Alberta Gazette — 15 August 2018 (Part II)
15 August 2018
Alberta — Gazette
Alberta Regulation 151/2018
School Act
SUPERINTENDENT OF SCHOOLS AMENDMENT REGULATION
Filed: July 17, 2018
For information only: Made by the Minister of Education (M.O. 015/2018) on July
12, 2018 pursuant to
section 115 of the School Act.
1(1) The Superintendent of Schools Regulation (AR
94/2018) is amended by this Regulation.
(2) Schedule 2 is amended
(
a) by repealing
section 2 and substituting the
following:
Employer paid contributions to a pension
or retirement plan
2(1) An employer may offer, pay or provide to or for the benefit
of a superintendent, employer paid contributions to the Alberta
Teachers' Pension Plan, the Supplemental Integrated Pension
Plan or any other retirement plan or benefit.
(2) The employer's cost for all employer paid contributions
under subsection (1) must not be greater than the cost that would
be incurred if the superintendent were a participant in the
Management Employees Pension Plan (AR 367/93) and a
participant in the Supplementary Retirement Plan for Public
Service Managers under the Financial Administration Act.
(
b) by repealing
section 3 and substituting the
following:
Payment in lieu of retirement benefits
3(1) In lieu of a retirement benefit referred to in
section 2(1)
other than the Alberta Teachers' Pension Plan, an employer may
pay a superintendent an amount that does not exceed the
difference between the employer's cost for all employer paid
contributions to the Alberta Teachers' Pension Plan in respect of
the superintendent and the maximum amount of 14.36% of the
superintendent's base salary.
(2) For greater certainty, the employer may offer, pay or provide
retirement benefits other than the Alberta Teachers' Pension Plan
to or for the benefit of a superintendent under
section 2 or under
subsection (1), but not both.
Alberta Regulation 152/2018
Occupational Health and Safety Act
OCCUPATIONAL HEALTH AND SAFETY CODE (FARM AND RANCH)
AMENDMENT REGULATION
Filed: July 26, 2018
For information only: Made by the Minister of Labour (M.O. 2018-12) on June 27,
2018 pursuant to
section 86 of the Occupational Health and Safety Act. The
Ministerial Order is effective December 1, 2018.
1 The Occupational Health and Safety Code (AR 87/2009) is
amended by this Regulation.
Section 1.1 is repealed and the following is substituted:
Farming and ranching operations
1.1 In this Code, "farming and ranching operation" includes
(
a) the production of crops, including fruits and vegetables,
through the cultivation of land,
(
b) the raising and maintenance of animals or birds, or
(
c) the keeping of bees,
but does not include
(
d) the processing of food or other products from the operations
referred to in clauses (
a) through (c),
(
e) the operation of a greenhouse, mushroom farm, nursery or
sod farm,
(
f) landscaping, or
(
g) the raising or boarding of pets.
3 The following is added after
section 12:
Following specifications on a farm or ranch
12.1 In the case of a farming and ranching operation, a person who
is competent or a service provider who is competent in relation to the
specifications may provide written specifications for the purposes of
section 12(b), (
c) and (d), and that person is not required to certify
those specifications.
4 The following is added after
section 13(2):
13(3) In the case of a farming and ranching operation, a person who
is competent or a service provider who is competent in relation to the
specifications may, instead of providing the certification required by
subsections (1), (2)(
a) and (2)(b),
(
a) provide written modified specifications for the purposes of
subsection (1),
(
b) provide written procedures for the purposes of subsection
(2)(a), and
(
c) state in writing that equipment is safe to operate for the
purposes of subsection (2)(b).
5 The following is added after
section 62(1):
62(1.1) If it is not practicable for a farming and ranching operation
employer to comply with subsection (1)
(
a) the employer must ensure that the manufacturer's rated load
capacity of the lifting device is readily available at the work
site, and
(
b) workers must be trained to understand the significance of the
rated load capacity in the safe operation of the equipment.
6 The following is added after
section 121(2):
121(3) In the case of a farming and ranching operation, the
employer may perform a hazard assessment, as set out in
Part 2,
instead of complying with subsection (1)(
b) and (d).
7 The following is added after
section 122(3):
122(4) In the case of a farming and ranching operation, the
employer may perform a hazard assessment, as set out in
Part 2,
instead of complying with subsection (1), (2) or (3).
8 The following is added after
section 123(3):
123(4) In the case of a farming and ranching operation, the
employer may perform a hazard assessment, as set out in
Part 2,
instead of complying with subsection (1), (2) or (3).
9 The following is added after
section 130(6):
130(7) In the case of a farming and ranching operation, subsections
(1) through (6) must be complied with unless a person who is
competent or a service provider who is competent provides safe
work procedures for workers using fixed ladders.
10 The following is added after
section 159(1):
159(1.1) Subsection (1)(
b) does not apply to a farming and
ranching operation employer.
11 The following is added after
section 217(2):
217(3) In the case of a farming and ranching operation, subsection
(1) does not apply to alterations, renovations or repairs begun or
work processes or equipment introduced before December 1, 2018.
12 The following is added after
section 256(3):
256(4) Despite subsection (3)(
d) and (e), in the case of a farming
and ranching operation, the operator of powered mobile equipment
must
(
a) use the seat belts and other safety equipment, and
(
b) ensure that passengers use the seat belts and other safety
equipment,
in the powered mobile equipment only if it is reasonably practicable
to do so.
13 The following is added after
section 257:
Visual inspection on a farm or ranch
257.1 In the case of a farming and ranching operation,
section 257
does not apply unless there is a hazard identified that requires a
visual inspection to be performed as a hazard control.
14 The following is added after
section 260(5):
260(6) Subsection (2) does not apply to a farming and ranching
operation.
15 The following is added after
section 270(3):
270(4) This
section does not apply to a farming and ranching
operation.
Rollover protective structures on farm or ranch
270.1(1) In the case of a farming and ranching operation, the
employer must perform a hazard assessment relating to the potential
for the following types of powered mobile equipment weighing 700
kilograms or more to roll over while they are being operated:
(
a) tracked (crawler) or wheeled bulldozers, loaders, tractors or
skidders, other than those operating with side booms;
(
b) back hoes with a limited horizontal swing of 180 degrees;
(
c) motor graders;
(
d) self-propelled wheeled scrapers;
(
e) industrial, agricultural and horticultural tractors, including
ride-on lawnmowers, and
(
f) wheeled trenchers.
270.1(2) A hazard assessment performed under subsection (1) must
be based on the relevant circumstances of the proposed operation,
including
(
a) the stability of the powered mobile equipment, taking into
account such factors as the configuration of the equipment
and any attachments mounted on or pulled or pushed by the
equipment during operation,
(
b) the ground conditions where the powered mobile equipment
will be operated, including the presence of ditches, drop-offs,
and ground irregularities such as holes, soft spots or mounds,
(
c) the grades on which the powered mobile equipment will be
operated,
(
d) the nature of the activities to be performed with the powered
mobile equipment,
(
e) the training and experience of the operator, and
(
f) the presence or absence of a supervisor.
270.1(3) If a hazard assessment under subsections (1) and
(2) identifies rollover as a potential hazard, the employer must
(
a) equip the powered mobile equipment with a rollover
protective structure
(
i) that is supplied by the manufacturer, or
(ii) that a service provider or a person who is competent has
stated in writing will provide adequate protection to
workers,
(
b) institute safe work procedures to eliminate the possibility of
rollover.
16 The following is added after
section 276:
Transportation on mobile equipment on a farm or ranch
276.1(1) On a farming and ranching operation, a worker may be
transported on mobile equipment not designed for the transportation
of workers if
(
a) the worker is safely positioned,
(
b) the mobile equipment is operated at a speed of no more than
10 km/h, and
(
c) the terrain is suitable to enable the worker to be safely
transported.
276.1(2) Despite subsection (1), a worker must not be transported
(
a) a tongue or drawbar connecting mobile equipment together,
(
b) a fork or other mobile equipment implements that pose a risk
of injury to the worker.
17 The following is added after
section 278(1):
278(1.1) Despite subsection (1), on a farming or ranching
operation, the operator is only required to ensure that a conductive
tank truck is bonded if the truck is being used to transfer flammable,
combustible or explosive materials directly to powered mobile
equipment.
278(1.2) For greater certainty, on a farming and ranching operation,
the operator must ensure that a conductive tank truck containing
flammable, combustible or explosive materials is bonded when used
to transfer flammable, combustible or explosive materials to a
stationary storage container that is grounded.
18 The following is added after
section 326(7):
326(8) In the case of a farming and ranching operation, an
employer may perform a hazard assessment, as set out in
Part 2,
instead of complying with subsections (1) through (7).
19 The following is added after
section 357(5):
357(6) A farming and ranching operation employer is exempt from
subsections (1) to (5).
357(7) Despite subsection (6), a farming and ranching operation
employer must provide workers with
(
a) sanitary and hygiene supplies, and
(
b) access to a toilet if one is available at a work site.
20 The following is added after
section 364:
Moving workers on a farm or ranch
364.1 Despite
section 364, in the case of a farming and ranching
operation, if it is not reasonably practicable to use another machine
or equipment that is designed for the purpose, workers may be raised
or lowered in loader buckets if
(
a) a hazard assessment has been completed,
(
b) fall protection is provided if the worker is being raised over 3
metres,
(
c) the bucket is secured against unintended movement, and
(
d) the machinery or equipment to which the bucket is attached
remains stationary on the ground.
21 The following is added after
section 527:
Recapping needles at a farm or ranch
527.1 Despite
section 527, in the case of a farming and ranching
operation, a person may recap needles that are designed by the
manufacturer to be recapped.
Alberta Regulation 153/2018
Residential Tenancies Act
RESIDENTIAL TENANCIES MINISTERIAL AMENDMENT REGULATION
Filed: July 26, 2018
For information only: Made by the Minister of Service Alberta (M.O. SA:022/2018)
on July 25, 2018 pursuant to
section 70 of the Residential Tenancies Act.
1 The Residential Tenancies Ministerial Regulation
(AR 211/2004) is amended by this Regulation.
Section 14 is repealed.
THE ALBERTA GAZETTE,
PART II, MONTH DAY, 2015
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THE ALBERTA GAZETTE,
PART II, AUGUST 15, 2018
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