Alberta Regulation 34/2005

Apprenticeship and Industry Training Act

CRANE AND HOISTING EQUIPMENT OPERATOR

TRADE AMENDMENT REGULATION

Filed: March 18, 2005

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

Board on February 4, 2005 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act.

1 The Crane and Hoisting Equipment Operator Trade

Regulation (AR 272/2000) is amended by this Regulation.

Section 19 is amended

(

a) in subsection (1) by adding "and tower cranes" after

"boom trucks";

(

b) in subsection (2)(

a) by striking out "and wellhead

boom trucks" and substituting ", wellhead boom trucks

and tower cranes".

Section 22(3) is amended by adding the following after

clause (c):

(

d) employ an apprentice in an apprenticeship program in the

tower crane branch of the trade to carry out any of the

undertakings that constitute that branch.

Section 25 is amended by adding the following after

subsection (2):

(3) In the case of an apprentice in an apprenticeship program in the

tower crane branch of the trade, a person employing an apprentice

pursuant to

section 22(3) shall not pay wages to an apprentice that

are less than those provided for under

section 17.

Alberta Regulation 35/2005

Apprenticeship and Industry Training Act

POWER LINEMAN TRADE AMENDMENT REGULATION

Filed: March 18, 2005

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

Board on February 4, 2005 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act.

1 The Power Lineman Trade Regulation (AR 296/2000) is

amended by this Regulation.

Section 3 is amended

(

a) in clause (d)

(

i) by adding "framing," before "erecting";

(ii) by adding "anchors," before "towers";

(

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

(d.1) loading and offloading equipment, materials and

supplies in the overhead and underground systems;

(

c) in clause (

e) by adding "terminating," after "splicing,";

(

d) in clause (

f) by adding the following after subclause

(viii):

(ix) precast vaults, pads, bases and duct work;

Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2013".

Alberta Regulation 36/2005

Apprenticeship and Industry Training Act

TRADES (EXPIRY CLAUSE) AMENDMENT REGULATION

Filed: March 18, 2005

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

Board on February 4, 2005 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act.

1(1) The Appliance Service Technician Trade Regulation

(AR 260/2000) is amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2010".

2(1) The Bricklayer Trade Regulation (AR 265/2000) is

amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2012".

3(1) The Concrete Finisher Trade Regulation (AR 269/2000)

is amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2010".

4(1) The Landscape Gardener Trade Regulation

(AR 286/2000) is amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2011".

5(1) The Locksmith Trade Regulation (AR 288/2000) is

amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2011".

6(1) The Painter and Decorator Trade Regulation

(AR 292/2000) is amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2010".

7(1) The Sprinkler Systems Installer Trade Regulation

(AR 304/2000) is amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2013".

8(1) The Tilesetter Trade Regulation (AR 308/2000) is

amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2010".

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

Alberta Regulation 37/2005

Apprenticeship and Industry Training Act

TRADES (EXPIRY CLAUSE) AMENDMENT REGULATION

Filed: March 18, 2005

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

Board on February 4, 2005 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act.

1(1) The Carpenter Trade Regulation (AR 267/2000) is

amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2015".

2(1) The Insulator Trade Regulation (AR 284/2000) is

amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2015".

3(1) The Millwright Trade Regulation (AR 290/2000) is

amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2015".

4(1) The Refrigeration and Air Conditioning Mechanic

Trade Regulation (AR 300/2000) is amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2015".

5(1) The Steamfitter-Pipefitter Trade Regulation

(AR 305/2000) is amended by this section.

(2) Section 9 is amended by striking out "August 31, 2005"

and substituting "August 31, 2015".

6 This Regulation comes into force on August 1, 2005.

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

Alberta Regulation 38/2005

Police Act

SPECIAL CONSTABLE EQUIPMENT AMENDMENT REGULATION

Filed: March 21, 2005

For information only: Made by the Solicitor General (M.O. 3/05) on March 14, 2005

pursuant to

section 62 of the Police Act.

1 The Special Constable Equipment Regulation

(AR 322/90) is amended by this Regulation.

Section 10 is amended by striking out "March 31, 2005"

and substituting "March 31, 2015".

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

Alberta Regulation 39/2005

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: March 22, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 152/2005)

on March 22, 2005 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 44/2001) is amended by this Regulation.

Section 12 is amended

(

a) in subsection (1)(w)

(

i) by adding "19," after "11,";

(ii) by striking out "24(l)" and substituting "24(g), (

j) and (l)";

(

b) by adding the following after subsection (1.1):

(1.1) The Minister of Health and Wellness and the Minister of

Seniors and Community Supports are designated as the Ministers

given common responsibility for

section 19 of the Nursing

Homes Act.

Section 21.1(1) is amended by adding the following after

clause (d):

(d.1)

section 24(

g) and (

j) of the Nursing Homes Act;

4 This Regulation comes into force on April 1, 2005.

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

Alberta Regulation 40/2005

School Act

HOME EDUCATION AMENDMENT REGULATION

Filed: March 23, 2005

For information only: Made by the Minister of Education (M.O. 012/2005) on

March 17, 2005 pursuant to

section 29(3) of the School Act.

1 The Home Education Regulation (AR 126/99) is amended

by this Regulation.

Section 11 is amended by striking out "March 31, 2005"

and substituting "September 30, 2005".

Alberta Regulation 41/2005

Income and Employment Supports Act

TRAINING PROVIDER AMENDMENT REGULATION

Filed: March 23, 2005

For information only: Made by the Minister of Human Resources and Employment

(M.O. 8/2005) on March 21, 2005 pursuant to

section 26 of the Income and

Employment Supports Act.

1 The Training Provider Regulation (AR 384/2003) is

amended by this Regulation.

Section 3 is amended by striking out "Director" wherever

it occurs and substituting "Minister".

Section 4(2) is repealed.

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

Alberta Regulation 42/2005

Forest Reserves Act

FOREST RESERVES REGULATION

Filed: March 29, 2005

For information only: Made by the Minister of Sustainable Resource Development

(M.O. 10/2005) on March 24, 2005 pursuant to

section 7 of the Forest Reserves Act.

Table of Contents

Interpretation

2 Application

3 Orders and directions of officers

4 Approval conditions

5 Grazing capacity and stocking of livestock on grazing land

6 Establishment, continuation and ending of preference quotas

7 Permits

8 Exemptions from permit requirement

9 Qualifications to continue to hold permit

10 Allocation of preference quota

11 Transfer of preference quota

12 Increase in AUMs on allocation or transfer

13 Dispute as to preference quota

14 Reduction or cancellation of quota and permit cancellation

15 Permit holder's compliance requirements

16 Entry and grazing prohibitions

17 Alteration prohibitions

18 Prohibition of access to high-risk areas

19 Weed control and destruction

20 Grazing rental and transfer dues, and fees

21 Dispositions under Public Lands Act and Forests Act

22 Repeal

23 Expiry

Interpretation

1(1) In this Regulation,

(a) "allocate" means, with respect to a preference quota, allocate

a quota that has previously been established and includes

reallocating a previously allocated quota;

(b) "animal unit" and "animal unit month" are to be construed in

accordance with

section 5(2) and (3) respectively;

(c) "livestock" means

(

i) cattle, horses or sheep, or

(ii) other animals designated in respect of a specific permit

holder under subsection (2);

(d) "officer" means an individual appointed under

section 3 of

the Act;

(e) "permit" means a permit issued or to be issued under

section

7(1)(

a) or (

b) or renewed under

section 7(12);

(f) "preference quota" or "quota" means the actual number of

animal unit months allowed in a calendar year with respect to

a regular permit;

(g) "range allotment" means the specific portion of a forest

reserve that is designated by the Minister for grazing use

under a permit;

(h) "range management plan" means the operational manual or

guide, and the map, currently approved by the Minister for

each range allotment showing

(

i) the range vegetational types,

(ii) the distribution units,

(iii) individual stocking rates for each distribution unit,

(iv) instructions for the system of use, salting, trail cutting,

fencing, riding and water development,

(

v) methods of maintaining range and watershed conditions,

and

(vi) the methods to be employed to ensure coordination

between range and other forest uses;

(i) "regular permit" means a permit referred to in

section 7(1)(

a) or (12);

(j) "resident" means

(

i) an adult individual who is a Canadian citizen or a

permanent resident within the meaning of the

Immigration and Refugee Protection Act (Canada) and

has resided in Alberta for at least the 12 consecutive

months immediately before the time in question, or

(ii) a corporation that has no share capital or in respect of

which the majority of the shares issued by it

(

A) are beneficially owned by residents within the

meaning of subclause (i), and

(

B) are owned for the exclusive use and benefit of

those resident shareholders and not in the interests

of or for the benefit of any other persons;

(k) "temporary permit" means a permit referred to in

section

7(1)(b).

(2) On the written application of a permit holder with respect to a

specific set of circumstances, the Minister may give written notice to

the permit holder designating a number, kind and any other

categorization of animals, other than cattle, horses and sheep, that the

Minister considers to be grazing animals and that are specified in the

notice as livestock for the purposes and for the period and subject to

the conditions so specified, and, on the service of that notice, those

animals are livestock with respect to that permit holder within those

limitations.

Application

2(1) This Regulation applies only to acts and omissions, and to land,

in forest reserves unless otherwise stated or unless the context

otherwise requires.

(2) Notwithstanding

section 11(2)(

a) of the Act, grazing rights in

public land are to be conferred under this Regulation rather than by

disposition under the Public Lands Act.

(3) In the event of any inconsistency between this Regulation and the

Public Lands Act or the Forests Act or any regulation made under

either of those Acts, this Regulation prevails.

Orders and directions of officers

3 An officer may give

(

a) an order in writing, or

(

b) a direction

to a permit holder or to a person exempted from the requirement of a

permit by this Regulation where the order or direction is necessary or

is considered strongly advisable for the proper administration or for the

enforcement of the Act or this Regulation.

Approval conditions

4 The Minister may attach any conditions considered appropriate to

an approval given under this Regulation.

Grazing capacity and stocking of livestock on grazing land

5(1) This

section applies where the grazing capacity of a range

allotment is being established for livestock for the purposes of this

Regulation.

(2) A 1000 pound or 455 kilogram cow, with or without calf at foot, is

to be considered as one animal unit.

(3) One animal unit month is the grazing needs of one animal unit

over the period of one month on the particular range allotment in

question.

(4) The grazing capacity for livestock on a range allotment is to be set

by the Minister, as a number of animal unit months.

(5) The actual stocking rate for livestock on a range allotment is to be

set by the Minister based on variations between

(

a) the livestock animals, taking into account their ages, weight

and livestock type, to be grazed there, and

(

b) one animal unit.

Establishment, continuation and ending of preference quotas

6(1) The Minister may establish a preference quota for an applicant

for a regular permit who

(

a) is an individual or a corporation,

(

b) is a resident,

(

c) in the case of a corporation that is not incorporated in

Alberta, is entitled to carry on business in Alberta,

(

d) keeps and raises livestock on a continuing basis, including

doing so outside the forest reserve during portions of any

year when they are not grazing on the range allotment,

(

e) has the legal possession of enough suitable land outside the

forest reserve to support that livestock during those portions

of the year,

(

f) is not presently in contravention of the Act or this

Regulation, and

(

g) has held a temporary permit throughout the whole of the

preceding 3 years.

(2) Where an application is being made for a regular permit by 2 or

more persons jointly, each of them must be eligible under subsection

(1), except that a quota may be established for a combination between

an individual and a corporation.

(3) The maximum and the minimum preference quota that the

Minister may establish or allocate is 1000 and 100 animal unit months,

respectively.

(4) Notwithstanding anything in this Regulation except

section 12 and

subject to subsection (5), the maximum number of animal unit months

that any one person is entitled to hold under all regular permits held by

that person, regardless of how they are acquired, is 1000, and any

transaction whereby that number purports to be exceeded is void.

(5) A preference quota that was held under The Forest Reserves

Regulations (AR 604/65) immediately before the commencement of

this subsection continues in force, regardless of the number of animal

unit months, for the period for which it was established or allotted

unless and until it is changed pursuant to this Regulation.

(6) A preference quota that is vacated reverts to the Crown in right of

Alberta.

Permits

7(1) The Minister may, on receipt of an application made in

accordance with this section, issue a permit

(

a) to the holder of a preference quota authorizing the grazing on

the land specified in the permit of any number of livestock

not exceeding the applicant's preference quota for the term

specified in the permit, or

(

b) to an eligible applicant authorizing the grazing on the land

specified in the permit of any number of livestock animals

for the period specified in the permit.

(2) The term of a regular permit may not exceed 10 years.

(3) The term of a temporary permit may not exceed 5 years.

(4) An application for a regular permit may be made only by the

holder of a preference quota.

(5) On the establishment of a preference quota and the related issue of

a regular permit, the temporary permit is automatically cancelled.

(6) An application for a temporary permit may be made only by one or

more residents.

(7) An application for a permit must be submitted before April 1

preceding the commencement of the period for which it is required or

before such later date as the Minister allows.

(8) An application for a permit must be accompanied by the permit

application fee set by the Minister and the grazing rental dues payable

under

section 20.

(9) A corporate applicant shall, on the written request of the Minister,

submit with its permit application

(

a) a copy of its certificate of incorporation or other evidence of

its corporate status,

(

b) a list signed by a senior officer of the corporation of the

names, addresses and residency statuses of all its

shareholders and the number of shares held by each,

(

c) any other evidence necessary to establish its status as a

resident,

(

d) if it is not incorporated in Alberta, evidence that it is entitled

to carry on business in Alberta,

(

e) if it is incorporated under the Societies Act or the

Co-operative Associations Act, a copy of its bylaws, and

(

f) if it is a grazing association incorporated under the Societies

Act or the Co-operative Associations Act or is incorporated,

continued or registered under the Cooperatives Act, a list of

its current members.

(10) If there is any change in any of the corporation's circumstances

referred to in subsection (9) subsequent to the application, whether or

not there was a request by the Minister under that subsection, the

corporation shall, forthwith after the change, notify the Minister of the

facts underlying the change and submit evidence of the changed

circumstances.

(11) On the making of an allocation under

section 10 or a transfer

under

section 11, the permit relating to the preference quota is

automatically cancelled.

(12) When a regular permit expires, the Minister may, subject to the

payment of any fee set under

section 20(1) and provided that the

permit holder continues to meet all the qualifications required to obtain

a new regular permit, relax any other requirements of this

section and

the issue of a new regular permit.

Exemptions from permit requirement

8(1) In this section, "pack animals" means horses, mules, donkeys,

llamas or alpacas.

(2) A person who brings only one or 2 pack animals into a forest

reserve from outside and who uses them only for recreational purposes

may graze them without a permit.

(3) A person who brings into a forest reserve from outside

(a) 3 or more pack animals and uses them only for recreational

purposes, or

(b) 6 or fewer pack animals and uses them only to herd livestock

may graze them without a permit if that person has obtained the

Minister's approval to do so before their entry into the forest reserve.

(4) A person who brings pack animals into a forest reserve from

outside and who uses them only

(

a) in the course of carrying on a business involving

(

i) the transporting of persons, food or equipment on

conducted trail rides, camping trips or tours, or

(ii) the renting of those animals for use in the hunting,

capturing or killing of big game within the meaning of

the Wildlife Act,

(

b) physically and for gain or reward to assist another individual

in the hunting of such big game or to conduct a trail ride,

camping trip or tour, or

(

c) to assist in any other operation approved by the Minister for

the purposes of this subsection,

may graze them without a permit if that person has obtained the

Minister's approval to do so before their entry into the forest reserve.

(5) Rights to graze animals under this

section apply subject to any

prohibitions or restrictions under this Regulation or any order or

direction under

section 3.

(6) It is a condition of any approval given by the Minister under

subsection (4) that if the person given the approval allows horses to

graze to an extent greater than the spasmodic grazing that occurs as an

incident of their passage through the land, the Minister may require

that person to pay the fee, if any, set by the Minister.

Qualifications to continue to hold permit

9 Notwithstanding anything in this Regulation, a person is not

eligible to continue to hold a permit if at any time that person or any of

the joint holders, as the case may be,

(

a) in the case of a regular permit, ceases to hold a preference

quota or ceases to or does not meet any of the criteria for

establishment of a quota specified in

section 6(1)(

a) to (g), or

(

b) in the case of a temporary permit, ceases to be a resident.

Allocation of preference quota

10(1) Where a corporation that held a preference quota is wound up,

the Minister shall allocate the vacated quota to the former shareholders

who are eligible under subsection (5) and apply for the allocation.

(2) Where a partnership that held a preference quota is dissolved, the

Minister shall allocate the vacated quota to those former partners, if

any, who

(

a) were partners in that partnership when the partnership

acquired the quota,

(

b) are eligible under subsection (5), and

(

c) apply for the allocation.

(3) Where an individual preference quota holder dies, the Minister

shall allocate the vacated quota to individuals who will beneficially

acquire the land to which the quota relates on the death, are eligible

under subsection (5) and apply for the allocation.

(4) Where a preference quota holder transfers possession of the whole

or part of the land to which the quota relates to one or more relatives,

the Minister shall allocate the vacated quota, on whatever basis the

Minister considers appropriate, to that relative or to one or more or all

of those relatives, as the case may be, who are eligible under

subsection (5) and apply for the allocation.

(5) A person is not eligible to receive an allocation under this

section

unless that person would be qualified under

section 6(1)(

a) to (f), if an

applicant for a regular permit, to obtain a preference quota and pays

any allocation fee set by the Minister.

Transfer of preference quota

11(1) A preference quota holder may, with the prior written approval

of the Minister and on payment of the transfer dues payable under

section 20, transfer that quota to a person who is eligible under

subsection (2).

(2) A person is not eligible to receive a transfer under subsection

(1) unless that person has applied for a permit and meets the qualifications

set out in

section 6(1)(

a) to (

f) with respect to obtaining a preference

quota.

(3) Subject to subsection (1), a preference quota is not transferable.

Increase in AUMs on allocation or transfer

12(1) On application, the Minister may, by written approval, allow

the number of animal unit months to exceed the number permitted by

section 6(4) on an allocation under

section 10 or a transfer under

section 11 if and to the extent that the Minister considers that that

maximum should be relaxed on account of extenuating circumstances.

(2) The approval must set out the new maximum number of animal

unit months allowed, resulting from the allocation or transfer.

Dispute as to preference quota

13 Where there is a dispute as to the size or existence of a preference

quota, the onus is on the holder of or the person claiming the quota to

prove that fact.

Reduction or cancellation of quota and permit cancellation

14(1) The Minister may reduce or cancel a preference quota

(

a) where the Minister considers it necessary to protect range or

watersheds, or

(

b) if its holder ceases to meet any of the criteria specified in

section 6(1)(

a) to (f).

(2) The Minister may, if in any one year the Minister considers a

broader distribution of grazing rights desirable, reduce a preference

quota by an amount not exceeding 10% provided that the reduction

does not result in a quota of less than 100 animal unit months.

(3) Except where an approval under subsection (6) has been given, the

Minister shall cancel a preference quota where its holder is considered

not to have used, or to have used sufficiently, the full quota exercisable

by the holder.

(4) Where a preference quota holder or permit holder contravenes the

Act or this Regulation, the Minister may

(

a) cancel or reduce the preference quota, or

(

b) cancel the permit.

(5) Where the Minister cancels a preference quota, the permit to which

the quota relates is automatically cancelled.

(6) Notwithstanding anything in this section, a permit holder, with the

prior written approval of the Minister and with respect to the land

under the permit, may

(

a) reduce the number of livestock animals grazed, or

(

b) suspend all grazing

for the period specified in that approval without suffering the

cancellation or a reduction of the preference quota.

(7) The period referred to in subsection (6) must not exceed one year.

(8) The Minister shall notify a preference quota holder in writing of

any proposed reduction in the quota on or before January 15 in the year

in which the reduction is to apply.

(9) The Minister shall notify its holder in writing of any proposed

cancellation of a preference quota or permit at least 30 days before the

cancellation is due to take effect.

(10) The Minister shall allow a person affected by a proposed

reduction or cancellation under this

section sufficient opportunity to

make representations to the Minister, and shall take any

representations so made into consideration before such a reduction or

cancellation is effected.

(11) A person affected by an action of the Minister under this

section

has no right to compensation for or in respect of that action.

Permit holder's compliance requirements

15(1) A permit holder shall

(

a) comply with an order or a direction given by an officer

pursuant to this Regulation,

(

b) comply with the range management plan, and

(

c) give an officer notice of any intention to bring livestock into,

or to remove livestock from, a forest reserve.

(2) A permit holder who contravenes subsection (1)(

a) or (

b) is liable

to the Minister for the costs of anything done by the Minister to effect

compliance with the order, direction or range management plan, as the

case may be.

Entry and grazing prohibitions

16(1) A person shall not allow any livestock to enter into a forest

reserve or, having so entered, to graze there

(

a) unless that person is the owner of the livestock and the

grazing is done or to be done on a range allotment in respect

of which a permit is held by that person, or

(

b) except pursuant to

section 8 or under another approval given

by the Minister,

and shall not do so in any event if the livestock is or is suspected of

being affected by an infectious disease.

(2) A person who contravenes subsection (1) is liable to pay all fees

and all dues set under

section 20 that would have been payable by that

person had that subsection been complied with, together with a fee of

$500 to cover services of and costs incurred by the Minister for the

purpose of investigating the unauthorized grazing or entry or rectifying

the effects of the contravention.

Alteration prohibitions

17 A person shall not plough, cultivate or break up any land except

that a permit holder may, with the prior written approval of the

Minister, do so for the purpose of

(

a) regrassing, destroying weeds or removing brush, or

(

b) constructing boundary or drift fences, watering facilities or

trails.

Prohibition of access to high-risk areas

18(1) Where an officer considers for any reason that circumstances in

an area are such that there exists a high risk of imminent harm to

grazing livestock or of imminent damage to grazing rights or rangeland

health, the officer may, by order, close that area to, or restrict access to

that area by, all vehicles or by all vehicles of the types specified in the

order.

(2) In the case of a restriction under subsection (1), the order must

specify the nature of the restriction.

(3) An officer shall ensure that sufficient signs or notices stating the

effect of the order under subsection (1) are erected or posted to ensure

that all persons using roads or trails leading into the area may

reasonably be expected to know of the vehicle prohibition or

restriction before entering the area.

(4) An order under subsection (1) and signs or notices referred to in

subsection (3) are to be treated as documents incorporated by reference

in this Regulation.

Weed control and destruction

19(1) The

definitions contained in

section 1(1) of the Weed Control

Act (including the content of any applicable bylaw covering the forest

reserve in question and designating a category of weeds) apply in

interpreting this section.

(2) Nothing in this

section limits any obligations that a person has

under the Weed Control Act.

(3) A person shall take all reasonable precautions to prevent the

spread or introduction from outside a forest reserve into a forest

reserve or from one part of a forest reserve to another of a restricted or

noxious weed.

(4) A person who contravenes subsection (3) or any provision of the

Weed Control Act that adversely affects a forest reserve

(

a) shall take immediate and appropriate steps to negate, as far as

possible, the adverse effect of the contravention, and

(

b) is liable for damages for the weed problems resulting from

the activity to the owner or occupant (including the Crown in

right of Alberta) adversely affected.

(5) Where a person is taking any steps with respect to the destruction

or control of any restricted or noxious weeds on a range allotment or

on any land within the range allotment,

(

a) the permit holder, and

(

b) every other person who holds any kind of disposition over

the area so affected

shall (regardless of the origin of the weed problem) cooperate fully

with and give all reasonable assistance to that person's efforts in taking

those steps.

Grazing rental and transfer dues, and fees

20(1) The Minister shall set

(

a) the grazing rental dues payable in respect of permits and the

deadlines for their payment, and

(

b) the dues on the transfer of a preference quota, which must be

equal, for any given year, to 5 times the current year's rental

for the total number of animal unit months under the quota,

and may, subject to subsection (2), set fees for circumstances where

fees are payable under this Regulation.

(2) The fee for the allocation of a preference quota is $100.

(3) The Minister may apply a credit towards the payment of any dues

payable under subsection (1)(

a) for a portion of the cost of any

approved range integration projects conducted on the range allotment.

(4) A permit holder shall pay the applicable grazing rental dues before

the deadlines set under subsection (1)(a).

Dispositions under Public Lands Act and Forests Act

21 If the holder of a disposition referred to in

section 11(2) of the Act

proposes to do anything that has the potential to create a material

impact on the grazing rights of a permit holder, that disposition holder

and the permit holder shall, before the disposition holder takes any

such action, negotiate with each other the circumstances of the

proposed action and its effect on the grazing rights in good faith.

Repeal

22 The Forest Reserves Regulations (AR 604/65) are repealed.

Expiry

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

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

repassed in its present or an amended form following a review, this

Regulation expires on May 31, 2014.

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

Alberta Regulation 43/2005

School Act

PRIVATE SCHOOLS AMENDMENT REGULATION

Filed: March 30, 2005

For information only: Made by the Minister of Education (M.O. 013/2005) on

March 24, 2005 pursuant to

section 28(6) of the School Act.

1 The Private Schools Regulation (AR 190/2000) is

amended by this Regulation.

Section 1 is amended

(

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

(c.1) "Designated Special Education Private School" means a

funded private school designated by the Minister, whose

sole purpose is to serve students with identified special

needs and whose enrolled students are each diagnosed

with a mild, moderate or severe disability;

(

b) by repealing clause (

e) and substituting the

following:

(e) "funded private school" means an accredited private

school owned or operated by a society registered under

the Societies Act, a non-profit company incorporated

under

Part 9 of the Companies Act or a non-profit

corporation incorporated by or under

an Act of the

Legislature that receives a grant under the Learning

Grants Regulation (AR 77/2003);

Section 7 is repealed and the following is substituted:

Policies

7(1) The operator of an accredited private school must develop

and maintain policies relating to

(

a) the evaluation of students, and

(

b) teacher growth, supervision and evaluation of teachers.

(2) A policy that is developed and maintained under subsection

(1) must be consistent with the policy of the Minister on the same

subject.

(3) To ensure that the health and safety of students are protected,

the operator of an accredited private school must, in addition to the

policies mentioned in subsection (1), develop and maintain policies

relating to

(

a) safety for outdoor education and field trips, and

(

b) a health protocol.

Section 8 is amended by striking out "School Grants

Regulation (AR 72/95)" and substituting "Learning Grants

Regulation (AR 77/2003)".

Section 9(1) is amended by striking out "School Grants

Regulation (AR 72/95)" and substituting "Learning Grants

Regulation (AR 77/2003)".

Section 10 is amended

(

a) in subsection (1)(

b) by striking out "section 39(1)(b)"

and substituting "section 39(1)(f)";

(

b) by repealing subsection (2) and substituting the

following:

(2) The operator of a Designated Special Education Private

School must meet the standards as defined in Ministerial Order

No. 015/2004, Standards for the Provision of Special

Education to Students in Alberta, made under

section 39(1)(

f) of the Act, except in respect of

section 16(

e) of the Order.

7 The following is added after

section 12(2):

(3) The person who is designated to act as the principal of a funded

private school under subsection (1) may not, at the same time, be a

voting member of the board of directors of a society or non-profit

company that may be operating that funded private school.

Section 13 is repealed and the following is substituted:

School closure

13 If the operator of a funded private school intends to close the

school, the operator must

(

a) provide 30 days advance written notice to the parents of

each student enrolled in the school and to the Minister,

and

(

b) endeavour to place the students in another school.

Section 15 is amended

(

a) in subsection (1)(

a) by adding "audited" before

"financial statements";

(

b) in subsection (3)(

a) by adding "audited" before

"financial statements".

Section 18(1)(

b) is amended by striking out "in the form

prescribed" and substituting "as required".

Section 24 is amended by striking out "March 31, 2005"

and substituting "March 31, 2015".

Alberta Regulation 44/2005

Cooperatives Act

COOPERATIVES AMENDMENT REGULATION

Filed: March 31, 2005

For information only: Made by the Minister of Government Services

(M.O. C:004/2005) on March 30, 2005 pursuant to

section 446 of the Cooperatives

Act.

1 The Cooperatives Regulation (AR 55/2002) is amended

by this Regulation.

2 The following is added after

section 42.1:

Revival and continuance of Alberta incorporated associations under

former Act

42.2(1) In this section,

(a) "association" means a body incorporated by or under an

Act of Alberta that was dissolved;

(b) "dissolution", except where the reference is to a

dissolution under Division 2 of

Part 14 of the Act,

means dissolution on March 31, 2005 by

section 434(1)

of the Act, and "dissolved" shall be construed

accordingly;

(c) "former Act" means the Co-operative Associations Act

(RSA 2000 cC-28);

(d) "revival" means revival under and by virtue of this

section;

(e) "revival for perpetual succession" means a revival for

the purposes to which subsection (3)(

a) applies;

(f) "revival for winding-up" means a revival for the

purposes to which subsection (3)(

b) applies.

(2) An interested person may apply to the Director to have an

association revived for either of the purposes referred to in

subsection (3).

(3) The purposes referred to in subsection (2) are, by virtue of this

section, to effectuate a continuance of the association as a

cooperative under the same name with retroactive effect from

immediately after dissolution,

(

a) as if the association had not been dissolved and as if it

had been continued as a cooperative pursuant to

section

434 of the Act, or

(

b) with a view to enabling or forcing the association, as a

continued cooperative, to wind up its business and

affairs and to dissolve under Division 2 of

Part 14 of the

Act.

(4) An application for a revival must be made to the Director in the

form set by the Director and, if for perpetual succession, before

April 1, 2008.

(5) An application for a revival for perpetual succession must be

accompanied with

(

a) articles of revival in the form set by the Director,

(

b) the articles of the association in accordance with

sections 5, 387, 388, 389, 392(1), 402(1), 407, 413 and

419, as applicable, of the Act,

(

c) a declaration signed by the directors that if and after the

association is issued its certificate of revival the then

cooperative will be organized and operated and will

carry on business on a cooperative basis,

(

d) if applicable, a declaration signed by the directors that if

and after the issue of its certificate of revival the then

cooperative will comply with the applicable Division of

Part 18 of the Act,

(

e) any outstanding annual returns required by

section 21(8)

of the former Act,

(

f) any other documents whose provision the Director in

writing requests, and

(

g) the fee prescribed by

section 1(

d) of

Schedule 1.

(6) An application for a revival for winding-up must be

accompanied with

(

a) articles of revival in the form set by the Director,

(

b) if so required by the Director, a declaration signed by

the interested person that if and after the association is

issued its certificate of revival the then cooperative will,

subject to subsection (3)(b), be organized and operated

and will carry on business on a cooperative basis,

(

c) if applicable, a declaration signed by the interested

person that if and after the issue of its certificate of

revival the then cooperative will comply with the

applicable Division of

Part 18 of the Act,

(

d) in the case of a revival ordered by a court for winding-

up, a copy of the court order directing the Director to

revive the association,

(

e) any other documents whose provision the Director in

writing requests, and

(

f) the fee prescribed by

section 1(

d) of

Schedule 1.

(7) Section 42.1 applies with respect to articles of revival

submitted under this section.

(8) While there remains any potential for an association to be

continued as a result of revival for perpetual succession, the

association is temporarily continued by this subsection from

dissolution until immediately before the revival or until the

deadline established by subsection (4) has passed without the

application for revival having been made, whichever occurs first.

(9) On receipt of documents referred to in subsections (4) and

(5) or (6) that are satisfactory to the Director and on being satisfied

that subsection (7), if applicable, has been complied with, the

Director shall issue a certificate of revival for perpetual succession

or for winding-up, as the case may be, in the form set by the

Director.

(10) For the purpose of issuing a certificate of revival, the Director

may rely on the articles of revival and the declarations referred to

in subsections (5) and (6).

(11) If the Director issues a certificate of revival, then, with

retroactive effect from immediately after its dissolution,

(

a) the association

(

i) is revived,

(ii) is continued in existence as if it had not been

dissolved, and

(iii) becomes a cooperative as if it had been

incorporated under the Act,

and

(

b) the certificate of revival is the instrument of

incorporation of the cooperative,

and sections 437, 438 and 440 to 445 of the Act apply to it as if the

continuance by this subsection were continuance under

Part 19 of

the Act, with references to the certificate of continuance being

taken as references to the certificate of revival.

(12) A certificate of revival is conclusive proof for the purposes of

this Regulation and for all other purposes that

(

a) the association was continued as a cooperative by this

section with retroactive effect on and from immediately

after the association's dissolution, and

(

b) the continuance was for the purposes, in the case of

revival for perpetual succession, to which subsection

(3)(

a) applies or, in the case of revival for winding-up,

to which subsection (3)(

b) applies.

(13) In the same manner and to the same extent as if it had not

been dissolved, but subject to any reasonable terms that are

imposed by the Director and to rights acquired by any person prior

to the dissolution, an association revived as a cooperative by this

section is, with effect from immediately after the dissolution and

with no gap between the dissolution and the revival, restored to its

position in law and equity immediately before the dissolution

except for the prospective application to it of the Act instead of the

former Act.

(14) Without limiting the applicability of the remainder of the Act,

Division 2 of

Part 14 of the Act applies with respect to an

association that has been revived and continued as a cooperative on

the basis that references in that Part and the remainder of the Act to

dissolution are to be taken to refer to a dissolution not by

section

434(1), but to a subsequent dissolution under Division 2 of

Part 14,

of the Act.

Continuance of extra-provincial associations as extra-provincial

cooperatives

42.3(1) In this section,

(a) "continuance" includes the continuance of registration

as an extra-provincial association under the former Act

into registration as an extra-provincial cooperative

under the Act;

(b) "extra-provincial association" has the meaning assigned

to it in

section 60 of the former Act.

(2) An interested person may, before April 1, 2006, submit an

application to the Director to have the registration of an

extra-provincial association that, immediately before the repeal of

the former Act, was registered as such under the former Act and

that did not comply with

section 434(3) of the Act, continued under

the same name under this section.

(3) The applicant must provide to the Director

(

a) articles of continuance of registration as an

extra-provincial cooperative in the form set by the

Director,

(

b) a declaration, in the form set by the Director and signed

by the directors, that the extra-provincial association

wishes to continue its registration as an extra-provincial

cooperative under the Act, and

(

c) the fee prescribed by

section 1(

h) of

Schedule 1.

(4) While there remains any potential for the registration of an

extra-provincial association to be continued as a result of

subsection (6), its registration is temporarily continued by this

subsection until that continuance or until the deadline established

by subsection (2) has passed without the application for

continuance of registration having been made, whichever occurs

first.

(5) On receipt of documents referred to in subsections (2) and

(3) that are satisfactory to the Director, the Director shall issue a

certificate of continuance of registration of an extra-provincial

cooperative in the form set by the Director.

(6) If the Director issues a certificate of continuance of registration

of an extra-provincial cooperative under subsection (5), then, with

effect from the issue of the certificate, the registration of the

extra-provincial association is continued as the registration of an

extra-provincial cooperative under the Act, and so far as is

potentially applicable to the continuance of registration of an

extra-provincial cooperative, sections 437, 438, 443 and 444 of the

Act apply to it with suitable adaptations.

(7) A certificate of continuance of registration of an

extra-provincial cooperative is conclusive proof for the purposes of

this Regulation and for all other purposes that the registration of

the extra-provincial association was continued as the registration of

an extra-provincial cooperative by this

section with effect from the

issue of the certificate.

Revival of associations dissolved under former Act

42.4(1)

Section 329 of the Act is to be treated as applying with

respect to an association within the meaning of

section 431(

a) of

the Act (deeming however the reference to

section 59 of the former

Act to be a reference to

section 66 of it) that was incorporated by or

under

an Act of Alberta and dissolved under the former Act, as if

that association were a cooperative dissolved under Division 2 of

Part 14 of the Act.

(2) The articles of revival required as a result of subsection

(1) must additionally state in effect whether the revival is for the

purposes to which

section 42.2(3)(

a) or

section 42.2(3)(

b) applies.

(3) If the purposes of the revival are those to which

section

42.2(3)(

a) in effect applies, the application under subsection

(1) applies only to an association that was dissolved on or after the

date that was 3 years before the commencement of this

section and

must be made within 3 years of the date when the dissolution took

effect under the former Act.

THE ALBERTA GAZETTE,

PART II, APRIL 15, 2005