Alberta Gazette — 15 July 2013 (Part II)

15 July 2013

Alberta — Gazette

Alberta Gazette — 15 July 2013 (Part II)

15 July 2013

Alberta — Gazette

Alberta Regulation 117/2013

Traffic Safety Act

ALBERTA TRANSPORTATION SAFETY BOARD APPEAL

FEES AMENDMENT REGULATION

Filed: June 17, 2013

For information only: Made by the Minister of Transportation (M.O. 09/13) on June

6, 2013 pursuant to

section 64(u)(

v) of the Traffic Safety Act.

1 The Alberta Transportation Safety Board Appeal Fees

Regulation (AR 259/2003) is amended by this Regulation.

Section 2 is amended by striking out "or under

section 2 of

the Inspection Station and Inspection Technician Appeal Regulation

(AR 306/2002)".

Section 3 is amended by striking out "July 1, 2013" and

substituting "July 1, 2017".

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

Alberta Regulation 118/2013

Environmental Protection and Enhancement Act

ACTIVITIES DESIGNATION AMENDMENT REGULATION

Filed: June 20, 2013

For information only: Made by the Minister of Environment and Sustainable

Resource Development (M.O. 02/2013) on June 7, 2013 pursuant to sections 85 and

89 of the Environmental Protection and Enhancement Act.

1 The Activities Designation Regulation (AR 276/2003) is

amended by this Regulation.

Section 15 is repealed and the following is substituted:

Expiry

15 For the purpose of ensuring that this Regulation is reviewed

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

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

Regulation expires on June 30, 2015.

Alberta Regulation 119/2013

Environmental Protection and Enhancement Act

DISCLOSURE OF INFORMATION AMENDMENT REGULATION

Filed: June 20, 2013

For information only: Made by the Minister of Environment and Sustainable

Resource Development (M.O. 03/2013) on June 7, 2013 pursuant to

section 36(

h) of

the Environmental Protection and Enhancement Act.

1 The Disclosure of Information Regulation (AR 273/2004)

is amended by this Regulation.

Section 6 is amended by striking out "March 31, 2015" and

substituting "June 30, 2015".

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

Alberta Regulation 120/2013

Environmental Protection and Enhancement Act

PESTICIDE (MINISTERIAL) AMENDMENT REGULATION

Filed: June 20, 2013

For information only: Made by the Minister of Environment and Sustainable

Resource Development (M.O. 16/2013) on June 7, 2013 pursuant to sections 85 and

165 of the Environmental Protection and Enhancement Act.

1 The Pesticide (Ministerial) Regulation (AR 43/97) is

amended by this Regulation.

2 The following is added after

section 22:

Expiry

Expiry

22.1 For the purpose of ensuring that this Regulation is reviewed

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

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

Regulation expires on June 30,

Section 24 and the heading preceding

section 24 are

repealed.

Alberta Regulation 121/2013

Environmental Protection and Enhancement Act

POTABLE WATER AMENDMENT REGULATION

Filed: June 20, 2013

For information only: Made by the Minister of Environment and Sustainable

Resource Development (M.O. 17/2013) on June 7, 2013 pursuant to

section 153 of

the Environmental Protection and Enhancement Act.

1 The Potable Water Regulation (AR 277/2003) is amended

by this Regulation.

Section 19 is repealed and the following is substituted:

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 June 30, 2015.

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

Alberta Regulation 122/2013

Environmental Protection and Enhancement Act

RELEASE REPORTING AMENDMENT REGULATION

Filed: June 20, 2013

For information only: Made by the Minister of Environment and Sustainable

Resource Development (M.O. 18/2013) on June 7, 2013 pursuant to

section 121 of

the Environmental Protection and Enhancement Act.

1 The Release Reporting Regulation (AR 117/93) is

amended by this Regulation.

Section 4.2 is repealed and the following is substituted:

Expiry

4.2 For the purpose of ensuring that this Regulation is reviewed

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

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

Regulation expires on June 30, 2015.

Alberta Regulation 123/2013

Traffic Safety Act

MOTOR VEHICLE DOCUMENT EXPIRY DATE EXTENSION REGULATION

Filed: June 22, 2013

For information only: Made by the Minister of Service Alberta (M.O. SA:012/2013)

on June 22, 2013 pursuant to

section 64(

a) of the Traffic Safety Act.

Extension of expiry date

1 Notwithstanding

Part 1, Division 5 and

Part 2 Divisions 3 and 5 of

the Operator Licensing and Vehicle Control Regulation

(AR 320/2002), any motor vehicle document, other than a financial

responsibility card, that has expired or will expire on or after June 22,

2013 is deemed to be a subsisting motor vehicle document and

continues in effect for a period of time as determined by the Minister

of Service Alberta.

Non-application

Section 1 does not apply to a motor vehicle document, other than a

financial responsibility card, that was suspended or cancelled on or

after June 22, 2013.

Authority to suspend or cancel

3 This Regulation does not affect the authority of the Minister of

Transportation or the Registrar to suspend or cancel a motor vehicle

document.

Expiry

4 This Regulation expires on June 22, 2018.

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

Alberta Regulation 124/2013

Marketing of Agricultural Products Act

ALBERTA MILK MARKETING AMENDMENT REGULATION

Filed: June 25, 2013

For information only: Made by the Alberta Milk on June 12, 2013 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act and approved by the

Agricultural Products Marketing Council on June 14, 2013.

1 The Alberta Milk Marketing Regulation (AR 151/2002) is

amended by this Regulation.

Section 10(2)(

a) is amended by striking out "$1.40" and

substituting "$1.50".

Section 27 is repealed and the following is substituted:

Regulated product classification

27(1) Regulated product is classified in accordance with subsection

(2) according to how a processor uses it.

(2) Regulated product is classified as follows:

(

a) class 1 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 1a milk, which means milk and milk

beverages in liquid form for retail and food service and

includes the following:

(

A) standard milk, partly skimmed or skimmed milk,

whether or not the milk is treated for lactose

intolerance, is flavoured or has had vitamins or

minerals added to the milk;

(

B) eggnog;

(

C) cordials;

(

D) cultured milk;

(

E) all types of milkshake mixes;

(

F) concentrated milk to be reconstituted as fluid milk;

(ii) sub-class 1b(

i) milk, which means all types of cream

with a butterfat content of not less than 5% for retail and

food service;

(iii) sub-class 1b(ii) milk, which means milk used pursuant

to an authorization by Alberta Milk in the manufacture

of fresh cream with a milk fat content of 32% and

higher that is used to make fresh baked goods;

(iv) sub-class 1c milk, which means milk used in the

manufacture of new fluid milk products of the types set

out in class 1a and class 1b for retail and food service

approved by Alberta Milk for an introductory period;

(

v) sub-class 1d milk, which means milk used in the

manufacture of fluid milk products of the types set out

in class 1a and class 1b marketed outside the provinces

that are signatories to the federal provincial agreement

known as the National Milk Marketing Plan but within

the territorial jurisdiction of Canada;

(

b) class 2 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 2a milk, which means milk used in the

manufacture of all types of yogurts including yogurt

beverages, Kefir and Lassi, excluding frozen yogurts;

(ii) sub-class 2b milk, which means milk used in the

manufacture of all types of ice cream, ice cream mix,

whether frozen or not, other frozen dairy products

including frozen yogurts, all types of sour cream, all

types of milkshake mixes, fudge, puddings, soup mixes,

caffeinate and Indian sweets;

(

c) class 3 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 3a milk, which means milk used in the

manufacture of all types of cheese other than those

identified in sub-class 3b, sub-class 3c and sub-class 3d;

(ii) sub-class 3b milk, which means milk used in the

manufacture of all types cheddar cheese, stirred curd,

cream cheese, creamy cheese bases, cheddar and

cheddar-type cheeses which are sold fresh;

(iii) sub-class 3c milk, which means milk used in the

manufacture of all types of Mozzarella, except those

classified as sub-class 3d milk, Asiago, Brick, Canadian

Style Munster (Muenster), Colby, Farmer, Feta, Gouda,

Havarti, Jack, Monterey Jack, Parmesan and Swiss

cheeses;

(iv) sub-class 3d which mean milk used in the manufacture

of all types of standardized Mozzarella cheeses to be

used strictly on fresh pizzas by establishments

registered with the Canadian Dairy Commission under

Milk Supply Management Committee created under the

National Milk Marketing Plan;

(

d) class 4 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 4a milk, which means milk used in the

manufacture of the following:

(

A) all types of butter and butteroil;

(

B) all types of milk powder;

(

C) concentrated milk used as an ingredient in the food

industry;

(

D) all products not referred to elsewhere in this

section;

(ii) sub-class 4a1 milk, which means milk components used

pursuant to an authorization by Alberta Milk for the

manufacture of rennet casein (dry or curd), milk protein

concentrate (dry or liquid) or skim milk (dry or liquid)

to be used in the manufacture of non-standardized final

products in the processed cheese category or in weight

or muscle gain formulations, meal replacement

products, medical and sports recovery beverages and

infant food formulations destined for retail sale;

(iii) sub-class 4b milk, which means milk used in the

manufacture of concentrated milk for retail sale whether

sweetened or not;

(iv) sub-class 4c milk, which means milk used in the

manufacture of new industrial products as approved by

Alberta Milk for an introductory period;

(

v) sub-class 4d milk, which means milk involved in

inventory and dairy plant losses;

(vi) sub-class 4m milk, which means milk components for

marginal markets as established from time to time by

the Canadian Milk Supply Management Committee

under the National Milk Marketing Plan;

(

e) class 5 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 5a milk, which means milk used pursuant to

an authorization by Alberta Milk in the manufacture of

cheese used as an ingredient for further processing for

the domestic and export market;

(ii) sub-class 5b milk, which means milk used pursuant to

an authorization by Alberta Milk in the manufacture of

other dairy products used as ingredients for further

processing for the domestic and export market;

(iii) sub-class 5c milk, which means milk used pursuant to

an authorization by Alberta Milk in the manufacture of

dairy products used as ingredients for the confectionery

sector destined for domestic and export market;

(iv) sub-class 5d milk, which means milk used pursuant to

an authorization by Alberta Milk in the manufacture of

planned exports and other exports approved by the

Canadian Milk Supply Management Committee, the

total of which shall not exceed Canada's World Trade

Organization commitments.

(3) In this section, "inventory and dairy plant losses" means milk

receiving and processing losses as confirmed by audit, including

extraordinary losses such as transportation or shipping accidents,

spillage prior to processing, processing losses in the production of

finished products, class 1 returns and unaccounted milk losses at the

dairy plant up to 2% of milk delivered to the dairy plant.

(4) Losses in excess of the losses classified as sub-class 4d milk

must be prorated to each class and sub-class of milk processed in the

dairy plant.

Section 30(6) is amended by striking out "and" at the end

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

c) and by

adding the following after clause (c):

(

d) an inhibitor infraction has occurred each time a test of a

sample referred to in subsection (5) indicates that the

producer's milk does not meet the requirements of

Schedule

2 with respect to inhibitors and drug residues.

Section 48 is amended by striking out "February 28, 2014"

and substituting "February 28, 2019".

Section 2 comes into force on August 1, 2013.

Alberta Regulation 125/2013

Business Corporations Act

BUSINESS CORPORATIONS AMENDMENT REGULATION

Filed: June 26, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 187/2013)

on June 25, 2013 pursuant to

section 293.3 of the Business Corporations Act.

1 The Business Corporations Regulation (AR 118/2000) is

amended by this Regulation.

Section 32(1)(

b) is amended by striking out "an electronic

format" and substituting "a form under clause (a)".

Section 35 is amended

(

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

(

v) any other information required by the Registrar.

(

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

(2.1) The physical address and, if different from the physical

address, the mailing address referred to in subsection (2)(b)(iv)

must be located in Alberta.

Section 38(2) is amended by striking out "and" at the end

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

c) and by

adding the following after clause (c):

(

d) include any other information required by the Registrar.

Section 39(2) is amended by striking out "and" at the end

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

b) and by

adding the following after clause (b):

(

c) include any other information required by the Registrar.

Section 40(2) is amended by striking out "and" at the end

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

b) and by

adding the following after clause (b):

(

c) include any other information required by the Registrar.

Section 41 is amended

(

a) in subsection (4) by striking out "and" at the end of

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

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

(

c) include any other information required by the Registrar.

(

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

(4.1) The physical address and, if different from the physical

address, the mailing address referred to in subsection (4)(

b) must

be located in Alberta.

Section 42 is amended

(

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

(

v) any other information required by the Registrar.

(

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

(2.1) The physical address and, if different from the physical

address, the mailing address referred to in subsection (2)(b)(iv)

must be located in Alberta.

Section 43(2) is amended by striking out "and" at the end

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

b) and by

adding the following after clause (b):

(

c) include any other information required by the Registrar.

10 The following sections are amended by striking out

"designated extra-provincial registrar" wherever it occurs and

substituting "home registrar":

section 48;

section 49;

section 50.

11 This Regulation comes into force on July 1, 2013.

Alberta Regulation 126/2013

Partnership Act

PARTNERSHIP AMENDMENT REGULATION

Filed: June 26, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 188/2013)

on June 25, 2013 pursuant to sections 80.1 and 104.1 of the Partnership Act.

1 The Partnership Regulation (AR 105/2009) is amended by

this Regulation.

Section 6 is amended by adding the following after

clause (e):

(e.1) "home jurisdiction", in respect of a designated

extra-provincial limited liability partnership or a designated

extra-provincial limited partnership, means the jurisdiction in

which the designated extra-provincial limited liability

partnership or designated extra-provincial limited partnership

was formed or registered but does not include a jurisdiction

where either type of partnership is extra-provincially

registered;

(e.2) "home registrar" means the designated extra-provincial

registrar of the home jurisdiction of a designated

extra-provincial limited liability partnership or a designated

extra-provincial limited partnership;

Section 7 is amended

(

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

(1.1) The registrar as defined in The Business Names

Registration Act, RSS 1978, cB-11 is designated, with respect to

limited partnerships, as an extra-provincial registrar to which this

Part applies.

(1.2) The registrar as defined in

Part IV of The Partnership Act,

RSS 1978, cP-3 is designated, with respect to limited liability

partnerships, as an extra-provincial registrar to which this Part

applies.

(

b) in subsections (2) and (3) by adding "or under The

Partnership Act, RSS 1978, cP-3" after "the Partnership

Act, RSBC 1996, c348" wherever it occurs.

Section 10(1)(

b) is amended by striking out "an electronic

format" and substituting "a form under clause (a)".

Section 13 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) An application referred to in subsection (1) must

(

a) be submitted to the home registrar, and

(

b) be accompanied with the following information and

documents:

(

i) the name of the designated extra-provincial limited

partnership;

(ii) a statement identifying the home jurisdiction of the

designated extra-provincial limited partnership;

(iii) the names and addresses of the general partners of

the designated extra-provincial limited partnership;

(iv) any other information required by the Registrar.

(

b) in subsection (3) by striking out "from the designated

extra-provincial registrar".

Section 14 is amended

(

a) in subsection (2) by striking out "designated

extra-provincial registrar" and substituting "home

registrar and must include any other information required by

the Registrar";

(

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

(3) If the Registrar is satisfied that all of the information and

documents necessary for a registered designated extra-provincial

limited partnership to change its name have been received in the

form specified in the applicable agreement, the Registrar shall

file the information and documents.

Section 15 is repealed and the following is substituted:

Changes respecting general partner

15(1) A registered designated extra-provincial limited partnership

shall give the Registrar notice of

(

a) a person becoming or ceasing to be a general partner, or

(

b) a change in the name or address of any of its general

partners.

(2) A notice referred to in subsection (1) must be

(

a) submitted to the home registrar,

(

b) if clause (1)(

a) applies, include the address of a person

becoming a general partner, and

(

c) include any other information required by the Registrar.

(3) If the Registrar is satisfied that all of the information and

documents necessary for a registered designated extra-provincial

limited partnership to change its general partners or to report a

change in the name or address of any of its general partners have

been received in the form specified in the applicable agreement, the

Registrar shall file the information and documents.

Section 16(2) is amended by repealing clause (

a) and

substituting the following:

(

a) be submitted to the home registrar,

(a.1) include any information required by the Registrar, and

9 The following is added after

section 16:

Mandatory cancellation of registration

16.1(1) A registered designated extra-provincial limited partnership

must apply to cancel its registration in Alberta when

(

a) it no longer has any limited partners,

(

b) it has been dissolved in its home jurisdiction, or

(

c) its registration in its home jurisdiction has been cancelled.

(2) An application referred to in subsection (1) must

(

a) be submitted to the home registrar by any person who was a

partner at the time of the applicable event in subsection (1),

or anyone authorized by the registered designated extra-

provincial limited partnership before the applicable event in

subsection (1),

(

b) contain a statement of the applicable circumstance in

subsection (1), and

(

c) include any information required by the Registrar.

Section 17 is amended

(

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

(a.1) if the designated extra-provincial limited partnership no

longer has any limited partners,

(

b) in clauses (

b) and (

c) by striking out "the jurisdiction

in which it was formed" wherever it occurs and

substituting "its home jurisdiction".

Section 20(3) is repealed and the following is

substituted:

(3) An application referred to in subsection (1) must

(

a) be submitted to the home registrar, and

(

b) include the following information and documents:

(

i) the name of the designated extra-provincial limited

liability partnership;

(ii) a statement identifying the home jurisdiction of the

designated extra-provincial limited liability partnership;

(iii) the eligible profession or professions in which the

partners carry on practice or, if the partners do not carry

on practice in an eligible profession, the other business

of the partners;

(iv) if the partners are engaged in an eligible profession,

confirmation that the designated extra-provincial limited

liability partnership possesses a current statement that

meets the requirements of

section 94(3)(b)(ii) of the

Act;

(

v) the address of the head office of the designated

extra-provincial limited liability partnership;

(vi) the appointment of the designated extra-provincial

limited liability partnership's attorney for service and, if

applicable, alternative attorney for service, including the

attorney's and alternative attorney's name, firm name,

physical address and, if different from the physical

address, mailing address;

(vii) any other information required by the Registrar.

(3.1) The physical address and, if different from the physical

address, the mailing address referred to in subsection (3)(b)(vi) must

be located in Alberta.

Section 24 is amended

(

a) in subsection (2) by striking out "designated

extra-provincial registrar" and substituting "home

registrar and must include any information required by the

Registrar";

(

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

(3) If the Registrar is satisfied that all of the information and

documents necessary for a registered designated limited liability

partnership to change its name have been received in the form

specified in the applicable agreement, the Registrar shall file the

information and documents.

Section 25 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) The notice referred to in subsection (1) must

(

a) be submitted to the home registrar,

(

b) include the address of the new head office, and

(

c) include any information required by the Registrar.

(

b) in subsection (3) by striking out "corporation" and

substituting "limited liability partnership".

Section 26(4) is repealed and the following is

substituted:

(4) A notice under subsection (1), (2) or (3) must

(

a) be submitted to the home registrar,

(

b) include the attorney's and any alternative attorney's name,

firm name, physical address and, if different from the

physical address, mailing address, and

(

c) include any information required by the Registrar.

(4.1) The physical address and, if different from the physical

address, the mailing address referred to in subsection (4)(

b) must be

located in Alberta.

Section 27(2) is repealed and the following is

substituted:

(2) An application referred to in subsection (1) must

(

a) be submitted to the home registrar,

(

b) contain a statement that the registered designated

extra-provincial limited liability partnership has ceased to

carry on business in Alberta, and

(

c) include any information required by the Registrar.

Section 32(1) is amended in clauses (

g) and (

i) by

striking out "the jurisdiction in which it was formed" wherever it

occurs and substituting "its home jurisdiction".

17 Sections 33 and 34 are amended by striking out

"designated extra-provincial registrar" wherever it occurs and

substituting "home registrar".

Section 37(1) and (2) are repealed and the following is

substituted:

Transitional

37(1) Where an extra-provincial limited partnership formed in the

jurisdiction of a designated extra-provincial registrar was registered

as an extra-provincial limited partnership immediately before that

extra-provincial registrar was designated under

section 7, the

extra-provincial limited partnership is deemed to be registered under

section 80.1 of the Act.

(2) Where an extra-provincial limited liability partnership for which

the governing jurisdiction is the jurisdiction of a designated

extra-provincial registrar was registered as an extra-provincial

limited liability partnership immediately before that extra-provincial

registrar was designated under

section 7, the extra-provincial limited

liability partnership is deemed to be registered under

section 104.1 of

the Act.

Section 39 is amended by striking out "October 31, 2014"

and substituting "October 31, 2019".

20 This Regulation comes into force on July 1, 2013.

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

Alberta Regulation 127/2013

Municipal Government Act

MUNICIPAL GAS SYSTEMS CORE MARKET AMENDMENT REGULATION

Filed: June 26, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 196/2013)

on June 25, 2013 pursuant to

section 31 of the Municipal Government Act.

1 The Municipal Gas Systems Core Market Regulation

(AR 93/2001) is amended by this Regulation.

Section 10 is amended by striking out "July 31, 2013" and

substituting "July 31, 2018".

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

Alberta Regulation 128/2013

Family and Community Support Services Act

FAMILY AND COMMUNITY SUPPORT SERVICES (EXTENSION

OF EXPIRY DATE) AMENDMENT REGULATION

Filed: June 26, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 198/2013)

on June 25, 2013 pursuant to

section 7 of the Family and Community Support

Services Act.

1 The Family and Community Support Services Regulation

(AR 218/94) is amended by this Regulation.

Section 13 is amended by striking out "June 30, 2013" and

substituting "June 30, 2015".

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

Alberta Regulation 129/2013

Financial Consumers Act

FINANCIAL CONSUMERS AMENDMENT REGULATION

Filed: June 26, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 199/2013)

on June 25, 2013 pursuant to

section 4 of the Financial Consumers Act.

1 The Financial Consumers Regulation (AR 165/2002) is

amended by this Regulation.

Section 3 is repealed and the following is substituted:

Exempt agent - authorization in writing

Section 17 of the Act does not apply to an agent who is

authorized in writing to issue a receipt in the name of a supplier for

which the supplier will accept responsibility.

Exemption from Act

3.1 The Act does not apply to an agent who is required to be

registered in accordance with

section 75 of the Securities Act.

Section 5 is amended by striking out "June 30, 2013" and

substituting "June 30, 2020".

Alberta Regulation 130/2013

Environmental Protection and Enhancement Act

ENVIRONMENTAL PROTECTION AND ENHANCEMENT REGULATIONS

(EXPIRY) AMENDMENT REGULATION

Filed: June 26, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 201/2013)

on June 25, 2013 pursuant to sections 86, 146, 166 and 239 of the Environmental

Protection and Enhancement Act.

1 The Administrative Penalty Regulation (AR 23/2003) is

amended in

section 6 by striking out "June 30, 2013" and

substituting "June 30, 2015".

2 The Conservation and Reclamation Regulation

(AR 115/93) is amended in

section 25.1 by striking out "June

30, 2013" and substituting "June 30, 2015".

3(1) The Pesticide Sales, Handling, Use and Application

Regulation (AR 24/97) is amended by this section.

(2) The following is added after

section 35:

Expiry

Expiry

35.1 For the purpose of ensuring that this Regulation is reviewed

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

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

Regulation expires on June 30, 2015.

(3) The heading preceding

section 37 and

section 37 are

repealed.

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

Alberta Regulation 131/2013

Marketing of Agricultural Products Act

ALBERTA WHEAT COMMISSION AMENDMENT REGULATION

Filed: June 27, 2013

For information only: Made by the Alberta Wheat Commission on May 28, 2013

pursuant to

section 26 of the Marketing of Agricultural Products Act and approved by

the Agricultural Products Marketing Council on June 14, 2013.

1 The Alberta Wheat Commission Regulation

(AR 137/2012) is amended by this Regulation.

Section 9(5)(

b) is amended by striking out "Review and

Repeal Regulation" and substituting "Review and Appeal

Regulation".

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

Alberta Regulation 132/2013

Marketing of Agricultural Products Act

ALBERTA CANOLA PRODUCERS MARKETING

AMENDMENT REGULATION

Filed: June 27, 2013

For information only: Made by the Alberta Canola Producers Commission on June

1, 2013 pursuant to

section 26 of the Marketing of Agricultural Products Act and

approved by the Agricultural Products Marketing Council on June 14, 2013.

1 The Alberta Canola Producers Marketing Regulation

(AR 142/98) is amended by this Regulation.

Section 13(5)(

b) is amended by striking out "Review and

Repeal Regulation (AR 84/2012)" and substituting "Review and

Appeal Regulation (AR 84/2010)".

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

Alberta Regulation 133/2013

Historical Resources Act

ARCHAEOLOGICAL AND PALAEONTOLOGICAL RESEARCH

PERMIT AMENDMENT REGULATION

Filed: June 27, 2013

For information only: Made by the Minister of Culture (M.O. 15/13) on June 24,

2013 pursuant to

section 6(2) of the Historical Resources Act.

1 The Archaeological and Palaeontological Research

Permit Regulation (AR 254/2002) is amended by this

Regulation.

Section 19 is amended by striking out "October 31, 2013"

and substituting "October 31, 2020".

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

Alberta Regulation 134/2013

Cooperatives Act

COOPERATIVES AMENDMENT REGULATION

Filed: June 28, 2013

For information only: Made by the Minister of Service Alberta (M.O. SA:009/2013)

on June 28, 2013 pursuant to sections 352 and 382.3 of the Cooperatives Act.

1 The Cooperatives Regulation (AR 55/2002) is amended

by this Regulation.

Section 42 is repealed and the following is substituted:

Additional information for articles of incorporation

42 Articles of incorporation submitted under

section 4 of the Act

must include or be accompanied by the following information:

(

a) the fiscal year end of the cooperative;

(

b) the type of business of the cooperative.

Section 50(1) is repealed.

Section 51 is amended by adding the following after

clause (c):

(c.1) "home director" means the designated extra-provincial

director of the home jurisdiction of a designated

extra-provincial cooperative;

Section 52 is amended

(

a) by repealing subsection (1) and substituting the

following:

Designations

52(1) The registrar as defined in the Cooperative Association

Act, SBC 1999, c28, the registrar as defined in The

Co-operatives Act, 1996, SS 1996, c C-37.3 and the registrar as

defined in The New Generation Co-operatives Act, SS 1999, c

N-4.001 are designated as extra-provincial directors to which this

Part applies.

(

b) in subsection (2) by adding ", and co-operatives as

defined in The New Generation Co-operatives Act, SS 1999,

c N-4.001 and The Co-operatives Act, 1996, SS 1996, c

C-37.3" after "Cooperative Association Act, SBC 1999,

c28".

Section 55(1)(

b) is amended by striking out "an electronic

format" and substituting "a form under clause (a)".

Section 58 is amended

(

a) in subsection (2)

(

i) in clause (

a) by striking out "designated

extra-provincial" and substituting "home";

(ii) In clause (b)

(

A) by repealing subclause (iii);

(

B) by adding the following after subclause

(v):

(vi) the name of the designated extra-provincial

cooperative;

(vii) the home jurisdiction of the designated

extra-provincial cooperative;

(viii) the type of the designated extra-provincial

cooperative;

(ix) any other information required by the

Director.

(

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

(2.1) The physical address and, if different from the physical

address, the mailing address referred to in subsection (2)(b)(

v) must be located in Alberta.

Section 61(2) is repealed and the following is

substituted:

(2) A notice referred to in subsection (1) must

(

a) be submitted to the home director,

(

b) identify the name of the designated extra-provincial

cooperative,

(

c) identify the new name of the designated extra-provincial

cooperative,

(

d) if the new name contravenes

section 371 of the Act, include

the new assumed name of the designated extra-provincial

cooperative,

(

e) be accompanied with an original Alberta Search Report from

the NUANS (Newly Upgraded Automated Name Search)

more than 90 days prior to the submission of the report, and

(

f) include any other information required by the Director.

Section 62(2) is repealed and the following is

substituted:

(2) An application referred to in subsection (1) must

(

a) be submitted to the home director,

(

b) identify

(

i) the name of the registered designated extra-provincial

cooperative,

(ii) the cancelled assumed name of the registered designated

extra-provincial cooperative, and

(iii) any other information required by the Director,

and

(

c) be accompanied with an original Alberta Search Report from

the NUANS (Newly Upgraded Automated Name Search)

more than 90 days prior to the submission of the report.

Section 63(2) is repealed and the following is

substituted:

(2) The notice referred to in subsection (1) must

(

a) be submitted to the home director, and

(

b) include

(

i) the address of the new head office, and

(ii) any other information required by the Director.

Section 64(4) is repealed and the following is

substituted:

(4) A notice under subsection (1), (2) or (3) must

(

a) be submitted to the home director, and

(

b) include

(

i) the attorney's and any alternative attorney's name, firm

name, physical address and, if different from the

physical address, mailing address, and

(ii) any other information required by the Director.

(4.1) The physical address and, if different from the physical

address, the mailing address referred to in subsection (4)(b)(

i) must

be located in Alberta.

Section 65(2) is repealed and the following is

substituted:

(2) A notice referred to in subsection (1) must

(

a) be submitted to the home director, and

(

b) be accompanied with the following information and

documents:

(

i) the names of the designated extra-provincial

cooperatives or other extra-provincial cooperatives that

are amalgamating with the registered designated

extra-provincial cooperative;

(ii) the name of the amalgamated designated

extra-provincial cooperative;

(iii) if the name of the amalgamated designated

extra-provincial cooperative contravenes

section 371 of

the Act, the assumed name of the amalgamated

designated extra-provincial cooperative;

(iv) an original Alberta Search Report from the NUANS

(Newly Upgraded Automated Name Search) system

more than 90 days prior to the submission of the report;

(

v) the type of amalgamated designated extra-provincial

cooperative;

(vi) the address of the head office of the amalgamated

designated extra-provincial cooperative;

(vii) the home jurisdiction of the amalgamated designated

extra-provincial cooperative;

(viii) the effective date of the amalgamation in the

amalgamated designated extra-provincial cooperative's

home jurisdiction;

(ix) the appointment of the amalgamated designated

extra-provincial cooperative's attorney for service and,

if applicable, alternative attorney for service, including

the attorney's and alternative attorney's name, firm

name, physical address and, if different from the

physical address, mailing address;

(

x) any other information required by the Director.

(2.1) The physical address and, if different from the physical

address, the mailing address referred to in subsection (2)(b)(ix) must

be located in Alberta.

13 The following is added after

section 65:

Change of home jurisdiction by designated extra-provincial

cooperative

65.1(1) If a registered designated extra-provincial cooperative

changes its home jurisdiction and is continued into the jurisdiction of

a new designated extra-provincial director, it shall, within one month

after the effective date of the change, give notice of the change to the

Director.

(2) The notice referred to in subsection (1) must

(

a) be submitted to the new home director of the cooperative,

(

b) identify the new home jurisdiction,

(

c) indicate any name change related to the continuation of the

cooperative in accordance with

section 61(2), and

(

d) provide the information required by

section 63 regarding any

change of head office related to the continuation of the

cooperative.

(3) If the Director is satisfied that all of the information and

documents necessary for a registered designated extra-provincial

cooperative to file its change of home jurisdiction into the

jurisdiction of a designated extra-provincial director have been

received in the form specified in the applicable agreement, the

Director shall file the information and documents.

Change of home jurisdiction by registered extra-provincial

cooperative

65.2(1) If a registered extra-provincial cooperative is continued into

the jurisdiction of a designated extra-provincial director, it shall,

within one month after the effective date of the change, give notice

of the change to the Director.

(2) The notice referred to in subsection (1) must

(

a) be submitted to the new home director of the designated

extra-provincial cooperative,

(

b) identify the new home jurisdiction,

(

c) indicate any name change related to the continuation of the

cooperative in accordance with

section 61(2), and

(

d) provide the information required by

section 63 regarding any

change of head office related to the continuation of the

cooperative.

(3) If the Director is satisfied that all of the information and

documents necessary for a registered extra-provincial cooperative to

file its change of jurisdiction into the jurisdiction of a designated

extra-provincial director have been received in the form specified in

the applicable agreement, the Director shall file the information and

documents.

Section 67 is amended

(

a) by repealing clause (b);

(

b) by striking out "or" at the end of clause (

c) and by

adding the following after clause (c):

(c.1) has otherwise ceased to be a designated extra-provincial

cooperative, or

Section 69 is repealed.

Section 70 is amended by striking out "section 69" and

substituting "this Act".

17 The following sections are amended by striking out

"designated extra-provincial director" wherever it occurs and

substituting "home director":

section 66(2)(a);

section 71(1);

section 72;

section 73.

Schedule 2 is amended

(

a) in

Summary of Articles of Incorporation Form GS 89

by repealing item 11.1;

(

b) by repealing the following forms:

Statutory Declaration Form GS 93A;

Statutory Declaration Form GS 93B;

Statutory Declaration Form GS 93C;

Statutory Declaration Form GS 93D;

Statutory Declaration Form GS 95;

Statutory Declaration Form GS 97;

Summary Articles of Amalgamation Statutory Declaration Form

GS 98;

Statutory Declaration Form GS 98;

Form GS 100;

Application to Reinstate Extra-Provincial/Foreign Cooperative

Form GS 101;

Statutory Declaration Form GS 122.

Schedule 2 is repealed.

20(1) This Regulation, except sections 2, 3 and 19 come

into force on July 1, 2013.

(2) Sections 2, 3 and 19 come into force on October 1, 2013.

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

Alberta Regulation 135/2013

Fair Trading Act

ADMINISTRATIVE PENALTIES (FAIR TRADING ACT) REGULATION

Filed: June 28, 2013

For information only: Made by the Minister of Service Alberta (M.O. SA:010/2013)

on June 28, 2013 pursuant to sections 158.5, 183(a), (

b) and (c)(xiv) of the Fair

Trading Act.

Table of Contents

1 Notice of administrative penalty

2 Amount of administrative penalty

3 Time for payment

4 Appeal application fee

5 Appeal board

6 Costs

7 Expiry

8 Coming into force

Notice of administrative penalty

1 A notice of an administrative penalty must contain the following

information:

(

a) the name of the person to whom the administrative penalty is

issued;

(

b) identification of the provision of the Act or regulation that

was contravened or not complied with;

(

c) a description of the contravention or failure to comply

identified under clause (b);

(

d) the amount of the administrative penalty;

(

e) the time period within which the administrative penalty must

be paid;

(

f) a statement describing the right to appeal to the Minister

under

section 179 of the Act and the particulars of how the

appeal is to be made and the time within which it must be

made.

Amount of administrative penalty

2(1) Subject to

section 158.1(3) of the Act and this section, the

amount of an administrative penalty for a contravention or failure to

comply is the amount set in accordance with this

section by the

Director.

(2) In setting the amount of the administrative penalty for a

contravention or failure to comply, the Director may consider the

following factors:

(

a) the seriousness of the contravention or failure to comply;

(

b) the degree of wilfulness or negligence in the contravention or

failure to comply;

(

c) the impact on any person adversely affected by the

contravention or failure to comply;

(

d) whether or not the person who receives the notice of

administrative penalty has a history of non-compliance;

(

e) whether or not there were any mitigating factors relating to

the contravention or failure to comply;

(

f) whether or not the person who receives the notice of

administrative penalty has derived any economic benefit

from the contravention or failure to comply;

(

g) any other factors that, in the opinion of the Director, are

relevant.

(3) The minimum administrative penalty that may be imposed by the

Director for a contravention or failure to comply with a provision of

the Act or regulations is $250.

(4) The maximum administrative penalty that may be imposed for a

contravention of

section 111(2) or 140(2) of the Act is $2500 for each

contravention.

(5) The maximum administrative penalty that may be imposed for a

contravention of

section 132 of the Act is $25 000 for each

contravention.

(6) The administrative penalty that may be imposed for a

contravention of

section 134(1) of the Act is $250 for each

contravention.

(7) For continuing contraventions, the maximum administrative

penalty that may be imposed for each day or part of a day on which the

contravention continues is $5000.

Time for payment

3 Subject to any stay that is in effect under

section 180(4) of the Act,

a person who is required to pay an administrative penalty shall pay the

amount of the administrative penalty

(

a) within 30 days of the date of service of the notice of

administrative penalty, or

(

b) within the time period specified in the notice of

administrative penalty,

whichever is later.

Appeal application fee

4 The fee for an appeal made pursuant to

section 179 of the Act is the

lesser of

(a) $1000, or

(

b) half of the amount of the administrative penalty set out in the

notice of administrative penalty.

Appeal board

5 Notwithstanding

section 2(2) of the Appeal Board Regulation

(AR 195/99), for the purposes of hearing an appeal of an

administrative penalty under

section 179 of the Act, an appeal board is

composed of one to 3 members.

Costs

6(1) If the appellant is the successful party in an appeal, the appeal

board may award costs to the appellant.

(2) The costs that may be awarded under subsection (1) must not

exceed the amount of the appeal application fee paid by the appellant

under

section 4.

Expiry

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

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

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

Regulation expires on October 31, 2018.

Coming into force

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

section 1(2) to (5), (8), (9) and (10) of the Protection and Compliance

Statutes Amendment Act, 2012.

(NOTE: Despite

section 8, this Regulation comes into force on the

date it was filed - June 28, 2013; see

section 2 of the Regulations

Act.)

Document details

CollectionAlberta — Gazette
Citation15 July 2013
Typegazette
Volume / chapter13 Jul15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifier535d0c7b78646f46e89d5a8fde493959a3382847

Source file is stored in the law ingest library (html).