Alberta Gazette — documents gazette 2012 pdf 14 Jul31 Part2.pdf

documents gazette 2012 pdf 14 Jul31 Part2.pdf

Alberta — Gazette

Alberta Regulation 120/2012

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN (2012 CONTRIBUTION RATE

INCREASE) AMENDMENT REGULATION

Filed: July 3, 2012

For information only: Made by the Public Service Pension Board on June 21, 2012

pursuant to

section 5(2) of

Schedule 2 of the Public Sector Pension Plans Act.

1 The Public Service Pension Plan (AR 368/93) is amended

by this Regulation.

Section 13(1) is amended

(

a) in clause (

a) by striking out "9.9%" and substituting

"11.70%";

(

b) in clause (

b) by striking out "14.14%" and

substituting "16.72%".

Section 15(1) is amended

(

a) in clause (

a) by striking out "9.9%" and substituting

"11.70%";

(

b) in clause (

b) by striking out "14.14%" and

substituting "16.72%".

4 This Regulation comes into force on January 1, 2013.

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

Alberta Regulation 121/2012

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: July 4, 2012

For information only: Made by the Energy Resources Conservation Board on June

27, 2012 pursuant to

section 10(1)(

b) of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulations (AR 151/71)

are amended by this Regulation.

Section 1.020(2) is amended

(

a) in definition 5.11 by striking out "EUB's" and

substituting "ERCB's";

(

b) in definition 5.14 by adding "and Liability Costs" after

"Parameters";

(

c) by adding the following after definition 5.14:

5.141. "Directive 024" means Directive 024: Large Facility

Liability Management Program;

(

d) by adding the following after definition 5.2:

5.21. "Directive 068" means Directive 068: ERCB Security

Deposits;

3 The following is added after

section 1.100:

1.200 A licensee must comply with the requirements set out in

Directives 001, 006, 011, 024, 068 and 075 published by the Board,

as applicable.

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

Alberta Regulation 122/2012

Judicature Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: July 12, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 228/2012)

on July 11, 2012 pursuant to

section 28.1 of the Judicature Act.

1 The Alberta Rules of Court (AR 124/2010) are amended

by this Regulation.

2 Rule 2.11 is amended by striking out "The following" and

substituting "Unless otherwise ordered by the Court, the following".

3 Rule 3.10 is repealed and the following is substituted:

Application of

Part 4 and

Part 5

3.10(1) Subject to subrule (2),

Part 4 and

Part 5 do not apply to an

action started by originating application unless the parties otherwise

agree or the Court otherwise orders.

(2) The rules in Divisions 2, 4, 5 and 6 of

Part 4 and rules 4.1, 4.2(

a) and (

d) and 4.36 apply, with all necessary modifications, to actions

started by originating application unless the Court otherwise orders.

4 Rule 3.35 is amended by adding the following after

subrule (2):

(3) If a lawyer files a statement of claim on behalf of a plaintiff, no

judgment or order may be obtained by agreement of the parties

unless the plaintiff's lawyer of record is a party to the agreement or

consents to the agreement.

(4) If a plaintiff

(

a) files a statement of claim in person or by a lawyer who has

ceased to be the plaintiff's lawyer of record, or

(

b) is not represented by a lawyer of record,

no judgment or order may be obtained by agreement of the parties

unless the plaintiff's agreement, with an affidavit of execution, is

filed with the application for the judgment or order.

5 Rule 3.66 is repealed and the following is substituted:

Costs

3.66(1) Subject to subrule (2), the costs, if any, as a result of an

amendment to a pleading are to be borne by the party filing the

amendment unless

(

a) the amendment is a response to an amended pleading, or

(

b) the Court otherwise orders.

(2) The costs of a contested application to amend a pleading are in

the discretion of the Court, in accordance with rule 10.29.

6 Rule 5.6(1) is repealed and the following is substituted:

Form and content of affidavit of records

5.6(1) An affidavit of records must

(

a) be in Form 26, and

(

b) disclose all records that

(

i) are relevant and material to the issues in the action, and

(ii) are or have been under the party's control.

7 Rule 9.2(2)(b)(ii) is amended by striking out "and apply to

the Court to set the terms of the judgment or order" and substituting

", providing particulars of the objection".

8 Rule 9.15 is amended

(

a) in subrule (1)(

a) by striking out "parties" and

substituting "affected persons";

(

b) in subrule (1)(

b) by striking out "a party" and

substituting "an affected person";

(

c) by repealing subrule (3) and substituting the

following:

(3) The Court may, on any terms the Court considers just,

(

a) permit a defence to be filed by a party who has been

noted in default,

(

b) set aside, vary or discharge a judgment granted upon

application against a defendant who was noted in

default, or whose statement of defence was struck out

under rule 3.37, or

(

c) set aside, vary or discharge a judgment entered in

default of defence by the plaintiff for the recovery of

property under rule 3.38, or for a debt or liquidated

demand under rule 3.39.

9 Rule 11.25(2) is amended

(

a) in clause (

a) by adding "or affidavit" after "a document"

and by striking out "or" at the end of the clause;

(

b) by adding ", and" at the end of clause (

b) and adding

the following after clause (b):

(

c) the person served with the commencement document is

also served with a copy of the order permitting service

outside Canada.

10 Rule 12.16 is amended by adding the following after

subrule (3):

(4) Despite subrules (1) to (3), an application under

section 80.1 of

the Family Law Act may be started by filing in accordance with rule

70.1(2) of the Surrogate Rules (AR 130/95), and in that case the

procedure for the application is governed by the Surrogate Rules.

11 Rule 12.17 is amended by striking out "rule 12.16" and

substituting "rule 12.16(1) and (2)".

12 In the following provisions "2 years" is struck out and "3

years" is substituted:

rule 15.4(1)(

a) and (2)(c);

rule 15.15(2).

Schedule A, Division 1 is amended in Form 44 by

striking out "BILL OF COSTS PREPARED BY" and

substituting "BILL OF COSTS OF".

Schedule A, Division 2 is amended

(

a) before Form FL-1 by striking out

"Claim 12.16 FL-10" and substituting

"Claim 12.16(1) FL-10";

(

b) in Form FL-10 by striking out the words below

"COURT LOCATION (Provincial Court)" and above

"NOTICE TO THE RESPONDENT(S):" and

substituting the following:

APPLICANT(

S) ADDRESS FOR SERVICE AND

CONTACT INFORMATION

FOR THE APPLICANT(

S) RESPONDENT(

S) LAST KNOWN ADDRESS AND

CONTACT INFORMATION

FOR THE RESPONDENT(

S) DOCUMENT CLAIM - Family Law Act

(

c) in Form FL-23 by repealing item 9 and substituting

the following:

9. There are ____ children of the marriage, as defined by the

Divorce Act (Canada), namely:

(List all dependent children involved in this proceeding, even

if no claims are being made in relation to those children.)

________, born _____, living with (name, relationship to

child) , at (city, province and country where child resides) ;

________, born _____, living with (name, relationship to

child) , at (city, province and country where child resides) ;

(

d) in Form FL-24 by repealing item 6 and substituting

the following:

6. There are ____ children of the marriage, as defined by the

Divorce Act (Canada), namely:

(List all dependent children involved in this proceeding, even

if no claims are being made in relation to those children.)

________, born _____, living with (name, relationship to

child) , at (city, province and country where child resides) ;

________, born _____, living with (name, relationship to

child) , at (city, province and country where child resides) ;

(

e) in Form FL-30 by repealing item 7 and substituting

the following:

7. This Order remains in effect up to and including the

______________ day of ______________, 20___. This

matter will be back before the Court on that day at 10:00 a.m.

so that the Court may consider whether to renew the Order

for a further period of time. If the Respondent wishes to

appear on that date, the Respondent shall file with this

Honourable Court such affidavits as the Respondent intends

to rely on. The Respondent shall arrange for a process server

or other neutral third party to serve the filed affidavits on the

Applicant by leaving a copy with the Applicant or leaving a

copy, addressed to the Applicant, at the Applicant's address

for service at least 24 hours prior to the hearing. If the

Respondent does not appear, an order may be granted in the

Respondent's absence.

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

Alberta Regulation 123/2012

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: July 12, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 235/2012)

on July 11, 2012 pursuant to sections 16, 17 and 18 of the Government Organization

Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 80/2012) is amended by this Regulation.

Section 7 is amended

(

a) by adding the following after subsection (4):

(4.1) The responsibility for that part of the public service

associated with the parts of the appropriations transferred under

subsection (6.1) is transferred to the Minister of Enterprise and

Advanced Education.

(

b) by adding the following after subsection (6):

(6.1) The responsibility for the administration of the unexpended

balance of the following parts of the 2012-13 Government

appropriation for Human Services is transferred to the Minister

of Enterprise and Advanced Education:

(

a) program 1, Ministry Support Services:

(

i) the portions of element 1.3, Strategic Corporate

Services, and element 1.4, Communications,

related to the parts of the appropriation transferred

under subsection (6)(b), (

c) and (

d) and clauses (

b) and (

c) of this subsection;

(ii) the portion of element 1.4, Communications,

related to Socio-Economic Statistics;

(

b) program 2, Employment:

(

i) the portion of element 2.1, Program Planning and

Delivery, related to the Workforce Participation

Branch;

(ii) the portions of element 2.12, Career Development

Services, and element 2.16, Training for Work,

related to Socio-Economic Statistics;

(iii) element 2.17, Workforce Partnerships:

(

A) the portion related to the Labour Force

Development Branch;

(

B) the portion related to the Workforce

Participation Branch;

(

c) program 11, Workplace Standards: the portion of

element 11.4, Labour Relations, related to the Labour

Force Development Branch.

Section 8 is amended

(

a) in subsection (1)

(

i) in clause (

j) by striking out "section 19" and

substituting "sections 19 and 41.1(a)";

(ii) in clause (

w) by striking out "section 1.1" and

substituting "sections 1.1 and 86.2(a)";

(

b) by adding the following after subsection (2):

(2.1) The responsibility for the following enactments is

transferred to the common responsibility of the Minister of

Environment and Sustainable Resource Development and the

Minister of Justice and Solicitor General:

(

a) section 41.1(

a) of the Fisheries (Alberta) Act;

(b)

section 86(2)(

a) of the Wildlife Act.

Section 9 is amended

(

a) by repealing subsection (3) and substituting the

following:

(3) The powers, duties and functions of the Minister in the

Alberta Aids to Daily Living and Extended Health Benefits

Regulation (AR 236/85) are transferred to the common

responsibility of the Minister of Health and the Minister of

Human Services.

(

b) by adding the following after subsection (5):

(5.1) Notwithstanding

section 10(7), the responsibility for that

part of the public service associated with the parts of the

appropriations transferred under subsection (8) is transferred to

the Minister of Health.

(

c) in subsection (6) by adding "the administration of"

after "responsibility for";

(

d) by adding the following after subsection (7):

(8) Notwithstanding

section 10(8)(a), the responsibility for the

administration of the unexpended balance of that portion of

element 10.1, Program Support, of Program 10, Disability

Support Programs, related to program 12, Alberta Aids to Daily

Living, of the 2012-13 Government appropriation for Seniors is

transferred from the Minister of Human Services to the Minister

of Health.

Section 10 is amended

(

a) by adding the following after subsection (7):

(7.1) Notwithstanding sections 7(4), 9(5) and 13(3), the

responsibility for that part of the public service associated with

the parts of the appropriations transferred under subsections

(7.2), (7.3) and (8.1) is transferred to the Minister of Human

Services.

(7.2) Notwithstanding

section 7(6)(d)(i), the responsibility for

the administration of the unexpended balance of that portion of

element 14.1, Immigration Policy Support, of program 14,

Immigration Delivery, related to Settlement and Integration, of

the 2012-13 Government appropriation for Human Services is

transferred from the Minister of Enterprise and Advanced

Education to the Minister of Human Services.

(7.3) Notwithstanding

section 13(4), the responsibility for the

administration of the unexpended balance of that portion of

Program 1, Ministry Support Services, related to element 7.3,

Public Trustee, of program 7, Justice Services, of the 2012-13

Government appropriation for Justice is transferred from the

Minister of Justice and Solicitor General to the Minister of

Human Services.

(

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

(8.1) Notwithstanding

section 9(7), the responsibility for the

administration of the unexpended balance of the following parts

of the 2012-13 Government appropriation for Seniors is

transferred from the Minister of Health to the Minister of Human

Services:

(

a) program 1, Ministry Support Services: the portions

related to the parts of the appropriation transferred

under clauses (b), (

c) and (d);

(

b) program 2, Seniors Lodge Assistance and Supportive

Living: the portions of element 2.1, Program Support,

related to

(

i) program 10, Disability Support Programs, except

the portion of element 10.1, Program Support,

related to program 12, Alberta Aids to Daily

Living;

(ii) program 11, Assured Income for the Severely

Handicapped;

(iii) element 13.1, Program Support, of program 13,

Community Support Programs;

(iv) program 14, Support to Persons with

Developmental Disabilities;

(

v) program 15, Public Guardian Services;

(

c) program 10, Disability Support Programs: element 10.2,

Brain Injury Initiative/Other Disability Supports;

(

d) program 12, Alberta Aids to Daily Living: that portion

of element 12.1, Grants, related to Residential Access

Modification.

Section 14 is amended

(

a) by repealing subsection (1)(a);

(

b) by repealing subsection (2) and substituting the

following:

(2) The responsibility for the Alberta Housing Act is transferred

to the responsibility of the Minister of Municipal Affairs.

(

c) by repealing subsection (4) and substituting the

following:

(4) The responsibility for

section 1 of

Schedule 13 to the

Government Organization Act is transferred to the responsibility

of the Minister of Municipal Affairs.

(

d) by adding the following after subsection (6):

(7) Notwithstanding

section 9(5), the responsibility for that part

of the public service associated with the parts of the

appropriations transferred under subsection (8) is transferred to

the Minister of Municipal Affairs.

(8) Notwithstanding

section 9(7), the responsibility for the

administration of the unexpended balance of the following parts

of program 2, Seniors Lodge Assistance and Supportive Living,

of the 2012-13 Government appropriation for Seniors is

transferred from the Minister of Health to the Minister of

Municipal Affairs:

(

a) element 2.2, Seniors Lodge Assistance Grants;

(

b) the portion of element 2.4, Supportive Living Program

Delivery, related to element 2.2, Seniors Lodge

Assistance Grants.

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

Alberta Regulation 124/2012

Traffic Safety Act

MOTOR VEHICLE DOCUMENT EXPIRY DATE EXTENSION REGULATION

Filed: July 13, 2012

For information only: Made by the Minister of Transportation (M.O. 25/12) on July

13, 2012 pursuant to

section 64 of the Traffic Safety Act.

Extension of expiry date

1 Notwithstanding

Part 1, Division 5 and

Part 2 Divisions 3 and 5 of

the Operator Licensing and Vehicle Control Regulation

(AR 320/2002), any motor vehicle document, other than a financial

responsibility card, that has expired or will expire on or after July 1,

2012 is deemed to be a subsisting motor vehicle document and

continues in effect for a period of time as determined by the Minister.

Non-application

Section 1 does not apply to a motor vehicle document, other than a

financial responsibility card, that was suspended or cancelled on or

after July 1, 2012.

Authority to suspend or cancel

3 This Regulation does not affect the authority of the Minister or the

Registrar to suspend or cancel a motor vehicle document.

Expiry

4 This Regulation expires on December 31, 2012.

Document details

Collection	Alberta — Gazette
Citation	documents gazette 2012 pdf 14 Jul31 Part2.pdf
Type	gazette
Volume / chapter	documents gazette 2012 pdf 14 Jul31 Part2.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	39e89ca837eeb6cbb58d8a00c7b2850200e4f664

Source file is stored in the law ingest library (json).