Alberta Gazette — 30 June 2017 (Part II)
30 June 2017
Alberta — Gazette
Alberta Regulation 101/2017
School Act
SCHOOL FEES AND COSTS REGULATION
Filed: June 5, 2017
For information only: Made by the Minister of Education (M.O. 036/2017) on June
5, 2017 pursuant to sections 39.1, 30 and 39 of the School Act, jointly with the
Lieutenant Governor in Council.
Table of Contents
Definitions
2 Charter schools exemptions
3 Charges for resources related
to instruction
4 Restrictions on fees and costs generally
5 Board policies on fees and costs
6 Fee
schedule
7 Submissions to the Minister
8 Collection and use statement
9 Publication of reviewed policies
and fee
schedule
10 New fees and costs and increases
11 Refund and sanctions for contraventions
12 Transitional
13 Expiry
14 Coming into force
Definitions
1 In this Regulation,
(a) "board policies" means the policies referred to in
section
5(1);
(b) "proposed fee schedule" means the fee
schedule referred to
section 6;
(c) "reviewed board policies" means those policies as currently
reviewed under
section 7;
(d) "reviewed fee schedule" means that fee
schedule as currently
reviewed under
section 7.
Charter schools exemptions
2 In accordance with an order in council made under
section 36 of the
Act, charter schools are exempt from the operation of sections 3, 4,
7(2), 10 and 11.
Charges for resources related
to instruction
3(1) A board may charge a student's parent any fees or costs for
resources related to instruction, subject to the prohibitions and
restrictions contained in the Act and this Regulation.
(2) A board shall not charge any fees or costs for textbooks,
workbooks or photocopying, printing or paper supplies.
Restrictions on fees and costs generally
4 A board shall not charge any fee or cost
(
a) that is not set out in the board's reviewed fee schedule,
(
b) that exceeds the amount set out in the board's reviewed fee
schedule,
(
c) that exceeds the amount that the board estimates to be the
projected cost of providing for the subject matter of the
charge, or
(
d) that is not clearly expressed in the reviewed fee
schedule to
connect to specific goods or a specific service or learning
experience that is calculated to benefit students.
Board policies on fees and costs
5(1) A board shall establish, maintain and implement policies
respecting the fees and costs it proposes to charge.
(2) The board policies must include
(
a) a requirement to consult with parents before the board sets,
increases or decreases any fee or cost,
(
b) a requirement to demonstrate to parents the need to charge
any fee or cost, including the amounts,
(
c) the circumstances under which any fee or cost may be
waived or refunded,
(
d) the process a parent has to follow to request that a fee or cost
be waived or refunded,
(
e) a process designed to ensure that the staff of each school and
the parents of students enrolled in that school are notified of
the circumstances under which a fee or cost may be waived
or refunded and of the procedures for requesting that a fee or
cost be waived or refunded, as the case may be, and
(
f) with respect to fees and costs,
(
i) processes designed to enable the resolution of disputes
and concerns between parents and the board, and
(ii) any other requirements directed in writing by the
Minister.
Fee
schedule
6 A board shall establish a
schedule of fees and costs, in the form, if
any, required by the Minister, listing each type of fee or cost, with its
amount, that may be charged in the following school year, with the
corresponding type and amount of fee or cost contained in the
currently reviewed fee schedule.
Submissions to the Minister
7(1) A board shall provide to the Minister, together with the budget
that is to be submitted under
section 147(2)(
b) of the Act, copies of its
board policies and proposed fee
schedule for the Minister's review.
(2) If the proposed fee
schedule includes any fee or cost
(
a) not set out in the board's currently reviewed fee schedule, or
(
b) that is proposed to be increased by an amount that exceeds
5% of the fee or cost set out in the board's currently reviewed
fee schedule,
the new fee or cost or the increase in the fee or cost, as the case may
be, shall not be charged unless approved in writing by the Minister.
(3) Subsection (2) does not apply with respect to any fee or cost
(
a) referred to in
section 60(2)(
h) of the Act, or
(
b) related to non-curricular travel.
Collection and use statement
8 A board shall provide to the Minister, annually before November
30, a statement, in the form, if any, required by the Minister, that
demonstrates that the fees and costs collected by it have been spent for
the purposes for which they were collected.
Publication of reviewed policies and fee
schedule
9 A board shall publish its reviewed board policies and reviewed fee
schedule on its website or in such other written manner as the board
considers will enable parents and the public to examine them fully.
New fees and costs and increases
10(1) In deciding under
section 7(2) whether or not to approve a new
fee or cost or an increase in a fee or cost , the Minister shall take into
account
(
a) whether the board has demonstrated that it has complied with
its applicable policies under
section 5, and
(
b) whether the proposed new fee or cost or increase is
reasonable and otherwise justified.
(2) Section 124(1.1) of the Act does not apply with respect to a new
fee or cost or an increase in a fee
schedule item that has been approved
by the Minister under
section 7(2).
Refund and sanctions for contraventions
11 If, in the opinion of the Minister, a board has contravened
section
7(2), the Minister may direct the board to refund any overpayment in
fees or costs that has been made and may, after considering all the
relevant circumstances, impose upon the board whatever penalty or
sanction the Minister considers appropriate and commensurate with the
level of the contravention.
Transitional
12 In applying
section 7(2) for the 2017-2018 school year, the
reference to the board's currently reviewed fee
schedule is to be taken
as a reference to the applicable fee or cost or its nearest equivalent
charged in the 2016-2017 school year.
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 August 31, 2019.
Coming into force
14 This Regulation comes into force on the commencement of An
Act to Reduce School Fees.
--------------------------------
Alberta Regulation 102/2017
School Act
SCHOOL TRANSPORTATION REGULATION
Filed: June 5, 2017
For information only: Made by the Minister of Education (M.O. 037/2017) on June
5, 2017 pursuant to sections 51, 39.1, 30 and 39 of the School Act, jointly with the
Lieutenant Governor in Council.
Table of Contents
Definitions
2 Charter schools exemptions
3 Minimum distance from school
4 Special education program outside attendance area
5 Student residing outside areas
6 Transportation fees
7 Transportation fee amount limitations
8 Board policies on transportation fees
9 Transportation fee
schedule
10 Submissions to the Minister
11 Collection and use statement
12 Publication of reviewed policies
and approved fee
schedule
13 New fees and increases
14 Refund and sanctions for contraventions
15 Early childhood services charges
to child under 6
16 Transitional
17 Repeal
18 Coming into force
Definitions
1 In this Regulation,
(a) "attendance area" means an attendance area established
under
section 13(2) of the Act;
(b) "board policies" means the policies referred to in
section
8(1);
(c) "proposed fee schedule" means the transportation fee
schedule referred to in
section 9;
(d) "reviewed board policies" means those policies as currently
reviewed under
section 10;
(e) "reviewed fee schedule" means that fee
schedule as currently
reviewed under
section 10;
(f) "school" includes the site of the applicable school;
(g) "transportation fee" means a fee referred to in
section 6(1).
Charter schools exemptions
2 In accordance with an order in council made under
section 36 of the
Act, charter schools are exempt from the operation of sections 4, 5,
6(3), (4) and (5), 10(2), 13, 14 and 15(3).
Minimum distance from school
3 The distance from the school referred to in
section 51(1)(
a) of the
Act is 2.4 kilometres or more.
Special education program outside attendance area
4 If a student is entitled to access to a special education program
under
section 47 of the Act but does not reside in the attendance area
for any school that provides a special education program that is
suitable for the student, the board of which the student is a resident
student shall provide for the transportation of the student to and from
the school that provides the special education program in which the
board places the student.
Student residing outside areas
5(1) In this section, "transportation service area" means the area
surrounding a school in which a board establishes school bus routes on
which students may be transported to and from the school.
(2) If a student is enrolled in a school pursuant to
section 45(3) of the
Act but does not reside in the attendance area or the transportation
service area for that school, the student or the parent of the student
shall provide for the transportation of the student
(
a) to and from the school, or
(
b) to and from a designated stop on a school bus route in the
transportation service area for that school.
(3) If a student or the parent of a student chooses to provide
transportation in accordance with subsection (2)(b), the board that
enrolled the student in the school shall provide for the transportation of
the student between the school and the designated stop nearest to the
student's residence on a school bus route in the transportation service
area for that school.
(4) Subsection (3) does not apply unless there is a seat available for
the student on the school bus after the students referred to in
section
51(1) of the Act are accommodated on that school bus.
Transportation fees
6(1) Subject to this section, a board may charge fees payable by the
parent of a student for transportation provided to the student by the
board.
(2) A board shall not charge any transportation fee
(
a) that is not set out in the board's reviewed fee schedule, or
(
b) that exceeds the amount set out in the board's reviewed fee
schedule.
(3) A board shall not charge any transportation fee
(
a) subject to subsection (5), in respect of transportation that a
board is required to provide to a student
(
i) by
section 51(1) of the Act, or
(ii) by
section 4 of this Regulation,
(
b) in respect of a student who falls within a group of students
with disabilities whose transportation is provided for on a
specific route only for students with disabilities who are
unable, because of the severity of their disabilities, to use
regular transportation services, as determined by the board.
(4) A student who is directed by the board, on account of that board's
determination that the student's enrolment in schools in the attendance
area in which the student resides would exceed their attendance
capacity, to attend a school that is 2.4 kilometres or more away from
the student's residence and in another attendance area, is to be treated
for the purposes of this
section as if that student were one to whom
subsection (3)(a)(
i) applied.
(5) If a board decides to meet its obligations to provide for
transportation under
section 51(1) of the Act and
section 5 of this
Regulation through the use of a municipal transit pass, the board shall
ensure that the net cost of that pass to the student's parent does not
exceed the difference between the actual cost of the pass and the
funding rate for the transportation of that student under the Education
Grants Regulation (AR 120/2008).
Transportation fee amount limitations
7(1) Subject to
section 10(2), a transportation fee charged respecting
the transportation of a student
(
a) who is eligible for funding under the Education Grants
Regulation (AR 120/2008) must not exceed the average
difference per student between
(
i) the estimated costs to the board of transporting those
students whose parent may be charged the
transportation fee under
section 6, and
(ii) the funding received by the board under the Education
Grants Regulation (AR 120/2008) in respect of the
transportation of those students,
and
(
b) who is not eligible for funding under the Education Grants
Regulation (AR 120/2008) must not exceed the estimated
average cost per student to the board for transporting those
students whose parent may be charged the transportation fee
under
section 6.
(2) Subsection (1) does not apply to a transportation fee agreed to by
the board and the parent of a student for the enhanced pick-up or drop-
off location of the student.
(3) Any surplus from transportation fees charged under subsection
(1) must be used to subsidize the cost of transportation of students referred
to in that subsection in the 2 school years following the school year in
which the surplus was collected.
Board policies on transportation fees
8(1) A board shall establish, maintain and implement policies
respecting the transportation of students and the transportation fees it
proposes to charge.
(2) The board policies must include
(
a) a requirement to demonstrate to parents the need to charge
any transportation fee, including its amount,
(
b) the circumstances under which any transportation fee may be
waived or refunded,
(
c) the process a parent has to follow to request that a
transportation fee be waived or refunded,
(
d) a process designed to ensure that the staff of each school and
the parents of students enrolled in that school are notified of
the circumstances under which a transportation fee may be
waived or refunded and of the procedures for requesting that
a transportation fee be waived or refunded, as the case may
be, and
(
e) with respect to the transportation of students and
transportation fees,
(
i) processes designed to enable the resolution of disputes
and concerns between parents and the board, and
(ii) any other requirements directed in writing by the
Minister.
Transportation fee
schedule
9 A board shall establish a
schedule of transportation fees, in the
form, if any, required by the Minister, listing each type of
transportation fee, with its amount, that may be charged in the
following school year, with the corresponding type and amount of
transportation fee contained in the current reviewed fee schedule.
Submissions to the Minister
10(1) A board shall provide to the Minister, together with the budget
that is to be submitted under
section 147(2)(
b) of the Act, copies of its
board policies and proposed fee
schedule for the Minister's review.
(2) If the proposed fee
schedule includes any fee
(
a) not set out in the board's currently reviewed fee schedule, or
(
b) that is proposed to be increased by an amount that exceeds
5% of the fee set out in the board's currently reviewed fee
schedule,
the new fee or the increase in the fee, as the case may be, shall not be
charged unless approved in writing by the Minister.
Collection and use statement
11 A board shall provide to the Minister, annually before November
30, a statement, in the form, if any, required by the Minister, that
demonstrates that the transportation fees collected by it have been
spent for the purposes for which they were collected.
Publication of reviewed policies
and approved fee
schedule
12 A board shall publish its reviewed board policies and reviewed
fee
schedule on its website or in such other written manner as the
board considers will enable parents and the public to examine them
fully.
New fees and increases
13(1) In deciding under
section 10(2) whether or not to approve a new
fee or an increase in a fee, the Minister shall take into account
(
a) whether the board has demonstrated that it has complied with
its applicable policies under
section 8, and
(
b) whether the proposed new fee or increase is reasonable and
otherwise justified.
(2) Section 124(1.1) of the Act does not apply with respect to a new
fee or increase in a transportation fee
schedule item that has been
approved by the Minister under
section 10(2).
Refund and sanctions for contraventions
14 If, in the opinion of the Minister, a board has contravened
section
10(2), the Minister may direct the board to refund any overpayment in
fees that has been made and may, after considering all the relevant
circumstances, impose upon the board whatever penalty or sanction the
Minister considers appropriate and commensurate with the level of the
alleged contravention.
Early childhood services charges
to child under 6
15(1) In this section,
(a) "board" means a board that, and to the extent that it, provides
an early childhood services program to children;
(b) "child" means a child referred to in
section 30(2.1) of the
Act.
(2) Subject to this section, a board may charge fees for transportation
in the amounts set by that board to a child's parent.
(3) A board may not charge a fee for the transportation of a child who
is eligible for transportation funding under the Education Grants
Regulation (AR 120/2008).
(4) A fee charged for the transportation of a child who is not eligible
for transportation funding under the Education Grants Regulation
(AR 120/2008) must not exceed the amount estimated by the board to
be the average cost to the board per child for transporting all children
who are not so eligible.
(5) Subsections (3) and (4) do not apply to a fee agreed to by the
board and the parent of a child for the enhanced pick-up or drop-off
location of the child.
(6) Any surplus from transportation fees charged under subsection
(4) must be used by the board to subsidize the cost of transportation of
children referred to in that subsection in the 2 school years following
the school year in which the surplus was collected.
(7) Subject to
section 2, sections 6(2), 8 to 14 and 16 apply with
respect to a board and children, but otherwise this Regulation does not
apply.
Transitional
16 In applying
section 10(2) for the 2017-2018 school year, the
reference to the currently reviewed fee
schedule is to be taken as a
reference to the applicable fee or its nearest equivalent charged in the
2016-2017 school year.
Repeal
17 The Student Transportation Regulation (AR 250/98) is repealed.
Coming into force
18 This Regulation comes into force on the commencement of
An Act to Reduce School Fees.
Alberta Regulation 103/2017
Insurance Act
TRANSITIONAL (INSURANCE AMENDMENT ACT,
2008 -
PART 5) AMENDMENT REGULATION
Filed: June 6, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 195/2017)
on June 6, 2017 pursuant to
section 750 of the Insurance Act.
1 The Transitional (Insurance Amendment Act, 2008 -
Part 5) Regulation (AR 185/2011) is amended by this
Regulation.
Section 4 is repealed.
--------------------------------
Alberta Regulation 104/2017
Family and Community Support Services Act
FAMILY AND COMMUNITY SUPPORT SERVICES
AMENDMENT REGULATION
Filed: June 6, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 197/2017)
on June 6, 2017 pursuant to
section 7 of the Family and Community Support Services
Act.
1 The Family and Community Support Services Regulation
(AR 218/94) is amended by this Regulation.
2 Sections 6.1(
b) and 6.2(
b) are amended by striking out
"Canadian Institute of Chartered Accountants" and substituting
"Chartered Professional Accountants of Canada".
Section 13 is amended by striking out "June 30, 2017" and
substituting "June 30, 2022".
Alberta Regulation 105/2017
Oil and Gas Conservation Act
ORPHAN FUND DELEGATED ADMINISTRATION
AMENDMENT REGULATION
Filed: June 7, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 198/2017)
on June 7, 2017 pursuant to
section 77 of the Oil and Gas Conservation Act.
1 The Orphan Fund Delegated Administration Regulation
(AR 45/2001) is amended by this Regulation.
Section 4 is repealed and the following is substituted:
Agreements
4(1) The Association may enter into agreements with the Regulator,
the Crown in right of Alberta, the Crown in right of Canada or any
person for any reason related to exercising and carrying out its
delegated powers, duties and functions.
(2) For greater certainty, the agreements referred to in subsection
(1) may include loan or other borrowing agreements entered into for the
purposes of carrying out the Association's delegated powers, duties
and functions.
Section 11 is amended by striking out "April 1, 2019" and
substituting "April 1, 2021".
--------------------------------
Alberta Regulation 106/2017
Agricultural Operation Practices Act
AGRICULTURAL OPERATION PRACTICES ACT
ADMINISTRATIVE PROCEDURES REGULATION
Filed: June 13, 2017
For information only: Made by the Natural Resources Conservation Board on June
13, 2017 pursuant to
section 44(3) of the Agricultural Operation Practices Act.
Table of Contents
Interpretation
Part 1
Permit Applications
2 Approval, registration application
3 Authorization application
4 Additional information
5 Notice of application
6 Withdrawal of application
7 Copy of permit application
8 Application for directly affected party status
and submission by directly affected party
9 Approval officer amendment
10 Change of ownership
11 Deemed permit
12 Cancellation of permit
Part 2
Board Reviews
13 Application or request for Board review
14 Application or request for review of directly
affected party determination
15 Deadline for filing application or request
for Board review
16 Notice of Board hearing
17 Notice to attend hearing
18 Evidence
19 Direct evidence
20 Public access to hearings
21 Experts assisting the Board
22 Oath or affirmation
23 Examination of witness
24 Written hearings
25 Confidentiality of evidence
26 On-site visit
27 Board directions
28 Revisions to document
29 Failure to comply with Regulation
30 Variation of procedures
Part 3
General
31 Notice
32 Filings
33 Filing of additional material
34 Affidavits
35 Confidentiality of complainant
36 Identification of inspectors and approval officers
Part 4
Transitional Provisions and Repeal
37 Transitional matters
38 Repeal
Interpretation
1(1) In this Regulation,
(a) "Act" means the Agricultural Operation Practices Act;
(b) "Board" means the chair of the Board and members
appointed under the Natural Resources Conservation Board
Act, or a panel of members designated by the chair;
(c) "Crown" means Her Majesty the Queen in right of Alberta;
(d) "document" includes films, photographs, charts, maps,
graphs, plans, surveys, books of account, transcripts and
video and audio recordings;
(e) "electronic hearing" means a hearing conducted by
conference telephone call or other electronic means where
each participant is able to hear and respond to the comments
of the other participants at the time the comments are made;
(f) "hearing" means a process conducted by the Board to decide
any matter relating to a review, other than whether to grant a
request or application for review;
(g) "land surveyor" means an Alberta land surveyor as defined in
the Land Surveyors Act;
(h) "NRCB" means either the Board, or an approval officer or
inspector, as appropriate;
(i) "oral hearing" means a hearing at which the participants
attend in person before the Board;
(j) "permit" means either an approval, registration or
authorization or an amendment to an approval, registration or
authorization under the Act;
(k) "professional engineer" means a professional engineer under
the Engineering and Geoscience Professions Act;
(l) "representative" means the agent or solicitor of a person;
(m) "written hearing" means a hearing held by means of an
exchange of documents whether in physical or electronic
form.
(2) In this Regulation a reference to an application for an approval,
registration or authorization includes an application for an amendment
of an approval, registration or authorization.
Part 1
Permit Applications
Approval, registration application
2(1) An application for an approval or for a registration must be made
in 2 parts and filed with and in a form satisfactory to an approval
officer.
(2) Unless otherwise authorized by an approval officer,
Part 1 of an
application for an approval or registration must contain the following:
(
a) the name, address and telephone number and the fax number
and e-mail address, if any, of the applicant;
(
b) the numbers, category and type of livestock that will be at the
confined feeding operation;
(
c) the legal description of the land on which the confined
feeding operation is located;
(
d) any other information required by an approval officer.
(3) Part 2 of an application for an approval or registration must be
filed within 6 months of the filing of Part of 1 of the application and
unless otherwise authorized by an approval officer, must contain the
following:
(
a) construction plans for one or more of the following:
(
i) manure storage facilities;
(ii) manure collection areas;
(iii) surface water control systems;
(
b) hydrogeological assessments as required by an approval
officer;
(
c) a soils investigation as required by an approval officer;
(
d) a site plan showing the location of all
(
i) water bodies,
(ii) water wells,
(iii) property lines,
(iv) barns, corrals and pens,
(
v) manure storage facilities and manure collection areas,
and
(vi) surface water control systems, if required by an
approval officer;
(
e) an area plan to scale showing
(
i) legal land locations of the proposed development and
immediately surrounding properties,
(ii) roadways,
(iii) property lines,
(iv) distances between the confined feeding operation and
neighbouring residences,
(
v) water courses and common bodies of water,
(vi) springs, and
(vii) runoff patterns;
(
f) the legal description of the land where manure, composting
materials and compost are to be applied during the first year
of operation after the granting of the permit;
(
g) a timeline for the commencement and completion of
construction for all facilities included in the application.
(4) An approval officer may require that documents filed under
subsection (3) be prepared by a professional engineer, a land surveyor
or a member of another appropriate profession and may, if applicable,
require that the documents be stamped.
(5) An approval officer may extend the time for filing
Part 2 of an
application on the written request of an applicant, but in no event may
the time be extended beyond one year from the filing of
Part 1 of the
application.
Authorization application
3(1) An application for an authorization must be filed with and in a
form satisfactory to an approval officer.
(2) An approval officer may require an application referred to in
subsection (1) to contain any or all of the information and documents
referred to in
section 2(2) and (3).
(3) An approval officer may require that documents filed under
section 2(3) be prepared by a professional engineer, a land surveyor or
a member of another appropriate profession and may, if applicable,
require that the documents be stamped.
(4) For the purposes of this section, the reference in
section 2(2)(
b) and (
c) to a confined feeding operation is to be read as a reference to a
manure storage facility or manure collection area.
Additional information
4(1) An approval officer may require a permit applicant to provide
any additional information that the approval officer considers
necessary to assess whether the applicable requirements under the Act
will be met.
(2) If, in the opinion of an approval officer, a permit applicant fails to
provide additional information under this section, the approval officer
must give notice to the applicant stating the information that is
required.
(3) If the permit applicant fails to provide the required information
within 6 months of the approval officer's notice, the approval officer
may deny the application in accordance with
section 18(3) of the Act.
Notice of application
5 A notice of a permit application if required under
Part 2 of the Act
must
(
a) describe the subject-matter of the application and state the
name of the applicant,
(
b) state the time and place at which
(
i) affected persons may file submissions concerning the
application,
(ii) in the case of an application for an approval, persons
may file applications for directly affected party status,
and
(iii) in the case of an application for a registration, affected
persons may file applications for directly affected party
status,
(
c) state where and when the copies of the application and the
information filed in support of the application will be
available at a location open to the public, and
(
d) state any other particulars an approval officer requests.
Withdrawal of application
6(1) If a permit applicant wishes to withdraw an application before the
approval officer decides whether to issue the requested permit, the
applicant must file a written notice of withdrawal of application with
an approval officer.
(2) Upon receipt of the notice under subsection (1), the approval
officer must give notice of the withdrawal to the directly affected
parties and to any other parties who submitted a response to the notice
of application.
Copy of permit application
7 Until the latest date for making an application under
section 19(4)
of the Act in the case of an approval or under
section 21(3) of the Act
in the case of a registration, an approval officer must supply a copy of
the application, including materials filed in support of the application,
to any affected person requesting them.
Application for directly affected party status and submission by directly
affected party
8(1) An application for directly affected party status under
section
19(4) or 21(3)(
a) of the Act must
(
a) be filed in writing with an approval officer, and
(
b) contain an explanation of how the party may be directly
affected by a decision of an approval officer.
(2) Submissions under sections 20(1)(b)(iii) and 21(3)(
b) of the Act
must
(
a) be filed in writing with an approval officer, and
(
b) contain a statement indicating
(
i) whether the party supports or opposes the permit
application, and
(ii) the reasons for the party's position in subclause (i),
including any relevant facts and scientific judgments
and any supporting evidence including scientific
publications or raw data.
(3) Applications and submissions under subsections (1) and (2) must
also include the name, address in Alberta and telephone number and
the fax number and e-mail address, if any, of the person making the
application or submission or of the person's representative.
(4) An approval officer may allow a person to amend or add to a
statement filed by the person under this section.
Approval officer amendment
9 Before amending a permit under
section 23 of the Act, an approval
officer must provide the holder of the permit with
(
a) a clear and concise statement of reasons for the amendment
being considered,
(
b) a copy of any evidence or information that the approval
officer has considered, and
(
c) a description of the amendment being considered.
Change of ownership
10(1) When a person buys, receives assignment of or otherwise
acquires a permit, the person must provide the NRCB with the
following:
(
a) the legal description of the land that is the subject of the
permit;
(
b) the permit number, if any;
(
c) the person's address and telephone number;
(
d) if more than one person buys, receives assignment of or
otherwise acquires the permit, details of the ownership
relationship respecting the permit;
(
e) the type of confined feeding operation, the capacity of the
operation claimed by the person, and the type and category of
livestock kept at the confined feeding operation or the type of
manure storage facility.
(2) A notification filed under subsection (1) does not confirm or
require that the NRCB confirm the existence, nature or capacity of the
agricultural operation identified, nor does it establish any new permit
rights to operate a confined feeding operation or manure storage
facility, if those rights did not exist prior to the notification.
Deemed permit
11(1) At the request of an owner or operator for a determination
related to a deemed permit under
section 18.1 of the Act, or in
response to a complaint where a determination of the terms or
conditions or existence of a deemed permit is required, an inspector
shall conduct an investigation to determine the capacity of a confined
feeding operation or manure storage facility
(
a) that was in place on January 1, 2002, or
(
b) that was constructed pursuant to a development permit issued
before January 1, 2002.
(2) Prior to making a deemed permit determination under subsection
(1)(a), the inspector shall provide notice to those parties who would be
entitled to notice under
section 19(1) or 21(1) of the Act for a new
manure storage facility or confined feeding operation with the same
capacity.
(3) An approval officer may waive the notice for indoor confined
feeding operations if the inspector finds that the livestock type and the
capacity of the structures can be reliably determined by viewing
historical aerial photographs and owner or operator records.
(4) A notice of a deemed permit determination must
(
a) describe the subject-matter of the inspector's investigation
and the name and location of the manure storage facility or
confined feeding operation,
(
b) state the time and place at which
(
i) affected persons may file submissions concerning the
investigation, and
(ii) persons may file applications for directly affected party
status,
(
c) state where and when the copies of the information filed in
support of the deemed permit will be available at a location
open to the public, and
(
d) state any other particulars an inspector determines
appropriate.
(5) After considering any submissions and completing the
investigation, the inspector shall issue a decision report including
reasons for the decision on
(
a) whether affected parties that made a submission under
subsection (4) are directly affected parties,
(
b) whether a deemed permit exists, and
(
c) any other terms or conditions included in the deemed permit.
(6) A decision under subsection (5) will be provided to the permit
holder and any other parties who filed a submission under subsection
(4).
(7) A directly affected party may, within 10 working days of receipt of
the decision under subsection (6), request a Board review in
accordance with
section 13.
(8) A party who made a submission under subsection (4) and who was
determined by the inspector not to be directly affected may, within 10
working days of receipt of the decision under subsection (6), request a
Board review of the directly affected party determination in
accordance with
section 14 and of the inspector's permit decision in
accordance with
section 13.
Cancellation of permit
12(1) An approval officer who has been delegated under
section 12 of
the Act with the power to cancel a permit may cancel a permit
(
a) pursuant to
section 29(1)(
a) or (a.1) of the Act, without
notice to any party, or
(
b) pursuant to
section 29(1)(
b) of the Act, following notice to
the permit holder.
(2) A notice under subsection (1)(
b) must state
(
a) why, in the approval officer's opinion, the confined feeding
operation, manure storage facility or manure collection area
is considered abandoned and of any terms or conditions
included in the cancellation,
(
b) that the permit holder may file a statement of intent to object
to the cancellation or to any terms or conditions included in
the cancellation within 30 days of the date of the notice, and
(
c) that, if the permit holder files a statement under clause (b),
the permit holder shall have a further 30 days to file a
submission setting out the reasons why the permit should not
imposed.
(3) If the permit holder files a submission under subsection (2)(c), the
approval officer shall provide affected parties with a copy of the
submission and the notice issued under subsection (1)(
b) and advise
them that they have 20 days to make submissions on how they may be
directly affected should the permit continue in effect and the reasons
why they support the cancellation.
(4) An affected party under subsection (3) is a party who would be
entitled to notice under
section 19(1) or 21(1) of the Act respecting an
application for a new manure storage facility or confined feeding
operation with the same capacity as the abandoned facility.
(5) After considering any submissions provided under subsections
(2) and (3), the approval officer shall issue a decision, including reasons
for the decision,
(
a) on whether affected parties that made a submission under
subsection (3) are directly affected parties,
(
b) on whether to cancel the permit, and
(
c) as to any included terms or conditions.
(6) The approval officer shall provide a decision under subsection
(5) to the permit holder and any other parties who filed a submission under
subsection (3).
(7) A directly affected party may, within 10 working days of receipt of
the decision under subsection (6), request a Board review in
accordance with
section 13.
(8) A party who made a submission under subsection (3) and that was
determined not to be directly affected by the approval officer may,
within 10 working days of receipt of the decision under subsection (6),
request a board review of the directly affected determination and of the
permit cancellation decision.
Part 2
Board Reviews
Application or request for Board review
13(1) An application or a request for a Board review under
section
20(5), 22(4), 23(3), 41(1) or 42.2(3) of the Act or arising under
section
11 or 12 must be filed with the Board in writing and contain the
following:
(
a) a clear and concise statement of the facts relevant to the
application or request;
(
b) the grounds on which the application or request is made;
(
c) in the case of a review of a permit decision or of an
enforcement order, a brief explanation of the harm that has
resulted or will result from the decision or order addressed in
the application or request;
(
d) in the case of a review of the amount of recoverable costs
associated with an emergency order, a brief explanation of
the issues that the owner or operator wants the Board to
consider in its review;
(
e) a brief description of the remedy sought;
(
f) the name, address in Alberta and telephone number and the
fax number and e-mail address, if any, of the applicant for
review or the applicant's representative.
(2) On receipt of an application or a request for review of a permit
decision, the Board must give notice of the application or request to the
directly affected parties.
(3) On receipt of an application or a request for review of an
enforcement order under
section 41(1) of the Act or of a review of
costs related to an emergency order under
section 42.2(3) of the Act,
the Board must give notice of the request or application to all persons
to whom the order is directed other than the person who has requested
or applied for the review.
(4) A directly affected party who receives a notice of an application or
a request for review under subsection (3), and who has an adverse
interest with respect to the application or request for review, may file a
response with the Board with respect to the matters raised in the
application or request for review in accordance with any directions
provided by the Board.
(5) On considering an application or a request for review, the Board
may have regard for publicly available information collected by the
approval officer or inspector whose decision is the subject of the
application or request.
Application or request for review of directly affected party determination
14(1) An application or a request under
section 20(6) or 22(5) of the
Act for the Board's review of an approval officer's decision under
section 19(7) or 21(5) of the Act as to whether a person is a directly
affected party must be filed with the Board within 10 working days of
the date the person received the approval officer's written decision on
the permit application.
(2) An application or a request under subsection (1) must be in writing
and include a statement indicating how the applicant may be directly
affected by the decision of the approval officer.
(3) All applications or requests for a review of directly affected status
determination should be filed concurrently with the application or
request for Board review under
section 13.
Deadline for filing an application or a request for Board review
15(1) An application under
section 20(5), 22(4) or 23(3) of the Act
for review of an approval officer's permit decision must be filed with
the Board within 10 working days of the date the person received the
approval officer's written decision.
(2) A request under
section 41(1) of the Act for review of an
enforcement order must be filed with the Board within 10 working
days of the date the person received the enforcement order or such
longer period specified by the inspector in the enforcement order.
(3) An application under
section 42.2(3) of the Act to review costs
recoverable by the Board under
section 42.2(2) of the Act must be filed
with the Board within 30 calendar days of the date the person received
notice of the Board costs.
Notice of Board hearing
16(1) If the Board decides to conduct a hearing, the Board must
provide notice of its decision to conduct the hearing to the directly
affected parties.
(2) A notice under subsection (1) must
(
a) briefly describe the subject-matter of the hearing,
(
b) state the process by which the Board will conduct the
hearing,
(
c) if the hearing relates to an approval, state the location where
the information filed with respect to the hearing may be
viewed by the public,
(
d) state the name and location of the agricultural operation
being reviewed,
(
e) if considered appropriate by the Board, state the time and
place for the filing of written submissions related to the
hearing,
(
f) state the date, commencement time and location for the
hearing, and
(
g) state any other particulars that the Board sees fit.
Notice to attend hearing
17(1) The Board may, on its own initiative or at the request of a party,
issue a notice requiring a person to attend an oral hearing or an
electronic hearing as a witness and to produce the documents and
material set out in the notice.
(2) The provisions of the Alberta Rules of Court (AR 124/2010)
relating to the payment of allowances to witnesses apply to oral
hearings and electronic hearings.
(3) Despite subsection (2), the Board may increase the amount
payable to an expert witness or in special circumstances where a
witness attends an oral hearing or an electronic hearing as a result of a
notice to attend.
Evidence
18(1) A written submission for a hearing must be filed with the Board
by the date set out in the hearing notice and must include the
following:
(
a) the name, mailing address in Alberta, telephone number and
e-mail address of the party filing the submission or of that
party's representative;
(
b) all of the documentary evidence that the party wants the
Board to consider in the hearing;
(
c) the reasons why the party believes the Board should decide in
the manner advocated by the party;
(
d) any other information required by the Board.
(2) If the Board has scheduled an oral hearing, a party's written
submission provided under subsection (1) above must also include
(
a) an identification of all witnesses the party intends to present
at the oral hearing,
(
b) in the case of non-technical testimony, a written
summary of
each witness's oral hearing testimony, and
(
c) all technical or expert evidence, including a written
summary
of each witness's testimony.
(3) A written submission must be signed by the party presenting it or
by the party's authorized representative.
(4) A written or oral submission that includes technical evidence must
state the qualifications of the person taking responsibility for the
evidence or under whose direction or control the evidence was
prepared.
(5) For purposes of this section, a requirement to file a document
includes providing a copy to all other parties by the filing deadline.
(6) If a party is not able to file all of its documentary evidence by the
filing deadline stated in the hearing notice, the party must
(
a) by the filing deadline set out in the hearing notice, file all the
documentary evidence that is available on that date, and
(
b) seek leave from the Board to file documentary evidence after
the filing deadline set out in the hearing notice by filing a
statement
(
i) identifying the balance of the documentary evidence to
be filed,
(ii) stating the party's reasons why it could not file all of its
documentary evidence by the filing deadline, and
(iii) stating when the balance of the documentary evidence
will be filed.
(7) At an oral hearing
(
a) each party who filed a written submission prior to the oral
hearing must make available a witness or witnesses who
prepared, supervised or participated substantially in the
preparation of the factual or technical elements of the party's
written submission, in order to respond to questions from
other parties and the Board,
(
b) unless the Board otherwise directs, direct testimony shall be
confined to matters adequately set out in the written
submission and must be presented by a witness identified in
subsection (2)(a), and
(
c) a party entering a document as an exhibit must provide
copies of the document to the Board, the staff assisting the
Board, the approval officer or inspector attending the oral
hearing and each of the directly affected parties participating
in the oral hearing.
Direct evidence
19(1) In a hearing, the Board shall not receive evidence unless
(
a) it relates to the issues that the Board has decided to consider
in the hearing, or
(
b) it arises from evidence presented in cross-examination.
(2) The Board may hear argument based on evidence before the Board
or facts of which the Board can reasonably take judicial notice.
(3) During a recess of an oral hearing or electronic hearing, a witness
who is under cross-examination may consult with the witness's
counsel only as necessary to respond to the undertakings made before
the Board.
Public access to hearings
20(1) Subject to subsections (2) and (3), all oral hearings and
electronic hearings are open to the public and all submissions in
written hearings are accessible by the public.
(2) If, in the Board's opinion, the need to protect the confidentiality of
intimate personal, financial, commercial or other matters outweighs the
desirability of an open hearing, the Board may conduct all or part of
the hearing in private.
(3) If all or any part of an oral hearing or an electronic hearing is to be
held in private, no party may attend the hearing unless the party files
an undertaking stating that the party will hold in confidence any
evidence heard in private.
Experts assisting the Board
21(1) If, in the opinion of the Board, it is necessary for the parties to
be made aware of the views of NRCB staff assisting the Board or of an
expert hired by the Board, a written submission by a NRCB staff
member or the expert may be filed or presented at a hearing in
accordance with the provisions applicable to submissions of the
parties.
(2) The NRCB staff member or expert who has been hired by the
Board and whose written submission has been filed and presented at a
hearing or other proceeding may be examined by the Board and the
approval officer or inspector, and may be cross-examined by or on
behalf of the other parties.
Oath or affirmation
22 Unless the Board otherwise directs, a witness at an oral hearing or
an electronic hearing must be examined orally on oath or affirmation.
Examination of witness
23(1) No cross-examination of a witness is permitted other than
cross-examination by or on behalf of a directly affected party.
(2) A witness may be examined by the Board, by experts or NRCB
staff assisting the Board, and by or on behalf of the approval officer or
inspector or by representatives of any of them.
Written hearings
24(1) If the Board holds a written hearing, it may
(
a) dispose of the hearing on the basis of the documents filed by
the parties, or
(
b) require additional information and material from the parties
before concluding the hearing.
(2) The Board may determine at any time during a written hearing that
the hearing must be conducted by means of an oral hearing or an
electronic hearing.
Confidentiality of evidence
25(1) Subject to this section, all documents filed in respect of a
hearing become part of the record of the hearing and may be made
available to the public.
(2) If a person wishes to keep confidential any information in a
document submitted to the Board, the person may, before filing the
document, file a request for confidentiality.
(3) The request for confidentiality must
(
a) be in writing,
(
b) briefly describe
(
i) the nature of the information in the document, and
(ii) the reasons for the request, including the specific harm
that would result if the document was available to the
public,
and
(
c) indicate whether all or only a part of the document is the
subject of the request.
(4) The Board may, with or without a hearing, grant a request for
confidentiality on any terms it considers appropriate
(
a) if the Board is of the opinion that disclosure of the
information could reasonably be expected
(
i) to result in undue financial loss or gain to a person
directly affected by the proceeding, or
(ii) to harm significantly that person's competitive position,
(
b) if
(
i) the information is personal, financial, commercial,
scientific or technical in nature,
(ii) the information has been consistently treated as
confidential by a person directly affected by the
proceeding, and
(iii) the NRCB considers that the person's interest in
confidentiality outweighs the public interest in the
disclosure of the proceeding.
(5) If the Board grants a request for confidentiality under subsection
(4), the Board may allow a party to receive a copy of the document if
the party files an undertaking stating that the party will hold the
document in confidence and use it only for the purpose of the hearing.
(6) Nothing in this
section limits the operation of any statutory
provision that protects the confidentiality of information or documents.
(7) The NRCB shall not release a report of an inspection pursuant to
section 30 of the Act unless an enforcement order, arising from the
report, is issued by an inspector, and a person to whom the
enforcement order is directed requests a copy of the report.
On-site visit
26 Pursuant to
section 24 of the Act, the Board may, in its discretion
and in any manner it chooses, conduct an on-site visit to assess any
matter relevant to the disposition of the Board's hearing.
Board directions
27 At any time before the disposition of an application or a request
for review or of a hearing, the Board may, on its own initiative or on
the request of a party, issue any directions that it considers necessary
for the proper consideration and disposition of any issue, including
directions
(
a) that some or all of the documents and other matters that were
provided to an approval officer under
section 2, 3 or 4 be
filed with the Board,
(
b) that documents be prepared by a professional engineer, a land
surveyor or a member of another appropriate profession and
that the documents be stamped,
(
c) that any evidence or argument be amended or struck if, in the
opinion of the Board, the evidence or argument is irrelevant
or may tend to prejudice, embarrass or delay a fair decision,
on the merits, of a proceeding, or
(
d) that, on any conditions it considers proper, enlarge or abridge
the time periods set out in this Regulation.
Revisions to document
28(1) Despite any other provision in this Regulation, the Board may,
on any terms it considers appropriate,
(
a) allow a revision of all or any part of a document, or
(
b) order the revision of all or any part of a document that, in the
opinion of the Board, is
(
i) not relevant or may tend to prejudice or delay a fair
consideration, on the merits, of an application or other
proceeding, or
(ii) necessary for the purpose of determining the pertinent
questions in issue in the proceeding.
(2) At any time before the Board decides to grant an application or a
request for review under
section 25(1) or 41(1) of the Act or before the
end of a hearing, a party shall notify the Board if the party becomes
aware of significant new information that is necessary for the Board's
determination of the relevant issues.
(3) Any document that is revised must clearly indicate the date of the
revision and the part of the document that is revised.
Failure to comply with Regulation
29(1) If a party fails to comply with this Regulation or a direction of
the Board respecting an application, a submission or a review, the
Board may
(
a) make an order that the Board considers appropriate to ensure
the fair determination of an issue, or
(
b) adjourn the proceeding until it is satisfied that this Regulation
or the direction of the Board has been complied with.
(2) If a party fails to comply with a time limit specified in this
Regulation or by the Board for the filing of documentary evidence or
other material, the Board may disregard the documentary evidence or
material.
(3) No proceeding is invalid by reason of a defect or other irregularity
in form.
Variation of procedures
30 The Board may, at any time, vary the procedures set out in this
Regulation.
Part 3
General
Notice
31(1) Subject to subsection (2), any notice required to be given under
the Act or this Regulation may be given
(
a) by personal delivery,
(
b) by public advertisement in a daily, weekly, bi-weekly or
monthly newspaper in circulation in the community affected
by the proceeding,
(
c) by courier service, ordinary mail, fax or electronic means to
the address given by the person, or
(
d) by any other method that the Board directs.
(2) A notice may only be given by electronic means if the person
being notified has the information technology, equipment, software
and processes for receiving or retrieving the notice.
(3) The NRCB may require a person to file an affidavit setting out to
whom notice was given and the means taken to give notice.
(4) The NRCB may direct the applicant to give a notice issued by the
NRCB in accordance with this section.
(5) Any notice required to be given under this Regulation may be
given to a representative.
Filings
32(1) A document is deemed to be filed at the time it is received at
the office of the NRCB irrespective of when or how it may have been
sent.
(2) A submission or application actually received at the office of the
NRCB later in the day than the NRCB's normal business hours is
deemed to have been filed on the next day that the office is open.
Filing of additional material
33 After the filing deadline referred to in any notice, no additional
information may be filed in respect of an application or submission by
or on behalf of a directly affected party or the applicant unless it is at
the request of or with the leave of the NRCB.
Affidavits
34(1) An affidavit intended to be used in a proceeding must be
confined to those facts within the knowledge of the person making the
affidavit or based on the information and belief of the person making
the affidavit.
(2) If a statement is made in an affidavit on information and belief, the
source of the information and the grounds on which the belief is based
must be set out in the affidavit.
(3) If an affidavit refers to an exhibit, the exhibit must be marked as
such by the person making the affidavit and attached to the affidavit.
Confidentiality of complainant
35 The NRCB shall not release the identity of a person who submits
a complaint about an agricultural operation to the NRCB if the
complaint is submitted in confidence.
Identification of inspectors and approval officers
36 The Board must provide an approval officer designated under
section 10 of the Act and an inspector designated under
section 11 of
the Act an identification card that states an expiry date, and bears the
photograph and name of the approval officer or inspector and the
signature of the chair of the Board.
Part 4
Transitional Provisions and Repeal
Transitional matters
37 Where a person has made an application for a permit or review, or
a request for a review under the Act before this Regulation comes into
force and the application or request process has not been concluded by
the time this Regulation comes into force, the application or request
process must continue to be dealt with in accordance with the Act and
the regulations under the Act as they read immediately before the
coming into force of this Regulation.
Repeal
38 The Board Administrative Procedures Regulation (AR 268/2001)
is repealed.
--------------------------------
Alberta Regulation 107/2017
Apprenticeship and Industry Training Act
IRONWORKER TRADE AMENDMENT REGULATION
Filed: June 13, 2017
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on February 10, 2017 and approved by the Minister of Advanced Education on
June 8, 2017 pursuant to
section 33(2) of the Apprenticeship and Industry Training
Act.
1 The Ironworker Trade Regulation (AR 156/2006) is
amended by this regulation.
Section 1 is amended
(
a) by adding the following after clause (b):
(b.01) "concrete reinforcement" means metal, steel or
synthetic strands, wires, bars or sheets, placed into
concrete structures for the purpose of reinforcing,
pre-tensioning or post-tensioning of concrete structures;
(b.02) "reinforced concrete" means concrete that is cast in
place or precast and is reinforced with concrete
reinforcement materials;
(
b) in clause (b.1)
(
i) by repealing subclause (ii) and substituting the
following:
(ii) bridges, including abutments, decks, girders, piers
and permanent guard rails;
(ii) by repealing subclauses (iv) and (
v) and
substituting the following:
(iv) buildings that are engineered and constructed of
metal, steel or reinforced concrete, other than
buildings constructed using insulated concrete
forms;
Section 2 is amended
(
a) in subsection (1) by striking out "6,";
(
b) by repealing subsection (2) and substituting the
following:
(2) The trade is made up of
(
a) the ironworker (metal building systems erector) branch
of the trade,
(
b) the ironworker (structural/ornamental) branch of the
trade, and
(
c) the ironworker (reinforcing) branch of the trade.
Section 3 is amended by striking out "7,".
Part 2 is repealed.
6 The heading to
Part 3 is repealed and the following is
substituted:
Ironworker (Metal Building Systems Erector)
Branch of the Trade
Section 11 is amended
(
a) by repealing clause (
a) and substituting the
following:
(a) "metal building systems" means buildings that
(
i) are non-residential, prefabricated metal structures,
not more than 2 storeys, that meet Alberta Building
Code requirements for certification by the
Canadian Standards Association,
(ii) are constructed of an interior load-bearing
framework and an outer non-load-bearing
cladding, and
(iii) are erected, assembled and installed in accordance
with the manufacturer's instructions without
modification to the manufacturer's specifications,
but does not include Quonsets or other frameless metal
buildings;
(
b) in clause (
b) by striking out "one".
Section 12 is amended
(
a) by striking out "one storey";
(
b) by striking out "metal building systems erector" and
substituting "ironworker (metal building systems erector)".
Section 13 is amended by striking out "metal building
systems erector" and substituting "ironworker (metal building
systems erector)".
Section 14 is amended
(
a) in subsection (1) by striking out "metal building
systems erector" and substituting "ironworker (metal
building systems erector)";
(
b) in subsections (2) and (3) by striking out "1500" and
substituting "1620".
Section 15 is amended
(
a) in subsections (1) and (2) by striking out "metal
building systems erector" wherever it occurs and
substituting "ironworker (metal building systems
erector)";
(
b) in subsection (3)
(
i) by striking out "metal building systems erector"
wherever it occurs and substituting "ironworker
(metal building systems erector)";
(ii) by striking out "ironworker branch of the trade or the
structural/ornamental" and substituting "ironworker
(structural/ornamental)".
Section 16 is amended by striking out "metal building
systems erector" wherever it occurs and substituting
"ironworker (metal building systems erector)".
13 The heading to
Part 4 is repealed and the following is
substituted:
Ironworker (Structural/Ornamental)
Branch of the Trade
Section 17 is amended
(
a) by striking out "structural/ornamental" and substituting
"ironworker (structural/ornamental)";
(
b) in clause (
a) by adding ", other than the demolition of
structures" after "structures";
(
c) by repealing clause (
d) and substituting the
following:
(
d) the erection of precast or prestressed concrete
structures.
Section 18 is amended by striking out
"structural/ornamental" and substituting "ironworker
(structural/ornamental)".
Section 18.1 is repealed.
Section 19 is amended
(
a) in subsection (1) by striking out
"structural/ornamental" and substituting "ironworker
(structural/ornamental)";
(
b) in subsections (2) to (4) by striking out "1500" and
substituting "1620".
Section 20 is amended
(
a) in subsections (1) and (2) by striking out
"structural/ornamental" wherever it occurs and
substituting "ironworker (structural/ornamental)";
(
b) in subsection (3)
(
i) by repealing clause (a);
(ii) in clause (
b) by striking out "structural/ornamental"
and substituting "ironworker (structural/ornamental)";
(
c) in subsection (4)
(
i) by striking out "structural/ornamental" wherever it
occurs and substituting "ironworker
(structural/ornamental)";
(ii) by repealing clause (a);
(iii) in clause (
b) by striking out "metal building
systems erector" and substituting "ironworker (metal
building systems erector)".
Section 21 is amended by striking out
"structural/ornamental" wherever it occurs and substituting
"ironworker (structural/ornamental)".
20 The heading to
Part 5 is repealed and the following is
substituted:
Ironworker (Reinforcing) Branch of the Trade
Section 22 is repealed and the following is substituted:
Undertakings constituting the branch
22 The following undertakings constitute the ironworker
(reinforcing) branch of the trade:
(
a) the erection of concrete reinforcement materials;
(
b) the attachment of concrete reinforcement materials;
(
c) the post-tensioning of concrete reinforcement materials.
Section 23 is amended by striking out "reinforcing" and
substituting "ironworker (reinforcing)".
Section 24 is amended
(
a) in subsection (1) by striking out "reinforcing" and
substituting "ironworker (reinforcing)";
(
b) in subsections (2) and (3) by striking out "1500" and
substituting "1620".
Section 25 is amended
(
a) in subsection (1) by striking out "reinforcing" and
substituting "ironworker (reinforcing)";
(
b) in subsection (2)
(
i) by striking out "Subject to subsection (3), a person"
and substituting "A person";
(ii) by striking out "reinforcing" wherever it occurs
and substituting "ironworker (reinforcing)";
(
c) by repealing subsection (3).
Section 26 is amended by striking out "reinforcing"
wherever it occurs and substituting "ironworker (reinforcing)".
Section 28 is repealed.
27 This Regulation comes into force on September 1, 2017.
--------------------------------
Alberta Regulation 108/2017
Agricultural Operation Practices Act
AGRICULTURAL OPERATIONS,
PART 2 MATTERS
AMENDMENT REGULATION
Filed: June 14, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 201/2017)
on June 13, 2017 pursuant to
section 44 of the Agricultural Operation Practices Act.
1 The Agricultural Operations,
Part 2 Matters Regulation
(AR 257/2001) is amended by this Regulation.
Section 6 is amended by striking out "June 30, 2017" and
substituting "June 30, 2020".
--------------------------------
Alberta Regulation 109/2017
Stray Animals Act
STRAY ANIMALS AMENDMENT REGULATION
Filed: June 14, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 202/2017)
on June 13, 2017 pursuant to
section 35 of the Stray Animals Act.
1 The Stray Animals Regulation (AR 301/96) is amended by
this Regulation.
Section 7 is repealed.
Alberta Regulation 110/2017
Corrections Act
FINE OPTION AMENDMENT ORDER
Filed: June 14, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 204/2017)
on June 13, 2017 pursuant to
section 34 of the Corrections Act.
1 The Fine Option Order (AR 92/99) is amended by this
Order.
Section 9 is amended by striking out "June 30, 2017" and
substituting "June 30, 2018".
--------------------------------
Alberta Regulation 111/2017
Family Law Act
CHILD SUPPORT RECALCULATION PROGRAM
AMENDMENT REGULATION
Filed: June 14, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 205/2017)
on June 13, 2017 pursuant to
section 55.8 of the Family Law Act.
1 The Child Support Recalculation Program Regulation
(AR 287/2009) is amended by this Regulation.
Section 19 is repealed and the following is substituted:
Service fee
19 The service fee that may be charged by the Director pursuant to
section 55.71 of the Act is $77 to each of the payor and the recipient.
3 This Regulation comes into force on August 1, 2017.
Alberta Regulation 112/2017
Maintenance Enforcement Act
MAINTENANCE ENFORCEMENT AMENDMENT REGULATION
Filed: June 14, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 206/2017)
on June 13, 2017 pursuant to
section 45 of the Maintenance Enforcement Act.
1 The Maintenance Enforcement Regulation (AR 2/86) is
amended by this Regulation.
2 Sections 24 and 25 are repealed and the following are
substituted:
Deterrent charges
24 The deterrent charges payable under the Act and this Regulation
are as follows:
(
a) for failing to pay maintenance in accordance with
section
25.1(1)(
a) of the Act, $40 per month;
(
b) for failing to file a statement of finances in accordance with
section 25.1(1)(
b) of the Act, $205;
(
c) for each dishonoured or stopped payment under
section
25.1(1)(
c) of the Act, $51.50;
(
d) for each payment accepted by a creditor and not reported in
accordance with
section 2(3) of this Regulation, $51.50.
Service fees
25(1) A debtor or creditor who
(
a) withdraws a maintenance order that has been filed with the
Director and who subsequently refiles the order, or
(
b) requests that the Director reopen a file that has been closed
by the Director because the debtor or creditor has failed to
provide information required under the Act or this
Regulation,
shall be charged a service fee of $205 each time the order is refiled
or the file is reopened.
(2) A person who serves a party with documents by substitutional
service on the Director will be charged a service fee of $51.50 for
each request for service.
(3) If interest has been collected by the Director on arrears
outstanding under a maintenance order, the Director shall retain 20%
of the interest collected as a service fee.
3 The
Schedule is amended
(
a) in Form 1 by striking out "$200" and substituting
"$205";
(
b) in Form 5 by striking out "$50" and substituting
"$51.50".
4 This Regulation comes into force on August 1, 2017.
--------------------------------
Alberta Regulation 113/2017
Public Sector Compensation Transparency Act
PUBLIC SECTOR COMPENSATION TRANSPARENCY
DISSOLVED PUBLIC SECTOR BODIES REGULATION
Filed: June 14, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 207/2017)
on June 13, 2017 pursuant to
section 15 of the Public Sector Compensation
Transparency Act.
Public sector bodies' disclosure on dissolution
1(1) Before being dissolved, amalgamated or otherwise ceasing to
exist, a public sector body must disclose
(
a) the statement of remuneration in relation to the previous
calendar year referred to in
section 3(5.1)(
b) of the Act, and
(
b) the statement of remuneration in relation to the current
calendar year referred to in
section 3(5.1)(
a) of the Act.
(2) The disclosure required under subsection (1) must
(
a) contain the information required in accordance with
section
3(2), (4) and (5) of the Act, and
(
b) be made in the form and manner determined by the Minister.
(3) If a public sector body does not disclose a statement of
remuneration referred to subsection (1), the public sector body must
provide to the Government of Alberta the information required to
prepare the statement of remuneration.
Government of Alberta disclosure
2(1) If a public sector body does not disclose a statement of
remuneration referred to
section 1(1), the Government of Alberta must
disclose the statement as soon as practicable after receiving the
information referred to in
section 1(3), and in no case later than June
30 of the calendar year following the year in which the public sector
body was dissolved, amalgamated or otherwise ceased to exist.
(2) If
(
a) a public sector body does not disclose a statement of
remuneration referred to in
section 1(1),
(
b) the public sector body does not provide the information
referred to in
section 1(3), and
(
c) the Government of Alberta has, or is able to collect, some or
all of the information required,
the Government of Alberta must, as soon as practicable, and in no case
later than June 30 of the calendar year following the year in which the
public sector body was dissolved, amalgamated or otherwise ceased to
exist, disclose a statement of remuneration in accordance with this
section.
(3) The disclosure required under subsection (1) must
(
a) contain the information required in accordance with
section
3(2), (4) and (5) of the Act, and
(
b) be made in the form and manner determined by the Minister.
(4) The disclosure required under subsection (2) must
(
a) contain the information required in accordance with
section
3(2), (4) and (5) of the Act that the Government of Alberta
has, or is able to collect, and
(
b) be made in the form and manner determined by the Minister.
(5) The Government of Alberta may, as necessary to comply with its
duties under
section 3(5.1) of the Act and this Regulation,
(
a) collect information, including personal information,
indirectly from the public sector body or otherwise, and
(
b) use and disclose that information.
Personal information where payment
by Government of Alberta
3 For the purposes of enabling a public sector body to comply with
its duties under
section 3(5.1) of the Act and this Regulation, if an
employee or member of a public sector body receives compensation
from the Government of Alberta, or has a contract with the
Government of Alberta respecting the appointment, employment,
appointment or employment of the employee or member,
(
a) the Government of Alberta may disclose that employee's or
member's personal information, including contracts, to the
public sector body and to the public, and
(
b) the public sector body may collect that employee's or
member's personal information, including contracts, from the
Government of Alberta.
Transitional
4(1) In this section, "successor" means the entity that has custody or
control of the records of a public sector body that has been dissolved,
amalgamated or otherwise has ceased to exist.
(2) Nothing in this regulation requires or authorizes the disclosure of
compensation information for any year prior to 2015.
(3) If a public sector body was dissolved, amalgamated or otherwise
ceased to exist before the coming into force of this regulation, the
successor must, on or before June 30, 2017, make the disclosures
referred to in
section 3(5.1)(
a) and (
b) of the Act.
(4) The disclosure required under subsection (3) must
(
a) contain the information required in accordance with
section
3(2), (4) and (5) of the Act that the successor has in its
custody or control, and
(
b) be made in the form and manner determined by the Minister.
Alberta Regulation 114/2017
Public Sector Compensation Transparency Act
PUBLIC SECTOR COMPENSATION TRANSPARENCY
GENERAL AMENDMENT REGULATION
Filed: June 14, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 208/2017)
on June 13, 2017 pursuant to
section 15 of the Public Sector Compensation
Transparency Act.
1 The Public Sector Compensation Transparency General
Regulation (AR 52/2016) is amended by this Regulation.
2 The following is added after
section 2:
Disclosure by public sector bodies
2.1(1) For the purposes of
section 3(2)(e)(ii) of the Act, the
statement of remuneration shall disclose, with respect to each
employee or member whose position is listed in Column 1 of
Schedule 1 of the Reform of Agencies, Boards and Commissions
Compensation Regulation (AR 31/2017), the chief executive officer
of Alberta Health Services and the chief executive officer of the
Independent System Operator, on or before June 30, 2017 and on or
before June 30 of every subsequent year, any contract with the
public sector body or the Government of Alberta respecting
(
a) the appointment or employment of the employee or member,
that was in effect at any time during the prior calendar year,
and
termination of the appointment or employment of the
employee or member, made during the prior calendar year.
(2) Subsection (1) does not apply
(
a) to an employee whose total compensation and severance
during the previous calendar year is less than or equal to the
threshold referred to in
section 1(o)(ii) of the Act;
(
b) to an employee or member referred to in
section 2(2) of the
Reform of Agencies, Boards and Commissions Compensation
Regulation (AR 31/2017);
(
c) to a member who does not receive a salary and instead is
remunerated on the basis of a daily or hourly rate or on a
similar basis;
(
d) to a contract that has already been disclosed under the Act or
regulations, and which remains public.
(3) In addition to the disclosure referred to in
section 3(1) of the
Act, a public sector body must disclose the following on or before
December 31 of each calendar year:
(
a) any contract referred to in subsection (1)(
b) that was made
during the 6-month period ending on June 30 of that year, in
respect of an employee or member referred to in subsection
(1), other than
(
i) an employee whose severance paid or payable during
that period is less than or equal to the threshold referred
to in
section 1(o)(ii)(
A) and (
B) of the Act, and
(ii) an employee or member referred to in section (2)(
b) or
(c);
(
b) the amount of severance, if any, paid or payable during the
6-month period ending on June 30 of that year,
(
i) to an employee, if the amount of severance is greater
than the threshold referred to in
section 1(o)(ii)(
A) and
(
B) of the Act, and
(ii) to each member;
(
c) in respect of an employee or member to which clause (
a) or
(
b) applies,
(
i) the employee or member's name, and
(ii) the position or appointment last held by the employee or
member, during the 6-month period ending on June 30.
(4) Despite
section 3, a disclosure under subsection (3) must remain
public until the next statement of remuneration disclosed under
section 3(1) of the Act is published.
(5) A contract referred to in this
section must be disclosed in a
partial or redacted format as necessary to ensure that the following
are not disclosed:
(
a) the home address of the employee or member;
(
b) any person's signature;
(
c) any other personal information that, in the opinion of the
Minister, constitutes an unreasonable invasion of the personal
privacy of the employee or member.
Section 6 is repealed and the following is substituted:
Personal information where payment
by Government of Alberta
6 For the purposes of enabling a public sector body to comply with
its duties under the Act or this Regulation, if an employee or member
of a public sector body receives compensation from the Government
of Alberta, or has a contract with the Government of Alberta
respecting the appointment, employment, severance or other terms
and conditions for the termination of the appointment or employment
of the employee or member,
(
a) the Government of Alberta may disclose that employee's or
member's personal information, including contracts, to the
public sector body and to the public, and
(
b) the public sector body may collect that employee's or
member's personal information, including contracts, from the
Government of Alberta.
--------------------------------
Alberta Regulation 115/2017
Business Corporations Act
BUSINESS CORPORATIONS (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: June 14, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 211/2017)
on June 13, 2017 pursuant to
section 266 of the Business Corporations Act.
1 The Business Corporations Regulation (AR 118/2000) is
amended by this Regulation.
Section 56 is amended by striking out "June 30, 2017" and
substituting "December 31, 2019".
Alberta Regulation 116/2017
Livestock Identification and Commerce Act
LIVESTOCK IDENTIFICATION AND COMMERCE
DELEGATION AMENDMENT REGULATION
Filed: June 14, 2017
For information only: Made by the Minister of Agriculture and Forestry
(M.O. 012/2017) on June 8, 2017 pursuant to
section 84 of the Livestock
Identification and Commerce Act.
1 The Livestock Identification and Commerce Delegation
Regulation (AR 207/2008) is amended by this Regulation.
Section 23 is repealed.
--------------------------------
Alberta Regulation 117/2017
Livestock Identification and Commerce Act
LIVESTOCK IDENTIFICATION AND COMMERCE
GENERAL AMENDMENT REGULATION
Filed: June 14, 2017
For information only: Made by the Minister of Agriculture and Forestry
(M.O. 013/2017) on June 8, 2017 pursuant to
section 92 of the Livestock
Identification and Commerce Act.
1 The Livestock Identification and Commerce General
Regulation (AR 208/2008) is amended by this Regulation.
Section 96 is repealed.
Alberta Regulation 118/2017
Stray Animals Act
STRAY ANIMALS DELEGATION AMENDMENT REGULATION
Filed: June 15, 2017
For information only: Made by the Minister of Agriculture and Forestry
(M.O. 011/2017) on June 12, 2017 pursuant to
section 27 of the Stray Animals Act.
1 The Stray Animals Delegation Regulation (AR 206/2008)
is amended by this Regulation.