Alberta Gazette — 15 September (ii)
0915 ii
Alberta — Gazette
Alberta Regulation 192/95
Local Authorities Election Act
FORMS AMENDMENT REGULATION
Filed: August 16, 1995
Made by the Minister of Municipal Affairs (M.O. L: 378/95) pursuant to
section 160(2) of the Local Authorities Election Act.
1 The Forms Regulation (Alta. Reg. 272/91) is amended by this Regulation.
Section 1 is repealed and the following is substituted:
Forms
under the Local Authorities Election Act.
(2) The forms set out in
Schedule 2 are the French forms for use
under the Local Authorities Election Act.
(3) The forms set out in Schedules 2 and 3 are the forms that must
be used under the Local Authorities Election Act for the election of
members of a Regional authority as defined in the School Act.
3 The
Schedule is renamed as
Schedule 1.
Schedule 1 is amended by repealing the second Form 8.
5 The following is added after
Schedule 1:
SCHEDULE 2
FORMULAIRE 1RA SERMENT DU DIRECTEUR DU SCRUTIN,
DU SCRUTATEUR, DU RECENSEUR,
DU PR�POSE AU SERVICE D'ORDRE
Local Authorities Election Act
(article 16)
R�GION SCOLAIRE FRANCOPHONE DU Nø____.
PROVINCE D' ALBERTA
DATE D'�LECTION:
Je, soussign‚, (nom du d‚clarant) d‚clare sous serment (ou affirme
solennellement)
QUE je remplirai consciencieusement, fidŠlement et le mieux possible
les fonctions de (poste) conform‚ment … la loi.
QUE je ne divulguerai aucun renseignement obtenu dans le cadre de mes
fonctions et concernant le choix d'un ‚lecteur, lors d'une ‚lection ou d'un
vote portant sur un rŠglement ou une question donn‚e.
QUE je garderai et veillerai … ce que soit gard‚ … tous ‚gards le
secret absolu du scrutin.
D�CLAR� SOUS SERMENT OU AFFIRM� SOLENNELLEMENT
devant moi … ____________________ )
dans la province d'Alberta ce _____ jour de )
_____________ 19 ______ )
) (signature du d‚clarant)
(signature du directeur du scrutin ou
du commissaire aux serments)
Le fait de signer une fausse d‚claration constitue une infraction
FORMULAIRE 2RA AVIS DE MISE EN CANDIDATURE
Local Authorities Election Act
(article 26)
R�GION SCOLAIRE FRANCOPHONE DU Nø_______.
PROVINCE D'ALBERTA
Avis est donn‚ par la pr‚sente que le jour de mise en candidature est fix‚
au (date) et que les noms des candidats … ‚lire aux postes suivants
pourront ˆtre soumis au bureau de l'Autorit‚ r‚gionale de la R�GION
SCOLAIRE FRANCOPHONE DU
Nø de … midi … la date indiqu‚e.
Poste
Nombre de
postes
Subdivision Nø__
(au besoin)
Adresses des bureaux de la R‚gion scolaire francophone du nø :
DAT� … dans le province d'Alberta, ce jour de
19___.
(signature du directeur du scrutin)
Formulaire 3RA MISE EN CANDIDATURE ET
CONSENTEMENT DU CANDIDAT
School Act (article 223.4)
Local Authorities Election Act
(articles 22,27,151)
R�GION SCOLAIRE FRANCOPHONE DU Nø ______.
PROVINCE D'ALBERTA
Nous, les ‚lecteurs soussign‚s de la R�GION SCOLAIRE FRANCOPHONE DU Nø
soumettons la candidature de (Pr‚nom, initiales, nom du candidat) ,
(adresse du candidat) au poste de membre de l'Autorit‚ r‚gionale (Regional
Authority) de la R‚gion scolaire francophone du nø .
Signatures d'au moins 5 PERSONNES ayant qualit‚ d'‚lecteur en vertu de
l'article 223.4(1) de la School Act (Loi scolaire) et de l'article 27 de la
Local Authorities Election Act (Loi sur l'‚lection des autorit‚s locales).
Nom de l'‚lecteur*
Adresse de l'‚lecteur
Signature de l'‚lecteur
*PriŠre d'‚crire en lettres moul‚es
CONSENTEMENT DU CANDIDAT
(Nom tel qu'il apparaŒtra sur le bulletin de vote)
Je, soussign‚, (pr‚noms) (noms)
dont la candidature est soumise ci-dessus, d‚clare sous serment (ou affirme
solennellement):
QUE je suis ‚ligible au poste … combler en vertu de l'article
223.4(3) de la School Act (Loi scolaire);
QUE je ne suis frapp‚ d'aucune des causes d'in‚ligibilit‚ pr‚vues par
l'article 223.4(5) de la School Act (Loi scolaire) et l'article 22 de la
Local Authorities Elections Act (Loi sur l'‚lection des autorit‚s locales);
QUE j'accepterai d'assumer la fonction … combler si je suis ‚lu;
QUE j'ai lu l'article 223.4(3) de la School Act (Loi scolaire) et les
articles 22 et 151 de la Local Authorities Election Act (Loi sur l ‚lection
des autorit‚s locales) et que j'en comprends le contenu.
D�CLAR� SOUS SERMENT (ou D�CLAR� SOLENNELLEMENT)
devant moi … ____________________ )
dans la province d'Alberta ce _____ jour de )
_____________ 19 ______. )
) (signature du candidat)
(signature du directeur du scrutin ou
du commissaire aux serments)
LE FAIT DE SIGNER UN FAUX AFFIDAVIT OU UN FORMULAIRE CONTENANT UNE FAUSSE
D�CLARATION CONSTITUE UNE INFRACTION
FORMULAIRE 4RA AVIS D'�LECTION
Local Authorities Election Act
(articles 11, 35, 46)
R�GION SCOLAIRE FRANCOPHONE DU Nø ____.
PROVINCE D'ALBERTA
Avis est donn‚ par la pr‚sente qu'il y aura une ‚lection en vue de combler
les postes suivants au sein de l'Autorit‚ r‚gionale de la R�GION SCOLAIRE
FRANCOPHONE DU Nø___.
Poste
Nombre de
postes
Subdivision Nø__
(au besoin)
L'‚lection aura lieu le jour de 19 , de(heure
d'ouverture) …(heure de fermeture) . Les bureaux de scrutin seront situ‚s
aux adresses suivantes:
DAT� … dans le province d'Alberta, ce jour de
19___.
(signature du directeur du scrutin)
FORMULAIRE 5RA AVIS DE VOTE SUR UN R GLEMENT
OU UNE QUESTION DONN�E
Local Authorities Election Act
(articles 6, 11, 35, 46)
R�GION SCOLAIRE FRANCOPHONE DU Nø______.
PROVINCE D'ALBERTA
Avis est donn‚ par la pr‚sente que le rŠglement ou la question suivante
fera l'objet d'un vote de l'‚lectorat (ou des ‚lecteurs propri‚taires):
[Indiquer le rŠglement ou la question vis‚e]
Le scrutin aura lieu le jour de 19 , de(heure
d'ouverture ) …(heure de fermeture). Les bureaux de scrutin seront situ‚s
aux adresses suivantes:
DAT� … dans le province d'Alberta, ce jour de
19___.
(signature du directeur du scrutin)
FORMULAIRE 6RA BULLETIN DE VOTE
Local Authorities Election Act
(articles 42, 43, 44)
Bulletin de vote pour le poste de membre d'une Autorit‚ r‚gionale
(en fran‡ais)
(Lister less noms des candidats ci-dessous
Le nombre maximum de candidats pour lesquels vous pouvez voter est de
(nombre)
BULLETIN DE VOTE PORTANT SUR UN R GLEMENT OU UNE QUESTION VIS�E
Les bulletins de vote portant sur un rŠglement ou une question vis‚e
auront le format d‚cr‚t‚ par l'autorit‚ r‚gionale.
DISPOSITION DES NOMS SUR LES BULLETINS DE VOTE
Les noms des candidats doivent paraŒtre par ordre alphab‚tique sur
chaque bulletin de vote et, quand plusieurs candidats portent le mˆme nom,
ils doivent paraŒtre dans l'ordre alphab‚tique des pr‚noms.
Lorsque l'autorit‚ r‚gionale adopte, dans les deux mois pr‚c‚dant
l'‚lection, un rŠglement pr‚voyant que les bulletins seront imprim‚s en
autant de lots qu'il y a de candidats aux postes … combler, l'article 43(3)
s'applique.
CONSIGNE RELATIVE AU NOMBRE DE CANDIDATS POUR QUI VOTER
Chaque bulletin servant … l'‚lection d'un membre d'une autorit‚
r‚gionale doit contenir une brŠve note explicative stipulant le nombre de
candidats pour qui chaque ‚lecteur peut voter afin que son bulletin reste
valide.
FORMULAIRE 7RA INSTRUCTIONS
L'INTENTION DES �LECTEURS
Local Authorities Election Act
(article 45)
POUR VOTER
Veuillez inscrire un "X" dans l'espace r‚serv‚ … cet effet … la droite du
nom du (des) candidat(
s) de votre choix. Le nombre maximum de candidats
pour lesquels vous pouvez voter est indiqu‚ au bas du bulletin de vote.
Notez que le nombre de candidats pour qui vous votez peut ˆtre inf‚rieur au
nombre maximum mais ne doit pas le d‚passer.
Exemples:
Le nombre maximum de candidats pour qui vous pouvez voter est de trois
(3) APR S AVOIR VOT�
Veuillez plier votre bulletin de vote de fa‡on … cacher votre choix.
Les initiales de la personne qui vous a remis le bulletin doivent cependant
ˆtre visibles.
Remettez votre bulletin au scrutateur responsable de l'urne. Le
scrutateri d‚posera le bulletin dans l'urne.
Vous pouvez ensuite quitter le bureau de scrutin.
BULLETIN DE VOTE PORTANT SUR UN R GLEMENT OU UNE QUESTION DONN�E
Dans le cas d'un bulletin de vote portant sur un rŠglement ou une
question donn‚e, veuillez inscrire un "X" … droite de la mention "Pour" ou
"Contre" ou … droite de la mention "Oui" ou "Non".
BULLETINS D�T�RIOR�S
Si vous avez commis une erreur en marquant votre bulletin ou s'il est
d‚t‚rior‚ de quelque autre fa‡on, vous pouvez le remettre au scrutateur en
‚change d'un autre bulletin de vote.
Tout bulletin de vote sali, griffonn‚, d‚chir‚ ou portant une marque
quelconque permettant d'identifier l'‚lecteur, est annul‚ et ne sera pas
compt‚.
SAUF AVIS CONTRAIRE, CHAQUE �LECTEUR N'A DROIT QU' UN SEUL VOTE
UNE �LECTION
LE FAIT DE SORTIIR UN BULLETIN DE VOTE DU BUREAU DE SCRUTIN CONSTITUE
UNE INFRACTION
FORMULAIRE 8RA REGISTRE DES �LECTEURS
School Act (article 223.4)
Local Authorities Election Act
(articles 52, 53, 59, 78)
AUTORIT� R�GIONALE DE LA R�GION SCOLAIRE FRANCOPHONE DU Nø___.
PROVINCE D'ALBERTA
DATE D'�LECTION:
SUBDIVISION Nø (AU BESOIN) / BUREAU DE SCRUTIN
ATTESTATION DU DROIT DE VOTE DE L'�LECTEUR
Je, soussign‚(e), r‚sidant … ,d‚clare avoir
le droit de voter … l'‚lection ci-dessus mentionn‚e parce que je r‚ponds …
toutes les exigences suivantes:
Je suis un(
e) Francophone;
J'ai un enfant inscrit comme ‚lŠve dans une ‚cole francophone r‚gie
par l'Autorit‚ r‚gionale ci-dessus mentionn‚e;
J'ai 18 ans r‚volus;
Je d‚tiens la citoyennet‚ canadienne;
J'ai r‚sid‚ en Alberta sans interruption pendant les six (6) mois qui
ont pr‚c‚d‚ la date du jour de la mise en candidature
OBJECTION L'�LECTEUR
Nom du candidat ou de l'agent faisant l'objection:
Initiales du scrutateur:
Raison de l'objection:
�LECTEUR FRAPP� D'INCAPACIT�
Le bulletin de vote a ‚t‚ marqu‚ par une personne autre que l'‚lecteur
[cocher(4)]
Raison:
AUTRE
FORMULAIRE 9RA
D�CLARATION DU SCRUTATEUR
APR S LE D�POUILLEMENT DU SCRUTIN
LOCAL AUTHORITIES ELECTION ACT
(articles 90, 91)
R�GION SCOLAIRE FRANCOPHONE DU Nø .
PROVINCE D'ALBERTA.
DATE D'�LECTION:
SUBDIVISION Nø (AU BESOIN) BUREAU DE SCRUTIN .
Je, soussign‚, (nom du scrutateur) , atteste que le nombre de
personnes qui sont inscrites au registre des ‚lecteurs de ce bureau de
scrutin est de (en chiffres) (en lettres) et que, … ma
connaissance, ces inscriptions ont ‚t‚ faites conform‚ment … la loi.
(signature du scrutateur)
Le fait de signer une fausse d‚claration constitue une infraction.
FORMULAIRE 10RA
D�CLARATION D'UN AGENT
Local Authorities Election Act
(articles 69, 70)
R�GION SCOLAIRE FRANCOPHONE DU Nø .
PROVINCE D'ALBERTA
DATE D'�LECTION (OU VOTE SUR UN R GLEMENT OU UNE QUESTION DONN�E):
Je, soussign‚, (nom de l'agent) au service
de (nom de l'autorit‚ comp‚tente) , dans la province d'Alberta,
d‚clare ˆtre ƒg‚ de 18 ans r‚volus et,
(
a) AUX FINS D'UN VOTE PORTANT SUR UN R GLEMENT, m'engage … servir
d'agent pour le compte de (nom du candidat), nomm‚ au poste de (titre du
poste)
(
b) AUX FINS D'UN VOTE PORTANT SUR UN R GLEMENT, m'engage … servir
de d'agent pour le compte des personnes
Cocher ( ) 1 case favorables … l'adoption du rŠglement nø
oppos‚es … l'adoption
du rŠglement nø
(
c) AUX FINS D'UN VOTE PORTANT SUR UNE QUESTION DONN�E, m'engage …
servir d'agent pour le compte des personnes qui souhaitent
Cocher ( ) 1 case voter sur la question.
voter sur la
question.
Et je m'engage … respecter et … d‚fendre … tous ‚gards le secret
absolu du vote.
(signature de l'agent)
Le fait de signer une fausse d‚claration consitute une infraction.
FORMULAIRE 11RA
D�CLARATION D'UN INTERPR TE
D'UN �LECTEUR HANDICAP�
D'UN PERSONNE ASSISTANT
UN �LECTEUR HANDICAP�
Local Authorities Election Act
(articles 72, 78)
R�GION SCOLAIRE FRANCOPHONE DU Nø
PROVINCE D'ALBERTA
DATE D'�LECTION :
SUBDIVISION Nø (au besoin): BUREAU DE SCRUTIN:
D�CLARATION DE L'INTERPR TE
Je, soussign‚, (nom de l'interprŠte) r‚sidant … (nom de la localit‚) dans
la province d'Alberta, m'engage … traduire fidŠlement tout ‚nonc‚, question
et r‚ponse que le scrutateur pourrait faire traduire … cette ‚lection et …
garder sous le sceau du secret toute information qui pourrait m'ˆtre
communiqu‚e dans le cadre de mes fonctions d'interprŠte pour le compte de
(nom de l'‚lecteur).
(signature de l'interprŠte)
D�CLARATION DE L'�LECTEUR HANDICAP�
�nonc‚ verbal
tes-vous (nom de l'‚lecteur handicap‚) r‚sidant … (nom de la localit‚)
dans la province d'Alberta, incapable de marquer votre bulletin de vote
dans les formes prescrites habituelles parce que vous ne pouvez pas lire,
ou pour cause de c‚cit‚ ou d'une autre incapacit‚ physique?
D�CLARATION DE LA PERSONNE QUI ASSISTE L'�LECTEUR HANDICAP�
Je, soussign‚ (nom de la personne en question), r‚sidant … (nom de la
localit‚) dans la province d'Alberta, d‚clare ˆtre la personne qui assiste
(nom de l'‚lecteur handicap‚), ‚lecteur handicap‚. Je m'engage … lire le
bulletin de vote … l'‚lecteur et … marquer le bulletin de vote conform‚ment
… ses instructions. Je m'engage … garder sous le sceau du secret toute
information que je recevrai en assistant cette personne.
(signature de la personne assistant l'‚lecteur handicap‚)
Le fait de signer une fausse d‚claration constitue une infraction
( conserver dans le registre des ‚lecteurs)
FORMULAIRE 12RA
D�CLARATION - VOTE PAR ANTICIPATION
Local Authorities Election Act
(article 77)
R�GION SCOLAIRE FRANCOPHONE DU Nø .
PROVINCE D'ALBERTA
DATE D'�LECTION:
SUBDIVISION Nø (au besoin) BUREAU DE SCRUTIN
Je, soussign‚, (nom de l'‚lecteur) r‚sidant … (adresse de l'‚lecteur)
d‚clare que j'ai le droit de vote … l'‚lection mentionn‚e ci-dessus;
QUE j'ai lieu de croire que je serai absent de la R�GION SCOLAIRE
FRANCOPHONE DU Nø le jour d'‚lection, et que, … moins
d'ˆtre autoris‚ … voter par anticipation, je ne pourrai pas voter … cette
‚lection, ou
QUE, … cause d'une incapacit‚ physique, il m'est impossible ou extrˆmement
difficile de me rendre au bureau de scrutin, et que, … moins d'ˆtre
autoris‚ … voter par anticipation, je ne pourrai pas voter … cette
‚lection.
(signature de l'‚lecteur)
Le fait de signer une fausse d‚claration consitute une infraction.
FORMULAIRE 13RA
AVIS D'OPPPOSITION FAITE UN BULLETIN
DE VOTE CONCERNANT
(nom du poste, du rŠglement ou de la question vis‚
e) Local Authorities Election Act
(article 87)
R�GION SCOLAIRE FRANCOPHONE DU Nø .
PROVINCE D'ALBERTA
SUBDIVISION Nø : (au besoin) BUREAU DE SCRUTIN:
Opposition nø
Nom de l'agent/du candidat faisant opposition
Raison invoqu‚e
FORMULAIRE 14RA
RELEV� DES BULLETINS DE VOTE CONCERNANT
(nom du poste, du rŠglement ou de la question vis‚
e) Local Authorities Election Act
(articles 88, 89)
R�GION SCOLAIRE FRANCOPHONE DU Nø
PROVINCE D'ALBERTA.
DATE D'�LECTION: 19
SUBDIVISION Nø (si appropri‚) BUREAU DE SCRUTIN
Noms des candidats
(question ou description du rŠglement vis‚)
Nombre de bulletins de vote valides marqu‚s en faveur du candidat
(ou pour ou contre une question ou un rŠglement donn‚)
(�crire au verso
si n‚cessaire)
(
a) Nombre de bulletins de vote re‡us: __________
(
b) Bulletins de vote valides: +
Bulletins valides contest‚s
(
c) Bulletins de vote rejet‚s: +
Bulletins rejet‚s sur lesquels aucune
voix n'a ‚t‚ exprim‚e
(
d) Bulletins de vote annul‚s: +
(
e) Bulletins de vote inutilis‚s: +
(
f) Bulletins de vote manquants: +
*Total des bulletins de vote: = ___________
*Le total de b,c,d,e, et f doit ˆtre ‚gal au nombre de (
a) Dat‚, ce jour de 19
(Signatures d'au moins (Signatures des
2 scrutateurs) candidats/agents d‚sirant signer)
FORMULAIRE 15RA
RENONCIATION AVANT UNE PLAINTE
Local Authorities Election Act
(article 144)
R�GION SCOLAIRE FRANCOPHONE DU Nø
Je, soussign‚, , renonce au droit
d'occuper la fonction de
(titre de la fonction) de (nom de l'autorit‚ comp‚tente) et renonce …
d‚fendre tout droit que je pourrais avoir … cet ‚gard.
(signature du t‚moin) (signature de l'auteur de la renonciation)
(date)
FORMULAIRE 16RA
RENONCIATION SUITE UNE MOTION
Local Authorities Election Act
(article 143)
R�GION SCOLAIRE FRANCOPHONE DU Nø .
Je, soussign‚, , faisant l'objet d'un requˆte en quo
warranto visant … contester l'admissibilit‚ de ma candidature … la fonction
de (titre de la fonction) de ,renonce au droit d'occuper
la fonction … cette fonction et … d‚fendre tout droit que je pourrais avoir
… cet ‚gard.
(signature du t‚moin) (signature de l'auteur de la renonciation) (date)
Le fait de signer une fausse d‚claration consitute une infraction.
SCHEDULE 3
FORM 3RA NOMINATION PAPER AND
CANDIDATE'S ACCEPTANCE
School Act
(Section 223.4)
Local Authorities Election Act
(Section 22,27,151)
THE FRANCOPHONE EDUCATION REGION Nø
PROVINCE OF ALBERTA.
We, the undersigned electors of The Francophone
Education Region Nø ,
nominate (name of candidate) of (address of
candidate) as a candidate at the election now about to be held for
the office of of the Regional authority of
Francophone Education Region Nø .
Signatures of at least 5 ELECTORS ELIGIBLE TO VOTE in this election in
accordance with Sections 223.4 of the School Act and
section 27 of the
Local Authorities Election Act.
Printed Name of Elector
Address of Elector
Signature of Elector
CANDIDATE'S ACCEPTANCE
(Print name as it should appear on the ballot)
I, the said (Surname) (Given names)
named in the foregoing nomination, solemnly swear (affirm):
THAT I am eligible under
Section 223.4 of the School Act;
THAT I am not otherwise disqualified under
Section 223.4(5) of the
School Act and
Section 22 of the Local Authorities Election Act;
THAT I will accept the office if elected;
THAT I have read
Section 223.4 of the School Act and Sections 22 and
151 of the Local Authorities Elections Act and understand their contents.
SWORN (AFFIRMED) before me at the )
of in the Province of Alberta )
this day of , A.D. 19 )
) (candidate's signature)
(signature of returning officer or
commissioner for oaths)
IT IS AN OFFENCE TO SIGN A FALSE AFFIDAVIT
OR A FORM THAT CONTAINS A FALSE STATEMENT
FORM 6RA BALLOT
Local Authorities Election Act
(articles 42, 43, 44)
Ballot form for the office of member of a Regional Authority
(List names of candidates below)
The maximum number of candidates that can be voted for is (number)
BALLOT FOR A VOTE ON A BYLAW OR QUESTION
A ballot for a vote on a bylaw or questions shall be in the form
determined by resolution of the elected authority.
ARRANGING THE NAMES ON THE BALLOTS
The names of the candidates on each ballot must be arranged
alphabetically in order of the surnames and if 2 or more candidates have
the same surname, the names of those candidates shall be arranged
alphabetically in order of their given names.
If an elected authority passes a bylaw 2 months before an election
that provides that ballots be printed in as many lots as there are
candidates for the office,
section 43(3) applies.
INDICATING THE NUMBER OF CANDIDATES WHO CAN BE VOTED FOR
Every ballot used in an election for a member of an elected authority
of district board must contain a brief explanatory note stating the maximum
number of candidates who can be voted for in order not to make the ballot
void.
FORM 8RA VOTING REGISTER
School Act (section 223.4)
Local Authorities Election Act
(sections 52, 53, 59, 78)
THE REGIONAL AUTHORITY OF FRANCOPHONE EDUCATION
REGION Nø .
PROVINCE OF ALBERTA
ELECTION DATE:
VOTING SUBDIVISION OR WARD (If applicable):
VOTING STATION:
STATEMENT OF ELECTOR ELIGIBILITY
I, (name of elector) of (address of elector) am eligible to vote
at the above mentioned election becaise:
I have not voted before in this election;
I am a Francophone;
I have a child enrolled as a student in a school operated by the
above noted Regional authority;
I am a Canadian citizen;
I have resided in Alberta for the six (6) consecutive months
immediately preceeding nomination day.
OBJECTION TO PERSON VOTING
Name of candidate/agent making objection:
Deputy's Initials:
Reason for objection:
INCAPACI-TATED ELECTOR
Ballot for incapacitated elector was marked by another person
[check(4)]
Reason:
OTHER
Alberta Regulation 193/95
Apprenticeship and Industry Training Act
BOILERMAKER TRADE AMENDMENT REGULATION
Filed: August 22, 1995
Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.
1 The Boilermaker Trade Regulation (Alta. Reg. 199/94) is amended by this
Regulation.
Section 4 is repealed and the following is substituted:
Educational requirements of an apprentice
4 The educational requirement for an apprentice is
(
a) the completion of an Alberta grade 11 education
with a passing grade in mathematics 23 or equivalent, or
(
b) the successful completion of one or more
examinations that are set or recognized by the Board.
------------------------------
Alberta Regulation 194/95
Apprenticeship and Industry Training Act
CEMENT FINISHER TRADE AMENDMENT REGULATION
Filed: August 22, 1995
Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.
1 The Cement Finisher Trade Regulation (Alta. Reg. 285/93) is amended by
this Regulation.
2 The title of the Regulation is repealed and the following is
substituted:
CONCRETE FINISHER TRADE REGULATION
Section 1 is amended by repealing clause (
c) and substituting the
following:
(c) "trade" means the occupation of Cement Finisher that is
designated as an optional certification trade pursuant to
section 57 of the
Apprenticeship and Industry Training Act and that is known under this
Regulation as the trade of Concrete Finisher;
------------------------------
Alberta Regulation 195/95
Apprenticeship and Industry Training Act
ELEVATOR CONSTRUCTION TRADE AMENDMENT REGULATION
Filed: August 22, 1995
Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.
1 The Elevator Constructor Trade Regulation (Alta. Reg. 331/93) is
amended by this Regulation.
2 The following is added after
section 5:
Employment of apprentices
5.1(1) A person shall not employ an apprentice except in accordance
with this section.
(2) A person who is a certified journeyman or employs a certified
journeyman may employ one apprentice and one additional apprentice for each
additional certified journeyman that is employed by that person.
Alberta Regulation 196/95
Apprenticeship and Industry Training Act
IRONWORKER TRADE AMENDMENT REGULATION
Filed: August 22, 1995
Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.
1 The Ironworker Trade Regulation (Alta. Reg. 99/95) is amended by this
Regulation.
Section 9 is amended
(
a) in subsection (3)
(
i) by striking out "September 1, 1995" and
substituting "April 1, 1996";
(ii) by striking out "August 31, 1995" and substituting
"March 31, 1996";
(
b) in subsection (5)
(
i) by striking out "September 1, 1995" and
substituting "January 1, 1996";
(ii) by striking out "August 31, 1995" and substituting
"December 31, 1995".
Alberta Regulation 197/95
Apprenticeship and Industry Training Act
PROJECTIONIST TRADE REGULATION REPEAL REGULATION
Filed: August 22, 1995
Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.
1 The Projectionist Trade Regulation (Alta. Reg. 248/89) is repealed.
------------------------------
Alberta Regulation 198/95
Apprenticeship and Industry Training Act
REFRIGERATION AND AIR CONDITIONING
MECHANIC TRADE REGULATION
Filed: August 22, 1995
Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.
Table of Contents
Definitions 1
Constitution of the trade 2
Tasks, activities and functions 3
Educational requirements of an apprentice 4
Term of the apprenticeship program 5
Employment of apprentices 6
Wages 7
Repeal 8
Schedule
Definitions
1 In this Regulation,
(a) "apprentice" means a person who is an apprentice in the trade;
(b) "certified journeyman" means a certified journeyman as defined
in the Apprenticeship Program and Certificate Recognition Regulation (Alta.
Reg. 1/92);
(c) "trade" means the occupation of Refrigeration and Air
Conditioning Mechanic that is designated as a compulsory certification
trade pursuant to
section 57 of the Apprenticeship and Industry Training
Act.
Constitution of the trade
2 The undertakings set out in
section 2 of the
Schedule constitute 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
section 3 of the
Schedule come within
the trade.
Educational requirements of an apprentice
4 The educational requirement for an apprentice is
(
a) the completion of an Alberta grade 11 education or equivalent
with a passmark in Mathematics 20 or 23 or equivalent, or
(
b) the successful completion of one or more examinations that are
set or recognized by the Board.
Term of the apprentice-ship program
5(1) Subject to
section 11 of the Apprenticeship Program and Certificate
Recognition Regulation (Alta. Reg. 1/92), the term of an apprenticeship
program for the trade shall consist of 4 periods of not less than 12 months
each.
(2) In the first period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(3) In the 2nd period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(4) In the 3rd period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(5) In the 4th period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
Employment of apprentices
6(1) A person shall not employ an apprentice except in accordance with
this section.
(2) A person who is a certified journeyman or employs a certified
journeyman may employ one apprentice and one additional apprentice for each
additional certified journeyman that is employed by that person.
Wages
7(1) A person shall not pay wages to an apprentice that are less than
those provided for under subsection (2).
(2) Subject to the Employment Standards Code, a person employing an
apprentice shall pay wages to an apprentice that are at least equal to the
following percentages of the wages paid to employees who are certified
journeymen in the trade:
(a) 50% in the first period of the apprenticeship program;
(b) 60% in the 2nd period of the apprenticeship program;
(c) 75% in the 3rd period of the apprenticeship program;
(d) 85% in the 4th period of the apprenticeship program.
Repeal
8 The Refrigeration and Air Conditioning Mechanic Trade Regulation (Alta.
Reg. 108/83) is repealed.
SCHEDULE
1 In this Schedule, "refrigeration and air conditioning system" means any
type of primary or secondary refrigeration system, other than the duct work
and sheet metal items associated with the system, and without limiting the
generality of the foregoing includes the following:
(
a) piping;
(
b) compressor assemblies;
(
c) condenser and cooling tower assemblies;
(
d) evaporator assemblies and defrost systems;
(
e) system controls and control valves;
(
f) air handling and distribution equipment;
(
g) humidifier assemblies;
(
h) circulating pump assemblies;
(
i) heat pump systems;
(
j) packaged and central air conditioning systems;
(
k) pre-fabricated walk in coolers, freezers and environmental
panels;
(
l) system accessories and ancillary components;
(
m) monitoring and control and detection systems that are part of
or used in respect of refrigeration and air conditioning systems.
2 The undertakings that constitute the trade are the installation,
maintenance, service, alteration and repair of refrigeration and air
conditioning systems.
3 When practising or otherwise carrying out work in the trade, the
following tasks, activities and functions come within the trade:
(
a) removing refrigerants from refrigeration and air conditioning
systems;
(
b) installing, removing, recycling, storing and disposing of
primary and secondary refrigerants;
(
c) transporting, handling and using refrigerants and other
dangerous goods;
(
d) using, in relation to refrigeration and air conditioning
systems, electrical and other measuring and testing devices;
(
e) carrying out soldering, brazing and welding on or in relation
to refrigeration and air conditioning systems;
(
f) maintaining and making electrical repairs to existing equipment
in accordance with the Canadian Electrical Code from the breaker or
disconnect switch as follows:
(
i) changing controls, contactors, motors and
compressors;
(ii) repairing burnt or broken wires;
(iii) making minor upgrades of controls to existing
refrigeration and air conditioning systems;
(
g) maintaining and repairing, in accordance with the Safety Codes
Act and the regulations under that Act, heating and cooling roof top units,
appliances and accessories designed for the utilization of natural or
propane gas as a fuel for heating or cooling in respect of roof top units
or appliances that do not exceed 400 000 B.T.U. (117kW) input;
(
h) using hand tools, power tools and refrigeration tools while
working on refrigeration and air conditioning systems;
(
i) where applicable carrying out tasks, activities and functions
that come within the trade in accordance with
(
i) the Mechanical Refrigeration Codes;
(ii) the Environmental Protection and Enhancement Act;
(iii) the Transportation of Dangerous Goods Control Act;
(iv) the Workplace Hazardous Material Information
System.
------------------------------
Alberta Regulation 199/95
Apprenticeship and Industry Training Act
SHEET METAL WORKER TRADE REGULATION
Filed: August 22, 1995
Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.
Table of Contents
Definitions 1
Constitution of the trade 2
Tasks, activities and functions 3
Educational requirements of an apprentice 4
Term of the apprenticeship program 5
Employment of apprentices 6
Wages 7
Repeal 8
Schedule
Definitions
1 In this Regulation,
(a) "apprentice" means a person who is an apprentice in the trade;
(b) "certified journeyman" means a certified journeyman as defined
in the Apprenticeship Program and Certificate Recognition Regulation (Alta.
Reg. 1/92);
(c) "trade" means the occupation of Sheet Metal Worker that is
designated as a compulsory certification trade pursuant to
section 57 of
the Apprenticeship and Industry Training Act.
Constitution of the trade
2 The undertakings set out in
section 2 of the
Schedule constitute 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
section 3 of the
Schedule come within
the trade.
Educational requirements of an apprentice
4 The educational requirement for an apprentice is
(
a) the completion of Alberta Mathematics 10, 13 or equivalent, or
(
b) the successful completion of one or more examinations that are
set or recognized by the Board.
Term of the apprentice-ship program
5(1) Subject to
section 11 of the Apprenticeship Program and Certificate
Recognition Regulation (Alta. Reg. 1/92), the term of an apprenticeship
program for the trade shall consist of 4 periods of not less than 12 months
each.
(2) In the first period of the apprenticeship program an apprentice must
acquire not less than 1425 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(3) In the 2nd period of the apprenticeship program an apprentice must
acquire not less than 1425 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(4) In the 3rd period of the apprenticeship program an apprentice must
acquire not less than 1425 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(5) In the 4th period of the apprenticeship program an apprentice must
acquire not less than 1425 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
Employment of apprentices
6(1) A person shall not employ an apprentice except in accordance with
this section.
(2) A person who is a certified journeyman or employs a certified
journeyman may employ one apprentice and one additional apprentice for each
additional certified journeyman that is employed by that person.
Wages
7(1) A person shall not pay wages to an apprentice that are less than
those provided for under subsection (2).
(2) Subject to the Employment Standards Code, a person employing an
apprentice shall pay wages to an apprentice that are at least equal to the
following percentages of the wages paid to employees who are certified
journeymen in the trade:
(a) 50% in the first period of the apprenticeship program;
(b) 65% in the 2nd period of the apprenticeship program;
(c) 75% in the 3rd period of the apprenticeship program;
(d) 85% in the 4th period of the apprenticeship program.
Repeal
8 The Sheet Metal Worker Trade Regulation (Alta. Reg. 204/82) is
repealed.
SCHEDULE
1 In this Schedule,
(a) "air conditioning systems" does not include refrigeration
circuits used in respect of air conditioning systems;
(b) "sheet metal items" means
(
i) square or round duct lines and fittings;
(ii) sheet metal containers;
(iii) sheet metal roofs, roof flashings and accessories;
(iv) sheet metal objects not referred to in subclauses
(
i) to (iii);
(
v) sheet metal lagging;
(vi) heating, ventilation and air conditioning systems
and similar equipment related to or used in respect of sheet metal work
referred to subclauses (
i) to (v).
2 The following undertakings constitute the trade:
(
a) laying out, preparing, fabricating, assembling or installing
sheet metal items;
(
b) fabricating and installing fume and dust exhaust systems,
heating, ventilation and air-conditioning systems and associated equipment
for residential, commercial and industrial sites;
(
c) servicing, maintaining and upgrading fume and dust systems,
heating, ventilation and air-conditioning systems and associated equipment
for residential, commercial and industrial sites.
3 When practising or otherwise carrying out work in the trade, the
following tasks, activities and functions come within the trade:
(
a) applying the correct principles of sheet metal pattern
development involving parallel line, radial line, triangulation and
rollation;
(
b) using various types of sheet metal, including metallic and
non-metallic materials;
(
c) assembling and installing equipment, materials and system
components on the job site;
(
d) installing split system air-conditioning systems;
(
e) installing, maintaining and repairing, in accordance with the
Safety Codes Act, furnaces, combination roof top units, make up air units,
heating, ventilating and air conditioning systems, appliances and
accessories;
(
f) servicing electrical components of heating, ventilating and air
conditioning systems, including the connection and disconnection of the
de-energized electrical supply circuit to the device in accordance with the
Safety Codes Act as it pertains to
(
i) servicing or changing controls, contactors and
motors,
(ii) repairing burnt or broken wires, and
(iii) making minor upgrades of controls to existing
heating, ventilating and air conditioning systems;
(
g) using sheet metal welding equipment in heat straightening,
cutting and joining metals;
(
h) using sheet metal shop equipment, including rotary, bench and
floor machines;
(
i) assembling, erecting, installing and removing material and
personnel handling devices, scaffolds, ropes and slings;
(
j) applying new innovative trade-related technological changes,
including materials and methods of construction;
(
k) using hand tools, power tools, transits, levels and explosive
actuated tools;
(
l) using detailed drawings and blueprints and other
specifications;
(
m) estimating, job planning, preparing and scheduling.
Alberta Regulation 200/95
Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION
OF PRIVACY REGULATION
Filed: August 24, 1995
Made by the Lieutenant Governor in Council (O.C. 554/95) pursuant to
section 88 of the Freedom of Information and Protection of Privacy Act.
Table of Contents
Interpretation 1
Making requests 2
Responding to a request 3
Oral requests 4
Disclosure of health care information 5
Consent to the disclosure of personal information 6
Disclosure for audit purposes 7
Researcher agreements 8
Fees 9
Fees for non-personal information 10
Fees for personal information 11
Estimate of fees 12
Payment of fees 13
Notice of Disclosure 14
Schedules
Interpretation
1(1) In this Regulation,
(a) "Act" means the Freedom of Information and Protection of
Privacy Act;
(b) "directory" means the directory published under
section 82 of
the Act.
(2) For the purposes of
section 1(1)(p)(ii) of the Act, an agency, board,
commission, corporation, office or other body listed in
Schedule 1 is
considered to be a public body.
Making requests
2(1) Public bodies must make public in the directory and in other
reasonable ways
(
a) the addresses of all offices authorized to receive requests
made to the public body, and
(
b) the various methods by which those offices can receive
requests.
(2) A request may be delivered to any office of the public body during
normal business hours of that office, but the time limit for responding to
the request does not commence until the request is received in an office
authorized to receive requests.
(3) When a request is received in an office not authorized to accept it,
that office must forward it to an authorized office by the fastest means
available.
Responding to a request
3 Where a person is given access to a record, the head of the public body
may require that the person be given a copy of the record, rather than the
opportunity to examine it, if the head is of the opinion that
(
a) providing for examination of the record would unreasonably
interfere with the operations of the public body, or
(
b) providing examination of the record might result in the
disclosure of information that is restricted or prohibited from disclosure
under
section 5 of the Act or
Part 1, Division 2 of the Act.
Oral requests
4 An applicant may make an oral request for access to a record if
(
b) the applicant has a physical disability or condition that
impairs the applicant's ability to make a written request.
Disclosure of health care information
5(1) The head of a public body may disclose information relating to the
mental or physical health of an individual to a medical or other expert for
an opinion on whether disclosure of this information could reasonably be
expected to result in grave and immediate harm to the individual's safety
or mental or physical health.
(2) A medical or other expert to whom information is disclosed under
subsection (1) must not use the information except for the purposes
described in that subsection.
(3) The head of the public body must require a medical or other expert to
whom information will be disclosed under this
section to enter into an
agreement relating to the confidentiality of the information.
(4) If a copy of a record containing information relating to the mental or
physical health of an individual is given to a medical or other expert for
examination, the medical or other expert must, after giving the opinion
referred to in subsection (1), return the copy of the record to the head of
the public body or dispose of it in accordance with an agreement under
subsection (3).
(5) The head of the public body that has custody or control of the record
may require that an applicant who makes a request for access to a record
containing information relating to the applicant's mental or physical
health must examine the information in person, and may not examine the
record until a medical or other expert or a member of the applicant's
family or some other person approved by the head of the public body is
present to clarify the nature of the record and to assist the applicant in
understanding the information in the record.
Consent to the disclosure of personal information
6 The consent of an individual to a public body's using or disclosing any
of the individual's personal information under sections 37(
b) or 38(
c) of
the Act
(
a) must be in writing, and
(
b) must specify to whom the personal information may be disclosed
and how the personal information may be used.
Disclosure for audit purposes
7 Personal information may be disclosed to persons who are employees of a
public body, including a person retained under a contract to perform
services for the public body, in order to carry out a formal and
methodological examination or review of a government program, portion of a
program or activity that includes personal information about individuals,
provided such examination or review is sanctioned by statute, regulation or
public policy relating to the public body.
Researcher agreements
8 An agreement under sections 40 and 41 of the Act must include the
following:
(
a) that the person may use the personal information only for a
research purpose set out in the agreement or for which the person has
written authorization from the public body;
(
b) the names of any other persons who will be given access to the
personal information;
(
c) that, before disclosing personal information to persons
referred to in clause (b), the person must enter into an agreement with
those persons to ensure that they will adhere to the same policies and
procedures of confidentiality as described in
section 40(
d) of the Act;
(
d) that the person must keep the personal information in a secure
location to which access is given only to the persons referred to in clause
(b);
(
e) that the person must remove or destroy all individual
identifiers in the personal information by the date and in the manner
specified in the agreement;
(
f) that the person must not contact any individual to whom the
personal information relates, directly or indirectly, without the prior
written authority of the public body;
(
g) that the person must ensure that no personal information will
be used or disclosed in a form in which the individual to whom it relates
can be identified without the written authority of the public body;
(
h) that the person must ensure that identifiable personal
information about an individual is not used for an administrative purpose
directly affecting the individual;
(
i) that the person must notify the public body in writing
immediately if the person becomes aware that any of the conditions set out
in the agreement have been breached;
(
j) that, if a person fails to meet the conditions of the
agreement, the agreement may be immediately cancelled and that the person
may be guilty of an offence under
section 86(1) of the Act.
Fees
9 Where an applicant is required to pay a fee for services, the fee is
payable in accordance with sections 10, 11, 12 and 13.
Fees for non-personal information
10(1) This
section applies to a request for access to a record that is not
a record of the personal information of the applicant.
(2) An applicant is required to pay
(
a) an initial fee of $25 when a non-continuing request is made, or
(
b) an initial fee of $50 when a continuing request is made.
(3) Processing of a request will not commence until the initial fee has
been paid.
(4) In addition to the initial fee, fees in accordance with
Schedule 2 may
be charged if the amount of the fees, as estimated by the public body to
which the request has been made, exceeds $150.
(5) Where the amount estimated exceeds $150, the total amount is to be
charged.
(6) A fee may not be charged for the time spent in reviewing and severing
a record.
Fees for personal information
11(1) This
section applies to a request for access to a record that is a
record of the personal information of the applicant.
(2) Only fees for copying in accordance with item 6 of
Schedule 2 may be
charged if the amount of the fees as estimated by the public body to which
the request has been made exceeds $10.
(3) Where the amount estimated exceeds $10, the total amount is to be
charged.
Estimate of fees
12(1) An estimate provided under
section 87(3) of the Act must set out
(
a) the time and cost required
(
i) to search, locate and retrieve the record;
(ii) to prepare the record for disclosure;
(iii) to copy the record;
(
b) the cost of computer time involved in locating and copying a
record or, if necessary, re-programming to create a new record;
(
c) the cost of supervising an applicant who wishes to examine the
original record, when applicable;
(
d) the cost of shipping the record or a copy of the record.
(2) An estimate for access to a record of the personal information of the
applicant need only include the time and cost of copying the record.
(3) In the case of a continuing request, the estimate is to include the
total fees payable over the course of the continuing request.
(4) An applicant has up to 20 days to indicate if the fee estimate is
accepted or to modify the request to change the amount of fees assessed.
Payment of fees
13(1) Processing of a request ceases once a notice of estimate has been
forwarded to an applicant and recommences immediately on
(
a) the receipt of an agreement to pay the fee, and
(
b) the receipt of at least 50% of any estimated fee that exceeds
$150.
(2) The balance of any fee owing is payable at the time the information is
delivered to the applicant.
(3) Fees, other than an initial fee, or any part of those fees will be
refunded if the amount paid is higher than the actual fees required to be
paid.
(4) In the case of a continuing request, the portion of the estimate
applicable to each delivery of the request
(
a) must be paid at the time of delivery, and
(
b) is to be used to calculate any required payment under
subsection (1).
Notice of Disclosure
14 For the purposes of
section 31(4) of the Act, the notice of disclosure
must be in the form set out in
Schedule 3.
SCHEDULE 1
ADVANCED EDUCATION AND CAREER DEVELOPMENT
Access Fund Advisory Committee
Advanced Education Foundations
- University of Alberta 1991 Foundation
- Athabasca University Foundation
- University of Calgary Foundation
- University of Lethbridge Foundation
- Banff Centre Foundation
- Public Colleges Foundation of Alberta
- Technical Institutes Foundation of Alberta
- Non-Profit Private Colleges Foundation
Alberta Apprenticeship and Industry Training Board
Alberta Council on Admissions and Transfers
Alberta Heritage Scholarship, fellowship or prize selection
committees under
section 4 of the Alberta Heritage Scholarship
Act
Alberta Immigration Review Panel
Appeal Boards appointed under
Part 4 of the Apprenticeship and
Industry Training Act
Apprenticeship Committees - local and provincial
Private Vocational Schools Advisory Council
Private Colleges Accreditation Board
Students Finance Board
Students Finance Appeal Committees appointed under
section 7
of the Government Organization Act
AGRICULTURE, FOOD AND RURAL DEVELOPMENT
Alberta Agricultural Research Institute
Alberta Crow Benefit Offset Program Review Committee
Alberta Dairy Control Board
Alberta Grain Commission
Agricultural Development Committees
Agricultural Products Marketing Council
Board of Trustees of the Wheat Board Money Trust
Committees formed under
section 7 of the Government
Organization Act
- Alberta Food Marketing Advisory Committee
- Alberta Mastitis Committee
- Agricultural Education Advisory Committee
- Centralized Milk Testing Advisory Committee
- Hall of Fame Selection Committee
- Plant Industry Advisory Committee
- Swine Herd Health Advisory Committee
- Swine Improvement Advisory Committee
Dairy Manufacturing Plant Licensing Advisory Board
Farmers' Advocate
Farm Implement Board
Irrigation Council
Meat Inspection Advisory Committee
Production Animal Medicine Advisory Committee
Selected Operational and Advisory Committees formed under
various federal or provincial agreements
Agriculture Financial Services Corporation
Land Compensation Board
Surface Rights Board
COMMUNITY DEVELOPMENT
Alberta Foundation for the Arts
Alberta Human Rights Commission
Alberta Multiculturalism Commission
Alberta Order of Excellence Council
Alberta Historical Resources Foundation
Alberta Sport, Recreation, Parks and Wildlife Foundation
Glenbow-Alberta Institute Board of Governors
Government House Foundation
Alberta Advisory Council on Women's Issues
ECONOMIC DEVELOPMENT AND TOURISM
Alberta Economic Development Authority
Alberta Heritage Foundation for Medical Research
Alberta Intermodal Services Ltd.
Alberta Tourism Education Council
Alberta Motion Picture Development Corporation
Alberta Opportunity Company
EDUCATION
Attendance Board
Board of Reference
Competency Review Panel
Competency Review Appeal Committee
Complainant Appeal Committee
Council on Alberta Teaching Standards
Premier's Council on the Status of Persons with Disabilities
School Buildings Board
Teaching Profession Appeal Board
Certification Appeal Committee
Special Needs Tribunal
Teachers' Retirement Fund Board
ENERGY
Alberta Energy and Utilities Board
Alberta Oil Sands Technology and Research Authority
Alberta Petroleum Marketing Commission
Energy Resources Conservation Board
Energy Research Council
Freehold Mineral Rights Tax Appeal Board
Public Utilities Board
ENVIRONMENTAL PROTECTION
Alberta Petroleum Industry Government Environmental
Committee
Bow River Water Quality Council
Environmental Appeal Board
Natural Resources Conservation Board
Northern River Basin Study
Special Waste Management Corporation
Sterling Pasture Company Limited
Tire Recycling Management Board
EXECUTIVE COUNCIL
Northern Alberta Development Council
Personnel Administration Office
- Government of Alberta Dental Plan Trust
- Government Employees Group Extended Medical Benefits
Plan Trust
Public Affairs Bureau
FAMILY AND SOCIAL SERVICES
Appeal Panels appointed under the Assured Income for the
Severely Handicapped Act
Appeal Panels appointed under the Dependent Adults Act
Appeal Panels appointed under the Social Development Act
Appeal Panels appointed under the Social Care Facilities
Licensing Act
Appeal Panels appointed under the Widows' Pension Act
Appeal Panels appointed under the Child Welfare Act
Metis Settlements Appeal Tribunal
Metis Settlements Transition Commission
Social Care Facilities Review Committee
Aboriginal Affairs
HEALTH
Alberta Advisory Committee on AIDS
Alberta Advisory Committee on Communicable Disease
Control
Alberta Aids to Daily Living Benefits and Extended Health
Benefits Appeal Panels
Alberta Alcohol and Drug Abuse Commission
Alberta Breast Screening Policy Council
Alberta Health Facilities Review Committee
Alberta Technology Assessment Management Committee
Ambulance Advisory and Appeal Board
Health Nomination Review Panel
Health Services Funding Advisory Committee
Hospital Privileges Appeal Board
Incentive Payments Steering Committee
Management Committee for the Northern River Basins Human
Health Monitoring Program
Mental Health Patient Advocate
Mental Health Review Panels
Out-of-Province Supplementary Assistance Program Committee
Provincial Advisory Committee on Cardiovascular Services
Provincial Advisory Committee on Health Research
Provincial Advisory Committee on Mental Health Issues
Provincial Health Council
Provincial Renal Program Advisory Committee
Public Health Advisory and Appeal Board
Rural Physician Action Plan Co-ordinating Committee
Seniors Advisory Council of Alberta
Wild Rose Foundation
JUSTICE
Crimes Compensation Board
Fatality Review Board
Law Enforcement Review Board
Victim's Programs Assistance Committee
LABOUR
Board of Examiners for Dental Mechanics
Board of Examiners in Podiatry
Combined Laboratory and X-Ray Technician Committee
Council on Professions and Occupations
Dental Disciplines Advisory Committee
Electrical Board of Examiners
Eye Care Disciplines Advisory Committee
Health Disciplines Board
Joint Standards Directorate
Labour Relations Board
Mental Deficiency Nurses Committee
Occupational Health and Safety Council
Radiation Health Advisory Committee
Safety Codes Council
Workers' Compensation Board
Workers' Compensation Board Appeals Commission (pursuant
to the Workers' Compensation Act)
MUNICIPAL AFFAIRS
Alberta Real Estate Foundation
Alberta Social Housing Corporation
Driver Control Board
Debtors' Assistance Board
Funeral Services Regulatory Board
Municipal Government Board
Special Areas Board
The Alberta Real Estate Association (carrying out functions
delegated to it under the Real Estate Agents' Licensing Act)
MINISTER RESPONSIBLE FOR SCIENCE
AND RESEARCH
Alberta Research Council
Science and Research Authority
TRANSPORTATION AND UTILITIES
Alberta Liquor Control Board
Alberta Gaming and Liquor Commission
Liquor Licensing Appeal Council
Alberta Motor Transport Board
Alberta Racing Commission
TREASURY
Alberta Government Telephones Commission and subsidiaries
Alberta Insurance Council
Alberta Municipal Financing Corporation
Alberta Securities Commission
Alberta Securities Commission Policy Advisory Committee
Alberta Automobile Insurance Board
Credit Union Deposit Guarantee Corporation
Gainers Inc. and subsidiaries
General Insurance Council
Insurance Adjusters' Council
Insurance Appeal Board
Life Insurance Council
Local Authorities Pension Plan Board of Trustees
N.A. Properties
(1994) Ltd. (amalgamates 354713 Alberta Ltd.,
391760 Alberta Ltd. and S.C. Properties Ltd.)
Management Employees Pension Board
Public Service Pension Board
Special Forces Pension Board
Universities Academic Pension Board
Alberta Treasury Branches
SCHEDULE 2
FREEDOM OF INFORMATION AND PROTECTION
OF PRIVACY ACT: FEES
SCHEDULE
The amount of the fees set out in this
Schedule are the maximum amounts
that can be charged to applicants.
1 For locating and retrieving a record
$6.75 per ¬ hr.
2 For producing a record from an electronic record
(
a) Computer processing and related charges
(
b) Computer programming
Actual amount charged to public body
$10.00 per ¬ hr.
3 For preparing and handling a record for disclosure
$6.75 per ¬ hr.
4 For supervising the examination of a record
$6.75 per ¬ hr.
5 For shipping a record or a copy
Actual amount incurred by public body
6 For copying a record:
(
a) photocopies, hard copy laser print and computer printouts
(
b) floppy disks
(
c) computer tapes
(
d) microfiche (diazo film)
(
e) duplication of 16mm microfilm
(
f) duplication of 35mm microfilm
(
g) duplication microfilm or microfiche to paper
(
h) photographs (colour or black and white from negative)
(i) 4" X 5"
(ii) 5" X 7"
(iii) 8" X 10"
(iv) 11" X 14"
(v) 16" X 20"
(
i) plans and blueprints
(
j) duplication of slide
(
k) duplication of audio cassette
(
l) duplication of video cassette (¬", «" or 8mm - 1 hour)
(
m) duplication of video cassette (¬", «" or 8mm - 2 hour)
(
n) duplication of video cassette (3/4" - 30 minutes)
(
o) duplication of video cassette (3/4" - 1 hour)
(
p) any other media not listed above
$0.25 per page
$10.00 per disk
$55.00 per tape
$0.50 per fiche
$25.00 per roll
$32.00 per roll
$ 2.00 per page
$10.00
$13.00
$19.00
$26.00
$40.00
$0.50 per sq. ft.
$2.00 per slide
$5.00 per tape
$20.00 per tape
$25.00 per tape
$18.00 per tape
$23.00 per tape
Actual cost to public body
SCHEDULE 3
[date]
[third party's name and address]
Notice of Disclosure of Information under the
Freedom of Information and Protection
of Privacy Act,
section 31(4)
[Name of public body] has disclosed information
that relates to you in compliance with the requirements of
section 31 of
the Freedom of Information and Protection of Privacy Act. This Act
requires a public body to disclose:
(1) information about a risk of significant harm to the
environment, to the health or safety of the public, of a group of people,
or of a person, or
(2) information the disclosure of which is, for any other reason,
clearly in the public interest.
The information disclosed is [Explain the information. Provide a copy of
the record if a record exists. Explain why
section 31 applies to the
information.]. This decision was made by [name, job title] .
Signed: [name]
[phone number, address]
Alberta Regulation 201/95
Teachers' Retirement Fund Act
Interpretation Act
BOARD REPEALS BY-LAW NO. 1 OF 1995
Filed: August 24, 1995
Approved by the Lieutenant Governor in Council (O.C. 558/95) pursuant to
sections 46 and 53 of the Teachers' Retirement Fund Act and
section 23 of
the
Interpretation Act.
Repeals
1 The following are repealed:
(
a) the Alberta Regulation 201/75;
(
b) the By-law No. 15 of 1959, By-law No. 16 of 1959 and By-law No.
17 of 1959 (Alta. Reg. 210/74);
(
c) the By-law No. 1 of 1966 (Alta. Reg. 274/66);
(
d) the By-law No. 4 of 1968 (Alta. Reg. 330/68);
(
e) the By-law No. 3 of 1970 (Alta. Reg. 186/70);
(
f) the By-law No. 4 of 1970 (Alta. Reg. 311/70);
(
g) the By-law No. 3 of 1971 (Alta. Reg. 217/73);
(
h) the By-law No. 2 of 1972 (Alta. Reg. 170/72);
(
i) the By-law No. 4 of 1972 (Alta. Reg. 363/72);
(
j) the By-law No. 5 of 1972 (Alta. Reg. 384/72);
(
k) the Bylaw Number 6 of 1972 (Alta. Reg. 4/73);
(
l) the By-law No. 7 of 1972 The Pension By-law No. 7 of 1972
(Alta. Reg. 179/73);
(
m) the By-law No. 1 of 1973 (Alta. Reg. 181/73);
(
n) the By-law No. 1 of 1974 (Alta. Reg. 58/74);
(
o) the By-law No. 1 of 1975 (Alta. Reg. 23/75);
(
p) the By-law No. 4 of 1977 and By-law No. 5 of 1977 (Alta. Reg.
326/77);
(
q) the General Regulation (Alta. Reg. 313/57);
(
r) The Private School Teachers Pension By-law (Alta. Reg. 77/66);
(
s) The Reciprocal Pension By-law (Alta. Reg. 419/63);
(
t) the Reciprocal Pension By-law
(1972) Certification By-law
(Alta. Reg. 192/80);
(
u) the Reciprocal Pension By-law, 1980 (Alta. Reg. 192/80);
(
v) the Special By-law No. 1 of 1990 (Alta. Reg. 195/91).
Coming into force
2 This By-law comes into force immediately before the Teachers'
Retirement Fund Act is repealed.
------------------------------
Alberta Regulation 202/95
Teachers' Retirement Fund Act
Interpretation Act
TEACHERS' RETIREMENT FUND ACT (REPEALS) REGULATION
Filed: August 24, 1995
Made by the Lieutenant Governor in Council (O.C. 559/95) pursuant to
sections 46 and 53 of the Teachers' Retirement Fund Act and
section 23 of
the
Interpretation Act.
Repeals
1 The following are repealed:
(
a) the Teachers' Retirement Fund Act (Temporary Amendment)
Regulation, 1993 (Alta. Reg. 196/93);
(
b) the Teachers' Retirement Fund Act (Temporary Amendment) (No. 2)
Regulation, 1993 (Alta. Reg. 215/93).
Coming into force
2 This Regulation comes into force immediately before the Teachers'
Retirement Fund Act is repealed.
Alberta Regulation 203/95
Teachers' Pension Plans Act
TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION PLANS
Filed: August 24, 1995
Made by the Lieutenant Governor in Council (O.C. 556/95) pursuant to
section 14 of the Teachers Pension Plans Act.
Table of Contents
Introduction 1
Division of Regulation 2
Amendments to
Schedule 1, Subschedule 2 3
Commencement 4
Schedule 1
Teachers' Pension Plan
Interpretation generally 1
Interpretation - Related Plan 2
Interpretation - employee 3
Part 1
Administration
Administration of Plan 4
Fiscal year of Plan 5
Forms 6
Part 2
Participation
Active membership participation 7
Participation through substitute service 8
Exceptions to participation 9
Part 3
Funding
Current service contributions 10
Members' contributions for post-August 1992 liabilities 11
Members' additional contributions 12
Employer-contributors' contributions 13
Employers' liability to remit 14
Interest on unremitted contributions 15
Exclusive funding by members 16
Contributions giving no pensionable service 17
Part 4
Pensionable Service
Rules for computing pensionable service 18
Substitute service 19
Calculation of current service 20
Requirement to apply and observe conditions 21
Prior service contributions 22
Status of reciprocal service 23
Reacquisition for simultaneous transfer 24
Part 5
Benefits
Interpretation 25
Division 1
Retirement Benefits
Tax rule limitation on benefits 26
Normal pension based on age or age and service 27
Spousal protection 28
Alternative forms of pension 29
Early retirement pension 30
Pension after reaching 71 31
Division 2
Benefits on Death Before Pension Commencement
Application and
interpretation of Division 32
Surviving spouse's benefits 33
Children's benefits where no spouse 34
Benefits where no spouse or children 35
Effect of matrimonial property order 36
Division 3
Benefits on Termination
Before Pension Eligibility
Application of Division 37
Termination on vested basis 38
Termination before vesting 39
Frequency of payments 40
Division 4
Benefits Generally
Failure to select pension 41
Postponement of pension 42
Application for benefits 43
Exercise of benefit choice 44
Change in pension form 45
Locking in 46
LIRA, etc., transfers 47
Cost-of-living increases 48
Co-ordination of certain pensions with C.P.P. 49
Division 5
Miscellaneous
Pension commencement 50
Commencement of guaranteed term of years 51
Pension payment provisions 52
Interest allowances 53
Beneficiaries 54
Pension commutation after death 55
Pension off-set on re-employment 56
Continuation of existing pension rights 57
Part 6
Miscellaneous
Reciprocal agreements 58
Evidence requirement 59
Calculation of service, etc. 60
Advance against pension 61
Prohibition against assignment, etc. 62
Recovery of money due 63
Payment of money due 64
Exceptions to sections 63 and 64 65
Retentions for debt 66
Part 7
Transitional Provisions
Disabled status 67
Contribution arrangements under former Act 68
Pension on termination after age 65 69
Spousal protection 70
Cost-of-living increases 71
Interest on refunded contributions 72
Subschedule 1 to
Schedule 1
Form
Subschedule 2 to
Schedule 1
Interest Allowances and Employee
Contributions and Commuted Value Determinations
Definitions 1
Validation 2
Interest with effect as at end of 1994/95 3
Interest with effect as at end of subsequent fiscal years 4
Interest on actuarial acquisition contributions 5
Interest credit on death or termination 6
Payment of refunds or transfers 7
Payments or transfers not received 8
Commuted value 9
Schedule 2
Private School Teachers' Pension Plan
Interpretation generally 1
Interpretation - Related Plan 2
Interpretation - employee 3
Part 1
Administration
Administration of Plan 4
Fiscal year of Plan 5
Forms 6
Part 2
Participation
Active membership participation 7
Employer participation 7.1
Participation through substitute service 8
Exceptions to participation 9
Part 3
Funding
Current service contributions 10
Non-applicability of certain contributions 11
Non-applicability of additional contributions 12
Employer-contributors' contributions 13
Employers' liability to remit 14
Interest on unremitted contributions 15
Exclusive funding by members 16
Contributions giving no pensionable service 17
Part 4
Pensionable Service
Rules for computing pensionable service 18
Substitute service 19
Calculation of current service 20
Requirement to apply and observe conditions 21
Prior service contributions 22
Status of reciprocal service 23
Reacquisition for simultaneous transfer 24
Part 5
Benefits
Interpretation 25
Division 1
Retirement Benefits
Tax rule limitation on benefits 26
Normal pension based on age or age and service 27
Spousal protection 28
Alternative forms of pension 29
Early retirement pension 30
Pension after reaching 71 31
Division 2
Benefits on Death Before Pension Commencement
Application and
interpretation of Division 32
Surviving spouse's benefits 33
Children's benefits where no spouse 34
Benefits where no spouse or children 35
Effect of matrimonial property order 36
Division 3
Benefits on Termination
Before Pension Eligibility
Application of Division 37
Termination on vested basis 38
Termination before vesting 39
Frequency of payments 40
Division 4
Benefits Generally
Failure to select pension 41
Postponement of pension 42
Application for benefits 43
Exercise of benefit choice 44
Change in pension form 45
Locking in 46
LIRA, etc., transfers 47
Cost-of-living increases 48
Co-ordination of certain pensions with C.P.P. 49
Division 5
Miscellaneous
Pension commencement 50
Commencement of guaranteed term of years 51
Pension payment provisions 52
Interest allowances 53
Beneficiaries 54
Pension commutation after death 55
Pension off-set on re-employment 56
Continuation of existing pension rights 57
Part 6
Miscellaneous
Reciprocal agreements 58
Evidence requirement 59
Calculation of service, etc. 60
Advance against pension 61
Prohibition against assignment, etc. 62
Recovery of money due 63
Payment of money due 64
Exceptions to sections 63 and 64 65
Retentions for debt 66
Part 7
Transitional Provisions
Disabled status 67
Contribution arrangements under former Act 68
Pension on termination after age 65 69
Spousal protection 70
Cost-of-living increases 71
Interest on refunded contributions 72
Subschedule 1 to
Schedule 2
Form
Subschedule 2 to
Schedule 2
Interest Allowances and Employee
Contributions and Commuted Value Determinations
Introduction
1 This Regulation, together with parts of the Teachers' Pension Plans
Act, constitute the plan rules for the Teachers' Pension Plan and the
Private School Teachers' Pension Plan.
Division of Regulation
2 This Regulation is divided into
(
a) Schedule 1, containing plan rules for the Teachers' Pension
Plan, and
(
b) Schedule 2, containing plan rules for the Private School
Teachers' Pension Plan.
Amendments to
Schedule 1, Subschedule 2
3 Subschedule 2 to
Schedule 1 is amended
(
a) in
section 1(
a) and (
c) by striking out "3 or 4, as the case
may be," and substituting "4";
(
b) in
section 1(
c) by striking out "or, in the case of ECB
(1993/94)," to the end of that clause;
(
c) by repealing
section 1(
e) and (f);
(
d) by repealing sections 2, 3 and 4(3);
(
e) in
section 5 by striking out "IA, IB or".
Commence-ment
4(1) Subject to this section, this Regulation comes into force on
September 1, 1995.
(2) Section 3(d), insofar as it repeals
section 2 of Subschedule 2 to
Schedule 1, comes into force on September 2, 1995.
(3) Section 3(
a) and (
b) and
section 3(d), insofar as it repeals
section 3
of Subschedule 2 to
Schedule 1, come into force on December 31, 1995.
(4) Section 3(
c) and (
e) and
section 3(d), insofar as it repeals
section
4(3) of Subschedule 2 to
Schedule 1, come into force on December 31, 1996.
SCHEDULE 1
TEACHERS' PENSION PLAN
Interpretation generally
1(1) In these plan rules,
(a) "acquire", used in relation to service, means acquire as
pensionable service
(
i) in the case of current service other than that
referred to in
section 23(2)(b), by having performed it, and
(ii) in the case of prior service and service referred
to in
section 23(2)(b), by having complied with the applicable provisions
Part 4, including paying for it;
(b) "Act" means the Teachers' Pension Plans Act, so far as it
affects the Plan;
(c) "active member" means a member who participates in the Plan as
an active member of it by virtue of
section 7 and, with respect to any
period before commencement, includes a person who, during that period, was
contributing on a current service basis under the former Act;
(d) "actuarial equivalent" means the equivalent in actuarial
present value, determined on the basis recommended by the Plan's actuary
and approved by the Board;
(e) "actuarial reserve" means the actuarial present value, as at
the relevant date, of benefits, including the portion of those benefits
relating to expected future salary increases, determined as if the member
were entitled to a pension commencing at the earliest date allowed by the
Plan and on the basis recommended by the Plan's actuary and approved by the
Board;
(f) "additional contributions" means additional contributions under
section 19 of the Act;
(g) "benefit" means a retirement benefit, a death benefit or a
benefit on termination before a member becomes eligible to receive a
pension, under
Part 5, and includes any benefit under the former Act;
(h) "combined pensionable service", subject to clause (i), means
(
i) pensionable service, and
(ii) pensionable service (if any) recognized under the
Related Plan;
(i) "combined pensionable service in the Related Plan" means
combined pensionable service described in clause (h)(ii);
(j) "commencement", except where it relates to a pension, means
September 1, 1995;
(k) "commuted value" means, in relation to benefits to which a
member has a present or future entitlement, the actuarial present value of
those benefits determined, as at the relevant date, using actuarial
assumptions and methods recommended by the Plan's actuary in accordance
with the recommendations of the Canadian Institute of Actuaries;
(l) "contributing active member" means an active member who is not
a disabled member, not on a leave of absence and not on strike;
(m) "contributions" means contributions, including additional
contributions, under the Plan, and includes any payment referred to in
section 18(1)(
c) and contributions under the former Act that are of a
nature corresponding to those in question;
(n) "current service contributions" means a contributing active
member's contributions under
section 10(1), and includes corresponding
contributions paid by a member on a current service basis under the former
Act;
(o) "disabled member" is to be construed in accordance with
subsection (2);
(p) "employee" means
(
i) a person who is employed
(
A) under a contract of employment that is
in accordance with
section 78 or 94.1 of the School Act,
(
B) under
section 77 of that Act,
(
C) in a chartered school under a contract
of employment that is in accordance with
section 24.5, as it incorporates
section 77, 78 or 94.1, of that Act,
(
D) by the Association,
(
E) by a local of the Association, or
(
F) by the Lloydminster Public School
District or the Lloydminster Roman Catholic School Division under
circumstances equivalent to those covered by paragraph (A), (
B) or (C), if
he has not opted to become an active participant of an equivalent pension
plan in Saskatchewan,
and who holds a certificate of qualification as a
teacher issued under that Act, the holding of such a certificate being a
condition of that person's employment with the employer and being a normal
vocational requirement in Alberta for work of the general class or category
into which that employment falls,
(ii) any other person who was, immediately before
commencement, contributing as a member on a current service basis under the
former Act and has not subsequently ceased to participate in the Plan by
virtue of ceasing to participate on the basis that applied immediately
before commencement, or by virtue of death, or
(iii) a person to whom
section 3 applies;
(q) "employee contributions" means the following, so far as they
have not previously been returned or paid or transferred out of the Plan,
namely
(
i) current service contributions,
(ii) contributions paid under
section 11,
(iii) additional contributions paid under
section 12,
(iv) any part of a sum paid into the Plan under a
reciprocal agreement that is recognized by the Board pursuant to that
reciprocal agreement as employee contributions, and
(
v) contributions for prior service made by a member,
and includes interest on those amounts credited under
section
53;
(r) "employer" means a person who employs a plan employee or a
substitute teacher or otherwise occupies an employer or former employer
relationship in relation to a person who is or was a plan employee or a
substitute teacher;
(s) "employer-contributor" means,
(
i) subject to subclause (ii), the Crown, and
(ii) employers relative to
(
A) plan employees covered by clause
(p)(i)(E),
(
B) plan employees described in clause
(p)(ii), and
(
C) persons who were any such plan
employees;
(t) "fiscal year" means the fiscal year of the Plan provided for in
section 5;
(u) "former Act" means the former Act within the meaning of the
Act, to the extent that it affects the Plan and does not exclusively affect
the Related Plan;
(v) "full-time basis" means, in relation to employment, the basis
where the regularly scheduled periods of work in the employment are at
least equal to the total time contemplated by the latest report referred to
section 9(6)(
b) of the Regulations, and "full-time actual basis" means
the basis where all those regularly scheduled periods on all the working
days in a given month are actually worked in that month;
(w) "inactive member" means
(
i) a person who was, but has ceased to be, an active
member, is not an active member of the Related Plan and remains a living
member, or
(ii) any other living member, other than an active
member or an active member of the Related Plan, who has acquired substitute
service;
(x) "leave of absence" means a period
(
i) during which a member who was an active member
immediately before the period commenced was on an unpaid leave, or on a
paid paternity, adoption or sabbatical leave or on a paid
non-health-related portion of a maternity leave, from the regular duties of
the member's employment with the employer's authority, and
(ii) respecting which that member proves to the Board's
satisfaction that the period complies with subclause (i);
(y) "locked-in retirement account" means a registered retirement
savings plan that meets the conditions referred to in
section 1(1)(s.1) of
the Employment Pension Plans Act;
(z) "matrimonial property order" means a matrimonial property order
within the meaning of the Matrimonial Property Act, or a similar order
enforceable in Alberta of a court outside Alberta, that affects the payment
or distribution of benefits;
(aa) "member" means any person who, in the normal course of events,
has a present or a future entitlement to apply for and receive any benefit
as a result of the acquisition of service by him or by a deceased person
through whom the entitlement derives;
(bb) "month" means a calendar month;
(cc) "monthly rate of salary" or "MRS" means the annual rate of
current pensionable salary that is or would be payable on a regular basis
to a contributing active member who is employed or if he were employed on a
full-time basis and if he works or worked on a full-time actual basis for
the whole school year, divided by 12;
(dd) "new reciprocal agreement" means a reciprocal agreement in
respect of which all the conditions specified in
section 58(2) had been
fully met at the time in question;
(ee) "old reciprocal agreement" means a reciprocal agreement that is
not a new reciprocal agreement, including the agreement with the British
Columbia Superannuation Commission referred to in
section 58(2);
(ff) "on strike" means engaged in a strike within the meaning of the
Labour Relations Code;
(gg) "pension" means a pension under the Plan;
(hh) "pension commencement" means the time established by
section 50
that constitutes the effective time for the commencement of the relevant
pension;
(ii) "pensionable salary" means, subject to clause (jj) and
section
25(3) and (4),
(
i) in respect of a calendar year before 1992, salary,
and
(ii) in respect of any calendar year after 1991, salary
that is compensation within the meaning of the tax rules, subject however
to such limitation as is necessary to ensure that no benefit accrual
exceeds the defined benefit limit fixed by the tax rules for that year;
(jj) "pensionable salary paid" or "PSP" means the pensionable salary
that is or would be paid to a contributing active member in respect of a
given month, excluding retroactive salary adjustments other than those
directly relating to that month, if the member is or were paid the monthly
rate of salary for working exactly on a full-time actual basis, but based
on the actual period for which the member is paid in respect of that month;
(kk) "pensionable service" means, with respect to a member and
subject to sections 18 and 25(5), service in respect of which contributions
have been made under
section 10 or 18 or under the former Act or a period
of service performed as a disabled member, and as calculated, in the case
of the current service of a contributing active member, pursuant to
section
20;
(ll) "pensioner" means an inactive member who has terminated and
commenced to receive a pension;
(mm) "Plan" means the Principal Plan partly contained in this
Schedule;
(nn) "plan employee" means an employee other than one to whom
section 3 applies;
(oo) "Plan's actuary" means the Fellow of the Canadian Institute of
Actuaries engaged by the Board as the Plan's actuary or to perform the
function in question;
(pp) "prior service" means any service other than
(
i) that for which current service contributions are or
were liable to be made,
(ii) service performed as a disabled member, and
(iii) combined pensionable service in the Related Plan,
and includes service described in
section 18(1)(c)(iv) or 24,
even if the original service performed were service described in subclause
(i);
(qq) "reciprocal agreement" means a reciprocal or any other
agreement entered into under
section 58, and includes a similar agreement
entered into by the Board before commencement;
(rr) "reciprocal service" means service recognized as pensionable
under a reciprocal agreement by the other party to the agreement and
transferred into the Plan under the agreement;
(ss) "registered" means registered or accepted for registration
under the Income Tax Act (Canada);
(tt) "Regulations" means the Teachers' Pension Plans (Legislative
Provisions) Regulation to the extent that it affects the Plan and does not
exclusively affect the Related Plan;
(uu) "Related Plan" means the Private School Plan and, in the
context of a specific provision, means
Schedule 2;
(vv) "salary" means
(
i) in the case of a contributing active member, the
remuneration, including any isolation, living and location allowances that
are fixed by that member's employer, that relates to the member's
performance of the duties of the employment, including any payment that is
deferred by agreement between the employer and the member under a contract
that is in accordance with the School Act or under a voluntary remuneration
deferral scheme, but excluding
(
A) any payments, other than any such
deferred payments, that relate to or that are made in conjunction with the
member's termination,
(
B) any automobile or expense allowance or
any perquisites related to the employment,
(
C) any payment made in lieu of vacation
leave not taken,
(
D) bonuses, other than signing bonuses
under a collective agreement within the meaning of the Labour Relations
Code, and
(
E) any remuneration payable with respect
to any service that is incapable of acquisition by virtue of
section 18(4);
whether those excluded payments are paid under
contract or gratuitously,
(ii) in the case of a disabled member who was being
treated as disabled under the former Act immediately before September 1,
1992,
(
A) in respect of any period before that
date, the remuneration described in subclause (
i) that applied immediately
before he became so disabled, and
(
B) in respect of any period after August
31, 1992, the remuneration specified in paragraph (A), adjusted on
September 1, 1992 in respect of the period between the date he became so
disabled and August 31, 1992 using the adjustments to that remuneration
that would have been applicable over that period of time based on the
remuneration grid level applicable to him immediately before the date he
became so disabled, and further adjusted from that time onwards using the
remuneration adjustments referred to in subclause (iii), and rounded to the
nearest dollar,
(iii) in the case of any other disabled member, the
pensionable salary paid, to a maximum of the monthly rate of salary, that
applied in the last full calendar month before he became a disabled member,
adjusted from disablement onwards on September 1 in each year by
multiplying
(
A) on the first September 1 occurring
after the day on which disablement occurred, that remuneration, and
(
B) on each subsequent September 1, the
remuneration prevailing as a result of the adjustment, if any, under this
subclause on the previous September 1,
by (1 + X), where X is the average of the
percentage changes (expressed as a decimal fraction rounded to 4 digits
after the decimal point) in the four-year university maximum grid levels
as provided by the collective agreements of the Calgary and Edmonton Public
and Separate School Boards in respect of the period in question as of that
September 1 compared with the corresponding amount as of September 1 in the
preceding year, and rounded to the nearest dollar;
(ww) "school year" means, in relation to an employer, the period
that the employer reports to the Board as its school year under
section
9(6)(
a) of the Regulations;
(xx) "service" means
(
i) a period during which a person is or was a plan
employee,
(ii) a period during which a person
(
A) is or was a disabled member, or
(
B) was, before September 1, 1992, treated
as disabled under the former Act,
(iii) combined pensionable service in the Related Plan,
(iv) a period recognized as pensionable under a
reciprocal agreement by the other party to the agreement,
(
v) substitute service,
(vi) all other periods referred to in
section 18(1)(d),
and
(vii) where a contributing active member terminates and
receives a payment such that his pensionable salary paid for the month in
which the termination occurs exceeds his monthly rate of salary for that
month, a further period calculated as follows:
but does not include any period when a person was in receipt of
a disability allowance originally granted under the former Act or when a
person, other than a disabled member or a member on a leave of absence, is
or was on strike;
(yy) "spouse", in relation to a member, means
(
i) a person of the opposite sex who, at the relevant
time, was married to that member and had not been living separate and apart
from that member for 3 or more consecutive years, or
(ii) if there is no person to whom subclause (
i) applies, a person of the opposite sex who lived with that member in a
conjugal relationship for the 3-year period immediately preceding the
relevant time and was, during that period, held out by that member in the
community in which they lived as the member's consort;
(zz) "substitute service" means a period served in the capacity of a
substitute teacher since May 1, 1971;
(aaa) "substitute teacher" means a teacher referred to in
section
81(1) of the School Act;
(bbb) "terminates"
(
i) used in relation to an active member, means ceases
to be an active member and, on that cessation, becomes an inactive member
described in clause (w)(i), and
(ii) used in relation to a person who is not an active
member and whose most recent service acquisition was of substitute service,
means applies to the Board for a benefit as a result of which application a
pension actually commences or another benefit is paid under Division 3 of
Part 5;
(ccc) "transfer" or "transferred", where used with reference to the
transfer of money from the Plan, means transfer or transferred (as the case
may be) to another registered pension plan, to a registered retirement
savings plan, to a locked-in retirement account or to any other registered
vehicle that is designed to assist with retirement savings, to the extent
that the tax rules allow such a transaction and with any amount in excess
of what the tax rules allow being paid to the person entitled;
(ddd) "vested" means, in relation to a member, having accumulated at
least
(i) 10 years' qualifying service before September 1,
1992,
(ii) 5 years' qualifying service after August 31, 1992,
(iii) 5 years' qualifying service that includes a period
of combined pensionable service in each of the 1991 - 1992 and the 1992 -
1993 school years,
for which purpose "qualifying service" means combined
pensionable service and, if applicable, unacquired service described in
section 18(1)(c)(iii) where the reciprocal agreement referred to in that
subclause is a new reciprocal agreement;
(eee) "work" includes any situation in which a member does not
actually work but is contractually treated by the employer as if he were
working;
(fff) "year's maximum pensionable earnings" means the Year's Maximum
Pensionable Earnings within the meaning of the Canada Pension Plan
(Canada).
(2) For the purposes of the Plan, a person was a disabled member at any
time or during any period after August 31, 1992 respecting which
(
a) he satisfies the Board, with such proof as the Board requires,
that
(
i) either
(
A) he was eligible to receive benefits
under the employer's long-term disability income continuance plan or
program for its workers, or
(
B) he fell within any other circumstances
that the Board reasonably decides to be equivalent to having such
eligibility and was suffering from a physical or mental impairment that
prevented him from performing the duties of the employment in which he was
engaged before the commencement of the impairment,
(ii) he was a contributing active member, on a leave of
absence or on strike immediately before the period commenced, and
(iii) if he qualified under subclause (
i) during a period
of leave of absence or while on strike, that leave or strike period has
ended,
(
b) he has applied to the Board to be treated as having been a
disabled member at that time or during that period, and
(
c) he was not in receipt of a disability allowance originally
granted under the former Act.
(3) For the purposes of subsection (1)(yy), persons are living separate
and apart
(
a) if they are living separate and apart and either of them has
the intention to live separate and apart from the other, or
(
b) if,
(
i) they had been living separate and apart,
(ii) the separation was interrupted or ended by reason
only that either of them became incapable of continuing to live separate
and apart or of forming or having the intention to continue to live apart
of that person's own volition, and
(iii) the separation would probably have continued if
that person had not become so incapable.
Interpretation - Related Plan
2(1) Where a provision of this
Schedule makes reference to the Related
Plan and the context of that provision calls for a matter to be determined
by reference to the Related Plan, then, expressions used in that provision,
to the extent that they fall to be construed under the Related Plan, are to
be interpreted in accordance with the
definitions and other
interpretation
provisions of the Related Plan rather than those of this Plan.
(2) Where a provision of this
Schedule makes reference to a specific
enactment in the Related Plan and the
section of the Related Plan relating
to that specific enactment incorporates by reference the whole of the
corresponding
section of this
Schedule or a part of it that includes the
enactment in this
Schedule corresponding to that specific enactment
reference, the reference is to be treated as being to the corresponding
specifically referenced enactment in this
Schedule as it is incorporated by
that
section of the Related Plan.
Interpretation - employee
3 A plan employee who has pensionable service that becomes combined
pensionable service in the Related Plan under the Related Plan on joining
the Related Plan nevertheless remains an employee for the purposes of this
Plan as well as being an employee for the purposes of the Related Plan as
long as he remains a plan employee under the Related Plan.
PART 1
ADMINISTRATION
Administration of Plan
4(1) Notwithstanding anything in the Plan, the Board shall administer the
Plan in accordance with the tax rules.
(2) If in any respect the Plan does not comply with the applicable tax
rules, the Board may administer the Plan as if it were amended so to
comply.
Fiscal year of Plan
5 The fiscal year of the Plan is from September 1 in one year to August
31 in the next.
Forms
6 The Board may establish any forms required for the purposes of the Plan
other than that in Subschedule 1 and may require that any applications,
notices or other documents provided to it be in the form so established.
PART 2
PARTICIPATION
Active membership participation
7 Subject to
section 9, a person is to participate in the Plan as an
active member
(
a) if the person is a plan employee, or
(
b) while the person is a disabled member.
Participation through substitute service
8 A person who has taught on the basis specified in
section 81(1) of the
School Act is entitled to participate in the Plan to the extent of
acquiring substitute service.
Exceptions to participation
9 Sections 7 and 8 do not apply to a person
(
a) after the end of the calendar year in which the person attains
the age of 71 years,
(
b) who attained that age before commencement,
(
c) who, by reason of proximity to the end of the calendar year of
attaining the age of 71 years and his not being vested, cannot become
vested or could become vested only if he acquired service under
section 18
and does not acquire it, or
(
d) who is in receipt of a pension in respect of his own
pensionable service.
PART 3
FUNDING
Current service contributions
10(1) A contributing active member shall, at monthly intervals during all
periods in which that status is maintained, make contributions for current
service referred to in
section 16(5) of the Act in the amounts set by this
section.
(2) The monthly rate at which current service contributions are payable by
contributing active members for the purposes of this
section
(
a) is 6.36% of their pensionable salary paid, if their pensionable
salary paid does not exceed, or of the portion of it that does not exceed,
the one-twelfth of the year's maximum pensionable earnings that is
applicable to that month, and
(
b) if the pensionable salary paid does exceed that one-twelfth of
those earnings, is 9.56% of the excess,
which rates include the full cost to such members of the cost-of-living
increases in pensions referred to in
section 16.
(3) The specific amount of current service contributions payable by a
contributing active member in respect of any given month is as follows:
(4) In subsection (3), "full-time monthly current service contributions"
means the exact amount of current service contributions that would be
payable in the month in question by the contributing active member if he
worked in the employment for that entire month on exactly a full-time
actual basis and if the current service contributions were paid based on
the monthly rate of salary for that month.
Members' contributions for post-August 1992 liabilities
11 Whenever a contributing active member makes current service
contributions, he shall also make contributions for unfunded liabilities
attributable to pensionable service after August 31, 1992, under
section
16(6) of the Act, at the rate of 0.12% of his pensionable salary paid.
Members' additional contributions
12 Whenever a contributing active member makes current service
contributions, he shall also pay additional contributions at the rate of
1.65% of his pensionable salary paid.
Employer-contributors' contributions
13 Whenever current service contributions are made, the contributing
active member's employer-contributor shall make contributions at the rate
(
a) for current service under
section 16(5) of the Act, of 6.85%,
(
b) for unfunded liabilities referred to in
section 11, of 0.12%,
and
(
c) in the case of additional contributions, of 3.41%,
of the member's pensionable salary paid.
Employers' liability to remit
14 Notwithstanding anything in sections 10, 11 and 12, an employer who is
paying a contributing active member's remuneration is liable for the
remittance of the contributions under those sections, for which purpose the
employer shall withhold those contributions from the remuneration payments.
Interest on unremitted contributions
15(1) Where any contributions that are required to be remitted for current
service by an employer or an employer-contributor are not received by the
Board on or before the end of a period of 5 business days of the Board
following the end of the month for which they are payable, the Board may
charge the employer or the employer-contributor, as the case may be,
interest on those overdue contributions from that month-end.
(2) Interest under subsection (1) is payable on a daily basis, compounded
monthly, at a rate per year equal to the prime interest rate of the
financial institution primarily used by the Board and prevailing on that
institution's first business day of each quarter of a fiscal year plus 2%.
Exclusive funding by members
16 Notwithstanding anything in the Plan, that part of the cost of the
cost-of-living increases referred to in
section 48(1) and (2) that
represents the difference between the adjusted amount of pension calculated
according to
section 48(5)(
b) and the amount that would have been payable
had the formula in that clause been (1 + .6X) is to be met entirely by
current service contributions and by contributions from persons acquiring
substitute service.
Contributions giving no pensionable service
17 Notwithstanding anything in the Plan, a person is not liable to, and
may not, make contributions in respect of any period which, on the payment
of the contributions, will not constitute pensionable service.
PART 4
PENSIONABLE SERVICE
Rules for computing pensionable service
18(1) Subject to this
section and sections 19 and 20, in computing the
length of pensionable service that a member accumulated, the following
periods of service are the periods to be taken into account:
(
a) service with an employer in respect of which current service
contributions have been made;
(
b) service as a disabled member;
(
c) subject to
section 21(1), where payment has been made for
service described in this clause on an actuarial reserve basis (the
relevant date for the ascertainment of actuarial reserve being the date of
its calculation by the Board),
(
i) prior service with an employer, including
substitute service dealt with in
section 19,
(ii) service transferred into the Plan under a
reciprocal agreement that is recognized by the Board as pensionable
service,
(iii) to the extent, if any, that the service recognized
by the Board under subclause (ii) does not cover all the service recognized
as pensionable by the other party to the reciprocal agreement, the
difference,
(iv) service that would be pensionable service but for
subsection (3), and
(
v) service before September 1, 1992 in respect of
which a person was treated as disabled under the former Act,
and
(
d) all other periods before commencement that constituted service,
and that were acquired, under the former Act.
(2) Service that is recognized as pensionable under any other registered
pension plan under which a person is receiving or is or will be entitled to
receive a pension in respect of the service, including the Related Plan,
may not be taken into account as pensionable service.
(3) Service with respect to which the contributions made have been
returned or paid out or contributions or the actuarial present or commuted
value of a pension have been transferred out of the Plan on a person's
behalf may not be taken into account as pensionable service.
(4) Notwithstanding anything in the Plan, a member cannot acquire more
than one year's combined pensionable service in respect of service
performed in a calendar year, regardless of the nature and extent of the
service so performed.
(5) Contributions referred to in subsection (1)(
c) are subject to any
limitations imposed under the applicable circumstances by the tax rules.
(6) Notwithstanding anything in the Plan,
(
a) where a person performed service before 1992 and before his
65th birthday for an aggregate period in excess of 35 years, such portion
of that service (if any), starting from the earliest service and working
chronologically forwards, as is necessary to result in the pre-1992,
pre-age 65 service being exactly 35 years' combined pensionable service, is
not to be taken into account as combined pensionable service, and
(
b) service performed before 1992 after a person had attained the
age of 65 years is not to be taken into account as combined pensionable
service.
(7) In determining actuarial reserve for the purposes of subsection
(1)(c)(
i) of a member who is acquiring a leave of absence as pensionable
service, the remuneration to be used in the calculation is 12 times the
member's monthly rate of salary at the time of the calculation.
Substitute service
19(1) This
section applies with respect to the acquisition under
section
18(1)(c)(
i) of substitute service as pensionable service.
(2) An inactive member may acquire substitute service only
(
a) in exactly 200-day blocks, or
(
b) in conjunction with an application for a pension that results
in pension commencement in the normal course.
(3) An active or an inactive member of the Related Plan may acquire
substitute service under this Plan as pensionable service under this Plan,
but only on the basis specified in subsection (2)(
a) or (b).
(4) The annual remuneration to be used in the calculation of actuarial
reserve in the acquisition of substitute service under this Plan is the
greater of the person's highest average earnings within the meaning of
section 25(1)(
a) at the time of the calculation and
(
a) if the person is a contributing active member or a contributing
active member of the Related Plan, 12 times that member's monthly rate of
salary,
(
b) if the person is a disabled member or a disabled member of the
Related Plan, the annual amount of salary described in
section 1(1)(vv)(ii)
or (iii), as the case may be, but calculated as if that person were
employed on a full-time basis and were working on a full-time actual basis
immediately before disablement and throughout the period in question,
(
c) if the person is a member or a member of the Related Plan on a
leave of absence, 12 times the amount of his monthly rate of salary
prevailing at the time he was last a contributing active member (rounded to
the nearest dollar), adjusted from that time onwards on September 1 in each
year by multiplying
(
i) on the first September 1 occurring after the day on
which disablement occurred, that amount, and
(ii) on each subsequent September 1, the amount
prevailing as a result of the adjustment, if any, under this clause on the
previous September 1,
by (1 + X), where X is the average of the percentage changes
(expressed as a decimal fraction rounded to 4 digits after the decimal
point) in the four-year university maximum grid levels as provided by the
collective agreements of the Calgary and Edmonton Public and Separate
School Boards in respect of the period in question as of that September 1
compared with the corresponding amount as of September 1 in the preceding
year, and rounded to the nearest dollar,
(
d) if the person is on strike or on strike from the Related Plan,
12 times his monthly rate of salary prevailing before the strike started,
(
e) if none of clauses (
a) to (
d) applies, the average of the
annual remuneration rates (rounded to the nearest dollar) that would be
paid, as of the September 1 on or preceding the date of calculation, to
full-time plan employees on the four-year university minimum grid level as
provided by the collective agreements referred to in clause (c),
if he has such highest average earnings, or the remuneration specified in
clause (a), (b), (c), (
d) or (e), as the case may be, if not.
(5) If
(
a) the substitute service being acquired amounts exactly to a
200-day block of substitute service or if an acquisition of substitute
service is made in conjunction with the person's application for a pension
that results in pension commencement in the normal course, and
(
b) the substitute service is not being reacquired under
section
18(1)(c)(iv) under circumstances where the employer-contributor had already
contributed for that service under this subsection or the corresponding
provision of the former Act,
the employee's general liability to make all the contributions for prior
service is subject to the requirement that the employer-contributor must
pay half of the total amount of the contributions required to acquire the
substitute service, except that the full cost relating to the substitute
service of that part of the cost-of-living increases referred to in
section
48(1) or (2) that represents the difference between the adjusted amount of
pension calculated according to
section 48(5)(
b) and the amount that would
have been payable had the formula in that clause been (1 + .6X) is to be
met by the employee.
(6) If a person applies to acquire substitute service in conjunction with
an application for a pension but does not commence the pension relative to
the time reported to the Board for pension commencement, the whole
transaction, so far as it relates to any period outside a 200-day block, is
to be reversed as if the acquisition had never been made.
Calculation of current service
20(1) The pensionable service of a contributing active member attributable
to current service is to be calculated for each month in accordance with
subsection (2).
(2) The calculation of the pensionable service for any given month is the
following fraction of a year's pensionable service:
Requirement to apply and observe conditions
21(1) Service described in
section 18(1)(
c) or
section 24 may not be
acquired unless the person wishing to acquire it applied to the Board to
out in this Part.
(2) Subject to subsection (3), the service may be acquired only by a
person who at the time of the application to acquire it, is a contributing
active member or a disabled member.
(3) Subsection (2) does not apply with respect to the acquisition of
(
a) substitute service, or
(
b) service referred to in
section 24.
Prior service contributions
22(1) The minimum amount of either pre-1993 or post-1992 service
described in
section 18(1)(c)(i), (iii), (iv) or (v), other than substitute
service, that a member may acquire at any one time is
(
a) one half-year of that pre-1993 or post-1992 service,
(
b) the full amount of that pre-1993 or post-1992 service if the
total period of that service or the total period of it remaining to be
acquired is less than one half-year, or
(
c) any amount of that service if the application to acquire it is
being made in conjunction with an application for a pension.
(2) After receiving an application to acquire service referred to in
subsection (1), the Board shall calculate the amount of contributions
required and forthwith notify the member in writing of the required amount
and of the date by which the contributions for the service must be paid in
full under subsection (3).
(3) Contributions for the service being acquired must be paid in full
before the end of the month following the month in which the date occurs as
of which the amount of the contributions is calculated and, if those
contributions are not fully paid by then, the application for the
acquisition is deemed to be withdrawn.
(4) Where
(
a) an application is made with reference to subsection (1)(c),
(
b) the member does not commence the pension relative to the time
reported to the Board for pension commencement, and
(
c) the acquisition would fall short of the requirements of
subsection (1)(
a) and (b),
the whole transaction is to be reversed as if the acquisition had never
been made.
Status of reciprocal service
23(1) When reciprocal service, other than that acquired under
section
18(1)(c)(iii), has been recognized by the Board as pensionable service,
then, for all purposes of the Plan, that service is thenceforth deemed to
be service originally performed with an employer rather than with the party
to the reciprocal agreement.
(2) As a result, but without limiting the effect, of subsection (1),
(
a) all contributions transferred into the Plan from the original
pension plan on behalf of the person who has become a member and that that
plan certifies to be member contributions are deemed to be current service
contributions, and
(
b) service for which contributions were made on that basis is
current and not prior service for the purposes of the Plan.
Reacquisition for simultaneous transfer
24 Notwithstanding anything in
section 18, where a person performed
service before 1990 with respect to which the contributions have been
returned or paid out and wishes to acquire that pre-1990 service as
pensionable service for the sole purpose of simultaneously transferring
that pensionable service to another registered pension plan pursuant to a
reciprocal agreement, that person may acquire that service for that purpose
(
a) the applicable provisions of sections 19, 21 and 22 are
complied with,
(
b) the application to acquire it is accompanied by an irrevocable
application for that transfer, and
(
c) payment is made for the service in an amount that is equal to
the amount that the Plan will pay to the other party pursuant to the
reciprocal agreement.
PART 5
BENEFITS
Interpretation
25(1) In this Part,
(a) "highest average earnings" means, subject to this section, the
average, based on the 5 consecutive years that yield the highest result,
(
i) of a person's pensionable salaries in the following
service over which the average of his pensionable salaries was the highest,
namely
(
A) his combined pensionable service for
which current service contributions, excluding contributions referred to in
section 23(2)(a), were paid,
(
B) any further service that
(
I) would be combined
pensionable service referred to in paragraph (
A) but only for its exclusion
by virtue of
section 18(6), and
(II) does not fall within
subclause (ii),
(
C) reciprocal service (including service
referred to in
section 23(2)(b)), not exceeding 4 years however,
transferred into this Plan or into the Related Plan under an old reciprocal
agreement, and
(
D) all other service that constitutes
combined pensionable service except service referred to in subclause (ii),
(ii) in respect of service acquired under
section
18(1)(
c) of this
Schedule or of the Related Plan or the corresponding
provisions of the former Act, except service specifically referred to in
subclause (i)(
C) but whether it exceeds the 4-year limit referred to in
that subclause or not, of the remuneration implicit in the salary basis
used in determining the actuarial reserve, excluding salary growth
assumptions, paid to acquire the service under the relevant portions of
section 18(1)(
c) of this
Schedule or of the Related Plan, as the case may
be, or of the highest of the remuneration (excluding salary growth
assumptions) on which the contributions paid to acquire that service were
based under the former Act, and
(iii) of a combination of pensionable salaries and
remuneration specified in both subclauses (
i) and (ii);
(b) "normal pension" means a pension that is payable in the same
amount and form, regardless of the provision under which it is payable, as
the pension in the amount payable under
section 27(3) and in the form
specified in
section 27(2);
(c) "years of pensionable service" means the number of complete
years and any portion of a remaining year of pensionable service.
(2) For the purpose of determining the consecutive years referred to in
subsection (1)(a), breaks in service are to be disregarded.
(3) For the purposes of subsection (1)(a)(i), the pensionable salary with
respect to reciprocal service transferred into the Plan or into the Related
Plan under an old reciprocal agreement is the remuneration reported as the
person's remuneration by the other party to the agreement.
(4) For the purposes of subsection (1)(a), where a contributing active
member was not employed on a full-time basis in any given month, his
pensionable salary for that month is equal to his monthly rate of salary,
less the salary reductions, if any, in that month attributable to his not
working on a full-time actual basis (excluding the extent to which
employment on the minimum full-time basis exceeds the non-full-time basis
on which he is actually employed) with those reductions being calculated as
if employed on a full-time basis (in subsection (5) referred to as
"FTEMPS").
(5) For the purposes only of subsection (1)(a)(i)(A), the pensionable
service of a contributing active member who was not employed on a full-time
basis in a given month is equal to the following fraction of a year's
pensionable service:
Division 1
Retirement Benefits
Tax rule limitation on benefits
26 Notwithstanding anything in the Plan but without affecting any
particular provision of the Plan further limiting benefits, benefits
deriving from acquired service performed in any calendar year after 1991
are limited to what is allowed by the tax rules.
Normal pension based on age or age and service
27(1) A member who
(
a) has terminated,
(
b) is vested, and
(
c) either
(
i) has attained the age of 55 years with the sum of
his age, combined pensionable service and, if applicable, unacquired
service described in
section 18(1)(c)(iii) of this or the Related Plan
where the reciprocal agreement referred to in that subclause is a new
reciprocal agreement, amounting to not less than 85 years, or
(ii) has attained the age of 65 years,
is entitled to receive a pension in the amount specified in subsection
(3) or to the benefits specified in
section 38(1)(
b) and, if applicable,
section 38(3).
(2) A pension under subsection (1) is payable for the life of the
pensioner or the term of 5 years, whichever is the longer.
(3) The pension under subsection (1) is an annual amount calculated using
the formula
[0.02 (A x B) - 0.006 (C x D)]
in which
A is the member's highest average earnings,
B is the number of years of the member's pensionable service,
C is the lesser of
(
a) highest average earnings, and
(
b) the average year's maximum pensionable
earnings for the last 5 consecutive years of the member's pensionable
service, with breaks in service being disregarded,
and
D is the number of years of the member's pensionable service
after December 31, 1965.
Spousal protection
28(1) Notwithstanding anything in the Plan except subsections (2) and (3),
a pensioner with a spouse at pension commencement is deemed for the
purposes of the Plan to have chosen a pension in the form of a joint life
pension under
section 29(1)(c) (excluding
section 29(1)(c)(i)), with that
spouse as the designated nominee.
(2) The member entitled may select either form of joint life pension under
section 29(1)(c) (excluding
section 29(1)(c)(ii)) with the spouse at
pension commencement as the designated nominee, rather than that referred
to in subsection (1).
(3) Subsections (1) and (2) do not apply where there was filed with the
Board
(
a) a valid statutory declaration by the spouse at pension
commencement in the form set out in, and signed in accordance with the
requirements of, Subschedule 1, or
(
b) a matrimonial property order.
(4) Notwithstanding subsection (3), a declaration under subsection (3)(
a) is not valid if it is made more than 90 days before pension commencement.
(5) A pension payable under subsection (1) or (2) is in an amount that is
the actuarial equivalent of the pension payable in the form of a normal
pension.
Alternative forms of pension
29(1) A member who is entitled to receive a pension in the form specified
section 27(2) is entitled, as an alternative, to select a form of
pension from one of the following:
(
a) a guaranteed term pension, payable for
(
i) whichever term, being 10 years or 15 years, is
selected by that member, or
(ii) his life,
whichever is the longer;
(
b) a single life pension, payable only for the life of that
member;
(
c) a joint life pension, payable during the joint lives of that
member and a person who is that member's dependant within the meaning of
the tax rules or his spouse at pension commencement and whom that member
designates as his nominee, and which, after the death of
(
i) either, continues to be payable to the survivor
(
A) in the same amount as the amount
payable before the death, or
(
B) in the amount of 2/3 of it,
(ii) one of them, continues to be payable
(
A) if the nominee dies first, to that
member in the same amount as the amount payable before the nominee's death,
(
B) if that member dies first, to the
nominee in the amount of 60% of it,
for the survivor's life and that is payable, in the event that
the survivor dies within 5 years of pension commencement, for the remainder
of the guaranteed term of 5 years from pension commencement in the amount
that was payable to the survivor immediately before the survivor's death.
(2) Where an alternative form of pension is selected under subsection (1),
the pension is in an amount that is the actuarial equivalent of the pension
in the form of a normal pension.
(3) Any reduction of a pension payable in a form specified in subsection
(1)(
c) on the first death is to be taken as occurring with effect from the
beginning of the month following that in which the death occurred.
Early retirement pension
30 A member who has terminated, is vested and has attained the age of 55
years without meeting the requirements of
section 27(1)(c), is entitled
(
a) to receive a pension in the form and in the amount of a normal
pension, but reduced in amount by 2% for each complete year (with a
proration for any additional portion of a year) by which pension
commencement falls short of the earliest date when the member's future age
or his future age and relevant service to pension commencement only would
have entitled him, if instead he had terminated at that future date, to a
normal pension under
section 27(1), or
(
b) to the benefits specified in
section 38(1)(
b) and, if
applicable,
section 38(3).
Pension after reaching 71
31 A vested member who ceases to be
(
a) an active member or an active member of the Related Plan, or
(
b) entitled to participate in this Plan or the Related Plan to the
extent of acquiring substitute service under it
by reason only of reaching the end of the calendar year in which he
attained the age of 71 years is to receive a normal pension.
Division 2
Benefits on Death Before Pension Commencement
Application and interpre-tation of Division
32(1) This Division applies with respect to an active or an inactive
member who dies before pension commencement with employee contributions in
the Plan.
(2) In this Division,
(a) "dependent minor child" means, in relation to a deceased
member referred to in subsection (1), a child of that deceased who,
immediately before that deceased's death, was a minor who was dependent on
the deceased for support;
(b) "surviving spouse" means the person (if any) who was the spouse
of a member referred to in subsection (1) immediately before death
occurred, and who survived the deceased.
Surviving spouse's benefits
33(1) Where there is a surviving spouse, the spouse is entitled,
(
a) if the deceased died vested and
(
i) an active member of this Plan or of the Related
Plan, or
(ii) 60 days or less after terminating from this Plan or
the Related Plan, whichever is the later,
to receive the pension that would have been payable if the
deceased (immediately before dying in the case of such an active member)
had terminated with an immediate entitlement, given by this clause, to a
normal pension and had exercised the joint life option specified in
section
29(1)(c)(i)(A), with the surviving spouse as the designated nominee,
(
b) if the deceased died
(
i) vested,
(ii) before having reached his 55th birthday, and
(iii) not being a deceased falling within clause (a),
to receive, when the deceased would have attained the age of 55
years, the pension that would have been payable if the deceased had, while
alive, elected under
section 29 to receive from that time, based on actual
relevant service, the joint life option referred to in clause (a), reduced
however in the same amount as the reduction provided for in
section 30(a),
(
c) if the deceased died vested, having reached his 55th birthday
and not being a deceased falling within clause (a), to receive
(
i) the pension that would have been payable, based on
actual relevant service, if the deceased had died on the latest of the
following dates, namely,
(
A) immediately before his terminating from
this Plan or the Related Plan, whichever is later,
(
B) if his most recent service acquisition
was of substitute service or substitute service under the Related Plan, the
last date of that service, or
(
C) his 55th birthday,
having elected immediately before his death under
section 29 to receive the joint life option, with the reduction, specified
in clause (b), and
(ii) a lump sum payment, without interest, equal to the
total pension payments that would have been made under subclause (
i) if the
deceased had died at the latest of the events specified in subclause
(i)(A), (
B) and (C), between that latest date and the date of the actual
death,
and
(
d) if the deceased died before becoming vested,
(
i) to receive an amount equal to the employee
contributions, or
(ii) to have that amount transferred from the Plan.
(2) If a spouse who has a future entitlement to a pension under subsection
(1)(
b) dies before pension commencement, the person entitled to any benefit
on the spouse's death, if not a dependent minor child, is entitled to
receive an amount equal to the employee contributions.
(3) Notwithstanding subsection (1)(c)(i), the guaranteed term of 5 years
referred to in
section 29(1)(
c) is to be taken for the purposes of the
pension form under that subclause as commencing not at pension commencement