Alberta Gazette — 15 May (ii)
0515 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, MAY 15, 1997
Alberta Regulation 76/97
Regulations Act
MISCELLANEOUS REPEAL REGULATION (NO. 1)
Filed: April 16, 1997
Made by the Lieutenant Governor in Council (O.C. 149/97) pursuant to
section 10(1) of the Regulations Act.
1 The following regulations are repealed:
(
a) Regulations Guaranteeing the Land Development Loan of Stanley
Kjelland (AR 349/71);
(
b) Department of Agriculture Services Regulations (AR 324/77);
(
c) Designated Drive-in Theatre Regulation (AR 280/80);
(
d) Regulations Under the Amusements Act (AR 369/67);
(
e) Alberta Dairy Development Loan Guarantee Regulation (AR
109/72);
(
f) Bow River Irrigation District Land Purchases Assistance Grant
Regulation (AR 299/79);
(
g) Allowance Regulations (AR 324/74);
(
h) Order Reopening a Closed Highway (AR 321/77);
(
i) Homestead Lease Loan Regulation (AR 232/66);
(
j) Sale of Crown Shares Regulation (AR 386/91);
(
k) Olympic Commemorative Licence Plate Regulation (AR 16/87);
(
l) Forms Regulation (AR 466/81);
(
m) Buffalo Lake Metis Settlement Election Regulation (AR 175/91);
(
n) Standards and Regulations Ministerial Order (AR 188/67);
(
o) By-laws of the Alberta Association of Social Workers (AR
373/80);
(
p) ARs 268/67, 269/67, 300/67, 312/67, 314/67, 315/67, 316/67,
317/67, 339/67, 340/67, 341/67, 342/67, 343/67;
(
q) Fees to be Paid to Board Members (AR 212/70);
(
r) Authorization Regulation (AR 341/84);
(
s) Rescission of Designation of Projectionist Trade Regulation (AR
247/94);
(
t) Hospital Foundations Regulation (AR 320/84);
(
u) Mental Health Hospitals Financial Matters Regulation (AR
403/94);
(
v) Producing Area Order Duhamel Producing Area (AR 99/66)
(
w) Carbon Dioxide Royalty Waiver Regulation (AR 342/83);
(
x) Crown Petroleum Production (March, 1981) Regulation (AR 89/91);
(
y) Crown Petroleum Production (April, 1981) Regulation (AR
133/81);
(
z) Crown Petroleum Production (May, 1981) Regulation (AR 164/81);
(aa) Crown Petroleum Production (June, 1981) Regulation (AR 194/81);
(bb) Crown Petroleum Production (July, 1981) Regulation (AR 233/81);
(cc) Crown Petroleum Production (August, 1981) Regulation (AR
262/81);
(dd) Crude Oil Par Price and Royalty Factor Regulation (No. 1) (AR
156/85);
(ee) Crude Oil Par Price and Royalty Factor Regulation (No. 2) (AR
191/85);
(ff) Crude Oil Par Price and Royalty Factor Regulation (No. 3) (AR
255/85);
(gg) Crude Oil Par Price, Select Price and Royalty Factor
Regulation, 1979 (AR 267/79);
(hh) AR 400/78;
(ii) Pentanes Plus Royalty Factor Regulation (No. 1) (AR 155/85);
(jj) Pentanes Plus Royalty Factor Regulation (No. 2) (AR 190/85);
(kk) Pentanes Plus Select Price and Royalty Factor Regulation (AR
184/82);
(ll) Period Extension Regulation (AR 250/87);
(mm) Period Extension Regulation (AR 16/88);
(nn) Natural Gas Pricing Order (AR 320/80);
(oo) Natural Gas Pricing Order (AR 175/81);
(pp) Natural Gas Pricing Order (AR 366/81);
(qq) Price Adjustment Order 81-06 (AR 297/81);
(rr) Price Adjustment Order 81-05 (AR 236/81);
(ss) Price Adjustment Order 81-07 (AR 321/81);
(tt) Price Adjustment Order 81-08 (AR 367/81);
(uu) Price Adjustment Order 81-09 (AR 384/81);
(vv) Price Adjustment Order 81-10 (AR 424/81);
(ww) the following Levy Orders under the Take-or-pay Costs Sharing
Act: ARs
441/86
21/87
129/87
130/87
151/87
231/87
285/87
317/87
357/87
394/87
436/87
467/87
526/87
18/88
52/88
92/88
119/88
145/88
179/88
203/88
233/88
268/88
332/88
346/88
402/88
24/89
52/89
76/89
107/89
129/89
154/89
188/89
200/89
229/89
252/89
284/89
339/89
16/90
40/90
77/90
117/90
140/90
163/90
207/90
282/90
307/90
325/90
352/90
397/90
23/91
58/91
100/91
172/91
204/91
240/91
269/91
297/91
325/91
355/91
384/91
437/91
58/92
89/92
136/92
150/92
185/92
232/92
256/92
272/92
299/92
323/92
363/92
410/92
39/93
60/93
86/93
143/93
164/93
172/93
203/93
228/93
263/93
303/93
333/93
392/93
47/94
74/94
113/94
157/94
183/94
222/94
248/94
267/94
304/94
325/94
352/94
232/88
316/88
239/89
303/90
275/91
235/92
367/86
403/87
442/86
20/87
54/87
131/87
150/87
230/87
286/87
318/87
358/87
395/87
437/87
468/87
527/87
17/88
53/88
93/88
120/88
144/88
180/88
204/88
234/88
269/88
333/88
345/88
403/88
25/89
53/89
77/89
108/89
128/89
155/89
187/89
201/89
230/89
253/89
285/89
340/89
15/90
39/90
78/90
116/90
141/90
164/90
208/90
283/90
308/90
326/90
353/90
398/90
24/91
59/91
101/91
173/91
205/91
241/91
268/91
298/91
326/91
356/91
385/91
438/91
59/92
90/92
137/92
149/92
186/92
233/92
255/92
271/92
300/92
324/92
362/92
409/92
38/93
59/93
87/93
144/93
165/93
171/93
202/93
227/93
262/93
304/93
334/93
393/93
48/94
75/94
114/94
158/94
184/94
223/94
249/94
268/94
303/94
326/94
353/94
(xx) the following orders under the Natural Gas Pricing Agreement
Act: ARs
1/85
2/85
17/85
43/85
65/85
104/85
136/85
177/85
360/85
405/85
23/86
52/86
100/86
151/86
192/86
11/85
12/85
13/85
18/85
94/85
95/85
223/85
166/85
224/85
227/85
285/85
301/85
341/85
369/85
408/85
39/86
71/86
125/86
165/86
204/86
252/86
269/86
291/86
326/86
350/86
374/86
(yy) Ministerial Order Designating Fire Seasons (AR 588/65);
(zz) Designation of Ghost River Wilderness Area (AR 182/67);
(aaa) Regulation Respecting the Anderson Family Cemetery (AR 247/73);
(bbb) Regulation Respecting the Cemetery for Hobart A. Dowler and
Sarah A. Dowler (AR 332/81);
(ccc) Forms Regulation (AR 461/81);
(ddd) Chattel Securities Registries Regulation (AR 133/84);
(eee) Forms Regulation (AR 465/81);
(fff) Exemption Regulation (AR 342/85);
(ggg) Grants to Non-Profit Organizations Regulation (AR 154/86);
(hhh) Extension of Time Regulation (AR 127/92);
(iii) Alberta Property Tax Reduction Regulation, 1980 (AR 179/80);
(jjj) City of Medicine Hat Share Purchase Approval Regulation (AR
373/90);
(kkk) City of Medicine Hat Natural Gas Reserves Acquisition
Regulation (AR 34/91);
(lll) AR 412/81;
(mmm) AR 314/74;
(nnn) AR 245/77;
(ooo) AR 141/60;
(ppp) General Assessment Order for the Fiscal Year 1990-91 (AR
314/90);
(qqq) General Assessment Order for the Fiscal Year 1991-92 (AR
99/91);
(rrr) AR 174/76;
(sss) Trust Companies Regulation (AR 90/85);
(ttt) Special Trust Fund Regulation (AR 366/84);
(uuu) Department of Agriculture Service Regulations (AR 324/77);
(vvv) Alberta Small Grain Dealers Guarantee Program Regulation (AR
33/86);
(www) Alberta Egg and Fowl Marketing Board Loan Guarantee Regulation
(AR 121/73);
(xxx) Alberta Export Agency Guarantee Regulations, 1973 (AR 303/73);
(yyy) NARP
(1987) Inc. Guarantee Regulation (AR 372/87);
(zzz) Fuel Oil Licensing Regulation (AR 234/78);
(aaaa) Standard Specifications for Fuel Oil Regulations (AR
248/71);
(bbbb) Alberta Cattle Commission Producer Plebiscite Regulation
(AR 65/94);
(cccc) Alberta Cattle Commission Producer Plebiscite Financing
Regulation (AR. 77/94);
(dddd) Alberta Pork Producers Development Corporation Producer
Plebiscite Regulation (AR 154/95);
(eeee) Alberta Pork Producers Development Corporation Plan
Plebiscite Regulation (AR 55/96);
(ffff) Fee Regulation (AR 459/81);
(gggg) Royalty Tax Credit Regulation (AR 38/91);
(hhhh) Royalty Tax Credit Forms Regulation (AR 169/79);
(iiii) Plebiscite Requirements for the Alberta Beekeepers
Commission Plan, 1975 (AR 142/76);
(jjjj) Alberta Sugar Beet Growers' Marketing Plan Plebiscite
Regulation (AR 263/88);
(kkkk) Alberta Turkey Growers' Marketing Plan Plebiscite
Regulation (AR 264/88);
(llll) Alberta Egg Producers' Plan Plebiscite Regulation (AR
168/91);
(mmmm) Potato Marketing Plan Plebiscite Regulation (AR 124/92);
(nnnn) Alberta Vegetable Growers' Marketing Plan Plebiscite
Regulation (AR 327/92);
(oooo) Alberta Chicken Producers' Plan Plebiscite Regulation (AR
406/92);
(pppp) The Canadian Co-operative Implements Limited Loan
Guarantee Regulation (AR 312/78);
(qqqq) 75th Anniversary Celebration Grants Regulation (AR
20/80);
(rrrr) AR 355/66;
(ssss) AR 238/67;
(tttt) Hays Seed - Control Area Regulation (AR 74/57);
(uuuu) AR 100/65;
(vvvv) Alberta Potato Loan Guarantee Regulations (AR 145/72);
(wwww) Regulations Governing the Alberta Fresh Vegetable
Commission Loan Guarantee (AR 56/72);
(xxxx) The Alberta Marketing Boards Loan Guarantee Regulations
(AR 169/72);
(yyyy) Alberta Small Grain Dealers Guarantee Program Regulation
(AR 33/86);
(zzzz) Regulations Governing the Vegetable Co-operative Loan
Guarantee (AR 200/72);
(aaaaa) Regulations to Provide for Government Guarantees of Loans
for Drying Wet Grain Grown in 1968 (AR 89/69);
(bbbbb) Forms Regulation (AR 477/81);
(ccccc) Alberta Agricultural Research Trust By-laws (AR 170/75);
(ddddd) Carlo Antonio Costanzo Exemption Regulation;
(eeeee) Royalty Tax Rebate Forms Regulation (AR 167/79).
------------------------------
Alberta Regulation 77/97
Mines and Minerals Act
PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY)
AMENDMENT REGULATION
Filed: April 18, 1997
Made by the Branch Head, Gas Royalty and Mineral Tax (M.O. 8/97) pursuant
section 6 of the Natural Gas Royalty Regulation, 1994 (Alta. Reg.
351/93).
1 The Prescribed Amounts (Natural Gas Royalty) Regulation (AR 36/95) is
amended by this Regulation.
Section 4 is amended by adding the following after subsection (26):
(27) The following prices are prescribed for the February
1997 production month:
Item Price
Gas Reference Price $2.28 per gigajoule
Gas Par Price $2.77 per gigajoule
Pentanes Reference Price $188.69 per cubic metre
Pentanes Par Price $207.02 per cubic metre
Propane Reference Price $128.59 per cubic metre
Butanes Reference Price $140.75 per cubic metre
Section 5 is amended by adding the following after subsection (26):
(27) The following allowances per cubic metre are prescribed for
the February 1997 production month:
Item Price
Fractionation Allowance $7.00
Transportation Allowance Region Region Region Region
1 2 3 4
(
a) pentanes plus described in s6(7)(b)(
i) of the Natural Gas
Royalty Regulation, 1994 (AR 351/93)
$4.21 $8.02 $9.60 $7.16
(
b) propane and butanes described in s6(7)(b)(ii) of the Natural
Gas Royalty Regulation, 1994 (AR 351/93)
$6.65 $8.39 $5.62 $4.91
(
c) pentanes plus, propane and butanes described in s6(7)(b)(iii)
of the Natural Gas Royalty Regulation, 1994 (AR 351/93)
$6.75 $7.67 $13.17 $12.24
Storage Allowance for pentanes plus, propane and butanes
$ 0.00
------------------------------
Alberta Regulation 78/97
Financial Administration Act
EXEMPTION AMENDMENT REGULATION
Filed: April 24, 1997
Made by the Lieutenant Governor in Council (O.C. 155/97) pursuant to
section 2 of the Financial Administration Act.
1 The Exemption Regulation (AR 269/94) is amended by this Regulation.
Schedule B is amended by adding the following before "The Government
House Foundation":
Foundations established under the Health Foundations Act.
Alberta Regulation 79/97
Social Development Act
SOCIAL ALLOWANCE AMENDMENT REGULATION
Filed: April 24, 1997
Made by the Lieutenant Governor in Council (O.C. 161/97) pursuant to
section 30 of the Social Development Act.
1 The Social Allowance Regulation (AR 213/93) is amended by this
Regulation.
Section 26.1(1)(
a) is amended by striking out "$10.00 a day" and
substituting "$15.00 a day".
3 This Regulation comes into force on the date on which it is filed but
is effective in respect of treatment provided on and after April 1, 1997.
------------------------------
Alberta Regulation 80/97
Motor Vehicle Accident Claims Act
GENERAL AMENDMENT REGULATION
Filed: April 30, 1997
Made by the Lieutenant Governor in Council (O.C. 171/97) pursuant to
section 31 of the Motor Vehicle Accident Claims Act.
1 The General Regulations (AR 227/77) are amended by this Regulation.
Section 1 is repealed and the following is substituted:
1 In these Regulations,
(a) "Act" means the Motor Vehicle Accident Claims Act;
(b) "Fund" means the General Revenue Fund.
Section 4(3)(
b) is amended by striking out "Writ of Execution" and
substituting "writ of enforcement".
4 Sections 6 and 7 are repealed and the following is substituted:
8 The amount that is prescribed for the purposes of
section 11(2)
and (4) of the Act in respect of an accident that occurs on or after June
1, 1997 is $200 000 excluding costs.
5 The
Schedule is amended
(
a) by repealing
section 3;
(
b) in
section 5 by striking out "section 5, 6, 7 or 9" and
substituting "section 6, 7 or 9".
6 This Regulation comes into force on June 1, 1997.
------------------------------
Alberta Regulation 81/97
Regulations Act
REGULATIONS ACT AMENDMENT REGULATION
Filed: April 30, 1997
Made by the Lieutenant Governor in Council (O.C. 172/97) pursuant to
section 8(1)(
e) of the Regulations Act.
1 The Regulations Act Regulation (AR 282/89) is amended by this
Regulation.
Section 20 is amended
(
a) by renumbering it as
section 20(1);
(
b) in subsection (1)(
f) by striking out "73" and substituting
"74";
(
c) by adding the following after subsection (1)(o):
(
p) all orders made by the Lieutenant Governor in
Council under
section 7 of the Provincial Parks Act;
(
q) all regulations made by the Lieutenant Governor in
Council under
section 3.1 or 12.1 of the Wilderness Areas, Ecological
Reserves and Natural Areas Act;
(
r) all orders of the Minister under
section 3(1), 7,
14(1) or 28(1) of the Public Highways Development Act;
(
s) all orders of the Lieutenant Governor in Council
under
section 25(1) of the Public Works Act;
(
t) all orders of a Minister prescribing a maximum
speed under the Highway Traffic Act;
(
u) all orders of the Minister under
section 6 of the
Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93);
(
v) all orders of the Minister under
section 1.1 of the
Petroleum Royalty Regulation (Alta. Reg. 248/90);
(
w) all orders of the Minister under
section 5.2(3) of
the Alberta Corporate Tax Regulation (Alta. Reg. 105/81);
(
x) all by-laws made under the Teaching Profession Act,
except by-laws referred to in
section 27(1);
(
y) all rules made under the Legal Profession Act;
(
z) all Regulations made under
section 18(1)(
b) of the
Court of Queen's Bench Act.
(
d) by adding the following after subsection (1):
(2) An order or regulation referred to in subsection (1)(
p) or (
q) must be published in
Part I of The Alberta Gazette.
(3) An order or regulation referred to in subsection (1)(
p) or (
q) that was made before the coming into force of this subsection and was
published in
Part II of The Alberta Gazette shall be considered to have
been published within the meaning of subsection (2).
3 This Regulation comes into force on June 1, 1997.
------------------------------
Alberta Regulation 82/97
Environmental Protection and Enhancement Act
LUBRICATING OIL MATERIAL RECYCLING AND
MANAGEMENT REGULATION
Filed: April 30, 1997
Made by the Lieutenant Governor in Council (O.C. 173/97) pursuant to
section 168 of the Environmental Protection and Enhancement Act.
Table of Contents
Definitions 1
Designated material 2
Management board established 3
Annual report 4
Registration 5
Cancellation and suspension of registration 6
Prohibition 7
By-laws 8
Notice to Minister 9
Offence 10
Expiry
Expiry 11
Coming into Force
Coming into force 12
Definitions
1 In this Regulation,
(a) "Act" means the Environmental Protection and Enhancement Act;
(b) "Association" means the Alberta Used Oil Management
Association;
(c) "by-law" means a by-law made by the Association under
section
(d) "end user" means a person who purchases and uses lubricating
oil material or equipment containing lubricating oil for its intended use;
(e) "filter" means any spin-on or element style fluid filter that
is used in hydraulic or internal combustion engine applications, but does
not include a gasoline fuel filter;
(f) "lubricating oil" means petroleum-derived or synthetic
crankcase oil, engine oil, hydraulic fluid, transmission fluid, gear oil,
heat transfer fluid or other oil or fluid used for lubricating purposes in
machinery or equipment;
(g) "lubricating oil material" means lubricating oil, oil
containers and filters;
(h) "Minister" means the Minister of Environmental Protection;
(i) "oil container" means a container in which lubricating oil is
supplied and that has a capacity of 30 litres or less;
(j) "supplier" means
(
i) a manufacturer of lubricating oil material who
supplies the manufacturer's own brand of lubricating oil material to
(
A) a jobber,
(
B) a retailer, or
(
C) the end user;
(ii) a marketer who supplies lubricating oil material to
(
A) a jobber,
(
B) a retailer, or
(
C) the end user,
where the lubricating oil material was manufactured
for the marketer by another person and the marketer owns the brand;
(iii) a marketer who supplies lubricating oil material to
(
A) a jobber,
(
B) a retailer, or
(
C) the end user,
where the lubricating oil material was manufactured
for the marketer by another person and the marketer is the licensee of the
brand;
(iv) a wholesaler, including a retail distributor, who
supplies lubricating oil material to
(
A) a jobber,
(
B) a retailer, or
(
C) the end user;
(
v) a jobber who supplies lubricating oil material that
the jobber has imported into Alberta to
(
A) a retailer, or
(
B) the end user;
(vi) a retailer who supplies to the end user lubricating
oil material that the retailer has imported into Alberta;
(vii) a wholesale equipment supplier who supplies
equipment to
(
A) its dealers, or
(
B) the end user of the equipment,
where, as part of the transaction, lubricating oil
material is also supplied;
(k) "supply" means a sale or other transfer.
Designated material
2 Lubricating oil material is hereby designated as designated material
for the purposes of
Part 9, Division 1 of the Act.
Management board established
3 The Alberta Used Oil Management Association, being a society
incorporated under the Societies Act, is hereby established as a management
board within the meaning of
section 168(ff) of the Act.
Annual report
4(1) The Association shall
(
a) not less than 30 days before the start of each fiscal year
provide to the Minister a business plan for the Association that indicates
its goals for the coming fiscal year, and
(
b) not more than 6 months after the end of each fiscal year
provide to the Minister an annual report summarizing the activities of the
Association and containing the audited financial statements of the
Association for the fiscal year.
(2) The remuneration and benefits that were paid to
(
a) all members of the board of directors of the Association, and
(
b) all management personnel who report directly to one or more of
the members of the board of directors
during the fiscal year must be reported in the financial statements or as a
note or
schedule to the financial statements.
(3) The remuneration and benefits must be reported
(
a) on an individual basis by name in the case of the persons
referred to in subsection (2)(a), and
(
b) on an aggregate basis in the case of the persons referred to in
subsection (2)(b).
(4) The Minister is authorized to disclose personal information reported
under this section, and this subsection constitutes an authorization for
the purposes of
section 38(1)(
e) of the Freedom of Information and
Protection of Privacy Act.
Registration
5(1) Every
(
a) supplier, and
(
b) end user who imports lubricating oil material into Alberta for
the end user's own business use
shall apply to the Association to be registered.
(2) An application referred to in subsection (1) shall be made in the form
and manner prescribed in the by-laws.
Cancellation and suspension of registration
6(1) The Association may cancel or suspend the registration of a
registrant if the registrant contravenes the Act, this Regulation or the
by-laws.
(2) The Association may cancel the registration of a registrant if the
registrant ceases to carry on business or applies to surrender his
certificate of registration.
(3) A person who ceases to be a registrant by virtue of subsection (1) or
(2) or whose certificate of registration is under suspension shall
forthwith surrender the certificate of registration to the Association.
Prohibition
7 No person shall act as a supplier or as an end user within the meaning
section 5(1) unless the person is registered and the registration is not
under suspension.
By-laws
8(1) The Association may make by-laws
(
a) classifying lubricating oil material for the purposes of the
by-laws;
(
b) providing for the establishment, operation and winding-up by
the Association of an industry operated recycling fund in respect of
lubricating oil materials, including, without limitation, by-laws
(
i) prescribing the manner in which and the purposes
for which money in the fund may be used;
(ii) providing for the imposition of surcharges by the
Association in respect of transactions in lubricating oil materials by
registrants and providing for all matters related to the payment of those
surcharges and the collection of them by the Association, including without
limitation,
(
A) prescribing the amounts of the
surcharges and prescribing which registrant or class of registrant must
pay, collect and remit the surcharges,
(
B) governing the reports and returns to
the Association that must be made by registrants,
(
C) providing for interest charges on late
payment of the surcharges, and
(
D) providing for the assessment by the
Association of surcharge amounts owing;
(
c) governing registration of registrants, including prescribing
the amount of any registration fee;
(
d) requiring an applicant for registration or a registrant
(
i) to provide security to the Association, or
(ii) to provide to the Association evidence of security
in a form and amount that is acceptable to the Association for
the purpose of ensuring that the applicant or registrant exercises the
powers and carries out the duties of registrant in accordance with the Act,
this Regulation and the by-laws;
(
e) protecting the confidentiality of information provided by
applicants for registration and registrants;
(
f) respecting the keeping of records by registrants in respect of
transactions in lubricating oil material, and the making of those records
available for inspection by the Association and representatives of the
Department of Environmental Protection;
(
g) exempting supply transactions from any or all of the
requirements of the by-laws;
(
h) respecting any other matter related to the administration of
this Regulation by the Association.
(2) The Regulations Act applies to by-laws under subsection (1).
Notice to Minister
9 Where the Association proposes to change its objects or by-laws under
the Societies Act, it shall give reasonable prior notice of the nature of
the proposed changes to the Minister.
Offence
10 A person who contravenes
section 6(3) or 7 is guilty of an offence and
liable to a fine of not more than
(a) $50 000 in the case of an individual, or
(b) $500 000 in the case of a corporation.
Expiry
Expiry
11 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on June 30, 2002.
Coming into Force
Coming into force
12(1) This Regulation, except
section 7, comes into force on the date on
which it is filed.
(2) Section 7 comes into force on July 1, 1997.
------------------------------
Alberta Regulation 83/97
Wildlife Act
ALBERTA PROFESSIONAL OUTFITTERS SOCIETY
DELEGATED AUTHORITY REGULATION
Filed: April 30, 1997
Made by the Lieutenant Governor in Council (O.C. 174/97) pursuant to
section 96 of the Wildlife Act and
section 97(1)(
c) as incorporated by
Wildlife Amendment Act, 1996.
Table of Contents
Interpretation 1
Establishment of delegated authority, and delegated functions 2
Annual report and business plan 3
Charge for Society's services 4
Remittance of fees 5
Returns and information 6
Holding of prescribed fees in trust 7
Cancellations and suspensions 8
Agreements for service 9
By-laws 10
Notice of objects or by-law changes 11
Transitional Provisions
Transitional 12
Consequential Amendments
Consequential amendments 13
Expiry
Expiry 14
Interpretation
1(1) In this Regulation,
(a) "allocation" means an allocation within the meaning of
section
20.1 of the General Wildlife (Ministerial) Regulation;
(b) "by-laws" means the by-laws made by the Society under
section
10;
(c) "fiscal year" means the fiscal year of the Society, as
specified in the by-laws.
(2) Unless a contrary intention appears in this Regulation, an expression
defined in another regulation has the same meaning in this Regulation.
Establishment of delegated authority, and delegated functions
2(1) The Alberta Professional Outfitters Society, being a society
incorporated under the Societies Act, is hereby established for the
purposes of this Regulation as a delegated authority referred to in
section
97(1)(
c) of the Act (as established by
section 71 of the Wildlife Amendment
Act, 1996 in advance of the proclamation of that amendment Act in general).
(2) The Society is hereby delegated the following powers, duties and
functions to be carried out in accordance with the Act, the regulations and
the objects and by-laws of the Society:
(
a) the issue of outfitter-guide permits;
(
b) the distribution, including transfers, of allocations;
(
c) the issue of non-resident alien big game hunting licences;
(
d) the collection of fees for licences, permits and allocations;
(
e) the designation and qualification of guides;
(
f) the cancellation and suspension of licences, permits and
designations as guides, issued by the Society;
(
g) establishment of the kinds of protection of deposits required
section 19(2) of the General Wildlife (Ministerial) Regulation.
Annual report and business plan
3(1) The Society shall,
(
a) at least 30 days before the beginning of each fiscal year,
provide to the Minister a business plan for the Society that indicates its
goals for the coming fiscal year, and
(
b) not more than 6 months after the end of each fiscal year,
provide to the Minister an annual report summarizing the Society's
activities and containing its audited financial statements for that fiscal
year.
(2) The remuneration and benefits that were paid or provided to
(
a) each director, within the meaning of
section 1 of the Societies
Act, of the Society, and
(
b) all management personnel who report directly to one or more of
such directors
during a fiscal year, must be reported in the financial statements for that
fiscal year or as a note or
schedule to those financial statements.
(3) The remuneration and benefits must be reported
(
a) on an individual basis by name in the case of the persons
referred to in subsection (2)(a), and
(
b) on an aggregate basis in the case of the persons referred to in
subsection (2)(b).
(4) The Minister may disclose personal information, within the meaning of
the Freedom of Information and Protection of Privacy Act, reported under
this section, and this subsection constitutes an authorization for the
purposes of
section 38(1)(
e) of that Act.
Charge for Society's services
4(1) The Society may establish a charge to be paid, in addition to any
prescribed licence, permit or allocation fee, by its prospective holder or
by a prospective designated guide.
(2) The charge is to be paid before the licence, permit or allocation is
issued or before the designation as a guide is given, as the case may be.
(3) The charge is a fee for services reflecting the costs incurred by the
Society in undertaking its powers, duties and functions under this
Regulation.
Remittance of fees
5 The Society shall, in accordance with an agreement (if any) with the
Minister, remit the prescribed licence, permit or allocation fees collected
by it.
Returns and information
6 The Society shall make such returns and provide such information to the
Minister as the Minister requires, outlining the services that the Society
has performed pursuant to
section 2(2).
Holding of prescribed fees in trust
7 The Society holds all prescribed licence, permit and allocation fees
collected by it in trust for the Crown.
Cancellations and suspensions
8 The Society may cancel or suspend a licence, permit or designation as
a guide issued by it in accordance with the by-laws.
Agreements for service
9 The Society may enter into agreements with the Minister to provide any
further administrative services that may be required under the Act.
By-laws
10 The Society may make by-laws
(
a) setting the charges for services provided by it,
(
b) establishing the form of any licence, permit, allocation or
designation as a guide to be issued by it,
(
c) respecting the provision of guiding services, including
qualifications, restrictions and rights to enter into agreements to provide
such services,
(
d) respecting the manner in which allocations are to be
distributed and transferred,
(
e) respecting the manner in which licences, permits and
designations as guides issued by it may be suspended or cancelled,
(
f) respecting the protection for deposits to be provided under
section 19(2) of the General Wildlife (Ministerial) Regulation, and
(
g) specifying the Society's fiscal year.
Notice of objects or by-law changes
11 When the Society proposes to change its objects or by-laws under the
Societies Act, it shall give reasonable prior notice of the nature of the
proposed changes to the Minister.
Transitional Provisions
Transitional
of this
section and still subsisting are to be administered and maintained
by the Society.
Consequential Amendments
Consequential amendments
13(1) The General Wildlife Regulation (AR 50/87) is amended in accordance
with this section.
(2) Section 1(1) is amended
(
a) by adding the following after clause (j):
(j.1) "designation as a guide" means a designation by the
Minister of a guide pursuant to
section 18(1) of the General Wildlife
(Ministerial) Regulation;
(
b) by adding the following after clause (ii.1):
(ii.15) "Society" means the Alberta Professional
Outfitters Society referred to in
section 2(1) of the Alberta Professional
Outfitters Society Delegated Authority Regulation;
(3) Section 2(3)(
a) is repealed and the following is substituted:
(
a) is designated as a guide, or
(4) Section 17(4)(a)(iii) is repealed and the following is substituted:
(iii) number relating to his designation as a guide, or
(5) Section 26 is amended
(
a) by repealing subsection (1) and substituting the following:
Guides
26(1) Subject to this section, at any one time
(
a) a person designated as a guide may guide not more
than 2 licensed non-resident or non-resident alien hunters in any part of
Alberta, and
(
b) the holder of a class C guide's licence may guide
not more than 2 licensed non-resident or non-resident alien hunters named
in his licence in any part of Alberta
to hunt wolf, coyote and the big game that those hunters are
licensed to hunt.
(
b) by repealing subsection (2);
(
c) in subsections (3) and (5) by striking out "class A or class B
guide's licence" and substituting "designation as a guide".
(6) Section 27 is amended by striking out "the holder of a" and
substituting "a person designated as a guide or the holder of a class C".
(7) Section 28(4) is amended by striking out "$100" and substituting "$0".
(8) Section 28.2 is amended
(
a) by repealing subsection (1)(b);
(
b) in subsection (2) by striking out "$275" and substituting
"$255";
(
c) by repealing subsection (3)(
a) and (
b) and substituting the
following:
(
a) when acquired pursuant to a non-competitive process
pursuant to
section 20.1(2) of the General Wildlife (Ministerial)
Regulation, is an amount equal to the minimum allocation selection fee;
(
b) when acquired pursuant to a competitive process
pursuant to
section 20.1(2) of the General Wildlife (Ministerial)
Regulation, is an amount equal to the greater of
(
i) the amount of the minimum allocation
selection fee, and
(ii) the amount established through the
competitive process.
(
d) in subsections (5) and (6)
(
i) by striking out "$75" wherever it occurs and
substituting "$55";
(ii) by striking out "$100" wherever it occurs and
substituting "$80";
(iii) by striking out "$125" wherever it occurs and
substituting "$105";
(iv) by striking out "$150" wherever it occurs and
substituting "$130";
(
e) by repealing subsection (7);
(
f) in subsection (8)(
b) by striking out "or (6)".
(9) Sections 29 and 29.1 are repealed and the following is substituted:
Exemption from s43 of the Act
29 A person, other than a resident, is exempt from the application
section 43 of the Act while hunting when accompanied by a person
designated as a guide.
Exemption from s26(3) of the Act
29.1 A person providing guiding services to another person is
exempt from the application of
section 26(3) of the Act
(
a) while that other person is hunting wildlife other
than big game, wolf or coyote, or
(
b) if the first-mentioned person is designated as a
guide.
(10) Schedule 5 is amended
(
a) in
Part 1
(
i) in Item 44 by striking out "21.55" and substituting
"6.55";
(ii) in Item 56 by striking out "293.51" and
substituting "278.51";
(iii) in Item 61 by striking out "80.75" and substituting
"65.75";
(iv) in Item 62 by striking out "235.24" and
substituting "220.24";
(
v) in Item 63 by striking out "176.73" and
substituting "161.73";
(vi) in Item 64 by striking out "176.73" and
substituting "161.73";
(vii) in Item 65 by striking out "235.24" and
substituting "220.24";
(viii) in Item 66 by striking out "235.24" and
substituting "220.24";
(ix) in Item 67 by striking out "212.74" and
substituting "197.74";
(
b) in
Part 3
(
i) in Item 2 by striking out "100" and substituting
"FREE";
(ii) by repealing Items 11 and 12.
Expiry
Expiry
14 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on October 1, 2001.
------------------------------
Alberta Regulation 84/97
Wildlife Act
GENERAL WILDLIFE (MINISTERIAL) AMENDMENT REGULATION
Filed: April 30, 1997
Made by the Minister of Environmental Protection (M.O. 2/97) pursuant to
section 96 of the Wildlife Act (as established by
section 71 of the
Wildlife Amendment Act, 1996).
1 The General Wildlife (Ministerial) Regulation (AR 95/87) is amended by
this Regulation.
Section 18 is amended
(
a) by repealing subsection (1) and substituting the following:
Guide's licence
18(1) The Minister may designate as a guide only an adult resident
or non-resident who is a Canadian citizen or admitted to permanent
residence in Canada.
(
b) by repealing subsections (2), (4) and (4.1).
Section 19 is amended
(
a) by repealing subsection (1)(
a) and substituting the following:
(
a) to an individual who holds a first aid certificate,
is designated as a guide and has held
(
i) a class A or class B guide's licence
under the regulations as they existed before January 28, 1997,
(ii) a designation as a guide, or
(iii) a combination of the guide's licence
referred to in subclause (
i) and a designation as a guide,
for any period of, or 2 or more periods
aggregating, not less than 12 months, or
(
b) by repealing subsection (1)(b)(
i) and substituting the
following:
(
i) at least one of the officers of the corporation
holds a first aid certificate, is designated as a guide and has held
(
A) a class A or class B guide's licence
under the regulations as they existed before January 28, 1997,
(
B) a designation as a guide, or
(
C) a combination of the guide's licence
referred to in paragraph (
A) and a designation as a guide,
for any period of, or 2 or more periods
aggregating, not less than 12 months, and
(
c) by repealing subsection (2) and substituting the following:
(2) No permit may be issued under subsection (1) unless the
applicant demonstrates to the satisfaction of the Minister that any
deposits furnished by persons to whom guiding services are to be provided
are protected.
Section 20.1 is amended
(
a) by repealing subsection (4);
(
b) in subsection (5) by striking out "may only be allocated" and
substituting "allocation may only be issued";
(
c) by repealing subsections (6), (7) and (9).
Section 21(1) is repealed and the following is substituted:
Surrender and reallocation of allocations
21(1) Subject to this section, an allocation may be transferred as
provided for by the Minister.
ERRATUM
Alberta Regulation 66/97 as published in The Alberta Gazette of April 15,
1997 (vol. 93 no. 7 p. 208) contains a typographical error in the title of
the Regulation. The title should read: "WAREHOUSING OCCUPATION AMENDMENT