Alberta Gazette — 30 June 2010 (Part II)
30 June 2010
Alberta — Gazette
Alberta Regulation 81/2010
Local Authorities Election Act
LOCAL AUTHORITIES ELECTION FORMS AMENDMENT REGULATION
Filed: June 3, 2010
For information only: Made by the Minister of Municipal Affairs (M.O. L:059/10)
on May 27, 2010 pursuant to
section 159(2) of the Local Authorities Election Act.
1 The Local Authorities Election Forms Regulation
(AR 106/2007) is amended by this Regulation.
Schedule 1 is amended by adding the following after
Form 20:
FORM 21 CAMPAIGN DISCLOSURE STATEMENT
AND FINANCIAL STATEMENT
Local Authorities Election Act
(Section 147.4)
MUNICIPALITY: , PROVINCE OF ALBERTA
Full name of Candidate:
Candidate's mailing address
, Alberta
Postal Code
NOTE:
If a candidate's entire election campaign is funded exclusively out of
the candidate's own funds and the candidate's funds are not more than
$10 000, the candidate is not required to file this document or open and
deposit the funds into a campaign account.
Campaign Period Revenue
CAMPAIGN CONTRIBUTIONS:
1. Total amount of contributions of
$100.00 or less $
2. Total amount of all contributions of $100.01
and greater, together with the contributor's
name and address (attach listing and amount) $
NOTE:
For lines 1 and 2, include all money and valued contributions.
3. Deduct total amount of contributions returned $
4. NET CONTRIBUTIONS (line 1 + 2 - 3) $
OTHER SOURCES:
5. Total amount contributed out of candidate's
own funds $
6. Total amount received from fund-raising functions $
7. Transfer of any surplus from a candidate's
previous election campaign of $500.01 or greater $
8. TOTAL OTHER SOURCES
(add lines 5, 6 and 7) $
9. Total Campaign Period Revenue
(add lines 4 and 8) $
Campaign Period Expenditures
10. Campaign Period Expenses
Paid Unpaid TOTAL $
Campaign Period Surplus (Deficit)
(deduct line 10 from line 9) $
ATTESTATION OF CANDIDATE
This is to certify that to the best of my knowledge, this document and
all attachments accurately reflect the information required under
section 147.4 of the Act.
Signature of Candidate Date
Forward the signed original of this document to the address of the
municipality in which the candidate was nominated for election.
Alberta Regulation 82/2010
Fair Trading Act
PUBLIC AUCTIONS AMENDMENT REGULATION
Filed: June 3, 2010
For information only: Made by the Minister of Service Alberta (M.O. SA:011/2010)
on May 28, 2010 pursuant to
section 124 of the Fair Trading Act.
1 The Public Auctions Regulation (AR 196/99) is amended
by this Regulation.
Section 7 is amended
(
a) in subsection (2) by striking out "by public auction
goods" and substituting "goods consigned to the auction
sales business intended for sale by public auction";
(
b) in subsection (5) by striking out "by public auction".
Section 9 is amended by adding the following after
subsection (3):
(4) When an employee or agent of an auction sales business
proposes to bid on an item at a sale by public auction on the
employee's or agent's own behalf, the auctioneer must make an
announcement of that fact prior to the commencement of the sale
or recommencement of the sale, if it is adjourned.
4 The following is added after
section 12:
Competing bids at completion of sale
12.1 At the completion of a sale in accordance with
section 12, an
auctioneer may recognize that there are still 2 or more competing
bidders for the item being sold at public auction and may re-open the
bidding to those competing bidders.
5 The following is added after
section 14:
Inclusion of consigned goods
14.1 For the purposes of sections 15 to 18 and 21, the sale of goods
by public auction includes the sale of goods consigned to the auction
sales business intended for sale by public auction, whether the
consigned goods were sold by public auction or by any other means.
Section 17 is amended
(
a) in subsection (3) by adding "or
section 17.1" after "in
subsection (1)";
(
b) by adding the following after subsection (3):
(4) An auction sales business that has issued a cheque from its
trust account in accordance with subsection (1) or (2) or
section
17.1 must within 21 days from the date of the sale finish
disbursing the remaining funds relating to that sale.
7 The following is added after
section 17:
Payment to consignor
17.1 An auction sales business may issue a cheque from a general
account of the auction sales business to a consignor for the
consignor's share of the purchase price referred to in
section 17(1)
prior to receiving the money owing from the buyer on the goods sold
at public auction.
Prohibition
17.2 An auction sales business may not issue a cheque under
section 17 or 17.1 unless it has sufficient funds in the account on
which the cheque is drawn with which to meet its obligation.
Section 19 is amended by adding the following after
clause (b):
(
c) records in accordance with
section 19.1 of payments made
from its general account to a consignor under
section 17.1;
(
d) records of statements provided to a consignor or lienholder
under
section 18.
9 The following is added after
section 19:
General account records
19.1 The records that must be kept by every licensee and former
licensee for the purposes of
section 19(
c) are as follows:
(
a) the names and addresses of every consignor paid under
section 17.1 from the general account;
(
b) the location and date of the sale to which the payment relates;
(
c) a description of the goods sufficient to identify the goods to
which the payment relates;
(
d) the amount disbursed in respect of the goods.
Section 21(2) is amended
(
a) in clause (
h) by striking out "and";
(
b) by repealing clause (
i) and substituting the
following:
(
i) the amount disbursed in respect of each of the goods,
whether the amount was disbursed
(
i) directly to each person on whose behalf the sale
was held, or
(ii) to the general account for reimbursement of funds
paid to a consignor under
section 17.1,
and
(
j) the amount disbursed to each person having an interest
in or lien on the goods sold.
Section 22 is amended
(
a) by striking out "17(1) or (3)," and substituting "17(1),
(3) or (4), 17.1, 17.2,";
(
b) by adding "19.1," after "19,".
Section 25 is amended by striking out "September 1,
2011" and substituting "September 1, 2020".
13 This Regulation comes into force on July 31, 2010.
Alberta Regulation 83/2010
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS MARKETING
AMENDMENT REGULATION
Filed: June 3, 2010
For information only: Made by the Alberta Chicken Producers on April 16, 2010
pursuant to sections 26 and 27 of the Marketing of the Agricultural Products Act and
approved by the Agricultural Products Marketing Council on April 19, 2010.
1 The Alberta Chicken Producers Marketing Regulation
(AR 3/2000) is amended by this Regulation.
Section 1(
o) is repealed.
Section 23(3) is amended
(
a) by repealing clause (
a) and substituting the
following:
(a) $0.44 a kilogram for each kilogram of chicken marketed
in excess of 105% but not more than 110%, and
(
b) by repealing clause (
b) and substituting the
following:
(b) $0.88 a kilogram for each kilogram of chicken marketed
in excess of 110%,
Section 23(6) is repealed and the following is
substituted:
(6) If the levy provided for under subsection (3) is not received by
the Board within 30 days from the date that the authorized producer
is billed for the levy by the Board, that producer must pay an
additional levy of $0.44 a kilogram.
Section 27 is repealed.
Alberta Regulation 84/2010
Marketing of Agricultural Products Act
REVIEW AND APPEAL REGULATION
Filed: June 7, 2010
For information only: Made by the Minister of Agriculture and Rural Development
(M.O. 8/2010) on May 31, 2010 pursuant to
section 43.1 of the Marketing of
Agricultural Products Act.
Table of Contents
Definitions
Part 1
Reviews and Appeals
2 Application
3 Application for review or appeal
4 Hearing
5 Timing
6 Refusal to hear
7 Adjournments
8 Chair of appeal tribunal
9 Rights of parties
10 Evidence
11 Witnesses
12 Rules of Court
13 Failure to appear
14 Decision
15 Cost recovery
Part 2
Appeal Tribunal
16 Appointment of appeal tribunal
17 Appointment to hear appeal
18 Remuneration
19 Expiry
20 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "appeal" means an appeal under
section 36(2) of the Act of a
decision of a board or commission made pursuant to a review
under
section 36(1) of the Act;
(c) "decision maker" means
(
i) in the case of a review, the board, commission or the
Council whose decision is subject to an application for
review, and
(ii) in the case of an appeal, the appeal tribunal;
(d) "party" means
(
i) in the case of a review, the applicant, and
(ii) in the case of an appeal, the applicant and the board or
commission whose decision is being appealed;
(e) "review" means a review of a decision of a board,
commission or the Council as provided for under
section
36(1) of the Act.
Part 1
Reviews and Appeals
Application
2 This Part sets out the rules and requirements that apply for the
purpose of a review or appeal under
section 36 of the Act.
Application for review or appeal
3(1) An application for a review or an appeal must be made in writing
and include
(
a) the name, address and telephone number of the applicant,
(
b) a copy of the decision being reviewed or appealed, and
(
c) any other information required by the decision maker.
(2) In the case of an appeal, the appeal tribunal shall provide a copy of
the application for an appeal
(
a) to the board or commission whose decision is being
appealed, and
(
b) to the Minister.
Hearing
4(1) Subject to
section 6, if an application has been received by a
decision maker for a review or an appeal, the decision maker shall hold
a hearing.
(2) A hearing may be conducted solely on the basis of written
submissions if
(
a) in the case of a review, the applicant consents, or
(
b) in the case of an appeal, the parties consent.
(3) The decision maker shall determine the time and place of a hearing
and provide written notice
(
a) to the parties, and
(
b) in the case of an appeal,
(
i) to the Council, and
(ii) to the Minister.
Timing
5 Subject to
section 6, a review or appeal hearing shall be held by a
decision maker
(
a) in the case of a review,
(
i) if a hearing is required, within 60 days of receiving the
review application, and
(ii) if a hearing is not required because the review will be
conducted solely on the basis of written submissions,
within 30 days of receiving the consent to complete the
review without a hearing,
and
(
b) in the case of an appeal, within 120 days of receiving the
appeal application.
Refusal to hear
6(1) A decision maker may refuse to hear a review or an appeal if the
decision maker considers the review or appeal to be trivial or not made
in good faith.
(2) If a decision maker refuses to hear a review or an appeal, the
decision maker shall provide written notice to the applicant of the
refusal within 30 days of receiving the application for the review or
appeal.
Adjournments
7(1) The granting and duration of an adjournment is in the sole
discretion of the decision maker.
(2) The time limits prescribed in
section 5 do not run during a period
of adjournment.
Chair of appeal tribunal
8 The chair of an appeal tribunal may exercise a power of the appeal
tribunal under
section 6 or 7.
Rights of parties
9 A party to a review or an appeal has the right to attend the hearing,
make representations, present evidence and cross-examine witnesses.
Evidence
10(1) A decision maker may receive any evidence that it considers
relevant to the matter being reviewed or appealed.
(2) The rules of evidence that are applicable to judicial proceedings do
not apply.
(3) In the case of an appeal, a record of the proceeding shall be
maintained as required by the Council and shall include
(
a) a written or electronic record of oral evidence, and
(
b) all records or things received in evidence.
Witnesses
11(1) An appeal tribunal has the powers vested in the Court of
Queen's Bench in a civil action to
(
a) summon and enforce the attendance of a witness,
(
b) compel a witness to give evidence on oath or otherwise, and
(
c) compel a witness to produce any record or thing.
(2) Subsection (1) does not apply to a member of the Council or an
employee under the Council's administration.
Rules of Court
12 The provisions of the Alberta Rules of Court relating to the
payment of conduct money and witness fees apply.
Failure to appear
13 If an applicant fails to appear for a review or an appeal within one
hour from the time set, the decision maker may dismiss the review or
appeal or conduct the hearing in the applicant's absence.
Decision
14(1) A decision maker may, on completion of a hearing,
(
a) confirm or rescind the decision being reviewed or appealed,
and
(
b) in the case of an appeal, refer the decision being appealed
back to the relevant board or commission for a new review
and may provide recommendations.
(2) The decision maker shall provide a written decision, with reasons,
within 30 days of the completion of the hearing
(
a) to the parties, and
(
b) in the case of an appeal,
(
i) to the Council, and
(ii) to the Minister.
(3) The Minister may publish a decision of the appeal tribunal.
Cost recovery
15(1) The appeal tribunal may recover the cost of administering and
hearing an appeal, including the costs for legal counsel for the appeal
tribunal.
(2) The total costs assessed by the appeal tribunal under subsection
(1) is a debt owing to the Government of Alberta as follows:
(
a) for the first day of the hearing, 35% is owed by each party;
(
b) for every other day of the hearing, 50% is owed by each
party.
(3) The Minister may, on the request of a party, waive payment, in
whole or in part, of the costs recovered under subsection (1).
Part 2
Appeal Tribunal
Appointment of appeal tribunal
16(1) The Minister shall establish an appeal tribunal.
(2) The appeal tribunal shall consist of at least 3 and not more than 5
members.
(3) In accordance with the Public Service Act, there may be appointed
employees to provide administrative services in respect of appeals.
(4) A member of the Council or an employee under the Council's
administration is not eligible to be an appeal tribunal member.
(5) The term of an appointment to the appeal tribunal is 3 years.
(6) A person who has been appointed to an appeal tribunal for 2
consecutive terms is not eligible to be appointed to the appeal tribunal
until one year has passed since the expiration of the 2nd consecutive
term.
(7) Despite subsections (2) and (5), the Minister may appoint
additional persons to the appeal tribunal to hear a single matter and
that appointment shall not be considered as a term for the purpose of
subsection (6).
Appointment to hear appeal
17 When an application for an appeal is received by the appeal
tribunal, the Minister shall
(
a) appoint 3 members to hear the appeal, and
(
b) appoint one of those members as chair.
Remuneration
18 The Minister may determine the remuneration and expenses
payable to members of the appeal tribunal.
Expiry
19 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on November 30, 2019.
Coming into force
20 This Regulation comes into force on the coming into force of the
Marketing of Agricultural Products Amendment Act, 2009.
--------------------------------
Alberta Regulation 85/2010
School Act
CLOSURE OF SCHOOLS AMENDMENT REGULATION
Filed: June 7, 2010
For information only: Made by the Minister of Education (M.O. 031/2010) on May
31, 2010 pursuant to
section 58 of the School Act.
1 The Closure of Schools Regulation (AR 238/97) is
amended by this Regulation.
Section 8 is amended by striking out "June 30, 2010" and
substituting "August 31, 2012".
--------------------------------
Alberta Regulation 86/2010
Wildlife Act
WILDLIFE (ENDANGERED ANIMAL, 2010) AMENDMENT REGULATION
Filed: June 9, 2010
For information only: Made by the Minister of Sustainable Resource Development
(M.O. 25/2010) on June 3, 2010 pursuant to
section 103 of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Schedule 4 is amended in
Part 1 by striking out "Ursus
arctos (Grizzly Bear)".
Schedule 6 is amended in Sub-Part 2 of
Part 1 by adding
"Ursus arctos (Grizzly Bear)" after "Rangifer tarandus groenlandicus
(Barren Ground Caribou)".
Schedule 8 is amended
(
a) in
Part 1 by repealing Item 36;
(
b) in
Part 4 by repealing Item 9.
Schedule 15 is amended by repealing Item 5(
b) and (d).
--------------------------------
Alberta Regulation 87/2010
Seniors Benefit Act
SENIORS BENEFIT ACT GENERAL AMENDMENT REGULATION
Filed: June 9, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 173/2010)
on June 9, 2010 pursuant to
section 6 of the Seniors Benefit Act.
1 The Seniors Benefit Act General Regulation (AR 213/94)
is amended by this Regulation.
Section 8.1 is repealed and the following is substituted:
Additional amount
8.1(1) An applicant is eligible for a discontinuous special needs
component of a benefit if
(
a) the applicant meets the requirements of
section 3(1)(a), (b),
(
d) and (e),
(
b) the applicant is not disqualified from receiving a benefit
under
section 3(3),
(
c) in the case of an applicant who is a single senior, the
applicant's total income is less than $24 500 after deducting
the supplementary accommodation assistance benefit paid to
the applicant in the previous year,
(
d) in the case of an applicant who is part of a senior couple, the
senior couple's total income is less than $39 900 after
deducting the supplementary accommodation assistance
benefit paid to the senior couple in the previous year, and
(
e) the applicant demonstrates serious financial problems that
affect the applicant's ability to meet personal
non-discretionary necessities of life.
(2) The maximum amount that an applicant is eligible to receive
under subsection (1) is $5000 in each year, regardless of the number
of claims made in the year.
3 The following is added after
section 8.2:
Dental benefit
8.3(1) An applicant is eligible for a component of a benefit for
eligible basic dental services as determined by the Minister if
(
a) the applicant meets the requirements of
section 3(1)(a), (b),
(
d) and (e),
(
b) the applicant is not disqualified from receiving a benefit
under
section 3(3),
(
c) in the case of an applicant who is a single senior, the
applicant's total income is less than $31 675 after deducting
the supplementary assistance benefit paid to the applicant in
the previous year, and
(
e) in the case of an applicant who is part of a senior couple, the
senior couple's total income is less than $63 350 after
deducting the supplementary assistance benefit paid to the
senior couple in the previous year.
(2) The maximum amount that an applicant is eligible to receive
under this
section is $5000 in any 5-year period, regardless of the
number of claims made in that period.
Optical benefit
8.4(1) An applicant is eligible for a component of a benefit for
prescription eyeglasses if
(
a) the applicant meets the requirements of
section 3(1)(a), (b),
(
d) and (e),
(
b) the applicant is not disqualified from receiving a benefit
under
section 3(3),
(
c) in the case of an applicant who is a single senior, the
applicant's total income is less than $31 675 after deducting
the supplementary assistance benefit paid to the applicant in
the previous year, and
(
d) in the case of an applicant who is part of a senior couple, the
senior couple's total income is less than $63 350 after
deducting the supplementary assistance benefit paid to the
senior couple in the previous year.
(2) The maximum amount that an applicant is eligible to receive
under this
section is $230 in any 3-year period, regardless of the
number of claims made in that period.
Section 9 is amended in subsection (1) by striking out "or
8.1 or who is receiving a benefit under
section 3 or 8.1 but contests the
amount" and substituting "or for a component of a benefit under
section 8.1, or who is receiving a benefit under
section 3 or a
component of a benefit under
section 8.1 but contests the amount,".
Section 12.1 is amended by striking out "July 1, 2010" and
substituting "July 1, 2015".
6 The
Schedule is amended in the Table
(
a) in
Part 1
(
i) by striking out "18.75%" wherever it occurs and
substituting "18.29%";
(ii) by striking out "18.78%" wherever it occurs and
substituting "18.31%;
(iii) by striking out "13.06%" and substituting
"12.73%";
(iv) by striking out "17.44%" and substituting
"17.00%".
(
b) in the Note by striking out "July 2009" and
substituting "July 2010".
7 This Regulation comes into force on July 1, 2010.
Alberta Regulation 88/2010
Municipal Government Act
INVESTMENT AMENDMENT REGULATION
Filed: June 10, 2010
For information only: Made by the Minister of Municipal Affairs (M.O. L:072/10)
on June 3, 2010 pursuant to
section 250 of the Municipal Government Act.
1 The Investment Regulation (AR 66/2000) is amended by
this Regulation.
Section 4 is amended by striking out "June 30, 2010" and
substituting "June 30, 2015".
--------------------------------
Alberta Regulation 89/2010
Municipal Government Act
MAJOR CITIES INVESTMENT AMENDMENT REGULATION
Filed: June 10, 2010
For information only: Made by the Minister of Municipal Affairs (M.O. L:073/10)
on June 3, 2010 pursuant to
section 250 of the Municipal Government Act.
1 The Major Cities Investment Regulation (AR 249/2000) is
amended by this Regulation.
Section 6 is amended by striking out "June 30, 2010" and
substituting "June 30, 2015".
--------------------------------
Alberta Regulation 90/2010
Municipal Government Act
REGIONAL SERVICES COMMISSION DEBT LIMIT
AMENDMENT REGULATION
Filed: June 10, 2010
For information only: Made by the Minister of Municipal Affairs (M.O. L:074/10)
on June 3, 2010 pursuant to
section 602.29 of the Municipal Government Act.
1 The Regional Services Commission Debt Limit
Regulation (AR 76/2000) is amended by this Regulation.
Section 5 is amended by striking out "June 30, 2010" and
substituting "June 30, 2015".
--------------------------------
Alberta Regulation 91/2010
Pipeline Act
PIPELINE AMENDMENT REGULATION
Filed: June 16, 2010
For information only: Made by the Energy Resources Conservation Board on June
14, 2010 pursuant to
section 3(1) of the Pipeline Act.
1 The Pipeline Regulation (AR 91/2005) is amended by this
Regulation.
2 The following is added after
section 1.1:
Compliance with Directive
1.2 A licensee shall comply with the requirements of Directive
077: Pipelines - Requirements and Reference Tools, as published
by the Board and amended from time to time.
--------------------------------
Alberta Regulation 92/2010
Municipal Government Act
AQUEDUCT UTILITIES CORPORATION REGULATION
Filed: June 17, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 190/2010)
on June 17, 2010 pursuant to
section 603 of the Municipal Government Act.
Table of Contents
Definitions
2 Application of Act
3 Exemption from Public Utilities Act
4 Dispute resolution
5 Provision of extra-provincial services
6 Repeal
7 Expiry
Definitions
1 In this Regulation,
(a) "Act" means the Municipal Government Act;
(b) "public utility" means a system or works used to provide the
following for public consumption, benefit, convenience or
use:
(
i) water;
(ii) sewage disposal;
(iii) solid waste management.
Application of Act
2(1) Subject to subsection (2), sections 43 to 47 of the Act apply in
respect of a utility service provided by Aqueduct Utilities Corporation.
(2) Section 45(3)(
b) of the Act does not apply in respect of a public
utility owned or operated by Aqueduct Utilities Corporation.
Exemption from Public Utilities Act
Part 2 of the Public Utilities Act does not apply in respect of a
public utility that
(
a) is owned or operated by Aqueduct Utilities Corporation, and
(
b) provides a utility service within the boundaries of a
municipality that is a shareholder of Aqueduct Utilities
Corporation.
Dispute resolution
4 If there is a dispute between a regional services commission and
Aqueduct Utilities Corporation with respect to
(
a) rates, tolls or charges for a service that is a public utility,
(
b) compensation for the acquisition by the commission of
facilities used to provide a service that is a public utility, or
(
c) the commission's use of any road, square, bridge, subway or
watercourse to provide a service that is a public utility,
any party involved in the dispute may submit it to the Alberta Utilities
Commission, and the Alberta Utilities Commission may issue an order
considers appropriate.
Provision of extra-provincial services
5 Aqueduct Utilities Corporation shall not provide any utility services
outside of Alberta without the prior written approval of the Minister.
Repeal
6 The Aqueduct Utilities Corporation Regulation (AR 103/2008) is
repealed.
Expiry
7 This Regulation is made under
section 603(1) of the Act and is
subject to repeal under
section 603(2) of the Act.
--------------------------------
Alberta Regulation 93/2010
Municipal Government Act
CAPITAL REGION ASSESSMENT SERVICES COMMISSION
AMENDMENT REGULATION
Filed: June 17, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 189/2010)
on June 17, 2010 pursuant to
section 602.02 of the Municipal Government Act.
1 The Capital Region Assessment Services Commission
Regulation (AR 77/96) is amended by this Regulation.
2 The
Schedule is amended by adding the following after
clause (f):
(f.1) Summer Village of Lakeview
Alberta Regulation 94/2010
Marketing of Agricultural Products Act
ALBERTA WINTER WHEAT PRODUCERS MARKETING PLAN
AMENDMENT REGULATION
Filed: June 17, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 192/2010)
on June 17, 2010 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Winter Wheat Producers Marketing Plan
Regulation (AR 112/99) is amended by this Regulation.
Section 1(
c) is amended by adding "or regions in respect of
which the meeting is held" after "the region".
Section 11(1)(b)(ii) is amended
(
a) by repealing paragraph (
B) and substituting the
following:
(
B) the producer's mailing address, telephone number and,
if available, e-mail address;
(
b) by repealing paragraph (
E) and substituting the
following:
(
E) the name, mailing address, telephone number and, if
available, e-mail address of any dealer who collected
the service charge on behalf of the producer;
Section 12 is amended
(
a) in clauses (
a) and (
b) by striking out "deduct" and
substituting "collect the service charge for the regulated
product by deducting";
(
b) by repealing clause (d)(ii)(
C) and substituting the
following:
(
C) the name, mailing address, telephone number and, if
available, e-mail address of the producer.
Section 16(
e) is amended by striking out "4" and
substituting "2".
Section 20 is amended by striking out "6" and
substituting "7".
Section 22(2)(
c) is repealed and the following is
substituted:
(
c) held once in every crop year.
Section 23 is repealed and the following is substituted:
Quorum
23 The quorum necessary for the conduct of business at an
annual region meeting is not fewer than
(a) 5 of the eligible producers who carry out production of
the regulated product within the region, if the meeting is
held in respect of one region, or
(b) 10 of the eligible producers who carry out production of
the regulated product within one or more of the regions
in respect of which the meeting is held, if the meeting is
held in respect of 2 or more regions.
Section 24 is amended
(
a) by striking out "7 directors, with," and substituting "9
directors with";
(
b) by repealing clause (
b) and substituting the
following:
(b) 2 directors who carry out production of the regulated
product in one or more regions and who are elected at
large at the annual Commission meeting from among
the producers.
Section 26(2) is amended by striking out "2" and
substituting "3".
Section 27 is amended
(
a) in subsection (2)
(
i) in clause (
b) by striking out "3 and 4" and
substituting "3, 4 and 7";
(ii) in clause (
c) by adding "and for one director to
represent the producers at large" after "6";
(
b) in subsection (4) by striking out "3 consecutive full
terms" and substituting "2 consecutive terms".
Section 28 is amended by adding the following after
subsection (4):
(5) A term of office served by a director appointed under
subsection (3) is to be included as a term for the purposes of
section 27(4) only if more than 50% of the term is unexpired when
the director is appointed.
Section 29(3) is amended by striking out "3 years have"
and substituting "one year has".
Section 31 is amended
(
a) in subsection (1) by striking out "for each year" and
substituting "once in every crop year";
(
b) by repealing subsection (2).
Section 34 is amended in clauses (
a) and (
b) by striking
out "20" and substituting "15".
16 Sections 35 and 36 are repealed and the following is
substituted:
Election of directors
35(1) The board is to solicit nominations for the position of
director for each region from which a director is required to be
elected by any means of notice that the board may determine.
(2) Nominations for the position of director may be
(
a) in writing and filed at the Commission's head office by
a date fixed by the board, or
(
b) received from the floor at the annual region meeting.
(3) A nomination referred to in subsection (2) must be
(
a) endorsed by at least 3 eligible producers from the region
in respect of which the election is to be held, and
(
b) accompanied by the consent of the eligible producer
who is being nominated as a director.
(4) The election of a director to represent a region is to be carried
out by a secret ballot at the annual region meeting.
Failure to elect director
36(1) If the eligible producers in a region fail to elect a director,
the election of a director to represent that region may be held at the
next annual Commission meeting.
(2) Where an election of a director is to be held at the annual
Commission meeting, nominations for the position of director may
(
a) in writing and filed at the Commission's head office by
a date fixed by the board, or
(
b) received from the floor at the annual Commission
meeting.
(3) A nomination referred to in subsection (2) must be
(
a) endorsed by at least 3 eligible producers from the region
in respect of which the election is to be held, and
(
b) accompanied by the consent of the eligible producer
who is being nominated as a director.
Section 37 is amended
(
a) in subsection (1) by adding "in an election and" before
"on any question";
(
b) by repealing subsections (2) and (3) and
substituting the following:
(2) An eligible producer is eligible to vote in an election and
on any question put to a vote at an annual region meeting if
(
a) the eligible producer carries out production of the
regulated product in the region for which the election is
held or to which the question pertains, and
(
b) is present at the meeting at which the vote is held.
Section 42 is amended by striking out "2010" and
substituting "2015".
19 The
Schedule is amended by repealing sections 5 and 6
and substituting the following:
5 Region 5 is comprised of the area that is included within the
following boundaries:
Western Boundary: Alberta-British Columbia border;
Southern Boundary: Highway #9 west to intersect with
Highway #1 and then west on
Highway #1 to the Alberta-British
Columbia border;
Eastern Boundary: Highway #56 north to intersect with
Highway #26 and then west on
Highway #26 to intersect with
Highway #21 and then north on
Highway #21 to intersect with
Highway #37 and then west on
Highway #37 to intersect with
Highway #28A and then north on
Highway #28A to intersect with
Highway #28 and then north on
Highway #28 to intersect with
Highway #63 and then north on
Highway #63 to intersect with
Highway #55 and then west on
Highway #55 to intersect with
Highway #2 and then north on
Highway #2 to intersect with the
Athabasca River;
Northern Boundary: Athabasca River.
6 Region 6 is comprised of the area that is included within the
following boundaries:
Western Boundary: Highway #56 north to intersect with
Highway #26 and then west on
Highway #26 to intersect with
Highway #21 and then north on
Highway #21 to intersect with Highway
#37 and then west on
Highway #37 to intersect with
Highway #28A and then north on
Highway #28A to intersect with
Highway #28 and then north on
Highway #28 to intersect with
Highway #63 and then north on
Highway #63 to intersect with
Highway #55 and then west on
Highway #55 to intersect with
Highway #2 and then west on
Highway #2 to intersect with
Highway #88 and then north on
Highway #88 to intersect with
Highway #58 and then west on
Highway #58 to intersect with
Highway #35 and then north on
Highway #35 to the Alberta-Northwest
Territories border;
Southern Boundary: Highway #9;
Eastern Boundary: Alberta-Saskatchewan border;
Northern Boundary: Alberta-Northwest Territories border.
7 Region 7 is comprised of the area that is included within the
following boundaries:
Western Boundary: Alberta-British Columbia border;
Southern Boundary: Athabasca River;
Eastern Boundary: Highway #2 north from where it
intersects with the
Athabasca River to where it intersects
with
Highway #88 and then north on
Highway #88 to intersect with Highway
#58 and then west on Highway #58 to intersect with Highway
#35 and then north to the Alberta-Northwest Territories border;
Northern Boundary: Alberta-Northwest Territories border.
--------------------------------
Alberta Regulation 95/2010
Women's Institute Act
FORMS AMENDMENT REGULATION
Filed: June 17, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 194/2010)
on June 17, 2010 pursuant to
section 37 of the Women's Institute Act.
1 The Forms Regulation (AR 24/99) is amended by this
Regulation.
Section 2 is amended by striking out "June 30, 2010" and
substituting "June 30, 2020".
--------------------------------
Alberta Regulation 96/2010
Adult Guardianship and Trusteeship Act
ADULT GUARDIANSHIP AND TRUSTEE
AMENDMENT REGULATION
Filed: June 17, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 202/2010)
on June 17, 2010 pursuant to
section 116 of the Adult Guardianship and Trusteeship
Act.
1 The Adult Guardianship and Trusteeship Regulation
(AR 219/2009) is amended by this Regulation.
2 The following is added after
section 11:
Amendment of guardianship plan
11.1(1) A guardian may amend a guardianship plan by
(
a) completing a new guardianship plan in Form 32 that clearly
indicates
(
i) it is an amendment of the existing guardianship plan,
and
(ii) the differences between the amended guardianship plan
and the existing guardianship plan,
(
b) filing the amended guardianship plan with the Court,
(
c) serving, within 20 days of filing, the amended guardianship
plan on
(
i) the represented adult, if the represented adult was
served with the application for the guardianship order,
and
(ii) each guardian or alternate guardian of the represented
adult,
and
(
d) sending, within 20 days of filing, the amended guardianship
plan to a review officer.
(2) An amended guardianship plan takes effect on the day on which
it is filed with the Court.
Section 19(4) is amended by striking out "or 7".
Section 23 is amended
(
a) by striking out "the Act," and substituting "the Act:";
(
b) by repealing clause (
a) and substituting the
following:
(
a) any type of heath care that is the subject of a treatment
decision for an adult who is a formal patient as defined
in, or who is subject to, a community treatment order
under the Mental Health Act;
Section 24 is amended by adding the following after
subsection (4):
(5) If a specific decision maker is making a decision pursuant to
section 88(2)(
d) of the Act, it is sufficient for the specific decision
maker to rely on the research ethics board's approval of the research
or experimental activity involving the adult, even in a case where
there is no known benefit, but also no harm from the treatment, to
the adult.
(6) For the purposes of subsection (5), "research ethics board" has
the meaning given to it in the Health Information Act.
Section 27 is amended
(
a) in subsection (1)(
b) and (
c) by striking out "order"
and substituting "application";
(
b) by adding the following after subsection (2):
(3) Unless the Public Trustee is of the opinion that it would be
impracticable to do so, the Public Trustee shall, on a request
from the Minister that identifies the requested information or
document specifically or by type, provide to the Minister any
information or a copy of any document in the possession of the
Public Trustee that is required to be or may be deposited by the
Minister in the registry.
Section 47 is amended
(
a) in subsection (2)(d)
(
i) in subclause (i)(
C) by striking out
"co-decision-maker;" and substituting
"co-decision-maker,";
(ii) in subclause (ii) by striking out "Form 30;" and
substituting "Form 30, and";
(
b) in subsection (3)(d)
(
i) in subclause (
i) by striking out "Form 32;" and
substituting "Form 32,";
(ii) in subclause (ii) by striking out "Form 33;" and
substituting "Form 33,";
(iii) by repealing subclause (iii)(
B) and substituting
the following:
(
B) each proposed new guardian, in Form 24, and new
alternate guardian, in Form 26, to the review
officer or a person acting on behalf of the review
officer obtaining a criminal records check
respecting the proposed new guardian or alternate
guardian,
and
(iv) in subclause (iv) by adding "new" before
"alternate";
(
c) in subsection (4)(d)(ii)(
B) by striking out ", in Form 27
or 28, and alternate trustee, in Form 29, who is an individual,
to act as trustee or alternate trustee" and substituting
"who is an individual, in Form 27, and each new alternate
trustee who is an individual, in Form 29,".
Section 48 is amended
(
a) by repealing subsection (1)(
a) and substituting the
following:
(
a) prepare a notice of application, solely on the basis of the
information set out in the application submitted to the
review officer under
section 47(2), (3) or (4), and
(
b) in subsection (2)(
a) by striking out "section 46" and
substituting "section 47".
Section 56(1) and (2)(
a) are amended by striking out
"section 57" and substituting "section 55".
Section 58(1) is amended by striking out "section 58(2)"
and substituting "section 56(2)".
Section 72(1) is repealed and the following is
substituted:
Request for documents
72(1) A person referred to in
section 71(1), (2) or (3) may request
the applicant to provide a copy of any document that was filed with
the Court by the applicant and that was not served on or sent to the
person under
section 71(1), (2) or (3).
Section 74 is amended
(
a) in subsection (1) by adding "an" before "application
for";
(
b) in subsection (2)
(
i) in clause (
a) by adding "or represented adult" after
"adult";
(ii) by repealing clause (
b) and substituting the
following:
(
b) any co-decision-maker, guardian, alternate
guardian, trustee, alternate trustee, agent or
attorney of the assisted adult or represented adult,
and
Section 79 is amended
(
a) in subsection (1) by striking out "an interested" and
substituting "any other";
(
b) in subsection (2)(a)(ii) by striking out "if the
represented adult is not the applicant,".
Section 80 is amended
(
a) in subsection (1) by adding "or affected person" after
"trustee" wherever it occurs;
(
b) in subsection (2)(
b) by adding ", trustee" after
"guardian".
Section 81 is amended
(
a) in subsection (3)
(
i) by striking out "the Act" and substituting "the
Act:";
(ii) in clause (
b) by striking out "the Indian Act
(Canada), or" and substituting "the Indian Act
(Canada);";
(
b) in subsection (9) by striking out "subsection (5)" and
substituting "subsection (5)(b)".
16 The following is added before "Form 1 Application for
Appointment of Co-decision-maker":
Schedule 2
17 The new
Schedule 2 is amended
(
a) in Form 3 by striking out "and Hearing";
(
b) in Form 14
(
i) in item 9.1 by striking out "to the Court that service
on the adult should be dispensed with" and
substituting "that service will cause harm to the
adult";
(ii) in item 10.2 by adding "authority," before
"direction" wherever it occurs;
(
c) in Form 15 by striking out
Document
Application
and substituting
Document
Affidavit of Applicant
(
d) in Form 18
(
i) by striking out "(section 54(4)
a) of the Act)" and
substituting "(section 54(4)(
a) of the Act)";
(ii) in item 2.15
(
A) by striking out "must apply for a review of this
trusteeship order" and substituting "must
submit trusteeship accounts for examination and
approval by the Court";
(
B) by striking out "(no fixed review date)" and
substituting "(no fixed date)";
(
e) in Form 19
(
i) in item 7.2 by striking out "Trustee Compensation"
and substituting "What order are you requesting the
Court to make regarding the trustee's compensation for
the accounting period?";
(ii) in item 9.1 by striking out "satisfies the Court";
(iii) in item 10.2 by adding "authority," before
"direction" wherever it occurs;
(
f) in Form 21
(
i) in item 3 by striking out
Continue the guardianship order
and substituting the following:
Continue the guardianship order
as is without any amendment (except for the required review
date, if any)
with amendments as requested
(ii) in item 4 by striking out the following before
"any other personal matter the Court considers
necessary, specifically:":
? ? the carrying on of any legal proceeding that
does not relate primarily to the financial
matters of the adult
(iii) in item 5 by striking out
Continue the trusteeship order
and substituting the following:
Continue the trusteeship order
as is without any amendment (except for the required review
date, if any)
with amendments as requested
(
g) in Form 22
(
i) in item 4 by striking out
Continue the guardianship order
and substituting the following:
Continue the guardianship order
as is without any amendment (except for the required review
date, if any)
with amendments as requested
(ii) in item 5 by striking out the following before
"Any other personal matter the Court considers
necessary, specifically:":
? ? the carrying on of any legal proceeding that
does not relate primarily to the financial
matters of the adult
(iii) in item 6 by striking out
Continue the trusteeship order
and substituting the following:
Continue the trusteeship order
as is without any amendment (except for the required review
date, if any)
with amendments as requested
(
h) in the heading of Forms 24 to 29 by striking out
"and Undertaking" and substituting "of Proposed";
(
i) in Form 26 by striking out "Consent of Proposed
Guardian" and substituting "Consent of Proposed
Alternate Guardian";
(
j) in Form 31
(
i) by striking out "paid to someone" and substituting
"paid by someone";
(ii) by striking out "vexations" and substituting
"vexatious";
(
k) in Form 36
(
i) by striking out the heading "Section 1 - Bank
Account Transactions" and substituting "1 -
Bank Account Transactions";
(ii) by striking out the heading "Section 2 -
Investment Account Transactions" and
substituting "2 - Investment Account
Transactions";
(iii) in item 2
(
A) by striking out "Transcription Described" and
substituting "Transaction Description";
(
B) by striking out "see 100 shares" and
substituting "sell 100 shares";
(iv) by striking out the heading "Section 3 - Other
Transactions" and substituting "3 - Other
Transactions";
(
v) by striking out "This section" wherever it occurs
and substituting "This item".
(
l) in Form 37
(
i) by striking out "inventor" and substituting
"inventory";
(ii) by striking out "statement of transactions" and
substituting "inventory";
(
m) in Form 38
(
i) by adding "of" before "Trustee Address" wherever
it occurs;
(ii) by striking out "statement of transactions" and
substituting "overview of trusteeship accounts";
(iii) by adding the heading "1 -
Summary of Start
Date and End Date Financial Position"
immediately before the table entitled "Adult's
Assets and Liabilities (Debts)";
(iv) in the table entitled "Adult's Assets and Liabilities
(Debts)",
(
A) by striking out "Bank Accounts";
(
B) by striking out "Other Financial Assets" and
substituting "Financial Assets";
(
v) by striking out the heading "Section 1 -
Summary of Assets and Liabilities as of End
Date" and substituting "2 -
Summary of
Assets and Liabilities as of End Date";
(vi) by striking out the heading "Section 2 -
Detailed Reconciliation of Bank Accounts" and
substituting "3 - Detailed Reconciliation of
Bank Accounts";
(vii) by striking out the heading "Section 3 -
Summary Reconciliation of Other Assets and
Liabilities" and substituting "4 -
Summary
Reconciliation of Other Assets and Liabilities";
(viii) by striking out the heading "Section 4 - Other
Matters" and substituting "5 - Other Matters";
(ix) by striking out the heading "Section 5 -
Proposed Compensation" and substituting "6
- Proposed Compensation".
Alberta Regulation 97/2010
Protection for Persons in Care Act
PROTECTION FOR PERSONS IN CARE REGULATION
Filed: June 17, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 204/2010)
on June 17, 2010 pursuant to
section 26 of the Protection for Persons in Care Act.
Table of Contents
1 Definition
2 Prescribed Act
3 Designated service providers
4 Circumstances not constituting abuse
5 Expiry
6 Coming into force
Definition
1 In this Regulation, "Act" means the Protection for Persons in Care
Act, SA 2009 cP-29.1.
Prescribed Act
2 The Health Disciplines Act is prescribed for the purposes of
sections 1(4)(
c) and 7(4) of the Act.
Designated service providers
3 The following persons are designated as service providers for the
purpose of
section 1(1)(
m) of the Act:
(
a) the operator of a supportive living accommodation licensed
under the Supportive Living Accommodation Licensing Act
that receives part or all of its operating funds, directly or
indirectly, from the Government of Alberta;
(
b) a person that provides care or support services, other than
family-managed supports, to individuals with developmental
disabilities and receives funding under the Persons with
Developmental Disabilities Community Governance Act for
the provision of those services;
(
c) a person that provides day programs, residential and care or
support services funded by Alberta Health Services,
including, without limitation, addictions and mental health
treatment and rehabilitation centres.
Circumstances not constituting abuse
4 For the purpose of
section 1(3)(
e) of the Act, the following
circumstances do not constitute abuse:
(
a) decisions made by a guardian or trustee under the Adult
Guardianship and Trusteeship Act;
(
b) decisions made by a review panel under the Mental Health
Act;
(
c) decisions made by a person described in
section 28(1) of the
Mental Health Act;
(
d) actions taken under the Emergency Medical Aid Act.
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 June 15, 2015.
Coming into force
6 This Regulation comes into force on the coming into force of
section 26 of the Act.
--------------------------------
Alberta Regulation 98/2010
Fair Trading Act
DESIGNATION OF TRADES AND BUSINESSES
AMENDMENT REGULATION
Filed: June 17, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 205/2010)
on June 17, 2010 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.
Section 3(3) is amended by striking out "or" at the end of
clause (v), adding "or" at the end of clause (
w) and adding
the following after clause (w):
(
x) a person who is engaged in the time share business as
designated under
section 6.2 and is licensed under the Time
Share and Points-based Contracts and Business Regulation.
3 The following is added after
section 6.1:
Time share business
6.2(1)
Part 10 of the Fair Trading Act applies to the time share
business.
(2) In this section,
(a) "exchange program" and "points-based contract" have the
meanings given to those terms in the Time Share and
Points-based Contracts and Business Regulation;
(b) "time share business" means the activities of offering,
soliciting, negotiating or concluding time share contracts or
points-based contracts.
(3) For the purposes of this section, the time share business does not
include the following:
(
a) any activity by an industry member as defined in the Real
Estate Act who is acting in the course of a profession or
calling to which that Act applies;
(
b) the activities of offering, soliciting, negotiating or concluding
any collateral agreement under which a consumer agrees to
participate in an exchange program.
4 This Regulation comes into force on November 1, 2010.
--------------------------------
Alberta Regulation 99/2010
Gas Utilities Act
GAS UTILITIES EXEMPTION AMENDMENT REGULATION
Filed: June 17, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 206/2010)
on June 17, 2010 pursuant to
section 5 of the Gas Utilities Act.
1 The Gas Utilities Exemption Regulation (AR 53/99) is
amended by this Regulation.
Section 4 is amended by striking out "June 30, 2010" and
substituting "June 30, 2015".
--------------------------------
Alberta Regulation 100/2010
Corrections Act
FINE OPTION AMENDMENT ORDER
Filed: June 17, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 210/2010)
on June 17, 2010 pursuant to
section 34 of the Corrections Act.
1 The Fine Option Order (AR 92/99) is amended by this
Order.
Section 1(
d) is repealed and the following is substituted:
(d) "offender" means a person, including a young person under
the Youth Criminal Justice Act (Canada), other than a
corporation, who is convicted of or pleads guilty to an
offence;
Section 9 is amended by striking out "June 30, 2010" and
substituting "June 30, 2017".
--------------------------------
Alberta Regulation 101/2010
Court of Queen's Bench Act
SURROGATE RULES AMENDMENT REGULATION
Filed: June 17, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 211/2010)
on June 17, 2010 pursuant to
section 20 of the Court of Queen's Bench Act.
1 The Surrogate Rules (AR 130/95) are amended by this
Regulation.
2 Rule 11 is amended in subrule (1) by adding the
following after clause (a):
(a.1) a person appointed by the person expressly authorized in a
will to appoint a personal representative;
3 Rule 13 is amended by adding the following after subrule
(6):
(7) If a trustee is appointed to hold property on trust, in a will or by
a person authorized in a will to make the appointment, an
acknowledgment of trustee(
s) in Form NC 6.1 signed by the
trustee(
s) of each trust must be filed.
(8) The personal representative must not make a distribution to a
trustee of any property that is subject to a trust under a will until
after an acknowledgment of trustee(
s) in Form NC 6.1 signed by the
trustee(
s) has been filed.
Schedule 1 is amended
(
a) in the Table of
Part 1 by repealing item 18 and
substituting the following:
18 Complying with the requirement for filing an
acknowledgment of trustee(
s) before distributing any property
to a trustee.
(
b) in Table 1 of
Part 2 by repealing item 14 and
substituting the following:
14 Preparing releases and acknowledgments of trustee(
s) and
obtaining and filing them if so instructed by the personal
representatives.
Schedule 3 is amended
(
a) in Form NC 2 by renumbering paragraph 5 as
paragraph 6 and adding the following before
paragraph 6:
(Include the following if applicable. Delete if not applicable.)
5 The applicant(
s) will not make a distribution to a trustee
of any property that is subject to a trust under the will until
after an acknowledgment of trustee(
s) in Form NC 6.1
signed by the trustee(
s) has been filed.
(
b) by adding the following after Form NC 6:
NC 6.1
ESTATE NAME
DOCUMENT Acknowledgment of Trustee(
s) Name(
s) Complete address(es)
Status (Choose one of the following:)
Named in the will
Named by personal representative ______,
who is authorized by the will to appoint
trustee(
s) Named by ______, who is authorized in
the will to appoint trustee(
s) Relationship to deceased
Age over 18
Any persons with a prior or
equal right to apply
Provide name(s), address(es) and relationship
to deceased of all persons with a prior or
equal right to trusteeship according
to the will. Write "n/a" if not applicable.
Renunciations attached
Provide name(
s) of renunciators;
renunciations are needed from all trustees
named in the will who have renounced
their right to trusteeship.
1. The deceased, , signed a will dated in which I am
appointed trustee of the following trusts:
Name of Beneficiary
Age
Address
Para.
No. Will
- OR -
1. The deceased, , signed a will dated in which the
deceased authorized to appoint a trustee. I have been
appointed by to be the trustee of the following trusts:
Name of Beneficiary
Age
Address
Para.
No. Will
2. I acknowledge that as trustee:
(
a) I must use the funds in the trust only in accordance with the
terms of the trust.
(
b) I cannot borrow or take a benefit from the trust property unless
the will expressly allows me to do so.
(
c) I must keep adequate records of my administration of the trust
property.
(
d) I must keep the trust property separate from any other property.
3. I will faithfully administer the trust according to law and will give a
true accounting of my administration of the trust to the persons
entitled to it when lawfully required.
SIGNED ON
Signature Witness
This document requires an affidavit of execution. Use Form NC 11.
(
c) in Form NC 29 by renumbering paragraph 6 as
paragraph 7 and adding the following before
paragraph 7:
(Include the following if applicable. Delete if not applicable.)
6 The attorney for the personal representative(
s) will not
make a distribution to a trustee of any property that is
subject to a trust under the will until after an
acknowledgment of trustee(
s) in Form NC 6.1 signed by the
trustee(
s) has been filed.
(
d) in Form NC 31 by renumbering paragraphs 6, 7 and
8 as paragraphs 7, 8 and 9, respectively, and
adding the following before the new paragraph 7:
(Include the following if applicable. Delete if not applicable.)
6 The personal representative(
s) will not make a
distribution to a trustee of any property that is subject to a
trust under the will until after an acknowledgment of
trustee(
s) in Form NC 6.1 signed by the trustee(
s) has been
filed.
(
e) in Form NC 33 by renumbering paragraphs 6 and 7
as paragraphs 7 and 8, respectively, and adding the
following before the new paragraph 7:
(Include the following if applicable. Delete if the
trustee(
s) are not under the jurisdiction of the court.)
6 The personal representative(
s) will not make a
distribution to a trustee of any property that is subject to a
trust under the will until after an acknowledgment of
trustee(
s) in Form NC 6.1 signed by the trustee(
s) has been
filed.
(
f) in Form NC 44 by repealing paragraphs 9 and 10
and substituting the following:
9. I acknowledge that as trustee:
(
a) I must use the funds in the trust only in accordance
with the order of the court.
(
b) I cannot borrow or take a benefit from the trust
property unless the court order expressly allows
me to do so.
(
c) I must keep adequate records of my administration
of the trust property.
(
d) I must keep the trust property separate from any
other property.
10. I will faithfully administer the trust according to law and
will give a true accounting of my administration of the trust
to the persons entitled to it when lawfully required.
11. The trustee(
s) will surrender the grant that this court
issues back to the court whenever the court requires.
--------------------------------
Alberta Regulation 102/2010
Marketing of Agricultural Products Act
ALBERTA WINTER WHEAT PRODUCERS COMMISSION
AUTHORIZATION AMENDMENT REGULATION
Filed: June 17, 2010
For information only: Made by the Alberta Agricultural Products Marketing Council
on January 26, 2010 pursuant to
section 26 of the Marketing of Agricultural Products
Act and approved by the Minister of Agriculture and Rural Development on May 31,
1 The Alberta Winter Wheat Producers Commission
Authorization Regulation (AR 124/99) is amended by this
Regulation.
Section 4 is amended by striking out "2010" and
substituting "2015".
--------------------------------
Alberta Regulation 103/2010
Marketing of Agricultural Products Act
ALBERTA WINTER WHEAT PRODUCERS MARKETING
AMENDMENT REGULATION
Filed: June 17, 2010
For information only: Made by the Alberta Winter Wheat Producer Commission on
March 19, 2010 pursuant to
section 26 of the Marketing of Agricultural Products Act
and approved by the Agricultural Products Marketing Council on April 19, 2010.
1 The Alberta Winter Wheat Producers Marketing
Regulation (AR 121/99) is amended by this Regulation.
Section 4 is amended
(
a) in subsection (1) by striking out "deduct" and
substituting "collect the service charge for the regulated
product by deducting";
(
b) in subsection (2) by striking out "55 days" and
substituting "30 days";
(
c) by repealing subsection (3) and substituting the
following:
(3) Any dealer who is required to collect and pay to the
Commission the service charge payable by a producer shall,
when that dealer pays the service charge to the Commission,
provide to the Commission, in respect of that producer, a
summary detailing
(
a) the amount of regulated product obtained from the
producer,
(
b) the amount of the service charge being paid on behalf of
the producer,
(
c) the name, mailing address, telephone number and, if
available, e-mail address of the producer, and
(
d) the Canadian Wheat Board identification number of the
producer, if available.
(4) A dealer who fails
(
a) to collect a service charge in accordance with
subsection (1), or
(
b) to pay a service charge to the Commission in
accordance with subsection
(2) is liable to the Commission for the amount of the service charge.
(5) Where the Commission is of the opinion that circumstances
warrant it, the Commission may, in writing, require that a dealer
produce for the Commission's inspection any record in the
possession or under the control of the dealer that relates to the
collection of service charges by the dealer.
Section 5(2)(
b) is amended
(
a) by repealing subclause (ii) and substituting the
following:
(ii) the producer's mailing address, telephone number and,
if the producer has an e-mail address, e-mail address;
(
b) by repealing subclause (
v) and substituting the
following:
(
v) the name, mailing address, telephone number and, if
available, e-mail address of any dealer who collected
the service charge on behalf of the producer;
Section 7(2) is amended by repealing clauses (
a) and (
b) and substituting the following:
(
a) the name, mailing address, telephone number and, if
available, e-mail address of the applicant,
(
b) the street address of the applicant, if it is different from the
mailing address, and
5 Sections 15 and 16 are repealed.
Section 21 is amended by striking out "2010" and
substituting "2015".
--------------------------------
Alberta Regulation 104/2010
Protection for Persons in Care Act
PROTECTION FOR PERSONS IN CARE (MINISTERIAL) REGULATION
Filed: June 17, 2010
For information only: Made by the Minister of Seniors and Community Supports
(M.O. 031/2010) on June 16, 2010 pursuant to
section 27 of the Protection for
Persons in Care Act.
Table of Contents
1 Meaning of "legal representative" in the Act
2 Application for review
3 Review and decision on review
4 Contents of notice of appeal
5 Personal information
6 Expiry
7 Coming into force
Meaning of "legal representative" in the Act
1 In the Act, "legal representative" means
(
a) an agent designated in a personal directive that is in effect
under the Personal Directives Act,
(
b) a co-decision-maker as defined in the Adult Guardianship
and Trusteeship Act, or
(
c) a guardian as defined in the Adult Guardianship and
Trusteeship Act,
and, in respect of a person who has more than one of the legal
representatives referred to in clauses (
a) to (c), means all of them.
Application for review
2(1) A complainant who wishes to have a complaints officer's
decision under
section 11(3) of the Act reviewed by the Director must
apply for the review within 15 days after being notified in writing of
the decision.
(2) Despite subsection (1), the Director may extend the time for
making an application for a further period of time that the Director
considers proper if, in the opinion of the Director, there are extenuating
circumstances in the particular case.
(3) An application for a review must be in writing and contain the
following:
(
a) the complainant's name;
(
b) the complainant's address, telephone number, fax number
and e-mail address, if any;
(
c) a brief description of the complaints officer's decision that is
requested to be reviewed and the date on which it was made;
(
d) the date the complainant received notification in writing of
the complaints officer's decision;
(
e) the reasons for requesting the review;
(
f) the date on which the application for a review is made;
(
g) the signature of the complainant.
Review and decision on review
3(1) On receiving an application for a review, the Director
(
a) shall review and either confirm or reverse the complaints
officer's decision, and
(
b) may take any other action the Director considers appropriate
in the circumstances.
(2) The Director shall, within 30 days after receiving an application
for a review, complete the review and issue to the applicant a written
decision, including the reasons for it.
(3) A decision of the Director under this
section is final and not
subject to appeal.
Contents of notice of appeal
4 A notice of appeal under
section 17 of the Act must contain the
following:
(
a) the appellant's name;
(
b) the appellant's address, telephone number, fax number and
e-mail address, if any;
(
c) a brief description of the Director's decision being appealed
and the date on which it was made;
(
d) the date the appellant received notification of the Director's
decision;
(
e) an indication of whether the appellant is a complainant,
service provider, client or other individual involved in the
matter that is subject of the Director's decision;
(
f) the reasons for requesting the appeal;
(
g) the file number indicated on the copy of the Director's
decision received by the appellant;
(
h) the date on which the notice of appeal is made;
(
i) the signature of the appellant.
Personal information
5 A person who claims to have authority to receive personal
information, health information or financial information respecting
another person, on behalf of that other person under any provision of
the Act or its regulations, must provide a copy of the legal instrument
that sets out the authority to the person responsible for disclosing the
information.
Expiry
6 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on June 15, 2015.
Coming into force
7 This Regulation comes into force on the coming into force of the
Protection for Persons in Care Act, 2009 cP-29.1.
Alberta Regulation 105/2010
Fair Trading Act
TIME SHARE AND POINTS-BASED CONTRACTS AND
BUSINESS REGULATION
Filed: June 17, 2010
For information only: Made by the Minister of Service Alberta (M.O. SA:004/2010)
on June 17, 2010 pursuant to sections 41 and 105 of the Fair Trading Act.
Table of Contents
Part 1
Interpretation
Definitions
Part 2
Time Share Contracts and
Points-based Contracts
Contract Requirements
2 Contents of contracts
3 Contract to be signed
4 Contract to be provided to consumer
Cancellation of Contracts
5 Right to cancel within one year
6 Absolute cancellation right - points-based contracts
7 Exception
8 Method of cancellation
Suppliers' Obligations
9 Funds to be held in trust
10 Inconsistent representations
11 Records
12 Obligation of supplier on cancellation
Part 3
Time Share Business Licence
13 Application
14 Classes of licence established
15 Application for licence
16 Term of licence and renewal
17 Fee
18 Security
19 Representations
20 General Licensing and Security Regulation applies
Part 4
Unfair Practices and Other Offences
21 Unfair practices
22 Offences
23 Vicarious responsibility
Part 5
General
24 Transitional - existing contracts
25-27 Consequential amendments
28 Repeal
29 Expiry
30 Coming into force
Schedule
Part 1
Interpretation
Definitions
1(1) In this Regulation,
(a) "Act" means the Fair Trading Act;
(b) "exchange program" means a program under which
participants in a time share plan have the right or option to
exchange a right to use property within the time share plan
for a right to use property under another time share plan;
(c) "licence" means a time share business licence issued under
this Regulation;
(d) "licensee" means the holder of a time share business licence;
(e) "non-disturbance clause" means one or more legally binding
provisions of a contract between a person having an interest
in time share property under a mortgage, security agreement
or other financial instrument and a supplier
(
i) requiring the person to ensure that in the event of a
receivership, sale or other transfer of the time share
property caused by the exercise of any right of the
person, the receiver, purchaser or other transferee
assumes the obligations of the supplier under the Act,
this Regulation and the contract to current and future
consumers who have time share interests in the
property,
(ii) providing that the time share interests of current and
future consumers in the time share property take priority
over the person's interest in the property, and
(iii) restraining the person from interfering, when exercising
rights in relation to the person's interest or any financial
encumbrance associated with it, with the use or
enjoyment of the time share property by current and
future consumers;
(f) "ownership interest" means a legal interest in property, and
includes a beneficial interest in a trust, whether held directly
or as a shareholder or member of a body corporate;
(g) "points" means points, credits or similar equivalencies that
are assigned to a time share interest by or under a time share
plan;
(h) "points-based contract" means a contract in which a
consumer acquires points and rights or options to exchange
the points for a right to use, occupy or possess real or
personal property, whether located in Alberta or not,
(
i) as part of a time share plan that provides for other
participants in the plan to acquire and exchange points
in the same manner, and
(ii) for a period of time determined under the time share
plan,
whether or not the consumer receives any other interest,
right, privilege or benefit under the contract;
(i) "supplier" means a person who, whether directly or through
an employee, representative or agent, engages in the
activities of a time share business;
(j) "time share business" means the activity of offering,
soliciting, negotiating or concluding time share contracts or
points-based contracts;
(k) "time share interest" means an ownership interest in real or
personal property, or a right to use, occupy or possess such
property, received by a consumer under a time share contract
or a points-based contract;
(l) "time share plan" means a plan that provides participants in
the plan with rights or options to use, occupy or possess real
or personal property, and includes the following:
(
i) a plan under which a right to use, occupy or possess a
specific property circulates among the participants;
(ii) a plan that provides the participants with a right or
option to exchange points for the right to use, occupy or
possess real or personal property;
(m) "time share property" means property in which a consumer
receives a time share interest under a time share contract or a
points-based contract.
(2) The definition of "goods" in
section 1(1)(
e) of the Act is
broadened to include
(
a) an ownership interest in real or personal property, and
(
b) a right to use, occupy or possess real or personal property
received by a consumer under a time share contract or a points-based
contract.
(3) The broadening of the definition of "goods" in subsection
(2) applies in this Regulation and for the purposes of applying the Act to
the subject-matter of this Regulation.
Part 2
Time Share Contracts and
Points-based Contracts
Contract Requirements
Contents of contracts
2(1) Every time share contract and every points-based contract must
be in writing and include the following:
(
a) the consumer's name and address;
(
b) the supplier's name, business address including a street
address, telephone number and, if applicable, fax number and
e-mail address;
(
c) the name and position of any agent or employee who is
representing the supplier in respect of the contract;
(
d) the date and place at which the contract is entered into;
(
e) in the case of a time share contract,
(
i) a description of the time share property, including its
legal description and precise location, and
(ii) a full description of the time share interest being
purchased by the consumer under the contract,
including a statement of any period during which, or
any dates on which, the consumer is entitled to use,
occupy or possess the time share property;
(
f) in the case of a points-based contract,
(
i) an explanation of the options available to the consumer
under the contract to exchange points for the right to
use, occupy or possess real or personal property within
the time share plan, and
(ii) a full description of the time share interest being
purchased by the consumer under the contract and a
statement of the terms of any trust or other arrangement
under which the consumer's interest is to be held;
(
g) any financial conditions that must be met before the
consumer may exercise a right under the contract, including
any requirement that all or any portion of the purchase price
be paid beforehand;
(
h) an itemized statement of
(
i) the total cost of the time share interest being purchased
by the consumer,
(ii) the number of points, if any, being acquired by the
consumer,
(iii) any closing costs payable by the consumer in respect of
the contract, and
(iv) any expense, fee, levy, assessment or cost to which the
consumer is or may become subject under the contract,
time share plan or exchange program, if any;
(
i) if credit is extended by the supplier,
(
i) a statement of any security taken for payment, and
(ii) the disclosure statement required under
Part 9 of the
Act;
(
j) a statement as to whether the number of points referred to in
clause (h)(ii) or any expense, fee, levy, assessment or cost
referred to in clause (h)(iv) is subject to change in the future,
and if so, an explanation of how and when it may change;
(
k) the terms of payment;
(
l) unless the third party's interest and any financial
encumbrance associated with it are the subjects of a
non-disturbance clause, provisions warranting
(
i) that the time share property and any other property or
facility in respect of which the consumer has an interest
or right under the contract are not subject to any leases
or mortgages, liens, charges, money judgments, security
agreements or other financial encumbrances of a third
party,
(ii) that the supplier will not mortgage the property or
facility, pledge it as security or lease or otherwise grant
any interest in it to a third party, other than a time share
interest, and
(iii) that the supplier will discharge any financial
encumbrance or lease registered by a third party as soon
as reasonably possible;
(
m) full particulars of the time share plan under which the
contract is made, or in which the consumer is to be a
participant;
(
n) a statement of the consumer's cancellation rights, in the form
set out in the Schedule.
(2) The information required by subsection (1) must be set out legibly.
(3) The statement referred to in subsection (1)(
n) or a notice indicating
where that statement is located in the contract must be printed in not
less than 12-point bold type on the front of the contract.
(4) A supplier shall notify the consumer and a consumer shall notify
the supplier, in writing and without delay, of any change in the
information required to be provided under subsection (1)(
a) or (b).
(5) A notification under subsection (4) is to be given to a person in
accordance with the most recent information provided by the person
under subsection (1)(
a) or (
b) or (4).
Contract to be signed
3 Every time share contract and every points-based contract must be
signed by the supplier or the supplier's agent and by the consumer, and
the name of each signatory to the contract must be printed legibly
beside or below the signature.
Contract to be provided to consumer
4 A supplier who enters into a time share contract or a points-based
contract with a consumer must provide the consumer with a copy of
the signed contract at the time the contract is signed.
Cancellation of Contracts
Right to cancel within one year
5 Every time share contract and every points-based contract must
contain a provision allowing the consumer to cancel the contract at any
time within one year after the date on which the contract is entered into
(
a) the supplier does not hold a valid licence at the time the
contract is entered into and is not excluded by
section 13
from the requirement to hold a licence,
(
b) the supplier does not include the information required by
section 2(1)(
a) to (
n) in the contract,
(
c) the contract is not signed by the consumer, or
(
d) the supplier does not provide a copy of the contract to the
consumer as required by
section 4.
Absolute cancellation right - points-based contracts
6(1) A points-based contract must contain a provision allowing the
consumer to cancel the contract, without any reason, at any time from
the date the contract is entered into until 10 days after the consumer
receives a copy of the contract.
(2) A points-based contract is cancelled on the giving of a notice of
cancellation in accordance with
section 8.
Exception
7 Sections 5 and 6 do not apply in respect of any contract to which
the Real Estate Act applies.
Method of cancellation
8(1) A consumer who cancels a time share contract or a points-based
contract shall give a written notice of cancellation to the supplier.
(2) A consumer who cancels a contract under
section 5(a), (b), (
c) or
(
d) shall state the reason for the cancellation in the notice of
cancellation.
(3) A notice of cancellation may be sent by any method allowing for
proof of service, including personal service and
(
a) registered mail sent to the most recent business address,
(
b) e-mail sent to the most recent e-mail address, or
(
c) facsimile sent to the most recent facsimile number
as provided by the supplier to the consumer under
section 2(1)(
b) or
(4).
Suppliers' Obligations
Funds to be held in trust
9(1) If a time share contract or a points-based contract provides a
consumer with a time share interest, the supplier shall hold in trust all
funds received from the consumer in consideration for the transfer of
the property until
(
a) the cancellation period provided by
section 37(1) of the Act
section 6(1), whichever is applicable,
(
b) construction of the property is complete, or
(
c) the consumer has a legal right to use or occupy the property,
whichever is latest.
(2) A supplier shall
(
a) within 2 banking days after receiving funds referred to in
subsection (1), deposit the funds into a trust account at a
bank, treasury branch, credit union or trust corporation in
Canada, and
(
b) continue to hold the funds in trust until they are releasable
under subsection (1)(a), (
b) or (c).
(3) Funds held in trust under this
section must not be commingled
with non-trust money.
Inconsistent representations
10 No supplier shall, in respect of a time share contract or a
points-based contract with a consumer, make a representation to the
consumer that differs materially from the contract.
Records
11(1) In addition to the records required to be kept under
section
132(1) of the Act and
section 9 of the General Licensing and Security
Regulation (AR 187/99), every licensee and former licensee shall
create and maintain records of
(
a) every time share contract and every points-based contract
entered into, including cancelled contracts,
(
b) any assessment of the monetary value of a time share interest
sold under any time share contract or points-based contract
entered into by the licensee and, if applicable, the number of
points assigned to the interest,
(
c) all marketing and advertising materials used in relation to a
time share plan, time share contract or points-based contract,
and
(
d) all refunds given to consumers in respect of time share
contracts and points-based contracts.
(2) Records referred to in subsection (1)(
a) to (
d) must be kept for at
least 3 years after they are made.
Obligation of supplier on cancellation
12(1) Within 15 days after a points-based contract is cancelled, the
supplier must refund to the consumer all money paid by the consumer.
(2) If a points-based contract is cancelled after the consumer has
exercised a right or option under the contract, the supplier is entitled to
reasonable compensation for the exercise of the right or option by the
consumer, but the supplier's rights under this
section do not arise until
after the supplier complies with subsection (1).
Part 3
Time Share Business Licence
Application
13 This Part does not apply in respect of the offering, soliciting,
negotiating or concluding of time share contracts or points-based
contracts by an industry member as defined in the Real Estate Act who
is acting in the course of a profession or calling to which that Act
applies.
Classes of licence established
14(1) The following classes of time share business licence are
established:
(
a) Right to Use Licence;
(
b) Personal Property Ownership Licence;
(
c) Real Property Ownership Licence.
(2) Subject to the Act and this Regulation,
(
a) a Right to Use Licence authorizes the holder to engage in the
activities of offering, soliciting, negotiating and concluding
time share contracts and points-based contracts that provide a
consumer with the right to use, occupy or possess real or
personal property but that do not provide the consumer with
an ownership interest in any property,
(
b) a Personal Property Ownership Licence authorizes the holder
to engage in the activities of offering, soliciting, negotiating
and concluding time share contracts and points-based
contracts that provide a consumer with an ownership interest
in personal property but that do not provide the consumer
with any right or interest in respect of real property, and
(
c) a Real Property Ownership Licence authorizes the holder to
engage in the activities of offering, soliciting, negotiating and
concluding time share contracts and points-based contracts
that provide a consumer with an ownership interest in all the
real property that is subject to the time share plan, whether or
not the consumer receives any other interest, right, privilege
or benefit under the contract.
(3) A licensee may hold more than one class of licence.
Application for licence
15 A person may apply for a time share business licence by
submitting to the Director an application in the form approved by the
Director.
Term of licence and renewal
16 Subject to this Regulation, a time share business licence expires at
the end of the last day of the 12th month after it is issued or renewed.
Fee
17 The fee to issue or renew a time share business licence is $200.
Security
18(1) No time share business licence may be issued or renewed unless
the applicant provides security to the Director in the form and amount
approved by the Director.
(2) Before the term of a time share business licence expires, the
Director may, if the Director considers additional security to be
necessary, require the licensee to provide additional security in the
amount specified by the Director.
Representations
19(1) No licensee shall represent, expressly or by implication, that a
time share business licence is an endorsement or approval of the
licensee by the Government of Alberta.
(2) Subsection (1) does not preclude a licensee from representing that
the licensee is licensed under this Regulation.
General Licensing and Security Regulation applies
20 The General Licensing and Security Regulation (AR 187/99)
applies to the time share business.
Part 4
Unfair Practices and Other Offences
Unfair practices
21 It is an unfair practice for a supplier to do any of the following:
(
a) in respect of a time share contract or a points-based contract,
make any false or misleading representation regarding the
contents of the contract, the time share plan, any exchange
program or any interest, right, privilege, benefit or obligation
of a consumer under the contract or the Act or its regulations;
(
b) misrepresent the availability of any prize, gift or other
promotional item or discount offered in connection with a
time share contract or a points-based contract;
(
c) offer, solicit, negotiate or conclude a time share contract if A
exceeds B, where
(
i) A is the combined total amount of time that all
participants in the time share plan are entitled to use,
occupy or possess the time share property in any
one-year period, and
(ii) B is the total amount of time that the time share
property is available for use, occupation or possession
in the one-year period referred to in subclause (i);
(
d) offer, solicit, negotiate or conclude a points-based contract if
A exceeds B, where
(
i) A is the total number of points held by all the time share
plan participants in any one-year period, and
(ii) B is the total number of points required to use, occupy
or possess the time share property for the one-year
period referred to in subclause (i);
(
e) use an asterisk or other reference symbol in marketing or
advertising material as a means of obscuring a material fact
or of contradicting or substantially changing a statement
made in the material;
(
f) offer, negotiate or conclude a time share contract or a
points-based contract that provides a consumer with a right to
use, occupy or possess, or with an ownership interest in, any
real or personal property that is subject to a lease or a
mortgage, lien, charge, money judgment, security interest or
other financial encumbrance, unless the lease or financial
encumbrance is the subject of a non-disturbance clause;
(
g) lease, mortgage, pledge as security or otherwise grant to a
third party any interest, other than a time share interest, in
real or personal property in respect of which a consumer has
an ownership interest or a right of use, occupation or
possession under a time share contract or a points-based
contract, unless the interest and any financial encumbrance
associated with it are the subject of a non-disturbance clause;
(
h) sell or otherwise transfer ownership of any real or personal
property in respect of which a consumer has an ownership
interest or a right of use, occupation or possession under a
time share contract or a points-based contract, unless
(
i) the buyer or other transferee of the property assumes all
of the supplier's obligations to the consumer under the
Act, this Regulation and the contract, or
(ii) the consumer has consented in writing to any terms of
the sale or transfer that provide for a person other than
the buyer or other transferee to assume the supplier's
obligations to the consumer or that provide for the
supplier to retain those obligations;
(
i) fail to discharge a financial encumbrance or lease in
accordance with
section 2(1)(l)(iii);
(
j) invite a consumer to any event, function or location where
sales or promotional activity will occur unless the invitation
and any correspondence regarding it clearly indicates that the
sales or promotional activity will occur.
Offences
22 For the purposes of
section 162 of the Act, a contravention of any
provision of
section 2, 3, 4, 5, 6(1), 9, 10, 11, 12(1) or 19(1) is
designated as an offence.
Vicarious responsibility
23 For the purposes of this Regulation,
an act or omission by an
employee, agent or contractor of a licensee in the course of that
person's employment, agency or contractual relationship is deemed
also to be
an act or omission by the licensee.
Part 5
General
Transitional - existing contracts
24 Notwithstanding
section 28, the Time Share Contracts Regulation
(AR 199/99) continues to apply, and this Regulation does not apply, in
respect of a time share contract or a points-based contract that is
entered into before the coming into force of this Regulation.
Amends AR 187/99
25 The General Licensing and Security Regulation
(AR 187/99) is amended
(
a) in
section 22(1) by repealing clause (
b) and
substituting the following:
(
b) the claim is based on the cancellation of a direct sales
contract under
section 27 or 28 of the Act,
(b.1) the claim is based on the cancellation of a time share
contract or a points-based contract under
section 5 or 6
of the Time Share and Points-based Contracts and
Business Regulation, or
(
b) in
section 23(1) by striking out "and" at the end of
clause (b), adding "and" at the end of clause (
c) and
adding the following after clause (c):
(
d) the claim is not based on the cancellation of a time share
contract or a points-based contract under
section 5 or 6
of the Time Share and Points-based Contracts and
Business Regulation.
Amends AR 81/2001
26 The Internet Sales Contract Regulation (AR 81/2001) is
amended by adding the following before
section 3(q):
(p.1) the activities of offering, soliciting, negotiating or concluding
time share contracts or points-based contracts by a person
who is licensed under the Time Share and Points-based
Contracts and Business Regulation;
Amends AR 56/2002
27 The Travel Clubs Regulation (AR 56/2002) is amended
by repealing
section 1(
c) and substituting the following:
(c) "travel club business" means the business of soliciting,
negotiating, concluding and performing travel club contracts,
but does not include offering, soliciting, negotiating or
concluding points-based contracts pursuant to a licence
issued under the Time Share and Points-based Contracts and
Business Regulation;
Repeal
28 The Time Share Contracts Regulation (AR 199/99) is repealed.
Expiry
29 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on June 30, 2014.
Coming into force
30 This Regulation comes into force on November 1, 2010.
Schedule
Form
Statutory Right to Cancel
The Fair Trading Act and its regulations provide that:
1. A consumer (buyer) may cancel a time share contract or a
points-based contract at any time from the day it is entered into until
10 days after the consumer receives a copy of the contract.
2. In addition, a consumer may cancel the contract at any time within
one year after the day on which the contract is entered into if
section
37(2) of the Fair Trading Act or
section 5 of the Time Share and
Points-based Contracts and Business Regulation applies.
3. To cancel the contract, the consumer must give a written notice of
cancellation to the supplier at the most recent business address, e-mail
address or facsimile number provided by the supplier. If the contract is
being cancelled more than 10 days after it was made, the notice must
state the reason for the cancellation.
4. After the consumer cancels the contract, the supplier has 15 days to
refund the consumer's money.
The Fair Trading Act provides other remedies that may apply in
addition to cancellation.