Alberta Regulation 91/2023

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: April 20, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 149/2023)

on April 20, 2023 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 11/2023) is amended by this Regulation.

Section 15 is amended by adding the following after

clause (d):

(d.1) Alberta Firearms Act;

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Alberta Regulation 92/2023

Alberta Firearms Act

SEIZURE AGENT AND PROVIDER

LICENSING REGULATION

Filed: April 20, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 151/2023)

on April 20, 2023 pursuant to sections 15 and 18 of the Alberta Firearms Act.

Table of Contents

Definitions

2 Acting as or providing seizure agents

3 Application for licence

4 Issuance or renewal of seizure agent licence

5 Issuance or renewal of provider licence

6 Term of licence

8 Amendment, suspension or cancellation of licence

9 Notice of decision

10 Response to notice

11 Expiry

12 Coming into force

Definitions

1(1) For the purposes of the Act and this Regulation, "seizure agent"

means an individual who

(

a) is employed or engaged for services by the holder of a

provider licence to act as a seizure agent, or

(

b) acts as a seizure agent in the individual's personal capacity

but does not include the Chief Firearms Officer or a firearms officer.

(2) In this Regulation,

(a) "prohibited ammunition" means prohibited ammunition as

defined in

section 84 of the Criminal Code (Canada);

(b) "prohibited firearm" means a prohibited firearm as defined in

section 84 of the Criminal Code (Canada);

(c) "provider licence" means a licence referred to in

section

8(1)(

b) of the Act;

(d) "restricted firearm" means a restricted firearm as defined in

section 84 of the Criminal Code (Canada);

(e) "seizure agent licence" means a licence referred to in

section

8(1)(

a) of the Act.

Acting as or providing seizure agents

2(1) An individual acts as a seizure agent when engaging in the

following activities under or for the purposes of a specified enactment:

(

a) seizing, collecting or taking possession of restricted firearms,

prohibited firearms or prohibited ammunition;

(

b) accepting the voluntary surrender of restricted firearms,

prohibited firearms or prohibited ammunition;

(

c) tracking or keeping records with respect to restricted

firearms, prohibited firearms or prohibited ammunition;

(

d) storing restricted firearms, prohibited firearms or prohibited

ammunition;

(

e) destroying or deactivating restricted firearms, prohibited

firearms or prohibited ammunition.

(2) A person or organization engages in the business of providing

seizure agents when that person or organization employs or otherwise

engages the services of an individual to act as a seizure agent.

Application for licence

3(1) An applicant may apply to the Minister for

(

a) a seizure agent licence or the renewal of a seizure agent

licence, or

(

b) a provider licence or the renewal of a provider licence.

(2) An application under subsection (1)(

a) or (

b) must

(

a) be in the form approved by the Minister,

(

b) contain the information and documents required by the

Minister, and

(

c) include the application fee.

(3) The application fee for

(

a) a seizure agent licence or the renewal of a seizure agent

licence is $100, and

(

b) a provider licence or the renewal of a provider licence is

$1300.

Issuance or renewal of seizure agent licence

4(1) The Minister may issue or renew a seizure agent licence if

(

a) the applicant is 18 years of age or older,

(

b) the applicant holds a valid licence issued under the Firearms

Act (Canada) under which the applicant may possess and

acquire restricted firearms,

(

c) the results of any criminal record check, police information

check or vulnerable sector check required by the Minister are

satisfactory to the Minister,

(

d) the applicant has completed any training required by the

Minister,

(

e) the applicant holds a general liability insurance policy in

respect of the applicant's activities as a seizure agent in the

amount required by the Minister, and

(

f) the Minister is satisfied that the applicant has complied with

section 3(2).

(2) Notwithstanding subsection (1), the Minister may refuse to issue

or renew a seizure agent licence if

(

a) the Minister is of the opinion that the applicant made a

material misstatement in an application made under

section

(

b) the applicant has contravened or failed to comply with the

Act, any regulations made under the Act or any terms and

conditions imposed on the licence,

(

c) the applicant has been convicted of an offence under an

enactment of Alberta or Canada, or

(

d) the Minister is of the opinion that it is not in the public

interest to issue or renew the licence.

Issuance or renewal of provider licence

5(1) The Minister may issue or renew a provider licence if

(

a) the applicant holds, if the applicant is a business as defined in

the Firearms Act (Canada),

(

i) in respect of each location where the applicant intends

to store firearms, a valid licence for a business issued by

the Chief Firearms Officer under the Firearms Act

(Canada) under which the applicant may possess and

acquire prohibited firearms and restricted firearms, and

(ii) in respect of each location where the applicant intends

to destroy or deactivate firearms, a valid licence for a

business issued by the Chief Firearms Officer under the

Firearms Act (Canada) under which the applicant may

possess, acquire, destroy and deactivate prohibited

firearms and restricted firearms,

(

b) the applicant holds a general liability insurance policy in

respect of the applicant's activities or business providing

seizure agents in the amount required by the Minister, and

(

c) the Minister is satisfied that the applicant has complied with

section 3(2).

(2) Notwithstanding subsection (1), the Minister may refuse to issue

or renew a provider licence if

(

a) the Minister is of the opinion that the applicant made a

material misstatement in an application made under

section

(

b) the applicant or any officer, director, agent or employee of

the applicant has contravened or failed to comply with the

Act, any regulations made under the Act or any terms and

conditions imposed on a licence,

(

c) the applicant or any officer, director, agent or employee of

the applicant has been convicted of an offence under an

enactment of Alberta or Canada, or

(

d) the Minister is of the opinion that it is not in the public

interest to issue or renew the licence.

Term of licence

6 A licence may be issued or renewed for a term of up to 2 years.

licence that the Minister considers desirable in the particular

circumstances and in the interests of the safety of any person.

Amendment, suspension or

cancellation of licence

8(1) Subject to subsection (2), the Minister may amend, suspend or

cancel a licence

(

a) if the Minister is satisfied that the licensee

(

i) made a material misstatement in an application made

under

section 3,

(ii) has committed acts of misrepresentation, fraud or

dishonesty relating to the activities or business with

respect to which the licence was issued, or

(iii) is no longer a fit or proper person to carry out the

activities or business with respect to which the licence

was issued,

(

b) on any grounds on which the Minister may refuse to issue or

renew a licence under

section 4(2) or 5(2).

(2) The Minister shall not amend, suspend or cancel a licence under

subsection (1) before the licensee has had the opportunity to respond to

the Minister's decision under

section 10(1).

(3) Notwithstanding subsection (2), the Minister may amend, suspend

or cancel a licence before the licensee has an opportunity to respond to

the Minister's decision under

section 10(1) if the Minister is of the

opinion that it is in the public interest to do so.

Notice of decision

9(1) The Minister shall give notice of a decision to an applicant, a

licensee or a former licensee, as the case may be, where the Minister

(

a) refuses to issue or renew a licence under

section 4(2) or 5(2),

(

b) intends to amend, suspend or cancel a licence under

section

8(1),

(

c) amends, suspends or cancels a licence under

section 8(3) or

10(3), or

(

d) makes a decision under

section 10(2).

(2) Notice of a decision referred to in subsection (1) must

(

a) be in writing,

(

b) include the reasons for the decision, and

(

c) specify the date by which the applicant, licensee or former

licensee may respond to the notice.

Response to notice

10(1) An applicant, a licensee or a former licensee who receives

notice of a decision under

section 9 may respond to the Minister in

writing within 30 days after receiving the notice.

(2) On receiving a response under subsection (1), the Minister may

(

a) confirm the decision,

(

b) vary the decision,

(

e) reinstate the licence, if the decision was to suspend or cancel

the licence.

(3) If no response is received by the Minister under subsection

(1) with respect to a decision where the Minister intends to amend,

suspend or cancel a licence under

section 8(1), the Minister may

amend, suspend or cancel the licence, as the case may be, at the expiry

of the 30-day period referred to in subsection (1).

Expiry

11 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, 2028.

Coming into force

12 This Regulation comes into force on the coming into force of

Part

2 of the Alberta Firearms Act.

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Alberta Regulation 93/2023

Water Act

WATER (MINISTERIAL)

AMENDMENT REGULATION

Filed: April 27, 2023

For information only: Made by the Minister of Environment and Protected Areas

(M.O. 6/2023) on April 20, 2023 pursuant to

section 169(2) of the Water Act.

1 The Water (Ministerial) Regulation (AR 205/98) is

amended by this Regulation.

Section 1(1) is amended by adding the following after

clause (z):

(z.1) "storm drainage storage facility" means a works that stores

surface water run-off that is from precipitation primarily on

land developed for residential, commercial or industrial

purposes but does not include

(

i) a dugout,

(ii) an excavation made to provide construction materials at

another location, or

(iii) a water body created by mining or other resource

extraction activities;

Schedule 3 is amended by adding the following after

section 1(c):

(c.1) a diversion of water from a storm drainage storage facility if

(

i) the total diversion is less than 6250 cubic metres per

year,

(ii) the storm drainage storage facility is authorized by

(

A) an approval under the Act,

(

B) an approval under the Coal Conservation Act,

(

C) an approval or registration under the

Environmental Protection and Enhancement Act,

(

D) a licence under the Geothermal Resource

Development Act,

(

E) an approval or licence under the Mineral Resource

Development Act, or

(

F) an approval or licence under the Oil and Gas

Conservation Act,

(iii) the water is diverted by

(

A) the holder of the authorization referred to in

subclause (ii), or

(

B) a person who has the consent of the holder of the

authorization,

(iv) the quality of the diverted water meets the standard for

discharge as specified in the conditions, if any, of the

authorization referred to in subclause (ii),

(

v) the water has not been pumped or otherwise conveyed

from a natural water body or watercourse into the storm

drainage storage facility,

(vi) the storm drainage storage facility is not part of a

wetland replacement works as defined in the Code of

Practice for Wetland Replacement Works, and

(vii) the diversion does not cause an adverse effect on

(

A) the aquatic environment,

(

B) a household user, licensee or traditional

agricultural user, or

(

C) any parcel of land;