Alberta Regulation 19/2006

School Act

STUDENT RECORD AMENDMENT REGULATION

Filed: February 1, 2006

For information only: Made by the Minister of Education (M.O. 004/2006) on

January 25, 2006 pursuant to

section 23(9) of the School Act.

1 The Student Record Regulation (AR 71/99) is amended

by this Regulation.

Section 9 is amended by striking out "2006" and

substituting "2007".

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

Alberta Regulation 20/2006

Vital Statistics Act

ACCESS TO INFORMATION AMENDMENT REGULATION

Filed: February 2, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 36/2006)

on February 1, 2006 pursuant to

section 47 of the Vital Statistics Act.

1 The Access to Information Regulation (AR 162/2001) is

amended by this Regulation.

Section 3 is amended by striking out "2006" and

substituting "2009".

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

Alberta Regulation 21/2006

Alberta Personal Income Tax Act

ALBERTA RESOURCE REBATE REGULATION

Filed: February 2, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 39/2006)

on February 1, 2006 pursuant to

section 35.2 of the Alberta Personal Income Tax Act.

Table of Contents

Definitions

2 Prescribed dates

3 Additional entitled individuals

4 Qualified dependants

5 Amount of refund

6 Collection, use and disclosure of personal information

Definitions

1 In this Regulation, "independent minor" means a minor who

(

a) is married or is an adult interdependent partner,

(

b) is widowed,

(

c) is divorced,

(

d) is the parent of at least one child, or

(

e) is living independently,

but does not include a youth who is the subject of a custody agreement

or a family enhancement agreement under

section 57.2 of the Child,

Youth and Family Enhancement Act.

Prescribed dates

2 The date for the purposes of

section 35.2(1)(

b) of the Act is

November 1, 2005.

Additional entitled individuals

3 For the purposes of

section 35.2(1)(

d) of the Act, the following

individuals or classes of individuals are deemed to have made an

overpayment on account of the individual's liability under this

Regulation for the 2005 taxation year:

(

a) a person

(

i) who was resident in Alberta on September 1, 2005 but

did not file a 2004 Canadian Tax return because they

were not resident in Canada at any time in 2004, and

(ii) who files a return in Canada for the 2005 taxation year

on or before December 31, 2006;

(

b) an independent minor who was resident in Alberta on

September 1, 2005 and files a return in Canada for the 2004

taxation year on or before December 31, 2006 but does not

include a minor

(

i) who, as of January 1, 2006, was a qualified dependent,

(ii) who, on November 1, 2005, was the subject of a

custody agreement or a family enhancement agreement

under

section 57.2 of the Child, Youth and Family

Enhancement Act.

Qualified dependants

4 For the purposes of

section 35.1(1)(c)(i)(

B) of the Act, the

following are qualified dependents with respect to an eligible

individual not resident in Alberta on September 1, 2005 but who

becomes resident in Alberta before January 1, 2006,

(

a) a child born to or adopted by the eligible individual before

January 1, 2006 while the eligible individual was resident in

Alberta;

(

b) a child of the individual who at the time of death was resident

in Alberta and who died before January 1, 2006 while the

eligible individual was resident in Alberta.

Amount of refund

5 The amount of a refund of an overpayment that may be paid to an

eligible individual described in

section 4 is $400 in respect of each

qualified dependant referred to in

section 4.

Collection, use and disclosure of personal information

6(1) In this section,

(a) "applicant" means an individual described in

section 3(

b) or

an individual who did not receive a refund but who believes

he or she is eligible for it;

(b) "personal information" and "public body" have the meaning

given to them in the Freedom of Information and Protection

of Privacy Act.

(2) The Provincial Minister may, for the purpose of administering

Part

1, Division 4.1 of the Act,

(

a) collect personal information from public bodies and the

Canada Revenue Agency, and use the information collected,

and

(

b) disclose personal information to public bodies and the

Canada Revenue Agency.

(3) Notwithstanding the generality of subsection (2), an applicant

must, on the application required by the Provincial Minister,

(

a) provide at least the following personal information:

(

i) the applicant's name, address, telephone number, date

and place of birth and social insurance number;

(ii) proof satisfactory to the Provincial Minister that the

applicant was resident in Alberta on September 1, 2005;

(iii) an explanation as to why the applicant believes he or

she is eligible for the refund;

(iv) any other information necessary for the Provincial

Minister to determine the applicant's eligibility to

receive the refund,

and

(

b) provide consent to the Provincial Minister to collect and

disclose, subject to subsection (4), personal information

about the applicant that the Provincial Minister considers

necessary in order to determine the applicant's eligibility to

receive the refund of an overpayment and to administer the

payment of the refund.

(4) Information referred to in subsection (3)(

b) may only be collected

from and disclosed to the Canada Revenue Agency, the Department of

Children's Services and the Department of Solicitor General and

Public Security.

(5) The Solicitor General and Minister of Public Security may, for the

purpose of determining if

section 35.1(2) of the Act apples to an

individual, disclose personal information to the Canada Revenue

Agency.

Alberta Regulation 22/2006

Natural Gas Price Protection Act

NATURAL GAS PRICE PROTECTION AMENDMENT REGULATION

Filed: February 2, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 41/2006)

on February 1, 2006 pursuant to

section 7 of the Natural Gas Price Protection Act.

1 The Natural Gas Price Protection Regulation

(AR 157/2001) is amended by this Regulation.

Section 1 is amended

(

a) by adding the following after subsection (1)(a.1):

(a.2) "district heating system" means a system referred to in

section 17.1(2);

(

b) by repealing subsection (1)(

b) and substituting the

following:

(b) "eligible consumer" means,

(

i) in respect of marketable gas, a person who

consumes or uses marketable gas, unless

Part 2

indicates otherwise,

(ii) in respect of an other substance, a person who

purchases the other substance, unless

Part 3

indicates otherwise, and

(iii) in respect of energy from hot water or steam, a

person who consumes or uses energy from hot

water or steam through a district heating system,

unless

Part 3.1 indicates otherwise;

(

c) by repealing subsection (1)(

e) and substituting the

following:

(e) "meter" means a meter used to measure, for billing

purposes, the consumption or use of marketable gas, an

other substance or energy from hot water or steam;

(

d) by repealing subsection (1)(

g) and substituting the

following:

(g) "non-industrial purpose" means a purpose other than an

industrial purpose;

(

e) by repealing subsection (1)(h.1) and substituting

the following:

(h.1) "rebate period" means,

(

i) in the case of an eligible consumer other than an

agricultural consumer,

(

A) commencing November 1, 2003, the 5-month

periods running from November 1 in a year to

March 31 in the following year, ending

March 31, 2005, and

(

B) commencing October 1, 2006, the 6-month

periods running from October 1 in a year to

March 31 in the following year, ending

March 31, 2009,

and

(ii) subject to subsections (4) and (5), in the case of an

agricultural consumer,

(

A) any 5 calendar months elected by the

agricultural consumer that occur within each

of the 12-month periods running from April

1, 2003 to March 31, 2004, from April 1,

2004 to March 31, 2005 and from April 1,

2005 to March 31, 2006, and

(

B) any 6 calendar months elected by the

agricultural consumer that occur within each

of the 12-month periods running from April

1, 2006 to March 31, 2007, from April 1,

2007 to March 31, 2008 and from April 1,

2008 to March 31, 2009;

(

f) in subsection (3)

(

i) by striking out "subsection (1)(h.1)(ii)(A)" and

substituting "subsection (1)(h.1)(ii)";

(ii) in clause (

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

clause (b), by adding "and" at the end of clause

(

c) and by adding the following after clause (c):

(

d) for the 12-month periods occurring after March 31,

2006, June 30 immediately following the

applicable rebate period.

(

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

(5) Where, for a period up to the period ending March 31,

2006, an agricultural consumer fails to make an election as

required under subsection (3), the rebate period is,

(

a) in the case of an agricultural consumer who operates a

commercial greenhouse, the months of April,

December, January, February and March in each of the

12-month periods referred to in subsection

(1)(h.1)(ii)(A),

(

b) in the case of an agricultural consumer who operates a

grain dryer, the months of August, September, October,

November and December in each of the 12-month

periods referred to in subsection (1)(h.1)(ii)(A),

(

c) in the case of an agricultural consumer who operates a

forage dehydrator, the months of June, July, August,

September and October in each of the 12-month periods

referred to in subsection (1)(h.1)(ii)(A), and

(

d) in the case of an agricultural consumer who operates an

irrigation system for agricultural purposes, the months

of May, June, July, August and September in each of

the 12-month periods referred to in subsection

(1)(h.1)(ii)(A).

Section 1.1 is amended by striking out "and" at the end of

clause (a), by adding ", and" at the end of clause (

b) and by

adding the following after clause (b):

(

c) energy from hot water or steam consumed or used

Section 2 is amended by adding the following after

subsection (4):

(5) If an entity in subsection (1) merges with another entity in

subsection (1), for the purposes of this

section the merged entity is

deemed to have 2 identical gas cost recovery rates or gas cost

flow-through rates, as the case may be.

Section 6 is repealed and the following is substituted:

Person not an eligible consumer

6 A person who purchases and receives marketable gas is not, for

the purposes of this Part, an eligible consumer in relation to that

gas measured by a single meter

(

a) if the marketable gas or any portion of the marketable

gas is used or consumed

(

i) outside Alberta,

(ii) as a motive fuel,

(iii) in processes and activities directly related to the

exploration for or the production, processing,

re-processing, refining, upgrading, storage or

transport of natural gas, petroleum or oil sands, or

(iv) for feedstock purposes,

(

b) if the marketable gas or any portion of the marketable

gas is resold.

Section 8(2) is repealed and the following is substituted:

(2) Where an eligible consumer consumes or uses marketable gas

for industrial and non-industrial purposes that is measured by a

single meter, all the marketable gas measured by that meter is

deemed to be consumed or used for an industrial purpose.

Section 9 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) An eligible consumer must apply for a rebate referred to in

subsection (1)

(

a) where the marketable gas is purchased from a direct

seller,

(

b) where the Minister makes a request under subsection

(6), or

(

c) where the eligible consumer is an agricultural

consumer, unless the vendor is authorized under

section

18.4 to provide the rebate on the agricultural

consumer's bill.

(

b) in subsection (6.1) by adding "immediately" after

"June 30";

(

c) by repealing subsection (6.11);

(

d) in subsection (6.2) by adding "immediately" after

"August 31".

8 Sections 10 and 11 are repealed.

Section 13 is repealed and the following is substituted:

Person not an eligible consumer

13 A person who purchases and receives an other substance

measured by a single meter or stored in a single tank is not, for the

purposes of this Part, an eligible consumer in relation to that

substance measured by that meter or stored in that tank,

(

a) in respect of propane, heating oil or kerosene,

(

i) if the propane, heating oil or kerosene or any

portion of it is used or consumed

(

A) outside Alberta,

(

B) as a motive fuel,

(

C) in processes or activities directly related to

the exploration for or the production,

processing, re-processing, refining,

upgrading, storage or transport of natural gas,

petroleum or oil sands, or

(

D) for feedstock purposes,

(ii) if the propane, heating oil or kerosene, or any

portion of it, is resold,

(

b) in respect of electricity,

(

i) if there is an existing natural gas line to the

residence where the electricity is delivered or the

residence is equipped with an appliance capable of

using propane, kerosene or fuel oil for heating

purposes, unless

section 14 applies, or

(ii) if the person applies for a rebate in respect of

electricity used to heat anything other than a

residence.

10 The following is added after

section 15:

Rebate payable

15.1(1) A rebate under this

Part is payable in respect of other

substances purchased and received by an eligible consumer and

measured by a meter or provided in a tank.

(2) Where an other substance measured by a single meter or stored

in a single tank is used or consumed for both industrial and

non-industrial purposes, all of that other substance measured by

that meter or contained in that tank is deemed to be consumed or

used for an industrial purpose.

Direct payment

15.2 Subject to

section 18.4, a rebate under this Part must be paid

directly to an eligible consumer.

Section 16 is amended

(

a) by repealing subsections (1) and (1.1) and

substituting the following:

Application

16(1) An eligible consumer must apply for a rebate for an

other substance not later than June 30 immediately following

the applicable rebate period unless a vendor is authorized under

section 18.4 to provide the rebate directly on the eligible

consumer's bill.

(

b) in subsection (2) by adding "immediately" after

"August 31".

Section 17 is repealed.

13 The following is added after

Part 3:

Part 3.1

Rebate Relating to Cost of Energy

from Hot Water or Steam

Application of

Part

17.1(1) This Part applies to energy from hot water or steam

provided through a district heating system to an eligible consumer.

(2) A district heating system is a system, approved by the

Minister, whereby energy from hot water or steam that is produced

primarily by a fuel other than marketable gas, propane, heating oil

or kerosene is sold to an eligible consumer.

Minister considers appropriate, approve a district heating system

(

a) if the cost charged to a consumer for the energy from

hot water or steam is, in the opinion of the Minister,

determined in a fair and reasonable manner,

(

b) if the energy from hot water or steam purchased by an

eligible consumer is measured by a meter, and

(

c) if a bill will be issued by the vendor in a form and

manner acceptable to the Minister.

Authorization to pay rebate

17.2 The Minister may, in accordance with this Regulation, pay a

rebate to eligible consumers to assist in the cost of energy from hot

water or steam.

Person not an eligible consumer

17.3 A person who consumes or uses energy from hot water or

steam is not, for the purposes of this Part, an eligible consumer in

relation to that energy as measured by a single meter,

(

a) if the energy from hot water or steam or any portion of

it is used or consumed

(

i) outside Alberta,

(ii) as a motive fuel,

(iii) for an industrial purpose, or

(iv) in processes or activities directly related to the

exploration for or the production, processing,

re-processing, refining, upgrading, storage or

transport of natural gas, petroleum or oil sands,

(

b) if the energy from hot water or steam or any portion of

it is resold.

Amount of rebate

17.4(1) The amount of a rebate payable under this

Part is the

amount determined in accordance with

Schedule 2.

(2) In no case may the amount of the rebate for a calendar month

exceed the cost of the energy from hot water or steam charged to

the consumer for that month.

(3) The cost of the energy from hot water or steam shall not

include costs determined by the Minister to be ineligible.

Direct payment

17.5 Subject to

section 18.4, a rebate under this Part must be paid

directly to an eligible consumer.

Application for rebate

17.6(1) An eligible consumer must apply for a rebate for energy

from hot water or steam not later than June 30 immediately

following the applicable rebate period unless a vendor is

authorized under

section 18.4 to provide the rebate directly on the

eligible consumer's bill.

(2) Where an eligible consumer applies for a rebate under

subsection (1), receipts evidencing the purchase and receipt of the

hot water or steam by the eligible consumer must be provided to

the Minister not later than August 31 immediately following the

applicable period.

14 The following is added after

section 18:

Duty of issuer of bill

18.1 Where a rebate is paid to a vendor for the benefit of an

eligible consumer, the person who issues a bill to the eligible

consumer must, in accordance with the instructions of the Minister,

(

a) display on the bill the total amount of the rebate and the

name of the rebate in a form acceptable to the Minister,

and

(

b) include with any statement, receipt or invoice issued by

that person to the eligible consumer the information

specified by the Minister.

Duty of vendor and other entity

18.2(1) Where a rebate is paid to a vendor for the benefit of an

eligible consumer, the vendor and each entity to which the vendor

has passed on the benefit of the rebate must, in accordance with the

instructions of the Minister,

(

a) pass on the benefit of the rebate to the eligible

consumer,

(

b) maintain records relating to the benefit that are

sufficient to enable its auditor to perform the duty set

out in clause (c),

(

c) provide to the Minister, not later than 14 months after

the end of each rebate period, written confirmation from

its auditor in a form acceptable to the Minister that the

benefit has been passed on in accordance with this

Regulation, and

(

d) provide to the Minister, on request, any records and

information maintained by it relating to the benefit.

(2) On and from the date when the Minister receives and approves

a written confirmation under subsection (1)(

c) in respect of a

rebate period,

(

a) the obligation of a vendor to pass on the benefit of a

rebate with respect to that rebate period terminates, and

(

b) no vendor is entitled to any further reimbursement for

having passed on the benefit of a rebate in respect of

that rebate period.

(3) Notwithstanding subsection (2), where the Minister considers

it appropriate to do so, the Minister may, with respect to a

particular vendor, prescribe a date for the purpose of subsection

(2)(

a) and (

b) that is later than the date of receipt and approval of

the written confirmation.

Reimbursement of vendor's administrative costs

18.3 The Minister may, on application by a vendor in a form

acceptable to and supported by information required by the

Minister, reimburse the vendor for its reasonable costs of

administering a rebate program under this Act, as determined by

the Minister.

Direct rebates

18.4 If the Minister considers it appropriate to do so, the Minister

may authorize a vendor of marketable gas, propane, heating oil or

kerosene or energy from hot water or steam to apply, in the manner

prescribed by the Minister, rebates directly on the eligible

consumer's bill.

Section 19(b)(iii) is repealed and the following is

substituted:

(iii) a rebate has previously been paid in respect of the marketable

gas, other substance or energy from hot water or steam that is

the subject of the application.

Section 20 is repealed and the following is substituted:

Minister's discretion

20(1) Where the Minister considers it appropriate to do so, the

Minister may, with respect to a particular eligible consumer or

vendor or class of consumers or vendors,

(

a) adjust the volume of marketable gas, other substance or

energy from hot water or steam in respect of which a

rebate is payable,

(

b) terminate the payment of a rebate, or

(

c) accept documents from an eligible consumer up to 2

years after a time referred to in

section 9(6.2), 16(2) or

17.6(2) if the required documents were provided by the

vendor after a time determined by the Minister.

(2) Notwithstanding

section 1.1, where an other substance is

purchased and received in a calendar month and all or part of the

other substance is consumed during one or more other calendar

months, the Minister may, if the Minister considers it appropriate,

determine

(

a) that all or part of the other substance is deemed to have

been purchased and received in one or more other

calendar months, and

(

b) the manner in which the amount of the other substance

deemed to be purchased and received in other calendar

months is calculated for the purposes of this Regulation.

(3) Where a vendor's bill for marketable gas, an other substance

or energy from hot water or steam covers a period other than a

calendar month, the Minister may determine the manner in which

the amount of marketable gas or energy from hot water or steam

consumed or used, or the amount of the other substance purchased,

in a calendar month is calculated for the purposes of this

Regulation.

(4) If the meter reading on which a vendor's bill for marketable

gas or energy from hot water or steam is based includes a period of

not more than 5 days before or after a calendar month, the Minister

may, for the purpose of paying rebates under this Regulation,

include that period in the calendar month.

(5) The Minister may impose conditions to the payment of a

rebate with respect to a particular eligible consumer or vendor or

class of consumers or vendors.

Minister considers appropriate, exempt a consumer or class of

consumers from

section 6(b), 8(2), 15.1(2) or 17.3(a)(iii) or (b).

Section 21.1(1) is amended by striking out "or classes".

18 Schedules 1 and 2 are repealed and the following is

substituted:

Schedule 1

1 Marketable gas, other substances or energy from hot water and

steam consumed or used in any of the following industries, as listed

in the Workers' Compensation Board Classification Manual, is

considered to be consumed or used for an industrial purpose:

Mining and Petroleum Development

Rate Group

Industry

Industry Title

Mining - Underground

Mining - Open Pit

Overburden Removal

Refine - Sand/Coal

Cement Mfg. Including Quarrying

Lime Mfg. Including Quarrying

Sulphur Process

Land/Permit Man Services

Mine/Refine - Salt

Seismic Survey

Drilling - Water Well/Deep Core

Procuring Soil Samples

Manufacturing, Processing and Packaging

Rate Group

Industry

Industry Title

Poultry Loading Services

Meat Processing

Rendering Plants

Dairy Products Processing

Fruit Juice Processing

Beet Sugar Processing

Vegetable Oils/Yeast Mfg.

Medicine/Vitamins Mfg.

Seed Cleaning Plants

Feed Mills

Flour Mills

Malt Mfg.

Peat Moss - Harvest/Process

Forage Processing

Egg Grading

Bakeries

Food Process - Misc.

Candy Mfg.

Pasta Manufacture

Vegetables Process/Grade

Soft Drinks/Water/Ice - Mfg.

Liquor/Wine - Mfg.

Breweries

Aluminum/Metal Extrusion

Plastic Products - Mfg.

Leather Goods - Mfg./Repair

Rope/Carpet - Mfg./Repair

Crests/Pennants - Mfg./Repair

Drapes/Linens - Mfg./Repair/Install

Wearing Apparel - Mfg./Repair

Sawmills/Planing Mills

Peel/Point - Posts

Treating of Timber

Wood Products - Mfg.

Finishing Carpentry

Upholstered Furniture -

Mfg./Repair

Furniture Refinishing

Pulp Mills

Panel Board - Mfg.

Cardboard Box/Tubing/Bag - Mfg.

Rubber Stamps/Stencils - Mfg.

Vinyl Goods - Mfg./Repair

Phone Equipment - Mfg./Install

Light Fixtures - Mfg./Asmb.

Electrical Components - Mfg.

Instrumentation - Mfg.

Jewelry - Mfg.

Lapidary Services

Sporting Equipment/Brooms - Mfg.

Pottery - Mfg.

Taxidermists

Envelope Manufacturing

Printing/Book Binding

Publish without Printing

Publish with Printing

Newspaper/Flyer Distribution

Electronic Print/Photofinishing

Foundries, Iron & Steel

Scrap/Salvage Dealers

Steel Pipe Mfg.

Steel Svce Centre - No Salvage

Metal Furniture Mfg.

Steel Mfg. - Exclude Foundries

Steel/Metal Fabrication

Heat Treating/Stress Relieving

Pipe Cleaning/Coating

Industrial Electric Equipment -

Mfg.

Welding

Sheet Metal Shops

Heat/Cooling Equipment Mfg.

Switchboard/Electrical Panel - Mfg.

Metal/Porcelain Prod. - Coating

Machining

Tires/Rubber Products - Mfg.

Tanneries

Asphalt Roofing Products - Mfg.

Pre-Mixed Cement/Sand/Soil -

Mfg.

Gypsum Board - Mfg.

Clay Bricks - Mfg.

Fibreglass Insulation - Mfg.

Foundry - Non Ferrous

Concrete Products Mfg.

Artificial Stone Products - Mfg.

Fibreglass Reinforced Products -

Mfg.

Transit Mix Operations

Refine - Crude/Used Oil

Fertilizer Mfg./Nickel Refine

Petrochemicals - Mfg.

Industrial Gases - Mfg.

Signs/Advertising Displays - Mfg.

Picture Frame, Case, Casket - Mfg.

Window/Store Display Ad Services

Awnings/Tents/Tarps - Mfg./Repair

Outdoor Advertising

Industrial Belting - Install/Svce

Compressors/Power Unit - Mfg.

Transportation, Communication and Utilities

Rate Group

Industry

Industry Title

Electric Power Companies

Natural Gas Distribution

Schedule 2

Amount of Rebates

Column 1

Alberta Price

$/GJ

Column 2

Marketable gas

$/GJ

Column 3

Propane

cents/litre

Column 4

Kerosene

cents/litre

Column 5

Heating oil

cents/litre

Column 6

Electricity

cents/Kwh

Column 7

Energy from hot

water or steam

$/GJ

Row 1

0.000-5.500

No rebate

No rebate

No rebate

No rebate

No rebate

No rebate

Row 2

5.501-7.500

1.50

3.83

5.65

5.80

0.54

1.50

Row 3

7.501-9.000

2.50

6.38

9.42

9.67

0.90

2.50

Row 4

9.001-12.000

3.25

8.30

12.25

12.57

1.17

3.25

over 12.000

see Note 2

see Note 2

see Note 2

see Note 2

see Note 2

see Note 2

Notes:

1. When the Alberta Price for marketable gas for a calendar month in a rebate period is in one of the ranges set out in a Row in

Column 1, the rebate payable for marketable gas or energy from hot water or steam consumed or used or an other substance

purchased during that month is the amount calculated based on the amount shown in the corresponding Column in Columns 2 to 7.

2. Where the Alberta Price is over $12.000/GJ, the rebate for the marketable gas, an other substance or energy from hot water or

steam is the total of the amount referred to in Row 4 and,

(

a) in the case of marketable gas, an additional amount per GJ that is equal to the amount by which the Alberta Price exceeds

$12.000/GJ, rounded up to the nearest cent,

(

b) in the case of an other substance, an additional amount per litre or Kwh, as the case may be, calculated on a heat equivalent basis

as determined by the Minister and based on the amount by which the Alberta price exceeds $12.000/GJ, and

(

c) in the case of energy from hot water or steam, an additional amount per GJ that is equal to the amount by which the Alberta Price

exceeds $12.000/GJ.

The amount of rebate payable under Parts 2 and 3 of the Regulation for the months of October, November and December, 2005, and

for the month of January, 2006, may, for classes of consumers determined by the Minister of Energy, be increased by such amount

determined by the Minister of Energy.

Alberta Regulation 23/2006

Safety Codes Act

RELEASE OF INFORMATION AMENDMENT REGULATION

Filed: February 2, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 44/2006)

on February 1, 2006 pursuant to

section 63 of the Safety Codes Act.

1 The Release of Information Regulation (AR 83/2001) is

amended by this Regulation.

Section 4 is amended by striking out "February 28, 2006"

and substituting "February 28, 2011".

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

Alberta Regulation 24/2006

Public Trustee Act

PUBLIC TRUSTEE INVESTMENT REGULATION

Filed: February 2, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 49/2006)

on February 1, 2006 pursuant to

section 46 of the Public Trustee Act.

Table of Contents

Definitions

2 Interest rate objective

3 Interest on guaranteed accounts

4 Investment standards

5 Valuation of assets

6 Transfers from common fund to general revenue fund

7 Separate investments

8 Expiry

9 Amends AR 241/2004

Definitions

1 In this Regulation,

(a) "average" means the mean average;

(b) "daily interest rate" is the number by which the principal

balance in a client's guaranteed account on a particular day is

multiplied to determine the interest credited to the client for

that day;

(c) "fiscal year" means April 1 to March 31;

(d) "reference rate" means the rate determined in accordance

with

section 2(1).

Interest rate objective

2(1) For the purpose of this section,

benchmark bond;

(

b) the reference rate on a particular day is the average of the

effective annual rate on the reference instrument for each day

during the immediately preceding 5-year period for which the

Bank of Canada publishes the yield on the reference

instrument;

(

c) the effective annual rate on the reference instrument for a

particular day is the value of R in the equation

where

Y is the yield (expressed as a decimal fraction) for that

day on the reference instrument, as published by the

Bank of Canada in CANSIM series V39053;

(

d) the average effective annual interest rate on guaranteed

accounts during a fiscal year is the value of R in the equation

where

D is the average daily interest rate (expressed as a decimal

fraction) during that fiscal year, and

N is the number of days in the fiscal year.

(2) The objective for the purpose of this Regulation is that the average

effective annual interest rate on guaranteed accounts during a fiscal

year will be at least 90% of the average of the reference rate for each

day during the fiscal year.

(3) The Public Trustee shall publish the following information in the

Alberta Gazette within one month after the end of each fiscal year:

(

a) the average effective annual interest rate on guaranteed

accounts during the fiscal year;

(

b) the average reference rate during the fiscal year;

(

c) the ratio (expressed as a percentage, rounded to the first

decimal place) of the average referred to in clause (

a) to the

average referred to in clause (b).

Interest on guaranteed accounts

3(1) In setting the interest rate on guaranteed accounts, the Public

Trustee must consider the objective referred to in

section 2(2) and may

consider any other matter that in the opinion of the Public Trustee is

appropriate to consider.

(2) The Public Trustee shall

(

a) calculate interest based on the minimum daily balance on

each guaranteed account, and

(

b) credit interest to guaranteed accounts on the last day of each

month, except where interest is credited to a guaranteed

account earlier in a month on a final distribution.

(3) Subject to subsection (4), the Public Trustee may change the

interest rate on guaranteed accounts at any time.

(4) The Public Trustee shall give notice of any change in the interest

rate on guaranteed accounts by publishing a notice in the Alberta

Gazette before the effective date of the change.

Investment standards

4 For the purpose of

section 36 of the Act, the Public Trustee

(

a) shall consider

(

i) the objective set out in

section 2(2),

(ii) the objective of managing the risk to the Crown arising

from its guarantee of the amount outstanding on

guaranteed accounts,

(iii) opportunities for prudent diversification of common

fund investments that may be provided by a surplus of

common fund assets over guaranteed account liabilities,

and

(iv) anticipated cash flow requirements relating to the

common fund and guaranteed accounts,

and

(

b) may consider any other matter that the Public Trustee

considers relevant.

Valuation of assets

5 For the purposes of this Regulation and

section 35(2) of the Act,

common fund assets must be valued in accordance with Canadian

generally accepted accounting principles.

Transfers from common fund to general revenue fund

6(1) For the purpose of

section 32(4) of the Act, the Public Trustee

may in any fiscal year transfer from the common fund to the General

Revenue Fund an amount not exceeding the value of the common

fund's assets at the beginning of the fiscal year, multiplied by the

multiplier for the fiscal year, as determined under subsection (2).

(2) The multiplier is determined by calculating the ratio (expressed as

a percentage, rounded to the first decimal place) of A to B

where

A is the average effective annual interest rate on guaranteed

accounts during the preceding fiscal year, as calculated in

accordance with

section 2(1)(d);

B is the average of the reference rate for each day during the

preceding fiscal year,

and by applying that ratio in accordance with the following

Table:

Table

If the ratio is at least equal to the percentage in column 1 and is not

greater than the percentage is column 2, the multiplier is the number in

column 3.

Column 1

Column 2

Column 3

89.9%

0.000

90.0%

92.4%

0.002

92.5%

94.9%

0.004

95.0%

97.4%

0.006

97.5%

99.9%

0.008

100%

0.010

(3) Subject to the maximum amount determined under subsection (1),

in determining the amount to be transferred from the common fund to

the General Revenue Fund in a fiscal year, the Public Trustee

(

a) must consider the long-term capacity of the common fund to

support payment of interest on guaranteed accounts in

accordance with the objective described in

section 2(2), and

the anticipated effect of transfers on that capacity, and

(

b) may consider any other matter that the Public Trustee

considers relevant.

(4) For the purpose of determining the amount that may be transferred

under subsection (1) in the fiscal year ending March 31, 2006, the

multiplier is 0.010.

Separate investments

7 The Public Trustee may reinvest income or distributions from a

security that the Public Trustee has retained under

section 37(4) of the

Act in additional securities of the same issuer.

Expiry

8 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 January 31, 2016.

Amends AR 241/2004

9 The Public Trustee General Regulation (AR 241/2004) is

amended

(

a) in

section 6 by adding the following after

subsection (2):

(3) The following fees are prescribed for the purpose of

section

21(11) of the Act:

(

a) for the initial review under

section 21(2)(

a) of the Act,

(

i) a file-opening fee of $75, plus

(ii) $100 per hour for time expended by the Public

Trustee to obtain and review the information

referred to in

section 21(2)(

a) of the Act;

(

b) for each review under

section 21(2)(

b) of the Act,

(

i) a minimum fee of $100, plus

(ii) $100 per hour for time in excess of one hour that is

expended by the Public Trustee to obtain and

review the statements and information referred to

in subsection (2);

(

c) a fee that the Public Trustee considers reasonable for

anything done under

section 21(5) of the Act.

(

b) by repealing sections 8, 9 and 10.

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

Alberta Regulation 25/2006

Teachers' Pension Plans Act

TEACHERS' PENSION PLANS (LEGISLATIVE PROVISIONS)

(RELATIONSHIP BREAKDOWN EXTENSION 2006)

AMENDMENT REGULATION

Filed: February 2, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 50/2006)

on February 1, 2006 pursuant to

section 23 of the Teachers' Pension Plans Act.

1 The Teachers' Pension Plans (Legislative Provisions)

Regulation (AR 204/95) is amended by this Regulation.

Section 17(3) is amended by striking out "2006" and

substituting "2007".

Alberta Regulation 26/2006

Corrections Act

DESIGNATED CORRECTIONAL INSTITUTIONS AMENDMENT ORDER

Filed: February 2, 2006

For information only: Made by the Solicitor General and Minister of Public Security

(M.O. 2/2006) on January 31, 2006 pursuant to

section 6(2) of the Corrections Act.

1 The Designated Correctional Institutions Order

(AR 252/99) is amended by this Order.

Section 1 is repealed and the following is substituted:

Designated correctional institutions

1 The following facilities are hereby designated as correctional

institutions:

(

a) Alberta Hospital Edmonton - the Helen Hunley Pavilion, in

the City of Edmonton;

(

b) Alsike Minimum Security Camp, in the County of Leduc No.

25;

(

c) Calgary Correctional Centre, in the City of Calgary;

(

d) Calgary Remand Centre, in the City of Calgary;

(

e) Edmonton Remand Centre, in the City of Edmonton;

(

f) Fort McMurray Minimum Security Camp, in the Regional

Municipality of Wood Buffalo;

(

g) Fort Saskatchewan Correctional Centre, in the City of Fort

Saskatchewan;

(

h) Kainai Correctional Centre, located on the Blood Indian

Reserve, Stand Off;

(

i) Lethbridge Correctional Centre, in the City of Lethbridge;

(

j) Medicine Hat Remand Centre, in the City of Medicine Hat;

(

k) Metis Nation Wilderness Camp, located in the north-west

corner of the south-west quarter of

section 22, township 67,

range 12, west of the 4th meridian;

(

l) Peace River Correctional Centre, in the Town of Peace River;

(

m) Red Deer Remand Centre, in the City of Red Deer;

(

n) Southern Alberta Forensic Psychiatry Centre, in the City of

Calgary.

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

Alberta Regulation 27/2006

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF

PRIVACY AMENDMENT REGULATION

Filed: February 8, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 54/2006)

on February 8, 2006 pursuant to

section 94 of the Freedom of Information and

Protection of Privacy Act.

1 The Freedom of Information and Protection of Privacy

Regulation (AR 200/95) is amended by this Regulation.

Section 6 is repealed and the following is substituted:

Consent to disclosure

6(1) In this section,

(a) "electronic" includes created, recorded, transmitted or

stored in digital form or in any other intangible form by

electronic, magnetic or optical means or by any other

means that have similar capabilities for creation,

recording, transmission or storage;

(b) "electronic signature" means electronic information that

a person creates or adopts in order to sign a record and

that is in, attached to or associated with the record.

(2) The consent of an individual to a public body's using or

disclosing any of the individual's personal information under

section 39(1)(

b) or 40(1)(

d) of the Act

(

a) must meet the requirements of subsection (4), (5) or (6),

and

(

b) must specify to whom the personal information may be

disclosed and how the personal information may be

used.

(3) The consent or request of a third party under

section 17(2)(

a) of the Act must meet the requirements of subsection (4), (5) or (6).

(4) For the purposes of this section, a consent in writing is valid if

it is signed by the person who is giving the consent.

(5) For the purposes of this section, a consent in electronic form is

valid if

(

a) the head of the public body has established rules

respecting the purposes for which consent in an

electronic form is acceptable,

(

b) the purpose for which the consent is given falls within

one or more of the purposes set out in the rules

mentioned in clause (a),

(

c) the public body has explicitly communicated that it will

accept consent in an electronic form,

(

d) the consent in electronic form

(

i) is accessible by the public body so as to be usable

for subsequent reference,

(ii) is capable of being retained by the public body,

and

(iii) meets the information technology standards, if any,

established by the public body,

(

e) the consent in electronic form includes the electronic

signature of the person giving the consent,

(

f) the electronic signature

(

i) is reliable for the purposes of identifying the

person giving the consent, and

(ii) meets the information technology standards and

requirements as to the method of making the

signature and as to the reliability of the signature,

if any, established by the public body,

and

(

g) the association of the electronic signature with the

consent is reliable for the purpose for which consent is

given.

(6) For the purposes of this section, a consent that is given orally

is valid if

(

a) the head of the public body has established rules

respecting the purposes for which consent that is given

orally is acceptable,

(

b) the purpose for which the consent is given falls within

one or more of the purposes set out in the rules

mentioned in clause (a),

(

c) the public body has explicitly communicated that it will

accept consent that is given orally,

(

d) the record of the consent

(

i) is accessible by the public body so as to be usable

for subsequent reference, and

(ii) is capable of being retained by the public body,

(

e) the public body has authenticated the identity of the

individual giving consent, and

(

f) the method of authentication is reliable for the purpose

of verifying the identity of the individual and for

associating the consent with the individual.

(7) For the purposes of subsection (6)(d), a record of the consent

must be

(

a) an audio recording of the consent created by or on

behalf of the public body,

(

b) in the form of documentation of the consent created by

an independent third party, or

(

c) in the form of documentation of the consent created by

the public body in accordance with the rules established

by the head of the public body.

(8) Nothing in this

section requires a person to give consent in an

electronic form or orally.

Section 11(2) is amended by striking out "copying in

accordance with item 6" and substituting "producing a copy of a

record in accordance with items 3 to 6".

Section 12 is amended

(

a) by repealing subsection (1) and substituting the

following:

Estimate of fees

12(1) An estimate provided under

section 93(3) of the Act

must set out, as applicable,

(

a) the time and cost to search for, locate and retrieve

a record;

(

b) the cost of computer processing and related

charges to produce the record from an electronic

record;

(

c) the time and cost for computer programming to

produce the record from an electronic record;

(

d) the cost to produce a copy of the record;

(

e) the time and cost for preparing and handling the

record for disclosure;

(

f) the time and cost to supervise an applicant who

wishes to examine the original record;

(

g) the cost of shipping the record or a copy of the

record.

(

b) in subsection (2) by striking out "only include the cost

of copying the record" and substituting "include only the

cost of producing a copy of the record in accordance with

section 11(2)".

Section 15 is amended

(

a) in subsection (1)

(

i) in clause (

g) by striking out "12(3)" and

substituting "15(1)";

(ii) by repealing clause (h);

(

b) by repealing subsection (3.4).

Section 17 is amended

(

a) in subsection (1) by repealing clauses (c), (

h) and

(i);

(

b) by repealing subsection (3).

Schedule 1 is repealed and the following is substituted:

Schedule 1

All boards, committees and councils established under

section 7

of the Government Organization Act whether or not they are

included in the list of agencies, boards, commissions,

corporations, offices or other bodies designated below as public

bodies.

Any subsidiary of a public body designated below.

Aboriginal Affairs and

Northern Development

Metis Settlements Appeal Tribunal

Northern Alberta Development Council

Advanced Education

Alberta Apprenticeship and Industry Training Board

Alberta Council on Admissions and Transfer

Appeal Boards appointed under

Part 4 of the Apprenticeship

and Industry Training Act

Campus Alberta Quality Council

Committees established under

section 4 of the Alberta

Heritage Scholarship Act

Student Financial Assistance Appeal Committees

Students Finance Board

Agriculture, Food and Rural Development

Agriculture Financial Services Corporation

Alberta Agricultural Products Marketing Council

Alberta Environmentally Sustainable Agriculture Council

Alberta Grain Commission

Board of Trustees of the Wheat Board Money Trust

Farm Implement Board

Farmers' Advocate

Hall of Fame Selection Committee

Irrigation Council

Marketing of Agricultural Products Act Appeal Tribunal

Meat Advisory Committee

Production Animal Medicine Advisory Committee

Children's Services

Appeal Committees appointed under the Family Support for

Children with Disabilities Act

Appeal Panels appointed under the Child, Youth and Family

Enhancement Act

Appeal Panels appointed under the Social Care Facilities

Licensing Act

Child and Family Services Authorities established under the

Child and Family Services Authorities Act

Calgary and Area CFSA

Central Alberta CFSA

East Central Alberta CFSA

Edmonton and Area CFSA

Metis Settlements CFSA

North Central Alberta CFSA

Northeast Alberta CFSA

Northwest Alberta CFSA

Southeast Alberta CFSA

Southwest Alberta CFSA

Child and Youth Advocate

Premier's Council on Alberta's Promise

Social Care Facilities Review Committee

Community Development

Alberta Foundation for the Arts

Alberta Historical Resources Foundation

Alberta Human Rights and Citizenship Commission

Alberta Palaeontological Advisory Committee

Alberta Sport, Recreation, Parks and Wildlife Foundation

Crowsnest Pass Historical Corridor Advisory Committee

Fort George - Buckingham House Advisory Board

Francophone Secretariat

Government House Foundation

Head-Smashed-In Buffalo Jump Interpretive Centre Advisory

Committee

Human Rights, Citizenship and Multiculturalism Education

Fund Advisory Committee

Oil Sands Discovery Centre Advisory Committee

Provincial Archives of Alberta Advisory Board

Remington - Alberta Carriage Centre Advisory Committee

Reynolds - Alberta Museum Advisory Board

Ukrainian Cultural Heritage Village Advisory Board

Victoria Settlement Advisory Committee

Wild Rose Foundation

Economic Development

Aboriginal Tourism Advisory Council

Alberta Economic Development Authority

Film Commission Advisory Council

Strategic Tourism Marketing Council

Education

Alberta Teachers' Retirement Fund Board

Attendance Board

Board of Reference

Certification Appeal Committee

Complainant Review Committee

Council on Alberta Teaching Standards

Practice Review Appeal Committee

Practice Review Panel

Small and Rural School Programming Advisory Committee

Special Needs Tribunal

Energy

Alberta Energy and Utilities Board

Alberta Petroleum Marketing Commission

Electric Utilities Act Advisory Committee

Freehold Mineral Rights Tax Appeal Board

Environment

Drainage Council

Environmental Appeals Board

Environmental Protection Advisory Committee

Natural Resources Conservation Board (common

responsibility with Sustainable Resource Development)

Executive Council

Alberta Order of Excellence Council

Public Affairs Bureau

Finance

Alberta Capital Finance Authority

Alberta Government Telephones Commission

Alberta Insurance Council

Alberta Pensions Administration Corporation

Alberta Securities Commission

Alberta Securities Commission Policy Advisory Committee

Alberta Treasury Branches

Appeal Panels formed under the Insurance Councils

Regulation (AR 126/2001)

ATB Investment Services Inc.

Audit Committee

Automobile Insurance Rate Board

Credit Union Deposit Guarantee Corporation

Endowment Fund Policy Committee

Gainers Inc.

General Insurance Council

Insurance Adjusters' Council

Investment Operations Committee

Life Insurance Council

Local Authorities Pension Plan Board of Trustees

Management Employees Pension Board

N.A. Properties

(1994) Ltd. (amalgamates 354713 Alberta

Ltd., 391760 Alberta Ltd. and S.C. Properties Ltd.) and

subsidiaries

Provincial Judges and Masters in Chambers Pension Plan

Advisory Committee

Public Service Pension Board

Special Forces Pension Board

Supplementary Retirement Plan for Public Service

Managers Advisory Committee

Gaming

Alberta Gaming and Liquor Commission

Alberta Gaming Research Council

Alberta Gaming Research Institute

Appeal Tribunal appointed under

section 23 of the

Horse Racing Alberta Act

Government Services

Alberta Funeral Services Regulatory Board

Alberta Motor Vehicle Industry Council

Appeal Boards appointed under the Cemeteries Act

Appeal Boards appointed under the Fair Trading Act

Appeal Boards appointed under the Funeral Services Act

Debtors' Assistance Board

Personal Information Protection Act Advisory Committee

Health and Wellness

Acupuncture Board of Examiners

Acupuncture Committee

Alberta Advisory Committee on AIDS

Alberta Alcohol and Drug Abuse Commission

Alberta College of Combined Laboratory and X-ray

Technicians

Alberta Expert Review Panel for Blood Borne Infections

in Health Care Workers

Alberta Health Facilities Review Committee

Alberta Management Committee on Drug Utilization

Ambulance Advisory and Appeal Board

Ambulance Governance Advisory Committee

Ambulance Medical Review Committee

Board of Examiners in Podiatry

Dental Disciplines Advisory Committee

Expert Committee on Drug Evaluation and Therapeutics

Eye Care Disciplines Advisory Committee

Health Disciplines Board

Health Professions Advisory Board

Health Quality Council of Alberta

Hospital Privileges Appeal Board

Mental Health Patient Advocate

Midwifery Health Disciplines Committee

MS Drug Review Panel

Out-of-Country Health Services Appeal Panel

Out-of-Country Health Services Committee

Physician Resource Planning Committee

Policy Advisory Committee on Blood Services

Premier's Advisory Council on Health

Public Health Appeal Board

Review Panels appointed under the Mental Health Act

Rural Physician Action Plan Coordinating Committee

Human Resources and Employment

Appeal Board appointed under the Land Agents Licensing

Act

Appeal Committee appointed under the Recovery,

Administrative Penalties and Appeals Regulation

(AR 381/2003)

Appeal Panels appointed under the Income and Employment

Supports Act

Appeal Panels appointed under the Widows' Pension Act

Appeals Commission for Alberta Workers' Compensation

Board of Examiners for Mines

Classification Appeal Board

Health Benefits Review Committee under the Recovery,

Administrative Penalties and Appeals Regulation

(AR 381/2003)

Joint First Aid Training Standards Board

Labour Relations Board

Occupational Health and Safety Council

Personnel Administration Office

Government of Alberta Dental Plan Trust

Government Employees Group Extended Medical

Benefits Plan Trust

Public Emergency Tribunal under the Burial of the Dead

Act

Radiation Health Advisory Committee

Review Committee under the Recovery, Administrative

Penalties and Appeals Regulation (AR 381/2003)

Umpires under the Employment Standards Code

Workers' Compensation Board

Infrastructure and Transportation

Alberta Transportation Safety Board

Innovation and Science

Alberta Agricultural Research Institute

Alberta Energy Research Institute

Alberta Forestry Research Institute

Alberta Heritage Foundation for Medical Research

Alberta Heritage Foundation for Science and Engineering

Research

Alberta Information and Communications Technology

Institute

Alberta Life Sciences Research Institute

Alberta Science and Research Authority

Alberta Research Council Inc.

iCORE Inc.

Alberta Science and Research Authority International

Expert Review Panel

Justice and Attorney General

Alberta Review Board

Appeal Panels appointed under the Civil Enforcement

Regulation (AR 276/95)

Fatality Review Board

Notaries Public Review Committee

Provincial Court Nominating Committee

Municipal Affairs

Municipal Government Board

Safety Codes Council

Special Areas Board

Restructuring and Government Efficiency

Fees and Charges Monitoring Committee

Information and Communications Technology (ICT)/

SuperNet Advisory Committee

Regulatory Review Secretariat

Seniors and Community Supports

Alberta Aids to Daily Living and Extended Health Benefits

Appeal Panels

Alberta Social Housing Corporation

Appeal Panels appointed under the Assured Income for the

Severely Handicapped Act

Appeal Panels appointed under the Dependent Adults Act

Appeal Panels appointed under the Seniors Benefit Act

Persons with Developmental Disabilities

Calgary Region Community Board

Central Region Community Board

Edmonton Region Community Board

Northeast Region Community Board

Northwest Region Community Board

Provincial Board

South Region Community Board

Premier's Council on the Status of Persons with Disabilities

Seniors Advisory Council for Alberta

Solicitor General and Public Security

Criminal Injuries Review Board

Law Enforcement Review Board

Victims of Crime Programs Committee

Youth Justice Committees sanctioned by the Solicitor

General and Minister of Public Security through

section

18 of the Youth Criminal Justice Act (Canada)

Sustainable Resource Development

Land Compensation Board

Natural Resources Conservation Board (common

responsibility with Environment)

Surface Rights Board

Schedule 2 is repealed and the following is substituted:

Schedule 2

Freedom of Information and Protection of

Privacy Act: Fees

Schedule

The amount of the fees set out in this

Schedule are the maximum

amounts that can be charged to applicants.

For searching for, locating and

retrieving a record

$6.75 per 1/4 hr.

For producing a record from an

electronic record

(

a) Computer processing and

related charges

Actual cost to

public body

(

b) Computer programming

Actual cost to

public body up to

$20.00 per 1/4 hr.

For producing a paper copy of a record:

(

a) photocopies and computer

printouts:

(

i) black and white up to

8 1/2" x 14"

$0.25 per page

(ii) other formats

$0.50 per page

(

b) from microfiche or microfilm

$0.50 per page

(

c) plans and blueprints

Actual cost to

public body

For producing a copy of a record by

duplication of the following media:

(

a) microfiche and microfilm

Actual cost to

public body

(

b) computer disks

$5.00 per disk

(

c) computer tapes

Actual cost to

public body

(

d) slides

$2.00 per slide

(

e) audio and video tapes

Actual cost to

public body

For producing a photographic copy

(colour or black and white) printed on

photographic paper from a negative,

slide or digital image

(a) 4" x 6"

$3.00

(b) 5" x 7"

$6.00

(c) 8" x 10"

$10.00

(d) 11" x 14"

$20.00

(e) 16" x 20"

$30.00

For producing a copy of a record by

any process or in any medium or format

not listed in sections 3 to 5 above

Actual cost to

public body

For preparing and handling a record for

disclosure

$6.75 per 1/4 hr.

For supervising the examination of a

record

$6.75 per 1/4 hr.

For shipping a record or a copy of a

record

Actual cost to

public body

9 Sections 11(2), 12(1) and

Schedule 2 of the Freedom of

Information and Protection of Privacy Regulation

(AR 200/95) as they read immediately before they were

amended or repealed and replaced by sections 3, 4 and 8,

respectively, of this Regulation continue in force as if not

amended or repealed in respect of requests made under

section 7 of the Act before April 1, 2006.

10 Sections 3, 4 and 8 come into force on April 1, 2006.

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

Alberta Regulation 28/2006

Fuel Tax Act

FUEL TAX AMENDMENT REGULATION

Filed: February 8, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 55/2006)

on February 8, 2006 pursuant to

section 51 of the Fuel Tax Act.

1 The Fuel Tax Regulation (AR 388/87) is amended by this

Regulation.

Section 12.2(3)(c)(iii) is amended by striking out "or" at

the end of paragraph (A), by adding "or" at the end of

paragraph (B), and by adding the following after paragraph

(B):

(

C) on the land legally described as Plan 0322267, Block 1, Lot

1, excepting thereout all mines and minerals, as long as that

land is owned by Heart Lake Natural Resource Development

Incorporated on behalf of the Heart Lake First Nation and if

the sale is made before March 1, 2007, or such later date as

the Minister determines.

3 This Regulation is deemed to have come into force on

September 1, 2005.

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

Alberta Regulation 29/2006

Tobacco Tax Act

TOBACCO TAX AMENDMENT REGULATION

Filed: February 8, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 57/2006)

on February 8, 2006 pursuant to

section 48 of the Tobacco Tax Act.

1 The Tobacco Tax Regulation (AR 273/83) is amended by

this Regulation.

Section 13(2.1)(c)(iii) is amended by striking out "or" at

the end of paragraph (A), by adding "or" at the end of

paragraph (

B) and by adding the following after paragraph

(B):

(

C) on the land legally described as Plan 0322267, Block 1, Lot

1, excepting thereout all mines and minerals, as long as that

land is owned by Heart Lake Natural Resource Development

Incorporated on behalf of the Heart Lake First Nation and if

the sale is made before March 1, 2007, or such later date as

the Minister determines;

Alberta Regulation 30/2006

Marketing of Agricultural Products Act

ALBERTA MILK PLAN MINIMUM PRICE FOR

SUB-CLASS 1A MILK ORDER

Filed: February 9, 2006

For information only: Made by the Alberta Energy and Utilities Board on February

2, 2006 pursuant to

section 5(4) of the Alberta Milk Plan Regulation (AR 150/2002).

Minimum price for sub-class 1a milk

1 The minimum price for sub-class 1a milk to be paid by processors

for a hectolitre of sub-class 1a milk is $72.05.

Repeal

2 The Alberta Milk Plan Minimum Price for Sub-Class 1a Milk

Order (AR 247/2005) is repealed.

Coming into force

3 This Order comes into force on March 1, 2006.

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

Alberta Regulation 31/2006

Public Health Act

FOOD REGULATION

Filed: February 10, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 53/2006)

on February 8, 2006 pursuant to

section 66 of the Public Health Act.

Table of Contents

Interpretation

Interpretation

2 Application

Part 1

Permits and Operation under Permit

3 Requirement for permit

4 Permits

5 Permit information

6 Notification by permit holder

7 Term and duration

8 Permit fee exemptions

10 Non-transferability

11 Suspension

12 Cancellation

13 Notification

14 Display

Part 2

Commercial Food Establishments

15 Food handling permit

16 Approval of plans and specifications

17 General construction requirements

18 Equipment, utensil and food surface requirements

19 Basic operating requirements

20 Storage of articles and materials

21 Pests and control measures

22 Requirement to obtain certain food from approved sources

23 Contamination and unfitness for human consumption

24 Processing

25 Storage, display and transportation

26 Transportation, storage or distribution units

27 Previously served food

28 Facilities, equipment and utensils - post-construction

29 Sanitation procedures

30 Food handlers - hygiene and health

31 Food safety training

32 Live animals

Part 3

Farmers' Markets

33 Farmers' market permit

34 General building requirements

35 Regular duties of permit holder

36 Stallholder requirements

Part 4

Special Events and Temporary Food Establishments

37 Notification of special event

38 Responsibility of organizer

39 Notification regarding temporary food establishment

40 Additional responsibilities of organizer

41 Temporary food establishment requirements

42 Food handling requirements

43 Food handler requirements

44 Additional temporary food establishment requirements

45 Education

Part 5

Community Organization Functions

Interpretation

47 Notification of community organization function

48 Duration of function

49 Food handling requirements

50 Education

Part 6

Bed and Breakfasts

51 Requirement for permit

52 Food handling requirements

Part 7

Transitional, Repeal, Expiry

and Coming into Force

53 Transitional

54 Repeal

55 Expiry

56 Coming into force

Interpretation

Interpretation

1(1) In this Regulation,

(a) "abattoir" means an abattoir within the meaning of the Meat

Inspection Regulation (AR 42/2003);

(b) "Act" means the Public Health Act;

(c) "approved food establishment" means a food establishment

in respect of which a food handling permit has been issued

by a regional health authority;

(d) "bake sale" means the sale of low risk foods by a community

organization exclusively for the purpose of raising funds for

the operation of the community organization or for another

charitable purpose, but does not include a bake sale operated

as part of a special event;

(e) "bed and breakfast" means a private dwelling occupied by

the owner or operator that offers overnight lodging and

breakfast, but no other meal, for a fee, to no more than 8

registered guests at one time;

(f) "commercial caterer" means a person who handles food for

the purpose of serving the food at varying locations for some

form of compensation;

(g) "commercial food establishment" means a food

establishment that is neither specifically exempt from the

operation of this Regulation nor dealt with in

Part 3, 4, 5 or

(h) "community organization" means a non-profit organization,

including but not limited to a community association, service

club, multicultural association, church, school, sports team or

recreational club;

(i) "community organization function" means an occasional

function open to the general public at which food is provided

for attendees by volunteer caterers, where the function is run

by a community organization exclusively for the purpose of

raising funds for the operation of the community organization

or for another social or charitable purpose, including but not

limited to community sports events, fall harvest suppers and

wild game dinners, but does not include a community

organization function operated as part of a special event;

(j) "container" means a receptacle or covering used to contain,

cover, package or wrap food;

(k) "contamination" means

(

i) foreign matter, including filth or a pest,

(ii) poisonous substances, disease-causing micro-organisms

or parasites, or toxins, or

(iii) any substance that might render food unsafe for human

consumption;

(l) "equipment" means any appliance, apparatus or device that is

or may be used in the operation or maintenance of a food

establishment, but does not include utensils;

(m) "executive officer" means an executive officer within the

meaning of

section 9 or 16 of the Act;

(n) "farmers' market" means a food establishment whose

proposed operation has been approved by the Minister

responsible for agriculture as an approved farmers' market

program under the administration of that Minister's

department;

(o) "farmers' market permit" means a permit issued or renewed

under

Part 1 for the operation of a farmers' market;

(p) "food" means any substance, including water and ice,

intended for use in whole or in part for human consumption,

but does not include a drug, medication or health related

product regulated under the Pharmaceutical Profession Act

or the Food and Drugs Act (Canada);

(q) "food bank" means a non-profit organization that

(

i) operates exclusively to provide food to persons in need,

(ii) provides food for consumption by such persons off the

organization's premises, and

(iii) does not process food;

(r) "food establishment" means a place where food is handled;

(s) "food handler" means an individual who handles food,

utensils or equipment;

(t) "food handling area" means the area in a food establishment

where food is handled and includes all equipment and

utensils in the area;

(u) "food handling permit" means a permit for the operation of a

commercial food establishment issued or renewed under Part

(v) "handle" means, in relation to food, the supply, sale, offering

for sale, processing, preparation, packaging, providing,

display, service, dispensing, storage or transportation of any

food that is intended for public consumption;

(w) "handwashing station" means a station that is equipped with

a hand basin and hot and cold running water and that, in its

immediate vicinity,

(

i) has a dispenser for the provision of soap or is otherwise

provided with soap in a container, and

(ii) has a method of hand drying that uses single service

products or a mechanical hand dryer;

(x) "high-risk food" means a food with a pH level or a water

activity level, or a combination of pH and water activity

levels, that will support the growth of pathogenic

micro-organisms or the production of their toxins;

(y) "low-risk food" means a food with a pH level or a water

activity level, or a combination of pH and water activity

levels, that generally will not support the growth of

pathogenic micro-organisms or the production of their toxins;

(z) "meat inspection legislation" means the Meat Inspection Act

or the Meat Inspection Act (Canada) and the regulations

under either of them, as the case may be;

(aa) "mobile food establishment" means a food establishment

where the handling of food is primarily conducted from a

vehicle as defined in the Traffic Safety Act;

(bb) "mobile work camp kitchen" means a mobile food

establishment used for the handling of food at a work camp;

(cc) "nuisance" means a condition that is or might become

injurious or dangerous to the public health, or that might

hinder in any manner the prevention or suppression of

disease;

(dd) "operator" means the person who manages or directs the

handling of food in a food establishment, and includes an

owner as defined in the Act;

(ee) "permit" means a food handling permit or a farmers' market

permit issued or renewed under

Part 1;

(ff) "pest" means

(

i) rodents, cockroaches, flies or other insects or other

vermin, and

(ii) any other animals that are potentially destructive to the

sanitary operation or maintenance of a food

establishment;

(gg) "place" includes any premises or vehicle;

(hh) "potluck" means a gathering of individuals where some or all

of the attendees bring food to be shared with the other

attendees at no cost to the attendees and includes, without

limitation, company or church picnics and neighbourhood

block parties;

(ii) "pre-packaged food" means food that was already packaged

when the person who is selling the food obtained it;

(jj) "processing" means transforming food and includes, without

limitation, the thawing, heating, cutting, cooking, smoking,

chilling, reheating, salting, canning, freezing and pasteurizing

of food;

(kk) "Province" means the Province of Alberta;

(ll) "regional health authority" means a regional health authority

established under the Regional Health Authorities Act;

(mm) "restricted function" means a function that is

(

i) run by a community organization or an individual

exclusively for the benefit of the members of the

organization or the individual's family, and

(ii) not open to the general public,

where attendance is by personal invitation and food is

provided for attendees by volunteer caterers, including,

without limitation, meetings, retreats and family reunions;

(nn) "sanitary" means free from contamination;

(oo) "sanitize" means to treat in such a way as to reduce the

micro-organism population to a level that does not constitute

an unsanitary condition;

(pp) "serve" includes dispense, supply, feed, sell, distribute or

provide in any manner;

(qq) "service animal" means an animal that is specifically trained

or being trained for the purpose of providing assistance to

persons with disabilities;

(rr) "single service" means designed to be used only once and

then discarded;

(ss) "social care facility" means an operation that provides care to

children or adults who require special care and includes,

without limitation, a day care, a family day home, nursery

school and an adult group home;

(tt) "special event" means an event open to and where food is

made available to the general public that operates for not

more than 15 days within a calendar year in any one health

region and includes, without limitation, fairs, festivals,

exhibitions, promotional events and carnivals;

(uu) "stallholder" means a person who rents space at a farmers'

market;

(vv) "temporary food establishment" means a food establishment

that operates exclusively at special events;

(ww) "utensils" means kitchenware, tableware, cutlery and other

similar items used in the processing, serving or consuming of

food;

(xx) "volunteer caterer" means a food handler who provides food

for community organization functions and restricted

functions and who receives no or at most nominal

compensation for doing so;

(yy) "work camp" means a work camp within the meaning of the

Work Camps Regulation (AR 218/2002).

(2) For the purposes of this Regulation, all food in a food

establishment is deemed to be intended for public consumption unless

it is clearly segregated and is identified to the satisfaction of the

executive officer

(

a) as being held for return to an identified supplier or owner,

(

b) for disposal, or

(

c) for the personal use of the operator, food handlers or

employees working in the food establishment.

(3) For the purposes of this Regulation,

(

a) references to performing an activity are deemed to include

omitting to act, and

(

b) references to any place where an activity takes place are to be

taken to include references to any place in, on or from which

that activity takes place.

Application

2(1) In this Regulation,

(

a) Part 2 applies to commercial food establishments,

(

b) Part 3 applies to farmers' markets,

(

c) Part 4 applies to special events and temporary food

establishments,

(

d) Part 5 applies to community organization functions, and

(

e) Part 6 applies to bed and breakfasts.

(2) This Regulation does not apply to food handling for the purpose of

operating

(

a) a bake sale,

(

b) a restricted function,

(

c) a potluck,

(

d) a private dwelling where food is handled for consumption by

the residents of the dwelling and their guests,

(

e) a social care facility that provides care to no more than 10

people,

(

f) a vending machine that dispenses pre-packaged food or food

supplied by a commissary or depot that warehouses food for

vending machines and which is identified on a food handling

permit,

(

g) a dairy manufacturing plant licensed under the Dairy

Industry Act,

(

h) a facility subject to licensing or inspection under the

applicable meat inspection legislation, including an abattoir,

(

i) a business that exclusively sells liquor or liquor related

products, excluding ice that is not pre-packaged, under a

licence issued under the Gaming and Liquor Act,

(

j) a farm selling unprocessed horticultural products, when the

products come from a farmer's farm and the sale is

conducted by the farmer from the farm,

(

k) a place registered with the Canadian Food Inspection

Agency,

(

l) a business that provides customers with complimentary low

risk foods but is not otherwise engaged in food handling, or

(

m) any other operation or event that is specified by the Minister

in writing.

(3) Notwithstanding subsection (2) or any other exemption under this

Regulation, no food handling is exempt from the operation of this

Regulation if, in the opinion of the regional health authority, the

exemption would or is likely to create a nuisance.

(4) If a regional health authority has decided under subsection (3) that

food handling that would otherwise be exempt from the operation of

this Regulation would or is likely to create a nuisance, the regional

health authority, in addition to any other remedy provided under the

Act or regulations, may by order establish in what respect and to what

extent the provisions of this Regulation apply to the food handling.

(5) A decision of a regional health authority under subsection (3) or an

order made by the regional health authority under subsection (4) may

be appealed to the Public Health Appeal Board in accordance with

section 5 of the Act.

(6) The Food Retail and Foodservices Code prepared and published

by the Department and dated October 2003 is hereby adopted as

amended from time to time and forms part of this Regulation.

Part 1

Permits and Operation under Permit

Requirement for permit

3(1) No person shall operate a food establishment unless

(

a) the person is an operator who holds a valid and subsisting

permit for the operation of the food establishment, and

(

b) the food establishment is identified on the permit as approved

by the regional health authority that issued the permit.

(2) Subject to

section 2(2) and Parts 3 and 5, no person shall handle

food except in an approved food establishment.

(3) Notwithstanding subsection (1), a permit is not required for the

operation of

(

a) a community organization function,

(

b) a business that provides individually portioned samples of a

particular food at no charge for the purpose of promoting the

sale of that food,

(

c) a stall at a farmers' market, or

(

d) a temporary food establishment at a special event.

(4) An operator whose activities are exempt under subsection (3) from

the permit requirements of this Regulation must ensure that all food

handling complies with the relevant provisions of this Regulation.

Permits

4(1) An application for a permit must be made to the regional health

authority in whose health region the applicant proposes to handle food.

(2) An application for a permit must be in writing in the form required

by the regional health authority and must

(

a) identify the food establishment that the applicant proposes to

operate,

(

b) identify the operator, and

(

c) provide any other information required by the regional health

authority including, without limitation, information regarding

any vehicles that are an integral part of the food handling

operation.

(3) A regional health authority may at any time require an applicant to

provide it with further information respecting the application.

(4) A regional health authority must issue a permit to an applicant

after

(

a) receiving the properly completed application,

(

b) receiving the permit fee in the amount set by the Minister,

and

(

c) being satisfied that the proposed operator and food

establishment meet the applicable requirements of this

Regulation.

(5) A regional health authority must establish a system and rules for

renewals of permits and those rules must include the requirement to

pay to the regional health authority the renewal fee in the amount set

by the Minister, and any other direction given by the Minister.

(6) A permit that approves and authorizes the operation of a mobile

food establishment

(

a) is valid across the Province, and

(

b) may be issued by any regional health authority in whose

health region the mobile food establishment or

establishments operates.

(7) A permit may approve and authorize the operation of only one

food establishment.

(8) Where a person operates more than one mobile work camp kitchen

within the jurisdiction of a single regional health authority,

notwithstanding subsection (7), one permit from that authority covers

all of those mobile work camp kitchens in that jurisdiction to the extent

that a mobile work camp kitchen has not provided services to or

remained located at any one particular work camp in that jurisdiction

for a continuous period of 12 months that expires at any time within

the term of the permit.

Permit information

5(1) A regional health authority must ensure that each permit granted

by it

(

a) states the name of the operator,

(

b) identifies the location of the food establishment approved

under the permit,

(

c) states the term for which the permit has been granted, and

(

d) is signed by an executive officer.

(2) In addition to the requirements of subsection (1), where a permit

applies to a mobile food establishment, the permit must identify the

vehicle that is used.

Notification by permit holder

6 A permit holder must notify the regional health authority that

issued the permit in writing regarding

(

a) any change in the information provided in the application for

the permit, or

(

b) any change in the operation of or major renovations or

alterations to the food establishment in respect of which the

permit was issued.

Term and duration

7(1) The term of a permit must not exceed a period of one year.

(2) A permit is valid until the end of its term unless the permit is

suspended under

section 11 or cancelled under

section 12.

(3) Notwithstanding subsections (1) and (2), on the death of an

operator who held a valid and subsisting permit under this Regulation,

the deceased's legal personal representative may continue to operate

the food establishment in respect of which the permit was issued for a

period of 12 months following the date of death if

(

a) the regional health authority is notified of the death,

(

b) the permit renewal fee is paid prior to the expiry date of the

original permit, and

(

c) the food establishment is operated in accordance with this

Regulation and any conditions to which the permit is subject.

Permit fee exemptions

8(1) An operator is exempt from paying the permit issue or renewal

fee if the operator

(

a) operates an organization that is registered as a charitable

organization under the Income Tax Act (Canada),

(

b) sells only pre-packaged low-risk foods,

(

c) operates a social care facility that provides care to more than

10 people,

(

d) operates a bed and breakfast, or

(

e) is specified in writing by the Minister as exempt.

(2) The regional health authority may exempt an operator from

payment of the permit issue or renewal fee if it considers the

exemption appropriate.

9(1) A regional health authority may make the issue or renewal of a

permit subject to

(

a) restrictions on the type of food that, or the manner in which

any type of food, may be served, manufactured, processed or

stored, and

considers to be appropriate.

(3) The regional health authority may recall a permit and add to,

permit are not contravened.

(5) A person who carries on any activity under the purported authority

(6) A regional health authority that issues a permit to a commercial

caterer must include as a condition on the permit the requirement that

all food handling must occur in an approved food establishment except

for the serving of the food.

Non-transferability

10 Subject to

section 7(3), a permit is not transferable.

Suspension

11 A regional health authority may suspend a permit where it

considers that

(

a) there is an unsanitary condition in the food establishment, or

(

b) there has been a contravention of the Act, an order under

section 62 of the Act, the regulations under the Act or a term

or condition of a permit, whether or not the permit holder has

been prosecuted in respect of the contravention.

Cancellation

12(1) A regional health authority may cancel a permit where

(

a) the permit is under suspension and the conditions that led to

the suspension are not rectified within a reasonable time after

the suspension,

(

b) the approved food establishment is no longer operated at the

premises where the permit indicates the food establishment is

to be operated,

(

c) the operator that is identified on the permit ceases to be the

operator of the approved food establishment,

(

d) there has been a contravention of the Act, an order under

section 62 of the Act, the regulations under the Act or a term

or condition of a permit, whether or not the permit holder has

been prosecuted in respect of the contravention, or

(

e) the operator applies to have the permit cancelled.

(2) A permit remains the property of the regional health authority that

issued or renewed it.

(3) If a permit is suspended or cancelled, the operator must return the

permit to the regional health authority that suspended or cancelled it.

(4) A permit issued to a mobile food establishment may be suspended

or cancelled by any regional health authority in whose region the

mobile food establishment operates.

(5) If a permit that has been issued to a mobile food establishment is

suspended or cancelled by a regional health authority other than the

authority that issued or renewed it, the authority that suspended or

cancelled the permit must notify the authority that issued or renewed it

in writing of the suspension or cancellation.

Notification

13(1) Where an application for a permit or a renewal is refused, the

regional health authority must

(

a) notify the applicant in writing of that fact, and

(

b) return the permit issue or renewal fee, as the case may be, to

the person who paid it.

(2) Where a permit is suspended or is cancelled, the authority must

notify the operator of that fact, stating the reasons for the suspension or

cancellation.

(3) A notice of suspension or cancellation of a permit must be in

writing and is not valid unless signed by an executive officer.

Display

14(1) An operator must ensure that the permit is displayed in a

conspicuous place in the approved food establishment where it may be

easily seen by persons served.

(2) A commercial caterer must ensure that the permit is available for

inspection by an executive officer.

Part 2

Commercial Food Establishments

Food handling permit

15(1) The operator of a commercial food establishment must apply

for a food handling permit in accordance with

Part 1 of this

Regulation.

(2) An operator must ensure that the operation and maintenance of the

commercial food establishment is conducted in accordance with this

Part.

Approval of plans and specifications

16 A person must not construct or make alterations to a commercial

food establishment unless plans and specifications for the construction

or alterations, as the case may be, have been approved by the executive

officer.

General construction requirements

17(1) An operator must ensure that, before operation of the

commercial food establishment commences, the commercial food

establishment

(

a) is of sound construction and in a good state of repair,

(

b) is designed so as to facilitate the effective cleaning and

sanitizing of it and of all equipment, utensils and surfaces

with which food comes into contact in it,

(

c) is designed so as to ensure the safe and sanitary handling of

food in it,

(

d) has all its food handling areas separated from living quarters

and from other areas where activities are carried out that are

incompatible with the safe and sanitary handling of food,

(

e) has handwashing stations that are adequate in number and

situated so as to ensure convenient access by all food

handlers, and

(

f) is

(

i) supplied with hot and cold running water that is safe for

human consumption and available in quantities

sufficient to meet the needs of the commercial food

establishment,

(ii) connected to a lawful and properly operating sewage

disposal system,

(iii) equipped with lighting that is adequate in intensity to

enable the sanitary operation and maintenance of the

food handling areas, and

(iv) equipped with a properly operating means of providing

ventilation to food handling areas that are subject to the

generation or accumulation of odours, fumes, steam,

vapours, smoke or excessive heat.

(2) The operator must ensure that the commercial food establishment

is constructed to control the entry of pests.

(3) Nothing in this

Part is to be construed as setting aside or limiting

any requirements of the Alberta Building Code or the Occupational

Health and Safety Act and the regulations under that Act.

(4) The executive officer may approve alternative arrangements for

the requirements of subsection (1)(

f) if in the opinion of the executive

officer the alternative arrangements will not impair the safe and

sanitary operation and maintenance of the commercial food

establishment.

Equipment, utensil and food surface requirements

18 An operator must ensure that

(

a) all equipment and utensils used in the commercial food

establishment and all surfaces in it with which food comes

into contact are entirely constructed or manufactured from

materials that are suitable for their intended purpose, durable,

easily cleanable and free from any undesirable substance, and

(

b) all refrigeration and hot holding equipment used in the

commercial food establishment is

(

i) of a type and capacity that are adequate to meet the

needs of the commercial food establishment,

(ii) capable of maintaining the respective temperatures

required by

section 25, and

(iii) equipped with an accurate thermometer.

Basic operating requirements

19 A person must not operate a commercial food establishment

unless

(

a) all the requisite plans and specifications referred to in

section

16 for the commercial food establishment have been

approved by the executive officer, and

(

b) it is constructed and maintained in accordance with that

approval.

Storage of articles and materials

20(1) All articles and materials in a commercial food establishment

that are not associated with or required for the operation or

maintenance of the food areas must be stored separately from the food

and the food areas and in a manner that contaminates neither.

(2) All chemicals, cleansers and other similar agents associated with

or required for the operation or maintenance of the food areas must be

stored

(

a) in containers that are not intended to be used to store food

and that are clearly labelled to identify their contents, and

(

b) in such a manner as to prevent the contamination of any food

or food area.

Pests and control measures

21(1) The commercial food establishment and any surrounding area,

premises or facilities supporting the commercial food establishment

must be kept free of pests and of conditions that lead to the harbouring

or breeding of pests.

(2) A written record of all pest control measures used in the

commercial food establishment and surrounding area, premises and

facilities referred to in subsection (1) must be maintained.

Requirement to obtain certain food from approved sources

22(1) Subject to this section, a commercial food establishment must

obtain all food that is liable under law to inspection by the Government

of Canada or Alberta or by an agency of either from a source that is

subject to inspection by that entity.

(2) Subsection (1) does not apply to a food establishment that lawfully

provides cutting and wrapping services for uninspected meat, but such

meat must be clearly labelled, adequately separated from all other food

and identified as not for public consumption to the satisfaction of the

executive officer.

(3) The regional health authority may, where it is satisfied that public

health will be adequately protected, authorize the use of uninspected

wild game, being wildlife within the meaning of the Wildlife Act, for

the holding of wild game dinners or food bank or soup kitchen

donations.

Contamination and unfitness for human consumption

23(1) All food used or to be used in a commercial food establishment

must be

(

a) protected from contamination, and

(

b) handled in a sanitary manner.

(2) Subject to any procedure involved in disposing of it that is

otherwise in accordance with the law, food that has become

contaminated or otherwise unfit for human consumption must not be

served, offered for sale, processed, packaged, displayed or stored for

human consumption.

Processing

24 All food handling in a commercial food establishment must be

done in a manner that makes the food safe to eat.

Storage, display and transportation

25(1) All high-risk food must be stored, displayed and transported at

a temperature of

(

a) not more than 4?C or such higher temperature, or

(

b) not less than 60?C or such lower temperature

as an executive officer stipulates under subsection (4).

(2) All food that needs to be kept frozen in order to maintain its fitness

for human consumption must be and remain frozen while being stored,

displayed, packaged or transported.

(3) Subsection (1) does not apply to whole raw shell eggs, which must

be stored, displayed, packaged or transported at a temperature not

exceeding 7?C or such other temperature as an executive officer

stipulates under subsection (4).

(4) An executive officer may authorize alternative temperatures for

the purposes of subsections (1) and (3), with associated conditions, if

applicable, if that officer is satisfied that those temperatures, along

with those conditions, pose no risk that the food will become unfit for

human consumption.

Transportation, storage or distribution units

26 A commercial food establishment that is a food transportation,

storage or distribution unit must be operated in a manner that does not

create a nuisance.

Previously served food

27 Food that has previously been served must not be re-served unless

(

a) it is a low-risk food,

(

b) it has remained free of contamination, and

(

c) either

(

i) it is, and on each previous occasion was, served in a

container designed to prevent contamination, or

(ii) it is individually packaged, and has remained unopened

and untampered with in its original container.

Facilities, equipment and utensils - post-construction

28(1) A commercial food establishment must have all the facilities,

equipment and utensils that are necessary to ensure its safe operation

and maintenance.

(2) A commercial food establishment, all equipment and utensils in it

and all surfaces in it with which food comes into contact must be

maintained in a sanitary condition and, without limiting the foregoing,

must be washed and sanitized in a manner that removes contamination.

(3) All equipment and utensils in a commercial food establishment

must be

(

a) kept in good working order and condition, and

(

b) maintained in a manner that ensures the safe and sanitary

handling of food.

(4) Single service utensils must not be used more than once.

Sanitation procedures

29(1) A commercial food establishment must have written procedures

designed to ensure its safe and sanitary operation and maintenance.

(2) The procedures must include

(

a) the cleaning and sanitizing requirements for the commercial

food establishment and for all equipment and utensils in it, if

any, that are not normally washed in a dishwasher, and

(

b) a list of all cleaning and sanitizing agents used in the

commercial food establishment, including their

concentrations and uses.

Food handlers - hygiene and health

30(1) A food handler must

(

a) wear clean clothing and footwear,

(

b) exhibit cleanliness and good personal hygiene,

(

c) ensure that food is not contaminated by hair,

(

d) wash hands as often as necessary to prevent the

contamination of food or food areas,

(

e) refrain from smoking in a food area, and

(

f) refrain from any other conduct that could result in the

contamination of food or a food area.

(2) A person must not work as a food handler if prohibited from

working by or under the Communicable Diseases Regulation

(AR 238/85).

(3) The operator must ensure that subsections (1) and (2) are complied

with.

(4) The handwashing stations referred to in

section 17(1)(

e) must be

maintained and kept supplied.

Food safety training

31(1) A person operating a commercial food establishment must, at

any time when there are 5 or fewer food handlers working on the

premises, ensure that at least one individual who has care and control

of the commercial food establishment holds a certificate issued by the

Minister confirming that individual's successful completion of a food

sanitation and hygiene training program or a document that the

Minister considers equivalent to such a certificate.

(2) A person operating a commercial food establishment must, at any

time when there are 6 or more food handlers working on the premises,

ensure that at least one member of the management or supervisory staff

of the commercial food establishment holds a certificate or equivalent

document referred to in subsection (1) and that that individual is

present at the commercial food establishment at the time.

(3) This

section does not apply to a commercial food establishment

where

(

a) only unpackaged food that is low-risk is made available to

the public, or

(

b) all the food received by the commercial food establishment

for public consumption is received in pre-packaged form and

is made available to the public only in the same form in

which it was received.

Live animals

32 A live animal must not be permitted in a food area, except

(

a) a service animal to the extent that the law gives service

animal handlers rights with respect to that food area,

(

b) an animal that is in an abattoir in accordance with the meat

inspection legislation, or

(

c) another animal that the executive officer determines will pose

no risk of the occurrence of a nuisance in the commercial

food establishment and whose presence that officer

specifically authorizes.

Part 3

Farmers' Markets

Farmers' market permit

33 The operator of a farmers' market must apply for a farmers'

market permit in accordance with

Part 1 of this Regulation.

General building requirements

34 Except where the Alberta Building Code provides otherwise, a

farmers' market permit holder must ensure

(

a) that the farmers' market is supplied with hot and cold

running water that is safe for human consumption and

available in quantities sufficient to meet the needs of the

farmers' market, and

(

b) that toilet and handwashing facilities of a design and in a

number sufficient to meet the needs of the farmers' market

are provided

(

i) at the location of the farmers' market, or

(ii) at a nearby location through agreement with another

person.

Regular duties of permit holder

35(1) A farmers' market permit holder must ensure that

(

a) stallholders' spaces are clean and sanitary,

(

b) counters and display areas in stallholders' spaces are finished

in or covered with a material that is easily cleaned,

(

c) stallholders' spaces are cleaned at the end of each business

day,

(

d) there are sufficient refuse containers to service the customers

visiting the farmers' market, and

(

e) there is sufficient removal of refuse at the end of each

business day.

(2) A farmers' market permit holder must ensure that adequate

clean-up equipment is provided for the use of stallholders.

Stallholder requirements

36(1) A stallholder must not sell, offer for sale, distribute, provide or

otherwise make available to the public

(

a) uninspected meat,

(

b) home-canned food other than jam, jelly and pickles,

(

c) any food unless it is stored, displayed and transported in

accordance with

section 25,

(

d) home-prepared food unless it is protected in a manner

adequate to prevent customer handling and contamination,

(

e) unpasteurized milk, or

(

f) foods containing one or more of the foods prohibited in

clauses (

a) to (

e) as ingredients.

(2) A stallholder must not sell, offer for sale, distribute, provide or

otherwise make available to the public whole raw shell poultry eggs

unless they are stored at a temperature not exceeding 7?C.

(3) A stallholder must ensure that food handlers

(

a) wear clean clothing and footwear,

(

b) exhibit cleanliness and good personal hygiene,

(

c) ensure that food is not contaminated by hair,

(

d) wash hands as often as necessary to prevent the

contamination of food or food areas,

(

e) refrain from smoking in a food area,

(

f) refrain from any other conduct that could result in the

contamination of food or a food area, and

(

g) do not handle food if prohibited from working by or under

the Communicable Diseases Regulation (AR 238/85).

(4) The farmers' market permit holder must ensure that stallholders

comply with this section.

Part 4

Special Events and Temporary Food

Establishments

Notification of special event

37 The organizer of a special event must notify the regional health

authority of the special event in the form and manner required by the

regional health authority.

Responsibility of organizer

38 The organizer of a special event must advise the operator of each

proposed temporary food establishment of the need to notify the

regional health authority regarding the operation of the temporary food

establishment at the special event.

Notification regarding temporary food establishment

39 An operator who proposes to operate a temporary food

establishment at a special event must notify the regional health

authority of the proposed operation of the temporary food

establishment in the form and manner required by the regional health

authority.

Additional responsibilities of organizer

40 In addition to sections 37 and 38, the organizer of a special event

must ensure that

(

a) the event is held in a dry and well maintained area, and

(

b) where potable water lines are established, they are protected

against breakage and the main line is equipped with backflow

preventers.

Temporary food establishment requirements

41(1) The operator of a temporary food establishment at a special

event must ensure that the food establishment

(

a) is set up no less than one hour before the special event is

scheduled to start,

(

b) has food preparation surfaces that are constructed of smooth,

non-absorbent and easily cleanable materials,

(

c) contains all equipment, other than barbecues, within the food

establishment,

(

d) if barbecues are used in the preparation of food, has a

segregated area for the barbecues that is adjacent to the

temporary food establishment and situated so as to prevent

public access to and contamination of the food,

(

e) is configured so that areas where food is handled are

separated from areas used by the general public,

(

f) has a station for the purpose of handwashing that is supplied

with

(

i) running water, which includes, at a minimum, a portable

jug with a turnable spout situated over a waste water

collection bucket, and

(ii) paper towels and liquid soap,

or, subject to the approval of the executive officer, may be

supplied with an alternative form of hand sanitizer,

(

g) has a waste water collection system that allows the disposal

of waste water in a sanitary manner and prevents waste water

from being dumped on the surface of the ground,

(

h) has equipment of adequate size and capability for cold

storage of food and holding of hot food, and

(

i) has solid waste containers, lined with plastic bags, of

sufficient size to collect solid waste, that are emptied at least

at the end of each day of the special event.

(2) Where portable or mobile self-contained water supplies are used,

the operator must ensure that

(

a) potable water tanks are

(

i) used for storing potable water only,

(ii) of a sufficient size to provide an adequate supply of

water for handwashing, cleaning of equipment and

similar operations unless exempted by the executive

officer, and

(iii) designed to facilitate cleaning and sanitizing as well as

sanitary filling and emptying,

(

b) temporary water lines are constructed of CSA approved hose,

and

(

c) waste water holding tanks are sized to accommodate at least

110% of the volume of the potable water supply.

(3) If the special event is scheduled to run for more than one day, the

operator of a temporary food establishment must ensure that the food

establishment

(

a) has a floor constructed of asphalt, concrete, finished plywood

or a similar non-absorbent material, and

(

b) has walls and a ceiling constructed of finished plywood,

canvas, vinyl or a similar non-absorbent material.

Food handling requirements

42 The operator of a temporary food establishment must ensure that

(

a) food is protected at all times to the satisfaction of an

executive officer from dust, rain, pests and other potential

contaminants,

(

b) probe thermometers and cold storage thermometers are used

to verify that adequate storage and preparation temperatures

are maintained,

(

c) only single service utensils are provided to patrons, unless an

alternative is approved by the executive officer,

(

d) reusable utensils used in food preparation and serving are

washed, rinsed and sanitized in a manner and under

conditions acceptable to the executive officer,

(

e) a sanitizer approved by the executive officer is available on

site at all times for sanitizing surfaces and utensils and that a

method is available to verify the sanitizer's concentration,

(

f) self-serve condiments are dispensed from a squeeze or pump

container or a container with a self-closing lid,

(

g) food is stored, displayed and transported in accordance with

section 25,

(

h) all food and all utensils used to handle the food are stored off

the ground,

(

i) food is displayed in a manner that protects it from

contamination, and

(

j) all surfaces that come in contact with food are washed and

sanitized at a minimum every day and in between the

handling of raw and cooked food products on the same

surface.

Food handler requirements

43(1) A food handler must

(

a) wear clean clothing and footwear,

(

b) exhibit cleanliness and good personal hygiene,

(

c) ensure that food is not contaminated by hair,

(

d) wash hands as often as necessary to prevent the

contamination of food or food areas,

(

e) refrain from smoking in a food area, and

(

f) refrain from any other conduct that could result in the

contamination of food or a food area.

(2) A person must not work as a food handler if prohibited from

working by or under the Communicable Diseases Regulation

(AR 238/85).

(3) The operator must ensure that subsections (1) and (2) are complied

with.

Additional temporary food establishment requirements

44 In addition to the requirements of sections 41 and 42, the operator

of a food establishment at a special event scheduled to run for more

than 3 days must ensure that the food establishment

(

a) has, at a minimum, plumbed in water and a sink that is large

enough to wash, rinse and sanitize all reusable utensils,

(

b) has hot running water supplied to the sink in a manner

acceptable to the executive officer, and

(

c) has temporary water lines, if required, that are maintained in

a clean and sanitary condition and are flushed for 2 minutes

at the start of each day.

Education

45 When notified of a special event, the regional health authority

must make reasonably available to the organizer of the special event

and to the operators of temporary food establishments information

regarding appropriate food sanitation and hygiene.

Part 5

Community Organization Functions

Interpretation

46 In this Part, "regional health authority" refers to the regional

health authority in whose region the community organization function

is being held.

Notification of community organization function

47 The organizer of a community organization function must notify

the regional health authority of the function in the form and manner

required by the regional health authority.

Duration of function

48 A community organization function may run for more than 2 days

with the written permission of the regional health authority and subject

Food handling requirements

49(1) The organizer of a community organization function and

volunteer caterers providing food for the function must ensure that

(

a) the food is handled at all times in a manner that protects the

public health,

(

b) any foods that have not been prepared in an approved food

establishment are prepared and donated by members of the

community organization hosting the function,

(

c) those attending the community organization function are

advised that foods that have not been prepared in an

approved food establishment are being served,

(

d) foods that are

(

i) unpasteurized milk,

(ii) uninspected meats, subject to

section 22(3), or

(iii) unfit foods,

are neither used in the preparation of food nor served

themselves,

(

e) left-over food is either discarded or taken home by members

of the organization hosting the community organization

function,

(

f) food handlers

(

i) wear clean clothing and footwear,

(ii) exhibit cleanliness and good personal hygiene,

(iii) ensure that food is not contaminated by hair,

(iv) wash hands as often as necessary to prevent the

contamination of food or food areas,

(

v) refrain from smoking in a food area, and

(vi) refrain from any other conduct that could result in the

contamination of food or a food area, and

(

g) pets, if present, are kept out of the food preparation and other

food handling areas while food is being prepared or served.

(2) A person must not work as a food handler if prohibited from

working by or under the Communicable Diseases Regulation

(AR 238/85).

(3) The organizer must ensure that subsections (1) and (2) are

complied with.

Education

50 When notified of a community organization function, the regional

health authority must make reasonably available to the organizer of the

function information regarding appropriate food sanitation and

hygiene.

Part 6

Bed and Breakfasts

Requirement for permit

51 The operator of a bed and breakfast must apply for a food

establishment permit in accordance with

Part 1 of this Regulation.

Food handling requirements

52 The operator of a bed and breakfast must ensure that

(

a) an adequate supply of hot and cold potable water is available,

(

b) food preparation surfaces are smooth, impervious to moisture

and easily cleanable,

(

c) all food comes from an approved source,

(

d) no home-canned food other than jam, jelly and pickles is

provided,

(

e) all foods are protected from contamination,

(

f) food is stored, displayed and transported in accordance with

section 25,

(

g) a food grade thermometer is kept in the refrigerator and

monitored on a regular basis,

(

h) food that has previously been served must not be re-served

unless

(

i) it is a low-risk food,

(ii) it has remained free of contamination, and

(iii) either

(

A) it is, and on each previous occasion was, served in

a container designed to prevent contamination, or

(

B) it is individually packaged, and has remained

unopened and untampered within its original

container,

(

i) all reusable utensils are cleaned and sanitized by the use of

(

i) a manual method satisfactory to the executive officer or

a 3-compartment sink procedure, or

(ii) a dishwasher, if

(

A) the dishwasher effectively removes physical soil

from all surfaces and dishes,

(

B) the dishwasher sanitizes the dishes using

accumulative heat or by the addition of a chemical

sanitizer, and

(

C) the dishwasher is installed and operated according

to the manufacturer's instructions for the highest

level of sanitation possible,

(

j) all utensils are stored in a clean and sanitary condition,

(

k) pets, if present, are kept out of the food preparation and

dining areas while food is being prepared and served,

(

l) food handlers

(

i) wear clean clothing and footwear,

(ii) exhibit cleanliness and good personal hygiene,

(iii) ensure that food is not contaminated by hair,

(iv) wash hands as often as necessary to prevent the

contamination of food or food areas,

(

v) refrain from smoking in a food area, and

(vi) refrain from any other conduct that could result in the

contamination of food or a food area,

(

m) a person does not work as a food handler if prohibited from

working by or under the Communicable Diseases Regulation

(AR 238/85),

(

n) liquid soap and paper towels are provided at the kitchen sink,

and

(

o) the kitchen area of the bed and breakfast is restricted to food

handlers during food preparation and service.

Part 7

Transitional Provisions, Repeals,

Expiry and Coming into Force

Transitional

53 A food establishment permit issued under the repealed Food and

Food Establishments Regulation (AR 328/2003) that was valid and

subsisting immediately before the commencement of this Regulation is

deemed to have been issued under and to be a permit for the purposes

of this Regulation, and if such a permit was under suspension at that

time, the suspension continues afterwards for the remainder of its

duration as if the suspension had originally been effected under this

Regulation.

Repeal

54 The Food and Food Establishments Regulation (AR 328/2003) is

repealed.

Expiry

55 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, 2015.

Coming into force

56 This Regulation comes into force on April 1, 2006.

Alberta Regulation 32/2006

Wildlife Act

WILDLIFE (FURTHER CONTROL AREA) AMENDMENT REGULATION

Filed: February 10, 2006

For information only: Made by the Minister of Sustainable Resource Development

(M.O. 01/06) on February 6, 2006 pursuant to

section 103 of the Wildlife Act.

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

Regulation.

Part 3 of

Schedule 12 is amended by adding the

following after Item 2:

3 The following is a wildlife control area from February 15 to

July 15:

Sections 21, 22, 27 and 28, township 59, range 26, west of

the fifth meridian.