Alberta Regulation 161/2001

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

AMENDMENT REGULATION

Filed: August 21, 2001

Made by the Lieutenant Governor in Council (O.C. 334/2001) on August 21,

2001 pursuant to

section 88 of the Freedom of Information and Protection of

Privacy Act.

1 The Freedom of Information and Protection of Privacy Regulation (AR

200/95) is amended by this Regulation.

Section 15 is amended

(

a) in subsection (1) by adding the following after clause (j):

(

k) section 8 of the Confidentiality Regulation (AR

38/99) made under the Ambulance Services Act.

(

b) by repealing subsection (2)(c);

(

c) by repealing subsections (3) and (3.1) and substituting the

following:

(3.1) Subsection (1)(d), (

e) and (

f) are repealed on December 31,

(3.2) Subsection (1)(

k) is repealed on June 30, 2003.

Section 16(6) is amended by striking out "October 1, 2001" and

substituting "December 31, 2002".

Section 17(1) is amended

(

a) in clause (

c) by striking out "56,";

(

b) in clause (

e) by striking out "95/91" and substituting

"213/98";

(

c) in clause (

f) by striking out "15(3)" and substituting

"15.1(1)";

(

d) in clause (

j) by striking out "40/89),

section 7" and

substituting "169/98),

section 8".

5 The following is added after

section 18:

Expiry

19 This Regulation expires one year after the submission to the

Legislative Assembly of the report required by

section 91 of the Act.

Schedule 1 is repealed and the following is substituted:

SCHEDULE 1

All boards, committees and councils established under

section 7 of the

Government Organization Act, including those specifically designated below.

Any subsidiary of a public body designated below.

ABORIGINAL AFFAIRS AND NORTHERN

DEVELOPMENT

Metis Settlements Appeal Tribunal

Metis Settlements Transition Commission

Northern Alberta Development Council

AGRICULTURE, FOOD AND RURAL DEVELOPMENT

Agrivantage

Alberta Agricultural Products Marketing Council

Alberta Dairy Control Board

Alberta Environmentally Sustainable Agriculture Council

Alberta Grain Commission

Alberta Mastitis Committee

Alberta Opportunity Company

Agricultural Development Committees

Agriculture Financial Services Corporation

Board of Trustees of the Wheat Board Money Trust

Central Milk Testing Advisory Committee

Farmers' Advocate

Farm Implement Board

Hall of Fame Selection Committee

Irrigation Council

Marketing of Agricultural Products Act Appeal Tribunal

Meat Advisory Committee

Production Animal Medicine Advisory Committee

CHILDREN'S SERVICES

Appeal Panels appointed under the Child Welfare Act

Appeal Panels appointed under the Social Care Facilities Licensing Act

Child and Family Services Authorities established under the Child and

Family Services Authorities Act

Awasak CFSA

Calgary Rocky View CFSA

Diamond Willow CFSA

Hearthstone CFSA

Keystone CFSA

Ma'mowe Capital Region CFSA

Metis Settlements CFSA

Neegan Awas'sak CFSA

Region 13 CFSA

Region 14 CFSA

Ribstone CFSA

Sakaigun Asky CFSA

Sakaw-Askiy CFSA

Silver Birch CFSA

Southeast Alberta CFSA

Sun Country CFSA

West Yellowhead CFSA

Windsong CFSA

Children's Advocate

Social Care Facilities Review Committee

COMMUNITY DEVELOPMENT

Alberta Foundation for the Arts

Alberta Historical Resources Foundation

Alberta Human Rights and Citizenship Commission

Alberta Sport, Recreation, Parks and Wildlife Foundation

Government House Foundation

Human Rights, Citizenship and Multiculturalism Education Fund Advisory

Committee

Persons with Developmental Disabilities Foundation Board

Persons with Developmental Disabilities

Calgary Region Community Board

Central Region Community Board

Edmonton Region Community Board

Michener Centre Facility Board

Northeast Region Community Board

Northwest Region Community Board

Provincial Board

South Region Community Board

Premier's Council on the Status of Persons with Disabilities

Wild Rose Foundation

ECONOMIC DEVELOPMENT

Alberta Economic Development Authority

Strategic Tourism Marketing Council

ENERGY

Alberta Energy and Utilities Board

Alberta Petroleum Marketing Commission

Electric Utilities Act Advisory Committee

Freehold Mineral Rights Tax Appeal Board

ENVIRONMENT

Drainage Council

Environmental Appeal Board

Natural Resources Conservation Board (common responsibility with

Sustainable Resource Development)

EXECUTIVE COUNCIL

Alberta Order of Excellence Council

Public Affairs Bureau

FINANCE

Alberta Automobile Insurance Board

Alberta Government Telephones Commission

Alberta Insurance Council

Alberta Municipal Financing Corporation

Alberta Pensions Administration Corporation

Alberta Treasury Branches

Appeal panels formed under the Insurance Councils Regulation

(AR 323/88)

ATB Investment Services Inc.

Audit Committee

Credit Union Deposit Guarantee Corporation

Gainers Inc.

General Insurance Council

Insurance Adjusters' Council

Life Insurance Council

Local Authorities Pension Plan Board of Trustees

N.A. Properties

(1994) Ltd. (amalgamates 354713 Alberta Ltd., 391760

Alberta Ltd. and S.C. Properties Ltd.) and subsidiaries

Management Employees Pension Board

Public Service Pension Board

Special Forces Pension Board

Universities Academic Pension Board

GAMING

Alberta Gaming and Liquor Commission

Alberta Gaming Research Council

Alberta Gaming Research Institute

Appeal Tribunal appointed under

section 23 of the Racing

Corporation Act

GOVERNMENT SERVICES

Alberta Funeral Services Regulatory Board

Debtors' Assistance Board

Regulatory Review Secretariat

HEALTH AND WELLNESS

Acupuncture Board of Examiners

Acupuncture Committee

Advisory Committee on the Usage of Blood, Blood Products and their

Alternatives in Alberta

Alberta Advisory Committee on AIDS

Alberta Aids to Daily Living and Extended Health Benefits Appeal Panels

Alberta Alcohol and Drug Abuse Commission

Alberta College of Combined Laboratory and X-ray Technicians

Alberta Expert Review Panel for Blood Borne Infections in Health Care

Workers

Alberta Health Facilities Review Committee

Alberta Management Committee on Drug Utilization

Ambulance Advisory and Appeal Board

Ambulance Medical Review Committee

Billing Practice Advisory Committee

Board of Examiners for Certified Dental Mechanics

Board of Examiners in Podiatry

Dental Disciplines Advisory Committee

Expert Committee on Drug Evaluation and Therapeutics

Eye Care Disciplines Advisory Committee

Health Disciplines Board

Health Innovation Fund Advisory Committee

Health Services Utilization Commission

Hospital Privileges Appeal Board

Imaging Advisory Committee

Mental Health Patient Advocate

Midwifery Health Disciplines Committee

MS Drug Review Panel

Out-of-Country Health Services Appeal Panel

Out-of-Country Health Services Committee

Physician Resource Planning Committee

Policy Advisory Committee on Blood Services

Premier's Advisory Council on Health

Province Wide Services Advisory Committee

Public Health Appeal Board

Review Panels appointed under the Mental Health Act

Rural Physician Action Plan Coordinating Committee

Senior Reference Committee

Technical Coordinating Group

HUMAN RESOURCES AND EMPLOYMENT

Appeal Panels appointed under the Assured Income for the Severely

Handicapped Act

Appeal Panels appointed under the Dependent Adults Act

Appeal Panels appointed under the Social Development Act

Appeal Panels appointed under the Widows' Pension Act

Board of Examiners for Mines

Classification Appeal Board

Council on Workplace Safety

Employability Council

Joint First Aid Training Standards Board

Joint Standards Directorate

Labour Relations Board

Occupational Health and Safety Council

Personnel Administration Office

Government of Alberta Dental Plan Trust

Government Employees Group Extended Medical Benefits Plan Trust

Radiation Health Advisory Committee

Umpires under the Employment Standards Code

Workers' Compensation Board

Workers' Compensation Board Appeals Commission

INFRASTRUCTURE

School Buildings Board

INNOVATION AND SCIENCE

Alberta Agricultural Research Institute

Alberta Energy Research Institute

Alberta Forestry Research Institute

Alberta Heritage Foundation for Medical Research

Alberta Heritage Foundation for Science and Engineering Research

Alberta Science and Research Authority

Alberta Research Council Inc.

iCORE Inc.

Alberta Science and Research Authority International Expert

Review Panel

JUSTICE AND ATTORNEY GENERAL

Alberta Review Board

Fatality Review Board

Notaries Public Review Committee

Provincial Court Nominating Committee

LEARNING

Advanced Education Foundations

Athabasca University Foundation

Banff Centre Foundation

Non-Profit Private Colleges Foundation

Public Colleges Foundation of Alberta

Technical Institutes Foundation of Alberta

University of Alberta 1991 Foundation

University of Calgary Foundation

University of Lethbridge Foundation

Alberta Apprenticeship and Industry Training Board

Alberta Council on Admissions and Transfer

Alberta Heritage Scholarship, Fellowship or Prize Selection

Committees established under

section 4 of the Alberta Heritage

Scholarship Act

Alberta Teachers' Retirement Fund Board

Appeal Boards appointed under

Part 4 of the Apprenticeship and

Industry Training Act

Applied Degree Evaluation Advisory Committee

Attendance Board

Board of Reference

Certification Appeal Committee

Complainant Review Committee

Council on Alberta Teaching Standards

Practice Review Panel

Practice Review Appeal Committee

Private Colleges Accreditation Board

Private Vocational Schools Advisory Council

Special Needs Tribunal

Student Financial Assistance Appeal Committees

Students Finance Board

MUNICIPAL AFFAIRS

Municipal Government Board

Special Areas Board

Safety Codes Council

REVENUE

Alberta Securities Commission

Alberta Securities Commission Policy Advisory Committee

SENIORS

Alberta Social Housing Corporation

Seniors Advisory Council for Alberta

SOLICITOR GENERAL

Criminal Injuries Appeal Board

Law Enforcement Review Board

Victims of Crime Programs Committee

SUSTAINABLE RESOURCE DEVELOPMENT

Land Compensation Board

Natural Resources Conservation Board (common responsibility with

Environment)

Surface Rights Board

TRANSPORTATION

Alberta Motor Transport Board

Driver Control Board

Alberta Regulation 162/2001

Vital Statistics Act

ACCESS TO INFORMATION REGULATION

Filed: August 21, 2001

Made by the Lieutenant Governor in Council (O.C. 335/2001) on August 21,

2001 pursuant to

section 50 of the Vital Statistics Act.

Access to and disclosure of information

1 Subject to

section 10(3) of the Vital Statistics Act, the Director may

give access to or give copies of or information from any register or record

on file in the office of the Director or a district registrar to the

following:

other province or territory, of the Government of the United States or any

state of the United States or of any Government of a member of the British

Commonwealth;

(

b) a representative of the Royal Canadian Mounted Police or of any

municipal or provincial police force in Canada;

(

c) a representative of a regional health authority established

pursuant to the Regional Health Authorities Act, of any approved hospital

as defined in the Hospitals Act or of any Workers' Compensation Board in

Canada;

(

d) the Chief Medical Examiner appointed under

section 5 of the

Fatality Inquiries Act;

(

e) a researcher who has satisfied the Director that

(

i) the research purpose cannot reasonably be

accomplished unless the information is provided in individually

identifiable form,

(ii) any record linkage is not harmful to the

individuals the information is about and the benefits to be derived from

the record linkage are clearly in the public interest,

(iii) the information released will not be used in any

way that would reveal the identity of any individual who is the subject of

the information, and

(iv) individual identifiers will be removed or destroyed

at the earliest reasonable time;

(

f) a representative of Canada Pension, the Alberta Pensions

Administration Corporation or any other provincially or territorially

administered pension plan in respect to information necessary for the

administration of the pension of one of its members;

(

g) a person in accordance with

(

i) an enactment of Alberta or Canada that authorizes

or requires the disclosure or access, or

(ii) a treaty, arrangement or agreement under an

enactment of Alberta or Canada that authorizes or requires the disclosure

or access.

Duties of researcher

2 A researcher must

(

a) sign an agreement with the Director in respect of the use,

subsequent use, disclosure, security and confidentiality of information

disclosed to the researcher under

section 1(e), and

(

b) take the following oath:

OFFICIAL OATH

I, (name) , do swear (or solemnly affirm) that I will

diligently, faithfully and to the best of my ability execute according to

law the responsibilities required of me by the research agreement dated

, which allows me access to registers or records specified in the

agreement, and that I will not, without due authorization, disclose or make

known any matter or thing that the terms of the research agreement forbid

me to disclose.

SO HELP ME GOD

(omit if affirmed)

(signature)

TAKEN and subscribed before me at

(date)

(A Commissioner for Oaths in and for the Province of Alberta or a

Notary Public)

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on May 31, 2006.

Repeal

4 The Access to Information Regulation (AR 376/85) is repealed.

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

Alberta Regulation 163/2001

Provincial Court Act

INTAKE AND CASEFLOW MANAGEMENT RULES

Filed: August 21, 2001

Made by the Lieutenant Governor in Council (O.C. 338/2001) on August 21,

2001 pursuant to

section 21 of the Provincial Court Act.

Table of Contents

Definitions 1

Starting an application 2

Scheduling a caseflow conference 3

Child Welfare director 4

Attending a caseflow conference 5

Conference 6

Adjournments 7

Scheduling of judicial dispute resolution conferences 8

Tracking applications 9

Demographic information 10

Exemption 11

Forms 12

Impartiality 13

Non-confidentiality 14

Applicable districts and facilities 15

Coming into force 16

Definitions

1 In these Rules,

(a) "application" means an application to the Court, signed by the

applicant, respecting custody of a child, access to a child or private

guardianship of a child under

(

i) the Provincial Court Act,

(ii) the Extra-provincial Enforcement of Custody Orders

Act,

(iii)

Part 7.1 of the Domestic Relations Act, or

(iv)

Part 5 of the Child Welfare Act unless

(

A) a director under the Child Welfare Act

is a guardian of the child,

(

B) an application is filed under the Child

Welfare Act that deals with whether the child is in need of protective

services within the meaning of that Act, or

(

C) the child is subject to an agreement or

order under the Child Welfare Act;

(b) "caseflow conference" means a conference that has been

scheduled between the caseflow coordinator and the applicant and

respondent, and their legal counsel, if any, to explore settlement options,

facilitate settlement and facilitate the applicant's and respondent's

access to Court;

(c) "caseflow coordinator" means a coordinator of the Court's

intake and caseflow management program;

(d) "child" means a person under the age of 18 years;

(e) "intake counsellor" means an employee of the Government of

Alberta who is a family court counsellor.

Starting an application

2(1) If an applicant who is not represented by legal counsel wishes to

make an application, the applicant must, before filing the application,

consult with an intake counsellor about options and possible referrals.

(2) Before filing an application with the clerk, counsel for the applicant

must inform the applicant of the option to

schedule a caseflow conference.

(3) If a respondent who is not represented by legal counsel wishes to

respond to an action, the respondent may consult with an intake counsellor

about options and possible referrals.

Scheduling a caseflow conference

3(1) Prior to a clerk scheduling an application before a judge,

(

a) if the applicant is not represented by legal counsel, the clerk

must

schedule a caseflow conference which the applicant and the respondent

must attend and the applicant must serve the respondent with notice of the

time and place of the caseflow conference in the same manner as the

application to which the caseflow conference relates must be served;

(

b) if the applicant is represented by legal counsel and requests a

caseflow conference, the clerk of the court must

schedule a caseflow

conference which both the applicant and respondent must attend, with or

without legal counsel, and the applicant must serve the respondent with

notice of the time and place of the caseflow conference in the same manner

as service for the application to which the caseflow conference relates;

(

c) if the application, as defined in Rule 1, is made under

Part 5

of the Child Welfare Act, and involves a child who is 12 years of age or

older, the applicant must serve the child with notice of the time and place

of the caseflow conference in the same manner as service for the

application to which the caseflow conference relates.

(2) Despite subrule (1), a caseflow coordinator may waive the requirement

to

schedule a caseflow conference if, in the opinion of the caseflow

coordinator, it is appropriate to expedite the application proceeding to

Court.

Child Welfare director

4(1) In the case of an application, as defined in Rule 1, made under

Part

5 of the Child Welfare Act, a director under the Child Welfare Act must be

served notice of the time and place of the caseflow conference, any

adjourned caseflow conference, judicial dispute resolution conference and

any proceeding before the Court.

(2) A director under the Child Welfare Act is not required to attend the

caseflow conference but may make submissions in writing or otherwise to the

caseflow conference.

Attending a caseflow conference

5 In addition to those who must attend a caseflow conference, the

following may attend a caseflow conference:

(

a) legal counsel;

(

b) intake counsellor;

(

c) others at the discretion of the caseflow coordinator.

Conference

6(1) When a caseflow conference proceeds with the applicant and respondent

in attendance, the caseflow coordinator is to assist them to explore

options, to review any documentation required for the application to

proceed and to inform them of the process to be followed and,

(

a) if the issues are resolved, the caseflow coordinator may

arrange for the preparation of a form of consent order, forward it to the

Court for its decision and facilitate the implementation of the order,

(

b) if the issues are not resolved, the caseflow coordinator

(

i) may, with the consent of the applicant and

respondent, refer them to mediation, to an intake counsellor or to other

agencies, as appropriate, or

(ii) may assist the applicant and the respondent to

consider their options, including judicial dispute resolution and a Court

hearing,

(

c) if the issues are not resolved and the applicant and respondent

do not agree on subsequent proceedings, the caseflow coordinator may direct

them to a Court hearing.

(2) When a caseflow conference is scheduled and the respondent who has

been served with a notice of the time and place of the caseflow conference

does not attend, the caseflow coordinator

(

a) must notify the clerk that the respondent has not attended, and

(

b) may prepare an order for the Court's consideration or arrange

for the applicant to proceed directly to a Court hearing, without further

notice to the respondent.

(3) When a caseflow conference has been scheduled and the applicant does

not attend, the caseflow coordinator must notify the clerk that the

applicant has not attended and record the application as having been

abandoned.

Adjournments

7(1) Despite Rule 6(2) and (3), if a caseflow conference has been

scheduled, the caseflow coordinator may, at the discretion of the caseflow

coordinator, adjourn it to another time and place or adjourn it

indefinitely.

(2) If a Court hearing date for the application has been set, the caseflow

coordinator may adjourn it to another time and place or adjourn it

indefinitely

(

a) if the applicant consents and the respondent has not been

served with a notice of the time and place of the Court hearing, or

(

b) if the respondent has been served with a notice of the time and

place of the Court hearing, with the consent of applicant and the

respondent.

Scheduling of judicial dispute resolution conferences

8 The caseflow coordinator may

schedule a judicial dispute resolution

conference when the caseflow coordinator considers it appropriate and if

the applicant and the respondent consent.

Tracking applications

9 The caseflow coordinator must monitor the progress of applications

through proceedings referred to in these Rules.

Demographic information

10(1) On request, the applicant and the respondent and their counsel, if

any, must provide to the caseflow coordinator demographic information

concerning the application as required by the caseflow coordinator for the

purposes of research and evaluation respecting these Rules.

(2) The caseflow coordinator shall not request information under subrule

(1) that would breach solicitor-client privilege.

(3) If there is a dispute as to whether a request under this Rule breaches

solicitor-client privilege, the matter may be referred to the Court for

determination.

(4) Information obtained under this Rule may be disclosed only in a

summarized or statistical form so that it is not possible to relate the

disclosed information to any identifiable person.

Exemption

11(1) Notwithstanding anything in these Rules, the applicant or the

respondent may apply to the Court, on giving at least 2 days' notice to the

other party, for an order exempting the applicant or respondent from these

Rules or any portion of them, and the Court may exempt the applicant or

respondent, if the Court considers that there is good and sufficient reason

to do so.

(2) Despite subrule (1), the Court may waive the requirement to give at

least 2 days' notice.

Forms

12 All documents filed under these Rules are to be in a form satisfactory

to the Court.

Impartiality

13(1) A caseflow coordinator must act impartially.

(2) Neither the applicant nor the respondent may call the caseflow

coordinator as a witness to testify on their behalf in any proceedings

before the Court respecting the caseflow conference.

Non-confidentiality

14 A caseflow conference is not confidential.

Applicable districts and facilities

15 These Rules apply in respect of a judicial district or a Court

facility only if the chief judge of the Court has designated that district

or facility for the purposes of these Rules.

Coming into force

16 These Rules come into force on September 1, 2001.

Alberta Regulation 164/2001

Agriculture Financial Services Act

AGRICULTURE FINANCIAL SERVICES AMENDMENT

REGULATION, 2001 (No. 2)

Filed: August 21, 2001

Made by the Lieutenant Governor in Council (O.C. 339/2001) on August 21,

2001 pursuant to

section 53 of the Agriculture Financial Services Act.

1 The Agriculture Financial Services Regulation (AR 174/94) is amended by

this Regulation.

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

(h.1) "crop year" means the period commencing on April 1 in one year

and ending on March 31 in the next year and, where preceded by a reference

to a specified year, means such a period commencing on April 1 of that

specified year;

Section 17 is amended

(

a) by repealing clause (b);

(

b) in clause (g)

(

i) by repealing subclauses (i), (ii) and (iii)

and substituting the following:

(

i) wheat, oats, barley, mixed

grain, rye, canola, triticale, flaxseed or mustard,

(ii) corn, carrots, rutabagas,

cabbage, beans, broccoli, cauliflower, cucumbers, pumpkins, squash or

onions, or

(iii) peas, chickpeas, potatoes,

alfalfa seed, fescue seed, strawberries, sugar beets, sunflowers, lentils,

fababeans, safflower or timothy seed,

(ii) by adding "or, with respect to any such

crop, the variety of that crop that the Corporation has designated as an

insurable crop," before "whether";

(iii) in subclauses (iv) and (

v) by adding

"or varieties of crops" after "crops".

Section 26 is amended by adding the following after subsection (8):

(8.1) A contract of insurance must contain the method of calculating

the indemnity payable to an insured on an insured crop.

Section 34 is repealed and the following is substituted:

Low yield setting

34(1) The Corporation may set an adjusted yield for all insurable

crops, or such of them that the Corporation designates, that have a low

yield.

(2) An adjustment under subsection (1) applies to the crops

regardless of whether or not they are harvested.

(3) The adjusted low yield is that set out in the contract of

insurance between the Corporation and the insured or, if not so set out, as

decided by the Corporation.

Section 37 is repealed.

Section 62 is repealed and the following is substituted:

Application of amendments in 2001

62 The amendments made by the Agriculture Financial Services

Amendment Regulation, 2001 (No. 2) apply in respect of the 2001 and

subsequent crop years.

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

Alberta Regulation 165/2001

Financial Administration Act

INDEMNITY AUTHORIZATION AMENDMENT REGULATION

Filed: August 21, 2001

Made by the Lieutenant Governor in Council (O.C. 341/2001) on August 21,

2001 pursuant to

section 74 of the Financial Administration Act.

1 The Indemnity Authorization Regulation (AR 22/97) is amended by this

Regulation.

2 The following is added after

section 5:

School board indemnity

5.1(1) In this section,

(a) "legal expenses" includes judgments, settlement

amounts, legal costs, solicitor-client costs and other costs and expenses

incurred in respect of a legal action or other legal proceeding;

(b) "school board" means a board as defined in

section

1 of the School Act;

(c) "school board official" means

(

i) any trustee of a school board, and

(ii) any teacher, official, officer or other

employee or agent of or employed or otherwise engaged by a school board,

and includes their heirs and representatives;

(d) "teacher" means a teacher as defined in

section 1

of the School Act;

(e) "trustee" means a trustee as defined in

section 1

of the School Act.

(2) The Minister of Finance may, on behalf of the Crown, indemnify

any school board and any school board official against all legal expenses

incurred by the school board or any school board official arising out of or

in respect of claims by a person for damages suffered by that person

arising out of that person's attendance at a native residential school in

Alberta.

(3) It is a condition of any indemnity given under this

section that

the indemnity is only in effect if, in respect of the subject-matter for

which the legal expenses were incurred,

(

a) the person indemnified acted honestly and in good

faith, and

(

b) in the case of criminal or administrative action

enforceable by a monetary penalty, the person indemnified had reasonable

grounds for believing that the person's conduct was lawful.

(4) Where a school board or a school board official has insurance

coverage that would cover the same or substantially the same legal expenses

as those for which an indemnity is given under this section, the Minister

of Finance, if the Minister considers it appropriate in the circumstances,

may require that the coverage under the insurance be totally utilized or

utilized to such an extent as the Minister considers appropriate before any

payment is made pursuant to the indemnity given under this section.

(5) When giving an indemnity under this

section or at any time prior

to the indemnity being acted on, the Minister of Finance may make the

indemnity subject

(

a) to any terms or conditions that are additional to

(

b) to any limitations as to the amount of or the

extent of the indemnity,

or any combination of terms, conditions and limitations that the

Minister considers appropriate in the circumstances.

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

Alberta Regulation 166/2001

School Act

ALBERTA SCHOOL FOUNDATION FUND AMENDMENT REGULATION

Filed: August 21, 2001

Made by the Lieutenant Governor in Council (O.C. 346/2001) on August 21,

2001 pursuant to

section 159.1 of the School Act.

1 The Alberta School Foundation Fund Regulation (AR 250/96) is amended by

this Regulation.

Section 3 is amended

(

a) in subsection (1) by striking out "on or before the 3rd last

banking day of each of September, December, March and June" and

substituting "on the 15th day or next following banking day of each month";

(

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

(3) A board that receives advances from the Minister against

the requisition to be received from a municipality shall repay those

advances on or before the last banking day of each of September, December,

March and June.

Section 4 is amended by striking out "September 30, 2001" and

substituting "September 30, 2006".

Alberta Regulation 167/2001

Electric Utilities Act

DIRECT SALES REGULATION

Filed: August 21, 2001

Made by the Lieutenant Governor in Council (O.C. 348/2001) on August 21,

2001 pursuant to

section 72 of the Electric Utilities Act.

Table of Contents

Definitions 1

Conditions precedent to entering into a direct sales agreement 2

Authorization to act for seller or buyer 3

Reporting duty re: direct sales agreement 4

Reporting duty re: forward contract 5

Approval by Power Pool Council 6

Financial settlement 7

Effect of entering into a direct sales agreement 8

Rules of the power pool 9

Operation of s45.96(2) of Act suspended 10

Repeal 11

Coming into force 12

Expiry 13

Definitions

1 In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "direct sales agreement" means an agreement relating to the

sale or provision of electric energy in accordance with the terms agreed to

by the parties to the agreement, but does not include a forward contract;

(c) "eligible direct buyer" means a person that buys or obtains

electric energy under a direct sales agreement and is approved by the Power

Pool Council pursuant to

section 6 as an eligible direct buyer;

(d) "eligible direct seller" means a person that sells or provides

electric energy under a direct sales agreement and is approved by the Power

Pool Council pursuant to

section 6 as an eligible direct seller;

(e) "forward contract" means an agreement relating to the sale or

provision of electric energy

(

i) that is capable of being traded on a forward

exchange, and

(ii) that provides for the future delivery of electric

energy;

(f) "forward exchange" means an organization that is in the

business of buying and selling forward contracts;

(g) "power pool administrator" means the person appointed under

section 9(1)(

b) of the Act;

(h) "system controller" means the person appointed under

section

9(1)(

c) of the Act.

Conditions precedent to entering into a direct sales agreement

2 An eligible direct seller and an eligible direct buyer may enter into a

direct sales agreement if

(

a) the eligible direct seller and the eligible direct buyer are

power pool participants in accordance with the rules of the power pool,

(

b) the scheduling and dispatch of electric energy sold or provided

under the direct sales agreement is controlled by the system controller,

and

(

c) the direct sales agreement is, by its terms, expressly subject

to the rules of the power pool including the rules established under

section 9(a).

Authorization to act for seller or buyer

3 An eligible direct seller and an eligible direct buyer may authorize a

person who meets the conditions established under

section 9(

b) to negotiate

or enter into a direct sales agreement on its behalf if the person so

authorized has obtained the approval of the Power Pool Council.

Reporting duty re: direct sales agreement

4(1) The parties to a direct sales agreement must provide the system

controller and the power pool administrator with the following information

in accordance with the rules established under

section 9(c):

(

a) the amount of electric energy to be sold or provided under the

agreement;

(

b) the dates and times at which electric energy is to be sold or

provided under the agreement;

(

c) any other information that is required by the rules of the

power pool to be provided to the system controller and the power pool

administrator in order

(

i) to ensure safe, reliable and economic operation of,

and dispatch of electric energy on, the interconnected system, and

(ii) to determine whether the amount of electric energy

actually sold or provided under the direct sales agreement varies from the

amount of electric energy agreed to be sold or provided under the

agreement.

(2) Notwithstanding anything in the rules of the power pool, the parties

to a direct sales agreement are not required to disclose to the Power Pool

Council or its employees any information relating to the price of electric

energy sold or provided under a direct sales agreement.

Reporting duty re: forward contract

5 When the electric energy referred to in a forward contract is under the

control of the system controller, the following information must be

provided to the system controller and the power pool administrator in

accordance with the rules established under

section 9(c):

(

a) the amount of electric energy to be sold or provided under the

agreement;

(

b) the dates and times at which electric energy is to be sold or

provided under the agreement;

(

c) any other information that is required by the rules of the

power pool to be provided to the system controller and the power pool

administrator in order

(

i) to ensure safe, reliable and economic operation of,

and dispatch of electric energy on, the interconnected electric system, and

(ii) to determine whether the amount of electric energy

actually sold or provided under the contract varies from the amount of

electric energy agreed to be sold or provided under the contract.

Approval by Power Pool Council

6 The Power Pool Council may approve a person as an eligible direct buyer

or as an eligible direct seller if the person is capable of responding to a

dispatch from the system controller in a manner that is satisfactory to the

Power Pool Council.

Financial settlement

7(1) Notwithstanding

section 13(1)(

b) of the Act, financial settlement for

electric energy sold or provided under a direct sales agreement or forward

contract

(

a) may be carried out by the parties to the agreement or contract

or the persons authorized by the parties to do so, and

(

b) is to be carried out at the price or for the consideration

agreed to by the parties to the agreement or contract,

unless subsection (2) applies.

(2) Where the amount of electric energy actually sold or provided under a

direct sales agreement or forward contract varies from the amount of

electric energy agreed to be sold or provided under the agreement or

contract, financial settlement for the excess or shortfall of electric

energy is to be carried out in accordance with the rules established under

section 9(d).

Effect of entering into a direct sales agreement

8 The entry into a direct sales agreement does not affect

(

a) any obligations or entitlements determined under

Part 4 of the

Act of a party to the agreement, or

(

b) any amounts payable under

Part 4.1 of the Act in lieu of the

obligations and entitlements referred to in clause (

a) by a party to the

agreement after December 31, 2000.

Rules of the power pool

9 Notwithstanding

section 9(1)(

a) of the Act, the Power Pool Council

shall establish any rules that are necessary to give effect to this

Regulation, including rules relating to

(

a) curtailment and certainty of supply of electric energy sold or

provided under direct sales agreements,

(

b) the conditions to be met by a person in order to be eligible to

be authorized to act on behalf of an eligible direct seller or an eligible

direct buyer under

section 3, and the process to be followed for that

person to obtain the approval of the Power Pool Council,

(

c) the information to be provided to the system controller and the

power pool administrator under

section 4 or 5 and the time and manner in

which the information must be provided, and

(

d) financial settlement relating to the excess or shortfall of

electric energy referred to in

section 7(2).

Operation of s45.96(2) of Act suspended

10(1) Where the balancing pool administrator holds a power purchase

arrangement pursuant to

section 8(1) of the Power Purchase Arrangements

Regulation (AR 170/99), the balancing pool administrator may sell or

provide the electric energy to which the power purchase arrangement applies

(

a) under a direct sales agreement, or

(

b) under a forward contract.

(2) Where the balancing pool administrator sells or provides electric

energy in accordance with subsection (1), the operation of

section 45.96(2)

of the Act is suspended in respect of determining the price of that

electric energy.

Repeal

11 The Direct Sales Regulation (AR 180/99) is repealed.

Coming into force

12 This Regulation comes into force on August 26, 2001.

Expiry

13 This Regulation is made under

section 72(1) of the Act and is repealed

in accordance with

section 72(2) of the Act.

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

Alberta Regulation 168/2001

Mines and Minerals Act

SULPHUR EMISSION CONTROL ASSISTANCE

AMENDMENT REGULATION

Filed: August 21, 2001

Made by the Lieutenant Governor in Council (O.C. 352/2001) on August 21,

2001 pursuant to sections 5 and 37 of the Mines and Minerals Act.

1 The Sulphur Emission Control Assistance Regulation (AR 275/89) is

amended by this Regulation.

2 The title is repealed and the following is substituted:

GAS PROCESSING EFFICIENCY

ASSISTANCE REGULATION

3 The following heading is added before

section 1:

PART 1

GENERAL

Section 1 is repealed and the following is substituted:

Interpretation

1(1) In this Regulation,

(a) "Act" means the Mines and Minerals Act;

(b) "Board" means the Energy Resources Conservation

Board or the Alberta Energy and Utilities Board;

(c) "cogen plant" means a power plant that is approved

under the Hydro and Electric Energy Act, or for which such approval is not

required by virtue of

section 11(1) of that Act, and that

(

i) produces electric energy concurrently

with steam for delivery to a gas plant and utilizes, as a fuel to produce

the electric energy and steam, predominantly products obtained from natural

gas processed at the gas plant, or

(ii) produces electric energy for delivery

to a gas plant utilizing predominantly waste energy produced by the gas

plant;

(d) "credit" means a credit established by the Minister

under

section 8, 9 or 9.4;

(e) "gas cost allowance" means costs and allowances

referred to in

section 11 of the Natural Gas Royalty Regulations (AR

16/74),

section 28 of the Natural Gas Royalty (Pre-1994) Regulation (AR

246/90) or

section 17 of the Natural Gas Royalty Regulation, 1994 (AR

351/93);

(f) "gas plant" means a processing plant as defined in

the Oil and Gas Conservation Act;

(g) "gas plant owner" means a person who is the owner

or a co-owner of a gas plant;

(h) "operator", with reference to a gas plant or cogen

plant, means the operator of the plant according to the records of the

Board;

(i) "participant" means a person to whom credits have

been allocated pursuant to

section 11(1);

(j) "waste energy" means heat, steam or other kinds of

energy produced by a gas plant that in the opinion of the Minister do not

have a marketable value or purpose.

(2) If the Minister prescribes the form of an application under this

Regulation, the application must be made in the prescribed form.

(3) For the purposes of this Regulation, equipment is considered to

have commenced operation when the Minister is satisfied that it has

commenced operation.

5 The following is added before

section 2:

PART 2

SULPHUR EMISSIONS CONTROL

Definitions

1.1 In this Part,

(a) "acid gas" means a gaseous mixture consisting

mainly of hydrogen sulphide, or of hydrogen sulphide and carbon dioxide,

that is removed from natural gas at an eligible gas plant;

(b) "approved equipment" means the equipment or

facilities designated by the Minister under

section 3(2) as approved

equipment in relation to an eligible gas plant;

(c) "approved process" means a process that forms part

of a sour gas plant and that, in the opinion of the Minister, achieves, or

when in operation will achieve, the recovery of not less than 70% of

equivalent sulphur contained in the acid gas removed at that plant;

(d) "eligible capital costs", with reference to

approved equipment, means the eligible capital costs of that equipment

determined in accordance with sections 4 and 6;

(e) "eligible gas plant" means a sour gas plant

designated as an eligible gas plant pursuant to

section 3(1);

(f) "eligible operating expenses", with reference to

approved equipment, means the eligible operating expenses for that

equipment determined in accordance with sections 5 and 6;

(g) "sour gas plant" means

(

i) a gas plant that, according to the

Board, has a design capacity for a sulphur equivalent inlet rate of not

less than one tonne nor more than 5 tonnes per day, and

(ii) any other gas plant specified by order

of the Minister as a sour gas plant.

Section 2 is amended

(

a) in clause (

a) by striking out "a plant approved by the Board on

or after July 6, 1988" and substituting "an eligible gas plant";

(

b) in clause (

b) by striking out "plant" and substituting "gas

plant referred to in

section 1.1(g)(

i) approved by the Board on or after

July 6, 1988";

(

c) by striking out "Natural Gas Royalty Regulations (Alta. Reg.

16/74)" and substituting "Natural Gas Royalty Regulation, 1994 (AR

351/93)".

Section 3 is amended

(

a) in subsection (1) by striking out "small";

(

b) in subsections (1) and (2) by striking out "eligible plant"

wherever it occurs and substituting "eligible gas plant".

Section 4 is amended

(

a) by repealing subsection (2)(

a) and substituting the following:

(

a) the costs are incurred before May 1, 2001 or on or

after May 1, 2006, in the case of a gas plant referred to in

section

1.1(g)(ii),

(a.1) the costs are incurred before July 6, 1988, in the

case of any other gas plant,

(

b) by repealing subsection (2)(

d) and substituting the following:

(

d) a gas cost allowance has been finally determined

for any year in respect of the approved equipment under

section 11(3)(

b) of

the Natural Gas Royalty Regulations (AR 16/74),

section 28(3)(

b) of the

Natural Gas Royalty (Pre-1994) Regulation (AR 246/90) or

section 17(4)(

b) of the Natural Gas Royalty Regulation, 1994 (AR 351/93).

(

c) in subsection (3) by adding "gas" before "plant" wherever it

occurs.

Section 5 is amended

(

a) in subsection (2) by striking out "or" at the end of clause (

a) and by repealing clause (

b) and substituting the following:

(

b) a gas cost allowance has been finally determined

for any year in respect of the approved equipment under

section 11(3)(

b) of

the Natural Gas Royalty Regulations (AR 16/74),

section 28(3)(

b) of the

Natural Gas Royalty (Pre-1994) Regulation (AR 246/90) or

section 17(4)(

b) of the Natural Gas Royalty Regulation, 1994 (AR 351/93), or

(

c) the expenses are incurred in respect of a sour gas

plant approved by the Board prior to July 6, 1988 or referred to in

section

1.1(g)(ii).

(

b) in subsection (3)(

d) by adding "gas" before "plant" wherever it

occurs.

Section 6 is amended by adding "gas" before "plant" wherever it

occurs.

Section 7 is repealed.

Section 8(1) is amended by striking out "a plant approved by the Board

on or after July 6, 1988" and substituting "a gas plant".

Section 9(1) is amended by adding "of an eligible gas plant" after

"operator".

14 The following is added after

section 9:

PART 3

ENERGY EFFICIENCY

Definitions

9.1 In this Part,

(a) "cogen plant owner" means a person who is the owner

or a co-owner of a dedicated cogen plant;

(b) "dedicated cogen plant", with reference to a gas

plant, means a cogen plant that is designated under

section 9.3 as a

dedicated cogen plant in relation to the gas plant.

Authority for credits

9.2 The Minister is authorized in accordance with this Regulation

to establish in relation to a gas plant credits in accordance with the

Schedule in respect of a dedicated cogen plant of the gas plant to be

applied against the payment of money owing to the Crown in right of Alberta

under the Natural Gas Royalty Regulation, 1994 (AR 351/93).

Qualifying equipment

9.3 The Minister may, on the application of the operator of a gas

plant, designate a cogen plant as a dedicated cogen plant in relation to

that gas plant if the Minister is satisfied that,

(

a) in the case of a cogen plant described in

section

1(1)(c)(i),

(

i) most of the steam produced by the cogen

plant will be used in the operation of the gas plant,

(ii) electric energy produced by the cogen

plant will be used in the operation of the gas plant,

(iii) the cogen plant will predominantly use

as a fuel products that are obtained from natural gas at the gas plant and

are then delivered to the cogen plant, and

(iv) the cogen plant will produce steam from

heat contained in the exhaust gas generated by the gas turbine generator

sets of the cogen plant where, in the absence of duct firing, the energy

content of the vapour contained in the steam is greater than 35% of the

energy content of the fuel used to generate the heat,

and

(

b) in the case of a cogen plant described in

section

1(1)(c)(ii), most of the electric energy and most of any steam produced by

the cogen plant will be used in the operation of the gas plant.

Credits

9.4(1) The operator of a gas plant may make an application to the

Minister to have credits established in respect of a dedicated cogen plant

of the gas plant within the 6-month period following the month in which,

(

a) in the case of a cogen plant described in

section

1(1)(c)(i), the gas turbine generator sets and controls of the cogen plant

commenced operation, or

(

b) in the case of a cogen plant described in

section

1(1)(c)(ii), the electric generator sets and controls of the cogen plant

commenced operation,

or within any extension of that period granted by the Minister.

(2) When the Minister approves an application under subsection (1),

the Minister may establish credits in accordance with the

Schedule in

respect of the cogen plant.

PART 4

ADMINISTRATION OF CREDITS

Information as to credit allocation

9.5(1) The operator of a gas plant shall show in an application

under this Regulation for the establishment of credits

(

a) the names of the persons to whom credits are to be

allocated by the Minister, and

(

b) the percentage of the credits to be allocated to

each of those persons.

(2) The operator shall notify the Minister of any change in the

information provided under subsection (1) and the effective date of the

change.

Section 10 is amended by striking out "Natural Gas Royalty Regulations

(Alta. Reg. 16/74)" and substituting "Natural Gas Royalty Regulation, 1994

(AR 351/93)".

Section 11(1) is amended by striking out "section 7" and substituting

"section 9.5".

Section 13 is repealed and the following is substituted:

Records

13(1) Subject to subsection (2), where the operator of a gas plant

has made an application under this Regulation in respect of the gas plant

or in respect of the gas plant and a dedicated cogen plant and that

application is approved by the Minister, all records that relate to the

application that are in the possession of the operator of the gas plant,

the operator of the dedicated cogen plant and the cogen plant owners of the

dedicated cogen plant, as the case may be, must be kept by those persons

until

(

a) the expiration of the 5-year period following the

day on which the application is filed, in the case of an application for

credits under

Part 2, or

(

b) the expiration of the 10-year period following the

day on which the application is filed, in the case of an application for

credits under

Part 3.

(2) If the Minister is of the opinion that it is necessary for the

administration of the Act or this Regulation, the Minister may, by a

direction sent by registered mail or served personally, require any person

required under subsection (1) to keep records to keep any records referred

to in that subsection for any longer period specified in the direction.

(3) A person required to keep records pursuant to this

section

shall, on the request of the Minister, submit to the Minister within the

time specified by the Minister any information or record the Minister

requires.

Section 15 is amended

(

a) by repealing subsections (1) and (2) and substituting the

following:

Recovery of unauthorized credits

15(1) If any credits are applied in satisfaction of an

obligation under the Natural Gas Royalty Regulations (AR 16/74), Natural

Gas Royalty (Pre-1994) Regulation (AR 246/90) or Natural Gas Royalty

Regulation, 1994 (AR 351/93), and

(

a) subsequently credits related to the same approved

equipment are eliminated or reduced by reason of a determination under

section 14(1)(

c) or (d), or

(

b) it is subsequently determined by the Minister that

some or all of the credits so applied should not have been established for

any reason,

the operator of the gas plant who made the application for

those particular credits is liable to pay to the Crown an amount equal to

the credits that should not have been so applied.

(2) If credits allocated or transferred to the operator of a

gas plant are applied in satisfaction of an obligation of that operator

under a regulation referred to in subsection (1) and it is subsequently

determined by the Minister that the operator had contravened this

Regulation prior to the allocation of the credits, the operator is liable

to pay to the Crown an amount equal to the credits that were so applied or

any lesser amount specified by the Minister.

(

b) in subsection (3) by striking out "a notice" and substituting

"a notice of liability".

19 The following is added after

section 15:

SCHEDULE

ESTABLISHING ENERGY EFFICIENCY CREDITS

1 For the purpose of establishing credits under

section 9.4 of this

Regulation in relation to a gas plant, the Minister may determine the

amount equal to the present value as of the date the credits are

established of the costs of processing the Crown's royalty share of natural

gas or products obtained from natural gas that the Minister estimates will

be saved as a result of the use in the gas plant and other gas plants, if

any, of electric energy, steam or both to be produced in a dedicated cogen

plant.

2 Credits to be established under

section 9.4(2) of this Regulation

in respect of a gas plant shall be established in accordance with the

following formula:

C = A% x DCS

where

C is the amount of credits established,

A% is the percentage under

section 3 applicable to the

dedicated cogen plant of the gas plant, and

DCS is the amount determined by the Minister in respect

of the gas plant under

section 1.

3(1) Subject to subsection (2), the applicable percentage to be used

in determining credits under

section 9.4(2) of this Regulation is the

percentage specified in column 1 of this subsection that corresponds to the

period specified in column 2 of this subsection during which the equipment

of the cogen plant referred to in

section 9.4(1)(

a) or (

b) of this

Regulation commenced operation.

Column 1

Column 2

On or after May 1, 2001 and before November 1, 2003,

85.7

November of 2003,

71.4

December of 2003,

57.1

January of 2004,

42.8

February of 2004,

28.5

March of 2004,

14.2

April of 2004, and

zero

After April of 2004.

(2) The Minister may by order, extend a period of time referred to

in column 2 in subsection (1) in respect of a dedicated cogen plant.

20 This Regulation is effective on and from September 1, 2001.

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

Alberta Regulation 169/2001

Environmental Protection and Enhancement Act

BEVERAGE CONTAINER RECYCLING AMENDMENT REGULATION

Filed: August 21, 2001

Made by the Lieutenant Governor in Council (O.C. 355/2001) on August 21,

2001 pursuant to

section 168 of the Environmental Protection and

Enhancement Act.

1 The Beverage Container Recycling Regulation (AR 101/97) is amended by

this Regulation.

Section 22 is amended by striking out "October 31, 2001" and

substituting "October 31, 2006".

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

Alberta Regulation 170/2001

Environmental Protection and Enhancement Act

TIRE RECYCLING AND MANAGEMENT AMENDMENT REGULATION

Filed: August 21, 2001

Made by the Lieutenant Governor in Council (O.C. 356/2001) on August 21,

2001 pursuant to

section 168 of the Environmental Protection and

Enhancement Act.

1 The Tire Recycling and Management Regulation (AR 206/96) is amended by

this Regulation.

Section 6(4) is amended by striking out "(2) or (3)" and substituting

"(1) or (2)".

Section 21 is amended by striking out "2001" and substituting "2006".

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

Alberta Regulation 171/2001

Weed Control Act

WEED REGULATION

Filed: August 29, 2001

Made by the Deputy Premier and Minister of Agriculture, Food and Rural

Development (M.O. 05/2001) on May 3, 2001 pursuant to

section 40 of the

Weed Control Act.

Table of Contents

Designation of weeds 1

Deposits in respect of appeals 2

Forms 3

Repeals 4

Expiry 5

Schedules

Designation of weeds

1 The plants set out in

Schedule 1 are designated as restricted weeds,

noxious weeds or nuisance weeds in accordance with that Schedule.

Deposits in respect of appeals

2 The deposit that is to accompany a notice of appeal under

section 28 of

the Weed Control Act is $100.

Forms

3 The forms set out in

Schedule 2 are the forms prescribed for the

purposes of the sections of the Weed Control Act as indicated on the forms.

Repeals

4 The following regulations are repealed:

(

a) the Weed Designation Regulation (AR 138/80);

(

b) the Deposit and Forms Regulation (AR 54/91).

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on August 1, 2006.

SCHEDULE 1

1 The following plants are designated as restricted weeds in Alberta:

(

a) Red bartsia - Odontites serotina Dum.;

(

b) Diffuse knapweed - Centaurea diffusa Lam.;

(

c) Spotted knapweed - Centaurea maculosa Lam.;

(

d) Nodding thistle - Carduus nutans L.;

(

e) Eurasian water milfoil - Myriophyllum spicatum L.;

(

f) Dodder - Cuscuta spp.;

(

g) Yellow star-thistle - Centaurea solstitialis L.

2 The following plants are designated as noxious weeds in Alberta:

(

a) Russian knapweed - Centaurea repens L.;

(

b) Field bindweed - Convolvulus arvensis L.;

(

c) White cockle - Silene alba (Mill.) E. H. L. Krause;

(

d) Bladder campion - Silene cucubalus Wibel;

(

e) Cleavers - Galium aparine L. and Galium spurium L.;

(

f) Hoary cress - Cardaria spp.;

(

g) Knawel - Scleranthus annuus L.;

(

h) Perennial sow thistle - Sonchus arvensis L.;

(

i) Cypress spurge - Euphorbia cyparissias L.;

(

j) Leafy spurge - Euphorbia esula L.;

(

k) Stork's bill - Erodium cicutarium (L.) L'Her.;

(

l) Canada thistle - Cirsium arvense (L.) Scop.;

(

m) Toadflax - Linaria vulgaris Hill.;

(

n) Persian darnel - Lolium persicum Boiss. & Hohen.;

(

o) Scentless chamomile - Matricaria perforata Merat.;

(

p) Common tansy - Tanacetum vulgare L.;

(

q) Blueweed - Echium vulgare L.;

(

r) Spreading dogbane - Apocynum androsaemifolium L.;

(

s) Field scabious - Knautia arvensis (L.) Duby;

(

t) Hound's-tongue - Cynoglossum officinale L.;

(

u) Oxeye daisy - Chrysanthemum leucanthemum L.;

(

v) Tall buttercup - Ranunculus acris L.;

(

w) Purple loosestrife - Lythrum salicaria L.

3 The following plants are designated as nuisance weeds in Alberta:

(

a) Dalmatian toadflax - Linaria dalmatica (L.) Mill.;

(

b) Wild radish - Raphanus raphanistrum L.;

(

c) Creeping bellflower - Campanula rapunculoides L.;

(

d) Hedge bindweed - Convolvulus sepium L.;

(

e) Bluebur - Lappula echinata Gilib;

(

f) Downy brome - Bromus tectorum L.;

(

g) Tartary buckwheat - Fagopyrum tataricum (L.) J. Gaerta;

(

h) Wild buckwheat - Polygonum convolvulus L.;

(

i) Biennial campion - Silene cserei Baumg.;

(

j) Night-flowering catchfly - Silene noctiflora L.;

(

k) Common chickweed - Stellaria media (L.) Vill.;

(

l) Field chickweed - Cerastium arvense L.;

(

m) Mouse-eared chickweed - Cerastium vulgatum L.;

(

n) Rough cinquefoil - Potentilla norvegica L.;

(

o) Cow cockle - Saponaria vaccaria L.;

(

p) Flixweed - Descurainia sophia (L.) Webb;

(

q) Green foxtail - Setaria viridis (L.) Beauv.;

(

r) Quack grass - Agropyron repens (L.) Beauv.;

(

s) Narrow-leaved hawk's-beard - Crepis tectorum L.;

(

t) Hemp nettle - Galeopsis tetrahit L.;

(

u) Henbit - Lamium amplexicaule L.;

(

v) Lady's-thumb - Polygonum persicaria L.;

(

w) Round-leaved mallow - Malva rotundifolia L.;

(

x) Ball mustard - Neslia paniculata (L.) Desv.;

(

y) Dog mustard - Erucastrum gallicum (Willd.) O.E. Schulz;

(

z) Green tansy mustard - Descurainia pinnata (Walt.) Britt.;

(aa) Wild mustard - Sinapis arvensis L.;

(bb) Wormseed mustard - Erysimum cheiranthoides L.;

(cc) Wild oats - Avena fatua L.;

(dd) Redroot pigweed - Amaranthus retroflexus L.;

(ee) Shepherd's purse - Capsella bursa-pastoris (L.) Medic.;

(ff) Annual sow thistle - Sonchus oleraceus L.;

(gg) Corn spurry - Spergula arvensis L.;

(hh) Stinkweed - Thlaspi arvense L.;

(ii) Russian thistle - Salsola pestifer A. Nels.;

(jj) Dandelion - Taraxacum officinale Weber.

SCHEDULE 2

FORM 1

Weed Control Act

(Section 12)

NOTICE

TO REMEDY WEED PROBLEM

TO:

ADDRESS:

YOU ARE HEREBY DIRECTED TO:

DESTROY THE CONTROL THE

RESTRICTED WEEDS NOXIOUS WEEDS

1. 1.

2. 2.

3. 3.

4. 4.

WHICH ARE INFESTING THE PROPERTY:

Municipally known as:

W E

Lot(

s) Blk. Plan

Or described as ¬ of

Section S

Township Range LOCATION OF PROPERTY

(approximate)

West of the Meridian.

The weeds will be considered controlled or destroyed if

Action is to be completed on or before (day) (month) (year).

If this notice is not complied with action will be taken in accordance with

the provisions of the Weed Control Act.

Dated 20

Issued under

section 12 (Inspector)

of the Weed Control Act (Municipality)

(Address)

File No. ______ IMPORTANT SEE REVERSE SIDE

(Reprinted from the Weed Control Act)

VIOLATION

31 An occupant of land, or if the land is unoccupied, the owner of the

land, shall as often as is necessary

(

a) destroy all restricted weeds located on the land to prevent the

spread, growth, ripening or scattering of the restricted weeds,

(

b) control in accordance with this Act and the regulations all

noxious weeds located on the land to prevent the spread, growth, ripening

or scattering of the noxious weeds, and

(

c) prevent the spread or scattering of nuisance weeds.

32 An owner or occupant of land who receives a notice under this Act

shall, subject to any right of appeal given by this Act, carry out the

directions contained in the notice.

APPEALS

28(1) A person who

(

a) has an interest in land as an owner or occupant, and

(

b) considers himself aggrieved by a notice that relates to the

land and that is given by an inspector under

section 12, 12.1 or 17(1),

may appeal to the local authority of the municipality in which that land is

located by filing a notice of appeal under this section.

(2) A notice of appeal shall be in writing and shall set out

(

a) the name and address of the appellant,

(

b) a copy of the notice in respect of which the appeal is being

taken,

(

c) the legal description of the land affected, and

(

d) the grounds for appeal.

(3) A notice of appeal shall be delivered personally or sent by double

registered mail or certified mail to the municipal secretary, within the

time specified in the notice for doing the thing required by the notice or

10 days, whichever is less.

(4) A notice of appeal shall be accompanied by a deposit in an amount

prescribed by the regulations.

(5) The deposit made under subsection (4) shall be refunded if the

appellant is successful in his appeal under this

section or in a review

under

section 29.

(6) A local authority shall at least once a year appoint an independent

committee to hear and determine appeals under this

section and on receipt

of a notice of appeal a local authority shall refer the appeal to that

committee.

(7) Within 15 days from the day of receipt of a notice of appeal, the

committee shall hear and determine the appeal and the committee may

confirm, rescind or vary the notice that was issued.

(8) The municipal secretary shall, on determination of the appeal, send a

copy of the decision together with the written reasons, if any, to the

appellant by double registered mail or certified mail.

OFFENCE

38 A person who contravenes this Act or the regulations is guilty of an

offence and liable to a fine of not more than $5000 and in default of

payment to a term of imprisonment of not more than 60 days.

FORM 2

Weed Control Act

(Section 17)

NOTICE

TO CONTROL THE GROWING AND USE OF CROPS

TO: ADDRESS:

You are hereby notified that the land, ¬ of

Section

Township Range West of the Meridian, contains

(restricted/noxious) weeds of the following description:

W E

LOCATION OF PROPERTY

(approximate)

You are hereby directed

If this notice is not complied with, action will be taken in accordance

with the Weed Control Act.

Dated 20

THIS NOTICE CEASES TO HAVE EFFECT ONE YEAR FOLLOWING THE DATE ON WHICH IT

IS ISSUED.

Issued under

section 17(1) (Inspector)

of the Weed Control Act (Municipality)

(Address)

File No. ______ IMPORTANT: SEE REVERSE SIDE

(Reprinted from the Weed Control Act)

VIOLATION

31 An occupant of land, or if the land is unoccupied, the owner of the

land, shall as often as is necessary

(

a) destroy all restricted weeds located on the land to prevent the

spread, growth, ripening or scattering of the restricted weeds,

(

b) control in accordance with this Act and the regulations all

noxious weeds located on the land to prevent the spread, growth, ripening

or scattering of the noxious weeds, and

(

c) prevent the spread or scattering of nuisance weeds.

32 An owner or occupant of land who receives a notice under this Act

shall, subject to any right of appeal given by this Act, carry out the

directions contained in the notice.

APPEALS

28(1) A person who

(

a) has an interest in land as an owner or occupant, and

(

b) considers himself aggrieved by a notice that relates to the

land and that is given by an inspector under

section 12, 12.1 or 17(1),

may appeal to the local authority of the municipality in which that land is

located by filing a notice of appeal under this section.

(2) A notice of appeal shall be in writing and shall set out

(

a) the name and address of the appellant,

(

b) a copy of the notice in respect of which the appeal is being

taken,

(

c) the legal description of the land affected, and

(

d) the grounds for appeal.

(3) A notice of appeal shall be delivered personally or sent by double

registered mail or certified mail to the municipal secretary, within the

time specified in the notice for doing the thing required by the notice or

10 days, whichever is less.

(4) A notice of appeal shall be accompanied by a deposit in an amount

prescribed by the regulations.

(5) The deposit made under subsection (4) shall be refunded if the

appellant is successful in his appeal under this

section or in a review

under

section 29.

(6) A local authority shall at least once a year appoint an independent

committee to hear and determine appeals under this

section and on receipt

of a notice of appeal a local authority shall refer the appeal to that

committee.

(7) Within 15 days from the day of receipt of a notice of appeal, the

committee shall hear and determine the appeal and the committee may

confirm, rescind or vary the notice that was issued.

(8) The municipal secretary shall, on determination of the appeal, send a

copy of the decision together with the written reasons, if any, to the

appellant by double registered mail or certified mail.

OFFENCE

38 A person who contravenes this Act or the regulations is guilty of an

offence and liable to a fine of not more than $5000 and in default of

payment to a term of imprisonment of not more than 60 days.

FORM 3

Weed Control Act

(Section 12.1)

NOTICE

TO REMEDY WEED PROBLEM ON SUBDIVIDED LAND

TO:

ADDRESS:

You are hereby directed that as an owner or occupant of subdivided land you

are required to destroy restricted weeds and noxious weeds within the time

specified in this notice.

Weeds may be destroyed by intermittent cultivation, mowing or by

application of an appropriate herbicide.

Action is to be completed on or before 20 .

A

schedule of restricted and noxious weeds is attached and forms part of

this notice.

If this notice is not complied with action will be taken in accordance with

the Weed Control Act.

Dated 20

Issued under

section 12.1

of the Weed Control Act

File No. (Issuing Municipality)

IMPORTANT: SEE REVERSE SIDE

(Reprinted from the Weed Control Act)

VIOLATION

31 An occupant of land, or if the land is unoccupied, the owner of the

land, shall as often as is necessary

(

a) destroy all restricted weeds located on the land to prevent the

spread, growth, ripening or scattering of the restricted weeds,

(

b) control in accordance with this Act and the regulations all

noxious weeds located on the land to prevent the spread, growth, ripening

or scattering of the noxious weeds, and

(

c) prevent the spread or scattering of nuisance weeds.

32 An owner or occupant of land who receives a notice under this Act

shall, subject to any right of appeal given by this Act, carry out the

directions contained in the notice.

APPEALS

28(1) A person who

(

a) has an interest in land as an owner or occupant, and

(

b) considers himself aggrieved by a notice that relates to the

land and that is given by an inspector under

section 12, 12.1 or 17(1),

may appeal to the local authority of the municipality in which that land is

located by filing a notice of appeal under this section.

(2) A notice of appeal shall be in writing and shall set out

(

a) the name and address of the appellant,

(

b) a copy of the notice in respect of which the appeal is being

taken,

(

c) the legal description of the land affected, and

(

d) the grounds for appeal.

(3) A notice of appeal shall be delivered personally or sent by double

registered mail or certified mail to the municipal secretary, within the

time specified in the notice for doing the thing required by the notice or

10 days, whichever is less.

(4) A notice of appeal shall be accompanied by a deposit in an amount

prescribed by the regulations.

(5) The deposit made under subsection (4) shall be refunded if the

appellant is successful in his appeal under this

section or in a review

under

section 29.

(6) A local authority shall at least once a year appoint an independent

committee to hear and determine appeals under this

section and on receipt

of a notice of appeal a local authority shall refer the appeal to that

committee.

(7) Within 15 days from the day of receipt of a notice of appeal, the

committee shall hear and determine the appeal and the committee may

confirm, rescind or vary the notice that was issued.

(8) The municipal secretary shall, on determination of the appeal, send a

copy of the decision together with the written reasons, if any, to the

appellant by double registered mail or certified mail.

OFFENCE

38 A person who contravenes this Act or the regulations is guilty of an

offence and liable to a fine of not more than $5000 and in default of

payment to a term of imprisonment of not more than 60 days.

SCHEDULE OF RESTRICTED AND NOXIOUS WEEDS

(From the Weed Regulation)

Restricted

Red bartsia - Odontites serotina Dum.

Diffuse knapweed - Centaurea diffusa Lam.

Spotted knapweed - Centaurea maculosa Lam.

Nodding thistle - Carduus nutans L.

Eurasian water milfoil - Myriophyllum spicatum L.

Dodder - Cuscuta spp.

Yellow star - thistle - Centaurea solstitialis L.

Noxious

Russian knapweed - Centaurea repens L.

Field bindweed - Convolvulus arvensis L.

White cockle - Silene alba (Mill.) E.H.L. Krause

Bladder campion - Silene cucubalus Wibel

Cleavers - Galium aparine L. and Galium spurium L.

Hoary cress - Cardaria spp.

Knawel - Scleranthus annuus L.

Perennial sow thistle - Sonchus arvensis L.

Cypress spurge - Euphorbia cyparissias L.

Leafy spurge - Euphorbia esula L.

Stork's bill - Erodium cicutarium (L.) L'Her.

Canada thistle - Cirsium arvense (L.) Scop.

Toadflax - Linaria vulgaris Hill.

Persian darnel - Lolium persicum Boiss. & Hohen.

Scentless chamomile - Matricaria perforata Merat.

Common tansy - Tanacetum vulgare L.

Blue weed - Echium vulgare L.

Spreading dogbane - Apocynum androsaemifolium L.

Field scabious - Knautia arvensis (L.) Duby

Hound's-tongue - Cynoglossum officinale L.

Oxeye daisy - Chrysanthemum leucanthemum L.

Tall buttercup - Ranunculus acris L.

Purple loosestrife - Lythrum salicaria L.

FORM 4

Weed Control Act

(Sections 4 and 5)

ALBERTA WEED

INSPECTOR

IDENTIFICATION CARD

This certifies that (name) of (address)

is an inspector under the Weed Control Act for the jurisdiction of

(County, M.D., I.D., town, village) .

This appointment is effective from (date) to (date)

(termination of

employment)

(Municipal Secretary,

I.D. Administrator)

IMPORTANT: SEE REVERSE

(Reprinted from the Weed Control Act)

37 No person shall willfully obstruct or delay an inspector carrying out

his duties under this Act or the regulations.

OFFENCE

38 A person who contravenes this Act or the Regulations is guilty of an

offence and liable to a fine of not more than $5000 and in default of

payment to a term of imprisonment of not more than 60 days.

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

Alberta Regulation 172/2001

Environmental Protection and Enhancement Act

CONSERVATION EASEMENT REGISTRATION

AMENDMENT REGULATION

Filed: August 30, 2001

Made by the Minister of Environment (M.O. 33/2001) on August 28, 2001

pursuant to

section 34(

k) and (

l) of the Environmental Protection and

Enhancement Act.

1 The Conservation Easement Registration Regulation (AR 215/96) is

amended by this Regulation.

Section 5 is amended by striking out "September 1, 2001" and

substituting "September 1, 2006".