Alberta Regulation 124/2008

Real Estate Act

REAL ESTATE (MINISTERIAL) AMENDMENT REGULATION

Filed: July 16, 2008

For information only: Made by the Minister of Service Alberta (M.O. SA:010/2008)

on July 15, 2008 pursuant to

section 84(2) of the Real Estate Act.

1 The Real Estate (Ministerial) Regulation (AR 113/96) is

amended by this Regulation.

Section 1 is amended

(

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

(1.1) In the Act and this Regulation, "property manager" means

a real estate broker who is active in property management.

(

b) in subsection (2) by striking out "an agent" wherever

it occurs and substituting "an associate".

Section 8(1) is amended by striking out "section 1(2)(a)(i)"

and substituting "section 1(2)(a)(

i) and (b)(i)".

Section 9 is amended by adding "or claim" after

"judgment".

5 Sections 12 and 13 are repealed and the following is

substituted:

Compensation from Fund

12(1) In this section, "compensation event" means, as determined

by the Council, the transaction or series of transactions, including all

related transactions, for which payment may be made from the fund

under

section 60 or 60.3 of the Act in respect of one or more industry

members for fraud or breach of trust.

(2) The maximum amount of compensation payable from the Fund

under

section 60 or 60.3 of the Act payable to an applicant with

respect to a compensation event is

(

a) with respect to industry members referred to in

section

1(2)(a), $35 000, and

(

b) with respect to industry members referred to in

section

1(2)(b), $25 000.

(3) The maximum amount of compensation payable from the Fund

under

section 60 or 60.3 of the Act payable to all applicants for a

compensation event is

(

a) with respect to industry members identified in

section

1(2)(a), $350 000, and

(

b) with respect to industry members identified in

section

1(2)(b), $100 000.

(4) If subsection (3) operates to limit the amount that would

otherwise be paid to an applicant under subsection (2), each

applicant shall receive a proportionate share of the amount that

would be paid but for the operation of subsection (3).

(5) The Council shall determine that payments from the Fund arise

from a single compensation event if payments arise from

(

a) the same real estate trade, project or development, or

(

b) the same mortgage deal, project or development.

6 Sections 16 and 17 are repealed and the following is

substituted:

Part 3

Nomination of Real Estate Appraiser

and Property Manager Council

Members

Application

16 This Part applies to the nomination of a real estate appraiser and

a property manager for appointment to Council.

Request for recommendations

17(1) The executive director shall make a request for

recommendations for appointment to Council by sending a

recommendation form to each industry member who is a real estate

appraiser or a property manager.

(2) The form must be sent at least 90 days prior to the expiry of the

term of office.

(3) The form may be sent to the last known electronic address for

the industry member in the Council's records.

Recommendations

18(1) Two real estate appraisers may recommend a real estate

appraiser for nomination.

(2) Two property managers may recommend a property manager for

nomination.

(3) A person cannot recommend himself or herself.

Submission of recommendations

19(1) A recommendation form must

(

a) be completed in the form and manner required by the

executive director,

(

b) be signed by the individuals making the recommendation,

(

c) be signed by the person being recommended, and

(

d) include an explanation of the recommended person's

qualifications.

(2) The recommendation form must be received by the executive

director within the time specified by the executive director.

(3) The executive director may, in extenuating circumstances,

extend the time in subsection (2).

Committee and nominations

20(1) The Council shall establish a committee to nominate

individuals for appointment to the Council for the purpose of

section

6(1)(

f) of the Act.

(2) The majority of the committee members must be present or past

Council members.

(3) If recommendation forms have been completed and received in

accordance with

section 19, the committee must nominate

individuals who have been recommended.

(4) If a vacancy occurs, subsection (3) does not apply.

Part 4

Other Matters

Refusing to investigate complaint or discontinuing investigation

21 The executive director may take any action permitted under

section 38.1 of the Act with respect to the investigation of a

complaint if

(

a) the industry member complained of is not clearly identified,

(

b) the conduct complained of is not a breach of the Act,

regulations, rules or bylaws or there is insufficient evidence

of a breach of the Act, regulations, rules or bylaws,

(

c) the conduct complained of was the subject of a prior

complaint,

(

d) the complaint is frivolous or vexatious,

(

e) the breach complained of is minor in nature and an advisory

note is sent to the industry member complained of,

(

f) the complainant fails or refuses to cooperate with an

investigator, or

(

g) the complainant asks not to proceed with the complaint.

Depositing trust account money

22 Subject to and for the purposes of

section 25(1) of the Act,

money received in trust must be deposited within

(a) 3 business days of receipt, or

(

b) in the case of money received in trust for an offer to

purchase, 3 days of the acceptance of the offer to purchase.

Service of documents

23 For the purpose of

section 77(2)(

c) of the Act, service of a

document is effected when it is

(

a) served on the person,

(

b) left at the person's primary residence with a person who

appears to be 16 years of age or older,

(

c) mailed to the person's primary residence by a method that

provides confirmation of delivery, or

(

d) sent by a telecopier or electronic device to be received and

printed by a receiving telecopier or electronic device that is

situated at the person's primary residence.

Winding up

24 If the Fund is wound up, the Fund must

(

a) first, be used to pay all costs incurred in the winding-up of

the Fund,

(

b) second, be used to discharge all liabilities of the Fund, and

(

c) third, be disposed of in accordance with an order of the

Lieutenant Governor in Council.

Administrative penalties maximum

25 For the purposes of

section 11(

l) of the Act, the maximum

administrative penalty that may be prescribed is $25 000.

Expiry

26 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, 2018.

7 This Regulation comes into force on the coming into

force of the Real Estate Amendment Act, 2007, SA 2007 c39.

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

Alberta Regulation 125/2008

Marketing of Agricultural Products Act

ALBERTA MILK MARKETING AMENDMENT REGULATION

Filed: July 16, 2008

For information only: Made by Alberta Milk on June 25, 2008 pursuant to sections

26 and 27 of the Marketing of Agricultural Products Act and approved by the

Agricultural Products Marketing Council on June 27, 2008 pursuant to sections 26

and 27 of the Marketing of Agricultural Products Act.

1 The Alberta Milk Marketing Regulation (AR 151/2002) is

amended by this Regulation.

Section 1(1) is amended

(

a) by renumbering clause (

a) as clause (a.2) and

adding the following before clause (a.2):

(a) "Bacteria Grade" means the grade of a producer's milk

determined under sections 30 and 30.1;

(a.1) "Canadian Quality Milk Program" means the on-farm

food safety program known as the Canadian Quality

Milk Program as recognized or varied from time to time

by the Canadian Food Inspection Agency;

(

b) by repealing clause (

i) and substituting the

following:

(i) "dairy year" means the 12-month period as set by

Alberta Milk;

(

c) by repealing clause (p);

(

d) by adding the following before clause (r):

(q.1) "Freezing Point Grade" means the grade of a producer's

milk determined under sections 30 and 30.12;

(

e) by repealing clause (u);

(

f) in clause (aa) by striking out "market share quota"

wherever it occurs and substituting "total production

quota";

(

g) by adding the following after clause (aa):

(aa.01) "Somatic Cell Grade" means the grade of a producer's

milk determined under sections 30 and 30.11;

(aa.02) "total production quota" means the number of kilograms

of milk fat for a dairy year allotted by Alberta Milk

pursuant to this Regulation to a producer as the

producer's share of the provincial entitlement.

(

h) by repealing clause (aa.1).

Section 6 is amended by adding the following after

subsection (5):

(6) Effective August 1, 2009, Alberta Milk must be satisfied that a

producer has met the qualifications of and has registered with the

Canadian Quality Milk Program before issuing a licence to the

producer.

(7) When the applicant for a licence has not previously been

licensed as a producer, Alberta Milk may grant a licence to the

applicant for a period not exceeding 6 months to enable the applicant

to meet the qualifications of and register with the Canadian Quality

Milk Program.

(8) A licence granted under subsection (7) expires on the earlier of

(

a) the end of the period specified by Alberta Milk in the licence,

and

(

b) the date on which the person meets the qualifications of and

registers with the Canadian Quality Milk Program and

Alberta Milk issues a producer licence to the person.

Section 7 is amended

(

a) in subsection (2) by striking out "or" at the end of

clause (e), adding "or" at the end of clause (

f) and

adding the following after clause (f):

(

g) a producer has failed to meet the qualifications of and

register with the Canadian Quality Milk Program by

August 1, 2009.

(

b) by repealing subsection (2.1)(

c) and (

d) and

substituting the following:

(

c) Bacteria Grade 6,

(

d) Somatic Cell Grade 6,

(

e) Freezing Point Grade 6,

(

f) Bacteria Grade 7,

(

g) Somatic Cell Grade 7, or

(

h) Freezing Point Grade 7.

(

c) in subsection (2.2) by striking out "or" at the end of

clause (a), by repealing clause (

b) and substituting

the following:

(

b) Bacteria Grade 8,

(

c) Somatic Cell Grade 8, or

(

d) Freezing Point Grade 8.

(

d) by adding the following after subsection (2.2):

(2.3) Alberta Milk may cancel a processor's licence if the

processor ceases processing milk or dairy products for a period

of 6 consecutive months.

Section 10(2)(

a) is repealed and the following is

substituted:

(

a) for marketing and nutrition education $1.29 for each

hectolitre;

6 Sections 13 and 14 are repealed.

Section 15 is amended by striking out "market share quota"

wherever it occurs and substituting "total production quota".

8 The following is added after

section 15:

Transition of quotas

15.1 Effective August 1, 2008, all market share quotas and fluid

milk quotas will, in accordance with the directives and

administrative orders of Alberta Milk, be converted to total

production quotas.

Section 16 is amended by striking out "market share quota"

wherever it occurs and substituting "total production quota".

Section 17 is amended by striking out "14 or".

Section 18 is amended

(

a) in subsection (1) by striking out "sections 14 and 16"

and substituting "section 16";

(

b) in subsection (3) by striking out "14,".

Section 19(1) is amended

(

a) by repealing clause (b);

(

b) in clause (

c) by striking out "market share quota" and

substituting "total production quota".

Section 20 is amended

(

a) in subsection (4) by striking out "market share quota"

wherever it occurs and substituting "total production

quota";

(

b) by repealing subsection (5).

Section 22(3) is amended by adding "or within any other

time frame set by a directive or administrative order of Alberta Milk"

after "supplied by Alberta Milk".

Section 23 is amended

(

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

(1.1) A meter owned by a processor must be calibrated in

accordance with the directives and administrative orders of

Alberta Milk to ensure accurate measurement of the volume of

milk.

(

b) in subsection (2) by adding "producer" before

"payment";

(

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

(3) The volume measured in a bulk milk tank calibrated in

accordance with subsection (1) by a bulk milk grader pursuant to

the Dairy Industry Act or calibrated by a meter owned by the

processor in accordance with subsection (1.1) is the volume on

which processor payment is based.

Section 24(3) is amended by adding "that" after

"obligation to direct".

Section 27(1) is amended by adding "in accordance with

subsection (2)" after "classified".

Section 27(2) is amended

(

a) in clause (a)

(

i) in subclause (i)

(

A) by repealing paragraph (

A) and

substituting the following:

(

A) standard milk, partly skimmed or skimmed

milk, whether or not the milk is treated for

lactose intolerance, is flavoured or has had

vitamins or minerals added to the milk;

(

B) by repealing paragraph (

E) and

substituting the following:

(

E) all types of milkshake mixes;

(ii) by repealing subclause (ii) and substituting the

following:

(ii) sub-class 1b(

i) milk, which means all types of

cream with a butterfat content of not less than 5%

for retail and food service;

(

b) in clause (b)(iv)

(

i) by striking out "meal replacements,";

(ii) by striking out "infant formula,";

(

c) by repealing clause (d)(ii) and substituting the

following:

(ii) sub-class 4a1 milk, which means milk components used

pursuant to an authorization by Alberta Milk for the

manufacture of rennet casein (dry or curd), milk protein

concentrate (dry or liquid) or skim milk (dry or liquid)

to be used in the manufacture of non-standardized final

products in the processed cheese category or in weight

or muscle gain formulations, meal replacement

products, medical and sports recovery beverages and

infant food formulations destined for retail sale;

Section 28 is amended

(

a) in subsection (1) by striking out "orders of the Alberta

Utilities Commission and" and substituting "the";

(

b) by repealing subsection (2).

Section 30 is amended

(

a) in subsection (3) by striking out "Quality Grade" and

substituting "Bacteria Grade, Somatic Cell Grade and

Freezing Point Grade";

(

b) in subsection (5) by striking out "Quality Grade" and

substituting "Bacteria Grade, Somatic Cell Grade,

Freezing Point Grade";

(

c) by repealing subsection (6) and substituting the

following:

(6) For the purpose of determining the grades of a producer's

milk,

(

a) a bacteria infraction has occurred

(

i) if the average of test results of samples referred to

in subsection (5)(

a) that were taken in a month and

tested for bacteria indicate that the producer's milk

does not meet the requirements of

Schedule 2 with

respect to bacteria, or

(ii) each time a test of a sample referred to in

subsection (5) indicates that the producer's milk

does not meet the requirements of

Schedule 2 with

respect to total living mesophyllic aerobic bacteria

count,

(

b) a somatic cell infraction has occurred

(

i) if the average of test results of samples referred to

in subsection (5)(

a) that were taken in a month and

tested for somatic cells indicate that the producer's

milk does not meet the requirements of

Schedule 2

with respect to somatic cells, or

(ii) each time a test of a sample referred to in

subsection (5)(

b) indicates that the producer's milk

does not meet the requirements of

Schedule 2 with

respect to somatic cells,

and

(

c) a freezing point infraction has occurred if

(

i) there are 2 or more test results in a month of

samples referred to in subsection (5)(

a) that

indicates that the producer's milk does not meet

the requirements of

Schedule 2 with respect to

freezing point, or

(ii) each time a test of a sample referred to in

subsection (5)(

b) indicates that the producer's milk

does not meet the requirements of

Schedule 2 with

respect to freezing point.

Section 30.1 is repealed and the following is

substituted:

Bacteria Grade

30.1(1) The Bacteria Grade of a producer's milk for a particular

month is Grade 1 if any of the following apply:

(

a) there is no bacteria infraction that month;

(

b) there is a bacteria infraction that month and there were no

other bacteria infractions in the preceding 11 months.

(2) The Bacteria Grade of a producer's milk for a particular month

is Grade 2 if there is a bacteria infraction during that month and

one other bacteria infraction in the preceding 11 months.

(3) The Bacteria Grade of a producer's milk for a particular month

is Grade 3 if there is a bacteria infraction during that month and 2

other bacteria infractions in the preceding 11 months.

(4) The Bacteria Grade of a producer's milk for a particular month

is Grade 4 if there is a bacteria infraction during that month and 3

other bacteria infractions in the preceding 11 months.

(5) The Bacteria Grade of a producer's milk for a particular month

is Grade 5 if there is a bacteria infraction during that month and 4

other bacteria infractions in the preceding 11 months.

(6) The Bacteria Grade of a producer's milk for a particular month

is Grade 6 if there is a bacteria infraction during that month and 5

other bacteria infractions in the preceding 11 months.

(7) The Bacteria Grade of a producer's milk for a particular month

is Grade 7 if

(

a) there is a bacteria infraction during that month and 6 other

bacteria infractions in the preceding 11 months, or

(

b) there is a bacteria infraction during that month and in the 180

days preceding the bacteria infraction that occurred during

that month the producer's licence was reinstated under

section 7.1 after being suspended under

section 7(2.1)(c).

(8) The Bacteria Grade of a producer's milk for a particular month

is Grade 8 if

(

a) there is a bacteria infraction during that month and 7 other

bacteria infractions in the preceding 11 months, or

(

b) there is a bacteria infraction during that month and in the 180

days preceding the bacteria infraction that occurred during

that month the producer's licence was reinstated under

section 7.1 after being suspended under

section 7(2.1)(f).

Somatic Cell Grade

30.11(1) The Somatic Cell Grade of a producer's milk for a

particular month is Grade 1 if any of the following apply:

(

a) there is no somatic cell infraction that month;

(

b) there is a somatic cell infraction that month and there were

no other somatic cell infractions in the preceding 11 months.

(2) The Somatic Cell Grade of a producer's milk for a particular

month is Grade 2 if there is a somatic cell infraction during that

month and one other somatic cell infraction in the preceding 11

months.

(3) The Somatic Cell Grade of a producer's milk for a particular

month is Grade 3 if there is a somatic cell infraction during that

month and 2 other somatic cell infractions in the preceding 11

months.

(4) The Somatic Cell Grade of a producer's milk for a particular

month is Grade 4 if there is a somatic cell infraction during that

month and 3 other somatic cell infractions in the preceding 11

months.

(5) The Somatic Cell Grade of a producer's milk for a particular

month is Grade 5 if there is a somatic cell infraction during that

month and 4 other somatic cell infractions in the preceding 11

months.

(6) The Somatic Cell Grade of a producer's milk for a particular

month is Grade 6 if there is a somatic cell infraction during that

month and 5 other somatic cell infractions in the preceding 11

months.

(7) The Somatic Cell Grade of a producer's milk for a particular

month is Grade 7 if

(

a) there is a somatic cell infraction during that month and 6

other somatic cell infractions in the preceding 11 months, or

(

b) there is a somatic cell infraction during that month and in the

180 days preceding the somatic cell infraction that occurred

during that month the producer's licence was reinstated under

section 7.1 after being suspended under

section 7(2.1)(d).

(8) The Somatic Cell Grade of a producer's milk for a particular

month is Grade 8 if

(

a) there is a somatic cell infraction during that month and 7

other somatic cell infractions in the preceding 11 months, or

(

b) there is a somatic cell infraction during that month and in the

180 days preceding the somatic cell infraction that occurred

during that month the producer's licence was reinstated under

section 7.1 after being suspended under

section 7(2.1)(g).

Freezing Point Grade

30.12(1) The Freezing Point Grade of a producer's milk for a

particular month is Grade 1 if there is no freezing point infraction

that month.

(2) The Freezing Point Grade of a producer's milk for a particular

month is Grade 2 if there is a freezing point infraction during that

month and no other freezing point infractions in the preceding 11

months.

(3) The Freezing Point Grade of a producer's milk for a particular

month is Grade 3 if there is a freezing point infraction during that

month and one other freezing point infraction in the preceding 11

months.

(4) The Freezing Point Grade of a producer's milk for a particular

month is Grade 4 if there is a freezing point infraction during that

month and 2 other freezing point infractions in the preceding 11

months.

(5) The Freezing Point Grade of a producer's milk for a particular

month is Grade 5 if there is a freezing point infraction during that

month and 3 other freezing point infractions in the preceding 11

months.

(6) The Freezing Point Grade of a producer's milk for a particular

month is Grade 6 if there is a freezing point infraction during that

month and 4 other freezing point infractions in the preceding 11

months.

(7) The Freezing Point Grade of a producer's milk for a particular

month is Grade 7 if

(

a) there is a freezing point infraction during that month and 5

other freezing point infractions in the preceding 11 months,

(

b) there is a freezing point infraction during that month and in

the 180 days preceding the freezing point infraction that

occurred during that month the producer's licence was

reinstated under

section 7.1 after being suspended under

section 7(2.1)(e).

(8) The Freezing Point Grade of a producer's milk for a particular

month is Grade 8 if

(

a) there is a freezing point infraction during that month and 6

other freezing point infractions in the preceding 11 months,

(

b) there is a freezing point infraction during that month and in

the 180 days preceding the freezing point infraction that

occurred during that month the producer's licence was

reinstated under

section 7.1 after being suspended under

section 7(2.1)(h).

Section 30.2 is amended

(

a) in subsection (6)(

b) by striking out "or (c)";

(

b) in subsection (7)(

b) by striking out "or (d)".

23 The following is added after

section 30.2:

Waiving of infraction

30.3 Notwithstanding sections 30, 30.1, 30.11, 30.12 and 30.2,

Alberta Milk may waive the test results of a bacteria, somatic cell,

freezing point or inhibitor test if Alberta Milk is satisfied that the

test results are not representative of the producer's milk,

considering any factors Alberta Milk reasonably considers

relevant, including the following:

(

a) public interest in good quality milk supply;

(

b) reasonable requirements of manufacturers and processors;

(

c) effects of the contravention on other milk producers;

(

d) any special circumstances of the contravention or the

producer;

(

e) any measures taken by the producer to prevent further

contraventions.

Section 31 is amended

(

a) by repealing subsection (1) and substituting the

following:

Price adjustment

31(1) Subject to subsections (2) and (4), Alberta Milk must

reduce the price payable to a producer for regulated product for

the month in which an infraction described in

section 30 occurs

by the amount set out for the Bacteria Grade, Somatic Cell

Grade and Freezing Point Grade of the producer's milk in

clauses (

a) to (

o) and by the amount set out for the Inhibitor

Grade of the producer's milk in clauses (

p) to (

s) as follows:

(

a) Bacteria Grade 1: 0% off of the producer's gross

producer returns;

(

b) Somatic Cell Grade 1: 0% off of the producer's gross

producer returns;

(

c) Freezing Point Grade 1: 0% off of the producer's gross

producer returns;

(

d) Bacteria Grade 2: 2% off the gross producer returns;

(

e) Somatic Cell Grade 2: 2% off the gross producer

returns;

(

f) Freezing Point Grade 2: 2% off the gross producer

returns;

(

g) Bacteria Grade 3: 4% off the gross producer returns;

(

h) Somatic Cell Grade 3: 4% off the gross producer

returns;

(

i) Freezing Point Grade 3: 4% off the gross producer

returns;

(

j) Bacteria Grade 4: 8% off the gross producer returns;

(

k) Somatic Cell Grade 4: 8% off the gross producer

returns;

(

l) Freezing Point Grade 4: 8% off the gross producer

returns;

(

m) Bacteria Grades 5 to 8: 15% off the gross producer

returns;

(

n) Somatic Cell Grades 5 to 8: 15% off the gross producer

returns;

(

o) Freezing Point Grades 5 to 8: 15% off the gross

producer returns;

(

p) Inhibitor Grade 1: 0% off the gross producer returns;

(

q) Inhibitor Grade 2: 5% off the gross producer returns;

(

r) Inhibitor Grade 3: 10% off the gross producer returns;

(

s) Inhibitor Grades 4 to 7: 15% off the gross producer

returns.

(

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

(2.01) Subject to subsection (2), the maximum total reduction

that may be made for any month is the sum of all of the

deductions for Bacteria Grade, Somatic Cell Grade, Freezing

Point Grade and Inhibitor Grade.

Section 35(1) is amended by striking out "orders of the

Alberta Utilities Commission and" and substituting "the".

Section 42(1) is amended by striking out "or by the

Alberta Utilities Commission".

Section 44 is amended by adding "without the prior

approval of Alberta Milk," after "no person shall,".

Section 48 is amended by striking out "February 28, 2009"

and substituting "February 28, 2014".

29 This Regulation comes into force on August 1, 2008.

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

Alberta Regulation 126/2008

Apprenticeship and Industry Training Act

APPRENTICESHIP AND INDUSTRY TRAINING ADMINISTRATION

AMENDMENT REGULATION

Filed: July 17, 2008

For information only: Made by the Minister of Advanced Education and Technology

on July 10, 2008 pursuant to

section 33(1) of the Apprenticeship and Industry

Training Act.

1 The Apprenticeship and Industry Training

Administration Regulation (AR 257/2000) is amended by

this Regulation.

Section 33 is amended by striking out "October 31, 2008"

and substituting "March 31, 2009".

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

Alberta Regulation 127/2008

Apprenticeship and Industry Training Act

APPRENTICESHIP PROGRAM AMENDMENT REGULATION

Filed: July 17, 2008

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 27, 2008 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Advanced Education and Technology

on July 10, 2008 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act.

1 The Apprenticeship Program Regulation (AR 258/2000) is

amended by this Regulation.

Section 21 is amended by striking out "October 31, 2008"

and substituting "March 31, 2009".

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

Alberta Regulation 128/2008

Marketing of Agricultural Products Act

ALBERTA MILK PLAN MINIMUM PRICE FOR SUB-CLASS 1A

MILK ORDER

Filed: July 17, 2008

For information only: Made by the Alberta Utilities Commission on July 15, 2008

pursuant to

section 5(4) of the Alberta Milk Plan Regulation (AR 150/2002).

Minimum price for sub-class 1a milk

1 The minimum price for sub-class 1a milk to be paid by processors

for a hectolitre of sub-class 1a milk is $86.31.

Repeal

2 The Alberta Milk Plan Minimum Price for Sub-class 1a Milk Order

(AR 56/2008) is repealed.

Coming into force

3 This Order comes into force on August 1, 2008.

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

Alberta Regulation 129/2008

Municipal Government Act

MUNICIPAL GAS SYSTEMS CORE MARKET AMENDMENT REGULATION

Filed: July 22, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 343/2008)

on July 21, 2008 pursuant to

section 31 of the Municipal Government Act.

1 The Municipal Gas Systems Core Market Regulation

(AR 93/2001) is amended by this Regulation.

Section 10 is amended by striking out "2008" and

substituting "2013".

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

Alberta Regulation 130/2008

Municipal Government Act

BEAVER RIVER REGIONAL WASTE MANAGEMENT COMMISSION

AMENDMENT REGULATION

Filed: July 22, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 346/2008)

on July 21, 2008 pursuant to

section 602.02 of the Municipal Government Act.

1 The Beaver River Regional Waste Management

Commission Regulation (AR 51/2003) is amended by this

Regulation.

Section 2(

d) is repealed.

Alberta Regulation 131/2008

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED GENERAL

AMENDMENT REGULATION

Filed: July 22, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 350/2008)

on July 21, 2008 pursuant to

section 12 of the Assured Income for the Severely

Handicapped Act.

1 The Assured Income for the Severely Handicapped

General Regulation (AR 91/2007) is amended by this

Regulation.

Section 1(4) of

Schedule 1 is amended

(

a) in clause (a)(ii) by striking out "$700" and

substituting "$950";

(

b) in clause (b)(ii) by striking out "$1488" and

substituting "$1738".

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

Alberta Regulation 132/2008

Real Estate Act

EXEMPTION AMENDMENT REGULATION

Filed: July 22, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 352/2008)

on July 21, 2008 pursuant to

section 84 of the Real Estate Act.

1 The Exemption Regulation (AR 111/96) is amended by

this Regulation.

2 The title is amended by adding "REAL ESTATE" before

"EXEMPTION".

Section 2 is amended

(

a) in subsection (2) by repealing clauses (b), (c), (

d) and (e);

(

b) in subsection (3) by repealing clause (a).

Section 3 is amended by striking out "2009" and

substituting "2018".

5 This Regulation comes into force on the coming into

force of the Real Estate Amendment Act, 2007, SA 2007 c39.

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

Alberta Regulation 133/2008

Health Professions Act

CONSULTATION REGULATION

Filed: July 22, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 354/2008)

on July 21, 2008 pursuant to

section 134 of the Health Professions Act.

Table of Contents

Definitions

2 Requirements of consultation

3 Expedited recommendation

4 Consideration of input

5 Validity of order or regulation

6 Expiry

7 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Health Professions Act;

(b) "affected college" means a college with which the Minister is

required to consult in accordance with this Regulation before

making a recommendation to the Lieutenant Governor in

Council under

section 135.1(1), 135.2(1), 135.3 or 135.4(8)

of the Act.

Requirements of consultation

2(1) Before the Minister makes a recommendation to the Lieutenant

Governor in Council under

section 135.1(1), 135.2(1), 135.3 or

135.4(8) of the Act in respect of an affected college, the Minister must

send to the president of the affected college a written notice

(

a) advising the affected college of the purpose for which the

Minister is making the recommendation,

(

b) inviting the affected college to provide the Minister with

input as to the substance and form of the recommendation,

and

(

c) specifying the time in which the affected college must

provide its input to the Minister, which must not be less than

30 days from the date the Minister sends the notice.

(2) If the affected college has not provided input to the Minister before

the expiry of the period specified by the Minister under subsection

(1)(c), the consultation requirement in

section 135.1(1), 135.2(1),

135.3 or 135.4(8), as the case may be, of the Act is nevertheless

deemed to have been satisfied.

Expedited recommendation

3 Despite

section 2, if the Minister considers it necessary to make a

recommendation to the Lieutenant Governor in Council on an

expedited basis to address a matter of patient safety, quality of care,

public interest or critical workforce shortage, the Minister may consult

with the affected college in such a manner as the Minister considers

reasonable and practicable in the circumstances.

Consideration of input

4 The Minister must consider, but is not bound by, the input of the

affected college.

Validity of order or regulation

5 If there has been substantial compliance with this Regulation, an

order under

section 135.1(1), 135.2(1) or 135.4(3) or (5) of the Act or a

regulation under

section 135.3 or 135.4(1) of the Act is not invalid

because of a technical irregularity.

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 March 31, 2018.

Coming into force

7 This Regulation comes into force on the coming into force of

section 1(33) and (34) of the Health Professions Statutes Amendment

Act, 2007.

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

Alberta Regulation 134/2008

Medical Profession Act

CONSULTATION REGULATION

Filed: July 22, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 355/2008)

on July 21, 2008 pursuant to

section 108 of the Medical Profession Act.

Table of Contents

1 Definition

2 Requirements of consultation

3 Expedited recommendation

4 Consideration of input

5 Validity of order or regulation

6 Expiry

7 Coming into force

Definition

1 In this Regulation, "Act" means the Medical Profession Act.

Requirements of consultation

2(1) Before the Minister makes a recommendation to the Lieutenant

Governor in Council under

section 108(1) or 109(1) of the Act, the

Minister must send to the president of the council a written notice

(

a) advising the College of the purpose for which the Minister is

making the recommendation,

(

b) inviting the College to provide the Minister with input as to

the substance and form of the recommendation, and

(

c) specifying the time in which the College must provide its

input to the Minister, which must not be less than 30 days

from the date the Minister sends the notice.

(2) If the College has not provided input to the Minister before the

expiry of the period specified by the Minister under subsection (1)(c),

the consultation requirement in

section 108(1) or 109(1), as the case

may be, of the Act is nevertheless deemed to have been satisfied.

Expedited recommendation

3 Despite

section 2, if the Minister considers it necessary to make a

recommendation to the Lieutenant Governor in Council on an

expedited basis to address a matter of patient safety, quality of care,

public interest or critical workforce shortage, the Minister may consult

with the College in such a manner as the Minister considers reasonable

and practicable in the circumstances.

Consideration of input

4 The Minister must consider, but is not bound by, the input of the

College.

Validity of order or regulation

5 If there has been substantial compliance with this Regulation, an

order under

section 108(1) of the Act or a regulation under

section

109(1) of the Act is not invalid because of a technical irregularity.

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 March 31, 2018.

Coming into force

7 This Regulation comes into force on the coming into force of

section 2 of the Health Professions Statutes Amendment Act, 2007.

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

Alberta Regulation 135/2008

Public Health Act

BODIES OF DECEASED PERSONS REGULATION

Filed: July 22, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 356/2008)

on July 21, 2008 pursuant to

section 66 of the Public Health Act.

Table of Contents

Definitions

2 Routine handling of all bodies

3 Routine handling of bodies not known to be infected with specified

communicable disease

4 Handling of bodies infected with

Schedule 2 communicable disease

5 Handling of bodies infected with

Schedule 1 communicable disease

6 Labels

7 Disinterment

8 Waiver or mitigation of the application of this Regulation

9 Repeal

10 Expiry

11 Coming into force

Schedules

Definitions

1 In this Regulation,

(a) "body" means a dead human body or the remains of a dead

human body;

(b) "common carrier" means a railcar, boat, aircraft, motor

vehicle or other conveyance used for the transportation of

goods for the payment of a fee, but does not include a vehicle

owned or operated by a funeral director;

(c) "container" means a hermetically sealed container, casket or

impervious body bag;

(d) "disposition" means the burial, cremation or other disposition

of a body authorized under the Cemeteries Act;

(e) "funeral director" means a person who holds a funeral

director licence under

section 19 of the General Regulation

(AR 226/98);

(f) "handling" means, with respect to a body, the examination,

preparation, transportation or disposition of the body;

(g) "hermetically sealed container" means a container that is

sealed by welding, soldering or the use of gaskets and

suitable screws and is used to enclose a body;

(h) "label" means an impermeable card that is attached

(

i) to a body, and

(ii) to a container;

(i) "responsible person" means any person who, in the course of

carrying out the responsibilities of that person's occupation,

is involved in or is supervising the handling of a body;

(j) "specified communicable disease" means a communicable

disease specified in

Schedule 1 or 2.

Routine handling of all bodies

2 A responsible person in respect of a body must

(

a) comply with the practices set out in

Schedule 3,

(

b) to the extent of his or her professional knowledge and

responsibilities, provide any relevant information regarding

the safe handling of a body to a subsequent responsible

person or other person handling the body, if applicable, and

(

c) make relevant inquiries of the previous responsible person, if

applicable.

Routine handling of bodies not known to be infected with specified

communicable disease

3(1) This

section applies in addition to

section 2 in respect of the

handling of bodies that are not known to be infected with a specified

communicable disease.

(2) A responsible person in respect of a body referred to in subsection

(1) must ensure that the body is enclosed in a container as soon as

practically possible after the time of death.

(3) The container used under subsection (2) must be suitable to the

condition of the body to contain all body fluids.

(4) The body may be removed from a container in which it is

transported when it has reached the funeral home or place where it will

be prepared for disposition.

Handling of bodies infected with

Schedule 2 communicable disease

4(1) This

section applies in addition to sections 2 and 3 in respect of

the handling of bodies that are infected with a communicable disease

specified in

Schedule 2.

(2) A responsible person in respect of a body referred to in subsection

(1) must ensure that

(

a) the body and the container in which the body is placed are

labelled in accordance with

section 6,

(

b) the body is transported by a common carrier or a vehicle

owned or operated by a funeral director, and

(

c) the common carrier or vehicle in which the body is

transported is cleaned and disinfected in accordance with

Schedule 3 after transport of the body.

Handling of bodies infected with

Schedule 1 communicable disease

5(1) This

section applies in addition to

section 2 in respect of the

handling of bodies that are infected with a communicable disease

specified in

Schedule 1.

(2) A responsible person in respect of a body referred to in subsection

(1) must ensure that

(

a) the body is not embalmed,

(

b) contact with the body is as limited as practically possible,

(

c) the body is enclosed in a hermetically sealed container as

soon as practically possible after the time of death,

(

d) the body and the hermetically sealed container are labelled in

accordance with

section 6,

(

e) the body is transported by a common carrier or a vehicle

owned or operated by a funeral director,

(

f) the common carrier or vehicle in which the body is

transported is cleaned and disinfected in accordance with

Schedule 3 after transport of the body, and

(

g) the body is interred or cremated in the hermetically sealed

container.

(3) Despite subsection (2)(b), bodies infected with infectious

pulmonary tuberculosis, rabies and suspect, probable or confirmed

cases of transmissible spongiform encephalopathies, including classic

and variant Creutzfeldt-Jakob disease, may be viewed prior to

disposition.

Labels

6(1) Where a person dies with a specified communicable disease, a

responsible person must ensure as soon as practically possible that

there are attached to the body, and to the head end of the container, the

following labels:

(

a) for bodies infected with a disease specified in

Schedule 1, a

label bearing the following words in prominent legible

letters:

This body is infected with a communicable disease

specified in

Schedule 1 to the Bodies of Deceased

Persons Regulation and must be handled in accordance

with that Regulation. Do not remove this label and do

not open the hermetically sealed container.

(

b) for bodies infected with a disease specified in

Schedule 2, a

label bearing the following words in prominent legible

letters:

This body is infected with a communicable disease

specified in

Schedule 2 to the Bodies of Deceased

Persons Regulation and must be handled in accordance

with that Regulation. Do not remove this label.

(2) Labels attached in accordance with this

section must not be

removed.

Disinterment

7(1) Where a body is disinterred and the body is to be transported by

common carrier, a responsible person must ensure that the body is

enclosed in a hermetically sealed container before delivering the body

to the common carrier.

(2) Where a body is disinterred and the body is to be transported other

than by a common carrier, a responsible person must ensure that

(

a) the body is enclosed in a container that contains all body

fluids, and

(

b) the container is sealed prior to transportation.

(3) Where a body is to be disinterred and the body is known to be

infected with a specified communicable disease, a responsible person

must ensure

(

a) that, prior to the disinterment, a medical officer of health is

notified by telephone, electronic mail or facsimile of the

disinterment and the infection with a specified communicable

disease,

(

b) that appropriate labels are attached in accordance with

section 6 before the body is transported, and

(

c) that the directions, if any, of the medical officer of health are

followed.

Waiver or mitigation of the application of this Regulation

8 The application of any provision of this Regulation may be waived

or mitigated by a medical officer of health if

(

a) in the opinion of the medical officer of health, no increased

risk to the public health will result, and

(

b) the conditions placed on the waiver or mitigation by the

medical officer of health, if any, are complied with.

Repeal

9 The Bodies of Deceased Persons Regulation (AR 14/2001) is

repealed.

Expiry

10 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 August 31, 2017.

Coming into force

11 This Regulation comes into force on September 1, 2008.

Schedule 1

Communicable Diseases with Very High

Risk of Transmission

The tissue and body fluids of the body carry a very high risk of

transmitting infection and therefore require additional

precautions as set out in the Bodies of Deceased Persons

Regulation.

anthrax

plague

smallpox

infectious pulmonary tuberculosis

rabies

yellow fever

suspect, probable and confirmed cases of transmissible

spongiform encephalopathies, including classic and variant

Creutzfeldt-Jakob disease

viral hemorrhagic fevers

Schedule 2

Communicable Diseases with High Risk

of Transmission

The tissue and body fluids of the body may still be capable of

transmitting infection and therefore require additional

precautions as set out in the Bodies of Deceased Persons

Regulation.

acquired immunodeficiency syndrome (AIDS)

hepatitis B

hepatitis C

human immunodeficiency virus infections (HIV)

invasive group A streptococcal infection

typhus

Schedule 3

Required Practices for the Routine

Handling of all Deceased Bodies

Hand hygiene

Hands must be washed in all of the following cases:

(

a) after contact with a body, blood, body fluids, secretions or

excretions;

(

b) after handling items known or considered likely to be

contaminated with blood, body fluids, secretions or

excretions;

(

c) immediately after removing gloves;

(

d) before handling any food;

(

e) before leaving work for the day.

The following steps must be followed for hand washing:

(

a) remove jewellery;

(

b) lather with soap and, using friction, cover all surfaces of the

hands and fingers for a minimum of 10 seconds;

(

c) rinse under warm running water;

(

d) dry hands with a single use towel;

(

e) turn off faucet without recontaminating hands.

Waterless antiseptic hand hygiene products may be used as an

alternative to soap and water if hands are not visibly soiled. When

there is visible soiling, hands must be washed with soap and water. If

soap and water are unavailable, hands must be cleansed with detergent-

containing towelettes with a 60% alcohol concentration.

Wearing gloves

Clean, non-sterile gloves that are made of or lined with impervious

material must be worn

(

a) for contact with blood, body fluids, secretions or excretions,

(

b) for handling items visibly soiled with blood, body fluids,

secretions or excretions,

(

c) where contact with blood, body fluids, secretions or

excretions is anticipated, and

(

d) by any person with open lesions on the person's hands who

handles a body.

Wearing gown or apron

A gown with protective waterproof sleeves or liquid-resistant (plastic)

apron must be worn if contamination of clothing with blood, body

fluids, secretions or excretions is anticipated.

Gowns must be used to protect uncovered skin and prevent soiling of

clothing during procedures and activities likely to generate splashes or

sprays of blood, body fluids, secretions or excretions.

Wearing mask, eye protection or face shield

During procedures and activities likely to generate splashes or sprays

of blood, body fluids, secretions or excretions, a mask and eye

protection or a face shield must be worn to protect the mucous

membranes of the eyes, nose and mouth.

Respirators

For known or suspected airborne infections, high efficiency particulate

air filter respirators must be worn by a person performing an autopsy

or during other procedures which present a possibility of

aerosolization.

Shoe covers

Non-slip shoe covers must be worn during procedures and activities

likely to generate splashes or sprays of blood, body fluids, secretions

or excretions.

Sharps injury prevention

Sharps must be handled as minimally as possible and placed in

puncture-proof sharps containers immediately after use.

Decontamination

All blood, body fluids, secretions and excretions must be treated as

potentially infectious.

All instruments that come into contact with potentially infectious

material must be decontaminated.

Any item that must be disinfected or sterilized must first be cleaned.

Unless they can be cleaned immediately, instruments and small items

must be sorted and submerged in water and detergent to prevent

organic material from drying on them.

All surfaces that are touched during the handling of a body must be

cleaned with a low level disinfectant after each body is handled and

when visibly soiled with blood, body fluids, secretions or excretions.

Chemicals that may be used as low level disinfectants include

(

a) quaternary ammonium compounds,

(

b) accelerated hydrogen peroxide products, and

(

c) sodium hypochlorite (1:100 dilution of household bleach).

Low level disinfectants must be used as directed on the product label.

Sterilization

Any reusable instrument or device that penetrates a body must be

sterilized, where possible, using one of the following processes, and in

accordance with the manufacturer's instructions:

(

a) dry heat;

(b) 100% ethylene oxide;

(

c) formaldehyde;

(

d) steam.

High level disinfectants

In the event sterilization is not possible, a high level disinfectant may

be used for decontamination in accordance with the manufacturer's

instructions.

Chemicals that may be used as high level disinfectants include

(a) 2% glutaraldehyde,

(b) 6% hydrogen peroxide liquid,

(c) 0.55% ortho-phthalaldehyde (OPA),

(

d) pasteurization, and

(e) 0.2% paracetic acid.

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

Alberta Regulation 136/2008

Police Act

POLICE SERVICE AMENDMENT REGULATION

Filed: July 22, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 357/2008)

on July 21, 2008 pursuant to

section 61 of the Police Act.

1 The Police Service Regulation (AR 356/90) is amended

by this Regulation.

Section 1 is amended by adding the following after

clause (b):

(b.1) "person in charge of the investigation" means the officer in

charge of an investigating police service under

section

46.1(2) of the Act or the head of an integrated investigative

unit under

section 46.2 of the Act, as the case may be;

Section 4 is amended

(

a) in subsection (1) by striking out "is made permanent"

wherever it occurs and substituting "is confirmed";

(

b) by adding the following after subsection (6):

(7) Notwithstanding subsection (1)(

a) and (b), where,

(

a) due to the unanticipated absences of a police officer

who is on probation, or

(

b) because a police officer who is on probation is the

subject of an ongoing disciplinary hearing or criminal

investigation,

the chief of police has been unable during the probationary

period to assess the progress of the police officer, the chief of

police may request the police commission to extend the

probationary period for up to 6 months, and the commission may

in its discretion grant the extension.

(8) The police commission may, at the request of the chief of

police and for the reasons set out in subsection (7)(

a) and (b),

extend the probationary period for further periods of up to 6

months each to allow the chief of police to assess the progress of

the police officer who is on probation.

Section 7(1) is amended by striking out "3 months" and

substituting "6 months".

Section 10 is amended

(

a) in subsection (2) by adding "in the police officer's own

words" after "explanatory report";

(

b) in subsection (3)(

a) by striking out "by his superior

officer to provide an explanatory report" and substituting

"by the investigator to provide an explanatory report referred

to in subsection (2)";

(

c) in subsection (4)(

a) by striking out "by his superior

officer to provide an explanatory report" and substituting

"by the investigator to provide an explanatory report referred

to in subsection (2)";

(

d) by repealing subsection (5) and substituting the

following:

(5) A police officer who is directed by an investigator under

subsection (3)(

a) or (4)(

a) to provide an explanatory report shall

do so within 14 days of being notified of the direction.

(6) A statement made under subsection (3) or (4) may be used

by the chief of police for the purposes of

section 45(3) or (4) of

the Act and by the chief of police or the police officer in charge

of the investigating police service for the purposes of

section

46.1(4) of the Act.

6 The following is added after

section 10:

Interview

10.1(1) The chief of police, when investigating under

section 45

of the Act a complaint as to the actions of a police officer, may

direct the police officer whose actions may have resulted in the

complaint to attend at an interview and answer questions.

(2) Subject to subsection (3), a police officer directed under

subsection (1) to attend at an interview shall do so

(

a) immediately, or

(

b) where there are appropriate grounds for the delay, no

later than 24 hours after the request was made.

(3) The chief of police may request that an interview take place at

a later time than that set out in subsection (2)(b).

(4) Where practicable, the interview shall be recorded by

audiotape or videotape.

Investigations by another police service or an integrated

investigative unit

10.2 Where the Minister under

section 46.1(2) of the Act has

requested or directed another police service, or the head of an

integrated investigative unit, to conduct an investigation into a

serious incident or complaint, the chief of police shall ensure that,

pending the other police service or integrated investigative unit

taking charge of the scene of the serious incident or complaint, the

scene is secured by the police service in a manner consistent with

the policies and usual practice of the police service for serious

incidents and complaints.

Segregation of police officers

10.3(1) Where the Minister under

section 46.1(2) of the Act has

requested or directed another police service, or the head of an

integrated investigative unit, to conduct an investigation into a

serious incident or complaint, the chief of police shall, to the extent

that is practicable, segregate all the police officers involved in the

incident or complaint from each other until the investigating police

service or the integrated investigative unit has finished

interviewing all the officers involved.

(2) A police officer referred to in subsection (1) shall not

communicate with any other police officer who was involved in

the incident or complaint concerning the details of the incident or

complaint until after the investigating police service or the

integrated investigative unit has finished interviewing all the

officers involved.

Police officer's notes

10.4(1) In this

section and sections 10.5 and 10.6,

(a) "subject officer" means a police officer who is the

subject of a complaint or whose actions may have

resulted in a serious or sensitive incident;

(b) "witness officer" means a police officer who is a

witness to or has material information relating to the

events complained of or to the serious or sensitive

incident.

(2) A witness officer shall complete in full the officer's notes in

respect of the serious incident or the actions complained of in

accordance with the procedures of the police service and, subject

to subsection (5) and

section 10, shall provide the notes to the chief

of police within 24 hours after a request for the notes is made by

the investigating police service or the integrated investigative unit

to the chief of police.

(3) Subject to subsection (5) and

section 10, the chief of police

shall provide copies of a witness officer's notes to the investigating

police service or the integrated investigative unit on request and no

later than 24 hours after the request was made.

(4) The person in charge of the investigation referred to in

section

10.2 may extend the time within which copies of a witness

officer's notes must be provided to the investigating police service

or the integrated investigative unit by the chief of police.

(5) A subject officer shall complete in full the officer's notes in

respect of the incident or the actions complained of.

(6) A subject officer is not required to provide the officer's notes

to the investigating police service or the integrated investigative

unit, and no other person may provide the officer's notes to the

investigating police service or the integrated investigative unit

without the express permission of the subject officer.

Interview

10.5(1) The person in charge of the investigation referred to in

section 10.2, or a person acting under the authority of that person,

may direct that a witness officer attend at an interview and answer

questions.

(2) Subject to subsection (3), a police officer directed under

subsection (1) to attend at an interview shall do so

(

a) immediately, or

(

b) where there are appropriate grounds for the delay, no

later than 24 hours after the request was made.

(3) The person in charge of the investigation, or a person acting

under the authority of that person, may request that an interview

take place at a later time than that set out in subsection (2)(b).

(4) Where practicable, the interview shall be recorded by

audiotape or videotape.

Status of police officer

10.6(1) The person in charge of the investigation referred to in

section 10.2 shall, before directing an interview with a police

officer under

section 10.5 or requesting copies of the police

officer's notes under

section 10.4, advise the chief of police and

the officer in writing as to whether the officer is considered to be a

subject officer or a witness officer.

(2) The person in charge of the investigation shall advise the chief

of police and the police officer in writing if, at any time after

advising the chief of police and the officer under subsection (1) of

the officer's status, the officer in charge decides that an officer

formerly considered to be a subject officer is now considered to be

a witness officer or an officer formerly considered to be a witness

officer is now considered to be a subject officer.

(3) If, after interviewing a police officer who was considered to be

a witness officer when the interview was requested or after

obtaining a copy of the notes of a police officer who was

considered to be a witness officer when the notes were requested,

the person in charge of the investigation decides that the police

officer is a subject officer, the person in charge shall

(

a) advise the chief of police and the officer in writing that

the officer is now considered to be a subject officer,

(

b) give the police officer the original and all copies of the

record of the interview, if any, and

(

c) give the chief of police the original and all copies of the

police officer's notes.

Section 16 is amended

(

a) in subsection (1) by striking out "the hearing be

conducted" wherever it occurs and substituting "the

hearing or a portion of it be conducted";

(

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

(2.1) Notwithstanding subsection (2), a representative of the

commission may attend a hearing or any portion of a hearing that

is held in private.

Section 17(1) is amended by striking out "one of the

following" and substituting "one or more of the following".

Section 19 is amended

(

a) by striking out subsection (1) and substituting the

following:

Minor contraventions

19(1) Where a matter is disposed of under

section 45(4) of

the Act without conducting a hearing, the chief of police

(

a) may

(

i) dismiss the matter, or

(ii) issue an official warning,

(

b) with the agreement of the cited officer, may

(

i) issue a reprimand,

(ii) order the forfeiture of hours of work accumulated

through overtime, not to exceed 15 hours, or

(iii) suspend the police officer from duty without pay

for a period not to exceed 20 hours of work.

(

b) in subsection (2) by adding "under subsection (1)(a)(ii)"

after "an official warning";

(

c) by repealing subsection (3).

Section 22 is repealed and the following is substituted:

Record of discipline

22 When, and only when,

(

a) a period of 5 years has elapsed from the day that punishment

is imposed on a police officer for a contravention of

section

5, or

(

b) a period of 3 years has elapsed from the day that an action is

taken in respect of a police officer under

section 19(1),

if during that time no other entries concerning a contravention of this

Regulation have been made on the police officer's record of

discipline, any record of the punishment, the contravention or the

action taken shall

(

c) be removed from the police officer's record of discipline and

destroyed, and

(

d) not be used or referred to in any future proceedings

respecting that police officer.

Section 24 is amended by striking out "public" wherever

it occurs.

Section 26 is repealed and the following is substituted:

Transitional

26(1) Sections 17(1) and 22, as amended by sections 8 and 10 of

the Police Service Amendment Regulation, apply to investigations

and disciplinary proceedings in respect of complaints made in

accordance with the Act on or after the coming into force of the

Police Service Amendment Regulation.

(2) Sections 10 and 19(1) and (2), as amended by sections 5 and 9

of the Police Service Amendment Regulation, apply to

investigations and proceedings under the Act in respect of

complaints made in accordance with the Act whether commenced

but not concluded before or commenced on or after the coming

into force of the Police Service Amendment Regulation.

Section 26.1 is amended by striking out "2009" and

substituting "2014".

Alberta Regulation 137/2008

Apprenticeship and Industry Training Act

WATER WELL DRILLER TRADE AMENDMENT REGULATION

Filed: July 23, 2008

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 27, 2008 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Advanced Education and Technology

on July 10, 2008 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act.

1 The Water Well Driller Trade Regulation (AR 310/2000) is

amended by this Regulation.

Section 2(

a) is amended by striking out "and reclamation"

and substituting ", reconditioning and decommissioning".

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

Alberta Regulation 138/2008

Municipal Government Act

PROCEEDINGS BEFORE THE BOARD CLARIFICATION REGULATION

Filed: July 30, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 366/2008)

on July 30, 2008 pursuant to

section 603 of the Municipal Government Act.

Definition

1 In this Regulation, "Act" means the Municipal Government Act.

Nature of hearing

2(1) A hearing before the Municipal Government Board under

Part 12

of the Act is a hearing de novo.

(2) Despite subsection (1), when hearing an appeal from the decision

of an assessment review board or other person under

Part 12 of the

Act, the Municipal Government Board may also consider, but is not

bound by, any matter on the record, including the decision, of the

assessment review board or other person, as the case may be.

Repeal

3 This Regulation is made under

section 603(1) of the Act and is

repealed in accordance with

section 603(2) of the Act.

Coming into force

4 This Regulation is deemed to have come into force on January 1,

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

Alberta Regulation 139/2008

Provincial Court Act

PROVINCIAL COURT FEES AND COSTS AMENDMENT REGULATION

Filed: July 30, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 395/2008)

on July 30, 2008 pursuant to

section 9 of the Provincial Court Act.

1 The Provincial Court Fees and Costs Regulation

(AR 18/91) is amended by this Regulation.

2 The following is added after

section 1.1:

Witness fees

1.2(1) The prescribed fee payable to a witness served a notice to

attend a hearing is as follows:

(

a) for a non-expert witness, per day $10.00;

(

b) for an expert witness, per day $20.00.

(2) The expense payable to a witness for transportation to attend a

hearing is as follows:

(

a) subject to clause (b), using

a private motor vehicle, the amount set out

section 15 of

the Public Service

Subsistence, Travel

and Moving Expenses

Regulation;

(

b) if in a judge's opinion public

transportation can be used on a

timely basis and an amount should

not be paid under clause (a), the actual

cost of public

transportation.

Section 2 is amended by repealing clauses (

h) and (

i) and substituting the following:

(

h) for the prescribed fee paid to a witness to attend a hearing

(

i) for a non-expert witness, per day $10.00;

(ii) for an expert witness, per day $20.00;

(

i) for the expense paid to a witness for transportation to attend a

hearing

(

i) subject to subclause (ii), using

a private motor vehicle, the amount set out

section 15 of

the Public Service

Subsistence, Travel

and Moving Expenses

Regulation;

(ii) if in a judge's opinion public

transportation can be used on a

timely basis and an amount should

not be paid under subclause (i), the actual

cost of public

transportation;