Alberta Gazette — 30 September 2009 (Part II)
30 September 2009
Alberta — Gazette
Alberta Regulation 232/2009
School Act
Teaching Profession Act
PRACTICE REVIEW OF TEACHERS AMENDMENT REGULATION
Filed: September 1, 2009
For information only: Made by the Minister of Education (M.O. 062/2009) on
August 31, 2009 pursuant to
section 94 of the School Act.
1 The Practice Review of Teachers Regulation (AR 4/99) is
amended by this Regulation.
2 The following is added after
section 29:
Transitional re ATA Practice Review Bylaws
29.1(1) Notwithstanding any other provision of this Regulation, a
complaint respecting the teaching of a teacher referred to in
section
1(1)(m)(
i) may not be made under
section 6 on or after September 1,
2009, the date on which the Alberta Teachers' Association Practice
Review Bylaws approved by Ministerial Order (M.O. #006/2008)
come into effect.
(2) A complaint respecting the teaching of a teacher referred to in
section 1(1)(m)(
i) made under
section 6 before September 1, 2009
that is not disposed of before the coming into force of this subsection
shall be continued under and dealt with in accordance with this
Regulation.
--------------------------------
Alberta Regulation 233/2009
Electric Utilities Act
MICRO-GENERATION AMENDMENT REGULATION
Filed: September 8, 2009
For information only: Made by the Minister of Energy (M.O. 79/2009) on August
26, 2009 pursuant to
section 99 of the Electric Utilities Act.
1 The Micro-generation Regulation (AR 27/2008) is
amended by this Regulation.
Section 1(1)(
l) is repealed and the following is
substituted:
(l) "renewable or alternative energy" means electric energy
generated from
(
i) products having current EcoLogo certification, or
(ii) solar, wind, hydro, fuel cell, geothermal, biomass or
other generation sources, if the greenhouse gas intensity
(
A) the electric energy produced, or
(
B) the total energy produced from the simultaneous
generation of electric energy and production of
thermal energy from the same fuel source
is less than or equal to 418 kg per MW;
--------------------------------
Alberta Regulation 234/2009
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: September 8, 2009
For information only: Made by the Energy Resources Conservation Board on
September 2, 2009 pursuant to
section 10(1)(
b) of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Regulations (AR 151/71)
are amended by this Regulation.
2 The following is added before
section 16.640:
16.635 In this Part, "oilfield waste management facility"
means an oilfield waste management facility that is excluded
from the operation of the Board's Directive 75: Oilfield Waste
Liability (OWL) Program.
3 This Regulation comes into force on September 15,
Alberta Regulation 235/2009
Wildlife Act
WILDLIFE (SPECIES LISTINGS AND HUNTING, 2009)
AMENDMENT REGULATION
Filed: September 14, 2009
For information only: Made by the Minister of Sustainable Resource Development
(M.O 26/09 ) on September 8, 2009 pursuant to
section 103 of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Schedule 6 is amended in Sub-Part 1 of
Part 3
(
a) by adding "Bryum porsildii (Porsild's bryum)1" before
"Cryptantha minima (Tiny Cryptanthe)1";
(
b) by adding the following after "Cryptantha minima (Tiny
Cryptanthe)1":
Pinus albicaulis (Whitebark pine)1
Pinus flexilis (Limber pine)1
Schedule 6 is further amended
(
a) in
Part 4 by adding "Oncorhynchus clarkii lewisi
(Westslope Cutthroat Trout)3,4" after "Noturus flavus
(Stonecat)3";
(
b) in the Footnotes to the
Schedule by adding the
following after Footnote 3:
4Only Oncorhynchus clarkii lewisi (Westslope Cutthroat Trout)
that are found in, killed in or captured from flowing waters in the
Oldman River watershed upstream of Highway 509 near
Coalhurst, from the Bow River watershed upstream of Highway
24 near Carseland or from Picklejar Lakes (in sections 16 and 17,
township 18, range 6, west of the 5th meridian) are threatened
fish.
Part 6 of
Schedule 10 is amended by repealing Items 36
and 36.1 and substituting the following:
Non-trophy Sheep
Hunting Area 438B:
those portions of WMU 438 that
are shown outlined in red on a
plan of survey on file in the
Department at Edmonton as
(
a) No. 6589 M.S. Item "E" plus
legal subdivisions 3 and 6 of
section 23, township 47, range
24, west of the fifth meridian
and known as the Cardinal
River Coal Lease Area, and
(
b) No. 18863 M.S. Item "B" and
known as the Gregg River
Resources Ltd. 15 year Coal
Lease Area.
36.1
Non-trophy Sheep
Hunting Area 438C:
that portion of WMU 438 lying
south of the Drinnan Creek, Gregg
River drainage and north of the
north boundary of the Whitehorse
Wildland Park, excluding
Non-trophy Sheep Hunting Area
438B.
Schedule 15 is amended
(
a) in
section 9(1)(b)(vi) by adding "330," after "WMU";
(
b) in
section 15, Footnote 7, by adding "330," after
"WMUs";
(
c) in Item 7 of Table 4, in Column III OPEN SEASON,
by striking out "S10-O31" and substituting "S9-O31".
--------------------------------
Alberta Regulation 236/2009
Alberta Human Rights Act
HUMAN RIGHTS, CITIZENSHIP AND MULTICULTURALISM EDUCATION
FUND GRANT AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 439/2009)
on September 14, 2009 pursuant to
section 14 of the Alberta Human Rights Act.
1 The Human Rights, Citizenship and Multiculturalism
Education Fund Grant Regulation (AR 13/2000) is amended
by this Regulation.
2 The title is repealed and the following is substituted:
HUMAN RIGHTS EDUCATION AND
MULTICULTURALISM
FUND GRANT REGULATION
Section 1 is amended in subsections (1) and (2) by
striking out "Human Rights, Citizenship and Multiculturalism Act"
and substituting "Alberta Human Rights Act".
Section 6 is amended in subsections (2) and (3) by
striking out "Human Rights, Citizenship and Multiculturalism
Education Fund" and substituting "Human Rights Education and
Multiculturalism Fund".
5 This Regulation comes into force on October 1, 2009.
--------------------------------
Alberta Regulation 237/2009
Municipal Government Act
FOOTHILLS REGIONAL EMERGENCY SERVICES COMMISSION
AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 446/2009)
on September 14, 2009 pursuant to
section 602.02 of the Municipal Government Act.
1 The Foothills Regional Emergency Services Commission
Regulation (AR 268/97) is amended by this Regulation.
Section 2 is amended by adding the following after
clause (h):
(
i) Vulcan County;
(
j) the Town of Vulcan;
(
k) the Village of Milo;
(
l) the Village of Arrowwood;
(
m) the Village of Carmangay;
(
n) the Village of Champion;
(
o) the Village of Lomond.
--------------------------------
Alberta Regulation 238/2009
Safety Codes Act
PRESSURE EQUIPMENT SAFETY AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 447/2009)
on September 14, 2009 pursuant to
section 65 of the Safety Codes Act.
1 The Pressure Equipment Safety Regulation (AR 49/2006)
is amended by this Regulation.
Section 6(
a) is repealed and the following is substituted:
(
a) the following provisions of the CSA Standard B51-09, boiler,
pressure vessel and pressure piping Code:
(
i) Part 1, General requirements for boilers, pressure
vessels, and pressure piping, including informative
Annex E Inspection of welds in pressure coils exposed
to direct radiant heat;
(ii)
Part 2, High-pressure cylinders for the on-board storage
of natural gas and hydrogen as fuels for automotive
vehicles;
(iii)
Part 3, Compressed natural gas and hydrogen refuelling
station pressure piping systems and ground storage
vessels;
--------------------------------
Alberta Regulation 239/2009
Alberta Treasury Branches Act
ALBERTA TREASURY BRANCHES (MISCELLANEOUS
PROVISIONS, 2009) AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 449/2009)
on September 14, 2009 pursuant to
section 34 of the Alberta Treasury Branches Act.
1 The Alberta Treasury Branches Regulation (AR 187/97) is
amended by this Regulation.
Section 8 is amended by repealing subsection (4) and
substituting the following:
(4) The amount prescribed for the purposes of
section 18(1)(
a) of
the Act is such amount as would make ATB's exposure to the
relevant person or connected persons equal to 25% of ATB's capital
within the meaning of the guidelines under
section 20 of the Act.
(4.1) In subsection (4), "ATB's exposure" to the relevant person or
connected persons means the aggregate of
(
a) the outstanding balance of principal and interest owing under
all loans made by ATB to or in respect of that person or those
connected persons, and
(
b) the book value of all investments made by ATB in that
person or in those connected persons and still held by ATB,
but excluding investments referred to in
section 18(2)(
a) and (
b) of
the Act and subsection (5) of this section.
3 The following is added after
section 11:
Financial charges by Crown
11.1 The charges referred to in
section 14.1(1) of the Act and
sections 11.2 and 11.3 (in those sections referred to as "charges") are
payable with respect to
(
a) ATB's conducting its businesses generally, and
(
b) the Minister's general supervision of ATB.
Business charges
11.2 The charges under
section 11.1(
a) are to be in an amount
equal to 23% of ATB's consolidated net income as reported in its
audited annual financial statements for each fiscal year, and are
payable before July 1 in the fiscal year following that in respect of
which each charge is payable.
Aspects of and charges for general supervision
11.3 The Minister is authorized to do any of the things mentioned
section 34(1)(k.1) of the Act and ATB shall, each fiscal year
before such date as is directed by the Minister, pay the Crown such
amount for charges under
section 11.1(
b) as the Minister directs it in
writing representing the costs incurred by the Minister in exercising
the Minister's general supervision of ATB and shall make the
payment in the manner directed by the Minister.
Requirements for payment of charges
11.4 The charges must be paid
(
a) in the form of subordinated debt issued by ATB until the
notional capital represented by the amortized portion of $600
million of "tier 2 capital", as that term is defined in the
guidelines under
section 20 of the Act, reaches zero dollars,
and
(
b) after that event is reached, in the form of whichever of cash
or such subordinated debt as the Minister directs.
4 The following is added after
section 29:
Treatment of larger unclaimed balances
29.1(1) This
section and
section 29.2 apply with respect to deposits
in the form of deposit accounts, bank drafts, certified cheques,
money orders or term deposits.
(2) Where
(
a) within the past 12 months a customer of ATB (in this
section
referred to as "the customer") has neither transacted any
business through an account of that customer held with ATB
(in this
section referred to as "the account") nor provided
written acknowledgment to ATB of the balance in the
account, and
(
b) the balance of the account equals or exceeds $250,
ATB shall make reasonable endeavours to locate the customer.
(3) If ATB cannot locate the customer under subsection (2), it shall,
within 2 years after the last transaction of any business through the
account or the last written acknowledgment of the balance of the
account, change the status of the account to "unclaimed".
(4) ATB shall maintain a record, in relation to the account whose
status has changed, of
(
a) the name and last-known address of the customer,
(
b) the balance of the account,
(
c) the type of account,
(
d) the date of the change in status,
(
e) the branch location of ATB, and
(
f) the date of the last transaction or acknowledgment referred to
in subsection (3).
(5) The maturing of a deposit placed for a specific term or that
matures at a specific date does, and the application of earnings or a
service charge to the account by ATB does not, constitute the
transaction of business for the purposes of subsections (2) to (4).
(6) At approximately the 2nd and 5th anniversaries of the change in
the status of the account under subsection (3), ATB shall make
reasonable endeavours to locate the customer if the customer has not
been repaid.
(7) For conducting each search under subsections (2) and (6), ATB
may impose a reasonable charge against the customer's balance.
(8) Subject to subsection (7), ATB may only impose those charges
in respect of the balance held in the account that would be
chargeable to the customer if the account were still active.
(9) ATB shall continue to pay interest on the account at the same
rate as would have applied had the account still been active or, if that
type of account is no longer offered, the rate for the most closely
comparable account currently offered, on the balance transferred for
the whole of the period that the money is in the account designated
"unclaimed", but ATB is not required to pay or credit the interest
until a claim is paid out or until it has to transfer the money under
subsection (12)(b).
(10) Where the balance in the account is claimed by the person
entitled to it, ATB shall, if the claim is substantiated by evidence
satisfactory to ATB, pay the claimant the amount due on that
balance.
(11) ATB shall ensure that details of the payment are recorded and
that the payment is authorized in writing by at least 2 officers of
ATB.
(12) Before April 1 in the applicable year, if no valid claim has been
made, ATB shall
(
a) identify the amount that has or should have been held in the
account designated "unclaimed" for 10 years following the
change in status under subsection (3), and
(
b) transfer that amount and the records referred to in subsection
(4) to the Minister responsible for the Unclaimed Personal
Property and Vested Property Act for administration in
accordance with that Act.
(13) To the extent that money is transferred under subsection
(12)(b), ATB may not be sued for any claims for that money made
after the transfer.
(14) This
section does not apply to any money that is
(
a) lawfully retained by ATB under any lien, right of set-off or
specific charge, or
(
b) retained in a plan registered under the Income Tax Act
(Canada).
(15) ATB shall comply with
section 7 of the Unclaimed Personal
Property and Vested Property Act.
Treatment of small unclaimed balances
29.2(1) Where
(
a) within the past 2 years a customer of ATB (in this
section
referred to as "the customer") has neither transacted any
business through an account of that customer held with ATB
(in this
section referred to as "the account") nor provided
written acknowledgment to ATB of the balance in the
account, and
(
b) the balance of the account is less than $250,
ATB shall make reasonable endeavours to locate the customer,
following which ATB shall comply with
section 29.1 in respect of that
balance, hold the balance for the customer as if business were being
regularly transacted on the account or proceed in accordance with this
section.
(2) Subject to this section, where subsection (1)(
a) and (
b) apply, ATB
may, if a valid claim has not been made for the balance, transfer the
balance to income of ATB.
(3) Section 29.1(4), (5), (7) and (14) apply to balances transferred to
income under subsection (2).
(4) Where a balance that has been transferred to income under
subsection (2) is subsequently claimed by the person entitled to it,
ATB shall pay the claimant the amount due on that balance with
interest at a rate that is not less than that prescribed in
section 29.1(9)
for the whole of the period that the money was subject to the transfer.
(5) If the balance transferred to income is not claimed by the person
entitled to it within 5 years after the last transaction or
acknowledgment referred to in subsection (1), ATB may retain the
money and may not be sued for any claims for the money made after
the expiration of that period.
(6) Where ATB opts, pursuant to subsection (1), to comply with
section 29.1, the provisions of that section, except
section 29.1(15),
apply.
5 The following is added after
section 30:
Transitional - unclaimed balances
30.1(1) Notwithstanding
section 29.1(3), the initial date before
which a change in the status of an account must be made under that
subsection is April 1, 2010.
(2) Notwithstanding
section 29.2(1), the initial date before which
there must be compliance with that subsection is April 1, 2010.
(3) The reference in
section 29.2(5) to 5 years after the last
transaction or acknowledgment referred to in
section 29.2(1) is to be
deemed, initially after the commencement of that subsection, to refer
instead to April 1,
Section 3 comes into force with respect to ATB's 2009-10
fiscal year.
Alberta Regulation 240/2009
Securities Act
SECURITIES AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 454/2009)
on September 14, 2009 pursuant to
section 223 of the Securities Act.
1 The Securities Regulation (AR 115/95) is amended by
this Regulation.
Section 2(a)(
i) is repealed and the following is
substituted:
(
i) on a publicly accessible website maintained by the
Commission, or
Section 5(a)(
i) is repealed and the following is
substituted:
(
i) on a publicly accessible website maintained by the
Commission, or
Section 7 is repealed.
Section 11 is repealed.
Section 13 is amended by striking out "June 1, 2013" and
substituting "June 30, 2019".
7 The
Schedule is amended
(
a) in
section 1
(
i) by renumbering clause (
a) as clause (a.1) and
by adding the following before clause (a.1):
(a) "Form 33-109F7" means Form 33-109F7
Reinstatement of Registered Individuals and
Permitted Individuals, as amended or replaced
from time to time;
(ii) by adding the following after clause (a.1):
(a.2) "MI 11-102" means Multilateral Instrument
11-102 Passport System, as amended or replaced
from time to time;
(iii) by adding the following after clause (d):
(d.1) "NI 33-109" means National Instrument 33-109
Registration Information, as amended or replaced
from time to time;
(d.2) "NI 44-101" means National Instrument 44-101
Short Form Prospectus Distributions, as amended
or replaced from time to time;
(d.3) "NI 44-102" means National Instrument 44-102
Shelf Distributions, as amended or replaced from
time to time;
(d.4) "NI 45-106" means National Instrument 45-106
Prospectus and Registration Exemptions, as
amended or replaced from time to time;
(d.5) "NI 81-102" means National Instrument 81-102
Mutual Funds, as amended or replaced from time
to time.
(
b) by repealing
section 2 and substituting the
following:
2(1) A form prescribed under NI 33-109 that is submitted to
the Executive Director to seek registration or any request for
reinstatement after a suspension of registration must be
accompanied by the following fees:
(
a) for a firm seeking registration or reinstatement as a
dealer, adviser or investment fund manager, regardless
of the number of categories, a fee of $1200;
(
b) for an individual seeking registration or reinstatement to
act on behalf of a firm, regardless of the number of
categories, a fee of $300.
(2) Notwithstanding subsection (1), no fee is payable by a
registered person or company who is seeking registration in an
additional category or categories.
(3) Notwithstanding subsection (1)(b), no fee is payable for
filing a Form 33-109F7 where an individual joins a new
sponsoring firm, unless the individual files the form in the
calendar year following the date of the individual's termination
with the individual's former sponsoring firm.
2.1(1) Registered persons and companies shall pay the
following annual registration fees on December 31 of each
year:
(
a) for registered dealers, advisers or investment fund
managers, regardless of the number of categories, an
annual fee of $1200;
(
b) for registered individuals, regardless of the number of
categories, an annual fee of $300.
(2) Notwithstanding subsection (1)(a), no annual fee is
payable by a dealer, adviser or investment fund manager whose
registration is suspended as a result of a decision by the
Executive Director.
(3) Notwithstanding subsection (1)(b), no annual fee is
payable for an individual whose registration is suspended as a
result of
(
a) the termination of the individual's employment, or
(
b) the suspension of registration of the individual's
sponsoring firm by a decision of the Executive Director
or of the firm's principal regulator under MI 11-102.
(
c) by repealing
section 20.
--------------------------------
Alberta Regulation 241/2009
Animal Health Act
ANIMAL HEALTH (EXPIRY CLAUSE) AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 456/2009)
on September 14, 2009 pursuant to
section 69 of the Animal Health Act.
1 The Destruction and Disposal of Dead Animals
Regulation (AR 229/2000) is amended in
section 8 by
striking out "November 30, 2009" and substituting "November
30, 2010".
2 The Livestock Disease Control Regulation (AR 69/2000)
is amended in
section 7 by striking out "November 30, 2009"
and substituting "November 30, 2010".
3 The Livestock Market and Livestock Assembling Station
Regulation (AR 70/2000) is amended in
section 14 by
striking out "November 30, 2009" and substituting "November
30, 2010".
--------------------------------
Alberta Regulation 242/2009
Marketing of Agricultural Products Act
ALBERTA CANOLA PRODUCERS MARKETING PLAN
AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 457/2009)
on September 14, 2009 pursuant to
section 23 of the Marketing of Agricultural
Products Act.
1 The Alberta Canola Producers Marketing Plan
Regulation (AR 108/98) is amended by this Regulation.
Section 32(3) is amended by adding "made by an eligible
producer prior to or at the annual Commission meeting and must be"
after "Nominations for the position of director must be".
Section 37 is amended
(
a) in subsection (1) by adding "in an election and" before
"on any question";
(
b) by repealing subsection (3).
Alberta Regulation 243/2009
Government Organization Act
CALGARY RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 461/2009)
on September 14, 2009 pursuant to
Schedule 5,
section 4 of the Government
Organization Act.
1 The Calgary Restricted Development Area Regulations
(AR 212/76) are amended by this Regulation.
Schedule A, describing land located in Township 22,
Range 29, West of the Fourth Meridian, is amended by
striking out
Sections 25, 26, Plans 8911125 and 0212503 showing survey for
35 and 36 descriptive purposes of a right of way for a
Transportation/Utility Corridor and Plan
8510682 within the east half of
section 35; Plan
EXCEPTING THEREOUT
Lot 1, Block 1 of Plan 0211531; Lot 1, Block 3
of Plan 0211531; Lot 1, Block 4 of Plan
0211531; all that portion of the road allowance
lying adjacent to the north limits of NW 35 22 29
4 and lying between a line joining the northwest
corner of Lot 1, Block 4 and the southwest
corner of Lot 1, Block 3, and a line joining the
southeast corner of Lot 1, Block 3 and the
northeast corner of Lot 1, Block 4 and Lot 1,
Block 2, all on Plan 0211531; Area 'A' on Plan
0710614; all that portion of Area 'A' on Plan
0212503 not included on Plan 0710614
and substituting:
Sections 25, 26, Plans 8911125 and 0212503 showing survey for
35 and 36 descriptive purposes of a right of way for a
Transportation/Utility Corridor; Plan 0710614;
the remainder of the east half of 35 22 29 4; Plan
EXCEPTING THEREOUT
Lot 1, Block 1 of Plan 0211531; Lot 1, Block 4
of Plan 0211531 lying west of plan 0710614; all
that portion of the road allowance lying adjacent
to the north limits of NW 35 22 29 4 and lying
between a line joining the northwest corner of
Lot 1, Block 4 and the southwest corner of Lot 1,
Block 3 of Plan 0211531 and a line joining the
southwest corner of plan 0710614 within the SE
1 23 29 W4 and the NW corner of Plan 0710614
within the NW 35 22 29 W4; Area 'A' on Plan
0710614; all that portion of Area 'A' on Plan
0212503 not included on Plan 0710614; Area E
on TUC Plan 021 2503 lying south of plan
08103247; Lot 1, Block 2 of Plan 0211531; Plan
7410459 north of plan 0710614
--------------------------------
Alberta Regulation 244/2009
Student Financial Assistance Act
STUDENT FINANCIAL ASSISTANCE AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 466/2009)
on September 14, 2009 pursuant to
section 22 of the Student Financial Assistance
Act.
1 The Student Financial Assistance Regulation
(AR 298/2002) is amended by this Regulation.
Schedule 1 is amended
(
a) in
section 1(1) by repealing clause (c)(iii) and
substituting the following:
(iii) who is living with that student in a conjugal
relationship, where there are one or more children of the
relationship by birth or adoption;
(
b) in
section 2(1) by repealing clause (
c) and
substituting the following:
(
c) is a protected person for the purposes of
Part 2 of the
Immigration and Refugee Protection Act (Canada) who
is living in Alberta on the date on which that program
begins and has not established residency in another
province, or
(
c) in
section 31
(
i) in subsection (3) by striking out "to the loan
holder, who" and substituting " as directed by the
Minister, and the loan holder";
(ii) by repealing subsections (9) and (10) and
substituting the following:
(9) A student may receive interest relief from all
provincial loans for an aggregate period of 60 months
after an interest free period.
(10) Where a student enters into a further course of study
which creates an interest free period, the aggregate period
for interest relief is reset at 60 months after the interest
free period expires.
Schedule 2 is amended
(
a) in
section 1(1) by repealing clause (c)(iii) and
substituting the following:
(iii) who is living with that student in a conjugal
relationship, where there are one or more children of the
relationship by birth or adoption;
(
b) in
section 1(2) by repealing clause (
c) and
substituting the following:
(
c) is a protected person for the purposes of
Part 2 of the
Immigration and Refugee Protection Act (Canada) who
is living in Alberta on the date on which that program
begins and has not established residency in another
province, or
(
c) by renumbering
section 9 as 9(1) and by adding the
following after subsection (1):
(2) The Minister may withdraw approval
(
a) of a program of study if, in the opinion of the Minister,
the program fails to meet the requirements of subsection
(1), or
(
b) of an educational institution if, in the opinion of the
Minister, the educational institution fails to comply with
its agreement under subsection (1)(d).
(
d) in
section 33 by repealing subsections (5) and
(6) and substituting the following:
(5) A student may receive interest relief from all provincial
loans for an aggregate period of 60 months after an interest
free period.
(6) Where a student enters into a further course of study
which creates an interest free period, the aggregate period for
interest relief is reset at 60 months after the interest free
period expires.
--------------------------------
Alberta Regulation 245/2009
Mines and Minerals Act
DRILLING ROYALTY CREDIT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 470/2009)
on September 14, 2009 pursuant to sections 5 and 36 of the Mines and Minerals Act.
Table of Contents
Interpretation
2 Eligible well
3 Establishing drilling royalty credits
4 Allocating drilling royalty credits to royalty payers
5 Applying drilling royalty credits
6 Furnishing working interest participant information for
oil wells and oil sands wells
7 Average daily Crown production
8 Drilling royalty credit balance
9 Crude oil and gas royalty obligations
10 Conversion factors
11 Records
12 Artificial transactions and non-compliance
13 Licensee and operator liability
14 Reporting circumstances affecting eligibility
15 Minister's decision final
16 Expiry
17 Coming into force
Interpretation
1(1) In this Regulation,
(a) "Act" means the Mines and Minerals Act;
(b) "Board" means the Energy Resources Conservation Board;
(c) "Crown interest" means the percentage of Crown ownership
of crude oil or gas
(
i) as determined by the Minister, in the case of a well in
which crude oil or gas is not recovered, or
(ii) as determined by the Minister in accordance with
section 26.1 of the Petroleum and Natural Gas Tenure
Regulation (AR 263/97), in the case of a well in which
crude oil or gas is recovered;
(d) "crude oil" means
(
i) crude oil as defined in the Petroleum Royalty
Regulation, 2009 (AR 222/2008), and
(ii) an oil sands product referred to in
section 27(1) of the
Oil Sands Royalty Regulation, 2009 (AR 223/2008);
(e) "drain" is a well event that is given a status of a drain
according to the records of the Board;
(f) "drilling royalty credit" means a drilling royalty credit
established under
section 3;
(g) "eligible well" means a well that is an eligible well under
section 2;
(h) "field condensate" means field condensate as defined in the
Natural Gas Royalty Regulation, 2009 (AR 221/2008);
(i) "finished drilling date" means a finished drilling date for a
well according to the records of the Board;
(j) "gas" means natural gas, solution gas, gas products and field
condensate;
(k) "gas product" means gas product as defined in the Natural
Gas Royalty Regulation, 2009 (AR 221/2008);
(l) "gas royalty client" means a royalty client as defined in the
Natural Gas Royalty Regulation, 2009 (AR 221/2008);
(m) "gas well" means a gas well as defined in the Oil and Gas
Conservation Regulations (AR 151/71);
(n) "gas well operator" means an operator as defined in the
Natural Gas Royalty Regulation, 2009 (AR 221/2008);
(o) "licence" means a licence for a well issued under the Oil and
Gas Conservation Act or the Oil Sands Conservation Act;
(p) "licensee" means the holder of a licence according to the
records of the Board and includes a trustee or receiver
manager of property of a licensee;
(q) "non-Project well event" means a non-Project well event as
defined in Oil Sands Royalty Regulation, 2009
(AR 223/2008);
(r) "oil sands well" means a well that consists of only
non-Project well events;
(s) "oil sands well operator" means an operator as defined in the
Oil Sands Royalty Regulation, 2009 (AR 223/2008);
(t) "oil well" means an oil well as defined in the Oil and Gas
Conservation Regulations (AR 151/71);
(u) "oil well operator" means an operator as defined in the
Petroleum Royalty Regulation, 2009 (AR 222/2008);
(v) "operator" means a gas well operator, an oil well operator or
an oil sands well operator;
(w) "original well" means the initial well drilled prior to any
re-entry well;
(x) "production month" means the month in which crude oil or
gas is recovered;
(y) "re-entry well" means a re-entry well according to the
records of the Board;
(z) "royalty payer" means
(
i) a gas royalty client,
(ii) an oil well operator,
(iii) an oil sands well operator, or
(iv) a working interest participant whose name is furnished
under
section 6;
(aa) "solution gas" means solution gas as defined in the Natural
Gas Royalty Regulation, 2009 (AR 221/2008);
(bb) "well" means an oil well, gas well or oil sands well;
(cc) "well event" means
(
i) a part of a well completed in a zone and given a unique
well identifier by the Board,
(ii) parts of a well completed in 2 or more zones and given
a single unique well identifier by the Board,
(iii) a part of a well completed in and recovering crude oil or
gas from a zone but which has not yet been given a
unique well identifier by the Board, or
(iv) parts of a well completed in and recovering crude oil or
gas from 2 or more zones during the period when the
parts are considered by the Minister as a single well
event for the purposes of this Regulation and before the
Board makes a decision whether or not to give the parts
a single unique well identifier;
(dd) "well leg" means a deviation or branch of a wellbore
according to the records of the Board;
(ee) "working interest participant" means a person who owns a
beneficial or legal undivided interest in a well under
contracts that pertain to the ownership of that well;
(ff) "zone" means a zone as defined in the Petroleum Royalty
Regulation, 2009 (AR 222/2008).
(2) A reference in this Regulation to a month, whether by its name or
not, is the period commencing at 8:00 a.m. on the first day of the
month and ending immediately before 8:00 a.m. on the first day of the
next month.
Eligible well
2(1) Subject to subsection (2), an eligible well is a well that
(
a) is spudded on or after April 1, 2009 but before April 1, 2011,
(
b) has a finished drilling date on or after April 1, 2009 but
before April 1, 2011,
(
c) is drilled for the purpose of recovering crude oil or gas
according to the records of the Board,
(
d) has a Crown interest greater than 0%, and
(
e) is subject to royalty under the Petroleum Royalty Regulation,
2009 (AR 222/2008), the Natural Gas Royalty Regulation,
2009 (AR 221/2008) or
section 27 of the Oil Sands Royalty
Regulation, 2009 (AR 223/2008).
(2) A well is not an eligible well if the well
(
a) is part of a Project, or is the subject of an application to be
part of a Project, under the Oil Sands Royalty Regulation,
2009 (AR 223/2008),
(
b) is drilled for a purpose other than recovering crude oil or gas,
including the disposal or injection of a substance into the
well,
(
c) is a re-entry well where the original well does not meet the
requirements of subsection (1), or
(
d) contains a well event in respect of which the Minister has, at
any time, prescribed a quantity of conservation gas pursuant
section 7(10)(
b) or (
d) of the Natural Gas Royalty
Regulation, 2009 (AR 221/2008) or
section 6(12)(
b) of the
Natural Gas Royalty Regulation, 2002 (AR 220/2002).
(3) Additional information must be provided to the Minister by the
licensee or operator of a well if required to aid in determining whether
the well meets the requirements of this section.
Establishing drilling royalty credits
3(1) The Minister may establish a drilling royalty credit for an eligible
well in accordance with the following formula:
DRC = DM x $200.00 x CI
where
DRC is the drilling royalty credit for the well;
DM is, according to the records of the Board, the total distance in
metres of new drilling for the well, including well legs and
drains, calculated in accordance with subsection (2), as of the
finished drilling date;
CI is the Crown interest.
(2) In calculating the total distance in metres of new drilling under
subsection (1),
(
a) a well leg or drain must be counted only once,
(
b) for a well containing one or more well events and no well
legs or drains, the distance for each well event in the well is
the length, in metres, along the bore of the well from the
kelly bushing of the well containing the well event to the
deepest point of drilling of the well event,
(
c) for a well containing one well event and one or more well
legs or drains, the distance for that well event is the sum of
(
i) the length, in metres, of the well event, from the kelly
bushing of the well containing the well event to the
deepest point of drilling of the well event, and
(ii) the sum of the lengths, in metres, of all the well legs or
drains in the well containing the well event, from the
kick-off point of each well leg or drain to the furthest
point of drilling of the well leg or drain,
(
d) for a well not described in clause (
b) or (c), the distance may
be determined by the Minister, and
(
e) for a well that has more than one finished drilling date, the
Minister shall determine which is the finished drilling date
for the purpose of this Regulation.
(3) For the purpose of
section 5(4), the drilling royalty credit
calculated for an eligible re-entry well is deemed established as of the
finished drilling date of the original well.
(4) If the Minister is satisfied that any grant or benefit has been
provided by any government, including the Government of Alberta or
referable in whole or in part to an eligible well, the Minister may
reduce by an amount that does not exceed the amount of the grant or
benefit any drilling royalty credit established in respect of that well.
(5) Drilling royalty credits established under subsection (1) shall not
be recalculated after June 30, 2011, unless the Minister considers it
appropriate to do so.
Allocating drilling royalty credits to royalty payers
4(1) The licensee of an eligible well must allocate a drilling royalty
credit to any one or more royalty payers, such that the entire drilling
royalty credit is allocated.
(2) The licensee must, in the form and manner determined by the
Minister, notify the Minister of the allocations.
(3) Once the Minister has been notified under subsection (2), the
licensee may not make any changes to the allocations.
Applying drilling royalty credits
5(1) In this section,
(a) "average daily Crown production" means average daily
Crown production of a royalty payer determined under
section 7;
(b) "drilling royalty credit balance" means a drilling royalty
credit balance of a royalty payer determined under
section 8;
(c) "royalty obligations" mean, in respect of a royalty payer,
royalty obligations determined under
section 9.
(2) Subject to this section, for each production month the drilling
royalty credit balance of a royalty payer must be applied by the
Minister against the royalty obligations of the royalty payer to a
maximum of
(a) 50% of the royalty obligations, if the average daily Crown
production of the royalty payer is greater than zero cubic
metres and less than or equal to 1590 cubic metres,
(b) 40% of the royalty obligations, if the average daily Crown
production of the royalty payer is greater than 1590 cubic
metres and less than or equal to 2385 cubic metres,
(c) 30% of the royalty obligations, if the average daily Crown
production of the royalty payer is greater than 2385 cubic
metres and less than or equal to 3180 cubic metres,
(d) 20% of the royalty obligations, if the average daily Crown
production of the royalty payer is greater than 3180 cubic
metres and less than or equal to 3975 cubic metres, or
(e) 10% of the royalty obligations, if the average daily Crown
production of the royalty payer is
(
i) greater than 3975 cubic metres, or
(ii) equal to zero cubic metres.
(3) Where a person becomes a royalty payer on or after January 1,
2009 but before April 1, 2010, the amounts applied against royalty
obligations under subsection (2) on or before the March 2010
production month must be recalculated after the March 2010
production month based on the average daily Crown production
determined under
section 7(2).
(4) Where a person becomes a royalty payer on or after April 1, 2010
but before April 1, 2011, the amounts applied against royalty
obligations under subsection (2) on or before the March 2011
production month must be recalculated after the March 2011
production month based on the average daily Crown production
determined under
section 7(3).
(5) Drilling royalty credits established
(
a) on or after April 1, 2009 but before April 1, 2010 must be
applied against royalty obligations of a royalty payer for the
production months commencing with the April 2009
production month and ending with the March 2011
production month, and
(
b) on or after April 1, 2010 but before April 1, 2011 must be
applied against royalty obligations of a royalty payer for the
production months commencing with the April 2010
production month and ending with the March 2011
production month.
(6) Drilling royalty credits must be applied under subsection (2) until
(
a) the drilling royalty credit balance for a royalty payer is zero,
(
b) the end of the month in which royalty obligations are
determined in respect of the March 2011 production month,
whichever occurs first.
(7) Drilling royalty credits that are not applied in accordance with
subsection (2) by the end of the month in which royalty obligations are
determined in respect of the March 2011 production month will be
forfeited.
(8) The Minister may begin implementing the application of drilling
royalty credits against gas royalty obligations in advance of doing the
same in respect of crude oil royalty obligations and determine the
implementation dates for each.
Furnishing working interest participant information for oil wells and oil
sands wells
6(1) Each oil well operator and oil sands well operator shall, in
respect of the operator's total volume of crude oil that is subject to
royalty under the Petroleum Royalty Regulation, 2009 (AR 222/2008)
section 27 of the Oil Sands Royalty Regulation, 2009
(AR 223/2008), furnish to the Department the names of working
interest participants and the volumes attributable to each participant
(
a) for the production months commencing with the January
2008 production month and ending with the December 2008
production month, by September 30, 2009 or within 14 days
after the filing of this Regulation under the Regulations Act,
whichever is later,
(
b) for the production months commencing with the January
2009 production month and ending with the December 2009
production month, by January 31, 2010, and
(
c) for the production months commencing with the January
2010 production month and ending with the March 2011
production month, by the end of the month following the end
of each production month.
(2) If the aggregate of the volumes furnished by an operator under
subsection (1) is less than the operator's total volume of crude oil
subject to royalty for the applicable period, the difference is attributed
to the operator.
(3) If an operator does not furnish any volumes under subsection (1),
all the volumes for the applicable period are attributed to the operator.
(4) The information to be furnished under subsection (1) must be in
the form and manner determined by the Minister.
Average daily Crown production
7(1) The Minister must determine, based on the records of the
Department as of March 20, 2009, the average daily Crown production
of crude oil and gas expressed in cubic metres of crude oil that is
attributable to each royalty payer for the production months
commencing with the January 2008 production month and ending with
the December 2008 production month.
(2) Where a person becomes a royalty payer on or after January 1,
2009 but before April 1, 2010, the Minister must determine, based on
the records of the Department as of the end of the March 2010
production month, the average daily Crown production of crude oil and
gas expressed in cubic metres of crude oil that is attributable to that
royalty payer for the production months commencing with the April
2009 production month and ending with the March 2010 production
month.
(3) Where a person becomes a royalty payer on or after April 1, 2010
but before April 1, 2011, the Minister must determine, based on the
records of the Department as of the end of the March 2011 production
month, the average daily Crown production of crude oil and gas
expressed in cubic metres of crude oil that is attributable to that royalty
payer for the production months commencing with the April 2010
production month and ending with the March 2011 production month.
(4) The information to be furnished under
section 6 for the purpose of
this
section may not be furnished or changed after the Minister
determines the average daily Crown production for a royalty payer
under subsection (1), (2) or (3).
Drilling royalty credit balance
8 The Minister must determine and maintain a drilling royalty credit
balance for each royalty payer consisting of the aggregate of drilling
royalty credits allocated to a royalty payer under
section 4 minus any
amounts applied against the royalty obligations of a royalty payer
under
section 5.
Crude oil and gas royalty obligations
9(1) For each production month commencing with the April 2009
production month and ending with the March 2011 production month,
the Minister must determine the total royalty obligations of each
royalty payer under the Petroleum Royalty Regulation, 2009
(AR 222/2008), the Natural Gas Royalty Regulation, 2009
(AR 221/2008) and
section 27 of the Oil Sands Royalty Regulation,
2009 (AR 223/2008) net of any other credits, deductions or reductions.
(2) For the purposes of this Regulation, a working interest participant
whose name is furnished under
section 6 is deemed to have royalty
obligations under the regulations referred to in subsection (1), despite
not having a legal obligation directly to the Crown in respect of those
royalty obligations.
(3) Royalty obligations determined under subsection (1) shall not be
recalculated after June 30, 2011, unless the Minister considers it
appropriate to do so.
Conversion factors
10 For the purposes of this Regulation, the Minister may determine
and apply any factors that are necessary to convert volumes of gas into
equivalent volumes of crude oil.
Records
11(1) Subject to subsection (2), a licensee, operator and royalty payer
must keep all records related to drilling royalty credits that are in the
possession of the licensee, operator and royalty payer until the
expiration of the 6-year period following the end of the year of the
final calendar month in which the drilling royalty credits are applied
under
section 5.
(2) If the Minister is of the opinion that it is necessary for the
administration of the Act or this Regulation, the Minister may, by a
direction sent by registered mail or served personally, require any
person required to keep records under subsection (1) to keep the
records referred to in that subsection for any longer period specified in
the direction.
(3) A person required to keep records pursuant to this
section shall, on
the request of the Minister, submit to the Minister within the time
specified by the Minister any information or record the Minister
requires.
Artificial transactions and non-compliance
12(1) Notwithstanding any other provision of this Regulation, if the
Minister is of the opinion that
(
a) one or more acts, agreements, arrangements, transactions or
operations were effected, whether before or after the filing of
this Regulation under the Regulations Act, for the purpose of
improperly, artificially or unduly obtaining or increasing the
amount of a drilling royalty credit, or
(
b) a licensee, operator or royalty payer has not complied with
any provision of this Regulation or any provision of the Act
in relation to this Regulation,
the Minister may take any or all of the actions specified in subsection
(2).
(2) In the circumstances set out in subsection (1), the Minister may
take either or both of the following actions:
(
a) determine that all of the drilling royalty credits, established,
allocated or applied under sections 3, 4 and 5 should not have
been established, allocated or applied;
(
b) determine that the amount of drilling royalty credits
established, allocated or applied under sections 3, 4 and 5
was improperly, artificially or unduly increased and is to be
reduced accordingly.
(3) If the Minister makes a determination under subsection (2),
(
a) a person in whose favour drilling royalty credits have been
allocated and applied under sections 4 and 5 is not entitled to
the drilling royalty credits or to the amount by which the
amount of drilling royalty credits is or was improperly,
artificially or unduly increased, as the case may be, and
(
b) the Minister shall reverse the drilling royalty credits allocated
and applied under sections 4 and 5.
Licensee and operator liability
13(1) The licensee of an eligible well
(
a) is liable for, and
(
b) must indemnify and hold harmless the Government of
Alberta against
all third party claims, demands, actions or costs, including legal costs
on a solicitor-client basis, related to, occasioned by or attributable to
the licensee arising from the allocation of drilling royalty credits under
section 4.
(2) The operator of an oil well or oil sands well
(
a) is liable for, and
(
b) must indemnify and hold harmless the Government of
Alberta against
all third party claims, demands, actions or costs, including legal costs
on a solicitor-client basis, related to, occasioned by or attributable to
the operator arising from the furnishing of working interest participant
information, whether furnished under
section 6 after the filing of this
Regulation under the Regulations Act or voluntarily furnished to the
Department before the filing of this Regulation under the Regulations
Act.
Reporting circumstances affecting eligibility
14 A licensee, operator or royalty payer must notify the Minister in
writing on learning of any circumstances that indicate that
(
a) a well was not an eligible well in whole or in part, and
(
b) drilling royalty credits were allocated to someone who is not
a royalty payer.
Minister's decision final
15 Where any question arises pertaining to the
interpretation or
application of this Regulation, the Minister is the sole judge of the
question and there is no appeal from the Minister's decision.
Expiry
16 This Regulation expires on June 30, 2017.
Coming into force
17 This Regulation is deemed to have come into force on April 1,
--------------------------------
Alberta Regulation 246/2009
Mental Health Act
PATIENT ADVOCATE AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 472/2009)
on September 14, 2009 pursuant to
section 45 of the Mental Health Act.
1 The Patient Advocate Regulation (AR 148/2004) is
amended by this Regulation.
Section 1(
b) is repealed and the following is substituted:
(b) "facility patient" includes a person who
(
i) is or has been a formal patient, or
(ii) is or has been subject to one admission certificate or one
renewal certificate;
Section 3 is amended
(
a) in subsection (1)
(
i) by striking out "formal" wherever it occurs and
substituting "facility";
(ii) in clause (
a) by adding "or was" after "patient is";
(
b) in subsection (2) by striking out "formal" and
substituting "facility";
(
c) in subsection (3) by striking out "formal" and
substituting "facility";
(
d) by repealing subsection (4) and substituting the
following:
(4) The Patient Advocate may investigate a complaint as it
relates to the period during which the person who is the subject
of the complaint was a facility patient.
(
e) in subsection (5) by striking out "formal" wherever it
occurs and substituting "facility".
Section 4 is amended
(
a) by striking out "formal" wherever it occurs and
substituting facility";
(
b) in clause (b)(ii) by adding "a facility patient and to"
after "to".
Section 5 is amended
(
a) in subsection (1)(
c) by striking out "formal" and
substituting "facility";
(
b) in subsection (2) by striking out "formal" and
substituting "facility";
(
c) in subsection (4)(
b) by striking out "formal" and
substituting "facility".
Section 9(
a) is amended by striking out "formal" wherever
it occurs and substituting "facility".
7 This Regulation comes into force on the coming into
force of sections 5, 6 and 7 of the Mental Health
Amendment Act, 2007.
Alberta Regulation 247/2009
Lobbyists Act
LOBBYISTS ACT GENERAL REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 478/2009)
on September 14, 2009 pursuant to
section 20 of the Lobbyists Act.
Table of Contents
1 Definition
2 Time spent lobbying
3 Former public office holder
4 Prescribed Provincial entity
5 Exemption
6 Notice of administrative penalty
7 Amount of administrative penalty
8 Appeal of administrative penalty
9 Fees
10 Expiry
11 Coming into force
Schedules
Definition
1 In this Regulation, "Act" means the Lobbyists Act.
Time spent lobbying
2 For the purposes of determining whether lobbying amounts to at
least 100 hours annually under
section 1(1)(
h) of the Act, time spent
lobbying is indicated by the time spent communicating with a public
office holder but does not include time spent preparing for the
communication.
Former public office holder
3 For the purposes of
section 1(3)(
c) of
Schedule 1 to the Act and
section 1(2)(
c) of
Schedule 2 to the Act, the following positions are
considered to be prescribed positions:
(
a) the highest-ranking executive of a prescribed Provincial
entity;
(
b) the next highest-ranking executive to the highest-ranking
executive of a prescribed Provincial entity.
Prescribed Provincial entity
4(1) For the purposes of the Act, the Provincial entities referred to in
Schedule 1 are prescribed Provincial entities.
(2) For the purposes of the Act, the Provincial entities referred to in
Schedule 2 are not prescribed Provincial entities.
Exemption
5 For the purposes of
section 3(1)(
m) of the Act, the Act does not
apply to the individuals referred to in
Schedule 3 when acting in their
official capacity.
Notice of administrative penalty
6(1) For the purposes of
section 18 of the Act, an administrative
penalty is payable in respect of a contravention of any of the following
sections of the Act:
(
a) section 4;
(
b) section 5;
(
c) section 6;
(
d) section 10.
(2) A notice of administrative penalty must be given in writing and
must contain the following information:
(
a) the name of the person required to pay the administrative
penalty;
(
b) the particulars of the contravention;
(
c) the amount of the administrative penalty and the date by
which it must be paid;
(
d) a statement of the right to appeal to the Court of Queen's
Bench by originating notice.
Amount of administrative penalty
7 The amount of an administrative penalty shall be determined by the
Registrar, who shall take into account the following factors:
(
a) the severity of the contravention;
(
b) the degree of wilfulness or negligence in the contravention;
(
c) whether or not there was any mitigation relating to the
contravention;
(
d) whether or not steps have been taken to prevent reoccurrence
of the contravention;
(
e) whether or not the person who received the notice of
administrative penalty has a history of non-compliance;
(
f) whether or not the person who received notice of
administrative penalty reported himself or herself upon
discovery of the contravention;
(
g) whether or not the person who received notice of
administrative penalty has received an economic benefit as a
result of the contravention;
(
h) any other factors that, in the opinion of the Registrar, are
relevant.
Appeal of administrative penalty
8(1) A person who is served with a notice of administrative penalty
may appeal the Registrar's decision to impose an administrative
penalty by filing an application with the Court of Queen's Bench
within 30 days from the date the notice of administrative penalty was
served.
(2) The application shall describe the notice of administrative penalty
and state the reasons for the appeal.
(3) A copy of the application shall be served on the Registrar not less
than 30 days before the appeal is to be heard.
(4) The Court may, on application either before or after the time
referred to in subsection (1), extend that time if it considers it
appropriate to do so.
(5) On hearing the appeal, the Court of Queen's Bench may confirm,
rescind or vary the amount of the administrative penalty.
Fees
9(1) Subject to subsection (2), the fee payable for filing a return
pursuant to
section 4 or 5 of the Act is $150.
(2) No fee is payable if the return is filed electronically.
(3) On application by a designated filer, the Registrar may reduce or
waive the payment of the filing fee payable by the designated filer
under this
section where the Registrar is of the opinion that to require
payment of the filing fee would cause undue financial hardship.
Expiry
10 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 September 30, 2019.
Coming into force
11 This Regulation comes into force on September 28, 2009.
Schedule 1
Provincial entities prescribed for
the purposes of the Act
Aboriginal Relations
Metis Settlements Appeal Tribunal
Advanced Education and Technology
The following universities:
Athabasca University
Mount Royal University
The University of Alberta
The University of Calgary
The University of Lethbridge
The following colleges:
Alberta College of Art and Design
Bow Valley College
Grande Prairie Regional College
Grant MacEwan College
Keyano College
Lakeland College
Lethbridge College
Medicine Hat College
NorQuest College
Northern Lakes College
Olds College
Portage College
Red Deer College
The following technical institutes and The Banff Centre:
The Banff Centre
Northern Alberta Institute of Technology
Southern Alberta Institute of Technology
Access Advisory Council
Alberta Agricultural Research Institute
Alberta Apprenticeship and Industry Training Board
Alberta Council on Admissions and Transfer
Alberta Energy Research Institute
Alberta Enterprise Corporation
Alberta Forestry Research Institute
Alberta Foundation for Health Research
Alberta Heritage Foundation for Medical Research
Alberta Heritage Foundation for Science and Engineering Research
Alberta Information and Communications Technology Institute
Alberta Life Sciences Institute
Alberta Research Council Inc.
Alberta Science and Research Authority
Appeal boards appointed under
Part 4 of the Apprenticeship
and Industry Training Act
The Arctic Institute of North America
The Athabasca University Governing Council
The Board of Governors of Alberta College of Art and Design
Board of Governors of The Banff Centre
The Board of Governors of Bow Valley College
The Board of Governors of Grande Prairie Regional College
The Board of Governors of Grant MacEwan College
The Board of Governors of Keyano College
The Board of Governors of Lakeland College
The Board of Governors of Lethbridge College
Board of Governors of Medicine Hat College
The Board of Governors of Mount Royal University
The Board of Governors of NorQuest College
Board of Governors of the Northern Alberta Institute
of Technology
The Board of Governors of Northern Lakes College
The Board of Governors of Olds College
The Board of Governors of Portage College
The Board of Governors of Red Deer College
Board of Governors of the Southern Alberta Institute
of Technology
C-FER Technologies
(1999) Inc.
Campus Alberta Quality Council
Committees established under
section 4 of the Alberta
Heritage Scholarship Act
The Fairview College Foundation
The Governors of The University of Alberta
The Governors of The University of Calgary
The Governors of The University of Lethbridge
The Grande Prairie Regional College Alumni/Foundation
The Grant MacEwan College Foundation
iCore Inc. (Informatics Circle of Research Excellence)
The Keyano College Foundation
Lethbridge College Foundation
The Medicine Hat College Foundation
Mount Royal College Day-Care Society
The Mount Royal College Foundation
The NorQuest College Foundation
The Northern Alberta Institute of Technology Foundation
Olympic Oval Association
The Red Deer College Foundation
Student Financial Assistance Appeal Committees
Students Finance Board
University College International Limited Partnership
University Technologies International Inc.
Agriculture and Rural Development
Agriculture Financial Services Corporation
Agricultural Operation Practices Act Policy
Advisory Group Committee
Alberta Agricultural Products Marketing Council
Alberta Grain Commission
Alberta Livestock and Meat Agency Ltd.
Appeal tribunals appointed under
section 39 of the
Marketing of Agricultural Products Act
Farmer's Advocate Office
Hall of Fame Selection Committee
Institute for Agriculture, Forestry and the Environment
Irrigation Council
Practice review committees appointed under
section 5
of the Agricultural Operation Practices Act
Production Animal Medicine Advisory Committee
Wheat Board Money Trust Board of Trustees
Children and Youth Services
The following Child and Family Services Authorities Boards
established under the Child and Family Services Authorities Act:
Calgary and Area CFSA Board
Central Alberta CFSA Board
East Central Alberta CFSA Board
Edmonton and Area CFSA Board
Metis Settlements CFSA Board
North Central Alberta CFSA Board
Northeast Alberta CFSA Board
Northwest Alberta CFSA Board
Southeast Alberta CFSA Board
Southwest Alberta CFSA Board
Alberta's Promise Executive Board
Appeal boards appointed under the Social
Care Facilities Licensing Act
Appeal committees established under the Family
Support for Children with Disabilities Act
Appeal panels established under the Child Care Licensing Act
Appeal panels established under the Child,
Youth and Family Enhancement Act
Family Support for Children with Disabilities
Multi-Disciplinary Assessment Committee
Premier's Council on Alberta's Promise
Provincial Parent Advisory Committee
Provincial Stakeholder Advisory Committee
Social Care Facilities Review Committee
Youth Secretariat
Culture and Community Spirit
Alberta Film Advisory Committee
Alberta Foundation for the Arts
Alberta Historical Resources Foundation
Alberta Human Rights and Citizenship Commission
Alberta Palaeontological Advisory Committee
Blackfoot Confederacy Advisory Committee on Museum Relations
Blackfoot Landscape Heritage Advisory Committee
Crowsnest Pass Historical Corridor Advisory Committee
Fort George and Buckingham House Advisory Board
Government House Foundation
Head-Smashed-In Buffalo Jump Interpretative
Centre Advisory Committee
Human Rights, Citizenship and Multiculturalism
Education Fund Advisory Board
Oil Sands Discovery Centre Advisory Committee
Premier's Council on Arts and Culture
Provincial Archives of Alberta Advisory Committee
Remington-Alberta Carriage Centre Advisory Board
Reynolds-Alberta Museum Advisory Board
Ukrainian Cultural Heritage Village Advisory Board
Victoria Settlement Advisory Committee
Wild Rose Foundation
Education
Attendance Board
Board of Reference
Certification Appeal Committee
Complainant Review Committee
Council on Alberta Teaching Standards
Practice Review Appeal Committee
Practice Review Panel
Setting the Direction for Special Education in
Alberta Steering Committee
Teachers' Pension Plans Board of Trustees (Alberta
Teachers' Retirement Fund)
Employment and Immigration
Appeal boards appointed under the Land Agents Licensing Act
Appeal panels appointed under the Widows' Pension Act
Appeal panels established under
section 47 of the
Income and Employment Supports Act
Appeal panels or Review Committees established under the
Recovery, Administrative Penalties and Appeals
Regulation (AR 381/2003)
Appeals Commission for the Alberta Workers'
Compensation Board
Board of Examiners (for Mines)
Construction industry disputes resolution tribunals
established under
section 191 of the Labour Relations Code
Disputes resolution tribunals appointed under
the Labour Relations Code
First Nations, Metis and Inuit Workforce Planning
Initiative Member of Legislative Assembly Committee
Joint First Aid Training Standards Board
Labour Relations Board
Land Agent Advisory Committee
Medical panels established under the Workers' Compensation Act
Multi-sector advisory council, if one or more is established under
the Labour Relations Code
Occupational Health and Safety Council
Office of the Medical Panel Commissioner
Public Emergency Tribunal under the Burial of the Dead Act
Radiation Health Advisory Committee
Training Provider Compliance and Administrative
Penalties Appeal Committee
Workers' Compensation Board
Energy
Advancing Energy Literacy in Alberta -
External Advisory Committee
Alberta Energy and Utilities Board
Alberta Petroleum Marketing Commission
Alberta Utilities Commission
Electric Utilities Act Advisory Committee
Energy Resources Conservation Board
Freehold Mineral Rights Tax Appeal Board
Environment
Baseline Well Water Scientific Review Panel
Buffalo Lake Management Committee
Drainage Council
Environmental Appeals Board
Finance and Enterprise
Alberta Capital Finance Authority
Alberta Economic Development Authority
Alberta Insurance Council
Alberta Local Authorities Pension Plan Corporation
Alberta Pensions Services Corporation
Alberta Securities Commission
Alberta Securities Commission Policy Advisory Committee
Automobile Insurance Rate Board
Local Authorities Pension Plan Board of Trustees
Locked-In Account Advisory Committee
Management Employees Pension Board
Nominating committee established under the
Alberta Investment Management Corporation
Regulation (AR 225/2007)
Northern Alberta Development Council
Public Service Pension Board
Regulatory Review Secretariat
Special Forces Pension Board
Health and Wellness
Acupuncture Board of Examiners
Acupuncture Committee
Alberta Advisory Committee on AIDS and Sexually
Transmitted Infection
Alberta Expert Review Panel for Blood Borne
Infections in Health Care Workers
Alberta Health and Wellness Nomination Review Panel
Alberta Health Facilities Review Committee
Alberta Health Services
Board of Examiners in Podiatry
Claims Reassessment Advisory Committee Roster
Expert Committee on Drug Evaluation and Therapeutics
Eyecare Disciplines Advisory Committee
Health Disciplines Board
Health Professions Advisory Board
Health Quality Council of Alberta
Hospital Privileges Appeal Board
Midwifery Health Disciplines Committee
MS Drug Review Panel
Out-of-Country Health Services Appeal Panel
Out-of-Country Health Services Committee
Policy Advisory Committee on Blood Services
Premier's Advisory Council on Health
Provincial Electronic Health Record Data Stewardship Committee
Public Health Appeal Board
Review panels appointed under the Mental Health Act
Housing and Urban Affairs
Alberta Secretariat for Action on Homelessness
Alberta Social Housing Corporation
Appeal boards appointed under the Social Care Facilities Licensing
Act
Community Development Advisory Board
Justice
Alberta Review Board
Fatality Review Board
Notaries Public Review Committee
Provincial Court Nominating Committee
Municipal Affairs
Municipal Government Board
Safety Codes Council
Seniors and Community Supports
Alberta Aids to Daily Living and Extended Health
Benefits Appeal Panels
Appeal boards appointed under the Social Care
Facilities Licensing Act
Appeal panels appointed under the Seniors Benefit Act
Appeal panels established under the Assured Income
for the Severely Handicapped Act
Persons with Developmental Disabilities Appeal Panel
Persons with Developmental Disabilities
Calgary Region Community Board
Persons with Developmental Disabilities
Central Region Community Board
Persons with Developmental Disabilities
Edmonton Region Community Board
Persons with Developmental Disabilities
Northeast Region Community Board
Persons with Developmental Disabilities
Northwest Region Community Board
Persons with Developmental Disabilities
South Region Community Board
Premier's Council on the Status of Persons with Disabilities
Seniors Advisory Council for Alberta
Service Alberta
Cemeteries Act appeal boards
Fair Trading Act appeal boards
Funeral Services Act appeal boards
Utilities Consumer Advocate Advisory Board
Solicitor General and Public Security
Appeal Tribunal appointed under the Horse Racing Alberta Act
Criminal Injuries Review Board
Law Enforcement Review Board
Victims of Crime Program Committee
Sustainable Resource Development
Endangered Species Conservation Committee
Land Compensation Board
Natural Resources Conservation Board
Surface Rights Board
Tourism, Parks and Recreation
Alberta Sport, Recreation Parks and Wildlife Foundation
Strategic Tourism Marketing Council
Travel Alberta
Transportation
Alberta Transportation Safety Board
Treasury Board
Advisory Committee on Alternative Capital Financing
Provincial Audit Committee
Schedule 2
Provincial entities that are not prescribed
Provincial entities for the purposes of the Act
Provincial entities not listed in
Schedule 1 are not prescribed
Provincial entities for the purposes of the Act and include the
following:
Finance and Enterprise
Alberta Treasury Branches
ATB Insurance Advisors Inc.
ATB Investment Management Inc.
ATB Investment Services Inc.
ATB Securities Inc.
Credit Union Deposit Guarantee Corporation
Gainers Inc.
N.A. Properties
(1994) Inc.
Solicitor General and Public Security
Alberta Gaming and Liquor Commission
Schedule 3
Members of Provincial Entities to whom
the Act does not apply
The Act does not apply to the members of the following Provincial
entities when the members are acting in their official capacity:
Alberta Investment Management Corporation
Alberta Non-Profit/Voluntary Sector Initiative
Collaboration Committee
Reclamation Criteria Advisory Committee
Setting the Direction for Special Education in
Alberta Steering Committee
Strategic Transportation Advisory Committee
Vermilion River Water Management Systems
Operations Advisory Committee
--------------------------------
Alberta Regulation 248/2009
Traffic Safety Act
SERVICE RESTRICTION AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Minister of Transportation (M.O. 21/09) on
September 14, 2009 pursuant to
section 64 of the Traffic Safety Act.
1 The Service Restriction Regulation (AR 321/2002) is
amended by this Regulation.
Section 1(
d) is repealed and the following is substituted:
(
d) sections 22 and 23 of the Highways Development and
Protection Act;
Section 3 is amended by striking out "September 30, 2009"
and substituting "September 30, 2012".
Section 2 comes into force on the coming into force of
sections 22 and 23 of the Highways Development and
Protection Act.
--------------------------------
Alberta Regulation 249/2009
Special Areas Act
APPLICATION OF PUBLIC LANDS ACT AMENDMENT REGULATION
Filed: September 15, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 448/2009)
on September 14, 2009 pursuant to
section 5 of the Special Areas Act.
1 The Application of Public Lands Act Regulation
(AR 310/2003) is amended by this Regulation.
Section 1 is amended
(
a) by striking out "47.1,";
(
b) by striking out "62.1, 81(1.1),".
Section 3 is amended by striking out "September 30, 2009"
and substituting "September 30, 2014".