Alberta Gazette — 31 May (ii)
0531 ii
Alberta — Gazette
Alberta Regulation 82/2002
Marketing of Agricultural Products Act
ALBERTA VEGETABLE GROWERS (PROCESSING) PRODUCTION
AND MARKETING AMENDMENT REGULATION
Filed: May 1, 2002
Made by the Alberta Vegetable Growers (Processing) Board on April 22, 2002
pursuant to sections 26 and 27 of the Marketing of Agricultural Products
Act.
1 The Alberta Vegetable Growers (Processing) Production and Marketing
Regulation (AR 283/97) is amended by this Regulation.
Section 21(1) is amended by striking out "1.25%" and substituting
"1.75%".
------------------------------
Alberta Regulation 83/2002
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: May 7, 2002
Made by the Alberta Energy and Utilities Board on May 3, 2002 pursuant to
section 10(1)(
b) of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Regulation (AR 151/71) is amended by this
Regulation.
2 The following is added after
section 1.020:
PART 1.1
SECURITY DEPOSIT FOR
WELLS AND FACILITIES
1.100(1) In this
section "facility" does not include an oilfield
waste management facility.
(2) The Board may require a licensee to provide a security deposit
(
a) before approving a transfer of a licence,
(
b) at any time the licensee fails a licensee liability
rating assessment conducted by the Board,
(
c) at any time where the Board considers it
appropriate to do so to offset the estimated costs of suspending,
abandoning or reclaiming a well, facility, well site or facility site,
(
d) at any time where the Board considers it
appropriate to do so to offset the estimated costs of providing care and
custody for a well, facility, well site or facility site, and
(
e) at any time where the Board considers it
appropriate to do so to offset the estimated costs of carrying out any
other activities necessary to ensure the protection of the public and the
environment.
(3) The Board may require an applicant for a transfer of a licence
who is not a licensee to provide a security deposit for any purpose
referred to in subsection (1)(c), (
d) or (e).
(4) The Board may require a security deposit to be provided, and may
administer a security deposit,
(
a) relative to a particular well, facility, well site
or facility site, or
(
b) relative to the operations of the licensee
generally,
and may convert a security deposit from one such basis to the other.
(5) Where the Board determines that a security deposit currently
held by the Board is inadequate for the purposes provided for in subsection
(2), the Board may require the licensee to provide any additional amounts
that the Board considers necessary.
(6) A security deposit must be in one of the following forms, as
determined by the Board:
(
a) cash;
(
b) an irrevocable letter of credit in a form
acceptable to the Board.
(7) The Board may require that a security deposit be provided all at
the same time or in portions in the amounts and at the times specified by
the Board.
(8) Where a licensee fails to meet an obligation or carry out an
activity in respect of which the security deposit was provided, the Board
may,
(
a) in the case of a cash security deposit, apply all
or part of the security deposit held in the name of the licensee and any
earned interest towards the costs required to meet the obligation or carry
out the activity;
(
b) in the case of a security deposit in the form of a
letter of credit, cash the letter of credit and apply any or all of the
cash towards the costs required to meet the obligation or carry out the
activity.
(9) Where a person other than the licensee does anything for the
purposes of meeting the obligation or carrying out the activity in respect
of which the security deposit was provided, the Board may distribute any or
all of the security deposit to that person for that purpose.
(10) On the request of a licensee the Board shall return a security
deposit, together with earned interest, where the Board is satisfied that
the licensee
(
a) has fully met all of the obligations and carried
out all of the activities in respect of which the security deposit was
provided, and
(
b) has met the other eligibility requirements of the
Board for a full refund of the security deposit.
(11) On the request of a licensee the Board may return part of a
security deposit where the Board is satisfied that the licensee
(
a) has partially met the obligations and carried out
the activities in respect of which the security deposit was required, and
(
b) has met the other eligibility requirements of the
Board for a partial refund of the security deposit.
3 The heading "Deposit" preceding
section 2.081 and
section 2.081 are
repealed.
Section 3.069 is repealed.
Alberta Regulation 84/2002
Municipal Government Act
SLAVE LAKE AIRPORT SERVICES COMMISSION
AMENDMENT REGULATION
Filed: May 8, 2002
Made by the Lieutenant Governor in Council (O.C. 206/2002) on May 8, 2002
pursuant to
section 602.02(1) of the Municipal Government Act.
1 The Slave Lake Airport Services Commission Regulation (AR 267/98) is
amended by this Regulation.
Section 8 is repealed.
------------------------------
Alberta Regulation 85/2002
Court of Appeal Act
Court of Queen's Bench Act
Civil Enforcement Act
ALBERTA RULES OF COURT AMENDMENT REGULATION
Filed: May 8, 2002
Made by the Lieutenant Governor in Council (O.C. 210/2002) on May 8, 2002
pursuant to
section 16 of the Court of Appeal Act,
section 20 of the Court
of Queen's Bench Act and
section 107 of the Civil Enforcement Act.
1 The Alberta Rules of Court (AR 390/68) are amended by this Regulation.
2 Rule 50(1)(
b) is amended by adding "whether as plaintiff, defendant,
plaintiff by counterclaim, defendant by counterclaim, third party or
otherwise" after "proceeding".
3 Rule 530(2) is amended
(
a) by striking out "In this Rule, "hard copy" means" and
substituting "The hard copy must consist of";
(
b) by adding the following after clause (g):
(
h) contain no more than 200 pages per volume, and
where any volume exceeds 200 pages, be split into separate volumes of
approximately equal length.
4 Rule 538(2) is amended by striking out "15" and substituting "45".
5 Rule 581 is amended by striking out "The Infants Act for the sale,
mortgage, lease or other disposition of an infant's estate shall" and
substituting "the Minors' Property Act for the sale, mortgage, lease or
other disposition of a minor's estate must".
Part 62 is repealed.
Schedule A is amended by repealing Forms A, E and G and substituting
the attached Forms A, E and G.
SCHEDULE A
FORMS IN CIVIL ACTIONS
FORM A.
(Rule 22)
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
Plaintiff
and
Defendant
I, of
in the Province of Alberta
Make oath and say:
That I did on the day of , 20
serve with a true copy of the
hereunto annexed by inserting such copy in an envelope addressed to
and posting the same by registered mail in the Post Office at
And hereunto annexed, marked Exhibit A, is the receipt from the Postmaster
at for such registered letter; and hereunto annexed
marked Exhibit B is the receipt of for such
registered letter.
Sworn before me at )
in the Province of Alberta, this )
day of )
20 )
A Commissioner, Notary Public, )
or Justice of the Peace. )
FORM E.
(Rule 291)
COMMISSION TO EXAMINE WITNESSES
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
Plaintiff
and
Defendant
COMMISSION TO EXAMINE WITNESSES
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: , of in the of , in
, of the of the of .
GREETING:
WHEREAS a certain action is now pending in (the Court of Queen's Bench of
Alberta, or other tribunal) between the above named Plaintiff and
Defendant, wherein the Plaintiff claims (prays for) ;
AND
WHEREAS by an order made in this action by the Honourable
on the day of A.D. 20 , on the application of the
, it was ordered that a commission issue out of our Court for
the examination of of in the , as
witnesses on behalf of the ;
NOW KNOW YE that We, in confidence of your prudence and fidelity, have
appointed and do by this Commission appoint you, and direct, authorize and
give you power within thirty days after the receipt of this Commission, or
such longer time as may reasonably be required to take evidence in the
above cause, to examine before you viva voce as herein mentioned the
aforesaid witnesses, ;
AND WE COMMAND YOU as follows:
1. Take an oath or affirmation which is considered by you to be binding on
your conscience, which may be in the manner and form hereto attached, and
which shall be taken before a person authorized to take affidavits outside
of the province of Alberta for use within the province of Alberta, before
you in any manner act in the execution hereof.
2. Take the examination viva voce of the said ,
at such time and place as may be appointed by you for that purpose, with
power of adjournment from time to time to such other time and place as to
you shall seem convenient. (In a divorce action the following addendum is
added:
PROVIDED ALWAYS that the examination of witnesses shall be subject to
section 7(1) of the Alberta Evidence Act, which reads as follows:
"7(1). No witness in any action, whether a party to it or not is
liable to be asked or shall be bound to answer a question tending to show
that the witness has been guilty of adultery unless the witness has already
given evidence in the same action in disproof of the alleged adultery.".)
3. For the purposes aforesaid cause the said witnesses to come before you
and administer to them an oath or affirmation truly to answer such
questions as shall be put to them, touching the question at issue; likewise
administer to any reporter, shorthand writer or clerk appointed by you an
oath or affirmation truly and faithfully to fulfil the duties devolving on
him, which may be in the manner and form hereunto attached.
4. All viva voce questions and answers thereto, and any voluntary
statement made by either witness, shall be reduced to writing, and for such
purpose you may engage and appoint a reporter, shorthand writer, or clerk,
if to you it should seem meet and convenient so to do.
5. In the event of said witnesses on such examination producing any books,
documents, letters, papers or writing, and refusing for good cause (to be
stated in their evidence) to part with the original thereof, then a copy
thereof or an abstract therefrom, certified by you as Commissioner to be a
true and correct copy or extract, shall be annexed to the deposition of
such witnesses.
6. The deposition taken under this commission shall:
(
a) be read over to and signed by the witnesses, and
(
b) signed by you as Commissioner;
provided, however, that if any witness shall refuse to sign the deposition,
then you alone shall sign the deposition; but where the examination is
taken in shorthand it is not necessary to read over the deposition to the
witnesses or have them sign the same; in such case a copy of the
depositions, typewritten or in longhand, certified by the shorthand writer
as correct, shall be attached to the Commission and signed by you as
Commissioner.
through the medium of an interpreter, or interpreters, to be nominated by
the Commissioner, or Commissioners, present at the examination, and to be
previously sworn by or before the Commissioner truly to interpret the
questions and answers.
8. The deposition, together with this Commission and exhibits referred to
therein - or certified copies thereof or extracts therefrom - shall be
sealed in an envelope and forthwith transmitted to the Clerk of the Court
of Queen's Bench of Alberta, Court House, , Alberta, as
directed in the instructions hereto attached;
AND WE DO HEREBY GIVE YOU THE FULL POWER AND AUTHORITY to do all such acts,
matters and things as may be necessary, lawful and expedient, for the due
execution of this Our Commission, and you will have due regard to the
instructions hereunto appended.
DATED at the of , in the Province of Alberta, this
day of , A.D. 20 .
Clerk of the Court of Queen's Bench of Alberta.
INSTRUCTIONS AS TO THE EXECUTION
OF THE WITHIN COMMISSION
1. Follow all the directions and requirements of the Commission strictly.
Particular care should be taken to have the forms of oaths hereinafter
attached properly sworn, and that the deposition is properly signed by the
witness and Commissioner if taken in longhand; or that the transcript is
certified by the shorthand writer and signed by the Commissioner if taken
in shorthand.
2. Write the style of cause on the back of the envelope containing the
Commission, deposition, etc., and the word "COMMISSION", and address it to:
The Clerk of the Court of Queen's Bench,
The Court House,
, Alberta.
and mail the same by registered post, postage prepaid.
3. The Commissioner will take two oaths, as follows:
(
a) The Oath of Office in the form No. 1 attached. This is to be
taken before entering upon the execution of the Commission.
(
b) An affidavit of execution of the Commission in the form No. 2
attached.
These two oaths should be made, affirmed or declared before
(here insert the appropriate officer or officers, who are to be those
within the classes prescribed by Rule 285) under his hand and official seal
(if he has one), and returned with the Commission.
4. The witnesses must swear and subscribe a Witness's Oath in the form
marked No. 3 attached, and such oath must be duly completed, subscribed and
sealed by the Commissioner. It is essential to return these oaths with the
Commission.
5. The reporter, shorthand writer or clerk must subscribe and swear the
Reporter's Oath marked No. 4 attached. This oath must be duly completed,
subscribed and sealed by the Commissioner. It is essential to return this
oath with the Commission.
CLERK OF THE COURT OF QUEEN'S BENCH OF ALBERTA
Court House,
, Alberta
No. 1
COMMISSIONER'S OATH OF OFFICE
I, of in the
MAKE OATH AND SAY:
THAT I will, according to the best of my skill and knowledge, truly and
faithfully and without partiality to any or either of the parties in this
cause, take the examinations and depositions of all and every witness and
witnesses produced and examined by virtue of the Commission within written.
SO HELP ME GOD.
(or, in the case of a party who objects to taking an oath, I do so
solemnly, sincerely, and truly affirm and declare)
SWORN before me at )
in the of )
this day of )
A.D. 20 )
(Officer)
A person authorized to take
affidavits for use in Alberta.
No. 2
COMMISSIONER'S AFFIDAVIT OF
EXECUTION OF COMMISSION
I, of in the
MAKE OATH AND SAY:
1. That I am the Commissioner duly appointed by and pursuant to the
foregoing Commission to examine the witnesses therein named.
2. That before in any manner acting in the execution of the aforesaid
Commission I did duly swear and subscribe an Oath of Office as such
Commissioner, which said Oath has been enclosed with the aforesaid
Commission and returned by me pursuant thereto.
3. That the names, residences and occupations, respectively, of the
witnesses examined by me pursuant to the said Commission are as follows:
(a)
(b)
4. That before examining the said witnesses I did administer to them an
oath or affirmation and declaration, which said oath or affirmation duly
sworn and signed by said witnesses has been enclosed with the aforesaid
Commission and returned by me pursuant thereto.
5. That for the purposes of taking and reducing to writing the viva voce
questions and answers and the voluntary statements made by the said
witnesses, I did appoint of in the
, Shorthand Writer, and I did administer to the said an oath
or affirmation and declaration and which oath has been enclosed with the
aforesaid Commission and returned by me pursuant thereto.
6. That the said did duly take down all the viva voce
questions and answers aforesaid in the course of the said examination and
the same was truly and correctly done and I have examined the transcript of
the same and I say that the same, as certified by the said Shorthand Writer
and signed by me, is a true and correct transcript of all such questions
and answers put to, asked, made and taken pursuant to the said Commission.
SWORN before me at )
in the )
of )
this day of )
A.D. 20 )
A person authorized to take
affidavits for use in Alberta.
No. 3
WITNESS'S OATH
I, ___________, of __________ in the _______of _______,
MAKE OATH AND SAY:
THAT I will truthfully answer all questions asked me, without fear or
favour, or malice to any party, and I will speak the truth, the whole truth
and nothing but the truth,
SO HELP ME GOD.
(or, in the case of a party who objects to taking an oath, I do so
solemnly, sincerely and truly affirm and declare)
SWORN BEFORE ME at )
in the of )
this day of , )
(The Commissioner)
No. 4
REPORTER'S OATH
I, of in the , of ,
MAKE OATH AND SAY:
THAT I will truly, faithfully, and without partiality to any or either of
the parties in this cause, take, write down, and transcribe all and every
one of the questions and answers which shall be asked to put to, and
answered by all and every such witness or witnesses produced before and
examined by the said Commissioner named in the Commission, within written,
so far as I am directed and employed by the Commissioner to take down and
transcribe such questions and depositions.
SO HELP ME GOD.
(or, in the case of a party who objects to taking an oath, I do so
solemnly, sincerely, and truly affirm and declare).
SWORN before me at )
in the )
of )
this day of )
A.D. 20 )
(The Commissioner herein)
FORM G.
(Rule 405)
ORIGINATING NOTICE
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
Applicant
and
Respondent
TO: (the person or persons on whom service is to be made)
TAKE NOTICE that a motion will be made on behalf of (person's name)
of the of in the Province of
, (occupation), the above-named applicant, before the
presiding Judge in Chambers at the Court House in the City of on
day, the day of 20 at the hour of
o'clock in the noon or so soon thereafter as counsel may be heard for
an Order that:
(here set out a concise statement of the claim made and of the relief
or remedy claimed with sufficient particulars to identify the cause or
causes of action in respect of which the applicant claims that relief or
remedy).
for the determination of the following questions (or as the case may be);
AND FURTHER TAKE NOTICE that in support of the application will be read
(the affidavit or affidavits of to be used),
copies of which are served herewith;
Dated at the of , in the Province of Alberta, the
day of , 20 .
Clerk of the Court (SEAL)
This originating notice was taken out by solicitor
for the applicant whose address for service is .
(OR - if the applicant sues in person)
This originating notice was taken out by the applicant whose address
for service is .
Alberta Regulation 86/2002
Pharmaceutical Profession Act
SCHEDULED DRUGS REGULATION
Filed: May 8, 2002
Made by the Lieutenant Governor in Council (O.C. 212/2002) on May 8, 2002
pursuant to
section 93 of the Pharmaceutical Profession Act.
Schedule 1 drugs
1 The drugs set out in
Schedule I of the National Association of Pharmacy
Regulatory Authorities Drug Schedules (as amended or replaced from time to
time) published by the National Association of Pharmacy Regulatory
Authorities, and vaccines for diphtheria, tetanus, pertussis, polio,
haemophilus B, measles, meningitis, mumps, rubella, hepatitis A, hepatitis
B and influenza are designated as
Schedule 1 drugs for the purposes of
section 2(1)(
d) of
Schedule 1 to the Pharmaceutical Profession Act.
Schedule 2 drugs
2(1) Subject to subsection (2), the drugs set out in
Schedule II of the
National Association of Pharmacy Regulatory Authorities Drug Schedules (as
amended or replaced from time to time) published by the National
Association of Pharmacy Regulatory Authorities, and the drugs iodinated
casein and dimenhydrinate and its salts, are designated as
Schedule 2 drugs
for the purposes of
section 3 of
Schedule 2 to the Pharmaceutical
Profession Act.
(2) The following drugs are excluded from the designation under subsection
(1):
(
a) vaccines for diphtheria, tetanus, pertussis, polio, haemophilus
B, measles, meningitis, mumps, rubella, hepatitis A, hepatitis B and
influenza;
(
b) diphenhydramine and its salts for topical use (benadryl
anti-itch);
(
c) charcoal (activated) for use in poisoning treatment;
(
d) hydroquinone (topical preparations in concentrations of less
than 2%).
Schedule 3 drugs
3(1) Subject to subsection (2), the drugs set out in
Schedule III of the
National Association of Pharmacy Regulatory Authorities Drug Schedules (as
amended or replaced from time to time) published by the National
Association of Pharmacy Regulatory Authorities, and drugs for veterinary
use by hypodermic injection into an animal, are designated as
Schedule 3
drugs for the purpose of
section 3 of
Schedule 3 to the Pharmaceutical
Profession Act.
(2) The following drugs are excluded from the designation under subsection
(1):
(
a) acetaminophen (in sustained release formulations);
(
b) acetylsalicylic acid and its salts (in products for oral, adult
use, in strengths of 81 mg/dosage unit and 650 mg or greater/dosage unit
and in rectal preparations containing more than 150 mg/dosage unit;
(
c) aloe vera latex, its extracts and derivatives (except
aloin)(dosage forms for systemic use containing more than 300 mg/dosage
unit);
(
d) aluminum oxide;
(
e) anetholtrithione;
(
f) antazoline and its salts;
(
g) antipyrine (for otic use);
(
h) benzonatate;
(
i) berbers vulgaris (barberry);
(
j) brompheniramine and its salts;
(
k) calcium polycarbophil;
(
l) carbinoxamine and its salts;
(
m) casanthranol;
(
n) cerapon;
(
o) charcoal (activated) for use in poisoning treatments;
(
p) chlophendianol and its salts;
(
q) chlorzoxazone and its salts;
(
r) clemastine and its salts;
(
s) danthron;
(
t) dehydrocholic acid and its salts;
(
u) deoxycholic acid and its salts;
(
v) dexbrompheniramine and its salts;
(
w) dextromethorphan and its salts;
(
x) dimenhydrinate and its salts;
(
y) dimethothiazine;
(
z) diphenhydramine and its salts and preparations;
(aa) diphenylpyraline;
(bb) doxylamine and its salts (except those sold for nausea and
vomiting related to pregnancy);
(cc) electrolyte solutions for oral hydration;
(dd) fractar;
(ee) glyceroagrentinate;
(ff) haloprogin;
(gg) iodine and its salts and derivatives (for topical use);
(hh) lactic acid;
(ii) lactulose;
(jj) loratidine and its salts and preparations;
(kk) magnesium citrate (cathartics);
(ll) magnesium salicylate (except oral dosage forms which also
contain choline salicylate);
(mm) mepyramine;
(nn) mineral tar (except shampoos with concentrations of less than
5%);
(oo) narcotine and its salts (Noscapine);
(pp) oxethazine;
(qq) phenyltoloxamine and its salts;
(rr) povidone-iodine (vaginal and topical preparations);
(ss) povidone-iodine (topical preparations, except in concentrations
of 5% or less);
(tt) promethazine and its salts (for topical use);
(uu) sodium biphosphate (cathartics);
(vv) sodium phosphate (cathartics);
(ww) triethanolamine oleate;
(xx) triethanolamine salicylate (in concentrations greater than
20%);
(yy) tripelennamine and its salts;
(zz) triprolidine;
(aaa) tyrothricine;
(bbb) vegetable tar.
Consequential
4(1) The Schedules to the Pharmaceutical Profession Act are amended by
this section.
(2) Schedule 1 is amended by repealing
section 2(1)(e).
(3) Schedule 2 is amended by repealing
section 4.
(4) Schedule 3 is amended by repealing
section 4.
------------------------------
Alberta Regulation 87/2002
Apprenticeship and Industry Training Act
MEDIUM BOOM TRUCK OPERATOR EXCEPTION REGULATION
Filed: May 8, 2002
Made by the Alberta Apprenticeship and Industry Training Board on April 11,
2002 pursuant to
section 22.1(1) of the Apprenticeship and Industry
Training Act.
Table of Contents
Interpretation 1
Exception
Exception re medium boom truck craft 2
Provisions of Boom Truck Services
Conditions 3
Supervision 4
Identification card 5
Training
Establishment and operation of training programs 6
Administration re approved training programs 7
Expiry and Coming into Force
Expiry 8
Coming into force 9
Interpretation
1(1) In this Regulation,
(a) "approved training program" means a training program that is
established under
section 6;
(b) "boom truck" means a truck that is equipped with a
hydraulically driven structure or device that
(
i) is mounted on a turret that is affixed to the
truck,
(ii) is supported to provide mobility, and
(iii) is equipped with
(
A) a boom that is capable of swinging,
hoisting and booming up and down,
(
B) a telescoping boom, or
(
C) an articulating boom;
(c) "electric utility" means an electric utility as defined in the
Electric Utilities Act and includes a corporation that is not an electric
utility under the Electric Utilities Act but that operates a distribution
system to distribute electricity to its customers or to the public;
(d) "identification card" means, in respect of an approved training
program, documentation indicating that
(
i) the person to whom the documentation was issued has
successfully completed an approved training program, or
(ii) in the case of a trainee, that the person is
participating in an approved training program;
(e) "industrial enterprise" means a corporation, other than an
electric utility, that is engaged in industrial activities;
(f) "medium boom truck" means a boom truck that has a lifting
capacity of less than 20 tons (18.0 tonnes) but greater than 5 tons (4.5
tonnes);
(g) "medium boom truck craft" means the medium boom truck craft of
the boom truck branch of the trade;
(h) "provincial apprenticeship committee" means the provincial
apprenticeship committee for the trade;
(i) "qualified person" means a person who has successfully
completed an approved training program;
(j) "trade" means the occupation of crane and hoisting equipment
operator that is designated as a compulsory certification trade pursuant to
the Apprenticeship and Industry Training Act;
(k) "trainee" means a person who is engaged in an approved training
program but has not yet successfully completed that program;
(l) "truck" means a truck that is equipped with a deck for carrying
loads or a fifth wheel for pulling loads or with both a deck and a fifth
wheel.
(2) A reference in this Regulation,
(
a) to tasks, activities and functions in the undertakings that
constitute the medium boom truck craft is a reference to the tasks,
activities and functions in the undertakings that constitute the medium
boom truck craft as provided for under the Crane and Hoisting Equipment
Operator Trade Regulation (AR 272/2000);
(
b) to boom truck services is a reference to the carrying out of
tasks, activities and functions in the undertakings that constitute the
medium boom truck craft;
(
c) to an electric utility includes a reference to a corporation
that under contract provides general maintenance, construction or similar
services to the electric utility;
(
d) to an industrial enterprise includes a reference to a
corporation that under contract provides general maintenance, construction
or similar services to the industrial enterprise.
Exception
Exception re medium boom truck craft
2 Even though a person is not otherwise permitted under the
Apprenticeship and Industry Training Act to work in the medium boom truck
craft, a person may carry out the tasks, activities and functions in the
undertakings that constitute the medium boom truck craft where that person
meets the requirements of and complies with this Regulation.
Provision of Boom Truck Services
Conditions
3 A person may carry out boom truck services under this Regulation only
if the following conditions are met:
(
a) that person is a qualified person or trainee;
(
b) the boom truck services are carried out for the electric
utility or industrial enterprise that provided or is providing that person
with training under an approved training program;
(
c) the boom truck services are carried out in connection with the
operations of the electric utility or the industrial enterprise referred to
in clause (b);
(
d) in the case of an industrial enterprise, the boom truck
services are carried out only on the property on which the industrial
operations of the industrial enterprise are located;
(
e) the boom truck used to carry out the boom truck services is a
medium boom truck.
Supervision
4 Where a person is a trainee, that person may carry out boom truck
services if those services are carried out under the supervision of a
person who
(
a) is a qualified person, or
(
b) holds a trade certificate in the mobile crane branch or the
heavy boom truck craft or medium boom truck craft of the boom truck branch
of the trade.
Identification card
5(1) A qualified person or trainee may only carry out boom truck services
if that person has been issued an identification card and is able to
produce it on request.
(2) When a person to whom an identification card has been issued has been
requested by
(
a) the provincial apprenticeship committee or the Executive
Director, or any person acting on their behalf, or
(
b) an officer under the Occupational Health and Safety Act,
to produce that identification card, that person must produce the
identification card for inspection by the person making the request.
Training
Establishment and operation of training programs
6(1) With the approval of the provincial apprenticeship committee, an
electric utility or industrial enterprise may establish and operate a
training program in respect of the medium boom track craft for the purposes
of providing training in the craft to employees of that electric utility or
industrial enterprise.
(2) The provincial apprenticeship committee may at any time rescind its
approval with respect to a training program established under this
section
and on that approval being rescinded
(
a) the program ceases to be an approved training program, and
(
b) the provider of the program must cease offering the program for
the purposes of this Regulation.
(3) Nothing in subsection (2) is to be construed so as to affect any
person who has successfully completed a training program referred to in
subsection (2) prior to the approval being rescinded.
(4) Notwithstanding anything in this section, an electric utility or
industrial enterprise may retain the services of another person to provide
an approved training program on behalf of or for the benefit of the
electric utility or industrial enterprise.
Administration re approved training program
7(1) In this section, "training organization" means any electric utility,
industrial enterprise or other person that provides an approved training
program.
(2) Without the prior approval of the provincial apprenticeship committee,
a training organization shall not do any of the following:
(
a) alter the content of an approved training program;
(
b) take over the administration or operation, or both, of an
approved training program from another training organization;
(
c) take over the training of a trainee from another training
organization.
Expiry and Coming into Force
Expiry
8 For the purpose of ensuring that this Registration 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 June 30, 2004.
Coming into force
9 This Regulation comes into force on July 1, 2002.
------------------------------
Alberta Regulation 88/2002
Wildlife Act
WILDLIFE AMENDMENT REGULATION
Filed: May 14, 2002
Made by the Minister of Sustainable Resource Development (M.O. 06/2002) on
May 1, 2002 pursuant to
section 103 of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.
Schedule 4 is amended, in the line at the beginning specifying the
provisions of the Regulation making reference to the Schedule, by adding
"(1)" after "(Section 4".
Part 5 of
Schedule 4 is amended by striking out "Dipodomys ordii (Ord's
Kangaroo Rat)".
4 Sub-Part 1 of
Part 1 of
Schedule 6 is amended by adding "Dipodomys
ordii (Ord's Kangaroo Rat)" at the end.
5 Schedules 5, 6 and 7 are amended, in the lines at the beginning of each
Schedule specifying the provisions of the Regulation making reference to
the Schedule, by adding "(1)" after "(Section 4".
Alberta Regulation 89/2002
Municipal Government Act
HIGHWAY 14 REGIONAL WATER SERVICES COMMISSION
AMENDMENT REGULATION
Filed: May 15, 2002
Made by the Lieutenant Governor in Council (O.C. 221/2002) on May 15, 2002
pursuant to
section 602.02 of the Municipal Government Act.
1 The Highway 14 Regional Water Services Commission Regulation (AR
154/90) is amended by this Regulation.
Section 2 is amended by adding the following after clause (f):
(
g) the Town of Viking.
------------------------------
Alberta Regulation 90/2002
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: May 15, 2002
Made by the Lieutenant Governor in Council (O.C. 224/2002) on May 15, 2002
pursuant to sections 16, 17 and 18 of the Government Organization Act.
1 The Designation and Transfer of Responsibility Regulation (AR 44/2001)
is amended by this Regulation.
Section 5(3)(c.1) is amended
(
a) by striking out "Act" and substituting "Act, except sections
10(c), 14, and 15";
(
b) by adding the following after subsection (3):
(3.1) The responsibility for sections 10(c), 14 and 15 of the
Provincial Parks Act is transferred to the common responsibility of the
Minister of Community Development and the Minister of Transportation.
Section 8 is amended
(
a) in subsection (1)
(
i) in clause (
f) by striking out "Part 10" and
substituting "Part 8";
(ii) in clause (
g) by striking out "Act" and
substituting "Act, except
Part 6 and sections 159 and 163";
(
b) by adding the following after subsection (3):
(3.1) The responsibility for
Part 6 and sections 159 and 163
of the Water Act is transferred to the common responsibility of the
Minister of the Environment and the Minister of Transportation.
Section 11 is amended
(
a) in subsection (1)(
o) by striking out "Garagemen's" and
substituting "Garage Keepers' ";
(
b) in subsection (2)(
b) by striking out "section 14" and
substituting "sections 2, 3 and 14";
(
c) by adding the following after subsection (5):
(6) The responsibility for the administration of that part of
the public service directly employed in the providing for acquisition of
Government supplies and disposition of Government surplus supplies and for
central delivery and courier services is transferred to the Minister of
Government Services.
(7) The responsibility for the administration of the
unexpended balance of element 3.1.3 of Program 3 of the operating expense
and capital investment supply vote of the 2002-03 Government appropriation
for Infrastructure is transferred to the Minister of Government Services.
(8) The responsibility for the administration of $143,000 of
element 1.0.3 of Program 1 and of $260,000 of element 2.3.1 of Program 2
of the operating expense and capital investment supply vote of the 2002-03
Government appropriation for Infrastructure is transferred to the Minister
of Government Services.
Section 13(1)(
m) is repealed.
Section 14 is amended
(
a) in subsection (2)(
c) by striking out "section 14," and
substituting "sections 1, 2, 3, 4, 5, 12 and 14,";
(
b) by adding the following after subsection (2):
(3) The responsibility for sections 1, 4, 5 and 12 of
Schedule 11
to the Government Organization Act is transferred to the common
responsibility of the Minister of Infrastructure, the Minister of
Government Services and the Minister of Transportation.
------------------------------
Alberta Regulation 91/2002
Government Organization Act
EDMONTON RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: May 15, 2002
Made by the Lieutenant Governor in Council (O.C. 225/2002) on May 15, 2002
pursuant to
Schedule 5,
section 4 of the Government Organization Act.
1 The Edmonton Restricted Development Area Regulations (AR 287/74) are
amended by this Regulation.
2 Item 1 of the Schedule, describing land located in Township 53, Range
25, West of the Fourth Meridian, is amended by striking out
SECTIONS 8 Plan 892 0486 showing survey for descriptive
& 18: purposes of a right-of-way for a
Transportation/Utility Corridor
SECTION 21: Plan 882 2941 showing survey for descriptive purposes of
a right-of-way for a Transportation/Utility Corridor; All that area
northwest of Plan 882 2941 within the northwest quarter of
section 21;
EXCEPTING THEREOUT Plan 982 2241 within the west half of
section 21 and all
that area south of Plan 992 5031.
SECTION 28: Plan 882 1697 showing survey for descriptive purposes of
a right-of-way for a Transportation/Utility Corridor;
Lot 5, Block 3, Plan 812 1338;
Railway Plan 9201 S.;
All that area northeast of Railway Plan 9201
S. being northwest and south of Plan 882 1697 within the southwest quarter
section 28.
SECTION 35: Plans 882 1697 and 882 2071, showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor.
SECTION 36: Plan 882 2071, showing survey for descriptive purposes of
a right-of-way for a Transportation/Utility Corridor.
and substituting
SECTIONS 8 Plan 892 0486 showing survey for descriptive
& 18: purposes of a right-of-way for a
Transportation/Utility Corridor; All that area west of Plan 022 0629, south
of Plan 752 1660 and east of Plan 892 0486 within the northwest quarter of
section 8.
SECTION 21: Plan 882 2941 showing survey for descriptive purposes of
a right-of-way for a Transportation/Utility Corridor; All that area
northwest of Plan 882 2941 within the northwest quarter of
section 21;
EXCEPTING THEREOUT Plan 982 2241 within the west half of
section 21; Plan
012 6184; All that area south of Plan 992 5031.
SECTION 28: Plan 882 1697 showing survey for descriptive purposes of
a right-of-way for a Transportation/Utility Corridor and Plan 022 0636.
SECTION 35: Plans 882 1697 and 882 2071, showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor; Plans 772 1070 and 772 1071 within the northwest quarter of
section 35; EXCEPTING THEREOUT Plan 012 6293.
SECTION 36: Plan 882 2071, showing survey for descriptive purposes of
a right-of-way for a Transportation/Utility Corridor EXCEPTING THEREOUT
Plans 012 6292 and 022 0132.
3 Item 2 of the Schedule, describing land located in Township 54, Range
25, West of the Fourth Meridian, is amended by striking out
SECTION 1:
(1) Plan 882 2071 showing survey for descriptive
purposes of a right-of-way for a Transportation/Utility Corridor within the
south half of
section 1.
(2) Plan 882 1652 showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor within the north half of
section 1.
and substituting
SECTION 1:
(1) Plan 882 2071 showing survey for descriptive
purposes of a right-of-way for a Transportation/Utility Corridor within the
south half of
section 1 and Plan 022 0503.
(2) Plan 882 1652 showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor within the north half of
section 1.
4 Item 5 of the Schedule, describing land located in Township 53, Range
23, West of the Fourth Meridian, is amended by striking out
SECTIONS 20 Plans 892 0981 and 892 0369, showing survey
& 21: for descriptive purposes of a right-of-way
for a Transportation/Utility Corridor.
and substituting
SECTIONS 20 Plans 892 0981 and 892 0369, showing survey
& 21: for descriptive purposes of a right-of-way
for a Transportation/Utility Corridor and Lot B of Plan 992 1889.
5 Item 6 of the Schedule, describing land located in Township 52, Range
25, West of the Fourth Meridian, is amended by striking out
SECTIONS Plan 882 2315 showing survey for descriptive
3, 4 & 9 purposes of a right-of-way for a
Transportation/Utility Corridor, EXCEPTING THEREOUT Plan 002 4559 and Area
B on Plan 002 4731.
and substituting
SECTIONS Plan 882 2315 showing survey for descriptive
3, 4 & 9 purposes of a right-of-way for a
Transportation/Utility Corridor and Plan 022 0486 EXCEPTING THEREOUT Plan
002 4559 and Area B on Plan 002 4731.
6 Item 7 of the Schedule, describing land located in Township 52, Range
23, West of the Fourth Meridian, is amended by striking out
SECTION 5: Plan 892 0406, showing survey for descriptive purposes of
a right-of-way for a Transportation/Utility Corridor.
Reserving thereout of all of the lands herein described, all mines and
minerals.
and substituting
SECTION 5: Plan 892 0406, showing survey for descriptive purposes of
a right-of-way for a Transportation/Utility Corridor; Lot 2 of Plan 012
1042; All that area south of Lot 2 of Plan 012 1042 between C.N.R. Plan 309
E.O. and Plan 892 0406.
Reserving thereout of all of the lands herein described, all mines and
minerals.
7 Item 9 of the Schedule, describing land located in Township 51, Range
24, West of the Fourth Meridian, is amended by striking out
SECTIONS 27 Plan 882 2388 showing survey for descriptive
& 28: purposes of a right-of-way for a
Transportation/Utility Corridor EXCEPTING THEREOUT Plan 932 2712.
SECTIONS 29 Plan 882 2409 showing survey for descriptive
& 30: purposes of a right-of-way for a
Transportation/Utility Corridor; All that area within LSDs 14, 15 and 16 of
section 29; All that area north of Plan 882 2409, including Blocks A and B
of Plan 5306 K.S.; EXCEPTING THEREOUT Plans 4637 E.O., 1136 H.W., 932 1472,
942 1206, Areas B, D and E on Plan 942 3984, and Plan 002 4386.
and substituting
SECTIONS 27 Plan 882 2388 showing survey for descriptive
& 28: purposes of a right-of-way for a
Transportation/Utility Corridor; Area 1 of Plan 012 2043; EXCEPTING
THEREOUT Plan 932 2712.
SECTIONS 29 Plan 882 2409 showing survey for descriptive
& 30: purposes of a right-of-way for a
Transportation/Utility Corridor; All that area within LSDs 14, 15 and 16 of
section 29; All that area north of Plan 882 2409, including Blocks A and B
of Plan 5306 K.S.; Area C of Plan 022 0252; EXCEPTING THEREOUT Plans 4637
E.O., 1136 H.W., 932 1472, 942 1206, Areas B, D and E on Plan 942 3984,
Plan 002 4386; Areas A and B of Plan 022 0252.
SECTION 33 Area A of Plan 012 2310 showing survey for
descriptive purposes of a right-of-way for a Transportation/Utility
Corridor.
------------------------------
Alberta Regulation 92/2002
Government Organization Act
TRANSPORTATION AND UTILITIES GRANTS AMENDMENT REGULATION
Filed: May 15, 2002
Made by the Lieutenant Governor in Council (O.C. 226/2002) on May 15, 2002
pursuant to
section 13 of the Government Organization Act.
1 The Transportation and Utilities Grants Regulation (AR 355/86) is
amended by this Regulation.
Section 1 of
Schedule 10 is amended
(
a) in subsection (3) by striking out "The" and substituting
"Subject to subsection (4), the";
(
b) by adding the following after subsection (3):
(4) Notwithstanding subsection (3), the Minister may, by
order, make a grant under this
section that includes such periods before
the beginning and after the end of each month referred to in that
subsection as the Minister considers appropriate if the Minister considers
that, on account of the limitations of the billing systems of a supplier,
it would be impracticable or financially disadvantageous to apply that
subsection strictly and that no steps were taken by any person (other than
by making an application for the grant) that were designed to attract the
relief under this subsection.
Alberta Regulation 93/2002
Marketing of Agricultural Products Act
ALBERTA MILK PLEBISCITE REGULATION
Filed: May 15, 2002
Made by the Alberta Agricultural Products Marketing Council on May 9, 2002
pursuant to sections 13 and 16 of the Marketing of Agricultural Products
Act.
Table of Contents
Definitions 1
Council to conduct plebiscite 2
Basic criteria for a plebiscite 3
Registration with the Council 4
Holding of plebiscite 5
Eligible voters 6
Returning officer 7
Duties of returning officer 8
Non-receipt of ballot, etc. 9
Requirement to observe the rules 10
Receipt of ballots by returning officer 11
Ballot count 12
Report of results 13
Recount 14
Destruction of ballots 15
Direction of returning officer 16
Substantial compliance 17
Expiry 18
Schedule
Definitions
1 In this Regulation,
(a) "ballot" means a ballot referred to in Form 3 of the Schedule;
(b) "ballot envelope" means a ballot envelope referred to in Form 4
of the Schedule;
(c) "Board" means the Dairy Board as defined in the Dairy Board
Act;
(d) "contracted export milk" means contracted export milk as
defined in the Dairy Board Regulation (AR 207/96);
(e) "Council" means the Alberta Agricultural Products Marketing
Council;
(f) "eligible producer" means a person who is eligible to vote in
the plebiscite;
(g) "identification envelope" means an identification envelope
referred to in Form 5 of the Schedule;
(h) "licensed producer" means a producer who holds a Canadian Dairy
Commission registration number, is licensed by the Board and produces milk
from the Bos taurus species of animal;
(i) "Plan" means the proposed Alberta Milk Plan referred to in
section 3 of the proposed Alberta Milk Plan Regulation;
(j) "plebiscite" means a plebiscite referred to in
section 3;
(k) "producer" means a producer as defined in the Plan;
(l) "regulated product" means raw milk and farm-separated cream
produced under fluid quota, market share quota or contracted export milk;
(m) "relevant date" means May 1, 2002.
Council to conduct plebiscite
2 The Council must, subject to this Regulation, conduct a plebiscite of
the licensed producers to determine whether the licensed producers are in
favour of the proposed Alberta Milk Plan Regulation.
Basic criteria for a plebiscite
3 For the purposes of conducting a plebiscite,
(
a) a person must be a licensed producer on the relevant date,
(
b) a sufficient number of eligible producers is not less than 25%
of the eligible producers who are registered by the Canadian Dairy
Commission in Alberta on the relevant date, and
(
c) a sufficient portion of the regulated product on the relevant
date is not less than 25% of the total amount of the regulated product that
was capable of being marketed as fluid milk quota allocated by the Board
and market share quota allocated by the Board as of the relevant date.
Registration with the Council
4(1) For the purposes of the plebiscite, an eligible producer has
voluntarily registered with the Council if the returning officer has
received from the eligible producer not later than 3:00 p.m. on June 17,
2002 a signed identification envelope containing a ballot envelope.
(2) Notwithstanding subsection (1), an eligible producer is not registered
pursuant to subsection (1) if that eligible producer's identification
envelope is rejected under this Regulation.
Holding of plebiscite
5(1) If
(
a) a sufficient number of eligible producers as prescribed under
section 3(
b) have registered with the Council under
section 4, and
(
b) those eligible producers who have registered with the Council
under
section 4 were collectively capable of marketing a sufficient portion
of the regulated product as prescribed under
section 3(c),
the Council shall be considered to have caused a plebiscite to have been
held and the returning officer must, subject to this Regulation, count the
ballots cast in the plebiscite.
(2) A ballot is cast in the plebiscite by an eligible producer if the
returning officer has, not later than 3:00 p.m. on June 17, 2002, received
from the eligible producer a signed identification envelope containing a
ballot envelope.
(3) Notwithstanding subsection (2), a ballot has not been cast if the
identification envelope in which the ballot is contained is rejected under
this Regulation.
(4) If
(
a) a sufficient number of eligible producers as prescribed under
section 3(
b) have not registered with the Council under
section 4, or
(
b) a sufficient number of eligible producers as prescribed under
section 3(
b) have registered with the Council under
section 4 but those
eligible producers are collectively not capable of marketing a sufficient
portion of the regulated product as prescribed under
section 3(c),
the plebiscite shall be considered not to have been held and the returning
officer shall not count the ballots.
Eligible voters
6(1) A licensed producer who is an eligible producer may vote in the
plebiscite.
(2) An eligible producer may vote only once in the plebiscite.
(3) Subject to subsection (4), only an individual may vote in the
plebiscite.
(4) For the purposes of the plebiscite, only one individual may vote as
the representative of a partnership, corporation or other recognized
business unit by the returning officer.
(5) For the purposes of the plebiscite, a person may vote only once even
though that person may hold more than one Canadian Dairy Commission
registration number or more than one Board licence and may produce any
combination of the fluid quota milk, market share quota milk or contracted
export milk.
Returning officer
7 The returning officer is a person so designated by the Council.
Duties of returning officer
8 The duties of the returning officer are
(
a) to arrange for the printing of ballots, ballot envelopes and
identification envelopes as set out in the Schedule;
(
b) to obtain from the Board a complete list of names, addresses,
Canadian Dairy Commission registration numbers, and fluid quota and market
share quota numbers of the licensed producers;
(
c) to obtain from the Board a complete list of names, addresses,
Canadian Dairy Commission registration numbers of licensed producers who
have not been allocated fluid or market share quota by the Board, but were
capable of producing contracted export milk on the relevant date;
(
d) when satisfied as to the accuracy and completeness of the list
obtained under clauses (
b) and (c), to adopt the list as the voters list of
eligible producers;
(
e) to cause to be mailed, not later than May 17, 2002, to every
person on the voters list the following:
(
i) the proposed Alberta Milk Plan Regulation;
(ii) the letter of explanation as set out in Form 1 of
the Schedule;
(iii) the voting procedure as set out in Form 2 of the
Schedule;
(iv) the ballot as set out in Form 3 of the Schedule;
(
v) the ballot envelope and the identification envelope
as set out in Form 4 and Form 5 of the Schedule;
(
f) to investigate the name of any person on the voters list in the
event of any objection as to the eligibility of any voter, if the objection
is made in writing and received by the returning officer not later than
June 3, 2002;
(
g) to strike off from the voters list the name of any person who
the returning officer considers, after reasonable investigation, is not
eligible to vote and to so notify that person.
Non-receipt of ballot, etc.
9(1) If a person
(
a) is on the voters list but has not received a ballot from the
returning officer or has lost the ballot, and
(
b) desires to exercise the right to vote,
that person may apply to the returning officer not later than 4:30 p.m. on
June 3, 2002 for a ballot.
(2) If a person makes an application under subsection (1), the returning
officer may supply a ballot to that person if the returning officer is
satisfied that the person
(
a) does not have a ballot but is entitled to vote in the
plebiscite, and
(
b) has not previously voted in the plebiscite.
Requirement to observe the rules
10 A person shall not vote unless that person complies with the
requirements of this Regulation and observes the voting procedures set out
in the Schedule.
Receipt of ballots by returning officer
11(1) On receiving an identification envelope, the returning officer must
reject the identification envelope if
(
a) the identification envelope has not been
(
i) completed appropriately,
(ii) signed by the eligible producer, or
(iii) completed with appropriate producer identification,
(
b) the identification envelope has been tampered with.
(2) If an identification envelope is not rejected under subsection (1),
the returning officer must
(
a) place the identification envelope in the voting system for
verification by the returning officer, and
(
b) remove the ballot envelope from the identification envelope and
insert the ballot envelope into the voting box without putting any
identification mark on the ballot envelope.
Ballot count
12(1) After all ballot envelopes have been placed in the voting box under
section 11(2), the returning officer must, after 3:00 p.m. on June 17,
2002, open the voting box and count the ballots contained in the box in the
presence of at least 2 other persons.
(2) The returning officer must reject any ballot
(
a) that is received after 3:00 p.m. on June 17, 2002,
(
b) that has not been supplied by the returning officer, or
(
c) that, in the opinion of the returning officer, does not clearly
indicate the voter's choice.
Report of results
13(1) The returning officer must report the results of the vote to the
Minister of Agriculture, Food and Rural Development, the Council and the
Board.
(2) The returning officer must publish a news release reporting the
results of the vote as soon as practical after the counting of the ballots
and post on the Internet at www.agric.gov.ab.ca/dairygovernance.
Recount
14(1) Any eligible producer who is on the voters list may apply in writing
to the returning officer for a recount.
(2) An application for a recount must be made to the returning officer
within 7 days from the day that the returning officer posts the results of
the plebiscite on the Internet at www.agric.gov.ab.ca/dairygovernance.
(3) If a recount is to be conducted
(
a) the recount must be conducted by the returning officer on or
before June 27, 2002, and
(
b) the producer who requested the recount may be present at the
recount.
Destruction of ballots
15 The returning officer must destroy all ballots on or after 30 days
from the day that the returning officer posts the results of the plebiscite
unless otherwise directed by a court or the Council.
Direction of returning officer
16 The returning officer may, at any time, and from time to time, issue
any further directions and take any other actions as may, in the opinion of
the returning officer, be necessary for the proper conduct of the
plebiscite.
Substantial compliance
17 A proceeding that is in substantial compliance with this Regulation is
not open to objection on the ground that it is not in strict compliance
with this Regulation.
Expiry
18 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 August 31, 2002.
SCHEDULE
FORM 1
LETTER OF EXPLANATION
To: Alberta Milk Producers
Subject: Plebiscite on the proposed Alberta Milk Plan Regulation.
In accordance with the provisions of the Marketing of Agricultural Products
Act, the Alberta Agricultural Marketing Council is conducting a vote of
milk producers to determine if producers are in favour of the proposed
Alberta Milk Plan Regulation.
In order to be entitled to vote in this plebiscite, you must be an
"eligible producer". An "eligible producer" is a producer who holds a
Canadian Dairy Commission registration number, is licensed by the Dairy
Board, produces milk from dairy cows and was capable of producing fluid
quota milk, market share quota milk or contracted export milk on May 1,
The returning officer is not authorized to count the ballots unless the 2
following criteria have been met:
(
a) at least 25% of all eligible producer have registered with the
Alberta Agricultural Products Marketing Council (the Marketing Council) for
the purpose of voting in the plebiscite;
(
b) those eligible producers who have registered with the Marketing
Council for the purposes of voting in the plebiscite are capable of
marketing at least 25% of the total amount of fluid quota milk and market
share quota milk on May 1, 2002.
An eligible producer is considered to have registered with the Marketing
Council for the purpose of voting in the plebiscite if the returning
officer has received from that producer not later than 3:00 p.m. on June
17, 2002 a properly completed and signed identification envelope containing
a ballot envelope.
For the purpose of voting in the plebiscite, please find enclosed the
following:
(1) the proposed Alberta Milk Plan Regulation
(2) Outline of Voting Procedure
(3) Self-addressed Identification Envelope
(4) Ballot Envelope
(5) Ballot
Please read the enclosed material very carefully. If you have any
questions regarding the procedure to be followed, contact either
(
a) the returning officer, Cliff Downey, FB Consultants Inc.,
Edmonton, at (780)435-5231, or
(
b) the Marketing Council at (780) 427-2164 or through the
Government RITE line 310-0000 at 427-2164.
Please note that ballots must be received by the returning officer not
later than 3:00 p.m. on June 17, 2002. To ensure that your ballot is
received prior to the deadline, please return it as soon as possible.
The results of the vote will be posted on the Internet at
www.agric.gov.ab.ca/dairygovernance.
Returning Officer
FORM 2
OUTLINE OF VOTING PROCEDURE
(1) Every voter shall mark "X" in the appropriate space to indicate the
voter's preference of whether that voter favours the proposed Alberta Milk
Plan Regulation.
(
a) If you are in favour of the proposed Alberta Milk Plan
Regulation, you should indicate with an "X" on the "Yes" line
example
Ballot
(Mark "X" to show your preference)
As a producer, I am in favour of the Alberta Milk Plan Regulation:
Yes X
(
b) If you are not in favour of the proposed Alberta Milk Plan
Regulation, you should indicate with an "X" on the "No" line
example
Ballot
(Mark "X" to show your preference)
As a producer, I am in favour of the Alberta Milk Plan Regulation:
Yes
No X
(2) Every marked ballot must be placed in the enveloped marked "Ballot
Envelope" and then the Ballot Envelope must be sealed. Do not write
anything whatsoever on the Ballot Envelope.
(3) Every sealed Ballot Envelope must be inserted in the Identification
Envelope and addressed to the returning officer.
The Identification Envelope must be marked with the voter's name, producer
number, must be signed by the eligible producer and should be posted
immediately.
Only ballots received by the returning officer not later than 3:00 p.m. on
June 17, 2002 will be accepted.
FORM 3
BALLOT
Ballot
(Mark "X" to show your preference)
As a producer, I am in favour of the Alberta Milk Plan Regulation:
Yes
FORM 4
BALLOT ENVELOPE
Ballot
Envelope
FORM 5
IDENTIFICATION ENVELOPE
Producer Number:
Producer Name:
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