Alberta Gazette — 15 May (ii)
0515 ii
Alberta — Gazette
Alberta Regulation 95/99
Cancer Programs Act
CANCER PROGRAMS AMENDMENT REGULATION
Filed: April 16, 1999
Made by the Minister of Health (M.O. 26/99) pursuant to sections 17 and
20.9 of the Cancer Programs Act.
1 The Cancer Programs Regulation (AR 242/98) is amended by this
Regulation.
2 The
Schedule is repealed and the following is substituted:
SCHEDULE
Drug
Group
Dosage Form
Criteria
13 Cis-RETINOIC ACID
capsules
Pediatrics
restricted to the treatment of advanced stage neuroblastoma following
POG/CCG Protocols
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program
ALL-TRANS RETINOIC ACID
capsules
restricted to treatment of acute promyelocytic leukemia
prescribing limited to written authorization by physicians recommended by
the hematology/lymphoma tumor program or the pediatric tumor program
ALTRETAMINE
capsules
restricted to treatment of 2nd line ovarian cancer
prescribing limited to written authorization by physicians recommended by
the gynecology tumor program
AMSACRINE
injectable
ANASTROZOLE
tablets
2nd line hormonal therapy for postmenopausal metastatic breast cancer
may be given first line in those patients who are at risk of a
thromboembolic event
ANAGRELIDE
capsules
for thrombocytosis due to myeloproliferative disorder
prescribing limited to written authorization by physicians recommended by
the hematology/lymphoma tumor program
ASPARAGINASE
injectable
BCG
injectable
bladder carcinoma
BICALUTAMIDE
tablets
restricted to patients who are intolerant to Nilutamide and Flutamide
BLEOMYCIN
injectable
BUSERELIN
injectable
prostate cancer
BUSULFAN
tablets
CAPECITABINE
oral
advanced or metastatic breast cancer after failure of standard therapy
including an anthracycline and taxane
prescribing limited to written authorization by physicians recommended by
the breast tumor program
CARBOPLATIN
injectable
CARMUSTINE
injectable
CHLORAMBUCIL
tablets
CISPLATIN
injectable
CLADRIBINE
injectable
restricted to treatment of hairy cell leukemia
Waldenstrom's macroglobulinemia
prescribing limited to written authorization by physicians recommended by
the hematology/lymphoma tumor program
injectable
POG Protocol 9720
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program
CLODRONATE
oral
treatment of osteolytic bone lesions in metastatic breast cancer
CORTISONE ACETATE
tablets
use with Mitotane only
CYCLOPHOSPHAMIDE
injectable, tablets
CYPROTERONE
tablets
CYTARABINE
injectable
DACARBAZINE
injectable
DACTINOMYCIN
injectable
DAUNORUBICIN
injectable
DEXAMETHASONE
injectable, tablets
antiemetic use NOT covered
DIETHYLSTILBESTROL
tablets
DIETHYLSTILBESTROL DIPHOSPHATE
injectable, tablets
DOCETAXEL
injectable
restricted to the treatment of metastatic breast cancer when no response
to anthracycline (doxorubicin, epirubicin, or mitoxantrone) containing
regimen. Relapse within 1 year after completion of adjuvant chemotherapy
including an anthracycline. First assessment of efficacy after 2 courses.
only one taxane is to be administered to any one patient
prescribing limited to written authorization by physicians recommended by
the breast tumor program
DOXORUBICIN
injectable
DOXORUBICIN LIPOSOMAL
injectable
Kaposi's sarcoma
EPIRUBICIN
injectable
Premenopausal node positive breast cancer patients who either:
a) are not eligible for a study and want high intensity treatment (FEC),
b) have mild underlying heart disease but would benefit from an
anthracycline and who do not want high intensity treatment (EC)
ERWINIA ASPARAGINASE
injectable
restricted to use in patients hypersensitive to E. Coli asparaginase for
remission induction in acute lymphoblastic leukemia
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program
or the hematology/ lymphoma program
ESTRAMUSTINE
capsules
ETOPOSIDE
injectable, capsules
FLUDARABINE
injectable
previously treated chronic lymphocytic leukemia
low grade lymphoma
Waldenstrom's macroglobulinemia
prescribing limited to written authorization by physicians recommended by
the hematology/lymphoma tumor program
FLUOROURACIL
injectable, cream
FLUOXYMESTERONE
tablets
FLUTAMIDE
tablets
prostate cancer
GEMCITABINE
injectable
Lung Cancer
patients who have failed treatment with Vinorelbine or Paclitaxel
containing regimens or who are unable to tolerate treatment with these
agents.
prescribing limited to written authorization by physicians recommended by
the lung tumor program
injectable
Bladder Cancer
progressive local or metastatic transitional cell carcinoma of the
urothelium who have failed on cisplatin or are intolerant to cisplatin
based chemotherapy due to age, performance status, renal function in
concomitant medical illness.
prescribing limited to written authorization by physicians recommended by
the GU tumor program
injectable
Pancreas
locally advanced or metastatic adenocarcinoma of the pancreas.
prescribing limited to written authorization by physicians recommended by
the GI tumor program
GOSERELIN
injectable
prostate cancer
injectable
breast cancer. 2nd line hormonal therapy for recurrent or metastatic
disease in ER positive pre-perimenopausal patients after tamoxifen failure.
prescribing limited to written authorization by physicians recommended by
the breast tumor program
HYDROCORTISONE SODIUM SUCCINATE
injectable
intrathecal use only
HYDROXYUREA
capsules
IDARUBICIN
injectable
POG Protocol 9720
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program
IFOSFAMIDE
injectable
INTERFERON
- alpha 2a or 2b
- alpha 2b in new patients "98-99"
injectable
cladribine-resistant hairy cell leukemia
Kaposi's sarcoma
chronic myelogenous leukemia
INTERFERON
alpha 2a ONLY
injectable
mycosis fungoides and sezary syndrome (cutaneous T-cell lymphomas)
prescribing limited to written authorization by physicians recommended by
the hematology/lymphoma tumor program
metastatic renal cell carcinoma
INTERFERON
alpha 2b ONLY
injectable
basal cell carcinoma
adjuvant treatment of high risk melanoma
2nd line therapy of superficial bladder cancer
maintenance therapy in multiple myeloma patients who have achieved
complete remission after high dose chemotherapy and autologous stem cell
transplant, with prescribing limited to written authorization by physicians
recommended by the hematology/lymphoma tumor program.
IRINOTECAN
* NOTE:
Loperamide supplied by industry with this agent's use
injectable
Metastatic Colorectal Cancer
2nd line after 5Fu based chemo, with prescribing limited to written
authorization by physicians recommended by the GI tumor program.
LETROZOLE
tablets
2nd line hormonal therapy for postmenopausal metastatic breast cancer
may be given first line in those patients who are at risk of a
thromboembolic event
LEUCOVORIN CALCIUM
injectable, tablets
rescue therapy for methotrexate only
in combination with 5FU
LEUPROLIDE
injectable
prostate cancer
LOMUSTINE
capsules
MECHLORETHAMINE
injectable, topical
MEDROXYPROGESTERONE ACETATE
tablets, injectable
MEGESTROL ACETATE
tablets
MELPHALAN
tablets
MERCAPTOPURINE
tablets
MESNA
injectable
METHOTREXATE
injectable, tablets
MITOMYCIN
injectable
NOTE: 3rd line for bladder cancer indication
MITOTANE
tablets
steroid replacement if required
MITOXANTRONE
injectable
NANDROLONE DECANOATE
injectable
NILUTAMIDE
tablets
prostate cancer
PACLITAXEL
injectable
Ovarian Cancer
first line treatment of ovarian cancer (irrespective of the stage of
disease or amount of residual disease), fallopian tube carcinoma, primary
peritoneal neoplasms
prescribing limited to written authorization by physicians recommended by
the gynecology tumor program
injectable
Lung Cancer
prescribing limited to written authorization by physicians recommended by
the lung tumor program
injectable
Breast Cancer
restricted to the treatment of metastatic breast cancer when no response
to anthracycline (doxorubicin, epirubicin, or mitoxantrone) containing
regimen. Relapse within 1 year after completion of adjuvant chemotherapy
including an anthracycline. First assessment of efficacy after 2 courses
only one taxane is to be administered to any one patient
prescribing limited to written authorization by physicians recommended by
the breast tumor program
PAMIDRONATE
injectable
treatment of multiple myeloma
PEG ASPARAGINASE
injectable
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program as per POG protocols
PREDNISOLONE SODIUM PHOSPHATE
liquid
first line agent for pediatric patients under 7 years of age
2nd-line agent for pediatric patients 7 years and older unable to tolerate
prednisone tablets
PREDNISONE
tablets
PROCARBAZINE
capsules
RALTITREXED
injectable
treatment of metastatic colorectal cancer
NOTE: Because there is a possibility that FUFA may provide slightly
superior survival, FUFA should remain the first choice for younger, fitter
patients. Raltitrexed may be considered the treatment of choice in elderly
patients (over age 70), patients who have experienced severe mucositis with
FUFA despite one stage of dose reduction, or in patients with late relapse
after adjuvant treatment where the adjuvant 5FU based treatment was poorly
tolerated with documented reason for intolerance.
prescribing limited to written authorization by physicians recommended by
the GI tumor program
STREPTOZOCIN
injectable
TAMOXIFEN
tablets
TENIPOSIDE
injectable
THIOGUANINE
tablets
THIOTEPA
injectable
TOPOTECAN
injectable
Ovarian
advanced epithelial ovarian cancer as 2nd line therapy
prescribing limited to written authorization by physicians recommended by
the gynecology tumor program
Pediatrics
restricted to the treatment of advanced stage neuroblastoma following
POG/CCG Protocols
prescribing limited to written authorization by physicians recommended by
the pediatric tumor program
VINBLASTINE
injectable
VINCRISTINE
injectable
VINDESINE
injectable
VINORELBINE
injectable
Lung Cancer
restricted to the treatment of metastatic non-small cell lung cancer with
an ECOG score of 2 or better.
prescribing limited to written authorization by physicians recommended by
the lung tumor program
injectable
Metastatic Breast
first line therapy for elderly patients (over 65 years of age) and 2nd or
3rd line therapy for metastatic breast cancer. Assess response after 2
cycles.
prescribing limited to written authorization by physicians recommended by
the breast tumor program
Alberta Regulation 96/99
Marketing of Agricultural Products Act
TURKEY MARKETING AMENDMENT REGULATION
Filed: April 20, 1999
Made by the Alberta Turkey Producers pursuant to sections 26 and 27 of the
Marketing of Agricultural Products Act.
1 The Turkey Marketing Regulation (AR 113/98) is amended by this
Regulation.
Section 10 is amended in subsections (1) and (2) by striking out
"$.038" and substituting "$.043".
3 This Regulation comes into force on May 1, 1999.
------------------------------
Alberta Regulation 97/99
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION
Filed: April 22, 1999
Made by the Lieutenant Governor in Council (O.C. 158/99) pursuant to
Schedule 1,
section 4 of the Public Sector Pension Plans Act and
Schedule
section 2.1 of the Public Sector Pension Plans (Legislative Provisions)
Regulation (AR 365/93).
1 The Local Authorities Pension Plan (AR 366/93) is amended by this
Regulation.
Part 1 of
Schedule 2 is amended by adding the following bodies to the
list in that
Part in their appropriate alphabetical order:
Flagstaff Regional Solid Waste Management Association
Fort McMurray Regional Airport Commission
Section 2, to the extent that it applies to
(
a) the Flagstaff entity, is deemed to have come into force on
March 1, 1999, and
(
b) the Fort McMurray entity, is deemed to have come into force on
March 31, 1999.
Alberta Regulation 98/99
Gas Utilities Act
DESIGNATION AMENDMENT REGULATION
Filed: April 22, 1999
Made by the Lieutenant Governor in Council (O.C. 172/99) pursuant to
section 25.1 of the Gas Utilities Act.
1 The Designation Regulation (AR 171/85) is amended by this Regulation.
Section 1(
d) is repealed.
------------------------------
Alberta Regulation 99/99
Forest and Prairie Protection Act
FOREST PROTECTION (PAYMENTS FOR SERVICES,
VEHICLES AND EQUIPMENT) REGULATION
Filed: April 23, 1999
Made by the Minister of Environmental Protection (M.O. 20/99) pursuant to
section 40(
f) and (
g) of the Forest and Prairie Protection Act.
Remuneration and payments for services, vehicles and equipment
1 The remuneration that is to be paid for services provided, and the
rates that are to be paid for the use of vehicles and equipment, in
wildfire suppression and other forest protection operations are to be
determined in accordance with
(
a) Schedule 1 in respect of the provision of services, and
(
b) Schedule 2 in respect of the use of vehicles and equipment.
Repeal
2 The Forest Protection (Payments for Services, Vehicles and Equipment)
Regulation (AR 41/98) is repealed.
Expiry
3 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on January 31, 2004.
SCHEDULE 1
REMUNERATION FOR SERVICES
1 In this Schedule, "certified person" means a person who is job rated
and certified by the Land and Forest Service Personnel Certification
Program for Fire Control, and "uncertified person" means a person who is
not both job rated and so certified.
2 The rates of remuneration payable to persons providing services are to
be determined in accordance with the following Table:
Table
CATEGORY HOURLY RATE
OF SERVICE CERTIFIED UNCERTIFIED
PROVIDED PERSONS PERSONS
(1) Command Function*
Fire Boss I and II positions must be filled by in-service personnel.
(2) Line Function*
(
a) Wildland Firefighter III Member $ 8.89 $ 7.84
(
b) Wildland Firefighter II Member 10.98 9.93
(
c) Wildland Firefighter I Member 13.07 12.02
(
d) Wildland Firefighter III Sub-leader 9.93 8.89
(
e) Wildland Firefighter II Sub-leader 12.02 10.98
(
f) Wildland Firefighter I Sub-leader 14.11 13.07
(
g) Wildland Firefighter III Leader 10.98 9.93
(
h) Wildland Firefighter II Leader 13.07 12.02
(
i) Wildland Firefighter I Leader 15.16 14.11
(
j) Sector Boss 16.21 15.16
(
k) Dozer Boss 14.22 13.17
(
l) Heavy Equipment Boss 15.26 14.22
(3) Plans Function*
(
a) Fireline Radio Operator I $11.76 $10.72
(
b) Fireline Radio Operator II 10.72 9.93
(
c) Fireline Radio Operator III 9.93 8.89
(
d) Intelligence Officer II 12.18 11.13
(
e) Plans Chief II 16.21 15.16
(4) Service Function*
(
a) Cook's Helper $ N/A $ 7.48
(
b) Cook I 11.19 10.14
(
c) Cook II 9.41 8.36
(
d) Time Officer 10.98 9.93
(
e) First Aid Attendant 9.30 N/A
(
f) Camp Officer N/A 12.23
(
g) Mechanic N/A 11.03
(
h) Stevedore N/A 7.48
(
i) Stevedore Foreman N/A 9.15
(
j) Supply Officer II 13.80 12.76
(
k) Service Chief II 16.21 15.16
(
l) Air Transport Officer 12.23 11.19
(
m) Surface Transport Officer 12.23 11.19
(
n) Equipment Operator/Light N/A 10.45
(
o) Equipment Operator/Heavy N/A 12.55
(
p) Fire Administrative Support N/A 10.98
(
q) Trainee 5.90 N/A
(
r) Heavy Equipment Officer 12.23 11.19
3(1) Rates of remuneration are to be calculated on 8 hours per day at
straight time.
(2) All hours of work in excess of 8 hours per day at straight time are to
be compensated for at 1.5 times the regular rate of remuneration.
(3) In this subsection, "at straight time" refers to actual hours worked,
excluding breaks.
4 Holiday remuneration is to be calculated at the rate of 4% on all
regular hours (excluding overtime hours) worked.
5 A person serving in a category described in subsection (3)(
a) or
(4)(b), (
c) or (
d) of the Table in
section 2 may be considered certified if
the person provides to a forest officer proof of satisfactory certification
of proficiency or receipt of training in the category of service.
6 Type I Wildland Firefighting Unit members are to be paid in accordance
with subsection (2) of the Table in
section 2 when hired as an Emergency
Firefighter before or after the fire season.
*All out-of-service Incident Command System (ICS) Type I Overhead
positions, regardless of function, are to be paid at the rate of $17.04
per hour or paid according to a personal services contract.
SCHEDULE 2
RATES FOR VEHICLES AND EQUIPMENT USE
1 The rates prescribed in this
Schedule include amounts to be paid for
the provision of fuel and remuneration for the operator, unless otherwise
specified.
2(1) The rates to be paid for passenger cars and trucks hired are to be
determined in accordance with the following:
(
a) passenger cars (all makes):
(
i) compact $30/day plus $0.26/km;
(ii) full-size $35/day plus $0.27/km;
(
b) light delivery trucks, including vans and panel trucks (all
makes):
(
i) less than « ton, 2-wheel drive $30/hr;
(ii) « ton or more but less than ton,
2-wheel drive, or 6-8 passenger van $35/hr;
(iii) ton or more but less than 1 ton,
2-wheel drive, or 9-12 passenger van $40/hr;
(iv) 1 ton or more but less than 2 tons,
2-wheel drive, or 13-15 passenger van $50/hr;
(
c) for 4-wheel drive units add $10/hr;
(
d) trucks 2 tons and over:
(i) 2 tons or more but less than 3 tons $55/hr;
(ii) 3 tons or more $65/hr.
(2) Notwithstanding subsection (1), where vehicles are hired from a
commercial rental business, the rental rate of that business is to be the
rate payable.
(3) Only under exceptional circumstances may a Land and Forest Service
driver be employed to operate a vehicle hired under subsection (1).
(4) All permanent Land and Forest Service personnel using their own
vehicles for the purpose of firefighting are to be paid the vehicle rate in
accordance with the Subsistence, Travel and Moving Expenses Regulation made
under the Public Service Act.
3 The rate to be paid for any heavy equipment not included in
section 2
or otherwise specifically provided for in this Regulation is to be
determined in accordance with the Alberta Road Builders and Heavy
Construction Association Equipment Rental Rates Guide. The hourly rate
shall be determined in accordance with the following:
(
a) equipment servicing and the use of the service vehicle shall be
part of the hourly rate;
(
b) if the operator does not supply the fuel, the rate is to be
decreased by 10%;
(
c) if crawler tractors hired are wide pad models, are equipped
with a hydraulic winch or are equipped with a hydraulic tilt dozer, the
hourly rate is to be increased as specified in the Alberta Road Builders
and Heavy Construction Association Equipment Rental Rates Guide.
4 The rate to be paid in respect of skidders is to be determined in
accordance with the Alberta Road Builders and Heavy Construction
Association Equipment Rental Rates Guide. The hourly rate shall be
determined in accordance with the following:
(
a) equipment servicing and the use of the service vehicle shall be
part of the hourly rate;
(
b) if the skidder hired is equipped with a water tank and pump and
hose, the rate is to be increased as specified in
section 6(1), (3) and
(4) of this Schedule;
(
c) if the operator does not supply the fuel, the rate is to be
decreased by 10%.
5 The rate to be paid in respect of tracked vehicles where the Alberta
Road Builders and Heavy Construction Association Equipment Rental Rates
Guide is not applicable is to be determined in accordance with the
following:
HOURLY RATE
(
a) Bombardier
(
i) Bombi $ 44.00
(ii) Model J-5 (tractor) 48.00
(iii) Model S-6 (3-4 tons) 48.00
(iv) Model N-5 (3-4 tons) 48.00
(
v) Muskeg Carrier (3-4 tons) 58.00
(vi) Safari (3-4 tons) 58.00
(vii) Terrain Master (7¬ tons) 70.00
(
b) Flextrack Nodwell RN or FN Models
(i) 10, « ton $ 40.00
(ii) 15, ¬ ton 50.00
(iii) 20, 1 ton 55.00
(iv) 30, 1« tons 58.00
(v) 60, 3 tons 62.00
(vi) 75, 3 tons 70.00
(vii) 110, 6 tons 72.00
(viii) 160, 8 tons 75.00
(ix) 240, 12 tons 90.00
(x) 400, 20 tons 140.00
(xi) 600, 35 tons 170.00
(
c) Foremost
(
i) Surego, « ton $ 44.00
(ii) S200, 2 tons 55.00
(iii) 6T, 6 tons (4 track drive) 70.00
(iv) 8T, 8 tons (4 track drive) 80.00
(v) 12T, 12 tons (4 track drive) 95.00
(
d) Artco/Hillbrand/Flotation Tires ATV (does not include operator)
(
i) Model H $ 46.00
(ii) Model J 58.00
(iii) Model K or L, 4x4 60.00
(iv) Model K or L, 6x6 85.00
(
e) F.M.C. Steel Track Model 210CA $170.00
6 The rates to be paid in respect of miscellaneous firefighting equipment
are to be determined in accordance with the following:
(1) Portable Fire Pumps (all types)
(
a) Pumps with 50 mm (2 ) or larger discharge
port(s), rate per hour $ 3.50
(
b) Pumps with 38 mm (1« ) discharge port(s),
rate per hour $ 3.00
(
c) Pumps with 25 mm (1 ) or smaller discharge
ports, rate per hour $ 2.50
Above rates apply where Land and Forest Service supplies gasoline and
oil only.
If owner/operator supplies gasoline and oil, add $1.00 per hour.
Operator - see Equipment Operator/Light, subsection (4)(
n) of the
Table in
section 2 of
Schedule 1.
(2) Power Saws (all types)
(
a) Saws with engine size of 54-57 cc, rate per
hour $3.50
(
b) Saws with engine size over 57 cc, rate per
hour $4.50
Above rates apply where Land and Forest Service supplies gasoline and
oil only.
If owner/operator supplies gasoline and oil, add $1.00 per hour.
Operator - see Equipment Operator/Light, subsection (4)(
n) of the
Table in
section 2 of
Schedule 1.
(3) Fire Hose
(
a) Where 38 mm (1« ) diameter, 30 metre length of lined discharge
fire hose is supplied by owner/operator, add $2.00 per length per day.
(
b) Where less than 38 mm (1« ) diameter, 30 metre length of lined
discharge fire hose is supplied by owner/operator, add $1.50 per length per
day.
(4) Slip-on, Trailer Mounted or Stationary Tanks (tanks only)
IMPERIAL GALLONS LITRES DAILY RATE
100 455 $ 6.00
200 910 8.00
300 1364 10.00
301-999 1365-4549 13.00
1000 4550 21.00
2000 9090 32.00
3000 13 638 34.00
4000 18 180 36.00
5000 22 730 40.00
6000 27 280 50.00
7000 31 820 55.00
8000 36 370 60.00
9000 40 914 65.00
10 000 45 460 70.00
Use the above rates for tanks only, hired without a truck or pump.
Skidder tanks - $0.006 per litre, per hour.
Add applicable rate per day for portable fire pump if tank is so
equipped or pump is required.
Add applicable rate per day for pump fuel and oil if supplied by
owner/operator.
Add applicable rate if hose is supplied by owner/operator.
(5) Special Units
Municipal fire truck complete with 5-person crew $350.00/hr
Rescue Unit 125.00/hr
Tanker 125.00/hr
These rates apply unless the municipality has a published rate.
7(1) Rates are to be paid for a school bus or coach on either a per
kilometre or hourly basis. The rate is to be determined in accordance with
the following and is to include the provision of a driver and fuel:
SCHOOL BUS RATE COACH RATE
$ per km $ per hr $ per km $ per hr
12-25 passenger bus $1.00 $50.00 $1.15 $60.00
26-39 passenger bus 1.10 55.00 1.25 65.00
40 + passenger bus 1.30 65.00 1.50 75.00
(2) Notwithstanding subsection (1), where a bus or coach is hired from a
commercial rental business, the rental rate of that business is to be the
rate payable.
8 Rates are to be paid for all-terrain vehicles in accordance with the
following:
TYPE DAILY RATE
(
a) Prairie Bobcat
Model 440G $ 75.00
Model 2000 Turbo 95.00
(
b) Argo
(6-wheel) 100.00
(8-wheel) 130.00
(c) 4-wheeled all-terrain cycles
2-wheel drive 85.00
4-wheel drive 95.00
------------------------------
Alberta Regulation 100/99
Licensing of Trades and Businesses Act
AUTOMOTIVE BUSINESS LICENSING AMENDMENT REGULATION
Filed: April 26, 1999
Made by the Minister of Municipal Affairs (M.O. H:045/99) pursuant to
section 4(1) of the Licensing of Trades and Businesses Act.
1 The Automotive Business Licensing Regulation (AR 188/78) is amended by
this Regulation.
Section 9(2) and (3) are repealed and the following is substituted:
(2) Notwithstanding subsection (1), a licence issued or renewed on
or after May 1, 1999 expires at the end of September 30, 1999, unless it is
cancelled or suspended sooner.
(3) There is no charge for a licence that is issued or renewed on or
after May 1, 1999.
------------------------------
Alberta Regulation 101/99
Court of Appeal Act
Court of Queen's Bench Act
Civil Enforcement Act
ALBERTA RULES OF COURT AMENDMENT REGULATION
Filed: April 28, 1999
Made by the Lieutenant Governor in Council (O.C. 177/99) pursuant to
section 15 of the Court of Appeal Act,
section 18 of the Court of Queen's
Bench Act and sections 106 and 107 of the Civil Enforcement Act.
1 The Alberta Rules of Court (AR 390/68) are amended by this Regulation.
2 The following is added after Rule 5.1:
Copies of computer generated documents
5.11(1) In this Rule, "computer generated document" means a document
that a party to a proceeding files with, or causes to be issued by, the
Clerk or Registrar that
(
a) is more than 10 pages long, and
(
b) was generated by computer.
(2) A party to a proceeding who receives a computer generated
document, or the Court or a Court official, may request the person filing
that document or causing it to be issued, to provide a copy of it in an
electronic format designated by the person requesting the copy.
(3) As soon as practicable after receiving the request, and on
payment of the actual disbursements for the production and delivery, the
person receiving the request must provide a copy of the document in the
electronic format requested, or if that is not readily possible, in ASCII
text format.
(4) If a dispute arises over the costs referred to in subrule (3), a
sum may be fixed ex parte by the taxing officer, on application by either
party, subject to adjustment by the Court at a later date.
3 Rule 159 is amended by adding the following after subrule (6):
(6.1) The Court may give
summary judgment for or in respect of a
part of a claim or a lesser amount and send the rest of the claim to trial
or assessment, whether or not the claim is for a single and undivided debt
or other cause of action.
4 Rule 217 is amended
(
a) by repealing subrule (2) and substituting the following:
(2) An examination under subrule (1) or (10) is to be at the expense
of the party seeking it.
(
b) by adding the following after subrule (8):
(9) On application, the Court may make any order or give any
direction it considers necessary to limit or curtail an examination that
the Court considers excessive.
(10) If the plaintiff has been examined or assessed by a health care
professional of the plaintiff's choice who will or may be proffered as an
expert, the Court may order that the plaintiff be examined or assessed by
one or more health care professionals of the defendant's choice.
(11) In subrule (10), "health care professional" means
(
a) a duly qualified medical practitioner;
(
b) a person licensed, certified, registered or
regulated in Alberta, whose practice includes the assessment, diagnosis or
treatment of a person's physical or mental condition or capacity;
(
c) a person licensed, certified, registered or
regulated in a jurisdiction outside Alberta
(
i) whose practice includes the assessment,
diagnosis or treatment of a person's physical or mental condition, and
(ii) who is given leave by the Court to
conduct the examination or make the assessment sought under subrule (10).
5 Rule 218.13 is amended by repealing clause (
a) and substituting the
following:
(
a) Rule 218.1 or Rule 218.12 is complied with, or
6 Rule 322 is repealed and the following is substituted:
Coming into force of orders and judgments
322(1) Every judgment and order is to be dated as of the day on
which it is pronounced.
(2) Every judgment and order takes effect from
(
a) the date of pronouncement, or
(
b) if the Court gives leave for the judgment or order
to come into force before or after the date of pronouncement, the judgment
or order takes effect from the date so ordered.
(3) This Rule applies whether or not the judgment or order has been
entered in accordance with these Rules.
7 Rule 514 is amended by repealing subrules (2) and (3) and substituting
the following:
(2) Appeal books, factums, documents and papers required to be filed
or deposited in connection with appeals and motions must be filed in the
office of the Registrar at Calgary or Edmonton, as the case may be.
(3) In an urgent situation, any document, including a notice of
appeal, required to be filed in an office of the Registrar of the Court of
Appeal, may be deposited in the office of the Clerk of the Court of Queen's
Bench in the judicial district in which the appeal arose, and the Clerk
must
(
a) provide a dated receipt, and
(
b) send the documents to the appropriate Registrar's
office to be checked for correctness.
(3.1) If the documents sent to the Registrar under subrule (3)(b)
(
a) are correct, the date of filing must be backdated
to the date of receipt by the Clerk;
(
b) are incorrect, they must be returned to the person
who deposited them with the Clerk.
8 Rule 538(2) is amended by striking out "8" and substituting "7".
9 The following is added after
Part 44:
PART 44.1
PROTECTION AGAINST FAMILY VIOLENCE
Affidavit of evidence
578.1 Unless the Court orders otherwise, when an emergency
protection order is scheduled for review by a justice of the Court of
Queen's Bench, the claimant and respondent shall, if they intend to present
evidence at the review,
(
a) file an affidavit of that evidence with the Clerk
of the Court at the judicial centre where the emergency protection order is
scheduled for review, and
(
b) serve the affidavit on the other party
not less than 24 hours before the time scheduled for the review.
Alternative to affidavit
578.2 An applicant for a Queen's Bench protection order under the
Protection Against Family Violence Act may, instead of using an affidavit,
use a completed questionnaire authorized by the Court and verified under
oath or by statutory declaration.
Actual notice of a protection order
578.3 A respondent shall be considered to have actual notice of the
provisions of a Queen's Bench protection order if
(
a) the respondent was served with a copy of the order,
(
b) the respondent was in attendance in person or by
conference telephone call when the order was granted, or
(
c) there are any other circumstances which, in the
opinion of the Court, would have provided the respondent with actual
notice.
10 Rule 586.2(2) is amended by adding "or is a protection order under the
Protection Against Family Violence Act" after "restraining order".
11 Rule 664(6) is amended by striking out "Rule 261(1), Rule 261(2)(c)"
and substituting "Rule 261(2)(c), Rule 261.1".
12 Rule 699 is amended by adding the following after subrule (4):
(5) The Clerk may return exhibits to the respective lawyers or
parties who put the exhibits in evidence at the trial after
(
a) expiration of the time for appeal, or
(
b) disposition of the appeal.
13 The following is added after Rule 699:
Authenticated photographs of personal property
699.1(1) If a party wishes to put personal property in evidence, the
party may, in addition to or in substitution for the property, file one or
more photographs
(
a) if permitted or directed by the Court, or
(
b) with the agreement of the other party or parties.
(2) The party filing the photographs must provide an accompanying
certificate of authentication by the photographer certifying, with respect
to each photograph:
(
a) the date, time and place at which the photograph
was taken;
(
b) the name of the photographer;
(
c) whether the photograph has been modified, enhanced
or altered in any way, or otherwise tampered with;
(
d) any other matter directed by the Court.
(3) An authenticated photograph filed under subrule (1) must be
treated by the Court in the same manner as if the personal property had
been received in evidence, but if in the opinion of the Court the quality
or contents of a photograph is not adequate, the Court may
(
a) direct that the photograph not be used, or
(
b) give any other direction the Court considers
appropriate in the circumstances.
14 Rule 703 is renumbered as subrule 703(1) and the following is added
after subrule (1):
(2) Nothing in this Part provides, or is to be construed as
providing, a penalty or punishment or other mode of proceeding to enforce
the Protection Against Family Violence Act, or that is a penalty or
punishment in relation to the enforcement of that Act.
(3) Nothing in this Part prevents, or is to be construed as
preventing, the Court, as a superior court, from exercising its inherent
power to punish and cite in contempt those who disobey the lawful orders of
the Court, or who otherwise display contempt for its process, including,
where appropriate, contempt for orders made under the Protection Against
Family Violence Act.
15 Rule 814 is amended by striking out "for similar proceedings in the
Court of Queen's Bench in actions under $1000" and substituting "under
Part
47".
Schedule B is amended
(
a) by adding the following to Form 9:
IMPORTANT NOTICE TO RESPONDENT
If you want to present any evidence to the judge hearing this application
you must
make an affidavit, sworn or affirmed as true before a
Commissioner for Oaths or Notary Public
file the affidavit with the Clerk of the Court
make sure that the applicant's lawyer (or the applicant if he
or she does not have a lawyer) receives the affidavit at least 24 hours
before the hearing.
(
b) in Form 15,
section 6(
d) by repealing subclause (iv) and
substituting the following:
(iv) special or extraordinary expenses allowable under
section 7 of the Federal Child Support Guidelines are:
(A) $ per year
babysitting/day care costs;
(B) $ per year
medical/dental insurance premiums related to the children;
(C) $ per year health
related expenses in excess of $100.00;
(D) $ extraordinary school
expenses;
(E) $ post-secondary
school expenses;
(F) $ extraordinary
extracurricular expenses.
[Important Note: When
no expenses are claimed for babysitting/day care costs,
and
the parent with whom the children live, works outside the
home,
please explain why no claim is made for babysitting/day care.
The explanation will help reduce the likelihood that the application will
be returned with a request for more information.]
17 Sections 9 and 10 come into force when the Protection Against Family
Violence Act is proclaimed in force.
Alberta Regulation 102/99
Provincial Court Act
CONSTITUTIONAL NOTICE REGULATION
Filed: April 28, 1999
Made by the Lieutenant Governor in Council (O.C. 182/99) pursuant to
section 21 of the Provincial Court Act.
Notice of constitutional remedy
1(1) Unless a notice has been given under
section 25 of the Judicature
Act, if in a proceeding in the Provincial Court relating to the prosecution
of an offence under
an Act of the Legislature or
an Act of the Parliament
of Canada, an application is to be made to seek
(
a) a remedy under
section 24(1) or (2) of the Canadian Charter of
Rights and Freedoms or under
section 52(1) of the Constitution Act, 1982,
(
b) a determination of any aboriginal or treaty rights under
section 35 of the Constitution Act, 1982,
a written notice of the application must be given.
(2) A notice must be given not less than 14 days before the date on which
the proceeding is scheduled to commence unless the prosecutor agrees to a
shorter period of time.
(3) The notice must be given
(
a) to the clerk of the Provincial Court, and
(
b) to the office of the prosecutor having carriage of the
proceeding.
(4) The notice must state
(
a) the law in question, the right or freedom alleged to be
infringed or denied or the aboriginal or treaty right to be determined, as
the case may be,
(
b) the day and place on which the application is to be argued,
(
c) the relief sought, and
(
d) the grounds to be argued, including a concise statement of the
constitutional principles to be argued and a reference to any statutory
provision or rule on which reliance will be placed.
(5) If a notice under
section 25 of the Judicature Act or a notice under
this
section is given, the proceeding is to be heard by a judge of the
Provincial Court.
(6) Where a notice under
section 25 of the Judicature Act has not been
given in accordance with that Act or a notice under this
section has not
been given within the time provided under subsection (2) but the notice is
given after the proceeding has commenced, if the proceeding is presided
over by a sitting justice, the sitting justice
(
a) may continue to conduct the proceeding or may transfer the
proceeding to a judge of the Provincial Court, and
(
b) notwithstanding clause (a), must transfer the proceeding to a
judge of the Provincial Court if requested by the prosecutor or the
accused.
Coming into force
2 This Regulation comes into force on September 1, 1999.
------------------------------
Alberta Regulation 103/99
Justice of the Peace Act
JUSTICE OF THE PEACE AMENDMENT REGULATION
Filed: April 28, 1999
Made by the Lieutenant Governor in Council (O.C. 180/99) pursuant to
section 7 of the Justice of the Pace Act.
1 The Justice of the Peace Regulation (AR 6/99) is amended by this
Regulation.
Section 3(2) is amended by striking out "may not hear, try or determine
and".
3 The following is added after
section 9:
Justices of the Peace Review Council
9.1 For the purpose of dealing with complaints against salaried,
non-sitting justices of the peace, the Judicial Council is established as
the Justices of the Peace Review Council.
Section 2 comes into force on September 1, 1999.
Alberta Regulation 104/99
Provincial Court Judges Act
PAYMENT TO PROVINCIAL JUDGES AMENDMENT REGULATION
Filed: April 28, 1999
Made by the Lieutenant Governor in Council (O.C. 183/99) pursuant to
section 17 of the Provincial Court Judges Act.
1 The Payment to Provincial Judges Regulation (AR 176/98) is amended by
this Regulation.
2 Sections 1 and 2 are repealed and the following is substituted:
Salary
1 Effective April 1, 1999,
(
a) the chief judge shall be paid a salary of $143 416
per year,
(
b) an assistant chief judge shall be paid a salary of
$135 733 per year, and
(
c) other full-time judges shall be paid a salary of
$128 050 per year.
Supernume-rary judges remuneration
2 Effective April 1, 1999, a supernumerary judge shall be paid for
holding a sitting or otherwise acting as a supernumerary judge
(
a) for a full day, $572, and
(
b) for only « a day, $286.
------------------------------
Alberta Regulation 105/99
Government Organization Act
CALGARY RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: April 28, 1999
Made by the Lieutenant Governor in Council (O.C. 184/99) pursuant to
Schedule 5,
section 4 of the Government Organization Act.
1 The Calgary Restricted Development Area Regulations (AR 212/76) are
amended by this Regulation.
Schedule A, Transportation/Utility Corridor, describing land located in
Township 24, Range 2, West of the Fifth Meridian, is amended by striking
out
Sections 3 and 4 Plan 8911265 showing survey for descriptive
purposes of a right-of-way for a Transportation/Utility Corridor
and substituting
Sections 3 and 4 Plan 8911265 showing survey for descriptive
purposes of a right-of-way for a Transportation/Utility Corridor
EXCEPTING THEREOUT
Plan 9910343 within the northwest and northeast quarters of