Alberta Gazette — 15 April 2010 (Part II)
15 April 2010
Alberta — Gazette
Alberta Regulation 18/2010
Emblems of Alberta Act
OFFICIAL EMBLEMS AMENDMENT REGULATION
Filed: March 18, 2010
For information only: Made by the Minister of Culture and Community Spirit
(M.O. 02/10 CCS) on March 8, 2010 pursuant to
section 125 of the Emblems of
Alberta Act.
1 The Official Emblems Regulation (AR 86/99) is amended
by this Regulation.
2 The title is amended by adding "(Ministerial)" after
"Emblems".
Section 4 is amended by striking out "March 31, 2010" and
substituting "March 31, 2011".
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Alberta Regulation 19/2010
Weed Control Act
WEED CONTROL REGULATION
Filed: March 18, 2010
For information only: Made by the Minister of Agriculture and Rural Development
(M.O. 2/2010) on March 9, 2010 pursuant to
section 30 of the Weed Control Act.
Table of Contents
Definitions
Part 1
Seed-cleaning Facility Licences and Notice to
Move a Seed-cleaning Facility
2 Application for licence
3 Licence issue
4 Contraventions
5 Expiry
6 Transfer of licence
7 Movement of seed-cleaning facility
Part 2
Designation of Weeds
Schedule of designations
9 Municipal designations
Part 3
Appeal of Inspector's Notice, Local Authority's Notice or
Debt Recovery Notice
10 Application
11 Delivery of notice
12 Notice requirements
13 Determination of appeal
14 Appeal review request
15 Refund of fee
Part 4
Other Matters
16 Transitional
17 Repeals
18 Expiry
19 Coming into force
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Weed Control Act;
(b) "authorized person" means a person authorized by the
Minister;
(c) "licence" means a licence to operate a seed-cleaning facility
or to provide a seed-cleaning facility for rent or lease.
Part 1
Seed-cleaning Facility Licences
and Notice to Move a Seed-cleaning
Facility
Application for licence
2(1) An applicant for a licence shall contact the chief administrative
officer of the municipality in which the seed-cleaning facility is
located.
(2) On receipt of the application, the chief administrative officer shall
request an inspector to inspect the facility for the purposes of issuing
the licence.
Licence issue
3(1) On completion of a satisfactory inspection, the inspector may
issue or renew a licence to the applicant in the form required by the
Minister.
(2) An inspection will be considered to be satisfactory if the inspector
(
a) completes the inspection in the form and manner required by
the Minister, and
(
b) gives the applicant a rating of 80% or more.
Contraventions
4(1) If an inspector considers that an applicant or licence holder has
contravened a provision of the Act or this Regulation, the inspector
may report that contravention to an authorized person.
(2) The inspector shall give written notice to the applicant or licence
holder of having made the report.
(3) The notice must
(
a) be given no later than 7 days after making the report, and
(
b) advise the applicant or licence holder of the right to make
submissions to the authorized person within 14 days after
having been given the notice.
(4) The notice may be delivered to the last known address for the
applicant or licence holder as recorded in the licence or licence
application records of the chief administrative officer of the
municipality where the facility is located.
(5) Fifteen or more days after the applicant or licence holder receives
the notice with respect to a contravention of the Act or this Regulation,
an authorized person may suspend, cancel or refuse to issue or renew a
licence.
(6) An applicant or licensee may appeal a decision of an authorized
person under subsection (5) to the Minister.
Expiry
5 A licence expires one year after its date of issue.
Transfer of licence
6(1) A licence is not transferrable.
(2) If a licence holder purports to transfer a licence, the licence is
void.
Movement of seed-cleaning facility
7(1) If a seed-cleaning facility is to be moved into a municipality, the
owner or operator of the seed-cleaning facility shall notify an inspector
in that municipality at least 24 hours before the seed-cleaning facility
is moved into the municipality.
(2) An inspector may waive the 24-hour notice requirement.
Part 2
Designation of Weeds
Schedule of designations
8 Subject to
section 9(6), the plants set out in the
Schedule are
designated as noxious weeds or prohibited noxious weeds in
accordance with the Schedule.
Municipal designations
9(1) The local authority of a municipality may designate a plant as a
noxious weed or a prohibited noxious weed within the municipality by
bylaw.
(2) If the plant is designated as a noxious weed within a municipality
by the Schedule, the local authority may designate it as a noxious weed
or a prohibited noxious weed.
(3) If the plant is designated as a prohibited noxious weed within a
municipality by the Schedule, the local authority may only designate it
as a prohibited noxious weed.
(4) A designation under this
section is not effective unless it is
approved by the Minister.
(5) The plants set out in a bylaw of a municipality are designated as
noxious weeds or prohibited noxious weeds within that municipality in
accordance with the bylaw.
(6) A designation as a prohibited noxious weed under this
section
prevails over a designation as a noxious weed under
section 8.
Part 3
Appeal of Inspector's Notice, Local
Authority's Notice or Debt Recovery
Notice
Application
10 This Part sets out the requirements that apply to an appeal of an
inspector's notice, local authority's notice or debt recovery notice
under
section 19(2) of the Act.
Delivery of notice
11(1) The appellant shall provide notice of the appeal to the chief
administrative officer of the municipality in which the land subject to
the notice is located.
(2) The notice of appeal must be delivered personally or sent by
certified or registered mail within the time specified in the notice for
doing the thing required by the notice or 10 days, whichever is less.
Notice requirements
12 The notice of appeal must be in writing and include
(
a) the name and address of the appellant,
(
b) a copy of the notice in respect of which the appeal is being
taken,
(
c) the legal description of the land affected,
(
d) the grounds for appeal, and
(
e) a $500 appeal fee.
Determination of appeal
13(1) The appeal panel shall hear and determine the appeal within 5
days of receipt of the notice of appeal by the chief administrative
officer.
(2) The appeal panel may confirm, rescind or vary the notice.
(3) The chief administrative officer shall send a copy of the decision
together with the written reasons, if any, to the appellant by certified or
registered mail.
Appeal review request
14 A request to review a decision of the appeal panel under
section
20 of the Act must be made to the Minister within 3 days of the
appellant receiving the appeal decision.
Refund of fee
15(1) If the appellant is successful in an appeal or review, the $500
appeal fee will be refunded to the appellant.
(2) If the appellant is partially successful in an appeal or review, the
$500 appeal fee may be refunded in whole or in part at the sole
discretion of the appeal panel or the Minister, as the case may be.
Part 4
Other Matters
Transitional
16(1) A municipal bylaw made under the Weed Control Act, RSA
2000 cW-5, is continued under this Regulation.
(2) For a period of six months after the coming into force of this
Regulation, a municipal bylaw made under the Weed Control Act, RSA
2000 cW-5,
(
a) is to be read as if a designation of a plant as a restricted weed
is a designation as a prohibited noxious weed, and
(
b) despite
section 9(4), may be amended without the approval of
the Minister to the extent the amendment is
(
i) amending a designation of a plant as a restricted weed
to a designation as a prohibited noxious weed, or
(ii) repealing a designation of a plant as a nuisance weed.
(3) A licence under the Seed Cleaning Plant Regulation (AR 15/2003)
is continued under this Regulation.
Repeals
17 The following regulations are repealed:
(
a) the Weed Regulation (AR 171/2001);
(
b) the Seed Cleaning Plant Regulation (AR 15/2003).
Expiry
18 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 August 1, 2016.
Coming into force
19 This Regulation comes into force on the coming into force of the
Weed Control Act, SA 2008 cW-5.1
Schedule
1 The following plants are designated as prohibited noxious weeds in
Alberta:
autumn olive - Elaeagnus umbellata Thunb.
balsam, Himalayan - Impatiens glandulifera Royle
barberry, common - Berberis vulgaris L.
bartsia, red - Odontites vernus (Bellardi) Dumort
buckthorn, common - Rhamnus cathartica L.
cinquefoil, sulphur - Potentilla recta L.
crupina, common - Crupina vulgaris Pers. ex Cass.
dyer's woad - Isatis tinctoria L.
Eurasian water milfoil - Myriophyllum spicatum L.
flowering rush - Butomus umbellatus L.
garlic mustard - Alliaria petiolata (M. Bieb.) Cavara & Grande
goatgrass, jointed - Aegilops cylindrica Host
hawkweed, meadow - Hieracium caespitosum Dumort.
hawkweed, mouse-ear - Hieracium pilosella L.
hawkweed, orange - Hieracium aurantiacum L.
hoary alyssum - Berteroa incana (L.) DC.
hogweed, giant - Heracleum mantegazzianum Sommier & Levier
iris, pale yellow - Iris pseudacorus L.
knapweed, bighead - Centaurea macrocephala Puschk. ex Willd.
knapweed, black - Centaurea nigra L.
knapweed, brown - Centaurea jacea L.
knapweed, diffuse - Centaurea diffusa Lam.
knapweed, hybrid - Centaurea x psammogena G yer
knapweed, meadow - Centaurea x moncktonii C. E. Britton
knapweed, Russian - Rhaponticum repens (L.) Hidalgo
knapweed, spotted - Centaurea stoebe L. ssp. micranthos (Gugler)
Hayek
knapweed, squarrose - Centaurea virgata Lam. ssp. squarrosa
(Willd.) Gugler
knapweed, Tyrol - Centaurea nigrescens Willd.
knotweed, giant - Fallopia sachalinensis (F. Schmidt Petrop.)
Ronse Decr.
knotweed, hybrid Japanese - Fallopia x bohemica (Chrtek &
Chrtkov ) J. P. Bailey
knotweed, Japanese - Fallopia japonica (Houtt.) Ronse Decr.
loosestrife, purple - Lythrum salicaria L.
medusahead - Taeniatherum caput-medusae (L.) Nevski
nutsedge, yellow - Cyperus esculentus L.
puncturevine - Tribulus terrestris L.
ragwort, tansy - Jacobaea vulgaris Gaertn.
rush skeletonweed - Chondrilla juncea L.
saltcedar - Tamarix ramosissima Ledeb.
saltlover - Halogeton glomeratus (M. Bieb.) C.A. Mey.
St John's-wort, common - Hypericum perforatum L.
starthistle, yellow - Centaurea solstitialis L.
tamarisk, Chinese - Tamarix chinensis Lour.
tamarisk, smallflower - Tamarix parviflora DC.
thistle, marsh - Cirsium palustre (L.) Scop.
thistle, nodding - Carduus nutans L.
thistle, plumeless - Carduus acanthoides L.
2 The following plants are designated as noxious weeds in Alberta:
baby's-breath, common - Gypsophila paniculata L.
bellflower, creeping - Campanula rapunculoides L.
bindweed, field - Convolvulus arvensis L.
blueweed - Echium vulgare L.
brome, downy - Bromus tectorum L.
brome, Japanese - Bromus japonicus Thunb.
burdock, great - Arctium lappa L.
burdock, lesser - Arctium minus (Hill) Bernh.
burdock, woolly - Arctium tomentosum Mill.
buttercup, tall - Ranunculus acris L.
chamomile, scentless - Tripleurospermum inodorum (L.) Sch. Bip.
clematis, yellow - Clematis tangutica (Maxim.) Korsh.
cockle, white - Silene latifolia Poir. ssp. alba (Miller) Greuter &
Burdet
daisy, oxeye - Leucanthemum vulgare Lam.
dame's rocket - Hesperis matronalis L.
henbane, black - Hyoscyamus niger L.
hoary cress, globe-podded - Lepidium appelianum Al-Shehbaz
hoary cress, heart-podded - Lepidium draba L.
hoary cress, lens-podded - Lepidium chalepense L.
hound's-tongue - Cynoglossum officinale L.
mullein, common - Verbascum thapsus L.
pepper-grass, broad-leaved - Lepidium latifolium L.
scabious, field - Knautia arvensis (L.) Coult.
sow thistle, perennial - Sonchus arvensis L.
spurge, leafy - Euphorbia esula L.
tansy, common - Tanacetum vulgare L.
thistle, Canada - Cirsium arvense (L.) Scop.
toadflax, Dalmatian - Linaria dalmatica (L.) Mill.
toadflax, yellow - Linaria vulgaris Mill.
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Alberta Regulation 20/2010
Public Lands Act
RECREATIONAL ACCESS AMENDMENT REGULATION
Filed: March 19, 2010
For information only: Made jointly by the Lieutenant Governor in Council
(O.C. 62/2010) and the Minister of Sustainable Resource Development
(M.O. 08/2010) on March 11, 2010 pursuant to sections 9 and 62.1 of the Public
Lands Act.
1 The Recreational Access Regulation (AR 228/2003) is
amended by this Regulation.
Section 25 is amended by striking out "March 31, 2010"
and substituting "March 31, 2015".
--------------------------------
Alberta Regulation 21/2010
Emergency Health Services Act
EMERGENCY HEALTH SERVICES (INTERIM)
AMENDMENT REGULATION
Filed: March 23, 2010
For information only: Made by the Minister of Health and Wellness (M.O. 1/2010)
on March 11, 2010 pursuant to sections 48(1)(b), (
l) and (s), 48(3) and 49 of the
Emergency Health Services Act.
1 The Emergency Health Services (Interim) Regulation
(AR 76/2010) is amended by this Regulation.
Section 16 is repealed and the following is substituted:
Display of the word "ambulance"
16(1) No motor vehicle shall display the word "ambulance" unless
the motor vehicle is operated by a licensed ambulance operator and it
has been given a unit number by the Registrar under the Licensing
and Ambulance Maintenance Regulation (AR 46/99) made under the
former Act.
(2) Despite subsection (1), the Registrar may, in writing, permit the
use of the word "ambulance" on a motor vehicle that does not meet
the requirements referred to in subsection (1).
3 The following is added after
section 17:
New code
17.1 The Ambulance Vehicle Standards Code January 2010
published by the Department is hereby declared in force.
4 The following is added after
section 19:
Modification - new standards
19.1 The following is hereby added after
section 15 of
the Staff, Vehicle and Equipment Regulation (AR 45/99)
made under the former Act:
New ambulance standards
15.1(1) Effective March 15, 2010, a licensed ambulance
operator must ensure that all ambulances used to provide
ambulance services that receive a unit number from the Registrar
on or after March 15, 2010 meet the Ambulance Vehicle
Standards Code January 2010 published by the Department.
(2) Despite subsection (1), if the patient compartment of an
ambulance that received its unit number from the Registrar
before March 15, 2010 is, after that date, mounted on a new
chassis and a new unit number is issued by the Registrar, the
following shall apply in respect of that ambulance:
(
a) the Minimum Vehicle Standards for Ambulances set out
in the Schedule, but not including
section 3(
d) to (g);
(
b) section 16 of the Ambulance Vehicle Standards Code
January 2010 published by the Department.
Exception
15.2 If the Registrar is of the opinion that it is in the public
interest, the Registrar may, subject to any term or condition that
the Registrar considers necessary,
(
a) vary the minimum vehicle standards that apply to an
ambulance, or
(
b) exempt any ambulance from the application of any
standard or condition that may be contained in either
(
i) the Minimum Vehicle Standards for Ambulances
set out in the Schedule, or
(ii) the Ambulance Vehicle Standards Code January
2010 published by the Department.
Modification - expiry
19.2
Section 21 of the Staff, Vehicle and Equipment
Regulation (AR 45/99) made under the former Act is
hereby amended by striking out "April 30, 2010" and
substituting "March 31, 2011".
5 The following is added after
section 20:
Modification - expiry
20.1
Section 24 of the Licensing and Ambulance
Maintenance Regulation (AR 46/99) made under the
former Act is hereby amended by striking out "April 30,
2010" and substituting "March 31, 2011".
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Alberta Regulation 22/2010
Municipal Government Act
MUNI FUNDS INVESTMENT REGULATION
Filed: March 23, 2010
For information only: Made by the Minister of Municipal Affairs (M.O. L:007/10)
on March 15, 2010 pursuant to
section 250(4) of the Municipal Government Act.
Table of Contents
Definitions
2 Additional investments
3 Rating agencies
4 Ratings
5 Limitations on municipality
6 Consequential
7 Expiry
Definitions
1 In this Regulation,
(a) "Act" means the Municipal Government Act;
(b) "MUNI Funds" means the pooled investment funds operated
by the Alberta Municipal Services Corporation;
(c) "municipality" means a municipality, other than the City of
Calgary or the City of Edmonton;
(d) "securities" has the meaning given to it in
section 250(1) of
the Act.
Additional investments
2 In addition to the investments referred to in
section 250(2) of the
Act,
section 2 of the Investment Regulation (AR 66/2000) and
section
2 of the APEX Plus Investment Regulation (AR 210/2006), a
municipality may invest its money in the MUNI Funds if the
investments held by the MUNI Funds are restricted to the following:
(
a) the investment described in
section 250(2)(
a) to (
c) of the Act
and
section 2(1)(
a) to (
c) of the Investment Regulation
(AR 66/2000);
(
b) securities issued or guaranteed by a credit union or trust
corporation established or continued under the laws of
Canada or a province other than Alberta;
(
c) securities of any of the following entities, or of a body that is
the equivalent of any of the following entities, established
under the laws of Canada or a province other than Alberta:
(
i) a municipality;
(ii) a school division;
(iii) a school district;
(iv) a hospital district;
(
v) a regional health authority;
(vi) a regional services commission;
(
d) securities, including securities denominated in foreign
currencies, issued or guaranteed by
(
i) the government of a jurisdiction outside Canada or an
agent of that government,
(ii) a corporation with its head office located in a
jurisdiction outside Canada or an agent of that
corporation, or
(iii) a bank incorporated in a jurisdiction outside Canada or
an agent of that bank
if the securities are rated by at least one of the rating agencies
listed in
section 3 with a rating that is equivalent to the
ratings set out in
section 4;
(
e) units in pooled funds of all or any of the investments
described in clauses (
a) to (
d) of this section.
Rating agencies
3 The rating agencies referred to in
section 2 are the following:
(
a) Dominion Bond Rating Service Limited;
(
b) Moody's Investors Service, Inc.;
(
c) Standard & Poor's Corporation.
Ratings
4 The ratings referred to in
section 2 are the following:
(
a) a minimum of R-1 or BBB- for investments with a maturity
date that is less than one year after the date the investment is
issued;
(
b) a minimum of BBB- for investments with a maturity date that
is one year or more after the date the investment is issued.
Limitations on municipality
5 In making investments, the municipality must at all times be
governed
(
a) by the prudent person rule as understood generally by the
investment community in Canada and Alberta, and
(
b) by the investment policy approved by its council.
Consequential
6 The Investment Regulation (AR 66/2000) is amended in
section 2(1)(a)(ii) by adding "or the MUNI Funds Investment
Regulation" after "APEX Plus Investment Regulation".
Expiry
7 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on November 30, 2015.
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Alberta Regulation 23/2010
Marketing of Agricultural Products Act
ALBERTA BEEF PRODUCERS AUTHORIZATION
AMENDMENT REGULATION
Filed: March 25, 2010
For information only: Made by the Alberta Agricultural Products Marketing Council
on March 2, 2010 pursuant to
section 26 of the Marketing of Agricultural Products
Act and approved by the Minister of Agriculture and Rural Development on March
16, 2010 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Beef Producers Authorization Regulation
(AR 352/2003) is amended by this Regulation.
Section 1(1)(
b) is repealed.
Section 2 is amended
(
a) in clause (
b) by striking out "marketing" and
substituting "production, marketing or processing";
(
b) by adding the following after clause (c):
(c.1) providing for the refund of service charges;
4 Sections 3 and 4 are repealed.
Section 6 is amended by striking out "March 31, 2014" and
substituting "June 30, 2020".
6 This Regulation comes into force on April 1, 2010.
Alberta Regulation 24/2010
Marketing of Agricultural Products Act
ALBERTA BEEF PRODUCERS COMMISSION
AMENDMENT REGULATION
Filed: March 25, 2010
For information only: Made by the Alberta Beef Producers on March 18, 2010
pursuant to
section 26 of the Marketing of Agricultural Products Act and approved by
the Agricultural Products Marketing Council on March 22, 2010 pursuant to
section
26 of the Marketing of Agricultural Products Act.
1 The Alberta Beef Producers Commission Regulation
(AR 204/98) is amended by this Regulation.
2 The following is added after
section 2:
Variation of service charge
2.1(1) The Commission may, from time to time, change the amount
of the service charge.
(2) Notwithstanding subsection (1), a change in the amount of the
service charge shall not be effective until it has been approved by a
vote of the delegates at an annual delegate meeting or a special
delegate meeting.
Section 5(1) is amended by striking out "and" at the end
of clause (a), adding "and" at the end of clause (
b) and
adding the following after clause (b):
(
c) provide to that producer a document that clearly shows
(
i) the number of cattle sold,
(ii) the amount of the service charge that was deducted,
(iii) the name, address and telephone number of the
purchaser, and
(iv) the date of the transaction in respect of which the
deduction was made.
Section 6(1) is amended by striking out "and" at the end
of clause (a), adding "and" at the end of clause (
b) and
adding the following after clause (b):
(
c) provide to that producer a document that clearly shows
(
i) the number of cattle sold,
(ii) the amount of the service charge that was deducted,
(iii) the name, address and telephone number of the dealer,
and
(iv) the date of the transaction in respect of which the
deduction was made.
5 The following is added after
section 6:
Refund of service charge
6.1(1) Subject to this section, any service charge that is paid by or
on behalf of a producer is refundable to that producer on request of
that producer.
(2) A producer may request a refund of all or a portion of the service
charge paid.
(3) A request for a refund of a service charge must
(
a) be in a form approved by the Commission,
(
b) be sent to the Commission
(
i) by postmarked mail or courier to the address designated
by the Commission for that purpose, or
(ii) by fax or e-mail to a fax number or e-mail address
designated by the Commission for that purpose,
(
c) contain
(
i) the producer's name, mailing address and telephone
number,
(ii) the number of cattle in respect of which the service
charge is requested to be refunded,
(iii) the amount of the service charge that is requested to be
refunded,
(iv) the date of the transactions for which the service charge
is requested to be refunded,
(
v) if applicable, the name of the purchaser or dealer who
deducted the service charge under
section 5 or 6, and
(vi) any other information required by the Commission,
and
(
d) be accompanied by such documents as may be required by
the Commission to prove to the satisfaction of the
Commission that the service charge was
(
i) paid to the Commission by the producer, or
(ii) deducted under
section 5(1)(
a) or 6(1)(a),
and not passed on to another producer for payment.
(4) A request for a refund of a service charge must be submitted to
the Commission
(
a) during the month of July in a year in respect of a service
charge paid during the months of January to June of that
year, or
(
b) during the month of January in a year in respect of a service
charge paid during the months of July to December of the
previous year.
(5) A producer is not entitled to a refund in respect of a service
charge where the request for the refund of the service charge is not
submitted to the Commission in accordance with subsections (3) and
(4), unless the Commission decides to accept the request under
subsection (6).
(6) The Commission may decide to accept a request for a refund that
is not submitted to the Commission in accordance with subsections
(3) and (4) if the Commission is satisfied that extenuating
circumstances warrant accepting the request.
(7) If the request for a refund meets the requirements of subsections
(1), (3) and (4), the Commission must refund the service charge to
the producer
(
a) by October 31 of the year in which the request is submitted in
respect of a request submitted in accordance with subsection
(4)(a), or
(
b) by April 30 of the year in which the request is submitted in
respect of a request submitted in accordance with subsection
(4)(b).
(8) If the Commission accepts a request for a refund under
subsection (6), the Commission must refund the service charge to the
producer within 90 days of accepting the request.
Interest
6.2 The Commission may charge interest for any late payment of a
service at the rate of 2% per month calculated on the balance due.
Section 9 is amended by adding the following after
subsection (2):
(3) A producer, purchaser or dealer shall, on request, furnish to the
Commission, within 7 days after receiving the request, any
information or record relating to the sale or feeding and slaughter of
cattle that the Commission considers necessary for the purposes of
considering or processing a request for a refund of a service charge.
7 The following is added after
section 9:
Inspection of records
9.1 If the Commission is of the opinion that circumstances warrant
it, the Commission may in writing require a producer, purchaser or
dealer to produce for the Commission's inspection any information
or record in the possession or under the control of the producer,
purchaser or dealer that relates to the deduction, remittance and
payment of service charges by the producer, purchaser or dealer.
Section 10 is amended by renumbering clause (
a) as
clause (a.1) and adding the following before clause (a.1):
(
a) is a purchaser,
9 The following is added after
section 10:
Request for information or report
10.1 A request by the Commission for information or records
under
section 9 or 9.1 or a report under
section 10
(
a) must be in writing, and
(
b) may be sent
(
i) by postmarked mail or courier to the person's last
address shown on the records of the Commission, or
(ii) by fax or e-mail to the person's last fax number or
e-mail address shown on the records of the
Commission.
Determination of date of request, information and report
10.2(1) A refund request is considered to be submitted under
section 6.1, information or records are considered to be requested,
furnished or produced under
section 9 or 9.1 and a report is
considered to be requested or completed under
section 10
(
a) on the day that it is postmarked or delivered, where the
request, information, record or report is sent by mail or
courier, or
(
b) on the day that it is sent where the request, information,
record or report is sent by fax or e-mail.
(2) If there is a dispute as to whether the request, information,
record or report was sent to the recipient within the time required by
this Regulation, the onus is on the person sending the request,
information, record or report to prove that it was so sent.
Section 13 is amended by striking out "March 31, 2014"
and substituting "June 30, 2015".
11 This Regulation comes into force on April 1, 2010.
--------------------------------
Alberta Regulation 25/2010
Government Organization Act
AGRICULTURE AND RURAL DEVELOPMENT GRANT
AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 69/2010)
on March 25, 2010 pursuant to
section 13 of the Government Organization Act.
1 The Agriculture and Rural Development Grant
Regulation (AR 58/98) is amended in
section 8 by striking
out "2010" and substituting "2020".
Alberta Regulation 26/2010
Rural Utilities Act
RURAL UTILITIES AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 70/2010)
on March 25, 2010 pursuant to
section 55 of the Rural Utilities Act.
1 The Rural Utilities Regulation (AR 151/2000) is amended
by this Regulation.
Section 12 is repealed and the following is substituted:
Loans or guarantees by associations
12 An association may make loans or guarantees to or on behalf of
any one of the following:
(
a) Gas Alberta Inc.;
(
b) Corridor Communications Inc.
Schedule 3 is amended by adding the following after
section 4(4):
(5) Where a special general meeting has been called under
subsection (2), a subsequent special general meeting may not be
called within a 24-month period following that special general
meeting if the nature of the business to be transacted at the
subsequent special general meeting is the same or similar in nature to
the business that was transacted at the initial special general meeting.
--------------------------------
Alberta Regulation 27/2010
Forests Act
Public Lands Act
SUSTAINABLE RESOURCE DEVELOPMENT REGULATIONS
AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 75/2010)
on March 25, 2010 pursuant to
section 4 of the Forests Act and sections 8 and 71.1 of
the Public Lands Act.
1(1) The Castle Special Management Area Forest Land Use
Zone Regulation (AR 49/98) is amended by this section.
(2) Section 4(4)(
b) is amended in clause (
b) by striking out
"Minister" and substituting "director".
2(1) The Forest Land Use and Management Regulations
(AR 197/76) are amended by this section.
(2) Section 1(
a) is repealed.
(3) Sections 3 and 4 are amended by striking out "Minister"
wherever it occurs and substituting "director".
(4) Section 6 is amended
(
a) in subsection (1)(
b) by striking out "Minister or the
Director" and substituting "director";
(
b) in subsection (2) by striking out "Director" and
substituting "director.
(5) Section 8 is amended by striking out "Director" and
substituting "director".
3(1) The Forest Recreation Regulation (AR 343/79) is
amended by this section.
(2) In the following provisions "Minister" is struck out
wherever it occurs and "director" is substituted:
section 10.3;
section 11(2);
section 15(2);
section 15.1(2);
section 15.2(4);
section 15.3(3);
section 15.4(3);
section 15.5(4);
section 15.6(3);
section 15.7(2);
section 23.
4(1) The Dispositions and Fees Regulation (AR 54/2000) is
amended by this section.
(2) Section 1(2) is amended by repealing clause (b).
(3) Section 5 is repealed and the following is substituted:
Amounts payable under disposition
5 Subject to the Act, regulations and any Ministerial order, the
director may prescribe the rent, rates and royalties payable under
any disposition.
(4) Section 9 is amended
(
a) in subsection (2) by striking out "to the Minister's
satisfaction, the Minister may" and substituting "to the
director's satisfaction, the Department may";
(
b) in subsection (3) by striking out "Minister" and
substituting "Department".
(5) Section 10 is repealed and the following is substituted:
Additional security
10 Where the director considers it appropriate to do so, the director
may at any time require a holder to provide additional security to the
Department in the amount and form acceptable to the director.
(6) Section 15 is amended
(
a) by striking out "A waiver by the Minister" and
substituting "A waiver by the Minister or director";
(
b) by striking out "binding on the Minister" and
substituting "binding on the Minister or director, as the
case may be,".
(7) Section 44(1) is amended
(
a) by striking out "if the Minister authorizes" and
substituting "if the director authorizes";
(
b) by striking out "compensation from the Minister" and
substituting "compensation from the Crown".
(8) Section 50(
a) is amended
(
a) by striking out "Minister" and substituting "director";
(
b) by adding ", regulations and any other Ministerial order"
after "pursuant to the Act".
(9) Section 51(
a) is amended by striking out "from the
Minister under
section 20(1)(c)" and substituting "under
section
20(1)(e)".
(10) Sections 30, 69, 93(4), 101(2), 102(2) and 115(
a) are
amended by striking out "Minister" and substituting
"Department".
(11) Sections 71(b), 89(1), 93(3), 104(1), 104(3), 104(5) and
124.8(3) are amended by striking out "Minister's" and
substituting "director's".
(12) In the following provisions "Minister" is struck out
wherever it occurs and "director" is substituted:
section 2;
section 7;
section 8;
section 9(1) and (2)(b);
section 11;
section 12;
section 13;
section 17;
section 22;
section 24;
section 25;
section 26;
section 27;
section 29;
section 31;
section 33;
section 34;
section 35;
section 36;
section 38;
section 40;
section 41;
section 43(2);
section 45;
section 48;
section 52;
section 53;
section 55;
section 56;
section 59;
section 61;
section 65;
section 67;
section 68;
section 71;
section 72;
section 76;
section 78;
section 81;
section 86;
section 89;
section 90;
section 93(2) and (3);
section 94;
section 95;
section 96;
section 97;
section 98;
section 99;
section 100;
section 102(1);
section 104;
section 105;
section 108;
section 112;
section 113;
section 114;
section 115(b);
section 116;
section 118;
section 119;
section 122;
section 123;
section 124.2;
section 124.4;
section 124.5;
section 124.6;
section 124.7;
section 124.8.
5(1) The Timber Management Regulation (AR 60/73) is
amended by this section.
(2) Section 2 is amended
(
a) in item 2, by striking out "Minister" and substituting
"director";
(
b) by adding the following after item 6:
6.1 "Department" means the Department administered by
the Minister;
(3) In the following provisions "Minister" is struck out
wherever it occurs and "director" is substituted:
section 3;
section 12;
section 14(1) and (2);
section 16;
section 17;
section 18;
section 19;
section 21;
section 31;
section 33;
section 35;
section 36;
section 38;
section 39(1.1), (2), (3) and (4);
section 40(3)(a)(ii);
section 40.1;
section 44;
section 45;
section 49;
section 51;
section 55;
section 59;
section 60;
section 64;
section 67(1);
section 73;
section 74;
section 74.1;
section 74.2;
section 74.3;
section 74.4;
section 74.7;
section 74.8;
section 75;
section 76.1;
section 77;
section 78.1;
section 81;
section 81.1;
section 81.3;
section 82;
section 85;
section 87;
section 89;
section 89.2;
section 93;
section 95(2);
section 97.1;
section 97.4;
section 97.41;
section 97.42;
section 97.5;
section 98;
section 101;
section 102;
section 103;
section 104;
section 105;
section 106;
section 107;
section 111;
section 112;
section 115;
section 116.1;
section 116.2;
section 120;
section 122.02;
section 122.1;
section 141.1(2);
section 141.2(1) and (2);
section 141.3(3);
section 141.4;
section 141.5;
section 141.6;
section 141.61;
section 141.7;
section 142;
section 142.4(5);
section 142.5(4);
section 142.9;
section 143;
section 143.1;
section 143.2;
section 143.3;
section 143.4;
section 143.6;
section 143.7;
section 143.9(2);
section 144.1;
section 144.2(3);
section 144.3;
section 144.4;
section 147;
section 153;
section 156;
section 160;
section 161;
section 164.1;
section 165;
section 170.
(4) In the following provisions "Minister's" is struck out
wherever it occurs and "director's" is substituted:
section 39(3)
section 62;
section 76.1;
section 91.1;
section 92(1) and (2);
section 94(4);
section 102;
section 143.1(1).
(5) In the following provisions "Minister" is struck out
wherever it occurs and "Department" is substituted:
section 5;
section 11;
section 13;
section 22;
section 28;
section 29;
section 30(1)(
d) and (
e) and (2);
section 40(1);
section 54;
section 57;
section 74.6;
section 142.3;
section 142.4(4);
section 142.5(1) and (3.2).
(6) Section 32 is amended
(
a) by striking out "indebted to the Minister" and
substituting "indebted to the Crown";
(
b) by striking out "applied by the Minister" and
substituting "applied by the director".
(7) Section 34 is amended
(
a) by striking out "the Minister is satisfied" and
substituting "the director is satisfied";
(
b) by striking out "the Minister may refund" and
substituting "the director may refund";
(
c) by striking out "indebtedness to the Minister" and
substituting "indebtedness to the Crown".
(8) Section 48.1 is amended
(
a) by striking out "specified by the Minister" and
substituting "specified by the director";
(
b) by striking out "incurred by the Minister" and
substituting "incurred by the Department".
(9) Section 72 is amended by striking out "Minister" and
substituting "director, subject to the Act, regulations and any
Ministerial order,".
(10) Section 76 is amended by striking out "Minister's" and
substituting "director's or the Minister's, as the case may be,".
(11) Section 96(1) is amended
(
a) by striking out "owing to the Minister" and substituting
"owing to the Department";
(
b) by striking out "unless the Minister agrees" and
substituting "unless the director agrees".
(12) Section 115.1(1) is amended
(
a) by striking out "submit to the Minister" and
substituting "submit to the director";
(
b) by repealing clause (b)(i), (ii) and (iii) and
substituting the following:
(
i) a forest officer,
(ii) the director,
(iii) the Minister, or
(iv) any other person authorized by the Minister.
(13) Section 115.1(2) is amended
(
a) by striking out "submitted to the Minister" wherever it
occurs and substituting "submitted to the Department";
(
b) by striking out "Minister may disclose" and
substituting "director may disclose";
(
c) by striking out "extent the Minister considers" and
substituting "extent the director considers".
(14) Section 122.4 is amended by adding "or director, as the
case may be," after "Minister".
(15) Sections 143.9 is amended in subsections (2.2), (4)(
a) and (4)(
b) by adding "or director, as the case may be" after
"directed by the Minister".
(16) Section 145 is amended
(
a) by striking out "Minister's opinion" and substituting
"director's opinion";
(
b) by striking out "pay to the Minister" and substituting
"pay to the Department".
(17) Section 151 is amended by striking out "Minister" and
substituting "Crown".
(18) Section 152 is amended
(
a) by striking out "request of the Minister" and
substituting "request of the director";
(
b) by striking out "forfeited to the Minister" and
substituting "forfeited to the Crown".
(19) Section 154 is amended by striking out "on behalf of the
Minister" and substituting "by the Department".
(20) Section 164 is amended
(
a) by striking out "The Minister shall" and substituting
"The Department shall";
(
b) by striking out "his discretionary powers, he may" and
substituting "the discretionary powers of the Department's
officials, the Minister or the director, as the case may be,
may".
(21) Schedule 2 is amended
(
a) in the column headed "Penalty" and the row
referring to sections 100(1)(e), 111, 148 and 153(2)
of the regulation by striking out "Minister" and
substituting "director";
(
b) in the column headed "Penalty" and the row
referring to sections 141.6(1), 141.61 and 141.7(1)
(
i) by striking out "Minister" and substituting
"director";
(ii) by striking out "Minister's" and substituting
"director's";
(
c) by striking out "by the Minister as provided" and
substituting "by the Department as provided".
(22) Schedule 6 is amended in
section 3 by striking out
"Minister" and substituting "director".
(23) Schedule 7 is amended in
section 1(1)(
a) by striking
out "Minister" and substituting "director".
6 This Regulation comes into force on April 1, 2010.
--------------------------------
Alberta Regulation 28/2010
Public Lands Act
UNAUTHORIZED USE OF PUBLIC LAND AND RECOVERY OF
PENALTY REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 76/2010)
on March 25, 2010 pursuant to sections 8 and 9 of the Public Lands Act.
Table of Contents
Definitions
2 Payment for unauthorized use
3 Recovery of penalty
4 Disclosure of information
5 Expiry
6 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Public Lands Act;
(b) "director" means a person designated by the Minister under
section 5 of the Act as a director for the purposes of this
Regulation.
Payment for unauthorized use
2(1) The director may require a person who, without authority,
(
a) makes use of public land, or
(
b) as a holder of a disposition or of an authorization under
section 20 of the Act makes use of the public land contained
in that disposition or authorization for any purpose other than
that for which the disposition or authorization was granted
to pay a sum of money that the director prescribes in addition to the
regular rate prescribed for that use.
(2) The sum of money prescribed by the director pursuant to
subsection (1) is a debt payable to the Crown on demand by the
director.
Recovery of penalty
3(1) The director may require a person who
(
a) contravenes a term or condition of a disposition or of an
authorization under
section 20 of the Act,
(
b) contravenes a decision or order made pursuant to regulations
under
section 9(b.1) or (b.2) of the Act,
(
c) contravenes
section 62.1 of the Act or a regulation under that
section, or
(
d) fails to notify the Department of a transfer, redemption or
allotment of shares to which
section 114.1(4) of the Act
applies
to pay to the director a penalty in an amount prescribed by the director,
not to exceed $5000.
(2) The director shall serve on the person referred to in subsection
(1) personally or by ordinary mail, addressed to the person at the person's
address according to the records of the Department, a notice
demanding payment of the amount of the penalty within 30 days after
the date of service of the notice.
(3) The notice shall state the grounds on which the penalty was
assessed.
(4) If the person referred to in subsection (1) fails to pay the amount in
accordance with the notice, the director has a cause of action for the
recovery of it and, in such an action, the court
(
a) may make any order it considers just regarding the payment
by that person of the amount or any part of it, and
(
b) may make any other order it considers appropriate, including
an order respecting costs.
Disclosure of information
4 If a person
(
a) is required to make payment under
section 2 for an
unauthorized use of public land, or
(
b) has been served with a notice under
section 3 with respect to
a contravention of a disposition or an authorization,
the director must disclose to the public the name of the person, the
municipality in which the person resides, a description of the
unauthorized use or contravention and the amount of the payment or
penalty, as the case may be.
Expiry
5 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 March 31, 2015.
Coming into force
6 This Regulation comes into force on April 1, 2010.
--------------------------------
Alberta Regulation 29/2010
Climate Change and Emissions Management Act
RENEWABLE FUELS STANDARD REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 95/2010)
on March 25, 2010 pursuant to
section 60 of the Climate Change and Emissions
Management Act.
Table of Contents
Interpretation
Part 1
Renewable Fuels Standard and Requirements
2 Renewable fuel content of gasoline and diesel
3 Qualifying renewable fuels
4 Validation by a greenhouse gas validator
5 Incorporation of Emissions Standard
6 Notional transfers between fuel suppliers
7 Approved contributors
8 Notional transfers from approved contributors
9 Fund contributions
Part 2
Reporting, Records and Greenhouse Gas Validators
10 Fuel supplier compliance report
11 Approved contributor compliance report
12 Renewable fuel provider compliance report
13 Further information, verification and resubmission
14 Retention of records
15 Qualifications of greenhouse gas validators
Part 3
Enforcement
Administrative Penalties
16 Notice of administrative penalty
17 Administrative penalty assessment
18 Payment of penalty
Offences
19 Offences
20 Due diligence
Part 4
Transitional, Expiry and Coming into Force
21 Prior volume credit for transitional period
22 Notional transfers of prior volumes for transitional period
23 Fund contributions for transitional period
24 Double volumetric exchange credits for transitional period
25 Expiry
Interpretation
1(1) In this Regulation,
(a) "Act" means the Climate Change and Emissions
Management Act;
(b) "approved contributor" means a person approved under
section 7;
(c) "aviation fuel" means any fuel that has been refined or
produced specifically for use in an aircraft;
(d) "compliance period" means
(
i) the 9-month period commencing April 1, 2011 and
ending December 31, 2011, and
(ii) effective January 1, 2012, the 12-month period
commencing January 1 in a year to December 31 of that
year;
(e) "compliance report" means
(
i) in respect of a fuel supplier, the report required under
section 10,
(ii) in respect of an approved contributor, the report
required under
section 11, and
(iii) in respect of a renewable fuel provider, the report
required under
section 12;
(f) "denaturant" means a mixture of hydrocarbons that
(
i) has an end boiling point of less than 225 degrees
Celsius,
(ii) is added to a renewable alcohol to make it unsuitable for
use as a beverage but not unsuitable for use in gasoline
or diesel engines, and
(iii) does not in volume exceed 4.76% of the total volume of
the renewable fuel when combined with the mixture of
hydrocarbons;
(g) "diesel fuel" means diesel that is fit for motive use in
Canada, but does not include aviation fuel or qualifying
renewable diesel;
(h) "director" means a director appointed under
section 2.2 of the
Act for the purposes of this Regulation;
(i) "Emissions Standard" means the Renewable Fuels
Greenhouse Gas Emissions Eligibility Standard incorporated
into and forming part of this Regulation under
section 5;
(j) "fuel supplier" means a person who in Alberta
(
i) manufactures or refines gasoline fuel or diesel fuel,
(ii) imports in a year more than 400 000 litres of gasoline
fuel or more than 400 000 litres of diesel fuel, or
(iii) acquires gasoline fuel or diesel fuel through an
inter-refiner agreement,
and sells it, at wholesale or retail, in Alberta;
(k) "Fund" means the Climate Change and Emissions
Management Fund established by the Act;
(l) "fund contribution" means a fund contribution obtained
under
section 23;
(m) "gasoline fuel" means gasoline that is fit for motive use in
Canada, but does not include aviation fuel;
(n) "greenhouse gas validator" means a person who meets the
requirements set out in
section 15;
(o) "inter-refiner agreement" means an arrangement between
refiners for the transfer of gasoline fuel or diesel fuel, and
includes purchase and sale and product exchange;
(p) "locomotive fuel" means fuel used to operate a railway
locomotive or to provide heat or light to railway cars attached
to a railway locomotive;
(q) "qualifying renewable alcohol" means fuel that is qualifying
renewable alcohol under
section 3(1), and includes
(
i) any denaturant in the fuel, and
(ii) any other additives that account for a total of no more
than 1% of the volume of the fuel;
(r) "qualifying renewable diesel" means fuel that is qualifying
renewable diesel under
section 3(2), and includes any
additives that account for a total of no more than 1% of the
volume of the fuel;
(s) "renewable fuel" means
(
i) in relation to gasoline fuel, qualifying renewable
alcohol, and
(ii) in relation to diesel fuel, qualifying renewable diesel;
(t) "renewable fuel feedstock types" means
(
i) vegetable or other plant materials,
(ii) animal materials or waste,
(iii) algae,
(iv) fungi, and
(
v) municipal waste materials, if the materials are received
from a facility approved by the Director in accordance
with a guideline developed under
section 62 of the Act;
(u) "renewable fuel provider" means a person who manufactures
or imports renewable fuel
(
i) for sale in Alberta to a fuel supplier or approved
contributor, or
(ii) for use in Alberta by a fuel supplier or approved
contributor,
and includes a fuel supplier or approved contributor that
manufactures or imports renewable fuel for that fuel supplier
or approved contributor to sell or use in Alberta;
(v) "renewable-blended diesel" means diesel fuel that is blended
with qualifying renewable diesel;
(w) "renewable-blended fuel" means
(
i) aviation fuel or gasoline fuel that is blended with
qualifying renewable alcohol, and
(ii) aviation fuel or diesel that is blended with qualifying
renewable diesel;
(x) "renewable-blended gasoline" means gasoline fuel that is
blended with qualifying renewable alcohol;
(y) "transitional compliance period" means the compliance
period referred to in clause (d)(i).
(2) For the purposes of this Regulation, a volume of fuel is "placed in
the Alberta market" if a fuel supplier or approved contributor
(
a) refined or blended it in Alberta,
(
b) imported it into Alberta, or
(
c) acquired it in Alberta through an inter-refiner agreement,
and sold it at wholesale or retail in Alberta.
(3) For the purposes of calculations under
section 2, if a volume of
fuel is "placed in the Alberta market" more than once, it shall be
accounted for only by the fuel supplier that first placed it in the Alberta
market.
(4) For the purposes of this Regulation, fuel
(
a) is not sold, if
(
i) the fuel is transferred from one refiner to another as the
result of an inter-refiner agreement, and
(ii) at the time of the transfer, the refiner making the
transfer reasonably expects that the fuel will be sold by
the refiner receiving it,
(
b) is not sold in Alberta, if the fuel supplier, at the time of the
sale, reasonably expects that it will be exported from Alberta,
(
c) is not imported, if it is brought into Alberta in the fuel tank of
a vehicle or in a fuel tank for a device necessary for the
intended use of that vehicle and is used only to power that
vehicle or device, as applicable.
Part 1
Renewable Fuels Standard
and Requirements
Renewable fuel content of gasoline and diesel
2(1) A fuel supplier must ensure that the gasoline fuel that it places in
the Alberta market in a compliance period contains, on average, no less
than 5% qualifying renewable alcohol content by volume, as calculated
in accordance with the following formula:
AQa% = (Qa + NTIa - NTOa + FCa + PVa + DVIa - DVOa) x 100
UBGa + BGa - BQa
where
AQa% is the calculated average qualifying renewable alcohol
content by volume contained in the gasoline fuel that the fuel
supplier placed in the Alberta market in the compliance
period, expressed as a percentage;
Qa is the number of litres of qualifying renewable alcohol
contained in the aviation fuel and gasoline fuel that the fuel
supplier placed in the Alberta market in the compliance
period;
NTIa is the number of litres of qualifying renewable alcohol
notionally transferred to the fuel supplier for the compliance
period in accordance with
section 6 or 8;
NTOa is the number of litres of qualifying renewable alcohol
notionally transferred by the fuel supplier to another fuel
supplier for the compliance period in accordance with
section
FCa is the number of fund contributions for litres of qualifying
renewable alcohol obtained by the fuel supplier for the
compliance period under
section 9(1)(
a) or 24(1)(a);
PVa is the prior volume credits for litres of qualifying renewable
alcohol that the fuel supplier may include for the compliance
period under
section 22(1);
DVIa is the double volumetric exchange credits for litres of
qualifying renewable alcohol obtained by the fuel supplier
under
section 24(1)(
b) for the compliance period;
DVOa is the number of litres of qualifying renewable alcohol that
the fuel supplier subtracted under
section 24(1)(a)(ii) to
obtain double volumetric exchange credits for qualifying
renewable diesel for the compliance period;
UBGa is the number of litres of gasoline fuel that the fuel supplier
placed in the Alberta market in the compliance period that
was not blended with qualifying renewable alcohol;
BGa is the number of litres of renewable-blended gasoline that the
fuel supplier placed in the Alberta market in the compliance
period;
BQa is the number of litres of qualifying renewable alcohol
contained in the renewable-blended gasoline that the fuel
supplier placed in the Alberta market in the compliance
period.
(2) A fuel supplier must ensure that the diesel fuel that it places in the
Alberta market in a compliance period contains, on average, no less
than 2% qualifying renewable diesel content by volume, as determined
by the following formula:
AQd% = (Qd + NTId - NTOd + FCd + PVd + DVId - DVOd) x 100
UBDd + BDd - BQd - LFd
where
AQd% is the calculated average qualifying renewable diesel content
by volume contained in the diesel fuel that the fuel supplier
placed in the Alberta market in the compliance period,
expressed as a percentage;
Qd is the number of litres of qualifying renewable diesel
contained in the aviation fuel and diesel that the fuel supplier
placed in the Alberta market in the compliance period;
NTId is the number of litres of qualifying renewable diesel
notionally transferred to the fuel supplier for the compliance
period in accordance with
section 6 or 8;
NTOd is the number of litres of qualifying renewable diesel
notionally transferred by the fuel supplier to another fuel
supplier for the compliance period in accordance with
section
FCd is the number of fund contributions for litres of qualifying
renewable diesel obtained by the fuel supplier for the
compliance period under
section 9(1)(
b) or 24(1)(b);
PVd is the prior volume credits for litres of qualifying renewable
diesel that the fuel supplier may include for the compliance
period under
section 22(2);
DVId is the double volumetric exchange credits for litres of
qualifying renewable diesel obtained by the fuel supplier
under
section 24(1)(
a) for the compliance period;
DVOd is the number of litres of qualifying renewable diesel that the
fuel supplier subtracted under
section 24(1)(b)(ii) to obtain
double volumetric exchange credits for qualifying renewable
alcohol for the compliance period;
UBDd is the number of litres of diesel fuel that the fuel supplier
placed in the Alberta market in the compliance period that
was not blended with qualifying renewable diesel;
BDd is the number of litres of renewable-blended diesel that the
fuel supplier placed in the Alberta market in the compliance
period;
BQd is the number of litres of qualifying renewable diesel
contained in the renewable-blended diesel that the fuel
supplier placed in the Alberta market in the compliance
period;
LFd is the number of litres of locomotive fuel deducted for the
compliance period under subsection (3).
(3) A fuel supplier may deduct locomotive fuel that the fuel supplier
placed in the Alberta market in a compliance period that ends before
January 1, 2013 in accordance with the formula set out in subsection
(2) if the fuel supplier establishes by written evidence satisfactory to
the director that the locomotive fuel was placed in the Alberta market
for use in a railway locomotive or to provide heat or light to railway
cars attached to a railway locomotive.
Qualifying renewable fuels
3(1) A fuel is qualifying renewable alcohol if the fuel
(
a) is produced from one or more renewable fuel feedstock
types,
(
b) meets the requirements
(
i) for ethanol set out in ASTM International Standard
ASTM D4806, Standard Specification for Denatured
Fuel Ethanol for Blending with Gasolines for Use as
Automotive Spark-Ignition Engine Fuel, as amended or
replaced from time to time,
(ii) for ethanol set out in National Standard of Canada
CAN/CGSB 3.511, Oxygenated Unleaded Automotive
Gasoline Containing Ethanol, as amended or replaced
from time to time, or
(iii) set out in a standard of ASTM International or the
Canadian General Standards Board, as approved by the
director,
and
(
c) has a greenhouse gas emissions intensity that is at least 25%
less than the greenhouse gas emissions intensity of gasoline
fuel, as determined in accordance with the Emissions
Standard.
(2) A fuel is qualifying renewable diesel if the fuel
(
a) is produced from one or more renewable fuel feedstock
types,
(
b) meets the requirements
(
i) of ASTM International Standard ASTM D6751,
Standard Specification for Biodiesel Fuel Blend Stock
(B100) for Middle Distillate Fuels, as amended or
replaced from time to time, or
(ii) set out in a standard of ASTM International or the
Canadian General Standards Board, as approved by the
director,
and
(
c) has a greenhouse gas emissions intensity that is at least 25%
less than the greenhouse gas emissions intensity of diesel
fuel, as determined in accordance with the Emissions
Standard.
Validation by a greenhouse gas validator
4(1) No person shall represent or imply that the fuel that the person is
offering to sell in Alberta is qualifying renewable alcohol or qualifying
renewable diesel unless
(
a) the person holds a subsisting validation issued by a
greenhouse gas validator in accordance with the Emissions
Standard, and
(
b) the fuel was produced in a manner that is consistent with the
processes and feedstocks that are set out in the validation.
(2) A validation issued by a greenhouse gas validator in accordance
with the Emissions Standard expires one year after the date the
validation is issued.
Incorporation of Emissions Standard
5 Pursuant to
section 61 of the Act, the Renewable Fuels Greenhouse
Gas Emissions Eligibility Standard developed under
section 62 of the
Act, as amended or replaced from time to time, is incorporated into
and forms part of this Regulation.
Notional transfers between fuel suppliers
6(1) A fuel supplier may notionally transfer to another fuel supplier
all or part of the volume of qualifying renewable alcohol that was
contained in the aviation fuel or gasoline fuel that the fuel supplier
placed in the Alberta market in a compliance period, and the receiving
fuel supplier may use the notional transfer for that compliance period
in accordance with the formula set out in
section 2(1).
(2) A fuel supplier may notionally transfer to another fuel supplier all
or part of the volume of qualifying renewable diesel that was contained
in the aviation fuel or diesel that the fuel supplier placed in the Alberta
market in a compliance period, and the receiving fuel supplier may use
the notional transfer for that compliance period in accordance with the
formula set out in
section 2(2).
(3) A notional transfer of renewable fuel under subsection (1) or (2)
(
a) must be made on or before the March 31 following the
compliance period in which the renewable-blended fuel was
placed in the Alberta market,
(
b) must be supported by records of transfer made by each of the
fuel suppliers that are parties to the transfer in accordance
with subsections (4) and (5),
(
c) must be recorded in the compliance reports of both fuel
suppliers, and
(
d) shall not be used by more than one fuel supplier.
(4) A fuel supplier that makes a notional transfer of renewable fuel
under this
section to another fuel supplier must make a record of the
transfer that includes the following information:
(
a) the name of the fuel supplier that received the notional
transfer;
(
b) the date of the notional transfer;
(
c) the number of litres of qualifying renewable alcohol
notionally transferred;
(
d) the number of litres of qualifying renewable diesel notionally
transferred;
(
e) the compliance period in which the renewable-blended fuel
was placed in the Alberta market by the fuel supplier making
the notional transfer.
(5) A fuel supplier that receives a notional transfer of renewable fuel
under this
section must make a record of the transfer that includes the
following information:
(
a) the name of the fuel supplier that made the notional transfer;
(
b) the date of the notional transfer;
(
c) the number of litres of qualifying renewable alcohol
notionally transferred;
(
d) the number of litres of qualifying renewable diesel notionally
transferred;
(
e) the compliance period in which the renewable-blended fuel
was placed in the Alberta market by the fuel supplier making
the notional transfer.
Approved contributors
7 The director may approve the application of a person to be an
approved contributor for the purposes of this Regulation if the person
(
a) blends gasoline fuel, aviation fuel or diesel that has been
placed in the Alberta market with renewable fuel,
(
b) places the renewable-blended fuel in the Alberta market, and
(
c) is not a fuel supplier.
Notional transfers from approved contributors
8(1) An approved contributor may notionally transfer to a fuel
supplier all or part of the volume of qualifying renewable alcohol that
was contained in the aviation fuel or gasoline fuel that the approved
contributor placed in the Alberta market in a compliance period, and
the fuel supplier may use the notional transfer for that compliance
period in accordance with the formula set out in
section 2(1).
(2) An approved contributor may notionally transfer to a fuel supplier
all or part of the volume of qualifying renewable diesel that was
contained in the aviation fuel or diesel that the approved contributor
placed in the Alberta market in a compliance period, and the fuel
supplier may use the notional transfer for that compliance period in
accordance with the formula set out in
section 2(2).
(3) A notional transfer of renewable fuel under subsection (1) or (2)
(
a) must be made on or before the March 31 following the
compliance period in which the renewable-blended fuel was
placed in the Alberta market,
(
b) must be supported by records of transfer made by the
approved contributor and fuel supplier that are parties to the
transfer in accordance with subsections (4) and (5),
(
c) must be recorded in the compliance reports of the approved
contributor and the fuel supplier, and
(
d) shall not be used by more than one fuel supplier.
(4) An approved contributor that makes a notional transfer of
renewable fuel to a fuel supplier under this
section must make a record
of the transfer that includes the following information:
(
a) the name of the fuel supplier;
(
b) the date of the notional transfer;
(
c) the number of litres of qualifying renewable alcohol
notionally transferred;
(
d) the number of litres of qualifying renewable diesel notionally
transferred;
(
e) the compliance period in which the renewable-blended fuel
was placed in the Alberta market by the approved
contributor.
(5) A fuel supplier that receives a notional transfer of renewable fuel
from an approved contributor under this
section must make a record of
the transfer that includes the following information:
(
a) the name of the approved contributor;
(
b) the date of the notional transfer;
(
c) the number of litres of qualifying renewable alcohol
notionally transferred;
(
d) the number of litres of qualifying renewable diesel notionally
transferred;
(
e) the compliance period in which the renewable-blended fuel
was placed in the Alberta market by the approved
contributor.
Fund contributions
9(1) A fuel supplier may obtain fund contributions for use in a
compliance period by contributing money to the Fund as follows:
(
a) for each $0.90 the fuel supplier contributes to the Fund to
obtain fund contributions for qualifying renewable alcohol,
the fuel supplier may obtain a fund contribution for one litre
of qualifying renewable alcohol;
(
b) for each $1.35 the fuel supplier contributes to the Fund to
obtain fund contributions for qualifying renewable diesel, the
fuel supplier may obtain a fund contribution for one litre of
qualifying renewable diesel.
(2) A fuel supplier may use fund contributions obtained under this
section for a compliance period in accordance with the formula set out
section 2(1) or (2) subject to the following rules:
(
a) a fund contribution must be obtained on or before the March
31 following the compliance period for which the
contribution is to be used;
(
b) fund contributions may only be used to replace up to 5% of
the volume of qualifying renewable alcohol that the fuel
supplier is required to place in the Alberta market in the
compliance period in order to comply with
section 2(1);
(
c) fund contributions may only be used to replace up to 5% of
the volume of qualifying renewable diesel that the fuel
supplier is required to place in the Alberta market in the
compliance period in order to comply with
section 2(2);
(
d) a fund contribution may not be used by more than one fuel
supplier;
(
e) the use of a fund contribution must comply with any
guidelines developed under
section 62 of the Act.
Part 2
Reporting, Records and Greenhouse
Gas Validators
Fuel supplier compliance report
10(1) On or before the March 31 following each compliance period, a
fuel supplier must submit a report to the director respecting its
compliance with this Regulation for that compliance period.
(2) The report must contain the information and data required in a
form required by the director.
(3) A fuel supplier shall submit the report by electronic means if
required by the director.
(4) The report must
(
a) either confirm that the requirements of
section 4 have been
met for the compliance period or provide an
acknowledgement that the requirements have not been met
for the compliance period,
(
b) set out the result of the calculations under
section 2 and the
values for all of the information included in reaching that
result,
(
c) set out, for each fuel supplier or approved contributor from
which the fuel supplier received a notional transfer of
renewable fuel for the compliance period,
(
i) the legal name and address of that fuel supplier or
approved contributor, and
(ii) the volume and type of renewable fuel notionally
transferred,
(
d) set out, for each fuel supplier to which the fuel supplier
notionally transferred renewable fuel for the compliance
period,
(
i) the legal name and address of that fuel supplier, and
(ii) the volume and type of renewable fuel notionally
transferred,
(
e) include, for each shipment of renewable fuel that the fuel
supplier received from a renewable fuel provider and blended
with fuel that the fuel supplier placed in the Alberta market
in the compliance period,
(
i) the legal name and address of the renewable fuel
provider,
(ii) the volume and type of renewable fuel received,
(iii) the date the renewable fuel was received,
(iv) the reference number of a validation issued to the
renewable fuel provider under
section 4 that was
subsisting on the date the renewable fuel was received,
and
(
v) a declaration from the renewable fuel provider that the
renewable fuel was produced in a manner that is
consistent with the processes and feedstocks that are set
out in the validation referred to in subclause (iv),
and
(
f) be certified by a person and in a manner required by the
director.
Approved contributor compliance report
11(1) On or before the March 31 following each compliance period in
which an approved contributor provided a notional transfer to a fuel
supplier under
section 8, the approved contributor must submit a report
for the compliance period to the director.
(2) The report must contain the information and data required in a
form required by the director.
(3) The approved contributor shall submit the report by electronic
means if required by the director.
(4) The report must
(
a) set out, for each fuel supplier to which the approved
contributor notionally transferred renewable fuel in the
compliance period,
(
i) the legal name and address of that fuel supplier, and
(ii) the volume and type of renewable fuel notionally
transferred,
(
b) include, for each shipment of renewable fuel that the
approved contributor received from a renewable fuel
provider and blended with fuel that the approved contributor
placed in the Alberta market in the compliance period,
(
i) the legal name and address of the renewable fuel
provider,
(ii) the volume and type of renewable fuel received,
(iii) the date the renewable fuel was received,
(iv) the reference number of a validation issued to the
renewable fuel provider under
section 4 that was
subsisting on the date the renewable fuel was received,
and
(
v) a declaration from the renewable fuel provider that the
renewable fuel was produced in a manner that is
consistent with the processes and feedstocks that are set
out in the validation referred to in subclause (iv),
and
(
c) be certified by a person and in a manner required by the
director.
Renewable fuel provider compliance report
12(1) On or before the March 31 following each compliance period in
which a renewable fuel provider provided renewable fuel to a fuel
supplier or approved contributor, the renewable fuel provider must
submit a report to the director respecting its compliance with this
Regulation for that compliance period.
(2) The report must contain the information and data required in a
form required by the director.
(3) The renewable fuel provider shall submit the report by electronic
means if required by the director.
(4) The report must
(
a) include copies of all validations issued to the renewable fuel
provider under
section 4 that were subsisting in the
compliance period,
(
b) include, for each shipment of renewable fuel that the
renewable fuel provider sold or allocated to a fuel supplier or
approved contributor in the compliance period,
(
i) the legal name and address of the fuel supplier or
approved contributor,
(ii) the volume and type of renewable fuel sold or allocated,
(iii) the date the renewable fuel was received by the fuel
supplier or approved contributor, and
(iv) a copy of the declaration that the renewable fuel
provided to the fuel supplier or approved contributor for
the shipment of renewable fuel,
and
(
c) be certified by a person and in a manner required by the
director.
Further information, verification and resubmission
13 The director may do one or more of the following regarding a
report or information submitted to the director:
(
a) require that additional information or data be provided;
(
b) require verification or further verification by a greenhouse
gas validator of any information or data;
(
c) require that an audit report respecting the accuracy of the
report or information be prepared in accordance with
Canadian generally accepted accounting principles and
submitted to the director;
(
d) collect any additional information or conduct any review or
audit to verify the accuracy of a report or information
submitted to the director that the director considers
necessary;
(
e) direct the fuel supplier, approved contributor or renewable
fuel provider to resubmit information in accordance with any
directions that the director considers necessary.
Retention of records
14(1) A fuel supplier, approved contributor or renewable fuel
provider that submits a compliance report shall, for at least 5 years
following the submission of the application or report, retain
(
a) a copy of the report, and
(
b) the records, information and data on which the report was
based.
(2) The material retained under subsection (1) must be located at the
head or principal office, in Alberta, of the fuel supplier, approved
contributor or renewable fuel provider or at any other place with the
written approval of the Director.
Qualifications of greenhouse gas validators
15(1) A person is eligible to be a greenhouse gas validator for the
purpose of this Regulation if the person
(
a) is
(
i) registered as a professional engineer under the
Engineering, Geological and Geophysical Professions
Act,
(ii) certified as an environmental auditor, principal
environmental auditor, lead environmental auditor or
business improvement environmental auditor by
RABQSA International, or
(iii) a member of a profession that has substantially similar
competence and practice requirements as a profession
referred to in subclause (i)
(
A) in a province or territory of Canada, or
(
B) approved by the director, in a jurisdiction outside
of Canada,
(
b) has technical knowledge of
(
i) renewable fuel production processes,
(ii) audit practices, and
(iii) any other matters considered relevant by the director,
and
(
c) has any other qualifications that the director considers
necessary.
(2) A person is not eligible to be a greenhouse gas validator for a
renewable fuel provider if
(
a) the person is a director, officer or employee of
(
i) the renewable fuel provider,
(ii) a fuel supplier that purchases or acquires renewable fuel
from the renewable fuel provider,
(iii) a person who sells or transfers renewable fuel to the
renewable fuel provider,
(iv) a person who manufactures renewable fuel that is sold
to the renewable fuel provider, or
(
v) an affiliate, within the meaning of
section 2 of the
Business Corporations Act, of the renewable fuel
provider or of a fuel supplier or of a person referred to
in subclause (iii) or (iv),
(
b) the person is an employee or agent of the Government.
(3) The director may request evidence of a person's qualifications and
eligibility as a greenhouse gas validator and may determine that the
person is not eligible to perform the functions of a greenhouse gas
validator if the director is not satisfied that the person possesses the
necessary qualifications or that the person is eligible.
Part 3
Enforcement
Administrative Penalties
Notice of administrative penalty
16(1) The following provisions of this Regulation are provisions in
respect of which a notice of administrative penalty may be given under
section 38 of the Act:
(
a) section 2;
(
b) section 4;
(
c) section 10;
(
d) section 11;
(
e) section 12;
(
f) section 14;
(g)
section 19(1)(
b) and (c).
(2) A notice of administrative penalty must be given in writing and
must contain the following information:
(
a) the name of the person required to pay the administrative
penalty;
(
b) particulars of the contravention;
(
c) the amount of the administrative penalty and the date by
which it must be paid;
(
d) a statement of the right to appeal to the Environmental
Appeals Board given under
section 42 of the Act.
Administrative penalty assessment
17(1) The amount of an administrative penalty for a fuel supplier that
contravenes
section 2(1) must be determined by the following formula:
$AP = [(Da x 0.05) - Na] x $0.30
where
$AP is the administrative penalty;
Da is the calculated total of all of the information included
in the denominator of the formula in
section 2(1) for the
compliance period;
Na is the calculated total of all of the information included
in the numerator of the formula in
section 2(1) for the
compliance period.
(2) The amount of an administrative penalty for a contravention of
section 2(2) must be determined by the following formula:
$AP = [(Dd x 0.02) - Nd] x $0.45
where
$AP is the administrative penalty;
Dd is the calculated total of all of the information included
in the denominator of the formula in
section 2(2) for the
compliance period;
Nd is the calculated total of all of the information included
in the numerator of the formula in
section 2(2) for the
compliance period.
(3) Subject to subsections (4) and (5), the amount of an administrative
penalty that may be imposed for the purposes of
section 38(2)(
a) of the
Act for each contravention referred to in
section 16(1)(
b) to (
g) of this
Regulation that occurs, or for each day or part of a day on which the
contravention occurs and continues, is $1000.
(4) In a particular case, the director may increase or decrease the
amount of the administrative penalty from the amount set out in
subsection (3) on considering the following factors:
(
a) the severity of the contravention;
(
b) the degree of wilfulness or negligence in the contravention;
(
c) whether there was any mitigation relating to the
contravention;
(
d) whether steps have been taken to prevent reoccurrence of the
contravention;
(
e) whether the person who receives the notice of administrative
penalty has a history of non-compliance;
(
f) any other factors that, in the opinion of the director, are
relevant.
(5) The maximum administrative penalty that may be imposed under
subsection (3) for the purposes of
section 38(2)(
a) of the Act is $5000
for each contravention, or for each day or part of a day on which the
contravention occurs or continues, as the case may be.
(6) The maximum administrative penalty that may be imposed under
section 38(2)(
b) of the Act for each contravention referred to in
section
16(1)(
b) to (
g) of this Regulation is $100 000.
Payment of penalty
18 A person who is served with a notice of administrative penalty
shall pay the amount of the penalty within 30 days of the date of
service of the notice.
Offences
Offences
19(1) A person who
(
a) contravenes
section 4, 10, 11, 12 or 14,
(
b) performs the functions of a greenhouse gas validator and
does not meet the requirements set out in
section 15, or
(
c) retains a person as a greenhouse gas validator who does not
meet the requirements set out in
section 15,
is guilty of an offence.
(2) A person who is guilty of an offence under subsection (1) is liable
(
a) to a fine of not more than $50 000, in the case of an
individual, or
(
b) to a fine of not more than $500 000, in the case of a
corporation.
Due diligence
20 No person shall be convicted of an offence under this Regulation
if that person establishes on a balance of probabilities that the person
took all reasonable steps to prevent its commission.
Part 4
Transitional, Expiry and
Coming into Force
Prior volume credit for transitional period
21(1) In accordance with the formula set out in
section 2(1), a fuel
supplier may include in its calculations for the transitional compliance
period all or part of the volume of ethanol that was contained in the
gasoline fuel that the fuel supplier placed in the Alberta market
between January 1, 2009 and October 31, 2010 if the director is
satisfied that the ethanol met the requirements for qualifying renewable
alcohol set out in
section 3(1).
(2) In accordance with the formula set out in
section 2(2), a fuel
supplier may include in its calculations for the transitional compliance
period all or part of the volume of renewable diesel that was contained
in the aviation fuel and diesel that the fuel supplier placed in the
Alberta market between January 1, 2009 and October 31, 2010 if the
director is satisfied that the renewable diesel met the requirements for
qualifying renewable diesel set out in
section 3(2).
Notional transfers of prior volumes for transitional period
22(1) Notwithstanding sections 6(3)(
a) and 8(3)(a), a notional transfer
of qualifying renewable alcohol between fuel suppliers under
section
6(1) or between an approved contributor and a fuel supplier under
section 8(1) may, for the transitional compliance period only, include
all or part of the volume of ethanol that was contained in the gasoline
fuel that the fuel supplier or approved contributor placed in the Alberta
market between January 1, 2009 and October 31, 2010 if the director is
satisfied that the fuel met the requirements for qualifying renewable
alcohol set out in
section 3(1).
(2) Notwithstanding sections 6(3)(
a) and 8(3)(a), a notional transfer of
qualifying renewable diesel between fuel suppliers under
section 6(2)
or between an approved contributor and a fuel supplier under
section
8(2) may, for the transitional compliance period only, also include all
or part of the volume of renewable diesel that was contained in the
aviation fuel and diesel that the fuel supplier or approved contributor
placed in the Alberta market between January 1, 2009 and October 31,
2010 if the director is satisfied that the renewable diesel met the
requirements for qualifying renewable diesel set out in
section 3(2).
Fund contributions for transitional period
23(1) Notwithstanding
section 9, a fuel supplier may obtain fund
contributions for use for the transitional compliance period by
contributing money to the Fund as follows:
(
a) for each $0.60 the fuel supplier contributes to the Fund to
obtain fund contributions for qualifying renewable alcohol,
the fuel supplier may obtain a fund contribution for one litre
of qualifying renewable alcohol;
(
b) for each $0.90 the fuel supplier contributes to the Fund to
obtain fund contributions for qualifying renewable diesel, the
fuel supplier may obtain a fund contribution for one litre of
qualifying renewable diesel.
(2) A fuel supplier may use fund contributions obtained under this
section for the transitional compliance period in accordance with the
formula set out in
section 2(1) or (2) subject to the following rules:
(
a) fund contributions for use in the transitional compliance
period must be obtained on or before March 31, 2012;
(
b) fund contributions may only be used to replace up to 10% of
the volume of qualifying renewable alcohol that the fuel
supplier is required to place in the Alberta market in the
transitional compliance period in order to comply with
section 2(1);
(
c) fund contributions may only be used to replace up to 10% of
the volume of qualifying renewable diesel that the fuel
supplier is required to place in the Alberta market in the
transitional compliance period in order to comply with
section 2(2);
(
d) a fund contribution may not be used by more than one fuel
supplier;
(
e) the use of a fund contribution must accord with any
guidelines developed under
section 62 of the Act.
Double volumetric exchange credits for transitional period
24(1) A fuel supplier may obtain double volumetric exchange credits
for use for the transitional compliance period as follows:
(
a) a fuel supplier obtains an exchange credit of one litre of
qualifying renewable alcohol for use in calculations in the
formula set out in
section 2(1) for every 2 litres of qualifying
renewable diesel that
(
i) was contained in the renewable-blended fuel that the
fuel supplier placed in the Alberta market in the
transitional compliance period, and
(ii) the fuel supplier subtracts in its calculations of the
numerator in the formula set out in
section 2(2) for the
transitional compliance period;
(
b) the fuel supplier obtains an exchange credit of one litre of
qualifying renewable diesel for use in calculations in the
formula set out in
section 2(2) for every 2 litres of qualifying
renewable alcohol that
(
i) was contained in the renewable-blended fuel that the
fuel supplier placed in the Alberta market in the
transitional compliance period, and
(ii) the fuel supplier subtracts in its calculations of the
numerator in the formula set out in
section 2(1) for the
transitional compliance period.
(2) A fuel supplier may use double volumetric exchange credits
obtained under this
section for the transitional compliance period
subject to the following rules:
(
a) exchange credits may only be used to replace up to 10% of
the volume of qualifying renewable alcohol that the fuel
supplier is required to include in the gasoline fuel that it
places in the Alberta market in the transitional compliance
period in order to comply with
section 2(1), and
(
b) exchange credits may only be used to replace up to 10% of
the volume of qualifying renewable diesel that the fuel
supplier is required to include in the diesel fuel that it places
in the Alberta market in the transitional compliance period in
order to comply with
section 2(2).
Expiry
25 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 January 31, 2020.
Alberta Regulation 30/2010
Income and Employment Supports Act
EMPLOYMENT AND TRAINING BENEFITS FOR PERSONS WITH
DISABILITIES AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 97/2010)
on March 25, 2010 pursuant to
section 18 of the Income and Employment Supports
Act.
1 The Employment and Training Benefits for Persons with
Disabilities Regulation (AR 59/2004) is amended in
section 7
by striking out "2010" and substituting "2012".
--------------------------------
Alberta Regulation 31/2010
Income and Employment Supports Act
INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS (MOBIUS)
AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 98/2010)
on March 25, 2010 pursuant to
section 18 of the Income and Employment Supports
Act.
1 The Income Supports, Health and Training Benefits
Regulation (AR 60/2004) is amended by this Regulation.
Section 1(1) is amended
(
a) by repealing clause (
b) and substituting the
following:
(b) "adult" means a person
(
i) who is 18 years of age or older who is not a
dependent child,
(ii) who is 16 or 17 years of age and
(
A) the cohabiting partner of a person described
in subclause (
i) or (iii) or paragraph (
B) or
(C),
(
B) determined to be an adult in accordance with
requirements specified by the Minister, or
(
C) an employment insurance full-time learner,
(iii) who is an apprentice full-time learner;
(
b) by adding the following after clause (c):
(c.1) "apprentice full-time learner" means a person who is
accepted into technical training as an apprentice under
the Apprenticeship and Industry Training Act and is
eligible for income support or training benefits under
Part 2, Division 4 of the Act pursuant to the
Canada/Alberta Labour Market Development
Agreement (LMDA);
(
c) by repealing clause (
j) and substituting the
following:
(j) "dependent child" means a person
(
i) who is under 18 years of age or, if attending an
education program under the School Act, under 20
years of age,
(ii) who is living with and dependent for support on an
adult member of a household unit,
(iii) who is not an adult under clause (b)(ii) or (iii),
(iv) who is not in the custody or guardianship of a
director under the Child, Youth and Family
Enhancement Act,
(
v) for whom the maximum financial assistance
referred to in
section 10 of the Child, Youth and
Family Enhancement Regulation (AR 160/2004) is
not being made, and
(vi) on whose behalf income support is not being
received from the child financial support program
through a Child and Family Services Authority;
(
d) by adding the following after clause (l):
(l.1) "employment insurance full-time learner" means a
person who is eligible for income support or training
benefits under
Part 2, Division 4 of the Act pursuant to
the Canada/Alberta Labour Market Development
Agreement (LMDA), but does not include an apprentice
full-time learner;
(
e) in clause (
o) by striking out "a person" and
substituting "an adult person";
(
f) in clause (x)
(
i) by adding "within an approved training program"
after "number of months";
(ii) by striking out "3 weeks" and substituting "3
consecutive weeks or a longer period that may be
permitted by the Director".
Section 2 is amended
(
a) by repealing subsection (2) and substituting the
following:
(2) An adult person's designation as a full-time learner is
effective on the first day of the month in which the person
begins an approved training program or, if the person begins
after the 10th day of the month, from the day determined by the
Minister.
(
b) in subsection (5) by striking out ", other than a person
referred to in
section 1(1)(j)(ii),".
Section 5 is amended
(
a) in subsection (2)(
j) by adding ", except to the extent that
the funds may be available to a full-time learner for the
approved training program" after "Plan";
(
b) by repealing subsection (3) and substituting the
following:
(3) If a member of a household unit purchases an asset with
income exempted under
section 6(4)(b)(v), the asset may be
exempted or partially exempted by the Minister to the extent its
value is equal to or less than the exempted income used in
purchasing it.
Section 6 is amended
(
a) in subsection (4)
(
i) in clause (a)
(
A) by adding the following after subclause (i):
(i.1) a payment received under the
Pre-1986/Post-1990 Hepatitis C Settlement
Agreement;
(
B) by adding the following after subclause
(ii):
(ii.1) a payment received by a member of a
household unit as a common experience
payment or as an independent assessment
process payment under the Indian Residential
Schools Agreement;
(
C) by adding the following after subclause
(vii):
(vii.1) a Universal Child Care Benefit;
(vii.2) the Working Income Tax Benefit;
(
D) by adding the following after subclause
(ix):
(ix.1) money received under the Direct to Tenant
Rent Supplement Program of the Government
of Alberta;
(ii) in clause (
b) by adding the following after
subclause (iv):
(iv.1) an employment benefit, other than a special
benefit, under the Employment Insurance Act
earned by an adult designated as an employment
insurance full-time learner or an apprentice
full-time learner, the first $100 of monthly income;
(
b) in subsection (5) by striking out "(4)(b)" and
substituting "(4)(b)(iii) or (iv)".
Section 7(
c) is amended by adding the following after
subclause (iii):
(iii.1) an emergency allowance for rental arrears under
Schedule 3,
section 17(1)(f.1) if the household unit previously received a
benefit for that purpose;
7 The following is added after
section 8:
Division 4 full-time learners
8.1 For the purpose of determining eligibility and providing
income support and training benefits under
Part 2, Division 4 of the
Act, an apprentice or employment insurance full-time learner and his
or her household unit are treated the same as a full-time learner and
his or her household unit under
Part 2, Division 1 of the Act and
Part
2, Division 3 of the Act subject to this Regulation.
Section 12 is repealed and the following is substituted:
Residency and registration
12(1) For the purpose of
section 6(3)(
a) of the Act, a full-time
learner member of a household unit in the full-time learner category
(
a) must be in Alberta, and
(
b) must have been in Alberta at the time of acceptance in an
approved training program.
(2) Subsection (1) does not apply to an apprentice full-time learner.
(3) An apprentice full-time learner must be registered as an
apprentice in Alberta.
Section 13 is repealed and the following is substituted:
Age and other requirements
13(1) For the purpose of
section 6(3)(c)(
i) of the Act, a member of
the household unit must
(
a) be an adult,
(
b) be designated a full-time learner under
section 2(1) of this
Regulation,
(
c) if the person is not an apprentice full-time learner, have not
attended school for 12 consecutive months, and
(
d) be one of the following:
(
i) a Canadian citizen;
(ii) a permanent resident of Canada under the Immigration
and Refugee Protection Act (Canada);
(iii) a refugee under the Immigration and Refugee Protection
Act (Canada) who has been accepted to apply for
permanent residency in Canada.
(2) The Director may waive the requirement under subsection (1)(c).
Section 15 is amended
(
a) by repealing subsection (1)(
a) and substituting the
following:
(
a) after deducting $10 000, the value of the combined
liquid assets of the adult members of the household unit
is in excess of the applicable core benefits plus any
additions to the core benefits determined by the Director
for 2 months,
(
b) by repealing subsection (2) and substituting the
following:
(2) Subsection (1) does not apply if the full-time learner in the
household unit is applying for a transitional vocational or
self-employment approved training program.
Section 16 is amended
(
a) by adding the following after subsection (1):
(1.1) If a member of the household unit is not in Alberta, the
budgetary requirements are determined as if that person were
not a member of the household unit.
(
b) by repealing subsection (2)(b).
Section 18 is amended
(
a) by renumbering it as
section 18(1);
(
b) by repealing subsection (1)(
g) and substituting the
following:
(
g) temporary resident permit holders under the
Immigration and Refugee Protection Act (Canada)
except for
(
i) a person approved for entry into Alberta by the
Government of Alberta, or
(ii) a victim of human trafficking as determined by the
(
c) by adding the following after subsection (1):
(2) Subsection (1)(
a) does not apply to an apprentice or
employment insurance full-time learner.
Section 22(1) is repealed and the following is
substituted:
Financial eligibility for adult health benefits
22(1) An adult who is a member of a household unit that is eligible
for
(
a) income support and benefits,
(
b) training benefits in the full-time learner category, or
(
c) training benefits under
Part 2, Division 4 of the Act
is financially eligible for health benefits.
Section 28(1)(
h) is repealed and the following is
substituted:
(
h) temporary resident permit holders under the Immigration and
Refugee Protection Act (Canada) except for
(
i) a person approved for entry into Alberta by the
Government of Alberta, or
(ii) a victim of human trafficking as determined by the
Section 30 is amended
(
a) in subsection (1)
(
i) by repealing clause (
a) and substituting the
following:
(
a) after deducting $10 000, the value of the combined
liquid assets of the adult members of the household
unit is in excess of the applicable core benefits
plus any additions to the core benefits determined
by the Director for 2 months, or
(ii) in clause (
b) by striking out "a member" and
substituting "an adult member";
(
b) by repealing subsection (2) and substituting the
following:
(2) Subsection (1) does not apply if the full-time learner in the
household unit is applying for a transitional vocational or
self-employment approved training program.
Section 31 is amended
(
a) in subsection (1) by striking out "section 16(1)" and
substituting "section 16";
(
b) in subsection (3)
(
i) by adding "and" at the end of clause (a);
(ii) by repealing clauses (
b) and (
c) and
substituting the following:
(
b) liquid assets in excess of the total of applicable
core benefits plus any additions to core benefits
determined by the Director for 2 months.
17 The following is added after
section 32.1:
Tax remissions
32.2 A Director may make a payment to the Canada Revenue
Agency in an amount determined by the Minister as an income
tax remittance on behalf of an apprentice or employment
insurance full-time learner for assistance received under
Part 2 of
the Act.
Section 35 is amended by adding the following after
subsection (8):
(9) With respect to apprentice or employment insurance full-time
learners, benefits may be provided under
Part 2, Division 4 of the
Act only to learners whose approved training program begins on or
after August 1, 2010.
(10) Where, on August 1, 2010, a person is enrolled in a training
program on a full-time basis and is receiving assistance under the
Employment and Immigration Grant Regulation (AR 94/2009)
pursuant to the Canada/Alberta Labour Market Development
Agreement (LMDA), that person
(
a) continues to receive assistance under that Regulation until the
sooner of
(
i) the end of that person's training within the training
period for which that person was funded under that
Regulation, and
(ii) July 31, 2011,
and
(
b) is not eligible for benefits under
Part 2, Division 4 of the Act
during the period referred to in clause (a).
(11) No application for a grant under the Employment and
Immigration Grant Regulation (AR 94/2009) pursuant to the
Canada/Alberta Labour Market Development Agreement (LMDA)
may be made for a training program that begins on or after August 1,
2010 for which a benefit may be provided under this Regulation
unless approved by the Director.
(12) An asset owned by an apprentice or employment insurance
full-time learner while receiving assistance for a training program
under the Employment and Immigration Grant Regulation
(AR 94/2009) pursuant to the Canada/Alberta Labour Market
Development Agreement (LMDA) is an exempt asset if
(
a) the learner is continuing the training program,
(
b) it has been 6 months or less since the last period of training
under the training program, and
(
c) the asset was an exempt asset for the purpose of receiving
assistance under the Employment and Immigration Grant
Regulation (AR 94/2009).
Schedule 2 is amended
(
a) by adding the following heading before
section 1:
Part 1
General
(
b) by repealing
section 5 and substituting the
following:
Extraordinary training transportation
5 The Director may provide costs of travel at $0.12 per
kilometre for a full-time learner to use a personal vehicle to
attend an approved training program if
(
a) there is no public transportation, and
(
b) the learner is required to travel to another community to
attend the approved training program.
(
c) by repealing
section 10 and substituting the
following:
High cost community modifier
10(1) If a household unit designated in the full-time learner
category is eligible to receive the core shelter benefit but not
the social housing benefit under Table B, the Director may
provide a monthly high cost community allowance as
prescribed by the Minister.
(2) This
section does not apply if a member of the household
unit is an apprentice full-time learner.
(
d) by repealing
section 11(4) and substituting the
following:
(4) Where a physician provides a written opinion that the
physical health, or a psychologist or psychiatrist provides a
written opinion that the mental health, of a member of the
household unit would be endangered by a move and the
maximum core shelter payment is inadequate, the Director may
(
a) provide up to $300 per month for the additional shelter
cost for a period that does not exceed the greater of
(i) 3 months, or
(ii) in a household unit in the full-time learner
category, the length of the full-time learner
member's training period,
and
(
b) renew an amount provided under clause (a)(
i) for
subsequent 3-month periods if the Director is satisfied
that the condition continues to exist.
(5) This
section does not apply if a member of the household
unit is an apprentice full-time learner.
(
e) in
section 12
(
i) in subsection (2)(
e) by striking out "referred to in
section 1(1)(j)(ii) of the Regulation" and substituting
"who is 18 years of age or older";
(ii) by adding the following after subsection (4):
(5) This
section does not apply if a member of the
household unit is an apprentice full-time learner or
employment insurance full-time learner.
(
f) by adding the following after
section 14:
Part 2
Apprentice Full-time Learner Benefits
Housing allowance
15(1) If a full-time learner household unit has an apprentice
full-time learner whose principal residence is in Alberta, the
Director may provide a monthly housing allowance as
prescribed by the Minister.
(2) The housing allowance shall not be more than the
amount by which the following monthly housing expenses
exceed the applicable core shelter benefit:
(
a) if the principal residence is owned, the mortgage,
utilities, property insurance and property taxes;
(
b) if the principal residence is rented, rent and utilities.
Training travel and temporary accommodation
16 Where the apprentice full-time learner member of a
full-time learner household unit requires temporary
accommodation away from home to attend technical training
required for his or her apprenticeship, the Director may
provide
(
a) an allowance for the additional cost of temporary
accommodation in Alberta up to $610 per month, and
(
b) costs of travel at $0.12 per kilometre for one return trip
home per month.
Schedule 3 is amended
(
a) by repealing
section 12(2) and substituting the
following:
(2) The maximum allowance that may be provided to each adult
member of a household unit to whom subsection (1) applies is
$500 per calendar year.
(
b) in
section 17
(
i) in subsection (1) by adding the following after
clause (f):
(f.1) the actual cost of rental arrears to a maximum of,
(
i) if the household unit has dependent children,
$1000, or
(ii) if the household unit does not have dependent
children, $350;
(f.2) the actual cost of a damage deposit to a maximum
of,
(
i) if the household unit has dependent children,
$1000, or
(ii) if the household unit does not have dependent
children, $350;
(ii) by adding the following after subsection (2):
(3) An applicant or recipient is not eligible for an
allowance under subsection (1)(f.1) if the household unit
is living in a premises with another adult who is not a
member of the household unit but is the child, grandchild,
parent, step-parent or grandparent of one of the adults in
the household unit.
(4) A household unit is not eligible to receive an
emergency allowance for a damage deposit if the
household unit has received a benefit for that purpose
within the previous 3 years.
(
c) in
section 18 by adding the following after
subsection (2):
(3) This
section does not apply if a member of the household
unit is an apprentice full-time learner or employment
insurance full-time learner.
21 The Income Supports, Health and Training Benefits
Amendment Regulation (AR 249/2007) is repealed.
22 This Regulation comes into force on August 1, 2010 except the
following provisions, which come into force immediately:
section 2(f);
section 4(b);
section 5(a)(i);
section 6;
section 12(b);
section 14;
section 16(b);
section 20(
a) and (b).
--------------------------------
Alberta Regulation 32/2010
Income and Employment Supports Act
INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS
AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 99/2010)
on March 25, 2010 pursuant to
section 18 of the Income and Employment Supports
Act.
1 The Income Supports, Health and Training Benefits
Regulation (AR 60/2004) is amended by this Regulation.
Section 35 is amended by adding the following after
subsection (8):
(8.1) A reference to Table A or Table B under this Regulation
means Table A or Table B as it reads on July 31, 2010 with respect
to a full-time learner who begins a training period under the
approved training program on or before July 31, 2010, until the end
of that training period or July 31, 2011, whichever is earlier.
(8.2) The following repealed provisions continue to apply with
respect to a member of a full-time learner household unit if the
full-time learner member begins a training period under the approved
training program on or before July 31, 2010, until the end of that
training period or July 31, 2011, whichever is earlier:
Schedule 2, s1;
Schedule 2, s13(1)(b).
Section 37 is amended by striking out "2010" and
substituting "2012".
Schedule 1 is amended in
Part 2 by repealing Table A
and substituting the following:
Table A: Core Essential Benefit
(monthly amounts)
Expected to
Work
Not Expected
to Work
Full-time
Learner
Single Adult
$ 260
$ 364
$ 511
Childless Couple
Single Adult With
1 Child
$ 343
$ 460
$ 888
2 Children
3 Children
4 Children
5 Children
6 Children
Each Additional
Child Add
$ 56
$ 56
$ 56
Couple With
1 Child
$ 521
$ 678
$1184
2 Children
3 Children
4 Children
5 Children
6 Children
Each Additional
Child Add
$ 56
$ 56
$ 56
Notes:
The Core Essential Table assumes all children are under 12
years of age. For each dependent child 12-19 years of age in
a household unit designated in the expected to work or
working or the not expected to work categories, add $33.
Schedule 2 is amended
(
a) by repealing
section 1;
(
b) in
section 13(1)
(
i) by striking out ", and" at the end of clause (a);
(ii) by repealing clause (b).
Schedule 3 is amended by repealing
section 13.
7(1) This Regulation, except for sections 3 and 6, comes
into force on August 1, 2010.
(2) Section 6 comes into force on April 1, 2010.
--------------------------------
Alberta Regulation 33/2010
Income and Employment Supports Act
TEMPORARY EMPLOYMENT AND JOB CREATION
PROGRAMS REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 100/2010)
on March 25, 2010 pursuant to
section 27 of the Income and Employment Supports
Act.
Table of Contents
Definitions
2 Employers
3 Job training/job creation programs
4 Repeal
5 Expiry
Definitions
1(1) In this Regulation,
(a) "Act" means the Income and Employment Supports Act;
(b) "non-profit corporation" means an organization that is
(
i) incorporated under the Societies Act,
(ii) registered under
Part 9 of the Companies Act,
(iii) formed under the Agricultural Societies Act,
(iv) formed under the Cemetery Companies Act,
(
v) registered under
Part 21 of the Business Corporations
Act if the extra-provincial corporation does not carry on
business for the purpose of gain, or
(vi) incorporated by a private Act of the Parliament of
Canada or of the Legislature if the corporation
(
A) does not pay dividends to its shareholders or any
part of its income to any member for that
member's personal benefit, and
(
B) does not distribute property to its shareholders or
members on its winding-up or dissolution.
Employers
2 The following are prescribed employers for the purpose of
section
27(1)(
a) of the Act:
(
a) the Government of Alberta or an agent delivering services on
its behalf;
(
b) a municipality under the Municipal Government Act;
(
c) a band under the Indian Act (Canada);
(
d) a settlement under the Metis Settlements Act;
(
e) a school jurisdiction under the School Act;
(
f) a municipal library or community board under the Libraries
Act;
(
g) a society under the Societies Act operating a nursing home
under the Nursing Homes Act;
(
h) the Alberta Blue Cross Plan under the ABC Benefits
Corporation Act;
(
i) an authority under the Regional Airports Authorities Act;
(
j) a regional health authority under the Regional Health
Authorities Act;
(
k) a board of a public post-secondary institution or a board of a
private college operating under the Post-secondary Learning
Act;
(
l) a non-profit corporation.
Job training/job creation programs
3 The following are prescribed as job training programs and
temporary job creation programs for the purpose of
section 27(1)(
b) and (
c) of the Act:
(
a) Work Foundations;
(
b) Training for Work;
(
c) Alberta Job Corps;
(
d) Summer Temporary Employment Program;
(
e) any other program approved by the Minister.
Repeal
4 The Temporary Employment and Job Creation Programs
Regulation (AR 380/2003) is repealed.
Expiry
5 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 March 31, 2018.
Alberta Regulation 34/2010
Income and Employment Supports Act
CHILD AND ADULT SUPPORT SERVICES AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 101/2010)
on March 25, 2010 pursuant to
section 33 of the Income and Employment Supports
Act.
1 The Child and Adult Support Services Regulation
(AR 61/2004) is amended by this regulation.
Section 7 is repealed.
Section 8 is amended by striking out "2010" and
substituting "2018".
--------------------------------
Alberta Regulation 35/2010
Income and Employment Supports Act
RECOVERY, ADMINISTRATIVE PENALTIES AND APPEALS
AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 102/2010)
on March 25, 2010 pursuant to
section 42 of the Income and Employment Supports
Act.
1 The Recovery, Administrative Penalties and Appeals
Regulation (AR 381/2003) is amended in
section 10 by
striking out "2010" and substituting "2012".
Alberta Regulation 36/2010
Insurance Act
INSURANCE AGENTS AND ADJUSTERS AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 107/2010)
on March 25, 2010 pursuant to sections 16 and 498 of the Insurance Act.
1 The Insurance Agents and Adjusters Regulation
(AR 122/2001) is amended by this Regulation.
Section 27(
d) is repealed and the following is
substituted:
(
d) equipment dealers;
(
e) real estate brokerages;
(
f) funeral services businesses.
3 The Classes of Insurance Regulation (AR 121/2001) is
amended in
section 1(1)(k.1) by striking out "recreational,
marine, farm implement or construction".
--------------------------------
Alberta Regulation 37/2010
Regulations Act
MISCELLANEOUS CORRECTION REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 113/2010)
on March 25, 2010 pursuant to
section 10 of the Regulations Act.
1 The Adult Guardianship and Trusteeship Regulation
(AR 219/2009) is amended
(
a) in
section 1(4) by striking out ", 43(2)" and
substituting "or 43(2)";
(
b) in
section 4(2)
(
i) in clause (
b) by striking out "financial matters,"
and substituting "financial matters, and";
(ii) in clause (c)
(
A) in subclause (ii)(
D) by striking out
"assessment," and substituting "assessment,
and";
(
B) in subclause (iii) by striking out "assessed,"
and substituting "assessed, and";
(
c) in
section 39(1)
(
i) in clause (
c) by striking out "and";
(ii) in clause (
d) by striking out "section 34(3)(
a) or
(4)(a)," and substituting "section 34(3)(
a) or (4)(a),
and";
(
d) in
section 52(
a) by striking out "section 47(2), (3) or
(4), and" and substituting "section 47(2), (3) or (4),";
(
e) in
section 69(2)
(
i) in clause (
a) by striking out "hearing;" and
substituting "hearing, and";
(ii) in clause (b)
(
A) in subclause (
i) by striking out "hearing;"
and substituting "hearing,";
(
B) in subclause (ii) by striking out "section 62;"
and substituting "section 62, and";
(
f) in
section 96 by striking out "shall," and substituting
"shall";
(
g) in Form 13 by renumbering items 5, 6, 5 and 7 as
items 4, 5, 6 and 7, respectively;
(
h) in Form 15 in
section 1 by striking out "?" and
substituting "1.1";
(
i) in Form 23
(
i) in item 1.4 by striking out "(have)";
(
i) in item 2.4 by striking out "alternative" and
substituting "alternate";
(iii) in item 3.3 by striking out "and within" and
substituting "within";
(
j) in Form 30 by striking out "being contacted";
(
k) in Form 34 by striking out "1 Provide the following
information for each proposed alternate trustee (if any)" and
substituting "2 Provide the following information for each
proposed alternate trustee (if any)".
2 The Alberta Elk Marketing Amendment Regulation
(AR 256/2009) is amended by repealing
section 8(
a) and
substituting the following:
(
a) in subsection (1) by striking out "in a manner" and
substituting "within the time specified by and in the
manner".
3 The Alberta Corporate Tax Regulation (AR 119/2008) is
amended
(
a) in
section 5.1(2)(b)(ii) by striking out "of the federal
notice of the federal notice" and substituting "of the
federal notice";
(
b) in
section 7.1(1) by striking out "the a taxation year"
and substituting "the taxation year".
4 The Alberta Elk Plan Regulation (AR 210/2002) is
amended in
section 42(2) by striking out "and Commission".
5 The Optometric Benefits Regulation (AR 202/2007) is
amended in
section 10 by renumbering clause (
a) as clause
(c), by renumbering clause (
b) as clause (
a) and by
renumbering clause (
c) as clause (
b) and reordering them
accordingly.
6 The Forest Resources Improvement Regulation
(AR 152/97) is amended in
section 2.1(4)(
a) and (
b) by
striking out "(AR 57/95)" and substituting "(AR 224/2001)".
7 The Lubricating Oil Material Recycling and Management
Regulation (AR 82/97) is amended in
section 3.1(4)(
a) and
(
b) by striking out "(AR 57/95)" and substituting
"(AR 224/2001)".
8 The Persons with Developmental Disabilities Community
Governance (Ministerial) Regulation (AR 181/2006) is
amended in the
Schedule
(
a) by striking out "Dependent Adults Act" and
substituting "Adult Guardianship and Trusteeship Act";
(
b) by striking out "dependent adult" and substituting
"represented adult".
9 The Specified Gas Reporting Regulation (AR 251/2004) is
amended in
section 2 by striking out "section 20" and
substituting "section 62".
10 The Transitional (Applications Made in Conformity with
the Dependent Adults Act; Certificates of Incapacity)
Regulation (AR 218/2009) is amended in
section 8 by
striking out "the following:".
11 The Wildlife Regulation (AR 143/97) is amended in
Schedules 2 and 3 in
section 2.1(4)(
a) and (
b) by striking out
"(AR 57/95)" and substituting "(AR 224/2001)".
--------------------------------
Alberta Regulation 38/2010
Health Insurance Premiums Act
HEALTH INSURANCE PREMIUMS AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 115/2010)
on March 25, 2010 pursuant to
section 21 of the Health Insurance Premiums Act.
1 The Health Insurance Premiums Regulation (AR 217/81)
is amended by this Regulation.
2 The
Schedule is amended
(
a) in item 9 by striking out "$41.00" and substituting
"$63.50";
(
b) in item 10 by striking out "82.00" and substituting
"$118.00";
(
c) in item 11 by striking out "28.70" and substituting
"$44.45";
(
d) in item 12 by striking out "57.40" and substituting
"$82.60".
3 This Regulation comes into force on July 1, 2010.
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Alberta Regulation 39/2010
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: March 26, 2010
For information only: Made by the Energy Resources Conservation Board on March
22, 2010 pursuant to
section 10(1)(
h) of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Regulations (AR 151/71)
are amended by this Regulation.
Section 4.021(1) is amended by striking out "and" at the
end of clause (a), by adding "and" at the end of clause (
b) and by adding the following after clause (b):
(
c) in the area outlined in the map set out in
Schedule 13B that is
in the designated strata and stratigraphic equivalents between
the top of the Smoky Group and the base of the Rock Creek
Member, 4 wells may be produced from each gas pool in a
section.
Section 4.030 is amended by adding the following after
subsection (2.1):
(2.2) The target area for those wells drilled or to be drilled in the
area of the Province outlined in
Schedule 13B shall be located at
least 200 metres from all boundaries of the section, in the case of a
gas well.
Schedule 13A is repealed and the following is
substituted:
Schedule 13A
Referred to in
Section 4.021
5 The following is added after
Schedule 13A:
Schedule 13B
Referred to in
Section 4.021
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Alberta Regulation 40/2010
Supportive Living Accommodation Licensing Act
SUPPORTIVE LIVING ACCOMMODATION LICENSING REGULATION
Filed: March 29, 2010
For information only: Made by the Minister of Seniors and Community Supports
(M.O. 002/2010) on March 25, 2010 pursuant to
section 24(2) of the Supportive
Living Accommodation Licensing Act.
Table of Contents
Interpretation
2 Application for licence
3 Renewal of licence
4 Responsibility of director
5 Insurance
6 Appeals
7 Standards
8 Transitional
9 Expiry
10 Coming into force
Schedules
Interpretation
1(1) In this Regulation, "Act" means the Supportive Living
Accommodation Licensing Act.
(2) For the purposes of
section 2(1)(
b) of the Act, "services related to
safety and security" includes day to day monitoring by an operator of
the safety and security of residents of the operator's supportive living
accommodation.
Application for licence
2(1) An application for a licence for a supportive living
accommodation must be in writing in the form set out in
Schedule 2
and must include
(
a) confirmation that the supportive living accommodation has
been inspected by an executive officer under the Public
Health Act,
(
b) confirmation of compliance with the Safety Codes Act for
new or renovated supportive living accommodations or
where there has been a change in the occupancy of the
supportive living accommodation,
(
c) confirmation of zoning approval, if required,
(
d) where the supportive living accommodation is housed in a
pre-existing building, confirmation of fire inspection of the
building,
(
e) confirmation of current insurance coverage in accordance
with
section 5, and
(
f) confirmation of the current corporate status of the operator of
the supportive living accommodation, if applicable.
(2) In addition to the requirements of subsection (1), an applicant for a
licence must also provide any other or further information the director
considers necessary in respect of the operation of the supportive living
accommodation.
(3) The director may exempt an applicant for a licence from any or all
of the requirements of subsection (1) where the director is satisfied that
the required confirmations cannot be provided due to circumstances
beyond the control of the applicant.
Renewal of licence
3(1) An application for a renewal of a licence for a supportive living
accommodation must be in writing in the form set out in
Schedule 2
and must include
(
a) documentation respecting any change in the most recent
information provided by the applicant in an application for a
licence under
section 2 or for a prior renewal of a licence
under this section, including
(
i) a copy of the most curr