Alberta Regulation 104/96

Apprenticeship and Industry Training Act

DESIGNATION OF OCCUPATIONS AMENDMENT REGULATION

Filed: June 3, 1996

Made by the Minister of Advanced Education and Career Development pursuant

section 36(1) of the Apprenticeship and Industry Training Act.

1 The Designation of Occupations Regulation (Alta. Reg. 67/95) is amended

by this Regulation.

Section 1 is amended by adding the following after clause (b):

(

c) effective August 1, 1996, the occupation of Warehousing.

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

Alberta Regulation 105/96

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: June 6, 1996

Made by the Alberta Energy and Utilities Board pursuant to

section 10 of

the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulation (Alta. Reg. 151/71) is amended

by this Regulation.

Section 16.060(2) is repealed and the following is substituted:

16.060(2) The administration fee set out in the notice shall be paid

by the operator within thirty days of the mailing date shown on the notice.

Section 16.060(3) is repealed and the following is substituted:

16.060(3) Any administration fee or part thereof not paid within

thirty days of the mailing date shown on the notice shall be subject to the

addition of a penalty of 20% of the unpaid administration fee unless the

Board otherwise orders.

Section 16.081(1) is repealed and the following is substituted:

16.081(1) For the 1996/1997 fiscal year of the Board, an annual

adjustment factor of 0.66 shall be applied to the administration fees in

section 16.070.

Section 16.081(2) is repealed and the following is substituted:

16.081(2) For the 1996/1997 fiscal year of the Board, an annual

adjustment factor of 1.34 shall be applied to the administration fees in

section 16.080.

Section 16.100 is repealed and the following is substituted:

16.100 For the purposes of

Part 11 of the Act, the prescribed date

for the 1996/1997 fiscal year of the Board is 31 March 1997.

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Alberta Regulation 106/96

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

AMENDMENT REGULATION

Filed: June 12, 1996

Made by the Lieutenant Governor in Council (O.C. 248/96) pursuant to

section 13 of the Assured Income for the Severely Handicapped Act.

1 The Assured Income for the Severely Handicapped Regulation (Alta. Reg.

331/79) is amended by this Regulation.

Schedule 1 is amended in

section 1 by adding the following after clause

(r):

(

s) money received from the Government of Alberta to assist a

person with a disability in purchasing services that will enable the person

to live in the community.

3 This Regulation comes into force on July 1, 1996.

Alberta Regulation 107/96

Social Development Act

SOCIAL ALLOWANCE AMENDMENT REGULATION

Filed: June 12, 1996

Made by the Lieutenant Governor in Council (O.C. 249/96) pursuant to

section 30 of the Social Development Act.

1 The Social Allowance Regulation (Alta. Reg. 213/93) is amended by this

Regulation.

Section 1 is amended by adding the following after clause (d):

(d.1) "Department" means the Department of Family and Social

Services;

Section 7 is amended by adding the following after clause (y):

(

z) money received from the Government of

Alberta to assist a person with a disability

in purchasing services that will enable

the person to live in the community 100% exempt

Section 9(

c) is repealed.

Section 26(

b) is amended by striking out "Department of Family and

Social Services" and substituting "Department".

Part 4 is repealed.

7 This Regulation comes into force on July 1, 1996.

Alberta Regulation 108/96

Treasury Branches Act

TREASURY BRANCHES REGULATION

Filed: June 12, 1996

Made by the Lieutenant Governor in Council (O.C. 252/96) pursuant to

sections 2.1 and 18 of the Treasury Branches Act.

1 In this Regulation, "board" means the board of directors appointed under

section 2.1 of the Act.

2 The board may not exercise or perform any of the powers or duties of the

Minister under

section 2.4(2), 3.7, 9(5), 14(1) or (2) or 15(1) of the Act.

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Alberta Regulation 109/96

Public Sector Pension Plans Act

SPECIAL FORCES PENSION PLAN AMENDMENT REGULATION

Filed: June 12, 1996

Made by the Lieutenant Governor in Council (O.C. 254/96) pursuant to

Schedule 4,

section 4 of the Public Sector Pension Plans Act.

1 The Special Forces Pension Plan (Alta. Reg. 369/93) is amended by this

Regulation.

Section 2 is amended by adding the following after clause (u.2):

(v) "leave with partial salary" means a period during which a

participant is, with the authority of his employer, on leave from a portion

of the regular duties of his employment and is receiving remuneration that

is less than regular salary from his employer, but does not include a

period during which he is in receipt of benefits under a disability plan or

any period after 1991 that is not an eligible period of reduced pay under

the tax rules;

Section 4(1) is amended by repealing clause (

b) and substituting the

following:

(

b) any period after 1991 of leave without or with partial pay or

salary where the aggregate of all the periods of leave without pay or

salary, both before and after January 1, 1992, and of all unsalaried

portions of periods of leave with partial pay (as that term is used in the

tax rules) occurring after 1991 was in excess of 3 years,

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Alberta Regulation 110/96

Government Organization Act

HOUSING GRANTS AMENDMENT REGULATION

Filed: June 12, 1996

Made by the Lieutenant Governor in Council (O.C. 262/96) pursuant to

section 13 of the Government Organization Act.

1 The Housing Grants Regulation (Alta. Reg. 204/84) is amended by this

Regulation.

Schedule 1.1 is amended

(

a) by adding the following after

section 4:

4.1 Where

(

a) an application is made under

section 2, 3 or 4,

(

b) the household income for the calendar year

preceding the year in which the application is made exceeds the maximum

eligible amount under that section, and

(

c) in the opinion of the Minister, a hardship is

involved,

the calculation of household income for the purpose of the

application may be based on the projected household income for the 12

months immediately following the date of the application.

(

b) in

section 7(2.1) by striking out "1997" and substituting

"2000";

(

c) in

section 11(3) by striking out "40 months" and substituting

"16 months".

Alberta Regulation 111/96

Real Estate Act

EXEMPTION REGULATION

Filed: June 12, 1996

Made by the Lieutenant Governor in Council (O.C. 267/96) pursuant to

section 83 of the Real Estate Act.

Definitions

1 In this Regulation,

(a) "Act" means the Real Estate Act;

(b) "management body" means a management body that is established

under

section 5 of the Alberta Housing Act and is operating and

administering housing accommodation under that Act;

(c) "non-profit organization" means

(

i) an organization constituted exclusively for

charitable or benevolent purposes where no part of its income is payable to

or otherwise available for the personal benefit of any proprietor, member

or shareholder, and

(ii) a management body;

(d) "subsidized residential premises" means residential premises

rented to a tenant of low income who pays rent

(

i) that is reduced by reason of public funding

their agents, under the National Housing Act (Canada) or the Alberta

Housing Act, and

(ii) that is determined by the tenant's income.

Exemption from Act

2(1) The following persons are exempted from the Act as it relates to

acting as a real estate broker, except

Part 2, Division 2:

(

a) an on-site manager who, on behalf of a real estate broker or an

owner of residential property,

(

i) maintains residential property,

(ii) collects rent on behalf of the broker or owner in

respect of residential property,

(iii) shows residential property to prospective tenants,

(iv) receives applications in respect of residential

property from prospective tenants,

but who does not negotiate or approve leases or rental

agreements or hold rental or other money in respect of residential property

on behalf of the broker or owner;

(

b) a person who is licensed under the Retail Home Sales Business

Licensing Regulation (Alta. Reg. 189/82) and is carrying on business in

accordance with that Regulation;

(

c) a non-profit organization, or an employee, official or member

of the organization, with respect to its or his

(

i) leasing or renting of subsidized residential

premises,

(ii) collecting or offering or attempting to collect

money payable as

(

A) rent for the use of subsidized

residential premises, or

(

B) contributions for the control,

management or administration of subsidized residential premises,

(iii) acting, advertising, conducting or negotiating

directly or indirectly in furtherance of any activity referred to in

subclauses (

i) and (ii)

on behalf of the owner or other person in charge of the

subsidized residential premises.

(2) The following persons and classes of persons are exempt from the

provisions of the Act as it relates to acting as a mortgage broker:

(

a) a corporation, in respect of mortgages given to it in

conjunction with a scheme or arrangement to provide housing for its own

employees or the employees of a parent, subsidiary or affiliated

corporation;

(

b) a corporation, in respect of mortgages given to it by its

dealers, agents or lessees;

(

c) Federated Co-operatives Limited;

(

d) Netherlands Emigration Board;

(

e) Western Builders Capital Limited;

(

f) Agriculture Financial Services Corporation.

Sunset

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

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

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

expires on June 30, 2001.

Coming into force

4 This Regulation comes into force on July 1, 1996.

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

Alberta Regulation 112/96

Regulations Act

MISCELLANEOUS REPEAL REGULATION (NO. 3)

Filed: June 12, 1996

Made by the Lieutenant Governor in Council (O.C. 269/96) pursuant to

section 10 of the Regulations Act.

1 The following regulations are repealed on July 1, 1996:

(

a) Agents' Accounting Regulation (Alta. Reg. 401/88);

(

b) General (Ministerial) Regulation (Alta. Reg. 161/91);

(

c) Errors and Omissions Insurance Regulation (Alta. Reg. 259/91);

(

d) Prospectus Regulation (Alta. Reg. 209/81);

(

e) Qualifications and Fees Regulation (Alta. Reg. 393/84);

(

f) Real Estate Assurance Fund Regulation (Alta. Reg. 394/84);

(

g) Alberta Real Estate Foundation Regulation (Alta. Reg. 358/91);

(

h) Real Estate Management Accounting Regulation (Alta. Reg.

159/91);

(

i) Mortgage Brokers Regulation (Alta. Reg. 155/83);

(

j) Mortgage Broker Bond and Form Regulation (Alta. Reg. 159/83).

Alberta Regulation 113/96

Real Estate Act

REAL ESTATE (MINISTERIAL) REGULATION

Filed: June 13, 1996

Made by the Minister of Municipal Affairs (M.O. H:43/96) pursuant to

section 83(2) of the Real Estate Act.

Table of Contents

Definitions 1

Alberta Real Estate Foundation

Board of Governors 2

Term of office 3

Vacancies 4

Chair 5

Quorum 6

Fiscal year 7

Trust account interest 8

Real Estate Assurance Fund

Payments from Fund 9

Assessments 10

Payment from Fund 11

Maximum claim 12

Pro rata payment 13

Prescribed winding-up amount 14

Additional Fund purposes 15

Sunset 16

Coming into force 17

Definitions

1 In this Regulation,

(a) "Act" means the Real Estate Act;

(b) "Foundation" means the Alberta Real Estate Foundation;

(c) "Fund" means the Real Estate Assurance Fund.

Alberta Real Estate Foundation

Board of Governors

2(1) Subject to subsection (2), the board of governors of the Alberta Real

Estate Foundation shall consist of the following members:

(a) 2 persons who are appointed by the Alberta Real Estate

Association;

(b) 2 persons who are appointed by the Real Estate Council of

Alberta;

(

c) one person, who is not in the industry, who is appointed by the

current members of the board then in office and is, in the opinion of those

members, representative of the interests of real estate consumers;

(

d) one person, who is not in the industry, who is appointed by the

current members of the board then in office and is, in the opinion of those

members, representative of Alberta businesses;

(

e) one person, who is not in the industry, who is appointed by the

current members of the board then in office and who, in the opinion of

those members, possesses special skills or experience to assist the board

in carrying out the Foundation's purposes.

(2) The members of the board of governors referred to in subsection

(1) may appoint as an additional member the immediate past chair of the board,

for one term only of not more than 2 years.

Term of office

3(1) A member of the board of governors referred to in

section 2(1) may be

appointed for a term of not more than 3 years.

(2) A person may not be appointed as a member of the board of governors

under

section 2(1) for more than 2 consecutive terms.

(3) Notwithstanding that the term of office of a member has expired, the

member remains in office until a successor is appointed.

Vacancies

4(1) Where a vacancy occurs on the board of governors, a person may be

appointed to fill the vacancy for the balance of the term of office, in the

same manner as the member whose office became vacant was appointed.

(2) No vacancy on the board of governors impairs the right of the

remaining members to act while the vacancy exists.

Chair

5(1) The board of governors shall select a person as chair from among its

members.

(2) A person may not serve as chair for more than 2 consecutive years.

Quorum

6 A majority of the persons appointed as members of the board of

governors is a quorum at a meeting of the board.

Fiscal year

7 The fiscal year of the Foundation is from November 1 to October 31.

Trust account interest

8(1) Sections 25(5) and 68 of the Act apply only in respect of industry

members who are real estate agents within the meaning of the rules under

section 12 of the Act.

(2) An industry member referred to in subsection (1) who maintains a trust

account referred to in

section 68 of the Act and is credited with interest

on money in the account by a bank, trust company, credit union or treasury

branch shall instruct the bank, trust company, credit union or treasury

branch in writing to pay to the Foundation at least quarterly the interest

less allowable service charges.

(3) A bank, trust company, credit union or treasury branch that pays

interest to the Foundation pursuant to this Regulation shall ensure that

(

a) each payment is accompanied by a statement that sets out the

interest and service charge calculations and is in a form acceptable to the

Foundation, and

(

b) a copy of the statement is sent to the industry member to whom

the trust account relates on the request of the industry member.

(4) An industry member who deposits money in an account as required by

section 25(1)(

c) of the Act is not required to account to any person other

than the Foundation for interest earned on the account.

Real Estate Assurance Fund

Payments from Fund

9 For the purposes of

Part 4 of the Act, money may be paid from the Fund

where the judgment referred to in

section 56(3) of the Act is in respect of

a real estate agent, designated representative or sales person within the

meaning of the rules under

section 12 of the Act.

Assessments

10 Real estate agents, designated representatives and sales persons, and

applicants to become real estate agents, designated representatives and

sales persons, within the meaning of the rules under

section 12 of the Act

are liable for assessments for the purposes of

section 56(5) of the Act:

Payment from Fund

11(1) No payment from the Fund shall be made under

section 59 of the Act

unless an application in writing for compensation from the Fund is received

by the Council

(

a) within one year from the date on which a judgment referred to

section 59 of the Act becomes final by reason of lapse of time or of

being confirmed by the highest court to which that judgment may be

appealed, and

(

b) within 3 years from the time that the industry member with

respect to whom the judgment has been obtained was last registered in the

register referred to in

section 62(3) of the Act.

(2) In addition to the application referred to in subsection (1), an

applicant shall also provide the Council with the following:

(

a) the judgment with respect to which the application is made;

(

b) the statement of claim that initiated the action to which the

judgment relates;

(

c) a certificate of the clerk of the court that issued the

judgment to the effect that the time for appeal from the judgment has

expired and that no notice of appeal has been filed;

(

d) an irrevocable assignment of the judgment from the applicant to

the Council, in a form acceptable to the Council.

Maximum claim

12 The maximum payment that may be paid from the Fund under

section 59 of

the Act

(

a) to any applicant, is $25 000, and

(

b) with respect to all claims against the industry member, is $250

Pro rata payment

13 If the aggregate of claims under

section 59 of the Act against an

industry member exceeds $250 000, applicants shall be paid on a pro rata

basis.

Prescribed winding-up amount

14(1) For the purpose of

section 61(1) of the Act, the amount of the Fund

is hereby prescribed as $1 000 000.

(2) In calculating the amount of the Fund for the purposes of subsection

(1), the following shall be considered:

(

a) the money received from the levy of assessments under

section

56(5) of the Act;

(

b) the income from the investment of the money in the Fund

excluding the income used to pay administration costs in accordance with

section 56(9) of the Act;

(

c) the amount of insurance obtained by the Council to protect the

Fund from claims or loss.

Additional Fund purposes

15(1) The prescribed amount for the purposes of

section 56(4) of the Act

is $1 000 000.

(2) The Council may, with the prior written approval of the Minister, use

money in the Fund that is in excess of the prescribed amount referred to in

subsection (1) for the following purposes:

(

a) any purpose incidental to and conducive to the reduction of

claims against the Fund under

section 59 of the Act or the reduction of

claims due to professional errors and omissions of industry members

referred to in

section 9 of this Regulation;

(

b) promotion of higher professional standards of practice among

such industry members.

Sunset

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

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

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

expires on June 30, 2001.

Coming into force

17 This Regulation comes into force on July 1, 1996.

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

Alberta Regulation 114/96

Alberta Housing Act

RENT SUPPLEMENT AMENDMENT REGULATION

Filed: June 13, 1996

Made by the Minister of Municipal Affairs (M.O. H:044/96) pursuant to

section 34(1) of the Alberta Housing Act.

1 The Rent Supplement Regulation (Alta. Reg. 75/95) is amended by this

Regulation.

Section 2 is amended

(

a) in subsection (1)(

a) by striking out "manner in" and

substituting "basis on";

(

b) by repealing subsection (2) and substituting the following:

(2) The Minister may reallocate a designation where the

designation is withdrawn under

section 3(a), (b), (c), (

d) or (e).

(

c) in subsection (3) by adding "or reallocate" after "allocate".

Section 3 is amended

(

a) by adding "from a management body" after "designation";

(

b) in clause (a)

(

i) by adding "this Regulation or" after "a provision

of";

(ii) by striking out "community";

(

c) by repealing clause (

d) and substituting the following:

(

d) where the operating agreement relating to that

designation expires;

(d.1) where funding provided under the National Housing

Act (Canada) relating to that designation expires;

Section 5 is amended

(

a) by renumbering it as

section 5(1);

(

b) in subsection (1) by striking out "in a form prescribed by the

Minister";

(

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

(2) The form and content of the operating agreement shall be

determined by the Minister.

(3) No term of the operating agreement may be changed or omitted in

any way by either of the parties to the agreement unless agreed to in

writing by the Minister.

Section 9 is repealed.

6 This Regulation comes into force on July 1, 1996.

Alberta Regulation 115/96

Child Welfare Act

ADOPTION AMENDMENT REGULATION

Filed: June 14, 1996

Made by the Minister of Family and Social Services pursuant to

section

96(2) of the Child Welfare Act.

1 The Adoption Regulation (Alta. Reg. 3/89) is amended by this

Regulation.

Section 29 is amended

(

a) by repealing clause (

a) and substituting the following:

(a) "adopted person" means a person who is 18 years of

age or over and who was adopted in accordance with this Act or any

predecessor to this Act;

(a.1) "adoption search" means a search conducted by an

agency for the location of a family member;

(

b) by repealing clause (

d) and substituting the following:

(d) "family member" means

(

i) with respect to an applicant who is an

adopted person

(

A) a biological parent of the

applicant;

(

B) a biological adult sibling

of the applicant;

(

C) if a biological parent of

the applicant is deceased, any adult related by blood to the deceased

parent;

(ii) with respect to any other applicant, an

adopted person who is the biological child or the sibling of the applicant;

Section 30 is amended

(

a) in subsection (1) by adding ", except in subsection (2)(d)(i),"

after ""applicant"";

(

b) in subsection (2)(d)(

i) by striking out "for applicants and

family members" and substituting "for applicants under

section 66.2 of the

Act and for family members".

Section 34(1) is repealed and the following is substituted:

Application for an adoption search

34(1) An application for an adoption search may be made to an agency

on Form

Section 36(

a) is repealed and the following is substituted:

(

a) ensure that no identifying information about the applicant is

provided to that person, other than

(

i) in the case of an applicant who is an adopted

person, the applicant's birth name or

(ii) in the case of any other applicant, the applicant's

name at the time the applicant's family member was adopted,

and

Section 37 is amended

(

a) in subsection (2)(

e) by adding "if the applicant is an adopted

person," before "of the applicant's right";

(

b) in subsection (4)(

d) by adding "if the family member is a

person described in

section 29(d)(i)," before "explain to the family

member".

Section 44(3) is amended by adding "for each family member who is the

subject of an adoption search by the applicant" after "only once".

8 Forms 10, 11 and 12 are repealed and the following is substituted:

FORM 10

APPLICATION FOR AN ADOPTION SEARCH

Name: (first name) (middle name) (last name)

Address: (street, apt #, P.O. Box #)

(city,town,county) (province) (postal

code)

Telephone No. (residence)

(business)

Previous names

To: (name of licensed search agency)

Address:

Applicant Information

I am

an adopted person (complete sections 3 and 6)

a birth parent of an adopted person (complete sections 4

and 6)

a sister or brother of an adopted person (complete

sections 5 and 6)

Search Information for Adopted Person

I would like you to search for: my birth mother,

my birth father, my birth sisters and brothers.

If my birth parent is dead, I would like you to search for any

adult related by blood to that birth parent Yes No

Date of adoption

Date of birth

Place of birth

My adoptive mother is (last name) (first name)

My adoptive father is (last name) (first name)

I believe I have the following birth brothers and sisters.

(Please give names and any details you know about sisters and brothers. If

you need more space, attach a separate sheet):

Search Information for Birth Parent

I would like you to search for:

my birth son my birth daughter

whose name was (last name)

Place of birth

Date of birth

Search Information for

Sister and/or Brother

I would like you to search for my adopted sister or

brother.

I believe I have the following adopted sisters and brothers.

(Please give names and any details you know about sisters and brothers. If

you need more space, attach a separate sheet):

Signatures

I understand that a director will give you identifying information

about me and my birth family to help you with the search.

(witness) (signature of applicant)

FORM 11

CONSENT BY FAMILY MEMBER

To: (name of licensed search agency)

(address)

Consent

I am (name of family member) . I understand that my

(relationship to applicant) has asked you to find me.

I give you my consent to reunite him or her with me.

I give you my consent to give him or her any information

you have that identifies who I am.

Signatures

(witness) (signature of family

member)

FORM 12

VETO

To: A director

Alberta Family and Social Services

c/o (name of licensed search agency)

(address)

Veto

I am (name of family member) . I understand that my

(relationship to applicant) has asked a licensed search agency to find

me. I do not want to be reunited with him or her.

1. I forbid the release of any information that identifies

who I am, except for the information I have provided below.

2. I give my consent to give the applicant the following

medical and/or other information about me:

I understand that even if I register this veto form, the applicant

still might find another birth family member. That member might give out

information about me. I understand that even if I register this veto form,

the applicant still might find me or get information about me some other

way.

I understand that I may cancel this veto any time by writing to the

Post Adoption Registry.

Signatures

(witness) (signature of family

member)

9 This Regulation comes into force on July 1, 1996.