Alberta Regulation 71/95

Maintenance Enforcement Act

MAINTENANCE ENFORCEMENT AMENDMENT REGULATION

Filed: April 5, 1995

Made by the Lieutenant Governor in Council (O.C. 305/95) pursuant to

section 36 of the Maintenance Enforcement Act.

1 The Maintenance Enforcement Regulation (Alta. Reg. 2/86) is amended by

this Regulation.

2 The following is added after

section 2:

Information, authorizations from creditor

2.1 A creditor must provide the Director with the information and

authorization required to enable the Director to make direct deposits of

maintenance payments into the creditor's bank, credit union, trust

corporation or treasury branch account.

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Alberta Regulation 72/95

Government Organization Act

SCHOOL GRANTS REGULATION

Filed: April 5, 1995

Made by the Lieutenant Governor in Council (O.C. 306/95) pursuant to

section 13(2) of the Government Organization Act.

Table of Contents

Definitions 1

Authority of Minister 2

Purpose 3

Application 4

Payment of grant 5

Conditions 6

Use of grant 7

Deductions 8

Accountability 9

Repeal 10

Definitions

Definitions in the School Act apply to this Regulation.

Authority of Minister

2(1) The Minister of Education is authorized to make grants in accordance

with this Regulation.

(2) The Minister may delegate any power conferred or duty imposed on the

Minister under

section 13 of the Government Organization Act or this

Regulation in writing to any employee of the Government who is under the

administration of the Minister.

Purpose

3 The Minister may make grants to a board, other person or organization

for purposes related to the education of children in early childhood

services programs or students in school programs.

Application

4 A board, other person or organization may apply to the Minister for a

grant in the form required by the Minister.

Payment of grant

5(1) The Minister may provide for the payment of a grant in a lump sum or

by way of instalments at the times at which the Minister considers

appropriate.

(2) The Minister may enter into an agreement with a board, other person or

organization with respect to any matter relating to a grant.

Conditions

6(1) The Minister may make a grant subject to any conditions that the

Minister considers necessary.

(2) The Minister may stipulate circumstances under which all or part of a

grant made for an identified purpose may be used for another purpose.

Use of grant

7(1) The recipient of a grant must use the money

(

a) only for the purposes for which the grant is made, or

(

b) if, with the consent of the Minister, the original purposes for

which the grant is made are varied by the person or organization that

applied for and received the grant, only for the purposes as varied.

(2) The recipient of a grant must comply with any conditions imposed by

the Minister or under this Regulation.

(3) If the recipient of a grant does not use all of the money for the

purposes for which the grant is made, the Minister may require the

recipient

(

a) to repay all or part of the money to the Provincial Treasurer,

(

b) to use the balance of the money for purposes approved by the

Minister.

Deductions

8 The Minister is authorized

(

a) to determine circumstances under which deductions may be made

from a grant before it is paid to the recipient,

(

b) to make deductions from the grant, and

(

c) to use the money so deducted to pay money to a person that

should otherwise be paid by the recipient to that person.

Accountability

9(1) The Minister may at any time require a recipient of a grant to

provide information to the Minister so that the Minister may determine

whether the recipient is complying with any conditions imposed and is using

the money as required under this Regulation.

(2) The Minister may require the recipient of a grant to repay all or part

of the money to the Provincial Treasurer if the recipient does not comply

with any conditions imposed by the Minister or under this Regulation or

does not use the money as required under this Regulation.

Repeal

10(1) The School Grants Regulations (Alta. Reg. 171/76) are repealed.

(2) The Grants for Special Projects Regulations (Alta. Reg. 324/70) are

repealed.

Alberta Regulation 73/95

Government Organization Act

CAPITAL CITY RECREATION PARK RESTRICTED DEVELOPMENT

AREA REPEAL REGULATION

Filed: April 5, 1995

Made by the Lieutenant Governor in Council (O.C. 308/95) pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Capital City Recreation Park Restricted Development Area Regulation

(Alta. Reg. 9/78) is repealed.

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Alberta Regulation 74/95

Government Organization Act

EDMONTON-FORT SASKATCHEWAN RESTRICTED DEVELOPMENT

AREA REPEAL REGULATION

Filed: April 5, 1995

Made by the Lieutenant Governor in Council (O.C. 309/95) pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Edmonton-Fort Saskatchewan Restricted Development Area Regulations

(Alta. Reg. 285/74) are repealed.

Alberta Regulation 75/95

Alberta Housing Act

RENT SUPPLEMENT REGULATION

Filed: April 11, 1995

Made by the Minister of Municipal Affairs (M.O. H:096/95) pursuant to

section 34 of the Alberta Housing Act.

Table of Contents

Interpretation and application 1

Designations 2

Revocation of designation 3

Landlord's application 4

Operating agreement 5

Management body's obligations 6

Application to landlord 7

Rent supplement 8

Reimbursement for damages 9

Transitional 10

Coming into force 11

Interpretation and application

1(1) In this Regulation,

(a) "Act" means the Alberta Housing Act;

(b) "designation" means a per unit entitlement to provide a rent

supplement;

(c) "household" means a household within the meaning of the Social

Housing Accommodation Regulation (Alta. Reg. 244/94);

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

under the Act and whose purposes include providing rent supplement housing

accommodation;

(e) "operating agreement" means an operating agreement referred to

section 5;

(f) "rent supplement housing accommodation" means rent supplement

housing accommodation applied for or provided under this Regulation;

(g) "suitable and adequate" with respect to rent supplement housing

accommodation means suitable and adequate as determined under the Social

Housing Accommodation Regulation (Alta. Reg. 244/94).

(2) The Minister may exempt persons and housing accommodation from the

application of any of the provisions of this Regulation, subject to any

Designations

2(1) The Minister shall

(

a) determine the number of designations that are necessary in the

Minister's opinion to provide households with suitable and adequate rent

supplement housing accommodation and the manner in which the designations

should be allocated among management bodies, and

(

b) allocate the designations among management bodies.

(2) The Minister may reallocate a designation in the following

circumstances:

(

a) where the designation is withdrawn under

section 3;

(

b) where the designation expires according to its terms;

(

c) where the Minister and the management body that holds the

designation agree that it should be reallocated.

(3) The Minister may allocate a designation subject to any terms and

conditions the Minister considers appropriate.

Revocation of designation

3 The Minister may withdraw a designation in the following circumstances:

(

a) where a management body or a landlord contravenes a term of an

operating agreement or a provision of the Social Housing Accommodation

Regulation (Alta. Reg. 244/94) as it relates to the provision of community

social housing accommodation;

(

b) where the housing accommodation is used for purposes other than

providing rent supplement housing accommodation;

(

c) where the housing accommodation is vacant for at least 2

consecutive months;

(

d) where the Minister considers that the housing accommodation is

no longer necessary or appropriate for rent supplement housing

accommodation purposes;

(

e) where the Minister and the management body that holds the

designation agree that it should be withdrawn.

Landlord's application

4(1) A person who owns housing accommodation, or that person's authorized

agent, may apply to a management body in a form acceptable to the Minister

to become a landlord for the purposes of this Regulation.

(2) A management body and a corporation or other organization that is

owned or controlled by a management body are not eligible to be landlords

for the purposes of this Regulation in respect of housing accommodation

that is operated or administered by the management body.

(3) A management body that receives an application under subsection

(1) and has available designations that could be assigned to the type of

housing accommodation for which application is made shall

(

a) inspect the housing accommodation described in the application

to determine its suitability to be used as rent supplement housing

accommodation in accordance with the guidelines established by the

Minister, and

(

b) complete an evaluation of the housing accommodation in a form

acceptable to the Minister.

(4) If the management body determines that the housing accommodation is

suitable under subsection (3), it may approve the housing accommodation for

use as rent supplement housing accommodation.

Operating agreement

5 Where

(

a) a management body has approved housing accommodation under

section 4,

(

b) a household has made application to the management body for

social housing accommodation under the Social Housing Accommodation

Regulation (Alta. Reg. 244/94),

(

c) the management body has determined that the housing

accommodation is suitable and adequate for the household referred to in

clause (b), and

(

d) the management body has designations that may be assigned to

that housing accommodation,

the management body and the landlord of the housing accommodation may enter

into an operating agreement in a form prescribed by the Minister respecting

the use of that housing accommodation to provide rent supplement housing

accommodation.

Management body's obligations

6 During the term of an operating agreement the management body shall

(

a) periodically inspect and evaluate the housing accommodation in

the manner described in

section 4(3),

(

b) ensure that the landlord is made aware of his duties and

obligations relative to the provision of housing accommodation under the

Act, and

(

c) evaluate and be satisfied as to the landlord's ability to meet

his obligations under the operating agreement and this Regulation before

renewing the operating agreement with the landlord.

Application to landlord

7(1) In addition to the application for housing accommodation made by a

household to a management body under the Social Housing Accommodation

Regulation (Alta. Reg. 244/94), a landlord may require a household to

submit to him an application for rent supplement housing accommodation

under this Regulation.

(2) A landlord must provide a household that makes application with a

reasonable opportunity to inspect the rent supplement housing accommodation

prior to entering into any form of tenancy agreement.

(3) A landlord may not impose eligibility requirements for tenancy in rent

supplement housing accommodation owned by the landlord that are

inconsistent with the selection criteria of the management body.

Rent supplement

8(1) A management body shall pay to a landlord with whom it has entered

into an operating agreement rent supplements in the manner, at the times

and in the amounts set out in the operating agreement if the management

body

(

a) receives a claim for the rent supplement in a form acceptable

to the Minster, and

(

b) is satisfied that the landlord is in compliance with the Act,

the operating agreement, this Regulation and the Social Housing

Accommodation Regulation (Alta. Reg. 244/94).

(2) The Minister may pay to a management body all or part of the money it

pays in rent supplements if

(

a) the management body submits to the Minister a subsidy claim in

a form acceptable to the Minister monthly not later than the 6th working

day of the month being claimed for, and

(

b) the Minister is satisfied that the management body and the

landlord are in compliance with the Act, the operating agreement, this

Regulation and the Social Housing Accommodation Regulation (Alta. Reg.

244/94).

Reimburse-ment for damages

9(1) Where

(

a) a management body establishes to the satisfaction of the

Minister that it has, in accordance with the terms of an operating

agreement, reimbursed a landlord for the cost of repairing abnormal damage

to rent supplement housing accommodation, other than damage caused by

normal wear and tear, and

(

b) the management body received the prior authorization of the

Minister to make the reimbursement,

the Minister may pay to the management body all or part of the reimbursed

amount.

(2) Where the Minister makes a payment under subsection (1), the

management body must assign to the Minister any judgment and any other

right of recovery it has in respect of the damage.

(3) For the purposes of this

section the Minister and the management body

may at any reasonable hour and on at least 24 hours' notice in writing to

the landlord enter the rent supplement housing accommodation to inspect the

repairs that were carried out.

Transitional

10 A rent supplement operating agreement between a housing authority and

a landlord that was entered into under the Alberta Mortgage and Housing

Corporation Act, is being administered by a management body by virtue of

the operation of

section 37 of the Alberta Housing Act and is in effect on

the coming into force of this Regulation shall be renewed in the form

prescribed by the Minister on or before its expiry date.

Coming into force

11 This Regulation comes into force on May 1, 1995.

Alberta Regulation 76/95

Livestock and Livestock Products Act

LIVESTOCK TRANSPORTATION REGULATION

Filed: April 12, 1995

Made by the Lieutenant Governor in Council (O.C. 322/95) pursuant to

section 2 of the Livestock and Livestock Products Act.

Table of Contents

Definitions 1

Livestock unfit for transport 2

Loading facilities and pens 3

Duties of operator 4

Unsuitable vehicle 5

Duty to keep livestock separate 6

Loading ramp 7

Sanitary conditions 8

Prohibition 9

Definitions

1 In this Regulation,

(a) "designated confinement area" means a controlled area for the

holding of livestock that is approved by a peace officer or by an inspector

as defined in the Livestock Diseases Act;

(b) "operator" means the driver of a vehicle in which livestock is

transported pursuant to this Regulation;

(c) "peace officer" means a peace officer as defined in the Police

Act;

(d) "shipper", in respect of livestock that is transported pursuant

to this Regulation, means

(

i) the person who owns the livestock, or

(ii) the person who possessed the livestock at the time

the livestock was loaded for transport;

(e) "vehicle" means a device in, on or by which livestock may be

transported on a highway as defined in the Highway Traffic Act, but does

not include a device that is propelled by muscular power.

Livestock unfit for transport

2(1) No shipper or operator shall load or transport livestock that is

affected by or suffering from a communicable disease that is listed

pursuant to

section 11 of the Livestock Diseases Act, unless the livestock

is to be transported

(

a) to or from a veterinary clinic,

(

b) to a designated confinement area, or

(

c) for slaughter.

(2) No shipper or operator shall load or transport livestock that, by

reason of infirmity, illness, injury, fatigue or any other cause, would

suffer during transport, unless the livestock is to be transported

(

a) to or from a veterinary clinic,

(

b) to a designated confinement area, or

(

c) for slaughter.

(3) Livestock described in subsection (1) or (2) that is to be transported

to or from a veterinary clinic, to a designated confinement area or for

slaughter shall be contained or partitioned in the vehicle in a manner that

will cause no additional discomfort or injury to the livestock.

(4) No shipper or operator shall transport pregnant livestock if it is

probable that the livestock will give birth during transport, unless the

livestock is to be transported for health or management reasons.

(5) If, during transport, any livestock becomes unfit for transport, the

operator of the vehicle shall unload the livestock at the nearest suitable

place where the livestock will receive proper care and attention.

(6) A peace officer who finds that a vehicle is transporting livestock

that is unfit for transport may require the operator of the vehicle to

unload the livestock for rest, feed and water at a location that has all

the facilities necessary for loading, unloading, resting, feeding, watering

and inspecting the livestock.

Loading facilities and pens

3(1) An operator who transports livestock that is to be confined during

transport for a period in excess of 36 hours shall, at intervals not

exceeding 36 hours, unload the livestock for rest, feed and water at

locations that have all facilities necessary for loading, unloading,

resting, feeding, watering and inspecting the livestock.

(2) A pen into which livestock is unloaded during transport for rest, feed

and water must

(

a) provide sufficient space for all the livestock to lie down at

the same time,

(

b) provide for adequate feeding and watering of the livestock,

(

c) have well drained and clean floors of concrete or any other

suitable material that provides safe footing,

(

d) have an adequate amount of straw or other suitable material to

bed the livestock, and

(

e) provide protection from extremes of heat or cold and other

adverse weather conditions.

Duties of operator

4(1) An operator transporting livestock shall

(

a) ensure that the vehicle used to transport the livestock is

designed so that

(

i) exhaust fumes cannot enter the box and cause

distress to the livestock, and

(ii) the box front is of sufficient height to protect

the livestock from direct exposure to any adverse condition,

(

b) ensure that the deck surface of the vehicle used to transport

the livestock

(

i) is uniformly spread with straw, dry sand or other

suitable material, or

(ii) is covered with checkered plate or other suitable

non-slip flooring,

(

c) protect the livestock against extremes of heat or cold and

other adverse weather conditions,

(

d) provide for adequate ventilation in the box of the vehicle

consistent with the species and number of livestock being transported, and

(

e) ensure that each animal is provided with floor space that is

sufficient to prevent suffering or injury caused by overcrowding.

(2) An operator transporting hogs at temperatures below 0øC shall ensure

that the hogs are not exposed to bare metal.

Unsuitable vehicle

5 No operator shall load or transport livestock in a vehicle that has

(

a) a box or stock rack of a strength and height that is

insufficient to adequately protect and contain the livestock at all times,

(

b) insecure fittings,

(

c) any object projecting into the area where the livestock travel,

(

d) any broken, cracked or damaged siding or floor material, or

(

e) any other equipment in such a condition that it may cause

injury to the livestock.

Duty to keep livestock separate

6(1) An operator transporting livestock shall separate the livestock

during transport in accordance with this section.

(2) Livestock of the same species that demonstrate that they are

incompatible by nature and livestock of different species shall be

separated from each other.

(3) Mature sows, boars, stags, cattle and horses shall be separated from

smaller animals in uniform groups by species and size to prevent injury to

smaller animals.

(4) Livestock with suckling offspring shall be separated from all other

livestock.

Loading ramp

7(1) If a vehicle is equipped with a partial upper deck on which livestock

is transported, the operator shall ensure that

(

a) an adequate portable or built-in ramp is carried on the vehicle

and used whenever livestock is loaded or unloaded, and

(

b) the height of the upper deck provides adequate clearance for

the livestock.

(2) For the purposes of subsection (1), a ramp is considered adequate if

(

a) its width between the side rails is not less than 750

millimetres,

(

b) its angle of slope is less than 45 degrees,

(

c) it is constructed of material that ensures safe footing, and

(

d) there is adequate overhead clearance during loading and

unloading.

Sanitary conditions

8 An operator shall ensure that a vehicle that the operator uses or

intends to use to transport livestock is

(

a) adequately cleaned prior to the loading of the livestock,

(

b) maintained in a clean state, and

(

c) disinfected when requested by an inspector as defined in the

Livestock Diseases Act.

Prohibition

9 No person shall beat or, by use of a prod, goad or other instrument,

cause injury to livestock being loaded into or unloaded from a vehicle.

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Alberta Regulation 77/95

Liquor Control Act

LIQUOR ADMINISTRATION AMENDMENT REGULATION

Filed: April 12, 1995

Made by the Lieutenant Governor in Council (O.C. 328/95) pursuant to

section 58 of the Liquor Control Act.

1 The Liquor Administration Regulation (Alta. Reg. 215/91) is amended by

this Regulation.

Section 29 is amended by repealing subsection (1) and substituting the

following:

Liquor on premises

29(1) Only liquor that is

(

a) purchased from the Corporation or as otherwise

directed by the Corporation under a licence and in accordance with the

conditions imposed on the licence,

(

b) approved by the Board for promotional purposes, or

(

c) purchased under a permit issued in respect of the

licensed premises in accordance with the conditions imposed on and for the

purposes approved in the permit,

may be in licensed premises and may be kept, sold, provided or

consumed in those premises.

Section 33 is amended

(

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

(2) Subject to this section, minors are permitted to enter, be

in and remain in licensed premises except licensed premises for which the

Board has imposed a condition prohibiting minors from entering, being in or

remaining in those premises.

(

b) by adding the following after subsection (3):

(4) No minor shall enter, be in or remain in a Class D retail

liquor store unless the minor is accompanied by his parent, guardian or

spouse who is an adult.

(5) If a person who appears to be a minor

(

a) enters or attempts to enter licensed premises to

which minors are prohibited entrance because of a condition imposed on a

licence by the Board,

(

b) requests to purchase liquor from a licensee or

another person in licensed premises, or

(

c) requests to be given any liquor,

the licensee or other person to whom the request is made shall,

before complying with the request, demand that that person produce

satisfactory proof of age.

(6) For the purposes of subsection (5), the Board may, by

policy, specify the forms of identification that are satisfactory proof of

age.

(7) If a person who appears to be a minor fails to produce

satisfactory proof of age, the licensee or person demanding the proof of

age shall

(

a) not serve, provide or sell liquor to that person,

and

(

b) if the premises are ones that minors are prohibited

from entering, being in or remaining in under this Regulation, refuse the

person entry or ask the person to leave the premises.

(8) The Board may impose a condition on any licence that

prohibits minors from entering, being in or remaining in the premises

described in the licence generally or on specified days or hours in a day.

Section 38 is renumbered as

section 38(1) and the following is added

after subsection (1):

(2) A licensee may sell and serve for consumption on licensed

premises only liquor dispensed from the original package in which it was

purchased under the licence.

(3) Notwithstanding subsection (2),

(

a) liquor in a miniature bottle may be served in that

miniature bottle, and

(

b) beer and wine may be served in either

(

i) the original package in which it was

purchased under the licence that has been opened for consumption on the

licensed premises, or

(ii) a container satisfactory to the Board.

(4) Liquor from one package shall not be mixed with liquor from

another package unless it is

(

a) mixed at the request of a patron and served to that

patron in a glass or other container satisfactory to the Board, or

(

b) liquor from one package, as shipped by the

distributor, of a particular brand poured into another size package of the

same brand, as shipped by the distributor.

(5) Liquor shall not be mixed with liquor of a different brand or

type in the reservoir, well or holding tank of a mechanical dispensing

device.