Alberta Gazette — 31 August (ii)

0831 ii

Alberta — Gazette

Alberta Regulation 161/96

Fatality Inquiries Act

FATALITY INQUIRIES AMENDMENT REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 330/96) pursuant to

section 49 of the Fatality Inquiries Act.

1 The Fatality Inquiries Regulation (Alta. Reg. 120/77) is amended by

this Regulation.

Section 7(

b) is amended by striking out "section 27" and substituting

"section 26".

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Alberta Regulation 162/96

Disaster Services Act

GOVERNMENT EMERGENCY PLANNING REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 333/96) pursuant to

section 5 of the Disaster Services Act.

Definitions 1

Responsibilities of Disaster Services Branch 2

Responsibilities of departments 3

Emergency plans of departments 4

Emergency Planning Officer 5

Repeal 6

Expiration 7

Schedule

Definitions

1 In this Regulation,

(a) "department" means

(

i) a department of the government established under

the Government Organization Act, and

(ii) a board, commission or agency that is established

by or under an enactment that is under the administration of a Minister;

(b) "deputy head" means,

(

i) in the case of a department referred to in clause

(a)(i), the deputy minister of the department, and

(ii) in the case of a board, commission or agency

referred to in clause (a)(ii), the chair, managing director or chief

executive officer of the board, commission or agency;

of the Department of Transportation and Utilities;

(d) "government" means the Government of Alberta.

Responsibi-lities of Disaster Services Branch

2(1) The Disaster Services Branch is responsible for the following:

(

a) to prepare, implement and manage a program of emergency

preparedness for Alberta;

(

b) to prepare and implement a plan for the provision of government

resources in emergencies, known as the "Alberta Emergency Plan";

(

c) to promote and co-ordinate the preparation and maintenance of

(

i) the emergency plans of local authorities,

(ii) the emergency plans of departments, and

(iii) other emergency plans that deal with emergencies

affecting the Province of Alberta;

(

d) to establish mutual aid arrangements and to maintain liaison

with

(

i) the departments, agencies and Crown corporations of

the governments of the provinces and of Canada, and

(ii) the state of Montana;

(

e) to prepare and conduct a program of training for employees of

the government and of local authorities and other persons who have duties

under government emergency operations.

(2) Nothing in subsection (1) affects the responsibilities that local

authorities or departments may have in respect of emergency plans under

other legislation.

Responsibi-lities of departments

3 The deputy head of a department must ensure that the department

(

a) prepares and maintains emergency plans that include the

department's functions assigned to it by the Schedule,

(

b) prepares and maintains a business resumption plan to ensure

that the department can provide essential services in emergencies,

(

c) provides, when requested by a local authority, assistance and

advice to enable the local authority to prepare plans to respond to

emergencies, and

(

d) makes available appropriate staff for the preparation and

implementation by the Disaster Services Branch of hazard-specific response

plans.

Emergency plans of departments

4(1) A department's emergency plans must be prepared in consultation with

the Disaster Services Branch.

(2) The deputy head's duty under

section 3(

a) is not met unless the deputy

head of the department approves the department's emergency plans.

(3) After a deputy head approves an emergency plan of the department, the

deputy head must provide the Disaster Services Branch with a copy of the

plan.

Emergency Planning Officer

5(1) The deputy head of each department must appoint a senior member of

the department's staff to be the Emergency Planning Officer of the

department.

(2) An Emergency Planning Officer for a department is responsible for

(

a) establishing and maintaining liaison with the Disaster Services

Branch to facilitate the preparation of emergency plans and arrangements;

(

b) co-ordinating the preparation and maintenance of the

department's emergency plans and arrangements;

(

c) co-ordinating the functions to be discharged by the department

in response to an emergency;

(

d) maintaining a list of public and private resources that the

department could use in responding to an emergency;

(

e) maintaining a familiarity with and ensuring that the department

can carry out its functions under hazard-specific response plans whose

preparation has been co-ordinated by the Disaster Services Branch;

(

f) maintaining a system to ensure that departmental personnel who

are necessary to implement the department's emergency plans are available

and can be contacted on a 24-hour basis;

(

g) ensuring that the department's deputy head is aware of

emergency issues and activities.

Repeal

6 The Emergency Planning Regulations (Alta. Reg. 112/76) are repealed.

Expiration

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

ongoing relevancy and necessity, with the option that it may be re-passed

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

expires on December 31, 1999.

SCHEDULE

FUNCTIONS OF DEPARTMENTS IN EMERGENCIES

1 All departments:

(

a) when an emergency response is co-ordinated from the Government

Emergency Operations Centre, provision of departmental representatives to

the Centre as required by the nature of the emergency;

(

b) where appropriate, provision of liaison officers or on-site

personnel or both to advise and assist local authorities;

(

c) provision to other departments of services, resources and

personnel for emergency operations;

(

d) protection of assets, financial records and other records

maintained by the department;

(

e) accounting of all departmental costs incurred during emergency

operations;

(

f) implementation of department's business resumption plan;

(

g) preparation of a departmental post-emergency report.

2 Advanced Education and Career Development:

(

a) liaison with post-secondary institutions to ensure safety of

students and staff and to arrange for the use of those facilities in

emergency response activities.

3 Agriculture, Food and Rural Development:

(

a) advice and assistance on all agricultural matters;

(

b) provision of veterinary inspection services;

(

c) management of emergency livestock feeding services;

(

d) management of a critical pest infestation response when

designated to do so under the Critical Pest Infestation Response Plan;

(

e) provision of assistance to deal with a foreign animal disease

outbreak;

(

f) provision of damage assessment and restoration of public lands;

(

g) provision of damage and loss appraisals within the capabilities

of the department.

4 Alberta Energy and Utilities Board:

(

a) management of remedial operations related to all problems of

well control, pipeline failures, power interruption or coal mining

operations and, if necessary, assumption of control and conduct of such

operations;

(

b) management, with the assistance of the Department of

Environmental Protection, of pollution problems related to the upstream

petroleum-producing industry;

(

c) management, with the assistance of the Department of

Environmental Protection, of oilspill control and clean-up operations;

(

d) provision of professional expertise in all matters related to

energy sources and energy;

(

e) provision of damage and loss appraisals within the capabilities

of the Board;

(

f) provision of advice, assistance and, if necessary, control of

the distribution of public utilities.

5 Economic Development and Tourism:

(

a) co-ordination of industrial recovery assistance programs;

(

b) provision of language

interpretation services within the

capabilities of the department as coordinated by the Translation Bureau of

the Department of Federal and Intergovernmental Affairs;

(

c) provision of damage and loss appraisals within the capabilities

of the department.

6 Education:

(

a) liaison with school boards to ensure the safety of students and

staff;

(

b) provision of lists of operating schools that may be used in

emergency response activities;

(

c) provision of damage and loss appraisals within the capabilities

of the department.

7 Environmental Protection:

(

a) provision of flood and water-flow forecasting services and

management of flood control operations;

(

b) provision of emergency water supply engineering services;

(

c) provision of technical assistance for ground water, hydrology

and sewage problems;

(

d) provision of emergency personnel, materials and services;

(

e) management of air, water and land pollution monitoring,

reporting and clean-up activities;

(

f) assistance to the Alberta Energy and Utilities Board in the

management of pollution problems related to the upstream

petroleum-producing industry;

(

g) assistance to a critical pest infestation response involving

forested public lands;

(

h) provision of emergency accommodation in parks;

(

i) provision of recreational services for people who have been

evacuated and are staying in emergency accommodation;

(

j) provision of private sector aircraft;

(

k) management of wildfire suppression operations;

(

l) provision of damage and loss appraisals within the capabilities

of the department.

8 Family and Social Services:

(

a) provision of emergency social services;

(

b) continuity of essential treatment and care for those persons

under the care of the department.

9 Federal and Intergovernmental Affairs:

(

b) assistance in liaison with departments of the Government of

Canada;

(

c) provision of

interpretation and translation services.

10 Health:

(

a) continuity of essential treatment and care for hospital

patients;

(

b) in conjunction with regional health authorities:

(

i) provision of mental health contingency planning;

(ii) provision of emergency ambulance services;

(iii) provision of emergency public health services;

(iv) provision of acute care contingency planning;

(

v) provision of food inspection services.

11 Justice:

(

a) provision of legal advice and assistance to government

emergency operations officials;

(

b) provision of medical examiner services;

(

c) provision of continuing and emergency police services;

(

d) maintenance of the court system;

(

e) continuity of protective measures for correctional institution

inmates and co-ordination of the use of manpower from those institutions.

12 Labour:

(

a) provision of advice and information on organizations having the

capability to make recommendations and conduct inspections of damaged

buildings and damaged gas, boiler, electrical, fire and elevator systems;

(

b) co-ordination of fire-fighting organizations of local

authorities;

(

c) provision of advice, assistance and response to radiation

emergencies in co-ordination with the Atomic Energy Control Board;

(

d) provision of occupational health and safety advice for workers

employed at emergency sites.

13 Municipal Affairs:

(

a) facilitate liason with local authorities and, if required,

recommend the appointment of an official administrator to act as council;

(

b) co-ordination and identification of available emergency

accommodation;

(

c) provision of damage and loss appraisals within the capabilities

of the department.

14 Personnel Administration Office:

(

a) assistance in seconding government employees to emergency

response organizations or activities.

15 Public Affairs Bureau:

(

a) provision, in conjunction with involved departments, of a

co-ordinated public affairs plan for the government response to an

emergency.

16 Public Works, Supply and Services:

(

a) provision of working accommodation in government-owned or

leased space for government emergency response personnel;

(

b) provision of emergency purchasing services;

(

c) provision of aircraft from government or private sector charter

sources;

(

d) provision and control of government voice, data and radio

networks and services;

(

e) provision of assistance for the telecommunication requirements

of government emergency response activities;

(

f) provision of damage and loss appraisals within the capabilities

of the department.

17 Transportation and Utilities:

(

a) control of transport on roads under provincial control;

(

b) completion of emergency repairs to, or construction of, roads,

bridges, airports, dikes and levees under provincial control;

(

c) provision of emergency transport, heavy equipment and mobile

communication resources;

(

d) provision of damage and loss appraisals within the capabilities

of the department;

(

e) Disaster Services Branch:

(

i) co-ordination of the government response to

emergencies;

(ii) provision of the Alberta Emergency Public Warning

System;

(iii) provision of recommendations to government

regarding a declaration of a state of emergency;

(iv) activation and operation of the Government

Emergency Operations Centre if required;

emergency resources, except for that assistance required for forest fire

fighting or in a situation in which a police agency has primary

jurisdiction;

(vi) preparation, co-ordination and distribution of

government situation reports;

(vii) collection, collation and analysis of government

emergency operations costs;

(viii) provision of recommendations to the

government regarding assistance to citizens or municipalities affected by

an emergency, and the sharing of costs;

(ix) development, validation and revision of government

emergency response plans.

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Alberta Regulation 163/96

Hospitals Act

CROWN'S RIGHT OF RECOVERY REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 338/96) pursuant to

section 102(1) of the Hospitals Act.

Definitions 1

Exception to Crown's right of recovery 2

Calculation of pre-judgment interest 3

Payments to legal counsel 4

Payments to others 5

Expiry 6

Definitions

1 The

definitions in sections 1 and 80 of the Act apply to this

Regulation.

Exception to Crown's right of recovery

2(1) The Crown's right of recovery does not arise if

(

a) the beneficiary suffers injuries as a result of a wrongful act

or omission of a wrongdoer who is the spouse or a relative of the

beneficiary, and

(

b) the beneficiary has neither commenced an action against nor

entered into a settlement with the spouse or relative that is based on the

wrongful act or omission.

(2) In this section,

(a) "common law marriage" means a relationship between 2 people of

the opposite sex who although not legally married to each other have

(

i) lived and cohabited as husband and wife during the

5 years before the wrongful act or omission, or

(ii) lived and cohabited as husband and wife during the

2 years before the wrongful act or omission and there is a child of the

relationship;

(b) "relative" means a relative by blood or by marriage, including

a common law marriage;

Calculation of pre-judgment interest

3(1) For the purposes of

section 85 of the Act, the interest to be awarded

is the sum of

(

a) the amounts of interest calculated under subsection (2) for

each full calendar month after the Crown's right of recovery arises, up to

the month in which the judgment is granted, and

(

b) the amount of interest calculated under subsection (3) for the

month in which the judgment is granted.

(2) The amount of interest for a month, other than the month in which the

judgment is granted, is calculated in accordance with the formula:

Amount of Interest for Month = A x B x 1/12

(3) The amount of interest for the month in which the judgment is granted

is calculated in accordance with the formula:

(4) The variables for the formulas in subsections (2) and (3) are as

follows:

A is the total of the Crown's cost of health services that have been

provided to the beneficiary prior to the month;

B is the rate of interest for pecuniary damages that is established

under

Part 1 of the Judgment Interest Act for the year in which the month

occurs;

C is the number of the days in the month up to and including the day

the judgment is granted.

Payments to legal counsel

4(1) The maximum amounts payable to legal counsel who act for the

beneficiary and for the Crown in a claim that is based on the Crown's right

of recovery are

(a) 15% of the first $500 that is payable to the Crown under a

judgment or settlement, excluding reasonable disbursements, and 10% on the

remainder of the amount payable to the Crown, excluding reasonable

disbursements, and

(

b) reasonable disbursements directly related to the Crown's claim.

(2) The amounts payable to legal counsel who act only for the Crown in a

claim that is based on the Crown's right of recovery are the reasonable

fees, costs and disbursements payable under an agreement entered into by

the Director and legal counsel.

(3) If the act or omission of a wrongdoer that gives rise to the Crown's

right of recovery occurs in a jurisdiction outside of Alberta and legal

counsel from that jurisdiction is hired to act for the Crown, the amounts

payable to the legal counsel are the fees, costs and disbursements that are

reasonable in that jurisdiction and that are payable under an agreement

entered into by the Director and legal counsel.

Payments to others

5 The amounts payable to physicians, private investigators, experts and

others hired by the Crown for the purposes of the Crown's right of recovery

are the amounts approved by the Director.

Expiry

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

ongoing relevancy and necessity, with the option that it may be re-passed

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

expires on July 31, 2001.

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Alberta Regulation 164/96

Regional Health Authorities Act

PROVINCIAL MENTAL HEALTH BOARD AMENDMENT REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 339/96) pursuant to

section 17 of the Regional Health Authorities Act.

1 The Provincial Mental Health Board Regulation (Alta. Reg. 286/94) is

amended by this Regulation.

2 The title of the Regulation is amended by adding "ADVISORY" after

"HEALTH".

Section 1 is amended by striking out "Board established" and

substituting "Advisory Board continued".

Section 2(1) is repealed and the following is substituted:

Board continued

2(1) The provincial health board with the name "Provincial Mental

Health Board" is hereby continued as a provincial health board under the

name "Provincial Mental Health Advisory Board".

Section 3 is amended

(

a) by striking out "has the following purposes, which it shall

carry out" and substituting "is to act in an advisory capacity to the

Minister and carry out the following purposes";

(

b) by repealing clause (h).

6 The following is added after

section 3:

Prior approval

3.1 The Board must obtain the approval of the Minister before

carrying out the following:

(

a) making a change to an existing program or service

provided by the Board;

(

b) terminating a program or service provided by the

Board;

(

c) starting a new program or service;

(

d) allocating resources for the provision of mental

health services.

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Alberta Regulation 165/96

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 341/96) pursuant to

sections 16, 17 and 18 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (Alta. Reg.

398/94) is amended by this Regulation.

Section 2(1) is amended by striking out "Alberta Educational

Communications Corporation Act".

3 The following is added after

section 10:

11(1) The responsibility for the following enactments is transferred

to the Honourable Stockwell Day:

(

a) Constitution of Alberta Amendment Act, 1990;

(

b) Metis Settlements Act;

(

c) Metis Settlements Accord Implementation Act;

(

d) Metis Settlements Land Protection Act.

(2) The responsibility for that part of the public service employed

in the Metis Settlements Transition Commission and the Metis Settlements

Appeal Tribunal is transferred to the Minister of Family and Social

Services.

12(1) The responsibility for the following enactments is transferred

to the Minister of Community Development:

(

a) Alcohol and Drug Abuse Act;

(

b) Seniors Advisory Council for Alberta Act;

(

c) Wild Rose Foundation Act.

(2) The responsibility for that part of the public service directly

employed in the administration of the enactments referred to in subsection

(1) is transferred to the Minister of Community Development.

(3) The responsibility for the administration of the unexpended

balance of element 1.2.3 Seniors Advisory Council of program 1 -

Departmental Support Services and the unexpended balance of program 4

-Assistance to the Alberta Alcohol and Drug Abuse Commission of the

operating expense supply vote of the 1996-97 Government appropriation for

Health is transferred to the Minister of Community Development.

13(1) The responsibility for that part of the public service

directly employed in the administration of the Premier's Council on the

Status of Persons with Disabilities Act is transferred to the Minister of

Health.

(2) The responsibility for the administration of the unexpended

balance of program 4 - Premier's Council on the Status of Persons with

Disabilities of the operating expense supply vote of the 1996-97

Government appropriation for Education is transferred to the Minister of

Health.

14 The responsibility for that part of the public service employed

in the Racing, Gaming and Liquor Commissions and the responsibility for the

administration of the unexpended balance of program 6 - Racing, Gaming and

Liquor Commissions of the operating expense supply vote of the 1996-97

Government appropriation for Transportation and Utilities is transferred to

the Minister of Economic Development and Tourism.

15 The Honourable Dr. Stephen West is designated as the Minister

responsible for the Gaming and Liquor Act.

16 The Minister of Economic Development and Tourism is designated

as the Minister responsible for the Alberta Economic Development Authority

Act.

17 The Minister of Family and Social Services is designated as the

Minister responsible for the Persons with Developmental Disabilities

Foundation Act.

4(1) The Justice Administrative Transfer Order (Alta. Reg. 13/93) is

amended in

section 1(1) by adding the following after clause (hhh):

(iii) Motor Vehicle Accident Claims Act, except for sections 2(2) and

(3), 3, 4 and 5(5) and (7);

(2) The Family and Social Services Administrative Transfer Order No. 2

(Alta. Reg. 148/89) is amended by repealing sections 2 and 3.

(3) The Metis Administrative Transfer Order (Alta. Reg. 396/92) is

repealed.

(4) The Reorganization Administrative Transfer Order (Alta. Reg. 200/93)

is amended by repealing sections 2, 6 and 7.

(5) The Seniors, Family and Social Services Administrative Transfer Order

(Alta. Reg. 289/91) is amended by repealing

section 4.

(6) The Liquor Control Administration Transfer Order (Alta. Reg. 395/92)

is amended by repealing

section 1(a).

(7) The Alberta Lotteries, Gaming and Racing Administrative Transfer Order

(Alta. Reg. 323/94) is amended by striking out

section 1(5).

(8) The Community Development Administrative Transfer Order (Alta. Reg.

392/92) is amended by repealing

section 1(1)(

c) and (f).

(9) The Economic Development and Tourism Administrative Transfer Order

(Alta. Reg. 393/92) is amended by repealing sections 1(1)(

b) and (e),

2(1)(a), 2(2), 3(1)(a), (d), (

e) and 3(2).

(10) The Consumer and Registry Services Administrative Transfer Order

(Alta. Reg. 97/93) is amended in

section 1(1) by striking out "Fuel Oil

Licensing Act" and by striking out "Mortgage Brokers Regulation Act" and by

striking out "Real Estate Agent's Licensing Act".

(11) The Financial Institutions Administrative Transfer Order, No. 1

(Alta. Reg. 206/86) is amended by repealing

section 1(

b) to (d).

Alberta Regulation 166/96

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 342/96) pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (Alta. Reg.

398/94) is amended by this Regulation.

2 The following is added after

section 10:

11(1) The responsibility for

section 52(4) and (5) of the

Universities Act is transferred to the Minister of Agriculture, Food and

Rural Development.

(2) The powers, duties and functions of a minister contained in the

Regulations for Housing, Care and Treatment of Animals used for Biological

or Medical Purposes (Alta. Reg. 333/72) are transferred to the Minister of

Agriculture, Food and Rural Development.

3 The Advanced Education and Career Development Administrative Transfer

Order (Alta. Reg. 391/92) is amended by repealing sections 1(1)(

d) and

2(1)(b).

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

Alberta Regulation 167/96

Environmental Protection and Enhancement Act

CONSERVATION AND RECLAMATION AMENDMENT REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 343/96) pursuant to

section 132 of the Environmental Protection and Enhancement Act.

1 The Conservation and Reclamation Regulation (Alta. Reg. 115/93) is

amended by this Regulation.

2 Sections 1 to 7 are repealed and the following is substituted:

Definitions

1 In this Regulation, and, in the case of clause (t), for the

purposes of

Part 5 of the Act,

(a) "Act" means the Environmental Protection and

Enhancement Act;

(b) "battery" means a system or arrangement of tanks or

other surface equipment, together with associated infrastructure, for

receiving or holding the effluent of one or more wells;

includes manufactured chars, cokes and any manufactured solid coal product

that is used or useful as a reductant or energy source or for conversion

into a reductant or energy source;

(d) "Director" means the person designated by

Ministerial Order as Director for the purposes of this Regulation;

(e) "equivalent land capability" means that the ability

of the land to support various land uses after conservation and reclamation

is similar to the ability that existed prior to an activity being conducted

on the land, but that the individual land uses will not necessarily be

identical;

(f) "exploration operation" means any investigation,

work or act to determine the presence of coal or oil sands by test

drilling, excavation or other means that results in surface disturbance or

that may cause an adverse effect, but excludes any exploration operation

that is the subject of a permit, licence or approval under the Exploration

Regulation (Alta. Reg. 32/90);

(g) "Green Area" means that part of Alberta shown

outlined and coloured green on the map annexed to

(

i) a Ministerial Order dated April 15,

1989 and made pursuant to

section 10 of the Public Lands Act, as that order

is amended from time to time, or

(ii) any order made in substitution for that

order, as amended from time to time;

(h) "information document" means any document issued by

the Director that provides direction and guidance on matters respecting

conservation and reclamation;

(i) "inspector" means a person who is an inspector by

reason of the operation of

section 23(3)(

a) or (

c) of the Act;

(j) "land" means terrestrial, semi-aquatic and aquatic

landscapes when the term is used in the

definitions of "land capability"

and "equivalent land capability";

(k) "land capability" means the ability of land to

support a given land use, based on an evaluation of the physical, chemical

and biological characteristics of the land, including topography, drainage,

hydrology, soils and vegetation;

(l) "oil production site" means the field production

facilities for recovering oil or oil sands by drilling or other in-situ

recovery methods, including any injection or pumping facilities and any

associated infrastructure, where the site is located within the area

illustrated in the guideline entitled Guide for Oil Production Sites

published by the Department;

(m) "peat" means a material composed almost entirely of

organic matter from the partial decomposition of plants growing in wet

conditions;

(n) "peat operation" means any opening or excavation

in, or working of, the surface or subsurface of the ground for the purpose

of working, recovering, opening up or proving any peat or peaty substance,

and includes any associated infrastructure connected with the peat

operation;

(o) "plant" means all buildings, structures, process

equipment, pipelines, vessels, storage and material handling facilities,

roadways and other installations used in and for any activity listed in

section 2 of the

Schedule of Activities in the Act, including the land that

is used in or for the activity;

(p) "public land" means land of the Crown in right of

Alberta to which the Public Lands Act applies;

(q) "railway" means the right-of-way and the developed

infrastructure that is being or has been used or held for or in connection

with railway purposes after August 15, 1978, including, but not limited to,

the rail bed, main lines, branches, extensions, sidings, station grounds,

yards, other tracks, bridges, tunnels, trestles, culverts, ditches, road

crossings and other structures;

(r) "roadway" means a highway or road as defined in the

Public Highways Development Act;

(s) "soil" means the unconsolidated, mineral or organic

material at the surface of the earth that serves as a medium for plant

growth;

(t) "specified land" means land that is being or has

been used or held for or in connection with

(

i) the construction, operation or

reclamation of a well, oil production site or battery;

(ii) the construction, operation or

reclamation of a pipeline, telecommunication system or transmission line;

(iii) the construction, operation or

reclamation of a mine, pit, quarry or peat operation;

(iv) the construction or reclamation of a

roadway;

(

v) the conduct or reclamation of an

exploration operation for coal or oil sands;

(vi) the reclamation of a railway;

(vii) the construction, operation or

reclamation of a plant;

(u) "telecommunication system" means the towers,

buildings, access roads, camps and other facilities on the surface of the

land associated with an interprovincial or international communication

system, but does not include a telecommunication system or part of a system

located in a city, town, new town, village, summer village or specialized

municipality;

(v) "White Area" means that part of Alberta shown

outlined and coloured white on the map annexed to

(

i) a Ministerial Order dated April 5, 1989

and made pursuant to

section 10 of the Public Lands Act, as that order is

amended from time to time, or

(ii) any order made in substitution for that

order, as amended from time to time.

Division 1

Conservation and Reclamation

Objective

2 The objective of conservation and reclamation of specified land

is to return the specified land to an equivalent land capability.

Standards

3(1) The Director may establish standards and criteria for

conservation and reclamation of specified land and develop and release

information documents respecting those standards and criteria.

(2) An operator must conserve and reclaim

(

a) specified land that is being or has been used or

held for or in connection with the construction, operation or reclamation

of an oil production site in accordance with the Code of Practice for Oil

Production Sites published by the Department, and

(

b) specified land that is being or has been used or

held for or in connection with the conduct or reclamation of an exploration

operation for coal or oil sands in accordance with the Code of Practice for

Exploration Operations published by the Department.

Jurisdiction of local authority inspectors

4(1) An inspector designated as an inspector pursuant to

section

23(3)(

c) of the Act

(

a) may only act in cases involving land that is in the

municipality of the local authority that employs him, to which he is under

contract or for which he is an agent, and

(

b) may not be a member of the council of the local

authority that employs him, to which he is under contract or for which he

is an agent, where the local authority is a city, town, village, summer

village, municipal district, specialized municipality, county or a

settlement under the Metis Settlements Act.

(2) A local authority must notify the Director in writing of the

suspension or termination of employment of a person designated as an

inspector under

section 23(3)(

c) of the Act.

Guidelines, remuneration

5 The Director shall, in consultation with local authorities, set

guidelines for the role and qualifications of inspectors designated

pursuant to

section 23(3)(

c) of the Act and determine the remuneration and

expenses to be paid to them.

When inquiry conducted

6(1) A reclamation inquiry must be conducted in respect of specified

land

(

a) when, in the Director's opinion, a complete and

accurate application for a reclamation certificate has been received by the

Director, or

(

b) when a reclamation certificate has been issued but

section 127(1) of the Act applies.

(2) Notwithstanding subsection (1), a reclamation inquiry need not

be conducted where the Director receives an application for a reclamation

certificate in respect of specified land that is being or has been used or

held for or in connection with the construction, operation or reclamation

of a well in the Green Area.

(3) The Director may not cancel a reclamation certificate under the

authority of

section 124(1)(b.1) of the Act without first conducting a

reclamation inquiry.

Section 8 is amended

(

a) in subsection (1) by adding "by one or more inspectors" after

"conducted";

(

b) in subsections (2), (4) and (6) by striking out "A conservation

and reclamation inspector" and substituting "An inspector";

(

c) in subsection (5) by striking out "a conservation and

reclamation inspector" and substituting "an inspector";

(

d) in subsection (7) by striking out "conservation and

reclamation" and by striking out "that date" and substituting "the

different date".

Section 9 is amended

(

a) in clause (

a) by striking "contamination,";

(

b) by striking out "and" at the end of clause (a), by adding "and"

at the end of clause (

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

(

c) apply for and obtain a reclamation certificate

within the time prescribed by the Director.

Section 10 is amended by striking out "a conservation and reclamation"

and substituting "an".

Section 12 is amended

(

a) by repealing subsection (1)(

f) and substituting the following:

(

f) a declaration that the operator has complied with

applicable approval, environmental protection order or enforcement order,

(ii) the directions of an inspector or the

Director, and

(iii) any applicable standards and criteria

established under

section 3(1);

(

b) by repealing subsection (3).

Section 13 is amended by striking out "A conservation and reclamation"

and substituting "An".

Section 14 is repealed and the following is substituted:

Incomplete conservation and reclamation

14 Where an inspector is of the opinion that specified land has not

been conserved and reclaimed in accordance with

section 122 of the Act and

this Regulation, the inspector may do one or more of the following:

(

a) provide further direction respecting conservation

and reclamation;

(

b) specify an additional waiting period to allow for a

further evaluation of the conservation and reclamation;

(

c) issue an environmental protection order regarding

conservation and reclamation in accordance with

section 125 of the Act;

(

d) return an application for a reclamation

certificate.

Section 15 is amended

(

a) in subsection (1)

(

i) by striking out "section 1(w)(

i) to (vi) or (viii)"

and substituting "section 1(t)(

i) to (vi)";

(ii) by repealing clause (

b) and substituting the

following:

(

b) after the date of the reclamation

certificate, in the case of an activity listed in Division 3 of

Schedule 1

of the Activities Designation Regulation.

(

b) in subsection (2) by striking out "section 1(w)(vii)" and

substituting "section 1(t)(vii)".

10 The following is added after

section 15:

Reclamation certificate not required

15.1(1) Operators are exempt from the requirement of

section

122(1)(

b) of the Act with respect to a particular activity on or in respect

of specified land

(

a) where that activity is

(

i) a pipeline that is a rural gas utility

as defined in the Rural Gas Act,

(ii) a pipeline that is less than 15 cm in

diameter and is ploughed into the ground,

(iii) a railway that was abandoned prior to

September 1, 1993, or

(iv) an exploration operation or

transmission line that is located in a road allowance,

(

b) where, in the opinion of the Director, that

activity changes so that the land becomes a different kind of specified

land.

(2) Subsection (1)(

b) does not exempt the operator from the

requirement to obtain a reclamation certificate with respect to any part of

the specified land that is not exempted under subsection (1)(b).

11 The following is added after

section 17:

Exemption from security

17.1 The following operators are not required to provide security:

(

a) an operator that is a local authority;

(

b) an operator that applies for an approval for the

construction of a pipeline.

Section 18 is amended by adding the following after subsection (2):

(3) Notwithstanding subsection (1), where land is disturbed after

September 1, 1993 pursuant to a development and reclamation approval issued

under the Land Surface Conservation and Reclamation Act, the amount of the

security that is required shall be determined in accordance with the

relevant provisions of that Act and regulations.

13 The

Schedule is repealed.

14 This Regulation comes into force on September 1, 1996.

Alberta Regulation 168/96

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 348/96) pursuant to

section 41 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (Alta. Reg. 233/89) is amended by this

Regulation.

2 Forms 1 and 2 of

Schedule 1 are amended by striking out "Liquor Control

Act" wherever it occurs and substituting "Gaming and Liquor Act".

Part 5.2 of

Schedule 2 is repealed and the following is substituted:

PART 5.2

REGULATIONS UNDER THE

GAMING AND LIQUOR ACT

GAMING AND LIQUOR REGULATION

1 The specified penalty payable in respect of a contravention of a

provision of the Gaming and Liquor Regulation (Alta. Reg. 143/96) shown in

Column 1 is the amount shown in Column 2 in respect of that provision.

2 An "X" in Column 3 indicates that proceedings in respect of the offence

may be commenced by a violation ticket issued under either

Part 2 or

Part 3

of the Provincial Offences Procedure Act.

Column 1 Column 2 Column 3

Item (Section (Specified (Part 2/Part 3

Number Number of Penalty in Violation

Regulation) Dollars) Ticket)

1 87.1(2) 100 X

2 91 200

Alberta Regulation 169/96

Pharmaceutical Profession Act

PHARMACEUTICAL PROFESSION AMENDMENT REGULATION

Filed: August 14, 1996

Approved by the Lieutenant Governor in Council (O.C. 349/96) pursuant to

section 90 of the Pharmaceutical Profession Act.

1 The Pharmaceutical Profession Regulation (Alta. Reg. 322/94) is amended

by this Regulation.

2 Sections 8(5)(

b) and 10(5)(

b) are repealed and the following is

substituted:

(

b) at the end of June in each year,

Section 34(3) is amended

(

a) by adding "previously" after "Unless it is";

(

b) by striking out "December 31 of the year for which it was

issued or renewed" and substituting "its expiry, which is at the end of

June in each year".

4 This Regulation comes into force on January 1, 1997.

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

Alberta Regulation 170/96

Collection Practices Act

COLLECTION PRACTICES AMENDMENT REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 350/96) pursuant to

section 26 of the Collection Practices Act.

1(1) The Collection Practices Regulation (Alta. Reg. 77/79) is amended by

this section.

(2) Schedule 1 is repealed and the

Schedule set out in this Regulation is

substituted as

Schedule 1.

SCHEDULE

Surety Bond

(Bond must be issued by an Insurance or Surety Company licensed to carry on

business in the Province of Alberta)

Bond #

This Bond is required for the issuance of a licence.

I/We, (Name of individual, partnership or corporation) (the

"Principal") of (Address) , Alberta, operating as (Trade name if

applicable) , and (the "Surety") (Name of Surety) of (Address)

are held firmly bound unto her Majesty the Queen in Right of the Province

of Alberta as represented by the Minister responsible for Alberta Municipal

Affairs (the "Obligee") in the penal sum of (Written amount) DOLLARS $

(Number of amount) of lawful money of Canada. The Principal and Surety

jointly and severally bind ourselves, our heirs, executors, administrators,

successors and assigns by this document.

CONDITIONS

1. The Principal is applying to the Obligee for a licence or a

registration under any Act or Regulation as a person who is entitled to

carry on a business to which the Acts or Regulations apply.

2. The Principal will have the following obligations:

(

a) to fulfill, execute, observe and comply with all the terms,

conditions and requirements of the Act and Regulation that applies to the

Principal's business. This includes any subsequent amendments or

replacement of the Acts or Regulations.

(

b) to comply with the provisions of all the contracts and

agreements referenced in the applicable Act or Regulations, and

(

c) to indemnify and save harmless, pay and make good to all

persons, as directed by the applicable legislation, any and all loss or

damage suffered or sustained directly from any fraud, breach of trust,

misrepresentation, theft, conversion, negligence or default with regard to

goods or services sold or any money collected with respect to any contract

(or agreement) made in the conduct of the Principal's business. The

Principal must duly account to any person for all monies collected for or

on behalf of such person.

3. This bond shall be forfeited in accordance with the procedures set

out in the applicable Act and the applicable Regulation.

4. If the Surety intends to put an end to this suretyship, it must

provide both the Principal and the Obligee with three calendar months prior

written notice of such intention. The Surety's responsibilities cease on

the last day of the three month notice period, except in respect to any

default by the Principal, in complying with any obligation prior to the end

of the three month notice period.

5. The obligee may order the forfeit of the bond for any default by the

Principal within two years of the end of the three month notice period.

SIGNED AND SEALED this day of , 19 .

Signature of the Principal

Seal

Signature of the Surety

Seal

Signed in the presence of

Witness (if seal is not used)

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

Alberta Regulation 171/96

Direct Sales Cancellation Act

DIRECT SALES CANCELLATION REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 351/96) pursuant to

section 2 of the Direct Sales Cancellation Act.

Act not applicable

1 The Direct Sales Cancellation Act does not apply to the following:

(

a) sales contracts in respect of the services of a real estate

broker or mortgage broker authorized under the Real Estate Act;

(

b) sales contracts in respect of nursery stock if the seller is

licensed under the Direct Selling Business Licensing Regulation (Alta. Reg.

315/82);

(

c) contracts for the furnishing of instruction at a school to

which the Private Vocational Schools Act applies.

Repeal

2 The General Regulation (Alta. Reg. 130/85) is repealed.

Coming into force

3 This Regulation comes into force on November 1, 1996.

Expiry

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

ongoing relevancy and necessity, with the option that it may be re-passed

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

expires on November 1, 2001.

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

Alberta Regulation 172/96

Residential Tenancies Act

RESIDENTIAL TENANCIES EXEMPTION AMENDMENT REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 355/96) pursuant to

section 51 of the Residential Tenancies Act.

1 The Residential Tenancies Exemption Regulation (Alta. Reg. 227/92) is

amended by this Regulation.

Section 2(3) is amended by striking out "1996" and substituting "1997".

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

Alberta Regulation 173/96

Gaming and Liquor Act

GAMING AND LIQUOR AMENDMENT REGULATION

Filed: August 14, 1996

Made by the Lieutenant Governor in Council (O.C. 357/96) pursuant to

section 126 of the Gaming and Liquor Act.

1 The Gaming and Liquor Regulation (Alta. Reg. 143/96) is amended by this

Regulation.

Section 16 is amended by adding "87.1," after "82,".

3 The following is added after

section 87:

Transportation of liquor

87.1(1) Liquor may be transported under

section 80 of the Act only

in accordance with this section.

(2) Except as otherwise provided for in the Act or in a liquor

licence, no person may

(

a) transport liquor unless the liquor is in a

container that is capped, corked or otherwise closed, whether or not the

container has been previously opened;

(

b) transport liquor in a vehicle if the liquor is

within easy access of an occupant of the vehicle.

Consumption in vehicles

87.2 Consumption of liquor in a vehicle is prohibited by

section 81

of the Act.

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

Alberta Regulation 174/96

Co-operative Associations Act

FORMS REPEAL REGULATION

Filed: August 14, 1996

Made by the Minister of Municipal Affairs (M.O. H:072/96) pursuant to

section 70(2) of the Co-operative Assocations Act.

1 The Forms Regulation (Alta. Reg. 519/81) is repealed.

Alberta Regulation 175/96

Charitable Fund-raising Act

Licensing of Trades and Businesses Act

CHARITABLE FUND-RAISING AMENDMENT REGULATION

Filed: August 14, 1996

Made by the Minister of Municipal Affairs (M.O. H:068/96) pursuant to

section 4 of the Licensing of Trades and Businesses Act and

section 53 of

the Charitable Fund-raising Act.

1(1) The Charitable Fund-raising Regulation (Alta. Reg. 95/95) is amended

by this section.

(2) Section 10(1)(

b) is repealed and the following is substituted:

(

b) a bond in the form set out in

Schedule 1, and

(3) The

Schedule set out in this Regulation is added as

Schedule 1.

2 The Surety Bond for Charitable Promotions Business Regulation (Alta.

Reg. 8/90) is repealed.