Alberta Regulation 283/2003

Municipal Government Act

COMMUNITY ORGANIZATION PROPERTY TAX

EXEMPTION AMENDMENT REGULATION

Filed: September 12, 2003

Made by the Minister of Municipal Affairs (M.O. L:109/03) on September 8,

2003 pursuant to

section 370(

c) of the Municipal Government Act.

1 The Community Organization Property Tax Exemption Regulation (AR

281/98) is amended by this Regulation.

Section 12 is amended by adding the following after subsection (1):

(1.1) Notwithstanding subsection (1)(c), property held by a

community association referred to in that provision is exempt from taxation

under

section 362(1)(n)(

v) of the Act where that community association was

a member of the Federation of Calgary Communities or the Edmonton

Federation of Community Leagues on January 1, 1999 but cancelled its

membership after that date.

(1.2) Subsection (1.1) applies with respect to 2004 and subsequent

years.

Section 13 is amended by striking out "In this section" and

substituting "In this Part".

Section 15(d)(

i) is repealed and the following is substituted:

(

i) a day care centre as defined in the Day Care Regulation (AR

180/2000), and

Part 4 is repealed.

Section 23 is amended by striking out "December 31, 2003" and

substituting "October 31, 2008".

Alberta Regulation 284/2003

Municipal Government Act

CONTROL OF CORPORATIONS REGULATION

Filed: September 12, 2003

Made by the Minister of Municipal Affairs (M.O. L:097/03) on September 4,

2003 pursuant to

section 73 of the Municipal Government Act.

Table of Contents

Definitions 1

Approval required 2

Application for approval 3

Limit on borrowing 4

Time to complete wind-up, amalgamation or divestiture 5

Minister's power 6

Due diligence study 7

Immunity for the Crown 8

Confidentiality 9

Conditions on disposition 10

Exemption of existing corporations 11

Transitional 12

Repeal 13

Expiry 14

Definitions

1 In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "controlled corporation" means

(

i) an existing corporation that a municipality or

group of municipalities wishes to obtain control of, or

(ii) a new corporation that a municipality or group of

municipalities wishes to establish and control;

(c) "corporation" means a corporation that operates for the purpose

of making a profit.

Approval required

2(1) Neither a municipality nor a group of municipalities may, without the

prior written approval of the Minister,

(

a) establish and control, or

(

b) obtain control of

any corporation, including any subsidiary of a corporation that the

municipality or group of municipalities controls.

(2) This

section does not apply in respect of a subsidiary

(

a) of ENMAX Corporation, or

(

b) of EPCOR Utilities Inc.

Application for approval

3(1) A municipality or group of municipalities that intends to obtain

control of or to establish and control a corporation must apply to the

Minister for approval.

(2) An application referred to in subsection (1) must include the

following:

(

a) the costs related to establishing or obtaining control of the

corporation, as the case may be;

(

b) the value of any assets of the corporation that are to be

transferred to the municipality or group of municipalities;

(

c) in respect of a corporation referred to in

section 1(b)(i), a

copy of

(

i) its most recent annual financial statement, and

(ii) its current operating and capital budgets;

(

d) in respect of a corporation referred to in

section 1(b)(ii), a

copy of a proposed business plan that includes a cash flow projection for

the first 3 years of the corporation's operation or for any other period

that is satisfactory to the Minister;

(

e) a copy of the certificate of incorporation for the corporation.

(3) An application referred to in subsection (1) must satisfy the Minister

(

a) that the controlled corporation will carry on business solely

for one or more of the purposes described in

section 3 of the Act,

(

b) that the controlled corporation

(

i) will acquire the assets of an entity that provides

an existing municipal service for the purpose of providing that municipal

service,

(ii) will provide a regional municipal service, facility

or other thing, or

(iii) will enter into partnership arrangements with other

entities to carry out an activity described in subclause (

i) or (ii),

(

c) that the controlled corporation will not own or lease assets

outside Alberta unless

(

i) the Minister's approval under

section 5 authorizes

the corporation to do so, or

(ii) the corporation generates, distributes, transmits

or retails electricity or gas,

(

d) that the controlled corporation will not be dependent for its

on-going operation on the municipality or group of municipalities that

controls it, and

(

e) that the purpose and the profit and dividends of the controlled

corporation will provide a direct benefit to the residents of the

municipality or group of municipalities that controls it.

Limit on borrowing

4 An applicant referred to in

section 3(1) must provide with the

application evidence satisfactory to the Minister that if the controlled

corporation intends to borrow any amount to pay a cost referred to in

section 3(2)(a), such borrowing

(

a) will not exceed a loan-to-value ratio exceeding 80% of the

acquisition or establishment costs of the controlled corporation,

(

b) will not exceed 25% of the applicant's debt limit under the

Debt Limit Regulation (AR 255/2000), and

(

c) will not cause the applicant to increase its total debt beyond

75% of its debt limit under the Debt Limit Regulation (AR 255/2000).

Time to complete wind-up, amalgamation or divestiture

5 An applicant referred to in

section 3(1) that intends to obtain control

of a corporation for the purpose of winding it up, amalgamating it or

disposing of it must provide with the application the time period in which

the winding up, amalgamation or disposition is expected to occur.

Minister's power

6 The Minister may

(

a) approve an application under

section 3, with or without terms

and conditions, or

(

b) refuse to approve an application under

section 3.

Due diligence study

7 Before making a decision under

section 6, the Minister may require the

municipality or group of municipalities to undertake a due diligence study

that discloses potential environmental, financial, labour or other

liability risks and provide a copy of the study to the Minister for review.

Immunity for the Crown

8 No action may be brought against the Crown claiming compensation for

any real or perceived loss or damage resulting from the granting of an

approval under

section 6.

Confidentiality

9 Subject to the Freedom of Information and Protection of Privacy Act,

all applications and information submitted to the Minister under this

Regulation that are expressly marked as confidential must be dealt with in

confidence by the Minister and the Minister's staff.

Conditions on disposition

10 If a municipality or group of municipalities proposes to dispose of a

corporation in respect of which an approval has been granted under

section

(

a) the municipality or group of municipalities must advertise in

accordance with

section 606 of the Act a notice of its intention to do so,

and

(

b) any grants, loans, property or other assistance provided by the

Government of Alberta to the controlled corporation must be repaid to the

Government of Alberta if the Minister so directs.

Exemption of existing corporations

11 Where a municipality or group of municipalities has obtained control

of a corporation before the coming into force of this Regulation, no

approval is required under

section 3(1) in respect of that corporation.

Transitional

12 If

(

a) prior to January 1, 1995, the Minister consented to a

municipality acquiring and holding the shares of a corporation, and

(

b) on January 1, 1995 the municipality controlled the corporation,

the Minister's consent is deemed to be an approval under

section 6 of this

Regulation.

Repeal

13 The Control of Corporations Regulation (AR 373/94) is repealed.

Expiry

14 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 July 31, 2013.

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Alberta Regulation 285/2003

Traffic Safety Act

ALBERTA TRANSPORTATION SAFETY BOARD APPEAL

FEES AMENDMENT REGULATION

Filed: September 12, 2003

Made by the Minister of Transportation (M.O. 44/03) on August 25, 2003

pursuant to

section 64(u)(

v) of the Traffic Safety Act.

1 The Alberta Transportation Safety Board Appeal Fees Regulation (AR

259/2003) is amended by this Regulation.

Section 2 is amended by striking out "to the Board".