Alberta Gazette — 28 February (ii)

0228 ii

Alberta — Gazette

Alberta Gazette — 28 February (ii)

0228 ii

Alberta — Gazette

Alberta Regulation 29/2001

Dairy Board Act

DAIRY BOARD AMENDMENT REGULATION

Filed: February 2, 2001

Made by the Alberta Dairy Board on January 22, 2001 and approved by the

Lieutenant Governor in Council (O.C. 40/2001) on January 30, 2001 pursuant

section 11 of the Dairy Board Act.

1 The Dairy Board Regulation (AR 207/96) is amended by this Regulation.

Section 2(2) is repealed and the following is substituted:

(2) The membership of the policy committee consists of

(a) 5 producer representatives,

(b) 5 processer representatives, and

(

c) the chairman of the Alberta Dairy Control Board.

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

Alberta Regulation 30/2001

Protection of Children Involved in Prostitution Act

COURT FORMS AND PROCEDURES AMENDMENT REGULATION

Filed: February 7, 2001

Made by the Lieutenant Governor in Council (O.C. 71/2001) on February 7,

2001 pursuant to

section 8 of the Protection of Children Involved in

Prostitution Act.

1 The Court Forms and Procedures Regulation (AR 7/99) is amended by this

Regulation.

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

Protection of Children Involved in Prostitution Amendment Act, 2000.

3 The

Schedule is repealed and the following is substituted:

SCHEDULE

FORM 1

In The Provincial Court of Alberta

In the Matter of the Protection of Children

Involved in Prostitution Act

Application for an Apprehension Order

Regarding the child (name) , born year/month/day

date

My name is (name) .

I am a police officer.

I am a person delegated to act for a director pursuant to

section 87(3) of the Child Welfare Act.

Application

I am applying for an order under

section 2 of the Protection of Children

Involved in Prostitution Act:

authorizing a police officer or director to apprehend and

convey the child to the child's guardian or to an adult who in the opinion

of the person apprehending the child is a responsible adult who has care

and control of the child;

authorizing a police officer or director to apprehend and

convey the child to a protective safe house and authorizing a director to

confine the child for up to 5 days to ensure the safety of the child and to

assess the child;

authorizing a police officer or director to enter, by force if

necessary, the place or premises specified in my declaration below and to

search for and apprehend the child.

Declaration

In support of my application, I solemnly declare:

I have reasonable and probable grounds to believe that this

child is engaging in prostitution or is attempting to engage in

prostitution as shown by

I have reasonable and probable grounds to believe that this

child may be found at:

(address)

because (state grounds)

year/month/day

Applicant's signature date

Declared before me at

(city or town) , Stamp of Commissioner for Oaths

in the Province of Alberta on or

year/month/day Seal of Notary Public

Notary Public or Commissioner for Oaths

for Alberta

FORM 2

In The Provincial Court of Alberta

In the Matter of

Born on year/month/day

A CHILD WITHIN THE MEANING OF THE

PROTECTION OF CHILDREN INVOLVED

IN PROSTITUTION ACT

Heard Before The Honourable Judge/ on (day of week)

Justice of the Peace (name of Judge the (day)

of (month),

/Justice of the Peace) at , Alberta. (year)

APPREHENSION ORDER

WHEREAS (name) , (police officer or director) has applied for an

order authorizing the apprehension of the child;

AND

WHEREAS I am satisfied that the applicant has reasonable and probable

grounds to believe that the child is engaging in prostitution or is

attempting to engage in prostitution;

IT IS ORDERED THAT a police officer or a director may apprehend the

child and convey the child to (name) , the child's guardian, or to

(name) , who in the opinion of the person apprehending the child is a

responsible adult who has care and control of the child,

IT IS ORDERED THAT a police officer or a director may apprehend the

child and convey the child to a protective safe house, where a director may

confine the child for up to 5 days and may assess the child,

AND

WHEREAS I am satisfied that the child may be found in a place or

premises;

IT IS FURTHER ORDERED THAT a police officer or a director may enter

(place or premises) , using force if necessary, in order to search for and

apprehend the child.

Judge or Justice of the Peace or Clerk of the Court

FORM 3

In The Provincial Court of Alberta

In the Matter of the Protection of Children

Involved in Prostitution Act

Appearance to Show Cause for Confinement

Regarding the child (name) , born year/month/day

My name is (name) .

I am a person delegated to act for a director pursuant to

section 87(3) of the Child Welfare Act.

Appearance to Show Cause for Confinement

I am appearing to show cause why the confinement of the child was

necessary, because the child was confined under

section 2(10) of the

Protection of Children Involved in Prostitution Act without an order.

The child was apprehended on (year/month/day) .

The child was confined on (year/month/day) at (name of protective safe

house).

Declaration

I solemnly declare that I have reasonable and probable grounds to believe

it was necessary to confine this child to ensure the safety of this child

and to assess the child because

and I make this solemn declaration conscientiously believing it to be true

and knowing that it is of the same force and effect as if made under oath.

(year/month/day)

(Applicant's signature)

Declared before me at

(city or town) , Stamp of Commissioner for Oaths

in the Province of Alberta on or

year/month/day Seal of Notary Public

Notary Public or Commissioner

for Oaths for Alberta

Notice to the Child

This is your notice that I will be appearing in Court to show cause why you

were confined by the director for a period of days.

The court hearing will be at (address) on (year/month/day) .

You may attend the hearing and may be represented by a lawyer at any

appearance before the Court. The telephone number of the nearest Legal Aid

Society Office is (phone) .

A judge will hear my information as soon as possible after (time). If you

want to speak to the judge about my information, you must attend the

hearing.

FORM 4

In The Provincial Court of Alberta

In the Matter of the Protection of Children

Involved in Prostitution Act

Application and Request for Review of Confinement

1 Regarding the child (name) , born (year/month/day) .

My name is .

I am the child.

I am a guardian of the child.

My address and telephone number are:

I am a person who has delegated authority to act for a

director.

2 Application to the Court

I am applying for a review of

the director's decision to confine me in a protective safe

house for up to 5 days (only the child may apply)

the Court's order to confine the child in a protective house

for days (the child, guardian or a director may apply)

made on (year/month/day) and terminating on (year/month/day) .

I am applying for an order to:

vary the existing order

terminate the existing order.

I am applying for this review because: .

3 Notice of Court Application

This is your notice that I am applying to the Court for a review under the

Protection of Children Involved in Prostitution Act of

the director's decision to confine me in a protective safe

house for up to 5 days,

the Court's order to confine the child in a protective safe

house for days.

The court hearing will be at (address) on (year/month/day) .

A judge will hear my application as soon as possible after (time) .

If you want to speak to the judge about my application, you must attend the

hearing.

At the end of the hearing, the judge may make an order. The judge may make

an order other than what I apply for.

If you do not attend the court hearing, the judge may still make an order.

(year/month/day)

(Applicant's signature)

FORM 5

In The Provincial Court of Alberta

In the Matter of the Protection of Children Involved

in Prostitution Act

Notice and Application for a Confinement Order

1 Regarding the child (name) , born (year/month/day)

My name is .

I am a person who has the authority to act for a director.

2 Application to the Court

This child is the subject of

a director's authorization for confinement beginning on

(year/month/day) and terminating on (year/month/day) . I am

applying for an order to confine this child for a period of days.

a Court order confining the child for days granted

(year/month/day) and terminating on (year/month/day) . I am

applying for a renewal of this confinement order for a further period of

days.

I am of the opinion that the child would benefit from a further period of

confinement. There is evidence to show

 release of this child from a protective safe house presents a

risk to the life or safety of the child because the child is unable or

unwilling to stop engaging in or attempting to engage in prostitution,

 less intrusive measures are not adequate to reduce the risk,

and

 it is in the best interests of the child to be further confined

for the purposes of making programs and other services available to the

child in a safe and secure environment.

The evidence is .

3 Notice of Court Application

This is your notice that I am applying to the Court for an order to confine

you under the Protection of Children Involved in Prostitution Act. A

confinement order authorizes the director to confine you in a protective

safe house.

The court hearing will be at (address) (year/month/day) .

A judge will hear my application as soon as possible after (time) .

If you want to speak to the judge about my application, you must attend the

hearing. At the end of the hearing, the judge may make an order to confine

you.

If you do not attend the court hearing, the judge may still make an order.

(year/month/day)

(Applicant's signature)

FORM 6

In The Provincial Court of Alberta

In the Matter of ,

Born on , .

A Child Within the Meaning of the

Protection of Children Involved in Prostitution Act

Heard Before The Honourable Judge/ on (day of week)

Justice of the Peace (name of Judge the (day)

of (month),

/Justice of the Peace) at , Alberta. (year)

Confinement Order

WHEREAS (name) , delegated by a director, has applied for an order for

confinement of (child's name) ;

AND

WHEREAS I am satisfied that

release of the child from a protective safe house presents a risk to

the life or safety of the child because the child is unable or unwilling to

stop engaging in or attempting to engage in prostitution,

less intrusive measures are not adequate to reduce the risk, and

it is in the best interests of the child to order a period of further

confinement for the purposes of making programs and other services

available to the child in a safe and secure environment;

IT IS ORDERED that the child be confined in a protective safe house

specified by a director for days commencing forthwith and terminating

on the day of , 20 .

(Judge or Clerk of the Court)

TAKE NOTICE THAT:

1 This order may be reviewed on the application of the child, the

child's guardian or a director.

2 A copy of the form to apply to the Court for a review may be obtained

from a director or the person in charge of the protective safe house in

which the child is confined.

3 The Court must hear the request for review not more than 5 days after

the application is filed with the Court, unless the Court extends the time

before the hearing.

4 The child may be represented by a lawyer on any application to the

Court.

5 The telephone number of the nearest office of the Legal Aid Society

of Alberta is .

To: Clerk of the Court

A director

The Child

FORM 7

Voluntary Service Agreement

Respecting the child, (name) , born (year/month/day) , of

(address) .

Agreement

This agreement is made between a director, the child and the

child's guardian, (guardian's name) of (address) , or

This agreement is made between a director and the child, if the

child is 16 years of age or over.

We agree that this agreement is effective from to unless

otherwise cancelled.

We agree that, if one of us wants to cancel the agreement, that person will

provide to the other persons who entered into the agreement written

notification that sets a date for the agreement to end.

We agree that the child will be provided with the programs and services

described below. We also agree that we can make changes to this agreement

if the changes are made in writing and if all of us agree to the changes.

List of Service Providers

Name

Address

Phone

Number

Role/Agency

Pursuant to the Freedom of Information and Protection of Privacy Act,

information sharing may occur between involved agencies and professionals

in order to co-ordinate programs and services. The use of this personal

information is solely for the purposes of providing programs and services

to the child under this agreement.

Programs and Services Planned

Reason for program and services involvement: (include family information,

history or problem development)

Overall outcomes for child and/or family: (clearly state goals and signs of

achievement)

Service provider responsibilities: (include review dates)

Child/family responsibilities: (include review dates)

Guardian's financial responsibilities:

The guardian agrees to contribute the following toward maintaining the

child:

dental costs

optical costs

prescription drugs

school fees

other

clothing

recreation costs

counseling fees

payments of $ per month. These payments will be made on the

of every month starting on .

a one time payment of $ to be paid by .

The guardian will make payments to:

the Provincial Treasurer by supplying the payments to a director at

(worksite address) .

other (please explain) .

Signatures

(year/month/day)

(date) Child's Signature

(year/month/day)

(date) Guardian's Signature (required only if

guardian is party to this agreement)

(year/month/day)

(date) Signature of director or

director's delegate

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

Alberta Regulation 31/2001

Government Organization Act

MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION

Filed: February 7, 2001

Made by the Lieutenant Governor in Council (O.C. 79/2001) on February 7,

2001 pursuant to

section 13 of the Government Organization Act.

1 The Municipal Affairs Grants Regulation (AR 123/2000) is amended by

this Regulation.

Schedule 2 is amended in

section 1(3) by striking out "2000 only" and

substituting "2000 or 2001".

Alberta Regulation 32/2001

Gaming and Liquor Act

GAMING AND LIQUOR AMENDMENT REGULATION

Filed: February 7, 2001

Made by the Lieutenant Governor in Council (O.C. 80/2001) on February 7,

2001 pursuant to

section 126 of the Gaming and Liquor Act.

1 The Gaming and Liquor Regulation (AR 143/96) is amended by this

Regulation.

Section 103 is amended by striking out "July 15, 2001" and substituting

"July 15, 2002".

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

Alberta Regulation 33/2001

Government Organization Act

TRANSPORTATION AND UTILITIES GRANTS AMENDMENT REGULATION

Filed: February 7, 2001

Made by the Lieutenant Governor in Council (O.C. 81/2001) on February 7,

2001 pursuant to

section 13 of the Government Organization Act.

1 The Transportation and Utilities Grants Regulation (AR 355/86) is

amended by this Regulation.

Schedule 10 is amended in

section 1(1) and (2) by striking out

"residential" wherever it occurs.

Alberta Regulation 34/2001

Alberta Personal Income Tax Act

PERSONAL INCOME TAX WITHHOLDING REGULATION

Filed: February 7, 2001

Made by the Lieutenant Governor in Council (O.C. 85/2001) on February 7,

2001 pursuant to

section 82 of the Alberta Personal Income Tax Act.

Table of Contents

Definitions 1

Deductions and withholdings 2

Periodic payments 3

Non-periodic payments 4

Application of federal regulations 5

Coming into force 6

Schedule

Definitions

1(1) Subject to subsection (4), those expressions defined in subsection

100(1) of the federal regulation have the same meaning for the purposes of

this Regulation as are given to them by subsection 100(1) of the federal

regulation.

(2) Subsection 100(2) of the federal regulation applies for the purposes

of this Regulation.

(3) Section 1 of the Alberta Personal Income Tax Act applies to this

Regulation.

(4) A reference to the "appropriate percentage" in a provision of the

federal regulation that applies for the purposes of this Regulation is to

be read as a reference to the "specified percentage".

(5) For the purposes of this Regulation and any provisions of the federal

regulation that apply to this Regulation,

(a) "employee" means any person receiving remuneration who reports

for work at an establishment of an employer in Alberta;

(b) "personal credits" means, in respect of a particular taxation

year, the greater of

(

i) the amount referred to in

section 8(1)(

c) of the

Alberta Personal Income Tax Act, and

(ii) the aggregate of the credits that the employee

would be entitled to claim for the year as calculated under sections 8, 9,

10, 13, 15, 16, 19 and 20 of the Alberta Personal Income Tax Act where "the

specified percentage for the year" referred to in those sections is read as

being equal to 1.

Deductions and withholdings

2 The amount to be deducted or withheld under subsection 153(1) of the

federal Act as it applies to

section 51 of the Alberta Personal Income Tax

Act is the amount determined in accordance with this Regulation.

Periodic payments

3(1) Except as otherwise provided in this Regulation, the amount to be

deducted or withheld by an employer from any payment of remuneration made

to an employee in the employee's taxation year is, for each pay period, the

amount determined in accordance with the following formula:

A X (B-

C) where

A is the specified percentage;

B is the amount that is the notional remuneration calculated for the

purposes of paragraph 102(1)(

c) of the federal regulation;

C is the amount determined in the Schedule;

D is the maximum number of pay periods for the taxation year.

(2) Where an employee has elected under subsection 107(2) of the federal

regulation, the notional remuneration for the purposes of subsection (1) is

the lesser of the notional remuneration computed for the purposes of

paragraph 102(1)(

c) of the federal regulation and the estimated annual

taxable income as determined under paragraph 102(2)(

c) of the federal

regulation.

Non-periodic payments

4 Subsections 103(1) to (6) of the federal regulation apply except that

(

a) in paragraph (1)(a), the percentage amount shall be read as 5%,

(

b) in subparagraph (4)(a)(ii), the percentage amount shall be read

as 3%,

(

c) in subparagraph (4)(b)(ii), the percentage amount shall be read

as 7%, and

(

d) in subparagraph (4)(c)(ii), the percentage amount shall be read

as 10%.

Application of federal regulations

5(1) No amount shall be deducted or withheld from a payment in accordance

with

section 3 or 4, if no amount is to be deducted or withheld from a

payment made in accordance with

section 102 or 103 of the federal

regulation.

(2) Subsection 102(5) and sections 106 to 109 of the federal regulation

apply for the purposes of this Regulation to an employer and an employee

and to the determinations made under this Regulation.

Coming into force

6 This Regulation applies to the 2001 and subsequent taxation years.

SCHEDULE

1 For the purpose of determining C under

section 3 of the Regulation,

(

a) where the remuneration for the year is $12 900 or less, C is

$12 900;

(

b) where the amount of personal credits exceeds $30 000, C is the

actual amount of personal credits;

(

c) in any other case, C is the mid-point of the applicable range

of personal credits as follows:

$12 900.01 - $14 800.00

14 800.01 - 16 700.00

16 700.01 - 18 600.00

18 600.01 - 20 500.00

20 500.01 - 22 400.00

22 400.01 - 24 300.00

24 300.01 - 26 200.00

26 200.01 - 28 100.00

28 100.01 - 30 000.00

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

Alberta Regulation 35/2001

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN

AMENDMENT REGULATION

Filed: February 7, 2001

Made by the Lieutenant Governor in Council (O.C. 86/2001) on February 7,

2001 pursuant to

Schedule 5,

section 4 of the Public Sector Pension Plans

Act.

1 The Management Employees Pension Plan (AR 367/93) is amended by this

Regulation.

2 The following is added after

section 117 (in the location formerly

reserved for

section 117.4):

Transitional - Alberta vocational colleges

117.4(1) Until the end of December 2002, this Regulation is to be

read as if the changes described in subsections (2) to (5) constituted

amendments to the provisions of this Regulation referred to in those

subsections.

(2) The following is to be treated as added before

section 2(1)(a):

(0a) "AVC" means a vocational college within the meaning

section 1(

n) of the Colleges Act;

(3) The following is to be treated as added after

section 2(1)(gg):

(gg.1) "provincial institution" means an AVC which,

at the time in question, was a provincially-owned institution within the

meaning of

section 1(

i) of the Colleges Act;

(4) Section 10 is to be treated as changed by adding the following

after clause (c.5):

(c.6) employees who

(

i) were or are employed by an AVC after

September 1, 1997, and

(iii) work in an AVC in circumstances where,

had they been employed by the Government to work in a provincial

institution before May 14, 1997, they would have been participants of this

Plan,

while they remain employed by an AVC;

(c.7) employees of an AVC who were participants of the

Plan employed by the Government to work in a provincial institution

immediately or shortly prior to their becoming employees of an AVC on or

following the provincial institution's becoming an AVC, while they remain

employed by an AVC;

(5) Part 2 of

Schedule 2 is to be treated as changed by deleting

"and" from Item (j), inserting ", and" at the end of Item (

k) and inserting

the following after Item (k):

(

l) The Alberta Vocational Colleges at Calgary,

Edmonton, Lac La Biche and Lesser Slave Lake.

(6) For the purposes of this section, a person who worked for the

Government in a provincial institution immediately before May 14, 1997 and

who continued to work in an AVC after that time and who became employed by

the AVC is deemed to have become employed by the AVC at the beginning of

September 1, 1997, regardless of when the person actually became employed

by it.

(7) This

section is repealed as at the end of December 31, 2002.

Part 2 of

Schedule 2 is amended

(

a) by repealing Item (h.2) and substituting the following:

(h.2) The Alberta Pensions Administration Corporation,

(

b) by repealing the "NOTE" on Item (h.2) at the end of the Part

and substituting the following:

NOTE: Item (h.2) ceases to have any force at the end of

December 2002.

4 This Regulation is deemed to have come into force on January 1, 2001.

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

Alberta Regulation 36/2001

Child Welfare Act

GENERAL AMENDMENT REGULATION

Filed: February 7, 2001

Made by the Minister of Children's Services (M.O. 11/01) on February 5,

2001 pursuant to

section 96(2) of the Child Welfare Act.

1 The General Regulation (AR 192/85) is amended by this Regulation.

Schedule 2 is amended by repealing clauses (j), (

l) and (m).

3 This Regulation comes into force on the date the Protection of Children

Involved in Prostitution Amendment Act, 2000 comes into force.

Alberta Regulation 37/2001

Protection of Children Involved in Prostitution Act

PROTECTION OF CHILDREN INVOLVED IN PROSTITUTION

AMENDMENT REGULATION

Filed: February 7, 2001

Made by the Minister of Children's Services (M.O. 10/01) on February 5,

2001 pursuant to

section 8(2) of the Protection of Children Involved in

Prostitution Act.

1 The Protection of Children Involved in Prostitution Regulation (AR

5/99) is amended by this Regulation.

2 The

Schedule is amended in clause (

d) by adding ", Sundance House"

after "Centre".

3 This Regulation comes into force on the date the Protection of Children

Involved in Prostitution Amendment Act, 2000 comes into force.

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

Alberta Regulation 38/2001

Employment Standards Code

MATERNITY AND PARENTAL LEAVE REGULATION

Filed: February 7, 2001

Made by the Lieutenant Governor in Council (O.C. 69/2001) on February 7,

2001 pursuant to

section 138 of the Employment Standards Code.

Table of Contents

Substitution 1

Maternity Leave

Entitlement to maternity leave 2

Length of maternity leave 3

Notice of maternity leave 4

No notice of maternity leave 5

Notice of employer to start maternity leave 6

Parental Leave

Parental leave 7

Notice of parental leave 8

Rules Common to Maternity Leave

and Parental Leave

Termination of employment prohibited during

maternity leave and parental leave 9

Resumption of employment 10

Suspension of operations 11

Miscellaneous

Modification 12

Application of benefit 13

Transitional provision 14

Coming into force 15

Substitution

1 This Regulation applies in substitution for Division 7 of

Part 2 of the

Employment Standards Code.

Maternity Leave

Entitlement to maternity leave

2 A pregnant employee who has been employed by an employer for at least

52 consecutive weeks is entitled to maternity leave without pay.

Length of maternity leave

3(1) The maternity leave to which a pregnant employee is entitled is a

period of not more than 15 weeks starting at any time during the 12 weeks

immediately before the estimated date of delivery.

(2) An employee on maternity leave must take a period of leave of at least

6 weeks immediately following the date of delivery, unless the employee and

her employer agree to shorten the period by the employee's giving her

employer a medical certificate indicating that resumption of work will not

endanger her health.

Notice of maternity leave

4(1) A pregnant employee must give her employer at least 6 weeks' written

notice of the date she will start her maternity leave, and if so requested

by her employer, the pregnant employee must provide her employer with a

medical certificate certifying that she is pregnant and giving the

estimated date of delivery.

(2) A pregnant employee is entitled to start maternity leave on the date

specified in the written notice given to her employer under subsection (1).

No notice of maternity leave

5 An employee who does not give her employer prior notice of maternity

leave before starting it is still entitled to maternity leave if, within 2

weeks after she ceases to work, she provides her employer with a medical

certificate

(

a) indicating that she is not able to work because of a medical

condition arising from her pregnancy, and

(

b) giving the estimated or actual date of delivery.

Notice of employer to start maternity leave

6 If during the 12 weeks immediately before the estimated date of

delivery the pregnancy of an employee interferes with the performance of

her duties, an employer may give the employee written notice requiring her

to start maternity leave.

Parental Leave

Parental leave

7(1) Subject to subsection (2), an employer must grant parental leave to

an employee as follows:

(

a) in the case of an employee entitled to maternity leave under

this Division, a period of not more than 37 consecutive weeks immediately

following the last day of maternity leave;

(

b) in the case of a parent who has been employed by the employer

for at least 52 consecutive weeks, a period of not more than 37 consecutive

weeks within 52 weeks after the child's birth;

(

c) in the case of an adoptive parent who has been employed by the

employer for at least 52 consecutive weeks, a period of not more than 37

consecutive weeks within 52 weeks after the child is placed with the

adoptive parent for the purpose of adoption.

(2) If employees described under this

section are parents of the same

child, the parental leave granted under subsection (1) may

(

a) be taken wholly by one of the employees, or

(

b) be shared by the employees.

(3) If employees described under this

section are parents of the same

child and are employed by the same employer, the employer is not required

to grant parental leave to more than one employee at a time.

Notice of parental leave

8(1) An employee must give the employer at least 6 weeks' written notice

of the date the employee will start parental leave unless

(

a) the medical condition of the birth mother or child makes it

impossible to comply with this requirement;

(

b) the date of the child's placement with the adoptive parent was

not foreseeable.

(2) If the employee cannot comply with the written notice requirement for

any of the reasons stated under subsection (1)(

a) and (b), the employee

must give the employer written notice at the earliest possible time of the

date the employee will start or has started parental leave.

(3) An employee is entitled to start parental leave on the date specified

in the written notice given to the employer under subsection (1) or (2).

(4) Written notice under

section 4(1) is deemed to be notice of parental

leave under this

section unless the notice specifically provides that it is

not notice of parental leave, in which case this

section applies.

(5) Employees who intend to share parental leave must advise their

respective employers of their intention to share parental leave.

Rules Common to Maternity Leave

and Parental Leave

Termination of employment prohibited during maternity leave and parental

leave

9(1) No employer may terminate the employment of, or lay off, an employee

who

(

a) has started her maternity leave, or

(

b) is entitled to or has started parental leave.

(2) Subsection (1) does not apply if an employer suspends or discontinues

in whole or in part the business, undertaking or other activity in which

the employee is employed, but the obligation of the employer to reinstate

the employee or provide the employee with alternative work in accordance

with

section 11 continues to apply.

Resumption of employment

10(1) Subject to

section 3(2), an employee must give the employer at least

4 weeks' written notice of the date on which the employee intends to resume

work and in any event not later than 4 weeks before the end of the leave

period to which the employee is entitled or 4 weeks before the date on

which the employee has specified as the end of the employee's leave period,

whichever is earlier.

(2) An employee is not entitled to resume working until the date specified

in the written notice referred to under subsection (1).

(3) An employee must resume work on the date specified in the written

notice and if the employee fails to return to work on that date, the

employee is not entitled to resume work subsequently unless the failure to

return to work resulted from unforeseeable or unpreventable circumstances.

(4) If an employee fails to provide at least 4 weeks notice before the end

of the leave period to which the employee is entitled, the employee may not

resume work unless the failure to provide the notice resulted from

unforeseeable or unpreventable circumstances.

(5) Where an employee is entitled to resume work under this section, the

employer must

(

a) reinstate the employee in the position occupied when maternity

or parental leave started, or

(

b) provide the employee with alternative work of a comparable

nature

at not less than the earnings and other benefits that had accrued to the

employee when the maternity or parental leave started.

(6) An employee who does not wish to resume employment after maternity or

parental leave must give the employer at least 4 weeks' written notice of

intention to terminate employment.

Suspension of operations

11 If the business, undertaking or other activity of an employer is

suspended or discontinued in whole or in part during an employee's

maternity or parental leave and the employer has not resumed operations

when the employee's leave ends, the employer must, if the operation is

subsequently resumed within 52 weeks following the end of the leave,

(

a) reinstate the employee in the position occupied at the time the

maternity or parental leave started, at not less than the earnings and

other benefits that had accrued to the employee, or

(

b) provide the employee with alternative work in accordance with

an established seniority system or practice of the employer in force at the

time the employee's maternity or parental leave started, with no loss of

seniority or other benefits accrued to the employee.

Miscellaneous

Modification

12 This Regulation, for the purposes of

Part 2 of the Act, modifies the

Act

(

a) by striking out "adoption benefits" in the following sections

and substituting "parental leave":

sections 1(1)(o);

section 2(2);

section 3(1)(b)(

i) and (2);

section 14(4)(f);

(

b) in

section 82(1)(b)(

i) by striking out "adoption leave" and

substituting "parental leave".

Application of benefit

13 A maternity or parental leave under this Regulation applies only in

the case of a child born or adopted on or after December 31, 2000.

Transitional

14(1) If, on the coming into force of this Regulation, a pregnant employee

has given her employer written notice pursuant to

section 47(1) of the

Employment Standards Code that employee is entitled to the parental leave

described in

section 7(1)(

a) without further notice.

(2) Notwithstanding subsection (1), an employee referred to in subsection

(1) who wishes to resume working after the period of maternity leave

described in

section 46(1)(

a) of the Employment Standards Code ends must

give her employer at least 2 weeks written notice of the day on which the

employee intends to resume work.

Coming into force

15 This Regulation comes into force on February 7, 2001.

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

Alberta Regulation 39/2001

Electric Utilities Act

BALANCING POOL AMENDMENT REGULATION

Filed: February 12, 2001

Made by the Minister of Resource Development (M.O. 5/2001) on February 8,

2001 pursuant to

section 45.97 of the Electric Utilities Act.

1 The Balancing Pool Regulation (AR 169/99) is amended by this

Regulation.

Section 1(1)(

h) is repealed and the following is substituted:

(h) "extraordinary event" means

(

i) an event, other than the termination of an

arrangement, in respect of which the arrangement provides for a payment

into or out of the balancing pool, or

(ii) an event that results in

(

A) the delivery after December 31, 2000 of

a notice of termination of an arrangement,

(

B) the termination of the arrangement in

(

C) the balancing pool administrator

becoming a party to the arrangement;

3 The following is added after

section 2:

Condition precedent to balancing pool administrator's authority to act

pursuant to regulations

2.1(1) The Council has authority to carry out all the powers and

duties given by the regulations or by an arrangement to the balancing pool

administrator.

(2) The Council may delegate to a person appointed under

section

2(1)(

c) the exercise of any power or duty referred to in subsection (1).

(3) A person appointed under

section 2(1)(

c) has no authority to

carry out a power or duty given by the regulations to the balancing pool

administrator unless the Council has delegated to that person the exercise

of that power or duty.

(4) A delegation by the Council under this

section must be in

writing.

(5) Where the Council delegates the exercise of a power or duty

under this section, the Council is not precluded from carrying out the

power or duty.

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

Alberta Regulation 40/2001

Electric Utilities Act

BILLING AMENDMENT REGULATION

Filed: February 12, 2001

Made by the Minister of Resource Development (M.O. 3/2001) on February 8,

2001 pursuant to

section 31.995(1) of the Electric Utilities Act.

1 The Billing Regulation (AR 290/99) is amended by this Regulation.

Section 1 is amended

(

a) in clause (

b) by striking out "Distribution Regulation (AR

168/98)" and substituting "Distribution Tariff Regulation (AR 84/2000)";

(

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

(c) "owner" means the owner of an electric distribution

system.

3 Sections 2 to 4 are repealed and the following is substituted:

Responsibility for billing after December 31, 2000

2(1) Unless subsection (2) or (4) applies, only retailers may carry

out billing after December 31, 2000.

(2) A retailer and an owner may enter into a contract that

authorizes the owner to carry out on behalf of the retailer the services

related to billing that are specified in the contract.

(3) An owner that carries out services related to billing pursuant

to a contract with a retailer must do so in accordance with the terms of

the contract.

(4) A retailer may authorize an owner to charge customers directly

under the owner's distribution tariff.

(5) An authorization under subsection (4) must not restrict the

manner in which the owner charges customers under its distribution tariff.

Direct charges by owner

3(1) Notwithstanding

section 2(1), where an owner

(

a) establishes a new line or connection for

electricity services, or

(

b) provides a customer, at the customer's request,

with electricity services and not all of the costs of the services are

recoverable from the customer's retailer under the owner's distribution

tariff,

the owner may charge a customer directly for the difference between

(

c) the costs of establishing the line or connection or

of providing the services, and

(

d) the amount of those costs that is recoverable by

the owner from the customer's retailer under the owner's distribution

tariff.

(2) The owner may send an account for the difference referred to in

subsection (1) directly to any of the following:

(

a) a customer purchasing electricity services through

a new line or connection or a retailer or other person purchasing those

services on behalf of the customer;

(

b) a developer of land on which a new line or

connection is established;

(

c) a retailer providing electricity services through a

new line or connection;

(

d) a person requesting

(

i) electricity services through a new line

or connection, or

(ii) electricity services where not all of

the costs of the services are recoverable from a retailer under the owner's

distribution tariff.

Contents of retailer's or owner's account

4 An account prepared by a retailer or an owner for a customer

(

a) must indicate separately the following credits or

charges:

(

i) the amount paid to the owner under the

owner's distribution tariff for the account of the customer, in dollars;

(ii) the franchise fee paid to the owner for

the account of the customer, in dollars;

(iii) the balancing pool credit or charge, in

dollars, allocated to the customer by the balancing pool administrator

appointed under the Balancing Pool Regulation (AR 169/99),

(

b) must specify the period for which each of the

amounts referred to in clause (

a) is calculated, and

(

c) must indicate the name and telephone number of the

owner, or of the wire services provider where the owner has authorized a

wire services provider to act on its behalf, for customer inquiries

relating to distribution access service.

Additional contents of default retailer's account

4.1(1) An account prepared for a customer by a default retailer

pursuant to

section 11 of the Roles, Relationships and Responsibilities

Regulation (AR 86/2000) must, in addition to complying with

section 4,

indicate separately the following credits or charges:

(

a) the charge, in accordance with

section 11(7) and

(8) of the Roles, Relationships and Responsibilities Regulation (AR

86/2000), for electric energy for the account of the customer, in cents per

kilowatt hour and dollars;

(

b) other credits or charges made by the default

retailer for the account of the customer, including retail charges and

administration charges, in dollars.

(2) A charge referred to in subsection (1)(

a) and a credit or charge

referred to in subsection (1)(

b) may be indicated as one charge or credit

on a customer's account if an explanation of each amount is included in or

provided with the account.

Duty to indicate market transition credit

4.2(1) An account that is prepared for a customer by a retailer

including a default retailer referred to in

section 4.1 must indicate

separately the market transition credit allocated to the customer under

Schedule 11 of the Transportation and Utilities Grants Regulation (AR

355/86), in cents per kilowatt hour and dollars.

(2) A balancing pool credit or charge referred to in

section

4(a)(iii) and a market transition credit may be indicated as one credit or

charge on a customer's account if an explanation of each amount is included

in or provided with the account.

Authority of wire services provider

4.3 A wire services provider that has been authorized to act on

behalf of an owner must carry out all of the functions of the owner under

this Regulation except the functions that the owner intends to carry out

itself.

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

Alberta Regulation 41/2001

Electric Utilities Act

ROLES, RELATIONSHIPS AND RESPONSIBILITIES

AMENDMENT REGULATION

Filed: February 12, 2001

Made by the Minister of Resource Development (M.O. 4/2001) on February 8,

2001 pursuant to

section 31.995(1) of the Electric Utilities Act.

1 The Roles, Relationships and Responsibilities Regulation (AR 86/2000)

is amended by this Regulation.

Section 11 is amended

(

a) by repealing subsections (5), (5.1) and (5.2) and substituting

the following:

(5) A default retailer must not, after it begins to provide

electricity services to a customer as the customer's default retailer under

this section,

(

a) require the customer to provide more than 3

business days' notice requesting the default retailer to discontinue

electricity services to that customer, or

(

b) impose any penalty on a customer that provides the

minimum notice required under clause (

a) for discontinuing electricity

services.

(

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

(7) A charge to a customer for electric energy by a default

retailer on and after January 1, 2001 must be calculated as follows:

(

a) where a customer is metered by an interval meter

and billed on the basis of its hourly consumption, the charge is calculated

by multiplying

(

i) the pool price for an hour,

(ii) the customer's consumption of electric

energy in that hour;

(

b) where a customer is not billed on the basis of its

hourly consumption, the charge is calculated by multiplying

(

i) the average pool price during the

period for which the charge is being imposed, which must be based on an

appropriate load profile in accordance with the settlement system code,

(ii) the customer's consumption of electric

energy during the period for which the charge is being imposed;

(

c) where a customer is billed on the basis of its

consumption in one or more specified periods, such as a peak or off-peak

period, the charge is calculated by multiplying, for each specified period,

(

i) the average pool price for the hours in

the specified period,

(ii) the customer's consumption of electric

energy during the specified period,

and adding the amounts so calculated for all of the

specified periods.

(8) A charge referred to in subsection (7) may include

(

a) a reasonable amount that has been allocated to the

customer for charges referred to in the settlement system code related to

electric energy, including charges for electric distribution system losses

and unaccounted-for energy, and

(

b) a reasonable amount that has been allocated to the

customer for charges established by the Power Pool Council related to the

exchange of electric energy, including charges for power pool uplift and

trading.

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

Alberta Regulation 42/2001

Lloydminster Municipal Amalgamation Act

LLOYDMINSTER CHARTER AMENDMENT REGULATION

Filed: February 13, 2001

Made by the Lieutenant Governor in Council (O.C. 91/2001) on February 12,

2001 pursuant to sections 5 and 9 of the Lloydminster Municipal

Amalgamation Act.

1 The Lloydminster Charter (AR 43/79) is amended by this Regulation.

Section 259.3(1) is repealed and the following is substituted:

259.3(1) The percentages of value applicable to the classes of

property pursuant to

section 259.2 of the Charter are the following:

(

a) NON ARABLE (RANGE) LAND AND IMPROVEMENTS - 50%;

(

b) OTHER AGRICULTURAL LAND AND IMPROVEMENTS - 55%;

(

c) RESIDENTIAL - 70%;

(

d) MULTI-UNIT RESIDENTIAL - 70%;

(

e) SEASONAL RESIDENTIAL - 70%;

(

f) COMMERCIAL AND INDUSTRIAL - 100%;

(

g) ELEVATORS - 75%;

(

h) RAILWAY RIGHTS OF WAY AND PIPELINE - 75%.

3 This Regulation is deemed to have come into force on January 1, 2001.

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

Alberta Regulation 43/2001

Municipal Government Act

MOUNTAIN VIEW REGIONAL WASTE MANAGEMENT

COMMISSION REGULATION

Filed: February 13, 2001

Made by the Lieutenant Governor in Council (O.C. 93/2001) on February 12,

2001 pursuant to

section 602.02 of the Municipal Government Act.

Table of Contents

Establishment 1

Members 2

Services 3

Operating deficits 4

Sale of property 5

Profit and surplus 6

Conditions 7

Coming into force 8

Establishment

1 A regional services commission known as the Mountain View Regional

Waste Management Commission is established.

Members

2 The following municipalities are members of the Commission:

(

a) Town of Olds;

(

b) Town of Sundre;

(

c) Town of Carstairs;

(

d) Town of Didsbury;

(

e) Village of Cremona;

(

f) Mountain View County.

Services

3 The Commission is authorized to provide solid waste management

services.

Operating deficits

4 The Commission may not assume operating deficits that are shown on the

books of any of the member municipalities.

Sale of property

5(1) The Commission may not, without the approval of the Minister, sell

any of its land, buildings or personal property the purchase of which has

been funded wholly or partly by grants from the Government of Alberta.

(2) The Minister may not approve a sale under subsection (1) unless the

Minister is satisfied

(

a) as to the repayment of grants from the Government of Alberta

and outstanding debt associated with that portion of the land, buildings

and personal property to be sold,

(

b) that the sale would not have a significant adverse effect on

the services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surplus

6 Unless otherwise approved by the Minister, the Commission must not

(

a) operate for the purpose of making a profit, or

(

b) distribute any of its surplus to its member municipalities.

Conditions

7 The Minister may make an approval under

section 5 or 6 subject to any

terms or conditions that the Minister considers appropriate.

Coming into force

8 This Regulation comes into force on March 1, 2001.

Document details

CollectionAlberta — Gazette
Citation0228 ii
Typegazette
Volume / chapter0228 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifier19ef6f6186a901133e64448ee91221cf1801c7ee

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