Alberta Regulation 126/96

Dairy Board Act

MINIMUM MILK PRICE ORDER

Filed: July 2, 1996

Made by the Alberta Energy and Utilities Board (Order U96064 ) pursuant to

section 12 of the Dairy Board Act.

Alberta Regulation 127/96

Apprenticeship and Industry Training Act

WAREHOUSING OCCUPATION REGULATION

Filed: July 3, 1996

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 37(2) of the Apprenticeship and Industry Training Act.

Table of Contents

Definitions 1

Constitution of the occupation 2

Tasks, activities and functions 3

Entrance requirement of a trainee 4

Occupational certificate 5

Previous experience 6

Coming into force 7

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Apprenticeship and Industry Training Act;

(b) "occupation" means the occupation of warehousing that is

designated as a designated occupation pursuant to

section 36 of the Act;

(c) "Registrar" means a person who is recognized by the Board as

the Registrar for the occupation;

(d) "sponsor" means a person who has knowledge of and is able to

verify the skills and work experience of a trainee or other person in the

occupation;

(e) "trainee" means a person who is a trainee in the occupation;

(f) "training program" means a training program in the occupation

that is approved by the Board consisting of,

(

i) in the case of the warehousing-basic branch of the

occupation,

(

A) a term of at least 12 months during

which a trainee must complete at least 1500 hours of work experience in the

occupation under which the trainee acquires skill and knowledge in the

occupation,

(

B) the formal training that is approved by

the Board, and

(

C) the taking of one or more examinations

as required by the Board for the purposes of determining whether the

trainee has acquired the skill and knowledge that is expected of a person

who holds an occupational certificate in the warehousing-basic branch of

the occupation,

(ii) in the case of the warehousing-intermediate branch

of the occupation,

(

A) the successful completion of the

requirements for the warehousing-basic branch of the occupation,

(

B) a term of at least 12 months that is in

addition to the term required under the warehousing-basic branch of the

occupation during which a trainee must complete at least 1500 hours of work

experience in the occupation under which the trainee acquires skill and

knowledge in the occupation,

(

C) the formal training that is approved by

the Board, and

(

D) the taking of one or more examinations

as required by the Board for the purposes of determining whether the

trainee has acquired the skill and knowledge that is expected of a person

who holds an occupational certificate in the warehousing-intermediate

branch of the occupation,

and

(iii) in the case of the warehousing-technician branch of

the occupation,

(

A) the successful completion of the

requirements for the warehousing-intermediate branch of the occupation,

(

B) a term of at least 12 months that is

in addition to the terms required under the warehousing-basic branch and

the warehousing-intermediate branch of the occupation during which a

trainee must complete at least 1500 hours of work experience in the

occupation under which the trainee acquires skill and knowledge in the

occupation,

(

C) the formal training that is approved by

the Board, and

(

D) the taking of one or more examinations

as required by the Board for the purposes of determining whether the

trainee has acquired the skill and knowledge that is expected of a person

who holds an occupational certificate in the warehousing-technician branch

of the occupation.

Constitution of the occupation

2 The undertakings set out in

section 2 of the

Schedule constitute the

occupation.

Tasks, activities and functions

3 When practising or otherwise carrying out work in the occupation, the

tasks, activities and functions set out in

section 3 of the

Schedule come

within the occupation.

Entrance requirement of a trainee

4 The entrance requirement for a person to enter into a training program

is the completion of an Alberta grade 10 education or equivalent and

employment in the occupation.

Occupational certificate

5(1) In order for a trainee to be eligible to be granted an occupational

certificate under

section 36(2)(

a) of the Act, the trainee must

(

a) to the satisfaction of the Board, successfully complete the

formal training and examinations required under the training program, and

(

b) be given a satisfactory report by the trainee's sponsor that

the trainee has successfully completed the number of hours of work

experience required under the training program.

(2) Notwithstanding that a person does not qualify under

section 36(2)(

a) of the Act to be granted an occupational certificate, a person may not

later than August 1, 1997 be granted an occupational certificate under

section 36(2)(

b) of the Act if,

(

a) in the case of the warehousing-basic branch of the occupation,

the person satisfies the Registrar that the person has acquired a minimum

of 5 years of experience in the occupation;

(

b) in the case of the warehousing-intermediate branch of the

occupation, the person satisfies the Registrar that the person has acquired

a minimum of 5 years of experience in the occupation during which the

person has carried out the undertakings that are expected of a person who

holds an occupational certificate in the warehousing-intermediate branch of

the occupation;

(

c) in the case of the warehousing-technician branch of the

occupation, the person

(

i) satisfies the Registrar that the person has

acquired a minimum of 5 years of experience in the occupation during which

the person has carried out the undertakings that are expected of a person

who holds an occupational certificate in the warehousing-technician branch

of the occupation, and

(ii) successfully completes one or more examinations

that are set or recognized by the Board.

(3) For the purposes of subsection (2) of this section, before a person is

granted an occupational certificate under

section 36(2)(

b) of the Act, that

person's sponsor must verify to the Registrar that the person has met the

requirements of subsection (2)(a), (

b) or (c)(i), as the case may be, of

this section.

(4) Notwithstanding that a person does not qualify under

section 36(2)(

a) of the Act to be granted an occupational certificate, a person may be

granted an occupational certificate under

section 36(2)(

b) of the Act if

the person

(

a) satisfies the Registrar that the person has a certificate or

document issued in another jurisdiction for a vocation that is

substantially similar to the occupation, and

(

b) successfully completes one or more examinations that are set or

recognized by the Board.

Previous experience

6 For the purposes of

section 5(1)(

b) and (3), a trainee's sponsor may

take into consideration any previous work experience in the occupation

acquired by the trainee while the trainee was previously employed or

supervised by another person.

Coming into force

7 This Regulation comes into force on August 1, 1996.

SCHEDULE

1 In this Schedule, "commodities" includes any product, substance or

organism pertaining to

(

a) consumer services or products;

(

b) agricultural services or products;

(

c) transportation services or products;

(

d) natural resource products;

(

e) manufacturing products.

2 The undertakings that constitute the occupation are the shipping,

receiving, issuing, handling, storing, product identification, purchasing,

accounting for and material management of commodities.

3 When practising or otherwise carrying out work in the occupation, the

following tasks, activities and functions come within the occupation:

(

a) using tools for the purposes of dispensing, measuring and

cutting commodities;

(

b) operating powered and non-powered lifting and moving equipment

and devices;

(

c) using electronic and non-electronic location, identification

and communication systems;

(

d) operating mobile equipment and devices;

(

e) wrapping, packaging and strapping commodities;

(

f) using storage equipment;

(

g) cleaning facilities, equipment and tools.

Alberta Regulation 128/96

Public Utilities Board Act

GENERAL ASSESSMENT ORDER FOR THE FISCAL YEAR 1996-1997

Filed: July 4, 1996

Made by the Alberta Energy and Utilities Board (Order U96044) pursuant to

section 10(3) of the Alberta Energy and Utilities Board Act and

section

20.1(2) and (3) of the Public Utilities Board Act.

Alberta Regulation 129/96

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 289/96) pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans Act.

1 The Local Authorities Pension Plan (Alta. Reg. 366/93) is amended by

this Regulation.

Schedule 2

Part 1 is amended by striking out "Alberta Blue Cross" and

substituting "ABC Benefits Corporation".

3 This Regulation comes into force on the coming into force of the ABC

Benefits Corporation Act.

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

Alberta Regulation 130/96

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION

Filed: July 15, 1996

Made by the Lieutenant Governor in Council (O.C. 290/96) pursuant to

Schedule 2,

section 4 of the Public Sector Pension Plans Act.

1 The Public Service Pension Plan (Alta. Reg. 368/93) is amended by this

Regulation.

Part 2 of

Schedule 2 is amended by repealing Item 8 and substituting

the following:

8 The Alberta Gaming and Liquor Commission,

3 This Regulation comes into force on the Proclamation of

section 2 of

the Gaming and Liquor Act.

Alberta Regulation 131/96

Public Sector Pension Plans Act

UNIVERSITIES ACADEMIC PENSION PLAN AMENDMENT REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 291/96) pursuant to

Schedule 3,

section 4 of the Public Sector Pension Plans Act.

1 The Universities Academic Pension Plan (Alta. Reg. 370/93) is amended

by this Regulation.

Section 16(2) is amended

(

a) in clause (

a) by striking out "to July 31, 1996" and "and";

(

b) by repealing clause (b).

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

Alberta Regulation 132/96

Public Sector Pension Plans Act

UNIVERSITIES ACADEMIC PENSION PLAN AMENDMENT REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 292/96) pursuant to

Schedule 3,

section 4 of the Public Sector Pension Plans Act.

1 The Universities Academic Pension Plan (Alta. Reg. 370/93) is amended

by this Regulation.

Section 18 is amended by renumbering it as

section 18(1) and by adding

the following after subsection (1):

(2) Notwithstanding anything in

section 14, if, with respect to a

person who was on a leave without salary, leave with partial salary or

educational leave, the time within which it is possible to have the leave

taken into account as pensionable service on a current service basis has

lapsed, the person may, subject to

Part 4, have the leave treated as prior

service.

Alberta Regulation 133/96

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN

AMENDMENT REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 293/96) pursuant to

Schedule 5,

section 4 of the Public Sector Pension Plans Act.

1 The Management Employees Pension Plan (Alta. Reg. 367/93) is amended by

this Regulation.

Part 2 of

Schedule 2 is amended by repealing Item (

c) and substituting

the following:

(

c) The Alberta Gaming and Liquor Commission,

3 This Regulation comes into force on the Proclamation of

section 2 of

the Gaming and Liquor Act.

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

Alberta Regulation 134/96

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN

AMENDMENT REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 294/96) pursuant to

Schedule 5,

section 4 of the Public Sector Penion Plans Act.

1 The Management Employees Pension Plan (Alta. Reg. 367/93) is amended by

this Regulation.

Section 118 is amended by striking out "months of April, May and June"

and substituting "remainder of".

Alberta Regulation 135/96

Surrogate Court Act

Dependent Adults Act

SURROGATE RULES AMENDMENT REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 299/96) pursuant to

section 19 of the Surrogate Court Act and

section 69 of the Dependent

Adults Act.

1 The Surrogate Rules (Alta. Reg. 130/95) are amended by this Regulation.

Section 16(8)(

a) is amended by striking out "and in exhibit A" and

substituting "and is exhibit A".

Section 26(1)(

b) is amended by striking out "or Form NC 24" and

substituting ", Form NC 24 or Form NC 24.1".

Section 38(3)(

b) is amended by striking out "7 days" and substituting

"6 days".

5(1)

Schedule 3 is amended by this section.

(2) Form NC 2 is amended

(

a) by striking out "Schedules" and substituting "Schedules

Attached";

(

b) by striking out "Documents" and substituting "Documents

Attached".

(3) Form NC 3 is amended by adding "(Who require notice under the

Matrimonial Property Act)" after "FORMER SPOUSES".

(4) Form NC 11 is amended by striking out "AFFIDAVIT OF EXECUTION OF

__________" and substituting the following:

ESTATE NAME

DOCUMENT AFFIDAVIT OF WITNESS

TO SIGNATURE ON _________

DEPONENT'S NAME

DATE OF AFFIDAVIT

(5) Form NC 24.1 is amended

(

a) by striking out "Notice to the Public Trustee" and

substituting the following:

Notice to the Public Trustee on Behalf of ______

(

b) by striking out

a minor at the date of death of the deceased

Name: __________

Address: __________

and substituting

a minor at the date of death of the deceased

Name: __________

Address: __________

Date of birth: __________

(

c) by striking out

the deceased was survived by a minor child of the deceased

Name: __________

Address: __________

and substituting

the deceased was survived by a minor child of the deceased

Name: __________

Address: __________

Date of birth: __________

(6) Form NC 34 is repealed and Forms NC 34 and NC 34.1 set out in the

Schedule to this Regulation are substituted.

(7) Form NC 35 is amended by striking out "SWORN OR AFFIRMED" and

substituting "DECLARED".

(8) Form C 3.1 set out in the

Schedule to this Regulation is added after

Form C 3.

(9) Form C 6 is amended

(

a) by striking out "Schedules" and substituting "Schedules

Attached";

(

b) by striking out "Documents" and substituting "Documents

Attached".

(10) Form ACC 3 is amended by striking out "Notice of objection" and

substituting the following:

Notice of Objection or Consent

(11) Form ACC 5.1 is amended by striking out everything following

section

6 and substituting the following:

7. __________

Accounting firm Date

Accountant: ______________

Firm Name: ______________

Complete address: __________

Phone: _________________

Fax: ___________________

File no.: _________________

(12) Form ACC 5.2 is amended by striking out everything following

section

7 and substituting the following:

Accounting firm Date

Accountant: ______________

Firm Name: ______________

Complete address:__________

Phone: _________________

Fax: ___________________

File no.: _________________

(13) Form DA 12 is amended by striking out "This document requires an

affidavit of execution. Use Form NC 11.".

(14) Form DA 17 is amended

(

a) in

section 3.1 by striking out "DA 10" and substituting "DA

16";

(

b) in

section 3.2 by striking out "DA 11" and substituting "DA

17".

6 This Regulation comes into force on July 15, 1996.

SCHEDULE

NC 34

NOTICE TO CREDITORS AND CLAIMANTS

Estate of __________ who died on __________

If you have a claim against this estate, you must file your claim by

_____________________________ with __________ at __________ and provide

details of your claim.

If you do not file by the date above, the estate property can lawfully be

distributed without regard to any claim you may have.

NC 34.1

COURT FILE NUMBER __________

COURT Surrogate Court

of Alberta

JUDICIAL DISTRICT ______________

ESTATE NAME ______________

DOCUMENT Statutory Declaration

of Publication

EXHIBIT ATTACHED Advertisement

THE DECLARANT SWEARS UNDER OATH OR AFFIRMS THAT THE INFORMATION IN THIS

STATUTORY DECLARATION IS WITHIN THE DECLARANT'S KNOWLEDGE AND IS TRUE.

WHERE THE INFORMATION IS BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS

STATED.

1. The declarant's name and complete address is __________.

2. The declarant states that, on examination of the (newspaper name), a

newspaper published in Alberta, true copies of the

attached advertisement, marked as Exhibit A, appeared in the following

issues of the newspaper:

2.1 (date of issue)

2.2 (date of issue)

DECLARED BEFORE A COMMISSIONER FOR OATHS AT , ALBERTA,

ON .

Declarant Commissioner's Name:

Appointment Expiry Date:

C 3.1

COURT FILE NUMBER ______________

COURT Surrogate Court

of Alberta

JUDICIAL DISTRICT ______________

ESTATE NAME ______________

WITHDRAWAL AND DISCHARGE OF CAVEAT

Caveator(s)

1. The caveator(

s) name(

s) and address(es) and occupation(

s) are

__________.

2. The caveator(

s) acknowledge that they have no further interest under

the caveat dated __________.

3. The caveator(

s) withdraw the caveat. (Use if caveators withdraw.)

4. The caveat is discharged. (Use if Court discharges the caveat.)

CAVEAT SIGNED BY

Caveator Witness

Lawyers for the Caveator(

s) Lawyer responsible: _________

Firm name: ______________

Complete address:__________

Phone: _________________

Fax: ___________________

File no.: _________________

JUDGE OF THE SURROGATE COURT

OF ALBERTA

ENTERED AT _________, ALBERTA ON ____________

_______________________________________________

CLERK OF THE SURROGATE COURT

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

Alberta Regulation 136/96

Government Organization Act

ENVIRONMENTAL RESEARCH CENTRE TRANSFER REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 304/96) pursuant to

sections 17 and 18 of the Government Organization Act.

1(1) The responsibility for the administration of the Alberta

Environmental Centre Program except for the Agriculture Research Program at

the Alberta Environmental Centre is transferred to the Minister responsible

for Science and Research.

(2) The responsibility for the administration of the Agriculture Research

Program at the Alberta Environmental Centre is transferred to the Minister

of Agriculture, Food and Rural Development.

(3) The responsibility for that part of the public service directly

employed in the Alberta Environmental Centre Program is transferred to the

Minister responsible for Science and Research.

(4) The responsibility for the administration of 62% of the unexpended

balance of element 4.1.1 - Research and Scientific Support of the operating

expense supply vote and the responsibility for the administration of the

unexpended balance of element 4.1.1 - Research and Scientific Support of

the capital investment supply vote, of the 1996-97 Government appropriation

for Environmental Protection is transferred to the Minister responsible for

Science and Research.

(5) The responsibility for the administration of 18% of the unexpended

balance of element 4.1.1 - Research and Scientific Support of the operating

expense supply vote of the 1996-97 Government appropriation for

Environmental Protection is transferred to the Minister of Agriculture,

Food and Rural Development.

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

Alberta Regulation 137/96

Environmental Protection and Enhancement Act

WASTEWATER AND STORM DRAINAGE AMENDMENT REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 305/96) pursuant to

section 82 of the Environmental Protection and Enhancement Act.

1 The Wastewater and Storm Drainage Regulation (Alta. Reg. 119/93) is

amended by this Regulation.

Section 1(k)(ii) is amended by adding "or" after paragraph (

A) and by

repealing paragraphs (

C) and (D).

Section 6 is repealed and the following is substituted:

Replacement and extension

6(1) No person responsible for a wastewater system or storm drainage

system shall replace or extend the wastewater collection system or storm

drainage collection system unless he obtains the written authorization of

the Director prior to commencing construction.

(2) The person responsible for the wastewater system or storm

drainage system shall

(

a) submit engineering drawings and specifications for

the replacement or extension that are acceptable to the Director, and

(

b) establish to the satisfaction of the Director that

the increased wastewater or storm drainage flows associated with the

replacement or extension can be handled by the existing wastewater or storm

drainage systems.

4 The following is added after

section 7:

Use of chemicals

7.1(1) No person responsible for a wastewater system or storm

drainage system shall use or permit the use of a substance or chemical in

the collection, treatment or disposal of wastewater or storm drainage that

is not listed in the approval unless he obtains the prior written

authorization of the Director.

(2) A substance or chemical whose use is authorized under subsection

(1) must be used

(

a) in accordance with the latest edition of the

Standards and Guidelines for Municipal Waterworks, Wastewater and Storm

Drainage Systems published by the Department, or

(

b) in a manner acceptable to the Director.

5 The following is added after

section 9:

Re-use

9.1(1) Where a person responsible for a wastewater system or storm

drainage system proposes to use treated wastewater or storm drainage in a

manner or for a purpose (other than a purpose described in

section 9) that

is not provided for in the approval for the system, the person responsible

shall not proceed with the project unless he first obtains the written

authorization of the Director.

(2) Before proceeding with the proposed project the person

responsible for the wastewater system or storm drainage system shall submit

to the Director a description of the proposed project, including sufficient

site soils and wastewater or storm drainage quality data to establish to

the Director's satisfaction that the project will meet

(

a) the requirements of the latest edition of Standards

and Guidelines for Municipal Waterworks, Wastewater and Storm Drainage

Systems published by the Department, or

(

b) other standards acceptable to the Director.

Section 10 is amended by striking out "8(1) or 9(1)" and substituting

"7.1, 8(1), 9(1) or 9.1".

7 This Regulation comes into force on September 1, 1996.

Alberta Regulation 138/96

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 311/96) pursuant to

section 41 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (Alta. Reg. 233/89) is amended by this

Regulation.

Section 2 is amended

(

a) by adding the following before clause (g):

(f.1) Gaming and Liquor Act;

(

b) by repealing clause (h).

Schedule 2 is amended

(

a) by adding the following after

Part 5:

PART 5.1

GAMING AND LIQUOR ACT

1 The specified penalty payable in respect of a contravention of a

provision of the Gaming and Liquor Act shown in Column 1 is the amount

shown in Column 2 in respect of that provision.

2 An "X" in Column 3 indicates that proceedings in respect of the offence

may be commenced by a violation ticket issued under either

Part 2 or

Part 3

of the Provincial Offences Procedure Act.

Column 1 Column 2 Column 3

Item (Section (Specified (Part 2/Part 3

Number Number of Penalty in Violation

Act) Dollars) Ticket)

1 66(1)(b)(c) 200

2 66(2)(a)(b) 150

3 67 100

4 71(2) 100

5 71(3) 500

6 72 150

7 81 250 X

8 84(1) 100

9 84(2) 150

10 86(1) 100

11 112(1) 100

3 The specified penalty payable in respect of a contravention of

section

47 of the Gaming and Liquor Act for the unlawful possession of liquor is

$200.

PART 5.2

REGULATIONS UNDER THE GAMING

AND LIQUOR ACT

1 The specified penalty payable in respect of a contravention of

section

91 of the Gaming and Liquor Regulation is $200.

(

b) by repealing

Part 10.

4 This Regulation comes into force on July 15, 1996.

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

Alberta Regulation 139/96

Human Rights, Citizenship and Multiculturalism Act

GRANT AMENDMENT REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 313/96) pursuant to

section 15(2) of the Alberta Multiculturalism Act and

section 13(2) of the

Government Organization Act.

1 The Grant Regulation (Alta. Reg. 175/88) is amended by this Regulation.

2 The title of the Regulation is struck out and the following is

substituted:

HUMAN RIGHTS, CITIZENSHIP AND

MULTICULTURALISM EDUCATION FUND

GRANT REGULATION

Section 2 is repealed and the following is substituted:

Grants

2 The Minister is hereby authorized to make grants in accordance

with this Regulation with respect to projects that in the opinion of the

Minister are related to the purposes of the Human Rights, Citizenship and

Multiculturalism Act.

4 This Regulation comes into force on the date the Individual's Rights

Protection Amendment Act, 1996 comes into force.

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

Alberta Regulation 140/96

Seniors Benefit Act

GENERAL AMENDMENT REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 314/96) pursuant to

section 6 of the Seniors Benefit Act.

1 The General Regulation (Alta. Reg. 213/94) is amended by this

Regulation.

Section 8.1 is amended

(

a) in subsection (1) by striking out "because of unexpected or

increased expenses directly related to changes in the previous 3 years in

Government of Alberta programs of particular benefit to seniors";

(

b) by repealing subsections (2) and (3) and substituting the

following:

(2) The maximum amount that a single senior, one-senior couple

or two-senior couple may receive under this

section is $5000 in each year

regardless of the number of claims in the year.

3 The following is added after

section 8.1:

Grant

8.2 Notwithstanding

section 8.1, the Minister may pay a grant of up

to a maximum of $5000 in each year to an applicant who meets the

requirements of

section 3(1)(

a) and (b), and who, in the opinion of the

Minister, is unable to meet the necessities of life.

4 The

Schedule is amended by repealing

Part 1 of the Table and

substituting the following:

Part 1

Accommodation Maximum Annual

and Marital Cash Benefit

Category Percentage

Homeowner

Single senior 13.62% $1800

One-senior couple 10.44% $1800

Two-senior couple 16.89% $2950

Regular Renter

Single senior 17.78% $2350

One-senior couple 13.62% $2350

Two-senior couple 20.04% $3500

Mobile Home

Owner/Renter

Single senior 16.27% $2150

One-senior couple 12.46% $2150

Two-senior couple 18.89% $3300

Living in Subsidized

Accommodation

Single senior 10.36% $1370

One-senior couple 07.94% $1370

Two-senior couple 15.68% $2740

5 The amendments made by the General Amendment Regulation (Alta.. Reg.

100/96) to

section 8.1 of the General Regulation (Alta. Reg. 213/94) and to

the

Schedule to that Regulation are effective July 1, 1996.

6 This Regulation is effective July 1, 1996.

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

Alberta Regulation 141/96

Marketing of Agricultural Products Act

ALBERTA PORK PRODUCERS' PLAN REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 315/96) pursuant to

section 23 of the Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Designation 2

Part 1

General Operation of Plan

Division 1

Plan

Continuation of Plan 3

Termination of Plan 4

Application of Plan 5

Purposes 6

Division 2

Operation of Plan by the Board

Corporation continued 7

Responsibilities of the Corporation 8

Regulations to operate the Plan 9

Financing of the Plan 10

Remuneration 11

Appointment of auditor 12

Authority from Governor in Council 13

Indemnification funds 14

Part 2

Governance of Plan

Division 1

Corporation

Directors 15

Chairperson, etc. 16

Quorum 17

Division 2

Directors and Delegates

Eligibility 18

Non-eligibility 19

Prohibition 20

Terms of office 21

Limitation on terms 22

Division 3

General District Meetings

District annual meetings 23

Special district meeting 24

Notice of meeting 25

Quorum re annual or special district meeting 26

Business re district annual meeting 27

Division 4

General Delegates Meetings

District delegates meetings 28

Special delegates meetings 29

Time and place of meeting 30

Notice of meeting 31

Quorum 32

Division 5

Nominations and Elections

Nominations 33

Eligibility to vote 34

Voting 35

Returning officers, etc. 36

Duties of returning officers 37

Election by acclamation 38

Failure to elect 39

Vacancy 40

Controverted election 41

Division 6

Districts

Number of districts 42

Change in districts 43

Composition of districts 44

Part 3

Transitional, Review and Repeal

Transitional 45

Review 46

Repeal 47

Definitions

1(1) In this Plan,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Corporation" means the Alberta Pork Producers' Development

Corporation;

(c) "Council" means the Alberta Agricultural Products Marketing

Council;

(d) "Directors" means individuals elected or appointed, as the case

may be, to serve as directors of the Corporation;

(e) "hog" means a hog raised, kept, prepared for slaughter or

marketed in the Province and includes pork;

(f) "marketing" includes buying, owning, selling, offering for

sale, storing, grading, assembling, packing, transporting, advertising or

financing;

(g) "Plan" means the Plan that is amended and continued under

section 3;

(h) "pork" means a hog that has been processed;

(i) "processing" means changing the nature, size, quality or

condition of hogs by mechanical means or otherwise and includes the

slaughter of hogs;

(j) "processor" means any party engaged in the business of

processing hogs or who has hogs processed on its behalf within the

Province;

(k) "producer" means

(

i) a person engaged in the production of hogs for

slaughter,

(ii) a person who takes possession of any hogs from a

producer under any security for a debt, or

(iii) a person who under any arrangement is entitled to a

share of the hogs raised by a producer or any portion of the revenue

derived from the sale of the hogs;

(l) "Province" means the Province of Alberta;

(m) "registered producer" means a producer who

(

i) has marketed at least one hog through the

Corporation within the most recent 12-month period, and

(ii) has been assigned a farm unit registration number

by the Corporation.

(2) For the purposes of this Plan and the Act as it relates to this Plan,

"regulated product" means hogs.

Designation

2 Hogs are hereby designated as agricultural products for the purpose of

the Act.

PART 1

GENERAL OPERATION OF PLAN

Division 1

Plan

Continuation of Plan

3 The Alberta Hog Producers' Marketing Plan, 1968, established under

Alberta Regulation 195/68 is hereby amended and continued under this

Regulation with the name "Alberta Pork Producers' Plan".

Termination of Plan

4 This Plan does not terminate at the conclusion of a specific period of

time and shall remain in force unless otherwise terminated pursuant to the

Act.

Application of Plan

5 This Plan applies

(

a) to all of Alberta,

(

b) to all persons who produce or market or produce and market

hogs, and

(

c) for the purposes of

section 9(1)(b), (c), (d), (e), (

f) and (

g) and (2)(b), (d), (e), (f), (h), (

i) and (j), to each processor.

Purposes

6 The purposes of the Plan are the following:

(

a) to provide for the effective promotion, control and regulation

of all aspects of the marketing of hogs and pork including, without

limiting the generality of the foregoing, prohibiting the marketing of

hogs and pork in whole or in part;

(

b) without limiting the generality of clause (a),

(

i) to establish, maintain and operate facilities

through which producers sell hogs;

(ii) to acquire hogs or pork as a principal or agent;

(iii) to establish methods for the payment to producers

for the sale of hogs;

(iv) to establish one or more trust accounts to hold

funds payable to producers or others as a result of hogs marketed to or

through the Corporation;

(

v) to establish one or more pools and procedures for

the distribution of funds payable to producers, less service charges and

other charges payable to the Corporation;

(vi) to establish, maintain and operate one or more

funds under sections 34 and 35 of the Act;

(vii) to provide short term financial assistance to

processors to assist in the marketing of hogs;

(viii) to conduct or support studies and research

relating to the production, marketing and quality improvement of hogs and

the consumption of pork;

(ix) to educate and inform producers and others in the

industry;

(

x) to establish methods and conditions of sale in

respect of hogs and, without restricting the generality of the foregoing,

direct contracting sales, pre-delivery sales and forward contract sales;

(xi) to promote increased consumption by consumers of

pork and processed pork;

(xii) to participate in Government programs;

(xiii) to encourage the improvement of methods for

the assembly, transportation and handling facilities of hogs including,

without limiting the generality of the foregoing, the leasing and ownership

of those facilities;

(xiv) to establish a grading settlement system;

(xv) to co-ordinate and improve understanding within the

hog and pork industry and between the hog and pork industry and other

related industries;

(xvi) to work with marketing boards and other

organizations having similar objectives including such boards and

organizations as may be established in other provinces or outside Canada

and, without limiting the generality of the foregoing, to operate marketing

programs or facilities with those other boards and similar organizations;

(xvii) to act as a principal or agent in or

otherwise facilitate the maintenance of existing markets and the

development of new markets for hogs and processed pork, with the power to

undertake and carry out all aspects of marketing, advertising and promotion

related thereto;

(xviii) to protect the viability of the Alberta hog

industry by refusing to market hogs that

(

A) have not been raised by a producer in

accordance with appropriate health standards, or

(

B) have been raised by the producer

contrary to standards and procedures,

as those standards and procedures are established

from time to time by the Corporation to maintain the viability and

reputation of the Alberta hog industry;

(xix) to establish from time to time, the manner in which

sales of hogs to buyers will be conducted;

(xx) to work with others for the betterment of the

Alberta hog industry;

(xxi) to use service charges and other funds of the

Corporation for the purposes of the Corporation.

Division 2

Operation of Plan by the Board

Corporation continued

7(1) The board known as the "Alberta Pork Producers' Development

Corporation" is hereby continued under this Plan.

(2) The Corporation shall operate pursuant to this Plan.

Responsibili-ties of the Corporation

8 The Corporation

(

a) is, subject to the Act, responsible for the operation,

regulation, supervision and enforcement of this Plan;

(

b) without limiting the generality of clause (a),

(

i) may appoint a General Manager and may prescribe the

duties and fix and provide for the remuneration of the General Manager;

(ii) may allow the General Manager to retain other

employees or contractors, other than an auditor, and may allow the General

Manager to prescribe the duties and remuneration payable to those employees

and contractors;

(iii) shall open one or more deposit accounts with one or

more financial institutions and may designate the officers and employees

permitted to

(

A) sign cheques and other negotiable

instruments,

(

B) transact the business of the

Corporation with its financial institutions, and

(

C) generally do all things incidental to

or in connection with the transaction of the business of the Corporation

with its financial institutions;

(iv) shall

(

A) maintain or cause to be maintained

accounting books and records that from time to time may be required under

the Act or that may be required by the Corporation, and

(

B) on 5 days' written notice to the

Corporation by a member of Council, open the accounting books and records

of the Corporation for inspection by the member of the Council at the

office of the Corporation;

(

v) shall maintain an office in Alberta and notify each

registered producer, licensed processor and the Council of the location of

the office of the Corporation;

(vi) subject to the Act, may issue directions governing

the internal operations of the Corporation;

(vii) shall establish and implement policy for the

operation of the Corporation and the implementation and operation of the

Plan.

Regulations to operate the Plan

9(1) For the purpose of enabling the Corporation to operate this Plan, the

Corporation may be empowered by the Council with the approval of the

Minister, to make regulations pursuant to

section 26 of the Act

(

a) requiring producers engaged in the production or marketing, or

both, of hogs to register their names and addresses with the Corporation;

(

b) requiring any person who produces, markets or processes hogs to

furnish to the Corporation any information or record relating to the

production, marketing or processing of hogs that the Corporation considers

necessary;

(

c) requiring persons to be licensed under the Plan before they

become engaged in the marketing or processing of hogs;

(

d) prohibiting persons from engaging in the marketing or

processing, as the case may be, of the hogs except under the authority of a

licence issued by the Corporation;

(

e) governing the issuance, suspension or cancellation of a licence

issued under the Plan;

(

f) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the purposes of the Plan,

(ii) the assessment, charging and collection of licence

fees from persons engaged in the assembly, transportation or processing of

hogs, and

(iii) the taking of legal action to enforce payment of

the service charges and licence fees, as the case may be;

(

g) requiring any person who receives any hogs from a producer

(

i) to deduct from the money payable to the producer

any service charges payable by the producer to the Corporation, and

(ii) to forward the amount deducted to the Corporation;

(

h) providing for the use of any class of service charges, licence

fees or other money payable to or received by the Corporation for the

purpose of paying its expenses and administering the Plan and regulations

made by the Corporation;

(

i) permitting the Corporation to exercise any one or more of the

powers that are vested in a co-operative association under the Co-operative

Associations Act.

(2) For the purposes of enabling the Corporation to operate this Plan, the

Corporation may be empowered by the Council, with the approval of the

Minister, to make regulations pursuant to

section 27(1) of the Act

(

a) requiring a producer who produces hogs to market the hogs

through the Corporation or through a designated agency;

(

b) directing, controlling or prohibiting, as the case may be, the

marketing of the hogs in such manner as the Corporation considers

appropriate;

(

c) providing for the purchase or acquisition of any hogs that the

Corporation considers advisable and the sale or disposition of those hogs;

(

d) regulating and controlling the marketing of hogs, including the

times and places at which the hogs may be marketed;

(

e) requiring that the money payable or owing to a producer for

hogs be paid to or through the Corporation;

(

f) providing for the payment to a producer of the money payable or

owing for hogs, less any service charges owing to the Corporation by the

producer, and fixing the time or times at which or within which the

payments shall be made;

(

g) providing

(

i) for the operation of one or more pools for the

distribution of all money payable to producers from the sale of hogs, and

(ii) for the deduction of reasonable and proper

disbursements and expenses with respect to the operation of the pool;

(

h) providing for the collection from any person by legal action of

money owing to a producer for the sale of hogs;

(

i) governing

(

i) the furnishing of security or proof of financial

responsibility by any person engaged in the marketing or processing of

hogs, and

(ii) the administration and disposition of any money or

securities so furnished;

(

j) prohibiting any person from marketing or processing any hogs

that have not been sold by or through the Corporation or a designated

agency.

Financing of the Plan

10 This Plan shall be financed by the charging and collection of service

charges and licence fees.

Remuneration

11 The remuneration to be paid to the chairperson of the Corporation, the

Directors and the delegates shall be fixed by a vote of the delegates at an

annual or special meeting of the delegates.

Appointment of auditor

12 The delegates shall appoint an auditor for the Corporation at an

annual or special meeting of the delegates.

Authority from Governor in Council

13 In accordance with

section 50 of the Act, the Corporation may, with

respect to the production or marketing, or both, of the regulated product,

be authorized to perform any function or duty and exercise any power

imposed or conferred on the Corporation by or under the Agricultural

Products Marketing Act (Canada) or the Farm Products Marketing Agencies Act

(Canada), or both of them.

Indemnifica-tion funds

14(1) The Corporation may establish one or more funds under

section 34 or

35 of the Act.

(2) In order to finance the funds, the Corporation may raise amounts in

accordance with sections 34 and 35 of the Act.

PART 2

GOVERNANCE OF PLAN

Division 1

Corporation

Directors

15 The Corporation shall consist of 9 Directors.

Chairperson, etc.

16(1) The Directors shall elect from among themselves

(

a) a registered producer to be the chairperson of the Corporation,

and

(

b) a registered producer to be the vice-chairperson of the

Corporation.

(2) The election of the chairperson and vice-chairperson shall take place

at the first meeting of the Directors held in each year after the election

for Directors has been concluded.

(3) The chairperson and vice-chairperson serve during the year at the

pleasure of the Directors.

Quorum

17 A quorum for a meeting of the Directors is not less than 6 Directors.

Division 2

Directors and Delegates

Eligibility

18 In order to serve as a Director or a delegate a person

(

a) must be an individual who is

(

i) a registered producer,

(ii) an officer of a company that is a registered

producer,

(iii) a partner in a partnership that is a registered

producer,

(iv) an officer of a company that is a partner in a

partnership that is a registered producer,

(

v) a co-venturer in a joint venture that is a

registered producer, or

(vi) an officer of a company that is a co-venturer in a

joint venture that is a registered producer,

(

b) must be elected at a meeting of registered producers called for

the purpose of, among other things, electing a Director and delegates, as

the case may be, to represent that district for which the meeting was

called, and

(

c) must have paid the service charge payable to the Corporation on

all hogs marketed by that candidate in the 12 months prior to the election.

Non-eligibility

19(1) A person is not eligible to be a Director or delegate if that

person

(

a) as of the date of the election is less than 18 years of age;

(

b) is a dependent adult as defined in the Dependent Adults Act, or

is the subject of a certificate of incapacity under that Act;

(

c) is a formal patient as defined in the Mental Health Act;

(

d) has been found to be a person of unsound mind by a court

elsewhere than in Alberta;

(

e) has the status of a bankrupt;

(

f) is not a resident of Alberta;

(

g) is not an individual;

(

h) has failed to pay any service charge payable to the Corporation

in respect of any hog marketed by that person during that person's term of

office as a Director or delegate.

(2) A Director or delegate who is no longer eligible under subsection

(1) to hold office as a Director or delegate is deemed to have resigned from

that office at the time that the ineligibility arose.

Prohibition

20(1) An individual is not eligible at any one time to be a candidate for

election as a Director and a candidate for election as a delegate.

(2) Where a registered producer is not an individual, that registered

producer is not eligible to nominate more than one person to be its

representative as a candidate for election under this Plan.

(3) An individual shall not at any one time serve as both a Director and a

delegate.

Terms of office

21(1) The term of office of a Director is 2 years.

(2) The term of office of a delegate is 2 years.

Limitation on terms

22(1) No person may be elected to serve more than 3 consecutive terms as a

Director.

(2) No person may be elected to serve more than 3 consecutive terms as a

delegate.

(3) For the purposes of this section, any portion of a term of office

served by a person as a Director or a delegate appointed under

section 40

shall not be considered to be a term of office.

Division 3

General District Meetings

District annual meetings

23(1) The Corporation shall in each year designate the date, time and

place for not less than one nor more than 5 local meetings within each

district.

(2) The local meetings referred to in subsection (1) constitute the

district annual meeting of registered producers of the district.

(3) A district annual meeting must be commenced within 15 months from the

conclusion of the preceding district annual meeting.

Special district meeting

24(1) The Corporation shall call a special district meeting of registered

producers of a district whenever requested to do so in writing by

(

a) at least 25 registered producers of the district, or

(

b) the Council.

(2) A special district meeting called under subsection (1) may consist of

one meeting for the entire district.

Notice of meeting

25(1) Notice of any meeting to be called pursuant to this Division must be

given by the Corporation at least 14 days prior to the day proposed for the

meeting.

(2) A notice given under subsection (1) must be sent by mail to each

registered producer at the registered producer's last address as shown in

the records of the Corporation.

Quorum re annual or special district meeting

26 The quorum required at any one of the meetings which constitute a

district annual meeting or a special district meeting shall be not less

than 6 registered producers.

Business re district annual meeting

27 The registered producers attending a district annual meeting of

registered producers shall

(

a) elect one Director,

(

b) elect 5 delegates,

(

c) receive a report from the Director representing the district as

to the operations and activities of the Corporation,

(

d) receive a certified copy of the auditor's report concerning the

operations of the Corporation for the preceding year, and

(

e) consider such other matters as the Corporation or the district

annual meeting itself may deem advisable.

Division 4

General Delegates Meetings

District delegates meetings

28(1) In each year there shall be an annual meeting of all the delegates

in Alberta.

(2) The annual meeting of the delegates shall be held not later than 15

months following the date of the conclusion of the last annual meeting of

the delegates.

Special delegates meetings

29(1) Special meetings of delegates

(

a) may be called by the Corporation at any time, and

(

b) shall be called by the Corporation on

(

i) the written request of the Council, or

(ii) the written request of at least of the delegates.

(2) A Director may, at any time, call a meeting of the delegates for the

district that the Director represents.

Time and place of meeting

30 The date, time and place of all meetings held pursuant to this

Division shall be fixed by the Corporation.

Notice of meeting

31 At least 14 days' notice in writing, specifying the date, time and

place of annual meetings or special meetings of delegates shall be given by

the Corporation to all delegates, by mailing the notice to their address on

record with the Corporation.

Quorum

32 The quorum required for an annual or special meeting of the delegates

shall be not less than 15 delegates.

Division 5

Nominations and Elections

Nominations

33(1) Nominations for Directors to be elected at district annual meetings

of registered producers shall be made in writing prior to the district

annual meeting.

(2) Nominations for delegates to be elected at district annual meetings of

registered producers shall be made in writing prior to the district annual

meeting.

(3) Where the Corporation provides forms for the purposes of nominations,

the nominations must be in writing on those forms.

(4) Any person who is eligible to serve as a Director or a delegate may be

nominated for election as a Director or delegate if

(

a) the person resides within the district that the person is to

represent, and

(

b) the person has consented to the nomination.

(5) The nomination of a candidate for election may be made by any person

who

(

a) is a registered producer or the designate of a registered

producer, and

(

b) resides within the district that the candidate is being

nominated to represent.

(6) Where a registered producer is a partnership, corporation or joint

venture, the designated representative thereof shall be entitled to allow

his name to stand in nomination and hold office as a Director or delegate,

as the case may be, if elected.

Eligibility to vote

34(1) Subject to this

section and

section 35, any producer is entitled to

vote in any election for a Director or a delegate where the producer

(

a) is a registered producer,

(

b) resides within the district that the delegate or Director is to

represent, and

(

c) has not voted at a previous local meeting within the district

during the current election.

(2) Where a registered producer

(

a) does not reside within the district in which the producer

wishes to vote for a delegate or Director, but

(

b) resides in an area or district that is adjacent to the district

in which the registered producer wishes to vote,

the producer may apply in writing to the Corporation, not less than 10 days

prior to the day of the election in which the producer desires to cast a

ballot, to be registered for the purposes of voting in that adjacent

district.

(3) On receipt of the written approval of the Corporation, the producer

may vote in the adjacent district only if that producer does not vote in

the district in which the producer resides.

(4) Where a registered producer has received approval pursuant to

subsection (3) to vote in a district in which the producer does not reside,

the producer may, for a future election apply in writing to change to the

district in which the producer resides, but the producer shall not be

entitled to vote in the district in which the producer resides for the

election immediately following change in status of the producer.

Voting

35(1) Voting for the election of Directors and delegates shall occur at

each district annual meeting and shall be by secret ballot.

(2) At each district annual meeting, each registered producer shall

receive one ballot for a Director and one ballot for delegates on

presentation of the registered producer's farm unit registration card.

(3) There shall be only one vote per farm unit registration number.

(4) No registered producer shall be entitled to more than one vote,

notwithstanding that the registered producer may have been issued more than

one farm unit registration number.

(5) No registered producer shall be entitled to vote in more than one

district, notwithstanding that the registered producer may have separately

registered premises in more than one district.

(6) Where the registered producer is a partnership, co-venturer or

corporation, the designated representative thereof is entitled to vote on

behalf of the registered producer.

(7) Possession by an individual of the farm unit registration card

applicable to a partnership, corporation or co-venture shall be considered

as proof of proper designation of the individual as a representative of the

registered producer.

(8) Where

(

a) the name of a producer who is eligible to vote does not appear

on the voters list, or

(

b) the producer is not able to present the farm unit registration

card supplied to the producer by the Corporation,

or both, the producer shall be entitled to vote if the producer signs a

declaration stating that

(

c) the producer

(

i) is a registered producer, or

(ii) in the case of an unregistered producer, has

completed an application for farm unit registration,

(

d) the producer

(

i) resides in the district in which the producer

desires to vote,

(ii) has marketed hogs through the Corporation within

the 12 months prior to the day of the election in which the producer

desires to vote, and

(iii) has not previously voted in the election for this

or any other district,

and

(

e) the farm unit that the registered producer represents has not

previously received a ballot.

Returning officers, etc.

36(1) The General Manager of the Corporation, or the designate of the

General Manager, shall be the chief returning officer and responsible for

all administrative procedures relating to the conduct of elections.

(2) The Corporation shall appoint one district returning officer for each

district, and the district returning officer shall be responsible to the

chief returning officer and take direction from the chief returning

officer.

(3) A person shall not be appointed district returning officer if that

person

(

a) is a candidate for election, or

(

b) is an incumbent Director or delegate.

Duties of returning officers

37(1) The chief returning officer shall prepare and distribute to each

district returning officer a list of eligible voters for each district, and

that list shall contain

(

a) the names of the eligible voters,

(

b) their addresses, and

(

c) their farm unit registration numbers.

(2) The district returning officer shall

(

a) ensure that each person who votes in an election is on the

voters list or has signed a declaration pursuant to

section 35(8), and

(

b) forward to the chief returning officer, within 5 days from the

date of the election, a report of the results of the election together with

all voters lists, declarations, ballots and other documents pertaining to

the election.

Election by acclamation

38(1) Where only one registered producer has been nominated for the

position of Director for a district, the chief returning officer shall

declare the person nominated as being elected by acclamation.

(2) Where only 5 registered producers have been nominated for the position

of delegate for a district, the chief returning officer shall declare those

persons nominated as being elected by acclamation as delegates.

Failure to elect

39(1) Where the registered producers at a district annual meeting fail to

elect a Director or the required number of delegates, the Corporation

shall, not later than 7 days from the day of that meeting,

(

a) designate a date, time and place for another meeting of the

district, and

(

b) mail a notice at least 10 days prior to the day of the meeting

to each registered producer who is eligible to vote in that district.

(2) Where another meeting is held pursuant to a notice given under

subsection (1) in the area of a district that failed to elect a delegate

and that other meeting fails to elect a delegate, the remaining delegates

for that district shall appoint to that position a registered producer who

is eligible to hold that position and that registered producer shall hold

office as if elected to the position.

Vacancy

40 Where

(

a) the position of a Director becomes vacant due to death,

resignation or other incapacity of a Director, or

(

b) the position of a delegate becomes vacant due to the death,

resignation or other incapacity of a delegate,

the remaining delegates of the district for which there is a vacancy shall

appoint to that position a registered producer who is eligible to hold that

position and that registered producer shall hold office until the

expiration of the term of office of the person whose vacant position was

filled.

Controverted election

41(1) Where a registered producer seeks to have an election declared

invalid on the basis of

(

a) lack of a quorum at meetings at which the election was held,

(

b) non-compliance with any provision providing for election of a

Director or delegate with respect to

(

i) the eligibility of candidates,

(ii) the eligibility of voters, or

(iii) the counting of the ballots,

(

c) any other irregularity,

the registered producer shall, as a condition precedent to seeking any

other remedy, apply to Council within 30 days from the day of the election

for a declaration that the election is invalid.

(2) Where an election is contested pursuant to subsection (1), the Council

may declare the election to be invalid if it is satisfied that the alleged

irregularities did in fact occur and that they were sufficient to

materially affect the result of the election.

(3) Where

(

a) the validity of an election is contested by application to

Council pursuant to subsection (2), and

(

b) it appears to Council that the election was conducted

substantially in accordance with the requirements of this Plan and the Act,

and that the non-compliance, violation, mistake or irregularity did not

materially affect the result of the election,

the Council may adjudge the election to be valid.

(4) Where an election is contested pursuant to subsection (1)(

b) or (

c) and is declared invalid, the Council shall declare the position in question

to be vacant and order that another election be called within 60 days to

settle the question of who is to be admitted to office.

(5) Where a new election is called pursuant to subsection (4), the Council

may

(

a) authorize the remaining validly elected persons of the district

to appoint any registered producer to act as Director or delegate, as the

case may be, until the time that the new election is held, and

(

b) in the case where fewer than 3 delegates in a district were

validly elected, appoint a registered producer or registered producers to

act as delegate or delegates until the time that the new election is held.

(6) The Council may require the Corporation to provide to Council the

ballot papers, books, voters lists, declarations, reports and the other

records of the election with respect to any election as the Council

considers necessary.

(7) Unless otherwise directed by the Council, the Corporation shall not

destroy any records connected with any election until 90 days have elapsed

from the day of the election.

(8) An application to Council to have an election declared invalid

pursuant to this

section shall not be considered by the Council after 30

days have elapsed from the day of the election, and if no such application

is received within 30 days from the day of an election, the election is

deemed to be valid.

Division 6

Districts

Number of districts

42 For the purposes of this Plan, Alberta is divided into 9 districts as

set out in

section 44.

Change in districts

43 The boundaries of the districts may be altered by the Corporation, on

the recommendation of the delegates.

Composition of districts

44(1) District No. 1 consists of that land included in the following:

(

a) Municipal District of Cypress No. 1;

(

b) Improvement District No. 4;

(

c) Improvement District No. 5;

(

d) Improvement District No. 6;

(

e) Municipal District of Ranchland No. 66;

(

f) Municipal District of Cardston No. 6;

(

g) Municipal District of Pincher Creek No. 9;

(

h) Municipal District of Taber No. 14;

(

i) Municipal District of Willow Creek No. 26;

(

j) County of Vulcan No. 2;

(

k) County of Newell No. 4;

(

l) County of Forty Mile No. 8;

(

m) County of Warner No. 5;

(

n) County of Lethbridge No. 26;

(

o) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipal districts, countries or

improvement districts referred to in clauses (

a) to (n).

(2) District No. 2 consists of that land included in the following:

(

a) Special Area No. 2;

(

b) Special Area No. 3;

(

c) Special Area No. 4;

(

d) Municipal District of Big Horn No. 8;

(

e) Improvement District No. 9;

(

f) Municipal District of Foothills No. 31;

(

g) Municipal District of Acadia No. 34;

(

h) Municipal District of Rocky View No. 44;

(

i) Municipal District of Starland No. 47;

(

j) Municipal District of Kneehill No. 48;

(

k) Municipal District of Badlands No. 7;

(

l) County of Wheatland No. 16;

(

m) County of Mountain View No. 17;

(

n) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipal districts, counties or

improvement districts referred to in clauses (

a) to (m).

(3) District No. 3 consists of that land included in the following:

(

a) Municipal District of Provost No. 52;

(

b) Municipal District of Wainwright No. 61;

(

c) County of Stettler No. 6;

(

d) County of Paintearth No. 18;

(

e) County of Camrose No. 22;

(

f) County of Flagstaff No. 29;

(

g) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipal districts, counties or

improvement districts referred to in clauses (

a) to (f).

(4) District No. 4 consist of that land included in the following:

(

a) Municipal District of Clearwater No. 99;

(

b) County of Ponoka No. 3;

(

c) Lacombe County;

(

d) County of Red Deer No. 23;

(

e) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipal districts, counties or

improvement districts referred to in clauses (

a) to (d).

(5) District No. 5 consists of that land included in the following:

(

a) County of Beaver No. 9;

(

b) County of Two Hills No. 21;

(

c) County of Vermilion No. 24;

(

d) County of Minburn No. 27;

(

e) County of Lamont No. 30;

(

f) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipal districts, counties or

improvement districts referred to in clauses (

a) to (e).

(6) District No. 6 consists of that land included in the following:

(

a) Municipal District of Yellowhead No. 94;

(

b) Municipal District of Sturgeon No. 90;

(

c) Municipal District of Brazeau No. 77;

(

d) County of Wetaskiwin No. 10;

(

e) Strathcona County;

(

f) County of Leduc No. 25;

(

g) Parkland County;

(

h) Improvement District No. 12;

(

i) Improvement District No. 25;

(

j) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipal districts, counties or

improvement districts referred to in clauses (

a) to (i).

(7) District No. 7 consists of that land included in the following:

(

a) Municipal District of Bonnyville No. 87;

(

b) County of Thorhild No. 7;

(

c) County of Athabasca No. 12;

(

d) County of Smoky Lake No. 13;

(

e) County of St. Paul No. 19;

(

f) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipal districts, counties or

improvement districts referred to in clauses (

a) to (e).

(8) District No. 8 consists of that land included in the following:

(

a) Municipal District of Woodlands No. 15;

(

b) Municipal District of Westlock No. 92;

(

c) County of Barrhead No. 11;

(

d) County of Lac Ste. Anne No. 28;

(

e) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipal districts, counties or

improvement districts referred to in clauses (

a) to (d).

(9) District No. 9 consists of that land included in the following:

(

a) Municipal District of Greenview No. 16;

(

b) Municipal District of Opportunity No. 17;

(

c) Municipal District of Big Lakes;

(

d) Municipal District of Lesser Slave River No. 124;

(

e) Municipal District of East Peace No. 131;

(

f) Municipal District of Birch Hills No. 19;

(

g) Municipal District of Saddle Hills No. 20;

(

h) Municipal District of Clear Hills No. 21;

(

i) Municipal District of Northern Lights No. 22;

(

j) Municipal District of Mackenzie No. 23;

(

k) Municipal District of Smoky River No. 130;

(

l) Municipal District of Spirit River No. 133;

(

m) Municipal District of Peace No. 135;

(

n) Municipal District of Fairview No. 136;

(

o) County of Grande Prairie No. 1;

(

p) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipal districts, counties or

improvement districts referred to in clauses (

a) to (o).

PART 3

TRANSITIONAL, REVIEW AND REPEAL

Transitional

45(1) In this section,

(a) "continued Corporation" means the Corporation continued under

this Regulation;

(b) "previous Plan" means the Alberta Hog Producers' Marketing

Plan, 1968 (A.R. 195/68) as it read immediately before the coming into

force of this Regulation.

(2) The persons who, immediately before the coming into force of this

Regulation, were Directors of the Corporation under the previous Plan

shall, on the coming into force of this Regulation, continue as Directors

of the continued Corporation until

(

a) the terms of office to which those Directors were elected

expire, or

(

b) those Directors are sooner elected or replaced under this

Regulation.

Review

46 In compliance with the on-going regulatory review initiative, this

Regulation must be reviewed on or before December 31, 2001.

Repeal

47 Alberta Regulation 195/68 is repealed.

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

Alberta Regulation 142/96

Government Organization Act

MOTOR VEHICLE PROPANE CONVERSIONS

ADMINISTRATION REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 317/96) pursuant to

Schedule 10,

section 2 of the Government Organization Act.

Table of Contents

Definitions 1

Delegation 2

Conditions 3

Limiting legal liability 4

Appeals 5

Records management and access 6

Reporting 7

Coming into force 8

Expiry 9

Definitions

1 In this Regulation,

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

(b) "Administration Agreement" means a written agreement made

between the Minister and the Propane Organization entitled Administration

Agreement;

(c) "administrator" means an administrator appointed pursuant to

section 14 of the Safety Codes Act;

(d) "Freedom of Information Co-ordinator" means an employee under

the administration of the Minister designated by the Deputy Minister as a

Freedom of Information Co-ordinator;

(e) "Minister" means the Minister charged with the administration

of the Safety Codes Act and "Deputy Minister" means the deputy of that

Minister;

(f) "motor vehicle propane conversion" means the installation of

propane fuel system components and tanks on highway vehicles, except for

fuel systems on factory-equipped vehicles, for the provision of motive

power;

(g) "Permit" means a permit under the Safety Codes Act issued

pursuant to

section 4 of the Motor Vehicle Conversions and Inspections

Permit Regulation (Alta. Reg. 70/94) and a permit called a certificate of

approval issued pursuant to

section 9 of the Motor Vehicle Conversions and

Inspections Permit Regulation (Alta. Reg. 70/94);

(h) "Propane Organization" means the Propane Vehicle Administration

Organization incorporated under the Business Corporations Act;

(i) "rules" means rules made by the Propane Organization under

section 3 of

Schedule 10 of the Act.

Delegation

2(1) The powers, duties and functions of

(

a) the chief inspector under the Motor Vehicle Conversions and

Inspections Permit Regulation (Alta. Reg. 70/94), and

(

b) a safety codes officer under

(

i) section 30 of the Safety Codes Act for the purposes

of conducting inspections of motor vehicle propane conversions,

(ii)

section 31 of the Safety Codes Act for the purpose

of demanding the production of documents and records in respect of motor

vehicle propane conversions,

(iii) sections 40 and 42 of the Safety Codes Act for the

purposes of issuing, suspending and cancelling Permits for motor vehicle

propane conversions,

(iv)

section 34 of the Safety Codes Act for the purpose

of issuing variances for motor vehicle propane conversions,

(

v) section 44 of the Safety Codes Act for the purposes

of investigating accidents and unsafe conditions in respect of motor

vehicle propane conversions,

(vi)

section 45 of the Safety Codes Act for the purposes

of issuing orders in respect of motor vehicle propane conversions, and

(vii)

section 52(1) of the Safety Codes Act for the

purpose of carrying out an order issued under

section 45, 48 or 49 of the

Safety Codes Act, in respect of motor vehicle propane conversions,

are delegated to the Propane Organization.

(2) The Propane Organization is authorized

(

a) to impose, with the approval of the Minister, assessments, fees

and charges, and

(

b) to collect money from the levy of the assessments, fees and

charges,

with respect to the powers, duties and functions delegated to it under this

Regulation on persons who apply for or are provided a service, material or

program, including but not restricted to the issuance of a Permit or other

thing or the filing of a document with the Propane Organization.

(3) At the request of the Minister, the Propane Organization is authorized

to provide advice to the Minister on any power, duty or function delegated

to it or relating to the administration or operation of any matter

delegated to it.

Conditions

3(1) The delegation under

section 2 is subject to the following

conditions:

(

a) the Propane Organization must exercise its powers and

authorizations and perform the duties and functions delegated to it by this

Regulation in accordance with the Administration Agreement;

(

b) the Propane Organization must comply with this Regulation;

(

c) neither the Propane Organization nor any safety codes officer

who is its employee or agent may lay an information to prosecute any person

under the Safety Codes Act, or regulations under that Act, without the

consent of the Deputy Minister;

(

d) the Propane Organization must meet a standard of personal

privacy established in

Part 1 of the Freedom of Information and Protection

of Privacy Act in the course of carrying out its powers, duties and

functions delegated to it under this Regulation;

(

e) in accordance with the standards established in

Part 1 of the

Freedom of Information and Protection of Privacy Act, all confidential

information acquired by the Propane Organization, its directors, officers,

employees and agents in the course of carrying out their powers, duties and

functions under this Regulation must be kept confidential and the privacy

of each individual must be protected from unreasonable invasion and not be

made known to any other person except as is necessary to carry out those

powers, duties and functions;

(

f) if the Propane Organization receives a request for information

under the Freedom of Information and Protection of Privacy Act, the request

must be directed to the Freedom of Information Co-ordinator and the Propane

Organization must respond to the request as instructed by the Co-ordinator

and, with the consent of the Minister, the Propane Organization may

disclose the (that?) information;

(

g) the Propane Organization must designate a person to be

responsible for records management;

(

h) all computer software and systems used or developed by the

Propane Organization for carrying out its powers, duties and functions

under this Regulation, the information on them and anything generated or

capable of generation by them is owned by the Government of Alberta.

(2) When money is received by the Propane Organization under the authority

of this Regulation,

(

a) it must be recorded and accounted for in accordance with

generally accepted accounting principles, and

(

b) receipts for the money received must be provided on the request

of the person paying the money.

(3) The Propane Organization is authorized to use the money collected by

it under this

section for the purpose of defraying costs incurred while

carrying out its powers, duties and functions under this Regulation.

Limiting legal liability

4(1) No action lies against the Propane Organization, all or any of its

directors, officers, agents or employees for anything done or not done by

any of them in good faith while carrying out their powers, duties and

functions under this Regulation.

(2) When carrying out its powers, duties and functions in good faith under

this Regulation, the Propane Organization, its directors, officers,

employees and agents are not liable for any damage caused by a decision

related to inspections, examination, evaluations and investigations,

including but not limited to a decision relating to their frequency and how

they are carried out.

(3) If the Propane Organization in good faith engages the services of an

accredited agency under the Safety Codes Act to carry out its powers,

duties and functions under this Regulation, the Propane Organization is not

liable for any negligence or nuisance of the accredited agency that causes

an injury, loss or damage to any person or property.

Appeals

5(1) In accordance with

section 2(2)(

b) of

Schedule 10 of the Act, a

person whose rights are affected by an action taken or decision made by the

Propane Organization or its directors, officers, agents or employees in the

carrying out of a power, duty or function under this Regulation may, when

an appeal is not provided for in the Safety Codes Act, appeal the action or

decision to the Minister.

(2) The Minister may decide whether to hear an appeal under subsection

(1).

(3) On hearing an appeal the Minister may confirm, vary or revoke the

action or decision that is the subject-matter of the appeal.

(4) A decision made by the Minister with respect to an appeal under this

section is final.

Records management and access

6(1) All records in the custody or under the control of the Propane

Organization that are required for carrying out its powers, duties and

functions under this Regulation must be managed, maintained and disposed of

in accordance with subsection (2) and

(

a) the Records Management Regulation (Alta. Reg. 57/95), or

(

b) a regulation that replaces the Records Management Regulation

(Alta. Reg. 57/95).

(2) The following conditions apply to the records described in subsection

(1):

(

a) management of the records must be under the direction of a

senior records officer who is an employee under the administration of the

Minister;

(

b) the Propane Organization must designate a person to be

responsible for records management and freedom of information and privacy

matters;

(

c) subject to the Freedom of Information and Protection of Privacy

Act, all confidential information must be kept confidential and the Propane

Organization must establish appropriate rules to that effect;

(

d) all records created or maintained in the course of carrying out

the powers, duties and functions under this Regulation become and remain

the property of the Crown in right of Alberta;

(

e) in accordance with the standards established in

Part 1 of the

Freedom of Information and Protection of Privacy Act, all confidential

information acquired by the Propane Organization and its directors,

officers and employees must be kept confidential and the privacy of each

individual must be protected from unreasonable invasion and the Propane

Organization must establish appropriate rules and make reasonable security

arrangements to protect personal information against such risks as

unauthorized access, collection, use, disclosure or disposal of personal

information;

(

f) the Propane Organization must, with the consent of the

Minister, provide to the Freedom of Information Co-ordinator any records

required under the Freedom of Information and Protection of Privacy Act,

within 7 days of a request under that Act.

(3) The Propane Organization may maintain records in the motor vehicle

propane conversion discipline, in accordance with the administrative

agreement and this Regulation, in a form acceptable to the Administrator,

with respect to

(

a) the receiving of applications for Permits;

(

b) the issuance of Permits;

(

c) the renewal of Permits;

(

e) the expiry of Permits;

(

f) the cancellation or suspension of Permits;

(

g) missing permits referred to in

section 9(4) of the Motor

Vehicle Conversions and Inspections Permit Regulation (Alta. Reg. 70/94);

(

h) the qualifications of gasfitters employed by a permit holder

referred to in

section 7(2) of the Motor Vehicle Conversions and

Inspections Permit Regulation (Alta. Reg. 70/94);

(

i) installations, repairs, alterations and inspections pursuant to

section 9(3) of the Motor Vehicle Conversions and Inspections Permit

Regulation (Alta. Reg. 70/94);

(

j) the retention of documents submitted in support of an

application for a Permit;

(

k) any other purpose considered necessary by the Minister.

Reporting

7 The Propane Organization shall report on its activities to the Minister

at least once a year, at a time and in a manner specified by the Minister

as set out in the Administration Agreement and in accordance with

section

10 of

Schedule 10 of the Act.

Coming into force

8 This Regulation comes into force on August 1, 1996.

Expiry

9 For purposes of ensuring that this Regulation is reviewed for ongoing

relevancy and necessity, with the option that it may be repassed in its

present or amended form following a review, this Regulation expires

December 1, 2001.

Alberta Regulation 143/96

Gaming and Liquor Act

GAMING AND LIQUOR REGULATION

Filed: July 10, 1996

Made by the Lieutenant Governor in Council (O.C. 319/96) pursuant to

section 126 of the Gaming and Liquor Act.

Table of Contents

Interpretation 1

Part 1

General Provisions

Division 1

Application Requirements

Application 2

Notice of application 3

Objections 4

Requirements for individuals 5

Requirements for corporations 6

Requirements for partnerships 7

Quality of information provided 8

Division 2

Background Checks

Interpretation 9

Records check 10

Contravention of Act and regulations 11

Prior cancellation or refusal 12

Detriment to gaming or liquor activities 13

Division 3

Facilities and Premises

Right to occupy facility or premises 14

Requirements for facilities and premises 15

Division 4

Offences and Conditions

Designation of offences 16

Conditions on registrations 17

Application for board hearing 18

Part 2

Gaming and Provincial Lotteries

Licences

Gaming licences 19

Eligibility of gaming licence applicants 20

Accounting by gaming licensee 21

Facility licences 22

Eligibility of facility licence applicants 23

Registration

Gaming worker 24

Registration of gaming workers 25

Eligibility of gaming workers 26

Additional classes of registration 27

General

Deposit for costs 28

Term of licence and registration 29

Cancellation of licence or registration 30

Licence cancellation on dispossession of business 31

Death of licensee 32

Posting of licences 33

Minors in casinos 34

Part 3

Liquor

Division 1

Liquor Licences

Class A Liquor Licences

Class A liquor licence 35

Licensed premises 36

Hotel 37

Class B Liquor Licences

Class B liquor licence 38

Licensed premises 39

Sales tied to events 40

Stadium bylaws 41

Class C Liquor Licences

Class C liquor licence 42

Licensed premises 43

Canteen 44

Institution 45

Travellers' lounge 46

Class D Liquor Licences

Class D liquor licence 47

Separate business 48

Selling liquor related products 49

Other business operations 50

General merchandise liquor store licence 51

Containers 52

Restriction on sales 53

Delivery service licence 54

Class E Liquor Licences

Class E liquor licence 55

Brew pub licence 56

Sale or provision of brew pub beer 57

Standards and labelling 58

Duty Free Store Licences

Duty free store licence 59

Customs Act (Canada) 60

Containers 61

Special Event Licences

Special event licence 62

Off sales 63

Food fair and trade show 64

Conditions on special event licences 65

Special Requirements for Liquor Licences

Liquor servings 66

Food service 67

Dispensing, serving and mixing liquor 68

Caterer extension 69

Areas added to licensed premises 70

Application fee 71

Eligibility of liquor supplier and liquor agency 72

Division 2

Registration

Classes of registration 73

Requirements 74

Division 3

General

Term of licence and registration 75

Cancellation of licence or registration 76

Licence cancellation on dispossession of business 77

Death of licensee 78

Posting of licences 79

Division 4

Prohibited Relationships

Definitions 80

Liquor suppliers and agencies 81

Liquor licensees 82

Exception - financial interests 83

Exception - certain manufacturers 84

Exception - promotions 85

Division 5

Miscellaneous

Definition of liquor 86

Connection with liquor suppliers 87

Homemade wine, cider and beer 88

Importation from other provinces 89

Importation from other countries 90

Conduct in licensed premises 91

Hours of liquor sale and consumption 92

Persons authorized to be in licensed premises 93

Minors in licensed premises 94

Games, entertainment and dancing 95

Medicine 96

Private office 97

Religious ceremonies and sacraments 98

Warehouse 99

Liquor sale authorization 100

Part 4

Repeal, Commencement and Expiry

Repeal 101

Commencement 102

Expiry 103

Schedules

Interpretation

1(1) In this Regulation,

(a) "bingo event" means a series of bingo games;

(b) "canteen" means premises where liquor is sold for consumption

in the premises and that are under the direction of

(

i) the Canadian Forces, for the use of military

personnel and their guests,

(ii) a police service, for the use of members and their

guests, or

(iii) a federal or provincial correctional training

facility, for the use of correctional personnel and their guests;

(c) "club" means any non-profit association or organization that

(

i) is incorporated, continued or registered under the

laws of Alberta or Canada,

(ii) has not fewer than 50 members unless otherwise

approved by the board, and

(iii) has a constitution or by-laws satisfactory to the

board;

(d) "convention centre" means a facility designed and used for the

holding of conventions, meetings, receptions, trade shows, conferences and

other events;

(e) "financial interest" includes any direct, indirect or

contingent interest

(

i) whether as owner, part owner or owner of an

interest, beneficial owner, owner of shares or owner through trusteeship,

investment or otherwise,

(ii) in management, whether by management agreement,

partnership agreement or other agreement, or

(iii) because of having loaned or advanced or caused to

be loaned or advanced money or any thing of value, with or without

security;

(f) "hotel" means an integrated facility established primarily for

the purpose of providing lodging, food and beverage services to the

travelling public and that provides one or more related services, such as

room service or telephone and laundry services;

(g) "institution" means

(

i) a post-secondary educational institution, or

(ii) a residential facility for adults, hospital,

sanatorium or nursing home;

(h) "linked bingo" means a bingo game played by participants at

different locations in which the locations are linked by a communication

system;

(i) "provide", in respect of liquor, means to provide on any basis

other than by sale;

(j) "public conveyance" includes commercial aircraft, trains and

buses, other than local transit, and water excursion craft licensed to

operate in Alberta;

(k) "race track" means a facility used primarily for horse racing

regulated under the Racing Commission Act;

(l) "recreational facility" means a facility where members of the

public may engage in recreational activities throughout the year or on a

seasonal basis;

(m) "sports stadium" means a stadium, arena or other facility built

for the primary purpose of staging sporting events;

(n) "theatre" means a facility where members of the public may

watch the performance of theatrical, musical or other entertainment;

(o) "travellers' lounge" means a room restricted to passengers

waiting to board a public conveyance.

(2) For the purpose of this Regulation, a corporation is controlled by a

person if

(

a) securities of the corporation to which are attached more than

50% of the votes that may be cast to elect directors of the corporation are

controlled, other than by way of security only, directly or indirectly by

the person, and

(

b) the votes attached to those securities are sufficient, if

exercised, to elect a majority of the directors of the corporation.

(3) For the purpose of this Regulation, a corporation is affiliated with

another corporation if

(

a) one of the corporations controls the other, or

(

b) both of the corporations are controlled by the same person or

group of persons.

(4) For the purposes of this Regulation, a reference to a spouse of a

person includes a man or woman who although not legally married to the

person has

(

a) lived and cohabited with the person as the person's spouse for

at least 2 years, or

(

b) lived and cohabited with the person as the person's spouse and

there is a child of the relationship.

PART 1

GENERAL PROVISIONS

Division 1

Application Requirements

Application

2 An applicant for a licence or registration must submit to the

Commission

(

a) an application on a form established by the Commission,

(

b) any information, affidavits and documents required by the

Commission or board that relate to the application, and

(

c) the fees specified in

Schedule 1.

Notice of application

3 The Commission may require an applicant for a licence to publish a

notice of the application in a form approved by the Commission and in a

manner specified by the Commission.

Objections

4(1) Any person may submit to the board an objection to an application

for a licence or registration, whether or not a notice of the application

has been published.

(2) If an objection is received by the board, the board must consider it

and advise the person who filed the objection of the board's decision on

the application.

Requirements for individuals

5(1) No individual is eligible for a licence or to be registered unless

the individual is an adult.

(2) No individual is eligible for a licence unless the individual is a

Canadian citizen or lawfully admitted to Canada for permanent residence.

Requirements for corporations

6 No corporation is eligible for a licence or to be registered unless the

corporation is incorporated or continued by or under the Business

Corporations Act, Companies Act or Societies Act or any other enactment or

is registered under

Part 21 of the Business Corporations Act or

Part 9 of

the Companies Act.

Requirements for partnerships

7(1) No partnership is eligible for a licence or to be registered, unless

the partners meet the requirements of

section 5 or 6, as the case may be.

(2) The board may not issue a licence to a partnership unless the

partnership is registered under the Partnership Act.

Quality of information provided

8 The board may refuse to issue a licence to an applicant or to register

an applicant if the applicant has misled the board or provided inaccurate

information.

Division 2

Background Checks

Interpretation

9(1) In this Division, a reference to an applicant

(

a) that is a partnership includes each partner;

(

b) that is a corporation includes the officers and directors of

the corporation;

(

c) that is the volunteer executive of a bingo association as

defined in

section 23 includes each member of the executive.

(2) In this Division, a reference to an applicant's employees means

(

a) in the case of an application relating to a facility or

premises, the manager of the facility or premises, and

(

b) any position specified by the board in the business of the

applicant.

(3) In this Division, a reference to an applicant's associates means

(

a) any person that has a financial interest in the applicant, in

the applicant's business or in the facility or premises to which the

application relates;

(

b) if the applicant is an individual or a partnership in which one

or more of the partners is an individual,

(

i) the spouse of the individual,

(ii) any relative of the individual or the spouse

referred to in subclause (

i) if the relative has the same residence as the

individual,

(iii) any corporation controlled by the individual, the

corporation's officers and directors and any person that has a financial

interest in the corporation, and

(iv) any corporation that is affiliated with the

corporation referred to in subclause (iii), the affiliated corporation's

officers and directors and any person having a financial interest in the

affiliated corporation;

(

c) if the applicant is a corporation or a partnership in which one

or more of the partners is a corporation, any other corporation that is

affiliated with the applicant's corporation, the affiliated corporation's

officers and directors and any person that has a financial interest in the

affiliated corporation.

Records check

10(1) The board may refuse to issue a licence to an applicant or to

register an applicant if the applicant, any of the applicant's employees or

any of the applicant's associates fail to pass a records check.

(2) A person does not pass a records check if the person

(

a) has within the 5 years prior to the submission of the

application been convicted of

(

i) an offence under the Criminal Code (Canada), the

Excise Act (Canada), the Food and Drugs Act (Canada) or the Narcotic

Control Act (Canada), or

(ii) an offence under a foreign Act or regulation that,

in the board's opinion, is substantially similar to an offence referred to

in subclause (i);

(

b) has within the 5 years prior to the submission of the

application been serving a term of imprisonment of 3 years or more.

Contravention of Act and regulations

11 The board may refuse to issue a licence to an applicant or to register

an applicant if the board is satisfied that the applicant, any of the

applicant's employees or any of the applicant's associates has within the 5

years prior to the submission of the application contravened

(

a) the Act or regulations under the Act,

(

b) a predecessor of the Act or regulations under a predecessor of

the Act, or

(

c) a condition imposed on a licence or registration issued or made

under the Act or a predecessor of the Act.

Prior cancellation or refusal

12(1) In this section, "foreign licence or registration" means a licence

or registration issued or made under the laws of a jurisdiction other than

Alberta that, in the board's opinion, is similar to a licence or

registration under the Act.

(2) The board may refuse to issue a licence to an applicant or to register

an applicant if, within the 5 years prior to the submission of the

application, a licence or registration issued or made under the Act or a

predecessor of the Act or a foreign licence or registration of the

applicant, any of the applicant's employees or any of the applicant's

associates has been cancelled.

(3) The board may refuse to issue a licence to an applicant or to register

an applicant if, within the 5 years prior to the submission of the

application, the applicant, any of the applicant's employees or any of the

applicant's associates has been refused a foreign licence or registration.

Detriment to gaming or liquor activities

13 The board may refuse a licence to an applicant or to register an

applicant if the board is satisfied that the applicant, any of the

applicant's employees or associates or any other person with connections to

the applicant is a detriment

(

a) to the integrity or lawful conduct of gaming activities, or

(

b) to the lawful manufacture, import, purchase, sale, provision,

transport, possession, storage, use or consumption of liquor.

Division 3

Facilities and Premises

Right to occupy facility or premises

14(1) No facility licence or liquor licence may be issued unless the board

is satisfied that the applicant has the right to occupy and control the

facility or premises in respect of which the application is made.

(2) This

section does not apply to an application for a liquor licence in

which the proposed licensed premises is a canteen or an institution.

Requirements for facilities and premises

15(1) No facility licence or liquor licence may be issued unless the

board is satisfied that the facility or premises to be licensed meets the

requirements for that type of facility or premises as established in the

board's policies.

(2) In addition to meeting the requirements in the board's policies, no

retail liquor store liquor licence may be issued unless the board is

satisfied that the premises to be licensed meets the requirements set out

in

Schedule 2.

(3) Every facility licensee and liquor licensee must ensure that, during

the term of the licence, the licensed facility or licensed premises meets

(

a) the requirements for that type of facility or premises as

established in the board's policies, and

(

b) in the case of a retail liquor store licence, the requirements

referred to in clause (

a) and the requirements set out in

Schedule 2.

Division 4

Offences and Conditions

Designation of offences

16 The contravention of

section 34, 52, 54, 61, 81, 82, 91 or 94 of this

Regulation is an offence.

Conditions on registrations

17(1) The board's policies respecting the activities authorized by a

registration are conditions of the registration, including policies made

after a person is registered.

(2) The Commission must provide a registrant with a copy of the board

policies that are conditions of the registration and any amendments to

those policies.

(3) When registering a person, the board may, with or without a hearing,

impose conditions on the registration that are in addition to the

conditions referred to in subsection (1).

(4) When the board imposes a condition under subsection (3) without a

hearing, the board must inform the registrant about the registrant's right

to a hearing under

section 91 of the Act.

Application for board hearing

18(1) A licensee may apply to the board for a hearing if the board has,

without a hearing, imposed a condition on the licence under the authority

of this Regulation.

(2) Section 91(4) to (8) of the Act apply to the application and to the

board's powers and responsibilities in respect of the application.

PART 2

GAMING AND PROVINCIAL LOTTERIES

Licences

Gaming licences

19 The following classes of gaming licence are established:

(

a) bingo licence: authorizes a bingo event in a licensed facility

or other place specified in the licence;

(

b) pull ticket licence: authorizes a lottery scheme in which a

participant pulls open a ticket to determine if a prize has been won;

(

c) raffle licence: authorizes a lottery scheme in which tickets

are sold for a chance to win a prize;

(

d) casino licence: authorizes a casino.

Eligibility of gaming licence applicants

20 An applicant for a gaming licence that authorizes a gaming activity

under

section 207(1)(b), (

d) or (

f) of the Criminal Code (Canada) must

(

a) be a charitable or religious organization, and

(

b) satisfy the board that the proceeds from the gaming activity

will be used for a charitable or religious object or purpose approved by

the board.

Accounting by gaming licensee

21 A gaming licensee must provide an accounting of the proceeds of the

lottery scheme authorized by the licence if required by the board.

Facility licences

22 The following classes of facility licence are established:

(

a) bingo facility licence: authorizes the operation of a facility

in which a bingo event may be conducted;

(

b) casino facility licence: authorizes the operation of a

facility in which a casino may be conducted.

Eligibility of facility licence applicants

23(1) In this section, "bingo association" means an association of

charitable or religious organizations formed for the purpose of conducting

gaming activities.

(2) In addition to individuals, partnerships and corporations being

eligible for a facility licence, the volunteer executive of a bingo

association is eligible for a facility licence.

Registration

Gaming worker

24 For the purposes of the Act and this Regulation, "gaming worker" means

a person paid to assist a gaming licensee in the conduct or management of a

gaming activity, other than

(

a) a person who is paid to sell raffle or pull tickets,

(

b) a person who is paid to manage a raffle in which the sale

price of all tickets to be sold under the raffle is $10 000 or less, or

(

c) a person who works in a facility in which a licensed gaming

activity takes place if the facility is not required to be licensed under

section 36(1)(

b) of the Act.

Registration of gaming workers

25 The following classes of registration of gaming workers are

established:

(

a) bingo worker: authorizes a person to perform a function

specified in the registration at a bingo event;

(

b) casino worker: authorizes a person to perform a function

specified in the registration at a casino;

(

c) raffle ticket manager: authorizes a person to manage a raffle

where the sale price of all tickets authorized to be sold exceeds $10 000;

(

d) pull ticket manager: authorizes a person to manage the sale of

pull tickets.

Eligibility of gaming workers

26(1) Only individuals are eligible to be registered as gaming workers.

(2) To be eligible to be registered to perform a function as a gaming

worker, an individual must

(

a) have the experience specified by the board for the function,

and

(

b) if the board establishes an exam for the function, achieve at

least the minimum exam score specified by the board.

Additional classes of registration

27 The following additional classes of registration are established:

(

a) a class of registration that authorizes the registrant to

provide gaming workers;

(

b) a class of registration that authorizes a person to deal in

gaming supplies approved by the board;

(

c) a class of registration that authorizes a person to deal in

video lottery terminals approved by the board.

General

Deposit for costs

28(1) An applicant for a casino facility licence or for a registration

that authorizes the applicant to deal in video lottery terminals approved

by the board must submit a $5000 deposit with the application.

(2) The Commission may use the $5000 to pay the costs of conducting

background checks in respect of the application and for other costs

involved in determining if the licence or registration should be issued or

granted.

(3) If the costs referred to in subsection (2) exceed $5000, the applicant

must submit to the Commission an additional amount specified by the

Commission to cover the costs.

(4) If the costs referred to in subsection (2) do not exceed the amount

submitted to the Commission under this section, the Commission must refund

the surplus to the applicant.

(5) This

section does not apply to the renewal of a licence or

registration.

Term of licence and registration

29 The term of a gaming licence or facility licence or registration

referred to in this

Part is for a period of one or 2 years as specified in

the licence or registration.

Cancellation of licence or registration

30(1) If a person who holds a gaming or facility licence or who is

registered under this Part sells, assigns or transfers the licence or

registration, the licence or registration is cancelled.

(2) If 50% or more of the ownership of the business under which the

activities authorized by a licence or registration are carried out is sold,

assigned or transferred, the licence or registration is cancelled.

Licence cancellation on dispossession of business

31(1) If a facility licensee, through bankruptcy or operation of law,

becomes dispossessed of the business under which the activities authorized

by the licence are carried out, the licence is cancelled.

(2) If subsection (1) applies, the board may issue a temporary licence to

a person to carry on the activities authorized by the cancelled licence,

subject to any conditions set out in the temporary licence.

(3) A temporary licence is valid for 3 months or until the cancelled

licence would have expired if subsection (1) did not apply, whichever is

later.

(4) A person who holds a temporary licence may, while the temporary

licence is in force, apply for a new licence.

Death of licensee

32(1) When a facility licensee who is an individual dies, the licence

continues in force until the expiry date of the licence unless it is

suspended or cancelled earlier.

(2) While the licence is in force, the licensee is

(

a) a person specified by the board, or

(

b) the trustee, executor or administrator who is entitled to

administer the estate of the deceased if the board does not specify a

person.

Posting of licences

33(1) A gaming facility licensee must post in a prominent place in the

licensed facility

(

a) the facility licence, and

(

b) any document or information that the board or Commission

requires to be posted.

(2) When the activities authorized by a gaming licence are conducted in a

licensed facility, the gaming licensee must post in a prominent place in

the licensed facility

(

a) the gaming licence, and

(

b) any document or information that the board or Commission

requires to be posted.

Minors in casinos

34 No casino facility licensee or employee or agent of a casino facility

licensee may permit a minor to enter into or remain in the licensed

facility when a casino is being conducted in the facility.

PART 3

LIQUOR

Division 1

Liquor Licences

Class A Liquor Licences

Class A liquor licence

35 A Class A liquor licence authorizes the licensee

(

a) to purchase liquor from the Commission or as otherwise directed

by the board,

(

b) to possess, store and use liquor in the licensed premises, and

(

c) to sell or provide liquor from the licensed premises for

consumption in the licensed premises.

Licensed premises

36 The licensed premises under a Class A liquor licence must be a hotel

or other premises that any member of the public is permitted to enter.

Hotel

37 If the licensed premises under a Class A liquor licence are located in

a hotel, the licence also authorizes the licensee

(

a) to sell or provide liquor from the licensed premises to a guest

room in the hotel, and

(

b) to sell or provide liquor from self-service bars located in a

guest room in the hotel.

Class B Liquor Licences

Class B liquor licence

38 A Class B liquor licence authorizes the licensee

(

a) to purchase liquor from the Commission or as otherwise directed

by the board,

(

b) to possess, store and use the liquor in the licensed premises,

and

(

c) to sell or provide the liquor from the licensed premises for

consumption in the licensed premises.

Licensed premises

39 The licensed premises under a Class B liquor licence must be a

recreational facility, tourist facility, race track, sports stadium,

convention centre, theatre or public conveyance in which entrance is

restricted to persons who purchase a ticket or pay a user fee or on some

other basis acceptable to the board.

Sales tied to events

40 If the licensed premises under a Class B liquor licence are located in

a sports stadium, convention centre or theatre, the licensee is authorized

to sell liquor only in conjunction with an event that is approved by board

policy or that has been specifically approved by the board.

Stadium bylaws

41 A council of a municipality may pass bylaws specifying

(

a) the days, hours and areas in which liquor may be sold by a

Class B liquor licensee in a sports stadium, and

(

b) the hours and areas that liquor purchased from a Class B liquor

licensee may be consumed in a sports stadium.

Class C Liquor Licences

Class C liquor licence

42 A Class C liquor licence authorizes the licensee

(

a) to purchase liquor from the Commission or as otherwise directed

by the board,

(

b) to possess, store and use the liquor in the licensed premises,

and

(

c) to sell or provide the liquor from the licensed premises for

consumption in the licensed premises.

Licensed premises

43 The licensed premises under a Class C liquor licence must be a club,

canteen, travellers' lounge or institution in which entrance is restricted

to members and their guests, residents and their guests or on some other

basis acceptable to the board.

Canteen

44 An application for a Class C liquor licence in respect of a canteen

must be made by the officer in charge of the Canadian Forces Base, police

service or federal or provincial correctional training facility in which

the canteen will be located.

Institution

45 An application for a Class C liquor licence in respect of an

institution must be accompanied by the consent of the authority that

directs the operation of the institution.

Travellers' lounge

46 An application for a Class C liquor licence in respect of a

travellers' lounge must be made by the person that operates the public

conveyance that the lounge is associated with.

Class D Liquor Licences

Class D liquor licence

47 The following subclasses of a Class D liquor licence are established:

(

a) retail liquor store licence: authorizes the licensee

(

i) to purchase liquor from the Commission or as

otherwise directed by the board,

(ii) to possess and store liquor in the licensed

premises,

(iii) to sell or provide liquor from the licensed

premises for consumption off the licensed premises,

(iv) to sell or provide from the licensed premises

liquor samples for consumption in the licensed premises, and

(

v) to sell liquor, with the prior approval of the

board, at a function at premises specified by the board for consumption off

those premises;

(

b) general merchandise liquor store licence: authorizes the

licensee to do the things that a retail liquor store licence authorizes in

conjunction with a general merchandising business;

(

c) general off sales licence: authorizes a person who holds a

Class A liquor licence for licensed premises in a hotel or for licensed

premises other than a hotel that are approved by the board

(

i) to purchase liquor from the Commission or as

otherwise directed by the board,

(ii) to possess and store liquor in the licensed

premises,

(iii) to sell or provide liquor from licensed premises

described in the general off sales licence for consumption off those

licensed premises, and

(iv) to sell or provide from the licensed premises

described in the general off sales licence liquor samples for consumption

in those licensed premises;

(

d) manufacturer's off sales licence: authorizes a person who

holds a Class E manufacturer's or brew pub licence

(

i) to purchase from the Commission liquor manufactured

by the person under the Class E liquor licence,

(ii) to possess and store the liquor in the licensed

premises described in the manufacturer's off sales licence, and

(iii) subject to

section 53, to sell or provide the

liquor from the licensed premises described in the manufacturer's off sales

licence for consumption off those premises;

(

e) sacramental wine resale licence: authorizes the licensee

(

i) to purchase wine from the Commission or as

otherwise directed by the board,

(ii) to possess and store the wine in the licensed

premises, and

(iii) to sell the wine to religious organizations for

sacramental purposes;

(

f) delivery service licence: authorizes the licensee

(

i) to take orders from an adult who wishes to purchase

liquor,

(ii) to purchase liquor to fill the order from a retail

or general merchandise liquor store licensee or a general or manufacturer's

off sales licensee,

(iii) to deliver the liquor to the adult who ordered it

at a place where it is lawful to store or consume the liquor, and

(iv) to sell the liquor to the adult who ordered it.

Separate business

48(1) The board may not issue a retail liquor store licence to an

applicant unless the business under which activities authorized by the

licence will be carried out is separate from any other business of the

applicant.

(2) Despite subsection (1), the board may issue more than one retail

liquor store licence to an applicant if the business under which activities

authorized by the licences will be carried out is separate from any other

business of the applicant.

(3) Despite subsection (1), the board may issue a retail liquor store

licence to an applicant if the business under which activities authorized

by the licence will be carried out is part of a business that operates a

hotel.

Selling liquor related products

49 A licensee who holds a retail liquor store licence or a general off

sales licence may not sell or provide from the licensed premises any

non-liquor products except for liquor related products that are approved by

the board.

Other business operations

50 A licensee who holds a retail liquor store licence and who operates or

is involved in another business may not

(

a) offer discounts on purchases in one business based on purchases

in the other business;

(

b) operate a customer loyalty program in one business which

recognizes purchases made in the other business;

(

c) sell trademark or brand name products of the other business in

the retail liquor store unless those products are also available for

wholesale purchase by other licensees and are not referred to by the other

business's name.

General merchandise liquor store licence

51(1) The board may issue a general merchandise liquor store licence only

(

a) a person who holds an existing general merchandise liquor store

licence and is renewing the licence, or

(

b) a person who acquired the business under which the activities

of an existing general merchandise liquor store licence were operated and

the person is applying for a general merchandise liquor store licence for

the same premises.

(2) The board may not issue a general merchandise liquor store licence for

a general merchandise liquor store located in a municipality if a retail

liquor store licence is in force for a retail liquor store located in the

same municipality.

Containers

52 A Class D liquor licensee and the employees and agents of the licensee

may only sell liquor under the licence

(

a) in containers approved by the board, and

(

b) in bottles, cans, boxes or other receptacles used for holding

liquor that have not been opened.

Restriction on sales

53 A manufacturer's off sales licensee may not sell or provide liquor

referred to in

section 47(

d) to a liquor licensee unless

(

a) the liquor licensee is a special event licensee, or

(

b) the board authorizes the manufacturer's off sales licensee to

sell or provide the liquor to another class of licensee.

Delivery service licence

54 A delivery service licensee may not store liquor.

Class E Liquor Licences

Class E liquor licence

55 The following subclasses of a Class E liquor licence are established:

(

a) manufacturer's licence: authorizes the licensee

(

i) to manufacture liquor in the licensed premises,

(ii) to possess and store the liquor it manufactures in

the licensed premises,

(iii) to sell the liquor it manufactures to the

Commission, and

(iv) to provide, in accordance with board policy, liquor

it manufactures to its employees and their guests for consumption in the

licensed premises;

(

b) brew pub licence: authorizes a Class A liquor licensee

(

i) to manufacture beer in the quantity approved by the

board in the premises licensed under the Class A liquor licence,

(ii) to possess and store the beer in the premises

licensed under the Class A liquor licence,

(iii) to sell the beer it manufactures to the Commission,

and

(iv) to provide, in accordance with board policy, the

beer it manufactures to its employees and their guests for consumption in

the premises licensed under the Class A liquor licence.

Brew pub licence

56(1) No brew pub licence may be issued in respect of premises unless the

applicant

(

a) holds a Class A liquor licence for those premises,

(

b) agrees to purchase from the Commission at a price established

by the board the beer it manufactures, and

(

c) provides security satisfactory to the board to ensure payment

of the purchase price referred to in clause (b).

(2) Subsection (1)(

a) does not prevent a person from applying for a Class

A liquor licence and a brew pub licence at the same time.

Sale or provision of brew pub beer

57 A person who holds a Class A liquor licence and a brew pub licence for

the same premises and also holds another Class A liquor licence for other

premises may only sell or provide beer manufactured under the brew pub

licence from those other premises if the person obtains the approval of the

board.

Standards and labelling

58 A Class E liquor licensee must

(

a) ensure that liquor manufactured under the licence complies with

the standards and requirements established by or under federal legislation,

and

(

b) ensure that a label that complies with the standards and

requirements established by or under federal legislation is attached to all

containers of liquor manufactured for sale in Alberta.

Duty Free Store Licences

Duty free store licence

59 A duty free store licence authorizes the licensee

(

a) to purchase liquor from the Commission or as otherwise directed

by the board,

(

b) to possess and store the liquor in the licensed premises, and

(

c) to sell the liquor from the licensed premises to persons who

are taking the liquor outside of Canada.

Customs Act (Canada)

60(1) The board may not issue a duty free store licence for premises

unless the applicant holds a licence under the Customs Act (Canada) that

authorizes the premises to be operated as a duty free shop.

(2) If the licence under the Customs Act (Canada) referred to in

subsection (1) is no longer in force, the duty free store licence for the

premises is cancelled.

Containers

61 A duty free store licensee and the employees and agents of the

licensee may only sell liquor under the licence

(

a) in containers approved by the board, and

(

b) in bottles, cans, boxes or other receptacles used for holding

liquor that have not been opened.

Special Event Licences

Special event licence

62 The following subclasses of a special event licence are established:

(

a) public resale licence: authorizes the licensee to possess,

store, sell and provide liquor from the licensed premises for consumption

in the licensed premises in relation to an event specified in the licence

that is open to the public;

(

b) private resale licence: authorizes the licensee to possess,

store, sell and provide liquor from the licensed premises for consumption

in the licensed premises in relation to a private event specified in the

licence;

(

c) private non-sale licence: authorizes the licensee to possess,

store and provide liquor from the licensed premises for consumption in the

licensed premises in relation to a private event specified in the licence;

(

d) hospitality licence: authorizes a liquor agency or a liquor

supplier described in

section 1(1)(t)(ii) or (iii) of the Act to possess,

store and provide liquor in the licensed premises for consumption in the

licensed premises in relation to an event specified in the licence;

(

e) competition licence: authorizes

(

i) the licensee to transport home-made wine, cider or

beer to and from the licensed premises at which the competition specified

in the licence will take place,

(ii) the licensee to display the home-made wine, cider

or beer in the licensed premises during the period of time specified in the

licence, and

(iii) the people judging and participating in the

competition to taste the home-made wine, cider or beer in the licensed

premises;

(

f) industrial use licence: authorizes the licensee to possess,

store and use liquor in the licensed premises for the purposes of an

industrial, mechanical, food processing or manufacturing business.

Off sales

63 A public resale licence issued in respect of a food fair or auction of

liquor may authorize the sale or provision of liquor for consumption off

the licensed premises.

Food fair and trade show

64 A special event licence issued in respect of a food fair or trade show

may authorize a liquor supplier or liquor agency that is not the special

event licensee to sell liquor for consumption at the food fair or trade

show.

Conditions on special event licences

65(1) A special event licensee must purchase liquor that is to be provided

or sold under the authority of the special event licence from a Class D

licensee or as otherwise directed by the board.

(2) A special event licensee or an agent of a special event licensee may

transport liquor purchased under the special event licence to the

licensee's or the agent's residence and from the residence to the licensed

premises.

(3) Unless otherwise authorized by the board, a special event licensee

must, within 48 hours after the licence expires, ensure that the liquor

purchased under the licence that has not been consumed is removed from the

premises that were licensed.

Special Requirements for Liquor Licences

Liquor servings

66 If a Class A, B or C liquor licensee is required under board policy to

have a menu or price list for drinks that contain liquor, the menu or price

list must specify the amount of liquor contained in the drinks.

Food service

67 A Class A, B or C liquor licensee must comply with the requirements of

the board respecting the provision of a food service from the licensed

premises, including requirements respecting the type of kitchen facilities

and food preparation equipment that are associated with the food service.

Dispensing, serving and mixing liquor

68(1) The board may make policies respecting the use by liquor licensees

of dispensing systems and other matters to ensure licensees provide patrons

with the brand and amount of liquor purchased by the patron.

(2) A liquor licensee may sell or provide for consumption in licensed

premises only liquor dispensed from the original bottle, can, box or other

receptacle used to hold the liquor purchased under the licence.

(3) If a liquor licensee serves liquor for consumption in licensed

premises in the original bottle, can, box or other receptacle used to hold

the liquor purchased under the licence, the bottle, can, box or other

receptacle must be open when the liquor is served.

(4) If a liquor licensee serves liquor for consumption in licensed

premises in a container that is not the original bottle, can, box or

receptacle used to hold the liquor purchased under the licence, the

container must be satisfactory to the board.

(5) Liquor from one container may not be mixed with liquor from another

container unless the liquor is

(

a) mixed at the request of a patron and served to the patron in a

glass or other container satisfactory to the board, or

(

b) liquor from one container, as shipped by the distributor, of a

particular brand poured into another size container of the same brand, as

shipped by the distributor.