Alberta Regulation 310/2002

Public Sector Pension Plans Act

SPECIAL FORCES PENSION PLAN (CONTRIBUTION RATES,

2002) AMENDMENT REGULATION

Filed: December 16, 2002

Made by the Special Forces Pension Board on December 11, 2002 pursuant to

Schedule 4,

section 5(2) of the Public Sector Pension Plans Act.

1 The Special Forces Pension Plan (AR 369/93) is amended by this

Regulation.

Section

1) is amended by striking out from "his pensionable salary set for

employees" to the end of the subsection and substituting the following:

(a) 8.51% of the participant's pensionable salary, exclusive of

post-1991 COLA contributions, and

(b) 0.75% of the participant's pensionable salary as post-1991 COLA

contributions, being the amount payable into the indexing fund.

Section 15(1) is amended by striking out "the participant's pensionable

salary set for employers by the Board's plan rules under

section 5(2) and

4(8) respectively of the Act Schedule" and substituting the following:

(a) 9.61% of the participant's pensionable salary, exclusive of

post-1991 COLA contributions, and

(b) 0.75% of the participant's pensionable salary as post-1991 COLA

contributions, being the amount payable into the indexing fund.

Section 113 is repealed.

5 This Regulation comes into force on January 1, 2003.

Alberta Regulation 311/2002

Water Act

WATER (MINISTERIAL) AMENDMENT REGULATION

Filed: December 16, 2002

Made by the Minister of Environment (M.O. 30/2002) on December 5, 2002

pursuant to

section 169(2) of the Water Act.

1 The Water (Ministerial) Regulation (AR 205/98) is amended by this

Regulation.

Schedule 1 is amended in

section 2 by adding the following after clause

(m):

(

n) the placing, constructing, installing, maintaining or operating

of works to prevent surface water from flowing through or from or both

through and from, a confined feeding operation or a manure storage facility

as defined in the Agricultural Operation Practices Act if

(

i) the works do not significantly alter the volume,

quality or rate of water flowing to each location where water naturally

discharges from the area covered by the confined feeding operation or the

manure storage facility,

(ii) the works do not alter or affect any non-flowing

water body,

(iii) the works are not located on a fish-bearing water

body, as determined from maps described in the Code of Practice for

Watercourse Crossings adopted in

section 3(2) of this Regulation,

(iv) the works are governed and regulated by an approval

or registration with respect to a confined feeding operation or an

authorization with respect to a manure storage facility, under

Part 2 of

the Agricultural Operation Practices Act,

(

v) a professional engineer designs and develops plans

for the works, stamps and signs the plans, certifies that the plan design

meets the requirements of this clause and provides the owner with a copy of

the plans and certification, and

(vi) the owner retains a copy of the engineer's plans

and certification;

(

o) commencing, continuing or conducting exploration for

groundwater for the purpose of obtaining information in support of an

application for a licence under the Act.

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

Alberta Regulation 312/2002

Apprenticeship and Industry Training Act

COMMUNICATION TECHNICIAN TRADE REGULATION

Filed: December 17, 2002

Made by the Alberta Apprenticeship and Industry Training Board on November

1, 2002 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Learning on December 13, 2002.

Table of Contents

Definitions 1

General Matters Respecting the Trade

Constitution of the trade 2

Tasks, activities and functions 3

Apprenticeship

Term of the apprenticeship program 4

Employment of apprentices 5

Wages 6

Transitional Provisions, Repeals, Expiry

and Coming into Force

Apprenticeship continues 7

Repeal 8

Expiry 9

Coming into force 10

Definitions

1 In this Regulation,

(a) "apprentice" means a person who is an apprentice in the trade;

(b) "certified journeyman" means a certified journeyman as defined

in the Apprenticeship Program Regulation;

(c) "communication system" means any type of industrial, commercial

or domestic electrical, fibre or wireless communication system and without

limiting the generality of the foregoing includes transmission equipment,

switching equipment and network management control equipment for

(

i) video;

(ii) voice;

(iii) data;

(iv) signalling;

(d) "technical training" means technical training as defined in the

Apprenticeship Program Regulation;

(e) "trade" means the occupation of communication technician that

is designated as an optional certification trade pursuant to the

Apprenticeship and Industry Training Act;

(f) "uncertified journeyman" means an uncertified journeyman as

defined in the Apprenticeship Program Regulation.

General Matters Respecting the Trade

Constitution of the trade

2 The installation, repair, maintenance and upgrading of communication

systems are the undertakings that constitute the trade.

Tasks, activities and functions

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

following tasks, activities and functions come within the trade:

(

a) using hand tools, power tools, testing equipment and tools

required by the trade;

(

b) installing, terminating and testing copper and fibre optic

conductors and cables in communication systems;

(

c) installing and laying out raceways and supporting framework for

communication systems;

(

d) installing, troubleshooting, maintaining and commissioning

equipment and apparatus used in communication systems;

(

e) interpreting and applying the provisions of the Safety Codes

Act and the regulations under that Act;

(

f) interpreting communications systems drawings and prints.

Apprenticeship

Term of the apprenticeship program

4(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 trade is 4 periods of not less than 12 months each.

(2) In the first period of the apprenticeship program an apprentice must

acquire not less than 1500 hours of on the job training and successfully

complete the technical training that is required or approved by the Board.

(3) In the 2nd period of the apprenticeship program an apprentice must

acquire not less than 1500 hours of on the job training and successfully

complete the technical training that is required or approved by the Board.

(4) In the 3rd period of the apprenticeship program an apprentice must

acquire not less than 1500 hours of on the job training and successfully

complete the technical training that is required or approved by the Board.

(5) In the 4th period of the apprenticeship program an apprentice must

acquire not less than 1500 hours of on the job training and successfully

complete the technical training that is required or approved by the Board.

Employment of apprentices

5(1) Where, with respect to the employment of apprentices in the trade, a

person employs an apprentice, that employment must be carried out in

accordance with this section.

(2) A person who is a certified journeyman or an uncertified journeyman in

the trade or employs a certified journeyman or an uncertified journeyman in

the trade may employ one apprentice and one additional apprentice for each

additional certified journeyman or uncertified journeyman in the trade that

is employed by that person.

Wages

6(1) Subject to the Apprenticeship Program Regulation, a person shall not

pay wages to an apprentice that are less than those provided for under

subsection (2).

(2) Subject to the Employment Standards Code, a person employing an

apprentice must pay wages to the apprentice that are at least equal to the

following percentages of the wages paid to employees who are certified

journeymen or uncertified journeymen in the trade:

(a) 40% in the first period of the apprenticeship program;

(b) 50% in the 2nd period of the apprenticeship program;

(c) 60% in the 3rd period of the apprenticeship program;

(d) 75% in the 4th period of the apprenticeship program.

Transitional Provisions, Repeals, Expiry and

Coming into Force

Apprenticeship continues

7 A person who immediately prior to January 1, 2003 was an apprentice in

an apprenticeship program under the Communication Electrician Trade

Regulation (AR 268/2000) in either the construction branch or the network

branch of the trade of communication electrician continues in an

apprenticeship program under this Regulation.

Repeal

8 The Communication Electrician Trade Regulation (AR 268/2000) is

repealed.

Expiry

9 For the purpose of ensuring that this Regulation is reviewed for

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

its present or an amended form following a review, this Regulation expires

on March 31, 2010.

Coming into force

10 This Regulation comes into force on January 1, 2003.

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

Alberta Regulation 313/2002

Traffic Safety Act

BILL OF LADING AND CONDITIONS OF CARRIAGE REGULATION

Filed: December 17, 2002

Made by the Minister of Transportation (M.O. 40/02) on December 11, 2002

pursuant to

section 156 of the Traffic Safety Act.

Table of Contents

Definitions 1

Application of Regulation 2

Bill of lading re general hauling 3

Waybill 4

Conditions of carriage re general hauling 5

Conditions of carriage re express shipments on buses 6

Livestock manifest, etc 7

Conditions of carriage re livestock 8

Bill of lading re household goods 9

Conditions of carriage re household goods 10

Insurance 11

Bill of lading, etc. to accompany goods 12

Receipt of goods 13

Duty of carrier 14

Refusal to carry goods 15

Offences 17

Repeal 18

Expiry 19

Coming into force 20

Schedules

Definitions

1 In this Regulation,

(a) "Board" means the Alberta Transportation Safety Board;

(b) "carrier" means a person who transports goods by means of a

commercial vehicle;

(c) "consignee" means the person or agent to whom delivery of goods

is to be made;

(d) "consignor" means the person or agent from whom the goods have

been received for shipment;

(e) "goods" means goods as defined in the Traffic Safety Act;

(f) "household goods" means property that is moved by persons

specializing in the full service relocation of household effects, and

includes the following property:

(

i) furniture, appliances and personal effects

transported as part of the relocation of a household, including vehicles

and boats moved as part of the same household;

(ii) unpackaged or uncrated furniture and office

equipment transported to an office, store, factory, commercial

establishment, museum, hospital or public institution to be used as

furnishings therein;

(iii) stock-in-trade moved as part of the relocation of

an office, store or commercial establishment;

(iv) objects of art, displays, exhibits, computers and

electronic devices that require specialized handling;

(g) "livestock" means any domestic farm animal other than poultry.

Application of Regulation

2 This Regulation does not apply to the following:

(

a) used buildings;

(

b) a bus parcel express shipment, except to the extent provided

for in

section 6 and

Schedule 4;

(

c) the luggage of a passenger on a bus;

(

d) fodder, coal, granite, clay, sand, lime, stone, gravel or

water;

(

e) methanol, diesel fuel, kerosene, crude oil, condensate, acids

or calcium chloride when the commodity is being transported to or from an

oil or gas well site or battery on a single or tandem axle tank truck that

has a registered gross maximum weight not exceeding 23 500 kilograms;

(

f) goods that are owned by the person who is the owner of the

commercial vehicle that is transporting the goods.

Bill of lading re general hauling

3(1) Except as provided in sections 7 and 9, when goods are shipped a bill

of lading for those goods shall be prepared by

(

a) the consignor of the goods,

(

b) the carrier transporting the goods, or

(

c) the operator of the depot, if the goods are being shipped

through the facilities of a depot.

(2) A bill of lading shall be identified by a numerical code or other

means of identification and shall set out at least the following:

(

a) the name and mailing address of the consignor;

(

b) the date of the consignment;

(

c) the point of origin of the shipment;

(

d) the name of the originating carrier;

(

e) the names of connecting carriers, if any;

(

f) the name and mailing address of the consignee;

(

g) the destination of the shipment;

(

h) the particulars of the goods comprising the shipment, including

weight and description;

(

i) a space for the signature of the consignor or his agent;

(

j) a provision stipulating whether the goods are received in

apparent good order and condition;

(

k) a space in which to show the declared value of the shipment;

(

l) where charges are to be prepaid or collected,

(

i) a space in which to indicate whether the charges

are prepaid or collect,

(ii) a space in which to show whether the C.O.D. fee is

prepaid or collect, and

(iii) a space in which to show the amount to be collected

by the carrier on a C.O.D. shipment;

(

m) a space in which to note any special agreement between the

consignor and the carrier;

(

n) a statement in conspicuous form indicating that the carrier's

liability is limited by a term or condition of the applicable

schedule of

rates or by other agreement, if such a limitation exists.

(3) A bill of lading may

(

a) be in the form shown in

Schedule 1, or

(

b) in the case of goods moved by special equipment, be in the form

shown in

Schedule 2.

(4) A bill of lading does not meet the requirements of this Regulation

unless it

(

a) is fully completed, and

(

b) is signed by the consignor and the carrier.

(5) The person who is the originating carrier of goods being shipped shall

on the bill of lading issued for those goods

(

a) acknowledge receipt of the goods by signing the bill of lading,

and

(

b) in the space provided indicate whether the goods when taken

into his custody were in apparent good order and condition, or if not, give

the details of any defect.

(6) A copy of the bill of lading issued for goods being shipped shall

(

a) be kept by

(

i) the consignor,

(ii) the carrier, and

(iii) the operator of a depot, where the goods are

shipped through a depot,

and

(

b) accompany the goods in accordance with

section 12.

(7) The carrier of goods for which a bill of lading is issued shall keep

that bill of lading for 12 months from the date that the bill of lading was

issued.

Waybill

4(1) Notwithstanding

section 3(6)(b), instead of carrying in the

commercial vehicle that is transporting goods the bill of lading that is

issued for those goods, the carrier may, while those goods are being

transported on the commercial vehicle, carry in the commercial vehicle a

waybill issued for the goods by the consignor or carrier.

(2) A waybill shall be identified by the numerical code or other means of

identification set out on the bill of lading and set forth at least the

following:

(

a) particulars of the goods carried on the vehicle;

(

b) the name and mailing address of the consignor;

(

c) the point of origin of the shipment;

(

d) the name and mailing address of the consignee;

(

e) the destination of the shipment;

(

f) the names of connecting carriers, if any;

(

g) whether the charges are prepaid or collect;

(

h) the date of the consignment.

Conditions of carriage re general hauling

5(1) Every agreement for the transportation of goods to which

section 3

conditions of carriage set out in

Schedule 3.

(2) The conditions of carriage referred to in subsection (1) shall be set

out on the reverse side of the bill of lading.

(3) Notwithstanding subsection (2), instead of setting out the conditions

of carriage on the bill of lading the following statement may be set out on

the bill of lading:

"The contract of carriage of the goods listed on

this bill of lading is deemed to contain and be

subject to the Conditions of Carriage set out in the

Bill of Lading and Conditions of Carriage Regulation."

(4) Section 12 of

Schedule 3 does not apply to goods moved by special

equipment and for which a bill of lading shown in

Schedule 2 is prepared.

Conditions of carriage re express shipments on buses

6(1) Express shipments carried on public buses that are operated pursuant

to an operating authority certificate are subject to the terms and

conditions contained in the conditions of carriage set out in

Schedule 4.

(2) The holder of an operating authority certificate referred to in

subsection (1) shall ensure that a statement is prepared that contains the

following information in relation to each express shipment carried on a bus

covered by the certificate:

(

a) particulars of the nature of the shipment;

(

b) the name and mailing address of the consignor;

(

c) the point of origin of the shipment;

(

d) the name and mailing address of the consignee;

(

e) the destination of the shipment;

(

f) the names of connecting carriers, if any;

(

g) whether the charges are prepaid or collect;

(

h) the date of the consignment.

(3) The operator of a bus referred to in subsection (2) shall keep the

statement referred to in subsection (2) in the operator's possession while

the operator is operating the bus.

Livestock manifest, etc.

7(1) When horses or cattle are shipped a livestock manifest or permit

shall be prepared in accordance with the Livestock Identification and Brand

Inspection Act.

(2) When livestock, other than horses or cattle, are shipped a manifest

for livestock shall be prepared by

(

a) the consignor of the livestock,

(

b) the carrier transporting the livestock, or

(

c) the operator of the market through which the livestock is

shipped.

(3) Notwithstanding subsection (2), when hogs are shipped a hog manifest

or producer's receipt for those hogs may, where applicable, be used instead

of a livestock manifest.

(4) A producer's receipt may be prepared by

(

a) the consignor of the hogs, or

(

b) the assembler of the hogs.

(5) A hog manifest may be prepared by

(

a) the consignor of the hogs,

(

b) the assembler of the hogs, or

(

c) the carrier transporting the hogs.

(6) A manifest referred to in subsection (2) shall be identified by a

numerical code and shall set out at least the following:

(

a) the name, address and telephone number of the owner of the

livestock;

(

b) the name and address of the consignee of the livestock;

(

c) the total number of livestock shipped;

(

d) the amount of the shipping charges;

(

e) the licence number of the vehicle in which the livestock is

shipped;

(

f) the consignor's signature;

(

g) the vehicle operator's signature and address;

(

h) on delivery of the livestock, the consignee's signature.

(7) A livestock manifest or permit referred to in subsection (1) shall be

in the form prescribed in the Livestock Identification and Brand Inspection

Regulation (AR 195/98) under the Livestock Identification and Brand

Inspection Act.

(8) A manifest for livestock referred to in subsection (2) may be in the

form shown on

Schedule 5.

(9) A hog manifest shall be in the form shown in

Schedule 6 or as

otherwise approved by the Alberta Pork Producers Development Corporation.

(10) A producer's receipt shall be in the form shown in

Schedule 7 or as

otherwise approved by the Alberta Pork Producers Development Corporation.

(11) A manifest or receipt referred to in this

section does not meet the

requirements of this Regulation unless it is fully completed.

Conditions of carriage re livestock

8 Every agreement for the transportation of livestock to which

section 7

conditions of carriage set out in

Schedule 8.

Bill of lading re household goods

9(1) When household goods are shipped by a carrier that is authorized to

transport household goods for compensation a bill of lading shall be

prepared by the originating carrier.

(2) A bill of lading referred to in subsection (1) shall set out at least

the following:

(

a) the name and address of the consignor;

(

b) the date of the shipment;

(

c) the originating point of the shipment;

(

d) in a conspicuous place, the name of the original contracting

carrier and his telephone number;

(

e) the names of connecting carriers, if any;

(

f) the name, address and telephone number of the consignee;

(

g) in a conspicuous place, the name of the destination agent, if

it is different from the original contracting carrier, and his telephone

number;

(

h) the destination of the shipment;

(

i) a provision stipulating whether the goods are received in

apparent good order and condition, except as noted on the inventory;

(

j) notwithstanding clause (i), a statement in a conspicuous form

indicating that the signature of the consignee for receipt of the goods

shall not preclude future claim for loss or damage made within the time

limit as prescribed by the conditions of carriage;

(

k) a space to show the declared value of the shipment;

(

l) a space to show the actual amount of freight and all other

charges to be collected by the carrier;

(

m) a statement to indicate that the conditions of carriage set out

in

Schedule 9 apply;

(

n) a space to note any special services or agreements between the

contracting parties;

(

o) a space to indicate the date or time period agreed upon for

delivery;

(

p) a statement in conspicuous form to indicate that the carrier's

liability is limited by a term or condition of carriage;

(

q) a space for the signature of the consignor.

(3) A bill of lading referred to in subsection (1) does not meet the

requirements of this Regulation unless it is

(

a) fully completed, and

(

b) signed by the consignor and the original contracting carrier.

(4) An inventory of the household goods being shipped under the bill of

lading shall be prepared

(

a) by the consignor and acknowledged by the carrier, or

(

b) by the carrier and acknowledged by the consignor,

and shall be attached to and form part of the bill of lading.

Conditions of carriage re household goods

10(1) Every agreement for the transportation of household goods to which

in the conditions of carriage set out in

Schedule 9.

(2) The conditions of carriage referred to in subsection (1) shall be set

out on the reverse side of the bill of lading.

Insurance

11(1) When the consignor is charged a fee by the carrier for the insuring

of household goods being shipped, the insurance shall be purchased on

behalf of the consignor.

(2) The named beneficiary under the contract of insurance shall be the

consignor or, at the direction of the consignor, another person other than

the carrier.

Bill of lading, etc. to accompany goods

12(1) Unless exempted under the Act, the carrier transporting goods for

which a bill of lading, manifest, receipt or permit has been issued shall,

while those goods are being transported on that vehicle, carry a copy of

that document in the vehicle.

(2) The copy of the document referred to in subsection (1) shall be

delivered to the consignee of the goods when the goods are delivered to

him.

Receipt of goods

13(1) A carrier that transports goods shall deliver the goods to the

consignee.

(2) Notwithstanding subsection (1), where a bill of lading, waybill or

manifest has been issued for the goods being transported, the carrier shall

not deliver the goods to the consignee until the consignee, on the

carrier's copy of the bill of lading, waybill or manifest, as the case may

be,

(

a) acknowledges receipt of the goods, and

(

b) indicates whether the goods are in apparent good order and

condition or not, and if not give details of the defects.

Duty of carrier

14 A carrier transporting goods shall exercise due care and diligence to

protect the goods from loss or damage.

Refusal to carry goods

15 A carrier may refuse to carry goods if

(

a) the commercial vehicle on which the goods would be transported

is fully loaded or committed, or

(

b) in the opinion of the carrier,

(

i) the goods are not in a proper condition for being

transported by a commercial vehicle, or

(ii) the goods due to climatic conditions may perish.

16(1) Nothing in

section 5, 8 or 10 shall be construed as prohibiting a

for the transportation of goods.

(2) Notwithstanding subsection (1), any added terms or conditions referred

to in subsection (1)

of carriage as set out in

Schedule 3, 8 or 9, as the case may be, and

(

b) that reduce or alter the obligations provided for under the

conditions of carriage referred to in clause (a),

are void

Offences

17 It is an offence to contravene or fail to comply with the following

provisions of this Regulation:

section 3(1);

section 3(2);

section 3(4) to (7);

section 4(2);

section 5(2);

section 6(2);

section 6(3);

section 7;

section 9;

section 10(2);

section 11;

section 12;

section 13;

section 14.

Repeal

18 The Bill of Lading and Conditions of Carriage Regulation (AR 424/86)

is repealed.

Expiry

19 For the purpose of ensuring that this Regulation is reviewed for

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

its present or an amended form following a review, this Regulation expires

on July 1, 2004.

Coming into force

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

Part 7,

Division 4 of the Traffic Safety Act.

SCHEDULE 1

BILL OF LADING

CARRIER

No.

(For carrier use)

BILL OF LADING

NOT NEGOTIABLE

No.

(For consignor use)

Consignor

Address

(point of origin)

(or agent)

Date

Consignor's No.

Received at the point of origin on the date specified, from the consignor

mentioned herein, the property herein described, in apparent good order,

except as noted (contents and conditions of contents of package unknown)

marked, consigned and destined as indicated below, which the carrier agrees

to carry and to deliver to the consignee at the said destination, if on its

own authorized route or otherwise to cause to be carried by another carrier

on the route to said destination, subject to the rates and classification

in effect on the date of shipment.

It is mutually agreed, as to each carrier of all or any of the goods over

all or any portion of the route to destination, and as to each party of any

time interested in all or any of the goods, that every service to be

performed hereunder shall be subject to all the conditions not prohibited

by law, whether printed or written, including conditions on the back

hereof, which are hereby agreed by the consignor and accepted for the

consignor and the consignor's assigns.

Consignee (Name and Address)

Destination Route

Number and Type of Packages

Particulars of the Goods, Marks and Exceptions

Weight

Rate

Amount

FREIGHT CHARGES

Collect Prepaid

Freight charges will be Collect unless marked Prepaid

C.O.D. SHIPMENTS

Amount

Collection charge

Collect

Prepaid

TOTAL

If at consignor's risk, write or stamp here

Special agreement between consignor

and carrier, advise here

DECLARED VALUATION $

Maximum liability of $2 per pound ($4.41 per kilogram) computed on the

total weight of the shipment, unless declared valuation states otherwise.

NOTICE OF CLAIM

a) No carrier is liable for loss, damage or delay to any goods under the

Bill of Lading unless notice thereof setting out particulars of the origin,

destination and date of shipment of the goods and the estimated amount

claimed in respect of such loss, damage or delay is given in writing to the

originating carrier or the delivering carrier within sixty (60) days after

the delivery of the goods, or in the case of failure to make delivery,

within nine (9) months from the date of shipment.

b) The final statement of the claim must be filed within nine (9) months

from the date of shipment together with a copy of the paid freight bill.

The contract for the carriage of the goods listed in this bill of lading

is, by regulation passed under the Traffic Safety Act, deemed to contain

and be subject to conditions set out in the regulation.

NO CLAIMS RECOGNIZED UNLESS REPORTED TO THE

CARRIER WITHIN 7 DAYS

Consignor

Per

Carrier

Per

Consignee

Per

SCHEDULE 2

OILFIELD AND HEAVY HAUL

OILFIELD HEAVY HAUL

BILL OF LADING Not Negotiable

RECEIVED Subject to the classification and tariifs in effect on the receipt

by the carrier of the property described in this original Bill of Lading

FROM (Shipper) Date

Address (Street and Number) (P.O.

Box)

Origin (City)

(Province)

Received at the point shown on the date specified and from the shipper

mentioned herein, the property herein described in apparent good order,

except as noted (contents and conditions of packages unknown) marked,

consigned and destined as indicated below, which said carrier agrees to

carry and deliver to the said consignee at the said destination, if on its

own route, otherwise to deliver to another carrier on the route to said

destination.

It is mutally agreed as to each carrier of all or any of said property over

all or any portion of said route to desination, and as to each party at any

time interested in all or any of said property, that every service to be

performed hereunder shall be subject to all the conditions not prohibited

by law, whether printed or written, including conditions on back hereof,

which are hereby agreed to by the shipper and accepted for the shipper and

the shipper's assigns.

CONSIGNED TO

Address (Street and Number) (P.O.

Box)

Destination (City)

(Province)

Routing

Any Noticeable Damage on Unit at Time of Pick-up to be listed on Reverse

Side of this Form

Charges

No. of pieces

Description of Articles or Work Serial No. or Reg. No.

Weight

Hours

Rate

Freight Charges

Other Charges

Unit. No.

Serial No.

Permit Charges

Total Charges

DECLARED VALUATION $

Maximum liability of carrier is $2 per pound ($4.41 per kilogram) computed

on the total weight of the shipment unless declared valuation states

otherwise

Shipper: Carrier

Per: Per: Date:

Overweight and Dimensional Permit Information

Permit No. Weight Height Length Width Mileage

Amount

Requested by - Telephone: Telegram:

Time:

Person Requesting Permit

The contract for the carriage of the goods listed in this bill of landing

is, by regulation passed under the Traffic Safety Act, deemed to contain

and be subject to conditions set out in the regulation.

NO CLAIMS RECOGNIZED UNLESS REPORTED TO THE CARRIER WITHIN 7 DAYS

SCHEDULE 3

CONDITIONS OF CARRIAGE

(GENERAL HAULING)

Liability of carrier

1 The carrier of the goods described in the bill of lading is liable for

any loss of or damage to goods accepted by him or his agent except as

provided in these Conditions of Carriage.

Liability of originating and delivering carriers

2 Where a shipment is accepted for carriage by more than one carrier, the

carrier issuing the bill of lading (hereinafter called the originating

carrier) and the carrier who assumes responsibility for delivery to the

consignee, (hereinafter called the delivering carrier), in addition to any

other liability provided for under these Conditions of Carriage, are liable

for any loss of or damage to the goods while they are in the custody of any

other carrier to whom the goods are or have been delivered and from which

liability the other carrier is not relieved.

Recovery from connecting carrier

3(1) The originating carrier or the delivering carrier, as the case may

be, is entitled to recover from any other carrier to whom the goods are or

have been delivered the amount of the loss or damage that the originating

carrier or delivering carrier, as the case may be, may be required to pay

under these Conditions of Carriage resulting from loss of or damage to the

goods while they were in the custody of that other carrier.

(2) When shipments are interlined between carriers, settlement of

concealed damage claims shall be prorated on the basis of revenue received.

Remedy by Consignor or Consignee

4 Nothing in sections 2 and 3 of these Conditions of Carriage deprives a

consignor or consignee of any rights he may have against any carrier.

Exceptions from liability

5 The carrier shall not be liable for loss, damage or delay to any of the

goods described in the bill of lading caused by

(

a) an act of God,

(

b) the Queen's or public enemies,

(

c) riots,

(

d) strikes,

(

e) a defect or inherent vice in the goods,

(

f) an act or default of the consignor, owner or consignee,

(

g) authority of law,

(

h) quarantine, or

(

i) differences in weights of grain, seed or other commodities

caused by natural shrinkage.

Delay

6 No carrier is bound to transport goods

(

a) by any particular vehicle, or

(

b) in time for any particular market or otherwise,

other than with due dispatch, unless specifically agreed to and endorsed on

the bill of lading and signed by the parties to the bill of lading.

Routing by carrier

7 In case of physical necessity where the carrier forwards the goods by a

conveyance that is not a commercial vehicle, the liability of the carrier

is the same as though the entire carriage were by commercial vehicle.

Stoppage in transit

8 Where goods are stopped and held in transit at the request of the party

entitled to so request, the goods are held at the risk of that party.

Valuation

9 Subject to

section 10 of these Conditions of Carriage, the amount of

any loss or damage for which the carrier is liable, whether or not the loss

or damage results from negligence,

(

a) shall be computed on the basis of the value of the goods at the

place and time of shipment including the freight and other charges if paid,

(

b) where a value lower than that referred to in clause (

a) has

been represented in writing by the consignor or has been agreed upon, such

lower value shall be the maximum liability.

Maximum liability

10 The amount of any loss or damage computed under

section 9 of these

Conditions of Carriage shall not exceed $4.41 per kilogram ($2 per pound)

computed on the total weight of the shipment unless a higher value is

declared on the face of the bill of lading by the consignor.

Consignor's risk

11(1) Where it is agreed that the goods are carried at the risk of the

consignor of the goods, that agreement covers only those risks that are

necessarily incidental to transportation.

(2) The agreement referred to in subsection (1) shall not relieve the

carrier from liability for any loss, damage or delay that may result from

any negligent act or omission of the carrier, his agents or employees and

the burden of proving absence from negligence shall be on the carrier.

Notice of claim

12(1) No carrier is liable for loss, damage or delay to any goods carried

under the bill of lading unless notice thereof setting out

(

a) particulars of the origin, destination and date of shipment of

the goods, and

(

b) the estimated amount claimed in respect of such loss, damage or

delay,

is given in writing to the originating carrier or the delivering carrier

(

c) within 60 days after delivery of the goods, or

(

d) in the case of failure to make delivery, within 9 months from

the date of shipment.

(2) The final statement of the claim must be filed within 9 months from

the date of shipment together with a copy of the paid freight bill.

Articles of extra-ordinary value

13(1) No carrier is bound to carry any documents, specie or any articles

of extra-ordinary value unless the carrier specifically agrees to do so.

(2) If

(

a) goods referred to in subsection (1) are carried without the

carriage of those items being specifically agreed to, and

(

b) the nature of the goods is not disclosed on the bill of lading,

the carrier shall not be liable for any loss or damage in excess of the

maximum liability stipulated in

section 10 of these Conditions of Carriage.

Freight charges

14(1) If required by the carrier the freight and all other lawful charges

accruing on the goods shall be paid before delivery.

(2) Notwithstanding subsection (1), if on inspection it is ascertained

that the goods shipped are not those described in the bill of lading the

freight charges must be paid upon the goods actually shipped, with any

additional charges lawfully payable thereon.

(3) Should a consignor fail to indicate that a shipment is to move

prepaid, or fail to indicate how the shipment is to move, it will

automatically move on a collect basis.

Dangerous goods

15 Every person, whether as principal or agent, shipping explosives or

dangerous goods without previous full disclosure to the carrier as required

by law, shall indemnify the carrier against all loss, damage or delay

caused thereby, and those goods may be warehoused at the consignor's risk

and expense.

Undelivered goods

16(1) Where, through no fault of the carrier, the goods cannot be

delivered, the carrier shall immediately give notice to the consignor and

consignee that delivery has not been made, and shall request disposal

instructions.

(2) Pending receipt of disposal instructions,

(

a) the goods may be stored in the warehouse of the carrier,

subject to a reasonable charge for storage, or

(

b) where the carrier has notified the consignor of his intention,

the goods may be removed to, and stored in, a public or licensed warehouse,

(

i) at the expense of the consignor, without liability

on the part of the carrier, and

(ii) subject to a lien for all freight and other lawful

charges, including a reasonable charge for storage.

Return of goods

17 Where

(

a) a notice has been given by the carrier pursuant to

section

16(1) of these Conditions of Carriage, and

(

b) no disposal instructions have been received within 10 days from

the date of the notice,

the carrier may return to the consignor, at the consignor's expense, all

undelivered shipments for which such notice has been given.

Alterations

18 Subject to

section 19 of these Conditions of Carriage,

(

a) any limitation on the carrier's liability on the bill of

lading, and

(

b) any alteration, or addition or erasure in the bill of lading,

shall be signed or initialled by the consignor or his agent and the

originating carrier or his agent and unless so acknowledged shall be

without effect.

Weights

19(1) It shall be the responsibility of the consignor to show correct

shipping weights of the shipment on the bill of lading.

(2) Where the actual weight of the shipment does not agree with the weight

shown on the bill of lading, the weight shown on the bill of lading is

subject to correction by the carrier.

C.O.D. shipments

20(1) A carrier shall not deliver a C.O.D. shipment unless payment is

received in full.

(2) The charge for collecting and remitting the amount of C.O.D. bills for

C.O.D. shipments must be collected from the consignee unless the consignor

has otherwise so indicated and instructed on the bill of lading.

(3) A carrier shall remit all C.O.D. money to the consignor or person

designated by him within 15 days after collection.

(4) A carrier shall keep all C.O.D. money in a separate trust fund or

account apart from the other revenues and funds of his business.

(5) A carrier shall include as a separate item in his

schedule of rates

the charges for collecting the remitting money paid by consignees.

SCHEDULE 4

CONDITIONS OF CARRIAGE

(EXPRESS SHIPMENTS ON

PUBLIC BUSES)

1 Every agreement entered into between the shipper and the carrier

(

a) shall extend to and be binding on the shipper and all persons

in privity with him who claim or assert any right to the ownership or

possession of the shipment, and the benefit of every such agreement shall

enure to every person or carrier

(

i) to whom the shipment is delivered for the

performance of any act or duty in respect of it,

(ii) in whose custody or charge the shipment lawfully

is, or

(iii) on whose vehicles the shipment is being carried

under the agreement,

and

(

b) shall apply to any re-consignment or return of the shipment.

2 Subject to sections 3 and 4, the liability of the carrier for a

shipment is limited to the value declared by the shipper and embodied in

the agreement, but in no case shall the liability exceed the actual value

of the shipment at the time of the receipt of the shipment by the carrier,

including express and other charges if paid, and duty if payable or paid

and not refunded.

3 If the shipper does not declare the value of the shipment, liability is

limited to $50.

4 If the shipper desires the carrier to assume liability in excess of

$50, the carrier may impose an additional charge in respect of the extra

coverage.

5 The carrier is not liable for the following:

(

a) loss or damage resulting from differences in weight or quantity

due to shrinkage, leakage or evaporation, except where the loss or damage

is caused by the negligence of the carrier or the carrier's agents;

(

b) loss or damage occurring more than 48 hours after notice of the

arrival of the shipment at destination or at point of delivery has been

mailed to the address of the consignee, except where the loss or damage is

caused by the negligence of the carrier or the carrier's agents;

(

c) loss, damage or delay caused by

(

i) an act of God,

(ii) the Queen's enemies,

(iii) the authority of the law,

(iv) quarantine,

(

v) riots,

(vi) strikes,

(vii) a defect or inherent vice in the goods, or

(viii) the act or default of the shipper or owner;

(

d) loss or damage caused by delay of or injury to, or loss or

destruction of, the shipment or any part of it due to conditions beyond the

control of the carrier, except loss or damage caused by the negligence of

the carrier on whose motor vehicle or property the shipment was at the time

the loss or damage occurred;

(

e) loss or damage occurring while the shipment is in a customs

warehouse under the Customs Act (Canada);

(

f) loss, damage or delay resulting from improper or insufficient

packing, securing or addressing, or from chafing when packed in bales;

(

g) damage to or loss of

(

i) fragile articles, or

(ii) shipments consisting wholly or in part of or

contained in glass,

unless the

article or shipment is so described on the package

containing it, except where the damage or loss is due to the negligence of

the carrier or the carrier's agents;

(

h) loss or damage caused by

(

i) delays beyond the carrier's control, or

(ii) the refusal of any railway or other transportation

line to receive or forward the property due to any unusual or unforeseen

movements of or interference with traffic;

(

i) loss or damage occurring to shipments addressed to a point at

which there is no agent of the carrier, after the shipments have been left

at that point;

(

j) non-delivery, loss or destruction of the shipment, unless

written notice thereof is given at any office of the carrier within 30 days

after the time delivery should have been made;

(

k) damage, partial loss or shortage, unless written notice thereof

is given at any office of the carrier within 30 days after delivery.

6 Payment of duty and customs warehouse expenses shall be guaranteed by

the shipper.

7 At points where the carrier has delivery services, tender of the

shipment for delivery to the consignee shall be made at any address given

that is within those delivery limits.

8 At points where the carrier has no delivery service, the carrier shall

forthwith notify the consignee at the address given of the arrival of the

shipment at that point.

9 If a carrier does not have an office at the place to which the shipment

is addressed then, unless the shipment is otherwise routed, the carrier

shall deliver the shipment to a connecting carrier for furtherance to the

shipment's destination.

10 If any sum of money, other than the charges for transportation, is to

be collected from the consignee on the delivery of the shipment and that

sum is not paid within 10 days of tender for delivery, the carrier may

return the shipment and collect the charges for transportation both ways

from the consignor, and the liability of the carrier is that of

warehouseman only while the shipment remains in his possession for the

purpose of making collection.

SCHEDULE 5

MANIFEST FOR LIVESTOCK

(OTHER THAN HORSES OR CATTLE)

Date

Owner's Name (Print Name and Address Clearly)

Address:

Phone:

Consigned to:

Address:

Number Colour Kind of Livestock

Total No. of Livestock

Trucking Charges Licence

Number

Consignor's Signature

Trucker's Signature

Trucker's Address

Consignee's Signature No.

SCHEDULE 6

Trucker

Number

HOG MANIFEST

Lot Number

Trucker

Name -

(only)

trucking

rate (per CWT only)

Total Producers

Total Head

(day mo. year)

Assembler number

Assembler name

Assembly rate

per (circle one)

CWT HEAD

Plants, Please fill in this

section

Plant

Arrival Date Arrival Time

(circle one) A.M P.M.

Kill time Kill Time

(circle one) A.M. P.M.

Hog Price Sow Price

Liveweight of the load

Delayed kill

OTHER CHARGE

Per (circle one)

CWT HEAD

Type of

charge

Pay

To:

SCHEDULE 7

PRODUCER RECEIPT

Producer Number

Name

Complete this Area Only if settlement is to be made to another person

PLEASE PRINT CLEARLY

Lot Number

(last name) (first name/initials)

Shipping Date

(address, rural route or box number)

Assembler number

Assembler name

(town)

(province) (postal code)

ATTENTION PRODUCER

YOUR SETTLEMENT IS BASED

ON THIS INFORMATION MAKE SURE IT IS CORRECT

Pickup charge ($99.99 max) PLEASE PRINT Tatto

Pay to (assembler named above) CLEARLY Liveweight (lbs)

PRODUCER RECEIPT

(production certificate on reverse side must be signed)

Hogs

Sows

Stags

Subjects

Plants: Fill this

section

Deads on receipt

Hogs to follow

SCHEDULE 8

CONDITIONS OF CARRIAGE

(LIVESTOCK HAULING)

Liability

1 A carrier of livestock is liable for any loss or damage to the

livestock caused by him except as provided in these Conditions of Carriage.

Exceptions from liability

2 A carrier is not liable for any loss, damage, injury or delay caused by

(

a) an act of God,

(

b) the Queen's or public enemies,

(

c) riots,

(

d) strikes,

(

e) defect or inherent vice in the goods,

(

f) an act or default of the shipper or owner,

(

g) the authority of law, or

(

h) quarantine.

Delay

3 A carrier is not bound to transport livestock

(

a) by any particular commercial vehicle, or

(

b) in time for any particular market or otherwise,

other than with due dispatch, unless specifically agreed to and endorsed on

the livestock manifest and signed by the parties.

Routing by carrier

4 A carrier may transport the livestock by a conveyance other than a

commercial vehicle but in such a case the liability of the carrier is the

same as though the entire carriage were by commercial vehicle.

Consignor's risk

5(1) If the parties agree that the livestock is to be carried at the risk

of the consignor or owner of the livestock, the agreement covers only those

risks that are necessarily incidental to transportation.

(2) The agreement referred to in subsection (1) does not relieve the

carrier from liability for any loss, damage, injury or delay that results

from negligence or omission of the carrier, its agents or employees, and

the burden of proving the absence of negligence or omission is on the

carrier.

Maximum liability

6 The maximum amount of loss, damage, injury or delay for which the

carrier is liable, whether or not the loss, damage, injury or delay results

from negligence or omission, shall be the lesser of

(

a) the value of the livestock at the place and time of shipment,

including the freight and other charges if paid, and

(

b) the value represented in writing by the consignor or agreed on

by the parties at the time of shipment.

Nature of claim

7(1) A carrier is not liable for loss, damage, injury or delay of any

livestock carried under a livestock manifest, hog manifest or producer's

receipt unless notice of the loss, damage, injury or delay is given in

writing to the carrier at the point of delivery or at the point of origin

(

a) within 20 days after the delivery of the livestock, or

(

b) in the case of non-delivery, within 20 days after the livestock

should reasonably have been delivered.

(2) The notice referred to in subsection (1) shall contain

(

a) particulars of the origin and destination of the shipment,

(

b) the date of the shipment, and

(

c) the estimated amount claimed in respect of the loss, damage,

injury or delay.

Alterations

8 An alteration, addition or erasure in a livestock manifest shall be

signed by the parties or their agents.

SCHEDULE 9

CONDITIONS OF CARRIAGE

(HOUSEHOLD GOODS)

Liability of carrier

1 The carrier of the goods described in the bill of lading is liable for

any loss of or damage to goods accepted by him or his agent, except as

provided in these Conditions of Carriage.

Liability of originating and delivery carriers

2 Where a shipment is accepted for carriage by more than one carrier, the

originating contracting carrier and the carrier who assumes responsibility

for delivery to the consignee (hereinafter called the delivering carrier),

in addition to any other liability provided for under these Conditions of

Carriage, are liable jointly and severally for any loss of or damage to the

goods while they are in the custody of any other carrier to whom the goods

are or have been delivered and from which liability the other carrier is

not relieved.

Recovery from connecting carrier

3 The originating contracting carrier or the delivering carrier, as the

case may be, is entitled to recover from any other carrier to whom the

goods are or have been delivered the amount of loss or damage that the

originating contracting carrier or delivering carrier, as the case may be,

may be required to pay under these Conditions of Carriage resulting from

any loss of or damage to the goods while they were in the custody of that

other carrier.

Remedy by consignor or consignee

4 Nothing in

section 2 or 3 of these Conditions of Carriage deprives a

consignor or consignee of any rights he may have against any carrier.

Exceptions from liability

5 The carrier shall not be liable for the following:

(

a) loss, damage or delay to any of the goods described in the bill

of lading caused by

(

i) an act of God,

(ii) the Queen's or public enemies,

(iii) riots,

(iv) strikes,

(

v) a defect or inherent vice in the goods,

(vi)

an act or default of the consignor, owner or

consignee,

(vii) authority of law, or

(viii) quarantine;

(

b) except for damage, deterioration or loss caused by his, his

agent's or employee's negligence,

(

i) damage to fragile articles that are not packed and

unpacked by the contracting carrier, his agent or employee,

(ii) damage to the mechanical, electronic or other

operation of radios, phonographs, clocks, appliances, musical instruments

and other equipment, irrespective of who packed or unpacked those articles,

unless servicing and preparation was performed by the contracting carrier,

his agent or employee,

(iii) deterioration of or damage to perishable food,

plants or pets, or

(iv) loss of contents of consignor-packed articles,

unless the containers used are opened for the carrier's inspection and

articles are listed on the bill of lading and receipted for by the carrier,

and the burden of proving absence of such negligence shall be

on the carrier;

(

c) damage to or loss of a complete set or unit when only part of

the set is damaged or lost, in which event the carrier shall only be liable

for repair or recovery of the lost or damaged piece or pieces;

(

d) damage to the goods at place or places of pick-up at which the

consignor or his agent was not in attendance;

(

e) damage to the goods at place or places of delivery at which the

consignee or his agent was not in attendance and cannot give receipt for

goods delivered.

Delay

6(1) At the time of acceptance of the contract, the original contracting

carrier shall provide the consignor with a date or time period within which

delivery is to be made.

(2) Failure by the carrier to effect delivery within the time specified on

the face of the bill of lading shall render him liable for reasonable food

and lodging expenses incurred by the consignee.

(3) Failure by the consignee to accept delivery when tendered within the

time specified on the bill of lading shall render him liable for reasonable

storage in transit, handling and redelivery charges incurred by the

carrier.

Routing by the carrier

7 In case of physical necessity where the carrier forwards the goods by a

conveyance that is not a commercial vehicle, the liability of the carrier

is the same as though the entire carriage were by commercial vehicle.

Stoppage in transit

8 Where goods are stopped or held in transit at the request of a party

entitled to so request, the goods are held at the risk of that party.

Valuation

9 Subject to

section 10 of these Conditions of Carriage, the amount of

any loss or damage for which the carrier shall be liable, whether or not

the loss or damage results from negligence of the carrier or its employees

or agents, shall be computed on the basis of the value of the lost or

damaged

article at the time and place of shipment.

Maximum liability

10(1) The amount of any loss or damage computed under

section 9 of these

Conditions of Carriage shall not exceed the greater of

(

a) the value declared by the shipper, and

(b) $4.41 per kilogram computed on the total weight of the

shipment.

(2) Notwithstanding subsection (1), where the consignor releases the

shipment to a value of $1.32 per kilogram per

article or less in writing,

the amount of any loss or damage computed under

section 9 of these

Conditions of Carriage shall not exceed that lower amount.

(3) Where

section 10(1) applies, additional charges to cover the

additional coverage over $1.32 per kilogram per

article shall be paid by

the consignor.

Consignor's risk

11(1) Where it is agreed that the goods are carried at the risk of the

consignor of the goods, that agreement covers only those risks as are

necessarily incidental to transportation.

(2) The agreement referred to in subsection (1) shall not relieve the

carrier from liability for any loss, damage or delay that may result from

any negligent act or omission of the carrier, his agents or employees and

the burden of proving absence of negligence shall be on the carrier.

Notice of claim

12(1) No carrier is liable for loss, damage or delay to any goods carried

under the bill of lading unless notice thereof setting out

(

a) particulars of the origin, destination and date of shipment of

the goods, and

(

b) the estimated amount claimed in respect of such loss, damage or

delay,

is given in writing to the original contracting carrier or the delivering

carrier within

(c) 60 days after delivery of the goods, or

(

d) in the case of failure to make delivery, within 9 months from

the date of shipment.

(2) The final statement of the claim must be filed within 9 months from

the date of shipment.

(3) Either the originating contracting carrier or the delivering carrier,

as the case may be, shall acknowledge receipt of a claim within 30 days of

receipt of the claim.

Articles of extra-ordinary value

13(1) No carrier is bound to carry any documents, specie or any articles

of extra-ordinary value unless the carrier specifically agrees to do so.

(2) If

(

a) goods referred to in subsection (1) are carried without the

carriage of those items being specifically agreed to, and

(

b) the nature of the goods is not disclosed on the face of the

bill of lading,

the carrier shall not be liable for any loss or damage.

Freight charges

14(1) If required by the carrier freight and all other lawful charges

accruing on the goods shall be paid before delivery.

(2) Notwithstanding subsection (1), where the actual charges exceed by

more than 10% the total estimated charges, the consignee shall be allowed

15 days after the day on which the goods are delivered, excluding Saturday

and holidays, to pay the amount by which the total actual charges exceed

110% of the total estimated charges.

(3) Where

(

a) the actual charges exceed by more than 10% the total estimated

charges, and

(

b) the consignee pays that extra 10%,

the carrier shall unload the shipment in accordance with the agreement for

the transportation of the goods notwithstanding that the total charges that

are in excess of 110% of the total estimate charges remain owing.

(4) The 15-day extension provided in subsection (2) does not apply where

the carrier notifies the consignor of the total actual charges immediately

after loading, or receives a waiver of the extension provision signed by

the consignor.

Dangerous goods

15 Every person, whether as principal or agent, shipping explosives or

dangerous goods without previous full disclosure to the carrier as required

by law, shall indemnify the carrier against all loss, damage or delay

caused thereby, and those goods may be warehoused at the consignor's risk

and expense.

Undelivered goods

16(1) Where, through no fault of the carrier, the goods cannot be

delivered, the carrier shall immediately give notice to the consignor and

the consignee that delivery has not been made, and shall request disposal

instructions.

(2) Pending receipt of disposal instructions

(

a) the goods may be stored in the warehouse of the carrier,

subject to a reasonable charge for storage, or

(

b) where the carrier has notified the consignor of his intention,

the goods may be removed to, and stored in, a public or licensed warehouse,

(

i) at the expense of the consignor, without liability

on the part of the carrier, and

(ii) subject to a lien for all freight and other lawful

charges, including a reasonable charge for storage.

Alterations

17 Subject to

section 18 of these Conditions of Carriage,

(

a) any additional limitation on the carrier's liability on the

bill of lading, and

(

b) any alteration, or addition or erasure on the bill of lading,

shall be signed or initialled by the consignor or his agent and the

originating contracting carrier or his agent and unless so acknowledged

shall be without effect.

Weights

18(1) It shall be the responsibility of the originating contracting

carrier or his agent to

(

a) show the correct tare, gross and net weights on the bill of

lading by use of a certified public scale, and

(

b) attach the weigh scale ticket to his copy of the bill of

lading.

(2) Where certified public scales are not available at origin or at any

point within a radius of 16 kilometres thereof, a constructive weight based

on 112 kilograms per cubic metre of properly loaded van space shall be

used.

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

Alberta Regulation 314/2002

Traffic Safety Act

COMMERCIAL VEHICLE CERTIFICATE AND INSURANCE REGULATION

Filed: December 17, 2002

Made by the Minister of Transportation (M.O. 41/02) on December 11, 2002

pursuant to

section 156 of the Traffic Safety Act.

Table of Contents

Definitions 1

Part 1

Safety Fitness Certificates for Freight Trucks

When a safety fitness certificate is required 2

Application for safety fitness certificate 3

Contents of application for a safety fitness certificate 4

Safety fitness rating 5

Registrar's decision 6

Temporary safety fitness certificate 7

Effect of safety fitness certificate 8

Dormancy 9

Part 2

Buses

Division 1

Operating Authority Certificates

When an operating certificate is required 10

Application for an operating authority certificate 11

Insurance required 12

Division 2

Decisions on Operating Authority Certificates

Issue, amendment and renewal of decisions 13

Notice of decision 15

Operating authority certificates do not give exclusive rights 16

Dormancy 17

Exceptional transportation of passengers 18

Division 3

Safety Fitness Certificates

Safety fitness certificates for buses 19

Application for a safety fitness certificate 20

Safety fitness rating 21

Registrar's decision 22

Effect of safety fitness certificate 23

Part 3

Commercial Vehicle Insurance Requirements

Division 1

Cargo and Liability Insurance

Cargo insurance 24

Liability insurance 25

Division 2

Passenger Hazard and Cargo Insurance

Passenger hazard insurance 26

Insurance for taxis 27

Cargo insurance 28

Verification of insurance 29

Extra--provincial undertakings 30

Insurance requirements are conditions 31

Part 4

Safety Fitness Ratings

Ratings established 32

Deciding safety fitness ratings 33

Safety fitness ratings 34

Review of safety fitness ratings 35

Unsatisfactory rating and its effect 36

Part 5

Administrative Penalties

Contents of notice of administrative penalty 37

Manner of determining amount of administrative penalty 38

Limitation period 39

Part 6

Obligations and Prohibitions

Division 1

Safety Plans, Drivers and Records

Contents of safety program 40

Driver records 41

Certificates to be carried in vehicles 42

Record-keeping requirements 43

Division 2

Other Obligations

Acting under federal authority 44

Exemptions 45

Fees 46

Agency restrictions 47

Certain transactions prohibited 48

Effect of court judgment on operating authority certificate 49

Insurance 50

False information 51

Mechanical failures and collisions: freight trucks 52

Mechanical failures and collisions: buses 53

Division 3

Prohibitions

Offences created 55

Unsatisfactory rating 56

Obstruction of Registrar and peace officers 57

Part 7

Transitional Provisions, Repeal,

Expiry and Coming into Force

Division 1

Transitional Provisions

Definition 58

Applications to the Board transferred to the Registrar 59

Ratings continued 60

Safety fitness ratings being processed 61

Safety fitness certificate 62

Operating authority certificates for liveries 63

Other operating authority certificates 64

Division 2

Repeal, Expiry and Coming into Force

Repeal 65

Expiry 66

Coming into force 67

Schedules

Definitions

1 In this Regulation,

(a) "Act" means the Traffic Safety Act;

(b) "Board" means the Alberta Transportation Safety Board;

(c) "carrier profile" means the information maintained in respect

of a person under the Commercial Vehicle Carrier Profile Regulation;

(d) "driver" means a person who is driving or is in actual physical

control of a commercial vehicle;

(e) "jurisdiction outside Alberta" means any jurisdiction of

Canada, the United States of America and Mexico;

(f) "operating authority certificate" means a certificate

authorizing the operation of a commercial vehicle issued under

Part 2;

(g) "registered owner" means the person in whose name a commercial

vehicle is registered under the Operator Licensing and Vehicle Control

Regulation;

(h) "safety fitness certificate" means a commercial vehicle safety

fitness certificate issued by the Registrar;

(i) "safety laws" means, as the context requires,

(

i) the Act and regulations made under the Act;

(ii) the Dangerous Goods Transportation and Handling Act

and regulations made under that Act;

(iii) the laws of a jurisdiction outside Alberta,

respecting the same, similar or equivalent subjects as those regulated or

controlled by the laws referred to in sub-clauses (

i) and (ii).

Part 1

Safety Fitness Certificates

for Freight Trucks

When a safety fitness certificate is required

2(1) No person may operate a commercial vehicle that is used or intended

to be used to transport goods on a highway for which, under the Act, a

certificate of registration is issued for a gross weight of 18,000

kilograms or more, unless the operation of the vehicle is carried out under

the authority of a safety fitness certificate.

(2) No person may operate a commercial vehicle that is used or intended to

be used to transport goods on a highway for which a certificate of

registration is issued by a jurisdiction outside Alberta, unless the

operation of the vehicle is carried out under the authority of a safety

fitness certificate or equivalent authority issued by a government or

government agency in the jurisdiction in which the vehicle is registered,

if a safety fitness certificate or equivalent authority is required by that

jurisdiction.

(3) Subsection (1) does not apply to prohibit the operation of

(

a) commercial vehicles primarily used to transport agricultural

products, if the driver of the truck is a bona fide farmer or employee of

the farmer who owns or produces the agricultural product;

(b) 2- or 3-axle commercial vehicles primarily used to transport

primary products of a forest, lake or river, if the driver or the driver's

employer produces the primary product;

(

c) commercial vehicles to which a permit issued under

section 62

of the Act applies.

Application for safety fitness certificate

3(1) When a safety fitness certificate is required under

section 2(1) the

registered owner must apply to the Registrar for a safety fitness

certificate authorizing the operation of commercial vehicles of 18,000

kilograms or more that are registered in the applicant's name.

(2) The registered owner of a commercial vehicle that is used or intended

to be used to transport goods on a highway to a jurisdiction outside

Alberta, and for which, under the Act, a certificate of registration is

issued for a gross weight of less than 18,000 kilograms, may apply to the

Registrar for a safety fitness certificate, in which case the application

must be made to authorize the operation of all commercial vehicles that are

registered in the applicant's name.

Contents of application for a safety fitness certificate

4(1) An application for a safety fitness certificate by a registered owner

must

(

a) be made on a form satisfactory to the Registrar, containing the

information required by the Registrar;

(

b) be accompanied by the fee prescribed in

Schedule 2;

(

c) confirm that the applicant has comprehensive knowledge of

safety laws in Alberta, and if the applicant operates or intends to operate

in a jurisdiction outside Alberta, that the applicant will obtain

comprehensive knowledge of safety laws in that jurisdiction or those

jurisdictions and will comply with them;

(

d) confirm that the applicant has a written ongoing inspection,

maintenance and repair program that meets the requirements of the

Commercial Vehicle Maintenance Standards Regulation (AR 118/89) for all

commercial vehicles in respect of which the application is made and for any

commercial vehicles which may subsequently be acquired by the applicant;

(

e) confirm that the applicant has a written safety program that

addresses the matters described in

section 40;

(

f) confirm that one or more persons are designated in writing as

responsible for

(

i) the inspection, maintenance and repair program, and

(ii) the safety program;

(

g) provide evidence of insurance required by this regulation and

any other enactment, and if required by the Registrar, verification from

the insurer;

(

h) provide names, addresses and contact information for the

applicant and any other information necessary to establish or update a

carrier profile;

(

i) state whether the applicant operates or proposes to operate a

commercial vehicle in a jurisdiction outside Alberta;

(

j) state the applicant's principal place of business in Alberta.

(2) If the registered owner applies for an amendment to a safety fitness

certificate, the application must be accompanied by

(

a) the fee prescribed in

Schedule 2, and

(

b) a description of the amendment requested and the reasons for

it.

(3) The Registrar may require an applicant for a safety fitness

certificate or amendment to it to provide any additional information the

Registrar considers necessary to properly consider the application.

Safety fitness rating

5 The Registrar must, in accordance with

Part 4 of this regulation,

assign each applicant for a safety fitness certificate a commercial vehicle

safety fitness rating of

(

a) satisfactory,

(

b) satisfactory unaudited,

(

c) conditional, or

(

d) unsatisfactory.

Registrar's decision

6(1) The Registrar may, after considering an application for a safety

fitness certificate or amendment to it, any carrier profile and any

relevant safety fitness rating of the applicant in Alberta and in any

jurisdiction outside Alberta,

(

a) issue to the applicant a safety fitness certificate, with or

issued, must state the safety fitness rating assigned to the applicant;

(

b) refuse the application for a safety fitness certificate, in

which case the applicant is to be entered in the carrier profile with an

unsatisfactory safety fitness rating;

(

c) issue an amended safety fitness certificate, with or without

(2) The Registrar must

(

a) notify the applicant of the decision in writing;

(

b) if the application is refused, give reasons for the refusal and

notify the applicant of the applicant's right to appeal to the Board under

section 43 of the Act;

the applicant's right to appeal to the Board under

section 43 of the Act.

Temporary safety fitness certificate

7 Despite sections 3 and 5, when a person becomes the registered owner of

a commercial vehicle for which a safety fitness certificate is required

safety fitness certificate for not more than 60 days, in which case the

registered owner must be assigned a conditional safety fitness rating.

Effect of safety fitness certificate

8 When a safety fitness certificate is issued to a registered owner under

this Part,

(

a) during the time that the person remains the registered owner of

commercial vehicles, the certificate authorizes the operation of all

commercial vehicles for which a safety fitness certificate is required or

issued and in respect of which the applicant is or becomes the registered

owner, and

(

b) this regulation applies to the operation of those commercial

vehicles.

Dormancy

9(1) If a person to whom a safety fitness certificate is issued ceases to

have registered in that person's name a commercial vehicle for which a

safety certificate is required for 12 continuous months, the safety fitness

certificate automatically expires.

(2) The Registrar may cancel a safety fitness certificate if the Registrar

is satisfied that a person in respect of whom a safety fitness certificate

is issued has not operated a commercial vehicle in respect of which the

certificate is issued for a period of at least 12 months and notify that

person in writing accordingly.

Part 2

Buses

Division 1

Operating Authority Certificates

When an operating certificate is required

10(1) Subject to subsections (2) and (3), no person may operate a

commercial vehicle that is used or intended to be used to transport

passengers except under the authority of an operating authority

certificate.

(2) No operating authority certificate is required in respect of a

commercial vehicle that is used or intended to be used to transport

passengers that

(

a) is a school bus, as defined in

section 1 of the School Bus

Operation Regulation (AR 437/86), while the bus is used for the purposes

for which a school bus may be used under that regulation;

(

b) is a transit bus operated by or on behalf of a municipality as

a municipal passenger transportation service;

(

c) is operated for or in connection with a funeral service;

(

d) is operated as an airport passenger service, as defined in

subsection (4), and that has a manufacturer's seating capacity originally

designed

(

i) for 11 or more passengers, including the driver, or

(ii) for 10 or fewer passengers, including the driver

and that

(

A) provides a scheduled service, and

(

B) the scheduled service is approved by

the airport authority managing the airport;

(

e) is a commercial vehicle with a manufacturer's seating capacity

originally designed for 15 or fewer passengers, including the driver,

operated as a taxi that provides on-demand service to transport passengers

and their luggage, if any, to a requested destination;

(

f) is used to transport passengers in a vehicle with a

manufacturer's seating capacity originally designed for 10 passengers or

fewer, including the driver, who are employees or contract workers of the

registered owner or who are members of the registered owner or other

persons satisfactory to the Board, and who are transported without

compensation.

(3) The owner of a commercial vehicle in respect of which a licence is

issued under the Motor Vehicle Transport Act, 1987 (Canada) is, while

operating as an extra-provincial undertaking, exempt from the requirement

under this regulation to hold an operating authority certificate but only

with respect to the extra-provincial undertaking and not with respect to

other commercial vehicles the owner operates.

(4) In subsection (2)(d), an "airport passenger service" means a service,

provided with or without payment of compensation by passengers, by which

passengers are transported

(

a) from one or more pick-up points to an airport and the only

drop-off is the airport, or

(

b) from an airport to one or more drop-off points and the only

pick-up point is the airport.

Application for an operating authority certificate

11(1) When a person is required to operate a commercial vehicle under the

authority of an operating authority certificate under

section 10, the

registered owner must apply to the Registrar for the operating authority

certificate or any amendment to or renewal of it.

(2) The application must

(

a) be on a form satisfactory to the Registrar and contain the

information required by the Registrar;

(

b) be accompanied by the fee prescribed by

Schedule 2;

(

c) describe the operation that is proposed or the reason for the

application, amendment or renewal;

(

d) provide details about the passengers or proposed passengers to

be served;

(

e) describe the route or routes proposed to be travelled or the

area to be served;

(

f) provide any other information the Registrar or the Board

requires in order for the application to be properly considered.

Insurance required

12(1) An applicant for an operating authority certificate under

section 11

must also provide any of the following insurance policies that the

Registrar or the Board requires:

(

a) a policy of cargo insurance against loss of or damage to cargo

of any kind in transit or in the custody or control of the transporter;

(

b) a policy of guarantee insurance covering

(

i) the payment to the consignor of sums collected by

the transporter on behalf of the consignor;

(ii) the faithful performance of conditions contained or

referred to in the operating authority certificate.

(2) The Registrar or the Board may require the applicant or the insurer,

or both, to provide verification of insurance required by this regulation.

Division 2

Decisions on Operating Authority Certificates

Issue, amendment and renewal of decisions

13(1) The Registrar must refer to the Board an application for an

operating authority certificate, or an amendment to or renewal of it, with

respect to a commercial vehicle that is used or intended to be used to

transport passengers.

(2) After considering the application the Board may recommend to the

(

a) issue an operating authority certificate for not more than 3

years,

(

b) amend the certificate, or renew a certificate on one or more

occasions, but each renewal may not be for more than 3 years, or

(

c) refuse the application.

14 In addition to the conditions that are imposed on an operating

authority certificate by this Regulation, the Board may recommend to the

Registrar that the Registrar impose any term or condition the Registrar

considers appropriate on an operating authority certificate or on any

amendment to or renewal of it, including

(

a) with respect to a scheduled passenger service,

(

i) the route or routes in respect of which the

operating authority certificate is issued;

(ii) the minimum frequency of the service;

(iii) the nature or type of service scheduled or the

purpose for which the service is scheduled;

(iv) the passengers, luggage and goods that may or may

not be transported;

(

b) with respect to a charter passenger service,

(

i) the pre-arranged service, designating the common

purpose of the passengers on the service and the common destination of the

passengers, and may include return to the point of origin;

(ii) prohibiting passenger pick-up and drop-off except

as designated in the operating authority certificate;

(iii) prohibiting a recurring service;

(

c) with respect to a private bus that is a commercial vehicle used

to transport, for compensation, employees or members of the registered

owner that owns the bus, or other persons authorized by the operating

authority certificate,

(

i) the origin of the service, the destination and the

route or routes in respect of which the service is proposed to be provided;

(ii) the passengers that may or may not be transported;

(iii) the purpose for which the service is provided;

(iv) a tariff of fees or charges that may be imposed on

passengers or prohibiting the imposition of any passenger fee or charge;

(

d) with respect to an industrial bus, being a commercial vehicle

used to transport, under contract, employees of a person other than the

registered owner of the vehicle, or other persons authorized by the

operating authority certificate,

(

i) the origin of the service, the destination and the

route or routes in respect of which the service is proposed to be provided;

(ii) the passengers that may or may not be transported;

(iii) the purpose for which the service is provided;

(

e) with respect to any application for an operating authority

certificate described in this

section or otherwise,

(

i) the nature, type, duration, purpose and route or

routes in respect of which the service is proposed to be provided;

(ii) specifying or prohibiting pick-up and drop-off

points for passengers;

appropriate to protect the public interest.

Notice of decision

15(1) The Registrar must give written notice of the decision about an

application for an operating authority certificate, or any amendment to or

renewal of it, as soon as practicable after the decision is made to the

following:

(

a) the applicant;

(

b) every person who objected to or intervened in the application;

(

c) the Board.

(2) The Registrar must notify the applicant of the reasons for refusal and

of the applicant's right to appeal to the Board under

section 43 of the Act

(

a) a refusal of the application, or

(

b) any terms or conditions imposed.

Operating authority certificates do not give exclusive rights

16 An operating authority certificate does not confer exclusive rights on

the holder of it and it does not prevent the Registrar from issuing or

amending any other operating authority certificate with respect to the same

or similar matters.

Dormancy

17(1) It is a condition of every operating authority certificate that the

holder of the certificate not abandon or discontinue a service authorized

under the certificate without the permission of the Registrar on

recommendation of the Board.

(2) On referral by the Registrar, the Board may review an operating

authority certificate issued and if it is of the opinion that the authority

conferred by the certificate has not been exercised or has not been fully

exercised within 6 months from the date of issue of the certificate, or

during any period of 12 consecutive months, the Board may recommend to the

Registrar that the Registrar

(

a) cancel the certificate if the authority was not exercised, or

(

b) amend the certificate to accord with the actual exercise of the

authority.

Exceptional transportation of passengers

18 No operator of a commercial vehicle designed to transport passengers

for which an operating authority certificate is required may, without a

permit issued by the Registrar under

section 62 of the Act,

(

a) allow passengers to ride or to carry passengers on the outside

of the vehicle or on a part of the vehicle other than its seats;

(

b) transport a greater number of persons than the seats of the

vehicle are designed to carry;

(

c) transport on the vehicle an object that extends beyond the

extreme width of the body of the vehicle or above the height of the

vehicle;

(

d) operate a vehicle with a trailer attached to it.

Division 3

Safety Fitness Certificates

Safety fitness certificates for buses

19(1) No person may operate a commercial vehicle in respect of which,

under the Act, a certificate of registration is issued, having a

manufacturer's seating capacity originally designed for 11 passengers or

more, including the driver, that is used or intended to be used to

transport passengers on a highway, unless the operation of the vehicle is

carried out under the authority of a safety fitness certificate.

(2) No person may operate a commercial vehicle in respect of which a

certificate of registration is issued in a jurisdiction outside Alberta

unless the operation of the vehicle is carried out under the authority of a

safety fitness certificate or equivalent authority issued by a government

or government authority in the jurisdiction in which the vehicle is

registered, if a safety fitness certificate or equivalent authority is

required by that jurisdiction.

Application for a safety fitness certificate

20(1) When a safety fitness certificate is required under

section 19(1),

the registered owner must apply to the Registrar for a safety fitness

certificate authorizing the operation of one or more commercial vehicles

that are registered in the applicant's name for which a safety fitness

certificate is required.

(2) The application for a safety fitness certificate by a registered owner

must

(

a) be made on a form satisfactory to the Registrar, containing the

information required by the Registrar;

(

b) be accompanied by the fee prescribed in

Schedule 2;

(

c) confirm that the applicant has comprehensive knowledge of

safety laws in Alberta, and if the applicant operates or intends to operate

in a jurisdiction outside Alberta, that the applicant will obtain

comprehensive knowledge of safety laws in that jurisdiction or those

jurisdictions and will comply with them;

(

d) confirm that the applicant has a written ongoing inspection,

maintenance and repair program for all commercial vehicles described in

section 19(1) in respect of which the application is made, and for any

commercial vehicle which may subsequently be acquired by the applicant that

must operate under the authority of a safety fitness certificate, that

meets the requirements of the Commercial Bus Inspection, Equipment and

Safety Regulation (AR 428/91);

(

e) confirm that the applicant has a written safety program that

addresses the matters described in

section 40;

(

f) confirm that one or more persons are designated in writing as

responsible for

(

i) the inspection, maintenance and repair program, and

(ii) the safety program;

(

g) provide evidence of insurance required by this regulation and

any other enactment, and if required by the Registrar, verification from

the insurer;

(

h) provide names, addresses and contact information for the

applicant and any other information necessary to establish or update a

carrier profile;

(

i) state whether the applicant operates or proposes to operate

commercial vehicles in a jurisdiction outside Alberta;

(

j) state the applicant's principal place of business in Alberta.

(3) If the registered owner applies for an amendment to a safety fitness

certificate, the application must be accompanied by

(

a) the fee prescribed by

Schedule 2, and

(

b) a description of the amendment requested and the reasons for

it.

(4) The Registrar may require an applicant for a safety fitness

certificate or amendment to it to provide any additional information the

Registrar considers necessary to properly consider the application.

Safety fitness rating

21 The Registrar must, in accordance with

Part 4 of this regulation,

assign each applicant for a safety fitness certificate a commercial vehicle

safety fitness rating of

(

a) satisfactory,

(

b) satisfactory unaudited,

(

c) conditional, or

(

d) unsatisfactory.

Registrar's decision

22(1) The Registrar may, after considering an application for a safety

fitness certificate or amendment to it, any carrier profile, and any

relevant safety fitness rating of the applicant in Alberta and in any

jurisdiction outside Alberta

(

a) issue to the applicant a safety fitness certificate, with or

issued, must state the safety fitness rating assigned to the applicant;

(

b) refuse the application for a safety fitness certificate, in

which case the applicant is to be entered in the carrier profile with an

unsatisfactory rating;

(

c) issue an amended safety fitness certificate, with or without

(2) The Registrar must

(

a) notify the applicant of the decision in writing;

(

b) if the application is refused, give reasons for the refusal and

notify the applicant of the applicant's right to appeal to the Board under

section 43 of the Act;

the applicant's right to appeal to the Board under

section 43 of the Act.

Effect of safety fitness certificate

23 When a safety fitness certificate is issued to a registered owner

under this Part,

(

a) during the time that the person remains the registered owner of

commercial vehicles, the certificate authorizes the operation of all

commercial vehicles for which a safety certificate is required under

section 19 and in respect of which the applicant is or becomes the

registered owner, and

(

b) this regulation applies to those commercial vehicles.

Part 3

Commercial Vehicle Insurance Requirements

Division 1

Cargo and Liability Insurance

Cargo insurance

24(1) This

section does not apply to

(

a) a person who only transports the items named in

Schedule 1, or

(

b) a person who owns the goods that the person is transporting.

(2) A registered owner must maintain cargo insurance against loss of or

damage to goods transported,

(

a) for each commercial vehicle engaged in the transportation of

farm produce other than dairy products, at least $600;

(

b) for each commercial vehicle engaged only in the transportation

of unprocessed milk or cream, an amount equal to the actual cash value of

the goods.

(3) If a person is engaged in the transportation of a mobile home, that

person must maintain, in respect of the mobile home, insurance acceptable

to the Registrar that,

(

a) for a single wide mobile home

(

i) provides coverage against loss or damage for the

greater of

(A) $10 000, or

(

B) the cash value of the mobile home and

its contents, if any, and

(ii) provides for collision coverage on the mobile home,

and

(

b) for a double wide mobile home,

(

i) provides coverage against loss or damage for the

cash value of the 2 halves and their contents, if any,

(ii) provides that if one of the halves is damaged to

the extent that it is not practicable to repair it, the other half will be

considered to have been also destroyed, and

(iii) provides for collision coverage on the mobile home.

(4) If subsections (2) and (3) do not apply, the registered owner who

transports goods on a commercial vehicle must maintain cargo insurance

against loss or damage to goods transported as follows:

(

a) for each vehicle having a registered gross weight of 12 700

kilograms or less, at least $15 000;

(

b) for each vehicle having a registered gross weight of more than

12 700 kilograms but less than 18 000 kilograms, at least $20 000;

(

c) for each vehicle having a registered gross weight of 18 000

kilograms or more but not more than 21 000 kilograms, at least $20 000;

(

d) for each vehicle having a registered gross weight of more than

21 000 kilograms but not more than 37 000 kilograms, at least $27 000;

(

e) for each vehicle having a registered gross weight of more than

37 000 kilograms, at least $32 000.

(5) In this section, "registered gross weight" means the weight specified

on the certificate of registration issued in respect of the commercial

vehicle.

Liability insurance

25 The registered owner of a commercial vehicle used or intended to be

used to transport goods on a highway for which a certificate of

registration under the Act is issued for a gross weight of 18,000 kilograms

or more must maintain, for each vehicle in respect of any one accident,

insurance against liability resulting from bodily injury to or the death of

one or more persons and loss of or damage to property of others, other than

goods, of at least

(a) $2 000 000 for transportation of dangerous goods set out in

Schedule 1 of the Transportation of Dangerous Goods Regulations under the

Transportation of Dangerous Goods Act, 1992 (Canada) in the quantities

indicated in Column 7 of that Schedule, in respect of which an emergency

response plan is required to be filed under

Part 7 of those Regulations,

and

(b) $1 000 000 in all other cases.

Division 2

Passenger Hazard and Cargo Insurance

Passenger hazard insurance

26(1) The registered owner of

(

a) a commercial vehicle for which an operating authority

certificate is required or issued, or

(

b) a commercial vehicle operated as an airport transportation

service, with or without compensation paid by passengers, by which

passengers are transported,

(

i) from one or more pick-up points to an airport and

the only drop off point is the airport, or

(ii) from an airport to one or more drop off points and

the only pick-up point is the airport;

(

c) a rented commercial vehicle that is used or intended to be used

to transport passengers for compensation,

must not operate the vehicle unless the vehicle is covered by a policy of

automobile insurance providing passenger hazard coverage in at least the

following amounts:

(d) $400 000 for bodily injury or death of any one person as a

result of any single accident;

(

e) if the manufacturer's seating capacity of the vehicle was

originally designed for 11 passengers or fewer, including the driver, $1

000 000 for bodily injury or death of 2 or more persons as a result of any

single accident;

(

f) if the manufacturer's seating capacity of the vehicle was

originally designed for more than 11 passengers, including the driver, $2

000 000 for bodily injury or death of 2 or more persons as a result of any

single accident.

(2) When requested to do so by the Registrar, the holder of an operating

authority certificate issued in respect of a commercial vehicle must direct

the insurer to file with the Registrar, as the case may be, evidence of the

current policy referred to in subsection (1).

(3) Nothing in this

section affects the obligations of a person under the

Insurance Act.

Insurance for taxis

27 Every vehicle used as a taxi must be covered by

(

a) a motor vehicle liability policy that complies with the

Insurance Act, and

(

b) an automobile insurance policy that provides for passenger

hazard coverage of not less than $1 000 000 for liability resulting from

bodily injury to or the death of one or more persons as a result of any

single accident.

Cargo insurance

28 The registered owner of a commercial vehicle for which an operating

authority certificate is required and who also provides an express shipment

service for goods must maintain a policy of cargo insurance of at least

$500 for each piece of cargo to cover loss of or damage to each item.

Verification of insurance

29(1) The Registrar may, at any time, request an insurer to provide

evidence that a registered owner to whom this regulation applies has and is

maintaining the insurance required by this regulation.

(2) An insurer must reply to the Registrar's request within 15 days of

receiving it.

Extra-provincial undertakings

30 To the extent that the requirements of this Part are not in conflict

with requirements for insurance under the Motor Vehicle Transport Act, 1987

(Canada), they apply to the owner of an extra-provincial bus undertaking

and the owner of an extra-provincial truck undertaking, as those terms are

defined in the Motor Vehicle Transport Act, 1987 (Canada).

Insurance requirements are conditions

31 It is a condition of every safety fitness certificate and operating

authority certificate that the insurance coverage required by this

regulation be maintained in respect of the vehicles, cargo and passengers

to which the certificate applies.

Part 4

Safety Fitness Ratings

Ratings established

32 There are established the following safety fitness ratings for the

purposes of the Act and this regulation:

(

a) satisfactory;

(

b) satisfactory unaudited;

(

c) conditional;

(

d) unsatisfactory.

Deciding safety fitness ratings

33(1) In deciding the safety fitness rating to be assigned to a person or

in deciding whether a safety fitness rating assigned to a person should be

changed, the Registrar must take into consideration

(

a) the carrier profile of the person concerned;

(

b) any other information related to safety or compliance with

safety laws that the Registrar considers appropriate, including

(

i) the nature and quality of the safety program and

vehicle maintenance, repair and inspection program of the carrier and

whether the programs have been implemented and maintained;

(ii) the driving record of drivers or proposed drivers

employed or engaged by the registered owner;

(iii) any other information that, in the opinion of the

Registrar, constitutes a failure by the applicant or carrier to comply with

the Act or the Dangerous Goods Transportation and Handling Act or a

regulation under either Act;

(

c) a safety fitness rating assigned by a jurisdiction outside

Alberta and the reasons for it.

(2) In deciding the safety fitness rating to be assigned to a person or in

deciding whether a safety fitness rating assigned to a person should be

changed, the Registrar may take into consideration

(

a) whether the registered owner has been associated with a carrier

that has a conditional or an unsatisfactory rating in Alberta or in a

jurisdiction outside Alberta, and if so, the nature of the association and

the reason for that rating;

(

b) whether the registered owner or carrier is or has been a

director of or official with a carrier that has received a conditional or

an unsatisfactory rating in Alberta or in a jurisdiction outside Alberta

and the reason for it.

(3) The Registrar may conduct an inspection in order to assist in deciding

on a safety fitness rating, any change to it, or to keep a carrier profile

up-to-date.

Safety fitness ratings

34(1) The Registrar must rate a registered owner who is issued a safety

fitness certificate as

(

a) satisfactory, if the Registrar is satisfied

(

i) the registered owner's carrier profile and other

matters considered are satisfactory, and

(ii) the results of an inspection are satisfactory;

(

b) satisfactory unaudited, if the Registrar is satisfied that the

registered owner has met the requirements for applying for a safety fitness

certificate but

(

i) the registered owner has not been the subject of an

inspection, or

(ii) the results of an inspection are not sufficient, in

the opinion of the Registrar, to rate the registered owner as satisfactory

and another inspection is required;

(

c) conditional, if the Registrar is not satisfied the applicant is

satisfactory, but nevertheless should be granted a safety fitness

(2) The Registrar may rate a registered owner unsatisfactory, in which

case

(

a) no safety fitness certificate is to be issued to that person,

(

b) if a safety fitness certificate exists it is cancelled when the

unsatisfactory rating is issued.

(3) The safety fitness rating of a person continues

(

a) whether or not the person is the registered owner of a

commercial vehicle;

(

b) until the Registrar changes or cancels the rating.

Review of safety fitness ratings

35(1) The Registrar may, at any time, review the safety fitness rating of

a person.

(2) After a review, the Registrar may, by notice in writing to the person,

change the rating assigned to that person and add or remove terms and

conditions on the safety fitness certificate held by that person, and

notify the person in writing accordingly.

(3) A notice under this

section must give reasons for the decision and

notify the person concerned of that person's right to appeal to the Board

under

section 43 of the Act.

Unsatisfactory rating and its effect

36(1) If an applicant for an safety fitness certificate or a registered

owner is rated unsatisfactory, the Registrar must

(

a) notify the person, in writing,

(

i) stating the reason;

(ii) stating that it is an offence for the person to

lease, rent or operate commercial vehicles that are required to operate

under the authority of a safety fitness certificate;

(

b) in accordance with

section 91 of the Act, cancel or suspend the

certificate of registration of the commercial vehicles registered in the

person's name and give written notice to the person accordingly;

(

c) cancel or suspend any safety fitness certificate or Registrar's

permit and give written notice to the holder of it as soon as practicable,

(

d) cancel any operating authority certificate and give written

notice to the holder of it as soon as practicable, and

(

e) notify the person affected of that person's right to appeal to

the Board under

section 43 of the Act.

(2) If a person who is rated as satisfactory, satisfactory unaudited or

conditional becomes rated unsatisfactory, no application for another safety

fitness certificate or operating authority certificate may be made for 6

months after the unsatisfactory rating is issued, unless the applicant

provides special reasons and the Registrar, in respect of a safety fitness

certificate, or the Registrar on recommendation of the Board, in respect of

an operating authority certificate, allows an earlier application.

Part 5

Administrative Penalties

Contents of notice of administrative penalty

37(1) A notice of an administrative penalty imposed under

section 143 of

the Act must contain the following information:

(

a) the name of the person on whom the administrative penalty is

imposed;

(

b) the provision of the regulatory legislation the person has

contravened or failed to comply with;

(

c) a brief description of the nature of the contravention or

failure to comply identified under clause (b);

(

d) the amount of the administrative penalty imposed;

(

e) whether the penalty is fixed or accumulates for each day or

part of a day that the contravention or failure to comply occurs or

continues;

(

f) the date the notice of the administrative penalty is issued;

(

g) the date by which the penalty must be paid, unless the penalty

is an accumulating penalty;

(

h) a statement describing the right of a person on whom the

administrative penalty is imposed to appeal the administrative penalty to

the Board, the addresses to which the appeal is to be sent, how the appeal

is to be made and the date by which the appeal is to be made.

(2) The form of the notice of the administrative penalty, containing at

least the information described in subsection (1), must be approved by the

Registrar.

Manner of determining amount of administrative penalty

38(1) The Registrar is to determine the amount of the administrative

penalty imposed on a person after considering the following factors and the

considerations described in subsection (2):

(

a) the seriousness of the contravention;

(

b) the nature of the commercial vehicle operation;

(

c) whether an accident occurred or the danger that an accident

could have occurred as a result of the contravention;

(

d) the history of contraventions of regulatory legislation by the

person on whom the administrative penalty is imposed.

(2) The Registrar is to be guided by the following considerations:

(

a) the amount of the administrative penalty imposed should reflect

the seriousness of the contravention;

(

b) the greater the danger or possibility that an accident could

have occurred, or the greater the degree of risk to people or property that

did occur as a result of the contravention, or the fact that an accident

did occur, the higher the penalty should be;

(

c) the more times a person has previously been issued an

administrative penalty the higher the penalty should be;

(

d) the greater the degree of wilfulness or neglect in the

contravention, the higher the penalty should be.

Limitation period

39 An administrative penalty may be imposed only within 6 months of the

date the Registrar first becomes aware of the contravention of the

regulatory legislation in respect of which the administrative penalty is to

be imposed.

Part 6

Obligations and Prohibitions

Division 1

Safety Plans, Drivers and Records

Contents of safety program

40(1) The registered owner of every commercial vehicle who is required to

operate the vehicle under the authority of a safety fitness certificate

must establish, maintain and follow a written safety program that, in a

manner that is clearly documented, addresses matters relating to the safe

use and operation of commercial vehicles, including:

(

a) speed limits, seat-belt use, drug and alcohol use, defensive

driving, load security, and fuelling;

(

b) proper records and recording of information including, as

required, bills of lading, manifests, dangerous goods documents, time

records, drivers' daily logs and weigh slips;

(

c) policies that drivers are expected to comply with the law, and

policy and procedures related to driver training, responsibilities, conduct

and discipline;

(

d) instructions for the use of safety equipment, including, as

required, the use of flags and flares, fire extinguishers, goggles, and

hard hats;

(

e) training for employees about safety laws and their application

and an ongoing program for evaluating their driving skills;

(

f) retention of complete records for each driver in accordance

with

section 41;

(

g) policies for ensuring that drivers are properly qualified for

the type of vehicle they operate.

(2) The registered owner must designate a person as responsible for

(

a) maintaining and implementing the safety program, and

(

b) ensuring compliance with safety laws.

(3) It is a condition of every safety fitness certificate that the

registered owner and the owner's employees must comply with the registered

owner's safety program.

Driver records

41(1) The registered owner of every commercial vehicle who is required to

operate the vehicle under the authority of a safety fitness certificate

must maintain, for each of that owner's drivers, a driver record file

containing the following information:

(

a) the driver's completed application form for employment with the

registered owner;

(

b) a copy of the driver's abstract in a form satisfactory to the

Registrar when the driver is first hired or employed, dated within 30 days

of the date of employment or hire;

(

c) annual updated copies of the driver's abstract in a form

satisfactory to the Registrar;

(

d) the driver's employment history for the 3 years immediately

preceding the time the driver started working for the carrier;

(

e) a record of the driver's convictions of safety laws in the

current year and in each of the 4 preceding years;

(

f) a record of any administrative penalty imposed on the driver

under safety laws;

(

g) a record of all collisions involving a motor vehicle operated

by the driver that are required to be reported to a peace officer under any

enactment of Alberta or a jurisdiction outside Alberta;

(

h) a record of all training undertaken by a driver related to the

operation of a commercial vehicle and compliance with safety laws;

(

i) a copy of any training certificate issued to the driver, in

electronic or paper form, for the period starting on the date the training

certificate is issued and continuing until 2 years after it expires, in

accordance with

Part 6 of the Transportation of Dangerous Goods Regulations

under the Transportation of Dangerous Goods Act, 1992 (Canada);

(

j) a copy of a current medical certificate for the driver.

(2) Subsection (1) is a condition of every safety fitness certificate.

Certificates to be carried in vehicles

42(1) The registered owner must place in each commercial vehicle to which

a certificate relates, or provide to each driver operating a commercial

vehicle operated under the authority of a safety fitness certificate or

operating authority certificate, or both, the original or a copy of the

original certificate or certificates.

(2) The driver of a commercial vehicle operating under the authority of a

safety fitness certificate or an operating authority certificate, or both,

must carry the original or a copy of the certificate or certificates in the

vehicle and produce them on request of a peace officer.

Record-keeping requirements

43(1) Unless another enactment or the Registrar otherwise permits in

writing, the records required to be maintained by a carrier under this

regulation and under Commercial Vehicle Maintenance Standards Regulation

(AR 118/89) and Commercial Bus Inspection, Equipment and Safety Regulation

(AR 428/91) must

(

a) be kept at the carrier's principal place of business in

Alberta,

(

b) be retained for at least 5 years from the date they are

created, established or received, and

(

c) be readily available for inspection by a peace officer during

the carrier's regular business hours.

(2) Subsection (1) is a condition of every safety fitness certificate and

operating authority certificate.

Division 2

Other Obligations

Acting under federal authority

44 When the Registrar or the Board acts under the Motor Vehicle Transport

Act, 1987 (Canada), the Registrar or the Board, as the case may be, must in

like manner as if

(

a) the extra-provincial bus undertaking were a local bus

undertaking, or

(

b) the extra-provincial truck undertaking were a local truck

undertaking.

Exemptions

45 A person who, under this regulation, is not required to operate a

commercial vehicle under the authority of a safety fitness certificate or

an operating authority certificate, or both, is exempt from the requirement

of a safety fitness certificate or operating authority certificate, or

both, as the case may be.

Fees

46 The fees that are to be paid for an application, action, activity or

service performed that is described in the

Schedule 2 are the fees

prescribed in that Schedule.

Agency restrictions

47(1) No person may engage in the business of an agent arranging for the

transportation of goods or passengers on a highway unless that person has

been appointed as an authorized agent by the holder of an operating

authority certificate or a safety fitness certificate.

(2) An authorized agent of a holder of an operating authority certificate

or a safety fitness certificate must be appointed in writing and the

appointment must

(

a) be signed by the certificate holder, and

(

b) be displayed in a conspicuous place on the premises at which

the agent conducts the agency business.

(3) No person may solicit or undertake to arrange the transportation of

passengers or goods by a vehicle on a highway unless the person by, for or

on behalf of whom the vehicle is operated is authorized under this

regulation to transport passengers or goods in accordance with the

solicitation or undertaking.

Certain transactions prohibited

48(1) No operating authority certificate may be capitalized, sold,

assigned, leased or transferred, in whole or in part, except with the prior

written approval of the Board.

(2) The Board may require the directors of a corporation that is the

holder of an operating authority certificate to report to the Board any

issue or transfer of shares of its capital stock.

(3) If the Board is of the opinion that the number of shares issued or

transferred has affected the actual control of the corporation, the Board

may determine that the issue or transfer constitutes a transfer of the

operating authority certificate held by the corporation and may suspend or

cancel it.

Effect of court judgment on operating authority certificate

49(1) When a judgment is outstanding against the holder of an operating

authority certificate that in the opinion of the Board arises out of the

exercise by that person of the authority granted by the certificate, a

certified copy of the judgment may be filed with the Board by a party to

the action and the Board must not, after the filing of the judgment,

recommend approval of a transfer of the certificate unless there is filed

with the Board

(

a) a memorandum of satisfaction of the judgment, or

(

b) a consent to the transfer executed on behalf of all parties to

the action.

(2) If an appeal has been commenced from a judgment referred to in

subsection (1), the Board may recommend to the Registrar that the Registrar

approve a transfer of the certificate on the holder paying to the Registrar

security in a form satisfactory to the Registrar and in an amount

sufficient to satisfy the judgment if the appeal is not successful.

Insurance

50 No person may operate a commercial vehicle without the insurance

required by this regulation unless the carrier is authorized to do so under

a Registrar's permit issued under

section 62 of the Act.

False information

51 If an applicant for an operating authority certificate or an amendment

to or renewal of it, or an applicant for a safety fitness certificate or

amendment to it provides false or misleading information, the Registrar

(

a) may suspend or cancel the certificate, and

(

b) if the certificate is suspended or cancelled, notify the

registered owner accordingly and of the person's right to appeal to the

Board under

section 43 of the Act.

Mechanical failures and collisions: freight trucks

52(1) If a freight truck for which a safety fitness certificate is

required cannot be operated because of a mechanical failure or collision

(in this

section called a "disabled freight truck") the carrier may

substitute another commercial vehicle if

(

a) the licence plates and certificate of registration of the

disabled freight truck are carried in the cab of the substituted commercial

vehicle while the substituted vehicle is used in place of the disabled

freight truck,

(

b) the substituted vehicle has a certificate of registration

issued under the Act, and

(

c) the substituted commercial vehicle is insured as required by

law.

(2) A person must not operate the substituted commercial vehicle for more

than 10 days without a permit to do so issued by the Registrar under

section 62 of the Act.

Mechanical failures and collisions: buses

53(1) If a commercial vehicle, in the case of a commercial vehicle

designed to carry 11 passengers or more, including the driver, and for

which a safety fitness certificate is required, cannot be operated because

of a mechanical failure or collision (in this

section called a "disabled

bus"), the carrier must immediately make arrangements for passengers to be

transported to their intended destination

(

a) without additional charge to the passengers, and

(

b) as expeditiously as possible in the circumstances.

(2) The carrier may substitute another commercial vehicle designed to

transport passengers if

(

a) the licence plates and certificate of registration of the

disabled bus are carried in the cab of the substituted vehicle while the

substituted vehicle is being used in place of the disabled bus, and

(

b) the substituted vehicle is insured as required by law.

(3) A person must not operate a substituted commercial vehicle for more

than 10 days without a permit to do so issued by the Registrar under

section 62 of the Act.

Division 3

Prohibitions

54 Every person to whom a safety fitness certificate or operating

of the certificate.

Offences created

55 A person who contravenes of fails to comply with any of the following

provisions is guilty of an offence:

section 2(1), (2);

section 3(1);

section 10(1);

section 11(1);

section 18(

a) to (d);

section 19(1), (2);

section 20(1);

section 24(2), (3), (4);

section 25;

section 26(1), (2);

section 27;

section 28;

section 29(2);

section 40(1), (2);

section 41(1);

section 42(1), (2);

section 47(1) to (3);

section 48(1);

section 50;

section 52(2);

section 53(3);

section 54;

section 55;

section 56.

Unsatisfactory rating

56 No person who has un unsatisfactory fitness rating may lease, rent or

operate a commercial vehicle for which a safety fitness rating is required.

Obstruction of Registrar and peace officers

57 No person may obstruct the Registrar or a peace officer from entering

a carrier's place of business in Alberta for the purpose of inspecting the

carrier's records or the carriers' commercial vehicles.

Part 7

Transitional Provisions, Repeal,

Expiry and Coming into Force

Division 1

Transitional Provisions

Definition

58 In this Division, "former regulation" means the Public Vehicle

Certificate and Insurance Regulation (AR 22/98).

Applications to the Board transferred to the Registrar

59 An application made to the Board under the former regulation that is

pending or under consideration when this Regulation comes into force, and

in respect of which the Registrar makes a decision under the Act, must be

transferred to and continued by and a decision made by the Registrar under

the Act and this regulation.

Ratings continued

60 A carrier that is rated by the Board under the former regulation

continues to have the same safety fitness rating as if it had been issued

by the Registrar under this regulation.

Safety fitness ratings being processed

61 If a carrier is in the process of being assigned a safety fitness

rating or a change of rating is being considered by the Board when this

regulation comes into effect, the Board must transfer the application to

the Registrar and the Registrar must decide the safety fitness rating under

this regulation.

Safety fitness certificate

62 A safety fitness certificate issued under the former regulation

(

a) is to be considered a safety fitness certificate issued by the

Registrar, and

been issued under this regulation.

Operating authority certificates for liveries

63 An operating authority certificate issued under the former regulation

authorizing a person to operate a livery business is repealed.

Other operating authority certificates

64 An operating authority certificate issued under

Part 3, Division 1 of

the former regulation

(

a) is to be considered an operating authority certificate issued

by the Registrar, and

been issued under this regulation.

Division 2

Repeal, Expiry and Coming into Force

Repeal

65 The Public Vehicle Certificate and Insurance Regulation (AR 22/98) is

repealed.

Expiry

66 For the purpose of ensuring that this Regulation is reviewed for

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

its present or an amended form following a review, this Regulation expires

on May 31, 2006.

Coming into force

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

section

156 of the Act.

Schedule 1

Goods Exempted from

Cargo Insurance

alfalfa (raw or pelletised) lime

animal feed and related concentrates loam

and supplements (not for human logs

consumption) lumber

asphalt mix (bituminous) newspapers

brick organic manure

cement (dry or wet) peat moss

clay propane

coal salt

concrete products sand

condensate sawdust

crude oil scrap iron

crushed glass septic tank refuse

dead animals snow

drilling mud stone

fodder sugar beets (raw

garbage or pelletised)

grain sulphur

granite topsoil

granulite water

gravel woodchips

herculite

Schedule 2

Fees

Application, Act, Activity or Service Performed Fee Payable

1(1) Application for an extra-provincial

operating authority certificate or

amendment to it under the Motor

Vehicle Transport Act (Canada) $180

(2) Application for renewal of an

extra-provincial operating authority

certificate under the Motor Vehicle

Transport Act (Canada) 60

2 Application for an operating authority

certificate, or an amendment to it or

renewal of it 50

3 For filing an objection to an application

for an operating authority certificate or

an amendment to it 120

4 For filing an intervention to an application

for an operating authority certificate or an

amendment to it 120

5 Application for a safety fitness certificate

or an amendment to it 50

6 An appeal to the Board on the basis of a

paper only hearing 125

7 An appeal to the Board for which an oral

hearing is requested 250

8 Application for a Registrar's permit to

exempt a person from a provision of this

Regulation or a provision of the Act relating

to commercial vehicles 55

Alberta Regulation 315/2002

Traffic Safety Act

COMMERCIAL VEHICLE DIMENSION AND WEIGHT REGULATION

Filed: December 17, 2002

Made by the Minister of Transportation (M.O. 42/02) on December 11, 2002

pursuant to

section 156 of the Traffic Safety Act.

Table of Contents

Definitions 1

Application and exemption 2

Prohibitions 3

Part 1

Commercial Vehicle Dimensions

Maximum dimensions 4

Outside projections 5

Width exceptions for farm equipment 6

General width exceptions 7

Width and height exceptions 8

Part 2

Commercial Vehicle Weights

Maximum weight 9

Part 3

Special Conditions

Emergency exceptions 10

Bridges 11

Road bans 12

Licence of occupation road 13

Part 4

Overdimensional and Overweight Commercial Vehicles

Definition 14

Overdimensional safety requirements 15

Escort vehicles 16

General provisions 17

Overweight permits 18

Part 5

Permit Fees

Permit fees 19

Part 6

Miscellaneous

Transitional 20

Offences 21

Repeal 22

Expiry 23

Coming into force 24

Schedules

Definitions

1 In this Regulation,

(a) "A-hitch" means a trailer converter dolly or a turntable

assembly that is towed from a single hitch located on the centre line of

the towing vehicle;

(b) "A-train" means a combination of vehicles consisting of a truck

tractor, a semi-trailer attached to the rear end of the truck tractor and

either

(

I) a full trailer attached to the rear end of the lead

semi-trailer by an A-hitch,

(ii) a pony trailer attached to the rear end of the lead

semi-trailer,

(iii) a pole trailer attached to the rear end of the lead

semi-trailer, or

(iv) a trailer converter dolly attached to the rear end

of the lead semi-trailer;

(c) "Act" means the Traffic Safety Act;

(d) "approved warning device" means an advance warning triangle, a

flare or a reflector that meets the specifications for an advance warning

triangle, a flare or a reflector, as the case may be, established by

(

I) the Society of Automotive Engineers, or

(ii) the Canadian Standards Association;

(e) "axle spread" means the longitudinal distance between the

centres of the outside axles of an axle group;

(f) "B-train" means a combination of vehicles consisting of a truck

tractor, a semi-trailer attached to the truck tractor and a semi-trailer

attached to the lead semi-trailer by means of a fifth wheel mounted no more

than 0.3 metres behind the centre of the last axle on the lead

semi-trailer;

(g) "bed truck" means a truck

(

I) that is equipped with a cargo carrying deck,

(ii) that is equipped with a winch for self loading that

has a pulling capacity of at least 18 000 kilograms, and

(iii) that may be coupled to a semi-trailer by means of a

fifth wheel,

but that is not equipped with a sleeper cab;

(h) "box length" means, with respect to a combination of vehicles,

the longitudinal dimension from the forwardmost part of the lead trailer or

its load, whichever is further forward, to the rearmost part of the last

trailer or its load, whichever is the greatest distance from the front of

the lead trailer, exclusive of any extension in t