THE ALBERTA GAZETTE,

PART II, JANUARY 31, 1997

Alberta Regulation 1/97

Mines and Minerals Act

PRESCRIBED AMOUNTS (PETROLEUM ROYALTY)

AMENDMENT REGULATION

Filed: January 6, 1997

Made by the Deputy Minister of Energy (M.O. 39/96) pursuant to

section 1.1

of the Petroleum Royalty Regulation (Alta. Reg. 248/90).

1 The Prescribed Amounts (Petroleum Royalty) Regulation (Alta. Reg.

47/93) is amended by this Regulation.

Section 51 is amended by adding the following after clause (d):

(d.1) the new oil par price is $182.35 per cubic metre;

3 The following is added after

section 51:

52 The following are prescribed for the month of February, 1997:

(

a) the old non-heavy oil par price is $196.47 per

cubic metre;

(

b) the old heavy oil par price is $157.15 per cubic

metre;

(

c) the new non-heavy oil par price is $196.47 per

cubic metre;

(

d) the new heavy oil par price is $157.15 per cubic

metre;

(

e) the third tier non-heavy oil par price is $196.47

per cubic metre;

(

f) the third tier heavy oil par price is $157.15 per

cubic metre;

(

g) the old non-heavy oil royalty factor is 3.077387;

(

h) the old heavy oil royalty factor is 3.197473;

(

i) the new non-heavy oil royalty factor is 3.223095;

(

j) the new heavy oil royalty factor is 2.885363;

(

k) the third tier non-heavy oil royalty factor is

3.262629;

(

l) the third tier heavy oil royalty factor is

3.342805;

(

m) the old non-heavy oil select price is $26.36 per

cubic metre;

(

n) the old heavy oil select price is $26.36 per cubic

metre;

(

o) the new non-heavy oil select price is $83.99 per

cubic metre;

(

p) the new heavy oil select price is $56.65 per cubic

metre;

(

q) the third tier non-heavy oil select price is

$120.55 per cubic metre;

(

r) the third tier heavy oil select price is $120.55

per cubic metre;

(

s) the adjustment factor for old non-heavy oil is

1.047000;

(

t) the adjustment factor for old heavy oil is

1.046039.

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Alberta Regulation 2/97

Apprenticeship and Industry Training Act

APPRENTICESHIP PROGRAM AND CERTIFICATE

RECOGNITION AMENDMENT REGULATION

Filed: January 9, 1997

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Apprenticeship Program and Certificate Recognition Regulation

(Alta. Reg. 1/92) is amended by this Regulation.

2 The title of the Regulation is amended by striking out "CERTIFICATE

RECOGNITION" and substituting "CERTIFICATION".

Section 24 is repealed and the following is substituted:

Content and results of exams

24 The Board may, after consulting with the applicable provincial

apprenticeship committee,

(

a) set or recognize one or more examinations to be

taken under

section 8, 10 or 23 or an apprenticeship program, and

(

b) determine what constitutes the successful

completion of an examination.

Section 25(1) is amended by striking out "or 32".

Section 26 is amended by striking out "21(2) or 22(2)" and substituting

"21(2)(

a) or 22(2)(a)".

6 The heading to

Part 2 is repealed and the following is substituted:

PART 2

OTHER PROCEDURES FOR

OBTAINING CERTIFICATES

Division 1

Recognition of Other Certificates,

Documents and Training

Section 32 is amended

(

a) by repealing subsections (4) and (5);

(

b) in subsection (6) by striking out "under subsection (4)" and

substituting "that have been set or recognized by the Board under this

Part".

8 The following is added after

section 32:

Division 2

Qualification Certificate Program

Exception

32.1 Notwithstanding anything in this Regulation, a person may, in

accordance with this Part, qualify to be granted a trade certificate in a

designated trade under

section 21(2)(

b) or 22(2)(

b) of the Act without

completing or entering into an apprenticeship program in that designated

trade.

Prescribed time in the trade

32.2 Where a trade regulation prescribes a term of apprenticeship

that must be completed in order for a person to complete an apprenticeship

program in that trade, the amount of time spent working in that trade that

must be completed by a person for the purposes of

section 32.4 is 1.5 times

the total amount of time required to complete the term of apprenticeship

prescribed under that trade regulation.

Prescribed hours of on the job training

32.3 Where a trade regulation prescribes a number of hours of on

the job training that must be completed in order for a person to complete

an apprenticeship program in that trade, the number of hours of on the job

training or work experience that must be completed by a person in respect

of that trade for the purposes of

section 32.4 is 1.5 times the total

number of hours of on the job training prescribed under that trade

regulation.

Trade certificate

32.4 A person who does not hold a trade certificate in a designated

trade may be granted a trade certificate in that trade if that person

(

a) establishes to the satisfaction of the Executive

Director that the person has, in respect of that trade,

(

i) worked in the trade for the total

amount of time provided for under

section 32.2, and

(ii) completed the total number of hours of

on the job training or work experience provided for under

section 32.3,

and

(

b) has successfully completed to the satisfaction of

the Board one or more examinations that are set or recognized by the Board.

Division 3

Examinations

Setting of examinations

32.5 The Board may, after consulting with the applicable provincial

apprenticeship committee,

(

a) set or recognize one or more examinations to be

taken by an applicant under this Part, and

(

b) determine what constitutes the successful

completion of an examination.

Appeal of examination results

32.6(1) A person who is dissatisfied with the results attained on an

examination taken or recognized under this Part may, within 30 days after

receipt of the results, apply in writing to the Executive Director for a

review of the results of the examination.

(2) When the Executive Director receives an application under

subsection (1), the Executive Director shall arrange to have the

examination or the results of the examination reviewed.

(3) The Executive Director shall, within 30 days of receiving an

application for a review, notify the applicant in writing of the

determination of the review.

Alberta Regulation 3/97

School Act

REGIONAL DIVISION WARD REGULATION

Filed: January 15, 1997

Made by the Minister of Education (M.O. 004/97) pursuant to

section

225(5)(

b) of the School Act.

Holy Trinity wards

1 The Holy Trinity Roman Catholic Regional Division No. 36 is divided

into the following wards:

(

a) the geographical area comprising the jurisdiction of The

Whitecourt Roman Catholic Separate School District No. 94;

(

b) the geographical area comprising the jurisdiction of The

Westlock Roman Catholic Separate School District No. 110;

(

c) the geographical area comprising the jurisdiction of The Slave

Lake Roman Catholic Separate School District No. 364.

Holy Family wards

2 The Holy Family Catholic Separate Regional Division No. 37 is divided

into the following wards:

(

a) the geographical area comprising the jurisdiction of The High

Prairie Roman Catholic Separate School District No. 56;

(

b) the geographical area comprising the jurisdiction of The

McLennan Roman Catholic Separate School District No. 30;

(

c) the geographical area comprising the jurisdiction of The

Valleyview Roman Catholic Separate School District No. 84;

(

d) the geographical area comprising the jurisdiction of The North

Peace Roman Catholic Separate School District No. 43.

St. Thomas Aquinas wards

3 The St. Thomas Aquinas Roman Catholic Separate Regional Division No. 38

is divided into the following wards:

(

a) the geographical area comprising the jurisdiction of The Leduc

Roman Catholic Separate School District No. 132;

(

b) the geographical area comprising the jurisdiction of The

Wetaskiwin Roman Catholic Separate School District No. 15;

(

c) the geographical area comprising the jurisdiction of The Ponoka

Roman Catholic Separate School District No. 95;

(

d) the geographical area comprising the jurisdiction of The

Drayton Valley Roman Catholic Separate School District No. 111.

Expiry

Expiry

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

ongoing relevancy and necessity, with the option that it may be re-passed

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

expires on December 31, 2001.

Coming into Force

Coming into force

5(1)

Section 1 comes into force on January 15, 1997.

(2) Sections 2 and 3 come into force on September 1, 1997.

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

Alberta Regulation 4/97

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 10/97) pursuant to

section

13 of the Assured Income for the Severely Handicapped Act.

1 The Assured Income for the Severely Handicapped Regulation (Alta. Reg.

331/79) is amended by this Regulation.

Schedule 1 is amended in

section 1

(

a) by adding the following after clause (c):

(c.1) a payment of the family employment tax credit under

the Alberta Income Tax Act;

(

b) by repealing clause (

l) and substituting the following:

(

l) the first $200 of monthly income received on behalf

of each dependent child, excluding income exempted by any other clause in

this section;

(

c) by adding the following after clause (s):

(

t) up to and including $50 per person per month

received as gifts to mark social occasions, and up to and including $50 per

month received on behalf of each dependent child as gifts to mark social

occasions.

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

Alberta Regulation 5/97

Social Development Act

SOCIAL ALLOWANCE AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 11/97) pursuant to

section

30 of the Social Development Act.

1 The Social Allowance Regulation (Alta. Reg. 213/93) is amended by this

Regulation.

Section 7 is amended by adding the following after clause (c):

(c.1) a payment of the family employment

tax credit under the Alberta Income

Tax Act 100% exempt

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

Alberta Regulation 6/97

Widows' Pension Act

WIDOWS' PENSION AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 12/97) pursuant to

section

10 of the Widows' Pension Act.

1 The Widows' Pension Regulation (Alta. Reg. 166/83) is amended by this

Regulation.

Section 2 is amended

(

a) by adding the following after clause (g.1):

(g.2) a payment of the family employment tax credit under

the Alberta Income Tax Act;

(

b) by adding the following after clause (u):

(

v) up to and including $50 per month received as gifts

to mark social occasions.

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

Alberta Regulation 7/97

Financial Administration Act

ALBERTA FOUNDATION FOR MEDICAL RESEARCH

EXEMPTION AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 13/97) pursuant to

sections 2 and 80.1 of the Financial Administration Act.

1 The Alberta Foundation for Medical Research Exemption Regulation (Alta.

Reg. 266/96) is amended by this Regulation.

2 The title is amended by adding "HERITAGE" before FOUNDATION.

Section 1 is amended

(

a) by striking out "Alberta Foundation for Medical Research" and

substituting "Alberta Heritage Foundation for Medical Research";

(

b) by striking out "80.1(4)" and substituting "80.1(1) and (4)".

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

Alberta Regulation 8/97

Fuel Tax Act

FUEL TAX AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 14/97) pursuant to

section

39 of the Fuel Tax Act.

1 The Fuel Tax Regulation (Alta. Reg. 388/87) is amended by this

Regulation.

Section 1 is amended

(

a) by repealing clause (c);

(

b) by adding the following after clause (c):

(c.1) "dependant" means in relation to any person

(

i) a spouse or common-law spouse of the

person,

(ii) an unmarried child under 21 years of

age who is wholly dependent on that person for support, or

(iii) an unmarried child under 25 years of

age who is in full-time attendance at an accredited educational

institution;

(c.2) "distributor" means a seller of liquid petroleum

gas who delivers liquid petroleum gas that the distributor has sold to

retailers;

(

c) in clause (d)(ii) by striking out "calendar year" and

substituting "12 months";

(

d) by repealing clause (e)(viii) and substituting the following:

(viii) the renting out by a lessor of farm land,

buildings, livestock, vehicles, machinery or other asset;

Section 1.01(2) is amended by striking out "May 24, 1997" and

substituting "April 1, 1998".

Section 1.1 is amended

(

a) in subsection (1)(

b) by adding ", consumed by the farmer or the

farmer's dependants" after "inventory";

(

b) in subsection (2) by striking out "3 calendar years as the

basis for determining that person's gross revenue for each of the 3 years"

and substituting "36 months as the basis for determining that person's

gross revenue for each of the 12 months therein".

Section 2 is amended

(

a) in subsection (1) by adding "so that it is received by the

Provincial Treasurer" after "in an accounting period";

(

b) in subsection (2) by adding "so that it is received by the

Provincial Treasurer" after "Act";

(

c) in subsection (3) by striking out "sections" and substituting

"clauses so that it is received by the Provincial Treasurer";

(

d) by repealing subsection (4) and substituting the following:

(4) A consumer referred to in

section 2(1)(

d) of the Act

shall, in respect of each calendar quarter, determine the tax payable on

the difference obtained when the amount of fuel oil the consumer purchased

in Alberta is subtracted from the amount of fuel oil the consumer consumed

in Alberta and shall remit that tax payable not later than one month after

the end of the quarter.

(

e) by repealing subsection (6).

Section 3(

a) is repealed and the following is substituted:

(

a) designate any person as an agent-dealer or agent-collector, and

7 The following is added after

section 4:

Registrations

4.1(1) A person to whom

section 2.1(1) of the Act applies shall

register with the Provincial Treasurer in a form provided by the Provincial

Treasurer and shall provide such information as the Provincial Treasurer

requires.

(2) A retailer of liquid petroleum gas who will be applying for

refunds under

section 6.3(1) shall register the locations at which the

retailer sells to a consumer liquid petroleum gas on which there is no tax

payable under the Act.

(3) A seller shall register each location at which the seller sells

or offers for sale aviation fuel, fuel oil or liquid petroleum gas that is

exempt from tax under

section 12.1.

Section 5(2) is amended by adding "aviation fuel," before

"fuel oil".

9 Sections 6 and 7 are repealed and the following is substituted:

Refunds - uncollectible debt

6(1) In this

section and sections 6.1 and 6.2, "agent" means an

agent-collector or independent bulk dealer, as the case may be.

(2) If an agent has sold fuel on credit to a seller and all or a

portion of the debt in respect of the sale of that fuel becomes

uncollectible, the agent may apply to the Provincial Treasurer for a refund

of any tax remitted in respect of that sale of fuel.

(3) On receipt of an application for a refund referred to in

subsection (2), the Provincial Treasurer may refund an amount in accordance

with the following formula:

where

A is the amount of the uncollectible debt at the time

of the application for the refund;

B is the original amount of the debt arising on the

sale;

C is the amount of tax that has been remitted to the

Provincial Treasurer relating to the sale.

(4) For purposes of this section, a debt is not an uncollectible

debt unless the agent has made all efforts to collect the debt that would

reasonably be made by a creditor who is dealing at arm's length with a

debtor and

(

a) if the debt is owed by a seller who is in

receivership or bankruptcy, a claim has been filed by the agent in respect

of the debt with the receiver or the trustee in bankruptcy, as the case may

be, or

(

b) the debt has been identified as one to be claimed

by the seller under paragraph 20(1)(

p) of the Income Tax Act (Canada) in

the calculation of the seller's income for a year for purposes of that Act.

Refunds - miscellaneous

6.1 The Provincial Treasurer, on receipt of an application from an

agent or retailer, with respect to fuel for which tax has been remitted,

may grant a refund of the tax with respect to fuel

(

a) that was delivered to a consumer outside Alberta,

(

b) that has been destroyed or stolen, or

(

c) that is unsaleable due to contamination.

Refund - application

6.2(1) An application for a refund under sections 6 and 6.1

(

a) shall be in a form provided by the Provincial

Treasurer, and

(

b) must be received by the Provincial Treasurer within

90 days of the day on which,

(

i) in the case of a refund referred to in

section 6, the agent first becomes aware of the receivership or bankruptcy

or first identifies the debt as one described in

section 6(4)(b), whichever

is earlier, or

(ii) in the case of a refund referred to in

section 6.1, the agent or retailer, as the case may be, first becomes aware

of the circumstances referred to in

section 6.1 that entitle the agent or

retailer to a refund.

(2) The Provincial Treasurer may, with respect to an application for

a refund under sections 6 and 6.1, request additional evidence establishing

entitlement to the refund.

(3) An agent or retailer, as the case may be, shall, within 30 days

after first becoming aware of circumstances that entitle that person to a

refund, report those circumstances in writing to the Provincial Treasurer.

(4) Even if an applicant for a refund does not comply with

subsection (3), the Provincial Treasurer may grant the refund if, in the

Provincial Treasurer's opinion, the failure to comply does not prevent the

Provincial Treasurer from collecting the tax from another person.

LPG refunds

6.3(1) If, in a period, a seller sells to a consumer liquid

petroleum gas on which there is no tax payable by the consumer, the seller

may apply to the Provincial Treasurer for a refund of an amount by which

the amount of tax collected from the seller on deliveries of liquid

petroleum gas to the seller in that period exceeds the amount of tax

collected by the seller on liquid petroleum gas from consumers in that

period.

(2) An application for a refund under this

section must

(

a) be made using electronic media of a type or class

specified in writing by the Provincial Treasurer in accordance with

instructions specified in writing by the Provincial Treasurer, and

(

b) be made no more frequently than weekly.

(3) Notwithstanding subsection (2)(a), the Provincial Treasurer may

accept an application for a refund that is in a paper form authorized by

the Provincial Treasurer.

(4) The Provincial Treasurer may,

(

a) at any time, require information from a seller

about the seller's purchases and sales of liquid petroleum gas, and

(

b) with respect to a particular application for a

refund under this section, request additional evidence establishing the

seller's entitlement to the refund.

(5) The Provincial Treasurer shall, as soon as possible, review the

application for a refund under this

section and shall, as soon as possible,

make the refund, unless the Provincial Treasurer is of the opinion that the

quantity of non-taxable sales of liquid petroleum gas reported by the

seller is unreasonable in the circumstances.

(6) If the Provincial Treasurer refuses to refund all or a portion

of a refund for which application is made under this section, the

Provincial Treasurer shall immediately notify the applicant of the amount

the Provincial Treasurer refuses to refund and the reasons for the refusal.

Marked fuel certificates

7(1) A person who wishes to purchase marked fuel at the reduced

price in accordance with

section 8(4) of the Act shall apply to the

Provincial Treasurer in a form provided by the Provincial Treasurer for a

certificate identifying the person as one who is entitled to purchase

marked fuel at the reduced price.

(2) A person who wishes to have marked fuel in his possession for a

purpose described in

section 5(1) of the Act shall apply to the Provincial

Treasurer in a form provided by the Provincial Treasurer for a certificate

identifying the person as one who is entitled to have marked fuel in his

possession.

(3) A person may not apply for a certificate under either subsection

(1) or (2) if the person already holds, or has made application for, the

certificate described in the other subsection.

(4) If, after review of an application under subsection (1) or

(2) and of any further information the Provincial Treasurer requires, the

Provincial Treasurer is satisfied that the applicant is eligible to receive

a certificate, the Provincial Treasurer shall issue a certificate

containing an approval number.

(5) A certificate issued under subsection (1) to a person is also a

certificate that identifies that person as a person who is entitled to be

in possession of marked fuel for the purposes of

section 5(1)(a)(

v) of the

Act.

(6) A certificate expires on the earliest of

(

a) the expiry date shown on the certificate,

(

b) in the case of a certificate to which subsection

(1) applies, the date the person to whom it was issued ceases to actively

and directly carry on farming operations in Alberta,

(

c) in the case of a certificate to which subsection

(2) applies, the date the person to whom it was issued ceases to conduct

activities described in

section 5(1) of the Act, and

(

d) the date the certificate is cancelled by the

Provincial Treasurer.

(7) The Provincial Treasurer may, where the Provincial Treasurer

considers it appropriate to do so, extend the expiry date referred to in

subsection (6)(

a) with respect to a certificate or any class or classes of

certificate and, in that case, shall take whatever steps the Provincial

Treasurer considers appropriate to give notice of the extension to those

affected by it.

(8) The Provincial Treasurer may amend an approval number at any

time on notice to the holder of the certificate and, on amendment, the

previous approval number ceases to have any force or effect.

(9) The Provincial Treasurer may cancel a certificate if

(

a) the person to whom it was issued requests that it

be cancelled, or

(

b) it is the opinion of the Provincial Treasurer that

the person to whom the certificate was issued has contravened the Act or

this Regulation.

(10) The Provincial Treasurer shall give written notice of the

cancellation of a certificate under subsection (9)(

b) to the person to whom

the certificate was issued.

Approval numbers

7.1(1) A seller of marked fuel shall record the approval numbers of

the seller's customers and retain those numbers and make them available for

inspection under the Act.

(2) The evidence required for the purposes of

section 7(2)(

a) of the

Act is

(

a) an approval number contained on a certificate

issued under

section 7(1) or (2) of this Regulation, or

(

b) evidence that an application for a certificate was

submitted to the Provincial Treasurer not more than 30 days before the date

of the sale referred to in

section 7(2) of the Act.

(3) The evidence required for the purposes of

section 10(1)(

a) of

the Act is

(

a) an approval number contained on a certificate

issued under

section 7(1) of this Regulation, or

(

b) evidence that an application for a certificate was

submitted to the Provincial Treasurer not more than 30 days before the date

of the sale referred to in

section 7(2) of the Act.

Section 8(1) is amended by striking out "agent-dealers and officers"

and substituting "a person".

Section 9 is repealed and the following is substituted:

Amount of allowance

9 With respect to marked fuel delivered to a consumer on or after

February 25, 1994, the amount of the farm fuel distribution allowance is,

in the case of diesel fuel and heating oil, 6 cents per litre.

Section 10 is repealed.

Section 11 is repealed and the following is substituted:

Grant instead of allowance

11(1) An application for a grant under

section 8(6) of the Act

(

a) must be in a form provided by the Provincial

Treasurer,

(

b) may not be made more frequently than every 3

months, and

(

c) may relate only to fuel oil purchased while the

applicant

(

i) held a certificate described in

section

7(1), or

(ii) held a certificate described in

section

7(2) and was directly and actively carrying on farming operations in

Alberta.

(2) The Provincial Treasurer may, with respect to an application,

request additional evidence establishing

(

a) the unavailability of marked fuel, and

(

b) that the fuel oil was used for farming operations

in Alberta.

Section 12.2(2) and (3) are repealed and the following is substituted:

(2) The Provincial Treasurer shall issue an identification card to

an Indian if satisfied that the Indian is 16 years of age or older.

(3) The Provincial Treasurer shall issue an identification card to

an Indian band if all or a part of the reserve of the Indian band is in

Alberta.

Section 12.3 is repealed and the following is substituted:

Vouchers and reports

12.3(1) A seller of aviation fuel or fuel oil who is not an

agent-collector and who makes sales that are exempt from tax under

section

12.1 shall, not more frequently than weekly,

(

a) if required by the Provincial Treasurer, forward to

the Provincial Treasurer the vouchers completed for those sales together

with an application, in the form provided by the Provincial Treasurer, for

a refund of an amount of tax that the seller has remitted in relation to

those sales, or

(

b) otherwise, forward to an agent-collector the

vouchers completed for those sales together with a report in a form

provided by the Provincial Treasurer.

(2) An agent-collector shall, when remitting tax collected, forward

to the Provincial Treasurer

(

a) any vouchers and reports received by the

agent-collector under subsection (1)(b), and

(

b) in respect of sales of aviation fuel and fuel oil

made by the agent-collector that are exempt from tax under

section 12.1,

the vouchers completed for those sales together with a report in a form

provided by the Provincial Treasurer.

(3) A seller of liquid petroleum gas who makes sales that are exempt

from tax under

section 12.1 shall, not more frequently than weekly, forward

to the Provincial Treasurer the vouchers completed for those sales together

with an application, in the form provided by the Provincial Treasurer, for

a refund of the amount of tax that the seller has remitted in relation to

those sales.

(4) The Provincial Treasurer shall, as soon as possible, review the

application submitted to the Provincial Treasurer under subsection (1)(

a) or (3) and shall, as soon as possible, make the refund if the Provincial

Treasurer is satisfied that

(

a) the amount of the refund is supported by the

vouchers submitted with the application, and

(

b) none of the sales were for resale.

(5) If the Provincial Treasurer refuses to refund all or a portion

of a refund for which application is made, the Provincial Treasurer shall

immediately notify the applicant of the amount the Provincial Treasurer

refuses to refund and the reasons for the refusal.

Section 13 is repealed and the following is substituted:

Interest

13 Interest that is payable under

section 14 of the Act on an

amount owing under the Act is simple interest at the rate prescribed for

the purposes of

section 39 of the Alberta Corporate Tax Act.

Section 14(1) and (2) are repealed and the following is substituted:

Keeping records

14(1) A seller of aviation fuel, fuel oil, liquid petroleum gas or

marked fuel shall

(

a) keep complete and accurate records of

(

i) transactions in aviation fuel, fuel

oil, liquid petroleum gas or marked fuel showing separately the amount in

litres of each type and grade of aviation fuel, fuel oil, liquid petroleum

gas or marked fuel,

(ii) the number of litres of aviation fuel,

fuel oil, liquid petroleum gas or marked fuel in stock at the end of each

month,

(iii) the number of litres of aviation fuel,

fuel oil, liquid petroleum gas or marked fuel sold, and

(iv) the number of litres of aviation fuel,

fuel oil, liquid petroleum gas or marked fuel, if any, used by the seller

for the seller's own personal purposes,

and

(

b) keep accurate and complete records on a daily basis

of the amount in litres of each type and grade of aviation fuel, fuel oil,

liquid petroleum gas or marked fuel that the seller

(

i) produces,

(ii) transfers to or from an agent-dealer by

buying, selling or exchanging it or by making any other transaction with

respect to it,

(iii) delivers outside Alberta, or

(iv) colours or identifies as marked fuel.

(1.1) A distributor of liquid petroleum gas shall keep complete and

accurate records of the number of litres of liquid petroleum gas that the

distributor sells to each of the distributor's retail customers and that

are delivered to each of his own retail locations.

(1.2) A seller of liquid petroleum gas who is registered under

section 4.1(2) shall keep daily records of the number of litres of liquid

petroleum gas that the seller dispenses from a dispensing system that is

used to dispense liquid petroleum gas that is sold for use as motive fuel.

(2) A railway company and an interjurisdictional carrier shall keep

complete and accurate records of

(

a) its purchases of fuel oil in Alberta,

(

b) its inventory of fuel oil in Alberta,

(

c) the distances travelled by its locomotives or

public vehicles, as the case may be, and

(

d) the fuel oil used by its locomotives or public

vehicles, as the case may be.

Section 16 is repealed and the following is substituted:

Returns

16(1) An agent-collector and an agent-dealer shall, in respect of

operations in each accounting period, submit to the Provincial Treasurer a

return in a form provided by the Provincial Treasurer so that it is

received by the Provincial Treasurer not later than 28 days after the end

of the accounting period.

(2) Subsection (1) does not apply to an agent-collector who

(

a) is an agent-collector in respect of liquid

petroleum gas only,

(

b) produces liquid petroleum gas, and

(

c) in the accounting period, has no transactions in

which tax is required to be collected.

(3) A railway company shall, in respect of fuel oil purchased in

Alberta and fuel oil used by its locomotives during each month, submit to

the Provincial Treasurer a return in a form provided by the Provincial

Treasurer so that it is received by the Provincial Treasurer no later than

28 days after the end of the month.

(4) An interprovincial carrier shall, in respect of fuel oil

purchased in Alberta and fuel oil consumed by its public vehicles during

each calendar quarter, submit to the Provincial Treasurer a return in a

form provided by the Provincial Treasurer no later than one month after the

end of the quarter.

(5) A person, other than an agent-collector, who imports fuel oil

into Alberta or exports fuel oil out of Alberta shall submit, not later

than 7 days after the import or export occurs, a return in the form

provided by the Provincial Treasurer that sets out the particulars of the

import or export.

Section 17 is repealed.

Section 18(1) is amended by adding "in which the bulk dealer sells

marked fuel to eligible consumers" after "calendar year".

Section 7, as it relates to

section 4.1(2),

section 9, as it relates

section 6.3, and sections 17, 18, and 19 are deemed to have come into

force on January 1, 1997.

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

Alberta Regulation 9/97

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 15/97) pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans Act.

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

this Regulation.

Part 1 of

Schedule 2 is amended by adding the following body to the

list in that

Part in its appropriate alphabetical order:

Grand Prairie Ambulance Service

3 This Regulation comes into force on January 27, 1997.

Alberta Regulation 10/97

Securities Act

SECURITIES AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 16/97) pursuant to

section

196 of the Securities Act.

1 The Securities Regulation (Alta. Reg. 115/95) is amended by this

Regulation.

2 The

Schedule is amended in accordance with sections 3 to

Section 2 is amended

(

a) in clause (

b) by striking out "$300" and substituting "$250";

(

b) in clause (

c) by striking out "$350" and substituting "$250";

(

c) by repealing clauses (d), (

e) and (f).

Section 3 is amended

(

a) by repealing subsection (1) and substituting the following:

3(1) Subject to subsection (2), every preliminary or pro forma

prospectus filed shall be accompanied by a fee in the aggregate amount of

(i) $1000 for each issuer, and

(ii) $1000 where there is one or more selling security

holders

whose securities may be distributed under the prospectus.

(

b) by repealing subsection (3).

Section 4 is amended

(

a) in subsection (1)(

b) by striking out "0.03%" and substituting

"0.025%";

(

b) by repealing subsection (2)(d)(

i) and (ii) and substituting the

following:

(

i) in the case of a money market mutual fund, 0.02% of

the net proceeds,

(ii) in the case of any other mutual fund, 0.02% of the

gross proceeds, or

(iii) in any other case, 0.025% of the gross proceeds

Section 5(1) is repealed and the following is substituted:

5(1) Subject to subsection (2), every Form 20 filed shall be

accompanied by a fee equal to $100 and the amount, if any, by which

(

a) in the case of a money market mutual fund, 0.02% of

the net proceeds,

(

b) in the case of any other mutual fund, 0.02% of the

gross proceeds, or

(

c) in any other case, 0.025% of the gross proceeds

realized in Alberta by the issuer or selling security holder from

the distribution in respect of which the Form 20 is filed exceeds $100.

Section 6 is amended

(

a) in subsection (1) by striking out "$1000" and substituting

"$500";

(

b) in subsection (2)(b)

(

i) by striking out "0.03%" and substituting "0.025%";

(ii) by striking out "$1000" and substituting "$500".

Section 7 is amended by adding "or" at the end of clause (a), by

striking out ", or" at the end of clause (

b) and by repealing clause (c).

Section 14(4) is repealed.

Section 17 is repealed and the following is substituted:

17 No fee is payable for certifying a statement referred to in

section 189 of the Act.

Section 20 is amended by striking out "$300" and substituting "such

amount, not exceeding $300, as the Commission decides to charge".

Section 21 is repealed.

Section 22 is repealed and the following is substituted:

22 Every application to the Commission under the Business

Corporations Act shall be accompanied by a fee of $300.

14 This Regulation comes into force on April 1, 1997.

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

Alberta Regulation 11/97

Wildlife Act

CAPTIVE WILDLIFE AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 19/97) pursuant to

sections 15 and 96 of the Wildlife Act.

1 The Captive Wildlife Regulation (Alta. Reg. 51/87) is amended by this

Regulation.

2 Sections 1(1)(

d) and 3(1)(

c) are repealed.

Section 7(1)(

b) is repealed and the following is substituted:

(

b) that was collected from the wild in a jurisdiction outside

Alberta and that was imported under an import permit, unless the Minister

is satisfied that that jurisdiction authorized its exportation from that

jurisdiction.

Section 9(1) is amended

(

a) by striking out "animal training centre permit" and

substituting "a wildlife rehabilitation permit";

(

b) by striking out "animal training centre," and substituting "a

wildlife rehabilitation facility,";

(

c) by repealing clauses (

a) and (

b) and substituting the

following:

(

a) land within a Metis settlement, or

(

b) other land that is not public land as defined under

the Public Lands Act.

5 The following is added after

section 9:

Activity authorized by wildlife rehabilitation permit

9.1 A wildlife rehabilitation permit authorizes the holder to

possess live wildlife in accordance with a plan approved in relation to

such a permit pursuant to

section

Section 11 is amended

(

a) in subsection (1)

(

i) by repealing clause (a);

(ii) in clause (b)

(

A) by striking out "sell or otherwise";

(

B) by adding "an operator or with" after

"with";

(iii) in clause (

c) by adding "or authorized by virtue of

the application of

section 30(8), (9) or (10) of the General Wildlife

Regulation (Alta. Reg. 50/87) creating an exemption from or the

non-application of

section 61(1) of the Act" after "or (b)";

(

b) in subsection (3) by striking out "the authorization referred

to in" and substituting "an authorization for the purposes of".

Section 12 is amended by striking out "or animal training centre

permit" wherever it occurs.

8 Sections 15(

a) and 16(

a) are amended by striking out "privately owned

land" and substituting "land within a Metis settlement or any other land

that is not public land as defined under the Public Lands Act, that is".

Schedule 1 is amended by repealing item 15 and substituting the

following:

15 Wildlife rehabilitation permit Free

Alberta Regulation 12/97

Wildlife Act

GENERAL WILDLIFE AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 20/97) pursuant to

sections 15 and 96 of the Wildlife Act.

1 The General Wildlife Regulation (Alta. Reg. 50/87) is amended by this

Regulation.

Section 4(3)(d)(ii) is amended by adding "and" at the end of paragraph

(A), by striking out ", and" at the end of paragraph (

B) and by repealing

paragraph (C).

Section 14 is amended by adding the following after subsection (13):

(14) A person employed by a municipality under a contract of service

or for services and whose duties include the control of animals that cause

problems may hunt beaver, coyote, red fox, badger, red squirrel and muskrat

within the boundaries of a city, town, village or summer village if the

hunting is performed in the course and falls within the scope of that

employment.

Section 28.1(4)(

b) is amended by adding "or a non-resident alien" after

"non-resident".

Section 30 is amended

(

a) in subsection (1)

(

i) in clause (c)(ii) by striking out "29(1)(b),

29(1)(

c) or 29(3) of that regulation" and substituting "section 29(3) of

that Regulation";

(ii) in clause (

e) by striking out ", goat and antelope"

and substituting "and goat";

(iii) in clause (

f) by adding "antelope," before "moose";

(iv) in clause (

g) by adding "that has been lawfully

hunted in accordance with the Act" after "beaver";

(

v) by adding the following at the end:

(

i) the claws, skulls and teeth of

fur-bearing animals, other than beaver, that have been lawfully hunted in

accordance with the Act.

(

b) by repealing subsection (3)(e);

(

c) by adding the following after subsection (10):

(10.1) Where by virtue of the application of subsection (8),

(9) or (10), an exemption from

section 61(1) of the Act exists or that

subsection does not apply, the circumstances underlying the exemption or

non-application constitute an authorization for the purposes of

section

23(

b) of the Livestock Industry Diversification Act.

Section 32 is repealed.

Schedule 1 is amended

(

a) in

Part 3

(

i) by striking out "Pelecanus erythrorhynchos

(American White Pelican)" and substituting "Rana pipiens (Northern Leopard

Frog)";

(ii) by striking out "Charadrius montanus (Mountain

Plover)";

(

b) in Item A of

Part 5, by adding "Aythya fuligula (Tufted Duck)"

after "Aythya affinis (Lesser Scaup)";

(

c) in

Part 6

(

i) by adding the following after "Scaphiopus

bombifrons (Plains Spadefoot Toad)":

Bufo hemiophrys (Canadian Toad)

Rana pretiosa [(Western) Spotted Frog]

(ii) by adding "Crotalus viridis (Prairie Rattlesnake)"

after "Heterodon nasicus (Western Hognose Snake)";

(iii) by adding "Marmota caligata (Hoary Marmot)" after

"Marmota flaviventris (Yellow-bellied Marmot)";

(iv) by adding "Glaucomys sabrinus (Northern Flying

Squirrel)" after "Tamias ruficaudus (Red-tailed Chipmunk)";

(

v) by striking out "Microtus xanthognathus

(Yellow-cheeked Vole)" and substituting the following:

Microtus xanthognathus (Taiga Vole)

Microtus ochrogaster (Prairie Vole)

Lagurus curtatus (Sagebrush Vole)

Mustela nigripes (Black-footed Ferret)

(vi) by adding "Pelecanus erythrorhynchos (American

White Pelican)" after "Phalacrocorax auritus (Double-crested Cormorant)";

(vii) by adding the following after "Ardea herodias

(Great Blue Heron)":

Egretta caerulea (Little Blue Heron)

Egretta tricolor (Tri-coloured Heron)

(viii) by adding "Charadrius montanus (Mountain

Plover)" after "Charadrius vociferus (Killdeer)";

(ix) by adding "Numenius borealis (Eskimo Curlew)" after

"Numenius americanus (Long-billed Curlew)";

(

x) by adding "Larus fuscus (Lesser Black-backed Gull)"

after "Larus marinus (Great Black-backed Gull)";

(xi) by adding "Sphyrapicus ruber (Red-breasted

Sapsucker)" after "Sphyrapicus varius (Yellow-bellied Sapsucker);

(xii) by adding "Hylocichla mustelina (Wood Thrush)"

after "Ixoreus naevius (Varied Thrush);

(xiii) by adding "Wilsonia citrina (Hooded Warbler)"

after "Wilsonia canadensis (Canada Warbler)";

(xiv) by striking out "Icterus galbula (Northern Oriole)"

and substituting the following:

Icterus galbula galbula (Baltimore Oriole)

Icterus galbula bullockii (Bullock's Oriole)

Cardinalis cardinalis (Northern Cardinal)

Pipilo erythropthalmus arcticus (Spotted

Towhee)

(

d) in

Part 7

(

i) by striking out "Bufo hemiophrys (Canadian Toad)";

(ii) by striking out "Rana pretiosa [(Western) Spotted

Frog];

(iii) by striking out "Rana pipiens (Northern Leopard

Frog)";

(iv) by striking out "Crotalus viridis (Prairie

Rattlesnake)";

(

v) by striking out "Marmota caligata (Hoary Marmot)";

(vi) by striking out "Glaucomys sabrinus (Northern Fying

Squirrel)";

(vii) by striking out the following:

Microtus ochrogaster (Prairie Vole)

Lagurus curtatus (Sagebrush Vole)

Schedule 2 is amended in Item 2 by striking out "Cardinalis

cardinalis (Purple Cardinal)".

9 Item 1 of

Part II of

Schedule 3 is repealed and the following is

substituted:

1 Provincial Park Wildlife Management Unit

(600) All lands designated as a provincial park or provincial

recreation area under the Provincial Parks Act after April 1, 1985,

excluding a provincial park or provincial recreation area referred to in

any other Item of this Part and excluding a provincial park designated as a

wildland provincial park in the Order in Council establishing it.

10 Item 4 of

Part 5 of

Schedule 5 is amended in Column 2 by striking out

"Free" and substituting "$10".

Part 5 of

Schedule 5 is amended by adding the following after Item 4:

4.1 transfer of found dead wildlife permit (under

section 8(1) of the Ministerial Regulation) 20

Alberta Regulation 13/97

Employment Pension Plans Act

EMPLOYMENT PENSION PLANS AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 23/97) pursuant to

section

62 of the Employment Pension Plans Act.

1 The Employment Pension Plans Regulation (Alta. Reg. 364/86) is amended

by this Regulation.

Section 1(1) is amended

(

a) by adding the following after clause (h):

(h.1) "latest pension commencement date" means, in

relation to a member or former member whose pension has not yet commenced,

the last moment, being the end of the calendar year in question, as of

which that person is allowed to commence to receive a pension under the tax

Act;

(

b) in clause (q.1) by adding ", and includes the regulations under

that Act" after "(Canada)".

Section 3 is amended

(

a) in clause (

a) by striking out "18(3),";

(

b) in clause (

b) by striking out ", 35(1) and 42(3), (4) and (6)"

and substituting "and 35(1)".

Section 4 is amended

(

a) in clause (a)

(

i) by striking out "is not required to be wound up"

and substituting "has not been terminated";

(ii) by striking out "and" at the end;

(

b) by repealing clause (

b) and substituting the following:

(

b) where the plan has been terminated and approval to

postpone the winding-up has not been given, within 60 days after the date

of the termination, and

(

c) where the plan has been terminated and approval to

postpone the winding-up has been given, within 60 days after the decision

to wind up is made.

Section 8 is amended by repealing subsections (4) and (5) and

substituting the following:

(4) Where an amendment referred to in

section 7(5) is made, the

administrator shall file along with the certified copy of the amendment

required by

section 13(1) of the Act a statement showing the effect that

the amendment will have on the going concern liabilities, special payments

and normal actuarial cost and the changes that will result to the latest

cost certificate filed.

(5) Notwithstanding subsection (4), the Superintendent may require

the administrator to file a new actuarial valuation report and cost

certificate, if considered necessary.

Section 10(1) is amended in clause (

a) by striking out "establishment"

and substituting "registration".

Section 21(1) is repealed and the following is substituted:

Examination and provision of copies

21(1) The following are the prescribed documents for the purposes of

section 8(4)(

g) of the Act:

(

a) where the person entitled to the benefit is

(

i) a member, the most recent explanation

or

summary provided under

section 8(1)(

a) of the Act,

(ii) a former member, the last such

explanation or

summary that was current while that former member was a

member, or

(iii) any other person, the last such

explanation or

summary that was current while the person through whom that

other person derives the entitlement was a member;

(

b) a report under

section 51(3) of the Act, except any

portions of the report stating the benefits of individual members or former

members;

(

c) the current statement of investment policies and

procedures established under

section 36.1, with all amendments, or a

summary of it.

Section 30 is amended

(

a) in subsection (2)

(

i) in clauses (

d) and (

f) by adding "that will not

commence before the person entitled to it attains the age of 50 years"

after "RRIF";

(ii) by repealing clause (

g) and substituting the

following:

(g) "life annuity contract" means an

arrangement made to purchase through an insurance business a non-commutable

pension not later than the end of the calendar year in which the person who

is to receive the pension

(

A) reaches his latest pension

commencement date, where money is being transferred from a LIRA, and

(

B) attains the age of 80 years

where money is being transferred from a LIF,

being a pension that will not commence

before that person attains the age of 50 years,

(

b) by repealing subsection (5) and substituting the following:

(5) A financial institution must have filed

(

a) a specimen copy of the contract, including any

amendments made to the contract, or of each component of the contract,

including any amendments made to each such component, and

(

b) any other relevant documents that the

Superintendent reasonably required it to file.

(5.1) If a financial institution uses, as part of a contract,

a component of it that is also used for other financial products and that

has previously been approved by the Superintendent, that component, other

than any amendments being made to the previously approved version, need not

be filed again.

(

c) in subsections (7)(

a) and (8) by striking out "certified";

(

d) in subsection (13)(

l) by striking out "end of the calendar year

in which the owner attains the age of 71 years" and substituting "latest

pension commencement date".

Section 30.1 is amended

(

a) in subsection (3)

(

i) by repealing clause (a)(ii) and substituting the

following:

(ii) except for taking "latest pension

commencement date" to read "end of the calendar year in which the owner

attains the age of 80 years", (l),

(ii) in clause (b)

(

A) in subclause (ii) by striking out "or"

at the end;

(

B) in subclause (iii) by adding ", or" at

the end;

(

C) by adding the following after subclause

(iii):

(iv) to an acknowledged LRIF on

the relevant conditions specified in

section 30.2,

or to use part of the balance of the contract to

purchase an immediate life annuity and to transfer the remainder of it in

the manner set out in subclause (i), (ii), (iii) or (iv);

(iii) in clause (

e) by striking out "or LIRAs" and

substituting ", LIRAs or LRIFs";

(iv) in clause (

k) by striking out everything before

subclause (

i) and substituting the following:

(

k) if the fair market value of the

contract or of the balance of the contract is not to be used, the methods

and factors that are to be used to establish its value for the purpose of

(

v) in clause (

l) by striking out "and that ends at the

end" to the end of the clause and substituting ", then the owner may

establish at the beginning of that period the amount of income to be paid

during any one or more of the calendar years ending not later than the

expiry of the guaranteed rate of interest";

(vi) in clause (

o) by striking out "during the first

fiscal year from another contract of the owner" and substituting "from

another contract of the owner, then, during the first fiscal year following

that transfer";

(

b) in subsection (4)(

b) by adding "at and" before "as of".

Section 30.2(3) is amended

(

a) in clause (

b) by adding the following at the end on the line

following subclause (iii):

or to use part of the balance of the contract to purchase an

immediate life annuity and to transfer the remainder of it in the manner

set out in subclause (i), (ii) or (iii);

(

b) in clause (

f) by adding "or LIF" after "from another contract".

Section 34 is amended by adding the following after subsection (18.1):

(18.2) The Superintendent is entitled, at the plan's expense, to use

whatever means are considered necessary for the purposes of establishing

the appropriate steps referred to in subsection (18.1).

Section 36 is repealed and the following is substituted:

Investment requirements

36(1) In this section,

(a) "federal Regulations" means the Pension Benefits

Standards Regulations, 1985 (Canada) (SOR/87-19), as amended from time to

time;

(b) "investments" includes loans and deposits;

(c) "Schedule III" means

Schedule III to the federal

Regulations.

(2) Notwithstanding anything in this Regulation, in interpreting

Schedule III for the purposes of this section, expressions used in

Schedule III and defined in the Pension Benefits Standards Act, 1985

(Canada) or in the federal Regulations have the meanings assigned to them

by that Act or those Regulations, as the case may be.

(3) Notwithstanding the provisions of any pension plan or any

instrument governing a plan but subject to this section, the assets of a

plan must be invested and the investments made in accordance with

Schedule

III.

(4) The references to "1994" in subparagraphs 12(1)(a)(ii),

13(1)(a)(ii) and 14(a)(ii) of

Schedule III are to be treated as reading

"1996".

(5) Where any provisions of

Schedule III or of this

section or of

both differ from the corresponding provisions under the laws of a

designated province, the Superintendent may, in the case of a plan having

members in that designated province, apply in whole or in part those

corresponding provisions instead of those provisions of

Schedule III, this

section or both, as the case may be.

Statement of investment policies and procedures

36.1(1) The administrator of a pension plan shall, before September

1, 1997 or the day on which the plan is registered, whichever is later, and

having regard to all factors that may affect the funding and solvency of

the plan and the ability of the plan to meet its financial obligations,

establish on the plan's behalf a written statement of investment policies

and procedures in respect of the plan's portfolio of investments and loans,

including

(

a) the categories of investments, including

derivatives, options and futures,

(

b) the diversification of the investment portfolio,

(

c) the asset mix,

(

d) the rate of return expectations,

(

e) the liquidity of the investments,

(

f) loans of cash or securities,

(

g) the retention or delegation of voting rights

acquired through investments,

(

h) the method of, and the basis for, the valuation of

investments that are not regularly traded on a public exchange, and

(

i) related party transactions permitted under

section

17 of

Schedule III and the criteria to be used to establish whether the

value of a transaction is nominal or whether a transaction is immaterial to

the plan.

(2) The statement of investment policies and procedures must

include a description of the factors referred to in subsection (1) and the

relationship of those factors to those policies and procedures.

(3) If the plan has a defined benefit provision, the administrator

shall submit the statement of investment policies and procedures to the

plan's actuary on or before the day that is

(a) 60 days after the establishment of the statement,

(

b) the effective date as of which the actuary is

appointed,

whichever is the later.

Review, confirmation or amendment of statement

36.2(1) The administrator shall review and confirm or amend the

statement of investment policies and procedures at least once in each

fiscal year of the plan.

(2) If the plan has a defined benefit provision, the administrator

shall provide to the plan's actuary a copy of any amendment to the

statement, within 60 days after the amendment is made.

Names in which investments to be made

36.3(1) The administrator or fund holder shall maintain a current

record clearly identifying each of the plan's investments and the name in

which each investment is registered or, if not registered, made.

(2) Money in a pension fund is to be

(

a) invested in a name that clearly indicates that the

investment is held in trust for the plan and, if the investment is capable

of being registered, registered in that name,

(

b) invested in the name of a financial institution or

its nominee in accordance with a custodial agreement or trust agreement

entered into on the plan's behalf with the financial institution, that

clearly indicates that the investment is held for the plan, or

(

c) invested in the name of The Canadian Depository for

Securities Limited or its nominee in accordance with a custodial agreement

or trust agreement entered into on the plan's behalf with a financial

institution, that clearly indicates that the investment is held for the

plan.

(3) For the purposes of subsection (2), "custodial agreement" means

an agreement that provides that

(

a) an investment made or held on behalf of a plan

pursuant to the agreement

(

i) constitutes part of the plan's pension

fund, and

(ii) will not at any time constitute an

asset of the custodian or nominee,

and

(

b) records are to be maintained by the custodian that

are sufficient to allow the plan's ownership interest in any investment to

be traced at any time,

and "custodian", as used in this subsection, does not include any

nominee referred to in that subsection.

Section 39 is amended

(

a) in subsection (2)(

a) and (

e) by striking out "30" and

substituting "90";

(

b) in subsection (2)(

e) by adding "in the case of a pension plan

that is not being wound up," before "a statement".

Section 41 is amended

(

a) in subsection (1)

(

i) by repealing clauses (a), (b.1), (b.2), (b.3),

(b.4) and (b.5);

(ii) in clause (

c) by striking out "any of clauses (

a) to" and substituting "clause (

b) or";

(

b) by adding the following after subsection (8):

(9) Where

(a) subsections (18) and (18.1) of

section 34 have been

implemented,

(

b) the steps referred to in

section 34(18.1) have been

taken, and

(

c) those steps have not succeeded in making the amount

of contributions sufficient to cover the cost of benefits,

the multi-employer plan is exempted from the application of

section

56(1) of the Act if, on application to the Superintendent, the

Superintendent considers that it would create an undue burden on the plan

to apply that provision and has approved that exemption and subject to such

in part as directed by the Superintendent.

(10) A pension plan that, subject to this subsection, is a

multi-employer plan, is exempted from the application of sections 1(1)(

b) and (t), 5(1) and (2), 8(1)(e), 27(7) and (8), 30(3), (3.1), (3.2) and (4),

35(4), 38(4) and (5), 40(2) and 43 of the Act and sections 8(2)(b)(i), 15

and 35(1)(

c) of this Regulation if, on application to the Superintendent,

the Superintendent considers that it would create an undue burden on the

plan to apply the provision in question and has approved that exemption and

the Superintendent.

(11) Where a multi-employer plan is granted an exemption from a

provision under subsection (10) and there is an equivalent provision

applicable to plans that are not multi-employer plans, then, subject to any

provision is to apply instead.

(12) Notwithstanding subsection (11), where a multi-employer plan is

exempted from sections 1(1)(

b) and 5(1) of the Act, the plan's

administrator is to be one of participating employers designated in an

agreement between all of the participating employers that is filed with the

Superintendent.

Section 42(6) is repealed.

Schedule 1 is amended by striking out "pensioner" and "pensioner's"

wherever they occur, and substituting "pensioner/owner" and

"pensioner/owner's" respectively.

Schedule 2 is repealed.

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

Alberta Regulation 14/97

Employment Standards Code

EMPLOYMENT STANDARDS REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 25/97) pursuant to

section

138 of the Employment Standards Code (SA 1996 cE-10.3).

Table of Contents

Definition 1

Part 1

Exemptions

Hours of work, overtime and records 2

General holidays and general holiday pay exemptions 3

Vacation and vacation pay exemptions 4

No notice of termination 5

Domestic employment 6

Part 2

Minimum Wage

Definition 7

Application 8

Basic minimum wage 9

Calculation of minimum wage 10

Employment for less than 3 hours 11

Board and lodging deductions 12

Other deductions 13

Part 3

Hours of Work and Overtime Pay

Division 1

Ambulance Drivers and Attendants

Application 14

Substitution for Act 15

Overtime hours 16

Counting hours of work 17

Division 2

Field Services

Definitions 18

Application 19

Substitution for Act 20

Overtime hours 21

Division 3

Highway and Railway Construction

and Brush Clearing

Definitions 22

Application 23

Substitution for Act 24

Overtime hours 25

Division 4

Irrigation Districts

Application 26

Substitution for Act 27

Overtime hours 28

Division 5

Nursery Industry

Application 29

Substitution for Act 30

Overtime hours 31

Division 6

Oilwell Servicing

Definition 32

Application 33

Substitution for Act 34

Overtime hours 35

Division 7

Taxi Cab Industry

Application 36

Substitution for Act 37

Overtime hours 38

Division 8

Trucking Industry

Application 39

Substitution for Act 40

Overtime hours 41

Working period 42

Hours of rest 43

Part 4

Construction Industry and Brush Clearing

(General Holiday Pay and Vacation Pay)

Definitions 44

Substitution for Act 45

General holiday pay 46

When paid 47

Vacation pay 48

When paid 49

Vacation pay on termination 50

Part 5

Adolescents and Young Persons

Definitions 51

Adolescent's employment 52

Young persons employment 53

Conditions on employment 54

Part 6

Reciprocating Jurisdictions

Reciprocal enforcement of orders 55

Part 7

Fees and Costs

Fee is debt 56

General fees 57

Contracted services 58

Audit fees 59

Additional fee 60

Fees on appeal 61

Umpire's costs 62

Third party collection costs 63

Part 8

Repeal, Commencement and Expiry

Repeal 64

Commencement 65

Expiration 66

Schedule

Definition

1 In this Regulation, "Act" means the Employment Standards Code.

PART 1

EXEMPTIONS

Hours of work, overtime and records

2(1)

Section 14(1)(

a) of the Act (relating to the keeping of employment

records for regular and overtime time hours of work) and

Part 2, Divisions

3 and 4 of the Act (relating to hours of work, overtime and overtime pay)

do not apply to

(

a) an employee who is employed entirely in

(

i) a supervisory capacity,

(ii) a managerial capacity, or

(iii) a capacity concerning matters of a confidential

nature

and whose duties do not, other than in an incidental way,

consist of work similar to that performed by other employees who are not so

employed;

(

b) an employee who is

(

i) a salesperson, other than a route salesperson,

remunerated in whole or in part by commission, who is engaged in soliciting

orders, principally outside of the employer's place of business, for goods

or services that will subsequently be delivered or provided to the

purchaser,

(ii) an automobile, recreational vehicle, truck or bus

salesperson,

(iii) a mobile home salesperson,

(iv) a farm machinery salesperson,

(

v) a heavy duty construction equipment or road

construction equipment salesperson,

(vi) a residential home salesperson employed by a person

who builds those homes,

(vii) authorized to trade in real estate as a real estate

broker under the Real Estate Act,

(viii) a salesman registered under the Securities

Act,

(ix) an individual holding a certificate under

section

512 of the Insurance Act,

(

x) a salesperson for a direct seller licensed under

the Licensing of Trades and Businesses Act,

(xi) a land agent licensed under the Land Agents

Licensing Act, or

(xii) an extra in a film or video production,

or to their respective employers while acting in the capacity

of employer.

(2) Section 14(1)(

a) of the Act (relating to keeping of employment

records for regular and overtime hours of work) and

Part 2, Divisions 3 and

4 of the Act (relating to hours of work, overtime and overtime pay) do not

apply to an employee or to the employee's employer while acting in the

capacity of employer if the employee is

(

a) a registered architect, restricted practitioner or visiting

project architect, as defined in the Architects Act,

(

b) a certified general accountant or student member, as defined in

the Certified General Accountants Act,

(

c) a certified management accountant as defined in the Certified

Management Accountants Act,

(

d) a chartered accountant or student, as defined in the Chartered

Accountants Act,

(

e) a registered member or a registered practitioner, as defined in

the Chiropractic Profession Act,

(

f) a licensed member, professional corporation or registered

practitioner, as defined in the Dental Profession Act,

(

g) a professional member or member-in-training, as defined in the

Engineering, Geological and Geophysical Professions Act,

(

h) an active member or a student-at-law, as defined in the Legal

Profession Act,

(

i) an authorized entity as defined in the Optometry Profession

Act,

(

j) a podiatrist as defined in the Podiatry Act,

(

k) a chartered psychologist or registrant as defined in the

Psychology Profession Act, or

(

l) a registered veterinarian or permit holder as defined in the

Veterinary Profession Act,

so long as that person is carrying on the occupation governed by the Acts

referred to in this subsection.

General holidays and general holiday pay exemptions

Part 2, Division 5 of the Act (relating to general holidays and

general holiday pay) does not apply to an employee who is

(

a) a salesperson, other than a route salesperson, remunerated in

whole or in part by commission, who is engaged in soliciting orders,

principally outside of the employer's place of business, for goods or

services that will subsequently be delivered or provided to the purchaser,

(

b) an automobile, recreational vehicle, truck or bus salesperson,

(

c) a mobile home salesperson,

(

d) a farm machinery salesperson,

(

e) a heavy duty construction equipment or road construction

equipment salesperson,

(

f) authorized to trade in real estate as a real estate broker

under the Real Estate Act,

(

g) a salesman registered under the Securities Act,

(

h) an individual holding a certificate under

section 512 of the

Insurance Act, or

(

i) an extra in a film or video production,

or to their respective employers while acting in the capacity of employer.

Vacation and vacation pay exemptions

Part 2, Division 6 of the Act (relating to vacations and vacation pay)

does not apply to an employee who is

(

a) a salesperson, other than a route salesperson, remunerated in

whole or in part by commission, who is engaged in soliciting orders,

principally outside of the employer's place of business, for goods or

services that will subsequently be delivered or provided to the purchaser,

(

b) authorized to trade in real estate as a real estate broker

under the Real Estate Act,

(

c) a salesman registered under the Securities Act,

(

d) an individual holding a certificate under

section 512 of the

Insurance Act, or

(

e) an extra in a film or video production,

or to their respective employers while acting in the capacity of employer.

No notice of termination

5(1) No termination notice is required to be given by an employee, and no

termination notice, termination pay or combination of termination notice

and termination pay is required to be given or paid by an employer to

terminate the employment of an employee if

(

a) the employee is employed at the site of and in the

construction, erection, repair, remodelling, alteration, painting, interior

decoration or demolition of any

(

i) building or structure,

(ii) road, highway, railway or airfield,

(iii) sidewalk, curb or gutter,

(iv) pipeline,

(

v) irrigation or drainage system,

(vi) earth and rock fill dam,

(vii) sewage system,

(viii) power transmission line or power distribution

system, or

(ix) gas distribution system

unless the employee

(

x) is employed to perform ongoing maintenance, or

(xi) is employed as an office employee;

(

b) the employee is employed in the cutting, removal, burning or

other disposal of trees and brush, or either of them, for the primary

purpose of clearing land and not for the harvesting of timber on it.

(2) For the purpose of subsection (1)(a)(x), a person is deemed to be

employed to perform ongoing maintenance if the person is continuously

employed to maintain anything referred to in subsection (1)(a)(

i) to (ix).

Domestic employment

6 The following provisions do not apply to employees employed in

domestic work in a private dwelling, or to their employer while the

employer is ordinarily resident in the dwelling and acting in the capacity

of employer:

(

a) Part 2, Divisions 3 and 4 of the Act (relating to hours of

work, overtime and overtime pay), except for sections 18 and 19 of the Act

(relating to rest periods and days of rest);

(

b) Part 2, Division 5 of the Act (relating to general holidays and

general holiday pay);

(

c) Part 2 of this Regulation (relating to the minimum wage).

PART 2

MINIMUM WAGE

Definition

7 In this Part, "minimum wage" means the minimum wage that an employer

must pay an employee under this Part.

Application

8 This Part does not apply to an employee who is

(

a) an active member or a student-at-law, as defined in the Legal

Profession Act,

(

b) a chartered accountant or student, as defined in the Chartered

Accountants Act,

(

c) authorized to trade in real estate as a real estate broker

under the Real Estate Act,

(

d) a salesman registered under the Securities Act,

(

e) an individual holding a certificate under

section 512 of the

Insurance Act,

(

f) a land agent licensed under the Land Agents Licensing Act,

(

g) a student engaged

(

i) in a formal course of training approved by the

Director,

(ii) in a work experience program approved by a board of

trustees, and working with the consents required, under

section 37 of the

School Act, or

(iii) in a work experience program approved by the

Minister of Advanced Education and Career Development or by an individual

or committee designated by the Minister,

(

h) an extra in a film or video production,

or to their respective employers while acting in the capacity of employer.

Basic minimum wage

9 Every employer must pay each employee a wage at a rate of at least

(a) $5 an hour, unless clause (

b) or (

c) applies;

(b) $4.50 an hour to an employee under 18 years old who attends

school and who is employed

(

i) outside the employee's normal school hours,

(ii) on a weekend or a vacation period, or

(iii) on any other day that the school is officially

closed;

(c) $200 a week to an employee employed as

(

i) a salesperson for a commercial agent licensed under

the Licensing of Trades and Businesses Act;

(ii) a salesperson, other than a route salesperson,

remunerated in whole or in part by commission, who is engaged in soliciting

orders, principally outside of the employer's place of business, for goods

or services that will subsequently be delivered or provided to the

purchaser;

(iii) an automobile, truck or bus salesperson;

(iv) a mobile home salesperson;

(

v) a farm machinery salesperson;

(vi) a heavy duty construction equipment or road

construction equipment salesperson;

(vii) a residential home salesperson employed by a person

who builds those homes.

Calculation of minimum wage

10 In determining whether the minimum wage has been paid to an employee

who is paid entirely or partly by commission or other incentive-based pay,

the determination must be based on the wages paid over the pay period

established by the employer for the calculation of wages or a period of one

month, whichever is the shorter period.

Employment for less than 3 hours

11(1) Subject to subsections (3) and (4), if an employee is employed for

less than 3 consecutive hours of work, the employer must pay the employee

for 3 hours of work at not less than the minimum wage to which the employee

is entitled.

(2) For the purposes of subsection (1),

(

a) a meal period of one hour or less is not to be considered as

part of the 3 consecutive hours of work, and

(

b) hours of work immediately following the meal period referred to

in clause (

a) are to be counted as if they were hours of work following

consecutively the hours of work before the meal period.

(3) If an employee is

(

a) employed in a recreation or athletic program on a part time

basis by a municipality, Metis settlement or community service organization

that is not operated for profit, or

(

b) employed as a school bus driver,

for less than 2 consecutive hours of work, the employer must pay the

employee for 2 hours of work at not less than the minimum wage to which the

employee is entitled.

(4) If an employee under 18 years of age who attends school and who is

employed for less than 2 consecutive hours of work outside normal school

hours or on a weekend, a vacation period or any other day that the school

is officially closed, the employer must pay the employee for 2 hours of

work at not less than the minimum wage to which the employee is entitled.

Board and lodging deductions

12(1) If board and lodging or either of them are furnished by an employer

to an employee, the amount by which the wages of the employee may be

reduced below the minimum wage to which the employee is entitled by way of

a deduction from wages or a payment out of wages, or both, must not exceed

(a) $1.65 for a single meal, and

(b) $2.20 a day for lodging.

(2) Despite subsection (1)(a), an employer must not make deductions from

the minimum wage for a meal not consumed by an employee.

Other deductions

13 No employer may reduce the wage of an employee below the minimum wage

to which the employee is entitled by making a deduction from or receiving

payment out of wages for the furnishing, use, repair or laundering of any

uniforms or special articles of wearing apparel that the employer requires

the employee to wear during the employee's hours of work.

PART 3

HOURS OF WORK AND OVERTIME PAY

Division 1

Ambulance Drivers and Attendants

Application

14 This Division applies to all employees employed as ambulance drivers

or ambulance attendants, and to their respective employers while acting in

the capacity of employer.

Substitution for Act

15 This Division applies in substitution for

section 21 of the Act.

Overtime hours

16 Overtime hours in respect of a work week are

(

a) the total of an employee's hours of work in excess of 10 on

each work day in the work week, or

(

b) an employee's hours of work in excess of 60 hours in the work

week,

whichever is greater, and, if the hours in clauses (

a) and (

b) are the

same, the overtime hours are those common hours.

Counting hours of work

17(1) Despite

section 16 of the Act, an employee may work from 6:00 p.m.

to the following 8:00 a.m. if the employee is provided with sleeping

accommodation.

(2) If an employee

(

a) is on duty from 6:00 p.m. to the following 8:00 a.m., and

(

b) is provided with sleeping accommodation,

the 14-hour period is, for the purposes of determining the number of hours

of work, to be considered 10 hours of work.

Division 2

Field Services

Definitions

18 In this Division,

(a) "field catering" means work performed or services provided in

the operation of field camps that provide food services or accommodation;

(b) "geophysical exploration" means the application of a physical

science in the determination of geologic or other conditions for the

location of oil, natural gas, coal or other minerals;

(c) "land surveying" means the execution of land surveys or the

execution of surveys of oil or gas well sites;

(d) "logging and lumbering" means

(

i) the cutting of primary timber products,

(ii) the sawing of primary timber products into rough

lumber, or

(iii) the planing of rough lumber,

and work incidental to any of them that is performed at or in

the immediate vicinity of the logging and lumbering;

(e) "urban municipality" means any of the following that has a

population of 1000 or more: a city, town, village, summer village or

hamlet.

Application

19 This Division applies to

(

a) employees employed in an undertaking that consists of

(

i) field catering,

(ii) geophysical exploration but not including a

professional member or member-in-training, as defined in the Engineering,

Geological and Geophysical Professions Act,

(iii) land surveying, or

(iv) logging and lumbering,

if the undertaking does not take place within an urban

municipality or within 16 km of an urban municipality,

(

b) the respective employers of the employees referred to in clause

(

a) while acting in the capacity of employer, and

(

c) employees of a municipal district or Metis settlement employed

in road construction, road maintenance or the removal of snow from roads

and to their respective employers while acting in the capacity of

employer.

Substitution for Act

20 This Division applies in substitution for

section 21 of the Act.

Overtime hours

21(1) Overtime hours in respect of a work month are

(

a) the total of an employee's hours of work in excess of 10 on

each work day in the work month, or

(

b) an employee's hours of work in excess of 191 hours in the work

month,

whichever is greater, and, if the hours in clauses (

a) and (

b) are the

same, the overtime hours are those common hours.

(2) If an employee, in the first or last work month of the employee's

employment, completes less than 191 hours of work, the overtime hours in

respect of a work week in that first or last work month are

(

a) the total of an employee's hours of work in excess of 10 on

each work day in the work week, or

(

b) an employee's hours of work in excess of 44 hours in the work

week,

whichever is greater, and, if the hours in clauses (

a) and (

b) are the

same, the overtime hours are those common hours.

Division 3

Highway and Railway Construction

and Brush Clearing

Definitions

22 In this Division,

(a) "brush clearing" means the cutting, removal and burning or

other disposition of trees or brush for the primary purpose of clearing

land and not for the harvesting of timber on it;

(b) "railway construction" means work performed in respect of the

construction, maintenance or repair of a railway;

(c) "road construction" means work performed in respect of the

construction, maintenance or repair of a road or highway.

Application

23 This Division applies to

(

a) employees employed in brush clearing, and

(

b) employees engaged in railway construction and highway

construction

(

i) outside the boundaries of a city, town or village,

and

(ii) inside the boundaries of a city, town or village

where the railway construction or road construction is a continuation of

railway construction or road construction carried on by the same employer

outside the boundary of the city, town or village,

and to their respective employers while acting in the capacity of employer.

Substitution for Act

24 This Division applies in substitution for

section 21 of the Act.

Overtime hours

25 Overtime hours in respect of a work week are

(

a) the total of an employee's hours of work in excess of 10 on

each work day in the work week, or

(

b) the employee's hours of work in excess of 44 hours in the work

week,

whichever is greater, and, if the hours in clauses (

a) and (

b) are the

same, the overtime hours are those common hours.

Division 4

Irrigation Districts

Application

26(1) This Division applies to employees of irrigation districts, other

than office employees, who are

(

a) employed full time, and

(

b) paid wages on a monthly basis,

and to their respective employers while acting in the capacity of employer.

(2) This Division applies during April 1 to October 31 each year.

Substitution for Act

27 This Division applies in substitution for

section 21 of the Act.

Overtime hours

28 Overtime hours in respect of a work week are

(

a) the total of an employee's hours of work in excess of 9 on each

work day in the work week, or

(

b) the employee's hours of work in excess of 54 hours in the work

week,

whichever is greater, and, if the hours in clauses (

a) and (

b) are the

same, the overtime hours are those common hours.

Division 5

Nursery Industry

Application

29 This Division applies to employees employed in the propagation and

the preparation for sale of trees, shrubs and plants and to their

respective employers while acting in the capacity of employer, except when

the employer's operation is principally carried on in a greenhouse.

Substitution for Act

30 This Division applies in substitution for

section 21 of the Act.

Overtime hours

31 Overtime hours in respect of a work week are

(

a) the total of an employee's hours of work in excess of 9 on each

work day in the work week, or

(

b) the employee's hours of work in excess of 48 hours in the work

week,

whichever is greater, and, if the hours in clauses (

a) and (

b) are the

same, the overtime hours are those common hours.

Division 6

Oilwell Servicing

Definition

32 In this Division, "oilwell servicing" means

(

a) the operation performed or service provided that is necessary

for the completion, recompletion or remedial treatment of an oil or gas

well, or

(

b) the supplementary operation performed or service provided that

is necessary to the drilling of an oil or gas well,

when the operation performed or service provided is applied in respect of

the well, but does not include the operation performed in respect of the

actual drilling of the well and does not include work performed with a

mobile workover or completion service rig.

Application

33 This Division applies to employees employed in oilwell servicing and

to their respective employers while acting in the capacity of employer.

Substitution for Act

34 This Division applies in substitution for

section 21 of the Act.

Overtime hours

35(1) Overtime hours in respect of a work month are

(

a) the total of an employee's hours of work in excess of 12 on

each work day in the work month, or

(

b) the employee's hours of work in excess of 191 hours in the work

month,

whichever is greater, and, if the hours in clauses (

a) and (

b) are the

same, the overtime hours are those common hours.

(2) If an employee, in the first or last work month of the employee's

employment, completes less than 191 hours of work, the overtime hours in

respect of a work week in that first or last work month are

(

a) the total of an employee's hours of work in excess of 12 on

each work day in the work week, or

(

b) an employee's hours of work in excess of 44 hours in the work

week,

whichever is greater, and, if the hours in clauses (

a) and (

b) are the

same, the overtime hours are those common hours.

Division 7

Taxi Cab Industry

Application

36 This Division applies to all employees employed as taxi cab drivers

and to their respective employers while acting in the capacity of employer.

Substitution for Act

37 This Division applies in substitution for

section 21 of the Act.

Overtime hours

38 Overtime hours in respect of a work week are

(

a) the total of an employee's hours of work in excess of 10 on

each work day in the work week, or

(

b) the employee's hours of work in excess of 60 in the work week,

whichever is greater, and, if the hours in clauses (

a) and (

b) are the

same, the overtime hours are those common hours.

Division 8

Trucking Industry

Application

39 This Division applies

(

a) to an employee employed as

(

i) a truck driver operating a truck having a

manufacturer's rated carrying capacity of 910 kilograms net weight or over

that is registered as a public service vehicle or commercial vehicle and to

an employee employed as the truck driver's helper or swamper, or

(ii) a bus driver operating a bus licensed as a public

vehicle as defined in the Motor Transport Act,

other than a truck driver, bus driver, helper or swamper whose

duties are performed entirely within the same city, and

(

b) to the respective employers of the employees to which this

Division applies while acting in the capacity of employer.

Substitution for Act

40 Sections 41 and 42 apply in substitution for

section 21 of the Act.

Overtime hours

41 Overtime hours in respect of a work week are

(

a) the total of an employee's hours of work in excess of 10 on

each work day in the work week, or

(

b) the employee's hours of work in excess of 50 hours in the work

week,

whichever is greater, and, if the hours in clauses (

a) and (

b) are the

same, the overtime hours are those common hours.

Working period

42 For the purposes of this Division, an employee is to be considered to

be working or performing a service from the time that the employee is

required to report and does report until the time that the employee is

relieved from work and all responsibility for work.

Hours of rest

43 After an employee completes a shift, the employer must not require the

employee to resume work, nor may the employee resume work, unless the

employee has had at least 8 consecutive hours of rest.

PART 4

CONSTRUCTION INDUSTRY AND BRUSH CLEARING

(GENERAL HOLIDAY PAY AND VACATION PAY)

Definitions

44 In this Part,

(a) "construction employee" means an employee employed

(

i) at the site of and in the construction, erection,

repair, remodelling, alteration, painting and interior decoration or

demolition of any

(

A) building or structure,

(

B) road, highway, railway or airfield,

(

C) sidewalk, curb or gutter,

(

D) pipeline,

(

E) irrigation or drainage system,

(

F) earth and rock fill dam,

(

G) sewage system,

(

H) power transmission line or power

distribution system, or

(

I) gas distribution system,

but does not include employees employed to perform

ongoing maintenance at the site or office employees employed at the site,

(ii) in the cutting, removal, burning or other

disposition of trees and brush or either of them for the primary purpose of

clearing land and not for the harvesting of timber on it;

(b) "construction employer" means an employer of a construction

employee while acting in the capacity of employer.

Substitution for Act

45 This Division applies in substitution for sections 26 to 33 of the Act

and

Part 2, Division 6 of the Act (relating to vacations and vacation pay).

General holiday pay

46 A construction employer must pay to a construction employee in

respect of general holidays, general holiday pay in an amount that is at

least 3.6% of the employee's wages.

When paid

47 Despite

section 8 of the Act, an employer must pay general holiday pay

referred to in

section 46

(

a) on or before December 31 each year, or

(

b) if the employment of a construction employee is terminated,

whether by the construction employer or the construction employee, after

the termination of employment within the time described in

section 9 or 10

of the Act.

Vacation pay

48 A construction employer must pay to a construction employee vacation

pay in an amount that is at least 6% of the employee's wages.

When paid

49 Subject to

section 50, an employer must pay vacation pay referred to

section 48

(

a) on or before December 31 each year, or

(

b) on the day before the construction employee commences annual

vacation, if the employee is to receive one,

whichever first occurs.

Vacation pay on termination

50 If the employment of a construction employee is terminated, whether

by the construction employer or the construction employee, the construction

employer must pay the construction employee the vacation pay to which the

employee is entitled after the termination of employment within the time

described in

section 9 or 10 of the Act.

PART 5

ADOLESCENTS AND YOUNG PERSONS

Definitions

51 In this Part,

(a) "adolescent" means an individual 12 years old or older but

under 15 years old;

(b) "young person" means an individual 15 years old or older but

under 18 years old.

Adolescent's employment

52(1) No employer may employ an adolescent outside of normal school hours

unless

(

a) the adolescent is employed as a

(

i) delivery person of small wares for a retail store,

(ii) clerk or messenger in an office,

(iii) clerk in a retail store,

(iv) delivery person for the distribution of newspapers,

flyers or handbills, or

(

v) worker in an occupation approved by the Director,

(

b) the employment is not or is not likely to be injurious to the

life, health, education or welfare of the adolescent, and

(

c) a parent or guardian of the adolescent gives the prospective

employer written consent to the employment.

(2) Section 66 of the Act does not apply to the employment of an

adolescent if the employment occurs outside of normal school hours.

(3) No employer may employ an adolescent

(

a) for longer than 2 hours outside of normal school hours on a day

during which the adolescent is required to attend school, or

(

b) for longer than 8 hours on a day during which the adolescent is

not required to attend school.

(4) During the period of time from 9:00 p.m. to the following 6:00 a.m.,

no employer may employ an adolescent and no adolescent may work in any

employment.

Young persons employment

53(1) During the period of time from 9:00 p.m. to the following 12:01

a.m., no employer may employ a young person and no young person may work in

any employment on or in connection with any of the following premises

unless the young person works with and is in the continuous presence of at

least one other individual 18 years old or older:

(

a) the premises of any retail business selling

(

i) food or beverages, whether alcoholic or not, or

(ii) any other commodities, goods, wares or merchandise;

(

b) the premises of a retail business in which gasoline, diesel

fuel, propane or any other product of petroleum or natural gas is sold;

(

c) a hotel, motel or other place that provides overnight

accommodation to the public.

(2) During the period of time from 12:01 a.m. to the following 6:00 a.m.,

no employer may employ a young person and no young person may work, in any

employment on or in connection with any of the premises specified in

subsection (1).

(3) With respect to the employment of young persons on premises not

specified in subsection (1) during the period of time from 12:01 a.m. to

the following 6:00 a.m., no employer may employ a young person and no young

person may work in any employment unless

(

a) a parent or guardian of the young person gives the prospective

employer written consent to the employment, and

(

b) during the employment the young person works with and is in the

continuous presence of at least one individual 18 years old or older.

Conditions on employment

54(1) The Director is authorized to impose conditions on the employment of

an adolescent or young person whenever the director considers it necessary

to do so.

(2) The employer, adolescent or young person who is subject to the

conditions must comply with them.

PART 6

RECIPROCATING JURISDICTIONS

Reciprocal enforcement of orders

55(1) A jurisdiction set out in column 1 of the

Schedule is declared,

under

section 113 of the Act, to be a reciprocating jurisdiction for the

purpose of enforcing orders, awards, certificates or judgments for the

payment of earnings made under an enactment of that jurisdiction.

(2) The authority set out in column 2 of the

Schedule is designated as the

authority within that jurisdiction who may make applications or issue

certificates under

section 113 of the Act.

PART 7

FEES AND COSTS

Fee is debt

56(1) A fee that is payable under this

Part constitutes a debt owing from

the person liable to pay it to the person to whom it is to be paid and is

recoverable by an action in debt.

(2) The remedy in subsection (1) is in addition to any other remedy given

in this Part.

General fees

57(1) For the purpose of recovering the costs of the Government in

administering

Part 2 of the Act in cases not otherwise specifically

provided for in this Part, the Director must charge fees established by the

Minister.

(2) The Director may, if the Director considers it appropriate,

(

a) waive the payment of a fee under subsection (1) or reduce the

amount of the fee, or

(

b) refund a fee paid under subsection (1).

Contracted services

58(1) Where under the authority of

section 72 of the Act the Director

engages a person to perform a service or otherwise assist the Director or

an officer in administering

Part 2 of the Act, that person is entitled to

recover, from the person specified by the Director, fees in an amount

approved by the Director.

(2) On being satisfied that a person has performed a service or given

assistance referred to in subsection (1) and that the fee that is payable

under subsection (1) in respect of that service or assistance is unpaid,

the Director may issue to that person a fee certificate containing the

following information:

(

a) the fee that the person is entitled to for the service

performed or the assistance given;

(

b) the name of the person who is liable to pay the fee.

(3) If a person who is required to pay a fee under this

section fails to

do so, the person who performed the service or gave the assistance may file

the fee certificate with the clerk of the Court of Queen's Bench in the

judicial district in which the fee certificate was issued and the fee

certificate is then enforceable as an order or judgment of the Court of

Queen's Bench.

Audit fees

59(1) If an audit of employer records is conducted by an employee of the

Crown, the employer is liable to pay to the Crown a fee equal to 10% of the

earnings alleged to be owing to employees.

(2) If an audit of employer records is conducted by a person under the

authority of

section 72 of the Act, the employer is liable to pay to that

person the fees approved by the Director.

(3) No fee is payable under this

section unless the Director has first

notified the employer in writing that the audit will be conducted.

(4) If as a result of an audit referred to in subsection (2) the Director

is satisfied that the employer does not owe earnings to employees, the

Director may reimburse the employer for all or part of the fee the employer

paid to the person referred to in subsection (2).

Additional fee

60(1) Where an officer or the Director makes an order under

section 87 or

89 of the Act, an additional fee is payable by the employer to the Crown in

an amount equal to

(a) 10% of the amount ordered to be paid under

section 87 or 89 of

the Act, or

(b) $100,

whichever is greater, for each employee in respect of whom the order was

made.

(2) If under the authority of

section 92 of the Act an officer or the

Director revokes, amends or varies an order under

section 87 or 89 of the

Act, the fee under subsection (1) must

(

a) be refunded if the order is revoked,

(

b) be reduced proportionately and the amount of the reduction

refunded if the amount payable under the order is reduced, or

(

c) be increased proportionately and the amount of the increase be

paid to the Crown by the employer if the amount payable under the order is

increased.

Fees on appeal

61 If an order of an officer or the Director under

section 87 or 89 of

the Act is appealed to an umpire,

(

a) the additional fee under

section 60(1) and any audit fee under

section 59(1) must

(

i) be refunded to the employer if the order is

revoked,

(ii) be reduced proportionately and the amount of the

reduction refunded if the amount payable under the order is reduced by the

umpire or by agreement of the parties before the hearing date, or

(iii) be increased proportionately and the amount of the

increase be paid by the employer to the Crown if the amount payable under

the order is increased by the umpire or by agreement of the parties before

the hearing date,

and

(

b) the Director may reimburse the employer for all or part of an

audit fee paid to a person under

section 59(2), having regard to the nature

of the umpire's order.

Umpire's costs

62(1) Subject to subsection (2), an umpire who hears an appeal under

Part

3, Division 4 of the Act may, having regard to the conduct of the parties,

order any of the parties to the appeal to pay any or all of the

Government's direct or indirect costs of the appeal as determined by the

umpire including, without limitation,

(

a) research and preparation costs,

(

b) the fee or salary paid or attributable to persons involved in

the hearing and those persons' travel and accommodation costs, and

(

c) other expenses that are incidental to conducting the hearing.

(2) No order for the payment of costs may be made against the Director.

(3) An umpire's order for the payment of costs is part of an order of the

umpire for the purposes of the Act.

Third party collection costs

63(1) If

(

a) a person other than an employee of the Crown (in this

section

referred to as the collector) collects on behalf of an employee money owing

to the employee pursuant to an order that is filed in the Court of Queen's

Bench under

section 110 of the Act, and

(

b) the collector is acting on the written authority of the

employee, given through the Director,

the employer is liable to pay and the collector is entitled to collect from

the employer an additional amount calculated in accordance with the formula

A = B x C

where

A is the additional amount,

B is a percentage specified by the Minister for the purposes of

this section, and

C is the amount owing to the employee.

(2) The additional amount under subsection (1) is in addition to any other

costs to which the collector is entitled by law.

(3) A collector is entitled to receive from the Director a collection

certificate that sets out

(

a) the additional amount that may be collected under this section,

and

(

b) the person who is liable to pay the additional amount.

(4) A collector may file a collection certificate with the clerk of the

Court of Queen's Bench in the judicial district in which the judgment is

filed and the collection certificate is then enforceable as an order or

judgment of the Court of Queen's Bench.

(5) Where a collector collects money owing pursuant to an order referred

to in subsection (1)(

a) or a collection certificate under this section, the

collector is entitled to retain a fee that is a portion of the collected

amount determined in accordance with the formula

where

Y is the portion the collector is entitled to retain,

and

A and C have the same values as they have under subsection (1).

(6) For the purposes of the calculation under subsection (5), "collected

amount" is the amount remaining after deduction of the other costs to which

the collector is entitled by law that are referred to in subsection (2).

(7) After deducting the collector's fee under subsection (5), the

collector must distribute the balance as follows:

(

a) first, to pay the money owing to the employee under the order;

(

b) second, to pay any remainder to the Government in satisfaction

of fees and other amounts owing to the Government in connection with the

order.

(8) The Director may require a collector to pay the balance referred to in

subsection (7) to the Director, in which case the Director is responsible

for distributing the balance in accordance with subsection (7).

(9) No person may act as a collector under this

section unless that

person has entered into an agreement with the Director for that purpose.

PART 8

REPEAL, COMMENCEMENT AND EXPIRY

Repeal

64 The following Regulations are repealed:

(

a) Adolescents and Young Persons Employment Regulation (Alta. Reg.

82/81);

(

b) Construction Industry and Brush Clearing (Vacation Pay and

General Holiday Pay) Regulation (Alta. Reg. 81/81);

(

c) Exemption Regulation (Alta. Reg. 296/88);

(

d) Fees and Costs Regulation (Alta. Reg. 309/94);

(

e) Hours of Work and Overtime Pay (Ambulance Drivers and

Attendants) Regulation (Alta. Reg. 77/81);

(

f) Hours of Work and Overtime Pay (Field Services) Regulation

(Alta. Reg. 73/81);

(

g) Hours of Work and Overtime Pay (Highway and Railway

Construction and Brush Clearing) Regulation (Alta. Reg. 79/81);

(

h) Hours of Work and Overtime Pay (Irrigation Districts)

Regulation (Alta. Reg. 75/81);

(

i) Hours of Work and Overtime Pay (Nursery Industry) Regulation

(Alta. Reg. 76/81);

(

j) Hours of Work and Overtime Pay (Oilwell Servicing) Regulation

(Alta. Reg. 74/81);

(

k) Hours of Work and Overtime Pay (Taxi Cab Industry) Regulation

(Alta. Reg. 80/81);

(

l) Hours of Work and Overtime Pay (Trucking Industry) Regulation

(Alta. Reg. 78/81);

(

m) Minimum Wage Regulation (Alta. Reg. 145/81);

(

n) Reciprocating Provinces Regulation (Alta. Reg. 277/83);

(

o) Scheme of Employment Regulation (Alta. Reg. 101/81).

Commence-ment

65 This Regulation comes into force when the Employment Standards Code,

SA 1996 cE-10.3, is proclaimed in force.

Expiration

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

ongoing relevancy and necessity, with the option that it may be re-passed

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

expires on December 31, 1997.

SCHEDULE

Column 1

Reciprocating

Jurisdiction

Column 2

Designated Authority

1 British Columbia

Director of Employment Standards for British Columbia

2 Yukon Territory

Director of Employment Standards for the Yukon Territory

3 Saskatchewan

Director of Labour Standards for Saskatchewan

4 Northwest Territories

Labour Standards Board of the Northwest Territories

5 Manitoba

Director of Employment Standards for Manitoba

6 Nova Scotia

7 Ontario

Director of Labour Standards for Nova Scotia

Director of Employment Standards for Ontario

Alberta Regulation 15/97

Government Organization Act

RADIATION HEALTH ADMINISTRATION AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Lieutenant Governor in Council (O.C. 26/97) pursuant to

Schedule 10,

section 2 of the Government Organization Act.

1 The Radiation Health Administration Regulation (Alta. Reg. 49/96) is

amended by this Regulation.

Schedule 1 is amended

(

a) in Row 1, Column 3 by striking out "Authority" and substituting

"Authority, chiropractic facilities and medical education facilities";

(

b) in Row 2, Column 3 by striking out "NAIT or SAIT";

(

c) in Row 3

(

i) in Column 2 by striking out "accelerators" and

substituting "accelerators; therapeutic or diagnostic x-ray equipment";

(ii) in Column 3 by adding "non-medical" after "within";

(

d) by adding the following after Row 2:

College of Chiropractors of Alberta

Diagnostic X-ray equipment; Class 3b and 4 lasers

Installed or operated within chiropractic facilities

Alberta Veterinary Medical Association

Diagnostic X-ray equipment; Class 3b and 4 lasers

Installed or operated within veterinary clinics

Schedule 2 is amended by adding the following after row 7:

Calgary Regional Health Authority

Diagnostic Imaging

1820 Richmond Rd SW

Calgary, AB

T2T 5C7

Diagnostic or Therapeutic x-ray equipment; Cabinet x-ray equipment

Installed or operated within medical and dental facilities

L. Murray Pack

Box 1533

Cardston, AB

T0K 0K0

Diagnostic or Therapeutic x-ray equipment

Installed or operated within dental facilities

Sinclair Dental Co.

3540 - 78th Ave

Edmonton, AB

T6B 2X9

Diagnostic or Therapeutic x-ray equipment

Installed or operated within

dental facilities

Varanidex Inc.

P.O. Box 26008

116 Sherbrooke St.

Winnipeg, MB

R3C 4K9

Diagnostic x-ray equipment

Installed or operated within dental facilities

Rad Pro Inspection Agency

173 Mount Pleasant Dr.

Camrose, AB

T4V 3H8

Diagnostic or Therapeutic x-ray equipment

Installed or operated within medical, dental and veterinary facilities

Radman

11139 Southdale Rd SW

Calgary, AB

T2W 0X5

Diagnostic or Therapeutic x-ray equipment

Installed or operated within medical, dental, chiropractic, and veterinary

facilities

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

Alberta Regulation 16/97

Engineering, Geological and Geophysical Professions Act

GENERAL AMENDMENT REGULATION

Filed: January 15, 1997

Approved by the Lieutenant Governor in Council (O.C. 30/97) pursuant to

section 18 of the Engineering, Geological, Geophysical Professions Act.

1 The General Regulation (Alta. Reg. 244/81) is amended by this

Regulation.

Section 21(

c) is amended by striking out "at least 3" and substituting

"at least 1".

Alberta Regulation 17/97

Wildlife Act

CAPTIVE WILDLIFE (MINISTERIAL) AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Minister of Environmental Protection (M.O. 79/96) pursuant to

section 97 of the Wildlife Act.

1 The Captive Wildlife (Ministerial) Regulation (Alta. Reg. 96/87) is

amended by this Regulation.

Section 1(1) is amended by adding the following after clause (c):

(d) "seamless metal band" means a leg band lawfully placed on a

falconry bird to indicate that it was born in captivity.

Section 3.1(1) is amended by striking out "green" and substituting

"seamless metal".

Section 5 is repealed.

5 Sections 6 and 7 are repealed and the following is substituted:

Zoo and big game farm product buyer's permit records

6(1) The holder of a zoo permit shall, with respect to animals

possessed or to be possessed under the authority of the permit,

(

a) record

(

i) forthwith after the birth, the species,

sex and date of birth of each progeny animal born, including a still-born,

to a female wildlife or exotic animal,

(ii) forthwith after the acquisition, the

species, sex, origin and date of acquisition of each live wildlife or

exotic animal acquired other than by birth, including the import permit

number, if applicable, and the name, address and permit number of the

person from whom the animal is acquired,

(iii) forthwith after the death, the species,

sex and date of death of each wildlife or exotic animal that dies, and

(iv) forthwith after the disposal, the

species, sex, destination and date of disposal of each live wildlife or

exotic animal sold, transferred or otherwise disposed of, including the

export permit number, if applicable, and the name, address and permit

number of the person to whom the animal is sold, transferred or otherwise

disposed of,

(

b) retain in his possession on the permit premises the

records made under clause (a),

(

c) before March 31 in each year, submit to the

Director of Wildlife a report setting out the total number of live wildlife

and exotic animals possessed by him on February 28 of that year, with their

sex and species, and

(

d) if the holder ceases to hold the zoo permit or

discontinues his business as a zoo, submit to the office referred to in

clause (c), within 30 days of that time, the information described in

clause (

c) respecting the animals possessed at that time.

(2) The holder of a big game farm product buyer's permit shall,

(

a) forthwith after acquiring, selling or otherwise

disposing of any non-meat part or product described in

section 11(1) of the

Captive Wildlife Regulation or any other part of wildlife, record

(

i) a description of the part or product,

including the species and registration numbers of the animals from which it

came and its weight and tag number if it has or had a tag number,

(ii) the name, address and, if applicable,

the big game farm product buyer permit number or the game animal production

farm licence number of the person from whom the part or product was

received or to whom it was disposed of, and

(iii) the date the transaction occurred,

and

(

b) before the 5th day of each month, submit to the

Director of Wildlife a copy of the records referred to in clause (

a) made

in the previous month.

Wildlife rehabilitation permit

7(1) A wildlife rehabilitation permit may be issued to an adult

resident, a body incorporated, registered or continued under the Business

Corporations Act or a body incorporated under the Societies Act that

(

a) proposes to operate a wildlife rehabilitation

facility primarily for the purpose of rehabilitating injured, diseased or

orphaned wildlife or any other wildlife that is not fully capable of

surviving in the wild, and

(

b) submits a plan that is approved in relation to that

facility in accordance with

section 9 of the Captive Wildlife Regulation.

(2) A plan under subsection (1) must name a veterinarian whose

services will be available to care for animals held under the permit.

(3) Where conditions for completing and submitting records are

specified in the plan referred to in subsection (1), the holder of a

wildlife rehabilitation permit shall complete and submit to the Director

of Wildlife, in accordance with those conditions, records of animals

possessed under the permit, the disposition of the animals and any other

information required by those conditions.

Section 9(

a) is amended by striking out "resident".

Section 16(1)(

d) is repealed.

8 In the Schedule, Forms WA 283 and 284 are repealed.

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

Alberta Regulation 18/97

Wildlife Act

GENERAL WILDLIFE (MINISTERIAL) AMENDMENT REGULATION

Filed: January 15, 1997

Made by the Minister of Environmental Protection (M.O. 78/96) pursuant to

sections 25(2) and 97 of the Wildlife Act.

1 The General Wildlife (Ministerial) Regulation (Alta. Reg. 95/87) is

amended by this Regulation.

Section 1(1) is amended by adding the following after clause (d):

(d.1) "record", used as a verb, means make a record of, in a form

that is susceptible to inspection by an enforcement authority;

3 The following is added after

section 8:

Idem - transferability of permit

8.1 With reference to

section 23 of the Act, a permit to possess

found dead wildlife may be transferred if

(

a) the transfer is approved by the Minister,

(

b) the fee prescribed in Item 4.1 of

Part 5 of

Schedule 5 to the General Wildlife Regulation is paid, and

(

c) there is no consideration for the transfer.

4 Sections 12 and 13 are repealed and the following is substituted:

Duties of holder of fur dealer permit

12 The holder of a fur dealer permit shall, forthwith after taking

possession of any wildlife, record

(

a) the date possession of the wildlife was taken,

(

b) the name and address of the person who killed the

wildlife,

(

c) if applicable, the number of the licence under

which the wildlife was killed, and

(

d) the kind and number of wildlife animals taken into

possession.

Duties of holder of taxidermy, tannery permits, etc.

13(1) The holder of a tannery permit shall, forthwith after taking

possession of a moose, elk, white-tailed deer, mule deer or antelope,

record

(

a) the name and address of the person who delivered

the animal into that person's possession, and

(

b) a description of the animal, including its sex.

(2) The holder of a taxidermy permit who takes possession of any

wildlife, or the holder of a tannery permit who takes possession of any

wildlife animal other than one mentioned in subsection (1), or a person who

possesses any wildlife that belongs to another person for the purposes of

butchering, skinning, dressing or plucking the wildlife shall, forthwith

after taking possession of the wildlife, record

(

a) the date possession of the wildlife was taken,

(

b) the name and address of the person who delivered

the wildlife into that person's possession,

(

c) the name and address of the person who killed the

wildlife and the wildlife certificate number,

(

d) the number of the licence under which the wildlife

was killed and the tag number, if applicable,

(

e) a description of the wildlife that, in the case of

a big game animal, includes its sex, and

(

f) the name of the individual person who recorded the

information.

(3) The holder of a taxidermy permit or a tannery permit shall, on

the day he purchases the skin of a fur-bearing animal from the holder of a

class 1 fur dealer permit, record the information described in

section

Section 14 is amended

(

a) by repealing the portion preceding clause (

a) and substituting

the following:

Retention of recorded information

14 A person required to record information under

section 12

or 13 shall retain the recorded information or a copy of it,

(

b) by striking out "form is completed" and substituting

"information is recorded".

Section 15 is amended

(

a) in subsection (1) by striking out "an adult resident" and

substituting "anyone other than a non-resident, a non-resident alien or a

corporation other than one incorporated under the Societies Act";

(

b) in subsection (2)(

b) by striking out "August 31" and

substituting "June 30".

Section 26(1.1) is amended by striking out "before the next following

March 15" and substituting "within 30 days after the close of the open

season in which the animal was killed or, if the animal was killed outside

the open season or if there is no open season for it, within 30 days after

the date the animal was killed".

Section 29 is amended

(

a) by repealing subsection (1) and substituting the following:

Registration for Sale

29(1) Subject to subsection (2), the processed skin of a

grizzly bear or cougar or the horns or antlers of a big game animal may be

registered for sale by the person who killed the animal under the authority

of a recreational licence.

(

b) in subsection (2) by adding "or" at the end of clause (b), by

striking out ", and" at the end of clause (

c) and by repealing clause (d).

Section 8(1) of

Schedule 1 is amended

(

a) in clause (d)(i)

(

i) by striking out "524, 525,";

(ii) by striking out "534, 535, 536, 537,";

(iii) by striking out "4 lynx" wherever it occurs and

substituting "6 lynx";

(iv) by striking out "2 lynx" and substituting "3 lynx";

(

v) by striking out "2 additional lynx" and

substituting "3 additional lynx";

(

b) by striking out "or" following clause (d)(i);

(

c) by adding the following after clause (d)(i):

(i.1) in WMUs 524, 525, 534, 535, 536 and 537

(

A) after 7 lynx have been taken in that

registered fur management area, or

(

B) if the area of the registered fur

management area exceeds 72 square miles, after 7 lynx have been taken plus

an additional 4 lynx for each 36 square miles of area in excess of 72

square miles of area plus 4 additional lynx for any remaining area of less

than 36 square miles, have been taken in that registered fur management

area,

(

d) in clause (d)(ii)

(

i) by striking out "3 lynx" wherever it occurs and

substituting "4 lynx";

(ii) by striking out "one additional lynx" wherever it

occurs and substituting "2 additional lynx";

(

e) in clause (e)(i)

(

i) by adding "531, 532," after "529,";

(ii) by striking out "5 fisher" wherever it occurs and

substituting "7 fisher";

(iii) by striking out "3 fisher" and substituting "4

fisher";

(iv) by striking out "3 additional fisher" and

substituting "4 additional fisher";

(

f) in clause (e)(ii)

(

i) by striking out "fur management zone 3 or";

(ii) by striking out "350, 351,";

(

g) by adding the following after clause (e)(ii):

(ii.1) in fur management zone 3 and WMUs 350 and 351

(

A) after 6 fisher have been taken in that

registered fur management area, or

(

B) if the area of the registered fur

management area exceeds 72 square miles, after 6 fisher have been taken

plus an additional 2 fisher for each 36 square miles of area in excess of

72 square miles of area plus 2 additional fisher for any remaining area of

less than 36 square miles, have been taken in that registered fur

management area,

(

h) in clause (e)(iii) by striking out "531, 532,".

Schedule 3 is amended by repealing forms WA 288 and WA 289.