Alberta Regulation 138/2000

Electric Utilities Act

POWER PURCHASE ARRANGEMENT AUCTION

AMENDMENT REGULATION

Filed: July 10, 2000

Made by the Minister of Resource Development (M.O. 42/2000) on July 5, 2000

pursuant to

section 45.97 of the Electric Utilities Act.

1 The Power Purchase Arrangement Auction Regulation (AR 85/2000) is

amended by this Regulation.

Section 7(3) is amended by striking out "at the auction plus 393

megawatts" and substituting "at the auction plus 537.3 megawatts".

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Alberta Regulation 139/2000

Alberta Health Care Insurance Act

EXTENDED HEALTH SERVICES BENEFITS AMENDMENT REGULATION

Filed: July 10, 2000

Made by the Minister of Health and Wellness (M.O. 59/2000) on July 6, 2000

pursuant to

section 7 of the Alberta Health Care Insurance Act.

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

by this Regulation.

Section 2(1) is amended by striking out "Schedule of Dental and Dental

Mechanic Extended Health Benefits" and substituting "Schedule of Dental

Extended Health Benefits".

Alberta Regulation 140/2000

Professional and Occupational

Associations Registration Act

ALBERTA INSTITUTE OF PURCHASING MANAGEMENT

AMENDMENT REGULATION

Filed: July 12, 2000

Made by the Alberta Institute Purchasing Management Association of Canada

on June 15, 1998 and approved by the Lieutenant Governor in Council (O.C.

259/2000) on July 12, 2000 pursuant to

section 14 of the Professional and

Occupational Associations Registration Act.

1 The Alberta Institute of Purchasing Management Regulation (AR 131/89)

is amended by this Regulation.

Section 1 is amended

(

a) by renumbering clause (

a) as clause (a.1) and by adding the

following before clause (a.1):

(a) "accreditation program" means a program of studies

of the Purchasing Management Association of Canada;

(

b) by adding the following after clause (e):

(e.1) "continuing education credit" means a credit

assigned to an educational activity by the Practice Review Committee;

(

c) in clause (i)

(

i) by striking out "provide" and substituting "provide

or acquire, or both,";

(ii) by striking out "services to" and substituting

"services to or for".

Section 4(1) is amended by repealing clause (

c) and substituting the

following:

(

c) defer approval until the applicant has completed any further

type and term of studies or work experience required by the Registration

Committee.

Section 8 is amended

(

a) in subsection (1)

(

i) by striking out "and" at the end of clause (a);

(ii) by adding the following after clause (a):

(a.1) who has in each 3-year period completed

30 continuing education credits or has been granted an extension, partial

exemption or waiver by the Registration Committee, and

(

b) by adding the following after subsection (2):

(3) If the decision made by the Registration Committee is to refuse

registration renewal, the Registration Committee must notify the applicant

in writing of the decision with written reasons for the decision.

(4) An applicant whose application for registration renewal is

refused by the Registration Committee may appeal the refusal to the Board.

(5) Section 5 applies to an appeal under this section.

Section 9 is repealed and the following is substituted:

Registration as certified professional purchaser

9(1) Subject to subsection (2), an applicant is entitled to be

registered as a certified professional purchaser if the applicant

(

a) produces documentation satisfactory to the

Registration Committee

(

i) of having successfully completed the

Purchasing Management Association of Canada Level 4 Accreditation Program

or substantially equivalent studies, or

(ii) of having achieved the competencies

equivalent to those required to successfully complete the Purchasing

Management Association of Canada Level 4 Accreditation Program,

(

b) has successfully completed the Purchasing

Management Association of Canada Written Final Certification Examination,

and

(

c) is of good character and reputation.

(2) This

section does not apply to a person who is a registered

member on the coming into force of this

section until that person applies

to renew the person's annual membership for the 2003 calendar year or a

subsequent year.

Section 10 is amended

(

a) by striking out "who" and substituting "who, regardless of

being enrolled in the Purchasing Management Association of Canada

Accreditation Program,";

(

b) by adding the following after clause (b):

(b.1) has paid the annual membership fee,

(

c) by repealing clause (c).

Section 12 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) must develop and maintain a continuing competency program for

certified professional purchasers.

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Alberta Regulation 141/2000

Dairy Board Act

DAIRY BOARD AMENDMENT REGULATION

Filed: July 12, 2000

Made by the Alberta Dairy Board on June 13, 2000 and approved by the

Lieutenant Governor in Council (O.C. 260/2000) on July 12, 2000 pursuant to

section 11 of the Dairy Board Act.

1 The Dairy Board Regulation (AR 207/96) is amended by this Regulation.

Section 1 is amended

(

a) in subsection (1)(

a) by adding "and that is not contracted

export milk" after "sub-class 1a milk";

(

b) in subsection (2) by adding the following after clause (e):

(e.1) "contracted export milk" means milk delivered

pursuant to an agreement between a producer and a processor or other

person, where that milk and the dairy products made from that milk are

exported from Canada by that processor or other person in accordance with

the agreement;

Section 3 is amended by striking out "O.C. 769/93" whenever it occurs

and substituting "O.C. 108/2000".

Section 20(1) is amended by striking out "9(4)" and substituting "9.1".

Section 21 is amended

(

a) in subsection (1) by striking out "The Dairy" and substituting

"Subject to subsection (1.1), the Dairy";

(

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

(1.1) Subsection (1) does not apply to contracted export milk.

Section 22 is amended

(

a) in subsection (1) by striking out "Milk is" and substituting

"Milk, other than contracted export milk, is";

(

b) in subsection (2)

(

i) by striking out "Milk is" and substituting "Milk,

other than contracted export milk, is";

(ii) in clause (

d) by adding the following after

subclause (iv):

(

v) sub-class 4m milk, which means milk

used for sleeve production, structural surplus and over-quota production,

within the meaning of the national plan;

(iii) in clause (

e) by repealing subclause (v).

Section 26 is amended

(

a) in subsection (1) by adding ", but not for the contracted

export milk trade," after "milk trade";

(

b) by adding the following after subsection (1.1):

(1.2) Contracted export milk is exempt from the Dairy Board's

levies, charges, fees and assessments but is subject to grade price

adjustments under

Part 3 of the Dairy Industry Regulation (AR 139/99).

8 The following is added after

section 26:

Reclass-

ification of contracted export milk

26.1 If contracted export milk is delivered to a processor who does

not deliver that milk, or an equivalent amount of milk or dairy product

made from that amount of milk, for export, that milk or the equivalent

amount of milk is deemed to have been used by the processor as sub-class 1a

milk and the processor must pay to the appropriate pool the price of that

milk as sub-class 1a milk and pay the Dairy Board the levies, charges, fees

and assessments with respect to that milk.

Export milk audit

26.2(1) For the purposes of ensuring that the requirements of the

Act and regulations in respect of contracted export milk produced in

Alberta are complied with, the Dairy Board or a person authorized by the

Dairy Board may, during regular business hours and on reasonable notice,

enter a processor's premises or any premises where a processor keeps

records pertaining to contracted export milk in order to inspect and audit

the records.

(2) The Dairy Board or person carrying out the inspection and audit

under subsection (1) may make copies of the records and may temporarily

remove the records from the premises for that purpose.

(3) The processor must pay the Dairy Board for the actual cost of

the inspection and audit under subsection (1) in an amount determined by

the Dairy Board.

Section 27 is amended by adding ", other than contracted export milk,"

before "received in the previous month".

Section 28(2) is amended by adding "under subsection (1)" after "milk

delivered".

Section 32(1) is amended by adding "and by contracted export milk"

after "classes of milk".

Section 38 is amended by adding "or it is contracted export milk"

after "section 22".

Section 42(1) is amended by striking out "cow's milk unless the person

holds a producer licence and is registered with the Canadian Dairy

Commission" and substituting "milk unless the person holds a producer

licence".

Alberta Regulation 142/2000

Students Finance Act

Student Loan Act

STUDENT FINANCIAL ASSISTANCE AMENDMENT REGULATION

Filed: July 12, 2000

Made by the Lieutenant Governor in Council (O.C. 265/2000) on July 12, 2000

pursuant to

section 11 of the Students Finance Act and

section 11 of the

Student Loan Act.

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

this Regulation.

Section 21 is amended

(

a) by repealing subsection (3) and substituting the following:

(3) The Minister may establish the conditions, criteria and

award amounts under which scholarships, fellowships, prizes, grants or

bursaries will be awarded under this section.

(

b) by repealing subsection (5).

3 The following is added after

section 21:

Alberta Opportunities Bursary

21.1(1) The Minister may award assistance, in the form of an Alberta

Opportunities Bursary, to full-time students who meet the minimum financial

need threshold determined by the Minister.

(2) The maximum amount of an Alberta Opportunities Bursary is $1 500

in an academic year.

Northern Student Supplement

21.2(1) The Minister may award assistance, in the form of a Northern

Student Supplement, to full-time students who originate from within the

boundaries of the Northern Alberta Development Council.

(2) The maximum amount of a Northern Student Supplement is $1 500 in

an academic year.

Section 35 is amended

(

a) by repealing subsection (3)(a);

(

b) in subsection (4) by striking out "(3)(

b) or (c)" and

substituting "(3)";

(

c) in subsection (7) by striking out "No more" and substituting

"Subject to

section 35.1, no more".

5 The following is added after

section 35:

Further interest relief

35.1 Where 60 months have not elapsed since the day on which a

borrower ceased to be a full-time student and the borrower has already been

granted 30 months of interest relief, the Minister may grant the borrower

further interest relief periods under

section 35 if

(

a) in the case of a student loan with a repayment

period of 15 years or more, the borrower is unable to make the installment

payments due, and

(

b) in the case of a student loan with a repayment

period of less than 15 years, the borrower would not be able to make the

installments payments due even if the payment period were extended to 15

years.

Section 2 of the

Schedule is repealed and the following is substituted:

2 The maximum loan limits for the loan year commencing on August 1,

2000 are as follows:

(a) $10 400 in an academic year or $5 200 in a

semester;

(

b) in the case of a student who is enrolled in an

accelerated program, $15 600 in an academic year or $7 800 in a semester;

(

c) in the case of a student who is a dependent student

and who demonstrates to the satisfaction of the Minister that a similar

program to the one being taken is not available at a post-secondary

educational institution in the student's community or within reasonable

commuting distance from the student's parental home,

(i) $12 400 in an academic year or $6 200

in a semester, or

(ii) if the student is enrolled in an

accelerated program, $18 600 in an academic year or $9 300 in a semester.

Alberta Regulation 143/2000

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: July 12, 2000

Made by the Lieutenant Governor in Council (O.C. 270/2000) on July 12, 2000

pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans Act.

1 The Local Authorities Pension Plan (AR 366/93) is amended by this

Regulation.

Section 2(1) is amended by adding the following before clause (tt):

(ss.2) "vested" means, in relation to a participant, having

(

i) completed a period of, or periods aggregating, at

least 2 years' participation as a participant with any probationary

service that is pensionable service included, or

(ii) accumulated at least 2 years' pensionable service;

Section 11(

c) is amended by striking out from "and insufficiency" to

the end and substituting ", cannot, under any circumstances that could

happen, become vested,".

Section 30(1) is amended by repealing clause (0b).

5 The following is added after

section 30:

Interpretation of whole

Part

30.1 In this Part, subject to

section 34.2, "employee contribution

excess" means an amount equal to the excess, if any, of the employee

contributions within the meaning of

section 29(1)(

a) and 30(1)(

a) combined,

other than additional contributions, over half the commuted value on all

service, as at the date provided for in this Plan.

Section 34.1 is amended

(

a) in subsections (2) and (4) by striking out "(i)";

(

b) by repealing subsection (7).

7 The following is added after

section 34.1:

Recalculation of "employee contribution excess" for prior, etc. service

contributions

34.2(1) Where a pension is to be paid to any person under this Part,

the amount of any employee contributions referred to in

section 29(1) or

30(1) paid to establish any prior service under

section 20(1)(

d) and any

leave without pay or salary in respect of which the participant paid

employer contributions pursuant to

section 15(3) or pursuant to the former

Act shall be excluded from the computation of employee contributions in the

calculation of the employee contribution excess.

(2) Service represented by the employee contributions excluded by

virtue of applying subsection (1) is not to be taken into account in

calculating the commuted value component of the employee contribution

excess.

Section 36 is amended

(

a) in subsection (3),

(

i) in clause (

a) by striking out "of, or periods

aggregating, 5 years" and substituting "or periods";

(ii) in clause (

b) by striking out "of, or those periods

aggregating, 5 years" and substituting "or those periods";

(

b) by adding the following at the end:

(6) In addition, the person is entitled to receive or

transfer the employee contribution excess.

Section 39 is amended by renumbering it as

section 39(1) and by adding

the following after subsection (1):

(2) In addition, the person is entitled to receive or transfer the

employee contribution excess.

Section 39.1 is amended by adding the following after subsection (3):

(4) A person who receives a pension under subsection (1) is

additionally entitled to any employee contribution excess that he would

have been entitled to receive or transfer under

section 39(2) or 69(d)(ii)

had he chosen to receive the pension under

section 39(1) or 69(d), as the

case may be.

Section 40 is amended by renumbering it as

section 40(1) and by adding

the following after subsection (1):

(2) In addition, the person is entitled to receive or transfer the

employee contribution excess.

Section 41 is amended by adding the following after subsection (4):

(5) In addition, the person is entitled to receive or transfer the

employee contribution excess.

Section 43 is amended by adding the following after subsection (3):

(4) In addition, the person is entitled to receive or transfer the

employee contribution excess.

Section 47 is amended

(

a) in subsection (3),

(

i) in clause (

a) by striking out "of, or periods

aggregating, 5 years" and substituting "or periods";

(ii) in clause (

b) by striking out "of, or those periods

aggregating, 5 years" and substituting "or those periods";

(

b) by repealing subsection (6) and substituting the following:

(6) Section 36(6) applies.

Section 50(2) is repealed.

Section 50.1(2) is repealed.

Section 51(2) is repealed.

Section 52(5) is repealed.

Section 54(4) is repealed.

Section 58(1) is amended by striking out "in respect of service in

1992 or 1993".

Section 59 is repealed and the following is substituted:

Interpretation for Subdivision

58.1 In this Subdivision, the deceased's accrued benefits that are

to be taken into account in determining commuted value are to be taken to

be what his accrued benefits would have been under Subdivision A of

Division 3 had the deceased terminated rather than dying.

Benefit on death before commence-ment of pension - spouse's entitlements

59 Where there is a surviving spouse, the spouse may choose,

(

a) if the deceased was vested,

(

i) both

(

A) the pension that would have

been payable if the deceased, immediately before dying, had terminated

under the circumstances referred to in

section 41(1) and had exercised the

joint life option specified in

section 38(1)(c)(i), with the surviving

spouse as the designated nominee or, if the spouse so selects as an

alternative, a guaranteed term pension, payable for

(

I) whichever term,

being 5, 10 or 15 years, is selected by the spouse, or

(II) the life of the

spouse,

whichever is the longer, in

an amount that is the actuarial equivalent of that deemed joint life

pension, and

(

B) to receive the employee

contribution excess or to have it transferred from the Plan,

(ii) to have an amount equal to the commuted

value transferred from the Plan to a locked-in retirement account and

either to receive the employee contribution excess or to have it

transferred from the Plan,

(

b) if the deceased was not vested,

(

i) to receive an amount equal to the

employee contributions, or

(ii) to have that amount transferred from

the Plan.

22 Sections 60 and 61 are repealed and the following is substituted:

Idem - where no spouse

60(1) Where there is no surviving spouse and the deceased was

vested, the person entitled to receive any benefit on the death is entitled

to receive an amount equal to the aggregate of the commuted value and the

employee contribution excess.

(2) Where there is no surviving spouse and the deceased was not

vested, the person entitled to receive any benefit on the death is entitled

to receive an amount equal to the employee contributions.

Section 64 is amended

(

a) by striking out "had at least 5 years' pensionable service

accumulated" and substituting "was vested";

(

b) in clause (a),

(

i) in subclause (i)(

B) by adding "or to have it

transferred from the Plan" after "excess";

(ii) in subclause (ii) by adding "or" after "excess";

(

c) in clause (

b) by striking out "had less than 5 years'

pensionable service accumulated" and substituting "was not vested".

Section 65 is amended

(

a) by striking out "had at least 5 years' pensionable service

accumulated" and substituting "was vested";

(

b) in subsection (2) by striking out "had less than 5 years'

pensionable service accumulated" and substituting "was not vested".

Section 67(1) is amended by striking out "in respect of service in

1992 or 1993".

Section 69 is amended by repealing clauses (

a) to (

d) and substituting

the following:

(

a) to have an amount equal to the commuted value transferred from

the Plan to a locked-in retirement account and to receive the employee

contribution excess,

(

b) to have an amount equal to the commuted value transferred from

the Plan to a locked-in retirement account and to have the employee

contribution excess transferred from the Plan,

(

c) subject to

section 71, to have his pension entitlements

transferred on a locked-in basis from the Plan to a registered pension plan

operated by the other party to a reciprocal agreement in the amount

required by that other party, not exceeding, however, the amount which,

taken together with the amount to be transferred under

section 72(

c) is

specified in

section 84(2)(a), or

(

d) to

(

i) receive a pension in the form of a normal pension

and in the amount that is equal to a pension under

section 36 or 39, as the

case may be, having reached the date when he would have been entitled to

receive a pension under that

section had he continued to be an employee

until that time, but taking into account only pensionable service

accumulated at the actual date of termination, and actual highest average

salary, and

(ii) receive or transfer the employee contribution

excess.

Section 70 is repealed and the following is substituted:

Termination before vesting

70 A person who is not vested may choose

(

a) to receive an amount equal to the employee

contributions,

(

b) to have the amount specified in clause (

a) transferred from the Plan, or

(

c) subject to

section 71, to have his pension

entitlements transferred from the Plan to a registered pension plan

operated by the other party to a reciprocal agreement in the amount

required by that other party, not exceeding, however, the amount which,

taken together with the amount to be transferred under

section 73(c), is

specified in

section 84(2)(a).

Section 72(

d) is amended

(

a) by striking out "receive" preceding subclause (i);

(

b) in subclause (

i) by adding "receive" at the beginning before "a

pension";

(

c) in subclause (ii) by adding "receive or transfer" before "the".

Section 73 is amended

(

a) by striking out "has accumulated less than 5 years' pensionable

service" and substituting "is not vested";

(

b) in clause (

c) by striking out "70 (as it relates to

section

69(c))" and substituting "70(c)".

Section 84(2) is amended by repealing clause (

a) and substituting the

following:

(

a) for pension entitlements under the Plan, based on all

pensionable service, whether accumulated before or after January 1, 1992,

to be transferred from the Plan in an amount that is not greater than the

commuted value, based on all such service and determined as of the date

when the application for the transfer is received by the Minister, and

(

i) in the case of a person who is vested, the employee

contribution excess, with any amount that exceeds the employee contribution

excess being transferred only on a locked-in basis, or

(ii) in the case of a person who is not vested, the

amount, if any, by which the employee contributions exceed the commuted

value, based on all such service,

Section 97(2)(

a) is amended by striking out

(a) "the maximum of the aggregate of", and

(

b) all the words from "and in addition" to "Minister".

32 The following provisions are amended by striking out "has accumulated

at least 5 years' pensionable service" wherever it occurs and substituting

"is vested":

section 36(1)(b);

section 39(1)(b);

section 40;

section 41(1)(

a) and (2)(a);

section 69;

section 72.

33 The following is added after

section 116.1:

Transitional - commuted value

116.2 The amendments dealing with commuted values on all service

and employee contribution excesses and made by the Local Authorities

Pension Plan Amendment Regulation that came into force on September 1, 2000

apply to, in addition to the persons to whom they would apply but for this

section, persons who terminated before September 1, 2000 and who, as at the

end of August 2000, remained entitled to a pension under

section 69(

d) as

that clause was at the end of August 2000.

34 This Regulation comes into force on September 1, 2000.