Alberta Gazette — 31 May 2007 (Part II)
31 May 2007
Alberta — Gazette
Alberta Regulation 94/2007
Marketing of Agricultural Products Act
ALBERTA SHEEP AND WOOL COMMISSION PLAN
AMENDMENT REGULATION
Filed: May 2, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 202/2007)
on May 2, 2007 pursuant to
section 23 of the Marketing of Agricultural Products Act.
1 The Alberta Sheep and Wool Commission Plan
Regulation (AR 263/2001) is amended by this Regulation.
Section 1(o)(
i) is amended by striking out "breeds, raises,
feeds or".
Section 5(1)(
c) is amended by adding "(a.1)," after "10(a),".
Section 7(3) is repealed.
Section 9(1) is amended
(
a) in clause (
g) by striking out "general orders" and
substituting "administrative orders and directives";
(
b) by adding the following after clause (j):
(
k) may retain earnings and revenues from year to year to
finance this Plan.
Section 11(
c) is amended by adding "or special Commission
meeting held under
section 26.1" after "meeting".
Section 14 is repealed.
Section 16 is amended by striking out "Unless otherwise
changed pursuant to a motion passed at an annual Commission
meeting, the" and substituting "The".
Section 20(3) is amended by adding "or because of the
operation of
section 33.1" after "this section".
Section 24(2)(
b) is amended by adding "and a copy of the
budget for the current year" after "year".
Section 26 is amended by striking out "or" at the end of
clause (b), by adding "or" at the end of clause (
c) and by
adding the following after clause (c):
(
d) when the Commission determines that a special Commission
meeting should be held.
12 The following is added after
section 26:
Special Commission meeting
26.1(1) If the Commission determines that a special Commission
meeting should be held, the Commission may direct that a special
zone meeting be held in respect of each zone.
(2) Section 25 applies, with the necessary modifications, to a
special Commission meeting.
Section 29 is amended
(
a) in clause (
a) by striking out "18" and substituting
"12";
(
b) in clause (
e) by striking out "18" and substituting
"12".
Section 30(3) is amended
(
a) by adding "on August 31 of the year in which an election
for directors is to be held" after "producers" in the words
preceding clause (a);
(
b) in clause (
a) by adding "statutory" before "declaration".
Section 33 is amended
(
a) in subsection (1) by adding ", or the representative of an
eligible producer appointed in accordance with
section 31,"
after "producer";
(
b) in subsection (4) by striking out "one year" and
substituting "18 months".
16 The following is added after
section 33:
Ineligibility to serve as director
33.1 A person is not eligible to be elected as a director or to
continue to hold the office of director if that person
(
a) as of the date of the election is under 18 years of age,
(
b) is a dependent adult as defined in the Dependent Adults Act
or is the subject of a certificate of incapacity under that Act,
(
c) is a formal patient as defined in the Mental Health Act,
(
d) has been found to be a person of unsound mind by a court
elsewhere than in Alberta,
(
e) has the status of a bankrupt, or
(
f) ceases to reside in the zone that he or she was elected to
represent.
Section 34 is amended
(
a) in subsection (2) by striking out "annual zone meeting"
and substituting "annual or special zone meeting at which
the election is held";
(
b) in subsection (4)(
a) by adding "or at a special zone
meeting called for that purpose pursuant to
section 36(5)(a)"
after "meeting";
(
c) in subsection (5) by striking out "The candidate" and
substituting "Subject to subsection (5.1), the candidate";
(
d) by adding the following after subsection (5):
(5.1) Where after the ballots are counted it is determined
(
a) that there is a tie for the largest number of votes among
3 or more candidates, the returning officer must conduct
further votes in respect of those candidates until such
time as
(
i) one of those candidates receives the largest
number of votes and is therefore elected to the
position of director to represent the zone, or
(ii) there is a tie for the largest number of votes
between 2 of those candidates, in which case
clause (
b) applies to determine the person elected
to the position of director to represent the zone,
(
b) that there is a tie for the largest number of votes
between 2 candidates, the returning officer must draw
from the names of those 2 candidates the name of one of
them, and the person whose name is drawn is elected to
the position of director to represent the zone.
Section 39 is amended by striking out "February 28, 2007"
and substituting "February 28, 2012".
19 The
Schedule is amended in
section 2
(
a) in clause (d)(ix) by striking out "No. 22";
(
b) in clause (
e) by adding the following after
subclause (xiii):
(xiv) Lakeland County;
(
c) in clause (
f) by repealing subclause (
v) and
substituting the following:
(
v) Brazeau County;
(
d) in clause (g)
(
i) by repealing subclause (iv) and substituting
the following:
(iv) Clear Hills County;
(ii) by repealing subclause (viii) and substituting
the following:
(viii) Northern Sunrise County;
Alberta Regulation 95/2007
Mines and Minerals Act
OIL SANDS ROYALTY REGULATION, 1997 AMENDMENT REGULATION
Filed: May 2, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 203/2007)
on May 2, 2007 pursuant to
section 36 of the Mines and Minerals Act.
1 The Oil Sands Royalty Regulation, 1997 (AR 185/97) is
amended by this Regulation.
Section 1(
j) is amended by striking out "section 17(1)(b)(i)"
and substituting "section 17(1)(d)(i)".
Section 17(1) is repealed and the following is
substituted:
Project description
17(1) A description or amended description specified for a Project
under
section 16(2)(a)(
i) or (b)(i)
(
a) must correspond to a scheme or operation approved
under the Oil Sands Conservation Act,
(
b) subject to clause (c), must not include any processing
plant, well or other facility not approved for
development under the Oil Sands Conservation Act,
(
c) may include wells and related transportation and
measurement facilities not presently approved for
development under the Oil Sands Conservation Act if
the wells and facilities are on lands expressly
contemplated for future development by the approval
under the Oil Sands Conservation Act, and
(
d) must include a description of
(
i) the area and strata from which oil sands may be
recovered pursuant to the Project,
(ii) the surface areas occupied by the Project, and
(iii) the facilities included in the Project.
Section 40 is amended by striking out "2007" and
substituting "2009".
Alberta Regulation 96/2007
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS AUTHORIZATION
AMENDMENT REGULATION
Filed: May 8, 2007
For information only: Made by the Alberta Agricultural Products Marketing Council
on April 18, 2007 pursuant to sections 26 and 27 of the Marketing of Agricultural
Products Act and approved by the Minister of Agriculture and Food.
1 The Alberta Chicken Producers Authorization Regulation
(AR 80/93) is amended by this Regulation.
Section 3.1 is amended by striking out "May 31, 2007" and
substituting "May 31, 2012".
--------------------------------
Alberta Regulation 97/2007
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS MARKETING
AMENDMENT REGULATION
Filed: May 8, 2007
For information only: Made by Alberta Chicken Producers on April 18, 2007
pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act and
approved by the Agricultural Products Marketing Council on April 19, 2007.
1 The Alberta Chicken Producers Marketing Regulation
(AR 3/2000) is amended by this Regulation.
Section 28.1(11) is amended
(
a) in clause (
b) by striking out "5 years" and
substituting "7 years";
(
b) in clause (
c) by striking out "5 years" and
substituting "7 years";
(
c) in clause (
d) by striking out "5-year period" and
substituting "7-year period".
Alberta Regulation 98/2007
Traffic Safety Act
COMMERCIAL VEHICLE CERTIFICATE AND INSURANCE
(EXTENSION 2007) AMENDMENT REGULATION
Filed: May 15, 2007
For information only: Made by the Minister of Infrastructure and Transportation
(M.O. 09/07) on May 11, 2007 pursuant to
section 156 of the Traffic Safety Act.
1 The Commercial Vehicle Certificate and Insurance
Regulation (AR 314/2002) is amended by this Regulation.
Section 66 is amended by striking out "2007" and
substituting "2010".
--------------------------------
Alberta Regulation 99/2007
Traffic Safety Act
COMMERCIAL VEHICLE CARRIER PROFILE REGULATION
Filed: May 15, 2007
For information only: Made by the Minister of Infrastructure and Transportation
(M.O. 10/07) on May 11, 2007 pursuant to
section 156 of the Traffic Safety Act.
Table of Contents
Definitions
2 Establishing and maintaining carrier profiles
3 Contents of carrier profiles
4 Changing information in carrier profiles
5 Notification about carrier profile changes
6 Availability of information on the carrier profile
7 Transitional provision
8 Repeal
9 Expiry
Definitions
1 In this Regulation,
(a) "jurisdiction outside Alberta" has the same meaning as it has
in the Commercial Vehicle Certificate and Insurance
Regulation (AR 314/2002);
(b) "registered owner" has the same meaning as it has in the
Commercial Vehicle Certificate and Insurance Regulation
(AR 314/2002);
(c) "safety fitness certificate" has the same meaning as it has in
the Commercial Vehicle Certificate and Insurance
Regulation (AR 314/2002);
(d) "safety fitness rating" means the safety fitness rating
assigned by the Registrar under the Commercial Vehicle
Certificate and Insurance Regulation (AR 314/2002);
(e) "safety laws" has the same meaning as it has in the
Commercial Vehicle Certificate and Insurance Regulation
(AR 314/2002).
Establishing and maintaining carrier profiles
2(1) For the purpose of monitoring the activities and safety record of
carriers, the Registrar
(
a) must establish and maintain a carrier profile for each person
who is issued a safety fitness certificate under the
Commercial Vehicle Certificate and Insurance Regulation
(AR 314/2002), and
(
b) may establish and maintain a carrier profile for any other
person who has operated, operates or may operate a
commercial vehicle.
(2) The carrier profile may be maintained in electronic or paper form,
or both.
Contents of carrier profiles
3 Subject to
section 4, a carrier profile must contain at least the
following information that is assigned by, provided to or obtained by
the Registrar:
(
a) a record of any conviction of safety laws by the registered
owner or by a driver employed or engaged by the registered
owner;
(
b) a record of any collision involving a commercial vehicle
owned or operated by the registered owner, including
collisions in a jurisdiction outside Alberta;
(
c) a record of any administrative penalty imposed on the
registered owner, or a driver employed or engaged by the
registered owner, in Alberta or in a jurisdiction outside
Alberta;
(
d) the safety fitness rating of the registered owner;
(
e) action taken against the registered owner under an enactment
by a jurisdiction outside Alberta;
(
f) notices requiring the registered owner or a person employed
or engaged by the registered owner to take an action or to
cease engaging in conduct issued under an enactment in
Alberta or in a jurisdiction outside Alberta;
(
g) any other information the Registrar considers appropriate in
order to maintain a record of safety and compliance with
safety laws by the registered owner or a person engaged or
employed by the registered owner, including, if the Registrar
considers appropriate,
(
i) written reports of occurrences or incidents recorded by a
peace officer in Alberta or in a jurisdiction outside
Alberta,
(ii) the results of an inspection conducted by a peace officer
or the Registrar under the Act, or by a governmental
authority in a jurisdiction outside Alberta, and
(iii) written records of meetings with the registered owner
and any follow-up to the meetings.
Changing information in carrier profiles
4(1) The Registrar may
(
a) remove information from a carrier profile if the information
is in error, inaccurate or no longer relevant,
(
b) remove information from a carrier profile if the Registrar is
satisfied that the registered owner was not responsible for the
incident or matter that generated the information recorded on
the profile,
(
c) include information in two or more carrier profiles if the
Registrar is satisfied that 2 or more persons are jointly or
each partially responsible for the incident or matter that
generated the information recorded on the profile, or
(
d) add information to a carrier profile if the Registrar is satisfied
that by association or employment, or by managerial or other
responsibility, a person is responsible or partly responsible
for the incident or matter that generated the information
recorded on the profile.
(2) In making a decision under subsection (1), the Registrar must have
regard to the purpose of establishing and maintaining carrier profiles
stated in
section 2(1).
Notification about carrier profile changes
5(1) When the Registrar records information in a carrier profile
against a carrier who is not either the registered owner of a commercial
vehicle to which the information relates or a driver employed or
engaged by the registered owner, the Registrar must notify the carrier
in writing, giving reasons.
(2) The carrier notified may, in writing, request the Registrar to
reconsider the decision and the Registrar may make any changes the
Registrar considers necessary and notify the applicant in writing of
(
a) the decision, with reasons, and
(
b) the applicant's right to appeal to the Board and how to make
the appeal.
Availability of information on the carrier profile
6(1) A carrier is entitled to see all the information maintained by the
Registrar on the carrier's own carrier profile.
(2) For the purposes of
section 11.1 of the Act, the Registrar may
provide to a commercial transport official for a jurisdiction outside
Alberta any commercial transport information in respect of any
commercial vehicles that are described or referred to in a carrier
profile.
Transitional provision
7 All records and other information established and maintained, in
whatever form, under the Commercial Vehicle Carrier Profile
Regulation (AR 305/2002) or the Commercial Vehicle Carrier Profile
Regulation (AR 84/2005) in order to establish a safety rating under that
regulation constitute carrier profiles established by the Registrar under
this Regulation.
Repeal
8 The Commercial Vehicle Carrier Profile Regulation (AR 84/2005)
is repealed.
Expiry
9 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on May 31, 2010.