Alberta Gazette — 15 February (ii)
0215 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, FEBRUARY 15, 1997
Alberta Regulation 19/97
Government Organization Act
SERVICE CHARGES AT PROVINCIAL
AIRPORTS REPEAL REGULATION
Filed: January 20, 1997
Made by the Minister of Transportation and Utilities (M.O. 96-5) pursuant
section 5 of
Schedule 14 of the Government Organization Act.
1 The Service Charges at Provincial Airports Regulation (Alta. Reg.
391/87) is repealed.
------------------------------
Alberta Regulation 20/97
Mines and Minerals Act
PRESCRIBED AMOUNT (NATURAL GAS ROYALTY)
AMENDMENT REGULATION
Filed: January 20, 1997
Made by the Branch Head, Gas Royalty and Mineral Tax (M.O. 1/97) pursuant
section 6 of the Natural Gas Royalty Regulation, 1994 (AR 351/93).
1 The Prescribed Amounts (Natural Gas Royalty) Regulation (AR 36/95) is
amended by this Regulation.
2 The following is added after
section 3:
3.1 The following are prescribed for 1997:
(
a) the new gas select price is $1.184 per gigajoule;
(
b) the old gas select price is $0.352 per gigajoule;
(
c) the select price for pentanes plus is $42.81 per
cubic metre;
(
d) the royalty factor for new pentanes plus is 35;
(
e) the royalty factor for old pentanes plus is 50.
3.2 The following are prescribed for 1996:
(
a) the new gas select price is $1.153 per gigajoule;
(
b) the old gas select price is $0.347 per gigajoule;
(
c) the select price for pentanes plus is $42.25 per
cubic metre;
(
d) the royalty factor for new pentanes plus is 35;
(
e) the royalty factor for old pentanes plus is
Section 4 is amended by adding the following after subsection (23):
(24) The following prices are prescribed for the November 1996
production month:
Item Price
Gas Reference Price $1.79 per gigajoule
Gas Par Price $1.28 per gigajoule
Pentanes Reference Price $196.80 per cubic metre
Pentanes Par Price $204.91 per cubic metre
Propane Reference Price $181.01 per cubic metre
Butanes Reference Price $148.13 per cubic metre
Section 5 is amended by adding the following after subsection (23):
(24) The following allowances per cubic metre are prescribed for
the November 1996 production month:
Item Price
Fractionation Allowance $7.00
Transportation Allowance Region Region Region Region
1 2 3 4
(
a) pentanes plus described in s6(7)(b)(
i) of the Natural Gas
Royalty Regulation, 1994 (AR 351/93)
$4.34 $5.62 $8.92 $8.11
(
b) propane and butanes described in s6(7)(b)(ii) of the Natural
Gas Royalty Regulation, 1994 (AR 351/93)
$6.49 $6.04 $4.86 $2.04
(
c) pentanes plus, propane and butanes described in s6(7)(b)(iii)
of the Natural Gas Royalty Regulation, 1994 (AR 351/93)
$6.74 $8.23 $13.59 $13.88
Storage Allowance for pentanes plus, propane and butanes
$ 0.00
------------------------------
Alberta Regulation 21/97
Marketing of Agricultural Products Act
TURKEY MARKETING AMENDMENT REGULATION
Filed: January 27, 1997
Made by the Alberta Turkey Growers Marketing Board pursuant to sections 26
and 27 of the Marketing of Agricultural Products Act.
1 The Turkey Marketing Regulation (AR 397/88) is amended by this
Regulation.
2 The following provisions are amended by striking out "4%" wherever it
occurs and substituting "6%":
section 13(8);
section 14(6);
section 15.1(4)(
a) and (c).
------------------------------
Alberta Regulation 22/97
Financial Administration Act
INDEMNITY AUTHORIZATION REGULATION
Filed: January 29, 1997
Made by the Lieutenant Governor in Council (O.C. 40/97) pursuant to
section
74 of the Financial Administration Act.
Definition
1 In this Regulation, "Officer" means a person referred to in
section 2.
Authority
2 The Crown is authorized to indemnify any person who is or was appointed
under
an Act as an Officer of the Legislature and that person's heirs and
legal representatives.
Indemnifica-tion
3 The Crown, to the extent that each Officer is not otherwise
indemnified, indemnifies each Officer against all costs, charges and
expenses, including amounts paid to settle actions or satisfy judgments,
reasonably incurred by the Officer in respect of civil, criminal or
administrative actions or proceedings, to which the Officer is made a party
by reason of holding or having held that office if the Officer acted
honestly and in good faith with a view to the best interests of the public,
complies with the
Schedule and, in the case of a criminal or administrative
action or proceeding enforceable by a monetary penalty, had reasonable
grounds for believing that the Officer's conduct was lawful.
SCHEDULE
1 Each indemnified person shall comply with the following terms and
conditions except, in the case of a criminal action or proceeding or an
administrative action or proceeding that is enforced by a monetary penalty:
(
a) to the extent the person has a right of action against another
person, whether for damages or indemnification or otherwise, the person
shall assign that right to the Crown and subrogate the Crown to that right
to the extent of the amounts paid by the Crown or for which the Crown is
liable;
(
b) any barrister and solicitor who acts for the person shall be
approved for that purpose by the Minister of Justice and Attorney General;
(
c) the person shall promptly give the Minister of Justice and
Attorney General written notice, with all available particulars, of the
action or proceeding and of all claims made in it;
(
d) the person shall promptly forward to the Minister of Justice
and Attorney General all documents, including letters, advices and writs,
received by him from or on behalf of a claimant in respect of the action or
proceeding;
(
e) the person shall not voluntarily assume any liability in
respect of or settle the action or proceeding except at the person's own
cost;
(
f) the person shall not interfere in any way in the action or
proceeding or any negotiations for settlement of it;
(
g) the person shall, whenever requested by the Crown, aid in
securing information and evidence and the attendance of any witness and
co-operate with the Crown, except in a pecuniary way, in the defense of the
action or proceeding and any appeal;
(
h) if the Crown is not also a party to the action or proceeding,
the person shall consent to any order or leave that may be applied for by
the Crown to be added as a party or to be allowed to make representations
on its own behalf without being a party.
------------------------------
Alberta Regulation 23/97
Public Sector Pension Plans Act
SPECIAL FORCES PENSION PLAN AMENDMENT REGULATION
Filed: January 29, 1997
Made by the Lieutenant Governor in Council (O.C. 42/97) pursuant to
Schedule 4,
section 4 of the Public Sector Pension Plans Act.
1 The Special Forces Pension Plan (AR 369/93) is amended by this
Regulation.
Section 2(1)(ll) is amended
(
a) by adding "and includes acting pay (that is, pay at a higher
level or extra pay for the performance on a temporary basis of duties at a
higher level than the duties referred to in subclause (i)) which the
employer treats as salary under the employer's established salary policy
for pension purposes," before "but";
(
b) by adding "(other than such acting pay)" after "similar
compensation".
Alberta Regulation 24/97
Environmental Protection and Enhancement Act
PESTICIDE SALES, HANDLING, USE AND
APPLICATION REGULATION
Filed: January 29, 1997
Made by the Lieutenant Governor in Council (O.C. 45/97) pursuant to
sections 82 and 159 of the Environmental Protection and Enhancement Act.
Table of Contents
Definitions 1
Application of other laws 2
Exemption for research and testing 3
Exempted pesticides 4
Prohibition - adverse effect 5
Use of containers 6
Crossing through water 7
Water precautions 8
Aerial application 9
Use, application and handling of pesticide 10
Term of applicator certificate 11
Use of assistant 12
Label applicator designation 13
Insurance 14
Term of service registration 15
Fumigants and suspensions in air 16
Requirements re registered pesticides 17
Dispensers 18
Term of vendor registrations 19
Restrictions on sale 20
Notice at time of sale 21
Emergency response equipment 22
Storage of pesticides 23
Display of pesticides 24
Display or sell 25
Transportation of pesticides 26
Mixing and loading pesticides 27
Disposal of non-refillable containers 28
Disposal of other containers, seed 29
Refillable containers 30
Cancelled registered pesticides 31
Disposal of pesticide rinsate 32
Offences 33
Due diligence defence 34
Repeals
Repeal 35
Coming into Force
Coming into force 36
Definitions
1 In this Regulation,
(a) "acreage" means cultivated land that is not located in
residential, commercial or industrial areas within the boundaries of a
city, town, village, specialized municipality, summer village or hamlet;
(b) "Act" means the Environmental Protection and Enhancement Act;
(c) "active ingredient" means the component of a pesticide
formulation, also known as the technical product or guarantee, that is
responsible for killing or modifying the actions of a pest;
(d) "agricultural production" means the primary production of an
agricultural, horticultural or arboricultural commodity, including
greenhouse production, for financial gain;
(e) "air gap" means a space between the end of a water delivery
hose or line and the water or other solution in a holding or spray tank;
(f) "antimicrobial pesticide" means any product that is used for
the control of bacteria, fungi, viruses or other microbes in or on
inanimate objects, and includes anti-fouling paints, hard-surface
disinfectants, laundry additives, material preservatives, sanitizers,
slimicides and swimming pool algicides and bactericides, but does not
include wood preservatives;
(g) "applicator" means the holder of the appropriate class of
applicator certificate;
(h) "applicator certificate" means a certificate of qualification
referred to in
section 3 of the Pesticide (Ministerial) Regulation;
(i) "assistant" means a person who is not an applicator but who
uses or applies a pesticide under the supervision of an applicator;
(j) "backflow prevention device" means a device that prevents the
reverse flow of water drawn from a water supply into a hose back into the
water supply;
(k) "bed and shore" means land that is or has been covered by water
to the extent that
(
i) no vegetation grows on the land, or
(ii) the vegetation that grows on the land is aquatic
vegetation that must be partially submerged in water for part of its life
cycle to survive;
(l) "code" means the three letter code used by federal authorities
responsible for the Pest Control Products Act (Canada) to identify active
ingredients;
(m) "commercial agriculturalist" means a person who is engaged in
agricultural production, but does not include a person who
(
i) sells a pesticide or transfers a pesticide for
sale,
(ii) uses or applies a pesticide for hire or reward, or
(iii) stores a pesticide to be sold, transferred, used or
applied for reward;
(n) "container collection site" means a site for the collection of
pesticide containers for a temporary period of time and that meets the
design and location requirements of the Director;
(o) "cross through an open body of water" means navigating on or
through an open body of water, but does not include crossing over the water
by means of a bridge or by air;
(p) "Director" means the person designated by Ministerial order as
Director for the purposes of this Regulation;
(q) "dispenser" means a person who holds a valid dispenser
certificate issued by a college or other training institution to a person
18 years of age or older, who has completed a training course recognized by
the Director;
(r) "display a pesticide" means to keep a pesticide for sale in an
area accessible to the public;
(s) "fertilizer" has the same meaning as in the Fertilizers Act
(Canada);
(t) "fish toxicant" means a pesticide that is used for the
management or control of fish;
(u) "food" means any commodity, including a beverage, that is used
for human or livestock consumption, but does not include groceries;
(v) "forest" means an area that is in forest cover in the Green
Area;
(w) "formulant" means any ingredient or component that by itself is
not responsible for the control of a pest, and includes, but is not limited
to, solvents, diluents and emulsifiers;
(x) "formulation" means the active ingredient that is mixed with
formulants and is registered under a unique number pursuant to the Pest
Control Products Act (Canada);
(y) "fumigant" means any pesticide listed as a fumigant in
Schedule
(z) "fumigation" means the use or application of a fumigant or a
suspension in air;
(aa) "Green Area" means that part of Alberta shown outlined and
coloured green on the map annexed to
(
i) a Ministerial Order dated April 15, 1989 and made
pursuant to
section 10 of the Public Lands Act, as that order is amended
from time to time, or
(ii) any order made in substitution for the order
referred to in subclause (i), as amended from time to time;
(bb) "greenhouse" means a greenhouse having an area of at least 100
square metres;
(cc) "groceries" means
(
i) fresh or frozen meat,
(ii) fresh or frozen produce,
(iii) fresh dairy products,
(iv) unwrapped baked goods, and
(
v) other items for human consumption that are packaged
at the same premises at which they are displayed, stored or kept for sale;
(dd) "grounds" means the land that surrounds a building and is used
for the same purposes that the building is used for;
(ee) "hire or reward" means compensation through the exchange of
money, commodities or services, but does not include the exchange of
agricultural production services among commercial agriculturalists;
(ff) "hobby greenhouse" means a greenhouse having an area of less
than 100 square metres;
(gg) "holding tank" means any vessel, other than a pesticide
container or a pesticide spray tank, that is used to hold a pesticide
concentrate or pesticide solution prior to application;
(hh) "hose-end sprayer" means an apparatus that contains a pesticide
concentrate or solution attached to a water source by a hose so that the
pesticide is mixed with water and released as water flows through the
apparatus;
(ii) "loading" means the process of placing a pesticide concentrate
into a holding, mixing or spray tank;
(jj) "mixing" means the act of diluting a pesticide to create or
alter a pesticide solution;
(kk) "mixing and loading site" means any location used for mixing
and loading pesticides;
(ll) "open body of water" means the bed and shore of an irrigation
canal, drainage canal, reservoir, river, stream, creek, lake, marsh or
other body of water, but does not include the following:
(
i) waterworks systems;
(ii) reservoirs, lakes, marshes or other bodies of water
that are completely surrounded by private land, that have an area of less
than 4 hectares and have no outflow of water beyond the private land;
(iii) reservoirs, lakes, marshes or other bodies of water
that are located on public land, that have an area of less than 0.4
hectares, and have no outflow of water;
(iv) irrigation and drainage canals that are completely
surrounded by private land and have no outflow beyond the private land;
(
v) roadside ditches;
(vi) wastewater systems;
(vii) storm drainage systems;
(viii) dry streams having a bed and shore averaging
0.5 metres or less in width within the boundaries of the treatment area;
(mm) "personal use items" means
(
i) prescription and non-prescription drugs,
(ii) first aid supplies,
(iii) feminine hygiene products,
(iv) disposable diapers and incontinent products,
(
v) personal grooming products, and
(vi) health care supplies;
(nn) "pesticide" means a pesticide as defined in the Act, but does
not include a pest control product or device that is designated by a "ZZA,
ZZB, ZZD, ZZE, ZZG, ZZP or ZZZ" code and does not contain an active
ingredient;
(oo) "pesticide concentrate" means a pesticide product or
formulation that is either used full strength or requires dilution with
water or any other diluent;
(pp) "pesticide rinsate" means a pesticide and water solution
resulting from spray tank washing, spray tank or spray line flushing, or
from pesticide container rinsing;
(qq) "pesticide service registration" means a pesticide service
registration referred to in
section 8 of the Pesticide (Ministerial)
Regulation;
(rr) "pesticide solution" means a mixture of water or any other
diluent and pesticide that has been prepared according to label directions;
(ss) "private land" means land that is not public land;
(tt) "public land" means land owned by the Government, the
not include such land that is leased for grazing or agricultural purposes;
(uu) "refillable container" means a pesticide container that has
been specifically designed and approved by the manufacturer for re-filling
with the same pesticide that originally was sold in the container;
(vv) "registrant" means the person in whose name a certificate of
registration is issued under the Pest Control Products Act (Canada) or the
Fertilizers Act (Canada);
(ww) "research or testing" means the evaluation of a pesticide to
support a new label use or application rate, or to modify an existing label
use;
(xx) "researcher" means a person qualified to perform pesticide
research or testing and is employed by
(
i) a university or other institution of research or
testing,
(ii) the Government or a Government agency or the
(iii) a registrant or the registrant's agent;
(yy) "residential area" means any area of land that has been
subdivided for residential purposes where any individual land parcel within
the subdivision is less than 20 acres, excluding individual farmsteads;
(zz) "retail vendor registration" means a retail vendor registration
referred to in
section 14(2) of the Pesticide (Ministerial) Regulation;
(aaa) "road" means a highway or road that the public is ordinarily
permitted to use for the passage or parking of vehicles, but does not
include a privately owned road;
(bbb) "Schedule 1, 2, 3, 4 or 5" means
Schedule 1, 2, 3, 4 or 5 of
the Pesticide (Ministerial) Regulation;
(ccc) "sell at retail" means to transfer a pesticide or to sell or
offer to sell a pesticide to a purchaser for the purpose of use and not for
resale;
(ddd) "sell at wholesale" means to transfer a pesticide or to sell or
offer to sell a pesticide, other than at retail, and includes the operation
of a storage facility;
(eee) "spray tank" means a vessel used to hold a pesticide
concentrate or solution for the purpose of using or applying the pesticide;
(fff) "storage facility" means a place where pesticides are stored,
including, without limitation, a building, a room, a cabinet, a storage
tank, a compound or a compartment in a building or a vehicle;
(ggg) "storage site" means the grounds on which a storage facility is
located;
(hhh) "suspension in air" means a pesticide that is listed as a
suspension in air in
Schedule 1;
(iii) "transfer" means to move a pesticide from one location to
another or from one person to another as part of the distribution rather
than the sale of the pesticide;
(jjj) "vertebrate toxicant" means a pesticide used to control
vertebrate animals but does not include fish toxicants;
(kkk) "watering point" means a watering point as defined in
section
1(1)(
n) of the Potable Water Regulation;
(lll) "wholesale vendor registration" means a wholesale vendor
registration referred to in
section 14(1) of the Pesticide (Ministerial)
Regulation;
(mmm) "wood preservative" means any pesticide registered under the
Pest Control Products Act (Canada) whose label use patterns indicate that
the pesticide is to be used for the preservation and protection of wood or
wood products, but does not include a pesticide that is used to protect cut
logs against wood-boring insects;
(nnn) "woodland" means any area of trees but does not include the
following:
(
i) a forest;
(ii) a tree nursery;
(iii) a farm shelterbelt;
(iv) an orchard;
(
v) an area of trees that is smaller than 4 hectares in
size, is completely surrounded by private land and is separated from trees
on adjoining land;
(vi) a seed orchard;
(vii) a progeny test site.
Application of other laws
2(1) The requirements of this Regulation are in addition to any
applicable provisions of the Fertilizers Act (Canada) and the Pest Control
Products Act (Canada) and the regulations under those Acts.
(2) If there is a conflict between the requirements of this Regulation and
any applicable provision of the Fertilizers Act (Canada) and the Pest
Control Products Act (Canada) and the regulations under those Acts, the
most stringent requirement prevails.
Exemption for research and testing
3 Subject to
section 9 of the Pesticide (Ministerial) Regulation, and
sections 2 and 5 of this Regulation,
section 156 of the Act does not apply
to a researcher who is conducting research or testing in accordance with
the Pest Control Products Act (Canada).
Exempted pesticides
4 Pesticides listed in
Schedule 4 are exempt from
(
a) the application of
Part 8, Division 2 of the Act, except
section 156, and
(
b) this Regulation, except sections 2, 5, 6, 13, 17, 29, 31, 32,
33 and 34.
Prohibition - adverse effect
5(1) No person shall
(
a) use, apply, supply, handle, transport, display, store or
dispose of
(
i) a pesticide, or a container used to hold a
pesticide,
(ii) seed that has been treated or mixed with a
pesticide, or
(iii) wood that has been treated with a pesticide,
(
b) operate any machine, equipment or vehicle, aircraft or vessel
in connection with the use, application, handling, transportation, storage
or disposal of a pesticide
in a manner or at a time or place that causes or is likely to cause an
adverse effect.
(2) For the purposes of subsection (1), "adverse effect" does not include
an effect that results from the application of a pesticide on an intended
application site in a manner that conforms with the label, this Regulation
and the Pesticide (Ministerial) Regulation.
Use of containers
6(1) No person shall
(
a) sell or offer to sell a pesticide in a container other than the
container in which the pesticide was originally stored or offered for sale
after its manufacture, or
(
b) possess a pesticide in a container other than the container in
which the pesticide was originally stored or offered for sale after its
manufacture.
(2) Subsection (1)(
b) does not apply
(
a) to storing or keeping pesticides in holding or spray tanks, or
(
b) where the container in which a pesticide was originally stored
or offered for sale after its manufacture is damaged and the pesticide is
moved to a temporary container to prevent spillage.
(3) Where subsection (2)(
b) applies, the person responsible for the
pesticide shall ensure that the product label from the pesticide or a copy
of it is securely attached to the temporary container.
Crossing through water
cross through an open body of water with any equipment used to hold, mix or
apply a pesticide unless
(
a) pesticide concentrate is confined within a secured, leakproof
secondary container,
(
b) containers of pesticide solutions are securely attached to the
vehicle or vessel,
(
c) spray booms, spray equipment and the surface of the sprayer
decks are kept above the water, and
(
d) crossing points have a solid bottom and water shallow enough to
allow easy passage for the equipment, where the equipment is or is carried
by something other than a boat.
Water precautions
draw or pump water from an open body of water directly into an aircraft,
vessel, vehicle, machine, equipment or container used to hold, mix or apply
a pesticide unless
(
a) where the spray tank is filled from the top,
(
i) an air gap is maintained between the water supply
outlet and the aircraft, vessel, vehicle, machine, equipment or containers,
and
(ii) a person 16 years of age or older is present at all
times during the filling procedure,
and
(
b) where the spray tank is filled at a location other than the
top, an operating system is in place to prevent backflow or back-siphonage
from the spray tank.
(2) No person shall draw or pump water from a watering point directly into
an aircraft, vessel, vehicle, machine, equipment or container used to hold,
mix or apply a pesticide unless
(
a) an air gap is maintained between the watering point and the
aircraft, vessel, vehicle, machine, equipment or container,
(
b) a person over the age of 16 is present at all times during the
filling procedure, and
(
c) the owner of the watering point consents to the operation.
(3) No person shall draw water from a tap in a residential, commercial or
industrial building into a hose-end sprayer unless the sprayer is equipped
with a back-flow prevention device that is operational.
Aerial application
9(1) No person shall apply a pesticide by aircraft over an open body of
water, woodland or residential area unless the label for the pesticide
specifically authorizes aerial application over the open body of water,
woodland or residential area for a particular pest.
(2) Where a pesticide label is silent respecting aerial applications or it
is unclear whether the pesticide label specifically authorizes aerial
application over open bodies of water, woodlands or residential areas for a
particular pest, a person conducting an aerial application must request a
determination from the Director and the Director's determination is final.
(3) No person shall apply a pesticide for forest management by any
application method unless the pesticide and application method are
authorized by the latest edition of the Environmental Code of Practice for
Pesticides published by the Department.
Use, application and handling of pesticide
10 No applicator shall use, apply or handle a pesticide other than in
accordance with the latest edition of the Environmental Code of Practice
for Pesticides published by the Department.
Term of applicator certificate
11(1) Unless the Director prescribes a shorter period of time, an
applicator certificate expires 5 years after the date of issue.
(2) The Director may issue an applicator certificate for a shorter period
where the Director considers it appropriate to do so.
Use of assistant
12 An applicator who employs or otherwise uses the services of a person
to assist the applicator in applying or mixing pesticides must ensure that
the assistant is qualified, trained and supervised in accordance with the
latest edition of the Environmental Code of Practice for Pesticides
published by the Department.
Label applicator designation
13 Where a pesticide label that conforms to the requirements of the Pest
Control Products Act (Canada) specifies that the pesticide must only be
applied by an authorized applicator, certified applicator, approved
applicator or pest control operator or contains any similar restriction, no
person other than the following shall apply the pesticide:
(
a) an applicator;
(
b) a commercial agriculturalist who has successfully completed a
training course recognized by the Director in the use and application of
pesticides;
(
c) a public officer applying the pesticide under the authority of
the Agricultural Pests Act, the Bee Act, the Public Health Act or the Weed
Control Act;
(
d) a designated employee of the Government applying fish toxicants
or vertebrate toxicants as part of a program of the Government.
Insurance
14(1) An applicant for or holder of a pesticide service registration
must carry insurance for himself and his employees in accordance with the
latest edition of the Environmental Code of Practice for Pesticides
published by the Department.
(2) If the insurance expires or is cancelled, the registration in respect
of which the insurance was required under subsection (1) is automatically
cancelled.
Term of service registration
15(1) Unless the Director prescribes a shorter period of time, a pesticide
service registration expires 10 years after its date of issue.
(2) The Director may issue a pesticide service registration for a shorter
period if the Director considers it appropriate to do so.
Fumigants and suspensions in air
16(1) In this section, "adjacent structure" means every structure that has
a common floor, ceiling or wall with the structure where the fumigation is
to be performed.
(2) No person shall conduct a pesticide fumigation unless
(
a) the area to be fumigated and any adjacent structures are
unoccupied and secured against entry until fumigation and ventilation have
been completed,
(
b) warning signs have been posted at all entrances to the area
being fumigated,
(c) 2 persons 18 years of age or older are present while the
fumigation is being conducted,
(
d) the occupants of any structure where the fumigation may
constitute a potential adverse effect have been notified in accordance with
the latest edition of the Environmental Code of Practice for Pesticides
published by the Department, and
(
e) the fumigation is conducted in accordance with the latest
edition of Environmental Code of Practice for Pesticides published by the
Department.
Requirements re registered pesticides
17(1) No registrant or his agent shall supply or offer to supply a
pesticide listed in
Schedule 1 or 2, unless the registrant or the
registrant's agent has previously given written notice to the Director that
includes
(
a) a copy of the pesticide label,
(
b) a material safety data sheet for the pesticide,
(
c) an analytical standard and method of analysis for active
ingredients, and
(
d) any additional information the Director may require.
(2) A registrant or the registrant's agent must forward to the Director
within 30 days of the date of a written request from the Director a list of
all persons that supply any of the registrant's pesticides listed in
Schedule 1, 2, 3 or 4 in Alberta.
(3) All persons who sell pesticides at wholesale must forward to the
Director within 30 days of the date of a written request from the Director
a list of all persons who sell at retail pesticides supplied by the
wholesaler.
(4) Where a registrant, a person who sells at wholesale or a person who
sells at retail is supplying or offering to supply a pesticide and that
person is unclear whether the pesticide is listed in
Schedule 1, 2, 3 or
4, that person must treat the pesticide as if it were listed in the more
restrictive category for that class of pesticide and request a decision
from the Director.
(5) The Director's decision under subsection (4) is final.
(6) A registrant or the registrant's agent must, within the time
prescribed by the Director in a written request to the registrant, collect
at a container collection site, or at any other site designated by the
Director, any containers that contained any pesticide listed in
Schedule 1
or 2 that was manufactured or supplied by the registrant and
(
a) take the containers to a facility designated by the Director to
recycle the containers, or
(
b) in the absence of a designated facility, dispose of the
containers in a manner acceptable to the Director.
Dispensers
18 No person shall sell at retail a pesticide listed in
Schedule 1, 2 or
3 unless that person employs at least one dispenser at each sales outlet.
Term of vendor registrations
19(1) Unless the Director prescribes a shorter period of time, a
wholesale vendor registration and a retail vendor registration expire 10
years after the date of issue.
(2) The Director may issue a wholesale vendor registration or a retail
vendor registration for a shorter period if the Director considers it
appropriate to do so.
Restrictions on sale
20(1) No person shall sell at wholesale
(
a) a pesticide listed in
Schedule 1 or 2 to any person unless that
person is the holder of
(
i) a wholesale vendor registration, or
(ii) a retail vendor registration and employs a
dispenser,
(
b) a pesticide listed in
Schedule 3 to any person unless that
person
(
i) is the holder of a wholesale vendor registration,
(ii) sells at retail and employs a dispenser.
(2) No person shall sell at retail
(
a) a pesticide listed in
Schedule 1 or 2 to any person unless that
person
(
i) holds a pesticide service registration,
(ii) is an applicator,
(iii) is a commercial agriculturalist, or
(iv) is a person purchasing a pesticide for acreage or
hobby greenhouse use where the pesticide is authorized for acreage or hobby
greenhouse use as defined by the latest edition of the Environmental Code
of Practice for Pesticides published by the Department,
(
b) cyanide to any person unless that person is a beekeeper
registered under the Bee Act.
Notice at time of sale
21 A person who sells a pesticide listed in
Schedule 1 or 2 must, at the
time of the sale, provide the purchaser with any information required to be
given in respect of the pesticide in accordance with the latest edition of
the Environmental Code of Practice for Pesticides published by the
Department.
Emergency response equipment
22 Any person who sells, displays, stores, uses or applies a pesticide
listed in
Schedule 1, 2 or 3 must make emergency response equipment
available in accordance with the latest edition of the Environmental Code
of Practice for Pesticides published by the Department.
Storage of pesticides
23(1) No person shall store groceries in a storage facility where a
pesticide listed in
Schedule 1, 2 or 3 is stored.
(2) No person shall store food or personal use items in a storage facility
where a pesticide listed in
Schedule 1 or 2 is stored.
(3) No person shall store a pesticide on a site that is subject to
flooding caused by a 24-hour, 1-in-25-year storm.
(4) A person who stores a pesticide listed in
Schedule 1 or 2 shall comply
with the following requirements:
(
a) the storage facility is secure from public access;
(
b) a warning sign is affixed to the exterior door, entrance or
gate of the storage facility;
(
c) floor drains leading directly or indirectly into a wastewater
system, storm drainage system, waterworks system or other potable water
source, groundwater or an open body of water are protected from a release
of a pesticide;
(
d) releases of pesticide concentrate can be contained within the
boundaries of the storage site;
(
e) the floor or base of the storage facility is protected from
pesticide absorption;
(
f) open containers or packages of pesticide are closed or
repackaged in a manner that controls the release of odours and vapours;
(
g) material safety data sheets and emergency telephone numbers
are available for all pesticides stored and accessible at the storage
facility;
(
h) persons responsible for the pesticide storage facility are
knowledgeable of spill clean-up and fire response procedures;
(
i) pesticides are protected from rain, wind and other weather
hazards.
(5) Subsections (3) and (4) do not apply to an individual storing
pesticides for personal use on property that the individual owns.
Display of pesticides
24 No person shall
(
a) display a pesticide listed in
Schedule 1 or 2, or
(
b) store or display a pesticide listed in
Schedule 3
(
i) in the same aisle as food or personal use items,
(ii) closer than a distance of 3 metres from food or
personal use items,
(iii) where floor drains cannot be protected from the
release of a pesticide, or
(iv) that is not protected from rain, wind and other
weather hazards.
Display or sell
25 No person shall display or sell a pesticide listed in
Schedule 1, 2
or 3 in the same premises where groceries are sold.
Transportation of pesticides
26(1) No person shall transport groceries in the same vehicle with a
pesticide listed in
Schedule 1, 2 or 3 or a container that contains or
contained such a pesticide.
(2) A person who transports a container that contains or contained a
pesticide must do so in a manner that ensures that the pesticide does not
come into contact with any food.
(3) Subsections (1) and (2) do not apply to the transportation of a
pesticide or container by an individual for that individual's personal use.
Mixing and loading pesticides
27(1) No person shall establish or use a mixing and loading site unless
the site is located and maintained so as to
(
a) contain the release of a pesticide, and
(
b) prevent pesticides from entering a wastewater system, storm
drainage system, waterworks system, watering point, groundwater or open
body of water.
(2) An applicator must locate and operate a mixing and loading site in
accordance with the latest edition of the Environmental Code of Practice
for Pesticides published by the Department.
Disposal of non-refillable containers
28 No person shall dispose of a non-refillable plastic or metal container
that held a pesticide listed in
Schedule 1 or 2 except
(
a) at a container collection site, or
(
b) in a manner authorized by the Director.
Disposal of other containers, seed
29(1) A person disposing of
(
a) paper, glass, cardboard material or a bag that contained
pesticide listed in
Schedule 1 or 2 or that held a container that contained
such a pesticide, or
(
b) a container that contained a pesticide listed in Schedules 3 or
must do so in a Class II landfill as defined in
section 1(
j) of the Waste
Control Regulation (AR 192/96) unless otherwise authorized by the Director.
(2) No person shall dispose of seed or grain that has been treated or
mixed with a pesticide except
(
a) in a Class II landfill as defined in
section 1(
j) of the Waste
Control Regulation (AR 192/96) and with the prior authorization of the
landfill operator, or
(
b) in a manner acceptable to the Director.
(3) The operator of a landfill referred to in subsection (2) must ensure
that seed disposed of under subsection (2) is covered immediately.
Refillable containers
30(1) A person who sells a pesticide listed in
Schedule 1 or 2 in
refillable containers must accept the container back that held the
pesticide from the person who purchased the container and must re-use or
refill the container in accordance with the registrant's recommendations,
unless the container is damaged or adulterated and can no longer be re-used
or refilled.
(2) A person who is in possession of a damaged or adulterated refillable
container referred to in subsection (1) must dispose of it in a manner
acceptable to the Director and the registrant.
Cancelled registered pesticides
31(1) No person shall use, apply, display or sell a pesticide where the
pesticide registration has been cancelled.
(2) Where a pesticide registration has been cancelled, the registrant
must, in a manner acceptable to the Director,
(
a) collect or accept back pesticides supplied by the registrant,
and
(
b) dispose of all such pesticides in the registrant's possession.
(3) Where a pesticide registration has been cancelled and the registrant
has ceased to operate, the last registrant that acquired the registration
of the pesticide before the pesticide became cancelled must comply with the
requirements of subsection (2).
(4) For the purposes of this
section a pesticide registration is cancelled
when it has been cancelled under the Pest Control Products Act (Canada) or
the pesticide is no longer eligible for registration under that Act.
Disposal of pesticide rinsate
32(1) No person shall dispose of pesticide rinsate or pesticide solution
except in accordance with the latest edition of the Environmental Code of
Practice for Pesticides published by the Department.
(2) No person shall dispose of pesticide concentrate that is a hazardous
waste as described in
Schedule 1 except in accordance with the Waste
Control Regulation (AR 192/96).
Offences
33 A person who contravenes
(
a) section 5, 6(1) or (3), 7, 8, 9, 10, 12, 13, 14, 16(2), 17(1),
(2), (3), (4) or (6), 18, 20, 21, 22, 23(1), (2), (3), or (4), 24, 25,
26(1) or (2), 27, 28, 29, 30, 31 or 32, or
(
b) section 11, 12, 17, 18 or 19 of the Pesticide (Ministerial)
Regulation
is guilty of an offence and liable,
(
c) in the case of an individual, to a fine of not more than $50
000, or
(
d) in the case of a corporation, to a fine of not more than $500
Due diligence defence
34 A person may not be convicted of an offence under this Regulation if
that person establishes on a balance of probabilities that the person took
all reasonable steps to prevent its commission.
Repeals
Repeal
35 The Pesticide Sales, Handling, Use and Application Regulation (AR
126/93) is repealed.
Coming into Force
Coming into force
36 This Regulation comes into force on February 7, 1997.
Alberta Regulation 25/97
Provincial Parks Act
FORT ASSINIBOINE SANDHILLS WILDLAND
PROVINCIAL PARK REGULATION
Filed: January 29, 1997
Made by the Lieutenant Governor in Council (O.C. 47/97) pursuant to
section
7 of the Provincial Parks Act.
1 The lands described in the
Schedule are designated as a provincial park
to be known as the Fort Assiniboine Sandhills Wildland Provincial Park.
SCHEDULE
LANDS COMPRISING THE FORT ASSINIBOINE
SANDHILLS WILDLAND PROVINCIAL PARK
FIRSTLY:
All those parcels or tracts of land, situate, lying and being in the
sixty-second (62) township, in the fourth (4) range, west of the fifth
(5) meridian, in the Province of Alberta, Canada, and being composed of:
Sections nineteen (19), twenty-nine (29), thirty (30), thirty-one (31) and
thirty-two (32), the north west quarter of
section seventeen (17), the
north half of
section eighteen (18), the north half and south west quarter
of
section twenty (20), the north west quarter of
section twenty-one (21),
the west half of
section twenty-eight (28), the south west quarter of
section thirty-three (33), all those portions of the north west quarter of
section fifteen (15), the north east quarters of sections sixteen (16) and
the said
section seventeen (17), the south east quarter of the said
section
twenty (20), the south half and north east quarter of the said
section
twenty-one (21), the west half of
section twenty-two (22), the north west
quarter of
section twenty-seven (27), the east half of the said
section
twenty-eight (28) and the south east quarter of
section thirty-four (34)
which lie generally to the north and west of the left bank of the Athabasca
River and all islands lying within the said Athabasca River in the said
township, containing two thousand three hundred sixty-nine and four hundred
thirty-eight thousandths (2,369.438) hectares (5,854.80 acres), more or
less.
SECONDLY:
All those parcels or tracts of land, situate, lying and being in the
sixty-second (62) township, in the fifth (5) range, west of the fifth
(5) meridian, in the Province of Alberta, Canada, and being composed of:
The north half of
section thirteen (13), sections fourteen (14), fifteen
(15), sixteen (16), twenty-one (21), twenty-two (22), twenty-three (23),
twenty-four (24), twenty-five (25), twenty-six (26), twenty-seven (27),
twenty-eight (28), the north half of
section thirty-five (35),
section
thirty-six (36), all those portions of the north half of
section eleven
(11), the north west quarter of
section twelve (12) and the south half of
the said
section thirteen (13) which lie generally to the north and west of
the northwesterly limit of a surveyed roadway, as shown upon a plan of
survey of record in the Land Titles Office at Edmonton for the North
Alberta Land Registration District as No. 4204 P.X. and all that portion of
Island No. 2 of the said township, containing three thousand four hundred
forty-one and four hundred eighty-eight thousandths (3,441.488) hectares
(8,503.80 acres), more or less.
Saving And Excepting:
Fourteen and sixty-three thousandths (14.063) hectares (34.75 acres),
more or less, required for a surveyed roadway, as shown upon a plan of
survey of record in the said Land Titles Offices as No. 12 E.O.
THIRDLY:
All those parcels or tracts of land, situate, lying and being in the
sixty-third (63) township, in the fourth (4) range, west of the fifth
(5) meridian, in the Province of Alberta, Canada, and being composed of:
Sections four (4), five (5) and six (6), the south east quarter of
section
eight (8),
section nine (9), all that portion of the west half of
section
three (3) which lies generally to the west of the left bank of the said
Athabasca River, all that portion of
section ten (10) which lies generally
to the north of the left bank of the said Athabasca River and to the south
west of the southwesterly limit of a surveyed roadway, as shown upon a plan
of survey of record in the said Land Titles Office as No. 3346 P.X., all
those portions of the south half and north west quarter of
section eleven
(11) which lie generally to the east and west of the left bank of the said
Athabasca River and to the south west of the said southwesterly limit of
the said surveyed roadway No. 3346 P.X., all those portions of the east
half of
section seven (7) and the north half and south west quarter of the
said
section eight (8) which lie generally to the south of the southerly
limit of the most northerly portion of a surveyed roadway, as shown upon a
plan of survey of record in the said Land Titles Office as No. 2926 P.X.
and all that portion of the south west quarter of the said
section eleven
(11) of the said township comprising an island in the said Athabasca River,
containing one thousand five hundred ninety-three and nine hundred eleven
thousandths (1,593.911) hectares (3,938.50 acres), more or less.
Saving and Excepting:
(1) Five and seven hundred thirty-one thousandths (5.731) hectares
(14.16 acres), more or less, required for a surveyed roadway, as shown upon
the said plan No. 2926 P.X.
(2) Seven hundred four thousandths (0.704) of a hectare (1.74
acres), more or less, required for a surveyed roadway, as shown upon a plan
of survey of record in the said Land Titles Office as No. 852 0497.
FOURTHLY:
All that parcel or tract of land, situate, lying and being in the
sixty-third (63) township, in the fifth (5) range, west of the fifth
(5) meridian, in the Province of Alberta, Canada, and being composed of:
The south half of
section one (1) of the said township, containing one
hundred thirty-one and one hundred twenty-three thousandths
(131.123) hectares (324.00 acres), more or less.
FIFTHLY:
All those portions of the north west quarter of
section twenty-six (26) and
section twenty-seven (27) which lie generally to the north, east and west
of the left bank of the said Athabasca River, all those portions of
sections thirty-three (33), thirty-four (34) and the south west quarter of
section thirty-five (35) which lie generally to the north, east and west of
the left bank of the said Athabasca River and to the south and west of the
right bank of a river channel and all those portions of the east half of
the said
section thirty-four (34) and the said south west quarter of
section thirty-five (35) in township sixty-one (61), range five (5), west
of the fifth (5) meridian, which lie generally to the north and east of the
left bank of the said river channel and Islands No. 1 and 2 of the said
township and all that portion of the south west quarter of
section three
(3) of the said township sixty-two (62), range five (5), west of the fifth
(5) meridian, which lies generally to the south of the right bank of the
said river channel, containing three hundred eighty-seven and five hundred
forty-one thousandths (387.541) hectares (957.60 acres), more or less.
The lands herein described contain seven thousand nine hundred three and
two thousandths (7,903.002) hectares (19,528.05 acres), more or less.
Alberta Regulation 26/97
Wilderness Areas, Ecological Reserves
and Natural Areas Act
NATURAL AREAS AMENDMENT REGULATION
Filed: January 29, 1997
Made by the Lieutenant Governor in Council (O.C. 48/97) pursuant to
section
12.1 of the Wilderness Areas, Ecological Reserves and Natural Areas Act.
1 The Natural Areas Regulation (Alta. Reg. 47/85) is amended by this
Regulation.
Section 1.01 is amended by adding the following after clause (vvv):
(www) the area described in
Schedule 75 is designated as the "Vega
Natural Area".
3 The following is added after
Schedule 74:
SCHEDULE 75
VEGA NATURAL AREA
All those parcels or tracts of land, situate, lying and being in
Township 62, Range 4, West of the 5th Meridian, in the Province of Alberta
and being composed of:
All those portions of the north half and south east quarter of
section 34 of the said township which lie generally to the east of the
right bank of the Athabasca River and to the west of the westerly limit of
a surveyed roadway, as shown on a plan of survey of record in the Land
Titles Office at Edmonton for the North Alberta Land Registration District
as No. 2672 M.C., containing eighty and seven hundred forty-two thousandths
(80.742) hectares (199.51 acres), more or less.
Alberta Regulation 27/97
Wilderness Areas, Ecological Reserves
and Natural Areas Act
NATURAL AREAS AMENDMENT REGULATION
Filed: January 29, 1997
Made by the Lieutenant Governor in Council (O.C. 49/97) pursuant to
section
12.1 of the Wilderness Areas, Ecological Reserves and Natural Areas Act.
1 The Natural Areas Regulation (AR 47/85) is amended by this Regulation.
Section 1.01 is amended by adding the following after clause (www):
(xxx) the area described in
Schedule 76 is designated as the "Prairie
Coulees Natural Area".
3 The following is added after
Schedule 75:
SCHEDULE 76
PRAIRIE COULEES NATURAL AREA
FIRSTLY:
All that parcel or tract of land, situate, lying and being in Township 16,
Range 3, West of the 4th Meridian, in the Province of Alberta, Canada, and
being composed of:
The north half of
section 31 of the said township, containing one hundred
twenty-nine and five hundred four thousandths (129.504) hectares (320.00
acres), more or less.
SECONDLY:
All that parcel or tract of land, situate, lying and being in Township 16,
Range 4, West of the 4th Meridian, in the Province of Alberta, Canada, and
being composed of:
The east half of the north east quarter of
section 36 of the said township,
containing thirty-two and three hundred seventy-six thousandths
(32.376) hectares (80.00 acres), more or less.
THIRDLY:
All those parcels or tracts of land, situate, lying and being in Township
17, Range 3, West of the 4th Meridian, in the Province of Alberta, Canada,
and being composed of:
Sections 5, 6 and 17, the south half of the south west quarter of
section
7, the west half of
section 16, the west half of the south east quarter of
section 19, the south east quarter and the south half of the north east
quarter of
section 32 and all those portions of the east half of the said
section 7, the north half and south east quarter of
section 18, the south
west quarter of the said
section 19, the south east quarter of
section 31
and the west half and legal subdivision 15 of the said
section thirty-two
(32) of the said township, lying generally to the south and east of the
right bank of the South Saskatchewan River, containing one thousand four
hundred thirty-seven and eight hundred ninety-nine thousandths (1,437.899)
hectares (3,553.00 acres), more or less.
Saving and excepting:
Eight hundred one thousandths (0.801) of a hectare (1.98 acres), more or
less, required for a water pipeline right-of-way, as shown upon a plan of
record in the Department of Environmental Protection at Edmonton as No.
6711 T.
FOURTHLY:
All that parcel or tract of land, situate, lying and being in Township 17,
Range 4, West of the 4th Meridian, in the Province of Alberta, Canada, and
being composed of:
The east half of the east half of
section 1 of the said township,
containing sixty-four and seven hundred fifty-two thousandths
(64.752) hectares (160.00 acres), more or less.
FIFTHLY:
All those parcels or tracts of land, situate, lying and being in Township
18, Range 3, West of the 4th Meridian, in the Province of Alberta, Canada,
and being composed of:
Legal subdivisions 9 and 15 and all those portions of legal subdivision 10,
the south east quarter and the north west quarter of
section 5 of the said
township, lying generally to the east of the right bank of the said South
Saskatchewan River, containing one hundred twenty-three and seven hundred
ninety-eight thousandths (123.798) hectares (305.90 acres), more or less.
The lands herein described contain one thousand seven hundred eighty-seven
and five hundred twenty-eight thousandths (1,787.528) hectares (4,416.92
acres), more or less.
Alberta Regulation 28/97
Seniors Benefit Act
GENERAL AMENDMENT REGULATION
Filed: January 29, 1997
Made by the Lieutenant Governor in Council (O.C. 51/97) pursuant to
section
6 of the Seniors Benefit Act.
1 The General Regulation (AR 213/94) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) in clause (
d) by striking out "married or";
(ii) by repealing clauses (e.1) and (e.2);
(iii) by repealing clause (h);
(iv) by adding the following after clause (i):
(i.1) "senior couple" means a couple where
one or both individuals are seniors;
(
v) in clause (
j) by striking out "married or";
(vi) by repealing clause (l);
(
b) by adding the following after subsection (1):
(1.1) For the purposes of subsection (1)(
f) the income for
calculating benefits for a senior couple is the total of the individuals'
incomes for calculating benefits.
Section 2(2) is repealed and the following is substituted:
(2) The applicant must advise the Minister as soon as possible of
any change in the applicant's marital status, residence, income for
calculating benefits or Federal Old Age Security pension eligibility
status.
(3) If the applicant has a cohabitant, the cohabitant must advise
the Minister as soon as possible of any change in the cohabitant's
residence, income for calculating benefits or Federal Old Age Security
pension eligibility status.
Section 3 is amended
(
a) in subsection (1)
(
i) in clause (
b) by striking out "90 days" and
substituting "3 months";
(ii) by repealing clause (
d) and substituting the
following:
(
d) is a Canadian citizen or has been
lawfully admitted to Canada for permanent residence,
(d.1) is eligible, or has a cohabitant who is
eligible, for the Federal Old Age Security pension, and
(
b) by repealing subsection (2) and substituting the following:
(2) An individual who meets all of the requirements of
subsection (1), except for clause (d.1), is eligible for the accommodation
assistance portion of the benefit.
(
c) in subsection (4)
(
i) by striking out the words preceding clause (
a) and
substituting the following:
An individual is not eligible for the accommodation
assistance portion of the benefit if
(ii) in clause (
b) by striking out "who is not a
cohabitant";
(iii) in clause (
e) by striking out "an aboriginal
senior" and substituting "a status Indian".
Section 6 is amended
(
a) in subsection (1) by striking out "but one annual payment shall
be made if the annual benefit is $120 or less per senior";
(
b) by repealing subsection (2) and substituting the following:
(2) If a final benefit instalment or monthly benefit amount is
less than $10, a payment of $10 shall be made.
Section 7 is amended
(
a) by repealing subsection (1) and substituting the following:
Payments
7(1) A senior who is eligible to receive a benefit is eligible
to receive the benefit
(
a) in the month following the senior's 65th birthday,
where the birthday occurs before January 1, 1997, or
(
b) in the month of the senior's 65th birthday, where
the birthday occurs on or after January 1, 1997.
(
b) in subsection (3) by striking out "month following the
applicant's 65th birthday" and substituting "appropriate month determined
under subsection (1)";
(
c) in subsection (4) by striking out "that" and substituting
"after";
(
d) in subsection (6) by striking out "that" and substituting
"after".
Section 8.1 is repealed and the following is substituted:
Additional amount
8.1(1) An applicant who
(
a) meets the requirements of
section 3(1)(a), (b), (
d) and (e),
(
b) is not disqualified from receiving a benefit under
section 3(3), and
(
c) has an income for calculating benefits of
(i) $20 825 or less in the case of a single
senior, and
(ii) $32 650 or less, in the case of a
senior couple,
is eligible for a discontinuous special needs component of a benefit
if the applicant demonstrates serious financial problems that affect the
applicant's ability to meet personal non-discretionary necessities of life.
(2) The maximum amount that a single senior or senior couple may
receive under this
section is $5000 in each year regardless of the number
of claims in the year.
Section 8.2 is amended by renumbering it as
section 8.2(1) and by
adding the following after subsection (1):
(2) Notwithstanding
section 8.1, the Minister may pay a grant of up
to a maximum of $5000 in each year to an applicant who is a single senior
who
(
a) meets the requirements of
section 3(1)(a), (b), (
d) and (e),
(
b) has one or more dependants, and
(
c) in the opinion of the Minister, is unable to meet
the necessities of life.
Section 10 is repealed and the following is substituted:
Recovery of benefits
10(1) If a person has received a benefit under the Act for which the
person was not eligible and if that person is or subsequently becomes a
beneficiary, the amount of that money may be deducted from any benefit
payable to that person under the Act in the manner, in the amounts and at
the times determined by the Minister.
(2) If a senior couple receives separate benefit payments, any
amounts to be deducted under this
section shall be included in the benefit
calculations and may be deducted in equal amounts from each person's
payment.
Section 11 is repealed and the following is substituted:
Information sharing
11 The Minister shall provide to the Minister of Health information
that is relevant for the purposes of the administration of the Health
Insurance Premiums Act as it relates to the Seniors Benefit Act and this
Regulation.
11 The
Schedule is amended
(
a) by repealing
section 1;
(
b) by repealing
section 2 and substituting the following:
2 A benefit under
section 3 of this Regulation consists of an
annual cash benefit, which may have an income supplement component, an
accommodation assistance component, or both.
(
c) by repealing
section 3(1) and substituting the following:
3(1) The annual cash benefit component is based on
(
a) the applicant's marital status,
(
b) the applicant's accommodation status, and
(
c) the income for calculating benefits of the
applicant or the individuals in a senior couple, as the case may be,
reduced by the applicable percentage set out in Column 2 of
Part 1 of the
Table and the maximum annual cash benefit set out in Column 3 of
Part 1 of
the Table.
(
d) by repealing sections 4, 5, 6(2) and 8;
(
e) in
section 9(1) by striking out "two-senior couple" and
substituting "senior couple";
(
f) by repealing
section 9(2) and (3);
(
g) by repealing the TABLE and substituting the following TABLE:
TABLE
CALCULATION OF THE CASH BENEFIT
Part 1
Accommodation and Marital Category
Percentage
Maximum Annual Cash Benefit
Homeowner
Single senior
Senior couple
13.62%
16.89%
$1800
$2950
Regular Renter
Single senior
Senior couple
17.78%
20.04%
$2350
$3500
Mobile Home
Owner/Renter
Single senior
Senior couple
16.27%
18.89%
$2150
$3300
All Other
Accommodation
Single senior
Senior couple
10.36%
15.68%
$1370
$2740
Part 2
Accommodation Assistance Only (Seniors not eligible for OAS)
Percentage of Benefit
(as calculated above)
Single senior
Senior couple
Homeowner
Regular renter
Mobile home
owner/renter
36.11%
51.06%
46.51%
22.03%
34.29%
30.30%
------------------------------
Alberta Regulation 29/97
Mines and Minerals Act
PRESCRIBED AMOUNTS (PETROLEUM ROYALTY)
AMENDMENT REGULATION
Filed: January 31, 1997
Made by the Deputy Minister of Energy (M.O. 2/97) pursuant to
section 1.1
of the Petroleum Royalty Regulation (AR 248/90).
1 The Prescribed Amounts (Petroleum Royalty) Regulation (AR 47/93) is
amended by this Regulation.
Section 52 is amended by adding the following after clause (d):
(d.1) the new oil par price is $191.22 per cubic metre;
3 The following is added after
section 52:
53 The following are prescribed for the month of March, 1997:
(
a) the old non-heavy oil par price is $204.83 per
cubic metre;
(
b) the old heavy oil par price is $168.83 per cubic
metre;
(
c) the new non-heavy oil par price is $204.83 per
cubic metre;
(
d) the new heavy oil par price is $168.83 per cubic
metre;
(
e) the third tier non-heavy oil par price is $204.83
per cubic metre;
(
f) the third tier heavy oil par price is $168.83 per
cubic metre;
(
g) the old non-heavy oil royalty factor is 3.058046;
(
h) the old heavy oil royalty factor is 3.157490;
(
i) the new non-heavy oil royalty factor is 3.220667;
(
j) the new heavy oil royalty factor is 2.859547;
(
k) the third tier non-heavy oil royalty factor is
3.255227;
(
l) the third tier heavy oil royalty factor is
3.305354;
(
m) the old non-heavy oil select price is $26.36 per
cubic metre;
(
n) the old heavy oil select price is $26.36 per cubic
metre;
(
o) the new non-heavy oil select price is $83.99 per
cubic metre;
(
p) the new heavy oil select price is $56.65 per cubic
metre;
(
q) the third tier non-heavy oil select price is
$120.55 per cubic metre;
(
r) the third tier heavy oil select price is $120.55
per cubic metre;
(
s) the adjustment factor for old non-heavy oil is
1.047000;
(
t) the adjustment factor for old heavy oil is
1.047000.