Alberta Gazette — 15 April 2023 (Part II)

15 April 2023

Alberta — Gazette

Alberta Gazette — 15 April 2023 (Part II)

15 April 2023

Alberta — Gazette

Alberta Regulation 59/2023

Health Information Act

HEALTH INFORMATION

AMENDMENT REGULATION

Filed: March 22, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 79/2023)

on March 22, 2023 pursuant to

section 108(1) of the Health Information Act.

1 The Health Information Regulation (AR 70/2001) is

amended by this Regulation.

Section 2(1) is amended by adding the following after

clause (j):

(

k) the Minister responsible for the Mental Health Act, except

section 53(1)(c);

(

l) the department administered by the Minister referred to in

clause (k).

3 This Regulation comes into force on April 1, 2023.

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

Alberta Regulation 60/2023

Rural Utilities Act

RURAL UTILITIES

AMENDMENT REGULATION

Filed: March 22, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 82/2023)

on March 22, 2023 pursuant to

section 55 of the Rural Utilities Act.

1 The Rural Utilities Regulation (AR 151/2000) is amended

by this Regulation.

2 The following is added after

section 4:

Secondary objects

4.1(1) In addition to the principal objects, the memorandum of

association may only include as a secondary object the provision of

fibre-optic goods and services.

(2) Notwithstanding subsection (1), an association, in addition to its

principal objects, may continue to carry out secondary objects

(

a) listed in its memorandum of association that was approved

by the Director and filed with the Registrar prior to the

coming into force of this section, or

(

b) authorized by the directors of the association prior to the

coming into force of this

section in accordance with an

express authority in the memorandum of association.

(3) Notwithstanding subsections (1) and (2), if one or more

amalgamating associations have as secondary objects those objects

referred to in subsection (2), the amalgamating associations may

include any of those secondary objects in the amalgamation

agreement under

section 16.

(4) An association may only carry out the secondary object referred

to in subsection (1) by doing one or more of the following:

(

a) by incorporating

(

i) a corporation under the Business Corporations Act or

the

Canada Business Corporations Act (Canada), or

(ii) a cooperative under the Cooperatives Act;

(

b) by holding shares in or being a member of a corporation or a

cooperative referred to in clause (a);

(

c) by holding all or a portion of the debt of a corporation or a

cooperative referred to in clause (a);

(

d) by entering into an agreement or arrangement with a

corporation or a cooperative referred to in clause (a).

Section 9 is amended by adding the following after

subsection (2):

(3) The reserve account must be maintained in an account separate

from any account used to fund the secondary object referred to in

section 4.1(1).

(4) Notwithstanding subsection (1), where surplus funds received by

an association from carrying out the secondary object referred to in

section 4.1(1) are held in the reserve account, the surplus funds may

only be used in accordance with

section 11.1.

4 The following is added after

section 11:

Surplus funds from secondary objects

11.1(1) In this section, "capital asset" means a non-financial

infrastructure asset having a physical substance that is acquired,

constructed or developed and

(

a) is held for use in the production or supply of goods and

services, for rental to others, for administrative purposes or

for the development, construction, maintenance or repair of

other tangible capital assets,

(

b) has a useful life extending beyond one year,

(

c) is intended to be used on a continuing basis,

(

d) is not intended for sale in the ordinary course of operations,

and

(

e) includes the association's works.

(2) Surplus funds received by an association from carrying out the

secondary object referred to in

section 4.1(1) may only be used to

acquire, maintain, upgrade or modernize capital assets.

5 This Regulation comes into force on the coming into

force of

section 15(6)(

a) of the Red Tape Reduction Statutes

Amendment Act, 2022.

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

Alberta Regulation 61/2023

Judicature Act

ALBERTA RULES OF COURT

AMENDMENT REGULATION

Filed: March 22, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 88/2023)

on March 22, 2023 pursuant to

section 28.1 of the Judicature Act.

1 The Alberta Rules of Court (AR 124/2010) are amended

by this Regulation.

2 Rule 13.13(7) is amended by striking out "14.31(

a) and (d)"

and substituting "14.25(1)(h)".

3 Rule 14.1(1) is amended

(

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

(e.1) "Court of Appeal Management System" means the

system established by the Court of Appeal for purposes

including creating, issuing, filing, accessing,

transmitting, storing, recording, providing or submitting

documents or information by electronic means in

respect of matters under this Part;

(

b) by repealing clause (

h) and substituting the

following:

(h) "file" means to submit the correct document through the

Court of Appeal Management System or otherwise as

permitted in accordance with the Court of Appeal of

Alberta Practice Direction - Electronic Filing, adopted

by the Alberta Court of Appeal and as amended from

time to time, and obtain an acknowledgment by the

Registrar that the document has been accepted for

filing;

(

c) by repealing clause (o).

4 Rule 14.8 is amended

(

a) in subrule (2)

(

i) in clause (

a) by striking out "3 copies of";

(ii) by repealing clause (

b) and substituting the

following:

(

b) serve a filed copy of the notice of appeal on every

other party to the appeal within the applicable time

period mentioned in clause (a).

(

b) by repealing subrule (6).

5 Rule 14.10 is repealed.

6 Rule 14.11 is amended

(

a) in clause (a)(

i) by striking out "3 copies of";

(

b) by repealing clause (

b) and substituting the

following:

(

b) serve a filed copy of the notice of cross appeal or

application on every other party to the appeal and cross

appeal.

7 Rules 14.16 and 14.17 are repealed and the following is

substituted:

Filing the Appeal Record

14.16(1) Subject to rules 14.18 and 14.21, the appellant must file

an Appeal Record consisting of

(

a) Part 1 - Pleadings,

(

b) Part 2 - Final Documents, and

(

c) Part 3 - Transcripts.

(2) The appellant must serve a filed copy of the Appeal Record and

the Transcripts on every other party to the appeal.

(3) The Appeal Record and Transcripts must be prepared promptly

and filed and served forthwith after they are prepared,

(

a) in a fast track appeal, not later than one month from the date

on which the notice of appeal was filed, or

(

b) in a standard appeal, not later than 4 months from the date on

which the notice of appeal was filed,

or the appeal will be struck by the Registrar.

8 Rule 14.18 is amended

(

a) in subrule (1)

(

i) in the portion preceding clause (

a) by striking

out "for standard appeals";

(ii) by repealing clause (

a) and substituting the

following:

(

a) a Table of Contents for Parts 1 and 2, which must

list separately each document and show the page

number where the document can be found;

(iii) in clause (d)

(

A) in subclause (

i) by striking out "at the

beginning of every volume";

(

B) by adding the following after subclause

(iii):

(iv) a list and description of all the exhibits

entered in the trial court and the page in the

transcripts where the entry of the exhibit is

shown.

(

b) in subrule (2) by striking out "sufficient copies of";

(

c) by adding the following after subrule (2):

(2.1) The Appeal Record must not contain any comment,

argument, trial briefs, legal authorities, evidence, affidavits,

exhibits or new evidence.

9 Rule 14.19 is repealed.

10 Rules 14.21 and 14.22 are repealed and the following is

substituted:

Format of Appeal Record

14.21(1) Parts 1 and 2 of the Appeal Record must

(

a) have electronic bookmarks as required by rule 14.87(1)(i),

(

b) be continuously paginated, with the cover page being page 1,

and

(

c) have a red cover page.

(2) Part 3 of the Appeal Record must

(

a) be prepared by an official court reporter or comply with the

Transcript Fees and Format Regulation (AR 167/2010), and

(

b) be prepared in an electronic format approved by the Registrar

and filed before Parts 1 and 2 of the Appeal Record are filed.

11 Rule 14.23 is amended

(

a) in subrule (1)

(

i) by striking out "5 copies of";

(ii) by striking out "meet" and substituting "meets";

(iii) by striking out "file and serve one additional" and

substituting "serve a filed";

(

b) in subrule (2)

(

i) in clause (

a) by striking out "5 copies of";

(ii) by repealing clause (

b) and substituting the

following:

(

b) serve a filed copy of the factum or letter of

intention on every other party to the appeal.

12 Rule 14.25(1)(

h) and (

i) are repealed and the following is

substituted:

(

h) a Table of Authorities listing each Act, regulation and other

authority referred to, and including

(

i) any neutral citation assigned to the authority by the

court that decided it,

(ii) at least one print citation for the authority where

available,

(iii) a hyperlink to each authority, where available,

(iv) where only an extract of

an Act or regulation is relevant,

a hyperlink to that extract only, where available, and

(

v) copies or extracts of any authorities, identified

separately and appended to the factum, for which a

hyperlink is not available.

13 Rule 14.26 is amended

(

a) by repealing subrule (1)(

b) and substituting the

following:

(

b) continuously paginated, with the cover page being page

1, and have electronic bookmarks as required by rule

14.87(1)(i).

(

b) in subrule (4) by striking out "cardstock covers, front

and back," and substituting "covers".

14 Rule 14.27 is amended

(

a) in subrule (2) by striking out "must" and substituting

"may";

(

b) by repealing subrule (3) and substituting the

following:

(3) A party preparing Extracts of Key Evidence must file, when

or before filing that party's factum, a copy of the Extracts of Key

Evidence and must serve a filed copy on every other party to the

appeal.

(4) Records that are subject to a restricted court access order

must be filed as a separate Extracts of Key Evidence and

identified as such.

15 Rule 14.29 is amended

(

a) in clause (

a) by striking out "at the beginning of every

volume, listing" and substituting "describing";

(

b) by repealing clause (

b) and substituting the

following:

(

b) be continuously paginated, with the cover page being

page 1, and have electronic bookmarks as required by

rule 14.87(1)(i);

(

c) in clause (

c) by striking out "cardstock covers, front and

back," and substituting "a cover page";

(

d) by repealing clause (d).

16 The heading preceding rule 14.30 is amended by

striking out "Books of Authorities" and substituting

"Condensed Books".

17 Sections 14.30 and 14.31 are repealed and the following

is substituted:

Filing Condensed Books

14.30 A party to an appeal that wishes to file a condensed book of

key documents intended to be referred to during the oral argument

must

(

a) prepare the condensed book in compliance with the

Consolidated Practice Directions of the Court of Appeal of

Alberta, and

(

b) file the condensed book and serve a filed copy of the

condensed book on all the other parties to the appeal 2

business days or more before the date scheduled for hearing

the oral argument.

18 Rule 14.33 is amended

(

a) in subrule (2) by striking out "placed by the Registrar on

the Unscheduled Civil Appeals List and be spoken to by the

parties at the next calling of the List" and substituting

"referred to a case management officer for further direction";

(

b) by repealing subrules (3) and (4).

19 Rule 14.35(2) is amended by striking out "or the

Unscheduled Civil Appeals List".

20 Rule 14.40 is amended

(

a) in subrule (1) by striking out "3 copies of";

(

b) in subrule (2) by striking out "file and serve one

additional" and substituting "serve a filed".

21 Rule 14.41 is amended

(

a) in clause (a)

(

i) by striking out "3 copies of";

(ii) by striking out "file and serve additional copies" and

substituting "serve a filed copy";

(

b) in clause (b)

(

i) by striking out "3 copies";

(ii) by adding ", in which case no oral submissions are

allowed unless permission is obtained under rule 14.49"

after "respondent".

22 Rule 14.42 is amended

(

a) in subrule (1) by striking out "5 copies of";

(

b) in subrule (2) by striking out "file and serve one

additional" and substituting "serve a filed".

23 Rule 14.43 is amended

(

a) in clause (a)

(

i) by striking out "5 copies of";

(ii) by striking out "file and serve additional copies" and

substituting "serve a copy";

(

b) in clause (b)

(

i) by striking out "5 copies";

(ii) by adding ", in which case no oral submissions are

allowed unless permission is obtained under rule 14.49"

after "respondent".

24 Rule 14.45(2) is repealed and the following is

substituted:

(2) In addition to the documents required by rule 14.42(1), the

applicant must file a copy of the proposed new evidence as a separate

electronic document.

25 Rule 14.77(2) is amended by adding "or case management

officer" after "judge".

26 Rule 14.87(1) is amended

(

a) by repealing clauses (

e) and (f);

(

b) by adding the following after clause (g):

(

h) unless otherwise permitted by a case management

officer, be filed in electronic form in accordance with

the Court of Appeal of Alberta Practice Direction -

Electronic Filing, and

(

i) include an electronic bookmark to

(

i) the cover page, listing the name of the document,

the name of the party filing the document, the

appeal number and a brief style of cause,

(ii) each heading and subheading of the document as

listed in the Table of Contents, and

(iii) the first page of each tab, exhibit or attachment,

listing a description of the tab, exhibit or

attachment.

27 Rule 14.91(1)(

b) is amended by striking out "and the

Unscheduled Civil Appeals List".

28 Rule 14.92 is amended

(

a) in clause (

c) by adding "the court record to show" after

"endorse";

(

b) in clause (

d) by striking out "or electronically".

Schedule A, Division 3, Form AP-5 is amended by

striking out

Name etc. of the organization

that prepared this document

(When the cover page is being used on an appeal record, include:)

The appeal record has been prepared in ? electronic format

? document format

30 The Appendix is amended in the definition of "file" by

repealing clause (

b) and substituting the following:

(

b) in the case of an appeal or an application under

Part 14,

by the Registrar of the Court of Appeal that the

document has been accepted for filing;

31 This Regulation comes into force on April 30, 2023.

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

Alberta Regulation 62/2023

Tobacco Tax Act

TOBACCO TAX REGULATION

Filed: March 22, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 91/2023)

on March 22, 2023 pursuant to

section 48 of the Tobacco Tax Act.

Table of Contents

Interpretation

Interpretation

Registration, Licences, Permits

and Appointments

2 Registration and licence

3 Permit to possess tobacco

4 Tax collector appointment

5 Background check

6 Required notices

7 Licence must be displayed

8 Licence expiry

9 Lost, destroyed or defaced licence

Remittance and Returns

10 Remittance of tax

11 Interest

12 Returns

Exemptions from Tax

13 No tax payable

14 Completion of voucher

15 Identification cards

16 Credit re cancelled or invalid identification card

17 Refund of tax

Marking of Tobacco

18 Mark-point

19 Marking of tobacco sold to consumers

20 Marking of tobacco provided to person without charge

21 Marking of tobacco products

22 Discrepancy between package weight and actual weight

23 Marking of cartons

24 Marking of cases

25 Accounting system required

26 Information required by Minister

Administration and Enforcement

27 Records to be kept

28 Disclosure of information

29 Service

30 Seizure of vehicle

31 Return of seized items

32 Unclaimed items

33 Application to King's Bench

Transitional, Repeal and

Coming into Force

34 Transitional

35 Repeal

36 Coming into force

Interpretation

Interpretation

1(1) In this Regulation,

(a) "Act" means the Tobacco Tax Act;

(b) "Alberta stamp" means an excise stamp, as defined in the

Excise Act, 2001 (Canada), that is approved by the Minister

in agreement with the Canada Revenue Agency to mark

packages of tobacco products sold in Alberta to a consumer

other than in circumstances in which

section 3(1.09) of the

Act applies;

(c) "background check" means, in respect of a person, an

inquiry, investigation or record check based on the collection

of information, including personal information, from the

person and any relevant third party sources, and includes, but

is not limited to, an inquiry or investigation relating to the

honesty and integrity, financial history and competence of

the person;

(d) "carton" means a container in which one or more packages of

cigarettes or tobacco sticks are packed;

(e) "case" means a container for the shipping of packages or

cartons;

(f) "seizure costs" means all the costs related to the seizure,

removal, transportation and storage, or of any one or more of

those functions, of items seized under

section 24 or 24.1 of

the Act;

(g) "tax-exempt sale" means a sale of tobacco in circumstances

where

section 3(1.09) of the Act applies.

(2) In the Act and this Regulation,

(a) "band" means a band as defined in the Indian Act (Canada);

(b) "cigar" means a roll or tubular construction intended for

smoking that consists of

(

i) a filler composed of natural tobacco, reconstituted

tobacco or natural and reconstituted tobacco, and

(ii) a wrapper, or binder and wrapper, composed of natural

tobacco, reconstituted tobacco or natural and

reconstituted tobacco in which the filler is wrapped, and

may include a mouthpiece (tip) or filter;

(c) "cigarette" includes any roll or tubular construction of

tobacco intended for smoking, other than a cigar or a tobacco

stick, and where any cigarette exceeds 102 mm in length,

each 76 mm or less of the cigarette shall be considered to be

a separate cigarette;

(d) "collection period" means,

(

i) in the case of a wholesaler who is not a manufacturer, a

calendar month, and

(ii) in the case of any other tax collector, a period approved

by the Minister;

(e) "fine cut tobacco" means loose tobacco that has been refined

to the point where it is ready to be formed into a cigarette or

tobacco stick;

(f) "identification card" means

(

i) a card issued under the Indian Act (Canada) indicating

that the holder is an Indian, if the Minister has agreed

with the issuer of the card to accept the card for the

purposes of the Act and this Regulation, or

(ii) a letter issued to a band by the Minister under

section 15(1);

(g) "Indian" means an Indian as defined in the Indian Act

(Canada);

(h) "manufactured tobacco" means tobacco, other than cigars or

packaged raw leaf tobacco, that is manufactured;

(i) "package" means a container in which fine cut tobacco,

tobacco sticks or cigarettes, which are not already in a

container, are packed;

(j) "raw leaf tobacco" means unmanufactured tobacco or the

leaves and stems of the tobacco plant;

(k) "tobacco stick" means any roll or tubular construction of

tobacco intended for smoking, other than a cigar, that

requires further preparation to be consumed, and where any

tobacco stick exceeds 90 mm in length or 800 mg, each

60 mm or less or each 650 mg or less, respectively, of the

tobacco stick shall be considered to be a separate tobacco

stick.

(3) For the purpose of the definition of cigar, "reconstituted tobacco"

means a product that consists of 50% or more tobacco.

(4) For the purposes of sections 19 and 21, tobacco products do not

include cigarettes contained in a 200-cigarette package.

Registration, Licences, Permits

and Appointments

Registration and licence

2(1) An application made by a person under

section 8(1) of the Act

for

(

a) registration as an exempt sale retailer must be made in

respect of each location in which the person intends to make

tax-exempt sales, and

(

b) registration as a duty free shop operator must be made in

respect of each duty free shop.

(2) For the purposes of

section 8(2)(

b) of the Act, the Minister may

refuse to register a person, to issue a licence to a person or to renew a

person's registration or licence if the Minister is satisfied that the

person, a director, officer, employee or contractor of the person or

someone not dealing at arm's length with the person

(

a) has contravened any other Act or regulation of Alberta that

imposes any tax,

(

b) has not acted or may not act in accordance with the law, with

honesty and integrity or in the public interest, having regard

to the past conduct of the person,

(

c) would be a detriment to the integrity of the lawful tobacco

industry in Alberta, or

(

d) would be a detriment to the lawful manufacture, import,

purchase, sale or possession of tobacco under the Act.

(3) For the purposes of

section 8(3)(

b) of the Act, the Minister may

cancel or suspend a person's registration or licence if

(

a) the person who is registered or licensed, a director, officer,

employee or contractor of the person or someone not dealing

at arm's length with the person

(

i) has contravened any other Act or regulation of Alberta

that imposes any tax,

(ii) has not acted in accordance with the law or with

honesty or integrity or in the public interest,

(iii) is a detriment to the integrity of the lawful tobacco

industry in Alberta, or

(iv) is a detriment to the lawful manufacture, import,

purchase, sale or possession of tobacco under the Act,

(

b) access to the business premises of the person who is

registered or licensed, or the location at which tax-exempt

sales are made by the person who is registered or licensed, is

denied or impeded by any person.

Permit to possess tobacco

3(1) For the purposes of

section 4.1(1)(

h) of the Act, the following are

prescribed circumstances:

(

a) the tobacco is black stock purchased from an exempt sale

retailer in circumstances in which

section 3(1.09) of the Act

applies;

(

b) the tobacco was purchased from a duty free shop operator at

a duty free shop and the purchaser possesses a receipt issued

by the duty free shop operator respecting that purchase.

(2) For the purposes of

section 4.1(4)(

b) of the Act, the Minister may

refuse to issue a permit to a person who

(

a) has contravened any other Act or regulation of Alberta that

imposes any tax,

(

b) has failed to comply with the conditions of a previous permit,

(

c) the Minister has reason to believe will deal with the tobacco

in respect of which the application is made in a manner other

than in accordance with the Act or the regulations or a

condition of the permit.

Tax collector appointment

4(1) For the purposes of

section 9.1(1) of the Act, the following are

prescribed criteria:

(

a) the licensed wholesaler does not sell tobacco in Alberta from

a retail store, including an online retail store;

(

b) the licensed wholesaler does not, in the opinion of the

Minister, regularly sell tobacco directly to consumers.

(2) For the purposes of

section 9.1(3)(

c) of the Act, the prescribed

circumstance is where the licensed wholesaler fails to comply with the

conditions imposed on the appointment under

section 9.1(2) of the Act.

Background check

5 If the Minister considers it necessary in order to determine a

person's eligibility for a licence, registration, appointment or permit,

the Minister, or an officer authorized by the Minister to act under this

section, may conduct a background check on any one or more of the

following:

(

a) the person;

(

b) a director, officer, employee or contractor of the person;

(

c) another person not dealing at arm's length with the person.

Required notices

6 For the purposes of

section 10(2)(

b) of the Act, a person who is

registered or licensed under

section 8 of the Act or a marking permit

holder shall immediately notify the Minister in writing if

(

a) the person is the subject of proceedings relating to

bankruptcy, insolvency or receivership,

(

b) in the case of a corporation, the corporation

(

i) amalgamates with another corporation,

(ii) is wound up, liquidated or dissolved, or

(iii) is subject to any proceedings under the Companies'

Creditors Arrangement Act (Canada),

(

c) in the case of a partnership, there is a change in the partners

of the partnership,

(

d) there is a sale, assignment or transfer of that part of the

business under which the activities authorized by a

registration, licence, appointment or permit under the Act are

carried out, and the sale, assignment or transfer results in a

change in control of the business,

(

e) there is a substantial change in the core management group or

operations of that part of the business for which the person

has been registered, licensed, appointed or issued a permit

under the Act, or

(

f) the person

(

i) changes the name under which the person is carrying on

business,

(ii) changes the address of any place of business, or

(iii) expands the person's business to a new place of

business.

Licence must be displayed

7(1) Every wholesaler or importer shall display that person's licence

prominently at each of that person's places of business.

(2) If a wholesaler or importer has no place of business in Alberta, the

wholesaler or importer shall keep that person's licence with that person

at all times while doing business in Alberta and shall produce it on

request to any officer and on request to any wholesaler, importer,

retailer or consumer with whom that person transacts business.

Licence expiry

8 A wholesaler's or importer's licence expires when the wholesaler

or importer, as the case may be, no longer carries on business in

Alberta as a wholesaler or importer.

Lost, destroyed or defaced licence

9 If a wholesaler's or importer's licence has been lost, destroyed or

defaced, the wholesaler or importer shall immediately advise the

Minister of the loss, destruction or defacement, and the Minister may

issue a copy of the licence.

Remittance and Returns

Remittance of tax

10(1) An importing consumer who is required to pay tax under

section 3(1.03) of the Act shall remit that tax so that it is received by

the Minister on or before the 10th day after the day the tobacco was

imported, sent, acquired or received, as the case may be.

(2) A person who is required to pay tax under

section 3(1.08) of the Act

shall remit that tax so that it is received by the Minister on or before the

28th day after the end of the collection period in which the tobacco was

consumed or used, as the case may be.

(3) A person who is required to remit tax to the Minister under

section

3.2(1) or (3) of the Act shall remit that tax so that it is received by the

Minister on or before the 28th day after the end of the collection period

in which the tobacco was sold, imported, sent, acquired or received, as

the case may be.

Interest

11(1) Interest that is payable under the Act is simple interest at the

rate prescribed for the purposes of

section 39 of the Alberta Corporate

Tax Act.

(2) If a person fails to remit tax to the Minister in accordance with

section 3.2 of the Act, interest accrues on the unremitted amount from

the day the amount was to have been remitted to the Minister until the

day on which the Minister receives the amount.

(3) If a person is assessed a penalty under

section 9.3(2), 33, 35 or 38

of the Act, interest accrues on any unpaid penalty from the date of the

notice of assessment until the day on which the Minister receives the

amount owing.

(4) No interest is payable on any amount payable by the Minister

under the Act, including on a refund.

Returns

12(1) Except where subsection (2) applies, a person required to remit

tax under

section 3.2 of the Act shall

(

a) prepare a return referred to in

section 9.3(1) of the Act in

respect of a collection period, and

(

b) submit the return so that the return is received by the

Minister on or before the 28th day after the end of the

collection period.

(2) An importing consumer required to pay tax under

section 3(1.03)

of the Act shall submit a return referred to in

section 9.3(1) of the Act

so that the return is received by the Minister on or before the 10th day

after the day the tobacco was imported, sent, acquired or received, as

the case may be.

Exemptions from Tax

No tax payable

13(1) For the purposes of

section 3(1.09)(

b) of the Act, no tax is

payable when tobacco is sold to an Indian or band by an exempt sale

retailer if

(

a) the purchaser presents to the exempt sale retailer at the time

of purchase,

(

i) in the case of a purchaser that is an Indian, an

identification card referred to in

section 1(2)(f)(i), or

(ii) in the case of a purchaser that is a band, an

identification card referred to in

section 1(2)(f)(ii),

(

b) it is reasonable to believe that the tobacco is not being

purchased for resale or for export to another jurisdiction, and

(

c) the sale is made

(

i) on a reserve,

(ii) on the settlement known as the Garden River

Settlement, located in the south-west corner of Wood

Buffalo National Park, or

(iii) on the land legally described as Plan 0322267, Block 1,

Lot 1, excepting thereout all mines and minerals, as

long as that land is owned by Heart Lake Natural

Resource Development Incorporated on behalf of the

Heart Lake First Nation.

(2) In the case of a tax-exempt sale, only black stock may be sold.

Completion of voucher

14(1) The Minister may require an exempt sale retailer to complete a

voucher for some or all of the tax-exempt sales made by an exempt

sale retailer and may determine the information that is to be contained

in the voucher.

(2) The Minister may require an exempt sale retailer to complete and

maintain records in electronic form instead of vouchers, and may

determine the nature and form of the records to be maintained.

(3) An exempt sale retailer shall not make a tax-exempt sale unless the

retailer has complied with subsection (1) or (2), as the case requires.

Identification cards

15(1) After receipt of an application made by a band in a form and

manner specified by the Minister, the Minister shall issue to the band a

letter indicating that the band is eligible to purchase tobacco exempt

from tax in accordance with the Act, if all or part of the reserve of the

band is located in Alberta or the band has an office in Alberta.

(2) No individual who has been issued an identification card shall sell

or give that card to another person or permit another person to use the

card for the purposes of

section 13(1)(a)(i).

(3) Subject to subsection (4), no person shall possess an identification

card that has been issued or is in the name of another person.

(4) No band that has been issued an identification card shall sell or

give that card to another person or permit another person to use the

card for the purposes of

section 13(1)(a)(ii), unless

(

a) the person is an authorized representative of the band,

(

b) the person is using the identification card to purchase tobacco

for and on behalf of the band, and

(

c) the person and the band comply with any conditions placed

on the identification card by the Minister.

(5) For the reasons set out in subsection (6), the Minister may,

(

a) in the case of an identification card referred to in

section

1(2)(f)(i), declare the identification card to be invalid for the

purposes of the Act and this Regulation, and

(

b) in the case of an identification card referred to in

section

1(2)(f)(ii), cancel the identification card.

(6) The Minister may declare an identification card to be invalid or

cancel an identification card for the following reasons:

(

a) in the case of an identification card referred to in

section

1(2)(f)(ii), the Minister is satisfied that the holder of the card

does not meet the requirements of subsection (1);

(

b) the holder of the identification card has not paid an amount

assessed under the Act, the Fuel Tax Act or the Tourism

Levy Act;

(

c) the identification card has been lost, stolen or destroyed;

(

d) the identification card is unusable due to damage;

(

e) the Minister believes that the identification card has been

sold to, is in the possession of or being used by a person

other than the person to whom it was issued or an authorized

person under subsection (4).

(7) Where the Minister has declared an identification card referred to

section 1(2)(f)(

i) to be invalid or has cancelled an identification card

referred to in

section 1(2)(f)(ii), the Minister shall notify exempt sale

retailers that the identification card has been declared to be invalid or

has been cancelled, as the case may be.

(8) If the Minister has declared that an identification card referred to

section 1(2)(f)(

i) is invalid for the reason referred to in subsection

(6)(

b) and the assessment has been paid, the Minister shall notify

exempt sale retailers that the identification card is again valid.

(9) If an identification card referred to in

section 1(2)(f)(ii) has been

cancelled for the reason referred to in subsection (6)(

b) and the

assessment has been paid, the Minister, after receiving an application

made in the form and manner specified by the Minister, shall issue a

replacement identification card.

(10) If an identification card referred to in

section 1(2)(f)(ii) has been

cancelled for a reason referred to in subsection (6)(

c) or (d), the

Minister, after receiving an application made in the form and manner

specified by the Minister, shall issue a replacement identification card.

(11) If an identification card referred to in

section 1(2)(f)(ii) has been

cancelled for the reason referred to in subsection (6)(e), and the band

satisfies the Minister that the identification card has not been sold to, is

not in the possession of or being used by someone other than the band

to whom it was issued or an authorized person under subsection (4),

the Minister shall issue a replacement identification card.

Credit re cancelled or invalid identification card

16(1) Where the Minister has declared that an identification card

referred to in

section 1(2)(f)(

i) is invalid or an identification card

referred to in

section 1(2)(f)(ii) has been cancelled for the reason

referred to in

section 15(6)(b), the Minister, after receiving an

application in the form and manner specified by the Minister, may

credit against the amount of the assessment owing, the amount of taxes

paid under the Act or the Fuel Tax Act or levies paid under the

Tourism Levy Act on any subsequent purchase of tobacco, fuel or

accommodation, as the case may be.

(2) A credit under subsection (1) may only be given if

(

a) the tobacco is purchased from an exempt sale retailer under

the Act, the fuel is purchased from an exempt-sale vendor

under the Fuel Tax Act or the accommodations are provided

on a reserve, as the case may be, and

(

b) the sale of the tobacco, fuel or accommodation would

otherwise have been a tax-exempt sale except for the fact that

the person's identification card had been cancelled or

declared invalid.

(3) If the amount of a credit exceeds the amount of assessment owing,

the Minister shall refund any excess amount of tax paid to the person

who paid the tax.

Refund of tax

17(1) For the purposes of

section 3.3(

d) of the Act, the following are

prescribed circumstances:

(

a) the tobacco was purchased in Alberta, or imported into

of the Diplomatic Corps eligible for inclusion in the

Diplomatic, Consular and other Representatives in Canada,

forces of other countries stationed in Canada, or by others at

the member's or armed forces' expense;

(

b) the tobacco was purchased in Alberta, or imported into

Alberta, for sale or resale, and the tobacco is exported to

another jurisdiction before it is sold;

(

c) the amount of tax paid or remitted by the person exceeded

the amount the person was required to pay or remit under the

Act, and if the amount was paid or remitted in respect of a

purchase of tobacco by the person, the person is unable to

recover the excess amount from the seller.

(2) An application for a refund under

section 3.3 of the Act must be

accompanied by sales invoices, ledgers and any other records,

documents and evidence required

(

a) to prove the claim, and

(

b) to determine the amount of tax that was remitted and the

amount of tax to be refunded.

(3) An application for a refund must be received by the Minister,

(

a) in the case of a refund referred to in

section 3.3(

a) of the Act,

within one year after the date the theft or destruction was

discovered by the applicant,

(

b) in the case of a refund referred to in

section 3.3(

b) of the Act,

within 90 days of the earlier of

(

i) the date that a notice of the bankruptcy or a notice of the

appointment of a receiver is received by the applicant,

and

(ii) the date that the applicant identifies the debt as an

amount to be claimed as an uncollectable debt for

income tax purposes,

(

c) in the case of a refund referred to in

section 3.3(

c) of the Act,

not later than 3 years from the end of the calendar year in

which the tax-exempt sale occurred, and

(

d) in the case of a refund referred to in subsection (1), not later

than 3 years from the end of the year in which the

circumstance giving rise to a claim for a refund has occurred.

(4) An application for a refund under

section 3.3(

c) of the Act shall

not be made more frequently than once every calendar week.

(5) For the purposes of this section, a debt is not an uncollectable debt

unless the applicant

(

a) has exhausted all efforts to collect the debt that would

reasonably be expected to be made by a creditor who is

dealing at arm's length with a debtor, and

(

b) in the case of a bankruptcy or receivership, has filed a claim

with the trustee or receiver that includes the amount of the

tax owing shown separately.

(6) For the purposes of subsection (5)(a), an applicant has not

exhausted all efforts to collect the debt if the applicant continues to sell

tobacco on credit to the person after the applicant has established that

the debt owing by that person has become uncollectable.

(7) The amount of refund that the Minister may pay in respect of a

refund referred to in

section 3.3(

b) of the Act is to be calculated in

accordance with the following formula:

Amount of Refund = A x C

where

A is the amount of uncollectable debt at the time of the

application;

B is the original amount of the debt at the time of the sale;

C is the amount of tax that was remitted relating to the sale.

(8) If an applicant receives a refund of tax in respect of an

uncollectable debt but manages to collect full or partial payment of the

debt, the applicant shall pay back to the Minister that portion of the

refund related to the amount of the debt so collected, calculated in

accordance with the following formula:

Portion of Refund = D x F

where

D is the amount of debt collected;

E is the amount of uncollectable debt at the time of the

application for refund;

F is the amount of the refund received under this section.

(9) When a refund is paid under

section 3.3(

b) of the Act, the Minister

is subrogated to the rights of the applicant to recover that amount from

the debtor.

(10) The Minister may require an exempt sale retailer to provide proof

that the exempt sale retailer has paid for the tobacco before paying a

tax refund in respect of that tobacco.

(11) If the Minister refuses to refund all or a portion of an amount

claimed under this section, the Minister shall give to the exempt sale

retailer a notice of disallowance specifying the amount that the

Minister will not refund and the reasons for the refusal.

(12) If, in the opinion of the Minister, an applicant has misrepresented

a material fact in an application for a refund, the application shall be

disallowed and no refund shall be made.

Marking of Tobacco

Mark-point

18(1) The Minister may authorize a location in Alberta as a

mark-point.

(2) A person shall not mark packages, cartons or cases except at a

mark-point.

(3) A manufacturer shall not store in Alberta packages, cartons or

cases that bear the mark of another jurisdiction, except at a mark-point.

Marking of tobacco sold to consumers

19 Each package, carton and case containing tobacco products to be

sold to a consumer in Alberta other than in circumstances in which

section 3(1.09) of the Act applies must be marked in accordance with

sections 21, 23 and 24, as the case may be.

Marking of tobacco provided to

person without charge

20 Each package, carton and case that a retailer provides to a person

in Alberta without charge, or for no consideration, must be marked in

accordance with sections 21, 23 and 24, as the case may be.

Marking of tobacco products

21(1) A marking permit holder shall obtain, in accordance with the

procedures set out in the Excise Act, 2001 (Canada), Alberta stamps for

marking packages of tobacco products.

(2) For the purposes of sections 19 and 20, each package of a tobacco

product manufactured in Canada, or imported into Canada for sale in

Alberta, must be marked by a marking permit holder with one of the

following Alberta stamps:

(

a) cigarettes - 20 units;

(

b) cigarettes - 25 units;

(

c) tobacco - 50 g;

(

d) tobacco - 100 g;

(

e) tobacco - 150 g;

(

f) tobacco - 200 g;

(

g) tobacco - 250 g;

(

h) tobacco - 400 g.

Discrepancy between package weight

and actual weight

22 Where the actual weight of tobacco in a package is different from

the weight of tobacco indicated by the Alberta stamp, the actual weight

of tobacco in the package must be used in the computation of tax

payable under

section 3 of the Act.

Marking of cartons

23 For the purposes of sections 19 and 20, each carton must have

affixed or imprinted by a marking permit holder on each end sticker

that seals the end flaps of the carton or, if the carton is a cardboard

box, at each end of the box, a rectangle

(

a) at least 2.9 cm wide and at least 1.4 cm high,

(

b) surrounded by a border 1.5 points thick in process black,

100%, and

(

c) bearing the inscription "ALBERTA" in process black, 100%

on a background in "Pantone Red 485", 100% in "Helvetica

10 point" type and in uppercase letters.

Marking of cases

24(1) For the purposes of sections 19 and 20, each case must be

marked by a marking permit holder with the inscription "ALBERTA".

(2) The mark must be placed on the top of any 2 opposite face sides of

the case and the inscription must be in process black, 100% and in

uppercase letters at least 38.1 mm high.

Accounting system required

25(1) Every manufacturer and wholesaler, in respect of packages,

cartons and cases shipped to, stored in or sold or intended for sale in

Alberta by the manufacturer or wholesaler, shall establish and maintain

an accounting system satisfactory to the Minister that provides an

accounting of the number of packages, cartons and cases that are

(

a) marked in accordance with sections 21, 23 and 24,

(

b) shipped to Alberta that are black stock, and

(

c) not marked for tax-paid sale in Alberta, other than black

stock.

(2) The accounting required by subsection (1) must be made in the

form and manner specified by the Minister and at the times specified

by the Minister.

Information required by Minister

26 The Minister may specify information that must be shown on any

package containing tobacco.

Administration and Enforcement

Records to be kept

27 For the purposes of

section 31(1) of the Act, every manufacturer,

wholesaler, importer and retailer shall keep records and books of

account, including accounts, vouchers, financial statements,

inventories and any other documents, in a form and containing

information that will readily enable the Minister to make an accurate

determination of

(

a) taxes collected or remitted, as the case may be, or to be

collected or remitted for the purposes of the Act, and

(

b) transactions in tobacco.

Disclosure of information

28(1) For the purposes of

section 32(4) of the Act, the Minister may

disclose to a tax collector, importer, manufacturer, wholesaler, retailer,

duty free shop operator or marking permit holder information about

(

a) another tax collector, importer, manufacturer, wholesaler,

retailer, duty free shop operator or marking permit holder

who is licensed, registered, appointed or a permit holder

under the Act,

(

b) a person referred to in clause (

a) whose licence, registration,

appointment or permit has been suspended, cancelled or

revoked,

(

c) a consumer to whom

section 3(1.09) of the Act applies, or

(

d) a consumer referred to in clause (

c) whose identification card

has been declared to be invalid or cancelled.

(2) For the purposes of

section 32(4) of the Act, the Minister may

disclose to an officer any information required to conduct an

inspection, investigation, audit or examination under the Act or this

Regulation.

(3) For the purposes of

section 32(5) of the Act, the Minister may

publish the information described in that subsection in paper form or

by electronic means.

(4) For the purposes of

section 32(5)(

c) of the Act, the prescribed

information is

(

a) the type of licence, registration, appointment or permit the

person holds or has been issued,

(

b) the effective date of the licence, registration, appointment or

permit,

(

c) if a licence, registration, appointment or permit has been

cancelled or suspended, the end date of the licence,

registration, appointment or permit,

(

d) the person's operating name, if different from the person's

legal name, and

(

e) the person's business contact information.

(5) The information described in subsection (4) and

section 32(5) of

the Act may be published from the effective date of a licence,

registration, appointment or permit until one year after the licence,

registration, appointment or permit has been cancelled or suspended.

Service

29(1) The ways in which a notice or other document may be served

on, sent to or given to a person by the Minister or an officer under the

Act include

(

a) delivering or mailing the notice or other document to the

person's place of business or last address known to the

Minister, or

(

b) leaving the notice or other document with an adult employee

at the person's place of business.

(2) If the person on or to whom a notice or other document is to be

served, sent or given under the Act carries on business under a name or

style other than the person's own name, the notice or other document

may be addressed to the name or style under which the person carries

on business.

Seizure of vehicle

30(1) In this

section and sections 31 and 32, "owner", in respect of a

vehicle, means the owner as shown in the records of the Registrar

under the Traffic Safety Act.

(2) Where a vehicle, including any goods being carried by a vehicle, is

seized under the Act, the seizure costs are a lien on the vehicle.

(3) Seizure costs payable with respect to a seized vehicle are a debt

owing to the Crown by the owner of the vehicle.

(4) Where

(

a) a vehicle has been seized under

section 24 or 24.1 of the Act,

(

b) the person who had possession of the vehicle at the time of

the seizure was not the owner of the vehicle, and

(

c) the owner of the vehicle incurs seizure costs as a result of the

seizure,

the owner of the vehicle may claim the seizure costs against the person

who was in possession of the vehicle at the time of the seizure.

(5) Subject to subsection (6), for the purposes of sections 24(7)(

a) and

(8)(

c) and 24.1(3)(

a) and (4)(

c) of the Act, the person from whom the

vehicle was seized, or, if that person is not the owner, the owner, shall

pay to the Minister the seizure costs associated with the vehicle to be

returned.

(6) An officer or a judge, as the case may be, may waive all or a

portion of the seizure costs if the officer or judge is satisfied that

injustice or great hardship is likely to result from the payment of the

seizure costs.

(7) Where the officer or a judge waives all or a portion of the seizure

costs, those costs are payable by the Crown.

Return of seized items

31(1) For the purposes of sections 24(7)(

a) and (8)(

c) and 24.1(3)(

a) and (4)(

c) of the Act, if an item seized is not tobacco or a vehicle, the

person from whom the item was seized, or if that person is not the

owner, the owner, shall pay to the Minister the seizure costs associated

with the item to be returned.

(2) An officer or a judge, as the case may be, may waive all or a

portion of the seizure costs if the officer or judge is satisfied that

injustice or great hardship is likely to result from the payment of the

seizure costs.

(3) Where the officer or a judge waives all or a portion of the seizure

costs, those costs are payable by the Crown.

(4) For the purposes of sections 24(7)(

a) and (8)(

c) and 24.1(3)(

a) and

(4)(

c) of the Act, if the item seized is tobacco, it must not be returned

to the person from whom it was seized or any other person unless it

was seized in error.

Unclaimed items

32(1) When an item seized is to be returned to the person from whom

it was seized under

section 24(7)(

a) or 24.1(3)(

a) of the Act, the officer

must send a notice to the person, or, in relation to a vehicle, if that

person is not the owner, the owner, by personal service or registered

mail.

(2) If the person or the owner, as the case may be, does not pay the

seizure costs and reclaim the seized item within 15 days of receipt of a

notice under subsection (1), the item is deemed abandoned.

(3) When an item is deemed abandoned under subsection (2), an

officer must send a notice of abandonment to the person or the owner,

as the case may be, by personal service or registered mail.

(4) If the person or the owner does not pay the seizure costs and

reclaim the seized item within 15 days of receipt of the notice of

abandonment, the item is forfeited to the Crown.

(5) A notice issued under this

section must include the following

information:

(

a) the name and address of the person;

(

b) the date and time the notice is issued;

(

c) the location at which the item may be reclaimed and the

contact information for the storage area;

(

d) a statement to the effect that the person or owner is liable for

the seizure costs;

(

e) a statement to the effect that the item will be deemed

abandoned or forfeited to the Crown unless the seizure costs

are paid and the item is reclaimed from the location within

the time specified.

(6) If the item seized is a vehicle, unless the service of the notice is

made personally, the notice must be sent by registered mail to the latest

address of the owner as shown in the records of the Registrar under the

Traffic Safety Act.

Application to King's Bench

33 For the purposes of sections 24(7)(

b) and 24.1(3)(

b) of the Act,

the circumstance in which the officer must make the application to the

Court of King's Bench is when the officer believes that the value of the

thing seized is more than $25 000.

Transitional, Repeal and Coming into Force

Transitional

34(1) A location that was authorized by the Minister as a mark-point

under the Tobacco Tax Regulation (AR 273/83) as it read immediately

before the coming into force of this

section is deemed to be a location

authorized by the Minister under

section 18 as it reads immediately

after the coming into force of this section.

(2) A ministerial identification card issued by the Minister to an

Indian band under the Tobacco Tax Regulation (AR 273/83) as it read

immediately before the coming into force of this

section is deemed to

be an identification card issued under

section 15(1) as it reads

immediately after the coming into force of this section.

Repeal

35 The Tobacco Tax Regulation (AR 273/83) is repealed.

Coming into force

36 This Regulation comes into force on the coming into force of

section 8(29) of the Financial Statutes Amendment Act, 2022.

Alberta Regulation 63/2023

Tourism Levy Act

TOURISM LEVY

AMENDMENT REGULATION

Filed: March 22, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 92/2023)

on March 22, 2023 pursuant to

section 40 of the Tourism Levy Act.

1 The Tourism Levy Regulation (AR 398/87) is amended by

this Regulation.

Section 1 is amended

(

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

(a.1) "band" means a band as defined in the Indian Act

(Canada);

(a.2) "calendar quarter" means a period of 3 months

beginning on the first day of January, April, July or

October;

(

b) by repealing clause (c)(ii) and substituting the

following:

(ii) an identification card issued by the Minister to a band

for the purposes of the Fuel Tax Act or the Tobacco Tax

Act;

(

c) by repealing clause (e).

Section 1.1 is amended by renumbering it as

section

1.1(1) and by adding the following after subsection (1):

(2) For the purposes of

section 1(1)(f.2) of the Act, a digital

accommodation platform is an online marketplace only if the

transactions enabled or facilitated through the platform include

accommodation provided in a residential unit.

Section 2 is repealed and the following is substituted:

Collection periods

2(1) A collection period for an operator in respect of an

establishment in respect of which the operator is required to collect a

tourism levy is,

(

a) if the operator rents or offers for rent 50 or more sleeping

rooms, a calendar month, or

(

b) if the operator rents or offers for rent fewer than 50 sleeping

rooms, a calendar quarter.

(2) In making the calculation of sleeping rooms for the purposes of

subsection (1), an operator may either

(

a) consider together as a unit all establishments in which the

operator provides accommodation, or

(

b) consider separately each establishment in which the operator

provides accommodation.

(3) A collection period for an online broker is a calendar quarter.

(4) The Minister may designate a collection period other than those

set out in subsections (1) and (3), as the case may be, in respect of an

establishment.

Section 2.1(1) and (1.1) are repealed and the following is

substituted:

Registration as operator or online broker

2.1(1) An application for registration under

section 2.1(1) of the

Act must be made in the form and manner specified by the Minister.

Section 2.2(

d) is amended

(

a) by striking out "Indian band" wherever it occurs and

substituting "band";

(

b) in subclause (ii) by striking out "an Indian reserve"

and substituting "a reserve".

Section 2.3 is repealed.

Section 3(1) is amended by striking out "An operator shall"

and substituting "Every operator and online broker shall".

Section 4.1 is amended

(

a) by repealing subsection (1) and substituting the

following:

Refund of tourism levy

4.1(1) In this section, "bad debt" means a debt owing to an

operator or online broker that is established by the operator or

online broker to have become uncollectible and that has been

included in computing the operator's or online broker's income

for the current or a preceding taxation year for the purposes of

the Income Tax Act (Canada).

(

b) in subsection (2) by adding "or online broker" after

"operator";

(

c) in subsection (7) by striking out "who is authorized by

the Minister to collect the tourism levy on behalf of an

operator under subsection 3.2(1) of the Act".

Section 6 is repealed and the following is substituted:

Security

6(1) For the purpose of ensuring that an operator or online broker

will carry out the operator's or online broker's powers, duties, rights

and obligations under the Act and this Regulation, the Minister may

require an operator or online broker to

(

a) be covered by security and provide the Minister with

evidence of that security, or

(

b) provide security to the Minister.

(2) Security shall be in a form and amount acceptable to the

Minister, but shall not exceed an amount equal to 3 times the

maximum amount of tourism levy, as estimated by the Minister, that

will be required to be remitted by the operator or online broker in a

single collection period during the term of the security.

Section 7(3) is repealed and the following is

substituted:

(3) An online broker shall maintain and keep records as required by

the Minister.

Section 8.1(1) is repealed and the following is

substituted:

Service

8.1(1) The ways in which a notice or other document may be served

on, sent to or given to a person by the Minister or an officer under

the Act include

(

a) delivering or mailing the notice or other document to the

person's place of business or last address known to the

Minister, or

(

b) leaving the notice or other document with an adult employee

at the person's place of business.

13 This Regulation comes into force on the coming into

force of

section 9(10) of the Financial Statutes Amendment

Act, 2022.

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

Alberta Regulation 64/2023

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS MARKETING

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: March 22, 2023

For information only: Made by the Alberta Chicken Producers on February 14, 2023

and approved by the Alberta Agricultural Products Marketing Council on March 9,

2023 pursuant to Sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Alberta Chicken Producers Marketing Regulation

(AR 3/2000) is amended by this Regulation.

Section 45 is amended by striking out "May 31, 2023" and

substituting "May 31, 2024".

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

Alberta Regulation 65/2023

Marketing of Agricultural Products Act

ALBERTA WHEAT COMMISSION (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: March 22, 2023

For information only: Made by the Alberta Wheat Commission on February 13,

2023 and approved by the Alberta Agricultural Products Marketing Council on March

9, 2023 pursuant to

section 26 of the Marketing of Agricultural Products Act and

section 9 of the Alberta Wheat Commission Plan Regulation (AR 134/2012).

1 The Alberta Wheat Commission Regulation

(AR 137/2012) is amended by this Regulation.

Section 14 is amended by striking out "April 30, 2023" and

substituting "April 30, 2024".

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

Alberta Regulation 66/2023

Traffic Safety Act

OPERATOR LICENSING AND VEHICLE

CONTROL AMENDMENT REGULATION

Filed: March 24, 2023

For information only: Made by the Minister of Transportation and Economic

Corridors (M.O. 9/23) on March 21, 2023 pursuant to

section 64(

b) of the Traffic

Safety Act.

1 The Operator Licensing and Vehicle Control Regulation

(AR 320/2002) is amended by this Regulation.

Section 15.1 is amended

(

a) by repealing subsection (1) and substituting the

following:

Mandatory training for Class 1 operator's licence

15.1(1) An applicant for a Class 1 operator's licence, if it is

the operator's first application for a Class 1 operator's licence,

is ineligible to take the examinations established by the

Registrar for a Class 1 operator's licence until the applicant has

successfully completed the training course established by the

Registrar in accordance with the standards established by the

Registrar for a Class 1 operator's licence.

(

b) in subsection (3) by striking out "or 2";

(

c) by repealing subsections (4) to (6).

3 Sections 15.2 and 15.3 are repealed.

4 This Regulation comes into force on April 23, 2023.

Alberta Regulation 67/2023

Education Act

SCHOOL TRANSPORTATION

AMENDMENT REGULATION

Filed: March 24, 2023

For information only: Made by the Minister of Education (M.O. 8/2023) on March

21, 2023 pursuant to

section 59 of the Education Act.

1 The School Transportation Regulation (AR 96/2019) is

amended by this Regulation.

Section 1 is amended by adding the following after clause

(a):

(a.1) "loading point" means a location where a student loads and

unloads from a school bus or any other vehicle;

3 Sections 2, 3 and 4 are repealed and the following is

substituted:

Transportation criteria

2 For the purpose of

section 59(1)(

c) of the Act, the following

criteria are established:

(

a) if the student is in grade 6 or lower, the student resides at

least 1 km from the site of the school;

(

b) if the student is in grade 7 or higher, the student resides at

least 2 km from the site of the school.

Distance from loading point

3 If the board must provide for the transportation of a student under

section 59(1) of the Act, the board must ensure that a loading point

for the transportation of the student is less than the following

distance from the student's residence:

(

a) if the student is in grade 6 or lower, 1 km;

(

b) if the student is in grade 7 or higher, 2 km.

Calculating distance

4(1) In this section,

(a) "motor vehicle" means a motor vehicle as defined in the

Traffic Safety Act but does not include an off-highway

vehicle as defined in that Act;

(b) "roadway" means any road, street, avenue, highway, lane,

alley, bridge or other place, or any part of any of them, that is

intended for the public passage of motor vehicles but

excludes a roadway or portion of a roadway that is

(

i) not developed,

(ii) privately owned, or

(iii) a sidewalk or ditch.

(2) For the purposes of calculating distances under this Regulation,

(

a) the distance of a student's residence from the site of a school

is the shortest driving distance on roadways between

(

i) the point on a roadway that is closest to the school's

main entrance doors, and

(ii) the closest roadway access to the student's residence,

and

(

b) the distance of a student's residence from a loading point for

the student is the shortest driving distance on roadways

between

(

i) the loading point, and

(ii) the closest roadway access to the student's residence.

(3) For the purposes of calculating distances under subsection (2),

the following must not be counted:

(

a) in subsection (2)(

a) and (b), any driving distance on the

property where the student's residence is located;

(

b) in subsection (2)(a), any driving distance on the site of the

school.

Section 6(2) is amended by striking out "nearest" and

substituting "closest".

Section 13 is amended by striking out "August 31, 2024"

and substituting "August 31, 2027".

6 This Regulation, except

section 5, comes into force on

September 1, 2024.

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

Alberta Regulation 68/2023

Credit Union Act

CREDIT UNION (MINISTERIAL)

AMENDMENT REGULATION

Filed: March 28, 2023

For information only: Made by the President of Treasury Board and Minister of

Finance (M.O. 22/2023) on March 28, 2023 pursuant to

section 231 of the Credit

Union Act.

1 The Credit Union (Ministerial) Regulation (AR 250/89) is

amended by this Regulation.

2 Sections 4 and 5(1) are amended by striking out "him"

and substituting "the Minister".

3 The heading "Financial Disclosure and Audit" before

section 11 and

section 11 are repealed.

4 The heading "Independence of Auditor" is added before

section 12.

Section 12(1) is amended by striking out "he" and

substituting "the person".

6 The heading "Loans" before

section 14 and

section 14

are repealed.

Section 18(1) is repealed.

8 The following is added after

section 19.1:

Expiry

19.2 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, 2027.

9(1) Sections 3 and 7 come into force on the coming into

force of

section 7(4) of the Financial Statutes Amendment

Act, 2023.

(2) Section 6 comes into force on the coming into force of

section 7(10) of the Financial Statutes Amendment Act,

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

Alberta Regulation 69/2023

Responsible Energy Development Act

ALBERTA ENERGY REGULATOR ADMINISTRATION

FEES RULES AMENDMENT REGULATION

Filed: March 29, 2023

For information only: Made by the Alberta Energy Regulator on March 16, 2023

pursuant to

section 29 of the Responsible Energy Development Act.

1 The Alberta Energy Regulator Administration Fees Rules

(AR 70/2019) are amended by this Regulation.

Section 2(2) is amended by striking out "for the 2022-2023

fiscal year is December 31, 2021" and substituting "for the

2023-2024 fiscal year is December 31, 2022".

Section 3(2) is repealed and the following is substituted:

(2) For the 2023-2024 fiscal year, the annual adjustment factor is

3.939751.

Section 4(2) is amended by striking out "$0.861248" and

substituting "$0.665085".

Section 5 is amended

(

a) in subsection (4) by striking out "4.232472" and

substituting "3.898738";

(

b) in subsection (5) by striking out "2.334535" and

substituting "2.400119";

(

c) in subsection (6) by striking out "5.695956" and

substituting "8.120532";

(

d) in subsection (7) by striking out "2.640234" and

substituting "2.883100";

(

e) in subsection (8) by striking out "12.528503" and

substituting "6.842493".

Section 5.1(2) is amended by striking out "$2.044546" and

substituting "$4.745277".

Section 5.2(2) is amended by striking out "$3.071925" and

substituting "$7.894529".

Section 5.3 is amended

(

a) by renumbering subsection (1) as subsection

(1.1) and adding the following before subsection (1.1):

(1) In this section, "franchise area", "franchise area approval",

"rural gas co-operative association", "rural gas utility" and "rural

municipal authority" have the same meaning as in the Gas

Distribution Act.

(

b) by repealing subsection (3) and substituting the

following:

(3) For the 2023-2024 fiscal year, the annual adjustment factor

is 1.339183.

(

c) by adding the following after subsection (5)(c):

(

d) when a pipeline is part of a rural gas utility, all

segments of the pipeline

(

i) operated by a rural gas co-operative association or

a rural municipal authority that is a member of the

Federation of Alberta Gas Co-operatives Ltd., and

(ii) located within a franchise area described in a

franchise area approval that was granted to the

rural gas co-operative association or the rural

municipal authority in respect of the rural gas

utility.

Section 11 is amended by striking out "March 31, 2023"

and substituting "March 31, 2024".

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

Alberta Regulation 70/2023

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION RULES

AMENDMENT REGULATION

Filed: March 29, 2023

For information only: Made by the Alberta Energy Regulator on March 16, 2023

pursuant to

section 73 of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Rules (AR 151/71) are

amended by this Regulation.

Section 16.530(1) is amended

(

a) by striking out "2022-2023" and substituting

"2023-2024";

(

b) by striking out "$72 000 000" and substituting

"$135 000 000";

(

c) by striking out "April 2, 2022" wherever it occurs and

substituting "April 1, 2023".

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

Alberta Regulation 71/2023

Civil Enforcement Act

CIVIL ENFORCEMENT AMENDMENT REGULATION

Filed: March 29, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 106/2023)

on March 29, 2023 pursuant to

section 106 of the Civil Enforcement Act.

1 The Civil Enforcement Regulation (AR 276/95) is

amended by this Regulation.

2 The following is added after

section 2:

Purchase price and market value limit

2.1 For the purposes of

section 36(3) of the Act, the prescribed

amount for the purchase price and the market value is $1500.

3 This Regulation comes into force on the coming into

force of

section 2 of the Red Tape Reduction Statutes

Amendment Act, 2023.

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

Alberta Regulation 72/2023

Personal Property Security Act

PERSONAL PROPERTY SECURITY

AMENDMENT REGULATION

Filed: March 29, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 107/2023)

on March 29, 2023 pursuant to sections 73 and 73.1 of the Personal Property Security

Act.

1 The Personal Property Security Regulation (AR 95/2001)

is amended by this Regulation.

Section 1(1)(

c) is repealed and the following is

substituted:

(c) "artificial body" means any entity that is not an individual

and includes a partnership, a corporation, an association, an

estate of a deceased individual or of a bankrupt, a trade

union, a trust, a syndicate or a joint venture;

Section 17(3) is amended by striking out "sections 19" and

substituting "sections 19.1".

4 The following is added after

section 18:

Purchase price and market value limit

18.1 For the purposes of

section 30(5)(

b) of the Act, the prescribed

amount for the purchase price and the market value is $1500.

5 The heading after

section 18.1 is repealed and the

following is substituted:

Part 3

Location of Debtor, Debtor Names and

Secured Party Names

Section 19 is repealed and the following is substituted:

Location of debtor

19(1) In this section,

(a) "chief executive office" means the place from which the

debtor manages the main part of its affairs;

(b) "organized" includes formed, incorporated, continued,

amalgamated, established and created;

(c) "place of business" means a place from which a debtor

conducts or manages its affairs;

(d) "public organic record" means a record that is available to

the public for inspection and is

(

i) a record consisting of the record initially filed with or

issued by a state or the United States of America to

form or organize an organization and any record filed

with or issued by the state or the United States of

America that amends or restates the initial record,

(ii) an organic record of a business trust consisting of the

record initially filed with a state and any record filed

with the state which amends or restates the initial

record, if a statute of the state governing business trusts

requires that the record be filed with the state, or

(iii) a record consisting of legislation enacted by the

legislature of a state or the Congress of the United

States of America that forms or organizes an

organization, any record amending the legislation and

any record filed with or issued by the state or the United

States of America that amends or restates the name of

the organization;

(e) "registered organization" means an organization formed or

organized solely under the law of the United States of

America or solely under the law of a state of the United

States of America by

(

i) the enactment of legislation by,

(ii) the filing of a public organic record with, or

(iii) the issuance of a public organic record by

the state or the United States of America and includes a

business trust that is formed or organized under the law of a

state if a statute of the state governing business trusts requires

that the business trust's organic record be filed with the state;

(f) "state" means a state of the United States of America, the

District of Columbia, Puerto Rico, the United States Virgin

Islands or a territory or insular possession subject to the

jurisdiction of the United States of America.

(2) In subsection (1)(

d) and (e), "organization" means a corporation,

business trust, estate, trust, partnership, limited liability company,

association, joint venture, government, governmental subdivision,

agency or instrumentality, public corporation or any other legal or

commercial entity.

(3) For the purposes of

section 7 of the Act, a debtor is located,

(

a) if the debtor is an individual, in the jurisdiction in which the

debtor's principal residence is located,

(

b) if the debtor is a corporation or an organization and is

incorporated, continued, amalgamated or otherwise

organized under a law of a province or territory of Canada by

(

i) the filing of a record with or the issuance of a record by

the province or territory that is available to the public

for inspection, or

(ii) the enactment of legislation,

in that province or territory,

(

c) if the debtor is a corporation incorporated, continued or

(

i) the filing of a record with or the issuance of a record by

for inspection, or

(ii) the enactment of legislation,

in the jurisdiction where the registered office or head office

of the debtor is located

(iii) as designated in the legislation,

(iv) if subclause (iii) does not apply, as designated in the

letters patent, articles or other constating instrument of

the debtor, or

(

v) if subclauses (iii) and (iv) do not apply, as designated in

the debtor's bylaws,

(

d) if the debtor is a registered organization that is organized

under the law of a state, in that state,

(

e) if the debtor is a registered organization that is organized

under the law of the United States of America,

(

i) in the state that the law of the United States of America

designates, if the law designates a state of location,

(ii) in the state that the registered organization designates, if

the law of the United States of America authorizes the

registered organization to designate its state of location,

including by designating its main office, home office or

other comparable office, or

(iii) if subclauses (

i) and (ii) do not apply, in the District of

Columbia in the United States of America,

(

f) if the debtor is a trustee acting for a trust that has only one

trustee,

(

i) if the trustee is an individual who has a principal

residence in a province or territory of Canada, in that

province or territory, or

(ii) if the trustee is a corporation or organization to which

clause (

b) or (

c) applies, in the jurisdiction determined

by those clauses,

(

g) if none of clauses (

a) to (

f) apply,

(

i) if the debtor has only one place of business, at that place

of business, or

(ii) if the debtor has more than one place of business, at its

chief executive office.

(4) For the purposes of this section, a debtor continues to be located

in the jurisdiction specified in subsection (3) notwithstanding,

(

a) in the case of a debtor who is an individual, the death or

incapacity of the individual, and

(

b) in the case of any other debtor,

(

i) the suspension, revocation, forfeiture or lapse of the

debtor's status in the debtor's jurisdiction of

incorporation, continuation, amalgamation or

organization, or

(ii) the dissolution, winding-up or cancellation of the

debtor.

Individual or business name

19.1 In specifying the name of a debtor or a secured party, the

secured party must indicate on the financing statement or the

financing change statement whether the name is that of

(

a) an individual, or

(

b) an artificial body.

Section 20(6) is amended by striking out "section 19" and

substituting "section 19.1".

Section 21(5) is amended

(

a) in clause (

a) by striking out "sections 19" and

substituting "sections 19.1";

(

b) in clause (

b) by striking out "section 19" and

substituting "section 19.1".

Section 34(1) is repealed and the following is

substituted:

Collateral description

34(1) Where a financing statement is submitted for registration in

respect of a security interest in collateral that is serial number goods,

the secured party may provide a description of the goods

(

a) by serial number in accordance with

section 35, or

(

b) in accordance with

section 36.

Section 35(1) is amended by striking out "required to be".

Section 36(1)(

b) is amended by striking out "in the case of

inventory or equipment".

Section 37 is amended

(

a) by repealing clause (a);

(

b) in clause (

b) by adding "or consumer goods" after

"equipment".

Section 68(3) is repealed.

14 The following is added after

section 68:

Transitional - location of debtor amendments

68.1(1) In this section,

(a) "former provisions" means the provisions of the Act and this

Regulation as they read immediately before the coming into

force of this section;

(b) "pre-existing security agreement" means

(

i) a security agreement entered into before the coming into

force of this section, and

(ii) a security agreement referred to in subclause (

i) that is

amended, renewed or extended by an agreement entered

into on or after the coming into force of this

section

except to the extent that the amendment, renewal or

extension adds collateral that was not described in the

security agreement in subclause (i);

(c) "pre-existing security interest" means a security interest,

other than a security interest in investment property, that

arises under a pre-existing security agreement.

(2) For the purpose of determining the location of the debtor in

order to determine the law governing the validity of a pre-existing

security interest, the former provisions continue to apply and

section

7(3) of the Act does not apply.

(3) Subject to subsections (5) and (6),

section 7(3) of the Act applies

for the purpose of determining the location of the debtor in order to

determine the law governing the perfection of a security interest

referred to in

section 7(2) of the Act, whether attachment occurs

before, on or after the coming into force of this section.

(4) A pre-existing security interest that is a perfected security

interest under the former provisions continues to be perfected

without any further act if it is a perfected security interest under the

Act on or after the coming into force of this section.

(5) A pre-existing security interest that is a perfected security

interest under the former provisions but is not a perfected security

interest under the Act on or after the coming into force of this

section

continues perfected until the earlier of the following:

(

a) the last date of perfection under the former provisions;

(

b) December 31, 2024.

(6) If a pre-existing security interest referred to in subsection (5) is

perfected under the Act on or after this

section comes into force but

before the earlier of the dates referred to in subsection (5)(

a) and (b),

the security interest is deemed to be continuously perfected from the

date of its perfection under the former provisions.

(7) Subject to subsections (9), (10) and (11),

section 7(3) of the Act

applies for the purpose of determining the location of the debtor in

order to determine the law governing the effect of perfection or of

non-perfection and the priority of a security interest referred to in

section 7(2)(

a) of the Act whether attachment occurs before, on or

after this

section comes into force.

(8) Subsections (9), (10) and (11) do not apply to a pre-existing

security interest that is a non-possessory security interest in tangible

chattel paper, a negotiable document of title, an instrument or

money.

(9) For the purpose of determining the location of the debtor in

order to determine the law governing the effect of perfection or of

non-perfection and the priority of a pre-existing security interest in

relation to an interest

(

a) arising before the coming into force of this section, and

(

b) that is not a security interest,

the former provisions continue to apply and

section 7(2) of the Act

does not apply, regardless of whether the pre-existing security

interest is perfected on or after the coming into force of this section.

(10) Subject to subsection (11), for the purpose of determining the

location of the debtor in order to determine the law governing the

priority of a pre-existing security interest in relation to any other

pre-existing security interest, the former provisions continue to apply

and

section 7(3) of the Act does not apply.

(11) If a pre-existing security interest is

(

a) not a perfected security interest under the former provisions,

and

(

b) is subsequently perfected under the Act,

section 7(3) of the Act applies for the purpose of determining the

location of the debtor in order to determine the law governing the

priority of the pre-existing security interest in relation to any other

security interest.

Transitional - location of debtor

re investment property

68.2(1) In this section,

(a) "former provisions" means the provisions of the Act and this

Regulation as they read immediately before the coming into

force of this section;

(b) "pre-existing security agreement" means

(

i) a security agreement entered into before the coming into

force of this section, and

(ii) a security agreement referred to in subclause (

i) that is

amended, renewed or extended by an agreement entered

into on or after the coming into force of this section;

(c) "pre-existing security interest" means a security interest in

investment property that arises under a pre-existing security

agreement.

(2) Subject to subsections (3), (4), (5) and (6) and

section 78 of the

Act,

section 7.1 of the Act applies for the purpose of determining the

law governing the validity, the perfection, the effect of perfection or

of non-perfection and the priority of a security interest in investment

property without regard to the date of attachment of the security

interest.

(3) For the purpose of determining the law governing the validity of

a pre-existing security interest, the former provisions continue to

apply.

(4) A pre-existing security interest that was perfected by registration

and that is a perfected security interest under the former provisions

continues to be perfected without any further act if it is a perfected

security interest under the Act on or after the coming into force of

this section.

(5) A pre-existing security interest that was perfected by registration

and that is a perfected security interest under the former provisions

but is not a perfected security interest under the Act on or after the

coming into force of this

section continues perfected until the earlier

of the following:

(

a) the last date of perfection under the former provisions;

(

b) December 31, 2024.

(6) If a pre-existing security interest referred to in subsection (5) is

perfected under the Act on or after the coming into force of this

section but before the earlier of the dates referred to in subsection

(5)(

a) and (b), the security interest is deemed to be continuously

perfected from the date of its perfection under the former provisions.

General transitional re Act and regulation amendments

68.3(1) In this section,

(a) "former provisions" means the provisions of the Act and this

Regulation as they read immediately before the coming into

force of this section;

(b) "pre-existing interest" means an interest to which the former

provisions applied;

(c) "pre-existing security interest" means a security interest that

arose under a security agreement entered into before the

coming into force of this section.

(2) Subject to sections 68.1 and 68.2, the order of priorities between

an interest that arises on or after the coming into force of this

section

and a pre-existing security interest or pre-existing interest is

determined by the Act.

(3) Subject to sections 68.1 and 68.2, the former provisions apply to

the order of priorities between

(

a) pre-existing security interests, or

(

b) a pre-existing security interest and a pre-existing interest.

15 This Regulation comes into force on the coming into

force of

section 9 of the Red Tape Reduction Statutes

Amendment Act, 2023.

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

Alberta Regulation 73/2023

Personal Property Security Act

PERSONAL PROPERTY SECURITY FORMS

AMENDMENT REGULATION

Filed: March 29, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 108/2023)

on March 29, 2023 pursuant to

section 73 of the Personal Property Security Act.

1 The Personal Property Security Forms Regulation

(AR 50/2021) is amended by this Regulation.

2 The

Schedule is amended

(

a) in Form 1 by striking out

Secured Party

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

and substituting

Secured Party

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

(

b) by repealing Form 2 and substituting the following:

Form 2

Writ of Seizure and Sale

(Federal Writ)

Civil Enforcement Act

Financing Statement

(Court Location) (Writ File Number)

This Writ authorizes enforcement proceedings in accordance with the Civil

Enforcement Act. The particulars of the Writ are as follows:

Debtor

Select one ? Business ? Individual (Occupation)

(Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

Gender ? M ? F (Birthdate if known (yyyy-mm-dd))

Creditor

Select one ? Business ? Individual

Personal Property Registry

(P.P.R.) Party Code (Business Name or Last Name)

(First Name) (Middle Name) (Street Address)

(City) (Province) (Postal Code) (Email Address)

? Additional Debtors, Creditors and/or other information listed on attached

addendum.

? If claiming priority based on an Attachment Order, indicate previous P.P.R.

Registration Number.

Date of Judgment (or date Judgment effective, if different)

(day) day of (month) , (year) .

Original Judgment $

Post Judgment Interest $

Costs $

Current Amount Owing $

Solicitor/Agent

Personal Property Registry

(P.P.R.) Party Code (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Email Address) (Telephone Number) (Fax Number)

(Call Box Number) (Reference Number)

To Register Against Serial Number Goods at Personal Property

Registry, Complete the Following:

Serial Number (Only applicable

to serial number goods,

e.g. motor vehicles) (YYYY) Make and Model Category

___________________________________________ _____________________

Name of Person Authorized to Complete Form (print) Authorized Signature

(

c) by repealing Form 3 and substituting the following:

Form 3

Writ of Seizure and Sale

(Federal Writ)

Civil Enforcement Act

Financing Statement

Addendum

(Write file number) ________

Debtor

Select one ? Business ? Individual

(Occupation) (Business Name or Last Name)

(First Name) (Middle Name)

Gender ? M ? F (Birthdate if known (yyyy-mm-dd))

(Street Address) (City) (Province) (Postal Code)

Debtor

Select one ? Business ? Individual

(Occupation) (Business Name or Last Name)

(First Name) (Middle Name)

Gender ? M ? F (Birthdate if known (yyyy-mm-dd))

(Street Address) (City) (Province) (Postal Code)

Creditor

Select one ? Business ? Individual

Personal Property Registry

(P.P.R.) Party Code (Business Name or Last Name)

(First Name) (Middle Name) (Street Address)

(City) (Province) (Postal Code) (Email Address)

Solicitor/Agent

Personal Property Registry

(P.P.R.) Party Code (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Email Address) (Telephone Number) (Fax Number)

(Call Box Number) (Reference Number)

Collateral - Serial Number Goods

Serial Number (YYYY) Make and Model Category

Additional Information

___________________________________________ _____________________

Name of Person Authorized to Complete Form (print) Authorized Signature

(

d) in Form 4 by striking out

Secured Party

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

Solicitor/Agent (If Court Order or Receiver's Report)

Personal Property Registry

(P.P.R.) Party Code (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Telephone Number) (Fax Number) (Call Box Number) (Reference Number)

and substituting

Secured Party

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

Solicitor/Agent (If Court Order or Receiver's Report)

Personal Property Registry

(P.P.R.) Party Code (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

(

e) in Form 5 by striking out

Secured Party

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

Secured Party

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

Solicitor/Agent (If Court Order or Receiver's Report)

Personal Property Registry

(P.P.R.) Party Code (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Telephone Number) (Fax Number) (Call Box Number) (Reference Number)

and substituting

Secured Party

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

Secured Party

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

Solicitor/Agent (If Court Order or Receiver's Report)

Personal Property Registry

(P.P.R.) Party Code (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Email Address) (Telephone Number) (Fax Number) (Call Box Number)

(Reference Number)

(

f) in Form 9 by striking out

Secured Party

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

and substituting

Secured Party

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

(

g) by repealing Form 10 and substituting the

following:

Form 10

Debtor/Secured Party or

Solicitor/Agent Deletions

Debtor

(Block Number) (Business Name or Last Name) (First Name) (Middle Name)

Secured Party/Solicitor/Agent

(Block Number) (Business Name or Last Name) (First Name) (Middle Name)

(

h) in Form 12 by striking out

Person Claiming Lien

Select one Business Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

and substituting

Person Claiming Lien

Select one ? Business ? Individual

(Secured

Party Code) (Business Name or Last Name) (First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

(

i) in Form 13 by striking out

Current Person Claiming Lien

(Business Name or Last Name) (First Name) (Middle Name)

and substituting

Current Person Claiming Lien

(Business Name or Last Name) (First Name) (Middle Name)

(Email Address)

(

j) by repealing Form 14 and substituting the

following:

Form 14

Global Financing

Change Statement

Current Secured Party/Solicitor/Agent/Civil Enforcement

Agent Information

(Current Party Code) (Business Name or Last Name) (First Name)

(Middle Name) (Street Address) (City) (Province)

(Postal Code)

Distribution Method - Select one

? Mail ? Call Box (Number) ? Email (Address)

? Print ? Fax (Number)

Complete either A or B below:

A. Change of Name or Address for:

?Current Secured Party ?Current Solicitor/Agent

?Current Civil Enforcement Agent

Select one ? Business ? Individual

(New Business Name or Last Name) (First Name) (Middle Name)

(New Street Address) (City) (Province) (Postal Code)

(Email Address)

B. Change of Party Code for:

? Secured Party ? Solicitor/Agent ? Civil Enforcement Agent

Select one ? Business ? Individual

(New Party Code) (New Business Name or Last Name) (First Name)

(Middle Name) (New Street Address) (City) (Province)

(Postal Code) (Email Address)

Transmitting Party

Select one ? Business ? Individual

(Secured Party Code) (New Business Name or Last Name)

(First Name) (Middle Name) (Street Address) (City)

(Province) (Postal Code) (Email Address)

(Your Reference Number)

(Authorized Signature)

(Name of Person Authorized to Complete This Form (PRINT))

(Telephone Number) (Call Box Number)

(

k) in Form 26

(

i) by striking out

Creditor

Select one Business Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name) (First Name) (Middle

Name)

(Street Address) (City) (Province) (Postal Code)

and substituting

Creditor

Select one ? Business ? Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name)

(First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

(ii) by striking out

Solicitor/Agent

(P.P.R. Party Code) (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Telephone No.) (Fax No.) (Call Box) (Your Reference No.)

and substituting

Solicitor/Agent

(P.P.R. Party Code) (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Telephone Number) (Fax Number) (Email Address) (Call Box)

(Reference Number)

(

l) in Form 27 by striking out

Creditor

Select one Business Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name) (First Name) (Middle

Name)

(Street Address) (City) (Province) (Postal Code)

Creditor

Select one Business Individual

(P.P.R. Party Code) (Business Name or Last Name) (First Name) (Middle

Name)

(Street Address) (City) (Province) (Postal Code)

and substituting

Creditor

Select one ? Business ? Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name)

(First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

Creditor

Select one ? Business ? Individual

(P.P.R. Party Code) (Business Name or Last Name)

(First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

(

m) in Form 28 by striking out

Creditor

Select one Business Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name) (First Name) (Middle

Name)

(Street Address) (City) (Province) (Postal Code)

and substituting

Creditor

Select one ? Business ? Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name)

(First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

(

n) in Form 29

(

i) by striking out

Creditor

Select one Business Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name) (First Name) (Middle

Name)

(Street Address) (City) (Province) (Postal Code)

and substituting

Creditor

Select one ? Business ? Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name)

(First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

(ii) by striking out

New Solicitor/Agent

(P.P.R. Party Code) (Name in Full)

(Street Address) (City) (Province) (Postal Code)

and substituting

New Solicitor/Agent

(P.P.R. Party Code) (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

(

o) in Form 30 by striking out

Plaintiff

Select one Business Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name) (First Name) (Middle

Name)

(Street Address) (City) (Province) (Postal Code)

Additional Defendants and Date Attachment Order Granted

Plaintiffs and/or other or date effective (if different)

information listed on attached (dd/mm/yyyy)

addendum. Amount of Attachment Order

Solicitor/Agent

(P.P.R. Party Code) (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Telephone No.) (Fax No.) (Call Box No.) (Reference No.)

and substituting

Plaintiff

Select one ? Business ? Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name)

(First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

Additional Defendants and Date Attachment Order Granted

Plaintiffs and/or other or date effective (if different)

information listed on attached (yyyy/mm/dd)

addendum. Amount of Attachment Order

Solicitor/Agent

(P.P.R. Party Code) (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Email Address) (Telephone Number) (Fax Number) (Call Box Number)

(Reference Number)

(

p) in Form 31 by striking out

Plaintiff

Select one Business Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name) (First Name) (Middle

Name)

(Street Address) (City) (Province) (Postal Code)

Plaintiff

Select one Business Individual

(P.P.R. Party Code) (Business Name or Last Name) (First Name) (Middle

Name)

(Street Address) (City) (Province) (Postal Code)

and substituting

Plaintiff

Select one ? Business ? Individual

(Personal

Property Registry

(P.P.R.) Party Code) (Business Name or Last Name)

(First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

Plaintiff

Select one ? Business ? Individual

(P.P.R. Party Code) (Business Name or Last Name)

(First Name) (Middle Name)

(Street Address) (City) (Province) (Postal Code)

(Email Address)

(

q) in Form 32

(

i) by striking out

Creditor

Individual

(Last Name) (First Name) (Middle Name)

and substituting

Creditor

? Individual

(Last Name) (First Name) (Middle Name)

(Email Address)

(ii) by striking out

Creditor/Solicitor/Agent

(Personal

Property Registry

(P.P.R.) Party Code) (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Telephone No.) (Fax No.) (Call Box No.) (Reference No.)

and substituting

Creditor/Solicitor/Agent

(Personal

Property Registry

(P.P.R.) Party Code) (Name in Full)

(Street Address) (City) (Province) (Postal Code)

(Email Address) (Telephone Number) (Fax Number) (Call Box Number)

(Reference Number)

3 This Regulation comes into force on the coming into

force of

section 9 of the Red Tape Reduction Statutes

Amendment Act, 2023.

Alberta Regulation 74/2023

Interjurisdictional Support Orders Act

Maintenance Enforcement Act

INTERJURISDICTIONAL SUPPORT ORDERS

AMENDMENT REGULATION

Filed: March 29, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 122/2023)

on March 29, 2023 pursuant to

section 46 of the Interjurisdictional Support Orders

Act and

section 45 of the Maintenance Enforcement Act.

1 The Interjurisdictional Support Orders Regulation

(AR 4/2003) is amended by this Regulation.

2 Sections 3, 6 and 13 are amended by striking out

"certified".

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

Alberta Regulation 75/2023

Provincial Court Act

PROVINCIAL COURT (VARIOUS STATUTES)

AMENDMENT REGULATION

Filed: March 29, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 124/2023)

on March 29, 2023 pursuant to sections 2.1 and 9.1 of the Provincial Court Act.

1(1) The Administrative Procedures and Jurisdiction Act

(RSA 2000 cA-3) is amended by this section.

(2) Section 10(

b) is amended

(

a) in subclause (

i) by striking out "The Provincial Court of

Alberta" and substituting "the Alberta Court of Justice";

(

b) in subclause (ii) by striking out "Provincial Court Act"

and substituting "Court of Justice Act".

2(1) The Agricultural Pests Act (RSA 2000 cA-8) is amended

by this section.

(2) Section 18(1) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

3(1) The Alberta Corporate Tax Act (RSA 2000 cA-15) is

amended by this section.

(2) Sections 76(5) and (6), 77(5)(

e) and 77.1(1) are amended

by striking out "Provincial Court" and substituting "Court of

Justice".

4(1) The Alberta Evidence Act (RSA 2000 cA-18) is

amended by this section.

(2) Section 1(

b) is amended by striking out "Provincial Court"

and substituting "Court of Justice".

5(1) The Alberta Health Care Insurance Act (RSA 2000

cA-20) is amended by this section.

(2) Section 22(24) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

6(1) The Alberta Human Rights Act (RSA 2000 cA-25.5) is

amended by this section.

(2) Section 24(1) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

7(1) The Alberta Personal Income Tax Act (RSA 2000 cA-30)

is amended by this section.

(2) Sections 79(5)(

f) and 80(1) are amended by striking out

"Provincial Court" and substituting "Court of Justice".

8(1) The Alberta Public Agencies Governance Act (SA 2009

cA-31.5) is amended by this section.

(2) Section 1(4)(

a) is amended by striking out "The Provincial

Court of Alberta" and substituting "the Alberta Court of Justice".

9(1) The Animal Protection Act (RSA 2000 cA-41) is

amended by this section.

(2) Section 1(1)(

d) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

10(1) The Arbitration Act (RSA 2000 cA-43) is amended by

this section.

(2) Section 1(1)(c)(

i) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

11(1) The Business Corporations Act (RSA 2000 cB-9) is

amended by this section.

(2) Section 250 is amended by striking out "Provincial Court"

and substituting "Court of Justice".

12(1) The Child, Youth and Family Enhancement Act

(RSA 2000 cC-12) is amended by this section.

(2) Sections 1(1)(

h) and 126.11(1) are amended by striking

out "Provincial Court" and substituting "Court of Justice".

13(1) The Civil Enforcement Act (RSA 2000 cC-15) is

amended by this section.

(2) Section 4(

b) is amended by striking out "Provincial Court"

and substituting "Court of Justice".

14(1) The Civil Forfeiture Act (SA 2001 cC-15.2) is amended

by this section.

(2) Section 54 is amended by striking out "Provincial Court"

and substituting "Court of Justice".

15(1) The Condominium Property Act (RSA 2000 cC-22) is

amended by this section.

(2) Section 36(1)(

a) is amended by striking out "Provincial

Court Act" wherever it occurs and substituting "Court of

Justice Act".

16(1) The Condominium Property Amendment Act, 2014

(SA 2014 c10) is amended by this section.

(2) Section 27(

a) in the new

section 36(1)(a)(ii) is amended

by striking out "Provincial Court Act" and substituting "Court of

Justice Act".

17(1) The Conflicts of Interest Act (RSA 2000 cC-23) is

amended by this section.

(2) The

Schedule is amended in

Part 1 by striking out "The

Provincial Court of Alberta" and substituting "the Alberta Court of

Justice".

18(1) The Consumer Protection Act (RSA 2000 cC-26.3) is

amended by this section.

(2) Section 7.4(1) is repealed and the following is

substituted:

Court of Justice

7.4(1) Subject to the jurisdiction of the Court of Justice, an action

under

section 7.1(5) may be commenced under

Part 4 of the Court of

Justice Act and the regulations under that Act.

(3) Section 14(1) is repealed and the following is

substituted:

Court of Justice

14(1) Subject to the jurisdiction of the Court of Justice, an action

under

section 13(1) may be commenced under

Part 4 of the Court of

Justice Act.

(4) Section 50(2) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

(5) Section 57.5 is repealed and the following is

substituted:

Court of Justice

57.5 Subject to the jurisdiction of the Court of Justice, an action

under

section 57.4 may be commenced under

Part 4 of the Court of

Justice Act.

(6) Section 58(

j) is amended by striking out "Provincial Court"

wherever it occurs and substituting "Court of Justice".

(7) Section 142.2 is repealed and the following is

substituted:

Court of Justice

142.2 Subject to the jurisdiction of the Court of Justice, an action

under

section 142.1(1) may be commenced under

Part 4 of the Court

of Justice Act.

19(1) The Cooperatives Act (SA 2001 cC-28.1) is amended

by this section.

(2) Section 363(4) is amended by striking out "Provincial

Court of Alberta" and substituting "Alberta Court of Justice".

20(1) The Drug-endangered Children Act (SA 2006 cD-17) is

amended by this section.

(2) Section 1(1)(

b) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

21(1) The Education Act (SA 2012 cE-0.3) is amended by

this section.

(2) Sections 8(1)(

a) and 48(1)(

n) are amended by striking

out "Provincial Court" and substituting "Court of Justice".

22(1) The Election Act (RSA 2000 cE-1) is amended by this

section.

(2) Section 154(2) is amended by striking out "The Provincial

Court of Alberta" and substituting "the Alberta Court of Justice".

23(1) The Electronic Transactions Act (SA 2001 cE-5.5) is

amended by this section.

(2) Section 1(1)(h)(ix) is amended by striking out "The

Provincial Court of Alberta" and substituting "the Alberta Court of

Justice".

24(1) The Emissions Management and Climate Resilience

Act (SA 2003 cE-7.8) is amended by this section.

(2) Section 1(b.3) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

(3) Section 20(2), (6)(c), (9) and (10) are amended by striking

out "The Provincial Court of Alberta" and substituting "the

Alberta Court of Justice".

(4) Section 25(5) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

25(1) The Employment Standards Code (RSA 2000 cE-9) is

amended by this section.

(2) Section 69(1)(

c) is amended by striking out "Chief Judge

of The Provincial Court of Alberta, judges of The Provincial Court of

Alberta" and substituting "Chief Justice of the Alberta Court of

Justice, judges of the Alberta Court of Justice".

26(1) The Engineering and Geoscience Professions Act

(RSA 2000 cE-11) is amended by this section.

(2) Section 53(2) is amended by striking out "Provincial

Court" and substituting "the Court of Justice".

27(1) The Environmental Protection and Enhancement Act

(RSA 2000 cE-12) is amended by this section.

(2) Section 194(

a) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

(3) Section 206(2), (6)(c), (9) and (10) are amended by

striking out "The Provincial Court of Alberta" and substituting

"the Alberta Court of Justice".

(4) Section 250(5) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

28(1) The Family Law Act (SA 2003 cF-4.5) is amended by

this section.

(2) Sections 1(

e) and 3(2) and (3) are amended by striking

out "Provincial Court" and substituting "Court of Justice".

29(1) The Farm Implement and Dealership Act (RSA 2000

cF-7) is amended by this section.

(2) Section 22(1) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

30(1) The Fatality Inquiries Act (RSA 2000 cF-9) is amended

by this section.

(2) Section 34 is amended

(

a) by repealing clause (

a) and substituting the

following:

(a) "Chief Justice" means the Chief Justice of the Alberta

Court of Justice;

(

b) in clauses (

b) and (

c) by striking out "The Provincial

Court of Alberta" and substituting "the Alberta Court of

Justice".

(3) Section 35(3) is amended by striking out "Chief Judge"

and substituting "Chief Justice".

(4) Section 38(4) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

31(1) The Film and Television Tax Credit Act (SA 2019

cF-11.3) is amended by this section.

(2) Section 11(1) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

32(1) The Financial Administration Act (RSA 2000 cF-12) is

amended by this section.

(2) Section 98(1)(

b) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

33(1) The Financial Consumers Act (RSA 2000 cF-13) is

amended by this section.

(2) Section 26(2)(

a) is amended

(

a) by striking out "The Provincial Court of Alberta" and

substituting "the Alberta Court of Justice";

(

b) by striking out "Provincial Court Act" and substituting

"Court of Justice Act".

(3) Section 30(1) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

34(1) The Freedom of Information and Protection of Privacy

Act (RSA 2000 cF-25) is amended by this section.

(2) Sections 1(p)(ix) and 4(1)(

a) and (3) are amended by

striking out "The Provincial Court of Alberta" and substituting

"the Alberta Court of Justice".

35(1) The Fuel Tax Act (SA 2006 cF-28.1) is amended by

this section.

(2) Section 50(1) is amended by striking out "Provincial

Court" wherever it occurs and substituting "Court of Justice".

36(1) The Fur Farms Act (RSA 2000 cF-30) is amended by

this section.

(2) Section 3(3) is amended by striking out "Provincial Court"

and substituting "Court of Justice".

37(1) The Government Organization Act (RSA 2000 cG-10)

is amended by this section.

(2) Schedule 11 is amended in

section 14(1)(

d) by striking

out "The Provincial Court of Alberta" and substituting "the

Alberta Court of Justice".

38(1) The Interactive Digital Media Tax Credit Act (SA 2018

cI-3.1) is amended by this section.

(2) Section 12(1) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

39(1) The Interjurisdictional Support Orders Act (SA 2002

cI-3.5) is amended by this section.

(2) Section 23(

a) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

40(1) The

Interpretation Act (RSA 2000 cI-8) is amended by

this section.

(2) Section 28(1) is amended

(

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

(j.1) "Court of Justice" means the Alberta Court of Justice;

(

b) by repealing clause (xx);

(

c) in clause (yy) by striking out "Provincial Court" and

substituting "Court of Justice".

41(1) The Investing in a Diversified Alberta Economy Act

(SA 2016 cI-10.5) is amended by this section.

(2) Section 72(4) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

42(1) The Judgment Interest Act (RSA 2000 cJ-1) is

amended by this section.

(2) Section 1(

a) is amended by striking out "The Provincial

Court of Alberta" and substituting "the Alberta Court of Justice".

43(1) The Judicature Act (RSA 2000 cJ-2) is amended by

this section.

(2) Sections 23(1)(a)(iii) and (b)(iii) and 23.1(5.1) and (6) are

amended by striking out "Provincial Court" and substituting

"Court of Justice".

(3) Section 28.2(1)(

c) is repealed and the following is

substituted:

(

c) the Chief Justice of the Alberta Court of Justice or a judge of

the Court of Justice designated by the Chief Justice of the

Alberta Court of Justice;

(4) Section 30(a.1) and (

b) are amended by striking out

"Provincial Court Act" and substituting "Court of Justice Act".

(5) Section 31(1)(

c) is repealed and the following is

substituted:

(

c) the Chief Justice of the Alberta Court of Justice or a

designate of the Chief Justice,

(6) Section 34 is amended

(

a) in subsection (1)(

a) by striking out "Chief Judge of the

Provincial Court" and substituting "Chief Justice of the

Court of Justice";

(

b) in subsection (2)

(

i) by striking out "The Chief Judge or the Chief

Justice" and substituting "The Chief Justice of the

Court of Justice or the Chief Justice of the Court of

King's Bench";

(ii) by striking out "Chief Judge's or Chief Justice's

attention" and substituting "attention of the

applicable Chief Justice";

(

c) in subsection (3) by striking out "Chief Judge" and

substituting "Chief Justice of the Court of Justice";

(

d) in subsection (6)

(

i) in clause (

b) by striking out "Chief Judge of the

Provincial Court" and substituting "Chief Justice of

the Court of Justice";

(ii) by striking out "the Judicial Council, the Chief

Justice or the Chief Judge" and substituting "the

Judicial Council or the applicable Chief Justice".

(7) Section 41.1 is amended

(

a) in subsection (1)

(

i) in clause (a)

(

A) in subclause (

i) by striking out "Provincial

Court Act" and substituting "Court of Justice

Act";

(

B) in subclauses (i.1) and (i.2)

(

I) by striking out "Chief Judge" and

substituting "Chief Justice";

(II) by striking out "Provincial Court Act"

and substituting "Court of Justice Act";

(ii) in clause (c)

(

A) by repealing subclause (

i) and substituting

the following:

(

i) in respect of a judge, the Chief Justice, the

Deputy Chief Justice or an Assistant Chief

Justice of the Alberta Court of Justice;

(

B) in subclause (ii) by striking out "Chief Judge

of the Provincial Court of Alberta" and

substituting "Chief Justice of the Alberta Court

of Justice";

(

b) in subsection (2) by striking out "Provincial Court Act"

and substituting "Court of Justice Act".

(8) Section 41.2(2) is amended by striking out "Provincial

Court Act" and substituting "Court of Justice Act".

(9) Section 47(4) is amended by striking out "Provincial

Court" wherever it occurs and substituting "Court of Justice".

(10) Section 49(

b) is repealed and the following is

substituted:

(b) "courtroom" means any place where a judge of the Court of

Appeal, Court of King's Bench or Court of Justice or a

justice of the peace holds court;

44(1) The Jury Act (RSA 2000 cJ-3) is amended by this

section.

(2) Section 4(

d) is repealed and the following is substituted:

(

d) judges of the Court of Appeal, Court of King's Bench and

Court of Justice and justices of the peace, whether retired or

not;

45(1) The Justice of the Peace Act (RSA 2000 cJ-4) is

amended by this section.

(2) Section 1(

a) is repealed and the following is substituted:

(a) "Chief Justice" means the Chief Justice of the Alberta Court

of Justice;

(3) Section 4(4) to (4.2) are amended by striking out "Chief

Judge" wherever it occurs and substituting "Chief Justice".

(4) Section 5(2)(

c) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

(5) Section 6 is amended

(

a) in subsection (2) by striking out "Provincial Court Act"

and substituting "Court of Justice Act";

(

b) in subsection (4) by striking out "Provincial Court"

and substituting "Court of Justice".

(6) Sections 7.1(2) to (4) and (9.1) and 7.2(2) to (4) and

(8.1) are amended by striking out "Chief Judge" wherever it occurs

and substituting "Chief Justice".

(7) Section 9 is amended

(

a) in subsection (1)

(

i) by striking out "Chief Judge of the Provincial Court"

and substituting "Chief Justice";

(ii) by striking out "supernumerary judge of the

Provincial Court" and substituting "supernumerary

judge of the Court of Justice";

(

b) in subsection (2) by striking out "Chief Judge" and

substituting "Chief Justice".

(8) Section 10.1(

b) is amended by striking out "Provincial

Court of Alberta" and substituting "Alberta Court of Justice".

(9) Section 11 is amended by striking out "Chief Judge of the

Provincial Court" and substituting "Chief Justice".

(10) Section 12 is amended

(

a) in subsection (1)(

b) by striking out "Provincial Court

Act" and substituting "Court of Justice Act";

(

b) in subsection 2(

a) and (

b) by striking out "Provincial

Court" and substituting "Court of Justice".

(11) Section 13 is repealed and the following is substituted:

Court of Justice Act

13 Sections 9.21, 9.5 and 9.51 of the Court of Justice Act apply to a

justice of the peace in the same manner as if the justice of the peace

were a judge of the Court of Justice.

46(1) The Labour Relations Code (RSA 2000 cL-1) is

amended by this section.

(2) Section 67.1(1)(

a) is amended

(

a) in subclause (iii) by striking out "The Provincial Court

of Alberta" and substituting "the Alberta Court of

Justice";

(

b) in subclause (iv) by striking out "Provincial Court Act"

and substituting "Court of Justice Act".

47(1) The Languages Act (RSA 2000 cL-6) is amended by

this section.

(2) Section 4(1)(

d) is amended by striking out "The Provincial

Court of Alberta" and substituting "the Alberta Court of Justice".

48(1) La Loi Linguistique (RSA 2000 cL-6) est modifi‚e par

cet article.

(2) L'article 4(1)(

d) est modifi‚e par la suppression de

l'expression "la cour provinciale de l'Alberta" et son

remplacement par "la cour de justice de l'Alberta".

49(1) The Legal Profession Act (RSA 2000 cL-8) is amended

by this section.

(2) Section 33(

a) is amended by striking out "Provincial Court

of Alberta" and substituting "Court of Justice".

(3) Sections 38(2)(

c) is amended by striking out "Chief Judge

of the Provincial Court" and substituting "Chief Justice of the

Court of Justice".

(4) Sections 44(1) and (2), 48(1)(a)(iv), 85(1), 105 and

106(2)(

l) are amended by striking out "Provincial Court" and

substituting "Court of Justice".

50(1) The Maintenance Enforcement Act (RSA 2000 cM-1) is

amended by this section.

(2) Section 10.2 is amended

(

a) by repealing subsection (1) and substituting the

following:

Court of Justice jurisdiction preserved

10.2(1) The filing of a maintenance agreement with the Court

of King's Bench pursuant to

section 10.1 does not affect the

rights of the parties to the agreement to apply to the Court of

Justice for a maintenance order.

(

b) in subsection (2) by striking out "Provincial Court"

wherever it occurs and substituting "Court of Justice".

(3) Section 16(2) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

51(1) The Mandatory Testing and Disclosure Act (SA 2006

cM-3.5) is amended by this section.

(2) The following provisions are amended by striking out

"Provincial Court" wherever it occurs and substituting "Court

of Justice":

section 1(q);

section 3(1) and (4) to (8);

section 4(1), (2), (3)(k), (4) and (5);

section 5(1) to (5);

section 6(1);

section 11(1) to (5);

section 16(2)(

c) and (4).

52(1) The Mental Health Act (RSA 2000 cM-13) is amended

by this section.

(2) Sections 10(1), (1.1) and (7) and 11(1), (2) and (5) to

(7) are amended by striking out "Provincial Court" wherever it

occurs and substituting "Court of Justice".

53(1) The Mental Health Services Protection Act (SA 2018

cM-13.2) is amended by this section.

(2) Sections 14, 15(1) and 17(1) are amended by striking out

"Provincial Court" wherever it occurs and substituting "Court

of Justice".

54(1) The Metis Settlements Act (RSA 2000 cM-14) is

amended by this section.

(2) Section 66(2) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

55(1) The Mobile Home Sites Tenancies Act (RSA 2000

cM-20) is amended by this section.

(2) Section 1(1)(c)(

i) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

(3) The heading preceding

section 53 is amended by

striking out "Provincial Court" and substituting "Court

of Justice".

(4) Section 53(1) is amended

(

a) by striking out "Provincial Court" and substituting

"Court of Justice";

(

b) in clause (

a) by striking out "Provincial Court Act" and

substituting "Court of Justice Act".

(5) Section 54 is amended

(

a) by striking out "Provincial Court Act" and substituting

"Court of Justice Act";

(

b) by striking out "Provincial Court" wherever it occurs

and substituting "Court of Justice".

(6) Sections 55(1), 56(1) and (2), 57, 58(1), (2)(

a) and (4) and

59(1) and (2) are amended by striking out "Provincial Court"

wherever it occurs and substituting "Court of Justice".

(7) Section 59.8(

b) is amended by striking out "Provincial

Court Act" and substituting "Court of Justice Act".

(8) Section 65(

a) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

56(1) The Motor Vehicle Accident Claims Act (RSA 2000

cM-22) is amended by this section.

(2) Section 1(a.1) is amended by striking out "Provincial

Court" and substituting "Court of Justice".

(3) Section 4(6)(

b) is amended

(

a) by striking out "Provincial Court" and substituting

"Court of Justice";

(

b) by striking out "Provincial Court Act" and substituting

"Court of Justice Act".

(4) Section 16(1)(b)(ii) is amended

(

a) by striking out "judgment of the Provincial Court" and

substituting "judgment of the Court of Justice";

(

b) by striking out "Provincial Cour

Document details

CollectionAlberta — Gazette
Citation15 April 2023
Typegazette
Volume / chapter07 Apr15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifier2b3fc8bfc92e428ad17dc9e4e9cd7f304182dc0c

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