Alberta Regulation 239/2003

Municipal Government Act

CROWN LAND AREA DESIGNATION REGULATION

Filed: July 16, 2003

Made by the Minister of Sustainable Resource Development (M.O. 25/2003) on

July 8, 2003 pursuant to

section 618(3) of the Municipal Government Act.

1 The areas described in the

Schedule are designated areas for the

purposes of

section 618(2)(

b) of the Municipal Government Act.

2 The

Section 6 Area Designation Regulation (AR 420/84) is repealed.

3 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

April 30, 2013.

SCHEDULE

Crown Land Area Designation Regulation

All those parcels or tracts of land, situate, lying, and being in the

Province of Alberta, Canada, and being composed of the following lands:

FIRSTLY:

In Range 5 West of the 5th Meridian:

Sections 4 to 9 inclusive, sections 16 to 21 inclusive and

sections 28 to 33 inclusive in Township 44.

SECONDLY:

In Range 6 West of the 5th Meridian:

The whole of Township 44.

THIRDLY:

In Range 7 West of the 5th Meridian:

Sections 1 to 24 inclusive and sections 28 to 33 inclusive in

Township 32;

Sections 5, 6, 7, 18, 19 and 30 in Township 33;

Sections 7 to 36 inclusive in Township 42;

The whole of Township 43;

Sections 1 to 18 inclusive, sections 22 to 27 inclusive and

sections 34, 35 and 36 in Township 44.

FOURTHLY:

In Range 8 West of the 5th Meridian:

The whole of Townships 31, 32, 33, 34, 42, 43 and 46;

Sections 1 to 18 inclusive in Township 35;

Sections 16 to 21 inclusive and sections 28 to 33 inclusive in

Township 41;

Sections 1 to 21 inclusive and sections 28 to 33 inclusive in

Township 44;

Sections 4, 5, 8, 9, 16 to 21 inclusive, the north halves of

sections 22, 23 and 24 and sections 25 to 36 inclusive in Township 45;

Part sections 6 and 7 in Township 45 which lie generally to the

east of the right bank of the North Saskatchewan River;

Part Township 47 which lies generally to the south of the right

bank of the said North Saskatchewan River.

FIFTHLY:

In Range 9 West of the 5th Meridian:

The whole of Townships 31 to 36 inclusive and Townships 41 to

44 inclusive;

Sections 4, 5, 6, 7 and 18 in Township 37;

Part Townships 45, 46 and 47 which lie generally to the east of

the right bank of the said North Saskatchewan River.

SIXTHLY:

In Range 10 West of the 5th Meridian:

The whole of Townships 31 to 38 inclusive;

The whole of Townships 41 to 44 inclusive.

SEVENTHLY:

In Range 11 West of the 5th Meridian:

The whole of Townships 31 to 38 inclusive;

The whole of Townships 41 to 44 inclusive;

Sections 3 to 10 inclusive, sections 15 to 22 inclusive and

sections 27 to 34 inclusive in Township 39;

Sections 3 to 6 inclusive in Township 40.

EIGHTHLY:

In Range 12 West of the 5th Meridian:

Part Township 31 which lies generally to the north and east of

the Banff National Park boundary;

The whole of Townships 32 to 39 inclusive;

The whole of Townships 41 to 44 inclusive;

Sections 1 to 10 inclusive, sections 17 to 20 inclusive and

sections 29 to 32 inclusive in Township 40;

Excepting thereout:

Legal subdivision 16 of

section 17, the north half of

section

19, legal subdivisions 5 to 8 inclusive of

section 19,

section 20, and all

those portions of the south halves of sections 29 and 30, which lie

generally to the south of the southerly limit of Highway No. 11, all within

Township 40.

NINTHLY:

In Range 13 West of the 5th Meridian:

Part Townships 31 and 32 which lie generally to the north and

east of the Banff National Park boundary;

Townships 33 to 44 inclusive;

Excepting thereout:

The north halves of sections 23 and 24, legal subdivisions 5 to

8 inclusive of

section 24, all those portions of sections 25 and 26, which

lie generally to the south and west of the southwesterly limit of Highway

No. 11 and the south east quarter of

section 27, all within Township 40.

TENTHLY:

In Range 14 West of the 5th Meridian:

Part Townships 32 and 33 which lie generally to the north and

east of the Banff National Park boundary;

The whole of Townships 34 to 44 inclusive.

ELEVENTHLY:

In Range 15 West of the 5th Meridian:

Part Townships 33 and 34 which lie generally to the north of

the Banff National Park boundary;

Townships 35 to 44 inclusive;

Excepting thereout:

The north west quarter of

section 17, the north half of

section

18, the south half of

section 19, all those portions of the north half of

section 19,

section 29 and

section 30 which lie generally to the south of

the southerly limit of Highway No. 11, the west half of

section 20, the

north east quarter of

section 21, the north west quarter of

section 22,

sections 27, 28, 33 and 34, all those portions of the north halves of

sections 35 and 36 which lie generally to the north of the northerly limit

of Highway No. 11, all within Township 40;

The south halves of sections 3 and 4 of Township 41.

TWELFTHLY:

In Range 16 West of the 5th Meridian:

Part Townships 33 and 34 which lie generally to the north of

the Banff National Park boundary;

Townships 35 to 44 inclusive;

Excepting thereout:

All those portions of the north west quarter of

section 19, the

south half of

section 30, the east half of

section 32 and legal

subdivisions 3, 6, 11 and 14 of

section 32, of township 39, which lie

generally to the west of the westerly limit of Highway No. 11;

All that portion of the north half of

section 11, which lies

generally to the north and west of the northwesterly limit of Highway No.

11, the north half and south west quarter of

section 13, the south half and

north east quarter of

section 14, the south east quarter of

section 23, the

south half of

section 24 and legal subdivisions 9, 10 and 11 of

section 24,

all within Township 40.

THIRTEENTHLY:

In Range 17 West of the 5th Meridian:

Part Township 33 which lies generally to the north of the Banff

National Park boundary;

Townships 34 to 44 inclusive;

Excepting thereout:

All those portions of legal subdivisions 9 and 16 of

section

24, the south half of

section 25, the north west quarter of

section 26,

legal subdivisions 5, 7, 8 and 10 of

section 26 and

section 27, which lie

generally to the north and east of the left bank of the Bighorn River,

legal subdivisions 11 and 12 of

section 25 and legal subdivision 9 of

section 26, all within Township 39.

FOURTEENTHLY:

In Range 18 West of the 5th Meridian:

Part Township 33 which lies generally to the north of the Banff

National Park boundary;

Townships 34 to 44 inclusive;

Excepting thereout:

The north east quarter of

section 10 which lies east of Highway

No. 11 and which lies north of Cline River, all those portions of legal

subdivisions 1, east of Highway No. 11, legal subdivisions 7 and 8 of

section 15, the north west quarter of

section 14,

section 23,

section 26

and legal subdivisions 2, 3 and 4 of

section 35 which lie generally to the

west of Abraham Lake, the north east quarter of

section 15, the east half

section 22 and the east half of

section 27, all within Township 37.

FIFTEENTHLY:

In Range 19 West of the 5th Meridian:

Part Townships 33, 34 and 35 which lie generally to the east of

the Banff National Park boundary;

The whole of Townships 36 to 43 inclusive.

SIXTEENTHLY:

In Range 20 West of the 5th Meridian:

Part Township 36 which lies generally to the north and east of

the Banff National Park boundary;

The whole of Townships 37, 38 and 39;

Part Townships 40, 41 and 42 which lie generally to the east of

the Jasper National Park boundary;

Part Township 43 which lies generally to the east of the Jasper

National Park boundary and to the east of the right bank of the Brazeau

River.

SEVENTEENTHLY:

In Range 21 West of the 5th Meridian:

Part Townships 36 and 37 which lie generally to the north and

east of the Banff National Park boundary;

The whole of Township 38;

Part Townships 39, 40 and 41 which lie generally to the east of

the Jasper National Park boundary.

EIGHTEENTHLY:

In Range 22 West of the 5th Meridian:

Part Township 37 which lies generally to the north and east of

the Banff National Park boundary and generally to the east of the Jasper

National Park boundary;

Part Townships 38 and 39 which lie generally to the east of the

Jasper National Park boundary.

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

Alberta Regulation 240/2003

Safety Codes Act

ELEVATING DEVICES CODES REGULATION

Filed: July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 348/2003) on July 22, 2003

pursuant to

section 65 of the Safety Codes Act.

Table of Contents

B355 code 1

Z185 code 2

B311 code 3

B44 code 4

Repeal 5

Expiry 6

Coming into force 7

B355 code

1 CAN/CSA-B355-00 Lifts for Persons with Physical Disabilities is

declared in force with the following variations:

(

a) the following is added after Requirement 1.1:

1.1.1 If there is a conflict between the Elevating Devices,

Passenger Ropeways and Amusement Rides Permit Regulation (AR 268/2002) and

this Standard, that Regulation prevails over this Standard.

1.1.2 This code, and any codes and standards referenced in the

Code, do not make or imply any assurance or guarantee by the Crown with

respect to the life expectancy, durability or operating performance of

materials, appliances, systems and equipment referred to in the Code, codes

or standards.

Z185 code

2 CAN/CSA-Z185-M87 (R2001) Safety Code for Personnel Hoists is declared

in force with the following variation:

(

a) the following is added after Requirement 1.1:

1.1.1 If there is a conflict between the Elevating Devices,

Passenger Ropeways and Amusement Rides Permit Regulation (AR 286/2002) and

this Standard, that Regulation prevails over this Standard.

1.1.2 This code, and any codes and standards referenced in the

Code, do not make or imply any assurance or guarantee by the Crown with

respect to the life expectancy, durability or operating performance of

materials, appliances, systems and equipment referred to in the Code, codes

or standards.

B311 code

3 CAN/CSA-B311-02 Safety Code for Manlifts is declared in force with the

following variations:

(

a) the following is added after Clause 1.1:

1.1.1 If there is a conflict between the Elevating Devices,

Passenger Ropeways and Amusement Rides Permit Regulation (AR 286/2002) and

this Standard, that Regulation prevails over this Standard.

1.1.2 This code, and any codes and standards referenced in the

Code, do not make or imply any assurance or guarantee by the Crown with

respect to the life expectancy, durability or operating performance of

materials, appliances, systems and equipment referred to in the Code, codes

or standards.

(

b) the definition of "door" in Clause 2.1 is amended by adding

"expanded metal or" after "more";

(

c) Clause 6 is struck out ;

(

d) the following is added after Clause 7.11.1:

7.11.1.1 The horizontal distance between the sides of the

hoistway landing opening and the outside edge of the car enclosure shall

not exceed 200 mm on either side.

(

e) in Clause 7.16.2.1 "or pounds, or both." is struck out;

(

f) the following is added after Clause 7.20.2:

7.20.2.1 The pitch diameter of governor sheaves and governor

tension sheaves must be not less than 30 times the rope diameter.

(

g) in the third line of Clause 7.28.12(a) "rollers," is struck out

and "rollers one of" is substituted;

(

h) Appendix C - General Guidelines is declared a mandatory part of

CAN/CSA--B311-02 Safety Code for Manlifts.

B44 code

4 CAN/CSA-B44-00 Safety Code for Elevators is declared in force with the

following variations:

(

a) in Requirement 1.1.3

(

i) by striking out "8.9";

(ii) by striking out "8.11";

(iii) by adding "8.6.12" before "which";

(

b) the following is added after Requirement 1.1.3:

1.1.3.1 If there is a conflict between the Elevating Devices,

Passenger Ropeways and Amusement Rides Permit Regulation (AR 286/2002) and

this Code, that Regulation prevails over this Code.

1.1.3.2 The

definitions in the Elevating Devices, Passenger

Ropeways and Amusement Rides Permit Regulation (AR 286/2002) apply to this

Code.

1.1.3.3 This code, and any codes and standards referenced in the

Code, do not make or imply any assurance or guarantee by the Crown with

respect to the life expectancy, durability or operating performance of

materials, appliances, systems and equipment referred to in the Code, codes

or standards.

(

c) the following is added at the end of

Section 1.2:

In Alberta, the Alberta Building Code has been declared to be

in force in place of the NBCC. Therefore,

(

i) wherever the phrase "in jurisdiction enforcing the

NBCC" is used in this Code, it must be read as if it were a reference to

"in Alberta", and

(ii) where the context allows, references to "NBCC" in

this Code must be read as references to "Alberta Building Code".

(

d) in

Section 1.3 the definition of "unlocking zone" is struck out

and the following is substituted:

Unlocking Zone - a zone extending from the landing floor level

to a point not less than 75 mm nor more than 250 mm above and below the

landing.

(

e) Appendix B is amended

(

i) in the title by striking out "LANDING AND";

(ii) in the diagram

(

A) by striking out "landing zone" and

substituting "unlocking zone";

(

B) by striking out "450 mm (18 in)"

wherever it occurs and substituting "250 mm";

(

f) by adding the following after Requirement 2.15.9.4:

2.15.9.4.1 A platform guard may be used as an alternative to

a door restrictor if the platform guard

(

a) satisfies Requirement 2.15.9, 2.15.9.1,

2.15.9.3 and 2.15.9.4, and

(

b) is installed so that the hoistway

opening space below the platform guard is limited to not more than 250 mm

between the floor and the bottom of the platform guard, regardless of the

location of the elevator car when it is stopped.

(

g) by striking out Sections 5.3, 5.4 and 5.8;

(

h) by adding the following after Requirement 6.1.6.2.2:

6.1.6.2.2.1 Any existing escalator that is not equipped with

an inspection switch must meet the requirements of 6.1.6.2.2.

(

i) by striking out Requirement c8.7.1.8;

(

j) by striking out

Section 8.9;

(

k) by striking out Requirement 8.10.1.1.2 and substituting the

following:

8.10.1.1.2.1 A person who installs or makes a major

alteration to equipment must perform all of the applicable tests specified

by Requirement 8.10.2 to 8.10.5 in the presence of the inspector specified

in Requirement 8.10.1.1.1.

8.10.1.1.2.2 A person who alters equipment must perform all

of the applicable tests specified by Requirements 8.10.2 to 8.10.5.

(

l) by striking out Requirement 8.11;

(

m) by striking out Requirements c8.6.12 to c8.6.12.5.7 and

substituting the following:

8.6.12 MAINTENANCE OF ELEVATORS, DUMBWAITERS, ESCALATORS

AND MOVING WALKS

8.6.12.1 Scope

8.6.12.1.1

This

Section applies to all existing installations and all new

installations after being placed in service. These are the minimum

standards to which these installations must be maintained. However, it is

not the intent of this

Section to require the alteration or replacement of

equipment to meet design, nameplate and performance standards not required

by the applicable code at the time the equipment was installed.

Note: The references to requirements throughout this

Section

are references to requirements in CAN/CSA-B44-00 Safety Code for Elevators.

These are references with respect to installations described in Clause

8.6.12.1.1 and the equivalent requirements, if any, from the applicable

Code.

8.6.12.1.2

This

Section applies also, by analogy of the design and usage,

to the maintenance of other devices covered by this Code such as moving

walks and freight platform lifts.

8.6.12.2 General Maintenance Requirements

8.6.12.2.1 Maintenance Required

Each elevator, dumbwaiter and escalator must be maintained in

accordance with the requirements of this

Section or the recommendations of

the original manufacturer or of a Professional Engineer. The maintenance

includes:

(

a) inspections, examinations and tests of all parts

and functions of an installation at required or scheduled intervals in

order to ensure, to a reasonable degree, that the installation is in a safe

operating condition;

(

b) cleaning, lubricating and adjusting applicable

components at regular intervals and repairing or replacing all worn or

defective components when necessary, to prevent the device from becoming

unsafe for operation;

(

c) repairing or replacing damaged or broken parts

affecting safe operation.

8.6.12.2.2 Maintenance Intervals

Except for procedures in this

Section where time intervals are

specified, maintenance inspections must be carried out at least once every

3 months to ensure compliance with Clause 8.6.12.2.1.

8.6.12.2.2.1 Extension of Intervals

Where, however, conditions such as frequency and type of usage

or age and inherent quality of equipment make more frequent maintenance

intervals unnecessary, the original elevator manufacturer or elevator

maintenance contractor or Professional Engineer may extend the

Section

8.6.12.2.2 maintenance intervals up to (but not for a period greater than)

one year where such extension is consistent with the intent of the original

manufacturer's maintenance program.

8.6.12.2.2.1.1

The person or firm implementing an extension permitted by

8.6.12.2.2.1 shall place the following in the log book for the device:

(

a) a signed copy of the maintenance interval changes

describing the changes and rationale for the changes;

(

b) a copy of a letter notifying the owner of the

elevating device of the extension.

These documents shall contain the following information: the

provincial I.D. or serial number of the device affected by the extension,

the date when the extension will be put in effect, the name of the company

and signature of the company representative authorizing the extension.

8.6.12.2.2.1.2

Where a maintenance frequency is extended under 8.6.12.2.2.1,

such extension is not transferable to a new contractor.

8.6.12.2.3 Actions Respecting Defective Parts

If a defective part that directly affects the safety of the

operation is identified, it must be immediately adjusted, repaired or

replaced.

8.6.12.2.4 Maintenance Mechanics

Persons performing maintenance, including repair and

replacement work, must have training, be experienced and hold an Alberta

Trade Certificate in the trade of Elevator Constructor or be an apprentice

in the trade under the Apprenticeship and Industry Training Act under the

direct supervision of a person who holds an Alberta Trade Certificate in

the trade of Elevator Constructor.

Note: Maintenance mechanics must

(

a) understand operational and safety functions of all

components of the installation maintained in order to appreciate all safety

hazards for maintenance personnel and the general public that might be

created during any maintenance procedure,

(

b) be able to reasonably assess compatibility of

replacement components, and

(

c) be able to carry out the work required under this

Requirement.

8.6.12.2.5 Log Book

A manual or electronic log must be maintained on site or with

the maintenance contractor and must be available at all times. The log

must contain, as a minimum, records for the last 5 years on all activities

referred to in this

Section and trouble calls.

8.6.12.2.5.1

In addition, each Maintenance Log Book will contain the

following:

(

a) building name and address;

(

b) elevator contractor's and owner's name;

(

c) year, month and day of tasks performed;

(

d) name of all the persons who performed the

procedures along with elevator maintenance mechanics and safety codes

officers;

(

e) provision for the elevator mechanic to comment on

maintenance activities;

(

f) all maintenance trouble calls and repairs;

(

g) confirmation that all maintenance requirements of

Section 8.6.12.12 are complied with.

Maintenance intervals shall be stated in the log books. If

there is no maintenance interval stated, then the intervals will default to

3 months and the maintenance will be required to be completed every

subsequent 3 months.

8.6.12.2.6 Wiring Diagrams

Up-to-date wiring diagrams detailing circuits of all electrical

protective devices listed in Requirement 2.26.2 and primary directional

circuits must be available in the machine room at all times.

8.6.12.3 Maintenance Procedure Applicable to all

Installations

8.6.12.3.1 Making Safety-Related Devices Inoperative

8.6.12.3.1.1

No person shall at any time make inoperative any component on

which safety of persons is dependent or any electrical protective device,

except where necessary during testing, inspections and maintenance (see

Requirement 2.26.7).

8.6.12.3.1.2

During tests, inspections and maintenance referred to in Clause

8.6.12.3.1.1, the installation shall not be made available to the public.

Immediately on completion, the installation must be restored to its normal

operating condition in conformity with the applicable requirements.

8.6.12.3.1.3

Substitution of any wire or current-carrying device for the

proper fuse or circuit-breaker in an elevator circuit is not permitted.

8.6.12.3.2 Hoistways, Pits and Machine Rooms

8.6.12.3.2.1

Hoistways, trusses and pits must be kept clean and dry.

Accumulation of rubbish in elevator pits and the use of these areas for

storage is not permitted.

8.6.12.3.2.2

The machine room floor must be kept clean and free from oil and

grease. Articles or materials not necessary for the maintenance or

operation of the elevator shall not be stored in the machine room.

Flammable liquids having a flashpoint of less than 44oC shall not be kept

in the machine room.

8.6.12.3.2.3

Access doors must be kept closed and locked, except during

periods when a qualified person is in the machine room or secondary sheave

space.

8.6.12.3.2.4

Care must be used in the painting of the equipment to ensure

that the paint does not interfere with its proper function. Brakes,

governors, car-safety parts and buffer parts must be tested for proper

operation after completion of painting.

8.6.12.3.3 Tops of Cars

The tops of cars must be kept free from oil and grease and

shall not be used for storing lubricants, tools or other materials not

required for the operation of the elevator.

8.6.12.3.4 Cleaning of Car and Hoistway Transparent Enclosures

Unless Requirement 2.11.1.4 or 2.14.2.6 is met, cleaning of

transparent enclosures on the exterior of an elevator car or on the

interior of an elevator hoistway must be done under the direct supervision

and presence of a maintenance mechanic.

8.6.12.3.5 Lubrication

8.6.12.3.5.1 General

All parts of the machinery and equipment requiring lubrication

must be maintained with lubricants of a grade and quantity recommended by

the manufacturer.

8.6.12.3.5.2 Lubrication of Suspension Wire Ropes

Precautions must be taken in lubricating wire ropes to prevent

loss of traction.

8.6.12.3.5.3 Lubrication of Governor Wire Ropes

Governor wire ropes shall not be lubricated unless recommended

by the manufacturer of the governor (see Requirement 2.18.9).

8.6.12.3.5.4 Lubrication of Guide Rails

8.6.12.3.5.4.1

Only elevators equipped with guiding members requiring

lubrication may have guide rails lubricated. Rail lubricants or coatings

must comply with Requirement 2.17.16. Means must be provided at the base

of the rails to collect excess lubricant.

8.6.12.3.5.4.2

Rails must be kept clean and free from lint and dirt

accumulation. When necessary, a non-flammable or high flashpoint solvent

may be used to remove excess lubricant, lint and dirt that may accumulate

on the rails and present a hazard in case of fire in the hoistway.

8.6.12.3.5.4.3

Rust-preventative compounds including paint, lubricants

including graphite, oil and similar coatings, shall not be applied unless

recommended by the manufacturer or a Professional Engineer.

Note: Rust-preventative compounds or improper lubricants may

interfere with and in many cases will prevent proper operation of the car

safety device. Such substances may even cause complete failure of the

safety to function. If it is necessary for any reason to use any of these

substances, written recommendations from the manufacturer of the elevator

or a Professional Engineer must be obtained before their application.

8.6.12.3.6 Car and Counterweight Safeties Mechanisms and

Governors

All moving parts of car and counterweight safeties mechanisms

must be kept clean and free from rust and dirt and must be lubricated at

frequent intervals.

Note: This is especially important where the equipment is

exposed to water or corrosive vapours or excessively damp conditions

because corrosion or rusting of the parts may prevent operation of the

safety.

8.6.12.3.6.1 Examination and Tests of Safeties and

Overspeed Governors

(1) All working parts must be examined and the safeties

operated by hand to determine whether they are in safe operating condition.

(2) If the safety is of a type requiring continual unwinding

of the safety drum rope to fully apply the safety, and it has been operated

by hand, not less than 3 turns of the safety drum rope must remain on the

safety drum after the safety jaws clamp over the rail to ensure operation

of overspeed application.

(3) When resetting drum-operated safeties by means of the

wrench in the car, sufficient tension must be kept in the safety-drum rope

to prevent kinking of the rope and to ensure that it is wound evenly and

uniformly in the drum grooves. The drum must be rewound until no slack

remains in the safety rope between the drum and the car releasing-carrier.

(4) Overspeed governors must be examined and operated by hand

to determine that all parts and switches operate freely and are not worn

excessively.

(5) If a safety test indicates it may be necessary (e.g.,

excessive slippage of governor rope through the governor jaw; the

application of the governor jaw causes damage to the governor rope), the

governor pull-through force must be tested for compliance with Requirement

2.18.6.

(6) The governor tripping speed must be tested every time the

seal on the governor has been disturbed or examination indicates that a

retest is necessary.

(7) Safeties must be tested (see Clauses 8.6.12.3.6.1.1 and

8.6.12.3.6.1.2) if the examination indicates that it may be necessary.

8.6.12.3.6.1.1 Procedures for Testing of Safeties

If the examination and test in Clause 8.6.12.3.6.1 indicates

that further testing is required to confirm that the overspeed safety

device systems function as intended, safeties must be subjected to one of

the following tests with no load in the car and with the car moving in the

down direction while the safeties are being tested, or with the

counterweight moving in the down direction while its safeties are being

tested as follows:

(

a) type B or C governor-operated safeties must be

engaged by tripping the governor by hand with the car or counterweight

operating at its lowest speed;

(

b) type A governor-operated safeties must be engaged

(

i) in accordance with clause (a), or

(ii) the governor may be first set by hand

and the car or counterweight lowered onto the safeties by inching or other

means;

(

c) type A safeties without governors must be engaged

by providing the necessary slack rope to cause them to function.

8.6.12.3.6.1.2 Safety Test Results Criteria

During the tests set out in Clause 8.6.12.3.6.1.1, the safeties

must promptly bring the car or counterweight to rest subject to the

following:

(

a) in the case of Type A, B or C safeties employing

rollers or dogs for their application, the rollers or dogs are not required

to operate their full travel;

(

b) in the case of Type B safeties, the stopping

distance is not required to comply with Requirement 2.17.3;

(

c) in the case of Type C safeties, the oil buffer must

be able to compress its full stroke.

8.6.12.3.7 Hydraulic Components

8.6.12.3.7.1

Plungers of water-hydraulic elevators and dumbwaiters must be

thoroughly cleaned, as necessary, to remove any buildup of rust or scale.

8.6.12.3.7.2

If valves and cylinders use packing glands, they must be

periodically checked and tightened or replaced as necessary to prevent

excessive loss of the fluid.

8.6.12.3.7.3

A means must be provided to collect oil from the cylinder head

packing gland.

8.6.12.3.7.4

The level of oil in the oil tanks must be checked and where

necessary adjusted to comply with the prescribed minimum and maximum level.

Note: Where an unexplained loss of oil is likely to result in

an immediate safety hazard, the owner or agent shall remove the elevating

device from service until appropriate remedial action has restored the

device to a safe operating condition.

8.6.12.3.8 Oil Buffers

8.6.12.3.8.1

The oil must be maintained at the level indicated by the

manufacturer.

8.6.12.3.8.2

Buffer plungers must be kept clean and shall not be coated or

painted with a substance that interferes with their operation.

8.6.12.3.9 Controller Contactors and Relays

Controller contactors and relays must be kept clean and free

from dirt and where necessary be lubricated as recommended by the

manufacturer.

8.6.12.4 Wire Ropes

8.6.12.4.1 Inspection of Wire Ropes

All wire ropes must be inspected in accordance with the

following procedure:

(

a) from the rope data tag (see Requirements 2.18.5.3

and 2.20.2.2), determine

(

i) nominal rope diameter, and

(ii) rope construction, i.e., the number of

strands and the number of wires per strand;

(

b) establish the length of a rope lay using Table

8.6.12.4.1.(b);

TABLE 8.6.12.4.1(

b) Nominal Rope

diameter (in*) 3/8 9/16 11/16 3/4

Rope lay

length (in*) 2 1/2 3 5/8 4 1/2 4 7/8

* Imperial units are used to accommodate present wire rope industry

practices.

(

c) measure rope diameter (see Table 8.6.12.4.2.1(a));

(

d) establish whether the rope is affected by corrosion

(e.g., rust, red dust), or is rough (see Requirement 8.6.12.4.2.1(c));

(

e) count number of broken wires per rope lay; for

preformed ropes a more rigid inspection is required to identify hairline

breaks on flat spots of worn wires;

(

f) establish if broken wires are equally distributed

in all wire strands or mainly concentrated in one or 2 strands (see Clause

8.6.12.4.2.1(b)).

8.6.12.4.2 Rope Replacement Requirements

8.6.12.4.2.1

Wire ropes other than governor ropes must be replaced if one of

the following conditions is identified:

(

a) when the rope diameter is less than that permitted

for the corresponding nominal size as shown in Table 8.6.12.4.2.1(a);

TABLE 8.6.12.4.2.1(

a) Nominal Rope

diameter (in*) 3/8 7/16 1/2 9/16 5/8 11/16 3/4 1

Minimum

diameter

permitted

(in*) 11/32 13/32 15/32 17/32 37/64 41/64 45/64 15/16

* Imperial units are used to accommodate present wire rope industry

practices.

(

b) when no corrosion is identified and the number of

broken wires in a rope lay exceeds the number of breaks in Table

8.6.12.4.2.1(b) (see Clause 8.6.12.4.1(

e) and (f));

TABLE 8.6.12.4.2.1(

b) Rope Construction Wire Breaks Breaks in

Drive Machine (see Clause equally one or 2

Type 8.6.12.4.4.1(a)(ii)) distributed strands

Traction 6 x 19

6 x 21 24 8

6 x 25

8 x 19

8 x 21 32 10

8 x 25

Drum Any 12 8

(

c) when corrosion is identified and the number of

broken wires in a lay exceeds 50% of the breaks shown in Table

8.6.12.4.2.1(b).

8.6.12.4.2.2

Governor wire ropes must be replaced

(

a) when the rope diameter is less than that permitted

for the corresponding nominal size shown in Table 8.6.12.4.2.1(a);

(

b) when the number of broken wires in a rope lay

exceeds 75% of the maximum number of breaks shown in Table 8.6.12.4.2.1(

b) or 50% if corrosion is identified.

8.6.12.5

All landing and car door mechanical and electrical components

must be inspected to ensure proper and safe operating condition including

the following:

(

a) interlocks, locks and contacts (see Requirements

2.12 and 2.14.4.2);

(

b) door reopening devices (see Requirement 2.13.5);

(

c) vision panels (see Requirement 2.11.7.1);

(

d) hoistway access switches (see Requirement 2.8.6.7);

(

e) eccentrics/upthrusts and retainers (see

Requirements 2.11.11.4 and 2.11.11.8);

(

f) door gibs (see Requirements 2.11.11.6 and

2.11.11.8);

(

g) pickup rollers and assemblies;

(

h) clutch/retiring cams and assemblies (see

Requirement 2.8.6.2.5);

(

i) hangers;

(

j) hanger/door panel interconnecting means;

(

k) door closers (see Requirement 2.13.3);

(

l) closing force (see Requirement 2.13.3.1);

(

m) restrictions on opening of car doors (see

Requirement 2.8.6.5);

(

n) door panels and sight guards (see Requirements

2.11.11.5, 2.11.8.6.4 and 2.11.13.3).

8.6.12.6 Driving Machine Brakes

8.6.12.6.1 Examination of Brakes

The driving machine brakes must be:

(

a) dismantled, cleaned and all components checked;

(

b) tested to ensure that the car decelerates* from

rated speed when power is removed from the driving machine and brake while

an empty car is travelling in the up direction at rated speed.

* Any rate of deceleration is acceptable, all factors

considered, e.g., heat dissipation.

Note: It is recommended that means other than the disconnect

switch be used to remove the power.

8.6.12.6.2 Unscheduled Brake Tests

The driving-machine brake must be tested after replacement of

brake linings or any other components, or any change affecting the

operation or adjustment of the brake to ensure that the car decelerates*

from rated speed when power is removed from the driving machine and brake

while an empty car is travelling in the up direction at rated speed.

* Any rate of deceleration is acceptable, all factors

considered, e.g., heat dissipation.

Note: It is recommended that means other than the disconnect

switch be used to remove the power.

8.6.12.7 Car and Counterweight Oil Buffers

8.6.12.7.1 Plunger Return Test

Oil buffers must be tested as specified in Requirement

8.10.2.2.5(c)(2) at intervals not longer than 5 years.

8.6.12.8 Hydraulic Driving Machine Relief Valve Setting

The relief valve setting (see Requirement 3.19.4.2) must be

tested if the valve is altered or the seal is broken (see Requirement

3.19.4.2.1(c)). The test must be done by applying pressure from the pump

after

(

a) closing the main shutoff valve, or

(

b) inching the empty car upward to engage the plunger

stop ring.

The relief valve setting must be resealed if it is altered or

if the seal is broken.

8.6.12.8.1 Inspection of Hydraulic Elevator Cylinder

Cylinders that are exposed must be visually inspected.

Cylinders that are not exposed must be tested for leakage.

8.6.12.9 Car Emergency Lighting System Test

Car emergency lighting systems must be tested in accordance

with Requirement 2.14.7.1.3).

8.6.12.10 Free-Fall, Overspeed and Uncontrolled Low Speed

Protection Devices

8.6.12.10.1 Examination

All parts relating to free-fall, overspeed and uncontrolled low

speed protection devices must be examined following the manufacturer's

recommendations to determine if the parts are in safe operating condition.

8.6.12.10.2 Tests and Inspections of Ascending Car Overspeed

and Unintended Car Motion Protection

Inspections and tests, as required in Requirement

8.10.2.2.2(cc)(1), (2) and (dd), must be carried out, except that full-load

tests are not required.

8.6.12.11 Examinations and Tests of Escalators

8.6.12.11.1 General

Examinations must include the following procedures:

(

a) the emergency stop buttons required by Requirement

c6.1.6.3.1 must be tested by operating them when the escalator is operated

in each direction of travel;

(

b) the skirt switches must be checked for compliance

with Requirement 6.1.6.3.6;

(

c) the speed of the handrail must be tested to ensure

movement in the same direction and at substantially the same speed as the

steps and to ensure that it cannot be easily stalled (see Requirement

6.1.3.4.1);

(

d) examinations must be performed to ensure that the

clearance on either side of the steps and between the step and the adjacent

skirt guard does not exceed the distances prescribed in the applicable

code;

(

e) combplates must be examined to ensure that:

(

i) no more than one tooth is missing from

any section;

(ii) no 2 adjacent teeth are missing;

(iii) all leading edges of teeth are below

the upper surface of the step treads;

and all combplates that do comply must immediately

be replaced or adjusted;

(

f) where skirt panels do not conform with Requirement

c6.1.3.3.6(c), a friction-reducing agent must be applied as required to

prevent excessive friction;

(

g) step treads and risers must be checked for wear,

breakage and loose screws and when necessary corrective actions must be

taken;

(

h) checks must be made to ensure that all caution

signs as required by Requirement 6.1.6.9 are posted;

(

i) operation of the broken step-chain as required by

Requirement 6.1.6.3.3 must be tested by operating the actuating device by

hand;

(

j) operation of the broken drive-chain device as

required by Requirement 6.1.6.3.4, where a drive-chain is used, must be

tested by operating the actuating device by hand;

(

k) the step obstruction device must be tested for

compliance with Requirement 6.1.6.3.6;

(

l) if a speed governor is required by Requirement

6.1.6.3.2, the governor must be examined and the switch tested by operating

it by hand;

(

m) the stop-switch in the machinery space must be

checked for compliance with Requirement 6.1.6.3.5;

(

n) the anti-reversal mechanism switch must be checked

for compliance with Requirement 6.1.6.3.8;

(

o) the step upthrust devices must be checked for

compliance with Requirement 6.1.6.3.9;

(

p) the brakes must be tested for compliance with

Requirement 6.1.5.3.1;

(

q) the clearance between successive steps as a means

to indicate wear or stretch of the step-chains must be checked. If this

clearance exceeds the distance prescribed in the applicable code,

corrective action must be taken to reduce the clearance immediately.

8.6.12.12 Repairs and Replacement

8.6.12.12.1 Replacement Parts and Quality of Work

8.6.12.12.1.1 Replacement Parts or Components

Unless otherwise required in 8.6.12.13, any repair and

replacement of damaged or worn parts or components shall be with parts of

material and strength equivalent to or better than the original

manufacturer's design. Any change in the design of components, other than

those specified in 8.6.12.13 or 8.7, that might affect the safe operation

of the equipment shall be certified for use by a Professional Engineer.

Copy of Certification shall be retained by the contractor and recorded in

the log book.

8.6.12.12.1.2 Quality of Work

Repair and replacement must be done in a competent manner.

Care should be taken during operations such as torquing, drilling, cutting

and welding to ensure that no component of the assembly is damaged or

weakened so as to affect the safe operation of the equipment. Rotating

parts shall be properly aligned within the manufacturer's design

tolerances.

8.6.12.12.2 Refastening or Resocketing of Car-Hoisting Ropes on

Winding-Drum Machines

8.6.12.12.2.1

The hoisting ropes of elevators or dumbwaiters that have

winding-drum driving machines with 1:1 roping, if of the babbitted rope

socket type, shall be resocketed, or other types of fastenings replaced or

moved on the rope to a point above the existing fastening at the car ends,

at intervals no longer than

(a) 1 year, for machines located over the hoistway, and

(b) 2 years, for machines located below or at the side

of the hoistway.

8.6.12.12.2.2

When resocketing babbitted rope sockets or replacing other

types of fastenings, a sufficient length shall be cut from the end of the

rope to remove damaged or fatigued portions. The fastenings must conform

to the requirements of 2.20.9.4.

8.6.12.12.2.3

A legible metal tag shall be securely attached to one of the

wire rope fastenings after each resocketing or each change to other types

of fastenings and shall bear the following information:

(

a) the name of the person or firm who performed the

resocketing or changed the types of fastenings;

(

b) the date on which the rope was resocketed or the

types of fastenings were changed.

8.6.12.12.3 Procedure for Replacement of Governor Ropes

8.6.12.12.3.1

Replacement governor ropes shall be of the same size, material

and construction as the rope originally furnished by the elevator

manufacturer. Related tests shall be performed.

8.6.12.12.3.2

A new rope data tag conforming to 2.20.2.2 shall be installed

at each rope renewal and the date of the rope replacement and the data from

the tag shall be recorded in the log book for the device.

8.6.12.12.4 Procedure for Replacement of All Ropes Other Than

Governor Ropes

8.6.12.12.4.1

Replacement ropes shall be specified by the original elevator

manufacturer or be at least equivalent in strength and design to the

original ropes.

8.6.12.12.4.2

When replacing suspension, compensating and car or drum

counterweight ropes, all ropes in a set shall be replaced. The ropes in

the set shall all be from the same manufacturer and of the same material,

grade, construction and diameter.

8.6.12.12.4.3

A new rope data tag conforming to 2.20.2.2 shall be installed

at each rope renewal and the date of the rope replacement and the data from

the tag shall be recorded in the log book for the device.

8.6.12.12.4.4

For runby and clearances, refer to 8.6.3.3.3.

8.6.12.12.5 Procedure for Replacement of Belts or Chain Sets

If one belt or entire chain of a set is worn or stretched

beyond the manufacturer's service recommendation or is damaged so as to

require replacement, the entire set shall be replaced. Sprockets and

toothed sheaves shall also be replaced if worn beyond the manufacturer's

service recommendation.

8.6.12.13 Replacement of Specific Elevator Components

8.6.12.13.1 General

Replacement of elevator components specified in 8.6.12.13.2 to

8.6.12.13.7 shall constitute an alteration and shall comply with

requirements specified therein and also applicable requirements in 8.7.1.3.

8.6.12.13.2 Replacement of Driving Machine

Where a driving machine is replaced, the installation must

conform to the requirements specified in 8.7.2.25.1(a).

8.6.12.13.3 Replacement of Controller

8.6.12.13.3.1 Elevator Controller

Where an elevator controller is replaced it must conform to the

requirements specified in 8.7.2.27.4(

a) or 8.7.3.31.5(a), whichever is

applicable.

8.6.12.13.3.2 Door Controller

When a controller for operation of the hoistway doors, car

doors or gates is replaced, the replacement controller and wiring must

conform to the requirements of 2.26.4.1 and 2.26.4.2.

8.6.12.13.4 Replacement of Hydraulic Jack, Plunger, Cylinder

8.6.12.13.4.1

Where a hydraulic jack is replaced, the replacement jack must

conform to Requirement 3.18.

8.6.12.13.4.2

Where a plunger is replaced, the replacement plunger must

conform to 3.18.1.2 and 3.18.2.

8.6.12.13.4.3

Where a cylinder is replaced, the replacement cylinder must

conform to the requirements specified in 8.7.3.23.3.

8.6.12.13.5 Replacement Valves, Supply Piping and Fittings

8.6.12.13.5.1

Where a control valve is replaced it must conform to the

requirements of 3.19.

8.6.12.13.5.2

Where relief or check valves or the supply piping or fittings

are replace, the components replaced must conform to the applicable

requirements of 3.19.

8.6.12.13.5.3

Where electrically operated control valves are installed in

place of existing mechanically operated valves, for rated speeds of more

than 0.5 m/s (100 ft/min), retention of existing terminal-stopping devices

consisting of an automatic stop valve independent of the normal control

valve and operated by the movement of the car as it approaches the

terminals, where provided, shall be permitted.

8.6.12.13.6 Replacement of Tanks

Where a tank is replaced it must conform to the requirements of

3.24.

8.6.12.13.7 Requirement of Anti-Creep Levelling Device

Where an anti-creep levelling device is replaced, it must

conform to the requirements of 3.26.3.1.

Repeal

5(1) The Elevating Devices Codes Regulation (AR 216/97) is repealed.

(2) The Regulations Governing the Construction, Operation, Maintenance and

Inspection of Inclined Passenger Lifts (AR 338/62) are repealed.

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, 2013.

Coming into force

7 This Regulation comes into force on August 1, 2003.

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

Alberta Regulation 241/2003

Alberta Science and Research Authority Act

ALBERTA SCIENCE AND RESEARCH AUTHORITY GRANT

AMENDMENT REGULATION

Filed: July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 350/2003) on July 22, 2003

pursuant to

section 14 of the Alberta Science and Research Authority Act.

1 The Alberta Science and Research Authority Grant Regulation (AR 179/99)

is amended by this Regulation.

Section 10 is amended by striking out "2003" and substituting "2008".

Alberta Regulation 242/2003

Judicature Act

JUSTICES OF THE PEACE COMPENSATION

COMMISSION REGULATION

Filed: July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 352/2003) on July 22, 2003

pursuant to

section 42 of the Judicature Act.

Table of Contents

Definitions 1

Role of the Commission 2

Establishment of the Commission 3

Commission membership 4

Commission expenses 5

Scope of the inquiry 6

Presentation of the report 7

Presentation of the report to the Lieutenant Governor in Council 8

Effective date 9

Effect of recommendations 10

Public notice of inquiry 11

Pre-inquiry procedure 12

Inquiry procedure 13

Criteria 14

Amended report 15

Review 16

Communication 17

Costs 18

Judicial review 19

Notice 20

Effect of regulation 21

Expiry 22

Repeal 23

Definitions

1 In this Regulation,

(a) "Association" means the representative of the justices of the

peace designated in a writing delivered to the Minister and signed by 2 or

more justices of the peace claiming authorization to designate a

representative of the justices of the peace;

(b) "Commission" means the 2003 Alberta Justices of the Peace

Compensation Commission appointed under

section 3;

(c) "justices of the peace" means

(

i) sitting justices of the peace as defined in the

Justice of the Peace Act, and

(ii) presiding justices of the peace as defined in the

Justice of the Peace Act;

(d) "minister" means any minister of the Crown;

(e) "Minister" means the Minister of Justice and Attorney General;

(f) "reasons" means an explanation in writing that meets the

justification standard under the Constitution of Canada used to evaluate

decisions of a government to depart from a recommendation of an independent

body regarding judicial compensation;

(g) "report" means the report of the Commission presented to the

Minister and the Association under

section 7 and any amended report

presented to the Minister and the Association under

section 15.

Role of the Commission

2(1) The Commission must make recommendations respecting the compensation

of justices of the peace.

(2) The Commission must determine issues relating to compensation of

justices of the peace independently, effectively and objectively.

(3) The Commission is to contribute to maintaining and enhancing the

independence of the justices of the peace through the inquiry process and

its report.

Establishment of the Commission

3(1) The 2003 Alberta Justices of the Peace Compensation Commission

consists of

(

a) one member appointed by the Minister on nomination by the

Association,

(

b) one member appointed by the Minister, and

(

c) one member appointed by the Minister on nomination by the

members appointed under clauses (

a) and (b).

(2) The member appointed under subsection (1)(

c) is the chair of the

Commission.

(3) If a member resigns or is unable for any reason to discharge the

responsibilities of a member, the Minister must appoint a replacement

member but in the case of a member appointed under subsection (1)(

a) or (

c) only after receiving a nomination in accordance with subsection (1).

Commission membership

4 Active judges, justices of the peace, members of the Legislative

Assembly, members of other boards and commissions appointed by the

Lieutenant Governor in Council or by a minister, persons who hold office by

way of an appointment by the Lieutenant Governor in Council or by a

minister and employees, as defined in the Public Service Act, may not be

members of the Commission.

Commission expenses

5(1) The Crown must pay the Commission all reasonable expenses incurred by

the Commission in conducting an inquiry and preparing a report.

(2) A member of the Commission is entitled to compensation and

reimbursement for expenses as determined by the Minister.

Scope of the inquiry

6 The Commission must conduct an inquiry respecting the appropriate level

of compensation for justices of the peace who serve on a full time, part

time or ad hoc basis.

Presentation of the report

7 The Commission must present a report to the Minister and the

Association at a time determined by the Minister.

Presentation of the report to the Lieutenant Governor in Council

8 Within 90 days of the presentation of a report under

section 7 or an

amended report under

section 15, whichever is the later, the Minister must

place the report before the Lieutenant Governor in Council, obtain its

decision, and if any of the recommendations in the report are not accepted,

ensure that reasons are provided.

Effective date

9 The effective date of any recommendations in a report is April 1, 2003

and is for the period April 1, 2003 to March 31, 2006.

Effect of recommenda-tions

10(1) Subject to subsection (2), a recommendation in a report is binding

on the Crown.

(2) A recommendation that is not accepted in whole or in

part in reasons

issued by the Lieutenant Governor in Council and delivered to the

Association within 90 days of the date the report under

section 7 or an

amended report under

section 15, whichever is later, is not binding on the

Crown.

Public notice of inquiry

11 The Commission must give public notice of the commencement of its

inquiry as it considers necessary and the notice must advise of the closing

date for written submissions.

Pre-inquiry procedure

12 At the earliest opportunity, prior to the commencement of the inquiry,

the Minister and the Association must meet with the Commission to address

any preliminary matters that may arise and any other matters that the

Commission considers advisable.

Inquiry procedure

13(1) Subject to this section, the Commission may determine its own

inquiry procedure.

(2) The Minister and the Association must provide the Commission with an

agreed statement of facts and an agreed list of exhibits to be filed, to

the extent that they have been able to agree on them.

(3) The Commission may record any inquiry proceedings and must provide

transcripts to those who request them and pay the required fee.

(4) The Commission may accept such evidence as is relevant to the

determination of the issues and is not required to adhere to the rules of

evidence applicable to courts of civil or criminal jurisdiction.

(5) Any member of the public is entitled to attend the inquiry and to make

written submissions to the Commission.

(6) The Commission may, after hearing from the Minister and the

Association, choose to limit to written submissions any submission from an

individual justice of the peace.

(7) The Commission may, after hearing from either the Minister or the

Association, grant leave to any member of the public to make oral

submissions.

(8) The Commission may require the attendance of any person who has filed

a written submission and may require that person to respond to any

questions from either the Minister or the Association, as well as from the

Commission.

(9) If any person fails to appear when required to do so or to respond to

questions as directed, the Commission may ignore the written submissions of

the person who fails to appear or respond to a question as directed.

(10) The Commission may on application direct the Minister and the

Association to produce documents not subject to privilege.

(11) The testimony of witnesses must be under oath or affirmation.

(12) The Commission may not award costs for written submissions but may

award the reasonable travel, accommodation and meal expenses of anyone

required by the Commission to attend.

(13) Any one requesting copies of any written submissions to the

Commission is entitled to receive a copy of the submissions on payment of a

reasonable fee.

(14) The recommendations in a report must be based solely on the evidence

submitted to the Commission.

Criteria

14 The Commission, in making the recommendations in its report, must

consider the following criteria:

(

a) the constitutional law of Canada;

(

b) the need to maintain the independence of the justices of the

peace;

(

c) the unique nature of the role of justices of the peace;

(

d) the need to attract qualified applicants;

(

e) the compensation other justices of the peace in Canada receive;

(

f) the growth and decline in real per capita income;

(

g) the need to provide fair and reasonable compensation for

justices of the peace in light of prevailing economic conditions in Alberta

and the overall state of the economy;

(

h) the cost of living index and the position of the justices of

the peace relative to its increases;

(

i) the nature of the jurisdiction of justices of the peace;

(

j) the current financial position of the government;

(

k) any other factors relevant to the matters in issue.

Amended report

15(1) The Commission may amend its report presented under

section 7 after

reviewing the submissions of the Minister and the Association if

(

a) the Commission is satisfied that its report

(

i) failed to deal with an issue raised during the

inquiry, or

(ii) contains an obvious error,

and

(

b) the Minister or the Association requests that the Commission

amend its report within 15 days of receipt of the report under

section 7.

(2) Within 7 days of receipt of a request under subsection (1), the

Commission must either present an amended report to the Minister and the

Association or inform the Minister and the Association that no amended

report will be presented.

(3) An amended report under subsection (2) may only differ from the report

presented under

section 7 so far as is necessary to deal with the matters

under subsection (1).

Review

16 The Minister and the Association may meet at any time to discuss

improvements to the Commission inquiry process.

Communica-tion

17(1) The Minister must advise the Association of any changes made to the

compensation of justices of the peace after the presentation of a report

under

section 7 or an amended report under

section 15 within 14 days of the

Lieutenant Governor in Council's decision to change the compensation of the

justices of the peace and the Association must inform the justices of the

peace of any change.

(2) The Minister must provide the Association with one updated copy of the

legislation, regulations or schedules related to changes described in

subsection (1).

(3) The Association must provide the justices of the peace with updated

copies of legislation, regulations or schedules as necessary.

Costs

18 The Commission may order the Crown to pay the reasonable costs

incurred by the Association in making its submissions to the Commission.

Judicial review

19(1) If

(

a) the Lieutenant Governor in Council makes a decision to not

accept one or more of the recommendations in whole or in

part contained in

the report, and

(

b) the Association or any justice of the peace brings an

application for judicial review of that decision and the application is

successful,

the Lieutenant Governor in Council has 90 days from the day that the

application is granted to reconsider the report's recommendations in

accordance with the directions, if any, of the Court.

(2) If an application for judicial review is successful, the report is not

deemed to be binding on the Crown solely because the reasons given by the

Lieutenant Governor in Council for not accepting one or more of the

recommendations in whole or in part were found to be inadequate by the

Court.

Notice

20(1) If notice is required to be given to the Crown or the Minister,

(

a) it must be given by leaving a written copy of the notice at the

legislative office of the Minister, or

(

b) if the Crown or the Minister gives notice in writing of the

appointment of counsel, it may be given by service on counsel as provided

for in the Alberta Rules of Court.

(2) If notice is required to be given to the Association, it must be given

by service on counsel as provided for in the Alberta Rules of Court.

(3) Within 7 days of the date this Regulation comes into force, the

Association must give the Minister notice of the appointment of counsel.

Effect of regulation

21 This Regulation only has effect for the Commission appointed in 2003.

Expiry

22 This Regulations expires on March 31, 2006.

Repeal

23 The Justices of the Peace Compensation Commission Regulation (AR

8/2000) is repealed.

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

Alberta Regulation 243/2003

Public Health Act

NUISANCE AND GENERAL SANITATION REGULATION

Filed: July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 354/2003) on July 22, 2003

pursuant to

section 66 of the Public Health Act.

Table of Contents

Definitions 1

Part 1

Nuisance

General

Prohibition 2

Duty to inquire 3

Disposal of things 4

Toilet Facilities

Location, maintenance, etc. 5

Privies at fairs, etc. 6

Indoor toilet facilities 7

Waste Storage and Removal

Storage of garbage and refuse 8

Garbage at fairs, etc. 9

Disposal of Dead Animals

Disposal of dead animals 10

Part 2

Potable Water

Water Supplies

Water must be potable 11

Maintenance of equipment 12

Water tanks 13

Cisterns 14

Wells

Location and maintenance of wells 15

Part 3

Public Beaches

Water quality standards 16

Notice 17

Part 4

Repeals and Expiry

Repeal 18

Expiry 19

Schedule

Definitions

1 In this Regulation,

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

(b) "beach" means any natural body of water intended by the

operator to be used for recreational swimming or bathing, and includes the

shore, grounds, buildings and equipment used in connection with the body of

water;

(c) "constructed beach" means a body of water that

(

i) is artificially created,

(ii) has a depth of more than 600 millimetres at any

point, and

(iii) has as its principal intended use recreational

swimming or bathing,

and includes the shore, grounds, buildings and equipment used

in connection with the body of water, but does not include a swimming pool

or wading pool as defined under the Swimming Pool Regulation (AR 247/85);

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

meaning of

section 9 or 16 of the Act;

(e) "health region" means a health region established under the

Regional Health Authorities Act;

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

or dangerous to the public health, or that might hinder in any manner the

prevention or suppression of disease;

(g) "owner", with respect to land or a premises, means the

registered owner and any person in the actual or apparent possession or

control of the land or premises;

(h) "potable water" means water that is safe for human consumption.

PART 1

NUISANCE

General

Prohibition

2(1) No person shall create, commit or maintain a nuisance.

(2) Without limiting the generality of subsection (1), a person who

creates, commits or maintains

(

a) any premises in a condition that

(

b) any street, pool, ditch, gutter, watercourse, sink, cistern,

water closet, privy, urinal, cesspool or drain in a condition that

(

c) any well, spring or other water supply, or any ice supply in a

condition that

(

d) any stable or other building in which birds or animals are kept

in such a manner or in such numbers that it

(

e) any accumulation or deposit of offensive matter, waste or

manure wherever situated, that

(

f) any work, trade or business so situated that

(

g) any chimney emitting smoke or other aerosol in a quantity or in

a manner that

(

h) any building that, due to

(

i) its not being in a clean state,

(ii) the presence in it of noxious vapours or odours

arising from any drain, water closet or urinal, or

(iii) lack of ventilation in it sufficient to render

harmless any gases, vapours, dust or other impurities generated in it,

is or might become injurious or dangerous to the public health or that

might hinder in any manner the prevention or suppression of disease is

deemed to have created, committed or maintained a nuisance.

Duty to inquire

3 An executive officer who receives a complaint alleging the existence of

a nuisance in the health region in which that person is designated an

executive officer shall inquire into the substance of the complaint.

Disposal of things

4 Where, pursuant to

section 62 of the Act, an executive officer abates

or removes or orders the abatement or removal of any thing that is or is

likely to become a nuisance, the executive officer may dispose of the thing

in any manner the executive officer considers proper, and the owner of the

thing has no claim in respect of it.

Toilet Facilities

Location, maintenance, etc.

5 The owner of an outdoor privy shall ensure that

(

a) the outdoor privy

(

i) is located and maintained so that no nuisance is

created,

(ii) is maintained in a clean and sanitary condition and

in good working order, and

(iii) is protected so that vermin do not have access to

the contents,

and

(

b) in the case of an outdoor pit privy, the contents are covered

with earth or other suitable material when the outdoor pit privy is

abandoned or removed.

Privies at fairs, etc.

6(1) The operator of a fair, exhibition, sport day, festival, social,

concert, carnival or other similar gathering shall ensure that

(

a) temporary outdoor privies are provided at the event in the

number determined in accordance with the Schedule, and

(

b) hand washing facilities are provided at or near the outdoor

privies.

(2) Subsection (1) only applies

(

a) where other toilet facilities are not provided at the event, or

(

b) where other toilet facilities are provided at the event but are

fewer in number than the number required by the Schedule, in which case

temporary outdoor privies must be used to supplement the other facilities

to the total number required by the Schedule.

Indoor toilet facilities

7 The owner of a public place at which toilet facilities are provided

shall ensure that

(

a) the toilet facilities are installed and maintained so that they

are accessible to the persons for whom they are intended,

(

b) the toilet facilities are maintained in a clean and sanitary

condition and in good working order, and

(

c) hand washing facilities are provided at or near the toilet

facilities.

Waste Storage and Removal

Storage of garbage and refuse

8(1) Subject to subsection (4), any person having garbage or refuse to

dispose of shall keep it, until it is collected for final disposal, in

flyproof and waterproof containers constructed in accordance with this

section.

(2) Garbage and refuse must be held in containers constructed of metal or

other substantial and impervious material.

(3) Where plastic bags are used to keep garbage or refuse, other than lawn

cuttings or similar material, the plastic bags must be properly closed and

held in cleanable enclosures made from suitable substantial material.

(4) Subsections (1) to (3) do not apply where there is a municipal bylaw

in effect respecting the matters dealt with by those subsections.

Garbage at fairs, etc.

9 The operator of a fair, exhibition, sport day, festival, social,

concert, carnival or other similar gathering shall ensure that

(

a) the grounds are provided with receptacles for garbage and

refuse in a number, of a type and located so as to adequately meet the

needs of the event, and

(

b) garbage and refuse are removed from the grounds in a timely

manner.

Disposal of Dead Animals

Disposal of dead animals

10 Where an animal dies or is accidentally killed and the owner or person

in possession of the animal is unknown, cannot be found or neglects to

dispose of it, an executive officer may, by notice in writing, require the

municipality in which the carcass is located to immediately dispose of it.

PART 2

POTABLE WATER

Water Supplies

Water must be potable

11 Where a person provides a source of water that the person intends to

be used or realizes or ought to realize will be used by the public for

human consumption, the person shall ensure that the water is potable.

Maintenance of equipment

12 Where under any law a potable water supply is required to be provided

in or at any public place, the owner of the public place shall ensure that

the equipment used for the transmission, treatment and storage of the water

is maintained in adequate operating condition and in a clean and sanitary

condition.

Water tanks

13(1) The owner of a water tank or other receptacle on a vehicle used to

hold a potable water supply for delivery for consumption by the public

shall ensure that the tank or other receptacle

(

a) is maintained in a clean and sanitary condition, and

(

b) is not used for any other purpose.

(2) A person supplying or delivering a potable water supply for

consumption by the public by means of a tank or receptacle referred to in

subsection (1) shall ensure that

(

a) the water is protected from contamination, and

(

b) the pumps, hoses and other equipment used in the supply or

delivery are maintained and operated in a clean and sanitary condition.

Cisterns

14 The owner of a cistern that is used to hold a potable water supply

intended for consumption by the public shall ensure that the cistern

(

a) is maintained in a clean and sanitary condition, and

(

b) is not used for any other purpose.

Wells

Location and maintenance of wells

15(1) No person shall locate a water well within

(a) 10 metres of any watertight septic tank, pump out tank or other

watertight compartment of a sewage or waste water system,

(b) 15 metres of a weeping tile field, an evaporative treatment

mound or an outdoor pit privy,

(c) 30 metres of a leaching cesspool,

(d) 50 metres of sewage effluent on the ground surface,

(e) 100 metres of a sewage lagoon, or

(f) 450 metres of any area where waste is or may be disposed of at

a landfill within the meaning of the Waste Control Regulation (AR 192/96).

(2) No person shall

(

a) locate a watertight septic tank, pump out tank or other

watertight compartment of a sewage or waste water system within 10 metres

of a water well,

(

b) locate a weeping tile field, an evaporative treatment mound or

an outdoor pit privy within 15 metres of a water well,

(

c) deposit sewage effluent on the ground surface within 50 metres

of a water well,

(

d) locate a sewage lagoon within 100 metres of a water well, or

(

e) locate a landfill so that an area where waste is or may be

disposed of is located within 450 metres of a water well.

PART 3

PUBLIC BEACHES

Water quality standards

16(1) No person shall operate or permit the operation of a beach or

constructed beach unless the water quality in the swimming or bathing area

meets at least one of the following standards:

(

a) the geometric mean of bacteriological counts from not fewer

than 5 samples of water from the swimming or bathing area taken over a

30-day period does not exceed 200 faecal coliforms per 100 millilitres of

water, calculated in accordance with the following formula:

geometric mean =

where x is the bacteriological count per 100 millilitres of

water in each sample and n is the number of samples;

(

b) no 2 consecutive samples of water from the swimming or bathing

area have a bacteriological count in excess of 400 faecal coliforms per 100

millilitres of water.

(2) Subsection (1) applies whether or not a fee or other charge is imposed

in respect of the swimming or bathing.

Notice

17 Where the water quality in swimming or bathing areas of a beach or

constructed beach does not comply with

section 16(1), an executive officer

may erect a notice or require the owner or operator to erect a notice to

the effect that the beach or constructed beach is unfit for swimming or

bathing.

PART 4

REPEALS AND EXPIRY

Repeal

18 The Nuisance and General Sanitation Regulation (AR 242/85) is

repealed.

Expiry

19 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 September 1, 2012.

SCHEDULE

Section 6

Number of Minimum Number of

Persons Temporary Outdoor Privies

1 - 25 1

Number of Persons

of Each Sex Male Female

26 - 50 1 2

51 - 75 2 3

76 - 100 2 4

101 - 150 3 5

151 - 200 4 6

201 - 300 5 7

301 - 400 6 8

over 400 7 plus 1 for each 9 plus 1 for each

additional 200 additional 150

For the purposes of this Schedule, unless the actual proportion of each sex

attending the event can reasonably be anticipated, it shall be considered

that attendance will be equally divided between the sexes.

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

Alberta Regulation 244/2003

Marketing of Agricultural Products Act

ALBERTA WINTER WHEAT PRODUCERS MARKETING

PLAN AMENDMENT REGULATION

Filed: July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 355/2003) on July 22, 2003

pursuant to

section 23 of the Marketing of Agricultural Products Act.

1 The Alberta Winter Wheat Producers Marketing Plan Regulation (AR

112/99) is amended by this Regulation.

Section 1(

p) is amended by repealing subclause (ii) and substituting

the following:

(ii) is the winter annual form of common wheat (TRITICUM

AESTIVUN L. em THELL) and includes all Red Winter Wheat and White Winter

Wheat cultivars including all eligible grades of Winter Wheat as specified

by the Canadian Grain Commission standards.

Section 22(2)(

c) is amended by striking out "30" and substituting "15".

Section 24 is amended

(

a) in subsection (1) by striking out "in the case of regions 1 to

5,";

(

b) by repealing clause (

b) and substituting the following:

(

b) one director who carries out production of the

regulated product in one or more regions and is elected at large at the

annual Commission meeting from among the producers.

Section 27 is amended

(

a) in subsection (2)

(

i) in clause (

a) by striking out "region 6" and

substituting "the producers at large";

(ii) in clause (

c) by striking out "region 2 and one

director to represent region 6" and substituting "regions 2 and 6";

(

b) in subsection (4) by striking out "2" and substituting "3".

Section 29 is amended

(

a) in subsection (1) by striking out "5" and substituting "6";

(

b) by repealing subsection (2) and substituting the following:

(2) Notwithstanding

section 37(3)(a), to be eligible for election as

a director to represent the producers at large, an eligible producer must

carry on production of the regulated product in one or more of the regions.

Section 42 is amended by striking out "2003" and substituting "2010".

8 The

Schedule is repealed and the

Schedule to this Regulation is

substituted.

9(1) In this section,

(a) "amended Plan" means the Plan as amended by this Regulation;

(b) "board" means the board of directors of the Alberta Winter

Wheat Producers Commission;

(c) "director" means a person who immediately before the coming

into force of this Regulation held office under the Plan as a director;

(d) "former region" means a region under the Plan that existed

immediately before the coming into force of this Regulation;

(e) "new region" means a region provided for under the amended

Plan;

(f) "the Plan" means the Alberta Winter Wheat Producers Marketing

Plan that was amended, revised and continued under Alberta Winter Wheat

Producers Marketing Plan Regulation (AR 112/99).

(2) On the coming into force of this Regulation,

(

a) the directors continue, subject to this section, to hold office

as directors under the amended Plan until their terms of office expire or

the successors to their positions are sooner elected or they are replaced

under the amended Plan;

(

b) the director for the former Region 1 becomes the director for

the new Region 1;

(

c) the director for the former Region 3 becomes the director for

the new Region 2;

(

d) the director for the former Region 4 becomes the director for

the new Region 3;

(

e) the director for the former Region 5 becomes the director for

the new Region 4;

(

f) the board shall designate one of the directors for the former

Region 6 as the director for the new Region 5 and the other director for

the former Region 6 as the director to represent the producers at large;

(

g) the position of director for the new Region 6 is deemed to be

vacant and the board shall, with the approval of the Alberta Agricultural

Products Marketing Council,

(

i) appoint an individual to fill that position from

among the eligible producers under the amended Plan who would be eligible

to be elected to that position, and

(ii) prescribe the term of office for the position

filled under subclause (i);

(

h) the board may, notwithstanding when a director's term of office

is to expire under the amended Plan, shorten or increase the period of time

during which the director's term of office is to continue in order to

permit elections for directors to be conducted in accordance with

section

27 of the amended Plan.

SCHEDULE

BOUNDARIES OF THE REGIONS

1 Region 1 is comprised of the area that is included within the following

boundaries:

Western Boundary: Alberta-British Columbia border;

Southern Boundary: 49th Parallel;

Eastern Boundary: Highway #4 north to intersect with

Highway #36 and then north on Highway #36 to Taber;

Northern Boundary: Highway #3.

2 Region 2 is comprised of the area that is included within the following

boundaries:

Western Boundary: Highway #4 north to intersect with

Highway #36 and then north on Highway #36 to Taber;

Southern Boundary: 49th Parallel;

Eastern Boundary: Alberta-Saskatchewan border;

Northern Boundary: Highway #3 east to intersect with

Highway #1 and then east on Highway #1 to the

Alberta-Saskatchewan border.

3 Region 3 is comprised of the area that is included within the following

boundaries:

Western Boundary: Highway #36;

Southern Boundary: Highway #3 east to intersect with

Highway #1 and then east on Highway #1 to the

Alberta-Saskatchewan border;

Eastern Boundary: Alberta-Saskatchewan border;

Northern Boundary: Highway #9.

4 Region 4 is comprised of the area that is included within the following

boundaries:

Western Boundary: Alberta-British Columbia border;

Southern Boundary: Highway #3;

Eastern Boundary: Highway #36;

Northern Boundary: Highway #9 west to intersect with

Highway #1 and then west on Highway #1 to the Alberta-British

Columbia border.

5 Region 5 is comprised of the area that is included within the following

boundaries:

Western Boundary: Alberta-British Columbia border;

Southern Boundary: Highway #9 west to intersect with

Highway #1 and then west on Highway #1 to the Alberta-British

Columbia border;

Eastern Boundary: Highway #56 north to intersect with

Highway #26 then west on Highway #26 to intersect with Highway

#21 then north to Fort Saskatchewan to intersect with Highway #37 then west

on Highway #37 to intersect with Highway #28A then east on Highway #28/28A

to the Alberta-Saskatchewan border;

Northern Boundary: Alberta-Northwest Territories border.

6 Region 6 is comprised of the area that is included within the following

boundaries:

Western Boundary: Highway #56 north to intersect with

Highway #26 then west on Highway #26 to intersect with Highway

#21 then north to Fort Saskatchewan;

Southern Boundary: Highway #9;

Eastern Boundary: Alberta-Saskatchewan border;

Northern Boundary: Highway #28/28A.

Alberta Regulation 245/2003

Employment Pension Plans Act

EMPLOYMENT PENSION PLANS AMENDMENT REGULATION

Filed: July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 357/2003) on July 22, 2003

pursuant to

section 87 of the Employment Pension Plans Act.

1 The Employment Pension Plans Regulation (AR 35/2000) is amended by this

Regulation.

Section 1 is amended

(

a) in subsection (1)

(

i) in clause (

d) by striking out "3.1" and

substituting "4";

(ii) in clause (

h) by striking out "35(2)" and

substituting "44(2)";

(

b) in subsection (2) by striking out "1(1)(

j) and (q)" and

substituting "1(1)(

l) and (u)";

(

c) in subsection (3) by striking out "1(1)(m.1)" and substituting

"1(1)(p)";

(

d) in subsection (4) by striking out "1(1)(s.1)" and substituting

"1(1)(x)";

(

e) in subsection (5) by striking out "1(1)(z)" and substituting

"1(1)(gg)";

(

f) in subsection (6) by striking out "1(1)(aa.1)" and substituting

"1(1)(ii)";

(

g) in subsection (7) by striking out "1(1)(ee.1)(i)" and

substituting "1(1)(nn)(i)";

(

h) in subsection (8) by striking out "1(1)(ee.1)(ii)" and

substituting "1(1)(nn)(ii)";

(

i) in subsection (9) by striking out "1(1)(qq)(i.1)" and

substituting "1(1)(ccc)(ii)";

(

j) by repealing subsection (10) and substituting the following:

(10) For the purposes of

section 2(1) of the Act, the purposes

of the Act prescribed relate to the

interpretation of sections 1(1)(m),

(n), (

o) and (

y) and (3), 31, 32, 34, 35(6) and (13), 37(2) and 38(1) of

the Act.

Section 2 is amended

(

a) in subsection (1)

(

i) in clause (

m) by striking out "44.1(1)(c)" and

substituting "58(1)(c)";

(ii) in clause (p)(

i) by striking out "42(1)" and

substituting "55(1)";

(iii) in clause (p)(ii) by striking out "1(1)(e)(i)(A)"

and substituting "1(1)(h)(i)(A)";

(iv) in clause (

q) by striking out "6(4)" and

substituting "13(4)";

(

b) in subsection (3)

(

i) in clause (

a) by striking out "27(1) or (2) or

44.7(2)" and substituting "35(1) or (2) or 64(2)";

(ii) in clause (

d) by striking out "22.1(5)" and

substituting "30(5)";

(

c) in subsection (4) by striking out "20" and substituting "27";

(

d) in subsection (5) by striking out "1.01(1)" and substituting

"2(1)".

Section 2.1 is repealed and the following is substituted:

Application of legislation to new Universities pension plan

2.1 The Act and this Regulation apply to the new pension plan

regulated under that legislation and called the "Universities Academic

Pension Plan" subject to the exemptions and other provisions that are

contained in

Schedule 0.1.

Section 4 is amended

(

a) by striking out "section 4" and substituting "section 9";

(

b) by repealing clause (

a) and substituting the following:

(

a) sections 8, 14(1), (2) and (3), 15(1) and (4),

19(1), 20(1), 23(2), 36(5), 45(1) and (2), 50(1), 73(1) and 76(3) and

(4) of the Act, and

Section 5(2) is amended by striking out "5.01(2)" and substituting

"11(2)".

Section 6 is amended

(

a) in subsection (1)

(

i) by striking out "7(3)(a)(ii)" and substituting

"14(3)(a)(ii)";

(ii) by striking out "12(1)" and substituting "19(1)";

(

b) in subsection (2) by striking out "12(1)" and substituting

"19(1)";

(

c) in subsection (4) by striking out "58(1)(c)" and substituting

"83(1)(c)".

Section 7 is amended by striking out "12(1)(a)" and substituting

"19(1)(a)".

Section 8 is amended

(

a) in subsection (1) by striking out "7(3)(a)(i)" and substituting

"14(3)(a)(i)";

(

b) by striking out "7(3)(a)(ii)" wherever it occurs and

substituting "14(3)(a)(ii)";

(

c) in subsection (2) by striking out "48(2)" and substituting

"73(2)".

Section 10(1) is amended by striking out "7(3)(b)" and substituting

"14(3)(b)".

Section 11 is amended

(

a) in subsection (1) by striking out "7(3)(c)" and substituting

"14(3)(c)";

(

b) in subsection (2) by striking out "7(3)(d)" and substituting

"14(3)(d)".

Section 12 is amended

(

a) by striking out "section 8(1)(a)" wherever it occurs and

substituting "section 15(1)(a)";

(

b) in subsection (1)(

b) by striking out "23(3)" and substituting

"31(4)".

Section 13(1) is amended

(

a) by striking out "8(1)(a)(ii)" and substituting "15(1)(a)(ii)";

(

b) in clause (

a) by striking out "28" and substituting "36".

Section 14(1) is amended

(

a) by striking out "section 8(1)(b)" and substituting "section

15(1)(b)";

(

b) in clause (

j) by striking out "30(3) or, if applicable, (4)"

and substituting "38(3) or, if applicable, (6)".

Section 15(1) is amended

(

a) by striking out "section 8(1)(c)" and substituting "section

15(1)(c)";

(

b) in clause (

g) by striking out "29(2)" wherever it occurs and

substituting "37(2)";

(

c) in clause (h)(ii) by striking out "32" and substituting "40".

Section 16(1) is amended

(

a) by striking out "section 8(1)(d)" and substituting "section

15(1)(d)";

(

b) in clause (f)(ii) by striking out "29(2)" and substituting

"37(2)";

(

c) in clause (h)(ii) by striking out "32" and substituting "40";

(

d) in clause (

k) by striking out "29(2)" and substituting "37(2)";

(

e) in clause (

n) by striking out "45(3.1)" and substituting

"70(5)".

Section 17(1) is amended

(

a) by striking out "8(1)(e)" and substituting "15(1)(e)";

(

b) in clauses (

e) and (

f) by striking out "29(2)" and substituting

"37(2)";

(

c) in clause (

g) by striking out "30(1)" and substituting "38(1)".

Section 18(2) is amended by striking out "23(3)" and substituting

"31(4)".

Section 19(1) is amended

(

a) by striking out "section 8(1)(f)" and substituting "section

15(1)(f)";

(

b) in clause (e)(ii) by striking out "31" and substituting "39".

Section 20 is amended by striking out "8(1)(g)" and substituting

"15(1)(g)"

Section 21 is amended by striking out "8(1)(h)" and substituting

"15(1)(h)".

Section 22 is amended

(

a) in subsection (1) by striking out "8(1)(i)" and substituting

"15(1)(i)";

(

b) by striking out "51(4)" wherever it occurs and substituting

"76(4)";

(

c) by striking out "51(3)" wherever it occurs and substituting

"76(3)".

Section 23 is amended

(

a) by striking out "8(1)(j)" and substituting "15(1)(j)";

(

b) by striking out "37.1(1)" and substituting "47(1)";

(

c) in clauses (

a) and (

b) by striking out "37.1" and substituting

"47".

Section 24(1) is amended by striking out "8(1)(k)" and substituting

"15(1)(k)".

Section 25 is amended

(

a) in subsection (1)

(

i) by striking out "8(4)(g)" and substituting

"15(4)(f)";

(ii) in clause (a)(

i) by striking out "8(1)(a)" and

substituting "15(1)(a)";

(iii) in clause (

c) by striking out "51(3)" and

substituting "76(3)";

(

b) in subsection (2) by striking out "8(4.l)" and substituting

"15(5)";

(

c) in subsection (3) by striking out "8(7)" and substituting

"15(9)".

Section 26 is amended by striking out "12(1)(a)(v)" and substituting

"19(1)(a)(iv)".

Section 27(2) and (3) are amended by striking out "13(1)" and

substituting "20(1)".

Section 28(1) is amended by striking out "21(1)(h)" and substituting

"28(1)(h)".

Section 29 is amended

(

a) in subsection (1)

(

i) by striking out "1(1)(e)(i)(B)" and substituting

"1(1)(h)(i)(B)";

(ii) in clause (

b) by striking out "7(3)(b)" and

substituting "14(3)(b)";

(

b) in subsection (2) by striking out "1(1)(e)(i)" and substituting

"1(1)(h)(i)";

(

c) in subsection (4) by striking out "18 and 19" and substituting

"25 and 26".

Section 30 is amended

(

a) in subsection (1)

(

i) by striking out "22(1)" and substituting "29(1)";

(ii) in clause (

i) by striking out "39(2)" and

substituting "49(2)";

(

b) in subsection (2) by striking out "22(1) and 22.1(3)(b)" and

substituting "29(1) and 30(3)(b)";

(

c) in subsection (3) by striking out "22" and substituting "29".

Section 31(2) is amended

(

a) by striking out "23(3)" and substituting "31(4)";

(

b) by striking out "16(1)" and substituting "23(1)".

Section 32 is amended

(

a) in subsection (1)

(

i) by striking out "27(3)" and substituting "35(3)";

(ii) by striking out "27(1) and (2)" and substituting

"35(1) and (2)";

(

b) in subsection (2) by striking out "27(11)" and substituting

"35(12)".

Section 33 is amended

(

a) in subsection (1) by striking out "28(4)" and substituting

"36(5)";

(

b) in subsection (2) by striking out "28(2) and (3.1)" and

substituting "36(2) and (4)";

(

c) in subsection (3) by striking out "28(1) and (3)" and

substituting "36(1) and (3)".

Section 34 is amended

(

a) by striking out "29(1)" wherever it occurs and substituting

"37(1)";

(

b) in subsection (2) by striking out "29(2)" and substituting

"37(2)".

Section 35 is amended

(

a) in subsection (1)(

a) by striking out "22.1(5), 30 or 31(6)" and

substituting "30(5), 38 or 39(6)";

(

b) in subsection (2) by striking out "57(3)" and substituting

"82(3)";

(

c) in subsection (5) by striking out "1(1)(e)(i)" and substituting

"1(1)(h)(i)".

Section 36 is amended by striking out "30(5)" and substituting

"38(7)".

Section 37 is amended by striking out "29(2), 30(1) and (2) or 31(6)

or (7)" and substituting "37(2), 38(1) and (2) or 39(6) or (7)".

Section 39 is amended

(

a) in subsection (1)(

a) by striking out "22.1(5), 30 or 31(6)" and

substituting "30(5), 38 or 39(6)";

(

b) in subsection (2)

(

i) in clause (h)

(

A) by striking out "22.1(5) or 30" and

substituting "30(5) or 38";

(

B) by striking out "3.1" and substituting

"4";

(ii) in clause (i)(

i) by striking out "31(6)" and

substituting "39(6)";

(

c) in subsection (10)(b)(iii) by striking out "30(2)(a)" and

substituting "38(2)(a)";

(

d) in subsection (10)(

h) by striking out "32" and substituting

"40";

(

e) in subsection (10)(

l) by striking out "3.1" and substituting

"4";

(

f) in subsection (12)

(

i) by striking out "37(3)" and substituting "46(3)";

(ii) by striking out "32" and substituting "40".

Section 40 is amended

(

a) in subsection (1) by striking out "30 or 31(6)" and

substituting "38 or 39(6)";

(

b) in subsection (2)(b)(ii)(

A) by striking out "22.1(5)" and

substituting "30(5)";

(

c) in subsection (3)(

e) by striking out "32" and substituting

"40".

Section 41 is amended

(

a) in subsection (1) by striking out "30 or 31(6)" and

substituting "38 or 39(6)";

(

b) in subsection (2)(b)(ii)(

A) by striking out "22.1(5)" and

substituting "30(5)".

Section 42(1) is amended by striking out "3.1" and substituting "4".

Section 43 is amended by striking out "32(4) and 37(5)" and

substituting "40(4) and 46(5)".

Section 44(1) is amended by striking out "33.1(1)(d)" and substituting

"42(1)(d)".

Section 45(1) and (2) are amended by striking out "37(1)" and

substituting "46(1)".

Section 46 is amended by striking out "37(3)" and substituting

"46(3)".

Section 47 is amended

(

a) in subsections (1) and (2) by striking out "37.1(1)" and

substituting "47(1)";

(

b) in subsection (6) by striking out "29" and substituting "37".

Section 48 is amended

(

a) in subsection (2) by striking out "38(2)" and substituting

"48(2)";

(

b) in subsections (4) and (5) by striking out "48(2)" and

substituting "73(2)";

(

c) in subsection (10)(b)(iv) by striking out "58" and substituting

"83";

(

d) in subsection (16) by striking out "16(1)" and substituting

"23(1)".

Section 49 is amended

(

a) in subsections (1) and (3) by striking out "40(2)" and

substituting "50(1)";

(

b) in subsection (3) by striking out "40(4)" and substituting

"50(3)".

Section 53(2)(

b) is amended by striking out "39(1)" and substituting

"49(1)".

Section 55 is amended

(

a) in subsection (1) by striking out "42(1)" and substituting

"55(1)";

(

b) by striking out "48(2)" wherever it occurs and substituting

"73(2)";

(

c) in subsection (2) by striking out "51(3)" and substituting

"76(3)";

(

d) in subsection (8) by striking out "7(3)(a)" and substituting

"14(3)(a)";

(

e) in subsection (9) by striking out "51(4)" and substituting

"76(4)".

Section 56 is amended

(

a) in subsection (1) by striking out "44.1(1)" and substituting

"58(1)";

(

b) in subsection (2)(

a) by striking out "44.1(1)(b)" and

substituting "58(1)(b)";

(

c) in subsection (2)(

b) by striking out "3.1" wherever it occurs

and substituting "4".

Section 57(

b) is amended by striking out "44.6(4)" and substituting

"63(4)".

Section 58 is amended

(

a) in subsection (1)

(

i) by striking out "44.5 and 44.7(3)" and substituting

"62 and 64(3)";

(ii) by striking out "section 44.5" and substituting

"section 62";

(

b) in subsection (2)(

b) by striking out "30(2)" and substituting

"38(2)".

Section 59(2) is amended by striking out "44.6(4)" and substituting

"63(4)".

Section 60 is amended by striking out "44.8" and substituting "66".

Section 61(1) and (2) are amended by striking out "44.9" and

substituting "68".

Section 62 is amended

(

a) by striking out "3.1" and substituting "4";

(

b) by striking out "63(a)" and substituting "88(a)".

Section 63 is amended

(

a) in subsection (1) by striking out "48(2)" and substituting

"73(2)";

(

b) in subsection (2) by striking out "48(3)" wherever it occurs

and substituting "73(3)";

(

c) in subsection (2)(

a) by striking out "51(3)" and substituting

"76(3)";

(

d) in subsection (2)(

b) by striking out "38" and substituting

"48".

Section 64 is amended by striking out "51(3)" and substituting

"76(3)".

Section 65 is amended

(

a) in subsection (2) by striking out "55" and substituting "80";

(

b) in subsection (4)(

a) by striking out "22" and substituting

"29";

(

c) in subsection (4)(

c) by striking out "27" and substituting

"35".

Section 66(1) and (4) are amended

(

a) by striking out "57(3)" and substituting "82(3)";

(

b) by striking out "57(4)" and substituting "82(4)".

Section 67 is amended

(

a) in subsection (1) by striking out "58(1)(b)" and substituting

"83(1)(b)";

(

b) by striking out "58(1)(c)" wherever it occurs and substituting

"83(1)(c)";

(

c) in subsection (2)(

b) by striking out "58(1)(a)" and

substituting "83(1)(a)";

(

d) in subsection (3) by striking out "58(2)" and substituting

"83(2)";

(

e) in subsection (9) by striking out "58(2)(b)" and substituting

"83(2)(b)".

Section 68 is amended

(

a) by repealing subsection (1)(

b) and substituting the following:

(

b) the Provincial Judges and Masters in Chambers

(Registered) and (Unregistered) Pension Plans;

(

b) in subsection (2)

(

i) by striking out "21(1)(

g) or 42(2)" and

substituting "28(1)(

g) or 55(2)";

(ii) by striking out "20" and substituting "27";

(

c) in subsection (3) by striking out "40(4)" and substituting

"50(3)";

(

d) in subsection (5)

(

i) by striking out "27(1)" and substituting "35(1)";

(ii) by striking out "22.1(5)" and substituting "30(5)";

(

e) in subsection (6)

(

i) in clause (a)

(

A) by striking out "23(3)" and

substituting "31(4)";

(

B) by striking out "16(1)" and

substituting "23(1)";

(ii) by striking out "27(1)" and substituting "35(1)";

(iii) by striking out "1(1)(t)" and substituting

"1(1)(y)";

(

f) in subsection (7)

(

i) by striking out "30(2)(c)(i)" and substituting

"38(2)(c)(i)";

(ii) by striking out "22.1(5)" and substituting "30(5)";

(

g) in subsection (8) by striking out "56(1)" and substituting

"81(1)".

64(1)

Schedule 0.1 is amended in accordance with this section.

(2) Section 1 is amended

(

a) in subsection (3) by adding ", except where reference is made

section 48(3) of the Act," before "are to";

(

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

(5) To any extent that any provision of the Act or this Regulation,

as it applies with respect to the Plan, is inconsistent with a provision of

an Order in Council made under

section 14(8)(

b) of

Schedule 3 to the Public

Sector Pension Plans Act, the latter provision prevails over the former.

(3) Section 3 is amended

(

a) by striking out "5.01(2)" wherever it occurs and substituting

"11(2)";

(

b) in subsection (2)(

a) by striking out "5.01(1)" and substituting

"11(1)".

(4) The following is added after

section 3:

Actuarial valuation reports and cost certificates - s14(3)(b), Act and

s10(3)(d), Regulation

3.1(1) The Plan is exempt from

section 14(3)(b)(i)(

C) of the Act.

(2) Section 14(3)(b)(ii) of the Act is to be treated as reading:

(ii) cost certificates signed by a person referred to in

subclause (i)(

B) and in the form required by the Superintendent, containing

the prescribed information and information necessary for the Superintendent

to be able to determine the Plan's solvency deficiency, if any, and

solvency ratio.

(3) Section 10(3)(d)(ii) of this Regulation is to be treated as

reading:

(ii) the date of establishment and the amount of any

solvency deficiency, the value of the assets and liabilities used to

determine that solvency deficiency, together with the assumptions and

valuation methods used to calculate those liabilities;

Annual statement - s14(1)(i)(iii), Regulation

3.2

Section 14(1)(i)(iii) of this Regulation is to be treated as

reading:

(iii) confirmation that the employer has agreed to pay

any solvency deficiency in respect of its employees or former employees in

the event of the termination of the Plan;

Statement on termination of membership - s15(1)(i), Regulation

3.3 The Plan is exempt from

section 15(1)(

i) of this Regulation.

(5) Section 4 is amended by striking out "21(1)(d)(iv)" and substituting

"28(1)(d)(iv)".

(6) Section 5 is amended by striking out "22(1)" wherever it occurs and

substituting "29(1)".

(7) Section 6 is amended

(

a) in clause (

a) by striking out "23(1)" and substituting "31(1)";

(

b) in clause (

b) by striking out "23(2) and (2.1)" and

substituting "31(2) and (3)".

(8) Section 7 is amended by striking out "27(1)(a)" and substituting

"35(1)(a)".

(9) The following is added after

section 7:

Funding - s48(2), Act and s48, Regulation

7.1(1) Subject to

section 48(24) of this Regulation, the Plan is

exempt from

section 48(2) of the Act, to the extent that that subsection

requires a pension plan to provide for funding in accordance with the

prescribed tests for the solvency of pension plans, unless

(

a) the Plan is terminated, or

(

b) an employer withdraws from the Plan in the

circumstances described in

section 73(3) of the Act.

(2) The reference in

section 48(3) of the Act to

section 14(3)(

b) of

the Act is to be treated as a reference to

section 14(3)(

b) as treated as

altered by

section 3.1(1) and (2) of this Schedule.

(3) The Plan is exempt from

section 48(7), (8), (9) and (16) of this

Regulation.

(4) In

section 48(4) and (5) of this Regulation, references to

section 48(3)(

c) of this Regulation are to be treated as not existing.

(5) In

section 48(6), (13), (14) and (20) of this Regulation,

references to "solvency deficiency" are to be treated as not existing.

(6) Section 48(15) of this Regulation is to be treated as reading:

(15) Notwithstanding subsection (3), where the Plan is

reviewed or the latest review revised pursuant to

section 9(7), the 15-year

period referred to in subsection (3)(b)(ii) of this

section shall be

treated as commencing to run from the date when the change is made.

(7) The following is to be treated as added after

section 48(23):

(24) The Plan's administrator shall ensure that the Plan's

actuary performs the solvency tests required under

section 48(2) of the Act

and reports the results of those tests in actuarial valuation reports and

cost certificates required to be filed pursuant to

section 14 of the Act.

(25) The Plan's administrator shall notify the Superintendent

if a benefit change adversely affects the solvency of the Plan, and have

the Plan reviewed or the latest review revised as required by

section 9(7)

of this Regulation.

(10) Section 8 is amended by striking out "39(1)" and substituting

"49(1)".

(11) Section 9 is amended

(

a) by striking out "57(3)" and substituting "82(3)";

(

b) by striking out "to the extent that the transfer in question is

in respect of benefits relating to employment before 1992".

(12) Section 10 is amended

(

a) in subsection (1)

(

i) as it incorporates a replacing

section 48(3)(b)(i),

by adding "and" at the end;

(ii) as it incorporates a replacing

section

48(3)(b)(ii), by striking out ", and" at the end;

(iii) by repealing the replacing

section 48(3)(b)(iii);

(iv) in the replacing

section 48(3.1) by adding "and the

loss of that exemption remains permanent, regardless of anything that

happens afterwards" after "apply";

(

v) by repealing the replacing

section 48(3.2) and

(3.3);

(vi) in the replacing

section 48(4)

(

A) by striking out "and (iii)";

(

B) in clause (

a) by striking out "or

solvency deficiency";

(

C) in clause (b)

(

I) by striking out "or (iii),

as the case may be,";

(II) by striking out "or

deficiency";

(

b) by repealing subsection (2).

(13) The following is added after

section 10:

Remitting of contributions and Crown unfunded liability payments

11 The Plan is exempt from

section 49(2) of this Regulation and the

following subsection applies instead:

(2) Notwithstanding sections 48(3) and 49(1)(

d) of this

Regulation, employer contributions referred to in

section 49(1)(d), and

contributions payable by the Crown under

Schedule 3 to the Public Sector

Pension Plans (Legislative Provisions) Regulation (AR 365/93), that are

payable in respect of the first quarter after a review date may be made

together with those employer and Crown contributions respectively to be

paid in respect of the 2nd quarter after it, but they must include interest

from the date when they would have been paid under that

section 49(1)(d),

or that Order, respectively, to the date of payment, at the same interest

rate as was used in determining the respective employer contributions

referred to in

section 49(1)(

d) or those Crown contributions, respectively.

Transfers - s82(3), Act and s35, Regulation

12 The Plan is exempt from

section 82(3) of the Act and

section 35

of this Regulation.

Schedule 0.1 is further amended in

section 10(1), as it incorporates a

replacing

section 48(3)(b)(i), and in

section 11, by striking out "Schedule

3 to the Public Sector Pension Plans (Legislative Provisions) Regulation

(AR 365/93)" and substituting "the Order in Council made under

section

14(8)(

b) of

Schedule 3 to the Public Sector Pension Plans Act".

66(1) Sections 1, 4 and 64(1), (2), (4), (9), (11) (excluding clause (a)),

(12) and (13) are deemed to have come into force on December 30, 2002.

(2) Sections 64(2) (excluding clause (a)) and 65 come into force at the

time of the commencement of the Order in Council referred to in those

enactments.

Alberta Regulation 246/2003

Student Financial Assistance Act

Students Finance Act

Student Loan Act

STUDENT FINANCIAL ASSISTANCE AMENDMENT REGULATION

Filed: July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 360/2003) on July 22, 2003

pursuant to

section 22 of the Student Financial Assistance Act,

section 10

of the Students Finance Act and

section 13 of the Student Loan Act.

1 The Student Financial Assistance Regulation (AR 298/2002) is amended by

this Regulation.

2(1)

Schedule 1 is amended by this section.

(2) Section 1(1) is amended

(

a) by repealing clause (e);

(

b) in clauses (

f) and (

k) by adding ", or 40% in the case of a

student with a disability," after "60%";

(

c) in clause (

k) by striking out "subsection (2)" and substituting

"section 16(1)";

(

d) by adding the following after clause (o):

(p) "student with a disability" means a student with a

functional limitation caused by a physical or mental impairment that

restricts the student's ability to perform the daily activities necessary

to participate in studies at a post-secondary level or in the labour force

and whose impairment is expected to remain for the remainder of the

student's natural life.

(3) Section 8(3) is amended by striking out "or" at the end of clause (b),

adding ", or" at the end of clause (

c) and adding the following after

clause (c):

(

d) has, in the Minister's opinion, had a bad credit history within

the 3 years prior to applying for the assistance.

(4) Section 19 is amended

(

a) by striking out "Disabled Students" and substituting "Students

with Disabilities";

(

b) by striking out "disabled student" and substituting "student

with a disability".

(5) Section 29 is amended

(

a) by striking out "The" and substituting "Without affecting the

legal liability for the debt, the";

(

b) in clause (

b) by striking out "disabled student" and

substituting "student with a disability".

Schedule 2 is repealed and the following is substituted:

Schedule 2

Regulations Under the Student

Financial Assistance Act

Interpretation of

Schedule 2

1(1) In this Schedule,

(a) "academic year" means the period decided by the

Minister, being not more than 40 weeks and not less than 18 weeks or,

exceptionally, such longer or shorter period as the Minister decides;

(b) "Act" means the Student Financial Assistance Act;

(c) "common law partner" means an individual who is not

married to the student in question but

(

i) who has lived with that student in a

conjugal relationship continuously for the past one year,

(ii) who the student has declared to have a

status equivalent to that of the student's common law partner under any

other law of Alberta or Canada, or

(iii) who is living with that student in a

conjugal relationship, where there are one or more children living in the

household;

(d) "dependent student" means a student who is not an

independent student;

(e) "direct loan" means financial assistance in the

form of a loan from the Government, and includes a guaranteed loan referred

to in

section 26 that becomes a direct loan by virtue of that section;

(f) "educational institution" has the meaning assigned

to it in

section 2(1)(a);

(g) "financial assistance" includes any repayment,

payment, remission, relief or adjustment under

section 30;

(h) "full-time student" means a student who is enrolled

in not less than 60%, or 40% in the case of a student with a disability, of

a full-time program of study in the semester in question at one or more

post-secondary educational institutions;

(i) "independent student" means a student who

(

i) is married or has a common law partner,

(ii) is widowed,

(iii) is divorced,

(iv) is the parent of at least one child,

(

v) has been employed or been available for

employment, or a combination of both, for at least 2 periods of at least 12

consecutive months each,

(vi) has been employed or available for

employment or has been a full-time student at a post-secondary educational

institution, or in any combination of those situations, for a period

totalling at least 4 years, or

(vii) is declared to be an independent

student by the Minister;

(j) "loan", where no specific kind of loan is

indicated, means

(

i) a direct loan, or

(ii) a loan under the Canada Student Loans

Act (Canada) or the Canada Student Financial Assistance Act (Canada);

(k) "loan year" means the period from August 1 in one

year to July 31 in the next;

(l) "old provincial loan" means a provincial loan

within the meaning of

Schedule 1;

(m) "part-time student" means a student who is enrolled

in less than 60%, or 40% in the case of a student with a disability, of a

full-time program referred to in

section 16(1) in the semester in question

at one or more post-secondary educational institutions;

(n) "program of study" means any combination of courses

or other requirements that is considered by the educational institution in

question to be necessary for a student in the institution to obtain a

degree, certificate or diploma;

(o) "program" means a program of study or any other

course, period of training, seminar or similar period of study that forms

part of the criteria expressly stated in this

Schedule as eligibility

criteria for a student of the relevant educational institution to receive

financial assistance;

(p) "semester" means a period of not more than 17 weeks

unless the Minister decides that some other period is appropriate;

(q) "student" includes a person who was, but no longer

is, a student within the meaning of the Act but who still owes money under

a financial assistance program;

(r) "student with a disability" means a student with a

functional limitation caused by a physical or mental impairment that

restricts the student's ability to perform the daily activities necessary

to participate in studies at a post-secondary level or in the labour force

and whose impairment is expected to remain for the remainder of the

student's natural life.

(2) For the purposes of this Schedule, a person is resident in

Alberta if that person

(

a) is a dependent student with a parent who has

maintained permanent residence in Canada for the 12 consecutive months

immediately before, and is maintaining permanent residence in Alberta on,

the date on which the program in respect of which financial assistance may

be or is granted begins,

(

b) is an independent student who, for the 12

consecutive months immediately before the date on which that program

begins, has maintained permanent residence in Alberta and has not attended

a post-secondary institution,

(

c) is a protected person for the purposes of

Part 2 of

the Immigration and Refugee Protection Act (Canada) who is living in

Alberta on the date on which that program begins, or

(

d) is a person declared, or who falls within a class

of persons declared, to be resident in Alberta by the Minister.

(3) A student who becomes resident in Alberta by virtue of

subsection (2) automatically continues to be resident in Alberta for the

remainder of the academic year and during each subsequent consecutive year

in which the student remains continuously enrolled, whether in the same or

in a different program and whether in the same or in a different

post-secondary educational institution.

(4) For the purposes of this Schedule, where the Government of

Alberta or of Canada has requested the provision of information in an

application for monetary assistance of any description, the failure to

provide the information requested is deemed to be the provision of false

information.

Interpretation of Act, etc.

2(1) For the purposes of the Act,

(a) "educational institution" means any institution or

person providing a program that may be the subject-matter of financial

assistance;

(b) "program of study" means a program within the

meaning of

section 1.

(2) For the purposes of

section 4(4)(

b) of the Act, an individual

who has lived in Alberta for at least 12 months is a resident of Alberta.

(3) For the purposes of

section 12(1) of the Act, "provided only to

students" includes circumstances where financial assistance is provided to

a student's employer on the student's behalf to assist in paying the costs

of employing the student while training the student in a field related to

the employer's industry.

Part 1

Financial Assistance Generally

(including Direct Loans)

Application of

Part 1

4 This

Part contains provisions that apply to all forms of

financial assistance.

Forms

5 Applications for financial assistance must be made in the form

required by the Minister.

Availability of money

6 Notwithstanding anything in this Schedule, the Minister may award

financial assistance only if money is available for the financial

assistance.

Agents of the Minister

7 Where a payment may or must be made under this

Schedule to the

Government, it may be made to an agent of the Minister (if any) acting in

respect of the transaction.

General eligibility criteria for students

8(1) Subject to other provisions of this Schedule, the eligibility

criteria prescribed for the purposes of

section 12(1)(

a) of the Act are

that the student in question must

(

a) be a full-time student except where financial

assistance to a part-time student is provided for,

(

b) complete an application for the financial

assistance in question in the form set by the Minister,

(

c) be resident in Alberta,

(

d) establish to the Minister's satisfaction that the

student is in financial need, taking into account the financial resources

available to the student, and

(

e) have an academic history that is acceptable to the

Minister.

(2) For the purposes of subsection (1)(d), the financial resources

of the student's parents, spouse and common law partner are deemed to be

available to the student.

(3) Notwithstanding anything else in this Schedule, the Minister may

declare ineligible for financial assistance a student who

(

a) has ever provided to the Government of Alberta or

of Canada any false or misleading information that the Minister considers

materially to affect or have affected the student's eligibility to receive

monetary assistance from either Government,

(

b) is or has ever been in default of repaying a loan,

(

c) has ever filed for bankruptcy, whether discharged

or not, or

(

d) has, in the Minister's opinion, had a bad credit

history within the 3 years prior to applying for the financial assistance.

(4) Subsection (3)(

a) does not apply if

(

a) the student has previously received monetary

assistance,

(

b) all monetary assistance previously provided has

been repaid in full, and

(

c) a period of 3 years, or such other period as the

Minister considers appropriate, has elapsed since the last repayment was

completed.

Requirements for programs of study

9 A program of study must meet the following requirements:

(

a) in the case of a program for which direct loans are

provided, the direct loan default rate with respect to the program is at a

level acceptable to the Minister;

(

b) the Minister considers that the program is

appropriately accredited or that a significant portion of the program is

accepted for credit toward credentials conferred by an educational

institution designated by the Minister for the purposes of this clause;

(

c) if the Minister considers the employment of

graduates of the program to be relevant, the potential for employment for

graduates of the program is acceptable to the Minister.

Financial assistance to private vocational school students

10 Notwithstanding anything else in this Schedule, the Minister may

declare ineligible for financial assistance a student enrolled in a program

of study that is authorized to be provided under a licence that is issued

under the Private Vocational Schools Act or that the Minister considers

equivalent to a licence issued under that Act unless the licensee has

entered into an agreement with the Minister providing for

(

a) tuition fee refunds,

(

b) notification of withdrawals of students from that

program,

(

c) the withdrawal or reduction of financial assistance

(

i) the Minister considers that the persons

who are or were enrolled in that program have an unacceptable direct loan

default rate, or

(ii) the Director of Private Vocational

Schools considers that that program has an unacceptable student retention

rate or that graduates of the program have an unacceptable employment

placement rate,

and

(

d) any other provision that the Minister considers is

required for the proper administration of that program.

Purposes of financial assistance

11(1) Subject to any provision expressly providing otherwise,

financial assistance is awarded to enable an eligible student to pay some

or all of the following costs:

(

a) tuition and other fees that the educational

institution requires the student to pay;

(

b) the cost of books, materials and supplies used in

the programs;

(

c) subject to subsection (2), the student's living and

other expenses approved by the Minister.

(2) The Minister may specify a program for which the maximum amount

of financial assistance, excluding financial assistance under

section 23,

that may be awarded to a student enrolled in the program is the total of

the fees and the costs referred to in subsection (1)(

a) and (b).

Instalments

12 The Minister may pay financial assistance to an eligible student

in instalments.

Conditions of financial assistance

13(1) The awarding of financial assistance, other than under

section

23, is subject to the following conditions:

(

a) the student must pay all fees referred to in

section 11(1) within the time period specified by the educational

institution;

(

b) if the Minister considers that all or any of the

financial assistance is not being or has not been used for the purposes for

which it was provided, the student must repay that financial assistance or

the part of it that is considered not to have been used for those purposes,

as the case may be, to the Minister in favour of the Minister of Finance;

(

c) if the educational institution refunds to the

student all or part of the tuition or other fees, the student must pay the

amount of the refund to the Minister in favour of the Minister of Finance;

(

d) the student must advise the Minister of any change

(

i) the student's address, single,

matrimonial or common law partner status, financial circumstances, academic

status or study period, or

(ii) the address or financial circumstances

of the student's parents, spouse or common law partner;

(

e) the student must enter into any agreement that the

Minister requires.

(2) If the Minister is satisfied that a student has provided any

false or misleading information, the Minister may require the student to

repay all or part of any financial assistance obtained as a direct or

indirect result of the false or misleading information to the Minister in

favour of the Minister of Finance.

(3) Any money repayable by a student under subsection (1) or

(2) must be repaid immediately unless the Minister otherwise directs.

Provision of information and reassessment

14(1) The Minister may direct a student to provide any information

or documents to verify any statement made in the student's application for

financial assistance.

(2) The Minister may refuse to provide the financial assistance

applied for to a student who does not comply with a direction under

subsection (1).

(3) Based on any information and documents provided under subsection

(1), the Minister may reassess the amount of financial assistance that the

student is eligible to receive.

(4) The Minister may require a student referred to in subsection

(2) or (3) immediately to repay all or part of any financial assistance paid to

or in favour of the student and to pay

(

a) any interest and service fees on any direct loans

or old provincial loans, and

(

b) any risk premiums paid by the Government in respect

of old provincial loans.

Reviews

15(1) A student whose application for financial assistance is

refused on the ground that the student

(

a) is declared ineligible under

section 8(3),

(

b) is not resident in Alberta, including the question

of whether or not the student is an independent student, or

(

c) in the case of a Northern Alberta Development

Bursary, does not meet the requirements of

section 17(1)

may apply to the Minister to review the decision.

(2) The Minister may, after reviewing the decision and considering

any information considered relevant, make any decision that the Minister

could have made on the original application.

(3) A student who applies for financial assistance may apply for a

review of the decision to a committee appointed from among members of the

public by the Minister if

(

a) either

(

i) no financial assistance is awarded, or

(ii) the financial assistance awarded is

less than the amount applied for,

and

(b) subsection (1) does not apply.

(4) The committee is responsible for conducting a hearing on a

review under subsection (3) and for making recommendations on the review to

the Minister.

(5) The Minister may, after considering the recommendations of the

committee and any other information considered relevant, make any decision

respecting the review under subsection (4) that could have been made on the

original application and that the Minister considers appropriate.

(6) Unless otherwise specified by the Minister, with respect to

reviews under subsection (4),

(

a) hearings are to be conducted by at least 2 members

of the committee,

(

b) the committee's secretary is a non-voting member of

the committee, but may be present during hearings,

(

c) the committee and the applicant are to be provided

with all relevant material before the hearing, including a

summary

outlining the situation and any action taken to date and, in the case of

the committee, all documents provided by the applicant,

(

d) before the hearing, each party is to be given an

opportunity to review the material provided to the committee,

(

e) the applicant is to be allowed to participate in

the hearing by appearing in person or by counsel or an agent or by means of

a conference call, and

(

f) the decision of the majority of the committee

members conducting the hearing is to be recorded, signed by the person

chairing the hearing and provided to the Minister in the form of

recommendations.

(7) An application for a review under this

section must

(

a) be made in writing and filed with the secretary of

the committee before the end of the academic year for which the financial

assistance is applied, and

(

b) provide

(

i) the applicant's name, current address

and telephone number,

(ii) the decision reviewed,

(iii) the reasons for requesting the review,

and

(iv) any other relevant information

requested by the Minister or that the applicant wishes considered.

Grants and Bursaries

Bursaries and grants to part-time students

16(1) The Minister may award financial assistance in the form of a

bursary or grant to a part-time eligible student who is enrolled at an

educational institution in Alberta in

(

a) a program of study, or

(

b) a community adult learning course approved by the

Minister.

(2) The maximum amount of a bursary or grant under this

section is

$300 per semester.

(3) A bursary or grant under this

section may be used only to pay

for the cost of

(

a) tuition fees for the courses in the program,

(

b) books, materials and supplies used in those

courses,

(

c) transportation of the student to allow attendance

at the courses, or

(

d) child care for the student's children while the

student attends the courses.

Northern Alberta Development Bursary

17(1) The Minister may award financial assistance in the form of a

Northern Alberta Development Bursary to an eligible student who

(

a) either is resident in Alberta or has maintained

permanent residence in Alberta for a period of at least 3 years immediately

before the student's enrolment in the program for which the Bursary would

be granted, and

(

b) subject to subsection (2), has entered into an

agreement that provides at least

(

i) that the student will, after completing

or terminating that program, both live and either work or provide services

within the boundaries of the Northern Alberta Development Council for the

period stipulated in the agreement, and

(ii) for the repayment of all or part of the

Bursary if the student does not comply with the terms or conditions of the

agreement.

(2) The Minister may waive the requirement to enter into an

agreement under subsection (1)(

b) if

(

a) the student is enrolled in a program that runs for

less than a full academic year, or

(

b) the Minister considers that there are special

circumstances.

(3) The maximum amount o