Alberta Gazette — 15 July 2008 (Part II)
15 July 2008
Alberta — Gazette
Alberta Regulation 101/2008
Traffic Safety Act
BILL OF LADING AND CONDITIONS OF CARRIAGE
AMENDMENT REGULATION
Filed: June 17, 2008
For information only: Made by the Minister of Transportation (M.O. 31/08) on June
9, 2008 pursuant to
section 156 of the Traffic Safety Act.
1 The Bill of Lading and Conditions of Carriage Regulation
(AR 313/2002) is amended by this Regulation.
Section 19 is amended by striking out "2008" and
substituting "2013".
--------------------------------
Alberta Regulation 102/2008
Tourism Levy Act
TOURISM LEVY (MINISTERIAL) REGULATION
Filed: June 18, 2008
For information only: Made by the Minister of Finance and Enterprise
(M.O. 01/2008) on April 28, 2008 pursuant to
section 7.2(3) of the Tourism Levy Act.
Small amounts owing or for refund
1 The amount prescribed for the purposes of
section 7.2 of the
Tourism Levy Act is $20.
--------------------------------
Alberta Regulation 103/2008
Municipal Government Act
AQUEDUCT UTILITIES CORPORATION REGULATION
Filed: June 24, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 270/2008)
on June 24, 2008 pursuant to
section 603 of the Municipal Government Act.
Table of Contents
Definitions
2 Application of Act
3 Exemption from Public Utilities Act
4 Dispute resolution
5 Provision of extra-provincial services
6 Expiry
Definitions
1 In this Regulation,
(a) "Act" means the Municipal Government Act;
(b) "public utility" means a system or works used to provide the
following for public consumption, benefit, convenience or
use:
(
i) water;
(ii) sewage disposal;
(iii) solid waste management.
Application of Act
2(1) Subject to subsection (2), sections 43 to 47 of the Act apply in
respect of a utility service provided by Aqueduct Utilities Corporation.
(2) Section 45(3)(
b) of the Act does not apply in respect of a public
utility owned or operated by Aqueduct Utilities Corporation.
Exemption from Public Utilities Act
Part 2 of the Public Utilities Act does not apply in respect of a
public utility that
(
a) is owned or operated by Aqueduct Utilities Corporation, and
(
b) provides a utility service within the boundaries of a
municipality that is a shareholder of Aqueduct Utilities
Corporation.
Dispute resolution
4 If there is a dispute between a regional services commission and
Aqueduct Utilities Corporation with respect to
(
a) rates, tolls or charges for a service that is a public utility,
(
b) compensation for the acquisition by the commission of
facilities used to provide a service that is a public utility, or
(
c) the commission's use of any road, square, bridge, subway or
watercourse to provide a service that is a public utility,
any party involved in the dispute may submit it to the Alberta Utilities
Commission, and the Alberta Utilities Commission may issue an order
considers appropriate.
Provision of extra-provincial services
5 Aqueduct Utilities Corporation shall not provide any utility services
outside of Alberta without the prior written approval of the Minister.
Expiry
6 This Regulation is made under
section 603(1) of the Act and is
subject to repeal under
section 603(2) of the Act.
--------------------------------
Alberta Regulation 104/2008
Unclaimed Personal Property and Vested Property Act
GENERAL REGULATION
Filed: June 24, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 272/2008)
on June 24, 2008 pursuant to
section 64 of the Unclaimed Personal Property and
Vested Property Act.
Table of Contents
Interpretation
2 Exclusions
3 Trusts
4 Exemption
5 Valuation
6 Rules respecting abandonment of personal property
7 Indication of apparent owner's interest
8 Notice to apparent owner
9 Fees and expenses
10 Costs of inspection
11 Compensation
12 Reports and records
13 Transfer of security, etc.
14 Negotiable instrument
15 Voluntary payment, transfer or delivery
16 Service
17 Registered interests in land
18 Vested interest in land
19 Administration of land
20 Identification
21 Property identification number
22 Claims
23 Application to Court of Queen's Bench
24 Expiry
25 Coming into force
Interpretation
1(1) In this Regulation,
(a) "Act" means the Unclaimed Personal Property and Vested
Property Act;
(b) "fair market value" means the fair market value of unclaimed
personal property as established in accordance with
section
5(1);
(c) "gift certificate" means a gift certificate of any sort and
includes, without limitation, a gift card, stored value card or
prepaid card that can be used to purchase goods or services at
a particular store or group of stores;
(d) "loyalty program" means a program or promotion by a
particular company in which a person acquires an interest in
tangible or intangible personal property as the result of the
person's collecting points, stamps, receipts or any other thing
that has no intrinsic monetary value except when exchanged
in accordance with the program or promotion for goods or
services, but does not include a gift certificate or retail
business credit;
(e) "retail business credit" means a credit owed by a retail
business to a consumer as a result of
(
i) the return of merchandise by the consumer to the retail
business, or
(ii) the cancellation of a transaction between the consumer
and the retail business
that may only be redeemed for goods or services.
(2) For the purposes of the Act and this Regulation, "actual costs"
means expenditures and disbursements made by a holder to a third
party for the purpose of paying, transferring or delivering to the
Minister personal property that is subject to the Act.
Exclusions
2(1) An interest in personal property acquired as a result of a person's
participation in a loyalty program does not constitute tangible or
intangible personal property for the purposes of the Act.
(2) A gift certificate does not constitute tangible or intangible personal
property for the purposes of the Act.
(3) A retail business credit does not constitute tangible or intangible
personal property for the purposes of the Act.
(4) Abandoned vehicles to which
section 69(8) or 77 of the Traffic
Safety Act applies do not constitute tangible personal property for the
purposes of the Act.
Trusts
3 Personal property in trusts governed by and personal property
distributable from trusts pursuant to the following legislation do not
constitute tangible or intangible personal property for the purposes of
the Act:
(
a) the Cemeteries Act;
(
b) the Condominium Property Act;
(
c) regulations made under
Part 11 and
section 137 of the Fair
Trading Act;
(
d) the Funeral Services Act;
(
e) the Mobile Home Sites Tenancies Act;
(
f) the Public Trustee Act;
(
g) the Real Estate Act;
(
h) the Residential Tenancies Act.
Exemption
4 The Act does not apply to the Supplementary Retirement Plan for
Public Service Managers under the Financial Administration Act.
Valuation
5(1) For the purposes of the Act and this Regulation, fair market value
is,
(
a) where the unclaimed personal property is money, the actual
amount of money in Canadian dollars, and if the money is in
a foreign currency, the Canadian dollar equivalent,
(
b) where the unclaimed personal property is a negotiable
instrument or another item that is equivalent to cash, the face
value of the instrument or item,
(
c) where the unclaimed personal property is not an item that is
equivalent to cash and has been sold by a holder or the
Minister, the proceeds received for the unclaimed personal
property, and
(
d) where the unclaimed personal property is not an item that is
equivalent to cash and is retained in its original form by the
holder, the value of the unclaimed personal property, as
determined
(
i) by a professional appraiser,
(ii) by reference to an appraisal guide,
(iii) by reference to historical records or the recorded value
of the property on a financial statement of, or prepared
for, the apparent owner, or
(iv) by any other method that the Minister considers
reasonable.
(2) For the purposes of
section 3(4)(
b) of the Act, the net value of
unclaimed personal property is determined by subtracting any fees or
charges authorized pursuant to
section 6 of the Act from the fair
market value of the unclaimed personal property.
(3) If more than one item of unclaimed personal property held by a
single holder is apparently owned by the same owner as shown in the
records of the holder, the net value of each item of unclaimed personal
property of that apparent owner must be totalled and the total is
deemed to be the net value of the unclaimed personal property of that
apparent owner for the purposes of
section 3(4)(
b) of the Act.
(4) A holder is not obligated to pay, transfer or deliver unclaimed
personal property to the Minister if
(
a) the Minister has determined that the net value of the property
is less than the amount set out in
section 3(4)(
b) of the Act,
(
b) the payment, transfer or delivery is prohibited by another
enactment or by an order or judgment of an Alberta court or a
court in a reciprocating jurisdiction as prescribed under the
Reciprocal Enforcement of Judgments Act.
Rules respecting abandonment of personal property
6(1) For the purposes of this section, "street certificate" means a
security certificate that has been endorsed in blank and may be
redeemed by the bearer of the certificate.
(2) For the purposes of
section 4(1) of the Act, the applicable periods
after which personal property is presumed to be abandoned are as
follows:
(
a) for a traveller's cheque, 15 years after issuance;
(
b) for a money order, 7 years after issuance;
(
c) subject to clause (d), for a security or any other equity
interest in a business organization, 5 years after the earlier of
the date of the first
(
i) dividend, share split or other distribution that was
unclaimed by the apparent owner, and
(ii) event or action that the apparent owner did not respond
to or complete as required;
(
d) for a street certificate, 5 years after the dissolution of the
corporation that issued the certificate if the bearer has not
redeemed the value of the certificate in a distribution of the
property of the corporation on dissolution;
(
e) for a debt of a business organization that accrues interest, 5
years after the date of the earliest payment that was
unclaimed by the apparent owner;
(
f) for a demand deposit, certificate of deposit, guaranteed
investment certificate, guaranteed investment confirmation or
other deposit made for a fixed period that has matured,
including a deposit that is automatically renewable, 5 years
after the later of
(
i) maturity, and
(ii) the date of the last indication by the apparent owner of
interest in the deposit;
(
g) for a savings or other deposit that does not have a fixed
period or does not mature, 5 years after the date of the last
indication by the apparent owner of interest in the deposit;
(
h) for an amount owed by an insurer on a life or endowment
insurance policy or an annuity that has matured or
terminated, but not including amounts owed by an insurer
pursuant to clause (
o) or (p), 3 years after the obligation to
pay arose or, in the case of a policy or an annuity payable on
proof of death, 3 years after the insured has attained, or
would have attained if living, the limiting age under the
mortality table on which the reserve is based;
(
i) for personal property of a corporation or society distributable
in the course of a dissolution under
section 228(1) of the
Business Corporations Act, or personal property of a
cooperative distributable in the course of a dissolution under
section 328 of the Cooperatives Act, one year after the date
of the dissolution;
(
j) for personal property to which
section 270 of the Companies
Act applies, one year after the personal property becomes
distributable to the member or creditor, as the case may be, if
during that time reasonable inquiry has failed to locate the
owner or apparent owner of the personal property;
(
k) for personal property received by a court as proceeds of a
class action and not distributed under the judgment, one year
after the distribution date set out in the judgment;
(
l) for personal property held by a court, government or
governmental organization, one year after the personal
property becomes distributable;
(
m) for wages or other compensation for personal services, one
year after the compensation becomes payable;
(
n) for a deposit or refund owed to a subscriber by a utility, one
year after the deposit or refund becomes payable;
(
o) subject to clause (p), personal property in a registered
retirement savings plan or a registered education savings plan
under the Income Tax Act (Canada) or other plan or account
that is qualified for tax deferral under the income tax laws of
the jurisdiction in which the plan or account is registered or
held, 3 years after the earliest of
(
i) the date of distribution or attempted distribution of the
personal property,
(ii) the date of the required distribution as stated in the plan
or the trust agreement governing the plan, and
(iii) the date, if determinable by the holder, specified in the
income tax laws of the jurisdiction in which the plan or
account is registered or held, by which the distribution
of the personal property must begin;
(
p) for money paid out of a registered retirement income fund
under the Income Tax Act (Canada), 3 years after the date of
payment although the money within the registered retirement
income fund is not, while it remains within that fund,
presumed to be abandoned;
(
q) for all other personal property, 5 years after the earlier of
(
i) the date on which the apparent owner's right to demand
the personal property arises, and
(ii) the date on which the obligation to pay or distribute the
personal property arises.
(3) Where a street certificate has dividends payable, or a stock split of
that street certificate results in additional security certificates being
issued to the apparent owner of the street certificate, those dividends or
additional security certificates may become unclaimed personal
property in accordance with subsection (2)(
c) notwithstanding that the
street certificate itself is not unclaimed personal property for the
purposes of the Act.
Indication of apparent owner's interest
7(1) For the purposes of
section 4(4)(
e) of the Act, an indication of an
apparent owner's interest in personal property includes the following:
(
a) with respect to personal property described in
section 6(2)(f),
(h), (
n) and (o), the modification by an apparent owner of an
online account relating to the personal property, if the
account requires a unique password for access;
(
b) with respect to personal property described in
section 6(2)(e),
the delivery of statements relating to the property to the
apparent owner, unless the statements are returned as
undeliverable.
(2) Where a holder holds more than one item of personal property
belonging to the same apparent owner, communication between the
apparent owner and the holder in relation to any one of those items of
personal property in the manner set out in
section 4 of the Act or in this
Regulation is an indication of the apparent owner's interest in all of the
apparent owner's personal property held by that holder.
(3) Where personal property is held by a holder pursuant to a rental
agreement between the holder and the apparent owner which requires a
regular automatic withdrawal of fees from an account belonging to the
apparent owner, the successful regular withdrawal of those fees
indicates the apparent owner's interest in the personal property unless
the account from which the fees are withdrawn has itself become
unclaimed personal property of that apparent owner.
(4) Where personal property is acquired by means of regular
automatic withdrawals of premiums by a holder from an account
belonging to the apparent owner of the personal property, the
successful regular withdrawal of those premiums indicates the interest
of the apparent owner in the personal property unless the account from
which the premiums are withdrawn has itself become unclaimed
personal property of that apparent owner.
Notice to apparent owner
8(1) Notice to an apparent owner of unclaimed personal property for
the purposes of
section 5(2)(
d) of the Act must contain
(
a) the name of the apparent owner, and
(
b) a statement that continued failure to communicate with the
holder of the unclaimed personal property will result in a
transfer of the unclaimed personal property to the Minister,
and the estimated date on which that transfer will take place.
(2) Notice to an apparent owner of unclaimed personal property for
the purposes of
section 9(3)(
d) of the Act must contain
(
a) the name of the apparent owner, and
(
b) sufficient information regarding the claim process to allow
the apparent owner to make a claim for the personal property.
(3) Where a holder of unclaimed personal property does not know the
identity of an apparent owner of the personal property, the holder is not
required to give notice to any person.
Fees and expenses
9(1) For the purposes of
section 6(1)(
b) and (2)(
b) of the Act, a fee or
charge imposed by a holder shall not exceed the actual costs of the
service provided by the holder in relation to the personal property.
(2) Costs incurred by a holder for paying, transferring or delivering
unclaimed personal property to the Minister under
section 7, 9 or 10 of
the Act may be charged against the value of the personal property if
(
a) the costs are authorized by a written contract between the
apparent owner and the holder, or
(
b) the costs are not authorized under clause (
a) but the costs are
reasonable in the opinion of the Minister and do not exceed
the actual costs of the payment, transfer or delivery of the
personal property to the Minister.
(3) Where the Minister sells unclaimed personal property in
accordance with
section 8(3)(
b) of the Act and the proceeds of sale are
less than the sum of the holder's outstanding fees and the Minister's
expenses for administering the personal property to that date, the
proceeds must be distributed between the Minister and the holder on a
pro rata basis.
(4) Where the Minister under
section 39 of the Act may charge fees
and expenses against unclaimed personal property or vested property,
the fees and expenses may be charged on a cost recovery basis.
(5) Where vested land has been transferred under
section 29 of the Act
to another Minister, and that Minister is administering the vested land
in accordance with another Act, that Minister may charge any fees and
expenses authorized by the other Act in respect of the administration of
the vested land and those fees and expenses are expenses for the
purposes of
section 39(4) of the Act.
Costs of inspection
10 Where an inspection under
section 55 of the Act discloses that a
holder was required but failed to comply with
section 7 or 9 of the Act,
the Minister may charge the costs of the inspection against the holder
on a cost recovery basis.
Compensation
11 The maximum amount of compensation that may be provided for
in an agreement under
section 44(1) of the Act to locate or recover
unclaimed personal property or vested property is 10% of the value of
the personal property or vested property recovered.
Reports and records
12(1) A report provided by a holder in accordance with
section
7(2)(b)(iii) and (
c) of the Act must include
(
a) all information relevant to the determination of the fair
market value of the unclaimed personal property to be
transferred to the Minister,
(
b) a declaration that notice was given to the apparent owner of
the unclaimed personal property in accordance with
section 5
of the Act or the reason why notice was not given,
(
c) the name of the apparent owner of the unclaimed personal
property, if known to the holder,
(
d) all information known to the holder regarding the apparent
owner that is relevant to identifying or locating the apparent
owner,
(
e) any serial number or other unique identification number that
appears on or is registered in respect of the unclaimed
personal property, and
(
f) all other information relevant to identifying the unclaimed
personal property or distinguishing it from other personal
property.
(2) Where unclaimed personal property that was held by a holder on
December 31 of any year is returned to the owner of the personal
property before the date on which a report for that year under
section 7
of the Act in respect of the personal property is required to be provided
to the Minister, the report filed under
section 7 of the Act need not
provide any information in respect of the returned property except a
statement that property was returned by the holder to an owner
between December 31 and the date of the report.
Transfer of security, etc.
13 For the purposes of
section 7(2)(e)(
i) of the Act, the transfer or
delivery of a security or a security entitlement to the Minister is
accomplished when the name of the account holder is changed from
that of the apparent owner to the Minister and the Minister is notified
of the change.
Negotiable instrument
14 Where a negotiable instrument has been transferred to the
Minister as unclaimed personal property, the Minister may endorse the
negotiable instrument in place of the apparent owner.
Voluntary payment, transfer or delivery
15(1) A holder may apply in writing to the Minister for permission to
pay, transfer or deliver personal property or vested property to the
Minister in accordance with sections 10(1)(
a) and 18(1) of the Act if
(
a) the holder is ceasing business operations and is unable to
continue to hold the personal property or vested property, or
(
b) extraordinary circumstances exist that in the opinion of the
Minister justify the payment, transfer or delivery.
(2) A holder shall not pay, transfer or deliver personal property or
vested property to the Minister under
section 10(1) or 18(1) of the Act
unless the Minister has given written permission to the holder to do so.
(3) The Minister may give permission to a holder to pay, transfer or
deliver to the Minister in accordance with
section 10(1) of the Act
intangible personal property the value of which is less than the amount
set out in
section 3(4)(
b) of the Act if
(
a) the holder completes the report required under
section 7(2) of
the Act, and
(
b) in the opinion of the Minister circumstances exist that justify
the payment, transfer or delivery.
Service
16(1) A demand by the Minister under
section 12(1) or 20(1) of the
Act, or a determination made by the Minister under
section 58(1) of
the Act, may be served on a holder by fax if the holder has provided
the Minister with a fax number.
(2) A notice to an owner of land by the Minister under
section 31(5) of
the Act accepting or disclaiming an interest in land must be served by
means of
(
a) personal service on the registered owner, or
(
b) registered mail addressed to the registered owner at the
address recorded on the certificate of title of the land.
Registered interests in land
17 For the purposes of
section 28(1)(
l) of the Act, the following
registered interests in respect of land may not be removed from the
certificate of title of the land pursuant to the Act:
(
a) a restrictive covenant;
(
b) an easement;
(
c) a party wall agreement;
(
d) an encroachment agreement;
(
e) a memorandum indicating that the land's use is restricted to
cemetery purposes.
Vested interest in land
18 Without limiting the discretion of the Minister, the factors that the
Minister may consider in deciding under
section 31(2) of the Act
whether to accept or disclaim an interest in land that has vested in the
Crown include the following:
(
a) where the interest in land was formerly owned by a
corporation, society or cooperative, the length of time that
has elapsed since the corporation, society or cooperative was
dissolved;
(
b) the value of the interest;
(
c) the administrative cost of maintaining the interest.
Administration of land
19(1) Subject to subsection (2), for the purposes of sections 29(4) and
50(1) of the Act, a Minister to whom responsibility for vested land has
been transferred must account for the revenue and expenses associated
with the vested land in accordance with
section 39(5) of the Act.
(2) The Minister responsible for the Mines and Minerals Act may
account for the revenue and expenses associated with vested interests
in respect of mines and minerals transferred to that Minister in
accordance with the processes established under that Act.
(3) For the purposes of
section 50(1) of the Act, the amount to be paid
as equivalent value by a Minister to whom vested property has been
transferred under
section 29 of the Act pursuant to a successful claim
for the property, where the property has been disposed of, is the
difference between
(
a) the proceeds from the disposition of the property, and
(
b) any fees or expenses charged by a Minister in respect of the
administration of the vested property.
(4) A sale or other disposition of vested land must be in accordance
with the provisions of
Schedule 11 to the Government Organization
Act and any applicable regulations established under that Act.
Identification
20 The prescribed form of identification that must be carried by an
authorized person for the purposes of
section 55 of the Act is an
identification card in the form required by the Minister that has been
issued by the Minister.
Property identification number
21(1) The Minister may assign a property identification number to
each item of property listed in the Registry and, if the Minister does so,
the property identification number is public information for the
purposes of
section 47(3)(
b) of the Act.
(2) For the purposes of
section 47(3)(
b) of the Act, the municipality
stated in the last known address of the apparent owner and the date on
which the property was transferred to the Minister are public
information.
Claims
22(1) The Minister may consider a claim made after the expiry of the
claim period specified in
section 48(8) of the Act where
(
a) the person making the claim was, at the time of the payment,
transfer or delivery to the Minister of the property that is the
subject of the claim,
(
i) a minor, or
(ii) a person with a mental disability or disorder,
and
(
b) the person referred to in clause (
a) did not, during the claim
period in respect of the property, have a legal representative,
guardian or other person who could have made a claim on the
person's behalf.
(2) A person may make a claim under
section 49(1)(
b) of the Act and
the Minister may consider the claim if, in addition to the requirements
section 49(1) and (9) of the Act,
(
a) the former owner of the unclaimed personal property or
vested property was a corporation or cooperative that has
been dissolved,
(
b) the person making the claim
(
i) was the sole shareholder of the corporation or the sole
member or shareholder of the cooperative at the time of
its dissolution, or
(ii) represents all of the shareholders of the corporation, or
members and shareholders of the cooperative at the time
of its dissolution, or has been granted an order by a
court in Alberta, or in a jurisdiction that is a
reciprocating jurisdiction pursuant to
section 43(2) of
the Act, stating that the person is authorized to make a
claim on behalf of the shareholders of the corporation or
members and shareholders of the cooperative,
(
c) the revival period set out in the Business Corporations Act in
respect of a dissolved corporation or the Cooperatives Act in
respect of a dissolved cooperative has elapsed and the
corporation or cooperative has not been revived, and
(
d) the person making the claim can provide evidence to show to
the satisfaction of the Minister that
(
i) the person had reasonable grounds for not causing the
corporation or cooperative to be revived within the
revival period referred to in clause (c),
(ii) injustice or great hardship to the person or others has
resulted or is likely to result if the claim is not
considered, and
(iii) there is no other person with a better entitlement to the
property that is the subject of the claim.
Application to Court of Queen's Bench
23 An application to the Court of Queen's Bench for the purposes of
section 48(13) or 49(13) of the Act must be made by originating notice
and must be served on all persons who have made a claim respecting
the unclaimed personal property or vested property that is identified in
the originating notice.
Expiry
24 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 1, 2018.
Coming into force
25 This Regulation comes into force on the coming into force of the
Unclaimed Personal Property and Vested Property Act.
--------------------------------
Alberta Regulation 105/2008
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES AND PUBLIC SERVICE PENSION PLANS
(AIMCo, 2008) AMENDMENT REGULATION
Filed: June 24, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 273/2008)
on June 24, 2008 pursuant to
Schedule 2,
section 4 and
Schedule 5,
section 4 of the
Public Sector Pension Plans Act.
Part 1
Management Employees Pension Plan
1 The Management Employees Pension Plan (AR 367/93) is
amended by this Part.
Section 2(1)(
p) is amended
(
a) by striking out "or" at the end of subclause (ii);
(
b) by adding "or" at the end of subclause (iv) and
adding the following after subclause (iv):
(
v) a person to whom
section 3(7) applies,
Section 3 is amended by adding the following after
subsection (6):
(7) A person who falls within
section 10(1)(
k) is an employee.
Section 10 is amended
(
a) by renumbering it as
section 10(1);
(
b) by adding the following at the end:
(
k) subject to subsections (3) and (4), persons who
(
i) were participants employed by the Government
immediately before July 1, 2008, became
employed by the Alberta Investment Management
Corporation (in this
section referred to as
"AIMCo") immediately thereafter and did not
complete and return to the Minister the notice
forms referred to in subsection (5) opting out of
continued participation in the Plan before the
expiry of 90 days after those forms were sent by
the Minister, or
(ii) fell within
section 10(1)(k)(
i) of the Public Service
Pension Plan (AR 368/93), remained employed by
AIMCo and subsequently, without any break in
between, obtained different employment positions
with AIMCo which, on the assumptions that they
had remained employed by the Government and
that AIMCo's constituent statute had not been
enacted, would have caused them to be participants
of this Plan rather than of the Public Service
Pension Plan,
so long as they remain continuously employed by
AIMCo.
(3) Subsection (1)(
k) applies in such a manner as to enable
persons, so long as they remain continuously employed by
AIMCo without a break, to move between this Plan and the
Public Service Pension Plan as participants of the respective
Plans indefinitely, the Plan of which they are participants at
any given time being determined based on the assumptions
referred to in subsection (1)(k)(ii).
(4) Individuals who return to the Minister the completed
notice forms under and within the 90-day period referred to in
subsection (1)(k)(
i) are deemed for all purposes of the Plan to
have done so on June 30, 2008 and those who do not return
them within that period are deemed to have returned them,
opting to remain participants, on that same date.
(5) The Minister shall, forthwith after the commencement of
this subsection, ensure that there is or has previously been sent
to each person who potentially falls within subsection (1)(k)(
i) a written notice form that, along with other relevant items,
gives the person the option to remain a participant under that
provision or to opt out of continued participation in the Plan.
Part 2
Public Service Pension Plan
5 The Public Service Pension Plan (AR 368/93) is amended
by this Part.
Section 2(1)(
p) is amended
(
a) by striking out "or" at the end of subclause (ii);
(
b) by adding "or" at the end of subclause (iv) and
adding the following after subclause (iv):
(
v) a person to whom
section 3(7) applies,
Section 3 is amended by adding the following after
subsection (6):
(7) A person who falls within
section 10(1)(
k) is an employee.
Section 10 is amended
(
a) by renumbering it as
section 10(1);
(
b) by adding the following at the end:
(
k) subject to subsections (3) and (4), persons who
(
i) were participants employed by the Government
immediately before July 1, 2008, became
employed by the Alberta Investment Management
Corporation (in this
section referred to as
"AIMCo") immediately thereafter and did not
complete and return to the Minister the notice
forms referred to in subsection (5) opting out of
continued participation in the Plan before the
expiry of 90 days after those forms were sent by
the Minister, or
(ii) fell within
section 10(1)(k)(
i) of the Management
Employees Pension Plan (AR 367/93), remained
employed by AIMCo and subsequently, without
any break in between, obtained different
employment positions with AIMCo which, on the
assumptions that they had remained employed by
the Government and that AIMCo's constituent
statute had not been enacted, would have caused
them to be participants of this Plan rather than of
the Management Employees Pension Plan,
so long as they remain continuously employed by
AIMCo.
(3) Subsection (1)(
k) applies in such a manner as to enable
persons, so long as they remain continuously employed by
AIMCo without a break, to move between this Plan and the
Management Employees Pension Plan as participants of the
respective Plans indefinitely, the Plan of which they are
participants at any given time being determined based on the
assumptions referred to in subsection (1)(k)(ii).
(4) Individuals who return to the Minister the completed
notice forms under and within the 90-day period referred to in
subsection (1)(k)(
i) are deemed for all purposes of the Plan to
have done so on June 30, 2008 and those who do not return
them within that period are deemed to have returned them,
opting to remain participants, on that same date.
(5) The Minister shall, forthwith after the commencement of
this subsection, ensure that there is or has previously been sent
to each person who potentially falls within subsection (1)(k)(
i) a written notice form that, along with other relevant items,
gives the person the option to remain a participant under that
provision or to opt out of continued participation in the Plan.
Part 3
General
9 This Regulation, except sections 4 and 8 to the extent
that they add new sections 10(5) to the Plans being
amended, comes into force on July 1, 2008.
Alberta Regulation 106/2008
Professional and Occupational Associations Registration Act
PROFESSIONAL ELECTRICAL CONTRACTORS
AMENDMENT REGULATION
Filed: June 24, 2008
For information only: Approved by the Lieutenant Governor in Council
(O.C. 274/2008) on June 24, 2008 pursuant to
section 14 of the Professional and
Occupational Associations Registration Act and made by the Electrical Contractors
Association of Alberta on January 18, 2008 pursuant to
section 14 of the Professional
and Occupational Associations Registration Act.
1 The Professional Electrical Contractors Regulation
(AR 36/2004) is amended by this Regulation.
2 The title is amended by adding "AND MASTER
ELECTRICIANS" after "CONTRACTORS".
Section 1 is amended
(
a) by repealing clause (
e) and substituting the
following:
(e) "member" means a person who is registered with the
Association's registrar under
section 3 and who holds a
valid membership card;
(e.1) "practice of electrical contracting" means the business
of erecting, installing or servicing electrical installations
or equipment;
(e.2) "practice of the electrical industry" means the carrying
out of the tasks, activities and functions identified in the
Electrician Trade Regulation (AR 274/2000);
(
b) by repealing clauses (g), (h), (
i) and (k).
Section 2 is amended by repealing subsection (1) and
substituting the following:
Registration Committee
2(1) The Registration Committee is established consisting of
(
a) one professional electrical contractor who is a Board
member,
(
b) at least 2 professional electrical contractors who are not
Board members,
(
c) one certified master electrician who is a Board member,
(
d) at least 2 certified master electricians who are not
Board members, and
(
e) at least one registered master electrician who is not a
Board member.
Section 3(1) is repealed and the following is substituted:
Registers
3(1) The Association's registrar must maintain, in accordance
with this Regulation and the bylaws and subject to the direction of
the Board, a register of each of the following:
(
a) professional electrical contractors;
(
b) certified master electricians;
(
c) registered master electricians;
(
d) student professional electrical contractors.
Section 4(1) is amended
(
a) by striking out "registered";
(
b) by adding ", 9.1, 9.2" after "9" wherever it occurs.
Section 6 is repealed and the following is substituted:
Annual membership card
6(1) On entering the name of a person in the appropriate register,
the Association's registrar must issue proof of registration to that
person in the form of a membership card.
(2) The Association's registrar must annually issue a membership
card in accordance with the bylaws to a person
(
a) whose registration is not under suspension or cancelled,
(
b) who has paid the renewal fee prescribed by the bylaws,
and
(
c) if the person is registered as a professional electrical
contractor or a certified master electrician, the person
has successfully completed
(
i) the Canadian Electrical Code,
Part 1 upgrading
course approved by the Board, or
(ii) a course the Registration Committee is satisfied is
substantively equivalent.
(3) A membership card expires one year after the date of issue.
Section 8 is repealed.
Section 9 is repealed and the following is substituted:
Registration as professional electrical contractor
9 An applicant is entitled to be registered as a professional
electrical contractor if the Registration Committee is satisfied that
the applicant
(
a) is, at the time of the initial application, registered as a
certified master electrician or a registered master
electrician,
(
b) meets any of the following requirements:
(
i) has successfully completed the course work and
examinations required by a professional education
program approved by the Board;
(ii) the applicant's qualifications are substantively
equivalent to the professional education program;
(iii) has a combination of education, practice
requirements, examinations or other qualifications
that demonstrate the competence required for
registration;
(iv) is registered in good standing with a profession in
another jurisdiction recognized by the Board as
having substantively equivalent competence and
practice requirements,
and
(
c) is of good character and reputation.
Registration as certified master electrician
9.1(1) An applicant is entitled to be registered as a certified
master electrician if the Registration Committee is satisfied that the
applicant
(
a) meets any of the following requirements:
(
i) has successfully completed
(
A) the master electrician examination developed
by the Master Advisory Committee that is
established by the Electrical Contractors
Association of Alberta, and
(
B) the ethics course approved by the Board;
(ii) has qualifications that are substantively equivalent
to the course work and examinations approved by
the Board;
(iii) has a combination of education, practice
requirements, examinations or other qualifications
that demonstrate the competence required for
registration;
(iv) is registered in good standing with a profession in
another jurisdiction recognized by the Board as
having substantively equivalent competence and
practice requirements,
(
b) has, in the 5 years preceding the application, worked a
minimum of 3 years in the practice of the electrical
industry as a certified journeyperson electrician, and
(
c) is of good character and reputation.
(2) Subsection (1)(
b) does not apply to a person who
(
a) applies to be registered within one year of the coming
into force of this section, and
(
b) meets the requirement in subsection (1)(a)(i).
Registration as registered master electrician
9.2(1) An applicant is entitled to be registered as a registered
master electrician if the Registration Committee is satisfied that the
applicant
(
a) meets any of the following requirements:
(
i) has successfully completed the master electrician
examination approved by the Board;
(ii) has a combination of education, practice
requirements, examinations or other qualifications
that demonstrate the competence required for
registration;
(iii) is registered in good standing with a profession in
another jurisdiction recognized by the Board as
having substantively equivalent competence and
practice requirements,
(
b) has, in the 5 years preceding the application, worked a
minimum of 3 years in the practice of the electrical
industry as a certified journeyperson electrician, and
(
c) is of good character and reputation.
(2) Subsection (1)(
b) does not apply to a person who
(
a) applies to be registered within one year of the coming
into force of this section, and
(
b) meets the requirement in subsection (1)(a)(i).
Section 10 is repealed and the following is substituted:
Registration as student professional electrical contractor
10(1) An applicant is entitled to be registered as a student
professional electrical contractor if the Registration Committee is
satisfied that the applicant
(
a) is working toward the requirements of
section 9(b)(i),
and
(
b) is of good character and reputation.
(2) An applicant is not entitled to be registered as a student
professional electrical contractor for more than 8 years unless the
Registration Committee is satisfied that there are extenuating
circumstances.
Section 11(1) is repealed and the following is
substituted:
Practice Review Committee
11(1) The Practice Review Committee is established consisting of
(
a) one professional electrical contractor who is a Board
member,
(
b) at least 2 professional electrical contractors who are not
Board members, one of whom must be appointed as the
chair,
(
c) one certified master electrician who is a Board member,
(
d) at least 2 certified master electricians who are not
Board members, and
(
e) at least one registered master electrician who is not a
Board member.
Section 12 is repealed and the following is substituted:
Powers and duties of Practice Review Committee
12 The Practice Review Committee may, on its own initiative, and
must, at the request of the Board, inquire into and report to and
advise the Board in respect of
(
a) the assessment and development of educational standards and
experience requirements required for registration as a
member,
(
b) the evaluation of desirable standards of competence in the
practice of electrical contracting or in the practice of the
electrical industry generally,
(
c) any other matter that the Board considers necessary or
appropriate in connection with the exercise of its powers and
the performance of its duties in relation to competence in the
practice of electrical contracting or in the practice of the
electrical industry under this Regulation, and
(
d) the practice of electrical contracting or the practice of the
electrical industry generally.
Section 13 is repealed.
Section 14 is amended
(
a) in clause (c)
(
i) by striking out "registered";
(ii) by adding "or in the practice of the electrical industry"
after "in the practice of electrical contracting";
(
b) in clause (
d) by striking out "registered".
Section 15(1) is repealed and the following is
substituted:
Discipline Committee
15(1) The Discipline Committee is established consisting of
(
a) one professional electrical contractor who is a Board
member,
(
b) at least 2 professional electrical contractors who are not
Board members,
(
c) one certified master electrician who is a Board member,
(
d) at least 2 certified master electricians who are not
Board members, and
(
e) at least one registered master electrician who is not a
Board member.
Section 22 is repealed and the following is substituted:
Use of title
22(1) A professional electrical contractor may use the title
"Professional Electrical Contractor" and the abbreviations "P.E.C."
and "PEC".
(2) A certified master electrician may use the title "Certified Master
Electrician" and the abbreviations "C.M.E." and "CME".
(3) A registered master electrician may use the title "Registered
Master Electrician" and the abbreviations "R.M.E." and "RME".
Section 23 is repealed.
18 The following provisions are amended by striking out
"registered" wherever it occurs:
section 7;
section 17;
section 18;
section 19;
section 21.
Alberta Regulation 107/2008
Dairy Industry Act
DAIRY INDUSTRY AMENDMENT REGULATION
Filed: June 24, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 275/2008)
on June 24, 2008 pursuant to
section 39 of the Dairy Industry Act.
1 The Dairy Industry Regulation (AR 139/99) is amended
by this Regulation.
Schedule 2 is amended in the 2nd row
(
a) in the 2nd column by adding "or individual bacteria
count" after "Total living mesophyllic aerobic bacteria
count";
(
b) in the 3rd column by striking out "Producer: maximum
50 000 total living mesophyllic aerobic bacteria per ml" and
substituting "Maximum 50 000 total living mesophyllic
aerobic bacteria per ml or maximum 121 000 total individual
bacteria per ml".
Schedule 3 is amended in the 4th row in the 5th column
by striking out "100" and substituting "10".
--------------------------------
Alberta Regulation 108/2008
Marketing of Agricultural Products Act
ALBERTA BEEF PRODUCERS PLAN AMENDMENT REGULATION
Filed: June 24, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 276/2008)
on June 24, 2008 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Beef Producers Plan Regulation (AR
336/2003) is amended by this Regulation.
Section 2 is amended
(
a) in subsection (1) by striking out "a sub-zone delegate,"
wherever it occurs;
(
b) by repealing subsection (2) and substituting the
following:
(2) Except where there is a reference specifically to a zone
delegate or a cattle feeder council delegate, a reference in this
Plan to a delegate representing a zone is a reference to a
delegate elected or appointed under this Plan to represent the
eligible producers for that zone irrespective as to whether that
delegate is a zone delegate or a cattle feeder council delegate.
Section 9(1)(c)(ii) is amended by striking out "and
sub-zones".
Section 18 is amended
(
a) in subsection (1) by striking out "or sub-zone"
wherever it occurs;
(
b) in subsection (2) by striking out "sub-zone delegates,".
Section 19(2) is amended
(
a) by striking out "or sub-zone" wherever it occurs;
(
b) by striking out "or sub-zones" wherever it occurs.
Section 20 is amended
(
a) in subsection (2)
(
i) by striking out "or sub-zone" wherever it occurs;
(ii) by striking out "or sub-zones" wherever it occurs;
(
b) in subsection (4) by striking out "or, in the case of zone
9, in the sub-zone,".
Section 21 is repealed and the following is substituted:
Zones
21 For the purposes of this Plan,
(
a) Alberta is divided into 9 zones as set out in the
Schedule, and
(
b) each zone is comprised of the lands set out in the
Schedule.
Section 22 is amended
(
a) in subsection (1) by striking out "58 zone delegates and
5 sub-zone delegates to be elected pursuant to sections 26
and 27" and substituting "63 zone delegates to be elected
pursuant to
section 26";
(
b) by repealing subsection (3).
Section 23(1) is amended by striking out "sections 26 and
27" and substituting "section 26".
Section 25 is amended
(
a) in subsection (4) by striking out "zones 4 to 8" and
substituting "zones 4 to 9";
(
b) by repealing subsection (5).
Section 26 is amended
(
a) in subsection (1)
(
i) by striking out "zones 1 to 8" and substituting
"zones 1 to 9";
(ii) in clause (a)(iii) by striking out "zones 4 to 8" and
substituting "zones 4 to 9";
(
b) in subsection (2)
(
i) in clause (
a) by striking out "zones 1 to 8" and
substituting "zones 1 to 9";
(ii) in clause (
d) by striking out "zones 4 to 8" and
substituting "zones 4 to 9".
Section 27 is repealed.
Section 29(1) is amended
(
a) in clause (
a) by striking out ", sub-zone delegate";
(
b) by striking out "or sub-zone" wherever it occurs.
Section 30 is amended
(
a) in subsection (1) by striking out "In the case of zones 1
to 8, the term of office of a delegate representing the zone"
and substituting "The term of office of a delegate
representing a zone";
(
b) by repealing subsection (2).
Section 31 is amended
(
a) in subsection (1) by striking out "In the case of zones 1
to 8, if" and substituting "If";
(
b) by repealing subsection (2).
Section 33 is amended
(
a) in subsection (1) by striking out "In the case of zones 1
to 8, the" and substituting "The";
(
b) by repealing subsection (2);
(
c) by repealing subsection (3) and substituting the
following:
(3) Notwithstanding subsection (1), if a zone delegate or a cattle
feeder council delegate is not elected under subsection (1), the
position may be filled under
section 31.
17 The heading following
section 36.2 is amended by
striking out ", Sub-Zone,".
Section 37(1) is amended by striking out "In the case of
zones 1 to 8, each" and substituting "Each".
Section 38 is repealed.
Section 39 is amended
(
a) in subsection (1) by striking out "In the case of zones 1
to 8, where" and substituting "Where";
(
b) by repealing subsection (2).
Section 42 is amended
(
a) in subsection (1) by striking out "With respect to zones
1 to 8, the" and substituting "The";
(
b) by repealing subsection (2).
Section 45 is amended
(
a) in subsection (1) by striking out "In the case of zones 1
to 8, in" and substituting "In";
(
b) by repealing subsection (2);
(
c) by repealing subsection (3) and substituting the
following:
(3) Where a zone director becomes the chair of the Commission,
(
a) that zone director is relieved of the duties of the zone
director and ceases to be the zone director to represent
the zone, and
(
b) the zone committee shall elect from among the
delegates representing the zone another delegate who
shall be both
(
i) the zone director for that zone, and
(ii) a zone director of the Commission.
(
d) by repealing subsection (4) and substituting the
following:
(4) Where only one delegate representing the zone has been
nominated to fill the position of zone director for a zone, the
returning officer shall declare the delegate nominated as being
elected by acclamation.
(
e) by repealing subsection (5) and substituting the
following:
(5) Where a zone director for a zone has not been elected under
subsection (1) or (3) and has not been declared elected by
acclamation under subsection (4), the Board of Directors shall
appoint a delegate representing the zone to the position of zone
director and the delegate so appointed shall, subject to the
approval of the Council, hold office as zone director as if elected.
Section 46(2) is amended
(
a) in clause (
c) by striking out "in the case of zones 1 to
8,";
(
b) by repealing clause (d).
Section 49 is amended
(
a) in subsection (1) by striking out "or (2)";
(
b) in subsection (6) by striking out "or (2)(b)";
(
c) in subsection (7) by striking out "or (2)(b)";
(
d) in subsection (8) by striking out ", (2)(b)".
Section 58(3) is amended by striking out ", (2)(b)".
Section 66(3) is amended by striking out ", (2)(b)".
Section 71(4) is amended by striking out "or (2)(b)".
Section 71.1(2) is amended by striking out "or (2)(c)".
Section 86(
b) is amended by striking out "or sub-zone"
wherever it occurs.
Section 87(
b) is amended by striking out "or sub-zone"
wherever it occurs.
Section 89 is repealed and the following is substituted:
Voting at zone meetings
89 An eligible producer who
(
a) is entitled to vote in the zone, and
(
b) is present at the annual zone meeting or special zone
meeting, as the case may be,
is eligible to vote
(
c) on each matter put to the question, and
(
d) for such number of candidates for delegates as the
eligible producer chooses, not exceeding,
(
i) in the case of zone delegates, the number of zone
delegates to be elected, and
(ii) in the case of cattle feeder council delegates, the
number of cattle feeder council delegates to be
elected.
Section 96(2)(
a) is amended by striking out ", special
sub-zone meeting".
Section 97 is repealed and the following is substituted:
Transitional re sub-zone delegates
97(1) A sub-zone delegate who held office immediately before
the coming into force of the Alberta Beef Producers Plan
Amendment Regulation continues to hold office as a zone delegate
for zone 9 until the term of office to which the sub-zone delegate
was elected expires, or a successor to the position is sooner elected
or the sub-zone delegate is otherwise replaced under this
Regulation.
(2) Notwithstanding sections 26(2)(a)(
i) and (
d) and 30(1), in the
case of zone 9,
(a) 5 zone delegates shall be elected in 2008 to replace the
5 sub-zone delegates currently serving terms of office,
and
(
i) the term of office of 2 zone delegates elected in
accordance with this subsection is one year, and
(ii) the term of office of 3 zone delegates elected in
accordance with this subsection is 2 years,
and
(
b) one cattle feeder council delegate shall be elected in
2008 for a term of 2 years.
(3) The 2 zone delegates for zone 9 who were elected in 2007
continue to hold office until the expiry of their terms of office.
(4) Subject to subsection (5), the term of office of a zone delegate
referred to in subsection (2)(a)(
i) is not a term of office for the
purpose of determining the number of consecutive terms served by
the zone delegate pursuant to
section 30(5).
(5) Subsection (4) does not apply to a zone delegate referred to in
subsection (2)(a)(
i) who held office as a sub-zone delegate on the
coming into force of the Alberta Beef Producers Plan Amendment
Regulation.
Section 98 is repealed.
Section 99 is amended by striking out "July 1, 2008" and
substituting "March 31, 2009".
36 The heading following
section 100 is amended by
striking out "Schedule 1" and substituting "Schedule".
Schedule 2 is repealed.
--------------------------------
Alberta Regulation 109/2008
Rural Utilities Act
RURAL UTILITIES AMENDMENT REGULATION
Filed: June 24, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 277/2008)
on June 24, 2008 pursuant to
section 55 of the Rural Utilities Act.
1 The Rural Utilities Regulation (AR 151/2000) is amended
by this Regulation.
Section 4 is amended by striking out "Name Regulation
(AR 200/84)" and substituting "Cooperatives Regulation
(AR 55/2002)".
Section 6(1) is repealed and the following is substituted:
Functions and duties of the auditor
6(1) The auditor is to make a report to the members
(
a) on the results of the audit with respect to the reserve account,
and
(
b) on the financial statement of the association
and that report must be laid before the membership at an annual
meeting of the association.
Section 10(2) is repealed.
Section 11 is repealed and the following is substituted:
Distribution of reserve
11 Subject to
section 15, the board may, with the approval of the
Director, authorize the distribution of all or part of the reserve
account
(
a) in accordance with any by-laws of the association that
provide for a distribution of the reserve account, or
(
b) where there are no by-laws referred to in clause (a), equally
among the members of the association.
Section 13 is amended
(
a) in subsection (1)
(
i) in clause (
b) by adding "or transfers" after "sells";
(ii) by adding "or transfer" after "proceeds of the sale";
(
b) in subsection (2)(
b) by striking out "for utility
services".
Section 14(1)(
a) is amended by striking out "Schedule 3 of
the Energy Grant Regulation (AR 309/86)" and substituting "the
Agriculture and Rural Development Grant Regulation (AR 58/98)".
Section 15 is repealed and the following is substituted:
Sale of works
15 Where an association sells all of its works, the sale proceeds
and the amount in the reserve account shall be distributed among
the members on the basis of the number of utility service contracts
held, and the distribution must be made
(
a) in accordance with a method of distribution approved by the
membership at a special general meeting of the association
called to authorize the sale of the works, or
(
b) where there is no method referred to in clause (a), equally for
each service contract held.
Section 16 is amended
(
a) in subsection (1) by striking out "may" and
substituting "must";
(
b) in subsection (4)(
c) by striking out "Name Regulation
(AR 200/84)" and substituting "Cooperatives Regulation
(AR 55/2002)".
Section 20 is amended by striking out "2008" and
substituting "2013".
Schedule 2 is amended by striking out "Fee Regulation
(AR 77/92)" and substituting "Cooperatives Regulation
(AR 55/2002)".
Schedule 3 is amended by repealing
section 19(2) and
(3) and substituting the following:
(2) The association shall at all times maintain theft insurance or
fidelity insurance against loss or damage caused by officers,
employees and directors who carry out the functions of employees.
(3) The association shall at all times maintain general liability
insurance in an amount not less than $2 000 000 inclusive per
occurrence insuring against bodily injury, personal injury and
property damage, including loss of use of property.
(4) In this section, "theft insurance", "fidelity insurance" and
"general liability insurance" have the meaning given to them by the
Classes of Insurance Regulation (AR 121/2001).
--------------------------------
Alberta Regulation 110/2008
Seniors Benefit Act
SENIORS BENEFIT ACT GENERAL AMENDMENT REGULATION
Filed: June 24, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 280/2008)
on June 24, 2008 pursuant to
section 6 of the Seniors Benefit Act.
1 The Seniors Benefit Act General Regulation (AR 213/94)
is amended by this Regulation.
Section 1(1) is amended
(
a) in clause (
f) by striking out "either 5% of employment
income or" and substituting "the greater of employment
income up to a maximum of $3600 and";
(
b) by repealing clause (j.2) and substituting the
following:
(j.2) "total income" means,
(
i) in respect of a person or each individual in a senior
couple,
(
A) the total income shown on line 150 of the
Notice of Assessment in respect of the
income tax return filed by the person under
the Income Tax Act (Canada), or
(
B) if a Notice of Assessment is not available, the
amount that is determined by the Minister
using the same income information that
would have been used by the person to report
total income on line 150 of an income tax
return,
(ii) in respect of a senior couple, the sum of each
individual's total income determined in accordance
with subclause (i), and
(iii) in respect of a senior couple where the 2
individuals have jointly elected to split pension
income, the sum of
(
A) the amount shown on line 150 less the
amount shown on line 210 of the Notice of
Assessment in respect of the income tax
return filed under the Income Tax Act
(Canada) by the individual who is receiving
the pension, and
(
B) the amount shown on line 150 of the Notice
of Assessment in respect of the income tax
return filed under the Income Tax Act
(Canada) by the other individual,
where the amount deducted on line 210 of the
Notice of Assessment of the individual who is
receiving the pension and the amount claimed on
line 116 of the other individual's Notice of
Assessment are the same.
Section 8.1(1) is amended
(
a) in clause (
c) by striking out "$22 200" and
substituting "$22 700 after deducting the supplementary
accommodation assistance benefit paid to the single senior in
the previous year";
(
b) by repealing clause (
d) and substituting the
following:
(
d) whose total income as defined in
section 1(1)(j.2)(ii) or
(iii), where the applicant is part of a senior couple, is
$36 900 after deducting the supplementary
accommodation assistance benefit paid to each of the
individuals in the previous year,
4 The
Schedule is amended in the Table
(
a) in
Part 1
(
i) by striking out "17.54%" wherever it occurs and
substituting "17.17%";
(ii) by striking out "17.83%" wherever it occurs and
substituting "17.27%";
(iii) by striking out "11.33%" and substituting
"11.09%";
(iv) by striking out "15.35%" and substituting
"14.87%";
(
b) in
Part 3 by striking out "46.78%" wherever it occurs
and substituting "45.81%".
5 This Regulation comes into force on July 1, 2008.
--------------------------------
Alberta Regulation 111/2008
Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION OF
PRIVACY AMENDMENT REGULATION
Filed: June 24, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 281/2008)
on June 24, 2008 pursuant to
section 94 of the Freedom of Information and Protection
of Privacy Act.
1 The Freedom of Information and Protection of Privacy
Regulation (AR 200/95) is amended by this Regulation.
Section 19 is amended by striking out "2008" and
substituting "2009".
--------------------------------
Alberta Regulation 112/2008
Wildlife Act
WILDLIFE (2008 HUNTING SEASON - JOINT AUTHORITY)
AMENDMENT REGULATION
Filed: June 24, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 286/2008)
jointly with the Minister of Sustainable Resource Development (M.O. 07/08) on June
24, 2008 pursuant to sections 103 and 104 of the Wildlife Act and sections 1(
b) and 2
of the Wildlife Regulation (AR 143/97).
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Schedule 1 is amended in
section 4(1) by adding the
following after clause (k):
(
l) a resident minor who has reached 12 years of age and has
successfully completed the Alberta Conservation and Hunter
Education Program, while hunting upland game birds on the
fourth Saturday of September.
--------------------------------
Alberta Regulation 113/2008
Wildlife Act
WILDLIFE (RESIDENT MINOR, GAME BIRD, MINISTERIAL 2008)
AMENDMENT REGULATION
Filed: June 24, 2008
For information only: Made by the Minister of Sustainable Resource Development
(M.O. 06/08) on June 24, 2008 pursuant to sections 12, 23 and 103(1) of the Wildlife
Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Section 10 of
Schedule 15 is amended by adding the
following after subsection (6):
(7) A resident minor who has reached 12 years of age and who is
described in
section 4(1)(
l) of
Schedule 1 or a resident youth who
holds an applicable licence to hunt upland game birds may, on the
fourth Saturday of September, hunt within any of game bird zones 1
to 8 a species of upland game bird provided that an open season
exists to hunt that species within that game bird zone as provided for
in Table 6, regardless of whether that open season occurs at the same
time or if it is a season that occurs before or later as set out in that
Table.
Alberta Regulation 114/2008
Energy Resources Conservation Act
ENERGY RESOURCES CONSERVATION BOARD ADMINISTRATION
FEES REGULATION
Filed: June 26, 2008
For information only: Made by the Energy Resources Conservation Board on June
25, 2008 pursuant to
section 27.2 of the Energy Resources Conservation Act.
Table of Contents
Definitions
2 Rate payable by operator
3 Wells
4 Coal mines
5 Oil sands projects
6 Notice
7 Penalty
8 Appeal
9 Recovery of fees
10 Liability for payment
11 Expiry
12 Consequential amendment
Definitions
1 In this Regulation,
(a) "administration fee production" means,
(
i) in the case of an oil well, the annual base year
production from the well in cubic metres, and
(ii) in the case of a gas well, the annual base year
production from the well in thousand cubic metres
adjusted by the conversion factor set out in
section 3(5)
to make it comparable to oil;
(b) "base year" means the calendar year immediately preceding
the fiscal year during which the administration fee is
imposed;
(c) "fiscal year" means the fiscal year of the Board;
(d) "gas well" means a well licensed and designated by the
Board as a gas well;
(e) "oil well" means a well licensed and designated by the Board
as an oil well;
(f) "service well" means a well licensed and classified by the
Board as one of injection, disposal or storage well.
Rate payable by operator
2(1) In each fiscal year, every person who, on the prescribed date, was
the operator of a well, coal mine or oil sands project shall pay an
administration fee in accordance with this Regulation.
(2) For the purpose of this Regulation, the prescribed date for the
2008-09 fiscal year is December 31, 2007.
Wells
3(1) An operator of a well shall pay an administration fee calculated
as follows with respect to each individual well within each class of
well, multiplied by the annual adjustment factor set out in subsection
(2):
(
a) Class 1 - $100 per well;
(
b) Class 2 - $100 per well;
(
c) Class 3 - $125 per well;
(
d) Class 4 - $312 per well;
(
e) Class 5 - $750 per well;
(
f) Class 6 - $1250 per well;
(
g) Class 7 - $1625 per well;
(
h) Class 8 - $1875 per well.
(2) For the 2008-09 fiscal year, the annual adjustment factor is
1.302723.
(3) For the purposes of this section, wells subject to an administration
fee are classed as follows:
(
a) Class 1 - service wells;
(
b) Class 2 - wells having administration fee production volumes
during the base year of up to 300.00 cubic metres;
(
c) Class 3 - wells having administration fee production volumes
during the base year greater than 300.00 cubic metres, up to
600.00 cubic metres;
(
d) Class 4 - wells having administration fee production volumes
during the base year greater than 600.00 cubic metres, up to
1200.00 cubic metres;
(
e) Class 5 - wells having administration fee production volumes
during the base year greater than 1200.00 cubic metres, up to
2000.00 cubic metres;
(
f) Class 6 - wells having administration fee production volumes
during the base year greater than 2000.00 cubic metres, up to
4000.00 cubic metres;
(
g) Class 7 - wells having administration fee production volumes
during the base year greater than 4000.00 cubic metres, up to
6000.00 cubic metres;
(
h) Class 8 - wells having administration fee production volumes
during the base year greater than 6000.00 cubic metres.
(4) The following wells are exempt from payment of an administration
fee:
(
a) all wells reporting no production for the base year or for
previous years, during the base year;
(
b) all wells categorized by the Board as abandoned at December
31 of the base year;
(
c) all wells categorized by the Board as farm gas as of
December 31 of the base year;
(
d) service wells that reported no injection/disposal receipts
during the base year according to Board records at December
31 of the base year.
(5) The conversion factor for the purpose of
section 1(a)(ii) is 1.00.
Coal mines
4(1) In this section, "coal production" means the total tons of coal
mined in Alberta by an operator of a coal mine in the 2007 calendar
year.
(2) An operator of a coal mine shall pay an administration fee with
respect to a coal mine calculated as follows:
coal production x $0.046117 for each tonne of coal = administration
fee.
Oil sands projects
5(1) For the purposes of this section, oil sands projects subject to an
administration fee are classed as follows:
(
a) Class 1 - primary oils sands projects, consisting of projects
producing bitumen volumes by cold flow method in the base
year;
(
b) Class 2 - thermal on-going oil sands projects, consisting of
projects producing bitumen volumes by enhanced recovery
method, (including projects that are experimental schemes
within the meaning of the Oil Sands Conservation Act) in the
base year;
(
c) Class 3 - thermal growth oil sands projects, consisting of
projects where
(
i) the maximum amount of bitumen volumes that may be
produced by enhanced recovery method is set out in the
approval, and
(ii) the approval was issued or was last amended to change
the maximum amount within the 5-year period ending
on December 31 of the base year;
(
d) Class 4 - mining on-going oil sands projects, consisting of
projects producing bitumen volumes by mining in the base
year;
(
e) Class 5 - mining growth oil sands projects, consisting of
projects where
(
i) the maximum amount of bitumen volumes that may be
produced by mining is set out in the approval or in the
application for the approval or for an amendment to the
approval, and
(ii) the approval was issued or last amended to change the
maximum amount or the most recent application for an
amendment to change the maximum amount was made,
as the case may be, within the 7-year period ending on
December 31 of the base year.
(2) An operator of one or more approved oil sands projects shall pay
an administration fee calculated in accordance with subsections (4) to
(8).
(3) An operator of a portion of an oil sands project shall pay an
administration fee calculated in accordance with subsections (4) to
(8) that is proportionate to that operator's portion of the oil sands project.
(4) The administration fee payable by an operator of one or more
Class 1 approved oil sands projects is the amount calculated in
accordance with the following formula:
Fee for Class 1 = [(A x $5000) + B + (C x total bitumen
volumes produced in the base year by the operator's Class 1
oil sands projects)] x 2.041806
where
A is the number of Class 1 oil sands projects approvals
held by the operator;
B is the fixed amount selected from Table A which
corresponds to the applicable production range from
Table A that contains the total bitumen volumes
produced in the base year by the operator's Class 1 oil
sands projects;
C is the variable rate selected from Table A which
corresponds to the applicable production range from
Table A that contains the total bitumen volumes
produced in the base year by the operator's Class 1 oil
sands projects.
(5) The administration fee payable by an operator of one or more
Class 2 approved oils sands projects is the amount calculated in
accordance with the following formula:
Fee for Class 2 = [(A x $5000) + B + (C x total bitumen
volumes produced in the base year by the operator's Class 2
oil sands projects)] x 1.890394
where
A is the number of Class 2 oil sands projects approvals
held by the operator;
B is the fixed amount selected from Table A which
corresponds to the applicable production range from
Table A that contains the total bitumen volumes
produced in the base year by the operator's Class 2 oil
sands projects;
C is the variable rate selected from Table A which
corresponds to the applicable production range from
Table A that contains the total bitumen volumes
produced in the base year by the operator's Class 2 oil
sands projects.
(6) The administration fee payable by an operator of one or more
Class 3 approved oil sands projects is the amount, in respect of each
project, calculated in accordance with the following formula:
Fee for Class 3 project = [$5000 + A + (B x C)] x 2.050056
where
A is the fixed amount selected from Table A which
corresponds to the applicable production range from
Table A that contains the amount that is determined by
dividing the difference between the maximum amount
of bitumen volumes that may be produced by the project
in the base year under the approval and the volumes that
were actually produced by the age of the approval or the
most recent amended approval, calculated from the date
of issuance to December 31 of the base year and
rounded up to a full year (but if the bitumen volumes
produced exceed the maximum amount that may be
produced, A is $5000);
B is the variable rate selected from Table A which
corresponds to the applicable production range from
Table A that contains the amount that is determined by
dividing the difference between the maximum amount
of bitumen volumes that may be produced by the project
in the base year under the approval and the volumes that
were actually produced by the age of the approval or the
most recent amended approval, calculated from the date
of issuance to December 31 of the base year and
rounded up to a full year (but if the project did not
produce any bitumen in the base year or if the bitumen
volumes produced exceed the maximum amount that
may be produced, B is 0);
C is the amount determined by dividing the difference
between the maximum amount of bitumen volumes that
may be produced by the project in the base year under
the approval and the volumes that were actually
produced by the age of the approval or the most recent
amended approval, calculated from the date of issuance
to December 31 of the base year and rounded up to a
full year.
(7) The administration fee payable by an operator of one or more
Class 4 approved oil sands projects is the amount calculated in
accordance with the following formula:
Fee for Class 4 = [(A x $10000) + B + (C x total bitumen
volumes produced in the base year by the operator's Class 4
oil sands projects)] x 1.776024
where
A is the number of Class 4 oil sands project approvals held
by the operator;
B is the fixed amount selected from Table B which
corresponds to the applicable production range from
Table B that contains the total bitumen volumes
produced in the base year by the operator's Class 4 oil
sands projects;
C is the variable rate selected from Table B which
corresponds to the applicable production range from
Table B that contains the total bitumen volumes
produced in the base year by the operator's Class 4 oil
sands projects.
(8) The administration fee payable by an operator of one or more
Class 5 approved oil sands projects is the amount, in respect of each
project, calculated in accordance with the following formula:
Fee for Class 5 project = [$10 000 + A + (B x C)] x 2.020267
where
A is the fixed amount selected from Table B which
corresponds to the applicable production range from
Table B that contains the amount that is determined by
dividing the difference between the maximum amount
of bitumen volumes that may be produced by the project
in the base year under the application or approval and
the volumes that were actually produced by the age of
the approval, the most recent amended approval or the
most recent application for an amendment to the
approval, calculated from the date of issuance to
December 31 of the base year and rounded up to a full
year (but if the bitumen volumes produced exceed the
maximum amount that may be produced, A is $2500);
B is the variable rate selected from Table B which
corresponds to the applicable production range from
Table B that contains the amount that is determined by
dividing the difference between the maximum amount
of bitumen volumes that may be produced by the project
in the base year under the application or approval and
the volumes that were actually produced by the age of
the approval, the most recent amended approval or the
most recent application for an amendment to the
approval, calculated from the date of issuance to
December 31 of the base year and rounded up to a full
year (but if the project did not produce any bitumen in
the base year or if the bitumen volumes produced
exceed the maximum amount that may be produced, B
is 0);
C is the amount determined by dividing the difference
between the maximum amount of bitumen volumes that
may be produced by the project in the base year under
the application or approval and the volumes that were
actually produced by the age of the approval, the most
recent amended approval or the most recent application
for an amendment to the approval, calculated from the
date of issuance to December 31 of the base year and
rounded up to a full year.
Notice
6(1) A notice of an administration fee determined under this
regulation must be mailed to each person who was, according to the
records of the Board, an operator on the prescribed date of one or more
wells, one or more coal mines or one or more oil sands projects.
(2) A notice under this
section must
(
a) contain or be accompanied with a copy of this Regulation,
(
b) set out, in respect of each class of wells, coal mines and oil
sands projects, a brief description of the wells, coal mines
and oil sands projects of which the person to whom the
notice is given was the operator on the prescribed date
according to the records of the Board,
(
c) set out the amount of the administration fee in respect of each
well, coal mine and oil sands project described in the notice,
and
(
d) contain a demand for the payment of the total amount of the
administration fees.
(3) A notice under this
section is sufficiently given if it is mailed to
the person referred to in subsection (1) at that person's address in
Alberta according to the records of the Board at the time of mailing.
(4) If a notice is given in accordance with subsections (1) to (3) but it
is later determined in an appeal under
section 8 or in an action under
section 9 that the person to whom the notice was given was not the
operator on the prescribed date of a well, coal mine or oil sands project
described in the notice, the Board may give a notice that complies with
subsection (2) to the person, if any, who was determined in the appeal
or in the action to have been the operator of the well, coal mine or oil
sands project on the prescribed date.
(5) If the Board determines, otherwise than as a result of an appeal
under
section 8, that a notice has been given under subsection (1) or
(4) to any person in error or that the amount of the administration fee
set out in the notice is incorrect, the Board may withdraw the notice
and issue a corrected notice in its place.
Penalty
7(1) The administration fee set out in the notice must be paid by the
operator within 30 days of the mailing date shown on the notice.
(2) Any administration fee or part of the fee not paid within 30 days of
the mailing date shown on the notice is subject to the addition of a
penalty of 20% of the unpaid administration fee unless the Board
otherwise orders.
(3) Where an operator appeals, in accordance with
section 8, the
penalty set out in subsection (2) must be calculated on the basis of the
amount for which the operator is found liable on appeal and the
administration fee and penalty is payable immediately on the
disposition of the appeal.
Appeal
8(1) A person to whom a notice is given under
section 6 may appeal
to the Board by serving on the Board a Notice of Appeal within 30
days of the mailing date shown on the notice on any one or more of the
following grounds:
(
a) that the person was not the operator on the prescribed date of
any of the wells, coal mines or oil sands projects described in
the notice or of any particular wells or oil sands projects
described in the notice;
(
b) that the administration fee set out in the notice for one or
more of the wells, coal mines or oil sands projects is
incorrect;
(
c) on any other grounds that the Board considers proper.
(2) The Board shall hear an appeal on grounds set out in subsection
(1)(
a) or (
b) and may hear an appeal on any other grounds the Board
considers proper.
(3) The Notice of Appeal must be signed by the appellant and must set
out the name of the appellant, the name of the agent, if any, of the
appellant, the grounds and particulars of the appeal and the address to
which all further correspondence concerning the appeal must be
mailed.
(4) The Notice of Appeal must be served on the Board at the Board's
Calgary office no later than 4:00 p.m. on the last day for receipt of
appeals, and appeals received after that time may be heard by the
Board in its discretion.
(5) Within 60 days from the day for receipt of appeals, the Board shall
send to the appellant a Notice of Hearing.
(6) On the date set out in the Notice of Hearing, the Board shall hear
the appeal and may decide the appeal at that time or defer its decision.
Recovery of fees
9(1) Any administration fees and penalties owing to the Board under
this Regulation may be recovered by the Board in an action in debt
against the person liable to pay it.
(2) If a notice is given in accordance with
section 6 and, in respect of
any well, coal mine or oil sands project described in the notice,
(
a) no appeal is taken to the Board under this regulation by the
person to whom the notice is given within the time
prescribed, or
(
b) the appeal is not prosecuted with reasonable speed or is later
discontinued or abandoned or is dismissed by the Board,
that person is, subject to subsection (3), estopped from denying that the
person was the operator of the well, coal mine or oil sands project on
the prescribed date in an action by the Board under this
section for the
recovery of the administration fee imposed in respect of that well, coal
mine or oil sands project.
(3) If the defendant in an action under this
section had previously
appealed to the Board under this Regulation or any predecessor of this
Regulation on the ground that the defendant was not, on the prescribed
date, the operator of the well, coal mine or oil sands project concerned
and the Board after hearing evidence relating to that ground made a
finding that the defendant was the operator on the prescribed date,
subsection (2) does not apply, but the burden is on the defendant to
prove that the defendant was not the operator of the well, coal mine or
oil sands project concerned on the prescribed date.
(4) The defendant in an action under subsection (1) may join as a
co-defendant any person the defendant claims was the operator on the
prescribed date of the well, coal mine or oil sands project concerned
and, in that event, the court may, if it upholds the claim, give judgment
against that co-defendant for the amount of the administration fees and
penalties owing by that co-defendant.
Liability for payment
10 If the operator who is liable for an administration fee
(
a) was not the operator on the prescribed date of any of the
wells, coal mines or oil sands projects described in the notice
or of any particular wells, coal mines or oil sands projects, or
(
b) is no longer in Alberta, has become bankrupt or insolvent, is
no longer carrying on business in Alberta, refuses to pay or
does not pay,
the liability for the payment of the administration fee is on the person
who was the licensee of the well or coal mine or holder of the approval
under the Oil Sands Conservation Act for the project, as the case may
be, on the prescribed date.
Expiry
11 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 August 1, 2013.
Consequential amendment
12 The Oil and Gas Conservation Regulations (AR 151/71)
are amended by repealing
Part 16.
Table A
Production Range (m3)
Minimum
Maximum
Fixed Amount
($)
Variable rate
19 999
0.5000
20 000
49 999
0.3000
50 000
349 999
15 000
0.1800
350 000
2 499 999
50 000
0.0800
2 500 000
4 999 999
100 000
0.0600
5 000 000
9 999 999
200 000
0.0400
10 000 000
19 999 999
380 000
0.0220
20 000 000
29 999 999
570 000
0.0125
30 000 000
700 000
0.0100
Table B
Production Range (m3)
Minimum
Maximum
Fixed Amount
($)
Variable rate
19 999
0.4000
20 000
49 999
0.2125
50 000
349 999
10 000
0.1375
350 000
2 499 999
25 000
0.0946
2 500 000
4 999 999
65 000
0.0786
5 000 000
9 999 999
125 000
0.0666
10 000 000
19 999 999
200 000
0.0591
20 000 000
29 999 999
325 000
0.0529
30 000 000
500 000
0.0471
--------------------------------
Alberta Regulation 115/2008
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: June 26, 2008
For information only: Made by the Energy Resources Conservation Board on
June 25, 2008 pursuant to
section 10(1) 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)5(ii) is repealed and the following is
substituted:
(ii) a well that has been designated by the Board pursuant to
section 7.025(1) or (2) as a control well for the purposes of
obtaining data required by that section;
Section 7.025 is amended
(
a) by adding the following after subsection (2):
(2.1) Notwithstanding subsections (1) and (2), the Board may,
on application by a licensee of a well, grant a deferral or relief
from any or all of the requirements set out in this section.
(
b) by repealing subsection (3) and substituting the
following:
(3) A licensee shall submit an application for the designation
of control wells or for the deferral of, or relief from, control
well requirements in accordance with Directive 062, "Coalbed
Methane (CBM) Control Well Requirements and Related
Matters".
--------------------------------
Alberta Regulation 116/2008
Apprenticeship and Industry Training Act
DESIGNATION OF OCCUPATIONS AMENDMENT REGULATION
Filed: June 27, 2008
For information only: Made by the Minister of Advanced Education and Technology
on June 25, 2008 pursuant to
section 36(1) of the Apprenticeship and Industry
Training Act.
1 The Designation of Occupations Amendment Regulation
(AR 31/2008) is amended in
section 3 by striking out "July 1"
and substituting "August 1".
--------------------------------
Alberta Regulation 117/2008
Child, Youth and Family Enhancement Act
ADOPTION AMENDMENT REGULATION
Filed: June 27, 2008
For information only: Made by the Minister of Children and Youth Services
(M.O. 2008-01) on June 16, 2008 pursuant to
section 131(2) of the Child, Youth and
Family Enhancement Act.
1 The Adoption Regulation (AR 187/2004) is amended by
this Regulation.
Section 4(1) is amended
(
a) in clause (
a) by striking out "$100" and substituting
"$200";
(
b) in clause (
b) by striking out "$50" and substituting
"$100".
Section 13(6) is repealed and the following is
substituted:
(6) In the case of a proposed adoption placement of a child whose
biological father is not also a guardian of the child, the agency must,
before placing the child with the approved applicant, notify or make
reasonable efforts to notify the child's biological father of the
proposed adoption placement.
Section 33 is repealed.
Section 2 of Form 1 is amended
(
a) by striking out "$100" and substituting "$200";
(
b) by striking out "$50" and substituting "$100".