Alberta Gazette — 15 August (ii)

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Alberta — Gazette

Alberta Gazette — 15 August (ii)

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Alberta — Gazette

Alberta Regulation 131/2001

Dairy Board Act

MINIMUM MILK PRICE ORDER

Filed: July 16, 2001

Made by the Alberta Energy and Utilities Board (Order U2001-158) on July

12, 2001 pursuant to

section 12 of the Dairy Board Act.

Minimum price

1 All Class 1 milk shall be purchased on a hectolitre basis and where

that milk has a butterfat content of 3.60 kilograms per hectolitre the

minimum price for that Class 1 milk shall be $65.77 per hectolitre.

Repeal

2 The Minimum Milk Price Regulation (AR 199/2000) is repealed.

Coming into force

3 This Order comes into force July 20, 2001.

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

Alberta Regulation 132/2001

Electric Utilities Act

REGULATED RATE OPTION REGULATION

Filed: July 17, 2001

Made by the Minister of Energy (M.O. 22/2001) on July 12, 2001 pursuant to

section 31.995(1) of the Electric Utilities Act.

Table of Contents

Interpretation 1

Requirement to Provide Regulated Rate Tariff

Requirement to prepare regulated rate tariff 2

Regulated rate tariff set by negotiation 3

Board consideration 4

Regulated rate tariff of REA or municipality 5

Effect of regulated rate tariff 6

Prescribed Charge

Prescribed charge 7

Prohibition on over-charging 8

Authority of Board to review prescribed charge 9

Approval of amount to be collected from or refunded

to eligible customers 10

Miscellaneous Provisions

Effect of tariff that exceeds prescribed charge 11

Regulation inapplicable to REA 12

Power pool rules inapplicable 13

Disputes 14

Authorized wire services provider 15

Delegation of duties 16

Repeal and Expiry

Repeal 17

Expiry 18

Interpretation

1(1) In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "eligible customer" means

(

i) a rate classification customer, and

(ii) during the first 3 years of the transition period,

any customer if

(

A) the annual consumption of electric

energy at a site for which the customer is responsible for purchasing

electric energy was less than 250 MWh in 1999, or

(

B) there is a reasonable forecast that the

annual consumption of electric energy at a site for which the customer is

responsible for purchasing electric energy will be less than 250 MWh in

each of the first 3 years of the transition period;

(c) "forecast", in respect of a site, means a forecast made by

(

i) the owner of the electric distribution system in

whose service area the site is located, or

(ii) a person acting pursuant to

section 15 or 16 on

behalf of the owner referred to in subclause (i);

(d) "owner" means the owner of an electric distribution system;

(e) "rate classification customer" means

(

i) a residential rate classification customer,

(ii) a farm rate classification customer, or

(iii) an irrigation rate classification customer,

as defined in a regulated rate tariff;

(f) "regulatory authority" means,

(

i) in respect of a municipality or a subsidiary of a

municipality that owns an electric distribution system, the council of the

municipality;

(ii) in respect of a rural electrification association,

the board of directors of the rural electrification association;

(iii) in respect of any other owner, the Board;

(g) "site" means a site as defined in the settlement system code

established under

section 20 of the Roles, Relationships and

Responsibilities Regulation (AR 86/2000);

(h) "transition period" means the period beginning on January 1,

2001 and ending at 12 midnight on December 31, 2005.

(2) Where

(

a) an owner authorizes a wire services provider to act on its

behalf in respect of any power or duty under this Regulation, or

(

b) a wire services provider makes arrangements with another person

to act on its behalf in respect of any power or duty under this Regulation,

a reference in this Regulation to an owner is to be read as a reference to

the wire services provider or other person, as the case may be.

(3) For the purposes of the Act and the regulations made under the Act,

(

a) a regulated rate tariff approved by or filed with the Board

under this Regulation is a stable rate tariff as referred to in the Act or

other regulation, and

(

b) a regulated rate charged to a customer under a regulated rate

tariff approved by or filed with the Board under this Regulation is a

stable rate as referred to in the Act or other regulation.

Requirement to Provide Regulated Rate Tariff

Requirement to prepare regulated rate tariff

2(1) Each owner other than a rural electrification association, a

municipality or a subsidiary of a municipality must prepare a regulated

rate tariff and apply to the Board for approval of the tariff.

(2) As part of the application referred to in subsection (1), the owner

may apply for approval of arrangements to manage financial risk associated

with the electric energy supply required to meet the obligations under its

regulated rate tariff.

(3) A regulated rate tariff prepared under this

section must include

offer electricity services,

(

b) the charge for electric energy to be provided under the tariff,

(

i) as set by the Minister under

section 7 of this

Regulation or a predecessor to this Regulation, or

(ii) where the charge has not been set by the Minister

as described in subclause (i), as determined in accordance with the tariff,

and

(

c) separate charges for providing each of the following services:

(

i) system access service;

(ii) distribution access service;

(iii) billing.

(4) Where a charge under subsection (3)(b)(ii) is for consumption of

electric energy, the charge must be shown in the tariff as a dollar amount

per kilowatt hour.

(5) Where a charge under subsection (3)(b)(ii) is not for consumption of

electric energy, the charge must be shown in the tariff, for each month or

other period specified in the tariff, as a dollar amount

(

a) per kilowatt or kilo-volt-ampere of demand, or

(

b) per streetlight, residence or other property on which the

charge is based.

(6) A charge referred to in subsection (4) or (5) may not be changed after

the period to which it relates has expired.

(7) A regulated rate tariff must describe how the tariff may change over

the period in which it is intended to have effect.

Regulated rate tariff set by negotiation

3(1) Instead of preparing a regulated rate tariff in accordance with

section 2, an owner to which

section 2(1) applies may attempt to negotiate

under

Part 6 of the Act with representatives of eligible customers whose

sites are located in the service area of that owner's electric distribution

system to establish a regulated rate tariff.

(2) The Board may appoint a mediator to assist the parties in their

negotiations.

(3) A person who is a member of the Board or has a material interest in

any one or more of the parties participating in the negotiations is not

eligible to be appointed under subsection (2).

(4) Where a regulated rate tariff is negotiated pursuant to this section,

the owner must apply to the Board for approval of the tariff.

Board consideration

4(1) When considering an application under

section 2 or 3 for approval of

a regulated rate tariff, the Board must have regard for the principle that

a regulated rate tariff must provide the owner with a reasonable

opportunity to recover the prudent costs and expenses incurred by the owner

or the person acting on behalf of an owner in providing electricity

services pursuant to the tariff.

(2) Subsection (1) does not apply in respect of costs and expenses that

are included in the prescribed charge under

section 7, during the period in

which the prescribed charge is to apply.

Regulated rate tariff of REA or municipality

5(1) Each owner that is a rural electrification association, a

municipality or a subsidiary of a municipality must provide a copy of its

regulated rate tariff to the Board for information prior to the date the

tariff takes effect.

(2) Section 2(3) to (7) apply to a tariff provided to the Board under

subsection (1).

(3) An owner referred to in subsection (1) may elect to apply to the Board

for approval of its regulated rate tariff.

(4) Where an owner makes the election referred to in subsection (3),

sections 2, 3 and 4 of this Regulation apply.

Effect of regulated rate tariff

6 During the transition period, each owner must offer to eligible

customers in the service area of the owner's electric distribution system

the option of purchasing electricity services in accordance with the terms

and conditions of the owner's regulated rate tariff instead of purchasing

electricity services from another retailer.

Prescribed Charge

Prescribed charge

7(1) The Minister may prescribe

(

a) the amount to be charged for electric energy under a regulated

rate tariff referred to in sections 2, 3 and 5, and

(

b) the length of time within the transition period in which the

prescribed charge is to apply.

(2) After consulting with interested parties, the Minister must decide

whether to prescribe an amount under subsection (1)(

a) to be charged after

December 31, 2001.

Prohibition on over-charging

8 No owner or person acting on behalf of an owner pursuant to

section 15

or 16 may collect an amount that exceeds the prescribed charge under

section 7 in respect of

(

a) electric energy provided pursuant to a regulated rate tariff,

and

(

b) management fees or any other fees or amounts, including any

return or risk margin, for electric energy provided pursuant to a regulated

rate tariff,

during the period in which the prescribed charge is to apply.

Authority of Board to review prescribed charge

9(1) The Board may on its own motion or on an application by an owner or

an eligible customer review the prescribed charge under

section 7.

(2) No application may be made and no review by the Board may occur under

this

section before July 1 of the year in which the prescribed charge

applies.

(3) When reviewing the prescribed charge, the Board must have regard for

the following principles:

(

a) an owner must prudently procure a supply of electric energy;

(

b) an owner must make prudent arrangements to manage financial

risk associated with the electric energy supply required to meet the

obligations under its regulated rate tariff;

(

c) an owner must have a reasonable opportunity to recover the

prudent costs and expenses of carrying out the duties described in clauses

(

a) and (b), including a reasonable rate of return on capital employed and

appropriate compensation for services provided and risks undertaken.

(4) Where, after the coming into force of this Regulation, the Board on

application approves an owner's arrangements referred to in subsection

(3)(

a) and (

b) and the owner complies with any conditions imposed by the

Board relating to those arrangements, the Board has no authority to decide

on a review of the prescribed charge under this

section that those

arrangements are not prudent.

(5) The Board

(

a) must decide whether the prescribed charge under

section 7

reflects the principles set out in subsection (3),

(

b) may recommend that an owner be permitted to collect or required

to refund an amount in addition to the prescribed charge, and

(

c) may make recommendations as to the eligible customers from whom

an amount approved under

section 10(1) may be collected or to whom an

amount approved under

section 10(1) may be refunded.

(6) On completing a review, the Board must provide its recommendation to

the appropriate regulatory authority.

Approval of amount to be collected from or refunded to eligible customers

10(1) On receipt of the Board's recommendations, a regulatory authority

may approve an amount to be collected from or refunded to eligible

customers.

(2) Where an owner's regulatory authority approves an amount under

subsection (1), the owner must collect or refund the amount for a person

acting on behalf of the owner pursuant to

section 15 or 16.

(3) The amount approved by a regulatory authority under subsection (1)

(

a) must be collected from or refunded to the eligible customers

determined by the regulatory authority, and

(

b) must be collected or refunded

(

i) beginning in January of the year following the year

in which the amount is approved,

(ii) over the period of time set by the regulatory

authority, and

(iii) under the owner's distribution tariff.

Miscellaneous Provisions

Effect of tariff that exceeds prescribed charge

11 A regulated rate tariff or a component of a regulated rate tariff

(

a) approved by the Board, or

(

b) filed with the Board,

before the coming into force of this Regulation is deemed to be modified to

be consistent with this Regulation.

Regulation inapplicable to REA

12 Where a charge is prescribed under

section 7, the board of directors

of a rural electrification association may approve an amount to be

collected from or refunded to its members in addition to the prescribed

charge, in the absence of a review by the Board under

section 9, if

(

a) the rural electrification association has prepared a regulated

rate tariff, and

(

b) no person has been authorized under

section 15 or 16 to act on

its behalf to provide its members with electricity services pursuant to its

regulated rate tariff.

Power pool rules inapplicable

13 An owner is not required to provide financial security as determined

under the rules of the power pool in respect of the electric energy

acquired by the owner to meet its obligations under its regulated rate

tariff.

Disputes

14 The owner's regulatory authority must settle any dispute that arises

with respect to whether a customer is an eligible customer for the purposes

of a regulated rate tariff.

Authorized wire services provider

15 Any function or obligation of an owner under this Regulation may be

performed by a wire services provider that has been authorized by the owner

to act on its behalf.

Delegation of duties

16 A wire services provider that has been authorized to act on an

owner's behalf may make arrangements with other persons to perform any or

all of the obligations of the wire services provider under this Regulation

(

a) if the arrangements do not lessen or remove the responsibility

or liability of the wire services provider for performing the obligations,

and

(

b) if the arrangements are approved by the owner's regulatory

authority.

Repeal and Expiry

Repeal

17 The Regulated Rate Option Regulation (AR 45/2000) is repealed.

Expiry

18 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 June 30, 2006.

Alberta Regulation 133/2001

Alberta Health Care Insurance Act

EXTENDED HEALTH SERVICES BENEFITS

AMENDMENT REGULATION

Filed: July 20, 2001

Made by the Minister of Health and Wellness (M.O. 60/2001) on July 17, 2001

pursuant to

section 7 of the Alberta Health Care Insurance Act.

1 The Extended Health Services Benefits Regulation (AR 383/94) is amended

by this Regulation.

Section 1(

a) is amended by striking out "dental surgeon" and

substituting "dentist".

Section 3 is repealed and the following is substituted:

Limitations - dentists, denturists

3 Benefits for goods and services provided to any one eligible

person by a dentist or a dental mechanic are subject to the following

limitations:

(

a) a benefit for a complete denture for a given arch

(upper or lower jaw) will be paid no more frequently than once in every 5

years, and then only if no previous benefit has been paid for a denture or

reset (including rebase) for the arch during that period;

(

b) a benefit for a partial denture for a given arch

will be paid no more frequently than once in every 5 years;

(

c) a benefit for a reline for a denture will be paid

no more frequently than once in every 2 years, and then once if no previous

benefit has been paid for a reline or rebase for the denture during that

period.

4 The title "LIST OF DENTAL SURGEON GOODS AND SERVICES" following

section

7 is struck out and the title "LIST OF DENTIST GOODS AND SERVICES" is

substituted.

5 The LIST OF DENTAL MECHANIC GOODS AND SERVICES is amended by adding the

following after item (d):

(

e) oral exams.

Alberta Regulation 134/2001

Apprenticeship and Industry Training Act

CRANE AND HOISTING EQUIPMENT OPERATOR

TRADE AMENDMENT REGULATION

Filed: July 20, 2001

Made by the Alberta Apprenticeship and Industry Training Board on June 25,

2001 pursuant to

section 33(2) of the Apprenticeship and Industry Training

Act and approved by the Minister of Learning on July 16, 2001.

1 The Crane and Hoisting Equipment Operator Trade Regulation (AR

272/2000) is amended by this Regulation.

2 In the following provisions "December 31, 2001" is struck out and "June

30, 2002" is substituted:

section 28(1);

section 29;

section 30.

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

Alberta Regulation 135/2001

Apprenticeship and Industry Training Act

IRONWORKER TRADE AMENDMENT REGULATION

Filed: July 20, 2001

Made by the Alberta Apprenticeship and Industry Training Board on June 25,

2001 pursuant to

section 33(2) of the Apprenticeship and Industry Training

Act and approved by the Minister of Learning on July 16, 2001.

1 The Ironworker Trade Regulation (AR 285/2000) is amended by this

Regulation.

Section 6 is amended by adding the following after clause (b):

(b.1) the disassembly of structures;

Section 13 is amended by striking out "and erection" and substituting

", erection and disassembly".

Alberta Regulation 136/2001

Alberta Housing Act

SOCIAL HOUSING ACCOMMODATION AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Minister of Seniors (M.O. H:034/2001) on July 24, 2001 pursuant

section 34(1)(i)(ii) of the Alberta Housing Act.

1 The Social Housing Accommodation Regulation (AR 244/94) is amended by

this Regulation.

Section 6 is amended

(

a) in subsection (1) by striking out "at least annually in

accordance with

Part 1 of

Schedule B" and substituting "annually in

accordance with

Part 1 of

Schedule B and in accordance with an annual rent

review timetable, if any, established by the management body";

(

b) by repealing subsection (2) and substituting the following:

(2) Notwithstanding

section 4(2)(

f) of the Housing

Accommodation Tenancies Regulation (AR 242/94) and in addition to reviews

under subsection (1), the basic rent referred to in subsection (1)

(

a) may be increased to reflect a household's ability

to pay only when there has been

(

i) a misrepresentation of income or income

not fully declared by the household,

(ii) a change in the composition of a

household, or

(iii) a change as defined by the Minister,

and

(

b) must be reduced if the household's total annual

income decreases by an amount established by the Minister.

Alberta Regulation 137/2001

Special Areas Act

SPECIAL AREAS DISPOSITION REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 282/2001) on July 24, 2001

pursuant to

section 5 of the Special Areas Act.

Table of Contents

Definitions 1

Part 1

General

Dispositions 2

Amounts payable under disposition 3

Refusal 4

Application for disposition 5

Statement re shareholders 6

Duties of holder 7

Order to carry out work 8

Exploration 9

Reclamation of land 10

Renewal 11

Refusal of assignment 13

Indemnification 14

Waiver of condition 15

Service 16

Arrears of rent 17

Part 2

Grazing Dispositions

Definition 18

Division 1

General

Application for grazing disposition 19

Limitation re corporate holder 20

Range management 21

Statement to Minister 22

Brands required 23

Credit for water development 24

Improvements 25

No cultivation without permit 26

Confining livestock 27

Use of hay 28

Division 2

Grazing Leases

Issuance and renewal 29

Assignments 30

Refusal of assignment 31

Partial assignments 32

Land bordering water 33

Joint grazing 34

Contagious animal disease 35

Withdrawal from lease 36

Division 3

Grazing Permits

Authority to issue 37

Permit not assignable 38

Part 3

Cultivation Dispositions

Definition 39

Division 1

General

Application for cultivation disposition 40

Limitation re corporate holder 41

Improvements 42

Increasing cultivation area 43

Division 2

Cultivation Leases

Issuance and renewal 44

Commencement 45

No compensation for improvements 46

Division 3

Cultivation Permits

Authority to issue 47

Expiry 48

Permit not assignable 49

Part 4

Hay Permits

Authority to issue 50

Term 51

Permit not assignable 52

Exclusive right 53

Declaration 54

Part 5

Community Pasture Dispositions

Definitions 55

Minister may issue permits 56

Permit required 57

Application 58

Breeding pastures 59

Particulars of permit 60

Allotment committee 61

Allotment of livestock 62

Dues 63

Disease 64

Presenting permit 65

Branding 66

Castration 67

Removal of livestock 68

Minister not liable 69

Part 6

Mineral Surface Leases

Definition 70

Issuing of lease 71

Application 72

Existing disposition 73

Entry before lease 74

Crossing roadway 75

Increasing leased area 76

Successors, assigns, etc 77

Consent to assignment 78

Structures, equipment, etc. 79

Part 7

Right of Way Dispositions

Definitions 80

Agreements by Minister 81

Entry before agreement 82

Increase in area 83

Implied easement 84

Right of access 85

Additional pipeline 86

Rights under agreement 87

Notice of construction 88

Completion of work 89

Removal of material 90

Part 8

Miscellaneous Dispositions

Miscellaneous dispositions 91

Application for disposition 92

Consent to assignment 93

Part 9

Transitional Provisions, Repeals and Expiry

Transitional - grazing lease 94

Transitional - dispositions 95

Repeals 96

Expiry 97

Definitions

1 In this Regulation,

(a) "Act" means the Special Areas Act and, where the context

requires because of the operation of

section 5 of the Special Areas Act,

includes the Public Lands Act;

(b) "Board" means the Special Areas Board;

(c) "Minister" means the Minister of Municipal Affairs;

(d) "occupant" means any person shown in the records of the

Minister as having an interest in land;

(e) "public land" means land belonging to the Crown in right of

Alberta and under the administration of the Minister.

PART 1

GENERAL

Dispositions

2 The Minister may issue and renew dispositions of public land within

special areas in accordance with this Regulation.

Amounts payable under disposition

3 The Minister may prescribe the rent, rates, dues and royalties payable

under any disposition.

Refusal

4 The Minister may refuse to issue or renew a disposition if the

applicant or holder has a debt owing to the Crown or the Board arising out

of the operation of the Act or this Regulation.

Application for disposition

5(1) An application for a disposition

(

a) must be made in a form and manner acceptable to the Minister,

(

b) must accurately describe the land to which the application

relates, and

(

c) must be accompanied with the fees prescribed in the Special

Areas Service Fees Regulation and the applicable rent prescribed by the

Minister.

(2) An application for a disposition under

Part 6, 7 or 8 must be

accompanied with the following:

(

a) the consent of the occupant, if any, of the land involved;

(

b) the acknowledgment and acceptance of that consent by the

applicant;

(

c) a sketch or plan in a form acceptable to the Minister.

Statement re shareholders

6(1) The Minister may, when a disposition is issued or at any time during

its term, by notice in writing sent by ordinary mail, require a corporation

holding an interest in the disposition to file with the Minister a

statement certified by an officer or director of the corporation, showing

the name, address and citizenship of, and the number of shares held by,

each of the corporation's shareholders.

(2) A corporation to which a disposition is issued shall notify the Board

in writing of any change in the name of the corporation.

Duties of holder

7 The holder of a disposition shall

(

a) pay promptly and regularly, as it becomes due and payable, any

tax, rate or assessment that is duly assessed and charged against the

holder of the disposition or against the land under the disposition;

(

b) pay promptly and regularly any rent, rate, royalty, charge or

fee that is payable by the holder under the disposition or this Regulation;

disposition;

(

d) not commit or permit waste on the land under the disposition;

(

e) not allow the accumulation of waste material, debris, refuse or

garbage on the land under the disposition unless authorized under the

disposition;

(

f) not use a structure or building on the land under the

disposition as a dwelling place or an office unless the Minister consents

in writing to that use;

(

g) keep and maintain in a good and serviceable state of repair any

building or other improvement that the holder is authorized to occupy or

use and that is on the land under the disposition;

(

h) not erect any building or improvements on the land under the

disposition other than those authorized under the disposition or this

Regulation;

(

i) erect fences, cattle guards, fireguards and other works as

directed by the Minister.

Order to carry out work

8(1) Where the Minister considers that a holder has contravened

(

a) section 7(d), (e), (g), (

h) or (i), or

(

b) a term or condition of the disposition,

the Minister may issue an order to the holder requiring the holder to carry

out the work specified in the order in the manner and within the time

outlined in the order.

(2) Where the holder fails to comply with an order under subsection (1) to

the Minister's satisfaction, the Minister may carry out the work or cause

it to be carried out.

(3) The Minister may recover the costs of carrying out an order under

subsection (2) from the holder as debt owing to the Crown.

Exploration

9(1) The Minister may, with respect to any land under a disposition, other

than a disposition under

Part 7, grant to any person the right to enter on

the land to explore and search for sand or gravel, and permission of the

Minister includes permission to take onto the land any equipment that may

be required in those operations.

(2) The holder is not entitled to any compensation with respect to the

operations described in subsection (1) except for actual damages that the

holder suffers as a result of them and any other damages the holder may be

entitled to by virtue of any other law.

Reclamation of land

10(1) Where a disposition issued under

Part 6, 7 or 8 expires, is

cancelled or is abandoned by the holder, the holder shall restore and

reclaim the land under the disposition in the manner and within the time

that is acceptable to the Minister.

(2) If the holder contravenes subsection (1), the Minister may, despite

the fact that the disposition has expired or has been cancelled or

abandoned, issue an order in writing requiring the holder to do any work

that the Minister considers necessary to properly restore and reclaim the

land.

(3) Section 8(2) and (3) apply where the holder fails to comply with an

order under subsection (2) of this section.

(4) This

section applies in addition to the applicable requirements, if

any, of the Environmental Protection and Enhancement Act and regulations in

respect of conservation and reclamation.

Renewal

11(1) Where the holder is in compliance with the Act, this Regulation and

(

a) renew the disposition, or

(

b) issue a new disposition to that holder, instead of renewing the

disposition.

(2) The Minister

(

a) may, subject to this Regulation, renew or issue a disposition

under subsection (1) for the period of time the Minister considers

appropriate, and

(

b) on renewing or issuing a disposition under subsection (1), may

disposition was subject.

12 The Minister may, with the consent of the disposition holder, add

conditions in a disposition.

Refusal of assignment

13(1) The Minister shall not consent to the assignment of a disposition

unless the Minister is satisfied that

(

a) the assignee is eligible to hold the disposition, and

(

b) no party to the assignment is in arrears in respect of any debt

owing to the Crown or the Board in respect of the disposition or, if a

party is in arrears, satisfactory arrangements have been made to pay the

amount owing.

(2) Subsection (1) does not apply in respect of the assignment of a

grazing lease.

Indemnifica-tion

14 The holder of a disposition shall keep the Minister indemnified

against all actions, claims and demands brought or made against the

Minister by reason of anything done by the holder in the exercise or

purported exercise of the duties, rights, powers and privileges imposed or

granted under the disposition.

Waiver of condition

15 A waiver by the Minister of the strict performance or observance by

the holder of a condition to which a disposition is subject is not binding

on the Minister unless it is in writing, and the waiver does not abrogate

any condition or operate so as to waive any subsequent breach of the same

or any other conditions.

Service

16(1) Any order, notice or other document is sufficiently served on a

disposition holder if it is sent by ordinary mail to or left at the last

known address for the disposition holder shown in the Minister's records.

(2) An order, notice or other document sent by ordinary mail is deemed to

be received at the time when in the due course of the mail it would have

been delivered to the address to which it was sent.

Arrears of rent

17 If on December 31 in a year rent is in arrears under a disposition, an

amount equal to 10% of the amount in arrears is payable in addition to the

rent owing under the disposition.

PART 2

GRAZING DISPOSITIONS

Definition

18 In this Part, "grazing disposition" means a grazing lease or grazing

permit.

Division 1

General

Application for grazing disposition

19(1) An application for a grazing disposition may be made by

(

a) a person who is at least 18 years of age and is a Canadian

citizen or a permanent resident within the meaning of the Immigration Act

(Canada), or

(

b) a corporation.

(2) If an applicant is a corporation, it shall submit with its application

(

a) a copy of its certificate of incorporation or other evidence of

its corporate status;

(

b) a statement from an officer of the corporation of the names,

addresses and citizenship status of the persons who hold shares in the

corporation and the number of shares held by each person;

(

c) where the corporation is not incorporated in Alberta, evidence

that it is entitled to carry on business in Alberta;

(

d) where the corporation is incorporated under the Societies Act

or the Co-operative Associations Act, a copy of the corporation's by-laws;

(

e) where the corporation is a grazing association, a list of its

current members.

Limitation re corporate holder

20(1) No grazing disposition may be issued to a corporation with share

capital unless

(

a) the majority of the corporation's shares are beneficially owned

by residents of Alberta who are Canadian citizens or permanent residents

within the meaning of the Immigration Act (Canada), and

(

b) those shares are owned for the exclusive use and benefit of the

shareholders and not in the interests of or for the benefit of any other

person.

(2) A corporation that holds a grazing disposition shall notify the Board

in writing forthwith of any change in the shareholders of the corporation

or the share holding in the corporation.

Range management

21(1) The holder of a grazing disposition

(

a) shall use the land under the disposition in accordance with

proper range management and conservation practices, and

(

b) shall not allow the land under the disposition to be grazed at

a level greater than the carrying capacity for the land, established in

accordance with sound range management principles.

(2) The Minister may at any time by notice in writing to the holder adjust

the number of livestock authorized to graze the land under a grazing

disposition.

(3) The grazing disposition holder has no right to compensation for

anything done under subsection (2).

Statement to Minister

22 The holder of a grazing disposition shall, on the written request of

the Minister, submit to the Minister a statement in a form acceptable to

the Minister setting out the number of livestock owned by the holder and

maintained on the land under the disposition.

Brands required

23(1) No holder of a grazing disposition shall graze livestock or cause or

permit livestock to graze on the land under the disposition unless

(

a) the livestock is legibly branded with the holder's registered

brand, or

(

b) the Minister consents in writing to the grazing of livestock

that is not branded with the holder's registered brand.

(2) Notwithstanding subsection (1), a member of a grazing association may

graze livestock owned by the member on the land under a grazing disposition

issued to the grazing association if the livestock is legibly branded with

the member's registered brand.

Credit for water development

24 The Minister may, by means of a credit against the rent payable under

a grazing disposition, grant assistance to the holder of a grazing

disposition for water development projects that are carried out by the

holder and are approved by the Minister.

Improvements

25 The holder of a grazing disposition may erect on the land under the

disposition any barns, shelters, corrals, livestock watering facilities or

other improvements that are required for the proper care of the holder's

livestock.

No cultivation without permit

26(1) The holder of a grazing disposition shall not break, plough,

cultivate or disturb the land under the disposition, or permit any person

to do so, without a permit under this section.

(2) A holder who contravenes subsection (1) shall, at his own expense,

seed the land back to grass in accordance with the Minister's direction.

(3) The Minister may issue to the holder

(

a) a feed permit allowing cultivation on a specified acreage

solely for the purpose of growing feed, or

(

b) a regrassing permit allowing cultivation on a specified acreage

solely for the purpose of regrassing.

(4) The holder of a regrassing permit shall regrass cultivated land in

accordance with the regrassing permit.

Confining livestock

27(1) The holder of a grazing disposition shall confine the holder's

livestock to the land under the disposition and any other land that is

controlled by the holder and grazed in conjunction with the land under the

disposition.

(2) The holder of a grazing disposition shall erect any fences and cattle

guards that are necessary to permit the holder to comply with subsection

(1).

Use of hay

28(1) The holder of a grazing disposition may, without payment of any fee,

cut hay on land under the disposition to the extent of 3 tons for each head

of livestock authorized in accordance with the carrying capacity of land

under the disposition.

(2) The holder of the grazing disposition shall use hay referred to in

subsection (1) only for the purpose of feeding the holder's own livestock.

(3) The Minister may issue a hay permit under

Part 4 to the holder of a

grazing disposition to cut hay on the land under the disposition in amounts

in excess of the amount referred to in subsection (1).

Division 2

Grazing Leases

Issuance and renewal

29(1) The Minister may issue grazing leases permitting the grazing of

livestock on public land in a special area.

(2) The term of a grazing lease is 20 years and the lease may be renewed

for additional terms of 20 years.

(3) A grazing lease may be renewed on application made any time within the

last 5 years of the term of the lease.

Assignments

30(1) An assignment of a grazing lease must show on its face the true

consideration for the making of the assignment.

(2) The Minister may, for the purpose of determining the true

consideration for an assignment of a grazing lease, require the assignor

and assignee under an assignment to furnish statements setting out

(

a) the value of the consideration where it is wholly or partly a

consideration other than money,

(

b) the value of any improvements on the land to which the

assignment relates,

(

c) the consideration paid or agreed to be paid by the assignee to

the assignor under

(

i) a transfer or agreement for the sale of any

freehold land of the assignor, or

(ii) a sale or agreement for the sale of any livestock,

equipment or other chattels of the assignor,

and

(

d) any other information required by the Minister that relates to

the assignment.

(3) If the Minister considers that any valuation given in a statement

furnished pursuant to subsection (2) is not a fair market valuation, the

Minister may cause a valuation to be made for the purpose of determining

the true consideration for the assignment of the grazing lease.

Refusal of assignment

31(1) Subject to subsection (2), the Minister shall refuse to consent to

an assignment if

(

a) all rent, taxes, interest, penalties and other money due and

owing under the grazing lease have not been fully paid,

(

b) the lessee has not been in possession of the land contained in

the grazing lease continuously for 3 years prior to the date of

registration of the assignment with the Minister, either by virtue of the

grazing lease or of both the grazing lease and any other disposition to the

lessee by the Minister, or

(

c) the assignment is made to a person who is not eligible to

acquire the grazing lease.

(2) Subsection (1)(

b) does not apply if

(

a) the assignor has continuously held not less than 2/3 of the

land being assigned for a period of not less than 3 years immediately prior

to the assignment,

(

b) the lessee dies and an assignment is made by the lessee's

executor or administrator,

(

c) the assignment is made to the husband, wife, son, daughter,

father, mother, brother, sister, son-in-law or daughter-in-law of the

lessee,

(

d) the lessee is a dependent adult, as defined in the Dependent

Adults Act, and the lessee's trustee under that Act makes the assignment,

(

e) the assignor became the lessee as a beneficiary under the

estate of the former lessee,

(

f) there are 2 or more lessees who assign all their right, title

and interest in the lease to one or more of the remaining lessees, or

(

g) an assignment is made by a person who is certified by a

physician as a physically disabled person with respect to farming and

ranching.

Partial assignments

32 If the Minister consents to an assignment with respect to part of the

land contained in a grazing lease, the Minister may consolidate that part

of the land with an existing grazing lease or issue a new grazing lease.

Land bordering water

33 Where the land under a grazing lease borders a river, the Minister may

not include in the disposition such bordering land in excess of one mile in

length for every 4 miles in depth unless the Minister is satisfied that

doing so would not adversely affect the interests of the farmers and

ranchers in the area.

Joint grazing

34 If, in the opinion of the Minister, the terrain or access to water of

adjoining tracts of land described in 2 or more grazing leases prevents or

impedes the construction of adequate line fences, the holders may, on

obtaining the written consent of the Minister, graze their livestock

jointly on the land described in all the leases.

Contagious animal disease

35(1) If the holder of a grazing lease fails to comply with any enactment

or order in force for the prevention, control or eradication of any

contagious animal disease of which the holder has received notice, the

Minister may take any action the Minister considers necessary to ensure

compliance with the enactment or order.

(2) The holder is liable to the Minister for the costs of any action taken

by the Minister pursuant to subsection (1).

Withdrawal from lease

36(1) Where the Minister has issued a grazing lease in respect of a larger

area of land than is necessary to graze 600 head of cattle and it is

necessary in the interests of residents of the area to reduce the area

under the control of the holder, the Minister may, without compensation and

on giving the holder one year's written notice, withdraw from the lease

land in excess of the area sufficient to graze 600 head of cattle.

(2) In determining the area of land that is sufficient to graze 600 head

of cattle, the following land must be considered:

(

a) all of the land held under a grazing lease by the holder or the

holder's spouse or both of them, including public land outside the special

area;

(

b) when the holder or the holder's spouse or both of them hold

jointly with any other person land under a grazing lease, including public

land outside the special area, an area that bears the same proportion to

the total area of public land leased that the holder or spouse or both of

them bear to the total number of joint holders;

(

c) when the holder or the holder's spouse or both of them hold

shares in a corporation that holds land under a grazing lease, including

public land outside the special area, an area that bears the same

proportion to the total area held by the corporation under the grazing

lease that the number of shares held by the holder or spouse or both of

them in that corporation bears to the total number of existing shares in

the corporation.

Division 3

Grazing Permits

Authority to issue

37(1) The Minister may issue grazing permits permitting the grazing of

livestock on public land in a special area.

(2) A grazing permit expires on December 31 next following its date of

issue.

Permit not assignable

38 A grazing permit is not assignable.

PART 3

CULTIVATION DISPOSITIONS

Definition

39 In this Part, "cultivation disposition" means a cultivation lease or

cultivation permit.

Division 1

General

Application for cultivation disposition

40(1) An application for a cultivation disposition may be made by

(

a) a person who is at least 18 years of age and is a Canadian

citizen or a permanent resident within the meaning of the Immigration Act

(Canada), or

(

b) a corporation.

(2) If an applicant is a corporation, it shall submit with its application

(

a) a copy of its certificate of incorporation or other evidence of

its corporate status;

(

b) a statement from an officer of the corporation of the names,

addresses and citizenship status of the persons who hold shares in the

corporation and the number of shares held by each person;

(

c) where the corporation is not incorporated in Alberta, evidence

that it is entitled to carry on business in Alberta.

Limitation re corporate holder

41(1) No cultivation disposition may be issued to a corporation with share

capital unless

(

a) the majority of the corporation's shares are beneficially owned

by residents of Alberta who are Canadian citizens or permanent residents

within the meaning of the Immigration Act (Canada), and

(

b) those shares are owned for the exclusive use and benefit of the

shareholders and not in the interests of or for the benefit of any other

person.

(2) A corporation that holds a cultivation disposition shall notify the

Board in writing forthwith of any change in the shareholders of the

corporation or the share holding in the corporation.

Improvements

42 The holder of a cultivation disposition may erect on the land under

the disposition buildings, fences and other improvements that are necessary

for carrying out the purposes of the disposition.

Increasing cultivation area

43(1) The holder of a cultivation disposition shall not increase the area

of land that is under cultivation without prior written consent from the

Minister.

(2) A disposition holder who contravenes subsection (1) shall forthwith

seed the area of unauthorized cultivation to grass to the satisfaction of

the Minister.

Division 2

Cultivation Leases

Issuance and renewal

44(1) The Minister may issue cultivation leases permitting cultivation on

public land in a special area.

(2) A cultivation lease may be issued and renewed for terms not exceeding

10 years.

(3) A cultivation lease may be renewed on application made any time within

the last 3 years of the lease.

Commence-ment

45 The term of a cultivation lease commences,

(

a) if the lease is issued between January 1 and June 30 in any

year, on January 1 in that year, or

(

b) if the lease is issued between July 1 and December 31 in any

year, on January 1 in the next following year.

No compensation for improvements

46 The holder of a cultivation lease is not entitled to compensation in

respect of cultivation or in respect of any improvements made by the

holder.

Division 3

Cultivation Permits

Authority to issue

47 The Minister may issue cultivation permits permitting cultivation on

public land in a special area.

Expiry

48 A cultivation permit expires on December 31 next following its date of

issue.

Permit not assignable

49 A cultivation permit is not assignable.

PART 4

HAY PERMITS

Authority to issue

50 The Minister may issue hay permits permitting the cutting of hay on

public land in a special area.

Term

51(1) No hay permit may be issued before May 1 in any year.

(2) A hay permit expires on October 31 next following its date of issue.

Permit not assignable

52 A hay permit is not assignable.

Exclusive right

53 A hay permit vests in the holder the exclusive right of ownership to

the quantity of hay authorized in the permit to be cut on the land

described in the permit.

Declaration

54(1) The holder of a hay permit shall forward to the Special Areas

District Office not later than December 31 following the expiry of the

permit a declaration in a form acceptable to the Minister setting out the

amount of hay cut.

(2) The Minister may refund dues payable under the hay permit if the

Minister is satisfied that, due to circumstances beyond the control of the

holder, the holder was unable to cut all or was able to cut only part of

the hay authorized in the permit.

PART 5

COMMUNITY PASTURE DISPOSITIONS

Definitions

55 In this Part,

(a) "livestock" means cattle and bulls;

(b) "resident" means a person who

(

i) is at least 18 years of age,

(ii) makes his home in and is ordinarily present in a

special area, and

(iii) owns or leases land in a special area.

Minister may issue permits

56 The Minister may issue permits for the purpose of grazing livestock on

land in a special area that the Minister has set aside as a community

pasture.

Permit required

57 No person may graze livestock on a community pasture except pursuant

to a permit under this Part.

Application

58(1) An application for a permit may be made by a person who is a

resident.

(2) Where a husband and wife are recognized as an operating unit,

applications by both of them are to be treated as one application.

(3) Applications for permits are to be given priority according to the

following order of preference:

(

a) Class 1 - residents operating and residing on a ranch or farm

property near the pasture, whose livestock has been regularly grazing on

the pasture and who, in the discretion of the Minister, are dependent on

the pasture for grazing to maintain a satisfactory ranch or farm unit;

(

b) Class 2 - residents operating and residing on a ranch or farm

property not near the pasture but whose livestock has been regularly

grazing on the pasture and who, in the discretion of the Minister, are

dependent on the pasture for grazing to maintain a satisfactory ranch or

farm unit;

(

c) Class 3 - residents operating and residing on a ranch or farm

property near the pasture whose livestock has not been regularly grazing on

the pasture but who, in the discretion of the Minister, require additional

grazing lands in order to maintain a satisfactory ranch or farm unit;

(

d) Class 4 - residents operating but not residing on a ranch or

farm property near the pasture whose livestock has been regularly grazing

on the pasture and who, in the discretion of the Minister, are dependent on

the pasture for grazing to maintain a satisfactory ranch or farm unit;

(

e) Class 5 - All residents who do not fall within any of the above

classes.

(4) In determining priority the Minister may consider any other factors

that affect an applicant's need for a permit.

(5) The Minister may refuse a permit to any applicant who in the

Minister's opinion has other grazing land to maintain a satisfactory ranch

or farm unit.

Breeding pastures

59 No person is eligible to hold a permit in respect of a breeding

pasture unless that person is a member of a pasture association that has

been designated by the Minister for the purposes of that breeding pasture.

Particulars of permit

60(1) A permit must set out

(

a) the term of the permit,

(

b) a description of the land or the name of the community pasture

on which livestock may be grazed,

(

c) the number of animal unit months allotted to the permittee and

the kind of livestock that may be grazed,

(

d) the entry and exit dates of the permit, and

(2) A permit is not assignable.

Allotment committee

61 Each pasture association shall elect an allotment committee consisting

of not more than 5 members, who shall meet annually with the Minister to

provide advice and recommendations on the operation of the community

pasture.

Allotment of livestock

62(1) Each year in advance of the grazing season the Minister shall, on

the recommendation of the allotment committee,

(

a) determine the number and kind of livestock that may be grazed

on the community pasture and the period during which grazing will be

permitted, and

(

b) determine the allotment of livestock among applicants.

(2) The Minister may on the request of an applicant or permit holder

review the allotment under subsection (1) and make any adjustments to it

that the Minister considers appropriate.

Dues

63 A permittee shall pay dues as established by the Minister but the

Minister may, on application made not later than the end of the calendar

year in which the permit was issued, refund all or part of the dues where

the Minister is satisfied that, due to circumstances beyond the control of

the permittee, the permittee was unable to fully use the grazing rights

under the permit.

Disease

64(1) The permittee shall comply with all laws relating to animal disease

that are in effect in the area in which the community pasture is located.

(2) The Minister may by order require the owner of any livestock on a

community pasture to remove and isolate at the owner's cost any animal that

may be infected with a dangerous or infectious disease.

(3) A range rider may reject or have removed from a community pasture, at

the owner's expense, any animal that the range rider considers is unfit or

is a menace or nuisance to other livestock or to the welfare of the

pasture.

Presenting permit

65 A range rider shall refuse to permit a permittee's livestock to enter

a community pasture unless the permittee presents a copy of the permit to

the range rider.

Branding

66(1) Unless the Minister consents in writing to the grazing of unbranded

livestock on a community pasture, all animals entering the community

pasture must be legibly branded with the permittee's registered brand.

(2) A range rider may reject any animal whose brand is not legible.

Castration

67 No person may bring a male calf that is 2 months of age or older onto

a community pasture unless the calf has been castrated.

Removal of livestock

68(1) No person may remove livestock from a community pasture during the

term of a permit without the consent of the range rider or another person

acting on behalf of the Minister.

(2) No person shall remove livestock from a community pasture until all

dues and other money owing in respect of the permit have been paid.

Minister not liable

69 The Minister is not responsible for any claims arising out of the loss

of or injury or damage to livestock while the livestock is on or is

entering or leaving a community pasture.

PART 6

MINERAL SURFACE LEASES

Definition

70 In this Part, "operator" means a person who has the right to a mineral

or the right to work it, and includes that person's agent.

Issuing of lease

71(1) The Minister may issue a mineral surface lease of public land in a

special area to an operator who requires land for purposes in connection

with or incidental to the recovery and production of minerals.

(2) The term of a mineral surface lease is 25 years and the lease may be

renewed for additional 25-year periods.

Application

72 The Minister may require an applicant for a mineral surface lease to

produce proof of the applicant's right to work the minerals, the recovery

and production of which are the subject of the application.

Existing disposition

73 No mineral surface lease may be issued in respect of land that is the

subject of an existing disposition under the Act with a term exceeding one

year unless

(

a) the holder under that disposition consents to the issuance of

the mineral surface lease in a form acceptable to the Minister, and

(

b) the operator acknowledges and accepts the consent.

Entry before lease

74(1) Where a person has applied for a mineral surface lease, the Minister

may before issuing the lease consent to the applicant's entering the land

applied for for any purpose related to the lease.

(2) The Minister may not give consent under subsection (1) until the

applicant has submitted a plan to the Minister in a form satisfactory to

the Minister.

(3) The Minister may give consent under subsection (1) subject to any

Crossing roadway

75 If the whole or part of land under a mineral surface lease is used as

an access roadway, the operator shall permit the occupant of the land on

either side of the roadway to cross the roadway without charge at all

reasonable times and at the place or places designated for that purpose by

the operator.

Increasing leased area

76 The Minister may, with the consent of the holder and subject to

section 73, increase the area of land under the mineral surface lease.

Successors, assigns, etc

77 A mineral surface lease binds the heirs, executors, administrators and

assigns of the holder and, if the holder is a corporation, the mineral

surface lease binds the successors and assigns of the corporation.

Consent to assignment

78(1) No holder shall assign a mineral surface lease without the consent

of the Minister.

(2) An assignment of a mineral surface lease without the consent of the

Minister is void.

Structures, equipment, etc.

79(1) Subject to this section, the holder of a mineral surface lease may

erect on the land under the lease any structures and equipment that the

holder requires for the purposes of carrying out its operations.

(2) Notwithstanding subsection (1), a holder shall not without the consent

of the Minister erect a building or structure that will be used as a

residence or office.

PART 7

RIGHT OF WAY DISPOSITIONS

Definitions

80 In this Part,

(a) "agreement" means a pipeline agreement referred to in

section

81;

(b) "operator" means a person who is authorized under any Act of

Alberta or under any Act of Canada

(

i) to construct a pipeline or to undertake any

operations preparatory to its construction, or

(ii) to operate a pipeline;

(c) "pipeline" means a pipeline for the transmission of fluid or

gaseous substances;

(d) "pipeline installation" means any equipment, apparatus,

mechanism, machinery or instrument that is incidental to the operation of a

pipeline, including, without limitation,

(

i) a separator, pumping station, metering facility,

tank, pump, rack, storage facility or loading or other terminal facility or

other structure connected to the pipeline for treating the substance being

or to be transmitted, and

(ii) any other installation that the Minister considers

to be a pipeline installation,

but does not include a refinery, processing plant, marketing

plant or a right of way installation;

(e) "right of way" means the public land that is the subject of an

agreement;

(f) "right of way installation" means any equipment, apparatus,

mechanism, machinery or instrument that is incidental to the operation of a

pipeline and is within a right of way, including, without limitation,

(

i) a valve, valve box, drip, blow-down, connection,

foundation, bridge or support structure for a pipeline above the surface,

scraper trap and cathodic protection apparatus, and

(ii) any other installation that the Minister considers

to be a right of way installation.

Agreements by Minister

81(1) The Minister may enter into an agreement with an operator who

requires public land in a special area

(

a) for the purposes of a pipeline that the operator is authorized

to construct, and

(

b) for the purposes of a right of way installation that is

incidental to the pipeline.

(2) The Minister may require an applicant for an agreement to produce

proof that the applicant is an operator and that the land applied for is

required as a right of way or as a site for a right of way installation in

connection with the operator's pipeline.

(3) The Minister may not enter into an agreement in respect of any land

that is the subject of an existing disposition under the Act with a term

exceeding one year unless the application for the agreement is accompanied

with the consent of the holder under that disposition, in a form acceptable

to the Minister.

Entry before agreement

82(1) Where an operator has applied for an agreement, the Minister may,

before an agreement is entered into, consent to the operator's entering the

land applied for for any purpose related to the pipeline.

(2) The Minister may give consent under subsection (1) subject to any

(3) The operator shall, within one year after consent is given under

subsection (1), submit a plan to the Minister in a form acceptable to the

Minister.

(4) If the operator fails to comply with subsection (3), the Minister may

(

a) withdraw consent, and

(

b) refuse to enter into an agreement with the operator with

respect to the land applied for.

Increase in area

83(1) The Minister and the operator may agree to increase or decrease the

area of the right of way in an agreement.

(2) Section 81(3) applies in the case of an increase in area under

subsection (1) where all or part of the land in the agreement is the

subject of a disposition under the Act with a term exceeding one year.

(3) The operator is not entitled to a refund of rent or other

consideration payable under an agreement where a decrease in area is made

under subsection (1).

(4) The Minister may

(

a) amend an agreement to reflect an increase in area under

subsection (1), or

(

b) amend an agreement or enter into a new agreement with the

operator where the area is decreased under subsection (1).

Implied easement

84(1) Every agreement is subject to an easement in favour of

(

a) the Crown, and

(

b) if the Crown makes or has made a disposition of land and the

disposition is made subject to the agreement, the person to whom the

disposition was or is made,

to use the surface layer of the right of way

(

c) for the growing of crops and the grazing of livestock,

(

d) for the purpose of erecting fences, where the fences are

necessary extensions of those erected to enclose or partition the land

adjoining the right of way, and

(

e) for the purposes of a road crossing the right of way.

(2) Subsection (1) does not apply to any part of a right of way where a

right of way installation is erected on or protrudes above the surface of

the ground.

(3) Nothing in subsection (1) derogates from the right of the operator to

re-enter the right of way for any of the purposes for which the agreement

was entered into.

(4) Notwithstanding subsection (3), an operator who enters the right of

way is liable to pay compensation to the Crown or any person entitled to it

in respect of damage caused to

(

a) crops, whether standing or cut, or livestock on the right of

way,

(

b) fencing erected on the right of way, or

(

c) roads crossing the right of way.

(5) An operator may, instead of paying compensation under subsection

(4)(

b) or (c), agree with the Crown or other person to repair the fencing

or recondition the roads.

(6) No person shall construct a road crossing a right of way under the

authority of subsection (1)(

e) unless the person has ascertained from the

operator the depth of the pipeline and the exact location of the point of

crossing, and no such road may be constructed so as to damage or interfere

with the pipeline.

Right of access

85(1) Every agreement grants the operator the right of access to and from

the right of way over any public land on either side of the right of way

from the nearest public highway, road or road allowance, whether there is

an occupant on the public land or not.

(2) If an operator exercises any rights of access under subsection (1),

the operator shall compensate the Minister and the occupant, if any, of the

public land, for any damage caused in the course of exercising the right of

access.

Additional pipeline

86(1) An operator may, with the consent of the Minister, lay down,

construct and install more than one pipeline within the limits of the right

of way and, on obtaining the consent, has the same rights with respect to

the additional pipeline as with respect to the original pipeline.

(2) If an additional pipeline is laid down, constructed and installed

under subsection (1), the operator shall compensate the Minister and the

occupant, if any, of the right of way for any damage caused in the course

of laying down, constructing, operating, maintaining, inspecting, altering,

removing, replacing, reconstructing or repairing the additional pipeline

and the right of way installations that are incidental to the pipeline.

Rights under agreement

87 An operator may use the right of way under an agreement solely for the

purposes of laying down, constructing, operating, maintaining, inspecting,

altering, removing, replacing, reconstructing and repairing a pipeline and

the right of way installations incidental to the pipelines.

Notice of construction

88 When any right of way installation is constructed or installed on the

right of way after the agreement is executed, the operator shall within 60

days of such construction or installation inform the Board of its location

on the right of way.

Completion of work

89(1) An operator shall

(

a) bury the pipeline, and

(

b) restore the right of way as nearly as possible to the condition

it was in when the application for the original agreement was made

within one year after the date of execution of the agreement, in the case

of the first pipeline in the right of way, or within one year after the

date of the Minister's consent under

section 86, in the case of an

additional pipeline in the right of way.

(2) The Minister may extend the period of time under subsection (1) where

the Minister considers it appropriate to do so.

(3) The operator shall restore the right of way under subsection (1) to

the Minister's satisfaction.

(4) If an operator fails to comply with subsection (1) or (3), the

Minister may by notice in writing direct the operator to remove structures,

fill excavations and do all other things the Minister considers necessary

in order to effect compliance with subsection (1) or (3).

(5) If an operator fails to comply with Minister's direction under

subsection (4), the Minister may do or have done the things directed to be

done, and the reasonable costs of doing so, as determined by the Minister,

are recoverable from the operator as a debt owing to the Crown.

Removal of material

90 An operator shall not remove from the right of way any sand, gravel,

clay, marl or topsoil.

PART 8

MISCELLANEOUS DISPOSITIONS

Miscellaneous dispositions

91(1) The Minister may issue

(

a) a lease,

(

b) a licence of occupation, or

(

c) an easement

in respect of public land in a special area for any other purpose for which

no disposition is specifically provided for in the Act or this Regulation.

(2) The term of a lease, licence of occupation or easement under this Part

must be at least one year.

Application for disposition

92(1) An application for a lease, licence of occupation or easement under

this Part may be made by

(

a) a person who is at least 18 years of age and is a Canadian

citizen or a permanent resident within the meaning of the Immigration Act

(Canada), or

(

b) a corporation.

(2) If an applicant is a corporation, it shall submit with its application

(

a) a copy of its certificate of incorporation or other evidence of

its corporate status;

(

b) a statement from an officer of the corporation of the names,

addresses and citizenship status of the persons who hold shares in the

corporation and the number of shares held by each person;

(

c) where the corporation is not incorporated in Alberta, evidence

that it is entitled to carry on business in Alberta.

Consent to assignment

93 No holder of a lease, licence of occupation or easement under this

Part shall assign the lease, licence of occupation or easement without the

consent of the Minister, and any such assignment is void.

PART 9

TRANSITIONAL PROVISIONS, REPEALS

AND EXPIRY

Transitional - grazing lease

94 Notwithstanding

section 33, where on the coming into force of this

Regulation, the land in a grazing lease includes more bordering land than

is permitted under that section, the Minister may nevertheless renew the

disposition if the Minister is satisfied that doing so would not adversely

affect the interests of the farmers and ranchers in the area.

Transitional - dispositions

95 On the coming into force of this Regulation,

(

a) a subsisting grazing lease under the Special Areas Grazing

Lease Regulation (AR 116/92) is continued as a grazing lease under

Part 2

of this Regulation;

(

b) a subsisting grazing permit under the Special Areas Grazing

Permit Regulation (AR 113/92) is continued as a grazing permit under

Part 2

of this Regulation and expires on December 31, 2001;

(

c) a subsisting cultivation lease under the Special Areas

Cultivation Lease Regulation (AR 147/89) is continued as a cultivation

lease under

Part 3 of this Regulation;

(

d) a subsisting cultivation permit under the Special Areas

Cultivation Permit Regulation (AR 112/92) is continued as a cultivation

permit under

Part 3 of this Regulation and expires on December 31, 2001;

(

e) a subsisting hay permit under the Special Areas Hay Permit

Regulation (AR 114/92) is continued as a hay permit under

Part 4 of this

Regulation;

(

f) a subsisting permit under the Special Areas Community Pasture

Regulation (AR 111/92) is continued as a permit under

Part 5 of this

Regulation;

(

g) a subsisting mineral surface lease under the Special Areas

Mineral Surface Lease Regulation (AR 117/92) is continued as a mineral

surface lease under

Part 6 of this Regulation;

(

h) a subsisting agreement under the Special Areas Right of Way

Regulation (AR 110/92) is continued as an agreement under

Part 7 of this

Regulation;

(

i) a subsisting lease under the Special Areas Miscellaneous Lease

Regulation (AR 118/92) is continued as a lease under

Part 8 of this

Regulation.

Repeals

96 The following Regulations are repealed:

(

a) the Special Areas Grazing Lease Regulation (AR 116/92);

(

b) the Special Areas Grazing Permit Regulation (AR 113/92);

(

c) the Special Areas Cultivation Lease Regulation (AR 147/89);

(

d) the Special Areas Cultivation Permit Regulation (AR 112/92);

(

e) the Special Areas Hay Permit Regulation (AR 114/92);

(

f) the Special Areas Community Pasture Regulation (AR 111/92);

(

g) the Special Areas Mineral Surface Lease Regulation (AR 117/92);

(

h) the Special Areas Right of Way Regulation (AR 110/92);

(

i) the Special Areas Miscellaneous Lease Regulation (AR 118/92);

(

j) the Rent Arrears Penalty Regulation (AR 107/92).

Expiry

97 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 October 30, 2004.

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

Alberta Regulation 138/2001

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 285/2001) on July 24, 2001

pursuant to

section 97 of the Wildlife Act and by the Minister of

Sustainable Resource Development (M.O. 22/2001) on July 24, 2001 pursuant

section 96 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

(

a) by repealing

section 5(2) and substituting the following:

(2) A person who is guiding a non-resident or non-resident alien for

gain or reward is exempt from the application of

section 26(3) of the Act

while that non-resident or non-resident alien is hunting

(

a) wildlife other than big game, wolf, coyote or game

birds, or

(

b) pheasants, gray partridges or Merriam's turkeys in

accordance with a

section 7(11) exemption.

(

b) by renumbering

section 6 as

section 6(1) and adding the

following after subsection (1):

(2) A person who is in the process of lawfully training a dog to

locate upland game birds in the course of hunting within the meaning of

section 1(1)(g.1)(ii) of the Act is exempt from the application of

section

26(1) and 27(1) of the Act.

(

c) in

section 7(11) by striking out "Captive commercial upland

game birds" and substituting "Pheasants, gray partridges and Merriam's

turkeys";

(

d) by renumbering

section 13 as

section 13(2) and adding the

following before

section 13(2):

Spoilage, etc., of skin - s.42

13(1) A corporation that uses the carcasses of migratory game birds

described in

section 136(3) to train dogs as retrievers is exempt from the

application of

section 42(1) of the Act in relation to those carcasses.

(

e) by adding the following after

section 13:

Dog training for no gain

13.1 A person who, without gain or reward, trains dogs for the

purpose of hunting wildlife or retrieving game birds is exempt from the

application of

section 50 of the Act except with respect to such training

on public land within Townships 1 to 8, Ranges 1 to 11, west of the fourth

meridian between April 1 and July 31.

(

f) in

section 21

(

i) in subsection (1) by adding ", or who holds a

non-resident/non-resident alien wolf/coyote licence under whose authority a

coyote has been killed," after "killed";

(ii) by adding the following after subsection (1):

(1.1) Coyote that were lawfully killed, except those

hunted under the authority of a non-resident/non-resident alien wolf/coyote

licence, are exempt from the application of

section 59(1) of the Act.

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

Alberta Regulation 139/2001

Government Organization Act

CONSUMER AND CORPORATE AFFAIRS GRANTS

REPEAL REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 288/2001) on July 24, 2001

pursuant to

section 13 of the Government Organization Act.

1 The Consumer and Corporate Affairs Grants Regulations (AR 309/75) are

repealed.

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

Alberta Regulation 140/2001

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 290/2001) on July 24, 2001

pursuant to sections 16, 17 and 18 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 44/2001)

is amended by this Regulation.

Section 4(2) is amended

(

a) by striking out "common";

(

b) by striking out "and the Minister of Children's Services".

Section 9(1)(

u) is repealed.

Section 12 is amended by adding the following after subsection (1):

(1.1) The Minister of Health and Wellness is designated as the

Minister responsible for the Health Information Act.

Section 17(3) is repealed.

Section 20 is amended

(

a) by repealing subsection (1)(a), (b), (c), (d), (

e) and (f);

(

b) by adding the following after subsection (1):

(1.1) The responsibility for the following enactments is transferred

to the common responsibility of the Minister of Revenue and the Minister of

Finance:

(

a) Alberta Corporate Tax Act, except

section 26.41;

(

b) Alberta Income Tax Act;

(

c) Alberta Personal Income Tax Act;

(

d) Fuel Tax Act, except sections 8(4), (6) and (7),

25(c), 29(2), 32.1 and 39(1)(e.2) and (v);

(

e) Hotel Room Tax Act;

(

f) Securities Act;

(

g) Tobacco Tax Act.

(

c) in subsection (2)

(

i) by striking out "31,";

(ii) by striking out "Revenue" and substituting

"Revenue, the Minister of Finance";

(

d) in subsection (3) by striking out "Revenue" and substituting

"Revenue, Minister of Finance";

(

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

(5) The responsibility for the following functions is transferred to

the Minister of Revenue:

(

a) support for central administration for tax and

revenue administration function;

(

b) support for fees and charges monitoring function;

(

c) support for the futures summit function;

(

d) support for investment settlements, systems support

and performance measurement function.

(6) The responsibility for the administration of that part of the

public service directly employed in the support for investment settlements,

systems support and performance measurement function is transferred to the

Minister of Revenue.

(7) The responsibility for the following portions of the operating

expense and capital investment supply vote of the 2001-02 Government

appropriation for Finance is transferred to the Minister of Revenue:

(a) $230 000 of element 1.0.3 of Program 1-Ministry

Support Services;

(b) $365 000 of element 2.0.1 of Program 2-Financial

Management and Planning;

(c) $3 584 000 of element 2.0.2 of Program 2-Financial

Management and Planning.

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

Alberta Regulation 141/2001

Hospitals Act

CROWN'S RIGHT OF RECOVERY AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 292/2001) on July 24, 2001

pursuant to

section 102(1) of the Hospitals Act.

1 The Crown's Right of Recovery Regulation (AR 163/96) is amended by this

Regulation.

Section 4(1)(

a) is amended by striking out "$500" and substituting "$20

000".

Section 6 is amended by striking out "July 31, 2001" and substituting

"April 30, 2006".

Alberta Regulation 142/2001

Hospitals Act

CROWN'S RIGHT OF RECOVERY (PROVINCIAL TREASURER)

AMENDENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 293/2001) on July 24, 2001

pursuant to

section 102(3) of the Hospitals Act.

1 The Crown's Right of Recovery (Provincial Treasurer) Regulation (AR

219/96) is amended by this Regulation.

2 The title is amended by striking out "PROVINCIAL TREASURER" and

substituting "MINISTER OF REVENUE".

Section 1(1)(

b) is amended by striking out "Provincial Treasurer" and

substituting "Minister of Revenue".

4 Sections 2 and 3 are repealed and the following is substituted:

Calculation of assessment factors

2 The Minister of Revenue shall establish the assessment factor in

respect of any given calendar year for the purposes of Division 2 of

Part 5

of the Act by using the formula:

assessment factor (for the

assessment factor year)

rounded off to 4 decimal places and then converted to a percentage.

Variables in formulas

3 For the purposes of calculating an assessment factor under

section 2,

(

a) A is the Minister of Health and Wellness's estimate

of the Crown's cost of health services referred to in

section 99.1(2)(

a) of

the Act for the assessment factor year plus the aggregate assessment for

the previous assessment factor year less the amount collected by the

Minister of Revenue under this Regulation for the previous assessment

factor year;

(

b) B is the projected total premiums for the

assessment factor year calculated in accordance with the formula:

B = 2[C(1-D)] + E

where

C is the average of the changes in total

premiums between

(

i) the 2nd and 3rd calendar

years preceding the assessment factor year,

(ii) the 3rd and 4th calendar

years preceding the assessment factor year, and

(iii) the 4th and 5th calendar

years preceding the assessment factor year;

D is an adjustment factor established by the

Minister of Revenue for the assessment factor year;

E is the total premiums for the 2nd calendar

year preceding the assessment factor year.

5 Sections 4, 5 and 6(1) and (3) are amended by striking out "Provincial

Treasurer" and substituting "Minister of Revenue".

Section 9 is repealed and the following is substituted:

Expiry

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

ongoing relevancy and necessity, with the option that it may be repassed in

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

on July 31, 2006.

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

Alberta Regulation 143/2001

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 295/2001) on July 24, 2001

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.

Section 2(1) is amended

(

a) in clause (ff) by adding "and service referred to in

section

20(1)(e)" after "Act";

(

b) in clause (nn) by adding the following after subclause (ii):

(ii.2) a period referred to in

section 20(1)(e),

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

(3) Where a provision of this Plan contains a reference to another

pension plan under the Act and to an expression that is used both in this

Plan and that other pension plan, then that expression is to be taken, to

the extent appropriate, to derive its meaning from that other plan.

Section 20(1) is amended by adding the following after clause (d):

(

e) a period that was recognized as pensionable service under the

Public Service Pension Plan and that is to be taken into account as

pensionable service under this Plan, under

Part 2 of the Regulations.

Section 29 is amended

(

a) in subsection (1)(

a) by striking out "and" at the end of

subclause (iii), adding "and" at the end of subclause (iv) and adding the

following after subclause (iv):

(

v) contributions with interest transferred from the

Public Service Pension Plan under

Part 2 of the Regulations,

(

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

(8) With respect to an individual whose pensionable service

under the Public Service Pension Plan was transferred into this Plan under

Part 2 of the Regulations, the highest average salary or any salary

component implicit in the determination of highest average salary, as the

case may be, that is to be recognized for the purposes of this Plan under

that

Part is to be substituted for or included, as the case may be, for the

purposes of the calculations under subsection (1)(b).

Section 30 is amended

(

a) in subsection (1)(a)

(

i) by adding "with interest" after "any

contributions";

(ii) by striking out "(iv)" and substituting "(v)";

(

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

(8) Section 29(8) applies.

Section 66 is amended by adding ", but not to one with respect to whom

a transfer has been made under

Part 2 of the Regulations" after "pension".

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

Alberta Regulation 144/2001

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)

AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 296/2001) on July 24, 2001

pursuant to Schedules 1 and 2,

section 12 of the Public Sector Pension

Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR

365/93) is amended by this Regulation.

2 The following is added before

section 1:

PART 1

GENERAL PROVISIONS

Section 1(1) is amended

(

a) by striking out "the portion of this Regulation preceding

Schedule 1" and substituting "this Part";

(

b) by repealing clause (c).

Section 3(1) is amended by striking out "The portion of this Regulation

preceding

Schedule 1" and substituting "This Part".

5 The following is added immediately after

section 16.1:

PART 2

TRANSFERS BETWEEN PLANS

6 Sections 16.2 to 19 are repealed and the following is substituted:

Transfers of service, etc., for deferred pensioners, etc., between LAPP and

PSPP

17.1(1) In this section,

(a) "eligible transferor" means an individual who is

eligible to transfer entitlements;

(b) "entitlements", except in subsection (5) where the

term "pension entitlements" is used, means the benefit components and other

items that may be or are the subject of a transfer;

(c) "exporting Plan" means

(

i) the Local Authorities Pension Plan

where the eligible transferor may transfer or is transferring entitlements

from it to the Public Service Pension Plan, and

(ii) the Public Service Pension Plan where

the eligible transferor may transfer or is transferring entitlements from

it to the Local Authorities Pension Plan,

and "importing Plan" means the Plan referred to in

subclause (

i) or (ii), as the case may be, to which they may be or are

being transferred;

(d) "transfer", except in subsection (5) where

reference is made to a previous transfer, means transfer under subsection

(3).

(2) Without limiting the application of

section 1(2), expressions

that are used in this

section and in the exporting and importing Plans take

their meanings from whichever of those Plans is appropriate to the

circumstances.

(3) An individual who

(

a) is a participant of the importing Plan or a former

participant of the importing Plan who remains entitled to receive benefits

from that Plan,

(

b) is a former participant of the exporting Plan who

terminated from the exporting Plan after 1993 and before 2001 under

circumstances to which Division 3 of

Part 5 of that Plan then applied, and

(

c) retains a right to receive any benefit, but has not

commenced to receive a pension, under the exporting Plan

may, by applying in the form provided for under subsection (4)(

a) before the end of 2001, transfer the exporting Plan benefit components and

other items referred to in subsection (4)(

d) from the exporting Plan to the

importing Plan in accordance with this

section and the agreement made under

subsection (4).

(4) The Boards of the exporting and the importing Plans and the

Minister may enter into a tripartite written agreement setting out the

details of the proposed transfers, but the agreement must, at least,

(

a) contain the form in which applications to transfer

are to be made,

(

b) provide for the transfers to be made on a basis

that is free of further cost to the eligible transferors,

(

c) provide for the handing over of exporting Plan

records needed by the importing Plan to effectuate fully the transfers, and

(

d) with respect to each individual whose entitlements

are being transferred, provide for

(

i) the transfer of pensionable service,

contributions with interest, employee contribution excess, highest average

salary and the salary components implicit in the determination of highest

average salary,

(ii) full recognition under the importing

Plan of

(

A) the same length of

pensionable service that was recognized under the exporting Plan, and

(

B) highest average salary or

the salary components in determining the highest average salary, pertaining

under the exporting Plan,

and

(iii) subject to subclauses (

i) and (ii), the

amount to be transferred.

(5) The tripartite agreement may provide that, in the case of

individuals who

(

a) transferred entitlements after 1993 and before 2001

that included pension entitlements under the exporting Plan that resulted

from their previous transfer into the exporting Plan from another pension

plan under the Act on an actuarial reserve basis, and

(

b) in order to acquire those original pension

entitlements in the exporting Plan had to make additional prior service

contributions to the exporting Plan representing the shortfall difference

between the actuarial reserve amount and the commuted value of the pension

entitlements so transferred,

those individuals are to be refunded those additional prior service

contributions that they paid on the original transfer.

(6) On the making of a transfer, the entitlements transferred cease

to pertain to the exporting Plan and become entitlements and part of the

pension entitlements and accrued benefits under the importing Plan, and

both Plans are to be construed accordingly, notwithstanding anything to the

contrary in either Plan.

(7) This

section is repealed on June 30, 2002.

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

Alberta Regulation 145/2001

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 297/2001) on July 24, 2001

pursuant to

Schedule 2,

section 4 of the Public Sector Pension Plans Act.

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

this Regulation.

Section 2(1) is amended

(

a) in clause (ff) by adding "and service referred to in

section

20(1)(e)" after "Act";

(

b) in clause (nn)

(

i) by renumbering subclause (ii.

i) as subclause

(ii.1);

(ii) by adding the following after subclause (ii.1):

(ii.2) a period referred to in

section

20(1)(e),

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

(3) Where a provision of this Plan contains a reference to another

pension plan under the Act and to an expression that is used both in this

Plan and that other pension plan, then that expression is to be taken, to

the extent appropriate, to derive its meaning from that other plan.

Section 20(1) is amended by adding the following after clause (d):

(

e) a period that was recognized as pensionable service under the

Local Authorities Pension Plan and that is to be taken into account as

pensionable service under this Plan, under

Part 2 of the Regulations.

Section 29 is amended

(

a) in subsection (1)(

a) by striking out "and" at the end of

subclause (iii), adding "and" at the end of subclause (iv) and adding the

following after subclause (iv):

(

v) contributions with interest transferred from the

Local Authorities Pension Plan under

Part 2 of the Regulations,

(

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

(8) With respect to an individual whose pensionable service

under the Local Authorities Pension Plan was transferred into this Plan

under

Part 2 of the Regulations, the highest average salary or any salary

component implicit in the determination of highest average salary, as the

case may be, that is to be recognized for the purposes of this Plan under

that

Part is to be substituted for or included, as the case may be, for the

purposes of the calculations under subsection (1)(b).

Section 30 is amended

(

a) in subsection (1)(a)

(

i) by adding "with interest" after "any

contributions";

(ii) by striking out "(iv)" and substituting "(v)";

(

b) by adding the following after subsection (7);

(8) Section 29(8) applies.

Section 66 is amended by adding ", but not to one with respect to whom

a transfer has been made under

Part 2 of the Regulations" after "pension".

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

Alberta Regulation 146/2001

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)

AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 298/2001) on July 24, 2001

pursuant to

Schedule 1, sections 12 and 14.1 of the Public Sector Pension

Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR

365/93) is amended by this Regulation.

Schedule 1 is amended by repealing

Part 3 and substituting the

following:

PART 3

WITHDRAWAL OF TELUS EDMONTON - CONTINUING

PROVISIONS

Application

25 Without limiting the effect of

section 31 of the

Interpretation

Act, TELUS Edmonton's having withdrawn from participation in and ceased to

be an employer for the purposes of the Plan at the end of 1997 and a

portion of the Plan's liabilities and assets having been transferred to the

other plan pursuant to

section 14.1 of the Act Schedule, this

Part contains

provisions respecting its withdrawal that continue in effect.

General

definitions

26 In this Part,

(a) "other plan" means a registered pension plan, other

than the Plan, to which the Pension Benefits Standards Act, 1985 (Canada)

applies;

(b) "TELUS Edmonton" means any or all of the

corporations individually and collectively referred to as "TELUS Edmonton"

section 116.1 of the plan rules (expired), and includes its or their

successors;

(c) "this Part" includes the provisions of this Part as

it was before its repeal and replacement in 2001;

(d) "withdrawal" means the withdrawal of TELUS Edmonton

from the Plan under

section 14.1 of the Act

Schedule and this Part and

includes the consequential transfer of a portion of the liabilities and

assets of the Plan under those provisions.

Indemnific-ation

27(1) TELUS Edmonton and the legal owner of the pension fund of the

other plan indemnify

(

a) the Board and the members of the Board for any

damages or legal and other expenses incurred in defending any claim against

the Board or any Board member that arises directly or indirectly from the

withdrawal, and

(

b) the plan fund and the Plan's administrator and

trustee for any claims made by any person that arises directly or

indirectly from the withdrawal.

(2) Subject to subsection (1), an indemnification by subsection

(1)(

a) covers anything done by the Board or Board member, as the case may

be, in good faith in the exercise of powers, duties and functions under

section 14.1 of the Act

Schedule or this Part.

References in matrimonial property orders

28 Where there is a reference to the Plan in a matrimonial property

order in respect of a withdrawing person, that reference is to be treated

as a reference to the other plan.

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

Alberta Regulation 147/2001

Students Finance Act

Student Loan Act

STUDENT FINANCIAL ASSISTANCE AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 299/2001) on July 24, 2001

pursuant to

section 11 of the Students Finance Act and

section 11 of the

Student Loan Act.

1 The Student Financial Assistance Regulation (AR 215/99) is amended by

this Regulation.

Section 3(

b) is repealed and the following is substituted:

(b) "accelerated program" means a program of study or part of a

program of study that, in the opinion of the Minister,

(

i) is offered in 1/2 of the time it is normally

offered as measured in number of program weeks,

(ii) leads to a common provincially or nationally

recognized credential, and

(iii) has acceptable student loan delinquency rates;

Section 5(2) is amended by striking out "or" at the end of clause (a),

by adding "or" at the end of clause (

b) and by adding the following after

clause (b):

(

c) has filed for bankruptcy.

4 The following is added after

section 13(5)(d):

(

e) made under the Student Loan Act or the Students Finance Act, or

both, on or after August 1, 2001, the Minister may pay, without

application, a portion of the original principal of the loan when the total

of the original amounts of principal for loans obtained by the borrower

under the Student Loan Act, the Students Finance Act, the Canada Student

Loans Act (Canada) and the Canada Student Financial Assistance Act (Canada)

exceeds the debt level that is established by the Minister for the year in

which the student ceased to be a full-time student.

Section 18(1) is repealed and the following is substituted:

Maintenance Grant

18(1) The Minister may award assistance in the form of a Maintenance

Grant to a full-time student who is socially disadvantaged and who, in the

opinion of the Minister, requires special assistance.

Section 21.1(2) is amended by striking out "$1 500" and substituting

"$1500".

Section 21.2(3) is amended by striking out "$1 500" and substituting

"$1500".

Section 23(

i) is struck out and the following is substituted:

(i) "interest free period" means,

(

i) in the case of a borrower who ceases to be a

full-time student on or before April 1, 2001, the period that runs from the

time a borrower is a full-time student at an educational institution

approved by the Minister to the last day of the 6th month after the

borrower ceases to be a full-time student,

(ii) in the case of a borrower who ceases to be a

full-time student after April 1, 2001 but before August 1, 2001, the period

that runs from the time the borrower is a full-time student at an

educational institution approved by the Minister to July 31, 2001, and

(iii) in the case of a borrower who ceases to be a

full-time student on or after August 1, 2001, the period that runs from the

time the borrower is a full-time student at an educational institution

approved by the Minister to the last day of the month in which the borrower

ceases to be a full-time student;

Section 30(

b) is amended

(

a) by striking out "end on the last day of the 6th month after the

borrower ceased to be a full-time student." and substituting "end,";

(

b) by adding the following subclauses at the end of clause (b):

(

i) in the case of a borrower who ceases to be a

full-time student on or before April 1, 2001, on the last day of the 6th

month after the borrower ceases to be a full-time student,

(ii) in the case of a borrower who ceases to be a

full-time student after April 1, 2001 but before August 1, 2001, on July

31, 2001, and

(iii) in the case of a borrower who ceases to be a

full-time student on or after August 1, 2001, on the last day of the month

in which the borrower ceases to be a full-time student.

10 The

Schedule is amended by repealing

section 2 and substituting the

following:

2 The maximum loan limits for the loan year commencing August 1,

2001 are as follows:

(a) $10 700 in an academic year or $5350 in a semester;

(

b) in the case of a student who is enrolled in an

accelerated program, $16 050 in an academic year or $8025 in a semester;

(

c) in the case of a student who is a dependent student

and who demonstrates to the satisfaction of the Minister that a similar

program to the one being taken is not available at a post-secondary

institution in the student's community or within reasonable commuting

distances from the student's parental home,

(i) $12 700 in an academic year or $6350 in

a semester, or

(ii) if the student is enrolled in an

accelerated program, $19 050 in an academic year or $9525 in a semester.

11 This Regulation comes into force on August 1, 2001.

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

Alberta Regulation 148/2001

Government Organization Act

COMMUNITY DEVELOPMENT GRANTS AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 304/2001) on July 24, 2001

pursuant to

section 13 of the Government Organization Act.

1 The Community Development Grants Regulation (AR 57/98) is amended by

this Regulation.

2(1)

Schedule 2 is amended by this section.

(2) Section 4 is amended

(

a) in subsection (1) by striking out "1997" and substituting

"2000";

(

b) in subsection (2) by striking out "1997" and substituting

"2000";

(

c) by repealing subsection (3).

(3) Section 14(3) and (4) are repealed.

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

Alberta Regulation 149/2001

Persons with Developmental Disabilities

Community Governance Act

GOVERNANCE AMENDMENT REGULATION

Filed: July 24, 2001

Made by the Lieutenant Governor in Council (O.C. 305/2001) on July 24, 2001

pursuant to

section 23 of the Persons with Developmental Disabilities

Community Governance Act.

1 The Governance Regulation (AR 208/97) is amended by this Regulation.

2 Sections 3 and 4 are repealed and the following is substituted:

Advertising for nominations

3(1) If there is a vacancy on a Board, other than for a position on

the Provincial Board described in

section 1, the Minister must advertise

for nominations for the position,

(

a) in the case of the Provincial Board or a Facility

Board, throughout Alberta;

(

b) in the case of a Community Board, within the region

served by the Community Board.

(2) Notwithstanding subsection (1), if a vacancy occurs on a Board

and an advertisement for an earlier vacancy on the Board was placed under

subsection (1) within the 6 previous months, the Minister

(

a) is not required to advertise the vacancy, and

(

b) may appoint a member from the nominations received

pursuant to that advertisement.

Reassignment of members

4 Notwithstanding

section 3, where there is a vacancy on a Board,

other than for a position on the Provincial Board described in

section 1,

if the Minister considers it appropriate to do so, the Minister may appoint

a person to fill the vacancy who

(

a) has been nominated for and, within the preceding 2

years, has served on another Board under the Act or the Persons with

Developmental Disabilities Foundation Act, and

(

b) otherwise meets eligibility requirements for the

vacant position under the Act.

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

Alberta Regulation 150/2001

Forest and Prairie Protection Act

FOREST PROTECTION (PAYMENT FOR SERVICES, VEHCILES

AND EQUIPMENT) REGULATION

Filed: July 24, 2001

Made by the Minister of Sustainable Resource Development (M.O. 24/2001) on

July 23, 2001 pursuant to

section 40(

f) and (

g) of the Forest and Prairie

Protection Act.

Definitions

1 In this Regulation,

(a) "Act" means the Forest and Prairie Protection Act;

(b) "Department" means the department under the Minister determined

under

section 16 of the Government Organization Act as the Minister

responsible for the Act.

Remuneration and payments for services, vehicles and equipment

2(1) The remuneration that is to be paid for services provided, and the

rates that are to be paid for the use of vehicles and equipment, in

wildfire suppression and other forest protection operations are to be

determined in accordance with

(

a) Schedule 1 in respect of the provisions of services, and

(

b) Schedule 2 in respect of the use of vehicles and equipment.

(2) The remuneration and the rates that are to be paid under subsection

(1)(

a) and (

b) are to be computed from June 8, 2001.

Repeal

3 The Forest Protection (Payment for Services Vehicles and Equipment)

Regulation (AR 72/2000) is repealed.

Expiry

4 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

of January 31, 2006.

SCHEDULE 1

REMUNERATION FOR SERVICES

1 In this Schedule, "certified person" means a person who is job rated

and certified by the Land and Forest Service Personnel Certification

Program for Fire Control, and "uncertified person" means a person who is

not both job rated and so certified.

2 The rates of remuneration payable to persons providing services are to

be determined in accordance with the following Table:

TABLE

CATEGORY HOURLY RATE

OF SERVICE CERTIFIED UNCERTIFIED

PROVIDED PERSONS PERSONS

(1) Command Function*

(

a) Fire Boss I $ 19.10 n/a

(

b) Fire Boss II 17.04 n/a

(2) Line Function*

(

a) Wildland Firefighter III Member $ 9.33 $ 8.23

(

b) Wildland Firefighter II Member 11.53 10.43

(

c) Wildland Firefighter I Member 13.72 12.62

(

d) Wildland Firefighter II Sub-leader 12.62 11.53

(

e) Wildland Firefighter I Sub-leader 14.82 13.72

(

f) Wildland Firefighter III Leader 11.53 10.43

(

g) Wildland Firefighter II Leader 13.72 12.62

(

h) Wildland Firefighter I Leader 15.92 14.82

(

i) Sector Boss 17.02 15.92

(

j) Dozer Boss 14.93 13.83

(

k) Heavy Equipment Boss 16.02 14.93

(3) Plans Function*

(

a) Fireline Radio Operator I $12.35 $11.26

(

b) Fireline Radio Operator II 11.26 10.43

(

c) Fireline Radio Operator III 10.43 9.33

(

d) Intelligence Officer II 12.79 11.69

(

e) Plans Chief II 17.02 15.92

(4) Service Function*

(

a) Cook's Helper $ n/a $ 7.85

(

b) Cook I 11.75 10.65

(

c) Cook II 9.88 8.78

(

d) Time Officer 11.53 10.43

(

e) First Aid Attendant 9.77 n/a

(

f) Camp Officer n/a 12.84

(

g) Mechanic n/a 11.58

(

h) Stevedore n/a 7.85

(

i) Stevedore Foreman n/a 9.61

(

j) Supply Officer II 14.49 13.40

(

k) Service Chief II 17.02 15.92

(

l) Air Transport Officer 12.84 11.75

(

m) Surface Transport Officer 12.84 11.75

(

n) Equipment Operator/Light n/a 10.98

(

o) Equipment Operator/Heavy n/a 13.18

(

p) Fire Administrative Support n/a 11.53

(

q) Trainee 5.90 n/a

(

r) Heavy Equipment Officer 12.84 11.75

*All out-of-service Incident Command System (ICS) Type I Overhead

positions, regardless of function, are to be paid at the rate of $19.10

per hour or paid according to a personal services contract.

3(1) Rates of remuneration are to be calculated on 8 hours per day at

straight time.

(2) All hours of work in excess of 8 hours per day at straight time are to

be compensated for at 1.5 times the regular rate of remuneration.

(3) In this

section "at straight time" refers to actual hours worked,

excluding breaks.

4 Holiday remuneration is to be calculated at the rate of 4% on all

regular hours (excluding overtime hours) worked.

5 A person serving in a category described in item (3)(

a) or (4)(b), (c),

or (

d) of the Table in

section 2 may be considered certified if the person

provides to a forest officer proof of satisfactory certification of

proficiency or receipt of training in the category of service.

6 Type I Wildland Firefighting Crew members are to be paid in accordance

with item (2) of the Table in

section 2 when hired as Emergency

Firefighters before or after the fire season.

SCHEDULE 2

RATES FOR VEHICLES AND EQUIPMENT USE

1 The rates prescribed in this

Schedule include amounts to be paid for

the provision of fuel and remuneration for the operator, unless otherwise

specified.

2 The rate to be paid for vehicles and other equipment on man-up, within

the meaning of the Forest Fire Management Terms 1998, as amended and as

published by the Department is a standby rate of 80% of the regular hourly

rate for the total hours on standby, as determined by the duty officer of

the Department.

3(1) The rates to be paid for passenger cars and trucks hired are to be

determined in accordance with the following:

(

a) passenger cars (all makes):

(

i) compact $40/day plus $0.15/km;

(ii) mid-size $45/day plus $0.15/km;

(iii) full-size $50/day plus $0.15/km;

(

b) light trucks, including vans and panel trucks (all makes):

(

i) less than 1/2 ton, 2-wheel drive $30/hr;

(ii) 1/2 ton or more but less than 3/4 ton,

2-wheel drive, or 6 to 8 passenger van $35/hr;

(iii) 3/4 ton or more but less than 1 ton,

2-wheel drive, or 9 to 12 passenger van $40/hr;

(iv) 1 ton or more but less than 2 tons,

2-wheel drive, or 13 to 15 passenger van $50/hr;

(

c) for 4-wheel drive units add $10/hr;

(

d) trucks 2 tons and over:

(i) 2 tons or more but less than 3 tons $55/hr;

(ii) 3 tons or more $65/hr.

(2) Notwithstanding subsection (1), if vehicles are hired from a

commercial rental business, the rental rate of that business is to be the

rate payable.

(3) Only under exceptional circumstances may an employee of the Department

employed to operate a vehicle be hired under subsection (1).

(4) All permanent employees of the Department using their own vehicles for

the purpose of firefighting are to be paid the vehicle rate in accordance

with the Subsistence, Travel and Moving Expenses Regulation made under the

Public Service Act.

4 The rate to be paid for any heavy equipment not included in

section 3

or not otherwise specifically provided for in this Regulation is to be

determined in accordance with the Alberta Road Builders and Heavy

Construction Association Equipment Rental Rates Guide. The hourly rate is

to be determined in accordance with the following:

(

a) equipment servicing and the use of the service vehicle is to be

part of the hourly rate;

(

b) if the operator does not supply the fuel, the rate is to be

decreased by 10%;

(

c) if crawler tractors hired are wide pad models, are equipped

with a hydraulic winch or are equipped with a hydraulic tilt dozer, the

hourly rate is to be increased as specified in the Alberta Road Builders

and Heavy Construction Association Equipment Rental Rates Guide.

5 The rate to be paid in respect of skidders is to be determined in

accordance with the Alberta Road Builders and Heavy Construction

Association Equipment Rental Rates Guide. The hourly rate is to be

determined in accordance with the following:

(

a) equipment servicing and the use of the service vehicle is to be

part of the hourly rate;

(

b) if the skidder hired is equipped with a water tank and pump and

hose, the rate is to be increased as specified in

section 7(1), (3) and

(4) of this Schedule;

(

c) if the operator does not supply the fuel, the rate is to be

decreased by 10%.

6 The rate to be paid in respect of tracked vehicles where the Alberta

Road Builders and Heavy Construction Association Equipment Rental Rates

Guide is not applicable is to be determined in accordance with the

following (with hourly rates inclusive of the operator):

EQUIPMENT HOURLY RATE

(

a) Bombardier

(

i) Bombi $ 64.00

(ii) Model J-5 (tractor) 68.00

(iii) Model S-6 (3-4 tons) 68.00

(iv) Model N-5 (3-4 tons) 68.00

(

v) Muskeg Carrier (3-4 tons) 78.00

(vi) Safari (3-4 tons) 78.00

(vii) Terrain Master (7 1/4 tons) 90.00

(

b) Flextrack Nodwell RN or FN Models

(i) 10, 1/2 ton $ 60.00

(ii) 15, 1/4 ton 70.00

(iii) 20, 1 ton 75.00

(iv) 30, 1 1/2 tons 78.00

(v) 60, 3 tons 82.00

(vi) 75, 3 3/4 tons 90.00

(vii) 110, 6 tons 92.00

(viii) 160, 8 tons 95.00

(ix) 240, 12 tons 110.00

(x) 400, 20 tons 160.00

(xi) 600, 35 tons 190.00

(

c) Foremost

(

i) Surego, 1/2 ton $ 64.00

(ii) S200, 2 tons 75.00

(iii) 6T, 6 tons (4 track drive) 90.00

(iv) 8T, 8 tons (4 track drive) 100.00

(v) 12T, 12 tons (4 track drive) 115.00

(

d) Artco/Hillbrand/Flotation Tires ATV (does not include operator)

(

i) Model H $ 66.00

(ii) Model J 78.00

(iii) Model K or L, 4x4 80.00

(iv) Model K or L, 6x6 105.00

(

e) F.M.C. Steel Track Model 210CA $190.00

7 The rates to be paid in respect of miscellaneous firefighting equipment

are to be determined in accordance with the following:

(1) Portable Fire Pumps (all types)

(

a) Pumps with 50 mm (2") or larger discharge

ports, rate per hour $ 4.50

(

b) Pumps with 38 mm (1 1/2") discharge ports,

rate per hour $ 4.00

(

c) Pumps with 25 mm (1") or smaller discharge

ports, rate per hour $ 3.50

 The above rates apply if the Department supplies gasoline and oil

only.

 If the owner or operator supplies gasoline and oil, add $1.00 per

hour.

 Operator - see Equipment Operator/Light, item (4)(

n) of the Table in

section 2 of

Schedule 1.

(2) Power Saws (all types)

(

a) Saws with engine size of 54 to 57 cc, rate per

hour $4.50

(

b) Saws with engine size over 57 cc, rate per

hour $5.50

 The above rates apply if the Department supplies gasoline and oil

only.

 If the owner or operator supplies gasoline and oil, add $1.00 per

hour.

 Operator - see Equipment Operator/Light, item (4)(

n) of the Table in

section 2 of

Schedule 1.

(3) Fire Hose

If 30-metre length of lined discharge fire hose is supplied by the owner or

operator, add $0.20 per length per hour.

(4) Stationary Tanks (tanks only)

IMPERIAL GALLONS LITRES DAILY RATE

100 455 $ 6.00

200 910 8.00

300 1364 10.00

301-999 1365-4549 13.00

1000 4550 21.00

2000 9090 32.00

3000 13 638 34.00

4000 18 180 36.00

5000 22 730 40.00

6000 27 280 50.00

7000 31 820 55.00

8000 36 370 60.00

9000 40 914 65.00

10 000 45 460 70.00

 Use the above rates for tanks only, hired without a truck or pump.

 Skidder/Nodwell tanks - $0.006 per litre, per hour.

 Add applicable rate per day for portable fire pump if tank is so

equipped or pump is required.

 Add applicable rate per day for pump fuel and oil if supplied by the

owner or operator.

 Add applicable rate if hose is supplied by owner/operator.

(5) Special Units

Municipal fire truck complete with

5-person crew $350.00/hr

Rescue Unit 125.00/hr

Tanker 125.00/hr

These rates apply unless the municipality has a published rate.

8(1) Rates are to be paid for a school bus or coach on either a per

kilometre or hourly basis. The rate is to be determined in accordance with

the following and is to include the provision of a driver and fuel:

SCHOOL BUS RATE COACH RATE

$ per km $ per hr $ per km $ per hr

12-25 passenger bus $1.00 $50.00 $1.15 $60.00

26-39 passenger bus 1.10 55.00 1.25 65.00

40 + passenger bus 1.30 65.00 1.50 75.00

(2) Notwithstanding subsection (1), if a bus or coach is hired from a

commercial rental business, the rental rate of that business is to be the

rate payable.

9 Rates for all-terrain vehicles are to be paid in accordance with the

Alberta Road Builders and Heavy Construction Association Equipment Rental

Rates Guide.

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

Alberta Regulation 151/2001

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: July 25, 2001

Made by the Minister of Sustainable Resource Development (M.O. 23/2001) on

July 24, 2001 pursuant to sections 15, 25 and 96 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.

Section 3 is amended

(

a) by repealing clause (j);

(

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

(w.1) "game bird shooting ground" means land referred to

section 45(1);

(

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

(y.1) "hunter host" means the holder of a hunter host

licence;

(

d) in clause (ii.2)

(

i) by adding "or a non-resident special licence" after

"resident special licence";

(ii) by adding "and that has been declared a principal

special licence under

section 30(2.11)" after "30(2.1)".

(

e) by adding the following after clause (jj):

(jj.1) "public land" means public land within the

meaning of the Public Lands Act;

Section 29 is amended

(

a) in subsection (1.1)(

b) by adding "or, where the requirements of

subsection (1.2) are met, a non-resident" after "resident";

(

b) by adding the following after subsection (1.1):

(1.2) The requirements referred to in subsection (1.1)(

b) for the

obtaining or holding by a non-resident of a partner special licence are

that

(

a) the principal special licence with which it is

associated authorizes the hunting of a specific kind of animal in a WMU or

an area where the Minister provides a non-resident the opportunity, through

a lottery, to obtain a special licence that authorizes the hunting of an

animal of that kind, and

(

b) the holder of that principal special licence is a

resident.

(

c) in subsection (2)(

b) by striking out "class C guide" and

substituting "hunter host".

Section 30 is amended

(

a) in subsection (2.1) by striking out "resident special licence"

and substituting "resident or non-resident special licence issued through a

lottery";

(

b) by adding the following after subsection (2.1):

(2.11) The Minister may declare any licence issued through a

lottery referred to in subsection (2.1) to be a principal special licence.

(

c) in subsection (4)(

a) by adding "or goat" after "sheep";

(

d) in subsection (7) by striking out "for hunting" and

substituting "that is restricted to hunting only";

(

e) in subsections (12) and (13) by striking out "class C guide"

wherever it occurs and substituting "hunter host".

Section 31 is amended

(

a) in subsection (6) by striking out "class C guides" and

substituting "hunter hosts";

(

b) in subsection (7)

(

i) by striking out "class C guide" and substituting

"hunter host";

(ii) by striking out "guide or of that guide's" and

substituting "hunter host or of that hunter host's";

(

c) in subsection (15) by striking out "Class C guide's" and

substituting "hunter host".

Section 32 is amended by renumbering it as

section 32(1) and adding the

following after subsection (1):

(2) Notwithstanding subsection (1)(a), a wildlife certificate is

never a component part of a licence for the purpose of construing

section

28(1) of the Act.

Section 50 is amended by striking out "Class C guide's" wherever it

occurs and substituting "hunter host".

Section 51 is amended

(

a) in subsection (1)

(

i) by striking out "Class C guide's" wherever it

occurs and substituting "hunter host";

(ii) by striking out "class C guide" and substituting

"hunter host";

(iii) in clause (

c) by striking out "the guide" and

substituting "the hunter host";

(

b) in subsection (2) by striking out "Class C guide's" and

substituting "hunter host".

Section 70(2) is amended by adding "unprocessed" after "dead".

10 Sections 79(a)(ii) and 80(a)(ii) are amended by striking out "as

defined in the Public Lands Act".

Section 85 is amended by striking out "as defined under the Public

Lands Act".

12 Sections 87 and 88 are repealed and the following is substituted:

Commercial dog training permit - eligibility

87 The Minister may issue a commercial dog training permit to an

adult, a business corporation or a society that wishes to train dogs for

the purpose of hunting wildlife or retrieving game birds for gain or

reward.

Commercial dog training permit - entitlements

87.1(1) A commercial dog training permit authorizes its holder to

train dogs for the purpose of hunting wildlife or retrieving game birds for

gain or reward and is specifically the permit referred to in

section 50 of

the Act so far as that

section refers to the training of dogs.

(2) Notwithstanding subsection (1), a commercial dog training

permit may not authorize the training of dogs within Townships 1 to 8,

Ranges 1 to 11, west of the fourth meridian.

Dog trialing permit - eligibility

88 The Minister may issue a dog trialing permit to a person who

wishes to hold a field trial for dogs sanctioned by an organized group of

persons involved in dog training or trialing.

Dog trialing permit - entitlements

88.1(1) A dog trialing permit authorizes its holder to hold field

trials for dogs for the purpose of hunting wildlife or retrieving game

birds and is specifically the permit referred to in

section 50 of the Act

so far as that

section refers to the holding of field trials for dogs.

(2) Notwithstanding subsection (1), a dog trialing permit may not

authorize the holding of a field trial for dogs within Townships 1 to 8,

Ranges 1 to 11, west of the fourth meridian.

Section 95 is amended

(

a) in subsection (1)(

c) by striking out "Class C guide's" and

substituting "hunter host";

(

b) in subsection (3.1) by striking out "or" at the end of clause

(a), adding ", or" at the end of clause (

b) and adding the following after

clause (b):

(

c) he is lawfully assisting others to hunt pheasants,

gray partridges or Merriam's turkeys on a game bird shooting ground.

(

c) in subsection (3.2) by striking out "an outfitter-guide (bird

game)" and substituting "a person authorized to accept consideration under

subsection (3.1)(

a) or (c)".

Section 96(

a) is amended by adding the following after subclause (i):

(i.1) upland game birds throughout Alberta and throughout the year,

Section 98 is amended

(

a) in subsection (6) by striking out "mule deer,";

(

b) by repealing subsection (8).

Section 113(2) is amended

(

a) by striking out "class C guide" and substituting "hunter host";

(

b) by striking out "Class C guide's" and substituting "hunter

host".

Section 118 is amended

(

a) by renumbering it as

section 118(1);

(

b) in subsection (1) by adding "in relation to the holding of

field trials for dogs" after "Act";

(

c) by adding the following after subsection (1):

(2) The area prescribed for the purposes of

section 50 of the Act in

relation to the training of dogs is all of Alberta.

(3) A person shall not hold field trials for dogs for the purpose of

hunting wildlife or retrieving game birds on public land within Townships

1 to 8, Ranges 1 to 11, west of the fourth meridian that is not prescribed

by subsection (1).

Section 130(6) is amended by striking out "Class C guide's" and

substituting "hunter host".

Section 136(3) is amended by striking out "125" and substituting

"200".

Schedule 8 is amended

(

a) in

Part 1 by adding the following after item 58:

58.1 Non-resident partner special licence 42.00

(

b) in

Part 2

(

i) in item 16 by striking out "Class C guide's" and

substituting "Hunter host";

(ii) in item 26 by striking out "training or";

(

c) in

Part 3 by adding the following after item 15:

16 Commercial dog training permit 25.00

Schedule 13 is amended

(

a) in

Part 1 by striking out "Snow Geese and Ross' Geese 10" and

substituting "Snow Geese and Ross' Geese 20";

(

b) in

Part 2 by striking out "Snow Geese and Ross' Geese 30" and

substituting "Snow Geese and Ross' Geese 60".

Schedule 15 is amended

(

a) in

section 5

(

i) in clause (i)(ii) by adding ", an antlerless moose

special licence valid in that portion of WMU 248 that is within the County

of Strathcona" after "white-tailed deer licence";

(ii) in clause (

j) by striking out "highway 2" wherever

it occurs and substituting "highway 43";

(iii) in clause (

m) by striking out "6 to September 23"

and substituting "5 to September 29";

(iv) in clause (

o) by striking out "23 to November 25"

and substituting "29 to December 1";

(

b) in

section 8(2)(

c) by striking out "10" and substituting "16";

(

c) in

section 10

(

i) in subsection (2) by adding "in WMU 302 and" after

"beard";

(ii) by repealing subsection (4) and substituting the

following:

(4) The open seasons for the hunting by means of

falconry birds of migratory game birds in Game Bird Zones 1 to 8 are the

same as the seasons established in Table 7.

(iii) in subsection (6) by striking out "2 to September

4" and substituting "1 to September 3";

(

d) by repealing Tables 1, 2, 3 and 4 and substituting the

following:

SCHEDULE 15

TABLE 1

BIG GAME SEASONS

WMU

SEASON GROUP

GENERAL

SEASONS

ARCHERY ONLY

SEASONS

102,104,106

G24

A18

G24

A38

110,112,116,118,119,124

G24

A18

128,130

G24

A38

132,134,136,138,140,142,144,148,150,151,152

G24

A18

156,158,160

G27

A19

G24

A18

163,164

G27

A19

G32

A22

200,202,203

A26

204,206,208

G25

A22

G27

A19

N/A

A34

G10

A32

G31

A41

220,221,222

G25

A22

G31

A41

226,228,230,232

G25

A22

G34

A10

236,238,240,242,244,246

G25

A22

N/A

A35

G26

A39

252,254,256,258

G25

A22

G30

A23

G22

A16

G41

A17

G21

A17

304,305

G23

A17

306,308

G21

A17

310,312,314

G20

A15

G37

A24

318,320

G35

A28

322,324

G31

A28

G48

G13

G11

G31

A28

334,336

G31

A41

G31

A28

G36

A29

340,342

G12

G12

G31

A28

349,350

G12

G12

353,354

355,356

A43

G44

G45

A40

G50

G47

A14

G19

A14

404,406

G17

A12

G18

A13

N/A

A34

412,414

G15

A11

G51

A11

G46

A11

G28

A21

420,422

G51

A11

G14

A11

G51

A11

G13

G51

A11

G15

A11

434,436

G14

A11

G16

A11

438,439

G14

A11

440,441,442,444,445,446

G15

A11

G30

A31

G33

A20

G26

A37

503,504

G42

A33

G38

A25

G26

A37

G31

A28

G25

A22

G34

A30

G40

A27

511,512,514,515,516

G29

517,518

519,520

G29

521,522,523

G44

524,525

Document details

CollectionAlberta — Gazette
Citation0815 ii
Typegazette
Volume / chapter0815 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifier416c55c3185502287d5b616ba38b649afc6c10ac

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