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