Alberta Gazette — 31 December 2007 (Part II)
31 December 2007
Alberta — Gazette
Alberta Regulation 233/2007
Fisheries (Alberta) Act
FISHERIES (MINISTERIAL) (DOMESTIC FISHING LICENCE FEE
ABOLITION) AMENDMENT REGULATION
Filed: December 5, 2007
For information only: Made by the Minister of Sustainable Resource Development
(M.O. 29/07) on November 5, 2007 pursuant to
section 44 of the Fisheries (Alberta)
Act.
1 The Fisheries (Ministerial) Regulation (AR 220/97) is
amended by this Regulation.
2 Item 8(
a) of
Schedule 1 is amended by striking out "$5"
and substituting "$0".
--------------------------------
Alberta Regulation 234/2007
Wildlife Act
WILDLIFE (SUBSISTENCE HUNTING, 2007) AMENDMENT REGULATION
Filed: December 5, 2007
For information only: Made by the Minister of Sustainable Resource Development
(M.O. 30/07) on November 5, 2007 pursuant to sections 12 and 103(1) of the Wildlife
Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Section 39 is amended
(
a) in subsection (1) by repealing clause (
a) and
substituting the following:
(
a) he is a resident, and
(
b) by repealing subsection (2).
Section 40 is repealed and the following is substituted:
Subsistence hunting licence - entitlements
40(1) A subsistence hunting licence authorizes its holder, if any of
his family members, including an adult interdependent partner, is in
dire need of sustenance, to hunt the kind or kinds of animal, from
among moose, elk and deer, and in the number, during the period
and in the area, specified in the licence.
(2) The period referred to in subsection (1) may, if the licence so
specifies, be outside or notwithstanding the lack of an open season.
--------------------------------
Alberta Regulation 235/2007
Government Organization Act
PERSONAL PROPERTY REGISTRY ACCREDITATION AND
DOCUMENT HANDLING REGULATION
Filed: December 5, 2007
For information only: Made by the Minister of Service Alberta (M.O. SA:024/2007)
on December 4, 2007 pursuant to
section 12 of
Schedule 12 of the Government
Organization Act.
Table of Contents
Interpretation
Part 1
Designation of Registry
2 Designation of registry
Part 2
Accreditation
3 Accredited person
4 Application for accreditation
5 Examination
6 Accreditation of applicant
7 Duty to inform applicant of accreditation
Part 3
Document Handling
8 Assigning user ID
9 Requirement to be employed by transmitting party
10 Use of user ID
11 Transmittal of designated documents
12 Effect of authorization and transmittal
13 Duty of Registrar on receiving transmittal
14 Responsibility re user ID
Part 4
Suspension and Cancellation of
Accredited Person's Access to Registry
15 Inspections and audits
16 Suspension or cancellation of access to registry
17 Objection process following suspension or cancellation
Part 5
General Provisions
18 Personal Property Registry
19 Effect of using user ID
20 Forms
21 Service charges
22 Powers of Registrar under other enactments
23 Expiry
Schedule
Interpretation
1(1) In this Regulation,
(a) "accredited person" means a person who successfully obtains
accreditation pursuant to this Regulation;
(b) "designated document" means an electronic version of a
form, including a financing statement and a financing change
statement, that has been designated by the Registrar under
section 7(2) of
Schedule 12 as a designated document for the
purposes of this Regulation;
(c) "electronic access agreement" means an agreement referred
to in
section 3(1) or 6(1) of
Schedule 12, pursuant to which a
registry agent or other person
(
i) is provided electronic access to the Personal Property
Registry, and
(ii) is authorized to transmit in accordance with this
Regulation and the terms of that agreement;
(d) "information" includes data in an electronic format;
(e) "other applicable enactment" means any enactment other
than
Schedule 12, this Regulation and the Personal Property
Security Act that governs or affects the operation of the
Personal Property Registry;
(f) "Registrar" means the Registrar of Personal Property under
the Personal Property Security Act;
(g) "registry" has the meaning given to it in
section 1 of
Schedule 12;
(h) "Schedule 12" means
Schedule 12 to the Government
Organization Act;
(i) "transmitting party" means a registry agent or other person
who is authorized by the Registrar pursuant to an electronic
access agreement to effect the registration of designated
documents in the Personal Property Registry;
(j) "user ID" means a unique identifier assigned to an accredited
person pursuant to
section 8, which may include but is not
limited to a password, token, card or biometrics.
(2) Any reference in this Regulation to "transmit", "transmitted" or
"transmittal" is to be taken to refer to the sending by a transmitting
party of a designated document to the Registrar in order to effect the
registration of the document in the Personal Property Registry.
(3) Any reference in this Regulation to the authorizing of a designated
document for processing is to be taken to refer to the document's being
authorized for processing within the meaning of
section 7(1)(
f) of
Schedule 12.
Part 1
Designation of Registry
Designation of registry
2 The Personal Property Registry is designated as a registry to which
section 7 of
Schedule 12 applies.
Part 2
Accreditation
Accredited person
3 For the purposes of
Schedule 12, a person may become accredited
to carry out functions respecting document authorization, including a
transmittal, by obtaining accreditation in accordance with this
Regulation.
Application for accreditation
4(1) A person may obtain accreditation by applying to the Registrar in
the form and manner set by the Registrar.
(2) An application under subsection (1) must include
(
a) the applicant's name,
(
b) the applicant's residential and business addresses and
telephone numbers,
(
c) the name of the employer for whom the applicant will be
carrying out functions respecting document authorization,
including a transmittal, and
(
d) any other information requested by the Registrar.
Examination
5(1) The Registrar may require an applicant to write an examination
set by the Registrar.
(2) An applicant who is required to write an examination or who
challenges an examination must achieve a score on the examination
that is acceptable to the Registrar.
(3) The Registrar is authorized to collect and retain
(
a) an applicant's completed examination, and
(
b) an applicant's score on the examination.
Accreditation of applicant
6 Where an applicant achieves an acceptable score on the
examination, the Registrar may accredit the applicant.
Duty to inform applicant of accreditation
7 Where the Registrar accredits an applicant, the Registrar must
(
a) confirm in writing to the applicant that the applicant is an
accredited person, and
(
b) advise the applicant of the specific designated documents in
respect of which the applicant is accredited to carry out
functions respecting document authorization, including a
transmittal.
Part 3
Document Handling
Assigning user ID
8 The Registrar may assign a user ID to an accredited person and
provide the user ID to the accredited person.
Requirement to be employed by transmitting party
9 Before an accredited person is eligible to carry out functions
respecting document authorization, including a transmittal, the
accredited person must be employed by a transmitting party.
Use of user ID
10 When carrying out functions respecting document authorization,
including a transmittal, the accredited person must use the accredited
person's user ID to enable the Registrar
(
a) to identify the accredited person, and
(
b) to ensure that the accredited person is accredited to carry out
those functions.
Transmittal of designated documents
11(1) If designated documents are required or permitted by or under
the Personal Property Security Act or any other applicable enactment
to be registered by or sent or delivered to the Registrar, the designated
documents must be registered, sent or delivered by being transmitted.
(2) An accredited person must ensure that a designated document that
is to be transmitted
(
a) is transmitted in the manner and in the electronic format
established by the Registrar, and
(
b) contains the information required by the Registrar, this
Regulation and the Personal Property Security Act or other
applicable enactment.
Effect of authorization and transmittal
12 The authorization of a designated document for processing,
including a transmittal, constitutes a request to the Registrar that the
Registrar, in accordance with the Personal Property Security Act or
other applicable enactment, as modified by
Schedule 12 and this
Regulation, register, maintain or otherwise deal with the designated
document authorized or transmitted.
Duty of Registrar on receiving transmittal
13(1) On receiving a transmittal, the Registrar must
(
a) issue by electronic or other means the appropriate
verification statement or other document authorized by the
Personal Property Security Act or other applicable
enactment, and
(
b) maintain in the electronic database of the Personal Property
Registry the designated document and the information
contained in the transmittal and the verification statement or
other document for the life of the registration plus 90 days.
(2) A verification statement or other document referred to in
subsection (1)(
a) may be printed out by the accredited person.
(3) If a verification statement or other document is issued under
subsection (1)(
a) and provided to an accredited person, the accredited
person must provide that verification statement or other document to
the secured party who is entitled to receive it.
Responsibility re user ID
14(1) An accredited person is responsible for the security and use of
that person's user ID.
(2) An accredited person is responsible for all transmittals that include
that person's user ID.
Part 4
Suspension and Cancellation
of Accredited Person's
Access to Registry
Inspections and audits
15 The Registrar or a person on the Registrar's behalf may conduct
regular inspections and audits of any or all functions carried out by an
accredited person
(
a) to determine whether any training that may be provided to
accredited persons is appropriate to enable accredited persons
to carry out those functions in a manner that complies with
this Regulation and any other applicable enactment, and
(
b) to determine whether an accredited person is competent and
is carrying out all functions in a manner that complies with
this Regulation and any other applicable enactment.
Suspension or cancellation of access to registry
16 The Registrar may suspend or cancel an accredited person's
access to the Personal Property Registry if, as a result of an inspection
or audit under
section 15, the Registrar is of the opinion that the
accredited person
(
a) fails to carry out all functions in a manner that complies with
this Regulation and any other applicable enactment,
(
b) has in a period of 18 months carried out fewer than 10
functions respecting document authorization,
(
c) engages in activities that are harmful to the operation or
reputation of the Registrar or the Personal Property Registry,
(
d) alters the accreditation of the accredited person,
(
e) has obtained accreditation on the basis of
(
i) misrepresentation or fraud,
(ii) an error in the information provided to the Registrar, or
(iii) an irregularity in writing the examination under
section
(
f) permits any other person to use the accredited person's user
ID for any purpose, or
(
g) uses another accredited person's user ID for any purpose.
Objection process following suspension or cancellation
17(1) Where the Registrar suspends or cancels an accredited person's
access to the Personal Property Registry under
section 16, the Registrar
must provide a notice, in writing, to the accredited person
(
a) advising that the accredited person's access to the Personal
Property Registry has been suspended, for a specified period
or until further notice, or cancelled, as the case may be,
(
b) setting out the reasons for the suspension or cancellation,
(
c) setting out the conditions that apply to the accredited person
during a suspension, if any, and
(
d) advising that the accredited person has a period of 30 days
following the date of the notice to object to the suspension or
cancellation.
(2) An objection must be in the form set by the Registrar and must
include reasons why the accredited person's access to the Personal
Property Registry should be reinstated.
(3) On receiving an objection, the Registrar must reconsider the
decision to suspend or cancel in light of the accredited person's
objection.
(4) The Registrar may
(
a) reinstate or vary the accredited person's access to the
Personal Property Registry following a review, or
(
b) uphold the suspension or cancellation.
(5) The Registrar must notify the accredited person, in writing, of
(
a) the decision,
(
b) the reasons for the decision, and
(
c) where the decision is to uphold a suspension, the period of
the suspension and any conditions that apply to the
accredited person during the suspension.
(6) An accredited person whose access to the Personal Property
Registry is cancelled may re-apply in accordance with
section 4 to
obtain accreditation.
Part 5
General Provisions
Personal Property Registry
18 All designated documents that have been transmitted to the
Registrar for registration in the Personal Property Registry, the
information contained in a transmittal and any verification statement or
other document issued under
section 13(1)(
a) form part of the Personal
Property Registry.
Effect of using user ID
19 The use of a user ID to transmit a designated document or to
authorize a designated document for processing in accordance with this
Regulation has the same evidentiary force as if the accredited person
had signed a paper document containing the information transmitted or
authorized for processing.
Forms
20 The forms to be used in respect of the Personal Property Registry
and in carrying out functions respecting document authorization and
transmittals are the electronic forms established by the Registrar.
Service charges
21(1) The service charges payable to the Registrar with respect to a
transmittal, a search and any other related services are those set out in
the Schedule.
(2) The Registrar may waive a service charge referred to in subsection
(1) that is payable
(
a) by a department or an agency of the Government, or
(
b) by a Provincial agency as defined in the Financial
Administration Act
where the Registrar is satisfied that the department, agency or
Provincial agency will not recover the service charge from another
person.
Powers of Registrar under other enactments
22 Nothing in this Regulation is to be construed so as to restrict any
of the powers of the Registrar under the Personal Property Security
Act,
Schedule 12 or any other applicable enactment.
Expiry
23 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on October 31, 2015.
Schedule
Service Charges
Registrations
1 To register a financing statement
covering
(
a) a security agreement under
the Personal Property
Security Act or a
registration under the Sale
of Goods Act or the Factors
Act
$2 per year for optional
registration life from 1
to 25 years, or $400 for
infinity registration life
(
b) any other registration
authorized under any Act to
be made at the Personal
Property Registry
2 To register a writ of enforcement
under the Civil Enforcement Act
$10
3 To register a financing change
statement covering
(
a) a renewal of a registration
relating to a security
agreement under the
Personal Property Security
Act or a registration under
the Sale of Goods Act or the
Factors Act
$2 per year for optional
renewal registration life
from 1 to 25 years, or
$400 for infinity renewal
registration life
(
b) an amendment other than a
renewal or total discharge
no charge
(
c) a renewal referred to in
clause (
a) and an
amendment referred to in
clause (
b) the greater of the fee for
the renewal or the
amendment
(
d) a total discharge
no charge
4 To register
(
a) a status report to renew a
writ of enforcement
(
b) a status report, other than
one referred to in clause (a),
to amend a writ of
enforcement
no charge
5 To register a stay
no charge
6 To register
(
a) a civil enforcement agency
report in respect of a seizure
(
b) an amendment to a civil
enforcement agency report
in respect of a seizure
no charge
(
c) a civil enforcement agency
report in respect of a sale or
distribution or an
amendment to a civil
enforcement agency report
in respect of a sale or
distribution
no charge
7 To register
(
a) a maintenance order
(
b) a status report to amend a
maintenance order
no charge
8 To register a Global Financing
Change Statement
no charge
9 To register
(
a) a writ of seizure and sale
(federal writ)
$10
(
b) a status report to renew a
writ of seizure or sale
(federal writ)
(
c) a status report to amend a
writ of seizure or sale
(federal writ)
no charge
(
d) a disposition of land
(
e) an amendment report of
disposition of seized land
no charge
Search Requests
1 To obtain a distribution seizure
search for the purposes of the Civil
Enforcement Act
2 To obtain any other search result
$1 for each name, serial
number or registration
number searched
Miscellaneous
1 To obtain periodic reports or
secured party search reports
$0.50 for each
registration disclosed
--------------------------------
Alberta Regulation 236/2007
Municipal Government Act
PLANNING EXEMPTION AMENDMENT REGULATION
Filed: December 5, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 552/2007)
on December 5, 2007 pursuant to
section 618 of the Municipal Government Act.
1 The Planning Exemption Regulation (AR 223/2000) is
amended by this Regulation.
2 The following is added after
section 4.5:
Application re planning bylaw
4.6
Section 692(4)(a)(i), (
b) and (
c) of the Act do not apply to
The City of Calgary with respect to land described in
Schedule 6
where the City makes a bylaw amending the Land use
Bylaw, 1P2007 to change the district designation of that land.
3 The following is added after
Schedule 5:
Schedule 6
All lands contained within the heavy black line shown in the map
below, described as follows:
Commencing at the intersection of the south bank of the Bow River
with the west bank of the Elbow River, southerly to the north side of
12 Avenue SE, easterly crossing the Elbow River and along the
south side of MacDonald Avenue SE to the intersection of Bellevue
Avenue SE, southerly along the west side of Bellevue Avenue SE,
westerly along the south side of parcel 2789K;B;6-9 (811
MacDonald Avenue SE), southerly along the east side of parcel
2789K;B;1A,1-5 (803 MacDonald Avenue SE) to Salisbury Avenue
SE, southerly along the west side of Salisbury Avenue SE and
Salisbury Street SE to the intersection with the west side of 6 Street
SE, southerly along the west side of 6 Street SE to the intersection
with the south side of Spiller Road SE, westerly along the south side
of Spiller Road SE to the north side of parcel RW67;RLY;24 (2514
Spiller Road SE), easterly along the north side of the above parcel
and continuing in the easterly direction along the north side of
adjacent parcels to the intersection with the west side of Dartmouth
Road SE, southerly along the west side of Dartmouth Road SE to the
intersection with the north side of 25 Avenue SE, westerly along the
north side of 25 Avenue SE to the intersection with the east side of
MacLeod Trail S, northerly along the east side of MacLeod Trail S
until the intersection with the north bank of the Elbow River,
westerly along the north bank of the Elbow River to the intersection
with the east side of 1 Street SE, northerly along the east side of 1
Street SE until the intersection with the north side of 17 Avenue SE,
westerly along the north side of 17 Avenue SE and 17 Avenue SW to
the intersection with the east side of 14 Street SW, northerly along
the east side of 14 Street SW to the intersection with the north side
of 9 Avenue SW, westerly along the north side of 9 Avenue SW
until the intersection with the east side of 15 Street SW, northerly
along the east side of 15 Street SW and following that line northerly
until the intersection with the south bank of the Bow River, easterly
along the south bank of the Bow River, to Princes Island Park,
easterly along the north side of Princes Island Park to the south bank
of the Bow River, easterly along the south bank of the Bow River to
the intersection with the west bank of the Elbow River.
--------------------------------
Alberta Regulation 237/2007
Dependent Adults Act
DEPENDENT ADULTS AMENDMENT REGULATION
Filed: December 5, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 561/2007)
on December 5, 2007 pursuant to
section 89 of the Dependent Adults Act.
1 The Dependent Adults Regulation (AR 289/81) is
amended by this Regulation.
Section 14 is amended by striking out "December 31, 2007"
and substituting "November 30, 2009".
Alberta Regulation 238/2007
Forests Act
TIMBER MANAGEMENT AMENDMENT REGULATION
Filed: December 5, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 562/2007)
on December 5, 2007 pursuant to
section 4 of the Forests Act.
1 The Timber Management Regulation (AR 60/73) is
amended by this Regulation.
Section 39 is amended by adding the following after
subsection (1):
(1.1) The Minister may require that a deposit in the amount
specified by the Minister be paid prior to the making of a bid under
this section.
Section 40(1) and (2) are repealed and the following is
substituted:
40(1) The security for a commercial timber permit or coniferous
community timber permit must be deposited with the Minister
before the permit is issued and, if applicable, within the time
period specified in the public sales notice.
Section 71 is repealed and the following is substituted:
71 No mill or plant operator may accept from any person timber
or primary timber products for custom processing until that person
produces to the operator a completed Form TM 9 or provides an
affidavit giving the legal description of privately owned land,
Indian Reserve or Metis Settlement on which the timber was
harvested.
Section 74.2 is amended by adding the following after
subsection (3):
(4) Notwithstanding subsections (1) to (3), if
(
a) the number of community timber manufacturers or
community loggers is below the maximum limit set out
section 74.3(2), and
(
b) the Minister is of the opinion that an additional
community timber manufacturer or community logger,
as the case may be, is desirable for the maintenance of a
viable community timber program in Alberta,
a person may apply for registration as a community timber
manufacturer or community logger, as the case may be.
Section 74.3 is repealed and the following is substituted:
74.3(1) On approval by the Minister, the Minister shall register
eligible mill owners as community timber manufacturers and
eligible loggers as community loggers.
(2) The Minister shall determine the maximum number of
community timber manufacturers and community loggers that may
be registered.
(3) The Minister must maintain a list of active community timber
manufacturers and community loggers.
Section 74.5 is repealed.
Section 74.8 is repealed and the following is substituted:
74.8(1) The Minister may establish operational requirements for
community timber manufacturers and community loggers.
(2) If a community timber manufacturer or community logger fails
to comply with the operational requirements, the Minister may
(
a) suspend or cancel the community timber manufacturer's
or community logger's registration under
section 74.3,
(
b) cancel the coniferous community timber permit or the
coniferous community timber licence held by the
community timber manufacturer, or
(
c) if the community timber manufacturer complies with
the requirements in
section 21 or 22 of the Act for a
coniferous timber licence or a commercial timber
permit, issue a coniferous timber licence or a
commercial timber permit.
Section 98 is repealed and the following is substituted:
98(1) A licensee and, at the request of the Minister, a commercial
timber permittee or a coniferous community timber permittee shall
submit to the Minister for approval an annual operating plan in
accordance with the operating practices referred to in subsection (2)
(
a) before the 1st day of March if operations are to
commence between the 1st day of May and the 31st day
of October,
(
b) before the 1st day of September if operations are to
commence between the 1st day of November and the
following 30th day of April, or
(
c) notwithstanding clauses (
a) and (b), before a time
specified by the Minister.
(2) The Minister may establish rules respecting operating practices
for licensees and permittees referred to in this section.
(3) An annual operating plan shall be prepared in the form and
manner determined by the Minister.
Section 100 is amended
(
a) by renumbering it as
section 100(1) and by
repealing subsection (1)(
a) and substituting the
following:
(
a) conduct timber operations in accordance with the
approved annual operating plan and the rules referred to
in subsection (2),
(
b) by adding the following after subsection (1):
(2) The Minister may establish rules respecting harvesting and
reforestation operations for licensees and permittees.
Section 105 is amended by adding ", or other information
approved by the Minister," after "photographs".
Section 122.1 is amended
(
a) in subsection (1)
(
i) by renumbering clause (
a) as clause (a.2) and
by adding the following before clause (a.2):
(a) "establishment survey" means a survey conducted
on an area to be reforested to determine if
regeneration is established according to
reforestation standards;
(a.1) "performance survey" means a survey conducted
after an establishment survey on an area to be
reforested to determine if established regeneration
is growing at a rate acceptable to the Minister
according to the reforestation standards;
(ii) by repealing clause (
b) and substituting the
following:
(b) "reforestation requirements" means the
requirements referred to in
section 141.2;
(b.1) "reforestation standards" means the regeneration
requirements for coniferous, deciduous or mixed
wood reforestation, as the case may be, of the
reforestation requirements;
(iii) by repealing clause (d);
(
b) by repealing subsection (3).
Part 6, Division 1, is repealed.
Section 141.2 is repealed and the following is
substituted:
141.2(1) Subject to
section 141.1, the Minister may establish
reforestation requirements, including procedures and methods to be
used to determine whether or not an area of public land that is
required to be reforested is satisfactorily reforested, the requirements
for establishment surveys and performance surveys and the methods
and timing of conducting surveys under this Part.
(2) The Minister must publish the reforestation requirements in a
manner considered appropriate by the Minister.
Section 141.5 is amended by adding "or vegetative
propagules" after "cones".
16 Sections 141.6 to 141.9 are repealed and the following
is substituted:
141.6(1) The timber disposition holder shall submit to the Minister
an establishment survey for an area to be reforested.
(2) If, in the opinion of the Minister, the reforestation standards
have not been completely met by the end of the year in which the
establishment survey is required, the timber disposition holder shall,
before the end of the following year, re-treat the area by methods and
operations that were approved in writing by the Minister under
section 143.1 prior to the commencement of the re-treatment.
(3) Instead of submitting a reestablishment survey under subsection
(2), a timber disposition holder who at any time after the
reforestation referred to in
section 141.1 knows that the area to be
reforested is not likely to meet the applicable reforestation standards
without additional treatment may elect to submit for approval by the
Minister a written commitment to carry out the reforestation
operations that the Minister approves as necessary to meet the
applicable reforestation standards.
141.7(1) The timber disposition holder shall submit to the Minister
a performance survey for the area to be reforested.
(2) If, in the opinion of the Minister, the results of the performance
survey are acceptable, reforestation is completed and no further
reforestation treatments or surveys are required.
(3) Notwithstanding
section 141, subsection (1) applies only to areas
cut under a timber licence or timber permit after April 30,
Section 142 is repealed and the following is substituted:
142(1) Where a timber disposition holder fails to comply with the
reforestation standards by the last date on which the applicable
survey may be submitted under
section 141.6 or 141.7, as the case
may be, the Minister may order
(
a) the suspension of some or all,
(
i) of the operations that may be carried out under any
timber disposition held by the timber disposition
holder, and
(ii) of the reforestation operations referred to in the
order,
(
b) if any of the operations have not yet commenced, that
any or all of the operations not commence.
(2) A person who is subject to an order under subsection (1) shall
discontinue the operations that are the subject of the order forthwith
after being notified of it or not commence them, as the case may be,
until the Minister cancels the order or otherwise notifies the person
in writing that the person may carry on or commence those
operations.
Section 142.1 is repealed.
Section 143.2(2) is repealed and the following is
substituted:
(2) A timber disposition holder responsible for carrying out
reforestation shall, by May 15 of each year, submit to the Minister,
in a form satisfactory to the Minister, a complete and accurate report
summarizing the preceding year's reforestation program.
Section 143.3 is amended by adding "or for fire hazard
reduction" after "stand".
Section 143.4 is amended by adding ", a fire hazard" after
"diseased".
Section 144.2 is amended by renumbering it as
section
144.2(1) and by adding the following after subsection (1):
(2) A person required to reforest public land must comply with the
rules set out in subsection (1).
(3) The Minister may require removal or disposal of all trees
introduced to public land in contravention of rules established under
subsection (1).
Section 164.1 is amended
(
a) in subsection (1) by striking out "import" and
substituting "bring";
(
b) in subsection (2) by striking out "importation" and
substituting "bringing into Alberta".
Section 175 is amended by striking out "2008" and
substituting "2013".
Schedule 2 is amended
(
a) by adding "105," after "73,";
(
b) by adding "144.2," before "146";
(
c) by adding ", 164.1" after "146".
26 This Regulation comes into force on January 1, 2008.
--------------------------------
Alberta Regulation 239/2007
Various Acts
AGRICULTURE AND FOOD EXPIRY CLAUSES
AMENDMENT REGULATION
Filed: December 12, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 570/2007)
on December 12, 2007.
1 The Honey Grading Regulation (AR 104/97) is amended
section 7 by striking out "2008" and substituting "2011".
2 The Livestock Dealers and Livestock Dealers' Agents
Regulation (AR 66/98) is amended in
section 19 by striking
out "2008" and substituting "2009".
3 The Livestock Identification and Brand Inspection
Regulation (AR 195/98) is amended in
section 18 by striking
out "2008" and substituting "2009".
4 The Livestock Industry Diversification (Principal)
Regulation (AR 255/91) is amended by adding the following
after
section 4:
Expiry
4.1 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on October 31, 2010.
5 The Livestock Patrons' Claims Review Tribunal
Regulation (AR 257/97) is amended in
section 34 by striking
out "October 31, 2008" and substituting "June 30, 2009".
6 The Livestock Transportation Regulation (AR 22/99) is
amended in
section 13 by striking out "2008" and
substituting "2009".
7 The Production Animal Medicine Regulation
(AR 299/2003) is amended in
section 26 by striking out
"2008" and substituting "2009".
8 The
Section 8 Livestock Designation Regulation
(AR 198/98) is amended in
section 3 by striking out "2008"
and substituting "2009".
9 The Stock Yard Regulation (AR 197/98) is amended in
section 16 by striking out "2008" and substituting "2009".
10 The Stray Animals Regulation (AR 301/96) is amended
section 7 by striking out "2008" and substituting "2009".
--------------------------------
Alberta Regulation 240/2007
Tobacco Reduction Act
TOBACCO REDUCTION REGULATION
Filed: December 12, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 572/2007)
on December 12, 2007 pursuant to
section 9 of the Tobacco Reduction Act.
Table of Contents
1 Prescribed distance
2 Signs prohibiting smoking
3 Signs permitting smoking
4 Size of signs
5 Signs listing products and prices
6 Inspectors
7 Inspection authority
8 Seizure
9 Disposition of property seized
10 Exemption for tobacconists
11 Repeal
12 Expiry
13 Coming into force
Schedules
Prescribed distance
1(1) For the purposes of
section 3(
d) of the Act, the prescribed
distance from a doorway, window or air intake of a public place or
workplace is 5 metres.
(2) For the purposes of
section 3(
d) of the Act and this section,
"window" means a window that can be opened to admit air.
Signs prohibiting smoking
2(1) For the purposes of
section 7(1) of the Act, a sign prohibiting
smoking must
(
a) be posted at each entrance to a public place, workplace or
public vehicle and, in the case of a public place or workplace,
at a height of not less than one metre and not more than 2.4
metres, as measured from the floor of the entrance,
(
b) be posted inside each public place, workplace or public
vehicle in such numbers and locations as the manager of the
public place, workplace or public vehicle reasonably
considers adequate to ensure that the public and employees
are aware of the prohibition, and
(
c) be clearly visible to persons entering the public place,
workplace or public vehicle.
(2) A sign prohibiting smoking must
(
a) contain the graphic symbol set out in
Schedule 1, which must
depict the symbol in red or black on a contrasting
background that makes the symbol clearly legible in
whatever lighting is used in the public place, workplace or
public vehicle, and
(
b) contain the text "no smoking" in capital or lower case letters,
which must
(
i) be set out in a style and size that is clearly legible, and
(ii) be set out on a contrasting background that makes the
text clearly legible in whatever lighting is used in the
public place, workplace or public vehicle.
Signs permitting smoking
3(1) For the purposes of
section 7(2) of the Act, a sign permitting
smoking must
(
a) be posted at each entrance to a room that is designated as a
smoking room under
section 5 of the Act, and
(
b) be clearly visible to persons entering the room or place.
(2) A sign permitting smoking must
(
a) contain the graphic symbol set out in
Schedule 2, which must
(
i) depict the symbol in green or black on a contrasting
background that makes the symbol clearly legible in
whatever lighting is used in the public place or
workplace, and
(ii) be of a size that makes it clearly discernible to the
persons to whom it is directed,
and
(
b) contain the text "smoking permitted" in capital or lower case
letters, which must
(
i) be set out in a style and size that is clearly legible, and
(ii) be set out on a contrasting background that makes the
text clearly legible in whatever lighting is used in the
public place or workplace.
Size of signs
4(1) A sign posted under the Act in a public place or a workplace
other than a work vehicle must be at least 20 cm by 26 cm and must
have a surface area of not less than 520 cm2.
(2) A sign posted under the Act in a public vehicle or work vehicle
must be at least 10 cm by 10 cm and must have a surface area of not
less than 100 cm2.
Signs listing products and prices
5 For the purpose of
section 7.2(2) of the Act, signs listing tobacco
products offered for sale and their prices in a place described in
section
7.2(1) of the Act must meet the following requirements:
(
a) a maximum of one sign per till;
(
b) a maximum of 3 signs in the place;
(
c) the text of the sign must not be visible from outside the place;
(
d) the maximum size of the sign is 968 cm2;
(
e) the sign must be white, except for its text, which must be
black;
(
f) the maximum height of a letter in the sign's text is 18 mm;
(
g) the text size and style must be consistent in all parts of the
sign, and the text must not contain italics, bold type or
underlining;
(
h) signs may include the name and price of a tobacco product
but may not contain any other wording, pictures, logos or
other illustrations.
Inspectors
6(1) The Minister may appoint inspectors or designate any person or
class of persons as inspectors for the purposes of the Act and this
Regulation.
(2) A peace officer within the meaning of the Provincial Offences
Procedure Act is also an inspector for the purposes of the Act and this
Regulation.
(3) An inspector appointed or designated pursuant to subsection
(1) who enters a place or premises for the purposes of the Act or this
Regulation must on request show evidence of his or her appointment or
designation to the person in charge of the place or premises.
Inspection authority
7 For the purposes of administering and enforcing the Act and this
Regulation, an inspector may
(
a) enter and inspect at any reasonable time
(
i) any place or premises, other than a private dwelling,
where tobacco products are sold,
(ii) any public place or public vehicle where smoking is
prohibited under the Act, or
(iii) any place or premises, other than a private dwelling, but
including a workplace, where the inspector believes on
reasonable grounds that evidence of a contravention of
the Act or this Regulation can be found,
(
b) enter at any reasonable time any place or premises, other than
a private dwelling, containing records or property that relate
to the sale of tobacco products and inspect those records or
that property,
(
c) in order to produce a record in reasonable form, use data
storage, information processing or retrieval devices or
systems or other devices or systems that are ordinarily used
in carrying on business at the place,
(
d) make a copy of any records described in clause (
b) or, if the
inspector is unable to make a satisfactory copy, after giving a
receipt, remove and retain the records for any period the
inspector considers reasonable,
(
e) take photographs or recordings of any public place or
workplace and of any activity taking place in the public place
or workplace,
(
f) make any reasonable inquiries orally or in writing of any
person relevant to administering and enforcing the Act or this
Regulation,
(
g) investigate an allegation that a contravention of the Act or
this Regulation has occurred and question any person for the
purposes of that investigation, and
(
h) as the result of an inspection, order the removal of any
advertisement, promotional material, sign or display related
to a tobacco product.
Seizure
8(1) An inspector may seize any tobacco product or sign or any other
thing that the inspector believes on reasonable grounds constitutes
evidence of a contravention of the Act or this Regulation.
(2) An inspector may remove the thing seized or may detain it in the
place where it was seized.
(3) An inspector who seizes a tobacco product or sign or other thing
shall
(
a) inform the person from whom the thing was seized as to the
reason for the seizure, and
(
b) provide the person with a receipt for it.
(4) An inspector who seizes anything under the authority of the Act or
this Regulation shall deal with the thing in the same fashion as if the
thing were seized under the authority of a search warrant.
Disposition of property seized
9(1) Where a person is convicted of an offence under the Act or this
Regulation and there is any thing relating to the conviction that was
seized and is being detained, the thing is, on the expiration of the time
to appeal the conviction or on the conclusion of the proceedings, as the
case may be,
(
a) forfeited to the Crown, if the court so directs, or
(
b) to be returned to the person from whom it was seized or to
any other person entitled to possession of it, subject to any
terms or conditions imposed by the court.
(2) Where a thing is forfeited under subsection (1), the Minister may
dispose of or destroy the thing and the costs of the forfeiture and
disposal or destruction are recoverable from the offender.
Exemption for tobacconists
10(1) In this section, "tobacconist" means a person who sells at retail
only
(
a) tobacco,
(
b) cigars,
(
c) cigarettes, or
(
d) tobacco-related products, including cigarette paper, matches,
lighters, cigar and cigarette holders, pipes, pipe cases, pipe
cleaners, pouches and humidors.
(2) Sections 7.1 and 7.2(1)(
a) of the Act do not apply to a tobacconist
if minors are prohibited from entering the tobacconist's retail premises.
(3) Despite
section 7.2(1)(
b) of the Act, a tobacconist may display a
sign visible outside the tobacconist's retail premises that indicates the
name of the tobacconist's business.
Repeal
11 The Smoke-free Places Signs Regulation (AR 207/2005) is
repealed.
Expiry
12 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 September 30, 2013.
Coming into force
13(1) This Regulation, except sections 5 and 10, comes into force on
January 1, 2008.
(3) Sections 5 and 10 come into force on July 1, 2008.
Schedule 1
Schedule 2
--------------------------------
Alberta Regulation 241/2007
Insurance Act
PROVINCIAL COMPANIES AMENDMENT REGULATION
Filed: December 12, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 578/2007)
on December 12, 2007 pursuant to
section 123 of the Insurance Act.
1 The Provincial Companies Regulation (AR 124/2001) is
amended by this Regulation.
Part 1 is renumbered as
Part 1.1 and the following is
added before
Part 1.1:
Part 1
Debt Obligations
Prescribed matters under s115 of Act
1.01 For the purposes of
section 115 of the Act,
(
a) shares issued by a provincial life or property and
casualty company that are not eligible for use as base
capital of a provincial company are prescribed shares,
and
(
b) every subsidiary of a provincial company is a prescribed
subsidiary of that company except
(
i) a subsidiary that is a financial institution, or
(ii) a subsidiary of a financial institution.
Alberta Regulation 242/2007
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN (DEFINITIONS AND "GOOD SAM"
EMPLOYEES, 2007) AMENDMENT REGULATION
Filed: December 12, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 579/2007)
on December 12, 2007 pursuant to
Schedule 1,
section 4 of the Public Sector Pension
Plans Act.
1 The Local Authorities Pension Plan (AR 366/93) is
amended by this Regulation.
Part 1
Definition Provisions
Section 2(1)(w.2) is repealed and the following is
substituted:
(w.2) "local authority" means any of the following bodies or the
legal entities that comprise or operate the following units, as
the case may be, namely,
(
i) a local government body, that is
(
A) a municipality within the meaning of the
Municipal Government Act,
(
B) a regional services commission, intermunicipal
service agency, municipal planning commission or
intermunicipal planning commission under the
Municipal Government Act,
(
C) a board of trustees under the Drainage Districts
Act,
(
D) the board of directors of a district within the
meaning of the Irrigation Districts Act,
(
E) a body continued or established as a municipal
library board, library system board or federation
board by or under the Libraries Act,
(
F) the Alberta Association of Municipal Districts and
Counties, or
(
G) the Alberta Urban Municipalities Association,
(ii) an educational body, that is
(
A) a technical institute within the meaning of the
Post-secondary Learning Act,
(
B) a public college within the meaning of the
Post-secondary Learning Act,
(
C) a board within the meaning of the School Act,
(
D) a charter school within the meaning of the School
Act, or
(
E) the Alberta School Boards Association,
(iii) a health care body, that is
(
A) the board of an approved hospital within the
meaning of the Hospitals Act,
(
B) a provincial health board established under the
Regional Health Authorities Act, or
(
C) a regional health authority under the Regional
Health Authorities Act;
Section 2(1)(II)(i)(
B) is amended by striking out "and" at
the end of subparagraph (II) and adding the following after
subparagraph (II):
(II.1) acting pay (that is, extra pay for the performance on a
temporary basis of duties at a higher level than the duties
referred to in paragraph (A)), and
Part 1 of
Schedule 2 is amended by adding the following
below "(Section 2(1)(p))":
NOTE: The inclusion of any given body in this
Schedule does not
mean, necessarily, that it is not included in
section 2(1)(
p) by
virtue of its being a local authority.
Section 3 comes into force on January 1, 2008.
Part 2
Good Samaritan Society
Employees Provisions
Section 2(1)(
p) is amended
(
a) by striking out "or" at the end of subclause (ii);
(
b) in subclause (iv) by striking out ", (3) or (4)" and
substituting "or (3)";
(
c) by adding "or" at the end of subclause (iv) and
adding the following after subclause (iv):
(
v) a person to whom
section 3(7) applies,
Section 3 is amended by adding the following after
subsection (6):
(7) A person who falls within
section 10(j)(
i) and (ii) is an
employee.
Section 10 is amended by adding the following after
clause (i):
(
j) employees who
(
i) are and, immediately before the filing under the
Regulations Act of the Local Authorities Pension Plan
(Definitions and "Good Sam" Employees, 2007)
Amendment Regulation, are or were employed by The
Good Samaritan Society (A Lutheran Social Service
Organization), and
(ii) prior to that filing
(
A) had money deducted from their paycheques and
remitted as if they were participants, and
(
B) signed an opting-in declaration in the form set by
the Minister,
with respect to the period or periods in respect of which
those remittances occurred and thereafter so long as
they remain in exactly the same employment positions
that they held at the time of that filing.
9 This
Part is retroactive to the extent necessary to
achieve its purposes with respect to each person affected
by it.
--------------------------------
Alberta Regulation 243/2007
Various Acts
AGRICULTURE AND FOOD EXPIRY CLAUSES (MINISTERIAL)
AMENDMENT REGULATION
Filed: December 12, 2007
For information only: Made by the Minister of Agriculture and Food (M.O. 27/2007)
on December 5, 2007.
1 The Application and Licence Form Regulation
(AR 215/98) is amended in
section 4 by striking out "2008"
and substituting "2009".
2 The Brand Regulation (AR 217/98) is amended in
section
8 by striking out "2008" and substituting "2009".
3 The Fees Regulation (AR 222/98) is amended in
section 2
by striking out "2008" and substituting "2009".
4 The LIS Delegated Authority Regulation (AR 218/98) is
amended in
section 11 by striking out "2008" and
substituting "2009".
5 The LIS Delegated Authority Regulation (AR 219/98) is
amended in
section 13 by striking out "2008" and
substituting "2009".
6 The LIS Delegated Authority Regulation (AR 220/98) is
amended in
section 11 by striking out "2008" and
substituting "2009".
7 The LIS Delegated Authority Regulation (AR 221/98) is
amended in
section 12 by striking out "2008" and
substituting "2009".
8 The Livestock Identification and Brand Inspection Fees
Regulation (AR 216/98) is amended in
section 3 by striking
out "2008" and substituting "2009".
9 The Livestock Industry Diversification (Ministerial)
Regulation (AR 256/91) is amended by adding the following
after
section 15:
Expiry
15.1 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on October 31, 2010.
--------------------------------
Alberta Regulation 244/2007
Marketing of Agricultural Products Act
ALBERTA ELK MARKETING AMENDMENT REGULATION
Filed: December 12, 2007
For information only: Made by the Alberta Elk Commission on July 23, 2007
pursuant to
section 26 of the Marketing of Agricultural Products Act and approved by
the Agricultural Products Marketing Council on August 16, 2007.
1 The Alberta Elk Marketing Regulation (AR 256/2002) is
amended by this Regulation.
Section 2(2) is amended by striking out "$150" and
substituting "$175".
Section 3(2) is amended by adding "up to" before "$4.00".
Alberta Regulation 245/2007
School Act
EARLY CHILDHOOD SERVICES AMENDMENT REGULATION
Filed: December 13, 2007
For information only: Made by the Minister of Education (M.O. 077/2007) on
November 29, 2007 pursuant to
section 30(4) of the School Act.
1 The Early Childhood Services Regulation (AR 31/2002) is
amended by this Regulation.
Section 7(
b) is amended by adding "unless exempted by the
Minister," before "appoint".
Section 8(1) is amended by adding ", unless exempted by the
Minister," after "including".
THE ALBERTA GAZETTE,
PART II, MONTH DAY, 2006
- 823 -
THE ALBERTA GAZETTE,
PART II, DECEMBER 31, 2007
- 803 -