Alberta Gazette — documents gazette 1998 pdf 1215 ii.pdf

documents gazette 1998 pdf 1215 ii.pdf

Alberta — Gazette

THE ALBERTA GAZETTE,

PART II, DECEMBER 15, 1998

Alberta Regulation 236/98

Cemeteries Act

EXEMPTION REGULATION

Filed: November 18, 1998

Made by the Lieutenant Governor in Council (O.C. 472/98) pursuant to

section 60 of the Cemeteries Act.

Table of Contents

Definition 1

Exemption for title registration 2

Commercial owners exemption for columbaria and mausolea 3

Repeal 4

Expiry 5

Coming into force 6

Schedule

Definition

1 In this Regulation, "Act" means the Cemeteries Act.

Exemption for title registration

2 Subject to the conditions, where applicable, stipulated in the

Schedule, the cemeteries listed in the

Schedule are exempt from the

provisions of the Act and regulations under the Act that require that title

to land in a cemetery be registered in the name of the organization

operating the cemetery.

Commercial owners exemption for columbaria and mausolea

3(1) In this section,

(a) "cemetery" means

(

i) Edenbrook Memorial Gardens (Calgary);

(ii) Mountain View Memorial Gardens (Calgary);

(iii) Evergreen Memorial Gardens (Edmonton);

(iv) Glenwood Memorial Gardens (Edmonton);

(

v) Saamis Prairie View Cemetery, formerly known as

Chapel Lawn Cemetery (Medicine Hat);

(vi) Westlawn Memorial Gardens (Edmonton);

(vii) St. Patrick's Cemetery (Calgary);

(b) "owner" means

(

i) CGRM Holdings Ltd.;

(ii) Memorial Gardens Association (Alberta) Limited;

(iii) Calgary Crematorium Limited.

(2) All existing and future columbaria and mausolea constructed or

operated in Alberta by an owner in a cemetery operated by that owner in

accordance with the Act are exempt from the operation of

section 5 of the

Act.

(3) As a condition of an exemption under subsection (2), the owner shall

obtain any permit or approval required in respect of a columbarium or

mausoleum by any enactment or municipal bylaw.

Repeal

4 Sections 13 to 17 and

Schedule 2 of the Cemeteries, Mausolea and

Columbaria Regulation (AR 238/90) are repealed.

Expiry

5 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 November 30, 2003.

Coming into force

6 This Regulation comes into force on December 1, 1998.

SCHEDULE

EXEMPTIONS UNDER

SECTION 2

1 The following cemeteries operated by the Special Areas Board:

(

a) the New Brigden Cemetery, consisting of 2 acres, in the form of

a square in the south-east corner of the north-east quarter of

section 34,

township 31, range 4, west of the 4th meridian;

(

b) the Monitor Cemetery, consisting of all that portion of the

south-west quarter of

section 7, township 35, range 4, west of the 4th

meridian, described as follows: commencing at a point on the west boundary

of the said quarter

section 900 feet south of the north-west corner

thereof, thence easterly and parallel with the north boundary of the said

quarter

section 730 feet, thence southerly and parallel with the said west

boundary 180 feet, thence westerly and parallel to the said north boundary

to a point on the said west boundary, thence northerly along the said west

boundary to the point of commencement, containing approximately 3 acres;

(

c) the Butte Lutheran Cemetery (Monitor), consisting of the most

northerly 297 feet of the most westerly 297 feet of the north-east quarter

section 10, township 33, range 5, west of the 4th meridian;

(

d) the Cop Hill Cemetery (Sedalia), consisting of all that portion

of the south-east quarter of

section 14, township 31, range 6, west of the

4th meridian, described as follows: commencing at a point on the south

boundary of the said quarter

section 412 feet east of the south-west corner

thereof, thence northerly and parallel to the east boundary of the said

quarter

section 264 feet, thence easterly and parallel to the said south

boundary 330 feet, thence southerly and parallel to the said east boundary

to a point in the said south boundary, thence westerly along the said south

boundary to the point of commencement, containing 2 acres, more or less;

(

e) the Cessford Cemetery, consisting of the most northerly 300

feet of the most easterly 300 feet of the north-east quarter of

section 33,

township 23, range 11, west of the 4th meridian, containing approximately

1.5 acres;

(

f) the Union Cemetery (Spondin), consisting of the most southerly

208 feet of the most westerly 417 feet of the south-east quarter of

section

2, township 34, range 12, west of the 4th meridian, containing 2 acres,

more or less;

(

g) the Netherby Cemetery, consisting of all that portion of the

north-east quarter of

section 20, township 33, range 13, west of the 4th

meridian, described as follows: commencing at a point on the east boundary

of the said quarter

section 416 feet south of the north-east corner

thereof, thence southerly along the said east boundary 208.7 feet, thence

westerly and parallel to the north boundary of the said quarter

section

208.7 feet, thence northerly and parallel to the said east boundary 208.7

feet, thence easterly and parallel to the said north boundary to the point

of commencement, containing one acre, more or less;

(

h) the Canmer (Esther) Cemetery, consisting of the most southerly

470 feet of the most westerly 464 feet of the south-west quarter of

section

29, township 31, range 2, west of the 4th meridian, containing

approximately 5 acres;

(

i) the Sibbald Cemetery, consisting of the most southerly 300 feet

of the most westerly 580 feet of the south-east quarter of

section 15,

township 28, range 2, west of the 4th meridian, containing approximately 4

acres.

2 The St. Antoine's Roman Catholic Cemetery near Big Prairie, operated by

La Corporation Episcopale Catholique Romaine de Grouard, consisting of all

that portion of River Lot 97, in the Big Prairie Settlement, described as

follows: commencing at a point 510 feet south-westerly from the north-east

boundary of the said River Lot on a line drawn parallel to and 350 feet

from the south-east boundary of the said River Lot, thence south-westerly

and parallel to the south-east boundary 156 feet, thence north-westerly and

parallel to the said north-east boundary 168 feet, thence north-easterly

and parallel to the said south-east boundary 156 feet, thence

south-easterly and parallel to the said north-east boundary to the point of

commencement, containing approximately of an acre, more or less, on the

condition that there shall be no charge for grave plots in the cemetery.

3 The Sunnydale Community Cemetery near Oyen, consisting of 2.27 acres,

more or less, in the north-east corner of the south-east quarter of

section

35, township 26, range 5, west of the 4th meridian, on the condition that

there shall be no charge for grave plots in the cemetery.

4 The Barnwell Community Cemetery operated by the Barnwell Community

Cemetery Company, Barnwell, consisting of 10 acres, more or less, in the

north-east quarter of

section 29, township 9, range 17, west of the 4th

meridian, on the condition that the cemetery continues to be operated for

the benefit of the residents of the area and not operated for profit.

5 The following cemeteries operated by the County of Forty Mile No. 8:

(

a) The Faith Union Cemetery, consisting of the most northerly

417.42 feet of the most westerly 417.42 feet of the north-west quarter of

section 13, township 4, range 9, west of the 4th meridian, containing 4

acres, more or less, on the condition that there shall be no charge for

grave plots in the cemetery;

(

b) The Pakowki Cemetery, consisting of 3.84 acres, more or less,

in the north-west corner of the north-west quarter of

section 15, township

5, range 7, west of the 4th meridian, on the condition that there shall be

no charge for grave plots in the cemetery.

6 The Town of Coleman Union and Catholic Cemetery, operated by the Town

of Coleman and consisting of

(

a) all that portion of the north-east quarter of

section 8,

township 8, range 4, west of the 5th meridian, shown as Catholic Cemetery

on a plan dated March 1, 1966, initialled J.A.K., and

(

b) all those portions of the north-east quarter of

section 8 and

the south-east quarter of

section 17 and the intervening Road Allowance in

township 8, range 4, west of the 5th meridian, shown as Union Cemetery on a

plan dated March 1, 1966, initialled J.A.K.

Alberta Regulation 237/98

Direct Sales Cancellation Act

DIRECT SALES CANCELLATION AMENDMENT REGULATION

Filed: November 18, 1998

Made by the Lieutenant Governor in Council (O.C. 473/98) pursuant to

section 2 of the Direct Sales Cancellation Act.

1 The Direct Sales Cancellation Regulation (AR 171/96) is amended by this

Regulation.

Section 1 is amended by adding the following after clause (c):

(

d) pre-need contracts for the provision of cemetery supplies or

cemetery services or both if the seller and salesperson are licensed under

the Cemeteries Act to enter into those contracts;

(

e) pre-need funeral services contracts if the seller and

salesperson are licensed under the Funeral Services Act to enter into those

contracts.

3 This Regulation comes into force on December 1, 1998.

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

Alberta Regulation 238/98

Judgment Interest Act

JUDGMENT INTEREST AMENDMENT REGULATION

Filed: November 18, 1998

Made by the Lieutenant Governor in Council (O.C. 475/98) pursuant to

section 4 of the Judgment Interest Act.

1 The Judgment Interest Regulation (AR 364/84) is amended by this

Regulation.

2 The following is added after

section 15:

16 The interest rate from January 1, 1999 to December 31, 1999 is

prescribed at 4% per year.

Alberta Regulation 239/98

Health Disciplines Act

RESPIRATORY THERAPISTS AMENDMENT REGULATION

Filed: November 18, 1998

Approved by the Lieutenant Governor in Council (O.C. 480/98) pursuant to

sections 7.9 and 27 of the Health Disciplines Act.

1 The Respiratory Therapists Regulation (AR 328/85) is amended by this

Regulation.

Section 1(

b) is repealed and the following is substituted:

(b) "College" means the Alberta College and Association of

Respiratory Therapy designated under

section 4.2(

b) of the Act;

3 In the following provisions "Association" is struck out and "College"

is substituted:

section 2(e);

section 3(3);

section 9.1.

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

Alberta Regulation 240/98

Coal Conservation Act

COAL CONSERVATION AMENDMENT REGULATION

Filed: November 18, 1998

Made by the Lieutenant Governor in Council (O.C. 482/98) pursuant to

section 9 of the Coal Conservation Act.

1 The Coal Conservation Regulation (AR 270/81) is amended by this

Regulation.

2 Sections 7, 11, 13, 18 and 20 are repealed.

Section 74(3) is amended by striking out "and pay the fee prescribed by

section 86".

4 The heading "PART 8 PERFORMANCE BONDS AND

SCHEDULE OF FEES" preceding

section 82 is amended by striking out "SCHEDULE OF".

Section 86 is repealed.

Section 87 is repealed and the following is substituted:

87 The fees payable to the Board for any map, report, document or

other record of the Board or for any service provided by the Board shall be

the amount of money that the Board requires to recover its costs of copying

or producing the record or of providing the service.

Section 88 is amended

(

a) by striking out "sections 86 and" and substituting "section";

(

b) by striking out "those sections" and substituting "that

section".

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

Alberta Regulation 241/98

Fatality Inquiries Act

FATALITY INQUIRIES AMENDMENT REGULATION

Filed: November 18, 1998

Made by the Lieutenant Governor in Council (O.C. 474/98) pursuant to

section 49 of the Fatality Inquiries Act.

1 The Fatality Inquiries Regulation (AR 120/77) is amended by this

Regulation.

Schedule A is amended

(

a) in

section 1(1)

(

i) in clause (

a) by striking out "$60.00" and

substituting "$66";

(ii) in clause (

b) by striking out "$84.00" and

substituting "$92";

(iii) in clause (

c) by striking out "$40.00" and

substituting "$44";

(iv) by repealing clause (d);

(

v) in clause (

e) by striking out "$23.00" and

substituting "$25";

(vi) in clause (

f) by striking out "$29.00" and

substituting "$32";

(vii) by repealing clause (g);

(viii) in clause (

h) by striking out "$25.00" and

substituting "$28";

(

b) by repealing

section 1(2);

(

c) in

section 2 by striking out "$230" and substituting "$253";

(

d) in

section 3(1)

(

i) by striking out "$69" and substituting "$76";

(ii) by striking out "55›" and substituting "$0.60";

(

e) in

section 3(2) by striking out "$17" and substituting "$19";

(

f) in

section 3(3) and (5) by striking out "$29" and substituting

"$32";

(

g) in

section 4(1)

(

i) in clause (

a) by striking out "$55" and

substituting "$60";

(ii) in clause (

b) by striking out "$45" and

substituting "$50";

(iii) in clause (

c) by striking out "$17" and

substituting "$19";

(

h) in

section 4(2) by striking out "$17" and substituting "$19";

(

i) by repealing

section 4(3);

(

j) in

section 6(2) by striking out "$45" and substituting "$50".

Alberta Regulation 242/98

Cancer Programs Act

CANCER PROGRAMS REGULATION

Filed: November 20, 1998

Made by the Minister of Health (M.O. #115/98) pursuant to sections 17 and

20.9 of the Cancer Programs Act.

Table of Contents

Interpretation 1

Part 1

Cancer Registry

Cancer Registry 2

Information from physicians 3

Information from laboratories 4

Part 2

Cancer Drug Program

Cancer drug program 5

Group 1 cancer drugs 6

Group 2 cancer drugs 7

Group 3 cancer drugs 8

Prescription 9

Drug administration 10

Part 3

Investments

Investment of money 11

Part 4

Repeal, Expiry and Coming into Force

Repeal 12

Expiry 13

Coming into force 14

Schedule

Interpretation

1(1) In this Regulation,

(a) "board medical staff" means the physicians appointed as members

of the medical staff of the Cross Cancer Institute or the Tom Baker Cancer

Centre;

(b) "Board Pharmacy" means the pharmacy at the Cross Cancer

Institute and the Tom Baker Cancer Centre, a pharmacy established by the

board and a pharmacy that has a contract with the board to provide pharmacy

services;

(c) "Board Pharmacy and Therapeutics Committee" means the Alberta

Cancer Board Pharmacy and Therapeutics Committee;

(d) "cancer drug" means a drug that is specified in the Schedule;

(e) "continuing care facility" means a facility that provides care

for residents in a setting other than an acute care facility and, without

limiting the generality of the foregoing, includes nursing homes and

auxiliary hospitals;

(f) "eligible member of the board medical staff" means a member of

the board medical staff who has been authorized by the President or the

President's designate to review prescriptions for cancer drugs and to

prescribe cancer drugs;

(g) "eligible resident" means a person who

(

i) is a resident of Alberta,

(ii) is registered in the Cancer Registry with a

diagnosis of cancer,

(iii) holds an Alberta personal health number,

(iv) requires cancer drugs to treat cancer, and

(

v) utilizes cancer drugs on an out-patient basis or as

a resident in a continuing care facility;

(h) "physician" means a person who is registered in the Alberta

Medical Register, Special Register, Courtesy Register or Educational

Register under the Medical Profession Act who is not under suspension;

(i) "President" means the chief executive officer appointed

pursuant to

section 8 of the Act;

(j) "reportable cancer" means a cancer on the list adopted under

subsection (2).

(2) The list of all diseases classified as malignant, in situ or

metastatic in the International Classification of Diseases for Oncology, as

amended from time to time, published by the World Health Organization, is

adopted as the list of reportable cancers.

PART 1

CANCER REGISTRY

Cancer Registry

2(1) There is hereby established the Cancer Registry.

(2) The board must register the information referred to in sections 3

and 4 in the Cancer Registry.

Information from physicians

3 The following information must be provided to the board under

section

20.5(1) of the Act by a physician who knows or has reason to believe that a

patient under the physician's care or supervision has a reportable cancer:

(

a) the following patient data:

(

i) name, including last name, maiden name if

applicable and first name, and initials for any other names;

(ii) sex;

(iii) date of birth;

(iv) place of birth;

(

v) Alberta personal health number;

(vi) patient's address (including postal code) at time

of diagnosis;

(vii) vital status;

(viii) diagnosis;

(ix) date of diagnosis;

(

x) method of diagnosis;

(xi) name and address of physician;

(xii) treatment (type and date) administered to the

patient;

(

b) the following tumour data:

(

i) anatomical localization of the tumour;

(ii) morphology of the tumour;

(iii) histologic grade of tumour;

(iv) stage of the disease at diagnosis;

(

v) site of metastasis, if appropriate;

(vi) laterality of tumour, if appropriate;

(vii) multi-focal tumour, if appropriate;

(viii) other critical prognostic variables, if

appropriate;

(ix) all clinical and epidemiological information

pertinent to the diagnosis and treatment.

Information from laboratories

4 The following information must be provided to the board under

section

20.5(2) of the Act by the person responsible for the laboratory where an

examination of a specimen from a human body is conducted that reveals a

reportable cancer:

(

a) the following laboratory data:

(

i) name of the laboratory;

(ii) address of the laboratory;

(

b) the following patient data:

(

i) name, including last name, maiden name if

applicable and first name, and initials for any other names;

(ii) address, if available;

(iii) Alberta personal health number;

(iv) date of test result (final report);

(

c) the following site-specific tumour data:

(

i) anatomical localization of the tumour;

(ii) morphology of the tumour;

(iii) histologic grade of tumour, if appropriate;

(iv) information relevant to staging, if appropriate;

(

v) site of metastasis, if appropriate;

(vi) laterality of tumour, if appropriate;

(vii) other critical prognostic variables, if

appropriate;

(viii) other information that the laboratory

considers appropriate.

PART 2

CANCER DRUG PROGRAM

Cancer drug program

5 The board may provide cancer drugs specified by the Minister in the

Schedule at no charge to eligible residents for the treatment of cancer in

accordance with this Part and the Schedule.

Group 1 cancer drugs

6(1) Subject to subsection (2), cancer drugs in group 1 of the

Schedule

may be provided by a Board Pharmacy pursuant to a prescription written by a

physician.

(2) An eligible member of the board medical staff must review the initial

prescription referred to in subsection (1) within 30 days after it is

initially written and if the prescription is approved by the eligible

member of the board medical staff, the Board Pharmacy may continue to

provide the prescribed cancer drugs.

Group 2 cancer drugs

7 Cancer drugs in group 2 of the

Schedule may be provided by a Board

Pharmacy only if the initial prescription is written by a member of the

board medical staff, but a subsequent prescription for the same patient may

be written by a physician.

Group 3 cancer drugs

8 Cancer drugs in group 3 of the

Schedule may be provided by a Board

Pharmacy if

(

a) the cancer drugs are part of a research or clinical drug trial

approved by the board and the prescription is written by the principal

investigator or co-investigator in charge of the trial, or

(

b) the cancer drugs are approved for emergency release by the

Health Protection Branch of Health Canada and a prescription is written by

an eligible member of the board medical staff.

Prescription

9(1) A prescription referred to in

section 6, 7 or 8 must meet the

requirements with respect to the cancer drug set out in the column headed

"criteria" in the

Schedule and must be in the dosage form set out in the

Schedule.

(2) A prescription for a cancer drug must include the Cancer Registry

number issued by the board.

Drug administration

10 Subject to this Regulation, cancer drugs may be

(

a) administered directly on an out-patient basis within hospitals,

out-patient clinics and continuing care facilities, or

(

b) sent to other health care providers or Board Pharmacies for

administration or provision directly to the patient.

PART 3

INVESTMENTS

Investment of money

11(1) When the board makes investments it must adhere to investment and

lending policies, standards and procedures that a reasonable and prudent

person would apply in respect of a portfolio of investments to avoid undue

risk of loss and obtain a reasonable return.

(2) A contravention of subsection (1) by the board does not of itself make

any agreement or transaction void or invalid.

PART 4

REPEAL, EXPIRY AND COMING INTO FORCE

Repeal

12 The Cancer Regulations (AR 172/58) are repealed.

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on December 31, 2003.

Coming into force

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

Cancer Programs Amendment Act, 1992.

SCHEDULE

DRUG

GROUP

DOSAGE FORM

CRITERIA

ALL-TRANS RETINOIC ACID

capsules

restricted to treatment of acute promyelocytic leukemia

prescribing limited to written authorization by named physicians:

CCI:

Dr. Loree Larratt, Dr. Robert Turner, Dr. Lori Wood, Dr. Michael

Mant, Dr. Andrew Belch, Dr. Martin Palmer, Dr. Vernon Chichak, Dr. Arnold

Voth, Dr. Bruce Ritchie

Dr. Paul Grundy, Dr. Sunil Desai, Dr. Beverly Wilson, Dr. Beverly

Bell

TBCC:

Dr. Bernard A. Ruether, Dr. Allan R. Jones, Dr. Dean Ruether, Dr.

Man-Chui Poon, Dr. Richard Woodman, Dr. J. F. Ted Thaell, Dr. Graham Pineo,

Dr. Walter Blahey, Dr. Karen Valentine, Dr. Max Coppes, Dr. R. Marten

Egeler, Dr. Ron A. Anderson, Dr. Johannes Wolff

Lethbridge:

Dr. David Holland

as recommended by the hematology/ lymphoma tumor program and the pediatric

tumor program.

ALTRETA-MINE

capsules

restricted to treatment of 2nd line ovarian cancer

prescribing limited to written authorization by named physicians:

CCI:

Dr. Valerie Capstick, Dr. Alexandra Schepansky

TBCC:

Dr. Gavin Stuart, Dr. Jill Nation

as recommended by the gynaecology tumor program.

AMSACRINE

injectable

ANASTRO-ZOLE

tablets

2nd line hormonal therapy for postmenopausal metastatic breast cancer

may be given first line in those patients who are at risk of a

thromboembolic event

ANAGRELIDE

capsules

for thrombocytosis due to myeloproliferative disorder

prescribing limited to written authorization by a haematologist.

ASPARAGI-NASE

injectable

BCG

injectable

bladder carcinoma

BICALUTA-MIDE

tablets

restricted to patients who are intolerant to nilutamide and flutamide

BLEOMYCIN

injectable

BUSERELIN

injectable

prostate cancer. Effective April 1, 1998, the recommended LHRH for new

patients

BUSULFAN

tablets

CARBOPLA-TIN

injectable

CARMUSTINE

injectable

CHLORAM-BUCIL

tablets

CISPLATIN

injectable

CLADRIBINE

injectable

restricted to treatment of hairy cell leukemia

Waldenstrom's macroglobulinemia

prescribing limited to written authorization by named physicians:

CCI:

Dr. Loree Larratt, Dr. Robert Turner, Dr. Michael Mant; Dr. Andrew

Belch, Dr. Martin Palmer, Dr. Vernon Chichak, Dr. Arnold Voth, Dr. Bruce

Ritchie, Dr. Lori Wood

TBCC:

Dr. Bernard A. Ruether, Dr. Allan Robert Jones, Dr. Dean Ruether, Dr.

Man-Chiu Poon, Dr. Richard Woodman, Dr. J.F. Ted Thaell, Dr. Graham Pineo,

Dr. Walter Blahey, Dr. Karen Valentine

Lethbridge:

Dr. David Holland

as recommended by the hematology/lymphoma tumor program.

CORTISONE ACETATE

tablets

use with Mitotane only

CYCLOPHOS-PHAMIDE

injectable,

tablets

CYPROTE-RONE

tablets

CYTARA-BINE

injectable

DACARBA-ZINE

injectable

DACTINO-MYCIN

injectable

DAUNORUBI-CIN

injectable

DEXAME-THASONE

injectable,

tablets

antiemetic use NOT covered

DIETHYLSTILBESTROL

tablets

DIETHYLSTIL-BESTROL DIPHOSPHATE

injectable, tablets

DOCETAXEL

injectable

restricted to the treatment of metastatic breast cancer when no response

to anthracycline (doxorubicin, epirubicin, or mitoxantrone) containing

regimen. Relapse within 1 year after completion of adjuvant chemotherapy

including an anthracycline. First assessment of efficacy after 2 courses.

only one taxane is to be administered to any one patient

prescribing limited to written authorization by named physicians:

CCI:

Dr. Jean-Marc Nabholtz, Dr. Michael Smylie, Dr. John Mackey, Dr.

Katia Tonkin

TBCC:

Dr. Peter Geggie, Dr. Alexander Paterson, Dr. Dean Ruether, Dr. Doug

Stewart

as recommended by the breast tumor program.

DOXORUBICIN

injectable

EPIRUBICIN

injectable

ERWINIA ASPARAGI-NASE

injectable

restricted to use in patients hypersensitive to E. Coli asparaginase for

remission induction in acute lymphoblastic leukemia

prescribing limited to written authorization by named physicians:

CCI:

Dr. Paul Grundy, Dr. Sunil Desai, Dr. Beverly Wilson, Dr. Beverly

Bell

TBCC:

Dr. Max Coppes, Dr. R. Maarten Egeler, Dr. Ronald A. Anderson, Dr.

Johannes E. Wolff

as recommended by the pediatric tumor program.

ESTRAMU-STINE

capsules

ETOPOSIDE

injectable,

capsules

FLUDARABINE

injectable

previously treated chronic lymphocytic leukemia

low grade lymphoma

Waldenstrom's macroglobulinemia

prescribing limited to written authorization by named physicians:

CCI:

Dr. Loree Larratt, Dr. Robert Turner, Dr. Michael Mant, Dr. Andrew

Belch, Dr. Martin Palmer, Dr. Vernon Chichak, Dr. Arnold Voth, Dr. Bruce

Ritchie, Dr. Lori Wood

TBCC:

Dr. Bernard A. Ruether, Dr. Allan Robert Jones, Dr. Dean Ruether, Dr.

Man-Chiu Poon, Dr. Richard

Woodman, Dr. J.F. Ted Thaell, Dr. Graham Pineo, Dr. Walter Blahey,

Dr. Karen Valentine

Lethbridge:

Dr. David Holland

as recommended by the hematology / lymphoma tumor program.

FLUOROU-RACIL

injectable,

cream

FLUOXYMES-TERONE

tablets

FLUTAMIDE

tablets

Effective April 1, 1998 - recommended nonsteroidal antiandrogen for new

patients.

FORMESTANE

injectable

2nd line hormonal therapy for elderly post menopausal metastatic breast

cancer as alternative to oral anastrazole

GOSERELIN

injectable

prostate cancer. Effective April 1, 1998

new patients starting on this are restricted to those intolerant to

Buserelin & Leuprolide.

HYDROCORTI-SONE SODIUM SUCCINATE

injectable

intrathecal use only

HYDROXY-UREA

capsules

IFOSFAMIDE

injectable

INTERFERON

injectable

For non approved indication subject to resolution of financial arrangements

between ACB and supplier(

s) alpha 2a or 2b

injectable

cladribine-resistant hairy cell leukemia

Kaposi's sarcoma

chronic myelogenous leukemia

INTERFERON

alpha 2a ONLY

injectable

mycosis fungoides and sezary syndrome (cutaneous T-cell lymphomas)

prescribing limited to written authorization by named physicians:

CCI:

Dr. Loree Larratt, Dr. Andrew Belch, Dr. Andrew Voth, Dr. Robert

Turner, Dr. Martin Palmer, Dr. Bruce Ritchie, Dr. Lori Wood, Dr. Martin

Mant, Dr. Vernon Chichak

TBCC :

Dr. Allan Robert Jones, Dr. Dean Ruether, Dr. Bernard A. Ruether, Dr.

Man-Chui Poon, Dr. Richard Woodman, Dr. J.F. Ted Thaell, Dr. Graham Pineo,

Dr. Walter Blahey, Dr. Karen Valentine

Lethbridge:

Dr. David Holland

as recommended by the hematology /lymphoma tumor program.

alpha 2a ONLY

injectable

metastatic renal cell carcinoma

alpha 2b ONLY

injectable

basal cell carcinoma

adjuvant treatment of high risk melanoma second line therapy of

superficial bladder cancer

maintenance therapy in multiple myeloma patients who have achieved

complete remission after high dose chemotherapy and autologous stem cell

transplant, with prescribing limited to written authorization by named

physicians:

CCI:

Dr. Loree Larratt, Dr. Robert Turner, Dr. Lori Wood, Dr. Michael

Mant, Dr. Andrew Belch, Dr. Martin Palmer, Dr. Vernon Chichak, Dr. Arnold

Voth, Dr. Bruce Ritchie

TBCC:

Dr. Allan Robert Jones, Dr. Dean Ruether, Dr. Bernard A. Ruether, Dr.

Man-Chui Poon, Dr. Richard Woodman, Dr. J. F. Ted Thaell, Dr. Graham Pineo,

Dr. Walter Blahey, Dr. Karen Valentine

Lethbridge:

Dr. David Holland

as recommended by the hematology /lymphoma tumor program.

IRINOTECAN

injectable

Metastatic Colorectal Cancer

2nd line after 5Fu based chemo, with prescribing limited to written

authorization by named physicians:

CCI:

Dr. A.L.A. Fields, Dr. Lori Wood

TBCC:

Dr. Alfred Wong

as recommended by the GI tumor program.

LETROZOLE

tablets

restricted to patients who are intolerant to Anastrozole

LEUCOVORIN CALCIUM

injectable,

tablets

rescue therapy for methotrexate only

in combination with 5FU

LEUPROLIDE

injectable

prostate cancer. Effective April 1, 1998, new patients starting on this

are restricted to those intolerant to Buserelin

LOMUSTINE

capsules

MECHLORE-THAMINE

injectable,

topical

MEDROXY-PROGESTE-RONE ACETATE

tablets, injectable

MEGESTROL ACETATE

tablets

MELPHALAN

tablets

MERCAPTOPURINE

tablets

MESNA

injectable

METHOTREXATE

injectable,

tablets

MITOMYCIN

injectable

MITOTANE

tablets

steroid replacement if required

MADISON-TONE

injectable

NANDROLONE DECANOATE

injectable

NILUTAMIDE

tablets

Effective April 1, 1998, restricted to patients who are intolerant to

Flutamide.

PACLITAXEL

injectable

Ovarian Cancer

Recurrent

restricted to treatment of metastatic recurrent ovarian cancer which has

failed treatment with a platinum containing regimen

First line ovarian cancer

restricted to patients with suboptimally debulked stage III and IV

disease. Assess response after 3 courses, if disease progression is

documented this regimen would be terminated.

Other

1st line therapy for patients with suboptimally debulked adenocarcinoma of

ovarian, fallopian tube or primary peritoneal origin.

2nd line therapy for patients with ovarian, fallopian tube or primary

peritoneal adenocarcinoma who have not received taxanes as part of

first-line therapy.

response assessed after three courses and treatment is discontinued with

this drug if disease progression is documented.

prescribing limited to written authorization by named physicians:

CCI:

Dr. Alexandra Schepansky, Dr. Valerie Capstick

TBCC:

Dr. Gavin Stuart, Dr. Jill Nation

Red Deer:

Dr. Neil Graham

Grande Prairie:

Dr. Claudia Strehlke

as recommended by the gynecology tumor program.

PACLITAXEL

injectable

Breast Cancer

restricted to the treatment of metastatic breast cancer when no response

to anthracycline (doxorubicin, epirubicin, or mitoxantrone) containing

regimen. Relapse within 1 year after completion of adjuvant chemotherapy

including an anthracycline. First assessment of efficacy after 2 courses

only one taxane is to be administered to any one patient

prescribing limited to written authorization by named physicians:

CCI:

Dr. Jean-Marc Nabholtz, Dr. Michael Smylie, Dr. John Mackey, Dr.

Katia Tonkin

TBCC:

Dr. Peter Geggie, Dr. Alexander Paterson, Dr. Dean Ruether, Dr. Doug

Stewart

as recommended by the breast tumor program.

PAMIDRO-NATE

injectable

treatment of multiple myeloma

PEG ASPARA

GINASE

injectable

prescribing limited to written authorization by named physicians:

CCI:

Dr. Paul Grundy, Dr. Sunil Desai, Dr. Beverly Wilson, Dr. Beverly

Bell

TBCC:

Dr. Max Coppes, Dr. R. Maarten Egeler, Dr. Ronald A. Anderson, Dr.

Johannes E. Wolff

as recommended by the pediatric tumor program as per POG protocols.

PREDNISONE SODIUM PHOSPHATE

liquid

first line agent for pediatric patients under 7 years of age

second-line agent for pediatric patients 7 years and older unable to

tolerate prednisone tablets

PREDNISONE

tablets

PROCARBA-ZINE

capsules

RALTITREXED

injectable

treatment of metastatic colorectal cancer

NOTE: Because there is a possibility that FUFA may provide slightly

superior survival, FUFA should remain the first choice for younger, fitter

patients. Raltitrexed may be considered the treatment of choice in elderly

patients (over age 70),

patients who have experienced severe mucositis with FUFA despite one stage

of dose reduction, or in patients with late relapse after adjuvant

treatment where the adjuvant 5FU based treatment was poorly tolerated with

documented reason for intolerance.

prescribing limited to written authorization by named physicians:

CCI:

Dr. John Pedersen, Dr. A.L.A. Fields, Dr. Lori Wood

TBCC:

Dr. Keith Arthur, Dr. A. Wong, Dr. A. Chan, Dr. W. Temple, Dr. C.

McCulloch, Dr. J. Langevin, Dr. D. Jenkin, Dr. E. Mortis

Red Deer:

Dr. Neil Graham

Grande Prairie:

Dr. Claudia Strehlke

as recommended by the GI tumor program.

STREPTOZO-CIN

injectable

TAMOXIFEN

tablets

TENIPOSIDE

injectable

THIOGUANINE

tablets

THIOTEPA

injectable

TOPOTECAN

injectable

advanced epithelial ovarian cancer as second line therapy.

prescribing limited to written authorization by named physicians:

CCI:

Dr. Valerie Capstick, Dr. Alexandra Schepansky

TBCC:

Dr. Gavin Stuart, Dr. Jill Nation

as recommended by the gynecology tumor program.

VINBLASTINE

injectable

VINCRISTINE

injectable

VINDESINE

injectable

VINORELBINE

injectable

Lung Cancer

restricted to the treatment of metastatic non-small cell lung cancer with

an ECOG score of 2 or better.

prescribing limited to written authorization by named physicians:

CCI:

Dr. Martin Palmer, Dr. Michael Smylie, Dr. Grant MacLean

TBCC:

Dr. Edna Rapp

as recommended by the lung tumor program.

Metastatic Breast

first line therapy for elderly patients (over 65 years of age) and second

or third line therapy for metastatic breast cancer. Assess response after

2 cycles.

prescribing limited to written authorization by named physicians:

CCI:

Dr. Jean-Marc Nabholtz, Dr. Michael Smylie, Dr. John Mackey, Dr.

Katia Tonkin

TBCC:

Dr. Peter Geggie, Dr. Alexander Paterson, Dr. Doug Stewart

as recommended by the breast tumor program.

Alberta Regulation 243/98

Forest and Prairie Protection Act

FOREST AND PRAIRIE PROTECTION REGULATIONS,

PART II AMENDMENT REGULATION

Filed: November 25, 1998

Made by the Minister of Environmental Protection (M.O. 44/98) pursuant to

section 40(

a) of the Forest and Prairie Protection Act.

1 The Forest and Prairie Protection Regulations,

Part II (AR 310/72) are

amended in

section 12(1) by adding "or by any alternate method approved by

the Director" after "in an enclosed burner approved by the Director".

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

Alberta Regulation 244/98

Municipal Government Act

REGIONAL SHOPPING CENTRE ALLOCATION OF

ASSESSMENT REGULATION

Filed: November 25, 1998

Made by the Lieutenant Governor in Council (O.C. 491/98) pursuant to

section 603 of the Municipal Government Act.

Table of Contents

Definitions 1

Purpose 2

Application of regulation 3

Application for allocation of assessment 4

Calculation of allocation of assessment 5

Effect of allocation of assessment 6

Provision of information 7

Charges 8

Recalculation 9

Review 10

Repeal 11

Schedule

Definitions

1 In this Regulation,

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

(b) "allocation of assessment" means the allocation of the total

assessment of a regional shopping centre among the components of the

regional shopping centre;

(c) "anchor tenant" means, with respect to a regional shopping

centre listed in Column 2 of the Schedule, the anchor tenants that are

listed in Column 3 of the Schedule;

(d) "assessed person" means the assessed person of the regional

shopping centre;

(e) "commercial retail unit" or "CRU" means a retail or service

premises in a regional shopping centre, other than the following:

(

i) anchor tenant premises;

(ii) free-standing premises;

(iii) office premises;

(iv) hotel premises;

(

v) the exterior common area and interior common area;

(f) "component" of a regional shopping centre means the following:

(

i) each anchor tenant premises;

(ii) the aggregate of the CRU premises;

(iii) each free-standing premises;

(iv) the aggregate interior common area;

(

v) the aggregate exterior common area;

(vi) each premises that is not included in any of

subclauses (

i) to (v), including office premises and hotel premises;

(g) "exterior common area" includes that part of a regional

shopping centre that consists of pavement, parking structures and land;

(h) "interior common area" means that part of the gross building

area of a regional shopping centre that is not gross leasable area;

(i) "office premises" means any area within a regional shopping

centre that consists of more than 6 offices and is specifically designated

to be used for office purposes;

(j) "regional shopping centre" means, subject to

section 3(3), a

regional shopping centre listed in Column 2 of the Schedule;

(k) "total assessment" means the assessment shown for the regional

shopping centre on the municipality's assessment roll, but where

section

3(3) applies, excludes that part of the total assessment that is

attributable to the addition referred to in that subsection.

Purpose

2 The purpose of this Regulation is to provide an allocation of

assessment for use by regional shopping centres for the purpose of internal

allocation of property taxes among the components of regional shopping

centres.

Application of regulation

3(1) This Regulation applies only in respect of the taxation years 1999 to

2008 inclusive.

(2) This Regulation applies in respect of a regional shopping centre in

respect of a taxation year only where

(

a) at least one lease agreement between an anchor tenant and the

assessed person provides for the allocation of the property tax payable in

respect of the regional shopping centre based on either separate

assessments or on the methodology used by the municipality to derive the

assessment for the regional shopping centre,

(

b) the assessment for the regional shopping centre as determined

by the municipality for the taxation year is based chiefly on the income

approach to value, and

(

c) the assessed person applies in writing to the municipality not

later than December 31 preceding the taxation year for an allocation of

assessment under this Regulation.

(3) Where the building footprint or envelope of a regional shopping centre

changes by reason of an addition to the shopping centre that is completed

after December 31, 1997, the addition shall not be considered to be part of

the regional shopping centre for the purposes of this Regulation.

Application for allocation of assessment

4 An application referred to in

section 3(2)(

c) must be in a form

acceptable to and contain the information prescribed by the municipality.

Calculation of allocation of assessment

5(1) If the conditions in

section 3(2) are met with respect to a regional

shopping centre, the municipality shall do the following:

(

a) determine the value of each component by using the assessment

method that was used by the municipality in the year preceding the first

year in which an assessment using the income approach to value is prepared;

(

b) prepare an allocation to each component of the total value of

all components determined under clause (

a) by

(

i) dividing the value for each component determined

under clause (

a) by the total value of all components so determined to

determine the percentage that the value of each component is of the total

value, and

(ii) multiplying the percentage determined under

subclause (

i) for each component by the total assessment prepared using the

income approach to value;

(

c) annually prepare an allocation of the total assessment to each

component by using the same income approach to value that was used in

preparing the assessment;

(

d) prepare an annual allocation of assessment for each component

(

i) determining the difference in valuation for the

component as calculated under clauses (

b) and (c), and

(ii) increasing or decreasing the allocation of value

for the component calculated under clause (

b) for each taxation year set

out in the Table at the end of this

section by a yearly increment equal to

the corresponding percentage of the difference or valuation that is

specified for that year in column 2 of that Table.

(2) Where the assessed person first makes application under

section

3(2)(

c) in respect of a year after 1999, the percentage increments for the

purposes of subsection (1)(d)(ii) are set out in Column 3 of the Table at

the end of this section.

(3) Subject to

section 9(1), the percentages determined under subsection

(1)(b)(

i) shall remain constant for all taxation years to which this

Regulation applies.

Table

Column 1

Column 2

Column 3

Taxation Year

Percentage Increment (section 5(1)(d)(ii))

Percentage Increment (section 5(2))

10.00%

N/A

20.00%

11.1111%

30.00%

12.5000%

40.00%

14.2857%

50.00%

16.6666%

60.00%

20.0000%

70.00%

25.0000%

80.00%

33.3333%

90.00%

50.0000%

100.00%

100.0000%

Effect of allocation of assessment

6(1) An allocation of assessment for a component that is prepared in

accordance with

section 5(1)(

d) is deemed to be a separate assessment of

the component for the purposes of an agreement referred to in

section

3(2)(a).

(2) Nothing in this Regulation affects an assessed person's liability to

pay taxes under the Act.

Provision of information

7 In each taxation year in which this Regulation applies in respect of a

regional shopping centre, the municipality shall, not later than the date

on which it sends the tax notice in respect of the regional shopping centre

to the assessed person, provide to the assessed person

(

a) a

schedule setting out the allocations of assessment in respect

of the components of the regional shopping centre for the taxation year,

together with the details of how the allocations of assessment were

calculated, and

(

b) sufficient information to disclose the details as to how the

total assessment and other valuations used for the purposes of this

Regulation were calculated.

Charges

8(1) A municipality may impose a reasonable charge on the assessed person

for

(

a) the preparation and provision of the material referred to in

section 7, and

(

b) making a recalculation under

section 9

and the charge may, without limitation, include a charge for the time spent

by the municipality's employees or agents in the preparation and provision

of the material or the making of the recalculation.

(2) A municipality may add the reasonable charge authorized under

subsection (1) to the tax roll of the regional shopping centre.

Recalculation

9(1) Where property forming part of a regional shopping centre is

destroyed or is the subject of a subdivision, or where a change in the

component breakdown of the regional shopping centre occurs, the

municipality shall recalculate the allocations of assessment for the

remaining applicable taxation years referred to in

section 3(1).

(2) Where the assessment for a regional shopping centre for a taxation

year changes as a result of the operation of

Part 11 or 12 of the Act, the

municipality shall recalculate the allocations of assessment for that

taxation year.

(3) On making a recalculation under subsection (1) or (2), the

municipality shall forthwith comply with

section 7.

Review

10(1) The assessed person may, not later than August 31, apply to the

Minister for a review of any or all of the following with respect to the

taxation year:

(

a) any amount determined under

section 5(1), other than the amount

of the assessment for the regional shopping centre that is shown on the

municipality's assessment roll and uses the income approach to value;

(

b) a recalculation of allocations of assessment under

section 9;

(

c) the charge imposed on the assessed person under

section 8.

(2) An application must contain the information required by and be in a

form acceptable to the Minister.

(3) In a review, the Minister may make any changes in the allocations of

assessment, recalculation or charges that the Minister considers

appropriate.

(4) The Minister's decision on a review is final.

Repeal

11 This Regulation is made under

section 603(1) of the Act and is subject

to repeal under

section 603(2) of the Act.

SCHEDULE

Regional Shopping Centres in Alberta

Column 1

Column 2

Column 3

Municipality

Regional Shopping Centre

Anchor Tenants

Brooks

Calgary

Cassil Shopping Centre

Brentwood Village

Chinook Centre

Deer Valley

Deerfoot

Market Mall

Marlborough

North Hill Shopping Centre

Northland Village

Southcentre Mall

Sunridge Mall

Westhills Towne Centre

Zellers, Safeway

K-Mart, London Drugs, Safeway

Bay, Sears, Zellers

Co-op

Bay, Wal-Mart/Woolco

Bay, Zellers, Safeway, Toys-R-Us, Famous Players, Alberta Liquor Control

Board

Wal-Mart, Sears

North Hill Cinemas, Liquor Barn

Eaton's, Wal-Mart, Cineplex

Bay, Eaton's, Safeway, Famous Players

Eaton's, Zellers

Safeway, Famous Players, Revelstoke, Chapters

Edmonton

Bonnie Doon

Capilano

Edmonton Centre

Heritage Mall

Kingsway Garden Mall

Londonderry Mall

Meadowlark Shopping Centre

Millbourne Mall

Millwoods Towne Centre

NorthTown Mall

Northwood Mall

Southgate Shopping Centre

West Edmonton Mall

Westmount

Sears, Zellers, Safeway,

Wal-Mart, Safeway

Bay

Sears, Eaton's Safeway, Woolco/Wal-Mart

Bay, Sears, Zellers, Sears Tire Centre

Bay, Eaton's, Wal-Mart (Woolco)

Zellers

Zellers

Eaton's

K-Mart

K-Mart, Zellers, Safeway

Bay, Eaton's, Safeway, Alberta Liquor Control Board

Bay (Phase 1), Eaton's, Sears, Zellers, Cineplex, Famous Players, London

Drugs, Bay (Phase 3), Canadian Tire

Zellers, Safeway

Fort McMurray

Peter Pond Shopping Centre

Zellers

Grande Prairie

Prairie Mall

Zellers, Sears

Lethbridge

Centre Village Mall

Lethbridge Centre

Park Place Mall

Bay, Safeway

Bay, Safeway, Twin Cinema

Eaton's, Sears, Staples, Winners, Cineplex

Medicine Hat

Medicine Hat Mall

Southview Mall

Bay, Sears, Zellers, Safeway

K-Mart, Saan

Red Deer

Bower Place

Parkland Mall

Bay, Eaton's, Toys-R-Us, Zellers

Sears, Wal-Mart, Safeway

St. Albert

St. Albert Centre

Bay, Wal-Mart/Woolco

Sherwood Park

Sherwood Park Mall

Zellers, Safeway

Wetaskiwin

Wetaskiwin Mall

Wal-Mart, Safeway

Alberta Regulation 245/98

Cancer Programs Act

ALBERTA CANCER FOUNDATION REGULATION

Filed: November 25, 1998

Made by the Lieutenant Governor in Council (O.C. 493/98) pursuant to

section 31 of the Cancer Programs Act.

Definitions

1 In this Regulation,

(a) "Act" means the Cancer Programs Act;

(b) "directive" means an instrument issued under

section 2(6);

(c) "Foundation" means the Alberta Cancer Foundation established by

section 22 of the Act.

Transfer of property to Foundation

2(1) The board may, after taking all reasonable steps to ensure that

existing trust conditions, if any, will be complied with, transfer to the

Foundation any property received by the board by means of a bequest,

donation or other gift.

(2) Subject to any directive, the board may make repayable advances to the

Foundation.

(3) Subject to any directive, the board may provide a non-monetary subsidy

to the Foundation if the board expects to receive benefits from the

Foundation that exceed the value of that subsidy.

(4) If the board provides a non-monetary subsidy under subsection (3), it

shall advise the Foundation of the value of the subsidy within 21 days

after the end of the board's fiscal year.

(5) The board may transfer any property to the Foundation under

circumstances not covered by any other subsection of this

section provided

that the board considers that it is receiving fair value in exchange for

the transfer of property.

(6) The Minister may issue to the board a written policy, rule, direction

or guideline for the purposes of subsection (2) or (3).

Winding-up of Foundation

3(1) The Minister may order that the Foundation be wound up in any of

the following circumstances:

(

a) on the request of the Foundation;

(

b) if the Foundation contravenes the Act or the regulations;

(

c) if the Minister is satisfied that the Foundation is inactive;

(

d) if the Minister is satisfied that the Foundation is not

carrying out its objects;

(

e) if the board ceases to exist.

(2) The Foundation may not be wound up except by an order of the Minister

under subsection (1).

(3) If the Minister orders that the Foundation be wound up,

(

a) the Minister shall, subject to

section 30 of the Act and to

subsection (4), take such measures as the Minister considers necessary to

give effect to the order and, for that purpose, has all the power and

authority to act as if the Minister were the Foundation, and

(

b) the board may not exercise any of its powers or authority

except under the direction of the Minister.

(4) If the Foundation is wound up, the balance of the property of the

Foundation, after applying

section 30 of the Act, shall be transferred

(

a) to a successor foundation if, in the Minister's opinion, there

is one,

(

b) if, in the Minister's opinion, there is no successor

foundation, to the board for the benefit of any facilities or programs

formerly benefitted by the Foundation, or

(

c) if, in the Minister's opinion, there is no successor foundation

and either there are no facilities or programs referred to in clause (

b) or

the board no longer exists or is no longer functioning, to another person

in Alberta who is a qualified donee within the meaning of the Income Tax

Act (Canada) and who has objects or purposes that the Minister indicates to

be similar to the objects of the Foundation.

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 June 30, 2003.

Alberta Regulation 246/98

Adult Adoption Act

ADULT ADOPTION REGULATION

Filed: November 25, 1998

Made by the Lieutenant Governor in Council (O.C. 498/98) pursuant to

section 13 of the Adult Adoption Act.

Forms

1 The forms set out in the

Schedule are prescribed as the forms for the

purposes of the Adult Adoption Act.

Appearance by potential adoptee

2 Where the person to be adopted indicates in Form 3 a wish to appear in

person before the judge considering the adoption application, the

petitioner must

(

a) serve the person to be adopted with a copy of the filed

petition and supporting documents personally or by double registered mail

at least 10 days before the date of the hearing, and

(

b) file an affidavit of service with the Clerk of the Court at

least 7 days before the date of the hearing.

Repeal

3 The Adult Adoption Regulation (AR 359/94) 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 December 31, 2003.

SCHEDULE

FORM 1

PETITION

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

IN THE MATTER OF THE

ADULT ADOPTION ACT,

and in the matter of the petition by

for the adoption of

born the day of , (year)

Birth Registration Number

Regarding the application by (name(

s) of petitioner(s))

(address)

for an adoption order regarding (name of person to be adopted, as on

birth document), born y/m/d. Birth Registration Number:

Petition

By making this petition, I/we state:

that I am/we are adults who want to adopt this person.

that to support my/our petition, I/we have enclosed my/our

affidavit(

s) and the other information required by the Adult Adoption Act.

Signature(s)

(signature of petitioner) year / month / day

(signature of petitioner) year / month / day

To:

Take notice that a petition for the adoption of

will be presented before the presiding Justice in Chambers at

in the City of ,

Province of Alberta, on

the day of

at the hour of in the

noon, or soon thereafter, for an order of adoption.

NOTICE:

Pursuant to the Adult Adoption Act, the Rules of Court and the practice of

the Court, this case will be called for hearing at the time and place noted

above and may be proceeded with in your absence.

FORM 2

AFFIDAVIT OF PETITIONER

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

IN THE MATTER OF THE

ADULT ADOPTION ACT,

and in the matter of the petition by

for the adoption of

born the day of , (year)

Birth Registration Number

Affidavit

I, (legal name of petitioner) ,

of (address) ,

in the Province of Alberta, make oath and say:

1. I am applying for an adoption order: (check one of the

following)

as an individual jointly with my spouse, and

a certified copy of our marriage certificate is attached.

2. I am years old.

3. I have known (name of person to be adopted) for the past

years.

The nature of our relationship is:

4. The reason I wish to adopt (name of person to be adopted)

5. Sealing the court file: (check one of the following)

I am applying to have the court file sealed. My reason

for wanting the court file sealed is .

I am not applying to have the court file sealed.

(signature of petitioner)

Sworn before me at (municipality) , in the of

on year/month/day

Signature of Notary Public or Commissioner for Oaths

FORM 3

AFFIDAVIT OF PERSON TO BE ADOPTED

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

IN THE MATTER OF THE

ADULT ADOPTION ACT,

and in the matter of the petition by

for the adoption of

born the day of , (year)

Birth Registration Number

Affidavit

I, (legal name of person to be adopted) ,

of (address) ,

make oath and say:

1. I am years old. A certified copy of my birth

document is attached.

2. I consent to my adoption by (name(

s) of

petitioner(s))

I understand the nature and effect of an adoption order.

3. Change of name: (check one of the following)

A certified copy of my change of name

certificate is attached.

I have not had a change of name.

4. Citizenship/residency: (check one of the following)

I am a Canadian citizen.

I have been lawfully admitted to Canada for

permanent residence and notarized copies of my immigration documents are

attached.

5. The reason I want to be adopted by (name(

s) of

petitioner(s)) is

6. Court hearing: (check one of the following)

I wish to appear in person before the judge

considering this adoption application.

I do not wish to appear in person before the

judge considering this adoption application.

7. Sealing the court file: (check one of the following)

I am applying to have the court file sealed.

My reason for wanting the court file sealed is .

I am not applying to have the court file

sealed.

(signature of person to be adopted)

Sworn before me at (municipality) , in the of

on year / month / day

Signature of Notary Public or Commissioner for Oaths

FORM 4

ADOPTION ORDER

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

IN THE MATTER OF THE

ADULT ADOPTION ACT,

and in the matter of the petition by

for the adoption of

born the day of , (year)

Birth Registration Number

BEFORE THE HONOURABLE MR./MADAM JUSTICE

Made this day of , (year)

at , in the Province of Alberta

Order

Having received the petition of (name(

s) of petitioner(s))

and having reviewed the evidence presented;

And this Court being satisfied that the reasons for the

adoption are valid and acceptable;

IT IS HEREBY ORDERED that the petition be granted as requested

and that the adoption is effective from and after the date of this Order.

Entered this day of , (year)

Stamp

(Clerk of the Court of Queen's (Justice of the Court of Queen's

Bench) Bench)

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

Alberta Regulation 247/98

Cemeteries Act

COMMERCIAL CEMETERIES REGULATION

Filed: November 26, 1998

Made by the Minister of Municipal Affairs (M.O. H:115/98) pursuant to

section 60(1) of the Cemeteries Act.

Table of Contents

Definitions 1

Perpetual care funds 2

Annual trust income to owner 3

Licensing of business 4

Licensing of salesperson 5

Change of a salesperson's agency 6

Training programs 7

Continuing education 8

Transfer of money to authorized trustee 9

Period for transfer exemption 10

Maximum administration fee 11

Trustee's remuneration 12

Reporting to Director 13

Transitional 14, 15

Continuing education relief for certain continued licences 16

Calgary Crematorium Limited transitional 17

Repeal 18

Expiry 19

Coming into force 20

Definitions

1 In this Regulation,

(a) "Act" means the Cemeteries Act;

(b) "fiscal year" means the fiscal year of the owner;

(c) "owner" means

(

i) CGRM Holdings Ltd.;

(ii) Memorial Gardens Association (Alberta) Limited;

(iii) Calgary Crematorium Limited.

Perpetual care funds

2(1) For the purposes of

section 39(1)(

a) of the Act, the initial amount

required to be set aside in a perpetual care fund

(

a) by the owner of a cemetery is $10 000 per hectare of the

cemetery to a maximum amount of $100 000, and

(

b) by the owner of a mausoleum or columbarium is $50 000.

(2) For the purposes of sections 38(1) and 39(1)(

b) of the Act, the

percentage of each transaction required to be set aside in a perpetual care

fund is as follows:

(

a) by the owner of a cemetery, mausoleum or columbarium, at least

15% of all money received by the owner from the sale, lease or rental of

each lot in the cemetery and of each compartment or other space in the

mausoleum or columbarium;

(

b) by the owner of a cemetery, at least 10% of all money received

by the owner from the sale of each monument or marker.

Annual trust income to owner

3(1) In this section,

(a) "income" does not include any deposits made under

section 38 of

the Act in the year income is payable to the owner;

(b) "trust" means

(

i) the funds deposited with an authorized trustee

under

section 38(2) of the Act,

(ii) any amounts deposited under

section 39(2) of the

Act and not recovered under the Act, and

(iii) in respect of the Saamis Prairie View Cemetery,

formerly known as Chapel Lawn Cemetery (Medicine Hat), any amount deposited

by the Minister with an authorized trustee according to an agreement

between the Minister, the authorized trustee and CGRM Holdings Ltd.

(2) An authorized trustee shall pay from a trust to the owner of the

cemetery, mausoleum or columbarium to which the trust relates a monthly

instalment of the income of that trust, consisting of not more than 90% of

the income for the month immediately preceding the month in which the

payment is made, but in no case shall the total payments in any fiscal year

exceed 90% of the total annual income of the trust for that year less any

remuneration deducted under

section 42 of the Act.

(3) At the end of each fiscal year, an authorized trustee shall retain

and add to the capital of a trust the balance of the total annual income of

the trust that remains after making the payments referred to in subsection

(2).

Licensing of business

4(1) A pre-need contract sales licence issued under

section 53(2)(

a) of

the Act authorizes a business to solicit to enter or enter into pre-need

contracts under which that business promises to provide, or to arrange for

the provision of, cemetery supplies or cemetery services or both.

(2) A person applying for the issuance or renewal of a pre-need contract

sales licence under

section 53(2)(

a) of the Act shall

(

a) make application to the Director on the form set by the

Director, and

(

b) accompany the application with

(

i) any information required by the Director, and

(ii) the fee set by the Director.

(3) A pre-need contract sales licence issued under

section 53(2)(

a) of the

Act and any renewal of that licence expire on the following March 31.

Licensing of salesperson

5(1) A pre-need contract sales licence issued under

section 53(2)(

b) of

the Act authorizes a person to solicit to enter or enter into pre-need

contracts as an agent for a person who holds a pre-need contract sales

licence issued under

section 53(2)(

a) of the Act.

(2) A person applying for the issuance or renewal of a pre-need contract

sales licence under

section 53(2)(

b) of the Act shall

(

a) make application to the Director on the form set by the

Director, and

(

b) accompany the application with

(

i) proof that the applicant has successfully completed

(

A) a training program provided or approved

under

section 7, in the case of an application for the issuance of a

licence, or

(

B) any continuing education requirements

under

section 8, in the case of an application for the renewal of a

licence,

(ii) the name and address of each business location of

any person who holds a pre-need contract sales licence issued under

section

53(2)(

a) of the Act for whom the applicant will act as an agent in the sale

of pre-need contracts,

(iii) any other information required by the Director, and

(iv) the fee set by the Director.

(3) A pre-need contract sales licence issued under

section 53(2)(

b) of the

Act and any renewal of that licence expire on the following March 31.

Change of a salesperson's agency

6 A person who holds a pre-need contract sales licence issued under

section 53(2)(

b) of the Act must notify the Director in writing within 5

days of any change to the information provided under

section 5(2)(b)(ii).

Training programs

7(1) The Director may provide or approve training programs for persons

applying for the issuance of a pre-need contract sales licence under

section 53(2)(

b) of the Act and may charge fees for registration in any

program that is provided by the Director.

(2) The Director shall make available on request of any person a list of

the training programs that have been approved by the Director.

Continuing education

8 The Director may require any person who holds a pre-need contract sales

licence issued under

section 53(2)(

b) of the Act to complete continuing

education programs and courses.

Transfer of money to authorized trustee

9 For the purposes of

section 55(1) of the Act, the period within which a

seller must transfer to an authorized trustee all money held in trust from

the sale of a pre-need contract is 5 days from the date upon which the

cancellation period under

section 63(2) of the Act expires.

Period for transfer exemption

10 The period provided for the purposes of

section 55(2)(

a) of the Act is

180 days.

Maximum administration fee

11 For the purposes of

section 56(3) of the Act, an administration fee

shall not exceed 15% of the amount received by a seller under a pre-need

contract.

Trustee's remuneration

12 An authorized trustee may, as remuneration for services rendered,

deduct and retain in each year a reasonable fee from the income received in

that year from the investment of money held in a pre-need assurance fund.

Reporting to Director

13(1) An owner shall provide information under

section 43 of the Act to

the Director within 120 days of each fiscal year end or such longer period

as the Director considers acceptable.

(2) A seller shall provide information under

section 58 of the Act to the

Director within 120 days of each fiscal year end of the seller or such

longer period as the Director considers acceptable.

Transitional

14 Notwithstanding

section 4(3), a pre-need contract sales licence issued

under

section 53(2)(

a) of the Act between December 1, 1998 and March 31,

1999 expires on March 31, 2000.

Transitional

15(1) Where, on November 30, 1998, a person was registered as a salesman

under the Cemeteries, Mausolea and Columbaria Regulation (AR 238/90),

(

a) that person is deemed to hold a pre-need sales contract licence

issued under

section 53(2)(

b) of the Act, and

(

b) that licence expires on March 31, 1999.

(2) An application for registration as a salesman made under the

Cemeteries, Mausolea and Columbaria Regulation (AR 238/90) and not

concluded by November 30, 1998 shall be dealt with under the Act and this

Regulation.

Continuing education relief for certain continued licences

16 Notwithstanding

section 5(2)(b)(i)(B), where the Director renews the

pre-need contract sales licence of an applicant who was registered as a

salesman under the Cemeteries, Mausolea and Columbaria Regulation (AR

238/90) and who was not the subject of any substantiated complaints related

to that registration, the Director shall renew the licence

(

a) without imposing any continuing education requirement under

section 8, where the applicant was registered as a salesman for a period of

5 or more consecutive years ending on November 30, 1998, or

(

b) on the condition that the applicant complete a designated

training program and pass the program's final examination by March 31,

2000, where the applicant was registered as a salesman for a period of less

than 5 consecutive years ending on November 30, 1998.

Calgary Crematorium Limited transitional

17 Notwithstanding the Act and this Regulation, Calgary Crematorium

Limited shall submit its accounts concerning the period of January 1, 1995

to December 31, 1999 to a judge of the Court of Queen's Bench in accordance

with sections 43 and 44 of the Act as it existed on November 30, 1998 and

for that purpose those sections are deemed to continue in force.

Repeal

18 The General Regulation (AR 42/96) is repealed.

Expiry

19 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 November 30, 2003.

Coming into force

20 This Regulation comes into force on December 1, 1998.

Alberta Regulation 248/98

Cemeteries Act

CREMATORY REGULATION

Filed: November 26, 1998

Made by the Minister of Municipal Affairs (M.O. H:113/98) pursuant to

section 60(1) of the Cemeteries Act.

Table of Contents

Definitions 1

Application for crematory licence 2

Transfer of licence 3

Maintenance and operation 4

Burial permit and other authorizations 5

Register 6

Transitional 7

Repeal 8

Expiry 9

Coming into force 10

Definitions

1 In this Regulation,

(a) "Act" means the Cemeteries Act;

(b) "crematory licence" means a licence required under

section 26

of the Act.

Application for crematory licence

2(1) A person applying for a crematory licence or for the renewal of a

crematory licence shall make application to the Director on the form set by

the Director and the application shall be accompanied with

(

a) any additional information required by the Director, and

(

b) the fee set by the Director.

(2) Before granting a crematory licence or a renewal of a crematory

licence, the Director may inspect the crematory or the proposed crematory

site.

(3) A crematory licence and any renewal of a crematory licence expire on

the March 31 following their issue.

Transfer of licence

3 A crematory licence is not transferable.

Maintenance and operation

4 The owner of a crematory shall maintain the crematory in good order and

shall operate the crematory so that it does not give rise to any offence or

public health nuisance.

Burial permit and other authorizations

5 The owner of a crematory shall not accept a dead human body for

cremation unless the person seeking cremation files with the owner

(

a) the prescribed copy of the burial permit issued under the Vital

Statistics Act,

(

b) a certificate issued under the Fatality Inquiries Act stating

that a medical examiner has examined the medical certificate of death of

the deceased, and

(

c) any other authorization required under an enactment.

Register

6(1) The owner of a crematory shall keep a register in which the owner

shall enter, with respect to each dead human body cremated,

(

a) the name of the deceased person,

(

b) the date of death,

(

c) the place of death,

(

d) the date of cremation,

(

e) the location of the cremated remains or the name and address of

the person into whose possession the owner of the crematory released the

cremated remains,

(

f) the name and address of the personal representative or next of

kin of the deceased person,

(

g) the name of the person who made the arrangements for cremation,

(

h) the name of the physician giving the medical certificate of

death, and

(

i) the fee charged for services rendered.

(2) The owner of a crematory shall keep the register referred to in

subsection (1) available for inspection by

(

a) the Director or a person designated in writing by the Director,

(

b) any police officer carrying out law enforcement duties, or

(

c) any relative of a deceased person whose cremation is listed in

the register.

Transitional

7(1) Where, on November 30, 1998, a person held a licence issued under

Part 2 of the Act as it existed on that date,

(

a) that person continues to hold that licence as if it were a

crematory licence issued under the Act and this Regulation, and

(

b) that licence expires on March 31, 1999.

(2) An application for a licence made under the Act as it existed on

November 30, 1998 and not concluded by November 30, 1998 shall be dealt

with under the Act and this Regulation.

Repeal

8 The Crematories Regulation (AR 239/90) 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 November 30, 2003.

Coming into force

10 This Regulation comes into force on December 1, 1998.

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

Alberta Regulation 249/98

Cemeteries Act

GENERAL REGULATION

Filed: November 26, 1998

Made by the Minister of Municipal Affairs (M.O. H:114/98) pursuant to

section 60(1) of the Cemeteries Act.

Table of Contents

Definitions 1

Sale of Cemetery Supplies,

Cemetery Services and Interment Space

Calculation of resale price 2

Cancellation without penalty 3

Requirements of contracts 4

Form of notice in pre-need contracts 5

Statement about cemetery 6

Statement about mausoleum or columbarium 7

Disposition of Remains

Death of fetus 8

Death of newborn infant 9

Death of fetus or newborn infant in hospital 10

Who may control disposition 11

Burial of indigents and unclaimed bodies 12

Burial costs for indigents 13

Director's Approval of

Cemeteries and Mausolea

Application to operate or establish a cemetery 14

Inspection of site 15

Provisional approval 16

Final certificate of approval 17

Alteration in size of cemetery 18

Previous approvals continued 19

Application to operate or establish a mausoleum 20

Operation of Cemeteries

and Mausolea

Other uses 21

Layout of cemetery 22

Division of cemetery 23

Maintaining of plans 24

Graves 25

Maintenance of cemetery 26

Care of cemeteries 27

Removal of monuments, etc. 28

Maintenance 29

Closing of cemeteries 30

Permit re mausoleum 31

Construction standards 32

Care of mausoleum 33

Relationship of mausoleum to cemetery 34

Record keeping 35

Evidence of ownership 36

Register 37

Burial permit 38

Disinterment 39

Columbaria

Location of columbarium 40

Permit re columbarium 41

Construction standards 42

Care of columbarium 43

Columbarium in cemetery 44

Repairs and modifications 45

Evidence of ownership 46

Register 47

Repeals, Expiry and

Coming into Force

Repeals 48

Expiry 49

Coming into force 50

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Cemeteries Act;

(b) "burial permit" means a burial permit issued under the Vital

Statistics Act;

(c) "columbarium operator" means

(

i) in respect of a columbarium in a cemetery, the

owner of the cemetery,

(ii) in respect of a columbarium in a church, the

religious auxiliary or religious denomination that operates the

columbarium, and

(iii) in respect of a columbarium that is part of the

facilities of a crematory, the owner of the crematory;

(d) "grave lot" means the portion of land in a cemetery that is

sold or provided as a unit for one or more graves;

(e) "mausoleum" does not include a receiving vault for the

temporary storage of dead human bodies pending burial, interment or other

lawful disposition;

(f) "newborn infant" means an infant under 28 days of age;

(g) "organization" means

(

i) a religious auxiliary, religious denomination or

municipality that is permitted by the Act to establish and operate a

cemetery, mausoleum or columbarium, or

(ii) in respect of an established cemetery, mausoleum or

columbarium, the religious auxiliary, religious denomination, municipality

or other corporate body operating that cemetery, mausoleum or columbarium.

Sale of Cemetery Supplies,

Cemetery Services and Interment Space

Calculation of resale price

2 For the purposes of

section 23.2(

b) of the Act, the purchase price of a

plot shall be an amount representing at least 85% of the market value of

the plot at the date of resale.

Cancellation without penalty

3 For the purposes of

section 63(2) of the Act, a pre-need contract may

be cancelled at any time, but the period within which it may be cancelled

without charge or penalty is 30 days from the date on which the purchaser

receives a copy of the contract.

Requirements of contracts

4 A contract for the provision of cemetery supplies or cemetery services

or both shall

(

a) be in writing,

(

b) be signed by the purchaser and the vendor,

(

c) contain a detailed listing of the cemetery supplies or cemetery

services or both to be provided by the vendor and the cost to be charged to

the purchaser for each of those cemetery supplies and cemetery services,

and

(

d) contain a statement disclosing what portion of the money paid

as the consideration under the contract is for the provision of perpetual

care.

Form of notice in pre-need contracts

5 For the purposes of

section 66(

b) of the Act, the notice required in

the case of a pre-need contract shall be in the form in the Schedule.

Statement about cemetery

6 The owner of a cemetery shall, on request, file with the Director a

statement for the period stated in the request setting out

(

a) the names of the purchasers of lots and in each case the number

purchased, the price paid and the amount set aside in the perpetual care

fund, and

(

b) the names of the purchasers of monuments or markers and in each

case the price paid and the amount set aside in the perpetual care fund.

Statement about mausoleum or columbarium

7 The owner of a mausoleum or columbarium shall, on request, file with

the Director a statement for the period stated in the request setting out

the names of the purchasers of compartments or other space and in each case

the number purchased, the price paid and the amount set aside in the

perpetual care fund.

Disposition of Remains

Death of fetus

8 In the case of the death of a fetus, the remains need not be disposed

of as required by sections 5.1 and 5.2 of the Act, but

(

a) the manner of disposition is subject to the parents' or

guardian's request,

(

b) the manner of disposition must not cause public offence, and

(

c) where the fetus completed 20 weeks' gestation or weighed 500

grams or more, a burial permit must be obtained prior to any disposition of

the remains.

Death of newborn infant

9 In the case of the death of a newborn infant, the remains need not be

disposed of as required by sections 5.1 and 5.2 of the Act, but

(

a) the manner of disposition is subject to the parents' or

guardian's request,

(

b) the manner of disposition must not cause public offence, and

(

c) a burial permit must be obtained prior to any disposition of

the remains.

Death of fetus or newborn infant in hospital

10 In the case of the death in a hospital of a fetus or a newborn infant,

the hospital may dispose of the remains, but

(

a) the manner of disposition is subject to the parents' or

guardian's request,

(

b) the manner of disposition must not cause public offence, and

(

c) the hospital must obtain the burial permit required under

section 8 or 9.

Who may control disposition

11(1) In this section,

(a) "living with the deceased" includes a situation where

(

i) the deceased resided before death in a care

facility for health reasons and the spouse continued to provide the usual

spousal support customarily associated with couples intending to continue a

marital relationship, or

(ii) the deceased and the spouse were living apart at

the time of death due only to circumstances other than a marital breakdown;

(b) "parent" means, if the deceased is a minor, the parent who had

legal custody of the deceased at the time of death.

(2) Where the owner of a cemetery or mausoleum or a columbarium operator

is faced with a dispute among a deceased's family or others concerning who

has the right to control the disposition of the deceased's remains, the

owner of the cemetery or mausoleum or the columbarium operator shall,

subject to the order of a court, recognize a person's right to control the

disposition of those remains in the following order of priority:

(

a) the personal representative designated in the will of the

deceased;

(

b) the spouse of the deceased if the spouse was living with the

deceased at the time of death, or a person who had been living with the

deceased at the time of death as spouse for a continuous period of at least

2 years;

(

c) an adult child of the deceased;

(

d) a parent of the deceased;

(

e) a guardian of the deceased under the Dependent Adults Act or,

if the deceased is a minor, under the Child Welfare Act or the Domestic

Relations Act;

(

f) an adult grandchild of the deceased;

(

g) an adult brother or sister of the deceased;

(

h) an adult nephew or niece of the deceased;

(

i) an adult next of kin of the deceased determined on the basis

provided by sections 8 and 9 of the Intestate Succession Act;

(

j) the Public Trustee;

(

k) an adult person having some relationship with the deceased not

based on blood ties or affinity;

(

l) the Minister of Family and Social Services.

(3) If, under subsection (2)(

c) to (h), the right to control the

disposition of human remains or cremated remains passes to persons of equal

rank, in the absence of agreement between or among them, the order of

priority begins with the eldest person in that rank and descends in order

of age.

(4) If the person who, under this section, has the right to control the

disposition of human remains or cremated remains is not available or is

unwilling to give instructions, that right passes to the next available

qualified person.

Burial of indigents and unclaimed bodies

12(1) Unless a demand for the body of a destitute or indigent person or an

unclaimed body is made under the Universities Act, a local authority,

hospital, funeral director or other person in charge of the disposition by

burial of the body shall give notice to the person in charge of a cemetery

and request permission to bury the body in the cemetery.

(2) The burial shall be carried out in accordance with this Regulation and

the by-laws or rules governing the cemetery.

Burial costs for indigents

13 When a destitute or indigent person dies, the Minister of Family and

Social Services is responsible for the cost of burial or other disposition

of that person's body.

Director's Approval of

Cemeteries and Mausolea

Application to operate or establish a cemetery

14(1) An organization wishing to operate or establish a cemetery shall

apply to the Director for provisional approval of the cemetery site.

(2) The application shall be accompanied with

(

a) a sketch plan that shows

(

i) the location of the proposed cemetery site,

(ii) a general indication of the slope of the land,

(iii) the location of

(

A) all buildings used for human

habitation, and

(

B) all water supplies used for domestic

purposes

within 150 metres of any point on the perimeter of the

proposed cemetery site, and

(

b) any additional information required by the Director.

Inspection of site

15 On receipt of an application under

section 14, the Director may

inspect the proposed cemetery site.

Provisional approval

16(1) The Director may, after considering the application and the results

of any inspection carried out under

section 15, grant a provisional

approval for the operation or establishment of the cemetery subject to such

(2) A provisional approval is valid for a period determined by the

Director, not exceeding one year, and the Director may renew a provisional

approval for further periods, each not exceeding one year.

(3) A provisional approval does not authorize use of the proposed cemetery

site for burials.

Final certificate of approval

17(1) The Director may

(

a) issue a final certificate of approval subject to such terms and

conditions the Director considers necessary, on being satisfied that the

organization wishing to operate or establish a cemetery

(

i) has obtained a separate title to the property

comprising the cemetery in the organization's name or in the name of some

other person acting on its behalf, and

(ii) is in compliance with other applicable legislation,

(

b) refuse to issue a final certificate of approval if, in the

Director's opinion, it is not in the public interest to issue it.

(2) An organization that receives a final certificate of approval shall

without delay advise the Director of

(

a) the name and address of the person in charge of maintaining the

cemetery records, and

(

b) any change in that information.

Alteration in size of cemetery

18 An organization wishing to alter the size of a cemetery that it

operates shall apply to the Director for provisional approval and a final

certificate of approval concerning the proposed alteration in the same

manner as set out in sections 14 to 17.

Previous approvals continued

19(1) A provisional approval or a final certificate of approval that

(

a) was granted or issued under any predecessor to this Regulation,

and

(

b) is in force on November 30, 1998,

is continued and deemed to have been granted or issued under this

Regulation.

(2) An application for a provisional approval or a final certificate of

approval made under the Establishment and Operation of Cemeteries and

Mausolea Regulation (AR 240/90) as it existed on November 30, 1998 and not

concluded by November 30, 1998 shall be dealt with under this Regulation.

Application to operate or establish a mausoleum

20(1) An organization wishing to operate or establish a mausoleum shall

apply to the Director for approval of the mausoleum and its site and the

application shall be in the form set by the Director and accompanied with

any information required by the Director.

(2) On receipt of an application, the Director may inspect the proposed

mausoleum site.

(3) The Director may, after considering the application and the results of

any inspection carried out under subsection (2), approve the application or

refuse to approve the application if, in the Director's opinion, it is not

in the public interest to approve it.

(4) An organization wishing to alter the size of a mausoleum that it

operates shall apply under this

section to the Director for approval

concerning the proposed alteration.

(5) This

section does not apply if a mausoleum or proposed mausoleum

contains 12 or fewer compartments or other spaces for interment.

Operation of Cemeteries

and Mausolea

Other uses

21(1) The owner of a cemetery shall not permit any portion of the land

contained in the cemetery, as described in the final certificate of

approval, to be used for any purpose other than a cemeterial purpose,

unless the prior approval of the Director for that other use has been

obtained.

(2) The Director may make an approval under subsection (1) subject to such

Layout of cemetery

22(1) The owner of a cemetery established after May 8, 1964 shall ensure

that the cemetery is laid out in such a manner as to provide for

(

a) adequate walks and roadways to provide reasonable access to all

sections of the cemetery, and

(

b) grave lots of adequate size to permit burials to be carried

out.

(2) A grave lot shall be not less than 1.2 metres in width and 2.8 metres

in length, except in those sections intended exclusively for the burial of

bodies of children and of urns containing cremated remains.

(3) A grave lot shall not be located closer than 1.9 metres from a public

highway.

Division of cemetery

23(1) The owner of a cemetery shall ensure that the cemetery is divided in

such a manner as to facilitate the keeping of records and the finding of

any grave.

(2) A cemetery may be divided into blocks or sections, each of which may

contain a number of grave lots.

(3) Blocks or sections of a cemetery shall be marked by suitable signs.

(4) Blocks or sections and grave lots in a cemetery shall be numbered and

lettered so that each grave lot may be readily located and identified.

Maintaining of plans

24 To facilitate the keeping of records and the finding of any grave, the

owner of a cemetery shall maintain a plan of the cemetery showing

(

a) how the cemetery is divided by roadways and walks,

(

b) the location of blocks or sections, and

(

c) the location of grave lots.

Graves

25(1) The owner of a cemetery shall ensure that all graves are dug to a

depth so that between the top of the casket and the ground surface level

there is a distance of at least 0.6 metre if a substantial grave liner is

used or at least 0.9 metre if such a grave liner is not used.

(2) More than one body may be interred in one grave if the top of the

uppermost casket is at least 0.6 metre below the ground level if a

substantial grave liner is used or at least 0.9 metre below the ground

level if such a grave liner is not used.

Maintenance of cemetery

26(1) The owner of a cemetery shall maintain the grounds of the cemetery,

including all interment space, structures and markers, so as to ensure the

safety of the public and preserve the dignity of the cemetery.

(2) To comply with subsection (1), the owner of a cemetery may use income

from perpetual care funds and shall not make any further or other charge to

any person.

Care of cemeteries

27 The owner of a cemetery shall ensure that

(

a) the cemetery and any required fences, walks and entrances to

the cemetery are kept in a good state of repair,

(

b) no offence is committed in the operation of the cemetery, and

(

c) no public health nuisance arises from the operation of the

cemetery.

Removal of monuments, etc.

28 Subject to

section 29, no person shall move or remove any monument,

marker, fence, railing or other work that is placed for the protection or

ornamentation of a cemetery or grave lot and is installed in accordance

with the by-laws of the cemetery.

Maintenance

29(1) The owner of a cemetery may direct or permit

(

a) any monument or other item referred to in

section 28 to be

removed for necessary repairs, and

(

b) any fence or railing or other work for protection or

ornamentation erected on or around a grave lot to be removed if the fence

or railing or other work is in such a state of disrepair as to be unsightly

or dangerous.

(2) Where a monument or other item is removed under subsection (1)(a), it

shall be returned as soon as practicable.

(3) The owner of a cemetery shall not act under subsection (1)(

b) until

the owner has taken reasonable steps to determine that

(

a) no interested person, including any close relative of the

deceased, is prepared to make repairs, and

(

b) no contract or other arrangement exists by which the owner has

undertaken to maintain the fence, railing or other work.

(4) Where the owner of a cemetery acts under subsection (1)(b), the owner

may dispose of or otherwise deal with any material removed and no person

has any claim in respect of that material.

(5) The owner of a cemetery may direct that a monument or marker be moved

to be in line with other monuments or markers or to facilitate care of the

cemetery.

(6) Where a monument or marker is moved under subsection (5), it must in

its new position continue to relate directly to the grave for which it was

erected.

Closing of cemeteries

30(1) Where the owner discontinues the operation of a cemetery in which

dead human bodies or human remains have been buried, the owner shall take

all necessary steps to ensure that the cemetery will be maintained so as

not to give rise to any offence or public health nuisance.

(2) In the case of a discontinued cemetery that is owned by a person or an

organization other than a municipality, the owner may enter into an

agreement with the municipality in which the cemetery is located or with a

municipality served by the cemetery, whereby the municipality agrees to

provide maintenance for the cemetery in compliance with subsection (1).

(3) Where an agreement is entered into under subsection (2), the

municipality has the same responsibility under subsection (1) as the owner

of the cemetery.

Permit re mausoleum

31 The owner of a mausoleum shall obtain any permit or approval required

by any enactment or municipal bylaw in respect of the construction or

operation of a mausoleum.

Construction standards

32 The owner of a mausoleum shall ensure that the mausoleum is so

situated and constructed of such materials and in such a manner that

(

a) it will not give rise to any offence or public health nuisance,

and

(

b) it will provide protection against vandalism to the bodies

interred or stored in it.

Care of mausoleum

33 The owner of a mausoleum and the owner of a cemetery in which a

mausoleum is located shall ensure that

(

a) the mausoleum is maintained in a good state of repair,

(

b) no offence is committed in the operation of the mausoleum,

(

c) no public health nuisance arises from the operation of the

mausoleum, and

(

d) precautions are taken to prevent vandalism and to protect the

bodies interred or stored in the mausoleum.

Relationship of mausoleum to cemetery

34 A mausoleum shall be considered for administrative purposes to be part

of the cemetery in which it is located.

Record keeping

35 The person who is appointed to maintain the cemetery records shall

(

a) maintain the records of interment or storage of bodies in any

mausoleum located in the cemetery, and

(

b) submit any returns in the form, at the times and containing the

information that the Director of Vital Statistics requires.

Evidence of ownership

36 The owner of a cemetery shall, at the time of the sale or agreement

for sale of each grave lot, compartment or other space in the cemetery or

mausoleum, deliver to the purchaser a certificate, agreement or other

document showing the following:

(

a) the name of the purchaser;

(

b) the date of the purchase;

(

c) the amount of the sale and terms of payment, if any;

(

d) the amount, if any, to be deposited to the perpetual care fund;

(

e) in the case of a grave lot, its location, its area or

dimensions and the number of grave spaces in it;

(

f) in the case of a mausoleum, the number or other designation of

the compartment or space in it.

Register

37(1) The owner of a cemetery shall keep a register in which the owner

shall enter, with respect to each grave lot, compartment or other space in

the cemetery or mausoleum,

(

a) the date of sale,

(

b) the sale price,

(

c) the name and address of the purchaser,

(

d) the name and address of any person to whom it is transferred

and the date of transfer,

(

e) the date of each burial or interment in it,

(

f) the name of each deceased person buried or interred in it,

(

g) the name and address of the personal representative or next of

kin of each deceased person,

(

h) the name of the funeral director or other person in charge of

the funeral of the deceased person,

(

i) the amount of any charge made for services rendered and the

nature of those services rendered at the time of burial or interment, and

(

j) the particulars of each disinterment or removal of a dead human

body.

(2) The owner of a cemetery shall keep the register referred to in

subsection (1) available for inspection by

(

a) the Director or a person designated in writing by the Director,

(

b) any police officer carrying out law enforcement duties, or

(

c) any relative of a deceased person whose burial or interment is

listed in the register.

Burial permit

38 The owner of a cemetery shall not permit the burial or interment of a

dead human body in the cemetery or a mausoleum in the cemetery unless the

funeral director or other person officiating at the burial or interment has

delivered a burial permit to the owner or to the person appointed to

maintain the records.

Disinterment

39 No person shall disinter or remove a dead human body from a cemetery

or mausoleum for any purpose unless that person first obtains a permit for

disinterment issued by the Director of Vital Statistics and delivers it to

the owner of the cemetery.

Columbaria

Location of columbarium

40 No person shall construct or maintain a columbarium unless it is

located

(

a) in a cemetery,

(

b) in a church, or

(

c) as part of the facilities of a crematory.

Permit re columbarium

41 The columbarium operator shall obtain any permit or approval required

by any enactment or municipal bylaw in respect of the construction or

operation of a columbarium.

Construction standards

42 The columbarium operator shall ensure that the columbarium is so

situated and constructed of such materials and in such a manner that

(

a) it will not give rise to any offence or public health nuisance,

and

(

b) it will provide protection against vandalism to the cremated

remains stored in it.

Care of columbarium

43 The columbarium operator shall ensure that

(

a) the columbarium is maintained in a good state of repair,

(

b) no offence is committed in the operation of the columbarium,

(

c) no public health nuisance arises from the operation of the

columbarium, and

(

d) precautions are taken to prevent vandalism and to protect the

cremated remains stored in the columbarium.

Columbarium in cemetery

44 Where a columbarium is situated in a cemetery,

(

a) it shall be considered for administrative purposes to be part

of the cemetery, and

(

b) the person who is appointed to maintain the cemetery records

shall maintain any records concerning the columbarium that are required by

this Regulation or other legislation.

Repairs and modifications

45(1) If, in the opinion of the Director, the operation of a columbarium

is contrary to the Act or this Regulation, the Director may give notice in

writing to the columbarium operator requiring that repairs or modifications

be carried out and completed within a period specified in the notice.

(2) A columbarium operator who receives a notice under subsection

(1) shall comply with it.

Evidence of ownership

46 A columbarium operator shall, at the time of the sale or agreement for

sale of each compartment or space in the columbarium, deliver to the

purchaser a certificate, agreement or other document showing the following:

(

a) the name of the purchaser;

(

b) the date of the purchase;

(

c) the amount of the sale and terms of payment, if any;

(

d) the amount, if any, to be deposited to the perpetual care fund;

(

e) the number or other designation of the compartment or space in

the columbarium.

Register

47(1) A columbarium operator shall keep a register in which the operator

shall enter, with respect to each compartment or space in the columbarium,

(

a) the date of sale,

(

b) the sale price,

(

c) the name and address of the purchaser,

(

d) the name and address of any person to whom it is transferred

and the date of transfer,

(

e) the date of placing cremated remains in it,

(

f) the name of each deceased person whose cremated remains are

placed in it,

(

g) the name and address of the personal representative or next of

kin of each deceased person,

(

h) the amount of any charge made for services rendered and the

nature of those services rendered at the time of placing cremated remains

in it, and

(

i) the particulars of each removal of cremated remains from it.

(2) The columbarium operator shall keep the register referred to in

subsection (1) available for inspection by

(

a) the Director or a person designated in writing by the Director,

(

b) any police officer carrying out law enforcement duties, or

(

c) any relative of a deceased whose cremated remains are in the

columbarium.

Repeals, Expiry and

Coming into Force

Repeals

48(1) Sections 1 to 12 and 18 and

Schedule 1 of the Cemeteries, Mausolea

and Columbaria Regulation (AR 238/90) are repealed.

(2) The Establishment and Operation of Cemeteries and Mausolea Regulation

(AR 240/90) and the Establishment and Operation of Columbaria Regulation

(AR 241/90) are repealed.

Expiry

49 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 November 30, 2003.

Coming into force

50 This Regulation comes into force on December 1, 1998.

SCHEDULE

The following shall appear in each pre-need contract under the Act:

Right to Cancel by Purchaser or Lessee

1 You may cancel this contract at any time for any reason. You may

cancel without charge or penalty at any time during the period from the day

you enter into the contract until 30 days after you receive a copy of the

contract. If you cancel after 30 days you may still have to pay for

interment space and for any cemetery supplies and cemetery services that

have already been supplied, performed or delivered, as the case may be.

2 If you cancel this contract, the seller has 15 days to refund any money

you are owed. To cancel, you must give a notice of cancellation to the

owner of the cemetery, columbarium or mausoleum at the address shown in the

contract or to the seller of this contract at the address shown in the

contract. You should give notice of cancellation by a method that will

allow you to prove that you gave notice, such as registered mail, fax,

courier or by personal delivery.

Resale of Interment Space

3 After the penalty-free 30-day cancellation period is over, the seller

will _____ will not _____ allow you to resell your interment space on the

open market. A seller who does not allow resale must buy back the unused

interment space from you, if you wish, and must pay you at least 85% of its

market value at the date of resale.

Document details

Collection	Alberta — Gazette
Citation	documents gazette 1998 pdf 1215 ii.pdf
Type	gazette
Volume / chapter	documents gazette 1998 pdf 1215 ii.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	164594f21ff6e0f3df8c1a2a90c7add944115c04

Source file is stored in the law ingest library (json).