Alberta Regulation 81/2022

Pharmacy and Drug Act

PHARMACY AND DRUG

AMENDMENT REGULATION

Filed: May 18, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 150/2022)

on May 18, 2022 pursuant to

section 28 of the Pharmacy and Drug Act.

1 The Pharmacy and Drug Regulation (AR 240/2006) is

amended by this Regulation.

Section 1 is amended

(

a) in subsection (1)

(

i) in clauses (

b) and (

d) by striking out

"Pharmacists Profession Regulation" and

substituting "Pharmacists and Pharmacy Technicians

Profession Regulation";

(ii) by repealing clause (

i) and substituting the

following:

(i) "proprietor's representative" means the individual

designated by the proprietor of a licensed

pharmacy to represent the proprietor and to be

responsible for ensuring that the proprietor

complies with the proprietor's obligations under

the Act;

(

b) in subsection (2)(c)(iii) by striking out "Pharmacists

Profession Regulation" and substituting "Pharmacists

and Pharmacy Technicians Profession Regulation".

Section 2 is amended

(

a) by striking out "13 to 16,";

(

b) by striking out "21,".

Section 3(1) is amended

(

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

(a.1) evidence satisfactory to the registrar that the clinical

pharmacist applying for a pharmacy license has met any

requirements with respect to experience, training and

evaluation required by the council;

(

b) in clause (

f) by striking out "if required by the registrar,

a copy" and substituting "an electronic copy";

(

c) by repealing clause (i);

(

d) by repealing clause (

l) and substituting the

following:

(

l) the name of the proprietor's representative, if any;

(l.01) the names of any persons who have a significant

ownership interest in the pharmacy or who are likely to

exert control or influence over the operations of the

pharmacy, which may include, without limitation,

(

i) major shareholders of a corporation,

(ii) the members of a partnership, or

(iii) the trustees and beneficial owners of a trust;

(l.02) where a proprietor's representative has been designated,

evidence satisfactory to the registrar that the

proprietor's representative has completed the course or

program established by the council to ensure that

proprietors' representatives understand the obligations

of a proprietor and a licensee under the Act and the

legislative scheme governing the operation of licensed

pharmacies and the practice of pharmacists and

pharmacy technicians;

(l.03) evidence satisfactory to the registrar that the proprietor

has managed or directed the operation of a pharmacy or

is capable of managing or directing the operation of a

pharmacy in compliance with the Act;

(l.04) evidence satisfactory to the registrar that the proprietor

has given the proprietor's representative the authority to

bind the proprietor in relation to the proprietor's

obligations under the Act and in dealings with the

college;

Section 4(3) is amended by striking out "14" and

substituting "30".

Section 5 is amended by striking out "protecting the safety

of the public and supporting and enhancing the competent practice of

pharmacy," and substituting "enhancing the quality of regulated

members' practices at the licensed pharmacy, protecting the safety of

the public or improving the quality of patient care,".

Section 6.1 is amended by striking out "Pharmacists

Profession Regulation" wherever it occurs and substituting

"Pharmacists and Pharmacy Technicians Profession Regulation".

Section 8 is amended by striking out "operate" and

substituting "provide pharmacy services".

Section 9 is amended by adding the following after

subsection (2):

(3) The name of a licensed pharmacy must not be a name that, in the

opinion of the registrar, would harm the integrity of the profession of

pharmacists or pharmacy technicians.

Section 10(3) is amended by striking out "14" and

substituting "30".

11 Sections 12 to 16 are repealed.

Section 17 is repealed and the following is substituted:

Temporary absence of pharmacist from pharmacy

17 A licensed pharmacy may be without a clinical pharmacist or a

courtesy pharmacist during the hours of operation if

(

a) the total amount of time the pharmacy is without a clinical

pharmacist or courtesy pharmacist during the hours of

operation does not exceed one hour,

(

b) the clinical pharmacist or courtesy pharmacist who is

temporarily absent is accessible in person or by phone and

can return to the pharmacy immediately, and

(

c) the clinical pharmacist or courtesy pharmacist ensures that

during the absence

(

i) either

(

A) no restricted activities are performed, or

(

B) restricted activities are performed only by

individuals authorized to perform them and that

they are performed in accordance with the

authorization,

(ii) the practice of pharmacy and safety of the public are not

compromised, and

(iii) all drugs and patient records are secure from

unauthorized access.

Section 18(2) is amended by striking out "and" at the

end of clause (a), by adding "and" at the end of clause (

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

(

c) patient records are secure from unauthorized access.

Section 21 is repealed.

Section 23(

g) is amended by striking out "if the proprietor

is a corporation,".

Section 24 is amended

(

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

clause (a), by adding "or" at the end of clause (

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

(

c) claim to offer or imply that it offers specialized

pharmacy services or that it is a specialist unless that

specialized pharmacy service or speciality is authorized

by the registrar pursuant to an approval by the council.

(

b) by adding the following after subsection (6):

(7) A licensee or proprietor must not solicit the transfer of

prescriptions or the transfer of care of patients.

Section 25(

e) is repealed and the following is

substituted:

(

e) employs an appropriate number and combination of

pharmacists, pharmacy technicians, other regulated health

professionals and non-regulated staff for the safe and

effective provision of pharmacy services,

(e.1) requires a criminal record check from all unregulated

individuals engaged by the pharmacy to support or provide

assistance in the provision of a restricted activity or the

delivery of a drug to a patient, and

18 The heading preceding

section 26 and

section 26 are

repealed.

Section 27(1)(a)(ii) is amended by adding "and that all

necessary steps are taken to maintain the integrity of the drugs" after

"area".

Section 30(3) is repealed.

21 This Regulation comes into force on the coming into

force of

section 7 of the Health Statutes Amendment Act,

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

Alberta Regulation 82/2022

Charitable Fund-raising Act

CHARITABLE FUND-RAISING (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: May 20, 2022

For information only: Made by the Minister of Service Alberta (M.O. SA:003/2022)

on May 11, 2022 pursuant to

section 57 of the Charitable Fund-raising Act.

1 The Charitable Fund-raising Regulation (AR 108/2000) is

amended by this Regulation.

Section 34 is amended by striking out "June 1, 2022" and

substituting "June 30, 2027".

Alberta Regulation 83/2022

Municipal Government Act

EDMONTON INTERNATIONAL AIRPORT VICINITY

PROTECTION AREA AMENDMENT REGULATION

Filed: May 20, 2022

For information only: Made by the Minister of Municipal Affairs (M.O. MSD:047/22)

on May 17, 2022 pursuant to

section 693 of the Municipal Government Act.

1 The Edmonton International Airport Vicinity Protection

Area Regulation (AR 55/2006) is amended by this

Regulation.

Section 1(

b) is repealed.

3 The following is added after

section 3:

Filing of caveat

3.1(1) Concurrent with

(

a) approving a subdivision of land, or

(

b) permitting the development of new residential units on land

situated or partially situated within the Protection Area, the

municipality approving the subdivision or permitting the

development shall cause a caveat to be filed with the Registrar of

Titles under the Land Titles Act against the certificate of title for

each affected parcel noting that the parcel is situated or partially

situated within the Protection Area.

(2) A caveat filed under this

section shall not be lapsed in

accordance with the provisions of the Land Titles Act governing the

lapse of a caveat, and may be discharged only by the municipality or

an order of a court.

Section 7 is repealed.

Section 9(1) is repealed and the following is substituted:

Duty of municipality

9(1) A municipality must refer a copy of any application it receives

for a subdivision of land or a development permit relating to land in

the Protection Area in a NEF Area of 30 or more, where the use of

the land will change as a result of the application being approved, to

the Airport Operator.

6 The following is added after

section 11:

Expiry

11.1 For the purpose of ensuring that this Regulation is reviewed

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

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

Regulation expires on July 31, 2027.

7 Schedules 1 and 2 are repealed and the following is

substituted:

Schedule 1

Edmonton International Airport

Vicinity Protection Area

The Edmonton International Airport Vicinity Protection Area consists

of the lands described in this Schedule, but does not include the airport

lands.

In Township 49, Range 24, West of the 4th Meridian:

North half of

section 3;

Northeast quarter of

section 8;

Northwest quarter and east half of

section 9;

Southeast quarter and west half of

section 10;

Northwest quarter of

section 15;

Sections 16 and 17;

Northeast quarter of

section 18;

Sections 19, 20 and 21;

Southwest quarter of

section 22;

Southwest quarter of

section 28;

Sections 29, 30 and 31;

Southeast quarter and west half of

section 32.

In Township 50, Range 24, West of the 4th Meridian:

Southeast quarter and west half of

section 6.

In Township 51, Range 24, West of the 4th Meridian:

Northeast quarter and west half of

section 5;

Section 6;

Southeast quarter of

section 7;

Section 8;

Northwest quarter of

section 9;

West half of

section 16;

Southeast quarter of

section 17.

In Township 49, Range 25, West of the 4th Meridian:

Northeast quarter of

section 24;

Section 25;

Northwest quarter and east half of

section 26;

Northeast quarter of

section 27;

Northeast quarter and west half of

section 30;

Southwest quarter and east half of

section 31;

Northeast quarter and west half of

section 32;

Northeast quarter of

section 33;

Sections 34, 35 and 36.

In Township 50, Range 25, West of the 4th Meridian:

Sections 1, 2, 3, 4 and 5;

Southeast quarter of

section 6;

East half of

section 7;

Sections 8, 9, 10, 11 and 12;

West half of

section 13;

Sections 14, 15, 16 and 17;

Northwest quarter and east half of

section 18;

Sections 19, 20, 21, 22 and 23;

Northwest quarter of

section 24;

West half of

section 25;

Sections 26, 27, 28, 29, 30, 31 and 32;

Southeast quarter and west half of

section 33;

South half of

section 34;

Sections 35 and 36.

In Township 51, Range 25, West of the 4th Meridian:

Southeast quarter of

section 1;

Southwest quarter of

section 4;

Southeast quarter and west half of

section 5;

Section 6;

Southeast quarter and west half of

section 7.

In Township 50, Range 26, West of the 4th Meridian:

East half of

section 24;

Section 25;

Northeast quarter of

section 26;

Northeast quarter of

section 34;

Sections 35 and 36.

In Township 51, Range 26, West of the 4th Meridian:

Section 1;

Northwest quarter and east half of

section 2;

East half of

section 10;

Sections 11 and 12;

Southeast quarter and west half of

section 13;

Section 14;

Southwest quarter and east half of

section 15;

Section 22;

Southeast quarter and west half of

section 23;

Southwest quarter of

section 27.

Schedule 2

Map Showing Lands in the Edmonton

International Airport Vicinity

Protection Area

Schedule 3 is amended

(

a) in

section 2

(

i) in subsection (1) by repealing the table and

substituting the following:

TABLE

Column 1

Col. 2

Col. 3

Col. 4

Col. 5

Land Uses

NEF

NEF

NEF

NEF

40 +

Area

35-40

Area

30-35

Area

25-30

Area

Public and Semi-public Uses

Places of Worship

Day Care

Hospitals

Clinics

Nursing Homes

Schools

Spectator Entertainment Facilities Outdoor

Spectator Sports Facilities Outdoor

Residential Uses

Campgrounds

Residences

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

(3) A land use that is not shown in Column 1 of the table

but is similar to a land use shown in Column 1 of the table,

in the opinion of the affected subdivision authority or

development authority, is prohibited in accordance with

subsection (1).

(4) Subject to subsection (3), a land use that is not

identified as prohibited in subsection (1) is permitted in any

NEF area.

(

b) in

section 3

(

i) in subsection (1) by striking out "further away

from the runway" and substituting "farther away

from the airport lands";

(ii) in subsection (2)(

a) by striking out "2 areas" and

substituting "more than one NEF area";

(

c) by repealing

section 4(1) and (2).

9 Schedules 4 to 6 are repealed.

Schedule 7 is repealed and the following is substituted:

Schedule 7

Parkland County NEF 30-35 Area

April 2022

Section 3 comes into force one year after this

Regulation is filed under the Regulations Act.

Alberta Regulation 84/2022

Municipal Government Act

MATTERS RELATED TO SUBDIVISION

AND DEVELOPMENT REGULATION

Filed: May 20, 2022

For information only: Made by the Minister of Municipal Affairs (M.O. MSD:002/22)

on May 19, 2022 pursuant to

section 694(1) of the Municipal Government Act.

Table of Contents

Interpretation

2 Bylaw, plan prevails

3 AER designations

Part 1

Subdivision and Development

Appeal Board Training Requirements

4 Clerk training requirements

5 Board member training requirements

Part 2

Subdivision Applications

6 Application

7 Application referrals

8 Decision time limit

9 Relevant considerations

10 Reasons for decision

Part 3

Subdivision and Development Conditions

11 Road access

12 Sour gas facilities

13 Gas and oil wells

14 Location of abandoned wells

15 Setback requirements

16 Transitional

17 Distance from wastewater treatment, landfill, waste sites

18 Distance from highway

19 Service roads

20 Waiver

21 Security conditions

22 Approval by council not part of development permit application

Part 4

Registration, Deferral and Endorsement

23 Registration

24 Deferral

25 Endorsement

Part 5

Provincial Appeals

26 LPRT distances

27 Appeals removed from list

28 Appeals related to designated land

29 Additional circumstances where appeal may be filed

Part 6

Transitional, Repeal,

Expiry and Coming into Force

30 Transitional

31 Repeal

32 Expiry

33 Coming into force

Interpretation

1(1) In this Regulation,

(a) "abandoned well" means an abandoned well as defined by

the AER;

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

(c) "AER" means the Alberta Energy Regulator;

(d) "AER Directive 079" means AER Directive 079, Surface

Development in Proximity to Abandoned Wells;

(e) "building site" means a portion of the land that is the subject

of an application on which a building can or may be

constructed;

(f) "hazardous waste management facility" means hazardous

waste management facility as defined in the Waste Control

Regulation (AR 192/96);

(g) "landfill" means landfill as defined in the Waste Control

Regulation (AR 192/96);

(h) "rural municipality" means a municipal district, improvement

district, special area or the rural service area of a specialized

municipality;

(i) "service road" means a road for the purpose of providing and

consolidating means of access to a controlled highway at a

point where access is permitted by the Minister of

Transportation;

(j) "sour gas" means natural gas having a hydrogen sulphide

content of 10 moles per kilomole or greater, or such lesser or

greater hydrogen sulphide content that the AER may stipulate

in a particular case;

(k) "sour gas facility" means

(

i) any of the following, if it emits, or on failure or on

being damaged may emit, sour gas:

(

A) a gas well as defined in the Oil and Gas

Conservation Rules (AR 151/71);

(

B) a processing plant as defined in the Oil and Gas

Conservation Act;

(

C) a pipeline as defined in the Pipeline Act;

(ii) anything designated by the AER as a sour gas facility

pursuant to

section 3;

(l) "storage site" means storage site as defined in the Waste

Control Regulation (AR 192/96);

(m) "subdivision and development appeal board" includes an

intermunicipal subdivision and development appeal board;

(n) "unsubdivided quarter section" means

(

i) a quarter section, lake lot, river lot or settlement lot that

has not been subdivided except for public or

quasi-public uses or only for a purpose referred to in

section 618 of the Act, or

(ii) a parcel of land that has been created pursuant to

section

86(2)(

d) of the Planning Act, RSA 1980, on or before

July 6, 1988, or pursuant to

section 29.1 of the

Subdivision Regulation (AR 132/78), from a quarter

section, lake lot, river lot or settlement lot if that parcel

of land constitutes more than 1/2 of the area that was

constituted by that quarter section, lake lot, river lot or

settlement lot;

(o) "wastewater collection system" means wastewater collection

system as defined in the Wastewater and Storm Drainage

Regulation (AR 119/93);

(p) "wastewater treatment plant" means wastewater treatment

plant as defined in the Wastewater and Storm Drainage

Regulation (AR 119/93);

(q) "water distribution system" means water distribution system

as defined in the Environmental Protection and Enhancement

Act;

(r) "well licensee" means a licensee as defined in the Oil and

Gas Conservation Act.

(2) The

definitions in

Part 17 of the Act and

section 1 of the Act, to

the extent that they do not conflict with

Part 17, apply to this

Regulation.

Bylaw, plan prevails

2 Nothing in this Regulation may be construed to permit a use of land

unless that use of land is provided for under a statutory plan or is a

permitted or discretionary use under a land use bylaw.

AER designations

3(1) The AER may designate any well, battery, processing plant or

pipeline, as defined in the Oil and Gas Conservation Act, not included

section 1(1)(k)(

i) as a sour gas facility for the purpose of this

Regulation, if it emits, or on failure or on being damaged may emit,

sour gas.

(2) The AER may designate as a sour gas facility for the purpose of

this Regulation

(

a) a well for which a well licence has been issued under the Oil

and Gas Conservation Act,

(

b) a battery, as defined in the Oil and Gas Conservation Act, the

location and construction of which has been approved by the

AER,

(

c) a processing plant, as defined in the Oil and Gas

Conservation Act, forming part of a gas processing scheme

approved by the AER under that Act, or

(

d) a pipeline for which a permit has been issued under the

Pipeline Act

if the operation of the well, battery, processing plant or pipeline has

not commenced at the time the designation is made and the AER is

satisfied that when it is in operation it will emit, or on failure or on

being damaged may emit, sour gas.

(3) The AER must furnish a copy of each designation and each

revocation of a designation made by it under this

section to the

municipality where the affected sour gas facility is or is to be located.

Part 1

Subdivision and Development Appeal

Board Training Requirements

Clerk training requirements

4(1) Before being appointed as a clerk of a subdivision and

development appeal board under

section 627.1 of the Act, a person

must successfully complete a training program set or approved by the

Minister.

(2) A clerk of a subdivision and development appeal board must

complete a refresher training program set or approved by the Minister

every 3 years after that person's appointment.

Board member training requirements

5 A member of a subdivision and development appeal board must,

(

a) before participating in any hearing as a member of a panel of

the board, successfully complete a training program set or

approved by the Minister, and

(

b) every 3 years following that member's appointment,

successfully complete a refresher training program set or

approved by the Minister.

Part 2

Subdivision Applications

Application

6(1) The owner of a parcel of land, or a person authorized by the

owner of a parcel of land, may apply for subdivision of that parcel of

land by submitting a complete application for subdivision to the

appropriate subdivision authority.

(2) Subject to

section 653.1 of the Act, a complete application for

subdivision consists of

(

a) the required fee,

(

b) a copy of the current land title for the land that is the subject

of the application,

(

c) a copy of any agreement made under

section 664.1 of the

Act, and

(

d) at the discretion of the subdivision authority, the information

required under subsections (3) and (4).

(3) The applicant must submit the number of sketches or plans of the

proposed subdivision that the subdivision authority requires, drawn to

the scale that the subdivision authority requires,

(

a) showing the location, dimensions and boundaries of

(

i) the land that is the subject of the application,

(ii) each new lot to be created,

(iii) any reserve land,

(iv) existing rights of way of each public utility, and

(

v) other rights of way,

(

b) clearly outlining the land that the applicant wishes to register

in a land titles office,

(

c) showing the location, use and dimensions of buildings on the

land that is the subject of the application and specifying those

buildings that are proposed to be demolished or moved,

(

d) showing the approximate location and boundaries of the bed

and shore of any body of water that is contained within or

bounds the proposed parcel of land,

(

e) if the proposed lots or the remainder of the titled area are to

be served by individual wells and private sewage disposal

systems, showing

(

i) the location of any existing or proposed wells,

(ii) the location and type of any existing or proposed private

sewage disposal systems, and

(iii) the distance from any wells or disposal systems referred

to in subclause (

i) or (ii) to existing or proposed

buildings and property lines,

and

(

f) showing the existing and proposed access to the proposed

parcels and the remainder of the titled area.

(4) The applicant must submit, as required by the subdivision

authority,

(

a) if a proposed subdivision is not to be served by a water

distribution system, a report that meets the requirements of

section 23(3)(

a) of the Water Act,

(

b) an assessment of subsurface characteristics of the land that is

to be subdivided including but not limited to susceptibility to

slumping or subsidence, depth to water table and suitability

for any proposed on-site sewage disposal system,

(

c) if a proposed subdivision is not to be served by a wastewater

collection system, information supported by the report of a

person qualified to make it respecting the intended method of

providing sewage disposal facilities to each lot in the

proposed subdivision, including the suitability and viability

of that method,

(

d) a description of the use or uses proposed for the land that is

the subject of the application,

(

e) information provided by the AER as set out in AER Directive

079 identifying the location or confirming the absence of any

abandoned wells within the proposed subdivision,

(

f) if an abandoned well is identified in the information

submitted under clause (e),

(

i) a map showing the actual wellbore location of the

abandoned well, and

(ii) a description of the minimum setback requirements in

respect of an abandoned well in relation to existing or

proposed building sites as set out in AER Directive 079,

(

g) information provided by the AER identifying the location of

any active wells, batteries, processing plants or pipelines

within the proposed subdivision,

(

h) if the land that is the subject of an application is located in a

potential flood plain and flood plain mapping is available, a

map showing the 1:100 flood, and

(

i) if any portion of the parcel of land that is the subject of the

application is situated within 1.5 kilometres of a sour gas

facility, information provided by the AER regarding the

location of the sour gas facility.

(5) Subsection (4)(

e) does not apply in respect of an application for

subdivision solely in respect of a lot line adjustment.

(6) Subsection (4)(

e) does not apply if the information to be provided

under subsection (4)(

e) was previously provided to the appropriate

subdivision authority within one year prior to the application date.

(7) The subdivision authority may require an applicant for subdivision

to submit, in addition to a complete application for subdivision,

(

a) a conceptual scheme that relates the application to future

subdivision and development of adjacent areas, and

(

b) any additional information required by the subdivision

authority to determine whether the application meets the

requirements of

section 654 of the Act.

Application referrals

7(1) For the purposes of subsection (6)(d)(

i) and (j), "adjacent" means

contiguous or would be contiguous if not for a river, stream, railway,

road or utility right of way or reserve land.

(2) For the purposes of subsection (6)(e)(i), "adjacent" means

contiguous or would be contiguous if not for a railway, road or utility

right of way or reserve land.

(3) For the purposes of subsection (6)(n), "adjacent land" means land

that is contiguous to the land that is the subject of the application and

includes

(

a) land that would be contiguous if not for a highway, road,

river or stream, and

(

b) any other land identified in a land use bylaw as adjacent land

for the purpose of notifications under

section 692 of the Act.

(4) For the purposes of subsection (6)(k)(i), "adjacent to" means

(

a) contiguous or would be contiguous if not for a highway,

road, river or stream, or

(

b) identified in a land use bylaw as adjacent land for the

purpose of notification under sections 653, 679, 680 and 692

of the Act.

(5) For the purposes of subsection (6)(e)(ii), the Deputy Minister of the

Minister responsible for administration of the Public Lands Act may, in

an agreement with a municipality, further define the term "body of

water" but the definition may not include dugouts, drainage ditches,

man-made lakes or other similar man-made bodies of water.

(6) On an application for subdivision being determined or deemed

under

section 653.1 of the Act to be complete, the subdivision

authority must send a copy to

(

a) each school board that has jurisdiction in respect of land that

is the subject of the application, if the application may result

in the allocation of reserve land or money in place of reserve

land for school board purposes,

(

b) the Deputy Minister of Environment and Parks, if any of the

land that is the subject of the application is within the

distances referred to in

section 17,

(

c) if the proposed subdivision is to be served by a public utility,

as defined in the Public Utilities Act, the owner of that public

utility,

(

d) the Deputy Minister of the Minister responsible for

administration of the Highways Development and Protection

Act, if the land that is the subject of the application is not in a

city and

(

i) is adjacent to a highway, or

(ii) is within 1.6 kilometres of the centre line of a highway

right of way, unless a lesser distance is agreed to by the

Deputy Minister of the Minister responsible for

administration of the Highways Development and

Protection Act and the municipality in which the land

that is the subject of the application is located,

(

e) the Deputy Minister of the Minister responsible for

administration of the Public Lands Act, if the proposed parcel

(

i) is adjacent to the bed and shore of a body of water, or

(ii) contains, either wholly or partially, the bed and shore of

a body of water,

(

f) the Deputy Minister of the Minister responsible for the

administration of the Public Lands Act, if the land that is the

subject of the application is within the Green Area, being that

area established by Ministerial Order under the Public Lands

Act dated May 7, 1985 (M.O. 71/85), as amended or replaced

from time to time, except that for the purposes of this

Regulation the Green Area does not include

(

i) land within an urban municipality, and

(ii) any other land that the Deputy Minister of the Minister

responsible for the administration of the Public Lands

Act states, in writing, may be excluded,

(

g) the AER, in accordance with

section 12(1),

(

h) if an abandoned well is identified on a proposed subdivision,

the well licensee of the abandoned well,

(

i) the Deputy Minister of Environment and Parks, if any of the

land that is the subject of the application is situated within a

Restricted Development Area established under

Schedule 5

of the Government Organization Act,

(

j) the Deputy Minister of Environment and Parks, if any of the

land that is the subject of the application is adjacent to works,

as defined in the Water Act, that are owned by the Crown in

right of Alberta,

(

k) the Deputy Minister of the Minister responsible for the

administration of the Historical Resources Act, if

(

i) any of the land that is the subject of the application is

adjacent to or contains, either wholly or partially,

(

A) land identified on the Listing of Historic Resources

maintained by the Minister responsible for the

administration of the Historical Resources Act, or

(

B) public land set aside for use as a historical site

under the Public Lands Act,

(ii) the Deputy Minister and the municipality have agreed in

writing to referrals in order to identify and protect

historical sites and resources within the land that is the

subject of the application,

(

l) if the land is situated within an irrigation district, the board of

directors of the district,

(

m) the municipality within which the land that is the subject of

the application is located, if the council, municipal planning

commission or a designated officer of that municipality is not

the subdivision authority for that municipality,

(

n) each municipality that has adjacent land within its

boundaries, unless otherwise provided for in the applicable

municipal or intermunicipal development plan, and

(

o) any other persons and local authorities that the subdivision

authority considers necessary.

(7) Notwithstanding subsection (6), a subdivision authority is not

required to send an application for a subdivision described in

section 652(4) of the Act to any person referred to in subsection (6).

(8) Notwithstanding subsection (6), a subdivision authority is not

required to send a complete copy of an application for subdivision to any

person referred to in subsection (6) if the land that is the subject of the

application is contained within either

(

a) an area structure plan, or

(

b) a conceptual scheme described in

section 6(7)(a).

Decision time limit

8 A subdivision authority must make a decision on an application for

subdivision within

(a) 21 days from the date of an application being determined or

deemed under

section 653.1 of the Act to be complete in the

case of an application for a subdivision described in

section

652(4) of the Act if no referrals were made pursuant to

section 7(7),

(b) 60 days from the date of an application under

section 6(1)

being determined or deemed under

section 653.1 of the Act

to be complete, or

(

c) the time agreed to pursuant to

section 681(1)(

b) of the Act.

Relevant considerations

9 In making a decision as to whether to approve an application for

subdivision, the subdivision authority must consider, with respect to

the land that is the subject of the application,

(

a) its topography,

(

b) its soil characteristics,

(

c) storm water collection and disposal,

(

d) any potential for the flooding, subsidence or erosion of the

land,

Act,

(

f) the availability and adequacy of a water supply, a sewage

disposal system and solid waste disposal,

(

g) in the case of land not serviced by a licensed water

distribution and wastewater collection system, whether the

proposed subdivision boundaries, lot sizes and building sites

comply with the requirements of the Private Sewage

Disposal Systems Regulation (AR 229/97) in respect of lot

size and distances between property lines, buildings, water

sources and private sewage disposal systems as identified in

section 6(4)(

b) and (c),

(

h) the use of land in the vicinity of the land that is the subject of

the application, and

(

i) any other matters that it considers necessary to determine

whether the land that is the subject of the application is

suitable for the purpose for which the subdivision is intended.

Reasons for decision

10 The written decision of a subdivision authority provided under

section 656 of the Act must include the reasons for the decision,

including an indication of how the subdivision authority has

considered

(

a) any submissions made to it by the adjacent landowners, and

(

b) the matters listed in

section 9.

Part 3

Subdivision and

Development Conditions

Road access

11 Every proposed subdivision must provide to each lot to be created

by it

(

a) direct access to a road as defined in

section 616(aa) of the

Act, or

(

b) lawful means of access satisfactory to the subdivision

authority.

Sour gas facilities

12(1) A subdivision authority must send a copy of a subdivision

application and a development authority must send a copy of a

development application for a development that results in a permanent

dwelling, public facility or unrestricted country residential

development, as defined by the AER, to the AER if any of the land that

is subject to the application is within 1.5 kilometres of a sour gas

facility or a lesser distance agreed to, in writing, by the AER and the

subdivision authority.

(2) If a copy of a subdivision application or development application

is sent to the AER, the AER must provide the subdivision authority or

development authority with its comments on the following matters in

connection with the application:

(

a) the AER's classification of the sour gas facility;

(

b) minimum development setbacks necessary for the

classification of the sour gas facility.

(3) A subdivision authority and development authority shall not

approve an application that does not conform to the AER's setbacks

unless the AER gives written approval to a lesser setback distance.

(4) An approval under subsection (3) may refer to applications for

subdivision or development generally or to a specific application.

Gas and oil wells

13(1) In this section, "gas or oil well" does not include an abandoned

well.

(2) For the purposes of this section, distances are measured from the

well head to the building or proposed building site.

(3) A subdivision application or a development application shall not

be approved if it would result in a permanent dwelling, public facility

or unrestricted country residential development, as defined by the

AER, being located within 100 metres of a gas or oil well or within a

lesser distance approved in writing by the AER.

(4) An approval of the AER under subsection (3) may refer to

applications for subdivision or development generally or to a specific

application.

Location of abandoned wells

14(1) An application for a development permit in respect of the

following must include information provided by the AER identifying

the location or confirming the absence of any abandoned wells within

the parcel on which the building is to be constructed or, in the case of

an addition, presently exists:

(

a) a new building that will be larger than 47 square metres;

(

b) an addition to or an alteration of an existing building that will

result in the building being larger than 47 square metres.

(2) Subsection (1) does not apply if the information to be provided

under subsection (1) was previously provided to the subdivision or

development authority within one year prior to the application date.

Setback requirements

15(1) Subject to

section 16, an application for the following made on

or after the coming into force of this

section shall not be approved if it

would result in the building site or building being located within the

minimum setback requirements in respect of an abandoned well as set

out in AER Directive 079:

(

a) a subdivision, other than a subdivision solely in respect of a

lot line adjustment;

(

b) a development permit in respect of a building referred to in

section 14(1)(

a) or (b).

(2) For the purposes of this section, distances are measured from the

wellbore to the building site.

Transitional

16(1) In this section, "existing building" means a building that existed

on November 1, 2012.

(2) An application for a development permit in respect of the

following shall not be approved if it would result in a building being

located within the minimum setback requirements in respect of an

abandoned well as set out in AER Directive 079, unless with respect to

that building the development authority varies those minimum setback

requirements after consulting with the well licensee, and the building

will not encroach further onto the abandoned well:

(

a) an addition to or an alteration of

(

i) an existing building that is larger than 47 square metres,

(ii) an existing building that will result in the building being

larger than 47 square metres;

(

b) a repair to or the rebuilding of an existing building larger

than 47 square metres that is damaged or destroyed to the

extent of more than 75% of the value of the building above

its foundation.

Distance from wastewater treatment, landfill, waste sites

17(1) In this section,

(a) "disposal area" means those areas of a parcel of land

(

i) that have been used and will not be used again for the

placing of waste material, or

(ii) where waste processing or a burning activity is

conducted in conjunction with a hazardous waste

management facility or landfill;

(b) "professional engineer" means professional engineer as defined

in the Engineering and Geoscience Professions Act;

(c) "working area" means those areas of a parcel of land

(

i) that are currently being used or will be used for the

processing of wastewater,

(ii) that are currently being used or that still remain to be

used for the placing of waste material, or

(iii) where waste processing or a burning activity is

conducted in conjunction with a hazardous waste

management facility, landfill or storage site.

(2) Subject to subsection (6), a subdivision authority shall not approve

an application for subdivision for school, hospital or residential use

(

a) unless

(

i) the property line of the proposed lot for school, hospital

or residential use is 300 metres or more from the

working area of an operating wastewater treatment

plant, or

(ii) on considering the matters referred to in

section 9, each

proposed lot includes a suitable building site for school,

hospital or residential use that is 300 metres or more

from the working area of an operating wastewater

treatment plant,

(

b) if the application would result in a property line of a lot

created by subdivision for any of those uses being located

(

i) within 450 metres of the working area of an operating

landfill,

(ii) within 300 metres of the disposal area of an operating or

non-operating landfill,

(iii) within 450 metres of the working area or disposal area

of an operating or a non-operating hazardous waste

management facility, or

(iv) within 300 metres of the working area of an operating

storage site.

(3) Subject to subsection (6), a development authority shall not issue a

development permit for a school, hospital or residence, nor may a

school, hospital or residence be constructed, if the building site

(

a) is within 300 metres of the working area of an operating

wastewater treatment plant,

(

b) is within 450 metres of the working area of an operating

landfill,

(

c) is within 300 metres of the disposal area of an operating or

non-operating landfill,

(

d) is within 450 metres of the working area or disposal area of a

non-operating hazardous waste management facility,

(

e) is within 450 metres of the working area or disposal area of

an operating hazardous waste management facility, or

(

f) is within 300 metres of the working area of an operating

storage site.

(4) Subject to subsection (6), a development authority shall not issue a

permit for the purposes of developing a wastewater treatment plant

unless the working area of the wastewater treatment plant is situated at

least 300 metres from the building site for an existing or a proposed

school, hospital or residence.

(5) Subject to subsection (6), a subdivision authority shall not approve

an application for subdivision, and a development authority shall not

issue a permit, for the purposes of developing a wastewater treatment

plant, landfill, hazardous waste management facility or storage site

unless

(

a) with respect to a wastewater treatment plant, the working

area of the wastewater treatment plant is situated at least 300

metres,

(

b) with respect to a landfill,

(

i) the working area of a landfill is situated at least 450

metres, and

(ii) the disposal area of the landfill is situated at least 300

metres,

(

c) with respect to a hazardous waste management facility, the

working area or disposal area of a hazardous waste

management facility is situated at least 450 metres, and

(

d) with respect to a storage site, the working area of a storage

site is situated at least 300 metres

from the property line of a school, hospital or residential use or

building site proposed for a school, hospital or residence.

(6) The requirements contained in subsections (2) to (5) may be varied

by a subdivision authority or a development authority if the applicant

submits a report from a professional engineer that addresses the criteria

for a variance stipulated in the Guideline for Setback Reviews

published by the Department of Environment and Parks in May, 2022,

as amended from time to time.

(7) A variance under subsection (6) may be for the purpose of

applications for subdivision or development generally or for the

purpose of a specific application.

Distance from highway

18 Subject to

section 20, a subdivision authority shall not in a

municipality other than a city approve an application for subdivision if the

land that is the subject of the application is within 1.6 kilometres of the

centre line of a highway right of way unless

(

a) the land is to be used for agricultural purposes on parcels that

are 16 hectares or greater,

(

b) a single parcel of land is to be created from an unsubdivided

quarter

section to accommodate an existing residence and

related improvements if that use complies with the land use

bylaw,

(

c) an undeveloped single residential parcel is to be created from

an unsubdivided quarter

section and is located at least 300

metres from the right of way of a highway if that use

complies with the land use bylaw,

(

d) the land is contained within an area where the municipality

and the Minister of Transportation have a highway vicinity

management agreement and the proposed use of the land is

permitted under that agreement, or

(

e) the land is contained within an area structure plan

satisfactory to the Minister of Transportation at the time of

the application for subdivision and the proposed use of the

land is permitted under that plan.

Service roads

19(1) In this section, "provide" means dedicate by caveat or by survey

or construct, as required by the subdivision authority.

(2) Subject to

section 20, if the land that is the subject of an

application for subdivision is within an area described in

section

7(6)(d), a service road satisfactory to the Minister of Transportation

must be provided.

(3) Subsection (2) does not apply if the proposed parcel complies with

section 18 and access to the proposed parcel of land and remnant title

is to be solely by means other than a highway.

Waiver

20(1) The requirements of sections 18 and 19 may be varied by a

subdivision authority with the written approval of the Minister of

Transportation.

(2) An approval under subsection (1) may refer to applications for

subdivision generally or to a specific application.

Security conditions

21(1) A development authority may

(

a) require an applicant for a development permit to provide

information regarding the security and crime prevention

features that will be included in the proposed development,

and

(

b) attach conditions to the development permit specifying the

security and crime prevention features that must be included

in the proposed development.

(2) Subsection (1) applies even if the land use bylaw does not provide

for those conditions to be attached to a development permit.

Approval by council not part of development

permit application

22 A development authority may not require, as a condition of a

completed development permit application, the submission to and

approval by council of a report regarding the development.

Part 4

Registration, Deferral

and Endorsement

Registration

23 A proposed plan of subdivision must comply with

section 665(2)

of the Act.

Deferral

24 If a subdivision authority orders that the requirement to provide

all or part of municipal reserve, school reserve or municipal and school

reserve be deferred, the caveat required to be filed in a land titles office

under

section 669 of the Act must be filed in accordance with the

requirements of the land titles office for registration of a deferred

reserve caveat on title.

Endorsement

25 When a subdivision authority endorses an instrument pursuant to

section 657 of the Act, the endorsement must contain at least the

following information:

(

a) the percentage of school reserve or municipal reserve or

municipal and school reserve required to be provided under

the Act, if any;

(

b) the percentage of money required to be provided in place of

all or part of the reserve land referred to in clause (a), if any;

(

c) the percentage of reserve land referred to in clause (

a) ordered to be deferred, if any;

(

d) the area covered by an environmental reserve easement,

if any.

Part 5

Provincial Appeals

LPRT distances

26(1) In this section,

(a) "waste management facility" means a landfill, hazardous

waste management facility or storage site;

(b) "wastewater treatment plant" means a sewage treatment

facility.

(2) In

section 678(2)(a)(i)(

B) of the Act and subsection (3)(e)(i),

"historical site" means land identified on the Listing of Historic

Resources maintained by the Minister responsible for the

administration of the Historical Resources Act.

(3) The following are the distances for the purposes of

section

678(2)(

a) of the Act with respect to land that is subject to an

application for subdivision:

(

a) the distance with respect to a body of water described in

section 7(6)(e);

(

b) the distance, from a highway, described in

section 18 or the

distance, from a highway, described in an agreement under

section 7(6)(d)(ii);

(

c) the distance, described in

section 17, from a wastewater

treatment plant;

(

d) the distances, described in

section 17, from the disposal area

and working area of a waste management facility;

(

e) the distance with respect to

(

i) a historical site, or

(ii) a historical site or a historical resource described in an

agreement under

section 7(6)(k)(ii).

Appeals removed from list

27(1) The following are removed from the list of circumstances where

a notice of appeal of a decision of a development authority may be

filed with the Land and Property Rights Tribunal:

(

a) an appeal where the land that is the subject of the application

is within the Green Area as classified by the Minister

responsible for the Public Lands Act, as referred to in

section

685(2.1)(a)(i)(

A) of the Act;

(

b) an appeal where the land that is the subject of the application

contains, is adjacent to or is within the prescribed distance of

a highway, a body of water, a sewage treatment or waste

management facility or a historical site, as referred to in

section 685(2.1)(a)(i)(

B) of the Act.

(2) Subject to subsections (3) and (4), the appeals referred to in

subsection (1) may be commenced by filing a notice of appeal with the

subdivision and development appeal board.

(3) If the land that is the subject of an appeal referred to in subsection

(1) is subject to a licence, permit, approval or other authorization

referred to in

section 685(2.1)(a)(i)(

C) or (

D) of the Act, then, despite

subsection (1), the appeal may be commenced by filing a notice of

appeal with the Land and Property Rights Tribunal.

(4) Subsection (1) does not apply to an appeal if the notice of appeal

was filed with the Land and Property Rights Tribunal before May 12,

Appeals related to designated land

28 The circumstances listed in sections 678(2)(a)(

i) and 685(2.1)(a)(

i) of the Act where a notice of appeal may be filed with the Land and

Property Rights Tribunal do not include appeals where the land that is

the subject of the application is designated land as defined in the

Canmore Undermining Review Regulation (AR 34/2020).

Additional circumstances where appeal may be filed

29(1) In this section, "Minister" means the Minister of Environment

and Parks.

(2) In addition to the circumstances listed in sections 678(2)(a)(

i) and

685(2.1)(a)(

i) of the Act, a notice of appeal may be filed with the Land

and Property Rights Tribunal where the land that is the subject of the

application is the subject of a licence, permit, approval or other

authorization granted by the Minister or granted under any Act the

Minister is responsible for under

section 16 of the Government

Organization Act.

(3) Subsection (2) does not apply where the land that is the subject of

the application is designated land as defined in the Canmore

Undermining Review Regulation (AR 34/2020).

Part 6

Transitional, Repeal, Expiry and Coming

into Force

Transitional

30 An application for subdivision or development made under the

Subdivision and Development Regulation (AR 43/2002) and received

by the appropriate subdivision authority or development authority on

or before May 31, 2022 shall be continued to its conclusion under that

Regulation as if that Regulation had remained in force and this

Regulation had not come into force.

Repeal

31 The Subdivision and Development Regulation (AR 43/2002), the

Subdivision and Development Appeal Board Regulation

(AR 195/2017) and the Subdivision and Development Appeal

Regulation (AR 94/2021) are repealed.

Expiry

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

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

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

Regulation expires on May 31, 2032.

Coming into force

33 This Regulation comes into force on June 1, 2022.

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

Alberta Regulation 85/2022

Public Health Act

FOOD AMENDMENT REGULATION

Filed: May 25, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 151/2022)

on May 25, 2022 pursuant to

section 66 of the Public Health Act.

1 The Food Regulation (AR 31/2006) is amended by this

Regulation.

Section 32 is repealed and the following is substituted:

Live animals

32(1) In this section, "patio" means an outdoor area of a

commercial food establishment intended for the consumption of

food.

(2) Subject to subsections (3), (4) and (5), a live animal must not be

permitted to enter or remain in a commercial food establishment.

(3) An operator must permit a service animal to enter or remain in a

commercial food establishment to the extent that the law gives

service animal handlers rights with respect to that food

establishment.

(4) An operator may permit a dog to enter or remain on a patio if

(

a) the operator ensures that the dog accesses the patio without

entering an interior food handling area, and

(

b) a person has physical control of the dog using a leash, carrier

or other restraint at all times.

(5) An executive officer may authorize the presence of a live animal

other than those referred to in subsections (3) or (4) in a commercial

food establishment.

Section 55 is amended by striking out "June 30, 2022" and

substituting "June 30, 2027".

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

Alberta Regulation 86/2022

Business Corporations Act

BUSINESS CORPORATIONS AMENDMENT REGULATION

Filed: May 25, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 153/2022)

on May 25, 2022 pursuant to

section 266 of the Business Corporations Act.

1 The Business Corporations Regulation (AR 118/2000) is

amended by this Regulation.

Section 21 is amended

(

a) by renumbering subsection (1) as subsection

(1.1) and by adding the following before subsection

(1.1):

(1) For the purposes of this section,

(a) "generally accepted accounting principles of Canada"

means the generally accepted accounting principles as

set out in the CPA Canada Handbook - Accounting by

the Chartered Professional Accountants of Canada, as

amended from time to time;

(b) "generally accepted accounting principles of the United

States" means the generally accepted accounting

principles established by the Financial Accounting

Standards Board of the United States, as amended from

time to time;

(c) "SEC" means the United States Securities and

Exchange Commission;

(d) "SEC registrant" means a corporation that

(

i) has securities registered under

section 12 of the

Securities Exchange Act of 1934 (United States),

as amended from time to time, or is required to file

reports under

section 15(

d) of that Act, and

(ii) is not registered or required to be registered as an

investment company under the Investment

Company Act of 1940 (United States), as amended

from time to time.

(

b) by repealing subsection (1.1)(

c) and substituting

the following:

(

c) be prepared in accordance with the generally accepted

accounting principles of Canada, and

(

c) by repealing subsection (2) and substituting the

following:

(2) Notwithstanding subsection (1.1)(c), the financial statements

of a SEC registrant may be prepared in accordance with the

generally accepted accounting principles of the United States.

(2.1) The financial statements of a SEC registrant must contain a

note stating whether the statements have been prepared in

accordance with the generally accepted accounting principles of

Canada or the generally accepted accounting principles of the

United States.

Section 56 is amended by striking out "December 31, 2022"

and substituting "December 31, 2024".

4 This Regulation comes into force on May 31, 2022.

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

Alberta Regulation 87/2022

Land Titles Act

TARIFF OF FEES (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: May 25, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 154/2022)

on May 25, 2022 pursuant to sections 164 and 214 of the Land Titles Act

1 The Tariff of Fees Regulation (AR 120/2000) is amended

by this Regulation.

Section 17 is amended by striking out "June 30, 2022" and

substituting "June 30, 2025".

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

Alberta Regulation 88/2022

Education Act

CHARTER SCHOOLS EXEMPTION AND

APPLICATION (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: May 25, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 155/2022)

on May 25, 2022 pursuant to

section 27 of the Education Act.

1 The Charter Schools Exemption and Application

Regulation (AR 76/2019) is amended by this Regulation.

Section 3 is amended by striking out "August 31, 2022" and

substituting "August 31, 2024".

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

Alberta Regulation 89/2022

Student Financial Assistance Act

STUDENT FINANCIAL ASSISTANCE

AMENDMENT REGULATION

Filed: May 25, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 160/2022)

on May 25, 2022 pursuant to

section 22 of the Student Financial Assistance Act.

1 The Student Financial Assistance Regulation

(AR 298/2002) is amended by this Regulation.

Schedule 1 is amended

(

a) in

section 1(1)

(

i) by repealing clause (

f) and substituting the

following:

(f) "full-time student" means, subject to subsection

(4), a student who is enrolled in not less than

(i) 60%, or

(ii) 40% if a student has a permanent disability or

a persistent or prolonged disability,

of a full-time program of study in the semester in

question at one or more post-secondary

educational institutions;

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

(j.1) "permanent disability" means any impairment,

including a physical, mental, intellectual,

cognitive, learning, communication or sensory

impairment, or a functional limitation that restricts

the ability of a person to perform the daily

activities necessary to pursue studies at a

post-secondary level or to participate in the labour

force and that is expected to remain with the

person for their lifetime;

(j.2) "persistent or prolonged disability" means any

impairment, including a physical, mental,

intellectual, cognitive, learning, communication or

sensory impairment, or a functional limitation that

restricts the ability of a person to perform the daily

activities necessary to pursue studies at a

post-secondary level or to participate in the labour

force and has lasted, or is expected to last, for a

period of at least 12 months but is not expected to

remain with the person for their lifetime;

(iii) by repealing clause (p);

(

b) in

section 29(

b) by striking out "is or becomes a student

with a disability and, as a result" and substituting "has a

permanent disability and, as a result, is";

(

c) The following is added at the end of

Schedule 1:

Transitional

Transitional - former

schedule

40(1) In this section, "former schedule" means

Schedule 1 of the

Student Financial Assistance Regulation (AR 298/2002) as it read

immediately before July 1, 2022.

(2) The former

schedule applies in respect of a debt written off by

the Minister under

section 29 if it is written off before August 1,

Schedule 2 is amended

(

a) in

section 1(1)

(

i) by repealing clause (

h) and substituting the

following:

(h) "full-time student" means, subject to subsections

(5) and (6), a student who is enrolled in not less

than

(i) 60%, or

(ii) 40% if a student has a permanent disability or

a persistent or prolonged disability,

of a full-time program of study in the semester in

question at one or more post-secondary

educational institutions;

(ii) by repealing clause (

m) and substituting the

following:

(m) "part-time student" means a student who is

enrolled in a program in the semester in question at

one or more post-secondary educational

institutions and is not a full-time student;

(iii) by adding the following after clause (m):

(m.1) "permanent disability" means any impairment,

including a physical, mental, intellectual,

cognitive, learning, communication or sensory

impairment, or a functional limitation that restricts

the ability of a person to perform the daily

activities necessary to pursue studies at a

post-secondary level or to participate in the labour

force and that is expected to remain with the

person for their lifetime;

(m.2) "persistent or prolonged disability" means any

impairment, including a physical, mental,

intellectual, cognitive, learning, communication or

sensory impairment, or a functional limitation that

restricts the ability of a person to perform the daily

activities necessary to pursue studies at a

post-secondary level or to participate in the labour

force and has lasted, or is expected to last, for a

period of at least 12 months but is not expected to

remain with the person for their lifetime;

(iv) by repealing clause (r);

(

b) by repealing

section 19 and substituting the

following:

Grant for Students with Disabilities

19 The Minister may award financial assistance in the form

of a Grant for Students with Disabilities, in an amount not

exceeding $3000 per loan year, to an eligible student who

requires special financial help in the Minister's opinion and

(

a) has a permanent disability, or

(

b) has a persistent or prolonged disability.

(

c) in

section 31(

b) by striking out "is or becomes a student

with a disability and, as a result," and substituting "has a

permanent disability and, as a result, is";

(

d) by adding the following after

section 34:

Part 3

Transitional

Transitional - former

schedule

35(1) In this section, "former schedule" means

Schedule 2 of the

Student Financial Assistance Regulation (AR 298/2002) as it read

immediately before July 1, 2022.

(2) The former

schedule applies in respect of

(

a) financial assistance for a program if the program starts before

August 1, 2022,

(

b) a debt written off by the Minister under

section 31 if it is

written off before August 1, 2022, and

(

c) repayment assistance under

section 34 if the assistance starts

before August 1, 2022.

4 This Regulation comes into force on July 1, 2022.

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

Alberta Regulation 90/2022

Marketing of Agricultural Products Act

ALBERTA BEEKEEPERS COMMISSION

AMENDMENT REGULATION

Filed: May 27, 2022

For information only: Made by the Alberta Beekeepers Commission on February 25,

2022 and approved by the Alberta Agricultural Products Marketing Council on

March 3, 2022 pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Beekeepers Commission Regulation

(AR 73/2006) is amended by this Regulation.

2 Sections 2 and 3 are repealed and the following is

substituted:

Service charge

2(1) Every producer with 100 or more colonies in Alberta must pay

to the Commission an annual service charge of

(a) $200,

plus

(

b) the amount per colony established in accordance with

subsection (2).

(2) The Commission may each year establish the amount of per

colony service charge referred to in subsection (1)(

b) to a maximum

of $2 per colony per year.

Variation of service charge

3 The Commission may vary the amount of the service charge

referred to in

section 2(1)(

a) or increase the amount of the per colony

service charge above the maximum referred to in

section 2(2) if the

variation or increase is approved

(

a) by a general vote of the eligible producers at an annual

Commission meeting or special Commission meeting, and

(

b) by the Council.

Section 10 is amended by striking out "May 31, 2022" and

substituting "May 31, 2026".

4 The following is added after

section 10:

Transitional

10.1 Until the Commission establishes the amount of per colony

service charge under

section 2(2), the amount of per colony service

charge for the purposes of

section 2(1)(

b) is $1.35 per colony per

year.

5 Sections 2 and 4 come into force on September 1, 2022.

Alberta Regulation 91/2022

Marketing of Agricultural Products Act

ALBERTA BEEKEEPERS COMMISSION

PLAN REGULATION

Filed: May 27, 2022

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

Economic Development (M.O. 022/2022) on May 26, 2022 pursuant to

section 23 of

the Marketing of Agricultural Products Act.

Table of Contents

Definitions

2 Beekeeping industry

3 Designation of agricultural product

Part 1

General Operation of Plan

Division 1

Plan

4 Plan continued

5 Termination of Plan

6 Application of Plan

7 Purposes of Plan

Division 2

Operation of Plan by Commission

8 Commission continued

9 Functions of Commission

10 Information

11 Operation of Plan re regulations

12 Financing of Plan

13 Service charges refundable

14 Prohibition re funds under the Act

Part 2

Governance of Plan

Division 1

Regions and Directors

15 Regions

16 Board of Directors

17 Election of directors

Division 2

Controverted Election, Vacancy

18 Controverted election

19 Vacancy

Part 3

Review, Transitional and Repeal

20 Review

21 Transitional

22 Repeal

Definitions

1 In this Regulation,

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

(b) "annual Commission meeting" means an annual general

meeting of the directors and the eligible producers;

(c) "bee" means the insect Apis mellifera L;

(d) "bee products" means an agricultural product as defined

under

section 3, except bees;

(e) "bylaws" means the bylaws made by the Commission

pursuant to

section 26(2.1) of the Act;

(f) "colony" means a distinguishable localized population of

bees and includes a mating nucleus;

(g) "Commission" means the commission known as the Alberta

Beekeepers Commission referred to in

section 8;

(h) "Council" means the Alberta Agricultural Products

Marketing Council;

(i) "crop year" means a 12-month period commencing on

September 1 and terminating on the following August 31;

(j) "director" means a director of the Commission;

(k) "eligible producer" means a producer who qualifies as an

eligible producer under the bylaws;

(l) "hive" means a container for housing colonies of bees, honey

and bee products;

(m) "hive products" means products from a hive other than honey

and includes wax, pollen, royal jelly, propolis and venom;

(n) "honey" means the natural sweet substance produced by bees

from the nectar of plants or from secretions of living parts of

plants or excretions of plant sucking insects on the living

parts of plants, which the bees collect, transform by

combining with specific substances of their own, deposit,

dehydrate, store and leave in a honey comb to ripen and

mature;

(o) "honey products" means any product that contains honey;

(p) "marketing"

(

i) means buying, owning, selling, offering for sale,

storing, grading, assembling, packing, transporting,

advertising and financing, and

(ii) includes any other function or activity designated as

marketing by the Minister;

(q) "mating nucleus" means a small colony of bees primarily

used for mating honey bee queens or for keeping bees

temporarily;

(r) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act,

(ii) any unincorporated organization that is not a partnership

referred to in subclause (i), and

(iii) any group of individuals who are carrying on an activity

for a common purpose and are neither a partnership

referred to in subclause (

i) nor an unincorporated

organization referred to in subclause (ii);

(s) "Plan" means the Alberta Beekeepers Commission Plan

referred to in

section 4;

(t) "pollinator bees" means the insect Apis mellifera L that is

hired out to pollinate a crop;

(u) "producer" means a person who maintains colonies of bees;

(v) "region" means a region established in

section 15;

(w) "regulated product" means colonies of bees;

(x) "special Commission meeting" means a special general

meeting of the directors and the eligible producers.

Beekeeping industry

2 In this Regulation, a reference to the beekeeping industry includes

references to the following:

(

a) honey;

(

b) honey products;

(

c) pollinating services;

(

d) bees, including queen bees, package bees and pollinator bees;

(

e) colonies of bees;

(

f) bee products.

Designation of agricultural product

3 Bees, honey, beeswax, bee pollen, propolis, royal jelly, bee venom,

honey products and bee products are designated as agricultural

products for the purposes of the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan continued

4 The Alberta Beekeepers Commission Plan established under the

Alberta Beekeepers Commission Plan Regulation (AR 59/2006) is

hereby amended and continued under this Regulation.

Termination of Plan

5 The Plan does not terminate at the conclusion of a specific period

of time and remains in force unless otherwise terminated pursuant to

the Act.

Application of Plan

6(1) The Plan applies

(

a) to all of Alberta, and

(

b) to all producers who do one or more of the following:

(

i) produce or maintain colonies of bees on land located in

Alberta;

(ii) market the regulated product within Alberta.

(2) The Plan does not apply to producers with respect to any regulated

product that is produced

(

a) on land not located in Alberta, or

(

b) by a producer who maintains fewer than 100 colonies of

bees.

Purposes of Plan

7(1) The purposes of the Plan are to do the following:

(

a) to initiate and carry out projects or programs related to

research and development and studies with respect to the

beekeeping industry and to the production and handling of

honey, including research and studies concerning the

development and use of honey, honey products and hive

products;

(

b) to assist, educate and inform producers, dealers and

processors in developing and improving the beekeeping

industry and methods regarding the production and

processing of honey, honey products and hive products;

(

c) generally to assist in the development and promotion of the

beekeeping industry in Alberta;

(

d) to advise governments on matters concerning the beekeeping

industry;

Government of Alberta with respect to the maintenance of

the quality and standards of the regulated product;

(

f) to work with any other organization that has similar

objectives to those of the Commission;

(

g) to act as an agent on behalf of producers in respect of matters

relating to the Canada Revenue Agency's Scientific Research

and Experimental Development Program as it applies to the

beekeeping industry.

(2) Under the Plan neither the production nor the marketing of the

regulated product is to be controlled or regulated.

Division 2

Operation of Plan by Commission

Commission continued

8 The Alberta Beekeepers Commission is hereby continued.

Functions of Commission

9 The Commission is, subject to the Act, responsible for the

operation, regulation, supervision and enforcement of the Plan, the

regulations made by the Commission and the bylaws.

Information

10(1) In this section, "beekeeper" means a beekeeper as defined in the

Bee Act.

(2) The Minister is authorized to disclose the following information to

the Commission for use by the Commission in carrying out its

functions and duties:

(

a) information, including personal information as defined in the

Freedom of Information and Protection of Privacy Act, that

has been collected by or used by the Minister under the Act

and the regulations and that relates to the administration of

the Plan, including

(

i) a list of eligible producers and the region where each

eligible producer operates, and

(ii) a list of every producer who has 100 or more colonies

and is required to pay a service charge, including the

assessment, charging and collection of service charges;

(

b) information, including personal information as defined in the

Freedom of Information and Protection of Privacy Act, that

has been collected by or used by the Provincial Apiculturist

under the Bee Act, including the full name, address,

telephone number and number of colonies owned by a

beekeeper who registers with the Provincial Apiculturist

under the Bee Act.

Operation of Plan re regulations

11(1) For the purposes of enabling the Commission to operate the

Plan, the Commission may be empowered by the Council, pursuant to

section 26 of the Act, to make regulations

(

a) requiring any person who produces, markets or processes the

regulated product to furnish to the Commission any

information or record relating to the production, marketing or

processing of the regulated product that the Commission

considers necessary;

(

b) requiring persons other than producers to be licensed under

the Plan before they become engaged in the marketing and

processing, or either of those functions, of the regulated

product;

(

c) governing the issuance, suspension or cancellation of a

licence issued under the Plan;

(

d) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the

purposes of the Plan, and

(ii) the taking of legal action to enforce payment of the

service charges;

(

e) respecting the circumstances, if any, under which a service

charge may be refunded to a producer;

(

f) requiring any person who receives the regulated product from

a producer

(

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

service charges payable by the producer to the

Commission, and

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

(

g) providing for the use of any class of service charges or other

money payable to or received by the Commission for the

purpose of paying its expenses and administering the Plan,

the regulations made by the Commission and the bylaws.

(2) Notwithstanding subsection (1)(a), the Commission shall not

require any producer who keeps fewer than 100 colonies to furnish to

the Commission any information or record relating to the production,

marketing or processing of the regulated product.

Financing of Plan

12 In accordance with the regulations,

(

a) the Plan is to be financed by

(

i) the charging and collection of service charges from

producers, and

(ii) any other money payable to or received or accrued by

the Commission,

and

(

b) every producer who has 100 or more colonies of bees shall

pay a service charge in the amount determined under the

regulations.

Service charges refundable

13(1) In accordance with the regulations,

(

a) the service charge is refundable to a producer on request of

the producer,

(

b) the request for a refund of the service charge must

(

i) be made in writing on a form established by the

Commission, and

(ii) contain the following information:

(

A) the producer's name;

(

B) the producer's mailing address and telephone

number;

(

C) the number of colonies registered under the Bee

Act;

(

D) any specifics of the refund that are requested by

the Commission,

(

c) requests for refunds in respect of a service charge must be

received by the Commission at its office prior to the end of

October in the same crop year for which the service charge

applies,

(

d) any request for a refund that is not received by the

Commission within the time period specified under clause (

c) shall not, subject to clause (e), be considered by the

Commission and the producer will not be entitled to a refund

in respect of which the request was made,

(

e) the Commission may, if it is satisfied that extenuating

circumstances exist that warrant its doing so, consider an

application for a refund that is received after the applicable

time period referred to in clause (c), and

(

f) the Commission must refund the service charge to the

producer

(

i) within 90 days after a request for a refund is received by

the Commission, in the case of a request received under

clause (c), or

(ii) within 90 days after a request for a refund is received,

considered and accepted by the Commission, in the case

of a request received under clause (e).

(2) In the event that within the period of time that makes up a crop

year

(

a) the eligible producers requesting a refund of the service

charge comprise more than 35% of existing eligible

producers, and

(

b) those eligible producers requesting a refund under clause (

a) account for at least 35% of the service charges collected

during the current crop year,

the Council may direct that the continued operation of the Plan is

subject to approval by a majority of producers at a plebiscite to be held

under the direction of the Council pursuant to the Act.

(3) The Commission must, within 90 days following the end of a crop

year, report to the Council the refunds made under this

section for that

crop year.

Prohibition re funds under the Act

14 The Commission shall not establish a fund under

section 34 or 35

of the Act.

Part 2

Governance of Plan

Division 1

Regions and Directors

Regions

15(1) For the purposes of the Plan and the bylaws, Alberta is divided

into 4 regions.

(2) The area included in each region is as set out in the bylaws.

Board of Directors

16 The Commission shall have a Board of Directors consisting of 9

directors made up as follows:

(a) 4 regional directors, being one regional director for each

region;

(b) 5 directors at large.

Election of directors

17(1) An election of directors is to be conducted

(

a) at or in conjunction with the annual Commission meeting, or

(

b) at or in conjunction with a special Commission meeting,

where the Council directs under

section 18(5)(

a) that an

election be held

by means of a vote of eligible producers in accordance with the

procedures set out in the bylaws.

(2) An eligible producer may vote only once for each director position

open at an election notwithstanding that the eligible producer may

manage, operate, own, lease or hold equity in 2 or more operations.

Division 2

Controverted Election, Vacancy

Controverted election

18(1) If an eligible producer questions

(

a) the eligibility of a candidate,

(

b) the eligibility of a voter,

(

c) any matter relating to a ballot or the tabulation of ballots, or

(

d) any other irregularity with respect to the conduct of an

election,

that eligible producer may, not later than 15 days after the day of the

election, apply in writing to the Council to have the election declared

invalid and the position declared vacant.

(2) If the Council has not received an application under subsection

(1) within the 15-day period referred to in subsection (1), an individual

elected at that election is deemed to be duly elected.

(3) The Council shall not consider an application under subsection

(1) that is not received by the Council within 15 days after the day of the

election.

(4) On receipt of an application under subsection (1), the Council shall

consider the matter and may

(

a) declare the election to be proper and the position filled if, in

the opinion of the Council, there is no basis for the

application,

(

b) declare the election to be proper and the position filled

notwithstanding that there is a basis for the application, if, in

the opinion of the Council,

(

i) the basis for the application did not materially affect the

result of the election, and

(ii) the election was conducted substantially in accordance

with the Plan, the bylaws and the Act,

(

c) declare the election to be void and the position vacant if, in

the opinion of the Council, there is a basis for the application

and the basis is sufficient to or did affect the result of the

election.

(5) If the Council declares an election to be void and the position

vacant, the Council may

(

a) order that, within the time that the Council considers proper,

a special Commission meeting be held and an election

conducted to fill the vacant position for the unexpired portion

of the term, or

(

b) have the Board of Directors fill the vacant position in

accordance with

section 19.

(6) Notwithstanding that an election is declared void and a position is

declared vacant under subsection (4)(c), the bylaws may provide that the

term of office of the position is deemed to have commenced on the day

that the election that was declared void was held.

Vacancy

19 If a vacancy occurs on the Board of Directors, or fewer than the

required number of directors have been elected in accordance with

section 17, the Board of Directors may, in accordance with the bylaws

and with the approval of the Council, appoint from among the eligible

producers who are eligible to be elected as a director an individual to

fill the vacant position for the unexpired portion of the term.

Part 3

Review, Transitional and Repeal

Review

20 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before May 31, 2026.

Transitional

21 Where an individual is a director immediately before the coming

into force of this Regulation, that individual continues to be a director

until the expiry of that individual's term of office in accordance with

the Plan and the bylaws unless

(

a) the individual is removed or resigns from office, or

(

b) the bylaws reduce the term of office for that position.

Repeal

22 The Alberta Beekeepers Commission Plan Regulation

(AR 59/2006) is repealed.

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

Alberta Regulation 92/2022

Rural Utilities Act

RURAL UTILITIES (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 173/2022)

on June 1, 2022 pursuant to

section 55 of the Rural Utilities Act

1 The Rural Utilities Regulation (AR 151/2000) is amended

by this Regulation.

Section 20 is amended by striking out "September 30, 2022"

and substituting "September 30, 2025".

Alberta Regulation 93/2022

Environmental Protection and Enhancement Act

ADMINISTRATIVE PENALTY (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 179/2022)

on June 1, 2022 pursuant to

section 239 of the Environmental Protection and

Enhancement Act.

1 The Administrative Penalty Regulation (AR 23/2003) is

amended by this Regulation.

Section 6 is amended by striking out "June 30, 2022" and

substituting "June 30, 2024".

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

Alberta Regulation 94/2022

Queen Elizabeth II Platinum Jubilee

Recognition Act

QUEEN ELIZABETH II'S PLATINUM JUBILEE

MEDAL (ALBERTA) REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 180/2022)

on June 1, 2022 pursuant to

section 8 of the Queen Elizabeth II Platinum Jubilee

Recognition Act.

Table of Contents

Definitions

2 Distribution partners

3 Distribution of medals

4 Submission of nominations

5 Awarding medals

6 Certificates

7 Expiry

8 Coming into force

Definitions

1 In this Regulation,

(a) "distribution partner" means an individual or organization

designated under

section 2;

(b) "medal" means the Queen Elizabeth II's Platinum Jubilee

Medal (Alberta) granted under

section 2 of the Act;

(c) "Minister" means the Minister determined under

section 16 of

the Government Organization Act as the Minister responsible for

the Queen Elizabeth II Platinum Jubilee Recognition Act.

Distribution partners

2(1) Each of the following individuals and organizations are

designated, for the purposes of

section 2 of the Act, as distribution

partners:

(

a) the Lieutenant Governor of Alberta;

(

b) each Member of the Legislative Assembly;

(

c) the Leader of Her Majesty's loyal opposition;

(

d) any other individual or organization designated by the

Minister.

(2) A distribution partner may nominate individuals to be granted a

medal for the purposes of

section 2 of the Act.

Distribution of medals

3 The Minister shall determine the number of medals allocated to

each distribution partner and may distribute the medals to each

distribution partner.

Submission of nominations

4(1) A distribution partner may nominate individuals that

(

a) have made a significant contribution to Canada, Alberta or a

particular community,

(

b) are Canadian citizens or permanent residents, and

(

c) were alive on February 6, 2022.

(2) A distribution partner shall submit the names of individuals

nominated under subsection (1) to the Minister for approval and shall

include the information referred to under subsection (1) and any other

information requested by the Minister in a form established by the

Minister.

Awarding medals

5 After the nominated individuals have been approved by the

Minister, a distribution partner may, on the request of the Minister,

present the medals allocated to the distribution partner to the

recipients.

Certificates

6(1) A certificate may be issued to an individual who is the recipient

of a medal.

(2) A certificate issued under subsection (1) shall be in the form

established by the Minister and shall be personalized with the

recipient's name.

Expiry

7 This Regulation expires on March 31, 2023.

Coming into Force

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

section 13 of the Miscellaneous Statutes Amendment Act, 2022.

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

Alberta Regulation 95/2022

Public Transit and Green Infrastructure Project Act

GENERAL (EXTENSION) AMENDMENT REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 182/2022)

on June 1, 2022 pursuant to

section 5(2) of the Public Transit and Green Infrastructure

Project Act.

1 The General Regulation (AR 189/2019) is amended by

this Regulation.

Section 1 is repealed and the following is substituted:

Amendment to grant agreement

1 The grant agreement is amended in

Schedule E under the heading

"Alberta's Contribution" by striking out clause a) and

substituting the following:

a) Alberta will provide a grant from the General Revenue Fund

towards 40% of the Eligible Expenditures to the maximum of

$1 530 000 000 CDN to be paid as follows:

ALBERTA

2018-19

2019-20

2020-21

2021-22

$25 000 000

2022-23

$50 000 000

2023-24

$207 857 000

2024-25

$207 857 000

2025-26

$207 857 000

2026-27

$207 857 000

2027-28

$207 857 000

2028-29

$207 857 000

2029-30

$207 858 000

Total

$1 530 000 000

Section 3 is amended by striking out "March 31, 2028" and

substituting "March 31, 2030".

4 This Regulation comes into force on the coming into

force of

section 7 of the Financial Statutes Amendment Act,

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

Alberta Regulation 96/2022

Administrative Procedures and Jurisdiction Act

AUTHORITIES DESIGNATION (EXPIRY DATE REPEAL)

AMENDMENT REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 183/2022)

on June 1, 2022 pursuant to

section 2 of the Administrative Procedures and

Jurisdiction Act.

1 The Authorities Designation Regulation (AR 64/2003) is

amended by this Regulation.

Section 3 is repealed.

Alberta Regulation 97/2022

Critical Infrastructure Defence Act

CRITICAL INFRASTRUCTURE DEFENCE (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 184/2022)

on June 1, 2022 pursuant to

section 5 of the Critical Infrastructure Defence Act.

1 The Critical Infrastructure Defence Regulation

(AR 169/2021) is amended by this Regulation.

Section 2 is amended by striking out "October 31, 2022"

and substituting "October 31, 2024".

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

Alberta Regulation 98/2022

Interprovincial Subpoena Act

INTERPROVINCIAL SUBPOENA (EXPIRY

DATE REPEAL) AMENDMENT REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 185/2022)

on June 1, 2022 pursuant to

section 10 of the Interprovincial Subpoena Act.

1 The Interprovincial Subpoena Regulation (AR 67/2003) is

amended by this Regulation.

Section 5 is repealed.

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

Alberta Regulation 99/2022

Alberta Investment Management Corporation Act

ALBERTA INVESTMENT MANAGEMENT

CORPORATION AMENDMENT REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 195/2022)

on June 1, 2022 pursuant to

section 20 of the Alberta Investment Management

Corporation Act.

1 The Alberta Investment Management Corporation

Regulation (AR 225/2007) is amended by this Regulation.

Section 6 is amended

(

a) by repealing subsection (4) and substituting the

following:

(4) Where there is a vacancy on the board, the nominating

committee shall provide the Minister with the name of at least

one individual recommended to fill the position on the board.

(

b) in subsection (5) by striking out "In determining the

short list referred to in" and substituting "Before making

a recommendation under".

3 The following is added after

section 10:

Expiry

10.1 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 December 31, 2028.

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

Alberta Regulation 100/2022

Captive Insurance Companies Act

CAPTIVE INSURANCE COMPANIES REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 196/2022)

on June 1, 2022 pursuant to

section 82 of the Captive Insurance Companies Act.

Table of Contents

Interpretation

2 Annual aggregate premiums of sophisticated insured

3 Minimum amount of base capital

4 Maintenance of adequate capital

5 Qualifications of auditor

6 Qualifications of actuary

7 Standards of financial reporting

8 Records

9 Term of licence

10 Terms, etc., of contract

11 Prohibited classes of insurance

12 Expiry

13 Coming into force

Interpretation

1(1) In this Regulation,

(a) "Act" means the Captive Insurance Companies Act;

(b) "base capital" means for the purposes of the Act and this

Regulation the capital that a captive insurance company must

maintain at all times based on the captive insurance

company's size, inherent riskiness of its financial assets,

volume and nature of insurance business transacted.

(2) A captive insurance company undertaking a contract of insurance

that is made in Alberta, whether the contract is original or renewed, is,

for the purposes of the Act, undertaking insurance in Alberta.

(3) A captive insurance company is, for the purposes of the Act,

carrying on business in Alberta if the captive insurance company

(

a) undertakes or offers to undertake insurance in Alberta,

(

b) carries on market conduct activities in Alberta,

(

c) issues or delivers any policy of insurance or interim receipt in

Alberta,

(

d) collects or receives or negotiates for or causes to be collected

or received or negotiated for any premium for a contract of

insurance in Alberta,

(

e) inspects any risk in Alberta,

(

f) adjusts any loss under a contract of insurance in Alberta, or

(

g) prosecutes or maintains in Alberta any action or proceeding

in respect of a contract of insurance.

Annual aggregate premiums of sophisticated insured

2 The amount of annual aggregate premiums of a sophisticated

insured for the purposes of

section 1(1)(o)(ii) of the Act is $500 000.

Minimum amount of base capital

3 The minimum amount of base capital for the purposes of

section

18(1)(

a) of the Act is

(a) $250 000 for a pure captive insurance company, and

(b) $500 000 for an association captive insurance company or a

sophisticated insured captive insurance company.

Maintenance of adequate capital

4(1) A captive insurance company maintains adequate capital if the

amount of capital available to it on an ongoing basis is equal to or

exceeds the minimum amount of capital required as calculated using

the Minimum Capital Test form in the annual return form designated

"Captive Insurance Company Return", as established for captive

insurance companies under

section 67 of the Act.

(2) The Minister shall ensure that a blank copy of the test form

referred to in subsection (1) is contained in the annual return form

designated "Captive Insurance Company Return" and the annual return

form is published in such manner as is considered appropriate.

Qualifications of auditor

5(1) The individual who is the auditor of a captive insurance

company must

(

a) be a member in good standing of an institute or association of

accountants incorporated by or under

an Act, and

(

b) have at least 5 years' experience in performing audits of a

financial institution.

(2) The auditor of a captive insurance company and every partner in a

firm that is the auditor of a captive insurance company must be

independent of the captive insurance company.

(3) For the purposes of subsection (2),

(

a) independence is a question of fact, and

(

b) a person is deemed not to be independent of a captive

insurance company if that person

(

i) is a director, officer or employee of the company or of

any affiliated entity of the company or is a business

partner of any director, officer or employee of the

company or of any affiliated entity of the company,

(ii) beneficially owns or controls, directly or indirectly, a

material interest in the shares of the company or of any

affiliated entity of the company, or

(iii) has been a liquidator, trustee in bankruptcy, receiver or

receiver and manager of any affiliated entity of the

company within the 2 years immediately preceding the

person's or person's firm's proposed appointment as

auditor of the company.

(4) No person is disqualified from acting as the auditor of a captive

insurance company solely on the grounds that the person or, if the

person is a firm, a partner of the firm is a policyholder in the company.

Qualifications of actuary

6 An individual who is the actuary of a captive insurance company

must be a Fellow in good standing of the Canadian Institute of

Actuaries.

Standards of financial reporting

7(1) For the purposes of sections 7(4) and 8(4) of the Act, where a

captive insurance company provides its or its subsidiaries' audited

financial statements to the Minister, policyholders, shareholders or the

public, the company must ensure that the statements are prepared in

accordance with the following:

(

a) Canadian generally accepted accounting principles, which

are the accounting standards set out in the CPA Canada

Handbook for publicly accountable enterprises, as published

by the Chartered Professional Accountants of Canada from

time to time;

(

b) Canadian generally accepted auditing standards, which are

the auditing standards set out in the CPA Canada Handbook,

as published by the Chartered Professional Accountants of

Canada from time to time;

(

c) generally accepted actuarial practices described in the

Standards of Practice of the Canadian Institute of Actuaries,

as amended from time to time;

(

d) any modification of those principles, standards or practices

established by the Minister or any additional requirements,

principles, standards or practices established by the Minister.

(2) The Regulations Act does not apply to the modifications or

additional requirements, principles, standards or practices established

under subsection (1)(d).

Records

8(1) Every captive insurance company must keep a copy of the

following records at its principal place of business:

(

a) its organizational documents;

(

b) its licence and the particulars of any terms or conditions

imposed on its licence;

(

c) the minutes of meetings and resolutions of participating

policyholders or shareholders;

(

d) the minutes of meetings and resolutions of the directors and

any committee of the directors;

(

e) the name, address and date of appointment of the auditor;

(

f) the directors register

(

i) containing the name and address, including any mailing

address, and a statement of citizenship of all persons

who are or have been directors, the date on which each

became a director, the terms of the appointments and

the dates on which they ceased to be directors,

(ii) containing a list of the bodies corporate of which each

director is an officer or director and the firms of which

each director is a member,

(iii) containing the names of the directors who are also

officers or employees of the company or any of its

affiliated entities and a list of the positions they occupy

in the company or any of its affiliated entities, and

(iv) containing the name of each committee on which each

director serves;

(

g) a central securities register set up and maintained in

accordance with

section 49 of the Business Corporations Act;

(

h) a copy of the current financial statements of the company and

each of its subsidiaries;

(

i) a copy of the company's investment procedures and policies;

(

j) adequate accounting records

(

i) that will enable the Minister to determine the

company's financial position and whether it is in

compliance with the Act and the regulations,

(ii) that set out the company's investments,

(iii) with accounts, in the form and manner determined by

the Minister, in respect of participating policies that are

separate from accounts maintained in respect of other

policies, and

(iv) that set out the amount owing to the company by each

customer of or claimant under a policy issued by it, and

the nature of its liabilities to the customer or claimant.

(2) Every captive insurance company must keep at its principal place

of business any information or data relating to the preparation and

maintenance of the records referred to in subsection (1).

(3) All records required to be prepared, maintained and kept under

subsections (1) and (2) may be in a bound or loose-leaf form or in a

photographic film form, or may be entered or recorded by any system

of mechanical or electronic data processing or any other information

storage device that is capable of reproducing any required information

in legible written form within a reasonable time.

(4) A captive insurance company shall take reasonable precautions to

(

a) prevent loss or destruction of,

(

b) prevent falsification of entries in, and

(

c) facilitate detection and correction of inaccuracies in

the records required by this

section to be prepared, maintained and

stored.

(5) A captive insurance company may keep all or any of the records

referred to in subsection (1) or (2) at a place outside Alberta only if

(

a) the records are available for examination, in accordance with

sections 42 to 46 of the Act, by means of a computer terminal

or other technology at a place in Alberta determined by the

Minister, and

(

b) the company provides technical assistance to facilitate an

examination referred to in clause (a).

(6) A captive insurance company that is permitted to keep records at a

place outside Alberta under subsection (5) must pay the reasonable

transportation and living expenses of any examiner authorized by the

Minister to travel to that place to examine those records, and the costs

may be recovered from the company by the Minister in an action for

debt.

Term of licence

9 A licence issued or renewed pursuant to

Part 2, Division 1 of the

Act expires on December 31 of the year in which it is issued or

renewed.

Terms, etc., of contract

in the policy or in writing securely attached to the policy when it is

issued, and unless so set out, no term of the contract or condition,

stipulation, warranty or proviso modifying or impairing its effect is

valid or admissible in evidence to the prejudice of the insured or a

person to whom insurance money is payable under the contract.

(2) Subsection (1) does not apply to an alteration or modification of

the contract agreed on in writing by the insurer and the insured after

the policy is issued.

(3) Every policy must contain the following:

(

a) the name of the insurer;

(

b) the name of the insured;

(

c) the name of the person to whom the insurance money is

payable;

(

d) the amount or the method of determining the amount of the

premium for the insurance;

(

e) the subject-matter of the insurance;

(

f) the indemnity for which the insurer may become liable;

(

g) the event on the happening of which the liability is to accrue;

(

h) the date the insurance takes effect;

(

i) the date the insurance terminates or the method by which that

date is established.

guidelines and

interpretation bulletins issued by the Superintendent

under

section 60 of the Act.

(5) Every contract of insurance must contain a dispute resolution

provision applicable to disputes

(

a) between 2 or more persons insured under the contract of

insurance, and

(

b) between a captive insurance company and any or all persons

insured under the contract of insurance.

(6) No insurer shall make a contract that is inconsistent with the Act

or this Regulation.

(7) An action or omission of an insurer resulting in imperfect

compliance with the Act or this Regulation does not render a contract

invalid insofar as it benefits an insured.

(8) A contravention by an insurer of subsection (6) is an offence.

Prohibited classes of insurance

11 Pursuant to

section 26(2) of the Act, no captive insurance

company may be licensed to undertake the class of surety insurance.

Expiry

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

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

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

Regulation expires on January 31, 2027.

Coming into force

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

section 82 of the Captive Insurance Companies Act.

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

Alberta Regulation 101/2022

Captive Insurance Companies Act

Insurance Act

INSURANCE ENFORCEMENT AND

ADMINISTRATION REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 197/2022)

on June 1, 2022 pursuant to

section 82 of the Captive Insurance Companies Act and

sections 790 and 818 of the Insurance Act.

Table of Contents

1 Prescribed provisions

2 Notice of administrative penalty

3 Amount of penalty

4 Interest

5, 6 Designation of compensation association

7 Non-application to captive insurance company policies

8 Repeal

9 Expiry

10 Coming into force

Schedule

Prescribed provisions

1(1) Subject to subsection (2), the Minister may give a notice of

administrative penalty under

(

a) section 789 of the Insurance Act in respect of

(

i) a provision of that Act if that Act makes the

contravention of that provision an offence, or

(ii) any of the provisions of the regulations that are listed as

items 1 and 3 to 7 in the

Schedule to this Regulation,

(

b) section 57 of the Captive Insurance Companies Act in respect

(

i) a provision of that Act if that Act makes the

contravention of that provision an offence, or

(ii) any of the provisions of the regulation listed as item 2 in

the

Schedule to this Regulation.

(2) The Minister shall not give a notice of administrative penalty

under

section 789 of the Insurance Act to a holder or former holder of

a certificate of authority under that Act in respect of any act or

omission if the Minister also has a remedy against the holder or former

holder under

section 480 of that Act in respect of that act or omission.

Notice of administrative penalty

2 A notice of administrative penalty must contain the following

information:

(

a) the name of the person required to pay the administrative

penalty;

(

b) particulars of the contravention;

(

c) the amount of the administrative penalty and the time by

which it must be paid.

Amount of penalty

3 The amount of an administrative penalty shall be determined by the

Minister, who shall take into account the following factors:

(

a) the seriousness of the contravention;

(

b) the importance of the regulatory scheme of compliance with

the provision;

(

c) the degree of wilfulness or negligence in the contravention;

(

d) whether or not there was any mitigation relating to the

contravention;

(

e) whether or not steps have been taken to prevent reoccurrence

of the contravention;

(

f) whether or not the person who receives the notice of

administrative penalty has a history of non-compliance;

(

g) whether or not the person who receives the notice of

administrative penalty has derived any economic benefit

from the contravention;

(

h) any other factors that, in the opinion of the Minister, are

relevant.

Interest

4(1) If an administrative penalty is not paid by the date specified in

the notice, the person to whom the notice was given is liable for the

payment of interest on the unpaid amount at the rate of 12% per year,

running from the due date until the administrative penalty is fully paid.

(2) An unpaid administrative penalty together with unpaid interest

constitutes a debt owing to the Crown and may be recovered in an

action in debt.

Designation of compensation association

5 The Property and Casualty Insurance Compensation Corporation is

designated as a compensation association for the following classes of

insurance:

(

a) accident and sickness insurance in respect of policies issued

by a property and casualty company that is also licensed to

offer other classes of insurance;

(

b) automobile insurance;

(

c) boiler and machinery insurance;

(

d) credit protection insurance in respect of policies issued by a

property and casualty company;

(

e) legal expense insurance;

(

f) liability insurance;

(

g) other approved products insurance;

(

h) product warranty insurance;

(

i) property insurance,

but those classes do not include crop insurance, directors' and officers'

insurance or errors and omissions insurance.

Designation of compensation association

6 Assuris is designated as a compensation association for the

following classes of insurance:

(

a) life insurance in respect of policies of that class issued by a

life company other than a mutual benefit society or a

fraternal society;

(

b) accident and sickness insurance in respect of policies issued

by a life company or by a property and casualty insurer

licensed to offer accident and sickness insurance only;

(

c) credit protection insurance in respect of policies issued by a

life company.

Non-application to captive insurance company policies

7 For greater certainty, sections 5 and 6 do not apply in respect of

policies issued by a captive insurance company.

Repeal

8 The Enforcement and Administration Regulation (AR 129/2001) is

repealed.

Expiry

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

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

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

Regulation expires on January 31, 2027.

Coming into force

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

section 82 of the Captive Insurance Companies Act.

Schedule

Regulatory Provisions in Respect of Which an

Administrative Penalty is Payable

1 Automobile Insurance Premiums Regulation (AR 117/2014)

- sections 2(1), 4(1), 5(1), 6, 8, 11(1) and 12.

2 Captive Insurance Companies Regulation

- sections 8(1), (2), (4), (5) and (6) and 10(3), (4), (5) and (6).

3 Fair Practices Regulation (AR 128/2001)

- sections 2, 3 and 5(3).

4 Home Warranty Insurance Regulation (AR 225/2013)

section 4.

5 Insurance Agents and Adjusters Regulation (AR 122/2001)

- sections 15(3), 18(2) and 28.

6 Provincial Companies Regulation (AR 124/2001)

- sections 2, 3, 4(1) and (3), 5, 6(1), 7(1) and 14(2) and (3).

7 Replacement of Life Insurance Contracts Regulation

(AR 127/2001)

- sections 2, 8 and 10.

Alberta Regulation 102/2022

Captive Insurance Companies Act

Insurance Act

RECOVERY OF INSURANCE ADMINISTRATION

COSTS REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 198/2022)

on June 1, 2022 pursuant to

section 82 of the Captive Insurance Companies Act and

section 801.1 of the Insurance Act.

Table of Contents

Interpretation

2 Authority to charge administration fees

3 Calculation of administration fees

4 Application

5 Repeal

6 Expiry

7 Coming into force

Interpretation

1(1) In this Regulation, "insurer" means

(

a) a captive insurance company that is licensed under the

Captive Insurance Companies Act, and

(

b) an insurer that is licensed under

section 19(1) or (2) of the

Insurance Act and includes a person who exchanges with

other persons reciprocal contracts of indemnity or

inter-insurance as part of a reciprocal insurance exchange.

(2) A reference to "the Acts and the regulations" includes

(

a) the Captive Insurance Companies Act and the regulations

under that Act, and

(

b) the Insurance Act and the regulations under that Act.

Authority to charge administration fees

2(1) Each fiscal year the Superintendent is authorized to charge

insurers an administration fee to be used to recover the costs incurred

in the administration of the Acts and the regulations for that year.

(2) The Superintendent shall, on or before October 1 of each year,

send a notice to each insurer indicating the amount of the

administration fee payable under

section 3 for the current fiscal year

and indicating the date by which the amount is due.

Calculation of administration fees

3(1) Subject to subsection (2), the administration fee payable by each

insurer in respect of a fiscal year shall be calculated in accordance with

the following formula:

A = B x (D-E-

F) where

A is the amount of the administration fee payable by the

insurer;

B is the insurer's total direct premiums written by the insurer in

the previous calendar year, as reported under

section 35 of

the Captive Insurance Companies Act and sections 44 and 46

of the Insurance Act;

C is the total of the direct premiums written for all insurers in

the previous calendar year, as reported under

section 35 of

the Captive Insurance Companies Act and sections 44 and 46

of the Insurance Act;

D is the annual budget approved by the Minister for the

administration of the Acts and the regulations for the fiscal

year;

E is 1/2 of the amount of the licence fees paid by all insurers

for the current calendar year;

F is, with respect to administration fees payable for the 2022

and subsequent fiscal years, the amount by which the

administration fees collected from all insurers for the

previous fiscal year exceed the actual expenditures for the

administration of the Acts and the regulations for that same

year.

(2) No fee is payable by an insurer under this

section if the amount

calculated for that insurer is less than $250.

Application

4 This Regulation applies for the 2022 fiscal year and subsequent

fiscal years.

Repeal

5 The Recovery of Administration Costs Regulation (AR 199/2009) is

repealed.

Expiry

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

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

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

Regulation expires on January 31, 2027.

Coming into force

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

section 82 of the Captive Insurance Companies Act.

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

Alberta Regulation 103/2022

Captive Insurance Companies Act

CAPTIVE INSURANCE COMPANIES (PRESCRIBED

ENACTMENTS) REGULATION

Filed: June 1, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 199/2022)

on June 1, 2022 pursuant to

section 83 of the Captive Insurance Companies Act.

Application to captive insurance companies

1(1) This Regulation does not apply to a captive insurance company

in respect of contracts of life insurance, accident and sickness

insurance, or reinsurance made in Alberta by the captive insurance

company.

(2) Sections 514, 520(b), 526 and 534 of the Insurance Act apply to a

captive insurance company in respect of contracts of insurance made in

Alberta by the captive insurance company as if the company were an

insurer under that Act for the purposes of those sections.

(3) Section 527 of the Insurance Act applies to a captive insurance

company in respect of an action or proceeding on a contract of

insurance made in Alberta by the captive insurance company as if

(

a) the company were an insurer under that Act for the purpose

of that section, and

(

b) the reference in that

section to "this Act" were a reference to

the Captive Insurance Companies Act.

(4) Section 547(2) to (4) of the Insurance Act apply to a captive

insurance company in respect of contracts of insurance made in

Alberta by the captive insurance company as if

(

a) the company were an insurer under that Act for the purpose

of those subsections,

(

b) the reference in those subsections to "this Act" were a

reference to the Captive Insurance Companies Act, and

(c) "unless regulations referred to in subsection (4) or under

section 511(1)(g.3) provide otherwise," were struck out in

subsection (2) of that Act.

Repeal

2 This Regulation is made under

section 83(1) of the Captive Insurance

Companies Act and is subject to repeal under

section 83(2) of the Act.

Coming into force

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

section 83 of the Captive Insurance Companies Act.

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

Alberta Regulation 104/2022

Mobile Home Sites Tenancies Act

MOBILE HOME SITES TENANCIES MINISTERIAL (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: June 1, 2022

For information only: Made by the Minister of Service Alberta (M.O. SA:004/2022)

on May 26, 2022 pursuant to

section 66 of the Mobile Home Sites Tenancies Act.

1 The Mobile Home Sites Tenancies Ministerial Regulation

(AR 54/96) is amended by this Regulation.

Section 12 is amended by striking out "October 31, 2022"

and substituting "October 31, 2027".

Alberta Regulation 105/2022

Debtors' Assistance Act

DEBTORS' ASSISTANCE (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: June 1, 2022

For information only: Made by the Minister of Service Alberta (M.O. SA:005/2022)

on May 26, 2022 pursuant to

section 14(1) of the Debtors' Assistance Act.

1 The Debtors' Assistance Regulation (AR 200/2001) is

amended by this Regulation.

Section 8 is amended by striking out "August 31, 2022" and

substituting "August 31, 2027".

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

Alberta Regulation 106/2022

Consumer Protection Act

CONSUMER PROTECTION ACT REGULATIONS

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: June 1, 2022

For information only: Made by the Minister of Service Alberta (M.O. SA:006/2022)

on May 26, 2022 pursuant to sections 4.1, 12, 41, 105(1) and 162(2) of the Consumer

Protection Act.

1(1) The Retail Home Sales Business Licensing Regulation

(AR 197/99) is amended by this section.

(2) Section 13 is amended by striking out "August 31, 2022"

and substituting "August 31, 2027".

2(1) The Time Share and Points-based Contracts and

Business Regulation (AR 105/2010) is amended by this

section.

(2) Section 29 is amended by striking out "June 30, 2022" and

substituting "June 30, 2025".