Alberta Gazette — 30 April 2020 (Part II)

30 April 2020

Alberta — Gazette

Alberta Gazette — 30 April 2020 (Part II)

30 April 2020

Alberta — Gazette

Alberta Regulation 58/2020

Provincial Parks Act

PROVINCIAL PARKS (DISPOSITIONS)

AMENDMENT REGULATION

Filed: April 2, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 110/2020)

on April 2, 2020 pursuant to

section 12 of the Provincial Parks Act.

1 The Provincial Parks (Dispositions) Regulation

(AR 241/77) is amended by this Regulation.

Section 37 is repealed and the following is substituted:

37(1) No grazing disposition shall be issued to a corporation unless

the majority of the shares of the corporation are

(

a) owned by Canadian citizens or permanent residents within

the meaning of the Immigration and Refugee Protection Act

(Canada), and

(

b) held for the exclusive use and benefit of the shareholders and

not in the interests of or for the benefit of any other person.

(2) An application for a grazing disposition made by a corporation

under

section 4 shall be accompanied by the following:

(

a) a copy of the certificate of incorporation of the corporation or

other evidence satisfactory to the Minister of the corporate

status of the corporation;

(

b) a statement signed by an officer of the corporation setting out

the names, addresses and citizenship of each person holding a

share or shares allotted by the corporation and the number of

shares in the corporation allotted to each such person;

(

c) where the corporation is not incorporated in Alberta,

evidence that it is entitled to do business in Alberta;

(

d) where the corporation is a grazing association, evidence that

the association is incorporated under the Societies Act or the

Cooperatives Act and a copy of the bylaws of the corporation

in each case.

Alberta Regulation 59/2020

Public Lands Act

PUBLIC LANDS ADMINISTRATION (DISPOSITIONS)

AMENDMENT REGULATION

Filed: April 2, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 111/2020)

on April 2, 2020 pursuant to

section 9 of the Public Lands Act.

1 The Public Lands Administration Regulation

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

Section 52 is repealed and the following is substituted:

Limitation respecting corporation

52 No grazing disposition may be issued to a corporation with

share capital unless

(

a) the majority of the corporation's shares are beneficially

owned by persons who are Canadian citizens or permanent

residents within the meaning of the Immigration and Refugee

Protection Act (Canada), and

(

b) the shares are owned for the exclusive use and benefit of the

shareholders and not in the interests of or for the benefit of

any other person.

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

Alberta Regulation 60/2020

Responsible Energy Development Act

SPECIFIED ENACTMENTS (JURISDICTION)

AMENDMENT REGULATION

Filed: April 2, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 112/2020)

on April 2, 2020 pursuant to

section 26 of the Responsible Energy Development Act.

1 The Specified Enactments (Jurisdiction) Regulation

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

Schedule 1 is amended

(

a) in

section 6(

e) by striking out "3, 6 and 8" and

substituting "3 and 8";

(

b) by repealing

section 8(c).

3 This Regulation has effect on January 1, 2021.

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

Alberta Regulation 61/2020

Responsible Energy Development Act

RESPONSIBLE ENERGY DEVELOPMENT ACT

GENERAL AMENDMENT REGULATION

Filed: April 2, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 113/2020)

on April 2, 2020 pursuant to

section 78 of the Responsible Energy Development Act.

1 The Responsible Energy Development Act General

Regulation (AR 90/2013) is amended by this Regulation.

Section 1.1 is amended

(

a) by repealing subsection (1) and substituting the

following:

Described activity

1.1(1) For the purposes of

section 1(1)(i)(ii) of the Act,

(

a) the construction, operation and reclamation of a

work camp is a described activity;

(

b) the excavation of surface materials from public

land is a described activity where the materials

(

i) are clay, silt or sand, and

(ii) are not to be sold or used for a purpose other

than an energy resource activity.

(

b) in subsection (2) by striking out "subsection (1)" and

substituting "subsection(1)(a)".

3 This Regulation has effect on January 1, 2021.

Alberta Regulation 62/2020

Public Education Collective Bargaining Act

PUBLIC EDUCATION COLLECTIVE BARGAINING

AMENDMENT REGULATION

Filed: April 2, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 114/2020)

on April 2, 2020 pursuant to

section 19 of the Public Education Collective Bargaining

Act.

1 The Public Education Collective Bargaining Regulation

(AR 18/2016) is amended by this Regulation.

Section 1 is amended

(

a) in clause (

d) by striking out "section 4(1)(a)" and

substituting "section 15(2.1) of the Act";

(

b) in clause (

g) by striking out "section 4(2)" and

substituting "section 15(2.2) of the Act".

3 The following is added after

section 2:

Mandatory fees

2.1(1) TEBA is authorized to charge employers a mandatory fee.

(2) The mandatory fee charged under subsection (1) must be used

to pay for TEBA's operations and for matters relating to TEBA's

administration.

(3) In setting a mandatory fee, TEBA may specify

(

a) when and how payments may be made to TEBA, and

(

b) the consequences of late payments or failure to pay the

fee.

Section 4 is amended

(

a) in subsection (1)

(

i) by repealing clause (

a) and substituting the

following:

(a) 8 members appointed by the Minister;

(ii) in clause (b)

(

A) by striking out "6 members" and substituting

"7 members";

(

B) in subclause (iv) by striking out "one

member" and substituting "2 members";

(

b) by repealing subsection (2).

Section 7(2) is amended

(

a) by repealing clause (b)(iii) and substituting the

following:

(iii) in accordance with

section 15, ratification of any

agreement with respect to central terms referred to in

section 11(4) of the Act,

and

(

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

(

c) decisions relating to setting fees for the purposes of

section 2.1 of this Regulation and

section 18 of the Act.

6 The heading preceding

section 11 and sections 11 and

12 are repealed.

Section 14(1) is repealed.

Section 15 is repealed and the following is substituted:

Ratification by TEBA under

section 11 of Act

15(1) This

section applies for the purpose of ratification by TEBA

of an agreement referred to in

section 11(4) of the Act.

(2) The board of directors shall communicate the terms of any

proposed agreement to the trustee representatives for consultation

purposes.

(3) The agreement referred to in

section 11(4) of the Act is ratified

by TEBA if more than 50% of the board of directors who cast a

vote vote in the affirmative.

(4) The meeting at which the vote is held and the vote must be

conducted in accordance with the bylaws.

(5) The chair, or in the absence of the chair the individual who is

the acting chair for the meeting, is entitled to vote on ratification,

and in the event of a tie vote, must cast the deciding vote.

Section 18 is amended

(

a) in subsection (1) by striking out "initial";

(

b) in subsection (3) by striking out "referred to in

subsection (1) and subsequent bylaws".

Schedule 3 is repealed.

Schedule 4 is amended

(

a) in the heading by striking out "Initial Bylaws";

(

b) by repealing

Part 6;

(

c) in

Part 7,

section 14(1) by striking out ", so long as a

majority of those in attendance are members appointed under

section 4(1)(

a) of the Regulation";

(

d) in

Part 8,

section 21(1) by striking out "section 10(2)"

and substituting "section 9 of

Part 4".

Consequential amendment

12(1) The Designation and Transfer of Responsibility

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

(2) Section 8(2) is repealed.

(3) Section 20 is amended by adding the following after

subsection (2):

(2.1) The responsibility for the Public Education Collective

Bargaining Act, except

section 8(6), is transferred to the President

of Treasury Board and Minister of Finance.

13 This Regulation has effect on the coming into force of

section 4 of the Fiscal Measures and Taxation Act, 2020.

Alberta Regulation 63/2020

Public Health Act

FOOD AMENDMENT REGULATION

Filed: April 6, 2020

For information only: Made by the Minister of Health (M.O. 7/2020) on March 16,

2020 pursuant to

section 66(2)(c), (

d) and (

m) of the Public Health Act.

1 The Food Regulation (AR 31/2006) is amended by this

Regulation.

Section 1(1) is amended

(

a) in clause (

g) by striking out "or 6" and substituting ",

6 or 6.1";

(

b) in clause (

y) by adding ", without the need for

temperature control," after "that generally";

(

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

(y.1) "low-risk home-prepared food" means low-risk food

that

(

i) is only processed, prepared, packaged or labelled

by an individual in that individual's private

dwelling, and

(ii) does not contain any meat, poultry, seafood or

unpasteurized milk;

(y.2) "low-risk home-prepared food operator" means an

individual who processes, prepares, packages or labels

low-risk home-prepared food;

(

d) by repealing clause (aa) and substituting the

following:

(aa) "mobile food establishment" means a commercial food

establishment that is movable and capable of being

operated in varying locations;

(

e) by repealing clause (gg) and substituting the

following:

(gg) "place" includes any location, including, without

limitation,

(

i) a premises,

(ii) a vehicle, and

(iii) an outdoor area;

(

f) in clause (vv) by adding ", but does not include a food

establishment where low-risk home-prepared food is handled

in accordance with

section 42.1" after "special events".

Section 2 is amended

(

a) in subsection (1)

(

i) by repealing clause (

c) and substituting the

following:

(

c) Part 4 applies to special events,

(ii) in clause (

d) by striking out "and";

(iii) in clause (

e) by adding ", and" after "breakfasts";

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

(

f) Part 6.1 applies to the handling of low-risk home-

prepared food.

(

b) in subsection (2) by adding the following after

clause (i):

(i.1) any portion of a business that sells cannabis or cannabis

accessories, but no other food, under a licence issued

under

section 90.02 of the Gaming, Liquor and

Cannabis Act,

(i.2) any business whose activities are authorized under a

licence or permit issued under

section 62 of the

Cannabis Act (Canada),

Section 3 is amended

(

a) in subsection (2) by striking out "and 5" and

substituting ", 4, 5 and 6.1";

(

b) by repealing subsection (3) and substituting the

following:

(3) Notwithstanding subsection (1), a permit is not required for

(

a) the operation of

(

i) a community organization function,

(ii) a business that provides individually portioned

samples of a particular food at no charge for the

purpose of promoting the sale of that food,

(iii) a stall at a farmers' market, or

(iv) a temporary food establishment at a special event,

(

b) the handling of low-risk home-prepared food.

Section 5(2) is amended by adding "that is a vehicle as

defined in the Traffic Safety Act" after "mobile food establishment".

Section 17 is amended

(

a) in subsection (2) by striking out "The operator" and

substituting "Subject to subsection (2.1), the operator";

(

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

(2.1) The operator of a mobile food establishment or a

commercial food establishment that includes an outdoor food

handling area must ensure that the mobile food establishment or

outdoor food handling area is constructed to reasonably control

the entry of pests.

Section 21 is amended

(

a) by striking out subsection (1) and substituting the

following:

Pests and control measures

21(1) Subject to subsection (1.1), a commercial food

establishment must be kept free of pests and of conditions

that lead to the harbouring or breeding of pests.

(1.1) The following must be kept reasonably free of pests

and of conditions that lead to the harbouring or breeding of

pests:

(

a) any surrounding area, premises or facilities

supporting a commercial food establishment,

including any outdoor food handling areas of the

commercial food establishment;

(

b) a mobile food establishment.

(

b) in subsection (2) by striking out "subsection (1)" and

substituting "subsections (1) and (1.1)".

Section 36 is amended

(

a) by repealing subsection (1)(

d) and substituting the

following:

(

d) home-prepared food unless it is

(

i) protected in a manner adequate to prevent

customer handling and contamination, and

(ii) subject to subsection (1.1), labelled, prior to sale,

with the following information:

(

A) a statement that the food is prepared in a

home kitchen that is not subject to inspection;

(

B) a statement that the food is not for resale;

(

C) the name, business name, and email address

or phone number of the individual who

prepared the food product;

(

D) the name of the food product;

(

E) the date that the food product was prepared,

(

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

(1.1) Subsection (1)(d)(ii) does not apply to unprocessed

horticultural products.

9 The heading to

Part 4 is amended by striking out "and

Temporary Food Establishments".

Section 42 is amended

(

a) in clause (

i) by striking out "and";

(

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

(

k) all food that is liable under law to inspection by the

either, is obtained from a source that is subject to

inspection by that entity, and

(

l) no home-prepared foods are handled in the temporary

food establishment.

11 The following is added after

section 42:

Low-risk home-prepared food

42.1(1) A low-risk home-prepared food operator or any

individual assisting the low-risk home-prepared food operator may

operate a food establishment at a special event for the purpose of

selling low-risk home-prepared food.

(2) A low-risk home-prepared food operator must ensure that

(

a) the requirements of

section 52.2 are complied with,

(

b) no food other than low-risk home-prepared food

prepared by the operator is handled by the operator or

any individual assisting the operator at the special event,

(

c) all low-risk home-prepared food handled by the

operator or any individual assisting the operator at the

special event is packaged, and

(

d) the operator and any individual assisting the operator

have access to a handwashing station or hand sanitizer.

(3) A low-risk home-prepared food operator or any individual

assisting the operator may provide individually portioned samples

of a particular low-risk home-prepared food at no charge at a

special event for the purpose of promoting the sale of that food.

Section 44 is amended

(

a) by adding "temporary" after "operator of a";

(

b) by adding "temporary" after "ensure that the".

13 The following is added after

section 52:

Part 6.1

Low-risk Home-prepared Food

Handling of low-risk home-prepared food

52.1(1) A low-risk home-prepared food operator shall only

handle low-risk home-prepared food

(

a) at the private dwelling where that operator prepares the

food, or

(

b) in accordance with

section 42.1.

(2) No person shall resell low-risk home-prepared food or sell

food that contains a low-risk home-prepared food used as an

ingredient.

Food handling requirements

52.2(1) A low-risk home-prepared food operator must

(

a) ensure that all food that is liable under law to inspection

agency of either, is obtained from a source that is

subject to inspection by that entity,

(

b) ensure that any water used in the processing or

preparation of food is safe for human consumption,

(

c) ensure that all food handling is done in a manner that

makes the food safe to eat,

(

d) ensure that all food is

(

i) protected from contamination, and

(ii) handled in a sanitary manner,

(

e) ensure that any food that has become contaminated or

otherwise unfit for human consumption is not served,

offered for sale, processed, packaged, displayed or

stored for human consumption,

(

f) subject to subsection (2), ensure that food is labelled,

prior to sale, with the following information:

(

i) a statement that the food is prepared in a home

kitchen that is not subject to inspection;

(ii) a statement that the food is not for resale;

(iii) the name, business name and email address or

phone number of the low-risk home-prepared food

operator;

(iv) the name of the food product;

(

v) the date that the food product was prepared,

(

g) subject to subsection (3), ensure that no food is served

for the purpose of the consumption of that food in the

private dwelling where that food is sold, and

(

h) ensure that water is not sold or offered for sale.

(2) Subsection (1)(

f) does not apply to unprocessed horticultural

products.

(3) A low-risk home-prepared food operator may provide

individually portioned samples of a particular low-risk home-

prepared food at no charge in the private dwelling where that food

is sold for the purpose of promoting the sale of that food.

(4) A low-risk home-prepared food operator must not handle food

if prohibited from working by or under the Communicable

Diseases Regulation (AR 238/85).

14 This Regulation has effect on June 1, 2020.

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

Alberta Regulation 64/2020

Provincial Offences Procedure Act

PROCEDURES (FOREST AND PRAIRIE PROTECTION)

AMENDMENT REGULATION

Filed: April 14, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 116/2020)

on April 14, 2020 pursuant to

section 42 of the Provincial Offences Procedure Act.

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

this Regulation.

2 The

Schedule is amended by repealing Parts 8, 9 and 10

and substituting the following:

Part 8

Forest and Prairie Protection Act

1 The specified penalty payable in respect of a contravention of a

provision of the Forest and Prairie Protection Act shown in Column 1

is the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty in

Dollars)

14(3)(a)

14(3)(b)

18(1), (2) or

(3) 500

21(3)

22(a), (b), (c), (

d) or

(e)

26(1)

26.2

31.3(2)

32(2.2)

Part 9

Regulation under the Forest

and Prairie Protection Act

Forest and Prairie Protection Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Forest and Prairie Protection Regulation shown in

Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty in

Dollars)

3(a)

3(b)

3(

c) or (d)

3(e)

4(2)

6(1), (2)(

a) or (b)

8(2)(a), (b), (c), (

d) or (e)

8(3)

9(1) or (3)

10(1) or (2)

Part 10

Regulation under the

Forest and Prairie Protection Act

Forest and Prairie Protection (Ministerial) Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Forest and Prairie Protection (Ministerial) Regulation

shown in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

2(1) or (2)

6(1) or (2)

10(a)

11(4)

3 This Regulation has effect on April 15, 2020.

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

Alberta Regulation 65/2020

Adult Interdependent Relationships Act

ADULT INTERDEPENDENT PARTNER AGREEMENT

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: April 15, 2020

For information only: Made by the Minister of Justice and Solicitor General (MO 28/2020)

on April 9, 2020 pursuant to

section 13 of the Adult Interdependent Relationships Act.

1 The Adult Interdependent Partner Agreement Regulation

(AR 66/2011) is amended by this Regulation.

Section 2 is amended by striking out "June 30, 2020" and

substituting "June 30, 2030".

Document details

CollectionAlberta — Gazette
Citation30 April 2020
Typegazette
Volume / chapter08 Apr30 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifier5cf1aedd35a457ae26b8d5cd34308d85ceedefe3

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