Alberta Regulation 2/2008

Municipal Government Act

CAPITAL REGION ASSESSMENT SERVICES COMMISSION

AMENDMENT REGULATION

Filed: January 16, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 5/2008) on

January 16, 2008 pursuant to

section 602.02 of the Municipal Government Act.

1 The Capital Region Assessment Services Commission

Regulation (AR 77/96) is amended by this Regulation.

2 The

Schedule is amended

(

a) by repealing clause (o);

(

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

(r.1) Town of Smoky Lake

(

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

(v.1) Village of Vilna

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

Alberta Regulation 3/2008

Municipal Government Act

CAPITAL REGION VEGREVILLE CORRIDOR WATER SERVICES

COMMISSION AMENDMENT REGULATION

Filed: January 16, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 6/2008) on

January 16, 2008 pursuant to

section 602.02 of the Municipal Government Act.

1 The Capital Region Vegreville Corridor Water Services

Commission Regulation (AR 293/84) is amended by this

Regulation.

Section 4 is amended by repealing subsections (3) and

(4).

Alberta Regulation 4/2008

Tobacco Reduction Act

TOBACCO REDUCTION AMENDMENT REGULATION

Filed: January 16, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 8/2008) on

January 16, 2008 pursuant to

section 9 of the Tobacco Reduction Act.

1 The Tobacco Reduction Regulation (AR 240/2007) is

amended by this Regulation.

Section 7 is amended by striking out "or" at the end of

clause (g), adding "or" at the end of clause (

h) and adding

the following after clause (h):

(

i) subject to the Provincial Offences Procedure Act, issue

violation tickets under Parts 2 and 3 of that Act.

3 The following is added after

section 10:

Exemption for lodge accommodation

10.1(1) In this section, "lodge accommodation" means a lodge

accommodation as defined in the Alberta Housing Act.

(2) Despite

section 3 of the Act, a resident of a lodge

accommodation may smoke in a separate room in the lodge

accommodation if the room

(

a) is designated as a smoking room by the manager,

(

b) has floor-to-ceiling walls, a ceiling and doors that separate it

physically from any adjacent area in which smoking is

prohibited under this Act, and

(

c) has a separate ventilation system.

Section 13(3) is amended by renumbering subsection

(3) as subsection (2).

Alberta Regulation 5/2008

Stray Animals Act

HORSE CAPTURE AMENDMENT REGULATION

Filed: January 16, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 22/2008)

on January 16, 2008 pursuant to

section 35 of the Stray Animals Act.

1 The Horse Capture Regulation (AR 59/94) is amended by

this Regulation.

Section 1 is amended

(

a) in clause (b)

(

i) by adding "bait," after "capture,";

(ii) by striking out "public" and substituting

"designated";

(

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

(b.1) "designated land" means public land designated for the

licensed capture of horses under

section 9(1) of the Act;

(

c) by repealing clause (f).

Section 4(3) is amended by adding "waive or" before

"refund".

Section 5(3)(

a) and (

b) are amended by striking out

"public land" and substituting "designated land".

Section 7 is repealed and the following is substituted:

Capturing

7(1) A licence holder shall not use a snare, weapon or vehicle to

capture or attempt to capture a horse.

(2) In this section,

(a) "snare" means a device that consists of or includes a

cable, rope, wire or other form of material and that is

used or set to capture a horse by tightening a loop

around the neck, foot or leg, with the energy to tighten it

coming from the horse or from a spring, triggering

device or other mechanism;

(b) "vehicle" means a motorized device, including a boat or

aircraft, in or by which a person or thing may be

transported;

(c) "weapon" means a firearm or other projectile propelling

device used to frighten, injure or kill.

Section 13 is amended by striking out "2008" and

substituting "2017".

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

Alberta Regulation 6/2008

Financial Administration Act

INDEMNITY AUTHORIZATION AMENDMENT REGULATION

Filed: January 16, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 24/2008)

on January 16, 2008 pursuant to

section 71 of the Financial Administration Act.

1 The Indemnity Authorization Regulation (AR 22/97) is

amended by this Regulation.

Section 7 is amended

(

a) in subsection (1)

(

i) by repealing clause (

e) and substituting the

following:

(e) "prescribed duties" means

(

i) with respect to the Metis Settlements

Ombudsman, the exercise or performance of

any powers or duties that the Metis

Settlements Ombudsman is authorized by the

Minister or the Regulation to exercise or

perform;

(ii) with respect to any associate personnel

engaged in providing services in relation to

the office of the Metis Settlements

Ombudsman, the provision of any of those

services;

(iii) with respect to any associate personnel

appointed as an inspector or an investigator

under

section 171 of the Act or under the

Regulation, the carrying out of any functions

by that person as an inspector or an

investigator;

(iv) with respect to any associate personnel

appointed under

section 172 of the Act or

under the Regulation to carry out audits, the

carrying out of any function by that person in

respect of those audits;

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

(f) "Regulation" means the Metis Settlements

Ombudsman Regulation (AR 116/2007).

(

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

(3) The Minister of Finance is authorized, on behalf of the

Crown, to indemnify

(

a) Harley Johnson, by reason of carrying out any powers

or duties with respect to the Ministerial Order issued by

the Minister and dated April 14, 2003,

(

b) MSO Services Inc., by reason of providing any of the

services specified in contract #AAND00/01-01 made

effective April 1, 2003 between Her Majesty the Queen

in right of Alberta and MSO Services Inc., and

(

c) persons employed or otherwise engaged by MSO

Services Inc. or Harley Johnson by reason of providing

services in relation to the powers, duties or services

referred to in clauses (

a) and (

b) against all costs, charges and expenses, including amounts paid

to settle actions or satisfy judgments, reasonably incurred by any

of those persons in respect of civil, criminal or administrative

actions or proceedings, to which any of those persons is made a

party by reason of carrying out any powers or duties or providing

any services, if the person

(

d) acted honestly and in good faith with a view to carrying

out such powers, duties, functions or services,

(

e) complied with the Schedule, and

(

f) in the case of a criminal or administrative action or

proceeding enforceable by a monetary penalty, had

reasonable grounds for believing that the conduct of the

person was lawful.

3 The following is added after

section 8:

Financial institutions encashment indemnity

9(1) In this section, "Minister" means the Minister of Finance.

(2) The Minister may, on behalf of the Crown, on such terms and

conditions as the Minister requires, indemnify a financial

institution for the amount payable on a benefit cheque

(

a) issued by the Crown with respect to a benefit program

of the Crown, and

(

b) presented for encashment,

where the benefit cheque was fraudulently negotiated.

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

Alberta Regulation 7/2008

Debtors' Assistance Act

DEBTORS' ASSISTANCE AMENDMENT REGULATION

Filed: January 18, 2008

For information only: Made by the Minister of Service Alberta (M.O. C:001/2008)

on January 16, 2008 pursuant to

section 14(1) of the Debtors' Assistance Act.

1 The Debtors' Assistance Regulation (AR 200/2001) is

amended by this Regulation.

Section 4 is repealed and the following is substituted:

Fees for Board services

4(1) The fee for services provided by the Board under the Act is

$100 plus applicable disbursements.

(2) In addition to the fee under subsection (1), where a debtor and

creditor have used the services of the Board to enter into a debt

repayment agreement, the Board may either

(

a) charge the debtor a fee that is equal to up to 15% of the

total amount of the debt that is to be repaid under the

agreement if the debtor sought the assistance of the

Board, or

(

b) for each payment that the Board makes on behalf of the

debtor to the creditor charge the creditor a fee equal to

up to 25% of the payment and deduct that fee from each

such payment.

(3) The Board may

(

a) determine the percentage amount that may be charged

by the Board under subsection (2)(

a) or (b), and

(

b) waive all or part of a fee under this

section where it

considers it appropriate to do so.

Section 8 is amended by striking out "2008" and

substituting "2017".

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

Alberta Regulation 8/2008

Apprenticeship and Industry Training Act

DESIGNATED OCCUPATION (EXPIRY CLAUSE)

AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on January 4, 2008 pursuant to

section 37(2) of the Apprenticeship and

Industry Training Act and approved by the Minister of Advanced Education and

Technology on January 22, 2008 pursuant to

section 37(2) of the Apprenticeship and

Industry Training Act.

1 The Construction Craft Labourer Occupation Regulation

(AR 270/2000) is amended in

section 5 by striking out

"January 31, 2008" and substituting "March 31, 2017".

2 The Gas Utility Operator Occupation Regulation

(AR 278/2000) is amended in

section 5 by striking out

"January 31, 2008" and substituting "March 31, 2010".

3 The Warehousing Occupation Regulation (AR 309/2000)

is amended in

section 5 by striking out "January 31, 2008" and

substituting "March 31, 2012".

Alberta Regulation 9/2008

Marketing of Agricultural Products Act

ALBERTA BEEF PRODUCERS AUTHORIZATION

AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Alberta Agricultural Products Marketing Council

on October 25, 2007 pursuant to sections 26 and 27 of the Marketing of Agricultural

Products Act and approved by the Minister of Agriculture and Food on January 10,

2008 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Alberta Beef Producers Authorization Regulation

(AR 352/2003) is amended by this Regulation.

Section 6 is amended by striking out "July 1, 2008" and

substituting "March 31, 2009".

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

Alberta Regulation 10/2008

Marketing of Agricultural Products Act

ALBERTA ELK MARKETING AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Alberta Elk Commission on December 18, 2007

pursuant to

section 26 of the Marketing of Agricultural Products Act and approved by

the Agricultural Products Marketing Council on January 11, 2008 pursuant to

section

26 of the Marketing of Agricultural Products Act.

1 The Alberta Elk Marketing Regulation (AR 256/2002) is

amended by this Regulation.

Section 14 is amended by striking out "2008" and

substituting "2009".

Alberta Regulation 11/2008

Marketing of Agricultural Products Act

HATCHING EGGS AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Alberta Hatching Egg Producers on December

14, 2007 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act

and approved by the Agricultural Products Marketing Council on January 11, 2008

pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Hatching Eggs Regulation (AR 280/97) is amended

by this Regulation.

Section 48 is amended by striking out "2008" and

substituting "2009".

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

Alberta Regulation 12/2008

Marketing of Agricultural Products Act

MARKETING OF AGRICULTURAL PRODUCTS REGULATIONS (EXPIRY

CLAUSES) (MARKETING COUNCIL) AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Alberta Agricultural Products Marketing Council

on December 5, 2007 pursuant to sections 26, 27 and 33 of the Marketing of

Agricultural Products Act and approved by the Minister of Agriculture and Food on

January 10, 2008 pursuant to sections 26, 27 and 33 of the Marketing of Agricultural

Products Act.

1 The Alberta Elk Authorization Regulation (AR 255/2002)

is amended in

section 3 by striking out "2008" and

substituting "2009".

2 The Alberta Hatching Egg Producers Authorization

Regulation (AR 278/97) is amended in

section 7 by striking

out "2008" and substituting "2009".

3 The Hatching Egg Producers Negotiation and Arbitration

Regulation (AR 281/97) is amended in

section 40 by striking

out "2008" and substituting "2009".

4 The Alberta Milk Authorization Regulation (AR 152/2002)

is amended in

section 5 by striking out "2008" and

substituting "2009".

5 The Alberta Milk Negotiation and Arbitration Regulation

(AR 153/2002) is amended in

section 29 by striking out

"2008" and substituting "2009".

6 The Potato Growers of Alberta Authorization Regulation

(AR 299/2002) is amended in

section 4 by striking out "2008"

and substituting "2009".

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

Alberta Regulation 13/2008

Marketing of Agricultural Products Act

POTATO GROWERS OF ALBERTA MARKETING

AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Potato Growers of Alberta on December 21,

2007 pursuant to

section 26 of the Marketing of Agricultural Products Act and

approved by the Agricultural Products Marketing Council on January 11, 2008

pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Potato Growers of Alberta Marketing Regulation

(AR 277/98) is amended by this Regulation.

Section 19 is amended by striking out "2008" and

substituting "2009".

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

Alberta Regulation 14/2008

Safety Codes Act

ELECTRICAL CODE AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 36/2008)

on January 23, 2008 pursuant to

section 65 of the Safety Codes Act.

1 The Electrical Code Regulation (AR 209/2006) is

amended by this Regulation.

Section 3(

c) is repealed and the following is substituted:

(

c) the Alberta Electrical Utility Code, Third Edition, 2007,

published by the Safety Codes Council.

3 This Regulation comes into force on March 1, 2008.

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

Alberta Regulation 15/2008

Marketing of Agricultural Products Act

ALBERTA VEGETABLE GROWERS (PROCESSING)

PLAN AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 37/2008)

on January 23, 2008 pursuant to

section 23 of the Marketing of Agricultural Products

Act.

1 The Alberta Vegetable Growers (Processing) Plan

Regulation (AR 273/97) is amended by this Regulation.

Section 9(2)(

i) is amended by striking out "producer" and

substituting "processor".

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

Alberta Regulation 16/2008

Various Acts

MARKETING OF AGRICULTURAL PRODUCTS REGULATIONS

(EXPIRY/REVIEW CLAUSES) AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 38/2008)

on January 23, 2008.

1 The Alberta Elk Plan Regulation (AR 210/2002) is

amended in

section 54 by striking out "2008" and

substituting "2009".

2 The Alberta Hatching Egg Plan Regulation (AR 283/96) is

amended in

section 39 by striking out "2008" and

substituting "2009".

3 The Alberta Milk Plan Regulation (AR 150/2002) is

amended in

section 61 by striking out "2008" and

substituting "2009".

4 The Alberta Milk Records Disclosure Regulation

(AR 149/2002) is amended in

section 3 by striking out "2008"

and substituting "2009".

5 The Alberta Milk Records Transfer Regulation

(AR 148/2002) is amended in

section 3 by striking out "2008"

and substituting "2009".

6 The Potato Growers of Alberta Plan Regulation

(AR 291/2002) is amended in

section 39 by striking out

"2008" and substituting "2009".

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

Alberta Regulation 17/2008

Teachers' Pension Plans Act

TEACHERS' PENSION PLANS (LEGISLATIVE PROVISIONS)

(RELATIONSHIP BREAKDOWN EXTENSION 2008)

AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 39/2008)

on January 23, 2008 pursuant to

section 23 of the Teachers' Pension Plans Act.

1 The Teachers' Pension Plans (Legislative Provisions)

Regulation (AR 204/95) is amended by this Regulation.

Section 17(3) is amended by striking out "2008" and

substituting "2010".

Alberta Regulation 18/2008

Insurance Act

PROVINCIAL COMPANIES AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 41/2008)

on January 23, 2008 pursuant to

section 123 of the Insurance Act.

1 The Provincial Companies Regulation (AR 124/2001) is

amended by this Regulation.

Section 20 is amended by striking out "20%" and

substituting "25%".

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

Alberta Regulation 19/2008

Environmental Protection and Enhancement Act

BEVERAGE CONTAINER RECYCLING AMENDMENT REGULATION

Filed: January 23, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 43/2008)

on January 23, 2008 pursuant to

section 175 of the Environmental Protection and

Enhancement Act.

1 The Beverage Container Recycling Regulation

(AR 101/97) is amended by this Regulation.

Section 22 is amended by striking out "April 30, 2008" and

substituting "October 31, 2008".

Alberta Regulation 20/2008

Regulated Accounting Profession Act

CHARTERED ACCOUNTANTS AMENDMENT REGULATION

Filed: January 30, 2008

For information only: Approved by the Lieutenant Governor in Council (O.C.

49/2008) on January 29, 2008 pursuant to

section 14 of the Regulated Accounting

Profession Act and made by the Institute of Chartered Accountants of Alberta on

January 24, 2008 pursuant to

section 14 of the Regulated Accounting Profession Act.

1 The Chartered Accountants Regulation (AR 178/2001) is

amended by this Regulation.

Section 1(1) is amended

(

a) in clause (

b) by striking out "Universities Act" and

substituting "Post-secondary Learning Act";

(

b) by repealing clause (n).

Section 19 is repealed and the following is substituted:

Continuing education requirements

19(1) For the purposes of this section,

(a) "continuing professional development" includes

verifiable learning activities and unverifiable learning

activities;

(b) "unverifiable learning activity" means an informal

learning activity that contains significant intellectual

and practical content, and is relevant and appropriate to

a member's work and professional responsibilities,

including

(

i) on-the-job training for new software, systems,

procedures or techniques for application in a

professional role,

(ii) self-study that does not involve an examination or

other objective certification or completion

requirements,

(iii) reading of professional journals and other

publications that are not part of research for a

particular application in a professional role, and

(iv) any other form of educational activity recognized

by the registration committee as an unverifiable

learning activity;

(c) "verifiable learning activity" means a measurable

learning activity that contains significant intellectual

and practical content, and is relevant and appropriate to

a member's work and professional responsibilities,

including

(

i) presentation or attendance at courses, conferences,

seminars and organized employer-based in-house

training,

(ii) formal study, professional re-examination or

testing,

(iii) formal study, self-study or both leading to an

examination or attainment of a designation,

diploma or degree,

(iv) publication of professional, technical or academic

articles, papers or books,

(

v) teaching a course or continuing professional

development session in an area that is relevant to a

professional role,

(vi) speaking at briefing sessions or discussion groups,

and

(vii) any other form of educational activity recognized

by the registration committee as a verifiable

learning activity.

(2) Each member of the Institute who

(

a) resides

(

i) in Alberta, or

(ii) outside Alberta and is not a member of a

provincial institute or foreign accounting

organization recognized by the Council,

and

(

b) has not been granted an exemption by the registration

committee from the continuing professional

development requirements imposed by this

section

must complete the minimum number of hours of relevant

continuing professional development described in this section.

(3) A member of the Institute who has not been granted an

exemption must complete the number of hours of continuing

professional development prescribed by the Council in the period

of time prescribed by the Council or such additional time as is

granted by the registration committee.

(4) The hours referred to in subsection (3) must include the

minimum number of hours of verifiable learning activities as is

prescribed by the Council.

(5) For the purposes of subsections (3) and (4), the registration

committee may recognize as continuing professional development

any verifiable learning activity or unverifiable learning activity

that, in its opinion, is appropriate.

Section 20 is repealed and the following is substituted:

Continuing professional development report

20 Each member of the Institute must

(

a) submit annually, on or before the date set out in the

bylaws, a report in the form prescribed by the

registration committee, which includes

(

i) a declaration that the member has complied with

section 19, or

(ii) a declaration that

section 19 does not apply to the

member,

and

(

b) keep, for 5 years, a record of continuing professional

development completed annually and, on request,

provide to the registration committee or its designate

that record and supporting documentation regarding the

content of the continuing professional development

completed.

Section 29(1) is amended

(

a) in clause (

a) by striking out "$1 000 000 per incident for

partnerships with fewer than 5" and substituting

"$1 500 000 per incident for partnerships with fewer than 4";

(

b) in clause (

b) by striking out "5" and substituting "4".

Section 35 is repealed.

Section 37 is repealed and the following is substituted:

Maintenance of information

37 For the purposes of

section 26 of the Act, the Institute must

maintain information about registrants and former registrants for

the following periods of time:

(

a) for as long as a person is a registrant

(

i) for information respecting status, including the

terms of any suspension or restrictions, registration

or approval decisions, continuation of registration

or approval decisions, previous names, billing

status and designations held from other accounting

or professional organizations,

(ii) for information required under

section 28(1)(

c) to

(

f) of the Act,

(iii) for decisions of the CIC chair, the complaints

inquiry committee, a discipline tribunal and an

appeal tribunal,

(iv) for the results of past practice reviews, including

the results of past practice reviews for any

predecessor of a registrant, and

(

v) for information respecting merit nominations and

awards;

(

b) for at least 50 years after the date that a registrant

becomes a former registrant

(

i) for applicable information respecting the name,

previous name and birthdate, basis for registration,

cancellation of registration of a former registrant,

and

(ii) for information required under

section 28(1)(

c) to

(

f) of the Act;

(

c) for at least 10 years

(

i) for information respecting the past registration

status and billing status of a registrant,

(ii) for information respecting the past registration

status of a former registrant, and

(iii) for registration decisions on registrations that were

either refused or had conditions placed on the

registration or practice;

(

d) for at least 5 years

(

i) for the list of continuing professional education

courses, programs and products for which a

registrant registered,

(ii) for information respecting practice specialities,

professional corporations and the principals,

partners, directors or shareholders of a public

accounting firm, and

(iii) for information respecting past employers of a

chartered accountant or student;

(

e) for at least 4 years

(

i) for information respecting a past practice review

where the public accounting firm or professional

service provider has an outstanding follow-up

practice review, and

(ii) for a practice review report under

section 56 of the

Act;

(

f) for at least one year for any other relevant information

maintained in accordance with the Act, this Regulation

or the bylaws.

Section 37.1 is repealed.

9 In the following provisions, "by-laws" is struck out and

"bylaws" is substituted:

section 8(3)(a);

section 18(a);

section 21(1);

section 22(2) and (4)(b);

section 23(3)(

b) and (7)(b);

section 28(b);

section 33(b).

Alberta Regulation 21/2008

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: January 30, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 52/2008)

on January 29, 2008 pursuant to

section 42 of the Provincial Offences Procedure Act.

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

this Regulation.

Section 2 is amended

(

a) by repealing clause (o.2);

(

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

(p.001) Tobacco Reduction Act;

Part 46 is repealed and the following is substituted:

Part 46

Tobacco Reduction Act

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

Tobacco Reduction Act shown in Column 1 is the amount shown in

Column 2 in respect of that provision.

2 Proceedings with respect to a contravention of any provision of

the Tobacco Reduction Act shown in Column 1 may be commenced

by a violation ticket issued under either

Part 2 or

Part 3 of the

Provincial Offences Procedure Act.

Item

Number

Column 1 (Section

Number of Act)

Column 2 (Specified

Penalty in Dollars)

7.1

7.2

3 Items 4 and 5 referred to in

section 2 are effective on and after

July 1, 2008.

Alberta Regulation 22/2008

Corrections Act

CORRECTIONAL INSTITUTION AMENDMENT REGULATION

Filed: January 30, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 66/2008)

on January 29, 2008 pursuant to

section 33 of the Corrections Act.

1 The Correctional Institution Regulation (AR 205/2001) is

amended by this Regulation.

2 The following is added after

section 31:

Monitoring or recording telephone calls

31.1(1) Where a director of a correctional institution has directed

under

section 14.4(1) of the Act that telephone calls made by or

received by an inmate be monitored and recorded and electronic

monitoring or recording equipment is not available or is not

functioning, the telephone calls may be monitored or recorded by

mechanical means.

(2) The Director must give reasonable notice to inmates that

telephone calls may be monitored or recorded.

Section 43 is repealed.

Section 44 is amended

(

a) in subsection (2) by striking out "the Disciplinary

Board" and substituting "the Director";

(

b) in subsection (3) by striking out "The Disciplinary

Board" and substituting "A hearing adjudicator appointed

under

section 15(1) of the Act";

(

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

(3.1) Where facilities are available, a hearing may be held by

means of video conference.

(

d) in subsection (4) by striking out "the Disciplinary

Board" and substituting "a hearing adjudicator";

(

e) in subsection (5) by striking out "the Disciplinary

Board" and substituting "a hearing adjudicator";

(

f) in subsection (6) by striking out "the Disciplinary

Board" wherever it occurs and substituting "the

hearing adjudicator".

Section 45 is repealed.

Section 46 is amended

(

a) by striking out "the Disciplinary Board" and

substituting "a hearing adjudicator";

(

b) by striking out "the Director" and substituting "an

appeal adjudicator".

Section 47 is repealed and the following is substituted:

When punishment may be imposed

47(1) No inmate shall

(

a) disobey an order of the Director or an employee;

(

b) break a rule of an institution or fail to comply with the

Act or this Regulation;

(

c) use disrespectful, indecent, abusive or threatening

language to

(

i) an employee or a visitor to the institution, or

(ii) another inmate;

(

d) be idle, careless or negligent at work;

(

e) refuse to work;

(

f) commit or threaten to commit an assault or any other act

of violence on

(

i) an employee or a visitor to the institution, or

(ii) another inmate;

(

g) use indecent gestures or commit an indecent act;

(

h) communicate with another inmate without authority to

do so;

(

i) enter the cell of another inmate or any other place

without authority to do so;

(

j) leave the inmate's cell, place of work or any other place

without the consent of an employee;

(

k) wilfully or negligently disfigure or damage any part of

an institution or any property that is not the inmate's;

(

l) fail to keep the inmate's person, clothing, bedding or

cell neat and clean;

(

m) have in the inmate's cell or possession any unauthorized

article or attempt to obtain such an article;

(

n) give to or receive from any person, or attempt to give or

receive, any unauthorized article;

(

o) create a disturbance or incite other inmates to create a

disturbance;

(

p) feign an illness or otherwise malinger;

(

q) persist in making frivolous or groundless complaints;

(

r) fail or refuse to submit on demand to a test to detect the

use of an unauthorized drug or intoxicant;

(

s) engage in gambling;

(

t) manufacture, have in the inmate's possession or use an

unauthorized drug or intoxicant or use a drug in an

unauthorized manner;

(

u) refuse to submit to, resist or obstruct a search authorized

by or under this Regulation;

(

v) engage in an activity that promotes or encourages the

creation, status or activities of a gang, including the

display of an item or symbol or the use of signals

associated with a gang;

(

w) participate in the act of tattooing or have in the inmate's

cell or possession any

article used for the purpose of

tattooing;

(

x) do anything for the purpose of escaping or assisting

another inmate to escape;

(

y) do anything that is prejudicial to good order and

discipline in an institution that is not otherwise referred

to in clauses (

a) to (x);

(

z) counsel, procure or incite another inmate to do anything

referred to in clauses (

a) to (y);

(aa) attempt to do anything referred to in clauses (

a) to (z).

(2) A hearing adjudicator may direct that an inmate be punished if

the inmate contravenes subsection (1).

Section 52(2) is amended by striking out "Disciplinary

Board" and substituting "hearing adjudicator".

Section 53 is amended

(

a) in subsection (1) by striking out "Disciplinary Board

shall" and substituting "Director shall";

(

b) in subsection (1)(

e) by striking out "Disciplinary

Board" and substituting "hearing adjudicator";

(

c) by repealing subsection (2) and substituting the

following:

(2) The Punishment Register is to be certified by the hearing

adjudicator as correct at the time that the hearing adjudicator

records the adjudicator's decision.

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

Alberta Regulation 23/2008

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: January 30, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 70/2008)

on January 29, 2008 pursuant to sections 16, 17 and 18 of the Government

Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 317/2006) is amended by this Regulation.

Section 2 is amended by adding the following after

subsection (7):

(8) The responsibility for that part of the public service directly

associated with the post-secondary capital planning function of

Infrastructure and Transportation is transferred to the Minister of

Advanced Education and Technology.

(9) The responsibility for the administration of the unexpended

balance of that part of element 5.0.5 associated with the

post-secondary capital planning function of Program 5, Other

Programs and Services, of the 2007-08 Government appropriation

for Infrastructure and Transportation is transferred to the Minister of

Advanced Education and Technology.

Section 3 is amended by adding the following after

subsection (1)(z):

(z.01) Natural Gas Rebates Act;

Section 5 is amended

(

a) by repealing subsection (1)(f);

(

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

(3) The responsibility for the Teachers' Pension Plans Act is

transferred to the common responsibility of the Minister of

Education and the Minister of Finance.

(4) The responsibility for the administration of the unexpended

balance of that part of element 2.0.1 of Program 2, Operating

Support to Public and Separate Schools, and element 3.0.2 of

Program 3, Teachers' Pensions, of the 2007-08 Government

appropriation for Education associated with the responsibility for

the Teachers' Pension Plan for the period ending August 31,

1992 is transferred to the Minister of Finance.

(5) The responsibility for that part of the public service directly

associated with the school capital planning function of

Infrastructure and Transportation is transferred to the Minister of

Education.

(6) The responsibility for the administration of the unexpended

balance of that part of element 5.0.5 associated with the school

capital planning function of Program 5, Other Programs and

Services, of the 2007-08 Government appropriation for

Infrastructure and Transportation is transferred to the Minister of

Education.

Section 6 is amended by repealing subsection (1)(r).

Section 15(2) is repealed and the following is

substituted:

(2) The responsibility for

Schedule 13 to the Government

Organization Act is transferred to the common responsibility of the

Minister of Seniors and Community Supports, the Minister of

Municipal Affairs and Housing and the Minister of Service Alberta.

Section 16 is amended

(

a) by repealing subsection (1)(

r) and substituting the

following:

(

r) sections 2, 3 and 14 of

Schedule 11 and

Schedule 12 to

the Government Organization Act;

(

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

(1.1) The Minister of Service Alberta is designated as the

Minister responsible for

Schedule 13.1 to the Government

Organization Act.

Section 19 is amended by adding the following after

subsection (1):

(1.1) The Minister of Tourism, Parks, Recreation and Culture is

designated as the Minister responsible for

Schedule 3.1 to the

Government Organization Act.

9 The following sections are amended by striking out "to

the Minister" and substituting "of the Minister":

(a)

section 8(2) and (3);

(b)

section 11(3);

(c)

section 14(4).

Alberta Regulation 24/2008

Regulations Act

MISCELLANEOUS CORRECTIONS REGULATION

Filed: January 30, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 74/2008)

on January 29, 2008 pursuant to

section 10 of the Regulations Act.

1 The Farm Implement Amendment Regulation

(AR 207/2007) is amended is

section 5 by striking out

"Section 8.3" and substituting "Section 8.3(1)".

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

Part 2 of

Schedule 2 by repealing Items (9.1) and (9.2) and

substituting the following:

9.1 The Alberta Utilities Commission,

9.2 The Energy Resources Conservation Board,

3 The Tobacco Reduction Regulation (240/2007) is

amended in

section 7 by striking out "and" at the end of

clause (

g) and adding "and" at the end of clause (h).

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

Alberta Regulation 25/2008

Marketing of Agricultural Products Act

VEGETABLE NEGOTIATING AGENCY REGULATION

Filed: January 31, 2008

For information only: Made by the Alberta Agricultural Products Marketing Council

on November 22, 2007 pursuant to

section 33 of the Marketing of Agricultural

Products Act and approved by the Minister of Agriculture and Food on January 24,

2008 pursuant to

section 33 of the Marketing of Agricultural Products Act.

Table of Contents

Interpretation

2 Agreement

3 Notice to commence negotiations

Part 1

Vegetable Negotiating Agency

4 Agency established

5 Vacancies, etc.

6 Failure to appoint

7 Quorum

8 Duties of secretary

9 Conduct of meetings

Part 2

Negotiations to Effect an Agreement

10 Effecting an Agreement

11 Effect of Agreement

12 Referral to mediation, arbitration

Part 3

Refusal to Renew Contract

13 Refusal to renew

14 Review by Agency

15 Referral to mediation

Part 4

Mediation

16 Mediator appointed

17 Mediation process

18 Mediation fails

Part 5

Arbitration

19 Arbitrator appointed

20 Staff

21 Reasonable dispatch

22 Final offer selection

23 Service of notices, etc.

24 Application for directions

25 Directions by arbitrator

26 Determining jurisdiction of arbitrator

27 Conduct of arbitration

28 Hearings and evidence

29 Attendance at hearing

30 Representation

31 Adjournment of hearing

32 Failure to attend

33 Evidence

34 Production of documents

35 Conclusions

36 Determination in writing

37 Incorporation of settlement into determination

38 Settlement terminating arbitration

39 Arbitration determination final

40 Fees and expenses of arbitrator

Part 6

Board Power

41 Arbitration not initiated

Part 7

Repeal and Expiry

42 Repeal

43 Expiry

Interpretation

1(1) In this Regulation,

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

(b) "Agency" means the Vegetable Negotiating Agency

established under

Part 1;

(c) "Agreement" means an agreement described in

section 2;

(d) "arbitrator" means an arbitrator appointed under this

Regulation;

(e) "Board" means the Alberta Vegetable Growers (Processing)

Board;

(f) "contract" means a contract between a licensed producer and

a licensed processor to grow and market the regulated

product;

(g) "Council" means the Alberta Agricultural Products

Marketing Council;

(h) "licensed processor" means a person who holds a processor's

licence under the Alberta Vegetable Growers (Processing)

Production and Marketing Regulation (AR 160/2007);

(i) "licensed producer" means a person who holds a producer's

licence under the Alberta Vegetable Growers (Processing)

Production and Marketing Regulation (AR 160/2007);

(j) "mediator" means a mediator appointed under

Part 4;

(k) "Plan" means the Alberta Vegetable Growers (Processing)

Plan;

(l) "regulated product" means regulated product as defined in

the Alberta Vegetable Growers (Processing) Plan Regulation

(AR 273/97).

(2) Words defined in the Alberta Vegetable Growers (Processing)

Plan Regulation (AR 273/97) have the same meaning when used in

this Regulation.

(3) Except where inconsistent with the Marketing of Agricultural

Products Act and this Regulation, the Arbitration Act applies to an

arbitration under this Regulation.

Agreement

2(1) The parties to an Agreement are the Board and a licensed

processor.

(2) The subject-matter of an Agreement relates to the regulated

product and must include terms respecting but not restricted to the

following:

(

a) price of the regulated product;

(

b) seed;

(

c) terms of payment;

(

d) harvesting;

(

e) dockage;

(

f) bypass of the regulated product;

(

g) food safety;

(

h) acreage provisions;

(

i) cultural practices respecting the regulated product;

(

j) an arbitration clause.

(3) Every Agreement is deemed to contain the following terms:

(

a) if a difference arises as to the

interpretation, application,

operation or contravention of this Agreement, the parties

agree to meet and endeavour to resolve the difference;

(

b) if the parties are unable to resolve a difference described in

clause (a), or if the difference relates to whether an issue can

be the subject of negotiation,

(

i) either party may notify the other in writing of its desire

to submit the difference to mediation and, if mediation

fails, to arbitration, or

(ii) if neither party notifies the other party under subclause

(

i) within 30 days of the difference arising, the matter

must be submitted to arbitration;

(

c) the notice referred to in clause (

b) must

(

i) contain a statement of the difference, and

(ii) specify a name or a list of names of persons the party is

willing to accept as a mediator and as an arbitrator if

mediation fails to resolve a difference described in

clause (a);

(

d) this Regulation applies if the parties are unable to resolve a

difference described in clause (a).

Notice to commence negotiations

3(1) Subject to the terms of an Agreement, either party may give

notice in writing to the other party or, if there is no Agreement, a

licensed processor may give notice in writing to the Board or the

Board may give notice in writing to a licensed processor

(

a) stating that it wishes to commence negotiations,

(

b) setting out the issues it wishes to negotiate, and

(

c) setting out dates it is available to commence negotiations.

(2) Within 7 days from the date of receipt of a written notice under

subsection (1), the party receiving the notice must, by written notice,

advise the other party or, if there is no Agreement, the Board or

licensed processor receiving the notice must, by written notice, advise

the licensed processor or Board

(

a) whether or not one of the dates proposed to commence

negotiations is suitable to it and, if not, an alternative date

that is acceptable, and

(

b) whether there are any additional issues that it wishes to

negotiate.

Part 1

Vegetable Negotiating Agency

Agency established

4(1) Within 7 days from the date of receipt of a written notice under

section 3(2) or an application under

section 13, a Vegetable

Negotiating Agency must be established.

(2) The Agency is composed of the following:

(

a) one or more individuals appointed by each licensed

processor;

(

b) one or more licensed producers appointed by the Board;

(

c) an individual appointed as the chair of the Agency under

subsection (4);

(

d) an individual appointed as the secretary of the Agency under

subsection (4);

(

e) alternate members appointed under subsection (6).

(3) The number of licensed producers appointed under subsection

(2)(

b) shall not be greater in number than the number of individuals

appointed under subsection (2)(a).

(4) The members of the Agency appointed under subsection (2)(

a) and

(

b) must appoint

(

a) an individual to be the chair of the Agency, and

(

b) an individual to be the secretary of the Agency.

(5) A person who is appointed as a member of the Agency under

subsection (2)(

a) or (

b) is not, while being a member of the Agency

appointed under subsection (2)(

a) or (b), eligible to be appointed as the

chair or secretary of the Agency.

(6) A person who appoints a member of the Agency under subsection

(2)(

a) or (

b) must appoint an alternate for that member who must act

during the absence of the member or inability of the member to act.

(7) The term of office of a member of the Agency is the lesser of

(

a) the period of time required to effect an Agreement or renew a

contract for which notice is given, as described in subsection

(1), and

(

b) one year.

(8) When the Agency considers it appropriate, the individuals

appointed under subsection (2)(

a) may be excluded from a meeting of

the Agency at which the Agency is to consider and, if possible,

conclude matters with respect to an individual licensed processor.

(9) The Agency may review and provide recommendations to the

Board with respect to issues that are relevant to the growing,

production, marketing or processing of the regulated product.

Vacancies, etc.

5(1) If a vacancy occurs on the Agency with respect to a member who

was appointed under

section 4(2)(

a) or (b), the person who had

appointed the member must, within 7 days from the day that the

vacancy occurred, appoint a replacement member who must serve for

the balance of the term.

(2) If a vacancy occurs with respect to the chair or secretary of the

Agency, the members of the Agency appointed under

section 4(2)(a),

(

b) or (6), if any, must, within 7 days from the day that the vacancy

occurred, appoint an individual to be the chair or secretary who must

serve for the balance of the term.

Failure to appoint

6(1) If any person who is entitled to appoint a member of the Agency

fails to appoint a member of the Agency, the Council must, on that

person's behalf, appoint an individual as a member of the Agency.

(2) If the members of the Agency fail to appoint a chair or a secretary

of the Agency, the Council must, on behalf of those members, appoint

a chair or a secretary.

Quorum

7 A majority of the members of the Agency then holding office

constitutes a quorum.

Duties of secretary

8(1) The secretary must

(

a) record all decisions and recommendations of the Agency,

(

b) provide the decisions and recommendations in writing to the

Agency, and

(

c) provide a copy of the decisions and recommendations

referred to in clause (

b) to the Council.

(2) As soon as practicable after a meeting of the Agency, the secretary

must prepare the minutes of the meeting and provide a copy of the

minutes to the members of the Agency.

Conduct of meetings

9(1) Subject to this section, the Agency may make rules governing the

conduct of its meetings.

(2) The chair and the secretary of the Agency may not vote at a

meeting of the Agency.

(3) Voting at a meeting of the Agency is by show of hands.

(4) Notwithstanding subsection (3), any member present at a meeting

of the Agency may require that a vote be conducted by secret ballot.

Part 2

Negotiations to Effect an Agreement

Effecting an Agreement

10(1) Following an exchange of notices under

section 3, the Agency

must meet and endeavour to effect an Agreement.

(2) Subject to the notice under

section 3, the matters that the Agency

may adopt or settle by Agreement are

(

a) those issues submitted by the parties under

section 3, and

(

b) any other issues subsequently agreed on by both parties.

(3) Subject to subsection (2), the Agency is empowered to adopt or

settle by Agreement any or all of the following matters:

(

a) the minimum price to be paid to licensed producers for the

regulated product or any class, variety, grade, size or kind of

the regulated product, and may include any product resulting

from processing;

(

b) a method for the determination of the minimum price;

(

c) the terms and form of Agreement relating to the production

or marketing of the regulated product;

(

d) any charges, costs or expenses relating to the production or

marketing of the regulated product.

Effect of Agreement

11(1) If an Agreement is concluded by the Agency, the Agreement

must be in writing and signed by each of the members of the Agency.

(2) Subject to the Act, an Agreement concluded by the Agency is

binding on

(

a) the Board and the licensed processor, and

(

b) every licensed producer

to the extent that they choose to produce, market or process the

regulated product in the area of Alberta to which the Plan applies.

Referral to mediation, arbitration

12(1) If the members of the Agency agree to refer an uneffected

Agreement or specific issues in it to mediation, the Agency must

(

a) notify the Council in writing, and

(

b) refer the uneffected Agreement or specific issues to a

mediator in accordance with

Part 4.

(2) If the members of the Agency do not agree to refer an uneffected

Agreement or specific issues in it to mediation, the Agency must

(

a) notify the Council in writing, and

(

b) refer the uneffected Agreement or specific issues to

arbitration in accordance with

Part 5.

Part 3

Refusal to Renew Contract

Refusal to renew

13 If a licensed processor refuses to renew a contract between it and

a licensed producer, the licensed producer may apply to the Agency to

have the Agency review the refusal.

Review by Agency

14 The Agency may, after considering the grounds or reasons on or

for which the licensed processor refused to renew the contract with a

licensed producer, order the licensed processor to renew the contract.

Referral to mediation

15 If the Agency is unable to reach a decision and make an order

under

section 14, the Agency or the licensed producer may

(

a) notify the Council in writing, and

(

b) refer the matter to a mediator in accordance with

Part 4.

Part 4

Mediation

Mediator appointed

16 The Council, on receipt of a written notice under

section 12(1) or

15, must, on consultation with the licensed processor, the Board and

the affected licensed producer, if applicable, appoint a mediator.

Mediation process

17(1) On being appointed, a mediator must contact

(

a) the Board and the licensed processor in the case of an

Agreement dispute, and

(

b) the Board, the licensed processor and the licensed producer

in the case of a contract dispute

to arrange commencement of mediation as soon as is reasonably

practicable.

(2) A mediator is to effect a mutually acceptable Agreement or

contract in accordance with the following:

(

a) a mediator may not unilaterally determine an Agreement or

contract;

(

b) a mediator may not have contact with the arbitrator;

(

c) a mediator may not be selected as the arbitrator if arbitration

is necessary.

(3) The parties must share equally the fees and expenses of the

mediator.

Mediation fails

18(1) If the mediator cannot effect an Agreement under

section 17(2),

(

a) the mediator must notify the Council in writing of the issues

with respect to an Agreement that have not been resolved,

and

(

b) the Council must refer the issues that have not been resolved

to an arbitrator in accordance with

Part 5.

(2) The notice under subsection (1) must include a request for the

appointment of an arbitrator.

(3) If the mediator cannot effect a contract under

section 17(2), the

parties may refer the issues that have not been resolved to an arbitrator

in accordance with

Part 5.

Part 5

Arbitration

Arbitrator appointed

19(1) On receipt of a notice under

section 12(2) or 18(1) or (3), the

Council must appoint an arbitrator.

(2) On appointing an arbitrator, the Council must forward to the

arbitrator

(

a) a copy of the notices received by the Council from the

parties, and

(

b) a copy of this Regulation.

Staff

20 For the purposes of any arbitration under this Regulation, an

arbitrator may

(

a) employ persons that the arbitrator considers necessary to

carry out the arbitrator's functions, and

(

b) make use of the available administrative services of the

Council.

Reasonable dispatch

21 The arbitrator must conduct hearings and make a decision on the

uneffected Agreement or the unrenewed contract as soon as is

reasonably practicable.

Final offer selection

22(1) The arbitrator must use final offer selection, whereby each party

to the arbitration submits to the arbitrator the party's final offer in

respect of all unresolved issues and the arbitrator must select, without

modification, the complete offer of one of the parties.

(2) If all of the parties agree, the arbitrator must make an award on

individual, or a combination of, unresolved issues.

(3) If the parties cannot reach an Agreement under subsection (2) at

the beginning of the first day of the arbitration proceedings, the

arbitrator must select, without modification, the complete offer

submitted by one of the parties.

Service of notices, etc.

23(1) A notice, application, direction, order or other communication

made in respect of an arbitration under this Part may be served on the

person to whom it applies or is directed

(

a) by personal service, or

(

b) by being

(

i) sent by registered or certified mail addressed to the

latest address of that person, or

(ii) transmitted by electronic means to that person at the

latest number or address at which the transmission can

be received,

that is shown on the records of the Board or that is provided

to the arbitrator by that person.

(2) An electronic means may be used under subsection (1)(b)(ii) only

if the person receiving the communication receives at least a printed

image of the contents of the communication that is being served.

(3) Notwithstanding subsection (1), if any party to whom a notice,

application, direction, order or other communication has been sent for

the purpose of this

Part cannot be found or if for any reason service

cannot be readily effected in accordance with this Part, the arbitrator

may dispense with service or may grant an order allowing for

substitutional service by a method that the arbitrator considers

appropriate.

(4) A party who sends a notice, application, direction, order or other

communication to the arbitrator must forthwith serve a copy of it on

the other party and notify the arbitrator that the copy has been served.

Application for directions

24(1) A party may apply in writing to the arbitrator on any subject

relating to the issues before the arbitrator.

(2) When a party makes an application under subsection (1), it must

serve a copy of the application on the other party.

(3) A party, on receipt of a copy of an application served under

subsection (2), may, within 7 days from the day the party was served

with a copy of the application, make an objection in writing to the

arbitrator.

(4) On receipt of an application or objection under this section, the

arbitrator may, with or without holding a hearing, give directions that

the arbitrator considers appropriate.

Directions by arbitrator

25(1) Any direction from the arbitrator to the parties must

(

a) be in writing, or

(

b) if given orally, be confirmed in writing by the arbitrator

within 7 days from the day that the directions were given.

(2) The written direction or the written confirmation of an oral

direction must be served on the parties.

Determining jurisdiction of arbitrator

26(1) The arbitrator must consider whether the issues proposed for

arbitration are matters that could be the subject of an Agreement or

contract.

(2) If the arbitrator concludes that an issue proposed for arbitration

cannot be the subject of an Agreement or contract, the arbitrator shall

not deal with that issue.

Conduct of arbitration

27 The arbitrator must, with or without preliminary hearings, direct

the parties as to how the arbitration is to be conducted.

Hearings and evidence

28(1) The arbitrator must, in conducting an arbitration,

(

a) hold a hearing in the presence of the parties,

(

b) consider documentary evidence submitted by a party or a

party's legal counsel or other representative,

(

c) hear oral evidence, and

(

d) consider arguments submitted by a party or the party's legal

counsel or other representative.

(2) Notwithstanding subsection (1), if the arbitrator considers it

appropriate, the arbitrator may dispense with a hearing but must

(

a) consider written submissions, documentary evidence and

written arguments submitted by the parties or the party's

legal counsel or other representative, and

(

b) review and examine any matters referred to the arbitrator, as

the arbitrator considers necessary.

(3) The parties or their legal counsel or other representative are

entitled to be present at any review and examination conducted by the

arbitrator under subsection (2)(b).

(4) If the arbitrator is to hold a hearing, the arbitrator must notify the

parties in writing of the date, time and place for the hearing.

(5) Subject to an adjournment being granted, the hearing must be held

daily until the arbitration is concluded.

Attendance at hearing

29 Unless the arbitrator, after consulting with the parties, orders

otherwise, only the following persons may be present at a hearing:

(

a) the arbitrator;

(

b) the arbitrator's officers and employees;

(

c) each party;

(

d) subject to

section 30, legal counsel or other representatives of

the parties and the arbitrator;

(

e) the witnesses;

(

f) officers or members of the Council.

Representation

30(1) Unless otherwise agreed to by the parties and approved by the

arbitrator, any party may be represented at any stage of the

proceedings by legal counsel or other representative if the notice of the

intended representation is given in writing to the arbitrator and to the

other party in sufficient time for each of them to be able to arrange to

be similarly represented.

(2) If a party is represented in accordance with subsection (1),

(

a) the party must instruct its legal counsel or other

representative, and

(

b) the party may only participate in the proceedings as a

witness.

(3) If a person appears at a hearing as a representative, that person is

not precluded from appearing as a witness at that hearing.

(4) If a party has not, in the opinion of the arbitrator, given notice in

accordance with subsection (1), the arbitrator may adjourn the hearing

so that subsection (1) is complied with in a manner satisfactory to the

arbitrator.

Adjournment of hearing

31 The arbitrator may, for any reason that the arbitrator considers

appropriate, adjourn a hearing at any time prior to the commencement

of the hearing or at any time during the hearing.

Failure to attend

32(1) If any party or the party's legal counsel or other representative

fails to attend a hearing for which notice was served by the arbitrator,

the arbitrator may, on any conditions that the arbitrator considers

appropriate,

(

a) adjourn the hearing for not more than 7 days, and

(

b) at the conclusion of the adjournment, proceed to hear and

determine the matter whether or not the party in respect of

whom the adjournment was granted attends or is represented.

(2) Written notice of the date for the adjourned hearing and of the

arbitrator's intention to proceed must be served forthwith on both

parties by the arbitrator.

Evidence

33(1) Unless otherwise agreed to by the parties, the arbitrator must

require witnesses to be examined on oath or affirmation.

evidence may be given.

Production of documents

34 The arbitrator may direct the parties to produce to the arbitrator

the documents, correspondence, books and records in their possession

or under their control that, in the opinion of the arbitrator, are relevant

to the dispute.

Conclusions

35 The arbitrator is entitled to use the arbitrator's own technical

knowledge, skills and general knowledge when reaching conclusions

based on the arbitrator's inspections under

section 28(2),

considerations and evaluation of the evidence.

Determination in writing

36 The arbitrator must

(

a) make a decision in writing as soon as practicable, and

(

b) notify the parties of it.

Incorporation of settlement into determination

37(1) If the parties settle on any issue under arbitration, they must

notify the arbitrator of the settlement and the arbitrator must

incorporate the settlement into the arbitrator's decision.

(2) If the parties' settlement does not resolve all the issues in dispute,

the outstanding issues are the issues on which the arbitrator must make

a decision.

Settlement terminating arbitration

38 If, before the publication of the arbitrator's decision, the parties

themselves settle all the issues in dispute, they must immediately

notify the arbitrator in writing and the arbitrator must accept the notice

as terminating the arbitration proceedings.

Arbitration determination final

39 Subject to the Act, a decision of the arbitrator is final and binding

(

a) the Board and the licensed processor, and

(

b) every licensed producer

to the extent that they choose to produce, market or process the

regulated product in the area of Alberta to which the Plan applies.

Fees and expenses of arbitrator

40 The parties must share equally the fees and expenses of the

arbitrator.

Part 6

Board Power

Arbitration not initiated

41(1) If the members of the Agency do not refer an uneffected

Agreement or specific issues in it to either mediation or arbitration, or

both, in accordance with this Regulation,

(

a) the Board may determine the minimum prices that must be

paid to licensed producers for the regulated product or any

class, variety, grade, size or kind of the regulated product,

and

(

b) if the Board makes a determination pursuant to clause (a), the

Board must issue an order to that effect.

(2) An order issued pursuant to subsection (1)(

b) is binding on the

licensed processors and the licensed producers.

Part 7

Repeal and Expiry

Repeal

42 The Vegetable Negotiating Agency Regulation (AR 63/94) is

repealed.

Expiry

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

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

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

Regulation expires on June 30, 2015.

Alberta Regulation 26/2008

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: January 31, 2008

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

January 28, 2008 pursuant to

section 73 of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulations (AR 151/71)

are amended by this Regulation.

Section 16.530(1) is repealed and the following is

substituted:

16.530(1) For the 2008-2009 fiscal year of the Board the orphan

fund levy payable by a licensee is calculated in accordance with the

following formula:

Levy = x $12 000 000

where

A is the licensee's deemed liability on February 2, 2008 for all

facilities, wells and unreclaimed sites licensed to the licensee,

as calculated in accordance with Directive 006, and

B is the sum of the industry's liability on February 2, 2008 for

all licensed facilities, wells and unreclaimed sites, as

calculated in accordance with Directive 006.

3 The heading to

Part 18 is repealed and the following is

substituted:

Part 18

Repeal, Expiry and Coming into Force

4 The following is added after

section 18.010:

18.015 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 February 28, 2018.

ERRATUM

Alberta Regulation 260/2007 as published in The Alberta Gazette of January 15, 2008

(vol. 104 no. 1 p.913) is incorrect. AR 260/2007 reads as follows:

1 The Cattle Marketing Regulation (AR 204/98) is amended

by this Regulation.

Section 13 is amended by striking out "July 1, 2008" and

substituting "March 31, 2009".