Alberta Gazette — 30 June 2006 (Part II)
30 June 2006
Alberta — Gazette
Alberta Regulation 138/2006
Protection of Children Abusing Drugs Act
PROTECTION OF CHILDREN ABUSING DRUGS ACT COURT FORMS
AND PROCEDURES REGULATION
Filed: June 5, 2006
For information only: Made by the Minister of Health and Wellness (M.O. 60/2006)
on June 1, 2006 pursuant to
section 12(
a) and (
b) of the Protection of Children
Abusing Drugs Act.
Table of Contents
1 Application form
2 Defect of form
3 Forms
4 Expiry
5 Coming into force
Schedule
Application form
1(1) An application under the Act must be commenced by completing
and filing the relevant form with the clerk of the Court before the
Court hears the application.
(2) Notwithstanding subsection (1), the Court may hear an application
before the relevant form is filed with the clerk of the Court.
Defect of form
2 No proceeding shall be defeated on the ground of an alleged defect
of form.
Forms
3 The forms to be used in any application to the Court under the Act
are the forms in the Schedule.
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 June 30, 2016.
Coming into force
5 This Regulation comes into force on July 1, 2006.
Schedule
Form 1
Notice and Application for an
Apprehension and Confinement Order
In the Provincial Court of Alberta
In the Matter of an Application Under
Section 2
of the Protection of Children Abusing Drugs Act
Regarding (Child's name) ,
A child within the meaning of the Protection of Children Abusing
Drugs Act
Born (Child's birth date)
Application
This application is made regarding the Child.
My name is . My address is
. My telephone number is .
I am a guardian of the Child.*
? I am applying for an order under
section 2 of the Protection of
Children Abusing Drugs Act to:
a. authorize the confinement of the Child in a protective safe
house for a period of not more than 5 days,
b. authorize the director or the head of the safe house to confine
the Child in accordance with the order, and
c. authorize the Alberta Alcohol and Drug Abuse Commission
to assess the Child and to treat the Child for detoxification
during the confinement.
? I am applying for an order under
section 2 of the Protection of
Children Abusing Drugs Act to authorize a police officer to apprehend
and convey the Child to a protective safe house.
? I am applying for an order under
section 2 of the Protection of
Children Abusing Drugs Act to authorize a police officer to enter, by
force if necessary, the place or premises at
, and to search for
and apprehend the Child.
* If the child has any other guardian(s), including a director under the
Child, Youth and Family Enhancement Act, the other guardian(
s) must
be given notice of this application.
Affidavit - Reasons for Application*
In support of my application, I make oath and say:
(
a) My reasons for making this application are: (Describe in your
own words what you know about the Child's use of drugs
and what effect you believe the use of drugs is having on the
Child. Any additional pages you wish to add must be sworn
and attached to this affidavit.)
(
b) I believe that the Child may be found at:
. My reasons for believing the
Child is at this location are that:
(Signature of Applicant)
SWORN BEFORE ME at )
in the Province of Alberta, this )
day of , 20 )
(Commissioner for Oaths in and for
the Province of Alberta)
* Under
section 2 of the Protection of
Children Abusing Drugs Act ("PCHAD"), a
Court may grant an apprehension and
confinement order if the Court is satisfied
that the child is abusing drugs. The Act
states that "a child is abusing a drug if
the child is using the drug and the use
caused or is likely to cause significant
psychological or social harm to the child,
or physical harm to the child or others".
Under
section 1 of PCHAD, "drug" is defined
as "alcohol or a substance, other than a
tobacco product, (
i) whose use is controlled
by law, or (ii) that is used by the child in
a manner that is not intended by the
manufacturer of the substance".
Notice
To: Alberta Alcohol and Drug Abuse Commission,* and
To: (name(
s) of other guardian(s), if any)
This is your notice that I am applying to the Court for the order
described above.
The Court hearing will be at am/pm, on (day)
(month) , 20 , at (location) .
If you want to speak to the judge about my application, you must
attend the Court hearing. At the end of the hearing, the judge will
decide whether or not to make an order to apprehend and confine the
Child.
If you do not attend the hearing, the judge may make the
decision in your absence.
* Notice to the Alberta Alcohol and Drug Abuse Commission may be
given by telephone at 1-888-844-5395.
Form 2
Affidavit of Service to
Alberta Alcohol and Drug Abuse Commission
In the Provincial Court of Alberta
In the Matter of an Application Under
Section 2
of the Protection of Children Abusing Drugs Act
Regarding (Child's name) ,
A child within the meaning of the Protection of Children Abusing
Drugs Act
Born (Child's birth date)
Affidavit
I, (name of applicant) , of (address) make oath and
say that I am a guardian of the Child.
I served notice to the Alberta Alcohol and Drug Abuse Commission on
(date notice given) that I am making an application for an
Apprehension and Confinement Order regarding the Child.
I served notice by way of:
? personal delivery to (address)
? telephone (telephone number)
? facsimile (facsimile number)
? other (describe method of service)
The notice I served consisted of:
? a copy of the Notice and Application for an Apprehension and
Confinement Order,
? a written notice of the nature, date, time and place of hearing
(attach copy),
? a verbal notice of the nature, date, time and place of hearing, or
? other (describe).
(Signature of Person making Affidavit)
SWORN BEFORE ME at )
in the Province of Alberta, this )
day of , 20 )
(Commissioner for Oaths in and for
the Province of Alberta)
Form 3
Affidavit of Service to
Other Guardian
In the Provincial Court of Alberta
In the Matter of an Application Under
Section 2
of the Protection of Children Abusing Drugs Act
Regarding (Child's name) ,
A child within the meaning of the Protection of Children Abusing
Drugs Act
Born (Child's birth date)
Affidavit
I, (name of applicant) , of (address) make oath and
say that I am a guardian of the Child.
I served notice to (name of other guardian) on (date
notice given) that I am making an application for an Apprehension
and Confinement Order regarding the Child.
I served notice by way of:
? personal delivery to (address)
? telephone (telephone number)
? facsimile (facsimile number)
? other (describe method of service)
The notice I served consisted of:
? a copy of the Notice and Application for an Apprehension and
Confinement Order,
? a written notice of the nature, date, time and place of hearing
(attach copy),
? a verbal notice of the nature, date, time and place of hearing, or
? other (describe).
(Signature of Person making Affidavit)
SWORN BEFORE ME at )
in the Province of Alberta, this )
day of , 20 )
(Commissioner for Oaths in and for
the Province of Alberta)
Form 4
Request for Review of
an Apprehension and Confinement Order
In the Provincial Court of Alberta
In the Matter of an Application for Review Under
Section 4
of the Protection of Children Abusing Drugs Act
Regarding (Child's name) ,
A child within the meaning of the Protection of Children Abusing
Drugs Act
Born (Child's birth date)
Request for Review
I am the Child (name of Child) . I was born (year/month/day) .
I am requesting a Review of the Apprehension and Confinement Order
dated (year/month/day) .
OPTIONAL: describe your reasons for asking the Court to review the
Apprehension and Confinement Order
(Signature)
(Date of Request for Review)
--------------------------------
Alberta Regulation 139/2006
School Act
PRACTICE REVIEW OF TEACHERS AMENDMENT REGULATION
Filed: June 6, 2006
For information only: Made by the Minister of Education (M.O. 011/2006) on May
28, 2006 pursuant to
section 94 of the School Act.
1 The Practice Review of Teachers Regulation (AR 4/99) is
amended by this Regulation.
Section 31 is amended by striking out "2006" and
substituting "2008".
Alberta Regulation 140/2006
Alberta Energy and Utilities Board Act
ADMINISTRATION FEES AMENDMENT REGULATION
Filed: June 7, 2006
For information only: Made by the Alberta Energy and Utilities Board on June 6,
2006 pursuant to
section 6 of the Alberta Energy and Utilities Board Act.
1 The Administration Fees Regulation (AR 135/2002) is
amended by this Regulation.
2 Sections 1, 2 and 3 are repealed and the following is
substituted:
Administration fee - coal mine
1(1) In this section, "coal production" means the total tons of coal
mined in Alberta by an operator of a coal mine in the 2005
calendar year.
(2) The administration fees payable for the purpose of
section 6 of
the Alberta Energy and Utilities Board Act for the fiscal year
2006-2007 by operators in respect of their coal mines are
calculated as follows:
coal production x $0.036398 for each ton of coal =
administration fee.
Administration fee - power plants
2(1) In this section, "marketed production" means the total
electric energy generated in Alberta by each operator of a power
plant or plants that is exchanged through the Power Pool of
Alberta, or sold to or through the City of Medicine Hat, in the 2005
calendar year.
(2) The administration fees payable for the purpose of
section 6 of
the Alberta Energy and Utilities Board Act for the fiscal year
2006-2007 by operators in respect of their power plants are
calculated as follows:
marketed production x $0.012206 for each MWh =
administration fee.
(3) Where the administration fee calculated under subsection (2) is
less than $5000 in total, the operator is exempt from the payment
of the administration fee.
Prescribed date
3 For the purposes of
section 6 of the Alberta Energy and
Utilities Board Act and this Regulation, the prescribed date for the
fiscal year 2006-2007 is March 31, 2007.
--------------------------------
Alberta Regulation 141/2006
Public Utilities Board Act
GENERAL ASSESSMENT ORDER FOR THE FISCAL YEAR 2006-2007
Filed: June 7, 2006
For information only: Made by the Alberta Energy and Utilities Board on June 6,
2006 pursuant to
section 22 of the Public Utilities Board Act.
Assessments
1 The assessments for the purposes of
section 22 of the Public
Utilities Board Act for the fiscal year 2006-2007 are prescribed as set
out in the Schedule.
Repeal
2 The General Assessment Order for the Fiscal Year 2005-2006
(AR 121/2005) is repealed.
Schedule
The following persons shall pay the following assessments for each
class in one lump sum on or before July 17, 2006:
Gas Transmission
NOVA Gas Transmission Ltd. $ 1 064 269.15
ATCO Gas and Pipelines Ltd. (ATCO Pipelines -
Gas Transmission) 260 730.85
Gas Distribution
ATCO Gas and Pipelines Ltd. (ATCO Gas -
Gas Distribution) 1 294 364.02
AltaGas Utilities Inc. 219 635.98
Gas Retail
Direct Energy Marketing Limited (DRT) 1 041 000.00
Electric Distribution
ENMAX Power Corporation 355 469.03
EPCOR Distribution Inc. 301 216.36
FortisAlberta Inc. 441 582.32
ATCO Electric Ltd. 415 730.77
Electric Retail
ENMAX Energy Corporation 315 669.32
EPCOR Energy Inc. 318 202.73
EPCOR Energy Alberta Inc. 499 445.50
Direct Energy Marketing Limited (RRT) 191 682.45
Electric Transmission
Independent System Operator 2 184 000.00
--------------------------------
Alberta Regulation 142/2006
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: June 7, 2006
For information only: Made by the Alberta Energy and Utilities Board on June 6,
2006 pursuant to sections 58 and 59 of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Regulation (AR 151/71) is
amended by this Regulation.
Section 16.080 is repealed and the following is
substituted:
16.080(1) An operator of one or more approved oil sands
projects shall pay for the base year the total of the administration
fees calculated in accordance with the formulas set out in
subsections (3) to (7).
(2) An operator of a portion of an oil sands project shall pay for
the base year an administration fee in the amount determined in
accordance with subsection (1) that corresponds to that operator's
portion of the oil sands project.
(3) An operator of one or more Class 1 approved oil sands projects
shall pay an administration fee calculated in accordance with the
following formula:
Fee for Class 1 = [(A x $5000) + B + (C x total bitumen
volumes produced in the base year by the operator's Class 1
oil sands projects)] x 1.345950
where
A is the number of Class 1 oil sands projects approvals
held by the operator
B is the fixed amount selected from Table A which
corresponds to the applicable production range from
Table A that contains the total bitumen volumes
produced in the base year by the operator's Class 1 oil
sands projects
C is the variable rate selected from Table A which
corresponds to the applicable production range from
Table A that contains the total bitumen volumes
produced in the base year by the operator's Class 1 oil
sands projects.
(4) An operator of one or more Class 2 approved oils sands
projects shall pay an administration fee calculated in accordance
with the following formula:
Fee for Class 2 = [(A x $5000) + B + (C x total bitumen
volumes produced in the base year by the operator's Class 2
oil sands projects)] x 1.633318
where
A is the number of Class 2 oil sands projects approvals
held by the operator
B is the fixed amount selected from Table A which
corresponds to the applicable production range from
Table A that contains the total bitumen volumes
produced in the base year by the operator's Class 2 oil
sands projects
C is the variable rate selected from Table A which
corresponds to the applicable production range from
Table A that contains the total bitumen volumes
produced in the base year by the operator's Class 2 oil
sands projects.
(5) An operator of one or more Class 3 approved oil sands projects
shall pay an administration fee in respect of each project calculated
in accordance with the following formula:
Fee for Class 3 project = [$5000 + A +(B x C)] x 1.352986
where
A is the fixed amount selected from Table A which
corresponds to the applicable production range from
Table A that contains the amount that is determined by
dividing the difference between the maximum amount
of bitumen volumes that may be produced by the project
in the base year under the approval and the volumes that
were actually produced by the age of the approval or the
most recent amended approval, calculated from the date
of issuance to December 31 of the base year and
rounded up to a full year (but if the bitumen volumes
produced exceed the maximum amount that may be
produced, A is $5000)
B is the variable rate selected from Table A which
corresponds to the applicable production range from
Table A that contains the amount that is determined by
dividing the difference between the maximum amount
of bitumen volumes that may be produced by the project
in the base year under the approval and the volumes that
were actually produced by the age of the approval or the
most recent amended approval, calculated from the date
of issuance to December 31 of the base year and
rounded up to a full year (but if the project did not
produce any bitumen in the base year or if the bitumen
volumes produced exceed the maximum amount that
may be produced, B is 0)
C is the amount determined by dividing the difference
between the maximum amount of bitumen volumes that
may be produced by the project in the base year under
the approval and the volumes that were actually
produced by the age of the approval or the most recent
amended approval, calculated from the date of issuance
to December 31 of the base year and rounded up to a
full year.
(6) An operator of one or more Class 4 approved oil sands projects
shall pay an administration fee calculated in accordance with the
following formula:
Fee for Class 4 = [(A x $10 000) + B + (C x total bitumen
volumes produced in the base year by the operator's Class 4
oil sands projects)] x 1.199625
where
A is the number of Class 4 oil sands project approvals held
by the operator
B is the fixed amount selected from Table B which
corresponds to the applicable production range from
Table B that contains the total bitumen volumes
produced in the base year by the operator's Class 4 oil
sands projects
C is the variable rate selected from Table B which
corresponds to the applicable production range from
Table B that contains the total bitumen volumes
produced in the base year by the operator's Class 4 oil
sands projects.
(7) An operator of one or more Class 5 approved oil sands projects
shall pay an administration fee in respect of each project calculated
in accordance with the following formula:
Fee for Class 5 project = [$10 000 + A +(B x C)] x 3.551656
where
A is the fixed amount selected from Table B which
corresponds to the applicable production range from
Table B that contains the amount that is determined by
dividing the difference between the maximum amount
of bitumen volumes that may be produced by the project
in the base year under the application or approval and
the volumes that were actually produced by the age of
the approval, the most recent amended approval or the
most recent application for an amendment to the
approval, calculated from the date of issuance to
December 31 of the base year and rounded up to a full
year (but if the bitumen volumes produced exceed the
maximum amount that may be produced, A is $2500)
B is the variable rate selected from Table B which
corresponds to the applicable production range from
Table B that contains the amount that is determined by
dividing the difference between the maximum amount
of bitumen volumes that may be produced in the base
year under the application or approval and the volumes
that were actually produced by the age of the approval,
the most recent amended approval or the most recent
application for an amendment to the approval,
calculated from the date of issuance to December 31 of
the base year and rounded up to a full year (but if the
project did not produce any bitumen in the base year or
if the bitumen volumes produced exceed the maximum
amount that may be produced, B is 0)
C is the amount determined by dividing the difference
between the maximum amount of bitumen volumes that
may be produced by the project in the base year under
the application or approval and the volumes that were
actually produced by the age of the approval, the most
recent amended approval or the most recent application
for an amendment to the approval, calculated from the
date of issuance to December 31 of the base year and
rounded up to a full year.
Table A
Production Range (m3)
Minimum
Maximum
Fixed
amount $
Variable rate
19 999
0.5000
20 000
49 999
0.3000
50 000
349 999
15 000
0.1800
350 000
2 499 999
50 000
0.0800
2 500 000
4 999 999
100 000
0.0600
5 000 000
9 999 999
200 000
0.0400
10 000 000
19 999 999
380 000
0.0220
20 000 000
29 999 999
570 000
0.0125
30 000 000
700 000
0.0100
Table B
Production Range (m3)
Minimum
Maximum
Fixed
amount $
Variable rate
19 999
0.4000
20 000
49 999
0.2125
50 000
349 999
10 000
0.1375
350 000
2 499 999
25 000
0.0946
2 500 000
4 999 999
65 000
0.0786
5 000 000
9 999 999
125 000
0.0666
10 000 000
19 999 999
200 000
0.0591
20 000 000
29 999 999
325 000
0.0529
30 000 000
500 000
0.0471
Section 16.081 is repealed and the following is
substituted:
16.081 For the 2006-2007 fiscal year of the Board, the annual
adjustment factor of 0.889667 must be applied to the
administration fees for wells described in
section 16.070.
Section 16.100 is repealed and the following is
substituted:
16.100 For the purpose of
Part 10 of the Act, the prescribed date
for the 2006-2007 fiscal year of the Board is March 31, 2007.
--------------------------------
Alberta Regulation 143/2006
School Act
SCHOOL COUNCILS AMENDMENT REGULATION
Filed: June 9, 2006
For information only: Made by the Minister of Education (M.O. 012/2006) on June
5, 2006 pursuant to
section 22(10) of the School Act.
1 The School Councils Regulation (AR 171/98) is amended
by this Regulation.
Section 19 is amended by striking out "June 30, 2006" and
substituting "June 30, 2007".
--------------------------------
Alberta Regulation 144/2006
Environmental Protection and Enhancement Act
CONSERVATION EASEMENT REGISTRATION
AMENDMENT REGULATION
Filed: June 9, 2006
For information only: Made by the Minister of Environment (M.O. 11/2006) on May
31, 2006 pursuant to
section 36 of the Environmental Protection and Enhancement
Act.
1 The Conservation Easement Registration Regulation
(AR 215/96) is amended by this Regulation.
Section 5 is amended by striking out "2006" and
substituting "2011".
Alberta Regulation 145/2006
School Act
HOME EDUCATION REGULATION
Filed: June 13, 2006
For information only: Made by the Minister of Education (M.O. 010/2006) on June
3, 2006 pursuant to
section 29(3) of the School Act.
Table of Contents
Definitions
2 Notice of intention to provide home education program
3 Home education program
4 Evaluation of student progress
5 Responsibilities of associate board or associate private school
6 High school credit eligibility
7 Funding
8 Termination of home education program
9 Ministerial review
10 Repeal
11 Expiry
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the School Act;
(b) "Alberta Programs of Study" means the courses of study,
education programs and instructional materials prescribed,
authorized and approved by the Minister under
section
39(1)(a), (
b) and (
d) of the Act;
(c) "associate board or associate private school" means
(
i) the resident board,
(ii) the willing non-resident board, or
(iii) the private school accredited under
section 28(2) of the
Act
that is supervising or has agreed to supervise a home
education program;
(d) "evaluation" means a judgment as to the quality, worth or
value of a response, product or performance of a student in a
particular year, based on the activities selected by a parent to
be focused on in a home education program for that year
pursuant to
section 3(3);
(e) "home education program" means an education program
provided by a parent to a student in accordance with this
Regulation, but does not include any portion of an education
program that is the responsibility of a board or an accredited
private school to deliver;
(f) "outcomes" means,
(
i) with respect to a student receiving a home education
program that follows the Alberta Programs of Study, the
learning goals prescribed by the Minister, and
(ii) with respect to a student receiving a home education
program that does not follow the Alberta Programs of
Study, the learning goals set out in the Schedule;
(g) "resident board" means the board of the district or division of
which a student is a resident student;
(h) "teacher" means a teacher as defined in the Act;
(i) "willing non-resident board" means a board that is not the
student's resident board but has agreed to supervise a home
education program.
Notice of intention to provide home education program
2(1) A parent who intends to provide a home education program to a
student during a school year must notify the associate board or
associate private school of that intention using the form set by the
Minister.
(2) A parent who is providing a home education program to a student
during a school year and intends to continue doing so during the next
school year must notify the associate board or associate private school
of that intention using the form set by the Minister.
(3) An associate board or associate private school that receives a
notice under subsection (1) or (2)
(
a) must complete its portion of the form referred to in
subsection (1) or (2), and
(
b) must notify the parent in writing within 15 school days after
receiving the notice that it agrees to supervise or continue to
supervise the home education program.
(4) An associate board or associate private school must notify the
parent of any implications that a home education program may have on
the student's eligibility to be granted high school credits under
section
Home education program
3(1) A parent who intends to provide a home education program must
develop the program.
(2) A home education program must enable a student to achieve
outcomes that are appropriate to that program.
(3) Each year a parent who intends to provide a home education
program must select activities to be focused on in the year that will
enable the student to achieve the ultimate goal set out in subsection (2).
(4) A home education program may follow the Alberta Programs of
Study.
(5) Where a home education program does not follow the Alberta
Programs of Study,
(
a) the parent providing the program must certify, using the form
set by the Minister, that the activities selected by the parent
for the year under subsection (3) will enable the student to
achieve the ultimate goal set out in subsection (2), and
(
b) the associate board or associate private school that will
supervise the program must accept the program, including
the selection of activities, in writing.
(6) A parent referred to in subsection (5) must provide to the associate
board or associate private school a written description of the program
which must include
(
a) a list of the activities selected by the parent under subsection
(3) and an explanation as to how those activities will enable
the student to achieve the ultimate goal set out in subsection
(2),
(
b) the instructional methods and resources to be used,
(
c) the means of conducting evaluations of the student's
progress, and
(
d) the name of the person instructing the home education
program, if not the parent.
(7) A parent who has provided a description of a home education
program under subsection (6) may alter the program, and must notify
the associate board or associate private school of any significant
changes to the program.
(8) A teacher employed by the associate board or associate private
school must, at the request of a parent, advise and provide assistance to
the parent in the preparation of the written description of a home
education program.
(9) A parent providing a home education program must administer and
manage the home education program.
Evaluation of student progress
4(1) A parent providing a home education program to a student
(
a) must, at regular intervals, conduct an evaluation of the
progress of the student
(
i) by maintaining dated samples of student work and a
general record of the student's activities, and
(ii) by maintaining a record of the methods and dates of
those evaluations,
(
b) must be available for a regular review of the student's
achievement with the associate board or associate private
school at a time and place mutually agreeable to the parent
and the associate board or associate private school, and
(
c) must ensure that the student is available in order that the
associate board or associate private school may conduct an
evaluation of the progress of the student
(
i) at a time and place mutually agreeable to the parent and
the associate board or associate private school, and
(ii) in the presence of the parent, if the parent chooses to be
present.
(2) An associate board or associate private school supervising a home
education program
(
a) must ensure that a student at a level equivalent to grade 3, 6
or 9 is given the opportunity to write the grade 3, 6 or 9
provincial achievement test, as the case may be,
(
i) at the time designated by the Minister, and
(ii) under the supervision of the associate board or associate
private school,
(
b) must arrange for teachers employed by the associate board or
associate private school to conduct at least 2 evaluations of
the progress of the student in each school year,
(
c) must record in the records maintained under
section 5(
e) the
results of the tests, if written, referred to in clause (
a) of this
subsection and of the evaluations referred to in subsection
(1)(c),
(
d) must advise the student's parent as to the progress of the
student, and
(
e) must make recommendations to the student's parent on any
matter that may assist the student in attaining a higher level
of achievement, where necessary.
Responsibilities of associate board or associate private school
5 An associate board or associate private school supervising home
education programs must
(
a) facilitate student learning by offering assistance and advice to
parents providing home education programs,
(
b) assign teachers to home education who are supportive of
home education parents and students and who are informed
about the special characteristics of tutorial learning,
(
c) provide parents providing home education programs with
access to a copy of all policies of the associate board or
associate private school respecting the supervision of home
education students and notify parents of any changes in those
policies,
(
d) advise parents providing home education programs of the
services and resources of the associate board or associate
private school that are available for use by the parents and
students,
(
e) provide for and maintain student records and advise parents
providing home education programs that they may view
those records, and
(
f) advise a parent providing a home education program of
entries made in the records maintained under clause (
e) relating to the progress of the student.
High school credit eligibility
6 On the recommendation of a school principal, a student receiving a
home education program that follows the Alberta Programs of Study is
eligible to receive high school credits if the student achieves the course
standards and outcomes prescribed by the Minister.
Funding
7(1) The Minister must provide funding in accordance with the
regulations made under the Government Organization Act or the
School Act to an associate board or associate private school that
supervises a home education program.
(2) An associate board or associate private school must offer not less
than 50% of the home education program funding received under
subsection (1) to the parents who are providing home education
programs to students.
(3) Notwithstanding subsection (2), if a parent chooses to use distance
learning materials approved by the Minister, the associate board or
associate private school is entitled to use the portion attributed to the
parent under subsection (2) to pay for those materials.
(4) A parent who receives funding under subsection (2)
(
a) must
(
i) use the funding only to defray the costs incurred by the
parent for programs of study, instructional materials or
other resources related to the home education program,
and
(ii) provide the associate board or associate private school
with receipts showing how the funding was spent,
and
(
b) must not use the funding
(
i) as a form of personal remuneration, or
(ii) to pay for travel costs or other expenses usually required
to be paid by a parent of a student who is enrolled in a
school operated by a board or private school.
(5) A parent may decline all or part of any funding offered by an
associate board or associate private school under subsection (2).
(6) Any instructional materials, other than materials that cannot be
used again, purchased by a parent with funding received under
subsection (2), must be returned to the associate board or associate
private school within one year following the student's completion of
the course to which the materials relate if the associate board or
associate private school requests those materials within that year.
Termination of home education program
8(1) During the school year, an associate board or associate private
school supervising a home education program may terminate the home
education program by notice to the parent if
(
a) the associate board or associate private school determines
that the student is not making reasonable progress in the
activities selected by the parent under
section 3(3) or in
achieving the ultimate goal set out in
section 3(2), or
(
b) the parent providing the home education program has not met
the requirements of this Regulation.
(2) A notice under subsection (1)
(
a) must be in writing,
(
b) must contain reasons for the termination, and
(
c) must inform the parent of the parent's right under
section 124
of the Act to ask the Minister to review the decision to
terminate the home education program.
(3) A termination under subsection (1)(a)
(
a) must be made in consultation with the parent, and
(
b) must give due consideration to
(
i) the age, grade level and abilities of the student, and
(ii) the evaluations of the progress of the student conducted
by the associate board or associate private school and
the parent under
section 4.
(4) A parent may terminate a home education program by
(
a) providing notice of the termination in writing to the associate
board or associate private school, and
(
b) enrolling the student in a school operated by a board or
private school.
(5) Where a student is enrolled in a school operated by a board or
private school under subsection (4)(b), the board or private school may
assess the student for the purpose of determining the student's
appropriate grade or high school course placement.
(6) If an associate board or associate private school terminates a
student's home education program under subsection (1) when the
student has the right of access to an education under
section 8 of the
Act, the associate board or associate private school
(
a) continues to be responsible for the student's education
program for the remainder of the school year, and
(
b) must ensure that the student has access to an appropriate
education program for the remainder of the school year.
Ministerial review
9 A decision made by an associate board or associate private school
under this Regulation may be reviewed by the Minister in accordance
with
section 124 of the Act and the Minister may exercise the powers
set out in
section 125 of the Act when reviewing the decision.
Repeal
10 The Home Education Regulation (AR 126/99) is repealed.
Expiry
11 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 31, 2011.
Schedule
Learning Outcomes for Students
Receiving Home Education Programs That
Do Not Follow the Alberta Programs of Study
1 A basic education must provide students with a solid core program
including language arts, mathematics, science and social studies.
2 Students are expected to develop the knowledge, skills and attitudes
that will prepare them for life after high school. A basic education will
allow students to
(
a) read for information, understanding and enjoyment,
(
b) write and speak clearly, accurately and appropriately for the
context,
(
c) use mathematics to solve problems in business, science and
daily life situations,
(
d) understand the physical world, ecology and the diversity of
life,
(
e) understand the scientific method, the nature of science and
technology and their application to daily life,
(
f) know the history and geography of Canada and have a
general understanding of world history and geography,
(
g) understand Canada's political, social and economic systems
within a global context,
(
h) respect the cultural diversity, the religious diversity and the
common values of Canada,
(
i) demonstrate desirable personal characteristics such as
respect, responsibility, fairness, honesty, caring, loyalty and
commitment to democratic ideals,
(
j) recognize the importance of personal well-being and
appreciate how family and others contribute to that
well-being,
(
k) know the basic requirements of an active, healthful lifestyle,
(
l) understand and appreciate literature, the arts and the creative
process,
(
m) research an issue thoroughly and evaluate the credibility and
reliability of information sources,
(
n) demonstrate critical and creative thinking skills in problem
solving and decision making,
(
o) demonstrate competence in using information technologies,
(
p) know how to work independently and as part of a team,
(
q) manage time and other resources needed to complete a task,
(
r) demonstrate initiative, leadership, flexibility and persistence,
(
s) evaluate their own endeavours and continually strive to
improve, and
(
t) have the desire and realize the need for life-long learning.
Alberta Regulation 146/2006
Government Organization Act
SOLICITOR GENERAL GRANTS AMENDMENT REGULATION
Filed: June 14, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 266/2006)
on June 14, 2006 pursuant to
section 13 of the Government Organization Act.
1 The Solicitor General Grants Regulation (AR 108/2001) is
amended by this Regulation.
2 The title of the Regulation is amended by adding "AND
PUBLIC SECURITY" after "GENERAL".
Section 1 is amended by adding "and Minister of Public
Security" after "General".
Section 9 is amended by striking out "2006" and
substituting "2016".
--------------------------------
Alberta Regulation 147/2006
Fisheries (Alberta) Act
GENERAL FISHERIES (ALBERTA) (SPECIAL HARVEST
LICENCE) AMENDMENT REGULATION
Filed: June 14, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 268/2006)
on June 14, 2006 pursuant to
section 43 of the Fisheries (Alberta) Act.
1 The General Fisheries (Alberta) Regulation (AR 203/97) is
amended by this Regulation.
Section 2(
a) is amended by adding the following after
subclause (ii):
(iii) special fish harvest licence;
3 The following is added after
section 14:
Special fish harvest licence
14.1(1) The Minister may issue a special fish harvest licence
authorizing its holder, subject to this
section and all other
applicable laws and in accordance with the conditions of the
licence, to retain fish that were taken
(
a) by means of lawful sportfishing,
(
b) from bodies of water specified by the Minister in the
licence, and
(
c) during the periods specified in the licence,
being fish that are of the species and within the maximum number
and, if applicable, the maximum or minimum or the maximum and
minimum sizes so specified.
(2) The Minister may limit in any manner the distribution of
special fish harvest licences to be issued.
(3) A special fish harvest licence may be issued only to an
individual who is a resident of Alberta who
(
a) holds a sportfishing licence or is another person
described in
section 10(1)(a), (b), (
c) or (d), and
(
b) whether or not
section 9.1 applies to that individual, is
the holder of a valid wildlife identification number card
referred to in
section 9.1.
(4) The Minister shall issue one or more tags with a special fish
harvest licence.
(5) Each tag issued with a special fish harvest licence
(
a) is valid only for tagging one fish, and one fish only, of
the species, and conforming to the maximum or
minimum size, or both, specified in the licence, being a
fish that was taken during the period and from the body
of water specified in the licence, and
(
b) constitutes part of the licence until it is attached to a
fish.
(6) Subject to this section, a person shall not retain or after
retention be in possession of a fish for whose retention a special
fish harvest licence is required unless, and may retain or so possess
it if,
(
a) the person taking it was sportfishing lawfully,
(
b) that person held a valid special fish harvest licence
along with a tag issued under subsection (5) appropriate
for that fish, and
(
c) that tag has been attached by that person in the manner
referred to in subsection (8) and, subject to subsection
(9), remains attached to the fish.
(7) Subsection (6) does not prohibit the possession by a person
who received the fish as a gift if the fish was lawfully taken and
tagged pursuant to this section.
(8) A person who retains a fish under this
section shall,
immediately after taking it, tag it by attaching an appropriate tag
issued with the licence through the gill cavity and mouth of the fish
and securely locking the tag in accordance with the instructions
printed on the tag.
(9) A person shall not remove a tag from a fish that is or that
purports to be tagged in accordance with this section, or be in
possession of such a fish that does not have such a tag attached,
unless the fish
(
a) is being prepared for preservation, or has been
preserved, by taxidermy, or
(
b) is being or has been prepared for consumption.
--------------------------------
Alberta Regulation 148/2006
Persons with Developmental Disabilities
Community Governance Act
Financial Administration Act
PROVINCIAL BOARD DISSOLUTION AND WINDING-UP REGULATION
Filed: June 14, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 270/2006)
on June 14, 2006 pursuant to
section 23 of the Persons with Developmental
Disabilities Community Governance Act and
section 80 of the Financial
Administration Act.
Table of Contents
1 Approval to dissolve and wind up
2 Dissolution of the Board
3 Winding-up the Board
4 Transfer of assets and liabilities
5 Coming into force
Approval to dissolve and wind up
1 The Lieutenant Governor in Council approves the dissolution and
winding-up of the Provincial Board.
Dissolution of the Board
2 The Provincial Board is dissolved.
Winding-up the Board
3 The activities of the Provincial Board are wound up and the
activities are assumed by the Crown.
Transfer of assets and liabilities
4 The following applies:
(
a) cash and securities of the Provincial Board are the property
of the Crown, to be deposited in the General Revenue Fund;
(
b) personal property of the Provincial Board, other than the cash
and securities referred to in clause (a), is the property of the
Crown, as represented by the Minister of Seniors and
Community Supports;
(
c) the Crown is liable for the obligations and liabilities of the
Provincial Board;
(
d) an existing cause of action, claim or liability to prosecution
of, by or against the Provincial Board is unaffected and may
be continued by or against the Crown;
(
e) a civil, criminal or administrative action or proceeding
pending by or against the Provincial Board may be continued
by or against the Crown;
(
f) a conviction against, or ruling, order or judgement in favour
of or against, the Provincial Board may be enforced by or
against the Crown.
Coming into force
5 This Regulation comes into force on June 30, 2006.
Alberta Regulation 149/2006
Disaster Services Act
GOVERNMENT EMERGENCY PLANNING AMENDMENT REGULATION
Filed: June 14, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 281/2006)
on June 14, 2006 pursuant to
section 6 of the Disaster Services Act.
1 The Government Emergency Planning Regulation
(AR 62/2000) is amended by this Regulation.
Section 6 is amended by striking out "June 30, 2006" and
substituting "December 31, 2006".
--------------------------------
Alberta Regulation 150/2006
Jury Act
JURY ACT AMENDMENT REGULATION
Filed: June 14, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 284/2006)
on June 14, 2006 pursuant to
section 25 of the Jury Act.
1 The Jury Act Regulation (AR 68/83) is amended by this
Regulation.
Section 4(1) is amended by repealing clause (
b) and
substituting the following:
(
b) to a person serving as a juror at a trial, $50 for each day or
part of a day on which the person serves;
3 This Regulation comes into force on July 1, 2006.
Alberta Regulation 151/2006
Condominium Property Act
CONDOMINIUM PROPERTY AMENDMENT REGULATION
Filed: June 14, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 288/2006)
on June 14, 2006 pursuant to
section 81 of the Condominium Property Act.
1 The Condominium Property Regulation (AR 168/2000) is
amended by this Regulation.
Section 1(1)(
c) is repealed.
3 The following is added after
section 31:
Part 2.1
Investments
Authorized investments
31.1 The investments in which a corporation may invest funds
not immediately required by it in accordance with
section 43(1) of
the Act are those authorized in
Schedule 2 to this Regulation.
4 The
Schedule is amended in the heading by striking out
"Schedule" and substituting "Schedule 1".
5 The following is added after
Schedule 1:
Schedule 2
Definitions
1 In this Schedule,
(a) "body corporate" includes a company or other body
corporate whenever or however incorporated but does
not include a corporation incorporated under
section 25
of the Act;
(b) "debentures" includes debenture stock;
(c) "improved real estate" means an estate in fee simple in
land
(
i) on which there exists a building, structure or other
improvement used or capable of being used for
residential, commercial or industrial purposes,
(ii) on which there is being erected such a building,
structure or other improvement,
(iii) which is serviced with the utilities necessary for
such a building, structure or other improvement,
but only when the land is being mortgaged for the
purpose of erecting the building, structure or other
improvement, or
(iv) which is being used for agricultural purposes,
but does not include an estate in fee simple in mines or
minerals held separately from the surface;
(d) "loan corporation" means a loan corporation registered
under the Loan and Trust Corporations Act;
(e) "municipal corporation" means
(
i) a municipal authority as defined in the Municipal
Government Act, or
(ii) a municipality or a municipal authority created by
legislation similar to the Municipal Government
Act in another province or territory;
(f) "securities" includes stocks, debentures, bonds, shares
and guaranteed investment certificates or receipts;
(g) "trust corporation" means a trust corporation registered
under the Loan and Trust Corporations Act.
Authorized corporation investments
2 A corporation may invest any trust money in the
corporation's hands, if the investment is in all other respects
reasonable and proper, in any of the following:
government of any province or territory of Canada, any
municipal corporation in any province or territory of
Canada, the Government of the United Kingdom or the
Government of the United States of America;
(
b) securities the payment of the principal and interest of
government of a province or territory of Canada, a
municipal corporation in any province or territory of
Canada, the Government of the United Kingdom or the
Government of the United States of America;
(
c) debentures issued by a school division, school district,
drainage district, hospital district or health region under
the Regional Health Authorities Act in Alberta that are
secured by or payable out of rates or taxes;
(
d) bonds, debentures or other evidences of indebtedness of
a body corporate that are secured by the assignment to a
body corporate of payments that the Government of
Canada or the government of a province or territory of
Canada has agreed to make, if the payments are
sufficient
(
i) to meet the interest on all the bonds, debentures or
other evidences of indebtedness outstanding as it
falls due, and
(ii) to meet the principal amount of all the bonds,
debentures or other evidences of indebtedness on
maturity;
(
e) bonds, debentures or other evidences of indebtedness
(
i) of a body corporate incorporated under the laws of
Canada or of a province or territory of Canada that
has earned and paid
(
A) a dividend in each of the 5 years immediately
preceding the date of investment at least
equal to the specified annual rate on all of its
preferred shares, or
(
B) a dividend in each year of a period of 5 years
ended less than one year before the date of
investment on its common shares of at least
4% of the average value at which the shares
were carried in the capital stock account of
the body corporate during the year in which
the dividend was paid,
and
(ii) that are fully secured by a first mortgage, charge or
hypothec to a body corporate on any, or on any
combination, of the following assets:
(
A) improved real estate;
(
B) the plant or equipment of a body corporate
that is used in the transaction of its business;
(
C) bonds, debentures or other evidences of
indebtedness or shares of a class or classes
authorized by this section;
(
f) bonds, debentures or other evidences of indebtedness
issued by a body corporate incorporated in Canada if at
the date of the investment or loan the preferred shares or
common shares of that body corporate are authorized
investments under clause (
i) or (j);
(
g) guaranteed investment certificates or receipts of a trust
corporation;
(
h) bonds, debentures, notes or deposit receipts of a loan
corporation, trust corporation or credit union;
(
i) preferred shares of any body corporate incorporated
under the laws of Canada or of a province or territory of
Canada that has earned and paid
(
i) a dividend in each of the 5 years immediately
preceding the date of investment at least equal to
the specified annual rate on all of its preferred
shares, or
(ii) a dividend in each year of a period of 5 years
ended less than one year before the date of
investment on its common shares of at least 4% of
the average value at which the shares were carried
in the capital stock account of the body corporate
during the year in which the dividend was paid;
(
j) fully paid common shares of a body corporate
incorporated in Canada or the United States of America
that during a period of 5 years that ended less than one
year before the date of investment has either
(
i) paid a dividend in each of those years on its
common shares, or
(ii) had earnings in each of those years available for
the payment of a dividend on its common shares,
of at least 4% of the average value at which the shares
were carried in the capital stock account of the body
corporate during the year in which the dividend was
paid or in which the body corporate had earnings
available for the payment of dividends, as the case may
be;
(
k) notes or deposit receipts of banks;
(
l) securities issued or guaranteed by the International
Bank for Reconstruction and Development established
by the Agreement for an International Bank for
Reconstruction and Development, approved by the
Bretton Woods and Related Agreements Act (Canada),
but only if the bonds, debentures or other securities are
payable in the currency of Canada, the United
Kingdom, any member of the British Commonwealth or
the United States of America;
(
m) securities issued or guaranteed by Inter-American
Development Bank or by Asian Development Bank, but
only if the bonds, debentures or other securities are
payable in the currency of Canada or the United States
of America;
(
n) first mortgages, charges or hypothecs on improved real
estate in Canada, but only if
(
i) the loan does not exceed 75% of the value of the
property at the time of the loan as established by a
report as to the value of the property made by a
person whom the corporation reasonably believed
to be a competent valuator, instructed and
employed independently of any owner of the
property, or
(ii) the loan is an insured loan under the National
Housing Act, 1954 (Canada) SC 1953-54 c23.
Restrictions on investments
3(1) In determining market values of securities a corporation
may rely on published market quotations of a recognized stock
exchange in Canada or the United States of America.
(2) In the case of an investment under
section 2(
e) the inclusion,
as additional security under the mortgages, charges or hypothecs,
of any other assets not of a class authorized by this
Schedule as
investments does not render the bonds, debentures or other
evidences of indebtedness ineligible as an investment.
(3) No investment may be made under
section 2(e), (
h) or (
i) that would at the time of making the investment cause the
aggregate market value of the investments made under those
clauses to exceed 35% of the market value at that time of the
whole trust estate.
(4) No sale or other liquidation of any investment made under
section 2(e), (
h) or (
i) is required solely because of any change in
the ratio between the market value of those investments and the
market value of the whole trust estate.
(5) In case of an investment under
section 2(
i) or (j), not more
than 30% of the total issue of shares of any body corporate may
be purchased for any trust.
(6) No investment shall be made under
section 2(
j) that, at the
time of making the investment, would cause the aggregate
market value of the common shares held for any particular trust
fund to exceed 15% of the market value of that trust fund at that
time.
(7) No sale or other liquidation of common shares is required
under this
section solely because of any change in the ratio
between the market value of those shares and the market value of
the whole trust fund.
Court approved investments
4 In addition to the investments authorized by
section 2, a
corporation may invest funds in any other securities that the
Court of Queen's Bench on application in any particular case
approves as fit and proper, but nothing in this
section relieves the
corporation of the corporation's duty to take reasonable and
proper care with respect to the investments so authorized.
Deposit of trust funds
5 A corporation may, pending the investment of any trust
money, deposit it for a time that is reasonable in the
circumstances
(
a) in any bank or treasury branch,
(
b) in any trust corporation,
(
c) in any credit union, or
(
d) in any loan corporation.
Registration of securities
6 Except in the case of a security that cannot be registered, a
corporation that invests in securities shall require the securities to
be registered in the corporation's name, and the securities may be
transferred only in the corporation's name.
Variation of investments
7(1) A corporation in the corporation's discretion may
(
a) call in any trust funds invested in securities other than
those authorized by this
Schedule and invest the funds
in securities authorized by this Schedule, and
(
b) vary any investments authorized by this Schedule.
(2) No corporation is liable for a breach of trust by reason only
of the corporation's continuing to hold an investment that since
its acquisition by the corporation has ceased to be one authorized
by the instrument of trust or by this Schedule.
(3) When a corporation has improperly advanced trust money on
a mortgage that would at the time of the investment have been a
proper investment in all respects for a lesser sum than was
actually advanced, the security is deemed to be an authorized
investment for that lesser sum and the corporation is liable to
make good only the amount advanced in excess of the lesser
amount with interest.
Concurrence by corporation in corporate schemes
8(1) When a corporation holds securities of a body corporate in
which the corporation has properly invested money under this
Schedule, the corporation may concur in any compromise,
scheme or arrangement
(
a) for the reconstruction of the body corporate or for the
winding-up or sale or distribution of its assets,
(
b) for the sale of all or any part of the property and
undertaking of the body corporate to another body
corporate,
(
c) for the amalgamation of the body corporate with
another body corporate,
(
d) for the release, modification or variation of any rights,
privileges or liabilities attached to the securities or any
of them, or
(
e) whereby
(
i) all or a majority of the shares, stock, bonds,
debentures and other securities of the body
corporate, or of any class of them, are to be
exchanged for shares, stock, bonds, debentures or
other securities of another body corporate, and
(ii) the corporation is to accept the shares, stock,
bonds, debentures or other securities of the other
body corporate allotted to the corporation pursuant
to the compromise, scheme or arrangement,
in like manner as if the corporation were entitled to the securities
beneficially and may, if the securities are in all other respects
reasonable and proper investments, accept any securities of any
denomination or description of the reconstructed or purchasing
or new body corporate instead of or in exchange for all or any of
the original securities.
(2) A corporation is not responsible for any loss occasioned by
any act or thing done in good faith under subsection (1) and the
corporation may, if the securities accepted under subsection
(1) are in all other respects reasonable and proper investments, retain
them for any period for which the corporation could have
properly retained the original securities.
Subscription for securities
9(1) If any conditional or preferential right to subscribe for any
securities in any body corporate is offered to a corporation in
respect of any holding in the body corporate, the corporation
may, as to all or any of the securities,
(
a) exercise that right and apply capital money subject to
the trust in payment of the consideration, or renounce
the right, or
(
b) assign for the best consideration that can be reasonably
obtained the benefit of that right, or the title to it, to any
person, including any beneficiary under the trust,
without being responsible for any loss occasioned by any act or
thing so done by the corporation in good faith.
(2) Notwithstanding subsection (1), the consideration for any
such assignment shall be held as capital money of the trust.
6 This Regulation comes into force on the coming into
force of the Trustee Amendment Act, 2006.
THE ALBERTA GAZETTE,
PART II, JUNE 30, 2006
- 576 -
THE ALBERTA GAZETTE,
PART II, JUNE 30, 2006
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