Alberta Gazette — 31 December 2022 (Part II)
31 December 2022
Alberta — Gazette
Alberta Regulation 238/2022
Provincial Offences Procedure Act
PROCEDURES (OCCUPATIONAL HEALTH AND
SAFETY CODE) AMENDMENT REGULATION
Filed: December 7, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 388/2022)
on December 7, 2022 pursuant to
section 42 of the Provincial Offences Procedure
Act.
1 The Procedures Regulation (AR 63/2017) is amended by
this Regulation.
2 The
Schedule is amended in
Part 17 in
section 2 by
repealing items 55 and 59 to 63.
3 This Regulation comes into force on March 31, 2023.
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Alberta Regulation 239/2022
Utility Commodity Rebate Act
UTILITY COMMODITY REBATE
AMENDMENT REGULATION
Filed: December 7, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 389/2022)
on December 7, 2022 pursuant to
section 10 of the Utility Commodity Rebate Act.
1 The Utility Commodity Rebate Regulation (AR 158/2022)
is amended by this Regulation.
Section 2(d.1) is repealed.
Section 3 is amended by striking out "in the defined period".
4 The following is added after
section 5:
Rebate amount - extension
5.1 The maximum amount of rebate that may be provided for the
benefit of an eligible consumer in respect of a site is
(a) $75 per billing cycle for 2 consecutive billing cycles
beginning immediately following the 6 consecutive billing
cycles referred to in
section 5 and ending no later than April
30, 2023, and
(b) $25 per billing cycle for 2 consecutive billing cycles
beginning immediately following the 2 consecutive billing
cycles referred to in clause (
a) and ending no later than June
30, 2023.
Section 6(1) is repealed and the following is substituted:
Provision of rebate by distributor
6(1) If a distributor has received money under
section 3(1) or 6 of
the Act, or been directed to provide rebates under
section 3(2) of the
Act, the distributor must provide a rebate in the form of a reduction
to the distribution tariff for each eligible consumer's site served by
the distributor as follows:
(a) $50 per billing cycle for 6 consecutive billing cycles ending
no later than February 28, 2023;
(b) $75 per billing cycle for 2 consecutive billing cycles
beginning immediately following the 6 consecutive billing
cycles referred to in clause (
a) and ending no later than April
30, 2023;
(c) $25 per billing cycle for 2 consecutive billing cycles
beginning immediately following the 2 consecutive billing
cycles referred to in clause (
b) and ending no later than June
30, 2023.
(1.1) For each billing cycle for which a rebate is provided under
subsection (1), the distributor must include a line item in the tariff
bill file presented to each direct provider setting out the reduction to
the distribution tariff charges for each eligible consumer's site.
Section 7(1) is amended by striking out "section 6(1)(b)"
and substituting "section 6(1.1)".
Section 8(3) is amended by striking out "March 31, 2023"
and substituting "July 31, 2023".
Alberta Regulation 240/2022
Education Act
PRACTICE REVIEW OF TEACHERS AND
TEACHER LEADERS AMENDMENT REGULATION
Filed: December 7, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 390/2022)
on December 7, 2022 pursuant to sections 201, 244(1.1), 225.99995 and 225.99997 of
the Education Act.
1 The Practice Review of Teachers and Teacher Leaders
Regulation (AR 124/2022) is amended by this Regulation.
2 The title of the Regulation is repealed and the following
is substituted:
PROFESSIONAL CONDUCT AND
COMPETENCY FOR TEACHERS AND
TEACHER LEADERS REGULATION
Section 1 is amended
(
a) in clause (
b) by striking out "AR 84/2019" and
substituting "AR 123/2022";
(
b) by adding the following after clause (b):
(c) "ideological advantage" means perspectives taught to
students in a biased manner with the intent to take
advantage of a student's uninformed or under-informed
opinions, but does not include programs of study
established under the Act;
(d) "student", for the purposes of the code of professional
conduct referred to in
section 225.5 of the Act, includes
a child enrolled in an early childhood services program.
4 The heading to
Part 1 is amended by striking out
"Process".
5 The following is added after the heading to
Part 1:
Code of professional conduct
1.1 The code of professional conduct for teachers and teacher
leaders referred to in
section 225.5 of the Act is established in
Schedule 1.1.
Section 17(a)(
i) is repealed and the following is
substituted:
(
i) in the case of a school operated by a board, Francophone
regional authority or operator of a charter school,
(
A) the superintendent appointed under the Act for the
board, Francophone regional authority or charter school,
(
B) in respect of a matter that relates to the superintendent,
(
I) the chair of the board or Francophone regional
authority, or
(II) the operator of the charter school,
7 The following is added after
Schedule 1:
Schedule 1.1
Code of Professional Conduct
for Teachers and Teacher Leaders
Preamble
This code of professional conduct for teachers and teacher leaders is
established in accordance with
section 1.1 of this Regulation.
This code does not prejudicially affect any right or privilege
guaranteed by the Canadian Charter of Rights and Freedoms or any
constitutionally protected religious instruction right or privilege under
section 93 of the Constitution Act, 1867.
Teachers and teacher leaders shall comply with this code.
Sections 225.4, 225.5, 225.91 and other sections of the Act provide the
legal framework for this code, including mandatory compliance and
procedures for alleged non-compliance.
Conduct that does not comply with this code constitutes unprofessional
conduct in accordance with the Act.
Any person may make a complaint pursuant to the Act about alleged
unprofessional conduct of a teacher or teacher leader, which may result
in disciplinary action impacting a teacher's or teacher leader's
suitability to hold a certificate.
Unprofessional conduct and professional incompetence are defined
separately in the Act. This code does not apply for the purposes of
determining professional incompetence.
The Teaching Quality Standard, Leadership Quality Standard and
Superintendent Leadership Quality Standard establish professional
development requirements for teachers and teacher leaders.
This code applies to the conduct of an individual teacher or teacher
leader. Matters pertaining to the administration of school authorities
are subject to applicable legislation.
The conduct of teachers and teacher leaders, both on and off duty,
bears directly on the community's perception of the ability of teachers
and teacher leaders to fulfill their unique position of trust and
influence. Society and the school community hold teachers and teacher
leaders to a high standard of conduct. Teachers and teacher leaders are
accountable for their conduct, on and off duty, and are expected to
conduct themselves with due regard to the honour, dignity, welfare,
rights and best interests of students and the teaching profession.
Professional Conduct Requirements
1 In relation to students,
(
a) the teacher or teacher leader shall respect the dignity and
rights of all students and persons without prejudice as to the
prohibited grounds of discrimination set out in the Alberta
Human Rights Act and with regard to rights as provided for
in the Canadian Charter of Rights and Freedoms, and be
considerate of the circumstances of students and persons,
(
b) the teacher or teacher leader is required to demonstrate a
welcoming, caring, respectful and safe learning environment
that respects diversity and nurtures a sense of belonging,
which students are entitled to under the Act,
(
c) the teacher or teacher leader shall teach or lead in a manner
that does not intentionally contravene applicable
(
i) legislation, and
(ii) policies of Alberta Education,
(
d) the teacher or teacher leader shall not
(
i) intentionally harm or abuse a student verbally,
psychologically or emotionally, or
(ii) harm or abuse a student physically or sexually,
(
e) the teacher or teacher leader shall not
(
i) intentionally engage in an illegal activity or other
activities that may cause a student to be put at or to
remain at risk of harm or abuse, or
(ii) knowingly encourage or enable a student to engage in
an illegal activity or other activities that may cause a
student to be put at or to remain at risk of harm or
abuse,
(
f) the teacher or teacher leader shall not disclose information
received about a student in confidence or in the course of
performing the teacher's or teacher leader's professional
duties except
(
i) as required by law, or
(ii) where
(
A) in the teacher's or teacher leader's judgment, it
would be in the best interests of the student to
disclose the information, and
(
B) the disclosure of the information is permitted by
law,
(
g) the teacher or teacher leader shall not
(
i) accept pay for tutoring a student in any subjects in
which the teacher or teacher leader is responsible for
giving classroom instruction to that student, but may
provide tutoring to other students not in the teacher's or
teacher leader's charge, subject to local school policy,
(ii) take advantage of a professional position to profit from
the sale of goods or services to or for students in the
teacher's or teacher leader's charge, or
(iii) while in a position of authority, teach or lead in a
manner that exploits the teacher's or teacher leader's
relationship with students for ideological advantage,
material advantage or other advantage,
and
(
h) the teacher or teacher leader may delegate specific and
limited aspects of instructional activity to non-certificated
personnel, provided that the teacher or teacher leader
supervises such activity.
2 In relation to parents of students, the teacher or teacher leader shall
(
a) respect parents and be considerate of their circumstances,
(
b) treat information received from and about parents with
discretion,
(
c) be respectful in communications with and about parents, and
(
d) not discuss other students except where the matters being
discussed are relevant to their child and then only to the
extent that, in the teacher's or teacher leader's judgment, is
necessary.
3 In relation to colleagues, the teacher or teacher leader shall
(
a) not undermine the confidence of students in other teachers or
teacher leaders,
(
b) not criticize the professional competence or professional
reputation of another teacher or teacher leader, except
(
i) in confidence to appropriate officials, or
(ii) in making a complaint about the alleged unprofessional
conduct or alleged professional incompetence of a
teacher or teacher leader under the Act,
(
c) not take any steps to pursue the discipline or dismissal of
another teacher or teacher leader because of animosity or for
personal advantage, and
(
d) in addition to other reporting required by law, report to the
Commissioner the conduct of another teacher or teacher
leader who is alleged to cause or to have caused
psychological, emotional, physical or sexual harm or abuse to
a student.
4 In relation to the teaching profession, the teacher or teacher leader
shall
(
a) behave in a manner that maintains the honour and dignity of
the profession, and
(
b) not engage in activities that adversely affect the quality of the
teacher's or teacher leader's professional service.
Section 6 is deemed to have come into force on
September 1, 2022.
9 This Regulation, except
section 6, comes into force on
January 1, 2023.
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Alberta Regulation 241/2022
Election Act
ELECTION ACT FORMS AMENDMENT REGULATION
Filed: December 7, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 391/2022)
on December 7, 2022 pursuant to
section 207 of the Election Act.
1 The Election Act Forms Regulation (AR 69/2018) is
amended by this Regulation.
2 The
Schedule is amended
(
a) in Form 1 by striking out "you do cause a poll to be
taken" and substituting "you do cause voting to take
place";
(
b) in Form 2
(
i) by striking out "(Sections 4(3)(c), 46, 71, 73, 75.1, 76,
77.1, 113)" and substituting "(Section 45.1(9))";
(ii) by striking out "(other than a returning officer,
election clerk, enumerator or administrative
assistant)" and substituting "(other than a
returning officer, election clerk or enumerator)";
(iii) by striking out "Polling Subdivision number" and
substituting "Voting Area number";
(iv) by striking out "__ Initial here if contact information can
be shared with other election officers for the purpose of
possible future employment.";
(
v) by striking out "not more than $10 000 or to
imprisonment for not more than one year" and
substituting "not more than $50 000 or to
imprisonment for not more than 2 years";
(
c) in Form 3
(
i) by striking out "(Sections 9, 12, 46, 47, 47.1)" and
substituting "(Sections 9(5) and 47(5))";
(ii) by striking out "Appointment and Oath of
Returning Officer, Election Clerk and
Administrative Assistant" and substituting
"Appointment and Oath of Returning Officer
and Election Clerk";
(iii) by striking out "if appointed as a returning officer or
an election clerk, I also swear or affirm that I am an
elector" and substituting "that I am an elector";
(iv) by striking out "I understand that, while I am
appointed as a returning officer, election clerk or
administrative assistant," and substituting "I
understand that, while I am appointed as a returning
officer or election clerk,";
(
v) by striking out "not more than $10 000 or to
imprisonment for not more than one year" and
substituting "not more than $50 000 or to
imprisonment for not more than 2 years";
(
d) in Form 4
(
i) by striking out "(Sections 24 and 28)" and
substituting "(Section 28)";
(ii) by striking out "Polling Subdivision number" and
substituting "Voting Area number";
(iii) by striking out "__ Initial here if contact information can
be shared with other election officers for the purpose of
possible future employment.";
(iv) by striking out "not more than $10 000 or to
imprisonment for not more than one year" and
substituting "not more than $50 000 or to
imprisonment for not more than 2 years";
(
e) in Form 5 by striking out "(Sections 82 and 83)" and
substituting "(Section 83(5))";
(
f) in Form 6 by striking out "(Sections 185 and 186)" and
substituting "(Section 186(1))".
--------------------------------
Alberta Regulation 243/2022
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION RULES (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: December 14, 2022
For information only: Made by the Alberta Energy Regulator on September 22, 2022
pursuant to sections 10 and 73 of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Rules (AR 151/71) are
amended by this Regulation.
Section 18.015 is repealed and the following is
substituted:
18.015 For the purpose of ensuring that these Rules are reviewed
for ongoing relevancy and necessity, with the option that they may
be repassed in their present or an amended form following a review,
these Rules expire on February 28, 2028.
--------------------------------
Alberta Regulation 244/2022
Regional Health Authorities Act
COMMUNITY HEALTH COUNCILS (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: December 14, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 392/2022)
on December 14, 2022 pursuant to
section 23 of the Regional Health Authorities Act.
1 The Community Health Councils Regulation (AR 202/97)
is amended by this Regulation.
Section 11 is amended by striking out "October 31, 2023"
and substituting "October 31, 2028".
--------------------------------
Alberta Regulation 245/2022
Residential Tenancies Act
SUBSIDIZED PUBLIC HOUSING
AMENDMENT REGULATION
Filed: December 14, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 393/2022)
on December 14, 2022 pursuant to
section 69 of the Residential Tenancies Act.
1 The Subsidized Public Housing Regulation (AR 191/2004)
is amended by this Regulation.
Section 3(1) is amended by striking out "any applicable
deductions made under
section 1(3)" and substituting "any
applicable exemptions of income or other amounts made under
section
1(6)".
3 This Regulation comes into force on the coming into
force of
section 2(
c) and (
e) of the Social Housing
Accommodation Amendment Regulation (AR 207/2022).
--------------------------------
Alberta Regulation 246/2022
Assured Income for the Severely Handicapped Act
ASSURED INCOME FOR THE SEVERELY HANDICAPPED
GENERAL AMENDMENT REGULATION
Filed: December 14, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 398/2022)
on December 14, 2022 pursuant to
section 3.1(2.2) of the Assured Income for the
Severely Handicapped Act.
1 The Assured Income for the Severely Handicapped
General Regulation (AR 91/2007) is amended by this
Regulation.
2 The following is added after
section 1.1:
CPI adjustment year
1.2 For the purposes of
section 3.1(2.2) of the Act, the CPI
adjustment year is the 2023 CPI adjustment year.
--------------------------------
Alberta Regulation 247/2022
Income and Employment Supports Act
INCOME SUPPORT, TRAINING AND HEALTH
BENEFITS AMENDMENT REGULATION
Filed: December 14, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 399/2022)
on December 14, 2022 pursuant to
section 5.1(2.2) of the Income and Employment
Supports Act.
1 The Income Support, Training and Health Benefits
Regulation (AR 122/2011) is amended by this Regulation.
2 The following is added after
section 1.1:
CPI adjustment year
1.2 For the purposes of
section 5.1(2.2) of the Act, the CPI
adjustment year is the 2023 CPI adjustment year.
Alberta Regulation 248/2022
Seniors Benefit Act
SENIORS BENEFIT ACT GENERAL
AMENDMENT REGULATION
Filed: December 14, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 400/2022)
on December 14, 2022 pursuant to
section 2.4 of the Seniors Benefit Act.
1 The Seniors Benefit Act General Regulation (AR 213/94)
is amended by this Regulation.
2 The following is added after
section 1.1:
CPI adjustment year
1.2 For the purposes of
section 2.4 of the Act, the CPI adjustment
year is the 2023 CPI adjustment year.
--------------------------------
Alberta Regulation 249/2022
Seniors' Property Tax Deferral Act
SENIORS' PROPERTY TAX DEFERRAL (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: December 14, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 401/2022)
on December 14, 2022 pursuant to
section 7 of the Seniors' Property Tax Deferral
Act.
1 The Seniors' Property Tax Deferral Regulation
(AR 85/2013) is amended by this Regulation.
Section 9 is amended by striking out "March 31, 2023" and
substituting "March 31, 2028".
Alberta Regulation 250/2022
Emissions Management and
Climate Resilience Act
ADMINISTRATIVE PENALTY
AMENDMENT REGULATION
Filed: December 14, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 402/2022)
on December 14, 2022 pursuant to
section 60 of the Emissions Management and
Climate Resilience Act.
1 The Administrative Penalty Regulation (AR 140/2007) is
amended by this Regulation.
2 The
Schedule is amended by repealing
section 4 and
substituting the following:
4 Technology Innovation and Emissions Reduction Regulation
(AR 133/2019)
sections 4(10), 5(14), 7(4) and (5), 12(1), (2) and (3), 13(3.1),
(5), (6), (6.1), (7), (8), (9), (10) and (12), 14(3), (4), (5) and
(9), 15(1), (2), (3), (5) and (6), 16(1), (4) and (5), 18(1),
(2) and (3), 22(5) and (5.1), 25(1) and (2), 26(1), (2), (3) and (4),
31(1), (2), (3), (4), (5) and (6) and 33(c), (d), (e), (f), (
g) and
(h).
3 This Regulation comes into force on January 1, 2023.
--------------------------------
Alberta Regulation 251/2022
Emissions Management and
Climate Resilience Act
TECHNOLOGY INNOVATION AND EMISSIONS
REDUCTION AMENDMENT REGULATION
Filed: December 14, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 403/2022)
on December 14, 2022 pursuant to
section 60 of the Emissions Management and
Climate Resilience Act.
1 The Technology Innovation and Emissions Reduction
Regulation (AR 133/2019) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) by adding the following after clause (d):
(d.1) "associated emission offset" means an emission
offset converted into a sequestration credit in
accordance with
section 20.1, which may be
further converted into a capture recognition tonne
in accordance with
section 20.2;
(ii) in clause (
g) by striking out "fermentation or
combustion of biomass" and substituting
"fermentation, combustion or other chemical processes
involving biomass";
(iii) by adding the following after clause (g):
(g.1) "capture recognition tonne" means a capture
recognition tonne converted from a sequestration
credit in accordance with
section 20.2;
(iv) in clause (
k) by striking out "or" at the end of
subclause (v), adding "or" at the end of
subclause (vi) and adding the following after
subclause (vi):
(vii) a facility for supplying or transporting water
in relation to an activity described in
subclauses (
i) to (vi)
(
v) in clause (bb) by striking out "means a
benchmark" and substituting "means, for a year, a
benchmark";
(vi) by repealing clause (cc) and substituting the
following:
(cc) "large emitter" means, subject to
section 3, a
facility that
(
i) has direct emissions of 100 000 CO2e tonnes
or more in 2016 or a subsequent year, or
(ii) imports more than 10 000 tonnes of hydrogen
in 2023 or a subsequent year;
(vii) by adding the following after clause (nn):
(nn.1) "sequestration credit" means a sequestration credit
converted from an emission offset in accordance
with
section 20.1;
(
b) by adding the following after subsection (2):
(2.1) Notwithstanding subsection (2), where an executor,
administrator, receiver, receiver manager or trustee of a person
responsible for a regulated facility has charge, management or
control of the regulated facility, the executor, administrator,
receiver, receiver manager or trustee, as the case may be, is
also deemed to be the person responsible for that regulated
facility for the purposes of this Regulation.
(
c) in subsection (9) by adding "that has produced a product
for less than 3 years" after "the person responsible for a
large emitter or opted-in facility".
Section 3 is repealed and the following is substituted:
Rules respecting large emitters
3(1) This Regulation does not apply to a facility, other than an
opted-in facility or an aggregate facility, until the year after the
earlier of the year in which the facility
(
a) first has direct emissions of 100 000 CO2e tonnes or more,
and
(
b) first imports more than 10 000 tonnes of hydrogen in 2023 or
a subsequent year.
(2) An opted-in facility, or a facility that is part of an aggregate
facility, that meets a threshold under subsection (1)(
a) or (b)
(
a) continues
(
i) as an opted-in facility, or
(ii) as part of the aggregate facility,
as the case may be, for the year in which the threshold under
subsection (1)(
a) or (
b) is met,
and
(
b) becomes a large emitter the following year.
Section 4 is amended
(
a) by repealing subsection (3)(
c) and substituting the
following:
(
c) be received by the director on or before September 1 of
the year preceding the year in which the designation is
requested to be effective, unless otherwise authorized
by the director in writing.
(
b) in subsection (4)(b)(ii)(
A) and (
B) by striking out
"10 000 CO2e tonnes" and substituting "2000 CO2e
tonnes".
Section 5 is amended
(
a) by repealing subsection (2.1);
(
b) by repealing subsection (2.2) and substituting the
following:
(2.2) An application under subsection (1) must be received by
the director on or before November 15 of the year in which the
designation or the amendment to the designation, as the case may
be, is requested to be effective.
(
c) in subsection (3)(
a) by striking out "subsections
(2) and (2.1) or (2.2)" and substituting "subsections (2) and
(2.2)";
(
d) in subsection (7) by adding the following after
clause (b):
(b.1) the conventional oil and gas facility imports more than
10 000 tonnes of hydrogen in a year,
Section 8(5) is repealed and the following is substituted:
(5) The director may assign a new compliance cost containment
allocation benchmark for a product if the director is of the opinion
that there is an inaccuracy in the data on which the existing
compliance cost containment allocation benchmark for the product
was based.
Section 9 is amended
(
a) in subsection (1) by striking out
IHy
(
a) in the case of a large emitter or opted-in facility
producing a product with a benchmark unit of
Alberta complexity weighted barrel is zero, and
and substituting
IHy
(
a) in the case of a large emitter or opted-in facility
producing a product with a benchmark unit of
Alberta complexity weighted barrel, is the quantity
of hydrogen, expressed in tonnes, that is imported
by the large emitter or opted-in facility during the
year and used for stationary fuel combustion, and
(
b) by repealing subsection (3).
Section 13 is amended
(
a) by repealing subsections (2) to (4) and substituting
the following:
(2) For the purposes of
section 12, the quantity of net emissions,
expressed in CO2e tonnes, for a regulated facility for a year is
determined in accordance with the following formula:
NE = TRE - (EO + EPC + FC + SC)
where
NE is the quantity of net emissions, expressed in CO2e
tonnes, for the regulated facility for the year;
TRE is the quantity of total regulated emissions determined
in accordance with subsection (3) or (4), whichever
applies;
EO is the quantity of specified gases, expressed in CO2e
tonnes, represented by the emission offsets used for the
regulated facility for the year, in accordance with the
rules set out in this section;
EPC is the quantity of specified gases, expressed in CO2e
tonnes, represented by the emission performance credits
used for the regulated facility for the year, in
accordance with the rules set out in this section;
FC is the quantity of specified gases, expressed in CO2e
tonnes, represented by the fund credits used for the
regulated facility for the year, in accordance with the
rules set out in this section;
SC is the quantity of specified gases, expressed in CO2e
tonnes, represented by the sequestration credits used for
the regulated facility for the year, in accordance with
the rules set out in this section.
(3) For the purposes of subsection (2), the quantity of total
regulated emissions, expressed in CO2e tonnes, for a large
emitter or opted-in facility for a year is determined in accordance
with the following formula:
TRE = DE - ICO2 + ECO2 + UCO2 - CRT
where
TRE is the quantity of total regulated emissions, expressed in
CO2e tonnes, for the large emitter or opted-in facility for
the year;
DE is the direct emissions for the large emitter or opted-in
facility for the year;
ICO2 is the quantity of carbon dioxide, expressed in tonnes,
that the large emitter or opted-in facility imported
during the year from another regulated facility, not
including
(
a) the quantity of biomass CO2 emissions, or
(
b) any carbon dioxide removed from raw gas and
disposed of as an acid gas stream to an
underground formation through a Class III well in
a scheme approved under
section 39(1)(
d) of the
Oil and Gas Conservation Act;
ECO2 is the quantity of carbon dioxide, expressed in tonnes,
that the large emitter or opted-in facility exported
during the year, not including
(
a) the quantity of biomass CO2 emissions, or
(
b) any carbon dioxide removed from raw gas and
disposed of as an acid gas stream to an
underground formation through a Class III well in
a scheme approved under
section 39(1)(
d) of the
Oil and Gas Conservation Act;
UCO2 is the quantity of carbon dioxide, expressed in tonnes,
used by the large emitter or opted-in facility as
feedstock for the production of urea during the year;
CRT is the quantity of carbon dioxide, expressed in tonnes,
represented by capture recognition tonnes used for the
regulated facility for the year, in accordance with the
rules set out in this section.
(3.1) The person responsible for a large emitter or opted-in
facility shall comply with the following rules in using a capture
recognition tonne in determining the total regulated emissions for
the large emitter or opted-in facility under this section:
(
a) a capture recognition tonne may only be used for the
large emitter or opted-in facility from which the carbon
dioxide that was geologically sequestered for the
associated emission offset was captured;
(
b) a capture recognition tonne may only be used once;
(
c) a capture recognition tonne in recognition of a net
geological sequestration that occurred in a year may
only be used for that year.
(4) For the purposes of subsection (2), the quantity of total
regulated emissions for an aggregate facility, expressed in CO2e
tonnes, for a year is determined in accordance with the following
formula:
TRE = ESFC + EF + ECO2A
where
TRE is the quantity of total regulated emissions, expressed in
CO2e tonnes, for the aggregate facility for the year;
ESFC is the quantity of specified gas emissions, expressed in
CO2e tonnes, not including
(
a) the quantity of biomass CO2 emissions, or
(
b) the quantity of emissions from fuel used at a
covered facility as defined in the Greenhouse Gas
Pollution Pricing Act (Canada) and for which a
fuel charge has been paid under that Act in respect
of a time at which an exemption certificate under
section 36 of that Act applied in relation to that
covered facility,
resulting from the combustion of solid, liquid or
gaseous fuel from stationary fuel combustion devices at
an aggregate facility for the primary purpose of
providing useful heat, or energy, for industrial,
commercial or institutional use;
EF is the quantity of specified gas emissions from flaring,
expressed in CO2e tonnes, not including
(
a) the quantity of biomass CO2 emissions, or
(
b) the quantity of emissions from fuel used at a
covered facility as defined in the Greenhouse Gas
Pollution Pricing Act (Canada) and for which a
fuel charge has been paid under that Act in respect
of a time at which an exemption certificate under
section 36 of that Act applied in relation to that
covered facility,
resulting from the controlled combustion of a gas or
liquid stream produced at the facility, used for routine,
non-routine or emergency disposal of a hazardous waste
stream, where the main purpose is not energy
production;
ECO2A is the quantity of carbon dioxide, expressed in tonnes,
not including biomass CO2 emissions, resulting from
the combustion of solid, liquid or gaseous fuel from
stationary fuel combustion devices at an aggregate
facility for the primary purpose of providing useful heat,
or energy, for industrial, commercial or institutional
use, that the aggregate facility exported during the year.
(
b) in subsection (5)
(
i) in clause (
f) by striking out "2017 or a subsequent
year" and substituting "any of the years 2017 to
2022";
(ii) by adding the following after clause (f):
(
g) an emission offset serialized on the Alberta
Emissions Offset Registry in recognition of a
reduction of specified gas emissions or a net
sequestration or net geological sequestration of
carbon dioxide that occurred in 2023 or a
subsequent year may only be used for a year
within the 6-year period beginning with the year in
which the reduction of specified gas emissions or
net sequestration or net geological sequestration of
carbon dioxide occurred.
(
c) in subsection (6)
(
i) in the portion preceding clause (
a) by striking
out "net emissions for a regulated facility" and
substituting "net emissions for the regulated facility";
(ii) in clause (
f) by striking out "2017 or a subsequent
year" and substituting "any of the years 2017 to
2022";
(iii) by adding the following after clause (f):
(
g) an emission performance credit issued in respect of
2023 or a subsequent year may only be used for a
year within the 5-year period after the year in
respect of which the emission performance credit
is issued.
(
d) by adding the following after subsection (6):
(6.1) The person responsible for a regulated facility shall comply
with the following rules in using a sequestration credit in
determining the net emissions for the regulated facility under this
section:
(
a) a sequestration credit may only be used by the person
responsible that holds the sequestration credit;
(
b) a sequestration credit may only be used once;
(
c) a sequestration credit may only be used if it is converted
from an emission offset that has been verified as
required by
section 18(2);
(
d) a sequestration credit may only be used for a year
within the 6-year period beginning with the year in
which the net geological sequestration of the associated
emission offset occurred.
(
e) in subsection (7) in the portion preceding clause (
a) by striking out "net emissions for a regulated facility" and
substituting "net emissions for the regulated facility";
(
f) in subsection (8) by striking out "emission performance
credit or fund credit in determining the net emissions for the
regulated facility under this
section unless the emission offset
or emission performance credit" and substituting
"emission performance credit, sequestration credit or fund
credit in determining the net emissions for the regulated
facility under this
section unless the emission offset,
emission performance credit or sequestration credit";
(
g) by repealing subsection (9) and substituting the
following:
(9) Subject to subsection (11), for the purposes of determining
the net emissions for a regulated facility for a year under this
section, the person responsible for the regulated facility shall not
use
(
a) emission offsets,
(
b) emission performance credits, and
(
c) sequestration credits
for more than a combined maximum of the applicable percentage
set out in the following table of the true-up obligation for the
regulated facility for the year.
Combined Maximum Percentage of True-up Obligation
Year(
s) Percentage
2023 or earlier
60%
70%
80%
2026 or a subsequent
year
90%
(
h) in subsection (10)(
a) by striking out "Emission" and
substituting "Emissions".
Section 14(1) is amended by adding "with a first year of
commercial operation prior to 2023" after "The person responsible for
a large emitter or opted-in facility".
Section 16 is amended
(
a) in subsection (3)(b)(iv) by adding "plus sequestration
credits" after "plus emission offsets";
(
b) in subsection (4) by striking out "March 31" and
substituting "March 15".
Section 19 is amended
(
a) in subsections (1)(
f) and (2)(
g) by striking out "had
an effect on the determination of" and substituting
"reduced";
(
b) in subsection (3)(
g) by striking out "August 22, 2025"
and substituting "December 31, 2022".
Section 20 is amended
(
a) in subsection (1) by striking out "Subject to subsection
(4), if" and substituting "If";
(
b) by repealing subsection (4).
13 The following is added after
section 20:
Sequestration credits
20.1(1) An emission offset project developer may convert an
emission offset serialized on the Alberta Emissions Offset Registry
into a sequestration credit.
(2) An emission offset must meet the following requirements to be
converted into a sequestration credit:
(
a) it must have been an emission offset for a net geological
sequestration of carbon dioxide in accordance with
section
19(2);
(
b) the net geological sequestration must have occurred in 2022
or a subsequent year;
(
c) the carbon dioxide that was geologically sequestered for the
emission offset must have been captured at a large emitter or
opted-in facility.
(3) Where the emission offset project developer converts an
emission offset into a sequestration credit, the sequestration credit
shall not be converted back into an emission offset.
(4) One sequestration credit represents one CO2e tonne.
Capture recognition tonnes
20.2(1) A person responsible for a large emitter or opted-in facility
who holds a sequestration credit may convert the sequestration credit
into a capture recognition tonne.
(2) A sequestration credit must meet the following requirements to
be converted into a capture recognition tonne:
(
a) the carbon dioxide that was geologically sequestered for the
associated emission offset must have been captured at the
large emitter or opted-in facility of the person responsible
who is applying to convert the sequestration credit;
(
b) the geological sequestration must have occurred in 2023 or a
subsequent year.
(3) A conversion under subsection (1) must occur on or before May
31 of the year following the year in which the carbon dioxide was
geologically sequestered.
(4) Where the person responsible converts a sequestration credit into
a capture recognition tonne, the capture recognition tonne shall not
be converted back into a sequestration credit.
(5) One capture recognition tonne represents one CO2e tonne.
Section 22 is amended
(
a) by adding the following after subsection (2):
(2.1) Without limiting subsection (6) or (7), the director may
cancel, or direct the cancellation of, a sequestration credit or
capture recognition tonne serialized on the Alberta Emissions
Offset Registry if, in the opinion of the director,
(
a) the net geological sequestration of carbon dioxide
recognized by the associated emission offset did not
meet the applicable requirements under this Regulation,
(
b) the serialization of the associated emission offset was
based on incorrect, false or inaccurate information, or
(
c) the associated emission offset is otherwise invalid, as
determined in accordance with
Part 1 of the Standard
for Greenhouse Gas Emission Offset Project
Developers.
(
b) by repealing subsections (4) to (7) and substituting
the following:
(4) The director shall give notice of a cancellation or direction
under subsection (2), (2.1) or (3),
(
a) in the case of an emission offset,
(
i) to the administrator of the Alberta Emissions
Offset Registry,
(ii) to the emission offset project developer,
(iii) if the emission offset is held by the person
responsible for a regulated facility or has been
used, as described in subsection (5), by a person
responsible for a regulated facility, to that person
responsible, and
(iv) if the emission offset is held by a person other than
the emission offset project developer or a person
responsible for a regulated facility, to that person,
(
b) in the case of an emission performance credit,
(
i) to the person responsible for the regulated facility
in respect of which the emission performance
credit was issued,
(ii) if the emission performance credit is held by the
person responsible for a different regulated facility
or has been used, as described in subsection (5), by
a person responsible for a different regulated
facility, to that person responsible, and
(iii) if the emission performance credit is held by a
person other than a person responsible for a
regulated facility, to that person,
(
c) in the case of a sequestration credit,
(
i) to the administrator of the Alberta Emissions
Offset Registry,
(ii) to the emission offset project developer of the
associated emission offset,
(iii) if the sequestration credit is held by the person
responsible for a regulated facility or has been
used, as described in subsection (5), by a person
responsible for a regulated facility, to that person
responsible, and
(iv) if the sequestration credit is held by a person other
than the emission offset project developer or a
person responsible for a regulated facility, to that
person,
(
d) in the case of a capture recognition tonne,
(
i) to the administrator of the Alberta Emissions
Offset Registry,
(ii) to the emission offset project developer of the
associated emission offset, and
(iii) if the capture recognition tonne has been used by
the person responsible for a large emitter or
opted-in facility in determining the total regulated
emissions for the large emitter or opted-in facility,
to that person.
(5) If the person responsible for a regulated facility has used an
emission offset, emission performance credit or sequestration
credit that is cancelled under this
section in complying with
section 12 of this Regulation,
section 6(1), (2) or (3) of the
former regulation referred to in subsection (1)(
a) or
section 6(2)
of the former regulation referred to in subsection (1)(b), the
person responsible shall, within 60 days after receiving notice of
the cancellation or direction, do one of the following:
(
a) pay into the Fund an amount equal to the amount the
person responsible would have had to contribute to
obtain one fund credit for the year the emission offset,
emission performance credit or sequestration credit was
used;
(
b) use another emission offset in place of the cancelled
emission offset, emission performance credit or
sequestration credit, but the person responsible may
only do so if the person responsible held the emission
offset at the time the cancelled emission offset, emission
performance credit or sequestration credit was used and
has continued to hold the emission offset since that
time;
(
c) use another emission performance credit held by the
person responsible in place of the cancelled emission
offset, emission performance credit or sequestration
credit, but the person responsible may only do so if the
person responsible held the emission performance credit
at the time the cancelled emission offset, emission
performance credit or sequestration credit was used and
has continued to hold the emission performance credit
since that time;
(
d) use another sequestration credit held by the person
responsible in place of the cancelled emission offset,
emission performance credit or sequestration credit, but
the person responsible may only do so if the person
responsible held the sequestration credit or associated
emission offset at the time the cancelled emission offset,
emission performance credit or sequestration credit was
used and has continued to hold the sequestration credit
since that time.
(5.1) If the person responsible for a large emitter or opted-in
facility has used a capture recognition tonne that is cancelled
under this
section in calculating the total regulated emissions and
the use of the capture recognition tonne has had the effect of
reducing the true-up obligation for the facility, the person
responsible shall, within 60 days after receiving notice of the
cancellation or direction, pay into the Fund an amount equal to
the amount the person responsible would have had to contribute
to obtain one fund credit for the year the capture recognition
tonne was used.
(6) For greater certainty, an emission offset, an emission
performance credit, a sequestration credit or a fund credit is a
revocable licence authorizing the person responsible for a
regulated facility to use the emission offset, emission
performance credit, sequestration credit or fund credit in
determining the net emissions for the regulated facility in
accordance with this Regulation.
(7) Nothing in this Regulation
(
a) ensures or guarantees the availability of emission
offsets, emission performance credits, sequestration
credits or capture recognition tonnes,
(
b) ensures, guarantees or gives a person a right or an
entitlement to an emission offset, emission performance
credit, sequestration credit or capture recognition tonne,
(
c) ensures, guarantees or gives a person a right or an
entitlement to generate an emission offset or to be
issued an emission performance credit,
(
d) ensures, guarantees or gives a person responsible for a
regulated facility a right or an entitlement to use an
emission offset, emission performance credit or
sequestration credit in determining the net emissions for
a regulated facility, or
(
e) ensures, guarantees or gives a person responsible for a
large emitter or opted-in facility a right or an
entitlement to use a capture recognition tonne in
determining the total regulated emissions for a large
emitter or opted-in facility.
Section 25(2) is amended
(
a) by striking out "or" at the end of clause (b);
(
b) by adding the following after clause (b):
(b.1) if a conventional oil and gas facility that is part of the
aggregate facility imports more than 10 000 tonnes of
hydrogen in a year, or
Section 33(
b) is amended
(
a) by striking out "13(5), (6), (7), (8), (9), (10) or (12)" and
substituting "13(3.1), (5), (6), (6.1), (7), (8), (9), (10) or
(12)";
(
b) by striking out "22(5)" and substituting "22(5) or
(5.1)".
Section 34(1) is amended by striking out "$200" and
substituting "$400".
Section 36(6) is repealed.
Section 39 is repealed and the following is substituted:
Review and expiry
39 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
(
a) must be reviewed on or before December 31, 2026, and
(
b) expires on December 31, 2030.
Schedule 2 is amended
(
a) in
section 1(1) by repealing clauses (a), (b), (d), (e),
(f), (i), (j), (
k) and (l);
(
b) by repealing the Table and substituting the
following:
High-performance Benchmark (CO2e tonnes per benchmark unit)
Product
Benchmark
Unit
electricity
megawatt
hour
0.3700
0.3626
0.3552
0.3478
0.3404
0.3330
0.3256
0.3182
0.3108
hydrogen
tonne
9.068
8.993
8.919
8.844
8.769
8.694
8.620
8.545
8.470
industrial
heat
gigajoule
0.06299
0.06173
0.06047
0.05921
0.05795
0.05669
0.05543
0.05417
0.05291
21 This Regulation comes into force on January 1, 2023.
--------------------------------
Alberta Regulation 252/2022
City of Lloydminster Act
THE LLOYDMINSTER CHARTER
AMENDMENT REGULATION
Filed: December 14, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 404/2022)
on December 14, 2022 pursuant to sections 3 and 5 of the City of Lloydminster Act.
1 The Lloydminster Charter (AR 212/2012) is amended by
this Regulation.
Section 1 is amended
(
a) by renumbering it as
section 1(1);
(
b) in subsection (1)
(
i) by adding the following after clause (c):
(c.1) "Alberta Minister's Guideline" means a guideline
(
i) validated by the Alberta Minister by order
under
section 322.1 of the Municipal
Government Act (Alberta), or
(ii) established by the Alberta Minister by order
under
section 322(2) of the Municipal
Government Act (Alberta);
(ii) by repealing clause (
d) and substituting the
following:
(d) "assessor" means the assessor as defined in
section
284(1)(
d) of the Municipal Government Act
(Alberta);
(iii) in clause (
g) by striking out "The Local
Government Election Act (Saskatchewan)" and
substituting "The Local Government Election Act,
2015 (Saskatchewan)";
(iv) by repealing clause (
h) and substituting the
following:
(h) "clerk" means, except as otherwise provided for
the purposes of Parts 9 to 12, the clerk appointed
under
section 150(1) by Council;
(
v) by repealing clause (
o) and substituting the
following:
(o) "Court" means, except as otherwise provided,
(
i) in respect of a matter arising in Alberta, the
Court of King's Bench of Alberta, and
(ii) in respect of a matter arising in
Saskatchewan, the Court of King's Bench for
Saskatchewan;
(vi) by adding the following after clause (t):
(t.1) "former Charter" means
(
i) in respect of Alberta, The Lloydminster
Charter (AR 212/2012) as it read
immediately before the coming into force of
this clause, and
(ii) in respect of Saskatchewan, The Lloydminster
Charter (OC 595/2012) as it read
immediately before the coming into force of
this clause;
(vii) in clause (
u) by striking out "section 5 of The Local
Government Election Act (Saskatchewan)" and
substituting "section 10 of The Local Government
Election Act, 2015 (Saskatchewan)";
(viii) by adding the following after clause (x):
(x.1) "Land and Property Rights Tribunal" means the
Land and Property Rights Tribunal established
under the Land and Property Rights Tribunal Act
(Alberta);
(ix) by repealing clause (y);
(
x) by repealing clause (aa)(ii) and (iii) and
substituting the following:
(ii) a regional health authority under the Regional
Health Authorities Act (Alberta) or the provincial
health authority under The Provincial Health
Authority Act (Saskatchewan),
(iii) the board of trustees of a school division as
defined in the Education Act (Alberta), or
(xi) in clause (bb) by striking out "as defined in
section
228(1)(y)" and substituting "as defined in
section
284(1)(
r) of the Municipal Government Act (Alberta)";
(xii) by repealing clause (ff);
(xiii) in clause (ii) by striking out "The
Interpretation
Act, 1995 (Saskatchewan)" and substituting "The
Legislation Act (Saskatchewan)";
(xiv) in clause (mm) by adding ", except as otherwise
provided," after "means";
(xv) by adding the following after clause (mm):
(mm.1) "private interest" does not include an interest in a
decision
(
i) that is of general public application, or
(ii) that affects a person as one of a broad class of
persons;
(xvi) by adding the following after clause (nn):
(nn.1) "provincial assessor" means the provincial
assessor designated under
section 284.1(1) of the
Municipal Government Act (Alberta);
(xvii) in clause (uu) by striking out "The Government
Organization Act (Saskatchewan)" and substituting
"The Executive Government Administration Act
(Saskatchewan)";
(xviii) in clause (vv) by striking out "and" at the end of
subclause (vi) and by adding the following after
subclause (vii):
(viii) a clean energy improvement tax, and
(ix) a community aggregate payment levy;
(xix) by repealing clause (xx);
(
c) by adding the following after subsection (1):
(2) For the purposes of and subject to Parts 9, 11 and 12 of this
Charter and for the purposes of the regulations under Parts 9 to
12 to the extent that they operate as approved enactments under
this Charter, the Municipal Government Act (Alberta) and the
Land and Property Rights Tribunal Act (Alberta):
(
a) a reference to "council", unless the context indicates
otherwise, means Council as defined in subsection
(1)(m);
(
b) a reference to "Court" or "Court of King's Bench"
means Court as defined in subsection (1)(o);
(c) "Crown" or "Crown in right of Alberta", unless the
context indicates otherwise, means the Crown in right of
Alberta or Saskatchewan, and
(
i) when used in respect of Alberta, includes a
Provincial agency as defined in the Financial
Administration Act (Alberta),
(ii) when used in respect of Saskatchewan, includes a
public agency as defined in The Financial
Administration Act, 1993 (Saskatchewan), and
(iii) includes an agent of the Crown in right of Alberta
or Saskatchewan, as the case may be;
(
d) a reference to "Minister", unless the context indicates
otherwise, means Alberta Minister as defined in
subsection (1)(c);
(
e) a reference to "municipality", unless the context
indicates otherwise, means the City as defined in the
Act;
(
f) a reference to a "Part" or a "Division" of a Part
(
i) in Parts 9, 11 and 12 of the Municipal Government
Act (Alberta) is, unless otherwise specified, to be
interpreted as a reference to this Charter, and
(ii) in the Land and Property Rights Tribunal Act
(Alberta) is to be interpreted in accordance with
Part 12 and
Schedule 4, Division 2;
(
g) a reference to The Lloydminster Charter means, unless
the context indicates otherwise,
(
i) in respect of Alberta, The Lloydminster Charter
(AR 212/2012), and
(ii) in respect of Saskatchewan, The Lloydminster
Charter (OC 595/2012).
(3) To the extent that they operate as approved enactments under
this Charter, regulations made under Parts 9 to 12 of the
Municipal Government Act (Alberta) are, with respect to a
reference specified in Column 1 of
Schedule 1, to be modified as
detailed in Column 2 of
Schedule 1.
(4) For the purposes of this Charter,
(
a) a declaration that "all regulations" made under another
enactment are approved enactments means that all such
regulations, existing or future and as amended from
time to time, are approved enactments,
(
b) a declaration that "all of the Alberta Minister's
Guidelines" made under another enactment are
approved enactments means that all such guidelines,
existing or future and as amended from time to time, are
declared to be approved enactments,
(
c) a declaration that an enactment is an approved
enactment means that the enactment as amended or
replaced from time to time, in whole or in part, is an
approved enactment,
(
d) a citation of or reference to an enactment is to be
interpreted as a citation of or reference to the enactment
as amended or replaced, in whole or in part, from time
to time,
(
e) a citation of or a reference to the Land and Property
Rights Tribunal Act (Alberta) is to be interpreted as a
citation of or reference to the Land and Property Rights
Tribunal Act (Alberta) as adopted and as modified by
this Charter,
(
f) a citation of or a reference to the Municipal Government
Act (Alberta) or any Part, Division or provision of the
Municipal Government Act (Alberta) that is
incorporated by reference or declared to be an approved
enactment under this Charter is to be interpreted as a
citation of or reference to the Municipal Government
Act (Alberta), Part, Division or provision as adopted and
as modified by this Charter, and
(
g) a citation of or reference to a regulation made under the
Municipal Government Act (Alberta) that is
incorporated by reference or declared to be an approved
enactment under this Charter, or a citation of or
reference to any provision of the regulation, is to be
interpreted as a citation of or reference to the regulation
or provision as adopted and as modified by this Charter.
Section 4(2)(
b) is amended by striking out "and" at the
end of subclause (ii), by adding "and" at the end of
subclause (iii) and by adding the following after subclause
(iii):
(iv) to address any other matters arising due to differences or
conflicts between the legislation applicable to municipal
governance in Alberta and Saskatchewan, respectively;
4 The following is added after
section 4:
Non-application of Charter
4.1(1) For greater certainty,
(
a) this Charter does not apply to any issue or matter outside the
scope established by
section 4(2) and
(i)
section 3(3) of the City of Lloydminster Act (Alberta),
and
(ii)
section 4(3) of The City of Lloydminster Act
(Saskatchewan),
and
(
b) nothing in this Charter prevents the City from participating in
government benefits, programs or services or from receiving
benefits or services or being party to an agreement.
(2) Agreements referred to in subsection (1)(
b) may be published on
the City's website within 30 days from the date of the agreement.
Section 7 is amended
(
a) in subsection (1) by striking out "(2) and (3)" and
substituting "(1.1) to (5)";
(
b) by adding the following after subsection (1):
(1.1) Subject to
Part 9,
Part 9 of the Municipal Government Act
(Alberta), all regulations made under
Part 9 of that Act and all of
the Alberta Minister's Guidelines made under
Part 9 of that Act
are declared to be approved enactments and to apply to the whole
City.
(1.2) Subject to
Part 10, with the exception of regulations made
under sections 381 and 381.5 of the Municipal Government Act
(Alberta), all regulations made under
Part 10 of the Municipal
Government Act (Alberta) are declared to be approved
enactments and to apply to the whole City.
(1.3) Subject to
Part 11,
Part 11 of the Municipal Government
Act (Alberta) and all regulations made under
Part 11 of that Act
are declared to be approved enactments and to apply to the whole
City.
(1.4) Subject to
Part 12,
(
a) Part 12 of the Municipal Government Act (Alberta) and
all regulations made under
Part 12 of that Act are
declared to be approved enactments and to apply to the
whole City, and
(
b) the Land and Property Rights Tribunal Act (Alberta)
and all regulations made under that Act are declared to
be approved enactments and to apply to the whole City
in accordance with Parts 12 and 15.1 of the Municipal
Government Act (Alberta).
(1.5) Subject to
section 69.1,
Part 15.1 of the Municipal
Government Act (Alberta) and all regulations made under that Part
are declared to be approved enactments and to apply to the whole
City.
(
c) by repealing subsection (3) and substituting the
following:
(3) Subject to
section 69.2,
Part 17.2 of the Municipal
Government Act (Alberta) and all regulations made under that
Part are declared to be approved enactments and to apply to the
whole City.
(4) Part V.1 of The Cities Regulations (Saskatchewan) is
declared to be an approved enactment for the purpose of public
reporting on municipal waterworks and to apply to the whole
City.
(5) For greater certainty, regulations incorporated into this
Charter by sections 15.1, 29(2), 185(1), 227.1(7) and 358 are
declared to be approved enactments and to apply to the whole
City as specified.
Section 8 is amended
(
a) in subsection (3)
(
i) by repealing clause (
e) and substituting the
following:
(
e) The Water Security Agency Act;
(ii) by adding the following after clause (e):
(e.1) The Waterworks and Sewage Works Regulations;
(iii) by repealing clause (
f) and substituting the
following:
(
f) notwithstanding the Freedom of Information and
Protection of Privacy Act (Alberta), and subject to
subsection (4), The Local Authority Freedom of
Information and Protection of Privacy Act
(Saskatchewan);
(
b) by adding the following after subsection (3):
(4) For Parts 9 to 12, Parts 9, 11 and 12 of the Municipal
Government Act as designated under
section 7(1.1), (1.3) and
(1.4), and the applicable regulations,
(a) subsection (3)(
f) does not apply,
(
b) the Freedom of Information and Protection of Privacy
Act (Alberta) is declared to be an approved enactment
and to apply to the whole City, and
(
c) The Local Authority Freedom of Information and
Protection of Privacy Act (Saskatchewan) is declared to
cease to operate in every part of the City.
7 The following is added after
section 11:
Ongoing review
11.1(1) The Ministers shall, within 5 years of January 1, 2023, and
every 5 years thereafter, review the provisions and operation of this
Charter.
(2) The Ministers shall
(
a) notify the City when the review begins, and
(
b) provide the City with contact information for the purposes of
the review.
(3) The City may provide any information that the City considers
relevant for the purposes of the review in accordance with subsection
(2)(b).
Section 12(2)(
d) is repealed and the following is
substituted:
(
d) to foster economic development and social well-being;
(d.1) to foster environmental sustainability and well-being;
Section 15 is amended
(
a) by adding the following after subsection (2)(j):
(
k) requiring dispute resolution or mediation before
(
i) an owner or occupant appeals an order to remedy
bylaw contraventions, or
(ii) the City remedies contraventions of bylaws;
(
l) providing for the sending of notices of contravention of
bylaws, including parking offences, by ordinary mail,
email or other means and determining the addresses to
which notices are to be sent.
(
b) by adding the following after subsection (3)(c):
(c.1) establish, by bylaws adopted by the council of 2 or more
participating municipalities, an intermunicipal business
licensing program;
10 The following is added after
section 15:
Intermunicipal business licensing
program regulations
15.1 All regulations made under
section 8(3) of the Municipal
Government Act (Alberta) are declared to be approved enactments
and to apply to the whole City.
Section 18 is amended
(
a) in subsection (6) by striking out "Land Compensation
Board" and substituting "Land and Property Rights
Tribunal";
(
b) by repealing subsection (7) and substituting the
following:
(7) On an application under subsection (6), the Land and
Property Rights Tribunal may direct the City to expropriate the
whole of the parcel of land if, in the Tribunal's opinion, the
expropriation of a part of the parcel would be unfair to the owner
of the parcel.
Section 23(1)(
b) and (2)(
b) are amended by striking out
"and Infrastructure".
13 The following is added after
section 26:
Public reporting on City waterworks
26.1 The City must submit public reports on municipal waterworks
pursuant to
Part V.1 of The Cities Regulations (Saskatchewan).
Section 29(2) is amended by striking out "made under the
Municipal Government Act (Alberta) is incorporated into this Charter"
and substituting "is declared to be an approved enactment and to
apply to the whole City".
Section 53 is amended
(
a) in subsections (3)(
a) and (4)(
a) by striking out "and
its regulations apply to the whole City in respect of those
services and are declared to be approved enactments" and
substituting "and all regulations made under that Act are
declared to be approved enactments and to apply to the whole
City in respect of those services";
(
b) by adding the following after subsection (4):
(5) Notwithstanding any agreement under subsection (2),
nothing prevents the City from entering into an agreement with
the Government of Alberta or the Government of Saskatchewan
for the provision of police services and funding.
Section 54(2) is amended
(
a) in clause (
a) by striking out "and its regulations apply to
the whole City in respect of the services provided and are
declared to be approved enactments" and substituting
"and all regulations made under that Act are declared to be
approved enactments and to apply to the whole City in
respect of the services provided";
(
b) by striking out "and" at the end of clause (a), by
adding "and" at the end of clause (
b) and by adding
the following after clause (b):
(
c) the Police Officers Collective Bargaining Act (Alberta)
and all regulations made under that Act are declared to
be approved enactments and to apply to the whole City
to the extent required to give effect to this clause.
Section 55(2) is repealed and the following is
substituted:
(2) If peace officers are appointed as provided for in subsection (1),
the Peace Officer Act (Alberta) and all regulations made under that
Act are declared to be approved enactments and to apply to the
whole City in respect of the peace officers to the extent required to
give effect to this clause.
18 The following is added after the heading to
Part 2,
Division 7:
Definition
55.1 In this Division, "revised bylaw" means a bylaw that has been
revised under
section
Section 57 is amended
(
a) in subsection (1) by adding "in accordance with this
section" after "City's bylaws";
(
b) by repealing subsection (2) and substituting the
following:
(2) A bylaw under this
section may
(
a) omit and provide for the repeal of a bylaw or a
provision of a bylaw that is inoperative, obsolete,
expired, spent or otherwise ineffective;
(
b) omit, without providing for its repeal, a bylaw or a
provision of a bylaw that is of a transitional nature or
that refers only to a particular place, person or thing or
that has no general application throughout the City;
(
c) combine 2 or more bylaws into one bylaw, divide a
bylaw into 2 or more bylaws, move provisions from one
bylaw to another bylaw and create a bylaw from
provisions of one or more other bylaws;
(
d) alter the citation and title of a bylaw and the numbering
and arrangement of its provisions, and add, change or
omit a note, heading, title, marginal note, diagram or
example of a bylaw;
(
e) omit the
preamble and
long title of a bylaw;
(
f) omit forms or other material contained in a bylaw that
can more conveniently be contained in a resolution, and
add authority for the forms or other material to be
prescribed by resolution;
(
g) make changes, without materially affecting the bylaw in
principle or substance,
(
i) to correct clerical, technical, grammatical or
typographical errors in a bylaw,
(ii) to bring out more clearly the meaning of a bylaw,
(iii) to improve the expression of the bylaw.
(3) The title of a revised bylaw must include the words "revised
bylaw".
(4) A bylaw under this
section must not be given first reading
until after the clerk has certified in writing that the proposed
revisions were prepared in accordance with this section.
Section 58 is repealed.
Section 59 is repealed and the following is substituted:
Requirements relating to revised bylaws
59 A bylaw made in accordance with
section 57 and the resulting
revised bylaw are deemed to have been made in accordance with all
the other requirements of this Charter respecting the passing and
approval of those bylaws, including any requirements for advertising
and public hearings.
Section 60(1) is amended by striking out "the revised
bylaws substituted for the previous bylaws, if" and substituting "the
revised bylaws that replace provisions of the previous bylaws, when".
Section 61 is repealed and the following is substituted:
References to repealed bylaws
61 A reference in a bylaw, enactment or document to a bylaw that
has been revised under
section 57 or to a provision of a bylaw that
has been revised under
section 57, in respect of any transaction,
matter or thing occurring after the revised bylaw or provision comes
into force, is to be considered a reference to the revised bylaw or
provision.
Section 62 is repealed.
Section 63(
b) is amended by adding "or Metis settlement"
after "Indian band" wherever it occurs.
26 The following is added after
section 69:
Regional services commission
69.1(1) The City may establish a regional services commission
with one or more municipalities located in Alberta in accordance
with
Part 15.1 of the Municipal Government Act (Alberta).
(2) For the purposes of this Charter,
Part 15.1 of the Municipal
Government Act (Alberta) is to be interpreted as follows:
(a) "Minister" means the Alberta Minister as defined in
section
1(1)(c);
(b) "municipal authority" includes the City;
(c) "municipality" means an Alberta municipality and includes
the City.
(3) For the purposes of
section 7(1.5),
(
a) a reference in
Part 15.1 of the Municipal Government Act
(Alberta) specified in Column 1 of
Schedule 5 is to be
modified as detailed in Column 2 of
Schedule 5, and
(
b) a reference to The Lloydminster Charter in
Schedule 5
means,
(
i) in respect of Alberta, The Lloydminster Charter
(AR 212/2012), and
(ii) in respect of Saskatchewan, The Lloydminster Charter
(OC 595/2012).
Intermunicipal collaboration framework
69.2(1) The City must create an intermunicipal collaboration
framework with those Alberta municipalities with which the City has
common boundaries in Alberta in accordance with
Part 17.2 of the
Municipal Government Act (Alberta).
(2) For the purposes of this Charter,
(
a) the April 1, 2020, deadline referred to in sections 708.28(1)
and 708.36(1)(
a) of the Municipal Government Act (Alberta)
is modified to read May 1, 2024, and
(
b) the reference to "this Part and Parts 1, 2, 3, 5, 6, 7, 8 or 17" in
section 708.51 of the Municipal Government Act (Alberta) is
to be interpreted as a reference to "this Part,
Part 17 of the
Municipal Government Act (Alberta) and Parts 1, 2, 3, 5, 6, 7
and 8 of the Charter".
(3) For the purposes of this Charter,
Part 17.2 of the Municipal
Government Act (Alberta) is to be interpreted as follows:
(a) "Minister" means the Alberta Minister as defined in
section
1(1)(c);
(b) "municipality" means an Alberta municipality and includes
the City.
(4) Where the Alberta Minister exercises any of the Minister's
powers under
Part 17.2 of the Municipal Government Act (Alberta),
the Alberta Minister must, as soon as practicable, provide notice in
writing to the Saskatchewan Minister of the powers that were
exercised.
Section 72 is amended
(
a) by repealing subsection (1);
(
b) by repealing subsection (4) and substituting the
following:
(4) If the territory proposed to be annexed to the City is located
in Alberta, the process to be followed is the process pursuant to
the Municipal Government Act (Alberta).
(5) If the territory proposed to be annexed to the City is located
in Saskatchewan, the process to be followed is the process
pursuant to The Cities Act (Saskatchewan).
Section 76 is repealed and the following is substituted:
The Education Act, 1995 (Saskatchewan) applies
76 For the purposes of the school divisions referred to in
section 78, The Education Act, 1995 (Saskatchewan), The Education
Property Tax Act (Saskatchewan) and all regulations made under
those Acts are declared to be approved enactments and to apply to
the whole City and the outlying areas referred to in that section.
Section 77 is repealed and the following is substituted:
Education Act (Alberta) does not apply
77 For the purposes of the school divisions referred to in
section
78, the Education Act (Alberta) and the regulations made under that
Act are declared to cease to operate with respect to the part of the
City located in Alberta, except for the purposes of applying the rates
established under that Act to determine the amount of Alberta's
education property tax requisition under sections 84 and 303.
Section 81(1) is repealed and the following is
substituted:
Program of studies
81(1) In this section,
section 82 and
section 83, "Minister" means
the minister to whom the administration of The Education Act, 1995
(Saskatchewan) is assigned under The Executive Government
Administration Act (Saskatchewan).
Section 82 is amended by renumbering it as
section
82(1) and by adding the following after subsection (1):
(2) Notwithstanding subsection (1), the Minister and the Minister
responsible for the Education Act (Alberta) pursuant to the
Government Organization Act (Alberta) may enter into an agreement
for the purpose of determining the amount of school funding.
(3) The agreement under subsection (2) may include the following:
(
a) the funding calculation used for the Lloydminster Public
School Division and the Lloydminster Roman Catholic
Separate School Division;
(
b) the calculation of each province's share of funding;
(
c) payment arrangements for school funding;
(
d) any other matter regarding school funding that is considered
appropriate by both Ministers referred to in subsection
(2) regarding school funding.
(4) A copy of this agreement must be filed with the Ministers
referred to in subsection (2).
Section 83 is amended by adding the following after
subsection (3):
(3.1) The Minister and the Minister to whom the administration of
the Education Act (Alberta) is assigned under the Government
Organization Act (Alberta) may enter into an agreement for any
purpose consistent with this section.
Section 84 is amended
(
a) in subsection (1) by striking out "established under the
School Act (Alberta)" and substituting "continued under
the Education Act (Alberta)";
(
b) by repealing subsection (2) and substituting the
following:
(2) All undeclared assessments must be allocated to the
Lloydminster Public School Division and the Lloydminster
Roman Catholic Separate School Division in accordance with
Part 6 of the Education Act (Alberta).
Section 85 is amended
(
a) in subsection (1) by striking out "The Local
Government Election Act (Saskatchewan)" and
substituting "The Local Government Election Act, 2015
(Saskatchewan)";
(
b) in subsection (2) by striking out "section 23(2) of The
Local Government Election Act (Saskatchewan)" and
substituting "section 36(2) of The Local Government
Election Act, 2015 (Saskatchewan)".
Section 88 is repealed and the following is substituted:
Council committees and bodies
88 Council may establish committees and other bodies and define
their functions.
Procedures at meetings
88.1(1) Council shall, by bylaw, establish general procedures to be
followed in conducting business at Council meetings.
(2) Without limiting the matters that may be addressed in a bylaw
passed pursuant to subsection (1), the bylaw must include
(
a) rules for the conduct of members of Council,
(
b) rules regarding the confidentiality, transparency, openness
discussed by or presented to Council,
(
c) rules respecting delegations, presentations and submissions,
(
d) the days, times and places of regularly scheduled meetings
and the procedures for amending those days, times and
places,
(
e) the procedures for calling a special meeting of Council under
section 126, including designating a person to call a special
meeting if the position of clerk is vacant or the clerk is
unable to act,
(
f) rules and procedures respecting the closing of all or part of a
meeting, and
(
g) the procedure for appointing a person as Deputy Mayor or
Acting Mayor pursuant to
section 101.
(3) A bylaw passed pursuant to subsection (1) may include any
other matter specified by Council.
(4) Council shall give public notice of any bylaw that is to be
introduced, amended, repealed or passed pursuant to subsection (1).
(5) Council shall, by bylaw, set out the requirements for the public
notice required under subsection (4), which must include the minimum
notice requirements and the methods of notice to be followed.
(6) Council shall ensure that all Council committees, controlled
corporations and other bodies established by Council have publicly
available written procedures for conducting business at meetings.
(7) Council shall adopt or amend the bylaws as required by this
section within 60 days after the coming into force of this section.
Section 90(2) is repealed.
Section 94 is amended by adding the following after
subsection (4):
(5) Notwithstanding
section 1(1)(mm), a municipal wards
commission may authorize the use of population data other than the
latest census taken pursuant to the Statistics Act (Canada) for the
purposes of determining ward boundaries and must provide its
reasons in the report filed pursuant to
section 96(2)(a).
Section 96( 1)(b)(iii) is amended by striking out "section
18 of The Local Government Election Act (Saskatchewan)" and
substituting "section 25 of The Local Government Election Act,
2015 (Saskatchewan)".
39 Sections 98 to 100 are repealed and the following is
substituted:
The Local Government Election Act, 2015
(Saskatchewan) applies
98 Subject to the provisions of
section 100, The Local Government
Election Act, 2015 (Saskatchewan) and all regulations made under
that Act are declared to be approved enactments and to apply to the
whole City and the outlying areas referred to in
section 78.
Local Authorities Election Act (Alberta) does not apply
99 The Local Authorities Election Act (Alberta) and the regulations
made under that Act are declared to cease to operate in any part of
the City.
Application of The Local Government Election Act, 2015
(Saskatchewan)
100(1) The councillors and the Mayor are to be elected in
accordance with The Local Government Election Act, 2015
(Saskatchewan).
(2) For the purposes of this Charter, any reference in The Local
Government Election Act, 2015 (Saskatchewan) or its regulations
(
a) to Saskatchewan is to be interpreted as including a reference
to Alberta, and
(
b) to a city is to be interpreted as a reference to the City.
(3) If a form is prescribed by The Local Government Election Act,
2015 (Saskatchewan) or by a regulation made under that Act,
Council may modify the form or may prescribe the use of a different
form if the modified or substituted form does not change the
substance of the form prescribed by that Act or regulation.
(4) If there is an inconsistency between The Local Government
Election Act, 2015 (Saskatchewan) or any of its regulations and this
Charter, the provisions of this Charter prevail.
Section 102(
e) is amended by adding ", subject to the
bylaws made pursuant to
section 88.1," before "to keep in
confidence".
Section 105 is repealed and the following is
substituted:
Code of ethics
105(1) Council shall, by bylaw, adopt a code of ethics that applies
to all members of Council.
(2) The code of ethics must define the standards and values that
Council expects members of Council to comply with in their
dealings with each other, employees of the City and the public.
(3) No member of Council shall fail to comply with the code of
ethics adopted by the Council.
(4) Compliance with the code of ethics does not relieve a member of
Council from complying with the other requirements of this Charter
or any approved enactments.
(5) The code of ethics adopted pursuant to subsection (1) must
(
a) include the model code of ethics as set out in The Cities
Regulations (Saskatchewan),
(
b) comply with any prescribed requirements regarding adoption,
(Saskatchewan), and
(
c) set out the process for dealing with contraventions of the
code of ethics.
(6) In addition to the matters set out in subsection (5), the code of
ethics may include
(
a) codes of ethics for members of committees, controlled
corporations and other bodies established by Council who are
not members of Council,
(
b) rules regarding the censure or suspension of a member of
Council who has contravened the code of ethics,
(
c) policies, rules and guidelines regarding a member of Council
accepting gifts or other benefits in connection with that
member's holding of office, and
(
d) any other statements of ethics and standards determined to be
appropriate by Council.
(7) Council must adopt its first bylaw under this
section within 120
days after this
section comes into force.
Failure to adopt code of ethics
105.1 Until Council adopts its first bylaw under
section 105 or if
Council fails to adopt a code of ethics in accordance with this
Charter, the prescribed model code of ethics referred to in
section
105(5)(
a) is deemed to have been adopted by Council as the code of
ethics.
Oath or affirmation
105.2(1) Every member of Council shall, before carrying out any
power, duty or function of that member's office, take an official oath
or affirmation as set out in The Cities Regulations (Saskatchewan)
with any necessary modification.
(2) The official oath or affirmation referred to in subsection (1) must
include statements declaring that the member of Council
(
a) is qualified to hold the office to which that member has been
elected,
(
b) has not received and will not receive any payment or reward
or promise of payment or reward for the exercise of any
corrupt practice or other undue execution or influence of that
member's office,
(
c) has read and understands the code of ethics, rules of conduct
and procedures applicable to the member's office imposed by
this Charter, the Act and any other Act and by Council, and
(
d) promises to
(
i) perform the duties of office imposed by this Charter, the
Act and any other Act or law and by Council,
(ii) disclose any conflict of interest within the meaning of
Part 5 of this Charter, and
(iii) comply with the code of ethics, rules of conduct and
procedures applicable to the member's office imposed
by this Charter, the Act and any other Act and by
Council.
(3) Every member of Council holding office on the day before the
coming into force of this
section shall take the official oath or
affirmation in the prescribed form within 30 days after Council's
adoption or amendment of the code of ethics, rules of conduct and
procedures applicable to the member's office imposed by this
Charter, the Act and any other Act and by Council.
Section 121 is amended by adding the following after
subsection (2):
(3) Subsection (2) does not apply to a revision or repeal under
section
Section 123 is amended
(
a) in subsection (1) by striking out "(2) and (3)" and
substituting "(2) to (3)";
(
b) by repealing subsection (2) and substituting the
following:
(2) Council and Council committees may close all or part of
their meetings to the public if the matter to be discussed is within
one of the exemptions in
Part III of The Local Authority
Freedom of Information and Protection of Privacy Act
(Saskatchewan).
(2.1) Before closing all or any part of a meeting to the public,
Council or a Council committee must, by resolution, approve
(
a) the part of the meeting that is to be closed, and
(
b) the basis on which, under an exception to disclosure in
Part III of The Local Authority Freedom of Information
and Protection of Privacy Act (Saskatchewan), the part
of the meeting is to be closed.
(2.2) After the closed meeting discussions are completed, any
members of the public who are present outside the meeting room
must be notified that the rest of the meeting is now open to the
public, and a reasonable amount of time must be given for those
members of the public to return to the meeting before it
continues.
(2.3) Where Council or a Council committee closes all or part of
a meeting to the public, the Council or Council committee may
allow one or more other persons to attend, as it considers
appropriate.
Section 127(2) is amended by striking out "is given in the
manner specified by Council, by bylaw, as the means by which public
notice is to be given in such cases" and substituting "is posted at
the City's office or on the City's website or given in any other manner
specified by Council, by bylaw, as the means by which public notice in
such cases is to be provided".
45 The heading to
Part 5, Division 8 is repealed and the
following is substituted:
Division 8
Conflicts of Interest of Members of Council
Section 130 is amended
(
a) by repealing clause (
a) and substituting the
following:
(a) "closely connected person" means an agent, business
partner, family or employer of a member of Council;
(
b) by adding the following after clause (b):
(b.1) "Council, Council committee, controlled corporation or
other body" includes any committee or subcommittee,
and any board, agency or commission, appeal board or
other body, on which a member of Council serves in
that member's capacity as a member of Council;
(
c) by repealing clause (
c) and substituting the
following:
(c) "family" means the spouse and dependent children of a
member of Council;
(
d) by adding the following after clause (c):
(c.1) "meeting" includes any regular, special, emergency or
other meeting of Council, or of a Council committee,
controlled corporation or other body, whether formal or
informal;
(
e) by repealing clause (e)(
i) and (ii) and substituting
the following:
(
i) the legally married spouse of a person, with whom the
person is cohabiting, or
(ii) a person who has cohabited with another person as
spouses continuously for a period of not less than 2
years, and
47 The following is added after
section 130:
Conflict of interest
130.1(1) A member of Council has a conflict of interest if the
member makes a decision or participates in making a decision in the
execution of that member's office and at the same time knows or
ought reasonably to know that in the making of the decision there is
the opportunity to further that member's private interests or to
improperly further another person's private interests.
(2) A financial interest as described in
section 131 always
constitutes a conflict of interest.
(3) Nothing in this
Part is to be interpreted as affecting any other
rights given by, or the application of other requirements, duties or
responsibilities imposed by, any other Act or law in relation to the
matters covered by this Part.
Section 131 is amended
(
a) by repealing subsection (1) and substituting the
following:
Financial interest
131(1) Subject to subsection (2), a member of Council has a
financial interest in a matter if
(
a) the member or someone in the member's family has a
controlling interest in, or is a director or senior officer
of, a corporation that could make a financial profit from
or be adversely affected financially by a decision of
Council, or of a Council committee, controlled
corporation or other body, or
(
b) the member or a closely connected person could make a
financial profit from or be adversely affected financially
by a decision of Council, or of a Council committee,
controlled corporation or other body.
(
b) in subsection (2)
(
i) in the portion preceding clause (
a) by striking
out "pecuniary interest" and substituting "financial
interest";
(ii) by repealing clause (
f) and substituting the
following:
(
f) that someone in the member's family may have by
reason of having an employer, other than the City,
that is monetarily affected by a decision of the
City,
49 Sections 132 to 134 are repealed and the following is
substituted:
Public disclosure statement
132(1) Every member of Council shall file a public disclosure
statement with the clerk in the form provided by Council
(
a) within 30 days after this
section comes into force, and
(
b) within 30 days after being elected.
(2) A public disclosure statement required pursuant to subsection
(1) must contain the following:
(
a) the name of
(
i) every employer, person, corporation, organization,
association or other body from which the member of
Council or someone in the member's family receives
remuneration for services performed as an employee,
director, manager, operator, contractor or agent,
(ii) each corporation in which the member or someone in
the member's family has a controlling interest, or of
which the member or someone in the member's family
is a director or a senior officer,
(iii) each partnership or firm of which the member of
Council or someone in the member's family is a
member, and
(iv) any corporation, enterprise, firm, partnership,
organization, association or body that the member of
Council or someone in the member's family directs,
manages, operates or is otherwise involved in that
(
A) transacts business with the City, or
(
B) Council considers necessary or appropriate to
disclose;
(
b) the municipal address or legal description of any property
located in the City or an adjoining municipality that is owned
(
i) the member of Council or someone in the member's
family, or
(ii) a corporation, incorporated or continued pursuant to the
Business Corporations Act (Alberta), The Business
Corporations Act (Saskatchewan), The Business
Corporations Act, 2021 (Saskatchewan) or the Canada
Business Corporations Act (Canada), of which the
member or someone in the member's family is a
director or senior officer or in which the member or
someone in the member's family has a controlling
interest;
(
c) the general nature and any material details of any contract or
agreement involving the member of Council or someone in
the member's family that could reasonably be perceived to be
affected by a decision, recommendation or action of Council
and to affect the member's impartiality in the exercise of the
member's office.
(3) Every member of Council who has previously filed a public
disclosure statement pursuant to subsection (1) shall annually submit
a declaration that
(
a) declares that no material change has occurred since the last
public disclosure statement was filed pursuant to this section,
(
b) details the material changes that have occurred since the last
public disclosure statement was filed pursuant to this section.
(4) The annual declaration required pursuant to subsection (3) must
be submitted on or before November 30 in each year.
(5) The clerk shall
(
a) note any change reported pursuant to subsection (3)(
b) on the
member's public disclosure statement and the date on which
the change was noted,
(
b) make each public disclosure statement filed pursuant to
subsection (1) and each declaration submitted pursuant to
subsection (3) available for public inspection during normal
business hours, and
(
c) if directed to do so by Council, give copies of the statements
to any designated officials.
(6) Notwithstanding subsection (3), a member of Council is subject
to an ongoing duty of disclosure and is required to submit to the
clerk within the stated period a written amendment to the member's
public disclosure statement in any of the following circumstances:
(
a) if the member declares a conflict of interest, as soon as is
practicable after the declaration;
(
b) if there is a material change to the information detailed in the
disclosure statement, within 30 days after the material
change;
(
c) if there is a recognition by the member or another person of
an error or omission, as soon as is practicable after the error
or omission is recognized.
Declaration of conflict of interest
133(1) If a member of Council has a conflict of interest in a matter
before Council, or a Council committee, controlled corporation or
other body, the member shall, if present,
(
a) before any consideration or discussion of the matter, declare
that the member has a conflict of interest,
(
b) disclose the general nature of the conflict of interest and any
material details that could reasonably be perceived to affect
the member's impartiality in the exercise of the member's
office,
(
c) abstain from voting on any question, decision,
recommendation or other action to be taken relating to the
matter,
(
d) subject to subsection (4), refrain from participating in any
discussion relating to the matter, and
(
e) subject to subsections (3) and (4), leave the room in which
the meeting is being held until discussion and voting on the
matter are concluded.
(2) No member of Council shall attempt in any way, whether before,
during or after the meeting, to influence the discussion or voting on
any question, decision, recommendation or other action to be taken
involving a matter in which the member of Council has a conflict of
interest.
(3) If the matter with respect to which a member of Council has a
conflict of interest is the payment of an account for which funds
have previously been committed and the payment is the amount
previously approved, the member shall comply with subsection
(1)(
a) to (d), but it is not necessary for the member to leave the
room.
(4) If the matter in respect of which a member of Council has a
conflict of interest is a question on which, pursuant to this Charter or
another enactment, the member, as a taxpayer, elector or owner, has
a right to be heard by Council
(
a) the member must leave the member's place at the Council
table, but is not required to leave the room, and
(
b) the member may exercise a right to be heard in the same
manner as a person who is not a member of Council.
(5) Every declaration of a conflict of interest made pursuant to
subsection (1) and the general nature and material details of the
declaration and any abstention or withdrawal must be recorded in the
minutes of the meeting.
(6) On a declaration in accordance with subsection (1)(a), the person
presiding at the meeting with respect to the matter shall ensure that
the other requirements of this
section are followed with respect to the
member of Council.
Absence from meeting and ongoing disclosure
133.1(1) If a conflict of interest in a matter has not been disclosed
as required by
section 133 due to the absence of the member of
Council from the meeting referred to in that section, the member
shall
(
a) disclose the conflict of interest at the next meeting of
Council, or of a Council committee, controlled corporation or
other body, that the member attends, and
(
b) otherwise comply with the requirements of that section.
(2) A member of Council who has disclosed a conflict of interest as
required by subsection (1)(
a) shall
(
a) declare and disclose the conflict of interest at every meeting
of Council, or of a Council committee, controlled corporation
or other body, at which the member is present and the matter
is discussed or considered, and
(
b) comply with
section 133.
Restrictions on influence and use of office
133.2 A member of Council shall not use that member's office to
seek to influence a decision made by another person to further the
member of Council's private interests or to improperly further
another person's private interests.
Effect of conflict of interest on quorum
134(1) Any member of Council who declares a conflict of interest
pursuant to
section 133 is not to be counted for the purpose of
determining whether a quorum of Council is present when the
question or matter is put to a vote.
(2) If the number of members of Council declaring a conflict of
interest on a matter pursuant to
section 133 results in a loss of
quorum at a meeting in respect of the question or matter, the
remaining number of members is deemed to be a quorum for that
question or matter, unless that number is less than 2.
(3) If all, or all but one, of the members of Council have declared a
conflict of interest in a matter pursuant to
section 133, Council may,
by resolution, apply ex parte to the Court of King's Bench for
Saskatchewan for an order authorizing Council to give consideration
to, discuss and vote on that question or matter.
(4) On an application brought pursuant to subsection (3), the Court
of King's Bench for Saskatchewan may issue an order declaring that
section 133 does not apply to all or any of the members of Council in
respect of the question or matter in relation to which the application
is brought.
(5) If the Court issues an order pursuant to subsection (4), Council
may give consideration to, discuss and vote on the question or matter
as if those members had no conflict of interest in the question or
matter, subject to any conditions and directions that the Court of
King's Bench for Saskatchewan may state in the order.
Section 135 is repealed.
51 The following is added before
section 136:
Definition
135.1 In this Division, "Court" means the Court of King's Bench
for Saskatchewan.
Section 136 is amended
(
a) in subsection (1)
(
i) in clause (
a) by striking out "The Local
Government Election Act (Saskatchewan)" and
substituting "The Local Government Election Act,
2015 (Saskatchewan)";
(ii) in clause (
b) by striking out "The Local
Government Election Act (Saskatchewan)" and
substituting "The Local Government Election Act,
2015 (Saskatchewan)";
(iii) by repealing clauses (
c) and (
d) and
substituting the following:
(
c) is absent from all regular Council meetings held
during any period of 3 consecutive months during
which at least 2 meetings of Council have been
held, starting with the date that the first meeting is
missed, unless the absence is authorized by
(
i) a resolution of Council, or
(ii) a leave of absence policy adopted by Council,
(iv) by repealing clause (
e) and substituting the
following:
(
e) is convicted while in office
(
i) of an offence punishable by imprisonment for
5 years or more, or
(ii) of an offence pursuant to
section 123, 124 or
125 of the Criminal Code (Canada),
(
v) in clause (f)
(
A) by striking out subclause (
i) and
substituting the following:
(
i) a bylaw passed pursuant to
section 34 of The
Local Government Election Act, 2015
(Saskatchewan),
(
B) by repealing subclause (ii);
(
C) by adding "and" at the end of subclause (iii)
and by adding the following after
subclause (iii):
(iv) any requirement of
section 193,
(vi) by repealing clauses (
g) to (
j) and substituting
the following:
(
g) ceases to reside in the City,
(
h) is determined to have made a false statement or
declaration in the nomination paper filed in
accordance with The Local Government Election
Act, 2015 (Saskatchewan), or
(
i) is removed from office by the Ministers by
complementary ministerial order pursuant to
section 537 unless the order directs that the person
is not disqualified.
(
b) by repealing subsection (2) and substituting the
following:
(2) A member of Council who is disqualified from Council
pursuant to this
section is not eligible to be nominated or elected
in an election in the City or in any Saskatchewan municipality
until the earlier of
(a) 12 years following the date of the disqualification, and
(
b) the date of any pardon obtained with respect to a
disqualification resulting from a conviction under
subsection (1)(e).
(
c) by repealing subsection (4).
Section 137 is amended
(
a) by repealing subsection (2) and substituting the
following:
(2) If a member of Council who is disqualified does not resign
as required by subsection (1),
(
a) Council may, by resolution, declare the person's office
vacant, or
(
b) Council or a voter may apply to the Court of King's
Bench for
(
i) an order determining whether the person was never
qualified to be or has ceased to be qualified to
remain a member of Council, or
(ii) an order declaring the person to be disqualified
from Council.
(2.1) The person whose office has been declared vacant pursuant
to subsection (2)(
a) may, within 10 business days after the
passing of the resolution by Council, appeal the resolution to the
Court of King's Bench.
(2.2) After hearing an application pursuant to subsection
(2.1) and any evidence, either oral or by affidavit, that is required, the
Court of King's Bench may
(
a) confirm the disqualification resolution, or
(
b) set aside the disqualification resolution.
(
b) in subsection (6) by striking out "or" at the end of
clause (
b) and by adding the following after clause
(b):
(b.1) declare the person eligible to be nominated in the next
election, or
(
c) by repealing subsection (7) and substituting the
following:
(7) If the Court declares a person disqualified because of a
failure to disclose a conflict of interest contrary to
section 133
and the Court finds that the contravention has resulted in
personal financial gain, the Court may require the person to pay
an amount of that gain to
(
a) the City, or
(
b) any person who, in the Court's opinion, is appropriate.
Section 138 is amended by striking out "section 136(1)(
g) or (h)," and substituting "section 136(1)(f)(iii)".
Section 139 is amended
(
a) by repealing subsection (1) and substituting the
following:
Appeal
139(1) A decision of the Court pursuant to
section 137 or 138
may be appealed to the Court of Appeal for Saskatchewan.
(
b) in subsection (3)(b)(
i) by striking out "section 137(7)"
and substituting "section 137(7)(
a) or to a person referred
to in
section 137(7)(b)".
Section 140 is amended by adding "or the Court of Appeal
for Saskatchewan" after "awarded to the person by the Court".
Section 141(1) is amended by adding "and" at the end of
clause (
a) and by repealing clause (b).
58 The following is added after
section 141:
Orientation training
141.1(1) The City must, in accordance with the orders referred to
in subsection (3), offer orientation training to each councillor, to be
held within 90 days after the councillor takes the oath of office.
(2) The following topics must be addressed in orientation training
required under subsection (1):
(
a) role of the City as a municipality;
(
b) unique municipal governance framework applicable to the
City;
(
c) organization and functions of the City;
(
d) key municipal plans, policies and projects;
(
e) roles and responsibilities of Council and councillors;
(
f) codes, rules and procedures to be followed by Council;
(
g) roles and responsibilities of the commissioner and staff;
(
h) budgeting and financial administration;
(
i) public participation;
(
j) any other topic required in an order referred to in subsection
(3).
(3) The Ministers may by complementary ministerial orders issue
guidelines respecting orientation training, including, without
limitation, guidelines
(
a) respecting the delivery of orientation training, and
(
b) prescribing topics in addition to those listed in subsection
(2) to be addressed in orientation training.
(4) This
section does not apply to a councillor who took the oath of
office under the former Charter before this
section came into force.
Section 144 is amended
(
a) by repealing clauses (
e) and (
g) to (j);
(
b) in clause (
k) by adding "and other bodies and define their
functions" after "Council committees";
(
c) in clause (
l) by striking out "and Council committees"
and substituting ", Council committees and other bodies
established by Council";
(
d) by repealing clause (m);
(
e) in clause (
n) by adding "or clerk" after "commissioner";
(
f) by adding the following after clause (o):
(
p) its duty to decide appeals imposed on it by this or
another enactment or bylaw whether generally or on a
case-by-case basis, unless the delegation is to a Council
committee and authorized by bylaw;
(
q) its power to appoint a municipal wards commission and
divide the City into wards.
Section 146(1) is amended by adding "and" at the end of
clause (
a) and by repealing clauses (
c) and (d).
Section 147(3) is repealed.
62 The following is added after
section 147:
Performance evaluation
147.1 Council must provide the commissioner with an annual
written performance evaluation of the results the commissioner has
achieved with respect to fulfilling the commissioner's
responsibilities under
section
Section 150 is amended
(
a) by renumbering subsection (1) as subsection
(1.1) and by adding the following before subsection (1.1):
Clerk
150(1) Council shall appoint a clerk.
(
b) in subsection (1.1)
(
i) in the portion preceding clause (
a) by adding
"appointed pursuant to subsection (1)" after "clerk";
(ii) by adding the following after clause (g):
(g.1) the Ministers are sent a list of all Council members
and any other information the Ministers require
within 5 days after the terms of the members
begin,
(
c) in subsection (2) by striking out "Subsection (1)" and
substituting "Subsection (1.1)";
(
d) by adding the following after subsection (2):
(3) The clerk may witness any oaths or affirmations required
pursuant to this Charter.
64 The following is added after
section 150:
Appointment, suspension or dismissal of clerk
150.1(1) The appointment of a person to the position of clerk may
be made, suspended or revoked only if the majority of the whole
Council votes to do so.
(2) Council may not dismiss the clerk except
(
a) for cause, or
(
b) on reasonable notice, on payment of compensation instead of
reasonable notice or pursuant to the terms of an employment
contract.
Employee code of conduct
150.2(1) Council shall cause to be established and made publicly
available a code of conduct for employees of the City that includes
conflict of interest rules.
(2) The conflict of interest rules must
(
a) set out the types of conduct that are prohibited, including
rules prohibiting an employee from
(
i) using information that is obtained as a result of that
employee's employment and that is not available to the
public to
(
A) further, or seek to further, that employee's private
interests or those of that employee's family, and
(
B) seek to improperly further another person's private
interests,
(ii) using that employee's position to seek to influence a
decision of another person so as to
(
A) further, or seek to further, that employee's private
interests or those of that employee's family, or
(
B) seek to improperly further another person's private
interests,
and
(
b) specify the procedure an employee is to follow if the
employee suspects that the employee may be in a conflict of
interest and the procedure for resolving a conflict.
Section 151 is repealed.
Section 153 is repealed.
67 The following is added before
section 154:
Protection from reprisal
153.1(1) In this section,
(a) "reprisal" means any of the following measures taken against
a City employee who has acted pursuant to subsection (2)(
a) to (c):
(
i) a dismissal, layoff, suspension, demotion or transfer,
discontinuation or elimination of a job, change of a job
location, reduction in wages, change in hours of work or
reprimand;
(ii) any measure, other than one referred to in subclause (i),
that adversely affects the City employee's employment
or working conditions or hinders the performance of
that person's duties;
(iii) a threat to take any of the measures referred to in
subclause (
i) or (ii);
(iv) a discriminatory action as defined in The Saskatchewan
Employment Act (Saskatchewan);
(b) "wrongdoing" includes any of the following committed by
Council, a member of Council or a City employee:
(
i) a contravention of this Charter,
an Act, a regulation
made under
an Act,
an Act of the Parliament of Canada
or a regulation made under
an Act of the Parliament of
Canada;
(ii) a contravention of any City bylaw or policy;
(iii) a contravention of the code of ethics, rules of conduct or
procedures applicable to every member of Council
imposed by this Charter, the Act and any other Act and
by Council;
(iv)
an act or omission that creates
(
A) substantial and specific danger to life, health or
safety of persons, or
(
B) a substantial and specific danger to the
environment;
(
v) gross mismanagement of public funds or a public asset;
(vi) knowingly directing or counselling someone to commit
a contravention,
an act or an omission referred to in
subclauses (
i) to (v).
(2) No person shall take or direct a reprisal against a City employee
because the employee has, in good faith,
(
a) sought advice about making a disclosure of wrongdoing from
or made a disclosure of wrongdoing to any of the following:
(
i) any person designated by the City in its employee code
of conduct or otherwise to deal with the disclosure of
wrongdoing;
(ii) any person directly or indirectly responsible for
supervising the employee;
(iii) the Ombudsman, pursuant to and in accordance with
The Ombudsman Act, 2012 (Saskatchewan) or the
Ombudsman Act (Alberta);
(iv) any person responsible for enforcing employment
standards or occupational health and safety standards in
accordance with The Saskatchewan Employment Act
(Saskatchewan), the Employment Standards Code
(Alberta) or the Occupational Health and Safety Act
(Alberta);
(
v) any person designated by the Alberta Minister or the
Saskatchewan Minister pursuant to this Charter or any
Act with respect to a matter within that person's power
to review, audit, inspect or investigate;
(vi) any person whose duties include enforcement of this
Charter or
an Act of Alberta, Saskatchewan or the
Parliament of Canada with respect to an offence within
that person's power to investigate;
(vii) any member of a police or law enforcement agency with
respect to an offence within its power to investigate,
(
b) participated in a review or investigation of wrongdoing, or
(
c) declined to participate in wrongdoing.
(3) Every person who contravenes subsection (2) is guilty of an
offence and liable on
summary conviction to,
(
a) in the case of an individual, a fine of not more than $10 000
or imprisonment for not more than one year, or to both,
(
b) in the case of a corporation, a fine of not more than $25 000,
and
(
c) in the case of a continuing offence by an individual or a
corporation, to a maximum daily fine of not more than $2500
for each day or part of a day during which the offence
continues.
(4) A member of Council who knowingly votes for a resolution
authorizing any of the measures or actions in subsection (1)(
a) is
subject to liability in accordance with subsection (3)(a).
(5) Nothing in this
section shall be construed to limit any right that
any City employee may have pursuant to this Charter,
an Act or City
bylaws or policies
(
a) to disclose information about wrongdoing to a lawful
authority, or
(
b) to seek protection from reprisal as a result of the disclosure.
(6) Nothing in this
section shall be construed to provide protection
for a City employee for that employee's wrongdoing, and that
employee is subject to appropriate disciplinary action.
Section 157 is amended
(
a) in subsection (1)
(
i) by adding the following after clause (a):
(a.1) the official oath or affirmation taken by members
of Council pursuant to
section 105.2,
(ii) by adding the following after clause (c):
(c.1) the financial statements of any controlled
corporation prepared in accordance with
section
223 and an auditor's report prepared in accordance
with
section 225,
(iii) in clause (
d) by striking out "section 85(a)" and
substituting "section 88";
(
b) by adding the following after subsection (2):
(2.1) The City may provide additional means of public
inspection of the documents referred to in subsection (1),
including the posting of documents on the City's website.
69 The following is added after the heading to
Part 7:
Public participation policy
158.1(1) Council must establish a public participation policy for
the City.
(2) Council may amend its public participation policy from time to
time.
(3) The Ministers may issue complementary ministerial orders
(
a) respecting the contents of public participation policies,
(
b) respecting the considerations to be taken into account by
Council in establishing its public participation policy,
(
c) respecting requirements for Council to review its public
participation policy periodically and consider whether any
amendments should be made, and
(
d) respecting requirements to make the public participation
policy and any amendments to it publicly available.
(4) Nothing in a public participation policy established under this
section affects any right or obligation that the City or any person has
under any other provision of this Charter.
(5) No resolution or bylaw of Council may be challenged on the
grounds that it was made without complying with a public
participation policy established by a resolution of Council.
(6) Council must establish its first public participation policy under
this
section before January 1,
Section 159 is amended
(
a) in subsection (2) 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) given by a method provided for in a bylaw under
section 159.1.
(
b) in subsection (4) by striking out "second reading of the
resolution" and substituting "it is voted on by Council".
71 The following is added after
section 159:
Advertisement bylaw
159.1(1) Council may, by bylaw, provide for one or more methods,
which may include electronic means, for advertising proposed
bylaws, resolutions, meetings, public hearings and other things
referred to in
section 159.
(2) Before making a bylaw under subsection (1), Council must be
satisfied that the method the bylaw would provide for is likely to
bring proposed bylaws, resolutions, meetings, public hearings and
other things advertised by that method to the attention of
substantially all residents in the area to which the bylaw, resolution
or other thing relates or in which the meeting or public hearing is to
be held.
(3) Council must conduct a public hearing before making a bylaw
under subsection (1).
(4) A notice of a bylaw proposed to be made under subsection
(1) must be advertised in a manner described in
section 159(2)(
a) or (
b) or by a method provided for in a bylaw made under this section.
(5) A notice of a bylaw proposed to be made under subsection (1)
must contain
(
a) a statement of the general purpose of the proposed bylaw,
(
b) the address or website where a copy of the proposed bylaw
may be examined, and
(
c) an outline of the procedure to be followed by anyone wishing
to file a petition in respect of the proposed bylaw.
(6) A bylaw passed under this
section must be made available for
public inspection.
Section 160 is amended by adding "or, in respect of
petitions to Council, by a bylaw under
section 166.1 that provides
otherwise" after "provides otherwise".
Section 161 is amended by adding "or, where those
requirements are modified under
section 166.1, if it meets the
requirements as modified" after "162 to 166".
Section 164 is amended
(
a) by repealing subsection (1) and substituting the
following:
Other requirements for a petition
164(1) A petition must consist of one or more pages, each of
which must contain
(
a) an identical statement of the purpose of the petition, and
(
b) a statement to the effect that, by signing the petition, the
petitioner is attesting that the petitioner is an elector of
the City and has not previously signed the petition.
(
b) in subsection (2) by striking out "and" at the end of
clause (
c) and by adding the following after clause
(c):
(c.1) the petitioner's telephone number or email address, if
any, and
(
c) by adding the following after subsection (3):
(3.1) For the purposes of subsection (2)(d), the date must
include the month, day and year.
(3.2) The petition must have attached to it the affidavit referred
to in subsection (3)(
b) for each petitioner.
Section 165 is amended
(
a) in subsection (3)
(
i) by adding the following after clause (a):
(a.1) whose signature is witnessed but for which no
affidavit is attached to the petition,
(ii) in clause (
g) by adding ", unless a bylaw under
section 166.1(1)(
e) provides otherwise" after "the
clerk";
(
b) by repealing subsection (4) and substituting the
following:
(4) Subject to subsection (5), instead of verifying that the
requirements of subsection (3) have been met with respect to
each petitioner, the clerk may use a random statistical sampling
method with a 95% confidence level to determine the sufficiency
of the petition.
(5) The clerk shall not use a random sampling method to determine
the sufficiency of the petition as provided for in subsection (4) if the
clerk has already excluded the name of any person under subsection
(3).
Section 166(1) is amended by striking out "30 days" and
substituting "45 days".
77 The following is added after
section 166:
Bylaws modifying petition requirements
166.1(1) Despite sections 160 to 166 and 174(2), Council may, by
bylaw, do any or all of the following:
(
a) reduce the percentage required under
section 163(2) for
petitions to Council;
(
b) allow a petitioner to remove the petitioner's name from a
petition to Council if the petitioner files a statutory
declaration with the clerk not later than 14 days after the
petition is filed with the clerk;
(
c) provide for petitions to Council to be signed by electronic
means and modify the requirements in sections 164(2) and
(3) and 165(3) to the extent Council considers necessary or
appropriate for that purpose;
(
d) provide for petitions to Council to be filed with the clerk by
electronic means;
(
e) extend the period provided in
section 174(2) for filing
petitions to Council with the clerk.
(2) A bylaw made or proposed to be made under subsection (1)(
a) cannot be the subject of a petition.
(3) A bylaw made under this
section must not take effect earlier than
90 days after it is passed.
Section 171(2) is repealed and the following is
substituted:
(2) When this Charter or another enactment requires Council to hold
a public hearing on a proposed bylaw or resolution, Council must
(
a) give notice of the public hearing in accordance with
section
159, and
(
b) conduct the public hearing during a regular or special
Council meeting.
Section 172(10) is amended by adding the following after
clause (a):
(a.1) a resolution under
Part 15.1 of the Municipal Government
Act (Alberta) as that Part applies to the City pursuant to
section 7(1.5);
Section 173(2) is amended by striking out "or" at the
end of clause (
b) and by adding the following after clause
(b):
(b.1)
Part 17.2 of the Municipal Government Act (Alberta) as that
Part applies to the City pursuant to
section 7(3) and
section
69.2, or
Section 174(2) is amended by adding "or, if a bylaw under
section 166.1(1)(
e) extends that period, within the extended period"
after "was passed".
Section 178 is repealed and the following is
substituted:
The Local Government Election Act, 2015 (Saskatchewan)
178 A vote of the electors under this Part must be conducted in
accordance with The Local Government Election Act, 2015
(Saskatchewan).
83 The headings preceding
section 183 are repealed and
the following are substituted:
Part 8
Financial Matters
Division 1
Financial Administration - Budgets
Section 183 is amended
(
a) by renumbering clause (
a) as clause (a.1) and by
adding the following before clause (a.1):
(a) "accounting standards" means the Canadian generally
accepted accounting principles for municipal
governments, which are the standards approved by the
Public Sector Accounting Board included in the CPA
Canada Public Sector Accounting Handbook published
by the Chartered Professional Accountants of Canada,
as amended from time to time;
(a.01) "amortization" has the same meaning as in the CPA
Canada Public Sector Accounting Handbook published
by the Chartered Professional Accountants of Canada,
as amended from time to time;
(a.02) "annual budget" means a combined operating budget
and capital budget for the calendar year determined on a
basis consistent with accounting standards and the
requirements of this Part;
(
b) by repealing clause (
c) and substituting the
following:
(c) "capital property" means property that
(
i) is used in the production or supply of goods and
services by the City or is used for a municipal
purpose,
(ii) has a useful life extending beyond 12 months and
is intended to be used on a continuing basis, and
(iii) is not intended for sale in the ordinary course of
operations of the City;
(
c) by adding the following after clause (f):
(g) "tangible capital assets" has the same meaning as in the
CPA Canada Public Sector Accounting Handbook
published by the Chartered Professional Accountants of
Canada, as amended from time to time.
Section 185 is amended
(
a) in subsection (1) by striking out "made under the
Municipal Government Act (Alberta) is incorporated into this
Charter" and substituting "is declared to be an approved
enactment and to apply to the whole City";
(
b) by adding the following after subsection (2)(b):
(
c) the reference in
section 3 to "transfers from the
governments of Alberta and Canada" is to be interpreted
as a reference to "transfers from the governments of
Alberta, Saskatchewan and Canada";
(
d) the reference in
section 6.4 to "transfers from the
governments of Alberta and Canada" is to be interpreted
as a reference to "transfers from the governments of
Alberta, Saskatchewan and Canada";
(
e) the references in
section 6.8 to "Section 276 of the Act",
"section 276(3) of the Act" and "section 276(1)(
b) of
the Act" are to be interpreted as a references to "Section
220 of The Lloydminster Charter", "section 220(3) of
The Lloydminster Charter" and "section 220(1)(
b) of