Alberta Regulation 180/2010

Metis Settlements Act

METIS SETTLEMENTS OMBUDSMAN AMENDMENT REGULATION

Filed: November 1, 2010

For information only: Made by the Minister of Aboriginal Relations

(M.O. MSO-02/2010) on October 28, 2010 pursuant to

section 175.1 of the

Metis Settlements Act.

1 The Metis Settlements Ombudsman Regulation

(AR 116/2007) is amended by this Regulation.

Section 1(

b) is repealed.

Section 5(3) is repealed and the following is substituted:

(3) If the Metis Settlements Ombudsman dies, resigns or is removed

from office, an individual must be appointed by the Minister under

section 4(1) as the Metis Settlements Ombudsman for the unexpired

period of the term, or for any longer or shorter period the Minister

consider appropriate or until a person is appointed under

section 4.

(4) Section 4(2) does not apply to the appointment of an individual

as Metis Settlements Ombudsman under subsection (3).

Section 7 is repealed and the following is substituted:

Staff

7 In accordance with the Public Service Act, there must be

appointed such staff as is required for the purposes of the office of

the Metis Settlements Ombudsman.

Section 8 is repealed and the following is substituted:

Authority of Metis Settlements Ombudsman

8 The Metis Settlements Ombudsman is authorized to perform all

or any of the functions, powers and duties of an investigator under

section 171 to 175 of the Act with respect to

(

a) a settlement, or

(

b) an entity that is directly or indirectly controlled by a

settlement council or by persons who are employees or

officials of a settlement.

Section 9 is amended by renumbering it as

section 9(1)

and by adding the following after subsection (1):

(2) If the Metis Settlements Ombudsman appoints an investigator

under

section 171 of the Act pursuant to subsection (1), the exercise

of the investigator's authority is subject to the direction and control

of the Metis Settlements Ombudsman.

7 Sections 11 and 14 are repealed.

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

Alberta Regulation 181/2010

School Act

DISPOSITION OF PROPERTY REGULATION

Filed: November 2, 2010

For information only: Made by the Minister of Education (M.O. 057/2010) on

September 27, 2010 pursuant to

section 201 of the School Act.

Table of Contents

Interpretation

Part 1

Establishment of Policies

2 Board policy respecting use of school buildings

3 Policy set by Minister

4 Board policy respecting surplus reserve land

5 Policy set by Minister

6 Declaration of surplus reserve land

7 Declaration by Minister

Part 2

Lease, Sale or Transfer of Real Property

8 Lease of real property

9 Method for sale of property

10 Sale of real property

11 Transfer of real property

Part 3

Repeal, Expiry and Coming into Force

12 Repeal

13 Expiry

14 Coming into force

Interpretation

1(1) In this Regulation,

(a) "Act" means the School Act;

(b) "board" includes

(

i) a Regional Authority of a Francophone Education

Region, and

(ii) except in sections 2 to 7, an operator of a charter school;

(c) "Government contribution" means money provided by the

Government to a board for a school building project and

includes all money paid to a board from the former School

Foundation Program Fund;

(d) "municipal and school reserve" means a municipal and

school reserve within the meaning of the Municipal

Government Act;

(e) "municipal reserve" means a municipal reserve within the

meaning of the Municipal Government Act;

(f) "school reserve" means a school reserve within the meaning

of the Municipal Government Act.

(2) A reference to "Minister" in this Regulation is to be read as a

reference to the Minister of Education.

Part 1

Establishment of Policies

Board policy respecting use of school buildings

2(1) A board must establish a policy respecting the criteria and

process used to determine whether the board has use for a school

building that has been closed pursuant to the Closure of Schools

Regulation (AR 238/97).

(2) A policy referred to in subsection (1) must include, but is not

limited to, the consideration of

(

a) demographic factors,

(

b) other public educational uses for the school building, and

(

c) any other criteria the board considers necessary.

Policy set by Minister

3(1) Despite

section 2, the Minister may establish a policy respecting

the criteria and process that a board must apply to determine whether a

board has use for a school building that has been closed pursuant to the

Closure of Schools Regulation (AR 238/97).

(2) If a policy established by the Minister under subsection (1) differs

from a board's policy under

section 2, the Minister's policy governs.

Board policy respecting surplus reserve land

4(1) A board must establish a policy respecting the criteria and

process used to determine for the purposes of

section 672 of the

Municipal Government Act whether its interest in a school reserve,

municipal and school reserve or municipal reserve is surplus to the

board's needs.

(2) A policy referred to in subsection (1) must include, but is not

limited to, the consideration of

(

a) enrolment trends within the area intended to be served by the

school reserve, municipal and school reserve or municipal

reserve,

(

b) student accommodation and transportation issues,

(

c) whether a school on the school reserve, municipal and school

reserve or municipal reserve is included in the board's capital

plan,

(

d) consultation with other boards with respect to their needs for

the school reserve, municipal and school reserve or

municipal reserve, and

(

e) any other criteria the board considers necessary.

Policy set by Minister

5(1) Despite

section 4, the Minister may establish a policy respecting

the criteria and process that a board must apply to determine whether

its interest in a school reserve, municipal and school reserve or

municipal reserve is surplus to the board's needs.

(2) If a policy established by the Minister under subsection (1) differs

from a board's policy under

section 4, the Minister's policy governs.

Declaration of surplus reserve land

6(1) If a board is of the opinion that a school reserve, municipal and

school reserve or municipal reserve in which the board has an interest

is surplus to the board's needs, the board must provide the Minister

with a declaration to that effect.

(2) A declaration under subsection (1) does not take effect until it is

approved in writing by the Minister.

(3) The Minister may refuse to approve a declaration under subsection

(2) if the Minister is of the opinion that the board's interest in the

school reserve, municipal and school reserve or municipal reserve

should be used for public educational purposes.

(4) If the Minister refuses to approve a declaration under subsection

(2), the Minister may require the board to transfer its interest in the

school reserve, municipal and school reserve or municipal reserve to

another board in accordance with the Minister's direction.

Declaration by Minister

7 Despite

section 6, if the Minister has established a policy under

section 5, the Minister may by order declare a board's interest in a

school reserve, municipal and school reserve or municipal reserve to

be surplus to the board's needs.

Part 2

Lease, Sale or Transfer of

Real Property

Lease of real property

8(1) Notwithstanding

section 200(2) of the Act, a board may, without

the approval of the Minister,

(

a) lease any real property that is neither a school building nor a

portion of a school building,

(

b) lease a school building or portion of it for less than 12

months, and

(

c) lease a school building or portion of it for 12 months or more

if the lease contains a termination provision allowing the

board to terminate the lease on 12 months' notice.

(2) On leasing a school building or portion of it for 10 days or longer,

the board shall

(

a) keep the lease agreement on file at the board's offices, and

(

b) provide to the Minister any information related to the leasing

of the school space that the Minister requires.

(3) When, in the opinion of the Minister, space is available in a school

building, the Minister may direct the board operating the school to

make that space available to another board.

Method for sale of property

9(1) If a board intends to sell

(

a) an item of real property that has a value of more than

$50 000, or

(

b) an item of personal property that has a value of more than

$10 000,

the board must conduct the sale in accordance with this section.

(2) Prior to selling the property, the board shall obtain 2 or more

current independent appraisals of the market value of the property.

(3) The sale must be conducted by tender or public auction.

(4) The board shall advertise the sale at least twice in a newspaper

circulating in the district, division or Francophone Education Region

prior to the sale.

(5) The board may only sell the property if

(

a) the bid or tender received is reasonable, in the opinion of the

board, having regard to the appraisals it received, and

(

b) in the case of real property, the Minister approves the sale

after the bid or tender is received.

(6) If the board selling the property obtains the approval of the

Minister, subsections (2) to (5) do not apply where the sale is to

(

a) another board,

(

b) a municipality,

(

c) a community association,

(

d) a charitable or non-profit organization,

(

e) the Crown in right of Canada or its agent, or

(

f) the Crown in right of Alberta or its agent.

(7) Subsections (3) to (5) do not apply to

(

a) a sale of a teacherage by a board if the board selling the

teacherage obtains the prior approval of the Minister for a

procedure for selling the teacherage that is different from that

set out in this section, or

(

b) a sale of a property to which an agreement under

section

197(

b) of the Act applies if the board selling its interest in the

property obtains the prior approval of the Minister for a

procedure for selling the property that is different from that

set out in this section.

(8) If a board offers real property for sale in accordance with

subsections (3) to (5) but does not receive a reasonable bid or tender,

the board may, with the prior approval of the Minister, list the property

with a real estate agent.

Sale of real property

10(1) If a board sells real property,

(

a) the board must repay all the outstanding debt relating to that

real property, and

(

b) any proceeds remaining from the sale of the real property

must be divided into 2 amounts so that

(

i) one amount bears the same ratio to the remaining

proceeds as the Government contribution bears to the

total amount of the project for which that contribution

was made, and

(ii) the other amount bears the same ratio to the remaining

proceeds as the contribution by the board bears to the

total amount of the project for which that board's

contribution was made.

(2) The remaining proceeds referred to in subsection (1)(

b) that are

attributable

(

a) to the Government contribution under subsection (1)(b)(

i) are

to be retained by the board and, together with the interest

earned, applied only

(

i) to the cost of a future school building project approved

by the Minister, or

(ii) to the current operations and maintenance of existing

buildings with the prior approval of the Minister,

and

(

b) to the board under subsection (1)(b)(ii) may be applied only

(

i) to a future capital expenditure, or

(ii) to the current operations and maintenance of existing

buildings with the prior approval of the Minister.

Transfer of real property

11(1) If, with the approval of the Minister, a board agrees to transfer

to another board ownership of real property on which a school building

is located,

(

a) the amount payable to the transferring board must bear the

same ratio to the current independent appraisal of the market

value of the land, together with the depreciated value of the

school building as set out in the board's most recent audited

financial statements, as the contribution by the transferring

board bears to the total amount of the project for which that

board's contribution was made, and

(

b) it is not necessary for the transferring board to repay any

outstanding debt on the school building.

(2) The amount payable under subsection (1)(

a) is to be paid by the

Government but if the board that is receiving the real property has any

school building capital reserves, those reserves must be used to pay the

amount payable under subsection (1)(

a) and the shortfall, if any, is to

be paid by the Government.

Part 3

Repeal, Expiry and Coming

into Force

Repeal

12 The Disposition of Property Regulation (AR 3/2001) is repealed.

Expiry

13 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 July 31, 2018.

Coming into force

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

sections 4 to 11 of the Municipal Government Amendment Act, 2008

(No. 2).

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Alberta Regulation 182/2010

Apprenticeship and Industry Training Act

CRANE AND HOISTING EQUIPMENT OPERATOR TRADE

AMENDMENT REGULATION

Filed: November 4, 2010

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

Board on October 1, 2010 and approved by the Minister of Advanced Education and

Technology on October 26, 2010 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act.

1 The Crane and Hoisting Equipment Operator Trade

Regulation (AR 272/2000) is amended by this Regulation.

Section 20.1 is repealed.

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

Alberta Regulation 183/2010

Apprenticeship and Industry Training Act

WATER WELL DRILLER TRADE AMENDMENT REGULATION

Filed: November 4, 2010

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

Board on October 1, 2010 and approved by the Minister of Advanced Education and

Technology on October 26, 2010 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act.

1 The Water Well Driller Trade Regulation (AR 310/2000) is

amended by this Regulation.

Section 3 is amended by adding the following after

clause (a):

(a.1) completing and grouting a bore hole;

Section 9 is amended by striking out "August 31, 2011"

and substituting "August 31, 2018".

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

Alberta Regulation 184/2010

Marketing of Agricultural Products Act

ALBERTA BEEF PRODUCERS AUTHORIZATION (LEVY) REGULATION

Filed: November 4, 2010

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

on October 27, 2010 and approved by the Minister of Agriculture and Rural

Development on November 1, 2010 pursuant to

section 26 of the Marketing of

Agricultural Products Act.

Definitions

1(1) In this Regulation,

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

(b) "Plan" means the Alberta Beef Producers Plan Regulation

(AR 286/2009).

(2) Words used in this Regulation have the same meaning as they do

in the Act and the Plan.

Levies

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

the Commission is hereby authorized under

section 26(1) of the Act to

make regulations

(

a) providing for the assessment, charging and collection of

levies from producers from time to time for the purposes of

the Plan;

(

b) providing for the taking of legal action to enforce payment of

the levies;

(

c) requiring any person who receives a regulated product from a

producer

(

i) to deduct from the money payable to the producer any

levies payable by the producer to the Commission, and

(ii) to forward the amount deducted to the Commission;

(

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

payable under the Canada Act.

Authority expires

3 The authority to make a regulation in respect of the matters referred

to in

section 2 and any regulation made under that authority expire on

March 31, 2013.

Expiry

4 This Regulation expires on March 31, 2013.

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

Alberta Regulation 185/2010

Municipal Government Act

NEWELL REGIONAL SERVICES CORPORATION REGULATION

Filed: November 4, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 383/2010)

on November 4, 2010 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

Definitions

2 Application of Act

3 Exemption from Public Utilities Act

4 Dispute resolution

5 Provision of extra-provincial services

6 Repeal

7 Expiry

8 Coming into force

Definitions

1 In this Regulation,

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

(b) "public utility" means a system or works used to provide the

following for public consumption, benefit, convenience or

use:

(

i) water;

(ii) sewage disposal.

Application of Act

2(1) Subject to subsection (2), sections 43 to 47 of the Act apply in

respect of a utility service provided by Newell Regional Services

Corporation.

(2) Section 45(3)(

b) of the Act does not apply in respect of a public

utility owned or operated by Newell Regional Services Corporation.

Exemption from Public Utilities Act

Part 2 of the Public Utilities Act does not apply in respect of a

public utility that

(

a) is owned or operated by Newell Regional Services

Corporation, and

(

b) provides a utility service within the boundaries of a

municipality that is a shareholder of Newell Regional

Services Corporation.

Dispute resolution

4 If there is a dispute between a regional services commission and

Newell Regional Services Corporation with respect to

(

a) rates, tolls or charges for a service that is a public utility,

(

b) compensation for the acquisition by the commission of

facilities used to provide a service that is a public utility, or

(

c) the commission's use of any road, square, bridge, subway or

watercourse to provide a service that is a public utility,

any party involved in the dispute may submit it to the Alberta Utilities

Commission, and the Alberta Utilities Commission may issue an order

considers appropriate.

Provision of extra-provincial services

5 Newell Regional Services Corporation shall not provide any utility

services outside of Alberta without the prior written approval of the

Minister.

Repeal

6 The Newell Regional Services Corporation Regulation

(AR 236/2008) is repealed.

Expiry

7 This Regulation is made under

section 603(1) of the Act and is

subject to repeal under

section 603(2) of the Act.

Coming into force

8 This Regulation comes into force on December 1, 2010.

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

Alberta Regulation 186/2010

Marketing of Agricultural Products Act

ALBERTA PULSE GROWERS MARKETING PLAN

AMENDMENT REGULATION

Filed: November 4, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 387/2010)

on November 4, 2010 pursuant to

section 23 of the Marketing of Agricultural

Products Act.

1 The Alberta Pulse Growers Marketing Plan Regulation

(AR 120/99) is amended by this Regulation.

Section 33(1) is repealed and the following is

substituted:

Removal from office

33(1) The Commission may, on a motion passed by 9 out of the 12

commissioners at a special or regular Commission meeting, remove

a commissioner from office if the commissioner fails to abide by any

of the Commission's policies.

Alberta Regulation 187/2010

Municipal Government Act

COMMUNITY AGGREGATE PAYMENT LEVY

AMENDMENT REGULATION

Filed: November 8, 2010

For information only: Made by the Minister of Municipal Affairs (M.O. L:234/10)

on October 28, 2010 pursuant to

section 409.3 of the Municipal Government Act.

1 The Community Aggregate Payment Levy Regulation

(AR 263/2005) is amended by this Regulation.

Section 10 is amended by striking out "December 31, 2010"

and substituting "December 31, 2015".

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

Alberta Regulation 188/2010

Surface Rights Act

SURFACE RIGHTS ACT GENERAL AMENDMENT REGULATION

Filed: November 9, 2010

For information only: Made by the Minister of Sustainable Resource Development

(M.O. 37/2010) on October 27, 2010 pursuant to

section 41 of the Surface Rights Act.

1 The Surface Rights Act General Regulation

(AR 195/2007) is amended by this Regulation.

Section 5 is amended

(

a) in subsection (3) by adding "or permit" after "licence";

(

b) by adding the following after subsection (5):

(6) Where an application for a right of entry order pertains to a

coal mine, the application must be accompanied by a copy of the

licence granted by the Energy Resources Conservation Board

under the Coal Conservation Act.

Section 6 is repealed and the following is substituted:

Plan required with application

6 An application for a right of entry order must be accompanied by

a plan of survey prepared by an Alberta land surveyor and affixed

with his or her signature or stamp showing the location, dimensions

and acreage of the land required coloured or outlined in red, except

that where the land required is for a pipeline, power transmission

line or telephone line, the location, dimensions and acreage of land

must be coloured or outlined in green.

4 Sections 7, 8 and 10 are repealed.

Section 11 is amended

(

a) in subsection (2)

(

i) in clause (

a) by adding "currently" after

"respondent";

(ii) in clause (

b) by adding "currently" after

"respondents";

(

b) by repealing subsection (4).

Section 13 is repealed.

Section 16 is amended by striking out "November 30, 2010"

and substituting "November 30, 2015".

8 Schedules 1 to 3 are repealed and the following are

substituted:

Schedule 1

Surface Rights Act

(Section 15)

APPLICATION FOR RIGHT OF ENTRY

1 Land Description: (Insert short legal land description, including

Certificate of Title number, if applicable)

2 Applicant: (Insert name as it appears on the approval, permit or

licence)

3 Respondents:

(

a) Owner(

s) in whose name a certificate of title to the land is

issued under the Land Titles Act:

Name: (as it appears on

Certificate of Title)

Address: (as it appears on

Certificate of Title)

Other Address(es):

(if applicable)

(

b) Owner(

s) if no certificate of title to the land is issued:

Name: (the Crown or other

body administering the land)

Address:

Other Address(es):

(if applicable)

(

c) Occupant(

s) other than the owner who is (are) in actual

possession of the land:

Name:

Address:

(

d) Occupant(

s) on a certificate of title under the Land Titles Act

as having an interest in the land:

Name: (as it appears

on Certificate of Title)

Address: (as it appears

on Certificate of Title)

Other Address(es):

(if applicable)

Registration

No.:

(

e) Occupant(s): an operator granted right of entry in respect of

the land pursuant to a right of entry order:

Name: (the operator as it

appears on the current

right of entry order)

Current

Address:

Registration No.:

(if applicable)

Right of Entry

Order No.:

(

f) Occupant: in the case of Crown land, a person shown on the

records of the department or other body administering the

land as having an interest in the land:

Name:

Address on Record:

Other Address(es): (if

applicable)

4 The Applicant has the right to apply to the Surface Rights Board for

a right of entry order by:

Approval/Permit/Licence No.:

Date:

Issued By:

5 This application is for a right of entry order in respect of the surface

of the land above described as outlined or coloured in the prescribed

colour on the attached certified plan (if applicable).

6 The total area applied for on this application is _____ acres and the

area has been approved by __________ (insert approving authority).

7 The Applicant requires the land for the following purpose(s): (from

applicable

section of the Surface Rights Act)

8 The Applicant has made a written offer to the Respondent(s)

_________________ on _______ and has been unable to reach an

agreement for the acquisition of the required interest in the surface of

the land with the Respondent(s) ____________ for the following

reason(s):

9 The Applicant requires immediate right of entry.

10 The Applicant's address for service is:

Dated ___________________

Signature of Applicant/Agent

at ______________, Alberta

TO The Surface Rights Board

(give full address of the Board)

Schedule 2

Surface Rights Act

(Section 15(4))

NOTICE TO RESPONDENTS

TAKE NOTICE that an application in the form attached has been

made to the Surface Rights Board pursuant to the Surface Rights Act

for a right of entry order;

The Board may issue the order applied for after 14 CLEAR DAYS

from the date of service of this Notice and without any further notice to

you;

If you wish to object to the Board issuing an order granting right of

entry, you may do so in writing, including reasons for the objection, to

the Board at:

Insert full address of the Board

Surface Rights Board File No.

Schedule 3

Surface Rights Act

(Section 15(4))

LETTER OF CONSENT TO RIGHT OF ENTRY ORDER

(A separate Letter of Consent is required for each Respondent consenting)

Surface Rights Board File No. ____________________

I, (Name of Respondent) , being a Respondent in the Application for

right of entry

1 Have received a copy of the filed

Schedule 1 Application and filed

Schedule 2 Notice to Respondents.

2 Consent to an order issued by the Surface Rights Board granting

right of entry in accordance with the application.

3 Understand that signing this Letter of Consent does not affect my

right to compensation.

Dated _________________ at ______________________, Alberta.

________________________

Signature of witness Signature (Seal) of Respondent

________________________

Printed name of witness

________________________

Address of witness