Alberta Gazette — 30 April (ii)
0430 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, APRIL 30, 1998
Alberta Regulation 62/98
Fuel Tax Act
FUEL TAX AMENDMENT REGULATION
Filed: April 1, 1998
Made by the Lieutenant Governor in Council (O.C. 128/98) pursuant to
section 39 of the Fuel Tax Act.
1 The Fuel Tax Regulation (AR 388/87) is amended by this Regulation.
Section 1.01(2) is amended by striking out "April 1, 1998" and
substituting "April 1, 2000".
------------------------------
Alberta Regulation 63/98
Motor Vehicle Administration Act
REGULATIONS UNDER THE MOTOR VEHICLE ADMINISTRATION
ACT AMENDMENT REGULATION
Filed: April 1, 1998
Made by the Lieutenant Governor in Council (O.C. 142/98) pursuant to
section 59 of the Motor Vehicle Administration Act.
1 The Regulations Under the Motor Vehicle Administration Act (AR 22/76)
are amended by this Regulation.
Section 1.2 is amended
(
a) in subsection (1) by adding "or knowledge test" after "road
test" wherever it occurs;
(
b) by repealing subsection (2);
(
c) in subsection (4) by striking out "subsections (1) and (2)" and
substituting "subsection (1)".
3 This Regulation comes into force on April 1, 1998.
Alberta Regulation 64/98
Engineering, Geological and Geophysical Professions Act
GENERAL AMENDMENT REGULATION
Filed: April 1, 1998
Approved by the Lieutenant Governor in Council (O.C. 145/98) pursuant to
section 18 of the Engineering, Geological and Geophysical Professions Act.
1 The General Regulation (AR 244/81) is amended by this Regulation.
2 The following is added after
section 23:
PART 5.1
CONTINUING PROFESSIONAL DEVELOPMENT
PROGRAM
Education program established
23.1(1) The Council establishes the Continuing Professional
Development Program of the Association as the compulsory continuing
education program for professional members and licensees.
(2) The Practice Review Board shall administer the Continuing
Professional Development Program.
Mandatory compliance
23.2 A professional member or licensee shall comply with the
requirements of the Continuing Professional Development Program as it
applies to that professional member's or licensee's practice of
engineering, practice of geology or practice of geophysics, as the case may
be.
Exemption
23.3(1) Notwithstanding
section 23.2, a professional member or
licensee may be exempted from the requirements of this Part by filing with
the Association a declaration in writing, satisfactory to the Association,
stating that the professional member or licensee is not actively engaged in
the practice of a profession.
(2) A declaration under this
section is only effective for one year
from the date the declaration is received by the Association.
(3) A professional member or licensee shall not engage in the
practice of a profession while a declaration under subsection (2) is in
effect.
(4) A professional member or licensee who has filed a declaration
under subsection (1) must immediately notify the Association in writing if
that professional member or licensee intends to resume the practice of the
profession of that professional member or licensee.
(5) The Practice Review Board may require a professional member or
licensee who has notified the Association under subsection (4) to comply
with any conditions that the Board may set prior to allowing the
professional member or licensee to resume the practice of the profession.
Written records
23.4 A professional member or licensee must
(
a) maintain a written record of activities undertaken
in accordance with the Continuing Professional Development Program, and
(
b) produce the record under clause (
a) on the request
of the Practice Review Board.
Proof of compliance
23.5(1) On request of the Practice Review Board, the professional
member or licensee must satisfy the Board that the professional member or
licensee is complying with the requirements of the Continuing Professional
Development Program.
(2) Where a professional member or licensee fails to satisfy the
Practice Review Board under subsection (1), the Board may
(
a) conduct a review of the practice of a professional
member or licensee in accordance with the Act and this Regulation, and
(
b) at any time during a review recommend to the
Investigative Committee that the review be conducted by the Investigative
Committee under
Part 5 of the Act as if the recommendation were a written
complaint.
Alberta Regulation 65/98
Hospitals Act
CROWN'S RIGHT OF RECOVERY (PROVINCIAL
TREASURER) AMENDMENT REGULATION
Filed: April 3, 1998
Made by the Provincial Treasurer pursuant to
section 102(3) of the
Hospitals Act.
1 The Crown's Right of Recovery (Provincial Treasurer) Regulation (AR
219/96) is amended by this Regulation.
Section 3(1)(
a) is repealed and the following is substituted:
(
a) A is,
(
i) in the case described in
section 2(1) of this
Regulation, the Minister of Health's estimate of the Crown's cost of health
services referred to in
section 99.1(2)(
a) of the Act for the period
running from August 1, 1996 to December 31, 1996,
(ii) in the case described in
section 2(2) of this
Regulation, the Minister of Health's estimate of the Crown's cost of health
services referred to in
section 99.1(2)(
a) of the Act for 1997, and
(iii) in the case described in
section 2(3) of this
Regulation,
(
A) for 1998, the Minister of Health's
estimate of the Crown's cost of health services referred to in
section
99.1(2)(
a) of the Act for 1998,
(
B) for 1999, the Minister of Health's
estimate of the Crown's cost of health services referred to in
section
99.1(2)(
a) of the Act for the assessment factor year plus the aggregate
assessment for all previous assessment factor years less the amount
collected by the Provincial Treasurer under this Regulation for all
previous assessment factor years, and
(
C) for 2000 and subsequent assessment
factor years, the Minister of Health's estimate of the Crown's cost of
health services referred to in
section 99.1(2)(
a) of the Act for the
assessment factor year plus the aggregate assessment for the previous
assessment factor year less the amount collected by the Provincial
Treasurer under this Regulation for the previous assessment factor year.
Alberta Regulation 66/98
Livestock and Livestock Products Act
LIVESTOCK DEALERS AND LIVESTOCK DEALERS'
AGENTS REGULATION
Filed: April 8, 1998
Made by the Lieutenant Governor in Council (O.C. 152/98) pursuant to
section 3 of the Livestock and Livestock Products Act.
Table of Contents
Definitions 1
Application of Regulation 2
Licence required 3
Application for licence 4
Information required 5
Suspension or cancellation of licence 6
Form of licence 7
Lost or destroyed licence 8
Production of licence 9
Licence not transferable 10
Payment for livestock 11
Consigned livestock 12
Maintenance of records 13
Inspection permitted 14
Security 15
Misleading statements 16
Transitional 17
Repeals 18
Expiry 19
Coming into force 20
Definitions
1 In this Regulation,
(a) "abattoir" has the same meaning as in the Meat Inspection Act;
(b) "Act" means the Livestock and Livestock Products Act;
(c) "inspector" means an inspector or other officer or person
appointed or authorized to perform any duty under the Act or this
Regulation;
(d) "licence" means a livestock dealer's licence or a livestock
dealer's agent's licence issued by the Minister under this Regulation;
(e) "licensed livestock dealer" means a livestock dealer who is the
holder of a livestock dealer's licence;
(f) "livestock" means cattle, horses, sheep or swine;
(g) "livestock dealer" means a person who
(
i) buys livestock on a live or dressed basis,
(ii) sells livestock on a live or dressed basis,
(iii) acts as agent in the buying or selling of livestock
on a live or dressed basis and in such buying makes direct payment to the
patron, or
(iv) assists in the buying or selling of livestock on a
live or dressed basis by compiling or providing information on livestock
that are for sale and who charges a fee or commission for compiling or
providing the information,
but does not include
(
v) a person who retains title of each head of
livestock purchased for at least 30 days next following purchase,
(vi) an exhibition association, agricultural society or
4-H club,
(vii) the Alberta Pork Producers' Development Corporation
or its Western Hog Exchange division, or
(viii) a local supervisor of a feeder association
operating under the Feeder Associations Guarantee Act who buys or sells
livestock on behalf of the association through a licensed livestock dealer;
(h) "livestock dealer's agent" means a person who
(
i) buys or sells livestock on a live or dressed basis
on behalf of a livestock dealer, or
(ii) negotiates an arrangement as a consequence of which
livestock on a live or dressed basis are delivered to a livestock dealer;
(i) "person associated with" means a person who is
(
i) a member of the immediate family,
(ii) an agent,
(iii) a trustee,
(iv) a shareholder,
(
v) a director, or
(vi) an officer
of another person.
Application of Regulation
2 This Regulation does not apply to the buying or selling of livestock
that is properly registered under the Livestock Pedigree Act (Canada) if
the buyer is given a properly transferred pedigree certificate for each
animal.
Licence required
3(1) No person shall practise as a livestock dealer or livestock dealer's
agent in Alberta unless the person holds a valid and subsisting licence.
(2) Where an amount has been paid from the accounts of the Tribunal under
section 11.2, 11.3 or 11.4 of the Act with respect to a claim against a
person, the Minister may refuse to grant a licence under this Regulation to
(
a) that person, or
(
b) a person associated with that person who was directly or
indirectly involved in the operation of the business in respect of which
the payment from the accounts of the Tribunal was made,
unless arrangements have been made for reimbursement of the Tribunal in an
amount determined under subsection (3).
(3) The amount of the reimbursement for the purposes of subsection
(2) shall be a percentage of the amount paid from the accounts of the Tribunal
that is the same as the percentage interest, as determined by the Minister,
of the person or associated person in the livestock dealership whose
default resulted in the payment from the accounts of the Tribunal.
(4) The Minister shall not issue or renew a livestock dealer's licence to
a person until the person has
(
a) provided to the Minister proof of security required under
section 15, and
(
b) established to the satisfaction of the Minister that the person
is not and has not been a person associated with a person who is or has
been in contravention of the Act or this Regulation or any of the following
Acts or regulations made under those Acts:
(
i) Brand Act;
(ii) Livestock Identification and Branch Inspection Act;
(iii) Livestock Diseases Act.
(5) The Minister or an appeal board under
section 4 of the Act may waive
the requirements of subsection (4)(
b) if the Minister or the appeal board,
as the case may be, is of the opinion that extenuating circumstances exist.
(6) No person whose permanent residence and livestock business is located
outside Alberta shall
(
a) purchase livestock on a live or dressed basis in Alberta, or
(
b) make payment for livestock on a live or dressed basis directly
to a patron who is not a licensed livestock dealer in Alberta
unless the person is a licensed livestock dealer.
Application for licence
4(1) An application for a livestock dealer's licence or a livestock
dealer's agent's licence must
(
a) be made to the Minister in the form prescribed under the
Application and Licence Form Regulations (AR 174/77), and
(
b) be accompanied with a fee,
(
i) in the case of a livestock dealer's licence, of
$55;
(ii) in the case of a livestock dealer's agent's
licence, of $30.
(2) In addition to the requirements of subsection (1), an applicant for a
renewal of a livestock dealer's licence shall submit with the application a
statutory declaration that sets out, for the immediately preceding 12-month
period,
(
a) the total head of livestock that, as part of the applicant's
operation as a livestock dealer,
(
i) the applicant purchased on a live or dressed basis,
(ii) was delivered to the applicant for sale on a
commission or consignment basis,
and
(
b) the total head of livestock on which, as part of the
applicant's operation as a livestock dealer, the applicant charged a fee or
commission for compiling and providing information on livestock that are
for sale.
Information required
5(1) An applicant for a licence shall provide the Minister with
(
a) in the case of an applicant who is an individual, the
applicant's name and address,
(
b) in the case of an applicant that is a partnership, the name and
address of each partner,
(
c) in the case of an applicant that is a company or co-operative
association, the registered name and address of the company or co-operative
association, and
(
d) any other information required by the Minister.
(2) Where the applicant
(
a) is an individual, the individual must sign the application
form;
(
b) is a partnership, each partner must sign the application form;
(
c) is a corporation or co-operative association, each authorized
officer of the corporation or co-operative association, as the case may be,
must sign the application form.
(3) The Minister may withhold the issuance of a licence until the Minister
has received all the information required by the Minister.
Suspension or cancellation of licence
6(1) The suspension or cancellation of a licence
(
a) by the Minister under
section 3(6) or 10(1)(
b) of the Act, or
(
b) by the Administrator under
section 10.1(2)(
b) of the Act
must be in writing and delivered personally or by double registered mail to
the last known postal address of the licence holder.
(2) If a licence is suspended or cancelled by the Minister, the licence
holder shall return the licence to the Minister forthwith.
(3) If a licence is suspended or cancelled by the Administrator, the
licence holder shall return the licence to the Administrator forthwith.
Form of licence
7(1) When an application for a licence has been approved, the Minister may
issue a licence in the form prescribed by the Minister authorizing the
applicant to practise as a livestock dealer or livestock dealer's agent, as
the case may be, in Alberta.
(2) A livestock dealer or livestock dealer's agent shall record the number
of the licence on all letterhead, cheques, bills and statements of the
livestock dealer or livestock dealer's agent, as the case may be.
(3) Where a licence is issued to an applicant that is a partnership, each
member of the partnership must be issued a copy of the licence.
Lost or destroyed licence
8(1) On proof being supplied to the satisfaction of the Minister that a
licence has been inadvertently lost or destroyed, the Minister may issue a
duplicate licence.
(2) The fee for a duplicate licence is $10.
Production of licence
9 A licence holder shall produce the licence for inspection on demand by
an inspector.
Licence not transferable
10 A licence is not transferable.
Payment for livestock
11(1) Where a livestock dealer or livestock dealer's agent purchases
livestock on a live or dressed basis, the livestock dealer or livestock
dealer's agent shall pay the patron the value of the livestock within 2
days following the purchase.
(2) For the purpose of subsection (1), a payment by the livestock dealer
or livestock dealer's agent does not include the giving of credit.
(3) A payment made by a livestock dealer or livestock dealer's agent
pursuant to subsection (1) must be in the name under which the livestock
dealer or livestock dealer's agent is licensed.
Consigned livestock
12(1) A livestock dealer or livestock dealer's agent who accepts livestock
on a consigned basis shall give to the consignor a copy of the official
scale ticket and a statement of sale that contains the following
information:
(
a) all identification information from relevant manifests,
including the number, colour, brand, kind and location of the animals;
(
b) the correct weights of the animals;
(
c) the market price of the animals;
(
d) any deductions and commissions;
(
e) the advance payment, if any;
(
f) the gross proceeds of sale;
(
g) the net proceeds of sale.
(2) If any livestock on consignment has been condemned, the livestock
dealer or livestock dealer's agent shall give to the consignor a
certificate showing the cause of condemnation signed by an inspector
appointed under the Meat Inspection Act or the Meat Inspection Act
(Canada).
(3) A livestock dealer or livestock dealer's agent who buys livestock
shall give to the patron a statement of all livestock purchased that
contains the following information:
(
a) all identification information from relevant manifests,
including the number, colour, brand, kind and location of the animals;
(
b) the purchase price of the animals;
(
c) the correct weights of the animals, if the animals are
purchased on a weight basis;
(
d) such other details of the purchase as prescribed by the
Minister, if the animals are not purchased on a weight basis.
Maintenance of records
13(1) A livestock dealer or livestock dealer's agent shall keep detailed
records of all transactions relating to dealing in livestock in Alberta and
shall, when requested to do so, furnish an inspector with a copy of the
records relating to the purchase of any livestock from any person.
(2) The records shall include the name and address of the patron, the date
of the transaction and all other details required under this Regulation.
(3) A livestock dealer or livestock dealer's agent shall retain all the
records required under this Regulation for a period of not less than 2
years from when the records arose.
Inspection permitted
14(1) An inspector may enter the business premises of a livestock dealer
or livestock dealer's agent at any reasonable time in order to
(
a) inspect the premises,
(
b) examine any documents relating to the business of the livestock
dealer or livestock dealer's agent, or
(
c) take extracts or make copies of documents either on the
premises or by removing them from the premises.
(2) Any documents removed from the premises under subsection (1)(
c) must
be returned to the livestock dealer or livestock dealer's agent forthwith
on the extract or copy being made.
Security
15(1) No livestock dealer shall deal in livestock until the livestock
dealer has furnished the Minister with security in the amount fixed under
subsection (2).
(2) The following is the minimum amount of security to be furnished by
livestock dealers under subsection (1):
(
a) in the case of a livestock dealer who operates
(
i) an abattoir licensed under the Meat Inspection Act,
(ii) a registered establishment within the meaning of
the Meat Inspection Act (Canada),
the minimum amount of security is shown in Column 2 opposite
the applicable annual volume shown in Column 1:
Column 1 Column 2
1500 head or less $ 10 000
1501 to 5000 head 20 000
5001 to 25 000 head 50 000
25 001 to 50 000 head 100 000
50 001 to 100 000 head 200 000
more than 100 000 head 400 000
(
b) in the case of a livestock dealer, other than a livestock
dealer to whom clause (
a) applies, the minimum amount of security is shown
in Column 2 opposite the applicable annual volume shown in Column 1:
Column 1 Column 2
20 000 head or less $ 40 000
20 001 to 30 000 head 50 000
30 001 to 40 000 head 60 000
40 001 to 50 000 head 70 000
50 001 to 60 000 head 80 000
60 001 to 70 000 head 90 000
70 001 to 80 000 head 100 000
80 001 to 90 000 head 110 000
90 001 to 100 000 head 120 000
100 001 to 125 000 head 150 000
125 001 to 150 000 head 175 000
150 001 to 200 000 head 200 000
more than 200 000 head 250 000
(3) For the purpose of determining volume using Column 1 in subsection
(2)(
a) and (b), cattle and horses have an equivalent of 1, swine have an
equivalent of 5 and sheep have an equivalent of 10.
Misleading statements
16(1) No livestock dealer or livestock dealer's agent shall publish in any
form or by any medium a statement that misrepresents in any manner the
goods or services offered by that livestock dealer or livestock dealer's
agent, as the case may be.
(2) No livestock dealer or livestock dealer's agent shall make or permit
an employee or a person who is under contract to the livestock dealer or
livestock dealer's agent to make any statement or representation that is
likely to deceive or mislead or that is intended to deceive or mislead a
person with respect to a transaction involving the purchase or sale of
livestock.
(3) A livestock dealer or livestock dealer's agent shall ensure that every
advertisement relating to the business of a livestock dealer or livestock
dealer's agent indicates that the business is licensed and states the
number of the licence.
Transitional
17 A person who holds a licence under the Licensing and Bonding of
Livestock Dealers and Livestock Dealers Agents Regulation (AR 450/83)
immediately before the coming into force of this Regulation is deemed to
hold the same licence as if issued under this Regulation.
Repeals
18(1) The Licensing and Bonding of Livestock Dealers and Livestock Dealers
Agents Regulation (AR 450/83), except
section 14, is repealed.
(2) Section 14 of the Licensing and Bonding of Livestock Dealers and
Livestock Dealers Agents Regulation (AR 450/83) is repealed on December
31, 1998.
(3) The Livestock Dealers Security Regulation (AR 330/92) is repealed on
December 31, 1998.
Expiry
19 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.