Alberta Regulation 265/98

Marketing of Agricultural Products Act

POTATO GROWERS OF ALBERTA AUTHORIZATION REGULATION

Filed: December 16, 1998

Made by the Alberta Agricultural Products Marketing Council pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Regulations under

section 26 of Act 2

Regulations under

section 27 of Act 3

Repeal 4

Expiry 5

Definitions

1 In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Board" means the Potato Growers of Alberta;

(c) "Plan" means the Potato Growers of Alberta Plan Regulation (AR

274/97);

(d) "producer" means a producer as defined in the Plan;

(e) "regulated product" means regulated product as defined in the

Plan.

Regulations under

section 26 of Act

2 For the purposes of enabling the Board to operate the Plan, the Board

is hereby authorized under

section 26 of the Act to make regulations

(

a) requiring producers engaged in the production or marketing, or

both, of the regulated product to register their names and addresses with

the Board;

(

b) requiring any person who produces, markets or processes the

regulated product to furnish to the Board any information or record

relating to the production, marketing or processing of the regulated

product that the Board considers necessary;

(

c) requiring persons to be licensed under the Plan before they

become engaged in the production, marketing and processing, or any one or

more of those functions, of the regulated product;

(

d) prohibiting persons from engaging in the production, marketing

or processing, as the case may be, of the regulated product except under

the authority of a licence issued under the Plan;

(

e) governing the issuance, suspension or cancellation of a licence

issued under the Plan;

(

f) providing for

(

i) the assessment, charging and collection of service

charges and licence fees, as the case may be, from producers from time to

time for the purposes of the Plan, and

(ii) the taking of legal action to enforce payment of

the service charges and licence fees, as the case may be;

(

g) requiring any person who receives the regulated product from a

producer

(

i) to deduct from the money payable to the producer

any service charges or licence fees, as the case may be, payable by the

producer to the Board, and

(ii) to forward the amount deducted to the Board;

(

h) providing for the use of any class of service charges, licence

fees or other money payable to or received by the Board for the purpose of

paying its expenses and administering this Plan and the regulations made by

the Board;

(

i) providing for the payment to a Canada Board of money that is

payable under a Canada Act.

Regulations under

section 27 of Act

3 For the purposes of enabling the Board to operate the Plan, the Board

is hereby authorized under

section 27 of the Act to make regulations

(

a) requiring any person who provides an agricultural product under

the Plan to furnish to the Board any information requested by the Board;

(

b) requiring that the money payable or owing to a producer for the

regulated product be paid to or through the Board;

(

c) providing for the payment to a producer of the money payable or

owing for the regulated product, less any service charges owing to the

Board by the producer, and fixing the time or times at which or within

which the payments shall be made;

(

d) providing for the collection from any person by legal action of

money owing to a producer for the regulated product.

Repeal

4 The Potato Growers of Alberta Authorization Regulation (AR 260/88) is

repealed.

Expiry

5 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 December 31, 2002.

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

Alberta Regulation 266/98

Government Organization Act

GRANTS, DONATIONS AND LOANS AMENDMENT REGULATION

Filed: December 17, 1998

Made by the Lieutenant Governor in Council (O.C. 542/98) pursuant to

section 13 of the Government Organization Act.

1 The Grants, Donations and Loans Regulation (AR 315/83) is amended by

repealing

Schedule 3 and substituting the following:

SCHEDULE 3

Skills Development Grants

1(1) In this Schedule,

(a) "common law spouse" means, with reference to an

applicant, a man or woman who although not legally married to the applicant

cohabits with the applicant and has, in the opinion of the Minister,

established a permanent relationship with the applicant;

(b) "resident" means

(

i) if the applicant is dependent, an

applicant whose parents have maintained permanent residence in Alberta as

of the date of enrolment in the program for which the applicant has

requested assistance,

(ii) if the applicant is independent, an

applicant who has maintained permanent residence in Alberta for a 12-month

period immediately before the date of the enrolment in the program for

which the applicant has requested assistance, excluding the time spent at a

post-secondary educational institution, and

(iii) notwithstanding subclauses (

i) and

(ii),

(

A) an applicant or a member of

a class of applicants declared to be a resident of Alberta by the Minister,

(

B) a convention refugee as

defined in the Immigration Act (Canada) who is resident in Alberta at the

date of the application for assistance.

(2) For the purposes of this Regulation,

(

a) an applicant is enrolled in a full-time program if

the applicant is enrolled in not less than 60% of a full-time program as

approved by the Minister;

(

b) an applicant is enrolled in a part-time program if

the applicant is enrolled in less than 60% of a full-time program as

approved by the Minister;

(

c) an applicant is independent if the applicant

(

i) is married,

(ii) is widowed,

(iii) is divorced,

(iv) is a single parent,

(

v) is living with a common law spouse,

(vi) has been employed or actively looking

for employment, or both, for 2 periods of at least 12 consecutive months

each,

(vii) has been employed or in full-time

attendance at a post-secondary educational institution or any combination

of employment and full-time attendance for a period totalling 4 years, or

(viii) has been declared an independent

applicant by the Minister;

(

d) an applicant is dependent if the applicant is not

independent.

2(1) The Minister may provide assistance under this

section in the

form of a grant to an applicant who meets the following requirements:

(

a) the applicant is a resident;

(

b) the applicant is participating in one of the

following programs approved by the Minister:

(

i) basic academic, communications or

living skills;

(iii) academic upgrading;

(iv) employability skills;

(

v) occupational and other skills training;

(vi) work experience;

(vii) any other program that in the

Minister's opinion is intended to enhance a person's ability to participate

in further academic or vocational training, to participate in the labour

force or to become self-sufficient;

(

c) the applicant meets one or more of the following

requirements:

(

i) the applicant is 18 years of age or

older and did not attend school in the immediately preceding year;

(ii) the applicant is a single parent or is

married;

(iii) the applicant has had a social

allowance under the Social Development Act discontinued because the

applicant reached the age of 18 years;

(

d) the applicant, in the opinion of the Minister,

(

i) is in financial need,

(ii) has identified, through appropriate

career counselling, an achievable employment goal that the applicant

intends to pursue by taking the minimum amount of training required to

secure that goal, and

(iii) is making acceptable progress toward

that goal;

(

e) the applicant satisfies the Minister that the

applicant requires assistance under this section.

(2) The Minister may waive any of the requirements referred to in

subsection (1)(

a) or (

c) in particular cases where the Minister considers

it appropriate to do so.

(3) The amount of the grant is to be based on the financial need of

the applicant as determined by the Minister.

(4) In determining the financial need of an applicant, the Minister

must consider whether funds are available to the applicant from other

sources.

(5) A grant under this

section must be used to pay for tuition fees,

books, supplies, living expenses and any other expenses approved by the

Minister.

(6) The Minister may refuse to provide a grant under this

section to

an applicant who makes a false or misleading statement in an application

under this Regulation or in any other document required by the Minister or

who furnishes the Minister or the government of Alberta or Canada with any

false or misleading information that, in the opinion of the Minister,

materially affects the applicant's eligibility to receive a grant under

this Schedule.

3(1) Unless otherwise determined by the Minister, the maximum

assistance available to an applicant under

section 2 is,

(

a) in the case of an applicant enrolled in a full-time

program,

(i) $15 800 in a period of not more than 9

months, or

(ii) $23 700 in a period of more than 9

months but not more than 12 months,

and

(

b) in the case of an applicant enrolled in a part-time

program, $600 in a period of not more than 17 weeks, unless the Minister

determines that some other period is appropriate.

(2) The maximum length of time for which an applicant may receive

assistance under

section 2 is 4 years, but the Minister may extend that

period in particular cases where the Minister considers it appropriate to

do so.

4(1) If the Minister provides a grant under

section 2, the Minister

may impose on the recipient any one or more of the following conditions:

(

a) that the fee or accounts payable by the grant

recipient to an educational institution or provider of an approved program

be paid on receipt of the grant;

(

b) that the grant be paid in instalments as prescribed

by the Minister;

(

c) that, if a grant recipient receives a grant for a

specific purpose and, in the opinion of the Minister, that grant is not

being used for that purpose, the grant recipient repay the part of the

grant that has not been used for that purpose;

(

d) that the grant recipient advise the Minister of any

variation in the grant recipient's financial position or circumstances;

(

e) that, if the provider of the program in which the

grant recipient is participating refunds to the grant recipient any fees or

part of fees, the refund be paid by the grant recipient to the Minister.

(2) Any funds repayable by a grant recipient under subsection

(1) must be paid forthwith, unless the Minister otherwise directs.

(3) If a grant is provided to a grant recipient to whom

section 2(6)

applies, the Minister may require the grant recipient to repay forthwith

all or part of the grant to the Provincial Treasurer.

5 The Minister may make a grant under this

section to any person or

organization that provides a program or service that in the Minister's

opinion is required by program participants.

SCHEDULE 4

Canada/Alberta Labour Market

Development Agreement Grants

1 The Minister may provide grants under the Canada/Alberta Labour

Market Development Agreement.

Alberta Regulation 267/98

Municipal Government Act

SLAVE LAKE AIRPORT SERVICES COMMISSION REGULATION

Filed: December 17, 1998

Made by the Lieutenant Governor in Council (O.C. 545/98) pursuant to

section 602.02 of the Municipal Government Act.

Table of Contents

Commission established 1

Members 2

Services 3

Transfer of property 4

Operating deficits 5

Sale of property 6

Profit and surpluses 7

Expiry 8

Schedule

Commission established

1 A regional services commission known as the Slave Lake Airport Services

Commission is established.

Members

2 The following municipalities are members of the Commission:

(

a) Town of Slave Lake;

(

b) The Municipal District of Lesser Slave River No. 124.

Services

3 The Commission is authorized to provide airport services.

Transfer of property

4 The member municipalities shall execute all documents and do all things

necessary to transfer to the Commission all land, buildings, equipment and

inventory listed in the

Schedule to this Regulation.

Operating deficits

5 The Commission shall not assume operating deficits that are shown on

the books of either of its member municipalities.

Sale of property

6(1) The Commission shall not, without the approval of the Lieutenant

Governor in Council, sell any of its land, buildings, equipment or

inventory whose purchase has been funded wholly or partly by grants from

the Government of Alberta.

(2) The Lieutenant Governor in Council may give approval under subsection

(1) if satisfied

(

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

and outstanding debt associated with that portion of the land, buildings,

equipment and inventory to be sold,

(

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

the services the Commission provides, and

(

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

subsequently charged to the customers of the Commission.

Profit and surpluses

7(1) Unless otherwise approved by the Minister, the Commission shall not

(

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

(

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

(2) The Minister's approval may contain any terms or conditions that the

Minister considers appropriate.

Expiry

8 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on September 30, 2003.

SCHEDULE

AIRPORT LAND

Legal Description

Approximate Acres

Land Owner

Lot H, Plan 647 NY

25.98

Lot K, Plan 1070 NY

7.85

Lot J, Plan 735 NY

11.45

Parcel A, Plan 421 TR

32.89

Lot M, Plan 3261 NY

7.22

Airport Extension Plan 678 TR

70.49

Lot R1, Plan 688 NY

1.96

Lot R2, Plan 736 NY

1.47

Lot R3, Plan 1052 NY

1.64

Lot L, Plan 1070 NY

3.89

Pt. NW1, TSP73, R6, W5

9.53

AIRPORT BUILDINGS

Terminal Building

Year of Construction 1972

Area 330 Square

Metres

Construction Type Ordinary Combustible Construction

Metal Siding

Tar and Gravel

Roof

Heating Natural Gas Forced

Air Furnace with Air Conditioning

Type of Use Office Space

Communications

Equipment

Public Areas

with Washrooms

Maintenance Shop

Year of Construction Approximately 1975

Area 232.26 Square

Metres

Construction Type Metal with Steel Frame

Metal Roof

Heating Gas Fired Overhead

Unit Heaters

Type of Use Storage of Equipment

Storage of

Spare Parts

Location of

Runway Lighting Electrical Equipment

Cold Storage Building #1

Year of Construction Unknown

Area 58 Square

Metres

Construction Type Metal with Steel Frame

Heating Unheated

Type of Use Storage of Fertilizer

Storage of

Other Miscellaneous Items

Cold Storage Dock

Year of Construction Unknown

Area 15 Square

Metres

Construction Type Wood Frame with Metal Siding

Heating Unheated

Type of Use Storage of Small

Equipment and Materials

Auxiliary Generator Shed

Year of Construction Unknown

Area 12 Square

Metres

Construction Type Wood Frame with Metal Siding

Heating Unheated

Type of Use Storage of Emergency

Auxiliary Generator

AIRPORT EQUIPMENT AND INVENTORY

Navigational Equipment Original Value

Distance Measuring Equipment $ 50 000 00

Airfield Lighting System 180 000 00

Radio Equipment 8 000 00

Sub Total $238 000 00

Shop Equipment $ 10 000 00

Inventory $ 22 833 33

Grand Total $270 833 33

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

Alberta Regulation 268/98

Personal Property Security Act

PERSONAL PROPERTY SECURITY AMENDMENT REGULATION

Filed: December 17, 1998

Made by the Lieutenant Governor in Council (O.C. 546/98) pursuant to

section 71 of the Personal Property Security Act.

1 The Personal Property Security Regulation (AR 234/90) is amended by

this Regulation.

Section 1(1) is amended

(

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

(i.1) "designated manufactured home" means a designated

manufactured home as defined in

section 284(1)(f.1) of the Municipal

Government Act that is subject to a tax recovery lien under

Part 10,

Division 8.1 of the Municipal Government Act;

(

b) in clause (s)(

i) by adding "a designated manufactured home,"

after "mobile home,".

Section 25.1 is amended

(

a) by renumbering it as

section 25.1(1);

(

b) in subsection (1) by striking out "Where" and substituting

"Subject to subsection (2), where";

(

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

(2) Where a financing statement is submitted for registration

in respect of a statutory charge against a designated manufactured home,

the registering party shall provide a description of the goods by serial

number in accordance with

section 27 and specify the law that creates the

charge.

Section 27(2)(

a) is repealed and the following is substituted:

(

a) a trailer, mobile home, designated manufactured home or motor

vehicle, other than an automobile or truck, is the serial number located on

the chassis,

Schedule 3 is amended

(

a) in Column 1 by adding "Designated Manufactured Homes (Applies

only to registrations under

Part 10, Division 8.1 of the Municipal

Government Act)" below "Trailers";

(

b) in Column 2 by adding "MF" below "TR".

6 This Regulation comes into force on January 1, 1999.

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

Alberta Regulation 269/98

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: December 17, 1998

Made by the Lieutenant Governor in Council (O.C. 548/98) pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 398/94)

is amended by this Regulation.

Section 22 is amended by adding the following after subsection (2):

(3) The Minister of Environmental Protection is designated as the

Minister responsible for the Drainage Districts Act,

chapter D-39.1 of the

Statutes of Alberta 1998.

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

Alberta Regulation 270/98

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION

PLANS AMENDMENT REGULATION

Filed: December 17, 1998

Made by the Lieutenant Governor in Council (O.C. 553/98) pursuant to

section 14 of the Teachers' Pension Plans Act.

1 The Teachers' and Private School Teachers' Pension Plans (AR 203/95)

are amended by this Regulation.

Section 73(7) is amended by striking out "1998" and substituting

"1999".

Section 74(7) is amended by striking out "1998" and substituting

"1999".

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

Alberta Regulation 271/98

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: December 17, 1998

Made by the Lieutenant Governor in Council (O.C. 556/98) pursuant to

section 41 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 233/89) is amended by this Regulation.

2 The following is added before

section 2(d):

(c.1) Dangerous Goods Transportation and Handling Act;

Section 2(p.1) is repealed.

Schedule 2,

Part 21.1 is repealed and the following is substituted:

PART 21.1 - DANGEROUS GOODS

TRANSPORTATION AND HANDLING ACT

1 The specified penalty payable in respect of a contravention of a

provision of the Dangerous Goods Transportation and Handling Act shown in

Column 1 is the amount shown in Column 2 in respect of that provision.

Column 1 Column 2

Item (Section (Specified

Number Number of Penalty in

Act) Dollars)

1 11(a) 600

2 11(b) 600

3 11(c) 600

4 11(d) 600

5 13(2) 600

Schedule 2,

Part 21.2 is repealed and the following is substituted:

PART 21.2 - TRANSPORTATION OF

DANGEROUS GOODS CONTROL REGULATION

1 The specified penalty payable in respect of a contravention of a

Transportation of Dangerous Goods Regulations (SOR/85-77) (Canada), as

adopted and modified by the Transportation of Dangerous Goods Control

Regulation (AR 157/97), shown in Column 1 is the amount shown in Column 2

in respect of that provision.

Column 1 Column 2

Item (Section (Specified

Number Number of Penalty in

Regulation) Dollars)

section 2.33(a),

(c) 600

section 2.33(b) 200

section 2.34 600

section 2.35 600

section 3.1(2) 600

section 3.1.1(1) 600

section 3.1.1(2) 400

section 3.7 600

section 9.2 600

section 9.5 200

section 9.6 200

section 9.8(1)(a),(b) 200

section 9.9(a),(b) 200

section 9.10(a),(b) 600

section 9.11(2)(d),(e) 400

section 9.13(1)(a) 600

section 9.13(1)

(e),(f),(g) 600

section 9.14 200

2 The specified penalty payable in respect of a contravention of a

Dangerous Goods Regulations (SOR/85-77) (Canada), as adopted and modified

by the Transportation of Dangerous Goods Control Regulation (AR 157/97), is

$400.

3 The specified penalty payable in respect of a contravention of a

Transportation of Dangerous Goods Regulations (SOR/85-77) (Canada), as

adopted and modified by the Transportation of Dangerous Goods Control

Regulation (AR 157/97), is $600.

6 Sections 2, 3 and 4 come into force when the Dangerous Goods

Transportation and Handling Act comes into force.

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

Alberta Regulation 272/98

Soil Conservation Act

SOIL CONSERVATION NOTICE REGULATION

Filed: December 17, 1998

Made by the Lieutenant Governor in Council (O.C. 559/98) pursuant to

section 25 of the Soil Conservation Act.

Table of Contents

Definitions 1

Content of notice 2

Form of notice 3

Repeal 4

Expiry 5

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Soil Conservation Act;

(b) "notice" means a notice referred to in

section 4 of the Act.

Content of notice

2 A form of notice must contain at least the following:

(

a) the name of the person to whom the notice is directed;

(

b) the legal description of the land that is the subject of the

notice;

(

c) the general location on the land where the remedial measures

are required;

(

d) the cause of the soil deterioration, if known;

(

e) the remedial measures that are required to be carried out under

the notice;

(

f) the time within which the remedial measures are to be carried

out;

(

g) the date on which the notice is given;

(

h) the name, address and telephone number of the officer who

issued the notice;

(

i) the name of the municipality;

(

j) a statement of the right to appeal given under

section 7 of the

Act.

Form of notice

3 Without restricting the actual format in which a notice may be

prepared, a notice may be in the form shown in the Schedule.

Repeal

4 The Soil Conservation Notice Regulation (AR 74/92) is repealed.

Expiry

5 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 December 31, 2003.

SCHEDULE

NOTICE

(Under

section 4 of the Soil Conservation Act)

To of , Alberta

You are hereby notified that the quarter(

s) of

Section

Township Range West of the Meridian as indicated on

the accompanying diagram is deteriorating due to

and you are hereby directed to take measures to prevent this deterioration

on or before the hour day of

The Following Remedial Measures are Required:

Section

NW NE

SW SE

Location on Property

(approximate)

Date (Soil Conservation Officer)

(Municipality)

(Address)

(Phone)

If this notice is not complied with, action may be taken in accordance with

the provisions of the Soil Conservation Act.

You have the right to appeal this notice under

section 7 of the Soil

Conservation Act.

See appeal procedure requirements on reverse side.

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

Alberta Regulation 273/98

Gas Utilities Act

DESIGNATION AMENDMENT REGULATION

Filed: December 17, 1998

Made by the Lieutenant Governor in Council (O.C. 561/98) pursuant to

section 25.1 of the Gas Utilities Act.

1 The Designation Regulation (AR 171/85) is amended by this Regulation.

Section 1 is amended by repealing clause (e.1) and substituting the

following:

(e.1) AltaGas Utility Holdings Inc.

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

Alberta Regulation 274/98

Public Utilities Board Act

DESIGNATION AMENDMENT REGULATION

Filed: December 17, 1998

Made by the Lieutenant Governor in Council (O.C. 563/98) pursuant to

section 91.1 of the Public Utilities Board Act.

1 The Designation Regulation (AR 173/85) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

e) and substituting the following:

(

e) AltaGas Utility Holdings Inc.

(

b) by repealing clause (m).

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

Alberta Regulation 275/98

Consulting Engineers of Alberta Act

GENERAL REGULATION

Filed: December 17, 1998

Approved by the Lieutenant Governor in Council (O.C. 564/98) pursuant to

section 16 of the Consulting Engineers of Alberta Act.

Table of Contents

Definitions 1

Membership accreditation criteria 2

Reorganizations 3

Annual renewal of registration 4

Repeal 5

Expiry 6

Schedule

Definitions

1 In this Regulation,

(a) "consulting engineering business" does not include a business

operated by

(

i) any municipal or provincial government or the

federal government, or

(ii) an agency of any municipal or provincial government

or the federal government;

(b) "professional engineer" means an individual who holds a

certificate of registration to engage in the practice of engineering under

the Engineering, Geological and Geophysical Professions Act.

Membership accreditation criteria

2 To qualify for registration as a member, an applicant must

(

a) operate a consulting engineering business that offers one or

more of the services listed in the Schedule,

(

b) maintain permanent facilities and have employees in Alberta,

managed by one or more professional engineers,

(

c) have at least 2 years' operating experience as a consulting

engineering business,

(

d) employ a professional engineer in Alberta who has, after

registration as a professional engineer, at least 5 years' experience in a

consulting engineering business, and

(

e) comply with the code of consulting engineering ethics

established by by-law.

Reorganiza-tions

3 The Board may waive compliance with

section 2(

c) if the Board is of the

opinion that

(

a) the applicant's business is essentially a reorganization of an

existing consulting engineering business that would otherwise meet the

requirements of

section 2(c), and

(

b) the main elements of the existing consulting engineering

business are continued in the reorganized form.

Annual renewal of registration

4 To qualify for a renewal of membership, a member must

(

a) satisfy the Registrar that the member

(

i) continues to meet the requirements of this

Regulation, and

(ii) has been complying with the code of consulting

engineering ethics established by by-law,

and

(

b) state on a form provided by the Registrar that the member

undertakes to advise the Registrar promptly if the member ceases to meet

any of the requirements of this Regulation.

Repeal

5 The General Regulation (AR 138/93) is repealed.

Expiry

6 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 December 31, 2003.

SCHEDULE

List of services related to a consulting engineering business for the

purposes of

section 2(a):

(

a) feasibility studies;

(

b) cost estimating;

(

c) conceptual design;

(

d) detailed design;

(

e) analysis;

(

f) specifications;

(

g) testing;

(

h) procurement;

(

i) contract administration;

(

j) inspection;

(

k) project management;

(

l) commissioning;

(

m) training;

(

n) maintenance;

(

o) advisory services;

(

p) expert witnesses;

(

q) research and development.

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

Alberta Regulation 276/98

Safety Codes Act

ELEVATING DEVICES CODES AMENDMENT REGULATION

Filed: December 17, 1998

Made by the Lieutenant Governor in Council (O.C. 558/98) pursuant to

section 61 of the Safety Codes Act.

1 The Elevating Devices Codes Regulation (AR 216/97) is amended by this

Regulation.

Section 3 is amended

(

a) in subsection (1)(

a) by striking out "CAN/CSA-B44-1994" and

substituting "CAN/CSA-B44-94";

(

b) in subsection (1)(

e) by striking out "CAN/CSA-B355-M94" and

substituting "CAN/CSA-B355-94";

(

c) in subsection (2) by striking out "CAN/CSA-B44-1994" and

substituting "CAN/CSA-B44-94";

(

d) in subsection (2) by renumbering clause (

a) as clause (a.3) and

by adding the following before clause (a.3):

(

a) by repealing the definition of "Landing zone" in

article 1.4 and substituting the following:

Landing zone - a zone extending from a point 250 mm

below a landing to a point 250 mm above the landing.

(a.1) by adding the following after

article 3.5.9.1:

3.5.9.1.1

A platform guard may be used as an alternative to a

door restrictor if the platform guard

(

a) meets the requirements of

Clause 3.5.9.1(a), (

c) and (d), and

(

b) is installed so that the

hoistway opening space below the platform guard is limited to not more than

250 mm between the floor and the bottom of the platform guard, regardless

of the location of the elevator car when it is stopped.

(a.2) by repealing

article title 3.6.5.6 and articles

3.6.5.6.1 to 3.6.5.6.3 and substituting the following:

3.6.5.6 Restrictions on Opening of Hoistway Doors

and Car Doors

3.6.5.6.1

When a car is outside a landing zone, the hoistway

doors and car doors shall not be openable more than 102 mm from inside the

car.

3.6.5.6.2

When car doors are designed not to be openable from

inside the car while the car is outside the landing zone, the car doors

must be openable by hand from outside the car without the use of a special

tool.

3.6.5.6.3

Hoistway doors and car doors may be configured to

be unlocked up to 250 mm above or below a landing.

3 This Regulation comes into force on March 1, 1999.

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

Alberta Regulation 277/98

Marketing of Agricultural Products Act

POTATO GROWERS OF ALBERTA MARKETING REGULATION

Filed: December 17, 1998

Made by the Potato Growers of Alberta pursuant to sections 26 and 27 of the

Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Application 2

Prohibitions

General 3

Marketing 4

Application for licence 5

Issue and renewal of licences 6

Refusal, cancellation, suspension and non-renewal 7

Service Charge

Service charge 8

Exemptions from paying service charge 9

Records and Information

Request for information 10

Licensed producer 11

Dealer or processor 12

General

Determination of disputed marketable product 13

Use of funds 14

Legal action 15

Service 16

Transitional, Repeal and Expiry

Transitional 17

Repeal 18

Expiry 19

Definitions

1(1) In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "bin run" means the entire load of potatoes, less all foreign

material, delivered by a licensed producer to a dealer;

(c) "Board" means the Potato Growers of Alberta;

(d) "culled" or "cullage" means potatoes that

(

i) are not marketable product,

(ii) do not meet the requirements specified in a

contract respecting potato processing between a licensed producer and a

processor, or

(iii) do not meet the standards respecting seed potatoes

under the Seeds Act (Canada) and the regulations made under that Act;

(e) "dealer" means any person engaged in the business of marketing

potatoes purchased or received from a licensed producer and includes a

packer;

(f) "farmer's market" means a specific location recognized by the

Alberta Department of Agriculture as a farmer's market where producers of

agricultural products assemble regularly or seasonally to sell their

agricultural products but does not include a motor vehicle from which

agricultural products are sold;

(g) "foreign material" means all material contained in a load of

potatoes other than potatoes whether or not the material is used for

consumption;

(h) "licence" means a licence issued under

section 6;

(i) "licensed producer" means a producer who

(

i) holds a producer's licence, and

(ii) grows potatoes on one or more parcels of land that

in the aggregate exceeds 5 acres;

(j) "marketable product" means potatoes that are graded as Canada

No. 1 Grade or Canada No. 2 Grade, in accordance with the Fresh Fruit and

Vegetable Regulations, C.R.C. c.285 under the Canada Agricultural Products

Act (Canada);

(k) "marketing"

(

i) means buying, owning, selling, offering for sale,

storing, grading, assembling, packing, transporting, advertising or

financing, and

(ii) includes any other function or activity designated

as marketing by the Lieutenant Governor in Council;

(l) "Plan" means the Plan established by the Potato Growers of

Alberta Plan Regulation (AR 274/97);

(m) "processing"

(

i) means changing the nature or form of potatoes from

their raw or natural state, and

(ii) includes any function or activity designated as

processing by the Lieutenant Governor in Council;

(n) "processor" means a person engaged in the business of

processing potatoes.

(2) Words used in this Regulation have the same meaning as they do in the

Plan.

Application

2 This Regulation applies to all persons who produce or market potatoes

unless they are exempted by

(

a) the Plan,

(

b) this Regulation,

(

c) any other regulation made under the Act in respect of the Plan,

(

d) any order or direction of the Council, or

(

e) an order, direction or resolution of the Board.

Prohibitions

General

3 No person shall commence or continue to engage in the production,

marketing or processing of potatoes or carry on the activity of a producer,

dealer or processor unless that person has been issued a licence for that

purpose by the Board.

Marketing

4 No licensed producer shall market potatoes to any person other than in

accordance with this Regulation.

Application for licence

5(1) A person may apply to the Board for one or more licences to operate

(

a) a licensed producer;

(

b) a dealer;

(

c) a processor.

(2) An application for a licence shall contain the information required by

the Board.

(3) The Board may require an applicant for a licence to submit any

additional information the Board considers necessary.

(4) The Board shall consider every application that it receives.

(5) If a person operates in more than one capacity as a licensed producer,

dealer or processor that person shall apply to the Board for a licence for

each such capacity.

(6) An annual resolution of the Board shall fix the fees for a licence

payable by a licensed producer, dealer or processor.

Issue and renewal of licences

6(1) Subject to

section 7, the Board shall issue a licence to an

applicant.

(2) The term of a licence is from August 1 to the next following July 31.

(3) A licence is not transferable.

(4) A licence issued by the Board

(

a) is a licence to engage in the activity stated in the licence,

(

b) is not an endorsement by the Board of the licence holder, and

(

c) shall not be represented by the licence holder or any other

person as an endorsement by the Board.

Refusal, cancellation, suspension and non-renewal

7(1) The Board may refuse to issue a licence

(

a) if the applicant fails to provide information or additional

information required by the Board under

section 5(2) or (3),

(

b) if the applicant has contravened

(

i) the Act,

(ii) the Plan,

(iii) this Regulation,

(iv) any other regulation made under the Act in respect

of the Plan, or

(

v) an order or direction of the Council or the Board,

(

c) for any other reason that in the Board's determination is

appropriate.

(2) The Board may cancel or suspend a licence or refuse to renew a licence

(

a) if the licensee has contravened

(

i) the Act,

(ii) the Plan,

(iii) this Regulation,

(iv) any other regulation made under the Act in respect

of the Plan, or

(

v) an order or direction of the Council or the Board,

(

b) for any other reason that in the Board's determination is

appropriate.

(3) If the Board refuses to issue, cancels, suspends or refuses to renew a

licence, the Board must advise the applicant or licensee in writing of its

decision.

(4) The Board may

(

a) suspend a licence for a period of time that it considers

appropriate, or

(

b) in the case of a licence that is suspended, remove the

suspension.

(5) Where the Board refuses to issue, cancels, suspends or refuses to

renew a licence,

(

a) the licensee must, on receiving notice of the Board's decision,

immediately cease carrying on the activity authorized by the licence, and

(

b) the licensee or applicant, as the case may be, may make an

application for a review under

section 36 of the Act.

(6) The Board may grant a new licence to an applicant whose licence was

suspended, cancelled or not renewed pursuant to this section.

Service Charge

Service charge

8(1) A licensed producer who sells or transfers potatoes to any person

must pay to the Board a service charge of

(a) $0.12 for each 100 pounds of potatoes sold for table use or for

seed,

(b) $0.0725 for each 100 pounds of potatoes sold for processing,

and

(c) $0.05 for each 100 pounds of culled potatoes used for

processing.

(2) A licensed producer who sells or transfers potatoes to a person other

than a dealer or processor must, no later than 30 days from the last day of

the month in which the potatoes were sold or transferred,

(

a) pay the appropriate service charge referred to in subsection

(1) to the Board,

(

b) provide an accounting to the Board for the service charge in a

manner prescribed by the Board, and

(

c) provide to the Board any information that the Board requires

respecting the production, sale, marketing or processing of potatoes.

(3) Notwithstanding subsection (2), if the total amount of the service

charges payable by a licensed producer during the term of the licence is

less than $100, that amount may be remitted to the Board on or before July

31 of that licence year.

(4) A dealer or processor, as the case may be, who buys or receives

potatoes from a licensed producer must

(

a) deduct the appropriate service charge referred to in subsection

(1) from the purchase price payable to that producer, and

(

b) not later than 30 days from the last day of the month in which

the service charge was deducted forward to the Board the service charge and

account for the service charge in the manner prescribed by the Board.

(5) If a dealer or processor who buys or receives potatoes from a licensed

producer fails to deduct the service charge as required by subsection (4),

the licensed producer and the dealer or processor are jointly and severally

liable to the Board for damages in an amount equal to the service charge

which should have been deducted.

(6) The Board shall use $0.01 of the service charge collected on each 100

pounds of potatoes sold in accordance with this

section for the purposes of

carrying out or sponsoring research projects respecting potatoes as

determined by the Board.

Exemptions from paying service charge

9 Notwithstanding anything in this Regulation, service charges are not

payable on potatoes marketed at a farmer's market.

Records and Information

Request for information

10(1) The Board may request a person engaged in the production, marketing

or processing of potatoes to furnish to the Board any information relating

to the production, marketing or processing of potatoes that is specified in

the request.

(2) A person who is required by this Regulation to keep records or other

information must

(

a) retain the records or other information for not less than 7

years from the date the records or other information was made, and

(

b) as requested by the Board,

(

i) make the records or information available for

inspection by the Board during normal business hours, or

(ii) deliver the records or information to the Board

within 15 days from the date the request is received by that person.

Licensed producer

11 A licensed producer must maintain and submit to the Board the

following records:

(

a) within 10 days from the completion of planting or June 30,

whichever is earlier, a record of

(

i) total acres planted,

(ii) total acres under irrigation, and

(iii) total acres dry land;

(

b) within 10 days from the completion of planting or June 30,

whichever is earlier, a record for each variety of potatoes planted of

(

i) the number of acres,

(ii) the class of seed, and

(iii) the source or sources of seed;

(

c) within 10 days from the completion of harvest or November 15,

whichever is earlier, a record for each variety of potatoes planted of

(

i) the number of acres harvested,

(ii) the number of and reason for any lost acres,

(iii) the average yield per acre, and

(iv) the gross tons of potatoes produced;

(

d) within the time prescribed by the Board in each year, a record

for stored potatoes of

(

i) the gross tons of seed, table and processing

potatoes in storage,

(ii) the estimated percentage of cullage,

(iii) the net tons of potatoes in storage, and

(iv) the gross tons stored with each buyer, dealer or

processor;

(

e) within 10 days from the last day of each month, a record of the

potatoes marketed to each buyer, dealer or processor of

(

i) the gross tons marketed,

(ii) the percentage of cullage,

(iii) the price per ton of potatoes,

(iv) the gross tons of potatoes rejected, and

(

v) the amount of payment received in accordance with

tons marketed.

Dealer or processor

12(1) A dealer or processor must submit to the Board for each month within

30 days from the last day of the month

(

a) a record of potatoes delivered to the dealer or processor or

its agents, including, but not limited to,

(

i) gross tons of potatoes received,

(ii) tons of cullage,

(iii) net tons of potatoes purchased,

(iv) gross purchase price for the potatoes,

(

v) type and amount of deduction from the gross

purchase price, and

(vi) net purchase price,

(

b) a record of the payment of service charges to the Board, and

(

c) any information or record respecting the administration of a

Canada Act.

(2) Notwithstanding subsection (1), a processor is not required to submit

the information under subsection (1)(a)(iv), (

v) and (vi) to the Board.

General

Determination of disputed marketable product

13(1) The Board must appoint a person to determine the percentage of

marketable product or foreign material, or both, in a bin run if the Board

(

a) receives an application from a licensed producer disputing the

determination of the percentage of marketable product or foreign material,

or both, in a bin run, or

(

b) disputes the determination of the percentage of marketable

product or foreign material, or both, in a bin run.

(2) The person appointed under subsection (1) must, as soon as possible,

(

a) make a determination of the percentage of marketable product or

foreign material, or both, in the bin run, and

(

b) advise the Board and the licensed producer in writing of that

person's determination.

(3) The licensed producer may make an application for a review within 30

days of receipt of a written determination under subsection (2) as if the

licensed producer was a person affected by an order, direction or decision

of a board or commission under

section 36 of the Act.

Use of funds

14(1) In this section, "funds" includes the following:

(

a) service charges;

(

b) licence fees;

(

c) any other money received or earned by the Board;

(

d) any interest that accrues from maintaining the money referred

to in clauses (a), (

b) and (c).

(2) Any funds received by the Board may be used by the Board for the

purpose of paying its expenses and administering and enforcing

(

a) the Act,

(

b) the Plan,

(

c) this Regulation,

(

d) any other regulations made under the Act in respect of the Plan

or Board, and

(

e) any order or direction of the Council or the Board.

Legal action

15 The Board may recover by legal action from a licensed producer, dealer

or processor

(

a) the amount of any service charge that is not deducted and paid

as required by this Regulation,

(

b) the amount of any licence fee that is not paid as required by

this Regulation, and

(

c) legal costs on a solicitor-client basis incurred in the

recovery of any amount referred to in clauses (

a) and (b).

Service

16(1) A request for information under

section 10(1) must be in writing and

may be served

(

a) by ordinary mail sent to that person's last address shown on

the records of the Board, or

(

b) by facsimile, e-mail or other electronic means sent to that

person's last electronic address shown on the records of the Board.

(2) A notice, order or request for information served

(

a) under subsection (1)(

a) is deemed to be received no later than

7 days from the date of mailing;

(

b) under subsection (1)(

b) is deemed to be received the same day

it is transmitted.

Transitional, Repeal and Expiry

Transitional

17 Where, immediately prior to the coming into force of this Regulation,

a person held a licence issued under the Potato Marketing Licensing

Regulation (AR 262/88), that person shall continue to hold that licence

under this Regulation and that person and the licence are subject to this

Regulation.

Repeal

18 The Potato Marketing Licensing Regulation (AR 262/88) is repealed.

Expiry

19 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 December 31, 2002.

Alberta Regulation 278/98

Electric Utilities Act

MARKET SURVEILLANCE REGULATION

Filed: December 18, 1998

Made by the Minister of Energy (M.O. 76/98) pursuant to

section 16.1 of the

Electric Utilities Act.

Table of Contents

Interpretation 1

Additional surveillance duties 2

Limit on surveillance respecting Transmission Administrator 3

Complaint or referral to Market Surveillance Administrator 4

Referral of complaint or referral 5

Right to attend premises, make inquiries and demand documents 6

Refusal or failure to produce documents 7

Search warrant 8

Solicitor-client privilege 9

Confidentiality 10

Contents of report to Council 11

Referral by Council 12

Hearing before Council 13

No person excused from testifying or producing documents 14

Authority of Council 15

Written decision 16

Offence 17

Right to appeal Council's decision 18

Appeal 19

Expiry 20

Interpretation

1(1) In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "Council" means the Power Pool Council continued under the Act;

(c) "Court" means the Court of Queen's Bench;

(d) "document" includes any correspondence, memorandum, book,

plan, map, drawing, diagram, pictorial or graphic work, photograph, film,

microform, sound recording, videotape, machine readable record or other

material or thing, regardless of physical form or characteristics;

(e) "market participant" means any of the following:

(

i) the Transmission Administrator;

(ii) an owner of a generating unit, a regulated

generating unit, a transmission facility, an electric distribution system

or an electric utility;

(iii) a retailer;

(iv) any other person that generates, transmits,

distributes, exchanges, purchases or sells electricity or electricity

services;

(

v) an affiliate of a person referred to in subclauses

(

i) to (iv);

(f) "Market Surveillance Administrator" means the member of the

Council designated under

section 9.1(2) of the Act as the Market

Surveillance Administrator.

(2) A reference in this Regulation to the Market Surveillance

Administrator includes a reference to any person referred to in

section

9(2) of the Act when the Market Surveillance Administrator is making use of

that person's services.

Additional surveillance duties

2 The duty to carry out surveillance pursuant to

section 9.1(1) of the

Act extends to the following additional matters:

(

a) the conduct of market participants;

(

b) the structure and performance of the markets for electricity

and electricity services;

(

c) any aspect of the relationships among owners of electric

distribution systems.

Limit on surveillance respecting Transmission Administrator

3(1) The Market Surveillance Administrator may carry out surveillance of

any matter that relates to the Transmission Administrator

(

a) if the Market Surveillance Administrator has received the prior

written approval of the Board, or

(

b) if the matter has been referred to the Market Surveillance

Administrator by the Board.

(2) In the absence of an approval by or referral from the Board, the

Market Surveillance Administrator may only carry out surveillance of the

following matters that relate to the Transmission Administrator:

(

a) exchanges of electricity by the Transmission Administrator

through the power pool;

(

b) the effect on the markets for electricity of the Transmission

Administrator's policies relating to system support services.

Complaint or referral to Market Surveillance Administrator

4(1) Any person or body may make a complaint or refer a matter to the

Market Surveillance Administrator.

(2) A complaint or referral must be in writing and must include

(

a) the name and address of the person or body making it,

(

b) the particulars of the complaint or referral, and

(

c) any information or facts supporting the complaint or referral.

(3) The complaint or referral must be signed by the individual making it

and, where it is made by a corporation or other body, the complaint or

referral must be signed by an authorized representative of the corporation

or other body.

(4) The Market Surveillance Administrator shall, on the written request of

(

a) a person or body making a complaint or referral, or

(

b) a person who is the subject of an investigation by the Market

Surveillance Administrator,

inform the person making the request as to the progress of the

investigation.

Referral of complaint or referral

5(1) If at any time after receiving a complaint or referral the Market

Surveillance Administrator determines that the complaint or referral

(

a) is frivolous, vexatious, trivial or otherwise not material, or

(

b) is within the jurisdiction of a body referred to in subsection

(2), (3) or (4), whether or not that body has previously dealt with the

matter,

the Market Surveillance Administrator shall stop the investigation and

prepare and deliver the report required under

section 9.4 of the Act.

(2) If the complaint or referral relates to a matter that is within the

jurisdiction of a body referred to in

section 9.5(2)(

a) or (

c) of the Act,

the report prepared under subsection (1) must contain a recommendation that

the complaint or referral be referred to that body.

(3) If the complaint or referral relates to a matter dealt with in

section

9, 11 or 12 of the Act, the report prepared under subsection (1) must

contain a recommendation that the complaint or referral be referred to the

Board.

(4) If

(

a) the complaint or referral relates to a matter that is within

the jurisdiction of a body other than the bodies referred to in subsections

(2) and (3), and

(

b) in the opinion of the Market Surveillance Administrator, the

other body has the ability to provide a more effective remedy than the

Market Surveillance Administrator or the Power Pool Council can provide

under the Act or this Regulation,

the report prepared under subsection (1) must contain a recommendation that

the complaint or referral be referred to that body.

Right to attend premises, make inquiries and demand documents

6(1) The Market Surveillance Administrator may, for the purpose of

carrying out an investigation under

section 9.2(1) of the Act, during

normal business hours of a market participant, do any or all of the

following:

(

a) attend at the business premises of the market participant;

(

b) make reasonable inquiries of any person at those premises;

(

c) by notice in writing demand the production of any documents

that are or may be relevant to the investigation;

(

d) on giving a receipt for them, remove any of the documents

produced for the purpose of making copies of them.

(2) A notice under subsection (1)(

c) must be in writing and must specify

(

a) the documents to be produced,

(

b) the time within which the Market Surveillance Administrator

considers it reasonable for the market participant to produce the

documents, and

(

c) the particulars of the complaint or referral, if any, that gave

rise to the investigation, without identifying the person or body that made

the complaint or referral.

(3) A person who removes any documents may make copies of them and shall

return them to the premises from which they were removed within a

reasonable time after removing them.

(4) A person acting under the authority of this

section shall carry

identification in the form determined by the Council or the Market

Surveillance Administrator and present it on request to the person in

charge of the market participant's premises.

(5) Documents provided to the Market Surveillance Administrator pursuant

to this

section must be certified under oath or statutory declaration by

the person to whom a notice under subsection (1)(

c) is directed or, in the

case of a corporation, by an officer of the corporation, as being correct

and complete to the best of that person's knowledge.

(6) A person to whom a notice under subsection (1)(

c) is directed under

this

section shall cooperate reasonably with the Market Surveillance

Administrator.

(7) The Market Surveillance Administrator shall not exercise any power

under this

section in respect of a matter that, in the opinion of the

Market Surveillance Administrator, is being or has been dealt with by a

body referred to in

section 5(2), (3) or (4).

Refusal or failure to produce documents

7(1) Where a person refuses or fails, without reasonable justification, to

comply with a notice under

section 6(1)(c), the Market Surveillance

Administrator shall forthwith prepare a report to that effect and forward

the report to the Council.

(2) On receiving a report under subsection (1), the Council may hold a

hearing.

Search warrant

8(1) If any person

(

a) obstructs the Market Surveillance Administrator in the exercise

of any authority under

section 6,

(

b) refuses or fails to comply with a notice under

section 6(1)(c),

(

c) refuses to permit the removal of a document under

section

6(1)(d),

the Market Surveillance Administrator may apply to of the Court by notice

of motion for an order under subsection (2).

(2) If the Court is satisfied that there are reasonable and probable

grounds to believe that access to premises or the production or removal of

documents is necessary for the purpose of carrying out an investigation

under

section 9.2(1) of the Act, the Court may make any order it considers

necessary to enforce compliance with

section 6.

(3) Where authorized to do so by an order under subsection (2), the Market

Surveillance Administrator may

(

a) enter and search any premises of the market participant,

(

b) operate or cause to be operated any computer system of the

market participant to search any data contained in or available to the

system and produce a document from the data, and

(

c) seize and make copies of any documents of the market

participant that are or may be relevant to the investigation.

(4) An application for an order under this

section may be made ex parte

unless the Court orders otherwise.

(5) The Market Surveillance Administrator shall return any documents

seized pursuant to a court order within 60 days after the conclusion of the

investigation that gave rise to the seizure, including any hearing or

appeal.

(6) If the person from whom documents are seized pursuant to a court order

requires the original documents to be returned before the end of the time

period set out subsection (5), the person shall send a written request to

the Market Surveillance Administrator to that effect.

(7) Promptly on receiving a request under subsection (6), the Market

Surveillance Administrator shall

(

a) make copies of the requested documents, and

(

b) return the originals to the person from whom they were seized.

(8) Copies of documents returned pursuant to subsection (7) are admissible

in proceedings under the Act and this Regulation if they are certified by

the Market Surveillance Administrator as being true copies of the original

documents.

Solicitor-client privilege

9(1) If the Market Surveillance Administrator is about to examine or seize

any document in respect of which the person having possession of the

document, or that person's lawyer, claims that solicitor-client privilege

exists, the Market Surveillance Administrator shall, without examining or

copying the document,

(

a) require the person from whom the document is to be seized to

seal the document in an identifiable marked package,

(

b) seize the package containing the document, and

(

c) place the package in the custody of

(

i) the clerk of the Court, or

(ii) a person that the parties agree on.

(2) Within 7 days of the seizure, the Market Surveillance Administrator

shall apply to the Court for an order determining whether the claim of

privilege is proper.

(3) Notice of the application and any supporting material must be served

on the Market Surveillance Administrator, the person having custody of the

package and the parties to the application other than the applicant, at

least 3 days before the date the application is to be heard.

(4) On being served with notice of the application, the person having

custody of the package shall promptly deliver the package to the custody of

the clerk of the Court.

(5) In determining the application, the Court may open the package and

inspect its contents after which the Court shall reseal the contents in the

package.

(6) The Court shall hear the application in private and if the Court

determines

(

a) that the claim of privilege is proper, it shall order that the

document be returned forthwith to the person from whom it was seized, or

(

b) that the claim of privilege is not proper, it shall order that

the document be delivered forthwith to the person who seized it.

(7) If the application is not made within 7 days of the seizure, the

package must forthwith be returned to the person from whom the document was

seized.

Confidentiality

10(1) Subject to subsection (2) and except as otherwise provided for in

the Act or this Regulation, the information contained in a document

examined or seized pursuant to

section 6 or 8 must be kept confidential and

must be used only for the purposes provided for in the Act and this

Regulation.

(2) Where in the opinion of the Council it is in the public interest to do

so, the Council may at any time, in writing and subject to any terms and

conditions considered by the Council to be appropriate, authorize the

release of any information contained in a document examined or seized

pursuant to

section 6 or 8 to any of the following:

(

a) the Minister;

(

b) the Transmission Administrator;

(

c) the Board;

(

d) the person or persons responsible for administering the

Competition Act (Canada);

(

e) any other body that, in the opinion of the Council, has

jurisdiction in respect of the matter that is the subject of the

investigation and has the ability to provide a more effective remedy than

the Market Surveillance Administrator or the Power Pool Council can provide

under the Act or this Regulation.

Contents of report to Council

11 In addition to the matters specified in

section 9.4(

b) of the Act, a

report of the Market Surveillance Administrator must set out

(

a) whether, in the view of the Market Surveillance Administrator,

an investigation has disclosed any activity that substantially affects the

establishment, maintenance or operation of a competitive and efficient

market for electricity and electricity services, and

(

b) any other information relating to the matters specified in

section 9.1(1)(f), (

g) and (

h) of the Act that the Market Surveillance

Administrator considers appropriate.

Referral by Council

12 On receiving a report of the Market Surveillance Administrator, the

Council shall refer any matter contained in the report, with or without

recommendations,

(

a) to the Transmission Administrator if, in the opinion of the

Council, the matter is within the jurisdiction of the Transmission

Administrator,

(

b) to the Board if the matter is dealt with in

section 9, 11 or 12

of the Act,

(

c) to the person or persons responsible for administering the

Competition Act (Canada) if, in the opinion of the Council, the matter

relates to an activity that may be contrary to, or may constitute conduct

that is reviewable under, the Competition Act (Canada), or

(

d) to a body other than the bodies referred to in clauses (

a) to

(

c) if, in the opinion of the Council, the matter is within the

jurisdiction of another body and the other body has the ability to provide

a more effective remedy than the Market Surveillance Administrator or the

Power Pool Council can provide under the Act or this Regulation.

Hearing before Council

13(1) Where the Council decides to hold a hearing pursuant to

section 7(2)

of this Regulation or

section 9.5(1)(

b) of the Act, the Council shall

provide notice of the time and location of the hearing, in writing, at

least 21 days or any shorter period as determined under subsection

(3) before the date of the hearing

(

a) to any person who may be the subject of an order resulting from

the hearing, and

(

b) to any other person who, in the opinion of the Council, has a

significant interest in the hearing.

(2) A notice to a person referred to in subsection (1)(

a) must set out the

particulars of any allegation made against that person.

(3) If the Council considers it necessary to shorten the notice period

specified in subsection (1), it may do so by order and shall provide a copy

of the order with the notice required under subsection (1).

(4) Any person to whom the Council provides notice pursuant to subsection

(1) is entitled to a reasonable opportunity to present evidence and make

submissions to the Council at the hearing.

(5) The Council has the same powers as a commissioner under the Public

Inquiries Act

(

a) to compel the attendance of witnesses, and

(

b) to compel witnesses to produce documents.

(6) The Council is not bound by the rules of evidence applicable in court

proceedings.

(7) The Council may provide for the recording of evidence at a hearing.

(8) Any person whose conduct is the subject of a hearing may be

represented by legal counsel.

(9) A hearing before the Council must be open to the public unless the

Council determines that it is in the public interest for the hearing or

part of it to be held in private.

No person excused from testifying or producing documents

14 No person is excused

(

a) from attending and giving evidence at a hearing before the

Council, or

(

b) from complying with a notice under

section 6(1)(c),

on the ground that the oral evidence or documents to be provided by the

person may tend to incriminate the person or subject the person to any

proceeding or penalty, but no oral evidence or document provided by an

individual may be used or received against that individual in any criminal

proceedings other than a prosecution under

section 132 or 136 of the

Criminal Code (Canada).

Authority of Council

15(1) If, on concluding a hearing, the Council decides that a market

participant

(

a) has contravened a provision of the Act, this Regulation, the

rules of the power pool or any arrangement entered into under the Act or

this Regulation,

(

b) has contravened an order of the Council, or

(

c) has refused or failed to comply with a notice under

section

6(1)(c),

the Council may, by order, do one or more of the following:

(

d) impose a fine on the market participant in an amount that, in

the opinion of the Council, is sufficient to deter the market participant

from engaging in similar conduct in the future;

appropriate on the market participant's activities as they relate to the

generation, transmission, distribution, exchange, purchase or sale of

electricity or electricity services;

(

f) direct the market participant not to engage in the activity

specified in the order;

(

g) direct the market participant to pay the costs of the

investigation and hearing, including legal fees on a full-indemnity basis

and any fees paid to a witness.

(2) Where the Council makes an order against a corporation, any officer,

director or agent of the corporation who directed, authorized, assented to,

acquiesced in or participated in the activity giving rise to the order is

jointly and severally liable with the corporation for the penalty or other

sanction imposed by the order.

(3) An order of the Council made under this

section may be filed with the

Court of Queen's Bench and on filing has the same effect as an order of the

Court of Queen's Bench.

Written decision

16(1) Within 60 days after the conclusion of a hearing, the Council shall

deliver a written decision that includes reasons.

(2) The Council shall provide a copy of the decision to each person who

presented evidence or made submissions at the hearing.

(3) Except to the extent that a hearing was held in private, a decision of

the Council is a matter of public record and must be kept at the offices of

the Council, and copies of the decision must be made available to the

public on payment of a reasonable fee.

Offence

17(1) A person who fails to comply with an order of the Council is guilty

of an offence.

(2) A person who is guilty of an offence under subsection (1) is liable to

a fine of not more than $100 000 a day for every day during which the

non-compliance continues.

Right to appeal Council's decision

18(1) Any person directly affected by a decision of the Council may appeal

the decision to the Board by

(

a) filing a notice of appeal with the Board, and

(

b) providing a copy of the notice of appeal to the Council

within 21 days after receiving the decision of the Council.

(2) A notice of appeal must specify

(

a) the name of the appellant,

(

b) the decision that is the subject of the appeal, and

(

c) the grounds for the appeal.

(3) Pending the outcome of an appeal to the Board, the Council may stay

appropriate.

Appeal

19(1) Before hearing an appeal, the Board may direct the Council to

provide the Board with copies of any documents in the possession of the

Council that are relevant to the appeal.

(2) Subject to subsection (3), the Board may confirm, vary or reverse any

decision of the Council or refer the matter back to the Council with

directions to re-hear the matter.

(3) The Board shall not vary or reverse any decision of the Council unless

it finds that the Council has acted unfairly, patently unreasonably or

otherwise beyond its jurisdiction.

(4) The Council may appear and make submissions at the appeal.

(5) The Board may make any award as to the costs of the appeal that it

considers appropriate.

Expiry

20 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 December 31, 2000.

Alberta Regulation 279/98

Marketing of Agricultural Products Act

EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

Filed: December 21, 1998

Made by the Alberta Egg Producers Board pursuant to sections 26 and 27 of

the Marketing of Agricultural Products Act.

1 The Egg Production and Marketing Regulation (AR 293/97) is amended by

this Regulation.

2 The following is added after

section 10:

Deemed production quota

10.1 For the purpose of determining the production quota of a

registered producer, one hen is deemed to produce 24 dozen eggs per quota

year.

Section 19 is amended

(

a) in subsection (2) by striking out "section 24(3)" and

substituting "section 10.1";

(

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

(3) A registered producer must forward a copy of the record made

under subsection (1)(

b) to the Board in time to reach the office of the

Board not later than the Friday of the week following the week in which the

eggs were marketed.

Section 24 is repealed and the following is substituted:

Service charges for registered producers

24(1) A registered producer must pay an annual service charge of

$4.56 per hen to the Board for the number of hens prescribed in that

registered producer's possession quota.

(2) A registered producer must

(

a) pay to the Board each month

(i) 1/12 of the total annual service charge

assessed under subsection (1), or

(ii) a portion of the total annual service

charge assessed under subsection (1), in an amount determined by the Board,

and

(

b) forward the amount under clause (a)(

i) or (ii), as

the case may be, to the Board in time to reach the office of the Board by

the first day of every month.

(3) If a registered producer fails to pay the service charge in

accordance with subsection (2), a processor who buys or receives eggs from

the registered producer must, on request of the Board,

(

a) deduct any service charge owing to the Board by

that registered producer from the purchase price payable to that producer,

and

(

b) forward the service charge to the Board in time to

reach the office of the Board not later than the Friday of the week

following the week in which the service charge was deducted.

(4) If a processor fails to deduct the service charge as required by

subsection (3)(a), the processor is liable to the Board for the damages in

an amount equal to the service charge which should have been deducted.

(5) On application by a registered producer, the Board may abate the

annual service charge assessed under subsection (1).

Service charges for producers

24.1(1) A producer, other than a registered producer, who sells or

transfers eggs to a processor must pay to the Board a service charge of

$0.19 per dozen eggs sold or transferred.

(2) A processor who buys or receives eggs from a producer other than

a registered producer must

(

a) deduct the service charge specified in subsection

(1) from the purchase price payable to that producer, and

(

b) forward the service charge to the Board and account

for the service charge in a manner prescribed by the Board, not later than

the Friday of the week following the week in which the service charge was

deducted.

(3) A processor must keep service charges deducted under subsection

(2)(

a) in a separate trust account for that purpose.

(4) If a processor fails to deduct the service charge as required by

subsection (2)(a), the processor is liable to the Board for the damages in

an amount equal to the service charge which should have been deducted.

Recovery of service charges

24.2 The Board may recover by legal action from a registered

producer, a producer other than a registered producer or a processor

(

a) the amount of any service charge that is not

deducted and paid as required by this Regulation, and

(

b) legal costs on a solicitor-client basis incurred in

the recovery of any amount referred to in clause (a).

5 This Regulation comes into force on December 27, 1998.

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

Alberta Regulation 280/98

Municipal Government Act

ASSESSMENT EQUALIZATION AMENDMENT REGULATION

Filed: December 23, 1998

Made by the Minister of Municipal Affairs (M.O. L:545/98) pursuant to

section 322(

h) of the Municipal Government Act.

1 The Assessment Equalization Regulation (AR 366/94) is amended by this

Regulation.

Section 1(

b) is repealed and the following is substituted:

(b) "assessment level" for a specified group of properties means

the overall ratio of assessments to indicators of market value;

3 The following is added after

section 1:

Information provided by municipality under

section 319(1) of the Act

1.1(1) On receiving information from a municipality pursuant to

section 319(1) of the Act, the Minister must assess the information and

determine if the information is acceptable.

(2) If the Minister determines that the information is acceptable,

the Minister may use and rely on the information when preparing the

equalized assessment for the municipality.

(3) If the Minister determines that the information is not

acceptable, the Minister must prepare the equalized assessment using

whatever information is available about the municipality.

(4) The information provided pursuant to

section 319(1) of the Act

must include assessment levels.

Section 2 is repealed and the following is substituted:

Preparation of equalized assessment

2(1) In this section, "regulated property" means property in respect

of which an assessment is prepared using the valuation standard referred to

section 2(1)(b), 5, 6 or 7 of the Standards of Assessment Regulation (AR

365/94).

(2) In preparing the equalized assessment for a municipality,

(

a) the assessments for regulated property, reported in

accordance with

section 319(1) of the Act or derived from information in

accordance with

section 319(2) of the Act or

section 1.1(3) of this

Regulation, must be adjusted to reflect a common year by applying factors

that the Minister considers appropriate, and

(

b) the assessments for property other than regulated

property, reported in accordance with

section 319(1) of the Act or derived

from information in accordance with

section 319(2) of the Act or

section

1.1(3) of this Regulation, must be adjusted in the manner the Minister

considers appropriate

(

i) to reflect a common year,

(ii) to reflect an assessment level of 1.00,

and

(iii) to compensate for differences between

the Standards of Assessment Regulation (AR 365/94) and the applicable

assessment legislation and regulations that were in force when assessments

were last prepared for all property in the municipality.

Section 2.1 is repealed and the following is substituted:

Limit on increases in equalized assessments

2.1(1) Pursuant to

section 325 of the Act, the Minister may by order

limit the amount by which equalized assessments for any class of property

listed in

section 297 of the Act may increase from one year to the next.

(2) Subsection (1) applies only to equalized assessments being

prepared for 1999 or a subsequent year.

6 Sections 4 and 5 are repealed.

7 The

Schedule is repealed.

9 This Regulation comes into force on December 31, 1998.

Alberta Regulation 281/98

Municipal Government Act

COMMUNITY ORGANIZATION PROPERTY

TAX EXEMPTION REGULATION

Filed: December 23, 1998

Made by the Minister of Municipal Affairs (M.O. L:544/98) pursuant to

section 370(

c) of the Municipal Government Act.

Table of Contents

Interpretation 1

Part 1

General Rules

Application 2

Part of a property 3

Primary use of property 4

Holding property 5

Non-profit organization 6

Meaning of restricted 7

Gaming and liquor licences 8

Part 2

Qualifications for Exemptions

under

Section 362(1)(n)(ii) to (

v) Exemption under

section 362(1)(n)(ii) of the Act 9

Exemption under

section 362(1)(n)(iii) of the Act 10

Exemption under

section 362(1)(n)(iv) of the Act 11

Exemption under

section 362(1)(n)(

v) of the Act 12

Part 3

Other Property Exempt under

Section 362(1)(

n) Definitions 13

Exemption for other property 14

Day cares, museums and other facilities 15

Conditions for exemption 16

Waiver of application requirement 17

Retail commercial areas 18

Part 4

Transitional Matters

Application for 1999 exemption 19

Requirements for 1999 exemption 20

Waiver of application requirement in 1999 21

Part 5

Repeal and Review

Repeal 22

Expiry 23

Interpretation

1(1) In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "charitable or benevolent purpose" means the relief of poverty,

the advancement of education, the advancement of religion or any other

purpose beneficial to the community;

(c) "general public" means pertaining to the general community,

rather than a group with limited membership or a group of business

associates;

(d) "professional sports franchise" means a professional sports

franchise operating in the National Hockey League, the Canadian Football

League, the National Professional Soccer League or the Pacific Coast

League;

(e) "taxation" means taxation under Division 2 of

Part 10 of the

Act.

(2) For the purposes of the Act and this Regulation, "community

association" means an organization where membership is voluntary, but

restricted to residents of a specific area, and that is formed for the

purpose of

(

a) enhancing the quality of life for residents of the area or

enhancing the programs, public facilities or services provided to the

residents of the area, or

(

b) providing non-profit sporting, educational, social,

recreational or other activities to the residents of the area.

(3) The

definitions in sections 1 and 284 of the Act apply to this

Regulation.

PART 1

GENERAL RULES

Application

2 This Regulation applies to taxation in 1999 and later years.

Part of a property

3 An exemption under

section 362(1)(n)(

i) to (

v) of the Act or

Part 3 of

this Regulation applies only to the part of a property that qualifies for

the exemption.

Primary use of property

4(1) Property is not exempt from taxation under

section 362(1)(n)(iii),

(iv) or (

v) of the Act or

Part 3 of this Regulation unless the property is

primarily used for the purpose or use described in those provisions.

(2) For the purposes of this Regulation, a property is primarily used for

a purpose or use if the property is used for the specified purpose or use

at least 60% of the time that the property is in use.

Holding property

5 When

section 362(1)(n)(

i) to (

v) of the Act or

Part 3 of this

Regulation requires property to be held by a non-profit organization, a

society as defined in the Agricultural Societies Act or a community

association for the property to be exempt from taxation, the property is

not exempt unless

(

a) the organization, society or association is the owner of the

property and the property is not subject to a lease, licence or permit, or

(

b) the organization, society or association holds the property

under a lease, licence or permit.

Non-profit organization

6 When

section 362(1)(n)(

i) to (

v) of the Act or

Part 3 of this

Regulation requires property to be held by a non-profit organization or

community association for the property to be exempt from taxation, the

property is not exempt unless

(

a) the organization or association is a society incorporated under

the Societies Act, or

(

b) the organization or association is

(

i) a corporation incorporated in any jurisdiction, or

(ii) any other entity established under a federal law or

law of Alberta

that is prohibited, by the laws of the jurisdiction governing

its formation or establishment, from distributing income or property to its

shareholders or members during its existence.

Meaning of restricted

7(1) In this Regulation, a reference to the use of property being

restricted means, subject to subsections (2) and (3), that individuals are

restricted from using the property on any basis, including a restriction

based on

(

a) race, culture, ethnic origin or religious belief,

(

b) the ownership of property,

(

c) the requirement to pay fees of any kind, other than minor

entrance or service fees, or

(

d) the requirement to become a member of an organization.

(2) The requirement to become a member of an organization does not make

the use of the property restricted so long as

(

a) membership in the organization is not restricted on any basis,

other than the requirement to fill out an application and pay a minor

membership fee, and

(

b) membership occurs within a short period of time after any

application or minor fee requirement is satisfied.

(3) Not permitting an individual to use a property for safety or liability

reasons or because the individual's use of the property would contravene a

law does not make the use of the property restricted.

Gaming and liquor licences

8(1) For the purposes of

section 365(2) of the Act, property described in

section 362(1)(

n) of the Act and

Part 3 of this Regulation in respect of

which a bingo licence, casino licence, pull ticket licence, Class C liquor

licence or a special event licence is issued under the Gaming and Liquor

Regulation (AR 143/96) is exempt from taxation if the requirements of

section 362(1)(

n) and this Regulation in respect of the property are met.

(2) Despite subsection (1), property in respect of which a bingo facility

licence or casino facility licence is issued is not exempt from taxation.

PART 2

QUALIFICATIONS FOR EXEMPTIONS

UNDER

SECTION 362(1)(n)(ii) TO (

v) Exemption under

section 362(1)(n)(ii) of the Act

9(1) The following property is not exempt from taxation under

section

362(1)(n)(ii) of the Act:

(

a) property to the extent that it is used in the operation of a

professional sports franchise;

(

b) property that is used solely for community games, sports,

athletics or recreation if, for more than 40% of the time that the property

is in use, the majority of those participating in the activities held on

the property are 18 years of age or older.

(2) Property is not exempt from taxation under

section 362(1)(n)(ii) of

the Act if, for more than 30% of the time that the property is in use, the

use of the property is restricted within the meaning of

section 7 as

modified by subsection (3).

(3) For the purposes of subsection (2), limiting the participation in

activities held on a property to persons of a certain age does not make the

use of the property restricted.

Exemption under

section 362(1)(n)(iii) of the Act

10(1) Property referred to in

section 362(1)(n)(iii) of the Act is not

exempt from taxation unless

(

a) the charitable or benevolent purpose for which the property is

primarily used is a purpose that benefits the general public in the

community in which the property is located, and

(

b) the resources of the non-profit organization that holds the

property are devoted chiefly to the charitable or benevolent purpose for

which the property is used.

(2) Property is not exempt from taxation under

section 362(1)(n)(iii) of

the Act if, for more than 30% of the time that the property is in use, the

use of the property is restricted within the meaning of

section 7.

Exemption under

section 362(1)(n)(iv) of the Act

11 Property referred to in

section 362(1)(n)(iv) of the Act is not exempt

from taxation unless the accommodation provided to senior citizens is

subsidized accommodation as defined in the General Regulation (AR 213/94).

Exemption under

section 362(1)(n)(

v) of the Act

12(1) The following property is not exempt from taxation under

section

362(1)(n)(

v) of the Act:

(

a) property to the extent that it is used in the operation of a

professional sports franchise;

(

b) property if, for more than 40% of the time that the property is

in use, the majority of those participating in the activities held on the

property are 18 years of age or older;

(

c) property in Calgary or Edmonton that is held by and used in

connection with a community association if the association is not a member

of the Federation of Calgary Communities or the Edmonton Federation of

Community Leagues.

(2) Property is not exempt from taxation under

section 362(1)(n)(

v) of the

Act if, for more than 30% of the time that the property is in use, the use

of the property is restricted within the meaning of

section 7 as modified

by subsection (3).

(3) For the purposes of subsection (2), limiting the participation in

activities held on a property to persons of a certain age does not make the

use of the property restricted.

PART 3

OTHER PROPERTY EXEMPT

UNDER

SECTION 362(1)(

n) Definitions

13 In this section,

(a) "arts" means theatre, literature, music, painting, sculpture or

graphic arts and includes any other similar creative or interpretive

activity;

(b) "chamber of commerce" means a chamber of commerce that is a

non-profit organization and is a member of the Alberta Chamber of Commerce;

(c) "ethno-cultural association" means an organization formed for

the purpose of serving the interests of a community defined in terms of the

racial, cultural, ethnic, national or linguistic origins or interests of

its members;

(d) "linguistic organization" means an organization formed for the

(e) "museum" means a facility that is established for the purpose

of conserving, studying, interpreting, assembling and exhibiting, for the

instruction and enjoyment of the general public, art, objects or specimens

of educational and cultural value or historical, technological,

anthropological, scientific or philosophical inventions, instruments,

models or designs;

(f) "retail commercial area" means property used to sell food,

beverages, merchandise or services;

(g) "sheltered workshop" means a facility designed to provide an

occupation for and to promote the adjustment and rehabilitation of persons

who would otherwise have difficulty obtaining employment because of

physical, mental or developmental disabilities;

(h) "thrift shop" means a retail outlet operated for a charitable

or benevolent purpose that sells donated clothing, appliances, furniture,

household items and other items of value at a nominal cost to people in

need.

Exemption for other property

14 This Part describes property that is exempt from taxation under

section 362(1)(

n) of the Act that is not exempt under

section 362(1)(n)(

i) to (

v) of the Act.

Day cares, museums and other facilities

15 A non-profit organization that holds property on which any of the

following facilities are operated may apply to the municipality within

whose area the property is located for an exemption from taxation:

(

a) a facility used for sports or recreation to the extent that the

facility is not used in the operation of a professional sports franchise;

(

b) a facility used for fairs or exhibitions, including

agricultural exhibitions;

(

c) a facility used for the arts or a museum;

(

d) a facility used for the care and supervision of children and

that is

(

i) a day care facility as defined in the Day Care

Regulation (AR 333/90), and

(ii) licensed under that Regulation;

(

e) a facility used by a linguistic organization if

(

i) the use of the property by the general public is

actively encouraged, and

(ii) a sign is prominently posted in the facility

indicating the hours that the whole or part of the facility is accessible

to the public;

(

f) a facility used by an ethno-cultural association for sports,

recreation or education or for charitable or other benevolent purposes if

(

i) the use of the property by the general public is

actively encouraged, and

(ii) a sign is prominently posted in the facility

indicating the hours that the whole or part of the facility is accessible

to the public;

(

g) a facility in a municipality operated and used by an

organization for a charitable or benevolent purpose where the majority of

the organization's beneficiaries do not reside in the municipality;

(

h) a facility used as a thrift shop;

(

i) a facility used as a sheltered workshop;

(

j) a facility operated and used by a chamber of commerce;

(

k) a facility used for a charitable or benevolent purpose that is

for the benefit of the general public if

(

i) the charitable or benevolent purpose for which the

facility is primarily used is a purpose that benefits the general public in

the community in which the facility is located, and

(ii) the resources of the non-profit organization that

holds the facility are devoted chiefly to the charitable or benevolent

purpose for which the facility is used.

Conditions for exemption

16(1) A municipality must grant a non-profit organization an exemption

from taxation in a taxation year in respect of property referred to in

section 15 that is held by the organization if

(

a) the non-profit organization makes an application for an

exemption to the municipality by November 30 of the year preceding the

taxation year and supplies the municipality with the following by February

15 in the taxation year:

(

i) any information the municipality requires to

determine if the organization meets the conditions for the exemption, and

(ii) a description of any retail commercial areas in the

facility,

(

b) the facility on the property is one of the facilities described

section 15 and the non-profit organization operates the facility on a

non-profit basis,

(

c) the funds of the non-profit organization are chiefly used for

the purposes of the organization and not for the benefit of the

organization's directors and employees,

(

d) the property is not disqualified by virtue of subsection (2) or

(3), and

(

e) the requirements of subsections (4) and (5), if applicable, are

met.

(2) Property referred to in

section 15(a), (b), (c), (e), (f), (

j) or (

k) is not exempt from taxation if, for more than 30% of the time that the

property is in use, the use of the property is restricted within the

meaning of

section 7.

(3) Property referred to in

section 15(

d) or (

g) to (

i) is not exempt from

taxation if an individual is not permitted to use the property because of

the individual's race, culture, ethnic origin or religious belief.

(4) Before granting an exemption under this

section in respect of a

property that is held by a non-profit organization, the municipality may

require that an agreement between the organization and the municipality be

in force that sets out that

(

a) the organization will provide the municipality with a report by

a time and in a manner specified in the agreement that sets out the

information the municipality requires to determine if the organization met

the conditions for the exemption during the taxation year, and

(

b) if the organization does not comply with the provisions

referred to in clause (a), the organization will pay the municipality an

amount equivalent to the property taxes that would be payable in respect of

the property for the taxation year if the property was not exempt.

(5) Before granting an exemption under this

section in respect of a

property that is owned by a non-profit organization, the municipality may

require that an agreement between the organization and the municipality be

in force that sets out that

(

a) no disposition of the property may be made without the approval

of the municipality, and

(

b) if the organization is being wound-up and dissolved, the

organization must, if required by the municipality, transfer the property

to the municipality.

(6) If a municipality grants an exemption to a non-profit organization and

later determines that the organization did not meet the conditions that

applied to the organization for the exemption for all or part of the

taxation year, the municipality may in the taxation year cancel the

exemption for all or part of the taxation year, as the case may be, and

require the organization to pay property tax in respect of the property for

the period that the exemption is cancelled.

Waiver of application requirement

17(1) If a municipality has granted a non-profit organization an exemption

from taxation under

section 16 in respect of a property, the municipality

may grant the non-profit organization an exemption from taxation in the

following taxation year under

section 16 in respect of the property without

requiring the organization to apply for the exemption.

(2) A municipality that has waived an application requirement under

subsection (1) in respect of a property for a taxation year may

(

a) require the non-profit organization that holds the property to

provide any information that the organization may be required to provide if

it was applying for an exemption, and

(

b) if the non-profit organization does not provide the

information, cancel in that taxation year the exemption for all or part of

that taxation year and require the organization to pay property tax in

respect of the property for the period that the exemption is cancelled.

(3) A municipality may not waive the application requirement under

subsection (1) in respect of a property for more than 3 consecutive

taxation years.

Retail commercial areas

18(1) In this section, "exempt facility" means a facility or part of a

facility held by a non-profit organization, a society as defined in the

Agricultural Societies Act or a community association that is exempt from

taxation under

section 362(1)(n)(

i) to (

v) of the Act or

section 16 of this

Regulation.

(2) A retail commercial area that is located within an exempt facility is

exempt from taxation if

(

a) the non-profit organization, society as defined in the

Agricultural Societies Act or community association that holds the exempt

facility also holds and operates the retail commercial area, and

(

b) the net income from the retail commercial area is used

(

i) to pay all or part of the operational or capital

costs of the exempt facility, or

(ii) to pay all or part of the operational or capital

costs of any other facility that is held by the non-profit organization,

society or community association and that is exempt from taxation under

section 362 of the Act or

section 16 of this Regulation.

PART 4

TRANSITIONAL MATTERS

Application for 1999 exemption

19(1) For the 1999 taxation year, a municipality may grant a non-profit

organization an exemption from taxation in respect of property under

section 16 if the organization makes an application for the exemption to

the municipality by April 30, 1999 and supplies the information described

section 16(1)(a)(

i) and (ii) by May 31, 1999.

(2) A municipality may, in respect of a non-profit organization, establish

dates that are later than those referred to in subsection (1) for making an

application or supplying information.

Requirements for 1999 exemption

20(1) This

section applies to the 1999 taxation year.

(2) A municipality may grant a non-profit organization an exemption from

taxation in respect of property referred to in

section 15 that is held by

the organization only if

(

a) the facility on the property or any retail commercial area in

the facility does not provide significant competition with one or more

taxable businesses in the municipality or surrounding area, and

(

b) the municipality is satisfied that the operations of the

non-profit organization on the property provide significant benefits.

(3) Despite subsection (2), a municipality may, in respect of a non-profit

organization, waive either or both of the requirements in subsection (2)(

a) and (b).

Waiver of application requirement in 1999

21 For the 1999 taxation year, the power of a municipality to waive an

application requirement under

section 17(1) also applies when the

municipality has granted an exemption from taxation under

section 15 of the

Community Organization 1998 Property Tax Exemption Regulation (AR 289/97).

PART 5

REPEAL AND REVIEW

Repeal

22(1) The Community Organization 1998 Property Tax Exemption Regulation

(AR 289/97) is repealed.

(2) Despite the repeal of the Community Organization 1998 Property Tax

Exemption Regulation (AR 289/97), that Regulation continues to apply to

taxation in 1998.

Expiry

23 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on December 31, 2003.

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

Alberta Regulation 282/98

Municipal Government Act

STANDARDS OF ASSESSMENT AMENDMENT REGULATION

Filed: December 23, 1998

Made by the Minister of Municipal Affairs (M.O. L:546/98) pursuant to

section 322 of the Municipal Government Act.

1 The Standards of Assessment Regulation (AR 365/94) is amended by this

Regulation.

Section 1(

d) is repealed.

Section 2(3) is amended

(

a) in clause (

b) by striking out "occupied" and substituting "used

but not necessarily occupied";

(

b) by repealing clause (

c) and substituting the following:

(

c) an area of 3 acres located within a larger parcel

of land where any part of the larger parcel is used but not necessarily

occupied for residential purposes;

(

c) in clause (d)(ii) by striking out "is not occupied for any

purpose but".

Section 3 is amended

(

a) in subsection (1) by repealing clause (

b) and substituting the

following:

(

b) for other improvements, market value.

(

b) by repealing subsection (2).

Section 4 is repealed.

Section 7 is amended by adding the following after subsection (2):

(3) The assessor must elect to comply with Appendix III or Appendix

IV to the guidelines referred to in subsection (2) and on making the

election must prepare all assessments for machinery and equipment in the

municipality in accordance with that election.

(4) Where the assessor elects to comply with Appendix III to the

guidelines referred to in subsection (2), the assessor must notify the

Minister of that election.

(5) Subsections (3) and (4) have no effect after December 31, 1999.

7 The following is added after

section 7:

Valuation standard for a parcel and improvements

7.1 When an assessor is preparing an assessment for a parcel of

land and the improvements to it, the valuation standard for the land and

improvements is market value

(

a) unless the land is a parcel used for

farming operations, in which case the valuation standard in

section 2(1)(

b) applies to the land, and

(

b) unless the improvement is railway,

linear property or machinery and equipment, in which case the valuation

standard in

section 5, 6 or 7, as the case may be, applies to the

improvement.

Section 8 is repealed and the following is substituted:

Actions under the Municipal Government Act

8 When a property is used for farming operations or residential

purposes and an action is taken under

Part 17 of the Act that has the

effect of permitting or prescribing for that property some other use, the

assessor must determine its value

(

a) in accordance with its residential use, for that

part of the property that is occupied by the owner or the purchaser or the

spouse or dependant of the owner or purchaser, and is used exclusively for

residential purposes, or

(

b) based on agricultural use value, if the property is

used for farming operations, unless

section 2(3) applies.

Section 11 is amended by striking out "or depreciated replacement

cost".

10 This Regulation comes into force on December 31, 1998.

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Alberta Regulation 283/98

Municipal Government Act

TRANSITIONAL AMENDMENT REGULATION

Filed: December 23, 1998

Made by the Minister of Municipal Affairs (M.O. L:547/98) pursuant to

section 710 of the Municipal Government Act.

1 The Transitional Regulation (AR 372/94) is amended by this Regulation.

Section 2 is amended

(

a) by repealing subsection (3);

(

b) by adding the following after subsection (4):

(5) Despite subsections (1) and (2), the County of Red Deer

and Yellowhead County must prepare assessments in accordance with the new

Act for property in those municipalities that falls within class 3 as set

out in

section 297(1)(

c) of the new Act not later than for the taxation

year

Section 3 is amended by repealing subsections (3) and (4).

4 The following sections are repealed:

section 6;

sections 8 to 13;

sections 14 and 15;

sections 19, 20 and 20.1.

5 This Regulation comes into force on December 31, 1998.

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Alberta Regulation 284/98

Safety Codes Act

EXEMPTION AMENDMENT REGULATION

Filed: December 31, 1998

Made by the Minister of Labour (M.O. 29/98) pursuant to

section 2(2) of the

Safety Codes Act.

1 The Exemption Regulation (AR 199/96) is amended by this Regulation.

Section 2(

a) is amended by striking out "installed in a private

residence" and substituting "serving a privately owned single family

dwelling unit".

Section 3 is amended

(

a) by striking out "clause 5.2.2.4.(1)(

a) of the Alberta Fire

Code, 1992" and substituting "clause 5.8.1.4.(1)(

a) of the Alberta Fire

Code 1997";

(

b) in clause (

d) by striking out "Alberta Fire Code, 1992" and

substituting "Alberta Fire Code 1997".

Section 8 is amended by striking out "December 31, 1998" and

substituting "December 31, 2003".