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Section 2(2) is repealed and the following is substituted: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Schedule is repealed and the following is substituted: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