Alberta Gazette — 15 June (ii)

0615 ii

Alberta — Gazette

Alberta Gazette — 15 June (ii)

0615 ii

Alberta — Gazette

Alberta Regulation 89/2000

Marketing of Agricultural Products Act

TURKEY MARKETING AMENDMENT REGULATION

Filed: May 16, 2000

Made by the Alberta Turkey Producers on April 6, 2000 pursuant to sections

26 and 27 of the Marketing of Agricultural Products Act.

1 The Turkey Marketing Regulation (AR 113/98) is amended by this

Regulation.

2 The following is added after

section 22:

Appointment of attorney

22.1(1) Subject to subsections (3) and (4), a person who has loaned

money to a producer may apply to the Board to register an appointment of

attorney.

(2) An appointment of attorney must be in a manner satisfactory to

the Board.

(3) Only one appointment of attorney may be registered in respect of

a producer.

(4) The Board shall not register an appointment of attorney if there

is a financial interest under

section 21 registered in respect of the

production facilities of that producer.

(5) The Board shall not register an appointment of attorney unless

it is signed by the producer that is affected by it.

(6) An appointment of attorney is only effective from the date the

Board acknowledges in writing that it is registered.

(7) If the Board has acknowledged registration of the appointment of

attorney, the Board shall not approve an application for

(

a) the cancellation and reallocation of the quota

specified in the appointment of attorney,

(

b) the lease of the quota specified in the appointment

of attorney, or

(

c) the transfer of an ownership interest in the quota

specified in the appointment of attorney,

unless the person appointed as the attorney signs the application.

Alberta Regulation 90/2000

Maintenance Enforcement Act

MAINTENANCE ENFORCEMENT AMENDMENT REGULATION

Filed: May 17, 2000

Made by the Lieutenant Governor in Council (O.C. 175/2000) on May 17, 2000

pursuant to

section 36 of the Maintenance Enforcement Act.

1 The Maintenance Enforcement Regulation (AR 2/86) is amended by this

Regulation.

Section 2.2 is amended

(

a) in subsection (1) by repealing clause (d);

(

b) by repealing subsection (3).

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

Alberta Regulation 91/2000

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: May 17, 2000

Made by the Lieutenant Governor in Council (O.C. 176/2000) on May 17, 2000

pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 127/99)

is amended by this Regulation.

Section 4 is amended by adding the following after subsection (13):

(14) The responsibility for the administration of the Blind Persons'

Rights Act is transferred to the Minister of Community Development.

Section 9(1)(

f) is repealed.

Alberta Regulation 92/2000

Cemetery Companies Act

CEMETERY COMPANIES AMENDMENT REGULATION

Filed: May 17, 2000

Made by the Lieutenant Governor in Council (O.C. 177/2000) on May 17, 2000

pursuant to

section 27 of the Cemetery Companies Act.

1 The Cemetery Companies Regulation (AR 264/99) is amended by this

Regulation.

Section 4 is amended by striking out "$50" and substituting "$10".

3 This Regulation comes into force on July 2, 2000.

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

Alberta Regulation 93/2000

Fair Trading Act

DESIGNATION OF TRADES AND BUSINESSES

AMENDMENT REGULATION

Filed: May 17, 2000

Made by the Lieutenant Governor in Council (O.C. 178/2000) on May 17, 2000

pursuant to

section 103 of the Fair Trading Act.

1 The Designation of Trades and Businesses Regulation (AR 178/99) is

amended by this Regulation.

2 The following is added after

section 2:

Marketing of electricity business

2.1(1)

Part 10 of the Fair Trading Act applies to the marketing of

electricity business.

(2) In this section,

(a) "consumer" means a person who takes delivery of

electricity at the person's place of consumption by means of the electric

distribution system of a distributor, but does not include a person if the

person's total use of electricity, based on the person's use of electricity

before the date that the marketing contract is offered or signed, would

reasonably be expected to be more than 250 MWh in a year;

(b) "electricity" means electricity as defined in the

Electric Utilities Act;

(c) "electricity services" means the services

associated with the provision of electricity to a consumer;

(d) "marketer" means a person who is engaged in the

marketing of electricity business;

(e) "marketing contract" means a contract or

arrangement under which a consumer obtains either or both of

(

i) a supply of electricity from a

marketer, or

(ii) electricity services from a marketer,

but does not include a contract or arrangement for

electricity or electricity services under the terms of a regulated rate

tariff approved by, or filed with, the Alberta Energy and Utilities Board

under the Regulated Rate Option Regulation (AR 45/2000) or a contract

assigned to a retailer appointed as a supplier of last resort under

section

12 of the Roles, Relationships and Responsibilities Regulation (AR

86/2000);

(f) "marketing of electricity business" means the

business

(

i) of soliciting, negotiating, concluding

or performing the whole or any part of a marketing contract on behalf of a

consumer, or

(ii) of soliciting a consumer in any manner

for the purpose of having the consumer enter into a marketing contract or

of negotiating, concluding or performing the whole or any part of a

marketing contract.

3 The following is added after

section 3(3)(v):

(

w) a person who is engaged in the marketing of

electricity business as designated under

section 2.1 and is licensed under

the Electricity Marketing Regulation.

4 This Regulation comes into force on June 1, 2000.

Alberta Regulation 94/2000

Surveys Act

CADASTRAL MAPPING FEE ORDER

Filed: May 18, 2000

Made by the Minister of Environment (M.O. 33/2000) on May 16, 2000 pursuant

section 46(

b) of the Surveys Act.

Table of Contents

Cadastral mapping fee 1

Exempted plans 2

Repeal 3

Expiry 4

Cadastral mapping fee

1 Subject to

section 2, a cadastral mapping fee of $100 must be paid at

the time a plan of survey or descriptive plan is submitted for registration

at the Land Titles Office.

Exempted plans

2 There is no cadastral mapping fee in respect of

(

a) a plan of survey or descriptive plan of land entirely within

the City of Calgary;

(

b) a plan of survey or descriptive plan of land that is entirely

Metis patented land as defined in

section 1(k.1) of the Surveys Act;

(

c) a plan of survey or descriptive plan of land entirely within

(

i) a National Park, or

(ii) an Indian reserve.

Repeal

3 The Cadastral Mapping Fee Order (M.O. 16/99) filed as Alberta

Regulation 90/99 is repealed.

Expiry

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

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

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

on March 31, 2005.

Alberta Regulation 95/2000

Co-operative Associations Act

FEE REGULATION

Filed: May 23, 2000

Made by the Minister of Government Services (M.O. C:005/00) on May 16, 2000

pursuant to

section 53 of the Co-operative Associations Act.

Fees

1 The fees payable under the Act are the following:

(

a) for Certificate of Incorporation $100

(

b) for Certificate of Amendment 25

(

c) for Certificate of Amalgamation 100

(

d) for Certificate of Revival 100

(

e) for Certificate of Dissolution Nil

(

f) to accompany annual return sent to

Registrar Nil

(

g) to accompany annual return if late Nil

(

h) for Certificate of Status 5

(

i) for Certificate of Change of Association

Name 25

(

j) for any certificate or certification for

which a fee is not provided 25

(

k) for search - for each corporation

(microfiche only) 5

(

l) for certification, per file 5

(

m) for appointment of a receiver Nil

(

n) for the Small Co-operative, Director's

Handbook 15

(

o) for printed search, per corporation 1

Repeal

2 The Fee Regulation (AR 77/92) is repealed.

Expiry

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

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

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

on June 30, 2005.

Coming into force

4 This Regulation comes into force on July 2, 2000.

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

Alberta Regulation 96/2000

Fair Trading Act

AUTOMOTIVE BUSINESS AMENDMENT REGULATION

Filed: May 23, 2000

Made by the Minister of Government Services (M.O. C:004/00) on May 16, 2000

pursuant to sections 105(1)(d), 139(

h) and 140(

d) of the Fair Trading Act.

1 The Automotive Business Regulation (AR 192/99) is amended by this

Regulation.

Section 2 is amended by repealing subsection (3) and substituting the

following:

(3) All general automotive business licences expire on June 30,

3 The following is added after

section 3:

Deemed date of issue of licence referred to in s3

3.1(1) Where a person applies not later than July 1, 2000 for a

licence referred to in

section 3, the licence applied for is deemed to have

been issued on July 1, 2000, whether the person held a general automotive

business licence before the application or not.

(2) Subsection (1) does not preclude the Director from refusing to

issue a licence referred to in

section 3 if, in the opinion of the

Director, there has been insufficient information provided by the applicant

to justify issuing the licence.

Section 5 is repealed and the following is substituted:

Term of licence

5(1) Where a person holds a general automotive business licence

before June 30, 2000 and applies for a licence referred to in

section 3,

the new licence issued to that person expires in accordance with the

following:

(

a) if the general automotive business licence would

have expired in July, August or September, the new licence has an initial

term of 15 months;

(

b) if the general automotive business licence would

have expired in October, November or December, the new licence has an

initial term of 6 months;

(

c) if the general automotive business licence would

have expired in January, February or March, the new licence has an initial

term of 9 months;

(

d) if the general automotive business licence would

have expired in April, May and June, the new licence has an initial term of

12 months.

(2) After the expiry of the initial term set out in subsection (1),

a licence referred to in

section 3 has a term of one year.

(3) Where a person does not hold a general automotive business

licence before June 30, 2000 and applies for a licence referred to in

section 3, the licence issued to that person has a term of one year.

(4) In a case where, in the opinion of the Director, it is in the

public interest to issue a licence referred to in

section 3 for a term of

less than one year, the Director may do so.

5 The following is added after

section 17:

Deemed effective date of registration of salesperson

17.1(1) Where a person applies not later than July 1, 2000 for

registration as a salesperson, the registration is deemed to be effective

on July 1, 2000.

(2) Subsection (1) does not preclude the Director from refusing to

register a person as a salesperson if, in the opinion of the Director,

there has been insufficient information provided by the applicant to

justify the registration.

Section 20 is repealed and the following is substituted:

Term of registration of salesperson

20 The term of registration of a salesperson is equal to the term of

the licence held by the licensee by whom the salesperson is employed.

Expiry of registration of salesperson

20.1(1) The registration of a salesperson expires

(

a) when the licence held by the licensee by whom the

salesperson is employed is no longer in force, or

(

b) when the licensee by whom the salesperson is

employed no longer authorizes the salesperson to act on its behalf.

(2) A salesperson must, not later than 7 days after the

salesperson's registration expires under subsection (1), return the

certificate of registration to the Director.

Section 25 is amended by adding "for the purposes of

section 136(8) of

the Act" after "agents".

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

Alberta Regulation 97/2000

Alberta Energy and Utilities Board Act

ADMINISTRATION FEE REGULATION

Filed: May 23, 2000

Made by the Alberta Energy and Utilities Board on May 18, 2000 pursuant to

section 3.3 of the Alberta Energy and Utilities Board Act.

Administration fees

1 The Board hereby prescribes the administration fees in the

Schedule to

this Regulation to be the fees payable for the purpose of

section 3.3 of

the Alberta Energy and Utilities Board Act by operators in respect of their

coal mines and power plants.

Prescribed date

2 For the purposes of

section 3.3 of the Alberta Energy and Utilities

Board Act and this Regulation, the prescribed date for the fiscal year

2000-2001 is March 31, 2001.

Notice and appeal

3(1) This

section applies where an administration fee is prescribed in the

Schedule in respect of a particular fiscal year of the Board.

(2) The Board shall send a notice to each operator that

(

a) sets out the facilities of the operator to which the

administration fee relates,

(

b) sets out the administration fee that is payable in respect of

each facility, including an explanation of how the fee was calculated, and

(

c) requires the operator to pay the administration fee to the

Board within 30 days of the mailing date shown in the notice.

(3) Any person to whom a notice is given may appeal the notice, in whole

or in part, to the Board by serving a notice of appeal on the Board within

30 days of the mailing date shown in the notice.

(4) The Board may hear an appeal on any grounds the Board considers

proper.

(5) The notice of appeal must be signed by the appellant and must set out

the name of the appellant, the name of the appellant's agent, if any, the

grounds and particulars of the appeal, and the address to which all further

correspondence concerning the appeal should be mailed.

(6) The notice of appeal must be served on the Board at the Board's

Calgary office not later then 4:00 p.m. on the last day for receipt of

notices of appeal.

(7) Notwithstanding that a notice of appeal is received after the last day

for receipt of notices of appeal, the Board may nevertheless accept the

notice of appeal where it considers it appropriate to do so.

(8) Within 30 days from the last day for receipt of notices of appeal, the

Board shall send to the appellant by ordinary mail a notice of hearing

indicating the date, time and place for the hearing of the appeal, and that

date shall not be earlier than 10 days after the mailing of the notice of

hearing.

(9) On the date set out in the notice of hearing the Board shall hear the

appeal and may decide at that time or defer its decision.

Penalty

4(1) Where an operator fails to pay all or part of the administration fee

within 30 days of the mailing date shown on the notice, the operator is

liable to pay a penalty to the Board in an amount equal to 20% of the

unpaid amount, unless the Board otherwise orders.

(2) Where an operator appeals a notice under

section 3 and the operator

fails to pay all or part of the administration fee immediately on

disposition of the appeal by the Board, the operator is liable to pay a

penalty to the Board in an amount equal to 20% of the unpaid amount.

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 May 31, 2005.

SCHEDULE

FISCAL YEAR 2000 - 2001

Coal Mines

Cardinal River Coals Ltd. $ 61,473

EPCOR Generation Inc. 79,662

Luscar Ltd. 244,719

Smoky River Coal Ltd. 39,846

TransAlta Utilities Corporation 324,300

$750,000

Power Plants

ATCO Electric Ltd. $120,687

City of Medicine Hat 13,901

EPCOR Generation Inc./Transmission Inc. 144,961

TransAlta Utilities Corporation 420,451

$700,000

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

Alberta Regulation 98/2000

Public Utilities Board Act

GENERAL ASSESSMENT ORDER FOR THE FISCAL YEAR 2000-2001

Filed: May 23, 2000

Made by the Alberta Energy and Utilities Board (Order U2000 - 182 ) on May

18, 2000 pursuant to

section 20.1(2) and (3) of the Public Utilities Board

Act.

1 The assessments for the purposes of

section 20.1 of the Public

Utilities Board Act for the fiscal year 2000-2001 are hereby prescribed as

set out in the Schedule.

2 The General Assessment Order for the Fiscal Year 1999-2000 (AR 144/99)

is repealed.

SCHEDULE

1 The following persons shall pay the following assessments in one lump

sum on or before June 30, 2000:

ATCO Electric Ltd. $241,509

AltaGas Utilities Inc. 32,044

Bonnyville Gas Company Limited 1,915

ATCO Gas and Pipelines Ltd. 238,787

CU Water Limited 558

EPCOR Generation Inc./Transmission Inc. 175,446

Northwestern Utilities Limited 302,576

NOVA Gas Transmission Ltd. 429,775

TransAlta Utilities Corporation 477,390

TOTAL $1,900,000

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

Alberta Regulation 99/2000

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: May 23, 2000

Made by the Alberta Energy and Utilities Board on May 18, 2000 pursuant to

sections 47 and 48 of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulations (AR 151/71) are amended by

this Regulation.

Section 16.081 is repealed and the following substituted:

16.081 For the 2000/2001 fiscal year of the Board, the annual

adjustment factor

(

a) of 1.166 must be applied to the administration fees

for wells in

section 16.070, and

(

b) of 1.86 must be applied to the administration fees

for oil sands projects in

section 16.080.

Section 16.100 is repealed and the following is substituted:

16.100 For the purpose of

Part 11 of the Act, the prescribed date

for the 2000/2001 fiscal year of the Board is March 31, 2001.

Alberta Regulation 100/2000

Judicature Act

ALBERTA PROVINCIAL JUDGES COMPENSATION

COMMISSION REGULATION

Filed: May 24, 2000

Made by the Lieutenant Governor in Council (O.C. 184/2000) on May 24, 2000

pursuant to

section 32.92 of the Judicature Act.

Table of Contents

Definitions 1

Role of the Commission 2

Commission 3-6

Scope of the inquiry 7

Commission report 8-11

Inquiry and report procedures 12-26

Review 27

Communication 28-29

Costs 30

Judicial review 31

Notice 32

Effect of regulation 33

Definitions

1 In this Regulation,

(a) "Association" means the Alberta Provincial Judges' Association;

(b) "Commission" means the Alberta Judicial Compensation Commission

appointed under

section 3(3);

(c) "compensation" means the salary, pension, including the

contributions of the Government of Alberta and a judge, benefits and

allowances provided to the judges;

(d) "court" means The Provincial Court of Alberta;

(e) "Crown" means Her Majesty the Queen in right of Alberta as

represented by the Minister;

(f) "judges" means the judges of The Provincial Court of Alberta

and the masters in chambers appointed under the Court of Queen's Bench Act;

(g) "Minister" means the Minister of Justice and Attorney General;

(h) "reasons" means an explanation that meets the justification

standard under the Constitution of Canada used to evaluate decisions of a

government to depart from a recommendation of an independent body regarding

judicial compensation;

(i) "report" means the report of the Commission under

section 8

and, if any, under

section 26 and includes the recommendations relating to

judicial compensation.

Role of the Commission

2(1) This Regulation provides a framework for establishing an independent,

effective and objective commission for the determination of issues relating

to judicial compensation.

(2) The inquiry process and the report of the Commission will contribute

to maintaining and enhancing the independence of the court and the judges.

Commission

3 The Alberta Judicial Compensation Commission consists of one member who

is appointed by the Minister with the agreement of the Association and the

Chief Judge of the Provincial Court.

Commission

4 Active judges, members of the Legislative Assembly, members of other

boards and commissions appointed by the Province of Alberta, persons who

hold office by way of an appointment by the Province of Alberta and public

service "employees", as defined in the Public Service Act, may not be a

member of the Commission.

Commission

5 The Crown shall pay the Commission member such remuneration and

expenses, including but not limited to counsel, expert and secretarial

services, as are reasonable in the circumstances and must make such

resources available as the Commission determines to be necessary to assist

it in the performance of its functions.

Commission

6 The Crown shall establish the remuneration for the Commission member.

Scope of the inquiry

7 The Commission must conduct an inquiry at such times as are determined

by the Lieutenant Governor in Council respecting

(

a) the appropriate level of compensation for judges sitting full

or part time or on a supernumerary basis,

(

b) the appropriate design and level of judges' pension benefits of

all kinds,

(

c) the appropriate level and kinds of benefits and allowances of

judges, and

(

d) such other issues relevant to the financial security of the

judges which the Commission agrees to resolve.

Commission Report

8 The Commission must present a report to the Minister at a time

determined by the Minister.

Commission report

9 Within 90 days of the presentation of the report under

section 8, the

Minister must place the report presented under

section 8 before the

Lieutenant Governor in Council, obtain its decision, and if any of the

recommendations in the report are not accepted, ensure reasons for not

accepting any of the recommendations in the report are provided.

Commission report

10 The effective date of any recommendations in a report are April 1,

2000 and are for the period April 1, 2000 to March 31, 2003 inclusive.

Commission report

11(1) The recommendations in a report are binding on the Crown unless the

Lieutenant Governor in Council decides otherwise, in writing delivered to

the Association within 90 days of presentation of the report under

section

8 which decision must be accompanied by written reasons justifying the

rejection of such recommendations in whole or in part.

(2) If the Commission amends, alters or varies the report, pursuant to

section 26, the 90 days run from the date of variation.

Inquiry and report procedures

12 The Commission must give public notice of the commencement of its

inquiry as it considers necessary and such notice must advise of the

closing date for written submissions.

Inquiry and report procedures

13 The Crown and the Association may confer prior to, during or following

the commencement of the inquiry for the purpose of creating, if possible,

an agreed statement of facts and an agreed list of exhibits for the use of

the Commission.

Inquiry and report procedures

14(1) The Commission must consider all relevant written and oral

submissions made to it by the Crown, the Association, individual judges and

members of the public.

(2) Written submissions, information requests by the Crown and the

Association and the responses to information requests, must be provided in

accordance with the time lines set by the Commission.

(3) The Commission may on application direct the Crown and the Association

to produce documents not subject to privilege.

Inquiry and report procedures

15(1) At the earliest opportunity, prior to the Commission hearing oral

submissions, the Crown and the Association must meet with the Commission to

address the scheduling of witnesses, the conduct of the inquire any

preliminary matters that may arise and such other matters as the Commission

sees fit.

(2) The Crown and the Association will provide the Commission with an

agreed statement of facts and an agreed list of exhibits to be filed, to

the extent that they have been able to agree on them.

Inquiry and report procedures

16 The Commission may use a court reporter to record any oral evidence

and must provide transcripts to those who request them and pay the required

fee.

Inquiry and report procedures

17 The Commission may accept such evidence as is relevant to the

determination of the issues and is not required to adhere to the rules of

evidence applicable to courts of civil or criminal jurisdiction.

Inquiry and report procedures

18(1) Any member of the public is entitled to attend the inquiry and to

make written submissions to the Commission.

(2) The Commission may, after hearing from the Crown and the Association,

choose to limit to written submissions any submission from an individual

judge

(3) The Commission may, after hearing from either the Crown or the

Association, grant leave to any member of the public to make oral

submissions.

(4) The Commission may require the attendance of any person who has filed

a written submission and may require that person to respond to any

questions from either the Crown or the Association, as well as from the

Commission.

(5) If any person fails to appear when required to do so or to respond to

questions as directed, the Commission may ignore the written submissions of

the person who fails to appear or respond to a question as directed.

(6) The Commission may not award costs for written submissions but may

award the reasonable travel, accommodation and meal expenses of anyone

required by the Commission to attend.

Inquiry and report procedures

19 Any one requesting copies of any written submissions to the Commission

is entitled to receive a copy of the submissions on payment of a reasonable

fee.

Inquiry and report procedures

20 The recommendations in a report must be based solely on the evidence

submitted to the Commission.

Inquiry and report procedures

21(1) Evidence may be presented to the Commission in either or both of the

following:

(

a) an agreed statement of facts and list of exhibits;

(

b) the Crown and the Association may present evidence through its

witnesses;

(2) The testimony of witnesses must be under oath or affirmation.

(3) The Association and individual judges who, at their own expense, wish

to make personal oral submissions and have been granted leave to do so,

must present their evidence first, following which the Crown must present

its evidence and finally, the Association, including any individual judges

who wish to make personal oral submissions, may present their rebuttal

evidence.

(4) A witness is subject to direct examination, cross-examination and

redirect examination and questioning by the Commission.

(5) Unless the Commission grants leave, only the Crown, the Association

and individual judges may make oral submissions.

Inquiry and report procedures

22(1) After the Commission has heard the evidence, the Commission must

hear oral argument from the Association and the Crown.

(2) The Association may proceed first and, if it does, it has the right of

reply.

Inquiry and report procedures

23 The Commission may determine such other procedures as may be necessary

to effectively carry out its inquiry.

Inquiry and report procedures

24 Prior to the commencement of the inquiry, either the Association or

the Crown may initiate a reference to the Commission relating to procedure,

by serving written notice on the Crown or the Association, as the case may

be, and the Commission at least 3 clear days prior to the day on which the

Commission commences its inquiry.

Inquiry and report procedures

25 The Commission, in making the recommendations in its report, must give

every consideration to the following criteria:

(

a) the constitutional law of Canada;

(

b) the need to maintain the independence of the judiciary;

(

c) the unique nature of the judges' role;

(

d) the need to maintain a strong court by attracting highly

qualified applicants;

(

e) how the Alberta compensation package compares to compensation

packages in other jurisdictions, having regard to the differences between

these jurisdictions in Canada, including the federal jurisdiction;

(

f) the growth and decline in real per capita income;

(

g) the need to provide fair and reasonable compensation for judges

in light of prevailing economic conditions in Alberta and the overall state

of the economy;

(

h) the cost of living index and the position of the judges

relative to its increases;

(

i) the nature of the jurisdiction of the court and masters in

chambers;

(

j) the current financial position of the government; and

(

k) any other factors relevant to the matters in issue.

Inquiry and report procedures

26 The Commission may, within 15 days after presentation of the report

under

section 8, on application by either the Crown or the Association made

within 7 days after the presentation of the report under

section 8, subject

to affording either the Crown or the Association, as the case may be, the

opportunity to make representations to the Commission, amend, alter or vary

its report where it is shown to the Commission's satisfaction that it has

failed to deal with any matter properly arising from the inquiry or that an

error is apparent in the report.

Review

27 The Crown and the Association may meet at any time to discuss

improvements to the Commission inquiry process.

Communica-tion

28 The Minister must advise the Association of any change made to the

judges' compensation after the presentation of a report under

section 8

within 7 days of the Lieutenant Governor in Council's decision to change

the judges' compensation and the Association must inform the judges of any

such change.

Communica-tion

29(1) The Minister must provide the Association with one updated copy of

the legislation, regulations or schedules related to changes described in

section 28.

(2) The Association must provide the judges with updated copies of

legislation, regulations or schedules as necessary.

Costs

30 The Commission may order the Crown to pay the reasonable costs

incurred by the Association in making its submissions to the Commission.

Judicial review

31(1) If

(

a) the Lieutenant Governor in Council makes a decision rejecting

the Commission report or one or more of the recommendations contained in

the Commission report,

(

b) the Association brings an application for judicial review of

that decision, and

(

c) the application for judicial review is successful,

the Lieutenant Governor in Council has 90 days from the day that the

application is granted to reconsider the Commission report in accordance

with the directions, if any, of the Court.

(2) Where an application for judicial review is successful, the Commission

report is not deemed to be binding on the Crown solely because the reasons

given by the Lieutenant Governor in Council for the rejection of the

Commission report or one or more of the recommendations contained in the

Commission report were found to be inadequate by the Court.

Notice

32(1) Where notice is required to be given to the Crown, it shall be given

by leaving a written copy at the legislative office of the Minister of

Justice.

(2) Where notice is required to be given to the Association, it must be

given by leaving the written copy at the registered office of the

Association.

(3) If the Crown gives notice in writing of the appointment of counsel,

notice may be given by service on counsel as provided for in the Alberta

Rules of Court.

Effect of regulation

33 This Regulation only has effect for the Commission appointed in 2000.

Alberta Regulation 101/2000

Environmental Protection and Enhancement Act

Forests Act

FOREST RESOURCES IMPROVEMENT AMENDMENT REGULATION

Filed: May 24, 2000

Made by the Lieutenant Governor in Council (O.C. 185/2000) on May 24, 2000

pursuant to

section 35 of the Environmental Protection and Enhancement Act

and sections 4 and 30 of the Forests Act.

1 The Forest Resources Improvement Regulation (AR 152/97) is amended by

this Regulation.

2 The following is added after

section 1(e):

(e.1) "reforestation levy" means the reforestation levy that is

determined by the Association under

section 5.1;

Section 3(1) is amended by adding the following after clause (d):

(

e) for the reforestation of public land using

(

i) the reforestation levies collected by the Association, or

(ii) the cash and securities transferred to the Association

pursuant to

section 143.91 of the Timber Management Regulation (AR 60/73).

4 The following is added after

section 5:

Reforestation levy

5.1(1) Where a person is required to pay a reforestation levy under

the TMR, the person, whether or not a member of the Association, shall pay

the reforestation levy in an amount determined by the Association that is

based on the volume of timber on which the timber dues are based.

(2) The reforestation levy under subsection (1) is due and owing to

the Association when the timber dues referred to in

section 5(1) are due

and owing to the Crown.

(3) Where the Association proposes to change the amount of the

reforestation levy, it shall give reasonable prior notice of the proposed

change to the Minister.

Section 6(1) is amended by striking out "section 5" and substituting

"sections 5 and 5.1".

Section 11 is amended by adding ", the reforestation levy as required

under

section 5.1" after "section 5".

7 This Regulation comes into force on May 30, 2000.

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

Alberta Regulation 102/2000

Forests Act

TIMBER MANAGEMENT AMENDMENT REGULATION

Filed: May 24, 2000

Made by the Lieutenant Governor in Council (O.C. 186/2000) on May 24, 2000

pursuant to sections 4 and 30 of the Forests Act.

1 The Timber Management Regulation (AR 60/73) is amended by this

Regulation.

Section 142.3 is amended

(

a) in subsection (2.3) by adding ", but before May 30, 2000" after

"September 1, 1996";

(

b) by adding the following after subsection (2.3):

(2.4) For areas cut under the authority of a coniferous timber

licence or deciduous timber licence on or after May 30, 2000, a holder of

one or more coniferous timber quota certificates or deciduous timber

allocations, as the case may be,

(

a) shall carry out reforestation under this

Part if

the holder's total combined annual allowable cut under the quota

certificate or allocation, as the case may be, is 10 000 cubic metres or

more, or

(

b) may elect, instead of carrying out the holder's

reforestation obligations under this Part, to pay to the Forest Resource

Improvement Association of Alberta, with respect to each timber licence if

the holder's total combined annual allowable cut under the certificates or

allocations, as the case may be, is less than 10 000 cubic metres, the

reforestation levies prescribed in accordance with

section 5.1 of the

Forest Resources Improvement Regulation (AR 152/97) for coniferous and

deciduous volumes cut.

Section 142.4 is amended

(

a) by repealing subsection (4) and substituting the following:

(4) A person who holds a commercial timber permit issued on or

after May 1, 1996, but before May 30, 2000, shall, with respect to the area

covered by the permit,

(

a) if the person is not a quota holder or a forest

management agreement holder, pay to the Minister,

(

i) in the case of a coniferous commercial

timber permit, the reforestation levy prescribed in

section 143.9(4)(a)(ii)

for coniferous volumes cut, and

(ii) in the case of a deciduous commercial

timber permit, the reforestation levy prescribed in

section 143.9(4)(b)(

i) for deciduous volumes cut and

section 143.9(4)(a)(ii) for coniferous

volumes cut,

(

b) if the person is a quota holder, complete such

reforestation or pay such a levy as the person would be required by

section

142.3 to carry out or pay if that permit were a timber licence, and

(

c) if the person is a forest management agreement

holder, carry out reforestation under this Part.

(

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

(4.1) A person who holds a commercial timber permit issued on or

after May 30, 2000 shall, with respect to the area covered by the permit,

(

a) if the person is not a quota holder or a forest

management agreement holder, pay to the Forest Resource Improvement

Association of Alberta the reforestation levies prescribed in accordance

with

section 5.1 of the Forest Resources Improvement Regulation (AR 152/97)

for coniferous and deciduous volumes cut,

(

b) if the person is a quota holder, complete such

reforestation or pay such a levy as the person would be required by

section

142.3 to carry out or pay if that permit were a timber licence, and

(

c) if the person is a forest management agreement

holder, carry out reforestation under this Part.

Section 142.5 is amended

(

a) by repealing subsection (3.2) and substituting the following:

(3.2) The holder of a local timber permit issued on or after May 1,

1996, but before May 30, 2000, shall pay to the Minister,

(

a) in the case of a coniferous local timber permit,

the reforestation levy prescribed in

section 143.9(4)(a)(ii) for coniferous

volumes cut, and

(

b) in the case of a deciduous local timber permit, the

reforestation levy prescribed in

section 143.9(4)(b)(

i) for deciduous

volumes cut and

section 143.9(4)(a)(ii) for coniferous volumes cut.

(

b) by adding the following after subsection (3.3):

(3.4) The holder of a local timber permit issued on or after May 30,

2000 shall pay to the Forest Resource Improvement Association of Alberta

the reforestation levies prescribed in accordance with

section 5.1 of the

Forest Resources Improvement Regulation (AR 152/97) for coniferous and

deciduous volumes cut.

Section 143.9 is amended by adding the following after subsection

(2.1):

(2.2) Notwithstanding anything in this Regulation, the rates for

reforestation levies under subsection (1) for both coniferous and deciduous

timber measured, manufactured or sold, as allowed or directed by the

Minister, on or after May 30, 2000 must be determined in accordance with

section 5.1 of the Forest Resources Improvement Regulation (AR 152/97).

6 The following is added after

section 143.9:

143.91 As soon as possible after the coming into force of this

section, all cash and securities held in an amount equal to the unexpended

reforestation levies paid to the Minister under this Regulation must be

transferred to the Forest Resource Improvement Association of Alberta.

7 This Regulation comes into force on May 30, 2000.

Alberta Regulation 103/2000

Government Organization Act

AUTHORIZED ACCREDITED AGENCIES AMENDMENT REGULATION

Filed: May 24, 2000

Made by the Lieutenant Governor in Council (O.C. 190/2000) on May 24, 2000

pursuant to

Schedule 10 of the Government Organization Act.

1 The Authorized Accredited Agencies Regulation (AR 184/95) is amended by

this Regulation.

2 The

Schedule is repealed and the following is substituted:

SCHEDULE

1. 2nd Look Inspection Services

122 Meadowlark Blvd., N., Lethbridge, Alberta

T1H 4J4

2. 545035 Alberta Ltd. (Inspection Inc.)

P.O. Box 5028, Airdie, Alberta

T4B 2B2

3. 780355 Alberta Ltd.

o/a McKee Inspection Services

16045 - 84 St., Edmonton, Alberta

T5Z 3G5

4. A-1 Inspection Service 540555 Alberta Limited

2634 - 15 Ave., S.E., Medicine Hat, Alberta

T1A 3S5

5. A.B.C. Inspection & Consulting Services

2516 - 116 St., Edmonton, Alberta

T6J 3S2

6. A.W.B. Building Inspection Service Agency

Box 1286, Brooks, Alberta

T1R 1C1

7. Action Elevator Service Ltd.

191, 440 - 10816 MacLeod Tr., S., Calgary, Alberta

T2J 5N8

8. Agra Earth and Environmental Limited

Bay 4, 5551 - 45 St., Red Deer, Alberta

T4N 1L2

9. AIM Project Services

712 MacLeay Rd., N.E., Calgary, Alberta

T2E 6A1

10. Albert S. Roach Fire Training & Consulting Services

Box 59, Site 8, R.R. 2, Stony Plain, Alberta

T7Z 1X2

11. Alberta Boilers Safety Association

200, 4208 - 97 St., Edmonton, Alberta

T6E 5Z9

12. Alberta Construction Standards Inc.

182, 52512 Range Rd. 214, Ardrossan, Alberta

T0B 0E0

13. Alberta Electrical Inspection Services Ltd.

10310 - 76 Ave., Grande Prairie, Alberta

T8W 1Y6

14. Alberta Elevating Devices & Amusement Rides Safety Association

207, 8616 - 51 Ave., Edmonton, Alberta

T6E 6E6

15. Alberta Elevator Inspection Services Ltd.

Box 5, Site 3, R.R. 2, Thorsby, Alberta

T0C 2P0

16. Alberta Fire Safety Services

Box 544, Turner Valley, Alberta

T0L 2A0

17. Alberta Inspection Company

Box 1667, Coaldale, Alberta

T1M 1N3

18. Alberta Inspection Services

4829 - 47 St. Close, Innisfail, Alberta

T4G 1V4

19. Alberta Permit Pro Inc.

12204 - 145 St., Edmonton, Alberta

T5L 4V7

20. Alberta Propane Vehicle Administration Organization

Propane Gas Association of Canada

1800, 300 - 5th Ave., S.W., Calgary, Alberta

T2P 3C4

21. Alcode Inspection Services Inc.

Box 32110, Edmonton, Alberta

T6K 4B5

22. All Trades Inspection Services Ltd.

52258 Range Rd. 232, Sherwood Park, Alberta

T8B 1B8

23. Allen and Associates, A Div. of 638101 Alberta Ltd.

Box 7815, Edson, Alberta

T7E 1V9

24. Altagas Utilities Inc., 5509 - 45 Street, Leduc, Alberta T9E 6T6

25. Alsafe Inspections Agency Ltd.

3916 - 44 Ave., Camrose, Alberta

T4V 3H2

26. Artisan Electric

Box 1891, Fort Macleod, Alberta

T0L 0Z0

27. B.E. Inspection Services Ltd.

1, 4646 - Riverside Drive, Red Deer, Alberta

T4N 6Y5

28. Badger Electrical Inspection Services

4824 - 48 St., Innisfail, Alberta

T4G 1N6

29. Barrow Electric Inc.

575 Mountain St., Hinton, Alberta

T7V 1H9

30. Biollo Agency Ltd.

60 Caledonia Dr., Leduc, Alberta

T9E 6S6

31. Boiler Inspection & Insurance Company of Canada

18 King St., E, Toronto, Ontario

M5C 1C4

32. Bond Electrical Consulting Ltd.

Box 5306, Devon, Alberta

T9G 1Y1

33. Bow Valley Safety Inspections

Box 30, Site 3, R.R. 1 Strathmore, Alberta

T1P 1J6

34. Bridge Electro-Mech Services Ltd.

8, 135 Jerry Potts Blvd., W., Lethbridge, Alberta

T1K 1H2

35. Broere Electric Ltd.

4024 - 49 St., Wetaskiwin, Alberta

T9A 2K2

36. C & M Elevator Maintenance Ltd.

216 - 39 Ave., N.E., Calgary, Alberta

T2E 2M5

37. Canadian Standards Association

1707 - 94 St., Edmonton, Alberta

T6N 1E6

38. Canspec Group Inc.

7450 - 18 St., Edmonton, Alberta

T6P 1N8

39. Certified Building Inspection Services

17231 - 113 St., Edmonton, Alberta

T5X 5X5

40. Chuck's Electrical Inspection Services Ltd.

Box 535, Alix, Alberta

T0C 0B0

41. City of Calgary Electrical Inspection Services

Box 2100, Station M, Mailing Code 8108, Calgary, Alberta

T2P 2M5

42. The City of Camrose - Agency

5204 - 50 Ave., Camrose, Alberta

T4V 0S8

43. City of Lethbridge Fire Department & Investigations Agency

2825 - 5th Ave., N., Lethbridge, Alberta

T1H 0P2

44. City of Red Deer Fire Prevention Inspection & Investigation

Box 5008, Red Deer, Alberta

T4N 3T4

45. Code Electrical Inspections

Site 1, Box 8, R.R. 1, Calgary, Alberta

T2P 2G4

46. Code Works Corporation

2 - 1201 Railway Ave., Canmore, Alberta

T1W 1R4

47. Comet Inspection Services

47 Colonial Way, Beaumont, Alberta

T4X 1M2

48. Concord Elevator (Alberta) Ltd.

10535 - 108 St., Edmonton, Alberta

T5H 2Z8

49. Consulting, Testing and Inspection Inc.

7606 - 110 St., Edmonton, Alberta

T6G 1G1

50. County of Leduc No. 25 - Agency

101, 1101 - 5th St., Nisku, Alberta

T9E 2X3

51. County of St. Paul No. 19 Inspection Services

5015 - 49 Ave., St. Paul, Alberta

T0A 3A4

52. D.R. Inspections & Permits Ltd.

46 Raabis St., Red Deer, Alberta

T4P 3P1

53. Dana Lewis

7289 Silvermead Rd. N.W

Calgary, AB T3B 0N1

54. Davis Electrical Inspection Services Ltd.

5916 Tipton Rd., N.W., Calgary, Alberta

T2K 3L2

55. Demco Enterprises Ltd.

11914 - 94A St., Grande Prairie, Alberta

T8V 4R9

56. Dransfield Inspection Services Ltd.

87 Piper Drive, Red Deer, Alberta

T4P 1L5

57. Ed Agoto Consulting & Inspection Services Inc.

14851 - 21 St., Edmonton, Alberta

T5Y 1S3

58. Edmonton Emergency Response Dept. - Agency

10565 - 105 St., Edmonton, Alberta

T5H 2W8

59. Electrical Inspection Services, Division of Ber-Mac Electrical

250 - 42 Ave., S. E., Calgary, Alberta

T2G 1Y4

60. Electro-Check Services

25 Kendrew Dr., Red Deer, Alberta

T4P 3V2

61. Elspect Electrical Ltd.

Bay 3, 1935 - 27 Ave., N.E., Calgary, Alberta

T2E 7E4

62. Epcor Technologies Inc.,

13410 St. Albert Trail, Edmonton, Alberta

T5L 4P2

63. Exclusive Building Inspection Agency

184 Tamarack Ave., Hinton, Alberta

T7V 1E2

64. Extreme Permit and Inspection Services

220 - Unit 3, 11 Bellerose Drive, St. Albert, Alberta

T8N 5C9

65. Fine Points Inspection Services

R.R. 2, Millet, Alberta

T0C 1Z0

66. Fire Investigations and Analysis 280333 Ltd.

1725 - 10 Ave., S.W., Calgary, Alberta

T3C 0K1

67. Fire Spectrum Incorporated

105 Edenston Pl, N.W., Calgary, Alberta

T3A 3Z3

68. Friendly Fire

33, 3528 Charles-wood Dr. N.W., Calgary, Alberta

T2L 2C3

69. G.W. Inspection Services

Box 418, Gibbons, Alberta

T0A 1N0

70. Gen-Dahl Management Corporation Ltd.

Box 3542, Airdrie, Alberta

T4B 2B7

71. Grande Prairie Fire Department - Agency

Bag 4000, 9905 - 100 St., Grande Prairie, Alberta

T8V 6V3

72. Grissol, Griselda & Co. Ltd. O/A G G Services

Box 1424, Whitecourt, Alberta

T7S 1P3

73. Hillside Home Inspection Services Inc.

12029 - 79 St., Edmonton, Alberta

T5B 2L4

74. Home Check Inc.

214, 11082 - 156 St., Edmonton, Alberta

T5P 4M8

75. I.J.D. Electrical Inspection Services

4234 - 33 St., Red Deer, Alberta

T4N 0N3

76. J and D Inspection Services

11930 - 67 St., Edmonton, Alberta

T5B 1M3

77. Johnston & Johnston Inspection Services

53062 Range Rd. 223, Ardrossan, Alberta

T8E 2M3

78. Kautz Inspection Services

15 Wildflower Cres., Strathmore, Alberta

T1P 1M9

79. Ken McLennan, An Alberta Corporation

Box 112, Islay, Alberta

T0B 2J0

80. Kenonic Controls Ltd.

7175 - 12 St., S.E., Calgary, Alberta

T2H 2S6

81. Kenonic Inspections Ltd.

7175 - 12 St., S.E., Calgary, Alberta

T2H 2S6

82. KJA Consultants Inc.

1708, 815 - 4 Ave., S.W., Calgary, Alberta

T2P 3G8

83. Kokanee Consultants Ltd.

Box 39, Site 3, R.R.2, Olds, Alberta

T4H 1P3

84. L.B. Electrical Inspection Services

6311 - 50A St. Cl., Ponoka, Alberta

T4J 1E5

85. L.P. Electrical Contracting and Consulting Services Ltd.

Box 637, Pincher Creek, Alberta

T0K 1W0

86. L/R Monsen Agency

7016 - 12 Ave., Edmonton, Alberta

T6K 3P8

87. Lerch Bates North America, Inc.

303, 6707 - Elbow Dr., S.W., Calgary, Alberta

T2V 0E5

88. Lexar Inspections Inc.

283 Bulyea Rd., N.W., Edmonton, Alberta

T6R 1R7

89. Local Inspection Services Ltd.

Box 453, Caroline, Alberta

T0M 0M0

90. Magna IV Engineering Ltd.

200, 4103 - 97 St., Edmonton, Alberta

T6E 6E9

91. Medicine Hat Fire Department

440 Maple Ave., S.E., Medicine Hat, Alberta

T1A 7S3

92. Michael P. Hermansen

Box 285, Breton, Alberta

T0C 0P0

93. Moffat Building Consultants

518, 304 - 8th Ave., S.W., Calgary, Alberta

T2P 1C2

94. Montgomery Inspection Agencies

Box 2530, Lacombe, Alberta

T0C 1S0

95. Montgomery Kone Elevator Co. Limited-Calgary

24, 666 Goddard Ave., N.E., Calgary, Alberta

T2K 5X3

96. Montgomery Kone Elevator Co. Limited-Edmonton

14204 - 128 Ave., Edmonton, Alberta

T5L 3H5

97. Municipal Safety Code Inspection Agency Inc.

201, 10211 - 100 Ave., Fort Saskatchewan, Alberta

T8L 1Y7

98. Municipality of Crowsnest Pass - Agency

Box 600, Blairmore, Alberta

T0K 0E0

99. Nett's Inspection Agency

Box 150, Provost, Alberta

T0B 3S0

100. Newbrook Inspection Agency

Box 1659, Brooks, Alberta

T1R 1B6

101. Northern Alberta Permit Centre

205, 9917-116 Ave., Grande Prairie, Alberta

T8V 3Y3

102. Nu-Options Permits & Inspections Ltd.

18421 - 91 Ave., Edmonton, Alberta

T5T 1N8

103. O.J. Inspection Services, D/O Peace Country Consulting Inc.

8206 - 102 Ave., Peace River, Alberta

T8S 1N2

104. Otis Canada, Inc.

1230-10 Ave., S.W., Calgary, AB

T3C 0J2

105. P.B.M. Associates Ltd., Northern Protection Services

10017 - Queen St., Fort McMurray, Alberta

T9H 4Y4

106. Palliser Regional Municipal Services

703 - 2 Ave., Drumheller, Alberta

T0J 0Y3

107. Paragon Inspection Services

4811 Claret St., N.W. Calgary, Alberta

T2L 1B9

108. Park Enterprises

6, 3160 - 12 Ave., N. Lethbridge, Alberta

T1H 5V1

109. Parkland Building Inspection Services

4016 - 42 St., Stony Plain, Alberta

T7Z 1J8

110. Peace Fire Services

Box 5332, Peace River, Alberta

T8S 1R9

111. Peter Holloway Consulting

20 Oakville Cres., Red Deer, Alberta

T4P 1S3

112. Petroleum Tank Management Assoc. of Alberta

1560, 10303 Jasper Ave., Edmonton, Alberta

T5J 3N6

113. Phoenix Development and Consulting Inc.

59 Corvette Green, N.E., Calgary, Alberta

T3K 4P1

114. Poletop High Voltage Inspection

Box 2277, Pincher Creek, Alberta

T0K 1W0

115. Pro-Acta Inspection Services (Div of 628832 AB Ltd.)

1, 2104 - 35 Ave., S.W., Calgary, Alberta

T2T 2E3

116. Pro-Train Fire and Safety Training Consultants

Box 62, Irricana, Alberta

T0M 1B0

117. Provincial Codes Safety Inspection Services Ltd.

C/o Frey & Associates Engineering Ltd.,

Box 7866, Drayton Valley, Alberta

T7A 1S9

118. Public Inspection Agency

201, 596 - Riverbend Sq., N.W.

Edmonton, Alberta

T6R 2E3

119. QA Projects Ltd.

653 Whiston Wynd, Edmonton, Alberta

T6M 2C3

120. R & E Elevator Ltd.

24 Newlands Ave., Red Deer, Alberta

T4P 1Z9

121. RAE Inspection Service

(1979) Ltd.

111, 4808 - 87 St., Edmonton, Alberta

T6E 5W3

122. Ramco Electrical Inspection

5th Floor, 744 - 4th Ave., S.W., Calgary, Alberta

T2P 3T4

123. Rappel Inspections Ltd.

Box 7385, Peace River, Alberta

T8S 1T1

124. Red Alert (Fire Prevention)

4 Huxley Pl., S.W., Calgary, Alberta

T2V 3G8

125. Regent Electrical Ltd.

Box 7915, Bonnyville, Alberta

T9N 2J2

126. Res-Com Inspections & Consulting

Box 663, Pincher Creek, Alberta

T0K 1W0

127. River View Inspection Services Ltd.

10828 - 30 St., Edmonton, Alberta

T5W 1V8

128. Ron's (RJ) Electrical Inspection & Consulting

5826 - 55 St., Barrhead, Alberta

T7N 1E2

129. Ron's Inspection Services

Box 7753, Bonnyville, Alberta

T9N 2J1

130. Rosebud Building Inspection Services

Box 712, Rosebud, Alberta

T0J 2T0

131. Royal Insurance

1500, 605 - 5th Ave., S.W., Calgary, Alberta

T2P 3Y5

132. RS Inspection Services

4518 Shannon Drive, Olds, Alberta

T4H 1C1

133. S.L.E. Inspection Services

Box 628, Gibbons, AB

T0A 1N0

134. Salus Building and Fire Safety Consultants Inc.

50 Ivy Cres., Sherwood Park, Alberta

T8A 1W4

135. Schindler Elevator Corporation

527 Manitou Rd., S.E., Calgary, Alberta

T2G 4C2

136. SCO Services

26 McLevin Cres., Red Deer, Alberta

T4R 1S9

137. Southeastern Inspection Services

Box 131, Burdett, Alberta

T0K 0J0

138. Sutton, Thomas Engineering Ltd.

200, 6131 - 6 St., S.E., Calgary, Alberta

T2H 1L9

139. Synergy Inspection Services

11008 - 162A Ave., Edmonton, Alberta

T5X 2A1

140. Taylor Quality Management (TQM)

Box 622, Millet, Alberta

T0C 1Z0

141. Techniques Inspection Agency

5318 - 38 Ave., Taber, Alberta

T1G 1B8

142. Thyssen Elevator Limited

3-4, 6320 - 11 St. SW, Calgary, Alberta

T2H 2L7

143. Town & Country Inspection Services

5616 - 43 St. Close, Olds, Alberta

T4H 1C3

144. Town of Didsbury - Agency

Box 790, Didsbury, Alberta

T0M 0W0

145. Town of Lacombe - Agency

5034 - 52 St., Lacombe, Alberta

T4L 1A1

146. Town of Whitecourt - Agency

Box 509, Whitecourt, Alberta

T7S 1N6

147. Transalta Utilities

100 Chippewa Rd., Sherwood Park, Alberta

T8A 4H4

148. Ultima Inspection Agency Corporation

Box 6419, Station D, Calgary, Alberta

T2P 2E1

149. UMA Inspection Services

514 Stafford Dr., N., Lethbridge, Alberta

T1J 3Z4

150. Val-Zehan Inspection Services

Box 757, Fort Macleod, Alberta

T0L 0Z0

151. Vinspec Ltd.

Box 1342, Sundre, Alberta

T0M 1X0

152. Virtue Project Inspection & Management Services Inc.

10708 - 176 St., Edmonton, Alberta

T5S 1G7

153. Westcan Fire Safety Services

1111, 4944 Dalton Drive, N.W., Calgary, Alberta

T3A 2E6

154. Western Ropeway Services

Box 2766, Banff, Alberta

T0L 0C0

155. Yellowhead Executive Services

Box 6852, Edson, Alberta

T7E 1V2

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

Alberta Regulation 104/2000

Gas Utilities Act

DESIGNATION REGULATION

Filed: May 24, 2000

Made by the Lieutenant Governor in Council (O.C. 195/2000) on May 24, 2000

pursuant to

section 25.1 of the Gas Utilities Act.

1 Sections 25.1 and 26 of the Gas Utilities Act apply to the following

owners of gas utilities:

(

a) AltaGas Utilities Inc.;

(

b) AltaGas Utility Holdings Inc.;

(

c) ATCO Gas and Pipelines Ltd.;

(

d) Bonnyville Gas Company Limited;

(

e) Canadian Utilities Limited;

(

f) CanUtilities Holdings Ltd.;

(

g) CU Inc.;

(

h) Northwestern Utilities Limited;

(

i) Orr Mineral Developments Ltd.;

(

j) TransAlta Corporation.

2 The Designation Regulation (AR 171/85) is repealed.

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

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

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

on November 30, 2005.

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

Alberta Regulation 105/2000

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: May 25, 2000

Made by the Minister of Environment (M.O. 08/2000) on May 18, 2000 pursuant

section 96 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.

2 ITEM 2 of

PART 4 of

SCHEDULE 4 is amended by striking out "Centrocercus

urophasianus (Sage Grouse)".

PART 1 of

SCHEDULE 6 is amended

(

a) in SUB-PART 1 by striking out "Falco peregrinus (Peregrine

Falcon)" and substituting "Centrocercus urophasianus (Sage Grouse)";

(

b) in SUB-PART 2 by adding "Falco peregrinus (Peregrine Falcon)"

after "Charadrius melodus (Piping Plover)".

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

Alberta Regulation 106/2000

Electric Utilities Act

POWER PURCHASE ARRANGEMENTS AMENDMENT REGULATION

Filed: May 26, 2000

Made by the Minister of Resource Development (M.O. 35/2000) on May 25, 2000

pursuant to

section 45.97 of the Electric Utilities Act.

1 The Power Purchase Arrangements Regulation (AR 170/99) is amended by

this Regulation.

Section 6 is repealed and the following is substituted:

Power purchase arrangements excluded from auction

6(1) In this section, "derivatives", in respect of a power purchase

arrangement that applies to a

Part 1 unit, means partial financial rights,

interests and obligations derived from the power purchase arrangement where

the underlying commodity is electricity or electricity services, but does

not include a transfer of the power purchase arrangement in whole or in

part to the buyer of the derivative.

(2) Notwithstanding

section 45.93(1) of the Act, a power purchase

arrangement that applies to a hydro unit and the power purchase arrangement

that applies to the H. R. Milner generating unit

(

a) are not to be offered for sale to the public at an

auction, but are deemed to have been sold to the balancing pool

administrator at an auction, and

(

b) are to be held by the balancing pool administrator

in the capacity of a purchaser for all purposes of the Act, the regulations

made under the Act and the power purchase arrangements.

(3) A power purchase arrangement that is held by the balancing pool

administrator under this

section has effect in accordance with its terms

and conditions.

(4) The balancing pool administrator who holds a power purchase

arrangement under this

section

(

a) may create derivatives and offer those derivatives

for sale to the public, and

(

b) may offer the power purchase arrangement that

applies to the H. R. Milner generating unit for sale to the public.

(5) The regulations referred to in

section 45.93(3) of the Act may

establish rules relating to the creation and sale of derivatives.

(6) Section 45.94 of the Act does not apply in respect of

(

a) the sale of derivatives under this section, or

(

b) the sale of the power purchase arrangement that

applies to the H. R. Milner generating unit under this section.

Alberta Regulation 107/2000

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: May 26, 2000

Made by the Minister of Environment (M.O. 25/2000) on May 18, 2000 pursuant

to sections 15, 25 and 96 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.

Section 96 is amended

(

a) by repealing clause (a)(iii) and substituting the following:

(iii) snakes, except prairie rattlesnakes, and bats,

throughout Alberta and from September 1 in one year to April 30 in the

next,

(

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

(a.1) to the dens of prairie rattlesnakes used as

hibernacula, throughout Alberta and throughout the year,

Schedule 6 is amended in

Part 1

(

a) in SUB-PART 1 by adding "Charadrius melodus (Piping Plover)" at

the end;

(

b) in SUB-PART 2 by striking out "Charadrius melodus (Piping

Plover)".

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

Alberta Regulation 108/2000

Charitable Fund-raising Act

CHARITABLE FUND-RAISING REGULATION

Filed: May 30, 2000

Made by the Minister of Government Services (M.O. C:006/00) on May 29, 2000

pursuant to

section 53 of the Charitable Fund-raising Act.

Table of Contents

Interpretation 1

Calculation of Gross Contributions

Gross contributions 2

Requirements Relating to Soliciting Contributions

References to solicitation 3

Providing information during solicitation 4

Records to be maintained 5

Audited financial statements 6

Financial information return 7

Trust requirements 8

Registration and Licensing Requirements

Registration of charitable organizations 9

Licensing of fund-raising business 10

Security

Meaning of claim 11

Declaring security forfeit 12

Valid unpaid claims 13

Application by claimant 14

Notice to fund-raising business 15

Admission but no payment 16

No reply by fund-raising business 17

Minister's jurisdiction when fund-raising business

disputes claim 18

Arbitration when fund-raising business disputes claim 19

Failure to comply by fund-raising business 20

Failure to comply by claimant 21

Decision provided to Minister 22

Appeal of arbitrator's award 23

Claim becoming valid under arbitrator's award 24

Claimant obtaining judgment 25

Proceeds of security 26

Remainder of security proceeds 27

Return of cash security 28

Extinguishment of late claims 29

Donor Fund-raisers

Donor fund-raiser information 30

Transitional Provisions, Repeals,

Expiry and Coming into Force

Existing bonds 31

Claims before June 1, 2000 32

Repeal 33

Expiry 34

Coming into force 35

Interpretation

1(1) In this Regulation,

(a) "Act" means the Charitable Fund-raising Act;

(b) "claim" means a claim described in

section 11;

(c) "claimant' means a person who has a claim.

(2) In this Regulation,

(

a) a reference to a solicitation made by a charitable organization

means a solicitation made by the charitable organization or its employees

or volunteers;

(

b) a reference to a solicitation made on behalf of a charitable

organization means a solicitation made by a fund-raising business on behalf

of the charitable organization;

(

c) a reference to a solicitation made by a fund-raising business

means a solicitation made by a fund-raising business or the employees or

volunteers of the fund-raising business.

Calculation of Gross Contributions

Gross contributions

2(1) For the purposes of the Act and this Regulation, the gross

contributions of a charitable organization in respect of a financial year

are calculated by adding the following contributions that it receives from

persons in Alberta during that financial year as a result of solicitations:

(

a) all cash received and the total dollar amount of cheques

received that have cleared, including bequests, loose collections and

amounts received from other charitable organizations;

(

b) the value, as determined by the charitable organization, of all

goods and services received, including all real or personal property

whether or not it is subject to conditions or a trust;

(

c) the cash surrender value of life insurance policies and the

amount of premiums that a donor pays directly to the insurance company on

behalf of the charitable organization;

(

d) grants and payments received from a government or government

agency.

(2) If a charitable organization gives a receipt for the purposes of the

Income Tax Act (Canada) in respect of a contribution, the amount to be

included in gross contributions under this

section in respect of the

contribution is the amount specified in the receipt.

(3) Gross contributions do not include

(

a) a pledge of a contribution unless the contribution is received

by the charitable organization, or

(

b) contributions received as a result of solicitations to which

the Act does not apply.

(4) For the purposes of

section 9(1)(

b) of the Act, the calculation of

gross contributions of a charitable organization does not include grants

and payments received from a government or government agency.

(5) When gross contributions are being calculated under

section 12(3) or

(4) of the Act in respect of solicitations made only to individuals, the

gross contributions include only those contributions received from

individuals within the meaning of that term under

section 12 of the Act.

(6) This

section does not apply to gross contributions referred to in

section 29(2) of the Act.

Requirements Relating to Soliciting Contributions

References to solicitation

3 A reference to a solicitation in sections 4 to 7 of this Regulation is

to a solicitation to which

Part 1 of the Act applies.

Providing information during solicitation

4(1) For the purposes of

section 6 of the Act, a person who makes a

solicitation must provide the person who is being solicited with the

following information:

(

a) the name of the charitable organization making the solicitation

or on whose behalf the solicitation is being made;

(

b) the charitable purpose for which contributions will be used;

(

c) the charitable organization's estimate of the costs of making

the solicitations and the activities directly related to making the

solicitations and the charitable organization's estimate of the

contributions that it will receive as a result of the solicitations;

(

d) the address of the charitable organization and, if

incorporated, the charitable organization's place of incorporation;

(

e) the name and telephone number of a contact person in the

charitable organization to whom the person being solicited may direct any

inquiries;

(

f) if the charitable organization uses a fund-raising business to

make solicitations on its behalf or to manage or be responsible for

solicitations made by or on behalf of the charitable organization,

(

i) the operating name and full legal name of the

fund-raising business, and

(ii) how the remuneration of the fund-raising business

is determined.

(2) The estimates referred to in subsection (1)(

c) must be provided one

after the other with no intervening information in between.

(3) The information referred to in subsection (1) must be provided orally

or in writing.

Records to be maintained

5(1) For the purposes of

section 7(

c) of the Act, every charitable

organization that makes solicitations must make available for inspection in

Alberta

(

a) original or true copies of its audited financial statements or

financial information return required under

section 8 of the Act for the

financial year in which the solicitations were made;

(

b) reasonable samples of publications or other information

provided to persons solicited and any telephone scripts used to make the

solicitations;

(

c) copies of all receipts given under

section 10 of the Act in

respect of the solicitations;

(

d) if a fund-raising business was used to make solicitations on

behalf of the charitable organization or if a fund-raising business managed

or was responsible for the solicitations, a true copy of the fund-raising

agreement between the charitable organization and the fund-raising business

and any amendments to the agreement;

(

e) if money received as a result of the solicitations is deposited

into an account in a financial institution under

section 11 of the Act,

records of all transactions in the account and a record of the names of the

signing officers of the charitable organization authorized to deal with the

account.

(2) For the purposes of

section 7(

c) of the Act, every fund-raising

business that makes solicitations must maintain in Alberta

(

a) reasonable samples of publications or other information

provided to persons solicited and any telephone scripts used to make the

solicitations;

(

b) copies of all receipts given under

section 10 of the Act in

respect of the solicitations;

(

c) a true copy of the fund-raising agreement and any amendments to

the agreement between the fund-raising business and the charitable

organization for which the fund-raising business was making the

solicitations;

(

d) records of any expenses of the fund-raising business paid by

the charitable organization for which the fund-raising business was making

the solicitations;

(

e) records of the deposits of monetary contributions made by the

fund-raising business or the fund-raising business's employees under

section 11 of the Act.

(3) The information and records referred to in subsections (1) and

(2) must be maintained for 3 years from their creation.

Audited financial statements

6(1) For the purposes of

section 8 of the Act, a charitable organization

must prepare audited financial statements for a financial year if

(

a) solicitations were made by or on behalf of the charitable

organization during the financial year, and

(

b) the gross annual income of the charitable organization for the

financial year was $100 000 or more.

(2) The audited financial statements must include the information to be

provided in a financial information return under

section 7.

Financial information return

7(1) For the purposes of

section 8 of the Act, a charitable organization

must prepare a financial information return for a financial year if

(

a) solicitations were made by or on behalf of the charitable

organization during the financial year, and

(

b) the gross annual income of the charitable organization for the

financial year was less than $100 000.

(2) A financial information return prepared by a charitable organization

for a financial year must be prepared in accordance with generally accepted

accounting principles and contain the following:

(

a) all expenses incurred for the purposes of soliciting

contributions;

(

b) the gross contributions received;

(

c) a

summary of the disposition of gross contributions received;

(

d) a separate description of each disposition of contributions

that is equal to or exceeds 10% of the gross contributions received;

(

e) the total amount paid as remuneration to employees of the

charitable organization whose principal duties involve fund-raising;

(

f) if a fund-raising business was used to make the solicitations

on behalf of the charitable organization or if a fund-raising business

managed or was responsible for the solicitations, the amount paid as

remuneration to the fund-raising business, including any expenses or fees

paid by the charitable organization on behalf of the fund-raising business

or as reimbursements to the fund-raising business.

(3) A financial information return of a charitable organization must be

signed by at least 2 directors who state that they believe the information

contained in the return is true.

(4) If the charitable organization does not have 2 or more directors, its

financial information return must be signed by the person under whose

direction the solicitations were made and the person must

(

a) set out in the return the name, residence, occupation and

address for service of the person, the person's position in the charitable

organization and a full description of the person's responsibilities with

respect to the solicitations and any contributions received, and

(

b) state that the person believes the information contained in the

return is true.

Trust requirements

8 Every fund-raising business and every employee of a fund-raising

business who receives contributions on behalf of a charitable organization

(

a) holds the contributions in trust for the charitable

organization under

section 11 of the Act, and

(

b) is liable and accountable to the charitable organization for

the contributions.

Registration and Licensing Requirements

Registration of charitable organizations

9(1) A charitable organization that wishes to be registered or to have its

registration renewed must provide

(

a) the information described in subsection (3) on a form

established by the Minister, and

(

b) a fee of $60.

(2) The maximum amount that a registry agent as defined in

section 1(1)(

b) of

Schedule 13 of the Government Organization Act may charge as a service

charge in respect of a registration or renewal of registration of a

charitable organization is $20.

(3) A charitable organization must provide

(

a) its name and address and place of incorporation and

incorporation number, if any,

(

b) the names and addresses of any chapters or branches that will

be making solicitations under the authority of the registration applied

for,

(

c) the objectives or purposes of the charitable organization,

(

d) the dates when its financial year begins and ends,

(

e) the names and addresses of its officers and directors, and

(

f) information required by the Minister to determine if the

registration is to be refused under

section 15 of the Act.

(4) A registration or renewal of registration expires at the end of a time

period established by the Minister.

(5) The time period under subsection (4) may not exceed 12 months.

Licensing of fund-raising business

10(1) A fund-raising business that wishes to be licensed or to have its

licence renewed must provide

(

a) the information described in subsection (2) on a form

established by the Minister,

(

b) a bond or other security in a form approved by the Minister,

and

(

c) a fee of $130.

(2) A fund-raising business must provide

(

a) its operating name, full legal name and address and place of

incorporation and incorporation number, if any,

(

b) the address of its registered office in Alberta,

(

c) the names, addresses and titles of its officers and directors,

and

(

d) information required by the Minister to determine if the

licence is to be refused under

section 23 of the Act.

(3) A licence or renewal of a licence expires at the end of the time

period established by the Minister.

(4) The time period under subsection (3) may not exceed 12 months.

Security

Meaning of claim

11(1) A person has a claim against a fund-raising business if the person

suffers financial loss because

(

a) the fund-raising business fails to perform obligations imposed

in respect of the provisions or requirements of the Act or this Regulation

or the terms or conditions of a fund-raising agreement,

(

b) of the fund-raising business's misrepresentation, fraud, breach

of trust, theft, conversion, negligence or default in respect of any

solicitation or handling of contributions, or

(

c) the fund-raising business fails to comply with a condition of

the fund-raising business's security.

(2) A person does not have a claim against a fund-raising business unless,

while the fund-raising business's security was in force,

(

a) the person had a business relationship with the fund-raising

business,

(

b) the person had, in the course of the fund-raising business's

business, entered into a fund-raising agreement,

(

c) the person paid money to or deposited money with the

fund-raising business, or

(

d) the fund-raising business did or omitted to do something that

led or contributed to the person's financial loss referred to in subsection

(1).

Declaring security forfeit

12(1) When a claim against a fund-raising business becomes a valid unpaid

claim, the Minister may declare the fund-raising business's security to be

forfeit and require the surety under the security to pay to the Minister

the principal amount of the security.

(2) A surety who receives a declaration under subsection (1) while the

security is in force or within 2 years after the security ceases to be in

force must pay the principal amount of the security to the Minister within

30 days of receiving the declaration.

(3) Where the validity of a claim against a fund-raising business may not

be determined within the 2-year period referred to in subsection (2), the

Minister must send a notice of liability relating to the claim to the

surety under the fund-raising business's security.

(4) A surety who receives a notice under subsection (3) must, if a claim

referred to in subsection (3) is found to be a valid unpaid claim, pay the

principal amount of the security to the Minister within 30 days of

receiving a declaration under subsection (1), notwithstanding that the

2-year period referred to in subsection (2) has expired.

Valid unpaid claims

13 A claim becomes a valid unpaid claim

(

a) if the claimant makes an application under

section 14, the

claimant has not obtained a judgment against the fund-raising business in

respect of the claim and

section 16, 17, 18, 20 or 24 applies, or

(

b) if the claimant makes an application under

section 25, the

claimant has obtained a judgment against the fund-raising business in

respect of the claim and

section 25(3) applies.

Application by claimant

14(1) A claimant who purports to have a claim against a fund-raising

business may apply to the Minister for a payment from the proceeds of the

fund-raising business's security.

(2) A claimant may not make an application under subsection (1) in respect

of a fund-raising business if the claimant has commenced a court action

against the fund-raising business that is based on the grounds that gave

rise to the claim unless the court action has been discontinued.

(3) A claimant who is making an application under subsection (1) must

submit a statutory declaration that contains

(

a) particulars of the basis of the claim,

(

b) the amount of the claim,

(

c) a statement that the claimant has never commenced an action in

a court against the fund-raising business that is based on the grounds that

gave rise to the claim or, if the claimant commenced such an action, a

statement that the action was discontinued,

(

d) as an exhibit, a copy of any contract that is relevant to the

claim that is in the possession of the claimant, and

(

e) any documents proving loss as requested by the Minister.

Notice to fund-raising business

15 When a claimant submits a statutory declaration that meets the

requirements of

section 14 and any other information required by the

Minister and the Minister is satisfied that, if the particulars provided by

the claimant are correct, the claimant has a claim against a fund-raising

business, the Minister must send to the fund-raising business

(

a) a copy of the claimant's statutory declaration, and

(

b) a notice requiring the fund-raising business to inform the

Minister within 30 days after the date of the notice whether the

fund-raising business admits or denies the claim.

Admission but no payment

16 If the fund-raising business that receives the Minister's notice under

section 15 admits to the claim within the 30-day period referred to in

section 15, but does not pay the claim within 15 days after the Minister

receives the fund-raising business's admission, the claim becomes a valid

unpaid claim for the purposes of this Regulation.

No reply by fund-raising business

17 If a fund-raising business that receives the Minister's notice under

section 15 fails to reply to the Minister within the 30-day period referred

to in

section 15 and does not pay the claim within the 30-day period, the

claim becomes a valid unpaid claim for the purposes of this Regulation.

Minister's jurisdiction when fund-raising business disputes claim

18(1) The Minister is responsible for determining if a claim is valid when

a fund-raising business that receives the Minister's notice under

section

15 denies the claim within the 30-day period referred to in

section 15 and

the amount of the claim does not exceed $1000.

(2) The Minister may take whatever steps the Minister considers

appropriate to determine if the claim is valid and require the claimant and

the fund-raising business to provide additional information.

(3) After taking those steps, the Minister may

(

a) dismiss the claim, or

(

b) declare the claim to be valid, establish the amount of the

claim to which the claimant is entitled and notify the fund-raising

business of the declaration.

(4) If the amount established in the declaration remains unpaid for 30

days after the declaration is made, the claim in the amount established by

the Minister becomes a valid unpaid claim for the purposes of this

Regulation.

Arbitration when fund-raising business disputes claim

19(1) Subject to sections 20 and 21, arbitration must be used to decide a

claim if the fund-raising business that receives the Minister's notice

under

section 15 denies the claim within the 30-day period referred to in

section 15 and the amount of the claim exceeds $1000.

(2) Subsection (1) applies despite any agreement between the fund-raising

business and claimant to have the claim determined in a different manner.

(3) The arbitration is governed by the Arbitration Act and the arbitration

rules established by the Minister.

(4) Section 3 of the Arbitration Act does not apply to an arbitration

under this Regulation.

(5) The Minister must provide the fund-raising business and claimant with

a list of 3 candidates to be arbitrator, and each candidate must be

(

a) a member of the Alberta Arbitration and Mediation Society, or

(

b) a person who is not a member of the Society but is approved by

the Minister.

(6) The fund-raising business and the claimant must each nominate an

arbitrator from the list provided by the Minister.

(7) If the fund-raising business and the claimant nominate the same

candidate, that candidate is the arbitrator for the arbitration and if the

fund-raising business and claimant nominate different candidates, the

candidate that was not nominated is the arbitrator for the arbitration.

Failure to comply by fund-raising business

20(1) If the fund-raising business fails to comply with the Arbitration

Act or the Minister's rules and the non-compliance is, in the arbitrator's

opinion, significant, the arbitrator must notify the Minister in writing of

the non-compliance.

(2) If the Minister receives a notice under subsection (1), the

arbitration ends and the claim becomes a valid unpaid claim for the

purposes of this Regulation.

Failure to comply by claimant

21(1) If the claimant fails to comply with the Arbitration Act or the

Minister's rules and the non-compliance is, in the arbitrator's opinion,

significant, the arbitrator must notify the Minister in writing of the

non-compliance.

(2) If the Minister receives a notice under subsection (1), the

arbitration ends and the claim is dismissed.

Decision provided to Minister

22 When the arbitrator completes the arbitration, the arbitrator must

provide the Minister with a copy of the decision.

Appeal of arbitrator's award

23 The fund-raising business or the claimant may appeal the award of an

arbitrator under this Regulation to the Court of Queen's Bench only on a

question of law in accordance with

section 44(2) of the Arbitration Act.

Claim becoming valid under arbitrator's award

24 A claim that has been submitted to arbitration becomes a valid unpaid

claim for the purposes of this Regulation for the amount established by the

arbitrator if

(

a) the arbitrator's award is that the claimant has a valid claim

in an amount established by the arbitrator,

(

b) the arbitrator's award has become final by reason of lapse of

time or being confirmed by the highest court to which it may be appealed,

and

(

c) the arbitrator's award remains unpaid 30 days after the award

has become final.

Claimant obtaining judgment

25(1) A claimant who has obtained a judgment against a fund-raising

business that is based on grounds that give rise to a claim may apply to

the Minister for a payment from the proceeds of the fund-raising business's

security.

(2) A claimant making an application under subsection (1) must submit a

statutory declaration that contains

(

a) particulars of the basis of the claim,

(

b) as an exhibit, a copy of the judgment, and

(

c) a statement that the judgment has become final by reason of

lapse of time or of being confirmed by the highest court to which it may be

appealed and has not been satisfied within 30 days after it became final.

(3) When a claimant submits a statutory declaration that meets the

requirements of subsection (2) and the Minister is satisfied that, if the

particulars provided by the claimant are correct, the claimant has a claim

against the fund-raising business, the claim becomes a valid unpaid claim

for the purpose of this Regulation.

Proceeds of security

26(1) When the Minister declares a security to be forfeit under

section 12

and receives the principal amount under the security from the surety, the

Minister must hold the principal amount until the Minister is satisfied

that no other valid unpaid claims will be received by the Minister, but in

no case may the Minister hold the amount for more than 3 years after the

Minister declares the security to be forfeited.

(2) The Minister must, in accordance with subsection (1), distribute the

principal amount of the security to claimants who have valid unpaid claims

against the fund-raising business.

(3) If the principal amount of the security is insufficient to pay all of

the valid unpaid claims, the Minister must pay out the money on a pro rata

basis to those claimants.

(4) If there is a dispute among persons who have valid unpaid claims

concerning the amount they should receive from the principal amount of the

security under subsection (2) or (3), the Minister may pay all or part of

the principal amount into the Court of Queen's Bench, and the Court may

determine the amounts to be paid.

Remainder of security proceeds

27 If the whole of the principal amount is not required to pay valid

unpaid claims, the Minister must pay the amount that remains,

(

a) in the case of a security that is not a cash security, to the

surety who paid the principal to the Minister, and

(

b) in the case of a cash security, to the fund-raising business

who paid the principal.

Return of cash security

28 If a cash security submitted to the Minister is terminated by the

fund-raising business that submitted it and no valid unpaid claims have

been received by the Minister in respect of the fund-raising business while

the security was in force or within 2 years after the security ceases to be

in force, the Minister must return the security to the fund-raising

business.

Extinguish- ment of late claims

29 After the Minister has distributed the principal amount of a security

in accordance with sections 26 and 27 or returned a cash security in

accordance with

section 28, the Minister must refuse to accept an

application under

section 14 or 25 in respect of the security, and any

claim that was not submitted to the Minister in respect of the security

prior to the distribution or return is extinguished for the purposes of

this Regulation.

Donor Fund-raisers

Donor fund-raiser information

30(1) In this section,

(a) "donation period" means

(

i) the period during which a donor fund-raiser makes

requests in respect to a particular charitable organization or charitable

purpose, or

(ii) if the requests of a donor fund-raiser indicate

that a portion of a purchase price of goods or services sold during a

specified time period will be donated to a charitable organization or be

used for a charitable purpose, the specified time period during which those

goods or services are sold;

(b) "request" means a direct or indirect request made by a donor

fund-raiser to the public to buy a good or service normally produced or

provided by the donor fund-raiser in which it is stated or implied that all

or a portion of the purchase price will be donated to a charitable

organization or be used for a charitable purpose.

(2) A donor fund-raiser is required to provide under

section 33 of the Act

the following information in respect of requests made during a donation

period:

(

a) reasonable samples of advertisements, scripts or other

information used or provided to the public in making the requests;

(

b) if the requests indicate that a percentage of the purchase

price of goods or services sold will be donated to a charitable

organization or be used for a charitable purpose, the gross amount of the

purchase price received for the goods or services sold during the donation

period;

(

c) if the requests indicate that a specified amount will be

donated to a charitable organization or be used for a charitable purpose

for each good or unit of service sold, the number of goods or units of

service sold during the donation period;

(

d) the amount donated to the charitable organization or used for

the charitable purpose identified in the requests in respect of the goods

or services sold during the donation period.

(3) The information required to be provided under subsection (2) must be

identified separately.

(4) The information and records that a donor fund-raiser needs to comply

with this

section must be maintained for 3 years after the end of the

donation period.

Transitional Provisions, Repeals,

Expiry and Coming into Force

Existing bonds

31(1) Despite the repeal of the Charitable Fund-raising Regulation (AR

95/95), a bond provided by a professional fund-raiser is

(

a) subject to this Regulation, and

(

b) deemed to contain a provision that it is subject to forfeiture

in accordance with the procedures in this Regulation.

(2) If there is a conflict between

(

a) a provision in a bond referred to in subsection (1), and

(

b) this Regulation or the deemed provision in subsection (1)(b),

this Regulation or the deemed provision, as the case may be, prevails.

Claims before June 1, 2000

32(1) In this section, "former bond provisions" means sections 11 to 13 of

the Charitable Fund-raising Regulation (AR 95/95).

(2) Despite

section 31, the former bond provisions continue to apply to

claims submitted to the Government of Alberta before June 1, 2000 against a

bond provided under the Charitable Fund-raising Regulation (AR 95/95).

Repeal

33 The Charitable Fund-raising Regulation (AR 95/95) is repealed.

Expiry

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

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

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

on June 1, 2005.

Coming into force

35 This Regulation comes into force on June 1, 2000.

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

Alberta Regulation 109/2000

Fair Trading Act

ELECTRICITY MARKETING REGULATION

Filed: May 30, 2000

Made by the Minister of Government Services (M.O. C:009/00) on May 29, 2000

pursuant to sections 105, 139 and 162(2) of the Fair Trading Act.

Table of Contents

Definitions 1

Non-application 2

Class of licence 3

Term 4

Licence fee 5

Security 6

General Licencing and Security Regulation 7

Duty to provide identification card 8

Duties relating to documentation 9

Term of contract 10

Collection of fees and other charges 11

Completing disclosure statement 12

Code of conduct 13

Representations 14

Offences 15

Consequential amendment 16

Expiry 17

Coming into force 18

Schedule

Definitions

1(1) In this Regulation,

(a) "Act" means the Fair Trading Act;

(b) "consumer" means a person who takes delivery of electricity at

the person's place of consumption by means of the electric distribution

system of a distributor, but does not include a person if the person's

total use of electricity, based on the person's use of electricity before

the date that the marketing contract is offered or signed, would reasonably

be expected to be more than 250 MWh in a year;

(c) "electricity" means electricity as defined in the Electric

Utilities Act;

(d) "electricity services" means the services associated with the

provision of electricity to a consumer;

(e) "licence" means a marketing of electricity business licence

established under

section 3;

(f) "marketer" means a person who is engaged in the marketing of

electricity business;

(g) "marketing contract" means a contract or arrangement under

which a consumer obtains either or both of

(

i) a supply of electricity from a marketer, or

(ii) electricity services from a marketer,

but does not include a contract for electricity or electricity services

under the terms of a regulated rate tariff approved by, or filed with, the

Alberta Energy and Utilities Board under the Regulated Rate Option

Regulation (AR 45/2000) or a contract with a consumer assigned to a

retailer acting as a supplier of last resort as designated under

section 12

of the Roles, Relationships and Responsibilities Regulation (AR 86/2000);

(h) "marketing of electricity business" means the business

(

i) of soliciting, negotiating, concluding or

performing the whole or any part of a marketing contract on behalf of a

consumer, or

(ii) of soliciting a consumer in any manner for the

purpose of having the consumer enter into a marketing contract or of

negotiating, concluding or performing the whole or any part of a marketing

contract.

(2) The definition of "consumer" in

section 1(1)(

b) of the Act does not

apply to this Regulation.

Non-application

2 This Regulation does not apply to a marketing business in respect of

the marketing of electricity produced in the service area of the City of

Medicine Hat

(

a) by the City of Medicine Hat or a subsidiary of that

municipality, or

(

b) by generating units that produce electric energy under contract

to the City of Medicine Hat or to a subsidiary of that municipality

for consumption in that service area, unless that municipality passes a

bylaw under

section 59 of the Electric Utilities Act.

Class of licence

3(1) The class of licence to be known as the marketing of electricity

business licence is established.

(2) A person who holds a marketing of electricity business licence is

authorized to engage in the marketing of electricity business.

Term

4 The term of a licence expires on the last day of the 12th month after

it is issued.

Licence fee

5 The fee for a licence is $1000.

Security

6(1) No licence may be issued or renewed unless the applicant submits to

the Director a security that is in a form and in an amount approved by the

Director.

(2) The Director may, if the Director considers it appropriate, increase

the amount of the security that is to be provided by a licensee before the

term of the licence expires.

General Licencing and Security Regulation

7 The General Licensing and Security Regulation (AR 187/99) applies to

the marketing of electricity business.

Duty to provide identification card

8(1) Every licensee must provide every individual who acts on behalf of

the licensee in the marketing of electricity business with an

identification card that

(

a) shows the name of the individual acting on behalf of the

licensee and the name, address and licence number of the licensee on whose

behalf the individual is acting, and

(

b) is signed by the signing authority appointed by the licensee.

(2) An individual who has been given an identification card by a licensee

must produce it when requested to do so by

(

a) a customer or potential customer of the licensee,

(

b) an inspector or the Director, or

(

c) a peace officer as defined in the Provincial Offences Procedure

Act.

(3) An individual who ceases to act on behalf of a licensee must as soon

as is reasonably possible after ceasing to act return the identification

card to the licensee.

Duties relating to documentation

9 A marketer

(

a) must ensure that each marketing contract the marketer enters

into with a consumer

(

i) is in writing,

(ii) includes the name, address and telephone number of

the marketer and the consumer,

(iii) sets out the date on which electricity service

begins,

(iv) shows any charges for electricity and any charges

for any other services provided for under the marketing contract,

(

v) provides that the consumer has the right to inspect

the records of the marketer relating to the marketing contract, and

(vi) provides that the renewal of the marketing contract

is effective only if the consumer consents in writing to the renewal within

6 months before the date of renewal,

(

b) must provide to each consumer with whom the marketer enters

into a marketing contract a copy of the contract, including the disclosure

statement referred to in clause (c)(ii), completed and signed by the

consumer,

(

c) must ensure that each marketing contract the marketer enters

into with a consumer

(

i) has on its first page under the name of the

marketer the following statements that are in at least 12 point bold type

and is set out in a box:

The company that wants you to

sign this contract is an independent electricity marketing company, whose

rates are not regulated by any provincial or municipal government or

agency. This company is not affiliated with the Government of Alberta.

Before you sign this contract,

you can request, based on up to 3 of your electricity bills in the past

year, a statement of what the amount of those bills would have been if the

electricity and electricity services were provided under this contract.

(ii) has attached to it the disclosure statement in the

form set out in the Schedule,

(iii) has the disclosure statement attached to the front

of the contract or has a statement that is in at least 12 point bold type

and set out in a box on the first page of the contract stating where in the

contract the disclosure statement is located,

(iv) provides that the contract is not valid unless the

disclosure statement referred to in subclause (ii) has been completed and

signed by the consumer,

(

v) provides that the consumer may cancel the contract

without cost or penalty within 10 days after a copy of the signed contract

is provided to the consumer, and

(vi) provides that the marketer must not enrol the

customer with the load settlement agent unless the 10-day period referred

to in subclause (

v) has expired and the consumer has not cancelled the

contract within that period,

and

(

d) must require each consumer to sign the disclosure statement

referred to in clause (c)(ii) before or at the same time as the consumer

enters into a marketing contract with the marketer.

Term of contract

10(1) A marketing contract cannot exceed a term of 5 years, but it may be

renewed.

(2) A marketer must ensure that a marketing contract between it and a

consumer is, despite any provision in the contract, renewed only with the

written consent of the consumer that is given within 6 months before the

end of the contract.

Collection of fees and other charges

11 No marketer may collect any fee or other charge from a consumer who

enters into a marketing contract with the marketer until after the delivery

of electricity under the marketing contract commences.

Completing disclosure statement

12 A marketer must ensure that a consumer does not sign a disclosure

statement referred to in

section 9(c)(ii) unless the disclosure statement

has been correctly and completely filled in.

Code of conduct

13(1) In this section, "marketer" includes every individual who acts on

behalf of a marketer in the marketing of electricity business.

(2) Every marketer must comply with the following code of conduct:

(

a) when first contacting a consumer, a marketer that is an

individual must

(

i) truthfully inform the consumer of the marketer's

identity, including showing the consumer the identification card referred

to in

section 8, and

(ii) indicate that the marketer is soliciting the

consumer for the purpose of marketing electricity;

(

b) a marketer must not abuse the trust of a consumer or exploit

any fear or lack of experience or knowledge of a consumer;

(

c) a marketer must not exert undue pressure on a consumer, and

must allow sufficient time for a consumer to read thoughtfully and without

harassment all documents the marketer provides to a consumer and must

accept a consumer's refusal of further discussion;

(

d) a marketer must not make any representation or statement or

give any answer or take any measure that is not true or is likely to

mislead a consumer;

(

e) a marketer must use only timely, accurate, verifiable and

truthful comparisons;

(

f) a marketer must not make any verbal representations regarding

contracts, rights or obligations that are not contained in written

contracts;

(

g) a marketer must ensure that all descriptions and promises made

in promotional material are in accordance with actual conditions,

situations and circumstances existing at the time the description or

promise is made;

(

h) a marketer must ensure that all data the marketer refers to is

properly established and reliable and supports any claim for which the data

is cited;

(

i) a marketer must not induce a consumer to breach a contract with

another person;

(

j) a marketer must not be intrusive and must not contact consumers

between the hours of 9 p.m. and 8 a.m. to solicit them to enter into

marketing contracts;

(

k) a marketer must not make any representation that savings, price

benefits or advantages exist if they do not exist or if there is no

evidence to substantiate the representation;

(

l) a marketer must not give, in any representation, less

prominence to the total price of electricity or electricity services than

to the price of any part of the electricity or electricity services;

(

m) a marketer must not use print that due to its size or other

visual characteristics is likely to materially impair the legibility or

clarity of documents the marketer provides to consumers;

(

n) a marketer must allow a consumer to cancel the contract if the

consumer moves out of Alberta or to an area of the Province to which the

Electric Utilities Act does not apply;

(

o) a marketer must not switch a consumer's electricity supply

without the consumer's consent in writing, but the marketing contract may

be assigned if the marketing contract expressly provides that it can be

assigned;

(

p) when requested by a potential customer, a marketer must provide

the information referred to in the second statement in

section 9(c)(

i) accurately and completely;

(

q) a marketer must not make a copy of or keep or take away the

original of a consumer's electricity bill except if it's for the purpose of

providing the information referred to in the second statement in

section

9(c)(i).

(3) The code of conduct specified in subsection (2) is considered to be

breached if the breach occurs in the course of inducing a person to enter

into a marketing contract, even though the marketing contract is not

entered into or is not completed.

Represent-ations

14(1) A licensee must not make any representation, whether express or

implied, that being licensed under this Regulation constitutes an

endorsement or approval of the licensee by the Government of Alberta or the

Alberta Energy and Utilities Board.

(2) Subsection (1) does not preclude a licensee from representing that the

licensee is licensed under this Regulation.

Offences

15 A contravention of

section 8, 9, 10, 11, 12, 13 or 14 is, for the

purposes of

section 162 of the Act, an offence.

Consequential amendment

16 The General Licensing and Security Regulation (AR 187/99) is amended

section 18(4) by adding ", the Electricity Marketing Regulation or"

after "Regulation or".

Expiry

17 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 May 31, 2005.

Coming into force

18 This Regulation comes into force on June 1, 2000.

SCHEDULE

DISCLOSURE STATEMENT TO CONSUMER

Please read this statement before you sign it. Before you enter into any

agreement or arrangement for electricity, you should understand the

following:

1 This contract is not a rebate program of your electric utility or of

any government. The person who presented you with the contract represents

(insert name of company that person represents) .

2 The cost of electricity may vary in the future. The business named in

the contract may not be able to supply electricity cheaper than your

current utility company.

3 This contract is for years.

4 This contract can be ended only under the following conditions:

(insert termination conditions, including any notice period required)

5 If you move to another location within Alberta you WILL/WILL NOT* still

be responsible to buy electricity under the contract.

6 If you sign the contract, you have 10 days to think it over and cancel

the contract if you wish. Under certain circumstances you may have more

time. To cancel, you must give notice of cancellation at the address in

this contract. You must give notice of cancellation by a method that will

allow you to prove that you gave notice, including mail, fax or by personal

delivery. Businesses involved in the marketing of electricity must also be

bonded (or have provided another form of security) and licensed with

Alberta Government Services. Check to make sure that the business is bonded

and licensed.

If you need more information on cancelling the contract, or if you feel you

have been treated unfairly, you may contact Alberta Government Services at

427-4088. Outside Edmonton call 1-877-427-4088 toll free.

I, (print name) ,

have read this Disclosure Statement and understand its contents.

Date

(signature)

* strike out that which does not apply

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

Alberta Regulation 110/2000

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

AMENDMENT REGULATION

Filed: May 31, 2000

Made by the Lieutenant Governor in Council (O.C. 197/2000) on May 31, 2000

pursuant to

section 13 of the Assured Income for the Severely Handicapped

Act.

1 The Assured Income for the Severely Handicapped Regulation (AR 203/99)

is amended by this Regulation.

Section 6 is amended by repealing clause (

b) and substituting the

following:

(

b) money received as compensation, or any assets purchased with

that money,

(

i) from the Government of Alberta for sterilization;

(ii) from the Government of a province for HIV infection

from the blood supply;

Extraordinary Assistance Plan;

(iv) from the Government of Alberta under the Victims of

Crime Act;

Canadian Redress Agreement;

(vi) from the Government of Alberta under the Special

Payment Act;

(vii) under

Schedule A or B to the 1986-1990 Hepatitis C

Settlement Agreement, other than

(

A) a payment under

section 4.02 of that

Agreement for loss of income, or

(

B) a payment under

section 6.01 of that

Agreement for loss of support resulting from the death of the infected

person;

of wartime service by a veteran of the Canadian or Newfoundland Merchant

Navy or a surviving spouse of that veteran.

3 The

Schedule is amended

(

a) in

section 1 by adding the following after clause (n):

(n.1) a grant received from the Government of Alberta for

an educational or training program designed to enhance the person's

employability.

(

b) in clause (

k) of Table 1 by adding "except a grant referred to

section 1(n.1) of this Schedule" after "grants".

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

Alberta Regulation 111/2000

Widows' Pension Act

WIDOWS' PENSION AMENDMENT REGULATION

Filed: May 31, 2000

Made by the Lieutenant Governor in Council (O.C. 198/2000) on May 31, 2000

pursuant to

section 10 of the Widows' Pension Act.

1 The Widow's Pension Regulation (AR 166/83) is amended by this

Regulation.

Section 2 is amended by adding the following after clause (v):

(

w) a payment received by the person under

Schedule A or B to the

1986-1990 Hepatitis C Settlement Agreement other than

(

i) a payment under

section 4.02 of that agreement for

loss of income, or

(ii) a payment under

section 6.01 of that agreement for

loss of support resulting from the death of the infected person;

of wartime service by a veteran of the Canadian or Newfoundland Merchant

Navy or a surviving spouse of that veteran.

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

Alberta Regulation 112/2000

Assured Income for the Severely Handicapped Act

FACILITIES, INSTITUTIONS, HEALTH BENEFITS

AMENDMENT REGULATION

Filed: May 31, 2000

Made by the Minister of Alberta Human Resources and Employment (M.O. 52/00)

on May 23, 2000 pursuant to

section 13(2) of the Assured Income for the

Severely Handicapped Act.

1 The Facilities, Institutions, Health Benefits Regulation (AR 209/99) is

amended by this Regulation.

Section 1 is amended by adding the following after subsection (3):

(4) Where health benefits described in this

section are payable to a

person under sections 4.06 and 4.07 of

Schedule A or B to the 1986-1990

Hepatitis C Settlement Agreement, those benefits are not payable by the

Director to that person under this section.

Document details

CollectionAlberta — Gazette
Citation0615 ii
Typegazette
Volume / chapter0615 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifier8dea7a228a01fcb1d4ec94c2563f71c82f67bbcc

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