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Section 15 is repealed and the following is substituted: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.
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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.
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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".
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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.
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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.)