Alberta Gazette — 15 February 2020 (Part II)
15 February 2020
Alberta — Gazette
Alberta Regulation 3/2020
Apprenticeship and Industry Training Act
HAIRSTYLIST TRADE REGULATION
Filed: January 17, 2020
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on September 27, 2019 and approved by the Minister of Advanced Education
on January 8, 2020 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
Table of Contents
Definitions
Part 1
General Matters Respecting the Trade
2 Constitution of the trade
3 Tasks, activities and functions
4 Supervision of apprentices, etc.
Part 2
Hairstylist Branch of the Trade
Trade Matters Respecting the Branch
5 Undertakings constituting the branch
6 Tasks, activities and functions
7 Term of the apprenticeship program
8 Employment of apprentices
Part 3
Barber Branch of the Trade
Trade Matters Respecting the Branch
9 Undertakings constituting the branch
10 Tasks, activities and functions
11 Term of the apprenticeship program
12 Employment of apprentices
Transitional Provisions, Repeal
and Coming into Force
13 Transitional re certified journeypersons
14 Transitional re barbers and beauticians
15 Transitional re apprentices
16 Repeal
17 Coming into force
Definitions
1 In this Regulation,
(a) "apprentice" means a person who is an apprentice in the
trade;
(b) "certified journeyperson" means a certified journeyperson as
defined in the Apprenticeship Program Regulation
(AR 258/2000);
(c) "hair" means the hair on a human head and includes
(
i) beards,
(ii) mustaches,
(iii) wigs, and
(iv) hairpieces;
(d) "technical training" means technical training as defined in the
Apprenticeship Program Regulation (AR 258/2000);
(e) "trade" means the occupation of hairstylist that is designated
as a compulsory certification trade pursuant to the
Apprenticeship and Industry Training Act.
Part 1
General Matters Respecting
the Trade
Constitution of the trade
2(1) The undertakings set out in sections 5 and 9 constitute the trade.
(2) The trade is made up of the following:
(
a) the hairstylist branch of the trade;
(
b) the barber branch of the trade.
Tasks, activities and functions
3 When practising or otherwise carrying out work in the trade, the
tasks, activities and functions set out in sections 6 and 10 come within
the trade.
Supervision of apprentices, etc.
4(1) Where, in respect of a branch of the trade, a person is a certified
journeyperson and is to provide supervision to an apprentice, that
journeyperson is eligible to supervise that apprentice only
(
a) in respect of the undertakings that constitute the branch for
which that person is a certified journeyperson, and
(
b) in respect of tasks, activities and functions that come within
the branch for which that person is a certified journeyperson.
(2) Where a person is an apprentice in an apprenticeship program in a
branch of the trade and is employed in respect of another branch of the
trade, that apprentice is eligible to carry out work only
(
a) in respect of the undertakings that constitute the branch for
which that person is an apprentice, and
(
b) in respect of tasks, activities and functions that come within
the branch for which that person is an apprentice.
Part 2
Hairstylist Branch of the Trade
Trade Matters Respecting the Branch
Undertakings constituting the branch
5 The undertakings that constitute the hairstylist branch of the trade
are
(
a) cutting, shaving and trimming of hair,
(
b) waving, curling and straightening of hair,
(
c) altering the natural colour of hair,
(
d) styling of hair,
(
e) facial and scalp treatment and massage, and
(
f) servicing of wigs and hairpieces.
Tasks, activities and functions
6 When practising or otherwise carrying out work in the hairstylist
branch of the trade, the following tasks, activities and functions come
within that branch of the trade:
(
a) using hand and power-operated equipment in respect of hair;
(
b) using rinses, tints, bleaches, heat and chemicals in respect of
hair;
(
c) testing and analyzing the hair and scalp for treatment;
(
d) cleansing and conditioning the hair and scalp;
(
e) using hand manipulation in respect of scalp treatments;
(
f) applying make-up.
Term of the apprenticeship program
7(1) Subject to credit for previous training or experience being
granted pursuant to an order of the Board, the term of an
apprenticeship program for the hairstylist branch of the trade is
2 periods of not less than 12 months each.
(2) In the first period of the apprenticeship program an apprentice
must acquire not less than 1450 hours of on-the-job training and
successfully complete the technical training that is required or
approved by the Board.
(3) In the 2nd period of the apprenticeship program an apprentice
must acquire not less than 1450 hours of on-the-job training and
successfully complete the technical training that is required or
approved by the Board.
Employment of apprentices
8(1) Where, with respect to the employment of apprentices in the
hairstylist branch of the trade, a person employs an apprentice, that
employment must be carried out in accordance with this section.
(2) A person who is a certified journeyperson in the hairstylist branch
of the trade or employs a certified journeyperson in the hairstylist
branch of the trade may employ
(a) 2 apprentices in the hairstylist branch of the trade, and
(b) 2 additional apprentices in the hairstylist branch of the trade
for each additional certified journeyperson in the hairstylist
branch of the trade that is employed by that person.
(3) For the purposes of subsection (2), a person who is a certified
journeyperson in the hairstylist branch of the trade or employs a
certified journeyperson in the hairstylist branch of the trade, instead of
employing an apprentice in an apprenticeship program in the hairstylist
branch of the trade, may employ an apprentice in an apprenticeship
program in the barber branch of the trade to carry out any of the
undertakings that constitute the barber branch of the trade.
Part 3
Barber Branch of the Trade
Trade Matters Respecting the Branch
Undertakings constituting the branch
9 The undertakings that constitute the barber branch of the trade are
the cutting, shaving and trimming of hair.
Tasks, activities and functions
10 When practising or otherwise carrying out work in the barber
branch of the trade, the following tasks, activities and functions come
within that branch of the trade:
(
a) using hand and power-operated equipment in respect of hair;
(
b) testing and analyzing the hair and scalp for treatment;
(
c) cleansing and conditioning the hair and scalp;
(
d) using hand manipulation in respect of scalp treatments.
Term of the apprenticeship program
11(1) Subject to credit for previous training or experience being
granted pursuant to an order of the Board, the term of an
apprenticeship program for the barber branch of the trade is one period
of not less than 12 months.
(2) In the period of the apprenticeship program the apprentice must
acquire not less than 1450 hours of on-the-job training and
successfully complete the technical training that is required or
approved by the Board.
Employment of apprentices
12(1) Where, with respect to the employment of apprentices in the
barber branch of the trade, a person employs an apprentice, that
employment must be carried out in accordance with this section.
(2) A person who is a certified journeyperson in the barber branch of
the trade or employs a certified journeyperson in the barber branch of
the trade may employ
(a) 2 apprentices in the barber branch of the trade, and
(b) 2 additional apprentices in the barber branch of the trade for
each additional certified journeyperson in the barber branch
of the trade that is employed by that person.
(3) For the purposes of subsection (2), a person who is a certified
journeyperson in the barber branch of the trade or employs a certified
journeyperson in the barber branch of the trade, instead of employing
an apprentice in an apprenticeship program in the barber branch of the
trade, may employ an apprentice in an apprenticeship program in the
hairstylist branch of the trade to carry out any of the undertakings that
constitute the barber branch of the trade.
Transitional Provisions, Repeal
and Coming into Force
Transitional re certified journeypersons
13 Where a person by virtue of the Hairstylist Trade Regulation
(AR 281/2000) holds a trade certificate as a hairstylist, that person is
deemed to be a certified journeyperson in the hairstylist branch of the
trade under this Regulation.
Transitional re barbers and beauticians
14 Where a person by virtue of
section 56(2) of the Apprenticeship
and Industry Training Act holds a trade certificate as a barber,
beautician, hairstylist-barber or hairstylist-beautician, that person is
deemed to be a certified journeyperson in the hairstylist branch of the
trade under this Regulation.
Transitional re apprentices
15(1) A person who was an apprentice in an apprenticeship program
immediately prior to April 30, 2020 under the Hairstylist Trade
Regulation (AR 281/2000) continues as an apprentice in an
apprenticeship program in the hairstylist branch of the trade under this
Regulation.
(2) A contract of apprenticeship that was entered into or carried on
under the Hairstylist Trade Regulation (AR 281/2000) and that is in
effect immediately before April 30, 2020 is a contract of
apprenticeship in the hairstylist branch of the trade under this
Regulation.
Repeal
16 The Hairstylist Trade Regulation (AR 281/2000) is repealed.
Coming into force
17 This Regulation comes into force on April 30, 2020.
Alberta Regulation 4/2020
Apprenticeship and Industry Training Act
PLUMBER TRADE AMENDMENT REGULATION
Filed: January 17, 2020
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on September 27, 2019 and approved by the Minister of Advanced Education
on January 8, 2020 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1 The Plumber Trade Regulation (AR 295/2000) is amended
by this Regulation.
Section 1(
c) is amended
(
a) by repealing subclauses (i), (iii) and (v);
(
b) in subclause (xvi) by striking out "decorative fountain"
and substituting "ornamental water".
Section 3 is amended
(
a) by repealing clause (
c) and substituting the
following:
(
c) using tools and special equipment;
(
b) by repealing clause (
f) and substituting the
following:
(
f) designing, installing and maintaining hydronic systems;
(
c) in clause (g)(viii) by striking out "for pipe, fixtures and
equipment";
(
d) in clause (h)(ii) by adding "and permits" after "codes";
(
e) by repealing clause (
i) and substituting the
following:
(
i) maintaining and servicing private sewage systems.
Section 5(3) is repealed.
Alberta Regulation 5/2020
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: January 21, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 001/2020)
on January 21, 2020 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 44/2019) is amended by this Regulation.
Section 2(1)(
a) is repealed.
Section 5 is amended in subsection (1) by repealing
clauses (
g) and (l).
Section 6(1)(
c) is repealed.
Section 7(1) is amended
(
a) by repealing clause (a);
(
b) by adding the following after clause (c):
(c.1) Film and Television Tax Credit Act;
Section 9(1)(
v) is repealed.
Section 10 is amended
(
a) in subsection (1)(
k) by striking out "sections 30 and"
and substituting "section";
(
b) in subsection (3) by striking out "sections 30 and 37(
d) to (j)" and substituting "section 37(1)(
d) to (j)".
Section 11 is amended
(
a) in subsection (1) by adding the following after
clause (x):
(x.1) Opioid Damages and Health Care Costs Recovery Act;
(
b) by repealing subsection (2)(a).
Section 12(1) is amended by renumbering clause (
a) as
clause (a.1) and adding the following before clause (a.1):
(
a) Alberta Indigenous Opportunities Corporation Act;
Section 14(1) is amended
(
a) by adding the following after clause (cc):
(cc.1) Family Property Act;
(
b) by repealing clause (bbb);
(
c) by adding the following after clause (dddd):
(dddd.1) Scrap Metal Dealers and Recyclers Identification Act;
Section 16 is amended
(
a) in subsection (1)
(
i) by repealing clause (b);
(ii) by adding the following after clause (j):
(j.1) Local Government Fiscal Framework Act, except
sections 1(
i) and 10 and sections 6(3) and 9(4) of
the Schedule;
(
b) by repealing subsection (2).
Section 19 is amended
(
a) in subsection (1) by repealing clause (a);
(
b) by adding the following after subsection (1):
(1.1) The Minister of Transportation continues to be responsible
for the Public Transit and Green Infrastructure Project Act.
Section 20(1) is amended
(
a) by repealing clause (k);
(
b) by adding the following after clause (bb):
(bb.1) Local Authorities Capital Financing Act;
(bb.2) sections 1(
i) and 10 of the Local Government Fiscal
Framework Act and sections 6(3) and 9(4) of the
Schedule to the Local Government Fiscal Framework
Act;
(
c) by adding the following after clause (ff):
(ff.1) Public Sector Employers Act;
14(1)
Section 4 has effect on March 31, 2020.
(2) Section 10(
a) and (
b) have effect on January 1, 2020.
--------------------------------
Alberta Regulation 6/2020
Alberta Personal Income Tax Act
PERSONAL INCOME TAX WITHHOLDING
AMENDMENT REGULATION
Filed: January 21, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 007/2020)
on January 21, 2020 pursuant to
section 82 of the Alberta Personal Income Tax Act.
1 The Personal Income Tax Withholding Regulation
(AR 34/2001) is amended by this Regulation.
Section 4 is amended by renumbering it as
section 4(1)
and by adding the following after subsection (1):
(2) Section 103.1 of the federal regulation applies except that the
percentage amount describing the value of C in subsection 103.1(2)
shall be read as follows:
(
a) in subparagraph (a)(ii), "7 per cent" shall be read as "3%";
(
b) in subparagraph (b)(ii), "13 per cent" shall be read as "7%";
(
c) in subparagraph (c)(ii), "20 per cent" shall be read as "10%".
Section 5(1) is amended by striking out "section 102 or 103"
and substituting "section 102,103 or 103.1".
4 This Regulation has effect on July 1, 2015.
--------------------------------
Alberta Regulation 7/2020
Police Act
POLICE FUNDING REGULATION
Filed: January 22, 2020
For information only: Made by the Minister of Justice and Solicitor General
(M.O. 27/2019) on January 20, 2020 pursuant to
section 62(1)(
a) of the Police Act.
Table of Contents
Definitions
2 Requirement to pay for policing services
3 Cost formula
4 Obligation to pay
5 Enhanced policing
6 Expiry
Definitions
1 In this Regulation,
(a) "fiscal year" means the period commencing April 1 of one
year and ending on March 31 of the next year;
(b) "Minister" means the Minister designated under
section 16 of
the Government Organization Act as the Minister responsible
for the Act;
(c) "municipality" means
(
i) every municipal district and specialized municipality,
and
(ii) every town, village and summer village that has a
population that is not greater than 5000;
(d) "PPSA" means the Provincial Police Service Agreement
Alberta dated April 1, 2012 and extensions or renewals of
that Agreement.
Requirement to pay for policing services
2 Pursuant to
section 4(1) of the Act, each municipality shall, subject
section 4(3) of the Act, pay a cost in each fiscal year for receiving
general policing services provided by the provincial police service in
an amount determined by the Minister in accordance with this
Regulation.
Cost formula
3(1) The cost that a municipality must pay in each fiscal year is the
amount determined by the following formula:
(E + P) - (SP + CSI +
D) where
E is the Weighted Equalized Assessment for the municipality
determined in accordance with subsection (2)(a);
P is the Weighted Population Amount of the municipality
determined in accordance with subsection (2)(b);
SP is the Shadow Population Subsidy of the municipality
determined in accordance with subsection (2)(c);
CSI is the Crime Severity Index Subsidy determined in
accordance with subsection (2)(d);
D is the Police Detachment Subsidy determined in accordance
with subsection (2)(e).
(2) For the purposes of this section,
(
a) the Weighted Equalized Assessment for a municipality for a
fiscal year is the amount determined by the following
formula:
MEA x ATS x 50%
TEA
where
MEA is the equalized assessment prepared by
the Minister of Municipal Affairs for each
municipality as sent to the municipality annually
under
section 320 of the Municipal Government
Act;
TEA is the total of all of the equalized assessments
prepared by the Minister of Municipal Affairs for
the municipalities;
ATS is the annual total share of policing costs, which is
(
i) for the 2020-2021 fiscal year, $23 250 000,
representing 10% of frontline policing costs
under the PPSA,
(ii) for the 2021-2022 fiscal year, $34 900 000,
representing 15% of the frontline policing
costs under the PPSA,
(iii) for the 2022-2023 fiscal year, $46 500 000,
representing 20% of the frontline policing
costs under the PPSA,
(iv) for the 2023-2024 and 2024-2025 fiscal
years, $69 800 000, representing 30% of the
frontline policing costs under the PPSA, and
(
v) for a subsequent fiscal year, the total cost of
the PPSA multiplied by the percentage of all
positions funded by the PPSA that the
Minister determines to be frontline policing
costs, and then multiplied by a percentage to
be determined by the Minister that is to be
charged to the municipalities;
(
b) the Weighted Population Amount for a municipality is the
amount determined by the following formula:
MP x ATS x 50%
where
MP is the population of the municipality as determined
by the President of Treasury Board and Minister of
Finance;
TP is the total of the municipal populations of all the
municipalities;
ATS has the same meaning as in clause (a);
(
c) the Shadow Population Subsidy for a municipality is the
amount determined by the following formula:
MSP x __% x (E +
P) where
MSP is the shadow population of a municipality as
determined by the President of Treasury Board and
Minister of Finance;
MP has the same meaning as in clause (b);
_% is 5%, or a percentage determined by dividing the
MSP by the MP and then multiplying that number
by 5, whichever is lower;
E is the Weighted Equalized Assessment for the
municipality determined in accordance with clause
(a);
P is the Weighted Population Amount of the
municipality determined in accordance with clause
(b);
(
d) the Crime Severity Index Subsidy is the amount determined
by the following formula:
(MA - TA) x 0.05% x (E + P)
where
MA is the 3-year average of the municipality's Crime
Severity Index, as determined by the Minister;
TA is the 3-year average of the combined Crime
Severity Indexes of all of the municipalities;
E is the Weighted Equalized Assessment for the
municipality determined in accordance with clause
(a);
P is the Weighted Population Amount of the
municipality determined in accordance with clause
(b);
(
e) the Police Detachment Subsidy, where applicable, is
determined by the following formula:
(E +
P) x 5%
where
E is the Weighted Equalized Assessment for the
municipality determined in accordance with
clause (a);
P is the Weighted Population Amount of the
municipality determined in accordance with clause
(b).
(3) For the purposes of this section, if a specialized municipality has
an urban service area with a population greater than 5000, the
population of the urban service area shall be excluded when
determining the population or shadow population of the municipality.
(4) For the purposes of this section, the Police Detachment Subsidy is
only applicable to a municipality identified in
section 1(c)(ii) that does
not have a police detachment within the municipality.
Obligation to pay
4(1) The Minister shall, in each fiscal year, send an invoice to each
municipality stating the amount that the municipality shall pay for that
fiscal year for receiving general policing services provided by the
provincial police service.
(2) A municipality shall pay the amount determined by the Minister
within 45 days of receiving the invoice and any unpaid amount after
that time shall be recoverable as a debt owing to the Crown.
(3) Despite anything to the contrary in this Regulation, the Minister
may by order exempt a municipality from paying a cost for receiving
general policing services provided by the provincial police service, and
the Minister shall not send an invoice to a municipality that has been
exempted.
Enhanced policing
5 The Minister may exempt a municipality from paying a cost for
full-time enhanced policing positions funded under an agreement
entered into under
section 22 of the Act.
Expiry
6 For the purposes of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2025.
Alberta Regulation 8/2020
Child, Youth and Family Enhancement Act
CHILD, YOUTH AND FAMILY ENHANCEMENT
AMENDMENT REGULATION
Filed: January 29, 2020
For information only: Made by the Minister of Children's Services (M.O. No. 2020-01)
on January 22, 2020 pursuant to
section 131(2) of the Child, Youth and Family
Enhancement Act.
1 The Child, Youth and Family Enhancement Regulation
(AR 160/2004) is amended by this Regulation.
Section 6(4) is amended by striking out "24th birthday" and
substituting "22nd birthday".
Schedule 1 is amended
(
a) in Form 12 in
section 2 by striking out "24th birthday"
and substituting "22nd birthday";
(
b) in Form 16 in
section 1 by striking out "a person
between the ages of 18 and 24 years and am";
(
c) in Form 17
(
i) in the
Part 4 heading by striking out "a Person
Between the Ages of 18 and 24" and substituting
"Receiving or Has Been Refused Support and Financial
Assistance under
Section 57.3 of the Act";
(ii) in
Part 4 by striking out "a person between the ages
of 18 and 24 years and am".
4 This Regulation has effect on April 1, 2020.
Alberta Regulation 9/2020
Government Organization Act
COMMUNITY DEVELOPMENT GRANTS
AMENDMENT REGULATION
Filed: January 29, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 009/2020)
on January 28, 2020 pursuant to
section 13 of the Government Organization Act.
1(1) The Community Development Grants Regulation
(AR 25/2013) is amended by this section.
(2) Section 1 is amended by adding ", Multiculturalism and
Status of Women" after "Culture".
(3) Section 8(5) is amended by striking out "certificate" and
substituting "written notice".
(4) The following is added after
section 11:
Deductions from grants
11.1(1) The Minister may make a deduction from a grant
(
a) if the recipient or prospective recipient becomes indebted in
any respect to the Government, or
(
b) if the Minister, in the Minister's sole discretion, considers the
deduction appropriate.
(2) The deduction may be any amount up to and including 100%
of the grant payable.
(5) Section 13 is amended by striking out "March 31, 2020"
and substituting "March 31, 2025".
2(1) The Designation and Transfer of Responsibility
Regulation (AR 44/2019) is amended by this section.
(2) Section 6(2) is repealed.
Alberta Regulation 10/2020
Queen Elizabeth II Golden Jubilee Recognition Act
Alberta Heritage Scholarship Act
QUEEN ELIZABETH II AWARD AND SCHOLARSHIP
AMENDMENT REGULATION
Filed: January 29, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 010/2020)
on January 28, 2020 pursuant to
section 5 of the Queen Elizabeth II Golden Jubilee
Recognition Act and
section 7 of the Alberta Heritage Scholarship Act.
1 The Queen Elizabeth II Award and Scholarship
Regulation (AR 71/2002) is amended by this Regulation.
Section 1(
b) is amended by striking out "of Culture" and
substituting "determined under
section 16 of the Government
Organization Act as the Minister responsible for the Queen Elizabeth
II Golden Jubilee Recognition Act".
Section 5(5) is amended by striking out "Foundation for the
Performing Arts" and substituting "Alberta Foundation for the
Arts".
Section 6 is amended by striking out "April 30, 2020" and
substituting "April 30, 2030".
--------------------------------
Alberta Regulation 11/2020
Film and Television Tax Credit Act
FILM AND TELEVISION TAX CREDIT REGULATION
Filed: January 29, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 012/2020)
on January 28, 2020 pursuant to
section 19 of the Film and Television Tax Credit Act.
Table of Contents
Definitions
2 Completion of production
3 Prescribed production
4 Required information
5 Production plan
6 Excluded productions
7 Reapplication
8 Prescribed amounts for authorization letter
9 Prescribed criteria for authorization letter
10 Prescribed dates for authorization letter
11 Revised authorization letter
12 Prescribed information for tax credit certificate
13 Issuance of new tax credit certificate
14 Prescribed percentage and prescribed circumstances
15 Copyright residency requirements
16 Collection of information
17 Coming into force
Definitions
1(1) In this Regulation,
(a) "Act" means the Film and Television Tax Credit Act;
(b) "eligibility period" means the period beginning on the date
that preproduction begins and ending on the date that the
requirements under
section 6(2) of the Act are met;
(c) "eligible Alberta costs" of an eligible corporation in respect
of a project means the production costs determined by the
Minister, to the extent that they are reasonable in the
circumstances and do not exceed fair market value, that
(
i) are directly attributable to the portion of the project that
occurs in Alberta,
(ii) are incurred in Alberta by the eligible corporation
during the eligibility period,
(iii) are paid in full by the eligible corporation during the
eligibility period, and
(iv) are not eligible Alberta salary or wages, eligible non-
Alberta salary or wages, eligible Alberta service
contract expenditures, eligible non-Alberta service
contract expenditures or eligible Alberta tangible
property expenditures;
(d) "eligible Alberta parent-subsidiary amount" of an eligible
corporation in respect of a project means the eligible Alberta
costs, eligible Alberta salary or wages, eligible non-Alberta
salary or wages, eligible Alberta service contract
expenditures, eligible non-Alberta service contract
expenditures and eligible Alberta tangible property
expenditures paid by the eligible corporation to a parent
corporation as a reimbursement of the expenditures of the
parent corporation
(
i) that the eligible corporation and the parent corporation
have agreed to treat as expenditures of the eligible
corporation, and
(ii) that would be eligible Alberta costs, eligible Alberta
salary or wages, eligible non-Alberta salary or wages,
eligible Alberta service contract expenditures, eligible
non-Alberta service contract expenditures or eligible
Alberta tangible property expenditures of the eligible
corporation if the expenditures had been incurred by the
eligible corporation for the same purpose, and had been
paid by the eligible corporation at the same time and to
the same persons, as they were by the parent
corporation;
(e) "eligible Alberta salary or wages" of an eligible corporation
in respect of a project means the total salary or wages, to the
extent that they are reasonable in the circumstances, that are
(
i) directly attributable to the portion of the project that
occurs in Alberta,
(ii) incurred in Alberta by the eligible corporation during
the eligibility period, and
(iii) paid in full by the eligible corporation during the
eligibility period to employees of the eligible
corporation who are eligible individuals;
(f) "eligible Alberta service contract expenditures" of an eligible
corporation in respect of a project means the total service
contract expenditures, to the extent that they are reasonable
in the circumstances and do not exceed fair market value,
that are
(
i) directly attributable to the portion of the project that
occurs in Alberta,
(ii) incurred in Alberta by the eligible corporation during
the eligibility period, and
(iii) paid in full by the eligible corporation during the
eligibility period;
(g) "eligible Alberta tangible property expenditures" of an
eligible corporation in respect of a project means the total
tangible property expenditures, to the extent that they are
reasonable in the circumstances and do not exceed fair
market value, where
(
i) the property is used in Alberta during the eligibility
period in a manner that is directly attributable to the
portion of the project that occurs in Alberta,
(ii) the expenditures are incurred in Alberta by the eligible
corporation during the eligibility period, and
(iii) the expenditures are paid in full by the eligible
corporation during the eligibility period;
(h) "eligible individual" means an individual, other than a trust
or estate, who resides in Alberta on December 31 of one of
the three years immediately preceding the year in which
Alberta principal photography begins;
(i) "eligible non-Alberta salary or wages" of an eligible
corporation in respect of a project means the total salary or
wages, to the extent that they are reasonable in the
circumstances, that are
(
i) directly attributable to the portion of principal
photography of the project that occurs outside Alberta,
(ii) incurred outside Alberta by the eligible corporation
during the eligibility period, and
(iii) paid in full by the eligible corporation during the
eligibility period to employees of the eligible
corporation who are eligible individuals;
(j) "eligible non-Alberta service contract expenditures" of an
eligible corporation in respect of a project means the total
service contract expenditures, to the extent that they are
reasonable in the circumstances and do not exceed fair
market value, that are
(
i) directly attributable to the portion of principal
photography of the project that occurs outside Alberta,
(ii) incurred outside Alberta by the eligible corporation
during the eligibility period, and
(iii) paid in full by the eligible corporation during the
eligibility period;
(k) "eligible partnership" means a partnership where each
member is,
(
i) in respect of a service contract expenditure or tangible
property expenditure paid to the eligible partnership,
(
A) an individual who resides in Alberta on December
31 of the year immediately preceding the year in
which an eligible corporation pays the service
contract expenditure or tangible property
expenditure to the eligible partnership, or
(
B) a corporation that has a permanent establishment
in Alberta and is not tax exempt at the time an
eligible corporation pays a service contract
expenditure or tangible property expenditure to the
eligible partnership,
and
(ii) in respect of the copyright of a project,
(
A) an individual who resides in Alberta during the
applicable periods referred to in
section 15, or
(
B) a corporation that has a permanent establishment
in Alberta and is not tax exempt during the
applicable periods referred to in
section 15;
(l) "federal Act" means the Income Tax Act (Canada);
(m) "parent corporation" means a corporation in relation to which
an eligible corporation is a subsidiary wholly-owned
corporation;
(n) "salary or wages" has the same meaning as salary or wages
section 248(1) of the federal Act and is computed in the
same manner, regardless of whether the federal Act applies to
the eligible individual to whom the salary or wages are paid,
but does not include
(
i) an amount described in
section 7 of the federal Act, or
(ii) an amount determined by reference to profits or
revenues;
(o) "service contract expenditure" means an amount paid by an
eligible corporation under a service contract to
(
i) an eligible individual, other than an employee of the
eligible corporation, where the amount is attributable to
services personally rendered by
(
A) the eligible individual, or
(
B) an employee of the eligible individual who is an
eligible individual, to the extent that the amount
paid under the service contract does not exceed the
salary or wages paid to the employee for rendering
the services,
(ii) an eligible partnership, where the amount is attributable
to services personally rendered by
(
A) a member of the eligible partnership who is an
eligible individual, or
(
B) an employee of the eligible partnership who is an
eligible individual, to the extent that the amount
paid under the service contract does not exceed the
salary or wages paid to the employee for rendering
the services,
(iii) a corporation that has a permanent establishment in
Alberta at any time during the eligibility period and is
not tax exempt, where the amount is attributable to
services personally rendered by an employee of the
corporation who is an eligible individual, to the extent
that the amount paid under the service contract does not
exceed the salary or wages paid to the employee for
rendering the services;
(p) "tangible property expenditure" means the non-refundable
payments made by an eligible corporation under a lease of
tangible property that are paid to an eligible individual,
eligible partnership or corporation that
(
i) is ordinarily engaged in the business of leasing tangible
property of the type leased by the eligible corporation,
(ii) carries on business in Alberta, and
(iii) at the time the eligible corporation makes each payment
under the lease,
(
A) in the case of an eligible individual, the eligible
individual is not an employee of the eligible
corporation,
(
B) in the case of an eligible partnership, no member
of the partnership is an employee of the eligible
corporation, and
(
C) in the case of a corporation, the corporation has a
permanent establishment in Alberta and is not tax
exempt;
(q) "tax exempt" means exempt from tax under the Alberta
Corporate Tax Act by virtue of
section 35 of that Act;
(r) "total labour costs" means the portion of the total production
costs of a project that is made up of salary or wages, to the
extent that they are reasonable in the circumstances, that are
(
i) directly attributable to the project,
(ii) incurred by the eligible corporation during the eligibility
period, and
(iii) paid in full by the eligible corporation during the
eligibility period;
(s) "treaty co-production project" means a project whose
production is contemplated in a co-production treaty entered
into between Canada and another country.
(2) In the Act and this Regulation,
(a) "designated assistance" means the total amount of assistance
an eligible corporation receives or is entitled to receive from
an individual, partnership or corporation or from a
government, municipality or other public authority that, in
the opinion of the Minister, relates to eligible production
costs, and such assistance may include
(
i) a grant,
(ii) a subsidy,
(iii) a forgivable loan,
(iv) an advance other than a recoupable advance,
(
v) a loan other than a bona fide loan with a set repayment
date,
(vi) a provincial tax credit, including an Alberta tax credit,
(vii) a donation in respect of which the donor has received a
benefit, and
(viii) in respect of a sponsorship in which there is an
exchange of benefits between the sponsor and the
sponsored party other than at fair market value, the
difference between the amount for which the benefits
were exchanged and the fair market value of the
benefits,
but does not include
(ix) a tax credit under the federal Act,
(
x) a licence fee,
(xi) an equity investment, or
(xii) an amount deducted under
section 26.94 of the Alberta
Corporate Tax Act;
(b) "eligible production costs" of an eligible corporation in
respect of a project means the total of the following:
(
i) eligible Alberta costs;
(ii) eligible Alberta salary or wages;
(iii) eligible Alberta service contract expenditures;
(iv) eligible Alberta tangible property expenditures;
(
v) the eligible Alberta parent-subsidiary amount;
(vi) eligible non-Alberta salary or wages, if the project is a
documentary production;
(vii) eligible non-Alberta service contract expenditures, if the
project is a documentary production.
Completion of production
2 The final project must be delivered to the Minister in a form and for
a sufficient period of time to enable the Minister to verify the final
project's compliance with the Act and this Regulation.
Prescribed production
3 For the purposes of sections 1(
l) and 2(
d) of the Act, digital media
is a prescribed type of production.
Required information
4 An application for an authorization letter must contain the
following information:
(
a) the date on which Alberta principal photography is expected
to begin;
(
b) a commercial distribution plan in respect of the final project;
(
c) a description of any factors that may affect the eligible
corporation's ability to meet the requirements of the Act or
this Regulation in respect of the project;
(
d) details of the person or persons that control the eligible
corporation;
(
e) a budget in respect of the portion of the project that occurs in
Alberta.
Production plan
5 A production plan must contain the following information:
(
a) an overview of the project;
(
b) details of the estimated economic impact of the project on
Alberta;
(
c) details of the estimated impact of the project on the film and
television industry in Alberta;
(
d) the estimated total production costs of the project;
(
e) the estimated eligible production costs of the project;
(
f) the estimated designated assistance amount in respect of the
project;
(
g) the proposed timeline of the project;
(
h) evidence of sufficient financing to enable the project to reach
completion of production;
(
i) a copy of the commercial licence agreement for the licensing
of the project;
(
j) a copy of the chain of title documentation for the project;
(
k) any other information required by the Minister.
Excluded productions
6 The following types of film or television production are excluded
from the application of the Act:
(
a) news, current events or public affairs programming, or a
program that includes weather or market reports;
(
b) a talk show;
(
c) a production in respect of a game, questionnaire or contest;
(
d) a sports event or activity;
(
e) a gala presentation or an awards show;
(
f) a production that solicits funds;
(
g) reality television;
(
h) pornography;
(
i) advertising;
(
j) a production that is produced primarily for industrial,
corporate or institutional purposes;
(
k) a production, other than a documentary, all or substantially
all of which consists of stock footage;
(
l) a video game;
(
m) a production for which public financial support would, in the
opinion of the Minister, be contrary to public policy.
Reapplication
7(1) An eligible corporation that applies for an authorization letter in
respect of a project may, within 12 months after being notified under
section 4(4) of the Act that the Minister refuses to issue an
authorization letter, make one additional application for an
authorization letter in respect of the project.
(2) Despite
section 3(3) of the Act, an eligible corporation may make
an application under subsection (1) after Alberta principal photography
begins on the project.
Prescribed amounts for authorization letter
8(1) For the purposes of
section 4(1)(
b) of the Act, the prescribed
amount is $499 999.
(2) For the purposes of
section 4(3)(
b) of the Act, the prescribed
amount is $10 000 000.
Prescribed criteria for authorization letter
9 For the purposes of
section 4(1)(
c) of the Act, the prescribed
criteria or requirements to be met are the following:
(
a) the economic impacts of the project on Alberta must be
satisfactory to the Minister;
(
b) the impacts of the project on the film and television industry
in Alberta must be satisfactory to the Minister.
Prescribed dates for authorization letter
10(1) For the purposes of
section 4(2)(
b) of the Act, the prescribed
date is
(
a) the date 6 months after the date on which the Minister issues
the authorization letter, or
(
b) another date determined by the Minister if the Minister is of
the opinion that circumstances warrant it.
(2) For the purposes of
section 4(2)(
c) of the Act, the date by which an
eligible corporation must provide to the Minister the information
required under
section 6(2) of the Act is
(
a) the date 42 months after the date on which Alberta principal
photography begins or is expected to begin, or
(
b) another date determined by the Minister if the Minister is of
the opinion that circumstances warrant it.
Revised authorization letter
11(1) An eligible corporation shall apply for a revised authorization
letter under
section 3(4) of the Act if any of the information referred to
section 4 or 5(
f) or (
g) changes.
(2) The Minister may issue a revised authorization letter where
information contained in the original authorization letter is incorrect or
for any other similar reasons the Minister considers appropriate.
Prescribed information for tax credit certificate
12 For the purposes of
section 6(2)(c)(iv) of the Act, the following
information in respect of a project is prescribed:
(
a) a final report in a form approved by the Minister;
(
b) an audited production cost statement.
Issuance of new tax credit certificate
13(1) The Minister shall revoke a tax credit certificate and issue a
new tax credit certificate where information contained in the original
tax credit certificate is incorrect or has changed since the date the
original tax credit certificate was issued or for any other similar
reasons the Minister considers appropriate.
(2) A tax credit certificate issued under subsection (1) shall replace the
original tax credit certificate.
(3) A tax credit certificate issued under subsection (1) is deemed to
have been issued on the same date that the original tax credit certificate
was issued under
section 6 of the Act.
(4) If the Minister issues a new tax credit certificate under subsection
(1), the Minister shall promptly give notice to the Finance Minister of
the issuance of the new tax credit certificate.
Prescribed percentage and prescribed circumstances
14 For the purposes of sections 1 and 2 of the
Schedule to the Act,
the prescribed percentage to be used in determining the estimated or
actual tax credit amount is
(a) 30% in the following circumstances:
(
i) a project other than a treaty co-production project that
meets the following criteria:
(
A) at least 50% of the project is owned by eligible
individuals, whether as individuals, members of a
partnership or voting shareholders of a
corporation;
(
B) at least one producer on the project must be an
eligible individual;
(
C) in respect of the copyright of the project, the
requirements under
section 15 must be met;
(
D) at least 60% of total production costs for the
project must be incurred in Alberta or at least 70%
of the total labour costs for the project must be
made up of eligible Alberta salary or wages;
(ii) a treaty co-production project that meets the following
criteria:
(
A) at least one producer on the project must be an
eligible individual;
(
B) at least 60% of total production costs for the
project must be incurred in Alberta or at least 70%
of the total labour costs for the project must be
made up of eligible Alberta salary or wages,
and
(b) 22% in circumstances other than those set out in clause (a).
Copyright residency requirements
15(1) For the purposes of
section 14(a)(i)(C), the copyright of a
project must be held, at least in part,
(
a) during the period beginning on the date that an eligible
corporation applies for an authorization letter and ending on
the date of completion of production,
(
i) by an individual who resides in Alberta on December 31
of the year immediately preceding the year in which the
eligible corporation applies for an authorization letter,
(ii) by a corporation that has a permanent establishment in
Alberta and is not tax exempt at the time that the
eligible corporation applies for an authorization letter,
(iii) by a partnership each member of which must be an
individual meeting the requirements of subclause (
i) or
a corporation meeting the requirements of subclause
(ii),
and
(
b) during the period beginning on the date of completion of
production and ending 10 years after that date,
(
i) by an individual who resides in Alberta on each
December 31 of that period,
(ii) by a corporation that has a permanent establishment in
Alberta during that period and is not tax exempt, or
(iii) by a partnership each member of which must be an
individual meeting the requirements of subclause (
i) or
a corporation meeting the requirements of subclause
(ii).
(2) For the purposes of
section 14(a)(i)(C), if the copyright of a
project is transferred during a period of time referred to in subsection
(1)(
a) or (b), the copyright must be transferred, at least in part, to
(
a) an individual who resides in Alberta on December 31 of the
year immediately preceding the year in which the transfer
occurs,
(
b) a corporation that, at the time the transfer occurs, has a
permanent establishment in Alberta and is not tax exempt, or
(
c) a partnership each member of which must be an individual
meeting the requirements of clause (
a) or a corporation
meeting the requirements of clause (b).
Collection of information
16 The Minister may collect indirectly under
section 18 of the Act
the following information about a member or an employee of an
eligible partnership, an employee of an eligible corporation or a parent
corporation or an individual referred to in
section 1(1)(o)(i):
(
a) the member, employee or individual's name;
(
b) the member, employee or individual's job description,
including position title;
(
c) the member, employee or individual's salary or wages,
including bonuses;
(
d) the member, employee or individual's unique identification
number;
(
e) the member, employee or individual's work email address;
(
f) the member, employee or individual's work address;
(
g) the member, employee or individual's work phone number;
(
h) the amount of designated assistance the eligible corporation
has received in respect of the member, employee or
individual during the eligibility period;
(
i) the member, employee or individual's place of residence at
the end of December 31 in any year.
Coming into force
17 This Regulation has effect on the coming into force of the Film
and Television Tax Credit Act.
--------------------------------
Alberta Regulation 12/2020
Municipal Government Act
RIDGE REGIONAL PUBLIC SAFETY
SERVICES COMMISSION REGULATION
Filed: January 29, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 018/2020)
on January 28, 2020 pursuant to
section 602.02 of the Municipal Government Act.
Table of Contents
1 Establishment
2 Members
3 Services
4 Operating deficits
5 Sale of property
6 Profits and surpluses
7 Approvals
8 Transfer of property
Schedule
Establishment
1 A regional services commission known as the Ridge Regional
Public Safety Services Commission is established.
Members
2 The following municipalities are members of the Commission:
(
a) Town of Raymond;
(
b) Town of Milk River;
(
c) Village of Stirling;
(
d) County of Warner No. 5.
Services
3 The Commission is authorized
(
a) to provide bylaw enforcement services to each member
municipality in accordance with the bylaws of each member
municipality,
(
b) with respect to each municipality, to enforce enactments that
the municipality is authorized to enforce, in accordance with
the bylaws of the municipality, and
(
c) to provide community public safety education services to the
member municipalities.
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, equipment or inventory whose purchase
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 the grants from the Government of
Alberta and outstanding debt associated with that portion of
the land, buildings, equipment or inventory to be sold,
(
b) that the sale will not have a significant adverse effect on the
services the Commission provides, and
(
c) that the sale will be properly reflected in the charge
subsequently charged to the member municipalities.
Profits and surpluses
6 Unless otherwise approved by the Minister, the Commission may
not
(
a) operate for the purposes of making a profit, or
(
b) distribute any of its surpluses to its member municipalities.
Approvals
7 The Minister may make an approval under
section 5 or 6 subject to
any terms or conditions the Minister considers appropriate.
Transfer of property
8 The member municipalities shall execute all documents and do all
things necessary to transfer to the Commission all property listed in the
Schedule.
Schedule
Town of Raymond
2015 Dodge Durango Special
VIN: 1C4SDJFT8FC796220
2016 Dodge Durango SSV
VIN: 1C4SDJFT9GC375351
2018 Dodge Ram 1500 Crew Cab
VIN:1C6RR7XT8JS248774
Alberta Regulation 13/2020
Student Financial Assistance Act
STUDENT FINANCIAL ASSISTANCE
AMENDMENT REGULATION
Filed: January 29, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 019/2020)
on January 28, 2020 pursuant to
section 22 of the Student Financial Assistance Act.
1 The Student Financial Assistance Regulation
(AR 298/2002) is amended by this Regulation.
Schedule 2 is amended by adding the following after
section 28:
Interest rate after March 31, 2020
28.1(1) Interest is payable on
(
a) the balance of a loan under an agreement referred to in
section 10 of the Act that remains unpaid after March 31,
2020, or
(
b) a loan under an agreement referred to in
section 10 of the Act
that is entered into after March 31, 2020
at a floating rate that is one percentage point greater than the prime
rate as defined in the agreement.
(2) Subsection (1) does not apply if the borrower requests a fixed
rate of interest in accordance with the agreement.
--------------------------------
Alberta Regulation 14/2020
Alberta Personal Property Bill of Rights
EXEMPTION (ALBERTA PERSONAL PROPERTY
BILL OF RIGHTS) AMENDMENT REGULATION
Filed: January 29, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 020/2020)
on January 28, 2020 pursuant to
section 5 of the Alberta Personal Property Bill of
Rights.
1 The Exemption Regulation (AR 125/99) is amended by
this Regulation.
Section 2 is amended
(
a) by repealing clause (
a) and substituting the
following:
(
a) the ATB Financial Act;
(
b) by adding the following after clause (e):
(e.1) the Unclaimed Personal Property and Vested Property
Act;
(
c) by repealing clause (f.1) and substituting the
following:
(f.1) the Victims Restitution and Compensation Payment Act;
Section 3 is amended
(
a) by adding the following after clause (c.1):
(c.2) sections 12(2)(
n) and (q), 18(a), (b), (
f) to (
i) and (k),
22(2)(a), (
b) and (g), 28(1) and (4), 29(1), 31(5)(
b) to
(
d) and (m), 37(2)(
c) and (e), 38(2)(
a) and (c), 45(1) and
(2) and 56 of the Animal Health Act;
(
b) by repealing clause (l.1);
(
c) by adding the following after clause (m):
(m.1) the forfeiture of seized fish and invasive organisms
under
section 28.01 of the Fisheries (Alberta) Act;
(
d) in clause (
n) by striking out "sections 32 and 33" and
substituting "sections 32 and 33.2";
(
e) by repealing clause (p.1);
(
f) by repealing clause (s.1) and substituting the
following:
(s.1) sections 31.1, 31.2, 31.4 and 37.2 of the Forest and
Prairie Protection Act;
(
g) by adding the following after clause (u):
(u.1) property that vests in the Crown under
section 17 of the
Freehold Mineral Rights Tax Act;
(
h) by repealing clauses (v), (y), (z), (aa), (cc) and (ee);
(
i) by repealing clause (hh) and substituting the
following:
(hh) property that is forfeited to the Crown pursuant to
section 54(2) and (2.1) of the Mines and Minerals Act;
(
j) by adding the following after clause (mm):
(mm.01) any unauthorized improvement, structure, work or
equipment removed from a park or recreation area
under
section 21 of the Provincial Parks Act;
(
k) by repealing clause (oo) and substituting the
following:
(oo) sections 8, 12 to 14, 16 to 19, 23 and 26 of the Stray
Animals Act;
(
l) by repealing clause (rr) and substituting the
following:
(rr) sections 7 to 10, 48, 55 and 60 of the Wildlife Act;
Section 4 is amended
(
a) in clause (
a) by repealing subclause (
i) and
substituting the following:
(
i) any proceedings taken respecting a certificate registered
or filed in the court under the Alberta Corporate Tax
Act, the Alberta Personal Income Tax Act, the Fuel Tax
Act, the Tobacco Tax Act or the Tourism Levy Act;
(
b) by repealing clause (
e) and substituting the
following:
(
e) money payable to the President of Treasury Board and
Minister of Finance pursuant to a written notice issued
under the Alberta Corporate Tax Act, the Alberta
Personal Income Tax Act, the Crown's Right of
Recovery Act, the Fuel Tax Act, the Investing in a
Diversified Alberta Economy Act, the Tobacco Tax Act
or the Tourism Levy Act;
(
c) by repealing clause (
i) and substituting the
following:
(
i) the acquisition by the Crown of ownership of a stray
under regulations made under
section 33(2)(
b) and (
c) of the Livestock Industry Diversification Act.
Section 5 is amended
(
a) by adding the following after clause (a.1):
(a.2) the Public Lands Administration Regulation
(AR 187/2011);
(
b) in clause (
c) by adding "(AR 251/2006)" after
"Regulation".
Section 6 is amended in clause (
b) by striking out
"General Regulation" and substituting "Provincial Parks (General)
Regulation".
Section 6.1 is amended
(
a) by repealing clause (
a) and substituting the
following:
(
a) sections 9, 13, 14 and 24 to 24.4 of the Conservation
and Reclamation Regulation (AR 115/93);
(
b) by adding the following after clause (b):
(b.1)
section 9 of the Domestic Cervid Industry Regulation
(AR 188/2014);
(
c) in clause (
c) by striking out "section 4" and
substituting "sections 4 and 6";
(
d) in clause (
e) by striking out "section 12(3)" and
substituting "section 12";
(
e) by adding the following after clause (h):
(h.1) sections 30(5) and 47.2 of the Provincial Parks
(General) Regulation (AR 102/85);
(h.2) sections 13 and 22(3) of the Provincial Parks
(Dispositions) Regulation (AR 241/77);
(
f) by repealing clause (l).
Section 7 is repealed.
Alberta Regulation 15/2020
Insurance Act
INSURANCE AGENTS AND ADJUSTERS
AMENDMENT REGULATION
Filed: January 29, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 022/2020)
on January 28, 2020 pursuant to sections 77, 498 and 849 of the Insurance Act.
1 The Insurance Agents and Adjusters Regulation
(AR 122/2001) is amended by this Regulation.
Section 1 is amended by adding the following after
subsection (5):
(5.1) In
section 15(3)
(a) "personal accident insurance" means insurance to cover the
cost of medical expenses incurred by a person injured in a
collision involving a rental vehicle;
(b) "personal effects coverage" means insurance to cover losses
to personal property in a rental vehicle.
Section 15 is repealed and the following is substituted:
Disclosure
15(1) A holder of a restricted certificate, at the time a person
applies for insurance coverage,
(
a) must provide to the person
(
i) a
summary of the terms, including limitations and
restrictions, of the insurance offered, and
(ii) a
summary of the circumstances under which the
insurance commences or terminates and the procedures
to follow in making a claim,
and
(
b) must notify the person that the policy will be sent to the
person, or in the case of a contract of group insurance, a
certificate will be sent to the person.
(2) A holder of a restricted certificate who is marketing credit
related insurance, at the time a person applies for insurance
coverage,
(
a) must provide to the person
(
i) a statement that sets out the right to rescind the
insurance contract and obtain a full refund of the
premium pursuant to
section 18, and
(ii) a statement that the duration of the insurance is less than
the term of the amortization period of any related loan,
or that the amount of the insurance is less than the
indebtedness, if that is the case,
and
(
b) must inform the person that the person may contact the
insurer for further information or clarification, the name of
the insurer that is providing the insurance and how that
insurer may be contacted.
(3) A holder of a restricted certificate who is marketing personal
accident insurance or personal effects coverage with regards to a
rental vehicle, at the time a person applies for insurance coverage,
(
a) must inform the person
(
i) that other products offering similar coverage are
available on the market such as homeowners,
condominium, tenants, employers or credit card
insurance, and
(ii) that all automobiles on public highways in Alberta,
including rental vehicles, are required to carry basic
automobile insurance coverage that
(
A) includes no-fault medical benefits up to $50,000,
and
(
B) the medical benefits in (
A) last for two years after
a collision,
and
(
b) must disclose to the person the names of the insurers whose
products the holder is authorized to offer and the name of the
insurer that is providing the insurance coverage to the person.
(4) A holder of a restricted certificate who receives any
compensation, inducement or benefit from an insurer, directly or
indirectly, for selling insurance must disclose that fact to any person
who is considering buying insurance from that holder.
(5) The insurer on behalf of which the holder of a restricted
certificate is marketing insurance must ensure that procedures are in
place to effect the requirements of this section.
Section 27 is amended by adding the following after
clause (f):
(
g) vehicle rental agencies.
5 This Regulation has effect on July 1, 2020.
--------------------------------
Alberta Regulation 16/2020
Government Organization Act
STORAGE TANK SYSTEM MANAGEMENT (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: January 31, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 023/2020)
on January 31, 2020 pursuant to
Schedule 10,
section 2 of the Government
Organization Act.
1 The Storage Tank System Management Regulation
(AR 50/2010) is amended by this Regulation.
Section 9 is repealed and the following is substituted:
Expiry
9 This Regulation expires on March 1, 2021.
Alberta Regulation 17/2020
Credit Union Act
CREDIT UNION (PRINCIPAL)
AMENDMENT REGULATION
Filed: January 31, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 025/2020)
on January 31, 2020 pursuant to sections 37 and 230 of the Credit Union Act.
1 The Credit Union (Principal) Regulation (AR 249/89) is
amended by this Regulation.
Section 1(1) is amended
(
a) by repealing clause (d);
(
b) by repealing the Table in clause (i.01) and
substituting the following:
Rating Organization
Commercial
Paper
Bonds/
Debentures
Preferred
Shares
S & P Global Ratings
Canada
A-1
Moody's Canada Inc.
P-1
DBRS Limited
R-1
Pfd-2
Fitch Ratings Inc.
F-1
3 The following is added after
section 11:
Distribution of list of members
11.1(1) Where the circumstances set out in
section 37(6.1) of the
Act apply, a member may direct the credit union, on a matter that is
fundamentally related to the business or affairs of the credit union, to
distribute on the member's behalf to all members who can receive
information by means of the distribution method directed under
subsection (2), and including that member, the information related to
that matter that is specified in writing by the member.
(2) Where a direction is given under subsection (1), the member
must also direct the credit union as to the method of distributing the
information.
(3) The credit union shall comply with the directions given under
subsections (1) and (2) unless its board passes a resolution to the
effect that the board considers that
(
a) the matter that is the subject-matter of the direction under
subsection (1) is not fundamentally related to the business or
affairs of the credit union,
(
b) the last-mentioned direction is frivolous or vexatious, or
(
c) that direction substantively repeats a previous direction that
has been addressed by the board within the previous 4 years.
(4) Nothing in subsection (1) prevents the voluntary distribution by
the credit union of the information to members not referred to in that
subsection.
(5) The credit union may charge the member who gives the
direction under subsection (1) with the expenses incurred in
distributing the information to the extent that the method of
distribution complies with the direction given under subsection (2).
4 The following is added after
section 13:
Subsidiary or affiliate as general insurance agent
13.1(1) In this section,
(a) "customers" includes clients and, in the case of a credit
union, members;
(b) "one body corporate", to the extent that the context is being
construed as dealing with
(
i) the credit union referred to in subsection (2), means
that credit union, or
(ii) the subsidiary or affiliate referred to in subsection (2),
means that subsidiary or affiliate;
(c) "the other body corporate", to the extent that the one body
corporate is being construed as
(
i) that credit union, means that subsidiary or affiliate, or
(ii) that subsidiary or affiliate, means that credit union.
(2) Pursuant to
section 46(4) of the Act, a subsidiary or an affiliate
of a credit union may act as an insurance agent in a class of
insurance under the Insurance Act that is not life insurance only if,
with respect to one body corporate, its business, the premises where
or from which its business is conducted and the communication
systems used by or in its business are, viewed from the standpoint of
a reasonable customer of its business and of the businesses of the
other body corporate, kept entirely separate and distinct from,
respectively, all businesses carried on by the other body corporate,
all premises of the other body corporate itself and all communication
systems used by or in the other body corporate's businesses, and
also, in particular,
(
a) none of the employees of one body corporate are also
employed by or working at the other body corporate,
(
b) no records regarding any of the customers of one body
corporate are commingled or located together with records
maintained by the other body corporate,
(
c) no information is provided, directly or indirectly, by one
body corporate to the other body corporate respecting any of
the one body corporate's customers, except that where a
credit union is providing a loan and the loan agreement
requires that the loan be protected by insurance, that
insurance agent may provide such information to the credit
union,
(
d) no business is carried on by one body corporate on premises
that are adjacent to any premises of the other body corporate
unless
(
i) it is clearly indicated on the one body corporate's
premises that its businesses and the premises on which
it carries on its business are separate and distinct, as
regards its customers, from those of the other body
corporate, and
(ii) there is no access between the premises of the one body
corporate and those of the other body corporate without
the customers of the one body corporate having to exit
the premises through a separate external entrance,
and
customers of one body corporate to any communication
system that is primarily for the use of its customers if that
system links any such customer with anyone at the other
body corporate.
(3) A credit union referred to in subsection (1)(b)(
i) must not
promote a subsidiary or affiliate referred to in subsection (1)(b)(ii),
or that subsidiary or affiliate's insurance policies, on that credit
union's premises or website, except for promoting those policies that
that credit union is authorized to sell or where the promotion is
limited to general information directed to all members of that credit
union or the general public.
Section 25.1 is amended by striking out "Schedule 3" and
substituting "Schedule 1".
Section 25.2 is amended by striking out "83(3)(e)" and
substituting "83(3)(a.01) and (e)".
Section 54(5) is amended by striking out "132(2)(a)" and
substituting "130(2)(a)".
8 Sections 65.1 and 66 are repealed.
Section 67 is amended by striking out "66 of this
Regulation" and substituting "17.1 of the Ministerial Regulation".
Section 69 is amended
(
a) in subsection (1)(
a) by striking out "66 of this
Regulation" and substituting "17.1 of the Ministerial
Regulation";
(
b) in subsection (2)(
e) by striking out "66(b)" and
substituting "17.1(
b) of the Ministerial Regulation".
11 The following is added after
section 74:
Further class of shares
74.1(1) In addition to the common shares falling within
section 170
of the Act, Central may, with the prior written approval of the
Minister, create and issue a further class of shares to meet special
circumstances either to facilitate specialized transactions on a
temporary basis or to allow for differential voting rights for non-credit
union investors in Central.
(2) Shares created under subsection (1) are subject to any restrictions
and other conditions described in
section 230(b)(
i) to (
v) of the Act
that are contained in the Minister's approval under subsection (1) and
the Minister may in writing subject those shares to any further terms as
are considered necessary.
12 Sections 3, 4, 8, 9 and 10 come into force on the coming
into force of sections 4(
a) and (b), 12, 13, 17, 18, 19, 20, 21
and 22 of the Credit Union Amendment Act, 2016.