Alberta Regulation 237/95

Licensing of Trades and Businesses Act

NATURAL GAS DIRECT MAKETING REGULATION

Filed: September 20, 1995

Made by the Minister of Municipal Affairs (M.O. H:126/95) pursuant to

section 4 of the Licensing of Trades and Businesses Act.

Table of Contents

Definitions 1

Designation of business 2

Requirement to register and provide a bond 3

Representations 4

Application 5

Partnerships 6

Notices 7

Duty to provide identification card 8

Duties relating to documentation 9

Collection of fees and other charges 10

Duty to keep records in Alberta 11

Duty to provide bond 12

Claim by core consumer 13

Process following a claim under

section 13 14

Judgment 15

Forfeiture of bond 16

Authority of the Court 17

Forfeiture or termination of bond 18

Codes, standards and rules 19

Complaints 20

Coming into force 21

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Licensing of Trades and Businesses Act;

(b) "agency agreement" means a contract or arrangement under which

a core consumer retains as the consumer's agent, a person who carries on or

engages in the direct marketing of gas business;

(c) "buy-sell contract" means a contract or arrangement under which

a distributor purchases from a core consumer, or from a core consumer and

the consumer's agent, during a specified period, gas in a quantity that is

not expected to exceed the quantity of gas the distributor is obligated to

supply to the consumer during that period;

(d) "consumer supply contract" means a contract or arrangement

under which a core consumer, or a core consumer and the consumer's agent,

obtains a supply of gas from a direct seller;

(e) "consumer's agent" means a person retained by a core consumer

as the agent of the consumer for purposes related to the whole or any part

of a direct supply arrangement;

(f) "core consumer" means a person who takes delivery of gas at its

place of consumption by means of the gas distribution system of a

distributor, but does not include

(

i) a person who uses or consumes the gas primarily as

a raw material or as a fuel, whether for space heating, water heating or

otherwise, in an industrial or manufacturing operation, or

(ii) a person who has sustainable access to and

facilities that allow the person to use or consume a source of energy,

other than gas, in quantities sufficient to satisfy the requirements for

which the gas would otherwise be used or consumed;

(g) "direct marketing of gas business" means the business

(

i) of soliciting, negotiating, concluding or

performing the whole or any part of a direct supply arrangement on behalf

of a core consumer, or

(ii) of soliciting a core consumer for the purpose of

obtaining the consumer's agreement to have undertaken on behalf of the

consumer any activity described in subclause (i), where the solicitation

occurs at a location other than the usual business premises of the person

making the solicitation;

(h) "direct seller" means a person, other than a distributor, who

sells gas to a core consumer or a consumer's agent;

(i) "direct supply arrangement" means a consumer supply contract

and any one of the following that is entered into or made in conjunction

with the consumer supply contract:

(

i) a buy-sell contract;

(ii) a transportation service contract;

(iii) a transportation service order;

(j) "distributor" means a distributor as defined in

section 26.01

of the Gas Utilities Act or

section 31 of the Municipal Government Act;

(k) "gas" means gas as defined in the Gas Utilities Act;

(l) "registrant" means a person who is registered under this

Regulation to carry on or engage in the direct marketing of gas business;

(m) "transportation service contract" means a contract under which

a distributor agrees to transport in its gas distribution system, on a firm

service basis, gas purchased under a consumer supply contract, for delivery

to a core consumer at the location where the consumer will use or consume

the gas;

(n) "transportation service order" means an order of the Alberta

Energy and Utilities Board under

section 26.01(3) of the Gas Utilities Act

requiring a distributor to transport by means of its gas distribution

system gas supplied to a core consumer under a consumer supply contract.

Designation of business

2 The direct marketing of gas business is designated as a business to

which the Act applies.

Requirement to register and provide a bond

3 No person shall carry on or engage in the direct marketing of gas

business unless the person is registered under this Regulation and provides

a bond in accordance with this Regulation.

Represen-tations

4(1) A registrant shall not make any representation, whether express or

implied, that registration under this Regulation constitutes an endorsement

or approval of the registrant by the Crown in right of Alberta or the

Alberta Energy and Utilities Board.

(2) Subsection (1) does not preclude a registrant from representing that

the registrant is registered under this Regulation.

Application

5 An application for registration shall be made to the Director in the

form prescribed by the Director and shall be accompanied by

(

a) any information the Director requires, and

(

b) a fee of $1000.

Partnerships

6 If a registrant is a partnership, the registration terminates on a

change in the partners in the partnership.

Notices

7 A notice, order or other document given or required to be given to a

person under the Act or this Regulation by the Minister or the Director is

sufficiently given if it is sent by mail to the person at the person's last

known address for service.

Duty to provide identification card

8(1) A person on whose behalf an individual engages in the direct

marketing of gas business shall provide to that individual an

identification card that shows that person's name, address and registration

number and the name of the individual acting on behalf of that person.

(2) An identification card provided by a person under subsection (1) must

be signed by the signing authority appointed by that person.

(3) An individual who has been given an identification card shall produce

it when requested to do so by

(

a) a peace officer as defined in the Provincial Offences Procedure

Act, or

(

b) an authorized officer of the department that the Minister

administers.

(4) An individual who has been given an identification card shall

forthwith return it to the person on whose behalf the individual has been

acting when that individual is no longer acting in that capacity.

Duties relating to documenta- tion

9(1) A person who carries on or engages in the direct marketing of gas

business

(

a) shall ensure that each agency agreement the person enters into

with a core consumer

(

i) is in writing,

(ii) includes the name, address and telephone number of

the person and the consumer,

(iii) provides that the consumer has the right to review

and obtain copies of any direct supply arrangement that the person assists

the consumer in becoming a party to, and

(iv) provides that the consumer has the right to audit

the records of the person relating to the agency agreement and the direct

supply arrangement,

and

(

b) shall provide to each core consumer with whom the person enters

into an agency agreement, a copy of the agreement, including, in cases to

which subsection (2) applies, the disclosure statement referred to in

subsection (2)(a)(i), completed and signed by the consumer.

(2) A person who carries on or engages in the direct marketing of gas

business

(

a) shall ensure that each agency agreement the person enters into

with a core consumer who uses or consumes gas primarily for household

purposes

(

i) has attached to it the disclosure statement in the

form set out in the Schedule,

(ii) provides that the agency agreement is not valid

unless the disclosure statement referred to in subclause (

i) has been

completed and signed by the consumer,

(iii) provides that the consumer may cancel the agency

agreement without cost or penalty within 10 days after the day the

agreement is signed by the consumer, and

(iv) provides that the person shall not notify a

distributor that the person has been appointed as the agent of the consumer

unless the 10-day period referred to in subclause (iii) has expired and the

consumer has not cancelled the agency agreement within that period,

and

(

b) shall require each core consumer who uses or consumes gas

primarily for household purposes to complete and sign the disclosure

statement referred to in clause (a)(i)

(

i) before the consumer enters into an agency agreement

with the person, or

(ii) in a case where the consumer enters into a direct

supply arrangement pursuant to a solicitation by the person without

entering into an agency agreement with the person, before the consumer

enters into the direct supply arrangement.

Collection of fees and other charges

10 No person who carries on or engages in the direct marketing of gas

business shall collect any fee or other charge from a core consumer who

enters into an agency agreement or direct supply arrangement until after

the delivery of gas under the direct supply arrangement commences.

Duty to keep records in Alberta

11 A person who carries on or engages in the direct marketing of gas

business shall maintain in Alberta all of the person's records, files,

books, papers and other documents that are related to that business and

shall keep them in Alberta for at least 3 years after they were created.

Duty to provide bond

12(1) A person who applies for registration to carry on or engage in the

direct marketing of gas business shall deliver a bond to the Director in

the amount and form and on the conditions prescribed by the Minister.

(2) No person who is required to provide a bond under this

section shall

carry on or engage in the direct marketing of gas business unless the

person provides the bond and the bond remains in force while the person is

carrying on or engaging in that business.

Claim by core consumer

13(1) A core consumer may file with the Director a claim that arises out

of the failure of a registrant to perform the registrant's obligations in

(2) A claim under subsection (1) shall be made in the form of a statutory

declaration showing

(

a) a copy of the core consumer's agency agreement with the

registrant, if any, as an exhibit,

(

b) particulars of the failure of the registrant, and

(

c) the amount of the claim.

Process following a claim under

section 13

14(1) The Director shall send to the registrant

(

a) a copy of the claim filed under

section 13, and

(

b) a notice requiring the registrant to inform the Director within

30 days after the registrant receives the notice whether the claim is

admitted or denied.

(2) On receiving the material referred to in subsection (1), the Director

may accept the claim as being valid for the purposes of this Regulation if,

within the period set out in subsection (1)(b), the registrant

(

a) admits the claim, or

(

b) fails to deny the claim.

(3) If, within the period set out in subsection (1)(b), the registrant

denies the claim, the Director may

(

a) if satisfied that the claim is valid, accept the claim as valid

for the purposes of this Regulation on the expiry of 60 days following the

date of the notice referred to in subsection (1)(b), unless within that

period the Director is notified that

(

i) court proceedings regarding the claim have been

commenced, or

(ii) the core consumer has withdrawn the claim,

(

b) if not satisfied that the claim is valid, deny the claim and

direct the core consumer to commence court proceedings regarding the claim.

(4) If the Director is notified in accordance with subsection (3)(

a) that

court proceedings regarding the claim have been commenced, the Director

shall not accept the claim as valid for the purposes of this Regulation

until

(

a) the proceedings are discontinued, or

(

b) the consumer's claim is admitted by the registrant, either in

conjunction with a settlement in those proceedings or otherwise.

Judgment

15(1) Where a judgment is obtained against a registrant and the judgment

arises out of the failure of the registrant to perform obligations in

obtains the judgment may deliver to the Director

(

a) a certified copy of the judgment,

(

b) written notice that the judgment is final by reason of lapse of

time or of being confirmed by the highest court to which it may be appealed

and that the judgment has not been satisfied, and

(

c) a statutory declaration setting out the particulars of the

failure of the registrant that resulted in the judgment.

(2) A person shall not deliver the documents referred to in subsection

(1) to the Director

(

a) until the expiration of 30 days following the date on which the

judgment is final by reason of lapse of time or of being confirmed by the

highest court to which it may be appealed, or

(

b) if the judgment has been satisfied.

Forfeiture of bond

16(1) A bond is forfeited on the Director notifying the surety in writing

(

a) that the Director has accepted a claim as valid in accordance

with

section 14 and that the claim remains unsatisfied, or

(

b) that the Director has received the documents referred to in

section 15 and that the judgment remains unsatisfied.

(2) The surety shall, within 30 days of receiving notice under subsection

(1), pay the principal sum of the bond to the Minister.

(3) The Minister shall pay the amount received under subsection (2) to the

Court of Queen's Bench.

Authority of the Court

17(1) In this section,

(a) "bond funds" means the money paid to the Court of Queen's

Bench under

section 16 in respect of a bond;

(b) "completed claims", as of any day, means the claims received by

the Director that as of that day

(

i) have been accepted as valid by the Director

pursuant to

section 14, or

(ii) have resulted in judgments in respect of which

section 15(1) has been complied with;

(c) "total claims", as of any day, means the completed claims and

uncompleted claims in respect of a bond as of that day;

(d) "uncompleted claims", as of any day, means the claims received

by the Director that as of that day are not completed claims.

(2) If, one year after a bond is forfeited, the total claims exceed the

bond funds but the completed claims do not exceed the bond funds, the Court

may

(

a) pay the completed claims from the bond funds, or

(

b) on application by a claimant, specify a later date not more

than 2 years after forfeiture of the bond on which the Court will pay

claims that are completed claims by that date.

(3) If, one year after a bond is forfeited, the total claims do not exceed

the bond funds,

(

a) the Court shall pay the completed claims from the bond funds,

and

(

b) the Court may, on application by a claimant, specify a later

date not more than 2 years after forfeiture of the bond on which the Court

will pay claims that

(

i) are completed claims by that date, and

(ii) have not been paid under clause (a).

(4) If the bond funds are insufficient to pay the completed claims under

subsection (2) or (3)(b), the Court shall pay the completed claims from the

bond funds on a pro rata basis.

(5) If there are bond funds remaining after the payment of completed

claims under subsection (2) or (3), the Court shall

(

a) pay the first $1000 to the Crown, and

(

b) pay the remaining bond funds to the surety.

Forfeiture or termination of bond

18 A registrant whose bond is forfeited under

section 16 or terminated by

the surety shall not carry on or engage in the direct marketing of gas

business until the registrant

(

a) renews the bond, or

(

b) provides a new bond

in the amount and form and on the conditions prescribed by the Minister.

Codes, standards and rules

19(1) Persons who carry on or engage in the direct marketing of gas

business shall comply with the following codes, standards and rules:

(

a) they must act in the best interests of a core consumer;

(

b) when first contacting a core consumer, they must

(

i) truthfully identify themselves to the core

consumer, including showing the consumer the identification card referred

to in

section 8, and

(ii) indicate the purpose for which they are soliciting

the consumer;

(

c) they must not abuse the trust of a core consumer or exploit any

fear or lack of experience or knowledge of a core consumer;

(

d) they must not exert undue pressure on a core consumer,

including giving sufficient time for a consumer to read thoughtfully and

without harassment all documents they provide to a core consumer and

accepting a consumer's refusal of further discussion;

(

e) they must not make any representation or statement or give any

answer or take any measure that is not true or is likely to mislead a core

consumer;

(

f) they must use only timely, accurate, verifiable and truthful

comparisons;

(

g) they must not make any verbal representations regarding

contracts, rights or obligations that are not contained in written

contracts;

(

h) they must ensure all descriptions and promises made in

promotional material are in accordance with actual conditions, situations

and circumstances existing at the time the description or promise is made;

(

i) they must ensure all data referred to are competent and

reliable and support any claim for which the data is cited;

(

j) they must not induce a core consumer to breach a contract with

another person;

(

k) they must not be intrusive, including not contacting others

between the hours of 9 p.m. and 8 a.m. to solicit them to enter into agency

agreements;

(

l) they must not make any representation that savings, price

benefits or advantages exist if they do not exist or if there is no

evidence to substantiate the representation;

(

m) they must not give, in any representation, less prominence to

the total price of gas or services than to the price of any part of the gas

or services;

(

n) they must not use print that due to its size or other visual

characteristics is likely to materially impair the legibility or clarity of

documents they provide to core consumers.

(2) A breach of the codes, standards and rules specified in subsection

(1) may occur in the course of inducing a person to enter into a direct supply

arrangement or agency agreement, notwithstanding that the direct supply

arrangement or agency agreement is not entered into or is not completed.

Complaints

20 The Director is not obligated to investigate complaints made to the

Director by a core consumer.

Coming info force

21 This Regulation comes into force on October 1, 1995.

SCHEDULE

DISCLOSURE STATEMENT

An agency agreement and/or a direct supply arrangement involves business

risks along with the possible benefit of cheaper natural gas. Before you

enter into these agreements or arrangements, you should understand how each

of the following points are dealt with:

1 Your agent may not be able to buy gas cheaper than the utility

company. Check with your agent to see who would bear the cost if the

agent's gas is more expensive.

2 You will only be saving on the gas portion of your total gas

bill. For a household, the gas portion may be less than half of your total

gas bill. Check with your agent to see how much you will save on your

total gas bill after deducting all costs.

3 Your agent or gas supplier may fail to deliver gas to the

utility as specified in the contract. Check to see who would arrange and

pay for alternate supplies if there is a supply failure.

4 When you appoint an agent, you will be held responsible for all

actions taken by the agent on your behalf. You may also be held liable for

actions taken by other consumers signed by that agent if you are part of a

group. Check with your agent as to what your liabilities are.

5 If you move without terminating your contract, you could

remain liable under it. Check with your agent as to what would happen if

you move and what notice the agent would require to terminate the contract.

6 You may only be able to start buying natural gas directly or

return to utility arranged supply at certain times of the year. Check with

your agent as to when these dates are, if there are any costs involved in

returning to utility arranged supply and who would pay these costs.

7 If you decide to purchase gas directly, you must remain on

direct purchase for at least one year. Check with your agent as to the

length of your contract and under what circumstances the contract can be

terminated.

8 This is not a gas utility rebate program. Check out the

affiliations claimed by your agent.

If you sign an agency agreement for gas supply for your home, you

have 10 days to think it over and possibly cancel the agreement. Under

certain circumstances you may have more time. Agents involved in the

direct marketing of gas business must also be bonded and registered with

the Housing and Consumer Affairs Division of Alberta Municipal Affairs.

Agents must also abide by a code of conduct. Check to make sure that your

agent is bonded and registered.

If you need more information on the cancellation provision, or if you

feel you have been treated unfairly, you may wish to contact the Housing

and Consumer Affairs Division of Alberta Municipal Affairs.

I, (print name) , have read this Disclosure Statement and

understand its contents.

Date , 199

(signature)

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

Alberta Regulation 238/95

Mines and Minerals Act

PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY)

AMENDMENT REGULATION

Filed: September 21, 1995

Made by the Minister of Energy (M.O. 33/95) pursuant to

section 6 of the

Natural Gas Royalty Regulation, 1994 (Ata. Reg. 351/93).

1 The Prescribed Amounts (Natural Gas Royalty) Regulation (Alta. Reg.

36/95) is amended by this Regulation.

Section 4 is amended by adding the following after subsection (7):

(8) The following prices are prescribed for the July, 1995 production

month:

Item Price

Gas Reference Price $ 1.10 per gigajoule

Gas Par Price $ 1.27 per gigajoule

Pentanes Reference Price $141.35 per cubic metre

Pentanes Par Price $148.99 per cubic metre

Propane Reference Price $ 82.18 per cubic metre

Butanes Reference Price $ 78.84 per cubic metre

Section 5 is amended by adding the following after subsection (7):

(8) The following allowances per cubic metre are prescribed for the

July, 1995 production month:

Item Price

Fractionation Allowance $8.50

Transportation Allowance Region Region Region Region

1 2 3 4

(

a) pentanes plus described in s6(7)(b)(

i) of the Natural Gas

Royalty Regulation, 1994 (Alta. Reg. 351/93)

$ 3.56 $ 7.29 $ 8.32 $11.84

(

b) propane and butanes described in s6(7)(b)(ii) of the Natural

Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)

$12.02 $4.56 $8.47 $ 2.15

(

c) pentanes plus, propane and butanes described in s6(7)(b)(iii)

of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)

$ 7.28 $8.35 $1.08 $12.55

Storage Allowance for pentanes plus, propane and butanes

$0.00

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

Alberta Regulation 239/95

Safety Codes Act

AMENDMENTS TO THE CANADIAN ELECTRICAL

CODE,

PART I, SEVENTEENTH EDITION REGULATION

Filed: September 27, 1995

Made by the Lieutenant Governor in Council (O.C. 620/95) pursuant to

section 61 of the Safety Codes Act.

1 The Canadian Electrical Code,

Part I, Seventeenth Edition, CSA Standard

C22.1-1994, is amended by this Regulation.

Section 0 Object, Scope and Definition is amended by striking out

"Approved as applied to electrical equipment" and substituting the

following:

"Approved as applied to electrical equipment" means the equipment has

been:

(

a) certified by an acceptable certification agency and

bears evidence of certification in the form of an authorized marking; or

(

b) examined by an acceptable certification

organization and bears evidence of special inspection in the form of an

authorized label;

This definition comes into force on January 1, 1996.

3 The following is added after Rule 2-000:

2-001 Other Regulations.

In the event of a conflict between a rule in this Code, and an

Alberta Regulation adopted under the Safety Codes Act, the Alberta

Regulation shall prevail.

4 Rule 6-112 Support for the Attachment of Overhead Supply or Consumer

Service Conductors is amended in Subrule (2) by striking out Paragraphs (

a) to (

d) and substituting the following:

(

a) Over right of way of underground pipelines 5.8 m;

(

b) Across roads and highways 5.7 m;

(

c) Across or along lanes, alleys or entrances

to commercial or industrial premises 5.2 m;

(

d) Across or along rural areas likely to be

travelled by agricultural and other equipment not

exceeding 4.3 m 4.6 m;

(

e) Over flat roofs (readily accessible surfaces)

or metal clad peaked roofs 3.0 m;

(

f) Across or alongside driveways to residences

or residential garages 4.5 m;

(

g) Over peaked roofs 1.0 m;

(

h) Across walkways or ground normally accessible to pedestrians

only 4.0 m;

5 Rule 6-300 Underground Consumer's Services, is amended in Subrule

(1)(

b) by striking out Subparagraph (

i) and substituting the following:

(

i) The conductors or cables are buried below finished grade at a

minimum depth of 900 mm and the installation is otherwise in accordance

with Rule 12-012, and

6 Rule 12-010 Wiring in Ducts and Plenum Chambers is amended in Subrule

(4) by striking out "Notwithstanding Subrule (3)" and substituting

"Notwithstanding Rule 12-100".

7 Rule 12-012 Underground Installations is amended by striking out

Subrule (2) and substituting the following:

(2) Direct buried conductors or cables that do not have a metal

their construction shall be provided with mechanical protection, but the

mechanical protection may, with special permission, be omitted if:

(

a) The conductors are not service conductors or high

voltage conductors; and

(

b) The conductors are buried to a minimum depth of 900

mm.

8 Rule 12-304 Location of Conductors is amended in Subrule (1) by adding

"or other structures" after "buildings".

9 Rule 12-306 Conductor Supports is amended by adding the following after

Subrule (4):

(5) Wood poles used for the support of overhead conductors shall be

treated with an acceptable preservative to prevent premature rotting and

shall:

(

a) Be of sufficient length to provide the conductor

clearances specified in Rule 12-310; and

(

b) Be guyed where necessary to maintain the specified

clearances; and

(

c) Have a minimum circumference at the top of 430 mm;

and

(

d) Have a minimum circumference measured at a point

1.8 m from the butt of:

(i) 700 mm - for poles not exceeding 7.7 m

in length; or

(ii) 760 mm - for poles exceeding 7.7 m but

not exceeding 9.2 m; or

(iii) 810 mm - for poles exceeding 9.2 m but

not exceeding 11.0 m; or

(iv) 860 mm - for poles exceeding 11.0 m but

not exceeding 12.2 m; and

(

e) Be set in the ground a minimum depth of:

(i) 1.5 m - for poles not exceeding 7.7 m

in length; or

(ii) 1.6 m - for poles exceeding 7.7 m but

not exceeding 9.2 m; or

(iii) 1.8 m - for poles exceeding 9.2 m but

not exceeding 12.2 m;

except that for poles set in rock, concrete, or fabricated

bases, this depth may be reduced by special permission.

10 Rule 12-310 Clearance of Conductors is struck out and the following is

substituted:

12-310 Clearance of Conductors

(1) Overhead conductors shall be so installed and maintained that

the minimum clearance above finished grade complies with that specified in

Rule 6-112.

(2) Conductors shall be located or guarded so they cannot be reached

from a window, doorway, fire escape or other readily accessible surface.

(3) The minimum horizontal clearance between overhead conductors,

operating at 750 V or less, and a water well shall be 2 m.

11 Rule 12-312 Conductors Over Buildings is struck out and the following

is substituted:

12-312 Conductors Over Buildings. Conductors operating at voltages

in excess of 750 V shall not be carried over buildings without special

permission and work shall not begin until the plans and specifications for

the work are acceptable to the authority having jurisdiction.

12 Rules 12-1200 to 12-1212 are struck out and the following rules are

substituted:

12-1200 Scope. Rules 12-1202 to 12-1220 apply only to the

installation of rigid RE conduit Type AG and Type BG.

12-1202 Use

(1) Rigid RE conduit Type AG and Type BG shall be permitted to

be installed.

(

a) Underground in accordance with Rule 12-012; and

(

b) In walls, floors, and ceilings where encased or

imbedded in at least 50 mm or masonry or poured concrete.

(2) Rigid RE conduit Type AG shall, in addition to the

locations permitted in Subrule (1) be permitted for exposed and concealed

locations.

12-1204 Restrictions on Use (see Appendix B note on Rule 12-1102).

Rigid RE conduit shall not be used:

(

a) In hazardous locations as covered by

Section 18; or

(

b) In buildings required to be of noncombustible

construction, unless it has a flame spread rating and smoke developed

classification as specified in the National Building Code of Canada.

12-1206 Mechanical Protection. Rigid RE conduit shall be provided

with mechanical protection where exposed to damage either during

installation or afterwards.

12-1208 Field Bends. Rigid RE conduit shall not be bent in the

field.

12-1210 Temperature Limitations. Rigid RE conduit shall not be used

where normal conditions are such that any part of the conduit is subjected

to a temperature in excess of 110øC.

12-1212 Fittings. Rigid RE conduit shall be threaded but shall be

used with adapters and couplings specifically designed for the purpose.

12-1214 - Expansion Joints (see Appendix B note on Rules 12-1012 and

12-1118). Except where encased in concrete, at least one expansion joint

shall be installed in any conduit run where the expansion of the conduit

due to the maximum probable temperature change during and after

installation will exceed 45 mm.

13 Rule 12-1402 Use is amended in Subrule (1) by adding the following

after Paragraph (f):

(

g) Where it would be subject to excessive vibration.

14 Rule 26-754 Infra-red Drying Lamps is amended by adding the following

after Paragraph (d):

(

e) Heat lamps that are used for special applications such as

brooders shall be used only in fixture assemblies specifically approved for

the purpose and shall:

(

i) Be installed or guarded in a manner that will

provide mechanical protection; and

(ii) Be kept at least 450 mm clear of combustible

material; and

(iii) Be supported independently of the supply cord by a

chain, wire, or bracket, if of the pendant type.

15 Rule 30-904 Overcurrent Protection of High-Intensity Discharge

Lighting Equipment is struck out and the following is substituted:

30-904 Overcurrent Protection of Luminaires

(1) Luminaires shall be protected by overcurrent devices in

accordance with Rule 30-104.

(2) Overcurrent devices shall not be installed in a

high-intensity discharge luminaire or separate ballast enclosure unless the

combination is approved for the purpose and is so marked.

16 Rule 66-100 Supporting of Conductors is amended by striking out

Subrule (3) and substituting the following;

(3) Overhead conductors shall have a vertical clearance to finished

grade of not less than that prescribed in Rule 6-112 (2).

17 Rule 68-058 Bonding to Ground is amended by striking out Subrule (7).

18 Rule 68-302 is amended by adding Subrule (3) as follows:

(3) Subject to Subrule (2) and notwithstanding Subrule 68-068(6),

ground fault circuit interrupters shall be permitted to be closer to the

pool than 3 m but not less than 1.5 m from the pool wall.

19 The following is added after Rule 68-400:

68-401 Protection.

Electrical equipment forming an integral part of a spa or hot tub

shall be protected by a ground fault circuit interrupter of the Class A

type.

20 Rule 80-008 Branch Circuit is amended by striking out Paragraph (c).

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

Alberta Regulation 240/95

Franchises Act

FRANCHISES REGULATION

Filed: September 27, 1995

Made by the Lieutenant Governor in Council (O.C. 622/95) pursuant to

section 20 of the Franchises Act.

Table of Contents

Definitions 1

Disclosure document 2

Financial statements 3

Fractional franchise 4

Fully-refundable deposit 5

Total annual investment 6

Notice of misrepresentation 7

Repeal 8

Expiry 9

Coming into force 10

Schedules

Definitions

1(1) In this Regulation,

(a) "Act" means the Franchises Act,

chapter F-17.1 of the Statutes

of Alberta, 1995;

(b) "franchisor outlet" means an outlet owned by the franchisor, by

a corporation that controls the franchisor or by a corporation that is

controlled by the franchisor.

(2) Words and expressions defined in the Act have corresponding meanings

in this Regulation.

Disclosure document

2(1) A disclosure document must contain all material facts including

material facts relating to the matters set out in

Schedule 1.

(2) A franchisor may use a document authorized under the franchise law of

a jurisdiction outside Alberta as its disclosure document to be given to a

franchisee, if supplementary information is included that sets out any

material changes to the document from that jurisdiction so that it complies

with the requirements of this Regulation.

(3) A disclosure document, including any material changes made in respect

of a disclosure document, must include a certificate set out in

Schedule 2

that must be dated and must be signed

(

a) by at least 2 officers or directors of the franchisor, or a

combination of them totaling at least 2, if the franchisor has 2 or more

directors or officers,

(

b) if the franchisor has only one director or officer, by that

person, or

(

c) if the franchisor is not a corporation, by the franchisor.

(4) A disclosure document is properly given for the purposes of

section

13 of the Act if the document is substantially complete.

(5) The date of a disclosure document is the date set out in the

certificate referred to in subsection (3).

Financial statements

3(1) Financial statements of the franchisor must be prepared in accordance

with generally accepted accounting principles for the jurisdiction in which

the franchisor is based.

(2) The minimum scope of review of the financial statements must be in

accordance with the review standards and reporting standards applicable to

review engagements set out in the Canadian Institute of Chartered

Accountants Handbook.

(3) Review standards and reporting standards of other jurisdictions that

are at least equivalent to subsection (2) are acceptable.

(4) The financial statements must be for the most recently completed

fiscal year.

(5) If 180 days have not yet passed since the end of the most recently

completed fiscal year and financial statements have not been prepared and

reported on for that fiscal year, the financial statements for the previous

fiscal year may be included.

(6) If

(

a) the franchisor has not completed one fiscal year of operation,

(b) 180 days has not yet passed since the end of the first fiscal

year of operation and financial statements have not been prepared and

reported on for that fiscal year,

the disclosure document must include the franchisor's opening balance

sheet.

Fractional franchise

4 The percentage, for the purposes of the definition of "fractional

franchise" in the Act, is 20%.

Fully-refundable deposit

5 The maximum amount of a fully-refundable deposit referred to in

section

4(8) of the Act is 15% of the initial franchise fee.

Total annual investment

6(1) The maximum total annual investment for the purposes of

section

5(1)(

e) of the Act is $5000.

(2) In calculating the total annual investment, the cost of acquiring

pre-sold inventory or of purchasing reasonable quantities of inventory, if

there is a reasonable buy-back policy for unsold inventory, is not to be

included.

Notice of misrepresen-tation

7(1) A notice under

section 10 of the Act must be given to the franchisee

and the franchisor.

(2) The person giving the notice must make all reasonable efforts to

ensure that the notice is received by the franchisor and franchisee.

(3) The notice must be published in a daily newspaper having general

circulation in Edmonton and in a daily newspaper having general circulation

in Calgary.

(4) The notice must,

(

a) for the purpose of

section 10(2)(

a) of the Act, include a

statement that the disclosure document was given without that person's

consent, or

(

b) for the purpose of

section 10(2)(

b) of the Act, include a

statement that the person has withdrawn his consent to the disclosure

document and the reasons for doing so.

Repeal

8 The Franchises Regulation (Alta. Reg. 201/72) is repealed.

Expiry

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

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

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

on December 31, 2000.

Coming into force

10 This Regulation comes into force on November 1, 1995.

SCHEDULE 1

1 Franchisor Information

Provide the following in a

summary form:

(

a) the name and address of the franchisor;

(

b) the name under which the franchisor does or intends

to do business;

(

c) the principal business address of the franchisor

and, if the franchisor has an attorney for service in Alberta, the name and

address of that person;

(

d) the business form of the franchisor;

(

e) the length of time the franchisor has conducted a

business of the type to be operated by the franchisee;

(

f) the length of time the franchisor has offered

franchises for the same type of business as that to be operated by the

franchisee;

(

g) whether the franchisor has offered franchises in

other lines of business, including

(

i) a description of each other line of

business,

(ii) the number of franchises sold in the

previous 5 years in each other line of business, and

(iii) the length of time the franchisor has

offered franchises in other lines of business;

(

h) the names of the directors, general partners and

officers of the franchisor who will have management responsibilities

relating to the franchise. State each person's principal occupation and

employers during the 5 years preceding the date of the disclosure document.

For the purposes of clause (h), the information need only be provided

for those directors, general partners and officers of the franchisor who

will have day to day management responsibilities relating to the franchise.

2 Previous Convictions and Pending Charges

Provide details on convictions for the previous 10 years relating to

the franchisor and its associates and any of the directors, general

partners and officers of the franchisor who have management

responsibilities relating to the franchise

(

a) for the commission of indictable offences (or

equivalent in other jurisdictions, including pleading no contest to any

offence) involving franchises or other businesses, and

(

b) for the commission of offences involving fraud,

embezzlement, unfair or deceptive acts or practices or other comparable

offences.

Provide details relating to the franchisor and its associates and

any of the directors, general partners and officers of the franchisor who

have management responsibilities relating to the franchise on currently

pending

(

a) indictable offences involving franchises or other

businesses, and

(

b) offences involving fraud, embezzlement, unfair or

deceptive acts or practices or other comparable offences.

3 Civil Litigation and Liabilities

Provide details relating to the franchisor and its associates and to

any of the directors, general partners and officers of the franchisor who

have management responsibilities relating to the franchise on any finding

of liability in a civil action or on any pending actions involving

franchises or other businesses, involving misrepresentation, unfair or

deceptive acts or practices and comparable actions.

4 Administrative Proceedings and Existing Orders

Provide details relating to the franchisor and its associates and to

any of the directors, general partners and officers of the franchisor who

have management responsibilities relating to the franchise on any currently

effective injunctive or restrictive orders imposed by, or any pending

administrative actions to be heard before, any public agency, whether in

Alberta or outside Alberta, involving franchises or other businesses.

5 Bankruptcy

Provide details of any bankruptcy or insolvency proceedings,

voluntary or otherwise, in the previous 6 years

(

a) against the franchisor and its associates,

(

b) against a corporation, any of whose directors or

officers are currently directors, general partners and officers of the

franchisor who have management responsibilities relating to the franchise,

and

(

c) against a partnership whose general partners are

currently directors, general partners and officers of the franchisor who

have management responsibilities relating to the franchise.

6 Nature of the Business

Describe the franchisor's business and the franchises to be offered

in Alberta.

7 Initial Franchise Fee and Other Fees

Disclose the initial franchise fee and state the conditions when this

fee is refundable.

Disclose other recurring or isolated fees or payments that the

franchisee must pay to the franchisor or its associates or that the

franchisor or its associates impose or collect in whole or in part on

behalf of a third party. If any fee is refundable, state the conditions

when each fee or payment is refundable.

8 Initial Investment Required

Provide details of the initial investment required by the franchisee

to start business operations.

9 Financing

the franchisor offers directly or indirectly to the franchisee.

10 Working Capital

If an estimate of working capital is provided, the information must

(

a) have a reasonable basis at the time it is made, and

(

b) include the material assumptions underlying its

preparation and presentation.

If an estimate of working capital is not provided, the disclosure

document must include a statement that additional funds will be required to

finance operations until a positive cash flow is produced.

11 Restrictions on Sources of Products and Services and on What

Franchisees May Sell

Disclose franchisee obligations to purchase or lease from the

franchisor or its associates or from suppliers approved by the franchisor

or its associates or under the franchisor's or associate's specifications.

Disclose restrictions or conditions imposed by the franchisor or its

associates

(

a) on the goods or services that the franchisee may

sell, or

(

b) that limit the customers to whom the franchisee may

sell goods or services.

12 Rebates or Other Benefits to the Franchisor

State whether or not there are any rebates or other benefits that the

franchisor or its associates may receive or are receiving as a result of

the purchase of goods or services by franchisees. Indicate if any of these

rebates or benefits are shared with franchisees, either directly or

indirectly.

13 Obligations to Participate in the Actual Operation of the Franchise

Business

State whether or not the franchisor requires the franchisee to

participate personally in the direct operation of the franchise business.

14 Existing Franchisee and Franchisor Outlets

Provide, with respect to the same type of franchise being offered,

the names, mailing addresses and phone numbers of all existing franchisees

presently operating an outlet in Alberta and the addresses and phone

numbers of those outlets.

Provide, with respect to the same type of franchise being offered,

the addresses and phone numbers of all existing franchisor outlets

presently operating in Alberta.

If there are less than 20 franchisee outlets in operation in Alberta

and there are franchisee outlets outside Alberta, provide information on

additional outlets that are geographically closest to Alberta until

information on 20 outlets is provided.

If the total number of franchisee outlets in operation in Alberta and

outside Alberta is less than 20, information is only required for the total

number of franchisee outlets in operation.

15 Franchise Closure

Provide information about closures of franchisee outlets or

franchisor outlets, in the same type of franchise being offered, including

the total number of franchises in the total operating territory of the

franchisor within the previous 3 fiscal years that have

(

a) been terminated or cancelled by the franchisor,

(

b) not been renewed by the franchisor,

(

c) been reacquired by the franchisor, or

(

d) otherwise left the system.

Provide the name, last known address and telephone number of every

former franchisee in the total operating territory of the franchisor whose

franchise has been terminated, cancelled, not renewed, reacquired by the

franchisor or otherwise left the system within the previous fiscal year.

16 Earnings Claims

If information is given or is to be given, by or on behalf of the

franchisor or its associate, to a prospective franchisee from which a

specific level or range of actual or potential sales, costs, income or

profit from franchisee outlets or franchisor outlets can be easily

ascertained, the information must

(

a) have a reasonable basis at the time it is made,

(

b) include the material assumptions underlying its

preparation and presentation, whether it is based on actual results of

existing outlets and the percentage of outlets that meet or exceed each

range of results, and

(

c) indicate the place where substantiating information

is available for inspection by the franchisee.

If information is given in respect of a franchisor outlet, the

franchisor must state that the information may differ in respect of a

franchise outlet.

17 Termination, Renewal and Transfer of the Franchise

Disclose whether or not there are provisions in the franchise

agreement that deal with renewal, termination and transfer of the franchise

and, if so, where in the contract these provisions can be found.

18 Territory

Describe any exclusive territory granted the franchisee.

Disclose the franchisor's policy, if any, as to how proximate to an

existing franchisee outlet

(

a) the franchisor may establish another franchise,

(

b) a franchisor outlet may be established,

(

c) the franchisor may establish other methods of

distribution using the franchisor's trademark, service mark, trade name or

logotype,

(

d) the franchisor may establish other franchises that

distribute similar products or services under a different trademark,

service mark, trade name or logotype, and

(

e) a franchisor outlet may be established that

distributes similar products or services under a different trademark,

service mark, trade name or logotype.

Disclose the franchisor's policy, if any, as to whether the

continuation of the franchisee's territory depends on the achievement of a

certain sales volume, market penetration or other contingency and under

what circumstances the franchisee's territory may be altered.

19 Notice of Rescission and Effect of Cancellation

Quote sections 13 and 14 of the Act.

20 Right of Action for Damages

Quote

section 9 of the Act.

21 Financial Statements

Financial statements must be included in the disclosure document and

must comply with sections 2 and 3 of the Regulation.

If the franchisor does not include its financial statements in the

disclosure document on the basis that it qualifies under a Ministerial

exemption, disclose this fact.

SCHEDULE 2

CERTIFICATE

The information provided in the disclosure document, or in any changes made

in respect of the disclosure document,

(

a) contains no untrue information of a material fact,

(

b) does not omit to state a material fact that is required to be

stated, and

(

c) does not omit to state a material fact that needs to be stated

in order for the information not to be misleading.

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

Alberta Regulation 241/95

Health Insurance Premiums Act

HEALTH INSURANCE PREMIUMS AMENDMENT REGULATION

Filed: September 27, 1995

Made by the Lieutenant Governor in Council (O.C. 628/95) pursuant to

section 2 of the Health Insurance Premiums Act.

1 The Health Insurance Premiums Regulation (Alta. Reg. 217/81) is amended

by this Regulation.

Section 8.2(1) is amended:

(

a) in clause (

a) by striking out "$18 001" and substituting "$18

062" , by striking out "$20 560" and substituting "$20 781" and by striking

out "$18 000" and substituting "$18 061";

(

b) in clause (

b) by striking out "$23 001" and substituting "$24

342", by striking out "$28 120" and substituting "$29 781" and by

striking out "$23 000" and substituting "$24 341";

(

c) in clause (

c) by striking out "$27 001" and substituting "$27

123", by striking out "$32 120" and substituting "$32 562" and by

striking out "$27 000" and substituting "$27 122".

Alberta Regulation 242/95

Medical Profession Act

MEDICAL PROFESSION AMENDMENT BY-LAW

Filed: September 27, 1995

Approved by the Lieutenant Governor in Council (O.C. 242/95) pursuant to

section 32 of the Medical Profession Act.

1 The Medical Profession By-laws (Alta. Reg. 129/91) are amended by this

By-law.

2 The following is added after

section 6:

Registration in formation form

6.1 For the purposes of sections 20(1)(a.1), 23(1.1)(

b) and 30 of

the Act, a registration information form must be in the form set out in the

Schedule.

3 The

Schedule attached to this Regulation is added after

section 8.

4 This Regulation comes into force on October 1, 1995.

Alberta Regulation 243/95

Agriculture Financial Services Act

AGRICULTURE FINANCIAL SERVICES AMENDMENT REGULATION

Filed: September 27, 1995

Made by the Lieutenant Governor in Council (O.C. 632/95) pursuant to

sections 17, 37 and 53 of the Agriculture Financial Services Act.

1 The Agriculture Financial Services Regulation (Alta. Reg. 174/94) is

amended by this Regulation.

2 The following is added after

section 6:

Appeals

6.1(1) For the purposes of dealing with disputes arising out of

applications for loans, under contracts of insurance or under other

assistance, the Board shall establish one or more appeal committees.

(2) An appeal committee shall consist of Board members and other

persons appointed by the Board.

(3) Board members may not form the majority of any appeal committee.

(4) Every appeal committee

(

a) shall be guided by the principles of natural

justice, and

(

b) is bound by the policies of the Corporation.

(5) Every appeal committee shall establish its own rules of

procedure, subject to the following guidelines:

(

a) the strict legal rules of evidence need not be

followed;

(

b) representation of appellants or the Corporation by

third parties, including legal counsel, is not prohibited;

(

c) each party appearing before an appeal committee is

responsible for its own costs, regardless of the decision of the appeal

committee.

(6) The decision of every appeal committee is final and binding on

the appellant and on the Corporation, subject only to a right of

application for judicial review by the appellant or the Corporation on

questions of law or jurisdiction.

(7) An appeal under subsection (6) must be commenced within 30 days

of the date of the decision of the appeal committee.

Section 43 is repealed.

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

Alberta Regulation 244/95

Public Health Act

FOOD AMENDMENT REGULATION

Filed: September 27, 1995

Made by the Lieutenant Governor in Council (O.C. 631/95) pursuant to

section 75 of the Public Health Act.

1 The Food Regulation (Alta. Reg. 240/85) is amended by this Regulation.

Section 57 is amended by repealing clauses (

a) and (

b) and by adding

"meet the mechanical dishwashing requirements set out in the Alberta

Dishwashing Standards published by the Department." after "must".

Section 85 is repealed.

Section 94.4 is repealed.

Alberta Regulation 245/95

Dairy Board Act

DAIRY CONTROL BOARD, 1979 AMENDMENT REGULATION

Filed: September 27, 1995

Approved by the Lieutenant Governor in Council (O.C. 633/95) pursuant to

section 11 of the Dairy Board Act.

1 The Dairy Control Board Regulation, 1979 (Alta. Reg. 284/79) is amended

by this Regulation.

Section 1 is amended

(

a) in clause (c)

(

i) by striking out "qualifying";

(ii) by striking out "Class I" and substituting "class

1";

(

b) in clause (f.1) by striking out "qualifying" and "qualified";

(

c) by adding the following after clause (h):

(h.05) "marketing" means selling, reselling,

offering for sale, keeping for sale, buying, pricing, assembling, packing,

handling, storing, delivering or transporting;

(

d) in clause (

k) by striking out "qualifying";

(

e) by repealing clause (

l) and substituting the following:

(l) "producer" means a person who produces milk from

any cow or herd of cows under that person's control and who markets milk to

another person;

(

f) in clause (l.1)

(

i) by striking out "qualifying";

(ii) by striking out "sells, keeps for sale, distributes

or delivers" and substituting "markets or distributes";

(

g) in clause (

m) by striking out "Dairymen's" and substituting

"Dairy Industry";

(

h) by repealing clauses (m.1) and (n);

(

i) in clause (n.1) by striking out "qualifying" and "qualified";

(

j) in clause (o.1)

(

i) by striking out "qualifying";

(ii) by striking out "alloted" and substituting

"allotted".

Section 3 is amended by striking out "keep for sale or sell qualifying"

and substituting "market".

Section 5(1) is amended by striking out ", (4) and (5)" and

substituting "and (4)".

Section 5(2) is amended

(

a) by striking out "qualifying";

(

b) by striking out "board" and substituting "Dairy Board".

Section 7(2.1) is amended by striking out "hold for sale or sell" and

substituting "market".

7 The heading to

section 28 is amended by striking out "Qualifying".

Section 28 is amended

(

a) in subsection (1) by striking out "Qualifying milk" and

substituting "Milk";

(

b) by repealing subsections (2) and (3) and substituting the

following:

(2) Milk shall be classified as follows:

(

a) class 1 milk, which consists of the

following sub-classes of milk:

(

i) sub-class 1a milk, which

means milk in liquid form and includes 3.25% milk, 2% milk, 1% milk, skim

milk, modified enriched milk, kosher milk and all types of U.H.T. milk;

(ii) sub-class 1b milk, which

means cream in liquid form and includes whipping cream, 18% cream, 10%

cream and all types of U.H.T. cream;

(iii) sub-class 1c milk, which

means specialty milk in liquid form and includes buttermilk, eggnog,

cordials, acidophilus milk, kefir, chocolate milk, flavoured drink and

concentrated liquid milk;

(iv) sub-class 1d milk, which

means milk in liquid form that is marketed in the Yukon Territory, the

Northwest Territories or off- shore within the meaning of subsection (3);

(

b) class 2 milk, which means milk used in

the manufacture of sour cream, yogurt, cultured products, ice cream, frozen

yogurt or other frozen products, meal replacement beverages, soup bases,

puddings, whipped milk or infant formulas;

(

c) class 3 milk, which consists of the

following sub-classes of milk:

(

i) sub-class 3a milk, which

means milk used in the manufacture of cottage cheese, fresh curd or any

other cheese which, in the opinion of the Dairy Board, is specialty cheese;

(ii) sub-class 3b milk, which

means milk used in the manufacture of cheddar cheese, light cheddar cheese,

kosher cheddar cheese, stirred curd creamy cheese bases or cheese mixes;

(

d) class 4 milk, which consists of the

following sub-classes of milk:

(

i) sub-class 4a milk, which

means milk used in the manufacture of all types of butter, all types of

milk powder, casein, caseinate, condensed milk as an ingredient in the food

industry and butteroil;

(ii) sub-class 4b milk, which

means milk used in the manufacture of condensed milk and sweetened

condensed milk for retail sale;

(iii) sub-class 4c milk, which

means milk used in the manufacture of classified products designated by the

Dairy Board as new to the Alberta market;

(iv) sub-class 4d milk, which

means milk

(

A) used in the

manufacture of processed animal feed or a new product that has not yet been

classified, or

(

B) milk involved in

inventory and plant losses within the meaning of subsection (4);

(

e) class 5 milk, which consists of the

following sub-classes of milk:

(

i) sub-class 5a milk, which

means milk used for the further processing of cheese products;

(ii) sub-class 5b milk, which

means milk used for the further processing of non-cheese products;

(iii) sub-class 5c milk, which

means milk used for confectionary products;

(iv) sub-class 5d milk, which

means milk used for processing into products not mentioned in subclause

(i), (ii) or (iii);

(

v) sub-class 5e milk, which

means milk used for Plan C of the Comprehensive Milk Marketing Plan or

preemptive surplus removal by the Canadian Dairy Commission, or both.

(3) For the purposes of subsection (2)(a)(iv), milk is

marketed off-shore if it is marketed

(

a) outside Canada,

(

b) to a bonded warehouse or a ship

chandler for marketing outside Canada, or

(

c) to a foreign registered cruise ship

operating in, or a foreign registered ship normally operating outside,

Canadian territorial waters, other than one owned or operated by the

(4) For the purposes of subsection (2)(d)(iv),

"inventory and plant losses" means milk receiving and processing losses as

confirmed by audit, including extraordinary losses such as transportation

or silo accidents, spillage prior to processing, processing losses in the

production of finished products, class 1 returns and unaccounted milk

losses at the processing plant up to 2% of plant receipts.

(5) Losses in excess of the 2% of plant receipts

referred to in subsection (4) shall be prorated to each class and sub-class

produced in the plant.

Section 29 is amended

(

a) in subsection (1) by striking out "qualifying" and "Control";

(

b) in subsection (2)

(

i) by striking out "Class I" and substituting "class

1";

(ii) by striking out "Alberta".

Section 31 is amended

(

a) by adding "Dairy" before "Board";

(

b) by striking out "qualifying".

11 The heading preceding

section 32 is amended by striking out

"Qualifying".

Section 32 is amended

(

a) by striking out "qualifying" wherever it occurs;

(

b) in subsection (1)(

a) by striking out "Control".

13 The heading preceding

section 33 is amended by striking out

"Qualifying".

Section 33 is amended by striking out "qualifying" wherever it occurs.

Section 34(1) is amended

(

a) in clause (a)

(

i) by striking out "qualifying";

(ii) by striking out "quotas" and substituting "fluid

quota";

(iii) by striking out "Class II, IIIA, IIIB, IIIC and IV"

and substituting "classes 2, 3, 4 and 5";

(

b) in clause (

c) by adding "adjustments and interest for the

special class pool described in

section 34.1," after "corrections," .

16 The following is added after

section 34:

Calculation of the Special Class Milk Pool

34.1(1) The Dairy Board shall for each month calculate the producer

price for the national special class pool.

(2) Based on volumes of milk and milk components, that is,

butterfat, protein and other solids used in special class products in

Canada, the Dairy Board shall ensure that it receives from the Canadian

Dairy Commission a monthly report on the portion of total milk deliveries

that will be pooled.

(3) The Dairy Board shall remit to or receive from the Canadian

Dairy Commission an amount necessary to account for Alberta's share of the

national special class pool.

(4) The Dairy Board shall deduct any amount remitted to the Canadian

Dairy Commission from the total value of milk.

(5) The Dairy Board shall estimate any deductions from producers for

the month in which the deliveries were made.

(6) In the month following, the Dairy Board shall include a complete

accounting in the computation of the total value of milk.

(7) The Dairy Board shall include receipts from the Canadian Dairy

Commission in computing the total value of milk in the month in which they

are received.

17 The heading preceding

section 35 is amended by striking out

"Qualifying".

Section 35 is amended by striking out "qualifying" wherever it occurs.

19 The heading preceding

section 36 is amended by striking out

"Qualifying".

Section 36 is amended by striking out "qualifying" wherever it occurs.

21 The heading preceding

section 37 is amended by striking out

"Qualifying".

Section 37 is amended by striking out "qualifying".

Section 38 is amended by striking out "qualifying" wherever it occurs.

Section 39 is amended by striking out "qualifying" wherever it occurs.

Section 42(

a) is amended by striking out "Class I" and substituting

"class 1".

26 Sections 42(

b) and 43(

a) and (

b) are amended by striking out

"qualifying".

Section 51 is amended by striking out "sell" and "sold" wherever they

occur and substituting "market" and "marketed" respectively.

Section 57(1) is amended by striking out "qualifying".

Schedule 1 is amended in

section 1

(

a) by striking out "Class" and substituting "class";

(

b) by repealing clause (

b) and substituting the following:

(

b) one litre of the following products equals 93%

class 1 milk:

(

i) chocolate 2%;

(ii) UHT 2%;

(b.1) one litre of chocolate partly skimmed 1% milk

equals 94% class 1 milk;

(

c) by striking out "I" wherever it occurs elsewhere and

substituting "1";

(

d) in clause (

d) by striking out "50% class I" and substituting

"80% class 1".

Alberta Regulation 246/95

Farm Implement Act

FARM IMPLEMENT AMENDMENT REGULATION

Filed: September 27, 1995

Made by the Lieutenant Governor in Council (O.C. 634/95) pursuant to

sections 29 and 2 of the Farm Implement Act.

1 The Farm Implement Regulation (Alta. Reg. 204/83) is amended by this

Regulation.

Section 1 is amended

(

a) in clause (

a) by striking out "$1000" and substituting "$4000";

(

b) in clause (

d) by striking out "15 kilowatts" and substituting

"22.35 kilowatts".

3 The following is added after

section 2:

2.1 Inspectors are designated as persons who may issue licences on

behalf of the Minister.

Section 3(1) is amended

(

a) by striking out "other person designated under the regulations

as a person who may issue licences on behalf of the Minister" and

substituting "inspector";

(

b) in clause (

b) by striking out "other person" and substituting

"inspector".

Section 3(2) is amended by striking out "other person" and substituting

"inspector".

6 The

Schedule is amended

(

a) in Form A by striking out the following:

Agriculture Building

9718 - 107 Street

Edmonton, Alberta T5K 2C8

Phone: 403-427-2188

(

b) in Form D by striking out the following:

Agriculture Building

9718 - 107 Street

Edmonton, Alberta T5K 2C8

Phone 403-427-2188

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

Alberta Regulation 247/95

Livestock and Livestock Products Act

LIVESTOCK PATRON'S ASSURANCE FUND AMENDMENT REGULATION

Filed: September 27, 1995

Made by the Lieutenant Governor in Council (O.C. 635/95) pursuant to

section 15 of the Livestock and Livestock Products Act.

1 The Livestock Patron's Assurance Fund Regulation (Alta. Reg. 418/91) is

amended by this Regulation.

Section 4(1) is amended

(

a) by repealing clause (

a) and substituting the following:

(

a) when the agreement to sell the prescribed livestock

was made, the prescribed livestock were alive and in Alberta, Dawson Creek,

British Columbia or Lloydminster, Saskatchewan;

(

b) by repealing clause (a.1) and substituting the following:

(a.1) if the prescribed livestock came from the patron's

farming operations outside of Alberta or if the prescribed livestock were

sold in Dawson Creek, British Columbia or Lloydminster, Saskatchewan, the

livestock were in Alberta for a minimum of 30 days immediately before the

sale;

(

c) by repealing clause (

b) and substituting the following:

(

b) the prescribed livestock were, for the purposes of

the sale, inspected by

(

i) an inspector as defined in the

Livestock Identification and Brand Inspection Act, or

(ii) in the case of prescribed livestock

sold in Dawson Creek, British Columbia or Lloydminster, Saskatchewan, an

inspector appointed under legislation of the jurisdiction in which the sale

took place;

Section 5(1) is repealed and the following is substituted:

Levies

5(1) In this section, "eligible sale" means a sale by a patron of

prescribed livestock to a licensed livestock dealer or an out of province

livestock dealer

(

a) in which the prescribed livestock were alive and in

Alberta when the agreement to sell the livestock was made, or

(

b) in which the prescribed livestock were alive and in

Dawson Creek, British Columbia or Lloydminster, Saskatchewan when the

agreement to sell the livestock was made.

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

Alberta Regulation 248/95

Agricultural Pests Act

PEST AND NUISANCE CONTROL AMENDMENT REGULATION

Filed: September 29, 1995

Made by the Minister of Agriculture, Food and Rural Development pursuant to

section 21 of the Agricultural Pests Act.

1 The Pest and Nuisance Control Regulation (Alta. Reg. 406/86) is amended

by this Regulation.

Section 1 is amended

(

a) by repealing clause (c);

(

b) by adding the following after clause e:

(e.1) "land holder" means a land owner or the occupant or

lessee of land;

(

c) by adding the following after clause (f):

(f.1) "poisonous material" means any equipment or

substance used to poison a coyote or skunk, including

(

i) substances that contain strychnine,

sodium cyanide and sodium monofluoroacetate, and

(ii) M-44 devices, coyote getter devices and

their components;

(

d) in clause (

i) by striking out "situate" and substituting

"situated".

3 Sections 14 and 15 are repealed and the following is substituted:

Coyote and skunk control

14(1) No person shall handle, use, move, alter or remove

(

a) poisonous material, a neck snare or foot trap to

control coyotes,

(

b) poisonous material to control skunks, or

(

c) a Department of Agriculture, Food and Rural

Development of the Government of Alberta poster warning of the use of

poisonous materials, neck snares or foot traps

unless the person holds a permit in Form 6 or Form 7.

(2) Only a person who holds a permit in Form 6 may issue a permit in

Form 7 and issue poisonous materials to control coyotes or skunks, or neck

snares to control coyotes.

(3) The Minister may issue a permit in Form 6 to a person who is

trained by the Department of Agriculture, Food and Rural Development of the

Government of Alberta.

(4) The holder of a permit in Form 6 shall not set poisonous

materials, neck snares or foot traps to control coyotes or set poisonous

materials or live capture traps to control skunks without first obtaining

permission on a permit in Form 7 from the land holder.

(5) Subsection (4) does not apply to the holder of a permit in Form

6 setting a poisonous material, neck snare or trap for rabies control on

unoccupied land in an area designated in

Schedule 3 as a rabies control

zone.

(6) No person shall set a poisonous material or neck snare on land

to control coyotes unless the poisonous material or neck snare has letters,

numbers or a chemical marker indicating approval by the Minister.

(7) The holder of a permit in Form 6 shall keep records and submit a

report in Form 8 to the Department of Agriculture, Food and Rural

Development of the Government of Alberta within 30 days of the end of each

March, June, September and December.

(8) Subsections (1), (2) and (6) do not apply to an activity

specifically authorized by or under the Wildlife Act or the Environmental

Protection and Enhancement Act.

(9) A permit in Form 7 is not valid for more than 30 days.

(10) All poisonous materials and snares issued under subsection

(2) are the property of the Department of Agriculture, Food and Rural

Development of the Government of Alberta and may be recalled at any time.

(11) The holder of a permit in Form 6 may shoot coyotes or skunks

and destroy dens of coyotes or skunks on any land with the permission of

the land holder.

4(1) The following is added before Form 1:

SCHEDULE 1.

(2) Forms 6, 7 and 8 are repealed and the following Forms 6, 7 and 8 are

substituted:

Form 6

Inspector Permit for Coyote and Skunk Control

Name

Employer's name and address

The person named above has been instructed in the storage, handling and use

coyote control material

skunk control material.

List control material:

The person named on this permit is authorized to

 store, handle and use this control material

 provide this control material to a land holder and train the

land holder to handle and use it.

The person named on this permit is authorized to do this until

The methods for using, handling and storing this material are set out in

 the Agricultural Pests Act and the Pest and Nuisance Control

Regulation (Alberta),

 the Pest Control Products Act (Canada), and

 the policies of the Department of Agriculture, Food and Rural

Development of the Government of Alberta.

Authorized issuer

Date

Address of issuer

Form 7

Permit to Use Control Material

Name of land holder

Land location: Qtr Sec Twp Rge W of

Mailing address

Land location: Qtr Sec Twp Rge W of

Postal code

Telephone

Material to control:

1. coyote predation of:

cattle sheep goats swine

farmed deer or elk poultry other

2. rabies of: skunks other

Please initial one box:

I have received  the material listed below

 the Pest Control Products

Act (Canada) label and warning posters for the material

 instructions for handling,

setting, and storing the material.

I agree to  use this material only on the land described

above

 follow the instructions

given on the product label, and by the inspector named below

 keep a map of where I place

this material on the land

 return all unused material

by the expiry date given below

 report to the inspector on

the success of my coyote control efforts by the expiry date given below.

I give my permission for an inspector with a permit (Form 6) to set the

material listed below on the land described above.

Control material

Serial numbers

Amount issued to landholders

Amount used by inspectors

For inspector use only

Amount returned

Date returned

1080 tablets

M44 devices

M44 cartridges

Neck snares

Other:

Signature of land holder

Signature of inspector

Date signed

Date this permit expires

Form 8

Quarterly Report: Control Material

Inspector's name

Employer (County, M.D., I.D., Special Area)

Report for the period: (Please check)

Jan 1-Mar. 31 Apr. 1-June 30

July 1-Sept. 30 Oct.1-Dec. 31

Control Material

1080 Tablets

M44 Devices

M44 Cartridges

Neck Snares

Other (please specify)

carried over from last period

received from department (+)

used by inspector (-)

issued to land holders (-)

returned by land holders (+)

removed for other reasons (please specify) (-)

Total left (=)

Other comments:

Inspector's signature

Date

5 The

Schedule (Section 11.1) following Form 10 is amended by striking

out "SCHEDULE" and substituting "SCHEDULE 2".

6 The following is added after

Schedule 2:

SCHEDULE 3

Rabies Control Zone

1 The following areas are designated as a rabies control zone:

(

a) townships 1 to 63 in ranges 1 to 4, west of the 4th

meridian;

(

b) townships 1 to 5 in ranges 5 to 29, west of the 4th

meridian except land within Waterton Lakes National Park;

(

c) townships 3 to 5 in ranges 1 to 5, west of the 5th

meridian except land within Waterton Lakes National Park.

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

Alberta Regulation 249/95

Franchises Act

EXEMPTION REGULATION

Filed: September 29, 1995

Made by the Provincial Treasurer pursuant to

section 6 of the Franchises

Act.

1 A franchisor is not required to include financial statements in a

disclosure document given to a prospective franchisee

(

a) if the franchisor has a net worth on a consolidated basis

according to its most recent financial statements, which have been audited

or for which a review engagement report has been prepared,

(

i) of not less than $5 000 000, or

(ii) of not less than $1 000 000 if the franchisor is

controlled by a corporation that meets the requirements of subclause (i),

and

(

b) if the franchisor

(

i) has had at least 25 franchisees conducting business

at all times during the 5-year period immediately preceding the date of the

disclosure document,

(ii) has conducted business which is the subject of the

franchise continuously for not less than 5 years immediately preceding the

date of the disclosure document, or

(iii) is controlled by a corporation that meets the

requirements of subclause (

i) or (ii).

2 This Regulation comes into force on November 1, 1995.

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

Alberta Regulation 250/95

Alberta Health Care Insurance Act

MEDICAL BENEFITS AMENDMENT REGULATION

Filed: September 29, 1995

Made by the Minister of Health (M.O. 223/95) pursuant to

section 7 of the

Alberta Health Care Insurance Act.

1 The Medical Benefits Regulation (Alta. Reg. 173/93) is amended by this

Regulation.

2 The following is added after

section 3:

3.1(1) The rates of benefits payable for laboratory medicine and

pathology services provided to residents in Alberta shall be determined by

the regional health authority.

(2) Benefits referred to in subsection (1) are not payable

unless they are provided by persons authorized by a regional health

authority to provide laboratory medicine and pathology services.

Alberta Regulation 251/95

Alberta Corporate Tax Act

ROYALTY TAX CREDIT REFERENCE PRICE AMENDMENT REGULATION

Filed: September 29, 1995

Made by the Minister of Energy (M.O. 35/95) pursuant to

section 5.2(3) of

the Alberta Corporate Tax Regulation (Alta. Reg. 105/81).

1 The Royalty Tax Credit Reference Price Regulation (Alta. Reg. 151/95)

is amended by this Regulation.

2 The following is added after

section 3:

Price to December 31, 1995

4 The royalty tax credit reference price for the period ending

December 31, 1995 is $115.36.

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

ERRATUM

Alberta Regulation 166/84 as published in The Alberta Gazette of May 31,

1984 (vol. 80 no. 10 p. 938) is incomplete. Alberta Regulation 166/84

originally read as follows:

Oil Sands Royalty Regulation, 1984

1 The royalty reserved to the Crown on oil sands recovered from a well

pursuant to an agreement granting oil sands rights is the royalty that

would be reserved to the Crown under the Petroleum Royalty Regulations

(Alta. Reg. 93/74) if the oil sands were crude oil.

2(1) If any oil sands are recovered from a well pursuant to an agreement

granting oil sands rights and are sold or otherwise disposed of,

(

a) the Crown's royalty share of the oil sands shall be included in

the sale or other disposition,

(

b) the lessee shall act as the agent of the Crown for the purpose

of selling or otherwise disposing of the Crown's royalty share of the oil

sands, and

(

c) except where the oil sands are sold to the Alberta Petroleum

Marketing Commission,

(

i) the Minister may determine the value of the Crown's

royalty share of the oil sands at the time they are sold or otherwise

disposed of, notwithstanding the consideration actually given for the

Crown's royalty share when it was sold or otherwise disposed of, and

(ii) the lessee shall pay to the Crown the amount of the

value of the Crown's royalty share of the oil sands, as determined under

subclause (i), not later than the last day of the month following the month

in which they were sold or otherwise disposed of.

(2) A lessee does not have any of the rights, privileges, prerogatives or

immunities of the Crown by reason only of acting as an agent of the Crown

under this section.

(3) The lessee of an agreement granting oil sands rights shall file with

the Minister not later than the last day of each month, a report showing

the amounts of oil sands recovered from each well pursuant to the agreement

and sold or otherwise disposed of or consumed in the preceding month.

3 This Regulation does not apply to oil sands to which the Experimental

Oil Sands Royalty Regulations (Alta. Reg. 287/77) apply.

6 This Regulation applies with respect to oil sands recovered in May,

1984 and subsequent months.

Please note that AR 166/84 has been amended by AR 354/93: see The Alberta

Gazette of January 15, 1994 (vol. 90 no. 1 p. 1355).