THE ALBERTA GAZETTE,

PART II, JULY 31, 1998

Alberta Regulation 130/98

Marketing of Agricultural Products Act

ALBERTA CANOLA PRODUCERS COMMISSION

AUTHORIZATION REGULATION

Filed: July 8, 1998

Made by the Alberta Agricultural Products Marketing Council pursuant to

section 26 of the Marketing of Agricultural Products Act.

Definitions

1(1) In this Regulation,

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

(b) "Commission" means the Alberta Canola Producers Commission;

(c) "Plan" means the Alberta Canola Producers Marketing Plan

Regulation (AR 108/98);

(d) "producer" means a producer as defined in the Plan;

(e) "regulated product" means regulated product as defined in the

Plan.

(2) Words defined in the Act or the Plan have the same meaning when used

in this Regulation.

Regulations made under

section 26 of the Act

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

Commission is hereby authorized under

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) providing for the refund of service charges;

(

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 and the regulations made by the

Commission.

Repeal

3 The Alberta Canola Producers Commission Authorization Regulation (AR

174/89) is repealed.

Expiry

4 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 1, 2003.

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

Alberta Regulation 131/98

Regulations Act

MISCELLANEOUS CORRECTION AND REPEAL REGULATION

Filed: July 8, 1998

Made by the Lieutenant Governor in Council (O.C. 284/98) pursuant to

section 10 of the Regulations Act.

1 The Correctional Institution Regulation (AR 138/77) is amended in

section 29(2) by striking out "as" and substituting "at".

2 The Employment Pension Plans Regulation (AR 364/86) is amended in

section 30(2)(

g) by striking out "(A)" and substituting "(i)" and by

striking out "(B)" and substituting "(ii)".

3 The Motor Vehicle Propane Conversions Administration Regulation (AR

142/96) is amended in

section 3(1)(

f) by striking out "(that?)".

4 The Private Vocational Schools Regulation (AR 66/94) is amended in

sections 5(a)(iii) and 10(a)(iii) by striking out "the the" and

substituting "the".

5 The Prescription of Drugs by Authorized Practitioners Regulation (AR

83/98) is amended in

section 2 by striking out "registered health nurse"

and substituting "registered nurse".

6 The Professional Practice Regulation (AR 242/81) is amended in

section

48(1)(

a) by striking out "elsehwere" and substituting "elsewhere".

7 The Alberta Canola Producers Marketing Plan Regulation (AR 108/98) is

amended in the heading following

section 2 by striking out "PART I" and

substituting "PART 1"

8 The following regulations are repealed:

(

a) Pork Producers' Market Insurance Program Regulation (AR

365/81);

(

b) City of Edmonton Capitalization of Capital Cost Regulation (AR

29/93);

(

c) Town of Bonnyville Natural Gas System Purchase Approval

Regulation (AR 405/86);

(

d) Forms Regulation (AR 500/81);

(

e) Public Contributions Accounting Regulation (AR 9/90);

(

f) AR 395/57;

(

g) Pari Mutuel Tax Regulation (AR 274/85);

(

h) AR 347/90;

(

i) Exploratory Drilling Incentive Regulation 1984 (AR 137/84);

(

j) Sittings of the Court of Appeal Regulation (AR 343/85);

(

k) Sittings of the Court of Appeal Regulation (AR 293/86);

(

l) Sittings of the Court of Queen's Bench Regulation (AR 372/86).

(

m) Leduc Tax Sharing Approval Regulation (AR 127/89).

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

Alberta Regulation 132/98

Regional Health Authorities Act

INTERIM REGIONAL HEALTH AUTHORITY

APPOINTMENT AMENDMENT REGULATION

Filed: July 8, 1998

Made by the Lieutenant Governor in Council (O.C. 285/98) pursuant to

section 21 of the Regional Health Authorities Act.

1 The Interim Regional Health Authority Appointment Regulation (AR 81/96)

is amended by this Regulation.

Section 1 is amended

(

a) in subsection (1) by adding "and the first successors to those

successors" before "shall";

(

b) in subsection (2) by striking out "first member" and

substituting "person" and by striking out "that member" and substituting

"that person".

3 The following is added after

section 1:

2 This Regulation is repealed effective December 31, 2001.

Alberta Regulation 133/98

Government Organization Act

EDMONTON RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Filed: July 8, 1998

Made by the Lieutenant Governor in Council (O.C. 286/98) pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Edmonton Restricted Development Area Regulations (AR 287/74) are

amended by this Regulation.

Section 1 of the Schedule, describing land located in Township 53,

Range 25, West of the Fourth Meridian, is amended by striking out

Sections 7 & 18 Plan 892 0486 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor

and substituting the following:

Sections 8 & 18 Plan 892 0486 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor

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

Alberta Regulation 134/98

Social Development Act

SOCIAL ALLOWANCE AMENDMENT REGULATION

Filed: July 8, 1998

Made by the Lieutenant Governor in Council (O.C. 289/98) pursuant to

section 30 of the Social Development Act.

1 The Social Allowance Regulation (AR 213/93) is amended by this

Regulation.

Section 1(

f) is amended by striking out "2(1)(

a) of the Post-Adoption

Support Regulation (AR 92/90)" and substituting "46/(1)(

a) of the Adoption

Regulation (AR 3/89)".

Section 7(i.1) is amended by striking out "housing authority

established under the Alberta Mortgage and Housing Corporation Act" and

substituting "management body under the Alberta Housing Act".

Section 14(1)(

c) is amended by striking out "housing authority

established under the Alberta Mortgage and Housing Corporation Act" and

substituting "management body under the Alberta Housing Act".

Section 26.1 is amended by adding "problem gambling or" after

"requires".

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

Alberta Regulation 135/98

Employment Standards Code

EMPLOYMENT STANDARDS AMENDMENT REGULATION

Filed: July 8, 1998

Made by the Lieutenant Governor in Council (O.C. 291/98) pursuant to

section 138 of the Employment Standards Code.

1 The Employment Standards Regulation (AR 14/97) is amended by this

Regulation.

Section 9 is repealed and the following is substituted:

Basic minimum wage

9 Employers must pay wages to employees at at least the following

rates:

(

a) except where clause (

b) applies, the rate is

(i) $5.40 an hour, effective October 1,

1998,

(ii) $5.65 an hour, effective April 1, 1999,

and

(iii) $5.90 an hour effective October 1,

1999;

(

b) for an employee employed as

(

i) a salesperson for a commercial agent

licensed under the Licensing of Trades and Businesses Act,

(ii) a salesperson, other than a route

salesperson, remunerated in whole or in part by commission, who is engaged

in soliciting orders, principally outside of the employer's place of

business, for goods or services that will subsequently be delivered or

provided to the purchaser,

(iii) an automobile, truck or bus

salesperson,

(iv) a mobile home salesperson,

(

v) a farm machinery salesperson,

(vi) a heavy duty construction equipment or

road construction equipment salesperson, or

(vii) a residential home salesperson employed

by a person who builds those homes,

the rate is

(viii) $216 a week, effective October 1,

1998,

(ix) $226 a week, effective April 1, 1999,

and

(x) $236 a week, effective October 1,

Section 11 is amended

(

a) in subsection (1) by striking out "Subject to subsections

(3) and (4)," and substituting "Subject to subsection (3),";

(

b) by repealing subsection (4).

Section 12(1) is amended

(

a) by adding "the following:" after "exceed";

(

b) by repealing clauses (

a) and (

b) and substituting the

following:

(

a) for a single meal,

(i) $1.80, effective October 1, 1998,

(ii) $1.85, effective April 1, 1999, and

(iii) $1.95, effective October 1, 1999;

(

b) for lodging,

(i) $2.40 a day, effective October 1, 1998,

(ii) $2.50 a day, effective April 1, 1999,

and

(iii) $2.60 a day, effective October 1, 1999.

5 This Regulation comes into force on October 1, 1998.

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

Alberta Regulation 136/98

Pharmaceutical Profession Act

SCHEDULED DRUGS REGULATION (NO. 1)

Filed: July 8, 1998

Made by the Lieutenant Governor in Council (O.C. 292/98) pursuant to

section 92 of the Pharmaceutical Profession Act.

1 The Schedules to the Pharmaceutical Profession Act are amended by this

Regulation.

Schedule 1 is amended by repealing

section 2(1)(d).

Schedule 2 is amended by repealing

section 3 and substituting the

following:

3 The drugs in this

Schedule include:

acetarsol;

acetylcysteine;

acetylsalicylic acid and its salts (in oral preparations

containing 80 mg or less per dosage unit);

allethrins;

anisotropine and its salts;

anthralin (dithranol);

antihemophilic factor, human;

antipyrine (except otic preparations);

apomorphine and its salts;

arginine and its salts;

artemisia and its preparations, extracts and compounds

(except in trace amounts in homeopathic preparations);

azelaic acid;

bacitracin and its salts and derivatives (for ophthalmic

use);

belladonna alkaloids and their salts and derivatives

(except in preparations for topical use or in trace amounts in homeopathic

preparations);

bengal rose;

bentiromide;

benzalkonium and its salts (liquid preparations in

concentrations of more than 2%);

benzethonium chloride (liquid preparations in

concentrations of more than 1%);

benzocaine and its salts (for parenteral or ophthalmic

use or in products marketed for topical application on mucous membranes for

children under 2 years of age);

bioflavonoids (in concentrations of more than 200 mg per

dosage unit);

boric acid and its salts (in preparations for systemic or

ophthalmic use, except in contact lens solutions);

buclizine;

bufexamac;

calcium disodium edetate;

camphor (in oleaginous vehicles and in liquid forms in

concentrations greater than 10%);

cantharides and its derivatives and preparations;

caprylic acid;

cholecystokinin;

chymotrypsin (ophthalmic);

clidinium and its salts;

coal tar (in concentrations of more than 10%);

collagenase (as a debriding agent);

cyclandelate;

cyclazocine and its salts;

cyclopentamine and its salts;

cyclopentolate and its salts (except for ophthalmic and

parenteral use);

cyproheptadine and its salts;

desoxyribonuclease (pancreatin dornase);

dextrose (sclerosing agents);

dicyclomine and its salts (except for topical use and

lozenges);

dihydroquinidine and its salts (except

phenylbarbiturate);

diiodohydroxyquine (topicals);

dimenhydrinate and its salts (oral or rectal);

diperodon and its salts (except for topical use);

drugs for human use not included in

Schedule 1 that are

intended for administration by hypodermic injection;

dyclonine (except for topical use on mucous membranes);

electrolyte solutions (except in oral rehydration

preparations);

epinephrine and its salts;

ethanolamine oleate;

ethoheptazine and its salts;

ethyl chloride (except in trace amounts);

fibrin;

fibrinolysin;

fluorides for oral or topical use (except in dentifrices

and mouthwashes and in preparations containing less than 0.45 mg of

fluorine (equivalent to 0.1 mg of sodium fluoride) per daily recommended

dose);

glucagon;

glutamic acid and its salts (gastric acidifiers);

glycopyrrolate and its salts;

gramicidin and its salts and derivatives (for ophthalmic

use);

heparin and its salts (except for topical use);

histamine and its salts (except for topical use);

homatropine and its salts (for oral use in

concentrations of 2 mg or less per dosage unit);

hyaluronic acid and its salts (preparations in

concentrations of 5% or more);

hyaluronidase;

hydroquinone (topical preparations in concentrations of

2% or more);

hydroxyephedrine and its salts;

hyoscine and its salts and derivatives (scopolamine);

hyoscyamine and its salts and derivatives (except for

topical use);

inositol niacinate;

insulin;

iodinated casein;

iodinated glycerol;

iodine and its salts and derivatives (except topical

preparations or in oral doses of .16 mg or less per day);

iodochlorhydroxyquine (for topical use);

ipecac and its extracts and derivatives;

iron and its salts and derivatives (preparations with

more than 30 mg elemental iron per solid dosage unit or 5 ml oral liquid);

levargorphane and its salts;

levonordefrin;

lidocaine and prilocaine (eutectic mixture);

local anaesthetics for ophthalmic use;

loperamide and its salts (oral liquid dosage forms for

children);

mannitol and its salts;

metathoheptazine and its salts;

methantheline and its salts;

methdilazine and its salts;

methenamine and its salts (except for topical use);

metheptazine and its salts;

methyl salicylate (oil of wintergreen) liquid dosage

forms in concentrations greater than 30%;

monobenzone;

monoethanolamine oleate;

mupirocin;

naphazoline and its salts (in nasal preparations for

paediatric use);

niacin (as a single ingredient with more than 50 mg per

dosage unit) (nicotinic acid);

niacinamide (preparations containing more than 125 mg per

dosage unit);

nitroglycerin (sublingual immediate release dosage

forms);

norepinephrine and its salts (levarterenol,

noradrenaline);

orphenadrine citrate;

oxyquinoline;

pancreatic enzymes (cystic fibrosis treatment);

pancrelipase;

papain (as a debriding agent);

paroxypropione;

pentagastrin and its salts;

phenol (preparations in concentrations of more than 20%);

phenoxybenzamine and its salts;

phenylephrine and its salts and preparations (in nasal

preparations in concentrations of 2.5% or less, for paediatric use);

phenylpropanolamine and its salts and preparations (in

preparations containing more than 50 mg per single dose of an immediate

release preparation, or more than 75 mg per single dose of a controlled or

sustained release preparation, or preparations for which the recommended

total daily dose is greater than 150 mg);

physostigmine salicylate (oral or topical);

pinaverium and its salts;

piperazine and its salts;

polyacrylamide;

polymixin B and its salts and derivatives (for ophthalmic

use);

potassium salts (preparations containing more than 5 mmol

per single dose);

promethazine and its salts (except for topical use);

propantheline and its salts;

propylhexedrine;

protamine and its salts;

pyrantel and its salts;

pyrvinium and its salts;

quinine salts;

racemethionine;

rue and its preparations and extracts;

salicylic acid and its salts in topical preparations in

concentrations of more than 40%;

silver nitrate;

sincalide;

sodium chloride (single ingredient solutions and

ophthalmic preparations in concentrations of more than 0.9%);

sodium iodide (for sclerosing);

sodium tetradecylsulfate;

stramonium and its preparations, extracts and compounds;

streptokinase (as a debriding agent);

sutilains;

tetrahydrazoline (in nasal preparations for paediatric

use);

thrombin;

thyroglobulin;

thyrotropin;

trypsin;

ubiquinone;

urea (topical preparations in concentrations of more than

25%);

xylose.

Schedule 3 is amended by repealing

section 3 and substituting the

following:

3 The drugs in this

Schedule include:

(

a) belladonna alkaloids and their salts and

derivatives for topical use;

(

b) benzoyl peroxide (as a single active ingredient, in

concentrations of 5% or less)

(

c) benzyl benzoate;

(

d) cetirizine in concentrations equal to or less than

8.5 mg cetirizine per dosage form;

(

e) cimetidine and its salts (in concentrations of 100

mg or less per dosage unit);

(

f) clotrimazole and its salts (in preparations for

topical or vaginal use);

(

g) crotamiton;

(

h) drugs for veterinary use by hypodermic injection

into an animal;

(

i) dyclonine and its salts (for topical use on mucous

membranes, except lozenges);

(

j) esdepallethrin/piperonyl butoxide;

(

k) famotidine and its salts (in preparations for oral

use containing 10 mg or less of famotidine per dosage unit);

(

l) fexofenadine hydrochloride;

(

m) heparin and its salts (for topical use);

(

n) hydrocortisone and hydrocortisone acetate (as a

single active ingredient, in topical preparations in concentrations of 0.5%

or less);

(

o) ibuprofen and its salts in concentrations of 200 mg

or less of ibuprofen per dosage form;

(

p) ketoconazole and its salts (in preparations for

topical use as a shampoo);

(

q) lindane;

(

r) loperamide and its salts (in solid dosage forms);

(

s) miconazole and its salts (for topical or vaginal

use);

(

t) nicotine and its salts when sold as a chewing gum

containing 4 mg or less of nicotine per dosage unit;

(

u) nystatin and its salts and derivatives (for topical

or vaginal use);

(

v) permethrin and its derivatives;

(

w) piperonyl and its salts;

(

x) pyrethrins;

(

y) pyrethrins/piperonyl butoxide;

(

z) ranitidine and its salts (when sold in a dosage

form containing not more than the equivalent of 75 mg of ranitidine);

(aa) saccharin;

(bb) sodium cromoglycate in solutions for ophthalmic use

in concentrations of 2% or less;

(cc) tioconazole and its salts (in preparations for

topical or vaginal use).

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

Alberta Regulation 137/98

Pharmaceutical Profession Act

SCHEDULED DRUGS REGULATION (NO. 2)

Filed: July 8, 1998

Approved by the Lieutenant Governor in Council (O.C. 293/98) pursuant to

section 90 of the Pharmaceutical Profession Act.

1 The Schedules to the Pharmaceutical Profession Act are amended by this

Regulation.

Schedule 1 is amended in

section 2(1) by adding the following after

clause (c):

(

d) the following drugs:

aconite (except in trace amounts in homeopathic preparations);

alverine and its salts for parenteral use;

aminopromazine (proquamezine) and its salts;

arsenic and its salts and compounds for human use (except in trace

amounts in homeopathic preparations);

aspidium for oral use (except in trace amounts in homeopathic

preparations);

azathioprine and its salts;

bacitracin and its salts and derivatives for parenteral use;

chenopodium ambrosioides;

cycrimine;

ephedrine and its salts (products for internal use containing ephedrine and its salts as the single active ingredient);

erythrityl tetranitrate;

ethopropazine hydrochloride (profenamine and its salts);

ethylpapaverine and its salts;

flumazenil;

homatropine and its salts (for ophthalmic or parenteral use

or in preparations for oral use containing more than 2 mg per

dosage unit);

isopropamide and its salts;

isosorbide dinitrate;

levallorphane and its salts;

metaraminol bitartrate;

methacholine and its salts;

nicotinyl tartrate;

nikethamide;

nitroglycerin (except for sublingual immediate release

dosage forms);

orphenadrine hydrochloride;

papaveretrine and its salts;

papaverine and its salts;

paramomycin;

pentaerythritol tetranitrate;

quinacrine;

quinidine and its salts;

streptokinase/streptodornase

succinylcholine and its salts;

tubocurarine and its salts;

vaccines;

vitamin D in preparations containing more than 1000 IU

per recommended daily dose;

vitamin K.

3 This Regulation comes into force immediately after the coming into

force of the Scheduled Drugs Regulation (No. 1).

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

Alberta Regulation 138/98

Pharmaceutical Profession Act

PHARMACEUTICAL PROFESSION AMENDMENT REGULATION

Filed: July 8, 1998

Approved by the Lieutenant Governor in Council (O.C. 294/98) pursuant to

section 90 of the Pharmaceutical Profession Act.

1 The Pharmaceutical Profession Regulation (AR 322/94) is amended by this

Regulation.

Section 19(1) is repealed and the following is substituted:

Packaging of drug

19(1) In this section, "child resistant package" means a container

for a drug that meets the requirements for a child resistant package under

Part C of the Food and Drug Regulations, C.R.C.,

chapter 870.

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

Alberta Regulation 139/98

Agricultural Societies Act

GUARANTEED BORROWING REGULATION

Filed: July 8, 1998

Made by the Lieutenant Governor in Council (O.C. 296/98) pursuant to

section 43 of the Agricultural Societies Act.

Table of Contents

Definitions 1

Application for guarantee 2

Agreement with lender 3

Maximum amount of guarantee 4

Guarantee period 5

Repeal of AR 328/82 6

Repeal 7

Schedule

Definitions

1 In this Regulation,

(a) "appropriate Minister" means

(

i) in the case of an application for a guarantee of a

loan for a development for a major exhibition, the Minister of Economic

Development, or

(ii) in the case of any other application for a

guarantee of a loan for a development, the Minister of Agriculture, Food

and Rural Development;

(b) "development" means the construction, renovation, repair or

improvement of a building or structure;

(c) "local authority" means a municipality and a Metis settlement;

(d) "major exhibition" means an exhibition held by a society set

out in the Schedule;

(e) "municipality" means a city, town, village, summer village,

municipal district, specialized municipality or improvement district.

Application for guarantee

2(1) A society may apply to the appropriate Minister for a guarantee of a

loan for a development for the purpose of holding agricultural fairs,

shows, exhibitions or public displays.

(2) An applicant for a guarantee of a loan must give the following to the

appropriate Minister:

(

a) complete details of the development, including

(

i) plans and drawings,

(ii) the total estimated cost of the development, and

(iii) a

schedule of the stages of development, including

the estimated date of completion of the development;

(

b) written evidence satisfactory to the appropriate Minister that

(

i) the applicant is the freehold owner of the land on

which the development is to take place, or

(ii) the applicant is the lessee of the land on which

the development is to take place and that the unexpired term of the lease

is at least equal to the term of the loan to be guaranteed and the

applicant has sufficient security of tenure;

(

c) details of all mortgages, charges and other encumbrances

affecting the land on which the development is to take place;

(

d) written evidence satisfactory to the appropriate Minister that

(

i) the local authority, in accordance with

Part 17 of

the Municipal Government Act or in accordance with the Metis Settlements

Act, as the case may be, has approved the development, and

(ii) the council of the local authority approves of the

development as being in the interests of the local authority;

(

e) a copy of the resolution passed by the applicant authorizing

the application for

(

i) the loan, including the amount and period of the

loan and the name of the lender, and

(ii) a guarantee of the loan by the Province;

(

f) a review engagement report, prepared by a certified general

accountant, certified management accountant or a chartered accountant who

is independent of the applicant, of the financial position as at the end of

the last fiscal year of the applicant together with such other financial

information as the appropriate Minister may require;

(

g) a copy of the proposed loan document in which is stated

(

i) the name of the lender,

(ii) the amount of the loan,

(iii) the rate of interest,

(iv) the period of the loan, and

(

v) the method of repayment;

(

h) an undertaking that the applicant is in a position to give and

will give to the lender

(

i) an assignment of lease in a form that is

satisfactory to the Provincial Treasurer, where the applicant is the lessee

of the land on which the development is to take place, or

(ii) security of a type and in a form satisfactory to

the Provincial Treasurer, where the applicant is the freehold owner of the

land on which the development is to take place;

(

i) an undertaking that the applicant will give to the lender an

assignment of insurance on the development to take place, in a form

satisfactory to the Provincial Treasurer.

Agreement with lender

3 As a condition precedent to the giving of a guarantee, the Provincial

Treasurer may require the lender to enter into an agreement in a form

satisfactory to the Provincial Treasurer respecting the terms and

conditions to which the guarantee is subject.

Maximum amount of guarantee

4 The maximum amount guaranteed an applicant must not exceed 50% of the

estimated cost of the development.

Guarantee period

5 The period of a guarantee must not exceed 30 years.

Repeal of AR 328/82

6 The Guaranteed Borrowing Regulation (AR 328/82) is repealed.

Repeal

7 This Regulation is repealed on the repeal of

section 33(1) of the

Agricultural Societies Act.

SCHEDULE

Camrose Regional Exhibition and Agricultural Society

Calgary Exhibition and Stampede Ltd.

Edmonton Northlands

Grande Prairie Regional Agricultural and Exhibition Society

Lethbridge and District Exhibition

Lloydminster Agricultural Exhibition Association Ltd.

Medicine Hat Exhibition and Stampede Company Ltd.

Olds Agricultural Society

Westerner Exposition Association

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

Alberta Regulation 140/98

Mines and Minerals Act

METALLIC AND INDUSTRIAL MINERALS

ROYALTY AMENDMENT REGULATION

Filed: July 8, 1998

Made by the Lieutenant Governor in Council (O.C. 299/98) pursuant to

sections 5 and 37 of the Mines and Minerals Act.

1 The Metallic and Industrial Minerals Royalty Regulation (AR 350/93) is

amended by this Regulation.

Section 9(2) and (3) are amended by striking out "10%" and substituting

"5%".

3 This Regulation applies to placer minerals as defined in

section 8(

c) of the Metallic and Industrial Minerals Royalty Regulation (AR 350/93) that

are obtained or produced in June of 1998 and later months.

Alberta Regulation 141/98

Libraries Act

LIBRARIES REGULATION

Filed: July 13, 1998

Made by the Minister of Community Development pursuant to

section 44 of the

Libraries Act.

Table of Contents

Definitions 1

Definition for Act 2

Part 1

Boards Generally

Reports of by-laws 3

Reports of policies 4

Meetings open to public 5

Public inspection of by-laws 6

Policies 7

Some types of inspections 8

Identification of inspector 9

Part 2

Community Boards

Functions 10

Report to Minister 11

Minutes to be filed upon request 12

Part 3

Municipal Boards

Plan of service 13

Employment of professional librarian 14

Report to Minister 15

Requests by Deputy Minister 16

When municipal library may be in a school 17

Part 4

Library System Boards

Plan of service 18

Employment of professional librarians 19

Reports to Minister 20

Requests by Deputy Minister 21

Part 5

Completion of Library Systems

Definitions 22

Library system membership 23

Resolutions before membership 24

Contents of agreement 25

Notice of withdrawal 26

Request to Minister 27

Mergers 28

Personal property of municipal board 29

Real property of library system board 30

Advisory committee 31

Library system board members 32

Appointment of additional members 33

Library system boundaries 34

Provincial resource sharing network 35

Part 6

Federation Boards

Definition 36

Eligible municipal boards 37

Resolution before membership 38

Documents for Minister's approval 39

Contents of agreement 40

Personal property of municipal board 41

Real property 42

Federation board members 43

Plan of service 44

Reports to Minister 45

Requests by Deputy Minister 46

Part 7

Repeal and Expiry

Repeal 47

Expiry 48

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Libraries Act;

(b) "Deputy Minister" means the Deputy Minister of Community

Development;

(c) "library resources" means any material, regardless of format,

that is held in a library's collection and includes books, periodicals,

audio recordings, video recordings, projected media, paintings, drawings,

photographs, micromaterials, toys and games, kits, CD-ROMs and electronic

databases;

(d) "library service point" means a facility that provides public

library services under the control and management of a board;

(e) "resource sharing" means making available to other libraries

the library resources owned by a board, the information contained in those

resources and the staff expertise required to locate and make available the

information or the library resources.

Definition for Act

2 For the purposes of the Act, "basic information service" means public

access to current and accurate information and assistance with making use

of information, communication technology and library resources.

PART 1

BOARDS GENERALLY

Reports of by-laws

3 Every board shall, within one year of being established, file with the

Minister a report that contains any by-laws passed by it under

section 40

of the Act and shall file further reports on any additional by-laws

immediately after their passage.

Reports of policies

4(1) Subject to subsection (2), every board shall file with the Minister a

report that contains the policies established by it under

section 7.

(2) A report under subsection (1) shall be filed

(

a) by a community board immediately after establishing the

policies,

(

b) by a municipal board within 2 years of the board's

establishment, and

(

c) by a library system board or a federation board, within 3 years

of the board's establishment.

(3) When a board revises any policy established by it under

section 7, the

board shall immediately file with the Minister a report of the revision.

Meetings open to public

5(1) Every meeting of a board is open to the public.

(2) A person or group may make representations to a board at its meeting

if the representations relate to the board and its programs.

Public inspection of by-laws

6(1) Every board that operates a library service point shall make its

by-laws available for inspection by any person during the hours that the

library service point is open to the public.

(2) A person who inspects a by-law under subsection (1) may copy it

according to the conditions and procedures established by the board.

Policies

7(1) Subject to

section 40 of the Act, every board shall establish

policies with respect to the following:

(

a) confidentiality of user records, except where disclosure is

required by law;

(

b) orientation and continuing education of board members and

staff, including expenses for attendance at library meetings, conference

workshops and courses and for memberships in library associations;

(

c) finance, including designation of expenses for which board

members and staff will be reimbursed, the form and manner in which those

expenses shall be claimed and the appointment of signing officers for the

board.

(2) Every board that operates a library service point shall, in addition

to establishing policies under subsection (1), establish policies with

respect to the following:

(

a) personnel, including job descriptions and performance

appraisals for employees and volunteers, qualifications for staff

positions, working hours, conditions of employment and a grievance

procedure;

(

b) selection, acquisition, purchase and disposition of library

resources, including a policy respecting gifts and donations;

(

c) resource sharing, including participation in a provincial

resource sharing network and the conditions that apply to the acquisition

of library resources and information from other sources, including

inter-library loans and information in electronic databases;

(

d) provision of library resources to persons unable to use

conventional print resources, including provision in co-operation with

community agencies;

loaned to members of the library for use in a location other than the

library;

(

f) hours of service at each library service point;

managed by the board that are not normally used for library purposes,

including who may use those areas.

(3) A library system board shall also establish a policy with respect to

the provision of municipal library services to any member municipality that

does not have a municipal board and shall ensure that by-laws under

section

3 and policies under subsections (1) and (2) apply to those library

services.

Some types of inspections

8 Without limiting the generality of

section 43 of the Act, the Minister

or a person authorized by the Minister may inspect the books, records and

accounts of a board

(

a) to determine the extent to which a board is meeting the

requirement to provide comprehensive and efficient service as defined by

that board,

(

b) to determine compliance with the Libraries Act and the

regulations under the Act,

(

c) to determine the adequacy of accounting practices and financial

controls,

(

d) to determine the use to which provincial grants are put, and

(

e) to assist a board in periodic reviews of its administrative

practices, policies, library collections and any other matters on which a

board may request advice.

Identification of inspector

9 Any person authorized by the Minister to inspect pursuant to

section 43

of the Act

(

a) shall carry an identification card bearing that person's

photograph, name, position and the signature of the Deputy Minister, or

(

b) shall carry an identification card bearing that person's

photograph, name and position and shall also carry written authorization

from the Minister to do the inspection.

PART 2

COMMUNITY BOARDS

Functions

10 In managing and controlling a community library, a community board may

(

a) assemble, make available, promote, preserve and dispose of

organized collections of library resources that, in the opinion of the

community board, are needed to meet the needs and interests of the

community,

(

b) provide staff with the knowledge and ability to help library

users find the ideas, information and resources to meet their interests,

(

c) initiate and promote information services, program events,

exhibits and other informational activities related to its goals and

objectives, and

(

d) provide fixtures, furnishings and accommodation necessary for

proper operation and maintenance of the library services and do all things

necessary to keep its assets in a proper state of preservation and repair.

Report to Minister

11 A community board shall annually complete and file with the Minister a

report in a form and containing the information required by the Minister.

Minutes to be filed upon request

12 The Deputy Minister may, by written request, require a community board

to file copies of the minutes of each of its meetings with the Deputy

Minister for the purpose of determining if the community board is complying

with the Act and this Regulation.

PART 3

MUNICIPAL BOARDS

Plan of service

13(1) In managing and controlling a municipal library, a municipal board

shall

(

a) within 3 years of being established, develop and file with the

Minister a plan of service with goals and objectives based on a needs

assessment of the municipality, and

(

b) annually review its plan of service.

(2) A municipal board shall file with the Minister a copy of its current

plan of service with goals and objectives not less frequently than every 5

years following the date on which the plan was previously filed with the

Minister.

Employment of professional librarian

14(1) Subject to subsections (2) and (3), a municipal board of any

municipality with a population of 10 000 or more shall, within 2 years of

completing a plan of service under

section 13(1)(a), employ a graduate of a

postgraduate library program in Canada or a person with equivalent

qualifications from another country.

(2) A person referred to in subsection (1) may be employed by a library

system and be based in the municipal library.

(3) This

section does not apply to any municipal board that

(

a) does not operate a library service point, and

(

b) has an agreement under

section 39 of the Act with another

municipal board that employs a person referred to in subsection (1).

Report to Minister

15 A municipal board shall annually complete and file with the Minister a

report in a form and containing the information required by the Minister.

Requests by Deputy Minister

16 The Deputy Minister may, by written request, require a municipal board

(

a) to file copies of the minutes of each of its meetings with the

Deputy Minister for the purpose of determining if the municipal board is

complying with the Act and this Regulation;

(

b) to make any survey that the Minister considers necessary

(

i) to obtain information on resource sharing, or

(ii) to assist in the development of policies and

procedures regarding networking between libraries.

When municipal library may be in a school

17 A municipal board shall not operate a library housed in a school

unless

(

a) the municipal board enters into an agreement with the school

authority that sets out the responsibilities of the municipal board and the

school authority for the operation of the library, including the

responsibilities of the employees and volunteers of both,

(

b) the municipal board has its own bank account and signing

officers, none of whom are employees of the school authority, and

(

c) the library is open to the public outside of the hours during

which the school is in operation for regular classes, including being open

during evenings or weekends or both, and during the summer.

PART 4

LIBRARY SYSTEM BOARDS

Plan of service

18(1) In managing and controlling a library system, a library system board

shall, within 4 years of being established, develop and file with the

Minister a plan of service with goals and objectives based on an assessment

(

a) the needs of the municipal boards within the library system,

(

b) the library needs of those school authorities that are parties

to an agreement referred to in

section 19 of the Act, and

(

c) the need for public library service generally.

(2) A library system board shall review and file with the Minister a copy

of its plan of service with goals and objectives every 3 years following

the date on which the plan was previously filed with the Minister.

(3) In developing a plan of service under this section, a library system

board shall establish and include procedures to address the following:

(

a) co-operation with municipal boards to assemble, make available,

promote, preserve and dispose of organized collections of library resources

to meet the needs and interests of the communities served;

(

b) employment of suitably qualified staff, with the knowledge and

ability to help municipal boards and their employees to provide

comprehensive and efficient library service as well as to operate the

library system;

(

c) co-operation with municipal boards and other groups in the

communities that it serves in the initiation and provision of information

services, program events and other activities related to its goals and

objectives;

(

d) provision of fixtures, furnishings and accommodation necessary

for proper operation and maintenance of the library services and

maintenance of the assets of the library system board in a proper state of

preservation and repair;

(

e) the development, implementation and operation of a provincial

resource sharing network in partnership with the Minister and other library

system boards.

Employment of professional librarians

19(1) A library system board shall employ, for every 25 000 persons that

it serves, a graduate of a postgraduate library program in Canada or a

person with equivalent qualifications from another country.

(2) A calculation under subsection (1) of the number of persons that a

library system board serves shall exclude the population of any

municipality in which a municipal board employs a person under

section 14.

Reports to Minister

20(1) A library system board shall annually complete and file with the

Minister a report in a form and containing the information required by the

Minister with respect to

(

a) the library system board, and

(

b) each library service point as specified by the Minister.

(2) A library system board shall file with the Minister a report

containing its minutes and resolutions as soon as practicable after each

meeting of the board.

Requests by Deputy Minister

21 The Deputy Minister may, by written request, require a library system

board

(

a) to make any survey that the Minister considers necessary

(

i) to obtain information on resource sharing, or

(ii) to assist in the development of policies and

procedures regarding networking between libraries;

(

b) to provide any information that the Minister considers

necessary to undertake a systematic review of library services within the

library system.

PART 5

COMPLETION OF LIBRARY SYSTEMS

Definitions

22 In this Part,

(a) "agreement" means an agreement referred to in

section 19 of the

Act;

(b) "jurisdiction" means a municipality, an improvement district, a

special area or a Metis settlement;

(c) "resource centre" means a municipal library within a library

system that the library system board designates as a resource centre.

Library system membership

23 A jurisdiction or school authority shall not request the Minister to

establish a library system under

section 19 of the Act unless a minimum of

75% of the parties to the agreement are jurisdictions.

Resolutions before membership

24(1) Before a jurisdiction becomes a member of a library system,

(

a) the municipal board in the jurisdiction shall pass a resolution

accepting service from the library system board and providing its

recommendations to the jurisdiction's council with respect to the

agreement;

(

b) the jurisdiction's council shall pass a resolution assenting to

the agreement.

(2) Before a school authority becomes a member of a library system, it

shall pass a resolution accepting service from the library system board on

Contents of agreement

25(1) An agreement shall at a minimum contain the following terms:

(

a) a formal indication of the parties' desire to enter into an

agreement;

(

b) a starting date for the agreement;

(

c) provision for parties to become members of the library system

after the starting date;

(

d) terms setting out the powers and duties of the library system

board;

(

e) provision for the establishment of an executive committee of

not more than 10 persons when the number of members of the library system

board is more than 20, and a statement of the powers and duties of that

committee;

(

f) terms specifying how to calculate the estimate of the money

required under

section 24 of the Act, the date on which payment of the

money becomes due and how the money is to be paid;

(

g) an explanation of the financial relationship between the

library system board and the parties to the agreement;

(

h) an explanation of the financial relationship between the

library system board and the municipal boards;

(

i) terms setting out the services that the library system board

will provide, including a commitment to make all library resources acquired

by the board available to all residents served by the library system;

(

j) an explanation of the relationship between the library system

board, the municipal boards and the board of the resource centre respecting

the provision of library services, subject to

section 25 of the Act;

(

k) provision for expansion of the library system to all

jurisdictions within the prescribed boundaries;

(

l) terms specifying the reports required by the library system

board from municipal boards and advisory committees and the reports to be

provided by the library system board to the councils;

(

m) terms governing the method for amendment, extension and renewal

of the agreement.

(2) An agreement shall be signed by the persons authorized by the councils

to enter into the agreement and by the chairs of municipal boards where

they exist.

(3) Subject to subsections (4) and (5), an executive committee under

subsection (1)(

e) shall include

(

a) one member from the board of the resource centre,

(

b) one member from each party to the agreement with a population

of 12 000 or more, and

(

c) representation from the other parties to the agreement with a

population of less than 12 000.

(4) The member from the board of the resource centre may concurrently

serve as a member under subsection (3)(b).

(5) Notwithstanding subsection (3), school authorities shall not have more

than 3 members on an executive committee.

Notice of withdrawal

26 If a party to an agreement gives notice of withdrawal under

section 28

of the Act, the library system board

(

a) shall, not later than 90 days prior to the effective date of

withdrawal, provide to that party's council and municipal board, if any, a

written appraisal of the expected effects of that withdrawal on the

provision of library services to the residents of that jurisdiction or

school authority, and

(

b) may request a review by that party's council and municipal

board, if any, of the notice of withdrawal.

Request to Minister

27(1) A jurisdiction or school authority that wants to become a member of

an existing library system shall forward to the Minister a request to that

effect.

(2) Section 23 applies to an application under this section.

(3) The Minister shall not approve an application to join an existing

library system unless a minimum of 75% of the parties to the agreement are

jurisdictions.

Mergers

28(1) Two or more library system boards may apply to the Minister for a

merger of their library systems into a single library system if at least

51% of the parties to each agreement, representing at least 51% of the

population of each library system, have passed a resolution approving the

proposed merger.

(2) An application under subsection (1)

(

a) shall be submitted not less than 60 days prior to the date on

which the proposed merger is planned to take effect, and

(

b) shall be accompanied with the following:

(

i) a proposed agreement to effect the merger;

(ii) a budget for the next fiscal year of the proposed

library system;

(iii) a plan of service with goals and objectives for the

proposed library system;

(iv) any recommendation for revision of boundaries.

Personal property of municipal board

29 All personal property of a municipal board on the date on which a

council signs an agreement affecting that board remains the property of the

municipal board unless

(

a) the municipal board agrees, by resolution of a 2/3 majority of

its membership, to transfer its assets to the library system board, or

(

b) in the case of library resources, the municipal board agrees,

by resolution, to transfer its library resources to the library system

board for use elsewhere in the library system or for disposal.

Real property of library system board

30 A library system board may not hold or own real property unless it is

required for the purposes of administering the library system or for

distribution of library resources.

Advisory committee

31(1) A member of a library system board who is appointed by the council

of a jurisdiction that does not have a municipal board shall receive any

concerns respecting library service to that jurisdiction's residents from

an advisory committee appointed by the council to transmit those concerns.

(2) If a council does not appoint an advisory committee, the library

system board may appoint an advisory committee to act under subsection (1).

Library system board members

32(1) When a library system board is established, it shall prepare a list

that names every library system board member appointed by the councils that

have signed the agreement.

(2) An appointment under

section 22(

a) of the Act shall not exceed a term

of 3 years.

(3) A council of a municipality, Metis settlement or school authority

shall not appoint a member under

section 22(

a) of the Act to serve for

more than 9 consecutive years without the approval of 2/3 of all the

members of that council.

(4) Any vacancy in the membership of a library system board shall be

filled in accordance with

section 22 of the Act as soon as reasonably

possible.

(5) Subject to subsections (4) and (6), a council may, with respect to

appointments under

section 22(

a) of the Act, appoint an alternate member to

the library system board if its library system board member

(

a) is unable to attend a meeting of the library system board, and

(

b) has given notice to the library system board that an alternate

member will attend.

(6) The alternate member shall not act in place of the library system

board member at more than 2 consecutive meetings except by resolution of

the library system board.

Appointment of additional members

33(1) The Minister may, for terms determined by the Minister, appoint

pursuant to

section 22(

d) of the Act additional members to a library system

board if the Minister considers it necessary for the effective management

of the board.

(2) The board of a resource centre may, pursuant to

section 22(

d) of the

Act, appoint one additional member to the library system board for a term

not exceeding 3 years.

Library system boundaries

34(1) For the purposes of

section 20(1)(

b) of the Act, the boundaries of

each library system are as set out in the

Schedule to this Regulation.

(2) Notwithstanding the Schedule, the municipalities of Grande Cache and

Slave Lake may join either the Peace or Yellowhead library systems.

Provincial resource sharing network

35 Every jurisdiction and school authority that is a member of a library

system shall, for the purpose of managing its library services or public

libraries, meet the requirements of the provincial resource sharing

network.

PART 6

FEDERATION BOARDS

Definition

36 In this Part, "agreement" means an agreement referred to in

section

34.1 of the Act.

Eligible municipal boards

37(1) The municipal boards of Strathcona County, St. Albert or Fort

Saskatchewan may form a federation board with The City of Edmonton Library

Board.

(2) The municipal board of Airdrie may form a federation board with The

City of Calgary Library Board.

Resolution before membership

38 Before becoming a member of a federation board, a municipal board

shall pass a resolution accepting service from the federation board

according to the agreement.

Documents for Minister's approval

39(1) Before an agreement is entered into, the municipal boards that

propose to form a federation board shall provide the following documents to

the Minister:

(

a) written resolutions from 2 or more municipal boards, one of

which must be either The City of Calgary Library Board or The City of

Edmonton Library Board, that endorse the formation of a federation board

and signify assent to the terms of the proposed agreement;

(

b) a plan of service with goals and objectives for the proposed

federation board;

(

c) a budget for the first 2 fiscal years of the proposed

federation board.

(2) Each document referred to in subsection (1) must be approved by the

municipal boards not more than 90 days before being provided to the

Minister.

(3) On receiving approval from the Minister of the documents provided

under subsection (1), municipal boards that enter into an agreement may

proceed with a request to the Minister under

section 34.1(1) of the Act to

establish a federation board.

(4) A request under

section 34.1(1) of the Act shall be accompanied with

the following:

(

a) a copy of the agreement signed by each party;

(

b) a list of the names, addresses and telephone numbers of each

party's board members.

Contents of agreement

40(1) An agreement shall at a minimum contain the following terms:

(

a) a formal indication of the parties' desire to enter into an

agreement;

(

b) a starting date for the agreement;

(

c) provision for parties to become members of the federation board

after the starting date;

(

d) terms setting out the powers and duties of the federation

board;

(

e) an explanation of the relationship between the federation board

and each member respecting the manner in which the relationship will

operate and how library services will be provided;

(

f) terms specifying how to calculate each party's share of the

federation board expenses under

section 34.1(2)(

c) of the Act, the date on

which payment of the money becomes due and how the money is to be paid;

(

g) an explanation of the financial relationship between the

federation board and the parties to the agreement;

(

h) terms setting out the services that the federation board will

provide, including a commitment to make all library resources acquired by

the board available to all residents served by the members of the

federation board;

(

i) terms specifying the reports that are required to be provided

to each other by the federation board and the municipal boards;

(

j) terms governing the method for amendment, extension and renewal

of the agreement.

(2) An agreement shall be signed by the persons authorized by the

municipal boards to enter into the agreement.

Personal property of municipal board

41 All personal property of a municipal board on the date on which it

enters into an agreement remains the property of the municipal board.

Real property

42 A federation board may not own or hold real property.

Federation board members

43(1) When a federation board is established, it shall prepare a list that

names every federation board member appointed by each party to the

agreement.

(2) Any vacancy arising from any cause in the membership of a federation

board shall be filled in accordance with

section 34.2 of the Act as soon as

reasonably possible.

(3) Subject to subsection (2), a municipal board may, with respect to

appointments under

section 34.2 of the Act, appoint an alternate member to

the federation board if its federation board member

(

a) is unable to attend a meeting of the federation board, and

(

b) has given notice to the federation board that an alternate

member will attend.

Plan of service

44(1) In managing and controlling a federation, a federation board shall,

within 4 years of being established, prepare and file with the Minister a

report that

(

a) assesses the needs of its member municipal boards for

federation services,

(

b) assesses the need for public library service generally, and

(

c) develops goals and objectives suitable to meeting those needs.

(2) A federation board shall review at least every 3 years the goals and

objectives developed under subsection (1).

(3) A federation board

(

a) shall, within one year of filing its report under subsection

(1), develop and file with the Minister a plan for comprehensive and

efficient service that implements the goals and objectives developed under

subsection (1), and

(

b) shall review and file with the Minister a copy of its plan

under clause (

a) not less frequently than every 5 years and not more

frequently than every 3 years following the date on which the plan was

previously filed with the Minister.

Reports to Minister

45 A federation board shall

(

a) annually complete and file with the Minister a report in a form

and containing the information required by the Minister, and

(

b) file with the Minister a report containing its minutes and

resolutions as soon as practicable after each meeting of the board.

Requests by Deputy Minister

46 The Deputy Minister may, by written request, require a federation

board

(

a) to make any survey that the Minister considers necessary

(

i) to obtain information on resource sharing, or

(ii) to assist in the development of policies and

procedures regarding networking between libraries;

(

b) to provide any information that the Minister considers

necessary to undertake a systematic review of library services within the

federation.

PART 7

REPEAL AND EXPIRY

Repeal

47 The Libraries Regulation (AR 342/84) is repealed.

Expiry

48 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 September 30, 2003.

SCHEDULE

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

Alberta Regulation 142/98

Marketing of Agricultural Products Act

ALBERTA CANOLA PRODUCERS MARKETING REGULATION

Filed: July 13, 1998

Made by the Alberta Canola Producers Commission pursuant to

section 26 of

the Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Service charges 2

Variation of service charge 3

Collection of service charge 4

Refund of service charges 5

Dealer's licence required 6

Application for dealer's licence 7

Granting of dealer's licence 8

Authority of dealer's licence 9

Disposal of dealer's licence 10

Term of dealer's licence 11

Refusal to grant a dealer's licence 12

Suspension or cancellation of dealer's licence 13

Hearing 14

Report to Commission 15

Information 16

Inspection of records 17

Use of funds 18

Interest 19

Legal action 20

Repeal 21

Expiry 22

Definitions

1(1) In this Regulation,

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

(b) "Plan" means the Alberta Canola Producers Marketing Plan.

(2) Words that are defined in either the Act or the Plan have the same

meaning when used in this Regulation.

Service charges

2 On the coming into force of this Regulation, any producer who sells any

regulated product must pay to the Commission a service charge in the amount

of $.50 per metric tonne or portion of metric tonne of regulated product

sold.

Variation of service charge

3(1) After the establishment of the Plan, the Board of Directors of the

Commission may, on behalf of the Commission, change the amount of the

service charge.

(2) Notwithstanding subsection (1), a change in the amount of the service

charge is not effective until it has been approved by the eligible

producers at an annual Commission meeting or a special Commission meeting.

Collection of service charge

4(1) All dealers who

(

a) purchase regulated product from a producer, or

(

b) acquire regulated product from a producer for sale on the

producer's behalf

must deduct the amount of the service charge from any proceeds payable to

or on behalf of the producer.

(2) Any dealer who collects a service charge must, subject to any

directions given by the Commission, pay the amount of the service charge to

the Commission within 55 days from the end of the month within which the

service charge was collected.

(3) Any person required to collect and pay to the Commission the service

charge payable by a producer must, when that person pays the service charge

to the Commission, provide to the Commission, in respect of that producer,

a

summary detailing

(

a) the amount of regulated product acquired from the producer,

(

b) the amount of service charge being paid on behalf of the

producer,

(

c) the name and address of the producer, and

(

d) the Canadian Wheat Board identification number, if available.

(4) A person who is a producer and a dealer is entitled to all the rights

and privileges, and is subject to all the duties and obligations of a

producer and a dealer.

(5) A person who is a producer and a dealer is deemed

(

a) to have received canola in that person's capacity as a dealer

from that producer in the capacity as a producer of the canola, and

(

b) to have contracted, in that producer's capacity as a dealer,

with that producer in that producer's capacity as a producer, for the

marketing of the canola on the condition that this Regulation applies.

Refund of service charges

5(1) Any service charge that is paid by or on behalf of a producer must be

refunded to the producer on request of the producer.

(2) A request for a refund of the service charge must

(

a) be made in writing on a form that is provided by or acceptable

to the Commission, and

(

b) contain the following information:

(

i) the producer's name;

(ii) the producer's mailing address and telephone

number;

(iii) the producer's identification number, if available;

(iv) the quantity of regulated product sold;

(

v) the name and address of any dealer who collected

the service charge on behalf of the producer;

(vi) any specifics of the refund request.

(3) Requests for refunds must be received by the Commission at its head

office

(

a) prior to the end of August, for service charges collected

during the period commencing on the previous February 1 and ending on July

31, and

(

b) prior to the end of February, for service charges collected

during the period commencing on the previous August 1 and ending on January

(4) Any request for a refund that is not received by the Commission within

the time periods specified under subsection (3) shall not be considered by

the Commission and the producer is not entitled to a refund in respect of

the service charges in question.

(5) Notwithstanding subsection (4), the Board of Directors 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 subsection (3).

(6) The Commission must refund the service charge to the producer

(

a) within 90 days after the end of the period in which the request

for a refund of the service charges is received in accordance with

subsection (3), or

(

b) within 90 days after receipt of the request for a refund, in a

case where the request is received and considered under subsection (5).

Dealer's licence required

6(1) No person shall carry on the business of a dealer in the regulated

product unless that person is licensed as a dealer under this Regulation.

(2) If a person is both a producer and a dealer, that person shall not

carry on the business of a dealer in the regulated product unless that

person is licensed as a dealer under this Regulation.

(3) No person, other than a producer, shall engage in the marketing of the

regulated product unless that person is licensed as a dealer under this

Regulation.

Application for dealer's licence

7(1) Every person who wishes to deal in the regulated product must apply

to the Commission for a dealer's licence.

(2) An applicant for a dealer's licence must provide to the Commission in

a form prescribed by the Commission

(

a) the name, telephone number and mailing address of the

applicant,

(

b) the address of the applicant, if it is different from the

mailing address, and

(

c) such other information as the Commission may require.

Granting of dealer's licence

8 If the Commission is satisfied that a dealer's licence should be

granted to the applicant, the Commission must grant the applicant a

dealer's licence in a form prescribed by the Commission.

Authority of dealer's licence

9 A dealer's licence is authority for the dealer to receive and deal in

the regulated product in accordance with this Regulation.

Disposal of dealer's licence

10 A dealer's licence becomes void when the dealership is sold,

transferred, assigned or otherwise disposed of.

Term of dealer's licence

11 The term for a dealer's licence commences on August 1 and ends on July

31 of the following year.

Refusal to grant a dealer's licence

12 The Commission may refuse to grant a dealer's licence

(

a) if it is satisfied that the applicant

(

i) will not comply with the Act, the Plan, this or

other regulations applying to the applicant or orders or directions of the

Council or the Commission,

(ii) will not comply with any other statute, regulation

or order applicable to the business in which the applicant is engaged, or

(iii) does not have a licence from the Canadian Grain

Commission,

(

b) for any other lawful reason the Commission considers proper.

Suspension or cancellation of dealer's licence

13(1) If the Commission is of the opinion that a holder of a dealer's

licence has

(

a) failed to comply with the Act, the Plan or any regulation under

the Act, or

(

b) failed to comply with any order or direction of the Council or

the Commission,

the Commission may suspend or cancel that dealer's licence.

(2) The Commission may suspend or cancel a person's dealer's licence if

that person's licence issued by the Canadian Grain Commission is suspended

or cancelled.

Hearing

14(1) If the Commission refuses to grant a licence or suspends or cancels

a licence, the Commission must notify the person who was refused a licence

or whose licence was suspended or cancelled, of its decision.

(2) If a person receives a notice under subsection (1), that person may

make application to the Commission for a hearing to show cause why the

dealer's licence should not be refused, suspended or cancelled.

(3) If the Commission receives an application under subsection (2), it

must give notice to the person who made the application of the date, place

and time that a hearing into the matter will be held.

(4) At the hearing referred to in subsection (3), the person who made the

application under subsection (2) must be given an opportunity

(

a) to show cause why a dealer's licence should be granted, or

(

b) to show cause why the person's dealer's licence should not be

suspended or cancelled.

(5) Following a hearing under this section, the Commission must notify the

person in respect of whom the hearing was held of its decision.

(6) A dealer who receives a notice of suspension or cancellation under

this

section must, on receipt of the notice, forthwith cease receiving the

regulated product.

Report to Commission

15 A dealer must

(

a) record for each month the total volume of regulated product

acquired by the dealer from producers, and

(

b) report to the Commission the amounts so determined for that

month and forward this report to the Commission within 55 days from the end

of the month within which the service charges were collected.

Information

16 The Commission may request from a producer or a dealer the following

information:

(

a) the amount of regulated product marketed by a producer and the

details of the marketing;

(

b) the amount of regulated product marketed by a person and the

manner in which the regulated product is marketed;

(

c) any other general information relating to production and

marketing of the regulated product that the Commission requires to carry

out its purposes under the Act and the Plan.

Inspection of records

17 If the Commission is of the opinion that circumstances warrant it, the

Commission may in writing require that a dealer produce for the

Commission's inspection any record in the possession or under the control

of the dealer that relates to the collection of service charges by the

dealer.

Use of funds

18 Any funds received by the Commission under the Plan plus interest that

accrues on the funds must be used by the Commission for purposes of paying

its expenses and administering the Plan and this Regulation.

Interest

19 Interest must be paid to the Commission for any late payment of

service charges or licence fees at the rate of 1% per month calculated on

the balance due.

Legal action

20 The Commission may commence and maintain any legal action that is

necessary to enforce the payment of service charges that are payable under

the Plan and this Regulation.

Repeal

21 The Alberta Canola Producers Marketing Regulation (AR 175/89) is

repealed.

Expiry

22 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 February 28, 2003.

Alberta Regulation 143/98

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: July 14, 1998

Made by the Alberta Energy and Utilities Board pursuant to sections 47 and

48 of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulations (AR 151/71) are amended by

this Regulation.

Section 16.081 is repealed and the following is substituted:

16.081 For the 1998/99 fiscal year of the Board, an annual

adjustment factor of

(a) .996 shall be applied to the administration fees in

section 16.070, and

(b) 2.25 shall be applied to the administration fees in

section 16.080.

Section 16.100 is repealed and the following is substituted:

16.100 For the purpose of

Part 11 of the Act, the prescribed date

for the 1998/99 fiscal year of the Board is March 31, 1999.