Alberta Regulation 10/99

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 9/99) pursuant to

Schedule

section 4 of the Public Sector Pension Plans Act.

1 The Local Authorities Pension Plan (AR 366/93) is amended by this

Regulation.

Section 29(1)(

b) is repealed and the following is substituted:

(b) "highest average salary" means, subject to this section, the

average remuneration resulting from the application of subclause (

i) or of

subclauses (

i) and (ii) combined, as the case may be:

(

i) a person's annual salaries in the 5 or, if less

than 5, the total number of consecutive years (whether before or after or

partly before and partly after the beginning of 1992) of the following

service over which the average of his salaries was the highest, namely

(

A) his pensionable service for which

current service contributions were paid,

(

B) any further service that would be

pensionable service referred to in paragraph (

A) but only for its exceeding

the 35-year aggregate limit referred to in

section 20(1), and

(

C) any service transferred into the Plan

under a reciprocal agreement and performed with a party to a reciprocal

agreement;

(ii) if the person has not accumulated 5 such

consecutive years, then, in respect of other service not taken into account

for the purposes of subclause (i), the higher of

(

A) the annual remuneration on

which the contributions paid to establish that other service as pensionable

service were based under

section 16(1)(

c) of the former Act or

section 26,

and

(

B) the annual remuneration

implicit in the salary basis used in determining the actuarial reserve

value, excluding salary growth assumptions, paid to establish the service

as pensionable service under the relevant portions of

section 20(1)(

d) of

these plan rules;

Section 36(3) is amended

(

a) by repealing clause (

a) and substituting the following:

(a) 1.4% of the whole of the person's highest average

salary if it does not exceed, or of that part of it that does not exceed,

the annual average of the year's maximum pensionable earnings for the

period of, or periods aggregating, 5 years over or in respect of which that

highest average salary is determined, multiplied by the number of years of

his pensionable service occurring after 1965 and before 1992, and

(

b) in clause (

b) by striking out "those 5 consecutive years" and

substituting "that period of, or those periods aggregating, 5 years,".

4 The following is added after

section 36(3):

(3.1) For the purposes of subsection (3), where there are 2 or more

periods or combinations of periods producing the same highest average

salary, the year's maximum pensionable earnings are to be averaged over the

period or periods that produce the highest possible pension.

Section 47(3) is amended

(

a) by repealing clause (

a) and substituting the following:

(a) 1.4% of the whole of the person's highest average

salary if it does not exceed, or of that part of it that does not exceed,

the annual average of the year's maximum pensionable earnings for the

period of, or periods aggregating, 5 years over or in respect of which that

highest average salary is determined, multiplied by the number of years of

his pensionable service, and

(

b) in clause (

b) by striking out "those 5 consecutive years" and

substituting "that period of, or those periods aggregating, 5 years,".

6 The following is added after

section 47(3):

(3.1) Section 36(3.1) applies.

7 This Regulation is deemed to have come into force on January 1, 1999.

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

Alberta Regulation 11/99

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN

AMENDMENT REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 10/99) pursuant to

Schedule 5,

section 4 of the Public Sector Pension Plans Act.

1 The Management Employees Pension Plan (AR 367/93) is amended by this

Regulation.

Part 2 of

Schedule 2 is amended

(

a) by repealing clause (a);

(

b) in clause (

h) by striking out "Alcoholism" and substituting

"Alcohol".

Part 3 of

Schedule 2 is amended by repealing clauses (

b) and (

c) and

substituting the following:

(

b) the Alberta Gaming and Liquor Commission, and

(

c) the Alberta Energy and Utilities Board.

Alberta Regulation 12/99

Government Organization Act

MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 14/99) pursuant to

section

13 of the Government Organization Act.

1 The Municipal Affairs Grants Regulation (AR 82/78) is amended by this

Regulation.

Schedule 1 is amended in

section 2(

d) by striking out "under the

Regional Municipal Services Act" and substituting "established under the

Municipal Government Act".

Schedule 2 is amended

(

a) in

section 1(

b) by striking out "Regional Municipal Services

Act" and substituting "Municipal Government Act";

(

b) by adding the following after

section 2:

2.1 For the purposes of calculating the amount of a grant

under this

Schedule in respect of a debenture,

(

a) payments of principal and interest on the debenture

are deemed to be made in accordance with the debenture's amortization

schedule that existed on June 30, 1993, and

(

b) the effective interest rate on the debenture is

deemed to be its rate of interest on June 30, 1993.

(

c) in

section 3 by striking out "shall be in the amount" and

substituting "shall be 60% of the amount";

(

d) by repealing sections 3.1 and 3.2.

Schedule 9 is amended

(

a) in sections 2 and 4 by adding ", educational institutions and

non-profit organizations" after "municipalities";

(

b) in

section 6

(

i) by adding ", educational institution or non-profit

organization" after "a municipality";

(ii) by striking out "the municipality" and substituting

"that body".

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

Alberta Regulation 13/99

Matrimonial Property Act

MATRIMONIAL PROPERTY REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 16/99) pursuant to

section

31 of the Matrimonial Property Act.

Form of disclosure statement

1 For the purposes of

section 31 of the Matrimonial Property Act, a

statement disclosing the particulars of the property of a spouse must

(

a) show the full particulars and a true appraisal of all real and

personal property of that spouse, and

(

b) be in the form set out in the Schedule.

Form of certificate of lis pendens

2 A certificate of lis pendens filed under the Matrimonial Property Act

must be in the form set out in the Schedule.

Repeal

3 The Matrimonial Property Regulation (AR 458/78) is repealed.

Expiry

4 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 November 30, 2003.

SCHEDULE

DISCLOSURE OF MATRIMONIAL

PROPERTY BY WIFE/HUSBAND

(Delete whichever not applicable)

Name:

Pursuant to

section 31(1) of the Matrimonial Property Act, the

following is a list of all my interest in any property, including present

property and property disposed of within the previous 2 years, showing

(

a) the nature of my interest,

(

b) an estimate of its value,

(

c) a detailing of exemptions claimed, including the

reason and the amount,

(

d) a statement of its location, and

(

e) a detailing of any debt secured by the property.

Sworn before me at the )

of , )

in the Province of Alberta, )

the day of , )

19 . )

A Commissioner for Oaths )

in and for the Province of Alberta )

CERTIFICATE OF LIS PENDENS

To the Registrar of the Alberta Land Registration District:

This is to certify that proceedings have been taken in (here

identify the court and the action number)

under the Matrimonial Property Act in which

claims an interest in the lands of ,

and no instrument purporting to affect lands in respect of which this

certificate of lis pendens is filed shall be registered unless the

instrument is expressed to be subject to that claim.

Dated this day of A.D. 19

(Clerk of the Court)

Alberta Regulation 14/99

Provincial Court Judges Act

PAYMENT TO PROVINCIAL JUDGES AMENDMENT REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 17/99) pursuant to

section

17 of the Provincial Court Judges Act.

1 The Payment to Provincial Judges Regulation (AR 176/98) is amended by

this Regulation.

Section 9 is amended

(

a) in subsection (1)

(

i) by repealing clause (

b) and substituting the

following:

(b) "long service amount" means an amount

equal to $2000 for each completed year, and a prorated portion of $2000 for

each additional portion of a year, of a judge's prior pensionable judicial

service;

(ii) by repealing clause (

c) and substituting the

following:

(c) "Minister" means the Minister of

Justice and Attorney General;

(iii) by adding the following after clause (e):

(e.1) "retire" means, in respect of a judge,

a judge who ceases to be a participant of the pension plan under the

circumstances referred to in

section 14(1), 16, 17(1), 17(2) or 24 of the

pension plan;

(iv) by adding the following after clause (f):

(g) "surviving spouse" means the surviving

spouse of a deceased judge who becomes entitled to receive a pension under

section 20(1) or (2) of the pension plan.

(

b) by repealing subsection (2) and substituting the following:

(2) The long service amount in respect of a judge shall be paid in a

lump sum payment to

(

a) the judge after the judge retires,

(

b) the surviving spouse of the judge if the judge dies

before retiring, or

(

c) the judge's estate if the judge dies before

retiring and leaves no surviving spouse.

(3) A judge may, before retiring, submit to the Minister a request

that the payment of the long service amount be made in annual payments for

a period specified by the judge of up to 10 years.

(4) When a judge makes a request under subsection (3) and it is

received by the Minister at least 30 days before the judge retires, the

long service amount in respect of the judge shall be paid, notwithstanding

subsection (2), in annual payments to the judge after the judge retires and

(

a) if the judge dies before all of the annual payments

are made and the judge leaves a surviving spouse, the remaining annual

payments shall be paid to the surviving spouse and if the surviving spouse

dies before all of the remaining annual payments are made, the remaining

annual payments shall be paid in a lump sum to the spouse's estate, and

(

b) if the judge dies before all of the annual payments

are made and the judge does not leave a surviving spouse, the remaining

annual payments shall be paid in a lump sum to the judge's estate.

(5) When a judge makes a request under subsection (3) and it is

received by the Minister at least 30 days before the judge retires and the

judge dies before retiring, the long service amount in respect of the judge

shall be paid, notwithstanding subsection (2),

(

a) if the judge leaves a surviving spouse, in annual

payments to the surviving spouse and if the surviving spouse dies before

all of the annual payments are made, the remaining annual payments shall be

paid in a lump sum to the spouse's estate, and

(

b) if the judge does not leave a surviving spouse, in

a lump sum to the judge's estate.

(6) When a judge dies before retiring without having made a request

under subsection (3) and leaves a surviving spouse, the spouse may submit

to the Minister a request that payment of the long service amount be made

in annual payments for a period specified by the spouse of up to 10 years.

(7) When a surviving spouse makes a request under subsection (6) and

it is received by the Minister within 90 days of the judge's death, the

long service amount in respect of the judge shall be paid, notwithstanding

subsection (2), in annual payments to the surviving spouse and if the

surviving spouse dies before all of the annual payments are made, the

remaining annual payments shall be paid in a lump sum to the surviving

spouse's estate.

(8) The amount of an annual payment under this

section in respect of

a judge is calculated by dividing the judge's long service amount by the

number of years specified in the judge's request under subsection (3) or

the surviving spouse's request under subsection (6) and the number of years

may not exceed 10.

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

Alberta Regulation 15/99

Regulations Act

MISCELLANEOUS CORRECTION AND REPEAL REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 18/99) pursuant to

section

10 of the Regulations Act.

1 The following regulations are repealed:

(

a) General Regulation (AR 405/84);

(

b) Designated Trade Transitional Regulation (AR 388/91);

(

c) AR 234/93;

(

d) AR 76/94;

(

e) AR 140/67;

(

f) General Register Registry Agent Search Fee Regulation (AR

94/96);

(

g) Forms Regulation (AR 482/81);

(

h) Assessment Equalization Regulation (AR 56/86);

(

i) Crown Agency Property Valuation Regulation (AR 21/79);

(

j) Municipality of Crowsnest Pass Assessment Regulation (AR 4/91);

(

k) Regional Airports Authority Improvements Assessment Exemption

Regulation (AR 390/92);

(

l) Commercial Vehicle Classification Fees and Intransit Permit

Regulation (AR 77/93);

(

m) Nova Corporation of Alberta Regulation (AR 359/86).

2(1) The Social Allowance Regulation (AR 213/93) is amended in

section

1(

f) by striking out "section 46/(1)(a)" and substituting "section

46(1)(a)".

(2) The Bodies of Deceased Persons Regulation (AR 237/85) is amended in

section 1(b)(

i) by striking out "issued pursuant to regulations under the

Licensing of Trades and Businesses Act" and substituting "under the Funeral

Services Act".

(3) The Consumer and Registry Services Administrative Transfer Order (AR

97/93) is amended in

section 1(1)

(

a) by adding "Funeral Services Act" after "Direct Sales

Cancellation Act";

(

b) by striking out "Prearranged Funeral Services Act".

(4) The Freedom of Information and Protection of Privacy Regulation (AR

200/95) is amended in

Schedule 1 under the heading "MUNICIPAL AFFAIRS" by

striking out "Funeral" and substituting "Alberta Funeral".

(5) The Records Management Regulation (AR 57/95) is amended in the

Schedule under the heading "MUNICIPAL AFFAIRS" by striking out "Funeral"

and substituting "Alberta Funeral".

(6) The Treasury Department Administrative Transfer Order (AR 402/92) is

amended in

section 1

(

a) by adding the following after clause (o):

(o.1) Funeral Services Act;

(

b) by repealing clause (u).

(7) The Procedures Regulation (AR 233/89) is amended by repealing

section

7(2) as enacted by

section 2 of the Procedures Amendment Regulation (AR

134/97).

(8) The Designation and Transfer of Responsibility Regulation (AR

398/94) is amended in

section 13(3) by striking out "responsibility" and

substituting "responsible".

(9) The Licensed Practical Nurses Regulation (AR 103/97) is amended in

section 10(

b) by striking out "Lieutenant Governor in College" and

substituting "Lieutenant Governor in Council".

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

Alberta Regulation 16/99

Nursing Profession Act

NURSING PROFESSION EXTENDED PRACTICE ROSTER REGULATION

Filed: February 3, 1999

Approved by the Lieutenant Governor in Council (O.C. 19/99) pursuant to

section 99 of the Nursing Profession Act.

Table of Contents

Definitions 1

Roster established 2

Criteria for Roster entry 3

Application 4

Approval, refusal or deferral of applications 5

Notice of decision 6

Application for review 7

Notice of entry on Roster 8

Renewal of Roster entries 9

Responsibility of the Registration Committee 10

Extended practice 11

Expiry 12

Definitions

1 In this Regulation,

(a) "Act" means the Nursing Profession Act;

(b) "extended practice" means the practice of a registered nurse

that is authorized under an enactment and has been recommended by the

Registration Committee as extended practice and approved by the Council;

(c) "Roster" means the Nursing Profession Extended Practice Roster.

Roster established

2(1) A register is established by this Regulation with the name "Nursing

Profession Extended Practice Roster".

(2) The Roster is, subject to this Regulation, under the administrative

control of the Registrar.

(3) The Registrar shall record in the Roster the areas of extended

practice that exist under

section 1(b).

Criteria for Roster entry

3(1) A registered nurse may be entered on the Roster if the nurse

(

a) holds a baccalaureate degree in nursing or other educational

qualifications that are considered by the Registration Committee to be at

least equivalent to the baccalaureate degree,

(

b) has at least 3 years of practice as a registered nurse that is

considered satisfactory by the Registration Committee,

(

c) successfully completes in an area of extended practice an

educational program approved by the Registration Committee, or provides

evidence satisfactory to the Registration Committee that the nurse has an

education at least equivalent to the education provided by the approved

program, and

(

d) has, in the Registration Committee's opinion, sufficient

knowledge, skills and practice to engage in the area of extended practice

to which the application relates.

(2) Notwithstanding subsection (1), during the 2 years following the date

this Regulation comes into force, a registered nurse may be entered on the

Roster if

(

a) the nurse has, in the Registration Committee's opinion,

sufficient knowledge, skills and practice to engage in the area of extended

practice to which the application relates,

(

b) the nurse completes a self assessment of knowledge, skills and

practice in a form prescribed by the Registrar, and

(

c) a person satisfactory to the Registration Committee completes

an assessment of the nurse's knowledge, skills and practice in a form

prescribed by the Registrar.

Application

4 An applicant must

(

a) apply to the Registrar in writing, providing any information

the Registrar requires, and

(

b) pay any fee prescribed by the Council for the application.

Approval, refusal or deferral of applications

5 The Registration Committee may, with respect to an application,

(

a) approve the application,

(

b) refuse the application, or

(

c) defer the decision pending compliance with any condition it

considers necessary.

Notice of decision

6(1) The Registration Committee must send a written notice of its decision

to the applicant not more than 30 days after it considers the application.

(2) If the decision of the Registration Committee is to refuse or defer

decision on the application, it must send written reasons for the decision

to the applicant.

Application for review

7(1) An applicant whose application is refused or deferred may request a

review or reconsideration in accordance with

section 21 of the Act.

(2) Sections 21 to 23 of the Act apply to the review or reconsideration.

Notice of entry on Roster

8(1) After entering the name of a registered nurse on the Roster, the

Registrar must notify the person concerned.

(2) Entry on the Roster automatically lapses after the last day of the

membership year in which the entry was made, unless it is renewed before

then.

Renewal of Roster entries

9(1) A registered nurse who is entered on the Roster may apply to renew

the entry by

(

a) applying to the Registrar in writing, providing any information

the Registrar requires, and

(

b) paying any fee prescribed by the Council.

(2) If the Registration Committee is satisfied that an applicant for

renewal has maintained sufficient knowledge, skills and practice, and the

application is made before the recorded entry lapses, or within 12 months

of the entry lapsing, the Registrar must renew the entry.

(3) If a registered nurse does not renew an entry on the Roster for more

than one but less than 2 consecutive years following expiry of the entry on

the Roster, the nurse must satisfy the basic criteria for entry on the

Roster specified in

section 3, or any modification of them that the

Registration Committee directs, either generally or for a specific

applicant.

(4) If a registered nurse does not renew an entry on the Roster for 2 or

more but less than 5 consecutive years following expiry of the entry on the

Roster, the nurse must

(

a) satisfy the basic criteria for entry on the Roster specified in

section 3, or any modification of them that the Registration Committee

directs, either generally or for a specific applicant, and

(

b) by means of a self assessment satisfactory to the Registration

Committee, satisfy the Committee that the nurse has the knowledge, skills

and practice to have the entry on the Roster renewed.

(5) If a registered nurse does not renew an entry on the Roster for 5 or

more consecutive years, the nurse must

(

a) satisfy the basic criteria for entry on the Roster specified in

section 3, or any modification of them that the Registration Committee

directs, either generally or for a specific applicant,

(

b) by means of a self assessment satisfactory to the Registration

Committee, satisfy the Committee that the nurse has the knowledge, skills

and practice to have the entry on the Roster renewed, and

(

c) successfully complete a challenge examination specified by the

Registration Committee, or successfully complete an approved program

designated by the Committee, or both.

Responsibility of the Registration Committee

10 The Registration Committee must not renew an entry on the Roster if

the Committee is not satisfied that the registered nurse has the knowledge,

skills and practice to engage in extended practice.

Extended practice

11 Subject to any other enactment, a registered nurse whose name is on

the Roster may engage in the area of extended practice in respect of which

the nurse's name is entered on the Roster.

Expiry

12 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 January 31, 2004.

Alberta Regulation 17/99

Public Health Act

TREATMENT SERVICES AMENDMENT REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 22/99) pursuant to

section

75 of the Public Health Act.

1 The Treatment Services Regulation (AR 248/85) is amended by this

Regulation.

Section 1 is amended by striking out "section 22(2)" and substituting

"section 22".

Section 2 is amended

(

a) in subsection (1)(b)(

i) and (ii) by adding "Lip and" after

"Cleft";

(

b) by repealing subsection (2) and substituting the following:

(2) Where dental treatment associated with congenital cleft lip

palate syndrome is authorized by a clinic referred to in subsection (1)(b),

the Minister shall pay for the costs of that treatment in accordance with

the Cleft Palate Dental Indemnity Program Dental Fee Payment Guidelines, as

approved and published by the Minister and as amended by the Minister from

time to time.

Section 6.1(1) is amended by striking out "section 22(2)" and

substituting "section 22".

5 This Regulation comes into force on April 1, 1999.

Alberta Regulation 18/99

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 23/99) pursuant to

section

16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 398/94)

is amended by this Regulation.

Section 15 is amended by adding the following after subsection (2):

(3) The responsibility for the Oil Sands Technology and Research

Authority Act is transferred to the Minister responsible for Science,

Research and Information Technology.

3 The Energy Administrative Transfer Order (AR 196/86) is amended by

repealing

section 1(p).

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

Alberta Regulation 19/99

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 28/99) pursuant to

section

41 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 233/89) is amended by this Regulation.

Section 2 is amended by adding the following before clause (f.1):

(f.01) Fisheries (Alberta) Act;

Schedule 2,

Part 3.1, is amended

(

a) by repealing

section 1 and substituting the following:

1 The specified penalty payable for a contravention of

section 59 of the Environmental Protection and Enhancement Act in respect

of the activity designated by Division 1, clause (

k) of

Schedule 1 to the

Activities Designation Regulation (AR 211/96) is $100.

(

b) in

section 2 by striking out "Air Emissions Regulation" and

substituting "Substance Release Regulation";

(

c) in

section 3 by striking out "172" and substituting "171.1".

Schedule 2 is amended by repealing

Part 3.2 and substituting the

following:

PART 3.2

REGULATIONS UNDER THE ENVIRONMENTAL

PROTECTION AND ENHANCEMENT ACT

PESTICIDE SALES, HANDLING, USE AND

APPLICATION REGULATION

1 The specified penalty payable in respect of a contravention of a

provision of the Pesticide Sales, Handling, Use and Application Regulation

(AR 24/97) shown in Column 1 is the amount shown in Column 2 in respect of

that provision.

Column 1 Column 2

(Section (Specified

Item Number of Penalty in

Number Regulation) Dollars)

1 6(1)(a)(b) 100

2 6(3) 100

3 7 300

4 18 100

5 21 100

6 23(1)(2)(4) 200

7 24(a)(b) 200

8 25 200

9 26(1)(2) 300

10 28 100

11 29(1)(2)(3) 100

Schedule 2 is amended by adding the following after

Part 23:

PART 23.1

FISHERIES (ALBERTA) ACT

1 The specified penalty payable in respect of a contravention of

section

10(1) of the Fisheries (Alberta) Act for engaging in sportfishing without a

sportfishing licence is $100.

2 The specified penalty payable in respect of a contravention of the

Fisheries (Alberta) Act shown in Column 1 is the amount shown in Column 2

in respect of that provision.

Item Column 1 Column 2

Number (Section (Specified

Number of Penalty in

Act) Dollars)

1 18 50

2 23(2) 50

PART 23.2

REGULATIONS UNDER THE FISHERIES

(ALBERTA) ACT

GENERAL FISHERIES (ALBERTA) REGULATION

1 The specified penalty payable in respect of a contravention of the

General Fisheries (Alberta) Regulation (AR 203/97) shown in Column 1 is the

amount shown in Column 2 in respect of that provision.

Item Column 1 Column 2

Number (Section (Specified

Number of Penalty in

Regulation) Dollars)

1 8 250

2 15(3)(b) 250

3 16(1) 250

4 16(2) 200

5 16(3) 150

6 19(1)(a) 150

7 19(1)(b) 150

8 19(1)(c) 150

9 60(1) 50

Alberta Regulation 20/99

Social Development Act

SOCIAL ALLOWANCE AMENDMENT REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 33/99) pursuant to

section

30 of the Social Development Act.

1 The Social Allowance Regulation (AR 213/93) is amended by this

Regulation.

Section 14 is amended

(

a) by repealing the table following subsection (3) and

substituting the following:

Sub-program Under

Section 3 to Which

Size of Unit Applicant or Recipient is Assigned

Supplement to

Earnings or

Employment and Transitional Assured

Training Support Support Support

1-person unit

room and board $168 $168 $218

1-person unit 168 253 303

2-person unit 336 336 436

2-person unit

where one

person is a

dependent child 428 428 482

3-person unit 503 503 556

4-person unit 524 524 578

5-person unit 546 546 599

greater than 546 546 599

5-person unit plus $20 plus $20 plus $20

for each for each for each

person in person in person in

excess excess excess

of 5 of 5 of 5

Note: 1. The allowance payable to an individual adult who is living in an

approved home is $257.

Note: 2. The allowance payable in respect of a child referred to in

section 9 of the Act is $64.

(

b) be repealing the table following subsection (5) and

substituting the following:

Number of Children Maximum Monthly

in Family Unit Shelter Allowance

One Adult Two Adults

0 $120 $193

1 212 262

2 260 317

3 317 377

4 377 437

5 437 496

6 or more 496 555

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

Alberta Regulation 21/99

Podiatry Act

DRUGS, CHEMICALS AND COMPOUNDS REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 35/99) pursuant to

section

11 of the Podiatry Act.

Purchase and supply of drugs

1(1) A podiatrist may purchase and supply to his patients those drugs,

chemicals and compounds that are

(

a) intended for treatment of pathology of the feet, and

(

b) not referred to in the Schedules to

(

i) the Pharmaceutical Profession Act, or

(ii) the Food and Drugs Act (Canada).

(2) Notwithstanding subsection (1)(b), a podiatrist may purchase and

supply to his patients

(

a) the analgesics listed in

Schedule A;

(

b) the antibiotics and anti-fungal agents listed in

Schedule B;

(

c) the anti-inflammatory agents listed in

Schedule C;

(

d) diphenhydramine;

(

e) sucralfate;

(

f) pentoxifylline.

(3) Notwithstanding subsection (1)(b), a podiatrist may purchase and

supply to his patients for use only in the presence of the podiatrist the

drugs, chemicals and compounds listed in

Schedule D.

Drugs under Pharmaceut-ical Profession Act

2(1) A podiatrist who receives a certificate of approval for registration

on or after June 3, 1993 may purchase, in addition to the drugs, chemicals

and compounds authorized under

section 1, the drugs referred to in the

Schedules to the Pharmaceutical Profession Act.

(2) A podiatrist who received a certificate of approval for registration

before June 3, 1993 may purchase, in addition to the drugs, chemicals and

compounds authorized under

section 1, the drugs referred to in the

Schedules to the Pharmaceutical Profession Act, on the completion of an

upgrading program approved by the Board of Examiners in Podiatry.

(3) A podiatrist who is authorized under this

section to purchase drugs

may supply those drugs only to patients of the podiatrist.

Expiry

3 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 December 1, 2003.

SCHEDULE A

Ibuprofen Acid and its salts (Motrin)

Mefenamic Acid and its salts (Ponstan)

Ketorolac

Naproxen

SCHEDULE B

Ampicillin and Griseofulvin

Other antibiotics and anti-fungal agents as indicated and supported by

sensitivity testing

Phisohex

Antibiotics and anti-fungal agents for topical use

SCHEDULE C

Betamethasone - 17 - Valerate

Flucinonide

Methylprednisolone

Triamcinolone-acetonide

SCHEDULE D

Injectable steroids other than anabolic steroids

Tetanus antitoxin in accordance with the provincial immunization

schedule

Diazepam

Lorazepam

Bleomycin

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

Alberta Regulation 22/99

Livestock and Livestock Products Act

LIVESTOCK TRANSPORTATION REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 36/99) pursuant to

section

2 of the Livestock and Livestock Products Act.

Table of Contents

Interpretation 1

Livestock unfit for transport 2

Crowding prohibited 3

Rest stops 4

Loading facilities and pens 5

Duties of operator 6

Unsuitable vehicle 7

Duty to keep livestock segregated 8

Sanitary conditions 9

Prohibition 10

Inspection 11

Repeal 12

Expiry 13

Interpretation

1(1) In this Regulation,

(a) "operator" means the driver of a vehicle in which livestock is

transported pursuant to this Regulation;

(b) "peace officer" means a peace officer as defined in the Police

Act;

(c) "shipper", in respect of livestock that is transported pursuant

to this Regulation, means

(

i) the person who owns the livestock, or

(ii) the person who possessed the livestock at the time

the livestock was loaded for transport;

(d) "vehicle" means a device in, on or by which livestock may be

transported on a highway as defined in the Highway Traffic Act, but does

not include a device that is propelled by muscular power.

(2) Any reference in this Regulation to loading, unloading or transporting

livestock includes causing to load, causing to unload and causing to

transport livestock, as the case may be.

Livestock unfit for transport

2(1) No shipper or operator shall load or transport livestock that, by

reason of infirmity, illness, injury, fatigue or any other cause, would

suffer unduly during transport.

(2) Notwithstanding subsection (1), an operator may transport livestock

(

a) to or from a veterinary clinic or a designated confinement area

to deal with health concerns, or

(

b) for slaughter

as long as the livestock is loaded and transported humanely.

(3) No shipper or operator shall load or transport livestock that is

likely to give birth during transport unless the livestock is being

transported for health reasons.

(4) No operator shall continue to transport livestock that becomes

injured, ill or otherwise unfit for transport during a journey beyond the

nearest suitable place at which it can receive proper care and attention.

(5) A peace officer or inspector who finds that a vehicle is transporting

livestock that is unfit for transport may require the operator of the

vehicle to unload the livestock for rest, feed and water at a location that

has all the facilities necessary for loading, unloading, resting, feeding,

watering and inspecting the livestock.

Crowding prohibited

3 No shipper or operator shall load or transport livestock in a vehicle

in a manner that is likely to cause injury or undue suffering to the

livestock due to crowding.

Rest stops

4 Where livestock will be transported for more than 36 hours, the

operator transporting the livestock shall, at intervals not exceeding 36

hours, unload the livestock for rest, feed and water for at least 5 hours

at a location that has all the facilities necessary for loading, unloading,

resting, feeding, watering and inspecting the livestock.

Loading facilities and pens

5(1) No shipper or operator shall load or unload livestock in a manner

that is likely to cause injury or undue suffering to it.

(2) No shipper, operator or receiver shall use a ramp, gangway, chute or

other apparatus to load or unload livestock unless the ramp, gangway, chute

or other apparatus, as the case may be,

(

a) has a slope that is not greater than 45 degrees,

(

b) has sides of sufficient strength and height and is otherwise

constructed so as to prevent injury to the livestock, and

(

c) is positioned so that there are no unprotected gaps between it

and the vehicle that the livestock is to be loaded on or unloaded from.

(3) A pen into which livestock is unloaded during transport for rest, feed

and water must

(

a) provide sufficient space for all the livestock to lie down at

the same time,

(

b) provide for adequate feeding and watering of the livestock,

(

c) have well drained and clean floors of concrete or any other

suitable material that provides safe footing,

(

d) have an adequate amount of straw or other suitable material to

bed the livestock, and

(

e) provide protection from extremes of heat or cold and other

adverse weather conditions.

Duties of operator

6 An operator who loads or transports livestock shall ensure that the

vehicle used to transport the livestock meets the following requirements:

(

a) exhaust fumes must not be able to enter the box and cause

distress to the livestock;

(

b) the box front must be of sufficient height to protect the

livestock from direct exposure to any adverse condition;

(

c) each animal must have enough room to be able to stand in all

natural positions without coming in contact with the deck or roof of the

vehicle;

(

d) the deck surface must be covered with checkered plate or other

suitable non-slip flooring or with straw, dry sand or other suitable

material that is uniformly spread.

Unsuitable vehicle

7(1) No shipper or operator shall load or transport livestock in a vehicle

that has

(

a) a box or stock rack of a strength and height that is

insufficient to adequately protect and contain the livestock at all times,

(

b) fittings that are not secure or are inadequately padded, fenced

off or obstructed,

(

c) bolt-heads or other objects projecting into the area where the

livestock are held,

(

d) any broken, cracked or damaged siding or floor material,

(

e) inadequate ventilation,

(

f) unsafe footholds or footholds that are not secure, or

(

g) any other equipment in such a condition that it is likely to

cause injury or undue suffering to the livestock.

(2) No shipper or operator shall load or transport livestock in a vehicle

in a manner that would cause undue exposure of the livestock to weather.

Duty to keep livestock segregated

8(1) An operator transporting livestock shall segregate the livestock

during transport in accordance with this section.

(2) Livestock of the same species that demonstrate that they are

incompatible by nature and livestock of different species must be

segregated from one another.

(3) Groups of mature bulls, de-tusked boars, rams and goat bucks must be

segregated from all other livestock.

(4) Cows, sows and mares with suckling offspring must be segregated from

all other livestock.

(5) A mature boar that is not de-tusked must be segregated from all other

livestock.

(6) A mature stallion must be segregated from all other livestock,

including other mature stallions.

(7) Livestock of the same species but of substantially different weight or

age must be segregated from one another.

Sanitary conditions

9 An operator transporting livestock shall ensure that the vehicle is

(

a) adequately cleaned prior to the loading of the livestock,

(

b) maintained in a clean state, and

(

c) disinfected when requested by an inspector under the Livestock

Diseases Act.

Prohibition

10 No person shall beat or, by use of a prod, goad or other instrument,

cause injury to livestock being loaded into or unloaded from a vehicle.

Inspection

11 An operator transporting livestock shall, on the request of an

inspector, permit the inspector to examine the livestock for the purpose of

ensuring compliance with this Regulation.

Repeal

12 The Livestock Transportation Regulation (AR 76/95) is repealed.

Expiry

13 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 December 31, 2003.

Alberta Regulation 23/99

Marketing of Agricultural Products Act

ALBERTA SOFT WHEAT PRODUCERS PLAN REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 38/99) pursuant to

section

23 of the Marketing of Agricultural Products Act.

Table of Contents

Interpretation 1

Designation of agricultural product 2

Part 1

General Operation of Plan

Division 1

Plan

Plan continued 3

Termination of Plan 4

Application of Plan 5

Purposes of Plan 6

Division 2

Operation of Plan by Commission

Commission continued 7

Functions of Commission 8

Operation of Plan re regulations 9

Financing of Plan 10

Service charges refundable 11

Collection of service charge 12

Auditor, etc. 13

Fiscal year 14

Indemnity fund, etc. 15

Honorary memberships, etc. 16

Quorum 17

Part 2

Governance of Plan

Division 1

Producers

Full members 18

General rights of producers 19

Producers who are individuals 20

Producers that are not individuals 21

Division 2

Districts

Districts 22

Districts set out in

Schedule 23

District executive and delegates 24

Annual district meetings 25

Special district meetings 26

Notice of district executive meetings 27

Quorum 28

Division 3

Commission

Board of directors 29

President of Commission, etc. 30

Annual Commission meetings 31

Special Commission meetings 32

Notice of board meetings 33

Quorum 34

Division 4

Terms, Vacancies and Removal from Office

Terms of office 35

Removal from office 36

Filling of vacancies by appointment, etc. 37

Part 3

Voting and Elections

Eligibility to vote at an annual meeting 38

Voters must be on current list 39

Secret ballot 40

Tie votes 41

Returning officer 42

Controverted election 43

Part 4

Transitional Provision, Review and Repeal

Transitional re directors 44

Review 45

Repeal 46

Schedule

Interpretation

1(1) In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "annual Commission meeting" means an annual general meeting of

the persons who hold positions on the Commission and the district

delegates;

(c) "annual district meeting" means an annual general meeting of

the district executive and the producers who reside in the district and are

eligible to attend the meeting;

(d) "board" means the board of directors of the Commission;

(e) "Commission" means the Alberta Soft Wheat Commission;

(f) "Council" means the Alberta Agricultural Products Marketing

Council;

(g) "crop year" means the period from August 1 of one year to July

31 of the following year;

(h) "dealer" means a person purchasing or acquiring regulated

product from a producer and includes, but is not limited to,

(

i) elevator companies, grain companies, grain dealers,

seed dealers, producer car shippers, dealer car shippers and processors,

and

(ii) persons who acquire regulated product from the

producer for sale on the producer's behalf;

(i) "director" means a director of the Commission;

(j) "marketing"

(

i) means buying, owning, selling, offering for sale,

storing, grading, assembling, packing, transporting, advertising or

financing, and

(ii) includes any other function or activity designated

as marketing by the Lieutenant Governor in Council;

(k) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act,

(ii) any unincorporated organization that is not a

partnership referred to in subclause (i), and

(iii) any group of individuals who are carrying on an

activity for a common purpose and are neither a partnership referred to in

subclause (

i) nor an unincorporated organization referred to in subclause

(ii);

(l) "producer" means a person who

(

i) grows soft wheat for sale on one or more parcels of

land in Alberta, or

(ii) is entitled to a share of the soft wheat grown on

any land pursuant to a crop share arrangement;

(m) "regulated product" means soft wheat;

(n) "soft wheat" means any wheat that

(

i) has the kernel characteristics of being "soft" and

"white", and

(ii) comes under the Genus Species (TRITICUM AESTIVUM L.

em THELL) and includes

(

A) wheat that comes under the Canadian

Grain Commission 800 series given code and the tough, damp and feed wheat

grades of that wheat, and

(

B) feed wheat of that species;

(o) "special Commission meeting" means a special general meeting of

the persons who hold positions on the Commission and the district

delegates;

(p) "special district meeting" means a special general meeting of

the district executive and the producers who reside in the district and are

eligible to attend the meeting.

(2) Where under this Plan it is provided that a person may be given notice

by ordinary mail, that notice may instead be given to that person by

(

a) being delivered personally to that person, or

(

b) by being sent to that person by electronic means.

Designation of agricultural product

2 Soft wheat is designated as an agricultural product for the purposes of

the Act.

PART 1

GENERAL OPERATION OF PLAN

Division 1

Plan

Plan continued

3 The Alberta Soft Wheat Producers Plan established under the Alberta

Soft Wheat Producers Plan Regulation (AR 226/90) is hereby amended, revised

and continued under this Regulation with the name "Alberta Soft Wheat

Producers Plan".

Termination of Plan

4 This Plan does not terminate at the conclusion of a specific period of

time and shall remain in force unless otherwise terminated pursuant to the

Act.

Application of Plan

5 This Plan applies

(

a) to all of Alberta,

(

b) to producers in Alberta who produce the regulated product, and

(

c) for the purposes of sections 9(

a) to (

e) and 12, to dealers and

any other persons who are not producers and who market or process the

regulated product.

Purposes of Plan

6(1) The purposes of the Plan are to do the following:

(

a) to encourage research and development of new and better

varieties of soft wheat that meet the needs of producers and end users;

(

b) to encourage research projects and programs to reduce disease,

maximize fertilizer efficiency, improve irrigation practices and generally

maximize quality and yield of soft wheat;

(

c) to initiate and carry out projects or programs to stimulate,

increase and improve the production and marketing of soft wheat in Alberta;

(

d) to provide programs to assist members in arranging contracts

for the sale of soft wheat products to dealers;

(

e) to assist generally in the development and promotion of the

soft wheat industry in Alberta, including the development and promotion of

export markets for soft wheat grown in Alberta;

(

f) to provide recommendations for quality standards to the

of Alberta with respect to the maintenance of the quality of soft wheat;

(

h) to assist, educate and inform producers, dealers and processors

in developing and improving methods regarding the production, processing

and marketing of soft wheat;

(

i) to act as a forum for the discussion, formulation and

recommendation of advantageous methods of production, handling and

marketing of soft wheat;

(

j) to promote the co-operation and co-ordination of all soft wheat

growers in Alberta with respect to improving the production and marketing

of soft wheat;

(

k) to initiate and carry out advertising programs, sales promotion

programs and consumer education programs to expand the market awareness and

demand for soft wheat and soft wheat products, in both domestic and export

markets;

(

l) to advise governments and other bodies on matters concerning

the soft wheat industry;

(

m) to co-operate with persons, associations, marketing commissions

and marketing boards that have objectives similar to those of the

Commission.

(2) Under this Plan neither the production nor the marketing of the

regulated product shall be controlled or regulated.

Division 2

Operation of Plan by Commission

Commission continued

7 The Alberta Soft Wheat Commission is hereby continued.

Functions of Commission

8 The Commission

(

a) is responsible for the operation, regulation, supervision and

enforcement of this Plan;

(

b) shall

(

i) open and maintain one or more accounts in a bank,

trust company, credit union, Treasury Branch or other depository, and

(ii) designate such officers, employees and other

persons as are necessary to sign cheques and transact the Commission's

business with its bank, trust company, credit union, Treasury Branch or

other depository;

(

c) may

(

i) enter into an operating line of credit or other

loan agreement with its bank, trust company, credit union, Treasury Branch

or other lending institution, and

(ii) designate such officers, employees and other

persons as are necessary to transact the Commission's business;

(

d) shall cause such books and records, including financial

records, to be maintained

(

i) as from time to time may be required under the Act,

the regulations or by virtue of any order of the Council, or

(ii) as may be determined by the Commission;

(

e) shall maintain an office, the location of which shall at all

times be made known to each producer;

(

f) may appoint officers, employees and agents, prescribe their

duties and fix and pay their remuneration;

(

g) may, subject to the Act, the regulations and any orders of the

Council, issue such general orders governing the Commission's internal

operation as the board may from time to time determine;

(

h) may become a member of any agricultural organization;

(

i) may contribute funds to any agricultural organization.

Operation of Plan re regulations

9 For the purposes of enabling the Commission to operate the Plan, the

Commission may be empowered by the Council, pursuant to

section 26 of the

Act, to make regulations

(

a) requiring any person who produces, markets or processes the

regulated product to furnish to the Commission any information or record

relating to the production, marketing or processing of the regulated

product that the Commission considers necessary;

(

b) requiring persons, other than producers, to be licensed under

this Plan before they become engaged in marketing or processing of the

regulated product;

(

c) prohibiting persons, other than producers, from engaging in the

marketing or processing of the regulated product except under the authority

of a licence issued under this Plan;

(

d) governing the issuance, suspension or cancellation of a licence

issued under this Plan;

(

e) providing for

(

i) the assessment, charging and collection of service

charges from producers, and

(ii) the taking of legal action to enforce payment of

the service charges;

(

f) providing for the refund of service charges;

(

g) requiring any person that receives the regulated product from a

producer

(

i) to deduct from the money payable to the producer

any service charge payable by the producer to the Commission, and

(ii) to forward the amount deducted to the Commission;

(

h) providing for the use of the service charges payable to or

received by the Commission for the purposes of paying the Commission's

expenses and the costs of administering this Plan and the regulations made

by the Commission.

Financing of Plan

10 In accordance with the regulations,

(

a) this Plan shall be financed

(

i) by the charging and collection of service charges

from producers, and

(ii) from other money payable to or received by the

Commission including, without restricting the generality of the foregoing,

money arising from investments of and other income earned by the

Commission;

(

b) every producer engaged in production of the regulated product

shall pay a service charge on each metric tonne, or part thereof, of

regulated product sold by the producer;

(

c) the Commission may, from time to time, change the amount of the

service charge, but the change shall not be effective until it has been

approved at an annual Commission meeting or a special Commission meeting.

Service charges refundable

11(1) In accordance with the regulations,

(

a) the service charge only shall be refundable to a producer on

the request of the producer;

(

b) the request for a refund of the service charge must be made in

writing on a form established by the Commission;

(

c) requests for refunds must be received by the Commission at the

Commission's head office

(

i) prior to the end of August, in the case of service

charges collected during the period commencing on the previous February 1

and ending on July 31, and

(ii) prior to the end of February, in the case of

service charges collected during the period commencing on the previous

August 1 and ending on January 31;

(

d) any request for a refund that is not received by the Commission

within the time periods specified under clause (

c) shall not be considered

by the Commission and the producer will not be entitled to a refund in

respect to the service charges in question;

(

e) the Commission shall refund the service charge to the producer

within 90 days from the end of the period to which the request relates, if

the request complies with the regulations.

(2) In the event that within one crop year

(

a) the producers requesting a refund of the service charges

comprise more than 35% of the existing producers, and

(

b) those producers requesting a refund account for at least 35% of

the service charges collected during the current crop year,

the continued operation of this Plan shall be subject to the approval by a

majority of producers at a plebiscite to be held under the direction of the

Council pursuant to the Act.

(3) The Commission shall, within 90 days following the end of a crop year,

report to the Council the refunds referred to in this

section that were

made for that crop year.

Collection of service charge

12 In accordance with the regulations,

(

a) all dealers who

(

i) purchase regulated product from a producer, or

(ii) acquire regulated product from a producer for sale

on the producer's behalf

shall deduct the amount of the service charge from any proceeds

payable to or on behalf of the producer;

(

b) any person who receives proceeds on behalf of the producer with

respect to the sale by the producer of regulated product shall, if the

service charge has not been deducted by a dealer, deduct the amount of the

service charge from the proceeds payable to or on behalf of the producer;

(

c) where the Commission does not receive payment of the service

charge in respect of regulated product sold by or on behalf of a producer,

it is the obligation of that producer to ensure that the payment of the

appropriate service charge is made to the Commission;

(

d) all persons required under this Plan to collect and pay to the

Commission the service charge payable by a producer shall

(

i) pay the service charge to the Commission, and

(ii) provide to the Commission, for each producer, a

summary detailing

(

A) the amount of regulated product

obtained from the producer,

(

B) the amount of the service charge being

paid on behalf of the producer, and

(

C) the name and address of the producer.

Auditor, etc.

13(1) The auditor for the Commission shall be appointed from time to time

at an annual Commission meeting or a special Commission meeting.

(2) The books, accounts and records of the Commission and the district

executives shall be audited at least once in every fiscal year.

(3) The report of the auditor shall,

(

a) in respect of the books, accounts and records of the

Commission, be submitted at the annual Commission meeting, and

(

b) in respect of the books, accounts and records of a district

executive, be submitted at the district's annual district meeting.

Fiscal year

14 The fiscal year of the Commission and the district executives is

August 1 to the following July 31.

Indemnity fund, etc.

15 A fund shall not be established under

section 34 or 35 of the Act.

Honorary memberships, etc.

16 The Commission may establish non-voting associate, industry, affiliate

or honorary memberships under this Plan to provide interested individuals

or organizations with the opportunity to contribute to the efforts of the

Commission.

Quorum

17 With respect to a meeting of the board, the quorum necessary for the

conduct of business is a majority of the persons who hold positions on the

board at the time of the meeting.

PART 2

GOVERNANCE OF PLAN

Division 1

Producers

Full members

18 For the purposes of this Plan, a full member is a producer who has

produced the regulated product

(

a) in the current crop year, or

(

b) if not in the current crop year, in at least one of the 3 crop

years immediately preceding the current crop year.

General rights of producers

19 In accordance with and subject to this Plan, a producer who is a full

member is entitled, as a matter of right,

(

a) to attend annual district meetings, special district meetings,

annual Commission meetings and special Commission meetings;

(

b) to make representations on any matter pertaining to this Plan,

the Commission and the board;

(

c) to vote on any matter under this Plan;

(

d) to vote in any election for directors;

(

e) to hold office as a director;

(

f) to vote in any plebiscites of producers held under the Act.

Producers who are individuals

20 Where a producer who is a full member is an individual, that individual

may, subject to this Plan, exercise the rights of an eligible producer

referred to in

section 19.

Producers that are not individuals

21(1) Where a producer who is a full member is not an individual, that

producer may exercise the rights of a producer referred to in

section 19

only in accordance with this section.

(2) A producer to which this

section applies shall appoint an individual

to be the representative of the producer.

(3) A representative appointed by a producer under this

section shall,

subject to this Plan, exercise on behalf of the producer the rights

referred to in

section 19.

(4) If an eligible producer is

(

a) a corporation, it shall appoint an individual who is a

director, shareholder, member, officer or employee of the corporation as

its representative,

(

b) a partnership, it shall appoint an individual who is a partner

or employee of the partnership as its representative, or

(

c) an organization, other than a corporation or a partnership, it

shall appoint an individual who is a member, officer or employee of the

organization as its representative.

(5) An appointment of a representative under this

section shall be

(

a) in writing, and

(

b) in the case where a vote is to be taken at a meeting, filed

with the returning officer prior to the calling to order of the meeting at

which a vote is to take place.

(6) An individual who is the representative of a producer shall not cast a

vote under this Plan unless

(

a) the individual presents a document signed by the producer

indicating the name of the person who may vote for the producer, or

(

b) the individual makes a statutory declaration stating that

(

i) the individual is a representative of the eligible

producer,

(ii) the individual has not previously voted in the

election or on the matter in respect of which the individual wishes to cast

a vote, and

(iii) the producer is a full member under this Plan.

(7) A statutory declaration made under subsection (6)(

b) shall be made in

writing before the returning officer or the deputy returning officer prior

to the vote being cast.

(8) An individual cannot at any one time be a representative under this

section for more than one eligible producer.

(9) A representative shall not vote or hold office before the

representative's appointment is filed in accordance with subsection (5).

Division 2

Districts

Districts

22 For the purposes of this Plan, Alberta is divided into 5 districts.

Districts set out in

Schedule

23 The area included in each district is as set out in the

Schedule to

this Plan.

District executive and delegates

24(1) Each district shall have its own district executive consisting of

(

a) the district chair,

(

b) the district vice-chair,

(

c) the district secretary, and

(

d) any other district director as may be required by the

Commission.

(2) Each district may be represented at an annual Commission meeting or a

special Commission meeting by district delegates.

(3) In order to be eligible to hold office on a district executive or to

be a district delegate, a person must

(

a) be a full member under this Plan, and

(

b) be carrying on production of the regulated product within the

district or have carried on production of the regulated product within the

district when the person last produced the regulated product.

(4) A district is entitled to have

(a) 10 delegates, or

(

b) one delegate for every 20 producers in the district who are

eligible to vote at an annual district meeting,

whichever is the greater number.

(5) Members of the district executive and the district delegates shall be

elected to their positions at the annual district meeting.

Annual district meetings

25(1) An annual district meeting shall be held every year in each

district.

(2) The annual district meeting shall

(

a) be organized by the district executive,

(

b) be financed by the Commission, and

(

c) be held not more than 120 days or less than 30 days prior to

the commencement of the annual Commission meeting.

(3) The purposes of the annual district meeting are

(

a) to conduct the elections for the district executive, the

district delegates and 2 directors to the board;

(

b) to provide to the producers of the district

(

i) information concerning the Commission and the

operation of this Plan, and

(ii) an opportunity to provide to the Commission

suggestions and recommendations;

(

c) to provide a forum for the producers of the district.

(4) Notice of the annual district meeting shall be given not less than 30

days prior to the commencement of the meeting, by the district secretary by

ordinary mail to each member in the district who is a full member or an

honorary or other member referred to in

section 16.

(5) Only full members in a district are entitled to attend the annual

district meeting.

(6) The district executive may permit other persons to attend an annual

district meeting.

Special district meetings

26(1) A district executive

(

a) may on its own initiative, and

(

b) shall

(

i) on the written request of 30% of the full members

residing in the district, or

(ii) at the request of the Council,

hold a special district meeting.

(2) A special district meeting shall be held at a place and on a date that

the district executive, by resolution, determines.

(3) A written notice of

(

a) the day, the hour and the place of the special district

meeting, and

(

b) the nature of the business to be transacted at the meeting

shall be mailed by ordinary mail to all the persons who are entitled to

attend an annual district meeting at least 30 days prior to the date of the

special meeting.

(4) The order of business for a special district meeting shall be as set

by the district executive or as requested by the Council.

(5) The provisions governing the conduct of a vote and the qualifications

to vote at an annual district meeting apply to a special district meeting

held under this section.

Notice of district executive meetings

27(1) Notice of meetings of a district executive, other than an annual

district meeting or a special district meeting, shall be given by ordinary

mail or orally to those persons entitled to attend the meetings of the

district executive.

(2) Notice given under subsection (1) shall be given not less than 7 days

before the meeting is to commence.

Quorum

28 The quorum necessary for the conduct of business is

(

a) in the case of a meeting of a district executive, a majority of

the persons who hold positions on the district executive for that district

at the time of the meeting;

(

b) in the case of an annual district meeting or a special district

meeting, 10 persons who are entitled to be at the meeting.

Division 3

Commission

Board of directors

29 The Commission shall have a board of directors consisting of 10

directors, with 2 directors being elected from each of the 5 districts.

President of Commission, etc.

30(1) The district delegates at the annual Commission meeting shall

nominate from the members of the board

(

a) a person to be the president of the Commission, and

(

b) a person to be the vice-president of the Commission.

(2) The election of the president and vice-president of the Commission

shall be conducted at the annual Commission meeting.

Annual Commission meetings

31(1) An annual Commission meeting shall be held in every year.

(2) An annual Commission meeting shall be commenced within 13 months from

the conclusion of the last annual Commission meeting.

(3) The annual Commission meeting shall be held at a place and on a date

as the Commission may, by resolution, determine.

(4) The Commission shall, prior to any annual district meeting being held

and at least 30 days prior to the annual Commission meeting being held,

advise each district secretary of the time, place and date of the annual

Commission meeting.

(5) The Commission secretary shall by ordinary mail advise each district

delegate of the time, place and date of the annual Commission meeting at

least 10 days prior to that meeting being held.

(6) The only persons entitled to vote at an annual Commission meeting are

persons holding positions on the Commission and the district delegates.

(7) The Commission may permit any honorary or other member referred to in

section 16 or other person to attend an annual Commission meeting.

Special Commission meetings

32(1) The Commission

(

a) may on its own initiative hold a special Commission meeting,

and

(

b) shall hold a special Commission meeting

(

i) on the written request of 30% of the producers, or

(ii) at the request of the Council.

(2) A special Commission meeting shall be held at a place and on a date

that the Commission, by resolution, determines.

(3) A written notice of

(

a) the day, the hour and the place of the special Commission

meeting, and

(

b) the nature of the business to be transacted at the meeting

shall be mailed by ordinary mail to all the persons who are entitled to

attend an annual Commission meeting at least 30 days prior to the date of

the special meeting.

(4) The order of business for a special Commission meeting shall be as set

by the Commission or as requested by the Council.

(5) The provisions governing the conduct of a vote and the qualifications

to vote at an annual district meeting or an annual Commission meeting, as

the case may be, apply to a special meeting held under this section.

Notice of Board meetings

33(1) Notice of meetings of the board shall be given by ordinary mail or

orally to those persons entitled to attend the meetings.

(2) Notice given under subsection (1) shall be given not less than 7 days

before the meeting is to commence.

Quorum

34 With respect to an annual Commission meeting or a special Commission

meeting, the quorum necessary for the conduct of business is 15 persons who

are entitled to vote at the meeting.

Division 4

Terms, Vacancies and Removal from Office

Terms of office

35(1) The term of office for the following positions is 2 years:

(

a) a member of a district executive;

(

b) a district director;

(

c) the president of the Commission;

(

d) the vice-president of the Commission;

(

e) a director of the Commission.

(2) A person may be elected to not more than 3 consecutive complete terms

of office on the board.

(3) If a person has served in one or more positions for 3 consecutive

terms of office that person is not eligible to be again elected to a

position on the board until one year has expired from the expiration of the

person's last term of office.

(4) A district delegate holds office from the time the person is elected

as a district delegate until the commencement of the next annual district

meeting.

Removal from office

36(1) Where a person is serving a term of office and that person ceases to

be a full member under this Plan, that person's term of office expires on

that person's ceasing to be a full member under this Plan.

(2) Where a person holds a position on the Commission and is absent from 3

consecutive meetings of the Commission without reasons that the Commission

considers adequate, that person's position on the board is deemed to be

vacant at the conclusion of the 3rd consecutive meeting from which that

person was absent.

(3) Where a person holds a position on the district executive and is

absent from 3 consecutive meetings of the district executive without

reasons that the district executive considers adequate, that person's

position on the district executive is deemed to be vacant at the conclusion

of the 3rd consecutive meeting from which that person was absent.

(4) Where,

(

a) in the opinion of the board, the president or vice-president of

the Commission is no longer representing the interests of the producers of

soft wheat, and

(b) 7 or more of the directors vote in favour of removing the

president or vice-president,

the board may declare the office of president or vice-president of the

Commission, as the case may be, to be vacant.

Filling of vacancies by appointment, etc.

37(1) Subject to

section 43, if a vacancy occurs

(

a) in the position of

(

i) a member of the district executive,

(ii) a director of the Commission representing a

district, or

(iii) a district delegate,

the board may

(iv) direct that a special district meeting be held

within 90 days from the day that the vacancy occurred and that an election

be held at that meeting to fill the vacant position, or

(

v) direct the district executive to appoint a person

to that position who is eligible to fill that position,

(

b) in the position of president or vice-president of the

Commission, the board may

(

i) hold a special Commission meeting and conduct an

election at that meeting to fill the vacant position, or

(ii) appoint a person to that vacant position who is

eligible to fill that position.

(2) If the Council declares, other than under

section 43, that an election

is invalid, it may

(

a) direct that the position in respect of which the election is

declared invalid be filled as if a vacancy had occurred in that position,

(

b) direct that another election be held.

(3) Where a person in accordance with this

section is appointed or elected

to fill a vacancy, the term of office of that person terminates at the

conclusion of the next annual Commission meeting.

PART 3

VOTING AND ELECTIONS

Eligibility to vote at an annual meeting

38(1) In order to vote on any question put to a vote or in any election

held

(

a) at an annual district meeting, a person must be a full member,

(

b) at an annual Commission meeting, a person must either hold a

position on the board or be a district delegate.

(2) A person who holds a position on the board or is a district delegate

is eligible to vote on any question put to a vote or in any election held

at an annual Commission meeting if the person is present at the meeting at

which the vote or election is held.

(3) A person who is eligible to vote under this Plan may vote once only on

each matter notwithstanding that the person may manage or operate or own,

lease or hold equity in 2 or more operations.

Voters must be on current list

39 A person who is entitled to vote under this Plan shall not cast a vote

under this Plan at an annual district meeting or an annual Commission

meeting unless that person's name

(

a) appears on the current list of members, or

(

b) is added to the current list of members prior to that person's

vote being taken or cast.

Secret ballot

40 Voting on a motion shall be carried out by secret ballot when so

requested by 3 or more persons entitled to vote at the meeting at which the

vote is to be held.

Tie votes

41 Where a question is voted on under this Plan and there is a tie vote,

the question is defeated.

Returning officer

42(1) The Commission shall appoint a returning officer for the purposes of

and in connection with any election or vote held under this Plan at an

annual Commission meeting or a special Commission meeting.

(2) The district executive shall appoint a returning officer for the

purposes of and in connection with any election or vote held under this

Plan at an annual district meeting or a special district meeting.

(3) The returning officer may appoint individuals as deputy returning

officers to assist in the conduct of elections and votes under this Plan.

(4) The returning officer shall

(

a) in the case of an annual district meeting, compile and maintain

a voters list of members who are entitled to vote at the meeting,

(

b) in the case of an annual Commission meeting, compile and

maintain a voters list of the persons who hold positions on the board and

the district delegates who are entitled to vote at the meeting,

(

c) ensure that a person does not cast a vote, except in accordance

with this Plan, and

(

d) permit scrutiny of the actions of the returning officer and the

deputy returning officers by a scrutineer in respect of the conduct of an

election or a vote held under this Plan.

(5) There shall not be more than 3 scrutineers for any vote and, if

requested by at least 5 persons entitled to vote at the meeting, the

scrutineers shall be elected by those entitled to vote at the meeting.

(6) Unless otherwise directed by the Council, no person shall destroy any

records or ballots in respect of a vote or election held under this Plan

until 90 days have elapsed from the day on which the vote was taken.

Controverted election

43(1) If a producer who is a full member

(

a) questions

(

i) the eligibility of a candidate,

(ii) the eligibility of a voter,

(iii) any matter relating to a ballot or the tabulation

of ballots, or

(iv) any other irregularity with respect to the conduct

of an election,

and

(

b) seeks to have the election declared invalid and the position

declared vacant,

the producer shall, not later than 15 days after the day on which the

election was held, apply in writing to the Council to have the election

declared invalid and the position declared vacant.

(2) If, within the 15-day period referred to in subsection (1), the

Council has not received an application under subsection (1), a person

elected at that election is deemed to be duly elected.

(3) On receipt of an application under subsection (1), the Council shall

consider the matter and may

(

a) declare the election to be proper and the position filled, if,

in the opinion of the Council, there is no basis for the application,

(

b) declare the election to be proper and the position filled,

notwithstanding that there is a basis for the application, if, in the

opinion of the Council,

(

i) the basis for the application did not materially

affect the result of the election, and

(ii) the election was conducted substantially in

accordance with this Plan and the Act,

(

c) declare the election to be void and the position vacant, if, in

the opinion of the Council, there is a basis for the application and the

basis is sufficient to, or did, affect the result of the election.

(4) Notwithstanding that an election is declared void and a position is

declared vacant under subsection (3)(c), the term of office of the position

declared vacant is nevertheless deemed to have commenced on the day that

the voided election was held.

(5) If the Council declares an election to be void and the position

vacant, the Council may

(

a) in the case of an election held

(

i) at an annual district meeting or a special district

meeting, order that, within the time that the Council considers proper, a

special district meeting be held and an election conducted at that special

meeting to fill the vacant position, or

(ii) at an annual Commission meeting or a special

Commission meeting, order that, within the time that the Council considers

proper, a special Commission meeting be held and an election conducted at

that special meeting to fill the vacant position,

(

b) appoint from among the persons who are eligible to be elected

to the position, an individual to fill the vacant position.

(6) Where a person fills a position under subsection (5), that person

shall serve for the unexpired portion of the term.

PART 4

TRANSITIONAL PROVISION, REVIEW AND REPEAL

Transitional re directors

44 The directors of the Commission who held office immediately before the

coming into force of this Regulation shall continue to hold office on the

board until their terms of office expire, or their successors to the

positions are sooner elected or they are replaced under this Regulation.

Review

45 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before December 31, 2003.

Repeal

46 The Alberta Soft Wheat Producers Plan Regulation (AR 226/90) is

repealed.

SCHEDULE

DISTRICTS

District #1

1 District 1 is made up of the area that is included in the following:

(

a) County of 40 Mile No. 8;

(

b) Cypress County;

(

c) any city, town, village or summer village that is encompassed

by the area described in clauses (

a) and (b).

District #2

2 District 2 is made up of the area that is included in the following:

(

a) Vulcan County;

(

b) that part of the Municipal District of Taber No. 14 that is

located north of the Old Man River;

(

c) any city, town, village or summer village that is encompassed

by the area described in clauses (

a) and (b).

District #3

3 District 3 is made up of the area that is included in the following:

(

a) County of Warner No. 5;

(

b) that part of the Municipal District of Taber No. 14 that is

located south of the Old Man River;

(

c) any city, town, village or summer village that is encompassed

by the area described in clauses (

a) and (b).

District #4

4 District 4 is made up of the area that is included in the following:

(

a) County of Newell No. 4;

(

b) Wheatland County;

(

c) the remainder of Alberta not otherwise included in a district;

(

d) any city, town, village or summer village that is encompassed

by the area described in clauses (

a) to (c).

District #5

5 District 5 is made up of the area that is included in the following:

(

a) County of Lethbridge No. 26;

(

b) Municipal District of Cardston No. 6;

(

c) Municipal District of Willow Creek No. 26;

(

d) Municipal District of Pincher Creek No. 9;

(

e) any city, town, village or summer village that is encompassed

by the area described in clauses (

a) to (d).

Alberta Regulation 24/99

Women's Institute Act

FORMS REGULATION

Filed: February 3, 1999

Made by the Lieutenant Governor in Council (O.C. 39/99) pursuant to

section

9 of the Women's Institute Act.

1 The forms in the

Schedule are the forms prescribed for the purposes of

the sections of the Women's Institute Act indicated on the forms.

2 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 December 31, 2003.

3 The Forms Regulation (AR 498/81) is repealed.

SCHEDULE

APPLICATION TO INCORPORATE AN INSTITUTE

(Section 9)

To the President, The Alberta Women's Institutes:

We, the undersigned, hereby apply to be formed into an institute under the

Women's Institute Act.

The proposed name of the institute is "The Women's

Institute".

The proposed chief office of the institute is at

Alberta.

Each of the undersigned declares:

1 that she is over 16 years of age,

2 that she is a resident of Alberta and of the community to be served by

the institute, and

3 that she is not a member of any other institute formed under this Act.

Dated at on

(date) .

Name P.O. Address

CERTIFICATE VERIFYING APPLICATION

CANADA )

PROVINCE OF ALBERTA )

I, , of , in the

Province of Alberta, hereby certify:

1 that I am one of the subscribers to the foregoing (or annexed)

application, and

2 that I believe that the statements made in the application by each of

the applicants are true.

(Subscriber)

CERTIFICATE OF INCORPORATION

(Section 9)

This is to certify that, application having been duly made for the

incorporation of an institute with chief office at , and

the institute having been declared by me to be organized, "The

Women's Institute" is a corporation with the objects and powers

attaching to it by virtue of the Women's Institute Act.

Dated: .

President, The Alberta Women's Institutes

(SEAL)

CERTIFICATE OF INCORPORATION OF WOMEN'S

INSTITUTE GIRLS' CLUB

(Section 35)

This is to certify that the Women's Institute Girls'

Club has been approved by me, and is declared to be organized as a

corporation with the objects and powers attaching to it by virtue of the

Women's Institute Act.

Dated: .

President, The Alberta Women's Institutes

(SEAL)

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

Alberta Regulation 25/99

Marketing of Agricultural Products Act

APPEAL TRIBUNAL OPERATIONS REPEAL REGULATION

Filed: February 5, 1999

Made by the Alberta Agricultural Products Marketing Council pursuant to

section 13 of the Marketing of Agricultural Products Act.

Repeal

1 The Appeal Tribunal Operations Regulation (AR 198/92) is repealed.

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

Alberta Regulation 26/99

Marketing of Agricultural Products Act

OPERATION OF BOARDS AND COMMISSIONS REGULATION

Filed: February 5, 1999

Made by the Alberta Agricultural Products Marketing Council pursuant to

section 20 of the Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Form and reporting of minutes 2

Investment of assets 3

Financial reporting 4

Disclosure requirements 5

Repeal 6

Expiry 7

Definitions

1 In this Regulation,

(a) "annual financial statement" means the document required under

section 4(1);

(b) "body" means a board or commission, as the case may be;

(c) "Council" means the Alberta Agricultural Products Marketing

Council;

(d) "producer" means a registered producer, eligible producer or a

registered grower referred to in a plan that is administered by a body.

Form and reporting of minutes

2 A body shall

(

a) ensure that the minutes of its meetings are signed by its chair

and a designated officer and indicate the date of approval of those

minutes,

(

b) forward to the Council within a period specified by the Council

a copy of the minutes of each of its meetings, and

(

c) forward to the Council a notice of each of its meetings as soon

as the notice is issued.

Investment of assets

3 When investing its assets, a body shall comply with the requirements of

the Trustee Act relating to the investment of trust assets unless otherwise

authorized by the Council.

Financial reporting

4(1) A body shall prepare an annual financial statement respecting its

operations.

(2) A body and any other person responsible for the preparation of its

annual financial statement shall ensure that the statement is prepared in

accordance with

(

a) generally accepted accounting principles (GAAP), and

(

b) the accounting recommendations of the Canadian Institute of

Chartered Accountants set out in the Handbook published by that Institute,

as amended from time to time.

(3) An annual financial statement shall be accompanied by an auditor's

report on the statement.

(4) In conducting an examination of a body's financial statement and in

preparing a report under subsection (3), an auditor shall apply generally

accepted auditing standards, including the auditing recommendations of the

Canadian Institute of Chartered Accountants set out in the Handbook

published by that Institute, as amended from time to time.

(5) At each annual meeting of producers or of delegates or representatives

of zones, areas or districts, as the case may be, a body shall present

(

a) its annual financial statement,

(

b) an auditor's report on that financial statement,

(

c) a general report of the body's operations for that fiscal year,

and

(

d) its budget for the upcoming fiscal year.

(6) A body shall

(

a) provide to the Council a copy of each document referred to in

subsection (5) on the earlier of

(

i) the annual meeting referred to in subsection (5),

and

(ii) the day that is 3 months after the end of each

fiscal year of the body,

and

(

b) notify each producer that a copy of each document referred to

in subsection (5) is available on request.

Disclosure requirements

5(1) Where a body receives, controls, remits or disburses money, other

than service charges or licence fees, on behalf of producers or any other

persons, the body shall

(

a) disclose separately in its annual financial statement all the

amounts received, controlled, remitted or disbursed on behalf of those

producers and other persons, and

(

b) include in the notes of the auditor's report on its annual

financial statement a description of

(

i) all funds held on behalf of those producers and

other persons,

(ii) the balance of each of those funds, and

(iii) the relationship between the body and those

producers and other persons.

(2) For the purposes of subsection (1), a body shall make separate

disclosure of the following:

(

a) the gross amount received by the body on behalf of producers;

(

b) the gross amount received by the body on behalf of other

persons;

(

c) the gross amount remitted or disbursed by the body to

producers;

(

d) the gross amount remitted or disbursed by the body to other

persons;

(

e) any amounts held by the body on behalf of producers and other

persons;

(

f) any interest earned on amounts held by the body on behalf of

producers and other persons;

(

g) any other amounts not referred to in clause (

c) or (

d) that are

remitted or disbursed by the body to producers or other persons.

Repeal

6 The Operation of Producer Boards Regulation (AR 48/78) and the

Operation of Marketing Commissions Regulation (AR 103/78) are repealed.

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 December 31, 2003.

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

Alberta Regulation 27/99

Environmental Protection and Enhancement Act

Forests Act

FOREST RESOURCES IMPROVEMENT AMENDMENT REGULATION

Filed: February 8, 1999

Made by the Lieutenant Governor in Council (O.C. 24/99) pursuant to

section

35 of the Environmental Protection and Enhancement Act and sections 4 and

30 of the Forests Act.

1 The Forest Resources Improvement Regulation (AR 152/97) is amended by

this Regulation.

Section 1 is amended by adding the following after clause (e):

(f) "TMR" means the Timber Management Regulation (AR 60/73).

Section 5 is repealed and the following is substituted:

FRIAA dues

5(1) Where a person is required to pay timber dues under

Schedule 3

or 5 of the TMR, the person, whether or not a member of the Association,

shall pay FRIAA dues to the Association in an amount determined by the

Association that is based on the volume of timber on which the timber dues

are based.

(2) The FRIAA dues under subsection (1) are due and owing to the

Association when the timber dues referred to in subsection (1) are due and

owing to the Crown.

(3) The timber dues under

Schedule 3 of the TMR for coniferous

timber are adjusted to net out an amount that is the lesser of

(

a) the FRIAA dues in respect of the timber, and

(

b) the amount determined in accordance with

Schedule 1

of this Regulation in respect of the timber.

(4) The timber dues under

Schedule 5 of the TMR for deciduous timber

are adjusted to net out an amount that is the lesser of

(

a) the FRIAA dues in respect of the timber, and

(

b) the amount determined in accordance with

Schedule 2

of this Regulation in respect of the timber.

4 The

Schedule is repealed and the following is substituted:

SCHEDULE 1

MAXIMUM TIMBER DUES ADJUSTMENT

FOR CONIFEROUS TIMBER

The maximum adjustment of timber dues under

Schedule 3 of the TMR for

coniferous timber is the rate set out in Column 2 of Parts A and B of this

Schedule that is opposite the range of prices set out in Column 1 of Parts

A and B of this

Schedule for the reduced average price for that timber

calculated in accordance with

Schedule 3 of the TMR.

PART A

For first 107 296 cubic metres of roundwood in

respect of which the dues determination activity

occurs during May 1 to April 30

Column 1 Column 2

Random Lengths Maximum Timber Dues

Price in $ per Adjustment per Cubic

1000 Board Feet Metre of Roundwood

$0.01 - $333.02 $0.00

333.03 - 341.41 0.00

341.42 - 349.79 0.00

349.80 - 358.18 0.00

358.19 - 366.56 0.00

366.57 - 376.56 0.12

376.57 - 386.56 0.35

386.57 - 396.56 0.58

396.57 - 406.56 0.82

406.57 - 416.56 1.07

416.57 - 426.56 1.35

426.57 - 436.56 1.63

436.57 - 446.56 1.91

446.57 - 456.56 2.21

456.57 - 466.56 2.54

466.57 - 476.56 2.87

476.57 - 486.56 3.19

486.57 - 496.56 3.54

496.57 - 506.56 3.91

506.57 - 516.56 4.29

516.57 - 526.56 4.66

526.57 - 536.56 5.06

536.57 - 546.56 5.48

546.57 - 556.56 5.89

556.57 - 566.56 6.31

566.57 - 576.56 6.76

576.57 - 586.56 7.22

586.57 - 596.56 7.69

596.57 - 606.56 8.16

606.57 - 616.56 8.62

616.57 - 626.56 9.09

626.57 - 636.56 9.55

636.57 - 646.56 10.02

646.57 - 656.56 10.49

656.57 - 666.56 10.95

666.57 - 676.56 11.42

676.57 - 686.56 11.88

686.57 - 696.56 12.35

696.57 - 706.56 12.82

706.57 - 716.56 13.28

716.57 - 726.56 13.75

726.57 - 736.56 14.21

736.57 - 746.56 14.68

746.57 - 756.56 15.15

756.57 - 766.56 15.61

766.57 - 776.56 16.08

776.57 - 786.56 16.54

786.57 - 796.56 17.01

796.57 - 806.56 17.48

806.57 - 816.56 17.94

816.57 - 826.56 18.41

826.57 - 836.56 18.87

836.57 - 846.56 19.34

846.57 - 856.56 19.81

856.57 - 866.56 20.27

866.57 - 876.56 20.74

876.57 - 886.56 21.20

886.57 - 896.56 21.67

896.57 - 906.56 22.14

906.57 - 916.56 22.60

916.57 - 926.56 23.07

926.57 - 936.56 23.53

936.57 - 946.56 24.00

946.57 - 956.56 24.47

956.57 - 966.56 24.93

966.57 - 976.56 25.40

976.57 - 986.56 25.86

986.57 - 996.56 26.33

996.57 - 1006.56 26.80

1006.57 - 1016.56 27.26

1016.57 - 1026.56 27.73

1026.57 - 1036.56 28.19

1036.57 - 1046.56 28.66

1046.57 - 1056.56 29.13

1056.57 - 1066.56 29.59

1066.57 - 1076.56 30.06

1076.57 - 1086.56 30.52

1086.57 - 1096.56 30.99

1096.57 - 1106.56 31.46

1106.57 - 1116.56 31.92

1116.57 - 1126.56 32.39

1126.57 - 1136.56 32.85

1136.57 - 1146.56 33.32

1146.57 - 1156.56 33.79

1156.57 - 1166.56 34.25

1166.57 - 1176.56 34.72

1176.57 - 1186.56 35.18

1186.57 - 1196.56 35.65

1196.57 - 1206.56 36.12

1206.57 - 1216.56 36.58

1216.57 - 1226.56 37.05

1226.57 - 1236.56 37.51

1236.57 - 1246.56 37.98

1246.57 - 1256.56 38.45

1256.57 - 1266.56 38.91

1266.57 - 1276.56 39.38

1276.57 - 1286.56 39.84

1286.57 - 1296.56 40.31

1296.57 - 1306.56 40.78

1306.57 - 1316.56 41.24

1316.57 - 1326.56 41.71

1326.57 - 1336.56 42.17

1336.57 - 1346.56 42.64

1346.57 - 1356.56 43.11

1356.57 - 1366.56 43.57

1366.57 - 1376.56 44.04

1376.57 - 1386.56 44.50

1386.57 - 1396.56 44.97

1396.57 - 1406.56 45.44

1406.57 - 1416.56 45.90

1416.57 - 1426.56 46.37

1426.57 - 1436.56 46.83

1436.57 - 1446.56 47.30

1446.57 - 1456.56 47.77

1456.57 - 1466.56 48.23

1466.57 - 1476.56 48.70

1476.57 - 1486.56 49.16

1486.57 - 1496.56 49.63

1496.57 - 1506.56 50.10

PART B

Excess over 107 296 cubic metres of roundwood

in respect of which the dues determination activity

occurs during May 1 to April 30

Column 1 Column 2

Random Lengths Maximum Timber Dues

Price in $ per Adjustment per Cubic

1000 Board Feet Metre of Roundwood

$0.01 - $268.84 $0.00

268.85 - 278.63 0.00

278.64 - 288.42 0.00

288.43 - 298.21 0.00

298.22 - 308.00 0.00

308.01 - 318.00 0.12

318.01 - 328.00 0.35

328.01 - 338.00 0.58

338.01 - 348.00 0.82

348.01 - 358.00 1.07

358.01 - 368.00 1.35

368.01 - 378.00 1.63

378.01 - 388.00 1.91

388.01 - 398.00 2.21

398.01 - 408.00 2.54

408.01 - 418.00 2.87

418.01 - 428.00 3.19

428.01 - 438.00 3.54

438.01 - 448.00 3.91

448.01 - 458.00 4.29

458.01 - 468.00 4.66

468.01 - 478.00 5.06

478.01 - 488.00 5.48

488.01 - 498.00 5.89

498.01 - 508.00 6.31

508.01 - 518.00 6.76

518.01 - 528.00 7.22

528.01 - 538.00 7.69

538.01 - 548.00 8.16

548.01 - 558.00 8.62

558.01 - 568.00 9.09

568.01 - 578.00 9.55

578.01 - 588.00 10.02

588.01 - 598.00 10.49

598.01 - 608.00 10.95

608.01 - 618.00 11.42

618.01 - 628.00 11.88

628.01 - 638.00 12.35

638.01 - 648.00 12.82

648.01 - 658.00 13.28

658.01 - 668.00 13.75

668.01 - 678.00 14.21

678.01 - 688.00 14.68

688.01 - 698.00 15.15

698.01 - 708.00 15.61

708.01 - 718.00 16.08

718.01 - 728.00 16.54

728.01 - 738.00 17.01

738.01 - 748.00 17.48

748.01 - 758.00 17.94

758.01 - 768.00 18.41

768.01 - 778.00 18.87

778.01 - 788.00 19.34

788.01 - 798.00 19.81

798.01 - 808.00 20.27

808.01 - 818.00 20.74

818.01 - 828.00 21.20

828.01 - 838.00 21.67

838.01 - 848.00 22.14

848.01 - 858.00 22.60

858.01 - 868.00 23.07

868.01 - 878.00 23.53

878.01 - 888.00 24.00

888.01 - 898.00 24.47

898.01 - 908.00 24.93

908.01 - 918.00 25.40

918.01 - 928.00 25.86

928.01 - 938.00 26.33

938.01 - 948.00 26.80

948.01 - 958.00 27.26

958.01 - 968.00 27.73

968.01 - 978.00 28.19

978.01 - 988.00 28.66

988.01 - 998.00 29.13

998.01 - 1008.00 29.59

1008.01 - 1018.00 30.06

1018.01 - 1028.00 30.52

1028.01 - 1038.00 30.99

1038.01 - 1048.00 31.46

1048.01 - 1058.00 31.92

1058.01 - 1068.00 32.39

1068.01 - 1078.00 32.85

1078.01 - 1088.00 33.32

1088.01 - 1098.00 33.79

1098.01 - 1108.00 34.25

1108.01 - 1118.00 34.72

1118.01 - 1128.00 35.18

1128.01 - 1138.00 35.65

1138.01 - 1148.00 36.12

1148.01 - 1158.00 36.58

1158.01 - 1168.00 37.05

1168.01 - 1178.00 37.51

1178.01 - 1188.00 37.98

1188.01 - 1198.00 38.45

1198.01 - 1208.00 38.91

1208.01 - 1218.00 39.38

1218.01 - 1228.00 39.84

1228.01 - 1238.00 40.31

1238.01 - 1248.00 40.78

1248.01 - 1258.00 41.24

1258.01 - 1268.00 41.71

1268.01 - 1278.00 42.17

1278.01 - 1288.00 42.64

1288.01 - 1298.00 43.11

1298.01 - 1308.00 43.57

1308.01 - 1318.00 44.04

1318.01 - 1328.00 44.50

1328.01 - 1338.00 44.97

1338.01 - 1348.00 45.44

1348.01 - 1358.00 45.90

1358.01 - 1368.00 46.37

1368.01 - 1378.00 46.83

1378.01 - 1388.00 47.30

1388.01 - 1398.00 47.77

1398.01 - 1408.00 48.23

1408.01 - 1418.00 48.70

1418.01 - 1428.00 49.16

1428.01 - 1438.00 49.63

1438.01 - 1448.00 50.10

1448.01 - 1458.00 50.56

1458.01 - 1468.00 51.03

1468.01 - 1478.00 51.49

1478.01 - 1488.00 51.96

1488.01 - 1498.00 52.43

1498.01 - 1508.00 52.89

SCHEDULE 2

MAXIMUM TIMBER DUES ADJUSTMENT

FOR DECIDUOUS TIMBER

The maximum adjustment of timber dues under

Schedule 5 of the TMR for

deciduous timber is the rate set out in Column 2 of this

Schedule that is

opposite the range of prices set out in Column 1 of this

Schedule for the

adjusted price for that timber calculated in accordance with

Schedule 5 of

the TMR.

COLUMN 1 COLUMN 2

Hardwood Kraft Pulp Maximum Timber

Price Range per Air Dues Adjustment

Dried Tonne per Cubic Metre

of Roundwood

$0.00 - $749.99 $0.00

750.00 - 774.99 0.00

775.00 - 799.99 0.00

800.00 - 824.99 0.00

825.00 - 849.99 0.00

850.00 - 874.99 0.07

875.00 - 899.99 0.13

900.00 - 924.99 0.19

925.00 - 949.99 0.26

950.00 - 974.99 0.40

975.00 - 999.99 0.48

1000.00 - 1024.99 0.55

1025.00 - 1049.99 0.62

1050.00 - 1074.99 0.82

1075.00 - 1099.99 0.90

1100.00 - 1124.99 0.98

1125.00 - 1149.99 1.06

1150.00 - 1174.99 1.31

1175.00 - 1199.99 1.40

1200.00 - 1224.99 1.50

1225.00 - 1249.99 1.59

1250.00 - 1274.99 1.89

1275.00 - 1299.99 1.99

1300.00 - 1324.99 2.09

1325.00 - 1349.99 2.19

1350.00 - 1374.99 2.55

1375.00 - 1399.99 2.66

1400.00 - 1424.99 2.77

1425.00 - 1449.99 2.88

1450.00 - 1474.99 3.28

1475.00 - 1499.99 3.41

1500.00 - 1524.99 3.53

1525.00 - 1549.99 3.65

1550.00 - 1574.99 4.11

1575.00 - 1599.99 4.24

1600.00 - 1624.99 4.37

1625.00 - 1649.99 4.50

1650.00 - 1674.99 5.01

1675.00 - 1699.99 5.15

1700.00 - 1724.99 5.30

1725.00 - 1749.99 5.44

1750.00 - 1774.99 6.00

1775.00 - 1799.99 6.15

1800.00 - 1824.99 6.30

1825.00 - 1849.99 6.46

1850.00 - 1874.99 7.06

1875.00 - 1899.99 7.22

1900.00 - 1924.99 7.39

1925.00 - 1949.99 7.55

1950.00 - 1974.99 8.21

1975.00 - 1999.99 8.38

2000.00 - 2024.99 8.56

2025.00 - 2049.99 8.73

5 This Regulation comes into force on March 1, 1999.

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

Alberta Regulation 28/99

Forests Act

TIMBER MANAGEMENT AMENDMENT REGULATION

Filed: February 8, 1999

Made by the Lieutenant Governor in Council (O.C. 25/99) pursuant to

sections 4 and 30 of the Forests Act.

1 The Timber Management Regulation (AR 60/73) is amended by this

Regulation.

Section 2 is amended by repealing clause 17 and substituting the

following:

17 "roundwood timber products" means building logs, fence posts,

pilings, poles, rails and similar products;

3 The following is added after

section 2:

2.1 In addition to the products specified in

section 1(

j) of the

Act, the following are designated as primary timber products for the

purposes of the Act and its regulations:

(

a) pulp and newsprint;

(

b) oriented strand board, particle board and

fibreboard;

(

c) veneer, laminated veneer lumber and plywood;

(

d) roundwood timber products;

(

e) firewood;

(

f) sawdust, wood wool, wood flour and wood shavings;

(

g) hoopwood, split poles, pickets, stakes and staves;

(

h) roughly squared timber, railway ties and cross ties

and landscaping timber and ties;

(

i) lath and lath bolts;

(

j) shakes, shingles and shingle bolts;

(

k) Christmas trees, seedlings and saplings.

Section 39 is amended by repealing subsections (2) and (3) and

substituting the following:

(2) The Minister may establish that the bidding with respect to the

sale of a commercial timber permit sold by tender or auction is restricted

(

a) to lump sum bids for all timber to be harvested

under the permit regardless of the actual amount or species of timber

harvested, or

(

b) to bids based on a per cubic metre of roundwood

harvested for a primary species group of either coniferous or deciduous

timber as determined by the Minister.

(3) When bidding is restricted to lump sum bids referred to in

subsection (2)(a), the minimum bid is established by the Minister and may

not be less than the total of the amounts in clauses (

a) and (b):

(a) $1.40 times the Minister's estimate of the number

of cubic metres of coniferous roundwood to be harvested;

(

b) the base rate times the Minister's estimate of the

number of cubic metres of deciduous roundwood to be harvested.

(4) When bidding is restricted to volume bids referred to in

subsection (2)(b), the Minister may establish the minimum bid.

5 Sections 40 and 41 are repealed and the following is substituted:

40(1) This

section sets out the requirements respecting the security

to be deposited for a commercial timber permit

(

a) sold by tender or auction in which the bidding was

restricted to volume bids under

section 39(2)(b), or

(

b) sold by direct sale.

(2) The security must be deposited with the Minister

(

a) when the bid for the permit is submitted in the

case of a permit sold by tender or auction, and

(

b) before the permit is issued in the case of a permit

sold by direct sale.

(3) The amount of the security is the total of the amounts

calculated under clauses (

a) and (b):

(

a) the greater of

(i) $1000, and

(ii) based on the volume of coniferous and

deciduous timber to be harvested under the permit as estimated by the

Minister, the total of $0.50 per cubic metre for the first 4000 cubic

metres, $0.20 per cubic metre for the next 15 000 cubic metres and $0.04

per cubic metre for any additional cubic metres;

(

b) an amount specified by the Minister that is not

less than $1000 and not greater than the total of the amounts calculated

under subclauses (

i) to (iv):

(

i) an amount calculated by multiplying the

Minister's estimate of the number of cubic metres of coniferous timber to

be harvested times the rate of the reforestation levy under

section

143.9(4)(a)(ii)(A), as adjusted by

section 144, that is in effect when the

permit is issued;

(ii) an amount calculated by multiplying the

Minister's estimate of the number of cubic metres of deciduous timber to be

harvested times the rate of the reforestation levy under

section

143.9(4)(b)(i), as adjusted by

section 144, that is in effect when the

permit is issued;

(iii) an amount calculated by multiplying the

Minister's estimate of the number of cubic metres of coniferous timber to

be harvested times the average of the rates of timber dues for coniferous

lumber as determined under Part A of the Table in

Schedule 3 for

(

A) the month that the notice

of sale is given and the preceding 11 months in respect of a permit sold by

tender or auction, and

(

B) the month that the permit

is sold and the preceding 11 months in respect of a permit sold by direct

sale;

(iv) an amount calculated by multiplying the

Minister's estimate of the number of cubic metres of deciduous timber to be

harvested times the greater of the average rates of timber dues for

(

A) deciduous pulp

(

I) for the month that

the notice of sale is given and the preceding 11 months in respect of a

permit sold by tender or auction, or

(II) for the month

that the permit is sold and the preceding 11 months in respect of a permit

sold by direct sale,

and

(

B) oriented strand board for

the last 12 months for which a rate of dues can be determined starting from

(

I) the month that

the notice of sale is given in respect of a permit sold by tender or

auction, or

(II) the month that

the permit is sold in respect of a permit sold by direct sale.

40.1(1) This

section sets out the requirements respecting the

security to be deposited for a commercial timber permit sold by tender or

auction in which the bidding was restricted to lump sum bids under

section

39(2)(a).

(2) The security must be deposited with the Minister when the bid

for the permit is submitted to the Minister.

(3) The amount of the security is the greater of

(a) $1000, and

(

b) based on the volume of coniferous and deciduous

timber to be harvested under the permit as estimated by the Minister, the

total of $0.50 per cubic metre for the first 4000 cubic metres, $0.20 per

cubic metre for the next 15 000 cubic metres and $0.04 per cubic metre for

any additional cubic metres.

41(1) Sections 30, 31, 32, 33 and 34 apply with all the necessary

modifications to a security referred to in

section 40.

(2) Sections 29, 30, 31, 32, 33 and 34 apply with all the necessary

modifications to a security referred to in

section 40.1.

Section 49(

a) is amended by striking out "green roundwood".

Section 75 is repealed and the following is substituted:

75 In this Part,

(a) "dues determination activity" means the activity

specified by the Minister under

section 78.1 used to determine when timber

dues are calculated;

(b) "ground rules" in respect of timber harvested under

a disposition means the ground rules specified in the disposition or, if

none are specified in the disposition, the Alberta Timber Harvest Planning

and Operating Ground Rules published by the Department of Environmental

Protection and approved by the Minister;

(c) "utilization standard" means, in respect of a log,

the utilization standard for the log established in the timber disposition

under which the log is harvested.

Section 76(

d) is amended by adding ", manufactured" after "scaled".

9 The following is added after

section 76:

76.1 For the purposes of the calculation of timber dues, the

Minister may deem that timber harvested under a disposition has been scaled

or sold or a primary timber product has been manufactured or sold if the

timber or primary timber product, in the Minister's opinion,

(

a) has been wasted or allowed to deteriorate beyond a

useful state,

(

b) has been destroyed by acts of nature or by man,

(

c) has been given away,

(

d) is lost or has been stolen,

(

e) has not been disposed of within a reasonable period

of time, or

(

f) has been used for any purpose by the disposition

holder.

Section 77 is amended

(

a) by adding "or" at the end of clause (a);

(

b) by repealing clause (b).

Section 78(2) is amended by adding "deciduous" before "timber

licence".

12 The following is added after

section 78:

78.1(1) The Minister is responsible for determining whether timber

dues under a disposition to which this Division applies are calculated when

timber harvested under the disposition is scaled or sold or when a primary

timber product derived from that timber is manufactured or sold by the

disposition holder.

(2) The Minister may from time to time change when timber dues to

which this Division applies are to be calculated if

(

a) the change is agreed to by the disposition holder

who is liable to pay the timber dues, or

(

b) the Minister gives the disposition holder liable to

pay the timber dues written notice of the change at least 30 days before

the change is to become effective.

Section 80 is repealed and the following is substituted:

80 Subject to

section 5 of the Forest Resources Improvement

Regulation (AR 152/97), the general rate of timber dues for coniferous

timber that is used or will be used to make lumber, pulp or roundwood

timber products is calculated in accordance with

Schedule

Section 81 is amended

(

a) in subsection (1) by striking out "used to make lumber" and

substituting "that is used or will be used to make lumber, pulp or

roundwood timber products";

(

b) by repealing subsections (3) and (4) and substituting the

following:

(3) The timber dues for a small stem log that has, after being

scaled in accordance with the Scaling Regulation (AR 403/92), an average

gross volume per metre of length that is less than or equal to 0.024 cubic

metres are the base rate.

(4) The timber dues for

(

a) a tree that is not merchantable as defined by the

harvesting ground rules that apply to the disposition, or

(

b) the portion of a log that is above the top diameter

of the utilization standard for the log

are $0.27 per cubic metre of roundwood.

(

c) by repealing subsection (10) and substituting the following:

(10) If the Minister is satisfied that a percentage of

coniferous timber in an area is endangered by acts of nature or by

development that is not authorized under the Act, the timber dues for that

percentage of coniferous timber harvested from the area are $1.40 per cubic

metre of roundwood.

15 The following is added after

section 81:

81.1(1) In this section, "merchantable trees" in respect of trees in

an area covered by a disposition means merchantable trees as defined by the

harvesting ground rules that apply to the disposition and includes both

coniferous and deciduous trees.

(2) In addition to the exceptions in

section 81, this

section sets

out exceptions to the general rate of timber dues for coniferous timber

that is used or will be used to make pulp.

(3) The timber dues for timber harvested from a marginal stand as

described in subsection (4) are the base rate if

(

a) the stand has been designated as a marginal stand

in the annual operating plan of the disposition holder, and

(

b) the timber is scaled or measured to the

satisfaction of the Minister and recorded and identified separately to the

satisfaction of the Minister.

(4) A marginal stand is a contiguous area of timber of not

less than 4 hectares in size composed of timber that has similar

characteristics and meets one or more of the following conditions:

(

a) the average volume of roundwood per hectare of the

stand's merchantable trees is less than 50 cubic metres;

(

b) the average number of the stand's merchantable

trees required to make one cubic metre of roundwood is 6 or more;

(

c) the stand meets the characteristics determined by

the Minister.

81.2(1) In addition to the exceptions in

section 81, this

section

sets out exceptions to the general rate of timber dues for coniferous

timber that is used or will be used to make roundwood timber products.

(2) If a roundwood timber product

(

a) exceeds 2.4 metres but does not exceed 3 metres in

length and has a peeled top diameter that does not exceed 7 centimetres, or

(

b) does not exceed 2.4 metres in length and has a

peeled top diameter that does not exceed 9 centimetres,

the timber dues for the timber from which the roundwood timber

product is made are $0.27 per cubic metre of roundwood.

(3) If a roundwood timber product has a length or diameter greater

than those described in subsection (2) and

(

a) exceeds 6.8 metres in length but does not exceed

7.4 metres in length and has a peeled top diameter that does not exceed 7

centimetres,

(

b) exceeds 5.6 metres in length but does not exceed

6.8 metres in length and has a peeled top diameter that does not exceed 11

centimetres,

(

c) exceeds 4.4 metres in length but does not exceed

5.6 metres in length and has a peeled top diameter that does not exceed 13

centimetres,

(

d) exceeds 2.2 metres in length but does not exceed

4.4 metres in length and has a peeled top diameter that does not exceed 15

centimetres, or

(

e) does not exceed 2.2 metres in length and has a

peeled top diameter that does not exceed 17 centimetres,

the timber dues for the timber from which the roundwood timber

product is made are the base rate.

81.3(1) In this section,

(a) "large coniferous logs" means coniferous logs that

are used or will be used to make pulp and that do not fall within any of

the exceptions in

section 81 or 81.1;

(b) "pulp mill production levels" for a year in respect

of a mill operated by a disposition holder means the amount of coniferous

pulp that the holder plans to manufacture at the mill in the year;

(c) "special fibre shortage" means the situation

described in subsection (2);

(d) "special timber dues" means the special timber dues

set out in subsection (4).

(2) For the purposes of this section, a special fibre shortage

exists if a disposition holder is unable to purchase a supply of fibre that

is suitable for the making of pulp due to

(

a) the availability of the fibre from traditional

suppliers of the disposition holder being reduced due to the occurrence of

a natural disaster or any fire, or

(

b) temporary disruptions in the production of fibre

from traditional suppliers of the disposition holder.

(3) Subject to the provisions of this section, if, in accordance

with good business practices, a disposition holder would purchase fibre

suitable for the making of pulp to maintain pulp mill production levels in

a year instead of using large coniferous logs harvested under the holder's

disposition and the holder, after making his best efforts, is unable to

purchase the supply of fibre because of a special fibre shortage, the

timber dues for any large coniferous logs used by the holder to make pulp

are, for the period specified by the Minister under subsection (7), the

special timber dues.

(4) The special timber dues payable by the disposition holder are

the greater of

(a) $1.40 per cubic metre of roundwood, and

(

b) the general rate for deciduous timber that is used

to make pulp calculated in accordance with

Schedule 5.

(5) If a disposition holder uses large coniferous logs to make pulp

in the situation described in subsection (3), the special timber dues apply

to those logs only if

(

a) the holder applies to the Minister to have the

special timber dues apply to the large coniferous logs,

(

b) the holder provides any information that the

Minister requires respecting the situation described in subsection (3), and

(

c) the Minister approves the application.

(6) When the Minister receives an application from a disposition

holder under subsection (5), the Minister shall provide the holder with a

decision within 14 days of receiving the information that the Minister

requires under subsection (5).

(7) If there are reasonable grounds to believe that the situation in

subsection (3) applies to the disposition holder who has made an

application under subsection (5), the Minister shall approve the

application of the special timber dues to the large coniferous logs used by

the holder to make pulp for the period specified by the Minister.

Section 82(2) is repealed and the following is substituted:

(2) The timber dues for lumber made from

(

a) a deciduous tree that is not merchantable as

defined by the harvesting ground rules that apply to the disposition, or

(

b) the portion of a deciduous log that is above the

top diameter of the utilization standard for the log

are $0.27 per cubic metre of roundwood.

Section 83 is repealed.

Section 85(2.1) is repealed.

Section 86 is repealed and the following is substituted:

86 Subject to

section 5 of the Forest Resources Improvement

Regulation (AR 152/97), the general rate of timber dues for deciduous

timber that is used or will be used to make pulp is calculated in

accordance with

Schedule

Section 87 is amended

(

a) by repealing subsections (1) and (2) and substituting the

following:

87(1) This

section sets out exceptions to the general rate of

timber dues for deciduous timber that is used or will be used to make pulp.

(

b) by repealing subsections (3) and (3.1) and substituting the

following:

(3) The timber dues for

(

a) a tree that is not merchantable as defined by the

harvesting ground rules that apply to the disposition, or

(

b) the portion of a log that is above the top diameter

of the utilization standard for the log

are $0.27 per cubic metre of roundwood.

(

c) in subsection (4) by striking out "subsections (2) and (3)" and

substituting "subsection (3)";

(

d) by repealing subsections (5) and (6) and substituting the

following:

(5) The timber dues for timber harvested in the remote zones shown

on

Schedule 5.1 are the greater of

(a) $0.20 per cubic metre of roundwood, and

(b) 50% of the general rate of timber dues calculated

in accordance with

Schedule 5.

(6) If the Minister is satisfied that a percentage of timber in an

area is dead, endangered by acts of nature or by development that is not

authorized under the Act, the timber dues for that percentage of timber

harvested from the area are the lesser of

(

a) the base rate, and

(

b) the general rate of timber dues calculated in

accordance with

Schedule

Section 88 is repealed and the following is substituted:

88 The general rate of timber dues for timber that is used or will

be used to make veneer is calculated in accordance with

Schedule

Section 89 is amended

(

a) in subsection (1) by striking out "to make veneer" and

substituting "or will be used to make veneer";

(

b) by repealing subsection (2.1) and substituting the following:

(2.1) If the Minister is satisfied that a percentage of timber in an

area is dead, the timber dues for that percentage of timber harvested from

the area are the base rate.

(

c) in subsection (3)

(

i) by striking out "exception" and substituting

"exceptions";

(ii) by striking out "subsection (2) applies" and

substituting "subsections (2) and (2.1) apply".

Section 92 is repealed and the following is substituted:

91.1 When timber dues under this Division are based on the timber

being used to make a specified primary timber product and the timber is, in

the Minister's opinion, used to make another primary timber product that is

derived from the specified timber produced, the timber dues for the

specified primary timber product apply to the derived primary timber

product.

92(1) In this section, "unspecified product" means a primary timber

product that, in the Minister's opinion, is not derived from a primary

timber product for which timber dues are specified in this Division.

(2) The rate of timber dues for timber that is used or will be used

to make an unspecified product is 10% of the Minister's determination of

the net selling price of the unspecified product in the month that the dues

determination activity for the unspecified product occurs.

Section 93(2) and (3) are repealed and the following is substituted:

(2) When the Minister under

section 39(2)(

a) restricts the bidding

to lump sum bids, the timber dues are the amount of the bid on which the

permit was sold.

(3) When the Minister under

section 39(2)(

b) restricts the bidding

to bids based on a per cubic metre of roundwood harvested, the timber dues

for the primary species group are the amount calculated in accordance with

the bid on which the permit was sold, and the timber dues for timber other

than the primary species group harvested under the permit are calculated

using the base rate.

(4) The Minister may refund all or part of the timber dues paid by

the commercial timber permit holder under a lump sum bid if the holder was

unable to take full advantage of the right to harvest timber under the

permit as a result of unforeseeable events that were beyond the control of

major illness of the permittee or the permittee's immediate family.

Section 94(2) is repealed and the following is substituted:

(2) The timber dues for each seedling, transplant or Christmas tree

are $2.50.

26 Sections 96 and 97 are repealed and the following is substituted:

95.1(1) This Division is subject to any provision respecting timber

dues contained in a forest management agreement.

(2) Notwithstanding subsection (1), nothing in a forest management

agreement affects the application of sections 97.4, 97.41 and 97.42 to

forest management agreements.

96(1) Subject to subsection (2), the timber dues under a forest

management agreement, timber licence or commercial timber permit, other

than a commercial timber permit sold by lump sum bid, are due and owing to

the Minister on the last day of the month in which the dues determination

activity for that disposition occurs, unless the Minister agrees otherwise

in writing.

(2) The timber dues under a forest management agreement, timber

licence or commercial timber permit for timber that is used or will likely

be used to make oriented strand board, other than a commercial timber

permit sold by lump sum bid, are due and owing on the last day of the

payment period in which the dues determination activity for that

disposition occurs.

Section 97.2 is repealed.

Section 97.4 is repealed and the following is substituted:

97.4(1) The Minister may, on the application of a person who holds a

forest management agreement, timber licence or commercial timber permit,

other than a commercial timber permit sold by lump sum bid, establish a

schedule that sets out dates for the calculation of timber dues in respect

of timber harvested under the disposition.

(2) A dues calculation date established under subsection (1) in

respect of timber must not exceed 12 months from the date that the dues

determination activity for that timber actually occurred.

(3) A dues calculation date established under subsection (1) in

respect of timber harvested under a disposition is, for the purposes of

this Regulation, deemed to be the date that the dues determination activity

occurred in respect of that timber.

(4) Notwithstanding

section 96, when the Minister establishes a dues

calculation date under subsection (1) in respect of timber, the timber dues

in respect of that timber are due and owing on that dues calculation date.

97.41(1) The Minister may in writing allow a person to pay timber

dues that are due and owing under a forest management agreement, timber

licence or commercial timber permit, other than a commercial timber permit

sold by lump sum bid, by deferred monthly or quarterly payments.

(2) A deferred monthly or quarterly payment in respect of timber

dues must not exceed 12 months from the month that the timber dues

originally became due and owing.

97.42(1) If any amount assessed under the Act and its regulations

remains unpaid for more than 30 days after the amount becomes due and

owing, the Minister may in writing allow for payment of the amount by

monthly instalments over a period specified by the Minister.

(2) The period for making monthly instalments referred to in

subsection (1) must not exceed 5 years from the date that the Minister

allows the amount to be paid by instalments and, in the case of an amount

owing in respect of a disposition, automatically ends on the date that the

disposition is no longer in force.

Section 97.5 is amended

(

a) in subsection (1)

(

i) by striking out "the due date" and substituting

"the date that the amount becomes due and owing";

(ii) by striking out "became due" and substituting

"became due and owing";

(

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

(1.1) When the Minister establishes a dues calculation date under

section 97.4(1) in respect of timber and the timber dues are not paid on

the dues calculation date, interest at the rate of 1% per month compounded

monthly on the amount of those timber dues shall be charged from the d