Alberta Regulation 162/2000

Marriage Act

MARRIAGE ACT REGULATION

Filed: August 8, 2000

Made by the Minister of Government Services (M.O. R:705/00) on July 31,

2000 pursuant to

section 29 of the Marriage Act.

Table of Contents

Definitions 1

Forms 2

Issuer's certificate 3

Duties of issuer 4

Commissioner's certificate 5

Repeal 6

Expiry 7

Schedule

Definitions

1 In this Regulation,

(a) "Director" means the Director of Vital Statistics;

(b) "issuer" means an issuer of marriage licences appointed under

the Act.

Forms

2(1) An affidavit of particulars under

section 13 of the Act must be in

Form 1.

(2) A consent to marriage under

section 18 of the Act must be in Form 2.

(3) An interpreter who provides a service under

section 9 of the Act must

complete a statutory declaration in Form 3.

(4) Where a witness is required to identify an applicant for a licence for

the purposes of

section 13(4) of the Act, the witness shall complete a

statutory declaration in Form 4.

(5) A notice for the purposes of

section 17(2) of the Act must be in Form

(6) A person to whom

section 18(3) of the Act applies must complete a

statutory declaration in Form 6.

Issuer's certificate

3(1) When a person is appointed as an issuer, the Director shall provide

that person with a certificate of appointment.

(2) An issuer shall keep the issuer's certificate of appointment on public

display at the place where the issuer ordinarily issues marriage licences.

(3) Subject to any agreement between the issuer or the issuer's employer

and the Minister, an issuer may resign an appointment by giving 30 days

written notice to the Minister.

Duties of issuer

4(1) An issuer shall requisition from the Director and keep on hand a

sufficient supply of licences, forms and returns.

(2) An issuer shall ensure that the requirements of the Act have been

complied with before issuing a marriage licence.

(3) An issuer shall, at the times required by the Director,

(

a) file a return that

(

i) sets out the number of licences that were sold

during the period covered by the return and is accompanied by the

applications that were accepted, together with supporting documentation

required under the Act, and

(ii) indicates the number of unsold licences remaining

in the issuer's possession,

and

(

b) pay to the Director the government fees that were collected

from the sale of marriage licences during the period since the filing of

the last return under clause (a).

(4) An issuer shall file a special return if requested to do so by the

Director.

(5) An issuer shall forthwith notify the Director of any appointment of,

and any changes in the appointment of, a deputy under

section 11 of the

Act.

Commission-er's certificate

5(1) When a person is appointed as a marriage commissioner, the Director

shall provide that person with a certificate of appointment.

(2) A marriage commissioner shall keep the certificate on public display

at the place where the marriage commissioner ordinarily performs marriage

ceremonies.

Repeal

6 The Marriage Act Regulation (AR 111/85) is repealed.

Expiry

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

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

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

on June 30, 2005.

SCHEDULE

FORM 1

Marriage Act

(Section 13)

AFFIDAVIT FOR MARRIAGE

LICENCE APPLICATION

I, (Given Names) (Surname)

of (Street Address)

(City, Town or Village) (Province/Country)

make oath and say that:

1 My present marital status is: (Never married, Widowed, Divorced)

2 I am years old.

3 It is my intention to marry

(Currently used last name and full legal given names(

s) of

Bride/Groom) of

(City/Town/Village)(Province/Country)

4 According to the best of my knowledge and belief

(

a) there are no marriages or any lawful causes to bar or hinder

this marriage from taking place. I am not marrying my Grandmother,

Grandfather, Mother, Father, Granddaughter, Grandson, Daughter, Son, Sister

or Brother who is related by whole blood, half blood or adoption,

(

b) neither I nor my intended spouse has been found to be or

certified to be of unsound mind or incapable of managing our affairs, or if

either has been so found or so certified, a medical certificate according

to the Marriage Act is attached, and

(

c) neither I nor my intended spouse are presently under the

influence of alcohol or drugs.

(Signature)

SWORN before me at, Alberta,

dated

(Signature of Marriage Licence Issuer in and for the Province of Alberta)

(Name of Marriage Licence Issuer)(Marriage Licence Issuer Number)

(Name of Registry Agency)(Marriage Licence No.)

This information is being collected for the purpose of Vital Statistics

records in accordance with the Marriage Act. Questions about the

collection of this information can be directed to the Freedom of

Information and Protection of Privacy Coordinator for Alberta Registries

(address) (telephone number)

FORM 2

Marriage Act

(Section 18)

STATUTORY DECLARATION

RE PARENT/GUARDIAN CONSENT

In the matter of an Application for a Marriage Licence

I/We (Full legal given name(

s) and last name of Mother/Guardian) and (Full

legal given name(

s) and last name of Father/Guardian)

Do solemnly declare that:

 I am/we are the parent(s)/guardian(

s) of (full legal given name(

s) and last name of Bride/Groom)

 I/we consent to his/her marriage.

My/Our consent to the marriage is required under the provision of the

Marriage Act as stated below. (Please check one)

1 Mother and father give consent.

2 Parent with legal custody is to give consent. (legal custody proof

required)

3 Surviving parent is to give consent. (death certificate required)

4 If one parent is mentally incompetent, the other parent is to give

consent. (medical certificate required)

5 If both parents are dead or mentally incompetent, a lawfully

appointed guardian is to give consent. (guardian papers required)

6 If both parents are dead or mentally incompetent, an acknowledged

guardian, who raised or who for 3 years prior to the date of this

declaration has supported the applicant, is to give consent. (proof

required)

7 If applicant is a ward of the Crown under the Child Welfare Act, the

director under the Child Welfare Act is to give consent. (proof required)

And I/we make this solemn declaration conscientiously believing it to be

true and knowing that it is of the same force and effect as if made under

oath.

(Signature of Declarant)

(Signature of Declarant)

Declared before me at )

In the Province of )

Date )

(Signature of Notary Public or a Commissioner for Oaths in and for the

Province of Alberta)

(Print name) (Expiry Date of Commission)

This information is being collected for the purposes of Vital Statistics

records in accordance with the Marriage Act. Questions about the

collection of this information can be directed to the Freedom of

Information and Protection of Privacy Coordinator for Alberta Registries,

(address)(telephone number) .

FORM 3

Marriage Act

(Section 9)

STATUTORY DECLARATION

RE

INTERPRETATION

In the matter of the

Interpretation of a Vital Statistics Record

I, (Full legal given name(

s) and last name of interpreter)

of (Street Address)(City/Town/Village)(Province/Country)

Identification Provided: (Type of Identification)

Do solemnly declare that:

 I am the interpreter for the applicant(

s) listed below who does/do

(Full legal given name(

s) and last name(

s) of the Applicant(s))

 I understand and speak the language(

s) of the applicant(

s) named

above; and

 I have, to the best of my knowledge, explained clearly to the

applicant(

s) the meaning of the ceremony and the documents submitted in

connection with the application.

And I make this solemn declaration conscientiously believing it to be true

and knowing that it is of the same force and effect as if made under oath.

(Signature of Interpreter)

Declared before me at )

In the Province )

Date )

(Signature of Notary Public or a Commissioner for Oaths in and for the

Province of Alberta)

(Print name)(Expiry Date of Commission)

This information is being collected for the purposes of Vital Statistics

records in accordance with the Marriage Act. Questions about the

collection of this information can be directed to the Freedom of

Information and Protection of Privacy Coordinator for Alberta Registries

(address)(telephone number) .

FORM 4

Marriage Act

(Section 13)

STATUTORY DECLARATION

RE WITNESS FOR BRIDE OR GROOM

WITHOUT IDENTIFICATION

In the matter of an Application for a Marriage Licence

I, (Full legal given name(

s) and last name of witness)

of (Street Address)(City/Town/Village)(Province/Country)

Identification provided (Type of identification)

Do solemnly declare that:

 The name of the Bride/Groom is (Last name and full legal given

name(s))

 The Bride/Groom is years of age.

 My relationship to the Bride/Groom is

 The length of time I have know the Bride/Groom is

And I make this solemn declaration conscientiously believing it to be true

and knowing that it is of the same force and effect as if made under oath.

(Signature of Witness)

Declared before me at )

In the Province of )

Dated )

(Notary Public or a Commissioner for Oaths in and for the Province of

Alberta)

(Print name)(Expiry date of Commission)

This information is being collected for the purposes of Vital Statistics

records in accordance with the Marriage Act. Questions about the

collection of this information can be directed to the Freedom of

Information and Protection of Privacy Coordinator for Alberta Registries

(address)(phone number) .

FORM 5

Marriage Act

(Section 17)

PARENT/GUARDIAN NOTIFICATION

RE APPLICATION FOR A MARRIAGE LICENCE

BY A MINOR

I, (Name of Marriage Licence Issuer) , Marriage Licence Issuer for the

Province of Alberta, notify you that your (Son/Daughter/Ward) (Full legal

given name(

s) and last name of Bride/Groom)(age) living at (Street

Address) (City/Town/Village) (Province/Country) has applied to me for a

licence to marry (Full legal given name(

s) and last name of Bride/Groom)

(age) living at (Street Address) (City/Town/Village)

(Province/County)

(Signature of Marriage Licence Issuer) (Date)

FORM 6

Marriage Act

(Section 18)

STATUTORY DECLARATION

RE APPLICATION FOR A MARRIAGE

LICENCE BY A MINOR

In the matter of an Application for a Marriage Licence

I, (last name of Bride/Groom and full legal name(s)) of (Street Address)

(City/Town/Village) (Province/County)

Do solemnly declare that:

I am 16 years of age or older but under 18 years of age;

I am a female under 16 years of age (medical certificate of proof of

parentage required);

And (check whichever is applicable)

My father and mother are dead and that I have no legal guardian (death

certificate required)

My father and mother are mentally incompetent and that I have no legal

guardian (medical certificate required);

One of my parents is dead, my other parent is mentally incompetent and I

have no legal guardian (death and medical certificate required).

I am widowed (death certificate required).

I am divorced (divorce certificate required).

And I make this solemn declaration conscientiously believing it to be true

and knowing that it is of the same force and effect as if made under oath.

(Signature of Bride/Groom)

Declared before me at )

In the Province of )

Date )

(Notary Public or Commissioner for Oaths in and for the Province of

Alberta)

(Print name) (Expiry date of Commission)

This information is being collected for the purposes of Vital Statistics

records in accordance with the Marriage Act. Questions about the

collection of this information can be directed to the Freedom of

Information and Protection of Privacy Coordinator for Alberta Registries

(address) (phone number) .

Alberta Regulation 163/2000

Municipal Government Act

BUSINESS REVITALIZATION ZONE AMENDMENT REGULATION

Filed: August 8, 2000

Made by the Minister of Municipal Affairs (M.O. L:195/00) on August 4, 2000

pursuant to

section 53 of the Municipal Government Act.

1 The Business Revitalization Zone Regulation (AR 377/94) is amended by

this Regulation.

Section 23 is amended by adding the following after subsection (1):

(1.1) The bylaw must specify the date, being at least 6 weeks after

the date of the vote, on which the bylaw is to take effect.

Section 25 is repealed and the following is substituted:

Taxpayer vote on bylaw

25(1) Council is responsible for holding the vote on the bylaw to

disestablish the zone.

(2) The board of the business revitalization zone is responsible for

the costs and expenses of the vote on the bylaw.

(3) The vote must be conducted in accordance with the Local

Authorities Election Act, except that

(

a) sections 44, 46(1), (1.1) and (2), 47, 49, 50 and

52 do not apply to the vote,

(

b) only a taxpayer in the business revitalization zone

is eligible to vote,

(

c) if there is more than one taxpayer for a taxable

business, only one such taxpayer, selected by the taxable business, may

vote in respect of that business, and

(

d) the returning officer may

(

i) prepare a list of the taxable

businesses eligible to vote on the bylaw,

(ii) require reasonable proof of a

taxpayer's entitlement to vote on behalf of an eligible taxable business,

(iii) remove the taxable business's name from

the list once a ballot is issued to a taxpayer who operates the business,

(iv) refuse to issue a ballot to a taxpayer

who does not meet the eligibility requirements, and

(

v) utilize any form necessary to further

the objects of this section.

4 The following is added after

section 28:

Expiry

Expiry

28.1 For the purpose of ensuring that this Regulation is reviewed

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

repassed in its present or an amended form following a review, this

Regulation expires on June 30, 2005.

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

Alberta Regulation 164/2000

Government Organization Act

GRANTS, DONATIONS AND LOANS AMENDMENT REGULATION

Filed: August 9, 2000

Made by the Lieutenant Governor in Council (O.C. 296/2000) on August 9,

2000 pursuant to

section 13 of the Government Organization Act.

1 The Grants, Donations and Loans Regulation (AR 315/83) is amended by

this Regulation.

Section 0.1 is repealed and the following substituted:

0.1 In this Regulation, "Minister" means the Minister of Human

Resources and Employment.

Schedule 3 is amended in

section 3(1)(a)

(

a) in subclause (

i) by striking out "$16 100" and substituting

"$16 400";

(

b) in subclause (ii) by striking out "$24 150" and substituting

"$24 600".

Alberta Regulation 165/2000

Government Organization Act

EDMONTON RESTRICTED DEVELOPMENT

AREA AMENDMENT REGULATION

Filed: August 9, 2000

Made by the Lieutenant Governor in Council (O.C. 297/2000) on August 9,

2000 pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Edmonton Restricted Development Area Regulations (AR 287/74) are

amended by this Regulation.

Section 10 of the Schedule, describing land located in Township 51,

Range 25, West of the Fourth Meridian, is amended by striking out

SECTIONS Plan 882 2894 showing survey for

25 & 26: descriptive purposes of a right-of-way for a

Transportation/Utility Corridor

EXCEPTING THEREOUT

Plan 942 1206.

and substituting

SECTIONS Plan 882 2894 showing survey for

25 & 26: descriptive purposes of a right-of-way for a

Transportation/Utility Corridor

EXCEPTING THEREOUT

Plans 942 1206 and 002 0909.

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

Alberta Regulation 166/2000

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: August 9, 2000

Made by the Lieutenant Governor in Council (O.C. 303/2000), jointly with

the Minister of Environment, on August 9, 2000 pursuant to sections 96 and

97 of the Wildlife Act and sections 1(

b) and 2 of the Wildlife Regulation

(AR 143/97).

1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.

Schedule 1 is amended by repealing

section 5 and substituting the

following:

Guiding- s.26(3)

5(1) A person who is guiding a resident for gain or reward is exempt

from the application of

section 26(3) of the Act while that resident is

hunting wildlife other than big game, wolf or coyote.

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

gain or reward is exempt from the application of

section 26(3) of the Act

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

than big game, wolf, coyote or game birds.

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

Alberta Regulation 167/2000

Marketing of Agricultural Products Act

ALBERTA BISON COMMISSION PLAN REGULATION

Filed: August 9, 2000

Made by the Lieutenant Governor in Council (O.C. 304/2000) on August 9,

2000 pursuant to sections 16 and 18 of the Marketing of Agricultural

Products Act.

Table of Contents

Definitions 1

Designations 2

Part 1

General Operation of Plan

Division 1

Plan

Establishment of Plan 3

Termination of Plan 4

Application of Plan 5

Purpose and intent of Plan 6

Division 2

Operation of Plan by Commission

Establishment of Commission 7

Functions of Commission 8

Operation of Plan re regulations 9

Financing of Plan 10

Service charges 11

Service charge refundable 12

Indemnification fund, etc. 13

Auditor 14

Honorary memberships, etc. 15

Part 2

Governance of Plan

Division 1

Eligible Producers

Eligible producers 16

General rights of eligible producers 17

Eligible producers who are individuals 18

Eligible producers that are not individuals 19

Division 2

General Meetings of Eligible Producers

Annual Commission meeting 20

Special Commission meeting 21

Calling of meetings 22

Quorum 23

Division 3

Directors

Board of directors 24

Responsibilities of the board of directors 25

Eligibility re directors 26

Chair, officers, etc. 27

Remuneration 28

Term of office re directors 29

Removal from office 30

Election of directors 31

Mail ballot 32

Adjunct director 33

Quorum 34

Part 3

Voting and Elections

Eligibility to vote 35

Producers that are not individuals 36

Must be on voters list 37

Returning officer 38

Controverted election 39

Part 4

Transitional Provisions and Review

Transitional re election of directors 40

Review 41

Definitions

1 In this Plan,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "annual Commission meeting" means an annual general meeting of

the directors and the eligible producers;

(c) "bison" includes bison bulls, bison cows, bison heifers, bison

steers and bison calves;

(d) "bison products" includes meat, offal, hides and other

by-products from the slaughter and processing of bison;

(e) "Commission" means the Alberta Bison Commission;

(f) "Council" means the Alberta Agricultural Products Marketing

Council;

(g) "eligible producer" means a producer who meets the criteria to

be an eligible producer as set out in

section 16;

(h) "marketing" means buying, owning, selling, offering for sale,

storing, grading, assembling, packing, transporting, advertising or

financing and includes

(

i) slaughtering, and

(ii) any other function or activity designated as

marketing by the Lieutenant Governor in Council;

(i) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act;

(ii) an unincorporated organization that is not a

partnership referred to in subclause (i);

(iii) any group of individuals who are carrying on an

activity for a common purpose and are neither a partnership referred to in

subclause (

i) nor an unincorporated organization referred to in subclause

(ii);

(j) "plan" means the Alberta Bison Commission Plan established

under

section 3;

(k) "producer" means a person who

(

i) breeds, raises, feeds or owns bison, or

(ii) takes possession of bison from a producer under a

security interest or any other security for a debt;

(l) "regulated product" means bison and bison products;

(m) "security interest" means a security interest as defined in the

Personal Property Security Act.

Designations

2 Bison and bison products are hereby designated as agricultural products

for the purposes of the Act.

PART 1

GENERAL OPERATION OF PLAN

Division 1

Plan

Establishment of Plan

3 There is hereby established a plan known as the "Alberta Bison

Commission Plan".

Termination of Plan

4 This Plan does not terminate at the conclusion of a specific period of

time and remains in force unless otherwise terminated pursuant to the Act.

Application of Plan

5(1) This Plan applies

(

a) to all of Alberta, and

(

b) to all producers who produce bison in Alberta.

(2) None of the persons referred to in subsection (1)(

b) are exempted from

the Plan.

(3) No class, variety, size, grade or kind of agricultural product to

which this Plan applies is exempt from this Plan.

(4) Notwithstanding subsections (2) and (3), with the approval of the

Commission,

(

a) persons who are engaged in research with respect to the

production or marketing of the regulated product, or

(

b) regulated product that is used in research with respect to the

production or marketing of the regulated product,

may in whole or in part be exempted from this Plan or any provision of this

Plan.

Purpose and intent of Plan

6(1) The purpose of this Plan is to enable the Commission to initiate and

carry out projects or programs respecting the production or marketing, or

both, of the regulated product and to commence, stimulate, increase and

improve the production or marketing, or both, of the regulated product.

(2) Without restricting the generality of subsection (1), the Commission

may initiate and carry out projects or programs

(

a) to assist, educate and inform producers, dealers and processors

in developing and improving their production and marketing of the regulated

product;

(

b) to expand market awareness and demand for the regulated

product, including the development and promotion of markets for the

regulated product and the education of consumers;

(

c) to generally develop and promote the bison industry;

(

d) to advise governments on matters concerning the bison industry;

(

e) to research and study the production, marketing and processing

of the regulated product, including studies and research concerning the

improvement of the regulated product and the development, use and

consumption of the regulated product;

(

f) to support and co-operate with other persons and with

governments when, in the opinion of the board of directors, that support

and co-operation will further the purposes of this Plan and the objects of

the Commission;

(

g) to communicate with producers, dealers, processors and the

public respecting the activities and purposes of the Commission;

(

h) to establish quality standards for the regulated product.

(3) Under this Plan neither the production nor the marketing of the

regulated product is to be controlled or regulated.

Division 2

Operation of Plan by Commission

Establishment of Commission

7 There is hereby established the Alberta Bison Commission.

Functions of Commission

8 The Commission

(

a) is responsible for

(

i) the administration, operation, regulation,

supervision and enforcement of this Plan, and

(ii) the conduct of the business and affairs of the

Commission in carrying out its responsibilities;

(

b) must cause such books and records, including financial records,

to be maintained

(

i) as from time to time may be required under the Act,

the regulations or by virtue of any order of the Council, or

(ii) as may be determined by the Commission;

(

c) must maintain an official office, the location of which is to

be made known to each eligible producer;

(

d) may appoint officers, employees and agents, prescribe their

duties and fix and pay their remuneration;

(

f) may become a member of any agricultural organization;

(

g) may contribute funds to any agricultural organization having

objectives similar to those of the Commission;

(

h) may, in accordance with

section 50 of the Act, be authorized to

perform any function or duty and exercise any power imposed or conferred on

the Commission by or under a Canada Act.

Operation of Plan re regulations

9 For the purposes of enabling the Commission to operate the Plan, the

Commission may be empowered by the Council, pursuant to

section 26 of the

Act, to make regulations

(

a) requiring any person who produces, markets or processes the

regulated product to furnish to the Commission any information or record

relating to the production of the regulated product that the Commission

considers necessary;

(

b) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the purposes of the Plan, and

(ii) the taking of legal action to enforce payment of

the service charges;

(

c) providing for the refund of service charges;

(

d) providing for the use of any class of service charges or other

money payable to or received by the Commission for the purpose of paying

its expenses and administering this Plan and the regulations made by the

Commission.

Financing of Plan

10 This Plan is to be financed by the service charges and any other money

payable to or received by the Commission.

Service charges

11(1) In accordance with the regulations and subject to this section,

(

a) producers are to be charged a service charge for each bison

calf produced;

(

b) on the payment of the service charge for a bison calf, the

Commission must provide to the producer an identification tag that the

producer must attach to the bison calf;

(

c) the Commission must apply the amount received as a service

charge

(

i) to pay for the cost of producing and providing the

identification tag, and

(ii) subject to subclause (i), for the purposes of

paying the Commission's expenses and administering this Plan and the

regulations and programs of the Commission.

(2) Once the service charge is paid for a head of bison, a service charge

is not to be assessed again in respect of that animal.

(3) Subject to subsection (4), if a head of bison is being raised or

otherwise kept in Alberta but was not born in Alberta, that animal is, for

the purpose of the service charge, to be considered to be a bison calf

produced in Alberta.

(4) When, in respect of a head of bison to which subsection (3) applies,

(

a) a payment that the Commission considers to be similar in nature

to a service charge under this Plan has been paid in another jurisdiction,

(

b) a tag that the Commission considers to be similar in nature to

an identification tag under this Plan

(

i) has been issued in another jurisdiction, and

(ii) is attached to that animal,

or all the circumstances referred to in clauses (

a) and (

b) have occurred,

a service charge is not to be assessed under this Plan in respect of that

animal.

(5) The amount of the service charge is to be initially established by the

Commission in an amount that is approved by the Council.

(6) At any time after the amount of the service charge is initially

established as provided for under subsection (5), the Commission may, from

time to time, change the amount of the service charge, but the change is

not effective until it has been approved by the eligible producers at an

annual Commission meeting or a special Commission meeting.

Service charge refundable

12(1) In accordance with the regulations and subject to this section,

(

a) that portion of the service charge referred to in

section

11(1)(c)(ii) is, at the request of the producer who paid the service

charge, refundable to that producer;

(

b) the request for a refund of the service charge must

(

i) be made in writing on a form established by the

Commission, and

(ii) contain the following information:

(

A) the producer's name;

(

B) the producer's mailing address and

telephone number;

(

C) the producer's identification number or

herd identification letter, if available;

(

D) the number of animals in respect of

which the refund is being requested;

(

E) the identification numbers on the tags

that were issued for the animals in respect of which the refund of the

service charge is being requested;

(

F) any specifics of the refund request;

(

c) requests for refunds must be received by the Commission at its

official office prior to the end of January, for service charges collected

during the period commencing on the previous January 1 and ending on

December 31;

(

d) any request for a refund that is not received by the Commission

within the time periods specified under clause (

c) will not be accepted by

the Commission for the purpose of making a refund and the producer will not

be entitled to a refund in respect of which the request was made;

(

e) notwithstanding clause (d), the Commission may, if it is

satisfied that extenuating circumstances exist that warrant its doing so,

accept an application for the purpose of making a refund where the

application is received after the applicable time period referred to in

clause (c);

(

f) the Commission must, with respect to the refundable portion of

the service charge, refund the service charge to the producer

(

i) within 90 days after the end of the period to which

the request for the refund relates, in a case where the request is received

in accordance with clause (c), and

(ii) within 90 days after receipt of the request for the

refund, in a case where the request is received and accepted by the

Commission under clause (e).

(2) With respect to any particular year, if

(

a) the eligible producers requesting a refund of the service

charges comprise more than 35% of the existing eligible producers, and

(

b) those eligible producers requesting a refund account for at

least 35% of the service charges collected during that particular year,

the continued operation of this Plan is subject to approval by a majority

of producers as determined by a plebiscite to be held under the direction

of the Council pursuant to the Act.

(3) The Commission must, within 90 days following the end of a year,

report to the Council the refunds made under this

section for that year.

Indemnifica-tion fund, etc.

13(1) The Commission may under

section 34 of the Act establish, maintain

and operate one or more funds that may be used to indemnify or protect

producers against financial loss suffered by them or on their behalf in the

production or marketing, or both, of the regulated product.

(2) The Commission may finance a fund referred to in subsection (1) in

accordance with

section 34 of the Act.

(3) The Commission shall not operate a fund under

section 35 of the Act.

Auditor

14 The auditor for the Commission is to be appointed from time to time at

an annual Commission meeting or a special Commission meeting.

Honorary memberships, etc.

15 The Commission may establish non-voting associate, industry, affiliate

or honorary memberships under this Plan to provide interested individuals

or organizations with the opportunity to contribute to the efforts of the

Commission.

PART 2

GOVERNANCE OF PLAN

Division 1

Eligible Producers

Eligible producers

16 For the purposes of this Plan,

(

a) a producer is an eligible producer if the producer has paid a

service charge under this Plan

(

i) in the current calendar year, or

(ii) in the calendar year immediately preceding the

current calendar year;

(

b) the Commission shall maintain a list of eligible producers;

(

c) all producers who can be identified by the Commission as having

paid a service charge under this Plan during a calendar year must be

included on the list of eligible producers for that calendar year;

(

d) any producer who is not listed on the Commission's list of

eligible producers must be added to the list where the producer can provide

proof to the Commission that the producer meets the criteria set out in

clause (a);

(

e) once a producer is listed with the Commission as an eligible

producer, the producer is eligible, notwithstanding that the producer may

no longer meet the criteria set out in clause (a), to continue to be

recognized as an eligible producer from calendar year to calendar year,

unless the eligible producer ceases to pay a service charge under this Plan

in the 2 subsequent calendar years following the current calendar year, in

which case the producer shall cease to be an eligible producer;

(

f) where a producer ceases to be an eligible producer under clause

(e), the producer is entitled to again become an eligible producer for any

calendar year in which the producer pays a service charge under this Plan.

General rights of eligible producers

17 In accordance with this Plan, an eligible producer is entitled, as a

matter of right,

(

a) to attend annual Commission meetings and special Commission

meetings;

(

b) to make representations on any matter pertaining to this Plan,

the Commission and the board of directors;

(

c) to vote on any matter under this Plan;

(

d) to vote in any election for directors;

(

e) to hold office as a director;

(

f) to vote in any plebiscites of producers held under the Act.

Eligible producers who are individuals

18 Where an eligible producer is an individual, that individual may,

subject to this Plan, exercise the rights of an eligible producer referred

to in

section 17.

Eligible producers that are not individuals

19(1) Where an eligible producer is not an individual, that eligible

producer may, only in accordance with this section, exercise the rights of

an eligible producer referred to in

section 17.

(2) An eligible producer to which this

section applies must appoint an

individual to be the representative of the eligible producer.

(3) A representative appointed by an eligible producer under this

section

is, subject to this Plan, to exercise on behalf of the eligible producer

the rights referred to in

section 17.

(4) If an eligible producer is

(

a) a corporation, it must appoint an individual who is a director,

shareholder, member, officer or employee of the corporation as its

representative,

(

b) a partnership, it must appoint an individual who is a partner

or employee of the partnership as its representative, or

(

c) an organization, other than a corporation or a partnership, it

must appoint an individual who is a member, officer or employee of the

organization as its representative.

(5) An appointment of a representative under this

section must be

(

a) in writing, and

(

b) in the case where a vote is to be taken at a meeting, filed

with the returning officer prior to the calling to order of the meeting at

which a vote is to take place.

(6) An individual who is the representative of an eligible producer shall

not cast a vote under this Plan unless

(

a) the individual presents a document signed by the eligible

producer indicating the name of the person who may vote for the eligible

producer, or

(

b) the individual makes a statutory declaration in writing stating

that

(

i) the individual is a representative of the eligible

producer, and

(ii) the individual has not previously voted in the

election or on the matter in respect of which the individual wishes to cast

a vote.

(7) A statutory declaration made under subsection (6)(

b) must be made in

writing before the returning officer or the deputy returning officer prior

to the vote being cast.

(8) An individual cannot at any one time be a representative under this

section for more than one eligible producer.

(9) A representative shall not vote or hold office before the

representative's appointment is filed in accordance with subsection (5).

Division 2

General Meetings of Eligible Producers

Annual Commission meeting

20 An annual Commission meeting must be held

(

a) once in each year, and

(

b) within 13 months following the date of the commencement of the

last annual Commission meeting.

Special Commission meeting

21 The Commission must hold a special Commission meeting

(

a) when requested to do so by the Council, or

(

b) on the written request of not less than 10% of the eligible

producers.

Calling of meetings

22(1) The Commission must set the time, place and date of any annual

Commission meeting or special Commission meeting.

(2) The Commission must,

(

a) in the case of an annual Commission meeting, notify the

eligible producers of the annual Commission meeting at least 21 days before

that meeting is to be held;

(

b) in the case of a special Commission meeting, notify the

eligible producers of the special Commission meeting at least 21 days

before that meeting is to be held.

(3) A notice of a meeting must set forth the time, place, date and purpose

of the meeting.

(4) Where the Commission provides a notice under this section, the

Commission may do so in any form or manner that the Commission considers

appropriate in the circumstances.

Quorum

23 The quorum necessary for the conduct of business at an annual

Commission meeting or special Commission meeting is 30 eligible producers.

Division 3

Directors

Board of directors

24 The Commission consists of a board of directors made up of 9 directors.

Responsibili-ties of the board of directors

25(1) The responsibilities of the Commission, the authority delegated to

the Commission by the Council and the direction, administration and

management of the Commission's work, business and affairs, including the

control and management of all the assets owned, held or acquired by the

Commission, are vested in the board of directors.

(2) The board of directors has the power to do all things that are

necessary to carry out the purposes of this Plan and the responsibilities

and authority of the Commission.

(3) The board of directors may authorize any person, entity or committee

to exercise any of the powers of the board of directors.

(4) Where a person, entity or committee is authorized under subsection

(3) to exercise any power of the board of directors,

(

a) that person, entity or committee must report back to the board

of directors with respect to the exercise of that power, and

(

b) the board of directors retains a supervisory function to

oversee the actions of that person, entity or committee in the exercise of

that power.

Eligibility re directors

26(1) To be eligible to be a director, a person must be an eligible

producer.

(2) An eligible producer is not eligible serve as a director for more than

2 consecutive terms of office.

(3) Notwithstanding subsection (2), an eligible producer who was a

director is once again eligible to be a director if one year has elapsed

since the conclusion of that eligible producer's last term of office as a

director.

Chair, officers etc.

27 Following the annual Commission meeting in each year, the directors

must elect from among the directors the officers of the board of directors,

including a chair and a vice-chair of the board of directors.

Remuneration

28 The remuneration to be paid to the directors and officers of the board

of directors may be fixed from time to time by the board of directors.

Term of office re directors

29(1) The term of office for a director is 3 years.

(2) The term of office of a director

(

a) commences on the conclusion of the annual Commission meeting

that takes place following the director's election, and

(

b) expires on the conclusion of the annual Commission meeting that

takes place in the year that the director's term of office is to expire.

Removal from office

30(1) A person who is a director ceases to be a director if that person

(

a) resigns from the position of director;

(

b) ceases to be an eligible producer;

(

c) in the case of the individual who is the representative of an

eligible producer under

section 19, ceases to be the representative of that

eligible producer under

section 19;

(

d) is absent from 3 consecutive meetings of the board of directors

without reasons that the board of directors considers adequate.

(2) Where a vacancy occurs on the board of directors under this section,

the board of directors may, with the approval of the Council, appoint an

individual to fill the position from among the eligible producers who are

eligible to be elected as a director.

(3) Where an individual is appointed as a director under subsection (2),

that director shall serve for the unexpired portion of the term.

Election of directors

31(1) Directors are to be elected at the annual Commission meeting.

(2) The Commission must solicit nominations for the position of director

by giving a notice soliciting those nominations.

(3) A notice referred to in subsection (2) may be given

(

a) by publishing the notice in the Commissioner's newsletter, or

(

b) by such other means as the Commission may determine.

(4) Nominations for the position of director must be

(

a) filed at the Commission's official office in writing by a date

fixed by the Commission,

(

b) signed by at least 5 eligible producers, and

(

c) accompanied by the written consent of the eligible producer

nominated for the position of director.

Mail ballot

32(1) Notwithstanding

section 31(1), the Commission may direct that the

election of a director be carried out by a mail ballot.

(2) Where an election of a director is to be carried out by a mail ballot,

(

a) the mail ballot must be designed for, and the election must be

held in such a manner to ensure, a secret vote;

(

b) a mail ballot must be made available to each eligible producer

by being mailed to each of the eligible producers at least 30 days prior to

the ballot closing date;

(

c) the ballot closing date must

(

i) be fixed by the Commission, and

(ii) be a date that is within 42 days immediately

preceding the annual Commission meeting.

(3) If the eligible producers fail to elect a director by a mail ballot,

the election of the director is to be carried out at the next annual

Commission meeting that is held after the time at which election by a mail

ballot was to have been held.

Adjunct director

33(1) Notwithstanding anything in this Division, the board of directors

may appoint a director whose term is expiring and who is not standing for

re-election as a director to serve as an adjunct director on the board of

directors for the purpose of allowing that director to represent the

Commission in respect of an organization with which the Commission is

involved.

(2) An adjunct director is not eligible to vote on any matter put to the

question at a meeting of the board of directors.

(3) At any one time not more than one adjunct director may be on the board

of directors.

(4) Where an adjunct director is appointed, the board of directors may

(

a) prescribe the duties of and the term of office for the adjunct

director, and

(

b) at any time terminate the appointment of an adjunct director.

(5) Notwithstanding

section 24, where an adjunct director is appointed,

that director's position on the board of directors is in addition to the

positions of the directors who are elected or appointed to sit on the board

of directors under this Division.

Quorum

34(1) The quorum necessary for the conduct of business at a meeting of the

board of directors is a majority of the directors holding office at the

time.

(2) In determining a quorum under subsection (1), vacant positions on the

board of directors and the position of adjunct director are not to be

considered.

PART 3

VOTING AND ELECTIONS

Eligibility to vote

35(1) An eligible producer is eligible to vote on any question put to a

vote at an annual Commission meeting or a special Commission meeting if the

eligible producer is present at the meeting at which the vote is held.

(2) An eligible producer is eligible to vote in an election for a director

that takes place at an annual Commission meeting if the eligible producer

is present at the meeting.

(3) An eligible producer may vote once on each matter, notwithstanding

that the eligible producer may manage or operate or own, lease or hold

equity in 2 or more operations.

Producers that are not individuals

36 An eligible producer that is not an individual may only cast one vote

under this Plan.

Must be on voters list

37 An eligible producer may only cast a vote if that producer's name

appears on the current list of eligible producers.

Returning officer

38(1) The Commission shall appoint a returning officer for the purpose of

and in connection with any election or vote taken under this Plan.

(2) The returning officer may appoint individuals as deputy returning

officers to assist in the conduct of elections and votes under this Plan.

(3) The returning officer must

(

a) compile and maintain a voters list of eligible producers who

are entitled to vote under this Plan,

(

b) ensure that a person does not cast a vote, except in accordance

with this Plan, and

(

c) permit scrutiny of the actions of the returning officer and the

deputy returning officers by a scrutineer in respect of the conduct of a

vote taken under this Plan.

(4) Unless otherwise directed by the Council, no person shall destroy any

records or ballots in respect of a vote or election held under this Plan

until 90 days have elapsed from the day on which the vote was taken.

Controverted election

39(1) If an eligible producer

(

a) questions

(

i) the eligibility of a candidate,

(ii) the eligibility of a voter,

(iii) any matter relating to a ballot or the tabulation

of ballots, or

(iv) any other irregularity with respect to the conduct

of an election,

and

(

b) seeks to have the election declared invalid and the position

declared vacant,

the eligible producer may, not later than 15 days after the day on which

the election was held, apply in writing to the Council to have the election

declared invalid and the position declared vacant.

(2) If, within the 15-day period referred to in subsection (1), the

Council has not received an application under subsection (1), a person

elected at that election is deemed to be duly elected.

(3) On receipt of an application under subsection (1), the Council must

consider the matter and may

(

a) declare the election to be proper and the position to be

filled, if, in the opinion of the Council, there is no basis for the

application,

(

b) declare the election to be proper and the position filled,

notwithstanding that there is a basis for the application, if, in the

opinion of the Council,

(

i) the basis for the application did not materially

affect the result of the election, and

(ii) the election was conducted substantially in

accordance with this Plan and the Act,

(

c) declare the election to be void and the position vacant, if, in

the opinion of the Council, there is a basis for the application and the

basis is sufficient to, or did, affect the result of the election.

(4) Notwithstanding that an election is declared void and a position is

declared vacant under subsection (3)(c), the term of office of the position

declared vacant is nevertheless deemed to have commenced on the day that

the voided election was held.

(5) If the Council declares an election to be void and the position

vacant, the Council may

(

a) order that, within the time that the Council considers proper,

a special Commission meeting be held and an election be conducted to fill

the vacant position, or

(

b) appoint from among the eligible producers who are eligible to

be elected to the position, an individual to fill the vacant position.

(6) Where a person fills a position under subsection (5), that person

shall serve for the unexpired portion of the term.

PART 4

TRANSITIONAL PROVISIONS AND REVIEW

Transitional re election of directors

40(1) Notwithstanding

section 29(1), at the initial election for directors

held after this Plan comes into force,

(a) 3 directors are to be elected for a term of office of 3 years,

(b) 3 directors are to be elected for a term of office of 2 years,

and

(c) 3 directors are to be elected for a term of office of one year.

(2) At the conclusion of the terms of office referred to in subsection

(1), directors are to be elected for a term of office provided for in

section 29(1).

(3) In determining under

section 26 whether an eligible producer is

eligible to be a director, the term of office served under subsection

(1) is to be considered as a term of office.

Review

41 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before December 1, 2004.

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

Alberta Regulation 168/2000

Condominium Property Act

CONDOMINIUM PROPERTY REGULATION

Filed: August 9, 2000

Made by the Lieutenant Governor in Council (O.C. 305/2000) on August 9,

2000 pursuant to

section 73 of the Condominium Property Act.

Table of Contents

Interpretation 1

Part 1

Registration of Condominium Plans

and other Condominium Documents

Registration of plans 2

Form of plan 3

Diagrams 4

Designation of units 5

Unit factors 6

Information to be contained in

Schedule 7

Numbering of plan sheets 8

Endorsements re redivision or consolidation 9

Additional sheets to condominium plan 10

Certificates of title to units 11

Change in by-laws 12

Certificate given by corporation 13

Instrument executed by corporation 14

Appointment of an administrator 15

Notice of termination of plan 16

Certificate given by corporation 17

Transfer of parcel 18

Change of address 19

Directors of corporation 20

Part 2

Capital Replacement Reserve Fund

Definitions 21

Corporation as qualified person 22

Reserve fund study, report and plan 23

When reserve fund study, report and plan must be prepared 24

When study, report and plan must be prepared re rental units 25

When study, report and plan must be prepared

re conversions, etc. 26

Maintenance of reserve fund 27

Repairs, etc. not to be construed as capital improvements 28

Annual report 29

5-year review 30

Access to reserve fund plan and annual reports 31

Part 3

Phased Development

Application of

Part 32

Developments not included under this

Part 33

Existing building and land 34

Phased development disclosure statement 35

Completion of project 36

Court order terminating development 37

Registration of condominium plan 38

Amendment to plan re subsequent phase 39

Restrictions on registration 40

Common property re amendment to plan 41

Operation of phases under the Act 42

Sale of units 43

Convening of meeting and election of board 44

Easements 45

Part 4

Amalgamation

Definitions 46

Authority to amalgamate 47

Pre-amalgamation meeting 48

Amalgamation disclosure statement 49

Resolutions of the owners 50

Registration 51

Amalgamated corporation 52

Notification of amalgamation 53

Meeting of corporation 54

Capital replacement reserve fund 55

Assumption of obligations 56

Part 5

Modification of Condominium Plans

Application of

Part 57

Notification of consolidation of units 58

Common property 59

Registration of consolidation 60

Part 6

Insurance

Perils to be insured against 61

Amount of insurance 62

Part 7

Purchaser's Protection Programs

Definitions 63

Application of

Part 64

Approval of Minister 65

Purchaser's protection program having general application 66

Requirements of a purchaser's protection program 67

Form of purchaser's protection program 68

Certificate of sponsor 69

Part 8

Amendment of Condominium Plans

To be amended in accordance with this

Part 70

Amendments by corporations 71

Doors and windows 72

Documentation must be completed 73

Part 9

Miscellaneous

Fees under the Land Titles Act 74

Fee payable to a municipality 75

Rate of interest re contributions 76

Mediation and arbitration 77

Builders' liens 78

Part 10

Transitional Provisions, Repeals, Expiry and Coming into Force

Transitional provisions re insurance 79

Repeal 80

Expiry 81

Coming into force 82

Schedule

Interpretation

1(1) In this Regulation,

(a) "Act" means the Condominium Property Act;

(b) "Registrar" means the Registrar of Land Titles;

(c) "Schedule" means the

Schedule to this Regulation.

(2) For the purposes of

section 11(1)(

b) of the Act, the following are the

requirements to be met in order for a person to be a cost consultant:

(

a) in the case of an individual, that individual must be, based on

reasonable and objective criteria, knowledgeable with respect to

(

i) the costs of construction of units and common

property that are the subject of

section 11 of the Act, and

(ii) the determination as to when the construction of

those units and that common property, as the case may be, is substantially

completed;

(

b) in the case of a corporate entity, that corporate entity must,

in carrying out the functions of a cost consultant, employ or otherwise

retain the services of an individual to carry out those functions who meets

the requirements provided for under clause (a);

(

c) in carrying out the functions of a cost consultant in respect

of a unit or common property, a person must act at arm's length from the

developer of the unit or common property.

(3) If expressions used in this Regulation are not defined in this

Regulation but are defined in the Act, those expressions have the same

meanings in this Regulation as assigned to them in the Act.

(4) If expressions used in this Regulation are not defined in this

Regulation or in the Act but are defined in the Land Titles Act, those

expressions have the same meanings in this Regulation as assigned to them

in the Land Titles Act.

PART 1

REGISTRATION OF CONDOMINIUM PLANS

AND OTHER CONDOMINIUM DOCUMENTS

Registration of plans

2 The Registrar

(

a) must keep a register of condominium plans, and

(

b) is to record in the register particulars of all condominium

plans registered pursuant to the Act.

Form of plan

3 A plan presented for registration as a condominium plan

(

a) is to be prepared in a manner acceptable to the Registrar and

on a medium or a material or in a digital format approved by the Registrar,

and

(

b) is to consist of

(

i) a first sheet on which are set out the matters

prescribed by sections 6(1)(a), (b), (b.1), (c), (e), (f), (f.1), (g), (

h) and (

i) and (2) and 8(1) of the Act, and

(ii) further sheets, if necessary, containing the

particulars required by

section 6(1)(d), (f.2) and (g.1) of the Act.

Diagrams

4 The diagrams required by

section 6(1)(

b) and (

d) of the Act

(

a) where practical, are to be drawn with the north point directed

to the top of the sheet, and

(

b) are to be to a scale that will clearly show all details and

notations.

Designation of units

5(1) Subject to subsections (2) and (3), units are to be numbered

consecutively commencing with unit one and terminating with a unit numbered

to correspond to the total number of units comprised in the plan presented

for registration as a condominium plan.

(2) In the case of a building or land that is to be developed in phases,

the units in the phases, subject to

section 38, are to be numbered

consecutively commencing with unit one in the first phase and terminating

with the last unit in the last phase.

(3) In the case of 2 or more adjacent parcels that are amalgamating,

(

a) each condominium plan that is subject to the amalgamation is to

be assigned a separate letter with one condominium plan being assigned the

letter "A" and each of the other condominium plans being assigned

respectively the next consecutive letters, and

(

b) each unit contained in each condominium plan that is subject to

the amalgamation is to retain the number assigned to that unit under that

condominium plan but with the letter referred to in clause (

a) that is

assigned to that condominium plan following the number of the unit.

Unit factors

6 There is to be assigned to each unit a unit factor so that the total of

the unit factors for all the units in the parcel is equal to 10 000.

Information to be contained in

Schedule

7 For the purposes of

section 6(1)(f), (f.1) and (

g) of the Act, the

Schedule to the plan is to be in Form 1 and is to set out the following:

(

a) the unit number;

(

b) the unit factor;

(

c) the basis for determining the unit factor;

(

d) the approximate floor area for each unit, in the case of a

building;

(

e) the approximate ground area for each unit, in the case of land

divided into bare land units.

Numbering of plan sheets

8 Each sheet of a plan presented for registration as a condominium plan

is to be endorsed in the upper right-hand corner with the words, "sheet

of sheets", with the appropriate numbers filled in.

Endorsements re redivision or consolidation

9 Before registering a condominium plan in respect of the redivision of

a unit or units or the consolidation of units, the Registrar is to

(

a) endorse on the original registered condominium plan a

notification of the redivision or consolidation, and

(

b) indicate on the drawings in the original registered condominium

plan illustrating the unit or units being redivided or consolidated that

the unit or units are being redivided or consolidated.

Additional sheets to condominium plan

10(1) The Registrar may add additional sheets to a condominium plan on

which may be made any endorsement, registration, memorandum, notification

or other entry that is to be or may be made on the plan.

(2) Each sheet added to a plan by the Registrar pursuant to subsection

(1) is to be numbered in a manner that is acceptable to the Registrar.

Certificates of title to units

11 A certificate of title to a unit is to be in Form 2 or in any other

form that the Registrar specifies.

Change in by-laws

12(1) A notice of a change in the by-laws of a corporation made pursuant

section 26 of the Act is to be in Form 3.

(2) On receipt of a notice referred to in subsection (1), the Registrar is

to endorse on the condominium plan a notification containing any

particulars that the Registrar directs.

Certificate given by corporation

13 A certificate given by a corporation pursuant to

section 40(4) of the

Act is to be in Form 4.

Instrument executed by corporation

14 On receipt of an instrument executed by a corporation pursuant to

section 40, 42, 43 or 54 of the Act, the Registrar is to endorse on the

condominium plan a memorandum

(

a) stating the nature of the instrument, and

(

b) containing any particulars that the Registrar directs.

Appointment of an administrator

15(1) Where a person is appointed as

(

a) an administrator, receiver or receiver and manager under

section 11(14) of the Act, or

(

b) an administrator under

section 49 of the Act,

that person must file with the Registrar a certified copy of the order of

the Court under which the appointment was made.

(2) A corporation must file with the Registrar a certified copy of an

order of the Court made pursuant to

section 50 of the Act.

(3) On receipt of a copy of an order referred to in subsection (1) or (2),

the Registrar is to endorse on the condominium plan a notification

containing any particulars that the Registrar directs.

Notice of termination of plan

16(1) A notice of the termination of the condominium status of a building

or parcel is to be in Form 5.

(2) On receipt of a notice referred to in subsection (1), the Registrar is

to endorse on the condominium plan a notification

(

a) of the termination of the condominium status and the vesting of

the parcel in the owners, and

(

b) containing any other particulars that the Registrar directs.

Certificate given by corporation

17 A certificate given by a corporation pursuant to

section 43(4) or

54(4) of the Act is to be in Form 6.

Transfer of parcel

18 Where a parcel is transferred by a corporation pursuant to

section 54

of the Act, the Registrar is to

(

a) enter on the relevant condominium plan a notification of the

cancellation of the plan, and

(

b) indicate in an appropriate manner on any relevant plan that the

condominium plan has been cancelled.

Change of address

19 The notice of change of an address required by

section 65 of the Act

is to be in Form 7.

Directors of corporation

20 The notice required to be filed by

section 23(2) of the Act is to be

in Form 8.

PART 2

CAPITAL REPLACEMENT RESERVE FUND

Definitions

21(1) In this Part,

(a) "common property" includes common property referred to in

section 11(1)(

a) of the Act;

(b) "depreciating property" means the property to which

section

30.1(1) of the Act applies;

(c) "qualified person" means, in respect of the depreciating

property, an individual who, based on reasonable and objective criteria, is

knowledgeable with respect to

(

i) the depreciating property or that type of

depreciating property,

(ii) the operation and maintenance of the depreciating

property or that type of depreciating property, and

(iii) the costs of replacement of or repairs to, as the

case may be, the depreciating property or that type of depreciating

property;

(d) "reserve fund" means, in respect of a corporation, the capital

replacement reserve fund required to be established and maintained by the

corporation under

section 30.1 of the Act;

(e) "reserve fund plan" means a plan prepared and approved in

accordance with

section 23(4) or 30(c);

(f) "reserve fund report" means a report prepared in accordance

with

section 23(3) or 30(b);

(g) "reserve fund study" means a study carried out in accordance

with

section 23(1) and (2) or 30(a).

(2) For the purposes of

section 23, a reference to a qualified person

includes a corporate entity if the corporate entity, in carrying out the

functions of a qualified person, employs or otherwise retains the services

of an individual who is a qualified person to carry out those functions.

Corporation as qualified person

22 Notwithstanding

section 21(2), if a condominium plan consists of not

more than 12 units, the corporation may, in respect of that condominium

plan, carry out the functions of a qualified person if authorized to do so

by a special resolution.

Reserve fund study, report and plan

23(1) The board must retain a qualified person to carry out a study of the

depreciating property for the purposes of determining the following:

(

a) an inventory of all of the depreciating property that, under

the circumstances under which that property will be or is normally used,

may need to be repaired or replaced within the next 25 years;

(

b) the present condition or state of repair of the depreciating

property and an estimate as to when each component of the depreciating

property will need to be repaired or replaced;

(

c) the estimated costs of repairs to or replacement of the

depreciating property using as a basis for that estimate costs that are not

less than the costs existing at the time that the reserve fund report is

prepared;

(

d) the life expectancy of each component of the depreciating

property once that property has been repaired or replaced.

(2) In carrying out the reserve fund study under subsection (1), the

qualified person must also do the following:

(

a) determine the current amount of funds, if any, included in the

corporation's reserve fund;

(

b) recommend the amount of funds, if any, that should be included

in or added to the corporation's reserve fund in order to provide the

necessary funds to establish and maintain or to maintain, as the case may

be, a reserve fund for the purposes of

section 30.1 of the Act;

(

c) describe the basis for determining

(

i) the amount of the funds under clause (a), and

(ii) the amount in respect of which the recommendation

was made under clause (b).

(3) On completing the reserve fund study under this section, the person

who carried out the study must prepare and submit to the board a reserve

fund report in writing in respect of the study setting out the following:

(

a) the qualifications of that person to carry out the reserve fund

study and prepare the report;

(

b) whether or not the person is an employee or agent of or

otherwise associated with the corporation or any person who performs

management or maintenance services for the corporation;

(

c) the findings of the reserve fund study in respect of the

matters referred to in subsections (1) and (2);

(

d) any other matters that the person considers relevant.

(4) On receiving the reserve fund report under subsection (3), the board

must, after reviewing the reserve fund report, approve a reserve fund plan

(

a) under which a reserve fund is to be established, if one has not

already been established, and

(

b) setting forth the method of and amounts needed for funding and

maintaining the reserve fund.

(5) A reserve fund plan approved under subsection (4) must provide that,

based on the reserve fund report, sufficient funds will be available by

means of owners' contributions, or any other method that is reasonable in

the circumstances, to repair or replace, as the case may be, the

depreciating property in accordance with the reserve fund report.

(6) Notwithstanding that a reserve fund plan has been approved under

subsection (4), the corporation must provide to the owners for the owners'

information copies of that approved reserve fund plan prior to the

collection of any funds for the purposes of those matters dealt with in the

reserve fund report on which the approved reserve fund plan was based and

that are to be carried out pursuant that report.

(7) Until such time that a corporation has approved a reserve fund plan

under subsection (4) and has met the requirement under subsection (6) so as

to be eligible to collect funds in respect of the reserve fund, the

corporation may, notwithstanding subsection (6), collect or otherwise

receive funds for a fund that is similar in nature to a reserve fund and

may make expenditures from and generally continue to operate that fund.

When reserve fund study, report and plan must be prepared

24(1) If a corporation is in existence immediately before September 1,

2000, the board must, before September 1, 2002, meet the requirements of

section 23(1) to (6).

(2) If a condominium plan is registered on or after September 1, 2000, the

board must not later than 2 years from the day that the condominium plan is

registered meet the requirements of

section 23(1) to (6).

(3) Notwithstanding subsection (1), if a corporation has, within the 5

years before September 1, 2000, completed a study that is the same as or

substantially the same as a reserve fund study, the board must, before

September 1, 2002, meet the requirements of

section 23(4) in the same

manner as if that study were a reserve fund study.

When study, report and plan must be prepared re rental units

25 Where on or after September 1, 2000

(

a) the certificate of title to each of the units included in a

condominium plan is registered in the name of the same owner or the same

group of owners, and

(

b) those units are rented or offered for rent to persons as

tenants who are not purchasers and are not intended to be purchasers,

the board is exempted from preparing a reserve fund study and a reserve

fund plan and maintaining a reserve fund.

When study, report and plan must be prepared re conversions, etc.

26(1) Notwithstanding sections 24 and 25, if the owner

(

a) of premises to which

section 16 of the Act applies offers those

premises for sale, or

(

b) of units to which

section 25 applies offers those units for

sale and if as a result of the sale of any of those units

section 25 would

no longer apply in respect of those units,

the owner shall not sell any of those premises or units until

(

c) a reserve fund study is carried out and a reserve fund report

is prepared in accordance with

section 23, and

(

d) a reserve fund plan is prepared in accordance with

section 23.

(2) The reserve fund report and the reserve fund plan referred to in

subsection (1) must be made available for inspection by any person

purchasing a unit referred to in subsection (1).

Maintenance of reserve fund

27(1) A corporation must maintain the funding of its reserve fund at an

appropriate amount or in an appropriate state so that the requirements of

section 30.1 of the Act continue to be met.

(2) Except for the purposes of paying for repairs to or replacement of

depreciating property, neither a corporation nor any person holding money

or dealing with money on behalf of the corporation is to commingle any

funds that make up the corporation's reserve fund with the corporation's

operating funds or any funds of any other corporation or other entity.

(3) Neither a corporation nor any person holding money or dealing with

money on behalf of the corporation is to commingle any funds that make up

the corporation's reserve fund with the funds that make up any other

corporation's reserve fund.

Repairs, etc. not to be construed as capital improvements

28 For the purposes of this Part and

section 30.1 of the Act, a repair to

or replacement of depreciating property that is carried out by a

corporation is not to be construed as a capital improvement if that repair

or improvement is a matter that was included in the current reserve fund

report that was prepared and submitted to the corporation.

Annual report

29(1) Commencing with the fiscal year of a corporation ending after

September 1, 2002, a board must for each fiscal year prepare an annual

report respecting the reserve fund setting out at least the following:

(

a) the amount of the reserve fund as of the last day of the

immediately preceding fiscal year;

(

b) all the payments made into and out of the reserve fund for that

year and the sources and uses of those payments;

(

c) a list of the depreciating property that was repaired or

replaced during that year and the costs incurred in respect of the repair

or replacement of that property.

(2) The annual report prepared under subsection (1) must be made available

by the corporation to the owners for the owners' information before or at

the time that the notice of the next annual general meeting of the

corporation is provided to the owners.

5-year review

30 At the conclusion of 5 years from the day that the most recent reserve

fund plan was approved, the corporation must, in accordance with the same

procedures, requirements and restrictions to which

section 23 is subject,

(

a) carry out a reserve fund study,

(

b) prepare a reserve fund report,

(

c) approve the reserve fund plan, and

(

d) provide to the owners for the owners' information copies of the

approved reserve fund plan referred to in clause (

c) prior to the

collection of any funds for the purposes of those matters dealt with in the

reserve fund report referred to in clause (

b) and that are to be carried

out pursuant that report.

Access to reserve fund plan and annual reports

31(1) Notwithstanding that

(

a) the most recent reserve fund report,

(

b) the most recent reserve fund plan, or

(

c) the most recent annual report prepared under

section 29

has been provided to the owners under this Regulation, the corporation, on

the written request of an owner, must, within 10 days from the day of

receipt of the written request, provide to that owner a copy of that

reserve fund report, reserve fund plan or annual report, or any one or more

of them, as requested by the owner.

(2) On the written request of a purchaser or a mortgagee of a unit, the

corporation must, within 10 days from the day of receipt of the written

request, provide to the person making the request a copy of

(

a) the most recent reserve fund report,

(

b) the most recent reserve fund plan, and

(

c) the most recent annual report prepared under

section 29.

PART 3

PHASED DEVELOPMENT

Application of

Part

32 This Part applies with respect to a building or land that is to be

developed in phases under

section 14.2 of the Act.

Developments not included under this

Part

33(1) In this section, "common property" means common property as defined

section 11(1)(

a) of the Act.

(2) Nothing in this

Part is to be construed so as to apply with respect to

the development of a building or land in respect of a condominium plan

under which

(

a) bare land units or other units are redivided or modified

pursuant to

section 15 of the Act or

Part 5, or

(

b) an amalgamation of adjacent parcels is carried out pursuant to

Part 4,

whether or not in the process common property is created.

Existing building and land

34 A building or land is not eligible to be developed in phases under

this

Part if the building or land is included in a condominium plan that

does not meet the requirements of

section 35.

Phased development disclosure statement

35(1) Where a plan is registered as a condominium plan under which a

building or land is to be developed in phases under this Part, the plan, at

the time when it is registered with respect to the initial phase, must be

accompanied by a phased development disclosure statement that is

registered as part of the condominium plan and that sets out at least the

following:

(

a) a statement that the building or land is to be developed in

phases;

(

b) the maximum number of units to be included in the entire

completed phased project;

(

c) the minimum number of units to be included in the entire

completed phased project;

(

d) a description of the units and common property included in the

initial phase;

(

e) a description of the units and common property to be included

in each of the subsequent phases, including

(

i) the number of units or the minimum and maximum

number of units that are to be included in each of those phases;

(ii) the general size of each of the units that are to

be included in each of those phases;

(iii) the extent of the common property and a

description of the improvements to that common property that are to be

included in each of those phases;

(iv) any restrictions or qualifications on the types of

units and common property that are to be included in each of those phases;

(

v) a general description of the proposed usage of the

units and the common property that are to be included in each of those

phases;

(

f) a description of the proposed physical appearance of each phase

and the architectural compatibility of the phases with each other and the

project as a whole;

(

g) if common property in a subsequent phase is to be available for

the use of the owners in the previous phases, an explanation as to when

those facilities will be completed and available to those owners;

(

h) the extent to which the developer will contribute to the common

expenses respecting the building and land during the development and sale

of each phase and on the completion and sale of the entire phased project;

(

i) the method used to determine the allocation or distribution of

administrative expenses with respect to all of the units in each separate

phase and for all of the units in the entire completed project;

(

j) the basis for allocating unit factors in the phased

development, which must be consistent for each phase and the entire phased

project;

(

k) the effect on the owners' contributions for administrative

expenses and the corporation's budget if one or more, as the case may be,

of the future phases are not proceeded with;

(

l) a certificate of the developer in Form 9 certifying that the

phased development disclosure statement complies with the Act and the

regulations and all the requirements under the Act and the regulations.

(2) Once a phased development disclosure statement is registered, that

phased development disclosure statement is not to be changed by the

developer without the consent of at least 2/3 of the persons, not including

the developer, who are entitled under the Act to vote.

(3) Where a building or land is being developed in phases, the development

must be in accordance with the phased development disclosure statement.

(4) Notwithstanding subsection (2) or (3), to the extent that the

development of a building or land in phases, as provided for under a

registered phased development disclosure statement, does not comply with

the current development scheme, development control by-law, zoning by-law,

land use by-law or any other municipal requirement applicable to that

development, the developer may

(

a) change the development to the extent necessary so that the

development complies with the current scheme, by-law or other municipal

requirement, and

(

b) change the phased development disclosure statement to reflect

the change referred to in clause (a).

(5) Where a phased development disclosure statement is to be changed under

subsection (2) or (4),

(

a) the change does not become effective until the change is

registered, and

(

b) the Registrar, on being presented with a certificate of the

developer in Form 10, is to amend the phased development disclosure

statement to reflect the change.

Completion of project

36(1) Where a condominium plan indicates that a building or land may be

developed in phases, all the phases that make up the total development of

the building or land in phases must be registered

(

a) within the period of time specified in the phased development

disclosure statement, or

(

b) if the phased development disclosure statement does not specify

the period of time within which all the phases that make up the total

development are to be registered, within 6 years from the day that the

condominium plan was registered.

(2) Notwithstanding subsection (1), the developer may, with the agreement

of at least 2/3 of the persons, not including the developer, who are

entitled under the Act to vote, extend or reduce the period of time

referred to in subsection (1).

(3) If

(

a) a building or land is to be developed in phases,

(

b) one or more phases have been registered, and

(

c) the developer does not proceed, or does not intend to proceed,

with one or more of the other phases that were to be part of the

development,

the developer must in writing notify the corporation and the owners that

the phase or phases will not be proceeding.

(4) If

(

a) a building or land is to be developed in phases, and

(

b) within the time period referred to in subsection (1) or (2),

all the phases that make up the total development are not registered,

the developer, unless the corporation otherwise agrees, is deemed to have

given written notice to the corporation and the owners that the phase or

phases will not be proceeding.

(5) If

(

a) under a condominium plan a building or land is to be developed

in phases and

(

i) in accordance with the phased development

disclosure statement, or

(ii) under an agreement between the developer and the

corporation

the developer is to transfer facilities and property intended

for common use to the corporation after the registration of one or more

phases, and

(

b) within the time provided for in the phased development

disclosure statement or the agreement or, if the time is not so provided

for, within a reasonable time the developer fails to meet the requirement

to transfer the facilities and property intended for common use to the

corporation,

an owner, the corporation or an interested party may bring an action for an

order of the Court directing the developer to carry out that requirement or

for damages arising out of the developer's failure to carry out that

requirement.

(6) If

(

a) after the registration of one or more phases in respect of a

building or land that is being developed in phases the developer elects not

to or fails to proceed with one or more other phases that were to have been

included in the development, and

(

b) common property that was to have been made available for the

use of the owners in the registered phases was to have been included in the

phases that are not being proceeded with,

either the developer, the corporation or an interested party may apply to

the Court for an order giving directions

(

c) as to how the common property may be made available under the

existing circumstances, and

(

d) with respect to the provision of that common property, as to

the application of any funds arising from a bond, a letter of credit or

other security that has been provided to secure the provision of that

common property.

(7) If

(

a) after the registration of one or more phases in respect of a

building or land that is being developed in phases the developer elects not

to or fails to proceed with one or more other phases that were to have been

included in the development, and

(

b) land, on which the phases not being proceeded with were to have

been located, remains part of the condominium plan,

the developer, the corporation or an interested party may apply to the

Court for an order removing the unused land from under the condominium

plan.

(8) In considering an application under subsection (7), the Court may

(

a) refuse to grant the order with respect to the land or a portion

of that land that is the subject of the application where the Court is

satisfied that the land or that portion of the land is required for the

purposes of properly finishing or otherwise completing the building or land

that is included in the phases that are registered;

(

b) where the Court is satisfied that the land or any portion of

that land that is the subject of the application is not required for the

purposes of properly finishing or otherwise completing the building or land

that is included in the phases that are registered, give directions

directing that that land or that portion of the land be removed from under

the condominium plan;

(

c) where the Court is satisfied that the land or any portion of

that land that is the subject of the application is required for the

purposes of properly finishing or otherwise completing the building or land

that is included in the phases that are registered, give directions

respecting the vesting of the title of that land or a portion of that land

in the name of the corporation or the owners of the units;

(

d) give any directions that the Court considers appropriate

respecting the transfer of any land that is the subject of the application,

the vesting of ownership in that land, the issuance, cancellation or

modification of any certificate of title to that land, the reallocation of

unit factors and any other matter relating to the transaction.

Court order terminating development

37 Notwithstanding anything in

section 36, where a building or land is to

be developed in phases and

(

a) the developer, before all the phases that make up the total

development are registered or are otherwise completed, is assigned into

bankruptcy, is adjudged bankrupt or has a receiver of its assets appointed,

(

b) the developer is unable or unwilling to register or otherwise

complete the project as required under this Part or in accordance with the

phased development disclosure statement,

the developer, the corporation or an interested party may apply to the

Court for an order terminating the development and giving directions or a

determination in respect of any matter arising out of the termination of

the development.

Registration of condominium plan

38(1) Where a plan is to be registered as a condominium plan under which a

building or land is to be developed in phases, the Registrar, on

registering the plan, must, in accordance with sections 3 and 4 of the Act,

(

a) in the case of the initial phase or phases that are included in

the initial registration of the plan, issue, in respect of the building or

land included in that phase or those phases, certificates of title for the

units, and

(

b) in the case of the remainder of the parcel that is not included

in the registered phase or phases referred to in clause (a), issue, in

respect of the parcel that is not included in the registered phase or

phases, one or more certificates of title for bare land units.

(2) A plan presented for registration as a condominium plan must,

with respect to the building or land that is included in the registered

phase or phases for which certificates of title are to be issued under

sections 3 and 4 of the Act, meet the requirements of sections 6 to 8 of

the Act.

Amendment to plan re subsequent phase

39(1) With respect to the registration of a subsequent phase, on

presentation to the Registrar of the appropriate documentation to amend the

condominium plan to include a subsequent phase, the Registrar is to amend

the condominium plan so that the units, the common property and any

reallocation of unit factors that are the subject of the amendment are

consolidated with the existing registered phases.

(2) An amendment to a condominium plan presented for registration under

this

section must, with respect to the building or land that is the subject

of that amendment, meet the requirements of sections 6 to 8 of the Act.

(3) On registering an amendment to a condominium plan under this section,

the Registrar is to

(

a) cancel the certificates of title to the bare land units that

were issued under

section 38(1)(

b) for the real property that is now to be

included in the building or land that is the subject of that amendment, and

(

b) issue new certificates of title in accordance with sections 3

and 4 of the Act with respect to the units that are included in the

building or land that is the subject of that amendment.

Restrictions on registration

40 Where an amendment is to be registered amending a condominium plan to

consolidate into the plan a subsequent phase, the Registrar is not to

register any documentation under which certificates of title are to be

issued in respect of that subsequent phase until the Registrar is provided

with a certificate of the developer in Form 11 certifying that the

amendment meets the criteria as set out in the phased development

disclosure statement.

Common property re amendment to plan

41 On the registration of an amendment to a condominium plan under

section 39, the common property included in that amendment becomes common

property for all of the phases that have been registered and the common

property in the previously registered phases becomes common property for

the phase for which the amendment was registered.

Operation of phases under the Act

42 The development in phases of a building or land under a condominium

plan must be carried out in a manner that,

(

a) on the registration of the first phase, enables that phase to

function and operate under the Act in the same manner as if all the units

and common property included in that phase were the only units and common

property that were going to be included in that condominium plan, and

(

b) on the registration of each subsequent phase, enables the most

recently registered subsequent phase and the previously registered phases

to function and operate under the Act in the same manner as if all the

units and common property included in the registered phases were the only

units and common property that were going to be included in that

condominium plan.

Sale of units

43 Where a building or land is to be developed in phases, a developer, in

addition to providing to a purchaser the information required under

sections 9 and 10 of the Act, must also provide to the purchaser a copy of

the phased development disclosure statement referred to in

section 35.

Convening of meeting and election of board

44 With respect to convening a meeting of the corporation for the purpose

of electing a board, on the registration of a condominium plan under which

a building or land is developed in phases,

section 24 of the Act applies to

the first phase in the same manner as if that phase contained the only

units and common property that are to be included in the condominium plan.

Easements

45(1) Where an easement is registered against a condominium plan under

which a building or land is being developed in phases, that easement is

deemed to be also registered against the certificate of title for

(

a) each unit then existing, and

(

b) each unit subsequently created when an amendment to the

condominium plan is registered for the purpose of consolidating a

subsequent phase into the condominium plan.

(2) Notwithstanding subsection (1), if an easement is registered against a

certificate of title of a unit and that easement does not affect the unit,

the Registrar may, on being satisfied that such is in fact the case,

discharge the easement from that certificate of title and endorse the

easement on the condominium plan.

PART 4

AMALGAMATION

Definitions

46 In this Part,

(a) "adjacent parcel" means 2 or more parcels that are adjoining or

are separated only by

(

i) a highway as defined in the Highway Traffic Act or

the successor to that Act,

(ii) a right of way for a pipeline,

(iii) a right of way for a public utility as defined in

section 1 of the Municipal Government Act,

(iv) a right of way for a railway, or

(v) 2 or more highways and rights of way referred to in

subclauses (

i) to (iv);

(b) "amalgamated condominium plan" means the condominium plan

created out of the amalgamation of 2 or more condominium plans;

(c) "amalgamated corporation" means the corporation created out of

the amalgamation of 2 or more corporations;

(d) "amalgamated parcel" means the parcel created out of the

amalgamation of 2 or more parcels;

(e) "amalgamating condominium plan" means a condominium plan that

is amalgamated, or is proposed to be amalgamated, with one or more other

condominium plans to create an amalgamated condominium plan;

(f) "amalgamating corporation" means a corporation that is

amalgamated, or is proposed to be amalgamated, with one or more other

corporations to create an amalgamated corporation;

(g) "amalgamating parcel" means a parcel that is amalgamated, or is

proposed to be amalgamated, with one or more other parcels to create an

amalgamated parcel.

Authority to amalgamate

47(1) Two or more adjacent parcels that are the subject of condominium

plans may, in accordance with this Part, be amalgamated so that the

amalgamating parcels become one amalgamated parcel.

(2) Where 2 or more adjacent parcels are amalgamated, the condominium

plans registered and the corporations existing in respect of each of those

amalgamating parcels are, in accordance with this Part, amalgamated so that

(

a) the amalgamating condominium plans become one amalgamated

condominium plan, and

(

b) the amalgamating corporations become one amalgamated

corporation.

Pre-amalgamation meeting

48(1) Where it is proposed that 2 or more adjacent parcels be amalgamated,

each amalgamating corporation shall convene a meeting of its owners for the

purpose of presenting to the owners the proposal respecting the

amalgamation of the parcels.

(2) A notice of a meeting convened under this

section must, at least 30

days before the day on which the meeting is to be held, be given to

(

a) all the owners, and

(

b) all registered mortgagees.

Amalgamation disclosure statement

49 Prior to or at the time of giving notice of a meeting under

section

48, the corporation must provide to the persons entitled to notice under

section 48 a copy of an amalgamation disclosure statement setting out at

least the following:

(

a) a description of the proposed amalgamated parcel;

(

b) a plan that sets out the location of buildings, structures,

roadways, walkways, parking areas, pools, patios and similar items located

on the proposed amalgamated parcel;

(

c) the method of selection of the board as provided for under the

proposed by-laws;

(

d) the proposed amalgamated condominium plan;

(

e) the current financial statement of each of the amalgamating

corporations, including the assets and liabilities of the amalgamating

corporations;

(

f) the proposed reallocation of unit factors;

(

g) the reserve funds of each of the amalgamating corporations;

(

h) the proposed amount of the reserve fund of the proposed

amalgamated corporation;

(

i) the proposed by-laws of the proposed amalgamated corporation;

(

j) the proposed new contributions, if any, that are to be levied

(

i) for the administrative expenses, and

(ii) for the reserve fund as defined in

section

21(1)(d),

of the proposed amalgamated corporation.

Resolutions of the owners

50(1) An amalgamation of parcels is not to take place unless a special

resolution of each corporation is in force

(

a) approving the amalgamation of the parcels, and

(

b) approving the proposed by-laws of the proposed amalgamated

corporation.

(2) A special resolution referred to in subsection (1) may include any

terms or conditions respecting the amalgamation

(

a) that must be met before the amalgamation may proceed, or

(

b) to which the amalgamation is subject.

(3) Where 2 or more amalgamating corporations pass special resolutions

referred to in subsection (1), the special resolutions are inoperative

unless the proposed by-laws approved by each of the special resolutions are

identical.

Registration

51(1) In order for an amalgamation of adjacent parcels to be registered,

the Registrar must be provided with

(

a) the documents, properly executed, setting out the special

resolutions passed in respect of each of the amalgamating parcels,

(

b) a plan showing the amalgamation of the amalgamating condominium

plans, and

(

c) the by-laws referred to in

section 50(1)(b).

(2) The plan referred to in subsection (1)(

b) must

(

a) set out the amalgamating condominium plans;

(

b) show the numbering and location of the units in relation to

each other and the common property;

(

c) include a table setting out

(

i) the old unit numbers and the new unit numbers,

(ii) the unit factors, and

(iii) the floor or ground area of the units;

(

d) set out the method by which the unit factors were calculated;

(

e) set out the address for service of the amalgamated corporation;

(

f) contain an acknowledgment by each of the amalgamating

corporations that the information contained in the plan is accurate;

(

g) set out the name of the person who prepared the plan;

(

h) set out any other information as may be required by the

Registrar.

(3) On the registration of the documents referred to in subsection (1),

the Registrar

(

a) must register a new amalgamated condominium plan that is

comprised of the amalgamating condominium plans;

(

b) must issue a new condominium plan number for the amalgamated

corporation;

(

c) must cancel the amalgamating condominium plans;

(

d) must cancel the existing certificate of title of each of the

owners and issue in the name of the owner a new certificate of title that

(

i) sets out the new unit factors applicable to that

unit, and

(ii) is subject to the encumbrances that were registered

against the certificate of title that was cancelled;

(

e) may add additional sheets to the amalgamated condominium plan

in order to contain the information relating to the amalgamated condominium

plan;

(

f) may make on the amalgamating condominium plans and amalgamated

condominium plan whatever notations that are required in the opinion of the

Registrar to give effect to the amalgamation.

(4) On the registration of the documents referred to in subsection (1),

(

a) the amalgamating parcels are amalgamated into one amalgamated

parcel,

(

b) the amalgamating condominium plans are amalgamated into one

amalgamated condominium plan,

(

c) the amalgamating corporations are amalgamated into one

amalgamated corporation under the name "Condominium Corporation No. ",

and

(

d) the proposed by-laws referred to in

section 50(1)(

b) become the

by-laws of the amalgamated corporation.

Amalgamated corporation

52(1) On the amalgamation of the amalgamating corporations into an

amalgamated corporation,

(

a) the boards of the amalgamating corporations cease to exist,

and

(

b) the persons who were the members of the boards of the

amalgamating corporations become the interim board of the amalgamated

corporation.

(2) The interim board holds office until a meeting of the amalgamated

corporation is convened and a board is elected.

Notification of amalgamation

53 On the amalgamation of 2 or more amalgamating parcels into an

amalgamated parcel, the amalgamated corporation must notify the following

persons of the amalgamation:

(

a) all the owners;

(

b) all the insurers who were insurers of the amalgamating

corporations;

(

c) all the creditors of the amalgamating corporations;

(

d) all the mortgagees who have mortgages registered against the

certificates of title to the units;

(

e) the municipal authority within which the amalgamating parcels

are located.

Meeting of corporation

54 Within 6 months from the day that the Registrar registers the

amalgamation of 2 or more amalgamating parcels, the amalgamated corporation

must, for the purpose of electing a board, convene a meeting of the persons

who are entitled under the Act to vote.

Capital replacement reserve fund

55 For the purposes of

Part 2,

(

a) where, with respect to an amalgamated corporation, one or more

of the amalgamating corporations existed immediately before September 1,

2000, the amalgamated corporation is considered to be a corporation that

came into existence before September 1, 2000, or

(

b) where, with respect to an amalgamated corporation, none of the

amalgamating corporations existed before September 1, 2000, the amalgamated

corporation is considered to be a corporation that came into existence on

or after September 1, 2000.

Assumption of obligations

56 On the amalgamation of 2 or more amalgamating corporations, the

amalgamated corporation

(

a) assumes all the obligations, rights and property of the

amalgamating corporations, and

(

b) becomes a party to any legal proceeding in existence at the

time of the amalgamation to which an amalgamating corporation was a party.

PART 5

MODIFICATION OF CONDOMINIUM PLANS

Application of

Part

57(1) This Part applies to a modification of a condominium plan provided

for under

section 15(1.1) of the Act.

(2) A reference in this Part to a plan of consolidation is a reference to

a plan of redivision under

section 15 of the Act under which 2 or more

units are consolidated into one consolidated unit.

Notification of consolidation of units

58(1) The owners who wish to consolidate 2 or more units into one

consolidated unit must

(

a) give notice of the proposed consolidation to the board and to

the holders of any interests registered against the certificates of title

to the units,

(

b) provide to the board any documentation and information that the

board may reasonably request that relates to the proposed consolidation,

(

c) if the external boundaries of the proposed consolidated unit

are to be different than the external boundaries of the existing units that

are being consolidated as shown on the existing condominium plan, provide

to the board a plan of consolidation provided by a land surveyor setting

out the location of the external boundaries of the proposed consolidated

unit,

(

d) provide to the board all the appropriate consolidation

documents and approvals, and

(

e) obtain the approval of the board for the consolidation.

(2) For the purposes of this section,

(

a) a reference to the external boundaries of the existing units is

a reference to the external boundaries other than those portions of those

boundaries that will, on the consolidation taking place, be contained

entirely within the consolidated unit, and

(

b) a reference to a land surveyor is a reference to a person

referred to in

section 8(1)(b)(

i) of the Act.

Common property

59 If common property is affected by the consolidation of the units,

section 40 of the Act applies in respect of the consolidation of the units

insofar as the consolidation affects the common property.

Registration of consolidation

60(1) On the registration

(

a) of a certificate in Form 12 indicating the board's approval of

the consolidation of the units, and

(

b) where required under

section 58, of the plan of consolidation

referred to in

section 58(1)(c),

the Registrar is to amend the condominium plan so that the units are

consolidated into one unit.

(2) Notwithstanding subsection (1), the Registrar shall not amend a

condominium plan unless any encumbrances registered against the

certificates of title to the units that are the subject of the

consolidation are identical or the holder of each encumbrance has given a

consent to the consolidation.

PART 6

INSURANCE

Perils to be insured against

61(1) For the purposes of

section 38(1)(a), (a.1) and (

b) of the Act, a

corporation must place and maintain insurance against the following perils:

(

a) fire;

(

b) leakage from fire protective equipment;

(

c) lightning;

(

d) smoke;

(

e) windstorm;

(

f) hail;

(

g) explosion of natural, coal or manufactured gas;

(

h) water damage caused by flood;

(

i) water damage caused by sewer back-up or the sudden and

accidental escape of water or steam from within a plumbing, heating,

sprinkler or air conditioning system or a domestic appliance that is

located within an insured building;

(

j) impact by aircraft, spacecraft, watercraft and land vehicles;

(

k) riot, vandalism or malicious acts;

(

l) any other perils as required in the by-laws.

(2) Notwithstanding subsection (1), in respect of a bare land unit, a

corporation is, unless the by-laws provide otherwise, required to place and

maintain insurance against only those perils referred to in subsection (1)

(

a) to which the bare land unit may be at risk, or

(

b) to which the property for which the corporation is responsible

may be at risk.

(3) Notwithstanding subsection (1)(h), for the purposes of

section

38(1)(a), (a.1) and (

b) of the Act the peril referred to in subsection

(1)(

h) is excluded where coverage against that peril is not available for

the property being insured.

(4) The perils referred to in subsection (1)(

a) to (

k) refer to those

perils covered by standard insurance policies and as customarily understood

in the insurance industry.

Amount of insurance

62 Property that is insured as required pursuant to

section 38 of the Act

must be insured for replacement value subject to any reasonable deductible

that is agreed to by the board and the insurer.

PART 7

PURCHASER'S PROTECTION PROGRAMS

Definitions

63 In this Part,

(a) "common property" means common property to which

section 11 of

the Act applies;

(b) "cost consultant" means a cost consultant referred to in

section 11(1)(

b) of the Act;

(c) "program provider" means a person who operates a purchaser's

protection program;

(d) "purchaser's protection program" means a plan, agreement,

scheme or arrangement that meets the requirements referred to in

section

Application of

Part

64(1) This Part applies only to loss by a purchaser resulting from a

developer's failure to complete the construction of units and the related

common property or either of them.

(2) Nothing in this

Part is to be construed so as to limit or restrict the

rights of a purchaser under a purchase agreement or that the purchaser

otherwise has at law.

Approval of Minister

65 The Minister will only consider a purchaser's protection program for

approval under

section 11(10) of the Act if that program meets the

requirements of this Part.

Purchaser's protection program having general application

66(1) Once a purchaser's protection program that is intended to be of

general application is approved by the Minister, any developer who comes

under that program may apply that program in respect of any of that

developer's property that is governed by the Act if that property is

enrolled in that program.

(2) Notwithstanding subsection (1), if after a purchaser's protection

program is approved by the Minister a significant change is to be made to

that program, that change must be approved by the Minister under

section

11(10) of the Act before it is incorporated into that program.

(3) A purchaser's protection program referred to in subsection (1) is not

to be applied in respect of any property that is governed by the Act until

there has been published in

Part I of The Alberta Gazette

and

(

b) a notice of the approval of the program by the Minister.

Requirements of a purchaser's protection program

67(1) In this section, "purchase money" means all or any portion of the

money paid to a developer by a purchaser for the purchase of a unit.

(2) In order to qualify as a purchaser's protection program that may be

approved by the Minister under

section 11(10) of the Act, the program must

(

a) a plan, agreement, scheme or arrangement that,

(

i) in respect of a unit being purchased, provides for

the receipt, handling and disbursement of the purchase money and under

which the money is to be paid to and held by a third party and is to be

disbursed by that third party to the developer, based on the progress of

construction of the unit and the related common property as determined by a

cost consultant, and

(ii) provides for the refund to the purchaser of

undisbursed purchase money in the event of the developer's failure to

complete the construction of the unit or the related common property or

both,

(

b) a plan, agreement, scheme or arrangement that provides for an

indemnity under which the program provider agrees to indemnify a purchaser

of a unit against the loss of the purchaser's money, where that loss is

incurred as a result of the developer's failure to complete the

construction of the unit or the related common property or both, or

(

c) a plan, agreement, scheme or arrangement that provides for the

program provider, at the option of the program provider, to either

(

i) refund to the purchaser of a unit the purchase

money, where the purchaser suffers loss as a result of the developer's

failure to complete the construction of the unit or the related common

property or both in accordance with the purchase agreement, or

(ii) complete the unit and its proportionate share of

the related common property in accordance with the purchase agreement where

the unit and the related common property have not been completed as a

result of the developer's failure to complete the construction of the unit

or the related common property or both in accordance with the purchase

agreement.

(3) A purchaser's protection program referred to in subsection (2) is

subject to the terms, conditions, exceptions, exclusions and limitations

approved by the Minister as set out in the certificate issued under

section

Form of purchaser's protection program

68 A purchaser's protection program may be in the form of a warranty

program, an irrevocable letter of credit, a performance bond, a bond or a

similar financial instrument issued by a financial institution, insurance

company or a program provider, as the case may be.

Certificate of sponsor

69(1) A purchaser's protection program must provide that where a purchaser

enters into a purchase agreement with a developer for the purchase of a

unit, the program provider must, subject to subsection (2), provide to the

purchaser a certificate setting out at least the following:

(

a) that the purchaser's protection program, together with any

amendments to it, has been approved by the Minister in accordance with the

Act and this Regulation;

(

b) the name and address of the program provider;

(

c) that the developer is enrolled under the program;

(

d) that the property being purchased is enrolled in the program;

(

e) the date on which the benefits provided for under the program

take effect;

(

f) the date on which the benefits provided for under the program

terminate or the method by which that date is fixed or is to be fixed;

(

g) in the case of a purchaser's protection program of the type

referred to in

section 67(2)(a),

(

i) the name of the party responsible for the receipt,

handling and disbursement of the money,

handling and disbursement of the money, and

(iii) any exceptions or exclusions that would limit the

liability of the sponsor, including, without restriction, any monetary

limits or time limits;

(

h) in the case of a purchaser's protection program of the type

referred to in

section 67(2)(

b) or (c),

(

i) the circumstances under which the purchaser's

protection program may be relied on, and

(ii) any exceptions or exclusions that would restrict a

purchaser's ability to rely on the purchaser's protection program,

including, without restriction, any monetary limits or time limits.

(2) A program provider must provide a certificate under subsection (1) to

a purchaser forthwith after the program provider has been notified that the

purchase agreement has been entered into.

PART 8

AMENDMENT OF CONDOMINIUM PLANS

To be amended in accordance with this

Part

70 Except as otherwise provided for under the Act or this Regulation, a

condominium plan may only be amended in accordance with this Part.

Amendments by corporations

71(1) A corporation may register an amendment to a condominium plan to

amend that condominium plan if the following requirements have been

complied with:

(

a) a special resolution of the corporation has been passed and is

in force approving the amendment;

(

b) in the case of an amendment that relates to

(

i) any alteration of the boundaries of the parcel, the

amendment is endorsed with or accompanied by a certificate of a land

surveyor stating

(

A) that the altered boundaries have been

established or re-established in accordance with the Surveys Act, and

(

B) that there are not any projections from

other property infringing on the altered boundaries or, if there are

projections from other property infringing on the altered boundaries, an

appropriate easement exists in respect of the parcel for those projections,

(ii) a change to the location of a building or a portion

of a building as shown on the condominium plan, the amendment is endorsed

with or accompanied by a certificate of a land surveyor stating that the

building or a portion of the building as shown on the condominium plan as

amended is within the external boundaries of the parcel that is the subject

of the condominium plan and, if any projections project beyond those

external boundaries, that an appropriate easement has been granted as an

appurtenance to the parcel;

(

c) in the case of an amendment that relates to a change in the

units, the amendment is endorsed with or accompanied by a certificate of an

architect, engineer or land surveyor stating that the change to the units

as provided for in the amendment has in fact taken place or will become

effective on the registration of the amendment;

(

d) in the case of an amendment that relates to a change in the

common property, the amendment is endorsed with or accompanied by a

certificate of an architect, engineer or land surveyor stating that the

change to the common property as provided for in the amendment has in fact

taken place or will become effective on the registration of the amendment;

(

e) in the case of an amendment that relates to a matter that needs

the approval of the municipal authority, the amendment is endorsed with or

accompanied by a certificate of the municipal authority or of a person

designated by the municipal authority stating that the approval has been

given by the municipal authority;

(

f) the Court has by an order made under subsection (5) approved

the amendment;

(

g) that any conditions imposed by the Court under subsection

(5) have been complied with.

(2) For the purpose of amending a condominium plan under this section,

the corporation may apply to the Court for an order approving the amendment

to the condominium plan.

(3) Where the corporation applies for an order approving an amendment, the

corporation must, unless otherwise directed by the Court, give notice of

the application to the owners and to each holder of a registered

encumbrance.

(4) Where the Court is of the opinion that the nature of the amendment to

the condominium plan is such that a certificate required under subsection

(1) is not necessary, the Court may waive that requirement.

(5) On an application under subsection (2), the Court may, if it is

satisfied that the interests of the persons to whom notice of the

application is given will not be unfairly prejudiced, make an order

(

a) approving the amendment to the condominium plan;

(

b) imposing any conditions in respect of the order that the Court

considers appropriate in the circumstances;

(

c) awarding costs in respect of the application.

(6) On presentation of the order of the Court made under subsection (5),

the Registrar is to amend the condominium plan in accordance with the

order.

Doors and windows

72(1) In this section, "doors and windows" means doors and windows as

referred to in

section 7(2.1) of the Act.

(2) Notwithstanding

section 7(2) of the Act or

section 71 of this

Regulation, if

(

a) immediately prior to September 1, 2000 the doors and windows of

a unit that are located on the exterior walls of the unit were part of the

unit, and

(

b) by virtue of

section 7(2) of the Act, on September 1, 2000 the

doors and windows referred to in clause (

a) became part of the common

property,

the corporation before September 1, 2002 may, by a special resolution,

amend the condominium plan so that doors and windows referred to in clause

(

b) cease being part of the common property and become a part of the unit.

(3) On presentation of a special resolution passed pursuant to subsection

(2), the Registrar is to amend the condominium plan so that the doors and

windows that are the subject of the special resolution are part of the

unit.

Documen-

tation must be completed

73 Where this Regulation or the Act provides that a condominium plan may

be amended, the Registrar is to amend the condominium plan on being

provided with the appropriate documentation that is completed in a manner

acceptable to the Registrar.

PART 9

MISCELLANEOUS

Fees under the Land Titles Act

74 The fees payable to the Registrar in respect of matters under the Act

are the fees payable to the Registrar under the Tariff of Fees Regulation

(AR 120/2000) or as otherwise provided for under an enactment.

Fee payable to a municipality

75 A municipal authority may require the payment of a fee of not more

than $40 per unit when application is made to the municipal authority for

the certificate referred to in

section 8(1)(b)(ii) of the Act.

Rate of interest re contributions

76 The rate of interest that may be charged by a corporation under

section 32 of the Act on any unpaid balance of a contribution owing to the

corporation by an owner shall not be greater than 18% per annum.

Mediation and arbitration

77 If the parties to a dispute referred to in

section 61.1 of the Act

wish to deal with the dispute under

section 61.1 of the Act but are unable

to agree on a mediator or an arbitrator, as the case may be, the Alberta

Arbitration and Mediation Society is, subject to any agreement between the

parties, authorized to appoint a person as a mediator or an arbitrator in

respect of that dispute.

Builders' liens

78 For the purposes of

section 70(2) of the Act, on the registration of a

statement of lien against a condominium plan, the Registrar must send a

notice of that registration to the corporation but is not required to send

notice of that registration to the owners of the units.

PART 10

TRANSITIONAL PROVISIONS, REPEALS,

EXPIRY AND COMING INTO FORCE

Transitional provisions re insurance

79(1) For the purposes of

section 38(1)(a), (a.1) and (

b) of the Act, a

corporation must before March 1, 2001 place insurance against the perils

referred to in

section 61(1)(

a) to (l).

(2) Notwithstanding subsection (1), if a corporation carries insurance

under an existing insurance policy issued in respect of matters referred to

section 38(1)(a), (a.1) and (

b) of the Act as those provisions read

immediately before being amended by the Condominium Property Amendment Act,

1996, the corporation may continue to carry that insurance until the

renewal date of that policy, at which time the corporation must, for the

purposes of

section 38(1)(a), (a.1) and (

b) of the Act, place insurance

against the perils referred to in

section 61(1)(

a) to (l).

Repeal

80 The General Regulation (AR 89/85) is repealed.

Expiry

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

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

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

on September 1, 2005.

Coming into force

82 This Regulation comes into force on September 1, 2000.

S C H E D U L E

FORM 1

Condominium Property Act

Section 6(1)(f), (f.1) and (

g) Schedule of Unit Factors and Areas

Unit Number Unit Factor Approximate

Floor Area

(Or Approximate Ground Area of Unit, in the

case of bare land units)

================================================

================================================

Total

The basis for determining unit factors is as follows:

FORM 2

Condominium Property Act

Section 11 of the Condominium Property Regulation

Certificate of Title

THIS IS TO CERTIFY that is the owner of an estate

(describe nature of estate) in Unit No. in Condominium Plan No.

and shares in the common property, excepting thereout all mines and

minerals, and is subject to the encumbrances, liens and interests endorsed

on this certificate of title and on the Condominium Plan, or which may

hereafter be made in the register.

In witness whereof I have subscribed my name and affixed my official

seal this day of , .

(Registrar)

FORM 3

Condominium Property Act

Section 26

Notice of Change of By-laws

Condominium Corporation No. hereby certifies that, by a special

resolution passed on , the by-laws of the corporation were

added to, amended or repealed as follows:

(set out terms of

resolution)

The seal of Condominium Corporation No. was affixed on

in the presence of ___________________________.

Director (Corporate Seal)

FORM 4

Condominium Property Act

Section 40(4)

Certificate of Corporation

Condominium Corporation No. hereby certifies that the owners of the

units in the condominium plan have, by special resolution properly passed,

directed the corporation to execute the instrument hereunder recited and

that all persons having registered interests in the parcel and all other

persons having interests (other than statutory interests) which have been

notified to the corporation have consented in writing to the release of

those interests in respect of the land comprised in the instrument+ and the

instrument conforms with the terms of that resolution.

# Instrument dated to of .

The seal of Condominium Corporation No. was affixed on in

the presence of _______________________________.

___________________

Director (Corporate Seal)

+ If, in the case of a lease, interested parties have approved in

writing of the execution of the lease but have not consented in writing to

the release of their interests in respect of the demised land, delete the

words "have consented in writing to the release of those interests in

respect of the land comprised in the instrument" and substitute the words

"have approved in writing of the instrument".

# Insert a description of the nature and date of the instrument, the

names of the parties to it and a brief description of the land disposed of.

FORM 5

Condominium Property Act

Section 53(1)

Notice of Termination of Condominium Status

Condominium Corporation No. hereby certifies that the condominium

status of the building or parcel has been terminated.

Annexed hereto is

+ a certified copy of the special resolution of the owners pursuant

section 51 of the Condominium Property Act.

# a certified copy of the order made by the Court of Queen's Bench

pursuant to

section 52 of the Condominium Property Act.

The seal of