Alberta Regulation 45/2008

Marketing of Agricultural Products Act

ALBERTA ELK PLAN AMENDMENT REGULATION

Filed: April 9, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 101/2008)

on April 9, 2008 pursuant to

section 23 of the Marketing of Agricultural Products Act.

1 The Alberta Elk Plan Regulation (AR 210/2002) is

amended by this Regulation.

Section 23 is amended by striking out "30" and

substituting "20".

Section 47(1)(

a) is amended by striking out "10" and

substituting "5".

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

Alberta Regulation 46/2008

Rural Utilities Act

RURAL UTILITIES AMENDMENT REGULATION

Filed: April 9, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 102/2008)

on April 9, 2008 pursuant to

section 55 of the Rural Utilities Act.

1 The Rural Utilities Regulation (AR 151/2000) is amended

by this Regulation.

Section 20 is amended by striking out "May 1" and

substituting "August 1".

Alberta Regulation 47/2008

Apprenticeship and Industry Training Act

STEAMFITTER - PIPEFITTER TRADE AMENDMENT REGULATION

Filed: April 10, 2008

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on February 1, 2008 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act and approved by the Minister of Advanced Education and

Technology on March 10, 2008 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act.

1 The Steamfitter - Pipefitter Trade Regulation

(AR 305/2000) is amended by this Regulation.

Section 4 is amended

(

a) in subsection (1) by striking out "4" and

substituting "3";

(

b) by repealing subsection (5).

Section 5(3) is amended by striking out "4th" and

substituting "3rd".

Section 6(2) is amended

(

a) in clause (

b) by striking out "60%" and substituting

"65%";

(

b) in clause (

c) by striking out "70%" and substituting

"80%";

(

c) by repealing clause (d).

Section 7 is repealed.

6 This Regulation comes into force on July 1, 2008.

Alberta Regulation 48/2008

Marketing of Agricultural Products Act

HATCHING EGGS AMENDMENT REGULATION

Filed: April 11, 2008

For information only: Made by Alberta Hatching Egg Producers on January 30, 2008

pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act and

approved by the Agricultural Products Marketing Council on February 25, 2008.

1 The Hatching Eggs Regulation (AR 280/97) is amended

by this Regulation.

Section 1 is amended

(

a) in subsection (1) by adding the following after

clause (h.1):

(h.2) "organization" means a person as defined in the Plan

but does not include an individual;

(

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

(3) Words used in this Regulation that are defined in the Plan

have the same meaning as defined in the Plan.

Section 11(2) is amended by striking out "effective on the

day that it is purported to be transferred" and substituting "at the

time of the purported transfer".

Section 16 is amended

(

a) by repealing subsection (1) and substituting the

following:

Quota allotment

16(1) Subject to

section 24 and subsections (2) and (3), the

Board shall allocate breeder quota only if the quota holder

operates in a facility in which the breeder hens are to be

maintained that is

(

a) owned by the quota holder, or

(

b) owned and operated in by another quota holder.

(

b) in subsection (4) by striking out "one breeder quota for

one facility" and substituting "2 breeder quotas per

facility".

Section 21 is repealed and the following is substituted:

Quota limit

21(1) The Board shall not allow in excess of

(a) 6.5% of the total provincial allocation to be held,

directly or indirectly, by a person, or

(b) 8% of the total provincial allocation to be produced in a

facility.

(2) For the purposes of subsection (1), the Board may

(

a) reduce or cancel breeder quota,

(

b) approve a transfer of breeder quota pursuant to an

application under

section 22,

(

c) rescind the Board's approval of a lease of breeder quota,

(

d) take any other action the Board considers necessary.

(3) The Board may determine that a person holds breeder quota

indirectly if, in the opinion of the Board, the person may benefit

from or has an interest in that quota.

(4) Subsection (3) does not apply to the shares a person holds in

a corporation that holds breeder quota if

(

a) the corporation is a distributing corporation under the

Business Corporations Act and

(

i) the shares are non-voting shares, or

(ii) the person owns 10% or less of the voting shares,

(

b) the shares were obtained as part of a bona fide

employee benefit program where

(

i) no more than 2% of the shares are transferred to an

employee in a year, and

(ii) the employee cannot obtain more than 10% of the

outstanding shares of the corporation,

(

c) the shares are in a co-operative that has more than 200

members.

Section 22 is repealed and the following is substituted:

Transfer of quota

22(1) Breeder quota is not transferable unless the transfer is

approved by the Board.

(2) Breeder quota that is purported to be transferred without the

approval of the Board is cancelled at the time of the purported

transfer.

(3) An application to approve a transfer must be made to the

Board in writing 30 days prior to the proposed transfer.

(4) The Board may approve an application to transfer breeder

quota if it is satisfied

(

a) the proposed transferee will qualify for a licence to

operate as a producer under this Regulation, and

(

b) the proposed transfer is an appropriate size, taking into

account the requirements of the licensed hatchery that

will set the hatching eggs produced.

(5) If an application to transfer breeder quota is approved by the

Board, the Board shall cancel the breeder quota and reallocate it

to the proposed transferee.

Transfer of shares of corporate quota holder

22.1(1) An organization's breeder quota may be cancelled or

reduced by the Board if an interest in the organization was

transferred without the prior approval of the Board.

(2) An application to approve a transfer must be made to the

Board in writing 30 days prior to a proposed transfer.

(3) The Board may approve the transfer if it is satisfied the

corporation will still qualify for a licence under this Regulation.

(4) Subsection (1) does not apply to the transfer of the shares of

a corporation

(

a) to a person who, under

section 21, cannot be considered

by the Board to indirectly hold the corporation's breeder

quota, or

(

b) between shareholders in an incorporated family farm.

Section 24(6) is amended by adding "or" at the end of

clause (

a) and by repealing clause (b).

Section 27(2) is amended by striking out "reallocated" and

substituting "transferred".

Section 28(5) is repealed.

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

Alberta Regulation 49/2008

Municipal Government Act

CAPITAL REGION BOARD REGULATION

Filed: April 15, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 127/2008)

on April 15, 2008 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

Definitions

Part 1

Capital Region Board

2 Establishment of Board

3 Mandate of Board

4 Chair of Board

5 Voting rights of representatives

6 Powers and duties of Board

7 Delegation

8 Bylaws

9 Annual report of Board

Part 2

Preparation of Capital Region

Growth Plan

10 Preparation of Plan

11 Objectives of Plan

12 Contents of Plan

13 Approval of Plan

14 Effective date of Plan

Part 3

Effect of Capital Region Growth Plan

15 Application of

Part

16 Actions must conform with Plan

17 Plan prevails

18 Conformity with Plan

Part 4

Approval of Statutory Plans

19 Application of

Part

20 Transitional Regional Evaluation Framework

21 Approval of statutory plans

Part 5

General Matters

22 Effect of Regulation on existing statutory plans

23 Information must be provided

24 Dispute resolution

25 Matters before the Municipal Government Board

26 Limitation of actions

27 No remedy

28 Proceedings barred

29 No expropriation or injurious affection

30 Regulation prevails

31 Ministerial orders

32 Expiry

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "Capital Region" means the lands lying within the

boundaries of the participating municipalities;

(c) "Capital Region Board" means the Capital Region Board

established by

section 2;

(d) "Capital Region Growth Plan" means an integrated growth

management plan for the Capital Region, including any

amendments to that plan, approved by the Minister under

section 13;

(e) "Framework" means the Transitional Regional Evaluation

Framework, including any amendments to the Framework,

established by the Minister under

section 20;

(f) "Minister" means the Minister responsible for the Act;

(g) "municipal agreement" means an agreement entered into by a

participating municipality;

(h) "participating municipality" means a municipality listed in

the Schedule;

(i) "representative" means a representative on the Capital

Region Board;

(j) "statutory plan" means

(

i) a statutory plan as defined in

section 616(dd) of the Act,

(ii) an amendment to a statutory plan referred to in

subclause (i).

Part 1

Capital Region Board

Establishment of Board

2(1) The Capital Region Board is established.

(2) The Capital Region Board is a corporation consisting of

(

a) the participating municipalities, as represented by the persons

appointed by the participating municipalities under

subsection (3) or designated by subsection (5),

(

b) the persons appointed by the Lieutenant Governor in Council

under subsection (7), and

(

c) if applicable, the interim chair appointed under

section 4(2).

(3) Each participating municipality shall appoint

(

a) a person to represent the participating municipality on the

Capital Region Board, and

(

b) a person to act in the representative's place in the event of the

representative's temporary absence or temporary inability to

act.

(4) A representative appointed under subsection (3) must be a

councillor of the participating municipality that appointed that

representative.

(5) Until a participating municipality appoints a representative under

subsection (3), the chief elected official of the participating

municipality is designated as that municipality's representative.

(6) If the representative of a participating municipality that is a town

or village is unable to attend a meeting of the Capital Region Board,

the Capital Region Board, on the request of the participating

municipality, shall provide for an alternative method of representation

for the participating municipality at that meeting.

(7) The Lieutenant Governor in Council may appoint one or more

persons to represent the Government of Alberta on the Capital Region

Board, but those persons do not have voting rights.

Mandate of Board

3 The Capital Region Board shall

(

a) prepare a proposed Capital Region Growth Plan in

accordance with

Part 2,

(

b) advise and make recommendations to the Minister regarding

the preparation and implementation of the Capital Region

Growth Plan,

(

c) facilitate the resolution of issues arising from the preparation

and implementation of the Capital Region Growth Plan,

(

d) implement policies for the sharing of costs among the

participating municipalities for regional projects of the

Capital Region, and

(

e) carry out any other functions and duties as the Minister

directs.

Chair of Board

4(1) The representatives appointed under

section 2(3) or designated

section 2(5) shall elect from among themselves a chair of the

Capital Region Board, whose term expires on the date the chair's

current term as a councillor expires.

(2) Despite subsection (1), the Minister may by order appoint an

interim chair of the Capital Region Board for a term specified by the

Minister.

(3) If the Minister appoints an interim chair, the term of the chair

elected under subsection (1) commences on the day after the day the

interim chair's term expires.

(4) The interim chair does not have voting rights.

Voting rights of representatives

5(1) Subject to sections 2(7) and 4(4), each representative has one

vote.

(2) If a decision of the Capital Region Board is to be made by a vote,

the decision must be supported by not fewer than 17 representatives

from participating municipalities that collectively have at least 75% of

the population in the Capital Region.

(3) Subject to

section 2(6), if a representative is not present when a

vote of the Capital Region Board is taken, or abstains from voting, the

representative is deemed to have voted in the affirmative.

Powers and duties of Board

6(1) Divisions 3 and 4 of

Part 15.1 of the Act apply with any

necessary modifications in respect of the Capital Region Board as if it

were a regional services commission.

(2) Divisions 3 and 4 of

Part 15.1 of the Act apply with any necessary

modifications in respect of the representatives appointed under

section

2(3) or designated by

section 2(5) as if those representatives were

directors of a regional services commission.

(3) The Capital Region Board is deemed to be a regional services

commission for the purposes of

(

a) the Freedom of Information and Protection of Privacy Act,

and

(

b) the Alberta Capital Finance Authority Act.

Delegation

7(1) Subject to subsection (2), the Capital Region Board may delegate

any of its powers, duties or functions under this Regulation to another

person.

(2) The Capital Region Board may not delegate the power

(

a) to make bylaws;

(

b) to borrow money;

(

c) to adopt budgets;

(

d) to approve financial statements.

Bylaws

8(1) The Capital Region Board may make bylaws respecting its

conduct and affairs, including, without limitation, rules and procedures

for dealing with matters before the Capital Region Board.

(2) A bylaw made under subsection (1) does not come into force until

it has been approved by the Minister.

(3) The Regulations Act does not apply to a bylaw made under

subsection (1).

Annual report of Board

9(1) The Capital Region Board shall submit a report in each year to

the Minister summarizing its activities of the preceding year.

(2) On receiving the report under subsection (1), the Minister shall lay

a copy of it before the Legislative Assembly if it is then sitting or, if it

is not then sitting, within 15 days after the commencement of the next

sitting.

Part 2

Preparation of Capital Region

Growth Plan

Preparation of Plan

10 The Capital Region Board shall, within the time and in the form

and manner specified by the Minister, prepare and submit to the

Minister a proposed Capital Region Growth Plan.

Objectives of Plan

11 The objectives of the Capital Region Growth Plan are

(

a) to promote an integrated and strategic approach to planning

for future growth in the Capital Region;

(

b) to identify the overall development pattern and key future

infrastructure investments that would

(

i) best complement existing infrastructure, services and

land uses in the Capital Region, and

(ii) maximize benefits to the Capital Region;

(

c) to co-ordinate decisions in the Capital Region to sustain

economic growth and ensure strong communities and a

healthy environment.

Contents of Plan

12(1) Except as otherwise specified by the Minister, a proposed

Capital Region Growth Plan must contain the following:

(

a) a comprehensive, integrated regional land use plan for the

Capital Region that includes the following:

(

i) population and employment projections;

(ii) the identification of

(

A) priority growth areas,

(

B) land supply for residential, commercial and

industrial purposes,

(

C) agricultural lands,

(

D) buffer areas,

(

E) density of development, and

(

F) the development and location of infrastructure;

(iii) the identification of corridors for recreation,

transportation, utilities and intermunicipal transit;

(iv) policies regarding environmentally sensitive areas;

(

v) policies for the co-ordination of planning and

development among the participating municipalities;

(vi) specific actions to be taken by the participating

municipalities to implement the land use plan;

(

b) a regional intermunicipal transit network plan for the Capital

Region that includes the following:

(

i) the decision-making process to approve the regional

intermunicipal transit network;

(ii) procedures for implementing the delivery of regional

intermunicipal transit services;

(iii) provision for special transit services for persons with

disabilities;

(iv) methods for reviewing and monitoring the regional

intermunicipal transit network plan;

(

c) a plan to co-ordinate geographic information services for the

Capital Region that includes the following:

(

i) the protocols and the methods for collecting, storing and

accessing data;

(ii) the protocols and the methods for compiling and

analyzing information;

(iii) standardized terminology and standards for mapping

capabilities for the participating municipalities;

(

d) a plan regarding social and market affordable housing

requirements for the Capital Region that includes

recommendations with respect to the following:

(

i) the general location of social housing;

(ii) options to increase market affordable housing.

(2) In preparing a proposed Capital Region Growth Plan, the Capital

Region Board may also have regard to any matter relating to the

physical, social or economic development of the Capital Region.

Approval of Plan

13(1) On receiving a proposed Capital Region Growth Plan from the

Capital Region Board, the Minister may by order approve it or reject it.

(2) If the Minister rejects the proposed Capital Region Growth Plan,

the Minister may return it to the Capital Region Board with

suggestions for changes and directions on how to proceed.

(3) The Capital Region Growth Plan is not a regulation within the

meaning of the Regulations Act.

Effective date of Plan

14 The Capital Region Growth Plan takes effect on the date specified

by the Minister.

Part 3

Effect of Capital Region Growth Plan

Application of

Part

15 This Part applies only after the Capital Region Growth Plan takes

effect.

Actions must conform with Plan

16(1) Despite any other enactment, no participating municipality shall

take any of the following actions that conflict with the Capital Region

Growth Plan:

(

a) undertake a public work, improvement, structure or other

thing;

(

b) adopt a statutory plan;

(

c) make a bylaw or pass a resolution;

(

d) enter into a municipal agreement.

(2) If the Capital Region Board finds that a participating municipality

has taken an action described in subsection (1)(

a) that conflicts with

the Capital Region Growth Plan, the Capital Region Board may, by

written notice to the participating municipality, order the participating

municipality to stop the action within the time set out in the notice.

(3) If the participating municipality fails or refuses to comply with an

order under subsection (2), the Capital Region Board may apply by

originating notice to the Court of Queen's Bench for an injunction or

other order.

(4) The Court of Queen's Bench may grant or refuse the injunction or

other order or may make any order that in the opinion of the Court is

just in the circumstances.

Plan prevails

17 Despite any other enactment, the Capital Region Growth Plan

prevails in the event of a conflict between the Capital Region Growth

Plan and a statutory plan, bylaw, resolution or municipal agreement of

a participating municipality.

Conformity with Plan

18(1) The council of a participating municipality shall amend every

statutory plan and bylaw as necessary to conform with the Capital

Region Growth Plan no later than the date specified by the Minister.

(2) If the council of a participating municipality fails to amend a

statutory plan or bylaw in accordance with subsection (1), the statutory

plan or bylaw is deemed to be invalid to the extent that it conflicts with

the Capital Region Growth Plan.

(3) The Minister may, in respect of a municipal agreement entered

into by a participating municipality that conflicts with the Capital

Region Growth Plan, require the council of the participating

municipality, to the extent possible under the terms of the municipal

agreement,

(

a) to amend the municipal agreement so that it conforms to the

Capital Region Growth Plan, or

(

b) to terminate the municipal agreement.

(4) If the council of a participating municipality fails to amend or

terminate a municipal agreement when required to do so by the

Minister under subsection (3), the municipal agreement is deemed to

be invalid to the extent that it conflicts with the Capital Region Growth

Plan.

(5) This

section applies only to statutory plans adopted, bylaws made

and municipal agreements entered into after the coming into force of

this Regulation.

Part 4

Approval of Statutory Plans

Application of

Part

19 This Part applies to statutory plans only after the Transitional

Regional Evaluation Framework is established by the Minister under

section 20.

Transitional Regional Evaluation Framework

20(1) The Minister may by order establish a Transitional Regional

Evaluation Framework containing

(

a) criteria to be used to determine whether a statutory plan must

be submitted for approval under

section 21(1),

(

b) procedures for submitting statutory plans for approval under

section 21(1), and

(

c) the criteria and procedures to be followed by the Capital

Region Board in evaluating and approving statutory plans.

(2) If the Minister establishes a Framework, the Minister shall provide

a copy of it to each participating municipality.

(3) The Framework is not a regulation within the meaning of the

Regulations Act.

Approval of statutory plans

21(1) Until the Capital Region Growth Plan takes effect, statutory

plans to be adopted by a participating municipality that meet the

criteria set out in the Framework must be submitted to the Capital

Region Board for approval.

(2) The Capital Region Board may, in accordance with the

Framework, approve or reject a statutory plan.

(3) A statutory plan referred to in subsection (1) has no effect unless it

is approved by the Capital Region Board under subsection (2).

(4) Except as provided in the Framework, a participating municipality

has no right to a hearing before the Capital Region Board in respect of

its approval or rejection of a statutory plan.

(5) A decision of the Capital Region Board under this

section is final

and not subject to appeal.

(6) This

section applies only to statutory plans to be adopted by a

participating municipality after the establishment of the Framework.

Part 5

General Matters

Effect of Regulation on existing statutory plans

22 For greater certainty, except as provided in Parts 3 and 4 of this

Regulation and

Part 17 of the Act, all statutory plans of a participating

municipality that are in effect on the coming into force of this

Regulation remain in full force and effect.

Information must be provided

23(1) The chief elected official of a participating municipality shall,

when required in writing by the Capital Region Board to do so, provide

the Capital Region Board with information about the participating

municipality that the Capital Region Board requires.

(2) A person who contravenes subsection (1) is guilty of an offence

and liable to a fine of $10 000 or to imprisonment for a term of not

more than one year, or to both a fine and imprisonment.

Dispute resolution

24(1) A participating municipality may make a complaint in writing

to the Capital Region Board if the participating municipality is of the

view that there has been a breach of process, improper administration

or discriminatory treatment by the Capital Region Board.

(2) On receipt of a complaint under subsection (1), the Capital Region

Board shall attempt to resolve the complaint informally with the

participating municipality.

(3) If a complaint cannot be resolved under subsection (2), the Capital

Region Board may refer the matter to mediation.

(4) If the parties are not able to resolve the matter through mediation,

the Capital Region Board may refer the matter to arbitration under the

Arbitration Act.

Matters before the Municipal Government Board

25(1) If under the Act

(

a) a matter relating to land within the Capital Region is

appealed to the Municipal Government Board, or

(

b) the Municipal Government Board is considering an

application for an annexation involving 2 or more

participating municipalities,

the Minister may by order direct the Municipal Government Board to

defer its consideration of the matter.

(2) When the Minister makes an order under subsection (1), all steps

in the appeal or application, as the case may be, are stayed as of the

date of the order until the Minister gives notice to the Municipal

Government Board that the appeal or application may be continued.

(3) This

section applies to an appeal or application commenced after

the coming into force of this Regulation.

Limitation of actions

26 No cause of action arises as a result of

(

a) the enactment of this Regulation,

(

b) the making of an order under this Regulation, or

(

c) anything done or omitted to be done in accordance with this

Regulation.

No remedy

27 No costs, compensation or damages are owing or payable to any

person, and no remedy, including in contract, restitution or trust, is

available to any person in connection with anything referred to in

section 26.

Proceedings barred

28 No proceedings, including any proceedings in contract, restitution

or trust, that are based on anything referred to in

section 26, may be

brought or maintained against any person.

No expropriation or injurious affection

29 Nothing done or omitted to be done in accordance with this

Regulation or an order made under it constitutes an expropriation or

injurious affection for the purposes of the Expropriation Act or

otherwise.

Regulation prevails

30 In the event of a conflict between this Regulation and any other

enactment, other than the Act, this Regulation prevails.

Ministerial orders

31(1) In addition to any other orders that the Minister may make

under this Regulation, the Minister may make any one or more of the

following orders:

(

a) an order providing for transitional matters related to the

coming into force of this Regulation;

(

b) an order respecting the requisition of operating and capital

costs of the Capital Region Board;

(

c) an order respecting the management, duties and functions of

the Capital Region Board;

(

d) an order respecting the records to be kept by the Capital

Region Board and the manner in which they are to be kept

and the reports to be submitted to the Minister;

(

e) an order providing for any other matter that the Minister

considers necessary for carrying out the purposes of this

Regulation.

(2) In addition to the orders the Minister may make under subsection

(1), the Minister may by order take any action that the Capital Region

Board may or must take under this Regulation.

(3) If there is a conflict between an order made by the Minister under

subsection (2) and an action taken by the Capital Region Board, the

Minister's order prevails.

(4) The Regulations Act does not apply to an order made under this

Regulation.

Expiry

32 This Regulation is made in accordance with

section 603(1) of the

Act and is subject to repeal in accordance with

section 603(2) of the

Act.

Schedule

Participating Municipalities

(

a) Town of Beaumont;

(

b) Town of Bon Accord;

(

c) Town of Bruderheim;

(

d) Town of Calmar;

(

e) Town of Devon;

(

f) City of Edmonton;

(

g) City of Fort Saskatchewan;

(

h) Town of Gibbons;

(

i) Lamont County;

(

j) Town of Lamont;

(

k) City of Leduc;

(

l) Leduc County;

(

m) Town of Legal;

(

n) Town of Morinville;

(

o) Village of New Sarepta;

(

p) Parkland County;

(

q) Town of Redwater;

(

r) City of St. Albert;

(

s) City of Spruce Grove;

(

t) Town of Stony Plain;

(

u) Strathcona County;

(

v) Sturgeon County;

(

w) Village of Thorsby;

(

x) Village of Wabamun;

(

y) Village of Warburg.

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

Alberta Regulation 50/2008

Alberta Investment Management Corporation Act

ALBERTA INVESTMENT MANAGEMENT CORPORATION ACT

REMUNERATION AMENDMENT REGULATION

Filed: April 15, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 128/2008)

on April 15, 2008 pursuant to

section 20 of the Alberta Investment Management

Corporation Act.

1 The Alberta Investment Management Corporation Act

Remuneration Regulation (AR 167/2007) is amended by this

Regulation.

2 The following is added after

section 4:

Other remuneration

4.1 A director may be paid, in accordance with policies

established by the board and approved by the Minister, additional

remuneration to compensate the director with respect to

(

a) their time required to travel to and from meetings of the

board or of a committee established by the board, or

(

b) their carrying out other duties as a director.