Alberta Regulation 134/99

Electric Utilities Act

GENERATING UNITS AMENDMENT REGULATION

Filed: June 16, 1999

Made by the Minister of Resource Development (M.O. 27/99) pursuant to

section 45.97 of the Electric Utilities Act.

1 The Generating Units Regulation (AR 72/99) is amended by this

Regulation.

Section 24 is amended by repealing clauses (c), (

d) and (e).

3 The

Schedule is amended by striking out the following:

Rainbow #1 APL gas turbine 2000

Rainbow #2 APL gas turbine 2000

Rainbow #3 APL gas turbine 2000

and substituting the following:

Rainbow #1 APL gas turbine 2005

Rainbow #2 APL gas turbine 2005

Rainbow #3 APL gas turbine 2005

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

Alberta Regulation 135/99

Employment Standards Code

EMPLOYMENT STANDARDS AMENDMENT REGULATION

Filed: June 23, 1999

Made by the Lieutenant Governor in Council (O.C. 253/99) pursuant to

section 138 of the Employment Standards Code.

1 The Employment Standards Regulation (AR 14/97) is amended by this

Regulation.

Section 66 is amended by striking out "1999" and substituting "2000".

Alberta Regulation 136/99

Corrections Act

CORRECTIONAL INSTITUTION AMENDMENT REGULATION

Filed: June 23, 1999

Made by the Lieutenant Governor in Council (O.C. 255/99) pursuant to

section 33 of the Corrections Act.

1 The Correctional Institution Regulations (AR 138/77) are amended by

this Regulation.

Section 29(2) is amended by adding "and services" after "items".

3 The following is added after

section 29:

29.1(1) The Chief Executive Officer may authorize the establishment

of an inmate telephone system in an institution for the purposes of

(

a) providing inmates with reasonable access to a

telephone, and

(

b) ensuring the security of the institution and the

protection of the public.

(2) If an inmate telephone system is established under subsection

(1), the director may suspend inmate access to the inmate telephone system

if, in the director's opinion,

(

a) the system is being misused or abused, or

(

b) the suspension is necessary to maintain the

security of the institution.

Alberta Regulation 137/99

Justice of the Peace Act

JUSTICE OF THE PEACE AMENDMENT REGULATION

Filed: June 23, 1999

Made by the Lieutenant Governor in Council (O.C. 257/99) pursuant to

section 7 of the Justice of the Peace Act.

1 The Justice of the Peace Regulation (AR 309/91) is amended by this

Regulation.

Schedule 2 is amended

(

a) in

section 3(1) by striking out "and" at the end of clause (a),

and by repealing clause (

b) and substituting the following:

(

b) from April 1, 1998 to March 31, 1999 is $43 068,

and

(

c) from April 1, 1999 is $43 932.

(

b) by repealing sections 3(2) and 4(2).

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

Alberta Regulation 138/99

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: June 23, 1999

Made by the Lieutenant Governor in Council (O.C. 261/99) pursuant to

sections 16, 17 and 18 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 127/99)

is amended by this Regulation.

Section 1 is renumbered as

section 1(1) and the following is added

after subsection (1):

(2) The responsibility for the administration of that part of the

public service consisting of the following position numbers is transferred

to the President of Executive Council:

(3) The responsibility for the administration of $570 000 of element

1.0.3 of Program 1 - Intergovernmental and Aboriginal Affairs of the

operating expense and capital investment supply vote of the 1999-2000

Government appropriation for Intergovernmental and Aboriginal Affairs,

previously transferred to the Minister of International and

Intergovernmental Relations, is transferred to Executive Council.

Section 3 is amended

(

a) in subsection (1)

(

i) by renumbering clause (

a) as clause (a.1) and

adding the following before clause (a):

(

a) Adult Adoption Act;

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

(b.1) Family and Community Support Services

Act;

(b.2) Protection Against Family Violence Act;

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

(

d) Social Care Facilities Licensing Act;

(

e) Social Care Facilities Review Committee

Act.

(

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

(1.1) The function of the Minister of Family and Social

Services under the Protection for Persons in Care Act is transferred to the

Minister of Children's Services.

(

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

(5) The responsibility for the administration of that part of

the public service directly employed in the administration of the

enactments referred to in subsection (1)(b.1), (

d) and (

e) is transferred

to the Minister of Children's Services.

(6) The responsibility for the administration of a total of

$250 000 from Program 1 - Ministry Support Services, except elements 1.0.2,

1.0.3, 1.0.5 and 1.0.8, the unexpended balances of elements 1.0.5 and 1.0.8

of Program 1 - Ministry Support Services and the unexpended balance of

Program 6 - Family and Community Support Services of the operating expense

and capital investment supply vote of the 1999-2000 Government

appropriation for Family and Social Services, previously transferred to the

Minister of Human Resources and Employment, is transferred to the Minister

of Children's Services.

Section 7 is amended by adding the following after subsection (6):

(7) The responsibility for the administration of the Community

Lottery Program Grants program is transferred to the Minister of Gaming.

(8) The powers and duties of the Minister of Community Development

under

Schedule 3 of the Community Development Grants Regulation (AR 57/98)

are transferred to the Minister of Gaming.

(9) The responsibility for the administration of that part of the

public service directly employed in the administration of the Community

Lottery Program Grants program is transferred to the Minister of Gaming.

(10) The responsibility for the administration of $275 000 of

element 1.0.3 and $50 000 of element 1.0.5 of Program 1 - Ministry Support

Services and $675 000 of element 2.1.3 and the unexpended balance of

element 2.2.5 of Program 2 - Community Services of the operating expense

and capital investment supply vote of the 1999-2000 Government

appropriation for Community Development is transferred to the Minister of

Gaming.

Section 8 is amended

(

a) in subsection (1) by renumbering clause (

a) as clause (a.1) and

adding the following before clause (a.1):

(

a) Agricultural and Recreational Land Ownership Act;

(

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

"Reform".

Section 9 is amended

(

a) in subsection (1)(

s) by striking out "30(i)" and substituting

"31(i)";

(

b) in subsection (4) by striking out "30(i)" and substituting

"31(i)";

(

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

(4.1) The function of the Minister of Health under the

Protection for Persons in Care Act is transferred to the Minister of Health

and Wellness.

Section 10 is amended

(

a) in subsection (1)

(

i) by repealing clauses (a), (ff), (kk) and (ll);

(ii) by adding the following before clause (oo):

(nn.1) Student and Temporary Employment

Act;

(

b) by repealing subsection (2);

(

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

(2.1) The power of the Minister of Family and Social Services

under

section 9.2 of the Social Work Profession Act is transferred to the

Minister of Human Resources and Employment.

(

d) in subsection (5) by striking out "Program, and that part

related to Freedom of Information and Protection of Privacy" and

substituting "Program and that part related to Freedom of Information and

Protection of Privacy,".

Section 11 is amended

(

a) in subsection (1)

(

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

(e.1) Dangerous Goods Transportation and

Handling Act;

(ii) in clause (

g) by striking out "Schedules 8 and 12"

and substituting "Schedule 8";

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

(g.1)

Schedule 12, except

section 14, of the

Government Organization Act;

(iv) in clause (

j) by striking out "sections 12(1) and

15" and substituting "section 15";

(

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

(1.1) The responsibility for

section 15 of the Motor Transport

Act is transferred to the common responsibility of the Minister of

Infrastructure and the Minister of Government Services.

(1.2) The Minister of Infrastructure is designated as the

Minister responsible for the Central Western Railway Corporation Act.

Section 12 is amended

(

a) in subsection (1) by adding the following after clause (c):

(c.1)

section 14 of

Schedule 12 of the Government

Organization Act;

(

b) in subsection (6) by adding "of the Department of Economic

Development" after "Initiatives";

(

c) by adding the following after subsection (9):

(10) The responsibility for the administration of that part of the

public service consisting of the following position numbers is transferred

to the Minister of Innovation and Science:

(11) The responsibility for the administration of the unexpended

balance of element 1.0.3 of Program 1 - Ministry Support Services of the

operating expense and capital investment supply vote of the 1999-2000

Government appropriation for Advanced Education and Career Development,

previously transferred to the Minister of Learning, is transferred to the

Minister of Innovation and Science.

Section 13 is amended by adding the following after subsection (3):

(4) The responsibility for the administration of that part of the

public service consisting of the following position numbers is transferred

to the Minister of International and Intergovernmental Relations:

(5) The responsibility for the administration of the unexpended

balance of element 1.0.1 of Program 1 - Ministry Support Services of the

operating expense and capital investment supply vote of the 1999-2000

Government appropriation for Advanced Education and Career Development,

previously transferred to the Minister of Learning, is transferred to the

Minister of International and Intergovernmental Relations.

Section 14 is amended by repealing clauses (zz) and (lll).

Section 16 is amended

(

a) by repealing subsection (1)(

a) and (f);

(

b) in subsection (2) by striking out "Act,

section 14(1)(

b) of the

Highway Traffic Act and

section 15 of the Motor Transport Act" and

substituting "Act and

section 14(1)(

b) of the Highway Traffic Act";

(

c) by repealing subsection (3)(a).

Section 17 is amended by adding the following after subsection (10):

(11) The responsibility for the administration of that part of the

public service consisting of the following position numbers is transferred

to the Minister of Resource Development:

(12) The responsibility for the administration of the unexpended

balance of element 1.0.6 of Program 1 - Ministry Support Services of the

operating expense and capital investment supply vote of the 1999-2000

Government appropriation for Environmental Protection, previously

transferred to the Minister of Environment, is transferred to the Minister

of Resource Development.

(13) The responsibility for the administration of the unexpended

balance of element 1.0.3 of Program 1 - Ministry Support Services of the

operating expense and capital investment supply vote of the 1999-2000

Government appropriation for Family and Social Services, previously

transferred to the Minister of Human Resources and Employment, is

transferred to the Minister of Resource Development.

Section 18(1)(

j) and (

y) are amended by striking out "Fund".

Section 19 is amended

(

a) by renumbering it as

section 19(1);

(

b) in subsection (1) by adding the following after clause (d):

(

e) Advanced Education and Career Development

Administrative Transfer Order (AR 391/92);

(

f) Agriculture, Food and Rural Development

Administrative Transfer Order (AR 79/93);

(

g) Alberta Energy Company Act Administrative Transfer

Order (AR 266/86);

(

h) Alberta Energy Company Act Administrative Transfer

Order (AR 493/82);

(

i) Alberta General Insurance Company Administrative

Transfer Order (AR 154/92);

(

j) Alberta Government Telephones Commission

Administrative Transfer Order (AR 349/94);

(

k) Animal Protection Act Administrative Transfer Order

(AR 38/83);

(

l) Order Respecting Administrative Transfers from the

Attorney General (AR 239/73);

(

m) Office of the Attorney General Administrative

Transfer Order (AR 285/88);

(

n) Community Development Administrative Transfer Order

(AR 392/92);

(

o) Community Development Administrative Transfer Order

No. 2 (AR 96/93)

(

p) Community and Occupational Health Administrative

Transfer Order, No. 2 (AR 350/88);

(

q) Consumer and Registry Services Administrative

Transfer Order (AR 97/93);

(

r) Consumer and Registry Services Administrative

Transfer Order No. 2 (AR 199/93);

(

s) Custody Mediation Administrative Transfer Order (AR

225/90);

(

t) Electric Energy Administrative Transfer Order (AR

10/90);

(

u) Employment Agencies Administrative Transfer Order

(AR 24/87);

(

v) Energy Administrative Transfer Order (AR 196/86);

(

w) Environmental Research Centre Transfer Regulation

(AR 136/96);

(

x) Family and Community Support Services

Administrative Transfer Order (AR 22/90);

(

y) Family and Social Services Administrative Transfer

Order No. 2 (AR 148/89);

(

z) Financial Institutions Administrative Transfer

Order, No. 1 (AR 206/86);

(aa) Firearm By-law Administrative Transfer Order (AR

39/94);

(bb) Fuel Tax Administrative Transfer Order (AR 50/94);

(cc) Hospital Construction Administrative Transfer Order

(AR 287/88);

(dd) Hospitals and Medical Care Administrative Transfers

Order (AR 111/75);

(ee) Hospitals and Medical Care Administrative Transfer

Order (AR 288/88);

(ff) Hospitals and Medical Care Administrative Transfer

Order, 1981 (AR 247/81);

(gg) Hospitals, Medical Care and Community Health

Administrative Transfer Order (AR 251/88);

(hh) Housing Administrative Transfer Order (AR 198/86);

(ii) Human Tissue Gift Act Administrative Transfer

Order, 1983 (AR 164/83);

(jj) Insurance Corporations Tax Act Administrative

Transfer Order (AR 106/84);

(kk) Labour Administrative Transfers Order (AR 113/75);

(ll) Labour Administrative Transfer Order (AR 394/92);

(mm) Land Assembly Administrative Transfer Order (AR

289/83);

(nn) Lotteries, Major Exhibitions and Fairs

Administrative Transfer Order (AR 211/86);

(oo) Manpower Planning Unit, Health and Social Services

Disciplines Committee Administrative Transfer Order (AR 374/87);

(pp) Michener Centre Administrative Transfer Order (AR

397/92);

(qq) Mines and Minerals Act Administrative Transfer

Order (AR 85/91);

(rr) Motor Transport Act Administrative Transfer Order

(AR 387/87);

(ss) Municipal Affairs Administrative Transfer Order (AR

45/87);

(tt) Municipal Affairs Administrative Transfer Order (AR

254/88);

(uu) Municipal Affairs, Public Works, Supply and

Services Administrative Transfer Order (AR 308/93);

(vv) National Infrastructure Program Administrative

Transfer Order (AR 329/94);

(ww) Native Affairs Programs Administrative Transfer

Order (AR 246/92);

(xx) Native Affairs Programs Administrative Transfer

Order (AR 25/93);

(yy) Native Affairs Secretariat Administrative Transfer

Order (AR 207/86);

(zz) Native Services and Programs Administrative

Transfer Order (AR 196/91);

(aaa) Office of the Chief Information Officer Transfer

Regulation (AR 124/97);

(bbb) President of the Executive Council Administrative

Transfer Order (AR 399/92);

(ccc) Provincial Treasurer Administrative Transfers Order

(AR 178/75);

(ddd) Public Lands Administrative Transfer Order (AR

90/93);

(eee) Public Lands and Wildlife Administrative Transfer

Order, 1979 (AR 119/79);

(fff) Public Service Miscellaneous Administrative

Transfer Order (AR 82/93);

(ggg) Public Utilities Board Administrative Transfer

Order (AR 64/90);

(hhh) Recreation and Parks Administrative Transfer Order,

1979 (AR 120/79);

(iii) Road Authority Administrative Transfer Order (AR

169/93);

(jjj) Security Services Administrative Transfer Order (AR

265/89);

(kkk) Seniors Administrative Transfer Order (AR 26/93);

(lll) Seniors Advisory Council Administrative Transfer

Order (AR 324/94);

(mmm) Seniors, Family and Social Services Administrative

Transfer Order (AR 289/91);

(nnn) Seniors Shelter Grants Administrative Transfer

Order (AR 291/94);

(ooo) Social Services and Community Health Administrative

Transfers Order (No. 4) (AR 285/80);

(ppp) Solicitor General Administrative Transfers Order

(AR 145/75);

(qqq) Solicitor General Administrative Transfer Order,

1980 (AR 306/80);

(rrr) Student and Temporary Employment Order (AR 197/93);

(sss) Tourism, Economic Development and AADAC

Administrative Transfer Order (AR 9/94);

(ttt) Transportation Services Administrative Transfer

Order (AR 201/90);

(uuu) Transportation and Utilities Administrative

Transfer Order (AR 202/86);

(vvv) Treasury Department Administrative Transfer Order

(AR 402/92);

(www) Young Offenders Program Administrative Transfer

Order (AR 304/86).

(

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

(2) The Reorganization Administrative Transfer Order (AR

200/93) is amended by repealing

section 4.

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

Alberta Regulation 139/99

Dairy Industry Act

DAIRY INDUSTRY REGULATION

Filed: June 23, 1999

Made by the Lieutenant Governor in Council (O.C. 262/99) pursuant to

section 39 of the Dairy Industry Act (SA 1999 cD-1.2).

Table of Contents

Interpretation 1

Part 1

Licences

Dairy Industry Act Licences

Classes of licences 2

Application for licence 3

Conditions of licence 4

Licence term 5

Licence not transferable 6

Licence format 7

Part 2

Milk Production and Transportation

Dairy Barn, Milk House and Milking Parlour

Dairy barn, milk house 8

Road 9

Building approval 10

Dairy Barns

Barn required 11

Dairy barn standards 12

Dairy barn construction 13

Milking Parlours

Milking parlour 14

Milk Houses

Milk house purpose 15

Milk house standards 16

Cleansing standards 17

Storage of hazardous products 18

Hose port 19

Equipment 20

Bulk Milk Tanks

Bulk milk tank 21

Installation 22

Milk from approved tank 23

Clearances 24

Standards 25

Milk temperature 26

Cream temperature 27

Milk and Cream Handling Equipment

Equipment in contact with milk 28

Equipment maintenance 29

Milk handling equipment 30

Milking Operations

Cleanliness, maintenance 31

Staff 32

Single species milk 33

Milking 34

Milking equipment sanitation 35

Cleansers 36

Care of Dairy Animals

Housing 37

Drugs 38

Milk Handling and Transport

Licence required 39

Milk collection 40

Milk Transport Vehicles

Milk transport vehicles required 41

Tank standards 42

Part 3

Samples, Testing, Standards and Grades

Milk and Cream Quality Standards

Milk, cream standards 43

Saleable milk 44

Samples 45

Testing 46

Milk Grading

Grade tests 47

Grading 48

Grade adjustments 49

Drug residue ramifications 50

Bacteria ramifications 51

Freezing point ramifications 52

Cleanliness ramifications 53

Testing milk 54

Part 4

Processing

Processor duties 55

Construction, Layout and Operation of Dairy Plants

Plant land 56

Plant standards 57

Dairy plant water system 58

Dairy plant lighting 59

Ventilation 60

Refrigeration 61

Contamination prevention 62

Thermal Processing

Pasteurization 63

Pasteurization equipment 64

Required temperatures 65

Records 66

Washing, sanitizing 67

Employees and Visitors

Employees 68

Hygiene standards 69

Diseased people 70

Dairy Plant Operations

Allowable milk 71

Storage 72

Non-milk ingredients 73

Equipment requirements 74

Operation requirements 75

Hazardous agents 76

Product identification 77

Sampling, Testing and Standards

of Dairy Products

Bacterial standards. 78

Pasteurized milk standard 79

Part 5

Written Notice

Giving notice 80

Part 6

Repeals, Expiry and Coming into Force

Repeals 81

Expiry 82

Coming into force 83

Schedules

Interpretation

1(1) In this Regulation,

(a) "Act" means the Dairy Industry Act;

(b) "bulk milk tank" means a stationary storage tank used for the

cooling and holding of raw milk on a dairy farm and includes the fixtures

and equipment used in connection with it;

(c) "commercially sterile" means the condition obtained in a dairy

product that has been processed by the application of heat alone or in

combination with other treatments, to render the dairy product free from

viable forms of micro-organisms, including spores, that would be capable of

growing in the dairy product at normal temperatures at which the milk or

dairy product is intended to be held during distribution and storage;

(d) "communicable disease" means a communicable disease as defined

in the Communicable Diseases Regulation (AR 238/85);

(e) "critical control point" means a point or procedure in a dairy

plant where, with respect to the receiving of milk or the processing of

dairy products, a failure to exercise control over the process at that

point or a failure to follow a procedure in the process may result in a

health hazard;

(f) "critical limit" means identified tolerances in processing that

must be met to ensure that a critical control point effectively controls a

health hazard;

(g) "gross producer returns" means the value of milk delivered by a

producer to a processor before any deductions or adjustments are made under

this Regulation;

(h) "HTST" means high-temperature, short-time, when used with

reference to the pasteurization of a dairy product;

(i) "market" means to sell, re-sell, offer for sale or re-sale,

keep for sale or re-sale, buy, price, assemble, pack, handle, store,

deliver or transport;

(j) "milk house" means a building, room or rooms on a dairy farm

used for cooling and storing milk or farm-separated cream and for cleaning

and sanitizing equipment used in the production and storage of raw milk or

farm-separated cream;

(k) "sanitize" means the process of reducing the number of

bacterial contaminants by means of heat or chemical treatment;

(l) "standard methods" means the microbiological, chemical and

compositional methods of analysis as approved by any of the organizations

referred to in

section 46(2);

(m) "thermal processing" means a heat preservation process applied

to food with the object of reducing the level of pathogens associated with

that food in order to ensure the safety of that food over its intended

shelf-life and storage conditions;

(n) "3-A Standards" means the 3-A Standards published by the

International Association of Milk, Food and Environmental Sanitarians, as

amended or replaced from time to time;

(o) "UHT" means ultra high temperature processing of dairy products

by systems that are capable of rendering the dairy products commercially

sterile on exiting the thermal processor.

(2) For the purposes of this Regulation, a reference to

(

a) the Food and Drugs Act (Canada) includes the regulations under

that Act, and

(

b) the Dairy Board Act includes the regulations under that Act.

PART 1

LICENCES

Dairy Industry Act Licences

Classes of licences

2 The Director may issue the following classes of licences:

(

a) bulk milk grader;

(

b) pasteurizer operator.

Application for licence

3(1) An application for a licence must be made to the Director.

(2) An application must

(

a) contain the information and any documentation required by the

Director,

(

b) be accompanied by evidence satisfactory to the Director that

the applicant has taken a course specified by the Director and has

satisfactorily passed an examination required by the Director, and

(

c) be accompanied by the applicable fee.

(3) The Director may issue a licence if the Director is satisfied that the

application meets the requirements of this section.

Conditions of licence

4 The standards and requirements set out in the Act and this Regulation

are conditions imposed on each licence issued by the Director under this

Regulation.

Licence term

5 The term of a licence expires on the 5th December 31 following its

issue, unless an earlier expiry date is specified by the Director on the

licence.

Licence not transferable

6 A licence issued under this Regulation is not transferable.

Licence format

7 A licence must be in a form provided by the Minister.

PART 2

MILK PRODUCTION AND TRANSPORTATION

Dairy Barn, Milk House and Milking Parlour

Dairy barn, milk house

8 The land surrounding a dairy barn and milk house must be

(

a) configured and maintained in a manner that prevents

contamination of milk and farm-separated cream,

(

b) kept free of refuse and animal and vegetable wastes, and

(

c) well drained.

Road

9 In order to permit passage by a milk transport vehicle, a producer's

road to a milk house must be maintained by the producer so that access to

the milk house is

(

a) safe and easy in all weather conditions, and

(

b) free of animals, locked gates and other obstacles.

Building approval

10 No person shall

(

a) construct a building for use for dairy purposes on a dairy

farm, or

(

b) renovate or remodel a building for use or used for dairy

purposes on a dairy farm in a way that materially affects the milk handling

operation,

unless an inspector has first approved the proposed site and plans.

Dairy Barns

Barn required

11 Every dairy farm must have a dairy barn located on it.

Dairy barn standards

12(1) A dairy barn must be

(

a) kept clean,

(

b) maintained in good repair,

(

c) provided with a water source, and

(

d) insulated and ventilated so as to prevent the accumulation of

odours and water condensation.

(2) In a dairy barn,

(

a) manure must be removed at least daily from animal stalls,

floors, alleyways, gutters and holding areas, and

(

b) box stalls and calf pens must be maintained in clean, dry and

sanitary conditions, free of strong odours.

(3) A loose housing barn must be provided with bedding distributed on a

regular basis sufficient to provide a clean, dry rest area for the animals

and must be cleaned out at least once a year.

Dairy barn construction

13(1) A dairy barn must be designed and constructed in a manner that

(

a) permits the operations carried on in it to be performed under

sanitary conditions,

(

b) prevents the contamination of milk and farm-separated cream,

and

(

c) prevents injury to and damage by dairy animals.

(2) A dairy barn must be constructed of materials that

(

a) are durable,

(

b) permit the effective cleaning of all interior surfaces, and

(

c) are free of any toxic or noxious substances.

(3) Subject to subsection (4), stall platforms, gutters, holding areas

and alleyways of a dairy barn must be

(

a) constructed of concrete or other impervious material, and

(

b) constructed in a manner that prevents random cracking.

(4) Subsection (3) does not apply to bedding areas in loose housing barns,

or stalls in a free stall barn.

(5) A dairy barn where cows are milked must

(

a) have walls and ceilings that are hard, cleanable,

light-coloured and painted as required by an inspector,

(

b) have stall platforms, gutters, floors, mangers and alleyways

constructed of concrete or other impervious material, in a manner that

prevents cracking,

(

c) have manure gutters of sufficient size to contain manure

accumulated between cleanings,

(

d) have gradients in stalls that permit complete drainage,

(

e) be provided with light fixtures that are shielded so as to

prevent breaking glass from falling into open milk containers,

(

f) be illuminated in a manner that permits the person carrying out

the milking to

(

i) see the udders of the dairy animals during milking,

and

(ii) perform the milking in a sanitary manner,

and

(

g) have, in a case where a liquid manure pit is located under or

adjacent to a dairy housing barn, ventilation for the liquid manure pit

that prevents the pit odours from entering the barn, milk house and milking

parlour.

(6) Dairy barns must be kept free of pests.

(7) A system that is satisfactory to an inspector must be provided for the

storage or disposal of manure and other wastes from the dairy barn.

Milking Parlours

Milking parlour

14(1) A milking parlour must

(

a) be equipped with or have ready access to a pressurized hot and

cold running potable water system that is protected from any source of

contamination,

(

b) be equipped with pipes, hoses and nozzles that are installed

and arranged in a manner that permits cleaning of the parlour and

equipment,

(

c) be equipped with a ventilation system to eliminate condensation

and odours that may affect the organoleptic characteristics of the milk,

(

d) be equipped with a heating system to prevent freezing,

(

e) be illuminated in a manner that permits the person carrying out

the milking to

(

i) see the udders of the dairy animals during milking,

and

(ii) perform milking in a sanitary manner,

(

f) have walls and ceilings that are

(

i) covered with hard, smooth, washable,

light-coloured, waterproof material, and

(ii) free of indentations, flaking, pitting and cracks,

(

g) have the lower 15 cm of the walls, above floor level,

constructed of concrete or other impervious material, and

(

h) be kept free of animals other than dairy animals that are

present for milking.

(2) The floor, ramps and platforms of a milking parlour must

(

a) be constructed of concrete or other impervious material,

(

b) be maintained in good repair,

(

c) be rounded at the intersection with the walls, and

(

d) have covered drains, equipped with traps, that are sloped so as

to flow into a wastewater drainage system.

(3) If a milking parlour is constructed as a part of a dairy barn it must

be located and maintained so that all equipment can be kept clean and free

of contamination, including stable odours.

Milk Houses

Milk house purpose

15 A producer must have a milk house and must use it exclusively for

(

a) cooling and storing milk and farm-separated cream, and

(

b) cleaning, sanitizing and storing materials, milking equipment

and utensils used in the production and handling of milk and farm-separated

cream.

Milk house standards

16(1) A milk house must be

(

a) attached to, adjacent to or part of the dairy barn or milking

parlour, and

(

b) of adequate size to accommodate the milking equipment and

utensils and provide the necessary working space.

(2) A milk house must be

(

a) fitted with self-closing doors where the milk house leads

directly into a dairy barn,

(

b) located, constructed and maintained so as to prevent any

objectionable odours or pests from entering the milk house directly from a

milking parlour, barn or any other source, and

(

c) accessible from an exterior entry point.

(3) A milk house must have a floor of concrete or other impervious

material that

(

a) is properly reinforced and constructed to prevent cracking,

(

b) is maintained in good repair,

(

c) slopes adequately to prevent pooling and drains to a properly

trapped, readily accessible covered floor drain that

(

i) has a minimum diameter of 10 cm, and

(ii) is not located under the bulk milk tank or bulk

milk tank outlet,

and

(

d) has a concrete or similarly impervious wall rising at least 15

cm above the floor level.

(4) A milk house must

(

a) be equipped with a pressurized hot and cold running potable

water system that

(

i) has taps, pipes, hoses and nozzles installed and

arranged in a manner that permits cleaning of the milk house,

(ii) is protected from any source of contamination to

the water, and

(iii) provides sufficient water to meet the operating

requirements of the milk house,

(

b) be equipped with a ventilation system to eliminate condensation

and odours that may affect the organoleptic characteristics of the milk,

(

c) be properly insulated and heated to prevent freezing,

(

d) be illuminated in a manner that permits milk or farm-separated

cream handling operations and inspection, cleaning and sanitizing of the

premises and equipment to be carried out in a sanitary manner,

(

e) be equipped with a dispenser containing individual towels,

(

f) have walls and ceilings that are

(

i) covered with hard, smooth, washable, light-coloured

and waterproof material, and

(ii) free of indentations, flaking, pitting and cracks,

and

(

g) be kept free of pests.

(5) Lights in a milk house that are directly above or near a bulk milk

tank must be protected by shatterproof covers or coatings.

(6) All exterior doors, windows and openings of a milk house must be kept

closed or be fitted with screens or other devices to prevent the entry of

pests.

Cleansing standards

17(1) A milk house must contain

(

a) one or more sinks with concave bottoms for washing equipment,

(

b) a separate sink for washing hands,

(

c) the necessary materials for washing and drying hands, and

(

d) cupboards, stands or shelves of non-corrosive material located

off the floor to hold the materials and equipment used in the production

and handling of milk or farm-separated cream.

(2) All sinks referred to in subsection (1) must be drained by a pipe

equipped with a trap connected to a wastewater drainage system.

(3) If a milk house is provided with a lavatory, the lavatory must

(

a) not open directly into the milk house working area, and

(

b) be maintained in a clean and sanitary condition.

Storage of hazardous products

18(1) All containers of detergents or sanitizers and all other cleaning

materials used in the production and handling of milk or farm-separated

cream that are stored in a milk house must be in a location and stored in a

manner that prevents contamination of the milk or farm-separated cream.

(2) No pesticides, or other toxic products, other than those that are

directly related to the operation of a milk house, must be stored in a milk

house.

(3) All veterinary drugs stored in a milk house must be kept in a cupboard

or refrigerator in a manner that prevents contamination of the milk and

farm-separated cream.

Hose port

19(1) A milk house must be equipped with a hose port that

(

a) is located at least 40 cm above the milk house floor,

(

b) is not more than 15 cm in diameter, and

(

c) is kept closed when not in use to prevent the entry of pests.

(2) A milk house must have

(

a) outside the milk house and directly below the hose port, a

concrete apron

(

i) that is connected to the main entrance of the milk

house by a concrete walkway, and

(ii) that is large enough so that the hose of the milk

transport vehicle cannot contact ground other than the concrete walkway,

(

b) a grounded exterior electrical outlet adjacent to the hose port

and controlled by a bipolar switch located on the interior wall of the milk

house in a location accessible to the bulk milk grader, and

(

c) a window in the milk house that permits the bulk milk grader to

observe the transfer pump compartment of the milk transport vehicle's tank

from inside the milk house.

Equipment

20(1) When located in a milk house, the refrigeration compressor, water

heater and water pump must be installed and operated in a manner that does

not contaminate the milk.

(2) A milk house must be equipped with a separate and adequately drained

and well maintained equipment room for the vacuum pumps.

Bulk Milk Tanks

Bulk milk tank

21(1) A producer must store all milk produced for sale for human

consumption in a bulk milk tank that meets the requirements of this

Regulation.

(2) Subject to

section 24(2), all bulk milk tanks must be located in the

milk house.

(3) Despite subsection (1), a producer who produces only farm-separated

cream is not required to have a bulk milk tank in a milk house but must

have facilities for storing and cooling farm-separated cream so that the

farm-separated cream meets the requirements of

Schedule 2.

(4) Despite subsections (1) and (5), if a Director has approved direct

shipment to a dairy plant, a producer is not required to have a bulk milk

tank in the milk house.

(5) A producer must have at least one bulk milk tank for each species of

dairy animal milked on the dairy farm.

(6) A producer may place only milk in a bulk milk tank that is produced on

the producer's dairy farm.

Installation

22 No person shall install or permit the installation of a bulk milk tank

on a dairy farm unless the tank is first approved by an inspector.

Milk from approved tank

23 A processor may not accept milk from a bulk milk tank that the

processor knows or ought to know has not been approved under

section 22.

Clearances

24(1) A bulk milk tank in a milk house must be located so that there is

(

a) sufficient clearance for inspection and sampling of the milk

and the removal of the dipstick, gauge or other measuring device,

(

b) at least 90 cm clearance on the outlet side, the pouring side

and the sink side, and

(

c) at least 60 cm clearance on any remaining side.

(2) Subsection (1)(

c) does not apply to a bulk milk tank that is

bulkheaded where a portion of the tank extends beyond the milk house wall.

Standards

25(1) A bulk milk tank must

(

a) conform to 3-A Standards,

(

b) be used exclusively for the storage and cooling of milk,

(

c) have a capacity to hold at least 2.5 days of milk production by

the dairy animal herd during its peak production period,

(

d) be equipped with a dipstick, gauge or other measuring device

authorized by the Director to permit determination of the volume of milk

contained in the tank on the basis of the calibration table bearing the

same serial number as the dipstick or gauge and the tank,

(

e) have mechanical agitation capable of restoring uniformity of

all milk constituents throughout the tank without splashing or churning of

the milk,

(

f) not use air agitation,

(

g) be equipped with intermittent controlled agitation that

provides a minimum of 5 minutes of agitation every hour,

(

h) be capable of cooling the milk and maintaining it at a

temperature of between 1øC and 4øC,

(

i) have legs that are adjustable,

(

j) be equipped with a thermometer in working order bearing

gradations from at least 0øC to 50øC and showing the temperature of the

milk contained in the tank to within +/-1øC, and

(

k) be equipped with an outlet cap.

(2) A bulk milk tank must be

(

a) emptied at least once every 2 days, unless approval for a

longer period is granted by the Dairy Control Board on the recommendation

of the Director, and

(

b) cleaned and sanitized each time it is emptied.

(3) Despite subsection (1)(c), if there is more than one bulk milk tank on

a dairy farm, the combined capacity of the bulk milk tanks must be able to

hold at least 2.5 days of milk production by the dairy animal herd during

its peak production period.

Milk temperature

26(1) The milk contained in a bulk milk tank on a dairy farm must be

maintained at a temperature of between 1øC and 4øC until collection.

(2) The temperature prescribed for milk in subsection (1) must be achieved

in the following manner:

(

a) the first milking placed in the bulk milk tank must be cooled

to 10øC or less within one hour after completion of milking and to between

1øC and 4øC within 2 hours after milking and maintained at that

temperature;

(

b) the blend temperature, when subsequent milkings enter the tank,

may not rise to above 10øC and the milk must be cooled to between 1øC and

4øC within one hour after milking and maintained at that temperature.

Cream temperature

27 A producer of farm-separated cream must provide a cooling system

capable of maintaining the farm-separated cream at a temperature necessary

to achieve the acidity level set out in

Schedule 2.

Milk and Cream Handling Equipment

Equipment in contact with milk

28 The surfaces of materials and equipment that come into contact with

milk or farm-separated cream must be

(

a) constructed of non-corrosive material,

(

b) smooth and free of cavities, open seams and loose particles,

(

c) non-toxic and resistant to damage by cleansers and sanitizers,

(

d) unaffected by milk or farm-separated cream, and

(

e) manufactured so as not to affect milk and farm-separated cream.

Equipment maintenance

29 All equipment used to handle, store or transport milk or

farm-separated cream must be

(

a) kept clean,

(

b) installed and maintained in accordance with the manufacturer's

instructions,

(

c) maintained in working order, and

(

d) used only for the purposes of collecting, cooling, holding and

transferring milk or farm-separated cream.

Milk handling equipment

30(1) No person shall install or permit the installation of milking or

milk handling equipment on a dairy farm unless the equipment conforms to

3-A Standards and is installed in accordance with 3-A Standards.

(2) No producer shall use or permit the use of milking or milk handling

equipment that does not comply with subsection (1).

(3) If an inspector discovers milking or milk handling equipment that does

not comply with subsection (1), is beyond repair or is otherwise unsuitable

for the purpose intended, the inspector may request the producer to cease

using the equipment, and the producer must comply.

Milking Operations

Cleanliness, maintenance

31 The premises, materials and equipment of the dairy barn, holding area,

milking parlour and milk house must be kept clean and maintained in good

repair.

Staff

32(1) A person who is conducting a milking operation must

(

a) wash hands and dry them with single-service towels to ensure

that the hands are clean and dry during milking,

(

b) wear clean clothing, and

(

c) in a case where the person has an open lesion, wear a

waterproof covering that prevents contamination of the milk or

farm-separated cream.

(2) No person infected with or carrying a communicable disease that may be

transmitted through the milk or farm-separated cream may work in a capacity

that involves the production, handling, storage or transportation of milk

or farm-separated cream.

Single species milk

33 No person may mix milk from more than one animal species in the same

bulk milk tank.

Milking

34(1) A producer must ensure that the flanks, udders and tails of the

producer's dairy animals are kept clean and free of mud and manure.

(2) A teat dip solution used to sanitize teats must be approved for that

purpose under the Food and Drugs Act (Canada).

(3) A producer must have posted procedures for the milking equipment

sanitation program and ensure that they are followed.

Milking equipment sanitation

35 Equipment and utensils that come into contact with the milk during

milking must be

(

a) rinsed, washed, rinsed and drained within one hour after use,

(

b) stored, when not in use, in a manner that prevents

contamination, and

(

c) sanitized and drained immediately before use.

Cleansers

36(1) Detergents, sanitizers, pesticides and other pest control products

used in a dairy barn must be those approved by the Director.

(2) All detergents, sanitizers, pesticides and other pest control products

must be kept in their original labelled containers or kept in containers

that are labelled to ensure easy identification of the types of products.

Care of Dairy Animals

Housing

37(1) Animals whose milk is intended for human consumption must be kept

clean and free of diseases transmittable to humans by milk.

(2) A dairy barn may not be used to house animals other than the species

of the dairy animals being kept for the purpose of milking.

(3) If more than one dairy species is maintained on the same dairy farm,

(

a) dairy ewes must be kept in separate buildings from other dairy

species,

(

b) dairy species other than dairy ewes may be kept in separate

areas of the same building, and

(

c) milking, collection, storage and transfer equipment must be

operated so that mixing of the milk among dairy animal species is

prevented.

(4) In a dairy barn, young dairy animals must be kept in separate pens or

box stalls when housed in the same facility as the milking herd.

(5) In dairy goat operations, all bucks must be housed separately from the

rest of the herd in order to prevent odour contamination of the milk.

Drugs

38(1) Only drugs or products approved for administration to dairy animals

under the Food and Drugs Act (Canada), the Feeds Act (Canada), the Pest

Control Products Act (Canada) and any applicable provincial enactment may

be administered to a dairy animal as set out in the product label.

(2) A producer must identify treated animals and maintain a written record

for at least one year of all drug and product use.

(3) A processor who receives milk from a producer, an inspector and the

Director may examine the records referred to in subsection (2) during the

producer's regular working hours.

Milk Handling and Transport

Licence required

39 No person shall receive milk from a bulk milk tank unless the person is

a bulk milk grader.

Milk collection

40(1) A bulk milk grader must

(

a) wear clean clothing while performing any activities, duties or

functions under this Regulation,

(

b) not be infected with or carry any communicable disease that is

transmitted through milk, and

(

c) wear a waterproof covering over any open lesion so that the

milk is not contaminated.

(2) A bulk milk grader shall not collect milk from a bulk milk tank if

(

a) the milk in the tank has been seized or placed under detention

by an inspector under

section 11 of the Act,

(

b) the producer has been prohibited from shipping milk by an

inspector under

section 11 of the Act,

(

c) the producer does not hold a producer licence, in good

standing, issued by the Dairy Board, or

(

d) the milk contained in the bulk milk tank is not acceptable on

the basis of its appearance, odour, temperature or other observable

abnormalities.

(3) A bulk milk grader, when collecting milk at a dairy farm, must

(

a) ensure that hands are clean before handling or touching

equipment,

(

b) measure the volume of milk contained in the producer's bulk

milk tank,

(

c) clearly identify samples as required by the Director,

(

d) take a representative sample of milk from each bulk milk tank

to conduct tests for the purposes of the Act and the Dairy Board Act

(

i) by means of a mechanical sampler on the milk

transport vehicle, or

(ii) directly from the producer's bulk milk tank using a

sanitized dipper rinsed in the milk prior to sampling, pipette or other

sanitary sampling device, following agitation of the milk contained in the

tank for at least 5 minutes or as otherwise required by the Director to

assure homogeneity of the milk,

and

(

e) record on a collection report all information required by the

processor, the Director and the Dairy Board.

(4) A bulk milk grader must use the hose port when transferring milk from

a bulk milk tank to a milk transportation tank.

(5) A bulk milk grader must completely empty the bulk milk tank every time

any milk is removed, other than for samples, and the bulk milk grader must

ensure that the tank is immediately rinsed.

(6) A bulk milk grader must deliver samples of milk taken under this

section to a processor who must deliver

(

a) a sample to an approved laboratory at least 4 times a month in

accordance with the timetable of the approved laboratory, and

(

b) any additional sample requested by an inspector or analyst.

Milk Transport Vehicles

Milk transport vehicles required

41 Milk transport vehicles may be used only for the transportation of

milk, farm-separated cream or potable water unless otherwise authorized by

the Director.

Tank standards

42(1) The owner of a milk transport vehicle must ensure that the milk

transportation tank and related equipment conform to 3-A Standards and this

section.

(2) On a milk transport vehicle, the inner wall of the milk transportation

tank and any equipment that comes into contact with milk, and any container

used for the transportation of farm-separated cream, must be

(

a) constructed of non-corrosive material, and manufactured in such

a manner as not to affect milk or farm-separated cream,

(

b) smooth and free of cavities and loose particles, and

(

c) non-toxic and resistant to damage from cleansers and

sanitizers.

(3) The milk transportation tank of a milk transport vehicle must be

(

a) insulated so that the temperature of the milk cannot rise more

than 2øC in 24 hours, and

(

b) equipped with a sufficient number of spray balls to allow for

proper cleaning.

(4) The milk transportation tank and related equipment of the milk

transport vehicle must be cleaned and sanitized at least once a day in a

manner that prevents contamination of the milk.

(5) If more than one shipment is collected in one day in a milk transport

vehicle, the pump, hoses and fittings of the milk transport vehicle must be

washed between shipments.

(6) The outer wall of the milk transportation tank of a milk transport

vehicle must be constructed of hard, smooth, non-corrosive, washable,

waterproof material.

(7) A milk transport vehicle must be equipped with a compartment to store

the hose, pump and any other equipment used in the transfer of milk to

protect them from any source of contamination.

PART 3

SAMPLES, TESTING, STANDARDS AND GRADES

Milk and Cream Quality Standards

Milk, cream standards

43 If a producer's milk or farm-separated cream does not meet the

requirements of

Schedule 2, the milk may be rejected or down-graded in

accordance with this Regulation.

Saleable milk

44(1) No person shall sell milk for human consumption that

(

a) comes from an animal 15 days before and 3 days after

parturition, or any longer periods that are necessary to ensure that the

milk is free of colostrum,

(

b) contains blood, coagulation or other foreign particles,

(

c) has odours that adversely affect its organoleptic

characteristics, or

(

d) is contaminated.

(2) Raw milk, farm-separated cream or a product produced from raw milk or

farm-separated cream may be sold only to a dairy plant.

(3) Subsection (2) does not apply to cheese that has been manufactured in

compliance with the Food and Drugs Act (Canada).

Samples

45 A processor must provide samples of milk for testing as required by

the Act, this Regulation, the Director, an inspector or an analyst at an

approved laboratory.

Testing

46(1) A sample of milk taken for testing must be taken in an aseptic

manner and be maintained at a temperature between 1øC and 4øC.

(2) The methods used to analyse milk and farm-separated cream to determine

compliance with this Regulation must be those recognized by Health Canada,

the International Dairy Federation or the National Liaison Group on Milk

Product Quality or those methods described in the most recent Standard

Methods for the Examination of Dairy Products published by the American

Public Health Association or the Official Methods of Analysis published by

the Association of Official Analytical Chemists, as amended or replaced

from time to time.

(3) Except as is otherwise provided by this Regulation,

(

a) an analyst who tests a dairy product by chemical, physical or

microbiological analysis must conduct the test in accordance with the

standard methods at an approved laboratory and report the results in

accordance with the standard methods to the persons required by this

Regulation or the Director, and

(

b) a person who takes, identifies or transports samples for the

purpose of an analysis referred to in clause (

a) must do so in accordance

with the standard methods.

Milk Grading

Grade tests

47(1) The grade of a producer's milk that is received by a processor must

be determined monthly by testing by an analyst in an approved laboratory.

(2) For the purposes of this section, milk is received when it is

transferred from a bulk milk tank to a milk transport vehicle.

Grading

48(1) For the purpose of determining the grade of a producer's milk, an

infraction has occurred each time that a producer's milk

(

a) does not meet the requirements of

Schedule 2 for bacteria

count, drug residues or freezing point, or

(

b) does not meet the requirements of

Schedule 2 for somatic cell

count during the current month, if the milk exceeded the somatic cell count

requirement in each of the 2 preceding months and no infraction of that

requirement was deemed to have occurred in either of the 2 preceding

months.

(2) A producer's raw milk must be graded with respect to a particular

month as

(

a) Grade 1 if there is no infraction during that month,

(

b) Grade 2 if there is one infraction with respect to bacteria

count, freezing point or somatic cell count during the month but there were

no infractions in the preceding 365 days,

(

c) Grade 3 if

(

i) there is one infraction with respect to drug

residues during the current month but there were no infractions in the

preceding 365 days, or

(ii) there were 2 infractions in the preceding 365 days

and at least one of the infractions occurred during the current month,

(

d) Grade 4 if there were 3 infractions in the 365-day period and

at least one of the infractions occurred during the current month,

(

e) Grade 5 if there were 4 infractions in the 365-day period and

at least one of the infractions occurred during the current month, or

(

f) Grade 6 if there were 5 or more infractions in the 365-day

period and at least one of the infractions occurred during the current

month.

Grade adjustments

49(1) The gross producer returns must be adjusted by the processor for the

month in which an infraction under

section 48 occurs according to the

following grade schedule:

(

a) Grade 1 - 100% of the gross producer returns;

(

b) Grade 2 - 100% of the gross producer returns with a warning

letter;

(

c) Grade 3 - 95% of the gross producer returns;

(

d) Grade 4 - 92.5% of the gross producer returns;

(

e) Grade 5 - 90% of the gross producer returns;

(

f) Grade 6 - 85% of the gross producer returns.

(2) If a producer is subject to a grade price adjustment under subsection

(1), the processor to whom the producer delivers milk must deduct the

appropriate adjustment fees from the gross producer returns and pay the

amount deducted to the Dairy Board on or before the 15th day after the end

of the month in which the infraction occurred.

Drug residue ramifications

50(1) A processor that uses any shipment of milk from a producer that is

found, when tested in accordance with this Regulation, to contain a drug

residue must pay to the Dairy Board the gross producer return in respect of

that shipment that is withheld from the producer under the Dairy Board

Regulation (AR 207/96) on or before the 15th day after the end of the month

in which the shipment was received.

(2) If a shipment of milk is rejected by a processor because of a positive

drug residue test conducted in accordance with this Regulation on a sample

taken from the shipment at the dairy plant, the processor must ensure that

the gross producer returns of the producers whose milk in the shipment

yielded negative drug residue tests are not adjusted because of the

positive drug residue test results for the shipment and, subject to

subsection (3), the Dairy Board must reimburse the processor for those

payments from the grade price adjustment fees received by the Dairy Board

under

section 49(2).

(3) Notwithstanding subsection (2), if none of the producer samples in a

shipment of milk rejected under subsection (2) test positive in a drug

residue test conducted in accordance with this Regulation, the Dairy Board

is not liable to reimburse the processor for payments made by the plant

under subsection (2) in respect of the milk.

(4) A processor shall not pay a producer in respect of milk that does not

meet the requirements of

Schedule 2 with respect to drug residues.

(5) If a test of a producer's milk indicates the milk does not meet the

requirements of

Schedule 2 with respect to drug residues,

(

a) the producer shall not sell, supply or offer for sale milk to

be used or processed for human consumption, and

(

b) a processor shall not accept milk from the producer

until the milk meets the requirements of

Schedule 2 with respect to drug

residues.

(6) If a producer's milk is found by analysis at a dairy plant to not meet

the requirements of

Schedule 2 with respect to drug residues, the processor

at that dairy plant must ensure that the sample is submitted to an approved

laboratory for confirmation of the results.

(7) If a shipment of milk is found by analysis at a dairy plant to not

meet the requirements of

Schedule 2 with respect to drug residues and is

rejected for that reason, the processor at that dairy plant must ensure

that the shipment sample is submitted to an approved laboratory for

confirmation of the results.

(8) The Director may specify the tests that may be used for confirmation

of the results with respect to drug residues to determine compliance with

Schedule 2.

Bacteria ramifications

51(1) If a producer's milk tested in accordance with this Regulation is

found to contain in excess of 1 000 000 bacteria per millilitre,

(

a) the producer shall not sell, supply or offer for sale milk to

be used or processed for human consumption, and

(

b) a processor shall not accept milk from the producer,

until authorized to do so by an inspector.

(2) A processor may reject milk that arrives at the dairy plant at a

temperature higher than 6øC.

Freezing point ramifications

52 If a producer's milk is found to have a freezing point of -0.514ø

Hortvet or higher, the producer shall not sell, supply or offer for sale

milk to be used or processed for human consumption until a sample testing

-0.530ø Hortvet or lower is obtained or the producer is authorized to do so

by an inspector.

Cleanliness ramifications

53(1) If an inspector finds that a producer's milking or milk handling

equipment is contaminated or that the producer's premises are unclean, the

inspector may notify the producer in writing of that finding and, on

receiving a notification, the producer may not supply milk to a dairy plant

or to any other person for human consumption until the producer eliminates

the contaminated or unclean condition to the satisfaction of the inspector.

(2) A processor shall not accept milk from a producer if the processor

knows or ought to know that the producer has received a notification under

subsection (1).

Testing milk

54 An approved laboratory must use the standard methods when conducting

tests for the purposes of the Act and this Regulation.

PART 4

PROCESSING

Processor duties

55 A processor must ensure that this

Part is complied with and must

maintain and operate all parts of a dairy plant, including the equipment,

in a safe and sanitary manner and ensure that the dairy plant meets the

requirements of the Act, this Regulation and the Dairy Board Act.

Construction, Layout and Operation

of Dairy Plants

Plant land

56 The land occupied by a dairy plant must meet the following

requirements:

(

a) the access routes and traffic areas must be constructed with a

dense material, to eliminate dust and mud;

(

b) the land surrounding the dairy plant must be free of waste and

refuse and of any other source that could contaminate dairy products

produced at the dairy plant.

Plant standards

57 The dairy plant must meet the following requirements:

(

a) the floors must be

(

i) made of a hard, washable and waterproof material,

and be rounded at the intersections with the walls in order to prevent any

accumulation of water or dirt,

(ii) free of indentations, cracks and crevices,

(iii) inclined toward the drains so as to prevent the

accumulation of liquids, and

(iv) provided with a wastewater drainage system that

includes devices for preventing the contamination of the facilities by

pests and odours;

(

b) the walls and ceilings must be

(

i) covered with a hard, smooth, washable and

waterproof material, and

(ii) free of indentations, pitting, cracks and flaking;

(

c) doors, windows and any other openings to the exterior must be

kept closed or have screens or other devices to prevent pests from entering

the dairy plant.

Dairy plant water system

58(1) The dairy plant must have hot and cold pressurized running water and

soap for the washing of hands, with equipment for drying and disinfecting

hands.

(2) The dairy plant must have hot and cold running potable water under

pressure, with pipes and nozzles installed and arranged in a way that

facilitates the cleaning of the facilities and equipment.

(3) The dairy plant must have a drainage system for wastewater that

separates the floor wastewater from the sewage wastewater until the

wastewater leaves the dairy plant, and includes an inspection hole, flush

mechanisms, drainage siphons, protection grids and a solid matter

interceptor.

(4) The drainage system for a dairy plant's washing water must be separate

from the sanitary drains for the toilets, urinals and sinks.

(5) The washroom facilities of a dairy plant must

(

a) have hot and cold running potable water under pressure, and

equipment for cleaning and drying hands, and

(

b) not lead directly into the dairy product handling areas.

Dairy plant lighting

59(1) The dairy plant must have a lighting system that facilitates the

performance of dairy product handling operations and cleaning and

sanitizing operations.

(2) The lighting system in a dairy plant must be equipped with mechanisms

to avoid the contamination of dairy products in the event of breakage of

any elements of the lighting system.

Ventilation

60 The dairy plant must be equipped with a ventilation system that will

vent condensation, vapours and odours to the exterior of the dairy plant.

Refrigeration

61 Refrigerated rooms for the storage of dairy products in a dairy plant

must

(

a) be kept in a clean and sanitary condition,

(

b) be operated at a temperature required by this Regulation for

the dairy products stored in them, and

(

c) not be used for the storage of materials that may have a

deleterious effect on the quality of the dairy products stored in them.

Contamination prevention

62(1) Supplies used in the processing, packing, storing, transporting or

marketing of dairy products must be protected at all times from

contamination of any kind, and must be stored in a clean, dry room.

(2) Chemicals used or stored in a dairy plant must be clearly marked and

stored separately from dairy products and supplies to be used in processing

dairy products.

Thermal Processing

Pasteurization

63(1) Subject to subsection (3), a processor shall not sell dairy products

unless they have been pasteurized in accordance with

Schedule 1.

(2) A dairy product that has been treated by UHT and aseptically packaged

and a dairy product that has been sterilized in the container must be

commercially sterile.

(3) Subsection (1) does not apply to cheese that has been manufactured in

compliance with the Food and Drugs Act (Canada).

Pasteurization equipment

64(1) A processor must ensure that

(

a) all pasteurization equipment, including UHT processors, is

designed, constructed and operated to ensure the pasteurization of dairy

products;

(

b) all batch pasteurizers, HTST pasteurizers and UHT pasteurizers

meet the requirements set out in this section;

(

c) temperature recording charts are retained at the dairy plant

for not less than 12 months and contain the following information:

(

i) the name of the dairy plant;

(ii) the date that the pasteurization took place;

(iii) the pasteurizer or recorder number;

(iv) the temperature of pasteurization as shown by the

indicating thermometer at a reference point during the holding period;

(

v) the name and signature of the pasteurizer operator;

(vi) the dairy products processed;

(vii) whether the flow diversion valve position was in

forward flow or divert;

(viii) the cut-in and cut-out temperature recorded

daily by the operator at the beginning of the run;

(

d) HTST pasteurizers used in the dairy plant are designed so that

when in operation

(

i) the flow diversion valve does not operate in

forward flow unless the temperature of the dairy product being pasteurized

equals or exceeds that required for its proper pasteurization, and

(ii) the dairy product pressure in the pasteurized side

of the regenerator is at least 7 kPa greater than the product pressure in

the side of the regenerator containing the non-pasteurized dairy product.

(2) A processor must ensure that the HTST pasteurizer

(

a) is timed and sealed at least once every 12 months by a method

approved by the Director,

(

b) has the accuracy, described in subsection (4), of the

indicating and recording thermometers determined when the unit is timed,

(

c) is retimed forthwith after any repairs are made to it or the

capacity of it is altered, and

(

d) is sealed in a manner satisfactory to the Director.

(3) A processor must ensure that the recording thermometer on a

pasteurizer is checked daily with the indicating thermometer at the

pasteurization temperature and adjusted if necessary, so that the reading

of the recording thermometer is at no time higher than that shown by the

indicating thermometer.

(4) A processor must ensure that the thermometers are accurate throughout

the specified pasteurization temperature range, as set out in

Schedule 1,

(

a) within 0.5øC plus or minus for indicating thermometers, and

(

b) within 1.0øC plus or minus for recording thermometers.

(5) A processor must ensure that the recording thermometer shows no loss

or gain of recorded elapsed time as indicated by chart rotation over a

period of 30 minutes at pasteurization temperatures.

(6) A processor must ensure that

(

a) all batch pasteurizers are equipped with

(

i) indicating and recording thermometers,

(ii) valves of close coupled and leak protector type

with stops or equivalent valves when connected to other processing

equipment,

(iii) mechanical agitation that is continuously

maintained throughout the heating and holding operations, and

(iv) covers to prevent contamination;

(

b) during the holding operation, the airspace temperature in the

batch pasteurizers is at least 3øC above the minimum product pasteurization

temperature as set out in

Schedule 1;

(

c) all HTST pasteurizers are equipped with

(

i) a recording thermometer,

(ii) a constant level tank,

(iii) a regeneration section,

(iv) a flow control device,

(

v) a heating section,

(vi) a holding device,

(vii) a sensing chamber,

(viii) a safety thermal limit recorder,

(ix) an indicating thermometer,

(

x) a flow diversion device,

(xi) a pressure differential controller or pressure

switch if a booster pump is used,

(xii) a cooling section, where applicable,

(xiii) a vacuum breaker, and

(xiv) components that ensure that the pasteurized dairy

product in the regeneration

section will, at all times, be at a pressure

greater than the pressure of the unpasteurized dairy product in the same

regeneration section;

(

d) all UHT pasteurizers are equipped with

(

i) a constant level tank,

(ii) a regeneration section, where applicable,

(iii) a flow control device,

(iv) a heating section,

(

v) a holding section,

(vi) an indicating thermometer,

(vii) a temperature recording device,

(viii) a divert flow controller,

(ix) a divert flow indicator,

(

x) a cooling section, where applicable, and

(xi) a flow diversion device;

(

e) any auxiliary equipment is not installed or operated in

conjunction with an HTST pasteurizer so as to

(

i) reduce the holding time below the minimum

temperature required by this Regulation,

(ii) influence the required pressure relationships

within the generator, or

(iii) function as a flow promoting device, unless it is

interwired with the flow control device.

Required temperatures

65(1) Milk and farm-separated cream must be cooled to 4øC immediately

after pasteurization.

(2) In the case of batch pasteurization, the cooling referred to in

subsection (1) must be accomplished within one hour.

(3) All dairy products requiring refrigeration, including cheeses with a

moisture content of 36% or higher, must be kept at a temperature that is

not less than 1øC nor higher than 4øC.

(4) Frozen dairy products while in a dairy plant must be stored at a

temperature not exceeding -18øC.

(5) A processor must ensure that this

section is complied with and that

all temperature-indicating devices used in the pasteurization,

refrigeration or freezing facilities, or the storage of dairy products, are

accurate and maintained in working order.

Records

66 A processor must maintain a complete and accurate record of the

temperature used in pasteurization for each lot of pasteurized dairy

product for the greater of

(

a) one year, and

(

b) the expiry date marked on the dairy product label.

Washing, sanitizing

67 A processor must ensure that

(

a) facilities for washing and sanitizing the pumps, hoses and

fittings of milk transportation tanks, including a concrete pad of adequate

size, are provided in the milk receiving area of the dairy plant, and

(

b) facilities or other arrangements satisfactory to an inspector

for washing and sanitizing the milk transportation tanks are provided.

Employees and Visitors

Employees

68 A processor must ensure that all workers who work at the dairy plant

are trained and competent to carry out their assigned duties or functions

and hold appropriate licences, if any, from the Director authorizing them

to carry out those functions in a dairy plant.

Hygiene standards

69(1) Entry to the processing, manufacturing, reprocessing, packing and

repacking areas of a dairy plant must be restricted to personnel authorized

by the processor.

(2) A processor must follow sanitary practices and require all workers in

the dairy plant and visitors to the dairy plant to comply with those

practices in order to ensure the sanitary processing of dairy products.

(3) The dairy plant and its material and equipment must be kept clean.

(4) The workers at a dairy plant must

(

a) wear work apparel that shows dirt easily, and that has no

pockets or buttons above the waist,

(

b) wear a head covering or a hairnet and beard-cover in order to

completely cover the hair while working in the dairy plant,

(

c) change clothing before moving from a high potential

cross-contamination area to a lower potential area,

(

d) ensure that watches and jewellery are not worn within the dairy

product handling areas, and

(

e) be properly trained for the duties being performed.

(5) Tobacco may not be used and food and drink may not be consumed within

(

a) the dairy product handling areas,

(

b) the dairy product equipment cleaning facilities area, or

(

c) the areas for the storage of dairy products and supplies to be

used in processing dairy products

of a dairy plant.

(6) Dairy products may be handled in a dairy plant only by

(

a) a person who does not have a communicable disease at an

infectious stage, or who does not have an infected sore or wound,

(

b) a person who is not a carrier of pathogens that could

contaminate dairy products, and

(

c) a person who, if that person has an open sore, is wearing a

waterproof protection on the wound that prevents contamination of the dairy

products and of ingredients or surfaces with which the dairy products come

into contact.

(7) A processor must ensure that there is an effective pest control

program that prevents the entry of pests into and eliminates pests from the

dairy plant.

(8) Waste, garbage and refuse of any kind in a dairy plant must be

deposited in impermeable containers that

(

a) are made of a material that is washable and unaffected by

disinfectants,

(

b) have tight-fitting covers that will not detach when opened, and

(

c) are properly identified and kept clean.

(9) Waste containers must be taken to the main waste area or compartment

at the end of the daily operations or if they become full during the course

of daily operations.

(10) Waste must be managed so that the dairy products handling facilities

and equipment are not contaminated, and there is no risk of contamination

of the potable water supply.

Diseased people

70 A processor shall not permit any person who has a disease that is

transmittable through dairy products to enter areas where dairy products

are processed in the dairy plant.

Dairy Plant Operations

Allowable milk

71(1) All raw milk delivered to a dairy plant must

(

a) meet the drug residue requirements of

Schedule 2,

(

b) have been produced on a dairy farm by a licensed producer, and

(

c) have been transported in a milk transport vehicle that meets

the requirements of this Regulation.

(2) A processor must ensure that samples are taken from each milk

transport vehicle when milk is delivered to a dairy plant, and the

processor must test the samples for drug residue in accordance with this

Regulation.

(3) The processor of the milk tested for drug residues under subsection

(2) is responsible for the cost of the tests.

Storage

72 A processor must ensure that all dairy products at the dairy plant are

stored so that they are protected from being contaminated or rendered unfit

for human consumption.

Non-milk ingredients

73(1) A processor must ensure that all non-milk ingredients and supplies

used in the processing of dairy products

(

a) conform to the requirements of the Food and Drugs Act (Canada),

and

(

b) are protected from contamination.

(2) All raw materials and ingredients for use in processing dairy products

must be intended for human consumption and, before they are used, they must

be stored so as not to be contaminated.

(3) Containers of raw materials and ingredients must be labelled to

identify the raw materials and ingredients they contain.

Equipment requirements

74 A processor must ensure that all equipment used in a dairy plant is

(

a) designed, constructed, installed and operated in accordance

with the requirements of this Regulation, and

(

b) cleaned after use and sanitized before being reused.

Operation requirements

75(1) A processor must ensure that all equipment used in the processing of

dairy products is designed, constructed, installed and operated to ensure

that there is no contamination of pasteurized dairy products by any other

product.

(2) The surfaces of the materials and equipment that come into contact

with dairy products must be

(

a) made of non-corrosive material,

(

b) smooth and have no crevices or loose parts,

(

c) non-toxic and of a type suitable for cleaning and disinfecting

operations,

(

d) unaffected by the dairy products, and be constructed so that

they do not alter the characteristics of the dairy products, and

(

e) free of components or residue that may contaminate dairy

products.

(3) Steam introduced directly into dairy products or that comes into

direct contact with the surfaces of dairy product processing equipment must

be from potable water and be free of harmful substances.

(4) The materials and equipment that come into contact with dairy products

must be cleaned at the end of the dairy plant's daily operations, and must

be sanitized immediately before use and every time they are contaminated.

(5) Despite subsection (4), if a dairy plant operates 24 hours a day, the

materials and equipment that come into contact with dairy products must be

cleaned and sanitized in a manner satisfactory to the Canadian Food

Inspection Agency.

(6) Non-metallic materials must be used when hand cleaning equipment and

utensils.

(7) The equipment and utensils constructed by assembly other than by

welding must be removable, and each of the components of the equipment and

utensils must be accessible so as to allow cleaning, sanitizing and

inspection.

Hazardous agents

76(1) All cleaning agents, disinfectants, insecticides, pesticides and

other methods of fighting pests must conform to the requirements of the

Canadian Food Inspection Agency and applicable provincial enactments.

(2) Subject to subsection (3), all cleaning agents, disinfectants,

insecticides, pesticides and other products used to fight pests must be

stored in an enclosed area or compartment outside the dairy products

handling areas and the containers for these products must be labelled to

identify what they contain.

(3) If, as part of the dairy product processing, it is necessary to make

constant use of a cleaning agent, disinfectant, insecticide or pesticide,

then the containers for them must be identified as being for daily use and

may be stored in an enclosed compartment located inside the dairy products

handling areas.

Product identification

77 A processor must establish and implement written procedures so that

any lot of a dairy product can be identified and traced from the dairy

plant where the milk was processed to where the dairy product is sold at

the retail level.

Sampling, Testing and Standards

of Dairy Products

Bacterial standards

78 Dairy products may not contain pathogens or microbial toxins except as

provided for in

Schedule 3.

Pasteurized milk standard

79 Pasteurized fluid milk products

(

a) must meet the freezing point and drug residue requirements of

Schedule 2, and

(

b) must have a negative milk phosphatase level as determined by a

method described in the standard methods.

PART 5

WRITTEN NOTICE

Giving notice

80 If a written notice is required to be given under the Act, the notice

is sufficiently given if

(

a) it is left with a person apparently over the age of 18 years at

the dwelling or milk house or dairy plant of the person who is intended to

be served,

(

b) it is posted in a conspicuous place in the milk house or on the

bulk milk tank of the person who is intended to be served,

(

c) it is sent by telecopier to the fax number, last known to the

Director, of the person intended to be served

(

i) if the person gave that fax number to the Director

for the purpose of receiving written notices under the Act, and

(ii) if the person sending the notice receives

notification that the notice was sent to the fax number, or

(

d) it is sent by e-mail to the e-mail address, last known to the

Director, of the person intended to be served

(

i) if the person gave that e-mail address to the

Director for the purpose of receiving written notices under the Act, and

(ii) if the person sending the notice gets confirmation

that the notice was sent to the e-mail address.

PART 6

REPEALS, EXPIRY AND COMING INTO FORCE

Repeals

81 The Dairy Industry Regulation (AR 131/88) and the Licence and Service

Fee Regulation (AR 221/91) are repealed.

Expiry

82 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 July 31, 2004.

Coming into force

83 This Regulation comes into force on August 1, 1999.

SCHEDULE 1

MINIMUM THERMAL PROCESSING PARAMETERS

FOR BATCH AND HTST PASTEURIZERS

Product

Pasteurization Type

Time

Temperature

Milk Based Products - below 10% MF

Batch/Vat

30 min.

63øC

Milk Based Products - below 10% MF

HTST

sec.

72øC

Milk Based Products - 10% MF or higher, or added sugar (fluid cream,

chocolate milk, flavoured milk)

Batch/Vat

30 min.

66øC

Milk Based Products - 10% MF or higher, or added sugar (fluid cream,

chocolate milk, flavoured milk)

HTST

sec.

75øC

Frozen Dairy Product Mixes, Egg Nog

Batch/Vat

30 min.

69øC

Frozen Dairy Product Mixes, Egg Nog

HTST

sec.

sec.

80øC

83øC

SCHEDULE 2

STANDARDS FOR

RAW MILK AND FARM-SEPARATED CREAM

PRODUCT

PARAMETER

STANDARD

Raw milk

Temperature

1øC to 4øC for milk contained in the bulk milk tank (in accordance with

section 26)

Total living mesophyllic aerobic bacteria count

Producer: maximum 50 000 total living mesophyllic aerobic bacteria per ml

Somatic cells

Cow's milk: maximum 500 000 somatic cells per ml

Goat's milk: maximum 1 500 000 somatic cells per ml

Drug residues

Drug residues as determined by tests approved by the National Liaison Group

on Milk Quality must meet the requirements of the Maximum Residue Levels

prescribed by the Food and Drugs Act (Canada)

Freezing point

Maximum: -0.530ø H for cow's milk

Farm-separated cream

Acidity

Unacceptable if greater than 0.6% lactic acid.

Drug residues

Drug residues as determined by tests approved by the National Liaison Group

on Milk Quality must meet the requirements of the Maximum Residue Levels

prescribed by the Food and Drugs Act (Canada)

Frequency of testing

Every pickup

SCHEDULE 3

BACTERIA STANDARDS FOR DAIRY PRODUCTS *

Product

Bacteria

Cheese (pasteurized milk)

Staphylococcus aureus

Escherichia coli

10 000 (/g)

1000 (/g)

Cheese (unpasteurized milk)

Staphylococcus aureus

Escherichia coli

10 000 (/g)

1000 (/g)

Cheese (pasteurized) without ripening, including fresh cheeses, lactic curd

with a minimum of 50% moisture

Coliform

100 (/g)

Fermented dairy products (eg. Buttermilk, yogurt, sour cream)

Coliform

100 (/g or ml)

Pasteurized milk, cream and other non-fermented dairy products

Mesophyllic aerobic bacteria (32ø

C) Coliform

10 000

25 000 (/ml)

10 (/g)

Frozen dairy products

Mesophyllic aerobic bacteria (32ø

C) Coliform **

10 000

50 000 (/ml)

100 (/ml)

Butter

Mesophyllic aerobic bacteria (32ø

C) Coliform

10 000

50 000 (/g)

100 (/g)

Milk powders and other dairy product powders

Mesophyllic aerobic bacteria (32ø

C) Coliform

10 000

50 000 (/g)

100 (/g)

Evaporated, sweetened and condensed milk

Staphylococcus aureus

Escherichia coli

must be comm-ercially sterile

must be com-mercially sterile

n = number of sample units (subsamples) to be examined per lot ***

c = maximum number of sample units (subsamples) per lot that may have a

bacterial concentration higher than the value for "m" without contravening

this Regulation

m = maximum number of bacteria per g or ml of product that is of no

concern (acceptable level of contamination)

M = maximum number of bacteria per g or ml of product, that if exceeded

by any one sample unit (subsample) renders the lot in violation of this

Regulation

* The bacterial standards are to be met at the dairy plant.

** Does not apply to frozen yogurt or other frozen fermented dairy

products.

*** This sampling plan is an obligation of the regulators. Processors may

have their own sampling plan.

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

Alberta Regulation 140/99

Municipal Government Act

LAC STE. ANNE REGIONAL WASTE MANAGEMENT SERVICES

COMMISSION AMENDMENT REGULATION

Filed: June 23, 1999

Made by the Lieutenant Governor in Council (O.C. 269/99) pursuant to

section 602.02 of the Municipal Government Act.

1 The Lac Ste. Anne Regional Waste Management Services Commission

Regulation (AR 32/94) is amended by this Regulation.

2 The title of the Regulation is repealed and the following is

substituted:

HIGHWAY 43 EAST WASTE

COMMISSION REGULATION

3 The following is added after

section 1:

Change of name

1.1(1) The name of the Commission is changed to the Highway 43 East

Waste Commission.

(2) The change of name does not affect any obligation, right, action

or property of the Commission.

(3) The use of the old name of the Commission in any proceedings,

agreements, notices or documents after the name has been changed does not

affect the validity of those proceedings, agreements, notices or

documents.

Alberta Regulation 141/99

Dangerous Goods Transportation and Handling Act

TRANSPORTATION OF DANGEROUS GOODS

CONTROL AMENDMENT REGULATION

Filed: June 23, 1999

Made by the Lieutenant Governor in Council (O.C. 270/99) pursuant to

section 31 of the Dangerous Goods Transportation and Handling Act.

1 The Transportation of Dangerous Goods Control Regulation (AR 157/97) is

amended by this Regulation.

2 The title of the Regulation is repealed and the following is

substituted:

DANGEROUS GOODS TRANSPORTATION

AND HANDLING REGULATION

3 In this Regulation, "Federal Regulations" has the same meaning as in

the principal regulation being amended.

Section 3 is repealed.

Section 4, as it deems a subsection (7) to be included in the Federal

Regulations, is amended by adding ", so long as

section 7.33.1.5 applies to

them" after "section 7.33.1.5(1)".

Section 5, as it deems

section 7.33.1.5 to be included in the Federal

Regulations, is amended

(

a) in respect of

section 7.33.1.5(2) by adding the following after

clause (a):

(a.1) the old large container

(

i) is only used for the handling, offering

for transport or transporting of dangerous goods in a class other than

those included in Class 8, (Corrosive liquids), or

(ii) is a vacuum tank,

(

b) by adding the following after

section 7.33.1.5(3):

(4) This

section ceases to have any force

(

a) subject to clause (c), as respects an old large

container manufactured before July 1, 1990, at the end of June 30, 2005,

(

b) subject to clause (c), as respects an old large

container manufactured after June 30, 1990, 15 years after the end of the

day of its manufacture, and

(

c) as respects an old large container being tested or

inspected pursuant to

section 7.33.1.5(2)(

b) as an old large container for

the first time, at the end of 1999,

or at such earlier date as the old large container in question

complies with

section 7.33.1.

Section 6 is amended

(

a) by repealing clause (a);

(

b) in clause (

b) by striking out "12(1)" and substituting "18".

Section 24 is amended

(

a) in clause (

b) by striking out "6(3)" and substituting "10(1)";

(

b) by repealing clause (c).

Section 25 is repealed.

10 This Regulation comes into force on June 30, 1999.

Alberta Regulation 142/99

Highway Traffic Act

BUS SAFETY AMENDMENT REGULATION

Filed: June 23, 1999

Made by the Lieutenant Governor in Council (O.C. 271/99) pursuant to

sections 7, 8 and 12 of the Highway Traffic Act.

1 The Bus Safety Regulation (AR 235/82) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

b) and substituting the following:

(b) "bus" means a Type A, Type B, Type C or Type D

school bus as described in the CSA Std;

(

b) in clause (

d) by striking out "D250-M1985" and substituting

"D250-98 "School Buses"".

3 The following is added after

section 23:

PART 4

ADDITIONAL REQUIREMENTS FOR HANDI-BUSES

23.1(1) In this Part and in Schedules 5 and 6,

(a) "anchor point" means a point or area on a handi-bus

to which anchorage is attached;

(b) "anchorage" means the means of attachment for the

purpose of transferring forces between a mobility aid and a handi-bus

through a MASOR system;

(c) "automatic occupant protection system" means a

protective restraining system for an occupant of a vehicle that does not

require any deliberate action on the part of the occupant to be activated

when the occupant enters, occupies or leaves the vehicle;

(d) "belt" means a length of energy-absorbing webbing

material used as part of an occupant restraint system;

(e) "CMVSS" means Canadian Motor Vehicle Safety

Standard;

(f) "CSA" means Canadian Standards Association;

(g) "forward-facing" means facing the front of the

handi-bus with the mobility aid reference plane within 10ø of the

longitudinal axis of the vehicle;

(h) "handi-bus" means a Type A, Type B, Type C or Type

D school bus as described in the CSA Std that is used primarily for the

purpose of providing transportation for compensation for persons with

physical disabilities, but does not include

(

i) a livery within the meaning of the

Motor Transport Act,

(ii) a school bus within the meaning of the

School Bus Operation Regulation (AR 437/86), or

(iii) a transit bus owned and operated by a

municipality when the transit bus is being operated within the boundaries

of that municipality;

(i) "mobility aid" means a device used to facilitate

the transport, in a normal seated orientation, of a person with a physical

disability, and includes

(

i) a manual or powered wheelchair, and

(ii) a scooter;

(j) "mobility aid occupant" means an occupant of a

handi-bus who uses a mobility aid;

(k) "mobility aid securement and occupant restraint

system" or "MASOR system" means a device or system intended

(

i) to secure a mobility aid in a

handi-bus, and

(ii) to restrain an occupant seated in a

mobility aid during a frontal vehicle impact;

(l) "occupant restraint" means a device or system

intended to restrain the occupant seated in a mobility aid during a frontal

vehicle impact, and includes

(

i) a lap belt for restraining movement of

the pelvis (referred to as a Type 1 occupant restraint),

(ii) a combination pelvis and upper torso

restraint (referred to as a Type 2 occupant restraint), and

(iii) an upper torso restraint for use only

in conjunction with a pelvis restraint to form a Type 2 occupant restraint

(referred to as a Type 2A occupant restraint);

(m) "postural support belt" means a length of webbing

material used to control either the upper or lower torso of a mobility aid

occupant, but not to restrain the occupant during a frontal vehicle impact;

(n) "seat belt assembly" means any strap, webbing or

similar device designated to secure a person in a handi-bus in order to

mitigate the results of an accident, and includes

(

i) all necessary buckles and other

fasteners and all hardware, and

(ii) a belt assembly that is part of an

automatic occupant protection system;

(o) "securement point" means a load bearing strong

point on a mobility aid intended for use with a MASOR system;

(p) "webbing" means a narrow fabric woven with

continuous filling yarns that has finished edges.

(2) For the purposes of subsection (1)(h), transportation shall be

considered to be provided for compensation if a charge is imposed directly

for the provision of the transportation.

23.2 The requirements of this Part and Schedules 5 and 6 in respect

of handi-buses are in addition to any other provisions of this Regulation

that apply to handi-buses as buses.

23.3 The owner of a handi-bus shall keep and maintain the handi-bus

and all its equipment in a condition of conformity with the standards and

specifications prescribed in Schedules 5 and 6.

23.4 The owner of a handi-bus shall ensure that it is inspected and

tested semi-annually at an inspection station by an inspection mechanic to

determine whether the handi-bus meets the standards set out in

Schedule 6.

23.5 Sections 23.3 and 23.4 do not apply in respect of a handi-bus

that was purchased or first used as a handi-bus before September 1, 1999.

23.6(1) Sections 14 to 23 apply, with necessary modifications, in

respect of the inspection, testing and operation of handi-buses for the

purposes of this Part.

(2) Inspections and testing for the purposes of this Part may be

carried out at the same time as inspections and testing for the purposes of

Part 3 are carried out, and one inspection certificate and inspection decal

may be issued for the purposes of both Parts.

4 The following Schedules are added after

Schedule 4:

SCHEDULE 5

1 A handi-bus must be equipped with a webbed belt MASOR system for

each mobility aid occupant.

2(1) The securement system for a MASOR system

(

a) must consist of 2 belts on the front and 2 belts on

the back for attachment to the mobility aid securement points, and

(

b) must incorporate a means of adjustment to remove

slack from each mobility aid securement point.

(2) Securement for a mobility aid must be independent of the

occupant restraint.

(3) Components of a MASOR system must be constructed

(

a) to minimize the possibility of inadvertent release,

and

(

b) so that any parts, such as pins or fasteners, that

are required for proper operation are secured.

(4) Threaded fasteners of an occupant restraint must be provided

with a means of preventing them from vibrating loose.

(5) Mechanisms for the release of a mobility aid occupant from an

occupant restraint must be designed and used so that they do not require

engagement or disengagement of threaded fasteners.

(6) A MASOR system anchor point must be constructed to permit

installation at no more than 16 mm above the floor of the handi-bus.

(7) Devices provided to adjust a MASOR system to fit a mobility aid

or an occupant must be capable of being operated without the use of tools.

(8) The hardware components of a MASOR system that attach to the

mobility aid must be designed and used so that they will not disengage from

the securement point if any portion of the system goes slack.

(9) The hardware components of a MASOR system must be installed in a

manner that does not involve

(

a) removal of material from the mobility aid frame by

means such as cutting or drilling,

(

b) deformation of the mobility aid, or

(

c) the use of an adhesive process.

(10) Hardware components of a MASOR system that, under normal use,

make contact with a mobility aid occupant or are handled by an attendant

must be constructed without burrs or sharp edges.

(11) The surface of each securement end fitting must be smooth, and

corners and edges must be free of burrs and sharp edges.

(12) The webbing that forms part of an adjustment mechanism must

have a grip that is at least 25 mm long when the adjustment mechanism is

fully opened.

(13) No part of a MASOR system may be attached to any part of an

emergency exit.

3 Batteries used to power a mobility aid must be securely attached

to the mobility aid.

4(1) The floor space for each mobility aid must be adequate for the

MASOR system being used.

(2) A handi-bus must be equipped so that, except for MASOR system

components, there is no part of the fixed vehicle structure within the

clear zone shown in

(

a) Figure 1 of this Schedule, where a Type 2 occupant

restraint is used, or

(

b) Figure 2 of this Schedule, where a Type 1 occupant

restraint is used.

(3) Each anchor point for the MASOR system must be designed to be

capable of withstanding a forward and rearward static loading of 1600 kg.

(4) A Type 2 occupant restraint must meet the requirements of CSA

Standard Z605 Mobility Aid Securement and Occupant Restraint (MASOR)

Systems for Motor Vehicles.

(5) A Type 2 occupant restraint must be provided at each outboard

mobility aid position.

(6) A Type 1 or Type 2 occupant restraint must be provided at each

inboard mobility aid position.

(7) Where a Type 2A occupant restraint is used on a mobility aid,

the MASOR system must

(

a) pass over either the left or right shoulder of the

mobility aid occupant, or

(

b) be marked to indicate the intended orientation with

respect to the right or left shoulder of the mobility aid occupant if the

shoulder restraint is designed for only one shoulder.

(8) All seat belt assembly components must meet the requirements of

CMVSS 209 Seat Belt Assemblies.

(9) Anchor points for the MASOR system must meet the strength

requirements of CMVSS 210 Seat Belt Assembly Anchorages, and the upper

torso anchor point must be located within the zone shown in Figure 3 of

this Schedule.

(10) If the mobility aid securement system and the occupant

restraint system share a common anchor point, the systems must meet the

strength requirements of CMVSS 210 Seat Belt Assembly Anchorages.

5(1) The lift in a handi-bus must be secured to the bus in

accordance with the lift manufacturer's instructions.

(2) A lift must be capable of functioning in an ambient temperature

of between -40øC and +40øC.

(3) A lift must be designed to have a minimum lifting capacity of

2765 kg.

(4) A powered closing lift platform must be designed so that it will

not fold when there is a weight of 35 kg or more on the centre of the

platform.

6(1) A service ramp must be designed for a load of at least 340 kg

distributed evenly over a length of 1100 mm and the full width of the ramp

half-way up the ramp.

(2) The ramp must be capable of functioning in an ambient

temperature of between -40øC and +40øC.

7 The wheel housing of a handi-bus must

(

a) be constructed to allow for tire removal and

servicing,

(

b) be constructed of sheet metal with a minimum

thickness of 1.5 mm, or of other material of equivalent strength, and

(

c) be attached to floor sheets in a manner that

provides a seal against water, dust and fumes.

8 The padding on stanchions, guard rails, exposed stationary parts

of lifts and ramps and grabbers and handles (other than those at an

entrance to the handi-bus) must consist of the following or other material

that offers equivalent protection:

(

a) a closed-cell urethane foam, rubber or vinyl type

material that is at least 5 mm thick;

(

b) extruded polyvinyl chloride tubing having a minimum

nominal thickness of 13 mm.

9 The heating system of a handi-bus must be capable of maintaining

the air temperature in the bus at at least 16øC, measured at a point

between 400 mm and 450 mm above floor level at the centre of the bus with

all doors and windows closed when

(

a) the engine of the bus is idling,

(

b) the ambient air velocity is 5 km/h, and

(

c) the outside temperature is -18øC.

10 A handi-bus must meet the requirements of CMVSS 220 Rollover

Protection.

11 The ceiling and walls of a handi-bus must be insulated to reduce

sound and vibration and to reduce heat transfer.

12 If an emergency exit is provided in the roof of a handi-bus, it

must comply with CMVSS 217.

Figure 1

Clear Zone Around a Mobility Aid Position

when an Upper Torso Restraint is Used

Side View Front View

Figure 2

Clear Zone Around a Mobility Aid Position

when an Upper Torso Restraint is Not Used

Side View Front View

Figure 3

Location of Anchor Points for an Upper Torso Restraint Belt

Side View Front View

R= Distance between the seating reference plane and upper anchor point

SCHEDULE 6

1 All chassis apparatus terminals on a handi-bus must be readily

accessible without dismantling or disassembling chassis components, so that

the combined body and chassis electrical system can be serviced.

2 The exhaust system of a handi-bus must be located so that exhaust

will be directed away from the body of the bus and from loading areas.

3(1) On a frame-type handi-bus, the chassis frame must extend to the

rear edge of the rear body cross member and the body must be attached to

the chassis frame in such a manner as to prevent shifting or separation of

the body from the chassis under severe operating conditions.

(2) The front bumper of a handi-bus must extend beyond the

forward-most part of the body and to the outer edge of the front body

panels to ensure fender and body protection.

(3) The rear bumper of a handi-bus must be attached directly to the

chassis frame in a manner that permits it to be removed.

(4) The body of a handi-bus must be equipped with windows on both

sides of the passenger compartment.

4 A handi-bus must be equipped with service entrances as follows:

(

a) there must be an ambulatory entrance door on the

right side of the bus, and where only one mobility aid entrance is

provided, it must not be on the left side of the bus;

(

b) the opening and closing device for the ambulatory

entrance door must be located so that it is under the control of the

driver;

(

c) if a hand lever is used to open and close the

ambulatory entrance door, it must be designed so that no parts may come

together in a way that might crush or shear fingers;

(

d) power operated ambulatory entrance doors must be

designed so they can be operated manually;

(

e) on a split-type door, if one

section opens inward

and the other opens outward, the door must be designed so that the front

section opens outward;

(

f) vertical closing edges of a split-type or

jack-knife type door must be equipped with flexible material to minimize

the possibility of injury to fingers;

(

g) a service door must be provided with a means of

securing it against unintended closing during loading or unloading of

passengers, and an ambulatory entrance door must be provided with a safety

latch on the door to prevent unintended closing if the door grab handles

are used;

(

h) where a service door opening is less than 1980 mm

in height, it must be padded at the top interior edge;

(

i) a service door must be provided with a drip

moulding above the door opening to direct water to either side of the

opening;

(

j) a mobility aid entrance must have the following

minimum dimensions, with lift installed:

(i) 812 mm in width;

(ii) 1400 mm in height.

5 Steps on a handi-bus must meet the following requirements:

(

a) the step covering material must be skid-resistant;

(

b) there must be a yellow or white stripe, which is in

contrast to the background, not less than 38 mm and not more than 75 mm

wide, on the leading edge of the horizontal surface of each step and on the

floor surface at the step entrance;

(

c) the dimensions of steps at the ambulatory entrance

door must be as follows:

(

i) the height of the first step must not

be higher than 380 mm from ground level;

(ii) the height of steps in the bus must not

exceed 230 mm;

(iii) the variation in the height of steps in

the bus must not exceed 25 mm;

(iv) the depth of each step (front to back)

must be at least 215 mm;

(

v) the width of each step (side to side)

must be at least 400 mm;

(

d) all steps must be of the same depth, except for

auxiliary steps;

(

e) step nosing at the floor level must be flush with

the floor.

6 If an emergency exit is provided in the roof of a handi-bus, it

must be designed so that it is operable from the exterior of the handi-bus.

7 A handi-bus must be equipped with

(

a) a light at the lift door that illuminates the lift

area and operates automatically when the lift door opens, and

(

b) a light above or beside each passenger access door

that illuminates the steps and operates automatically when the door opens.

8 Floor covering material must be skid-resistant.

9 All passenger seating and seats must comply with the following:

(

a) in the case of mobility aid seating, seats must be

forward or rearward facing;

(

b) in the case of ambulatory passenger seating:

(

i) the distance from the front of each

seat back to the back of the seat ahead, measured on a horizontal plane at

the centre of the seat cushion's surface, must be at least 685 mm;

(ii) the minimum rump width allowed for each

person must be at least 380 mm;

(iii) the height of the seat cushion above

the floor must be not less than 400 mm nor more than 480 mm;

(iv) the depth of the seat must be not less

than 380 mm nor more than 430 mm;

(

v) seat cushions must be level or sloped

downwards toward the seat back;

(vi) seat backs must be at least 380 mm

high;

(

c) in the case of all passenger seating,

(

i) where a passageway is required for

movement of a mobility aid, there must be a clear width of at least 760 mm

between fixed objects, and

(ii) for each seat designated for use by a

person with a physical disability, there must be at least a Type 1 occupant

restraint provided;

(

d) grab bars and handles must have a diameter of not

more than 75 mm;

(

e) the interior of the handi-bus must be free of all

non-essential projections that could cause injury, and there must be an

interior lining on the ceiling and walls of the handi-bus;

(

f) any of the following structures that could cause

injury to passengers in their seated position must be equipped with

non-rotating padding:

(

i) stanchions;

(ii) grab bars and handles, except those at

an entrance to the handi-bus;

(iii) guard rails;

(iv) exposed stationary parts of lifts and

ramps.

10 The location of emergency equipment must be clearly marked if it

is not visible.

11 A handi-bus must be equipped with seat belt cutters.

12(1) A lift platform must be at least 760 mm in width and 1115 mm

in length.

(2) The lift platform must meet the following requirements:

(

a) the platform must have a skid-resistant surface;

(

b) the sides of the platform must be fitted with

guards that are not less than 25 mm nor more than 50 mm in height and that

extend the full length on each side of the platform, and the outside of the

guards must be clearly marked with yellow or white reflective material,

which is in contrast to the background;

(

c) the platform must be equipped with a roll stop at

the outer edge, and the roll stop must be

(

i) approximately in the vertical position

when the platform is in the lifting and lowering mode,

(ii) a minimum of 100 mm in height in the

raised position,

(iii) clearly marked with yellow and black

reflective diagonal strips on the outside of the roll stop, and

(iv) designed so that it retracts when the

platform reaches the lower limit of travel;

(

d) where the platform extends outside the body of the

handi-bus, the platform must be equipped with a handrail on each side that

is not less than 635 mm nor more than 865 mm from the platform and remains

at a constant height while the platform is in operation;

(

e) where the platform extends outside the body of the

handi-bus, the platform must be equipped with a restraining device that is

positioned not less than 623 mm nor more than 865 mm above the platform

when the platform is in the operating position, to prevent the mobility aid

from rolling off the platform.

(3) Exposed moving parts of the lift, such as chains, sprockets and

gears, must be equipped with adequate guards.

(4) The lift controls must meet the following requirements:

(

a) there must be only one control and it must be

designed to prevent accidental operation of the lift, and must be stored in

a safe place when not being used by the operator;

(

b) the control must be in a location that permits the

operator to stand anywhere around the edge of the platform when operating

the lift;

(

c) the control must be designed to be operable using

one hand only, and must use continuous pressure operation;

(

d) the control must be equipped with an interlock

device designed to prevent operation of the lift if the restraining device

is not coupled, the parking brake is not engaged or the transmission gear

shift is not secured in the "park" position;

(

e) the control must be equipped with a manual override

device to enable the operator to raise and lower the platform, with or

without load, and return the lift to the stowed position in the case of a

power failure;

(

f) the manual override device must be accessible for

use by the operator, and a notice outlining detailed step-by-step

instructions for the operating procedure must be posted alongside the

actuation point;

(

g) a powered closing lift must be designed so that it

will fold only when it is in the "up" position.

(5) A notice or pictogram must be posted on the lift, advising of

the caution to stand clear, and the lettering must be

(

a) at least 25 mm in height in the case of a notice

and at least 50 mm in height if the lettering is accompanied by a

pictogram, and

(

b) in a colour that contrasts with the background.

13(1) A service ramp on a handi-bus must meet the requirements of

this section.

(2) This

section does not apply to emergency exit ramps.

(3) The maximum gradient of a service ramp is 1 in 4.

(4) A service ramp must be at least 760 mm wide.

(5) The surface of a service ramp must be made of skid-resistant

material.

(6) A service ramp must be fitted with guards that are not less than

25 mm nor more than 50 mm in height and the outside of the guards must be

clearly marked with yellow or white reflective material, which is in

contrast to the background.

(7) A power operated service ramp must meet the following

requirements:

(

a) exposed moving parts, such as chains, sprockets and

gears must be equipped with adequate guards;

(

b) the control for the ramp must meet the following

requirements:

(

i) there must be only one control and it

must be designed to prevent accidental operation of the ramp and must be

stored in a safe place when not being used by the operator;

(ii) the control must be equipped with an

interlock device designed to prevent operation of the ramp if the parking

brake is not engaged or the transmission gear shift is not secured in the

"park" position;

(iii) the control must be equipped with a

manual override device to enable the operator to raise and lower the ramp,

with or without load, and return the ramp to the stowed position in the

case of a power failure;

(iv) the manual override device must be

accessible for use by the operator, and a notice outlining detailed

step-by-step instructions for the hand-moving procedure must be posted

alongside the actuation point.

(8) If the ramp is stored in the passenger compartment, it must be

secured in accordance with the ramp manufacturer's instructions.

14(1) A handi-bus must have affixed to it at the following locations

Schedule:

(

a) on the rear of the handi-bus, left of centre;

(

b) on the front of the handi-bus, right of centre;

(

c) on both sides of the body of the handi-bus, just

behind the driver's station.

Figure 1

5 This Regulation comes into force on September 1, 1999.

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

Alberta Regulation 143/99

Public Sector Pension Plans Act

UNIVERSITIES ACADEMIC PENSION PLAN

AMENDMENT REGULATION

Filed: June 30, 1999

Approved by the Universities Academic Pension Board pursuant to sections

5(2) and 9(6) of

Schedule 3 of the Public Sector Pesnion Plans Act.

1 The Universities Academic Pension Plan (AR 370/93) is amended by this

Regulation.

Section 13 is amended

(

a) in subsection (1),

(

i) in clause (

a) by striking out "5.0" and

substituting "5.4";

(ii) in clause (

b) by striking out "7.4" and

substituting "7.8";

(

b) in subsection (1.1),

(

i) in clause (

a) by striking out "5.5" and

substituting "5.9";

(ii) in clause (

b) by striking out "7.9" and

substituting "8.3".

Section 15 is amended

(

a) in subsection (1),

(

i) in clause (

a) by striking out "6.0" and

substituting "6.4";

(ii) in clause (

b) by striking out "8.4" and

substituting "8.8";

(

b) in subsection (1.1),

(

i) in clause (

a) by striking out "5.5" and

substituting "5.9";

(ii) in clause (

b) by striking out "7.9" and

substituting "8.3".

Section 16(2) is amended by striking out "July 1, 1997 is 0.875%" and

substituting "July 1, 1999 is 0.475%".

5 This Regulation comes into force on July 1, 1999.