Alberta Gazette — 31 July 2017 (Part II)
31 July 2017
Alberta — Gazette
Alberta Regulation 129/2017
Marketing of Agricultural Products Act
ALBERTA BEEKEEPERS COMMISSION AMENDMENT REGULATION
Filed: July 4, 2017
For information only: Made by the Alberta Beekeepers Commission on April 3,
2017 and approved by Alberta Agricultural Products Marketing Council on April 13,
2017 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Beekeepers Commission Regulation
(AR 73/2006) is amended by this Regulation.
Section 2 is amended by adding the following after
subsection (1):
(1.1) Commencing with the 2017-18 crop year, every producer with
100 or more colonies in Alberta must, instead of the service charge
referred to in subsection (1), pay to the Commission a service charge
of $50 plus $1.05 per colony per year.
--------------------------------
Alberta Regulation 130/2017
Municipal Government Act
ASSESSMENT AND TAXATION REGULATIONS (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: July 5, 2017
For information only: Made by the Minister of Municipal Affairs (M.O. MAG:011/17)
on June 26, 2017 pursuant to sections 322, 370, 484.1 and 527,1 of the Municipal
Government Act.
1 The Matters Relating to Assessment Complaints
Regulation (AR 310/2009) is amended in
section 57 by
striking out "September 30, 2017" and substituting "December
31, 2018".
2 The Matters Relating to Assessment and Taxation
Regulation (AR 220/2004) is amended in
section 29 by
striking out "November 30, 2017" and substituting "December
31, 2018".
Alberta Regulation 131/2017
Municipal Government Act
CROWSNEST PASS (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: July 5, 2017
For information only: Made by the Minister of Municipal Affairs
(M.O. MSL:050/17) on June 26, 2017 pursuant to
section 615 of the Municipal
Government Act.
1 The Crowsnest Pass Regulation (AR 197/2002) is
amended by this Regulation.
Section 10 is amended by striking out "August 31, 2017"
and substituting "August 31, 2018".
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Alberta Regulation 132/2017
Railway (Alberta) Act
RAILWAY AMENDMENT REGULATION
Filed: July 6, 2017
For information only: Made by the Minister of Transportation (M.O. 24/17) on June
30, 2017 pursuant to
section 30 of the Railway (Alberta) Act.
1 The Railway Regulation (AR 177/2002) is amended by
this Regulation.
Section 2 is amended by adding the following after
clause (f):
(
g) any additional engineering and design plans and
specifications demonstrating safety and feasibility to the Rail
Administrator's satisfaction.
Section 4 is amended by adding the following after
clause (c)(iv):
(
v) security management plan satisfactory to the Railway
Administrator;
Section 6 is amended by repealing subsection (2) and
substituting the following:
(2) A holder of an approval who wishes to obtain a new approval or
renew an approval must submit with the application
(
a) the information required by the Railway Administrator, and
(
b) the results of a safety audit satisfactory to the Railway
Administrator if the terms of the current approval requires
periodic safety audits.
5 The following is added after
section 7:
Railway Administrator amendments
7.1 If the Railway Administrator considers it appropriate to do so,
the Railway Administrator may, with the consent of an approval
holder, amend an approval with respect to any matter.
Section 15 is amended by adding the following after
subsection (2):
(3) Section 4.3 is amended by striking out "minister" and
substituting "Railway Administrator".
Section 18(3) is amended
(
a) in clause (
b) by striking out "3.32" wherever it
occurs and substituting "3.33",
(
b) in clause (
c) by striking out "3.33" wherever it
occurs and substituting "3.34".
Section 19(4) is repealed and the following is
substituted:
(4) Schedule 1 is amended by striking out
section 492(3).
Section 21 is amended
(
a) in subsection (1) by striking out "(TCO-06)";
(
b) by repealing subsection (3) and substituting the
following:
(3) Section 3 is amended
(
a) by striking out clause 3.10 and substituting the
following:
3.10 "Department" and "Department's regional office
concerned" means the Railway Administrator (Alberta);
(
b) by striking out clause 3.16 and substituting the
following:
3.16 "railway company" means a person to whom
section 2 of the Railway (Alberta) Act applies;
(
c) by striking out clause 3.17 and substituting the
following:
3.17 "railway safety inspector" means a railway safety
officer (Alberta);
Section 23 is amended
(
a) in subsection (1) by striking out "(TC O 0-150)" and
substituting "(TCO 0-184)";
(
b) in subsection (2) by striking out "operating in Canada.
These rules apply to all railway companies".
Section 25 is repealed.
Section 26(3)(
a) is amended by striking out "2.51" and
substituting "2.5.1".
Section 27 is amended
(
a) in subsection (1) by striking out "The
Railway-Highway Crossing at Grade Regulations
(SOR/80-748)" and substituting "The Grade Crossing
Regulations SOR/2014-275";
(
b) by striking out subsection (2) and substituting the
following:
(2) Section 3 is amended
(
a) in section (1) by striking out "of the Agency or in
an agreement filed with the Agency under subsection
101(1) of the Canada Transportation Act" and
substituting the following:
"an exemption granted by the Railway
Administrator";
(
b) in section (2) by striking out "of the Agency or in
an agreement filed with the Agency under subsection
101(1) of the Canada Transportation Act" and
substituting the following:
"an exemption granted by the Railway
Administrator";
(
c) by striking out subsection (3) and substituting
the following:
(3) Section 98 is amended by striking out
"Minister" and substituting "Railway Administrator".
Section 28 is repealed and the following is substituted:
Grade Crossings Standards
28 The Grade Crossing Standards, under the Canada
Transportation Act (Canada) are declared in force.
Section 30(1) is repealed and the following is
substituted:
Canadian Rail Operating Rules
30(1) The Canadian Rail Operating Rules, approved by the
Minister of Transport (Canada) under the Railway Safety Act
(Canada), are declared in force.
Section 33(1) is amended by striking out "(TC O-17B)"
and substituting "(TC O-0-68)".
Section 45 is amended by striking out "August 31, 2017"
and substituting "August 31, 2022".
Alberta Regulation 133/2017
Marketing of Agricultural Products Act
ALBERTA OAT GROWERS COMMISSION PLAN
AMENDMENT REGULATION
Filed: July 6, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 231/2017)
on July 5, 2017 pursuant to
section 23 of the Marketing of Agricultural Products Act.
1 The Alberta Oat Growers Commission Plan Regulation
(AR 133/2012) is amended by this Regulation.
Section 10(1)(
b) is amended by adding "and by Council"
after "special Commission meeting".
Section 24 is repealed and the following is substituted:
Board of directors
24 The Commission shall have a board of directors consisting of a
minimum of 4 directors and a maximum of 7 directors.
Section 40 is amended by striking out "July 31, 2017" and
substituting "July 31, 2022".
--------------------------------
Alberta Regulation 134/2017
Meat Inspection Act
MEAT INSPECTION (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: July 6, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 232/2017)
on July 5, 2017 pursuant to
section 11 of the Meat Inspection Act.
1 The Meat Inspection Regulation (AR 42/2003) is amended
by this Regulation.
Section 80 is amended by striking out "August 1, 2017"
and substituting "July 31, 2020".
Alberta Regulation 135/2017
Various Acts
HEALTH REGULATIONS AMENDMENT REGULATION
Filed: July 6, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 233/2017)
on July 5, 2017 pursuant to Various Acts.
1 The Co-ordinated Home Care Program Regulation
(AR 296/2003) is amended in
section 10 by striking out
"October 31, 2017" and substituting "October 31, 2022".
2 The Mandatory Testing and Disclosure Regulation
(AR 190/2007) is amended in
section 8 by striking out
"September 30, 2017" and substituting "September 30, 2020".
3 The Mental Health Regulation (AR 19/2004) is amended in
section 5 by striking out "November 30, 2017" and
substituting "November 30, 2020".
4 The Out-of-Country Health Services Regulation
(AR 78/2006) is amended in
section 14 by striking out
"August 15, 2017" and substituting "August 15, 2020".
5 The Regional Health Authority Membership Regulation
(AR 164/2004) is amended by repealing
section 12.
6 The Treatment Services Regulation (AR 248/85) is
amended in
section 8 by striking out "November 30, 2017" and
substituting "November 30, 2019".
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Alberta Regulation 136/2017
Alberta Health Care Insurance Act
ALBERTA HEALTH CARE INSURANCE AMENDMENT REGULATION
Filed: July 6, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 234/2017)
on July 5, 2017 pursuant to sections 16 and 33 of the Alberta Health Care Insurance
Act.
1 The Alberta Health Care Insurance Regulation
(AR 76/2006) is amended by this Regulation.
2 The following is added after
section 17:
Part 4.1
Physician Resource Planning
Committees
17.1(1) The Minister may establish any committees that the
Minister considers necessary for the purposes of physician resource
planning.
(2) The Minister may, with respect to any committee established
under this section,
(
a) appoint or provide for the manner of the appointment of its
members,
(
b) prescribe the term of office of any member,
(
c) designate a chair, vice-chair and secretary, and
(
d) authorize, fix or provide for the payment of remuneration and
expenses to its members.
(3) Remuneration and expenses referred to in subsection (2) must be
determined
(
a) in accordance with any applicable regulations under the
Alberta Public Agencies Governance Act, or
(
b) by the Minister if no regulations under the Alberta Public
Agencies Governance Act are applicable.
(4) A committee established pursuant to this
section may, with the
approval of the Minister, make rules governing the calling of its
meetings, the procedure to be used at its meetings, the conduct of
business at its meetings, reporting and any other matters as required.
(5) A committee established pursuant to this
section may exercise
the powers and shall perform the duties and functions that the
Minister approves or confers or imposes on it.
(6) The Minister may require any person appointed to a committee
established under this section, before beginning the person's duties,
to take an oath that the person will not, except as authorized by the
Minister, divulge any information received by the person in the
course of the person's duties as a member of the committee.
Setting of number of additional physicians
17.2(1) Each year, the Minister may, by order, set out the number
of additional physicians needed to provide insured services in
Alberta.
(2) In making an order under subsection (1), the Minister shall take
into account the following:
(
a) any advice provided by a committee established under
section 17.1;
(
b) existing health resources;
(
c) Albertans' health needs;
(
d) the affordability and sustainability of paying benefits for
insured services provided by the number of additional
physicians to be set out in the order in view of the financial
resources allocated for the payment of benefits;
(
e) short, medium and long-term planning for allocation of
physician resources;
(
f) any other matter the Minister considers appropriate.
(3) The Minister may amend an order made under subsection (1) at
any time.
(4) The Minister shall, on or before April 1, 2018, make an order
under subsection (1) to take effect April 1, 2018, but is not required
to make a subsequent order.
--------------------------------
Alberta Regulation 137/2017
Land Titles Act
PROOF OF IDENTITY AMENDMENT REGULATION
Filed: July 6, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 236/2017)
on July 5, 2017 pursuant to
section 213 of the Land Titles Act.
1 The Proof of Identity Regulation (AR 174/2008) is
amended by this Regulation.
2 The title of the Regulation is amended by adding "AND
HANDLING OF DOCUMENTS" after "IDENTITY".
3 The following is added after
section 1:
Handling of paper version of document
1.1(1) After an electronic version of an application, instrument,
plan, caveat or other document is registered in the Land Titles
Office, the subscriber
(
a) shall, subject to subsection (2), return the paper version of the
document to the person on whose behalf the electronic
version is registered, or
(
b) shall retain the paper version of the document.
(2) Subsection (1)(
a) applies only if the subscriber retains and stores
an electronic reproduction of the paper version of the document.
Section 2 is repealed.
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Alberta Regulation 138/2017
An Act to Cap Regulated Electricity Rates
RATE CAP (COMMISSION APPROVED REGULATED RATE
TARIFFS REGULATION
Filed: July 7, 2017
For information only: Made by the Minister of Energy (M.O. 67/2017) on July 5,
2017 pursuant to
section 6 of
An Act to Cap Regulated Electricity Rates and
section
108 of the Electric Utilities Act.
Table of Contents
Interpretation
2 Determination of payments
3 Deferral account
4 Approval of deferral account statement
5 Payment
6 Final review and disposition of deferral account
7 Transitional
8 Amendments to the Regulated Rate Option Regulation
9 Application
Interpretation
1(1) In this Regulation,
(a) "Act" means
An Act to Cap Regulated Electricity Rates;
(b) "approved deferral account statement" means a deferral
account statement that has been approved by the Commission
under
section 4;
(c) "business day" means a day other than a Saturday or a
holiday as defined in the
Interpretation Act;
(d) "deferral account" means a deferral account established
under
section 3(1);
(e) "deferral account statement" means a deferral account
statement required to be submitted under this Regulation;
(f) "load settlement" means load settlement as defined in the
Electric Utilities Act.
(2) This Regulation applies with respect to owners referred to in
section 2(1) of the Act.
Determination of payments
2(1) In respect of a month during which an owner determines electric
energy charges in accordance with
section 2(1)(
b) of the Act, the
owner may be paid the full difference between
(
a) the amount the owner would charge if the owner determined
the electric energy charges for the month in accordance with
section 2(1)(
a) of the Act, and
(
b) the amount the owner charges when the owner determines
the electric energy charge in accordance with
section 2(1)(
b) of the Act.
(2) The amount payable to an owner in respect of a month must
(
a) be determined initially using forecast values in accordance
with
section 3(3)(a),
(
b) be adjusted to an amount determined using actual values in
accordance with
section 3(3)(b), and
(
c) be finally reviewed and either confirmed or varied by the
Commission under
section 6.
Deferral account
3(1) An owner shall establish a deferral account for the purpose of the
administration of payments under
section 4 of the Act.
(2) Subject to
section 7, during the period beginning on June 1, 2017
and ending on May 31, 2021, an owner shall include with the owner's
submission to the Commission under
section 12 of the Regulated Rate
Option Regulation for a calendar month
(
a) the actual consumption in kWh of regulated rate customers in
each rate class determined through the final load settlement
calculations for the most recent 6 months for which that
information is available, and
(
b) a completed deferral account statement for the calendar
month, in the form prescribed by the Minister, for the
Commission's approval.
(3) An owner shall show the following in the owner's deferral account
statement:
(
a) for the calendar month for which the owner is making the
owner's submission under
section 12 of the Regulated Rate
Option Regulation
(
i) the monthly rate per kWh submitted by the owner for
each rate class,
(ii) the forecast consumption in kWh for regulated rate
customers in each rate class,
(iii) zero in respect of each rate class for which the monthly
rate per kWh being submitted by the owner does not
exceed 6.8 cents per kWh,
(iv) the amount determined by the following formula in
respect of each rate class for which the monthly rate per
kWh being submitted by the owner exceeds 6.8 cents
per kWh:
a = (mrs - 6.8 cents per kWh) x fc
where
a is the amount to be shown in respect of that
rate class,
mrs is the monthly rate per kWh for that rate class
submitted by the owner, and
fc is the forecast consumption in kWh for that
month for regulated rate customers in that
rate class,
and
(
v) the total of the amounts shown under subclauses (iii)
and (iv), including any applicable goods and services
tax imposed under
Part IX of the Excise Tax Act
(Canada) on those amounts;
(
b) for each calendar month for which the monthly rates per kWh
determined in accordance with the owner's new RRO rate
energy price setting plan as posted under
section 13 of the
Regulated Rate Option Regulation and the actual
consumption in kWh determined through the final load
settlement calculations of regulated rate customers in each
rate class are available but have not previously been included
in a deferral account statement,
(
i) the monthly rate per kWh determined in accordance
with the owner's new RRO energy price setting plan for
each rate class for that month,
(ii) the actual consumption in kWh of regulated rate
customers in each rate class for that month determined
through the final load settlement calculations,
(iii) for each rate class, the amount previously shown in the
deferral account statement in respect of the month under
clause (a)(iii) or (iv),
(iv) for each rate class, the recalculation, determined using
the rate and consumption referred to in subclauses (
i) and (ii) in accordance with the instructions set out in the
deferral account statement form, of the amount shown
under subclause (iii), and
(
v) for each rate class, the amount obtained by subtracting
the amount shown under subclause (iii) from the
amount shown under subclause (iv);
(
c) the balance adjustment for the deferral account, being the
total of the amounts shown under clause (b)(
v) for the
months included under clause (b), including any applicable
goods and services tax imposed under
Part IX of the Excise
Tax Act (Canada) on those amounts;
(
d) the deferral account balance, if any, payable to the owner or
repayable to the Government of Alberta, determined by
adding the total amount shown under clause (a)(
v) and the
balance adjustment shown under clause (c).
Approval of deferral account statement
4(1) The Commission may determine the process by which it
approves a deferral account statement.
(2) In considering whether to approve a deferral account statement,
the Commission shall confirm the calculation of amounts in the
deferral account statement.
(3) An owner shall
(
a) provide to the Commission any records or other information
the Commission may require to confirm the information and
amounts set out in deferral account statements submitted by
the owner, and
(
b) retain records sufficient to enable the Commission to audit
the deferral account statements submitted by the owner.
(4) An owner shall submit a corrected deferral account statement for
the Commission's approval under this
section if
(
a) the Commission determines that there is an error in a deferral
account statement or that there has been a change in
information set out in a deferral account statement and the
Commission requires the owner to submit a corrected
deferral account statement, or
(
b) the owner determines that there is a material error in a
deferral account statement or that there has been a material
change in information set out in a deferral account statement.
(5) The Commission must determine whether to approve a deferral
account statement on or before the first day of the calendar month in
respect of which the deferral account statement was submitted.
(6) An owner shall submit a deferral account statement to the Minister
within 5 business days after the deferral account statement is approved
by the Commission.
(7) On request of the Minister, the Commission shall review an
approved deferral account statement in detail to confirm the accuracy
of any of the information or amounts set out in the deferral account
statement.
Payment
5(1) The amount of a deferral account balance that is payable to an
owner as shown in an approved deferral account statement shall be
paid within 30 days after the Minister receives the approved deferral
account statement.
(2) An owner shall pay a deferral account balance that is repayable to
the Government of Alberta as shown in an approved deferral account
statement within 30 days after the deferral account statement is
approved by the Commission.
Final review and disposition of deferral account
6(1) An owner shall apply to the Commission for a final review and
disposition of the owner's deferral account within 6 months after May
31, 2021.
(2) In conducting a final review and disposition of an owner's deferral
account the Commission shall review the deferral account statements
submitted by the owner in respect of the period beginning on June 1,
2017, and ending on May 31, 2021, to confirm the information and
amounts set out in the deferral account statements and determine
whether
(
a) an amount remains owing to the owner under
section 2(1) of
this Regulation, or
(
b) the owner has been overpaid an amount under
section 2(1) of
this Regulation.
(3) An owner shall provide to the Commission any records or other
information the Commission may require to confirm the information
and amounts set out in deferral account statements submitted by the
owner.
(4) If, on a final review, the Commission determines that an amount is
owing to an owner under
section 2(1), the amount shall be paid to the
owner within 30 days after the date of the Commission's
determination.
(5) If, on a final review, the Commission determines that an owner has
been overpaid under
section 2(1), the owner shall repay the amount to
the Minister within 30 days after the date of the Commission's
determination.
Transitional
7 An owner shall include the owner's deferral account statements for
June, July and August 2017 with the owner's submission to the
Commission under
section 12 of the Regulated Rate Option Regulation
for September 2017.
Amendments to the Regulated Rate Option Regulation
8 The Regulated Rate Option Regulation (AR 262/2005) is
amended
(
a) in
section 6
(
i) in subsection (1) by adding the following after
clause (d):
(d.1) not have regard to a rate established by or under
section 2(1)(
b) or (2)(
b) of
An Act to Cap
Regulated Electricity Rates,
(ii) by adding the following after subsection (2):
(3) Subsection (2) does not apply with respect to a deferral
account established under
An Act to Cap Regulated
Electricity Rates.
(
b) by repealing the heading before
section 24 and
sections 24 and 25;
(
c) by repealing the heading "Expiry";
(
d) by repealing
section 28.
Application
9 This Regulation, except
section 8, is effective on and from June 1,
--------------------------------
Alberta Regulation 139/2017
An Act to Cap Regulated Electricity Rates
RATE CAP (BOARD ON COUNCIL APPROVED RGULATED
RATE TARIFFS) REGULATION
Filed: July 7, 2017
For information only: Made by the Minister of Energy (M.O. 68/2017) on July 5,
2017 pursuant to
section 6 of
An Act to Cap Regulated Electricity Rates.
Table of Contents
Interpretation
2 Applicable rate per kWh for the purposes
section 2(2)(b)(
i) of the Act
3 Determination of reference, reimbursement
and billing rates
4 Determination of payments
5 Deferral account
6 Approval of deferral account statement
7 Payment
8 Final review and disposition of
deferral account
9 Transitional
10 Coming into force and application
Interpretation
1(1) In this Regulation,
(a) "Act" means
An Act to Cap Regulated Electricity Rates;
(b) "approved deferral account statement" means a deferral
account statement that has been approved by the Market
Surveillance Administrator under
section 6;
(c) "billing rate" means the rate determined in accordance with
section 3(3);
(d) "business day" means a day other than a Saturday or a
holiday as defined in the
Interpretation Act;
(e) "deferral account" means a deferral account established
under
section 5;
(f) "deferral account statement" means a deferral account
statement required to be submitted under this Regulation;
(g) "load settlement" means load settlement as defined in the
Electric Utilities Act;
(h) "reference rate" means the rate determined in accordance
with
section 3(1);
(i) "reimbursement rate" means the rate determined in
accordance with
section 3(2).
(2) This Regulation applies with respect to owners referred to in
section 2(2) of the Act.
Applicable rate per kWh for the purposes
section 2(2)(b)(
i) of the Act
2 An owner's billing rate per kWh for a rate class for a calendar
month is the owner's applicable rate per kWh for that rate class for that
calendar month for the purposes of
section 2(2)(b)(
i) of the Act.
Determination of reference, reimbursement
and billing rates
3(1) The reference rate per kWh for a calendar month is the average
of the residential rates for owners whose regulated rate tariffs are
approved by the Commission under
section 103(2) of the Electric
Utilities Act for that calendar month as posted by the Commission on
its internet page under the Regulated Rate Option Regulation, plus
10%.
(2) The reimbursement rate per kWh for an owner for a rate class for a
calendar month is determined as follows:
(
a) if the reference rate for the calendar month is greater than 6.8
cents per kWh and the monthly rate submitted for approval
by the owner under
section 12 of the Regulated Rate Option
Regulation for that rate class for the calendar month is
greater than the reference rate, the reimbursement rate for the
owner for that rate class for the calendar month is the
reference rate minus 6.8 cents per kWh;
(
b) if the reference rate for the calendar month is greater than 6.8
cents per kWh and the monthly rate submitted for approval
by the owner under
section 12 of the Regulated Rate Option
Regulation for that rate class for the calendar month is
greater than 6.8 cents per kWh but is not greater than the
reference rate, the reimbursement rate for the owner for that
rate class for the calendar month is the monthly rate
submitted by the owner minus 6.8 cents per kWh;
(
c) if the reference rate for the calendar month or the monthly
rate submitted for approval by the owner under
section 12 of
the Regulated Rate Option Regulation for that rate class for
the calendar month is less than or equal to 6.8 cents per kWh,
the reimbursement rate for the owner for that rate class for
the calendar month is 0.
(3) The billing rate per kWh for an owner for a rate class for a
calendar month is determined as follows:
(
a) if the reference rate for the calendar month is greater than 6.8
cents per kWh and the monthly rate submitted for approval
by the owner under
section 12 of the Regulated Rate Option
Regulation for that rate class for the calendar month is
greater than the reference rate, the owner's billing rate per
kWh for that rate class for the calendar month is the monthly
rate submitted for approval by the owner minus the
reimbursement rate;
(
b) if the monthly rate submitted for approval by the owner
under
section 12 of the Regulated Rate Option Regulation for
that rate class for the calendar month is greater than 6.8 cents
per kWh but is less than the reference rate for the calendar
month, the owner's billing rate per kWh for that rate class for
the calendar month is equal to 6.8 cents per kWh;
(
c) if the reference rate for the calendar month or the monthly
rate submitted for approval by the owner under
section 12 of
the Regulated Rate Option Regulation for that rate class for
the calendar month is less than or equal to 6.8 cents per kWh,
the owner's billing rate per kWh for that rate class for the
calendar month is equal to the monthly rate the owner
submitted for approval.
(4) Subject to subsection (5), an owner shall
(
a) post on an easily accessible internet page
(
i) the owner's billing rates for the months of June, July
and August 2017 within 5 business days after
September 1, 2017, and
(ii) the owner's billing rate for September 2017 and each
subsequent calendar month to and including May 2021
within 5 business days after the commencement of the
calendar month,
(
b) ensure that there is a link on the internet page to a historic
file of the owner's previous billing rates, if any, for the most
recent 12 months, and
(
c) ensure that the address of the internet page is shown on the
bill of each regulated rate customer to whom the billing rate
applies, with directions that current and historical billing
rates may be found on the internet page.
(5) An owner may communicate the information described in
subsection (4) using a method other than the internet, but must ensure
that
(
a) the method used to communicate the information will permit
regulated rate customers to whom a billing rate applies to
access the information easily,
(
b) the billing rate for each calendar month is available within 5
business days after the commencement of the calendar
month,
(
c) the billing rates, if any, for the most recent 12 months are
available at least once in a calendar month, and
(
d) information about the method to be used to communicate the
current and historical billing rates is shown on the bill of
each regulated rate customer to whom the billing rate applies.
(6) The Commission shall
(
a) calculate the reference rate for a calendar month, and
(
b) post the reference rate for a calendar month on the
Commission's internet page on the first day of the calendar
month, except that the Commission shall post the reference
rates for the months of June, July and August 2017 on or
before September 1, 2017.
(7) A reference rate posted for a calendar month under subsection
(6) is final and not subject to change except that the Commission may
correct an error made in calculating the reference rate.
Determination of payments
4(1) In respect of a month during which an owner determines electric
energy charges in accordance with
section 2(2)(b)(
i) of the Act, the
owner may be paid the full difference between
(
a) the amount the owner would charge if the owner determined
the electric energy charges for the month in accordance with
section 2(2)(
a) of the Act, and
(
b) the amount the owner charges when the owner determines
the electric energy charge in accordance with
section
2(2)(b)(
i) of the Act.
(2) The amount payable to an owner in respect of a month must
(
a) be determined initially using forecast values in accordance
with
section 5(4)(a),
(
b) be adjusted to an amount determined using actual values in
accordance with
section 5(4)(b), and
(
c) be finally reviewed and either confirmed or varied by the
Market Surveillance Administrator under
section 8.
Deferral account
5(1) An owner shall establish a deferral account for the purpose of the
administration of payments under
section 4 of the Act.
(2) Subject to subsection (3) and
section 9, within 5 business days
after the commencement of each calendar month during the period
beginning June 1, 2017 and ending on May 31, 2021, an owner shall
provide to the Market Surveillance Administrator
(
a) the actual consumption in kWh of regulated rate customers in
each rate class determined through the final load settlement
calculations for the most recent 6 months for which that
information is available, and
(
b) a completed deferral account statement for the calendar
month, in the form prescribed by the Minister, for the Market
Surveillance Administrator's approval.
(3) An owner is not required to provide the information specified in
subsection (2)(
a) or a deferral account statement under subsection
(2)(
b) to the Market Surveillance Administrator for a calendar month
that is prior to the first calendar month during the period beginning on
June 1, 2017 and ending on May 31, 2021 that the reference rate
exceeds 6.8 cents per kWh.
(4) An owner shall show the following in the owner's deferral account
statement:
(
a) for the calendar month for which the owner is making the
owner's submission under
section 12 of the Regulated Rate
Option Regulation
(
i) the monthly rate per kWh submitted by the owner for
each rate class,
(ii) the forecast consumption in kWh for regulated rate
customers in each rate class,
(iii) the reference rate,
(iv) the reimbursement rate for each rate class,
(
v) the billing rate for each rate class,
(vi) zero in respect of each rate class if the reference rate
does not exceed 6.8 cents per kWh, or zero in respect of
each rate class for which the monthly rate per kWh
being submitted by the owner does not exceed 6.8 cents
per kWh,
(vii) the amount determined by the following formula in
respect of each rate class for which the monthly rate per
kWh being submitted by the owner exceeds 6.8 cents
per kWh:
a = arr x fc
where
a is the amount to be shown in respect of that
rate class,
arr is the reimbursement rate for that rate class,
and
fc is the forecast consumption in kWh for that
month for regulated rate customers in that
rate class,
and
(viii) the total of the amounts shown under subclauses (vi)
and (vii), including any applicable goods and services
tax imposed under
Part IX of the Excise Tax Act
(Canada) on those amounts;
(
b) for each calendar month for which the monthly rates per kWh
determined in accordance with the owner's new RRO rate
energy price setting plan as posted or made available under
section 14 of the Regulated Rate Option Regulation and the
actual consumption in kWh determined through the final load
settlement calculations of regulated rate customers in each
rate class are available but have not previously been included
in a deferral account statement,
(
i) the monthly rate per kWh determined in accordance
with the owner's new RRO energy price setting plan for
each rate class for that month,
(ii) the actual consumption in kWh of regulated rate
customers in each rate class for that month determined
through the final load settlement calculations,
(iii) the reference rate and, as updated if applicable, the
reimbursement rate and billing rate for each rate class,
(iv) for each rate class, the amount previously shown in the
deferral account statement in respect of the month under
clause (a)(vi) or (vii),
(
v) for each rate class, the recalculation, determined in
accordance with the instructions set out in the deferral
account statement form, of the amount shown under
subclause (iv), and
(vi) for each rate class, the amount obtained by subtracting
the amount shown under subclause (iv) from the amount
shown under subclause (v);
(
c) the balance adjustment for the deferral account, being the
total of the amounts shown under clause (b)(vi) for the
months included under clause (b), including any applicable
goods and services tax imposed under
Part IX of the Excise
Tax Act (Canada) on those amounts;
(
d) the deferral account balance, if any, payable to the owner or
repayable to the Government of Alberta, determined by
adding the total amount shown under clause (a)(viii) and the
balance adjustment shown under clause (c).
Approval of deferral account statement
6(1) The Market Surveillance Administrator may determine the
process by which it approves a deferral account statement.
(2) In considering whether to approve a deferral account statement,
the Market Surveillance Administrator shall confirm the calculation of
amounts in the deferral account statement.
(3) An owner shall
(
a) provide to the Market Surveillance Administrator any records
or other information the Market Surveillance Administrator
may require to confirm the information and amounts set out
in deferral account statements submitted by the owner, and
(
b) retain records sufficient to enable the Market Surveillance
Administrator to audit the deferral account statements
submitted by the owner.
(4) An owner shall submit a corrected deferral account statement for
the Market Surveillance Administrator's approval under this
section if
(
a) the Market Surveillance Administrator determines that there
is an error in a deferral account statement or that there has
been a change in information set out in a deferral account
statement and the Market Surveillance Administrator requires
the owner to submit a corrected deferral account statement,
(
b) the owner determines that there is a material error in a
deferral account statement or that there has been a material
change in information set out in a deferral account statement.
(5) The Market Surveillance Administrator must determine whether to
approve a deferral account statement within 10 business days after the
first day of the calendar month in respect of which the deferral account
statement was submitted.
(6) An owner shall submit a deferral account statement to the Minister
within 5 business days after the deferral account statement is approved
by the Market Surveillance Administrator.
(7) On request of the Minister, the Market Surveillance Administrator
shall review an approved deferral account statement in detail to
confirm the accuracy of any of the information or amounts set out in
the deferral account statement.
Payment
7(1) The amount of a deferral account balance that is payable to an
owner as shown in an approved deferral account statement shall be
paid within 30 days after the Minister receives the approved deferral
account statement.
(2) An owner shall pay a deferral account balance that is repayable to
the Government of Alberta as shown in an approved deferral account
statement within 30 days after the deferral account statement is
approved by the Market Surveillance Administrator.
Final review and disposition of deferral account
8(1) An owner shall apply to the Market Surveillance Administrator
for a final review and disposition of the owner's deferral account
within 6 months after May 31, 2021.
(2) In conducting a final review and disposition of an owner's deferral
account the Market Surveillance Administrator shall review the
deferral account statements submitted by the owner in respect of the
period beginning on June 1, 2017, and ending on May 31, 2021, to
confirm the information and amounts set out in the deferral account
statements and determine whether
(
a) an amount remains owing to the owner under
section 4(1) of
this Regulation, or
(
b) the owner has been overpaid an amount under
section 4(1) of
this Regulation.
(3) An owner shall provide to the Market Surveillance Administrator
any records or other information the Market Surveillance
Administrator may require to confirm the information and amounts set
out in deferral account statements submitted by the owner.
(4) If, on a final review, the Market Surveillance Administrator
determines that an amount is owing to an owner under
section 4(1), the
amount shall be paid to the owner within 30 days after the date of the
Market Surveillance Administrator's determination.
(5) If, on a final review, Market Surveillance Administrator
determines that an owner has been overpaid under
section 4(1), the
owner shall repay the amount to the Minister within 30 days after the
date of the Market Surveillance Administrator's determination.
Transitional
9 Subject to
section 5(3), an owner shall provide the information
specified in
section 5(2)(
a) and the owner's deferral account statements
under
section 5(2)(
b) for June, July and August 2017 to the Market
Surveillance Administrator within 5 business days after September 1,
Coming into force and application
10 This Regulation comes into force on the coming into force of
section 2(2) of
An Act to Cap Regulated Electricity Rates and is
effective on and from June 1, 2017.
--------------------------------
Alberta Regulation 140/2017
Electric Utilities Act
MICRO-GENERATION AMENDMENT REGULATION
Filed: July 7, 2017
For information only: Made by the Minister of Energy (M.O. 69/2017) on July 5,
2017 pursuant to sections 41 and 99 of the Electric Utilities Act.
1 The Micro-generation Regulation (AR 27/2008) is
amended by this Regulation.
Section 1(1) is amended
(
a) by repealing clause (a.1)(iii) and substituting the
following:
(iii) either
(
A) enrolled with the same retailer, with each site
charged at the same rate for the supply of electric
energy, or
(
B) enrolled with the same regulated rate provider,
with each site charged at a regulated rate under a
regulated rate tariff referred to in
section 103 of
the Act for the supply of electric energy;
(
b) in clause (h)(ii) by adding "annual" before "energy";
(
c) in clause (
j) by adding "or aggregated sites" after "into
the micro-generator's micro-generation site";
(
d) by adding the following after clause (l):
(l.1) "service provider" means a retailer or a regulated rate
provider;
Section 4(4)(
b) is amended by striking out "to retailers"
and substituting "and aggregated sites to service providers".
Section 7 is amended
(
a) in subsections (1), (2) and (3) by striking out
"retailer" and substituting "service provider";
(
b) by repealing subsection (5) and substituting the
following:
(5) Subject to subsection (5.1), a micro-generator's service
provider shall credit the micro-generator for electric energy
supplied out of the micro-generator's micro-generation site at
the following rates:
(
a) in the case of small micro-generation, at the rate the
service provider charged the micro-generator for
electric energy supplied to the micro-generation site;
(
b) in the case of large micro-generation, at the hourly pool
price for each hour in the billing period.
(5.1) If a retailer and a micro-generator agree, in writing, the
retailer may credit the micro-generator for electric energy
supplied out of the micro-generator's micro-generation site at a
different rate than what is set out in subsection (5).
(
c) by repealing subsection (6) and substituting the
following:
(6) For small micro-generation,
(
a) service providers must submit for each
micro-generator's micro-generation site a generation
credit
summary report to the ISO on a monthly basis
listing
(
i) electric energy supplied out of the site during the
relevant month,
(ii) the rate the service provider charged the
micro-generator for electric energy supplied to the
micro-generation site for the month, and
(iii) the total credit, consisting of the amount in
subclause (
i) multiplied by the rate in subclause
(ii),
(
b) the ISO must
(
i) compensate service providers for the amount
determined under clause (a)(iii), and
(ii) recover the amount in subclause (
i) through the
applicable ISO tariff or fee, as determined by the
Commission,
and
(
c) unless the Commission directs otherwise, load
settlement agents are not required to include in load
settlement calculations the amount determined under
clause (a)(i).
(
d) in subsection (7) by striking out "retailers" wherever
it occurs and substituting "service providers".
Section 8 is amended by striking out "retailer" wherever it
occurs and substituting "service provider".
Alberta Regulation 141/2017
Alberta Housing Act
MANAGEMENT BODY OPERATION AND ADMINISTRATION
AMENDMENT REGULATION
Filed: July 7, 2017
For information only: Made by the Minister of Seniors and Housing
(M.O. H:001/17) on July 5, 2017 pursuant to
section 34 of the Alberta Housing Act.
1 The Management Body Operation and Administration
Regulation (AR 243/94) is amended by this Regulation.
Section 1(1) is amended by adding the following after
clause (d):
(d.1) "record" has the meaning given to it in the Freedom of
Information and Protection of Privacy Act;
Section 4 is amended by striking out "Deputy Minister" and
substituting "Minister".
Section 5 is amended
(
a) in clause (
c) by adding "or adult interdependent partner"
after "the member's spouse" wherever it occurs;
(
b) by repealing clause (
d) and substituting the
following:
(d) "spouse" means the spouse of a married person but does
not include a spouse who is living separate and apart
from the person if the person and spouse have separated
pursuant to a written separation agreement or if their
support obligations and family property have been dealt
with by a court order.
Section 5.2 is amended
(
a) by repealing subsection (1) and substituting the
following:
Monetary interest
5.2(1) Subject to subsection (3), a member has a monetary
interest in a matter if
(
a) the matter could monetarily affect the member or an
employer of the member, or
(
b) the member knows or should know that the matter could
monetarily affect the member's family.
(
b) by repealing subsection (3) and substituting the
following:
(3) A member does not have a monetary interest by reason
only of any interest
(
a) that the member, an employer of the member or a
member of the member's family may have as a tenant of
the housing accommodation that is operated and
administered by the management body,
(
b) that the member or a member of the member's family
may have by reason of being appointed by the board as
a director of a company incorporated for the purpose of
carrying on business for and on behalf of the
management body or by reason of being appointed as
the representative of the board on another body,
(
c) that the member or a member of the member's family
may have with respect to any allowance, honorarium,
remuneration or benefit to which the member or
member of the member's family, may be entitled by
being appointed by the board to a position described in
clause (b),
(
d) that the member may have with respect to any
allowance, honorarium, remuneration or benefit to
which the member may be entitled by being a member,
(
e) that the member or a member of the member's family
may have by being employed by the Government of
Canada, the Government of Alberta or a federal or
provincial Crown corporation or agency, except with
respect to a matter directly affecting the department,
corporation or agency of which the member or member
of the member's family is an employee,
(
f) that a member of the member's family may have by
having an employer, other than the management body,
that is monetarily affected by a decision of the
management body,
(
g) that the member or a member of the member's family
may have by being a member or director of a credit
union, a co-operative association or a non-profit
organization formed under an enactment or a service
club,
(
h) of the member, an employer of the member or a
member of the member's family, that is held in common
with the majority of the tenants of the housing
accommodation that is operated and administered by the
management body,
(
i) that is so remote or insignificant that it cannot
reasonably be regarded as likely to influence the
member, or
(
j) that a member may have by discussing or voting on a
matter that applies to businesses or business activities
when the member, an employer of the member or a
member of the member's family has an interest in a
business, unless the only business affected by the matter
is the business of the member, the employer of the
member or the member's family.
Section 5.3(a)(
i) is amended by striking out "including the
adult interdependent partner of the member,".
Section 5.4 is amended by striking out "pecuniary interest"
wherever it occurs and substituting "monetary interest".
Section 5.5 is amended by striking out "pecuniary interest"
and substituting "monetary interest".
Section 5.6(1) is amended
(
a) in clause (
g) by striking out "pecuniary interest" and
substituting "monetary interest";
(
b) in clause (
h) by striking out "pecuniary benefit" and
substituting "monetary benefit".
Section 5.8(2) is amended by striking out "pecuniary
benefit" and substituting "monetary benefit".
Section 7 is amended
(
a) in subsection (2) by striking out "state the day, hour
and place of every such meeting" and substituting "state
the day and time of every such meeting and the place or
manner in which each meeting will be held,";
(
b) by repealing subsection (4) and substituting the
following:
(4) Notice of a special meeting setting out in writing the time
of the meeting, the place or manner in which the meeting will
be held and in general terms the nature of the business to be
transacted at the meeting shall be given to each member of the
board
(
a) by mailing the notice to the member's address at least 6
days before the day of the meeting,
(
b) by e-mailing the notice to the member at an e-mail
address provided by the member at least 3 days before
the day of the meeting, if the member has consented in
writing to the receipt of notice by e-mail, or
(
c) by personally delivering the notice to the member or
any adult person at the member's residence at least 3
days before the date of the meeting.
(
c) by repealing subsection (5) and substituting the
following:
(5) The chair may orally or by notice in writing call a special
meeting of the board on shorter notice than that required under
subsection (4), but the special meeting may not be held unless
(
a) the notice states the time of the meeting, the place or
manner in which the meeting will be held and in general
terms the nature of the business to be transacted at the
meeting, and
(
b) at least 2/3 of the members of the board give written
consent to the holding of the meeting.
Section 9 is amended
(
a) in subsection (1) by striking out "may" and
substituting "shall";
(
b) in subsection (2) by striking out "Where a management
body holds an annual meeting it" and substituting "A
management body".
13 Sections 10, 11 and 12 are repealed.
Section 13 is repealed and the following is substituted:
Records retention
13(1) A management body shall create, organize, retain and dispose
of all records and accounts created under the Act in its possession in
Alberta in accordance with the applicable records disposition policy
or, in the absence of an applicable records disposition policy, in a
manner satisfactory to the Minister.
(2) The records and accounts referred to in subsection (1) are the
property of the Crown.
Section 16 is repealed and the following is substituted:
Business plans
16(1) Each year, a management body must, on or before the date
specified by the Minister, prepare and submit to the Minister a
business plan that covers a 3-fiscal-year period and that includes
(
a) the operating budget for the upcoming 3-fiscal-year period,
(
b) a capital plan for the upcoming 5-fiscal-year period, and
(
c) any other information required by the Minister.
(2) The business plan referred to in subsection (1) must be
submitted in a form and manner satisfactory to the Minister.
16 Sections 17 to 20 are repealed.
Section 23(1) is amended by striking out "to him".
Section 26(1) is repealed and the following is
substituted:
Investments
26(1) In this section, "securities" has the meaning set out in the
Financial Administration Act.
Section 30(1) is amended by striking out "Deputy
Minister" and substituting "Minister".
Section 32(2) is amended by striking out "Deputy
Minister" and substituting "Minister".
Section 34 is amended
(
a) by repealing subsection (1) and substituting the
following:
Insurance
34(1) A management body shall, without limiting its
obligations or liabilities, insure its operation and administration
of housing accommodation, under a contract of general liability
insurance with an insurer licensed in Alberta in an amount
satisfactory to the Minister.
(
b) in subsection (4) by adding "that is satisfactory to the
Minister" after "replacement of the housing
accommodation";
(
c) in subsection (5) by adding "that is satisfactory to the
Minister" after "replacement of the contents";
(
d) by repealing subsection (6) and substituting the
following:
(6) A management body shall maintain an automobile liability
insurance policy in respect of the use and operation of each
automobile owned or leased by the management body in an
amount satisfactory to the Minister.
(
e) by repealing subsection (7) and substituting the
following:
(7) A management body shall maintain a comprehensive crime
insurance policy satisfactory to the Minister, including a
fidelity bond, in an amount covering the management body's
exposure for loss resulting from theft, fraud and other similar
offences, whether committed by its directors, officers or
employees or by other persons, whether acting alone or in
collusion with others.
(7.1) The management body's exposure for loss referred to in
subsection (7) must include all money and property entrusted
to the management body and any money or property for which
the management body may be legally liable.
(7.2) All deductible amounts are the responsibility of the
management body.
Section 36(1) is amended by striking out "Deputy
Minister" and substituting "Minister".
Section 37(1)(
c) is amended by striking out "Deputy
Minister" and substituting "Minister".
Section 38 is repealed.
25 This Regulation comes into force on September 1,
--------------------------------
Alberta Regulation 142/2017
Alberta Housing Act
HOUSING ACCOMMODATION TENANCIES AMENDMENT REGULATION
Filed: July 7, 2017
For information only: Made by the Minister of Seniors and Housing
(M.O. H:002/17) on July 5, 2017 pursuant to
section 34 of the Alberta Housing Act.
1 The Housing Accommodation Tenancies Regulation
(AR 242/94) is amended by this Regulation.
Section 9 is repealed.
Section 10 is repealed.
4 This Regulation comes in force on September 1, 2017.
Alberta Regulation 143/2017
Alberta Housing Act
LODGE ASSISTANCE PROGRAM AMENDMENT REGULATION
Filed: July 7, 2017
For information only: Made by the Minister of Seniors and Housing
(M.O. H:003/17) on July 5, 2017 pursuant to
section 34 of the Alberta Housing Act.
1 The Lodge Assistance Program Regulation (AR 406/94)
is amended by this Regulation.
Section 3 is amended
(
a) in subsection (1) by striking out "On and from April 1,
1996, the" and substituting "The";
(
b) in subsection (3) by striking out "citizen".
Section 5 is repealed.
4 This Regulation comes in force on September 1, 2017.
--------------------------------
Alberta Regulation 144/2017
Alberta Housing Act
RENT SUPPLEMENT AMENDMENT REGULATION
Filed: July 7, 2017
For information only: Made by the Minister of Seniors and Housing
(M.O. H:004/17) on July 5, 2017 pursuant to
section 34 of the Alberta Housing Act.
1 The Rent Supplement Regulation (AR 75/95) is amended
by this Regulation.
Section 7(1) is amended by striking out "to him" and
substituting "to the landlord".
Section 10 is repealed.
Section 12 is repealed.
5 This Regulation comes in force on September 1, 2017.
--------------------------------
Alberta Regulation 145/2017
Alberta Housing Act
SOCIAL HOUSING ACCOMMODATION AMENDMENT REGULATION
Filed: July 7, 2017
For information only: Made by the Minister of Seniors and Housing
(M.O. H:005/17) on July 5, 2017 pursuant to
section 34 of the Alberta Housing Act.
1 The Social Housing Accommodation Regulation
(AR 244/94) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)(
l) by striking out "Income Supports,
Health and Training Benefits Regulation (AR 60/2004)" and
substituting "Income Support, Training and Health
Benefits Regulation (AR 122/2011)";
(
b) in subsection (4)
(
i) in clause (
g) by adding "registered disability
savings plans, registered education savings plans,"
after "assets in pension funds,";
(ii) by adding the following after clause (i):
(
j) a payment or refund, designated by the Minister,
that is received, directly or indirectly, from the
Government of Alberta or the Government of
Canada;
Section 8 is amended
(
a) by repealing subsection (1) and substituting the
following:
Interpretation
8(1) In this Part, "income thresholds for the municipality"
means the household income limits prescribed by the Minister.
(
b) in subsection (2)(
b) by striking out "core need income
threshold for the municipality" and substituting "income
threshold for the municipality";
(
c) in subsection (3)(
b) by striking out "unless the
individual is married to that member or is the" and
substituting "unless the individual is the spouse or ".
4 The heading preceding 14 and sections 14 to 17 are
repealed.
Section 19 is repealed.
Schedule E is repealed.
7 This Regulation comes into force on September 1, 2017.
--------------------------------
Alberta Regulation 146/2017
Alberta Housing Act
SOCIAL HOUSING ACCOMMODATION (INCOME, ASSETS,
PRIORITIZATION) AMENDMENT REGULATION
Filed: July 7, 2017
For information only: Made by the Minister of Seniors and Housing
(M.O. H:016/17) on July 5, 2017 pursuant to
section 34 of the Alberta Housing Act.
1 The Social Housing Accommodation Regulation
(AR 244/94) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) by repealing clause (
c) and substituting the
following:
(c) "adjusted income" means, in respect of a senior
household, the total annual income - senior
household less any amounts deducted under
subsection (3);
(ii) by repealing clause (
n) and substituting the
following:
(n) "total annual income - non-senior household"
means the total gross income, including
self-employment income, from all sources, of all
members of the household 15 years of age or older,
except
(
i) a child tax benefit under the Income Tax Act
(Canada),
(ii) a payment made under a Government of
Alberta program for the basic or
extraordinary maintenance costs of an
individual for whom the household or a
member of the household is providing or is
responsible for providing care,
(iii) income of a live-in aide,
(iv) any withdrawals from registered retirement
savings plans or registered retirement income
funds,
(
v) all or any portion of an annuity payment
comprising principal,
(vi) any funds received as a scholarship, bursary
or other form of contribution from a person
who is not a member of the household and
used for educational purposes at a recognized
school or educational institution,
(vii) where the household consists of
(
A) one or more adults who receive income
from any source, and
(
B) one or more dependent children,
an amount not exceeding $1200 each year of
the income from any source of one of the
adults,
(viii) the gross employment income of each
dependant who attends a recognized school or
educational institution full time,
(ix) any repayable loans obtained for any member
of the household for the purposes of
education, including loans obtained under a
federal or provincial student loan program,
(
x) any reimbursement of travelling and living
expense received in the course of
employment,
(xi) any lump-sum insurance settlement,
inheritance, compensation for loss or damage
to person or property, including Canada
Pension Plan death benefits, proceeds of the
sale of real or personal property, or any other
form of lump-sum settlement except for
lump-sum employment settlements,
(xii) payments of compensation received for
damage or loss caused by a disaster or an
emergency as determined by the Government
of Alberta designated by the Minister as a
payment of compensation to which this
clause applies, and
(xiii) a payment or refund received directly or
indirectly from the Government of Alberta or
Minister as a payment or refund to which this
clause applies;
(iii) by adding the following after clause (n):
(o) "total annual income - senior household" means
(
i) in the case of a senior household, except
where subclause (ii) or (iii) applies, the total
income of all members of the senior
household, each of whose income is
(
A) the total income shown on line 150 of
the Notice of Assessment in respect of
the income tax return filed by the
member under the Income Tax Act
(Canada) for the immediately preceding
taxation year, or
(
B) if a Notice of Assessment is not
available for the immediately preceding
taxation year, the amount that is
determined and verified by the
management body using the same
income information that would have
been used by the member to report total
income on line 150 of an income tax
return for the immediately preceding
taxation year,
(ii) in the case of a senior household that includes
or consists of 2 individuals who are the
spouse or adult interdependent partner of one
another, one of whom is 65 years of age or
older, and who have not jointly elected to
split pension income, the total income of all
members of the senior household determined
in accordance with subclause (i), and
(iii) in the case of a senior household that includes
or consists of 2 individuals who are the
spouse or adult interdependent partner of one
another, one of whom is 65 years of age or
older, and who have jointly elected to split
pension income, the sum of
(
A) the amount shown on line 150 less the
amount shown on line 210 of the Notice
of Assessment in respect of the income
tax return filed under the Income Tax
Act (Canada) by the individual who is
receiving the pension, and
(
B) the amount shown on line 150 of the
Notice of Assessment in respect of the
income tax return filed under the Income
Tax Act (Canada) by the other
individual,
where the amount deducted on line 210 of the
Notice of Assessment of the individual who
is receiving the pension and the amount
claimed on line 116 of the other individual's
Notice of Assessment are the same,
but does not include a payment or refund directly
or indirectly from the Government of Alberta or
Minister as a payment or refund to which this
definition applies.
(
b) by repealing subsection (3) and substituting the
following:
(3) For the purpose of determining the adjusted income of a
senior household, the following are to be deducted from the
total annual income - senior household:
(
a) any withdrawals from registered retirement savings
plans or registered retirement income funds;
(
b) all or any portion of an annuity payment comprising
principal;
(
c) any funds received as a scholarship, bursary or other
form of contribution from a person who is not a member
of the household and used for educational purposes at a
recognized school or educational institution;
(
d) where the household consists of
(
i) one or more adults who receive income from any
source, and
(ii) one or more dependent children,
an amount not exceeding $1200 each year of the income
from any source of one of the adults;
(
e) the gross employment income of each dependant who
attends a recognized school or educational institution
full time;
(
f) any lump-sum insurance settlement, inheritance,
compensation for loss or damage to person or property,
including Canada Pension Plan death benefits, proceeds
of the sale of real or personal property, or any other
form of lump-sum settlement except for lump-sum
employment settlements.
(
c) in subsection (4)
(
i) by repealing clause (
d) and substituting the
following:
(
d) the equity in one motor vehicle that is not
primarily used for recreation;
(ii) by repealing clauses (
h) and (
i) and
substituting the following:
(
h) the tools, implements, equipment, reference
materials and supplies necessary for the
profession, trade or calling of a member of the
household;
(
i) Tax Free Savings Accounts.
Section 5 is repealed and the following is substituted:
Income verification
5(1) Except as provided in subsection (2), a management body must
verify the total annual income - non-senior household for all social
housing accommodation,
(
a) before the household is allocated social housing
accommodation, and
(
b) at least once each year while the household is occupying
social housing accommodation.
(2) A management body must verify the total annual income -
senior household and the adjusted income of a senior household for
all social housing accommodation, except lodge accommodation
under sections 10 and 11,
(
a) before the senior household is allocated social housing
accommodation, and
(
b) at least once each year while the senior household is
occupying social housing accommodation.
Section 6(2)(
b) is repealed and the following is
substituted:
(
b) must be reduced if
(
i) in the case of a non-senior household, the household's
total annual income - non-senior household decreases
by an amount established by the Minister, and
(ii) in the case of a senior household, the household's total
annual income - senior household decreases by an
amount established by the Minister.
Section 8(2) is repealed and the following is substituted:
(2) For the purposes of this Part, a non-senior household is in core
housing need if
(
a) it is unable to acquire or maintain adequate or suitable
accommodation without paying more than 30% of its total
annual income - non-senior household for accommodation,
and
(
b) it has a total annual income - non-senior household below
the income threshold for the municipality where the social
housing accommodation applied for is located and for which
the household makes application.
(2.1) For the purposes of this Part, a senior household is in core
housing need if
(
a) it is unable to acquire or maintain adequate or suitable
accommodation without paying more than 30% of its
adjusted income for accommodation, and
(
b) it has a total annual income - senior household below the
income threshold for the municipality where the social
housing accommodation applied for is located and for which
the household makes application.
Section 9(2)(
b) is amended by striking out "$7000" and
substituting "$25 000".
Schedule A,
Part 1,
section 2 is amended
(
a) in item B
(
i) by repealing subsection (1) and substituting
the following:
(1) The calculation to be used to determine the percentage
of rent paid relative to the household's income is:
(
a) in the case of a non-senior household:
Rent paid x 100 = % of Rent to Income
total annual income - non-senior household
(
b) in the case of a senior household:
Rent paid x 100 = % of Rent to Income
total annual income - senior household
(ii) by repealing subsection (2);
(
b) by repealing item C and substituting the following:
C Special circumstances
(1) Subject to subsection (2), a household applying for social
housing accommodation
(
a) that has been served a notice to vacate or a notice
to terminate a tenancy agreement in relation to its
current accommodation is to be awarded 15 points,
(
b) that requires a housing accommodation as a result
of an emergency situation, including family
violence, and is able to live independently with
community-based services is to be awarded 15
points, and
(
c) may be awarded a maximum of 15 points relating
to special circumstances appropriate to the
household or the social housing accommodation,
as determined by the Minister.
(2) No points may be awarded under this
section if the
household committed a breach of the tenancy agreement,
repudiated the tenancy agreement or abandoned the premises,
or if the tenancy has been otherwise terminated as a result of
the household's contravention of the Residential Tenancies
Act or any other law.
(
c) by repealing item I Deductions.
Schedule B is amended
(
a) by repealing
Part 1,
section 2 and substituting the
following:
2 For each household, the basic rent is
(
a) in the case of a non-senior household, 30% of its total
annual income - non-senior household, and
(
b) in the case of a senior household, 30% of the
household's adjusted income.
(
b) by repealing
Part 2,
section 1(
b) and substituting
the following:
(
b) with respect to other household members,
(
i) in the case of a non-senior household, 30% of its
total annual income - non-senior household, and
(ii) in the case of a senior household, 30% of the
household's adjusted income.
Schedule D,
section 1(1)(
d) is amended by striking out
"total monthly income" and substituting "total monthly income -
senior household".
10 This Regulation comes into force on January 1, 2018.
--------------------------------
Alberta Regulation 147/2017
Various Acts
HEALTH REGULATIONS (MINISTERIAL) AMENDMENT REGULATION
Filed: July 7, 2017
For information only: Made by the Minister of Health (M.O. 34/2017) on June 19,
2017 pursuant to
section 66(2)(
n) of the Public Health Act and
section 53(4)(
c) of the
Mental Health Act.
1 The Bodies of Deceased Persons Regulation
(AR 135/2008) is amended in
section 10 by striking out
"August 31, 2017" and substituting "August 31, 2020".
2 The Mental Health Act Forms Regulation (AR 136/2004) is
amended in
section 18 by striking out "November 30, 2017"
and substituting "November 30, 2020".