Alberta Gazette — 31 October 2007 (Part II)

31 October 2007

Alberta — Gazette

Alberta Gazette — 31 October 2007 (Part II)

31 October 2007

Alberta — Gazette

Alberta Regulation 203/2007

Municipal Government Act

HIGHWAY 12/21 REGIONAL WATER SERVICES COMMISSION

AMENDMENT REGULATION

Filed: October 3, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 439/2007)

on October 3, 2007 pursuant to

section 602.02 of the Municipal Government Act.

1 The Highway 12/21 Regional Water Services

Commission Regulation (AR 195/2006) is amended by this

Regulation.

Section 2 is amended by adding the following after

clause (a):

(a.1) Lacombe County;

--------------------------------

Alberta Regulation 204/2007

Safety Codes Act

PERMIT REGULATION

Filed: October 3, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 441/2007)

on October 3, 2007 pursuant to

section 65 of the Safety Codes Act.

Table of Contents

Interpretation

2 Exemptions

Part 1

Permits

3 Permit required

4 Permit not required

5 Liability

Building Discipline

6 Building permit

7 Building discipline permit holder

Electrical Discipline

8 Electrical permit

9 Electrical discipline permit holder

Fire Discipline

10 Storage tank system permit

11 Fire discipline permit holder

Gas Discipline

12 Gas permit

13 Gas discipline permit holder

Plumbing Discipline

14 Plumbing permit

15 Plumbing permit holder

Private Sewage Discipline

16 Private sewage disposal permit

17 Private sewage system permit holder

Utility Connections

18 Gas, electricity, water

Information System

19 Permit information

Part 2

Permit Administration

20 Form of permit application

21 Required permit issued - terms

23 Annual permit

24 Responsibilities of the permit holder

25 Term of a permit

26 Refusal to issue, suspension or cancellation

27 Deviation from permit conditions

28 Permit transfer, termination

Part 3

Expiry and Coming Into Force

29 Expiry

30 Coming into force

Interpretation

1(1) In this Regulation,

(a) "Act" means the Safety Codes Act;

(b) "Administrator" means an Administrator appointed under

section 14 of the Act with respect to the applicable discipline;

(c) "Alberta Building Code" means the Alberta Building Code

2006 declared in force by the Building Code Regulation

(AR 117/2007);

(d) "Alberta Electrical Utility Code" means the Alberta

Electrical and Communication Utility Code, Second Edition,

2002 declared in force by the Electrical Code Regulation

(AR 209/2006);

(e) "Alberta Fire Code" means the Alberta Fire Code 2006

declared in force by the Fire Code Regulation

(AR 118/2007);

(f) "Electrical Code" means the Canadian Electrical Code,

Part 1, Twentieth Edition, C22.1-06, as amended by and

declared in force by the Electrical Code Regulation

(AR 209/2006);

(g) "electrician" means a person who holds a trade certificate or

equivalency in the electrician trade acceptable under the

Apprenticeship and Industry Training Act;

(h) "electronic signature" means information that a person

creates, adopts, records, transmits or stores in digital or other

intangible form in order to effect a signature on a document

and that is either in, attached to or associated with that

document;

(i) "farm building" means a building located on agricultural land

as defined in the Agricultural Operation Practices Act that is

occupied for an agricultural operation as defined in the

Agricultural Operation Practices Act, including, but not

limited to,

(

i) housing livestock,

(ii) storing, sorting, grading or bulk packaging of

agricultural products that have not undergone secondary

processing, and

(iii) housing, storing or maintaining machinery that is

undertaken in the building;

(j) "gasfitter" means a person who holds a trade certificate or

equivalency in the gasfitter trade acceptable under the

Apprenticeship and Industry Training Act;

(k) "master electrician" means a person who holds a master

electrician certificate of competency issued pursuant to the

Act;

(l) "parcel of land" means a parcel of land as defined in

section

616 of the Municipal Government Act;

(m) "permit issuer" means a safety codes officer or a person

designated to issue permits pursuant to

section 44 of the Act;

(n) "plumber" means a person who holds a trade certificate or

equivalency in the plumber trade acceptable under the

Apprenticeship and Industry Training Act;

(o) "private sewage installer" means a person who holds a

private sewage installer certificate of competency issued

pursuant to the Act;

(p) "relocatable industrial accommodation" means a building to

which

Part 10 of the Alberta Building Code applies;

(q) "restricted master electrician" means a person who holds a

restricted master electrician certificate of competency issued

pursuant to the Act;

(r) "restricted private sewage installer" means a person who

holds a restricted private sewage installer certificate of

competency issued pursuant to the Act;

(s) "rural wireman" means a person who holds a rural wireman

certificate of competency issued pursuant to the Act;

trade pursuant to an authorization under the Apprenticeship

and Industry Training Act;

(u) "single family residential dwelling" means a residential

dwelling for a single family that includes, if applicable, a

residential garage or accessory structure associated by use to

the dwelling, if the garage or structure is situated on the same

parcel of land as the dwelling;

(v) "undertaking" means the construction of a thing or the

control or operation of a thing, process or activity to which

the Act applies.

(2) Unless otherwise defined in the Act or this Regulation, the

definitions in a code, standard or body of rules relating to the building,

electrical, gas plumbing or private sewage discipline declared in force

under the Act apply to this Regulation.

Exemptions

2 This Regulation does not apply to the following:

(

a) an accredited corporation operating within the scope of its

terms of accreditation;

(

b) equipment and materials regulated under the Elevating

Devices, Passenger Ropeways and Amusement Rides Permit

Regulation (AR 286/2002);

(

c) equipment, materials and systems regulated under the

Pressure Equipment Safety Regulation (AR 49/2006).

Part 1

Permits

Permit required

3(1) Subject to subsection (2), a person shall not start any undertaking

for which a permit is required under this Regulation unless a permit

has been issued.

(2) If a permit issuer is not readily available and there is imminent

serious danger to, or imminent serious danger of damage to, persons or

property because of any thing, process or activity to which this Act

applies or because of a fire hazard or risk of an explosion, a person

may, without a permit, start an undertaking for which a permit is

required under this Regulation but that person must apply for a permit

as soon as a permit issuer is available.

Permit not required

4 A permit is not required for

(

a) an undertaking that a body accredited by the Standards

Council of Canada has inspected pursuant to the body's

terms of accreditation and has certified, or

(

b) an undertaking governed by a quality control program

acceptable to an Administrator.

Liability

5 A permit issued under this Regulation does not make or imply any

assurance or guarantee about the life expectancy, durability, operating

performance or workmanship of the equipment, materials or

undertaking nor shall the permit be construed as an approval or

acceptance of the undertaking.

Building Discipline

Building permit

6(1) A permit in the building discipline is required for the following if

the Alberta Building Code applies to it:

(

a) the construction of a building, including the renovation or

addition to a building;

(

b) a change in occupancy of a building.

(2) A permit issuer may require a separate permit for specific parts of

the undertaking to which the Alberta Building Code applies if the

specific parts involve a compulsory certification trade under the

Apprenticeship and Industry Training Act.

(3) Despite subsection (1), a permit is not required for the following:

(

a) construction that does not exceed $5000 in prevailing market

value if matters affecting health or safety are not at risk;

(

b) painting, decorating, re-roofing or re-siding if

(

i) matters affecting health or safety are not at risk, and

(ii) there is no structural change to the building;

(

c) to replace or alter ducting serving a space heating appliance

(

i) it is located in a single family residential dwelling, and

(ii) there is no design change required to the heating and

ventilation system.

(4) Despite subsection (1), a permit is not required with respect to the

relocation of a relocatable industrial accommodation if the relocatable

industrial accommodation is at the relocation site for not more than 28

days.

Building discipline permit holder

7(1) A permit issuer may issue a permit in the building discipline to

an owner of the building or to the owner's agent.

(2) A permit issuer may issue a permit for an undertaking referred to

section 6(2) to the following:

(

a) a person having the appropriate certification to carry out the

undertaking as required by the Apprenticeship and Industry

Training Act;

(

b) an owner who resides in a single family residential dwelling

for the installation of building systems in the dwelling.

(3) Without limiting the generality of

section 44(2) of the Act, for the

purpose of achieving the level of safety intended by the Act and the

regulations, a permit issuer may limit the type and scope of the

undertaking for which a permit is issued under subsection (2)(b).

Electrical Discipline

Electrical permit

8(1) A permit in the electrical discipline is required to install, alter or

add to an electrical system.

(2) Despite subsection (1), a permit is not required for the following:

(

a) communication systems;

(

b) electrical installations to which the CSA Standard CAN/CSA

M421-00(R2000) The Use of Electricity in Mines applies;

(

c) electrical installations related to an elevating device;

(

d) extra low voltage, Class 2 electrical circuits unless they are

for any of the following:

(

i) safety control;

(ii) locations described as hazardous in the Electrical Code;

(ii) electro-medical purposes;

(iv) lighting;

(

e) the replacement of electrical equipment with units of a

similar type if the replacement is made for the purpose of

maintaining the system and does not modify the ratings or

characteristics of the electrical installation.

Electrical discipline permit holder

9(1) A permit issuer may issue a permit in the electrical discipline to

the following:

(

a) a master electrician for any electrical system;

(

b) a restricted master electrician for any electrical system within

the scope of the restricted master electrician's certification;

(

c) a rural wireman for an electrical undertaking in a residence,

farm building or similar structure, in an area of Alberta

prescribed by an Administrator, if the service ampacity does

not exceed 100 amperes and 300 volts single phase;

(

d) an owner who resides in a single family residential dwelling

where the electrical system serves that dwelling;

(

e) an owner of a farm building served by a single phase

electrical system;

(

f) an owner, operator or designate of a power line construction

company or an electrical utility for the construction of an

overhead or underground power system governed by the

Alberta Electrical Utility Code;

undertakings within the scope of the technician's duties as

permitted by the Apprenticeship and Industry Training Act;

(

h) an owner or operator if the requirements of

section 23 are

met.

(2) Without limiting the generality of

section 44(2) of the Act, for the

purpose of achieving the level of safety intended by the Act and the

regulations, a permit issuer may limit the type and scope of the

undertaking for which a permit is issued under subsection (1)(

d) or (e).

Fire Discipline

Storage tank system permit

10 A permit in the fire discipline is required to install, alter or

remove a storage tank system to which the Alberta Fire Code applies.

Fire discipline permit holder

11 A permit issuer may issue a permit in the fire discipline to the

owner of the parcel of land on which the storage tank system is to be

installed.

Gas Discipline

Gas permit

12(1) A permit in the gas discipline is required to install, alter or add

to a gas system.

(2) Despite subsection (1), a permit is not required for the following:

(

a) a gas system that uses propane or natural gas as an alternate

or principal fuel for motive power on a motor vehicle;

(

b) a gas system that uses propane or natural gas to provide

conditioned air in a cargo transport unit;

(

c) the replacement of a dryer, range, water heater or space

heating appliance if

(

i) it is located in a single family residential dwelling, and

(ii) no design change is required to any gas piping or

venting system;

(

d) the relocation, by a gas utility company, of a gas meter,

including any piping changes that may be required for the

relocation;

(

e) a container having a propane capacity of not more than 454

litres water capacity or when containers are manifolded

together, the aggregate capacity of the containers does not

exceed 454 litres water capacity;

(

f) a propane container and installation serving a pump jack,

flare stack or oil tank heater at an oil field well site.

Gas discipline permit holder

13(1) A permit issuer may issue a permit in the gas discipline to the

following:

(

a) a gasfitter;

(

b) an owner who resides in a single family residential dwelling

if the gas system serves the dwelling;

(

c) an owner of a farm building if the gas system serves the farm

building;

(

d) a person who has satisfactorily completed a course of

training acceptable to the Administrator for the installation of

liquefied petroleum tanks;

(

e) a person who has satisfactorily completed a course of

training acceptable to the Administrator for the installation of

natural gas secondary lines;

(

f) an owner or operator if the requirements of

section 23 are

met.

(2) Without limiting the generality of

section 44(2) of the Act, for the

purpose of achieving the level of safety intended by the Act and the

regulations, a permit issuer may limit the type and scope of the

undertaking for which a permit is issued under subsection (1)(

b) or (c).

Plumbing Discipline

Plumbing permit

14(1) A permit in the plumbing discipline is required to install, alter

or add to a plumbing system.

(2) Despite subsection (1), a permit is not required for the following:

(

a) to install a water service that connects a building to a

municipal or private water supply;

(

b) to install a building sewer or storm sewer outside of a

building;

(

c) to change a fixture, water heater, faucet, trap or valve if a

design change to the piping system is not required;

(

d) to install plumbing fixtures in a single family residential

dwelling if roughed-in piping has been completed under

another permit;

(

e) to install residential water treatment devices in a single

family residential dwelling.

Plumbing permit holder

15(1) A permit issuer may issue a permit in the plumbing discipline to

the following:

(

a) a plumber;

(

b) an owner who resides in a single family residential dwelling

if the plumbing system serves the dwelling;

(

c) an owner of a farm building if the plumbing system serves

the farm building;

(

d) an owner or operator if the requirements of

section 23 are

met.

(2) Without limiting the generality of

section 44(2) of the Act, for the

purpose of achieving the level of safety intended by the Act and the

regulations, a permit issuer may limit the type and scope of the

undertaking for which a permit is issued under subsection (1)(

b) or (c).

Private Sewage Discipline

Private sewage disposal permit

16(1) A permit in the private sewage discipline is required for a

private sewage disposal system undertaking.

(2) Despite subsection (1), a permit is not required for the replacement

of any equipment of a private sewage disposal system with units of a

similar type if the replacement is made for the purpose of maintaining

the system and does not modify the design of the system.

Private sewage system permit holder

17(1) A permit issuer may issue a permit in the private sewage

discipline to the following:

(

a) a private sewage installer for any private sewage system;

(

b) a restricted private sewage installer for the installation of

holding tank;

(

c) an owner who resides in a single family residential dwelling

for any private sewage system if the private sewage disposal

system serves the dwelling;

(

d) an owner of a farm building for any private sewage system if

the private sewage disposal system serves the farm building.

(2) Without limiting the generality of

section 44(2) of the Act, for the

purpose of achieving the level of safety intended by the Act and the

regulations, a permit issuer may limit the type and scope of the

undertaking for which a permit is issued under subsection (1)(

c) or (d).

Utility Connections

Gas, electricity, water

18(1) A supply of gas or electricity shall not be provided to a gas or

electrical system unless

(

a) the permit issued in respect of that installation is presented to

the supplier,

(

b) the permit issuer notifies the supplier that the required permit

has been obtained, or

(

c) the permit issuer authorizes a temporary connection.

(2) Despite subsection (1), a permit or notification from a permit

issuer does not obligate a supplier of gas or electricity to supply gas or

electricity to an installation.

(3) A permit or notification from a permit issuer does not obligate a

supplier of water to supply water to a plumbing system.

Information System

Permit information

19 An Administrator or the Safety Codes Council may collect permit

information from a permit issuer for use in an information system and

may disclose the information in accordance with

section 63 of the Act.

Part 2

Permit Administration

Form of permit application

20 An application for a permit must be submitted in a form and in a

manner satisfactory to the permit issuer and the application must

(

a) state the use or proposed use of the premises,

(

b) clearly set forth the address or location at or in which the

undertaking will take place,

(

c) include the owner's name and mailing address,

(

d) include any further information as required to enable the

permit issuer to determine the permit fee,

(

e) describe the undertaking, including information, satisfactory

to the permit issuer, regarding the technical nature and extent

of the undertaking,

(

f) set out the name, complete address, telephone number and

evidence of credentials required of the permit applicant,

together with the written or electronic signature of the permit

applicant,

(

g) for a permit for the building discipline,

(

i) state the type of occupancy, and

(ii) set out the prevailing market value of the undertaking,

(

h) include a method of payment of fees acceptable to the permit

issuer, and

(

i) include any further information that the permit issuer

considers necessary, including the provision of

(

i) a site plan that shows the actual dimensions of the

parcel of land and the location of the proposed

undertaking in relation to the boundaries of the parcel of

land and other buildings on the same parcel of land,

(ii) copies of plans and specifications for the proposed

undertaking, and

(iii) documentation required to verify information provided

by the applicant.

Required permit issued - terms

21 A permit issued under this Regulation

(

a) must include a unique identifier that has been assigned by the

permit issuer to the undertaking,

(

b) must state the date on which the permit is issued,

(

c) must state the name of the owner and the person to whom the

permit has been issued,

(

d) must state where the undertaking is to take place,

(

e) must describe the undertaking or portion of the undertaking

governed by the permit, and

(

f) may contain any other information that the permit issuer

considers necessary.

22 A permit issuer may issue a permit for an undertaking, or part of

the undertaking, and may, without limiting the generality of

section

44(2) of the Act and subject to the applicable policies of the Minister

and of the accredited municipality or accredited regional services

consistent with the purpose and intent of the Regulation, including, but

not limited to,

(

a) requiring that permission be obtained from the permit issuer

before the occupancy or use of the construction, process or

activity under the permit,

(

b) setting the date on which the permit expires,

(

c) setting a condition that causes the permit to expire,

(

d) setting the period of time that the undertaking may be

occupied, used or operated,

(

e) setting out the scope of the undertaking being permitted,

(

f) setting the location or locations of the undertaking being

permitted,

(

g) setting the qualifications of the person responsible for the

undertaking,

(

h) requiring an identification number or label to be affixed to

the undertaking, and

(

i) requiring the approval of a safety codes officer before any

part of the building or system is covered or concealed.

Annual permit

23 A permit issuer may issue a permit in the electrical, gas or

plumbing discipline allowing the owner or operator of the premises to

perform minor repairs, alterations or additions on the premises under

the following conditions:

(

a) a person who holds a trade certificate in the appropriate trade

under the Apprenticeship and Industry Training Act carries

out the undertaking;

(

b) the permit does not entitle the owner or operator to effect

major alterations in or additions to the premises;

(

c) the owner or operator maintains on the premises an accurate

record of all repairs for the previous 2 years and makes the

record available to a safety codes officer on request;

(

d) the permit is limited to a one-year term, subject to renewal by

the permit issuer.

Responsibilities of the permit holder

24 On the issuance of a permit, the permit holder must

(

b) undertake the construction, process or activity in accordance

with the Act and applicable codes and standards,

(

c) notify the permit issuer

(

i) if the permit holder does not intend to complete the

undertaking, or

(ii) if there is a change in ownership from the owner as

stated on the permit application,

(

d) ensure that all plans and specifications required to apply for

the permit are available at the construction site at all

reasonable times for inspection by a safety codes officer, and

(

e) ensure that a permit for the building discipline is posted, or

otherwise identified, at the construction site.

Term of a permit

25(1) In the absence of a different term set under

section 22, a permit

expires if the undertaking to which it applies

(

a) is not commenced within 90 days from the date of issue of

the permit,

(

b) is suspended or abandoned for a period of 120 days, or

(

c) is in respect of a seasonal use residence and the undertaking

is suspended or abandoned for a period of 240 days after the

undertaking is started.

(2) Despite subsection (1), when the term of a permit has not expired,

a permit issuer may, in writing, and on the request of the permit holder,

extend the permit for an additional fixed period of time that the permit

issuer considers appropriate.

Refusal to issue, suspension or cancellation

26 Without restricting the generality of

section 46 of the Act, a

permit issuer may refuse to issue a permit and, without restricting the

generality of

section 44 of the Act, a safety codes officer may suspend

or cancel a permit that has been issued if

(

a) in the case of an addition or alteration, the existing

undertaking is unsafe or will reduce the level of safety of the

undertaking governed by the permit to below that which is

intended by the Act and regulations, codes, standards or body

of rules declared to be in force pursuant to the Act,

(

b) incorrect or insufficient information is submitted with respect

to the permit or the undertaking to be governed by the permit,

(

c) in the opinion of the permit issuer, the undertaking for which

the permit would be or has been issued would or does

contravene the Act or another enactment,

(

d) the permit fee has not been paid,

(

e) there is a contravention of any condition under which the

permit was issued, or

(

f) the permit was issued in error.

Deviation from permit conditions

27 No person shall deviate or authorize a deviation from a permit or

terms or conditions of a permit without first obtaining the written

permission of the permit issuer.

Permit transfer, termination

28(1) If a holder of a permit relinquishes the holder's interest or

participation in the undertaking governed by the permit before the

undertaking is completed, the permit or any label or identification

number issued as part of a permit

(

a) is terminated, and

(

b) applies only to the part of the undertaking completed before

the termination unless the permit issuer authorizes the permit

or label or identification number to be transferred.

(2) A permit is not transferable to any other person unless the transfer

is authorized in writing by the permit issuer.

Part 3

Expiry and Coming into Force

Expiry

29 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 January 31, 2015.

Coming into force

30 This Regulation comes into force on April 1, 2008.

Alberta Regulation 205/2007

Government Organization Act

AUTHORIZED ACCREDITED AGENCIES AMENDMENT REGULATION

Filed: October 3, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 442/2007)

on October 3, 2007 pursuant to

Schedule 10,

section 2 of the Government

Organization Act.

1 The Authorized Accredited Agencies Regulation

(AR 184/95) is amended by this Regulation.

Section 1(

b) is repealed.

Section 2 is amended

(

a) in subsection (1)

(

i) by striking out "The powers," and substituting

"Subject to subsection (3), the powers,";

(ii) by striking out "safety codes officer" and

substituting "permit issuer";

(iii) by striking out "Part 2 of" wherever it occurs;

(

b) in subsection (2)

(

i) by striking out "An Authorized" and substituting

"Subject to subsection (3), an Authorized";

(ii) by striking out "an agency-permit" and

substituting "a permit";

(

c) by adding the following after subsection (2):

(3) Subsections (1) and (2) do not apply with respect to the

things, processes or activities for which

(

a) a municipality is accredited, within the boundaries of

the municipality, to perform the powers, duties and

functions of a permit issuer under the Permit Regulation

under the Act, and the powers, duties and functions of a

safety codes officer under sections 34, 35, 37, 38, 43,

44, 46 and 49 of the Act with respect to the Permit

Regulation under the Act;

(

b) a regional services commission is accredited, within the

boundaries of its members, to perform the powers,

duties and functions of a permit issuer under the Permit

Regulation under the Act, and the powers, duties and

functions of a safety codes officer under sections 34, 35,

37, 38, 43, 44, 46 and 49 of the Act with respect to the

Permit Regulation under the Act;

(

c) a corporation is accredited, with respect to what is

owned by or under its care and control, to perform the

powers, duties and functions of a permit issuer under

the Permit Regulation under the Act, and the powers,

duties and functions of a safety codes officer under

sections 34, 35, 37, 38, 43, 44, 46 and 49 of the Act

with respect to the Permit Regulation under the Act.

4 This Regulation comes into force on April 1, 2008.

--------------------------------

Alberta Regulation 206/2007

Safety Codes Act

CERTIFICATION AND PERMIT AMENDMENT REGULATION

Filed: October 3, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 443/2007)

on October 3, 2007 pursuant to

section 65 of the Safety Codes Act.

1 The Certification and Permit Regulation (AR 168/2002) is

amended by this Regulation.

2 Parts 1 and 2 are repealed.

Section 54 is amended by striking out "2007" and

substituting "2009".

Section 2 comes into force on April 1, 2008.

Alberta Regulation 207/2007

Farm Implement Act

FARM IMPLEMENT AMENDMENT REGULATION

Filed: October 3, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 445/2007)

on October 3, 2007 pursuant to

section 30 of the Farm Implement Act.

1 The Farm Implement Regulation (AR 204/83) is amended

by this Regulation.

2 The following is added before

section 1:

0.1 In this Regulation,

(a) "administrator" means an administrator designated under

section 2.1;

(b) "financial institution" means any one or more of the

following institutions:

(

i) a bank within the meaning of the Bank Act (Canada);

(ii) a body corporate within the meaning of the Trust and

Loan Companies Act (Canada);

(iii) a body corporate within the meaning of the Loan and

Trust Corporations Act;

(iv) an association within the meaning of the Cooperative

Credit Associations Act (Canada);

(

v) a cooperative within the meaning of the Cooperatives

Act;

(vi) a body corporate within the meaning of the Credit

Union Act;

(vii) a body corporate within the meaning of the Insurance

Companies Act (Canada);

(viii) a body corporate within the meaning of the Insurance

Act;

(ix) Alberta Treasury Branches;

(

x) the Agriculture Financial Services Corporation under

the Agriculture Financial Services Act;

(xi) Farm Credit Canada continued under the Farm Credit

Canada Act (Canada).

Section 2.1 is amended by striking out "Inspectors" and

substituting "Administrators and inspectors".

Section 3 is amended

(

a) in subsection (1)

(

i) by striking out "the inspector" and substituting

"an administrator or an inspector";

(ii) in clause (

b) by adding ", administrator" after

"Minister";

(

b) in subsection (2) by adding ", administrator" after

"Minister".

Section 8.3 is amended by repealing clauses (

c) and (

d) and substituting the following:

(

c) one person appointed by the Association of Equipment

Manufacturers Canada or its successor organization;

(

d) one person appointed by the Agricultural Manufacturers of

Canada or its successor organization;

Section 8.6(a)(ii) is amended by striking out "60 days" and

substituting "120 days".

Section 10 is amended by striking out "March 31, 2008"

and substituting "March 31, 2015".

Schedule 1 is amended by striking out "section 25"

wherever it occurs and substituting "section 26".

Alberta Regulation 208/2007

Mental Health Act

MENTAL HEALTH AMENDMENT REGULATION

Filed: October 3, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 446/2007)

on October 3, 2007 pursuant to

section 53 of the Mental Health Act.

1 The Mental Health Regulation (AR 19/2004) is amended

by this Regulation.

Section 1(1)(

i) is repealed and the following is

substituted:

(

i) Chinook Regional Hospital;

--------------------------------

Alberta Regulation 209/2007

Court of Queen's Bench Act

Dependent Adults Act

SURROGATE RULES AMENDMENT REGULATION

Filed: October 3, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 452/2007)

on October 3, 2007 pursuant to

section 20 of the Court of Queen's Bench Act and

section 89 of the Dependent Adults Act.

1 The Surrogate Rules (AR 130/95) are amended by this

Regulation.

2 Rule 94 is amended by adding the following after subrule

(3):

(4) A declaration of presumption of death made by the court must

contain particulars of the following information to the extent that

those particulars have been established to the satisfaction of the

court:

(

a) the full name of the person presumed dead, including the

person's maiden or married name, where applicable;

(

b) the sex of the person presumed dead;

(

c) the place where the death is presumed to have occurred;

(

d) the date on which the death is presumed to have occurred.

Schedule 3 is amended

(

a) by repealing Form NC 3 and substituting the

following:

NC 3

ESTATE NAME

DOCUMENT

Schedule 1: Deceased

Name

And any other name(

s) by

which known

Last residence address in full

Date of birth

Place of birth

Date of death

Place of death

Habitual province/state of

residence

The deceased died

Testate:

Intestate:

After a thorough search of all

likely places, no testamentary

paper of the deceased has

been found.

IMMEDIATE FAMILY

Complete information or state none in each category.

? SPOUSE

Name (or state none, if applicable):

Complete address:

? ADULT INTERDEPENDENT PARTNER

Name (or state none, if applicable):

Complete address:

? the adult interdependent partner lived with the deceased in

a relationship of interdependence

? for a continuous period of not less than 3 years

commencing and ending

? of some permanence of which there is a child

? born

date

? adopted

date

? the adult interdependent partner entered into an adult

interdependent partner agreement with the deceased which

agreement is dated .

The adult interdependent partner

? is

? is not

related to the deceased by blood or adoption.

? CHILDREN

Except as otherwise provided, all of the deceased's children are

over 18 years of age at the time of the deceased's death, and none

is unable by reason of mental or physical disability to earn a

livelihood.

Name (or state none, if applicable):

Complete address:

Age: Date of birth:

Date of death:

Died leaving children:

? FORMER SPOUSES (Who require notice under the Matrimonial

Property Act)

Name (or state none, if applicable):

Complete address:

Date of death:

Date of divorce:

(

b) by repealing Form NC 6 and substituting the

following:

NC 6

ESTATE NAME

DOCUMENT

Schedule 4: Beneficiaries

Name:

Relationship:

Complete address:

Age:

Nature of gift:

Para. no. will:

Section no. (intestacy):

Except as otherwise provided, all beneficiaries are mentally capable.

The following gifts are void because the beneficiary is a witness or the

spouse or adult interdependent partner of a witness to the will:

(

c) by repealing Form NC 24.1 and substituting the

following:

NC 24.1

ESTATE NAME (deceased's name)

DOCUMENT Notice to the Public Trustee

This gives you notice that the personal representative shown in the

attached copy of an Application for a grant of has applied for

this grant.

Notice is given to you

1 under

section 6 of the Administration of Estates Act (beneficiaries

interested in the estate)

? a minor at the date of death of the deceased

Name:

Date of Birth:

Address:

? a person who has been declared to be a missing person by

an Order of the Court

Name:

Address:

? a dependent adult for whose estate you are trustee

Name:

Address:

2 under

section 7 of the Administration of Estates Act (dependants)

? the deceased was survived by a minor child of the deceased

Name:

Date of Birth:

Address:

? the deceased was survived by a dependent adult child for

whose estate you are trustee

Name:

Address:

Personal Representative Date

Name: Office of the Public Trustee

To the Court of Queen's Bench of Alberta and the personal representative

The Public Trustee

? does not intend to be represented on this application

? intends to be represented on this application

The Public Trustee confirms the following:

? Any property to which a minor child is entitled from the estate

must be delivered to the Public Trustee.

? Clause of the will appoints as trustee

of money or property to which the minor(

s) is

(are) entitled under the will. The will does not appoint the Public

Trustee to monitor on behalf of the minor(s). Accordingly, the

Public Trustee will not monitor the trustee on behalf of the

minor(

s) unless the Court directs the Public Trustee to monitor

pursuant to

section 22 of the Public Trustee Act.

? Clause of the will appoints as trustee

of money or property to which the minor(

s) is (are)

entitled under the will and clause appoints the Public

Trustee to monitor on behalf of the minor(s). Accordingly, the

Public Trustee will monitor the trustee on behalf of the minor(s).

? The Public Trustee reserves the right to apply under the provisions

of the Dependants Relief Act on behalf of .

Public Trustee of Alberta Date

The Court of Queen's Bench requires submissions to be made as to

whether the Public Trustee should monitor the trust for the benefit of

minor beneficiaries. Either the applicant or the Public Trustee, on notice to

the other, must arrange for the Court to hear the submissions.

Justice of the Court of Queen's Bench Date

(

d) by repealing Form NC 24.2;

(

e) by repealing Form NC 26 and substituting the

following:

NC 26

COURT FILE NUMBER

COURT Court of Queen's Bench of

Alberta (Surrogate Matter)

JUDICIAL DISTRICT

ESTATE NAME

PROCEDURE Application for a grant of

REPORT OF CLERK TO JUSTICE

1. I have examined the Application and supporting material on this file

and report that, to the best of my knowledge, it appears to comply

with the Rules and Practices except for the following, which I

respectfully draw to your attention:

Surrogate Clerk Date

JUSTICE'S DIRECTION

2. Justice's Comments: (If Fiat not signed)

? Return for corrections as noted above

? The application for a grant is returned because:

The applicant(

s) can re-apply on an informal basis once they have satisfied

the Court about these matters.

Justice of the Court of Queen's Bench Date

of Alberta

(

f) by repealing Forms NC 34.1 and 35 and substituting

the following:

NC 34.1

COURT FILE NUMBER

COURT Court of Queen's Bench of

Alberta (Surrogate Matter)

JUDICIAL DISTRICT

ESTATE NAME

DOCUMENT Statutory Declaration of

Publication

EXHIBIT ATTACHED Advertisement

THE DECLARANT SOLEMNLY DECLARES THAT THE

INFORMATION IN THIS STATUTORY DECLARATION IS WITHIN

THE DECLARANT'S KNOWLEDGE AND IS TRUE. WHERE THE

INFORMATION IS BASED ON ADVICE OR INFORMATION AND

BELIEF, THIS IS STATED.

1. The declarant's name and complete address is .

2. The declarant states that, on examination of the (newspaper name),

a newspaper published in , Alberta, true copies of the

attached advertisement, marked as Exhibit A, appeared in the

following issues of the newspaper:

2.1 (date of issue)

2.2 (date of issue)

DECLARED BEFORE A COMMISSIONER FOR OATHS AT ,

ALBERTA, ON .

Declarant Commissioner's Name:

Appointment Expiry Date:

NC 35

ESTATE NAME

DATE OF DEATH

DOCUMENT Statutory declaration by

creditors and claimants

THE DECLARANT SOLEMNLY DECLARES THAT THE

INFORMATION IN THIS STATUTORY DECLARATION IS WITHIN

THE DECLARANT'S KNOWLEDGE AND IS TRUE. WHERE THE

INFORMATION IS BASED ON ADVICE OR INFORMATION AND

BELIEF, THIS IS STATED.

Declarant

1. The declarant's name and complete address is .

2. The declarant makes this claim as a .

Amount of Claim

3. The amount claimed against the estate is $ .

Details of Claim

4. This claim is based on .

Security for Debt (Creditors only)

5. The declarant holds the following security for this debt .

6. The security is owned by .

7. The declarant values the security at $ .

8. The deceased is liable for this claim.

DECLARED BEFORE A COMMISSIONER FOR OATHS AT ,

ALBERTA, ON .

Declarant Commissioner's Name:

Appointment Expiry Date:

(

g) by repealing Form C 1 and substituting the

following:

C 1

COURT FILE NUMBER

COURT Court of Queen's Bench of

Alberta (Surrogate Matter)

JUDICIAL DISTRICT

ESTATE NAME

PROCEDURE Application

DOCUMENT Notice of motion

PARTIES

APPLICANT(

S) RESPONDENT(

S) PERSONAL REPRESENTATIVE(

S) BENEFICIARIES (RESIDUARY)

LIFE TENANTS

BENEFICIARIES (NON RESIDUARY)

BENEFICIARIES (INTESTACY)

TRUSTEES FOR DEPENDENT

ADULTS

ATTORNEYS FOR INCOMPETENT

ADULTS

MINORS

MISSING PERSONS

UNPAID CLAIMANTS

BONDING COMPANIES

COMPLETE ADDRESS FOR

SERVICE ON THE

APPLICANT(

S) OF ANY

DOCUMENTS IN THIS ACTION

THIS APPLICATION WILL BE HEARD BY A JUSTICE OF THE

COURT OF QUEEN'S BENCH OF ALBERTA, JUDICIAL

DISTRICT OF ______________

ON __________

PLACE __________

TIME __________

NOTICE TO THE RESPONDENT(S) __________

This is to notify you that if you do not attend either in person or by your

lawyer before the court at the time and place shown above, the court

may give the applicant(

s) what they want in your absence. You will be

bound by any order the court makes.

Alternatively, another order might be given or other proceedings taken

which the applicant(

s) are entitled to without any further notice of them

to you.

Therefore, if you want to take

part in this application, you or your

lawyer must attend in court on the date and time described.

Applicant(s)

1. The applicant(

s) are

Issues to be determined or nature of claims

Grounds for request and relief sought

Documents filed with this application

4. 4.1 C 2 Affidavit of the applicant(s)

4.2

Applicable Surrogate Rules

5. Surrogate Rules

Applicable statutes

Applicant Date

Name:

Complete address:

Lawyers for Applicant(

s) Responsible lawyer:

Firm name:

Complete address:

Phone:

Fax:

File no.:

(

h) by repealing Form C 3.1 and substituting the

following:

C 3.1

COURT FILE NUMBER

COURT Court of Queen's Bench of

Alberta (Surrogate Matter)

JUDICIAL DISTRICT

ESTATE NAME

Withdrawal of Caveat

Caveator(s)

1. The caveator(

s) name(

s) and address(es) and occupation(

s) are .

2. The caveator(

s) acknowledge that they have no further interest

under the caveat dated .

3. The caveator(

s) withdraw the caveat.

CAVEAT SIGNED BY

Caveator Witness

(attach affidavit of execution)

Lawyers for Caveator(

s) Responsible lawyer:

Firm name:

Complete address:

Phone:

Fax:

File no.:

ENTERED AT _________, ALBERTA, ON .

______________________

CLERK OF THE COURT

(

i) by adding the following after Form C 3.1:

C 3.2

COURT FILE NUMBER

COURT Court of Queen's Bench of

Alberta (Surrogate Matter)

JUDICIAL DISTRICT

ESTATE NAME

Discharge of Caveat

Caveator(s)

1. The caveator(

s) name(

s) and address(es) and occupation(

s) are .

2. The caveat is discharged.

3. The reason(

s) for the discharge is: .

JUSTICE OF THE COURT OF QUEEN'S BENCH OF ALBERTA

ENTERED AT _________, ALBERTA, ON .

______________________

CLERK OF THE COURT

Alberta Regulation 210/2007

Regulations Act

MISCELLANEOUS CORRECTIONS REGULATION

Filed: October 3, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 453/2007)

on October 3, 2007 pursuant to

section 10 of the Regulations Act.

1 The Specified Gas Emitters Regulation (AR 139/2007) is

amended by repealing

section 20(1)(b)(ii) and substituting

the following:

(ii) is not subject to an emissions intensity limit under

section 3,

2 The Regulations Act Regulation (AR 288/99) is amended

by repealing

section 17(1)(n).

3 The Surface Rights Act Rules of Procedure and Practice

(AR 190/2001) are repealed.

4 The Surface Rights Act General Regulation

(AR 189/2001) is repealed.

--------------------------------

Alberta Regulation 211/2007

Marketing of Agricultural Products Act

ALBERTA MILK PLAN MINIMUM PRICE FOR

SUB-CLASS 1A MILK ORDER

Filed: October 9, 2007

For information only: Made by the Alberta Energy and Utilities Board on October 9,

2007 pursuant to

section 5(4) of the Alberta Milk Plan Regulation (AR 150/2002).

Minimum price for sub-class 1a milk

1 The minimum price for sub-class 1a milk to be paid by processors

for a hectolitre of sub-class 1a milk is $78.91.

Repeal

2 The Alberta Milk Plan Minimum Price for Sub-class 1a Milk Order

(AR 143/2007) is repealed.

Coming into force

3 This Order comes into force on November 1, 2007.

--------------------------------

Alberta Regulation 212/2007

Municipal Government Act

SHIRLEY MCCLELLAN REGIONAL WATER SERVICES

COMMISSION REGULATION

Filed: October 10, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 455/2007)

on October 10, 2007 pursuant to

section 602.02 of the Municipal Government Act.

Table of Contents

1 Establishment

2 Members

3 Water supply system

4 Operating deficits

5 Sale of property

6 Profit and surpluses

7 Approval

Establishment

1 A regional services commission known as the Shirley McClellan

Regional Water Services Commission is established.

Members

2 The following municipal authorities are members of the

Commission:

(

a) Camrose County;

(

b) Lacombe County;

(

c) County of Paintearth No. 18;

(

d) The County of Stettler No. 6;

(

e) Town of Castor;

(

f) Town of Coronation;

(

g) Village of Bawlf;

(

h) Village of Big Valley;

(

i) Village of Consort;

(

j) Village of Donalda;

(

k) Village of Halkirk;

(

l) Village of Rosalind;

(

m) Village of Veteran;

(

n) Summer Village of Rochon Sands;

(

o) Summer Village of White Sands;

(

p) Special Area No. 2;

(

q) Special Area No. 3;

(

r) Special Area No. 4.

Water supply system

3 The Commission is authorized to provide and operate a water

supply system.

Operating deficits

4 The Commission may not assume operating deficits that are shown

on the books of any of the member municipalities.

Sale of property

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

sell any of its land, buildings, equipment or inventory whose purchase

has been funded wholly or partly by grants from the Government of

Alberta.

(2) The Minister may not approve a sale under subsection (1) unless

the Minister is satisfied

(

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

Alberta and outstanding debt associated with that portion of

the land, buildings, equipment or inventory to be sold,

(

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

the services the Commission provides, and

(

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

subsequently charged to the customers of the Commission.

Profit and surpluses

6 Unless otherwise approved by the Minister, the Commission may

not

(

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

(

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

Approval

7 The Minister may make an approval under

section 5 or 6 subject to

any terms or conditions the Minister considers appropriate.

Document details

CollectionAlberta — Gazette
Citation31 October 2007
Typegazette
Volume / chapter20 Oct31 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifier872f5831eef025cfd4bcb23dd30b40c4fa16ab12

Source file is stored in the law ingest library (html).