Alberta Gazette — 15 September 2008 (Part II)
15 September 2008
Alberta — Gazette
Alberta Regulation 145/2008
School Act
CAPITAL BORROWING AMENDMENT REGULATION
Filed: August 25, 2008
For information only: Made by the Minister of Education (M.O. 024/2008) on
August 21, 2008 pursuant to
section 183(4) of the School Act.
1 The Capital Borrowing Regulation (AR 188/98) is
amended in
section 10 by striking out "August 31, 2008" and
substituting "February 28, 2009".
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Alberta Regulation 146/2008
Fair Trading Act
GIFT CARD REGULATION
Filed: August 26, 2008
For information only: Made by the Minister of Service Alberta (M.O. 011/2008) on
August 25, 2008 pursuant to
section 4.1 of the Fair Trading Act.
Table of Contents
Definitions
2 Prohibition against expiry date
3 Fees
4 Unfair practices
5 Disclosure requirements
6 Proof of purchase
7 Offences
8 Expiry
9 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Fair Trading Act;
(b) "prepaid purchase card" means a written certificate,
electronic card or other voucher or payment device with a
monetary value for which a purchaser provides consideration
and that
(
i) may or may not be increased in value or reloaded,
(ii) is purchased or loaded on a prepaid basis in a specific
amount for the future purchase or delivery of goods or
services, and
(iii) is honoured on presentation to a supplier,
and includes a gift card and gift certificate;
(c) "supplier" means a person who, in the course of the person's
business,
(
i) sells or offers for sale prepaid purchase cards, or
(ii) honours prepaid purchase cards on presentation,
and includes any salesperson, employee, representative or
agent of the person.
Prohibition against expiry date
2(1) No supplier shall offer for sale or sell a prepaid purchase card
that has an expiry date.
(2) If a prepaid purchase card has an expiry date that has not expired
on the coming into force of this Regulation, the expiry date has no
effect.
Fees
3(1) A supplier may charge a purchaser a one-time fee for activating a
prepaid purchase card at the time the prepaid purchase card is
purchased.
(2) A supplier may charge a fee for replacing a lost or stolen prepaid
purchase card.
(3) A supplier may charge a fee to customize a prepaid purchase card.
(4) No supplier may charge a fee other than those authorized in this
section.
(5) Subsection (4) applies to prepaid purchase cards sold before, on or
after the day on which this Regulation comes into force.
Unfair practices
4 The following activities are unfair practices for the purposes of the
Act:
(
a) the offering for sale and the sale of prepaid purchase cards in
contravention of
section 2;
(
b) the charging or deduction of a fee from the balance
remaining on a prepaid purchase card in contravention of
section 3;
(
c) the refusal to accept a prepaid purchase card as partial
payment on a purchase;
(
d) the withholding of any unused balance remaining after a
prepaid purchase card has been used.
Disclosure requirements
5(1) A supplier that sells a prepaid purchase card shall, in a clear and
the use of the prepaid purchase card on the prepaid purchase card itself
and on any packaging or promotional materials associated with the
prepaid purchase card.
include the following:
(
a) contact information for the purpose of obtaining information
about the prepaid purchase card, including the balance
remaining on the prepaid purchase card;
(
b) any restrictions, limitations or conditions that the supplier
imposes on the use of the prepaid purchase card, including
without limitation
(
i) that the prepaid purchase card cannot be exchanged for
cash,
(ii) that the prepaid purchase card cannot be used to make a
payment on a credit account, and
(iii) the return policy that will apply to purchases made with
the prepaid purchase card.
Proof of purchase
6 A supplier that sells a prepaid purchase card must provide the
purchaser with a receipt as proof of purchase at the time of the sale.
Offences
7 Any supplier that contravenes
section 2, 3(4), 4, 5 or 6 is guilty of
an offence.
Expiry
8 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 October 31, 2013.
Coming into force
9 This Regulation comes into force on November 1, 2008.
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Alberta Regulation 147/2008
Marketing of Agricultural Products Act
ALBERTA MILK PLAN AMENDMENT REGULATION
Filed: August 27, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 407/2008)
on August 27, 2008 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Milk Plan Regulation (AR 150/2002) is
amended by this Regulation.
Section 1(bb) is repealed.
Section 5(4) is repealed.
Section 10 is amended
(
a) in subsection (4) by adding "present at the annual or
special region meetings held" after "a vote of the majority of
licensed producers";
(
b) in subsection (5) by adding "and the total number of
votes shall be tallied to determine if a majority of producers
present at the meetings held throughout Alberta have voted to
approve the change to the service charge" after "meeting".
Section 25(2) is amended
(
a) in clause (
a) by adding "annual general meeting that
follows the" before "annual region meeting";
(
b) in clause (
b) by adding "annual general meeting that
follows the" before "annual region meeting".
Section 26(2) is amended by adding "(d), (e), (f), (g), (h), (
i) and (j)" after "(1)".
Section 39 is amended
(
a) in clause (
c) by striking out "executive director" and
substituting "2nd vice-chair";
(
b) in clause (
d) by striking out "executive director" and
substituting "2nd vice-chair";
(
c) in clause (
e) by striking out "executive director" and
substituting "2nd vice-chair".
Section 40(2) and (3) are amended by striking out
"executive director" and substituting "2nd vice-chair".
Section 43 is amended
(
a) in subsection (2)(b)(
i) and (ii) by adding "the annual
general meeting following" before "the annual region
meeting" wherever it occurs;
(
b) in subsection (7) by striking out "3 years" and
substituting "one year".
Section 56 is repealed and the following is substituted:
Tie vote
56(1) If there are more than 2 nominations for the position and a
tie vote occurs between 2 or more of the candidates that received
the largest number of votes, the candidates with the smaller
number of votes shall be eliminated and a 2nd election for the
position shall be immediately held among the tied candidates.
(2) If there are only 2 nominations for the position and a tie vote
occurs, a 2nd election for the position shall be immediately held
among the tied candidates and, if a tied vote occurs again, the
returning officer shall immediately select, by draw, the candidate
for the position and that person is deemed to have been elected to
the position.
Section 61 is amended by striking out "February 28, 2009"
and substituting "February 28, 2014".
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Alberta Regulation 148/2008
Assured Income for the Severely Handicapped Act
ASSURED INCOME FOR THE SEVERELY HANDICAPPED GENERAL
AMENDMENT REGULATION
Filed: August 27, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 412/2008)
on August 27, 2008 pursuant to
section 12 of the Assured Income for the Severely
Handicapped Act.
1 The Assured Income for the Severely Handicapped
General Regulation (AR 91/2007) is amended by this
Regulation.
Section 16 is amended by striking out "2008" and
substituting "2011".
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Alberta Regulation 149/2008
Judicature Act
COMPENSATION COMMISSION REPEAL REGULATION
Filed: August 27, 2008
For information only: Made by the Lieutenant Governor in Council (O.C. 426/2008)
on August 27, 2008 pursuant to
section 42 of the Judicature Act.
1 The following regulations are repealed:
(
a) Alberta Provincial Judges Compensation
Commission Regulation (AR 111/2006);
(
b) Justices of the Peace Compensation Commission
Regulation (AR 222/2006);
(
c) Justices of the Peace Compensation Commission
Regulation (AR 242/2003).