Alberta Regulation 133/2011

Oil Sands Conservation Act

OIL SANDS CONSERVATION AMENDMENT REGULATION

Filed: July 7, 2011

For information only: Made by the Energy Resources Conservation Board on June

27, 2011 pursuant to

section 20 of the Oil Sands Conservation Act.

1 The Oil Sands Conservation Regulation (AR 76/88) is

amended by this Regulation.

Section 1(2)(

x) is repealed.

Section 2 is amended by striking out "section 10, 11, 12 or

13 of the Act" and substituting "section 10, 11 or 13 of the Act".

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

Alberta Regulation 134/2011

Protection Against Family Violence Act

PROTECTION AGAINST FAMILY VIOLENCE AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 293/2011)

on July 13, 2011 pursuant to

section 14 of the Protection Against Family Violence

Act.

1 The Protection Against Family Violence Regulation

(AR 80/99) is amended by this Regulation.

Section 1 is amended

(

a) in subsection (1)(

c) by striking out "designated";

(

b) in subsection (2)(a)

(

i) in subclause (

i) by adding "and" after "duties,";

(ii) in subclause (ii) by striking out "and";

(iii) by repealing subclause (iii).

Section 2 is repealed.

4 This Regulation comes into force on the coming into

force of the Protection Against Family Violence Amendment

Act, 2011.

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Alberta Regulation 135/2011

Municipal Government Act

BARRHEAD REGIONAL WATER COMMISSION REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 295/2011)

on July 13, 2011 pursuant to

section 602.02 of the Municipal Government Act.

Table of Contents

1 Definition

2 Establishment

3 Members

4 Services

5 Operating deficits

6 Sale of property

7 Profit and surpluses

8 Approval

9 Transfer of property

10 Assumption of debts, etc.

Definition

1 In this Regulation, "member municipality" means a municipality

referred to in

section 3.

Establishment

2 A regional services commission known as the Barrhead Regional

Water Commission is established.

Members

3 The following municipalities are members of the Commission:

(

a) County of Barrhead No. 11;

(

b) Town of Barrhead.

Services

4 The Commission is authorized to provide potable water through the

operation of a water treatment and transmission system.

Operating deficits

5 The Commission may not assume operating deficits that are shown

on the books of any of the member municipalities.

Sale of property

6(1) The Commission may not, without the approval of the Minister,

sell any of its land, buildings, equipment or inventory whose purchase

has been funded wholly or partly by grants from the Government of

Alberta.

(2) The Minister may not approve a sale under subsection (1) unless

the Minister is satisfied

(

a) as to the repayment of the grants from the Government of

Alberta and outstanding debt associated with that portion of

the land, buildings, equipment or inventory to be sold,

(

b) that the sale would not have a significant adverse effect on

the services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surpluses

7 Unless otherwise approved by the Minister, the Commission may

not

(

a) operate for the purposes of making a profit, or

(

b) distribute any of its surpluses to its member municipalities.

Approval

8 The Minister may make an approval under

section 6 or 7 subject to

any terms or conditions the Minister considers appropriate.

Transfer of property

9 The member municipalities shall execute all documents and do all

things necessary to transfer to the Commission the Neerlandia

Waterline.

Assumption of debts, etc.

10 All debts and liabilities, all titles, easements and rights of way and

crossing and all service, construction and consulting agreements

incurred, held or entered into by any of the member municipalities

with respect to the Neerlandia Waterline are assumed by the

Commission, and the Commission shall enter into any agreements,

execute any documents and do any other things that are necessary to

assume those debts, liabilities, titles, easements, rights of way and

crossing and agreements.

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

Alberta Regulation 136/2011

Municipal Government Act

HIGHWAY 28/83 REGIONAL WATER SERVICES

COMMISSION REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 296/2011)

on July 13, 2011 pursuant to sections 602.02 and 602.4 of the Municipal Government

Act.

Table of Contents

Definitions

2 Establishment

3 Member municipalities

4 Services

5 Operating deficits

6 Sale of property

7 Profit and surpluses

8 Approval

9 Transfer of assets

10 Assumption of debts, etc.

11 Disestablishment

12 Repeal

Schedule

Definitions

1 In this Regulation,

(a) "former Commission" means the Thorhild Regional Water

Services Commission established by the Thorhild Regional

Water Services Commission Regulation (AR 367/92);

(b) "member municipality" means a municipality referred to in

section 3.

Establishment

2 A regional services commission known as the Highway 28/63

Regional Water Services Commission is established.

Member municipalities

3 The following municipalities are members of the Commission:

(

a) The County of Thorhild No. 7;

(

b) Smoky Lake County;

(

c) Town of Smoky Lake;

(

d) Village of Vilna;

(

e) Village of Waskatenau.

Services

4 The Commission is authorized to provide for the transmission of

potable water.

Operating deficits

5 The Commission may not assume operating deficits that are shown

on the books of any of the member municipalities.

Sale of property

6(1) The Commission may not, without the approval of the Minister,

sell any of its land, buildings, equipment or inventory whose purchase

has been funded wholly or partly by grants from the Government of

Alberta.

(2) The Minister may not approve a sale under subsection (1) unless

the Minister is satisfied

(

a) as to the repayment of the grants from the Government of

Alberta and outstanding debt associated with that portion of

the land, buildings, equipment or inventory to be sold,

(

b) that the sale would not have a significant adverse effect on

the services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surpluses

7 Unless otherwise approved by the Minister, the Commission may

not

(

a) operate for the purposes of making a profit, or

(

b) distribute any of its surpluses to its member municipalities.

Approval

8 The Minister may make an approval under

section 6 or 7 subject to

any terms or conditions the Minister considers appropriate.

Transfer of assets

9(1) The former Commission shall execute all documents and do all

things necessary to transfer to the Commission all land, buildings and

personal property held or acquired by the former Commission for the

design, construction or provision of water services by the regional

system, including the property specified in the Schedule.

(2) The member municipalities shall execute all documents and do all

things necessary to transfer to the Commission all land, buildings and

personal property held or acquired by the member municipalities for

the design, construction or provision of water services by the regional

system, including the property specified in the Schedule.

Assumption of debts, etc.

10(1) All debts and liabilities, all titles, easements and rights of way

and crossing and all service, construction, consulting and other

agreements incurred, held or entered into by any of the member

municipalities or the former Commission with respect to the land,

buildings and other property listed in the

Schedule to this Regulation

are assumed by the Commission.

(2) The municipalities, the former Commission and the Commission

shall enter into any agreements, execute any documents and do any

other things necessary to allow the Commission to assume those debts,

liabilities, titles, easements, rights of way and crossing and service,

construction, consulting and other agreements referred to in subsection

(1).

Disestablishment

11 On the transfer of the assets and liabilities of the former

Commission to the Commission in accordance with

section 9, and the

assumption by the Commission of all debts and liabilities, titles,

easements, rights of way and crossing and all service, construction,

consulting and other agreements incurred, held or entered into by the

former Commission in accordance with

section 10, the former

Commission is disestablished.

Repeal

12 The Thorhild Regional Water Services Commission Regulation

(AR 367/92) is repealed on December 31, 2011.

Schedule

Transmission waterlines to be acquired by the Commission from the

former Commission:

Town of Redwater to

Hamlet of Egremont 14 km 200 mm pipe

Hamlet of Egremont to

Hamlet of Thorhild 14 km 200 mm pipe

Hamlet of Egremont to

Hamlet of Radway 12.75 km 100 mm pipe

Transmission waterlines to be acquired by the Commission from The

County of Thorhild No.7:

Thorhild to Abee 11 km 150 mm PVC pipe

Abee to Newbrook 12 km 150 mm PVC pipe

Radway to Waskatenau 11 km 300 mm PVC pipe

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

Alberta Regulation 137/2011

Municipal Government Act

KNEEHILL REGIONAL WATER SERVICES COMMISSION

AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 297/2011)

on July 13, 2011 pursuant to

section 602.02 of the Municipal Government Act.

1 The Kneehill Regional Water Services Commission

Regulation (AR 224/2003) is amended by this Regulation.

2 The title of the Regulation is repealed and the following

is substituted:

AQUA 7 REGIONAL WATER

COMMISSION REGULATION

3 The following is added after

section 1:

Change of name

1.1(1) The name of the Commission is changed to the Aqua 7

Regional Water Commission.

(2) The change of name does not affect any obligation, right, action

or property of the Commission.

(3) The use of the former name of the Commission in any

proceedings, agreements, notices or documents after the name has

been changed does not affect the validity of those proceedings,

agreements, notices or documents.

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

Alberta Regulation 138/2011

Safety Codes Act

PRESSURE EQUIPMENT SAFETY AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 298/2011)

on July 13, 2011 pursuant to

section 65 of the Safety Codes Act.

1 The Pressure Equipment Safety Regulation (AR 49/2006)

is amended by this Regulation.

Section 1(1) is amended by adding the following after

clause (ee):

(ee.1) "shop inspection" means the inspection by a safety codes

officer of any boiler or pressure vessel during, and upon

completion of, construction in Alberta;

Section 3(

a) is amended by striking out "(AR 113/2005)"

and substituting "(AR 111/2010)".

Section 6 is amended

(

a) in clause (

d) by striking out "2007" and substituting

"2010";

(

b) in clause (e)

(

i) in subclause (

i) by striking out "2004" and

substituting "2010";

(ii) in subclause (ii) by striking out "2006" and

substituting "2010";

(iii) in subclause (iii) by striking out "2001" and

substituting "2010";

(iv) in subclause (iv) by striking out "2004" and

substituting "2008";

(

c) in clause (g)

(

i) in subclause (

i) by striking out "2004" and

substituting "2011";

(ii) in subclause (ii) by striking out "2004" and

substituting "2008";

(

d) in clause (

h) by striking out "1998" and substituting

"2008";

(

e) in clause (

i) by striking out "8th" and substituting

"9th";

(

f) in clause (j)

(

i) by striking out "2002" and substituting "2006";

(ii) by striking out "4th" and substituting "6th";

(

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

(

k) ISO-16528 Boilers and Pressure Vessels -

Part 1, 1st

Edition, 2007 for construction not addressed in the

above codes and standards provided the same

engineering philosophy, safety margins and

administrative requirements in CSA B51 are followed.

Section 25 is amended by striking out "and" at the end of

clause (a), adding "and" at the end of clause (

b) and adding

the following after clause (b):

(

c) ensure shop inspection is conducted by a safety codes officer

when the manufacturer's data report must be certified.

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

Alberta Regulation 139/2011

Agriculture Financial Services Act

AGRICULTURE FINANCIAL SERVICES AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 299/2011)

on July 13, 2011 pursuant to

section 56 of the Agriculture Financial Services Act.

1 The Agriculture Financial Services Regulation

(AR 99/2002) is amended by this Regulation.

Section 46.4(

a) is amended by adding "or hogs" after "beef

cattle".

Section 46.51(

b) is amended by striking out ", to which the

livestock is relocated for feeding due to emergency or other

extenuating circumstances".

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

Alberta Regulation 140/2011

Peace Officer Act

PEACE OFFICER AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 317/2011)

on July 13, 2011 pursuant to

section 28 of the Peace Officer Act.

1 The Peace Officer Regulation (AR 291/2006) is amended

by this Regulation.

Section 5(2)(

a) is repealed and the following is

substituted:

(

a) that occurs in the course of the peace officer's duties

pursuant to that peace officer enforcing any of the following

Acts or regulations under those Acts:

(

i) the Animal Protection Act;

(ii) the Dangerous Dogs Act;

(iii) the Provincial Parks Act;

(iv) the Stray Animals Act;

(

v) the Wildlife Act;

Section 9 is amended by striking out "75%" and

substituting "50%".

Section 11 is amended by striking out "March 31, 2012"

and substituting "March 31, 2021".

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

Alberta Regulation 141/2011

Election Act

ELECTION ACT FORMS REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 319/2011)

on July 13, 2011 pursuant to

section 207 of the Election Act.

Election Act forms

1(1) The forms in the

Schedule to this Regulation are prescribed for

the purposes of the sections of the Election Act indicated on the forms.

(2) The forms required to be prescribed under the Election Act that are

not set out in the

Schedule are to be prescribed by the Chief Electoral

Officer.

Repeal

2 The Election Act Forms Regulation (AR 213/2004) is repealed.

Schedule

Form 1

(Section 39)

Writ of Election

Canada

Province of Alberta

Elizabeth The Second, by the Grace of God, of the United Kingdom,

Canada and her other Realms and Territories, Queen, Head of the

Commonwealth, Defender of the Faith.

To , Returning Officer of the Electoral

Division of .

Greeting:

We command you that, notice of the time and place of election being

given, you do cause an election to be held according to law, to elect a

Member to serve in the Legislative Assembly of Our Province of

Alberta for the Electoral Division of with nomination day for the

election to be the day of , 20__, and that in the event of a poll

being required you do cause a poll to be taken on the day of ,

20 , and you do certify the name of the member so elected to the

Chief Electoral Officer on the day of , 20 , being the date

fixed for the return of the writ.

Dated at the City of Edmonton in the Province of Alberta, this

day of , 20 .

Endorsement

By Order: This writ received on the

day of , 20

Chief Electoral Officer Returning Officer

Form 2

(Sections 9, 28, 47, 47.1, 71, 73, 113)

Appointment and Oath of Election Officer

I, (print name) of (print address) , appointed as

(position) in the Electoral Division of , Polling

Subdivision number (complete if applicable) , in the Province of

Alberta, swear (or affirm) that I am legally qualified to act as

(position) and that I will act impartially and diligently in carrying

out my duties under the Election Act.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature of election officer)

(signature of authorized person)

Print name:

Authority to administer oath:

Form 3

(Sections 59, 60, 61)

Candidate Nomination Paper

We, the undersigned electors, resident in the Electoral Division of

, nominate (print name of candidate ) , representing

(political party, if applicable) , as a candidate for the election.

Printed Name

of Elector

Residential Address in

Electoral Division

Signature of Elector

I, (print name) , swear (or affirm) that I witnessed the signatures of

the electors recorded on this Candidate Nomination Paper.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature of witness)

(signature of authorized person)

Print name:

Authority to administer oath:

A person who takes a false oath under the Election Act commits an

offence and is liable to a fine or imprisonment.

? Each elector must be ordinarily resident in the named

electoral division.

? To be signed by 25 or more electors in the presence of the

witness.

? Each page containing signatures must be witnessed.

Address for Service

Documents may be served and notices given respecting the candidate

at:

(campaign address including postal code - for publication)

(campaign telephone number - for publication)

(campaign fax number - for publication)

Official Agent

In accordance with

section 60 of the Election Act, I appoint (print

name of official agent) of (complete home address including postal

code) (telephone number) as my official agent.

I, (print name) , confirm that I am not a candidate and that I consent

to my appointment as the official agent.

(signature of official agent) (date)

Declaration of Candidate

I, (print name of candidate) , declare that I am eligible under

section

56 of the Election Act to be a candidate, that I consent to my

nomination and that I wish my name to appear on the ballot paper as

(print any combination of given name, middle name, initials or

nickname) (print surname) .

Complete A or B, whichever applies

A The Candidate Nomination Endorsement Certificate from

(political party) confirms that I am the officially endorsed

candidate for the Electoral Division of

B I am an independent candidate in the Electoral Division of

I understand that prior to my nomination being accepted, I

must be registered with the Office of the Chief Electoral

Officer pursuant to

section 9 of the Election Finances and

Contributions Disclosure Act.

(signature of candidate) (date)

Form 4

(Sections 64, 65(2))

Election Acclamation

I hereby certify that the candidate elected for the Electoral Division of

in pursuance of the Writ of Election is

(name of candidate) (political party if applicable)

The acclamation is the result of (check one):

? no other candidates having been nominated

? the other candidate(

s) having withdrawn

(signature of returning officer) (date)

Form 5

(Section 78)

Oath of Interpreter

I, (print name) of (address) appointed as an

interpreter in the Electoral Division of for polling

station number(

s) in the Province of Alberta, swear (or

affirm)

? that I will faithfully read or translate such statements, instructions,

questions and answers as required at this election,

? that I will not attempt to discover and will, by every means in my

power, prevent any other person from finding out how any person

is about to vote, or has voted, at this election,

? that I will not communicate to any person any information of any

kind that may enable or assist any person to ascertain how any

person has voted, and

? that I will, in all respects, maintain and aid in maintaining the

absolute secrecy of the voting at this polling place and at this

election.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature of interpreter)

(signature of authorized person)

Print name:

Authority to administer oath:

A person who takes a false oath under the Election Act commits an

offence and is liable to a fine or imprisonment.

Form 6

(Section 82)

Affidavit of Printer

Electoral Division of

I, (print name) , swear (or affirm)

? that by direction of the returning officer for the above named

Electoral Division I printed the ballots for use at the election to be

held on the day of , 20 on the

paper furnished for that purpose,

? that the attached sample shows the description of the ballots

printed by me,

? that I supplied the returning officer with (number of ballots)

ballots, and

? that no other of the ballots were printed by or supplied by me to

anyone.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature of printer)

(signature of authorized person)

Print name:

Authority to administer oath:

A person who takes a false oath under the Election Act commits an

offence and is liable to a fine or imprisonment.

Form 7

(Section 83)

Form of Ballot

FRONT OF BALLOT

Stub Counterfoil Ballot

CANDIDATE'S NAME

NAME OF PARTY OR

INDEPENDENT

CANDIDATE'S NAME

NAME OF PARTY OR

INDEPENDENT

CANDIDATE'S NAME

NAME OF PARTY OR

INDEPENDENT

CANDIDATE'S NAME

NAME OF PARTY OR

INDEPENDENT

BACK OF BALLOT

0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0

Number from

Poll Book

INITIALS OF

DRO

Electoral Division of

Year

(SECOND FOLD)

(FIRST FOLD)

Form 8

(Section 93)

Oath of Secrecy

Electoral Division of

Polling Subdivision Number

I, (print name) , swear (or affirm)

? that I will not communicate to any person any information of any

kind that may enable or assist any person to ascertain how any

person has voted;

(The following applies to persons referred to in

section 92(1) of the

Election Act in a polling place during polling hours)

? that I will not attempt to discover and will, by every means in my

power, prevent any other person from finding out how any person

is about to vote or has voted in this election, except as required

under

section 96 (voter assistance);

(The following applies to persons present during the unofficial count)

? that I will not attempt to discover and will, by every means in my

power, prevent any other person from finding out how any person

has voted in this election.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature of person taking oath)

(signature of authorized person) (position of person taking oath)

Print name:

Authority to administer oath:

A person who takes a false oath under the Election Act commits an

offence and is liable to a fine or imprisonment.

Form 9

(Sections 95, 99, 104)

Declaration of Elector

Electoral Division of

Polling Subdivision Number

I, (first name) (middle name) (surname) of

(residential address) (city/town/village) (postal code, if applicable)

(mailing address-if different from above) (city/town/village) (province) (postal code),

declare that I have not previously voted at this election and that I am a qualified

elector by virtue of being

? a Canadian citizen,

? 18 years of age or older,

? ordinarily resident in Alberta for at least the immediately

preceding 6 months, and

? ordinarily resident in the polling subdivision in which I wish to

vote.

I make this declaration conscientiously believing it to be true and

believing that it is of the same force and effect as if made under oath.

(signature of elector) (date)

A person who signs a false declaration under the Election Act

commits an offence and is liable to a fine or imprisonment.

Proof of Identity and Residence (check one)

? Photograph identification issued by a federal, provincial or

municipal government in Canada or a government agency

containing the elector's name and current address

? 2 pieces of identification authorized by the Chief Electoral

Officer containing the elector's name

(the elector's current address must be contained on at least

one of the pieces of identification)

Type of identification:

Type of identification:

? A declaration has been signed vouching for the elector

Form 10

(Section 95)

Vouching Declaration

Electoral Division of

I, (first name) (middle name) (surname) , declare

? that I personally know the following who live(

s) at the address(es)

indicated:

Print name Print residential address

? that I am a qualified elector and my name properly appears on the

List of Electors for polling subdivision number ______, and

? that I truly believe that the person(

s) named above is (are)

ordinarily resident at the address(es) listed above.

I make this declaration conscientiously believing it to be true and

believing that it is of the same force and effect as if made under oath.

(signature of vouching elector) (date)

A person who signs a false declaration under the Election Act

commits an offence and is liable to a fine or imprisonment.

TO BE COMPLETED BY THE DEPUTY RETURNING OFFICER

OR THE REGISTRATION OFFICER:

? Name of vouching elector appears on the List of Electors for

polling subdivision number _____________.

PROOF OF IDENTITY AND RESIDENCE (Check One)

? Photograph identification issued by a federal, provincial or

municipal government in Canada or a government agency

containing the elector's name and current address

? 2 pieces of identification authorized by the Chief Electoral

Officer containing the elector's name

(the elector's current address must be contained on at least

one of the pieces of identification)

Type of identification:

Type of identification:

Form 11

(Section 96)

Oath of Inability to Read the Ballot

or Physical Incapacity

Electoral Division of

Polling Subdivision Number

I, (print name) , swear (or affirm) that I am unable to read the

ballot, or that due to physical incapacity I am unable to mark the ballot.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature or mark of voter)

(signature of deputy returning officer)

A person who takes a false oath under the Election Act commits an

offence and is liable to a fine or imprisonment.

Form 12

(Section 96)

Oath of Friend of Voter

Electoral Division of

Polling Subdivision Number

I, (print name) of (print residential address) , swear (or affirm)

that I will mark the ballot in the manner directed by (print name of

voter) and I will keep secret how I marked the ballot.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature of friend of voter)

(signature of deputy returning officer)

A person who takes a false oath under the Election Act commits an

offence and is liable to a fine or imprisonment.

Form 13

(Section 108)

Oath of Elector (Alleged Impersonation)

Electoral Division of

Polling Subdivision Number

I, (first name) (middle name) (surname) of

(residential address.) (city/town/village) _(postal code, if applicable),

(mailing address-if different from above) (city/town/village) (province) (postal code),

swear (or affirm) that I have not previously voted at this election and that I

am a qualified elector by virtue of being

? a Canadian citizen,

? 18 years of age or older,

? ordinarily resident in Alberta for at least the immediately

preceding 6 months, and

? ordinarily resident in the polling subdivision in which I wish to vote.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature of elector)

(signature of authorized person)

Print name:

Authority to administer oath:

A person who takes a false oath under the Election Act commits an

offence and is liable to a fine or imprisonment.

TO BE COMPLETED BY THE DEPUTY RETURNING OFFICER

OR THE REGISTRATION OFFICER:

PROOF OF IDENTITY AND RESIDENCE (Check One)

? Photograph identification issued by a federal, provincial or

municipal government in Canada or a government agency

containing the elector's name and current address

? 2 pieces of identification authorized by the Chief Electoral

Officer containing the elector's name

(the elector's current address must be contained on at least

one of the pieces of identification)

Type of identification:

Type of identification:

? A declaration has been signed vouching for the elector

Form 14

(Section 112)

Poll Clerk's Oath After Conclusion of the Count

I, (print name) , poll clerk for polling station number(

s) located at

(polling place name) in the Electoral Division of swear (or

affirm)

? that the Poll Book for the poll kept under the direction of

(print name) , who acted as deputy returning officer was

kept correctly by me to the best of my skill and judgment,

and

? that the total number of ballots cast according to the Poll

Book is and that to the best of my knowledge and belief

it contains a true and exact record of the voters who voted at

this polling station.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature of poll clerk)

(signature of deputy returning officer)

Form 15

(Section 112)

Deputy Returning Officer's Oath After

Conclusion of the Count

I, (print name) , deputy returning officer for polling station number

located at (polling place name) in the Electoral Division of

swear (or affirm) that, to the best of my knowledge and belief,

? the Poll Book kept for the poll under my direction has been

kept correctly, and

? the Statement of Poll, List of Electors, Poll Book, envelopes

containing ballots and other documents required to be

returned by me to the returning officer have been placed in

the ballot box.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature of deputy returning

) officer)

(signature of authorized person)

Print name:

Authority to administer oath:

Form 16

Election Act

(Section 116)

Special Ballot Certificate Envelope

Elector information: To be completed by the returning officer, election

clerk or administrative assistant

Electoral Division of

Polling Subdivision Number

Number from Poll Book

(first name) (middle name) (surname) of

(residential address) (city/town/village) (postal code, if applicable)

Part 1

To be completed by elector

Step 1

- Required Identification

CHECK: ? I have enclosed a copy of my identification in this envelope.

Step 2

- Declaration

I declare that I have not previously voted at this election and that I am a

qualified elector by virtue of being

? a Canadian citizen,

? 18 years of age or older,

? ordinarily resident in the Province of Alberta for at least the

immediately preceding 6 months, and

? ordinarily resident in the polling subdivision in which I wish to

vote.

I declare that I am unable to vote at an advance poll or at the poll on

polling day by reason of being

(CHECK ONE)

? Physically incapacitated

? Absent from the electoral division

? An inmate

? An election officer

? A candidate, official agent or scrutineer

? A resident of a remote area

? Other circumstance (as specified by Chief Electoral Officer)

Specify circumstance:

I make the above declarations conscientiously believing them to be true

and believing that they are of the same force and effect as if made under

oath.

(signature of elector) (date)

A person who signs a false declaration under the Election Act

commits an offence and is liable to a fine or imprisonment.

Part 2

Special Ballot Checklist

To be completed by the returning officer, election clerk

or administrative assistant

CHECK A or B, whichever applies

A ? Special Ballot Certificate Envelope has been accepted in

accordance with sections 111, 116 and 118 of the Election

Act.

B ? Special Ballot Certificate Envelope has not been accepted

for one or more of the following reasons (check all that

apply):

Part 1 is not properly completed,

? Received after the close of polls on polling day, or

? Proper identification has not been included.

(signature of returning officer, election (date)

clerk or administrative assistant)

Form 17

(Section 118)

Form of Special Ballot

(Front of Ballot)

Print the name of the candidate OR the political party of

the candidate on the line below.

I vote for:

(Back of Ballot)

SPECIAL BALLOT

Supplied by the Chief Electoral

Officer of Alberta

Initials of returning officer,

election clerk

or administrative assistant

Serial No.

Form 18

(Section 123)

Mobile Poll Oath

Electoral Division of

Polling Subdivision Number

I, (print name) , swear (or affirm) that I have not

previously voted at this election and that I am a qualified elector by

virtue of being

? a Canadian citizen,

? 18 years of age or older, and

? ordinarily resident in the Province of Alberta for at least the

immediately preceding 6 months.

Complete A or B, whichever applies

A - In-patient at a Treatment Centre

I am an in-patient at

(print name of treatment centre)

B - Resident at a Supportive Living Facility

I am ordinarily resident at

(print name of supportive living facility)

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . )

) (signature of elector)

(signature of deputy returning officer)

A person who takes a false oath under the Election Act commits an

offence and is liable to a fine or imprisonment.

Form 19

(Section 139)

Disclaimer

I, (print name of candidate) , do hereby disclaim my right to

become a Member of the Legislative Assembly pursuant to

section

139(1) of the Election Act.

(print name of candidate)

(print name of electoral division) (signature of candidate)

(print name of witness)

(print address of witness) (signature of witness)

Filed this day of , 20 .

(signature of Chief Electoral Officer)

Form 20

(Section 142)

Returning Officer's Affidavit

I, (print name) , Returning Officer for the Electoral

Division of swear (or affirm) that on the _____ day

of , 20 I submitted the election documents and

materials in respect of the election held on the ____ day of , 20

, to the Chief Electoral Officer and that the Statement of Official

Results and the Certificate and Return are to the best of my knowledge

and belief correct and true.

Sworn (or affirmed) before me )

at the of , in the )

Province of Alberta, this day )

of , 20 . ) (signature of returning officer)

(signature of authorized person)

Print name:

Authority to administer oath:

Form 21

(Section 186)

Form of Petition Controverted Election

Clerk's stamp:

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

PETITIONER (Print name of petitioner)

RESPONDENT (Print name of respondent)

DOCUMENT PETITION -

CONTROVERTED ELECTION

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

The petition of (print name of petitioner) of (print residential

address) shows that

? an election was held on the day of 20 , for the

Electoral Division of at which the Respondent was a

candidate and has been returned as the person elected at that

election,

? the petitioner was a qualified elector at that election (or the

petitioner was a defeated candidate at that election), and

? the petition says (state here the facts and grounds on which the

petitioner relies).

The petitioner prays that it may be declared that the

election of the Respondent is void and that it be set aside.

Dated this day of , 20 .

(signature of petitioner)

Alberta Regulation 142/2011

Family Law Act

FAMILY LAW ACT GENERAL AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 321/2011)

on July 13, 2011 pursuant to

section 107 of the Family Law Act.

1 The Family Law Act General Regulation (AR 148/2005) is

amended by this Regulation.

Section 1(1) is amended by adding the following after

clause (b):

(c) "surrogate" means a surrogate within the meaning of

section

5.1(1)(

d) of the Act.

Section 2 is repealed and the following is substituted:

Consent to declaration

2(1) In this section,

(a) "declaration" means a declaration by a court under

section

8.2(1) of the Act;

(b) "genetic donor" means a person referred to in

section

8.2(1)(

b) of the Act.

(2) The consent of a surrogate to a declaration under

section 8.2(6)

of the Act must contain the following statements:

(

a) that the person giving the consent is the surrogate;

(

b) that the surrogate gave birth to the child and the date on

which the birth occurred;

(

c) that the surrogate understands that she is the parent of the

child;

(

d) that the surrogate understands that an application is being

made to the court for a declaration that the genetic donor is a

parent of the child;

(

e) that the surrogate understands that if the court makes a

declaration that the genetic donor is a parent of the child, the

surrogate will cease to be recognized as the parent of the

child;

(

f) that the surrogate understands that the court cannot make a

declaration that the genetic donor is a parent of the child

unless the surrogate consents to the application;

(

g) that the surrogate understands that if she consents to the

application, the genetic donor will be declared to be a parent

of the child and will be deemed to be a parent at and from the

time of birth of the child;

(

h) that the surrogate understands that if the court makes a

declaration, the other parent of the child will be,

(

i) if

section 8.1(2) of the Act applies, the person described

section 8.1(2)(b)(

i) and (ii) of the Act, or

(ii) if

section 8.1(3) of the Act applies, the person described

section 8.1(3)(b)(

i) and (ii) of the Act;

(

i) that the surrogate freely and voluntarily consents to the

application, and understands that by her consent she gives up

any obligations, powers, responsibilities or entitlements with

respect to the child.

(3) The consent of the surrogate must be

(

a) in writing,

(

b) dated, and

(

c) signed by her and witnessed by a person other than a person

who is to become a parent of the child as a result of the

declaration under

section 8.2(6) of the Act.

Section 5 is repealed and the following is substituted:

Courses and programs

5 For the purposes of

section 98 of the Act, the court may require

the parties to attend any course or program that in the opinion of the

court is appropriate in the circumstances, including

(

a) any courses or programs offered through the Minister of

Justice and Attorney General from time to time, and

(

b) any courses or programs offered through the community or

government agencies from time to time pertaining to

separation or guardianship and parenting of children.

Section 6 is repealed.

6 The following is added before

section 7:

Requirements of agreement

6.1 An agreement referred to in

section 20(3)(

c) of the Act must be

(

a) in writing,

(

b) dated, and

(

c) signed by the parents of the child, and their signatures must

be witnessed by a third party.

7 This Regulation comes into force on the coming into

force of

section 1(9) of the Family Law Statutes Amendment

Act, 2010.

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

Alberta Regulation 143/2011

Judicature Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 322/2011)

on July 13, 2011 pursuant to

section 28.1 of the Judicature Act.

1 The Alberta Rules of Court (AR 124/2010) are amended

by this Regulation.

2 Rule 2.14 is amended

(

a) in subrule (1)(

b) by adding ", or proposes to," after "an

interested person has";

(

b) by repealing subrule (3)(e).

3 Rule 3.2 is amended

(

a) in subrule (4)

(

i) by striking out "by notice of appeal";

(ii) by adding "or in Form 5" after "consistent with the

procedure";

(

b) in subrule (5) by adding "in Form 5" after "by

originating application".

4 Rule 3.32 is amended by striking out "If a defendant files a

statement of defence, the defendant may also" and substituting "A

defendant may".

5 Rule 3.49(4) is amended by striking out "If a third party

defendant files a statement of defence, the third party defendant may"

and substituting "A third party defendant may".

6 Rule 3.62(2) is repealed and the following is substituted:

(2) An amended pleading must be

(

a) filed, and

(

b) served on each of the other parties

(

i) within 10 days after the date on which it is filed, or

(ii) if the pleading is a statement of claim that has not

already been served, in accordance with Division 3,

Subdivision 2.

7 Rule 3.63(1) is amended by striking out "but amended and

bearing the date of the original" and substituting "as amended".

8 Rule 4.24(3) is repealed and the following is substituted:

(3) Unless a valid formal offer to settle is withdrawn under subrule

(4), the offer remains open for acceptance until

(

a) the expiry of 2 months after service of the offer or any longer

period specified in the offer, or

(

b) the start of a hearing of an application for judgment by way

of a

summary trial, the start of a trial or the start of a hearing

of an application, as the case may be,

whichever occurs first.

9 Rule 6.14 is repealed and the following is substituted:

Appeal from master's judgement or order

6.14(1) If a master makes a judgment or order, the applicant or

respondent to the application may appeal the judgment or order to a

judge.

(2) A notice of appeal in Form 28 must be filed and served within

10 days after the judgment or order is entered and served and

returnable within a reasonable time, not exceeding 2 months, after

the date the notice of appeal is filed.

(3) An appeal from a master's judgment or order is an appeal on the

record of proceedings before the master and may also be based on

additional evidence that is, in the opinion of the judge hearing the

appeal, relevant and material.

(4) The record of proceedings is

(

a) the application before the master,

(

b) affidavits and other evidence filed by the parties

respecting the application before the master,

(

c) any transcript of proceedings before the master, which

must be ordered and paid for by the appellant, unless the

Court determines, or the parties agree, that transcripts

are not needed, and

(

d) the master's judgment or order and any written reasons

given for the decision.

(5) The appellant must file and serve on the respondent to the

appeal, within one month after service of the notice of appeal,

(

a) any transcript of proceedings described in subrule

(4)(c),

(

b) any additional evidence referred to in subrule (3), and

(

c) any further written argument.

(6) The respondent to the appeal must file and serve on the

appellant, within 20 days after service of the documents referred to

in subrule (5),

(

a) any further written argument the respondent wishes to

make, and

(

b) any additional evidence referred to in subrule (3).

(7) The appellant may, within 10 days after service of the

documents referred to in subrule (6), file a brief written argument

responding to any unanticipated additional evidence or further

argument raised by the respondent.

(8) A party may rely on its original written argument, if any, that

was before the master or any further argument filed under subrule

(5)(

c) or (6)(a), or both the original argument and the further

argument.

10 Rule 7.5(3)(

b) is amended by striking out "Court's

permission" and substituting "judge's permission".

11 Rule 7.7(1) is amended by striking out "Court" and

substituting "judge".

12 Rule 7.8(3) is amended

(

a) by striking out "Court" and substituting "judge";

(

b) by striking out "Court's opinion" and substituting

"judge's opinion".

13 Rule 8.5 is amended by striking out "Court" wherever it

occurs and substituting "judge".

14 Rule 8.6 is amended

(

a) by striking out "Court" wherever it occurs and

substituting "judge";

(

b) in subrule (3) by striking out "Court's permission" and

substituting "judge's permission".

15 Rule 8.7 is amended by striking out "Court" wherever it

occurs and substituting "judge".

16 Rule 9.1(2)(

a) is amended by adding "and the location at

which" after "the date on which".

17 Rule 9.25(3) is amended by striking out "every person in

possession of the land" and substituting "every person ordered to

give up possession of the land and every occupant of the land".

18 Rule 9.26 is amended

(

a) in subrule (1)(b)(

i) by striking out "person in

occupation" and substituting "occupant";

(

b) in subrule (2) by striking out "every person in

possession of the land" and substituting "every person

ordered to give up possession of the land and every occupant

of the land".

19 Rule 11.22(1) is amended by striking out "in Alberta".

20 Rule 11.30(1)(a)(iii) and (2)(a)(iv) are amended by

striking out ", time".

21 Rule 12.46(1) is amended

(

a) in clause (

a) by striking out "rule 12.44(1)" and

substituting "rule 12.45";

(

b) in clause (

b) by adding "or (2), as the circumstances

require" after "rule 12.26(1)".

22 Rule 12.59(

b) is amended by striking out "one month" and

substituting "30 days".

23 Rule 13.4(4) is repealed and the following is

substituted:

(4) If the count starts on February 29th and ends in a year that is not

a leap year, the count ends on February 28th of that year.

24 Rule 13.13(1) is amended by striking out ", Division 1".

25 Rule 13.32(2) is amended by striking out "or the Court

otherwise orders".

26 Rule 13.41(2) is amended

(

a) in clause (

a) by striking out ", or if that party or person

is represented, by the party's or person's lawyer or the

lawyer's representative" and substituting "or a person on

the party's or person's behalf";

(

b) in clause (

b) by striking out "or the party's or person's

lawyer" and substituting "or a person on the party's or

person's behalf".

27 Rule 13.46(2)(

b) is amended by striking out "where the

transcript was transcribed" and substituting "where the proceedings

or questioning occurred".

28 Rule 15.4(2) is repealed and the following is

substituted:

(2) The Court must not dismiss the action if

(

a) the parties to the application expressly agreed to the delay,

(

b) the action has been stayed or adjourned by order, an order

has extended the time for doing the next thing in the action or

the delay is provided for in the litigation plan,

(

c) the applicant did not respond to a written proposal by the

respondent that the next thing in the action not occur until

more than 2 years after the last thing done that significantly

advanced the action, or

(

d) an application has been filed or proceedings have been taken

since the delay and the applicant has participated in them for

a purpose and to the extent that, in the opinion of the Court,

warrants the action continuing.

(3) If the Court refuses an application to dismiss an action for delay,

the Court may still make whatever procedural order it considers

appropriate.

(4) Rule 13.5 does not apply to this rule.

Schedule A, Division 1 is amended

(

a) in Form 5 by striking out "[Rule 3.2(2)]" and

substituting "[Rule 3.2]";

(

b) in Form 22 under the heading "Interest:" in clause

(

b) by striking out "from" and substituting "to";

(

c) in Form 27 by adding "(Indicate name(

s) and status of

Respondent(s))" after "NOTICE TO RESPONDENT(S)";

(

d) by repealing Form 28 and substituting the

following:

Form 28

[Rule 6.14]

Clerk's stamp:

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

PLAINTIFF(S) (Indicate if

Appellant(s)/Respondent(s))

DEFENDANT(S) (Indicate if

Appellant(s)/Respondent(s))

DOCUMENT NOTICE OF APPEAL OF

MASTER'S JUDGMENT

OR ORDER

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

NOTICE TO RESPONDENT(S): APPEAL HEARING

This appeal is made against a judgment or order of the master that

was in your favour. You are a respondent.

The appeal will be heard as shown below:

Date ___________________

Time ___________________

Where ___________________

Before Whom __________ Judge in Motions Court

Go to the end of this document to see what else you can do and

when you must do it.

The Appellant appeals to the Court of Queen's Bench of

Alberta the decision of Master sitting at

, who on (yyyy/mm/dd) made the

judgment or order in your favour.

The record of proceedings is:

1. The application before the master.

2. The following affidavits and other evidence filed by the

parties respecting the application before the master:

(a)

(b)

3. Any transcript of the proceedings before the master, unless

the Court determines, or the parties agree, that a transcript is

not needed.

4. The judgment or order of the master appealed.

5. Written reasons of the master (if any).

Additional evidence will/will not be relied on by the appellant.

Further written argument will/will not be made by the appellant.

The appellant will/will not rely on its written argument that was

before the master (if any).

WARNING

If you do not come to Court either in person or by your lawyer,

the Court may give the appellant(

s) what they want in your

absence. You will be bound by any order that the Court makes.

If you want to take

part in this appeal, you or your lawyer must

attend in Court on the date and at the time shown at the

beginning of this form. You may rely on your original written

argument, if any, that was before the master.

Within 20 days after service of any transcript, additional

evidence, or further written argument from the appellant, you

must file and serve on the appellant any further written

argument you wish to make and any additional evidence you

intend to rely on. The appellant may, within 10 days after

service of your further written argument or additional evidence,

file and serve on you a brief reply to any unanticipated

additional evidence or further argument you have raised.

(

e) in Form 29

(

i) by striking out "This notice requires you to attend for

questioning. NOTICE TO PERSON REQUIRED TO

ATTEND APPOINTMENT FOR QUESTIONING" and

substituting "NOTICE TO: (Name of person required to

attend for questioning) This notice requires you to attend

for questioning.";

(ii) by adding "You must notify the questioning party

prior to the date of the appointment regarding any

arrangements that are necessary to accommodate your

reasonable needs. The questioning party must, to the

extent reasonably possible, make arrangements to

accommodate those reasonable needs that you identify."

after "PERIOD OF ATTENDANCE: ______";

(

f) in Form 31 by adding "LOCATION OF HEARING OR

TRIAL: ______" after "DATE ON WHICH ORDER WAS

PRONOUNCED:________";

(

g) in Form 36

(

i) by striking out "You have the right to state your side

of this matter before the master/judge." and

substituting "You have the right to state your side of

this matter before the judge.";

(ii) by striking out the paragraph under the

heading "WARNING", and substituting the

following:

If you do not come to Court either in person or by your

lawyer, the Court may give the applicant(

s) what they want

in your absence. You will be bound by any order the Court

makes. If you want to take

part in this application for

judgment by way of

summary trial, either you or your

lawyer must

(a) 10 days or more before the date scheduled for the

hearing of the application, file and serve on the

applicant(

s) any affidavit or other evidence on

which you intend to rely when the application is

heard or considered, and

(

b) attend in Court on the date and at the time shown

at the beginning of this form.

If you wish to object to this application for judgment by

way of

summary trial, notice of your objection to this

application and anything on which you intend to rely in

relation to your objection must be filed and served on the

applicant 5 days or more before the objection is scheduled

to be heard.

(

h) in Form 37

(

i) by repealing item 1 and substituting the

following:

1. Estimated number of witnesses: ________.

The names of the witnesses expected to be called are:

(Provide each witness's full name and indicate whether

the witness will be giving expert evidence.)

(

a) for the Plaintiff(s): ___________________

(

b) for the Defendant(s): __________________

(

c) others: ______________________________

(ii) by adding the following after item 5:

6. The following judges have a potential conflict,

which may disqualify them from hearing the

trial of this matter:

(

i) in Form 39 by adding the following after item 2:

(Complete only if applicable)

3. Change of trial date or length of trial:

? Attached is a copy of the filed order of

_______________, dated ______, changing the (trial date,

length of trial or both) pursuant to rule 8.6(3).

(

j) in Form 47 by adding "LOCATION OF HEARING OR

TRIAL:" after "DATE ON WHICH ORDER WAS

PRONOUNCED:".

Schedule A, Division 2 is amended

(

a) in Forms FL-5, FL-6 and FL-7 under the heading

"NOTICE TO PLAINTIFF"

(

i) by striking out "must be filed with" and

substituting "may be filed in addition to";

(ii) by striking out "in response to" and substituting

"when";

(iii) by adding "has been served on you" after "or a

Statement of Claim for Division of Matrimonial

Property";

(

b) in Form FL-17

(

i) under the heading "NOTICE TO PARTY SERVED

WITH THIS DOCUMENT:" by striking out "You

must appear at the application referenced at the end of

this document." and substituting the following:

Unless you provide all of the financial information and

documents requested below and receive confirmation that

the Applicant has cancelled the hearing, you must be in

Court when the application is heard as shown below:

Date ___________________

Time ___________________

Where ___________________

Before Whom ___________________

(ii) by striking out the following:

NOTICE TO THE RESPONDENT

You are to appear in Court when the application is heard, as

shown below:

Date _____________________________

Time ____________________________

Where ____________________________

Before Whom ______________________

If you want to present any evidence to the Judge hearing this

application, or if you object to providing the financial

information and documents requested, you must

 swear or affirm an affidavit stating your objection to

providing the financial information and documents

requested and setting out the reasons for the objection,

 file the affidavit with the court clerk, and

 serve the affidavit on the Applicant or the Applicant's

solicitor a reasonable time before the application is

scheduled to be heard.

(iii) under the heading "WARNING" by adding the

following after clause (e):

If you want to present any evidence to the Judge hearing

this application, or if you object to providing the financial

information and documents requested, you must

(

a) swear or affirm an affidavit stating the evidence

you want to present or your objection to providing

the financial information and documents requested

and the reasons for your objection,

(

b) file the affidavit with the court clerk, and

(

c) serve the affidavit on the Applicant or the

Applicant's solicitor a reasonable period of time

before the application is scheduled to be heard.

(iv) at the end of

Schedule A by striking out

"Signature of Applicant" and substituting "Signature

of person completing document";

(

c) in Form FL-21 in item 4 by striking out "endorsed

below" and substituting "endorsed on the proposed

Divorce Judgment (or Divorce Judgment and Corollary

Relief Order)";

(

d) in Forms FL-25 and FL-26 by adding "LOCATION OF

HEARING OR TRIAL:" after "DATE ON WHICH

JUDGMENT WAS GRANTED:";

(

e) in Forms FL-27 and FL-28 by adding "LOCATION

OF HEARING OR TRIAL:" after "DATE ON WHICH

ORDER WAS PRONOUNCED:";

(

f) in Form FL-29 by adding "LOCATION OF HEARING

OR TRIAL:" after "DATE ON WHICH ORDER WAS

MADE:";

(

g) in Forms FL-30 and FL-31 by adding "LOCATION OF

HEARING OR TRIAL:" after "DATE ON WHICH ORDER

WAS PRONOUNCED:".

Alberta Regulation 144/2011

Insurance Act

CLASSES OF INSURANCE REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 326/2011)

on July 13, 2011 pursuant to

section 16 of the Insurance Act.

Table of Contents

Interpretation

2 Classes of insurance

3 Licences

4 Consequential amendment

5 Repeal

6 Expiry

7 Coming into force

Interpretation

1(1) In this Regulation,

(a) "accident and sickness insurance" means insurance

(

i) against loss resulting from bodily injury to, or the death

of, a person caused by an accident,

(ii) under which an insurer undertakes to pay a certain sum

or sums of insurance money in the event of bodily

injury to, or the death of, a person caused by an

accident,

(iii) against loss resulting from the sickness or disability of a

person, excluding loss resulting from an accident or

death,

(iv) under which an insurer undertakes to pay a certain sum

or sums of insurance money in the event of the sickness

or disability of a person not caused by an accident, or

(

v) under which an insurer undertakes to pay insurance

money in respect of the health care, including dental

care and preventative care, of a person;

(b) "aircraft insurance" means insurance against

(

i) liability arising out of bodily injury to or the death of a

person or the loss of or damage to property, in each case

caused by an aircraft or the use of an aircraft, or

(ii) the loss of, the loss of use of or damage to an aircraft;

(c) "automobile insurance" means insurance

(

i) against liability arising out of bodily injury to or the

death of a person, or the loss of or damage to property,

in each case caused by an automobile or the use or

operation of an automobile,

(ii) against the loss of, the loss of use of or damage to an

automobile, or

(iii) that falls within clause (a)(

i) or (ii) of the definition of

accident and sickness insurance, if the accident is

caused by an automobile or the use or operation of an

automobile, whether or not liability exists in respect of

the accident, and the policy includes insurance against

liability arising out of bodily injury to or the death of a

person caused by an automobile or the use or operation

of an automobile;

(d) "boiler and machinery insurance" means insurance

(

i) against liability arising out of bodily injury to or the

death of a person, or the loss of or damage to property,

or against the loss of or damage to property, in each

case caused by the explosion or rupture of or accident to

pressure vessels of any kind or pipes, engines and

machinery connected to or operated by those pressure

vessels, or

(ii) against liability arising out of bodily injury to or the

death of a person, or the loss of or damage to property,

or against the loss of or damage to property, in each

case caused by a breakdown of machinery;

(e) "credit insurance" means insurance against loss to a person

who has granted credit if the loss is the result of the

insolvency or default of the person to whom the credit was

given;

(f) "credit protection insurance" means insurance under which

an insurer undertakes to pay off credit balances or debts of an

individual, in whole or in part, in the event of an impairment

or potential impairment in the individual's income or ability

to earn an income;

(g) "equipment warranty insurance" means the subclass of boiler

and machinery insurance that comprises insurance against

loss of or damage to a motor vehicle or to equipment arising

from its mechanical failure, but does not include automobile

insurance or insurance incidental to automobile insurance;

(h) "fidelity insurance" means insurance

(

i) against loss caused by the theft, the abuse of trust or the

unfaithful performance of duties by a person in a

position of trust, or

(ii) under which an insurer undertakes to guarantee the

proper fulfilment of the duties of an office;

(i) "hail insurance" means insurance against the loss of or

damage to crops in the field caused by hail;

(j) "legal expenses insurance" means insurance against the costs

incurred by a person or persons for legal services specified in

the policy, including any retainer and fees incurred for the

services, and other costs incurred in respect of the provision

of the services;

(k) "liability insurance" means insurance, other than insurance

that falls within another class of insurance,

(

i) against liability arising out of bodily injury to or the

disability or death of a person, including an employee,

(ii) against liability arising out of the loss of or damage to

property, or

(iii) if the policy includes the insurance described in

subclause (i), against expenses arising out of bodily

injury to a person other than the insured or a member of

the insured's family, whether or not liability exists;

(l) "life insurance"

(

i) means any insurance that is payable

(

A) on death,

(

B) on the happening of an event or contingency

dependent on human life,

(

C) at a fixed or determinable future time, or

(

D) for a term dependent on human life,

and

(ii) without restricting the generality of subclause (i),

includes

(

A) insurance under which an insurer, as part of a

contract of life insurance, undertakes to pay an

additional sum of insurance money in the event of

the death by accident of the person whose life is

insured,

(

B) insurance under which an insurer, as part of a

contract of life insurance, undertakes to pay

insurance money or to provide other benefits in the

event that the person whose life is insured becomes

disabled as a result of bodily injury or disease, and

(

C) an undertaking to provide an annuity, or what

would be an annuity except that the periodic

payments may be unequal in amount, for a term

dependent solely or partly on the life of a person;

(m) "marine insurance" means insurance against

(

i) liability arising out of

(

A) bodily injury to or the death of a person, or

(

B) the loss of or damage to property,

(ii) the loss of or damage to property,

occurring during a voyage or marine adventure at sea or on

an inland waterway, or during a delay or a transit other than

by water that is incidental to a voyage or marine adventure at

sea or on an inland waterway;

(n) "mortgage insurance" means insurance against loss caused

by default on the part of a borrower under a loan secured by a

mortgage or charge on or other security interest in real

property;

(o) "other approved products insurance" means insurance against

risks that do not fall within another class of insurance;

(p) "product warranty insurance" means insurance not incidental

to any other class of insurance against loss of or damage to

personal property other than a motor vehicle under which an

insurer undertakes to pay the costs of repairing or replacing

the personal property;

(q) "property insurance" means insurance against the loss of or

damage to property and includes insurance against loss

caused by forgery;

(r) "surety insurance" means insurance under which an insurer

undertakes to guarantee the due performance of a contract or

undertaking or the payment of a penalty or indemnity for any

default;

(s) "title insurance" means insurance against loss or damage

caused by

(

i) the existence of a mortgage, charge, lien, encumbrance,

servitude or any other restriction on real property,

(ii) the existence of a mortgage, charge, lien, pledge,

encumbrance or any other restriction on personal

property,

(iii) a defect in any document that evidences the creation of

any restriction referred to in subclause (

i) or (ii),

(iv) a defect in the title to property, or

(

v) any other matter affecting the title to property or

affecting the right to the use and enjoyment of property;

(t) "travel insurance" means, subject to subsection (3), insurance

provided to an individual

(

i) in respect of a trip by the individual away from the

place where the individual ordinarily resides, without

any individual assessment of risk, against

(

A) loss that results from the cancellation or

interruption of the trip,

(

B) loss of or damage to personal property that occurs

while on the trip, or

(

C) loss that is caused by the delayed arrival of

personal baggage while on the trip,

(ii) in respect of a trip by the individual away from the

province in which the individual ordinarily resides,

(

A) against expenses incurred while on the trip that

result from an illness or the disability of the

individual that occurs on the trip,

(

B) against expenses incurred while on the trip that

result from bodily injury to, or the death of, the

individual caused by an accident while on the trip,

(

C) whereby the insurer undertakes to pay one or more

sums of money in the event of an illness or the

disability of the individual that occurs on the trip,

or of bodily injury to or the death of the individual

that is caused by an accident while on the trip,

(

D) against expenses incurred by the individual for

dental care necessitated by an accident while on

the trip, or

(

E) in the event that the individual dies while on the

trip, against expenses incurred for the return of that

individual's remains to the place where the

individual was ordinarily resident before death, or

for travel expenses incurred by a relative of that

individual who must travel to identify that

individual's remains.

(2) An undertaking referred to in subsection (1)(l)(ii)(

C) is deemed

always to have been life insurance.

(3) The definition of travel insurance applies only in respect of

insurance agents and adjuster licensing.

Classes of insurance

2 The following are the classes of insurance for the purposes of the

Act and the regulations:

(

a) accident and sickness insurance;

(

b) aircraft insurance;

(

c) automobile insurance;

(

d) boiler and machinery insurance;

(

e) credit insurance;

(

f) credit protection insurance;

(

g) equipment warranty insurance;

(

h) fidelity insurance;

(

i) hail insurance;

(

j) legal expenses insurance;

(

k) liability insurance;

(

l) life insurance;

(

m) marine insurance;

(

n) mortgage insurance;

(

o) other approved products insurance;

(

p) product warranty insurance;

(

q) property insurance;

(

r) surety insurance;

(

s) title insurance;

(

t) travel insurance.

Licences

3 A licence may be granted to an insurer to carry on any of the

classes of insurance referred to in

section 2.

Consequential amendment

4 The Insurance Agents and Adjusters Regulation

(AR 122/2001) is amended

(

a) by repealing

section 1(1)(p);

(

b) in sections 9(8)(

c) and 30(2) by striking out "livestock

insurance" and substituting "contracts covering livestock

only".

Repeal

5 The Classes of Insurance Regulation (AR 121/2001) is repealed.

Expiry

6 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on April 30, 2020.

Coming into force

7 This Regulation comes into force on the coming into force of

section 29 of the Insurance Amendment Act, 2008.

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

Alberta Regulation 145/2011

Insurance Act

FAIR PRACTICES AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 327/2011)

on July 13, 2011 pursuant to

section 511 of the Insurance Act.

1 The Fair Practices Regulation (AR 128/2001) is amended

by this Regulation.

Section 2 is amended

(

a) in clause (

a) by adding "and" after "liable,";

(

b) by repealing clause (a.1).

Section 5 is amended

(

a) in subsection (1) by adding ", accident and sickness

insurance or, subject to subsection (2)(b), travel insurance"

before "underwritten";

(

b) by repealing subsection (2) and substituting the

following:

(2) Subsection (1) does not apply

(

a) to a segregated fund or an annuity offered by the

insurer, or

(

b) to travel insurance where the policy term is less

than 190 days.

4 The following is added after

section 5:

Notice of retained lawyer and disclosure

of policy limits

5.1(1) When a lawyer has been retained by a plaintiff in an action

arising out of an automobile accident, the lawyer must, within 30

days following the date the action is filed with the Court, give notice

to the defendant's insurer that the lawyer has been retained.

(2) Within 30 days following receipt of the notice under subsection

(1), the defendant's insurer must inform the lawyer whether there is

a motor vehicle liability policy issued by the insurer to the defendant

in respect of the automobile and, if so, the liability limits under that

policy.

(3) The disclosure of the liability limits under the policy does not

preclude the defendant's insurer from disputing the extent of its

liability in accordance with the rights of an insurer under Subpart 2

Part 5 of the Act.

(4) Where the existence of the motor vehicle liability policy and the

liability limits under the policy are disclosed pursuant to subsection

(2), that information must not be disclosed to the judge or jury until

after judgment is given in the action.

(5) This

section applies in respect of automobile accidents occurring

on and after the date of the coming into force of this section.

Notice of dispute resolution process

5.2(1) In this section, "dispute resolution process" means the

dispute resolution process described in

section 519 of the Act.

(2) An insurer must give written notice to the insured of the dispute

resolution process

(

a) within 10 days after the insurer determines that a dispute has

aisen between the insurer and the insured about a matter

under Statutory Condition 11 set out in

section 540, or

Statutory Condition 4(9) set out in

section 556, of the Act, or

(

b) within 70 days after the insured has submitted a proof of loss,

if the insurer has not yet made a decision as to the validity or

the amount payable in respect of the claim.

(3) A written notice referred to in subsection (2) must include a

copy of

section 519 of the Act.

Notice of limitation period

5.3(1) In this section,

(a) "claimant" means

(

i) a beneficiary,

(ii) an insured, a group life insured or a debtor insured,

(iii) a person who has a claim against an insured who has

initiated a claim for indemnity under a contract of

insurance, or

(iv) a person referred to in

section 579 of the Act;

(b) "insured" means a person insured by a contract of insurance,

whether named in the contract or not.

(2) An insurer must give written notice to a claimant of the

applicable limitation period

(

a) if the claim has not been satisfactorily settled, within 60 days

from the date the claimant notifies the insurer of the claim, in

the case of a claimant referred to in subsection (1)(a)(

i) or

(ii),

(

b) within 60 days of the insurer's first becoming aware that an

insured is claiming indemnity for a claim lodged by a third

party against the insured, in the case of a claimant referred to

in subsection (1)(a)(iii),

(

c) within 60 days of the insurer's first becoming aware that a

claimant referred to in subsection (1)(a)(iv) has initiated an

action pursuant to

section 579 of the Act, or

(

d) within 5 business days from the date the claimant's claim is

denied.

(3) The written notice referred to in subsection (2) must indicate the

name of the Act or regulation that refers to the applicable limitation

period.

(4) An insurer is not required to give notice under subsection (2) if

at the time the notice is required to be given the insurer is aware that

the claimant is represented by legal counsel.

(5) Despite subsection (2), with respect to a claim by a person

insured under

Section B of a standard automobile insurance policy,

notification of the fact of an applicable limitation period is required

only in respect of a denial of a claim under one or more of those

coverages under

Section B.

(6) Despite subsection (2), with respect to a claim by a group person

insured under a group accident and sickness policy, no notice under

subsection (2) is required to be given if the claim is with respect to a

coverage other than disability coverage.

(7) If an insurer fails to give notice under subsection (2) when

required to do so, the Court may, on application by the claimant,

(

a) order that the applicable limitation period be extended, and

(

b) grant any other remedy that the Court considers appropriate.

Electronic communications

5.4

Section 547(2) of the Act and the Electronic Transactions Act

do not apply to the following records:

(

a) a registered notice of cancellation of a contract of insurance;

(

b) a declaration designating, altering or revoking the

designation of an insured, personal representative or

beneficiary under a contract of life insurance or accident and

sickness insurance, unless the declaration is made

(

i) directly between the insured and the insurer, and

(ii) in accordance with procedures approved by the

Superintendent;

(

c) a declaration referred to in

section 663 or 727 of the Act or a

nomination referred to in

section 669 or 734 of the Act,

unless the declaration or nomination is made

(

i) directly between the insured and the insurer, and

(ii) in accordance with procedures approved by the

Superintendent.

Membership requirement

5.5(1) Subject to subsection (2), an insurer that is licensed to

undertake life insurance, accident and sickness insurance or creditor

protection insurance must be a member of the OmbudService for

Life & Health Insurance or a complaint body approved by the

Superintendent.

(2) A property and casualty company that undertakes accident and

sickness insurance or creditor protection insurance must be a

member of the General Insurance OmbudService or the

OmbudService for Life & Health Insurance or a complaint body

approved by the Superintendent.

Court order requiring advance payment

5.6(1) In this section, "claimant" means a plaintiff who is or alleges

to be entitled to recover losses or damages from an insured who is

covered by a motor vehicle liability policy.

(2) A claimant may apply to the Court for a payment from the

insured's insurer under

section 581(1) of the Act.

(3) The Court may make an order under

section 581 of the Act, on

any conditions it considers appropriate, requiring the insurer to make

a payment to a claimant who applies to the Court under subsection

(2) of this

section where the Court is satisfied that

(

a) as a result of the injuries of the claimant, the claimant is

unable to pay for the necessities of life, or

(

b) the payment is otherwise appropriate.

(4) The Court may make the order in advance of giving judgment in

an action involving the claimant and the insured.

(5) Section 581(3) and (4) of the Act apply in respect of any

payment made pursuant to an order referred to in this section.

Prescribed exclusions for fire and other perils

5.7(1) In this section,

(a) "biological hazard" means any process or phenomenon of

organic origin or conveyed by biological vectors, including

exposure to pathogenic micro-organisms, toxins and

bioactive substances that may cause loss of life, injury,

illness or other health impacts, property damage, social and

economic disruption or environmental damage in the absence

of its control;

(b) "chemical hazard" means any physical agent that may cause

loss of life, injury, illness or other health impacts, property

damage, social and economic disruption or environmental

damage in the absence of its control;

(c) "commercial property" means all property other than

residential property;

(d) "nuclear energy hazard" means the radioactive, toxic,

explosive or other hazardous properties of nuclear substances

as defined in the Nuclear Safety and Control Act (Canada);

(e) "radioactive material" includes

(

i) spent nuclear fuel rods that have been exposed to

radiation in a nuclear reactor,

(ii) radioactive waste material, and

(iii) unused enriched nuclear fuel rods;

(f) "residential property" means property used primarily for

residential purposes, including, without limitation, the units

and common property of a residential condominium building;

(g) "terrorism" means any unlawful act, including, without

limitation, the use of violence or force or threat of violence or

force committed by one or more persons acting on behalf of

any group, organization or government for the purposes of

influencing any government or instilling fear in the public,

but does not include vandalism;

(h) "vandalism" means the wilful or malicious destruction or

defacement of public or private property, including, without

limitation, religious and cultural property, but does not

include the wilful or malicious destruction or defacement of

public or private property intended to cause

(

i) a risk to the health or safety of the public or any

segment of the public,

(ii) endangerment to a person's life, or

(iii) death or bodily harm to a person.

(2) For the purposes of

section 545(3) of the Act, the prescribed

perils are lightning and explosion.

(3) For the purposes of

section 545(3)(

a) of the Act, the following

are prescribed exclusions under a contract of insurance:

(

a) in respect of residential property,

(

i) fire occasioned by or happening through

(

A) in the case of goods, their undergoing any process

involving the application of heat, or

(

B) riot, civil commotion, war, invasion,

an act of a

foreign enemy, hostilities, whether war is declared

or not, civil war, rebellion, revolution, insurrection

or military power;

(ii) lightning causing destruction or loss to electric devices

or appliances;

(iii) an explosion of natural, coal or manufactured gas in a

building not forming part of a gas works occasioned by

or happening through one or more perils specified in

subclause (i)(B);

(iv) loss or damage to property caused by contamination by

radioactive material directly or indirectly resulting from

fire, lightning or explosion;

(

v) subject to

section 541 of the Act, loss or damage to

property directly or indirectly resulting from fire or

explosion caused by a criminal or intentional act or

omission of an insured;

(vi) biological hazard, chemical hazard or nuclear energy

hazard, including contamination by radioactive material

directly or indirectly resulting from fire or explosion

caused by terrorism;

(

b) in respect of commercial property,

(

i) an exclusion described in clause (a), or

(ii) fire or explosion caused by terrorism.

(4) For the purposes of

section 545(3)(

b) of the Act, the prescribed

circumstances of the fire relating to which an insurer may not

provide an exclusion in a contract are as follows:

(

a) occurrence of fire within 30 days of the insured property

being vacant;

(

b) occurrence of fire after the insurer has issued a vacancy

permit in respect of the insured property.

Exclusion of statutory conditions

5.8 For the purposes of

section 540(2) of the Act, the prescribed

classes of insurance to which the statutory conditions are not

applicable are mortgage insurance, title insurance, credit insurance,

credit protection insurance and travel insurance.

Innocent co-insured

5.9(1) For the purposes of

section 541(1)(

d) of the Act, a class of

persons prescribed by regulation is any class of persons other than

individuals.

(2) For the purposes of

section 541(3) of the Act, a person described

in that provision must

(

a) co-operate with the insurer in respect of the investigation of

the loss, including, without limitation, by submitting to an

examination under oath, if requested by the insurer, and

(

b) produce for examination, at such reasonable place and time

as is designated by the insurer, all documents that relate to

the loss in addition to those required by the contract.

5 The Insurance Agents and Adjusters Regulation

(AR 122/2001) is amended in

section 18(1) by adding "or

accident and sickness insurance" after "life insurance".

6 This Regulation comes into force on the coming into

force of sections 27 and 29 of the Insurance Amendment

Act, 2008.

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

Alberta Regulation 146/2011

Insurance Act

MISCELLANEOUS PROVISIONS AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 328/2011)

on July 13, 2011 pursuant to sections 694 and 749 of the Insurance Act.

1 The Miscellaneous Provisions Regulation (AR 120/2001)

is amended by this Regulation.

2 The following is added after

section 3.1:

Prescribed classes of insurance

3.2 For the purposes of

section 819.1(1) of the Act, legal expense

insurance, property insurance and liability insurance are prescribed

classes of insurance.

Prescribed information re group and creditor

group insurance

3.3 The prescribed information for the purposes of sections

642(8)(

b) and 699(8)(

b) of the Act is information in a policy of

group insurance or creditor group insurance that, if disclosed, would

reveal

(

a) confidential commercial information that a reasonable person

would think could harm the competitive position of the

insurer or insured, or

(

b) plan design and benefits information relating to different

classes of debtor insured, group life insured or group persons

insured covered in the same policy.

3 This Regulation comes into force on the coming into

force of

section 27 of the Insurance Amendment Act, 2008.

Alberta Regulation 147/2011

Insurance Act

ENFORCEMENT AND ADMINISTRATION AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 329/2011)

on July 13, 2011 pursuant to sections 790 and 818 of the Insurance Act.

1 The Enforcement and Administration Regulation

(AR 129/2001) is amended by this Regulation.

Section 5(1) is repealed and the following is substituted:

Designation of compensation association

5(1) The Property and Casualty Insurance Compensation

Corporation is designated as a compensation association for the

following classes of insurance:

(

a) accident and sickness insurance in respect of policies issued

by a property and casualty company that is also licensed to

offer other classes of insurance;

(

b) automobile insurance;

(

c) boiler and machinery insurance;

(

d) credit protection insurance in respect of policies issued by a

property and casualty company;

(

e) legal expense insurance;

(

f) liability insurance;

(

g) other approved products insurance;

(

h) product warranty insurance;

(

i) property insurance,

but those classes do not include crop insurance, directors' and officers'

insurance or errors and omissions insurance.

Section 6(

c) is amended by striking out "loss of

employment" and substituting "credit protection".

4 This Regulation comes into force on the coming into

force of

section 29 of the Insurance Amendment Act, 2008.

Alberta Regulation 148/2011

Insurance Act

INSURANCE COUNCILS AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 330/2011)

on July 13, 2011 pursuant to

section 498 of the Insurance Act.

1 The Insurance Councils Regulation (AR 126/2001) is

amended by this Regulation.

Section 10(1) is amended by adding "and" to the end of

clause (

h) and repealing clause (i).

Section 13 is amended by adding the following after

subsection (2):

(2.1) Notwithstanding subsection (2), if all 3 individuals appointed

by the Minister under subsection (2)(

a) are not able for any reason to

participate in a panel being selected to decide an appeal, the Minister

may appoint an individual with the qualifications specified in

subsection (2)(

a) as a temporary member for a term coinciding with

the duration of the appeal.

Section 23 is repealed and the following is substituted:

Panel orders

23(1) A panel may by order confirm, reverse or vary the decision of

the council being appealed or make any decision that the council had

the authority to make in the first instance.

(2) If the panel makes an order under subsection (1) varying the levy

of a penalty or levying a penalty, the amount of the penalty must be

within the range of penalties specified in

section 13 of the Certificate

Expiry, Penalties and Fees Regulation (AR 125/2001).

Section 29(

d) is repealed and the following is

substituted:

(

d) the individual is a represented adult as defined in the Adult

Guardianship and Trusteeship Act or is the subject of a

certificate of incapacity under that Act,

6 Sections 31(1), (2) and (3) and 32(1) are amended by

striking out "mailed" and substituting "sent by mail or electronic

means".

Section 33 is amended

(

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

(3.1) An advertisement includes an advertisement on the

Council's website.

(

b) in subsection (4) by striking out "mail vote" and

substituting "vote sent by mail or electronic means".

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

Alberta Regulation 149/2011

Insurance Act

AUTOMOBILE ACCIDENT INSURANCE BENEFITS

AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 331/2011)

on July 13, 2011 pursuant to

section 629 of the Insurance Act.

1 The Automobile Accident Insurance Benefits

Regulations (AR 352/72) are amended by this Regulation.

Section 5 is amended by striking out "September 30, 2011"

and substituting "September 30, 2016".

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

Alberta Regulation 150/2011

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (RECIPROCAL BULK

TRANSFERS, 2011) AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 333/2011)

on July 13, 2011 pursuant to Schedules 1 and 2, sections 4 and 12;

Schedule 5,

section

4 of the Public Sector Pension Plans Act.

Part 1

Public Sector Pension Plans (Legislative

Provisions) Regulation

1 The Public Sector Pension Plans (Legislative Provisions)

Regulation (AR 365/93) is amended by this Part.

Section 19.12 is amended

(

a) in subsection (3) by striking out all the words after

the end of clause (

e) and substituting the following:

but excluding any such individuals who fall within subsection

(3.1).

(

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

(3.1) The excluded individuals referred to in subsection (3) are

individuals

(

a) who were in receipt of pensions in respect of their own

pensionable service from the Local Authorities Pension

Plan immediately before the time of transfer,

(

b) where potentially applicable with respect to the

respective employer within the meaning of the Public

Service Pension Plan (AR 368/93), who, as at the time

of transfer, have combined pensionable service in a

related plan, and

(

c) who, as at the time of transfer,

(

i) are ineligible to be participants of the Local

Authorities Pension Plan,

(ii) are also participants by virtue of employment with

other employers within the meaning of the Public

Service Pension Plan (AR 368/93) whose

employees are not the subject of a transfer under

subsection (2), or

(iii) fall within

section 32.1(2) of the Public Service

Pension Plan (AR 368/93).

Section 19.13 is amended

(

a) in subsection (3)

(

i) in clause (

a) by adding "and is to be treated in the

same manner" after "length";

(ii) by striking out "and" at the end of clause (

d) and by adding the following after clause (d):

(d.1) where a transferring participant commenced a

period of qualifying leave without salary under and

within the meaning of

section 14(8) of the Public

Service Pension Plan (AR 368/93) in

circumstances where

section 14(3) or (4), as the

case may be, of that Regulation potentially applies

and clause (

d) does not apply, then

section 14 of

the Local Authorities Pension Plan (AR 366/93) is

to be treated as applying with respect to the whole

of that period of qualifying leave, with the

employer under the Local Authorities Pension Plan

being liable for any contributions payable under

section 15 of that last-mentioned Regulation and

with the Local Authorities Pension Plan rates

applying, and

(

b) in subsection (4) by adding "as if there had been a

termination" after "under the Public Service Pension Plan";

(

c) by adding the following after subsection (4):

(5) To the extent that any service in the Public Service Pension

Plan, other than service covered by subsection (4), could not be

lawfully recognized as pensionable service under the Local

Authorities Pension Plan if transferred there, that service is not

to be transferred and the entitlements related to the pensionable

service not transferred are to be determined under the plan

rules of the Public Service Pension Plan as if there had been a

termination.

Section 19.16(2) is amended by striking out "19.15" and

substituting "19.12(3)(e)(ii)".

5 Sections 19.1 to 19.17 are repealed.

6 The following is added immediately before

Part 3:

Interpretation of sections 19.21 to 19.28

19.2 In sections 19.21 to 19.28,

(a) "exporting Plan" means the Plan referred to in

section

19.22(2) or (5) from which persons so referred to are

transferring;

(b) "importing Plan" means the Plan referred to in

section

19.22(2) or (5) to which persons so referred to are

transferring;

(c) "time of transfer" means, with reference to arrangements that

are ending, the end of the day, being no later than December

31, 2011, that is specified in relation to the employer in

question in the relevant order referred to in

section

19.22(3)(

b) or (6)(b), as the case may be, and with reference

to arrangements that are beginning, the beginning of the next

day.

Bulk transfer arrangements in general

19.21 Pursuant to sections 12(g.1) of Schedules 1 and 2 to the Act,

the transfers provided for in sections 19.22 to 19.28 are made as at

the time of transfer, except to the extent that another time is provided

for in relation to a transfer of assets in an order made under

section

19.25.

Transfers of exporting Plan participants

19.22(1) In

(a) subsections (2) to (4), "employee" and "participant" mean an

employee and a participant, respectively, within the meaning

of the Public Service Pension Plan (AR 368/93), and

(b) subsections (5), (6) and (except where the context otherwise

requires) (7), "employee" and "participant" mean an

employee and a participant, respectively, within the meaning

of the Local Authorities Pension Plan (AR 366/93),

and in subsections (8) and (9), each such word has whichever of

those meanings is appropriate to the context.

(2) The individuals identified in subsection (3) are transferred from

the Public Service Pension Plan to the Local Authorities Pension

Plan, provided that they were participants at the time of transfer and

did not terminate or die at or as at the time of transfer.

(3) The individuals referred to in subsection (2), taking into account

the effect of subsection (8), are employees employed by an employer

within the meaning of the Public Service Pension Plan (AR 368/93)

if they became employed at the time of transfer by an employer that

(

a) is participating as such in the Local Authorities Pension Plan,

and

(

b) is specified (and with effect from immediately following the

end of the day specified) in an order made by the Minister

after consulting with the Boards of the Local Authorities and

Public Service Pension Plans,

but excluding any such individuals who fall within subsection (4).

(4) The excluded individuals referred to in subsection (3) are

individuals

(

a) who were in receipt of pensions in respect of their own

pensionable service from the Local Authorities Pension Plan

immediately before the time of transfer,

(

b) where potentially applicable with respect to the respective

employer within the meaning of the Public Service Pension

Plan, who, as at the time of transfer, have combined

pensionable service in a related plan,

(

c) who fall within

section 32.1(2) of the Public Service Pension

Plan (AR 368/93),

(

d) who, as at the time of transfer,

(

i) were ineligible to be participants of the Local

Authorities Pension Plan, or

(ii) were also participants by virtue of employment with

other employers within the meaning of the Public

Service Pension Plan (AR 368/93) whose employees

are not the subject of a transfer under subsection (2).

(5) The individuals identified in subsection (6) are transferred from

the Local Authorities Pension Plan to the Public Service Pension

Plan, provided that they were participants at the time of transfer and

did not terminate or die at or as at the time of transfer.

(6) The individuals referred to in subsection (5), taking into account

the effect of subsection (8), are employees employed by an employer

within the meaning the Local Authorities Pension Plan (AR 366/93)

if they became employed at the time of transfer by an employer that

(

a) is participating as such in the Public Service Pension Plan,

and

(

b) is specified (and with effect from immediately following the

end of the day specified) in an order made by the Minister

after consulting with the Boards of the Public Service and

Local Authorities Pension Plans,

but excluding any such individuals who fall within subsection (7).

(7) The excluded individuals referred to in subsection (6) are

individuals who, as at the time of transfer,

(

a) were ineligible to be participants of the Public Service

Pension Plan, or

(

b) were also participants by virtue of employment with other

employers within the meaning of the Local Authorities

Pension Plan (AR 366/93) whose employees are not the

subject of a transfer under subsection (5).

(8) If applicable, the Minister's order referred to in subsection (3) or

(6) may also specify only a group of the employer's employees that

is to be transferred.

(9) The current employer of a group of employees referred to in

subsection (3) or (6) shall provide to the Minister a written list of

those employees as soon as possible following the time of transfer.

Persons and entitlements affected

19.23(1) A transfer under

section 19.22 affects benefits,

entitlements and obligations in relation to

(

a) persons transferred under that section,

(

b) pension partners or former pension partners of persons

referred to in clause (

a) who, at the time of transfer, had

entitlements to benefits arising under matrimonial property

orders filed with the Minister with respect to those persons,

and

(

c) persons prospectively or potentially entitled to benefits under

the Plan accrued to the time of transfer through persons

referred to in clause (

a) or (b).

(2) As at the time of transfer, with respect to persons referred to in

subsection (1),

(

a) they cease participation or prospective or potential coverage

under the exporting Plan and commence participation or

prospective or potential coverage, as the case may be, under

the importing Plan,

(

b) subject to this section, all benefits and entitlements, and

liabilities arising from them, are transferred from the

exporting Plan to the importing Plan, and

(

c) designations of beneficiaries made in relation to the

exporting Plan have the same effect, if any, in relation to the

importing Plan as they would have had in relation to the

exporting Plan.

(3) On the transfer, the importing Plan shall treat each participant of

the exporting Plan transferring as if all the transferred exporting Plan

pensionable service had been accumulated under the importing Plan,

and

(

a) transferred pensionable service credited to the time of

transfer under the exporting Plan counts as pensionable

service of equal length and is to be treated in the same

manner under the importing Plan,

(

b) pensionable salaries treated as earned to the time of transfer

under the exporting Plan count as pensionable salaries for the

purposes of determining benefits under the importing Plan,

(

c) employee contributions credited under the exporting Plan are

to be credited in the same amount and in the same manner

under the importing Plan,

(

d) where a transferring participant of the exporting Plan has

made arrangements, or has formally applied to make

arrangements, to acquire service as pensionable service

pursuant to the exporting Plan but has not fully paid for the

service being acquired or so applied for as at the time of

service, to the extent that it is transferred, continue under the

importing Plan as were in effect under the exporting Plan,

(

e) where a transferring participant commenced a period of

qualifying leave without salary under and within the meaning

(section 14(8)) of the exporting Plan in circumstances where

section 14(3) or (4), as the case may be, of the plan rules of

the exporting Plan potentially applies and clause (

d) does not

apply, then

section 14 of the importing Plan's plan rules is to

be treated as applying with respect to the whole of that period

of qualifying leave, with the employer under the importing

Plan being liable for any contributions payable under

section

15 of those plan rules and with the importing Plan rates

applying,

(

f) section 67 of the importing Plan's plan rules is to apply with

respect to employee contributions referred to in

section 67(1)

of the exporting Plan's plan rules, and all pensionable service

transferred, other than the prior service underlying those

contributions, is to be treated as current service for which

current service contributions have been paid under the

importing Plan, and

(

g) if the Local Authorities Pension Plan is the exporting Plan, a

transferring participant who was vested under and within the

meaning of the exporting Plan's plan rules is to be treated as

vested under and within the meaning of the importing Plan's

plan rules, regardless of whether that would otherwise be so

or not.

(4) If the Local Authorities Pension Plan is the exporting Plan and

the transferring participant had a period of probationary service

within the meaning of that Plan's plan rules with respect to which

subsection (3)(

d) does not apply and, as at the time of transfer, a

period of 5 years has not yet elapsed since the end of that

probationary service, then, before the earlier of 5 years after the end

of the probationary service and 180 days after the later of the

enactment of this subsection and the time of transfer, the transferring

participant may invoke

section 14.1 of the exporting Plan's plan

rules as if that section, and any supporting provisions, were in the

importing Plan's plan rules and regardless of the change of

employer.

(5) If the aggregate of a person's pensionable service in the

exporting Plan and the importing Plan in any calendar year would, if

all the first-mentioned service were transferred, exceed one year, the

pensionable service that is transferable is limited to the amount by

which the aggregate service in the 2 Plans in that calendar year

would equal one year, taking into account all the importing Plan

pensionable service, with the entitlements related to the excess

pensionable service not transferred being determined under the plan

rules of the exporting Plan as if there had been a termination.

(6) To the extent that any service in the exporting Plan, other than

service covered by subsection (4) or (5), could not be lawfully

recognized as pensionable service under the importing Plan if

transferred there, that service is not to be transferred and the

entitlements related to the pensionable service not transferred are to

be determined under the plan rules of the exporting Plan as if there

had been a termination.

Transfer of records and documents

19.24 As soon as practicable following the time of transfer, the

Minister, as administrator of the exporting Plan, shall transfer to the

Minister, as administrator of the importing Plan, those records and

documents, including full contribution, pensionable service and

pensionable salary histories and designations of beneficiaries, that

the Minister holds and that pertain to the transferring persons.

Transfers of assets

19.25(1) The Minister of Finance and Enterprise shall transfer from

the exporting Plan to the importing Plan, in accordance with an order

made under subsection (2), assets in respect of all the employees

contemplated by

section 19.22(3) or (6), as the case may be, who

were transferred as at a specific time of transfer.

(2) After consulting with the Boards of the importing and exporting

Plans, the Minister shall make orders respecting the transfers

referred to in subsection (1), including any provisions considered to

be necessary or expedient to effectuate each such transfer.

(3) An order under subsection (2) may specify the terms and

conditions for payment of any shortfall amount to the importing

Plan.

Orders under this

Part

19.26(1) An order made under this

Part is to be treated as

incorporated by reference into this Part.

(2) The Minister shall, as soon as is reasonably practicable, have

any order made under

section 19.22(3)(

b) or (6)(

b) published in

Part

I of The Alberta Gazette.

References in matrimonial property orders

19.27 Where there is a reference to the exporting Plan in a

matrimonial property order in respect of a transferring person, that

reference is to be treated, with effect from the time of transfer, as a

reference to the importing Plan.

Transitional

19.28 Without limiting the effect of

section 35(1) of the

Interpretation Act, a transaction that was initiated under any of

sections 19.1 to 19.17 (repealed) but that had not been completed

before the commencement of sections 5 and 6 of the Public Sector

Pension Plans (Reciprocal Bulk Transfers, 2011) Amendment

Regulation is to continue and to be completed under those sections

as if they were not repealed.

Part 2

Local Authorities Pension Plan

7 The Local Authorities Pension Plan (AR 366/93) is

amended by this Part.

Section 2(1) is amended

(

a) in clause (

p) by striking out "or (m)" and substituting

", (

m) or (n)";

(

b) in clause (rr)(iii) by adding "or the person's transfer by

section 19.22(5) of the Regulations" after "Act Schedule".

Section 11(1)(d.1) is amended by adding "in respect of his

own pensionable service" after "pension".

Section 11.1(3) is amended by adding "or where a person

is transferred into the Plan by

section 19.22(2) of the Regulations"

after "Regulations".

Part 3

Management Employees Pension Plan

11 The Management Employees Pension Plan (AR 367/93)

is amended by this Part.

Section 3(7) is amended by striking out "or (m)" and

substituting ", (

m) or (n)".

Section 10(1) is amended

(

a) in clause (

m) by adding "(repealed)" after "(e)" and

"19.1";

(

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

(

n) persons who were participants employed by an

employer that is also an employer under the Public

Service Pension Plan at that employer's time of transfer

within the meaning of

section 19.2(

c) of the Regulations

and immediately became employed by the new

employer under the Local Authorities Pension Plan so

long as they remain continuously employed by that new

employer.

Section 11(d.1) is amended by adding "in respect of his

own pensionable service" after "pension".

Part 4

Public Service Pension Plan

15 The Public Service Pension Plan (AR 368/93) is

amended by this Part.

Section 2(1)(rr) is amended by adding "or the person's

transfer by

section 19.22(2) of the Regulations" after "death".

Section 3(7) is amended by striking out "or (m)" and

substituting ", (

m) or (n)".

Section 10(1) is amended

(

a) in clause (m)

(

i) by adding "(repealed)" after "(e)" and "19.1";

(ii) by striking out "the Management Employees Pension

Plan" and substituting "a related plan or fell within

section 32.1(2)";

(

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

(

n) persons who were participants employed by an

employer at that employer's time of transfer within the

meaning of

section 19.2(

c) of the Regulations,

immediately became employed by the new employer

under the Local Authorities Pension Plan and had

combined pensionable service in a related plan or fell

within

section 32.1(2) at that time, so long as they

remain continuously employed by that new employer.

Section 11(d.1) is amended by adding "in respect of his

own pensionable service" after "pension".

Part 5

Commencement

20(1) Subject to subsection (2), this Regulation is deemed

to have come into force immediately before the end of

December 12, 2010.

(2) Sections 2, 3, 4, 15 and 18(a)(ii) are deemed to have

come into force on March 31, 2009.

Alberta Regulation 151/2011

Peace Officer Act

PEACE OFFICER (MINISTERIAL) AMENDMENT REGULATION

Filed: July 14, 2011

For information only: Made by the Solicitor General and Minister of Public Security

(M.O. 04/2011) on July 11, 2011 pursuant to

section 29 of the Peace Officer Act.

1 The Peace Officer (Ministerial) Regulation (AR 312/2006)

is amended by this Regulation.

Section 10 is amended

(

a) by repealing subsection (2)(e);

(

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

(3) If a peace officer terminates the peace officer's

employment or engagement of services with an authorized

employer, the authorized employer must, within 30 days of the

termination, report the termination in writing to the Director.

Section 18(1) is amended by adding the following after

clause (b):

(b.1) a white shirt and blue-black pants with or without a blue or

grey stripe, if permitted by the Minister;

Section 22(1) is amended by adding the following after

clause (b):

(b.1) having regard to all of the circumstances of the complaint, no

investigation is necessary;

Section 23 is amended by striking out "March 31, 2012"

and substituting "March 31, 2021".

Alberta Regulation 152/2011

Funeral Services Act

GENERAL AMENDMENT REGULATION

Filed: July 15, 2011

For information only: Made by the Minister of Service Alberta (M.O. SA:007/2011)

on July 13, 2011 pursuant to

section 27 of the Funeral Services Act.

1 The General Regulation (AR 226/98) is amended by this

Regulation.

Section 7 is amended by striking out "the corporate name

must be clearly disclosed to the public on the letterhead, contracts and

price lists of the business" and substituting the following:

the business's corporate name must be clearly disclosed to the public

(

a) on the business's letterhead,

(

b) in the business's contracts,

(

c) in advertising, and

(

d) on the business's price list.

Section 8 is amended

(

a) by renumbering

section 8 as

section 8(1);

(

b) in subsection (1)

(

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

(c.1) contain a list of the current locations where

embalming, and cremation services are to be

performed and contain a statement that the final

location of these services may be subject to change

and, if changed, a list of the then current locations

will be provided at the time these services are

required;

(ii) by adding the following after clause (d):

(

e) contain a statement, to be initialled by the

purchaser, that cremated remains not claimed

within 5 years after the date of cremation will be

disposed of in accordance with

section 36.3.

(

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

(2) At the time a funeral services contract is entered into, the

funeral services business must disclose to the purchaser, in

writing, whether or not refrigeration is available at the location

where the funeral services will be provided.

(3) Where a funeral services business does not have refrigeration

facilities available at the location where the funeral services will

be provided, and

(

a) the funeral services contract does not provide for

embalming services, and

(

b) final disposition will not occur within 72 hours from the

time the funeral services business takes possession of

the deceased's remains,

the funeral services business must disclose in writing, at the time

the funeral services business takes possession of the deceased's

remains, the location of any refrigeration facilities to which the

funeral services business has been provided access.

4 The following is added after

section 8:

Copy of funeral services contract

8.1 A funeral services business must provide a copy of the signed

funeral services contract to the purchaser immediately after the

contract is signed.

Section 11(

b) is amended by striking out "interest earned"

and substituting "income".

6 The following is added after

section 11.1:

Funds not claimed

11.2(1) Money held by a funeral services business pursuant to a

pre-need funeral services contract becomes unclaimed trust money

where

(

a) the funeral services business has been unable to determine

whether the contract beneficiary is deceased and has

reasonable grounds to believe that the contract beneficiary

would be 120 years old, or

(

b) the funeral services business has reasonable grounds to

believe that another funeral services business has provided

the funeral services,

and it is also the case that

(

c) goods or services that are the subject of the contract have not

been provided, and

(

d) the funeral services business has been unable to locate the

purchaser or personal representative.

(2) Once money held by a funeral services business pursuant to a

pre-need funeral services contract becomes unclaimed trust money,

the funeral services business shall

(

a) notify the authorized trustee in writing and direct the trustee

to transfer the money and income to the Minister within 15

days,

(

b) notify the Minister in writing of the transfer, and

(

c) provide the Minister with any other information requested by

the Minister.

(3) Money paid to the Minister under subsection (2) shall be held in

trust by the Minister for 2 years.

(4) Investment income on money paid to the Minister under

subsection (2) accrues to the Crown.

(5) A person who makes an application to claim money paid under

subsection (2) shall

(

a) make the application in a form approved by the Minister, and

(

b) provide the Minister with any information requested by the

Minister.

(6) The Minister shall, within 120 days after an application is

received under subsection (5), consider the application and may

(

a) allow the claim, if the Minister is satisfied that the applicant

has a valid entitlement to the money, or

(

b) deny the claim, if the Minister is not satisfied that the

applicant has a valid entitlement to the money.

(7) If the Minister does not receive a valid application for money

paid under subsection (2) by a person entitled to it within 2 years

from the time that the money is paid to the Minister,

(

a) the money shall be paid to the Board, and

(

b) all claims to the money by the person entitled to it are

extinguished.

Consumer assistance fund

11.3(1) No money shall be paid to the Board until a consumer

assistance fund has been established.

(2) All money paid to the Board under

section 11.2 shall be paid

into the consumer assistance fund and that money shall be used for

the purposes of advancing funeral services, including, without

limitation, providing funeral services to low income persons,

consumer education and grief counselling, as directed by the

Minister.

(3) No money shall be paid from the consumer assistance fund

before January 1, 2015.

Investments

11.4(1) The Board may invest money in the consumer assistance

fund only in investments in which trustees are permitted to invest

trust funds as provided for under

Schedule 3.

(2) Investment income earned on deposits of the consumer

assistance fund accrues to and forms part of the consumer

assistance fund.

Annual statement

11.5(1) The Board must ensure that an audited financial statement

on the consumer assistance fund containing the information

required by the Minister is prepared for each fiscal year of the

Board.

(2) The Board must submit an audited financial statement prepared

in accordance with subsection (1) to the Minister by July 31

following the fiscal year for which it is prepared.

Winding-up of fund

11.6(1) The consumer assistance fund may not be wound up

without an order of the Minister.

(2) If the consumer assistance fund is wound up, the consumer

assistance fund must

(

a) first, be used to pay all costs incurred in the winding-up of

the consumer assistance fund, and

(

b) second, be disposed of in accordance with an order of the

Minister.

Section 12(1) is amended by striking out "section 5 of the

Act" and substituting "section 10".

Section 12.1(2)(a)(ii) is amended by striking out "interest

earned" and substituting "income".

Section 12.2(

b) is amended

(

a) by striking out "forthwith";

(

b) in subclause (

i) by adding "within 7 days of receiving

written notice under clause (a)" after "transfer the contract";

(

c) by striking out "and" at the end of subclause (

i) and

by adding the following after subclause (i):

(i.1) provide written notification to the authorized trustee

within 5 business days of receiving written notice under

clause (

a) stating the money held in trust is to be

transferred as provided for under the Act and this

Regulation, and

10 The following is added after

section 12.2:

Change in location of trust account

12.3 A funeral services business shall inform the Director in

writing prior to any changes respecting the location where a trust

account is held.

Section 13(3) is amended by adding "dead" after

"preparing".

Section 13.3 is repealed and the following is

substituted:

Fixed business location

13.3 A funeral services business must have a fixed business

location.

Section 14(

b) is repealed and the following is

substituted:

(

b) any change in the officers of the company or corporation or

partners of a partnership, and

Section 15 is amended

(

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

clause (a):

(a.1) retain a copy of all funeral services contracts entered

into and trust account information obtained for a

minimum period of 7 years after the trust money has

been transferred to the Minister in accordance with

section 11.2,

(

b) in subsection (2)

(

i) in clause (b)(viii) by striking out "interest earned"

and substituting "income";

(ii) in clause (c)(vii) by adding "and address" after

"name";

(

c) by repealing subsection (3).

Section 16 is repealed and the following is substituted:

Annual pre-need trust report

16(1) The licensee of a funeral services business that enters into

pre-need funeral services contracts or holds money in trust pursuant

to sections 7 and 8 of the Act shall annually provide to the Director a

report of its financial affairs for the preceding year

(

a) within 120 days of its fiscal year end,

(

b) in the form set by the Director, and

(

c) completed by a public accounting firm registered under the

Regulated Accounting Profession Act.

(2) The Director may require the report under subsection (1) to be

audited by an independent auditor within the time specified by the

Director.

Section 17.1 is repealed.

Section 18 is amended

(

a) in subsection (7)

(

i) by striking out "5 days" and substituting "7

days";

(ii) by repealing clause (

b) and substituting the

following:

(

b) written notice of the date of commencement and

termination of employment of any funeral director,

embalmer or pre-need salespersons hired by the

funeral services business;

(

b) in subsection (8) by striking out "notify the Director

immediately" and substituting "provide written

notification to the Director within 7 days".

Section 19(

a) is amended by adding "solicit to enter into

or" before "enter into on behalf of".

Section 21 is amended by adding "solicit to enter into or"

after "authorizes the licensee to".

Section 22 is amended

(

a) in subsection (1)

(

i) in clause (

a) by striking out "sponsor the applicant"

and substituting "employ the applicant either as an

employee or contractor";

(ii) in clause (

b) by striking out "intends to work" and

substituting "will be actively engaged in the

operation of the funeral services business";

(

b) by repealing subsection (2).

Section 25 is amended by striking out "5 days" and

substituting "7 days".

Section 26 is repealed and the following is substituted:

Inspections and investigations

26(1) On the completion of an inspection or investigation in respect

of a funeral services business by an inspector, the inspector shall

provide a

summary of the inspector's findings to the Director.

(2) The Director shall provide a copy of the

summary of the

inspector's findings to the funeral services business and shall

indicate whether any deficiencies were found during the inspection

or investigation.

(3) If any deficiencies were found during the course of the

inspection or investigation, the Director may direct the funeral

services business to take such steps as are necessary in the Director's

opinion to correct them.

Section 33 is repealed and the following is substituted:

Registers

33 The Director shall maintain registers showing the name of

(

a) each funeral director,

(

b) each embalmer,

(

c) each pre-need salesperson,

(

d) each funeral services business,

(

e) each funeral services business that is licensed to enter into

pre-need funeral services contracts,

(

f) each funeral services business that offers embalming, and

(

g) the business manager for each funeral services business.

Section 34 is amended

(

a) in subsection (1) by striking out "and investigate";

(

b) by repealing subsection (3).

Section 35 is repealed.

Section 36(2) is amended by striking out "The" and

substituting "Subject to an order of the Court, the".

Section 36.1(4) is amended by striking out "one year" and

substituting "5 years".

Section 36.3 is repealed and the following is

substituted:

Disposition of remains

36.3(1) Any cremated remains that are not claimed within 5 years

from the date of the cremation must be disposed of by the funeral

services business in a manner that is not offensive and that does not

create a nuisance as specified in the funeral services contract.

(2) If the funeral services business possesses cremated remains at

the time this

section comes into force, and the cremated remains are

not claimed within 5 years from the date this

section comes into

force, the funeral services business must dispose of the cremated

remains in a manner that is not offensive and that does not create a

nuisance.

(3) Prior to disposing any cremated remains under this section, the

funeral services business must make reasonable attempts to contact

the person with the right to control the disposition of cremated

remains under

section 36 by registered mail to the last known

address of the person, by advertisement in a newspaper of local

circulation or by any other traceable method available to the funeral

services business.

Section 37 is amended by adding the following after

subsection (11):

(12) The fee for an appeal made pursuant to

section 16 or 34.2 of

the Act is $1000.

(13) If an appeal is successful, the appeal fee shall be returned to the

applicant.

30 The following is added after

section 37.2:

Powers of Board

37.21(1) The Board has the capacity and, subject to the Act and

this Regulation, the rights, powers and privileges of a natural person.

(2) The Board has the capacity to exercise a natural person's rights,

powers and privileges in any jurisdiction outside Alberta to the

extent that the laws of that jurisdiction permit.

Section 37.3(3)(

b) is repealed and the following is

substituted:

(

b) is or was actively engaged in the day-to-day operation