Alberta Gazette — 30 December (ii)

1230 ii

Alberta — Gazette

Alberta Regulation 247/2000

Motor Vehicle Administration Act

DRIVER EXAMINER AMENDMENT REGULATION

Filed: December 1, 2000

Made by the Minister of Infrastructure (M.O. 45/00) on November 22, 2000

pursuant to

section 59(3) of the Motor Vehicle Administration Act.

1 The Driver Examiner Regulation (AR 20/95) is amended by this

Regulation.

Section 1(1) is amended by repealing clause (a.1) and substituting the

following:

(a.1) "Director" means the person designated by the

Minister as the Director for the purposes of this Regulation;

Section 1.1 is amended by striking out "Department of Transportation

and Utilities" and substituting "Department of Infrastructure".

Section 3(6)(

a) is amended by striking out "Department of

Transportation and Utilities" and substituting "Department of

Infrastructure".

Section 4(1)(a)(

i) is repealed and the following is substituted:

(

i) holds a valid operator's licence for the class of

licence for which the person will be conducting tests,

Section 8 is amended by striking out "5 years" and substituting "2

years".

Section 9(5) is amended

(

a) by striking out "6(1)(a)" and substituting "6(a)";

(

b) by striking out "6(1)(b)" and substituting "6(b)";

(

c) by striking out "6(1)(c)" and substituting "6(c)".

Section 13 is amended by striking out "require that he".

Section 17(1)(a)(

i) is repealed and the following is substituted:

(

i) has made a false statement in the application for

the licence or in information provided to the Director,

Section 18(3)(

h) is amended by striking out "imposed under" and

substituting "referred to in".

11 The following is added after

section 18:

Expiry

18.1 For the purpose of ensuring that this Regulation is reviewed

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

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

Regulation expires on December 31, 2002.

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

Alberta Regulation 248/2000

Motor Vehicle Administration Act

DRIVER TRAINING AMENDMENT REGULATION

Filed: December 1, 2000

Made by the Minister of Infrastructure (M.O. 47/00) on November 22, 2000

pursuant to

section 59(3) of the Motor Vehicle Administration Act.

1 The Driver Training Regulation (AR 133/90) is amended by this

Regulation.

Section 1(

b) and (

c) are repealed and the following is substituted:

(b) "Department" means the Department of Infrastructure;

Director for the purposes of this Regulation;

Section 7(2) is amended by adding "or" at the end of clause (b),

striking out "or" at the end of clause (

c) and repealing clause (d).

Section 12(2) is repealed and the following is substituted:

(2) On and after January 1, 2002, a driver training school, other

than a driver training school operated by an organization referred to in

section 7(2), must designate as a senior instructor at the school a person

who has at least 2 years' experience as a licensed instructor in the same

class of operator licence for which the person is responsible for

supervising.

Section 13 is amended by adding "written" before "statement".

Section 14(1) is amended by striking out "5 years" and substituting "2

years".

Section 20 is repealed and the following is substituted:

Term of instructor's licence

20 An instructor's licence becomes effective on the commencement

date stated on the licence and remains in effect until it expires 2 years

later, unless it is revoked or suspended before it expires.

Section 25 is amended

(

a) in subsection (1)(

a) by striking out "Endorsement form" and

substituting "Endorsement Form";

(

b) in subsection (2) by striking out "Endorsement form" and

substituting "Endorsement Form".

Section 34(

c) is repealed and the following is substituted:

(

c) require by written notice that an instructor or a

representative of a driver training school report to a person and place

designated by the Director, with a view to discussing and correcting any

practice that in the Director's opinion is not consistent with good driver

training principles, and

10 The following is added after

section 37:

Expiry

38 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 December 31, 2002.

Alberta Regulation 249/2000

Municipal Government Act

MAJOR CITIES INVESTMENT REGULATION

Filed: December 1, 2000

Made by the Minister of Municipal Affairs (M.O. L:258/00) on November 28,

2000 pursuant to

section 250(4) of the Municipal Government Act.

Definitions 1

Additional investments 2

Rating agencies 3

Ratings 4

Limitations on municipality 5

Expiry 6

Definitions

1 In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "municipality" means The City of Calgary and the City of

Edmonton;

section 250(1) of

the Act.

Additional investments

2 In addition to the investments referred to in

section 250(2) of the Act

and

section 2 of the Investment Regulation (AR 66/00), a municipality may

invest its money in

(

a) securities issued or guaranteed by a credit union or trust

corporation established or continued under the laws of Canada or a province

other than Alberta,

(

b) securities of any of the following entities, or of a body that

is the equivalent of any of the following entities, established under the

laws of Canada or a province other than Alberta:

(

i) a municipality;

(ii) a school division;

(iii) a school district;

(iv) a hospital district;

(

v) a regional health authority;

(vi) a regional services commission,

(

c) securities, including securities denominated in foreign

currencies, issued or guaranteed by

(

i) the government of a jurisdiction outside Canada or

an agent of that government,

(ii) a corporation with its head office located in a

jurisdiction outside Canada or an agent of that corporation, or

(iii) a bank incorporated in a jurisdiction outside

Canada or an agent of that bank,

if the securities are rated by at least one of the rating

agencies listed in

section 3 with a rating that is equivalent to the

ratings set out in

section 4,

(

d) securities issued or guaranteed by supranational agencies, if

the securities are rated by at least one of the rating agencies listed in

section 3 with a rating that is equivalent to the ratings set out in

section 4,

(

e) private equity placements, including placements denominated in

foreign currencies,

(

f) private debt placements, including placements denominated in

foreign currencies, of any corporation, if the debt placements are rated by

at least one of the rating agencies listed in

section 3 with a rating that

is equivalent to the ratings set out in

section 4,

(

g) common stocks, partially paid shares, convertible debentures,

preferred shares, warrants or rights or other equity instruments that are

publicly traded on a recognized stock exchange in or outside Canada, and

(

h) units in pooled funds of all or any of the investments

described in

section 250(2)(

a) to (

c) of the Act,

section 2(1)(

a) to (

c) of

the Investment Regulation (AR 66/00) and clauses (

a) to (

g) of this

section.

Rating agencies

3 The rating agencies referred to in

section 2 are the following:

(

a) Canadian Bond Rating Service, Inc.;

(

b) Dominion Bond Rating Service Limited;

(

c) Moody's Investors Service, Inc.;

(

d) Standard & Poor's Corporation.

Ratings

4 The ratings referred to in

section 2 are the following:

(

a) a minimum of R-1 or A for investments with a maturity date that

is less than one year after the date the investment is issued;

(

b) a minimum of A- for investments with a maturity date that is

one year or more after the date the investment is issued.

Limitations on municipality

5 In making investments, the municipality must at all times be governed

(

a) by the prudent person rule as understood generally by the

investment community in Canada and Alberta, and

(

b) by the investment policy approved by its council.

Expiry

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

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

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

on June 30, 2005.

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

Alberta Regulation 250/2000

Electric Utilities Act

REGULATED RATE OPTION AMENDMENT REGULATION

Filed: December 1, 2000

Made by the Minister of Resource Development (M.O. 73/2000) on November 30,

2000 pursuant to

section 31.995(1) of the Electric Utilities Act.

1 The Regulated Rate Option Regulation (AR 45/2000) is amended by this

Regulation.

Section 2(2)(

b) is amended by adding "as prescribed under

section 5"

after "tariff".

Section 5 is repealed and the following is substituted:

Prescribed charge

5(1) The Minister must prescribe

(

a) the amount to be charged for electric energy under

a regulated rate tariff referred to in sections 2, 3 and 4, and

(

b) the length of time within the transition period in

which the prescribed charge is to apply.

(2) On application by an owner or a person referred to in

section 7

or 8, the Board may review the prescribed charge.

(3) No application may be made under subsection (2) before October 1

of a year in which the prescribed charge applies.

(4) In reviewing the prescribed charge, the Board must have regard

for the following principles:

(

a) for the purpose of meeting its obligations under

its regulated rate tariff, the owner must include in its electric energy

supply portfolio

(

i) power purchase arrangements held by the

owner, an affiliate of the owner, a person referred to in

section 7 or 8 or

an affiliate of that person, and

(ii) generation provided other than pursuant

to a power purchase arrangement;

(

b) the owner must make prudent arrangements to manage

financial risk associated with the electric energy supply used to meet its

obligations under its regulated rate tariff;

(

c) the owner must prudently procure a supply of

electric energy;

(

d) the prescribed charge must provide the owner with a

reasonable opportunity to recover the just and reasonable costs of carrying

out the duties described in clauses (

a) to (c), including a reasonable rate

of return.

(5) On completing a review, the Board may recommend to the Minister

that the prescribed charge be changed in respect of one or all owners.

(6) The Minister may accept or reject the recommendation of the

Board.

(7) Where the Minister accepts the recommendation of the Board and

changes the prescribed charge, an owner must collect the amount by which

the prescribed charge has changed for each of the months in the transition

period preceding the change in the prescribed charge.

(8) An owner must collect the amount described in subsection (1)

(

a) beginning in January of the year following the year

in which the prescribed charge is changed, and

(

b) over the period of time set by the Minister.

Prohibition on over-charging

5.1 No owner may collect an amount that exceeds the prescribed

charge under

section 5(1) in respect of

(

a) electric energy provided pursuant to a regulated

rate tariff,

(

b) management fees for electric energy provided

pursuant to a regulated rate tariff, and

(

c) management fees for any service provided pursuant

to a regulated rate tariff,

unless the Minister increases the prescribed charge under

section

5(6).

Prescribed charge applies to all tariffs

5.2 The prescribed charge under

section 5 must be included in the

regulated rate tariff referred to in sections 2, 3 and 4.

Effect of tariff that exceeds prescribed charge

5.3 A regulated rate tariff or a component of a regulated rate

tariff

(

a) approved by the Board,

(

b) filed with the Board, or

(

c) negotiated under

Part 6 of the Act

before the coming into force of this Regulation is deemed to be

modified to be consistent with this Regulation.

Alberta Regulation 251/2000

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: December 6, 2000

Made by the Lieutenant Governor in Council (O.C. 481/2000) on December 6,

2000 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 127/99)

is amended by this Regulation.

Section 10 is amended by adding the following after subsection (1):

(1.1) The powers, duties and functions of the Minister in the

Radiation Health Administration Regulation (AR 49/96) are transferred to

the Minister of Human Resources and Employment.

Section 12(1) is amended by repealing clauses (

a) and (d).

Section 16 is amended

(

a) in subsection (3)(

e) by adding ", except sections 2, 3, 4, 9

and 10" after "Organization Act";

(

b) by adding the following after subsection (3):

(3.1) The responsibility for sections 2, 3, 4, 9 and 10 of

Schedule

10 of the Government Organization Act is transferred to the common

responsibility of the Minister of Municipal Affairs and the Minister of

Human Resources and Employment.

Alberta Regulation 252/2000

Regional Health Authorities Act

COMMUNITY HEALTH COUNCILS AMENDMENT REGULATION

Filed: December 6, 2000

Made by the Lieutenant Governor in Council (O.C. 483/2000) on December 6,

2000 pursuant to

section 21 of the Regional Health Authorities Act.

1 The Community Health Councils Regulation (AR 202/97) is amended by this

Regulation.

Section 11 is amended by striking out "December 31, 2000" and

substituting "December 31, 2002".

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

Alberta Regulation 253/2000

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION PLANS

AMENDMENT REGULATION

Filed: December 6, 2000

Made by the Lieutenant Governor in Council (O.C. 484/2000) on December 6,

2000 pursuant to

section 14 of the Teachers' Pension Plans Act and

section

12 of the Teachers' Pension Plans (Legislative Provisions) Regulation (AR

204/95).

1 The Teachers' and Private School Teachers' Pension Plans (AR 203/95)

are amended by this Regulation.

Schedule 1 is amended by sections 3 to 9.

Section 1(1) is amended

(

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

(w.1) "latest pension commencement date" means, in

relation to a member whose pension has not yet commenced, the last moment

as of which that person is allowed to commence to receive the pension under

the tax rules;

(

b) in clause (ii)(ii) by striking out "fixed by the tax rules for

that year" and substituting "that was contemporaneously in force in that

year under the tax rules for that year (disregarding any subsequent

retroactive change)".

Section 9 is amended

(

a) by repealing clauses (

a) and (

b) and substituting the

following:

(

a) who has reached, or after the person reaches, his

latest pension commencement date,

(

b) in clause (

c) by striking out "end of the calendar year of

attaining the age of 71 years" and substituting "latest pension

commencement date".

Section 27(3) is amended, in definition "C" by repealing clause (

b) and

substituting the following:

(

b) the average year's maximum pensionable earnings for

(

i) the last 5 consecutive years of the member's

pensionable service, with breaks in service being disregarded, where

pension commencement occurs after December 31, 2000 as a result of a

postponement under

section 42 made before January 1, 2001, or

(ii) the 5 consecutive years over which those highest

average earnings are determined, where pension commencement occurs after

December 31, 2000 in any other circumstances,

Section 31 is amended by striking out "end of the calendar year in

which he attained the age of 71 years" and substituting "latest pension

commencement date".

Section 46(2) is amended

(

a) in clause (

a) by striking out "4%" and substituting "20%";

(

b) in clause (

b) by striking out "2%" and substituting "4%".

Section 47(1) is amended by striking out "30, 30.1 or 30.2 of the

Employment Pension Plans Regulation (Alta. Reg. 364/86)" and substituting

"39, 40 or 41 of the Employment Pension Plans Regulation (AR 35/2000)".

Section 50(2) is amended by striking out "calendar year following that

in which he attains the age of 71 years" and substituting "month of his

latest pension commencement date".

10 This Regulation comes into force on January 1, 2001.

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

Alberta Regulation 254/2000

Government Organization Act

STORAGE TANK SYSTEM MANAGEMENT REGULATION

Filed: December 6, 2000

Made by the Lieutenant Governor in Council (O.C. 485/2000) on December 6,

2000 pursuant to

Schedule 10,

section 2 of the Government Organization Act.

Definitions 1

Delegation 2

Authorization to assess and collect 3

Conditions 4

Limiting legal liability 5

Appeals 6

Records 7

Reporting 8

Consequential amendment 9

Expiry 10

Coming into force 11

Definitions

1 In this Regulation,

(a) "accredited agency" means an accredited agency as defined in

the Safety Codes Act;

(b) "accredited corporation" means an accredited corporation as

defined in the Safety Codes Act;

(d) "accredited regional services commission" means an accredited

regional services commission as defined in the Safety Codes Act;

(e) "Act" means the Government Organization Act;

(f) "Administration Agreement" means a written agreement between

the Minister and the Association, entitled Administration Agreement;

(g) "Administrator" means Administrator as defined in the Safety

Codes Act;

(h) "Alberta Fire Code" means the Alberta Fire Code 1997 declared

in force by the Fire Code Regulation (AR 52/98);

(i) "Association" means the Petroleum Tank Management Association

of Alberta incorporated under the Societies Act;

(j) "authority having jurisdiction" means a local authority,

Administrator or safety codes officer as defined in the Safety Codes Act,

or the authority having jurisdiction as defined in the Alberta Fire Code;

(k) "confidential information" means information acquired by the

Association while carrying out its powers, duties and functions under this

Regulation;

(l) "Freedom of Information Coordinator" means an employee of the

Government designated by the Deputy Minister as a Freedom of Information

Coordinator;

(m) "Minister" means the Minister designated with the

responsibility for the administration of the Safety Codes Act, and "Deputy

Minister" means the Deputy of that Minister;

(n) "rules" means rules made by the Association under

section 3 of

Schedule 10 of the Act;

(o) "safety codes officer" means a safety codes officer as defined

in the Safety Codes Act;

(p) "storage tank system" means a storage tank system as defined in

the Alberta Fire Code.

Delegation

2(1) The powers, duties and functions of the Administrator are delegated

to the Association with respect to the following:

(

a) pursuant to

section 38 of the Safety Codes Act, certificates of

competency for the approval of individuals permitted to install, remove,

repair or conduct precision tests of storage tank systems, pursuant to

Sentence 4.1.1.2.(1) of the Alberta Fire Code;

(

b) the receipt of applications for the registration of storage

tank systems, pursuant to Sentence 4.1.1.3.(3) of the Alberta Fire Code;

(

c) the registration of storage tank systems and the issuance of

registration certificates, pursuant to Sentences 4.1.1.3.(5) and (17) of

the Alberta Fire Code;

(

d) the cancellation of the registration of a storage tank,

pursuant to Sentence 4.1.1.3.(11) of the Alberta Fire Code;

(

e) the collection of cancelled registration certificates, pursuant

to Sentence 4.1.1.3.(12) of the Alberta Fire Code;

(

f) the receipt of notification and the issuance of replacements

for lost, stolen or destroyed registration certificates, pursuant to

Sentences 4.1.1.3.(13) and (14) of the Alberta Fire Code.

(2) Subject to subsection (4), the powers, duties and functions of the

authority having jurisdiction are delegated to the Association with respect

to the following:

(

a) the acceptance of longer intervals between inspections and

tests concerning storage tank systems, pursuant to

Article 1.1.2.4. of the

Alberta Fire Code;

(

b) the issuance of permits or approvals and the examination of

plans, drawings and specifications, pursuant to Sentence 4.1.1.2.(2) of the

Alberta Fire Code;

(

c) the assignment of site sensitivity classifications, pursuant to

Sentences 4.3.8.1.(3) and 4.3.17.3.(1) of the Alberta Fire Code;

(

d) the receipt of notification of leaks and spills, pursuant to

Sentences 4.3.15.5.(2) and 4.3.16.3.(1) of the Alberta Fire Code;

(

e) the receipt of notification of underground storage tanks being

taken out of service for a period exceeding 180 days, pursuant to Sentence

4.10.2.1.(2) of the Alberta Fire Code;

(

f) the receipt of notification of the reactivation of underground

storage tanks, pursuant to Sentence 4.10.2.1.(4) of the Alberta Fire Code;

(

g) the receipt of notification of the removal of underground

storage tanks that have no further use or that have been out of service for

more than 2 years, pursuant to Sentence 4.10.3.1.(1) of the Alberta Fire

Code;

(

h) the receipt of notification that soil is contaminated where

underground tanks have been removed, the receipt of reports showing the

extent of the soil contamination and acceptance of the manner of removing,

treating or replacing the soil, pursuant to Sentence 4.10.3.1.(2) of the

Alberta Fire Code;

(

i) the granting of permission to abandon a storage tank, pursuant

Article 4.10.3.2. of the Alberta Fire Code;

(

j) the receipt of notification of the reactivation of above ground

storage tanks, pursuant to Sentence 4.10.4.2.(4) of the Alberta Fire Code.

(3) The powers, duties and functions of a safety codes officer under

sections 30, 31, 33, 34, 39, 40, 42, 43, 44 and 45 of the Safety Codes Act

are delegated to the Association if the exercise of the power or duty or

the carrying out of the function is related to the exercise of a power or

duty or the carrying out of a function under subsection (2).

(4) The delegations under subsections (2) and (3) do not apply within the

boundaries of an accredited municipality or accredited regional services

commission or within the geographical area where an accredited corporation

has jurisdiction.

(5) The Association is authorized, with the consent of the Minister, to

provide advice to the Minister on the powers, duties and functions

delegated under this Regulation.

Authorization to assess and collect

3 The Association is authorized

(

a) to impose assessments, fees and charges with the approval of

the Minister, and

(

b) to collect money by the levy of assessments, fees and charges,

with respect to the powers, duties and functions delegated to it under this

Regulation, on persons who apply for or are provided with services,

materials or programs, including, but not limited to, providing

information, issuing a permit, certificate or other thing or on notifying,

filing with or registering any thing with the Association.

Conditions

4(1) The delegation of powers, duties and functions under

section 2 is

subject to the following conditions:

(

a) the Association must exercise its powers and authorizations and

perform the duties and functions delegated to it by this Regulation in

accordance with the Administration Agreement;

(

b) the Association must comply with this Regulation;

(

c) any confidential information acquired by the Association, its

directors, officers or employees and agents in the course of carrying out

their powers, duties and functions under this Regulation must not be

disclosed or made known to any other person, except as is necessary to

carry out those powers, duties and functions or in a manner consistent with

the Freedom of Information and Protection of Privacy Act;

(

d) a request for information made to the Association for

confidential information must be directed to the Freedom of Information

Coordinator, and the Association must respond to the request as directed by

the Coordinator;

(

e) the Association must designate a person to be responsible for

confidential information matters and matters related to records management;

(

f) all computer software and systems used or developed by the

Association, the information on the software and systems, and anything

generated or capable of generation by them, for the carrying out of the

Association's powers, duties and functions under this Regulation or the

Administration Agreement is owned by the Government of Alberta.

(2) All money received by the Association under the authority of this

Regulation must be recorded and accounted for in accordance with generally

accepted accounting principles, and receipts for money received must be

provided on request of the person paying the money.

(3) The Association is authorized to use the money collected by it under

this Regulation to pay costs incurred in carrying out its powers, duties

and functions under this Regulation.

Limiting legal liability

5(1) No action lies against the Association or against all or any of its

directors, officers, agents or employees for anything done or not done by

any of them in good faith while carrying out their powers, duties and

functions under this Regulation.

(2) The Association and its directors, officers, employees and agents are

not liable for any damage caused by a decision related to the system of

inspections, examinations, evaluations and investigations, including, but

not limited to, a decision relating to their frequency and how they are

carried out.

(3) If the Association engages the services of an accredited agency to

carry out its powers, duties and functions under this Regulation, the

Association is not liable for any negligence or nuisance by the accredited

agency that causes injury, loss or damage to any person or property.

Appeals

6(1) Pursuant to

section 2(1)(

e) of

Schedule 10 of the Act, a person

affected by an action taken or a decision made by the Association or its

agents, directors, officers or employees in relation to the carrying out of

functions may request in writing that the Minister review the action or

decision concerning those matters related to this Regulation or the

Administration Agreement but not governed by

section 46 of the Safety Codes

Act.

(2) The Minister may decide whether to hear an appeal under subsection

(1).

(3) On hearing an appeal, the Minister may confirm, vary or revoke the

action or decision that is the subject-matter of the appeal.

(4) A decision made by the Minister with respect to an appeal under this

section is final.

Records

7(1) All records in the custody or control of the Association that are

required in the carrying out of its powers, duties and functions under this

Regulation must be managed, maintained and destroyed in accordance with

subsection (2) and

(

a) the Records Management Regulation (AR 57/95), or

(

b) a regulation that replaces the Records Management Regulation

(AR 57/95).

(2) The following conditions apply to records described in subsection (1):

(

a) records must be managed under the direction of a senior records

officer to whom a deputy head, as defined in the Records Management

Regulation (AR 57/95), has assigned powers and duties under that

Regulation;

(

b) the Association must designate a person to be responsible for

records management, confidential information and privacy matters;

(

c) the Association must comply with the Freedom of Information and

Protection of Privacy Act in the course of carrying out its powers, duties

and functions under this Regulation;

(

d) all records created or maintained in the course of carrying out

the powers, duties and functions under this Regulation become and remain

the property of the Crown in the right of Alberta;

(

e) all confidential information acquired by the Association and

its directors, officers and employees must be kept confidential and the

privacy of each individual must be protected from unreasonable invasion and

the Association must establish appropriate rules and make reasonable

security arrangements to protect confidential information against such

risks as unauthorized access, collection, use, disclosure or disposal of

confidential information in accordance with

Part 1 of the Freedom of

Information and Protection of Privacy Act;

(

f) the Association must provide any records required in accordance

with the Freedom of Information and Protection of Privacy Act to the

Freedom of Information Coordinator within the time period set out in the

Administration Agreement.

(3) The Association must maintain records with respect to storage tank

systems that include the following:

(

a) receiving of applications for registration;

(

b) registering storage tanks;

(

c) issuing registration certificates;

(

d) cancelling storage tank registrations;

(

e) issuing replacement registration certificates.

Reporting

8 The Association must report on its activities to the Minister at least

once a year, at a time and in a manner specified by the Minister, as set

out in the Administration Agreement and in accordance with

section 10 of

Schedule 10 of the Act.

Consequential amendment

9(1) The Authorized Accredited Agencies Regulation (AR 184/95) is amended

in the

Schedule by repealing the following:

112. Petroleum Tank Management Assoc. of Alberta

1560, 10303 Jasper Ave., Edmonton, Alberta

T5J 3N6

(2) The Administration and Information Systems Regulation (AR 55/95) is

amended by repealing

Part 2.

Expiry

10 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 December 31, 2005.

Coming into force

11 This Regulation comes into force on January 1, 2001.

Alberta Regulation 255/2000

Municipal Government Act

DEBT LIMIT REGULATION

Filed: December 7, 2000

Made by the Minister of Municipal Affairs (M.O. L:038/00) on December 1,

2000 pursuant to

section 271 of the Municipal Government Act.

Interpretation 1

Debt limit 2

Revenue 3

Total debt 4

Debt service 5

Controlled corporations 6

Repeal 7

Expiry 8

Interpretation

1(1) In this Regulation, "calculation time" means the point in time

referred to in

section 2.

(2) The

definitions in

section 1 and 241 of the Act apply to this

Regulation.

Debt limit

2(1) Subject to subsection (2), the debt limit of a municipality at a

point in time is,

(

a) in respect of the municipality's total debt, 1.5 times the

revenue of the municipality, and

(

b) in respect of the municipality's debt service, 0.25 times the

revenue of the municipality.

(2) The debt limit for the City of Calgary, the City of Edmonton and the

City of Medicine Hat at a point in time is,

(

a) in respect of the municipality's total debt, 2 times the

revenue of the municipality, and

(

b) in respect of the municipality's debt service, 0.35 times the

revenue of the municipality.

Revenue

3 The revenue of a municipality at the calculation time is determined by

the formula

R = a - b

where

"R" is revenue;

"a" is the total revenue reported in the last audited annual financial

statement of the municipality prepared before the calculation time, less

transfers from the governments of Alberta and Canada for the purposes of a

capital property reported in that statement if those transfers are included

in the total revenue;

"b" is the principal outstanding at the calculation time on loans made by

the municipality under

section 265 of the Act.

Total debt

4 The total debt of a municipality at the calculation time is determined

by the formula

TD = (a + b) - c

where

"TD" is the total debt;

"a" is the principal outstanding at the calculation time on borrowings made

by the municipality;

"b" is the principal outstanding at the calculation time of loans in good

standing that have been guaranteed by the municipality, plus the amount

that the municipality is liable to pay at the calculation time under loans

not in good standing that have been guaranteed by the municipality;

"c" is the amount of a and b that the municipality is entitled to recover

from another municipality at the calculation time.

Debt service

5(1) The debt service of a municipality at the calculation time is

determined by the formula

DS = (a + b) - c

where

"DS" is the debt service;

"a" is the sum of,

(

i) for borrowings made by the municipality in which the

municipality is required to pay principal during the 12 months after the

calculation time, the total amount of principal and interest that the

municipality will be required to pay in respect of those borrowings during

the 12 months after the calculation time, and

(ii) for borrowings made by the municipality in which the

municipality is not required to pay any principal during the 12 months

after the calculation time, the total of the pro rata amounts in respect of

those borrowings determined under subsection (2) for the 12 months after

the calculation time;

"b" is the total amount that the council estimates on reasonable grounds

that the municipality will be liable to pay during the 12 months after the

calculation time in respect of loans not in good standing that have been

guaranteed by the municipality;

"c" is the amount of a and b that the municipality is entitled to recover

from another municipality during the 12 months after the calculation time.

(2) The pro rata amount for a borrowing at the calculation time is

determined by the formula

where

"PRA" is the pro rata amount for the borrowing;

"D" is the total amount of principal and interest that the municipality

will be required to pay from the calculation time to the end of the

amortization period of the borrowing;

"E" is the number of months from the calculation time to the end of the

amortization period of the borrowing.

(3) For the purposes of determining D in the PRA formula, if the actual

rate of interest under a borrowing is not known at the calculation time for

some or all of the payments under the borrowing, the rate of interest for

those payments is determined by using the rate of interest in effect at the

calculation time.

Controlled corporations

6(1) If a municipality controls one or more corporations, the municipality

may choose to calculate its revenue, total debt and debt service as though

one or more of the controlled corporations are part of the municipality.

(2) If a municipality chooses to include a controlled corporation in the

calculation of its revenue, total debt and debt service, all of the

controlled corporation's revenue, borrowings, guarantees and loans must be

included in those calculations except that

(

a) revenues arising from transactions between the municipality and

the controlled corporation or between the controlled corporation and

another corporation controlled by the municipality that the municipality

includes as being part of the municipality are not to be included in the

combined revenues, and

(

b) guarantees and loans between the municipality and the

controlled corporation or between the controlled corporation and another

corporation controlled by the municipality that the municipality includes

as being part of the municipality are not to be included in the combined

total debt or debt service.

Repeal

7 The Debt Limit Regulation (AR 375/94) is repealed.

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 March 31, 2005.

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

Alberta Regulation 256/2000

Alberta Housing Act

SOCIAL HOUSING ACCOMMODATION AMENDMENT REGULATION

Filed: December 12, 2000

Made by the Minister of Community Development on December 7, 2000 pursuant

section 34(1)(

i) of the Alberta Housing Act.

1 The Social Housing Accommodation Regulation (AR 244/94) is amended by

this Regulation.

Section 1(1) is amended

(

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

(j.1) "self-employment income" means the total annual

gross income from business or self-employment before any personal income

tax deductions or deductions for capital cost allowance or depreciation but

after deducting the following expenses and allowances related directly to

that income:

(

i) accounting and legal expenses;

(ii) advertising expenses;

(iii) business tax, fees, licences, dues;

(iv) insurance expenses;

(

v) interest, bank charges;

(vi) maintenance and repairs expenses;

(vii) motor vehicle expenses (except capital

cost allowance);

(viii) office expenses;

(ix) salaries (including employer's

contributions);

(

x) expenses related to computers and

equipment;

(xi) other charges claimed as expenses or

allowances for the purposes of determining the annual net taxable business

or self-employment income of the individual;

(

b) by repealing clause (

n) and substituting the following:

(n) "total annual income" means the total gross income

including self-employment income from all sources of all members of the

household 15 years of age or older, except

(

i) income of a live-in aide, and

(ii) a payment under the Alberta Energy Tax

Refund Program.

Section 1(1)(

b) of

Schedule D is amended by adding "except a payment

under the Alberta Energy Tax Refund Program," after "total monthly income

received from all sources".

Alberta Regulation 257/2000

Apprenticeship and Industry Training Act

APPRENTICESHIP AND INDUSTRY TRAINING

ADMINISTRATION REGULATION

Filed: December 14, 2000

Made by the Minister of Learning on December 12, 2000 pursuant to sections

33(1) and 37(1) of the Apprenticeship and Industry Training Act.

Definitions 1

Replacement of documents 2

Part 1

Trades

Designation of Trades

Application re designation, change of designation, etc. 3

Review by Board 4

Criteria for designation of trades 5

Additional criteria for designation of

compulsory certification trades 6

Consultation and report 7

Provisional Committees

Establishment of provisional committee 8

Composition, etc. of provisional committee 9

Review by provisional committee 10

Trades Committees

General criteria re committee appointments 11

Criterion re local apprenticeship committee appointments 12

Criteria re provincial apprenticeship committee

appointments 13

Apprenticeship Training

Contract of apprenticeship 14

Registration of contracts of apprenticeship 15

Refusal to register 16

Transfer of contract of apprenticeship to Executive Director 17

Contract of apprenticeship with Executive Director 18

Transfer of contract of apprenticeship to another person 19

Refusal to register a notice of acceptance 20

Ending of contract of apprenticeship 21

Cancellation, suspension re contract of apprenticeship 22

Provision of courses and programs 23

Authorization to Work

Matters to be considered 24

Part 2

Designated Occupations

Application re designation or rescinding designation 25

Review by Board 26

Criteria for designation of occupations 27

Consultation and report 28

Provisional committees 29

Occupational committees 30

Remuneration and expenses 31

Part 3

Repeals, Expiry and Coming into Force

Repeals 32

Expiry 33

Coming into force 34

Definitions

1 In this Regulation,

(a) "Act" means the Apprenticeship and Industry Training Act;

(b) "Board" means the Alberta Apprenticeship and Industry Training

Board;

under

section 14 of the Act.

Replacement of documents

2 On receipt of an application, the Minister may replace any document

issued pursuant to the Act or the regulations if the Minister is satisfied

that there is a valid reason to replace the document.

PART 1 TRADES

Designation of Trades

Application re designation, change of designation, etc.

3 A person may, in a form that is acceptable to the Minister, apply to

the Minister to have

(

a) an occupation designated as

(

i) a compulsory certification trade under

section 21

of the Act, or

(ii) an optional certification trade under

section 22 of

the Act,

(

b) the designation of a designated trade changed or rescinded

under

section 30 of the Act.

Review by Board

4 On receiving an application under

section 3, the Minister shall refer

it to the Board for the Board's review.

Criteria for designation of trades

5 In reviewing applications for the designation, the changing of the

designation or the rescinding of the designation of a compulsory

certification trade and an optional certification trade, the Board shall

consider

(

a) the extent of industry support for the designation or the

changing or rescinding of the designation,

(

b) the need for an apprenticeship program in the proposed trade,

based on consideration of the following factors, if applicable:

(

i) the range of skills and the extent of technical

knowledge required to work in the proposed trade and industry's desire to

train for or recognize those skills and knowledge;

(ii) whether the proposed trade could provide

individuals with a viable career;

(iii) the degree to which the skills and technical

knowledge required for the proposed trade overlap with those required for

existing trades, including the potential for duplication of existing

training or certification in any other occupations;

(iv) whether the designation of the proposed trade would

require authorization or approval by another government department or

agency;

(

v) the impact that the designation or the changing or

rescinding of the designation would have in Alberta and other provinces and

territories;

(vi) whether the estimated annual number of new

apprentices entering the proposed trade could sustain a viable training

program,

and

(

c) any other factor that the Board considers relevant.

Additional criteria for designation of compulsory certification trades

6 In reviewing applications for the designation, the changing of the

designation or the rescinding of the designation of a compulsory

certification trade, the Board shall, in addition to considering the

criteria under

section 5, consider the following:

(

a) the degree of risk of harm to workers from the improper

application of the materials and methodology of the proposed trade;

(

b) the degree of risk of harm to members of the public from

(

i) the improper application of the materials and

methodology of the proposed trade, and

(ii) the activity or product produced by the proposed

trade;

(

c) the demonstrated need for proven competency to perform the work

of the proposed trade due to the presence or use in the proposed trade of

any or all of the following:

(

i) dangerous substances;

(ii) dangerous or destructive equipment;

(iii) dangerous techniques or practices.

Consultation and report

7(1) In reviewing applications for the designation, the changing of the

designation or the rescinding of the designation of a compulsory

certification trade or an optional certification trade, the Board or a

person designated by the Board may, or at the direction of the Minister,

shall

(

a) consult with anyone who may have an interest in or who may be

affected by the designation, the changing of the designation or the

rescinding of the designation of a designated trade, and

(

b) consult with

(

i) those provincial apprenticeship committees whose

trades may be affected by the designation, the changing of the designation

or the rescinding of the designation of a designated trade, and

(ii) a balance of employers and employees to determine

their interest and support.

(2) On completing its review under subsection (1), the Board shall make a

recommendation to the Minister respecting the application.

Provisional Committees

Establishment of provisional committee

8 When reviewing an application for the designation of an occupation as a

designated trade or before such a designation comes into effect, the Board

may, or at the direction of the Minister shall, establish a provisional

committee in respect of that trade.

Composition, etc. of provisional committee

9(1) Where a provisional committee is established, the Board shall appoint

to that committee the following:

(

a) a presiding officer;

(

b) at least one person to represent the interests of employers of

persons employed in the proposed designated trade;

(

c) at least one person to represent the interests of persons who

are employees employed in the proposed designated trade.

(2) The number of persons appointed under subsection (1)(

b) and (

c) must

be equal.

(3) The persons appointed under subsection (1) must, in the opinion of the

Board, be persons who are associated with and knowledgeable in respect of

the relevant proposed designated trade.

(4) When a provisional committee is established, the Minister shall

appoint an employee of the Government as the secretary to that provisional

committee.

(5) The provisional committee may designate one or more of its members to

act in the place of the presiding officer when the presiding officer is

absent or is otherwise unable to carry out the duties of the presiding

officer.

(6) Employees of the Government are not eligible to be or to act in the

place of a presiding officer of a provisional committee.

(7) Members of a provisional committee other than employees of the

Government may be paid one or both of the following at a rate prescribed by

the Minister:

(

a) remuneration for the performance of their duties as members;

(

b) travelling and living expenses necessarily incurred in the

performance of their duties as members.

Review by provisional committee

10 Where a provisional committee is established in respect of the

designation of an occupation as a designated trade, the provisional

committee shall make recommendations to the Board in respect of that

application, including advising the Board on the following matters:

(

a) the undertakings that would constitute the proposed designated

trade;

(

b) the tasks, activities and functions that would come within the

proposed designated trade;

(

c) the standards and requirements of a proposed apprenticeship

program;

(

d) the availability of people to serve on the apprenticeship

committees;

(

e) the potential for a continuing supply of apprentices;

(

f) the requirements that a person must meet to be granted a trade

certificate under

section 21(2)(

b) or 22(2)(

b) of the Act;

(

g) a program of transition.

Trades Committees

General criteria re committee appointments

11 In making appointments to a local apprenticeship committee under

section 7 of the Act or a provincial apprenticeship committee under

section

10 of the Act, the Board shall ensure that the membership of the committee

reflects

(

a) the various industrial activities in which the tasks,

activities and functions that come within the designated trade are

performed, and

(

b) the geographic nature of the area or of the Province, as

applicable.

Criterion re local appren-ticeship committee appointments

12 In making appointments to a local apprenticeship committee under

section 7 of the Act, the Board shall, to the extent that is practicable,

ensure that each person representing the interests of persons who are

employees employed in the designated trade holds a trade certificate in the

trade.

Criteria re provincial apprentice-ship committee appointments

13 In making appointments to a provincial apprenticeship committee under

section 10 of the Act, the Board shall, to the extent that is practicable,

ensure that

(

a) the persons recommended by the local apprenticeship committees

are appointed to the provincial apprenticeship committee,

(

b) at least one member of each local apprenticeship committee is

appointed to the provincial apprenticeship committee, and

(

c) each person representing the interests of persons who are

employees employed in the designated trade holds a trade certificate in the

trade.

Apprenticeship Training

Contract of apprentice-ship

14(1) Where a person enters into a contract of apprenticeship pursuant to

the Apprenticeship Program Regulation, that contract of apprenticeship must

be in a form that is acceptable to the Executive Director.

(2) A contract of apprenticeship does not come into effect until it is

registered with the Executive Director.

Registration of contracts of apprentice-ship

15 On registration of a contract of apprenticeship with the Executive

Director, the prospective apprentice becomes an apprentice.

Refusal to register

16(1) The Executive Director may refuse to register a contract of

apprenticeship if

(

a) the contract of apprenticeship is in a form that is not

acceptable to the Executive Director, or

(

b) the application made under the Apprenticeship Program

Regulation is not approved.

(2) Where the Executive Director refuses to register a contract of

apprenticeship, the Executive Director shall without delay notify in

writing the person who is to employ the prospective apprentice as an

apprentice and the prospective apprentice of

(

a) the refusal to register the contract of apprenticeship,

(

b) the reason for refusing to register the contract of

apprenticeship, and

(

c) the right of appeal provided for under

Part 4 of the Act.

Transfer of contract of apprentice-ship to Executive Director

17(1) Where

(

a) an apprentice is a party to a contract of apprenticeship with

another person, and

(

b) that other person is to cease being a party to that contract of

apprenticeship,

one or both of the parties to the contract of apprenticeship may sign a

written notice of release in a form that is acceptable to the Executive

Director.

(2) On the signing of a notice of release,

(

a) the person who was party to the contract of apprenticeship with

the apprentice ceases to be a party to the contract of apprenticeship, and

(

b) the Executive Director becomes a party to the contract of

apprenticeship with the apprentice.

(3) The person who signs the notice of release shall without delay provide

it to the Executive Director for registration.

(4) Where the Executive Director becomes a party to a contract of

apprenticeship by virtue of this section, the Executive Director is not

eligible to remain a party to that contract of apprenticeship for a

continuous period of time that is greater than one year from the time that

the Executive Director became a party to the contract of apprenticeship.

(5) Notwithstanding subsection (4), if the period of time referred to in

subsection (4) expires while the apprentice is engaged in technical

training under the apprentice's apprenticeship program, the Executive

Director shall continue to remain a party to that contract of

apprenticeship for a further period of time that is not greater than 30

days from the day that the technical training was completed.

(6) Where

(

a) the Executive Director is a party to a contract of

apprenticeship by virtue of this section, and

(

b) the Executive Director does not cease being a party to the

contract of apprenticeship before the expiry of the period of time for

which the Executive Director is eligible to be a party to the contract,

the contract of apprenticeship ends on the expiry of that period.

Contract of apprenticeship with Executive Director

18 Notwithstanding that the Executive Director is a party to a contract

of apprenticeship with an apprentice under this or any other regulation,

that relationship must not be construed, unless the Executive Director

otherwise agrees, to be a contract of employment with the Executive

Director, the Minister or the Government of Alberta.

Transfer of contract of apprenticeship to another person

19(1) Where

(

a) a notice of release is signed under

section 17(1), and

(

b) another person is to replace the Executive Director as a party

to the contract of apprenticeship with the apprentice,

that other person shall without delay provide to the Executive Director a

written notice of acceptance in a form that is acceptable to the Executive

Director.

(2) On receiving a notice of acceptance, the Executive Director shall,

subject to

section 20, register its contents.

(3) On registration of the notice of acceptance with the Executive

Director,

(

a) the person who provided the notice of acceptance becomes a

party to the contract of apprenticeship with the apprentice, and

(

b) the Executive Director ceases to be a party to the contract of

apprenticeship.

Refusal to register a notice of acceptance

20(1) The Executive Director may refuse to register a notice of acceptance

(

a) the notice of acceptance is in a form that is not acceptable to

the Executive Director, or

(

b) the person to whom the contract of apprenticeship is to be

transferred is not eligible to employ an apprentice in the trade.

(2) Where the Executive Director refuses to register a notice of

acceptance, the Executive Director shall without delay notify in writing

the person who signed the notice of acceptance and the apprentice of

(

a) the refusal to register the notice of acceptance,

(

b) the reason for refusing to register the notice of acceptance,

and

(

c) the right of appeal provided for under

Part 4 of the Act.

(3) For the purposes of an appeal under

Part 4 of the Act, a refusal to

refusal to register a contract of apprenticeship.

Ending of contract of apprentice-ship

21 A contract of apprenticeship ends

(

a) when the apprentice becomes eligible to be granted a trade

certificate under the Act,

(

b) when the apprentice notifies the Executive Director in writing

that the apprentice's contract of apprenticeship has ended,

(

c) when the contract of apprenticeship ends under

section 17(6),

(

d) when its registration is cancelled, or

(e) 180 days from the day that its registration is suspended if the

registration is not cancelled before the expiry of the 180-day period.

Cancellation, suspension re contract of apprentice-ship

22 In addition to the grounds provided for under

section 39, 40 or 41 of

the Act, the Executive Director may cancel or suspend the registration of a

contract of apprenticeship if

(

a) the contract of apprenticeship ends,

(

b) an apprentice, in the opinion of the Executive Director,

consistently fails to pass the examinations given under the apprenticeship

program,

(

c) an apprentice, in the opinion of the Executive Director, fails

to progress in the apprenticeship program,

(

d) the apprentice ceases to work in or perform the tasks,

activities or functions in the designated trade or to participate in the

apprenticeship program in that trade, or

(

e) the apprentice can no longer be located.

Provision of courses and programs

23 The Executive Director shall arrange for the provision of the

technical training that is to be provided in each apprenticeship program.

Authorization to Work

Matters to be considered

24 Before deciding whether to grant an authorization under

section 23 of

the Act, the Executive Director shall consider at least the following

matters:

(

a) the degree of risk to the public, the worker and co-workers

resulting from work that will be carried out or tasks, activities or

functions that will be performed pursuant to the authorization;

(

b) whether persons working in the designated trade or performing

the tasks, activities or functions in that trade under the authorization

have, or will have, sufficient training

(

i) to ensure proper and safe handling or application

of the dangerous substances, destructive equipment or dangerous techniques

or practices that the person will use, and

(ii) to maintain a standard of quality and skill that is

satisfactory to the Executive Director;

(

c) the potential benefit, as the case may be,

(

i) to persons authorized to work or perform tasks,

activities or functions under the authorization, or

(ii) to persons authorized to employ persons to work or

perform tasks, activities or functions under the authorization;

(

d) whether the work or the tasks, activities or functions to be

performed under the authorization relate to the carrying out of warranty

work;

(

e) the rationale for not employing an apprentice or the holder of

a trade certificate in the designated trade;

(

f) the potential effect on the designated trade and on

participation in the apprenticeship program in that trade by the granting

of the authorization;

(

g) the period of time during which the authorization is to be in

effect;

(

h) whether any efforts are being made or will be made to bring

persons who are to work or perform tasks, activities or functions under the

authorization into an apprenticeship program within a specified period of

time;

(

i) any consultation that has taken place between employee or

employer groups that will be affected by the authorization;

(

j) whether an industrial dispute is in progress that relates to

the work or the tasks, activities or functions that are to be performed

under the authorization;

(

k) the effect on the operation, productivity and economics of a

plant or business operation by the granting of or the refusal to grant the

authorization;

(

l) the economic effect on the Province and competitors in the

industry by the granting of or the refusal to grant the authorization.

PART 2 DESIGNATED OCCUPATIONS

Application re designation or rescinding designation

25 A person may, in a form that is acceptable to the Minister, apply to

the Minister to have

(

a) an occupation designated as a designated occupation under

section 36 of the Act, or

(

b) the designation of a designated occupation rescinded under a

regulation made under

section 37(1)(

c) of the Act.

Review by Board

26 On receiving an application under

section 25, the Minister shall refer

it to the Board for the Board's review.

Criteria for designation of occupations

27 In reviewing applications for the designation or the rescinding of the

designation of an occupation, the Board shall consider the following:

(

a) the extent of industry support for provincially recognized

standards of competency;

(

b) whether provincially recognized standards of competency result

in a demonstrated benefit to workers and the Alberta workforce;

(

c) the range of skills and knowledge required to be competent in

the occupation;

(

d) the degree to which the tasks of the occupation overlap with

the tasks of any existing designated trade or occupation;

(

e) the impact that the designation or the rescinding of the

designation would have in Alberta and other provinces and territories;

(

f) whether the proposed designated occupation could provide a

viable career for its practitioners;

(

g) any other factor that the Board considers relevant.

Consultation and report

28(1) In reviewing applications for the designation or the rescinding of

the designation of an occupation, the Board or a person designated by the

Board may, or at the direction of the Minister, shall

(

a) consult with anyone who may have an interest in or who may be

affected by the designation or the rescinding of the designation of an

occupation, and

(

b) consult with

(

i) those provincial apprenticeship committees whose

trades may be affected by the designation or the rescinding of the

designation of an occupation, and

(ii) a balance of employers and employees to determine

their interest and support.

(2) On completing its review under subsection (1), the Board shall make a

recommendation to the Minister respecting the application.

Provisional committees

29(1) When reviewing an application for the designation of an occupation

as a designated occupation or before such a designation comes into effect,

the Board may, or at the direction of the Minister shall, establish or

recognize a provisional committee in respect of that occupation.

(2) Where a provisional committee is established or recognized in respect

of the designation of an occupation as a designated occupation, the

provisional committee shall make recommendations to the Board in respect of

that application.

Occupational committees

30 The Board may, for each designated occupation, establish or recognize

an occupational committee to make recommendations to the Board in respect

of any matter concerning training and certification in a designated

occupation.

Remuneration and expenses

31 Members of a provisional committee or an occupational committee under

this Part, other than employees of the Government, may be paid one or both

of the following at a rate prescribed by the Minister:

(

a) remuneration for the performance of their duties as members;

(

b) travelling and living expenses necessarily incurred in the

performance of their duties as members.

PART 3 REPEALS, EXPIRY AND COMING INTO FORCE

Repeals

32 The following regulations are repealed:

(

a) Apprenticeship Training Regulation (AR 2/92);

(

b) Authorization to Work Regulation (AR 390/91);

(

c) Designated Occupation Administration Regulation (AR 391/91);

(

d) Designation of Trades and Occupations Regulation (AR 387/91);

(

e) Trades Committees Appointment Regulation (AR 392/91).

Expiry

33 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 October 31, 2005.

Coming into force

34 This Regulation comes into force on January 1, 2001.

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

Alberta Regulation 258/2000

Apprenticeship and industry Training Act

APPRENTICESHIP PROGRAM REGULATION

Filed: December 14, 2000

Made by the Alberta Apprenticeship and Industry Training Board on December

8, 2000 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Learning on December 12, 2000.

Definitions 1

Alberta Journeyman Certificate 2

Content of an apprenticeship program 3

Term of apprenticeship 4

Requirements to become an apprentice 5

Requirements of employer re compulsory certification trade 6

Requirements of employer re optional certification trade 7

Application for apprenticeship 8

Apprenticeship re Executive Director 9

Apprenticeship re self-employment 10

Employee's responsibilities re granting of credit 11

Responsibilities of an employer 12

Wages 13

Wages re approved programs 14

Employment of apprentices 15

Supervision and training 16

Entries in record book 17

Responsibilities of an apprentice 18

Resolution of disagreement 19

Repeal 20

Expiry 21

Coming into force 22

Definitions

1 In this Regulation,

(a) "Act" means the Apprenticeship and Industry Training Act;

(b) "Board" means the Alberta Apprenticeship and Industry Training

Board;

certificate under the Act;

(d) "Executive Director" means the Executive Director appointed

under the Act;

(e) "on the job training" means the training provided to an

apprentice by the apprentice's employer or supervisor and includes those

circumstances under which an apprentice acquires skill and knowledge by

means of work experience gained during the apprentice's apprenticeship

program;

(f) "record book" means a record book issued in respect of an

apprenticeship program in which the progress of an apprentice is to be

documented and includes the material or documentation known as the "blue

book";

(g) "supervisor" means,

(

i) in the case of a compulsory certification trade, a

person who is

(

A) a certified journeyman in that

compulsory certification trade, or

(

B) a certified journeyman or an

uncertified journeyman in another designated trade where the task, activity

or function that is being carried out by an apprentice in that compulsory

certification trade is the same task, activity or function that is also

carried out by a certified journeyman or uncertified journeyman in that

other designated trade;

(ii) in the case of an optional certification trade, a

person who is

(

A) a certified journeyman or an

uncertified journeyman in that optional certification trade, or

(

B) a certified journeyman or an

uncertified journeyman in another designated trade where the task, activity

or function that is being carried out by an apprentice in that optional

certification trade is the same task, activity or function that is also

carried out by a certified journeyman or uncertified journeyman in that

other designated trade;

(h) "technical training" means the formal instruction and technical

courses, or any combination of them, that are part of an apprenticeship

program;

(i) "trade regulation" means, in respect of a designated trade, the

regulation under the Act that prescribes the undertakings and the tasks,

activities and functions that come within that designated trade;

(j) "uncertified journeyman" means a person who is not a certified

journeyman but

(

i) who, in the opinion of that person's employer,

possesses the skills and knowledge in an optional certification trade that

are expected of a certified journeyman in that trade, or

(ii) who

(

A) is self-employed, and

(

B) in respect of that self-employment

primarily works in or performs one or more tasks, activities or functions

in an optional certification trade.

Alberta Journeyman Certificate

2 Prior to a person being granted a trade certificate known as an Alberta

Journeyman Certificate in a designated trade, that person must successfully

complete an apprenticeship program in that trade.

Content of an apprenticeship program

3(1) An apprenticeship program in a designated trade consists of the

technical training and the on the job training provided for under the

applicable trade regulation.

(2) The content of the technical training and of the on the job training

of an apprenticeship program consists of those matters approved by the

Board after consulting with the applicable provincial apprenticeship

committee.

Term of apprenticeship

4(1) The term of an apprenticeship program consists of the number of

periods that are prescribed for that program by the applicable trade

regulation.

(2) The length of each period of an apprenticeship program is the length

of time that is set out in the applicable trade regulation during which the

prescribed number of hours of on the job training and the required

technical training are to be completed.

Requirements to become an apprentice

5 To be an apprentice a person and that person's employer must have

entered a contract of apprenticeship that is registered with the Executive

Director under the Apprenticeship and Industry Training Administration

Regulation.

Requirements of employer re compulsory certification trade

6 A person shall not employ an apprentice in a compulsory certification

trade, unless

(

a) that person is a certified journeyman or employs a certified

journeyman in that trade, and

(

b) subject to

section 16, that person is able to provide to the

apprentice supervision and training in the tasks, activities and functions

that are carried out in that trade.

Requirements of employer re optional certification trade

7 A person shall not employ an apprentice in an optional certification

trade, unless

(

a) that person

(

i) is a certified journeyman or employs a certified

journeyman in that trade, or

(ii) is an uncertified journeyman or employs an

uncertified journeyman in that trade,

and

(

b) subject to

section 16, that person is able to provide to the

apprentice supervision and training in the tasks, activities and functions

that are carried out in that trade.

Application for apprenticeship

8(1) If a person is working in a designated trade in circumstances under

which that person

(

a) is receiving training, instruction, guidance or direction, or

(

b) is engaging in some other form of a learning process not

referred to in clause (

a) with respect to the carrying out of tasks, activities or functions in that

trade, that person and that person's employer must without delay apply to

the Executive Director to enter an apprenticeship program in that trade and

pursuant to that application enter into a contract of apprenticeship.

(2) During the time that a person is working in a designated trade

pursuant to a subsisting application made under subsection (1), that person

is to work under the same conditions and be subject to the same supervision

as that of an apprentice in that trade.

(3) This

section does not apply in those circumstances where a person who

is carrying out work in a designated trade is doing so in accordance with

Part 2, Division 1 of the Act.

Apprentice-ship re Executive Director

9(1) Where

(

a) a prospective apprentice is eligible to be granted or has been

granted credit for previous training or experience,

(

b) the prospective apprentice is unemployed, and

(

c) in the opinion of the Executive Director, entering into a

contract of apprenticeship between the Executive Director and the

prospective apprentice will be of benefit to the prospective apprentice,

the Executive Director may at the request of the prospective apprentice

enter into a contract of apprenticeship with the prospective apprentice.

(2) A contract of apprenticeship that is entered into under subsection

(1) may not remain in force for more than one year from the day that the

contract of apprenticeship is entered into unless within that year the

contract of apprenticeship is transferred from the Executive Director to a

person who is eligible to employ an apprentice.

Apprenticeship re self- employment

10 Notwithstanding

section 8, where

(

a) a prospective apprentice is self-employed, and

(

b) the prospective apprentice's self-employment primarily involves

working in or performing tasks, activities or functions in an optional

certification trade,

the prospective apprentice may, with respect to that optional certification

trade, enter into a contract of apprenticeship with another person if the

prospective apprentice has made arrangements for supervision and training

under

section 16.

Employee's responsibilities re granting of credit

11(1) Where a person who is an apprentice or a prospective apprentice

advises that person's employer that the person has had previous experience

with respect to tasks, activities or functions in a designated trade, it is

the responsibility of the employer to recommend to the Executive Director

that credit for some or all of the previous experience be granted to that

person if

(

a) the employer is satisfied that the person has had previous

experience in respect of tasks, activities or functions that are carried

out in that trade, and

(

b) in the opinion of the employer, that person is able to carry

out those tasks, activities or functions in a satisfactory manner.

(2) If

(

a) at a time that a person is granted credit for previous

experience that person is not working in a designated trade,

(

b) subsequent to the granting of credit for the previous

experience, that person became employed to work as an apprentice in the

designated trade,

(

c) the apprentice's employer is of the opinion that the amount of

credit that was granted for the previous experience is greater than the

apprentice's skills actually warrant, and

(

d) the employer referred in clause (

c) is the first person to

employ the apprentice to work in the designated trade subsequent to the

credit being granted for the previous experience,

it is the responsibility of that employer to advise the Executive Director

that the amount of credit granted to that person for the previous

experience should be reduced to an amount that the employer considers

appropriate.

Responsibili-ties of an employer

12 It is the responsibility of a person who employs one or more

apprentices in a designated trade to do the following with respect to each

apprentice:

(

a) to provide for on the job training for the apprentice in those

tasks, activities and functions in that trade that are carried out by the

person employing the apprentice;

(

b) to ensure supervision of the apprentice as required by

section

16;

(

c) to pay wages to the apprentice in accordance with

section 13;

(

d) to enable the apprentice to regularly attend the technical

training that is required under the apprentice's apprenticeship program;

(

e) to ensure that the appropriate entries are made in an

apprentice's record book;

(

f) to submit to the Executive Director the forms and other

documents that are required by the Executive Director.

Wages

13(1) Where a trade regulation prescribes the percentage of wages to be

paid to apprentices in a trade, a person employing an apprentice in that

trade must, subject to the Employment Standards Code,

(

a) pay wages to the apprentice at a rate that is not less than the

percentage prescribed by the trade regulation, and

(

b) ensure that the apprentice is paid the required increment

commencing on the date that the apprentice has completed the requirements

for the previous period of apprenticeship.

(2) Nothing in this Regulation is to be construed so as to require a

person to pay wages or prohibit a person from paying wages to an apprentice

during the period of time that the apprentice is attending the technical

training.

Wages re approved programs

14(1) In this section, "approved program" means a program approved by the

Board under which persons are provided with an opportunity to engage in

apprenticeship programs who may not otherwise have an opportunity or be

able to engage in an apprenticeship program.

(2) Notwithstanding sections 12(

c) and 13 but subject to the Employment

Standards Code, where an apprentice is employed in a designated trade under

an approved program, an employer employing that apprentice may, while the

apprentice is participating in the approved program, pay to that apprentice

wages at a rate approved by the Board that are less than the rate provided

for under the applicable trade regulation.

Employment of apprentices

15(1) Except where the applicable trade regulation does not provide for

the number of apprentices that may be employed by a person in a designated

trade, the number of apprentices that a person may employ in a designated

trade is that number as determined in accordance with the applicable trade

regulation.

(2) Where

(

a) a person who is a certified journeyman or an uncertified

journeyman or who employs a certified journeyman or an uncertified

journeyman in a designated trade is eligible to employ an apprentice in the

trade, and

(

b) the number of additional apprentices that the person may employ

is based on the number of additional certified journeymen or uncertified

journeymen employed by that person,

that person, in determining the number of additional apprentices that may

be employed, is to take into account only those certified journeymen or

uncertified journeymen who will be providing supervision with respect to

the work of the apprentices.

(3) Notwithstanding subsections (1) and (2), if

(

a) a person carries on business in respect of which the person

must use the services of, as the case may be, a certified journeyman or an

uncertified journeyman in a designated trade,

(

b) at a location at which the person carries on that business

there is an insufficient number of, as the case may be, certified

journeymen or uncertified journeymen in that trade to provide those

services, and

(

c) due to that lack of a sufficient number of certified journeymen

or uncertified journeymen in the trade the person is unable to carry out

the work to which the person is committed,

the Executive Director may, subject to any conditions that the Executive

Director considers appropriate, permit the person to employ, in addition to

the number of apprentices authorized under the applicable trade regulation,

extra apprentices so as to enable the person to carry out the work to which

the person is committed.

(4) A person shall not employ an apprentice except in accordance with the

applicable trade regulation and this Regulation.

Supervision and training

16 In order for a person to be able to provide to an apprentice the

supervision and training for the purposes of this or an applicable trade

regulation,

(

a) the supervision must be provided by a supervisor who

(

i) is the employer of the apprentice,

(ii) is an employee of the employer of the apprentice,

(iii) if not employed by the employer of the apprentice,

is a person with whom that employer has made arrangements for the

supervision of the apprentice,

(

b) the supervision must, to the satisfaction of the Executive

Director, be of such a nature that

(

i) the apprentice being supervised has access to the

supervisor and is able to communicate with the supervisor in respect of the

task, activity or function being supervised, and

(ii) the supervision provided to the apprentice by the

supervisor is sufficient so that the supervisor supplies to the apprentice

the technical information, knowledge and guidance that is necessary for the

apprentice to develop skills in the task, activity or function that is

being supervised to a standard of skill and competence that is expected of

a journeyman in the trade or of a person who has reached the apprentice's

level in the apprenticeship program, as the case may be,

and

(

c) the training must, to the satisfaction of the Executive

Director, be provided to the apprentice in such a manner that the

apprentice is able to

(

i) acquire the technical information and knowledge,

and

(ii) develop the skills

in the tasks, activities and functions that are expected of a

journeyman in the trade or of a person who has reached the apprentice's

level in the apprenticeship program, as the case may be.

Entries in record book

17 To the extent possible in the circumstances, the apprentice's direct

supervisor is to make the appropriate entries in the apprentice's record

book

(

a) on the completion by the apprentice of each period of the

apprenticeship program;

(

b) in the case where the apprentice's contract of apprenticeship

is transferred, at the time of the transfer;

(

c) in the case where the supervision has been provided by someone

other than the apprentice's employer or an employee of the apprentice's

employer, on completion of the training in the tasks, activities and

functions for the trade.

Responsibil-ities of an apprentice

18 It is the responsibility of an apprentice to do the following:

(

a) to complete the required on the job training in the tasks,

activities and functions for the trade as assigned by the person employing

the apprentice;

(

b) to meet any additional training requirements relating to the

trade that the person employing the apprentice or the applicable local

apprenticeship committee or, where there is not a local apprenticeship

committee, the applicable provincial apprenticeship committee considers

appropriate;

(

c) to attend regularly the technical training that is required in

order for the contract of apprenticeship to be completed;

(

d) to plan for and make any necessary arrangements to meet

financial needs while attending the technical training;

(

e) to acquire the text books and other supplies that are required

for the apprentice to engage in the technical training;

(

f) to successfully complete in a timely manner all requirements

required pursuant to the technical training and all the examinations

required by the Board;

(

g) to successfully complete the term of apprenticeship;

(

h) to review with the apprentice's direct supervisor, at the

completion of each period of apprenticeship, the hours worked and the on

the job training completed during that period;

(

i) to ensure that the apprentice's record book is kept up to date;

(

j) to send the apprentice's record book, or otherwise ensure that

it is sent, to the Executive Director on the successful completion of each

period of the apprentice's apprenticeship program;

(

k) to complete the documentation required to transfer the contract

of apprenticeship should the apprentice become unemployed or employed by

another person;

(

l) to immediately notify the Executive Director of any change in

address or in employment;

(

m) to carry the apprentice's identification card at all times

while at work and to produce it on request.

Resolution of disagreement

19(1) Where a disagreement arises between an employer and an employee in

respect of an apprenticeship program or a contract of apprenticeship and

the parties to the disagreement are unable to settle the matter, both or

either of the parties may refer the matter to the presiding officer of the

applicable local apprenticeship committee for settlement.

(2) Notwithstanding subsection (1), in the event that a local

apprenticeship committee does not exist to which a disagreement may be

referred under subsection (1), both or either of the parties to the

disagreement may refer the matter to the presiding officer of the

applicable provincial apprenticeship committee for settlement.

(3) If the presiding officer of the local apprenticeship committee is

unable to effect a settlement of the matter,

(

a) the presiding officer of the local apprenticeship committee, or

(

b) both or either of the parties to the disagreement,

may refer the matter to the presiding officer of the applicable provincial

apprenticeship committee for settlement.

(4) If a matter is referred to the presiding officer of a provincial

apprenticeship committee under subsection (2) or (3) and the presiding

officer is unable to effect a settlement of the matter,

(

a) the presiding officer of the provincial apprenticeship

committee, or

(

b) both or either of the parties to the disagreement,

may refer the matter to the presiding officer of the Board for settlement.

(5) Where the presiding officer of the Board renders a decision on a

matter referred to the presiding officer under subsection (4), the decision

is binding on the parties to the disagreement.

(6) Where the subject-matter of the disagreement or the contents of the

decision of the presiding officer of the Board is a matter that may be

appealed under

Part 4 of the Act, an appeal of that matter under

Part 4 of

the Act is not to be commenced until the process provided for by

subsections (1) to (4) of this

section is completed and the presiding

officer of the Board has rendered a decision.

(7) For the purposes of

Part 4 of the Act, the 30-day appeal period

commences on the day after the day that the decision of the presiding

officer of the Board is served on the party wishing to appeal that

decision.

(8) Where a matter is referred to a presiding officer under subsection

(1), (2), (3) or (4), the following apply:

(

a) the presiding officer must, unless the parties to the

disagreement otherwise agree, convene one or more meetings between the

parties and the presiding officer for the purpose of resolving the

disagreement;

(

b) with the consent of the parties to a disagreement, a meeting

convened under clause (

a) may be conducted by means of electronic

communications equipment if that equipment enables all the persons

attending the meeting to communicate with each other;

(

c) the presiding officer may proceed to review the matter and

consider representations made, if any, notwithstanding that a party to the

disagreement fails to attend a meeting convened under clause (a);

(

d) the presiding officer must commence the review of the matter

within 21 days from the day that the matter was referred to the presiding

officer;

(

e) if a matter referred to the presiding officer of a committee is

not resolved within 45 days from the day that the matter was referred to

the presiding officer, the matter may be treated by the presiding officer

or a party to the disagreement as if the presiding officer was unable to

effect a settlement of the matter;

(

f) for the purposes of subsection (6), if the presiding officer of

the Board does not render a decision within 45 days from the day the matter

was referred to the presiding officer, a party to the disagreement may

proceed as if the process provided for by subsections (1) to (4) had been

completed and a decision had been rendered;

(

g) the presiding officer of the local apprenticeship committee may

authorize a member of that committee to act under this

section in the place

of the presiding officer;

(

h) the presiding officer of the provincial apprenticeship

committee may authorize a member of that committee to act under this

section in the place of the presiding officer;

(

i) the presiding officer of the Board may authorize a member of

the Board to act under this

section in place of the presiding officer.

Repeal

20 The Apprenticeship Program and Certification Regulation (AR 1/92) is

repealed.

Expiry

21 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 October 31, 2005.

Coming into force

22 This Regulation comes into force on January 1, 2001.

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

Alberta Regulation 259/2000

Apprenticeship and Industry Training Act

AGRICULTURAL MECHANIC TRADE REGULATION

Filed: December 14, 2000

Made by the Alberta Apprenticeship and Industry Training Board on November

28, 2000 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Learning on December 12, 2000.

Definitions 1

General Matters Respecting the Trade

Constitution of the trade 2

Tasks, activities and functions 3

Apprenticeship

Term of the apprenticeship program 4

Employment of apprentices 5

Wages 6

Transitional Provisions, Repeals,

Expiry and Coming into Force

Apprenticeship continues 7

Repeal 8

Expiry 9

Coming into force 10

Definitions

1 In this Regulation,

(a) "agricultural equipment" means any self-propelled, towed or

stationary agricultural machinery used in farming, including any equipment

and components required for the operation of the machinery and without

limiting the generality of the foregoing includes

(

i) internal combustion engines and components, both

stationary and mobile;

(ii) rubber tired and rubber or steel tracked towing

equipment, commonly called tractors;

(iii) towed primary and secondary tillage equipment

commonly called ploughs (mouldboard, disk, chisel) and cultivators;

(iv) towed and self-propelled equipment commonly called

seeders, inclusive of all crops;

(

v) towed or self-propelled equipment commonly called

sprayers, broadcasters or balers;

(vi) towed and self-propelled harvesting equipment

commonly called swathers or windrowers;

(vii) towed and self-propelled harvesting equipment

commonly called combines or forage harvesters;

(viii) miscellaneous equipment and components

required in the production, distribution and transportation of farm

produce;

(b) "apprentice" means a person who is an apprentice in the trade;

in the Apprenticeship Program Regulation;

(d) "technical training" means technical training as defined in the

Apprenticeship Program Regulation;

(e) "trade" means the trade of agricultural mechanic that is

designated as an optional certification trade pursuant to the

Apprenticeship and Industry Training Act;

(f) "uncertified journeyman" means an uncertified journeyman as

defined in the Apprenticeship Program Regulation.

General Matters Respecting the Trade

Constitution of the trade

2 The undertakings that constitute the trade are the repair, maintenance

and servicing of agricultural equipment, and without limiting the

generality of the foregoing include the repair, maintenance and servicing

of the following:

(

a) internal combustion engines and components;

(

b) power trains;

(

c) electrical and electronic systems;

(

d) hydraulic systems;

(

e) steering systems;

(

f) braking systems;

(

g) wheels and tracked undercarriages;

(

h) heating and air conditioning;

(

i) soil preparation systems;

(

j) harvesting systems;

(

k) spraying systems;

(

l) grain handling equipment;

(

m) miscellaneous equipment and systems used in the production,

distribution and transportation of farm produce.

Tasks, activities and functions

3 When practising or otherwise carrying out work in the trade, the

following tasks, activities and functions come within the trade:

(

a) with respect to gasoline and diesel internal combustion 2 and 4

stroke cycle engines,

(

i) inspecting and testing engines and components

before and after repair using a variety of hand and power tools and

measuring and testing equipment;

(ii) inspecting, testing, repairing and replacing

components of

(

A) liquid cooling systems;

(

B) air cooling filters or screening

systems;

(

C) engine lubrication systems;

(

D) gasoline engine fuel systems;

(

E) diesel engine fuel systems;

(

F) air-induction systems on diesel

engines;

(iii) inspecting, adjusting and replacing gasoline engine

ignition components;

(iv) inspecting, testing, adjusting, repairing and

replacing elements of engine governor systems;

(

v) inspecting and replacing elements of engine exhaust

systems;

(vi) dismantling, repairing, replacing and reassembling

damaged or worn components of cylinder heads;

(vii) dismantling, cleaning, inspecting, rebuilding and

reassembling the various types of cylinder block assemblies;

(

b) with respect to engine starting systems, inspecting, testing,

replacing and repairing components of electric starter circuits;

(

c) with respect to electrical systems,

(

i) inspecting, testing, servicing and replacing

storage batteries;

(ii) testing, rebuilding, adjusting and replacing

components of electrical charging systems;

(iii) testing, overhauling, adjusting and replacing

components of lighting, warning and safety electrical systems;

(

d) with respect to clutches, hydraulic couplings, transmissions

and transfer cases,

(

i) inspecting

(

A) clutches and components;

(

B) components of hydraulic couplings;

(

C) components of manual shift

transmissions;

(

D) automatic gear change transmissions;

(

E) single and multiple speed transfer

cases;

(ii) adjusting or replacing

(

A) clutches and components;

(

B) components of hydraulic couplings;

(

C) components of manual shift

transmissions;

(

D) automatic gear change transmissions;

(iii) repairing clutches and components;

(iv) rebuilding

(

A) components of manual shift

transmissions;

(

B) automatic gear change transmissions;

(

C) single and multiple speed transfer

cases;

(

D) power shift transmissions;

(

v) installing single and multiple speed transfer

cases;

(

e) with respect to drivelines, rear and front axle assemblies and

differential and final drives,

(

i) inspecting and replacing

(

A) drive shafts and universal joints and

components;

(

B) components of front and rear

differentials;

(

C) components of front and rear axles and

final drives;

(

D) tires, wheels and components;

(ii) adjusting components of front and rear

differentials;

(iii) adjusting components of front and rear axles and

final drives;

(

f) with respect to steering systems,

(

i) inspecting components of

(

A) manually operated steering systems;

(

B) hydraulic and electrically assisted

steering systems;

(

C) controlled differential (pivot) and

articulated steering;

(ii) reconditioning and replacing components of manually

operated steering systems;

(iii) testing, repairing, adjusting and replacing

components of hydraulic and electrically assisted steering systems;

(iv) testing, repairing, replacing and adjusting

components of controlled differential (pivot) and articulated steering;

(

g) with respect to braking systems and power take-offs,

(

i) inspecting, replacing, repairing and adjusting

components of

(

A) mechanical braking systems;

(

B) vehicle hydraulic braking systems;

(

C) air and electric braking systems;

(ii) testing components of mechanical braking systems;

(iii) rekitting components of vehicle hydraulic braking

systems;

(iv) repairing and replacing power take-offs;

(

h) with respect to cabs, canopies and cab heating systems and air

conditioning systems,

(

i) inspecting, repairing, replacing installing and

adjusting components of

(

A) cabs or canopies;

(

B) cab heating systems;

(ii) inspecting, repairing, replacing, and adjusting

components of cab air conditioning systems;

(

i) operating tow trucks and related recovery equipment to assist

in repair or moving equipment to a location where repairs can be performed;

(

j) with respect to agricultural equipment,

(

i) inspecting, repairing and replacing components of

(

A) ploughs;

(

B) spreaders;

(

C) harrows;

(

D) potato planters and grain drills;

(

E) sprayers;

(

F) grain and pea combines;

(

G) potato harvesters;

(

H) balers;

(

I) forage harvesters;

(ii) adjusting and aligning components of

(

A) ploughs;

(

B) spreaders;

(

C) harrows;

(

D) potato planters and grain drills;

(

E) sprayers;

(

F) grain and pea combines;

(

G) potato harvesters;

(

H) balers and haying equipment;

(

I) forage harvesters;

(iii) testing, removing, rekitting and rebuilding

components of grain and pea combines;

(iv) testing, removing and rekitting components of

potato harvesters.

Apprenticeship

Term of the apprenticeship program

4(1) Subject to credit for previous training or experience being granted

pursuant to an order of the Board, the term of an apprenticeship program

for the trade is 2 periods of not less than 12 months each.

(2) In the first period of the apprenticeship program an apprentice must

acquire not less than 1500 hours of on the job training and successfully

complete the technical training that is required or approved by the Board.

(3) In the 2nd period of the apprenticeship program an apprentice must

acquire not less than 1500 hours of on the job training and successfully

complete the technical training that is required or approved by the Board.

Employment of apprentices

5(1) Where a person employs an apprentice, that employment must be carried

out in accordance with this section.

(2) A person who is a certified journeyman or an uncertified journeyman in

the trade or employs a certified journeyman or an uncertified journeyman in

the trade may employ one apprentice and one additional apprentice for each

additional certified journeyman or uncertified journeyman in the trade that

is employed by that person.

Wages

6(1) Subject to the Apprenticeship Program Regulation, a person shall not

pay wages to an apprentice that are less than those provided for under

subsection (2).

(2) Subject to the Employment Standards Code, a person employing an

apprentice must pay wages to the apprentice that are at least equal to the

following percentages of the wages paid to employees who are certified

journeymen or uncertified journeymen in the trade:

(a) 60% in the first period of the apprenticeship program;

(b) 70% in the 2nd period of the apprenticeship program.

Transitional Provisions, Repeals,

Expiry and Coming into Force

Apprenticeship continues

7 A person who immediately prior to January 1, 2001 was an apprentice in

an apprenticeship program under the Agricultural Mechanic Trade Regulation

(AR 18/95) continues as an apprentice in that apprenticeship program under

this Regulation.

Repeal

8 The Agricultural Mechanic Trade Regulation (AR 18/95) is repealed.

Expiry

9 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 August 31, 2004.

Coming into force

10 This Regulation comes into force on January 1, 2001.

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

Alberta Regulation 260/2000

Apprenticeship and Industry Training Act

APPLIANCE SERVICE TECHNICIAN TRADE REGULATION

Filed: December 14, 2000

Made by the Alberta Apprenticeship and Industry Training Board on November

28, 2000 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Learning on December 12, 2000.

Definitions 1

General Matters Respecting the Trade

Constitution of the trade 2

Tasks, activities and functions 3

Apprenticeship

Term of the apprenticeship program 4

Employment of apprentices 5

Wages 6

Transitional Provisions, Repeals,

Expiry and Coming into Force

Apprenticeship continues 7

Repeal 8

Expiry 9

Coming into force 10

Definitions

1 In this Regulation,

(a) "appliance" means a device or machine operated by electricity

or gas that is designed and used or intended to be used for

(

i) the cooling of food or of a space,

(ii) the cooking or baking of food,

(iii) the washing or drying of dishes, utensils and

cooking and baking equipment,

(iv) the washing or drying of clothes,

(

v) the disposal of garbage, or

(vi) the making of ice,

and without limiting the generality of the foregoing includes

the following:

(vii) electric and gas ranges;

(viii) hood fans;

(ix) microwave ovens;

(

x) electric and gas refrigerators;

(xi) ice makers;

(xii) electric and gas freezers;

(xiii) dishwashers;

(xiv) waste compactors and waste disposers;

(xv) clothes washers;

(xvi) electric and gas clothes dryers;

(xvii) air conditioners;

(xviii) electronic air filters;

(xix) electric hot water heaters;

(xx) humidifiers and dehumidifiers;

(b) "apprentice" means a person who is an apprentice in the trade;

in the Apprenticeship Program Regulation;

(d) "technical training" means technical training as defined in the

Apprenticeship Program Regulation;

(e) "trade" means the occupation of appliance service technician

that is designated as a compulsory certification trade pursuant to the

Apprenticeship and Industry Training Act.

General Matters Respecting the Trade

Constitution of the trade

2(1) The following undertakings constitute the trade:

(

a) the installation of appliances other than the initial

installation of appliances governed by electrical, gas and plumbing codes

and regulations;

(

b) the service, maintenance and repair of appliances;

(

c) the installation, removal, repair and replacement of parts and

components in appliances;

(

d) the diagnoses of problems relating to appliances.

(2) Notwithstanding subsection (1), the installation, maintenance,

service, alteration and repair of refrigerators, freezers, ice makers,

dehumidifiers and air conditioners that are manufactured for commercial use

are undertakings that do not constitute the trade.

Tasks, activities and functions

3 When practising or otherwise carrying out work in the trade, the

following tasks, activities and functions come within the trade:

(

a) using hand tools, power tools and refrigeration tools while

working on appliances;

(

b) using in relation to appliances, electrical and other measuring

and testing devices;

(

c) soldering and brazing on or in relation to appliances;

(

d) wiring or installing or removing wiring in appliances;

(

e) installing, removing or repairing hoses and piping in

appliances;

(

f) splicing similar and dissimilar metals used in or in relation

to appliances;

(

g) installing and removing gases and liquids used in appliances.

Apprenticeship

Term of apprenticeship program

4(1) Subject to credit for previous training or experience being granted

pursuant to an order of the Board, the term of an apprenticeship program

for the trade is 3 periods of not less than 12 months each.

(2) In the first period of the apprenticeship program an apprentice must

acquire not less than 1600 hours of on the job training and successfully

complete the technical training that is required or approved by the Board.

(3) In the 2nd period of the apprenticeship program an apprentice must

acquire not less than 1600 hours of on the job training and successfully

complete the technical training that is required or approved by the Board.

(4) In the 3rd period of the apprenticeship program an apprentice must

acquire not less than 1600 hours of on the job training and successfully

complete the technical training that is required or approved by the Board.

Employment of apprentices

5(1) Where a person employs an apprentice, that employment must be carried

out in accordance with this section.

(2) A person who is a certified journeyman in the trade or employs a

certified journeyman in the trade may employ one apprentice and one

additional apprentice for each additional certified journeyman in the trade

that is employed by that person.

Wages

6(1) Subject to the Apprenticeship Program Regulation, a person shall not

pay wages to an apprentice that are less than those provided for under

subsection (2).

(2) Subject to the Employment Standards Code, a person employing an

apprentice must pay wages to the apprentice that are at least equal to the

following percentages of the wages paid to employees who are certified

journeymen in the trade:

(a) 55% in the first period of the apprenticeship program;

(b) 70% in the 2nd period of the apprenticeship program;

Transitional Provisions, Repeals, Expiry

and Coming into Force

Apprenticeship continues

7 A person who immediately prior to January 1, 2001 was an apprentice in

an apprenticeship program under the Appliance Service Technician Trade

Regulation (AR 143/94) continues as an apprentice in that apprenticeship

program under this Regulation.

Repeal

8 The Appliance Service Technician Trade Regulation (AR 143/94) is

repealed.

Expiry

9 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 August 31, 2005.

Coming into force

10 This Regulation comes into force on January 1, 2001.

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

Alberta Regulation 261/2000

Apprenticeship and Industry Training Act

AUTO BODY TECHNICIAN TRADE REGULATION

Filed: December 14, 2000

Made by the Alberta Apprenticeship and Industry Training Board on November

28, 2000 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Learning on December 12, 2000.

Definitions 1

Part 1

General Matters Respecting the Trade

Constitution of the trade 2

Tasks, activities and functions 3

Supervision, etc. of apprentices 4

Part 2

Auto Body Technician (Collision and Refinishing)

Branch of the Trade

Trade Matters Respecting the Branch

Undertakings constituting the branch 5

Tasks, activities and functions 6

Apprenticeship

Term of the apprenticeship program re collision and refinishing 7

Employment of apprentices 8

Wages 9

Part 3

Auto Body Technician (Collision)

Branch of the Trade

Trade Matters Respecting the Branch

Undertakings constituting the branch 10

Tasks, activities and functions 11

Apprenticeship

Term of the apprenticeship program re collision 12

Employment of apprentices 13

Wages 14

Part 4

Auto Body Technician (Refinishing)

Branch of the Trade

Trade Matters Respecting the Branch

Undertakings constituting the branch 15

Tasks, activities and functions 16

Apprenticeship

Term of the apprenticeship program re refinishing 17

Employment of apprentices 18

Wages 19

Part 5

Transitional Provisions, Repeals, Expiry and Coming into Force

Apprenticeship continues 20

Repeal 21

Expiry 22

Coming into force 23

Definitions

1 In this Regulation,

(a) "apprentice" means a person who is an apprentice in the trade;

(b) "certified journeyman" means a certified journeyman as defined

in the Apprenticeship Program Regulation;

Apprenticeship Program Regulation;

(d) "trade" means the occupation of auto body technician that is

designated as a compulsory certification trade pursuant to the

Apprenticeship and Industry Training Act.

PART 1 GENERAL MATTERS RESPECTING THE TRADE

Constitution of the trade

2(1) The undertakings set out in sections 5, 10 and 15 constitute the

trade.

(2) The trade is made up of the following:

(

a) the auto body technician (collision and refinishing) branch of

the trade;

(

b) the auto body technician (collision) branch of the trade;

(

c) the auto body technician (refinishing) branch of the trade.

Tasks, activities and functions

3 When practising or otherwise carrying out work in the trade,

the tasks, activities and functions set out in sections 6, 11 and 16 come

within the trade.

Supervision, etc. of apprentices

4(1) Where, in respect of a branch of the trade, a person is a certified

journeyman and is to provide supervision to an apprentice, that journeyman

is eligible to supervise that apprentice only

(

a) in respect of the undertakings that constitute that branch, and

(

b) in respect of tasks, activities and functions that come within

that branch,

for which that person is a certified journeyman.

(2) Where a person is an apprentice in an apprenticeship program in a

branch of the trade and is employed in respect of another branch of the

trade, that apprentice is eligible to carry out work only

(

a) in respect of the undertakings that constitute that branch, and

(

b) in respect of tasks, activities and functions that come within

that branch,

for which that person is an apprentice.

PART 2 AUTO BODY TECHNICIAN (COLLISION AND

REFINISHING) BRANCH OF THE TRADE

Trade Matters Respecting the Branch

Undertakings constituting the branch

5 The undertakings that constitute the auto body technician (collision

and refinishing) branch of the trade are the repairing, painting and

refinishing of motor vehicle bodies and the repairing of collision damage

to motor vehicles and without limiting the generality of the foregoing

include the following:

(

a) straightening and aligning frames and unitized structures;

(

b) motor vehicle body construction;

(

c) painting motor vehicles;

(

d) repairing, replacing and aligning chassis components;

(

e) repairing or replacing driveline support systems;

(

f) repairing or replacing structural and non-structural motor

vehicle sections.

Tasks, activities and functions

6 When practising or otherwise carrying out work in the auto body

technician (collision and refinishing) branch of the trade, the following

tasks, activities and functions come within that branch of the trade:

(

a) using hand, power and auto body tools while carrying out the

undertakings referred to in

section 5;

(

b) using measuring and pulling equipment to repair and align

damaged frames or unitized bodies;

(

c) damage analysis;

(

d) welding and cutting;

(

e) metal shrinking, patching, dinging, bumping, forging and

filing;

(

f) surface preparation;

(

g) plastic repair;

(

h) using refinishing equipment;

(

i) applying paint and associated materials;

(

j) handling volatile liquids and disposing of hazardous waste;

(

k) preparing and interpreting estimates;

(

l) troubleshooting electrical and electronic equipment;

(

m) removing or replacing supplemental restraint systems;

(

n) removing and installing glass;

(

o) removing and replacing components of air conditioning systems;

(

p) performing wheel alignments;

(

q) colour matching, tinting and blending paint;

(

r) using any new innovative trade related technological changes

with respect to

(

i) methods of construction and the materials

available, and

(ii) carrying out the tasks, activities and functions

referred to in this section.

Apprenticeship

Term of apprenticeship program re collision and refinishing

7(1) Subject to credit for previous training or experience being granted

pursuant to an order of the Board, the term of an apprenticeship program

for the auto body technician (collision and refinishing) branch of the

trade is 4 periods of not less than 12 months each.