Alberta Gazette — 15 June (ii)
0615 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, JUNE 15, 1998
Alberta Regulation 87/98
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN AMENDMENT
AMENDMENT REGULATION
Filed: May 20, 1998
Made by the Lieutenant Governor in Council (O.C. 200/98) pursuant to
Schedule 5,
section 4 of the Public Sector Pension Plans Act.
1 The Management Employees Pension Plan Amendment Regulation (AR 164/97)
is amended by this Regulation.
Section 3 is amended by striking out "June 1998" and substituting
"December 1999".
Section 5 is amended by striking out "July 1, 1998" and substituting
"January 1, 2000".
------------------------------
Alberta Regulation 88/98
Alberta Heritage Scholarship Act
ALBERTA HERITAGE SCHOLARSHIP AMENDMENT REGULATION
Filed: May 20, 1998
Made by the Lieutenant Governor in Council (O.C. 201/98) pursuant to
section 8 of the Alberta Heritage Scholarship Act.
1 The Alberta Heritage Scholarship Regulation (AR 293/81) is amended by
this Regulation.
Section 6(1)(
c) is amended by adding "or is engaged in an
apprenticeship program as defined in the Apprenticeship and Industry
Training Act" after "institution".
Section 13 is amended
(
a) by adding ", excluding money paid as scholarships established
through gifts or money referred to in
section 2(2)(
b) or (
c) of the Act,"
after "year";
(
b) by striking out "$12 500 000" and substituting "$14 000 000".
Section 3(
b) is applicable for the 1998-99 and subsequent fiscal years.
------------------------------
Alberta Regulation 89/98
Government Organization Act
GRANTS, DONATIONS AND LOANS AMENDMENT REGULATION
Filed: May 20, 1998
Made by the Lieutenant Governor in Council (O.C. 202/98) pursuant to
section 13 of the Government Organization Act.
1 The Grants, Donations and Loans Regulation (AR 315/83) is amended by
this Regulation.
2 The following is added after
section 4:
5(1) The Minister may request applicants to provide information or
documentation to verify any statement made in their application for a
grant.
(2) The Minister may refuse to provide a grant to an applicant who
refuses to comply with a request under subsection (1) and may require the
applicant to repay forthwith, in whole or in part, any grant awarded to or
in favour of the applicant.
(3) The Minister may reassess the amount of a grant to which an
applicant is entitled based on the information and documentation provided
under subsection (1) and may require the applicant to repay forthwith, in
whole or in part, any grant awarded to or in favour of the applicant.
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, 2003.
Schedule 2 is amended in
section 1(b)
(
a) in subclause (ii) by adding "public" after "a";
(
b) by adding "or" at the end of subclause (iii), by striking out
"or" at the end of subclause (iv) and by repealing subclause (v).
Schedule 3 is amended
(
a) in
section 2 by adding the following after subsection (5):
(6) The Minister may refuse to provide a grant under this
Schedule to a student who makes a false or misleading statement in an
application under this Regulation or in any other document required by the
Minister or furnishes the Minister or the government of Alberta or Canada
with any false or misleading information that, in the opinion of the
Minister, materially affects the student's eligibility to receive a grant
under this Schedule.
(
b) in
section 3(1)(a)
(
i) in subclause (
i) by striking out "$15 500" and
substituting "$15 800";
(ii) in subclause (ii) by striking out "$23 250" and
substituting "$23 700";
(
c) by adding the following after
section 3:
3.1(1) If the Minister provides a grant, the Minister may
impose on the recipient any one or more of the following conditions:
(
a) that the fees or accounts payable by the grant
recipient to an educational institution be paid on receipt of the grant;
(
b) that the grant be paid in instalments as prescribed
by the Minister;
(
c) that if a grant recipient receives a grant for a
specific purpose and, in the opinion of the Minister, the grant is not
being utilized for that purpose, the grant recipient repay the part of the
grant that has not been utilized for that purpose;
(
d) that the grant recipient advise the Minister of any
variation in the grant recipient's financial position or circumstances;
(
e) that if the educational institution at which the
grant recipient is registered refunds to the grant recipient any fees or
part of fees, the refund be paid by the grant recipient to the Minister.
(2) Any funds repayable by a grant recipient under subsection
(1) must be paid forthwith unless the Minister otherwise directs.
(3) If a grant is provided to a grant recipient to whom
section 2(6) applies, the Minister may require the grant recipient to repay
forthwith all or part of the grant to the Provincial Treasurer.
------------------------------
Alberta Regulation 90/98
Student Loan Act
STUDENT LOAN AMENDMENT REGULATION
Filed: May 20, 1998
Made by the Lieutenant Governor in Council (O.C. 203/98) pursuant to
section 11 of the Student Loan Act.
1 The Student Loan Regulation (AR 213/70) is amended by this Regulation.
Section 7.1(6) is amended by striking out "3 periods" and substituting
"5 periods".
------------------------------
Alberta Regulation 91/98
Students Finance Act
STUDENTS FINANCE AMENDMENT REGULATION
Filed: May 20, 1998
Made by the Lieutenant Governor in Council (O.C. 204/98) pursuant to
section 11 of the Students Finance Act.
1 The Students Finance Regulation (AR 106/92) is amended by this
Regulation.
Section 6(1) is amended
(
a) in clause (a)
(
i) by striking out "9500" and substituting "9800";
(ii) by striking out "4750" and substituting "4900";
(
b) in clause (b)
(
i) by striking out "14 250" and substituting "14 700";
(ii) by striking out "7125" and substituting "7350";
(
c) in clause (c)(i)
(
i) by striking out "11 500" and substituting "11 800";
(ii) by striking out "5750" and substituting "5900";
(
d) in clause (c)(ii)
(
i) by striking out "17 250" and substituting "17 700";
(ii) by striking out "8625" and substituting "8850".
------------------------------
Alberta Regulation 92/98
Municipal Government Act
AIRPORT VICINITY PROTECTION AREA REPEAL REGULATION
Filed: May 20, 1998
Made by the Lieutenant Governor in Council (O.C. 207/98) pursuant to
section 702 of the Municipal Government Act.
1 The following Regulations are repealed:
(
a) Beiseker Airport Vicinity Protection Area Regulation (AR
289/85);
(
b) Boyle Airport Vicinity Protection Area Regulation (AR 7/89);
(
c) Canmore Airport Vicinity Protection Area Regulation (AR
110/91);
(
d) Drayton Valley Airport Vicinity Protection Area Regulation (AR
226/89);
(
e) Drumheller Airport Vicinity Protection Area Regulation (AR
218/92);
(
f) Forestburg Airport Vicinity Protection Area Regulation (AR
78/87);
(
g) Fort McMurray Airport Vicinity Protection Area Regulation (AR
73/93);
(
h) Fox Creek Airport Vicinity Protection Area Regulation (AR
198/88);
(
i) Grande Cache Airport Vicinity Protection Area Regulation (AR
199/88);
(
j) Grande Prairie Airport Vicinity Protection Area Regulation (AR
239/84);
(
k) Hardisty Airport Vicinity Protection Area Regulation (AR
69/92);
(
l) High River Airport Vicinity Protection Area Regulation (AR
44/87);
(
m) Killam/Sedgewick Airport Vicinity Protection Area Regulation
(AR 13/87);
(
n) Lacombe Airport Vicinity Protection Area Regulation (AR
315/89);
(
o) Lloydminster Airport Vicinity Protection Area Regulation (AR
197/91);
(
p) Mayerthorpe Airport Vicinity Protection Area Regulation (AR
108/85);
(
q) Medicine Hat Municipal Airport Vicinity Protection Area
Regulation (AR 227/91);
(
r) Peace River Airport Vicinity Protection Area Regulation (AR
111/88);
(
s) Pincher Creek Airport Vicinity Protection Area Regulation (AR
227/89);
(
t) Red Earth Airport Vicinity Protection Area Regulation (AR
228/89);
(
u) Spirit River Airport Vicinity Protection Area Regulation (AR
131/93);
(
v) Valleyview Airport Vicinity Protection Area Regulation (AR
200/88);
(
w) Vermilion Airport Vicinity Protection Area Regulation (AR
198/91);
(
x) Wainwright Airport Vicinity Protection Area Regulation (AR
366/92).
2 This Regulation comes into force at the end of December 31, 1998.
------------------------------
Alberta Regulation 93/98
School Act
BOARD OF REFERENCE REGULATION
Filed: May 20, 1998
Made by the Lieutenant Governor in Council (O.C. 210/98) pursuant to
section 122 of the School Act.
Table of Contents
Fees 1
Expenses 2
Classes of costs and expenses 3
Repeal 4
Expiry 5
Fees
1 A member of the Board of Reference is to be paid the following (with
portions of an hour or day being prorated accordingly):
(
a) in respect of pre-hearing matters,
(i) $150 per hour for time spent in the writing of the
pre-hearing decision, and
(ii) $200 per hour for time spent in other pre-hearing
matters, including preliminary motions but excluding preparation for the
hearing,
to a maximum of $2500;
(b) $200 per hour for time actually spent at a hearing before the
Board;
(
c) for time cumulatively spent in preparation for the hearing and
in writing the decision,
(
i) for the first 10 hours of that time, $200 per hour,
and
(ii) thereafter, $150 per hour to a maximum of $8000;
(
d) if the hearing is cancelled within 45 days of the date
scheduled for the hearing, $100 for each day of scheduled hearing time, to
a maximum of $700.
Expenses
2 A member of the Board of Reference is to be paid reasonable travelling
and living expenses incurred by the member in hearing the appeal.
Classes of costs and expenses
3 Amounts paid or payable under sections 1 and 2 are the classes of costs
and expenses for the purposes of
section 122(1) of the School Act.
Repeal
4 The Board of Reference Regulation (AR 117/95) is repealed.
Expiry
5 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2003.
------------------------------
Alberta Regulation 94/98
School Act
SPECIAL SCHOOL TAX LEVY PLEBISCITE REGULATION
Filed: May 20, 1998
Made by the Lieutenant Governor in Council (O.C. 211/98) pursuant to
section 181.1 of the School Act.
Table of Contents
Date of public notice 1
Content of public notice 2
Ballot 3
Repeal 4
Expiry 5
Schedule
Date of public notice
1 If a board passes a resolution authorizing a plebiscite under
section
181.1 of the School Act, the board shall give public notice in accordance
with
section 234(1) of the School Act of the board's resolution during the
30 days immediately before the date on which the plebiscite is to be held.
Content of public notice
2 The public notice under
section 1 shall state
(
a) the amount per year the board estimates would be raised by the
special school tax levy,
(
b) the number of years for which the special school tax levy would
apply, and
(
c) the purpose for which the funds raised by the special school
tax levy would be used by the board.
Ballot
3 A ballot used in a plebiscite authorized under
section 181.1 of the
School Act shall be in the form set out in the
Schedule to this Regulation.
Repeal
4 The Special School Tax Levy Plebiscite Regulation (AR 78/95) is
repealed.
Expiry
5 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on May 1, 2003.
SCHEDULE
FORM
BALLOT
The Board of Trustees of (school jurisdiction) No. is seeking the
approval of electors to levy an additional $ (amount) per year for a
period of (number) year/years through a special school tax levy.
The funds raised will be used for:
Do you approve?
Yes, I am in favour of this special school tax levy.
No, I am against this special school tax levy.
Alberta Regulation 95/98
Child Welfare Act
COURT RULES AND FORMS AMENDMENT REGULATION
Filed: May 20, 1998
Made by the Lieutenant Governor in Council (O.C. 212/98) pursuant to
section 96 of the Child Welfare Act.
1 The Court Rules and Forms Regulation (AR 184/85) is amended by this
Regulation.
Section 7 is amended by striking out "Form 28" and substituting "Form
25".
------------------------------
Alberta Regulation 96/98
Child Welfare Act
ADOPTION AMENDMENT REGULATION
Filed: May 20, 1998
Made by the Minister of Family and Social Services (M.O. 58/98) pursuant to
section 96(2) of the Child Welfare Act.
1 The Adoption Regulation (AR 3/89) is amended by this Regulation.
Section 1.1(d)(ii) is amended by striking out "a director under
section
68.1" and substituting "the Minister under
section 68.11".
Section 2 is amended
(
a) in subsection (2)(
e) by striking out "to whom the application
for a licence is submitted";
(
b) in subsection (3)(
b) by striking out "to whom the application
for renewal is submitted".
Section 16(5) is amended by striking out "director" and substituting
"director or lawyer".
Section 24(3) is amended
(
a) by striking out "A director who" and substituting "If the
Minister";
(
b) by striking out "(2) may" and substituting "(2), the Minister
may".
Section 28 is amended by striking out "A director" and substituting
"The Minister".
Section 43(3) is amended
(
a) by striking out "A director who" and substituting "If the
Minister";
(
b) by striking out "(2) may" and substituting "(2), the Minister
may".
Section 46(1) and (2)(
a) are amended by striking out "the Minister" and
substituting "a director".
Section 48 is amended
(
a) in subsection (1) by striking out "The Minister" and
substituting "A director";
(
b) in subsection (2) by striking out "Minister" wherever it occurs
and substituting "director".
10 In the following provisions "a director" is struck out wherever it
occurs and "the Minister" is substituted:
section 2(1);
section 4;
section 6(2)(e);
section 9(1.1);
section 10(3) and (5);
section 11(1)(b);
section 13(2.1), (3)(b), (5) and (6);
section 16(4)(a);
section 16.1(5)(
a) and (c);
section 18;
section 19;
section 20(2) and (3);
section 21(3);
section 22(1)(
n) and (5);
section 25;
section 26;
section 27;
section 30(1);
section 32;
section 34(2)(c);
section 35(1);
section 37(4) and (5)(a);
section 38;
section 39(1) and (2);
section 40(2);
section 41(1)(f).
11 In the following provisions "the director" is struck out wherever it
occurs and "the Minister" is substituted:
section 2(2)(a), (
e) and (3)(b);
section 9(1.1);
section 10(3);
section 20(3);
section 30(2)(b), (
f) and (3)(b);
section 35(2) and (3);
section 39(2).
12 Form 2 is amended
(
a) by striking out the heading "Signature of Director" and
substituting "Signature of Minister";
(
b) by striking out "(director's signature)" and substituting "(the
Minister's signature)".
13 Form 3 is repealed and the following is substituted:
FORM 3
REQUEST FOR CHILD WELFARE RECORD CHECK
To: The Minister
Alberta Family and Social Services
Name of applicant:
year/ month /day
(full name and all previous names) / /
birthdate
year/ month /day
(full name and all previous names) / /
birthdate
Regarding each applicant:
I have applied to (name of licensed adoption agency)
to: (check one of the following)
place a child in my home for adoption.
process my adoption of a child placed in my home by the parent.
Please check child welfare records for any information about me.
Please send the results of your check to me at:
(address) .
(check one of the following)
I have no other child.
year/ month/ day
My other children are: (name) / /
birthdate
year/ month/ day
(name) /
birthdate
Signatures
year/ month/ day (applicant's
(witness's signature) / / signature)
date
year/ month/ day (applicant's
(witness's signature) / / signature)
date
Results of Child Welfare Record Check
I, (name) , (position) , have conducted a child
welfare record check on (applicant) and report as follows:
I have found no child welfare record indicating that the
applicants might have caused a child to be in need of protective services
in Alberta.
I have the following concern regarding the suitability of the
applicants to have care and custody of a child:
year/ month /day
(Signature) / /
date
14 Form 9, item 5, is amended by striking out "a director" and
substituting "the Minister".
15 Form 10, item 6, is amended by striking out "a director" and
substituting "the Minister".
16 Form 12 is amended by striking out "A director" and substituting "The
Minister".
17 Form 13 is amended
(
a) by striking out "the Minister" wherever it occurs and
substituting "a director";
(
b) by striking out "The Minister" wherever it occurs and
substituting "A director";
(
c) by striking out "(Minister's delegate's signature)" and
substituting "(director's delegate's signature)".
------------------------------
Alberta Regulation 97/98
Child Welfare Act
GENERAL AMENDMENT REGULATION
Filed: May 20, 1998
Made by the Minister of Family and Social Services (M.O. 59/98) pursuant to
section 96(2) of the Child Welfare Act.
1 The General Regulation (AR 192/85) is amended by this Regulation.
Section 5(1) is amended
(
a) by striking out "The Minister may" and substituting "A director
may";
(
b) by striking out "Form 8" and substituting "Form 10";
(
c) by striking out "of the Minister" and substituting "of the
director".
Schedule 1 is amended by repealing Form 9 and substituting the
following:
FORM 9
NOTICE OF APPEAL TO THE APPEAL PANEL
My name is (name) . My address is (address) My
telephone number is (telephone number) .
Right to Appeal
I am a child
I am a guardian of a child
I am under 20 years old and when I turned 18, I had an
agreement with a director or was under the director's guardianship
I hold a search agency licence or I am applying for one
I applied to a licensed adoption agency to have a child placed
in my home for the purpose of adopting and my application was refused
I applied to a director to have a child placed in my home for
the purpose of adopting and my application was refused
I was approved by a director as a foster parent and my approval
has been withdrawn
I am a foster parent or other person who has had the continuous
care of a child for more than 6 of the 12 months immediately preceding the
decision of a director
I applied to a director to become a foster parent and my
application was refused
I hold an adoption agency licence or I am applying for one
I am the Minister
Notice
I have been affected by the decision of
a Child Welfare Director a licensed adoption agency
year/ month/ day
I was told about the decision on / /
date
The decision was about (if the decision was about a child, give the
child's name and birthdate).
The decision I am appealing is
year/ month/
day
(Signature of person appealing) / /
date
4 Form 10 of
Schedule 1 is amended
(
a) by striking out "the Minister" and substituting "a director";
(
b) by striking out "(minister's delegate's signature)" and
substituting "(director's delegate's signature)".
------------------------------
Alberta Regulation 98/98
Mechanical Recording of Evidence Act
SOUND-RECORDING MACHINE AMENDMENT ORDER
Filed: May 21, 1998
Made by the Minister of Justice and Attorney General (M.O. 23/98) pursuant
section 1(
f) of the Mechanical Recording of Evidence Act.
1 The Sound-recording Machine Order (AR 52/97) is amended by this Order.
Section 2 is repealed.
Alberta Regulation 99/98
Safety Codes Act
EXEMPTION AMENDMENT REGULATION
Filed: May 22, 1998
Made by the Minister of Labour (M.O. 015/97) pursuant to
section 2(2) of
the Safety Codes Act.
1 The Exemption Regulation (AR 199/96) is amended by this Regulation.
Section 4 is amended
(
a) by adding "the times specified in" before "Article 4.3.18.3",
by striking out "before September 1, 1996" and substituting "on or before
August 31, 1998" and by striking out "June 30, 1997" and substituting
"August 31, 1999";
(
b) in clause (
a) by adding "and" at the end of subclause (iii) and
by repealing subclauses (
v) and (vi).
------------------------------
Alberta Regulation 100/98
Marketing of Agricultural Products Act
ALBERTA FRESH VEGETABLE PRODUCERS' PLAN
PLEBISCITE REGULATION
Filed: May 28, 1998
Made by the Alberta Agricultural Products Marketing Council pursuant to
section 24 of the Marketing of Agricultural Products Act.
Table of Contents
Definitions 1
Plebiscite 2
Who may vote 3
Returning officer 4
Duties of returning officer 5
Non-receipt of ballot, etc. 6
Requirement to observe the rules 7
Receipt of ballots by returning officer 8
Ballot count 9
Report of results 10
Recount 11
Destruction of ballot 12
Direction of returning officer 13
Substantial compliance 14
Expiry 15
Schedule
Definitions
1 In this Regulation,
(a) "Council" means the Alberta Agricultural Products Marketing
Council;
(b) "eligible producer" means an eligible producer within the
meaning of
section 3(1);
(c) "identification envelope" means an identification envelope in
Form 5 of the Schedule;
(d) "Plan" means the Alberta Fresh Vegetable Producers' Plan
continued under Alberta Regulation 280/96;
(e) "plebiscite" means a plebiscite referred to in
section 24(1)(
b) of the Marketing of Agricultural Products Act;
(f) "producer" means a producer within the meaning of the Alberta
Fresh Vegetable Producers' Plan Regulation (AR 280/96)
(g) "regulated product" means regulated product within the meaning
of the Alberta Fresh Vegetable Producers' Plan Regulation (AR 280/96);
(h) "relevant period" means the 1996 growing period.
Plebiscite
2(1) The Council shall conduct a vote of producers to determine if
producers are in favour of terminating the Plan.
(2) When the returning officer has received from an eligible producer on
or before 4:00 p.m. on June 25, 1998 a signed identification envelope
containing a ballot envelope, that producer is considered to have
registered with the Council for the purposes of the plebiscite.
(3) Notwithstanding subsection (2), an eligible producer is not registered
pursuant to subsection (2) if that eligible producer's identification
envelope is rejected under this Regulation.
(4) For the purpose of the plebiscite, a sufficient number of eligible
producers who produced a sufficient portion of the regulated product will
have registered with the Council if the returning officer has received on
or before 4:00 p.m. on June 25, 1998 one or more signed identification
envelopes, each containing a ballot envelope, from an eligible producer who
has produced the regulated product during the relevant period.
(5) If a sufficient number of eligible producers who produced a sufficient
portion of the regulated product have registered with Council under
subsection (2),
(
a) the Council shall be considered to have caused a plebiscite to
be held, and
(
b) the returning officer shall count the ballots cast in the
plebiscite that were received by the returning officer in accordance with
this Regulation.
(6) If a sufficient number of eligible producers who produced a sufficient
portion of the regulated produced have not registered with the Council
under subsection (2), the plebiscite shall not be proceeded with any
further.
(7) If the termination of the Plan is approved by a majority of the
eligible producers who voted, the plebiscite shall be considered to be in
favour of terminating the Plan.
Who may vote
3(1) A producer whose name appears on the 1996 growers list is eligible to
vote in the plebiscite.
(2) An eligible producer may vote only once in the plebiscite.
(3) Subject to subsection (4), only an individual may vote in the
plebiscite.
(4) For the purposes of the plebiscite only one individual may vote as
the representative of a partnership, corporation or other recognized
business unit.
Returning officer
4 The returning officer shall be a person designated by the Council.
Duties of returning officer
5 The returning officer shall do the following:
(
a) arrange for the printing of the ballots, ballot envelopes and
identification envelopes as set out in the Schedule;
(
b) when satisfied as to the accuracy and completeness of the 1996
growers list, adopt the list as the voters list;
(
c) cause the following to be mailed to every person on the voters
list on or before May 27, 1998:
(
i) the letter of explanation in Form 1 of the
Schedule;
(ii) the voting procedure in Form 2 of the Schedule;
(iii) a ballot in Form 3 of the Schedule;
(iv) a ballot envelope and an identification envelope in
Forms 4 and 5 of the Schedule;
(
d) investigate the name of any person on the voters list in the
event of any objection as to the eligibility of any voter, if the objection
is made in writing and received by the returning officer on or before June
15, 1998;
(
e) strike from the voters list the name of any person who the
returning officer considers, after reasonable investigation, is not
eligible to vote, and so notify that person.
Non-receipt of ballot, etc.
6(1) Where a person
(
a) is on the voters list but has not received a ballot from the
returning officer or has lost the ballot, and
(
b) desires to exercise the right to vote,
that person may apply to the returning officer before 4:30 p.m. on June 15,
1998 for a ballot.
(2) Where a person makes an application under subsection (1), the
returning officer may supply a ballot to that person if the returning
officer is satisfied that the person
(
a) does not have a ballot but is entitled to vote in the
plebiscite, and
(
b) has not previously voted in the plebiscite.
Requirement to observe the rules
7 A person shall not vote unless that person complies with the
requirements of this Regulation and observes the voting procedures set out
in the Schedule.
Receipt of ballots by returning officer
8 On receiving an identification envelope the returning officer shall
(
a) reject the identification envelope if the identification
envelope
(
i) has not been completed appropriately or has not
been signed by the eligible producer, or
(ii) has been tampered with,
(
b) where the identification envelope is not rejected under clause
(a), remove the ballot envelope from the identification envelope and insert
the ballot envelope into the ballot box without putting any identification
mark on the ballot envelope.
Ballot count
9(1) After 4:00 p.m. on June 25, 1998 the returning officer shall open the
ballot box and count the ballots contained in the box in the presence of at
least 2 other persons.
(2) The returning officer shall reject any ballot
(
a) that is received after 4:00 p.m. on June 25, 1998,
(
b) that has not been supplied by the returning officer, or
(
c) that, in the opinion of the returning officer, does not clearly
indicate the voter's choice.
Report of results
10 The returning officer shall report the results of the vote to the
Minister of Agriculture, Food and Rural Development and to the Council.
Recount
11(1) Any eligible producer on the voters list may apply to the returning
officer in writing on or before July 15, 1998 for an official recount of
the ballots.
(2) Where a recount is carried out, the producer that requested the
recount may be present at the recount.
(3) A recount shall be carried out not later than July 30, 1998.
Destruction of ballot
12 The returning officer may destroy all ballots on or after July 31,
Direction of returning officer
13 The returning officer may, at any time, and from time to time, issue
any further directions and take other action as may be necessary for the
proper conduct of the plebiscite.
Substantial compliance
14 A proceeding that is in substantial compliance with this Regulation is
not open to objection on the ground that it is not in strict compliance
with this Regulation.
Expiry
15 This Regulation is repealed effective July 31, 1998.
SCHEDULE
FORM 1
LETTER OF EXPLANATION
To: Alberta Fresh Vegetable Producers
Subject: Plebiscite on the Termination of The Alberta Fresh Vegetable
Producers Plan
In February of 1998, a letter was sent from the Chairman of Marketing
Council asking all fresh vegetable producers and industry to provide
written comments or proposals on what should be done with the Plan. No
responses or proposals have been received.
Therefore, in accordance with the provisions of the Marketing of
Agricultural Products Act, the Alberta Agricultural Products Marketing
Council is conducting a plebiscite to determine if producers are in favour
of terminating the Plan. A vote in favour will mean the discontinuation of
the Plan and the Alberta Fresh Vegetable Producers.
In order to be entitled to vote on this plebiscite, you must be an
"eligible producer".
An "eligible producer" is a producer whose name appears on the 1996 growers
list.
For the purpose of voting on the plebiscite, please find enclosed an
envelope containing the following:
(1) Outline of Voting Procedure
(2) stamped, self-addressed Identification Envelope
(3) Ballot envelope
(4) Ballot
Please read the enclosed material very carefully. If you have any
questions regarding the procedure to be followed, contact the Returning
Officer, Alberta Agricultural Products Marketing Council, 305, 7000 - 113
Street, Edmonton, Alberta, T6H 5T6 (telephone 427-2164, Edmonton).
Please note that ballots must be received in this office no later than 4:00
p.m. on June 25, 1998. To ensure that your ballot is received prior to the
deadline, please return it as soon as possible.
Returning Officer
FORM 2
OUTLINE OF VOTING PROCEDURE
1. Every voter shall mark an "X" in the appropriate space to indicate if
the voter is in favour of terminating the Alberta Fresh Vegetable Producers
Plan.
(
a) If you are in favour of terminating the Plan, you should
indicate with an "X" on the line immediately to the right of "YES"
example
Ballot
(Mark "X" to show your preference)
Are you in Favour of Terminating the
Alberta Fresh Vegetable Producers Plan?
Yes X
(
b) If you are in favour of not terminating the Plan you should
indicate with an "X" in the box immediately to the right of "NO"
example
Ballot
(Mark "X" to show your preference)
Are you in Favour of Terminating the
Alberta Fresh Vegetable Producers Plan?
Yes
No X
2. Every marked ballot shall be placed in the envelope marked "Ballot
Envelope" and then the Ballot Envelope must be sealed.
Do not write on the Ballot Envelope.
3. Every sealed "Ballot Envelope" must be inserted in the Identification
Envelope which must be marked with the eligible producer's name and address
and must be signed by the eligible producer.
Only ballots received by the returning officer by 4:00 p.m. on June 25,
1998 will be accepted.
FORM 3
BALLOT
example
Ballot
(Mark "X" to show your preference)
Are you in Favour of Terminating the
Alberta Fresh Vegetable Producers Plan?
Yes
FORM 4
BALLOT ENVELOPE
Ballot
Envelope
FORM 5
IDENTIFICATION ENVELOPE
Name:
Address:
Signature
Identification Envelope
Returning
Officer
Agricultural
Products Marketing Council
305, 7000 - 113
Street
EDMONTON, AB
T6H 5T6
------------------------------
Alberta Regulation 101/98
Historical Resources Act
DISPOSITIONS REGULATION
Filed: May 28, 1998
Made by the Minister of Community Development pursuant to
section 31 of the
Historical Resources Act.
Table of Contents
Definitions 1
Certificate application 2
Resource acquisition 3
Custody of resources 4
Collection exchange 5
Collection sale, gift 6
Collection lease 7
Disposition of ammonite shell 8
Restrictions 9
Disposition certificate 10
Possession where of value 11
Repeals 12
Expiry 13
Schedules
Definitions
1 In this Regulation,
(a) "ammonite shell" means a work of nature consisting of or
containing evidence of the external skeleton of an extinct cephalopod
having ammonitic sutures, that is, sutures with subdivided lobes and
saddles;
(b) "committee" means the Alberta Palaeontological Advisory
Committee established pursuant to
section 8 of the Act;
(c) "HRA exemption" means an exemption granted under
section 26(2)
of the Act that allows the person to whom it is granted to make an
excavation for the purpose of seeking or collecting any palaeontological
resource listed in
Schedule 1;
(d) "land" means land described in the first column of
Schedule 2.
Certificate application
2(1) A person who possesses an archaeological resource or palaeontological
resource that was collected by that person before July 5, 1978 may apply to
the Minister for a certificate under subsection (2) or (3).
(2) The Minister, on being satisfied that an archaeological resource
referred to in subsection (1) was collected before July 5, 1978, may
register the resource as acquired before July 5, 1978 and issue to the
person a certificate that states that the property in the resource is not
vested in the Crown in right of Alberta.
(3) The Minister, on consultation with the committee and on being
satisfied that a palaeontological resource referred to in subsection
(1) was collected before July 5, 1978, may register the resource as acquired
before July 5, 1978 and issue to the person a certificate that states that
the property in the resource is not vested in the Crown in right of
Alberta.
(4) Subject to subsection (5), any person who has been issued a
certificate under subsection (2) or (3) may not apply for any additional
certificates under this section.
(5) A museum or other institution that is entitled to acquire donated
collections of archaeological resources or palaeontological resources may
apply for additional certificates on receipt of those resources.
Resource acquisition
3(1) A person who possesses a palaeontological resource acquired on or
after July 5, 1978 may apply to the Minister to acquire the property in
that resource that is vested in the Crown in right of Alberta.
(2) On receipt of an application under subsection (1), the Minister may,
on consultation with the committee, dispose of the property in that
resource that is vested in the Crown in right of Alberta by sale or gift to
the person if the resource is listed on the Control List in
Schedule 1 and
the Minister is satisfied that
(
a) the resource
(
i) does not have scientific value, or
(ii) is not of sufficient quality for display purposes,
(
b) the resource is of a type found in such quantity that it is not
required for scientific or display purposes.
(3) The Minister may prescribe a fee or charge for an application under
this section.
Custody of resources
4(1) A person who possesses an archaeological resource or a
palaeontological resource acquired on or after July 5, 1978 that is not
listed on the Control List in
Schedule 1 may apply to the Minister for
custody of the resource.
(2) The Minister may issue to the person applying under subsection (1) a
certificate stating that
(
a) the person has custody of the resource subject to subsection
(3), and
(
b) the property in the resource is vested in the Crown in right of
Alberta.
(3) A person who has custody of a resource under subsection (1) is subject
to the following requirements:
(
a) on the death of the person, and with the prior approval of the
Minister, custody of the archaeological resource or palaeontological
resource may pass to the heirs, executors or administrators of that person;
(
b) on the death of the person, in the absence of heirs, executors
or administrators of that person, custody of the archaeological resource or
palaeontological resource must be returned to the Minister;
(
c) the archaeological resource or palaeontological resource may
not be traded, sold, altered or removed from Alberta without the written
permission of the Minister;
(
d) all or portions of the archaeological resource or
palaeontological resource must be made available to the Minister upon
request for the purpose of professional curation of specimens, scientific
study or analysis, record keeping or display in a public institution;
(
e) any further requirements that the Minister may impose.
(4) The property in all archaeological resources and palaeontological
resources in the custody of a person under this
section is vested in the
Crown in right of Alberta.
(5) A person who has been issued a certificate under subsection (2) may
not apply for any additional certificates under this section.
Collection exchange
5(1) On consultation with the committee, the Minister may exchange a
specimen or collection of palaeontological resources with a government,
museum, institution, non-profit incorporated organization or person for a
specimen or collection of palaeontological resources that in the opinion of
the Minister is of scientific or cultural value to Albertans.
(2) The Minister may exchange a specimen or collection of archaeological
resources with a government, museum, institution, non-profit incorporated
organization or person for a specimen or collection of archaeological
resources that in the opinion of the Minister is of scientific or cultural
value to Albertans.
Collection sale, gift
6(1) On consultation with the committee, the Minister may, if the Minister
considers it to be in the public interest, sell or give a collection of
palaeontological resources to a museum, educational institution or a
non-profit incorporated organization on such conditions as the Minister may
impose which may include any of the following conditions:
(
a) that curatorial services for the collection are provided;
(
b) that scientific study or analysis of the collection is allowed;
(
c) that display of the collection to the public is allowed.
(2) The Minister may, if the Minister considers it to be in the public
interest, sell or give a collection of archaeological resources to a
museum, educational institution or a non-profit incorporated organization
on such conditions as the Minister may impose which may include any of the
following conditions:
(
a) that curatorial services for the collection are provided;
(
b) that scientific study or analysis of the collection is allowed;
(
c) that display of the collection to the public is allowed.
Collection lease
7(1) On consultation with the committee, the Minister may, if the Minister
considers it to be in the public interest, lease a collection of
palaeontological resources to a government, museum, educational
institution, non-profit incorporated organization or person on such
conditions as the Minister may impose which may include any of the
following conditions:
(
a) that curatorial services for the collection are provided;
(
b) that scientific study of the collection is allowed;
(
c) that display of the collection to the public is allowed.
(2) The Minister may, if the Minister considers it to be in the public
interest, lease a collection of archaeological resources to a government,
museum, educational institution, non-profit incorporated organization or
person on such conditions as the Minister may impose which may include any
of the following conditions:
(
a) that curatorial services for the collection are provided;
(
b) that scientific study of the collection is allowed;
(
c) that display of the collection to the public is allowed.
Disposition of ammonite shell
8(1) Subject to this Regulation, the Minister hereby disposes of all the
interest of the Crown in right of Alberta in ammonite shell that naturally
occurs on or under the parcel of land listed in the first column of
Schedule 2 to the respective person listed in the 2nd column of
Schedule 2
if the Minister determines that the ammonite shell
(
a) does not have scientific value, or
(
b) is not of sufficient quality for display purposes.
(2) The Minister may issue a Disposition Certificate to a person described
under subsection (1) or that person's lawful agent, successor or assign.
Restrictions
9 No person shall recover ammonite shell by any means from any land
unless that person
(
a) has an HRA exemption,
(
b) has a permit issued under
section 26(1) of the Act, or
(
c) has received a disposition of the interest of the Crown in
right of Alberta in ammonite shell under
section 8(1).
Disposition certificate
10 Notwithstanding
section 9, no person shall exercise ownership rights
to any ammonite shell recovered from any land until that person has
acquired a Disposition Certificate from the Minister.
Possession where of value
11 The Crown in right of Alberta owns and is entitled to the possession
of any ammonite shell recovered from the land that the Minister determines
to be of scientific or display value.
Repeals
12(1) The Dispositions Regulation (AR 393/87) is repealed.
(2) The Ammonite Shell Disposition Regulation (AR 306/89) is repealed.
Expiry
13 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.
SCHEDULE 1
CONTROL LIST
(
a) ammonite shell, including all gemmological by-products of
ammonite shell
(
b) oyster shell
(
c) petrified wood
(
d) fossil leaf impressions
SCHEDULE 2
Land and Persons Subject to
Ammonite Shell Disposition
Land
Person
section 29, township 6, range 22, west of the 4th meridian, containing 259
hectares, more or less
Kormos Resources Ltd.
section 30, township 6, range 22, west of the 4th meridian, which lies to
the east and south of the St. Mary River, containing 159.554 hectares, more
or less
Kormos Resources Ltd.
section 31, township 6, range 22, west of the 4th meridian, which lies to
the south and east of the St. Mary River, containing 37.2 hectares, more or
less
Kormos Resources Ltd.
section 32, township 6, range 22, west of the 4th meridian, which lies to
the south and east of the St. Mary River, containing 201.28 hectares, more
or less
Kormos Resources Ltd.
south-west quarter of
section 34, township 6, range 22, west of the 4th
meridian, containing 64.7 hectares, more or less
Clara D. Salberg
north half of
section 34, township 6, range 22, west of the 4th meridian,
which lies to the south and east of the St. Mary River, containing 118.1
hectares, more or less
Clara D. Salberg
east half of
section 28, township 6, range 22, west of the 4th meridian,
containing 129 hectares, more or less
William J. Wocknitz
east half of the north-west quarter of
section 33, township 6, range 22,
west of the 4th meridian, containing legal subdivisions 11 and 14
William J. Wocknitz
east half of the south-west quarter of
section 33, township 6, range 22,
west of the 4th meridian, containing legal subdivisions 3 and 6
William J. Wocknitz
west half of
section 3, township 7, range 22, west of the 4th meridian,
which lies to the south of the St. Mary River, containing 39.86 hectares,
more or less
William J. Wocknitz
south-east quarter of
section 4, township 7, range 22, west of the 4th
meridian, which lies to the south of the St. Mary River, containing 12.34
hectares, more or less
William J. Wocknitz
that portion of the north-west quarter of
section 19, township 6, range 22,
west of the 4th meridian, which lies to the south and east of the St. Mary
River, containing 10.1 hectares, more or less
Grace Arlene Huffman
north-east quarter of
section 19, township 6, range 22, west of the 4th
meridian, containing 64.7 hectares, more or less
Lalovee Jensen Mines and Minerals Inc.
north-west quarter of
section 20, township 6, range 22, west of the 4th
meridian, containing 129 hectares, more or less
Lalovee Jensen Mines and Minerals Inc.
west half of
section 4, township 7, range 22, west of the 4th meridian,
which lies to the south of the St. Mary River, containing 34.96 hectares in
the south-west quarter and 14.762 hectares in the north-west quarter, more
or less
367858 Alberta Ltd.
west half of
section 28, township 6, range 22, west of the 4th meridian,
containing 129 hectares, more or less
367858 Alberta Ltd.
west half of
section 33, township 6, range 22, west of the 4th meridian,
containing legal subdivision 4 (16.2 hectares, more or less), legal
subdivision 5 (16.2 hectares, more or less), subdivision 12 (15.94
hectares, more or less) and legal subdivision 13 (15.94 hectares, more or
less)
367858 Alberta Ltd.