Alberta Gazette — 15 June (ii)
0615 ii
Alberta — Gazette
Alberta Regulation 101/95
Health Insurance Premiums Act
HEALTH INSURANCE PREMIUMS AMENDMENT REGULATION
Filed: May 17, 1995
Made by the Lieutenant Governor in Council (O.C. 381/95) pursuant to
section 2 of the Health Insurance Premiums Act.
1 The Health Insurance Premiums Regulation (Alta. Reg. 217/81) is amended
by this Regulation.
2 The
Schedule is amended
(
a) in
section 1 by striking out "32.00" and substituting "34.00";
(
b) in
section 2 by striking out "64.00" and substituting "68.00";
(
c) in
section 3 by striking out "25.60" and substituting "27.20";
(
d) in
section 4 by striking out "51.20" and substituting "54.40";
(
e) in
section 5 by striking out "19.20" and substituting "20.40";
(
f) in
section 6 by striking out "38.40" and substituting "40.80";
(
g) in
section 7 by striking out "12.80" and substituting "13.60";
(
h) in
section 8 by striking out "25.60" and substituting "27.20";
(
i) in
section 8.1 by striking out "6.40" and substituting "6.80";
(
j) in
section 8.2 by striking out "12.80" and substituting
"13.60".
3 This Regulation comes into force on July 1, 1995.
Alberta Regulation 102/95
Municipal Government Act
TRANSITIONAL AMENDMENT REGULATION
Filed: May 17, 1995
Made by the Minister of Municipal Affairs (M.O. A:002/95) pursuant to
section 617 of the Municipal Government Act.
1 The Transitional Regulation (Alta. Reg. 372/94) is amended by this
Regulation.
2 The following is added after
section 20.4:
Authority to sit as member of Alberta Assessment Appeal Board
20.5 A person appointed as a member of the Municipal Government
Board under
section 486(1) of the new Act may sit as a member of the
Alberta Assessment Appeal Board for the purpose of hearing appeals under
section 635 of the new Act.
------------------------------
Alberta Regulation 103/95
Mines and Minerals Act
PRESCRIBED AMOUNTS (PETROLEUM ROYALTY)
AMENDMENT REGULATION
Filed: May 17, 1995
Made by the Minister of Energy (M.O. 19/95) pursuant to
section 1.1 of the
Petroleum Royalty Regulation (Alta. Reg. 248/90).
1 The Prescribed Amounts (Petroleum Royalty) Regulation (Alta. Reg.
47/93) is amended by this Regulation.
2 The following is added after
section 30:
31 The following are prescribed for the month of May, 1995:
(
a) the old non-heavy oil par price is $161.00 per
cubic metre;
(
b) the old heavy oil par price is $129.00 per cubic
metre;
(
c) the new non-heavy oil par price is $161.00 per
cubic metre;
(
d) the new heavy oil par price is $129.00 per cubic
metre;
(
e) the third tier non-heavy oil par price is $161.00
per cubic metre;
(
f) the third tier heavy oil par price is $129.00 per
cubic metre;
(
g) the old non-heavy oil royalty factor is 3.004636;
(
h) the old heavy oil royalty factor is 3.033975;
(
i) the new non-heavy oil royalty factor is 3.040181;
(
j) the new heavy oil royalty factor is 3.037929;
(
k) the third tier non-heavy oil royalty factor is
3.053160;
(
l) the third tier heavy oil royalty factor is
3.108799;
(
m) the old non-heavy oil select price is $25.54 per
cubic metre;
(
n) the old heavy oil select price is $25.54 per cubic
metre;
(
o) the new non-heavy oil select price is $81.40 per
cubic metre;
(
p) the new heavy oil select price is $54.91 per cubic
metre;
(
q) the third tier non-heavy oil select price is
$116.83 per cubic metre;
(
r) the third tier heavy oil select price is $116.83
per cubic metre.
Alberta Regulation 104/95
Meat Inspection Act
MEAT INSPECTION ACT FEES AMENDMENT REGULATION
Filed: May 18, 1995
Made by the Minister of Agriculture, Food and Rural Development (MO 12/95)
pursuant to
section 12 of the Meat Inspection Act.
1 The Meat Inspection Act Fees Regulation (Alta. Reg. 119/90) is amended
by this Regulation.
Section 2 is repealed and the following is substituted:
Inspection service fees
2 An inspector who provides inspection services under the Meat
Inspection Regulation (Alta. Reg. 51/73) is entitled to charge the operator
of the abattoir fees in accordance with the following:
(a) $4 per hour or part of an hour, to a maximum of 10
hours per day;
(b) $40 per hour or part of an hour in excess of 10
hours per day;
(c) $40 per hour or part of an hour in the case of an
inspection pursuant to a special arrangement under
section 65 of the
regulation.
3 This Regulation comes into force on June 1, 1995.
Alberta Regulation 105/95
Municipal Government Act
TRANSITIONAL AMENDMENT REGULATION
Filed: May 19, 1995
Made by the Minister of Municipal Affairs (M.O. L:255/95) pursuant to
section 617 of the Municipal Government Act.
1 The Transitional Regulation (Alta. Reg. 372/94) is amended by this
Regulation.
2 The following is added after
section 13:
Public vote bylaws
13.1(1) In this section, "public vote bylaw" means a bylaw passed in
1990, 1991, 1992, 1993 or 1994 under
section 125 of the former Municipal
Government Act as a result of a vote of the electors.
(2) For the purposes of applying
section 240(1)(
b) of the new Act to
a public vote bylaw, the reference to "3 years" in
section 240(1)(
b) is
deemed to be a reference to "5 years".
(3) This
section ceases to apply to a public vote bylaw 5 years from
the date that the bylaw was passed.
(4) This
section does not affect the validity of a bylaw that amends
or repeals a public vote bylaw if the amendment or repeal was passed in
accordance with the new Act between January 1, 1995 and the coming into
force of this section.
Alberta Regulation 106/95
Mines and Minerals Act
PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY)
AMENDMENT REGULATION
Filed: May 26, 1995
Made by the Acting Deputy Minister of Energy (M.O. 20/95) pursuant to
section 6 of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93).
1 The Prescribed Amounts (Natural Gas Royalty) Regulation (Alta. Reg.
36/95) is amended by this Regulation.
Section 4 is amended by adding the following after subsection (3):
(4) The following prices are prescribed for the March 1995
production month:
Item Price
Gas Reference Price $ 1.20 per gigajoule
Gas Par Price $ 1.25 per gigajoule
Pentanes Reference Price $157.33 per cubic metre
Pentanes Par Price $151.50 per cubic metre
Propane Reference Price $ 80.32 per cubic metre
Butanes Reference Price $ 98.39 per cubic metre
Section 5 is amended by adding the following after subsection (3):
(4) The following allowances per cubic metre are prescribed for the
March 1995 production month:
Item Price
Fractionation Allowance $8.50
Transportation Allowance Region Region Region Region
1 2 3 4
(
a) pentanes plus described in s6(7)(b)(
i) of the Natural Gas
Royalty Regulation, 1994 (Alta. Reg. 351/93)
$ 4.17 $ 4.29 $ 8.47 $ 6.40
(
b) propane and butanes described in s6(7)(b)(ii) of the Natural
Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)
$ 5.81 $ 7.04 $21.94 $ 2.26
(
c) pentanes plus, propane and butanes described in s6(7)(b)(iii)
of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)
$ 4.75 $ 8.53 $ 8.34 $11.34
Storage Allowance for pentanes plus, propane and butanes
$0.00
------------------------------
Alberta Regulation 107/95
Workers' Compensation Act
WORKERS' COMPENSATION AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 391/95) pursuant to
section 147 of the Workers' Compensation Act.
1 The Workers' Compensation Regulation (Alta. Reg. 427/81) is amended by
this Regulation.
2 Sections 21, 22 and 23 are repealed.
3 This Regulation comes into force on June 1, 1995.
Alberta Regulation 108/95
Alberta Corporate Tax Act
ALBERTA CORPORATE TAX AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 392/95) pursuant to
section 56 of the Alberta Corporate Tax Act.
1 The Alberta Corporate Tax Regulation (Alta. Reg. 105/81) is amended by
this Regulation.
2(1)
Section 5.2 is repealed and the following is substituted:
5.2(1) The specified rate for the period ending March 31, 1995 is
73.56%.
(2) The specified rate for the period ending June 30, 1995 is
73.47%.
(3) The Minister of Energy may by order, in respect of each period
after June 30, 1995, prescribe an amount as the royalty tax credit
reference price for that period.
(4) The specified rate for a period after June 30, 1995,
(
a) if the royalty tax credit reference price is $100
or less, is 0.75;
(
b) if the royalty tax credit reference price is more
than $100 but $140 or less, is an amount determined by the following
formula:
0.75 - (2/40) X (royalty tax credit reference price - $100)
(
c) if the royalty tax credit reference price is more
than $140 but $210 or less, is an amount determined by the following
formula:
0.73 - (48/70) X (royalty tax credit reference price - $140)
(
d) if the royalty tax credit reference price is more
than $210, is 0.25.
(5) The weighted average rate for a taxation year is the aggregate
of the amounts that are the product obtained when the specified rate for a
period, all or part of which falls in the taxation year, is multiplied by
the proportion that the number of days in the taxation year that are in
that period is of the total number of days in the taxation year.
(6) The moving average of the specified rates at the end of a
particular month in a taxation year is the aggregate of the amounts that
are the product obtained when the specified rate for a period, all or part
of which falls in the taxation year on or before the end of the month, is
multiplied by the proportion that the number of days in the period to the
end of the month is of the number of days in the taxation year to the end
of the month.
(2) Subsection (1) applies after December 31, 1994.
------------------------------
Alberta Regulation 109/95
Financial Administration Act
EXEMPTION AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 393/95) pursuant to
section 2 of the Financial Administration Act.
1 The Exemption Regulation (Alta. Reg. 269/94) is amended by this
Regulation.
Section 3(1) is amended by striking out "22, 36".
3 Schedules A, B and C are repealed and Schedules A, B and C to this
Regulation are substituted.
4 This Regulation comes into force on June 1, 1995.
SCHEDULE A
Fund Administrator
Regulated Fund
Exempt from
An improvement district advisory council to whom the Minister has delegated
his powers, duties or functions under
section 10 of the Improvement
Districts Act
Funds held pursuant to
section 10 of the Improvement Districts Act
sections 32(6), 37 and 38
Board of Administrators under the Teachers' Retirement Fund Act
Teachers' Retirement Fund
sections 32(6), 37 and 38
Minister charged with the administration of the Interprovincial Lottery Act
Lottery Fund
the whole Act
Public Trustee
Any common fund under
section 25 of the Public Trustee Act
Sections 5(1), 27, 31, 32(6), 37, 38, 79(1), 80(1), 82, 84 and 85
Public Trustee and Deputy Provincial Treasurer
Any special reserve fund under
section 27 of the Public Trustee Act
sections 5(1), 27, 31, 32(6), 37, 38, 79(1), 80(1), 82, 84 and 85
SCHEDULE B
Provincial Agency
Agriculture Financial Services Corporation
The Alberta Education Communications Corporation
The Alberta Foundation for the Arts
The Alberta Government Telephones Commission
The Alberta Historical Resources Foundation
Alberta Intermodal Services Ltd.
Alberta Liquor Control Board
Alberta Municipal Financing Corporation
Alberta Petroleum Marketing Commission Operating Fund
Alberta Racing Commission
Alberta Resources Railway Corporation
Alberta Securities Commission
Alberta Social Housing Corporation
Alberta Special Waste Management Corporation
Alberta Sport, Recreation, Parks and Wildlife Foundation
Energy Resources Conservation Board
Foundations established under the Advanced Education Foundations Act
The Government House Foundation
Natural Resources Conservation Board
The Tire Recycling Management Board
Wild Rose Foundation
The Workers' Compensation Board
542936 Alberta Ltd.
SCHEDULE C
Provincial Agency
Exempt From
Alberta Insurance Council
sections 37 and 38
Alberta Oil Sands Technology and Research Authority
section 79
Alberta Opportunity Company
sections 27, 37, 38, 73 and 74
Alberta Petroleum Marketing Commission - Marketing account and Natural Gas
Pricing Agreement Act Fund
sections 5(10), 27, 31, 37, 38, 79(1), 80(1), 82, 84 and 85
Credit Union Deposit Guarantee Corporation
(
i) sections 37 and 38
(ii)
section 45(1) where the Provincial Treasurer has fixed a rate of
interest to be paid or has specified that no interest shall be paid on
advances described in
section 45(1) if the interest, if any, on those
advances is paid at the rate fixed by the Provincial Treasurer
Glenbow-Alberta Institute
sections 5(1), 27, 31, 37, 38, 79(1), 80(1), 82, 84 and 85
Joint Standards Directorate established under the Chartered Accountants
Act, the Certified General Accountants Act and the Certified Management
Accountants Act
the whole Act
N.A. Properties
(1994) Ltd.
(
i) sections 37 and 38
(ii)
section 45(1) where the Provincial Treasurer has fixed a rate of
interest to be paid or has specified that no interest shall be paid on
advances described in
section 45(1) if the interest, if any, on those
advances is paid at the rate fixed by the Provincial Treasurer
SC Financial Ltd.
(
i) sections 37 and 38
(ii)
section 45(1) where the Provincial Treasurer has fixed a rate of
interest to be paid or has specified that no interest shall be paid on
advances described in
section 45(1) if the interest, if any, on those
advances is paid at the rate fixed by the Provincial Treasurer
540540 Alberta Ltd.
sections 37 and 38
A corporation that is a subsidiary of the Alberta Government Telephones
Commission or that is controlled by the Alberta Government Telephones
Commission directly or indirectly through one or more intermediary
corporations
sections 3 to 5; sections 8 to 11; sections 13 to 16; sections 18 to 22;
sections 24 to 26; sections 28 to 44;
section 45(3); sections 46 to 76.1;
sections 78 to 80;
section 81(1) with respect to shareholder advances
secured by securities or with respect to loans from a bank, trust company,
of a province; sections 82, 82.1 and 82.2; sections 84 to 93
------------------------------
Alberta Regulation 110/95
Insurance Act
CERTIFICATES OF AUTHORITY AND ADJUSTERS' CERTIFICATES
AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 398/95) pursuant to
section 22 of the Insurance Act.
1 The Certificates of Authority and Adjusters' Certificates Regulation
(Alta. Reg. 32/89) is amended by this Regulation.
2 The title of the Regulation is repealed and the following is
substituted:
INSURANCE AGENTS AND ADJUSTERS REGULATION
Section 1 is amended
(
a) by renumbering it as
section 1(1);
(
b) in subsection (1)
(
i) by renumbering clause (
a) as clause (a.1) and by
adding the following before clause (a.1):
(a) "accident and sickness certificate"
means a certificate of authority to act as an accident and sickness agent;
(ii) by adding the following after clause (a.1):
(a.2) "direct writing agent" means a general
insurance agent who is directly or indirectly employed by or represents an
insurer that restricts its agents from acting for any other insurer as
general insurance agents for the same class of insurance;
(iii) by adding the following after clause (b):
(c) "general insurance agent" means an
insurance agent for general insurance;
(d) "general insurance certificate" means a
certificate of authority to act as a general insurance agent;
(e) "life insurance certificate" means a
certificate of authority to act as a life insurance agent.
(
c) by adding the following after subsection (1):
(2) References in this Regulation to the level of a certificate are
references to the level specified in
section 3(1.1), 4(1.1) or 5(3),
depending on which type of certificate it is.
Section 2 is amended
(
a) by renumbering clause (
a) as clause (a.1) and by adding the
following before clause (a.1):
(
a) an individual who holds a Level 1 adjuster's
certificate may only act as an adjuster if he is subject to the direct
supervision of an adjuster who works from the same location and who holds a
Level 4 or 5 adjuster's certificate,
(
b) in clause (a.1)
(
i) by striking out "1,";
(ii) by adding "or 5" after "4";
(
c) in clause (b)
(
i) by striking out "that individual" and substituting
"the holder of the Level 1, 2 or 3 adjuster's certificate, as the case may
be,";
(ii) by adding "or 5" after "4".
Section 3 is amended
(
a) by repealing subsection (1) and substituting the following:
Life and accident and sickness insurance certificates
3(1) This
section applies to an applicant for a life insurance
certificate or an accident and sickness certificate.
(1.1) An individual may apply for a life insurance certificate at
one, and only one, of the following levels:
(
a) Level 1 - restricted life insurance agent;
(
b) Level 2 - life insurance agent or designated
representative and life insurance agent.
(1.2) A Level 1 life insurance certificate must prohibit its holder
from
(
a) acting for any insurer other than the insurer for
whom that holder is an agent, except in accordance with
section 516(3) of
the Act, and
(
b) completing any replacement of a contract within the
meaning of the Replacement of Life Insurance Contracts Regulation (Alta.
Reg. 63/90) unless the disclosure form required by that Regulation is
countersigned by a Level 2 life insurance certificate holder.
(1.3) Accident and sickness certificates are accident and sickness
insurance agent or accident and sickness designated representative and
insurance agent certificates, and are not divided into levels.
(
b) in subsection (2)(
a) by adding "with respect to the level of
certificate, where applicable, being applied for" after "Regulation".
Section 4 is amended
(
a) by repealing subsection (1) and substituting the following:
General insurance certificate
4(1) This
section applies to an applicant for a general insurance
certificate.
(1.1) An individual may apply for a general insurance certificate at
one, and only one, of the following levels:
(
a) Level 1 - probationary general insurance agent;
(
b) Level 2 - general insurance agent;
(
c) Level 3 - general insurance designated
representative.
(
b) in subsection (3) by striking out "certificate for general
insurance" and substituting "general insurance certificate";
(
c) in subsection (7)(
b) by striking out "certificates applicable
to general insurance" and substituting "general insurance certificates";
(
d) by adding the following after subsection (7):
(8) A direct writing agent shall not use the word "broker" in any
dealings with the public.
Section 5(3) is amended
(
a) by striking out "only 1 of the following levels of adjuster's
certificate" and substituting "an adjuster's certificate at one, and only
one, of the following levels";
(
b) in each of clauses (
a) to (
e) by capitalizing the letter "l" in
the word "level".
Section 6 is amended
(
a) in subsection (1) by striking out "certificate of authority to
act as a life insurance agent" and substituting "Level 1 life insurance
certificate";
(
b) by adding the following after subsection (1):
(1.1) A person is not eligible to apply for a Level 2 life
insurance certificate unless he has held a Level 1 life insurance
certificate or a certificate of authority to write life insurance issued
before the commencement of this subsection, or a combination of both, for
at least 2 years and has successfully completed the course or passed an
examination referred to in subsection (3).
(
c) in subsection (2) by striking out "a certificate of authority
to act as an agent to sell accident and sickness insurance" and
substituting "an accident and sickness certificate";
(
d) by adding the following after subsection (2):
(2.1) A person who, after the commencement of this subsection, fails
the examination referred to in subsection (1) or (2) is allowed to rewrite
that examination 2 further times at any time, but a 3rd or subsequent
rewriting is not allowed unless a period of at least 6 months has elapsed
since the date of the previous rewriting.
(
e) by adding the following after subsection (3):
(3.1) An individual is not eligible to be designated or to act as
the representative of a firm, partnership or corporation under
section
508(3) of the Act unless he meets the qualifications for a Level 2
certificate.
Section 7(1) is repealed and the following is substituted:
Educational qualifications for general insurance agents
7(1) A person is not eligible to apply for a Level 1 probationary
general insurance certificate for any class of insurance unless within the
previous 12 months he has passed the Level 1 General Insurance Agent's
Qualifying Examination or another examination approved by the
Superintendent with respect to that class of insurance.
(1.1) A person is not eligible to apply for a Level 2 general
insurance certificate unless within the previous 12 months he has passed
the 2nd level general insurance examination for personal or commercial
lines, as the case may be, approved by the Superintendent.
(1.2) A person who, after the commencement of this subsection,
fails the examination referred to in subsection (1) or (1.1) is allowed to
rewrite that examination 2 further times at any time, but a 3rd or
subsequent rewriting is not allowed unless a period of at least 6 months
has elapsed since the date of the previous rewriting.
(1.3) A person may elect to write either examination referred to in
subsection (1.1) at each attempt, but subsection (1.2) applies as if the
same examination were being attempted each time.
(1.4) A person applying for the Level 2 general insurance
certificate must have held the Level 1 general insurance certificate or met
the requirements for the Level 1 general insurance certificate at any time
within the previous 12 months.
(1.5) If a person who holds the Level 1 general insurance
certificate does not qualify for the Level 2 general insurance certificate
within 36 months after receiving the Level 1 general insurance certificate,
the Superintendent shall revoke the Level 1 certificate, and that person is
ineligible to reapply for the Level 1 certificate until one year after the
revocation.
(1.6) A person who applies for the Level 3 general insurance
certificate must
(
a) have responsibility for the management and
supervision of a general insurance agency,
(
b) have established eligibility for the Level 2
general insurance certificate within the previous 12 months, and
(
c) have had at least 24 months' experience in general
insurance within the previous 36 months.
Section 8(4) is amended
(
a) in clause (
b) by striking out "consecutive";
(
b) by repealing clause (
c) and substituting the following:
(
c) either
(
i) passed the qualifying examinations for
qualification as an Associate or Fellow of the Insurance Institute of
Canada,
(ii) established an academic standing that
is accepted by that Institute as being equivalent to passing those
examinations, or
(iii) had at least 10 years' claims adjusting
experience prior to January 1, 1990 and passed both the Adjuster's
Qualifying Examination and the oral examination approved by the Insurance
Adjusters Council.
11 The following is added after
section 8:
Prescribed penalties
8.1(1) The amounts prescribed as penalties for the purposes of
section 517(2) of the Insurance Act are as follows:
(
a) if there has been a finding of guilt referred to in
section 517(1)(
a) of the Act, $2500 for each offence;
(
b) if there has been a finding relating to a
contravention referred to in
section 517(1)(
b) of the Act, $250 for each
offence;
(
c) if there has been a finding of failure referred to
section 517(1)(
c) of the Act, $250 for each offence;
(
d) if there has been a finding referred to in
section
517(1)(
d) of the Act, $250 for each offence;
(
e) if there has been a finding referred to in
section
517(1)(
e) of the Act, $250 for each offence.
(2) The rate of interest prescribed for the purposes of
section
517(6) of the Insurance Act is 12% per annum, prorated in respect of any
part of a month, on the unpaid balance.
(3) The amounts prescribed as penalties for the purposes of
section
533(3) of the Insurance Act, insofar as it incorporates
section 517(2) of
that Act, are the same as those provided in subsection (1).
(4) The rate of interest prescribed for the purposes of
section
533(3) of the Insurance Act, insofar as it incorporates
section 517(6) of
that Act, is 12% per annum, prorated in respect of any part of a month, on
the unpaid balance.
Transitional
8.2(1) A person who held a certificate of authority to write life
insurance and to whom
section 516(1), (2) or (3) of the Act applied at any
time during the period from February 16, 1994 to the commencement of this
subsection is eligible to be granted a Level 1 life insurance certificate
for the period of 6 months from the commencement of this subsection, so
long as he complies with
section 6(1).
(2) A person who held a certificate of authority to write life
insurance but to whom
section 516(1), (2) or (3) of the Act never applied
at any time during the period from February 16, 1994 to the commencement of
this subsection is eligible to be granted a Level 2 life insurance
certificate for the period of 6 months from the commencement of this
subsection, so long as he complies with
section 6(1).
(3) A person who held a certificate of authority to act as a general
insurance agent at any time during the period from February 16, 1994 to the
commencement of this subsection is eligible, so long as he complies with
section 7(1), to be granted, for the period of 6 months from that
commencement,
(
a) if the person has responsibility for the management
and supervision of a general insurance agency and is the individual
designated under
section 508(3) of the Act, a Level 3 general insurance
certificate, or
(
b) otherwise, a Level 2 general insurance
certificate.
12(1)
Section 5, insofar as it adds a new
section 3(1.2)(
b) to the
Regulation being amended, comes into force on December 1, 1995.
(2) Subject to subsection (1), this Regulation comes into force on June 1,
------------------------------
Alberta Regulation 111/95
Insurance Act
FEES, FORMS AND CERTIFICATES EXPIRY AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 399/95) pursuant to
section 22 of the Insurance Act.
1 The Fees, Forms and Certificates Expiry Regulation (Alta. Reg. 478/81)
is amended by this Regulation.
2 The following is added after
section 9:
9.1 The fee payable by insurance adjusters for oral examinations is
$300.
3 This Regulation comes into force on June 1, 1995.
------------------------------
Alberta Regulation 112/95
Insurance Act
INSURANCE COUNCILS AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 400/95) pursuant to
section 22 of the Insurance Act.
1 The Insurance Councils Regulation (Alta. Reg. 323/88) is amended by
this Regulation.
Section 9 is amended by adding the following after clause (d):
(d.1) to levy penalties, and to collect penalties levied, under
sections 517(2) and 533 of the Act, and to remit the money collected to the
Provincial Treasurer,
3 This Regulation comes into force on June 1, 1995.
Alberta Regulation 113/95
Insurance Act
REPLACEMENT OF LIFE INSURANCE CONTRACTS
AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 401/95) pursuant to
section 22 of the Insurance Act.
1 The Replacement of Life Insurance Contracts Regulation (Alta. Reg.
63/90) is amended by this Regulation.
Section 5 is renumbered as
section 5(1) and the following is added
after subsection (1):
(2) The holder of a Level 1 life insurance certificate shall have
the disclosure statement countersigned by the holder of a Level 2 life
insurance certificate who, by countersigning it, accepts responsibility for
the completion of the disclosure statement as if he had completed the
disclosure statement himself, as the agent.
(3) References in subsection (2) to a level of life insurance
certificate are references to the level of a certificate of authority to
act as a life insurance agent specified in
section 3(1.1) of the Insurance
Agents and Adjusters Regulation (Alta. Reg. 32/89).
3 The
Schedule is amended by adding the following before the heading
"APPLICANT'S STATEMENT:":
LEVEL 2 AGENT'S STATEMENT: The agent referred to above is a Level 1 agent
and this disclosure statement is required to be countersigned by a Level 2
agent. By countersigning, I appreciate that I accept responsibility for
the completion of this statement as if I had completed the statement
myself, as the agent.
LEVEL 2 AGENT'S NAME
(Please print)
LEVEL 2 AGENT'S SIGNATURE
DATE
4 This Regulation comes into force on December 1, 1995.
Alberta Regulation 114/95
Insurance Act
AUTOMOBILE ACCIDENT INSURANCE BENEFITS
AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 402/95) pursuant to
section 314 of the Insurance Act.
1 The Automobile Accident Insurance Benefits Regulations (Alta. Reg.
352/72) are amended by this Regulation.
2 Sections 1 and 2 preceding
Schedule "A" are repealed and the following
is substituted:
Schedule "A" applies with respect to accident insurance benefits
provided for in
section 313 of the Act or in this Regulation.
2 A contract evidenced by a motor vehicle liability policy insures,
in respect of an accident involving an automobile, for accident insurance
benefits payable to the persons, in or to at least the amounts, and in
accordance with or subject to
section 313 of the Act and the terms,
conditions, restrictions and exclusions, that are prescribed in
Schedule
"A".
3 The numbering in
Schedule "A" differs from the normal numbering
system in use in order to reflect the corresponding numbering in the
standard motor vehicle liability policy.
Schedule "A" is amended
(
a) in Subsection 1 of
Section B
(
i) in subsection (1) by striking out "$5000" and
substituting "$10 000";
(ii) in subsection (2) by striking out "$1000" and
substituting "$2000";
(
b) in Subsection 2 of
Section B
(
i) in
Part I
(
A) by striking out "$500" wherever it
occurs and substituting "$1000";
(
B) by striking out "$1,000" wherever it
occurs and substituting "$2000";
(
C) by striking out "$1,500" wherever it
occurs and substituting "$3000";
(
D) by striking out "$5,000" wherever it
occurs and substituting "$10 000";
(ii) in
Part II
(
A) by striking out "$150" and substituting
"$300";
(
B) by striking out "$50" and substituting
"$100".
(iii) by striking out the 2 paragraphs following the
heading "Subsection 2(B) - Supplemented Benefits Respecting Accidents
Occurring in Ontario" and substituting the following:
The insurer will pay with respect to an
insured person as defined in this
Section B who dies or suffers an
impairment as a result of an accident in Ontario benefits in the same
amount and subject to the same conditions provided in the Ontario Insurance
Act and its regulations as if the insured person were an insured person as
defined in the Statutory Accident Benefits
Schedule (Ontario Regulation
776/93).
Notwithstanding anything to the contrary, no
exclusion or limitation existing in this
Section B or in the General
Provisions,
Definitions and Statutory Conditions of the automobile
insurance contract shall be opposable to an insured person entitled to
claim the Ontario statutory accident benefits resulting from an accident in
Ontario.
(
c) by adding the following at the end of
Schedule "A":
(7) In this Schedule,
(a) "common law spouse" means any man or woman who
although not legally married to a person lives and cohabits with that
person as the spouse of that person and is known as such in the community
in which they have lived;
(b) "survivor" means spouse or dependent relative.
(8) If a deceased insured leaves no surviving spouse and it is
established to the satisfaction of a court that
(
a) for the 5-year period immediately preceding the
death the deceased insured cohabited with a common law spouse, or
(
b) for the 2-year period immediately preceding the
death the deceased insured cohabited with a common law spouse by whom the
deceased had one or more children,
the benefits to which a spouse would have been entitled under this
Schedule are to be paid to that common law spouse.
4 This Regulation comes into force on October 1, 1995.
------------------------------
Alberta Regulation 115/95
Securities Act
SECURITIES REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 406/95) pursuant to
section 196 of the Securities Act.
Table of Contents
Definition 1
Prior publication of proposed rule 2
Exemption 3
Sunset clause 4
Amendment or variation 5
Time period for making representations 6
Offences 7
Payment of fees 8
Refund of fees 9
Return of material 10
Repeal 11
Coming into force 12
Schedule
Definition
1(1) In this Regulation, "Act" means the Securities Act.
(2) Where words and expressions that are defined in the Act are used in
this Regulation, those words and expressions have the same meaning as those
in the Act.
Prior publication of proposed Rule
2 Subject to
section 3, before making a rule the Commission shall
(
a) publish a notice of the proposed rule
(
i) in the Alberta Securities Commission
Summary, or
(ii) in such other manner as the Commission considers to
be appropriate,
and
(
b) within the period of time allowed under
section 6, give an
opportunity for interested persons and companies to make written
representations to the Commission with respect to the proposed rule.
Exemption
3 The Commission does not need to comply with the requirements of
section
(
a) where
(
i) all of the persons and companies who would be
subject to the proposed rule are named in the proposed rule,
(ii) the proposed rule is sent to each of those persons
and companies, and to any other person or company that the Commission
considers might reasonably be affected by the proposed rule, and
(iii) within the period of time allowed under
section 6,
an opportunity is given to each of those persons and companies to make
written representations to the Commission;
(
b) where
(
i) the proposed rule grants an exemption or removes a
restriction, and
(ii) the Commission considers that the proposed rule is
not likely to have a substantial effect on the interests of persons or
companies other than those who benefit under the proposed rule;
(
c) where the proposed rule is an amendment or variation that the
Commission considers does not materially change an existing rule;
(
d) where the Commission considers that it is in the public
interest to enact the proposed rule without delay because
(
i) there is an urgent need for the proposed rule, and
(ii) without the proposed rule being made, there is a
substantial risk of material harm to investors or to the integrity of the
capital markets.
Sunset clause
4(1) A rule made under
section 3(
d) ceases to have effect on the
expiration of the 275th day from the day that the rule came into force.
(2) Notwithstanding subsection (1), if prior to the expiration of the
275-day period referred to in subsection (1) the Commission publishes a
notice of the rule under
section 2 in the same manner as if the rule were a
proposed rule, that rule shall remain in force.
Amendment or variation
5 If, after a notice of a proposed rule has been published under
section
2, the Commission proposes to make an amendment to the proposed rule that
the Commission considers to be a material change to the proposed rule, the
Commission shall
(
a) publish a notice of the proposed rule as amended
(
i) in the Alberta Securities Commission
Summary, or
(ii) in such other manner as the Commission considers
appropriate,
and
(
b) within the period of time allowed under
section 6, give an
opportunity to interested persons and companies to make written
representations to the Commission with respect to the proposed rule as
amended.
Time period for making represent-ations
6(1) The Commission may set the period of time within which an interested
person or company may make written representations to the Commission in
respect of a proposed rule.
(2) For the purposes of making written representations to the Commission
under
section 2 or 5 with respect to a proposed rule,
(
a) the period of time set by the Commission under subsection
(1) must be at least 30 days from the day that the notice of the proposed rule
is published, or
(
b) if a period of time for making written representations to the
Commission is not set under subsection (1), the period of time within which
written representations may be made to the Commission is 30 days from the
day that the notice of the proposed rule is published.
Offences
7 Any person or company that contravenes any of the following provisions
of the Alberta Securities Commission Rules is guilty of an offence pursuant
section 161(1)(
d) of the Act:
section 23(1), (1.1), (1.2), (2) and (3);
section 25(1), (2) and (3);
section 26;
section 29(1);
section 31(1) and (6);
section 32(1);
section 33(1);
section 34;
section 35;
section 36(1);
section 39(1) and (6);
section 55;
section 57;
section 60;
section 71.1(1), (2), (3), (4) and (5);
section 71.2;
section 71.3;
section 71.4;
section 73;
section 106(4);
section 112(3);
section 121;
section 128;
section 144(1);
section 163(1);
section 164(4), (5) and (6);
section 167;
section 177;
section 178;
section 179;
section 180.
Payment of fees
8 Any fee payable to the Commission under the Act, this Regulation, the
Alberta Securities Commission Rules or any other legislative authority
shall be paid to the Commission in accordance with the Schedule.
Refund of fees
9 The Executive Director may refund any fee or part of it that is payable
under the Act, this Regulation or the Alberta Securities Commission Rules
as the Executive Director considers reasonable in the circumstances.
Return of material
10(1) Material that is filed but is not completed in accordance with the
Act, this Regulation or the Alberta Securities Commission Rules may be
returned.
(2) If any material is returned under subsection (1), the fee paid on the
filing of the material shall not be refunded without the consent of the
Executive Director.
Repeal
11(1) In this section, "Securities Regulation (Alta. Reg. 46/87)" means
the Securities Regulation as it exists by virtue of
section 74 of the
Securities Amendment Act, 1995.
(2) The Securities Regulation (Alta. Reg. 46/87) is repealed.
Coming into force
12 This Regulation comes into force immediately following the coming into
force of
section 74 of the Securities Amendment Act, 1995.
SCHEDULE
FEES
1 In this Schedule,
(a) "gross proceeds" means the total proceeds realized from the
distribution, sale, conversion or exchange of securities under a prospectus
or in reliance on an exemption from prospectus requirements including any
proceeds realized pursuant to the reinvestment of dividends or the
distribution of income or capital gains;
(b) "money market mutual fund" means a money market mutual fund as
defined by National Policy Statement No. 39;
(c) "MTN Program" means a continuous offering of debt securities
under the Shelf Procedures as defined by National Policy Statement No. 44;
(d) "net proceeds" means the gross proceeds realized in Alberta
from the distribution of a money market mutual fund under a prospectus less
the aggregate of the redemption or repurchase price paid to redeem or
repurchase securities of the fund held by persons in Alberta during the
period since the receipt for the prospectus was issued;
(e) "notice of proceeds" means a written notice to the Executive
Director of the aggregate gross or net proceeds, as the case may be,
realized in Alberta by an issuer or security holder from a distribution of
securities;
(f) "realized in Alberta" means distributed in or sold to
purchasers in Alberta;
(g) "Shelf Procedures" means the rules and procedures for the
distribution of securities of certain issuers on a continuous or delayed
basis as established under National Policy Statement No. 44;
(h) "special warrant" means a security
(
i) that is distributed in reliance on an exemption
from prospectus requirements,
(ii) that carries the right to purchase, convert or
exchange the security, without payment of any material additional
consideration, into another security, and
(iii) in respect of which the issuer or selling security
holder has agreed to file a prospectus for the distribution of the security
received on the exercise of the right.
2 Applications to the Executive Director shall be accompanied by the
following fees:
(
a) in the case of an application for registration or renewal of
registration as a dealer, adviser or underwriter, a fee of $1000;
(
b) in the case of an application by an individual for registration
or renewal of registration as a salesman of a registered dealer, a fee of
$300;
(
c) in the case of an application by an individual for registration
or renewal of a registration as a partner or officer of a registered dealer
or registered adviser, a fee of $350;
(
d) in the case of an application for reinstatement or transfer of
registration as a salesman of a registered dealer, a fee of $100;
(
e) in the case of an application by a person or company for
registration or renewal of registration as a dealer, adviser or
underwriter, an additional fee of $100 for each branch office of the person
or company carrying on business in Alberta at the date of application;
(
f) in the case of an application for amendment of registration as
a dealer, adviser or underwriter, a fee of $100 per change.
3(1) Subject to subsection (2), every preliminary or pro forma prospectus
filed shall be accompanied by a fee of $2500 for each issuer or selling
security holder whose securities may be distributed under it.
(2) Every preliminary prospectus filed, other than for the distribution of
securities on the exercise of a right under a special warrant, where the
value of the distribution of securities under the prospectus will not
exceed $1 000 000, shall be accompanied by a fee of $250 for each issuer or
selling security holder whose securities may be distributed under it.
(3) In addition to any fee payable under subsection (1) or (2), every
preliminary or pro forma prospectus filed for the distribution of more than
one class, unit or series of securities shall be accompanied by a fee of
$100 for each additional class, unit or series of securities.
4(1) Subject to subsection (2), the issuer or selling security holder
shall, for every prospectus filed for the distribution of securities,
(
a) file a notice of proceeds, and
(
b) pay a fee equal to the amount, if any, by which 0.03% of the
gross proceeds realized in Alberta by the issuer or selling security holder
from the distribution of securities under the prospectus exceeds the fees
paid under
section 3,
(
i) in the case of a non-continuous distribution of
securities, within 30 days from the earlier of
(
A) the completion of the distribution
under the prospectus, and
(B) 12 months from the date the receipt for
the prospectus is issued,
and
(ii) in the case of a distribution of securities under
the Shelf Procedures, within 25 months from the date that the receipt for
the prospectus is issued or,
(
A) in respect of a continuous
distribution, other than under a MTN Program, 5 business days after the end
of each month with respect to the securities distributed during that month,
(
B) in respect of a distribution under a
MTN Program, on filing a pricing supplement with respect to the securities
distributed under the pricing supplement, or
(
C) in respect of all other distributions,
30 days from completion of the distribution under a prospectus supplement
with respect to the securities distributed under the prospectus supplement,
whichever is the earliest.
(2) Except for the distribution of securities under the Shelf Procedures,
the issuer or selling security holder for every prospectus filed for the
continuous distribution of securities,
(
a) on the filing of a new prospectus to continue the distribution
under the prospectus, or
(
b) if a new prospectus is not filed, within 13 months from the
date that the receipt for the prospectus is issued,
shall
(
c) file a notice of proceeds, and
(
d) pay a fee equal to the amount, if any, by which
(i) 0.03% of the gross proceeds, or
(ii) in the case of a money market mutual fund, 0.03% of
the net proceeds,
realized in Alberta by the issuer or selling security holder from the
distribution under the prospectus exceeds the fees paid under
section 3.
(3) This
section does not apply to distributions of securities referred to
section 3(2).
5(1) Subject to subsection (2), every Form 20 filed shall be accompanied
by a fee equal to $100 and the amount, if any, by which 0.03% of the gross
proceeds realized in Alberta by the issuer or selling security holder from
the distribution in respect of which the Form 20 is filed exceeds $100.
(2) Every Form 20 filed in respect of a trade in securities where there is
no change in beneficial ownership of the securities as a result of the
trade shall be accompanied by a fee of $100.
6(1) Every notice filed under sections 65(1)(
o) and 107(1)(
h) of the Act
for the distribution of rights shall be accompanied by a fee of $1000.
(2) The issuer or selling security holder distributing rights under the
offering circular shall, within 30 days from the date of termination of the
offering,
(
a) file a notice of proceeds, and
(
b) pay a fee equal to the amount, if any, by which 0.03% of the
gross proceeds realized in Alberta by the issuer or selling security holder
from the rights offering exceeds $1000.
7 Every amendment to any
(
a) preliminary or pro forma prospectus,
(
b) prospectus, or
(
c) annual information form
filed shall be accompanied by a fee of $250.
8 Every report filed with any
(
a) preliminary prospectus,
(
b) pro forma prospectus, or
(
c) amendment to any of the documents referred to under
section 7
shall be accompanied by a fee of $100.
9(1) Every annual financial statement filed by a reporting issuer under
section 121 of the Act shall be accompanied by a fee of
(a) $2000, if the reporting issuer has filed an annual information
form under National Policy Statement No. 47, or
(b) $250, in all other cases.
(2) In addition to the fee payable under subsection (1), every annual
financial statement filed outside the prescribed time period shall be
accompanied by a fee of $100.
10(1) Every take-over bid or issuer bid circular filed shall be
accompanied by a fee of $1000.
(2) Every directors' circular or individual director's or officer's
circular filed shall be accompanied by a fee of $500.
(3) Every notice of change or variation in respect of a take-over bid
circular or issuer bid circular filed shall be accompanied by a fee of
$250.
11 Every application to the Commission for recognition as an exempt
purchaser or renewal of recognition as an exempt purchaser shall be
accompanied by a fee of $500.
12(1) The fee for an examination by a person appointed under
section 48 of
the Act is $1000 per day per person plus any reasonable expenses incurred
in connection with the examination.
(2) Notwithstanding subsection (1), in the case of a limited or minor
examination, the fee prescribed under subsection (1) may be reduced to
reflect the cost of the examination.
13 Every notice of appeal to the Commission under
section 25(1) of the
Act shall be accompanied by a fee of $300.
14(1) Every application to the Commission under
section 116 of the Act
shall be accompanied by a fee of $500.
(2) Every application to the Commission under
section 144 of the Act shall
be accompanied by a fee of $500.
(3) Any application to the Commission for which a fee is not specifically
provided in this
Schedule shall be accompanied by a fee of $300.
(4) In addition to the fees payable under subsections (1), (2) and (3),
(
a) every application to the Commission on an expedited basis shall
be accompanied by a fee of $500, and
(
b) every application to the Commission for an order exempting a
person or company from any of the requirements of the Act, this Regulation
or the Rules in circumstances where the applicant is then in contravention
or default of the requirement to which the application relates shall be
accompanied by a fee of $250 for each such contravention or default.
15(1) Subject to subsection (2), every application to the Commission that
is heard by the Executive Director under
section 123 or 184(2) of the Act
shall be accompanied by a fee of $300.
(2) No fee is payable for an application to the Commission by an inactive
reporting issuer for an order under
section 123 of the Act.
16 Every application or request to the Executive Director for which a fee
is not specifically provided in this
Schedule shall be accompanied by a fee
of $150.
17 Where a statement referred to in
section 189 of the Act, including a
certificate issued under
section 113 of the Act, is certified for a person
or company by the Commission, a member of the Commission, the Executive
Director or the Secretary, the fee is $50 plus, if the statement includes
photocopies of documents required to be made available for public
inspection, an additional $0.50 per page photocopied.
18 The fee for photocopying is $0.50 per page photocopied.
19 The fee for a microfilm search is $10 per person or company.
20 The annual fee for the Alberta Securities Commission
Summary is $300.
21 Every document filed under the Act, this Regulation or the Rules,
other than a document referred to in
(
a) this Schedule,
(
b) Part 11, 12 or 14 of the Act, or
(
c) any provision of this Regulation or the Rules relating to
Part
11, 12 or 14 of the Act
shall be accompanied by a fee of $50.
22 Every application to the Commission under
(a)
section 3(3) of the Business Corporations Act shall be
accompanied by a fee of $300;
(
b) section 145 of the Business Corporations Act shall be
accompanied by a fee of $300;
(c)
section 150(2) of the Business Corporations Act shall be
accompanied by a fee of $300;
(d)
section 165(3) of the Business Corporations Act shall be
accompanied by a fee of $300.
------------------------------
Alberta Regulation 116/95
Justice of the Peace Act
Public Sector Pension Plans Act
JUSTICE OF THE PEACE AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 409/95) pursuant to
section 7 of the Justice of the Peace Act and
Schedule 2,
section 4 of the
Public Sector Pension Plans Act.
1 The Justice of the Peace Regulation (Alta. Reg. 309/91) is amended by
this Regulation.
Section 1 is repealed and the following is substituted:
Definitions
1 In this Regulation,
(a) "Act" means the Justice of the Peace Act;
(b) "justice" means a justice of the peace appointed
under
section 1 of the Act;
(c) "sitting justice" means a justice designated as a
sitting justice under
section 4(1) of the Act.
PART 1
GENERAL PROVISIONS
3 Sections 2, 4 and 6(
c) are amended by striking out "of the peace".
Section 7 is repealed.
5 The following is added at the end:
Change in address
8 A justice shall forthwith notify the Deputy Attorney General in
writing of any change in address.
Availability of regulations for examination
9 The Deputy Attorney General shall ensure that copies of all plans
and regulations referred to in
Schedule 2 that are not filed under the
Regulations Act are available for inspection by members of the public free
of charge at the Human Resources Offices of the Attorney General's
Department in Edmonton and Calgary during the normal working hours of those
offices.
PART 2
Definitions
10 In this Part and in
Schedule 2, "salaried non-sitting justice"
means a justice, other than a sitting justice, who is paid a salary for
working on a full-time basis, being a justice named in
Schedule 1 and whose
appointment was made before April 1, 1994 and has not ceased to have
effect.
Remuneration benefits and expenses
11 The remuneration, benefits, expenses and other terms and
conditions of service of salaried non-sitting justices are as set out in
Part 1 of
Schedule 2.
SCHEDULE 1
LIST OF SALARIED NON-SITTING JUSTICES
(Section 10)
The list of salaried non-sitting justices is as follows:
BRANDT, Barton Edward
DEAR, Timothy Herbert
DOYLE, Michele Theresa Mary
ELL, DeVon Gary
FERGUSSON, Patrick Angus Garry
MAGUIRE, John Michael
MARSH, Jerry Ronald
SPENCER, Roselynne Margaret
TROPEAU, Dwight Arthur John
WALLACE, Debra Ann
SCHEDULE 2
(Section 11)
Definitions for whole
Schedule
1 In this Schedule,
(a) "Benefits Regulation" means the provisions of the
Public Service Employees' Benefits Regulation made under the Public Service
Act that are applicable to opted out and excluded employees of the
Government;
(b) "Chief Judge" means the Chief Judge of the
Provincial Court of Alberta or, if that Chief Judge has delegated the
function in question under
section 6.3(
b) of the Act to another judge, that
other judge;
(c) "Expenses Regulation" means the Subsistence, Travel
and Moving Expenses Regulation made under the Public Service Act.
Part 1
Salaried Non-sitting Justices
Definitions
2 In this Part,
(a) "regular hourly rate of pay" means the portion of a
salaried non-sitting justice's annual salary that is payable in respect of
each hour worked, based on
section 7;
(b) "regularly scheduled working hours" means the times
that the Chief Judge schedules as a salaried non-sitting justice's working
hours pursuant to
section 7(1) and (2).
Salary
3(1) Subject to subsection (2), the annual salary of a salaried
non-sitting justice is $40 812.
(2) The annual salary shall be reduced to reflect the 5 days' unpaid
leave of absence referred to in
section 4(2).
(3) The annual salary shall be paid in equal monthly instalments.
Leaves and holidays
4(1) A salaried non-sitting justice is entitled
(
a) to observe the paid holidays specified in the
Benefits Regulation,
(
b) to vacation and sick leave with pay computed and
calculated pursuant to the Benefits Regulation, and
(
c) to special and parental leave in accordance with
the Benefits Regulation.
(2) A salaried non-sitting justice shall take not less than 5 days'
unpaid leave of absence in each year, consisting of Easter Monday and the
"Christmas Floater" and the 3 days identified as unpaid days in each year
by the Public Service Commissioner for opted out and excluded employees of
the Government.
Participation in benefits plans
5 A salaried non-sitting justice is entitled to participate in the
as an opted out or excluded employee of the Government:
(
a) the Long Term Disability Income Continuance Plan;
(
b) the Group Life Insurance Plan for Management and
Excluded Employees;
(
c) the Public Service Pension Plan;
(
d) the Dental Plan and Optional Dental Plan for
Management and Excluded Employees;
(
e) the Extended Medical Benefits Plan;
(
f) the Alberta Health Care Insurance Plan.
Expenses
6 A salaried non-sitting justice is entitled to be paid travelling
and other expenses and allowances established under the Expenses
Regulation.
Normal work duration
7(1) The normal hours of work for a salaried non-sitting justice are
1892 hours per year, or the equivalent on a monthly or weekly basis.
(2) A salaried non-sitting justice is required to work during the
times scheduled for regular work by the Chief Judge and the total hours of
work so scheduled must be consistent with subsection (1).
(3) Where the nature of the work or the exigencies of the service
require that the duties of a salaried non-sitting justice be performed
during times that are different from regularly scheduled working hours, the
Chief Judge may
schedule different times of work for the justice,
consistent with subsection (1).
Overtime
8(1) In this section, "overtime" means time worked or to be worked
in excess of the regularly scheduled working hours, and includes time spent
on authorized travel that is outside regularly scheduled working hours on a
paid holiday or on a day when a justice is not regularly scheduled to work,
but excludes travel time spent proceeding to and from the justice's usual
place of work and residence.
(2) A salaried non-sitting justice may be required by the Chief
Judge to work overtime, in which case, subject to subsections (3) and (4),
the Chief Judge shall
(
a) grant the justice time off in lieu of the overtime,
(
b) recommend payment for the overtime, in which case
the amount of the remuneration allowed is
(
i) at the rate of 1« times the regular
hourly rate of pay for work on any day other than on a paid holiday as
defined in the Benefits Regulation, and
(ii) for work on a paid holiday as so
defined, in addition to the regular pay for the time worked, either
(
A) one-half of the regular
hourly rate of pay for the time worked and, at some other time, time off
with pay equivalent to that worked,
(B) 1« times the regular hourly
rate of pay for the time worked.
(3) Where a salaried non-sitting justice works on Easter Monday or
the "Christmas Floater", the justice is entitled to receive compensation at
the rate of 1« times regular salary and where a justice works on any other
unpaid day referred to in
section 4(2), the Chief Judge shall grant the
equivalent time off at a time acceptable to the Chief Judge.
(4) Subject to subsection (5), the salaried non-sitting justice
eligible for overtime remuneration may be granted equivalent time off in
lieu if
(
a) it can be arranged at a time that is acceptable to
the Chief Judge,
(
b) the arrangements are made before the end of the
current fiscal year, and
(
c) it is taken within 12 months after the overtime was
worked.
(5) If the equivalent time off for overtime is not taken within the
time limits referred to in subsection (4), the Chief Judge may recommend
that
(
a) those time limits be extended, or
(
b) the overtime be paid out.
(6) Overtime payment or equivalent time off is to be calculated to
the nearest ¬ hour.
(7) Overtime payment is to be calculated from the salary rate being
paid at the time the overtime is worked notwithstanding a subsequent
retroactive change in that rate.
(8) When the salaried non-sitting justice is eligible for overtime
remuneration for time spent during travel referred to in subsection (1),
the overtime remuneration is to be paid at the regular rate of salary.
Call back pay
9 A salaried non-sitting justice who is called back to work outside
of regularly scheduled working hours is entitled to be paid for not less
than 2 hours including time spent travelling directly to and from the job,
at the applicable overtime rate in accordance with the eligibility for
overtime compensation pursuant to
section 8.
Shift differential
10 Where, because of operational requirements, a justice is
scheduled to work shifts over a period, the justice is entitled to receive
a shift differential of 75 cents per hour for working a shift in that
period where the majority of the hours in the shift fall between 4:00 p.m.
and 8:00 a.m.
Attendance
11 The Chief Judge shall ensure that the absences and the
attendances of salaried non-sitting justices be recorded in the form
specified by the Attorney General and shall inform the Attorney General or
a person designated by the Attorney General of them at the times determined
by the Attorney General.
Training and development
12 A salaried non-sitting justice is eligible for such training and
development as is agreed by the Chief Judge under the Staff Training and
Development Regulation under the Public Service Act.
6 The Public Service Pension Plan (Alta. Reg. 368/93) is amended
(
a) in
section 2(1)(p)(iv) by striking out "or (5)" and
substituting ", (5) or (5.1)";
(
b) in
section 3 by adding the following after subsection (5):
(5.1) For the purposes of the Plan, a salaried non-sitting
justice within the meaning of
section 10(
a) of the Justice of the Peace
Regulation (Alta. Reg. 309/91) remains an employee while still serving in
the capacity of such a justice of the peace.
(
c) in
section 10(
e) by adding "and (5.1)" after "3(4)".
7 This Regulation, except
section 6, is deemed to have come into force on
April 1, 1994.
------------------------------
Alberta Regulation 117/95
School Act
BOARD OF REFERENCE REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 411/95) pursuant to
section 122 of the School Act.
Fees
1 A member of the Board of Reference shall be paid the following:
(a) $200 per hour actually spent at a hearing before the Board;
(
b) for the time spent in preparation for the hearing and in
writing the decision, to a maximum of $5000,
(i) $200 per hour for the first 7« hours, and
(ii) with the consent of the parties to the appeal, $150
per hour for the next 8 hours and $125 per hour for each additional hour;
(
c) if the hearing is cancelled after the Department of Education
has set the time and place of the hearing, $100 per day set to a maximum of
$300.
Expenses
2 A member of the Board of Reference shall be paid reasonable travelling
and living expenses incurred by the member in hearing the appeal.
Classes of costs and expenses
3 Amounts paid or payable under sections 1 or 2 are classes of costs and
expenses for the purposes of
section 122(1) of the School Act.
Alberta Regulation 118/95
Wildlife Act
GENERAL WILDLIFE AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 415/95) pursuant to
section 96 of the Wildlife Act.
1 The General Wildlife Regulation (Alta. Reg. 50/87) is amended by this
Regulation.
Section 3 is amended
(
a) by repealing subsection (2) and substituting the following:
(2) Subject to subsection (2.2), a recreational licence of a kind
named as a special licence is valid to hunt only
(
a) the kind of animal named in the licence,
(
b) in the area stated in the licence, and
(
c) at the times prescribed in
Schedule 1 of the
General Wildlife (Ministerial) Regulation as seasons for hunting under that
kind of licence but, if only a portion of that prescribed time is stated in
the licence, only that time is licensed.
(2.1) A recreational licence to hunt big game or Merriam's turkey
that is issued with one or more tags authorizes the killing of
(
a) one animal, in the case of a licence to hunt trophy
sheep, and
(
b) one animal for each tag issued with a licence,
other than a replacement tag, in the case of any other licence.
(2.2) A Minister's special licence is valid only in the area and at
the times prescribed in the licence, and the times may be outside an open
season.
(
b) by repealing subsection (8) and substituting the following:
(8) If a person is issued a recreational licence
(
a) that recreational licence authorizes that person to
hunt in accordance with this Act only if the person has, prior to hunting,
been issued a wildlife certificate and resource development stamp, and
(
b) the wildlife certificate, or, if the wildlife
certificate is lost or destroyed, a replacement wildlife certificate issued
to that person, is a component part of that licence.
(
c) by adding the following after subsection (12):
(13) A supplemental antlerless white-tailed deer licence is valid
only for hunting antlerless white-tailed deer in WMUs 254 to 260, 500 to
510 and 514.
Section 4(3)(d)(ii)(
C) is amended by striking out "the Division" and
substituting "Natural Resources Service of the Department of Environmental
Protection where wildlife officers appointed by the Minister pursuant to
section 2(1) of the Act are stationed".
Section 5(2) is amended by striking out "employed by the Fish and
Wildlife Division of the Department of Forestry, Lands and Wildlife" and
substituting "appointed by the Minister pursuant to
section 2(1) of the
Act".
Section 23 is amended
(
a) in subsection (3)(
c) by striking out "employed by the Fish and
Wildlife Division of the Department of Forestry, Lands and Wildlife" and
substituting "appointed by the Minister pursuant to
section 2(1) of the
Act";
(
b) in subsection (3.1) by striking out "section 26(1)" and
substituting "section 26";
(
c) by repealing subsection (7).
Section 26 is amended
(
a) in subsection (1)(
a) and (
b) by striking out "licensed hunters"
and substituting "licensed non-resident or non-resident alien hunters";
(
b) in subsection (5) by striking out "section 20 of the General
Wildlife (Ministerial) Regulation or a non-resident or non-resident alien
fall black bear licence" and substituting "section 20.1 of the General
Wildlife (Ministerial) Regulation".
Section 28(1)(a)(i), (5)(a)(
i) and (6) are amended by striking out
"section 20 of the General Wildlife (Ministerial) Regulation" and
substituting "section 20.1 of the General Wildlife (Ministerial)
Regulation".
Section 28.2(7)(
a) is amended by striking out "a transfer of all of
the" and substituting "each transfer of".
Part 1 of
Schedule 3 is amended
(
a) by repealing item 73 and substituting the following:
73 Horseguard Wildlife Management Unit
(322) Commencing at the junction of highway 11 and highway 22
just north of Rocky Mountain House; thence northerly along highway 22 to
its junction with highway 12; thence easterly along highway 12 to secondary
road 766; thence southerly along secondary road 766 to highway 11; thence
westerly along highway 11 to secondary road 766; thence southerly along
secondary road 766 to highway 54; thence westerly along highway 54 to
highway 22; thence northerly along highway 22 to highway 11; thence
northwesterly along highway 11 to the point of commencement.
(
b) by repealing item 78 and substituting the following:
78 Alder Flats Management Unit
(332) Commencing where highway 11 crosses the North
Saskatchewan River near Rocky Mountain House; thence downstream along the
right bank of the North Saskatchewan River to the southern boundary of
township 48; thence easterly along the southern boundary of township 48 to
secondary road 616; thence easterly along secondary road 616 to highway 20;
thence southerly along highway 20 to highway 53; thence westerly along
highway 53 to a road approximately one-half mile east of the Medicine
River; thence southerly along this road to highway 12; thence westerly
along highway 12 to highway 22; thence southerly along highway 22 to
highway 11; thence westerly along highway 11 to the point of commencement.
(
c) in item 128.1 by striking out "sections 23 and 24" and
substituting "sections 23 and 14";
(
d) in item 151 by striking out "the 25th baseline in
section 31,
township 96, range 24, west of the fourth meridian;" and substituting "the
west boundary of range 22, west of the fourth meridian; thence north along
the western boundary of range 22, west of the fourth meridian, to the 25th
baseline;".
Part 1 of
Schedule 5 is amended
(
a) by adding the following after item 5:
5.1 resident supplemental antlerless
white-tailed deer licence 15.89
(
b) by adding the following after item 69:
70 Minister's special licence Free
Schedule 12 is amended
(
a) by striking out
Ducks 10(a)(d)(
e) and substituting
Ducks 16(a)
(
b) by repealing clause (
a) and substituting the following:
(
a) not more than 2 of which may be pintails;
(
c) by repealing clauses (
d) and (e).
Alberta Regulation 119/95
Cemeteries Act
SERVICE CORPORATION INTERNATIONAL (CANADA)
LIMITED EXEMPTION REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 119/95) pursuant to
section 60 of the Cemeteries Act.
1 Subject to this Regulation, all mausoleums proposed to be constructed
in the Province of Alberta by Service Corporation International (Canada)
Limited are exempt from
section 5 of the Cemeteries Act.
2 Service Corporation International (Canada) Limited must obtain the
approval of the Minister for any site chosen for establishing a mausoleum
prior to entering into any form of agreement related to establishing a
mausoleum.
or on the establishment, construction or maintenance of a mausoleum
established by Service Corporation International (Canada) Limited.
4 Service Corporation International (Canada) Limited must, on the request
of the Minister, provide the Minister with the requested information and
documents.
Alberta Regulation 120/95
Government Organization Act
MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 420/95) pursuant to
section 13 of the Government Organization Act.
1 The Municipal Affairs Grants Regulation (Alta. Reg. 82/78) is amended
by this Regulation.
2 The following is added after
Schedule 7:
SCHEDULE 8
Metis Settlements Transition
Commission Grant
1 In this Schedule,
(a) "Commission" means the Metis Settlements Transition
Commission;
(b) "facilities" means the water or water and sewer
facilities located on certain Metis settlements.
2 The Minister may make a grant under this
Schedule to the
Commission for the purpose of upgrading facilities located on certain Metis
settlements.
3 The payment of a grant under this
Schedule is subject to the
Minister and the Commission.
Alberta Regulation 121/95
Liquor Control Act
LIQUOR ADMINISTRATION AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Lieutenant Governor in Council (O.C. 425/95) pursuant to
section 58 of the Liquor Control Act.
1 The Liquor Administration Regulation (Alta. Reg. 215/91) is amended by
this Regulation.
Section 4(1) is amended by adding the following after clause (g):
(
h) in the case of a Class D licence described in
section 20(d), a
person who operates an agency store.
Section 7 is amended by adding the following after subsection (4):
(5) Notwithstanding subsection (4)(a), the Board shall not renew a
Class D licence described in
section 20(
d) if a Class D licence described
section 20(
c) is issued with respect to a premises in the municipality
where the licensed premises of the applicant for renewal is located.
Section 20 is amended by striking out "or" at the end of clause (b),
adding "or" at the end of clause (
c) and adding the following after clause
(c):
(
d) the operator of a general merchandise business in conjunction
with a licensed premises, approved by the Board.
5 The following is added after
section 23:
General merchandise off-sale
23.01(1) A Class D licensee who operates a general merchandise
business in conjunction with the licensed premises may
(
a) purchase from the Corporation or as otherwise
directed by the Corporation, the types and kinds of liquor specified in the
licence, and
(
b) sell the liquor specified in the licence, for
consumption off the licensed premises
in accordance with the Class D licence and any conditions imposed by
the Board on the licence.
(2) A licensee referred to in subsection (1) shall not sell liquor
to other licensees or permittees, unless the licensee is authorized by the
Board to make those sales.
Schedule 1 is amended by repealing item 2(
c) and substituting the
following:
(
c) Retail Liquor Store (section 20(c)) $700
(c.1) General Merchandise Off-Sale (section 20(d)) $300
------------------------------
Alberta Regulation 122/95
Wildlife Act
GENERAL WILDLIFE (MINISTERIAL) AMENDMENT REGULATION
Filed: May 31, 1995
Made by the Minister of Environmental Protection (M.O. 22/95) pursuant to
section 97 of the Wildlife Act.
1 The General Wildlife (Ministerial) Regulation (Alta. Reg. 95/87) is
amended by this Regulation.
Section 1(1) is amended
(
a) by repealing clause (a.1);
(
b) by adding the following after clause (f):
(f.1) "Service" means an office of the Natural Resources
Service of the Department of Environmental Protection where wildlife
officers appointed by the Minister pursuant to
section 2(1) of the Act are
stationed;
3(1) In the following sections, "Division" is struck out and "Service" is
substituted:
12(b);
13(1)(b), (2)(b);
14;
18(5);
19.1;
22(2);
26(1)(a), (d), (1.1)(a), (1.3).
(2) In the following sections, "employed by the Division" is struck out
and "appointed by the Minister pursuant to
section 2(1) of the Act" is
substituted:
26(1)(b), (c), (1.1)(b), (1.2)(b);
29(4)(a);
39(b);
40(1)(b);(2).
Section 3(1)(a.1) is repealed.
Section 6 is amended by adding the following after subsection (1):
(1.1) In this section, any licences referred to do not include a
Minister's special licence to hunt antlered elk or trophy sheep.
Section 15(1) is amended
(
a) in clause (
c) by striking out "Director of Wildlife" and
substituting "Director of the Wildlife Management Division";
(
b) in clause (c.1) by striking out "employed in Fish and Wildlife
Services of the Department of Environmental Protection," and substituting
"appointed by the Minister pursuant to
section 2(1) of the Act,".
Section 18(1) is amended by adding "or non-resident" after "resident".
Section 19(1)(b)(ii) is amended by striking out "resident".
Section 21(2) is amended by repealing clause (
c) and substituting the
following:
(
c) allocations of trophy sheep special licences held by the holder
other than those referred to in clause (b), with the approval of the
Minister.
Section 26(1.2) is amended
(
a) in clause (
a) by striking out "Division" and substituting
"Service";
(
b) by striking out "Division after the" and substituting Service
after the".
11 Sections 26(2) and 29(3) and (5) are amended by striking out "An
officer" and substituting "A wildlife officer appointed by the Minister
pursuant to
section 2(1) of the Act".
Section 27(2) is repealed.
Schedule 1 is amended
(
a) in
section 1
(
i) by striking out "and 2" and substituting ", 2A and
2B";
(ii) by striking out "big game zones 1 to 16" and
substituting "wildlife management units with numbers less than 600 and
wildlife management unit 841";
(
b) by repealing
section 2 and substituting the following:
2(1) In this Schedule, "season group" means individual groups of
dates establishing open seasons to hunt specified big game animals, subject
to the noted limitations, and each season group is designated by a letter
"G" or a letter "A" followed by a number.
(2) WMUs are assigned with an applicable season group or groups in
Table 1.
(3) Each specific group of dates establishing a season group
assigned in Table 1 is set out in either Table 2A or 2B.
(4) Each season group designated by the letter "A" followed by a
number represents a season group open to hunting with a bow and arrow only
and such seasons are referred to as "Archery Only Seasons".
(5) Each season group designated by the letter "G" followed by a
number represents a season group open to hunting subject to this Act that
is not restricted to the use of a bow and arrow only and such seasons are
referred to as "General Seasons".
(
c) in
section 3 by striking out "the open" and substituting
"additional open";
(
d) in
section 4
(
i) in clause (
h) by adding "420, 422, 426, 428, 430,
432, 434, 436, 437" after "360,";
(ii) in clause (
k) by striking out "September 7 to
September 24" and substituting "September 6 to September 23";
(iii) in clause (k.1) by striking out "October 17 to
October 29" and substituting "October 16 to October 28";
(iv) in clauses (
l) and (
m) by striking out "November 24
to November 26" and substituting "November 23 to November 25";
(
e) in
section 4.2
(
i) in subsections (1) and (2) by striking out
"February 28" wherever it occurs and substituting "the last day of
February";
(ii) in subsection (3) by adding "plus those cougars
that have been reasonably confirmed as having been killed or removed from
the wild population either directly or indirectly by the actions of any
person or by collision with any vehicle" after "this Regulation";
(iii) in subsection (4)
(
A) by repealing clauses (a), (b), (
c) and
(
d) and substituting the following:
(
a) in Cougar Management Area
1, 6 female cougar or 11 cougar, whichever occurs first;
(
b) in Cougar Management Area
2, 1 female cougar or 2 cougar, whichever occurs first;
(
c) in Cougar Management Area
3, 4 female cougar or 8 cougar, whichever occurs first;
(
d) in Cougar Management Area
4, 5 female cougar or 10 cougar, whichever occurs first;
(
B) by repealing clauses (f), (g), (h),
(i), (
j) and (
k) and substituting the following:
(
f) in Cougar Management Area
6, 5 female cougar or 11 cougar, whichever occurs first;
(
g) in Cougar Management Area
7, 7 female cougar or 13 cougar, whichever occurs first;
(
h) in Cougar Management Area
8, 7 female cougar or 14 cougar, whichever occurs first;
(
i) in Cougar Management Area
9, 4 female cougar or 8 cougar, whichever occurs first;
(
j) in Cougar Management Area
10, 2 female cougar or 4 cougar, whichever occurs first;
(
k) in Cougar Management Area
11, 3 female cougar or 6 cougar, whichever occurs first.
(
f) in
section 5
(
i) by repealing subsection (2);
(ii) in subsection (6) by striking out "October 1 to
October 2, October 29 to October 30 and November 5 to November 6" and
substituting "September 30 to October 1, October 28 to October 29 and
November 4 to November 5.";
(
g) in
section 6(a)
(
i) by adding "except when the hunting is by means of a
falconry bird, and" after "Sunday";
(ii) in subclause (
i) by adding "420, 422, 426, 428,
430, 432, 434, 436, 437" after "360,";
(
h) in
section 7(2)(
a) and (a.1) by striking out "February 28"
wherever it occurs and substituting "the last day of February";
(
i) in
section 10
(
i) by striking out "applicable to Tables 1 and 2" and
substituting "applicable to Tables 2A and 2B";
(ii) by repealing footnotes 5, 6, 8, 9, 12 to 14, 16 to
23, 26 to 34 and 37 to 57 and substituting the following:
5 This season applies to calf moose only.
6 This season applies only on Thursday, Friday
and Saturday.
(
j) in
section 12
(
i) in footnote 12, by adding "There is no open season
for sharp-tailed grouse in WMU 429." after "October 31.";
(ii) by adding the following after footnote 24:
25 This season does not apply to WMUs 326, 328,
330, 339 and 429.
(
k) by repealing Tables 1, 2, 3 and 6 and substituting the Tables
1, 2A, 2B, 3 and 6 set out in the
Schedule to this Regulation;
(
l) in Table 5, in the entry for GAME BIRD ZONE 4, Gray Partridge,
by striking out "S15-N30" and substituting "S15-N3025".
Schedule 2 is amended
(
a) by striking out
Sage Grouse 2
Ducks 5(a)(d)(
e) and substituting the following:
Sage Grouse 1
Ducks 8(a)
(
b) by repealing item (
a) and substituting the following:
(
a) Not more than 1 of which may be a pintail.
(
c) by repealing items (
d) and (e).
Section 13(a), (b), (c), (d), (g), (
i) and (
k) come into force on July
1, 1995.
SCHEDULE 1
TABLE 1
BIG GAME SEASONS
WMU
SEASON GROUP
GENERAL
SEASONS
ARCHERY ONLY
SEASONS
102,104,106,108,110,112,116,118,
119,124,128,130,132,134,136,138,
140,142,144,148,150,151,152,156,
158,160,162,163,164
G24
A18
G27
A19
G28
A21
202,204
G25
A22
G34
A23
G25
A22
G24
A18
N/A
A34
G10
A32
216,220,221
G25
A22
G31
A21
G30
A22
226,228
G31
A21
G34
A23
G29
A23
234,236,238,240
G28
A21
G30
A22
244,246
G32
A20
N/A
A35
G33
A20
252,254
G29
A23
256,258
G28
A21
G29
A23
G22
A16
G21
A17
304,305
G23
A17
306,308
G21
A17
310,312,314
G20
A15
G37
A24
318,320,322,324
G35
A28
G13
G11
G35
A28
334,336
G30
A22
337,338
G36
A29
339,340,342,344
G36
A29
G12
G12
355,356
400,402
G19
A14
404,406
G17
A12
G18
A13
N/A
A34
412,414
G15
A11
416,417,418,420,422
G14
A11
G15
A11
G14
A11
G14
A11
432,434,436
G15
A11
G16
A11
438,439
G15
A11
440,441,442,444,445,446
G15
A10
G29
A31
501,502
G33
A20
503,504
G42
A33
G38
A25
G26
A37
G39
A26
G30
A22
G41
A30
G40
A27
511,512,514,515,516,517,518,519, 520
524,525
528,529,530,531,532,534
540,542,544
G43
A36
Alberta Regulation 123/95
Alberta Health Care Insurance Act
ORAL AND FACIAL SURGERY BENEFITS REGULATION
Filed: June 1, 1995
Made by the Minister of Health (M.O. 198/95) pursuant to
section 7 of the
Alberta Health Care Insurance Act.
Table of Contents
Definition 1
Health services 2
Rates of benefits 3
Increased benefit 4
Repeal 5
Coming into force 6
List of Oral and Facial Surgery Services
Definition
1 In this Regulation, "Schedule of Dentistry Benefits" means the
Schedule
of Dentistry Benefits prepared and published by the Department of Health
and approved by the Minister.
Health services
2 Benefits are payable for the oral and facial surgery services set out
in the list of services attached to this Regulation.
Rates of benefits
3 The rates of benefits payable for oral and facial surgery services and
descriptions of those services are set out in the
Schedule of Dentistry
Benefits.
Increased benefit
4(1) A rate higher than the rate set out in the
Schedule of Dentistry
Benefits may be payable if unusual complications occur or unusual care is
required.
(2) A request for an increased benefit must be accompanied by supporting
evidence satisfactory to the Minister.
Repeal
5 The Dental Benefits Regulation (Alta. Reg. 407/92) is repealed.
Coming into force
6 This Regulation comes into force on June 1, 1995.
LIST OF ORAL AND FACIAL SURGERY SERVICES
(
a) diagnostic interview and evaluation or consultation;
(
b) arthroscopy temporo-mandibular joint;
(
c) injection or infusion of other therapeutic or prophylactic
substance;
(
d) cranioplasty;
(
e) operations on cranial peripheral nerves;
(
f) submucous resection of nasal septum;
(
g) reduction of nasal fracture;
(
h) intranasal antrotomy;
(
i) repair and plastic operation of nasal sinus;
(
j) excision of dental lesion of jaw;
(
k) other orthodontic operation;
(
l) repair and plastic operations on tongue;
(
m) other operations on tongue;
(
n) incision of salivary gland or duct;
(
o) excision of lesion of salivary gland;
(
p) other operations on salivary gland or duct;
(
q) drainage of face or floor of mouth;
(
r) incision of palate;
(
s) excision of lesion or tissue of palate;
(
t) plastic repair of mouth (internal);
(
u) palatoplasty;
(
v) invasive diagnostic procedures on oral cavity;
(
w) other operations on mouth and face;
(
x) plastic operation on pharynx;
(
y) control of hemorrhage, not otherwise specified;
(
z) reduction of facial fractures;
(aa) incision of facial bone without division;
(bb) temporomandibular arthroplasty;
(cc) other facial bone repair and osteoplasty;
(dd) invasive diagnostic procedures on facial bones;
(ee) other operations on facial bones and joints;
(ff) sequestrectomy;
(gg) synovectomy;
(hh) repair and plastic operations on joint structures;
(ii) incision of muscle, tendon, fascia and bursa;
(jj) relaxation of scar or contracture of skin;
(kk) flap or pedicle graft;
(ll) oral and burn appliances.
Alberta Regulation 124/95
School Act
SCHOOL COUNCILS REGULATION
Filed: June 1, 1995
Made by the Minister of Education (M.O. 031/95) pursuant to
section 17(9)
of the School Act.
Table of Contents
Definitions 1
Notice of establishment meeting 2
Holding of an establishment meeting 3
Chair and secretary at establishment meeting 4
Agenda at establishment meeting 5
Right to vote at establishment meeting 6
Members of a school council 7
Faith of council members 8
Remuneration of council members 9
Prohibition against incorporation 10
School council officers 11
Duty to report to the board 12
Date for first meeting of a school council 13
Suspension of a school council 14
By-laws of a school council 15
Fees prohibited 16
Exemptions 17
Definitions
1 In this Regulation,
(a) "Act" means the School Act;
(b) "board" has the meaning given to it in the Act;
(c) "parent advisory council" means a group of persons established
before the coming into force of this Regulation that provides advice to the
principal of a school, but does not include a group that has been
established for the sole purpose of raising money for the school;
(d) "school community" means
(
i) students enrolled in the school and their parents,
(ii) children enrolled in an Early Childhood Services
program at the school and their parents,
(iii) the school staff, and
(iv) other persons who have an interest in the school.
Notice of establishment meeting
2(1) If a school has a parent advisory council, the principal must, after
consulting with that council, give notice to the following persons of a
meeting to be held for the purpose of establishing a school council for the
school:
(
a) a parent of each student enrolled in the school;
(
b) a parent of each child enrolled in an Early Childhood Services
program at the school;
(
c) the school staff;
(
d) other members of the school community who, in the principal's
opinion, should be given notice.
(2) If a school has no parent advisory council, the principal must give
the notice required under subsection (1) on his own initiative.
(3) The notice must
(
a) describe the purpose of the meeting, and
(
b) set out the time, date and location of the meeting.
(4) The notice must be given at least 21 days before the date of the
meeting.
(5) The notice to persons referred to in subsection (1)(
d) only
(
a) may be posted in 5 or more locations that are accessible to the
public in the area around the school, or
(
b) may be advertised in a publication that is circulated to the
general public in the area around the school.
Holding of an establishment meeting
3(1) Each school must hold an establishment meeting not later than
February 15, 1996.
(2) If there are fewer than 7 parents in attendance at an establishment
meeting or if an establishment meeting is not successful in establishing a
school council, the principal may establish an advisory committee for that
year.
(3) If a school is unsuccessful in establishing a school council, a
meeting must be held not later than 60 days after the start of the next
school year for the purpose of establishing a school council for that
school.
Chair and secretary at establishment meeting
4(1) If a school has a parent advisory council, the principal must, after
consulting with that council, decide who is to act as the chair and who is
to act as the secretary at the establishment meeting.
(2) If a school has no parent advisory council, the principal must make
the decisions required under subsection (1) on his own initiative.
Agenda at establishment meeting
5 The persons attending an establishment meeting must
(
a) decide, subject to
section 7(4), the size of the school
council,
(
b) decide on the term of office of each member of the school
council, and
(
c) elect the members of the school council referred to in
section
7(1)(d).
Right to vote at establish-ment meeting
6 Only persons who attend the establishment meeting and are
(
a) parents of students enrolled in the school, or
(
b) parents of children enrolled in an Early Childhood Services
program at the school
are entitled to vote on matters raised at the meeting.
Members of a school council
7(1) Each school council must consist of the following members:
(
a) the principal of the school;
(
b) at least one person who is a teacher at the school, elected by
the teachers at the school;
(
c) if the school is a senior high school, at least one person who
is a student enrolled in the school, elected by the students enrolled in
the school;
(
d) parents of students enrolled in the school, elected by parents
who attend the establishment meeting;
(
e) at least one person appointed in accordance with subsection
(2) or elected in accordance with subsection (3).
(2) The members of a school council referred to in subsection (1)(a), (b),
(
c) and (
d) may establish the process to appoint one or more persons who
have an interest in the school as members of the school council.
(3) Parents who attend the establishment meeting may elect as a member of
the school council at least one person who is a parent of a child enrolled
in an Early Childhood Services program at the school.
(4) A school council must consist of
(
a) a minimum of 7 members if the school is an elementary or junior
high school, or
(
b) a minimum of 9 members if the school is a senior high school.
Faith of council members
8 Unless a resolution has been passed under
section 17(3) of the Act, the
members of a school council may be of any faith.
Remuneration of council members
9 No member of a school council shall receive any remuneration for acting
as a member of the council.
Prohibition against incorporation
10 No school council shall incorporate under the Societies Act or
Part 9
of the Companies Act.
School council officers
11(1) Each school council must have a chair and any other officers
required by the by-laws of the school council.
(2) Every member of a school council is eligible to be elected as an
officer of the school council.
Duty to report to the board
12 The chair of a school council must prepare and provide to the board
annually a report
(
a) setting out the activities of the school council in the year,
(
b) including a financial statement relating to money handled by
the school council in the year, if any, and
(
c) including a copy of the minutes for each meeting of the school
council held in the year.
Date for first meeting of a school council
13(1) For the 1995-96 school year, the first meeting of the school council
must be held on or before March 1, 1996.
(2) For any school year after the 1995-96 year, the first meeting of the
council must be held not later than 70 days after the start of the school
year or as specified in the by-laws.
Suspension of a school council
14(1) If a quorum is not available for a meeting of a school council and
the meeting has been re-scheduled on 2 or more occasions, the board may
suspend the operation of the school council until the following year.
(2) If the operation of a school council is suspended, the principal may
establish an advisory committee to carry out the duties of the school
council until a new school council is established.
(3) A new school council must be established not later than 60 days after
the start of the next school year in accordance with sections 2 to 7.
By-laws of a school council
15(1) Each school council may make by-laws
(
a) respecting the calling of special or other meetings of the
school council;
(
b) prescribing other officers, in addition to the chair, required
for the school council;
(
c) respecting the role of the chair and other officers of the
school council relating to the conduct of the school council's affairs;
(
d) respecting the number of times the school council must meet
each year;
(
e) respecting the location of school council meetings;
(
f) respecting the number of school council members that
constitutes a quorum at meetings of the school council;
(
g) respecting the election of the officers of the school council;
(
h) respecting a conflict resolution process for internal school
council disputes.
(2) A by-law under subsection (1) does not come into force unless it is
approved by a majority of
(
a) parents of students enrolled in the school, and
(
b) parents of children enrolled in an Early Childhood Services
program at the school
who vote at a special meeting of the school council called for that
purpose.
(3) The by-laws continue in force from year to year unless
(
a) they are amended at a special meeting of the school council
called for that purpose, and
(
b) the amendment is approved in accordance with subsection (2).
Fees prohibited
16 No school council shall be charged a fee for the use of the school or
school facilities for the purpose of holding a meeting of the school
council.
Exemptions
17 The following are exempt from the application of
section 17 of the Act
and this Regulation:
(
a) a school for resident students of the Government as described
section 27(6) of the Act that is provided in an institution approved by
the Minister;
(
b) a school for students that is provided in an institution
approved by the Minister.