Alberta Gazette — 15 December 2009 (Part II)

15 December 2009

Alberta — Gazette

Alberta Regulation 309/2009

Fair Trading Act

ENERGY MARKETING AMENDMENT REGULATION

Filed: November 18, 2009

For information only: Made by the Minister of Service Alberta (M.O. SA:033/2009)

on November 17, 2009 pursuant to sections 1(2), 4.1 and 12 of the Fair Trading Act.

1 The Energy Marketing Regulation (AR 246/2005) is

amended by this Regulation.

2 The title is amended by adding "AND RESIDENTIAL

HEAT SUB-METERING" after "MARKETING".

Section 1 is amended

(

a) by adding the following before subsection (1):

Definitions

1(0.1) In this Regulation, "Act" means the Fair Trading Act.

(

b) in subsection (1)

(

i) by adding "Parts 1 to 4 and 5 of" before "this

Regulation";

(ii) by repealing clause (a);

(

c) in subsection (2) by adding "Parts 1 to 4 of" before

"this Regulation".

4 The following is added after

section 22:

Part 4.1

Residential Heat Sub-metering

Definitions

22.1(1) In this Part,

(a) "dwelling unit" means any place occupied by an individual

as a residence;

(b) "energy" includes electricity as defined in the Electric

Utilities Act and gas as defined in the Gas Utilities Act;

(

i) the number of units of energy, whether by length, area,

volume, capacity or time, or

(ii) any thing, including the temperature of water, for the

purposes of calculating the number of units of energy

that are supplied to a dwelling unit solely for the purpose of

heating the dwelling unit, but does not include a master

meter;

(d) "master meter" means a device operated by

(

i) the owner of an electric distribution system as defined

in the Electric Utilities Act, or

(ii) a gas distributor as defined in the Gas Utilities Act,

to measure the amount of electricity or gas supplied to a

building in which one or more dwelling units are located;

(e) "tenant" means a tenant within the meaning of the

Residential Tenancies Act.

(2) In this Part, and, subject to subsection (3), for the purposes of

applying the provisions of the Act to the subject-matter of this Part

(

a) the definition of "consumer" in

section 1(l)(

b) of the Act

includes a tenant;

(

b) the definition of "services" in

section 1(1)(

k) of the Act

includes

(

i) the right to use or occupy property as a dwelling unit,

and

(ii) the heating of a tenant's dwelling unit, or the supply of

water or energy for that purpose;

(

c) the definition of "supplier" in

section 1(1)(

l) of the Act

includes a landlord as defined in the Residential Tenancies

Act and an agent or employee of the landlord.

(3) Subsection (2) does not apply for the purposes of applying the

following to the subject-matter of this Part:

(a)

section 6(2), (3) or (4) of the Act;

(

b) any regulations, other than this Part, made under

section

6(4)(aa) of the Act.

Application

22.2 This Part does not apply to any premises described in

section

2(2)(

a) to (

i) of the Residential Tenancies Act or prescribed under

section 2(2)(

j) of that Act.

Unfair practices

22.3(1) It is an unfair practice for a supplier to charge a tenant,

based on readings taken from a heat sub-meter, for energy used to

heat the tenant's dwelling unit.

(2) Subsection (1) does not apply if the heat sub-meter is approved

for use under the Weights and Measures Act (Canada).

(3) It is an unfair practice for a supplier to charge a tenant for energy

based on readings taken from an approved heat sub-meter referred to

in subsection (2), unless the supplier first discloses the following to

the tenant in writing:

(

a) the readings;

(

b) the amount being charged for the energy reflected in the

readings;

(

c) any amount being charged for administrative or other fees;

(

d) the method used to calculate an amount referred to in clause

(

b) or (c).

(4) Subsections (1) and (3) do not apply in respect of any energy

used before the coming into force of this section.

(5) This

section applies despite any contract, whether made before

or after the coming into force of this section.

Offence

22.4 Any supplier that contravenes

section 22.3(1) or (3) is guilty

of an offence.

5 Schedules 1 and 2 are amended by striking out

"427-4088" and substituting "780-427-4088".

Alberta Regulation 310/2009

Municipal Government Act

MATTERS RELATING TO ASSESSMENT COMPLAINTS REGULATION

Filed: November 18, 2009

For information only: Made by the Minister of Municipal Affairs (M.O. L:210/09)

on November 5, 2009 pursuant to sections 484.1 and 527.1 of the Municipal

Government Act.

Definitions

Part 1

Matters before Assessment Review Board

2 Documents to be filed by complainant

Division 1

Hearing before Local Assessment Review Board

3 Scheduling and notice of hearing

4 Disclosure of evidence

5 Failure to disclose

6 Abridgment or expansion of time

Division 2

Hearing before Composite Assessment Review Board

7 Scheduling and notice of hearing

8 Disclosure of evidence

9 Failure to disclose

10 Abridgment or expansion of time

Division 3

General Procedural Matters

11 Complaint fees

12 Joint jurisdiction

13 Decision of assessment review board

14 Record of hearing

15 Postponement or adjournment of hearing

16 Personal attendance not required

17 Independent legal advice

Part 2

Matters before Municipal Government Board

18 Documents to be filed by complainant

19 Form of complaint

Division 1

Hearing before Municipal Government Board

20 Scheduling and notice of hearing

21 Disclosure of evidence

22 Failure to disclose

23 Abridgment or expansion of time

Division 2

General Procedural Matters

24 Complaint fees

25 Decision of Municipal Government Board

26 Record of hearing

27 Postponement or adjournment of hearing

28 Personal attendance not required

29 Independent legal advice

Part 3

One-member Assessment Review Board and Municipal

Government Board Panel

Division 1

One-member Local Assessment Review Board

30 One-member local assessment review board

Part 1 applies

32 Notice of hearing

33 Disclosure of evidence

34 Failure to disclose

35 Abridgment or expansion of time

Division 2

One-member Composite Assessment Review Board

36 One-member composite assessment review board

Part 1 applies

38 Notice of hearing

39 Disclosure of evidence

40 Failure to disclose

41 Abridgment or expansion of time

Division 3

One-member Municipal Government Board Panel

42 One-member Municipal Government Board panel

Part 2 applies

44 Notice of hearing

45 Disclosure of evidence

46 Failure to disclose

47 Abridgment or expansion of time

Part 4

Provincial Member

48 Appointment of provincial member

Part 5

Training and Qualifications

49 Training requirements

50 Ineligibility

Part 6

General Matters

51 Agent authorization

52 Costs

53 Supplementary assessment notice, amended assessment notice or

any amended tax notice other than a property tax notice

54 Complaint form must be available

Part 7

Transitional Provisions, Repeals, Expiry and

Coming into Force

55 Transitional

56 Repeals

57 Expiry

58 Coming into force

Schedules

Definitions

1(1) In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "agent" means a person who, for a fee or potential fee, acts

for an assessed person or a taxpayer during the assessment

complaint process or at a hearing before an assessment

review board or the Municipal Government Board;

under

section 455 of the Act;

(d) "complaint" means a complaint under

Part 11 or 12 of the

Act;

(e) "complaint form" means,

(

i) in the case of a complaint to be heard by an assessment

review board, the form set out in

Schedule 1;

(ii) in the case of a complaint to be heard by the Municipal

Government Board, the form containing the information

referred to in

section 19.

(2) A word that is defined in Parts 9 to 12 of the Act has the same

meaning when used in this Regulation.

Part 1

Matters before Assessment

Review Board

Documents to be filed by complainant

2(1) If a complaint is to be heard by an assessment review board, the

complainant must

(

a) complete and file with the clerk a complaint in the form set

out in

Schedule 1, and

(

b) pay the appropriate complaint fee set out in

Schedule 2 at the

time the complaint is filed if, in accordance with

section 481

of the Act, a fee is required by the council.

(2) If a complainant does not comply with subsection (1),

(

a) the complaint is invalid, and

(

b) the assessment review board must dismiss the complaint.

Division 1

Hearing before Local Assessment Review

Board

Scheduling and notice of hearing

3 If a complaint is to be heard by a local assessment review board,

the clerk must

(

a) provide, no later than the date the notice of hearing is

provided to the complainant, written acknowledgement to the

complainant that the complaint has been received,

(

b) schedule a hearing date, and

(

c) after a copy of the complaint form has been provided to the

municipality in accordance with

section 462 of the Act,

notify the municipality, the complainant and any assessed

person or taxpayer other than the complainant who is

affected by the complaint of the date, time and location of the

hearing and the requirements and timelines for disclosure of

evidence not less than 35 days before the hearing date.

Disclosure of evidence

4(1) In this section, "complainant" includes an assessed person or

taxpayer who is affected by a complaint who wishes to be heard at the

hearing.

(2) If a complaint is to be heard by a local assessment review board,

the following rules apply with respect to the disclosure of evidence:

(

a) the complainant must, at least 21 days before the hearing

date,

(

i) disclose to the respondent and the local assessment

review board the documentary evidence, a

summary of

the testimonial evidence, including any signed witness

reports, and any written argument that the complainant

intends to present at the hearing in sufficient detail to

allow the respondent to respond to or rebut the evidence

at the hearing, and

(ii) provide to the respondent and the local assessment

review board an estimate of the amount of time

necessary to present the complainant's evidence;

(

b) the respondent must, at least 7 days before the hearing date,

(

i) disclose to the complainant and the local assessment

review board the documentary evidence, a

summary of

the testimonial evidence, including any signed witness

reports, and any written argument that the respondent

intends to present at the hearing in sufficient detail to

allow the complainant to respond to or rebut the

evidence at the hearing, and

(ii) provide to the complainant and the local assessment

review board an estimate of the amount of time

necessary to present the respondent's evidence;

(

c) the complainant must, at least 3 days before the hearing date,

disclose to the respondent and the local assessment review

board the documentary evidence, a

summary of the

testimonial evidence, including any signed witness reports,

and any written argument that the complainant intends to

present at the hearing in rebuttal to the disclosure made under

clause (

b) in sufficient detail to allow the respondent to

respond to or rebut the evidence at the hearing.

Failure to disclose

5(1) A local assessment review board must not hear any matter in

support of an issue that is not identified on the complaint form.

(2) A local assessment review board must not hear any evidence that

has not been disclosed in accordance with

section 4.

(3) A local assessment review board must not hear any evidence from

a complainant relating to information that was requested by the

assessor under

section 294 or 295 of the Act but was not provided to

the assessor.

(4) A local assessment review board must not hear any evidence from

a municipality relating to information that was requested by a

complainant under

section 299 or 300 of the Act but was not provided

to the complainant.

Abridgment or expansion of time

6(1) A local assessment review board may at any time, with the

consent of all parties, abridge the time specified in

section 3(c).

(2) Subject to the timelines specified in

section 468 of the Act, a local

assessment review board may at any time by written order expand the

time specified in

section 4(2)(a), (

b) or (c).

(3) A time specified in

section 4(2)(a), (

b) or (

c) for disclosing

evidence or other documents may be abridged with the written consent

of the persons entitled to the evidence or other documents.

Division 2

Hearing before Composite

Assessment Review Board

Scheduling and notice of hearing

7 If a complaint is to be heard by a composite assessment review

board, the clerk must

(

a) provide, no later than the date the notice of hearing is

provided to the complainant, written acknowledgement to the

complainant that the complaint has been received,

(

b) provide the Minister with a copy of the complaint form at the

same time that the municipality is provided with a copy,

(

c) schedule a hearing date, and

(

d) after a copy of the complaint form has been provided to the

municipality in accordance with

section 462 of the Act and to

the Minister in accordance with clause (b), notify the

municipality, the complainant and any assessed person other

than the complainant who is affected by the complaint of the

date, time and location of the hearing and the requirements

and timelines for disclosure of evidence not less than 70 days

before the hearing date.

Disclosure of evidence

8(1) In this section, "complainant" includes an assessed person who is

affected by a complaint who wishes to be heard at the hearing.

(2) If a complaint is to be heard by a composite assessment review

board, the following rules apply with respect to the disclosure of

evidence:

(

a) the complainant must, at least 42 days before the hearing

date,

(

i) disclose to the respondent and the composite assessment

review board the documentary evidence, a

summary of

the testimonial evidence, including a signed witness

report for each witness, and any written argument that

the complainant intends to present at the hearing in

sufficient detail to allow the respondent to respond to or

rebut the evidence at the hearing, and

(ii) provide to the respondent and the composite assessment

review board an estimate of the amount of time

necessary to present the complainant's evidence;

(

b) the respondent must, at least 14 days before the hearing date,

(

i) disclose to the complainant and the composite

assessment review board the documentary evidence, a

summary of the testimonial evidence, including a signed

witness report for each witness, and any written

argument that the respondent intends to present at the

hearing in sufficient detail to allow the complainant to

respond to or rebut the evidence at the hearing, and

(ii) provide to the complainant and the composite

assessment review board an estimate of the amount of

time necessary to present the respondent's evidence;

(

c) the complainant must, at least 7 days before the hearing date,

disclose to the respondent and the composite assessment

review board the documentary evidence, a

summary of the

testimonial evidence, including a signed witness report for

each witness, and any written argument that the complainant

intends to present at the hearing in rebuttal to the disclosure

made under clause (

b) in sufficient detail to allow the

respondent to respond to or rebut the evidence at the hearing.

Failure to disclose

9(1) A composite assessment review board must not hear any matter

in support of an issue that is not identified on the complaint form.

(2) A composite assessment review board must not hear any evidence

that has not been disclosed in accordance with

section 8.

(3) A composite assessment review board must not hear any evidence

from a complainant relating to information that was requested by the

assessor under

section 294 or 295 of the Act but was not provided to

the assessor.

(4) A composite assessment review board must not hear any evidence

from a municipality relating to information that was requested by a

complainant under

section 299 or 300 of the Act but was not provided

to the complainant.

Abridgment or expansion of time

10(1) A composite assessment review board may at any time, with the

consent of all parties, abridge the time specified in

section 7(d).

(2) Subject to the timelines specified in

section 468 of the Act, a

composite assessment review board may at any time by written order

expand the time specified in

section 8(2)(a), (

b) or (c).

(3) A time specified in

section 8(2)(a), (

b) or (

c) for disclosing

evidence or other documents may be abridged with the written consent

of the persons entitled to the evidence or other documents.

Division 3

General Procedural Matters

Complaint fees

11(1) The fees payable by persons wishing to make a complaint or be

involved as a party in a hearing by an assessment review board are

those fees set out in

Schedule 2.

(2) If a complainant withdraws a complaint on agreement with the

assessor to correct any matter or issue under complaint, any complaint

filing fee must be refunded to the complainant.

Joint jurisdiction

12 If a property is used or designated for multiple purposes in

circumstances where both a local assessment review board and a

composite assessment review board have jurisdiction to hear a

complaint with respect to the property, the complaint must be heard by

the composite assessment review board.

Decision of assessment review board

13(1) For the purposes of

section 468 of the Act, a decision of an

assessment review board must include

(

a) a brief

summary of the matters or issues contained on the

complaint form,

(

b) the board's decision in respect of each matter or issue,

(

c) the reasons for the decision, including any dissenting reasons,

and

(

d) any procedural or jurisdictional matters that arose during the

hearing, and the board's decision in respect of those matters.

(2) The clerk of composite assessment review board must, within 7

days of a composite assessment review board rendering a decision,

provide the Minister with a copy of that decision.

(3) A municipality must retain a record of all decisions of a local

assessment review board for at least 5 years.

Record of hearing

14(1) An assessment review board must make and keep a record of

each hearing in accordance with subsection (2).

(2) A record of a hearing must include

(

a) the complaint form,

(

b) all documentary evidence filed in the matter,

(

c) a list of witnesses who gave evidence at the hearing,

(

d) a transcript or recording of the hearing or, in the absence of a

transcript or recording, a

summary of all testimonial evidence

given at the hearing,

(

e) all written arguments presented at the hearing,

(

f) a written list that is prepared at the end of the hearing that

identifies those matters or issues from the complaint form

about which evidence was given or argument was made at

the hearing, and

(

g) the decision of the assessment review board referred to in

section 13.

(3) If evidence given at a hearing is recorded by means of a

sound-recording machine, a party to a hearing may request a copy of

the sound recording or the transcript of the sound recording if the party

pays for the cost of preparing the copy or transcript.

Postponement or adjournment of hearing

15(1) Except in exceptional circumstances as determined by an

assessment review board, an assessment review board may not grant a

postponement or adjournment of a hearing.

(2) A request for a postponement or an adjournment must be in

writing and contain reasons for the postponement or adjournment, as

the case may be.

(3) Subject to the timelines specified in

section 468 of the Act, if an

assessment review board grants a postponement or adjournment of a

hearing, the assessment review board must

schedule the date, time and

location for the hearing at the time the postponement or adjournment is

granted.

Personal attendance not required

16(1) Parties to a hearing before an assessment review board may

attend the hearing in person or may, instead of attending in person, file

a written presentation with the clerk of the assessment review board.

(2) A party who files a written presentation under subsection (1) must

provide a copy of it to the other parties,

(

a) in the case of a hearing before a local assessment review

board, at least 3 days before the hearing;

(

b) in the case of a hearing before a composite assessment

review board, at least 7 days before the hearing.

Independent legal advice

17 An assessment review board may only seek legal advice from a

lawyer who is independent from the parties to a hearing.

Part 2

Matters before Municipal

Government Board

Documents to be filed by complainant

18(1) If a complaint is to be heard by the Municipal Government

Board, the complainant must

(

a) complete and file with the administrator a complaint

containing the information set out in

section 19, and

(

b) pay the appropriate complaint fee set out in

Schedule 2 at the

time the complaint is filed.

(2) If a complainant does not comply with subsection (1),

(

a) the complaint is invalid, and

(

b) the Municipal Government Board must dismiss the

complaint.

Form of complaint

19 For the purposes of

section 491(1) of the Act, the form of

complaint must be in writing and contain the information described in

section 491(2) of the Act and,

(

a) in respect of a complaint about linear property,

(

i) the name of the assessed person as shown on the

assessment notice,

(ii) the complainant's name if different from the assessed

person,

(iii) the contact information for the complainant,

(iv) the Linear Property Assessment Unit Identification

number for the linear property under complaint,

(

v) the municipality in which the linear property under

complaint is located,

(vi) the matter for complaint as described in

section 492(1)

of the Act,

(vii) what information used in the linear property assessment

calculation process prescribed by the Minister's

Guidelines is incorrect,

(viii) in what respect that information is incorrect,

(ix) what the correct information is to be used in the linear

property assessment calculation process,

(

x) the source of that information,

(xi) the requested assessed value, if the complaint relates to

an assessment, and

(xii) the specific issues related to the incorrect information

that are to be decided by the Municipal Government

Board, and the reasons in support of the complainant's

position on those issues,

and

(

b) in respect of a complaint about the amount of an equalized

assessment,

(

i) the information described in

section 491(4) of the Act,

and

(ii) the specific issues related to the incorrect information

that are to be decided by the Municipal Government

Board, and the reasons in support of the complainant's

position on those issues.

Division 1

Hearing before Municipal

Government Board

Scheduling and notice of hearing

20 If a complaint is to be heard by the Municipal Government Board,

the administrator must

(

a) within 7 days of receiving a complaint, provide the assessor

designated by the Minister with a copy of the complaint

form,

(

b) schedule a hearing date, and

(

c) after a copy of the complaint form has been provided to the

municipality in accordance with

section 494 of the Act and to

the assessor designated by the Minister in accordance with

clause (a), notify the municipality, the assessor designated by

the Minister, the complainant and any assessed person other

than the complainant who is affected by the complaint of the

date, time and location of the hearing not less than 70 days

before the hearing date.

Disclosure of evidence

21(1) In this section, "complainant" includes an assessed person who

is affected by a complaint who wishes to be heard at the hearing.

(2) If a complaint is to be heard by the Municipal Government Board,

the following rules apply with respect to the disclosure of evidence:

(

a) the complainant must, at least 42 days before the hearing

date,

(

i) disclose to the respondent and the Municipal

Government Board the documentary evidence, a

summary of the testimonial evidence, including a signed

witness report for each witness, and any written

argument that the complainant intends to present at the

hearing in sufficient detail to allow the respondent to

respond to or rebut the evidence at the hearing, and

(ii) provide to the respondent and the Municipal

Government Board an estimate of the amount of time

necessary to present the complainant's evidence;

(

b) the respondent must, at least 14 days before the hearing date,

(

i) disclose to the complainant and the Municipal

Government Board the documentary evidence, a

summary of the testimonial evidence, including a signed

witness report for each witness, and any written

argument that the respondent intends to present at the

hearing in sufficient detail to allow the complainant to

respond to or rebut the evidence at the hearing, and

(ii) provide to the complainant and the Municipal

Government Board an estimate of the amount of time

necessary to present the respondent's evidence;

(

c) the complainant must, at least 7 days before the hearing date,

disclose to the respondent and the Municipal Government

Board the documentary evidence, a

summary of the

testimonial evidence, including a signed witness report for

each witness, and any written argument that the complainant

intends to present at the hearing in rebuttal to the disclosure

made under clause (

b) in sufficient detail to allow the

respondent to respond to or rebut the evidence at the hearing.

Failure to disclose

22(1) The Municipal Government Board must not hear any matter in

support of an issue that is not identified on the complaint form.

(2) The Municipal Government Board must not hear any evidence that

has not been disclosed in accordance with

section 21.

(3) The Municipal Government Board must not hear any evidence

from a complainant relating to information that was requested by the

assessor under

section 292, 294 or 295 of the Act but was not provided

to the assessor.

(4) The Municipal Government Board must not hear evidence from a

complainant relating to information that was requested by the Minister

under

section 319 of the Act or required to be reported under the

Minister's Guidelines but was not provided or reported to the Minister.

Abridgment or expansion of time

23(1) The Municipal Government Board may at any time, with the

consent of all parties, abridge the time specified in

section 20(c).

(2) Subject to the timelines specified in

section 500 of the Act, the

Municipal Government Board may at any time by written order expand

the time specified in

section 21(2)(a), (

b) or (c).

(3) A time specified in

section 21(2)(a), (

b) or (

c) for disclosing

evidence or other documents may be abridged with the written consent

of the persons entitled to that evidence or documents.

Division 2

General Procedural Matters

Complaint fees

24(1) The fees payable by a person wishing to make a complaint or to

be involved as a party or intervener in a hearing by the Municipal

Government Board in respect of linear property or an equalized

assessment are those fees set out in

Schedule 2.

(2) If

(

a) a complainant withdraws a complaint on agreement with the

assessor designated by the Minister or the Minister, as the

case may be, to correct any matter or issue under complaint,

(

b) the Municipal Government Board makes a decision in favour

of the complainant, or

(

c) the Municipal Government Board makes a decision that is

not in favour of the complainant, but on appeal the Court of

Queen's Bench makes a decision in favour of the

complainant,

any complaint filing fee must be refunded to the complainant.

Decision of Municipal Government Board

25 For the purposes of

section 500 of the Act, a decision of the

Municipal Government Board must include

(

a) a brief

summary of the matters and issues contained on the

complaint form,

(

b) the Municipal Government Board's decision in respect of

each matter or issue,

(

c) the reasons for the decision, including any dissenting reasons,

and

(

d) any procedural or jurisdictional matters that arose during the

hearing, and the Municipal Government Board's decision in

respect of those matters.

Record of hearing

26(1) The Municipal Government Board must make and keep a

record of each hearing in accordance with subsection (2).

(2) A record of a hearing must include

(

a) the complaint form,

(

b) all documentary evidence filed in the matter,

(

c) a list of witnesses who gave evidence at the hearing,

(

d) a transcript or recording of the hearing or, in the absence of a

transcript or recording, a

summary of all testimonial evidence

given at the hearing,

(

e) all written arguments presented at the hearing,

(

f) a written list that is prepared at the end of the hearing that

identifies those matters or issues from the complaint form

about which evidence was given or argument was made at

the hearing, and

(

g) the decision of the Municipal Government Board referred to

section 25.

(3) If evidence given at a hearing is recorded by means of a

sound-recording machine, a party to a hearing may request a copy of

the sound recording or the transcript of the sound recording, if the

party pays for the cost of preparing the copy or transcript.

Postponement or adjournment of hearing

27(1) Except in exceptional circumstances as determined by the

Municipal Government Board, the Municipal Government Board may

not grant a postponement or adjournment of a hearing.

(2) A request for a postponement or an adjournment must be in

writing and contain reasons for the postponement or adjournment, as

the case may be.

(3) Subject to the timelines specified in

section 500 of the Act, if the

Municipal Government Board grants a postponement or adjournment,

the Municipal Government Board must

schedule the date, time and

location for the hearing at the time the postponement or adjournment is

granted.

Personal attendance not required

28(1) Parties to a hearing before the Municipal Government Board

may attend the hearing in person or may, instead of attending in

person, file a written presentation with the administrator of the

Municipal Government Board.

(2) A party who files a written presentation under subsection (1) must

provide a copy of it to the other parties at least 7 days before the

hearing.

Independent legal advice

29 The Municipal Government Board may only seek legal advice

from a lawyer who is independent from the parties to a hearing.

Part 3

One-member Assessment Review Board

and Municipal Government Board Panel

Division 1

One-member Local Assessment

Review Board

One-member local assessment review board

30(1) Pursuant to

section 454.1(2) of the Act, a council may establish

a local assessment review board consisting of only one member.

(2) A one-member local assessment review board may hear and decide

one or more of the following matters:

(

a) a complaint about a matter shown on a tax notice, other than

a property tax notice;

(

b) a complaint about a matter shown on an assessment notice,

other than an assessment;

(

c) a procedural matter, including, without limitation, the

scheduling of a hearing, the granting or refusal of a

postponement or adjournment, an expansion of time and an

issue involving the disclosure of evidence;

(

d) an administrative matter, including, without limitation, an

invalid complaint;

(

e) any matter, other than an assessment, where all of the parties

consent to a hearing before a one-member assessment review

board.

Part 1 applies

31 Subject to this Division,

Part 1 applies to a one-member local

assessment review board.

Notice of hearing

32 If a complaint is to be heard by a one-member local assessment

review board, the clerk must, after a copy of the complaint has been

provided to the municipality, notify the municipality, the complainant

and any assessed person or taxpayer other than the complainant who is

affected by the complaint of the date, time and location of the hearing

not less than 15 days before the hearing date.

Disclosure of evidence

33(1) In this section, "complainant" includes an assessed person or

taxpayer who is affected by a complaint who wishes to be heard at the

hearing.

(2) If a complaint is to be heard by a one-member local assessment

review board, the following rules apply with respect to the disclosure

of evidence:

(

a) the complainant must, at least 7 days before the hearing date,

(

i) disclose to the respondent and the one-member local

assessment review board the documentary evidence, a

summary of the testimonial evidence, including any

signed witness reports, and any written argument that

the complainant intends to present at the hearing in

sufficient detail to allow the respondent to respond to or

rebut the evidence at the hearing, and

(ii) provide to the respondent and the one-member local

assessment review board an estimate of the amount of

time necessary to present the complainant's evidence;

(

b) the respondent must, at least 7 days before the hearing date,

(

i) disclose to the complainant and the one-member local

assessment review board the documentary evidence, a

summary of the testimonial evidence, including any

signed witness reports, and any written argument that

the respondent intends to present at the hearing in

sufficient detail to allow the complainant to respond to

or rebut the evidence at the hearing, and

(ii) provide to the complainant and the one-member local

assessment review board an estimate of the amount of

time necessary to present the respondent's evidence.

Failure to disclose

34(1) A one-member local assessment review board must not hear

any matter in support of an issue that is not identified on the complaint

form.

(2) A one-member local assessment review board must not hear any

evidence that has not been disclosed in accordance with

section 33.

(3) A one-member local assessment review board must not hear any

evidence from a complainant relating to information that was requested

by the assessor under

section 294 or 295 of the Act but was not

provided to the assessor.

(4) A one-member local assessment review board must not hear any

evidence from a municipality relating to information that was

requested by a complainant under

section 299 or 300 of the Act but

was not provided to the complainant.

Abridgment or expansion of time

35(1) A one-member local assessment review board may at any time,

with the consent of all parties, abridge the time specified in

section 32.

(2) Subject to the timelines specified in

section 468 of the Act, a

one-member local assessment review board may at any time by written

order expand the time specified in

section 33(2)(

a) or (b).

(3) A time specified in

section 33(2)(

a) or (

b) for disclosing evidence

or other documents may be abridged with the written consent of the

persons entitled to the evidence or other documents.

Division 2

One-member Composite Assessment

Review Board

One-member composite assessment review board

36(1) Pursuant to

section 454.2(3) of the Act, a council may establish

a composite assessment review board consisting of only one member.

(2) A one-member composite assessment review board may hear and

decide one or more of the following matters:

(

a) a complaint about a matter shown on an assessment notice,

other than an assessment;

(

b) a procedural matter, including, without limitation, the

scheduling of a hearing, the granting or refusal of a

postponement or adjournment, an expansion of time and an

issue involving the disclosure of evidence;

(

c) an administrative matter, including, without limitation, an

invalid complaint;

(

d) any matter, other than an assessment, where all of the parties

consent to a hearing before a one-member composite

assessment review board.

Part 1 applies

37 Subject to this Division,

Part 1 applies to a one-member

composite assessment review board.

Notice of hearing

38 If a complaint is to be heard before a one-member composite

assessment review board, the clerk must, after a copy of the complaint

has been provided to the municipality, notify the municipality, the

complainant and any assessed person other than the complainant who

is affected by the complaint of the date, time and location of the

hearing not less than 15 days before the date of the hearing is

scheduled.

Disclosure of evidence

39(1) In this section, "complainant" includes an assessed person who

is affected by a complaint who wishes to be heard at the hearing.

(2) If a complaint is to be heard by a one-member composite

assessment review board, the following rules apply with respect to the

disclosure of evidence:

(

a) the complainant must, at least 7 days before the hearing date,

(

i) disclose to the respondent and the one-member

composite assessment review board the documentary

evidence, a

summary of the testimonial evidence,

including a signed witness report for each witness, and

any written argument that the complainant intends to

present at the hearing in sufficient detail to allow the

respondent to respond to or rebut the evidence at the

hearing, and

(ii) provide to the respondent and the one-member

composite assessment review board an estimate of the

amount of time necessary to present the complainant's

evidence;

(

b) the respondent must, at least 7 days before the hearing date,

(

i) disclose to the complainant and the one-member

composite assessment review board the documentary

evidence, a

summary of the testimonial evidence,

including a signed witness report for each witness, and

any written argument that the respondent intends to

present at the hearing in sufficient detail to allow the

complainant to respond to or rebut the evidence at the

hearing, and

(ii) provide to the complainant and the one-member

composite assessment review board an estimate of the

amount of time necessary to present the complainant's

evidence.

Failure to disclose

40(1) A one-member composite assessment review board must not

hear any matter in support of an issue that is not identified on the

complaint form.

(2) A one-member composite assessment review board must not hear

any evidence that has not been disclosed in accordance with

section

(3) A one-member composite assessment review board must not hear

any evidence from a complainant relating to information that was

requested by the assessor under

section 294 or 295 of the Act but was

not provided to the assessor.

(4) A one-member composite assessment review board must not hear

any evidence from a municipality relating to information that was

requested by a complainant under

section 299 or 300 of the Act but

was not provided to the complainant.

Abridgment or expansion of time

41(1) A one-member composite assessment review board may at any

time, with the consent of all parties, abridge the time specified in

section 38.

(2) Subject to the timelines specified in

section 468 of the Act, a

one-member composite assessment review board may at any time by

written order expand the time specified in

section 39(2)(

a) or (b).

(3) A time specified in

section 39(2)(

a) or (

b) for disclosing evidence

or other documents may be abridged with the written consent of the

persons entitled to the evidence or other documents.

Division 3

One-member Municipal

Government Board Panel

One-member Municipal Government Board panel

42(1) One member of the Municipal Government Board may sit as a

panel of the Municipal Government Board to hear and decide on one

or more of the following matters:

(

a) a complaint about a matter shown on an assessment notice,

other than an assessment;

(

b) a procedural matter, including, without limitation, the

scheduling of a hearing, the granting or refusal of a

postponement or adjournment, an expansion of time and an

issue involving the disclosure of evidence;

(

c) an administrative matter, including, without limitation, an

invalid complaint;

(

d) any matter where all of the parties consent to a hearing

before a one-member Municipal Government Board panel.

Part 2 applies

43 Subject to this Division,

Part 2 applies to a one-member

Municipal Government Board panel.

Notice of hearing

44 If a complaint is to be heard before a one-member Municipal

Government Board panel, the administrator must, after a copy of the

complaint form has been provided to the municipality and to the

assessor designated by the Minister in accordance with

section 20(a),

notify the assessor designated by the Minister, the municipality, the

complainant and any assessed person other than the complainant who

is affected by the complaint of the date, time and location of the

hearing not less than 15 days before the date of the hearing is

scheduled.

Disclosure of evidence

45(1) In this section, "complainant" includes an assessed person who

is affected by a complaint who wishes to be heard at the hearing.

(2) If a complaint is to be heard by a one-member Municipal

Government Board panel, the following rules apply with respect to the

disclosure of evidence:

(

a) the complainant must, at least 7 days before the hearing date,

(

i) disclose to the respondent and the one-member

Municipal Government Board panel the documentary

evidence, a

summary of the testimonial evidence,

including a signed witness report for each witness, and

any written argument that the complainant intends to

present at the hearing in sufficient detail to allow the

respondent to respond to or rebut the evidence at the

hearing, and

(ii) provide to the respondent and the one-member

Municipal Government Board panel an estimate of the

amount of time necessary to present the complainant's

evidence;

(

b) the respondent must, at least 7 days before the hearing date,

(

i) disclose to the complainant and the one-member

Municipal Government Board panel the documentary

evidence, a

summary of the testimonial evidence,

including a signed witness report for each witness, and

any written argument that the respondent intends to

present at the hearing in sufficient detail to allow the

complainant to respond to or rebut the evidence at the

hearing, and

(ii) provide to the complainant and the one-member

Municipal Government Board panel an estimate of the

amount of time necessary to present the respondent's

evidence.

Failure to disclose

46(1) A one-member Municipal Government Board panel must not

hear any matter in support of an issue that is not identified on the

complaint form.

(2) A one-member Municipal Government Board panel must not hear

any evidence that has not been disclosed in accordance with

section

(3) A one-member Municipal Government Board panel must not hear

any evidence from a complainant relating to information that was

requested by the assessor under

section 292, 294 or 295 of the Act but

was not provided to the assessor.

Abridgment or expansion of time

47(1) A one-member Municipal Government Board panel may at any

time, with the consent of all parties, abridge the time specified in

section 44.

(2) Subject to the timelines specified in

section 500 of the Act, a

one-member Municipal Government Board panel may at any time by

written order expand the time specified in

section 45(2)(

a) or (b).

(3) A time specified in

section 45(2)(

a) or (

b) for disclosing evidence

or other documents may be abridged with the written consent of the

persons entitled to the evidence or other documents.

Part 4

Provincial Member

Appointment of provincial member

48(1) When a council has established a composite assessment review

board, the municipality must, within 30 days, provide written notice of

that fact to the Minister.

(2) The Minister may, after receiving written notice from the

municipality that the council has established a composite assessment

review board, appoint a provincial member to the composite

assessment review board.

(3) Despite subsection (2), the Minister must, after receiving a copy of

the complaint form, appoint a provincial member to the composite

assessment review board prior to the notice of hearing being provided

to the parties under

section 7(d).

(4) The Minister may only appoint as a provincial member a current

member of the Municipal Government Board.

Part 5

Training and Qualifications

Training requirements

49(1) Every clerk and administrator must

(

a) successfully complete a training program set or approved by

the Minister, and

(

b) every 3 years successfully complete a refresher training

program set by the Minister.

(2) In order for a member of an assessment review board or a panel of

the Municipal Government Board to be qualified to participate in a

hearing, the member must successfully complete a training program set

or approved by the Minister.

Ineligibility

50 A person may not be a member of an assessment review board or

the Municipal Government Board if the person

(

a) is an assessor,

(

b) is an employee of the municipality for which the assessment

review board is established, or

(

c) is an agent.

Part 6

General Matters

Agent authorization

51 An agent may not file a complaint or act for an assessed person or

taxpayer at a hearing unless the assessed person or taxpayer has

prepared and filed with the clerk or administrator an assessment

complaints agent authorization form set out in

Schedule 4.

Costs

52(1) Any party to a hearing before a composite assessment review

board or the Municipal Government Board may make an application to

the composite assessment review board or the Municipal Government

Board, as the case may be, at any time, but no later than 30 days after

the conclusion of the hearing, for an award of costs in an amount set

out in

Schedule 3 that are directly and primarily related to matters

contained in the complaint and the preparation of the party's

submission.

(2) In deciding whether to grant an application for the award of costs,

in whole or in part, the composite assessment review board or the

Municipal Government Board may consider the following:

(

a) whether there was an abuse of the complaint process;

(

b) whether the party applying for costs incurred additional or

unnecessary expenses as a result of an abuse of the complaint

process.

(3) A composite assessment review board or the Municipal

Government Board may on its own initiative and at any time award

costs.

(4) Any costs that the composite assessment review board or the

Municipal Government Board award are those set out in

Schedule 3.

(5) If the complainant is

(

a) the assessed person or the taxpayer of the property under

complaint,

(

b) an employee or representative of that assessed person or

taxpayer, or

(

c) an agent for that assessed person or taxpayer,

the assessed person or the taxpayer is responsible for any costs

awarded by a composite assessment review board.

(6) If the complainant is

(

a) the assessed person or the taxpayer of property other than the

property under complaint,

(

b) an employee or representative of that assessed person or

taxpayer, or

(

c) an agent for that assessed person or taxpayer,

the complainant is responsible for any costs awarded by a composite

assessment review board.

(7) If the complainant is

(

a) the assessed person of linear property under complaint,

(

b) an employee or representative of that assessed person, or

(

c) an agent for that assessed person,

the assessed person is responsible for any costs awarded by the

Municipal Government Board.

(8) The municipality in which the property under complaint is located

is responsible for any costs awarded by a composite assessment review

board against an employee or representative of the municipality.

(9) The municipality that files a complaint about an equalized

assessment or linear property is responsible for any costs awarded by

the Municipal Government Board against an employee or

representative of the municipality.

(10) The Minister is responsible for any costs awarded by the

Municipal Government Board against an employee or representative of

the Minister.

Supplementary assessment notice, amended assessment notice or any

amended tax notice other than a property tax notice

53 For the purposes of

section 468(2) of the Act, an assessment

review board must render its decision and provide reasons for that

decision, including any dissenting reasons,

(

a) within 160 days from the date that a complaint was filed, in

the case of a hearing before a local assessment review board;

(

b) within 210 days from the date that a complaint was filed, in

the case of a hearing before a composite assessment review

board;

(

c) within 110 days from the date the complaint was filed, in the

case of a hearing before a one-member assessment review

board.

Complaint form must be available

54 A municipality must ensure that copies of the complaint form set

out in

Schedule 1 and the assessment complaints agent authorization

form set out in

Schedule 4 are readily available to the public.

Part 7

Transitional Provisions, Repeals, Expiry

and Coming into Force

Transitional

55(1) Despite the repeal of the Assessment Complaints and Appeals

Regulation (AR 238/2000) and the Assessment Complaints Fee

Regulation (AR 243/2008), those regulations continue to apply to all

appeals and complaints filed with respect to the 2009 and previous

taxation years.

(2) This Regulation applies to complaints with respect to the 2010 and

subsequent taxation years.

Repeals

56 The following regulations are repealed:

(

a) Assessment Complaints and Appeals Regulation

(AR 238/2000);

(

b) Assessment Complaints Fee Regulation (AR 243/2008).

Expiry

57 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 November 30, 2012.

Coming into force

58 This Regulation comes into force on January 1, 2010.

Schedule 1

Assessment Review Board Complaint

Municipality Name (as shown on your assessment notice or tax notice)

Tax Year

Section 1 - Notice Type

Assessment notice: ? Annual Assessment

? Amended Annual Assessment

? Supplementary Assessment

? Amended Supplementary Assessment

Tax Notice: ? Business Tax

? Other Tax (excluding property tax and business tax)

Name of Other Tax

Section 2 - Property Information

Assessment Roll or Tax Roll Number

Property Address

Legal Land Description (i.e. Plan, Block, Lot or ATS 1/4 Sec-Twp-Rng-Mer)

Property Type ? Residential property with 3 or less dwelling units

(check all that apply) ? Residential property with 4 or more dwelling units

? Farm land

? Non-residential property

? Machinery and equipment

Business Name (if pertaining to business tax)

Business Owner(

s) Section 3 - Complainant Information

Is the complainant the assessed person or taxpayer for the property under complaint?

? Yes ? No

Note: If this complaint is being filed on behalf of the assessed person or taxpayer by an agent for a

fee, or a potential fee, the Assessment Complaints Agent Authorization form must be completed by

the assessed person or taxpayer of the property and must be submitted with this complaint form.

Complainant Name (if the complainant, assessed person or taxpayer is a company, enter the

complete legal name of the company)

Mailing Address (if different from above) City/Town Province Postal Code

Telephone number (include area code)

Fax Number (include area code)

Email Address

Section 4 - Complaint Information

Check the matter(

s) that apply to the

complaint (see reverse for coding)

? 1 ? 2 ? 3 ? 4 ? 5 ? 6 ? 7 ? 8 ? 9 ? 10

Note: Some matters or information may be corrected by contacting the municipal

assessor prior to filing a formal complaint.

If information was requested from the municipality pursuant to

section 299 or 300 of the Municipal

Government Act, was the information provided? ? Yes ? No

Section 5 - Reason(

s) for Complaint

Note: An assessment review board must

not hear any matter in support of an issue

that is not identified on the complaint form

The reasons for a complaint must accompany the complaint form, including:

? what information shown on an assessment notice or tax notice is incorrect;

? in what respect that information is incorrect, including identifying the specific issues related to

the incorrect information that are to be decided by the assessment review board, and the grounds in

support of these issues;

? what the correct information is;

? if the complaint relates to an assessment, the

requested assessed value.

Requested assessed

value:

(

a) include a statement that the complainant and the respondent have discussed the matters for

complaint, specifying the date and outcome of that discussion, including the details of any

issues or facts agreed to by the parties, or

(

b) include a statement, if the complainant and the respondent have not discussed the matters for

complaint, specifying why no discussion was held.

NOTE: If necessary, additional pages or documentation required to complete this

section may be submitted with this complaint form.

Section 6 - Complaint Filing Fee

If the municipality has set filing fees payable by persons wishing to make a complaint, the filing fee

must accompany the complaint form or the complaint will be invalid and returned to the person

making the complaint.

If the assessment review board makes a decision in favour of the complaint, or if all issues under

complaint are corrected by agreement between the complainant and the assessor, and the complaint is

withdrawn prior to the hearing, the filing fee will be refunded.

Section 7 - Complainant Signature

Signature Printed name of signatory person and title Date (mm/dd/yyyy)

Important Notice: Your completed complaint form and any supporting attachments,

the agent authorization form and the prescribed filing fee must be submitted to the

person and address with whom a complaint must be filed as shown on the

assessment notice or tax notice prior to the deadline indicated on the assessment

notice or tax notice. Complaints with an incomplete form, complaints submitted after

the filing deadline or complaints without the required filing fee are invalid.

Assessment Review Board Clerk Use Only

Was the complaint filed on time? ? Yes ? No

Is the required information included

on or with the complaint form? ? Yes ? No

Was the required filing fee included? ? Yes ? No ? N/A

Was a properly completed agent authorization Date Received _____

form attached? ? Yes ? No ? N/A

Complaint to be heard by: ? LARB ? CARB

MATTERS FOR A COMPLAINT

A complaint to the assessment review board may be about any of the following matters shown on an

assessment notice or on a tax notice (other than a property tax notice).

1 the description of the property or business

2 the name or mailing address of an assessed person or taxpayer

3 an assessment amount

4 an assessment class

5 an assessment sub-class

6 the type of property

7 the type of improvement

8 school support

9 whether the property or business is assessable

10 whether the property or business is exempt from taxation

Note: To eliminate the need to file a complaint, some matters or information shown on an assessment

notice or tax notice may be corrected by contacting the municipal assessor. It is advised to discuss any

concerns about the matters with the municipal assessor prior to filing this complaint.

If a complaint fee is required by the municipality, it will be indicated on the assessment notice. Your

complaint form will not be filed and will be returned to you unless the required complaint fee

indicated on your assessment notice is enclosed.

ASSESSMENT REVIEW BOARDS

A Local Assessment Review Board will hear complaints about residential property with 3 or less

dwelling units, farm land or matters shown on a tax notice (other than a property tax notice).

A Composite Assessment Review Board will hear complaints about residential property with 4 or

more dwelling units or non-residential property.

DISCLOSURE

Disclosure must include:

All relevant facts supporting the matters of complaint described on this complaint form.

All documentary evidence to be presented at the hearing.

A list of witnesses who will give evidence at the hearing.

summary of testimonial evidence.

The legislative grounds and reason for the complaint.

Relevant case law and any other information that the complainant considers relevant.

Disclosure timelines:

For a complaint about any matter other than an assessment, the parties must provide full disclosure

at least 5 days before the scheduled hearing date.

For a complaint about an assessment - Local Assessment Review Board:

Complainant must provide full disclosure at least 21 days before the scheduled hearing date.

Respondent must provide full disclosure at least 7 days before the scheduled hearing date.

Complainant must provide rebuttal at least 3 days before the scheduled hearing data.

For a complaint about an assessment - Composite Assessment Review Board:

Complainant must provide full disclosure at least 42 days before the scheduled hearing date.

Respondent must provide full disclosure at least 14 days before the scheduled hearing date.

Complainant must provide rebuttal at least 7 days before the scheduled hearing date.

DISCLOSURE RULES

Timelines for disclosure must be followed.

Information that has not been disclosed will not be heard by an assessment review board.

Disclosure timelines can be reduced if the disclosure information is provided at the time the complaint

form is filed.

Both the complainant and the assessor must agree to reduce the timelines.

PENALTIES

A Composite Assessment Review Board may award costs against any party to a complaint that has

not provided full disclosure in accordance with the regulations.

IMPORTANT NOTICES

Your completed complaint form and any supporting attachments, the agent authorization form and the

prescribed filing fee must be submitted to the person and address with whom a complaint must be

filed as shown on the assessment notice or tax notice, prior to the deadline indicated on the assessment

notice or tax notice. Complaints with an incomplete complaint form, complaints submitted after the

filing deadline or complaints without the required filing fee are invalid.

An assessment review board must not hear any matter in support of an issue that is not identified on

the complaint form.

The assessment review board clerk will notify all parties of the hearing date and location.

For more details about disclosure please see the Matters Relating to Assessment Complaints

Regulation.

To avoid penalties, taxes must be paid on or before the deadline specified on the tax notice even if a

complaint is filed.

The personal information on this form is being collected under the authority of the Municipal

Government Act,

section 460, as well as the Freedom of Information and Protection of Privacy Act,

section 33(c). The information will be used for administrative purposes and to process your complaint.

For further information, contact your local Assessment Review Board.

Schedule 2

Complaint Fees

Category of Complaint

Complaint Fee

Residential 3 or fewer dwellings and farm

land

Up to

$ 50

Residential 4 or more dwellings

Up to

$650

Non-residential

Up to

$650

Business tax

Up to

$ 50

Tax notices (other than business tax)

Up to

$ 30

Linear property-power generation

Flat fee

$650 per facility

Linear property-other

Flat fee

$ 50 per LPAUID *

Equalized assessment

Flat fee

$650

* Linear Property Assessment Unit Identification

Schedule 3

Table of Costs

Where the conduct of the offending party warrants it, a composite assessment review board or the

Municipal Government Board may award costs up to the amounts specified in the appropriate column

Part 1.

Where a composite assessment review board or the Municipal Government Board determines that a

hearing was required to determine a matter that did not have a reasonable chance of success, it may

award costs, up to the amounts specified in the appropriate column in

Part 2 or 3, against the party

that unreasonably caused the hearing to proceed.

Assessed Value

Part 1 - Action committed by a party

Disclosure of irrelevant evidence that has

resulted in a delay of the hearing process.

$500

$1000

$2000

$5000

A party attempts to present new issues

not identified on the complaint form or

evidence in support of those issues.

$500

$1000

$2000

$5000

A party attempts to introduce evidence

that was not disclosed within the

prescribed timelines.

$500

$1000

$2000

$5000

A party causes unreasonable delays or

postponements.

$500

$1000

$2000

$5000

At the request of a party, a board expands

the time period for disclosure of evidence

that results in prejudice to the other party.

$500

$1000

$2000

$5000

Part 2 - Merit Hearing

Preparation for hearing

$1000

$4000

$8000

$10 000

For first 1/2 day of hearing or portion

thereof.

$1000

$1500

$1750

$2000

For each additional 1/2 day of hearing.

$500

$750

$875

$1000

Second counsel fee for each 1/2 day or

portion thereof (when allowed by a

board).

$250

$500

$750

$1000

Part 3 - Procedural Applications

Contested hearings before a one-member

board (for first 1/2 day or portion

thereof).(i.e. request for adjournment)

$1000

$1500

$1750

$2000

Contested hearings before a one-member

board (for each additional 1/2 day or

portion thereof).

$500

$750

$875

$1000

Schedule 4

Assessment Complaints

Agent Authorization

Section 1 - Assessed Person/Taxpayer Information

Tax Year

Assessed Person(

s) or Taxpayer(s) (if the assessed person or taxpayer is a company, enter the

complete legal name of the company)

Business Name (if pertaining to business tax)

Business Owner(

s) Section 2 - Municipal and Property Information

(for linear property go to

Section 3)

Municipality Name (as shown on your assessment notice or

tax notice)

Assessment Roll or

Tax Roll Number

Property Address

Legal Land Description (i.e. Plan, Block, Lot or ATS 1/4 Sec-Twp-Rng-Mer)

Property Type ? Residential property with 3 or less dwelling units

(check all that apply) ? Residential property with 4 or more dwelling units

? Farm land

? Non-residential property

? Machinery and equipment

Section 3 - Agent Information

Note: Agent means a person or company who for a fee or potential fee acts for an assessed person or

taxpayer during the assessment complaint process or at a hearing before an assessment review board

or the Municipal Government Board.

Agent Name

Contact Name (if different) and Position Held

Mailing Address (if different from above) City/Town Province Postal Code

Telephone number (include area code)

Fax Number (include area code)

Email Address

Section 4 - Acknowledgment and Certification

By signing below, I acknowledge and certify that:

1 I am the assessed person or taxpayer identified in

section 1, or a legally authorized

officer of the assessed person or taxpayer.

2 To initiate the processing of this agent authorization, I am attaching this agent

authorization form to

(

a) the complaint form if the agent is authorized to file the complaint on my behalf, or

(

b) a letter, signed by me on my personal or company letterhead, and the letter is

submitted to the municipality's assessment review board clerk or to the Municipal

Government Board administrator, as the case may be, before the hearing of the

complaint.

3 I provide authority to the agent, as identified in

section 3, to represent the assessed

person or taxpayer, identified in

section 1, to

(

a) file a complaint on behalf of the assessed person or taxpayer for the property

described on this form,

(

b) discuss the issues or matters of the complaint with the municipality's assessor (or

the assessor designated by the Minister, in the case of linear property),

(

c) prepare and submit disclosure regarding the complaint,

(

d) represent the assessed person or taxpayer at hearings before the assessment review

board (or before the Municipal Government Board, in the case of linear property),

(

e) reach an agreement with the assessor to correct a matter under complaint, and

(

f) withdraw the complaint at any time.

4 I understand that the assessed person or taxpayer continues to be subject to all

provisions required by the Municipal Government Act and its attendant regulations, and

any authorization of agency is not a substitute for any of those provisions.

5 I understand that this document does not act as an authorization of agency for the

purposes of

section 299 or 300 of the Municipal Government Act.

6 I understand that the assessed person or taxpayer is liable for any costs awarded against

the agent by an assessment review board (or by the Municipal Government Board, in the

case of linear property) or for any change in assessment that may result from a hearing.

7 I understand that this authorization is only applicable to the tax year entered on this

form.

8 The agent has disclosed the qualifications, professional designations, certifications or

affiliations of the agent, if any, with respect to property assessment or appraisal.

9 I may revoke authorization at any time in writing to the assessment review board clerk

or the Municipal Government Board administrator.

Signature of the Assessed Person or Taxpayer

Printed name of signatory person and title Date (mm/dd/yyyy)

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

Alberta Regulation 311/2009

Income and Employment Supports Act

TRAINING PROVIDER AMENDMENT REGULATION

Filed: November 26, 2009

For information only: Made by the Minister of Employment and Immigration

(M.O. 70/2009) on November 23, 2009 pursuant to

section 26 of the Income and

Employment Supports Act.

1 The Training Provider Regulation (AR 384/2003) is

amended by this Regulation.

Section 1(1)(

h) is repealed and the following is

substituted:

(h) "learner start date" means the first day of the academic term

of the approved training program in which the full-time

learner is enrolled;

Section 4(1)(

b) is amended

(

a) by striking out "Grants, Donations and Loans Regulation

(AR 315/83)" and substituting "Employment and

Immigration Grant Regulation (AR 94/2009)";

(

b) by striking out "Grants, Donations and Loans Regulation"

and substituting "Employment and Immigration Grant

Regulation".

Section 7 is repealed and the following is substituted:

Acceptable attendance

7(1) A full-time learner meets the requirements for acceptable

attendance if the learner meets the requirements determined by the

Minister.

(2) An absence from class of more than 3 consecutive weeks will

not be considered acceptable attendance.

(3) A director may waive the application of subsection (2) in

extenuating circumstances beyond the control of the learner.

5 This Regulation comes into force on January 4, 2010.

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

Alberta Regulation 312/2009

Municipal Government Act

CAPITAL REGION ASSESSMENT SERVICES COMMISSION

AMENDMENT REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 566/2009)

on November 25, 2009 pursuant to

section 602.02 of the Municipal Government Act.

1 The Capital Region Assessment Services Commission

Regulation (AR 77/96) is amended by this Regulation.

2 The

Schedule is amended

(

a) by adding the following after clause (d):

(d.1) Summer Village of Golden Days

(

b) by repealing clause (g).

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

Alberta Regulation 313/2009

Municipal Government Act

HIGHWAY 3 REGIONAL WATER SERVICES COMMISSION REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 567/2009)

on November 25, 2009 pursuant to

section 602.02 of the Municipal Government Act.

1 Definition

2 Establishment

3 Member municipalities

4 Services

5 Operating deficits

6 Sale of property

7 Profit and surpluses

8 Approval

9 Transfer of assets

10 Assumption of debts, etc.

Schedule

Definition

1 In this Regulation, "member municipality" means a municipality

referred to in

section 3.

Establishment

2 A regional services commission known as the Highway 3 Regional

Water Services Commission is established.

Member municipalities

3 The following municipalities are members of the Commission:

(

a) Municipal District of Taber;

(

b) The County of Forty Mile No. 8;

(

c) Town of Bow Island.

Services

4 The Commission is authorized to provide water treatment and

transmission services.

Operating deficits

5 The Commission may not assume operating deficits that are shown

on the books of any of the member municipalities.

Sale of property

6(1) The Commission may not, without the approval of the Minister,

sell any of its land, buildings, equipment or inventory whose purchase

has been funded wholly or partly by grants from the Government of

Alberta.

(2) The Minister may not approve a sale under subsection (1) unless

the Minister is satisfied

(

a) as to the repayment of the grants from the Government of

Alberta and outstanding debt associated with that portion of

the land, buildings, equipment or inventory to be sold,

(

b) that the sale will not have a significant adverse effect on the

services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surpluses

7 Unless otherwise approved by the Minister, the Commission may

not

(

a) operate for the purposes of making a profit, or

(

b) distribute any of its surpluses to its member municipalities.

Approval

8 The Minister may make an approval under

section 6 or 7 subject to

any terms or conditions the Minister considers appropriate.

Transfer of assets

9 The member municipalities shall execute all documents and do all

things necessary to transfer to the Commission the land, buildings and

other property listed in the Schedule.

Assumption of debts, etc.

10 All debts and liabilities, all titles, easements, and rights of way

and crossing and all service, construction and consulting agreements

incurred, held or entered into by any of the member municipalities

with respect to the applicable land, buildings and other property listed

in the

Schedule are assumed by the Commission, and the Commission

shall enter into any agreements, execute any documents and do any

other things that are necessary to assume those debts, liabilities, titles,

easements, rights of way and crossing and agreements.

Schedule

1 Town of Bow Island Water Treatment Plant and the land legally

described as follows:

Plan 7510104

Block B, containing 0.441 ha (1.09 ac) more or less, excepting thereout

subdivision plan 0711429 containing 0.220 ha (0.54 ac) more or less

Excepting thereout all mines and minerals

2 Town of Bow Island Raw Water Reservoir and the land legally

described as follows:

Plan 8210567

Block 1

Lot 1

Excepting thereout all mines and minerals

3 Town of Bow Island Water Distribution Plant and the land legally

described as follows:

Plan 8111818

Block 5

Lot 55

Excepting thereout all mines and minerals

4 Main waterline between the Town of Bow Island Water

Distribution Plant and the Hamlet of Grassy Lake

5 Branch waterline between the main waterline referred to in

section

4 of this

Schedule and the Hamlet of Burdett

6 Raw water pipeline between the Town of Bow Island Raw Water

Reservoir and the Town of Bow Island Water Treatment Plant

7 Raw water pipeline between the St. Mary Irrigation District Lateral

20 pipeline and the Town of Bow Island Water Treatment Plant

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

Alberta Regulation 314/2009

Municipal Government Act

AQUATERA UTILITIES INC. REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 568/2009)

on November 25, 2009 pursuant to

section 603 of the Municipal Government Act.

Definitions

2 Application of Act

3 Exemption from Public Utilities Act

4 Dispute resolution

5 Provision of extra-provincial services

6 Expiry

Definitions

1 In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "public utility" means a system or works used to provide the

following for public consumption, benefit, convenience or

use:

(

i) water or steam;

(ii) sewage disposal;

(iii) electric power;

(iv) heat;

(

v) solid waste management.

Application of Act

2(1) Subject to subsection (2), sections 43 to 47 of the Act apply in

respect of a utility service provided by Aquatera Utilities Inc.

(2) Section 45(3)(

b) of the Act does not apply in respect of a public

utility owned or operated by Aquatera Utilities Inc.

Exemption from Public Utilities Act

Part 2 of the Public Utilities Act does not apply in respect of a

public utility that

(

a) is owned or operated by Aquatera Utilities Inc., and

(

b) provides a utility service within the boundaries of a

municipality that is a shareholder of Aquatera Utilities Inc.

Dispute resolution

4 If there is a dispute between a regional services commission and

Aquatera Utilities Inc. with respect to

(

a) rates, tolls or charges for a service that is a public utility,

(

b) compensation for the acquisition by the commission of

facilities used to provide a service that is a public utility, or

(

c) the commission's use of any road, square, bridge, subway or

watercourse to provide a service that is a public utility,

any party involved in the dispute may submit it to the Alberta Utilities

Commission, and the Alberta Utilities Commission may issue an order

considers appropriate.

Provision of extra-provincial services

5 Aquatera Utilities Inc. shall not provide any utility services outside

of Alberta without the prior written approval of the Minister.

Expiry

6 This Regulation is made under

section 603(1) of the Act and is

subject to repeal under

section 603(2) of the Act.

Alberta Regulation 315/2009

Municipal Government Act

EQUALIZED ASSESSMENT VARIANCE REGULATION, 2010

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 569/2009)

on November 25, 2009 pursuant to

section 603 of the Municipal Government Act.

1 Definition

2 Variations of equalized assessment

3 Prohibition of appeal

4 Repeal

5 Coming into force

Definition

1 In this Regulation, "Act" means the Municipal Government Act.

Variations of equalized assessment

2 In any year, the Minister may, by order, vary the equalized

assessment prepared for a municipality under

Part 9, Division 5 of the

Act for the purposes of school requisitions required by and under

sections 164 and 174 of the School Act.

Prohibition of appeal

3 Where the Minister varies an equalized assessment under

section 2,

the Municipal Government Board has no jurisdiction under

section

488(1) of the Act to hear an appeal relating to the varied equalized

assessment.

Repeal

4 This Regulation, being made under

section 603(1) of the Act, will

be repealed by and as provided for in

section 603(2) of the Act.

Coming into force

5 This Regulation comes into force on December 31, 2009.

Alberta Regulation 316/2009

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN (ADDITIONAL

EMPLOYERS, 2009) AMENDMENT REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 572/2009)

on November 25, 2009 pursuant to

Schedule 1,

section 4 of the Public Sector Pension

Plans Act.

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

in their appropriate alphabetical order:

Aspen Regional Water Services Commission

M.D. of St. Paul Foundation

Newell Regional Services Corporation

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

Alberta Regulation 317/2009

Public Sector Pension Plans Act

MEPP AND PSPP (ALBERTA LIVESTOCK AND MEAT AGENCY)

AMENDMENT REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 573/2009)

on November 25, 2009 pursuant to

Schedule 2,

section 4 and

Schedule 5,

section 4 of

the Public Sector Pension Plans Act.

Part 1

Management Employees

Pension Plan

1 The Management Employees Pension Plan (AR 367/93) is

amended by this Part.

Schedule 2 is amended in

Part 2 by adding the following

after clause (c):

(c.1) Alberta Livestock and Meat Agency Ltd.,

Part 2

Public Service Pension Plan

3 The Public Service Pension Plan (AR 368/93) is amended

by this Part.

Schedule 2 is amended in

Part 2 by adding the following

after item 11:

11.1 Alberta Livestock and Meat Agency Ltd.,

Part 3

General

5 This Regulation is deemed to have come into force on

September 1, 2009.

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

Alberta Regulation 318/2009

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)

(CLOSED MANAGEMENT PLAN, 2009) AMENDMENT REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 574/2009)

on November 25, 2009 pursuant to

Schedule 6,

section 12 of the Public Sector

Pension Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions)

Regulation (AR 365/93) is amended by this Regulation.

Section 21(1)(

l) is amended by striking out ", or a spouse or

former spouse in the case of the Closed Management Plan," and

substituting "(within the meaning of the rules of the Closed

Management Plan (as affected by

section 2(3) of

Schedule 6) in the

case of that Plan)".

Schedule 6 is amended by adding the following after

section 1:

Spousal and pension partner references

2(1) In this section,

(a) "Act" means the Public Service Management Pension Plan

Act, SA 1984 cP-34.1 (repealed),

(b) "legislation" means the Act, the Principal Regulation and the

Ministerial Regulation,

Management Pension Plan (Ministerial) Regulation

(AR 312/85) (repealed), and

(d) "Principal Regulation" means the Public Service

Management Pension Plan Regulation (AR 311/85)

(repealed),

as those enactments had been saved and were applicable to the Plan

before and as at the end of January 22, 2002.

(2) The legislation is to be treated as having been changed, applying

this section.

(3) The whole of the legislation is to be treated as changed by

deleting "spouse", " "spouse" ", "Spouse", "SPOUSE'S",

"Spouse's" and "Spousal" and further grammatical variants of any of

them, if any, wherever they occur in the legislation and replacing

those terms with "pension partner", " "pension partner" ", "Pension

Partner", "PENSION PARTNER'S", "Pension Partner's" and

"Pension partner" and the appropriate grammatical variants,

respectively.

(4) Section 1(1)(s)(ii) of the Act is to be treated as changed by

deleting "of the opposite sex".

(5) Section 34 of the Act is to be treated as changed by inserting

"and to the extent applicable" after "section 42".

4(1) Subject to subsection (2), this Regulation is deemed to

have come into force on January 23, 2002.

(2) Section 2 is deemed to have come into force on June

24, 2003.

Alberta Regulation 319/2009

Workers' Compensation Act

MEDICAL PANELS AMENDMENT REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 575/2009)

on November 25, 2009 pursuant to

section 46.1 of the Workers' Compensation Act.

1 The Medical Panels Regulation (AR 290/2006) is

amended by this Regulation.

2 The following is added after

section 12:

Immunity

12.1 No action may be maintained or brought against the panels

commissioner or an employee of the panels commissioner in respect

of any act or decision done or made in the honest belief that it was

within the panel commissioner's jurisdiction.

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

Alberta Regulation 320/2009

Dairy Industry Act

DAIRY INDUSTRY AMENDMENT REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 576/2009)

on November 25, 2009 pursuant to

section 39 of the Dairy Industry Act.

1 The Dairy Industry Regulation (AR 139/99) is amended

by this Regulation.

Section 82 is amended by striking out "January 31, 2010"

and substituting "January 31, 2015".

Alberta Regulation 321/2009

Fur Farms Act

FUR FARMS AMENDMENT REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 578/2009)

on November 25, 2009 pursuant to

section 18 of the Fur Farms Act.

1 The Fur Farms Regulation (AR 299/96) is amended by

this Regulation.

Section 4 is amended by striking out "March 31, 2010" and

substituting "March 31, 2015".

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

Alberta Regulation 322/2009

Youth Criminal Justice Act (Canada)

Youth Justice Act (Alberta)

YOUTH JUSTICE DESIGNATION REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 585/2009)

on November 25, 2009 pursuant to

section 35 of the Youth Justice Act and sections

18, 19, 53, 85 and 88 of the Youth Criminal Justice Act (Canada).

Definitions

2 Provincial directors

3 Youth workers

4 Youth custody

5 Temporary detention, secure custody and open custody

6 Temporary detention and secure custody

7 One level of custody

8 Youth Justice Committees

9 Rules for conferences

10 Fine surcharge

11 Repeal

12 Expiry

13 Coming into force

Definitions

1 In this Regulation,

(a) "federal Act" means the Youth Criminal Justice Act

(Canada);

(b) "provincial Act" means the Youth Justice Act.

Provincial directors

2 For the purposes of the provincial Act and the federal Act, the

following are designated as provincial directors:

(

a) an employee, under the administration of the Solicitor

General and Minister of Public Security, who holds a

position with a title as follows:

(

i) Assistant Deputy Minister, Correctional Services;

(ii) Executive Director, Young Offender Branch;

(iii) Director, Partnerships and Community Programs;

(iv) Director, Temporary Absence Program;

(

v) Centre Director;

(vi) Chief Probation Officer;

(vii) Assistant Chief Probation Officer;

(viii) Community Corrections Manager;

(ix) Deputy Director, Edmonton Young Offender Centre;

(

x) Deputy Director, Calgary Young Offender Centre;

(

b) an employee of the City of Calgary, Community and

Neighbourhood Services, who holds a position with a title as

follows:

(

i) Director, Community and Neighbourhood Services;

(ii) Manager, Children and Youth Services Division;

(iii) Supervisor, Children and Youth Services Division;

(

c) a director at a place of custody of a private agency that is

under contract with the Solicitor General and Minister of

Public Security to provide place of custody services.

Youth workers

3 For the purposes of the provincial Act and the federal Act, the

following are designated as youth workers:

(

a) an employee, under the administration of the Solicitor

General, who holds a position in the Correctional Services

Division of the Department of Solicitor General and Public

Security with a classification as follows:

(

i) Correctional Peace Officer I, II or III;

(ii) Correctional Services Worker I, II or III;

(iii) Human Service Worker IV;

(iv) Manager I or II;

(

v) Senior Manager I or II;

(vi) Psychologist I or II;

(vii) Nurse I, II or III;

(

b) a staff member of a place of custody that is designated as a

place of open custody;

(

c) a probation officer in the Community and Neighbourhood

Services, Children and Youth Services Division, City of

Calgary;

(

d) a health practitioner employed or retained by a regional

health authority to provide a health service to inmates in a

place of custody designated as a place of temporary

detention, secure custody or open custody.

Youth custody

4(1) The following are the levels of custody in Alberta:

(

a) secure custody, which provides secure containment or

restraint of a young person and which provides a young

person only restricted community access under the direct and

constant supervision of a youth worker or a peace officer;

(

b) open custody, which provides some containment or restraint

of a young person and which provides community access that

may be under the supervision of a youth worker or a peace

officer.

(2) In Alberta, pursuant to

section 88 of the Youth Criminal Justice

Act (Canada), the power to make determinations of the level of custody

for young persons and to review those determinations must be

exercised in accordance with the Young Offenders Act (Canada),

Chapter Y-1 of the Revised Statutes of Canada, 1985.

Temporary detention, secure custody and open custody

5 The following are places of custody designated as places of

temporary detention, secure custody and open custody:

(

a) Edmonton Young Offender Centre, Edmonton, Alberta;

(

b) Calgary Young Offender Centre, Calgary, Alberta;

(

c) Young Offender Forensic Unit, Alberta Hospital, Edmonton,

Alberta.

Temporary detention and secure custody

6 Any area of a police holding cell or holding room

(

a) that is operated by a police service as defined in the Police

Act, and

(

b) in which no adult prisoner is located

is designated as a place of temporary detention and secure custody.

One level of custody

7 Pursuant to

section 85(2)(

a) of the federal Act, the Solicitor General

and Minister of Public Security shall designate youth custody facilities

with only one level of custody.

Youth Justice Committees

8 Pursuant to

section 18 of the federal Act, the Solicitor General and

Minister of Public Security is designated to establish one or more

committees of citizens to be known as Youth Justice Committees.

Rules for conferences

9 Pursuant to

section 19(3) of the federal Act, the Solicitor General

and Minister of Public Security is designated to establish rules for the

convening and conducting of conferences other than conferences

convened or caused to be convened by a youth justice court or a justice

of the peace.

Fine surcharge

10(1) Pursuant to

section 53(1) of the federal Act, the percentage of a

fine to provide assistance to victims of offences is 15%.

(2) The amount of a fine collected under subsection (1) may be used

to provide assistance in accordance with the Victims of Crime Act.

Repeal

11 The Youth Justice Designation Regulation (AR 69/2003) is

repealed.

Expiry

12 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 March 31, 2017.

Coming into force

13(1)

Section 3(

d) comes into force on April 1, 2010 and on the

coming into force of

section 3(d),

section 3(a)(vi) and (vii) are

repealed.

(2) Subject to subsection (1), this Regulation comes into force on

November 26, 2009.

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

Alberta Regulation 323/2009

Judgment Interest Act

JUDGMENT INTEREST AMENDMENT REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 588/2009)

on November 25, 2009 pursuant to

section 4 of the Judgment Interest Act.

1 The Judgment Interest Regulation (AR 364/84) is

amended by this Regulation.

2 The following is added after

section 25:

26 The interest rate from January 1, 2010 to December 31, 2010

is prescribed at 0.825% per year.

Alberta Regulation 324/2009

Maintenance Enforcement Act

MAINTENANCE ENFORCEMENT AMENDMENT REGULATION

Filed: November 26, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 589/2009)

on November 25, 2009 pursuant to

section 45 of the Maintenance Enforcement Act.

1 The Maintenance Enforcement Regulation (AR 2/86) is

amended by repealing

section 21(1) and substituting the

following:

Notice of licence suspension

21(1) Subject to subsection (2), the Director must serve notice on

a debtor at least 21 days before giving notice to the Registrar under

section 22(3) of the Act to suspend any operator's licence issued to

the debtor.

2 This Regulation comes into force on the coming into

force of

section 8 of the Traffic Safety Amendment Act,

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

Alberta Regulation 325/2009

Agricultural Pests Act

PEST AND NUISANCE CONTROL AMENDMENT REGULATION

Filed: November 27, 2009

For information only: Made by the Minister of Agriculture and Rural Development

(M.O. 27/2009) on November 23, 2009 pursuant to

section 2(2) of the Agricultural

Pests Act.

1 The Pest and Nuisance Control Regulation (AR 184/2001)

is amended by this Regulation.

Section 3 is amended by renumbering it as

section 3(1)

and adding the following after subsection (1):

(2) A horse (Equus caballus) is declared to be a nuisance where it

is at large in any of the following wildlife management units, as

described in

Schedule 9 to the Wildlife Regulation (AR 143/97):

Wolf River Wildlife Management Unit (340);

McLeod River Wildlife Management Unit (342);

Wildhay Wildlife Management Unit (344);

Shiningbank Wildlife Management Unit (346);

Coalspur Wildlife Management Unit (438);

Solomon Wildlife Management Unit (439);

Adams Creek Wildlife Management Unit (440).

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

Alberta Regulation 326/2009

Highways Development and Protection Act

HIGHWAYS DEVELOPMENT AND PROTECTION REGULATION

Filed: November 27, 2009

For information only: Made by the Minister of Transportation (M.O. 22/09) on

November 16, 2009 pursuant to sections 13 and 61 of the Highways Development and

Protection Act.

Definitions

2 Other approvals unaffected

3 Classes of provincial highways

4 Permit required for development, display of equipment

5 Special requirements for prescribed freeway developments

6 Funding assistance

7 Permit required for utility lines, vegetation

8 Application for permit

9 Considerations

10 Removal of freeway access

11 Permit required for signs

12 Application for permit

13 Considerations

14 Flashing or rotating lights prohibited

15 Prohibited signs

16 Permit re physical means of access

17 Application for permit re physical means of access

18 Considerations

19 Temporary physical means of access to freeway

20 Considerations

21 Term of temporary physical means of access

22 Cancellation of temporary physical means of access

23 Permit for recommencement of commercial use

24 Changes to permits

25 Exemption power

Section 18 notice

Section 50 consent

28 Consent re

section 5 highways

29 Exemption from consent requirement

30 Irrigation bridge structures

31 Leasing of unused and closed highways

32 Granting of lease

33 City transportation systems

34 Use of provincially funded highways

35 Offences

36 Administrative penalties

37 Cancellation of endorsement under City Transportation Act

38 Repeals

39 Expiry

40 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Highways Development and Protection Act;

(b) "designated access location" means a location on a freeway

that is designated in an order under

section 4(2) of the Act;

(

i) the placing, construction or erection of a building,

structure, fixture, road (other than a physical means of

access), airstrip, well, dugout, excavation or other

undertaking, installation or object, whether it is on,

above or below ground,

(ii) the enlargement, extension, replacement, renovation or

repair of a development referred to in subclause (i), and

(iii) a change to the original purpose or use of a

development referred to in subclause (

i) on the parcel of

land containing the development that may cause an

intensification of the type or volume of vehicles that

may

(

A) enter onto the provincial highway from that parcel,

(

B) exit from the provincial highway onto that parcel;

(d) "display of equipment" or "display equipment" means the

display of a motor vehicle, trailer, machinery or other thing,

whether for purposes of storage, wrecking, advertising or

sale;

(e) "municipality" means an urban municipality or a rural

municipality;

(f) "parcel of land" means a parcel of land within the meaning of

Part 17 of the Municipal Government Act;

(g) "physical means of access" means

(

i) the roadway portion of a highway, road or street that is

under the direction, control and management of a

municipality and provides vehicle access to a provincial

highway, and

(ii) any other means of access that provides vehicle access

between a parcel of land and a provincial highway;

(h) "sign" means any device that is used for conveying

information and is affixed to the ground or is attached to or

painted on a building, structure or fixture that is affixed to the

ground;

(i) "utility line" means

(

i) an electric transmission line,

(ii) an electric distribution line,

(iii) a pipeline other than a pipeline to which the Pipeline

Act applies, and

(iv) a drainage ditch, irrigation canal or ditch;

(j) "vegetation" means a tree, hedge or shrub;

(k) "well" means a well within the meaning of the Oil and Gas

Conservation Act and a water well within the meaning of the

Water Act.

Other approvals unaffected

2 Nothing in this Regulation shall be construed as eliminating the

need to acquire any approval, consent or other authorization that is

required under any federal, provincial or municipal enactment,

regulation or bylaw or under any agreement.

Classes of provincial highways

3(1) The following classes of provincial highways, as shown in the

Roadside Management Classification Map as amended from time to

time and published on the website of the Minister's Department, are

established:

(

a) freeways;

(

b) multi-lane provincial highways that are not freeways;

(

c) major provincial highways;

(

d) minor provincial highways.

(2) Any change in the classification of a highway under subsection

(1) comes into force on

(

a) the effective date of the change as specified in the

amendment to the Roadside Management Classification Map

that is published on the website, or

(

b) if no effective date is specified as set out in clause (a), the

date on which the amendment to the Roadside Management

Classification Map is published on the website.

(3) In addition to being classified under subsection (1), a provincial

highway may be identified on the Roadside Management

Classification Map by a name or route number, or both.

Permit required for development, display of equipment

4(1) No person shall, without a permit, commence a development or

display equipment or cause a development to be commenced or

equipment to be displayed,

(

a) in the case of a freeway,

(

i) within the right of way or within 300 metres beyond the

limit of the freeway, or

(ii) within 800 metres from the centre point of the

intersection of the freeway and another highway,

(

b) in the case of a multi-lane provincial highway other than a

freeway,

(

i) within the right of way or within 300 metres beyond the

limit of the highway, or

(ii) within 800 metres from the centre point of the

intersection of the highway and another highway,

(

c) in the case of a major provincial highway,

(

i) within the right of way or within 300 metres beyond the

limit of the highway, or

(ii) within 800 metres from the centre point of the

intersection of the highway and another highway,

(

d) in the case of a minor provincial highway,

(

i) within the right of way or within 150 metres beyond the

limit of the highway, or

(ii) within 400 metres from the centre point of the

intersection of the highway and another highway that is

not a freeway, a multi-lane provincial highway or a

major provincial highway.

(2) Subsection (1) does not apply to a wire fence that is located or to

be located outside the right of way of the highway.

Special requirements for prescribed freeway developments

5(1) In this section, "prescribed freeway development" means a

development described in clause (a), (

b) or (

c) that is or is to be located

within the distances from a freeway set out in

section 4(1)(a):

(

a) the placing, construction or erection of a building, structure

or fixture for industrial purposes, commercial purposes,

institutional purposes, recreational purposes, multi-residential

purposes or country residential purposes;

(

b) the enlargement, extension, replacement, renovation or repair

of a development referred to in clause (a);

(

c) a change to the original purpose or use of a development

referred to in clause (

a) on the parcel of land containing the

development that may cause an intensification of the type or

volume of vehicles that may

(

i) enter onto the freeway from that parcel, or

(ii) exit from the freeway onto that parcel.

(2) For the purposes of subsection (1),

(

a) a development is for multi-residential purposes if it consists

of or includes 3 or more single-family residences on a parcel

of land, whether or not the residences are located in one or

more buildings, and

(

b) a development is for country residential purposes if it is

developed for country residential purposes within the

meaning of the land use bylaw of the relevant municipality,

or for purposes that the Minister considers to be similar in

nature to such purposes.

(3) The Minister shall not issue a permit under

section 4 in respect of a

prescribed freeway development unless

(

a) the municipality in which the development is located or

proposed submits to the Minister a plan that sets out a system

of local roads that will provide an adequate physical means

of access from the parcel of land on which the development

is located to the nearest designated access locations on the

freeway in both directions from the development,

(

b) the Minister approves the plan referred to in clause (a), and

(

c) the municipality in which the development is located or

proposed agrees to remove, within the time and in the

manner prescribed by the Minister,

(

i) any existing roadways specified by the Minister that

provide physical means of access from the parcel of

land on which the development is located to the

freeway, and

(ii) any other roadways that are located between the

accesses referred to in clause (

a) and provide physical

means of access to the freeway.

Funding assistance

6 Where, under the Municipal Government Act, a municipality

approves a change in land use designation, a subdivision or a

development in respect of a prescribed freeway development to which

section 5(3) applies, the Minister may, on application, provide funding

to the municipality to assist in the cost of either or both of the

following:

(

a) constructing the system of local roads referred to in

section

5(3)(a);

(

b) removing roadways referred to in

section 5(3)(c).

Permit required for utility lines, vegetation

7(1) In this section, "construct", in respect of a utility line, includes

(

a) the enlargement, extension, replacement, renovation or repair

of the utility line, and

(

b) any change in the original purpose or use of the utility line or

the parcel of land on which it is located that may cause an

intensification of the type or volume of vehicles that may

enter onto the provincial highway from that parcel or exit

from the provincial highway onto that parcel.

(2) No person shall, without a permit,

(

a) place vegetation or cause vegetation to be placed, or

(

b) construct a utility line or cause a utility line to be constructed

within a permit area described in subsection (3).

(3) The permit areas for the purposes of subsection (2) are as follows:

(

a) in the case of a freeway,

(

i) within the right of way, and

(ii) within 115 metres from the centre line of the roadway

or 30 metres beyond the limit of the freeway, whichever

is greater;

(

b) in the case of a multi-lane provincial highway other than a

freeway,

(

i) within the right of way, and

(ii) within 60 metres from the centre line of the roadway or

30 metres beyond the limit of the highway, whichever is

greater;

(

c) in the case of a major provincial highway,

(

i) within the right of way, and

(ii) within 60 metres from the centre line of the roadway or

30 metres beyond the limit of the highway, whichever is

greater;

(

d) in the case of a minor provincial highway,

(

i) within the right of way, and

(ii) within 50 metres from the centre line of the roadway or

30 metres beyond the limit of the highway, whichever is

greater.

Application for permit

8(1) In this

section and

section 9, "proposal" means the proposed

development, display of equipment, placement of vegetation or

construction of a utility line to which an application for a permit

relates.

(2) An application for a permit that is required under

section 4 or 7

must be made to the Minister and must be in a form acceptable to and

contain the information required by the Minister.

(3) Without restricting the generality of subsection (2), the Minister

may require an applicant for a permit to provide any or all of the

following information, as applicable:

(

a) any maps, plans, designs and specifications relating to the

proposal;

(

b) the location, use and dimensions of the development, display

of equipment, vegetation or utility line that is the subject of

the proposal;

(

c) the type of vegetation that is the subject of the proposal;

(

d) the location and design of the existing physical means of

access, if any, to the provincial highway affected by the

proposal, and the volume and type of vehicle traffic using the

physical means of access;

(

e) the location and design of any new physical means of access

to the provincial highway affected by the proposal that will

be required, and the expected volume and type of vehicle

traffic that will be using the new physical means of access;

(

f) the anticipated type and intensity of vehicle traffic that may

be generated during the carrying out of the proposal, and the

plan to accommodate the anticipated traffic;

(

g) an engineering study pertaining to the topography, soil

condition, highway geometrics, traffic and related

information relevant to the proposal;

(

h) the location, direction, nature and intensity of any light that

will be emitted from the proposal;

(

i) if the applicant has made an application for approval of the

proposal to the appropriate municipality, a copy of that

application and the decision of the municipality, if the

decision is available;

(

j) if the applicant has not made an application referred to in

clause (i), an indication as to when the application will be

made, or why an application will not be made;

(

k) if the proposed development, display of equipment or utility

line is temporary in nature,

(

i) the proposed dates for the commencement and the

termination of the development, display of equipment or

utility line, and

(ii) the proposed site restoration plan;

(

l) any other information the Minister considers to be relevant.

Considerations

9 In determining whether to issue a permit under

section 4 or 7, the

Minister may consider any or all of the following, as applicable:

(

a) the classification of the provincial highway affected by the

proposal;

(

b) the posted speed limit, sightlines, highway geometrics,

current and projected traffic volumes of the provincial

highway affected by the proposal and the type of vehicles

using the provincial highway;

(

c) the type or volume of vehicle traffic to and from the

provincial highway affected by the proposal that will be

generated by the proposal, and the potential impact of such

traffic on the functional integrity and safety of the provincial

highway;

(

d) whether the location, dimension, site characteristics and

physical means of access implications of the proposal are

consistent with the planned future use of the provincial

highway;

(

e) whether the design and characteristics of the proposal could

create a visual obstruction or distraction to the motoring

public;

(

f) any other matters that the Minister considers to be relevant

for the assessment of the application.

Removal of freeway access

10(1) In this section, "interchange" means a bridge structure that

forms part of a freeway and is used to separate intersecting traffic

vertically and to provide a physical means of access to the freeway

from high speed directional merge ramps.

(2) All interchanges shall be constructed within 800 metres of the

location designated in an order under

section 4(2) of the Act.

(3) Where an interchange is constructed on a freeway at a designated

access location, the Minister shall, prior to opening the interchange to

traffic, remove any roadway that provides a physical means of access

to the freeway and is located within 4 kilometres from the centre point

of the interchange.

Permit required for signs

11(1) No person shall, without a permit under this section, place a

sign or cause a sign to be placed, or enlarge, extend, replace, renovate

or repair a sign,

(

a) in the case of a freeway,

(

i) within the right of way or within 300 metres beyond the

limit of the freeway, or

(ii) within 800 metres from the centre point of the

intersection of the freeway and another highway,

(

b) in the case of a multi-lane provincial highway other than a

freeway,

(

i) within the right of way or within 300 metres beyond the

limit of the highway, or

(ii) within 800 metres from the centre point of the

intersection of the highway and another highway,

(

c) in the case of a major provincial highway,

(

i) within the right of way or within 300 metres beyond the

limit of the highway, or

(ii) within 800 metres from the centre point of the

intersection of the highway and another highway,

(

d) in the case of a minor provincial highway, within the right of

way of the highway.

(2) Subsection (1) does not apply to a sign if

(

a) the purpose of the sign is to identify a business activity that is

located on the parcel of land on which the sign is located,

(

b) a permit has been issued under this Regulation in respect of

the business activity to which the sign relates, and

(

c) the sign is located

(

i) not closer to the highway than the building that is on the

parcel and in which the primary business activity is

being or will be carried on, and

(ii) not farther than 30 metres from either side of the

building referred to in subclause (i).

Application for permit

12(1) An application for a permit required under

section 11 must be

made to the Minister and must be in a form acceptable to and contain

the information required by the Minister.

(2) Section 8(3)(a), (b), (d), (e), (f), (h), (i), (j), (

k) and (

l) apply, with

necessary modifications, to an application under subsection (1).

(3) In addition to the requirements of subsections (1) and (2), the

Minister may require an applicant for a permit under

section 11 to

provide any or all of the following information:

(

a) the information that will be displayed on the sign, including

words, graphics, pictures and symbols;

(

b) the materials that will be used to make the sign;

(

c) the colour of the sign;

(

d) the nature of the paint materials that will be used on the sign;

(

e) the nature of any illumination that will be used on the sign;

(

f) the size of the sign;

(

g) the materials, dimension and nature of the sign

superstructure;

(

h) a dimensional plan showing the location of the sign.

Considerations

Section 9(a), (b), (d), (

e) and (

f) apply, with necessary

modifications, for the purposes of the Minister's decision as to whether

to issue a permit under

section 11.

Flashing or rotating lights prohibited

14(1) No person shall display or permit to be displayed a flashing or

rotating light within the distances prescribed in

section 4.

(2) Subsection (1) does not prohibit the use of flashing or rotating

lights on a vehicle in accordance with any enactment of Alberta.

Prohibited signs

15 Notwithstanding anything in this Regulation, the Minister shall

not issue a permit under

section 11 in respect of a sign that

(

a) displays an intermittent flashing, rotating or moving light,

(

b) is flood-lighted in such a manner as to cause a visual

distraction for the motoring public,

(

c) has any moving or rotating part,

(

d) bears a legend giving a command to stop, stop ahead, look or

exercise caution, or gives a similar command, or

(

e) bears a legend that in any way imitates a standard or

commonly used highway traffic sign.

Permit re physical means of access

16 No person shall enlarge, extend or replace a physical means of

access referred to in

section 22(2)(

c) or 23(2)(

c) of the Act without a

permit.

Application for permit re physical means of access

17(1) An application for a permit required under

section 22(2)(

a) of

the Act or

section 16 of this Regulation must be made to the Minister

and must be in a form acceptable to and contain the information

required by the Minister.

(2) Section 8(3)(

a) and (

d) to (

l) apply, with necessary modifications,

to an application referred to in subsection (1).

Considerations

18 In determining whether to issue a permit required under

section

22(2)(

a) of the Act or

section 16 of this Regulation,

(

a) section 9 applies, with necessary modifications, and

(

b) in the case of a proposal for the construction or maintenance

of a physical means of access that enters or leaves a freeway,

the Minister may consider whether the physical means of

access

(

i) is at a designated access location, or

(ii) was in existence prior to the designation of the highway

as a freeway under

section 4 of the Act and has not

subsequently been removed by the Minister pursuant to

a former Act or

section 20 of the Act.

Temporary physical means of access to freeway

19(1) The Minister may grant to a person a temporary physical means

of access to a freeway designated under

section 4 of the Act.

(2) An application for a temporary physical means of access must be

made to the Minister and must be in a form acceptable to and contain

the information required by the Minister.

(3) Without restricting the generality of subsection (2),

section 8(3)(

a) and (

d) to (

l) apply in respect of an application for a temporary

physical means of access.

Considerations

20 In determining whether or not to grant a temporary physical

means of access under

section 19,

(

a) section 9 applies, with necessary modifications, and

(

b) the Minister may consider the duration of the proposed

temporary physical means of access and the time of the year

when the temporary physical means of access is proposed to

be operational.

Term of temporary physical means of access

21 A temporary physical means of access may be granted for an

initial term not exceeding 60 days and may be extended for one

additional period not exceeding 30 days.

Cancellation of temporary physical means of access

22 The Minister may cancel a temporary physical means of access

for any reason that the Minister considers appropriate.

Permit for recommencement of commercial use

23 In a case where

section 16 of the Act applies, the application for

the permit for the commercial purposes must be made and dealt with in

accordance with sections 8 and 9 of this Regulation.

Changes to permits

24 The Minister may, on application or on the Minister's own

under this Regulation.

Exemption power

Minister considers appropriate, exempt a development, display of

equipment, utility line, type of vegetation or sign from the requirement

of a permit under this Regulation.

(2) Subsection (1) does not apply to a permit referred to in

section 16

that is in respect of a physical means of access to a freeway designated

under

section 4 of the Act.

(3) An exemption referred to in subsection (1) may be granted

(

a) in respect of a particular location or more than one location,

(

b) in respect of a particular highway or a class or classes of

highways, and

(

c) in respect of a particular development, equipment, utility

line, type of vegetation or sign or a class of development,

equipment, utility line, vegetation or sign.

(4) A person to whom an exemption is granted shall comply with all

Section 18 notice

26(1) The Minister is not required to give a notice under

section 18(1)

of the Act where the thing that is the subject of

section 18(1) is located

in the right of way of the controlled highway.

(2) In a case where subsection (1) applies, the Minister may carry out

whatever work the Minister considers to be necessary and may recover

the cost of carrying out that work from the owner in an action in debt.

Section 50 consent

27(1) A person who wishes to obtain the Minister's consent with

respect to an activity referred to in

section 50 of the Act must apply to

the Minister.

(2) The application for consent must be in a form acceptable to and

contain the information required by the Minister.

(3) Section 8(3)(a), (

b) and (

f) to (

l) apply, with necessary

modifications, to the application.

(4) Section 9(b), (

e) and (

f) apply, with necessary modifications, for

the purposes of the Minister's decision as to whether to give the

consent.

that the Minister considers appropriate.

(6) A person to whom consent is given shall comply with all terms

and conditions imposed under subsection (5).

Consent re

section 5 highways

28(1) No person shall, without the prior consent of the Minister,

(

a) on a highway or road that is under the direction, control and

management of the Minister by reason of

section 5 of the

Act,

(

i) commence a development or display equipment or

cause a development to be commenced or equipment to

be displayed,

(ii) place vegetation or cause vegetation to be placed,

(iii) construct a utility line or cause a utility line to be

constructed within the meaning of

section 7(1), or

(iv) place a sign or cause a sign to be placed, or enlarge,

extend, replace, renovate or repair such a sign,

(

b) construct or maintain a physical means of access to a

highway or road referred to in clause (a).

(2) An application for consent must be in a form acceptable to and

contain the information required by the Minister.

(3) Sections 8(3) and 12(3) apply, with necessary modifications, to the

application.

(4) Sections 9 and 20(

b) apply, with necessary modifications, for the

purposes of the Minister's decision as to whether to give consent.

the Minister considers appropriate.

(6) A person to whom consent is given shall comply with all terms

and conditions imposed under subsection (5).

Exemption from consent requirement

Section 25(1) and (3) apply, with necessary modifications, in

respect of the requirement for consent under sections 27 and 28.

Irrigation bridge structures

30(1) In this section,

(a) "bridge structure" means

(

i) a structure having a hydraulic capacity equal to or

greater than that of a 1500 mm diameter corrugated

metal pipe, or

(ii) a corrugated metal pipe with a diameter of at least

1500 mm

and includes head slope protection and backfill of abutments,

in the case of a structure, and slope protection and backfill, in

the case of a corrugated metal pipe;

(b) "culvert" means a structure of lesser capacity than a bridge

structure;

constructed for the purpose of

(

i) carrying water for irrigation or domestic use, or

(ii) draining land that otherwise would not be drained by

natural means;

(d) "irrigation district" means an irrigation district within the

meaning of the Irrigation Districts Act.

(2) In determining under

section 46 of the Act who is to have

responsibility for

(

a) the construction of a bridge structure that is made necessary

(

i) the construction of a new highway, or

(ii) the construction of a new irrigation canal that intersects

a highway,

(

b) bridge structure work related to

(

i) the widening, raising or realignment of a highway of

which the bridge forms part, or

(ii) the deepening, widening or realignment of an irrigation

canal that intersects a highway,

the Minister shall give consideration to any factors the Minister

considers are relevant, including, without limitation, which highway

authority or irrigation district is initiating or undertaking the

construction, widening, raising, deepening or realignment, as the case

may be.

(3) After completion of the construction or work referred to in

subsection (2), the highway authority having direction, control and

management of the relevant highway is responsible for the ongoing

maintenance and reconstruction of the bridge structure.

(4) Where a bridge structure is being constructed, rehabilitated,

replaced, reconstructed or maintained by or under the direction of a

person other than the relevant highway authority, that person shall

comply with all reasonable requirements of the highway authority in

respect of standards and specifications for the bridge structure.

(5) Subsections (2) to (4) apply with all necessary modifications in

respect of construction of and work on a culvert that forms part of a

highway.

(6) Subsections (2), (3) and (5) are subject to any agreement that

provides otherwise.

(7) If there is a dispute between a highway authority and any other

person responsible for the construction, rehabilitation, replacement,

reconstruction or maintenance of a bridge structure or culvert in

respect of any matter under this section, the highway authority or

person may refer the dispute to the Minister, whose decision is final.

Leasing of unused and closed highways

31(1) In this

section and

section 32, "unused or closed highway"

means a highway or a portion of a highway referred to in

section 61(

b) of the Act that is under the direction, control and management of the

Minister.

(2) The Minister may lease an unused or closed highway for

agricultural purposes to an owner or occupier of land adjacent to the

highway.

Granting of lease

32(1) A person who wishes to obtain a lease under

section 31 shall

submit an application to the Minister in a form acceptable to and

containing the information required by the Minister.

(2) If the Minister considers that the unused or closed highway is

appropriate for leasing, the Minister may require the applicant to

publish in a form and manner specified by the Minister a notice that

(

a) describes the location of the unused or closed highway and

the proposed agricultural use, and

(

b) contains any other information specified by the Minister.

(3) The Minister may grant the lease if the Minister considers that it is

appropriate to do so, considering the comments and recommendations,

if any, that were received in respect of the notice.

(4) The term of a lease is one year and the Minister may renew the

lease for additional one-year periods.

the Minister considers appropriate.

City transportation systems

33(1) In this section, "project" means the studies, analysis, planning,

design, construction, physical elements or apparatus that form part of

or contribute to the development of a transportation facility for a

transportation system under

section 32 of the Act.

(2) In setting terms of reference governing the preparation of a

transportation study report for the pu

Document details

Collection	Alberta — Gazette
Citation	15 December 2009
Type	gazette
Volume / chapter	23 Dec15 Part2
Language	en
Format	html
Source	PROVINCIAL
Identifier	23f2175bc3b9a0de893a6ec5e1e652dba2de17a1

Source file is stored in the law ingest library (html).

Alberta Gazette — 15 December 2009 (Part II)

ENERGY MARKETING AMENDMENT REGULATION

Section 1 is amended

Definitions

section 22:

Part 4.1

Definitions

section 1(l)(

section 1(1)(

section 1(1)(

section 6(2), (3) or (4) of the Act;

section 2(2)(

section 22.3(1) or (3) is guilty

MATTERS RELATING TO ASSESSMENT COMPLAINTS REGULATION

Table of Contents

Definitions

Part 1

Division 1

Division 2

Division 3

Part 2

Division 1

Division 2

Part 3

Division 1

Part 1 applies

Division 2

Part 1 applies

Division 3

Part 2 applies

Part 4

Part 5

Part 6

Part 7

Coming into Force

Definitions

section 455 of the Act;

Part 11 or 12 of the

Schedule 1;

section 19.

Part 1

Schedule 1, and

Schedule 2 at the

section 481

Division 1

section 462 of the Act,

section 4.

section 294 or 295 of the Act but was not provided to

section 299 or 300 of the Act but was not provided

section 3(c).

section 468 of the Act, a local

section 4(2)(a), (

section 4(2)(a), (

Division 2

section 462 of the Act and to

section 8.

section 294 or 295 of the Act but was not provided to

section 299 or 300 of the Act but was not provided

section 7(d).

section 468 of the Act, a

section 8(2)(a), (

section 8(2)(a), (

Division 3

Schedule 2.

section 468 of the Act, a decision of an

section 13.

section 468 of the Act, if an

Part 2

section 19, and

Schedule 2 at the

section 491(1) of the Act, the form of

section 491(2) of the Act and,

section 492(1)

section 491(4) of the Act,

Division 1

section 494 of the Act and to

section 21.

section 292, 294 or 295 of the Act but was not provided

section 319 of the Act or required to be reported under the

section 20(c).