Alberta Regulation 154/95

Marketing of Agricultural Products Act

ALBERTA PORK PRODUCERS DEVELOPMENT CORPORATION

PRODUCER PLEBISCITE REGULATION

Filed: July 10, 1995

Made by the Albera Agricultural Products Marketing Council pursuant to

section 25(2) of the Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Plebiscite 2

Who may vote 3

Conduct of plebiscite 4

Returning officer 5

Duties of returning officer, etc. 6

Non-receipt of ballot, etc. 7

Requirement to observe the rules 8

Information meetings 9

Receipt of ballots by returning officer 10

Ballot count 11

Report of results 12

Recount 13

Destruction of ballots 14

Direction of returning officer 15

Implementation of plebiscite results 16

Substantial compliance 17

Schedule

Definitions

1 In this Regulation,

(a) "ballot" means a ballot referred to in Form 3 of the Schedule;

(b) "ballot envelope" means a ballot envelope referred to in Form 4

of the Schedule;

(c) "Board" means the Alberta Pork Producers Development

Corporation;

(d) "Council" means the Alberta Agricultural Products Marketing

Council;

(e) "eligible extra-levy producer" means a pork producer who

(

i) has paid a service charge during the period

commencing on January 6, 1981 and concluding on November 25, 1985, and

(ii) is eligible to receive shares in Fletcher's Fine

Foods Ltd. by way of the patronage dividends declared on December 31, 1992

and December 31, 1993 by virtue of having marketed a hog through the Board

in 1992 or 1993, or in both years;

(f) "eligible producer" means a person who is eligible to vote in

the plebiscite;

(g) "eligible 1994 producer" means a hog producer who

(

i) marketed 3 or more hogs through the Board in 1994,

(ii) paid a service charge before July 31, 1995 in

respect of 3 or more hogs marketed in 1994 other than through the Board;

(h) "identification envelope" means a certificate and registration

envelope referred to in Form 6 of the Schedule;

(i) "information meeting" means an information meeting referred to

section 9;

(j) "Plan" means the Alberta Pork Producers' Marketing Plan, 1968

(Alta. Reg. 195/68);

(k) "plebiscite" means a plebiscite that is conducted pursuant to

this Regulation;

(l) "registered producer" means a registered producer as defined in

the Plan;

(m) "service charge" means a service charge that is paid to the

Board.

Plebiscite

2(1) The Council shall conduct a plebiscite for the purpose of determining

whether the 2 923 977 shares in Fletchers Fine Foods Ltd. should be

allocated to

(

a) eligible 1994 producers, or

(

b) eligible extra-levy producers.

(2) The matter being voted on in the plebiscite shall be decided by a

majority of the eligible producers who have voted in the plebiscite in

accordance with this Regulation.

Who may vote

3(1) A registered producer who

(

a) has marketed hogs within the most recent 18-month period, and

(

b) has been assigned by the Board a farm unit registration number

is eligible to vote in the plebiscite.

(2) For the purposes of subsection (1)(a), the 18-month period is deemed

to have commenced on January 1, 1994.

(3) An eligible producer may vote only once in the plebiscite.

(4) Subject to subsection (5), only an individual may vote in the

plebiscite.

(5) For the purposes of the plebiscite, only one individual may vote as

the representative of a partnership, corporation or other recognized

business unit.

Conduct of plebiscite

4(1) When the returning officer has received by mail an identification

envelope that

(

a) contains a ballot envelope, and

(

b) is appropriately identified and signed by an eligible producer,

that eligible producer is considered to have registered with the Council

for the purposes of the plebiscite.

(2) Notwithstanding subsection (1), an eligible producer is not registered

pursuant to subsection (1) if that eligible producer's identification

envelope is rejected under this Regulation.

Returning officer

5 The returning officer shall be

(

a) Cliff Downey, or

(

b) such other person as may be appointed by the Council.

Duties of returning officer, etc.

6 The duties of the returning officer are the following:

(

a) to supervise and approve all notices and advertisements for the

plebiscite;

(

b) to arrange for the printing of ballots, ballot envelopes and

identification envelopes;

(

c) to obtain from the Board a complete list of names, addresses

and producer numbers of persons who were registered producers during the

period commencing on January 1, 1994 and concluding on June 30, 1995;

(

d) when satisfied as to the accuracy and completeness of the list

obtained under clause (b), to adopt the list as the voters list;

(

e) to cause the following to be mailed by registered mail on or

before July 12, 1995 to every person on the voters list:

(

i) the letter of explanation as set out in Form 1 of

the Schedule;

(ii) the voting procedure as set out in Form 2 of the

Schedule;

(iii) the ballot;

(iv) the ballot envelope and the identification

envelope;

(

f) to strike from the voters list the name of any person who the

returning officer considers, after reasonable investigation, is not

eligible to vote, and to so notify that person.

Non-receipt of ballot, etc.

7(1) Where a registered producer

(

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 July 20,

1995 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

8 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.

Information meetings

9(1) The returning officer shall conduct an information meeting

(

a) in Calgary on July 18, 1995, and,

(

b) in Edmonton on July 20, 1995,

for the purpose only of informing eligible producers with respect to the

voting process.

(2) Subject to this section, the information meetings may be conducted in

a manner as determined by the Council.

Receipt of ballots by returning officer

10 On receiving an identification envelope, the returning officer shall

(

a) reject the identification envelope if

(

i) the identification envelope

(

A) has not been signed by the eligible

producer, or

(

B) does not include the appropriate

producer identification,

(ii) the identification envelope and label have been

tampered with,

and

(

b) if the identification envelope is not rejected under clause

(a), remove the ballot envelope from the identification envelope and insert

the ballot envelope into the voting box without putting any identification

mark on the ballot envelope.

Ballot count

11(1) After all ballot envelopes have been placed in the voting box, the

returning officer shall, after 4:30 p.m. on July 31, 1995, open the voting

box and count the ballots contained in the box in the presence of at least

2 other persons, one of whom represents the Council and one of whom

represents the Board.

(2) The returning officer shall reject any ballot

(

a) that is received after 4:30 p.m. on July 31, 1995,

(

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.

(3) An individual or a representative of any group or association that is

interested in being present while the ballots are being counted may, with

the prior approval of the returning officer, be present at the count.

Report of results

12 On completing the count of the ballots, the returning officer shall

(

a) post the results of the vote in the returning officer's office,

and

(

b) report the results of the vote to the Minister of Agriculture,

Food and Rural Development, the Council and the Board.

Recount

13(1) Any eligible producer who is on the voter's list may apply in

writing to the returning officer for a recount if the vote in the

plebiscite indicates a difference in the results of the plebiscite of less

than 1%.

(2) An application for a recount must be made to the returning officer

within 7 days from the date that the returning officer posts the results of

the plebiscite.

(3) Where a recount is to be conducted,

(

a) the recount shall be conducted by the returning officer on or

before August 11, 1995, and

(

b) the eligible producer who requested the recount may be present

at the recount.

Destruction of ballots

14 The returning officer shall destroy all ballots on or after August 31,

1995, unless otherwise directed by a court or the Council.

Direction of returning officer

15 The returning officer may, at any time, and from time to time, issue

any further directions and take other actions as may be necessary for the

proper conduct of the plebiscite.

Implementa-tion of plebiscite results

16(1) After it has determined the result of the plebiscite, the Council

shall make a direction to the Board under

section 11 of the Act, with the

approval of the Minister, as to the allocation of the 2 923 977 shares in

Fletcher's Fine Foods Ltd.

(2) The direction made by the Council under subsection (1) shall

(

a) be in accordance with the results of the plebiscite, and

(

b) set out the following:

(

i) that a plebiscite has been held under

section 25(2)

of the Act;

(ii) the results of the plebiscite and, specifically,

whether the eligible 1994 producers or the eligible extra-levy producers

are to be allocated the 2 923 977 shares in Fletcher's Fine Foods Ltd.;

(iii) the directions of the Council under

section 11 of

the Act.

Substantial compliance

17 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.

SCHEDULE

FORM 1

LETTER OF EXPLANATION

To: Pork Producers

Subject: Plebiscite on the issue of which pork producers should receive

the 2 923 977 shares in Fletcher's Fine Foods Ltd.

In accordance with the provisions of the Marketing of Agricultural Products

Act, the Alberta Agricultural Products Marketing Council is conducting a

plebiscite on the issue of which pork producers should receive the 1994

patronage dividend shares in Fletcher's Fine Foods Ltd.

A vote in favour of the eligible 1994 producers means that the 2 923 977

shares in Fletcher's would go to those hog producers who marketed 3 or more

hogs through the APPDC in 1994, or paid the APPDC's service charge before

July 31, 1995 in respect of 3 or more hogs marketed in 1994 other than

through the APPDC.

A vote in favour of the eligible extra-levy producers means the 2 923 977

shares in Fletcher's would go to those pork producers who paid the APPDC's

service charge between January 6, 1981 and November 25, 1985 and who are

eligible to receive shares by way of the patronage dividends declared

December 31, 1992 and December 31, 1993. To be eligible to receive

patronage dividends a producer must have marketed a hog through the APPDC

in 1992 or 1993, or both years.

In order to be entitled to vote in this plebiscite, you must be an eligible

producer. An "eligible producer" is a producer who

(

a) has marketed hogs within the most recent 18-month period, and

(

b) has been assigned by the Board a farm unit registration number.

For the purpose of voting on the plebiscite, enclosed are the following:

1. Outline of Voting Procedure

2. Self-addressed Identification Envelope

3. Ballot Envelope

4. Ballot

Also enclosed is a Meeting Notice, together with an information sheet which

briefly summarizes this matter.

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 (telephone

427-2164, Edmonton).

Please note that ballots must be received by the Returning Officer no later

than 4:30 p.m. on July 31, 1995. 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

FOR THE PLEBISCITE

1. Every voter shall mark an "X" in the appropriate space to indicate

the voter's preference.

(

a) If you are in favour of the *eligible 1994 producers receiving

the shares in Fletcher's, indicate with an "X" in the box immediately to

the right of "Eligible 1994 Producers".

example

Ballot

(Mark "X" in one box only to show your preference)

The 2 923 977 shares in Fletcher's should be allocated to:

Eligible 1994 Producers

Eligible Extra-Levy Producers

(

b) If you are in favour of the **eligible extra-levy producers

receiving the shares in Fletcher's, indicate with an "X" in the box

immediately to the right of "Eligible Extra-Levy Producers".

example

Ballot

(Mark "X" in one box only to show your preference)

The 2 923 977 shares in Fletcher's should be allocated to:

Eligible 1994 Producers

Eligible Extra-Levy Producers

*"eligible 1994 producer" means a hog producer who

(

a) marketed 3 or more hogs through the Board in 1994, or

(

b) paid a service charge before July 31, 1995 in respect of 3 or

more hogs marketed in 1994 other than through the Board.

**"eligible extra-levy producer" means a pork producer who

(

a) has paid a service charge during the period commencing on

January 6, 1981 and concluding on November 25, 1985, and

(

b) is eligible to receive shares in Fletcher's Fine Foods Ltd. by

way of the patronage dividends declared on December 31, 1992 and December

31, 1993 by virtue of having marketed a hog through the Board in 1992 or

1993, or in both years.

2. Every marked ballot shall be placed in the envelope marked "Ballot

Envelope" and then the Ballot Envelope must be sealed. Do not write

anything whatsoever on the Ballot Envelope.

3. Every sealed "Ballot Envelope" must be inserted in the Identification

Envelope. The Identification Envelope must be addressed to the returning

officer, be marked with the voter's name, address, producer number, be

signed by the eligible producer and be posted immediately.

Only ballots received by the returning officer no later than 4:30 p.m. on

July 31, 1995 will be accepted.

FORM 3

INFORMATION SHEET

1. Fletcher's, Fletcher's management, Vencap and the APPDC concluded an

agreement in June of 1995 for Vencap and Fletcher's management to invest in

Fletcher's Fine Foods Ltd. As a result of this agreement:

 the APPDC has distributed approximately 7 million shares in

Fletcher's to eligible extra-levy producers;

 the APPDC received a further 2 923 977 shares in Fletcher's.

2. The Board determined in March of 1995 that the 2 923 977 shares in

Fletcher's should be allocated to current 1994 producers. Two producers

appealed this decision to the Marketing of Agricultural Products Act Appeal

Tribunal. The Tribunal rescinded the Board's decision with a

recommendation that a process be developed to determine which producers are

to be allocated these shares.

3. Following this decision of the Tribunal, the Lieutenant Governor in

Council directed that Marketing Council conduct a plebiscite of Alberta

pork producers to determine which producers are to receive the 2 923 977

shares in Fletcher's.

4. The shares will be distributed either to eligible 1994 producers or

eligible extra-levy producers depending on how registered producers vote in

the mail-in ballot.

5. Eligible extra-levy producers are hog producers who paid the Board's

service charge between January 6, 1981 and November 25, 1985 and who are

eligible to receive shares by way of the patronage dividends declared

December 31, 1992 and December 31, 1993. To be eligible to receive

patronage dividends a producer must have marketed a hog through the APPDC

in 1992 or 1993, or both.

6. Eligible 1994 producers are producers who marketed 3 or more hogs

through the APPDC in 1994, or paid the APPDC's service charge before July

31, 1995 in respect of 3 or more hogs marketed in 1994 other than through

the APPDC.

7. Therefore, registered producers will choose one of two options:

 allocate the shares to the eligible extra-levy producers, or

 allocate the shares to the eligible 1994 producers.

8. If the registered producers choose to give the shares to eligible

extra-levy producers, each eligible extra-levy producer will receive

approximately .4* shares per hog marketed in the period between January 6,

1981 and November 25, 1985. Please note that this will be in addition to

the shares already issued to the extra-levy producers.

9. If the producers choose the 1994 producers to receive these shares,

each producer will receive approximately 1.4* shares per hog marketed in

the year 1994.

10. Pursuant to the Marketing of Agricultural Products Act and the

Alberta Pork Producers Marketing Plan, 1968, only registered producers can

vote. A registered producer is a producer who has a registration number

from the Alberta Pork Producers Development Corporation and has marketed at

least one hog through the APPDC or has paid a service charge on at least

one hog to the APPDC in the 18 months before June 30, 1995. Therefore, you

are a registered producer and are entitled to vote if you have marketed

through the APPDC or paid a service charge to the APPDC for a hog marketed

in 1994 at any time between January 1, 1994 and June 30, 1995.

*Please note that these numbers are approximate and cannot be finally

determined until the conclusion of the vote. However, it is not

anticipated that they will change significantly.

FORM 4

BALLOT

Ballot

(Mark "X" in one box only to show your preference)

The 2 923 977 shares in Fletcher's should be allocated to:

Eligible 1994 Producers

Eligible Extra-Levy Producers

FORM 5

BALLOT ENVELOPE

Ballot

Envelope

FORM 6

IDENTIFICATION ENVELOPE

Name:

Address:

Producer #:

Signature:

Identification Envelope

Returning Officer

Agricultural Products Marketing Council

7000 - 113 Street

Edmonton, Alberta

T6H 9Z9

Alberta Regulation 155/95

Environmental Protection and Enhancement Act

PESTICIDE (MINISTERIAL) AMENDMENT REGULATION

Filed: July 10, 1995

Made by the Minister of Environmental Protection (M.O. 38/95) pursuant to

sections 81 and 158 of the Environmental Protection and Enhancement Act.

1 The Pesticide (Ministerial) Regulation (Alta. Reg. 127/93) is amended

by this Regulation.

Section 1(1) is amended by adding the following after clause (h):

(i) "wildlife official" means a wildlife guardian or wildlife

officer appointed by the Minister under the Wildlife Act.

Section 3(2) is amended

(

a) in clause (

c) by striking out "Regulation, or" and substituting

"Regulation";

(

b) in clause (d)

(

i) by striking out "or for the purposes of the

Wildlife Act";

(ii) by adding ", or" at the end of the clause;

(

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

(

e) a wildlife official using or applying pesticides as

part of a program of the Department.

Section 9(2) is amended by striking out "or" at the end of clause (a),

by adding ", or" at the end of clause (

b) and by adding the following after

clause (b):

(

c) the pesticide is a vertebrate toxicant and is used or applied

by a wildlife official in accordance with the latest edition of the

Procedures for Using Vertebrate Toxicants in Alberta published by the

Department.

Section 11 is amended

(

a) in subsection (1)(

a) by adding "or on" after "in";

(

b) by repealing subsection (2) and substituting the following:

(2) Subsection (1) does not apply to

(

a) a person who holds a service approval

under which such a use or application is authorized, or

(

b) a wildlife official using or applying a

vertebrate toxicant in accordance with the latest edition of Procedures for

Using Vertebrate Toxicants in Alberta published by the Department.

Schedule 3 is amended by repealing item 3.

Schedule 4 is amended by adding the following after item 1:

2 Any pesticide that is required to be registered under the Pest

Control Products Act (Canada) and contains the following active

ingredients:

CAS CAPSAICIN

Alberta Regulation 156/95

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: July 10, 1995

Made by the Alberta Energy and Utilities Board pursuant to

section 10 of

the Oil and Gas Conservation Act.

Alberta Regulation 157/95

Students Finance Act

STUDENTS FINANCE AMENDMENT REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 493/95) pursuant to

section 11 of the Students Finance Act.

1 The Students Finance Regulation (Alta. Reg. 106/92) is amended by this

Regulation.

Section 1 is amended

(

a) by repealing clause (e);

(

b) in clause (h)

(

i) by adding the following after subclause (v):

(v.1) has been employed or actively looking

for employment, or both, for 2 periods of at least 12 consecutive months

each,

(ii) in subclause (vi) by striking out "3" and

substituting "4".

Section 2(1) is repealed and the following is substituted:

Requirements to qualify for assistance

2(1) If money is available for the type of assistance being applied

for, the Board may grant assistance to a student in accordance with this

Regulation.

Section 4 is amended by striking out "from the Students Loan Fund or

loans made under any other" and substituting "made under any".

Section 5 is amended by adding the following after subsection (2):

(3) With respect to programs referred to in

section 8(2.1), the

committee may not recommend that a student receive more than the cost of

tuition fees, books and supplies.

Section 6(1) is amended

(

a) by striking out "$8600" and substituting "$8900";

(

b) by striking out "$4300" and substituting "$4450".

Section 7 is amended

(

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

Remissions

7(0.5) In this section, "consolidation of loans agreement"

means an agreement between a borrower and a credit institution

consolidating loans of the borrower with the credit institution and

prescribing terms of repayment of principal and interest.

(

b) in subsection (1) by adding ", in accordance with this

section," after "may";

(

c) in subsection (5)

(

i) in clause (c)

(

A) by adding "but prior to May 1, 1990"

after "1975";

(

B) by striking out "the consolidation" and

substituting "a consolidation";

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

(

d) made under the Student Loan Act on or

after May 1, 1990, the Board may pay a portion of the principal amount

shown on a consolidation of loans agreement when the total indebtedness of

the debtor under the Student Loan Act and the Canada Student Loan Act

(Canada) exceeds the debt limit established by the Board.

Section 8 is amended

(

a) in subsection (1)

(

i) by striking out "or at an institution offering

basic foundation skills programs as defined in

section 22.1";

(ii) in clause (

a) by striking out "and" at the end of

subclause (i), by adding "and" at the end of subclause (ii) and by adding

the following after subclause (ii):

(iii) in the case of a basic

foundations skills program as defined in

section 22.1, the program is

provided in a cost-effective manner,

(

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

(1.1) In determining whether a program under subsection (1) should

be approved, the Board may consider whether the potential for employment

for graduates of the program is satisfactory.

(

c) by repealing subsection (2) and substituting the following:

(2) A loan or grant under subsection (1) shall be based on the

financial need of the student as determined by the Board, including whether

there are other sources of funds available to the student.

(2.1) With respect to those programs identified by the Board, the

Board may authorize a loan or grant in an amount sufficient to cover the

whole or part of the student's tuition fees, books and supplies only.

Section 22.1 is amended by repealing subsection (5) and substituting

the following:

(5) Notwithstanding

section 6, unless otherwise determined by the

Board, the maximum assistance under this

section available for

(

a) an academic year is $14 900, or

(

b) a 12-month period of study is $22 350.

10 In the following provisions "Students Loan Guarantee Act" is struck

out and "Student Loan Act" is substituted:

section 1(i);

section 6(1) and (2);

section 7(5)(

a) and (

c) and (8).

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

section 6

of the Students Finance Amendment Act, 1995.

Alberta Regulation 158/95

Government Organization Act

ENERGY GRANT AMENDMENT REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 496/95) pursuant to

section 13 of the Government Organization Act.

1 The Energy Grant Regulation (Alta. Reg. 309/86) is amended by this

Regulation.

Section 1(2) and (3) are repealed.

3 Schedules 2 and 3 are repealed.

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

Alberta Regulation 159/95

Regulations Act

REPEAL REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 500/95) pursuant to

section 10 of the Regulations Act.

1 The following regulations are repealed:

(

a) Development Drilling Incentive Regulation, 1983 (Alta. Reg.

179/83);

(

b) Exploratory Drilling Incentive Regulations (Alta. Reg. 378/72);

(

c) Exploratory Drilling Incentive Regulations, 1974 (Alta. Reg.

18/74);

(

d) Exploratory Drilling Incentive Regulation, 1978 (Alta. Reg.

27/78);

(

e) Exploratory Drilling Incentive Regulation, 1981 (Alta. Reg.

212/81);

(

f) Geophysical Assistance Regulation (Alta. Reg. 246/86);

(

g) Geophysical Incentive Program Regulations (Alta. Reg. 35/75);

(

h) Geophysical Incentive Program Regulation, 1978 (Alta. Reg.

171/78);

(

i) Geophysical Incentive Program Regulation, 1980 (Alta. Reg.

148/80);

(

j) Geophysical Incentive Regulation, 1981 (Alta. Reg. 213/81);

(

k) Geophysical Incentive Regulation, 1984 (Alta. Reg. 138/84);

(

l) Lloydminster Upgrader Bi-Provincial Project Royalty Adjustment

Regulation (Alta. Reg. 157/86);

(

m) Natural Gas Price Administration Regulation (Alta. Reg.

307/80);

(

n) Natural Gas Pricing Agreement Regulations (Alta. Reg. 127/77);

(

o) Oil and Gas Servicing Incentive Program Regulation (Alta. Reg.

178/83);

(

p) Oil Royalty Exemption Regulation (Alta. Reg. 139/84);

(

q) Petroleum Marketing Regulation, 1985 (Alta. Reg. 153/85);

(

r) Take-or-pay Costs Sharing Regulation (Alta. Reg. 366/86);

(

s) Well Servicing Assistance Regulation (Alta. Reg. 247/86).

Alberta Regulation 160/95

Surveys Act

SURVEY AMENDMENT REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 507/95) pursuant to

section 43 of the Surveys Act.

1 The Survey Regulation (Alta. Reg. 150/88) is amended by this

Regulation.

Section 7 is amended by striking out "shall be submitted to the

Director or to a person with written authorization from the Director for

approval".

Section 8 is repealed.

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

Alberta Regulation 161/95

Hospitals Act

APPLICATION IN RESPECT OF REGIONAL

HEALTH AUTHORITIES REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 508/95) pursuant to

section 1.1 of the Hospitals Act.

Table of Contents

Purpose 1

Powers unaffected 2

Part 1

Application of Act

Hospitals Act applies 3

Part 2

Application of Regulations

Regulations under Hospitals Act 4

Alta. Reg. 243/90 5

Alta. Reg. 244/90 6

Alta. Reg. 319/84 7

Alta. Reg. 247/90 8

Purpose

1 This Regulation is made for the purposes of

section 1.1 of the

Hospitals Act.

Powers unaffected

2 Nothing in this Regulation detracts from the power and authority given

a regional health authority under the Regional Health Authorities Act.

PART 1

APPLICATION OF ACT

Hospitals Act applies

3(1) Except to the extent that it is made inapplicable or its application

is varied by this Regulation, the Hospitals Act applies in respect of

health regions and regional health authorities, and for that purpose

(

a) a reference in the Act (except

section 1.1) to "hospital

district" or "district" shall be interpreted as if it were a reference to

"health region";

(

b) a reference in the Act (except

section 1.1) to "board" when

used with respect to a hospital district or with respect to an approved

hospital that is owned or operated by a district board, and a reference to

"district board" shall be interpreted as if they were references to

"regional health authority";

(

c) a reference in the Act to "non-district hospital" shall be

interpreted as if it were a reference to a hospital other than a hospital

owned or operated by a regional health authority.

(2) In addition to the

interpretation changes made by subsection (1), the

following applies:

(a)

section 8(2)(

d) shall be deemed to read as follows:

(

d) construct, operate, maintain, manage and control

one or more hospitals or nursing homes in the health region,

(b)

section 8(2.1) shall be deemed to read as follows:

(2.1) In addition to the powers referred to in subsection (2), a

regional health authority has the powers referred to in the Nursing Homes

Act in relation to the nursing homes in the health region.

(

c) section 14(a), (b), (c), (

d) and (

f) shall be interpreted as if

"district boards and" were deleted;

(

d) section 14(

g) shall be deemed to read as follows:

(

g) prescribe procedures with respect to the submission

of requisitions by regional health authorities to municipalities and the

powers and duties of municipalities and regional health authorities in

connection therewith;

(e)

section 18(1), (2) and (3) shall be interpreted as if "budget"

read "requisition";

(f)

section 32(2) shall be interpreted as if "the appropriate

officer of the medical staff and of" were deleted.

(3) The following provisions of the Act do not apply:

sections 2 to 7;

section 8(1), (2)(

a) and (b), (2.2), (4) and (5);

section 9(2);

section 10;

section 14(a.1);

section 18(1.1);

section 23;

section 25;

section 29;

section 30;

section 32(3)(e);

section 39(1) and (2);

section 41;

section 44(1)(e);

section 51;

section 62(k.1), (k.2) and (k.3);

sections 68 to 79.

PART 2

APPLICATION OF REGULATIONS

Regulations under Hospitals Act

4 Except to the extent that they are made inapplicable or their

application is varied by this Regulation, the regulations under the

Hospitals Act apply in respect of health regions and regional health

authorities.

Alta. Reg. 243/90

5(1) The Hospital Districts Regulation (Alta. Reg. 243/90) applies, and

for that purpose

(

a) section 1(

b) shall be interpreted as if the references to

"district board" were references to "regional health authority", and

(

b) section 19 shall be interpreted as if the references to

"non-district hospital" were references to a hospital other than a hospital

owned or operated by a regional health authority.

(2) Sections 2 to 18 of that Regulation do not apply.

Alta. Reg. 244/90

6(1) Subject to subsection (2), the Hospitalization Benefits Regulation

(Alta. Reg. 244/90) applies, and for that purpose

section 23 shall be

interpreted as if the references to "non-district hospital" were references

to a hospital other than a hospital owned or operated by a regional health

authority.

(2) Sections 1.1, 17 and 18 of that regulation do not apply.

Alta. Reg. 319/84

7 The Hospital Foundations Regulation (Alta. Reg. 319/84) does not apply.

Alta. Reg. 247/90

8(1) Subject to subsection (2), the Operation of Approved Hospitals

Regulation (Alta. Reg. 247/90) applies, and for that purpose a reference to

"board" when used with respect to an approved hospital shall be deemed to

be a reference to the regional health authority that owns or operates the

hospital.

(2) Sections 2.1, 3, 4(8), 5, 8, 12(1), 28 and 30 of that regulation do

not apply.

Alberta Regulation 162/95

Hospitals Act

HOSPITALIZATION BENEFITS AMENDMENT REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 509/95) pursuant to

section 62 of the Hospitals Act.

1 The Hospitalization Benefits Regulation (Alta. Reg. 244/90) is amended

by this Regulation.

Section 1(1)(m)(vi) is amended by striking out "sections 21(4) and

22(10)(c)" and substituting "section 21(4)".

3 Sections 7, 8, 10, 11, 22 and 25(2) are repealed.

Section 12(1) and (2) are repealed and the following is substituted:

Grants

12(1) The Minister may make grants in respect of the operation of

approved hospitals.

Section 20(1) is amended

(

a) in clause (

a) by striking out ""capital project costs" or

"capital costs" means, in whole or in part," and substituting ""capital

costs" includes the following capital projects costs, in whole or in

part:";

(

b) in clause (

c) by striking out "project".

Section 25(1) is amended

(

a) by striking out "section 18 of the Act from the municipalities

included in a hospital district owning a hospital, or in a district served

by a non-district hospital," and substituting "the Act";

(

b) in clause (

a) by striking out "site costs" and substituting

"site acquisition and related costs".

Section 25.1 is amended by striking out "11(1),".

Alberta Regulation 163/95

Hospitals Act

OPERATION OF APPROVED HOSPITALS AMENDMENT REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 510/95) pursuant to

section 62 of the Hospitals Act.

1 The Operation of Approved Hospitals Regulation (Alta. Reg. 247/90) is

amended by this Regulation.

Section 1(1)(

b) is repealed.

Section 5.1 is repealed.

Section 22(1) is amended by striking out "be a graduate nurse with

special training" and substituting "have training".

Section 27(4) is repealed.

Section 29(1)(

b) and (2) are amended by adding "and Career Development"

after "Education".

Section 35.1 is amended by striking out ", 5.1".

Alberta Regulation 164/95

Public Health Act

APPLICATION IN RESPECT OF REGIONAL

HEALTH AUTHORITIES REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 511/95) pursuant to

section 1.1 of the Public Health Act.

Purpose

1 This Regulation is made for the purposes of

section 1.1 of the Public

Health Act.

Powers unaffected

2 Nothing in this Regulation detracts from the power and authority given

a regional health authority under the Regional Health Authorities Act.

PART 1

APPLICATION OF ACT

Public Health Act applies

3(1) Except to the extent that it is made inapplicable or its application

is varied by this Regulation, the Public Health Act applies in respect of

health regions and regional health authorities, and for that purpose

(

a) a reference in that Act (except

section 1.1) to "health unit"

shall be interpreted as if it were a reference to "health region";

(

b) a reference in that Act (except

section 1.1) to "local board"

or "board" shall be interpreted as if it were a reference to "regional

health authority".

(2) In addition to the

interpretation changes made by subsection (1),

(

a) section 1(

o) of the Act shall be interpreted as if "health

unit" read "regional health authority";

(

b) section 26 of the Act shall be interpreted as if it read as

follows:

26 The Minister may pay grants to a regional health authority in

respect of its activities under this Act.

(3) The following provisions of the Act do not apply:

section 7;

section 8;

section 9;

section 10;

section 11;

section 12;

section 13;

section 14;

section 15;

section 16;

section 17(1)(a), (b), (c), (

f) and (g);

section 18;

sections 22.1 to 22.9;

section 24;

section 27;

section 28;

section 29;

section 75(1)(j.2), (k.1), (l), (l.1), (m), (m.1), (n), (n.1),

(o), (o.1), (o.2) and (r.1).

PART 2

APPLICATION OF REGULATIONS

Regulations apply

4 Except to the extent that they are made inapplicable or their

application is varied by this Regulation, the regulations under the Public

Health Act apply in respect of health regions and regional health

authorities, and for that purpose, references in the regulations to "local

board" shall be read as references to "regional health authority" and

references to "health unit" shall be read as references to "health region".

Alta. Reg. 238/85

5 For the purposes of the application of the Communicable Diseases

Regulation (Alta. Reg. 238/85)

section 1(o.1) of that Regulation shall be

interpreted as if "health unit" read "regional health authority".

Alberta Regulation 165/95

Public Health Act

FINANCIAL ADMINISTRATION REPEAL REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 512/95) pursuant to

section 75 of the Public Health Act.

1 The Financial Administration Regulation (Alta Reg. 102/86) is repealed.

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

Alberta Regulation 166/95

Public Health Act

PUBLIC NOMINATION REPEAL REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 513/95) pursuant to

section 75 of the Public Health Act.

1 The Public Nomination Regulation (Alta. Reg. 243/85) is repealed.

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

Alberta Regulation 167/95

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES AMENDMENT REGULATION

Filed: July 13, 1995

Made by the Lieutenant Governor in Council (O.C. 514/95) pursuant to

section 21 of the Regional Health Authorities Act.

1 The Regional Health Authorities Regulation (Alta. Reg. 15/95) is

amended by this Regulation.

2 Sections 1 and 2 are repealed and the following is substituted:

Definition

1 In this Regulation,

(a) "directive" means a written policy, rule, direction

or guideline issued by the Minister;

(b) "joint venture agreement" means an agreement for a

specific business purpose where the parties to the agreement jointly

control and contribute to the accomplishment of the business purpose.

Fiscal year

1.1 The fiscal year of a regional health authority is from April 1

to March 31.

By-laws

2(1) A regional health authority may make by-laws respecting the

conduct of the business and affairs of the regional health authority

including, without limitation, by-laws respecting the following:

(

a) the calling of meetings of the members and the

conduct of business at those meetings;

(

b) the functions, powers and duties of the officers of

the regional health authority;

(

c) the appointment, removal, functions, powers,

duties, remuneration and benefits of employees of the regional health

authority;

(

d) the establishment, membership, duties and functions

of special, standing and other committees.

(2) A regional health authority shall, on or before September 30,

1995 make by-laws respecting debt, guarantees, indemnities and capital

leasing by the regional health authority, and those by-laws must contain at

least the following:

(

a) the maximum total amount of outstanding debt

obligations, guarantee obligations, indemnity obligations and capital lease

obligations that the regional health authority is permitted to incur, with

separate totals shown for

(

i) with respect to capital asset purposes,

(

A) the maximum permitted debt

obligations, and

(

B) the maximum permitted

capital leasing obligations,

(ii) with respect to working capital

purposes,

(

A) the maximum permitted debt

obligations, and

(

B) the maximum permitted debt

available through lines of credit,

and

(iii) the maximum potential liability that

may be incurred through guarantees and indemnities;

guarantee transactions, indemnity transactions and capital leasing

transactions between the regional health authority and persons and entities

in respect of which it is not dealing at arm's length;

(

c) the disclosure requirements in respect of

transactions referred to in clause (b);

(

d) the means by which and the time within which the

regional health authority will bring itself into compliance with the

requirements of the by-laws and this Regulation respecting debt,

guarantees, indemnities and capital leasing, where the regional health

authority is not in compliance with those requirements on the effective

date of those by-laws;

(

e) any other information specified by the Minister by

notice in writing to the regional health authority.

(3) Money borrowed for the purposes of requisitions shall not be

included in the calculation of the debt limit in by-laws under subsection

(2).

(4) A regional health authority shall, on or before September 30,

1995, make by-laws respecting the investment powers of the regional health

authority, and those by-laws must contain at least the following:

(

a) a list of the types of investments that the

regional health authority is authorized to invest in;

(

b) limits on the amounts that may be invested in

particular types of investments;

transactions with persons and entities in respect of which the regional

health authority is not dealing at arm's length;

(

d) disclosure requirements in respect of transactions

referred to in clause (c);

(

e) the means by which and the time within which the

regional health authority will bring itself into compliance with the

requirements of the by-laws and this Regulation respecting investments,

where the regional health authority is not in compliance with those

requirements on the effective date of those by-laws;

(

f) any other information specified by the Minister by

notice in writing to the regional health authority.

(5) No by-laws under this section, and no amendment to or

replacement of them, are effective until they have been approved by the

Minister.

(6) Where the Minister receives by-laws for approval, the Minister

may

(

a) approve the by-laws as submitted, or

(

b) refer the by-laws back to the regional health

authority with directions to make changes.

(7) The Minister may by directive order a regional health authority

to amend or repeal its by-laws in accordance with the order.

(8) If there is a conflict between the by-laws and the Act, a

regulation under the Act or an enactment that is made applicable by a

regulation under the Act, then the Act, regulation or enactment prevails.

(9) A regional health authority shall comply with its by-laws under

this section.

Resolution re borrowing and capital leasing

2.1(1) Except for borrowing transactions made on a line of credit,

each transaction of a regional health authority relating to debt,

guarantees, indemnities or capital leasing must be approved by resolution

in advance of the transaction and recorded in the minutes of the meeting at

which the resolution was approved.

(2) The minutes must contain the following:

(

a) in the case of a debt obligation, the maximum

amount of money to be borrowed and the purposes for which the money is to

be borrowed;

(

b) in the case of an indemnity or guarantee,

(

i) the maximum amount of the potential

liability of the regional health authority under the indemnity or

guarantee,

(ii) the purpose for which the indemnity or

guarantee is given, and

indemnity or guarantee;

(

c) in the case of a capital leasing transaction, the

purpose for entering into the capital leasing transaction and the value of

the assets that will be leased;

obligation or the payment under the capital leasing obligation;

(

e) the source of the money from which the debt

obligation or the payments under the capital leasing obligation will be

paid;

(

f) the source of the money from which potential

liability on indemnities and guarantees will be paid;

(

g) the nature of the involvement in the transaction of

any person or entity in respect of which the regional health authority is

not dealing at arm's length.

Borrowing powers and restrictions

2.2(1) No regional health authority shall borrow for the purpose of

financing the purchase of securities within the meaning of the Securities

Act.

(2) A regional health authority may borrow all or part of the amount

of a requisition if the Minister has approved the requisition and the

borrowing.

(3) Where a regional health authority borrows for the purposes of

acquiring or constructing a capital asset, the repayment term of the loan

must not exceed the estimated useful life of the capital asset.

(4) Subsection (3) does not apply to the acquisition of land without

improvements.

(5) No regional health authority shall borrow for the purpose of

financing an ancillary operation as defined in

section 2.8 unless the

following conditions are met:

(

a) the estimated net revenue to be generated by the

ancillary operation must be at least equal to the amount to be repaid under

the borrowing;

(

b) no property other than property wholly used or to

be used in the ancillary operation may be given as security for the

repayment of the loan.

(6) Where a regional health authority borrows in a foreign

currency, it shall ensure that the risk of exchange rate fluctuations for

the payment of the principal and interest amounts are offset or reduced in

accordance with

section 2.4(6), (7) and (8).

(7) Where a regional health authority enters into a transaction

referred to in

section 2.1(1) or establishes or amends a line of credit it

shall disclose to all parties to the transaction that the Crown is not

obligated to pay any debt obligations of the regional health authority

except where the Crown has specifically assumed such an obligation.

Resolution re investment

2.3(1) Each investment decision of a regional health authority must

be approved or ratified by resolution and recorded in the minutes of the

meeting at which it was approved or ratified.

(2) Subsection (1) does not apply to an investment referred to in

section 2.4(11).

(3) The minutes must contain the following:

(

a) a description of the investment;

(

b) the amount of money invested or to be invested and

the purpose for which the money is or is to be invested;

(

d) the nature of the involvement in the investment

transaction of any person or entity in respect of which the regional health

authority is not dealing at arm's length.

Investment powers and restrictions

2.4(1) A regional health authority shall adhere to prudent

investment standards in making investment decisions.

(2) For the purposes of subsection (1) prudent investment standards

are those that, in the overall context of an investment portfolio, a

reasonable and prudent person would apply to investments made on behalf of

another person with whom there exists a fiduciary relationship to make such

investments without undue risk of loss or impairment and with a reasonable

expectation of fair return or appreciation.

(3) A regional health authority may, with the approval of the

Provincial Treasurer, be a depositor in the Consolidated Cash Investment

Trust Fund.

(4) A regional health authority may invest in securities within the

meaning of the Securities Act.

(5) Where a regional health authority invests in securities within

the meaning of the Securities Act, it may not hold beneficially, directly

or indirectly, more than 5% of the aggregate of the equity and debt of the

entity in which the investment is made.

(6) A regional health authority may

(

a) enter into swap or forward contracts, and

(

b) purchase financial futures or options

only where the purpose of the transaction is to offset or reduce the

risk of exchange rate fluctuations associated with the liabilities in

respect of specific assets or groups of assets to be acquired or that are

owned or operated by the regional health authority.

(7) A transaction under subsection (6) must be approved by

resolution in advance of the transaction and recorded in the minutes of the

meeting at which the resolution was approved.

(8) A regional health authority shall not enter into transactions

referred to in subsection (6) unless the person or entity with whom it

conducts the transaction has a debt rating that is at least equivalent to

the debt rating given to the Province of Alberta by an agency specified by

the Minister for the purpose.

(9) A regional health authority that enters into transactions

referred to in subsection (6) shall establish policies and procedures to

measure and monitor the risks associated with such transactions.

(10) No regional health authority shall engage in short selling of

securities.

(11) A regional health authority shall not invest funds that are

required to meet liabilities and operating requirements during the next 365

days in any investment vehicle other than one or more of the following:

(

a) interest-bearing accounts managed by a

deposit-taking institution in Canada;

(

b) securities that are issued or guaranteed by the

(

c) securities that are issued by a deposit-taking

institution in Canada;

(

d) money market mutual fund units where the investment

policy of the fund ensures that at least 90% of the assets of the fund

consist of securities that are issued or guaranteed by the Government of

Canada or any province.

(12) The term of an investment vehicle under subsection (11)(b), (

c) or (

d) shall not exceed one year.

Other limitations

2.5(1) Subject to this section, no regional health authority shall

give an indemnity or guarantee with respect to the obligations of another

person.

(2) A regional health authority may give an indemnity or guarantee

with respect to the obligations of a subsidiary health corporation of the

regional health authority.

(3) A regional health authority shall ensure that its potential

liability under an indemnity or guarantee under subsection (2) does not

exceed the lesser of

(

a) the value of the regional health authority's equity

investment in the subsidiary, and

(

b) an amount determined by multiplying the regional

health authority's percentage ownership of the subsidiary times the total

debt obligations of the subsidiary.

(4) Section 119 of the Business Corporations Act applies in respect

of a regional health authority.

(5) A regional health authority may indemnify its employees and

former employees, and for that purpose

section 119 of the Business

Corporations Act applies and shall be interpreted as if references to

directors and officers of the corporation were references to employees of

the regional health authority.

(6) No regional health authority shall give an indemnity or

guarantee with respect to the obligations of a foundation.

Joint venture agreement

2.51 A regional health authority that enters into a joint venture

agreement shall ensure that the regional health authority's financial

commitment in the agreement is clearly specified in the agreement or can be

Acquisition and disposal of land

2.6 No regional health authority shall

(

a) enter into an agreement for the purchase or lease

of an interest in land, or

(

b) dispose of an interest in land

without the prior written consent of the Minister.

Demolition of buildings

2.61 No regional health authority shall without the written consent

of the Minister demolish

(

a) a health care facility, or

(

b) another structure used for health care purposes

that has a value in excess of an amount specified by the Minister in

a directive.

Capitalized assets and equipment

2.62 Where a regional health authority acquires or disposes of

(

a) a capitalized asset, other than an interest in

land, or

(

b) equipment,

it shall do so in accordance with written policies and rules issued

by the Minister for the purpose and given to the regional health authority.

Capital development project

2.7(1) No regional health authority shall without the written

consent of the Minister enter into a capital development project that has a

value in excess of an amount specified by the Minister in a directive.

(2) A regional health authority that enters into a capital

development project referred to in subsection (1) shall comply with written

policies and rules issued by the Minister for the purpose and given to the

regional health authority.

Transfer of property

2.71(1) Subject to this section, no regional health authority shall

confer a benefit on or transfer property, including money, to any person

unless the regional health authority receives fair value in exchange for

the benefit or transfer.

(2) Subject to any applicable directives issued by the Minister, a

regional health authority may make repayable advances to assist a

foundation that is established or continued under the Regional Health

Authorities Foundations Regulation (Alta. Reg. 16/95).

(3) A regional health authority may, subject to the regional health

authority's ensuring that existing trust conditions, if any, are complied

with, transfer any property received by means of a bequest, donation or

other gift to a foundation established or continued under the Regional

Health Authorities Foundations Regulation (Alta. Reg. 16/95) or exempted by

the Minister under

section 77(2) of the Hospitals Act.

(4) A regional health authority shall not subsidize the operations

of a foundation.

(5) All costs incurred by a regional health authority on behalf of a

foundation must be charged to the foundation.

Ancillary operations

2.8(1) In this section,

(a) "ancillary operation" means the sale of goods and

services that are unrelated to the direct provision of health services for

which a regional health authority is responsible;

(b) "health system participants" means

(

i) persons in direct receipt of health

services provided by the regional health authority;

(ii) subsidiary health corporations, persons

or entities with whom the regional health authority has a joint venture

agreement and community health councils;

(iii) health service providers;

(iv) other persons or entities as determined

by the Minister.

(2) The Minister shall notify regional health authorities in writing

of any persons or entities the Minister determines to be health system

participants under subsection (1)(b)(iv).

(3) A regional health authority may engage in an ancillary operation

itself or through a subsidiary health corporation or joint venture

agreement, and a reference in this

section to an ancillary operation

includes an ancillary operation engaged in by any of those means.

(4) No regional health authority shall engage in an ancillary

operation without the prior written approval of the Minister.

(5) Subsection (4) does not apply in respect of an ancillary

operation that was being engaged in by an existing health authority on the

date the affairs of the existing health authority were taken over by the

regional health authority.

(6) A regional health authority may market ancillary operations to

other regional health authorities and to provincial health boards.

(7) A regional health authority shall ensure that the majority of

the business activity related to an ancillary operation takes place within

the health region.

(8) A regional health authority shall ensure that the majority of

the business activity related to an ancillary operation is marketed to

health system participants.

(9) Where a regional health authority charges fees in connection

with an ancillary operation, it shall do so in accordance with any

directives issued by the Minister.

(10) Where a regional health authority engages in an ancillary

operation and markets the ancillary operation to non-health system

participants, the regional health authority shall ensure that the fees

charged in connection with the ancillary operation include a margin which

estimates equivalent market rates for amortization of capital assets,

taxes, costs of capital and other direct or indirect costs related to the

ancillary operation.

(11) Subsections (7), (8) and (10) do not apply in respect of

ancillary operations that are marketed to other regional health authorities

or to provincial health boards.

(12) The Minister may, on the request of a regional health

authority, exempt a regional health authority from the requirements of

subsection (7) or (8) or both.

(13) No regional health authority shall use

(

a) general grants provided by the Crown, or

(

b) health service fees or charges that the regional

health authority is authorized to collect

to subsidize an ancillary operation unless the money comes from

accumulated surplus as defined in

section 2.9(1)(

b) or the Minister

approves the use of the money for that purpose.

(14) All costs incurred by a regional health authority in engaging

in an ancillary operation must be charged to the ancillary operation.

(15) The Minister may by directive order a regional health authority

(

a) to cease engaging in an ancillary operation, or

the Minister in respect of an ancillary operation that the regional health

authority is engaging in.

Surplus and deficit

2.9(1) In this section,

(a) "accumulated deficit" means a negative amount when

summing the following amounts in the statement of financial position, as

shown in the audited financial statements:

(

i) the accumulated deficit;

(ii) the internally restricted or authority

designated net assets;

(b) "accumulated surplus" means the sum of the

following amounts in the statement of financial position, as shown in the

audited financial statements:

(

i) the unrestricted or available net

assets;

(ii) the internally restricted or authority

designated net assets.

(2) A regional health authority may use an accumulated surplus for

any purpose related to

(

a) the provision of health services or health related

services to benefit the residents of Alberta, or

(

b) an ancillary operation.

(3) The funding of an accumulated deficit is the responsibility of

the regional health authority.

Charitable annuities

2.91(1) Where a regional health authority receives a donation of

money that is subject to a condition requiring the payment of interest on

the money or an annuity to any person, the regional health authority shall

comply with the following:

(

a) the regional health authority shall establish a

trust fund and hold the money in the trust fund;

(

b) where the condition requires the payment of an

annuity, the regional health authority may

(

i) purchase an annuity for the annuitant,

(ii) make the annuity payments out of the

trust fund;

(

c) where the condition requires the payment of

interest, the regional health authority shall make those payments out of

the trust fund;

(

d) where the regional health authority acts under

clause (b)(ii) or (c),

(

i) the regional health authority shall not

use any of the money for its own purposes until its obligation to make

those payments has ended, and

(ii) the regional health authority shall

invest the principal amount in one or more investment vehicles referred to

section 2.4(11).

(2) Only the donation and the income earned on the donation may be

used to make the payments under subsection (1).

3 The following is added after

section 6:

Auditor

7(1) Where the Minister intends to appoint the Auditor General as

the auditor for a regional health authority, the Minister shall give at

least 90 days' written notice of the appointment to the regional health

authority.

(2) Where the Minister appoints the Auditor General as the auditor

of a regional health authority, the appointment of an auditor appointed by

the regional health authority ceases on the earlier of

(

a) the expiry of the auditor's term,

(

b) the effective date of the cancellation of the

auditor's appointment by the regional health authority, and

(

c) the effective date of the appointment of the

Auditor General as auditor.

(3) Where the Minister has appointed the Auditor General as the

auditor of a regional health authority and that appointment is subsisting,

the regional health authority may not appoint an auditor under

section

12(3) of the Act.

(4) The Minister may cancel the appointment of the Auditor General

as auditor of a regional health authority on 90 days' written notice to the

regional health authority.

(5) Where the Minister cancels an appointment under subsection (4),

the regional health authority shall appoint an auditor before the end of

the fiscal year.

8 The Minister may give any consent or approval that the Minister

is authorized to give under this Regulation subject to any terms and

conditions the Minister considers appropriate.

Compliance with directives

9 A regional health authority shall comply with all directives.

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

Alberta Regulation 168/95

Alberta Housing Act

MANAGEMENT BODY OPERATION AND ADMINISTRATION

AMENDMENT REGULATION

Filed: July 17, 1995

Made by the Minister of Municipal Affairs (M.O. H:122/95) pursuant to

section 34 of the Alberta Housing Act.

1 The Management Body Operation and Administration Regulation (Alta. Reg.

243/94) is amended by this Regulation.

Section 1(2) is repealed.

3 Sections 5 and 6 are repealed and the following is substituted:

Definitions

5 In sections 5.1 to 5.92,

(a) "corporation", "director", "distributing

corporation", "officer", "shareholder", "voting rights" and "voting

shares" have the meanings given to them in the Business Corporations Act;

(b) "member" means a member of a board;

(c) "member's family" means the member's spouse, the

member's children, the parents of the member and the parents of the

member's spouse;

(d) "spouse"

(

i) includes a party to a relationship

between a man and a woman who are living together on a bona fide domestic

basis, and

(ii) does not include a spouse who is living

apart from the other spouse if the spouses have separated pursuant to a

written separation agreement or if their support obligations and family

property have been dealt with by a court order.

No quorum

5.1(1) The Minister may make an order described in subsection (2) in

the following situations:

(

a) where vacancies on a board through resignations or

disqualifications have reduced the number of members to less than a quorum;

(

b) where the number of members able to attend a board

meeting is less than a quorum;

(

c) where members are required to abstain from voting

on a matter or are permitted to abstain from voting on a matter and have

decided to abstain and the number of remaining members able to vote is less

than a quorum.

(2) If subsection (1) applies, the Minister may order that the

remaining members constitute a quorum.

(3) In a situation described in subsection (1)(c), the Minister may,

as an alternative to the option in subsection (2), order that all members

may vote on the matter if otherwise eligible.

(4) A member is not disqualified for having voted on a matter in

accordance with the Minister's order under subsection (3).

Pecuniary interest

5.2(1) Subject to subsection (3), a member has a pecuniary interest

in a matter if

(

a) the matter could monetarily affect the member or an

employer of the member, or

(

b) the member knows or should know that the matter

could monetarily affect the member's family.

(2) For the purposes of subsection (1), a person is monetarily

affected by a matter, if the matter monetarily affects

(

a) the person directly,

(

b) a corporation, other than a distributing

corporation, in which the person is a shareholder, director or officer,

(

c) a distributing corporation in which the person

beneficially owns voting shares carrying at least 10% of the voting rights

attached to the voting shares of the corporation or of which the person is

a director or officer, or

(

d) a partnership or firm of which the person is a

member.

(3) A member does not have a pecuniary interest by reason only of

any interest

(

a) that the member, an employer of the member or a

member of the member's family may have as a tenant of the housing

accommodation that is operated and administered by the management body,

(

b) that the member or a member of the member's family

may have by reason of being appointed by the board as a director of a

company incorporated for the purpose of carrying on business for and on

behalf of the management body or by reason of being appointed as the

representative of the board on another body,

(

c) that the member or a member of the member's family

may have with respect to any allowance, honorarium, remuneration or benefit

to which the member or member of the member's family may be entitled by

being appointed by the board to a position described in clause (b),

(

d) that the member may have with respect to any

allowance, honorarium, remuneration or benefit to which the member may be

entitled by being a member,

(

e) that the member or a member of the member's family

Alberta or a federal or provincial Crown corporation or agency, except with

respect to a matter directly affecting the department, corporation or

agency of which the member or member of the member's family is an employee,

(

f) that a member of the member's family may have by

having an employer, other than the management body, that is monetarily

affected by a decision of the management body,

(

g) that the member or a member of the member's family

may have by being a member or director of a credit union, a co-operative

association or a non-profit organization formed under an enactment or a

service club,

(

h) of the member, an employer of the member or a

member of the member's family that is held in common with the majority of

the tenants of the housing accommodation that is operated and administered

by the management body,

(

i) that is so remote or insignificant that it cannot

reasonably be regarded as likely to influence the member, or

(

j) that a member may have by discussing or voting on a

matter that applies to businesses or business activities when the member,

an employer of the member or a member of the member's family has an

interest in a business, unless the only business affected by the matter is

the business of the member, employer of the member or the member's family.

(4) Subsection (3)(

g) does not apply to a member who is an employee

of a credit union, co-operative association or organization referred to in

that clause.

Statement of disclosure

5.3 A board may by resolution

(

a) require that each member file with the chief

administrative officer a statement of the name or names of

(

i) the members of the member's family,

(ii) the employers of the member,

(iii) each corporation, other than a

distributing corporation, in which the member is a shareholder, director or

officer,

(iv) each distributing corporation in which

the member beneficially owns voting shares carrying at least 10% of the

voting rights attached to the voting shares of the corporation or of which

the member is a director or officer, and

(

v) each partnership or firm of which the

member is a member,

and

(

b) require the chief administrative officer to compile

a list of all the names reported on the statements filed with the chief

administrative officer and give a copy of the list to the employees of the

management body indicated in the bylaw.

Disclosure of pecuniary interest

5.4(1) When a member has a pecuniary interest in a matter before the

board, a board committee or any other body to which the member is appointed

as a representative of the board, the member must, if present,

(

a) disclose the general nature of the pecuniary

interest prior to any discussion of the matter,

(

b) abstain from voting on any question relating to the

matter,

(

c) subject to subsection (3), abstain from any

discussion of the matter, and

(

d) subject to subsections (2) and (3), leave the room

in which the meeting is being held until discussion and voting on the

matter are concluded.

(2) If the matter with respect to which the member has a pecuniary

interest is the payment of an account for which funds have previously been

committed, it is not necessary for the member to leave the room.

(3) If the matter with respect to which the member has a pecuniary

interest is a question on which the member as a tenant in the housing

accommodation that is operated and administered by the management body has

a right to be heard by the board,

(

a) it is not necessary for the member to leave the

room, and

(

b) the member may exercise a right to be heard in the

same manner as a person who is not a member.

(4) If a member is temporarily absent from a meeting when a matter

in which the member has a pecuniary interest arises, the member must

immediately on returning to the meeting, or as soon as the member becomes

aware that the matter has been considered, disclose the general nature of

the member's interest in the matter.

(5) The abstention of a member under subsection (1) and the

disclosure of a member's interest under subsection (1) or (4) must be

recorded in the minutes of the meeting.

(6) If a member has disclosed a pecuniary interest at a board

committee meeting and the board considers a report of the committee in

respect of which the member disclosed a pecuniary interest, the member must

disclose the pecuniary interest at the board meeting and subsection

(1) applies to the member.

Effect of pecuniary interest in agreements

5.5 No agreement with a management body under which a member of the

management body has a pecuniary interest is binding on the management body

unless

(

a) the agreement is for work in an emergency,

(

b) the agreement is for the sale of goods or the

provision of services to the management body or to persons contracting with

the management body at competitive prices by a dealer in those goods or

services and the agreement is incidental to or in the ordinary course of

the dealer's business,

(

c) the proposed agreement is approved by the board

before the agreement is signed by the management body, or

(

d) the agreement was entered into before the term of

the member started.

Disqualifica-tion of board members

5.6(1) A board member is disqualified from the board if

(

a) the member becomes a judge of a court or a member

of the Senate or House of Commons of Canada or of the Legislative Assembly

of Alberta,

(

b) the member is absent from 2 consecutive regular

board meetings, unless subsection (2) applies,

(

c) the member is convicted of an offence punishable by

imprisonment for 5 or more years,

(

d) the member does not vote on a matter at a board

meeting at which the member is present, unless the member is required or is

permitted to abstain from voting under this or any other enactment,

(

e) the member discloses information the member is

required to keep in confidence under this or any other enactment,

(

f) the member contravenes

section 5.4,

(

g) the member has a pecuniary interest in an agreement

that is not binding on the management body by reason of the operation of

section 5.5,

(

h) the member uses information obtained through being

on the board to gain a pecuniary benefit in respect of any matter,

(

i) the member becomes an employee of the management

body, unless subsection (3) applies,

(

j) the member becomes liable to the management body

under

section 21(2), or

(

k) the member acts contrary to an order or direction

of the Minister under the Act or any other enactment.

(2) A board member is not disqualified by being absent from regular

board meetings under subsection (1)(

b) if the absence is authorized by the

board any time before the end of the next regular meeting of the board

immediately following the second meeting missed.

(3) A board member is not disqualified by reason of the operation of

subsection (1)(

i) if the board authorizes the member's continued membership

any time before the end of the next regular board meeting occurring after

the member became an employee of the management body.

Resignation on disquali-fication

5.7(1) A member who is disqualified must resign immediately.

(2) If a member does not resign immediately,

(

a) the board may apply by originating notice to a

judge of the Court of Queen's Bench for

(

i) an order determining whether the person

was never qualified to be or has ceased to be qualified to remain a member,

(ii) an order declaring the person to be

disqualified from the board,

(

b) a tenant of housing accommodation operated and

administered by a management body who

(

i) files an affidavit showing reasonable

grounds for believing that a person never was or has ceased to be qualified

as a member of the board of the management body, and

(ii) pays into court the sum of $500 as

security for costs,

may apply by originating notice to a judge of the

Court of Queen's Bench for an order declaring the person to be disqualified

from the board.

(3) An application under this

section may only be made within 3

years of the date the disqualification is alleged to have occurred.

(4) An application under this

section may be started or continued

whether or not an election has been held or a reappointment has been made

between the time the disqualification is alleged to have occurred and the

time the application is or was commenced and whether or not the person in

respect of whom the application is being brought

(

a) was re-elected in the election or was reappointed,

(

b) was not re-elected or did not run in the election

or was not reappointed, or

(

c) has completed a term of office.

Decision on disquali-fication application

5.8(1) After hearing an application under

section 5.7 and any

evidence, either oral or by affidavit, that is required, the judge may

(

a) declare the person to be disqualified and a

position on the board to be vacant,

(

b) declare the person able to remain a member, or

(

c) dismiss the application.

(2) If a judge declares a person disqualified because information

obtained through being on the board was used to gain a pecuniary benefit,

the judge may order the person to pay to the management body a sum of

damages determined by the court.

Inadvertence or genuine error

5.9 A judge who hears an application under

section 5.7 and finds

that the person is disqualified under

section 5.6(1)(d), (

g) or (

h) may

still dismiss the application if the judge is of the opinion that the

disqualification arose inadvertently or by reason of a genuine error in

judgment.

Appeal

5.91(1) The decision of a judge under

section 5.8 may be appealed to

the Court of Appeal.

(2) A person who is declared disqualified under

section 5.8 and

appeals that declaration remains disqualified until the appeal is finally

determined.

(3) If, on the final determination of the appeal, the

disqualification is set aside,

(

a) the Court must reinstate the person as a member for

any unexpired portion of the term of office for which the person was

elected or appointed and require any person who has been elected or

appointed to fill the balance of that term to vacate the office, and

(

b) the Court may order that any money paid to the

management body under

section 5.8(2) be repaid.

(4) If on the final disposition of the appeal the disqualification

is set aside but the term of office for which the person was elected or

appointed has expired, the person must not be reinstated but is eligible to

be elected at the next election or reappointed, as the case may be, if

otherwise qualified.

Reimburse-ment of costs and expenses

5.92 The board may reimburse the person in respect of whom an

application under

section 5.7 was made for any costs and expenses that the

board considers reasonable, other than costs that have already been awarded

to the person by the judge, if

(

a) the application is dismissed, or

(

b) an order is issued declaring the person able to

remain a member.

Section 34 is amended

(

a) by repealing subsection (7) and substituting the following:

(7) A management body shall obtain crime insurance, including a

fidelity bond, in an amount covering the management body's exposure for

loss resulting from theft, fraud and other similar offences, whether

committed by its employees or by other persons.

(

b) in subsection (8) by striking out "insurance and surety".

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

Alberta Regulation 169/95

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES (MINISTERIAL)

AMENDMENT REGULATION

Filed: July 17, 1995

Made by the Minister of Health (M.O. 203/95) pursuant to

section 22 of the

Regional Health Authorities Act.

1 The Regional Health Authorities (Ministerial) Regulation (Alta. Reg.

17/95) is amended by this Regulation.

2 The following is added after

section 1:

Annual report

2(1) The annual report required under

section 13 of the Act consists

(

a) the audited financial statements of the regional

health authority,

(

b) the information referred to in

section 3, and

(

c) any other information specified by the Minister by

notice in writing directed to the regional health authority.

(2) Subject to subsection (3), a regional health authority shall

provide its annual report to the Minister

(

a) in the case of the 1994-95 fiscal year, not later

than September 30, 1995, and

(

b) in the case of subsequent fiscal years, not later

than the July 31 immediately following each fiscal year.

(3) A regional health authority shall provide its audited financial

statements and the information referred to in

section 3 to the Minister

(

a) in the case of the 1994-95 fiscal year, not later

than July 31, 1995, and

(

b) in the case of subsequent fiscal years, not later

than the June 30 immediately following each fiscal year.

(4) The Minister may issue to regional health authorities written

directives as to the form and content of any of the information required to

be provided as part of the annual report.

Remuneration and benefits

3(1) In this section, "management personnel" includes medical

officers who exercise management functions.

(2) For the purposes of

section 13(2)(b)(ii) of the Act, information

on remuneration and benefits paid to members, officers and senior employees

must be disclosed in accordance with subsections (3) to (9).

(3) Commencing with the 1995-96 fiscal year remuneration and

benefits must be disclosed for

(

a) all members of the regional health authority;

(

b) the chief executive officer;

(

c) all management personnel who report directly to one

or more members of the regional health authority;

(

d) all management personnel who report directly to the

chief executive officer;

(

e) all remaining management personnel who report to

management personnel referred to in clause (d);

(

f) all persons who are engaged on a fee for service

basis in a management capacity referred to in any of clauses (

b) to (e).

(4) Remuneration and benefits must be disclosed

(

a) on an individual basis by name in the case of the

persons referred to in subsection (3)(a),

(

b) on an individual basis by reference to position

titles in the case of the persons referred to in subsection (3)(b), (

c) and

(

d) and the persons referred to in subsection (3)(

f) who are engaged in a

capacity referred to in subsection (3)(b), (

c) or (d), and

(

c) on a group basis in the case of the persons

referred to in subsection (3)(

e) and the persons referred to in subsection

(3)(

f) who are engaged in a capacity referred to in subsection (3)(e).

(5) For the 1994-95 fiscal year

(

a) remuneration and benefits in respect of personnel

of a regional health authority must be disclosed for

(

i) all members of the regional health

authority,

(ii) the chief executive officer,

(iii) all management personnel who report

directly to the chief executive officer or to one or more members of the

regional health authority, and

(iv) all persons who are engaged on a fee

for service basis in a management capacity referred to in subclause (iii);

(

b) remuneration and benefits in respect of the

personnel of an existing provincial health authority whose affairs were

assumed by a regional health authority must be disclosed in the same manner

as they were disclosed for the 1993-94 fiscal year of the existing

provincial health authority.

(6) Remuneration and benefits must be disclosed

(

a) on an individual basis by name in the case of the

persons referred to in subsection (5)(a)(i), and

(

b) on an individual basis by reference to position

titles in the case of the persons referred to in subsection (5)(a)(ii),

(iii) and (iv).

(7) Remuneration and benefits must be disclosed under subsection

(5)(

a) regardless of whether the remuneration and benefits were paid by the

regional health authority or the existing health authority whose affairs

were assumed by the regional health authority.

(8) The information that is required to be reported under this

section must be reported as a note or

schedule to the financial statements

referred to in

section 13(2)(b)(

i) of the Act.

(9) Where the Minister in writing directs a regional health

authority to do so, the regional health authority shall include as part of

a disclosure required under this

section the value of a severance package

that is provided on termination of employment, disclosed on the same basis

as other remuneration and benefits.

Financial records

4(1) A regional health authority shall, with respect to the keeping

and preparation of its financial records, apply generally accepted

accounting principles as set out in the Canadian Institute of Chartered

Accountants Handbook published by that Institute and as amended from time

to time.

(2) Notwithstanding subsection (1), the Minister may by notice in

writing prescribe policies or rules that are to apply with respect to the

keeping and preparation of the financial records, and a regional health

authority shall apply those policies or rules accordingly.

(3) A regional health authority shall keep a financial record for

the longer of

(a) 3 years after it was created, and

(

b) any period required under an enactment of Alberta

or Canada.

Auditor eligibility

5 No person is eligible to be appointed by a regional health

authority as its auditor or to remain as its auditor unless that person is

entitled to engage in exclusive accounting practice under the Chartered

Accountants Act, the Certified General Accountants Act or the Certified

Management Accountants Act.