Alberta Regulation 192/2006

Protection Against Family Violence Act

PROTECTION AGAINST FAMILY VIOLENCE AMENDMENT REGULATION

Filed: August 9, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 361/2006)

on August 9, 2006 pursuant to

section 14 of the Protection Against Family Violence

Act.

1 The Protection Against Family Violence Regulation

(AR 80/99) is amended by this Regulation.

Section 1 is amended

(

a) in subsection (1)

(

i) in clause (

b) by adding "a person or" after

"means";

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

(d) "order" means an emergency protection order.

(

b) in subsection (2) by repealing clause (b).

Section 3 is repealed and the following is substituted:

Designated persons

3 The following are designated persons for the purpose of

applying for orders under

section 6(1)(

b) of the Act:

(

a) a peace officer or a person authorized by a police

service to assist in applying for orders;

(

b) a director designated under

section 129 of the Child,

Youth and Family Enhancement Act;

(

c) a person or category of persons authorized by the

Minister of Children's Services to apply for orders.

Section 4 is repealed and the following is substituted:

Applications in person or by telecommunication

4(1) An application for an order shall be made in person.

(2) Notwithstanding subsection (1), a designated person may

apply for an order by telecommunication.

Section 5(1) is repealed and the following is substituted:

Evidence at hearing

5(1) At the hearing of an application for an order, a judge shall

(

a) take the evidence under oath in accordance with the Alberta

Evidence Act, and

(

b) ensure that a record of the evidence of each person is made

(

i) in legible writing in the form of notes made by the judge

or a statement of the person giving the evidence, or

(ii) by a sound recording of the proceedings.

Section 6 is repealed and the following is substituted:

Emergency protection order

6 When a judge grants an order, the judge shall complete the

original order and, for the purposes of sections 7 and 10(2),

(

a) ensure 3 copies are made, or

(

b) if the order is granted by telecommunication, direct the

designated person to complete 3 copies of the order

containing the same information and provisions as the

original order.

Section 7(2) is repealed and the following is substituted:

(2) Where a person makes an application on behalf of a claimant,

that person shall provide a copy of the order to the claimant.

Section 8 is amended

(

a) by repealing subsection (1) and substituting the

following:

Substitutional service

8(1) If it is impractical for any reason to personally serve an

order pursuant to

section 7(1), a designated person may apply

to a judge, in person or by telecommunication, for an order

for substitutional service.

(

b) in subsection (3) by striking out "an order that

authorizes substitutional service of an emergency protection

order" and substituting "a substitutional service order".

Section 10(2) is amended by striking out "5(1)(c)" and

substituting "2(6) of the Act".

Section 12 is amended by striking out "2012" and

substituting "2016".

11 In the following provisions, "emergency protection" is

struck out:

section 7;

section 9;

section 10.

12 This Regulation comes into force on the coming into

force of the Protection Against Family Violence Amendment

Act, 2006.

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

Alberta Regulation 193/2006

Agricultural Operation Practices Act

AGRICULTURAL OPERATIONS,

PART 2 MATTERS

AMENDMENT REGULATION

Filed: August 9, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 363/2006)

on August 9, 2006 pursuant to

section 44 of the Agricultural Operation Practices Act.

1 The Agricultural Operations,

Part 2 Matters Regulation

(AR 257/2001) is amended by this Regulation.

Section 1(1) is amended

(

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

(a.1) "ancillary structure" means any other building or

structure as described in the definition of a confined

feeding operation in the Act but does not include a

manure storage facility or a manure collection area;

(

b) by repealing clauses (

c) and (

d) and substituting

the following:

(c) "construction", with respect to a structure, confined

feeding operation or manure storage facility, does not

include

(

i) expansion, modification or general maintenance of

the structure, confined feeding operation or

manure storage facility, and

(ii) the clearing and levelling of land;

(d) "expansion",

(

i) with respect to a confined feeding operation,

means the construction of additional facilities to

accommodate more livestock, and

(ii) with respect to a manure storage facility or manure

collection area, means the construction of

additional facilities to store more manure,

composting materials or compost.

Section 2 is amended

(

a) in subsection (1) by striking out "construct or expand"

and substituting "commence construction or expansion

of";

(

b) by repealing subsection (2) and substituting the

following:

(2) Subject to subsection (3), an owner or operator of a

confined feeding operation who holds an approval is not

required to apply for an amendment to the approval or for

another approval when the owner or operator wishes to change

the type of livestock within the same category, and as a result,

change the number of animals, at the confined feeding

operation unless the change will increase the amount of manure

produced, on an annual basis, at the confined feeding operation

beyond the amount of manure produced by the type of

livestock and number of animals allowed by the owner's or

operator's approval.

(c) subsection (3) is amended

(

i) by striking out "the Board" and substituting "an

approval officer";

(ii) by striking out "or number" and substituting "and

number";

(

d) by repealing subsection (4) and substituting the

following:

(4) An owner or operator of a confined feeding operation who

holds an approval is not required to apply for an amendment to

the approval or for a new approval if

(

a) the owner or operator is not reconstructing or modifying

a part of the confined feeding operation where manure,

composting materials or compost accumulates or is

stored and if the reconstruction or modification will not

result in an increased capacity of the manure storage

facility or the manure collection area of the confined

feeding operation, or

(

b) the owner or operator holds an authorization to

commence construction, expansion or modification of

the manure storage facility or the manure collection area

of the confined feeding operation.

Section 3 is amended

(

a) in subsection (1) by striking out "construct or expand"

and substituting "commence construction or expansion

of";

(

b) by repealing subsection (2) and substituting the

following:

(2) Subject to subsection (3), an owner or operator of a confined

feeding operation who holds a registration is not required to

apply for an amendment to the registration or for another

registration when the owner or operator wishes to change the

type of livestock within the same category, and as a result,

change the number of animals, at the confined feeding operation

unless the change will increase the amount of manure produced,

on an annual basis, at the confined feeding operation beyond the

amount of manure produced by the type of livestock and number

of animals allowed by the owner's or operator's registration.

(

c) in subsection (3)

(

i) by striking out "the Board" and substituting "an

approval officer";

(ii) by striking out "or number" and substituting "and

number";

(

d) by repealing subsection (4) and substituting the

following:

(4) An owner or operator of a confined feeding operation who

holds a registration is not required to apply for an amendment

to the registration or for a new registration if

(

a) the owner or operator is not reconstructing or modifying

a part of the confined feeding operation where manure,

composting materials or compost accumulates or is

stored and if the reconstruction or modification will not

result in an increased capacity of the manure storage

facility or the manure collection area of the confined

feeding operation, or

(

b) the owner or operator holds an authorization to

commence construction, expansion or modification of

the manure storage facility or the manure collection area

of the confined feeding operation.

Section 4 is repealed and the following is substituted:

Authorization required

4(1) An authorization is required to commence construction,

expansion or modification of a manure storage facility that is not

part of a confined feeding operation if the manure storage facility

contains or is to contain a total of 500 tonnes or more of manure,

composting materials and compost for 7 months or more in any

calendar year.

(2) An authorization is required to commence construction,

expansion or modification of a manure storage facility or a manure

collection area that is part of a confined feeding operation unless

the owner or operator of the confined feeding operation holds an

approval or a registration authorizing the construction, expansion

or modification.

(3) Despite subsections (1) and (2), an owner or operator of a

manure storage facility or a confined feeding operation who holds

an authorization is not required to apply for an amendment to the

authorization or for a new authorization if the owner or operator is

not reconstructing or modifying the part of the manure storage

facility or the manure collection area where manure, composting

materials or compost accumulates or is stored and if the

reconstruction or modification will not result in an increased

capacity of the manure storage facility or the manure collection

area.

6 The following is added after

section 4:

Ancillary structures

4.1(1) An owner or operator of a confined feeding operation who

holds an approval or registration

(

a) is not required to apply for an amendment to the

approval or registration or for a new approval or

registration for construction, reconstruction or

modification of an ancillary structure, but

(

b) must provide an approval officer or the Board with

notice in writing prior to the commencement of

construction, reconstruction or modification of an

ancillary structure.

(2) On receipt, by an approval officer or the Board, of a notice

under subsection (1)(b), the ancillary structure described in the

notice forms part of the confined feeding operation for which the

owner or operator holds an approval or registration.

Section 5.1 is amended

(

a) by striking out "on a confined feeding operation";

(

b) by adding "an approval officer or" before "the Board".

Schedule 1 and

Schedule 2 are repealed and the

following is substituted:

Schedule 1

Animal Units

Category of

Livestock

Type of Livestock

Factor to be

used to

determine the

animal units

Beef

Cows/Finishers (900+ lbs)

1.1

Feeders (450 - 900 lbs)

Feeder Calves ( 750 lbs

Foals 750 lbs

100 - 299

300+

Foals