Alberta Enterprise Corporation Regulation (Alta. Reg. 202/2008)

Alta. Reg. 202/2008

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 202/2008 With amendments up to and including Alberta Regulation 145/2026 Current as of June 25, 2026 ALBERTA ENTERPRISE CORPORATION ACT ALBERTA ENTERPRISE CORPORATION REGULATION

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 145/2026) ALBERTA REGULATION 202/2008 Alberta Enterprise Corporation Act ALBERTA ENTERPRISE CORPORATION REGULATION Table of Contents 1

Definitions 2 Investments 2.1 Reports respecting investments 3 Disqualification of directors 4 Borrowing 5 Indemnities 6 Subsidiaries 7 Expiry 8 Coming into force

Definitions 1 In this Regulation, (a) “Act” means the Alberta Enterprise Corporation Act; (b) “Alberta-based compa ny” means a corporation (

i) registered to conduct business in Alberta, and (ii) that has a permanent establishment, as defined in the Alberta Corporate Tax Act, in Alberta. AR 202/2008 s1;145/2026 Investments 2 The Corporation may make only the following investments: (

a) an investment in a venture capital fund if the Corporation makes the investment as a limited partner in a limited partnership; (

b) an investment in an Alberta-based company if (

i) the Corporation determines that the investment would reasonably be expected to generate financial returns for the Corporation,

Section 2.1 AR 202/2008 ALBERTA ENTERPRISE CORPORATION REGULATION 2 (ii) the investment will cause the Corporation to have a minority interest in the Alberta-based company, (iii) the investment will be ma de after, or at the same time that, a venture capital fund, another entity or a partnership makes an investment in the Alberta-based company that is material, and (iv) the venture capital fund, other entity or partnership has proven and demonstrable experience and expertise in making investments.

AR 202/2008 s2;145/2026 Reports respecting investments 2.1 The Corporation must, in the form and manner and at a frequency determined by the Minister, submit to the Minister a report respecting investments under

section 2(b), including respecting (

a) investments the Corporation is considering making under

section 2(b), (

b) investments made under

section 2(

b) during the period to which the report pertains, (

c) investments made under

section 2(

b) that the Corporation exited during the period to which the report pertains, and (

d) the aggregate portfolio ‑level performance of investments made under

section 2(b). AR 145/2026 s2 Disqualification of directors 3(1) A director is disqualified if the director (

a) becomes a represented adult as defined in the Adult Guardianship and Trusteeship Act or the subject of a certificate of incapacity under the Public Trustee Act, (

b) becomes a formal patient as defined in the Mental Health Act, (

c) is found to be a person of unsound mind by a court elsewhere than in Alberta, (

d) becomes a bankrupt in Canada or a person having a status equivalent to bankrupt in any other jurisdiction, (

e) is convicted

Section 4 AR 202/2008 ALBERTA ENTERPRISE CORPORATION REGULATION 3 (

i) of an indictable offence or of an offence of a similar nature in another jurisdiction, or has been convicted of such an offence within the immediately preceding 5 years, or (ii) of an offence under the Bank Act (Canada) or the Loan and Trust Corporations Act, the Credit Union Act, the Insurance Act or the Securities Act, or an equivalent law of another jurisdiction, (

f) becomes an individual who is an employee of, or who is an employee of an agent of, the Crown, (

g) becomes a Member of the Legislative Assembly of Alberta, or (

h) is found, after being appointed, to have been (

i) less than 18 years of age at the time of the appointment, (ii) a person described in any of clauses (a), (b), (c), (

d) or (

f) at the time of the appointment, (iii) convicted of an offence referred to in clause (e)(

i) within the 5 years immediately preceding the appointment, or (iv) convicted of an offence referred to in clause (e)(ii) at any time preceding the appointment.

(2) An act of the board or a committee of the board is valid notwithstanding that a director may have been disqualified under this section. AR 202/2008 s3;168/2010 Borrowing 4 Subject to the Financial Administration Act, the Corporation may, if authorized by a resolution of the board, borrow money (

a) by credit card, if the money is required for operating purposes in the ordinary course of the Corporation’s business, or (

b) by another means or for another purpose, with the prior written authorization of the Minister.

Section 5 AR 202/2008 ALBERTA ENTERPRISE CORPORATION REGULATION 4 Indemnities 5(1) The Corporation may indemnify a person under

section 7(1) of the Act if the indemnity (

a) is in writing, (

b) is authorized by a resolution of the board, and (

c) provides that it applies only to the extent that the person is not otherwise indemnified.

(2) An indemnity referred to in subsection (1) may contain additional terms and conditions required by the Corporation.

(3) Subject to subsections (4) and (5), the Corporation may provide an indemnity under

section 7(2) of the Act if the indemnity is in writing, is authorized by a resolution of the board and (

a) is ancillary and incidental to the business purpose of an agreement involving the Corporation and that agreement is of a kind where no liability under the indemnity is likely to arise in the normal course of the performance of the agreement if the agreement is properly performed, or (

b) is an indemnity against losses that may be incurred by a financial institution resulting from a loan to a receiver, liquidator, bankruptcy trustee, administrator or other person acting in a similar capacity who is appointed by the Corporation.

(4) The Corporation may give indemnities only as a limited partner in respect of an obligation of the limited partnership, and shall not give any indemnity that requires or could require the Corporation to individually indemnify any person.

(5) The Corporation may give an indemnity only if all indemnification that may become payable under it is to be paid from the assets of the limited partnership. Subsidiaries 6 The Act and this Regulation apply to any subsidiaries of the Corporation. Expiry 7 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 June 25, 2033. AR 202/2008 s7;48/2014;22/2015;235/2021;145/2026

Section 8 AR 202/2008 ALBERTA ENTERPRISE CORPORATION REGULATION 5 Coming into force 8 This Regulation comes into force on the coming into force of the Alberta Enterprise Corporation Act.

Printed on Recycled Paper *9780779863556*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 202/2008
Type	regulation
Volume / chapter	2008 202
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	6c969aa70e8fb4bf54dd674ad048214dd1ffb884

Source file is stored in the law ingest library (pdf).