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.