Alberta Gazette — 15 April 2015 (Part II)
15 April 2015
Alberta — Gazette
Alberta Regulation 42/2015
Traffic Safety Act
VEHICLE SEIZURE AND REMOVAL (EXTENSION OF EXPIRY
DATE) AMENDMENT REGULATION
Filed: March 17, 2015
For information only: Made by the Minister of Transportation (M.O. 08/15) on
March 9, 2015 pursuant to sections 18(2), 64 and 81 of the Traffic Safety Act.
1 The Vehicle Seizure And Removal Regulation (AR 251/2006)
is amended by this Regulation.
Section 29 is amended by striking out "April 30, 2015" and
substituting "April 30, 2017".
--------------------------------
Alberta Regulation 43/2015
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN (CHANGES IN
EMPLOYERS, 2015) AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 082/2015)
on March 19, 2015 pursuant to
Schedule 1,
section 4 of the Public Sector Pension
Plans Act.
1 The Local Authorities Pension Plan (AR 366/93) is
amended by this Regulation.
Part 1 of
Schedule 2 is amended
(
a) by adding the following after "Calgary Public Library":
Capital Region Board
(
b) by repealing the line "Fort Saskatchewan Foundation";
(
c) by adding the following after "Green Acres
Foundation":
Heartland Housing Foundation
(
d) by repealing the line "Pioneer Housing Foundation";
(
e) by adding the following after "Athabasca/Boyle Family
and Community Support Services":
Athabasca Regional Multiplex Society
3(1) Sections 1 and 2(
b) and (
d) are deemed to have come
into force at the end of 2012.
(2) Section 2(
c) is deemed to have come into force on
January 1, 2013.
(3) Section 2(
e) is deemed to have come into force on
December 20, 2014.
(4) Section 2(
a) is deemed to have come into force on
January 1, 2015.
--------------------------------
Alberta Regulation 44/2015
Judicature Act
SURROGATE RULES (ESTATE ADMINISTRATION
ACT) AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 085/2015)
on March 19, 2015 pursuant to
section 28.1 of the Judicature Act.
1 The Surrogate Rules (AR 130/95) are amended by this
Regulation.
2 Rule 1(
a) is repealed.
3 The following is added before the heading for Division 1
Part 1:
Personal representative's notice
when acting without a grant
9.1(1) A personal representative's notice under
section 10(1)(
a) of
the Estate Administration Act to a beneficiary may be in Form NGA
1 and must include at least the following:
(
a) the deceased's name, place of residence and date of death;
(
b) the personal representative's name and contact information;
(
c) the date of the deceased's will;
(
d) a description of the gift left by the will to the beneficiary or,
in the case of a partial intestacy, a reference to the applicable
provision of the Wills and Succession Act or the Intestate
Succession Act, RSA 2000 cI-10;
(
e) a statement that all gifts are subject to prior payment of all
debts and other claims against the estate;
(
f) if the beneficiary is a residuary beneficiary, a copy of the
will.
(2) A personal representative's notice under
section 10(1)(
b) of the
Estate Administration Act to a family member or to an attorney, a
trustee, the Public Trustee or a guardian on behalf of a family
member may be in Form NGA 2 and must include at least the
following:
(
a) the deceased's name, place of residence and date of death;
(
b) the personal representative's name and contact information;
(
c) the date of the deceased's will;
(
d) a statement that the family member may be entitled to make a
claim for maintenance and support under the Wills and
Succession Act or the Dependants Relief Act,
RSA 2000 cD-10.5, because the will does not give the family
member all the property in the deceased's estate, and that the
court may change the distribution of the estate to provide the
family member with maintenance and support if the court is
satisfied that the circumstances warrant it;
(
e) a copy of the will.
(3) A personal representative's notice under
section 10(1)(
c) of the
Estate Administration Act to a spouse may be in Form NGA 3 and
must include at least the following:
(
a) the deceased's name, place of residence and date of death;
(
b) the personal representative's name and contact information;
(
c) the date of the deceased's will;
(
d) a statement that the spouse may be entitled to make a claim
under the Matrimonial Property Act because the will does
not give the spouse all the property in the deceased's estate;
(
e) a copy of the will.
(4) A personal representative's notice under
section 10(1)(
d) of the
Estate Administration Act to the Public Trustee or another person
may be in Form NGA 4 and must include at least the following:
(
a) the name of the person who is interested in the estate;
(
b) an identification of whether the notice is provided to the
recipient as
(
i) an attorney under an enduring power of attorney for the
person who is interested in the estate,
(ii) a trustee of a represented adult who is interested in the
estate,
(iii) the Public Trustee because the person who is interested
in the estate was a minor on the date of the deceased's
death or is a missing person as defined in the Public
Trustee Act, or
(iv) a guardian of a minor who is interested in the estate;
(
c) the information that subrule (1)(
a) to (
e) requires for a notice
to a beneficiary, which may be included in the document that
contains the information required by clauses (
a) and (
b) or set
out in a separate document;
(
d) a copy of the will.
(5) A notice referred to in this rule must be given in a manner that is
likely to bring it to the attention of the intended recipient.
4 Rule 10 is amended by adding the following after subrule
(2):
(3) Unless the court, on application, orders otherwise, a grant of
administration must not be given to more than 3 persons at the same
time.
(4) A grant may be in any of forms NC 36 to NC 42, as appropriate,
or in any other form that is appropriate to the nature of the grant.
5 Rule 11 is repealed.
6 Rule 13(5)(
c) is amended by striking out "section 29(3) of
the Administration of Estates Act" and substituting "section
18(3)(
a) of the Estate Administration Act".
7 Rule 15 is amended by striking out "section 4 of the
Administration of Estates Act" and substituting "section 45 of the
Alberta Evidence Act".
8 Rule 19(
a) is amended by adding "in Form NC 9" before
"attesting".
9 Rule 28 is amended
(
a) in subrule (1) by adding "or other security approved by
the court" after "bond";
(
b) in subrule (2) by adding "or other security" after
"bond";
(
c) in subrule (3) by striking out "contracts of guarantee
insurance as defined in
section 1(1)(
q) of the Classes of
Insurance Regulation (AR 121/2001)" and substituting
"fidelity insurance as defined in
section 1(1)(
h) of the
Classes of Insurance Regulation (AR 144/2011)";
(
d) in subrule (4) by adding "or other security" after
"bond".
10 Rule 29 is repealed and the following is substituted:
Dispensation from bond
29(1) A non-resident personal representative may apply
(
a) to dispense with a requirement under rule 28(1) to provide a
bond or other security,
(
b) for approval of security other than a bond, or
(
c) to reduce the amount of a bond or other security
by filing an affidavit in Form NC 17.
(2) An applicant under this rule may file a beneficiary's consent to
dispensing with a bond or other security in Form NC 18 in support of
the application.
11 Rule 30(1) and (2) are amended by adding "or other
security" after "bond".
12 Rule 31 is amended
(
a) by repealing subrule (1) and substituting the
following:
Powers of court
31(1) The court, on an application under rule 29 or 30, may,
before or after issuing a grant but only after considering the
interests of the beneficiaries and claimants of the estate,
(
a) require a bond or other security;
(
b) reduce the amount of a bond or other security;
(
c) dispense with the requirements for a bond or other
security;
(
d) impose conditions on the applicant or any other person
interested in the estate;
(
e) require more information;
(
f) do any other thing that the circumstances require.
(
b) in subrule (2) by adding "or other security" after
"bond".
13 Rule 32(2) is amended by striking out "rule 11(2)" and
substituting "section 13(1)(
b) of the Estate Administration Act".
14 Rule 33(1) is repealed and the following is substituted:
Nominations
33(1) A person entitled to a grant of administration or a grant of
administration with will annexed may nominate, in Form NC 16, a
person to be the personal representative for the purpose of applying
for the grant.
15 Rule 35 is amended
(
a) in subrule (1) by striking out "section 29 of the
Administration of Estates Act" and substituting "section
18(1)(
a) of the Estate Administration Act";
(
b) by repealing subrule (3).
16 Rule 36 is repealed and the following is substituted:
Ancillary grant
36 An applicant may apply in accordance with rule 13(5) and
(6) for an ancillary grant under
section 19(1) of the Estate
Administration Act.
17 Rule 38(1) is repealed and the following is substituted:
Notice to claimants
38(1) If a personal representative publishes a notice to claimants,
the personal representative
(
a) must do so in accordance with this rule,
(
b) may use Form NC 34, and
(
c) may file proof of publication in form NC 34.1.
18 Rule 40 is repealed and the following is substituted:
Verification of claims
40 If a personal representative has notice of a claim against the
estate, the personal representative may require the claimant to verify
the claim using a statutory declaration in Form NC 35.
19 Rule 41(1) is repealed and the following is substituted:
Valuation of security
41(1) If security is held by a claimant wholly or partly to secure a
claim against the estate and
(
a) the claimant does not give a value to the security, or
(
b) a dispute arises between the claimant and the personal
representative regarding the value of the security,
the personal representative may, by filing an application in Form C1
and an affidavit in Form C2, apply to the court for an order under
this rule.
20 Rule 45 is repealed and the following is substituted:
Applications
45(1) The clerk must
(
a) number and date every application for a grant when it is filed,
(
b) record the information in the appropriate court records,
(
c) present all applications to the court for its order and
direction, and
(
d) send any rejection notice in Form NC 26 to the applicant.
(2) When application is made for a grant, the clerk shall promptly
search the court records to determine whether
(
a) any other application has been filed or a grant has issued in
respect of the same estate or minor,
(
b) a caveat has been filed in respect of the same estate or minor
and has not expired or been withdrawn or discharged, or
(
c) a will of the same deceased was, during the life of the
deceased, deposited with a clerk of the surrogate court before
June 19, 1995 or a clerk of the district court before July 12,
(3) Unless the court, on application, orders otherwise, no grant shall
be issued until the clerk has completed a search under subrule
(2) and confirmed that
(
a) no other application referred to in subrule (2)(
a) has been
filed,
(
b) no grant referred to in subrule (2)(
a) has issued,
(
c) no caveat referred to in subrule (2)(
b) has been filed, and
(
d) no will referred to in subrule (2)(
c) has been deposited.
21 Rule 52 is amended
(
a) in subrule (1) by striking out "subsection (4)" and
substituting "subrule (4)";
(
b) by repealing subrule (3) and substituting the
following:
(3) Where the court requires a bond under subrule (1), the bond
must be from an insurer licensed under the Insurance Act to
undertake fidelity insurance as defined in
section 1(1)(
h) of the
Classes of Insurance Regulation (AR 144/2011).
22 Rule 71 is amended
(
a) in subrule (1) by striking out "the Administration of
Estates Act" and substituting "section 46 of the Estate
Administration Act";
(
b) in subrule (3) by striking out "removed" and
substituting "discharged".
23 Rule 73(4) is amended by striking out "remove" and
substituting "discharge".
24 Rule 74 is amended by striking out "removed" wherever
it occurs and substituting "discharged".
25 Rule 117(1) is amended by striking out "Form ACC 5"
and substituting "Form ACC 5.1 or Form ACC 5.2".
Schedule 3 is amended
(
a) in Form NC 2 by striking out the following:
The schedules and documents that are part of this affidavit
provide all the information required in this application by the
Surrogate Rules and have been prepared by me or by my lawyer
on my behalf.
and substituting the following:
I have personally prepared or carefully read the schedules and
documents that are part of this affidavit and to the best of my
knowledge the information in them is accurate and complete.
(
b) in Form NC 5 by striking out the following:
Any persons with a prior or
equal right to apply
Renunciations attached
and substituting the following:
Any persons with a prior or
equal right to apply
Provide names(s), address(es) and relationship
to deceased of all persons with a prior or equal
right to apply for a grant.
Write "n/a" if not applicable.
Renunciations attached
Provide name(
s) of renunciators; renunciations
are needed from all persons with a prior or
equal right to apply for a grant who are not
applicant(s). Write "n/a" if not applicable
(
c) in Form NC 6.1 by striking out "equal right to apply"
and substituting "equal right to trusteeship";
(
d) in Form NC 8 by striking out "subscribing";
(
e) in Form NC 16 by striking out the following:
1. The deceased, __________, signed a will in which __________ is
appointed personal representative.
2. __________ has renounced all right and title to a grant of probate of
the deceased's will.
1. The deceased, __________, died intestate.
2. I am entitled to apply for a grant of administration under the
Surrogate Rules because I am the deceased's __________.
3. I have an interest in the administration of the deceased's estate
because I am __________.
4. I nominate __________ to apply for a grant of administration with
will annexed of the deceased's property and consent to such an
appointment.
4. I nominate __________ to apply for a grant of administration of the
deceased's property and consent to such an appointment.
and substituting the following:
1. The deceased, __________, signed a will in which __________ is
appointed personal representative.
2. __________ has renounced all right and title to a grant of probate of
the deceased's will.
3. I am entitled to apply for a grant of administration with will annexed
because (state relationship to deceased or circumstances
creating entitlement to apply for a grant under
section 13 of the Estate
Administration Act) .
4. I nominate __________ to apply for a grant of administration with
will annexed and I consent to that appointment.
1. The deceased, __________, signed a will but did not appoint a
personal representative.
2. I am entitled to apply for a grant of administration with will annexed
because (state relationship to deceased or circumstances
creating entitlement to apply for a grant under
section 13 of the Estate
Administration Act) .
3. I nominate __________ to apply for a grant of administration with
will annexed and I consent to that appointment.
1. The deceased, __________, signed a will that expressly authorizes
me to appoint a personal representative.
2. I nominate __________ to apply for a grant of probate or
administration with will annexed and I consent to that appointment.
1. The deceased, __________, died intestate.
2. I am entitled to apply for a grant of administration because
(state relationship to deceased or circumstances creating entitlement to
apply for a grant under
section 13 of the Estate Administration Act) .
3. I nominate __________ to apply for a grant of administration and I
consent to that appointment.
(
f) in Form NC 17
(
i) by striking out the following:
DOCUMENT Affidavit to dispense with a
bond
and substituting the following:
DOCUMENT Affidavit to dispense with a
bond, approve other security
or reduce amount of security
(ii) by striking out the following:
6. And therefore the applicant(
s) request that this Court grant the
application for a grant of __________ without bond.
and substituting the following:
6. And therefore the applicant(
s) request that this Court issue a grant of
(state type of grant applied for)_______________.
? without bond or other security.
? with a bond in the reduced amount of ____________.
? with the following security in the amount of ____________
instead of a bond: (describe other security proposed)__________.
(
g) in Form NC 18 by striking out "bond" wherever it
occurs and substituting "bond or other security";
(
h) in Form NC 19 by striking out the following:
The personal representative(
s) named in the will have applied for a grant of
probate.
Enclosed with this notice is a copy of the application for a grant of probate.
This includes a copy of the will and a list of the deceased's property and
debts.
Once the court issues the grant, the personal representative(
s) will collect
in the property, pay the debts, and complete the administration of the estate
and anything else required of the personal representative(s). Then they
will be in a position to account to you before distributing any estate left
after payment of all debts and expenses.
By issuing the grant, the court is not approving the figures submitted in the
application for a grant of probate. It is the responsibility of the
beneficiary(ies) to supervise the actions of the personal representative(s).
and substituting the following:
The personal representative(
s) named in the will have applied for a grant of
probate or the person(
s) entitled have applied for a grant of administration
with will annexed.
Enclosed with this notice is a copy of the application for a grant of probate
or grant of administration with will annexed. This includes a copy of the
will and a list of the deceased's property and debts.
Once the court issues the grant, the personal representative(
s) will collect
in the property, pay the debts, and complete the administration of the estate
and anything else required of the personal representative(s). Then they
will be in a position to account to you before distributing any estate left
after payment of all debts and expenses.
By issuing the grant, the court is not approving the figures submitted in the
application for a grant of probate. It is the responsibility of the
beneficiary(ies) to supervise the actions of the personal representative(s).
Alberta's Estate Administration Act and other laws place duties on the
personal representative, which include communicating regularly with
beneficiaries and maintaining proper financial records. If you believe the
personal representative is not complying with their duties, try to resolve
the matter through discussion with the personal representative. If you are
unable to resolve the matter you or your lawyer may apply to the court,
which may provide a remedy if it is satisfied that the personal
representative is not complying with their duties.
(
i) in Form NC 20 by striking out the following:
The personal representative(
s) named in the will have applied for a grant of
probate.
Once the court issues the grant, the personal representative(
s) will collect
in the estate property, pay the debts, and complete the administration of the
estate and anything else required of the personal representative(s). Then
they will be in a position to distribute your gift to you as long as it is not
needed to pay for debts and expenses of the estate.
and substituting the following:
The personal representative(
s) named in the will have applied for a grant of
probate or the person(
s) entitled have applied for a grant of administration
with will annexed.
Once the court issues the grant, the personal representative(
s) will collect
in the property, pay the debts, and complete the administration of the estate
and anything else required of the personal representative(s). Then they will
be in a position to distribute your gift to you as long as it is not needed to
pay for debts and expenses of the estate.
Alberta's Estate Administration Act and other laws place duties on the
personal representative, which include communicating regularly with
beneficiaries and maintaining proper financial records. If you believe the
personal representative is not complying with their duties, try to resolve
the matter through discussion with the personal representative. If you are
unable to resolve the matter you or your lawyer may apply to the Court,
which may provide a remedy if it is satisfied that the personal
representative is not complying with their duties.
(
j) in Form NC 21 by striking out the following:
By issuing the grant, the court is not approving the figures submitted in the
application for a grant of administration. It is the responsibility of the
beneficiary(ies) to supervise the actions of the personal representative(s).
and substituting the following:
By issuing the grant, the court is not approving the figures submitted in the
application for a grant of administration. It is the responsibility of the
beneficiary(ies) to supervise the actions of the personal representative(s).
Alberta's Estate Administration Act and other laws place duties on the
personal representative, which include communicating regularly with
beneficiaries and maintaining proper financial records. If you believe the
personal representative is not complying with their duties, try to resolve
the matter through discussion with the personal representative. If you are
unable to resolve the matter you or your lawyer may apply to the Court,
which may provide a remedy if it is satisfied that the personal
representative is not complying with their duties.
(
k) in Form NC 24 by striking out the following:
To: Name of Child/Trustee/Parent/Guardian (as applicable):
and substituting the following:
To: Name of Child/Trustee/Attorney/Parent/Guardian (as
applicable under
section 11(1) of the Estate Administration
Act): ______________________________________________
(
l) by repealing Form NC 24.1 and substituting the
following:
NC 24.1
ESTATE NAME (deceased's name)
DOCUMENT Notice to the Public Trustee
This gives you notice that the personal representative shown in the
attached copy of an Application for a grant of has applied for
this grant.
Notice is given to you
1 under
section 11 of the Estate Administration Act (family members)
because
? the Public Trustee is trustee for the estate of the following
person, who is a represented adult described in
section
11(1)(
f) of the Estate Administration Act:
Name:
Address:
? the deceased is survived by a child who was a minor
on the date of the deceased's death:
Name:
Date of Birth:
Address:
? the deceased is survived by a grandchild or
great-grandchild described in
section 11(1)(g)(ii) of the
Estate Administration Act:
Name:
Date of Birth:
Address:
2 under
section 12 of the Estate Administration Act (persons
interested in the estate) because
? the following represented adult, for whose estate the Public
Trustee is trustee, is interested in the deceased's estate:
Name:
Address:
? the following person is interested in the deceased's estate
and was a minor on the date of the deceased's death:
Name:
Date of Birth:
Address:
? the following person is interested in the deceased's estate
and has been declared to be a missing person by an order of
the Court under the Public Trustee Act:
Name:
Date of Birth:
Personal Representative Date
Name: Office of the Public Trustee
To the Court of Queen's Bench of Alberta and the personal representative
The Public Trustee
? does not intend to be represented on this application
? intends to be represented on this application
The Public Trustee confirms the following:
? Any property to which a minor child is entitled from the estate
must be delivered to the Public Trustee.
? Clause of the will appoints as trustee
of money or property to which the minor(
s) is
(are) entitled under the will. The will does not appoint the Public
Trustee to monitor on behalf of the minor(s). Accordingly, the
Public Trustee will not monitor the trustee on behalf of the
minor(
s) unless the Court directs the Public Trustee to monitor
pursuant to
section 22 of the Public Trustee Act.
? Clause of the will appoints as trustee
of money or property to which the minor(
s) is (are)
entitled under the will and clause appoints the Public
Trustee to monitor on behalf of the minor(s). Accordingly, the
Public Trustee will monitor the trustee on behalf of the minor(s).
? The Public Trustee reserves the right to apply under the provisions
Part 5, Division 2 of the Wills and Succession Act on behalf
of .
Public Trustee of Alberta Date
The Court of Queen's Bench requires submissions to be made as to
whether the Public Trustee should monitor the trust for the benefit of
minor beneficiaries. Either the applicant or the Public Trustee, on notice to
the other, must arrange for the Court to hear the submissions.
Justice of the Court of Queen's Bench Date
(
m) in Form NC 29 by striking out the following:
The schedules and documents that are part of this affidavit provide all the
information required in this application by the Surrogate Rules and have
been prepared by myself or by my lawyer on my behalf.
and substituting the following:
I have personally prepared or carefully read the schedules and documents
that are part of this affidavit and to the best of my knowledge the
information in them is accurate and complete.
(
n) in Form NC 31 by striking out the following:
The schedules and documents that are part of the affidavit of __________
provided all the information required in this application by the Surrogate
Rules and have been prepared by me or by my lawyer on my behalf.
and substituting the following:
I have personally prepared or carefully read the schedules and documents
that are part of this affidavit and to the best of my knowledge the
information in them is accurate and complete.
(
o) in Forms NC 33 and 44 by striking out the following:
The schedules and documents that are part of this affidavit provide all the
information required in this application by the Surrogate Rules and have
been prepared by myself or by my lawyer on my behalf.
and substituting the following:
I have personally prepared or carefully read the schedules and documents
that are part of this affidavit and to the best of my knowledge the
information in them is accurate and complete.
(
p) in Form C 1 by striking out the following:
Applicable Surrogate Rules
5. Surrogate Rules .
Applicable statutes
6. .
and substituting the following:
Applicable Surrogate Rules
5. 5.1 (tick applicable box(es)):
? Surrogate Rule 4(1)
? Surrogate Rule 41
? Surrogate Rule 58(a)
? Surrogate Rule 70.1(1)
? Surrogate Rule 70.1(2)
? Surrogate Rule 70.9(5)
? Surrogate Rule 94(2)
5.2 Any other Surrogate Rule(
s) the applicant specifically
relies on (specify): .
Applicable statutes
6. Any statutory authority the applicant specifically relies on (specify
statute(
s) and
section number(s)):__________________________.
(
q) in Form C 5 by striking out the following:
6. Notices are sent to: ______________________
and substituting the following:
6. Notices are sent to: ______________________
7. Surrogate Rule(
s) under which this application is being made:
7.1 Rule 77(1)(a).
7.2 Any other Surrogate Rule(
s) the applicant specifically
relies on (specify): ___________________________.
Applicable statutes
8. Any statutory authority the applicant specifically relies on (specify
statute(
s) and
section number(s)): _________________________.
(
r) in Form C 6 by striking out the following:
The schedules and documents that are part of this affidavit provide all the
information required in this application by the Surrogate Rules and have
been prepared by myself or by my lawyer on my behalf.
and substituting the following:
I have personally prepared or carefully read the schedules and documents
that are part of this affidavit and to the best of my knowledge the
information in them is accurate and complete.
(
s) in Form C 11 by striking out "Sections 40 and 41 of the
Administration of Estates Act" and substituting "Sections
25 and 26 of the Estate Administration Act".
(
t) in Form C 12 by striking out the following:
Applicable Surrogate Rules
7. Rules .
Applicable Statutes
8. .
and substituting the following:
Applicable Surrogate Rules
7. 7.1 Surrogate Rule 96(1).
7.2 Any other Surrogate Rule(
s) the applicant specifically
relies on (specify): ___________________________.
Applicable Statutes
8. Any statutory authority the applicant specifically relies on (specify
statute(
s) and
section number(s)): _________________________.
(
u) in Form C 14 by striking out the following:
Applicable Surrogate Rules
10. Surrogate Rule 54.1.
Applicable Statutes
11. Wills and Succession Act, SA 2010 cW-12.2 s36.
and substituting the following:
Applicable Surrogate Rules
10. 10.1 Surrogate Rule 54.1.
10.2 Any other Surrogate Rule(
s) the applicant specifically
relies on (specify): ___________________________.
Applicable Statutes
11. 11.1 Wills and Succession Act, SA 2010 cW-12.2 s36.
11.2 Any other statutory authority the applicant specifically
relies on (specify statute(
s) and
section number(s)):
___________________________________________.
(
v) in Form ACC 1 by striking out the following:
4. The applicant(
s) rely on the provisions of the Administration of
Estates Act, R.S.A. 1980, c. A-1, as amended and the Surrogate
Rules.
and substituting the following:
4. Surrogate Rule(
s) under which this application is being made:
4.1 Rule 107(1)(a).
4.2 Any other Surrogate Rule(
s) the applicant specifically
relies on (specify): ___________________________.
Applicable Statutes
5. 5.1 Estate Administration Act,
section 32.
5.2 Any other statutory authority the applicant specifically
relies on (specify statute(
s) and
section number(s)):
___________________________________________.
(
w) in Form ACC 6 by striking out the following:
3. The applicant(
s) rely on the provisions of the Administration of
Estates Act, R.S.A. 1980, c. A-1, as amended, and the Surrogate
Rules.
4. Costs proposal:
4.1 Costs of the applicant(
s) to be paid by ____________.
and substituting the following:
3. Costs proposal:
3.1 Costs of the applicant(
s) to be paid by ____________.
Applicable Surrogate Rules
4. 4.1 Surrogate Rule 108(1).
4.2 Any other Surrogate Rule(
s) the applicant specifically
relies on (specify): ___________________________.
Applicable Statutes
5. 5.1 Estate Administration Act,
section 32.
5.2 Any other statutory authority the applicant specifically
relies on (specify statute(
s) and
section number(s)):
___________________________________________.
(
x) in Form ACC 10 by striking out the following:
4. The applicant relies on the provisions of the Administration of
Estates Act R.S.A. 1980, c.A-1, as amended, and the Surrogate
Rules.
and substituting the following:
Applicable Surrogate Rules
4. 4.1 Surrogate Rule 103(1).
4.2 Any other Surrogate Rule(
s) the applicant specifically
relies on (specify): _________________________.
Applicable Statutes
5. 5.1 Estate Administration Act,
section 32.
5.2 Any other statutory authority the applicant specifically
relies on (specify statute(
s) and
section number(s)):
___________________________________________.
(
y) by adding the following after Form ACC 13:
NGA 1
Personal Representative's Notice to Beneficiary
(section 10(1)(
a) of the Estate Administration Act)
Notice regarding the estate of (name of deceased) , deceased, who
resided in or near (closest city or town) and died on (date)
at or near (closest city or town) .
Instruction to Personal Representative: If the beneficiary was a minor on the date
of the deceased's death, or is a missing person, represented adult, or adult
represented by an attorney under an enduring power of attorney, include this notice
with the Notice to Attorney, Trustee, Guardian, or Public Trustee (Form NGA 4).
Who is receiving this notice?
1. This notice is given to:
Name:
Complete address:
Who is giving this notice?
2. This notice is given to you by (name of personal representative) ,
who is named as a personal representative of the deceased's estate in
a document dated (date) , which the personal
representative believes to be the deceased's last will.
If you believe this document is not the deceased's last will you or
your lawyer may take steps to require the personal representative to
prove in court that it is the deceased's last will.
Why are you receiving this notice?
3. The personal representative believes you are a beneficiary of the
deceased's estate for one or more of the following reasons (tick all
applicable boxes):
? The will gives you the following specific gift: (describe gift) .
? You are a residuary beneficiary under the will (copy attached). It
gives you some or all of the property remaining in the deceased's
estate after payment of debts and other claims against the estate, and
after distribution of any specific gifts.
? You are a beneficiary on a partial intestacy. The will does not
dispose of all the deceased's property and you may be entitled to
some or all of the deceased's undistributed property under
section
___ of the Wills and Succession Act or
section ___ of the Intestate
Succession Act, RSA 2000 cI-10.
When will the personal representative distribute the deceased's
property to beneficiaries?
4. All gifts to beneficiaries are subject to prior payment of the
deceased's debts and other claims against the estate. The personal
representative must collect the deceased's property, pay the debts,
and complete the administration of the estate. The personal
representative can then account to you and distribute any property
remaining in the estate after payment of debts, claims and the
expenses of administering the estate.
What are the personal representative's duties and how are they
enforced?
5. Alberta's Estate Administration Act and other laws place duties on
the personal representative, which include communicating regularly
with beneficiaries and maintaining proper financial records. If you
believe the personal representative is not complying with their
duties, try to resolve the matter through discussion with the personal
representative. If you are unable to resolve the matter you or your
lawyer may apply to the Court, which may provide a remedy if it is
satisfied that the personal representative is not complying with their
duties.
How can you contact the personal representative?
6. You may contact the personal representative for further information:
? Telephone no. ________________ ? e-mail _________________
? Mailing address __________________________________________
? Other __________________________________________________
NGA 2
Personal Representative's Notice to Family Member
(section 10(1)(
b) of the Estate Administration Act)
Notice regarding the estate of (name of deceased) , deceased, who
resided in or near (closest city or town) and died on (date)
at or near (closest city or town) .
Who is receiving this notice?
1. This notice is given to or on behalf of the following family member
of the deceased:
Name: (name of family member)
Complete address: ____________________________________________
Instruction to Personal Representative: Provide the following additional
information if this notice is given to the family member's attorney, trustee or
guardian or to the Public Trustee:
This notice is given to the following on behalf of that family member:
? the Public Trustee;
? the family member's attorney, trustee or guardian:
Name: (name of attorney, trustee or guardian)
Complete address: _______________________________________
Who is giving this notice?
2. This notice is given to you by (name of personal representative) ,
who is named as a personal representative of the deceased's estate in
a document dated (date) , which the personal
representative believes to be the deceased's last will.
If you believe this document is not the deceased's last will, you or
your lawyer may take steps to require the personal representative to
prove in court that it is the deceased's last will.
Why are you receiving this notice?
3. The law requires that this notice be given to you because the will
does not give you (or the family member on whose behalf you were
given this notice) all the property in the deceased's estate. You (or
the family member) may be entitled to make a claim for
maintenance and support from the deceased's estate because you are
(or the family member is)
? a spouse or the adult interdependent partner of the deceased,
? a child of the deceased who is under the age of 18 years at the time
of the deceased's death,
? a child of the deceased who is at least 18 years of age at the time of
the deceased's death and unable to earn a livelihood by reason of
mental or physical disability,
? a child of the deceased who, at the time of the deceased's death, is at
least 18 but under 22 years of age and unable to withdraw from his
or her parents' charge because he or she is a full-time student as
determined in accordance with the Family Law Act and its
regulations, or
? a grandchild or great-grandchild of the deceased
(
a) who is under 18 years of age at the time of the deceased's death,
(
b) in respect of whom the deceased, during life, demonstrated a
settled intention to treat as his or her own child,
(
c) whose primary home, since birth or for at least 2 years
immediately before the grandparent's death, was with the
grandparent, and
(
d) whose primary financial support, since birth or for at least 2
years immediately before the grandparent's death, was provided
by the grandparent.
Part 5, Division 2 of the Wills and Succession Act* allows a qualified
family member to apply to the Court to receive maintenance and support
from the estate. The Court can change the distribution of the estate and
give the family member more or all of the estate if the Court decides the
circumstances warrant it. If you want to take this further, you should get
legal advice immediately.
*Note: If the deceased died before February 1, 2012, family
members have similar rights to apply for relief under the
Dependants Relief Act.
How can you contact the personal representative?
4. You may contact the personal representative for further information:
? Telephone no. ________________ ? e-mail _________________
? Mailing address __________________________________________
? Other __________________________________________________
NGA 3
Personal Representative's Notice to Spouse
(section 10(1)(
c) of the Estate Administration Act)
Notice regarding the estate of (name of deceased) , deceased, who
resided in or near (closest city or town) and died on (date)
at or near (closest city or town) .
Who is receiving this notice?
1. This notice is given to:
Name: (name of deceased's spouse)
Complete address:
Who is giving this notice?
2. This notice is given to you by (name of personal representative) ,
who is named as a personal representative of the deceased's estate in
a document dated (date) (copy attached), which the
personal representative believes to be the deceased's last will.
If you believe this document is not the deceased's last will you or
your lawyer may take steps to require the personal representative to
prove in court that it is the deceased's last will.
Why are you receiving this notice?
3. The law requires that this notice be given to you because you are the
spouse of the deceased and the will does not give you all the
property in the estate. You may have a claim under the Matrimonial
Property Act on the property in the estate. If you want to take this
further, you should get legal advice immediately.
How can you contact the personal representative?
4. You may contact the personal representative for further information:
? Telephone no. ________________ ? e-mail _________________
? Mailing address __________________________________________
? Other __________________________________________________
NGA 4
Personal Representative's Notice to Attorney,
Trustee, Public Trustee or Guardian
(section 10(1)(
d) of the Estate Administration Act)
Notice regarding the estate of (name of deceased) , deceased, who
resided in or near (closest city or town) and died on (date)
at or near (closest city or town) .
Instruction to Personal Representative: Provide a copy of the Personal
Representative's Notice to Beneficiaries (Form NGA 1), with this notice.
Who is receiving this notice?
1. This notice is given on behalf of the following person who is
interested in the estate:
Name: (name of person interested in the estate)
This notice is given to the following on behalf of that person:
? the Public Trustee, or
? the person's attorney, trustee or guardian:
Name: (name of attorney, trustee or guardian)
Complete address: _______________________________________
Why are you receiving this notice?
2. The law requires that this notice be given to you because you are
(tick all applicable boxes)
? the attorney under an enduring power of attorney for the person
interested in the estate,
? the trustee for the person interested in the estate,
? the guardian of the person interested in the estate, or
? the Public Trustee and because the person interested in the estate
(tick the applicable box)
? was a minor on the date of the deceased's death,
? is a missing person as defined in the Public Trustee Act, or
? is a represented adult for whom the Public Trustee is trustee.
What other notice are you receiving?
3. Included with this notice is a Personal Representative's Notice to
Beneficiaries, which provides further information about the nature
of the interest of the person on whose behalf you have been given
this notice, information about the personal representative who has
given you this notice and information about the estate.
Instruction to Personal Representative: Include the following only if this notice is
being given to the Public Trustee because the person interested in the estate is a
minor:
Who is the minor's guardian?
4. The name and contact information for the minor's guardian are:
Guardian's Name ____________________________________________
? Telephone no. ________________ ? e-mail _________________
? Mailing address ___________________________________________
? Other ___________________________________________________
27 This Regulation comes into force on the coming into
force of the Estate Administration Act.
Alberta Regulation 45/2015
Security Services and Investigators Act
SECURITY SERVICES AND INVESTIGATORS
AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 087/2015)
on March 19, 2015 pursuant to
section 48 of the Security Services and Investigators
Act.
1 The Security Services and Investigators Regulation
(AR 52/2010) is amended by this Regulation.
Section 1 is amended by adding the following after
clause (b):
(c) "automotive locksmith bypass tool" means any instrument
designed, or that can be modified or adapted, to operate the
locks, ignition or other switches on a motor vehicle.
Section 2(
e) is repealed and the following is substituted:
(
e) in the Minister's opinion, any individual who performs an
activity described under
Part 1 of the Act, except the
activities described in sections 4 and 5 of the Act, if that
activity is incidental to the individual's primary job duties or
functions.
Section 4(1) is repealed and the following is substituted:
Business licensee reporting requirements
4(1) A business licensee must report to the Registrar in writing any
incident described under
section 19(
d) to (
i) of the Act within 24
hours of the incident becoming known to the business licensee.
Section 5(
b) is repealed and the following is substituted:
(
b) if the report relates to an ongoing investigation, inspection,
complaint, court proceeding or administrative proceeding, for
a minimum of 2 years after the investigation, inspection,
complaint, court proceeding or administrative proceeding has
concluded,
Section 6 is repealed and the following is substituted:
Locksmith tools
6(1) In this section, "locksmith tools" mean any instruments
designed or that can be modified or adapted, to manipulate manual,
electronic, computerized or other locking systems.
(2) A locksmith business licensee must keep records of any
locksmith tools used in the course of the locksmith licensee's
employment and provide these records to the Registrar on request.
(3) If a locksmith business licensee provides locksmith tools to its
locksmith licensee, the locksmith business must ensure the locksmith
tools used by a locksmith licensee are returned to the owner of the
tools on termination of employment of the locksmith licensee.
Section 7 is repealed and the following is substituted:
Automotive lock bypass tools
7(1) If an automotive lock bypass business licensee provides
automotive lock bypass tools to its automotive lock bypass worker
licensees, the automotive lock bypass business must ensure the
automotive lock bypass tools used by an automotive lock bypass
worker licensee are returned to the owner of the tools on termination
of employment of the automotive lock bypass worker licensee.
(2) Automotive locksmith bypass tools mean any instruments
designed, or that can be modified or adapted, to operate the locks,
ignition or other switches on a motor vehicle.
Section 9 is repealed and the following is substituted:
Authorized weapons and equipment
9(1) An individual licensee may be authorized, by the individual
licensee's licence, to carry and use the following weapons and
equipment:
(
a) in the case of security services workers and investigators,
batons not longer than 26 inches in length;
(
b) in the case of locksmiths, any instrument designed, modified
or adapted to manipulate manual, electronic, computerized or
other locking systems;
(
c) in the case of automotive lock bypass workers, any
automotive locksmith bypass tools.
Section 13 is repealed and the following is substituted:
Advertising
13 A business licensee shall not advertise or promote services that
the business licensee is not licensed to provide.
Section 15 is amended by striking out "section 6(1) or (2)"
and substituting "section 6(1), (2) or (3)".
Section 16 is amended by striking out "March 31, 2015"
and substituting "March 31, 2023".
--------------------------------
Alberta Regulation 46/2015
Environmental Protection and Enhancement Act
ADMINISTRATIVE PENALTY (EXTENSION OF EXPIRY
DATE) AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 088/2015)
on March 19, 2015 pursuant to
section 239 of the Environmental Protection and
Enhancement Act.
1 The Administrative Penalty Regulation (AR 23/2003) is
amended by this Regulation.
Section 6 is amended by striking out "June 30, 2015" and
substituting "June 30, 2017".
--------------------------------
Alberta Regulation 47/2015
Forest and Prairie Protection Act
THE FOREST AND PRAIRIE PROTECTION REGULATIONS,
PART I
(EXTENSION OF EXPIRY DATE) AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 089/2015)
on March 19, 2015 pursuant to
section 41 of the Forest and Prairie Protection Act.
1 The Forest and Prairie Protection Regulations,
Part I
(AR 135/72) are amended by this Regulation.
Section 30 is amended by striking out "March 31, 2015"
and substituting "March 31, 2017".
--------------------------------
Alberta Regulation 48/2015
Public Lands Act
RECREATIONAL ACCESS (EXTENSION OF EXPIRY
DATE) AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 091/2015)
and the Minister of Environment and Sustainable Resource Development
(M.O. 07/2015) on March 19, 2015 pursuant to sections 9 and 62.1, respectively of
the Public Lands Act.
1 The Recreational Access Regulation (AR 228/2003) is
amended by this Regulation.
Section 25 is amended by striking out "March 31, 2015"
and substituting "March 31, 2017".
--------------------------------
Alberta Regulation 49/2015
Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY
(EXTENSION OF EXPIRY DATE) AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 094/2015)
on March 19, 2015 pursuant to
section 94 of the Freedom of Information and
Protection of Privacy Act.
1 The Freedom of Information and Protection of Privacy
Regulation (AR 186/2008) is amended by this Regulation.
Section 21 is amended by striking out "June 30, 2015" and
substituting "June 30, 2020".
Alberta Regulation 50/2015
Health Information Act
Hospitals Act
Protection for Persons in Care Act
Regional Health Authorities Act
HEALTH REGULATIONS (EXTENSION OF EXPIRY DATE)
AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 095/2015)
on March 19, 2015 pursuant to
section 108 of the Health Information Act,
section 60
of the Hosptials Act,
section 26 of the Protection for Persons in Care Act and sections
11.1 and 23 of the Regional Health Authorities Act.
1 The Hospitals Foundation Regulation (AR 27/2007) is
amended in
section 5 by striking out "March 31, 2015" and
substituting "March 31, 2018".
2 The Regional Health Authorities Foundations Regulation
(AR 28/2007) is amended in
section 21 by striking out
"March 31, 2015" and substituting "March 31, 2018".
3 The Alberta Cancer Foundation Regulation (AR 70/2009)
is amended in
section 18 by striking out "March 31, 2015" and
substituting "March 31, 2018".
4 The Cancer Registry Regulation (AR 71/2009) is
amended in
section 10 by striking out "March 31, 2015" and
substituting "March 31, 2018".
5 The Protection for Persons in Care Regulation
(AR 97/2010) is amended in
section 5 by striking out "June
15, 2015" and substituting "June 15, 2018".
6 The Alberta Electronic Health Record Regulation
(AR 118/2010) is amended in
section 8 by striking out "April
30, 2015" and substituting "April 30, 2018".
Alberta Regulation 51/2015
Labour Relations Code
REGIONAL HEALTH AUTHORITY COLLECTIVE BARGAINING
(EXTENSION OF EXPIRY DATE) AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 097/2015)
on March 19, 2015 pursuant to
section 162.1 of the Labour Relations Code.
1 The Regional Health Authority Collective Bargaining
Regulation (AR 80/2003) is amended by this Regulation.
Section 22 is amended by striking out "March 31, 2015"
and substituting "March 31, 2016".
--------------------------------
Alberta Regulation 52/2015
Government Organization Act
ELEVATING DEVICES, PASSENGER ROPEWAYS AND AMUSEMENT
RIDES ADMINMISTRATION AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 101/2015)
on March 19, 2015 pursuant to
Schedule 10,
section 2 of the Government
Organization Act.
1 The Elevating Devices, Passenger Ropeways and
Amusement Rides Administration Regulation (AR 76/2011)
is amended by this Regulation.
Section 1 is amended
(
a) in clause (
c) by adding "for the relevant discipline" after
"Safety Codes Act";
(
b) by repealing clause (
d) and substituting the
following:
(d) "amusement ride" means an amusement ride or
amusement device within the meaning of the CAN/CSA
Standard Z267-00 Safety Code for Amusement Rides
and Devices including Appendix C (Nondestructive
Testing) as varied by and declared in force by the
Amusement Rides Standards Regulation (AR 223/2001),
but does not include anything to which that Standard is
stated by its Clause 1.5 not to apply;
(
c) in clause (
f) by adding "Accredited" before "Agency";
(
d) by repealing clause (
h) and substituting the
following:
(h) "elevating device" means
(
i) respecting CAN/CSA B355-00 Lifts for Persons
with Physical Disabilities, including CAN/CSA
s1-02 Supplement No. 1 as varied by and declared
in force by the Elevating Devices Codes
Regulation (AR 62/2009), a lift as defined in that
Standard and as listed in its Clause 1.2, but does
not include things to which that Standard is stated
not to apply by its Clause 1.3,
(ii) respecting CAN/CSA Standard B311-02 Safety
Code for Manlifts as varied by and declared in
force by the Elevating Devices Codes Regulation
(AR 62/2009), a manlift (endless-belt type,
hand-powered counterbalanced type and
power-type) as defined in that Standard and for
which minimum requirements are specified by that
Standard, but does not include things to which that
Standard is stated not to apply by its Clause 1.2,
(iii) respecting ASME A17.1/CSA B44-07 Safety Code
for Elevators and Escalators as varied by and
declared in force by the Elevating Devices Codes
Regulation (AR 62/2009), the equipment covered
by that Code as stated in its Requirement 1.1.1, but
does not include the equipment not covered by that
Code as stated by its Requirement 1.1.2, and
(iv) respecting CAN/CSA Standard Z185-M87
(R2001) Safety Code for Personnel Hoists, the
things to which that Standard applies as stated in
its Requirement 1.1, but does not include things to
which that Standard does not apply as stated by its
Requirement 1.3;
(
e) by repealing clause (
i) and substituting the
following:
(i) "Freedom of Information and Protection of Privacy
Coordinator" means an employee of the Government
designated by the Deputy Minister as a Freedom of
Information and Protection of Privacy Coordinator;
(
f) by repealing clause (
l) and substituting the
following:
(l) "passenger ropeway" means a passenger ropeway or
passenger conveyor within the meaning of CSA
Standard Z98-07, Passenger Ropeways and Passenger
Conveyors, as varied by and declared in force under the
Passenger Ropeways and Passenger Conveyors
Standards Regulation (AR 190/2008);
(
g) in clause (
m) by striking out "286/2002" and
substituting "28/2012";
(
h) by repealing clause (p)(
i) and substituting the
following:
(
i) an Authorized Accredited Agency that has been
authorized to conduct and report on safety inspections
for existing elevating devices, or
Section 2 is amended
(
a) in subsection (1)(
a) by striking out "286/2002" and
substituting "28/2012";
(
b) by repealing subsection (3).
Section 3 is repealed and the following is substituted:
Authorization to assess and collect
3 The Association is authorized
(
a) to impose assessments, fees and charges with the
approval of the Minister, and
(
b) to collect money from the levy of the assessments, fees
and charges,
with respect to the powers, duties and functions delegated to it under
this Regulation, on persons who apply for or are provided with
services, materials or programs, including, but not limited to,
providing information, issuing a permit, certificate or other thing, or
notifying, filing with or registering any thing with the Association.
Section 4(1) is amended
(
a) by repealing clause (
c) and substituting the
following:
(
c) any confidential records or information acquired by the
Association, its directors, officers, employees and
agents in the course of carrying out their powers, duties
and functions under this Regulation must not be
disclosed or made known to any other person, except as
is necessary to carry out those powers, duties and
functions or in a manner consistent with the Freedom of
Information and Protection of Privacy Act;
(
b) in clause (d)
(
i) by adding "made" before "under";
(ii) by striking out "Act made" and substituting "Act";
(iii) by striking out "Freedom of Information
Coordinator" and substituting "Freedom of
Information and Protection of Privacy Coordinator".
6 Sections 5 and 6 are repealed.
Section 7(3) is amended by striking out "accredited agency"
wherever it occurs and substituting "Authorized Accredited
Agency".
Section 8(1) is amended
(
a) by adding ", or the failure to take an action or make a
decision," after "made";
(
b) in clause (
b) by adding "Accredited" after "Authorized".
Section 9 is amended
(
a) in subsection (2)
(
i) in clause (
b) by striking out "matters related to
protection of privacy" and substituting "freedom of
information and protection of privacy matters";
(ii) by repealing clause (c);
(iii) in clause (
d) by adding "and must be managed in
accordance with the Freedom of Information and
Protection of Privacy Act" after "Alberta";
(iv) in clause (
e) by striking out "confidentiality of
information" and substituting "confidentiality of
personal information";
(
v) in clause (
f) by adding "and Protection of Privacy"
before "Coordinator";
(
b) in subsection (3)
(
i) by striking out "elevators," and substituting
"elevating devices,";
(ii) in clause (
n) by striking out "286/2002" and
substituting "28/2012";
(iii) in clause (o)
(
A) by striking out "5(1)" and substituting
"6(1)";
(
B) by striking out "286/2002" and substituting
"28/2012";
(iv) in clause (p)
(
A) by striking out "7(4)" and substituting
"8(1)(b)";
(
B) by striking out "286/2002" and substituting
"28/2012".
10 The following is added after
section 10:
Advice to the Minister
10.1 The Association is authorized, with the consent of the
Minister, to provide advice to the Minister on the powers, duties and
functions delegated under this Regulation.
Section 12 is amended by striking out "April 30, 2015"
and substituting "April 30, 2020".
Alberta Regulation 53/2015
Government Organization Act
MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 102/2015)
on March 19, 2015 pursuant to
section 13 of the Government Organization Act.
1 The Municipal Affairs Grants Regulation (AR 123/2000) is
amended by this Regulation.
Section 11 is amended by striking out "March 31, 2015"
and substituting "March 31, 2017".
Schedule 2 is amended in
section 1(3) by striking out
"2015" and substituting "2017".
4 Schedules 4 and 5 are repealed.
--------------------------------
Alberta Regulation 54/2015
Municipal Government Act
PRINCIPLES AND CRITERIA FOR OFF-SITE LEVIES (EXTENSION
OF EXPIRY DATE) AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 104/2015)
on March 19, 2015 pursuant to
section 694 of the Municipal Government Act.
1 The Principles and Criteria for Off-site Levies Regulation
(AR 48/2004) is amended by this Regulation.
Section 4 is amended by striking out "March 31, 2015" and
substituting "March 31, 2018".
Alberta Regulation 55/2015
Mines and Minerals Act
MINERAL RIGHTS COMPENSATION (EXTENSION OF EXPIRY
DATE) AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 105/2015)
on March 19, 2015 pursuant to
section 5 of the Mines and Minerals Act.
1 The Mineral Rights Compensation Regulation
(AR 317/2003) is amended by this Regulation.
Section 14 is amended by striking out "April 30, 2015" and
substituting "April 30, 2020".
--------------------------------
Alberta Regulation 56/2015
Mines and Minerals Act
Natural Gas Marketing Act
Small Power Research and Development Act
ENERGY REGULATIONS (ADDITION OF EXPIRY DATE)
AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 106/2015)
on March 19, 2015 pursuant to sections 5 and 36 of the Mines and Minerals Act,
sections 8, 12, 14 and 27 of the Natural Gas Marketing Act and
section 7 of the Small
Power Research and Development Act.
1 The Coal Royalty Regulation (AR 295/92) is amended by
adding the following after
section 11:
Expiry
11.1 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 June 30, 2020.
2 The Metallic and Industrial Minerals Royalty Regulation
(AR 350/93) is amended
(
a) in the title of
Part 5 by adding "Expiry and" before
"Repeal";
(
b) by adding the following before
section 17:
Expiry
16.1 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 June 30, 2020.
3 The Natural Gas Marketing Regulation (AR 358/86) is
amended by adding the following after
section 28:
Expiry
29 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 June 30, 2020.
4 The Revenue Adjustment Regulation (AR 358/94) is
amended by adding the following after
section 13:
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 June 30, 2020.
5 The Small Power Research and Development Regulation
(AR 336/88) is amended by adding the following after
section 14:
Expiry
15 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 June 30, 2020.
Alberta Regulation 57/2015
Marketing of Agricultural Products Act
ALBERTA VEGETABLE GROWERS (PROCESSING) PLAN
AMENDMENT REGULATION
Filed: March 19, 2015
For information only: Made by the Lieutenant Governor in Council (O.C. 108/2015)
on March 19, 2015 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Vegetable Growers (Processing) Plan
Regulation (AR 273/97) is amended by this Regulation.
Section 1 is amended
(
a) by adding the following after clause (b):
(b.1) "director" means a director of the Board;
(
b) by adding the following after clause (c.01):
(c.02) "licensed processor" means a person who holds a
processor's licence under the Alberta Vegetable
Growers (Processing) Marketing Regulation
(AR 160/2007);
(
c) in clause (c.1) by striking out "Alberta Vegetable
Growers (Processing) Production and Marketing Regulation
(AR 283/97)" and substituting "Alberta Vegetable
Growers (Processing) Marketing Regulation
(AR 160/2007)";
(
d) by adding the following after clause (g):
(g.1) "producer" means any person who produces the
regulated product within any of the districts described in
section 10;
(
e) in clause (i.1) by striking out "Alberta Vegetable
Growers (Processing) Production and Marketing Regulation
(AR 283/97)" and substituting "Alberta Vegetable
Growers (Processing) Marketing Regulation
(AR 160/2007)";
Section 5(
c) is amended
(
a) by striking out ", (
g) and (i)" and substituting "and
(g)";
(
b) by striking out "(j)" and substituting "(h.1)".
Section 6 is amended
(
a) in subsection (1) by striking out "fees" and
substituting "other money payable to or received by the
Board";
(
b) in subsection (4) by striking out "and levies".
Section 8 is amended
(
a) by repealing clause (
d) and substituting the
following:
(
d) to establish and maintain a system of marketing
whereby the regulated product is marketed through
processors in accordance with this Plan and the
regulations made in respect of this Plan;
(
b) by repealing clause (
g) and substituting the
following:
(
g) to ensure the supply of sufficient regulated product to
processors;
(
c) by adding the following after clause (j):
(
k) to establish the negotiating agencies to settle matters
regarding prices and the terms, conditions and forms of
agreements relating to the marketing of the regulated
product.
Section 9 is amended
(
a) in subsection (1)
(
i) in clause (f)
(
A) in subclause (
i) by striking out "and licence
fees, as the case may be,";
(
B) in subclause (ii) by striking out "and licence
fees, as the case may be";
(ii) in clause (g)(
i) by striking out "or licence fees, as
the case may be,";
(iii) in clause (
h) by striking out ", licence fees";
(iv) by repealing clause (i);
(
b) in subsection (2)
(
i) by repealing clause (b);
(ii) by adding the following before clause (e):
(d.1) regulating and controlling the production or
marketing, or both, of the regulated product,
including the times and places at which the
regulated product may be produced or marketed;
(iii) in clause (
f) by striking out "and determining
different prices for the areas of Alberta to which the
Plan applies";
(iv) in clause (
g) by striking out "and levies";
(
v) by adding the following after clause (h):
(h.1) regulating and controlling agreements entered into
by producers of the regulated product with persons
engaged in marketing or processing of the
regulated product, including to prohibit any
provision in the agreements.
(vi) by repealing clause (i).
Section 11 is repealed and the following is substituted:
Composition of Board
11(1) The Board consists of 5 directors representing the area of
Alberta to which the Plan applies.
(2) The directors shall, at the conclusion of every annual general
meeting, elect a chair and a vice-chair from among themselves, each
for a one-year term.
(3) The Board may remove the chair if
(
a) in the opinion of the Board the chair no longer represents the
interests of the vegetable processing industry, and
(
b) at least 3 of the 5 directors, other than the chair, vote to do
so.
(4) The Board may remove the vice-chair if
(
a) in the opinion of the Board the vice-chair no longer
represents the interests of the vegetable processing industry,
and
(
b) at least 3 of the 5 directors, other than the vice-chair, vote to
do so.
Section 14(1) is amended by repealing clauses (
b) and
(c).
Section 15(1) is amended by striking out "member of the
Board" and substituting "director".
Section 16 is amended by striking out "Board members"
and substituting "directors".
Section 17 is repealed and the following is substituted:
Term of office of directors
17(1) The term of office of a director commences at the conclusion
of the annual general meeting at which the election is held to fill the
office and terminates on the conclusion of the annual general
meeting held in the 3rd year following the year in which the term
commenced.
(2) No individual shall serve more than 3 consecutive 3-year terms
as director.
(3) If an individual serves for 9 consecutive years as director, that
individual is not eligible to serve again as director until the annual
general meeting following the annual general meeting in which that
individual's term expired.
Transitional
17.1(1) Notwithstanding
section 17(1), at the 2015 annual general
meeting, the licensed producers must elect
(a) 2 individuals each as directors for a 3-year term,
(
b) one individual as director for a one-year term, and
(
c) one individual as director for a 2-year term.
(2) This
section is repealed immediately following the conclusion of
the 2015 annual general meeting.
Section 18 is amended by striking out "member of the
Board" wherever it occurs and substituting "director".
Section 19 is repealed and the following is substituted:
Vacancy
19(1) If a director's position becomes vacant during the director's
term of office, the Board may, with the approval of Council, appoint
from among the individuals eligible to be elected to the vacant
position, an individual
(
a) to fill the position for the unexpired portion of the term, or
(
b) to act as a director until the date of the next annual general
meeting, at which time the position is to be filled by an
election held in accordance with this Regulation of a director
to hold office for the unexpired portion of the term.
(2) An individual who fills a position or acts as a director pursuant
to subsection (1) for 18 months or less is not considered to have
served a term as a director for the purposes of
section 17(3).
(3) If a director's position as chair becomes vacant during the
chair's term of office, the vice-chair must assume the position and
the responsibilities of the chair for the unexpired portion of the term.
(4) If a director's position as vice-chair becomes vacant during the
vice-chair's term of office, the Board must elect from among
themselves a vice-chair to serve the unexpired portion of the term.
Section 20(1) is amended by striking out "members of the
Board" and substituting "directors".
Section 21 is amended
(
a) in subsection (1)(b)
(
i) by striking out "members of the Board" and
substituting "directors";
(ii) by striking out "number of members" and
substituting "number of directors";
(
b) by adding the following after subsection (1):
(1.1) If an individual is appointed as a proxy and the
individual is also a licensed producer or a representative of a
licensed producer, that individual is entitled to vote in that
individual's own right as a licensed producer or as a
representative of a licensed producer and on behalf of the
individual who appointed that individual as a proxy.
Section 22 is amended
(
a) in subsection (6)(
b) by striking out "statutory";
(
b) in subsection (7) by striking out "statutory".
Section 23(3)(
b) is amended
(
a) by striking out "or" at the end of subclause (i);
(
b) in subclause (ii) by striking out "statutory" and by
adding "or" after "section 22(6)(b),";
(
c) by adding the following after subclause (ii):
(iii) that individual has been appointed as a proxy pursuant
section 20(3) and deposits with the returning officer
the document under which the proxy is appointed
pursuant to
section 20(4);
Section 25 is amended
(
a) in subsection (1)(
b) by striking out "members of the
Board" and substituting "directors";
(
b) in subsection (2) by striking out "members" and
substituting "directors".
Section 31 is amended by striking out "June 30, 2015"
and substituting "November 30, 2020".
Alberta Regulation 58/2015
Electric Utilities Act
Gas Utilities Act
CODE OF CONDUCT REGULATION
Filed: March 20, 2015
For information only: Made by the Minister of Energy (M.O. 11/2015) on March 19,
2015 pursuant to sections 108, 115 and 143 of the Electric Utilities Act and sections
28.1 and 28.2 of the Gas Utilities Act.
Table of Contents
Part 1
Interpretation
Interpretation
2 Affiliated electricity retailer and affiliated gas retailer defined
Part 2
Conduct and Business
Practices
3 Conduct
Division 1
Customers
4 Tying prohibited
5 Transfer of customers
6 Prohibited representation
7 Advertising
8 Meetings between distributors or regulated rate
suppliers and retailers and customers
Division 2
Customer Information
9 Confidentiality of customer information
10 Disclosure of customer information
11 Conditions on disclosure of customer information
12 Historical electricity or gas usage
13 Aggregated customer information
Division 3
Business Practices of Distributors
and Regulated Rate Suppliers
14 Equal treatment of retailers
15 Prohibitions
16 Information about retail energy services
Part 3
Relationships Among Distributors, Regulated
Rate Suppliers and Affiliated Providers
Division 1
Preventing Unfair Competitive Advantage
17 Arrangements creating unfair competitive advantage prohibited
18 Information sharing
19 Retailer seeking customer information
20 Acquisitions, research and dispositions
21 Goods and services transactions to be at fair market value
22 Financial transactions
23 Entities carrying on more than one business
24 Access to publicly available information
Division 2
Records and Accounts
25 Records and accounts
26 Written financial transactions
27 Records of transactions for goods and services
28 Maintaining records
Part 4
Compliance Requirements
Division 1
Compliance Plans and Compliance Reports
29 Prohibition against providing retail energy
services without approved compliance plan
30 Compliance plan required
31 Approval by Commission
32 Changes to compliance plan
33 Quarterly and annual compliance reports
34 Information about complaints
35 Publication of compliance plans and reports
36 Regulation prevails
Division 2
Varying Arrangements
37 Alternative compliance arrangements
38 Emergency exceptions
Division 3
Compliance Audit
39 Appointment of auditor
40 Audit
41 Audit report
Division 4
Investigations
42 Referral of matters to MSA
43 Notice to Commission of MSA investigations
44 Information sharing between Commission and MSA
Part 5
Transitional Provisions, Repeal
and Coming into Force
45 Approvals under Code of Conduct Regulation (AR 160/2003)
46 Approvals under Code of Conduct Regulation (AR 183/2003)
47 Consents continued
48 Market Surveillance Administrator and Commission duties
49 Repeal
50 Expiry
51 Coming into force
Part 1
Interpretation
Interpretation
1(1) In this Regulation,
(a) "affiliated provider"
(
i) in respect of a distributor means
(
A) an affiliated electricity retailer or affiliated gas
retailer of the distributor,
(
B) a regulated rate supplier that is authorized by the
distributor to provide regulated energy services,
and
(ii) in respect of a regulated rate supplier means an
affiliated electricity retailer or affiliated gas retailer of
the regulated rate supplier;
(b) "auditor" means an auditor appointed under
section 39;
(c) "compliance plan" means a compliance plan approved under
section 31, as amended from time to time;
(d) "customer"
(
i) in respect of the electricity market means customer as
defined in the Electric Utilities Act, and
(ii) in respect of the natural gas market means customer as
defined in the Gas Utilities Act;
(e) "customer information" means information about a customer
that
(
i) is uniquely associated with the customer,
(ii) could be used to identify the customer, or
(iii) is provided by the customer to a distributor, a regulated
rate supplier or a retailer;
(f) "distributor"
(
i) in respect of the electricity market means an owner of
an electric distribution system, but in the case of an
entity that carries on both the business of an owner of an
electric distribution system and the business of a
regulated rate provider does not include the entity when
carrying on the business of a regulated rate provider,
and
(ii) in respect of the natural gas market means a gas
distributor, but in the case of an entity that carries on
both the business of a gas distributor and the business of
a default supply provider does not include the entity
when carrying on the business of a default supply
provider;
(g) "electricity market" means market as defined in the Electric
Utilities Act;
(h) "energy services"
(
i) in respect of the electricity market means electricity
services, and
(ii) in respect of the natural gas market means gas services
or gas distribution services;
(i) "fair market value" means the price available in an open and
unrestricted market between informed and prudent parties
acting at arm's length and under no compulsion to act,
expressed in terms of money;
(j) "financial transaction" includes a loan agreement, a grant of
security, a guarantee and any other similar arrangement for
obtaining funds or credit;
(k) "Market Surveillance Administrator" means the corporation
continued by
section 32 of the Alberta Utilities Commission
Act;
(l) "natural gas market" means natural gas market as defined in
section 31 of the Alberta Utilities Commission Act;
(m) "provide" includes sell;
(n) "regulated energy services"
(
i) in respect of the electricity market means electricity
services the costs of which are recoverable under a tariff
referred to in
section 102 or 103 of the Electric Utilities
Act that has been approved, and
(ii) in respect of the natural gas market means
(
A) gas services the costs of which are recoverable
under a default rate tariff, or
(
B) gas distribution services the costs of which are
recoverable under a distribution tariff;
(o) "regulated rate supplier"
(
i) in respect of the electricity market means a regulated
rate provider, and
(ii) in respect of the natural gas market means a default
supply provider;
(p) "regulated rate tariff"
(
i) in respect of the electricity market means a tariff
referred to in
section 103 of the Electric Utilities Act
that has been approved, and
(ii) in respect of the natural gas market means a default rate
tariff;
(q) "retail energy services"
(
i) in respect of the electricity market means retail
electricity services, and
(ii) in respect of the natural gas market means retail gas
services;
(r) "retail tariff" means a tariff for retail energy services;
(s) "retailer"
(
i) in respect of the electricity market means retailer as
defined in the Electric Utilities Act, and
(ii) in respect of the natural gas market means retailer as
defined in the Gas Utilities Act;
(t) "tariff" means a document that sets out
(
i) rates for energy services, and
services;
standards, classifications, regulations, practices and measures
that apply to energy services provided under the tariff.
(2) If a distributor, regulated rate supplier or retailer has made
arrangements under which another person performs any or all of the
functions of the distributor, regulated rate supplier or retailer, a
reference in this Regulation to distributor, regulated rate supplier or
retailer in respect of any of those functions is also a reference to that
person.
Affiliated electricity retailer and affiliated gas retailer defined
2(1) For the purposes of the Electric Utilities Act and the Gas Utilities
Act,
(a) "affiliated electricity retailer" means a retailer that is an
affiliate of
(
i) an owner of an electric distribution system, or
(ii) the regulated rate provider of an owner of an electric
distribution system;
(b) "affiliated gas retailer" means a retailer that is an affiliate of
(
i) a gas distributor, or
(ii) the default supply provider of a gas distributor.
(2) For the purposes of subsection (1), a retailer is an affiliate of an
owner of an electric distribution system, a gas distributor, a regulated
rate provider or a default supply provider
(
a) if the retailer
(
i) is a corporation of which the owner of the electric
distribution system, gas distributor, regulated rate
provider or default supply provider legally or
beneficially owns or controls, directly or indirectly,
(
A) at least 10% of the voting shares or securities that
are convertible into at least 10% of the voting
shares, or
(
B) an exercisable option or right to purchase at least
10% of the voting shares or securities that are
convertible into at least 10% of the voting shares,
(ii) is a member of a joint venture with the owner of the
electric distribution system, gas distributor, regulated
rate provider or default supply provider,
(iii) is in a partnership with the owner of the electric
distribution system, gas distributor, regulated rate
provider or default supply provider, including, without
limitation, a general partner of a limited partnership,
(iv) shares office space or office equipment with the owner
of the electric distribution system, gas distributor,
regulated rate provider or default supply provider,
(
v) accesses or uses the computer system or information
system of the owner of an electric distribution system,
gas distributor, regulated rate provider or default supply
provider, or
(vi) employs or engages persons jointly with the owner of
the electric distribution system, gas distributor,
regulated rate provider or default supply provider,
(
b) if another person legally or beneficially owns or controls,
directly or indirectly, at least a 10% interest in each of the
retailer and the owner of the electric distribution system, gas
distributor, regulated rate provider or default supply provider,
by way of voting shares, securities that are convertible into
voting shares, an exercisable option or right to purchase
voting shares, or securities that are convertible into voting
shares, or otherwise.
Part 2
Conduct and Business Practices
Conduct
3(1) Each distributor, regulated rate supplier and retailer shall
(
a) conduct itself and its activities in compliance with this
Regulation, and
(
b) ensure that any person it has authorized to perform functions
on its behalf complies with this Regulation with respect to
those functions.
(2) Each distributor, regulated rate supplier and affiliated provider
shall conduct itself and its activities in compliance with its compliance
plan.
Division 1
Customers
Tying prohibited
4(1) No distributor or regulated rate supplier shall make the provision
of regulated energy services to a customer conditional on the customer
acquiring any other goods or services from a retailer.
(2) No distributor, regulated rate supplier or retailer shall represent
that the provision of regulated energy services to a customer is
conditional on the customer acquiring any other goods or services from
a retailer.
Transfer of customers
5 No distributor or regulated rate supplier shall
(
a) transfer a customer to a retailer, or
(
b) transfer a customer from a regulated rate tariff to a retail
tariff
without the customer's consent.
Prohibited representation
6 No distributor, regulated rate supplier or retailer shall represent that
the customers of a regulated rate supplier or a retailer receive treatment
from the distributor or regulated rate supplier that is different from the
treatment received by any other customers.
Advertising
7(1) If either the name or logo of an affiliated provider of a distributor
or regulated rate supplier is similar to the name or logo of the
distributor or regulated rate supplier, the affiliated provider shall, in
accordance with this section, include the following statement on its
website and in any advertising that markets energy services:
All customers are free to purchase natural gas services from the
default supply provider or from a retailer of their choice and to
purchase electricity services from the regulated rate provider or
from a retailer of their choice. The delivery of natural gas and
electricity to you is not affected by your choice. If you change
who you purchase natural gas services or electricity services from,
you will continue receiving natural gas and electricity from the
distribution company in your service area. For a current list of
retailers you may choose from, visit www.ucahelps.gov.ab.ca or
call 310-4822 (toll free in Alberta).
(2) An entity, including a rural electrification association, that carries
on both the business of a distributor or regulated rate supplier and the
business of a retailer shall, in accordance with this section, include the
following statement on its website and in any advertising that markets
energy services:
All customers are free to purchase natural gas services from the
default supply provider or from a retailer of their choice and to
purchase electricity services from the regulated rate provider or
from a retailer of their choice. The delivery of natural gas and
electricity to you is not affected by your choice. If you change
who you purchase natural gas services or electricity services from,
you will continue receiving natural gas and electricity from the
distribution company in your service area. For a current list of
retailers you may choose from, visit www.ucahelps.gov.ab.ca or
call 310-4822 (toll free in Alberta).
(3) In the case of a website, and in the case of written advertising that
markets energy services that is mailed or emailed to a customer or
placed on the internet, the statement referred to in subsection (1) or (2)
must be
(
a) on the main page of the website, if applicable,
(
b) on the first page of the written advertising, if applicable,
(
c) in at least 12-point bold type, and
(
d) in a colour that contrasts with the background.
Meetings between distributors or regulated
rate suppliers and retailers and customers
8 Each distributor and regulated rate supplier shall make a reasonable
effort to be available equally to all retailers for joint meetings with the
retailer and the retailer's customers.
Division 2
Customer Information
Confidentiality of customer information
9 No distributor, regulated rate supplier or retailer, and no officer,
employee, contractor or agent of a distributor, regulated rate supplier
or retailer, shall disclose customer information except as permitted by
section 10.
Disclosure of customer information
10(1) A distributor, regulated rate supplier or retailer, or an officer,
employee, contractor or agent of a distributor, regulated rate supplier
or retailer, may disclose customer information if
(
a) the customer has consented to the disclosure of the
information in accordance with subsection (2),
(
b) the disclosure is permitted by subsection (3), or
(
c) the disclosure is otherwise authorized under
(
i) the Freedom of Information and Protection of Privacy
Act, in the case of a distributor, regulated rate supplier
or retailer to which that Act applies, or
(ii) the Personal Information Protection Act, in the case of
a distributor, regulated rate supplier or retailer to which
that Act applies.
(2) For the purposes of this section, the consent of a customer to the
disclosure of customer information about the customer has no effect
unless
(
a) the consent is in writing or electronic or recorded form,
(
b) the customer information that is authorized to be disclosed is
itemized in the consent,
(
c) the consent sets out the period of time that the consent is in
effect, and
(
d) in the case of a disclosure of customer information to a
retailer, the consent indicates
(
i) the retailer or retailers to which the customer
information may be disclosed, or
(ii) that the customer information may be disclosed to any
or all retailers.
(3) Customer information about a customer may be disclosed without
the customer's consent
(
a) if the customer information is contained in aggregated
information that is disclosed in accordance with
section 13,
(
b) by a distributor to a default supplier appointed by the
distributor under the Roles, Relationships and
Responsibilities Regulation, 2003 (AR 169/2003),
(
c) for the sole purpose of preventing an interruption of energy
services,
(
d) to the customer's retailer or regulated rate supplier,
(
e) for the purpose of an audit under
Part 4,
(
f) for the purpose of a court proceeding or a proceeding before
a quasi-judicial body to which the customer is a party,
(
g) for the purpose of complying with a subpoena, warrant or
order issued or made by a court, person or body having
jurisdiction to require or compel the production of
information or with a rule of court that relates to the
production of information,
(
h) to a peace officer for the purpose of investigating an offence
or to assist in an investigation undertaken with a view to a
law enforcement proceeding or from which a law
enforcement proceeding is likely to result,
(
i) if the disclosure is required by law or by an order of a
government agency having jurisdiction over a distributor,
regulated rate supplier or retailer,
(
j) to the Market Surveillance Administrator or a person
authorized by the Market Surveillance Administrator,
(
k) to the Commission or a person authorized by the
Commission,
(
l) for the purpose of billing the customer, or
(
m) for the purpose of collecting the customer's unpaid bill.
Conditions on disclosure of customer information
11(1) Where a distributor or regulated rate supplier receives a written
or electronic request for customer information about a customer from a
retailer and the consent of the customer in accordance with
section
10(2) to the disclosure of that customer information, the distributor or
regulated rate supplier shall disclose the customer information to the
retailer within 7 days after receiving the request or the consent,
whichever is later.
(2) If, in the consent referred to in subsection (1), the customer
consents to the disclosure of customer information about that customer
to 2 or more retailers, the distributor or regulated rate supplier shall
disclose the customer information to those retailers at the same time
and in the same form and manner.
(3) Subject to subsections (1) and (2), no distributor or regulated rate
supplier shall inform any person of the existence of a request, consent
or disclosure referred to in subsection (1) or (2).
Historical electricity or gas usage
12(1) Where a distributor or regulated rate supplier receives a request
from a retailer in writing or electronic form for disclosure of a
customer's historical electricity or gas usage information, the
distributor or regulated rate supplier shall, within 3 business days after
receiving the request, disclose to the retailer the customer's electricity
usage information or gas usage information for the previous 12-month
period.
(2) A retailer must not request a customer's historical electricity or gas
usage information without the customer's consent.
Aggregated customer information
13(1) No distributor or regulated rate supplier shall make aggregated
information about its customers available to a retailer except in
accordance with subsection (2).
(2) A distributor or regulated rate supplier who makes aggregated
information about its customers available to a retailer
(
a) shall ensure that the information that is made available has
been aggregated to a degree that the information of any
particular customer or retailer cannot be readily identified,
(
b) shall place on its website a notice containing a clear
description of the aggregated information and the price for
obtaining the aggregated information at least 24 hours before
the aggregated information is made available to a retailer,
and shall keep the notice on its website for at least 30 days
after the aggregated information is made available,
(
c) shall make the aggregated information available to all
retailers for the same price and under the same terms and
conditions, and
(
d) shall not charge more for the aggregated information than the
costs incurred by the distributor or regulated rate supplier in
aggregating the customer information and making it
available.
Division 3
Business Practices of Distributors and
Regulated Rate Suppliers
Equal treatment of retailers
14(1) Unless otherwise permitted by another enactment, no distributor
the regulated energy services provided by the distributor or regulated
rate supplier
(
a) give preferential treatment to an affiliated provider of the
distributor or regulated rate supplier or to an affiliated
provider's customers, or
(
b) discriminate against any retailer or against the customers of
any retailer.
(2) Each distributor and regulated rate supplier shall inform all
retailers at the same time and in the same manner of changes the
distributor or regulated rate supplier intends to make to
(
a) the regulated energy services provided by the distributor or
regulated rate supplier, or
services provided by the distributor or regulated rate supplier.
Prohibitions
15 No distributor or regulated rate supplier shall
(
a) give information about retail energy services in a manner that
encourages a customer to contact one retailer in preference to
other retailers,
(
b) solicit business on behalf of a retailer,
(
c) include or incorporate any communication for sales or
marketing purposes in any of the distributor's or regulated
rate supplier's communications to customers related to
billing for regulated energy services,
(
d) give the appearance that it is acting on behalf of a retailer or
that a retailer is acting on its behalf,
(
e) give a customer advice or assistance with respect to any
matter relating to a particular retailer, except to refer the
customer to a source where the customer may obtain a
current list of retailers that are licensed under the Fair
Trading Act to engage in the marketing of electricity business
or the marketing of gas business,
(
f) enable users of its website to access web pages relating to
retail energy services from web pages relating to the
distributor's or regulated rate supplier's regulated energy
services, unless a statement that meets the requirements of
section 7 is displayed immediately when one website is
accessed from the other, or
(
g) propose adding any services to the services provided under
the regulated rate tariff in addition to the services that are
required in the Regulated Rate Option Regulation
(AR 262/2005) or the Default Gas Supply Regulation
(AR 184/2003).
Information about retail energy services
16 If a customer requests information about retail energy services
from a distributor or regulated rate supplier, the distributor or regulated
rate supplier shall refer the customer to a source where the customer
may obtain a current list of retailers that are licensed under the Fair
Trading Act to engage in the marketing of electricity business or the
marketing of gas business.
Part 3
Relationships Among Distributors,
Regulated Rate Suppliers and Affiliated
Providers
Division 1
Preventing Unfair
Competitive Advantage
Arrangements creating unfair competitive advantage prohibited
17(1) A distributor and an affiliated provider of the distributor shall
not make arrangements that create an unfair competitive advantage for
the affiliated provider.
(2) A regulated rate supplier and an affiliated provider of the regulated
rate supplier shall not make arrangements that create an unfair
competitive advantage for the regulated rate supplier or the affiliated
provider.
(3) An entity, including a rural electrification association, that carries
on both the business of a distributor and the business of a regulated
rate supplier or retailer shall not make an internal arrangement that
creates an unfair competitive advantage for itself as a regulated rate
supplier or retailer.
(4) An entity, including a rural electrification association, that carries
on both the business of a regulated rate supplier and the business of a
retailer shall not make an internal arrangement that creates an unfair
competitive advantage for itself as a regulated rate supplier or retailer.
(5) A distributor or regulated rate supplier and an affiliated provider of
the distributor or regulated rate supplier may make arrangements to
create cost efficiencies in their operations if, in the opinion of the
Commission, the arrangements do not create an unfair competitive
advantage for the regulated rate supplier or the affiliated provider.
(6) An entity referred to in subsection (3) or (4) may make internal
arrangements to create cost efficiencies in its operations if, in the
opinion of the Commission, the arrangements do not create an unfair
competitive advantage for the entity as a regulated rate supplier or
retailer.
Information sharing
18(1) For the purposes of
section 17(1) or (2), an arrangement under
which a distributor or regulated rate supplier shares information with
an affiliated provider is deemed to create a competitive advantage for
the affiliated provider unless
(
a) in the case of information that is not customer information,
the sharing of information accords with subsection (2), or
(
b) in the case of information that is customer information, the
sharing of customer information accords with subsection (3).
(2) A distributor or regulated rate supplier may share information that
is not customer information with an affiliated provider if
(
a) no information is shared that could be used by the affiliated
provider for marketing or sales purposes, and
(
b) the distributor or regulated rate supplier and the affiliated
provider
(
i) describe in their compliance plans how the sharing of
information that could be used by the affiliated provider
for marketing or sales purposes is prevented, and
(ii) have in place appropriate data management and
information access protocols to ensure information that
could be used by the affiliated provider for marketing or
sales purposes is not shared.
(3) A distributor or regulated rate supplier may share customer
information with an affiliated provider if
(
a) the distributor or regulated rate supplier and the affiliated
provider
(
i) describe in their compliance plans the systems, policies
and mechanisms that are in place to ensure that
customer information that is received from the
distributor or regulated rate supplier is not used by the
affiliated provider for marketing or sales purposes, and
(ii) have in place appropriate data management and
information access protocols to ensure customer
information is not used by the affiliated provider for
marketing or sales purposes,
and
(
b) the customer information is permitted to be disclosed under
section 10, 11, 12 or 13.
Retailer seeking customer information
19 A retailer that seeks or receives customer information from a
current or former officer, employee, agent or contractor of a distributor
or regulated rate supplier for sales or marketing purposes seeks or
obtains an unfair competitive advantage.
Acquisitions, research and dispositions
20(1) For the purposes of
section 17(1) or (2), an arrangement under
which a distributor or regulated rate supplier and its affiliated provider
(
a) make a joint acquisition, or
(
b) share costs associated with research and development
is deemed to be an arrangement that creates an unfair competitive
advantage for the affiliated provider unless the economic benefits or
costs of the arrangement are recorded and allocated between the
distributor or regulated rate supplier and the affiliated provider in a
manner that accurately reflects the economic benefits or costs
attributable to the distributor or regulated rate supplier and the
affiliated provider.
(2) For the purposes of
section 17(1) or (2), an arrangement under
which a distributor or regulated rate supplier and its affiliated provider
separately or jointly dispose of property that the distributor or
regulated rate supplier and the affiliated provider jointly acquired is
deemed to be an arrangement that creates an unfair competitive
advantage for the affiliated provider unless the economic benefits or
costs of the arrangement are recorded and allocated, between the
distributor or regulated rate supplier and the affiliated provider in a
manner that accurately reflects the economic benefits or costs
attributable to the distributor or regulated rate supplier and the
affiliated provider.
Goods and services transactions to be at fair market value
21(1) For the purposes of
section 17(1) or (2), a transaction between a
distributor or regulated rate supplier and its affiliated provider in which
goods or services are provided or disposed of at other than fair market
value is deemed to be an arrangement that creates an unfair
competitive advantage for the affiliated provider.
(2) If the value of the goods or services provided or disposed of in a
transaction referred to in subsection (1) is regulated by a municipal,
provincial or federal government or a government agency, the
regulated value is the fair market value for the purposes of subsection
(1).
Financial transactions
22 For the purposes of
section 17(1) or (2), if a distributor or
regulated rate supplier enters into a financial transaction with, or on
behalf of, an affiliated provider of the distributor or regulated rate
supplier on terms that are more favourable to the affiliated provider
than the terms that the affiliated provider could obtain on the open
market, the financial transaction is deemed to be an arrangement that
creates an unfair competitive advantage for the affiliated provider.
Entities carrying on more than one business
23(1) For the purposes of
section 17(3), an internal arrangement
under which an entity that carries on both the business of a distributor
and the business of a regulated rate supplier or retailer uses
information that it obtains in carrying on business as a distributor for
sales or marketing purposes in carrying on business as a regulated rate
supplier or retailer is deemed to be an arrangement that creates an
unfair competitive advantage for the entity as a regulated rate supplier
or retailer.
(2) For the purposes of
section 17(4), an internal arrangement under
which an entity that carries on both the business of a regulated rate
supplier and the business of a retailer uses information that it obtains in
carrying on business as a regulated rate supplier for sales or marketing
purposes in carrying on business as a retailer is deemed to be an
arrangement that creates an unfair competitive advantage for the entity
as a retailer.
(3) For the purposes of
section 17(3), an internal arrangement under
which an entity that carries on both the business of a distributor and the
business of a regulated rate supplier or retailer records or allocates
between those businesses the economic benefits or costs associated
with
(
a) an acquisition,
(
b) research and development, or
(
c) a disposition of property
so that the economic benefits or costs attributable to those respective
businesses is not accurately reflected is deemed to an arrangement that
creates an unfair competitive advantage for the entity as a regulated
rate supplier or retailer.
(4) For the purposes of
section 17(4), an internal arrangement under
which an entity that carries on both the business of a regulated rate
supplier and the business of a retailer records or allocates between
those businesses
(
a) the economic benefits or costs associated with
(
i) an acquisition,
(ii) research and development, or
(iii) a disposition of property,
(
b) the economic benefits or costs of regulated energy services it
provides in carrying on business as a regulated rate supplier
and retail energy services it provides in carrying on business
as a retailer
so that the economic benefits or costs attributable to those respective
businesses is not accurately reflected is deemed to an arrangement that
creates an unfair competitive advantage for the entity as a regulated
rate supplier or retailer.
Access to publicly available information
24(1) Nothing in this Regulation
(
a) prevents a distributor or regulated rate supplier from giving a
retailer, or permitting a retailer to access, information held by
the distributor or regulated rate supplier that is otherwise
available to the public, or
(
b) prevents a retailer from obtaining, accessing or using
information referred to in clause (a).
(2) If a distributor or regulated rate supplier gives a retailer, or permits
a retailer to access, information referred to in subsection (1), the
distributor or regulated rate supplier shall also give other retailers, or
permit other retailers to access, that information in the same form and
manner and subject to the same conditions.
Division 2
Records and Accounts
Records and accounts
25(1) A distributor, a regulated rate supplier and an affiliated provider
of a distributor or regulated rate supplier shall each keep separate
records and accounts.
(2) An entity, including a rural electrification association, that carries
on both the business of a distributor and the business of a regulated
rate supplier or retailer, or both the business of a regulated rate supplier
and the business of a retailer, shall keep separate records and accounts
for each of those business operations in accordance with subsection
(4).
(3) A retailer that is an affiliated provider of a distributor or regulated
rate supplier shall
(
a) keep sufficient records and accounts to enable an audit to be
conducted under
Part 4, and
(
b) keep accounts in accordance with generally accepted
accounting principles.
(4) A distributor and a regulated rate supplier shall
(
a) keep sufficient records and accounts to enable an audit to be
conducted under
Part 4,
(
b) comply with any guidelines or uniform system of record
keeping required by the Commission, and
(
c) keep accounts in accordance with
(
i) generally accepted accounting principles, and
(ii) any guidelines or uniform system of accounting
required by the Commission.
Written financial transactions
26 Every financial transaction between a distributor or regulated rate
supplier and an affiliated provider of the distributor or regulated rate
supplier must be in writing.
Records of transactions for goods and services
27(1) A distributor or regulated rate supplier and an affiliated
provider of the distributor or regulated rate supplier shall each
maintain a record of
(
a) all transactions for goods and services between the distributor
or regulated rate supplier and the affiliated provider, and
(
b) the value of the transaction expressed in terms of money.
(2) If the total cost of all transactions for goods or services between a
distributor or regulated rate supplier and an affiliated provider of the
distributor or regulated rate supplier exceeds $500 000 annually or an
amount determined by the Commission, each of the transactions must
be documented by one or more written agreements and must be
supported by written evidence of the fair market value of the goods or
services.
Maintaining records
28 Each distributor, regulated rate supplier and affiliated provider,
including an entity referred to in
section 17(3) or (4), shall keep the
records, accounts, records of financial transactions, reports and plans
that are required under this Regulation or its compliance plan for at
least 6 years.
Part 4
Compliance Requirements
Division 1
Compliance Plans and
Compliance Reports
Prohibition against providing retail energy
services without approved compliance plan
29(1) No affiliated provider of a distributor or regulated rate supplier
shall provide retail energy services to customers unless
(
a) a compliance plan or plans submitted by the affiliated
provider and the distributor or regulated rate supplier under
section 30 that deal with those energy services have been
approved by the Commission, and
(
b) the affiliated provider and distributor or regulated rate
supplier have sent copies of the approved compliance plan or
plans to the persons referred to in
section 31(4).
(2) An entity referred to in
section 17(3) or (4) that carries on the
business of a retailer shall not provide retail energy services to
customers unless
(
a) a compliance plan or plans submitted by the entity that deal
with those energy services have been approved by the
Commission, and
(
b) the entity has sent copies of the approved compliance plan or
plans to the persons referred to in
section 31(4).
Compliance plan required
30(1) Each distributor, regulated rate supplier and affiliated provider
of a distributor or regulated rate supplier shall
(
a) prepare a compliance plan setting out the systems, policies
and mechanisms that the distributor, regulated rate supplier
or affiliated provider intends to use to ensure that the
distributor, regulated rate supplier or affiliated provider and
its officers, employees, agents and contractors comply with
this Regulation, and
(
b) file the compliance plan with the Commission.
(2) A compliance plan may be prepared and filed jointly by a
distributor or regulated rate supplier and an affiliated provider of the
distributor or regulated rate supplier.
(3) A compliance plan may deal with one or more of the types of
energy services provided by the distributor, regulated rate supplier or
affiliated provider.
(4) Subject to
section 37(1), a compliance plan must include at least
the following:
(
a) in the case of a distributor or regulated rate supplier, a list of
the distributor's or regulated rate supplier's affiliated
providers;
(
b) in the case of an affiliated provider of a distributor or
regulated rate supplier, a list of the distributors or regulated
rate suppliers of which it is an affiliated provider;
(
c) a description of the systems and mechanisms, and a copy of
the policies, that are in place to ensure compliance with this
Regulation;
(
d) a description of how officers, employees, agents and
contractors of the distributor, regulated rate supplier or
affiliated provider will be informed about this Regulation, the
compliance plan and their duties and responsibilities under
this Regulation and the compliance plan;
(
e) a description of how compliance with this Regulation and the
compliance plan will be internally monitored by the
distributor, regulated rate supplier or affiliated provider and
how non-compliance with this Regulation and the
compliance plan will be identified and mitigated, including
the name or names of the persons accountable for
(
i) development of the compliance plan,
(ii) implementing and monitoring the compliance plan and
recommending changes as required, and
(iii) internally ensuring compliance with this Regulation and
the compliance plan and mitigating issues of non-
compliance;
(
f) a description of the contents required to be included in
quarterly compliance reports to the board of directors of the
distributor, regulated rate supplier or affiliated provider and
the annual compliance report to the Commission required by
section 33;
(
g) a description of the manner in which economic benefits and
costs of arrangements are to be recorded and allocated for the
purposes of
Part 3;
(
h) a description of the means that will be used to ensure that
auditors have sufficient access to officers, employees, agents,
contractors and information systems of the distributor,
regulated rate supplier or affiliated provider to perform the
audit required under this Part;
(
i) a description of how the notice required by
section 34 will be
given to the public;
(
j) a description of the procedure that may be used for the
voluntary resolution of complaints about non-compliance
with this Regulation or the compliance plan;
(
k) a description of the systems and mechanisms, and a copy of
the policies, that are in place to ensure compliance with the
rules respecting service standards made by the Commission
under
section 129(1) of the Electric Utilities Act or
section
28.3(1) of the Gas Utilities Act relating to
(
i) billing and billing services to be provided to customers,
and
(ii) the process, procedures and standards for transfer of
data relating to distribution tariffs;
(
l) any other information required by any rules made by the
Commission respecting compliance plans.
Approval by Commission
31(1) The Commission may
(
a) approve a compliance plan, with or without changes and with
or without conditions, or
(
b) refuse to approve a compliance plan.
(2) A compliance plan approved under subsection (1) remains in effect
until the expiry of the period prescribed by the Commission or until the
Commission revokes the compliance plan, whichever occurs first.
(3) The Commission shall send the Market Surveillance Administrator
a copy of a compliance plan approved under subsection (1).
(4) Each distributor, regulated rate supplier and affiliated provider of a
distributor or regulated rate supplier shall, as soon as practicable after
receiving the Commission's approval of its compliance plan, send a
copy of the compliance plan
(
a) in the case of a distributor or regulated rate supplier, to the
affiliated provider of the distributor or regulated rate
supplier,
(
b) in the case of an affiliated provider of a distributor or
regulated rate supplier, to the distributors or regulated rate
suppliers of which it is an affiliated provider, and
(
c) to its officers, employees, agents and contractors affected by
the plan.
Changes to compliance plan
32(1) Each distributor, regulated rate supplier and affiliated provider
of a distributor or regulated rate supplier shall keep its compliance plan
up to date and shall make changes to the compliance plan to reflect
changes in circumstances or changes to this Regulation.
(2) A change to a compliance plan must be submitted to the
Commission for approval
(
a) within 60 days following a change in circumstances or an
amendment to this Regulation that requires a change to a
compliance plan, or
(
b) as soon as practicable when a change to the plan is made for
a reason other than a reason referred to in clause (a).
(3) On receipt of a proposed change to a compliance plan, the
Commission may
(
a) approve the proposed change, with or without changes and
with or without conditions,
(
b) direct other changes to be made to the compliance plan, or
(
c) refuse to approve the proposed change.
(4) The Commission shall send a copy of approved changes to a
compliance plan to the Market Surveillance Administrator.
(5) Each distributor, regulated rate supplier and affiliated provider of a
distributor or regulated rate supplier shall, as soon as practicable after
receiving the Commission's approval of changes to its compliance
plan, send a copy of the changes to the compliance plan
(
a) in the case of a distributor or regulated rate supplier, to the
affiliated providers of the distributor or regulated rate
supplier,
(
b) in the case of an affiliated provider of a distributor or
regulated rate supplier, to the distributors or regulated rate
suppliers of which it is an affiliated provider, and
(
c) to its officers, employees, agents and contractors affected by
the plan.
Quarterly and annual compliance reports
33(1) Subject to
section 37(1)(b), the senior management of each
distributor, regulated rate supplier and affiliated provider of a
distributor or regulated rate supplier shall in each quarter of a calendar
year prepare a compliance report for the board of directors of the
distributor, regulated rate supplier or affiliated provider that includes a
description of
(
a) any non-compliance with this Regulation or the compliance
plan,
(
b) the action taken to remedy any non-compliance, and
(
c) any complaints of non-compliance with this Regulation or
the compliance plan, and how the complaints have been dealt
with.
(2) Subject to
section 37(1)(c), within 90 days after the end of each
calendar year, each distributor, regulated rate supplier and affiliated
provider of a distributor or regulated rate supplier shall send to the
Commission an annual compliance report that has been approved by
the board of directors of the distributor, regulated rate supplier or
affiliated provider, describing the matters referred to in subsection
(1) for the calendar year.
(3) The Commission shall send the Market Surveillance Administrator
copies of the annual compliance reports received under subsection (2).
Information about complaints
34(1) Each distributor, regulated rate supplier and affiliated provider
of a distributor or regulated rate supplier shall give notice to the public
in accordance with its compliance plan that complaints about
contraventions of this Regulation may be made to the Commission or
the Market Surveillance Administrator.
(2) The notice referred to in subsection (1) must
(
a) be approved by the Commission before it is given to the
public,
(
b) be given in a manner that ensures that the greatest number of
people will become aware of it, and
(
c) make clear that the Commission and the Market Surveillance
Administrator are independent of distributors, regulated rate
suppliers and affiliated providers.
Publication of compliance plans and reports
35 The Commission may make available to the public some or all of
the contents of a compliance plan or compliance report of a distributor,
regulated rate supplier or affiliated provider.
Regulation prevails
36 If there is a conflict or inconsistency between a provision of a
compliance plan and a provision of this Regulation, the provision of
this Regulation prevails to the extent of the conflict or inconsistency.
Division 2
Varying Arrangements
Alternative compliance arrangements
37(1) The Commission may, in accordance with its rules made under
section 76 of the Alberta Utilities Commission Act,
(
a) vary the requirements of
section 30(4) in the case of a
distributor with a small number of customers or if the
Commission is satisfied that it is in the public interest to do
so,
(
b) vary the intervals at which compliance reports are required to
be prepared under
section 33(1), and
(
c) require a distributor, regulated rate supplier or an affiliated
provider of a distributor or regulated rate supplier to send to
the Commission a compliance report prepared under
section
33(1).
(2) The Commission must not approve a compliance plan that meets
varied requirements unless the Commission is satisfied that it is in the
public interest to do so.
Emergency exceptions
38 Any action taken by a distributor, a regulated rate supplier or an
affiliated provider of a distributor or regulated rate supplier in response
to an emergency that threatens public safety, the safety of its officers,
employees, agents or contractors, the physical integrity of its facilities
or system reliability does not contravene this Regulation or a
compliance plan.
Division 3
Compliance Audit
Appointment of auditor
39(1) The Commission shall appoint one or more auditors to audit the
records and accounts of distributors, regulated rate suppliers and
affiliated providers and to prepare audit reports in accordance with this
Division.
(2) The Commission may appoint employees or contractors of the
Commission for the purposes of subsection (1).
Audit
40(1) An auditor must conduct an audit of the records and accounts of
an affiliated provider and each distributor or regulated rate supplier of
which it is an affiliated provider
(
a) not later than 6 months after the end of the calendar year in
which the affiliated provider begins to provide energy
services to customers, and
(
b) at least once in every 36 months during which the affiliated
provider provides energy services to customers.
(2) An affiliated provider and each distributor or regulated rate
supplier of which it is an affiliated provider shall give the auditor
access to any information the auditor requests to conduct the audit.
(3) The auditor's costs and expenses are to be paid by the Commission
and the Commission may, in accordance with its rules made under
section 76 of the Alberta Utilities Commission Act, recover the costs
and expenses from an affiliated provider, distributor or regulated rate
supplier.
(4) The Commission may, in accordance with its rules made under
section 76 of the Alberta Utilities Commission Act, exempt an
affiliated provider, distributor or regulated rate supplier from the