Alberta Gazette — 15 April 2016 (Part II)

15 April 2016

Alberta — Gazette

Alberta Gazette — 15 April 2016 (Part II)

15 April 2016

Alberta — Gazette

Alberta Regulation 30/2016

Forests Act

TIMBER

(2016) AMENDMENT REGULATION

Filed: March 16, 2016

For information only: Made by the Minister of Agriculture and Forestry

(M.O. 002/2016) on March 7, 2016 pursuant to

section 5 of the Forests Act.

1 The Timber Regulation (AR 404/92) is amended by this

Regulation.

2 Sections 3, 4 and 5 are expressly repealed.

3 The

Schedule is amended by sections 4 to 11.

4 Form 1 is amended

(

a) by adding the following on the line following

"Form 1":

(This Form may also be cited as Form TM 1)

(

b) by striking out "of Sustainable Resource Development"

and substituting "of Agriculture and Forestry";

(

c) by striking out "TMO No.";

(

d) by striking out "4th and 5th Copies - Forest

Superintendent".

5 Form 4 is amended

(

a) by adding the following on the line following

"Form 4":

(This Form may also be cited as Form TM 6)

(

b) by adding "of Seizure" after "Notice".

6 Form 5 is amended by adding "Timber Return" on the

line following "Form 5".

7 Form 7 is amended

(

a) by adding the following on the line following

"Form 7":

(This Form may also be cited as Form TM 11)

(

b) by striking out "4th Copy - Forest Superintendent".

8 Form 10 is repealed and the Form set out in the

Schedule

to this Regulation is substituted.

9 Form 14 is amended by adding "or Tree Cutting Permit"

after "TM 66".

10 Form 17 is repealed.

11 The Schedule, as amended by sections 4 to 10, is

amended

(

a) by striking out "ENVIRONMENT AND

SUSTAINABLE RESOURCE DEVELOPMENT"

wherever it occurs and substituting

"AGRICULTURE AND FORESTRY";

(

b) by striking out "Environment and Sustainable

Resource Development" wherever it occurs and

substituting "Agriculture and Forestry".

Schedule to this Regulation

Form 10

(This Form may also be cited

as Form TM 32 or 32s)

Alberta Regulation 31/2016

Marketing of Agricultural Products Act

ALBERTA ELK COMMISSION AMENDMENT REGULATION

Filed: March 17, 2016

For information only: Made by the Alberta Elk Commission on November 4, 2015

and approved by the Alberta Agricultural Products Marketing Council on November

13, 2015 pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Elk Commission Regulation (AR 256/2002) is

amended by this Regulation.

Section 2(2) is amended by striking out "$195" and

substituting "up to $395".

Section 3(2) is amended by striking out "$4.00" and

substituting "$8.00".

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

Alberta Regulation 32/2016

Companies Act

COMPANIES AMENDMENT REGULATION

Filed: March 18, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 064/2016)

on March 18, 2016 pursuant to sections 160 and 307 of the Companies Act.

1 The Companies Regulation (AR 119/2000) is amended by

this Regulation.

Section 14 is repealed.

Alberta Regulation 33/2016

Government Organization Act

RECORDS MANAGEMENT AMENDMENT REGULATION

Filed: March 18, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 066/2016)

on March 18, 2016 pursuant to

Schedule 11,

section 14 of the Government

Organization Act.

1 The Records Management Regulation (AR 224/2001) is

amended by this Regulation.

Section 13 is amended by striking out "2016" and

substituting "2017".

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

Alberta Regulation 34/2016

Fisheries (Alberta) Act

GENERAL FISHERIES (ALBERTA)

(2016) AMENDMENT REGULATION

Filed: March 18, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 067/2016)

on March 18, 2016 pursuant to

section 43 of the Fisheries (Alberta) Act.

1 The General Fisheries (Alberta) Regulation (AR 203/97) is

amended by this Regulation.

Section 1(1) is amended

(

a) by repealing clauses (a), (

c) and (d);

(

b) in clause (

e) by striking out "of Fisheries Management"

and substituting "responsible for fisheries management";

(

c) by repealing clauses (

f) and (h);

(

d) in clause (

k) by adding "(AR 220/97)" before "under";

(

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

(k.1) "non-resident Canadian" means an individual who is a

resident of Canada and who makes that individual's

home and is ordinarily present in a province or territory

of Canada other than Alberta;

(k.2) "non-resident of Canada" means an individual who is

not a resident of Canada;

(

f) by repealing clause (l);

(

g) in clause (m)(

i) by striking out "a person" and

substituting "an individual";

(

h) by repealing clause (

o) and substituting the

following:

(o.1) "take", used with reference to fish, includes catch and,

used with reference to invasive organisms, includes

collect;

(

i) by repealing clause (r).

Section 2 is amended

(

a) in clause (

a) by repealing subclause (

i) and

substituting the following:

(

i) sportfishing licence:

(

A) for a resident of Alberta;

(

B) with a term that expires on March 31 following the

date of its issue for a non-resident Canadian;

(

C) with a term of 7 days for a non-resident Canadian;

(

D) with a term of one day for a non-resident

Canadian;

(

E) with a term that expires on March 31 following the

date of its issue for a non-resident of Canada;

(

F) with a term of 7 days for a non-resident of Canada;

(

G) with a term of one day for a non-resident of

Canada;

(

b) by repealing clause (e)(iv);

(

c) by repealing clause (

f) and substituting the

following:

(f.1) aquatic species import licence;

(

d) in clause (

g) by striking out "fish";

(

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

(

l) invasive species possession licence.

Section 3 is repealed and the following is substituted:

3(1) The Minister may not include terms or conditions in a

licence that authorizes fishing or research involving fish or

invasive species except (whether generally or specifically) terms

or conditions dealing with all or any of the following, as

applicable:

(

a) the species and kinds of fish or invasive organisms and

the quantities, sizes and weights of them that are

allowed to be taken or possessed;

(

b) when, where and how fishing or the collection of

invasive organisms is allowed to be carried on;

(

c) subject to sections 10(1) and 11.02(1) of the Act and

section 41 of this Regulation, who may conduct

activities pursuant to the licence;

(

d) the types and quantity of fishing gear and equipment,

including the mesh size of nets, if applicable, that may

be used and how they may be used;

(

e) the methods, types and quantity of gear and equipment

that may be used to take invasive organisms and how

they may be used;

(

f) how taken, kept or possessed fish or invasive organisms

are to be held, displayed and disposed of or marked and

transported;

(

g) how scientific and taken data are to be reported;

(

h) whether the fish or invasive organisms may be

(

i) bought, or

(ii) sold,

and, if so, how;

(

i) how a licence holder may be required to report activities

already undertaken or proposed activities;

(

j) the term of the licence.

(2) The Minister may not include terms or conditions in a fish

culture licence except terms or conditions dealing with all or any

of the following:

(

a) the species and kinds of fish, including matters relating

to their size, life stage, genetic make-up and strain, that

may be kept under the authority of the licence;

(

b) the size and shape of the receptacle and the volume of

the water in which the fish may be kept;

(

c) the lining and construction of a reservoir or receptacle

in which the fish may be kept, including the

maintenance and repair of any works or undertakings;

(

d) the methods of screening, constructing and maintaining

the outflow from a reservoir or receptacle in which the

fish are kept;

(

e) the treatment and disposal of water and fish from any

facility;

(

f) the care, feeding and prophylactic treatment of fish and

the care and prophylactic treatment of water and

equipment, including water and equipment used in

transporting fish, under the licence;

(

g) the testing for and control of any parasite, disease and

infestation;

(

h) the reporting of information and submission of records;

(

i) the original water bodies and facilities outside Alberta

from which fish may be removed and then imported;

(

j) the manner in which fish are handled before they are

loaded for transportation, transported and handled after

transportation, and the treatment and disposal of water

that has been used for the transportation;

(

k) the operation of fish culture premises;

(

l) the term of the licence.

(3) The Minister may not include terms or conditions in an

that

(

a) deal with matters contained in subsection (1)(

a) to (

j) and are capable of applying to an invasive species

possession licence, and

(

b) albeit that they apply to a fish culture licence and fish,

deal with matters contained in subsection (2)(

a) to (

j) but are also capable of being applied with respect to an

invasive species possession licence and invasive

species.

(4) The Minister may not include terms or conditions in an

import licence except terms or conditions dealing with all or any

of the following:

(

a) the species and kinds of fish and invasive organisms and

the size, life stage, genetic make-up and strain of them,

that may be imported under the licence;

(

b) the size and shape of the container and the volume of

the water in which the organisms may be transported

and held;

(

c) the lining and construction of the container in which the

organisms may be transported and held, including the

maintenance and repair of any works or equipment;

(

d) the methods of screening, constructing, converting and

maintaining the container in which the organisms being

imported are to be transported and held;

(

e) the treatment and disposal of subject water and of the

organisms;

(

f) the care, feeding and prophylactic treatment of the

organisms and the care and prophylactic treatment of

water and equipment, including subject water and

equipment used in transporting the organisms;

(

g) the testing for and control of any parasite, disease and

infestation;

(

h) the reporting of information and submission of records;

(

i) the original water bodies and facilities outside Alberta

from which the organisms may be removed and then

imported;

(

j) the manner in which the organisms are handled before

they are loaded for transportation, transported and

handled after transportation and the disposal of subject

water used in transporting the organisms;

(

k) the term of the licence.

(5) The Minister may not include terms or conditions in a fish

stocking licence except terms or conditions dealing with all or

any of the following:

(

a) the possession of cultured fish, including the source of

the fish, and transportation to the location where they

may be stocked;

(

b) where and when cultured fish may be stocked;

(

c) the person authorized to transport and stock the cultured

fish;

(

d) the number of cultured fish of a species to be stocked at

any location;

(

e) the reporting of cultured fish stocking activities and the

submission of records;

(

f) the species and kinds of fish, including matters relating

to their size, life stage, genetic make-up and strain, that

may be stocked;

(

g) the manner in which fish are handled before they are

loaded for transportation, transported and handled after

transportation, and the treatment and disposal of water

that has been used for the transportation;

(

h) the term of the licence.

(6) The Minister may not include terms or conditions in a

competitive fishing event licence except on the following matters

in relation to what is authorized or required, as the case may be,

under the licence:

(

a) who may conduct the authorized activities;

(

b) the species of fish and the quantities and, if applicable,

sizes of fish that may be taken by competitive fishing

event participants;

(

c) when, where and how fishing may and may not be

carried out by competitive fishing event participants;

(

d) the type and quantity of fishing gear and equipment and

the types of bait that may and may not be used and how

they may and may not be used;

(

e) practices relating to fish handling, injured, stressed and

dead fish and inclement weather conditions;

(

f) the handling and possession of live fish;

(

g) where and how live fish must be released;

(

h) the type, quantity and location of fish handling

facilities;

(

i) the size, shape and construction of any receptacle, and

the volume, flow and quality of water, in which live fish

must be kept, during the holding, transportation and

handling of fish;

(

j) the collection and reporting of information about

(

i) fish mortality,

(ii) fish taken,

(iii) competitive fishing matters, and

(iv) the event itself;

(

k) methods by which event organizers may be identified

and contacted;

(

l) the recording of individuals as competitive fishing event

participants and the issuing to them of instruments, and

the completion of acknowledgments, referred to in

section 5(6);

(

m) fishing by persons referred to in

section 19.3(1);

(

n) the term of the licence.

Section 4(2)(

c) is amended by striking out "is not or is not

to be the term" and substituting "does not or is not to expire on the

date".

Section 5(1) is amended by adding "and in

section 5.1" after

"this section".

7 The following is added after

section 5:

Authority to conduct activities under a licence

5.1(1) A person who is not the licence holder shall not conduct

any activity pursuant to a licence unless that person

(

a) is the person who is identified in the instrument under

section 5(1.1) or (6), as the case may be, or

(

b) is specifically authorized to do so by or under the Act or

this Regulation.

(2) The holder of a licence shall not allow the licence to be used

by another person in a manner that involves a contravention of

subsection (1).

Section 7(2)(

a) is amended by striking out "and" and

substituting "or".

Section 9 is amended

(

a) by repealing subsection (1);

(

b) in subsection (2)

(

i) by adding "licence" before "holder";

(ii) in clause (

a) by adding "the" before "regulations";

(iii) by repealing clause (

b) and substituting the

following:

(

b) a term or condition set in accordance with

section

3(1)(

h) specifically authorizes the sale of those

fish, if the fish are sold,

(

i) if and only if the licence is a research licence,

as live fish, or

(ii) in the case of any licence, subject to any

restrictions imposed by that licence, as dead

fish.

(

c) by repealing subsection (3);

(

d) in subsection (4)

(

i) in clause (

a) by striking out "caught" and

substituting "taken";

(ii) in clause (

b) by striking out "referred to in

section

34(6)".

Section 10(1) is amended

(

a) in clause (

e) by striking out "a person while engaging in

sportfishing on the following" and substituting "any

person sportfishing on the following day or";

(

b) in clause (f)

(

i) by striking out "a person while engaging in" and

substituting "any person";

(ii) by adding "or any or all of those days" after

"preceding Alberta Family Day".

Section 11 is amended

(

a) by striking out "and" and substituting "or";

(

b) by adding "shall not sell the fish taken while sportfishing or

otherwise engage in sportfishing for commercial purposes,

but" after "(2)".

Section 15(3) is amended

(

a) in clause (

a) by adding "or apply for one while holding

another" after "licence";

(

b) in clause (

b) by striking out "the person has caught"

and substituting "has been taken".

Section 16(1) is amended

(

a) by striking out "No person shall retain a sturgeon that the

person has caught" and substituting "Without limiting the

application of

section 15(3)(b), a person shall not retain a

sturgeon that has been taken";

(

b) in clause (

a) by striking out "caught" and

substituting "taken".

Section 19(3)(c)(ii) is amended by striking out "caught"

and substituting "taken".

15 The following is added after

section 19:

Fishing-related restrictions

19.05(1) The criteria prescribed for the purpose of

section

11(2)(

d) of the Act are that the fish were not taken from water

vested in the Crown in right of Alberta.

(2) A person shall not be in possession of fish to which

subsection (1) applies but that were taken from water vested in

the Crown in right of Alberta.

Section 19.3(3) is amended by striking out "entitled to the

defence set out in

section 34(3.2) of the Act" and substituting "not

guilty of the offence established by subsection (2) if he or she

of the licence".

17 The following is added after

section 22:

Sale of fish taken under commercial licence

22.1 To the extent that a licence referred to in any of sections 20,

21 and 22 authorizes fishing, that licence is to be taken as

authorizing its holder to sell the fish lawfully taken under that

licence.

Section 24 is amended

(

a) in subsection (1) by striking out "salvaging" and

substituting "taking and retaining";

(

b) by repealing subsection (2) and substituting the

following:

(1.1) If the Director or a person designated by the Director is

of the opinion that fish pose an ecological concern or that their

continued presence is not in the public interest, the Minister

may issue a salvage fishing licence to a resident of Canada for

the purpose of taking and retaining those fish.

(1.2) Fish retained under a licence issued under subsection

(1.1) must be disposed of in accordance with any conditions of

the licence that are applicable to their disposition.

(2) A person shall not apply for or hold more than one salvage

fishing licence issued or to be issued under subsection

(1) during the period from April 1 in one year to March 31 in the

next.

(

c) in subsection (3)

(

i) by adding "licence" before "holder";

(ii) by adding "and in accordance with the conditions"

after "manner".

Section 25 is amended

(

a) in subsection (1) by adding ", other than a Metis

domestic fishing licence," after "licence";

(

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

(1.1) A Metis domestic fishing licence may be issued

(

a) to a settlement member who satisfies the Minister

that he or she is resident in a settlement area, or

(

b) to an individual who satisfies the Minister that he

or she is a recognized Metis harvester under the

current version of a document entitled M‚tis

Harvesting in Alberta issued by the Department

and accessible on the Department's website.

(1.2) A Metis domestic fishing licence

(

a) issued under subsection (1.1)(

a) may be used only

for the purpose of fishing in accordance with, and

subject to the restrictions imposed by,

Part 5 of the

Metis Settlements Act, or

(

b) issued under subsection (1.1)(

b) may be used only

for the purpose of providing food for

(

i) the licence holder and members of his or her

family living with him or her, and

(ii) animals owned by the licence holder or by

members of his or her family living with him

or her.

(1.3) The eligibility criteria in subsection (1.1)(

a) and the

entitlements and restrictions in subsection (1.2)(

a) are to be

construed using the

interpretation criteria expressed in and

underlying the Metis Settlements Act.

(

c) in subsection (2) by adding "or (1.2)(

a) or (b), as the

case may be" after "(1)";

(

d) in subsection (3) by striking out "catch" and

substituting "take";

(

e) by adding the following after subsection (3):

(4) The document referred to in subsection (1.1)(

b) is to be

treated as incorporated by reference in this Regulation.

Section 27 is amended

(

a) in subsection (1) by striking out "acquire, propagate,

rear and keep those cultured fish and their live eggs" and

substituting "acquire and keep those cultured fish";

(

b) in subsection (4)(

a) by striking out "acquire, propagate,

rear and keep those cultured fish and their live eggs" and

substituting "acquire and keep those cultured fish".

Section 29(2.1) is amended by striking out "fish research"

and substituting "research".

Section 30 is amended by striking out "In accordance with

section 8 of the Act, no person shall possess live freshwater-dwelling"

and substituting "A person shall not possess live".

Section 31(1) is amended by striking out ", in Alberta,".

Section 33(1) is amended by striking out "prescribed" and

substituting "specific source".

Section 36 is amended by striking out "fish import" and

substituting "aquatic species import".

Section 37 is amended

(

a) in clause (

a) by striking out "dispose of the fish or fish

eggs in that manner" and substituting "sell the fish or fish

eggs in accordance with

section 27(2)(c), (3)(

c) or (4)(b), as

the case may be";

(

b) by repealing clause (

d) and substituting the

following:

(

d) a research licence holder and the research licence under

which the fish are held authorizes the transfer of the

fish.

Section 38 is amended by adding "(SOR/88-258)" after

"Regulations".

Section 39 is amended by striking out "public water" and

substituting "water vested in the Crown in right of Alberta".

Section 40 is amended by striking out "fish research" and

substituting "research".

30 The following is added after

section 40:

Aquatic species import licence

40.1(1) An aquatic species import licence may be issued under

section 12(1) of the Act to a person to import live cultured fish

referred to in

section 36 provided that they are to be immediately

transported to a location identified in

section 36(

a) or (b).

(2) An aquatic species import licence may be issued to allow

the importation of invasive organisms the possession of which is

prohibited by

section 11.02(1) of the Act without a licence if

(

a) the importation is for the purposes of research or

education,

(

b) the applicant submits a written plan describing the

purposes of the importation,

(

c) the plan referred to in clause (

b) has been approved by

the Director or a person designated by the Director, and

(

d) a licence has been issued prior to the importation that

authorizes the possession of the invasive organisms at a

specific location in Alberta.

31 The heading before

section 41 is amended by striking

out "Fish".

Section 41 is amended

(

a) by repealing subsection (1) and substituting the

following:

Research licence

41(1) A research licence authorizes the licence holder

(

a) to fish or collect invasive organisms,

(

b) to possess live fish or invasive organisms live or

dead if the licence specifically authorizes it, in

accordance with the conditions stated in the

licence, and

(

c) to carry out any other activities allowed by terms

or conditions established under

section 3(1)(

h) in

the licence.

(

b) in subsection (2) by striking out "fish".

Section 42 is repealed.

34 The heading before

section 43 is repealed.

35 Sections 43, 44, 45, 46 and 47 are repealed.

36 The following is added after

section 47:

Invasive Species Possession Licence

Invasive species possession licence

47.1(1) The Minister or a person authorized by the Minister may

issue an invasive species possession licence to a person

(

a) whose possession of an invasive organism would, but for the

holding of that licence, constitute a contravention of

section

11.02(1) of the Act, and

(

b) who reported to the Director the fact of the contravention, or

what would be such a contravention, as soon as the person

became aware of the facts underlying that contravention or

would be contravention.

(2) An invasive species possession licence authorizes its holder to

possess the specific invasive organism referred to in subsection (1).

(3) An invasive species possession licence may be issued only once

to a person referred to in subsection (1) and is not renewable.

37 Sections 48, 49 and 50 are repealed.

Section 51 is amended

(

a) by renumbering it as

section 51(1);

(

b) in subsection (1)

(

i) by striking out "No person shall bring into Alberta

any fish intended for human consumption that were

caught" and substituting "With the exception of fish

previously purchased by the Corporation, a person shall

not import into Alberta any fish intended for human

consumption that were taken";

(ii) in clause (

a) by striking out "container that is

labelled in accordance with

section 47" and

substituting "receptacle that is labelled in accordance

with subsection (2)";

(

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

(2) A receptacle required by subsection (1)(

a) must be clearly

marked at both ends

(

a) with the lake of origin of the fish,

(

b) with the common name of the fish,

(

c) with the net weight of the fish in the receptacle,

(

d) with the day, month and year the fish were packed,

(

e) with the name and address of the person, other than the

person referred to in subsection (1), by or for whom the

fish is produced or packed or by whom it is distributed,

and

(

f) in the case of whitefish, in accordance with the Fish

Inspection Regulations (C.R.C., c.802) under the Fish

Inspection Act (Canada).

(3) A person shall not mark a receptacle required by subsection

(1)(

a) in a manner that the person knows is false, misleading or

deceptive.

Section 52 is amended

(

a) by repealing subsection (1) and substituting the

following:

Fish unfit for human consumption

52(1) A person shall not process, transport or conduct any

transaction dealing with fish that is intended for human

consumption if

(

a) that fish has a rancid, abnormal, offensive or

objectionable odour or flavour or a textural defect

associated with spoilage, or

(

b) an executive officer or inspector under the Public

Health Act or an inspector of the Corporation has

communicated his or her opinion that that fish is

unfit for human consumption.

(

b) in subsection (2) by striking out "containers" and

substituting "receptacles".

Section 53(2)(

b) is amended by striking out "been

comminuted" and substituting "had their flesh ground to a fine

uniform consistency".

Section 57(2) is amended

(

a) by repealing clause (a);

(

b) in clause (

b) by striking out "caught" and

substituting "taken".

Section 58 is amended

(

a) in subsection (1)(

c) by adding "notwithstanding clauses

(

a) and (b)," before "within";

(

b) in subsection (1.1) by striking out "catching" and

substituting "taking";

(

c) in subsection (2) by striking out "direct" and

substituting "order";

(

d) by repealing subsection (3).

Section 59(1) is amended by striking out ", in Alberta,".

Section 60 is amended

(

a) by striking out "caught" wherever it occurs and

substituting "taken";

(

b) in subsection (1)

(

i) by striking out "vehicle, aircraft or boat" and

substituting "conveyance";

(ii) in clause (b.1) by striking out "fish import" and

substituting "aquatic species import";

(iii) by repealing clause (

c) and substituting the

following:

(

c) there is a bill of lading or invoice attached to the

outside of the receptacle in which the fish are

transported.

45 The

Part 3 heading is amended by striking out

"Repeals, Expiry and Coming into Force" and substituting

"Expiry".

Section 61 is expressly repealed.

Section 62 is amended by striking out "October 31, 2016"

and substituting "October 31, 2026".

Section 63 is expressly repealed.

49 The following provisions are amended by striking out

"licensee" and substituting "licence holder":

section 4(1);

section 6;

section 13;

section 15(1);

section 16(1)(a);

section 21(1);

section 22;

section 27(1), (2), (3) and (4);

section 31(a), (b), (

c) and (d);

section 34(1) and (2);

section 37 wherever it occurs;

section 60(1)(

a) wherever it occurs.

50(1) The following provisions come into force on April 1,

2016:

section 2(c), to the extent that it repeals

section 1(1)(

h) of

that Regulation;

section 2(i);

section 3(b), (

c) and (d);

section 4;

section 9(c);

section 10;

section 21;

section 25;

section 26(b);

section 29;

section 30;

section 31;

section 32;

section 34;

section 35;

section 37.

(2) Sections 2(

e) and 3(

a) come into force on March 16,

(3) Section 41(

a) comes into force on April 1, 2017.

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

Alberta Regulation 35/2016

Public Lands Act

PUBLIC LANDS ADMINISTRATION (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: March 21, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 068/2016)

on March 18, 2016 jointly with the Minister of Environment and Parks on February

11, 2016 pursuant to sections 8, 9, 9.1, 71.1, 108, 119, 28(2), 43(2), 62.1(2) and

104(4) of the Public Lands Act.

1 The Public Lands Administration Regulation

(AR 187/2011) is amended by this Regulation.

Section 245 is amended by striking out "March 31, 2016"

and substituting "March 31, 2017".

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

Alberta Regulation 36/2016

Marketing of Agricultural Products Act

ALBERTA PORK PRODUCERS' PLAN AMENDMENT REGULATION

Filed: March 23, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 070/2016)

on March 23, 2016 pursuant to

section 23 of the Marketing of Agricultural Products

Act.

1 The Alberta Pork Producers' Plan Regulation

(AR 219/2001) is amended by this Regulation.

Section 29(3) is amended by striking out "one year" and

substituting "18 months".

Section 43.2 is repealed.

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

Alberta Regulation 37/2016

Marketing of Agricultural Products Act

BISON PRODUCERS OF ALBERTA PLAN REPEAL REGULATION

Filed: March 23, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 071/2016)

on March 23, 2016 pursuant to

section 23 of the Marketing of Agricultural Products

Act.

1 The Bison Producers of Alberta Plan Regulation

(AR 167/2000) is repealed.

Alberta Regulation 38/2016

Government Organization Act

FINANCE GRANT AMENDMENT REGULATION

Filed: March 23, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 072/2016)

on March 23, 2016 pursuant to

section 13 of the Government Organization Act.

1 The Finance Grant Regulation (AR 217/2008) is amended

by this Regulation.

Section 13 is repealed.

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

Alberta Regulation 39/2016

Insurance Act

INSURANCE ACT REGULATIONS AMENDMENT REGULATION

Filed: March 23, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 073/2016)

on March 23, 2016 pursuant to sections 60, 106, 123, 432, 450, 498, 511, 548, 573,

597, 694, 790 and 801.1 of the Insurance Act.

1 The Automobile Accident Insurance Benefits

Regulations (AR 352/72) are amended in

section 5 by

striking out "September 30, 2016" and substituting "September

30, 2018".

2 The Enforcement and Administration Regulation

(AR 129/2001) is amended in

section 8 by striking out

"April 30, 2016" and substituting "April 30, 2018".

3 The Fair Practices Regulation (AR 128/2001) is amended

section 6 by striking out "April 30, 2016" and substituting

"April 30, 2018".

4 The Insurance Councils Regulation (AR 126/2001) is

amended in

section 37 by striking out "April 30, 2016" and

substituting "April 30, 2018".

5 The Minor Injury Regulation (AR 123/2004) is amended in

section 19 by striking out "September 30, 2016" and

substituting "September 30, 2018".

6 The Provincial Companies Regulation (AR 124/2001) is

amended in

section 30 by striking out "April 30, 2016" and

substituting "April 30, 2018".

7 The Reciprocal Insurance Exchange Regulation

(AR 123/2001) is amended in

section 5 by striking out

"April 30, 2016" and substituting "April 30, 2018".

8 The Recovery of Administration Costs Regulation

(AR 199/2009) is amended in

section 5 by striking out

"April 30, 2016" and substituting "April 30, 2018".

9 The Replacement of Life Insurance Contracts Regulation

(AR 127/2001) is amended in

section 13 by striking out

"April 30, 2016" and substituting "April 30, 2018".

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

Alberta Regulation 40/2016

Corrections Act

CORRECTIONAL INSTITUTION AMENDMENT REGULATION

Filed: March 23, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 074/2016)

on March 23, 2016 pursuant to

section 33 of the Corrections Act.

1 The Correctional Institution Regulation (AR 205/2001) is

amended by this Regulation.

2 The heading to

Part 4 is repealed and the following is

substituted:

Part 4

Transitional Provisions and Repeals

Section 62 is repealed.

Alberta Regulation 41/2016

Guarantees Acknowledgment Act

GUARANTEES ACKNOWLEDGMENT FORMS

AMENDMENT REGULATION

Filed: March 23, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 075/2016)

on March 23, 2016 pursuant to

section 7 of the Guarantees Acknowledgment Act.

1 The Guarantees Acknowledgment Forms Regulation

(AR 66/2003) is amended by this Regulation.

2 The

Schedule is repealed and the following is

substituted:

Schedule

Form

Guarantees Acknowledgment Act

(Section 3)

CERTIFICATE

I HEREBY CERTIFY THAT:

1 (guarantor's name) , the guarantor in the guarantee

dated made between __________ and __________, which this

certificate is attached to or noted on, appeared in person before me and

acknowledged that he/she had executed the guarantee.

2 I satisfied myself by examination of the guarantor that he/she is

aware of the contents of the guarantee and understands it.

CERTIFIED by (print name) , Lawyer at the _______ of ________,

at (Municipality, Province/State, Country) this _____ day of ______ ,

20__.

Signature

STATEMENT OF GUARANTOR

I am the person named in this certificate.

________________________

Signature of Guarantor

Alberta Regulation 42/2016

Government Organization Act

CALGARY RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Filed: March 23, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 076/2016)

on March 23, 2016 pursuant to

Schedule 5,

section 4 of the Government Organization

Act.

1 The Calgary Restricted Development Area Regulations

(AR 212/76) are amended by this Regulation.

Schedule A is amended by adding the following before

"TOWNSHIP 23, RANGE 28, WEST OF THE FOURTH

MERIDIAN":

TOWNSHIP 23, RANGE 2, WEST OF THE FIFTH MERIDIAN

Sections 1, - Plan 151 0028, Plan and Field Notes of Survey

12, 13, 24, 25, of Road

26, 35 and 36

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

Alberta Regulation 43/2016

Government Organization Act

EDMONTON RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Filed: March 23, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 077/2016)

on March 23, 2016 pursuant to

Schedule 5,

section 4 of the Government Organization

Act.

1 The Edmonton Restricted Development Area Regulations

(AR 287/74) are amended by this Regulation.

2 Item 1 of the Schedule, describing land located in

Township 53, Range 25, West of the Fourth Meridian, is

amended by striking out

SECTION 35: Plans 882 1697 and 882 2071 showing survey for

descriptive purposes of a right-of-way for a

Transportation/Utility Corridor; Plans 772 1070

and 772 1071 within the northwest quarter of

section 35; EXCEPTING THEREOUT Plans

012 6293, 122 4335 and 132 0797.

and substituting

SECTION 35: Plans 882 1697 and 882 2071 showing survey for

descriptive purposes of a right-of-way for a

Transportation/Utility Corridor; Plans 772 1070

and 772 1071 within the northwest quarter of

section 35; EXCEPTING THEREOUT Plans

012 6293, 122 4335, 132 0797 and 132 4993.

3 Item 8 of the Schedule, describing land located in

Township 51, Range 23, West of the Fourth Meridian, is

amended by striking out

SECTION 32: Plans 892 0346 and 892 0406 showing survey for

descriptive purposes of a right-of-way for a

Transportation/Utility Corridor; Lot 2 of Plan

812 0416; All that area northwest of Plan

892 0406 within the southeast quarter of

section

32; All that area northwest of Plan 892 0346

within the southwest quarter of

section 32.

and substituting

SECTION 32: Plans 892 0346 and 892 0406 showing survey for

descriptive purposes of a right-of-way for a

Transportation/Utility Corridor; Lot 2 of Plan

812 0416; All that area northwest of Plan

892 0406 within the southeast quarter of

section

32; All that area northwest of Plan 892 0346

within the southwest quarter of

section 32;

EXCEPTING THEREOUT Plan 152 0036.

4 Item 10 of the Schedule, describing land located in

Township 51, Range 25, West of the Fourth Meridian, is

amended by striking out

SECTIONS Plan 882 2894 showing survey for descriptive

25 & 26: purposes of a right-of-way for a

Transportation/Utility Corridor; All that area of

Block 3 of Plan 822 0275 northwest of Plan

882 2894 within the northeast quarter of

section

25; Plans 052 5764 and 052 5117; EXCEPTING

THEREOUT Plans 942 1206, 002 0909, 022 6075,

072 1202, 072 2548 and 112 1554.

and substituting

SECTIONS Plan 882 2894 showing survey for descriptive

25 & 26: purposes of a right-of-way for a

Transportation/Utility Corridor; All that area of

Block 3 of Plan 822 0275 northwest of Plan

882 2894 within the northeast quarter of

section

25; Plans 052 5764 and 052 5117; EXCEPTING

THEREOUT Plans 942 1206, 002 0909, 022 6075,

072 1202, 072 2548, 112 1554 and 152 1453.

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

Alberta Regulation 44/2016

Emergency Health Services Act

EMERGENCY HEALTH SERVICES REGULATIONS

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: March 29, 2016

For information only: Made by the Minister of Health (M.O. 05/2016) on March 29,

2016 pursuant to

section 48 of the Emergency Health Services Act.

1 The Emergency Health Services (Interim) Regulation

(AR 76/2009) is amended in

section 21 by striking out

"March 31, 2016" and substituting "March 31, 2018".

2 The Licensing and Ambulance Maintenance Regulation

(AR 46/99) is amended in

section 24 by striking out "March

31, 2016" and substituting "March 31, 2018".

3 The Staff, Vehicle and Equipment Regulation (AR 45/99)

is amended in

section 21 by striking out "March 31, 2016" and

substituting "March 31, 2018".

Alberta Regulation 45/2016

Fisheries (Alberta) Act

FISHERIES (MINISTERIAL, 2016) AMENDMENT REGULATION

Filed: March 31, 2016

For information only: Made by the Minister of Environment and Parks (M.O.

10/2016) on March 24, 2016 pursuant to

section 44 of the Fisheries (Alberta) Act.

1 The Fisheries (Ministerial) Regulation (AR 220/97) is

amended by sections 2 to 13 of this Regulation.

Section 1 is amended

(

a) by repealing subsection (1) and substituting the

following:

Interpretation for Regulation purposes

1(1) In this Regulation, "Department" means the Minister's

department.

(

b) in subsection (2) by striking out ", if any,".

Section 2(1) is amended

(

a) by renumbering clause (

a) as clause (a.01);

(

b) by adding the following before clause (a.01):

(a) "bait" means organisms, alive or dead, intended for use

as a fish attractant when attached to a hook or line used

for angling, except that "bait fish" means the species of

fish set out in

Schedule 3;

(

c) in clause (a.2) by repealing subclause (ii) and

substituting the following:

(ii) has 26 or more competitive fishing event participants

with prizes being awarded;

(

d) in clause (b)

(

i) in subclause (

i) by striking out "which" and

substituting "of a type that";

(ii) in subclause (ii)(

C) by striking out "contained

waters" and substituting "water";

(

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

(c.05) "fish handling facilities" means, in relation to a

competitive fishing event, the places other than in a boat

where fish kept for the purposes of the event are or will

be temporarily held or handled and any gloves, nets,

chutes, surfaces or equipment used in handling or

conveying the fish;

(

f) by repealing clause (d);

(

g) in clause (

f) by striking out "Government of Alberta,

Department of Environment and Sustainable Resource

Development in Edmonton, Alberta" and substituting

"Department in Edmonton, Alberta and published on the

Department's website for inspection by the public";

(

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

(g) "specific source waters" means water bodies (including

contained waters) each of which

(

i) has as its source of water a municipal water

supply, a well, surface runoff or a source approved

in writing by the Director or an accredited official

on behalf of an irrigation district, and

(ii) is completely surrounded by

(

A) privately owned land,

(

B) land within a Metis settlement, or

(

C) other land that is not public land under the

Public Lands Act but that is under the

administration of the Minister responsible for

that Act.

Section 2 is further amended by adding the following

after subsection (2):

(3) For the purposes of the Act and sections 40 and 42 of the

Fisheries (Alberta) Amendment Act, 2015, the "prescribed waters"

terminology is changed to "specific source waters".

5 The following is added after

section 2:

Importation, sale and possession of Amphibia as bait

2.1 A person shall not

(

a) import into Alberta,

(

b) sell, or

(

c) possess

any organisms of the class Amphibia for use as bait.

Disposal of unused bait

2.2 A person shall not dispose of unused bait

(

a) in a body of water, or

(

b) on land that lies within 50 metres of any body of water

except in a waste disposal receptacle that is regularly

serviced.

Subject water entry into water body

2.3 A person shall not allow subject water to enter a body of water

unless

(

a) the subject water derives from premises covered by a fish

culture or a research licence that has conditions attached that

specifically address the disposal of the subject water from

those premises and the disposal occurs in accordance with

those conditions, or

(

b) the subject water derives from a conveyance or non-licensed

premises where the water has first been treated in a manner

approved by the Director.

Release of non-invasive species fish

2.4 A person who catches a fish that is not an invasive species fish

may release the fish back into the waters from which it was taken.

Section 5 is repealed.

Section 6 is amended

(

a) in subsection (1) by striking out "under sections 19(1)

and 20(1)" and substituting "as an individual under

section 19 or 20 respectively";

(

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

(1.1) The identification for a watercraft inspector appointed by

the Minister as an individual under

section 20.1(1) of the Act is a

copy of that appointment.

(

c) in subsection (2) by striking out "19(2)" wherever it

occurs and substituting "19.1";

(

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

(3) The identification for a fishery officer, fishery guardian or

watercraft inspector appointed as part of a class of individuals by

the Minister under

section 19, 20 or 20.1(1) respectively of the

Act is

(

a) a copy of the appointment, or

(

b) an identification card provided by the employer of that

official that identifies the official as holding a position

that is part of that appointed class.

8 The following is added after

section 6:

Transportation of watercraft

6.1 A person shall not transport an item of watercraft on a highway

by means of a conveyance if the watercraft has a drainage hole in the

lower hull or bilge that is blocked with a plug.

Reporting of aquatic invasive organisms

6.2(1) Subject to subsection (2), a person who finds an organism

living in a wild state that is an invasive organism shall report that

finding to the Department within 14 days after the finding in

accordance with this section.

(2) Subsection (1) does not apply where

(

a) the Department has issued a statement on its internet website

that specific invasive organisms have been identified and

recorded in its records as existing at a specified location or at

specified locations, and

(

b) the finder establishes to the satisfaction of the Director that

the invasive organism referred to in subsection (1) is exactly

of a kind that is included in that statement and was found at

that location or at any of those specified locations.

(3) A report under subsection (1) is made either

(

a) by calling telephone number 1-855-336-2628 and providing

details of the finding, or

(

b) by attending an office of the Department that is responsible

for issuing licences and providing details of that finding.

Section 7 is amended by striking out "October 31, 2016"

and substituting "October 31, 2026".

Section 8 is expressly repealed.

Schedule 1 is amended

(

a) in Item No. 1

(

i) in clause (

a) by striking out "resident of Canada"

and substituting "individual resident of Alberta

(referred to in

section 1(1)(m)(

i) of General Fisheries

(Alberta) Regulation (AR 203/97))";

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

(a.1) non-resident Canadian (annual) 1.50

(a.2) non-resident Canadian (7 days) 1.50

(a.3) non-resident Canadian (1 day) 1.50

(iii) in clause (

c) by striking out "(5 days)" and

substituting "(7 days)";

(

b) by repealing sub-item (

d) of Item 3;

(

c) by repealing Item No. 4;

(

d) in Item No. 5 by striking out "Fish research" and

substituting "Research";

(

e) by adding the following after Item No. 6:

6.1 Aquatic species import licence $0

(

f) by adding the following after Item No. 9:

10 Invasive species possession licence $0

Schedule 2 is amended

(

a) in

section 1

(

i) in Category 1 by adding the following after

clause (d):

(

e) Tilapia Genus Tilapia

(ii) in Category 2 by repealing clauses (

f) and (i);

(

b) in

section 3 by adding the following after

subsection (2):

(2.1) Tilapia may be possessed as cultured fish only in

contained waters.

Section 2(3), as incorporated into the Fisheries

(Ministerial Regulation (AR 220/97) by

section 4 of the

Fisheries (Ministerial, 2016) Amendment Regulation, is

repealed immediately following its commencement.

14 Subitem 19 of Item 1 of the

Schedule to the Act is

amended by striking out "meias" and substituting "melas".

15(1) The following come into force on April 1, 2016:

(

a) section 2(

a) to the extent that it repeals

section

1(1)(

b) of the Regulation being amended;

(

b) section 3(c);

(

c) section 6;

(

d) section 11(b), (c), (

d) and (e);

(

e) section 12.

(2) Section 11(

a) comes into force on March 16, 2017.

(3) Section 3(

b) and

section 5, to the extent that

section 5

inserts new sections 2.1 and 2.2 into the Regulation being

amended, come into force on April 1, 2017.

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

Alberta Regulation 46/2016

Persons with Developmental Disabilities Services Act

PERSONS WITH DEVELOPMENTAL DISABILITIES SAFETY

STANDARDS REPEAL REGULATION

Filed: March 31, 2016

For information only: Made by the Minister of Human Services (M.O. 2016-05) on

March 30, 2016 pursuant to

section 23 of the Persons with Developmental Disabilities

Services Act.

1 The Persons With Developmental Disabilities Safety

Standards Regulation (AR 229/2013) is repealed.

2 This Regulation comes into force on March 31, 2016.

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

Alberta Regulation 47/2016

Apprenticeship and Industry Training Act

RESIDENTIAL CONSTRUCTION SITE MANAGER OCCUPATION

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: March 31, 2016

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

Board on March 31, 2016 and approved by the Minister of Advanced Education on

March 31, 2016 pursuant to

section 37(2) of the Apprenticeship and Industry Training

Act.

1 The Residential Construction Site Manager Occupation

Regulation (AR 173/2011) is amended by this Regulation.

Section 4 is amended by striking out "March 31, 2016" and

substituting "March 31, 2021".

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

Alberta Regulation 48/2016

Apprenticeship and Industry Training Act

BRICKLAYER TRADE AMENDMENT REGULATION

Filed: March 31, 2016

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

Board on March 31, 2016 and approved by the Minister of Advanced Education on

March 31, 2016 pursuant to

section 33(2) of the Apprenticeship and Industry Training

Act.

1 The Bricklayer Trade Regulation (AR 265/2000) is

amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (b);

(

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

(c.1) "masonry" includes the following:

(

i) all types of bricks;

(ii) all types of blocks;

(iii) all types of stone, including cut and dressed stone;

(iv) structural tiles;

(

v) precast concrete components;

(vi) mortars;

(vii) waterproofing and damp-proofing materials;

(viii) refractory systems and materials;

(ix) prefabricated panels constructed of any materials

referred to in subclauses (

i) to (vii).

Section 2 is repealed and the following is substituted:

Constitution of the trade

2 The undertakings that constitute the trade are the erection,

installation, repair and maintenance of masonry.

Section 3 is amended by adding the following after

clause (f):

(

g) laying masonry;

(

h) installing anchoring systems;

(

i) placing steel reinforcing and grouts in cavities or cores;

(

j) pointing and cleaning masonry;

(

k) lining or relining chimneys, ovens, boilers and other vessels;

(

l) lining or relining combustion chambers in fireplaces,

furnaces and kilns;

(

m) installing and caulking precast concrete products and

prefabricated masonry panels;

(

n) installing insulation, waterproofing and damp-proofing

materials and air-vapour barriers.

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

Alberta Regulation 49/2016

Safety Codes Act

SAFETY CODES (PERSONS WITH DEVELOPMENTAL DISABILITIES

RESIDENCES) EXEMPTION AMENDMENT ORDER

Filed: March 31, 2016

For information only: Made by the Minister of Municipal Affairs (M.O. P:005/16)

on March 31, 2016 pursuant to

section 2(2) of the Safety Codes Act.

1 The Safety Codes (Persons with Developmental

Disabilities Residences) Exemption Order (AR 155/2015) is

amended by this Order.

Section 1 is amended

(

a) by repealing subsection (1)(e)(

i) and substituting

the following:

(

i) a building or unit in a building that is intended for

permanent residential living where a service provider

provides or arranges for services in order to assist an

adult with developmental disabilities to live as

independently as possible, whether or not the service

provider owns or leases the building or unit, and

(

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

(h) "service provider" means a service provider as defined

in the Persons with Developmental Disabilities Services

Act;

(

c) by repealing subsection (4) and substituting the

following:

(4) Subsections (2) and (3) do not apply to a residence in which

a person

(

a) is, as a part of the person's service plan, locked in the

residence in such a way that the person cannot egress

without assistance from the staff of the residence, or

(

b) is dependent on the staff of the residence as the person's

only means of egress in the event of a fire.

Section 2 is amended by striking out "March 31, 2016" and

substituting "December 30, 2016".

Document details

CollectionAlberta — Gazette
Citation15 April 2016
Typegazette
Volume / chapter07 Apr15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifier1026710f82c09660ddf23b664e8468d4b8031a1e

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