant to

section

148.2 of the Act and those funds cannot be distributed in accordance

with

section 148.2(3)(

a) of the Act, the funds shall be transferred by

the trade union or trustee, as the case may be, within 6 months of the

Board's determination to another fund of the same trade union or trade

union trust, notwithstanding the provisions of any collective agreement

or trade union trust, in such a manner that the funds cannot be used to

subsidize the bids, tenders, fees or prices of a construction contractor

or the wages paid to the employees of a construction contractor.

(3) The Board may, on application to the Board, extend the time under

subsection (1) or (2).

(4) The trade union, trustee or person acting on behalf of the trade

union or trustee shall, as soon as possible after a distribution pursuant

to subsection (1) or a transfer pursuant to subsection (2) has been

made, provide to the Board evidence satisfactory to the Board that the

applicable subsection has been complied with.

(5) Where the Board is satisfied that the applicable subsection has

been complied with, the Board may make an order declaring that no

further distribution under

section 148.2 of the Act is required.

(6) Despite subsection (5), if, during a distribution pursuant to

subsection (1) or a transfer pursuant to subsection (2), the Board is

presented with evidence that the funds no longer meet the definition of

a market enhancement recovery fund, the Board may make an order

declaring that there are no remaining funds to be distributed in

accordance with

section 148.2 of the Act.

Compelling disclosure

5(1) The Board may make orders compelling persons with

information

(

a) that is relevant to the establishment or winding-up of a

market enhancement recovery fund, or

(

b) about contributions made to a market enhancement recovery

fund,

to disclose that information for the purposes of this Regulation and

section 148.2 of the Act.

(2) In addition to the powers of the Board and officers under the Act,

the Board or an officer may for the purposes of this Regulation and

section 148.2 of the Act

(

a) make any inquiries, investigations and inspections the Board

considers necessary,

(

b) inspect and examine all books, records, documents, papers,

payrolls, contracts or other records of a construction

contractor, an employee of a construction contractor, a trade

union, a trustee or any other person relating to

(

i) a market enhancement recovery fund,

(ii) contributions to a market enhancement recovery fund,

(iii) deductions made from the wages of an employee that

are remitted to a trade union or trade union trust or any

person acting on behalf of a trade union or trade union

trust,

(

c) by notice in writing demand the production, either forthwith

or at a date, place and time specified in the notice, of any

books, records, documents, papers, payrolls, contracts or

other records relating to

(

i) a market enhancement recovery fund,

(ii) contributions to a market enhancement recovery fund,

(iii) deductions made from the wages of an employee that

are remitted to a trade union or trade union trust or any

person acting on behalf of a trade union or trade union

trust,

(

d) take extracts from or make copies of books, records,

documents, papers, payrolls, contracts of employment and

any other records relating to

(

i) a market enhancement recovery fund,

(ii) contributions to a market enhancement recovery fund,

(iii) deductions made from the wages of an employee that

are remitted to a trade union or trade union trust or any

person acting on behalf of a trade union or trade union

trust,

(

e) require a construction contractor, an employee of a

construction contractor, a trade union, a trustee or any other

person acting on behalf of any of them to make, furnish or

produce full and correct statements either orally or in writing

respecting information that must be disclosed in accordance

with this Regulation, and may require the statements to be

made on oath or to be verified by statutory declaration, and

(

f) post or require any construction contractor, trade union,

trustee, employee or other person to post any notices or other

communications of the Board at the locations that the Board

or officer, as the case may be, considers advisable.

(3) For the purposes of this Regulation and

section 148.2 of the Act,

an officer may, in the execution of the officer's duties, enter, inspect

and examine at all reasonable times any premises or other place, other

than a private dwelling, in which the officer has reason to believe that

books, records, documents, papers, payrolls, contracts or other records

referred to in this

section are located.

Expiry

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

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

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

Regulation expires on January 31, 2014.

Coming into force

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

section 148.2 of the Act.

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

Alberta Regulation 30/2009

Dairy Industry Omnibus Act, 2002

ALBERTA MILK RECORDS TRANSFER AMENDMENT REGULATION

Filed: February 18, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 60/2009)

on February 18, 2009 pursuant to

section 1(12) of the Dairy Industry Omnibus Act,

1 The Alberta Milk Records Transfer Regulation

(AR 148/2002) is amended by this Regulation.

Section 3 is amended by striking out "February 28, 2009"

and substituting "February 28, 2014".

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

Alberta Regulation 31/2009

Marketing of Agricultural Products Act

ALBERTA MILK RECORDS DISCLOSURE AMENDMENT REGULATION

Filed: February 18, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 61/2009)

on February 18, 2009 pursuant to

section 12 of the Marketing of Agricultural

Products Act.

1 The Alberta Milk Records Disclosure Regulation

(AR 149/2002) is amended by this Regulation.

Section 3 is amended by striking out "February 28, 2009"

and substituting "February 28, 2014".

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

Alberta Regulation 32/2009

Private Investigators and Security Guards Act

PRIVATE INVESTIGATORS AND SECURITY GUARDS

AMENDMENT REGULATION

Filed: February 18, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 78/2009)

on February 18, 2009 pursuant to

section 24 of the Private Investigators and Security

Guards Act.

1 The Private Investigators and Security Guards

Regulation (AR 71/91) is amended by this Regulation.

Section 17.1 is amended by striking out "March 31, 2009"

and substituting "March 31, 2011".

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

Alberta Regulation 33/2009

Alberta Personal Property Bill of Rights

EXEMPTION AMENDMENT REGULATION

Filed: February 18, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 81/2009)

on February 18, 2009 pursuant to

section 5 of the Alberta Personal Property Bill of

Rights.

1 The Exemption Regulation (AR 125/99) is amended by

this Regulation.

Section 2 is amended by repealing clause (f).

Section 3 is amended

(

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

(c.1)

section 6 of the Alberta Centennial Medal Act;

(

b) by repealing clause (k);

(

c) by adding the following after clause (l):

(l.1) the taking of samples of fish in carrying out an

inspection under

section 40 of the Fisheries (Alberta)

Act;

(

d) in clause (

n) by striking out "section 32" and

substituting "sections 32 and 33";

(

e) by adding the following after clause (p):

(p.1) the closure of any land to public entry under

section 14

of the Forest and Prairie Protection Act;

(

f) in clause (

q) by striking out "section 26" and

substituting "sections 25 and 26";

(

g) in clause (

r) by striking out "by the Minister";

(

h) by adding the following after clause (r):

(r.1) the starting of any fires under

section 29 of the Forest

and Prairie Protection Act;

(

i) in clause (s.1) by striking out "31 and 31.1" and

substituting "21, 24, 31, 31.1, 31.2, 31.4 and 37.2";

(

j) in clause (

t) by striking out "section 25" and

substituting "sections 12, 19, 22, 25, 29, 32 and 33";

(

k) by adding the following after clause (v):

(v.1)

section 20 of the Glenbow-Alberta Institute Act;

(

l) by adding the following after clause (w):

(w.1) sections 53.2(1)(

c) and 53.3(1)(a)(iii) of the Health

Professions Act;

(

m) in clause (aa) by striking out "section 10(k)" and

substituting "section 12(k)";

(

n) by repealing clause (bb);

(

o) by adding the following before clause (kk):

(jj.1)

section 21(5), (6) and (9) of the Pharmacy and Drug

Act;

(jj.2) any property that becomes the property of the Crown as

a result of the operation of

section 9 or 9.1 of the

Provincial Parks Act;

(

p) in clause (mm.1) by striking out "section 29" and

substituting "sections 29, 59(2)(d), 60(

c) and 66(1)(m)".

Section 4 is amended

(

a) in clause (a)

(

i) by adding the following after subclause (i):

(i.1) any proceedings taken respecting a certificate

issued under

section 93 of the Hospitals Act;

(ii) by repealing subclause (iii);

(

b) in clause (

e) by adding ", the Hospitals Act" after "the

Tourism Levy Act".

Section 5 is amended in clause (a.1) by striking out "AR

51/73" and substituting "AR 42/2003".

Section 6.1 is amended

(

a) by repealing clause (

d) and substituting the

following:

(

d) sections 13, 14, 16, 19, 20, 27 to 29, 45, 46, 54, 60, 61

and 63 and

Schedule 2 to the Exploration Regulation

(AR 284/2006);

(

b) in clause (

f) by striking out "12 and 13" and

substituting "10 to 13 and 29";

(

c) by repealing clause (i);

(

d) in clause (

l) by striking out "25, 28, 35, 36, 40, 43, 44,

55, 57, 69, 74, 92 to 97, 102, 104, 115 and 120" and

substituting "24, 25, 35, 36, 40, 43, 44, 55, 57, 58, 69 to

72, 74, 83, 89, 92 to 97, 100, 103, 104, 108, 113, 115, 116,

120, 124.2, 124.4 and 124.8".

Section 7 is amended by striking out "2009" and

substituting "2017".

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

Alberta Regulation 34/2009

Regulations Act

REGULATIONS ACT AMENDMENT REGULATION

Filed: February 18, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 82/2009)

on February 18, 2009 pursuant to

section 8 of the Regulations Act.

1 The Regulations Act Regulation (AR 288/99) is amended

by this Regulation.

Section 17(1) is amended by adding the following after

clause (s.1):

(s.2) all orders of the Minister under

section 2(3) of the Oil Sands

Allowed Costs (Ministerial) Regulation (AR 231/2008);

(s.3) all orders of the Minister under

section 1(4) of the Bitumen

Valuation Methodology (Ministerial) Regulation

(AR 232/2008);

Section 19 is repealed.

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

Alberta Regulation 35/2009

Traffic Safety Act

COMMERCIAL VEHICLE CERTIFICATE AND INSURANCE (AUTHORITY

TRANSFER 2008) AMENDMENT REGULATION

Filed: February 18, 2009

For information only: Made by the Minister of Transportation (M.O. 42/08) on

December 16, 2008 pursuant to

section 156 of the Traffic Safety Act.

1 Subject to

section 25, the Commercial Vehicle Certificate

and Insurance Regulation (AR 314/2002) is amended by this

Regulation.

Section 1 is amended

(

a) by repealing clause (c);

(

b) by adding the following after clause (d):

(d.1) "federal legislation" means the Motor Vehicle Transport

Act, 1987 (Canada), and includes the regulations under

that Act;

(

c) by repealing clause (

e) and substituting the

following:

(e) "jurisdiction outside Alberta" means any jurisdiction

(other than Alberta) of Canada, of the United States of

America or of Mexico;

(

d) in clause (

f) by adding "or issuable" after "issued";

(

e) by adding the following after clause (f):

(f.1) "operator profile" means the profile established and

maintained in respect of a person under

section 36.1(1);

(

f) in clause (

h) by striking out "by the Registrar" and

substituting "or issuable by the Registrar under the Act or

the federal legislation";

(

g) by adding the following after clause (h):

(h.1) "safety fitness rating" means

(

i) a safety fitness rating assigned or assignable by the

Registrar under

Part 4, or

(ii) where reference is made to a rating in a

jurisdiction outside Alberta, an equivalent rating

assigned by the appropriate official under the laws

of such a jurisdiction;

(

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

(j) "transportation legislation" is to be construed in

accordance with

section 132 of the Act.

3 The following is added after

section 1:

Agreements

1.1 Without limiting any power that the Minister has under

section 10 of the Government Organization Act, the Minister may

enter into any written agreements that are required for the effective

administration of matters to which this Regulation or the federal

legislation or both relate and may, in any such agreement, grant

any exemptions from the provisions of this Regulation that are

required for the implementation of any such agreements.

Collection and disclosure of personal information

1.2(1) Without limiting the application of any other provisions of

this Regulation allowing or requiring the collection of personal

information, the Registrar may collect personal information that is

necessary to enable the Registrar to carry out and exercise the

Registrar's duties, functions and powers under this Regulation with

respect to

(

a) applications and the effects of applications (including

notifications of their results),

(

b) certificates,

(

c) verification that insurance requirements are met,

(

d) safety fitness ratings,

(

e) any permits issued under the federal legislation or the

Act,

(

f) inspections,

(

g) appeals,

(

h) operator profiles, and

(

i) administrative penalties.

(2) The following persons are required or allowed, as the case may

be, to disclose to the Registrar personal information contemplated

by the following provisions or matters respectively listed:

(

a) an insurer or, so far as applicable, an insurance agent or

adjuster within the meaning of the Insurance Act, with

respect to information covered by sections 4(1)(g),

12(2), 20(2)(g), 26 and 29;

(

b) an applicant for a certificate or a permit, with respect to

matters required or allowed by this Regulation to be

included in the application;

(

c) the holder of a certificate, with respect to

section 12(2);

(

d) the directors of a corporation, with respect to

section

48(2).

(3) Personal information may be collected, with respect to this

Regulation, from a person other than the individual that

information is about where

(

a) that other person is required or allowed to disclose that

information under subsection (2), or

(

b) its collection from that individual is impracticable, and

from that other person is necessary or unavoidable, in

the light of the Registrar's duties or functions under this

Regulation.

(4) In this section, "personal information" means personal

information about an identifiable individual.

Section 3 is amended by repealing subsection (2).

5 The following is added after

section 3:

Safety fitness certificates under federal or provincial legislation

3.1(1) This

section applies with respect to a registered owner who

has one or more commercial vehicles

(

a) for which a certificate or certificates of registration are

issuable or have been issued for a gross weight of 4501

kilograms or more, and

(

b) which are intended to operate to any extent outside

Alberta.

(2) Without limiting the applicability of any other provisions of

this Regulation, the federal legislation applies with respect to

operators and commercial vehicles referred to in subsection (1).

(3) The Registrar is the provincial authority for Alberta referred to

section 7(1) of the federal legislation.

(4) The Registrar shall prepare and make available for production

to members of the public, on request, written criteria respecting the

proof required for determining whether a safety fitness certificate is

to be issued under the Act or under the federal legislation.

(5) On an application for a safety fitness certificate, the Registrar

shall determine, in accordance with the criteria referred to in

subsection (4), whether issuance of the certificate is required by or

under the Act or the federal legislation.

(6) If a safety fitness certificate is required by or under the federal

legislation for the operation of a commercial vehicle in Alberta, the

registered owner of the commercial vehicle shall apply to the

Registrar for a safety fitness certificate under the federal legislation

authorizing its operation.

Section 5 is amended

(

a) by renumbering it as

section 5(1);

(

b) in subsection (1) by striking out "commercial vehicle";

(

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

(2) Where a registered owner has a satisfactory rating, the

Registrar may upgrade that rating to excellent if the Registrar

considers, based on criteria he or she establishes in writing, that

all or any of the matters needed for a satisfactory rating are

exceeded to the extent so established.

Section 10 is amended

(

a) in subsection (2)(

f) by striking out "Board" and

substituting "Registrar";

(

b) in subsection (3) by striking out "Motor Vehicle

Transport Act, 1987 (Canada)" and substituting "federal

legislation".

Section 11(2) is amended in clause (

f) by striking out "or

the Board".

Section 12(1) and (2) are amended by striking out "or the

Board".

Section 14 is amended by striking out "Board may

recommend to the Registrar that the Registrar impose any term or

condition" and substituting "Registrar may impose any term or

condition that".

Section 15(1) is amended by repealing clause (c).

Section 17 is repealed and the following is substituted:

Cancellation or amendment of certificate for lack of exercise

17 If the Registrar is of the opinion that the authority conferred

by an operating authority certificate has not been exercised or has

not been fully exercised within 6 months from the date of issue of

the certificate, or during any period of 12 consecutive months, the

Registrar may,

(

a) if the authority was not exercised at all, cancel the certificate,

(

b) if it was, change the certificate to suit the extent to which that

authority was exercised.

Section 30 is amended by striking out "Motor Vehicle

Transport Act, 1987 (Canada)" wherever it occurs and

substituting "federal legislation".

Section 33(2)(

a) is amended by adding "is or" before "has

been".

Section 34 is amended

(

a) in subsection (1)

(

i) by striking out "The" and substituting "Subject to

this section, the";

(ii) by adding "follows:" after "certificate as";

(

b) by adding the following after subsection (2):

(2.1) Where a registered owner has a satisfactory rating, the

Registrar may upgrade that rating to excellent if the Registrar

considers, based on criteria he or she establishes in writing, that

all or any of the matters referred to in subsection (1)(a)(

i) and (ii)

exceed the criteria needed for a satisfactory rating to the extent so

established.

Section 36 is amended

(

a) in subsection (1)

(

i) by striking out "an safety" and substituting "a

safety";

(ii) in clause (a)(

i) by striking out "reason;" and

substituting "reason, and";

(iii) in each of clauses (a)(ii) and (

b) by striking out

the semi-colon at the end and substituting a

comma;

(iv) in clause (

d) by adding "or suspend" after

"cancel";

(

b) by repealing subsection (2) and substituting the

following:

(2) Where a person is rated unsatisfactory, whether by the

Registrar or by a jurisdiction outside Alberta, another

application for a safety fitness certificate or for an operating

authority certificate may not be made for at least 6 months after

the unsatisfactory rating is assigned, unless the applicant

provides special reasons and the Registrar allows an earlier

application.

17 The following is added after

section 36:

Part 4.1

Commercial Vehicle

Operator Profile

Establishing and maintaining of operator profiles

36.1(1) For the purposes of monitoring the activities and safety

records of carriers and other persons who engage or have engaged

in or who carry out or have carried out a related function within the

meaning of

section 144(1) of the Act in relation to the operation of

commercial vehicles (in this subsection referred to as "relevant

persons"), the Registrar

(

a) shall establish and maintain a profile for each relevant

person who is issued or holds or is required to hold a

safety fitness certificate, and

(

b) may establish and maintain a profile for any other

relevant person.

(2) Operator profiles may be maintained in electronic or paper

form, or in both.

Contents of operator profiles

36.2(1) For any person in respect of whom a safety fitness

certificate is required and subject to

section 36.3, a person's

operator profile must contain at least the following information

insofar as it relates to that person, is provided to or obtained by the

Registrar, is necessary having regard to the purposes of this

Regulation and the Registrar decides that it should be included in

the person's operator profile:

(

a) a record of any conviction for an offence against or

administrative penalty imposed or other action taken

under any transportation legislation involving any

commercial vehicle operated by that person;

(

b) a record of any accident occurring in or outside Alberta

involving any commercial vehicle operated by that

person;

(

c) a record of any inspection conducted by a peace officer

in or outside Alberta involving any commercial vehicle

operated by that person;

(

d) the person's safety fitness rating;

(

e) any relevant written communications requiring the

person to take an action or to cease engaging in conduct

and the person's written responses to those

communications;

(

f) any other information the Registrar considers

appropriate with a view to maintaining a record of

safety and compliance with transportation legislation

with respect to commercial vehicles by their registered

owner or persons employed or engaged by their

registered owner or operating commercial vehicles.

(2) In subsection (1)(b), "accident" means an accident as a result

of which an individual is injured or dies or the apparent cost to

repair property damaged as a result equals or exceeds $1000.

Processing of information in operator profiles

36.3(1) If the Registrar forms the opinion that any information in

an operator profile is in error, inaccurate or no longer relevant, the

Registrar shall remove that information from the operator profile.

(2) Subject to subsection (1), the Registrar may

(

a) remove information from an operator profile if satisfied

that neither the registered owner nor a person employed

or engaged by the registered owner was responsible for

the incident or matter that generated that information, or

(

b) include the same information in the operator profiles of

2 or more persons if satisfied that those persons are

jointly or that each is partially responsible for the

incident or matter that generated that information.

Notification about operator profile changes

36.4(1) Where the Registrar records information in an operator

profile about a person who is neither the registered owner nor a

driver employed or engaged by the registered owner of the

commercial vehicle to which the information relates, the Registrar

shall notify that person in writing, giving reasons underlying the

record.

(2) The person notified may, in writing, request the Registrar to

reconsider the decision implementing the record, in which case the

Registrar shall do so and shall make any changes in the decision

that the Registrar considers necessary and notify the applicant in

writing of

(

a) the new decision, with reasons, and

(

b) if the new decision is adverse, the applicant's right to

appeal to the Board applying subsection (3), and how to

make the appeal.

(3) An applicant referred to in subsection (2)(

b) has the right to

appeal the adverse decision under

section 44 of the Act.

Availability of information on operator profile

36.5(1) A person is entitled to inspect the information maintained

by the Registrar on that person's own operator profile.

(2) Section 11.1 of the Act applies with respect to commercial

vehicles lawfully described or referred to in operator profiles.

Transitional provision

36.6 All records and other information that constituted carrier

profiles established by the Registrar under the Commercial Vehicle

Carrier Profile Regulation (AR 99/2007) are to be treated as

operator profiles established under this Regulation.

Section 44 is amended by striking out "or the Board acts

under the Motor Vehicle Transport Act, 1987 (Canada), the Registrar

or the Board, as the case may be, must in accordance with that Act"

and substituting "acts under the federal legislation, the Registrar

must, in accordance with the federal legislation,".

Section 48 is amended by striking out "Board" wherever

it occurs and substituting "Registrar".

Section 49 is amended

(

a) in subsection (1)

(

i) by striking out "Board" wherever it occurs and

substituting "Registrar";

(ii) by striking out "recommend approval of" and

substituting "approve";

(

b) in subsection (2) by striking out "Board may

recommend to the Registrar that the Registrar" and

substituting "Registrar may".

Section 51(

b) is amended by adding "shall" before

"notify".

Section 56 is amended by striking out "unsatisfactory

fitness rating" and substituting "unsatisfactory safety fitness rating

in Alberta or in any jurisdiction outside Alberta".

23 The following is added after

section 64:

Validation of Board decisions on

uncompleted transactions

64.1 Notwithstanding any amendment made by the Commercial

Vehicle Certificate and Insurance (Authority Transfer 2008)

Amendment Regulation, any decision made by the Board before the

commencement of that Regulation with respect to a transaction or

other matter that was uncompleted or not finalized as at the time of

that commencement remains fully valid with respect to that

transaction or matter as if that Regulation had not been enacted.

24(1) The phrase "a carrier profile" is struck out in the

following provisions and "an operator profile" is substituted:

section 4(1)(h);

section 20(2)(h);

section 33(3).

(2) The phrase "carrier profile" is struck out wherever it

occurs in the following provisions and "operator profile" is

substituted:

section 6(1);

section 22(1);

section 33(1)(a);

section 34(1)(a)(i).

25 The Commercial Vehicle Carrier Profile Regulation

(AR 99/2007) is repealed.

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

Alberta Regulation 36/2009

School Act

EARLY CHILDHOOD SERVICES AMENDMENT REGULATION

Filed: February 24, 2009

For information only: Made by the Minister of Education (M.O. 007/2009) on

February 20, 2009 pursuant to

section 30(4) of the School Act.

1 The Early Childhood Services Regulation (AR 31/2002) is

amended by this Regulation.

Section 12 is amended by striking out "March 1, 2009" and

substituting "March 1, 2014".

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

Alberta Regulation 37/2009

School Act

CAPITAL BORROWING AMENDMENT REGULATION

Filed: February 24, 2009

For information only: Made by the Minister of Education (M.O. 006/2009) on

February 19, 2009 pursuant to

section 183(4) of the School Act.

1 The Capital Borrowing Regulation (AR 188/98) is

amended in

section 10 by striking out "February 28, 2009" and

substituting "September 30, 2009".

Alberta Regulation 38/2009

Marketing of Agricultural Products Act

EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

Filed: February 25, 2009

For information only: Made by the Alberta Egg Producers Board on December 4,

2008 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act

and approved by the Alberta Agricultural Products Marketing Council on December

19, 2008 pursuant to sections 26 and 27 of the Marketing of Agricultural Products

Act.

1 The Egg Production and Marketing Regulation (AR

293/97) is amended by this Regulation.

2 The following is added after

section 1(w):

(w.1) "Start Clean-Stay Clean program" means the Canadian Egg

Marketing Agency's on-farm food safety program for egg

producers known as Start Clean-Stay CleanTM, as varied from

time to time;

Section 8 is amended

(

a) in subsection (1) by striking out "or" at the end of

clause (

c) and adding the following after clause (c):

(c.1) if the Board is of the opinion that the applicant for a

licence to operate as a producer

(

i) lacks the ability to comply with any of the

requirements of the Start Clean-Stay Clean

program, or

(ii) refuses to comply with any of the requirements of

the Start Clean-Stay Clean program,

(

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

(1.1) The Board may issue to an applicant referred to in

subsection (1)(c.1)(

i) a licence that is subject to conditions

respecting assistance, supervision or reduction in quota if the

Board is of the opinion that, if the applicant complies with the

conditions, the applicant will be able to comply with the

requirements of the Start Clean-Stay Clean program.

(

c) in subsection (2)

(

i) in clause (

a) by striking out "or" at the end of

subclause (iv), adding "or" at the end of

subclause (v), and adding the following after

subclause (v):

(vi) a term or condition of the licence imposed by the

Board under subsection (1.1) or (2.1) or

section

7(2),

(ii) by repealing clause (

d) and substituting the

following:

(

d) if the licensee is a registered producer and

(

i) has stopped producing eggs, or

(ii) has failed to comply with any requirements of

the Start Clean-Stay Clean program,

(

d) by adding the following after subsection (2):

(2.1) The Board may choose not to cancel, suspend or refuse to

renew the licence of a registered producer referred to in

subsection (2)(d)(ii) and instead may impose conditions on that

licence respecting assistance, supervision or reduction in quota if

the Board is of the opinion that, if the registered producer

complies with the conditions, the registered producer will be able

to comply with the requirements of the Start Clean-Stay Clean

program.

4 The following is added after

section 10.2:

Minimum possession quota

10.3 The possession quota allotted by the Board to a registered

producer shall be a minimum of 301 hens.

Alberta Regulation 39/2009

Apprenticeship and Industry Training Act

FLOORCOVERING INSTALLER TRADE AMENDMENT REGULATION

Filed: February 27, 2009

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

Board on February 6, 2009 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act and approved by the Minister of Advanced Education and

Technology on February 27, 2009 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act.

1 The Floorcovering Installer Trade Regulation

(AR 277/2000) is amended by this Regulation.

Section 1(

c) is amended

(

a) by striking out ", carpet underlayments" and

substituting "and cushion";

(

b) by repealing subclause (vi) and substituting the

following:

(vi) prefinished hardwood flooring;

(vii) laminate flooring;

(viii) accessories used in respect of floorcoverings;

Section 4 is amended

(

a) in subsection (1) by striking out "3 periods" and

substituting "2 periods";

(

b) in subsection (2) by striking out "1390 hours" and

substituting "1500 hours";

(

c) in subsection (3) by striking out "1420 hours" and

substituting "1500 hours";

(

d) by repealing subsection (4).

Section 5 is amended

(

a) in subsection (2) by striking out "Subject to subsection

(3), a person" and substituting "A person";

(

b) by repealing subsection (3).

Section 8 is amended by striking out "August 31, 2009"

and substituting "August 31, 2014".

6 This Regulation comes into force on March 1, 2009.