THE ALBERTA GAZETTE,

PART II, APRIL 15, 1998

Alberta Regulation 43/98

Alberta Corporate Tax Act

ALBERTA CORPORATE TAX AMENDMENT REGULATION

Filed: March 18, 1998

Made by the Lieutenant Governor in Council (O.C. 88/98) pursuant to

sections 56 and 72.4 of the Alberta Corporate Tax Act.

1 The Alberta Corporate Tax Regulation (AR 105/81) is amended by this

Regulation.

Section 2(1) and (2) are repealed.

Section 3 is renumbered as

section 3(1) and the following is added

after subsection (1):

(2) A reference to "Receiver General" in

Part XLIII of the

regulations made under the Federal Act shall be read as a reference to the

"Provincial Treasurer".

4 Sections 4 and 5.4 are repealed.

5 Parts 3 and 4 are repealed.

6 The following is added after

section 14:

PART 6

APPEAL COMMITTEE - AVOIDANCE TRANSACTIONS

Definitions

15 In this Part,

(a) "Appeal Committee" means the Appeal Committee

established under

section 72.4 of the Act;

(b) "federal assessment" means an assessment,

reassessment or additional assessment under the federal Act involving the

application of subsection 245(2) of the federal Act or a determination

pursuant to subsection 152(1.11) of the federal Act;

(c) "GAAR appeal" means an appeal under

section 72.2(2)

of the Act;

(d) "panel" means a panel of the Appeal Committee.

Application for GAAR appeal

16 A GAAR appeal by a corporation to the Appeal Committee must

(

a) be submitted to the Provincial Treasurer,

(

b) identify the corporation that is making the appeal

and set out the name, address and telephone number of a contact person for

the corporation,

(

c) describe the transaction that is the subject of the

appeal and set out the grounds of the appeal,

(

d) contain a consent authorizing the Provincial

Treasurer to release to a panel all relevant tax information about the

corporation in the Provincial Treasurer's possession, including information

received from the Minister of National Revenue, and

(

e) be signed by an officer of the corporation.

Formation of panels

17(1) Subject to subsection (2), if a corporation has, within the

time period specified in

section 72.2(2) of the Act, made a GAAR appeal

that meets the requirements of

section 16 of this Regulation, the

Provincial Treasurer shall

(

a) select the members of the Appeal Committee to form

a panel to hear the appeal, and

(

b) designate the chair and vice-chair of the panel.

(2) If a corporation makes a GAAR appeal in respect of a transaction

that is the basis of a federal assessment of the corporation, the

Provincial Treasurer shall not form a panel to hear the GAAR appeal unless

(

a) all rights of objection and appeal under the

federal Act in respect of the federal assessment have expired or been

exercised, and

(

b) after those rights of objection and appeal have

expired or been exercised, the corporation confirms that it wishes to

proceed with the GAAR appeal.

Adjournment by Provincial Treasurer

18(1) The Provincial Treasurer may require a panel to adjourn the

hearing of a corporation's GAAR appeal if, after the panel is formed, there

is a federal assessment of the corporation based on the transaction upon

which the GAAR appeal is based.

(2) The Provincial Treasurer shall not direct the panel to resume

the hearing of the corporation's GAAR appeal unless

(

a) all rights of objection and appeal under the

federal Act in respect of the federal assessment have expired or been

exercised, and

(

b) after those rights of objection and appeal have

expired or been exercised, the corporation confirms that it wishes to

proceed with the GAAR appeal.

Additional information

19 A corporation shall supply any information relating to the GAAR

appeal that is required by the panel.

Parties

20 The parties to a GAAR appeal are the corporation that makes the

appeal and the Provincial Treasurer.

Procedure

21(1) The Appeal Committee shall establish general procedures to be

followed in a GAAR appeal.

(2) A panel may modify the general procedures to fit the

circumstances of a GAAR appeal.

Hearings

22(1) A panel may conduct a GAAR appeal with or without hearings for

the presentation of evidence and for oral argument, but a panel shall hold

a hearing if a party requests it.

(2) A panel shall determine the time, date and place of hearings,

taking into consideration the convenience of the parties and of the panel

members.

(3) A panel shall provide the parties with sufficient notice of

hearings.

Default

23 If a party fails to appear at a hearing or to produce

documentary evidence, the panel may make an order based on the evidence

before it, unless the party offers a explanation that is satisfactory to

the panel.

Panel decisions

24 A decision of a majority of the members of a panel is a decision

of the panel, but if there is no majority decision, the decision of the

chair of the panel governs.

7 The

Schedule is repealed.

Alberta Regulation 44/98

Fuel Tax Act

FUEL TAX AMENDMENT REGULATION

Filed: March 18, 1998

Made by the Lieutenant Governor in Council (O.C. 90/88) pursuant to

section

39 of the Fuel Tax Act.

1 The Fuel Tax Regulation (AR 388/87) is amended by this Regulation.

Section 1 is amended

(

a) by renumbering

section 1 as

section 1(1);

(

b) by adding the following after clause (c.2):

(c.3) "exempt sale retailer" means a person who is

registered under

section 4.1 to sell aviation fuel, fuel oil or liquid

petroleum gas to consumers who are exempt from tax under the Act or under

an Act of Parliament;

(

c) by repealing clause (

e) and substituting the following:

(e) "farming operations" means, subject to subsection

(2), any one or more of the following:

(

i) any step in the production of plants or

domesticated animals, including animal products or by-products;

(ii) the operation of an irrigation

district, when carried out by the board of directors of the irrigation

district and its employees, but not when carried out by a contractor;

(iii) the harvesting of peat moss;

(iv) the business, commonly known as custom

farming, of carrying out any step in the farming operations referred to in

subclause (

i) on behalf of another person, including the harvesting of

crops and the transportation of those crops from the machinery used to

harvest the crops to the location where the crops are to be stored or used;

and includes the personal use of a farm truck by a farmer

and the farmer's dependants, and the heating of buildings located on a farm

by a farmer;

(

d) by repealing clause (

f) and substituting the following:

(f) "farm machinery" means any of the following when

used by a farmer in farming operations:

(

i) any machinery powered by an internal

combustion engine or stationary engine;

(ii) a boat or plane;

(iii) a vehicle that is not registered under

the Motor Vehicle Administration Act;

(

e) by adding the following after clause (i):

(i.1) "Minister" means the Provincial Treasurer, except

(

i) in

section 12, where it means the

Minister of Agriculture, Food and Rural Development, and

(ii) in sections 7(4), (6), (7), (8),

(9) and (10) and 7.1(2) and (3), where it means the Provincial Treasurer or the

Minister of Agriculture, Food and Rural Development, as the circumstances

require;

(

f) by adding the following after subsection (1):

(2) The following are not farming operations:

(

a) the business of adding value to farm products by

manufacturing, packaging, mixing, grinding or otherwise processing them,

when carried out by anyone other than by the farmer who produced them;

(

b) subject to subsection (1)(e)(iv), the

transportation of farm products by a person other than the farmer who

produced them;

(

c) the transportation of trees, shrubs, sod or peat

moss from the location where they were produced to a consumer or to a

wholesale or retail location, whether the location is owned by the producer

or not;

(

d) the renting out by a lessor of farm land,

buildings, livestock, vehicles, machinery or other assets, and any

activities related to the maintenance or improvement of the rented assets;

(

e) the raising of animals

(

i) commonly kept as pets, or

(ii) for display in a zoo;

(

f) the use of any vehicle or machinery other than a

farm truck or farm machinery;

(

g) any activity carried out by a person who is not a

farmer.

Section 4.1(3) is repealed.

Section 5(1) is amended by adding ", with respect to aviation fuel,

fuel oil or liquid petroleum gas used for a purpose other than for farming

operations in Alberta," after "Act".

5 Sections 6, 6.1 and 6.2 are repealed and the following is substituted:

Refund of tax

6(1) The Minister may, on receipt of an application in the form

provided by the Minister, pay a refund of tax

(

a) that was remitted by a seller in respect of fuel

(

i) that was delivered to a consumer

outside Alberta,

(ii) that was stolen or destroyed prior to

being sold to a consumer, or

(iii) that is unsaleable due to

contamination,

(

b) that was remitted in respect of sales made to a

seller on credit, where all or a portion of the amount of the debt in

respect of the sale becomes uncollectible.

(2) The applicant must notify the Minister of the loss within 30

days of the date the applicant first becomes aware of it.

(3) An application for a refund must be accompanied by sales

invoices, ledgers and any other records, documents and evidence required

(

a) to prove the claim, and

(

b) to determine the amount of tax that was remitted,

and the amount of tax to be refunded.

(4) An application for a refund must be received by the Minister

(

a) in the case of a refund referred to in subsection

(1)(a), within 90 days after the date the fuel was delivered to the

consumer outside Alberta, the theft or destruction was discovered by the

applicant or the contamination was discovered by the applicant, as the case

may be, and

(

b) in the case of a refund referred to in subsection

(1)(b), within 90 days of the earlier of

(

i) the date that a Notice of Bankruptcy or

a notice of the appointment of a receiver is received by the applicant, and

(ii) the date that the applicant identifies

the debt as an amount to be claimed as an uncollectible debt for income tax

purposes.

(5) For the purposes of this section, a debt is not an uncollectible

debt unless the applicant

(

a) has exhausted all efforts to collect the debt that

would reasonably be expected to be made by a creditor who is dealing at

arm's length with a debtor, and

(

b) in the case of a bankruptcy or receivership, has

filed a claim with the trustee or receiver that includes the amount of the

tax owing shown separately.

(6) The amount of refund that the Minister may pay in respect of a

refund referred to in subsection (1)(

b) is to be calculated in accordance

with the following formula:

where

A is the amount of the uncollectible debt at the time

of the application;

B is the original amount of the debt at the time of

the sale;

C is the amount of tax that was remitted relating to

the sale.

(7) Even if an applicant for a refund does not comply with

subsection (2), the Minister may pay the refund if, in the Minister's

opinion, the failure to comply does not prevent the Minister from

collecting the tax from another person.

Section 7 is amended

(

a) by repealing subsections (1) and (2) and substituting the

following:

Marked fuel certificates

7(1) A person who wishes to obtain a certificate identifying the

person as a person who is entitled to be in possession of marked fuel for

use in farming operations in Alberta must apply to the Minister of

Agriculture, Food and Rural Development in a form provided by that

Minister.

(2) A person who wishes to obtain a certificate identifying the

person as a person who is entitled to be in possession of marked fuel for a

use other than in farming operations in Alberta must apply to the

Provincial Treasurer in a form provided by the Provincial Treasurer.

(

b) by repealing subsection (5);

(

c) by repealing subsection (6)(

b) and (

c) and substituting the

following:

(

b) the date the person to whom the certificate was

issued ceases to conduct activities that qualify the person to obtain the

certificate, and

Section 11(1) is amended by striking out "An application for a grant

under

section 8(6) of the Act" and substituting "An application for a

refund of tax under

section 4(3) of the Act and a grant under

section 8(6)

of the Act, or either of them, in respect of aviation fuel, fuel oil or

liquid petroleum gas used in farming operations in Alberta,".

Section 12.1 to 12.3 are repealed and the following is substituted:

Application for exempt sale retailer

12.1(1) A person who wishes to become registered as an exempt sale

retailer must apply to the Minister in a form provided by the Minister in

respect of each location in which the person intends to sell fuel exempt

from tax.

(2) A person registered under this

section is subject to the terms

and conditions imposed by the Minister.

(3) No person shall sell fuel without collecting the tax imposed by

the Act unless the Minister has acknowledged the registration of the person

as an exempt sale retailer.

(4) The Minister may refuse to register a person as an exempt sale

retailer

(

a) if the person has contravened

(

i) the Act or the regulations made under

the Act,

(ii)

an Act or regulation of Alberta that

imposes any tax, or

(iii) a law in force in another jurisdiction

that governs the sale of fuel or the levying of a tax on fuel in that

jurisdiction,

(

b) if the person is not dealing at arm's length with a

person who has contravened a law referred to in clause (a).

(5) The Minister may cancel or suspend the registration of an exempt

sale retailer if the Minister is satisfied that the exempt sale retailer

has contravened the Act or the regulations made under the Act or any other

Act or regulation of Alberta that imposes any tax.

Tax-exempt sales

12.2(1) For the purposes of this

section and

section 12.3,

"tax-exempt sale" means a sale of aviation fuel, fuel oil or liquid

petroleum gas without being required to collect the tax imposed by

section

2 of the Act.

(2) An exempt sale retailer may make tax-exempt sales only to

persons referred to in subsection (3).

(3) Notwithstanding

section 2 of the Act, the following are exempt

from the payment of tax:

from the purchaser certification that the purchase is for the use of the

(

b) a member of the Diplomatic Corps eligible for

inclusion in the Diplomatic Consular and other Representatives in Canada,

countries stationed in Canada, where the aviation fuel, fuel oil or liquid

petroleum gas is for consumption by the purchaser or by others at the

purchaser's expense;

(

c) an Indian or Indian band only if

(

i) the purchaser presents to the exempt

sale retailer at the time of purchase, a valid identification card issued

under

section 12.4,

(ii) it is reasonable to believe that the

fuel is not being purchased for resale or for export to another

jurisdiction, and

(iii) the sale is made

(

A) on a reserve, or

(

B) on the settlement known as

the Garden River Settlement, located in the south-west corner of Wood

Buffalo National Park, if the sale is made between September 10, 1997 and

September 9, 1998 or such later date as the Minister determines.

Records of tax-exempt sales

12.3(1) The Minister may require an exempt sale retailer to complete

a voucher for some or all of the tax-exempt sales made by an exempt sale

retailer, and may determine the information that is to be contained in the

voucher.

(2) The Minister may require an exempt sale retailer to complete and

maintain records in electronic form instead of vouchers, and may determine

the nature and form of the records to be maintained.

(3) An exempt sale retailer shall not make a tax-exempt sale unless

the retailer has complied with subsection (1) or (2), as the case requires.

Identification cards

12.4(1) An application for an identification card shall be made on a

form provided by the Minister.

(2) The Minister shall issue an identification card to an Indian if

the Minister is satisfied that the Indian is 16 years of age or older.

(3) The Minister shall issue an identification card to an Indian

band if all or part of the reserve of the Indian band is in Alberta or the

band has an office in Alberta.

(4) An identification card expires on the date specified on the

card.

(5) If an identification card is lost, stolen or destroyed, the

Minister shall, on application in the form provided by the Minister, issue

a replacement card.

(6) The Minister may cancel an identification card

(

a) if the Minister is satisfied that the holder of the

identification card does not meet the requirements of subsection (2), in

the case of an Indian, or subsection (3), in the case of an Indian band, or

(

b) if the card has been lost, stolen or destroyed.

Refund re tax-exempt sales

12.5(1) The Minister may pay to an exempt sale retailer a refund of

an amount of tax the exempt sale retailer has remitted on tax-exempt sales.

(2) An application for a refund shall be made in a form and manner

determined by the Minister and shall be accompanied by any information

required by the Minister.

(3) An application for a refund shall be forwarded to the Minister

or to an agent-collector determined by the Minister.

(4) An agent-collector who receives a refund application under this

section shall, if satisfied that the application is materially correct,

immediately credit the account of the exempt sale retailer with the amount

of the refund.

(5) An agent-collector who has provided a credit to an exempt sale

retailer shall deduct the amount of the credit provided from the

agent-collector's next fuel tax remittance to the Minister, and shall

forward the refund application together with all required information to

the Minister together with the next return.

(6) The Minister shall, as soon as possible, review the applications

for refunds received by the Minister from exempt sale retailers.

(7) When the Minister receives refund applications under this

section with the return of an agent-collector, the Minister may review the

claim and,

(

i) if the exempt sale retailer is entitled to an

additional refund, pay the additional refund, or

(ii) if the exempt sale retailer was given an excessive

credit by the agent-collector, recover the amount of the excess from the

exempt sale retailer.

(8) If the Minister refuses to refund all or a portion of an amount

claimed under subsection (6), or determines that funds should be recovered

under subsection (7), the Minister shall cause to be given to the exempt

sale retailer a notice of disallowance specifying the amount that the

Minister will not refund or that the Minister will seek to recover, and the

reasons for the refusal or recovery.

Section 14(1.2) is amended by striking out "daily".

10 In the following provisions "Provincial Treasurer" is struck out

wherever it occurs and "Minister" is substituted:

section 1(b)(ii), (d)(ii) and (e.1);

section 2(1), (2) and (3);

section 3;

section 4;

section 4.1(1);

section 5(1)(a), (2);

section 6.3;

section 7(4), (6)(d), (7), (8), (9), (10);

section 7.1(2)(b), (3)(b);

section 8(1), (2);

section 11(1)(a), (2);

section 12(1);

section 14(5);

section 16(1), (3), (4), (5);

section 18(2);

section

Section 2(c), (

d) and (

f) come into force on the coming into force of

section 2(

a) of the Fuel Tax Amendment Act, 1997.

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

Alberta Regulation 45/98

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: March 18, 1998

Made by the Lieutenant Governor in Council (O.C. 91/98) pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans Act.

1 The Local Authorities Pension Plan (AR 366/93) is amended by this

Regulation.

2 The following is added after

section 117.3:

Transitional - Alberta Fire Training School

117.5(1) From the effective date of

section 117.5 until the end of

December 1998, this Regulation is to be read as if the changes described in

subsections (2) to (6) constituted amendments to the provisions of this

Regulation referred to in those subsections.

(2) The following is to be treated as added after

section 2(1)(00a):

(00b) "AFTS" means the Alberta Fire Training School in

the Town of Vermilion, Alberta, responsibility for the delivery of whose

school program is to be transferred from the Crown, in whose Department of

Labour the program currently resides, to Lakeland College on or about March

31, 1998;

(3) The following is to be treated as added after

section 2(1)(o.1):

(o.2) "effective date of

section 117.5" means the

beginning of the effective date as of which staff members formerly employed

in Alberta Labour's AFTS by the Crown become employed by Lakeland College

pursuant to the transfer agreement;

(4) Section 2(1)(

p) is to be treated as changed

(

a) by adding "or Lakeland College" after "or Pembina";

(

b) by adding "or a person employed by Lakeland College

who is a participant of the Public Service Pension Plan by virtue of

section 10(1)(c.8) or (c.9) of the Public Service Pension Plan" after "or

(c.5) of the Public Service Pension Plan".

(4.1) The following is to be treated as added after

section

2(1)(ss):

(ss.1) "transfer agreement" means the agreement

dated December 12, 1997 between the Crown, as represented by the Minister

of Labour, and the Board of Governors of Lakeland College;

(5) Section 10(1) is to be treated as changed by adding the

following after clause (c.4):

(c.8) employees who

(

i) are employed by Lakeland College after

the effective date of

section 117.5, and

(ii) at any time after becoming so employed

work in AFTS if, immediately prior to their becoming so employed, they had

pensionable service accumulated in the Plan, while they remain employed by

Lakeland College;

(6) References in this

section to a provision of this Plan or of the

Public Service Pension Plan are to be treated as references to that

provision as treated as altered by sections 117.1 to 117.3 and by this

section and by sections 117.1 to 117.5 of the Public Service Pension Plan,

as the case may be.

(7) For the purposes of this section, a person who works for the

Crown in AFTS immediately before the effective date of

section 117.5 and

who continues to work in AFTS after that time is deemed to become employed

by Lakeland College at the beginning of the effective date of

section

117.5, regardless of when the person actually becomes employed by it.

(8) This

section is repealed as at the end of December 31, 1998.

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

Alberta Regulation 46/98

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN

AMENDMENT REGULATION

Filed: March 18, 1998

Made by the Lieutenant Governor in Council (O.C. 92/98) pursuant to

Schedule 5,

section 4 of the Public Sector Pension Plans Act.

1 The Management Employees Pension Plan (AR 367/93) is amended by this

Regulation.

2 The following is added after

section 117.4:

Transitional - Alberta Fire Training School

117.5(1) From the effective date of

section 117.5 until the end of

December 1998, this Regulation is to be read as if the changes described in

subsections (2) to (6) constituted amendments to the provisions of this

Regulation referred to in those subsections.

(2) The following is to be treated as added after

section 2(1)(00a):

(00b) "AFTS" means the Alberta Fire Training School in

the Town of Vermilion, Alberta, responsibility for the delivery of whose

school program is to be transferred from the Crown, in whose Department of

Labour the program currently resides, to Lakeland College on or about March

31, 1998;

(3) The following is to be treated as added after

section 2(1)(o.1):

(o.2) "effective date of

section 117.5" means the

beginning of the effective date as of which staff members formerly employed

in Alberta Labour's AFTS by the Crown become employed by Lakeland College

pursuant to the transfer agreement;

(4.1) The following is to be treated as added after

section

2(1)(ss):

(ss.1) "transfer agreement" means the agreement

dated December 12, 1997 between the Crown, as represented by the Minister

of Labour, and the Board of Governors of Lakeland College;

(5) Section 10 is to be treated as changed by adding the following

after clause (c.7):

(c.8) employees who

(

i) are employed by Lakeland College after

the effective date of

section 117.5,

(ii) at any time after becoming so employed,

worked in AFTS, and

(iii) work in AFTS in circumstances where,

had they been employed by the Crown to work in AFTS before the effective

date of

section 117.5, they would have been participants of this Plan,

while they remain employed by Lakeland College;

(c.9) employees of Lakeland College who were participants

of the Plan employed by the Crown to work in AFTS immediately prior to

their transfer to Lakeland College under the transfer agreement, while

they remain employed by Lakeland College;

(6) References in this

section to a provision of this Plan are to be

treated as references to that provision as treated as altered by sections

117.2 to 117.4 and by this section.

(7) For the purposes of this section, a person who works for the

Crown in AFTS immediately before the effective date of

section 117.5 and

who continues to work in AFTS after that time is deemed to become employed

by Lakeland College at the beginning of the effective date of

section

117.5, regardless of when the person actually becomes employed by it.

(8) This

section is repealed as at the end of December 31, 1998.

Alberta Regulation 47/98

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION

Filed: March 18, 1998

Made by the Lieutenant Governor in Council (O.C. 93/98) pursuant to

Schedule 2,

section 4 of the Public Sector Pension Plans Act.

1 The Public Service Pension Plan (AR 368/93) is amended by this

Regulation.

2 The following is added after

section 117.4:

Transitional - Alberta Fire Training School

117.5(1) From the effective date of

section 117.5 until the end of

December 1998, this Regulation is to be read as if the changes described in

subsections (2) to (6) constituted amendments to the provisions of this

Regulation referred to in those subsections.

(2) The following is to be treated as added after

section 2(1)(00a):

(00b) "AFTS" means the Alberta Fire Training School in

the Town of Vermilion, Alberta, responsibility for the delivery of whose

school program is to be transferred from the Crown, in whose Department of

Labour the program currently resides, to Lakeland College on or about March

31, 1998;

(3) The following is to be treated as added after

section 2(1)(o.1):

(o.2) "effective date of

section 117.5" means the

beginning of the effective date as of which staff members formerly employed

in Alberta Labour's AFTS by the Crown become employed by Lakeland College

pursuant to the transfer agreement;

(4) Section 2(1)(

p) is to be treated as changed

(

a) by adding "or Lakeland College" after "or an AVC";

(

b) by adding "or a person employed by Lakeland College

who is a participant of the Local Authorities Pension Plan by virtue of

section 10(1)(c.8) of the Local Authorities Pension Plan" after "10(1)(c.4)

of the Local Authorities Pension Plan".

(4.1) The following is to be treated as added after

section

2(1)(ss):

(ss.1) "transfer agreement" means the agreement

dated December 12, 1997 between the Crown, as represented by the Minister

of Labour, and the Board of Governors of Lakeland College;

(5) Section 10(1) is to be treated as changed by adding the

following after clause (c.5):

(c.8) employees who

(

i) are employed by Lakeland College after

the effective date of

section 117.5,

(ii) at any time after becoming so employed,

worked in AFTS,

(iii) work in AFTS in circumstances where,

had they been employed by the Crown to work in AFTS before the effective

date of

section 117.5, they would have been participants of this Plan, and

(iv) do not fall within

section 10(1)(c.8)

of the Local Authorities Pension Plan,

while they remain employed by Lakeland College;

(c.9) employees of Lakeland College who were participants

of the Plan employed by the Crown to work in AFTS immediately prior to

their transfer to Lakeland College under the transfer agreement, while they

remain employed by Lakeland College;

(6) References in this

section to a provision of this Plan or of the

Local Authorities Pension Plan are to be treated as references to that

provision as treated as altered by sections 117.1 to 117.4 and by this

section and by sections 117.1 to 117.5 of that Plan, as the case may be.

(7) For the purposes of this section, a person who works for the

Crown in AFTS immediately before the effective date of

section 117.5 and

who continues to work in AFTS after that time is deemed to become employed

by Lakeland College at the beginning of the effective date of

section

117.5, regardless of when the person actually becomes employed by it.

(8) This

section is repealed as at the end of December 31, 1998.

Alberta Regulation 48/98

Tobacco Tax Act

TOBACCO TAX AMENDMENT REGULATION

Filed: March 18, 1998

Made by the Lieutenant Governor in Council (O.C. 94/98) pursuant to

section

20 of the Tobacco Tax Act.

1 The Tobacco Tax Regulation (AR 273/83) is amended by this Regulation.

Section 3 is repealed and the following is substituted:

3(1) A wholesaler's or importer's licence expires when the

wholesaler or importer, as the case may be, no longer carries on business

in Alberta as a wholesaler or importer.

(2) This

section applies to licences issued before or after this

section comes into force.

Section 9.1 is amended by striking out "4300" and substituting "4301".

4 Sections 10 and 11 are repealed and the following is substituted:

10(1) The Minister may, on receipt of an application in the form

provided by the Minister, pay a refund of tax

(

a) that was remitted in respect of tobacco that was

stolen or destroyed prior to being sold to a consumer, or

(

b) that was remitted by a wholesaler in respect of

sales made to a wholesaler or retailer on credit, where all or a portion of

the amount of the debt in respect of the sale becomes uncollectible.

(2) The applicant must notify the Minister of the loss within 30

days of the date the applicant first becomes aware of it.

(3) An application for a refund must be accompanied by sales

invoices, ledgers and any other records, documents and evidence required

(

a) to prove the claim, and

(

b) to determine the amount of tax that was remitted,

and the amount of tax to be refunded.

(4) An application for a refund must be received by the Minister,

(

a) in the case of a refund referred to in subsection

(1)(a), within 90 days after the date the theft or destruction was

discovered by the applicant, and

(

b) in the case of a refund referred to in subsection

(1)(b), within 90 days of the earlier of

(

i) the date that a Notice of Bankruptcy or

a notice of the appointment of a receiver is received by the applicant, and

(ii) the date that the applicant identifies

the debt as an amount to be claimed as an uncollectible debt for income tax

purposes.

(5) For the purposes of this section, a debt is not an uncollectible

debt unless the applicant

(

a) has exhausted all efforts to collect the debt that

would reasonably be expected to be made by a creditor who is dealing at

arm's length with a debtor, and

(

b) in the case of a bankruptcy or receivership, has

filed a claim with the trustee or receiver that includes the amount of the

tax owing shown separately.

(6) The amount of refund that the Minister may pay in respect of a

refund referred to in subsection (1)(

b) is to be calculated in accordance

with the following formula:

where

A is the amount of the uncollectible debt at the time

of the application;

B is the original amount of the debt at the time of

the sale;

C is the amount of tax that was remitted relating to

the sale.

Section 12(2) is amended by striking out "10(5) or 11(3)" and

substituting "10(2)".

Section 12.1 is amended by striking out "Provincial Treasurer" wherever

it occurs and substituting "Minister".

Section 12.2 is repealed and the following is substituted:

12.2(1) A person who wishes to become registered as an exempt sale

retailer must apply to the Minister in a form provided by the Minister in

respect of each location in which the person intends to make tax-exempt

sales.

(2) A person registered under this

section is subject to the terms

and conditions imposed by the Minister.

(3) No person shall sell tobacco without collecting the tax imposed

by the Act unless the Minister has acknowledged the registration of the

person as an exempt sale retailer.

(4) The Minister may refuse to register a person as an exempt sale

retailer

(

a) if the person has contravened

(

i) the Act or the regulations made under

the Act,

(ii)

an Act or regulation of Alberta that

imposes any tax, or

(iii) a law in force in another jurisdiction

that governs the sale of tobacco or the levying of a tax on tobacco in that

jurisdiction,

(

b) if the person is not dealing at arm's length with a

person who has contravened a law referred to in clause (a).

(5) The Minister may cancel or suspend the registration of an exempt

sale retailer if the Minister is satisfied that the exempt sale retailer

has contravened the Act or the regulations made under the Act or any other

Act or regulation of Alberta that imposes any tax.

Section 13(2) is repealed and the following is substituted:

(2) An exempt sale retailer may make tax-exempt sales only to

persons referred to in subsection (2.1).

(2.1) Notwithstanding

section 3 of the Act, the following are exempt

from the payment of tax:

from the purchaser certification that the purchase is for the use of the

(

b) a member of the Diplomatic Corps eligible for

inclusion in the Diplomatic Consular and other Representatives in Canada,

countries stationed in Canada, where the tobacco is for consumption by the

purchaser or by others at the purchaser's expense;

(

c) an Indian or Indian band only if

(

i) the purchaser presents to the exempt

sale retailer at the time of purchase, a valid identification card issued

under

section 13.2,

(ii) it is reasonable to believe that the

tobacco is not being purchased for resale or for export to another

jurisdiction, and

(iii) the sale is made

(

A) on a reserve, or

(

B) on the settlement known as

the Garden River Settlement, located in the south-west corner of Wood

Buffalo National Park, if the sale is made between September 10, 1997 and

September 9, 1998 or such later date as the Minister determines.

Section 13.1 is repealed and the following is substituted:

13.1(1) The Minister may require an exempt sale retailer to complete

a voucher for some or all of the tax-exempt sales made by an exempt sale

retailer, and may determine the information that is to be contained in the

voucher.

(2) The Minister may require an exempt sale retailer to complete and

maintain records in electronic form instead of vouchers, and may determine

the nature and form of the records to be maintained.

(3) An exempt sale retailer shall not make a tax-exempt sale unless

the retailer has complied with subsection (1) or (2), as the case requires.

Section 13.2 is amended

(

a) in subsection (3) by adding "or the band has an office in

Alberta" after "Alberta";

(

b) by repealing subsection (5) and substituting the following:

(5) If an identification card is lost, stolen or destroyed, the

Minister shall, on application in the form provided by the Minister, issue

a replacement card.

(6) The Minister may cancel an identification card

(

a) if the Minister is satisfied that the holder of the

identification card does not meet the requirements of subsection (2), in

the case of an Indian, or subsection (3), in the case of an Indian Band, or

(

b) if the card has been lost, stolen or destroyed.

Section 13.3 is repealed and the following is substituted:

13.3(1) The Minister may pay to an exempt sale retailer a refund of

an amount of tax the exempt sale retailer has remitted on tax-exempt

sales.

(2) An application for a refund shall be made in a form and manner

determined by the Minister and shall be accompanied by any information

required by the Minister.

(3) An application for a refund made under this

section shall be

forwarded to the Minister.

(4) The Minister shall, as soon as possible, review the application

for refund.

(5) If the Minister refuses to refund all or a portion of an amount

claimed under this section, the Minister shall cause to be given to the

exempt sale retailer a notice of disallowance specifying the amount that

the Minister will not refund, and the reasons for the refusal.

Section 14.1 is amended

(

a) in subsection (1) by adding "at a mark-point" after "tobacco";

(

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

(3) A marking permit holder shall not mark packages, cartons or

cases anywhere other than at a mark-point.

Section 14.2 is amended by striking out "and fine" and substituting

"or fine".

Section 14.4 is amended by striking out "with the following text on

the tear tape" and substituting "by a marking permit holder with the

following text on a tear tape approved by the Minister".

Section 14.5 is amended by adding "by a marking permit holder" after

"imprinted".

Section 14.6(1) is amended by adding "by a marking permit holder"

after "marked".

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

Alberta Regulation 49/98

Forests Act

CASTLE SPECIAL MANAGEMENT AREA FOREST

LAND USE ZONE REGULATION

Filed: March 18, 1998

Made by the Lieutenant Governor in Council (O.C. 99/98) pursuant to

section

46 of the Forests Act.

Table of Contents

Definitions 1

Zone established 2

Duty to comply 3

Vehicular traffic 4

Order 5

Schedule

Definitions

1 In this Regulation,

(a) "highway" means that part of a secondary road, bridge, parking

lot or other place intended for use by on-highway vehicles;

(b) "motor vehicle" means a motor vehicle as defined in the Highway

Traffic Act;

(c) "off-highway vehicle" means a motor vehicle used for

cross-country travel on land or water but does not include snow vehicles or

motor boats;

(d) "on-highway vehicle" means a motor vehicle designed for travel

on a highway;

(e) "open fire" means a fire that is not confined to a facility

designed to contain fire;

(f) "registered trapping area" means an area or location defined

and registered under the Wildlife Act for the taking of fur-bearing animals

and fur-bearing carnivore on it by a licensed trapper;

(g) "secondary road" means any publicly owned road other than a

primary highway as defined in the Public Highways Development Act;

(h) "snow vehicle" means a motor vehicle designed and equipped to

be driven exclusively or chiefly on snow or ice or both;

(i) "Zone" means the Castle Special Management Area Forest Land Use

Zone.

Zone established

2 The area of forest land described in the

Schedule to this Regulation is

declared to be a forest land use zone named the Castle Special Management

Area Forest Land Use Zone.

Duty to comply

3 Every person who is within the Zone shall comply with

(

a) the lawful orders and instructions of a forest officer, and

(

b) the instructions, prohibitions and directions contained in

signs and notices posted in or about the Zone.

Vehicular traffic

4(1) Subject to subsections (2) and (4), no person shall, within the Zone,

operate

(

a) an on-highway vehicle, except on a highway, or

(

b) an off-highway vehicle or snow vehicle.

(2) The operation of a motor vehicle is permitted within the Zone in areas

or on trails that have been designated for that purpose by signs or notices

posted in the Zone, or by the written instructions of a forest officer.

(3) A person operating a motor vehicle within the Zone shall, at the time

of entry into the Zone, obtain a copy of, and comply with, any written

instructions referred to in subsection (2) that are then available.

(4) The operation of a motor vehicle on land within the Zone which is not

a highway is permitted

(

a) to transport an employee of the Government in the course of the

employee's employment,

(

b) where the vehicle is being used to conduct, or to transport any

person or equipment to be employed or used in, work within the Zone that

has been approved by the Minister,

(

c) to remove a sick, injured or deceased person from the Zone or,

(

d) at places within the limits of a registered trapping area

located within the Zone where the use of a vehicle is approved in writing

by a forest officer.

Order

5 A forest officer may order a person in the Zone to refrain from doing

anything that, in the opinion of the forest officer is dangerous to life or

property or detrimental to the management or use of any road, trail or

route within the zone.

SCHEDULE

All those portions of the following land as shown outlined on a plan on

file in the Department of Environmental Protection as No. 5932 GEN.

In Township 2, Range 30, West of the 4th Meridian

The north half of

section 31

In Township 2, Range 1, West of the 5th Meridian

The northwest quarter of

section 29

The north half of

section 30

Section 31

The west half of

section 32

The north half and southeast quarter of

section 34

Sections 35 and 36

In Township 2, Range 2, West of the 5th Meridian

The north halves of sections 25, 26 and 33

Sections 34, 35 and 36

In Township 3, Range 30, West of the 4th Meridian

The north half and southwest quarter of

section 4

Fractional sections 5, 8, 17, 20, 29 and 32

Sections 9 and 16

In Township 3, Range 1, West of the 5th Meridian

Sections 1 to 36 inclusive

In Township 3, Range 2, West of the 5th Meridian

Sections 1 to 4 inclusive

The north half of

section 5

Sections 6 to 36 inclusive

In Township 3, Range 3, West of the 5th Meridian

Section 1

The northeast quarter of

section 2

The northeast quarter of

section 7

The north half of

section 8

Section 9

The north half and southeast quarter of

section 10

Sections 11 to 30 inclusive

The north half and southeast quarter of

section 31

Sections 32 to 36 inclusive

In Township 3, Range 4, West of the 5th Meridian

The northeast quarter of

section 36

In Township 4, Range 1, West of the 5th Meridian

Sections 1 to 12 inclusive

Sections 15 to 20 inclusive

Sections 29 to 32 inclusive

In Township 4, Range 2, West of the 5th Meridian

Sections 1 to 36 inclusive

In Township 4, Range 3, West of the 5th Meridian

Sections 1 to 36 inclusive

In Township 4, Range 4, West of the 5th Meridian

Sections 1 and 2

The northeast quarter of

section 3

The east half of

section 10

Sections 11 to 14 inclusive

The north half and southeast quarter of

section 15

Sections 21 to 27 inclusive

The south half and northeast quarter of

section 28

Sections 33 to 36 inclusive

In Township 5, Range 2, West of the 5th Meridian

Sections 1 to 8 inclusive

In Township 5, Range 3, West of the 5th Meridian

Sections 1 to 36 inclusive

In Township 5, Range 4, West of the 5th Meridian

Sections 1 to 5 inclusive

The east half of

section 6

Sections 7 to 36 inclusive

In Township 5, Range 5, West of the 5th Meridian

The northeast quarter of

section 11

The north half of

section 12

Section 13 and 14

The east half of

section 22

Sections 23 to 27 inclusive

Sections 34, 35 and 36

In Township 6, Range 3, West of the 5th Meridian

Sections 1 to 8 inclusive

The south half and northwest quarter of

section 9

The west half of

section 16

Sections 17 to 21 inclusive

Sections 28 and 29

The south half and northeast quarter of

section 30

The southeast quarter of

section 31

The south halves of sections 32 and 33

In Township 6, Range 4, West of the 5th Meridian

Sections 1 to 35 inclusive

The south half and northwest quarter of

section 36

In Township 6, Range 5, West of the 5th Meridian

Sections 1, 2 and 3

Sections 10 to 15 inclusive

Sections 22 to 27 inclusive

The southeast quarter of

section 34

Sections 35 and 36

In Township 7, Range 4, West of the 5th Meridian

The south half of

section 2

Sections 4 to 8 inclusive

Sections 17 and 18

The southeast quarter of

section 19

The south half of

section 20

In Township 7, Range 5, West of the 5th Meridian

Section 1

The east half of sections 2 and 11

Section 12

The south half of

section 13

The southeast quarter of

section 14

The intervening theoretical road allowances within all the above land

Excepting thereout all mines and minerals and the right to work the same

out of all the above land.

SAVING AND EXCEPTING

1) Miscellaneous Leases numbered MLL 2867, MLL 780078, MLL 810055, MLL

860092 and MLL 910051.

2) Mineral Surface Leases numbered MSL 205, MSL 230, MSL 308, MSL 322,

MSL 1365, MSL 10358, MSL 10597, MSL 12127, MSL 12464, MSL 12493, MSL 12513,

MSL 12677, MSL 770595, MSL 771408, MSL 781155, MSL 800863, MSL 800898, MSL

801559, MSL 851000, MSL 860750, MSL 860770, MSL 860771, MSL 870066, MSL

870067, MSL 870068, MSL 870551, MSL 870751, MSL 871127, MSL 880824, MSL

882214 and MSL 900857.

3) Pipeline Installation Leases numbered PIL 9, PIL 11, PIL 12, PIL 13,

PIL 14, PIL 15, PIL 16, PIL 17, PIL 18, PIL 22, PIL 176, PIL 195, PIL 202,

PIL 204, PIL 290, PIL 760044, PIL 810041, PIL 850060, PIL 850061, PIL

900012, PIL 900013, PIL 900086 and PIL 910015.

4) Recreational Leases numbered REC 2397, REC 780041 and REC 930002.

5) Surface Material Leases numbered SML 860059, SML 960034 and SML

6) Block 1 as shown on Settlement Plan No. 8511254 (4175 GEN)

(Pt. Theoretical N « 24 & S « 25 Tp. 4, R 4, W 5th Mer)

(Pt. Intervening Theoretical Road Allowance).

7) Lots 2, 3, 4, 5, 6 and 7 as shown on Settlement Plan No. 971 1993

(5840 GEN)

(Pt. Theoretical E « 24 and S « 25 Tp. 4, R 4, W 5th Mer)

(Pt. Intervening Theoretical Road Allowance).

8) Beaver Mines Lake Recreation Area

Castle River Bridge Recreation Area

Castle Falls Recreation Area

Lynx Creek Recreation Area

Syncline Recreation Area.

9) Departmental Reservation No. DRS 800075 in favour of Alberta

Transportation and Utilities.

10) Right of Entries as authorized under files numbered ROE 201, ROE 310,

ROE 639, ROE 4410, ROE 5157, ROE 5440, ROE 6997, ROE 7331, ROE 7386, ROE

7629, ROE 7864, ROE 7865, ROE 7943, ROE 8229, ROE 8392, ROE 8778, ROE 8779,

ROE 9097, ROE 9125, ROE 9148, ROE 9173, ROE 9194, ROE 9268, ROE 730009 and

ROE 740028.

Alberta Regulation 50/98

Safety Codes Act

BUILDING CODE REGULATION

Filed: March 18, 1998

Made by the Lieutenant Governor in Council (O.C. 107/98) pursuant to

section 61 of the Safety Codes Act.

Codes in the building discipline

1 The Alberta Building Code 1997, as established by the Safety Codes

Council and published by the National Research Council of Canada, is

declared in force in respect of buildings.

Repeal

2(1) The Alberta Building Regulation, 1991 (AR 109/91) is repealed.

(2) Notwithstanding subsection (1), the Alberta Building Regulation, 1991

(AR 109/91) remains in force

(

a) for work for which an application for a permit is submitted

prior to August 31, 1998, and

(

b) for work for which a permit is issued by a safety codes officer

or other person designated by an Administrator pursuant to

section 40 of

the Safety Codes Act who is satisfied that the design of the project

commenced prior to June 1, 1998,

until that work has been completed or the permit has expired or been

revoked.

Expiry

3 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 June 1, 2003.

Coming into force

4 This Regulation comes into force on June 1, 1998.

Alberta Regulation 51/98

Safety Codes Act

ENGINEERS' AMENDMENT REGULATION

Filed: March 18, 1998

Made by the Lieutenant Governor in Council (O.C. 108/98) pursuant to

section 61 of the Safety Codes Act.

1 The Engineers' Regulations (AR 319/75) are amended by this Regulation.

Section 1 is amended

(

a) in clause (

d) by adding "by providing general supervision for

the care and operation of a heating plant" after "of a building operator";

(

b) in clause (e.1) by striking out "the Fee Regulation (Alta. Reg.

353/84)" and substituting "Schedule G of the Alberta Boilers Safety

Association Fee

Schedule made under the Boilers Delegated Administration

Regulation (AR 54/95), as amended and as approved by the Minister";

(

c) in clause (

f) by striking out from "who takes charge of a power

plant" to the end of the clause and by substituting "issued before

September, 1998 permitting that person to perform functions as such".

Section 4 is repealed and the following is substituted:

4(1) The following classes of certificate of competency are in

effect in relation to the operation and supervision of pressure equipment:

(

a) First Class Engineer's Certificate of Competency;

(

b) Second Class Engineer's Certificate of Competency;

(

c) Third Class Engineer's Certificate of Competency;

(

d) Fourth Class Engineer's Certificate of Competency;

(

e) a Building Operator A Certificate of Competency

issued before September, 1998;

(

f) Fifth Class Engineer's Certificate of Competency;

(

g) a Fireman's Certificate of Competency issued before

September, 1998;

(

h) a Building Operator B Certificate of Competency

issued before September, 1998;

(

i) Special Boiler Operator's Certificate of

Competency;

(

j) Special Oilwell Operator's Certificate of

Competency.

(2) Certificates of competency in the classes of Building Operator

A, Building Operator B and Fireman are no longer to be issued after August,

1998, but those in force at the end of August, 1998 remain valid in

relation to the operation and supervision of power plants and heating

plants without any change in the activities authorized by them at that

date, subject to their being renewed through the payment of the required

annual fee.

Section 4.1 is repealed.

Section 5 is amended

(

a) in subsection (5) by adding ", Fifth Class Engineer's

Certificate of Competency" after "Fourth Class Engineer's Certificate of

Competency";

(

b) in subsection (6) by adding "Fifth Class Engineer's Certificate

of Competency," after "Fourth Class Engineer's Certificate of Competency,";

(

c) in subsection (7) by adding ", a Fourth Class Engineer's

Certificate of Competency issued after September, 1998" after "Third Class

Engineer's Certificate of Competency";

(

d) in subsection (8) by adding "a Fourth Class Engineer's

Certificate of Competency issued after September, 1998, Fifth Class

Engineer's Certificate of Competency," after "Third Class Engineer's

Certificate of Competency,";

(

e) in subsection (9) by striking out "fourth class" and

substituting "fifth class, other than a certificate of a fourth class

issued before September, 1998,";

(

f) in subsection (10) by adding ", Fifth Class Engineer's

Certificate of Competency" after "Fourth Class Engineer's Certificate of

Competency".

Section 12(1)(

f) is amended by adding "or while holding a Fourth Class

Engineer's Certificate of Competency issued after September, 1998" after

"Building Operator A Certificate of Competency".

Section 13 is amended

(

a) in subsection (1)

(

i) by repealing clause (

a) and substituting the

following:

(

a) of employment for a period of 6 months

assisting in the operation of a power plant having a capacity exceeding 250

kW and of successful completion of a course in power engineering offered

after February 1, 1998 that is satisfactory to the Administrator and that

leads to a Fourth Class Engineer's Certificate of Competency examination,

(ii) by repealing clause (

d) and substituting the

following:

(

d) of employment for a period of 6 months

in a pressure plant in an operating capacity satisfactory to the

Administrator and of successful completion of a course in power engineering

offered after February 1, 1998 that is satisfactory to the Administrator

and that leads to a Fourth Class Engineer's Certificate of Competency

examination, or

(iii) in clause (

f) by adding "or a Fifth Class

Engineer's Certificate of Competency" after "Building Operator's

Certificate of Competency";

(

b) by repealing subsection (2);

(

c) in subsection (5)

(

i) in clause (a)(

i) by adding "Fifth Class Engineer's

Certificate of Competency or a" after "obtaining a";

(ii) in clause (

b) by striking out "obtained the

experience specified in" and substituting "fulfilled the requirements of";

(

d) by adding the following after subsection (7):

(8) Notwithstanding anything in this section, a candidate who holds

a valid Fourth Class Engineer's Certificate of Competency that was issued

before September, 1998 is eligible to write a special examination on the

subject of heating plants after successful completion of

(

a) a period of 6 months' employment in a heating plant

having a capacity exceeding 750 kW in an operating capacity satisfactory to

the Administrator, or

(

b) an upgrading course in heating plant design and

operation that is satisfactory to the Administrator,

and the Administrator shall issue a new Fourth Class Engineer's

Certificate of Competency showing a September, 1998 or later issuing date

to a candidate who obtains 65% or more of the total marks allotted for that

special examination.

(9) Notwithstanding anything in this section, a candidate who holds

a valid Building Operator A Certificate of Competency is eligible to write

a special examination on the subject of power plants after successful

completion of

(

a) a period of 6 months' employment in a power plant

having a capacity exceeding 250 kW in an operating capacity satisfactory to

the Administrator, or

(

b) an upgrading course in power plant design and

operation that is satisfactory to the Administrator,

and the Administrator shall issue a new Fourth Class Engineer's

Certificate of Competency showing a September, 1998 or later issuing date

to a candidate who obtains 65% or more of the total marks allotted for that

special examination.

8 The following is added after

section 13:

13.1(1) To qualify to take a Fifth Class Engineer's Certificate of

Competency examination a candidate must furnish evidence satisfactory to

the Administrator

(

a) of having acted as a fireman operating a boiler or

heating plant for a period of at least 6 months, or

(

b) of having successfully completed a vocational

course in boiler and heating plant operation satisfactory to the

Administrator and leading towards a Fifth Class Engineer's Certificate of

Competency examination.

(2) Three months' credit in place of part of the operating

experience specified in subsection (1) may be granted by the Administrator

on successful completion of a course in boiler and heating plant operation

satisfactory to the Administrator and leading towards a Fifth Class

Engineer's Certificate of Competency examination.

(3) To qualify for a Fifth Class Engineer's Certificate of

Competency, a candidate must receive 65% or more of the total marks

allotted for the examination.

(4) The Fifth Class Engineer's Certificate of Competency examination

must consist of questions relating to the subjects contained in the current

reference syllabus as established by the Administrator for the examination.

(5) Notwithstanding anything in this section, a candidate who holds

a valid Fireman's Certificate of Competency that was issued before

September, 1998 is eligible to write a special examination on the subject

of heating plants after successful completion of

(

a) a period of 3 months' employment in a heating plant

in an operating capacity satisfactory to the Administrator, or

(

b) an upgrading course in heating plant design and

operation that is satisfactory to the Administrator,

and the Administrator shall issue a Fifth Class Engineer's

Certificate of Competency to a candidate who obtains 65% or more of the

total marks allotted for that special examination.

(6) Notwithstanding anything in this section, a candidate who holds

a valid Building Operator B Certificate of Competency is eligible to write

a special examination on the subject of power plants after successful

completion of

(

a) a period of 3 months' employment in a power plant

in an operating capacity satisfactory to the Administrator, or

(

b) an upgrading course in power plant design and

operation that is satisfactory to the Administrator,

and the Administrator shall issue a Fifth Class Engineer's

Certificate of Competency to a candidate who obtains 65% or more of the

total marks allotted for that special examination.

9 The following is added after

section 21:

21.1(1) A person who holds both a valid Fourth Class Engineer's

Certificate of Competency issued before September, 1998 and a valid

Building Operator A Certificate of Competency may exchange those

certificates for a new Fourth Class Engineer's Certificate of Competency

that indicates that it was issued after September, 1998.

(2) A person who holds both a valid Fireman's Certificate of

Competency and a valid Building Operator B Certificate of Competency may

exchange those certificates for a Fifth Class Engineer's Certificate of

Competency.

(3) No fee is payable for an exchange of certificates under

subsection (1) or (2).

Section 23(6) is amended by striking out "Fourth" and substituting "a

Fourth or Fifth".

11 Sections 34 and 35 are repealed.

12 This Regulation comes into force on April 15, 1998.

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

Alberta Regulation 52/98

Safety Codes Act

FIRE CODE REGULATION

Filed: March 18, 1998

Made by the Lieutenant Governor in Council (O.C. 109/98) pursuant to

section 61 of the Safety Codes Act.

Code in force

1 The Alberta Fire Code 1997, as established by the Safety Codes Council

and published by the National Research Council of Canada, is declared in

force in respect of fire protection.

Repeal

2 The Alberta Fire Code Regulation, 1992 (AR 204/92) is repealed.

Expiry

3 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 June 1, 2003.

Coming into force

4 This Regulation comes into force on June 1, 1998.

Alberta Regulation 53/98

Alberta Heritage Savings Trust Fund Act

HERITAGE FUND FOREIGN INVESTMENT LIMITATION

AMENDMENT REGULATION

Filed: March 25, 1998

Made by the Lieutenant Governor in Council (O.C. 111/98) pursuant to

section 17 of the Alberta Heritage Savings Trust Fund Act.

1 The Heritage Fund Foreign Investment Limitation Regulation (AR 265/96)

is amended by this Regulation.

Section 3 is repealed and the following is substituted:

Endowment portfolio

3 The fair market value of investments in the endowment portfolio

that consists of foreign property shall not exceed 35% of the fair market

value of all assets of the endowment portfolio as calculated at the end of

each quarter of the fiscal year.

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

Alberta Regulation 54/98

Alberta Treasury Branches Act

ALBERTA TREASURY BRANCHES AMENDMENT REGULATION

Filed: March 25, 1998

Made by the Lieutenant Governor in Council (O.C. 112/98) pursuant to

section 34 of the Alberta Treasury Branches Act.

1 The Alberta Treasury Branches Regulation (AR 187/97) is amended by this

Regulation.

Section 1 is amended by adding the following after subsection (2):

(3) For the purposes of

section 14 of the Act, "money deposited"

includes a debt obligation issued by Alberta Treasury Branches that

(

a) is issued in Canadian dollars,

(

b) has an original term to maturity of not more than

10 years, and

(

c) is not subordinate to other money deposited with

Alberta Treasury Branches.

Section 24 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) "Capital" for the purposes of this

section is the sum of $750

million plus subordinated debt calculated under subsection (3), plus

retained earnings, plus general allowances against loan losses calculated

under subsection (4) less deductions from capital.

(

b) by adding the following after subsection (3):

(4) The maximum amount of general allowances against loan losses

that may be taken into account in determining capital for the purposes of

this

section is an amount equal to the lesser of

(a) .625% of the risk weighted assets of Alberta

Treasury Branches, and

(

b) an amount prescribed by the Minister.

Section 29(1)(d)(

i) is amended

(

a) in paragraph (

C) by striking out ", bearer deposit notes";

(

b) in paragraph (

D) by adding "and bearer deposit notes" after

"issue".

Section 30(1)(

b) is repealed and the following is substituted:

(

b) increase the amortization period of the loan or mortgage.

Alberta Regulation 55/98

Government Organization Act

MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION

Filed: March 25, 1998

Made by the Lieutenant Governor in Council (O.C. 120/98) pursuant to

section 13 of the Government Organization Act.

1 The Municipal Affairs Grants Regulation (AR 82/78) is amended by this

Regulation.

Section 1 of

Schedule 1 is amended

(

a) in subsection (2) by striking out "and 1997" and substituting

", 1997 and 1998";

(

b) in subsection (3)(

b) by repealing everything occurring before

subclause (ii) and substituting the following:

(b) "senior's accommodation unit" means a housing facility

that is occupied by a senior citizen who rents or leases the facility and

that is part of a property complex

(

i) in which or in any part of which that senior

citizen has no fee simple or life estate interest,

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

Alberta Regulation 56/98

Public Health Act

FOOD AMENDMENT REGULATION

Filed: March 25, 1998

Made by the Lieutenant Governor in Council (O.C. 121/98) pursuant to

section 75 of the Public Health Act.

1 The Food Regulation (AR 240/85) is amended by this Regulation.

2 The following is added after

section 19:

19.1 No person shall, in a food establishment, donate, exhibit,

distribute, supply, sell or offer for sale for human consumption any

pasteurized milk that is past its durable life date, within the meaning of

Part B, Foods, Division 1 of the Food and Drug Regulations, CRC Vol. VIII,

c.870, under the Food and Drugs Act (Canada).

3(1) Division 9 of the Provincial Board of Health Regulations (AR 572/57)

is repealed.

(2) The Provincial Board of Health Regulations Respecting Fluid Milk

Standards (AR 108/72) are repealed.

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

Alberta Regulation 57/98

Government Organization Act

COMMUNITY DEVELOPMENT GRANTS REGULATION

Filed: March 25, 1998

Made by the Lieutenant Governor in Council (O.C. 123/98) pursuant to

section 13 of the Government Organization Act.

Table of Contents

Definitions 1

Authority of Minister 2

Delegation 3

Agreements 4

Application for grants 5

Residency requirement 6

Incorporation 7

Payment of grant 8

Purpose of grant 9

Conditions 10

Accountability 11

Transitional 12

Repeal 13

Expiry 14

Coming into force 15

Schedules

Definitions

1 In this Regulation,

(a) "fiscal year" means April 1 to the next following March 31;

(b) "Minister" means the Minister of Community Development.

Authority of Minister

2(1) The Minister is authorized to make grants that are referred to in the

Schedules.

(2) The Minister is also authorized to make grants to a person or

organization for purposes related to any program, service or other matter

under the administration of the Minister.

Delegation

3 The Minister may, either generally or with regard to any particular

case, delegate in writing to an employee of the Government any power or

duty conferred or imposed on the Minister by this Regulation or by

section

13 of the Government Organization Act.

Agreements

4(1) The Minister may enter into an agreement with an applicant in respect

of any matter relating to the payment of a grant.

(2) The Minister may withhold a grant from an applicant who does not enter

into an agreement referred to in subsection (1).

Application for grants

5 An application for a grant must include or be accompanied by the

following information:

(

a) the name, address and phone number of the applicant;

(

b) if the applicant is incorporated, the corporation's correct

legal name and the address and phone number of its main office in Alberta;

(

c) if the applicant is a partnership, the name, phone number and

residential address of each partner, and the business address and phone

number of the partnership;

(

d) the purpose for which the grant is to be used;

(

e) a detailed budget of the applicant's proposed use of the grant;

(

f) the name and address of the person to whom the grant may be

disbursed;

(

g) any additional information required by the Minister.

Residency requirement

6 In addition to the other requirements of this Regulation, in order for

an individual to receive a grant

(

a) the individual must be a Canadian citizen or permanent resident

of Canada,

(

b) the individual must be ordinarily present in Alberta, and

(

c) the individual's home must be in Alberta.

Incorporation

7 The Minister may require an applicant to incorporate and may withhold a

grant from the applicant if the applicant does not incorporate.

Payment of grant

8(1) The Minister may pay a grant in a lump sum or by instalments.

(2) The Minister may round off any grant to the nearest dollar.

Purpose of grant

9(1) A grant recipient under this Regulation must use the grant only

(

a) for the purpose for which the grant was made, or

(

b) for any variation of that purpose approved by the Minister.

(2) If a grant recipient does not use all the grant for the purpose for

which the grant was made, the recipient must return the unused portion of

the grant to the Provincial Treasurer.

(3) A grant not used for the purpose for which it was made is a debt due

to the Crown and may be recovered from the person or organization to whom

the grant was made by an action in debt.

Conditions

10(1) If a grant recipient does not meet the conditions on which the grant

was made or if the information provided by the recipient to obtain the

grant is determined by the Minister to be false, misleading or inaccurate,

the Minister may require the recipient to pay all or part of the grant to

the Provincial Treasurer.

(2) An amount that a recipient is required to pay to the Provincial

Treasurer under subsection (1) is a debt due to the Crown and may be

recovered from the recipient by an action in debt.

Accountability

11(1) The Minister may at any time require a grant recipient

(

a) to report in writing on the work and activity in respect of

which the grant was made and provide proof of all expenditures made, to the

satisfaction of the Minister, or

(

b) to provide an audited or unaudited financial statement of how

the grant was spent.

(2) A financial statement required by the Minister must be in a form that

is satisfactory to the Minister and be prepared by persons whose

qualifications are satisfactory to the Minister.

(3) A grant recipient must permit the Minister or the Minister's

representative, authorized in writing, to examine, during regular business

hours, the books or records relating to the expenditure of the grant to

determine if the grant has been properly spent.

Transitional

12(1) In this section, "former regulations" means

(

a) the Cultural Grants Regulation (AR 105/84),

(

b) the Historical Resources Grants Regulation (AR 65/83), and

(

c) the Recreation and Parks Grant Regulations (AR 235/75).

(2) The repeal of the former regulations does not affect

(

a) any duties or liabilities of a person or organization that

received a grant under the former regulations, or

(

b) any of the Minister's rights or powers with respect to a person

or organization that received a grant under the former regulations.

Repeal

13 The following regulations are repealed:

(

a) Cultural Grants Regulation (AR 105/84);

(

b) Historical Resources Grants Regulation (AR 65/83);

(

c) Recreation and Parks Grant Regulations (AR 235/75).

Expiry

14 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 March 31, 2003.

Coming into force

15 This Regulation comes into force on April 1, 1998.

SCHEDULE 1

SPECIAL SERVICES AND NEEDS,

EMERGENCIES AND NEW PROGRAMS

1 The Minister may make grants pursuant to this

Schedule to

(

a) provide a special service,

(

b) fill a special need,

(

c) meet an emergency, or

(

d) enable a new program to be started.

2 Any person or organization engaged in any activity related to any

policy, program, service or other matter coming under the administration of

the Minister may apply for a grant under

section 1 of this Schedule.

3 An application for a grant under this

Schedule must be submitted to the

Minister and be in the form specified by the Minister.

4 No grant may be paid under this

Schedule where the Minister finds that

the applicant is eligible for a grant under

(

a) another

Schedule of this Regulation, or

(

b) any program administered by the Alberta Foundation for the

Arts, the Alberta Sport, Recreation, Parks and Wildlife Foundation, the

Alberta Historical Resources Foundation or the Wild Rose Foundation, or

(

c) section 13.1 of the Human Rights, Citizenship and

Multiculturalism Act

in respect of the program for which the grant is requested under this

Schedule.

SCHEDULE 2

PUBLIC LIBRARIES

1(1) In this Schedule,

(a) "appropriation" with respect to a municipal board or library

system board means, subject to subsection (3), the amount of money

appropriated for a year by the municipality or by the members of the

library system for the operation of the municipal library or library

system, minus

(

i) the amount of any money paid to the municipality or

of Alberta by way of a grant for library purposes for that year, and

(ii) the amount of any money paid during that year by

the municipal board or library system board as rent to the municipality or

members of the library system;

(b) "member" in respect of a library system means a municipality,

improvement district, special area, Metis settlement or school authority

that is, under

section 20 or 21 of the Libraries Act, a member of the

library system;

(c) "per resident share of the appropriation" means,

(

i) in respect of a municipal library, the

appropriation for the municipal board divided by the number of residents

of the municipality, and

(ii) in respect of a library system, the appropriation

for the library system board divided by the number of residents of the

members of the library system;

(d) "resident" means,

(

i) in respect of a municipal library, a resident of

the municipality for which the municipal library is established,

(ii) in respect of a library system, a resident of the

area of the municipality, improvement district, special area, Metis

settlement or school authority that is a member of the library system, and

(iii) in respect of a community library, a resident

within the boundaries of the community library.

(2) Unless otherwise provided, words and expressions used in this

Schedule

have the same meanings as in the Libraries Act.

(3) If a member of a library system is a school authority, the amount of

money allocated for the purposes of the definition of "appropriation"

includes the amount of money the school authority allocates for the

operation of the library system from its education grant from the

Government of Alberta.

2 An application for a grant under this

Schedule must be submitted to the

Minister and be in the form specified by the Minister.

3 A board is not eligible for a grant under this

Schedule if it does not

comply with the Libraries Act and the regulations under it.

4(1) For the purposes of this Schedule, the number of residents is to be

determined by using the Official Population List 1997 published by the

Department of Municipal Affairs.

(2) If a library system does not serve a whole municipality, the number of

residents in the part of the municipality that is served by the library

system is to be determined by the Minister in a manner satisfactory to the

Minister using the Official Population List 1997 published by the

Department of Municipal Affairs.

(3) Despite subsections (1) and (2), if an operating grant under

Part 2 of

this

Schedule for 1998 that is calculated using the Official Population

List 1997 is less than if the Official Population List 1991 published by

the Department of Municipal Affairs was used, the operating grant under

Part 2 for 1998 must be calculated using the Official Population List 1991.

5 The amounts of grants set out in this

Schedule are the maximum amounts

of the grants that the Minister is authorized to make, and the Minister may

make grants of lesser amounts if the Minister considers it appropriate.

Part 1

General Grants

6(1) In this section,

(a) "Alberta organization" means

(

i) a corporation incorporated or continued under the

Companies Act or the Business Corporations Act,

(ii) a society incorporated under the Societies Act,

(iii) an ordinary or limited partnership formed in

Alberta,

(iv) a limited partnership formed in a jurisdiction,

other than Alberta, that is registered under

Part 2 of the Partnership Act,

(

v) a municipality,

(vi) an Indian band located in Alberta,

(vii) a Metis settlement, or

(viii) a board, other than a board as defined in the

Libraries Act, society, council, committee or incorporated congregation

established pursuant to an enactment;

(b) "Canadian corporation" means a corporation or society

incorporated or continued in a jurisdiction in Canada, other than Alberta.

(2) Subject to subsection (3), the Minister may make grants to

(

a) boards for completing, amalgamating or restructuring library

systems;

(

b) boards to assist in restructuring due to municipal

reorganization;

(

c) boards, Alberta organizations and Canadian corporations for

research, development and promotion of programs dealing with public library

services;

(

d) boards to assist in resource-sharing through the development of

electronic information-sharing networks in Alberta.

(3) An applicant is not eligible for more than one grant with respect to

each clause of subsection (2) in one fiscal year.

Part 2

Operating Grants

7(1) Subject to subsection (2), the Minister may make grants under this

Part to assist boards in operating libraries and providing library

services.

(2) If a municipal board or library system board has received or is to

receive in a year a grant under this Part with respect to the residents of

a community library, the community board is not eligible for a grant under

this

Part in the same year.

8(1) In this section, "expenditure" in respect of a year means the amount

of money expended in that year for library purposes by a community board

from funds under its control other than

Government of Alberta by way of a grant for library purposes for that year,

and

(

b) funds received from improvement districts or municipal boards

for that year.

(2) The Minister may make a grant to a community board for a year if the

community board had an expenditure in the previous year.

(3) The amount of the grant that the Minister may make is the greater of

(a) $1000, or

(b) 1.5 times the expenditure, up to a maximum of $3 per resident.

9(1) The Minister may, for a year, make a grant to a municipal board in an

amount of $2600 if the population of the municipality is 600 or less.

(2) The Minister may, for a year, make a grant to a municipal board, if

the population of the municipality is greater than 600, in an amount equal

to the greater of

(a) $5250, and

(

b) an amount, not to exceed $4.29 per resident, calculated by

multiplying 1.575 times the per resident share of the appropriation for

that year times the number of residents.

(3) A municipal board is not eligible to receive a grant under subsection

(2) for a year unless the per resident share of the appropriation for the

year is at least $2 per resident.

(4) The Minister may make a grant for a year of $600 to any municipal

board that receives a grant under subsection (1) or (2) for that year.

10(1) The Minister may, for a year, make a grant to a library system

board in an amount, not to exceed $3.22 per resident, calculated by

multiplying 2.1 times the per resident share of the appropriation for the

year times the number of residents.

(2) A library system board is not eligible to receive a grant under

subsection (1) for a year unless the per resident share of the

appropriation for the year is at least $1 per resident.

11 An application for a grant under this Part for a year must include

(

a) in the case of an application submitted by a community board, a

financial statement of the community library for the previous year audited

by persons whose qualifications are satisfactory to the Minister;

(

b) in the case of an application submitted by a municipal board or

library system board, a budget for that year and the audited financial

statements of the municipal library or library system, as the case may be,

for the previous year.

12 The Minister may make a grant to a federation board for a year in an

amount determined by the Minister.

Part 3

Library Services Grants

13(1) Subject to subsections (2) and (3), the Minister may make grants in

accordance with this Part.

(2) An applicant is not eligible for more than one grant under this

Part

in one fiscal year.

(3) If a municipal board or library system board has received or is to

receive a grant under this Part for a year with respect to residents of a

community library, the community board is not eligible for a grant under

this Part for the same year.

14(1) The Minister may make a grant for a year to a municipal board or

community board that receives financial assistance from an improvement

district, summer village or special area, of up to 1.5 times the financial

assistance received in the previous year.

(2) The total grant paid under this Part for a year in respect of an

improvement district, summer village or special area may not exceed $4.08

per resident of the improvement district, summer village or special area,

as the case may be.

(3) The Minister may make a grant for 1998 to a municipal board or

community board that receives financial assistance from a municipality

(

a) that was formerly an improvement district, and

(

b) that was established as a municipality after January 1, 1994

of up to 1.4 times the financial assistance received for 1997.

(4) The total grant paid under subsection (3) may not exceed $3.84 per

resident.

15(1) The Minister may make a grant to a library system board under this

section for a year in respect of

(

a) a member of the library system that does not have a municipal

board, or

(

b) a member of the library system that has a municipal board, but

the municipal board has not applied for a grant for that year under section

(2) A grant under this

section may only be used to provide library

services to public libraries within the library system.

(3) A grant under this

section made in respect of the members referred to

in subsection (1)(

a) or (

b) is calculated on the same basis as the grants

under

section 9(2) of this

Schedule to a maximum of $4.29 times the number

of residents of the members referred to in subsection (1)(

a) or (b).

(4) A library system board is not eligible to receive a grant under this

section for a year unless the per resident share of the appropriation for

the library system board for the year is at least $3 per resident.

16 An application under this Part must be made at the same time and in

the same manner as an application under

Part 2.

Part 4

Establishment Grants

17(1) Subject to subsection (2), the Minister may make an establishment

grant to a library system board to assist in the establishment or

completion of a library system with respect to

(

a) a library system board being established under

section 20 of

the Libraries Act;

(

b) a municipality, improvement district, special area or Metis

settlement becoming a member of the library system;

(

c) a member of the library system undergoing an increase in

population because of the annexation of land from a municipality,

improvement district or special area that was not a member of the library

system.

(2) An establishment grant may not be made to a library system board with

respect to the City of Edmonton or the City of Calgary or in the case of a

merger of 2 or more library systems.

18 The Minister may make an establishment grant of $10.27 times the

number of residents.

19 In addition to the requirements of

section 5 of this Regulation, an

application for a grant under this Part must include

(

a) in the case of a new member joining a library system, evidence

satisfactory to the Minister of the number of residents of the new member

and a copy of the library system's agreement referred to in

section 19 of

the Libraries Act signed by the new member, and

(

b) in the case of an annexation, evidence satisfactory to the

Minister of the number of residents within the boundaries of the annexed

land.

20 An application for a grant under this Part must be submitted within 60

days after the event referred to in

section 17(1) occurs.

SCHEDULE 3

COMMUNITY LOTTERY GRANTS

1 In this Schedule, "community lottery board" means a society

incorporated under the Societies Act for the purpose of performing the

duties and exercising the powers of a community lottery board under this

Schedule.

2 The Minister may make grants pursuant to this

Schedule to fund

project-based initiatives in community services, recreation, culture,

parks, health, education, social services, libraries or the environment.

3(1) A person or organization that wishes to apply for a grant under this

Schedule must submit an application to the community lottery board that the

Minister has designated for the area in which the person or organization

resides.

(2) An application must be in the form specified by the Minister.

(3) In addition to meeting the requirements of

section 5 of this

Regulation, an applicant must also provide to the community lottery board

to which the application is submitted any additional information required

by the board.

(4) A board that receives an application must, after considering the

guidelines established by the Minister and the requirements of this

Regulation, recommend to the Minister that

(

a) a grant be made to the applicant in a specified amount and

subject to certain terms or conditions, or

(

b) the application be refused.

(5) The Minister may, after receiving the recommendation of a board and

any information that the Minister requires from the board or applicant,

(

a) make a grant to the applicant in an amount and on any

conditions that the Minister considers appropriate, or

(

b) refuse the application.

4(1) The Minister may make guidelines establishing eligibility

requirements for applicants for grants under this Schedule.

(2) A community lottery board is not eligible to receive a grant under

this Schedule.

(3) An applicant is not eligible for more than one grant under this

Schedule in respect of the same project in one fiscal year.

5(1) In addition to any conditions imposed by the Minister when making a

grant, a grant made under this

Schedule is subject to the conditions set

out in this section.

(2) Grants may be held unspent by the recipient of the grant if

(

a) the grant is accounted for separately in the recipient's books

and accounts and in the recipient's statement of expenditures and revenues,

and

(

b) any interest that accrues while the grant is held by the

recipient

(

i) is treated in the recipient's books and accounts as

being part of the grant, and

(ii) is spent on the project for which the grant was

made.

(3) A grant that is held unspent under subsection (2) and any interest on

that grant must be spent on the project for which the grant was made within

2 years of receiving the grant.

6 A community lottery board must keep for a period specified by the

Minister all applications for grants and other documents it receives or

creates that are related to applications and must provide them to the

Minister on the Minister's request.

Alberta Regulation 58/98

Government Organization Act

AGRICULTURE, FOOD AND RURAL DEVELOPMENT

GRANT REGULATION

Filed: March 25, 1998

Made by the Lieutenant Governor in Council (O.C. 126/98) pursuant to

section 13 of the Government Organization Act.

Table of Contents

Definition 1

Authority of Minister 2

Purpose of grants 3

Deductions from grant 4

Refund of surplus or repayment 5

Accountability 6

Repeal 7

Expiry 8

Definition

1 In this Regulation, "Minister" means the Minister of Agriculture, Food

and Rural Development.

Authority of Minister

2(1) The Minister is authorized to make grants in accordance with this

Regulation.

(2) The Minister may delegate in writing to an employee of the Government

any power conferred or duty imposed on the Minister under

section 13 of the

Government Organization Act or this Regulation.

(3) The Minister may not under subsection (2) delegate the power to waive

any criteria required to receive a grant.

(4) The Minister may enter into an agreement with respect to any matter

relating to the payment of a grant.

Purpose of grants

3(1) The Minister may make grants to a person or organization for

purposes related to any program, service or other matter under the

administration of the Minister.

(2) An application for a grant must be made in the manner and form that

the Minister determines.

Deductions from grant

4 If a person who is to receive a grant under this Regulation owes money

to the Crown in right of Alberta or the Crown in right of Canada, the

Minister may deduct all or a portion of the money owing from the grant.

Refund of surplus or repayment

5(1) The recipient of a grant may use the money

(

a) only for the purpose for which the grant is made, or

(

b) if the original purpose for which the grant is made is varied

with the consent of the Minister, only for the purpose as varied.

(2) If the recipient of a grant does not use all of the money for the

purpose for which the grant is made, the Minister may require the recipient

of a grant to refund the surplus money to the Provincial Treasurer.

(3) The Minister may require the recipient of a grant to repay all or part

of the money to the Provincial Treasurer if the recipient does not comply

with any conditions of the grant or does not use the money as required

under this Regulation.

Accountability

6 The Minister may at any time require that a recipient of a grant

(

a) provide information to the Minister so that the Minister may

determine whether the recipient is complying with any conditions of the

grant and is using the money as required under this Regulation,

(

b) provide an audited financial statement of the expenditure of

the money, and

(

c) permit a representative of the Minister or the Auditor General,

or both, to examine any books or records to determine whether the money has

been properly expended.

Repeal

7 The Agriculture Grants Regulation (AR 87/78) is repealed.

Expiry

8 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 December 31, 2002.

Alberta Regulation 59/98

Local Authorities Election Act

FORMS AMENDMENT REGULATION

Filed: March 25, 1998

Made by the Minister of Municipal Affairs (M.O. L:129/98) pursuant to

section 160 of the Local Authorities Election Act.

1 The Forms Regulation (AR 272/91) is amended by this Regulation.

2 The list of Form Titles in

Schedule 1 is amended

(

a) with respect to Form 3, by striking out

"Nomination Paper and 11, 21, 22, 27,

Candidate's Acceptance 47,

151"

and substituting

"Nomination Paper and

Candidate's Acceptance

Local Authorities Election Act 11, 21, 22, 27

47, 151

School Act 27(4)";

(

b) with respect to Form 6, by striking out "43" and substituting

"43, 44";

(

c) with respect to Form 8, by striking out

"Voting Register 52, 53, 59, 78"

and substituting

"Voting Register

Local Authorities Election Act 52, 53, 59, 78

School Act 27(4)";

(

d) with respect to Form 14, by striking out "Ballot Account" and

substituting "Ballot Account and Result of Vote".

3 Form 1 of

Schedule 1 is repealed and the following is substituted:

FORM 1 OATH OF RETURNING OFFICER,

DEPUTY, ENUMERATOR, CONSTABLE

LOCAL AUTHORITIES ELECTION ACT

(SECTION 16)

LOCAL JURISDICTION: , PROVINCE OF ALBERTA

ELECTION DATE:

I, (Name of Person Taking Oath) , solemnly swear (affirm)

THAT I will diligently, faithfully and to the best of my ability execute

according to law the office of (Office Appointed To) .

THAT I will not communicate to any person any information obtained at an

election or in the course of carrying out my duties as to the candidate or

candidates for whom a person has voted, or at a vote on a bylaw or

question, as to whether a person has voted for or against a bylaw or

question.

THAT, where applicable, I will not communicate to any person any

information obtained in the course of carrying out my duties as an

enumerator.

THAT I will in all respects maintain and aid in maintaining the absolute

secrecy of the vote.

SWORN (AFFIRMED) before me )

at the of )

in the Province of Alberta this ) (Signature of Person Taking Oath)

day of , 19 . )

_________________________________________

(Signature of Returning Officer or Commissioner for Oaths)

IT IS AN OFFENCE TO SIGN A FALSE AFFIDAVIT

4 Form 3 of

Schedule 1 is repealed and the following is substituted:

FORM 3 NOMINATION PAPER AND

CANDIDATE'S ACCEPTANCE

LOCAL AUTHORITIES ELECTION ACT

(SECTIONS 11, 21, 22, 27, 47, 151)

SCHOOL ACT (SECTION 27(4))

LOCAL JURISDICTION: , PROVINCE OF ALBERTA

We, the undersigned electors of (Name of Local Jurisdiction) ,

nominate (Candidate's Surname) (Given Names) of (Address)

as a candidate at the election about to be held for the

office of (Office Nominated For) of (Name

of Local Jurisdiction) .

Signatures of at least 5 ELECTORS ELIGIBLE TO VOTE in this election in

accordance with sections 27 and 47 of the Local Authorities Election Act

and

section 27(4) of the School Act (if applicable).

Printed Name of Elector

Address of Elector

Signature of Elector

CANDIDATE'S ACCEPTANCE

I, the above named candidate, solemnly swear (affirm):

 THAT I am eligible under sections 21 and 47 (and

section 11, in

the case of Summer Villages) of the Local Authorities Election Act and

section 27(4) of the School Act (if applicable) to be elected to the

office; and

 THAT I am not otherwise disqualified under

section 22 of the

Local Authorities Election Act; and

 THAT I will accept the office if elected; and

 THAT I have read sections 11, 21, 22, 47 and 151 of the Local

Authorities Election Act and

section 27(4) of the School Act (if

applicable) and understand their contents.

Print name as it should appear on the ballot

_______________________________________________________

(Candidate's Surname) (Given Names (may include

nicknames,

but not

titles, i.e., Mr., Mrs., Dr.))

SWORN (AFFIRMED) before me at the )

of )

in the Province of Alberta )

this day of , 19 . )

(Candidate's Signature)

(Signature of Returning Officer or Commissioner for Oaths)

IT IS AN OFFENCE TO SIGN A FALSE AFFIDAVIT

OF A FORM THAT CONTAINS A FALSE STATEMENT

5 Forms 6 to 8 SV of

Schedule 1 are repealed and the following is

substituted:

FORM 6 BALLOT

LOCAL AUTHORITIES ELECTION ACT

(SECTIONS 42, 43, 44)

BALLOT FORM FOR CHIEF ELECTED OFFICIAL

(List Names of Candidates Below)

This ballot shall not be marked for more than one (1) candidate.

BALLOT FORM FOR OTHER OFFICES

(List Names of Candidates Below)

The maximum number of candidates that can be voted for is (Number)

USING SEPARATE BALLOTS FOR EACH OFFICE

A separate ballot shall be used for:

the office of chief elected official;

the offices of councillors;

the office of school representative or trustee.

BALLOT FOR A VOTE ON A BYLAW OR QUESTION

The wording on a ballot for a vote on a bylaw or question shall be

determined by a resolution of the elected authority. The form of the

ballot may be determined by a resolution of the elected authority, however

if no resolution is passed the returning officer must determine the form.

ARRANGING THE NAMES ON THE BALLOTS

The names of the candidates on each ballot must be arranged

alphabetically in order of the surnames and, if 2 or more candidates have

the same surname, the names of those candidates shall be arranged

alphabetically in order of their given names.

If an elected authority passes a bylaw 2 months before an election

that provides that ballots be printed in as many lots as there are

candidates for the office,

section 43(3) applies.

INDICATING THE NUMBER OF CANDIDATES THAT CAN BE VOTED FOR

Every ballot used in an election for a member of an elected authority

must contain a brief explanatory note stating the maximum number of

candidates that can be voted for in order not to make the ballot void, and

every ballot used in an election for chief elected official must contain a

brief explanatory note stating that the ballot shall not be marked for more

than one (1) candidate.

FORM 7 INSTRUCTIONS FOR ELECTORS

LOCAL AUTHORITIES ELECTION ACT

(SECTION 45)

TO VOTE:

Mark each ballot by placing an "X" in the space provided on the

right hand side opposite the name of the candidate(

s) of your choice. The

ballot indicates the maximum number of candidates that can be voted for.

You may vote for less than the maximum number, but not for more.

EXAMPLES OF HOW TO MARK BALLOTS

BALLOT FORM FOR THE ELECTION OF

CHIEF ELECTED OFFICIAL (CEO)

This ballot shall not be marked for more than one (1) candidate.

BALLOT FORM FOR OTHER THAN THE ELECTION OF

CHIEF ELECTED OFFICIAL (CEO)

The maximum number of candidates that can be voted for is three (3).

Fold each ballot so that your markings are concealed and the

initials of the deputy who issued the ballot(

s) are visible.

AFTER MARKING YOUR BALLOT(S):

Hand the ballot(

s) to the deputy supervising the ballot box.

The deputy will deposit the ballot(

s) in the ballot box.

You have now completed the voting process. Please leave the

voting station.

BYLAW OR QUESTION BALLOT:

In the case of a ballot for a bylaw or question, mark the

ballot by placing an "X" opposite either "For" or "Against" or opposite

either "Yes" or "No".

SPOILED BALLOT(S):

If you have marked your ballot in error, or defaced it in any

way, you may return it and obtain a replacement from the deputy who gave it

to you.

If a ballot is torn, defaced, or otherwise dealt with by an elector

so that the elector can be identified, the ballot is void and shall not be

counted.

- A PERSON MAY ONLY VOTE ONCE -

IT IS AN OFFENCE TO TAKE A BALLOT

OUT OF A VOTING STATION

FORM 8 VOTING REGISTER

LOCAL AUTHORITIES ELECTION ACT

(SECTIONS 52, 53, 59, 78)

SCHOOL ACT (SECTION 27(4))

LOCAL JURISDICTION: , PROVINCE OF ALBERTA

ELECTION DATE:

VOTING SUBDIVISION OR WARD

(If Applicable): VOTING STATION:

STATEMENT OF ELECTOR ELIGIBILITY

I, (Name of Elector) of (Address of Elector)

am eligible to vote at the above mentioned election because:

 I have not voted before in this election;

 I am 18 years of age or older;

 I am a Canadian citizen;

 I have resided in Alberta for the six (6) consecutive

months immediately preceding Election Day;

 I am resident in the Voting Subdivision or Ward on

Election Day; and

 I am eligible to vote for:

Where applicable: (Check [ ] One) A Public School Trustee

A Separate School Trustee

(Signature of Elector)

IT IS AN OFFENCE TO SIGN A FALSE STATEMENT

DEPUTY RETURNING OFFICER

VOTER NUMBER:

BALLOTS ISSUED TO ELECTOR (Check [ ])

Chief Elected Official Bylaw or Question

Councillors

Separate School Trustee

Public School Trustee

OBJECTION TO PERSON VOTING

Name of Candidate/Agent Making Objection:

Deputy's Initials:

Reason for Objection:

INCAPACI-TATED ELECTOR

Ballot of Incapacitated Elector Was Marked By Another Person:

(Check [ ])

Reason:

OTHER

FORM 8 SV VOTING REGISTER

FOR SUMMER VILLAGES

LOCAL AUTHORITIES ELECTION ACT

(SECTIONS 11, 52, 53, 59, 78)

LOCAL JURISDICTION: , PROVINCE OF ALBERTA

ELECTION DATE:

VOTING SUBDIVISION OR WARD

(If Applicable): VOTING STATION:

STATEMENT OF ELECTOR ELIGIBILITY

I, (Name of Elector) of (Address of Elector)

am eligible to vote at the above mentioned election because:

 I have not voted before in this election;

 I am 18 years of age or older;

 I am a Canadian citizen;

 I am named on the tax roll as the person liable to

pay property taxes for property within the summer

village or the spouse of the person named;

 I have resided in Alberta for the six (6) consecutive

months immediately preceding Election Day and I

am a resident of the Summer Village on Election Day.

(Signature of Elector)

IT IS AN OFFENCE TO SIGN A FALSE STATEMENT

DEPUTY RETURNING OFFICER

VOTER NUMBER:

BALLOTS ISSUED TO ELECTOR (Check [ ])

Chief Elected Official Bylaw or Question

Councillors

OBJECTION TO PERSON VOTING

Name of Candidate/Agent Making Objection:

Deputy's Initials:

Reason for Objection:

INCAPACI-TATED ELECTOR

Ballot of Incapacitated Elector Was Marked By Another Person:

(Check [ ])

Reason:

OTHER

6 Forms 11 and 12 of

Schedule 1 are repealed and the following is

substituted:

FORM 11 STATEMENT OF INTERPRETER,

INCAPACITATED ELECTOR,

FRIEND OF INCAPACITATED ELECTOR

LOCAL AUTHORITIES ELECTION ACT

(SECTIONS 72, 78)

LOCAL JURISDICTION: , PROVINCE OF ALBERTA

ELECTION DATE:

VOTING SUBDIVISION OR WARD (If Applicable):

VOTING STATION:

STATEMENT OF INTERPRETER

I, (Name of Interpreter) of (Address)

in the Province of Alberta, will faithfully translate such statements,

questions and answers that the deputy returning officer may require to be

translated at this election and I will keep secret all information which

may come to me by virtue of being the interpreter for (Name of

Elector) .

(Signature of Interpreter)

Deputy's Initials

STATEMENT OF INCAPACITATED ELECTOR

VERBAL STATEMENT

Are you (Name of Incapacitated Elector) of

(Address ) in the Province of Alberta, unable to mark your ballot

in the usual manner because you are unable to read, or you require

assistance because of blindness, or you require assistance because of a

physical condition?

(Instruction to Deputy: Initial if the elector answers affirmatively to

this question.)

Deputy's Initials

STATEMENT OF FRIEND OF INCAPACITATED ELECTOR

I, (Name of Friend of Incapacitated Elector) of

(Address) in the Province of Alberta, am the friend

of (Name of Incapacitated Elector) , an incapacitated elector. I will

read the ballot to my friend, mark the ballot in accordance with the

elector's instructions, and keep secret all information which may come to

me by virtue of assisting the elector.

(Signature of Friend of Incapacitated Elector)

Deputy's Initials

IT IS AN OFFENCE TO MAKE OR

SIGN A FALSE STATEMENT

(FILE WITH ELECTOR'S VOTING REGISTER FORM)

FORM 12 STATEMENT FOR ADVANCE VOTE

LOCAL AUTHORITIES ELECTION ACT

(SECTIONS 76, 77)

LOCAL JURISDICTION: , PROVINCE OF ALBERTA

ELECTION DATE:

VOTING SUBDIVISION OR WARD (If Applicable):

VOTING STATION:

I, (Name of Elector) of (Address of Elector)

, am eligible to vote at the above mentioned election and:

(Check [ ])

I have reason to believe that I will be absent from (Name of

Local Jurisdiction) on election day as noted above, and unless I am

permitted to vote prior to election day, I will be unable to cast my vote

at this election.

Because of physical disability, it will be impossible or extremely

difficult to attend at the regular voting station and unless I am permitted

to vote prior to election day, I will be unable to cast my vote at this

election.

Because I am a senior who lives in a senior's accommodation facility

where an institutional voting station is established and I am unable to

vote at the time established for the institutional vote and, unless I am

permitted to vote prior to election day, I will be unable to cast my vote

at this election.

Because of religious reasons I am unable to vote on election day and,

unless I am permitted to vote prior to election day, I will be unable to

cast my vote at this election.

(Signature of Elector)

IT IS AN OFFENCE TO SIGN A FALSE STATEMENT

7 Forms 14 to 16 of

Schedule 1 are repealed and the following is

substituted:

FORM 14 BALLOT ACCOUNT

and RESULT OF VOTE

for (Name of Office, Bylaw, or Question)

LOCAL AUTHORITIES ELECTION ACT

(SECTIONS 88, 89)

LOCAL JURISDICTION: , PROVINCE OF ALBERTA

DATE OF ELECTION:

VOTING SUBDIVISION OR WARD (If Applicable):

VOTING STATION:

Result of Vote

Names of Candidates

(or Question, or Description of Bylaw)

Number of VALID Ballots Marked for Each Candidate (or For and Against on a

Question or Bylaw)

(Continue on Reverse if Required)

Ballot Account

(

a) Number of Ballots Supplied ========

(

b) Valid Ballots _______

Valid Ballots Objected To _______

(

c) Rejected Ballots +_______

Rejected Ballots On Which No

Vote Was Cast By An Elector ______

(

d) Spoiled Ballots +_______

(

e) Unused Ballots +_______

(

f) Ballots Not Accounted For +_______

*Total Ballots = ========

*Total Ballots in (b), (c), (d), (

e) and (

f) must equal number in (a).

DATED this _______ day of ________________ , 19______.

(Signatures of at least 2 Deputies) (Signatures of Candidates/Agents

who desire to sign)

________________________________ ______________________________

________________________________ ______________________________

(HAND THIS FORM TO THE RETURNING OFFICER)

FORM 15 DISCLAIMER BEFORE A COMPLAINT

LOCAL AUTHORITIES ELECTION ACT

(SECTION 144)

LOCAL JURISDICTION: , PROVINCE OF ALBERTA

I, (Name of Person Disclaiming) , solemnly swear (affirm) that I

disclaim all right to the office of of (Name of

Local Jurisdiction) and all defence of any right I may have to it.

SWORN (AFFIRMED) before me )

at the of )

in the Province of Alberta this )

day of , 19 . ) (Signature of Person Taking

Oath)

(Signature of Returning Officer or Commissioner for Oaths)

IT IS AN OFFENCE TO SIGN A FALSE AFFIDAVIT

FORM 16 DISCLAIMER AFTER MOTION

LOCAL AUTHORITIES ELECTION ACT

(SECTION 143)

LOCAL JURISDICTION: , PROVINCE OF ALBERTA

I, (Name of Person Disclaiming) , on whom notice of motion in the

nature of quo warranto has been served for the purpose of contesting my

right to the office of of (Name of

Local Jurisdiction) , solemnly swear (affirm) that I disclaim that office

and all defence of any right I may have to it.

SWORN (AFFIRMED) before me )

at the of )

in the Province of Alberta this )

day of , 19 . ) (Signature of Person

Taking Oath)

(Signature of Returning Officer or Commissioner for Oaths)

IT IS AN OFFENCE TO SIGN A FALSE AFFIDAVIT

8 In the following Forms of

Schedule 1, "A.D." is struck out wherever it

occurs:

Form 2;

Form 2 SV;

Form 4;

Form 5.

9 Formulaires 1RA to 3RA of

Schedule 2 are repealed and the following is

substituted:

FORMULAIRE 1RA SERMENT DU DIRECTEUR DU SCRUTIN,

DU SCRUTATEUR, DU RECENSEUR,

DU PR�POSE AU SERVICE D'ORDRE

Local Authorities Election Act

(article 16)

R�GION SCOLAIRE FRANCOPHONE DU Nø____.

PROVINCE D' ALBERTA

DATE D'�LECTION:

Je, soussign‚, (nom du d‚clarant) d‚clare sous serment (ou affirme

solennellement)

QUE je remplirai consciencieusement, fidŠlement et le mieux possible

les fonctions de (poste) conform‚ment … la loi.

QUE je ne divulguerai aucun renseignement obtenu dans le cadre de mes

fonctions et concernant le choix d'un ‚lecteur, lors d'une ‚lection ou d'un

vote portant sur un rŠglement ou une question donn‚e.

QUE je ne divulguerai aucun renseignement obtenu dans le cadre de mes

fonctions de recenseur.

QUE je garderai et veillerai … ce que soit gard‚ … tous ‚gards le

secret absolu du scrutin.

D�CLAR� SOUS SERMENT OU AFFIRM�

SOLENNELLEMENT devant moi … ______ )

dans la province d'Alberta ce _____ jour de )

___________ , 19 ______. ) (signature du d‚clarant)

(signature du directeur du scrutin ou

du commissaire aux serments)

LE FAIT DE SIGNER UNE FAUSSE

D�CLARATION CONSTITUE UNE INFRACTION

FORMULAIRE 2RA AVIS DE MISE EN CANDIDATURE

Local Authorities Election Act

(article 26)

R�GION SCOLAIRE FRANCOPHONE DU Nø_______.

PROVINCE D'ALBERTA

Avis est donn‚ par la pr‚sente que le jour de mise en candidature est fix‚

au (date) et que les noms des candidats … ‚lire aux postes suivants

pourront ˆtre soumis au bureau de l'Autorit‚ r‚gionale de la R�GION

SCOLAIRE FRANCOPHONE DU

Nø de … midi … la date indiqu‚e.

Poste

Nombre de

postes

Subdivision Nø__

(au besoin)

Adresses des bureaux de la R‚gion scolaire francophone du Nø :

DAT� … dans le province d'Alberta, ce jour de

, 19 .

(signature du directeur du scrutin)

Formulaire 3RA MISE EN CANDIDATURE ET

CONSENTEMENT DU CANDIDAT

School Act (article 223.4)

Local Authorities Election Act

(articles 22,27,151)

R�GION SCOLAIRE FRANCOPHONE DU Nø ______.

PROVINCE D'ALBERTA

Nous, les ‚lecteurs soussign‚s de la R�GION SCOLAIRE FRANCOPHONE DU Nø

soumettons la candidature de (Pr‚nom, initiales, nom du candidat) ,

(adresse du candidat) au poste de membre de l'Autorit‚ r‚gionale de la

R‚gion scolaire francophone du Nø .

Signatures d'au moins 5 PERSONNES ayant qualit‚ d'‚lecteur en vertu de

l'article 223.4(1) de la School Act (Loi scolaire) et de l'article 27 de la

Local Authorities Election Act (Loi sur l'‚lection des autorit‚s locales).

Nom de l'‚lecteur*

Adresse de l'‚lecteur

Signature de l'‚lecteur

*PriŠre d'‚crire en lettres moul‚es

CONSENTEMENT DU CANDIDAT

Je, soussign‚, (pr‚noms) (noms)

dont la candidature est soumise ci-dessus, d‚clare sous serment (ou affirme

solennellement):

 QUE je suis ‚ligible au poste … combler en vertu de l'article

223.4(3) de la School Act (Loi scolaire);

 QUE je ne suis frapp‚ d'aucune des causes d'in‚ligibilit‚ pr‚vues par

l'article 223.4(5) de la School Act (Loi scolaire) et l'article 22 de la

Local Authorities Election Act (Loi sur l'‚lection des autorit‚s locales);

 QUE j'accepterai d'assumer la fonction … combler si je suis ‚lu;

 QUE j'ai lu l'article 223.4(3) de la School Act (Loi scolaire) et les

articles 22 et 151 de la Local Authorities Election Act (Loi sur l'‚lection

des autorit‚s locales) et que j'en comprends le contenu.

INSCRIRE le nom tel qu'il devrait apparaŒtre sur le bulletin de vote

_____________________________________________________________

(nom du candidat) (prenom(

s) du candidat peut inclure surnoms

mais pas de titre, i.e., M., Mme, Dr.)

D�CLAR� SOUS SERMENT )

OU D�CLAR� SOLENNELLEMENT )

devant moi … dans la )

province d'Alberta ce )

jour de , 19 . ) (signature du

candidat)

(signature du directeur du scrutin ou

du commissaire aux serments)

LE FAIT DE SIGNER UN FAUX AFFIDAVIT OU UN FORMULAIRE CONTENANT

UNE FAUSSE

D�CLARATION CONSTITUE UNE INFRACTION

10 Formulaire 5RA of

Schedule 2 is amended by striking out "(ou des

‚lecteurs propri‚taires)".

11 Formulaire 6RA of

Schedule 2 is repealed and the following is

substituted:

FORMULAIRE 6RA BULLETIN DE VOTE

Local Authorities Election Act

(articles 42, 43, 44)

Bulletin de vote pour le poste de membre d'une Autorit‚ r‚gionale

(en fran‡ais)

(Indiquez le nom des candidats ci-dessous)

Le nombre maximum de candidats pour lesquels vous pouvez voter est de

(nombre)

BULLETIN DE VOTE PORTANT SUR UN R GLEMENT OU UNE QUESTION VIS�E

Le libell‚ des bulletins de vote portant sur un rŠglement ou une

question donn‚e doit ˆtre d‚termin‚ aux termes d'une r‚solution adopt‚e par

l'Autorit‚ r‚gionale. Le format du bulletin peut ˆtre d‚termin‚ par

l'Autorit‚ r‚gionale, cependant en l'absence de r‚solution, il incombe au

scrutateur de d‚terminer le format du bulletin de vote.

DISPOSITION DES NOMS SUR LES BULLETINS DE VOTE

Les noms des candidats doivent paraŒtre par ordre alphab‚tique sur

chaque bulletin de vote et, quand plusieurs candidats portent le mˆme nom,

ils doivent paraŒtre dans l'ordre alphab‚tique des pr‚noms.

Lorsque l'Autorit‚ r‚gionale adopte, dans les deux mois pr‚c‚dant

l'‚lection, un rŠglement pr‚voyant que les bulletins seront imprim‚s en

autant de lots qu'il y a de candidats aux postes … combler, l'article 43(3)

s'applique.

CONSIGNE RELATIVE AU NOMBRE DE CANDIDATS POUR QUI VOTER

Chaque bulletin servant … l'‚lection d'un membre d'une Autorit‚

r‚gionale doit contenir une brŠve note explicative stipulant le nombre de

candidats pour qui chaque ‚lecteur peut voter afin que son bulletin reste

valide.

12 Formulaire 7RA of

Schedule 2 is amended

(

a) by striking out "Blanc, A. B." and substituting "Nom num‚ro

un";

(

b) by striking out "Bleu, C. D." and substituting "Nom num‚ro

deux";

(

c) by striking out "Jaune, E. F." and substituting "Nom num‚ro

trois";

(

d) by striking out "Rouge, G. H." and substituting "Nom num‚ro

quatre";

(

e) by striking out "Vert, I. J." and substituting "Nom num‚ro

cinq".

13 Formulaires 8RA and 9RA of

Schedule 2 are repealed and the following

is substituted:

FORMULAIRE 8RA REGISTRE DES �LECTEURS

School Act (article 223.4)

Local Authorities Election Act

(articles 52, 53, 59, 78)

AUTORIT� R�GIONALE DE LA R�GION SCOLAIRE FRANCOPHONE DU Nø___.

PROVINCE D'ALBERTA.

DATE D'�LECTION:

SUBDIVISION Nø (AU BESOIN) BUREAU DE SCRUTIN

ATTESTATION DU DROIT DE VOTE DE L'�LECTEUR

Je, soussign‚, r‚sidant … , d‚clare avoir

le droit de voter … l'‚lection ci-dessus mentionn‚e parce que je r‚ponds …

toutes les exigences suivantes:

 Je n'ai pas encore vot‚ … cette ‚lection;

 Je suis un Francophone;

 J'ai un enfant inscrit comme ‚lŠve dans une ‚cole francophone r‚gie

par l'Autorit‚ r‚gionale ci-dessus mentionn‚e;

 J'ai 18 ans r‚volus;

 Je d‚tiens la citoyennet‚ canadienne;

 J'ai r‚sid‚ en Alberta sans interruption pendant les six (6) mois qui

ont pr‚c‚d‚ la date du jour de l'‚lection.

__________________________

(signature de l'‚lecteur)

LE FAIT DE SIGNER UNE FAUSSE D�CLARATION CONSTITUE UNE INFRACTION

OBJECTION L'�LECTEUR

Nom du candidat ou de l'agent faisant l'objection:

Initiales du scrutateur:

Raison de l'objection:

�LECTEUR FRAPP� D'INCAPACIT�

Le bulletin de vote a ‚t‚ marqu‚ par une personne autre que l'‚lecteur

[cocher( )]

Raison:

AUTRE

FORMULAIRE 9RA

D�CLARATION DU SCRUTATEUR

APR S LE D�POUILLEMENT DU SCRUTIN

LOCAL AUTHORITIES ELECTION ACT

(articles 90, 91)

R�GION SCOLAIRE FRANCOPHONE DU Nø .

PROVINCE D'ALBERTA.

DATE D'�LECTION:

SUBDIVISION Nø (AU BESOIN) BUREAU DE SCRUTIN .

Je, soussign‚, (nom du scrutateur) , atteste que le nombre de

personnes qui sont inscrites au registre des ‚lecteurs de ce bureau de

scrutin est de (en chiffres) (en lettres) et que, … ma

connaissance, ces inscriptions ont ‚t‚ faites conform‚ment … la loi.

(signature du scrutateur)

LE FAIT DE SIGNER UNE FAUSSE

D�CLARATION CONSTITUE UNE INFRACTION

14 Formulaire 10RA of

Schedule 2 is amended

(

a) by striking out "PORTANT SUR UN R GLEMENT" where it first

occurs and substituting " UNE ELECTION";

(

b) by striking out "Le fait de signer une fausse d‚claration

consitute une infraction." and substituting "LE FAIT DE SIGNER UNE FAUSSE

D�CLARATION CONSTITUE UNE INFRACTION".

15 Formulaires 11RA and 12RA of

Schedule 2 are repealed and the following

is substituted:

FORMULAIRE 11RA

D�CLARATION D'UN INTERPR TE

D'UN �LECTEUR HANDICAP�

D'UN PERSONNE ASSISTANT

UN �LECTEUR HANDICAP�

Local Authorities Election Act

(articles 72, 78)

R�GION SCOLAIRE FRANCOPHONE DU Nø

PROVINCE D'ALBERTA.

DATE D'�LECTION:

SUBDIVISION Nø (AU BESOIN) BUREAU DE SCRUTIN .

D�CLARATION DE L'INTERPR TE

Je, soussign‚, (nom de l'interprŠte) r‚sidant … (adresse) dans la

province d'Alberta, m'engage … traduire fidŠlement tout ‚nonc‚, question et

r‚ponse que le scrutateur pourrait faire traduire … cette ‚lection et …

garder sous le sceau du secret toute information qui pourrait m'ˆtre

communiqu‚e dans le cadre de mes fonctions d'interprŠte pour le compte de

(nom de l'‚lecteur).

(signature de l'interprŠte)

D�CLARATION DE L'�LECTEUR HANDICAP�

�nonc‚ verbal

tes-vous (nom de l'‚lecteur handicap‚) r‚sidant … (adresse) dans la

province d'Alberta, incapable de marquer votre bulletin de vote dans les

formes prescrites habituelles parce que vous ne pouvez pas lire, ou pour

cause de c‚cit‚ ou d'une autre incapacit‚ physique?

(Instruction au scrutateur: Veuillez initialer si l'‚lecteur r‚pond …

l'affirmative … la question pos‚e ci-dessus.)

D�CLARATION DE LA PERSONNE QUI ASSISTE L'�LECTEUR HANDICAP�

Je, soussign‚, (nom de la personne en question) r‚sidant …

(adresse) dans la province d'Alberta, d‚clare ˆtre la personne

qui assiste (nom de l'‚lecteur handicap‚) , ‚lecteur handicap‚. Je

m'engage … lire le bulletin de vote … l'‚lecteur et … marquer le bulletin

de vote conform‚ment … ses instructions. Je m'engage … garder sous le

sceau du secret toute information que je recevrai en assistant l'‚lecteur

sus-nomm‚.

(signature de la personne assistant l'‚lecteur handicap‚)

LE FAIT DE SIGNER UNE FAUSSE

D�CLARATION CONSTITUE UNE INFRACTION

( CONSERVER DANS LE REGISTRE DES �LECTEURS)

FORMULAIRE 12RA

D�CLARATION - VOTE PAR ANTICIPATION

Local Authorities Election Act

(articles 76, 77)

R�GION SCOLAIRE FRANCOPHONE DU Nø .

PROVINCE D'ALBERTA

DATE D'�LECTION:

SUBDIVISION Nø (AU BESOIN) BUREAU DE SCRUTIN .

Je, soussign‚, (nom de l'‚lecteur) r‚sidant … (adresse de l'‚lecteur)

d‚clare que j'ai le droit de vote … l'‚lection mentionn‚e ci-dessus;

Cocher ( ) une seule case

QUE j'ai lieu de croire que je serai absent de la R�GION SCOLAIRE

FRANCOPHONE DU Nø le jour d'‚lection, et que, … moins

d'ˆtre autoris‚ … voter par anticipation, je ne pourrai pas voter … cette

‚lection.

QUE … cause d'une incapacit‚ physique, il m'est impossible ou

extrˆmement difficile de me rendre au bureau de scrutin, et que, … moins

d'ˆtre autoris‚ … voter par anticipation, je ne pourrai pas voter … cette

‚lection.

QUE ‚tant une personne ƒg‚e r‚sidant dans un ‚tablissement

d'h‚bergement pour personnes ƒg‚es o— un bureau de scrutin institutionel

est ‚tabli, et parce qu'il m'est impossible de voter aux heures design‚es …

moins d'ˆtre autoris‚ … voter par anticipation, je ne pourrai pas voter …

cette ‚lection.

QUE pour des raisons religieuses, il m'est impossible de voter …

cette ‚lection, et que, … moins d'ˆtre autoris‚ … voter par anticipation,

je ne pourrai pas voter … cette ‚lection.

(signature de l'‚lecteur)

LE FAIT DE SIGNER UNE FAUSSE

D�CLARATION CONSTITUE UNE INFRACTION

16 Formulaires 14RA to 16RA of

Schedule 2 are repealed and the following

is substituted:

FORMULAIRE 14RA

RELEV� DES BULLETINS DE VOTE ET

R�SULTAT DU VOTE CONCERNANT

(nom du poste, du rŠglement ou de la question vis‚

e) Local Authorities Election Act

(articles 88, 89)

R�GION SCOLAIRE FRANCOPHONE DU Nø .

PROVINCE D'ALBERTA.

DATE D'�LECTION:

SUBDIVISION Nø (AU BESOIN) BUREAU DE SCRUTIN .

R‚sultat Du Vote

Noms des candidats

(question ou description du rŠglement vis‚)

Nombre de bulletins de vote valides marqu‚s en faveur du candidat (ou pour

ou contre une question ou un rŠglement donn‚)

(�crire au verso

si n‚cessaire)

Relev‚ Des Bulletins

(

a) Nombre de bulletins de vote re‡us: __________

(

b) Bulletins de vote valides: +

Bulletins valides contest‚s

(

c) Bulletins de vote rejet‚s: +

Bulletins rejet‚s sur lesquels aucune

voix n'a ‚t‚ exprim‚e

(

d) Bulletins de vote annul‚s: +

(

e) Bulletins de vote inutilis‚s: +

(

f) Bulletins de vote manquants: +

*Total des bulletins de vote: = ___________

*Le total de b, c, d, e et f doit ˆtre ‚gal au nombre de (

a) Dat‚, ce jour de , 19 .

(Signatures d'au moins (Signatures des

2 scrutateurs) candidats/agents d‚sirant signer)

(VEUILLEZ REMETTRE CE FORMULAIRE AU DIRECTEUR DE SCRUTIN)

FORMULAIRE 15RA

RENONCIATION AVANT UNE PLAINTE

Local Authorities Election Act

(article 144)

R�GION SCOLAIRE FRANCOPHONE DU Nø

Je, soussign‚, , d‚clare sous serment (affirme

solennellement) que je renonce au droit d'occuper la fonction de (titre

de la fonction) de (nom de la localit‚) et … d‚fendre tout droit que

je pourrais avoir … cet ‚gard.

D�CLAR� SOUS SERMENT OU )

AFFIRM� SOLENNELLEMENT )

devant moi … ________ dans la province ) ___________________

d'Alberta ce _______ jour de ____, 19 ___. ) (signature du

d‚clarant)

______________________________ )

(signature du directeur du scrutin

ou du commissaire aux serments)

LE FAIT DE SIGNER UNE FAUSSE

D�CLARATION CONSTITUE UNE INFRACTION

FORMULAIRE 16RA

RENONCIATION SUITE UNE MOTION

Local Authorities Election Act

(article 143)

R�GION SCOLAIRE FRANCOPHONE DU Nø .

Je, soussign‚, , faisant l'objet d'un requˆte en quo

warranto visant … contester l'admissibilit‚ de ma candidature … la fonction

de (titre de la fonction) de (nom de la localit‚) , d‚clare sous serment

(affirme solennellement) que je renonce au droit d'occuper la fonction …

cette fonction et … d‚fendre tout droit que je pourrais avoir … cet ‚gard.

D�CLAR� SOUS SERMENT OU )

AFFIRM� SOLENNELLEMENT )

devant moi … _________ dans la province ) _________________

d'Alberta ce ___ jour de _____, 19 ___. ) (signature du d‚clarant)

______________________________ )

(signature du directeur du scrutin

ou du commissaire aux serments)

LE FAIT DE SIGNER UNE FAUSSE

D�CLARATION CONSTITUE UNE INFRACTION

17 Form 3RA of

Schedule 3 is repealed and the following is substituted:

FORM 3RA NOMINATION PAPER AND

CANDIDATE'S ACCEPTANCE

School Act

(Section 223.4)

Local Authorities Election Act

(Sections 22,27,151)

THE FRANCOPHONE EDUCATION REGION Nø ,

PROVINCE OF ALBERTA.

We, the undersigned electors of The Francophone

Education Region Nø , nominate (name of candidate) of

(address of candidate) as a candidate at the election about to be held

for the office of of the regional authority of

Francophone Education Region Nø .

Signatures of at least 5 ELECTORS ELIGIBLE TO VOTE in this election in

accordance with

section 223.4 of the School Act and

section 27 of the Local

Authorities Election Act.

Printed Name of Elector

Address of Elector

Signature of Elector

CANDIDATE'S ACCEPTANCE

I, the said (Surname) (Given names)

named in the foregoing nomination, solemnly swear (affirm):

 THAT I am eligible under

section 223.4 of the School Act;

 THAT I am not otherwise disqualified under

section 223.4(5) of the

School Act and

section 22 of the Local Authorities Election Act;

 THAT I will accept the office if elected;

 THAT I have read

section 223.4 of the School Act and sections 22 and

151 of the Local Authorities Election Act and understand their contents.

Print name as it should appear on the ballot

(Candidate's Surname) (Given Names (may include

nicknames, but not titles, i.e.,

Mr., Mrs., Dr.))

SWORN (AFFIRMED) before me )

at the of )

in the Province of Alberta this )

day of , 19 . ) (Candidate's Signature)

(Signature of Returning Officer or Commissioner for Oaths)

IT IS AN OFFENCE TO SIGN A