Alberta Gazette — 31 August 2011 (Part II)
31 August 2011
Alberta — Gazette
Alberta Regulation 166/2011
Provincial Parks Act
PROVINCIAL PARKS (SECTION 7 DECLARATION) REGULATION
Filed: August 2, 2011
For information only: Made by the Minister of Tourism, Parks and Recreation
(M.O. 17/11 TPR) on July 26, 2011 pursuant to
section 7 of the Provincial Parks Act.
Table of Contents
Definitions
2 La Biche River
3 Dillberry Lake
4 Peace River
5 Eagle Point
6 Blue Rapids
7 Miquelon Lake
8 Aspen Beach
9 Dunvegan
11 Whitney Lakes
12 Repeal
Schedules
Definitions
1 In this Regulation,
(a) "Dispositions Regulation" means the Provincial Parks
(Dispositions) Regulation (AR 241/77);
(b) "General Regulation" means the Provincial Parks (General)
Regulation (AR 102/85).
La Biche River
2 The Act, the Dispositions Regulation and the General Regulation
apply to the land described in
Schedule 1 as if it were a wildland
provincial park.
Dillberry Lake
3 Sections 8, 8.1, 8.2, 9, 9.1, 10 and 10.1 of the Act and the
Dispositions Regulation apply to the land described in
Schedule 2 as if
it were a park.
Peace River
4 The Act, the Dispositions Regulation and the General Regulation
apply to the land described in
Schedule 3 as if it were a wildland
provincial park.
Eagle Point
5 The Act, except
section 10.1, the Dispositions Regulation, except
section 60, and the General Regulation apply to the land described in
Schedule 4 as if it were a park.
Blue Rapids
6 The Act, except
section 10.1, the Dispositions Regulation, except
section 60, and the General Regulation, except
section 46, apply to the
land described in
Schedule 5 as if it were a recreation area.
Miquelon Lake
7 The Act, the Dispositions Regulation and the General Regulation
apply to the land described in
Schedule 6 as if it were a park.
Aspen Beach
8 The Act, the Dispositions Regulation and the General Regulation
apply to the land described in
Schedule 7 as if it were a park.
Dunvegan
9 The Act, the Dispositions Regulation and the General Regulation
apply to the land described in
Schedule 8 as if it were a park.
10 The Act, the Dispositions Regulation and the General Regulation,
except
section 46, apply to the land described in
Schedule 9 as if it
were a recreation area.
Whitney Lakes
11 The Act, the Dispositions Regulation and the General Regulation
apply to the land described in
Schedule 10 as if it were a park.
Repeal
12 The
Section 7 Declaration Regulation (AR 195/2001) is repealed.
Schedule 1
La Biche River
FIRSTLY:
All that parcel or tract of land, situate, lying and being in the
sixty-eighth (68) township, range seventeen (17), west of the fourth
(4) meridian, in the Province of Alberta, Canada, and being composed of:
All that portion of the north west quarter of
section thirty-three (33)
of the said township required for a pipeline right-of-way, as shown
upon a plan of survey of record in the Land Titles Office at
Edmonton for the North Alberta Land Registration District at
Edmonton as No. 012 1732, containing 1.310 hectares (3.24 acres),
more or less.
SECONDLY:
All those parcels or tracts of land, situate, lying and being in the
sixty-ninth (69) township, range seventeen (17), west of the fourth
(4) meridian, in the Province of Alberta, Canada, and being composed of:
All those portions of the west halves of sections four (4) and nine
(9), the north half and south west quarter of
section sixteen (16) and
the east half of
section twenty-one (21) of the said township required
for the said pipeline right-of-way as shown upon the said plan
No. 012 1732, containing 22.789 hectares (56.31 acres), more or
less.
The lands herein described contain twenty-four and ninety-nine
thousandths (24.099) hectares (59.55 acres), more or less.
Schedule 2
Dillberry Lake
All those parcels or tracts of land, situate, lying and being in the
forty-first (41) township, in range one (1), west of the fourth
(4) meridian, in the Province of Alberta, Canada, and being composed of:
The south halves of legal subdivisions eleven (11) and twelve (12) of
section thirty-three (33) of the said township, containing 16.188
hectares (40.00 acres), more or less.
SAVING AND EXCEPTING:
0.874 hectare (2.16 acres), more or less, required for a surveyed
roadway, as shown upon a plan of survey of record in the Land
Titles Office in Edmonton for the North Alberta Land Registration
District as No. 1609 C.L.
The lands herein described contain fifteen and three hundred fifteen
thousandths (15.315) hectares (37.84 acres), more or less.
Schedule 3
Peace River
All those parcels or tracts of land, situate, lying and being in the
eighty-third (83) township, in the twenty-second (22) range, west of
the fifth (5) meridian, in the Province of Alberta, Canada, and being
composed of:
Legal subdivisions twelve (12) and thirteen (13) and all those
portions of legal subdivisions eleven (11) and fourteen (14) of
section one (1) of the said township, lying generally to the west of
the left bank of the Smoky River, containing 42.494 hectares (105.00
acres), more or less.
Schedule 4
Eagle Point
All those parcels or tracts of land, situate, lying and being in the
forty-ninth (49) township, range seven (7), west of the fifth
(5) meridian, in the Province of Alberta, Canada, and being composed of:
The north west quarter of
section thirteen (13), all those portions of
legal subdivisions seven (7), nine (9) and sixteen (16), the north half
of legal subdivision two (2), the east half of the south east quarter of
legal subdivision six (6), the north half and south west quarter of
legal subdivision eight (8), the east half, the east half of the west half
and the south west quarter of the south west quarter of legal
subdivision ten (10) and the east half of legal subdivision fifteen (15)
of
section fourteen (14) and the south half and south half of the north
half of legal subdivision one (1) and the east half of the south east
quarter of legal subdivision two (2) of
section twenty-three (23),
covered and not covered by the waters of the North Saskatchewan
River and all those portions of the south half of
section twenty-four
(24) of the said township lying to the south of the right bank of the
North Saskatchewan River.
The lands herein described contain two hundred twenty-five and
fifty-four thousandths (225.054) hectares (556.12 acres), more or less.
Schedule 5
Blue Rapids
FIRSTLY:
All those parcels or tracts of land, situate, lying and being in the
forty-seventh (47) township, in the seventh (7) range, west of the fifth
(5) meridian, in the Province of Alberta, Canada, and being composed
of:
All those portions of the north east quarter, the east half and the east
half of the west half of legal subdivision eleven (11) and the south
half of the south east quarter of legal subdivision fourteen (14) of
section thirty (30), lying generally to the south and east of the right
bank of the North Saskatchewan River; all that portion of the north
west quarter of
section nineteen (19), lying generally to the west of
the left bank of the North Saskatchewan River; all those portions of
legal subdivision twelve (12), the north west quarter, the north half
and the south west quarter of the south west quarter and the north
west quarter of the north east quarter of legal subdivision four (4),
the north half, the south west quarter and the north half and the south
west quarter of the south east quarter of legal subdivision five
(5) and the west half of the north west quarter and the north west quarter
of the south west quarter of legal subdivision eleven (11) of
section
thirty (30), legal subdivisions seven (7), eight (8), nine (9) and ten
(10), the east half of legal subdivision six (6), the south east quarter
of legal subdivision eleven (11), the south half of the south east
quarter of legal subdivision fifteen (15) and the south half of the
south half of legal subdivision sixteen (16) of
section thirty-two (32)
and the north half of legal subdivisions five (5) and six (6), the south
half and north west quarter of the south west quarter of legal
subdivision eleven (11) and the south half, the north west quarter and
the south west quarter of the north east quarter of legal subdivision
twelve (12) of
section thirty-three (33), covered and not covered by
the waters of the North Saskatchewan River and all those portions of
the north west quarter of
section twenty-nine (29) of the said
township lying generally to the south of the right bank of the North
Saskatchewan River, to the north and west of the south-easterly limit
of a plan boundary as shown upon a map or plan of record in the
Department of Sustainable Resource Development at Edmonton as
No. 1663 GEN and to the south and west of the north-easterly limit
of a plan boundary as shown upon a map or plan of record in the said
Department of Sustainable Resource Development as No. 14116 TL.
SECONDLY:
All those parcels or tracts of land, situate, lying and being in the
partially surveyed forty-seventh (47) township, in the eighth (8) range,
west of the fifth (5) meridian, in the Province of Alberta, Canada, and
being composed of:
The south east quarter of
section twenty-five (25), legal subdivisions
three (3) and four (4) of
section twenty-two (22) and all those
portions of the north half of
section thirteen (13), the south east
quarter of
section twenty-three (23) and the south half and north east
quarter of
section twenty-four (24) of the said township, lying
generally to the west, north and east of the left bank of the North
Saskatchewan River.
THIRDLY:
All those parcels or tracts of land, situate, lying and being in the
forty-eighth (48) township, in the seventh (7) range, west of the fifth
(5) meridian, in the Province of Alberta, Canada, and being composed
of:
(
A) All those portions comprised of the island(
s) in the north east
quarter of legal subdivision fifteen (15) and the north west
quarter of legal subdivision sixteen (16) of
section four (4),
the island(
s) in legal subdivisions two (2), six (6) and eleven
(11), the west half of the west half of legal subdivision one
(1), the south half of legal subdivision seven (7) and the
south west quarter, the south half and the north west quarter
of the north west quarter and the south west quarter of the
south east quarter of legal subdivision fourteen (14) of
section nine (9) and all those portions comprised of the
island(s), bed and shore in the north west quarter and the
west half of the north east quarter of legal subdivision seven
(7), the west half, the west half of the south east quarter and
the south west quarter of the north east quarter of legal
subdivision ten (10), the north half and the south east quarter
of the south east quarter, the south half and the north west
quarter of the north east quarter and the north east quarter of
the north west quarter of legal subdivision fourteen (14) and
the south west quarter of the south west quarter of legal
subdivision fifteen (15) of
section nine (9) of the said
township.
(
B) The island(
s) in legal subdivisions five (5), twelve (12),
thirteen (13) and fourteen (14), the north west quarter of the
north west quarter of legal subdivision three (3), the north
half of the north east quarter of legal subdivision four (4), the
west half of the west half of legal subdivision six (6), the
west half and the north west quarter of the north east quarter
of legal subdivision eleven (11) and the west half of the north
west quarter of legal subdivision fifteen (15) of
section
sixteen (16), the island(
s) in legal subdivision nine (9) and
sixteen (16) of
section seventeen (17) and the island(
s) in
legal subdivisions three (3) and four (4), the west half of the
south west quarter of legal subdivision two (2) and the south
half of the south half of legal subdivision six (6) of
section
twenty-one (21) of the said township.
(
C) All those portions of legal subdivision nine (9), the north east
quarter of the north east quarter of legal subdivision seven
(7), the north half of the north west quarter of legal
subdivision eight (8), the north east quarter and the east half
of the south east quarter of legal subdivision ten (10), the
south east quarter of the south east quarter of legal
subdivision fifteen (15) and the south half and the south half
of the north east quarter of legal subdivision sixteen (16) of
section thirty-four (34) and the west half of legal subdivision
twelve (12) and the south west quarter, the west half of the
south east quarter, the south west quarter of the north east
quarter and the south half of the north west quarter of legal
subdivision thirteen (13) of
section thirty-five (35) of the said
township, covered and not covered by the waters of the North
Saskatchewan River.
The lands herein described contain seven hundred sixty-five and two
hundred ninety-four thousandths (765.294) hectares (1891.08 acres),
more or less.
Schedule 6
Miquelon Lake
All those parcels or tracts of land, situate, lying and being in the
forty-ninth (49) township, range twenty (20), west of the fourth
(4) meridian, in the Province of Alberta, Canada, and being composed of:
The north west quarter of
section thirty-one (31), containing
sixty-four and seven hundred five thousandths (64.705) hectares
(160 acres), more or less.
SAVING AND EXCEPTING:
Three hundred twenty thousandths (0.320) hectare (0.79 acre) more
or less, as required for a surveyed roadway as shown on a plan of
record in the Land Titles Office at Edmonton for the North Alberta
Land Registration District as No. 842 0196.
All that portion of the south west quarter of
section thirty-one (31)
required for Lot 1, as shown upon a descriptive plan of survey of
record at the said Land Titles Office in Edmonton as No. 942 1003,
containing fifty-nine and nine hundred thousandths (59.900) hectares
(148.02 acres), more or less.
Legal subdivisions nine (9), ten (10) and sixteen (16) of
section
thirty-one (31), containing forty-eight and six hundred thousandths
(48.600) hectares (120 acres), more or less.
SAVING AND EXCEPTING:
Eight hundred nine thousandths (0.809) hectare (2 acres), more or
less, described as follows: commencing at the north east corner of
the said quarter section; thence southerly along the east boundary
thereof 504 feet; thence westerly and parallel to the north boundary
of the said quarter
section 173 feet; thence northerly and parallel to
the said east boundary to intersection with the said north boundary;
thence easterly along the said north boundary to the point of
commencement.
Legal subdivision fifteen (15) of
section thirty-one (31), containing
sixteen and two hundred thousandths (16.200) hectares (40 acres),
more or less.
SAVING AND EXCEPTING:
Four and fifty thousandths (4.050) hectares (10 acres), more or less,
described as follows: the westerly three hundred and thirty (330) feet
in uniform width throughout.
All that portion of the north west quarter of
section thirty-two (32)
required for Lot 1, as shown upon a descriptive plan of survey of
record at the said Land Titles Office in Edmonton as No. 952 1159,
containing forty-nine and one hundred ninety thousandths
(49.190) hectares (121.55 acres), more or less.
The lands herein described contain two hundred thirty-three and four
hundred sixteen thousandths (233.416) hectares (576.78 acres), more
or less.
Schedule 7
Aspen Beach
All that parcel or tract of land, situate, lying and being in the fortieth
(40) township, range twenty-eight (28), west of the fourth (4) meridian,
in the Province of Alberta, Canada, and being composed of:
All that portion of the south east quarter of
section twenty-one (21)
required for Lot 3, Block 2, as shown upon a plan of survey of
record in the Land Titles Office at Edmonton for the North Alberta
Land Registration District as No. 3634 MC, containing forty-six
thousandths (0.046) hectare (0.11 acre), more or less.
Schedule 8
Dunvegan
All that parcel or tract of land, situate, lying and being in the eightieth
(80) township, range four (4), west of the sixth (6) meridian, in the
Province of Alberta, Canada, and being composed of:
All that portion of the north west quarter of
section eight (8) required
for lot one (1) of the Dunvegan Settlement, as shown upon a plan of
survey of the said settlement, signed at Ottawa on the 24th day of
August, 1910, lying to the north of the northerly limit of a surveyed
roadway, as shown upon a plan of survey of record in the Land
Titles Office at Edmonton for the North Alberta Land Registration
District as No. 1654 L.Z., containing ten and five hundred
thousandths (10.500) hectares (25.91 acres), more or less.
Schedule 9
All those parcels or tracts of land, situate, lying and being in the
sixty-fourth (64) township, range two (2), west of the fourth
(4) meridian, in the Province of Alberta, Canada, and being composed of:
All those portions of the north west quarter of
section twenty-seven
(27), the north east quarter of twenty-eight (28) and the north east
quarter of
section thirty-four (34), not covered by the waters of Cold
Lake and all that portion of the south west quarter of
section
thirty-four (34) lying generally to the south and east of Lake No. 3 as
shown upon a plan of survey, signed at Ottawa on the 17th day of
January, 1913, and not covered by the waters of Cold Lake.
SAVING AND EXCEPTING:
(
A) Sixty-six thousandths (0.066) hectare (0.16 acre) required for
a surveyed roadway, as shown upon a plan of survey of
record in the Land Titles Office at Edmonton for the North
Alberta Land Registration District as No. 912 0903.
(
B) Two and four hundred fifty-six thousandths (2.456) hectares
(6.07 acres) required for a surveyed roadway, as shown upon
a plan of survey of record in the said Land Titles Office as
No. 2723 PX.
(
C) Two and seven hundred sixty thousandths (2.760) hectares
(6.82 acres) required for a surveyed roadway, as shown upon
a plan of survey of record in the said Land Titles Office as
No. 2724 PX.
The lands herein described contain one hundred twenty-eight and thirty
thousandths (128.030) hectares (316.37 acres), more or less.
Schedule 10
Whitney Lakes
All those parcels or tracts of land, situate, lying and being in the
fifty-sixth (56) township, in the fourth (4) range, west of the fourth
(4) meridian, in the Province of Alberta, Canada, and being composed of:
All that portion of the south west quarter of
section seventeen (17)
required for Lot 2, as shown upon a subdivision plan of survey of
record at the Land Titles Office in Edmonton for the North Alberta
Land Registration District as 002 1846, containing two and twenty
thousandths (2.020) hectares (4.99 acres), more or less.
--------------------------------
Alberta Regulation 167/2011
Fair Trading Act
EMPLOYMENT AGENCY BUSINESS LICENSING
AMENDMENT REGULATION
Filed: August 3, 2011
For information only: Made by the Minister of Service Alberta (M.O. SA:018/2011)
on July 25, 2011 pursuant to
section 105(1) of the Fair Trading Act.
1 The Employment Agency Business Licensing Regulation
(AR 189/99) is amended by this Regulation.
Section 14 is amended by striking out "September 1, 2011"
and substituting "September 1, 2013".
Alberta Regulation 168/2011
Apprenticeship and Industry Training Act
NATURAL GAS COMPRESSION TECHNICIAN TRADE REGULATION
Filed: August 4, 2011
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on June 17, 2011 and approved by the Minister of Advanced Education and
Technology on July 26, 2011 pursuant to
section 33(2) of the Apprenticeship and
Industry Training Act.
Table of Contents
Definitions
General Matters Respecting the Trade
2 Constitution of the trade
3 Tasks, activities and functions
Apprenticeship
4 Term of the apprenticeship program
5 Employment of apprentices
6 Wages
Expiry and Coming into Force
7 Expiry
8 Coming into force
Definitions
1 In this Regulation,
(a) "apprentice" means a person who is an apprentice in the
trade;
(b) "certified journeyperson" means a certified journeyperson as
defined in the Apprenticeship Program Regulation
(AR 258/2000);
(c) "compression" means the act of decreasing the volume and
increasing the pressure of gas by mechanical means;
(d) "compressor" means a mechanical device used in the natural
gas industry that increases the pressure of gas;
(e) "natural gas compression" refers to the means and methods
used to facilitate the delivery of natural gas from the well
head to the end user via a series of specific separation,
treatment, injection, disposal and compression processes;
(f) "natural gas compression equipment" means any type of
fixed or stationary equipment used to gather, store and
transmit natural gas and, without limiting the generality of
the foregoing, includes
(
i) stationary and reciprocating internal combustion
engines;
(ii) motors;
(iii) compressors;
(iv) pumps;
(
v) power generators;
(vi) mixers and agitators;
(vii) coolers, chillers and heat exchangers;
(viii) separator systems;
(ix) dehydration systems;
(
x) air and gas dryers;
(xi) processing systems including sweetening, treating and
fractionation;
(xii) artificial lift systems including pump jacks and
submersible pumps;
(xiii) valves and valve controls;
(xiv) equipment protection and monitoring systems;
(xv) local panel controls;
(xvi) low voltage electrical control loops;
(xvii) electronic processor and control loops;
(xviii) instrumentation control loops;
(xix) gearboxes;
(xx) clutches;
(xxi) drive systems;
(xxii) turbines;
(g) "optimizing" means adjusting systems affecting the
performance and efficiency of natural gas compression
equipment;
(h) "technical training" means technical training as defined in the
Apprenticeship Program Regulation (AR 258/2000);
(i) "trade" means the occupation of natural gas compression
technician that is designated as an optional certification trade
pursuant to the Apprenticeship and Industry Training Act;
(j) "uncertified journeyperson" means an uncertified
journeyperson as defined in the Apprenticeship Program
Regulation (AR 258/2000).
General Matters Respecting the Trade
Constitution of the trade
2 The undertakings that constitute the trade are the installation,
commissioning, maintenance and repair of natural gas compression
equipment.
Tasks, activities and functions
3 When practising or otherwise carrying out work in the trade, the
following tasks, activities and functions come within the trade:
(
a) reading and interpreting drawings, schematics, related
technical information and materials lists;
(
b) performing the assembly, installation, inspection,
maintenance, repair and overhaul of natural gas compression
equipment, including the following:
(
i) complete ignition analysis, fuel, air, exhaust and engine
management systems testing, fault diagnoses and repair;
(ii) complete reciprocating and rotating machinery analysis
to determine equipment condition, prediction of failure,
corrective and preventive measures, and equipment
(iii) performing visual walk-around inspections to determine
the external conditions and obvious operational or
safety issues that need to be addressed;
(
c) using a variety of electrical, mechanical and specialty
diagnostic test equipment to diagnose problems and adjust
engine systems;
(
d) providing preventive and corrective field mechanical services
on gas compression, processing and production equipment on
site at client locations;
(
e) troubleshooting and diagnosing mechanical and general
electronic control problems and all levels of compressor
system failure;
(
f) repairing and rebuilding natural gas equipment;
(
g) inspecting malfunctioning or damaged equipment to
determine the nature and scope of the problem using applied
failure analysis principles;
(
h) performing combusted gas emissions measurement and
extrapolating findings to correction requirement;
(
i) assessing technical reports to determine operation problems,
future design improvements and production improvements,
and providing recommendations for improved service and
operation procedures;
(
j) rigging and hoisting using correct lifting procedures;
(
k) heating and cutting with oxy-acetylene equipment;
(
l) tack welding with electric arc welding equipment;
(
m) evaluating and optimizing the performance of natural gas
compression equipment in respect of how the equipment is
used and the conditions under which it operates;
(
n) performing reliability analysis;
(
o) performing risk assessments and applying learnings;
(
p) identifying and developing maintenance strategies based on
reliability centred maintenance, condition based
maintenance, and preventive maintenance concepts;
(
q) adhering to regulations and standards related to natural gas
compression systems to ensure the safety of all workers, the
environment and equipment.
Apprenticeship
Term of the apprenticeship program
4(1) Subject to credit for previous training or experience being
granted pursuant to an order of the Board, the term of an
apprenticeship program for the trade is 4 periods of not less than 12
months each.
(2) In the first period of the apprenticeship program an apprentice
must acquire not less than 1500 hours of on the job training and
successfully complete the technical training that is required or
approved by the Board.
(3) In the 2nd period of the apprenticeship program an apprentice
must acquire not less than 1500 hours of on the job training and
successfully complete the technical training that is required or
approved by the Board.
(4) In the 3rd period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training and successfully
complete the technical training that is required or approved by the
Board.
(5) In the 4th period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training and successfully
complete the technical training that is required or approved by the
Board.
Employment of apprentices
5(1) Where a person employs an apprentice, that employment must be
carried out in accordance with this section.
(2) Subject to subsection (3), a person who is a certified journeyperson
or an uncertified journeyperson in the trade or employs a certified
journeyperson or an uncertified journeyperson in the trade may employ
2 apprentices and 2 additional apprentices for each additional certified
journeyperson or uncertified journeyperson in the trade that is
employed by that person.
(3) Subsection (2) does not apply to an apprentice who is engaged in
an apprenticeship program in the trade and has completed all the
requirements required or approved by the Board for advancement into
the 4th period of that apprenticeship program.
Wages
6(1) Subject to the Apprenticeship Program Regulation
(AR 258/2000), a person shall not pay wages to an apprentice that are
less than those provided for under subsection (2).
(2) Subject to the Employment Standards Code, a person employing
an apprentice must pay wages to the apprentice that are at least equal
to the following percentages of the wages paid to employees who are
certified journeypersons or uncertified journeypersons in the trade:
(a) 60% in the first period of the apprenticeship program;
(b) 70% in the 2nd period of the apprenticeship program;
(c) 80% in the 3rd period of the apprenticeship program;
(d) 90% in the 4th period of the apprenticeship program.
Expiry and Coming into Force
Expiry
7 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on August 31, 2016.
Coming into force
8 This Regulation comes into force on September 1, 2011.
--------------------------------
Alberta Regulation 169/2011
Traffic Safety Act
DRIVER TRAINING AND DRIVER EXAMINATION
AMENDMENT REGULATION
Filed: August 4, 2011
For information only: Made by the Minister of Transportation (M.O. 14/11) on July
26, 2011 pursuant to
section 64 of the Traffic Safety Act.
1 The Driver Training and Driver Examination Regulation
(AR 316/2002) is amended by this Regulation.
Section 1 is amended by adding the following after
clause (j):
(j.1) "licensed driver examiner procedures manual" means the
licensed driver examiner procedures manual referred to in
section 32.1;
(j.2) "licensed driver training school procedures manual" means
the licensed driver training school procedures manual
adopted under
section 6.1;
Section 4 is amended
(
a) in subsection (1)(d)
(
i) by striking out "a criminal record check" and
substituting "criminal record checks";
(ii) by striking out "applicant or the directors" and
substituting "applicant and the directors";
(
b) by repealing subsection (3) and substituting the
following:
(3) Subsection (1) does not apply to
(
a) a public college under the Post-secondary Learning Act,
(
b) a technical institute under the Post-secondary Learning
Act,
(
c) a university under the Post-secondary Learning Act, or
(
d) the holder of a driver training school licence or a person
registered in good standing in another jurisdiction who
is recognized by the Registrar as having substantively
equivalent standards and who is of good character and
reputation in that jurisdiction.
Section 6 is amended
(
a) in subsection (3) by striking out "and, if the holder is
not directly in charge of the driver training school, the
operator of the driver training school";
(
b) in subsection (4) by striking out "and, if the holder is
not directly in charge of the driver training school, the
operator of the school";
(
c) by adding the following after subsection (4):
(5) The holder of a driver training school licence, the driver
training school's employees and the driver training school's
driving instructors must act in accordance with the licensed
driver training school procedures manual.
5 The following is added after
section 6:
Adoption of manuals
6.1 The licensed driver training school procedures manual
established and amended from time to time by the Registrar is
adopted and applies to the operation of driver training schools, the
holder of a driver training school licence, the driver training school's
employees and the driver training school's driving instructors under
this Regulation.
Section 7 is repealed and the following is substituted:
Licence not issued
7(1) The Registrar must refuse to issue a driver training school
licence to a person if during the 5 years immediately preceding the
application date
(
a) the person was convicted of an offence under the Criminal
Code (Canada) that is related to the functions, duties or
business of a driver training school, including, without
limitation, the offences of forgery, the use of false pretences,
bribery, extortion, conspiracy to defraud or theft or an
offence involving moral turpitude or the unlawful operation
of a vehicle, and
(
b) the conviction is final by reason of the final disposition of the
appeal by the courts or the expiry of the time for appeal
without the appeal's having been made.
(2) The Registrar may refuse to issue a driver training school licence
to a person if
(
a) the person or the person's agent makes a false statement in
the application for the licence,
(
b) the person or the person's agent provides false information to
the Registrar,
(
c) the person or the person's agent refuses to provide the
information required under this Regulation to the Registrar,
(
d) the person has previously held a licence issued under this
Regulation that has been suspended or cancelled,
(
e) the person has contravened any provision of the Act or the
regulations and, in the Registrar's opinion, that contravention
affects the person's fitness to hold a driver training school
licence, or
(
f) in the opinion of the Registrar, it is not in the public interest
to issue a licence to the person.
Section 9 is amended by striking out "A driver training
school" and substituting "The holder of a driver training school
licence".
Section 10(2) is amended by striking out "A person who
operates a driver training school" and substituting "The holder of a
driver training school licence".
Section 11 is amended by striking out "a driver training
school" and substituting "the holder of a driver training school
licence".
Section 12 is amended
(
a) in subsection (1) by striking out "a driver training
school" and substituting "the holder of a driver training
school licence";
(
b) in subsection (2) by adding the following after
clause (b):
(b.1) a person being trained to become a driving instructor;
(
c) in subsection (3) by striking out "An operator of a
driver training school" and substituting "The holder of a
driver training school licence";
(
d) in subsection (4) by striking out "operator" and
substituting "holder of a driver training school licence".
Section 14 is amended by striking out "a driver training
school" and substituting "a holder of a driver training school
licence".
Section 15 is amended
(
a) in subsection (1) by striking out "a driver training
school" and substituting "a holder of a driver training
school licence";
(
b) in subsection (2) by striking out "a driver training
school" and substituting "a holder of a driver training
school licence";
(
c) in subsection (3) by striking out "a driver training
school" and substituting "a holder of a driver training
school licence";
(
d) in subsection (4) by striking out "A driver training
school" and substituting "A holder of a driver training
school licence";
(
e) in subsection (5) by striking out "A driver training
school" and substituting "A holder of a driver training
school licence".
Section 16 is amended by striking out "a driver training
school" and substituting "a holder of a driver training school
licence".
Section 19 is amended
(
a) in subsection (1)(
b) by striking out "a driver training
school" and substituting "a holder of a driver training
school licence";
(
b) in subsection (2) by striking out "or" at the end of
clause (
a) and by adding the following after clause
(a):
(a.1) a person providing instruction for off-highway,
racetrack or closed circuit driving, or
Section 21(1)(
a) is amended by striking out "Alberta".
Section 22(1) is repealed and the following is
substituted:
Licence not issued
22(1) The Registrar must refuse to issue an instructor's licence to a
person if
(
a) during the 5 years immediately preceding the application date
(
i) the person was convicted of an offence under the
Criminal Code (Canada) that is related to the functions,
duties or business of a driving instructor, including,
without limitation, the offences of forgery, the use of
false pretences, bribery, extortion, conspiracy to defraud
or theft or an offence involving moral turpitude or the
unlawful operation of a vehicle, and
(ii) the conviction is final by reason of the final disposition
of the appeal by the courts or the expiry of the time for
appeal without an appeal having been made,
(
b) the person's operator's licence has been suspended or
cancelled during the 2 years immediately preceding the
application date, or
(
c) the person has accumulated 7 or more demerit points under
the Use of Highway and Rules of the Road Regulation
(AR 304/2002) when the application is made.
(2) The Registrar may refuse to issue an instructor's licence to a
person if
(
a) the person makes a false statement in the application for the
licence,
(
b) the person provides false information to the Registrar,
(
c) the person refuses to provide the Registrar with information
as required under this Regulation,
(
d) the person has previously held a licence issued under this
Regulation that has been suspended or cancelled,
(
e) the person has contravened any provision of the Act or the
regulations and, in the Registrar's opinion, that contravention
affects the person's fitness to hold an instructor's licence, or
(
f) in the opinion of the Registrar, it is not in the public interest
to issue a licence to the person.
Section 24 is amended by adding the following after
subsection (3):
(4) The holder of an instructor's licence must act in accordance with
the licensed driver training school procedures manual.
(5) Notwithstanding sections 21 and 23, the Registrar may issue an
instructor's licence to a person licensed or registered in good
standing in another jurisdiction that is recognized by the Registrar as
having substantively equivalent standards and who is of good
character and reputation in that jurisdiction.
Section 31 is repealed and the following is substituted:
Licence not issued
31(1) The Registrar must refuse to issue an examiner's licence to a
person if during the 5 years immediately preceding the application
date
(
a) the person was convicted of an offence under the Criminal
Code (Canada) that is related to the functions, duties or
business of a driver examiner, including, without limitation,
the offences of forgery, the use of false pretences, bribery,
extortion, conspiracy to defraud or theft or an offence
involving moral turpitude or the unlawful operation of a
vehicle, and
(
b) the conviction is final by reason of the expiry of the final
disposition of the appeal by the courts or the time for appeal
without an appeal having been made.
(2) The Registrar may refuse to issue an examiner's licence to a
person if
(
a) the person makes a false statement in the application for the
licence,
(
b) the person provides false information to the Registrar,
(
c) the person refuses to provide the Registrar with information
as required under this Regulation,
(
d) the person has previously held a licence issued under this
Regulation that has been suspended or cancelled,
(
e) the person has contravened any provision of the Act or the
regulations and, in the Registrar's opinion, that contravention
affects the person's fitness to hold an examiner's licence, or
(
f) in the opinion of the Registrar, it is not in the public interest
to issue a licence to the person.
19 The following is added after
section 32:
Adoption of manuals
32.1 The licensed driver examiner procedures manual established
and amended from time to time by the Registrar is adopted and
applies to licensed driver examiners under this Regulation.
Section 33 is amended by adding the following after
subsection (3):
(4) The holder of an examiner's licence must act in accordance with
the licensed driver examiner procedures manual.
(5) Notwithstanding sections 29 and 30, the Registrar may issue an
examiner's licence to a person licensed or registered in good
standing in another jurisdiction that is recognized by the Registrar as
having substantively equivalent standards and who is of good
character and reputation in that jurisdiction.
Section 39(1) is amended
(
a) by striking out "a representative of a driver training
school" and substituting "the holder of or a representative
of the holder of a driver training school licence";
(
b) by adding "or is not in accordance with the licensed driver
training school procedures manual or licensed driver
examiner procedures manual" after "examining principles".
Section 40 is amended
(
a) in subsection (1)
(
i) by striking out "a driver training school" and
substituting "a holder of a driver training school
licence";
(ii) by adding "or is not in accordance with the licensed
driver training school procedures manual or licensed
driver examiner procedures manual" after "examining
principles";
(
b) in subsection (2)
(
i) by striking out "a driver training school" and
substituting "a holder of a driver training school
licence";
(ii) by adding "or is not in accordance with the licensed
driver training school procedures manual or licensed
driver examiner procedures manual" after "examining
principles".
Section 48(1) is amended by striking out "or" at the end
of clause (
e) and by adding the following after clause (f):
(
g) the holder of the licence or the holder's agent or employee
contravenes a provision of the licensed driver training school
procedures manual,
(
h) in the opinion of the Registrar, it is not in the public interest
for the person to continue to hold a licence, or
(
i) the holder of the licence or the holder's agent or employee
fails to pay an administrative penalty in accordance with
section 143 of the Act.
Section 49(1) is amended by striking out "or" at the end
of clause (
e) and by adding the following after clause (f):
(
g) contravenes a provision of the licensed driver training school
procedures manual or the licensed driver examiner
procedures manual,
(
h) in the opinion of the Registrar, it is not in the public interest
for the person to continue to hold a licence, or
(
i) the holder of the licence or the holder's agent or employee
fails to pay an administrative penalty in accordance with
section 143 of the Act.
Section 57(1) is amended by striking out "A driver
training school that stops operating" and substituting "A holder of a
driver training school licence who stops operating the driver training
school".
--------------------------------
Alberta Regulation 170/2011
Traffic Safety Act
OPERATOR LICENSING AND VEHICLE CONTROL (DEALER PLATES)
AMENDMENT REGULATION
Filed: August 5, 2011
For information only: Made by the Minister of Transportation (M.O. 16/11) on July
26, 2011 pursuant to
section 64 of the Traffic Safety Act.
1 The Operator Licensing and Vehicle Control Regulation
(AR 320/2002) is amended by this Regulation.
Section 74(3) is repealed.
Section 75 is amended
(
a) in subsection (1)
(
i) in clause (
c) by striking out "testing or";
(ii) by adding the following after clause (c):
(c.1) is not for the time being in the custody or control
of a purchaser or prospective purchaser of the
vehicle,
(
b) by repealing subsection (2) and substituting the
following:
(2) For the purposes of subsection (1)(b), "used in the
promotion of sales by the holder of the dealer's certificate of
registration or its employee or agent" includes personal use of
the vehicle by
(
a) the holder of the dealer's certificate of registration,
(
b) the holder's employee or agent, and
(
c) a family member of the holder or the holder's
employee.