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Section 37 is repealed and the following is substituted: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Section 52 is repealed and the following is substituted: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".