Alberta Regulation 10/2022

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES

AMENDMENT REGULATION

Filed: February 16, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 027/2022)

on February 16, 2022 pursuant to

section 23 of the Regional Health Authorities Act.

1 The Regional Health Authorities Regulation (AR 15/95) is

amended by this Regulation.

Section 2.71(6) is repealed and the following is

substituted:

(6) Notwithstanding subsection (1), but subject to any directive, a

regional health authority may transfer supplies to a third party,

without charge, if the regional health authority determines that the

transfer is required to protect the public health and may lessen the

impact of COVID-19.

Section 2.9 is amended

(

a) in subsection (1)

(

i) in clause (

a) by adding ", excluding asset retirement

obligations" after "statement of financial position";

(ii) in clause (

b) by adding ", excluding asset retirement

obligations" after "statement of financial position";

(iii) in clause (c)

(

A) in subclause (

i) by adding ", excluding

expenses recognized for asset retirement

obligations," after "total expenses for a fiscal

year";

(

B) in subclause (ii) by adding ", excluding

revenue recognized for asset retirement

obligations," after "total revenue for a fiscal

year";

(iv) by adding the following after clause (c):

(d) "asset retirement obligations" means asset

retirement obligations within the meaning of

Section PS 3280, Asset Retirement Obligations, of

the Public Sector Accounting Standards issued by

the Public Sector Accounting Board (August 2018)

and included in the CPA Canada Public Sector

Accounting Handbook published by the Chartered

Professional Accountants of Canada, as amended

from time to time.

(

b) in subsection (4) by striking out "4 months" and

substituting "6 months";

(

c) by repealing subsection (6).

4 The following is added after

section 9:

Expiry

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

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

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

Regulation expires on November 30, 2026.

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Alberta Regulation 11/2022

Alberta Indigenous Opportunities Corporation Act

ALBERTA INDIGENOUS OPPORTUNITIES CORPORATION

AMENDMENT REGULATION

Filed: February 16, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 028/2022)

on February 16, 2022 pursuant to sections 2 and 14 of the Alberta Indigenous

Opportunities Corporation Act.

1 The Alberta Indigenous Opportunities Corporation

Regulation (AR 162/2019) is amended by this Regulation.

Section 1 is repealed and the following is substituted:

Exercising powers under

section 2(6) of Act

1(1) The Corporation may only exercise the powers under

section

2(6) of the Act if one or more indigenous groups are investing a total

of at least $20 000 000 in

(

a) a specific authorized natural resource project or related

infrastructure, or

(

b) any other specific authorized project or related infrastructure

that fall within the mandate of the Corporation for the purposes of

the Act.

(2) For the purposes of subsection (1), the amount of any direct

investment by the Corporation in an authorized natural resource

project, any other authorized project or related infrastructure, as the

case may be, shall be considered to be and shall be calculated as part

of the total amount of indigenous group investment in that project or

related infrastructure, as the case may be.

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

(2) The Corporation shall not make a grant or contribution for the

purpose of providing funds to purchase or invest in an authorized

natural resource project, any other authorized project or related

infrastructure, as the case may be.

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

Alberta Regulation 12/2022

Municipal Government Act

SOCIAL AND AFFORDABLE HOUSING ACCOMMODATION

EXEMPTION REGULATION

Filed: February 18, 2022

For information only: Made by the Minister of Municipal Affairs (M.O.

MAG:001/22) on February 14, 2022 pursuant to

section 370(

a) of the Municipal

Government Act.

Table of Contents

Definitions

2 Application

3 Tax exemption - Alberta Social Housing Corporation

4 Tax exemption - former Alberta Social Housing Corporation

property

5 Non-application of Community Organization Property Tax

Exemption Regulation

6 Repeal

7 Coming into force

Definitions

1 In this Regulation,

(a) "affordable housing accommodation" means affordable

housing accommodation as defined in the Alberta Housing

Act;

(b) "affordable housing provider" means affordable housing

provider as defined in the Alberta Housing Act;

(c) "management body" means management body as defined in

the Alberta Housing Act;

(d) "social housing accommodation" means social housing

accommodation as defined in the Social Housing

Accommodation Regulation (AR 244/94).

Application

2 This Regulation applies to taxation in 2022 and later years.

Tax exemption - Alberta Social Housing Corporation

3 Property that is owned by the Alberta Social Housing Corporation

is exempt from taxation under

section 361(

b) of the Act to the extent of

100% of its assessment.

Tax exemption - former Alberta Social Housing Corporation property

4(1) A property or unit in a property purchased from the Alberta

Social Housing Corporation by an affordable housing provider or

management body is exempt from taxation under

section 361(

b) of the

Act to the extent of 100% of its assessment

(

a) during any period of time that the Minister of Seniors and

Housing considers is reasonably required by the affordable

housing provider or management body or any other

affordable housing provider or management body to renovate

or repair the property or unit for use as an affordable housing

accommodation or social housing accommodation,

(

b) while the affordable housing provider or management body

or any other affordable housing provider or management

body uses the property or unit to provide affordable housing

accommodation or social housing accommodation, and

(

c) during any period of time that the Minister of Seniors and

Housing considers reasonable where the affordable housing

provider or management body or any other affordable

housing provider or management body intends to use the

property or unit to provide affordable housing

accommodation or social housing accommodation but the

property or unit is vacant.

(2) Subsection (1) does not apply during any period of time that

occurs after an affordable housing provider or management body uses

the property or unit in circumstances other than those referred to in

subsection (1)(

a) to (c).

Non-application of Community Organization

Property Tax Exemption Regulation

5 The Community Organization Property Tax Exemption Regulation

(AR 281/98) does not apply to an exemption from taxation described

section 3 or 4.

Repeal

6 The Alberta Social Housing Corporation Exemption Regulation

(AR 258/2017) is repealed.

Coming into force

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

Alberta Housing Amendment Act, 2021.

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Alberta Regulation 13/2022

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: February 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 034/2022)

on February 23, 2022 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 44/2019) is amended by this Regulation.

Section 2(1) is amended by adding the following after

clause (f):

(f.1) Skilled Trades and Apprenticeship Education Act;

Section 6(1) is amended

(

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

(b.1) Arts Professions Recognition Act;

(

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

(g.1) Freedom to Care Act;

(g.2) Genocide Remembrance, Condemnation and Prevention

Month Act;

(

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

(j.1) Polish-Canadian Heritage Day Act;

(

d) by adding the following after clause (k):

(k.1) Reservists' Recognition Act;

Section 8 is amended by adding the following after

clause (a):

(a.01) College of Alberta School Superintendents Act;

Section 9 is amended

(

a) in subsection (1)

(

i) by adding the following after clause (k):

(k.1) Mineral Resource Development Act;

(ii) by adding the following after clause (s):

(s.1) Preserving Canada's Economic Prosperity Act;

(

b) by repealing subsection (2)(c).

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

clause (w):

(w.1) Trails Act;

Section 11(1) is amended by adding the following after

clause (e):

(e.1) COVID-19 Related Measures Act;

Section 13(1) is amended by renumbering clause (

a) as

clause (a.1) and by adding the following before clause (a.1):

(

a) section 6 of the Infrastructure Accountability Act;

Section 14(1) is amended

(

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

(i.1) Citizen Initiative Act;

(

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

(xxx.1) Recall Act;

Section 15(1) is amended

(

a) by adding the following after clause (i.1):

(i.2) Labour Mobility Act;

(

b) by repealing clause (t).

Section 16(1) is amended

(

a) in clause (

g) by striking out "sections 25 to" and

substituting "sections 27,";

(

b) by repealing clause (

p) and substituting the

following:

(

p) section 8 of the Surface Rights Act;

Section 20(1) is amended

(

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

(j.1) Captive Insurance Companies Act;

(

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

(y.1) Infrastructure Accountability Act, except

section 6;

Alberta Regulation 14/2022

Provincial Offences Procedure Act

PROCEDURES (ENVIRONMENT AND PARKS)

AMENDMENT REGULATION

Filed: February 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 037/2022)

on February 23, 2022 pursuant to

section 42 of the Provincial Offences Procedure

Act.

1 The Procedures Regulation (AR 63/2017) is amended

by this Regulation.

2 The

Schedule is amended

(

a) in

Part 19.1 in

section 1 in Item 1 by striking out

"250" and substituting "500";

(

b) in

Part 20 in

section 1

(

i) by adding the following after Item 1.3:

1.4

33.2(1)

1.5

33.2(2)

1.6

33.2(3)

(ii) by adding the following after Item 6:

6.1

48.2

(iii) by adding the following after Item 8:

8.1

181(a.1)

(iv) by adding the following after Item 9:

9.1

181(c)

(

v) by adding the following after Item 23:

23.1

188.1(1)

23.2

188.1(2)

23.3

188.1(3)

(vi) by repealing Item 36 and substituting the

following:

199.3

36.1

199.5

(vii) by adding the following after Item 37:

37.1

200.1(1)

37.2

200.1(2)

(viii) in Item 40 by striking out "150" and substituting

"350";

(ix) by adding the following after Item 40:

40.1

206(3)

40.2

206(4)

3 This Regulation comes into force 30 days after it is filed

under the Regulations Act.

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Alberta Regulation 15/2022

Public Lands Act

PUBLIC LANDS ADMINISTRATION

(RECREATION) AMENDMENT REGULATION

Filed: February 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 038/2022)

on February 23, 2022 pursuant to sections 8, 9, 9.1(3) and 71.1 of the Public Lands

Act.

1 The Public Lands Administration Regulation

(AR 187/2011) is amended by this Regulation.

Section 1(1) is amended

(

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

(f.1) "camping accommodation unit" means

(

i) a motor home,

(ii) a van,

(iii) a truck camper,

(iv) a trailer,

(

v) a tent trailer, or

(vi) a tent

used or intended to be used by a person as shelter

equipment while camping;

(

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

(l.1) "firearm" means a pistol, rifle, gun, sling-shot, bow and

arrow or any other device that discharges a potentially

harmful missile;

(

c) by adding the following after clause (r):

(r.1) "provincial trail" means an area of public land

designated as a provincial trail under

section 71.01(1) of

the Act;

(

d) by repealing clause (t);

(

e) by adding the following after clause (ee):

(ee.1) "trail manager" means a trail manager appointed under

the Trails Act;

Section 30(

e) is repealed and the following is

substituted:

(e) "trail" means an area of vacant public land that is travelled

by people at any time in a calendar year, and that is all or part

(

i) a publicly owned road other than a primary highway as

defined in the Public Highways Development Act,

(ii) a publicly owned trail,

(iii) a bridge or other crossing of a river, stream or

watercourse, including a water crossing designated

under

section 33.3,

(iv) a parking area, or

(

v) a provincial trail

that has been the subject of any work to enable use of the

trail by foot, motor vehicles or any other conveyance.

4 The following is added after

section 31:

Use of firearms on public land

31.1 No person shall discharge a firearm on public land in such a

manner as to endanger other persons.

Section 33(2) is amended by adding the following after

clause (d):

(d.1) the trail is closed pursuant to

section 199.4,

Section 33.1 is amended by adding the following after

subsection (1):

(1.1) The Minister or a person authorized by the Minister may issue

an activity pass in accordance with an order made under subsection

(1).

7 The following is added after

section 33.1:

Camping on vacant public land

33.2(1) Subject to

section 34, a person camping on vacant public

land shall maintain the area used by that person

(

a) in a clean and sanitary condition, and

(

b) in a condition satisfactory to an officer.

(2) Subject to

section 34, a person vacating vacant public land after

camping shall

(

a) remove all garbage and personal property from the area used

by that person, and

(

b) restore the area used by that person to a clean and sanitary

condition.

(3) Subject to sections 32(2)(

a) and 42.1, a person occupying vacant

public land for a recreational purpose with a camping

accommodation unit must, immediately after 14 consecutive days of

occupying the area, move their camping accommodation unit a

minimum of one kilometre away for a period of at least 72 hours.

Signs or notices for water crossing for trails

33.3(1) The director may designate an area of public land as a

water crossing for a trail used for a recreational purpose and set rules

for the use of that water crossing by posting signs or notices on or

about the water crossing.

(2) A trail manager may post written instructions, signs or notices

on or about a water crossing for a trail designated under subsection

(1) in accordance with any applicable trail management plan

established under the Trails Act.

Section 34(1) is repealed and the following is

substituted:

Restrictions and paramountcy

34(1) Vacant public land that is within a public land use zone,

public land recreation area or provincial trail must be used in

accordance with this Part and Division 1 of

Part 9.

Section 35(1) is repealed and the following is

substituted:

Direction to leave

35(1) If an officer reasonably believes that any person's occupation

or use of any area of vacant public land for recreational purposes has

occurred, or is likely to occur, for a period longer than 14 days and

no access permit or other disposition has been issued to the person

with respect to the occupation or use, the officer may order the

person to vacate the area of vacant public land for a period of 72

hours.

10 The following is added after

section 35:

Direction to leave and requiring activity pass

35.1(1) If an officer reasonably believes that a person has

contravened an order made under

section 33.1, the officer may order

the person to vacate the area of public land requiring an activity pass

for a period of 72 hours.

(2) A person ordered to vacate the area under subsection (1) must

immediately comply with the order.

Direction to leave in case of loss or damage

35.2(1) If an officer reasonably believes that any person's

occupation or use of any area of vacant public land for recreational

purposes has caused, or is likely to cause, loss or damage, the officer

may order the person to vacate the area of public land for a period of

72 hours.

(2) A person ordered to vacate the area under subsection (1) must

immediately comply with the order.

Section 37.1(3) is amended

(

a) by striking out "entry or occupation of a trail" and

substituting "entry on or occupation of a trail";

(

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

d) and

adding the following after clause (d):

(d.1) to a person conducting activities under a trail agreement

under the Trails Act, for the purpose of the operation,

management, construction, development or maintenance

of a designated trail or designated trail area under that

Act,

(d.2) to a trail manager, or

Section 43(a)(iii) is repealed and the following is

substituted:

(iii) does not involve the use of a wheeled or tracked

conveyance, unless the entry or occupation occurs

within a designated water crossing and is in accordance

with the rules specified in signs or notices under

section

33.3,

Section 47 is repealed and the following is substituted:

Liability of owner

47 Where a contravention of

section 33.1(4), 43, 44, 45(1) or (4),

48.2, 199.3 or 199.5 is committed by means of a motor vehicle or

trailer to which the Traffic Safety Act applies, the registered owner of

the motor vehicle or trailer, as the case may be, is guilty of the

contravention and liable to any administrative penalty or fine

imposed under the Act or this Regulation in respect of it, whether or

not any other person is charged with or prosecuted in respect of the

contravention.

14 The following is added after

section 48:

Notice of prohibition or restriction of uses and activities

48.1(1) Subject to subsection (2), the director may prohibit or

restrict any use or activity for a recreational purpose within an area

of vacant public land

(

a) to stop or reduce specific loss or damage that is occurring

within the area,

(

b) to prevent specific loss or damage from occurring within the

area,

(

c) to stop or reduce specific harm, injury or damage that is

occurring to any person, resource or thing within the area, or

(

d) to prevent specific harm, injury or damage from occurring to

any person, resource or thing within the area

for a period not exceeding 2 years.

(2) The director must not prohibit the following activities in an area

of vacant public land where any use or activity within that area has

been prohibited or restricted under subsection (1):

(

a) hunting as defined in the Wildlife Act;

(

b) fishing as defined in the Fisheries (Alberta) Act.

(3) Where the director prohibits or restricts any use or activity

within an area of vacant public land under subsection (1), the

Department must provide notice, as soon as practicable, of the

prohibition or restriction, as the case may be, by

(

a) publishing the prohibition or restriction, which may include

publication on the Department's website, or

(

b) posting signs to be visibly displayed at places likely to be

used to enter the area of vacant public land or at fence

corners or along the perimeter of the area of vacant public

land.

(4) For the purpose of subsection (1), a notice under subsection (3) is

deemed to be sufficient notice to any person charged with an offence in

connection with a prohibition or restriction made under subsection

(1) to which the notice relates.

Prohibition or restriction - uses and activities for

recreational purpose

48.2 No person shall engage in any use or activity for a

recreational purpose

(

a) that has been prohibited, or

(

b) in a manner that has been restricted

under

section 48.1(1).

Section 137 is amended

(

a) by repealing subsection (1)(

b) and substituting the

following:

(

b) for a term of up to 10 years if the applicant has

conducted commercial trail riding operations in a

manner satisfactory to the director.

(

b) by repealing subsection (2) and substituting the

following:

(2) The director may, at any time during the last half of the

term of a permit issued under subsection (1)(b), renew the

permit for an additional term of up to 10 years if the operator

has conducted operations in a manner satisfactory to the

director.

Section 143(2) is amended by striking out "5 years" and

substituting "10 years".

Section 174 is amended

(

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

(c.1)

section 31.1;

(

b) by adding the following after clause (e.1):

(e.2)

section 33.2;

(

c) by adding the following after clause (f):

(f.1)

section 35.1(2);

(f.2)

section 35.2(2);

(

d) by adding the following after clause (k):

(k.1)

section 48.2;

(

e) by repealing clause (cc) and substituting the

following:

(cc)

section 181;

(

f) by repealing clause (ii) and substituting the

following:

(ii)

section 188;

(ii.1)

section 188.1;

(

g) by repealing clause (tt) and substituting the

following:

(tt)

section 199.3;

(tt.1)

section 199.5;

(

h) by adding the following after clause (uu):

(uu.1)

section 200.1;

(

i) by adding the following after clause (bbb):

(bbb.1)

section 207.2(1), (2) and (4);

Section 177 is amended

(

a) in subsection (1)

(

i) by striking out "Schedules 4 to 7" and substituting

"Schedules 4, 5 and 7";

(ii) by repealing clauses (

a) and (c);

(iii) by adding the following after clause (i):

(i.1) "registered fur management area" means a

registered fur management area as defined in the

Wildlife Regulation (AR 143/97);

(iv) by adding the following after clause (k):

(k.1) "trail damage", in respect of a provincial trail,

means human activity that modifies or results in

the modification of the trail tread, ditch or

structures associated with the trail, including but

not limited to parking space, launching ramps, trail

shelters, bridges, litter shelters, corrals and

outhouses of a provincial trail from the state in

which it existed before the human activity

occurred and does not include the activities of a

trail manager under

section 207.1(

a) to (f);

(k.2) "trail tread" means the surface of a provincial trail

especially adapted to the use of conveyance or foot

traffic.

(

v) by repealing clause (l);

(

b) in subsection (3)

(

i) by striking out "Schedule 4, 5, 6 or 7" and

substituting "Schedule 4, 5 or 7";

(ii) by striking out ", public land recreation trail";

(

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

(4) Where a provincial trail is within a public land use zone, use

of the provincial trail shall be in accordance with the provisions

of this Part that apply to provincial trails in addition to the

provisions of this Part that apply to public land use zones, and in

the event of a conflict, provisions that apply to provincial trails

prevail.

Section 180 is repealed.

Section 181 is amended

(

a) by striking out "public land recreation trail" and

substituting "provincial trail";

(

b) by striking out "and" at the end of clause (a.1);

(

c) by repealing clause (

b) and substituting the

following:

(

b) the instructions, prohibitions and directions specified in

signs and notices posted by or at the request of an

officer on or about the public land use zone or public

land recreation area, and

(

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

(

c) the instructions, prohibitions and directions specified in

signs and notices posted by an officer or a trail manager

on or about the provincial trail except

(

i) where a director issues an access permit under

section 37 or authorizes a motor vehicle under

section 206(5),

(ii) where an exemption under

section 199.2(5) or (6)

section 206(6) applies to that person, or

(iii) when trail maintenance is allowed pursuant to

section 207.1.

Section 182 is amended by striking out "public land

recreation trail" wherever it occurs and substituting "provincial

trail".

Section 183 is amended

(

a) in subsection (1) by striking out "public land recreation

trail" and substituting "provincial trail";

(

b) in subsection (2) by striking out "public land recreation

trail land" and substituting "provincial trail".

Section 185(3) is repealed and the following is

substituted:

(3) Except to the extent a person is otherwise authorized by an

access permit, the operation of a motor vehicle within a public land

use zone is allowed only in areas or on trails that have been

designated for that purpose by signs or notices posted by an officer

in the public land use zone pursuant to this Regulation.

Section 188 is repealed and the following is

substituted:

Use of firearms, explosives or traps in

public land recreation areas

188 No person shall discharge a firearm, use an explosive or set a

trap within a public land recreation area.

25 The following is added after

section 188:

Use of firearms, explosives or traps on provincial trails

188.1(1) No person, except a person hunting within the meaning of

the Wildlife Act, shall discharge a firearm within 400 metres of a trail

tread.

(2) No person shall use an explosive on a provincial trail.

(3) No person shall set a trap

(

a) within 10 metres of the trail tread, or

(

b) on a provincial trail where setting of traps has been

prohibited under

section 188.2.

Signs or notices prohibiting traps

188.2 The director may prohibit the setting of traps on all or any

part of a provincial trail by posting signs or notices on or about the

provincial trail.

Section 199 is repealed and the following is

substituted:

Instructions, signs or notices posted by officer

199(1) An officer may post written instructions, signs or notices in

a public land recreation area or on or about a provincial trail

regarding the manner of operating a conveyance and the use of a

camping accommodation unit within the public land recreation area

or on the provincial trail, as the case may be.

(2) If an officer posts written instructions, signs or notices under

subsection (1), the officer must as soon as practicable make the

written instructions, signs or notices, as the case may be, publicly

available.

27 The following is added after

section 199:

Direction to leave

199.1 If an officer reasonably believes that a person has failed to

comply with any prohibition or direction specified in an instruction,

sign or notice in a public land recreation area or on a provincial trail

posted under this Part, the officer may direct that person to vacate

the public land recreation area or provincial trail, as the case may be.

Notice of prohibition and restriction

199.2(1) Subject to subsections (5) and (6), the director may

prohibit or restrict the type of conveyances that may be operated on a

provincial trail.

(2) Where the director prohibits or restricts the types of conveyances

that may be operated on a provincial trail under subsection (1), the

Department must provide notice of the prohibition or restriction, as

the case may be, by

(

a) publishing the prohibition or restriction, which may include

publication on the Department's website, or

(

b) posting signs on or about the provincial trail.

(3) For the purpose of subsection (1), a notice under subsection

(2) is deemed to be sufficient notice to any person charged with an

offence in connection with a prohibition or restriction made under

subsection (1) to which the notice relates.

(4) Subject to any applicable trail management plan established

under the Trails Act, a trail manager may post written instructions,

signs or notices on or about a provincial trail regarding the type of

conveyances that may be operated on the provincial trail.

(5) Subsection (1) does not apply to the operation of a motor vehicle

authorized under

section 206(5) or the operation of a motor vehicle

for trail maintenance pursuant to

section 207.1.

(6) Subsection (1) does not apply to the operation of an off-highway

vehicle or snow vehicle by an individual who is exercising a right

recognized and affirmed under

Part II of the Constitution Act, 1982

or under

section 12 of the Transfer Agreement, including an

individual who is travelling to a location to exercise a right

recognized and affirmed under

Part II of the Constitution Act, 1982

or under

section 12 of the Transfer Agreement.

Prohibition or restriction - operation of

conveyances on provincial trail

199.3 Subject to

section 199.2(5) and (6), no person shall operate a

conveyance

(

a) where the operation of that type of conveyance has been

prohibited, or

(

b) in a manner that has been restricted

under

section 199.2(1).

Closure of provincial trails

199.4(1) The director, or a trail manager with prior authorization

from the director, may close all or any part of a provincial trail for

the purpose of trail maintenance or in order to protect the provincial

trail from damage.

(2) Where the director or a trail manager closes all or any part of a

provincial trail under subsection (1), the Department must provide

notice by

(

a) publishing the closure, which may include publication on the

Department's website, or

(

b) posting signs on or about the provincial trail.

(3) For the purpose of subsection (1), a notice under subsection

(2) is deemed to be sufficient notice to any person charged with an

offence in connection with a closure under subsection (1) to which

the notice relates.

Prohibition - closure of provincial trails

199.5 No person shall enter on or occupy

(

a) a provincial trail, or

(

b) part of a provincial trail

that has been closed under

section 199.4(1).

Section 200 is amended

(

a) in subsection (1) by striking out "or on a public land

recreation trail";

(

b) in subsection (2)(

b) by striking out "or on the public

land recreation trail".

29 The following is added after

section 200:

Prohibition on provincial trails

200.1(1) No person shall leave a conveyance or camping

accommodation unit on a trail tread.

(2) Subject to subsection (4), no person shall leave a conveyance or

camping accommodation unit on a provincial trail for a period

exceeding 24 hours, unless an area of the provincial trail has been

designated for such use by written instructions, signs or notices

posted pursuant to

section 199(1).

(3) This

section does not apply to

(

a) an emergency vehicle as defined in the Traffic Safety Act,

(

b) a conveyance used in connection with the construction,

maintenance or servicing of resources within the provincial

trail, or

(

c) a towing service vehicle,

while the vehicle or the conveyance is being used for work that

requires the vehicle or conveyance to be stopped or parked.

(4) Subsection (2) does not apply to a conveyance or camping

accommodation unit left by a person who is exercising a right

recognized and affirmed under

Part II of the Constitution Act, 1982

or a right under

section 12 of the Transfer Agreement, including an

individual who is travelling to a location to exercise a right

recognized and affirmed under

Part II of the Constitution Act, 1982

or under

section 12 of the Transfer Agreement.

Section 206 is repealed and the following is

substituted:

Operation of conveyances restricted

206(1) No person shall operate a motor vehicle on a provincial trail

except according to this

section or as otherwise authorized by this

Regulation.

(2) Subject to subsections (5) and (6), a person may only operate a

motor vehicle, other than a snow vehicle, on the trail tread.

(3) Motor vehicles, except snow vehicles, may be operated on a

provincial trail designated for that use in accordance with any rules

specified in signs or notices posted by an officer or a trail manager,

as the case may be,

(

a) at speeds not exceeding the maximum speeds prescribed for

motor vehicles by the signs posted, or

(

b) where no maximum speed for motor vehicles is posted, at

speeds not exceeding 50 kilometres per hour.

(4) Snow vehicles may be operated on provincial trails designated

for that use by signs posted on or about the provincial trails by an

officer or a trail manager, as the case may be,

(

a) at speeds not exceeding the maximum speeds prescribed for

snow vehicles by the signs posted, or

(

b) where no maximum speed for snow vehicles has been posted,

at speeds not exceeding 60 kilometres per hour.

(5) The director may authorize any holder referred to in

section

207.2(1) or a holder of a permit issued under the Forest Reserves Act

to operate a motor vehicle on a provincial trail to conduct work or to

transport any persons engaged in work or any equipment used in

work on a provincial trail where operation of motor vehicles is

restricted or prohibited under this Part.

(6) Subsection (2) does not apply to the operation of an off-highway

vehicle by an individual who is exercising a right recognized and

affirmed under

Part II of the Constitution Act, 1982 or under

section

12 of the Transfer Agreement, including an individual who is

travelling to a location to exercise a right recognized and affirmed

under

Part II of the Constitution Act, 1982 or under

section 12 of the

Transfer Agreement.

Section 207 is repealed and the following is

substituted:

Pets of users on provincial trails

207(1) Where pet animals are not prohibited under subsection (2), a

person who brings a pet animal on a provincial trail must keep the pet

animal under control.

(2) The director or trail manager may prohibit pet animals from

entering on a provincial trail, or require pet animals to be on leash,

by posting signs or notices on or about the provincial trail.

32 The following is added after

section 207:

Authorized activities for maintenance

207.1 A trail manager or person conducting duties under a trail

agreement made under the Trails Act is authorized to enter on and

occupy a provincial trail to conduct the following activities for the

purposes of maintaining the trail tread:

(

a) marking trail tread with ribbons, cairns or other directional

indicators;

(

b) clearing and removing debris, including but not limited to

brush, downed trees and rocks, to enable safe use and

passage;

(

c) doing minor repairs that are required to enable safe use and

passage;

(

d) grooming;

(

e) repairing or replacing signs or notices;

(

f) doing any other activities authorized in writing by the

director.

Trail damage

207.2(1) Where the holder of a disposition under the Act or this

Regulation, or an exploration approval issued under the Exploration

Regulation (AR 284/2006) or the Metallic and Industrial Minerals

Exploration Regulation (AR 213/98), a timber disposition issued

under the Forests Act or a registered fur management licence in

respect of a provincial trail, enters on and causes or allows trail

damage, the holder must comply with all of the following:

(

a) provide immediate notice to the director or trail manager of

the trail damage;

(

b) include the date, location and type of the trail damage in the

notice under clause (a);

(

c) restore the provincial trail to

(

i) the same condition in which the trail was before the trail

damage, or

(ii) a condition satisfactory to the director.

(2) The holder in subsection (1) must complete all work required by

subsection (1)(

c) within 30 days of the trail damage or by a date

approved by the director.

(3) If the holder in subsection (1) fails to comply with subsection

(1) or (2), the director may issue an order requiring the holder to restore

the provincial trail.

(4) Where an order is issued under subsection (3), the holder must

comply with the order.

(5) In the event of a conflict between this

section and any terms or

conditions of a disposition, this

section prevails.

Section 3 of Part A of

Schedule 4 is amended

(

a) by striking out "and Public Land Recreation Trails

pursuant to

Section 46 of the Forests Act,";

(

b) by striking out "Ford Creek-Jumpingpound Public Land

Recreation Trail".

Schedule 6 is repealed.

35 This Regulation comes into force on the coming into

force of the Trails Act.

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

Alberta Regulation 16/2022

Public Lands Act

EXPLORATION DISPUTE RESOLUTION (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: February 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 039/2022)

on February 23, 2022 pursuant to

section 9 of the Public Lands Act.

1 The Exploration Dispute Resolution Regulation

(AR 227/2003) is amended by this Regulation.

Section 32 is amended by striking out "March 31, 2022"

and substituting "March 31, 2027".

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

Alberta Regulation 17/2022

Responsible Energy Development Act

SPECIFIED ENACTMENTS (JURISDICTION)

AMENDMENT REGULATION

Filed: February 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 041/2022)

on February 23, 2022 pursuant to

section 26 of the Responsible Energy Development

Act.

1 The Specified Enactments (Jurisdiction) Regulation

(AR 201/2013) is amended by this Regulation.

Schedule 1 is amended in

section 6 by adding the

following after clause (h):

(i) sections 206(5) and 207.2(1), (2) and (3).

3 This Regulation comes into force on the coming into

force of the Trails Act.

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

Alberta Regulation 18/2022

Labour Relations Code

REGIONAL HEALTH AUTHORITY COLLECTIVE

BARGAINING AMENDMENT REGULATION

Filed: February 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 044/2022)

on February 23, 2022 pursuant to

section 162.1 of the Labour Relations Code.

1 The Regional Health Authority Collective Bargaining

Regulation (AR 80/2003) is amended by this Regulation.

Section 1 is amended by repealing clauses (a.1), (a.2),

(c), (d), (d.2), (g), (g.1), (h), (

i) and (j).

3 Sections 2.1 to 21 are repealed.

Section 22 is amended by striking out "March 31, 2022"

and substituting "March 31, 2027".

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

Alberta Regulation 19/2022

Insurance Act

CERTIFICATE EXPIRY, PENALTIES AND FEES

REPEAL REGULATION

Filed: February 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 046/2022)

on February 23, 2022 pursuant to

section 498 of the Insurance Act.

1 The Certificate Expiry, Penalties and Fees Regulation

(AR 125/2001) is repealed.

2 This Regulation comes into force on the coming into

force of

section 11(3)(

b) of the Red Tape Reduction

Implementation Act, 2021 (No. 2).

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

Alberta Regulation 20/2022

Insurance Act

INSURANCE AGENTS AND ADJUSTERS

AMENDMENT REGULATION

Filed: February 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 047/2022)

on February 23, 2022 pursuant to

section 498 of the Insurance Act.

1 The Insurance Agents and Adjusters Regulation

(AR 122/2001) is amended by this Regulation.

Section 2(4) is repealed.

3 The following is added after

section 25.2:

Expiry dates

25.3 A certificate of authority issued, renewed, amended or

reinstated

(

a) during the period beginning on July 1 and ending on the

following April 30 expires on the June 30 following the date

of its issue, renewal, amendment or reinstatement, and

(

b) during the period beginning on May 1 and ending on the

following June 30 expires on the June 30 of the year

following the expiry of that period.

4 The following is added after

section 36:

Penalties, Delegation and Publication

Section 480 penalties

36.1(1) For the purposes of

section 480(2) of the Act, the amount

of the penalty that may be imposed may not exceed the following:

(a) $5000 for a matter referred to in

section 480(1)(

a) of the Act;

(b) $1000 for a matter referred to in

section 480(1)(b), (c), (

d) or

(

e) of the Act.

(2) The rate of interest prescribed for the purposes of

section 480(7)

of the Act is 12% per annum, prorated in respect of any part of a

month, on the unpaid balance.

Delegation and approval

36.2(1) The Minister may

(

a) delegate in writing some or all of the Minister's powers

under

section 498.1 of the Act to the Alberta Insurance

Council or to the Accreditation Committee, and

(

b) impose restrictions and limitations on any such delegation.

(2) Notwithstanding a delegation made under subsection (1), the

Alberta Insurance Council or the Accreditation Committee, as the

case may be, must provide notice to the Minister of any proposed

fees, levies, penalties or other charges, and obtain approval of the

Minister before any such fees, levies, penalties or charges are

effective.

(3) On receiving notice under subsection (2), the Minister may

approve the proposed fees, levies, penalties or other charges or may

require the Alberta Insurance Council or the Accreditation

Committee, as the case may be, to change the proposed fees, levies,

penalties or other charges.

Publication

36.3(1) Information about any fees, levies, penalties and other

charges that are proposed by the Alberta Insurance Council or the

Accreditation Committee, as the case may be, under

section 498.1 of

the Act and pursuant to a delegation under

section 36.2(1) must be

published online by the Alberta Insurance Council or the

Accreditation Committee, as the case may be, and made available for

public comment for at least 30 days prior to notice being provided to

the Minister for approval under

section 36.2(2).

(2) Information about any fees, levies, penalties and other charges

that have been established by the Minister under

section 498.1 of the

Act or, where applicable, approved by the Minister under

section

36.2(3), must be published online by the Minister's department, the

Alberta Insurance Council, or the Accreditation Committee, as

directed by the Minister.

Section 3 and

section 4, to the extent that it enacts

section

36.1, come into force on the coming into force of

section

11(3)(

b) of the Red Tape Reduction Implementation Act, 2021

(No. 2).

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

Alberta Regulation 21/2022

Insurance Act

INSURANCE COUNCILS AMENDMENT REGULATION

Filed: February 23, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 048/2022)

on February 23, 2022 pursuant to

section 498 of the Insurance Act.

1 The Insurance Councils Regulation (AR 126/2001) is

amended by this Regulation.

Section 23(2) is amended by striking out "section 13 of the

Certificate Expiry, Penalties and Fees Regulation (AR 125/2001)"

and substituting "section 36.1 of the Insurance Agents and

Adjusters Regulation (AR 122/2001)".

3 This Regulation comes into force on the coming into

force of

section 11(3)(

b) of the Red Tape Reduction

Implementation Act, 2021 (No. 2).

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

Alberta Regulation 22/2022

Prompt Payment and Construction Lien Act

BUILDERS' LIEN FORMS AMENDMENT REGULATION

Filed: February 25, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 051/2022)

on February 25, 2022 pursuant to

section 70 of the Builders' Lien Act.

1 The Builders' Lien Forms Regulation (AR 51/2002) is

amended by this Regulation.

2 The title of the Regulation is repealed and the following

is substituted:

Prompt Payment and Construction

Lien Forms Regulation

Section 1 is amended by repealing clause (

a) and

substituting the following:

(a) "Act" means the Prompt Payment and Construction Lien Act;

4 The following is added after

section 1:

Notice of dispute

1.1 A notice of dispute under

section 32.2(2) of the Act is to be in

Form 1.

Notice of non-payment

1.2(1) A notice of non-payment under

section 32.3(5)(

a) of the Act

is to be in Form 2.

(2) A notice of non-payment under

section 32.3(6) of the Act is to

be in Form 3.

(3) A notice of non-payment under

section 32.5(6)(

a) of the Act is

to be in Form 4.

(4) A notice of non-payment under

section 32.5(7) of the Act is to

be in Form

Section 2 is amended

(

a) in subsection (1) by striking out "Form 1" and

substituting "Form 6";

(

b) in subsection (2) by striking out "Form 2" and

substituting "Form 7".

Section 3 is amended

(

a) in clause (

a) by striking out "Form 3 or Form 3.1" and

substituting "Form 8 or Form 9";

(

b) in clause (

b) by striking out "Form 4 or Form 4.1" and

substituting "Form 10 or Form 11".

Section 4 is amended by striking out "Form 5" and

substituting "Form 12".

Section 5 is amended by striking out "Form 6" and

substituting "Form 13".

Section 6 is amended by striking out "Form 7" and

substituting "Form 14".

Section 7 is amended by striking out "Form 8" and

substituting "Form 15".

Section 8 is repealed.

12 The

Schedule is repealed and the following is

substituted:

Schedule

Form 1

Owner's Notice of Dispute

(Section 32.2(2) of the Act)

Name of Owner:

______________________________________________________

Owner address:

______________________________________________________

Work site legal land description: ____________________________

______________________________________________________

Name of Contractor:

______________________________________________________

Contractor address:

______________________________________________________

Contractor address for service, if known:

______________________________________________________

The Owner disputes the proper invoice dated _________________,

submitted to the Owner by the Contractor in respect to the work done

or material furnished. The Owner will not pay the indicated amount

payable under the invoice:

(Please check the appropriate box)

? The full amount of the proper invoice, being

$___________________

? A portion of the amount of the proper invoice, being

$___________________

Reason(

s) for non-payment:

___________________________________________________

___________________________________________________

_____________________ __________________________

Date Signature (Owner)

Form 2

Contractor's Notice of Non-payment

(Section 32.3(5)(

a) of the Act)

Name of Contractor:

______________________________________________________

Contractor address:

______________________________________________________

Work site legal land description: ___________________________

______________________________________________________

Name of Subcontractor:

______________________________________________________

Subcontractor address:

______________________________________________________

Subcontractor address for service, if known:

______________________________________________________

The Contractor submitted a proper invoice to the Owner in respect to

work done or materials furnished on:

______________________________________________________

The Contractor has not received payment from the Owner and will not

pay the Subcontractor the amount under the subcontract that was

included in the proper invoice within the time specified in

section

32.3(1) of the Prompt Payment and Construction Lien Act.

Amount that will not be paid:

(Please check the appropriate box)

? The full amount of the work provided or material supplied by

the Subcontractor, being

$___________________

? A portion of the amount of the work provided or material

supplied by the subcontractor, being

$___________________

The Contractor hereby undertakes to refer the matter to adjudication

under

Part 5 of the Prompt Payment and Construction Lien Act, no later

than 21 days after giving notice of the non-payment to the Subcontractor.

A copy of the Notice of Dispute under

section 32.2(2) of the Act is

enclosed.

______________________ ____________________________

Date Signature (Contractor)

Form 3

Contractor's Notice of Non-payment Dispute

(Section 32.3(6) of the Act)

Name of Contractor:

______________________________________________________

Contractor address:

______________________________________________________

Work site legal land description: ____________________________

______________________________________________________

Name of Subcontractor:

______________________________________________________

Subcontractor address:

______________________________________________________

Subcontractor address for service, if known:

______________________________________________________

The Contractor submitted a proper invoice to the Owner in respect to

work done or materials furnished on:

______________________________________________________

The Contractor disputes the entitlement of the Subcontractor to

payment of an amount under the subcontract that was included in the

proper invoice. The Contractor will not pay the indicated amount:

(Please check the appropriate box)

? The full amount of the work provided or material supplied by

the Subcontractor, being

$___________________

? A portion of the amount of the work provided or material

supplied by the subcontractor, being

$___________________

Reason(

s) for non-payment:

___________________________________________________

___________________________________________________

_____________________ __________________________

Date Signature (Contractor)

Form 4

Subcontractor's Notice of Non-payment

Where Contractor Does Not Pay

(Section 32.5(6)(

a) of the Act)

Name of Subcontractor:

______________________________________________________

Subcontractor address:

______________________________________________________

Work site legal land description: ____________________________

______________________________________________________

Name of Contractor:

______________________________________________________

Contractor address:

______________________________________________________

Contractor address for service, if known:

______________________________________________________

(Complete for the Subcontractor who provided work or supplied

materials in relation to the proper invoice.)

Name of Subcontractor:

______________________________________________________

Subcontractor address:

______________________________________________________

Subcontractor address for service, if known:

______________________________________________________

The Contractor submitted a proper invoice to the Owner in respect to

work done or materials furnished on:

______________________________________________________

(Please check the appropriate box)

? The Subcontractor has not received payment from the

Contractor and will not pay the Subcontractor the amount

under the subcontract that was included in the proper invoice

within the time specified in subsection 32.5(1) of the Prompt

Payment and Construction Lien Act.

? [Non-payment to a Subcontractor who is entitled to payment

from a Subcontractor in accordance with

section 32.5(11)

of the Prompt Payment and Construction Lien Act] The

Subcontractor has not received payment from the Owner and

will not pay the Subcontractor the amount under the subcontract

that was included in the proper invoice within the time

specified in subsection 32.5(1) of the Prompt Payment and

Construction Lien Act.

Amount that will not be paid:

(Please check the appropriate box)

? The full amount of the work provided or material supplied by

the Subcontractor, being

$___________________

? A portion of the amount of the work provided or material

supplied by the Subcontractor, being

$___________________

The Subcontractor hereby undertakes to refer the matter to

adjudication under

Part 5 of the Prompt Payment and Construction

Lien Act, no later than 21 days after giving notice of the non-payment

to the Subcontractor.

A copy of any Notice of Non-payment received by the Subcontractor is

enclosed.

_____________________ __________________________

Date Signature (Subcontractor)

Form 5

Subcontractor's Notice of Non-payment Dispute

(Section 32.5(7) of the Act)

Name of Subcontractor:

______________________________________________________

Subcontractor address:

______________________________________________________

Work site legal land description: ____________________________

______________________________________________________

Name of Contractor:

______________________________________________________

Contractor address:

______________________________________________________

(Complete for the Subcontractor who provided work or supplied

materials in relation to the proper invoice.)

Name of Subcontractor:

______________________________________________________

Subcontractor address:

______________________________________________________

Subcontractor address for service, if known:

______________________________________________________

The Contractor submitted a proper invoice to the Owner in respect to

work done or materials furnished on:

______________________________________________________

The Subcontractor disputes the entitlement of another Subcontractor to

payment of an amount under the subcontract that was included in the

proper invoice in accordance with

section 32.5(7) of the Prompt

Payment and Construction Lien Act, or

section 32.5(11) of the Prompt

Payment and Construction Lien Act. The subcontractor will not pay the

indicated amount:

(Please check the appropriate box)

? The full amount of the work provided or material supplied by

the Subcontractor, being

$___________________

? A portion of the amount of the work provided or material

supplied by the subcontractor, being

$___________________

Reason(

s) for non-payment:

___________________________________________________

___________________________________________________

_____________________ __________________________

Date Signature (Subcontractor)

Form 6

Statement of Lien

(Section 34 of the Act)

( Name of lienholder ) of ( residence of lienholder ) ( if claimant is

the assignee of the original lienholder, state the facts ) claims a lien

under the Prompt Payment and Construction Lien Act on the estate of

( name and residence of the owner of the land on which the lien is

claimed ) in the following land: (

set out concise legal description )

? (NOTE: If this lien is with respect to an improvement to an

oil or gas well or to an oil or gas well site for which the lien

may be registered in the Land Titles Office not later than 90

days from the last day that the work was done or the

materials were last furnished, please check.

? If this lien is with respect to the manufacture and supply of

ready-mix concrete referred to in the North American

Industry Classification System (NAICS), as amended from

time to time, for which the lien may be registered in the Land

Titles Office not later than 90 days from the last day that the

work was done or the materials were last furnished, please

check.)

The lien is claimed with respect to the following work or materials,

that is to say:

( give a short description of the nature of the work

done or the materials furnished or to be furnished )

which work was or is to be done for or which materials were or are to

be furnished for ( name and residence of person for whom the work

was or is being done or the materials were or are being furnished ):

(please check the appropriate box):

? The work was completed or the materials were last furnished

on the day of , .

? The work is not yet completed or the materials have not yet

all been furnished.

The sum claimed as due or to become due is $ .

The address for service of the lienholder hereunder is

, in the Province of Alberta.

Dated at this day of, , .

____________________________________________

Signature

____________________________________________

(Status of signatory, e.g., lienholder; agent of lienholder;

or where the lienholder or agent is a corporation, the

signatory's position with the corporation)

NOTE: This form is for use only where the statement of lien is to be

registered with the Minister of Energy.

Form 7

Statement of Lien on

Interest in Crown Minerals

(Section 36 of the Act)

This statement of lien applies with respect to the following (check the

appropriate box):

? To work done or materials furnished with respect to

improvements, other than improvements to an oil or gas well

or to an oil or gas well site, in which case this lien is to be

registered with the Minister of Energy not later than 60 days

from the last day that the work was last done or the materials

were last furnished.

? To work done or materials furnished with respect to

improvements to an oil and gas well or to an oil or gas well

site, in which case this lien is to be registered with the

Minister of Energy not later than 90 days from the last day

that the work was done or the materials were last furnished.

? To work done or materials furnished with respect to the

manufacture and supply of ready-mix concrete referred to in

the North American Industry Classification System (NAICS),

as amended from time to time, in which case this lien is to be

registered with the Minister of Energy not later than 90 days

from the last day that the work was done or the materials

were last furnished.

( Name of lienholder ) of ( residence of lienholder ) ( if claimant is

the assignee of the original lienholder, state the facts ) claims a lien

under the Prompt Payment and Construction Lien Act on the interest in

minerals of ( name and residence of the owner of the interest in

minerals on which the lien is claimed ) in the following land:

( set out concise legal description ).

The mineral is ( set out mineral concerned ).

The lien is claimed with respect to the following work or materials,

that is to say:

( give a short description of the nature of the work

done or the materials furnished or to be furnished )

which work was or is to be done for or which materials were or are to

be furnished for ( name and residence of person for whom the work

was or is being done or the materials were or are being furnished ):

(check the appropriate box)

? The work was completed or the materials were last furnished

on the day of , .

? The work is not yet completed or the materials have not yet

all been furnished.

The sum claimed as due or to become due is $ .

The address for service of the lienholder hereunder is

, in the Province of Alberta.

Dated at this day of, , .

___________________________

Signature

Form 8

Affidavit Verifying Claim

(Section 34(6) of the Act)

( Name of lienholder ) of in the Province

of , (occupation), named in the above (or annexed)

statement make oath and say that the said claim is true.

SWORN BEFORE ME at the of )

, in the Province of , )

this day of , )

. )

) (Lienholder)

A Commissioner for Oaths )

Form 9

Affidavit Verifying Claim

(Section 34(6) of the Act)

(by two-way videoconferencing)

( Name of lienholder ) of in the Province

of , named in the above (or annexed) statement

make oath and say that the said claim is true, and that I am

executing this document by two-way videoconferencing separate

and apart from any other person.

SWORN BEFORE ME, , )

a lawyer in and for the Province of Alberta )

at the in the )

of by two-way videoconferencing )

with the deponent who was at the )

in the Province of Alberta this day of )

, on the basis of evidence )

provided to me that enabled me to verify the ) (Lienholder)

deponent's identity and confirm the contents )

of the document being executed. )

(Lawyer)

Form 10

Affidavit Verifying Claim

by Other Than Lienholder

(Section 34(6) and (7) of the Act)

( Name of deponent ) of in the Province of ,

(occupation), make oath and say:

(1) That I am the agent (or assignee) of named in

the above (or annexed) statement and have full knowledge of

the facts set forth in the above (or annexed) statement [or I

am informed by (state source of information) and believe that

the facts are as set forth in the above (or annexed) statement].

(2) That the said claim is true [or when deponent has been

informed, that I believe that the said claim is true].

SWORN BEFORE ME at the of )

, in the Province of , )

this day of , )

. )

) (Deponent)

A Commissioner for Oaths )

Form 11

Affidavit Verifying Claim

by Other Than Lienholder

(Section 34(6) and (7) of the Act)

(by two-way videoconferencing)

( Name of deponent ) of in the Province of

, (occupation), make oath and say:

(1) I am the agent (or assignee) of named in the

above (or annexed) statement and have full knowledge of the

facts set forth in the above (or annexed) statement [or I am

informed by (state source of information) and believe that the

facts are as set forth in the above (or annexed) statement].

(2) The said claim is true [or when deponent has been informed,

I believe that the said claim is true].

(3) I am executing this document by two-way videoconferencing

separate and apart from any other person.

SWORN BEFORE ME, , )

a lawyer in and for the Province of Alberta )

at the in the )

of by two-way videoconferencing )

with the deponent who was at the )

in the Province of Alberta this day of )

, on the basis of evidence )

provided to me that enabled me to verify the ) (Deponent)

deponent's identity and confirm the contents )

of the document being executed. )

(Lawyer)

Form 12

Notice of Change of Address for Service

(Section 39 of the Act)

To: Registrar of Land Titles (or the Minister of Energy)

Take notice that I hereby change my address for service as

stated in my Statement of Lien (or in my last registered notice

of change of address for service) registered in the Land Titles

Office (or with the Minister of Energy) on day

of , as No. affecting the land described as

follows:

(set out concise legal description)

and appoint in the Province of

Alberta as my address for service.

Dated at , this day of , .

(Signature)

Form 13

(Section 43 of the Act)

Clerk's stamp:

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

PLAINTIFF(

S) DEFENDANT(

S) DOCUMENT CERTIFICATE OF

LIS PENDENS

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

To: Registrar of Land Titles (or the Minister of Energy)

This is to certify that proceedings have been taken in court to enforce

a certain lien registered by against ( here describe lands ),

which lien was registered pursuant to the Prompt Payment and

Construction Lien Act in the Land Titles Office (or with the Minister of

Energy) on day of , as No. .

Dated at this day of , .

(Court Clerk)

Form 14

Discharge of Lien

(Section 47 of the Act)

To: Registrar of Land Titles (or the Minister of Energy)

I, acknowledge payment of all (or $

on account of) moneys due or to become due under the

statement of lien made by or on behalf of (name of

lienholder) as lienholder, on the following land:

(set out concise legal description)

the statement of lien being registered in the Land Titles

Office (or with the Minister of Energy) on day

of , as No. .

I declare that the said claim of lien has (not) been assigned or

transferred and that I am entitled by law to receive the money.

Wherefore the said claim of lien is hereby wholly discharged (or

wholly discharged as to the following land).

Dated at this day of , .

Witness: (Signature)

Form 15

(Section 52 of the Act)

Clerk's stamp:

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

PLAINTIFF(

S) DEFENDANT(

S) DOCUMENT NOTICE TO

PROVE LIEN

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

To: (Name of lienholder)

Take notice that the undersigned hereby requires that you prove

your lien registered pursuant to the Prompt Payment and

Construction Lien Act on the day of , in

the Land Titles Office (or with the Minister of Energy) as No.

with respect to the following land:

(set out concise legal description)

And further take notice that unless within 15 days from the date of

service of this Notice on you, you file in the office of the Court

Clerk at , Alberta, an affidavit giving detailed

particulars of your lien pursuant to

section 52 of the Prompt

Payment and Construction Lien Act, you will lose your lien.

Dated at this day of , .

(Name of party giving notice)

13 This Regulation comes into force on the coming into

force of the Builders' Lien (Prompt Payment) Amendment

Act, 2020.

Alberta Regulation 23/2022

Prompt Payment and Construction Lien Act

PROMPT PAYMENT AND ADJUDICATION REGULATION

Filed: February 25, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 052/2022)

on February 25, 2022 pursuant to

section 25 of the Builders' Lien (Prompt Payment)

Amendment Act, 2020.

Table of Contents

Interpretation

Part 1

Lien, Prompt Payment and

Right to Information

2 Conditions for payment of amount retained

3 Time for proper invoice

4 Rate of interest on late payments

5 Statement of accounts

Part 2

Nominating Authority and

Administration

6 Designation of Nominating Authority

7 Certificate of qualification

8 Responsibilities of adjudicators

9 Suspension and cancellation of certificate

10 Code of conduct

11 Training programs

12 Adjudicator registry

13 Fee

schedule for adjudication

14 Complaints against adjudicators

15 Adjudicator expertise

16 Educational materials

17 Record keeping

18 Annual report

Part 3

Dispute Adjudication

19 Adjudication matters

20 Notice of adjudication

21 Parties may designate Nominating Authority

22 Nominating Authority to appoint adjudicator

23 Copy of notice

24 Response

25 Adjudication process

26 Determination of matters

27 Parties may terminate adjudication

28 Resignation of adjudicator

29 Failure of adjudicator to conclude adjudication

30 Consolidation of adjudications

Part 4

Miscellaneous

31 Service of notice of non-payment

32 Form of notification

33 Action under

section 33.6(6) of Act

34 Grounds for judicial review

35 Professionals acting in consultative capacity

36 Exception for concrete

37 Transitional

38 Coming into force

Interpretation

1(1) In this Regulation,

(a) "Act" means the Prompt Payment and Construction Lien Act;

(b) "calendar day" means a day other than a Saturday or a

holiday as defined in the

Interpretation Act;

(c) "certificate" means a certificate of qualification issued under

section 7;

(d) "code of conduct" means the code of conduct established by

a Nominating Authority under

section 10;

(e) "issuing Nominating Authority", with reference to an

individual adjudicator, means the Nominating Authority that

issued a certificate to that individual adjudicator.

(2) For the purposes of sections 33.6(5) and 33.61(1) of the Act,

"written agreement" means an agreement made by the parties after the

adjudicator makes a determination of the matter.

Part 1

Lien, Prompt Payment and

Right to Information

Conditions for payment of amount retained

2(1) For the purpose of

section 24.1(2)(

a) of the Act, an annual

payment must be made if the contract between the parties does not

specify a phased payment.

(2) For the purpose of

section 24.1(2)(

b) of the Act, the prescribed

amount of the contract price is $10 000 000.

Time for proper invoice

3 Subject to the 31-day limitation required under

section 32.1(6) of

the Act, the owner and the contractor may agree to specify terms as to

when proper invoices may be delivered.

Rate of interest on late payments

4 For the purpose of

section 32.6 of the Act, the rate of interest on

any amounts included in a proper invoice that are unpaid and due shall

(

a) the rate specified in the contract, or

(

b) if no rate is specified in the contract, the current rate provided

in the Judgment Interest Regulation (AR 215/2011).

Statement of accounts

5 For the purpose of

section 33(3)(

d) of the Act, a statement of the

state of accounts must contain the following information:

(

a) whether all or any portion of the amount has been paid with

respect to

(

i) a proper invoice or any other invoice, or

(ii) proper invoices or other invoices;

(

b) the percentage of amounts paid under one or more proper

invoices or other invoices;

(

c) the date on which the amount due under a proper invoice or

any other invoice was paid, if any amount was paid.

Part 2

Nominating Authority and

Administration

Designation of Nominating Authority

6 To be designated as a Nominating Authority under

section 33.2(1) of

the Act, an entity must submit an application to the Minister in the time

and manner specified by the Minister.

Certificate of qualification

7(1) A Nominating Authority may issue a certificate of qualification

to adjudicate to an individual who is eligible under subsection (2) and

who applies to the Nominating Authority in accordance with its

procedures.

(2) An individual is eligible to hold a certificate who meets the

following requirements and qualifications:

(

a) the individual has at least 10 years of relevant work

experience in the construction sector in the opinion of the

Nominating Authority;

(

b) the individual has been evaluated and considered by the

Nominating Authority to have sufficient knowledge and

experience in the following areas:

(

i) dispute resolution;

(ii) contract law;

(iii) legislative

interpretation;

(iv) determination writing;

(

v) ethics;

(vi) jurisdiction;

(vii) adjudication process;

(

c) the individual is not an undischarged bankrupt;

(

d) the individual has not been convicted of an indictable offence

in Canada or of a comparable offence outside Canada;

(

e) the individual pays to the Nominating Authority the required

fees, costs or charges for training and qualification as an

adjudicator;

(

f) the individual agrees in writing to abide by the code of

conduct.

(3) Subject to subsection (4), a certificate issued under this

section is

valid for the period specified in it to a maximum of 3 years and may be

renewed for one or more further periods not exceeding 3 years on each

renewal, if the adjudicator holding the certificate continues to be

eligible under subsection (2).

(4) Certificates issued by a Nominating Authority shall cease to be

valid if

(

a) the designation of the Nominating Authority is terminated, or

(

b) the Nominating Authority ceases to operate.

Responsibilities of adjudicators

8 Every adjudicator holding a certificate must

(

a) successfully complete all training programs required by the

issuing Nominating Authority under

section 33.2(2)(

d) of the

Act and

section 11,

(

b) comply with the code of conduct of the issuing Nominating

Authority, and

(

c) pay to the issuing Nominating Authority the required fees,

costs or charges for the training and qualifications necessary

to act as an adjudicator.

Suspension and cancellation of certificate

9(1) An issuing Nominating Authority may suspend or cancel a

certificate if the issuing Nominating Authority is satisfied, on

reasonable grounds, that

(

a) the adjudicator holding the certificate

(

i) is no longer eligible under

section 7(2) to hold the

certificate, or

(ii) does not meet one of the responsibilities under

section

(

b) the adjudicator holding the certificate is incompetent or

otherwise unqualified to conduct adjudications, or

(

c) the certificate was issued or renewed on the basis of a false or

misleading representation or declaration.

(2) An adjudicator whose certificate is suspended or cancelled must

not conduct or continue to conduct any adjudication for the duration of

the suspension or cancellation.

(3) The issuing Nominating Authority may terminate the suspension

of a certificate if the issuing Nominating Authority is satisfied on

reasonable grounds that the circumstances giving rise to the suspension

no longer exist and the adjudicator whose certificate was suspended is

eligible to hold the certificate.

(4) The issuing Nominating Authority may re-issue a cancelled

certificate if the issuing Nominating Authority is satisfied on

reasonable grounds that the circumstances giving rise to the

cancellation no longer exist and the adjudicator whose certificate was

cancelled is eligible to hold the certificate.

Code of conduct

10(1) A Nominating Authority shall establish and maintain a code of

conduct for adjudicators and shall make the code of conduct publicly

available on its website.

(2) A code of conduct shall address, at a minimum, the following

matters:

(

a) conflicts of interest and related procedural matters;

(

b) principles of procedural fairness and proportionality in the

conduct of an adjudication and the need to avoid excess

expense;

(

c) principles of civility, competence, integrity and impartiality

of an adjudicator in the conduct of an adjudication;

(

d) the confidentiality of information disclosed in relation to an

adjudication.

(3) A Nominating Authority shall maintain an archive of all previous

versions of its code of conduct, except typographical changes,

indicating the period during which each version applied, and shall

ensure that all versions are publicly accessible.

(4) The code of conduct of a Nominating Authority shall not restrict

an adjudicator from holding a certificate from another Nominating

Authority.

Training programs

11 For the purposes of

section 33.2(2)(

d) of the Act, a Nominating

Authority shall ensure that

(

a) foundational training in the areas referred to in

section

7(2)(

b) is available to individuals who apply or intend to

apply for a certificate, and

(

b) continuous training is available to adjudicators holding a

certificate for maintaining their certification.

Adjudicator registry

12(1) For the purpose of

section 33.2(2)(

e) of the Act, a Nominating

Authority shall ensure that the registry of adjudicators includes the

name of every adjudicator certified by the Nominating Authority and

any other information as directed by the Minister.

(2) A Nominating Authority shall ensure that information is posted on

its website

(

a) with respect to an adjudicator whose certificate is cancelled,

for one year from the date of the cancellation of the

certificate,

(

b) with respect to an adjudicator whose certificate is suspended,

for one year from the date of the suspension of the certificate,

and

(

c) with respect to an adjudicator whose certificate has expired,

for one year from the date of the expiry.

Fee

schedule for adjudication

13(1) A Nominating Authority shall set out and maintain a

schedule

of fees publicly available on its website, listing the fees, costs or other

charges related to adjudication according to the policies and

procedures established by the Nominating Authority.

(2) The relevant parties shall pay the adjudicator who hears a dispute

regarding an adjudication matter under

section 19 a fee in accordance

with the

schedule of fees set out under subsection (1) unless the parties

and the adjudicator agree to pay a different fee.

(3) Any costs and other charges related to an adjudication shall be

equally divided among the parties to the adjudication unless the

adjudicator, subject to the policies and procedures of the Nominating

Authority, directs otherwise.

(4) All costs and other charges related to adjudication shall be paid to

and collected by the Nominating Authority according to the policies

and procedures of the Nominating Authority.

(5) The Nominating Authority must notify the Minister of any changes

to the

schedule of fees set out under subsection (1) no less than 3

months before the changes take effect.

Complaints against adjudicators

14 A Nominating Authority shall establish a complaints process for

accepting and addressing complaints against adjudicators from persons

involved in adjudications and shall make the complaints process

publicly available on its website.

Adjudicator expertise

15 A Nominating Authority shall develop procedures and take other

reasonable steps to ensure that the aggregate expertise and work

experience of adjudicators holding certificates is sufficient to account

for the industry sectors in which parties in dispute refer matters to

adjudication and the nature of the matters in dispute.

Educational materials

16 A Nominating Authority shall develop and make publicly

available on its website educational materials respecting the

adjudication process.

Record keeping

17(1) A Nominating Authority shall keep and maintain a record of

determination of all adjudications made within the last 3 years by the

adjudicators appointed by that Nominating Authority.

(2) A Nominating Authority must submit copies of any record kept

under subsection (1) to the Minister in a manner as directed by the

Minister if

(

a) the Minister requires the Nominating Authority to do so,

(

b) the designation of the Nominating Authority is terminated, or

(

c) the Nominating Authority ceases to operate.

Annual report

18(1) A Nominating Authority shall issue and make publicly

available on its website, no later than 90 days after the end of each

fiscal year, an annual report for the fiscal year containing

(

a) aggregated information respecting adjudication, and

(

b) any other information as the Minister may direct.

(2) The fiscal year of a Nominating Authority is April 1 to the

following March 31.

Part 3

Dispute Adjudication

Adjudication matters

19 A party to a contract or subcontract may refer to adjudication a

dispute with the other party to the contract or subcontract, as the case

may be, respecting any of the following matters:

(

a) the valuation of services or materials provided under the

contract or subcontract, including in respect of a written

change order, whether approved or not, or a proposed change

order, as the case may be;

(

b) payment under the contract or subcontract, including in

respect of a written change order, whether approved or not,

or a proposed change order;

(

c) disputes that are the subject of a notice of non-payment under

Part 3 of the Act;

(

d) payment or non-payment of an amount retained as a major

lien fund or minor lien fund and owed to a party during or at

the end of a contract or subcontract, as the case may be;

(

e) any other matter in relation to the contract or subcontract, as

the case may be, that the parties in dispute agree to,

regardless of whether or not a proper invoice was issued or

the claim is lienable.

Notice of adjudication

20(1) A party to a contract or subcontract who wishes to refer a

dispute to adjudication under

section 33.4(1) of the Act shall give to

the other party a written notice of adjudication that must include

(

a) the names and addresses of the parties in dispute,

(

b) the nature and a brief description of the dispute, including

details respecting how and when it arose,

(

c) the nature of the redress sought,

(

d) the name of the Nominating Authority to whom the party

serving notice intends to submit the notice, and

(

e) the name of the adjudicator requested to conduct the

adjudication, if any.

(2) The party giving the notice of adjudication under subsection

(1) shall, on the same day, provide a copy of the notice to the relevant

Nominating Authority.

(3) A provision in a contract that purports to name a person to act as

an adjudicator in the event of an adjudication is of no force or effect.

Parties may designate Nominating Authority

21(1) Subject to subsection (2), the parties to a contract may

designate in the contract a Nominating Authority to which a notice of

adjudication must be submitted in the event any party to the contract

wishes to refer a dispute to adjudication under

section 33.4(1) of the

Act.

(2) The parties to a contract may agree on a Nominating Authority

other than the one designated in the contract and shall provide a copy

of the notice under

section 20(2) to the Nominating Authority the

parties agree on.

Nominating Authority to appoint adjudicator

22(1) After the notice is given to the other party and the relevant

Nominating Authority under

section 20, the parties may, within

4 calendar days, inform the Nominating Authority if the parties agree

on a specific adjudicator to adjudicate the matter in dispute and the

Nominating Authority must, within 7 calendar days, appoint the

adjudicator the parties agree on.

(2) If the parties do not provide any name of a preferred adjudicator to

the relevant Nominating Authority under subsection (1), the

Nominating Authority must, within 7 calendar days after the expiry of

the 4 calendar days referred to in subsection (1), assess the nature of

the matter in dispute for adjudication and appoint a qualified

adjudicator to adjudicate the matter in dispute.

(3) After appointing an adjudicator under subsection (1) or (2), as the

case may be, the relevant Nominating Authority must, on the same

day, notify all parties in dispute of the contact information of the

adjudicator.

Copy of notice

23 Once an adjudicator is appointed under

section 22(1) or (2), the

party who gave notice of adjudication shall, within 5 days of the

appointment of the adjudicator,

(

a) provide the adjudicator with

(

i) a copy of the notice,

(ii) a copy of the contract or subcontract, as the case may

be, and

(iii) copies of any documents the party intends to rely on

during the adjudication,

and

(

b) provide all parties in dispute with copies of any documents

the party intends to rely on during the adjudication.

Response

24(1) A party responding to a notice of adjudication given under

section 20(1) shall provide copies of the response

(

a) to the adjudicator appointed under

section 22(1) or (2), as the

case may be,

(

b) to the party who gave the notice of adjudication, and

(

c) to all other parties, if applicable.

(2) The response in subsection (1) shall be provided to the adjudicator

and every other party to the dispute within 12 calendar days of

receiving the documents under

section 23(b), unless the adjudicator

directs to provide the response earlier.

Adjudication process

25(1) An adjudicator may exercise the following powers in

conducting an adjudication:

(

a) issue directions to the parties involved in the adjudication;

(

b) obtain information through independent research;

(

c) conduct on-site inspections of the subjects that the

adjudicator considers necessary;

(

d) obtain assistance from construction industry professionals.

(2) The adjudicator shall notify the parties to the adjudication when

the adjudicator has in their possession all documents and information

required to make a determination of the matter.

(3) The adjudicator may extend, one or more times, any deadline in

the adjudication process to a maximum of 10 calendar days if

(

a) the adjudicator considers it necessary, or

(

b) the parties to the adjudication agree and the adjudicator

consents.

Determination of matters

26(1) For the purpose of

section 33.6 of the Act, an adjudicator

hearing a dispute regarding any matter under

section 19 shall make a

determination of the matter by issuing an order within 30 days of

receiving the documents under

section 23(

a) or within the time

extended under

section 25(3).

(2) The adjudicator may make an order directing a party to make a

payment due to the other party or parties in the dispute within a time

specified in the order and allowing the other party or parties to stop

providing services or materials under the contract or subcontract, as the

case may be, if the time for payment specified in the order expires.

(3) A copy of the adjudicator's order must be certified by the relevant

Nominating Authority and provided to the parties to the adjudication

within 7 days after the determination is made under subsection (1) or

(2).

(4) Any typographical error in an adjudicator's order made under this

section may be corrected within 4 days after the determination is made,

and an electronic copy of the updated order must be sent to the parties to

the adjudication on the same day the correction is made followed by a

certified copy sent within 3 days after the correction is made.

Parties may terminate adjudication

27 At any time after the notice of adjudication is given under

section

20 and before the adjudicator makes a determination under

section

26(1) or (2), as the case may be, the parties to an adjudication may

agree to terminate the adjudication on notice to the adjudicator and

subject to the payment of all applicable fees, costs and other charges

payable under

section 13.

Resignation of adjudicator

28(1) An adjudicator may at any time resign from an adjudication if

the adjudicator determines that

(

a) the matter is not eligible for adjudication under

section 19,

(

b) the adjudicator is not competent or qualified to conduct the

adjudication, or

(

c) the adjudicator is otherwise unable to continue the

adjudication in compliance with the Act and this Regulation.

(2) The adjudicator shall promptly give written notice of the

resignation to all parties to the adjudication and the Nominating

Authority that appointed the adjudicator.

(3) An adjudicator must resign

(

a) if the designation of the issuing Nominating Authority is

terminated by the Minister,

(

b) if the issuing Nominating Authority ceases to operate under

the Act or this Regulation, or

(

c) when the adjudication being conducted by the adjudicator is

consolidated and another adjudicator is appointed under

section 30(3).

Failure of adjudicator to conclude adjudication

29(1) If an adjudicator fails to conclude an adjudication according to

the Act and this Regulation, or if an adjudicator's certificate is

suspended or cancelled under

section 9(2) while an adjudication is in

progress, any party to the adjudication may give to the other party a

new notice of adjudication under

section 20(1).

(2) If a new notice is given under subsection (1), the requesting party

must provide a copy of the new notice and copies of any documents

that were given to the adjudicator who failed to conclude the

adjudication to

(

a) the same Nominating Authority to which the first notice of

adjudication was provided under

section 20(2), or

(

b) the Nominating Authority designated or agreed on by the

parties under

section 21,

and sections 22 and 24 shall apply with necessary modifications.

(3) Parties to the adjudication and the adjudicator who failed to

conclude the adjudication under this

section shall provide to the

relevant Nominating Authority, on its request, any information in their

possession relating to the adjudication to assist the Nominating

Authority in appointing a new adjudicator.

Consolidation of adjudications

30(1) Subject to subsection (4), a party involved in more than one

adjudication may request the adjudicator conducting the first

adjudication for consolidation of all adjudications in progress into one

adjudication.

(2) After receiving a request under subsection (1), the adjudicator

shall, if satisfied that all adjudications in progress are sufficiently

related and appropriate for consolidation, notify the relevant

Nominating Authority that the adjudications should be consolidated.

(3) After receiving a notification under subsection (2), the Nominating

Authority shall

(

a) consolidate all adjudications in progress into one

adjudication,

(

b) appoint either the notifying adjudicator under subsection

(2) or a new adjudicator to adjudicate the consolidated

adjudication, and

(

c) notify the affected parties and adjudicators.

(4) No consolidation of adjudications is allowed under this

section if

more than 5 calendar days have passed since any of the adjudicators

has provided notice under

section 25(2) that they have received all

documents and information required to make a determination.

(5) Sections 22 and 24 to 26 shall apply with necessary modifications

with respect to a consolidated adjudication under this section.

Part 4

Miscellaneous

Service of notice of non-payment

31 Unless the contract between the parties specifies the manner of

service, all notices of dispute or non-payment referred to in

Part 3 of

the Act shall be delivered to the relevant party by service at the

relevant party's regular place of business.

Form of notification

32 Unless the relevant adjudicator directs otherwise, all notices and

other documents referred to in or used for the purposes of

Part 5 of the

Act and this Regulation shall be sent electronically.

Action under

section 33.6(6) of Act

33 Any party to an adjudication may commence an action in court

within 2 years after the notice of adjudication is sent under

section 20,

other than an application for judicial review under

section 33.7 of the

Act.

Grounds for judicial review

34 For the purpose of

section 33.7 of the Act, the determination of an

adjudicator may be set aside on an application for judicial review if the

applicant party establishes one or more of the following grounds:

(

a) the applicant party participated in the adjudication while

under a legal incapacity;

(

b) the contract or subcontract is invalid or has ceased to exist;

(

c) the determination was of a matter that may not be the subject

of adjudication under

section 19 or of a matter entirely

unrelated to the subject of the adjudication;

(

d) the adjudication was conducted by someone who did not, at

the time, meet the requirements and qualifications under

section 7(2);

(

e) the procedures followed in the adjudication did not accord

with the procedures to which the adjudication was subject

and the failure to accord prejudiced the applicant party's

right to a fair adjudication;

(

f) there is a reasonable apprehension of bias on the part of the

adjudicator;

(

g) the determination of the adjudication was made as a result of

fraud.

Professionals acting in consultative capacity

35 For the purpose of

section 70(a)(

i) of the Act, the Act applies to

the following persons contracted to act in a consultative capacity in

respect of an improvement:

(

a) a regulated professional engineer;

(

b) a regulated professional architect.

Exception for concrete

36(1) In this section, "ready-mix concrete" means ready-mix concrete

referred to in the North American Industry Classification System

(NAICS), as amended from time to time.

(2) For the purpose of

section 70(a)(iii) of the Act, the 90-day lien

period under the Act does not apply to entities that install or use

ready-mix concrete.

Transitional

37 For the purpose of

section 74(3) of the Act, any contracts entered

into prior to the coming into force of the Builders' Lien (Prompt

Payment) Amendment Act, 2020 and scheduled to remain in effect for

longer than 2 years after the coming into force of that Act shall be

given 2 years from that date to be amended so that their terms are in

compliance with the new provisions and this Regulation.

Coming into force

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

Builders' Lien (Prompt Payment) Amendment Act, 2020.

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

Alberta Regulation 24/2022

Traffic Safety Act

DRIVERS' HOURS OF SERVICE (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: February 25, 2022

For information only: Made by the Minister of Transportation (M.O. 11/22) on

February 15, 2022 pursuant to sections 156(b.3), (

e) and (

f) of the Traffic Safety Act.

1 The Drivers' Hours of Service Regulation (AR 317/2002)

is amended by this Regulation.

Section 22 is amended by striking out "March 15, 2022"

and substituting "March 15, 2025".

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

Alberta Regulation 25/2022

Traffic Safety Act

COMMERCIAL VEHICLE CERTIFICATE AND

INSURANCE AMENDMENT REGULATION

Filed: February 25, 2022

For information only: Made by the Minister of Transportation (M.O. 17/22) on

February 25, 2022 pursuant to sections 64(a)(i), 156 and 187(7) of the Traffic Safety

Act.

1 The Commercial Vehicle Certificate and Insurance

Regulation (AR 314/2002) is amended by this Regulation.

2 Sections 4.2(3) and 20.2(3) are amended by striking out

"February 28, 2022" and substituting "June 28, 2022".

Section 66 is amended by striking out "May 31, 2022" and

substituting "May 31, 2025".

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Alberta Regulation 26/2022

Marketing of Agricultural Products Act

EGG FARMERS OF ALBERTA PLAN REGULATION

Filed: February 28, 2022

For information only: Made by the Minister of Agriculture, Forestry and Rural

Economic Development (M.O. 001/2022) on February 17, 2022 pursuant to

section

23 of the Marketing of Agricultural Products Act.

Table of Contents

Definitions

2 Designation of agricultural products

Part 1

General Operation of Plan

Division 1

Plan

3 Plan continued

4 Termination of Plan

5 Application of Plan

6 Purpose of Plan

Division 2

Administration of Plan by Board

7 Board continued

8 Functions of the Board

9 Regulations to operate Plan

10 Financing of Plan

11 Indemnification fund, etc.

12 Funding of indemnification fund, etc.

Part 2

Governance of Plan

Division 1

Composition of and Election to Board

13 Members of Board

14 Elections

Division 2

Invalid or Controverted Election, Vacancy

15 Invalid election

16 Controverted election

17 Vacancy

Part 3

Review, Transitional Provision and Repeal

18 Review

19 Transitional

20 Repeal

Definitions

1 In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Board" means the Egg Farmers of Alberta;

(c) "bylaws" means the bylaws made by the Board pursuant to

section 26(2.1) of the Act;

(d) "Canada Act" means

(

i) the Farm Products Agencies Act (Canada), or

(ii) the Agricultural Products Marketing Act (Canada);

(e) "Council" means the Alberta Agricultural Products

Marketing Council;

(f) "eggs" includes any class of eggs or egg products produced

from eggs laid by a hen;

(g) "exempt producer" means a person

(

i) who does not possess, whether by ownership or

otherwise, more than 300 hens, or

(ii) whose productive capacity from that person's

production facilities does not exceed 300 hens;

(h) "Federal-Provincial Agreement" means the agreement

respecting the revision and consolidation of the

comprehensive marketing program as agreed to by the parties

for the purpose of regulating the marketing of eggs in

Canada, as revised from time to time;

(i) "hen" or "layer" means a female common domestic fowl of

the species Gallus domesticus that is of an age specified in

regulations made by the Board;

(j) "marketing" means buying, owning, selling, offering for sale,

storing, grading, assembling, packing, transporting,

advertising or financing;

(k) "person" means person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act,

(ii) any unincorporated organization that is not a partnership

referred to in subclause (i), and

(iii) any group of individuals who are carrying on an activity

for a common purpose and are neither a partnership

referred to in subclause (

i) nor an unincorporated

organization referred to in subclause (ii);

(l) "Plan" means the Plan that is amended and continued under

section 3;

(m) "possession quota" means the quota issued by the Board to a

registered producer prescribing the maximum number of

hens that producer may possess at any one time;

(n) "processor" means a person who

(

i) grades, packs or changes the nature of the regulated

product by mechanical means or otherwise,

(ii) markets the graded, packed or processed regulated

product, or

(iii) carries out one or more of those functions;

(o) "producer" means a person who is engaged in the production

of the regulated product;

(p) "production" includes the possession of the regulated

product;

(q) "production facilities" includes the buildings and

improvements in which the regulated product is produced

and the parcel of land on which the buildings and

improvements are located;

(r) "production quota" means the quota issued by the Board to a

registered producer prescribing the minimum number of eggs

that shall be produced by that producer's hens;

(s) "pullet" means a female common domestic fowl of the

species Gallus domesticus that is of an age specified in

regulations made by the Board;

(t) "quota" means the possession quota and production quota

granted by the Board to a registered producer;

(u) "registered producer" means a producer who

(

i) holds a producer's licence, and

(ii) has been allotted quota;

(v) "regulated product" means eggs;

(w) "research facility" means an educational institution involved

in bona fide scientific research in respect of eggs as approved

by a resolution of the Board.

Designation of agricultural products

2 Eggs, pullets, layers and hens are designated as agricultural

products for the purposes of the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan continued

3 The Egg Farmers of Alberta Plan, continued under the

Egg Farmers of Alberta Plan Regulation (AR 258/97), is hereby

amended and continued under this Regulation.

Termination of Plan

4 This Plan does not terminate at the conclusion of a specific period

of time and shall remain in force unless otherwise terminated pursuant

to the Act.

Application of Plan

5(1) This Plan applies

(

a) to all persons who produce and market the regulated product

in Alberta, and

(

b) to processors for the purpose of

section 9(1)(b), (c), (d), (e),

(f), (

g) and (i), (2)(f), (i), (k), (l), (n), (o), (q), (r), (u), (

v) and

(

w) and (3),

but does not apply to an exempt producer.

(2) Notwithstanding subsection (1), where an exempt producer

markets the producer's regulated product through a processor, this Plan

and any regulations made in respect of this Plan respecting the

payment of levies and service charges apply to that producer and to

that regulated product.

(3) No person shall possess, whether by ownership or otherwise, more

than 300 hens except in accordance with this Plan and regulations

made in respect of this Plan.

(4) The Board may exempt the owner of an approved hatchery supply

flock within the meaning of the Hatchery Supply Flock Approval

Regulation (AR 183/97) or successors to that Regulation from

regulations made by the Board.

(5) If the Board exempts an owner under subsection (4), the owner

may sell the regulated product in accordance with an exemption

granted by the Board.

(6) Notwithstanding subsection (4), where an owner exempted under

subsection (4) sells the regulated product in accordance with an

exemption granted by the Board, any regulations made in respect of

this Plan respecting the payment of levies and service charges apply to

that owner and to that regulated product.

(7) The Board may refuse to exempt an owner under subsection (4) if,

in the Board's opinion,

(

a) the owner does not have a confirmed market for the owner's

hatching eggs,

(

b) the marketing of the regulated product by the owner will

adversely affect marketing of the regulated product in

Alberta, or

(

c) the exemption would place the Board in a position of

non-compliance with the Federal-Provincial Agreement.

(8) The Board may exempt a research facility from this Plan or part of

this Plan or any regulation or part of any regulation made by the Board

in respect of this Plan.

Purpose of Plan

6 The purpose of this Plan is to provide for the effective promotion,

control and regulation in all respects of the production and marketing

of the regulated product in Alberta, and without limitation, to

accomplish the following:

(

a) to establish quotas for the production and marketing of the

regulated product;

(

b) to establish quotas for the possession of hens;

(

c) to maintain a fair and stabilized price for the regulated

product;

(

d) to develop and maintain the orderly marketing of the

regulated product;

(

e) to provide a uniform, high quality of the regulated product

for the market;

(

f) to provide for the initiation, support and conduct of

promotional activities in respect of the production, marketing

and processing of the regulated product;

(

g) to ensure a continuous, year-round supply of the regulated

product;

(

h) to work with any organization that has similar objectives to

those of the Board;

(

i) to acquire as principal the regulated product produced in

Alberta and dispose of the regulated product through

whatever means the Board considers expedient;

(

j) to provide for the prohibition of production or marketing of

the regulated product in whole or in part where the regulated

product is not marketed under or pursuant to a quota;

(

k) to fund, initiate, conduct or carry on research and

development and studies with respect to the production,

handling, marketing and processing of the regulated product,

including research and studies concerning the development

and use of the regulated product;

(

l) to initiate and carry out projects and programs to assist,

educate and inform producers, processors and other persons

with a commercial interest in the egg industry with respect to

developing and improving the production and marketing of

the regulated product.

Division 2

Administration of Plan by Board

Board continued

7 The Board known as Egg Farmers of Alberta is hereby continued.

Functions of the Board

8 The Board

(

a) subject to the Act, is responsible for the operation, regulation,

supervision and enforcement of this Plan and any regulations

or bylaws made by the Board, and

(

b) may, in accordance with

section 50 of the Act, with respect

to the production or marketing, or both, of the regulated

product, be authorized to perform any function or duty and

exercise any power imposed or conferred on the Board by or

under any Canada Act.

Regulations to operate Plan

9(1) For the purposes of enabling the Board to operate this Plan, the

Board may be empowered by the Council, pursuant to

section 26 of the

Act, to make regulations

(

a) requiring producers engaged in the production or marketing,

or both, of the regulated product to register their names and

addresses with the Board;

(

b) requiring any person who produces, markets or processes the

regulated product to furnish to the Board any information or

record relating to the production, marketing or processing of

the regulated product that the Board considers necessary;

(

c) requiring persons to be licensed under this Plan before they

become engaged in the production, marketing and

processing, or any one or more of those functions, of the

regulated product;

(

d) prohibiting persons from engaging in the production,

marketing or processing, as the case may be, of the regulated

product except under the authority of a licence;

(

e) governing the issuance, suspension or cancellation of a

licence;

(

f) providing for

(

i) the assessment, charging and collection of service

charges and licence fees, as the case may be, from

producers from time to time for the purposes of this

Plan, and

(ii) the taking of legal action to enforce payment of the

service charges and licence fees, as the case may be;

(

g) requiring any person who receives the regulated product from

a producer

(

i) to deduct from the money payable to the producer any

service charges, licence fees or levies, as the case may

be, payable by the producer to the Board, and

(ii) to forward the amount deducted to the Board;

(

h) providing for the use of any class of service charges, licence

fees, levies or other money payable to or received by the

Board for the purpose of paying its expenses and

administering this Plan and the regulations made by the

Board;

(

i) requiring persons who produce, market or process the

regulated product to mark the containers of their products to

show the place of origin or place of production to the

satisfaction of the Board;

(

j) providing for the payment to a Canada Board of money that

is payable under a Canada Act;

(

k) permitting the Board to exercise any one or more powers that

are vested in a cooperative under the Cooperatives Act.

(2) For the purposes of enabling the Board to operate this Plan, the

Board may be empowered by the Council, pursuant to

section 27(1) of

the Act, to make regulations

(

a) requiring that the production or marketing, or both, of the

regulated product be conducted pursuant to a quota;

(

b) governing

(

i) the fixing and allotting of quotas,

(ii) the increase or reduction of quotas,

(iii) the cancelling of quotas, and

(iv) the refusal to fix and allot quotas

to producers for the production or marketing, or both, of the

regulated product on any basis the Board considers

appropriate;

(

c) governing the transferability or non-transferability of quotas;

(

d) establishing

(

i) a formula for determining the amount or number of

regulated product deemed to have been produced or

marketed by a producer, and

(ii) the period of time in respect of which the formula is to

be applied

for the purpose of determining the amount of regulated

product produced or marketed by a producer during a period

of time;

(

e) providing for

(

i) the assessment, charging and collection of a levy from

any producer whose production or marketing, or both,

of the regulated product is in excess of the quota that

has been fixed and allotted to that producer, and

(ii) the taking of legal action to enforce payment of the

levy;

(

f) requiring any person who provides an agricultural product to

a producer under this Plan to furnish to the Board any

information requested by the Board;

(

g) determining the quantity of each class, variety, size, grade

and kind of the regulated product that shall be produced or

marketed, or both, by each producer;

(

h) requiring a producer who produces the regulated product to

market the regulated product through the Board or through a

designated agency;

(

i) directing, controlling or prohibiting, as the case may be, the

production or marketing, or both, of the regulated product or

any class, variety, size, grade or kind of the regulated product

in a manner that the Board considers appropriate;

(

j) regulating and controlling the production or marketing, or

both, of the regulated product, including the times and places

at which the regulated product may be produced or marketed;

(

k) providing for the purchase or acquisition of any of the

regulated product that the Board considers advisable and the

sale or disposition of it;

(

l) providing for the establishment and operation of one or more

programs for the disposition of

(

i) any agricultural product, or

(ii) the regulated product

considered to be surplus to market requirements;

(

m) determining from time to time the minimum price or prices

that shall be paid to producers for the regulated product or

any class, variety, grade, size or kind of the regulated product

and determining different prices for different parts of

Alberta;

(

n) requiring that the money payable or owing to a producer for

the regulated product be paid to or through the Board;

(

o) providing for the payment to a producer of the money

payable or owing for the regulated product, less any service

charges and levies owing to the Board by the producer, and

fixing the time or times at which or within which the

payments shall be made;

(

p) providing

(

i) for the operation of one or more pools for the

distribution of all money payable to the producers from

the sale of the regulated product, and

(ii) for the deduction of reasonable and proper disbursement

and expenses with respect to the operation of the pool;

(

q) providing for the collection from any person by legal action

of money owing to a producer for the regulated product;

(

r) governing

(

i) the furnishing of security or proof of financial

responsibility by any person engaged in the production,

marketing or processing of the regulated product, and

(ii) the administration and disposition of any money or

securities so furnished;

(

s) prohibiting a person to whom a quota has not been fixed and

allotted for the production or marketing, or both, of the

regulated product from producing or marketing, as the case

may be, any regulated product;

(

t) prohibiting a producer to whom a quota has been fixed and

allotted for the production or marketing, or both, of the

regulated product from producing or marketing, as the case

may be, any regulated product in excess of that quota;

(

u) prohibiting any person from purchasing or otherwise

acquiring from a producer any regulated product in excess of

the quota that has been fixed and allotted to the producer for

the production or marketing, or both, of the regulated

product;

(

v) prohibiting any person from purchasing or otherwise

acquiring any regulated product from a person to whom a

quota has not been fixed and allotted for the production or

marketing, or both, of the regulated product;

(

w) prohibiting any person from marketing or processing any

regulated product that has not been sold by or through the

Board or a designated agency.

(3) For the purposes of enabling the Board to operate this Plan, the

Board may be empowered by the Council, pursuant to

section 27(2) of

the Act, to make regulations

(

a) governing any agricultural product that is not the regulated

product in the same manner as if that agricultural product

was the regulated product under this Plan;

(

b) governing, with respect to any agricultural product that is not

the regulated product, the producers of the regulated product

under this Plan in the same manner as if that agricultural

product was the regulated product under this Plan;

(

c) establishing and governing a formula for determining the

amount or number of the regulated product produced or

deemed to have been produced from any agricultural product

that is not the regulated product.

Financing of Plan

10 In accordance with the regulations, this Plan shall be financed

(

a) by the charging and collection of service charges, licence

fees and levies from registered producers, and

(

b) by any other money payable to or received or accrued by the

Board.

Indemnification fund, etc.

11 The Board may establish and operate funds under sections 34 and

35 of the Act.

Funding of indemnification fund, etc.

12(1) The Board may, subject to the Act and the regulations, assess,

charge and collect amounts required for the maintenance and operation

of the funds referred to in

section 11 from the producers under this

Plan.

(2) Payments made into a fund established under this

section shall not

form part of a licence fee, service charge or levy charged under this

Plan.

(3) If

(

a) a fund is established under this section, and

(

b) a producer under this Plan does not wish to receive any

indemnity or protection from the fund,

the producer shall, on the application to the Board for an exemption, be

exempted from making payment under subsection (1).

(4) A producer shall not, with respect to any period of time that the

producer did not participate in a fund established under this section, be

charged any amount for or in relation to that fund.

(5) The Insurance Act does not apply to a fund established or operated

under this section.

Part 2

Governance of Plan

Division 1

Composition of and Election to Board

Members of Board

13 The Board shall be made up of 6 members elected or appointed in

accordance with this Plan and the bylaws.

Elections

14(1) Subject to

section 16(5)(a), the election of members of the

Board shall be conducted at the annual meeting by means of a vote of

the registered producers in accordance with the procedures set out in

the bylaws.

(2) A registered producer who is eligible to vote under the bylaws may

vote for any number of candidates not exceeding the number of

members to be elected to the Board at that meeting notwithstanding

that the registered producer may manage, operate, own, lease or hold

equity in 2 or more operations that are registered separately with the

Board.

Division 2

Invalid or Controverted

Election, Vacancy

Invalid election

15(1) If an election is held under this Plan and there is in attendance at

the meeting at which the election is held an insufficient number of

persons who are eligible to vote at the election,

(

a) the election is void, and

(

b) the position for which the election was held is vacant.

(2) Notwithstanding that a position is vacant under subsection (1), the

bylaws may provide that the term of office of the position is deemed to

have commenced as if an individual had been elected to the position.

Controverted election

16(1) If a registered producer questions

(

a) the eligibility of a candidate,

(

b) the eligibility of a voter,

(

c) any matter relating to a ballot or the tabulation of ballots, or

(

d) any other irregularity with respect to the conduct of an

election,

that registered producer may, not later than 30 days after the day of the

election, apply in writing to the Council to have the election declared

invalid and the position declared vacant.

(2) If the Council has not received an application under subsection

(1) within the 30-day period referred to in subsection (1), an individual elected

at that election is deemed to be duly elected.

(3) The Council shall not consider an application under subsection

(1) that is not received by the Council within 30 days after the day of the

election.

(4) On receipt of an application under subsection (1), the Council shall

consider the matter and may

(

a) declare the election to be proper and the position filled if, in

the opinion of the Council, there is no basis for the

application,

(

b) declare the election to be proper and the position filled

notwithstanding that there is a basis for the application if, in

the opinion of the Council,

(

i) the basis for the application did not materially affect the

result of the election, and

(ii) the election was conducted substantially in accordance

with this Plan, the bylaws and the Act,

(

c) declare the election to be void and the position vacant if, in

the opinion of the Council, there is a basis for the application

and the basis is sufficient to or did affect the result of the

election.

(5) If the Council declares an election to be void and the position

vacant, the Council may

(

a) order that, within the time that the Council considers proper,

a special meeting be held and an election conducted to fill the

vacant position for the unexpired portion of the term, or

(

b) have the Board appoint, from among the individuals who are

eligible to be elected to the position, an individual to fill the

vacant position in accordance with

section 17.

(6) Notwithstanding that an election is declared void and a position is

declared vacant under subsection (4)(c), the bylaws may provide that

the term of office of the position is deemed to have commenced on the

day that the election that was declared void was held.

Vacancy

17(1) If a vacancy occurs on the Board, the Board may, with the

approval of the Council, appoint from among the registered producers

who are eligible to be elected to the Board an individual to serve as a

member of the Board until the next annual meeting.

(2) At the next annual meeting following the appointment of an

individual under subsection (1), the position must be filled by holding

an election in accordance with this Plan and the bylaws for the

unexpired portion of the term.

Part 3

Review, Transitional Provision

and Repeal

Review

18 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before September 30, 2024.

Transitional

19 Where an individual is a member of the Board immediately before

the coming into force of this Regulation, that individual continues to

be a member of the Board until the expiry of the individual's term in

accordance with this Plan and the bylaws unless

(

a) the individual is removed or resigns from office, or

(

b) the bylaws reduce the term of office for that position.

Repeal

20 The Egg Farmers of Alberta Plan Regulation (AR 258/97) is

repealed.

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Alberta Regulation 27/2022

Marketing of Agricultural Products Act

EGG FARMERS OF ALBERTA MARKETING

AMENDMENT REGULATION

Filed: February 28, 2022

For information only: Made by the Egg Farmers of Alberta on October 22, 2021 and

approved by the Alberta Agricultural Products Marketing Council on November 4,

2021 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Egg Farmers of Alberta Marketing Regulation

(AR 293/97) is amended by this Regulation.

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

clause (b):

(b.1) "family member" means the spouse, adult interdependent

partner, child, parent, sibling, son-in-law, daughter-in-law,

father-in-law, mother-in-law, first cousin, aunt, uncle, niece

or nephew of a registered producer;

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Alberta Regulation 28/2022

Marketing of Agricultural Products Act

ALBERTA MILK PLAN REGULATION

Filed: February 28, 2022

For information only: Made by the Minister of Agriculture, Forestry and Rural

Development (M.O.002/2022) on February 17, 2022 pursuant to

section 23 of the

Marketing of Agricultural Products Act.

Table of Contents

Definitions

2 Designation

Part 1

General Operation of Plan

Division 1

Plan

3 Plan continued

4 Termination of plan

5 Application of the plan

6 Purposes of the plan

Division 2

Responsibilities of Alberta Milk

7 Creates Alberta Milk

8 Responsibilities

9 Regulations to operate the plan

10 Financing the plan

11 Authority from a Canada Act

12 Funds established

Part 2

Governance of Plan

Division 1

Regions and Delegates

13 Regions

14 Region delegates

Division 2

Directors and Elections

15 Directors

16 Election of region directors

17 Election of directors at large

Division 3

Invalid or Controverted Elections, Vacancies

18 Insufficient attendance

19 Controverted elections

20 Vacant positions

Part 3

Review, Transitional and Repeal

21 Review

22 Transitional

23 Repeal

Definitions

1 In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "agricultural product" means agricultural product as

designated in

section 2;

(c) "Alberta Milk" means the corporation continued under

section 7;

(d) "annual general meeting" means an annual general meeting

of the directors and delegates held in accordance with the

bylaws;

(e) "annual region meeting" means an annual meeting of the

licensed producers in a region held in accordance with the

bylaws;

(f) "assets" means economic resources controlled by the body as

a result of past transactions and from which future economic

benefits may be obtained;

(g) "bylaws" means the bylaws made by Alberta Milk pursuant

section 26(2.1) of the Act;

(h) "Council" means the Alberta Agricultural Products

Marketing Council;

(i) "dairy animal" means a female animal of the Bos taurus

species kept for the purposes of milking;

(j) "dairy farm" means a premises where one or more dairy

animals are kept and from which a part or all of the milk is

sold, offered for sale or supplied for human consumption,

and includes all buildings and land occupied or used in

connection with the production of milk;

(k) "dairy product" means

(

i) milk,

(ii) a product of milk that contains no oil or fat other than

that of milk and contains a minimum of 50% milk

ingredients by weight,

(iii) a product of milk that is prescribed by a standard for

dairy products in the regulations under the Safe Food

for Canadians Act (Canada), and

(iv) milk products;

(l) "delegate" means a person elected as a delegate in

accordance with the bylaws;

(m) "director" means a director of Alberta Milk, whether elected

or appointed as a region director or director at large;

(n) "licensed producer" means a person who holds a producer

licence issued by Alberta Milk and to whom a quota has been

issued by Alberta Milk;

(o) "marketing" means buying, owning, selling, offerin