THE ALBERTA GAZETTE,

PART II, NOVEMBER 30, 1998

Alberta Regulation 223/98

Loan and Trust Corporations Act

LOAN AND TRUST CORPORATIONS (MINISTERIAL)

AMENDMENT REGULATION

Filed: November 3, 1998

Made by the Provincial Treasurer (M.O. 01/98) pursuant to

section 325(2)(

f) of the Loan and Trust Corporations Act.

1 The Loan and Trust Corporations (Ministerial) Regulation (AR 172/92)

is amended by this Regulation.

Section 2 is amended

(

a) by repealing subsection (1);

(

b) in subsection (4) by striking out "registered" and substituting

"provincial".

3 Sections 3 and 4 are repealed.

Schedule 1 is repealed.

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

Alberta Regulation 224/98

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: November 4, 1998

Made by the Alberta Energy and Utilites Board pursuant to

section 10 of the

Oil and Gas Conservation Act.

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

this Regulation.

Section 8.142(1)(

c) is repealed and the following is substituted:

(

c) a Licensee Wellsite Representative and a Rig Manager (Tool

Push) possess a "Second Line Supervisor's" certificate in well control

procedures, issued within the previous 2 years by the Petroleum Industry

Training Service, and that a Licensee Wellsite Representative or a Rig

Manager (Tool Push), or both, are readily available at all times,

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

Alberta Regulation 225/98

Funeral Services Act

ALBERTA FUNERAL SERVICES REGULATORY BOARD REGULATION

Filed: November 5, 1998

Made by the Minister of Municipal Affairs (M.O. H:100/98) pursuant to

section 18 of the Funeral Services Act.

Table of Contents

Definitions 1

Board continued 2

Function of Board 3

Board membership 4

Appointment 5

Election 6

Term of office 7

Chair 8

Prohibitions 9

Resignation and removal 10

Vacancies 11

Transitional 12

Expiry 13

Coming into force 14

Definitions

1 In this Regulation,

(a) "Act" means the Funeral Services Act;

(b) "Board" means the Alberta Funeral Services Regulatory Board;

(c) "embalmer" means a person who holds an embalmer licence issued

under the Act and the regulations;

(d) "funeral director" means a person who holds a funeral director

licence issued under the Act and the regulations;

(e) "funeral services business" means a sole proprietorship,

partnership or corporation that holds a funeral services business licence

issued under the Act and the regulations;

(f) "industry member" means a member under

section 4(1)(b);

(g) "licensee" means a person who holds any licence referred to in

section 4 of the Act;

(h) "member" means a member of the Board;

(i) "public interest member" means a member under

section 4(1)(a).

Board continued

2 The Alberta Funeral Services Regulatory Board established under the

Funeral Services Business Licensing Regulation (AR 360/92) is hereby

continued.

Function of Board

3 The Board is empowered to accept and exercise any powers and perform

any duties and functions

(

a) delegated to it under

section 19 of the Act by the Director, or

(

b) delegated to or imposed on it under any other Act of the

Legislature.

Board membership

4(1) The Board consists of

(a) 3 persons who represent the interests of the public, and

(b) 3 persons who represent funeral services businesses.

(2) A person is eligible to be or to remain a public interest member only

if that person

(

a) is a resident of Alberta,

(

b) is not a funeral director or embalmer, and

(

c) does not have any interest in a funeral services business.

(3) A person is eligible to be or to remain an industry member only if

that person

(

a) is a resident of Alberta, and

(

b) is actively engaged in the day to day operation of a funeral

services business as an owner, a part owner, a business manager or a

shareholder.

(4) A member automatically ceases to hold office if that member ceases to

meet any qualification under this

section that is necessary for that

office.

Appointment

5 The Minister shall appoint the public interest members.

Election

6(1) The Director shall establish an Industry Election Committee

consisting of at least 3 and not more than 5 persons who represent funeral

services businesses.

(2) The Industry Election Committee shall request nominations from funeral

services businesses and conduct a mail-in election in order to elect the

industry members.

(3) Each funeral services business has one vote in an election under

subsection (2), regardless of the number of its business locations.

(4) The candidates who receive the largest number of votes at the election

become industry members in accordance with the number of positions to be

filled.

(5) The Industry Election Committee shall communicate the results of the

election to the successful candidates, the Minister and any other person

the Committee considers appropriate.

(6) Notwithstanding this section, if the Industry Election Committee

receives fewer nominations under subsection (2) than there are positions to

be filled, the Committee

(

a) shall declare the nominees, if any, to be elected by

acclamation, and

(

b) shall appoint any remaining industry members.

Term of office

7(1) The term of office of a member is 2 years.

(2) A member may not serve more than 3 consecutive terms of office.

Chair

8(1) The Board shall choose from among its members a person to act as the

chair of the Board.

(2) If there is a tied vote on any matter on which a vote is held by the

Board, the chair may vote a second time to break the tie.

Prohibitions

9 No person while a member shall do any of the following:

(

a) engage directly or indirectly in any business transaction or

private arrangement for pecuniary benefit, knowledge of which arises out of

the person's being a member;

(

b) act in a manner, whether or not prohibited by the Act, the

regulations or the by-laws of the Board, that may result in, or create the

appearance of,

(

i) using the member's position for private gain,

(ii) giving preferential treatment to any person,

(iii) impeding the Board from carrying out its purposes,

(iv) foregoing independence or impartiality, or

(

v) adversely affecting the integrity of the Board;

(

c) act in an official capacity or represent the Board, explicitly

or implicitly, on any matter in which the member has a real or potential

personal interest, direct or indirect, in a manner that is incompatible

with the member's duties under the Act, the regulations or the by-laws of

the Board;

(

d) contract with or otherwise accept the services of a licensee or

an applicant to become a licensee on terms that are more favourable than

those generally available to the public;

(

e) unless previously approved by the Board, accept a fee or a

benefit that is not a token benefit from another person on account of an

occasion at which the member appears or provides a speech, lecture or

publication, if the occasion is part of the official duties of the member

for which compensation is being paid by the Board;

(

f) contravene the Act, the regulations or the by-laws of the

Board;

(

g) be absent without Board authorization from 3 consecutive

regular Board meetings.

Resignation and removal

10(1) Subject to subsection (2), a member who contravenes

section 9 shall

resign from the Board immediately on becoming aware of the contravention.

(2) Instead of accepting a resignation under subsection (1), the Board may

suspend the member from all or any Board activities for any period of time

appropriate.

under subsection (2), the Board may, within one year of the date on which

the contravention occurred,

(

a) request that the Minister revoke the appointment, if the member

is a public interest member, or

(

b) apply by originating notice to a judge of the Court of Queen's

Bench, if the member is an industry member, for

(

i) an order determining whether the member is eligible

to remain a member, and

(ii) if the person is determined to be ineligible, an

order declaring the person to be disqualified from membership on the Board.

Vacancies

11 If there is a vacancy in the membership of the Board, a person may be

appointed to fill that vacancy for the balance of the term of office

(

a) by the Minister, if the vacancy relates to a public interest

member, or

(

b) by the Director, if the vacancy relates to an industry member.

Transitional

12 A person who is a member immediately before the coming into force of

this Regulation continues to be a member under this Regulation until that

member ceases to hold office or is reappointed or re-elected.

Expiry

13 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 November 30, 2003.

Coming into force

14 This Regulation comes into force on December 1, 1998.

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

Alberta Regulation 226/98

Funeral Services Act

GENERAL REGULATION

Filed: November 5, 1998

Made by the Minister of Municipal Affairs (M.O. H:101/98) pursuant to

section 23 of the Funeral Services Act.

Table of Contents

Interpretation 1

Funeral Services Businesses

Funeral services business licence 2

Application for funeral services business licence 3

Director's approval 4

Expiry 5

Renewal of funeral services business licence 6

Name of business 7

Requirements of funeral services contract 8

Statement of cancellation rights 9

Cancellation without penalty 10

Maximum administration fee 11

Transfer of money to authorized trustee 12

Embalming 13

Notice to Director of changes 14

Records 15

Annual audited report to Director 16

Permission from seniors residence or hospital 17

Business Manager

Business manager 18

Funeral Directors, Embalmers and

Pre-need Salespersons

Funeral director licence 19

Embalmer licence 20

Pre-need salesperson licence 21

Application for funeral director, embalmer or

pre-need salesperson licence 22

Expiry 23

Renewal of funeral director, embalmer or

pre-need salesperson licence 24

Change in employment 25

Duties and Powers of the Director

Inspections 26

Training programs 27

Conditions of work for trainees 28

Continuing education 29

Educational standards 30

Providing information 31

Annual report 32

Registers 33

Complaints Resolution

Complaints 34

Mediation or arbitration 35

Disposition of Remains

Who may control disposition 36

Fees

Fees 37

Transitional

Licences continued 38

Applications continued 39

Continuing education relief for certain continued licences 40

Extended period for report 41

Repeal, Expiry and Coming into Force

Repeal 42

Expiry 43

Coming into force 44

Schedule

Interpretation

1 In this Regulation,

(a) "Act" means the Funeral Services Act;

(b) "embalmer" means a person who holds an embalmer licence issued

under

section 20;

(c) "embalmer trainee" means a person who is registered in an

appropriate training program referred to in

section 27;

(d) "funeral director" means a person who holds a funeral director

licence issued under

section 19;

(e) "funeral director trainee" means a person who is registered in

an appropriate training program referred to in

section 27;

(f) "funeral services business" means a sole proprietorship,

partnership or corporation that holds a licence issued under

section 2;

(g) "pre-need salesperson" means a person who holds a pre-need

salesperson licence issued under

section 21;

(h) "pre-need salesperson trainee" means a person who is registered

in an appropriate training program referred to in

section 27.

Funeral Services Businesses

Funeral services business licence

2(1) Subject to subsection (2), a funeral services business licence

authorizes the licensee to enter into funeral services contracts with

members of the public.

(2) A funeral services business licence authorizes the licensee to enter

into pre-need funeral services contracts with members of the public only if

the licence specifically states such authorization.

(3) A funeral services business shall hold a separate funeral services

business licence for each of its business locations.

Application for funeral services business licence

3(1) A person applying for a funeral services business licence shall make

application to the Director on the form set by the Director and the

application shall be accompanied with

(

a) proof that the applicant has obtained any approvals that are

required under the Municipal Government Act or under any other legislation,

(

b) the name of the person who will be appointed as the business

manager for the proposed funeral services business,

(

c) any additional information required by the Director, and

(

d) the fee set out in

section 37.

(2) If the proposed funeral services business will be entering into

pre-need funeral services contracts, the application shall also be

accompanied with a copy of

(

a) any agreement made between the applicant and an authorized

trustee for the establishment of a special fund as referred to in

section 6

of the Act,

(

b) a standard form of the pre-need funeral services contract that

the funeral services business proposes to use, and

(

c) any agreement made between the applicant and an insurance

company for which the applicant acts as an agent in soliciting the sale of

or selling a contract of life insurance to a purchaser of a pre-need

funeral services contract for the purpose of funding the purchase price

under that contract.

Director's approval

4(1) The Director shall not issue a funeral services business licence that

authorizes the licensee to enter into pre-need funeral services contracts

unless the Director

(

a) approves the form and contents of the documents referred to in

section 3(2)(

a) and (b), and

(

b) is satisfied that the provisions of an agreement referred to in

section 3(2)(

c) are not misleading and are consistent with the Act and its

regulations.

(2) A funeral services business licensee shall not cancel, amend or vary

the provisions of any document referred to in

section 3(2) unless the

licensee

(

a) obtains the prior written approval of the Director, and

(

b) pays a fee of $25 to the Director.

Expiry

5 A funeral services business licence and any renewal of a funeral

services business licence expire on the March 31 following their issue.

Renewal of funeral services business licence

6(1) A person applying for a renewal of a funeral services business

licence shall make application to the Director on the form set by the

Director and the application shall be accompanied with

(

a) the name of the business manager for the funeral services

business,

(

b) the number of funeral services contracts under which the

applicant provided funeral services in the year preceding the application,

(

c) any additional information required by the Director, and

(

d) the fee set out in

section 37.

(2) The Director may refuse to renew a funeral services business licence

(

a) an inspection under

section 26 has revealed deficiencies that

have not been corrected, or

(

b) in the Director's opinion, it is not in the public interest to

grant the renewal.

Name of business

7 If a funeral services business carries on business under a name or

style other than its corporate name, the corporate name must be clearly

disclosed to the public on the letterhead, contracts and price lists of the

business.

Requirements of funeral services contract

8 A funeral services contract shall

(

a) be in writing,

(

b) be signed by the purchaser and by

(

i) a funeral director of the funeral services

business, or

(ii) a pre-need salesperson of the funeral services

business, if it is a pre-need funeral services contract,

(

c) contain a detailed listing of the goods and services to be

provided by the funeral services business and the cost to be charged to the

purchaser for each of those goods and services, and

(

d) contain a statement of cancellation rights in accordance with

section 9, if it is a pre-need funeral services contract.

Statement of cancellation rights

9(1) A statement of cancellation rights shall

(

a) be in the form in the Schedule,

(

b) show the heading in not less than 12-point bold type,

(

c) show paragraph 1 in 12-point type, and

(

d) show the remainder of the statement in not less than 10-point

type.

(2) Where the statement of cancellation rights is not printed on the front

of the pre-need funeral services contract there shall be a notice printed

on the front of the contract, in not less than 12-point bold type,

indicating where on the contract the statement of cancellation rights is

printed.

Cancellation without penalty

10 For the purposes of

section 4.1(2) of the Act, the period within which

a pre-need funeral services contract may be cancelled without charge or

penalty is 30 days from the date on which the purchaser receives a copy of

the contract.

Maximum administration fee

11 For the purposes of

section 4.2(1) of the Act, an administration fee

shall not exceed 15% of the amount from which the licensee is entitled to

deduct that fee.

Transfer of money to authorized trustee

12(1) For the purposes of

section 6(1) of the Act, the period within

which a licensee shall transfer money in trust to an authorized trustee is

5 days from the date on which the cancellation period under

section 4.1 of

the Act expires.

(2) Notwithstanding subsection (1), where the cost of a pre-need funeral

services contract is paid by instalments and the licensee charges an

administration fee in accordance with

section 4.2(1)(

a) of the Act, the

licensee

(

a) may collect that administration fee from the initial instalment

payments until the full amount of the fee is satisfied, and

(

b) need not transfer any money in trust to an authorized trustee

until 5 days from the date on which the full amount of that administration

fee is satisfied.

Embalming

13(1) A funeral services business that offers embalming at one or more of

its business locations shall have in place a code of practice for

embalming that is established specifically for each location.

(2) A code of practice referred to in subsection (1) shall be prepared in

accordance with

section 26(1.1) of the Occupational Health and Safety Act

and the regulations under that Act.

(3) A funeral services business that offers embalming shall have at least

one room that is used exclusively for keeping, embalming and preparing

human bodies for disposition.

Notice to Director of changes

14 Every funeral services business licensee shall within 10 days give

written notice to the Director of

(

a) any change of address for service,

(

b) any change in the officers or members of the company or

partnership, and

(

c) the date on which the funeral services business or any of its

locations goes out of business or otherwise stops operating.

Records

15 Every funeral services business licensee shall

(

a) maintain full and adequate records of the business operation,

(

b) retain those records for a minimum period of 3 years following

provision of the services to which they relate or cancellation of the

contract to which they relate, and

(

c) permit an authorized representative of the Director to inspect

at all reasonable times the licensee's business records.

Annual audited report to Director

16(1) A funeral services business that enters into pre-need funeral

services contracts or holds money in trust pursuant to sections 5 and 6 of

the Act shall annually provide to the Director within 120 days of its

fiscal year end a report of its financial affairs for the preceding year in

the form set by the Director and completed by an independent chartered

accountant, certified general accountant or certified management

accountant.

(2) The Director may charge a fee of $100 to any funeral services business

that is late in providing the report referred to in subsection (1).

Permission from seniors residence or hospital

17 No licensee shall display or distribute information about pre-need

funeral services contracts

(

a) in any home or residence maintained for elderly persons or in

any hospital, or

(

b) on the grounds forming part of the home, residence or hospital,

unless the licensee obtains prior written permission from the management of

the home, residence or hospital.

Business Manager

Business manager

18(1) Each funeral services business shall appoint a person to act as the

business manager for the business.

(2) The business manager

(

a) shall represent the funeral services business in all matters

relating to its licensed activities,

(

b) is responsible for the operation of the funeral services

business and the conduct of the funeral directors, funeral director

trainees, embalmers, embalmer trainees, pre-need salespersons and pre-need

salesperson trainees employed by the business, and

(

c) shall ensure that the funeral services business maintains

records in accordance with the Act and this Regulation.

(3) The business manager shall ensure that it is a licensed funeral

director or a funeral director trainee acting under the supervision of a

licensed funeral director who

(

a) enters into funeral services contracts on behalf of the funeral

services business with members of the public, and

(

b) arranges or directs funeral or memorial services.

(4) The business manager for a funeral services business that is licensed

to sell pre-need funeral services contracts shall ensure that it is a

licensed pre-need salesperson who enters into pre-need funeral services

contracts on behalf of the business with members of the public.

(5) The business manager for a funeral services business that offers

embalming shall ensure that the embalming is performed by a licensed

embalmer or by an embalmer trainee under the supervision of a licensed

embalmer.

(6) The business manager may permit a funeral director who is under the

business manager's authority to work for other funeral services businesses

in an emergency and, in that situation, the business manager continues to

be responsible for the actions of that funeral director.

(7) The business manager shall within 5 days give to the Director

(

a) written notice of the date of commencement and termination of

the employment of every salesperson at the funeral services business, and

(

b) a change of sponsorship notification concerning any funeral

director, embalmer or pre-need salesperson hired by the funeral services

business.

(8) A funeral services business shall notify the Director immediately if

there is a change in the appointment of its business manager and provide

the Director with the name of the replacement business manager.

Funeral Directors, Embalmers

and Pre-need Salespersons

Funeral director licence

19 A funeral director licence authorizes the licensee to

(

a) enter into on behalf of the funeral services business any

funeral services contracts, including pre-need funeral services contracts,

that the business is authorized to enter into by the terms of its funeral

services business licence, and

(

b) arrange or direct funeral or memorial services

at all the business locations of the funeral services businesses that

employ the licensee.

Embalmer licence

20 An embalmer licence authorizes the licensee to perform embalming

pursuant to a funeral services contract at all the business locations of

the funeral services businesses that employ the licensee.

Pre-need salesperson licence

21 A pre-need salesperson licence authorizes the licensee to enter into

pre-need funeral services contracts

(

a) on behalf of a funeral services business that is authorized to

enter into pre-need funeral services contracts by the terms of its funeral

services business licence, and

(

b) at all the business locations of the funeral services

businesses that employ the licensee.

Application for funeral director, embalmer or pre-need salesperson licence

22(1) A person applying for a funeral director licence, an embalmer

licence or a pre-need salesperson licence shall make application to the

Director on the form set by the Director and the application shall be

accompanied with

(

a) the name of the business manager who has agreed to sponsor the

applicant,

(

b) a list of all the business locations of each funeral services

business at which the applicant intends to work as a funeral director, an

embalmer or a pre-need salesperson, as the case may be,

(

c) proof that the applicant has successfully completed an

appropriate training program provided or approved under

section 27,

(

d) any additional information required by the Director, and

(

e) the fee set out in

section 37.

(2) Notwithstanding subsection (1)(c), the Director may issue a funeral

director licence or an embalmer licence to an applicant who has not

successfully completed a training program provided or approved under

section 27 in the following circumstances:

(

a) in the case of an application for a funeral director licence,

if the applicant

(

i) has training or experience, or a combination of

training and experience, that is acceptable to the Director, and

(ii) demonstrates, to the satisfaction of the Director,

knowledge of legislation that the Director considers relevant to a funeral

services business;

(

b) in the case of an application for an embalmer licence, if the

applicant has embalming training or experience, or a combination of

embalming training and experience, that is acceptable to the Director.

(3) Where a person applying for a funeral director licence or an embalmer

licence is a non-resident of Alberta, the application

(

a) shall be accompanied with proof that the applicant is

authorized to work in another jurisdiction as a funeral director or an

embalmer, as the case may be, and

(

b) is exempt from subsection (1)(a).

Expiry

23 A funeral director licence, an embalmer licence, a pre-need

salesperson licence and any renewal of any of those licences expire on the

March 31 following their issue.

Renewal of funeral director, embalmer or pre-need salesperson licence

24(1) A person applying for a renewal of a funeral director licence, an

embalmer licence or a pre-need salesperson licence shall make application

to the Director on the form set by the Director and the application shall

be accompanied with

(

a) proof that the applicant has completed any continuing education

requirements under

section 29,

(

b) the name of the business manager who has agreed to sponsor the

applicant,

(

c) a list of all the business locations of each funeral services

business at which the applicant intends to work as a funeral director, an

embalmer or a pre-need salesperson, as the case may be,

(

d) any additional information required by the Director, and

(

e) the fee set out in

section 37.

(2) Where a person applying for a renewal of a funeral director licence or

an embalmer licence is a non-resident of Alberta, the application

(

a) shall be accompanied with proof that the applicant is

authorized to work in another jurisdiction as a funeral director or an

embalmer, as the case may be, and

(

b) is exempt from subsection (1)(b).

(3) A person whose funeral director licence, embalmer licence or pre-need

salesperson licence has expired shall apply under

section 22 for a new

licence.

(4) Notwithstanding subsection (3), where a funeral services business goes

out of business or otherwise stops operating or its licence is suspended or

cancelled or is not renewed by the Director, any funeral director, embalmer

or pre-need salesperson who was employed on that date by that business may

within 2 years of that date renew an expired licence under this section.

Change in employment

25 A funeral director, an embalmer or a pre-need salesperson who changes

employers shall notify the Director in writing of the change in employment

within 5 days of commencing the new employment.

Duties and Powers of the Director

Inspections

26(1) The Director may inspect any funeral services business to determine

whether the Act and this Regulation are being complied with.

(2) On completing an inspection, the inspector shall prepare a report on

the form set by the Director and provide a copy of the report to the

business manager of the business inspected and to the Director.

(3) If the inspection reveals deficiencies, the report shall contain a

list of the deficiencies.

Training programs

27(1) The Director may provide or approve training programs for funeral

director trainees, embalmer trainees and pre-need salesperson trainees and

may charge fees for registration in any program that is provided by the

Director.

(2) The Director shall make available on request of any person a list of

the training programs that have been approved by the Director.

(3) The Director may assess programs and courses that are offered in

jurisdictions outside Alberta to determine whether an applicant for a

funeral director licence, an embalmer licence or a pre-need salesperson

licence who received training in a jurisdiction outside Alberta has

complied with

section 22(1)(c).

Conditions of work for trainees

28 The Director shall establish the conditions under which funeral

director trainees, embalmer trainees and pre-need salesperson trainees may

carry out duties for a funeral services business.

Continuing education

29 The Director may require funeral directors, embalmers and pre-need

salespersons to complete continuing education programs and courses.

Educational standards

30 The Director shall consult with funeral services businesses when

developing

(

a) educational standards to be met by applicants for a funeral

director licence, an embalmer licence or a pre-need salesperson licence,

and

(

b) continuing education standards that may be required for renewal

of a funeral director licence, an embalmer licence or a pre-need

salesperson licence.

Providing information

31 The Director shall provide the following information on request of any

person:

(

a) the status of a funeral services business licence;

(

b) the name of a funeral services business;

(

c) the mailing address and location of a funeral services

business;

(

d) the name of the business manager for a funeral services

business;

(

e) the status of a funeral director licence, an embalmer licence

or a pre-need salesperson licence;

(

f) the name of the business manager who is responsible for a

funeral director, an embalmer or a pre-need salesperson;

(

g) an explanation of the responsibilities that funeral services

businesses have to members of the public.

Annual report

32 Not later than July 31 each year, the Director shall prepare and file

with the Minister an annual report that includes

(

a) an audited financial statement relating to the activities

carried out under this Regulation in the previous fiscal year,

(

b) the number of licences issued or renewed and the number of

applications refused in the previous year, and

(

c) a

summary of the activities carried out under this Regulation

by the Director in the previous year.

Registers

33 The Director shall maintain registers showing the name of

(

a) each funeral director,

(

b) each funeral director trainee,

(

c) each embalmer,

(

d) each embalmer trainee,

(

e) each pre-need salesperson,

(

f) each pre-need salesperson trainee,

(

g) each funeral services business,

(

h) each funeral services business that is licensed to enter into

pre-need funeral services contracts,

(

i) each funeral services business that offers embalming, and

(

j) the business manager for each funeral services business.

Complaints Resolution

Complaints

34(1) The Director may accept and investigate complaints.

(2) The complainant shall provide the particulars of the complaint in a

written or oral statement to the Director.

(3) A person employed by the Director for the purpose shall

(

a) investigate the complaint,

(

b) attempt to resolve the complaint and record all efforts made to

resolve the complaint, and

(

c) provide the record to the Director.

Mediation or arbitration

35(1) The Director may offer mediation or arbitration in accordance with

the Arbitration Act if

(

a) a complaint is not resolved under

section 34(3),

(

b) mediation or arbitration would, in the Director's opinion, be

an appropriate dispute resolution mechanism, and

(

c) the parties to a complaint agree to mediation or arbitration.

(2) If the parties to a complaint agree to mediation, the Director shall

appoint an independent mediator who has training in mediation.

(3) If the parties to a complaint agree to arbitration, the Director shall

appoint an independent arbitrator who has training in arbitration.

Disposition of Remains

Who may control disposition

36(1) In this section,

(a) "living with the deceased" includes a situation where

(

i) the deceased resided before death in a care

facility for health reasons and the spouse continued to provide the usual

spousal support customarily associated with couples intending to continue a

marital relationship, or

(ii) the deceased and the spouse were living apart at

the time of death due only to circumstances other than a marital breakdown;

(b) "parent" means, if the deceased is a minor, the parent who had

legal custody of the deceased at the time of death.

(2) The right to control the disposition of human remains or cremated

remains vests in and devolves on persons in the following order of

priority:

(

a) the personal representative designated in the will of the

deceased;

(

b) the spouse of the deceased if the spouse was living with the

deceased at the time of death, or a person who had been living with the

deceased at the time of death as spouse for a continuous period of at least

2 years;

(

c) an adult child of the deceased;

(

d) a parent of the deceased;

(

e) a guardian of the deceased under the Dependent Adults Act or,

if the deceased is a minor, under the Child Welfare Act or the Domestic

Relations Act;

(

f) an adult grandchild of the deceased;

(

g) an adult brother or sister of the deceased;

(

h) an adult nephew or niece of the deceased;

(

i) an adult next of kin of the deceased determined on the basis

provided by sections 8 and 9 of the Intestate Succession Act;

(

j) the Public Trustee;

(

k) an adult person having some relationship with the deceased not

based on blood ties or affinity;

(

l) the Minister of Family and Social Services.

(3) If, under subsection (2)(

c) to (h), the right to control the

disposition of human remains or cremated remains passes to persons of equal

rank, in the absence of agreement between or among them, the order of

priority begins with the eldest person in that rank and descends in order

of age.

(4) If the person who, under this section, has the right to control the

disposition of human remains or cremated remains is not available or is

unwilling to give instructions, that right passes to the next available

qualified person.

Fees

Fees

37(1) The fee for

(

a) a funeral services business licence that is payable by an

applicant who has not previously been issued that licence under this

Regulation is $200;

(

b) a funeral services business licence authorizing the entering

into of pre-need funeral services contracts that is payable by an applicant

who has not previously been issued that kind of funeral services business

licence under this Regulation is

(

i) the fee specified in clause (a), if applicable, and

(ii) an additional $200, if the funeral services

business will employ one or more pre-need salespersons during the licensing

period,

(iii) an additional $75, if the funeral services business

will employ no pre-need salespersons during the licensing period.

(2) The fee for a renewal of a funeral services business licence is the

sum of the following amounts:

(a) $150 plus $2 for each funeral services contract under which the

applicant provided funeral services in the year preceding the application;

(

b) if the licence authorizes the entering into of pre-need funeral

services contracts,

(i) $200, if the funeral services business will employ

one or more pre-need salespersons during the licensing period, or

(ii) $75, if the funeral services business will employ

no pre-need salespersons during the licensing period;

(c) $50 in the case of an application made after the applicant's

licence has expired.

(3) A person who acquires a funeral services business is required to

obtain a funeral services business licence with respect to the business,

notwithstanding that the business was the subject of a funeral services

business licence at the time the business was acquired.

(4) Subsection (2) applies to the calculation of the fee for a licence

required under subsection (3).

(5) The fee for a funeral director licence or for the renewal of a funeral

director licence is

(a) $100, and

(

b) an additional $25 in the case of an application made after the

applicant's licence has expired.

(6) The fee for an embalmer licence or for the renewal of an embalmer

licence is

(a) $100, and

(

b) an additional $25 in the case of an application made after the

applicant's licence has expired.

(7) Notwithstanding subsections (5) and (6), if an applicant applies for

both a funeral director licence and an embalmer licence, or for the renewal

of both a funeral director licence and an embalmer licence, the total fee

payable for the combined licence or for the renewal of the combined licence

(a) $175, and

(

b) an additional $25 in the case of an application made after the

applicant's combined licence has expired.

(8) The fee for a pre-need salesperson licence or for the renewal of a

pre-need salesperson licence is

(a) $100, and

(

b) an additional $25 in the case of an application made after the

applicant's licence has expired.

(9) Notwithstanding subsections (6) and (8), if an applicant applies for

both an embalmer licence and a pre-need salesperson licence, or for the

renewal of both an embalmer licence and a pre-need salesperson licence, the

total fee payable for the combined licence or for the renewal of the

combined licence is

(a) $175, and

(

b) an additional $25 in the case of an application made after the

applicant's combined licence has expired.

(10) An applicant who applies on or after October 1 for any licence shall

pay half the applicable fee for that licence specified in this section.

(11) Subsection (10) does not apply to any additional fee payable in the

case of an application made after the applicant's licence has expired.

Transitional

Licences continued

38(1) Where, on November 30, 1998, a person held a licence issued under

the Funeral Services Business Licensing Regulation (AR 360/92),

(

a) that person continues to hold that licence as if it were issued

under the Act and this Regulation, and

(

b) that licence expires on March 31, 1999.

(2) Where, on November 30, 1998, a person held a licence issued under the

Prearranged Funeral Services Act as it existed on that date or under the

Prearranged Funeral Services Regulation (AR 103/92),

(

a) that person continues to hold that licence under the Act and

this Regulation, and

(

b) that licence expires on March 31, 1999.

Applications continued

39 An application for a licence made under the Prearranged Funeral

Services Act as it existed on November 30, 1998, the Funeral Services

Business Licensing Regulation (AR 360/92) or the Prearranged Funeral

Services Regulation (AR 103/92) and not concluded by November 30, 1998

shall be dealt with under the Act and this Regulation.

Continuing education relief for certain continued licences

40 Notwithstanding

section 24(1)(a), where the Director renews the

pre-need salesperson licence of an applicant who held a salesman licence

issued under the Prearranged Funeral Services Regulation (AR 103/92) and

who was not the subject of any substantiated complaints related to that

licence, the Director shall renew the licence

(

a) without imposing any continuing education requirement under

section 29, where the applicant held that licence for a period of 5 or more

consecutive years ending on November 30, 1998, or

(

b) on the condition that the applicant complete a designated

pre-need salesperson training program and pass the program's final

examination by March 31, 2000, where the applicant held that licence for a

period of less than 5 consecutive years ending on November 30, 1998.

Extended period for report

41 A funeral services business whose fiscal year end occurs between

December 1, 1998 and April 30, 1999 does not have to provide the report

required by

section 16 until 120 days after its following fiscal year end

and that report shall cover its financial affairs for the period between

December 1, 1998 and its most recent fiscal year end.

Repeal, Expiry and Coming into Force

Repeal

42 The Prearranged Funeral Services Regulation (AR 103/92) is repealed.

Expiry

43 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 November 30, 2003.

Coming into force

44 This Regulation comes into force on December 1, 1998.

SCHEDULE

The following shall appear in the statement of cancellation rights in each

pre-need funeral services contract:

Purchaser's Right to Cancel

1 You may cancel this contract at any time for any reason. You may

cancel without charge or penalty at any time during the period from the day

you enter into the contract until 30 days after you receive a copy of the

contract.

[Note to funeral services business: insert the version of paragraph 2 that

corresponds to your election of when to charge the administration fee.]

2 After the penalty-free 30-day cancellation period is over, the seller

will charge an administration fee of _____% of the cost of the contract

before your payment is placed in trust. This administration fee is

non-refundable if you cancel.

2 After the penalty-free 30-day cancellation period is over, the seller

will place all of your payment in trust but if you cancel, the seller will

charge a non-refundable administration fee of _____% of the total amount in

your pre-need funeral plan.

3 If you cancel this contract, the seller has 15 days to refund any money

you are owed. To cancel, you shall give a notice of cancellation to the

seller at the address in this contract. You should give notice of

cancellation by a method that will allow you to prove that you gave notice,

such as registered mail, fax, courier or by personal delivery.

4 Money for your pre-need funeral plan will be placed in a trust account

with (name of trustee, branch and address). You may request a statement

regarding your plan from this trustee at any time.

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

Alberta Regulation 227/98

Licensing of Trades and Businesses Act

DIRECT SELLING BUSINESS LICENSING AMENDMENT REGULATION

Filed: November 5, 1998

Made by the Minister of Municipal Affairs (M.O. H:102/98) pursuant to

section 4(1)(

b) of the Licensing of Trades and Businesses Act.

1 The Direct Selling Business Licensing Regulation (AR 315/82) is amended

by this Regulation.

Section 1(3) is amended

(

a) by repealing clause (

e) and substituting the following:

(

e) a person who is licensed under the Funeral Services

Act to enter into funeral services contracts, including a person who is

licensed to enter into pre-need funeral services contracts,

(

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

(o.1) a person who is licensed under the Cemeteries Act

to enter into pre-need contracts for the sale of cemetery supplies or

cemetery services or both.

(

c) by repealing clause (p).

3 This Regulation comes into force on December 1, 1998.

Alberta Regulation 228/98

Licensing of Trades and Businesses Act

FUNERAL SERVICES BUSINESS LICENSING REPEAL REGULATION

Filed: November 5, 1998

Made by the Minister of Municipal Affairs (M.O. H:103/98) pursuant to

sections 4(1) and 4.1 of the Licensing of Trades and Businesses Act.

1 The Funeral Services Business Licensing Regulation (AR 360/92) is

repealed.

2 This Regulation comes into force on December 1, 1998.

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

Alberta Regulation 229/98

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: November 6, 1998

Made by the Alberta Energy and Utilities Board pursuant to

section 10 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 in item 7 by striking out "without regard

for any deepening that may be made after substantially continuous drilling

has once ceased".

Section 12.010 is repealed and the following is substituted:

12.010 The licensee of a well or the representative of the licensee

of a well shall keep and file with the Board records and reports relating

to the operations of the well in accordance with Guide 59 entitled "Well

Drilling and Completion Data Filing Requirements" and any amendment to that

Guide, as published by the Board.

Schedule 3 is repealed.

Alberta Regulation 230/98

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 448/98) pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans Act.

1 The Local Authorities Pension Plan (AR 366/93) is amended by this

Regulation.

2 The following provisions are amended by striking out "1998" wherever it

occurs and substituting "1999":

(

a) section 117.1(1) and (7);

(

b) section 117.2(1) and (8);

(

c) section 117.3(1) and (8);

(

d) section 117.5(1) and (8).

3 This Regulation is to come into force if, and only if, the Local

Authorities Pension Plan Board of Trustees, before 1999, recommends its

coming into force, and, if it does come into force, it does so on the day

that the recommendation is made.

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

Alberta Regulation 231/98

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION

Filed: November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 449/98) pursuant to

Schedule 2,

section 4 of the Public Sector Pension Plans Act.

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

Regulation.

2 The following provisions are amended by striking out "1998" wherever

it occurs and substituting "1999":

(

a) section 117.1(1) and (7);

(

b) section 117.2(1) and (8);

(

c) section 117.3(1) and (8);

(

d) section 117.5(1) and (8);

(

e) section 117.6(1) and (8).

Section 117.4 is amended

(

a) in subsection (1) by striking out "until the end of December

1998";

(

b) by repealing subsections (7.1) and (8).

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

Alberta Regulation 232/98

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN

AMENDMENT REGULATION

Filed: November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 450/98) pursuant to

Schedule 5,

section 4 of the Public Sector Pension Plans Act.

1 The Management Employees Pension Plan (AR 367/93) is amended by this

Regulation.

2 The following provisions are amended by striking out "1998" wherever it

occurs and substituting "1999":

(

a) section 117.2(1) and (8);

(

b) section 117.3(1) and (8);

(

c) section 117.4(1) and (8);

(

d) section 117.5(1) and (8);

(

e) section 117.6(1) and (8).

Section 117.4(7.1) is repealed.

Alberta Regulation 233/98

Funeral Services Act

EXEMPTION REGULATION

Filed: November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 452/98) pursuant to

section 2 of the Funeral Services Act.

Exemption from certain provisions

1 Sections 4.1 to 9 of the Funeral Services Act do not apply to any

person who is a party to or beneficiary of a contract of life insurance

under the Insurance Act where the proceeds of that insurance

(

a) will pay in whole or in part for specified funeral services, or

(

b) will be paid by assignment to a funeral services business as

beneficiary.

Expiry

2 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 November 30, 2003.

Coming into force

3 This Regulation comes into force on December 1, 1998.

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

Alberta Regulation 234/98

Municipal Government Act

HENRY KROEGER REGIONAL WATER SERVICES

COMMISSION AMENDMENT REGULATION

Filed: November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 457/98) pursuant to

section 602.02 of the Municipal Government Act.

1 The Henry Kroeger Regional Water Services Commission Regulation (AR

30/88) is amended by this Regulation.

Section 2 is amended by adding the following after clause (d):

(d.1) The Village of Delia;

(d.2) Starland County;

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

5(1) The municipalities referred to in

section 2(a), (b), (c), (

d) and (

e) shall execute all documents and do all things necessary to transfer

to the Commission all land, buildings and personal property listed in

Schedule 1 to this Regulation.

(1.1) The municipalities referred to in

section 2(d.1) and (d.2) and

the SDS Water Authority shall execute all documents and do all things

necessary to transfer to the Commission all land, buildings and personal

property listed in

Schedule 2 to this Regulation.

Section 6 is amended by adding "or the SDS Water Authority" after

"section 2" and by striking out "Schedule" and substituting "Schedules".

Section 7 is amended by striking out "Schedule" and substituting

"Schedules" and by adding "or the SDS Water Authority" after "members of

the Commission".

6 The

Schedule following

section 7 is renumbered as

SCHEDULE 1 and the

following is added after

SCHEDULE 1:

SCHEDULE 2

Treated water supply pipeline from the Henry Kroeger Regional Water

Commission pumping station in Hanna to the Village of Delia's treated water

storage tanks and the Hamlet of Craigmyle's treated water supply storage

tanks, including

(a) 9 964 metres of 150mm Series 200 pipe;

(b) 22 746 metres of 150mm Series 160 pipe;

(c) 5 123 metres of 75mm Series 160 pipe.

Related pipeline appurtenances, including 3 automatic air/vac manholes, 19

manual air release valves, 13-150mm gate valves, 4-75mm gate valves,

pipeline warning signs and 15 089 metres of tracer wire.

Peabody Tec Tank bolted steel reservoir (32 276 USG capacity) and related

appurtenances including manways, roof vents, ladder, and guard rails.

Heated underground precast concrete control vault.

One S250 X 38 I beam with CM Series 632 Model 3234 Trolley and CM Series

622 Model 2256 Hoist.

Power monitoring system including IQ central energy display, custom billing

software, IQ energy sentinels, and PONI RS 232 communication adaptor.

Tank and vault located on Block 1 Registered Plan 971 0892.

2 Peerless Model 6LB 9 stage vertical open lineshaft turbine pumps with a

flow capacity of 92 USGPM at 3460 RPM.

Chlorine injection equipment.

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

Alberta Regulation 235/98

Municipal Government Act

EDMONTON INTERNATIONAL AIRPORT VICINITY PROTECTION

AREA AMENDMENT REGULATION

Filed: November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 458/98) pursuant to

section 693 of the Municipal Government Act.

1 The Edmonton International Airport Vicinity Protection Area Regulation

(AR 63/81) is amended by this Regulation.

Section 4(2.1) is repealed and the following is substituted:

(2.1) Notwithstanding anything in this Regulation, a development

officer may issue a development permit for a veterinary clinic to be

located on either or both of Lot 1, Block N, Plan 772 2434 and Lot 9, Block

N, Plan 802 2594, and, if issued, the development permit shall contain the

condition that the construction of buildings shall conform to the exterior

acoustic insulation requirements of the Alberta Building Code that applies

to the construction.

Schedule C Table 2 is amended in the description of conditions "C1 or

C2" by striking out "Part 11 of the Alberta Building Code 1990" and

substituting "the Alberta Building Code that applies to the construction".