Alberta Gazette — 15 March 2019 (Part II)
15 March 2019
Alberta — Gazette
Alberta Regulation 29/2019
Safety Codes Act
EXEMPTION AMENDMENT REGULATION
Filed: February 22, 2019
For information only: Made by the Minister of Municipal Affairs (M.O. P:001/19)
on February 15, 2019 pursuant to
section 2(2) of the Safety Codes Act.
1 The Exemption Regulation (AR 351/2003) is amended by
this Regulation.
Section 5 is amended
(
a) by striking out "clause 5.7.1.4(1) of the Alberta Fire Code
2014" and substituting "clause 5.1.1.4(1) of the National
Fire Code - 2019 Alberta Edition";
(
b) in clause (
d) by striking out "Alberta Fire Code 2014"
and substituting "National Fire Code - 2019 Alberta
Edition".
Section 5.1(1) is amended
(
a) in clause (
a) by striking out "Alberta Building Code
2014" and substituting "National Building Code - 2019
Alberta Edition";
(
b) in clause (
c) by striking out "Alberta Fire Code 2014"
and substituting "National Fire Code - 2019 Alberta
Edition".
Section 10.1 is amended by striking out "Alberta Building
Code 2014" wherever it occurs and substituting "National
Building Code - 2019 Alberta Edition".
5 This Regulation comes into force on April 1, 2019.
Alberta Regulation 30/2019
Apprenticeship and Industry Training Act
HEAVY EQUIPMENT TECHNICIAN TRADE AMENDMENT REGULATION
Filed: February 25, 2019
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on October 3, 2018 and approved by the Minister of Advanced Education on
January 7, 2019 pursuant to
section 33(2) of the Apprenticeship and Industry Training
Act.
1 The Heavy Equipment Technician Trade Regulation
(AR 282/2000) is amended by this Regulation.
Section 1 is amended
(
a) by repealing clause (b.1) and substituting the
following:
(b.1) "off road equipment" means off-highway industrial
vehicles, engines, trailers, equipment and attachments;
(
b) in clause (b.2) by adding "and trailers" after "vehicles".
Section 8 is amended
(
a) in subsection (1) by striking out "4" and
substituting "5";
(
b) in subsection (2) by striking out "1500" and
substituting "1560";
(
c) in subsection (3) by striking out "1500" and
substituting "1620";
(
d) in subsections (4) and (5) by striking out "1500" and
substituting "1560";
(
e) by adding the following after subsection (5):
(6) In the 5th period of the apprenticeship program an apprentice
must acquire not less than 1620 hours of on the job training and
successfully complete the technical training that is required or
approved by the Board.
Section 9(2.1) is amended
(
a) in clause (
a) by striking out "4th" and substituting
5th";
(
b) in clause (
c) by striking out "3rd" and substituting
"4th".
Section 10(2) is amended by adding the following after
clause (d):
(e) 95% in the 5th period of the apprenticeship program.
6 The heading for
Part 3 is amended by striking out
"Mechanic (Off Road)" and substituting "Technician".
Section 12 is repealed and the following is substituted:
Undertakings constituting the branch
12 The undertakings that constitute the heavy duty equipment
technician branch of the trade are the maintenance, component
replacement, diagnosis and repair of off road equipment.
Section 14 is amended
(
a) by repealing subsection (1) and substituting the
following:
Term of the apprenticeship program
re heavy duty equipment technician
14(1) Subject to credit for previous training or experience
being granted pursuant to an order of the Board, the term of an
apprenticeship program for the heavy duty equipment
technician branch of the trade is 3 periods of not less than 12
months each.
(
b) in subsections (2), (3) and (4) by striking out "1500"
and substituting "1560".
9 The following is added after
section 14:
Apprenticeship re agricultural
equipment technician
14.1(1) Where a person
(
a) is engaged in an apprenticeship program under the
Agricultural Equipment Technician Trade Regulation
(AR 259/2000), and
(
b) does not hold a trade certificate in the heavy duty equipment
technician branch of the trade,
that person is deemed to be an apprentice in the heavy duty
equipment technician branch of the trade.
(2) Notwithstanding
section 14, a person who is engaged in an
apprenticeship program in the trade of agricultural equipment
technician is deemed to have acquired the necessary hours of on the
job training and to have successfully completed the technical training
that is required or approved by the Board for the heavy duty
equipment technician branch of the trade if that person acquires
under the apprenticeship program in the trade of agricultural
equipment technician the number of hours and successfully
completes the technical training that is attributable to the training of
a heavy duty equipment technician.
Section 15 is amended
(
a) in subsection (2.1)
(
i) in clause (
a) by striking out "4th" and
substituting "5th";
(ii) in clause (
c) by striking out "3rd" and
substituting "4th";
(
b) in subsection (3) by adding the following after
clause (c):
(
d) with respect to a person who is an apprentice in the
heavy duty equipment technician branch of the trade by
virtue of being engaged in an apprenticeship program in
the trade of agricultural equipment technician, employ
that apprentice, subject to the Agricultural Equipment
Technician Trade Regulation (AR 259/2000), to carry
out any of the undertakings that constitute the heavy
duty equipment technician branch of the trade.
Section 16 is amended
(
a) in subsection (2)
(
i) in clause (
b) by striking out "70%" and
substituting "80%";
(ii) in clause (
c) by striking out "80%" and
substituting "90%";
(
b) by adding the following after subsection (2):
(3) Notwithstanding subsection (2), with respect to a person who
is an apprentice in the heavy duty equipment technician branch
of the trade by virtue of being engaged in an apprenticeship
program in the trade of agricultural equipment technician, a
person employing that apprentice must pay wages to that
apprentice in accordance with the Agricultural Equipment
Technician Trade Regulation (AR 259/2000).
12 The heading for
Part 4 is amended by striking out
"Mechanic" and substituting "Technician".
Section 20 is amended
(
a) by repealing subsection (1) and substituting the
following:
Term of the apprenticeship program
re truck and transport technician
20(1) Subject to credit for previous training or experience
being granted pursuant to an order of the Board, the term of an
apprenticeship program for the truck and transport technician
branch of the trade is 4 periods of not less than 12 months
each.
(
b) in subsection (2) by striking out "1500" and
substituting "1560";
(
c) in subsection (3) by striking out "1500" and
substituting "1620";
(
d) in subsection (4) by striking out "1500" and
substituting "1560";
(
e) by adding the following after subsection (4):
(5) In the 4th period of the apprenticeship program an apprentice
must acquire not less than 1620 hours of on the job training and
successfully complete the technical training that is required or
approved by the Board.
Section 21(2.1) is amended
(
a) in clause (
a) by striking out "4th" and substituting
"5th";
(
b) in clause (
c) by striking out "3rd" and substituting
"4th".
Section 22(2) is amended by adding the following after
clause (c):
(d) 90% in the 4th period of the apprenticeship program.
16 The heading for
Part 5 is amended by striking out
"Mechanic" and substituting "Technician".
Section 25(
b) is amended
(
a) in subclause (iv) by striking out "and";
(
b) by adding the following after subclause (v):
(vi) shop equipment and tools,
(vii) axles and wheel end assemblies, and
(viii) hydraulic systems.
Section 26 is amended
(
a) by repealing subsection (1) and substituting the
following:
Term of the apprenticeship program
re transport trailer technician
26(1) Subject to credit for previous training or experience
being granted pursuant to an order of the Board, the term of an
apprenticeship program for the transport trailer technician
branch of the trade is 2 periods of not less than 12 months
each.
(
b) in subsection (2) by striking out "1500" and
substituting "1560";
(
c) in subsection (3) by striking out "1800" and
substituting "1620".
Section 27(2.1) is amended
(
a) in clause (
a) by striking out "4th" and substituting
"5th";
(
b) in clause (
c) by striking out "3rd" and substituting
"4th".
20 The following provisions are amended by striking out
"mechanic" wherever it occurs and substituting "technician":
section 2(2)(b), (
c) and (d);
section 9(2.1)(
b) and (
c) and (3);
section 13;
sections 15 and 16;
sections 18 and 19;
sections 21 and 22;
sections 24 and 25;
sections 27 and 28.
21 The following provisions are amended by striking out
"(off road)" wherever it occurs:
section 2(2)(b);
section 9(2.1)(
b) and (3)(a);
section 13;
sections 15 and 16;
section 21(2.1)(
b) and (3)(b);
section 27(2.1)(
b) and (3).
22 This Regulation comes into force on May 1, 2020.
--------------------------------
Alberta Regulation 31/2019
Child, Youth and Family Enhancement Act
CHILD, YOUTH AND FAMILY ENHANCEMENT
AMENDMENT REGULATION
Filed: February 25, 2019
For information only: Made by the Minister of Children's Services (M.O. 2019-03)
on February 21, 2019 pursuant to
section 131(2) of the Child, Youth and Family
Enhancement Act.
1 The Child, Youth and Family Enhancement Regulation
(AR 160/2004) is amended by this Regulation.
Section 2(2) is repealed and the following is substituted:
(2) A plan referred to in
section 52(1.3) or 63(1)(f), (2)(
f) or (3)(
e) of the Act must be
(
a) in Form 20 as set out in
Schedule 1, or
(
b) in another form satisfactory to a director that includes at least
the information required by Form 20.
Section 6(2) is amended by striking out "in Form 9 of
Schedule 1".
Section 10 is repealed and the following is substituted:
Supports for permanency
10(1) In this section, "supports for permanency recipient" means a
person to whom financial assistance is provided under
section
105.795 of the Act.
(2) The financial assistance that may be provided pursuant to
section
105.795 of the Act is the following:
(
a) the basic maintenance rate available for a child in foster care;
(
b) the cost of parental respite services to a maximum of 576
hours annually, as determined by a director, for all children
in respect of whom the supports for permanency recipient is
receiving financial assistance under
section 105.795 of the
Act combined, at an hourly rate determined by the director;
(
c) in the case of a child who is a First Nation Individual, the
cost of travel, as determined by a director, of the child, the
supports for permanency recipient and the recipient's other
family members
(
i) to and from the child's band, community or extended
family for the purpose of respecting, supporting and
preserving the child's Indigenous identity, culture,
heritage, spirituality, language and traditions, and
(ii) for other purposes related to respecting, supporting and
preserving the child's Indigenous identity, culture,
heritage, spirituality, language and traditions
to an annual maximum determined by a director;
(
d) the cost or partial cost, to a maximum determined by a
director, for the provision of orthodontic treatment for the
child recommended by a dentist as medically necessary, to
the extent that payment for the treatment is not available
from another program or source and the financial assistance
is the supports for permanency recipient's last resort;
(
e) if the child has behavioural or emotional problems,
(
i) the cost of up to 10 one-hour counselling sessions
annually at an hourly rate determined by a director,
(ii) the cost of treatment of the child in a residential facility
satisfactory to a director, to an annual maximum
determined by the director, if the director is of the
opinion that the placement of the child is likely to break
down without the treatment,
(iii) up to $70 weekly, as determined by a director, to
purchase any additional services required to address the
child's additional needs with respect to behavioural or
emotional problems, and
(iv) the cost or partial cost, to a maximum determined by the
director, of a medical or psychological assessment of
the child that is necessary to establish eligibility for
other programs or services, if the supports for
permanency recipient is not eligible to receive payment
for the assessment from another program or source and
the financial assistance is the supports for permanency
recipient's last resort.
(3) Financial assistance under
section 105.795 of the Act may only
be provided pursuant to an agreement entered into in Form 13 of
Schedule 1.
(4) Either party to an agreement referred to in subsection (2) may
cancel the agreement on 30 days' written notice to the other party.
(5) An adult person who is caring for a child and who has applied to
a court for guardianship of the child or to adopt the child must
(
a) provide a filed copy of the application and of any order made
with respect to the application to a director, and
(
b) meet any other requirements as specified by the director
to be provided with financial assistance under
section 105.795(2) of
the Act.
(6) A director must review an agreement referred to in subsection
(2) (
a) at least every 6 months in a case in which financial assistance
is being provided under
section 105.795(2) of the Act and at
least annually in every other case, and
(
b) within 30 days after receiving a written request for a review
from the supports for permanency recipient.
(7) Without limiting the application of subsection (4), if, after a
review under subsection (6) or after a director receives information
about a change in circumstance, the director is of the opinion that
(
a) the needs of the child have changed, or
(
b) the financial ability of the supports for permanency recipient
to maintain the child or to pay for the services required to
meet the needs of the child has changed,
the director may, at the discretion of the director, immediately, or on
30 days' written notice to the supports for permanency recipient,
vary or cancel the agreement.
Section 22 is amended by striking out "Human Services"
and substituting "Children's Services".
Schedule 1 is amended
(
a) in Form 8 by striking out "Registered Indian" and
substituting "registered under the Indian Act (Canada)";
(
b) by repealing Form 9;
(
c) in Forms 10, 11 and 12 in
section 2
(
i) by striking out "the Transition to Independence Plan"
and substituting "the plan for the person's transition
to independence and adulthood";
(ii) by striking out "the attached Transition to
Independence Plan" and substituting "the attached
plan for the person's transition to independence and
adulthood";
(
d) in Form 13
(
i) by repealing
section 1 and substituting the
following:
1 Regarding the child:
(Name)
, born (date -yyyy/mm/dd)
[] An adoption order was granted respecting this child
on (date - yyyy/mm/dd) .
[] A private guardianship order was granted respecting
this child on (date - yyyy/mm/dd) .
[] A subsequent adoption order or guardianship order
was granted respecting this child
on (date - yyyy/mm/dd) .
[] An application for an adoption order or guardianship
order was filed respecting this child
on (date - yyyy/mm/dd) .
(ii) in
section 2
(
A) by striking out "sections 56.1 and 81" and
substituting "section 105.795";
(
B) by striking out "between a director and (name
of adoptive parents ("parents") or private
guardians) " and substituting "between a
director and (name of supports for permanency
recipient or recipients) ";
(
C) by striking out "the parents/private guardians"
and substituting "the supports for permanency
recipient";
(
D) by striking out "The parents/private guardians
agree" and substituting "The supports for
permanency recipient agrees";
(iii) by repealing sections 3 and 4 and substituting
the following:
3 Terms: Maintenance
The supports for permanency recipient requires financial
support to assist to maintain the child.
A director agrees to provide the supports for
permanency recipient with a daily maintenance rate to
maintain the child. The maintenance rate will be:
[] (# of days) at $ (daily rate) =
$ (amount) per year
[] (# of days) at $ (daily rate) =
$ (amount) per year
Total = $ (amount) per year
A director agrees to pay:
$ (total per year) ö 12 months =
$ (amount) each month
4 Terms: Financial Assistance for the Purchase of
Services
[] This child is the subject of an agreement under the
Family Support for Children with Disabilities Act.
A director agrees to pay for the following:
[] the cost of parental respite services, for all children in
respect of whom the supports for permanency recipient
is receiving financial
assistance under
section 105.795 of the Act combined,
for (up to 576 hours) hours
annually, at the rate of $ (amount) per hour;
[] in the case of a child who is a First Nation Individual,
the cost of travel, as determined by a director, of the
child, the supports for permanency recipient and the
recipient's other family members
(
a) to and from the child's band, community or
extended family for the purpose of respecting,
supporting and preserving the child's Indigenous
identity, culture, heritage, spirituality, language
and traditions, and
(
b) for other purposes relating to respecting,
supporting and preserving the child's Indigenous
identity, culture, heritage, spirituality, language
and traditions
to a maximum of $ (amount) annually;
[] the cost or partial cost, as determined by a director,
for the provision of orthodontic treatment for the child
recommended by a dentist as medically necessary, if the
supports for permanency recipient is not eligible to
receive payment for the treatment from another program
or source and the financial assistance is the supports for
permanency recipient's last resort;
[] to help address the child's emotional or behavioural
problems:
[] the cost of (up to 10) one-hour counselling
sessions annually, at the rate of $ (amount) per
hour;
[] the cost of treatment of the child in
(name of residential facility) for a period of (#
of weeks) weeks, to a maximum
of $ (amount) annually;
[] the cost or partial cost, to a maximum of
$ (amount) , as determined by a director, for a
medical or psychological assessment of the child
necessary to establish eligibility for other
programs or services, if the supports for
permanency recipient is not eligible to receive
payment for the assessment from another program
or source and the financial assistance is the
supports for permanency recipient last resort.
The supports for permanency recipient agrees to make
sure the child receives the services a director has agreed
to pay for as set out in this section.
In the case of a supports for permanency recipient to
whom financial assistance is being provided under
section 105.795(2) of the Act, the supports for
permanency recipient understands that
(
a) the recipient is required
(
i) to provide to a director a filed copy of the
application for an adoption order or
guardianship order and any order made with
respect to the application, and
(ii) to meet any other requirements as specified
by a director,
to be provided with financial assistance under
section 105.795(2), and
(
b) that a review of this agreement will be conducted 6
months after the date of this agreement or earlier
as determined by a director.
A director agrees to reimburse the supports for
permanency recipient for the services agreed to on
receiving receipts for the services, but a director may
pay the service provider directly if the director considers
it would be appropriate to do so.
Without limiting a director's right to cancel this
agreement, the supports for permanency recipient
understands and agrees that a director may vary or
cancel the terms in
section 4 of this agreement
immediately or on 30 days' written notice to the
supports for permanency recipient if the director is of
the opinion that the needs of the child have changed or
the financial ability of the supports for permanency
recipient to maintain the child or to pay for the services
required to meet the needs of the child has changed.
(iv) in
section 5
(
A) by striking out "$70" and substituting
" $ (up to $70) ";
(
B) by striking out "parents / private guardians
understand and agree" and substituting
"supports for permanency recipient understands
and agrees";
(
C) by striking out "parents/private guardians agree"
and substituting "supports for permanency
recipient agrees";
(
D) by striking out "parents/private guardians
understand and agree" and substituting
"supports for permanency recipient understands
and agrees";
(
E) by striking out "or that the child no longer
places an undue burden on the finances of the
parents/private guardians";
(
v) in
section 6
(
A) by striking out the following:
The parents/private guardians agree to inform the
director about any change in the child's needs, and
about any change in their financial ability to
provide the services the director has agreed to
provide described above.
and substituting the following:
The supports for permanency recipient agrees to
inform a director, as soon as possible, about any
change in the needs of the child or in the family's
circumstances that could affect the supports for
permanency recipient's financial ability to
maintain the child or to pay for the services
required to meet the needs of the child or any other
matter relating to this agreement.
(
B) by striking out "This agreement terminates
without notice if the parents/private guardians
cease to reside in Canada..";
(vi) in
section 7 by striking out "adoptive
parent's/private guardian's" wherever it occurs and
substituting "supports for permanency recipient";
(
e) in Form 14 in
section 3
(
i) by striking out "aboriginal" and substituting
"Indigenous";
(ii) by striking out "Indian Registration Number" and
substituting "If registered under the Indian Act
(Canada), registration number";
(
f) in Form 17 in
Part 2
(
i) by striking out "section 56.1 of the Act regarding the
child who was made the subject of a private
guardianship order on (date) " and substituting
"section 105.795 of the Act regarding the child";
(ii) by striking out the following:
[] the refusal or failure of a director to provide
financial assistance to me pursuant to
section 81 of
the Act regarding the child who was made the
subject of an adoption order on (date) .
(
g) in Form 20
(
i) by repealing the heading "Cultural Connection
Plan" and substituting "Plan";
(ii) in
Part 1 and
Part 2 by striking out the
following:
Registered Indian (yes or no)
and substituting
Indigenous (yes or no)
First Nation Individual (yes or no)
eligible to be registered
under the Indian Act (Canada) (yes or no)
registered under the
Indian Act (Canada) (yes or no)
(iii) by repealing
Part 3 and substituting the
following:
Part 3 - The Plan
How does the Applicant plan to respect, support and
preserve the child's Indigenous identity, culture,
heritage, spirituality, language and traditions?
__________________________________________
7 This Regulation comes into force on February 28, 2019.
--------------------------------
Alberta Regulation 32/2019
Child, Youth and Family Enhancement Act
RESIDENTIAL FACILITIES LICENSING AMENDMENT REGULATION
Filed: February 25, 2019
For information only: Made by the Minister of Children's Services (M.O. 2019-04)
on February 21, 2019 pursuant to
section 131(2) of the Child, Youth and Family
Enhancement Act.
1 The Residential Facilities Licensing Regulation
(AR 161/2004) is amended by this Regulation.
2 The
Schedule is amended in
Part 1 by striking out
"Indian" and substituting "First Nation Individual".
3 This Regulation comes into force on February 28, 2019.
Alberta Regulation 33/2019
Child, Youth and Family Enhancement Act
ADOPTION AMENDMENT REGULATION
Filed: February 25, 2019
For information only: Made by the Minister of Children's Services (M.O. 2019-05)
on February 21, 2019 pursuant to
section 131(2) of the Child, Youth and Family
Enhancement Act.
1 The Adoption Regulation (AR 187/2004) is amended by
this Regulation.
2 Form 5 is amended in sections 1A, 2 and 4 by striking
out "Indian" and substituting "First Nation Individual".
3 Form 6 is amended in
section 4 by striking out "Human
Services" and substituting "Children's Services".
4 Form 9 is amended
(
a) in
Part 1 by striking out "Indian" and substituting
"First Nation Individual";
(
b) in
Part 11
(
i) by striking out "Director, Human Services" and
substituting "Director, Children's Services";
(ii) by striking out "Alberta Human Services" and
substituting "Children's Services".
5 Form 10 is amended in
Part 7
(
a) by striking out "Director, Human Services" and
substituting "Director, Children's Services";
(
b) by striking out "Alberta Human Services" and
substituting "Children's Services".
6 This Regulation comes into force on February 28, 2019.
Alberta Regulation 34/2019
Marketing of Agricultural Products Act
ALBERTA MILK MARKETING AMENDMENT REGULATION
Filed: February 26, 2019
For information only: Made by Alberta Milk on October 22, 2018 and approved by
the Agricultural Products Marketing Council on December 11, 2018 pursuant to
sections 26 and 27 of the Marketing of Agricultural Products Act.
1 The Alberta Milk Marketing Regulation (AR 151/2002) is
amended by this Regulation.
Section 1(1) is amended
(
a) by repealing clause (a.1);
(
b) by adding the following after clause (a.2):
(a.3) "continuous daily quota" means the number of
kilograms of milk fat allotted by Alberta Milk per day
pursuant to this Regulation to a producer as the
producer's share of the provincial entitlement;
(
c) in clause (
b) by striking out "but does not include farm-
separated cream";
(
d) by repealing clause (m);
(
e) by adding the following after clause (v.1):
(v.2) "proAction" means the program of the Dairy Farmers of
Canada known as the proAction Initiative as
recognized, amended or varied from time to time by the
Canadian Food Inspection Agency and includes
(
i) the Food Safety module, previously referred to as
the Canadian Quality Milk Program,
(ii) the Animal Care and Traceability modules under
validation protocols effective September 1, 2017,
and
(iii) the Biosecurity and Environment modules as and
when they are implemented;
(
f) in clause (aa)
(
i) by striking out "unallocated total production" and
substituting "unallocated continuous daily";
(ii) in subclause (
i) by adding "or" after "business,";
(iii) by repealing subclause (ii);
(
g) by repealing clause (aa.02).
Section 3(
d) is amended by striking out "fee of $25" and
substituting "nominal fee to cover administrative service as set by
Alberta Milk from time to time".
Section 6 is amended
(
a) by adding the following after subsection (5):
(5.1) If a producer owns more than one dairy farm, the producer
must apply for separate licences for each dairy farm.
(
b) in subsections (6), (7) and (8)(
b) by striking out "the
Canadian Quality Milk Program" and substituting
"proAction".
Section 7 is amended
(
a) in subsection (2)(
g) by striking out "the Canadian
Quality Milk Program" and substituting "proAction".
(
b) by striking out subsection (2.1) (
b) to (
h) and
substituting the following:
(
b) Bacteria Grade 5,
(
c) Somatic Cell Grade 5, or
(
d) Freezing Point Grade 5.
(
c) in subsection (2.2) by striking out clauses (
a) to (
d) and substituting the following:
(
a) Inhibitor Grade 6,
(
b) Bacteria Grade 6,
(
c) Somatic Cell Grade 6, or
(
d) Freezing Point Grade
Section 7.1 is amended
(
a) in subsection (1) by adding ", in a manner acceptable to
Alberta Milk," after "taken";
(
b) by striking out subsection (2) and substituting the
following:
(2) If Alberta Milk grades the producer's milk under sections
30 and 30.11 as Somatic Cell Grade 5, Alberta Milk may not
reinstate a producer's licence until a minimum of 6 days has
elapsed from the date of suspension.
(
c) by adding the following after subsection (2):
(3) Alberta Milk may reinstate a producer's licence that was
suspended under
section 7(2)(
g) if Alberta Milk determines the
producer is now compliant under the proAction compliance
policy.
(4) Alberta Milk may reinstate a producer's licence that was
suspended under
section 7(2)(
h) if Alberta Milk determines the
producer is now compliant under the dairy animal care policy.
Section 7.2 is amended
(
a) in subsection (1) by adding ", in a manner acceptable to
Alberta Milk," after "taken";
(
b) by striking out subsection (2) and substituting the
following:
(2) If Alberta Milk grades the producer's milk under sections
30 and 30.11 as Somatic Cell Grade 6, Alberta Milk may not
reinstate a producer's licence until a minimum of 12 days has
elapsed from the date of cancellation.
(
c) by adding the following after subsection (2):
(3) Alberta Milk may reinstate a producer's licence that was
cancelled under
section 7(2)(
g) if Alberta Milk determines the
producer is now compliant under the proAction compliance
policy.
(4) Alberta Milk may reinstate a producer's licence that was
cancelled under
section 7(2)(
h) if Alberta Milk determines the
producer is now compliant under the dairy animal care policy.
Section 10 is amended
(
a) in subsection (1) by striking out ", except farm-
separated cream,";
(
b) by repealing subsection (6).
Section 15 is repealed and the following is substituted:
Continuous daily quota
15(1) Alberta Milk may allot continuous daily quota from the
provincial entitlement to all producers on a basis as determined by
Alberta Milk.
(2) Alberta Milk may retain a portion of the provincial entitlement
of continuous daily quota in a provincial reserve.
(3) Alberta Milk may allot all or part of the provincial reserve.
(4) Nothing in this
section requires Alberta Milk to allot any
continuous daily quota if the provincial entitlement would be
exceeded.
(5) When changes occur in the Canadian domestic market, Alberta
Milk may, in accordance with the National Milk Marketing Plan,
adjust the continuous daily quota allotted to each producer.
Section 15.1 is repealed.
Section 16 is amended
(
a) by repealing subsection (1) and substituting the
following:
Continuous daily quota maintenance adjustment
16(1) A licensed producer must deliver the producer's
continuous daily quota in accordance with directives and
administrative orders issued by Alberta Milk.
(
b) by repealing subsections (2) and (3).
Section 17 is repealed.
Section 18(1) is amended by striking out "Despite
section
16, a" and substituting "A".
Section 19(1)(
c) is amended by striking out "total
production" and substituting "continuous daily".
Section 20(4) is repealed and the following is
substituted:
(4) If a producer transfers the whole of the continuous daily quota
allotted to the producer to another producer, the whole of the
acquired continuous daily quota is available to the transferee in the
next quota period, subject to the delivery requirements in
section
Section 21 is amended
(
a) by repealing subsection (4) and substituting the
following:
(4) Only one appointment of attorney may be registered in
respect of a licensed dairy farm owned by a producer, but a
producer who owns more than one dairy farm may have
separate powers of attorney registered against each licensed
dairy farm.
(
b) in subsection (5) by adding "licensed" after "signed by
the".
Section 22 is amended
(
a) in subsection (1) by striking out "lease quota" and
substituting "transfer under production quota credits";
(
b) in subsection (2) by striking out "A quota may be
leased" and substituting "A producer may transfer under
production quota credits";
(
c) in subsection (3)
(
i) by striking out "lease quota" and substituting
"transfer under production quota credits";
(ii) by striking out "lease date" and substituting
"transfer date";
(
d) in subsection (5)
(
i) by striking out "holds leased quota" and
substituting "holds under production quota credits";
(ii) by striking out "under the leased quota" and
substituting "against under production credits".
Section 24(9) is repealed.
Section 27 is repealed and the following is substituted:
Regulated product classification
27(1) Alberta Milk, by directives and administrative orders,
(
a) shall establish a regulated product classification, in
accordance with the national harmonized milk classification
established by the Canadian Milk Supply Management
Committee as amended from time to time, and
(
b) may declare in force the national harmonized milk
classification established by the Canadian Milk Supply
Management Committee referred to in clause (
a) in whole or
in part, as it reads on a specific date or as amended from time
to time.
(2) The directives and administrative orders of Alberta Milk referred
to in subsection (1) shall be made available to producers and the
public in a manner that Alberta Milk considers to be appropriate.
Section 28 is amended
(
a) by repealing subsection (4);
(
b) by repealing subsection (6) and substituting the
following:
(6) The price for milk is the price set out in a directive or
administrative order of Alberta Milk, in accordance with the
national harmonized classification according to how a processor
uses the regulated product.
(
c) in subsection (7) by striking out "sub-class 1a milk and
excess" and substituting "all classes of".
Section 29 is amended
(
a) in subsection (1) by striking out "sub-class 1a milk and
excess";
(
b) in subsection (3) by striking out "on a monthly basis to
a producer payment pool operated under this section" and
substituting "as set out in a directive or administrative
order of Alberta Milk";
(
c) in subsection (9) by adding ", as set out in a directive or
administrative order of Alberta Milk" after "the plan".
Section 30 is amended
(
a) by repealing subsection (1);
(
b) in clauses (a)(
i) and (b)(
i) of subsection (6) by
adding "weighted" after "if the".
Section 30.1 is amended
(
a) by repealing subsection (6) and substituting the
following:
(6) The Bacteria Grade of a producer's milk for a particular
month is Grade 6 if
(
a) there is a bacteria infraction during that month and 5
other bacteria infractions in the preceding 11 months, or
(
b) there is a bacteria infraction during that month and in
the 180 days preceding the bacteria infraction that
occurred during that month when the producer's licence
was reinstated under
section 7.1 after being suspended
under
section 7(2.1)(b).
(
b) by repealing subsections (7) and (8).
Section 30.11 is amended
(
a) by repealing subsection (6) and substituting the
following:
(6) The Somatic Cell Grade of a producer's milk for a particular
month is Grade 6 if
(
a) there is a somatic cell infraction during that month and
5 other somatic cell infractions in the preceding 11
months, or
(
b) there is a somatic cell infraction during that month and
in the 180 days preceding the somatic cell infraction
that occurred during that month when the producer's
licence was reinstated under
section 7.1 after being
suspended under
section 7(2.1)(c).
(
b) by repealing subsections (7) and (8).
Section 30.12 is amended
(
a) by repealing subsection (6) and substituting the
following:
(6) The Freezing Point Grade of a producer's milk for a
particular month is Grade 6 if
(
a) there is a freezing point infraction during that month
and 4 other freezing point infractions in the preceding
11 months, or
(
b) there is a freezing point infraction during that month
and in the 180 days preceding the freezing point
infraction that occurred during that month when the
producer's licence was reinstated under
section 7.1 after
being suspended under
section 7(2.1)(d).
(
b) by repealing subsections (7) and (8).
Section 30.2(7) is repealed.
Section 31 is amended
(
a) by repealing subsection (1) and substituting the
following:
Adjustment of amount payable
31(1) Subject to subsections (2) and (4), Alberta Milk must
reduce the amount payable to a producer for regulated product
for the month in which an infraction described in
section 30
occurs by the amount set out for the Bacteria Grade, Somatic
Cell Grade and Freezing Point Grade of the producer's milk in
clauses (
a) to (
l) and by the amount set out for the Inhibitor
Grade of the producer's milk in clauses (
m) to (
p) as follows:
(
a) Bacteria Grade 1: 0% off of the gross producer returns;
(
b) Somatic Cell Grade 1: 0% off of the gross producer
returns;
(
c) Freezing Point Grade 1: 0% off of the gross producer
returns;
(
d) Bacteria Grade 2: 4% off of the gross producer returns;
(
e) Somatic Cell Grade 2: 4% off of the gross producer
returns;
(
f) Freezing Point Grade 2: 2% off of the gross producer
returns;
(
g) Bacteria Grade 3: 8% off of the gross producer returns;
(
h) Somatic Cell Grade 3: 8% off of the gross producer
returns;
(
i) Freezing Point Grade 3: 8% off of the gross producer
returns;
(
j) Bacteria Grades 4 to 6: 15% off of the gross producer
returns;
(
k) Somatic Cell Grades 4 to 6: 15% off of the gross
producer returns;
(
l) Freezing Point Grades 4 to 6: 15% off of the gross
producer returns;
(
m) Inhibitor Grade 1: 0% off of the gross producer returns;
(
n) Inhibitor Grade 2: 5% off of the gross producer returns;
(
o) Inhibitor Grade 3: 10% off of the gross producer
returns;
(
p) Inhibitor Grades 4 to 6: 15% off of the gross producer
returns.
(
b) in subsection (2.1) by striking out "price payable" and
substituting "amount payable".
Section 33(2)(
a) is amended by striking out "and excess
milk" after "milk".
Section 38(
a) is amended by striking out "producer's
Canadian Dairy Commission registration number" and substituting
"registration number assigned to the producer by Alberta Milk".
Section 48 is amended by striking out "2019" and
substituting "2024".
31 The following sections come into force on August 1,
2019:
section 5(
b) and (c);
section 6(b);
section 7(b);
section 23;
section 24;
section 25;
section 26;
section 27(a).
--------------------------------
Alberta Regulation 35/2019
Oil and Gas Conservation Act
Oil Sands Conservation Act
Responsible Energy Development Act
CURTAILMENT RULES AMENDMENT REGULATION
Filed: February 27, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 075/2019)
on February 27, 2019 pursuant to
section 10 of the Oil and Gas Conservation Act,
section 20 of the Oil Sands Conservation Act and
section 68 of the Responsible
Energy Development Act.
1 The Curtailment Rules (AR 214/2018) are amended by
this Regulation.
Section 1 is amended by renumbering clause (
a) as (a.1)
and by adding the following before clause (a.1):
(a) "business day" means a day other than Saturday or Sunday or
another holiday;
Section 5 is amended by adding the following after
subsection (2):
(2.1) No operator may be charged with contravening subsection
(2) unless the time referred to in
section 7(8) has elapsed.
Section 7 is amended by adding the following after
subsection (6):
(7) The Minister shall not accept an application under subsection
(4) after the later of
(
a) March 15, 2019, and
(
b) the last day of the month following the month to which the
curtailment orders that are the subject of the application
relate.
(8) The Minister shall not make an order in respect of an application
under subsection (4) after the later of
(
a) March 29, 2019, and
(
b) the 10th business day after the last day of the month
following the month to which the curtailment orders that are
the subject of the application relate.
--------------------------------
Alberta Regulation 36/2019
Local Authorities Election Act
DEFICIT ELIMINATION TRANSITIONAL REGULATION
Filed: February 27, 2019
For information only: Made by the Minister of Municipal Affairs
(M.O. MSL:004/19) on February 20, 2019 pursuant to
section 147.91(1)(
b) of the
Local Authorities Election Act.
Table of Contents
Interpretation
2 Deficit elimination
3 Limitation on contributions
4 Contributions exceeding deficit
5 Amended disclosure statement
6 Expiry
Interpretation
1 In this Regulation,
(a) "candidate" means a candidate for election as a municipal
councillor in the general election that occurred in 2017 and in
any other election that occurred after that general election
and before December 11, 2018;
(b) "deficit elimination period" means the period of time from
the date of the coming into force of this Regulation up to and
including December 31, 2020;
(c) "transitional deficit" means a deficit referred to in
section 2.
Deficit elimination
2 If a candidate's disclosure statement from the candidate's most
recent election campaign shows a campaign deficit, the candidate may
accept or make a contribution for the purpose of eliminating the deficit
if the candidate complies with the requirements of this Regulation.
Limitation on contributions
3(1) An individual ordinarily resident in Alberta may contribute up to
$4000, in the aggregate, to candidates during the deficit elimination
period.
(2) Any amount paid by a candidate from the candidate's own funds
for the purpose of eliminating a transitional deficit during the deficit
elimination period is a contribution and is subject to the limit
prescribed by subsection (1).
Contributions exceeding deficit
4 If the amount of the contributions accepted in accordance with this
Regulation by a candidate or a person acting on behalf of a candidate
exceeds, in the aggregate, the amount of the transitional deficit, the
candidate or the person acting on behalf of the candidate shall pay the
amount of the surplus to a registered charity or to the candidate's
municipality.
Amended disclosure statement
5 A candidate who accepts or makes a contribution to eliminate a
transitional deficit in accordance with this Regulation shall, on or
before December 31, 2020, file with the secretary of the candidate's
municipality an amended disclosure statement which must include
(
a) the total amount of the transitional deficit,
(
b) the total amount of all contributions received during the
deficit elimination period that did not exceed $50 in the
aggregate from any single contributor,
(
c) the total amount contributed, together with the contributor's
name and address, for each contributor whose contributions
during the deficit elimination period exceeded $50 in the
aggregate, and
(
d) the total amount paid by the candidate out of the candidate's
own funds for the purpose of eliminating the transitional
deficit during the deficit elimination period.
Expiry
6 This Regulation expires on December 31, 2020.
--------------------------------
Alberta Regulation 37/2019
Marketing of Agricultural Products Act
POTATO GROWERS OF ALBERTA COMMISSION
AMENDMENT REGULATION
Filed: February 28, 2019
For information only: Made by the Potato Growers of Alberta on December 4, 2018
and approved by the Agricultural Products Marketing Council on December 11, 2018
pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Potato Growers of Alberta Commission Regulation
(AR 277/98) is amended by this Regulation.
Section 1(1)(
b) is amended by striking out "Rural
Development" and substituting "Forestry".
Section 9.1 is repealed.
Section 19 is amended by striking out "March 31, 2019"
and substituting "March 31, 2024".
Alberta Regulation 38/2019
Marketing of Agricultural Products Act
POTATO GROWERS OF ALBERTA AUTHORIZATION
AMENDMENT REGULATION
Filed: February 28, 2019
For information only: Made by the Alberta Agricultural Products Marketing Council
on December 11, 2018 and approved by the Minister of Agriculture and Forestry on
February 26, 2019 pursuant to
section 26 of the Marketing of Agricultural Products
Act.
1 The Potato Growers of Alberta Authorization Regulation
(AR 299/2002) is amended by this Regulation.
Section 2(
j) is repealed.