THE ALBERTA GAZETTE,

PART II, OCTOBER 15, 1998

Alberta Regulation 173/98

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: September 16, 1998

Made by the Lieutenant Governor in Council (O.C. 375/98) pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans Act.

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

Regulation.

Part 1 of

Schedule 2 is amended by adding the following body to the

list in that

Part in its appropriate alphabetical order:

LAPP Corporation, to the extent that and while the Board is a

corporation operating under that name as a result of

section 48 of

Schedule

1 to the Regulations

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Alberta Regulation 174/98

Government Organization Act

MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION

Filed: September 16, 1998

Made by the Lieutenant Governor in Council (O.C. 380/98) 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 1(2) by striking out "1997 and 1998"

and substituting "1997, 1998, 1999 and 2000".

Alberta Regulation 175/98

Municipal Government Act

SOUTH FORTY WASTE SERVICES COMMISSION REGULATION

Filed: September 16, 1998

Made by the Lieutenant Governor in Council (O.C. 383/98) pursuant to

section 602.02 of the Municipal Government Act.

Table of Contents

Establishment 1

Members 2

Services 3

Operating deficits 4

Sale of property 5

Profit and surpluses 6

Establishment

1 A regional services commission known as the South Forty Waste Services

Commission is established.

Members

2 The following municipalities are members of the Commission:

(

a) The County of Forty Mile No. 8;

(

b) Village of Foremost.

Services

3 The Commission is authorized to provide solid waste management

services.

Operating deficits

4 The Commission may not assume operating deficits that are shown on the

books of any of the member municipalities.

Sale of property

5(1) The Commission may not, without the approval of the Lieutenant

Governor in Council, sell any of its land, buildings or personal property

whose purchase has been funded wholly or partly by grants from the

Government of Alberta.

(2) The Lieutenant Governor in Council may give approval under subsection

(1) if satisfied

(

a) as to the repayment of grants from the Government of Alberta

and outstanding debt associated with that portion of the land, buildings

and personal property to be sold,

(

b) that the sale would not have a significant adverse effect on

the services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surpluses

6(1) Unless otherwise approved by the Minister, the Commission must not

(

a) operate for the purposes of making a profit, or

(

b) distribute any of its surpluses to its member municipalities.

(2) The Minister's approval may contain any terms or conditions that the

Minister considers appropriate.

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Alberta Regulation 176/98

Provincial Court Judges Act

PAYMENT TO PROVINCIAL JUDGES REGULATION

Filed: September 16, 1998

Made by the Lieutenant Governor in Council (O.C. 387/98) pursuant to

section 17 of the Provincial Court Judges Act.

Table of Contents

Salary 1

Supernumerary judges remuneration 2

Additional remuneration for night sittings 3

Subsistence and travelling allowances 4

Northern allowances 5

Automobile for chief judge 6

L.T.D.I 7

Extended medical benefits 8

Lump sum payments for prior pensionable service 9

Repeal 10

Salary

1 Effective April 1, 1998,

(

a) the chief judge shall be paid a salary of $140 000 per year,

(

b) an assistant chief judge shall be paid a salary of $132 500 per

year, and

(

c) other full time judges shall be paid a salary of $125 000 per

year.

Supernumer-ary judges remuneration

2 Effective April 1, 1998, a supernumerary judge shall be paid for

holding a sitting or otherwise acting as a supernumerary judge

(

a) for a full day, $558, and

(

b) for only « a day, $279.

Additional remuneration for night sittings

3 Where a judge is designated as a judge who may hold night sittings,

that judge may be paid, in addition to his salary or fee, $75 for each

night that he holds a night sitting.

Subsistence and travelling allowances

4(1) A judge shall be paid subsistence and travelling allowances in

accordance with the Public Service Subsistence, Travel and Moving Expenses

Regulation made under the Public Service Act.

(2) Notwithstanding the Public Service Subsistence, Travel and Moving

Expenses Regulation, a judge who is authorized to use his own motor vehicle

on official business shall be reimbursed at a rate of 30 cents per

kilometre.

Northern allowances

5 A judge shall be paid Northern Allowance in accordance with the Public

Service Employment Regulation made under the Public Service Act.

Automobile for chief judge

6 An automobile and replacement automobiles shall be provided to the

chief judge in the same manner as automobiles are provided under Treasury

Board Directive (4/79), as amended.

L.T.D.I.

7 Judges are entitled to receive Long Term Disability Income Continuance

Plan benefits as set out in Order in Council 846/80 except that, effective

April 1, 1998,

(

a) the benefits are extended to the age of 70 years, and

(

b) the maximum benefit amount set out in

section 7(1) of the Plan

does not apply.

Extended medical benefits

8 The Government shall pay one half the cost of the Government Employees

Group Extended Medical Benefits Plan premium for each judge who opts to

participate in that Plan.

Lump sum payments for prior pensionable service

9(1) In this section,

(a) "judge" means a person who, immediately before September 1,

1988, held office as a judge of the Provincial Court of Alberta, other than

as a supernumerary judge, and had accumulated prior pensionable judicial

service;

(b) "lump sum payment" means a lump sum 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;

(c) "Minister" means the Minister within the meaning of the pension

plan;

(d) "pension plan" means the Provincial Judges and Masters in

Chambers Pension Plan Regulation (AR 265/88) or the pension plan

thereunder;

(e) "prior pensionable judicial service" means pensionable service

standing to a judge's credit in the Public Service Management Pension Plan

in the form of service under that Plan as a judge of the Provincial Court

of Alberta;

(f) "spouse" has the meaning assigned to it by the pension plan.

(2) A lump sum payment shall be made to

(

a) 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,

(

b) the surviving spouse of a deceased judge, who becomes entitled

to receive a pension under

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

(

c) where a judge dies as a participant of the pension plan leaving

no surviving spouse, the judge's estate.

Repeal

10 The Payment to Provincial Judges Regulation (AR 27/80) is repealed.

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Alberta Regulation 177/98

Provincial Court Judges Act

Court of Queen's Bench Act

PROVINCIAL JUDGES AND MASTERS IN CHAMBERS (TEMPORARY

PENSION ARRANGEMENTS) REGULATION, 1998

Filed: September 16, 1998

Made by the Lieutenant Governor in Council (O.C. 388/98) pursuant to

section 17 of the Provincial Court Judges Act and

section 8 of the Court of

Queen's Bench Act.

Table of Contents

Definitions 1

Conflict between arrangements 2

Participant contributions 3

Contribution rate 4

Accrual rate 5

Trust 6

CCITF account 7

Over-contributions and under-contributions 8

Retroactivity 9

Expiry 10

Preamble

WHEREAS the Supreme Court of Canada has recently decided certain questions

on the subject-matters of benefits payable to provincial judges and

judicial independence; and

WHEREAS the Judicial Compensation Commission has made recommendations, and

the Lieutenant Governor in Council has made an order, respecting those

benefits, including specifically pensions, and also those for masters in

chambers; and

WHEREAS the Supreme Court of Canada ordered the Government to implement the

new benefit arrangements before September 18, 1998; and

WHEREAS certain of those arrangements are to have retroactive effect to

April 1, 1998 and the ultimate intention is to establish new pension

arrangements on or as close as possible to the basis that would have

pertained had the new arrangements actually been made and been in force on

April 1, 1998; and

WHEREAS it will take more time, including possible statutory change, before

the new pension arrangements can be fully implemented;

THEREFORE the Lieutenant Governor in Council enacts as follows:

Definitions

1 In this Regulation,

(a) "new pension arrangements" means the new pension or other

retirement plan arrangements, or both, in whatever form they will

ultimately take, reflecting the new post-April 1, 1998 arrangements

referred to in the

Preamble;

(b) "present Judges' Plan" means the pension plan under the

Provincial Judges and Masters in Chambers Pension Plan Regulation (AR

265/88), as it was in force on March 31, 1998.

Conflict between arrangements

2 To the extent that this Regulation and the present Judges' Plan are

inconsistent, this Regulation prevails.

Participant contributions

3 Those participants of the present Judges' Plan who are eligible to

participate in the new pension arrangements are liable to make and shall

make, and the Government shall deduct from their remuneration, participant

contributions with effect from April 1, 1998, and the Government shall make

such extra deductions as it considers appropriate to capture contributions

retroactively payable with effect from before the enactment of this

Regulation.

Contribution rate

4 Participant contributions under

section 3 are payable at the rate of 7%

of each eligible participant's annual salary payable after March 31, 1998.

Accrual rate

5 With respect to pensionable service performed after March 31, 1998

under the new pension arrangements, pension benefits are to accrue based on

a multiple accrual rate of 2.67% of pensionable salary payable after that

date instead of the 2% of the capped pensionable salary under the present

Judges' Plan.

Trust

6 The contributions referred to in

section 3 are to be made to, and held

by, the Provincial Treasurer in trust, on behalf of the new pension

arrangements, for the persons entitled or prospectively or potentially

entitled to benefits ultimately under the new pension arrangements.

CCITF account

7 The Provincial Treasurer shall establish a Consolidated Cash Investment

Trust Fund account into which all contributions under the new pension

arrangements are to be paid pending the completion of the new pension

arrangements, such money being held by the Provincial Treasurer subject to

the trust under

section 6.

Over-contributions and under-contributions

8 If, when the new pension arrangements have been enacted, it transpires

that an eligible participant of them has paid more in contributions than is

legally required, or has paid less than that, sections 111 and 110,

respectively, of the Management Employees Pension Plan (AR 367/93) apply,

with interest at the respective rate payable under that Plan, to the

overpayment or underpayment.

Retroactivity

9 This Regulation is to have retroactive effect to the extent necessary

to achieve its proper implementation.

Expiry

10 This Regulation ceases to have any force on the date that the new

pension arrangements are enacted.

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Alberta Regulation 178/98

Hydro and Electric Energy Act

HYDRO AND ELECTRIC ENERGY AMENDMENT REGULATION

Filed: September 22, 1998

Made by the Alberta Energy and Utilities Board pursuant to

section 3 of the

Hydro and Electric Energy Act.

1 The Hydro and Electric Energy Regulation (AR 409/83) is amended by this

Regulation.

2 The heading "SCHEDULE OF FEES" preceding

section 20 is repealed and the

heading "Fees" is substituted.

Section 20 is repealed.

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Alberta Regulation 179/98

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: September 22, 1998

Made by the Alberta Energy and Utilities Board pursuant to

section 10 of

the Oil and Gas Conservation Act.

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

this Regulation.

Section 2.020(2) is repealed.

Section 2.030 is amended

(

a) by repealing subsection (3);

(

b) in subsection (4)(

b) by striking out "fee,".

Section 2.040(4) is repealed.

Section 2.050 is amended

(

a) in subsection (1) by striking out "Board, and must be

accompanied by the fee prescribed in

section 17.010," and substituting

"Board";

(

b) in subsection (2) by striking out "17.010 for an application

for transfer of a well licence" and substituting "17.010(1)(d.1)".

Section 2.082 is amended by striking out "Board, and must be

accompanied by the fee prescribed in

section 17.010" and substituting

"Board".

Section 13.010(3) is amended by striking out "Board, and paying the fee

prescribed by

section 17.010" and substituting "Board".

8 Sections 16.610(2) and 16.620(2) are amended by striking out "and be

accompanied by the fee set out in

section 17.010".

Section 17.010 is amended

(

a) by repealing subsection (1)(

a) to (

d) and (

e) to (k);

(

b) by repealing subsection (1.1) and substituting the following:

(1.1) An applicant for a licence who has not held a licence

issued under this Regulation must pay a fee of $10 000.

(

c) by repealing subsection (2).

Alberta Regulation 180/98

Oil Sands Conservation Act

OIL SANDS CONSERVATION AMENDMENT REGULATION

Filed: September 22, 1998

Made by the Alberta Energy and Utilities Board pursuant to

section 21 of

the Oil Sands Conservation Act.

1 The Oil Sands Conservation Regulation (AR 76/88) is amended by this

Regulation.

2 The heading "PART 6

SCHEDULE OF FEES" preceding

section 60 is amended

by striking out "SCHEDULE OF".

Section 60 is repealed.

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Alberta Regulation 181/90

Pipeline Act

PIPELINE AMENDMENT REGULATION

Filed: September 22, 1998

Made by the Alberta Energy and Utilities Board pursuant to

section 3 of the

Pipeline Act.

1 The Pipeline Regulation (AR 122/87) is amended by this Regulation.

2 Sections 76 to 78 and 82 are repealed.

Alberta Regulation 182/98

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE

PROVISIONS) AMENDMENT REGULATION

Filed: September 30, 1998

Made by the Lieutenant Governor in Council (O.C. 393/98) pursuant to

Schedule 1,

section 12 of the Public Sector Pension Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR

365/93) is amended by this Regulation.

Section 2.1 of

Schedule 1 is amended by adding the following after

clause (a):

(a.1) reductions (including reductions to zero) in rates

of additional contributions pursuant to the latest actuarial valuation,

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Alberta Regulation 183/98

Government Organization Act

ECONOMIC DEVELOPMENT GRANT REGULATION

Filed: September 30, 1998

Made by the Lieutenant Governor in Council (O.C. 398/98) pursuant to

section 13 of the Government Organization Act.

Table of Contents

Authority of Minister 1

Application 2

Agreements 3

Payment of grant 4

Use of grant 5

Accounting for grant expenditure 6

Transitional 7

Repeals 8

Expiry 9

Coming into force 10

Authority of Minister

1(1) The Minister of Economic Development is authorized to make grants in

accordance with this Regulation.

(2) The Minister may delegate to any employee of the Government any power

conferred on the Minister under

section 13 of the Government Organization

Act or by this Regulation.

Application

2 An organization or individual may apply to the Minister for a grant in

the form required by the Minister.

Agreements

3 The Minister may enter into agreements, and may require applicants for

a grant to enter into agreements, with respect to any matter relating to a

grant.

Payment of grant

4 The Minister may provide for the payment of a grant in a lump sum or by

way of instalments at the times the Minister considers appropriate.

Use of grant

5(1) The recipient of a grant shall use the grant only

(

a) for the purpose for which it was provided, or

(

b) for any variation of that purpose if the variation has been

approved by the Minister.

(2) If the recipient of a grant does not use all of the grant for the

purpose for which the grant was provided, the recipient shall repay any

unused part of the grant to the Provincial Treasurer.

Accounting for grant expenditure

6 The recipient of a grant shall

(

a) when the Minister requires, produce evidence satisfactory to

the Minister of how the grant was used or is being used, and the Minister

may require the recipient to provide an audited statement relating to the

expenditure of the grant, and

(

b) permit the Minister or Auditor General or a representative of

either to make any examinations of the books and records of the recipient

pertaining to the grant that the Minister or Auditor General may from time

to time consider necessary.

Transitional

7 A grant made under any predecessor to this Regulation is deemed to have

been made under this Regulation.

Repeals

8 The following are repealed:

(

a) the Tourism Grant Regulation (AR 336/86);

(

b) the Technology, Research and Telecommunications Grants

Regulation (AR 333/86);

(

c) the Economic Development and Trade Grant Regulation (AR

216/87).

Expiry

9 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 July 1, 2002.

Coming into force

10 This Regulation comes into force on October 1, 1998.

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Alberta Regulation 184/98

Mines and Minerals Act

REACTIVATED WELL ROYALTY EXEMPTION

AMENDMENT REGULATION

Filed: September 30, 1998

Made by the Lieutenant Governor in Council (O.C. 401/98) pursuant to

section 37 of the Mines and Minerals Act.

1 The Reactivated Well Royalty Exemption Regulation (AR 352/92) is

amended by this Regulation.

Section 2(4) is amended by striking out "must begin on" and

substituting "begins on the first day of".

Alberta Regulation 185/98

Natural Gas Marketing Act

NATURAL GAS MARKETING AMENDMENT REGULATION

Filed: September 30, 1998

Made by the Lieutenant Governor in Council (O.C. 402/98) pursuant to

section 13 of the Natural Gas Marketing Act.

1 The Natural Gas Marketing Regulation (AR 358/86) is amended by this

Regulation.

Section 20 is amended

(

a) in subsection (4) by striking out "subsections (5) and (6)" and

substituting "subsection (5)";

(

b) by repealing subsection (6).

Section 23 is amended

(

a) in subsection (6) by striking out "subsections (7) and (8)" and

substituting "subsection (7)";

(

b) by repealing subsection (8).

4 The Alberta Petroleum Marketing Commission may grant a penalty waiver

under

section 20(4)(a)(ii) or (iii) or both and

section 23(6)(a)(ii) or

(iii) or both of the Natural Gas Marketing Regulation in respect of reports

or statements required to be furnished in January 1998 and subsequent

months.