Alberta Gazette — 28 February (ii)
0228 ii
Alberta — Gazette
Alberta Regulation 16/2004
Safety Codes Act
ADMINISTRATIVE ITEMS REGULATION
Filed: February 4, 2004
Made by the Lieutenant Governor in Council (O.C. 4/2004) on February 4, 2004
pursuant to
section 65 of the Safety Codes Act.
Table of Contents
Interpretation
General
2 Mines exemption
3 Safety codes officer identification
4 Safety codes officer probationary certification
5 Service of orders and notices
6 Format and content of orders
7 Information system
Reporting Fires, Accidents and Unsafe Conditions
8 Reporting and investigating fires
9 Fire investigation report
10 No fire insurance
11 Insurance companies reporting fires
12 Reporting in the gas discipline
13 Reporting in the plumbing discipline
14 Reporting in the private sewage disposal discipline
15 Reporting in the electrical discipline
16 Reporting in the elevating devices discipline
17 Reporting in the pressure equipment discipline
Seals and Stamps
18 Complex projects
19 Design of pressure equipment
20 Design of amusement rides
Architect, Engineer Review
21 Review of building
22 Review of sprinkler system
23 Review of fire alarm system
24 Review of wood foundation
Repeals, Expiry and Coming into Force
25 Repeals
26 Expiry
27 Coming into force
Interpretation
1 In this Regulation,
(a) "Act" means the Safety Codes Act;
(b) "Alberta Building Code" means the Alberta Building Code
1997 declared in force by the Building Code Regulation
(AR 50/98);
(c) "architectural work" means the preparation of designs for the
erection of, construction of or addition to a building but does
not include engineering work;
(d) "engineering work" means the preparation of designs for
electrical, mechanical and structural systems or components
of buildings and includes applicable geotechnical engineering
work and the design of pressure equipment;
(e) "Fire Commissioner" means the Fire Commissioner
employed by the Government within the Department of
Municipal Affairs;
(f) "plans" include drawings;
(g) "professional engineer" means a person who is permitted to
practise engineering under the Engineering, Geological and
Geophysical Professions Act;
(h) "registered architect" means a person who is permitted to
practise architecture under the Architects Act.
General
Mines exemption
2(1) For purposes of applying the Act and the regulations under the
Act, "electrical system" does not include electrical systems used in
mines regulated by the Mines Safety Regulation (AR 292/95).
(2) The regulations under the Act do not apply to the design,
manufacture, construction, sale, installation, operation, occupancy and
maintenance of elevating devices used in mines regulated by the Mines
Safety Regulation (AR 292/95).
Safety codes officer identification
3 Identification of a person as a safety codes officer consists of an
identification card that
(
a) has a photograph of the person,
(
b) is signed by the person,
(
c) states the person's name and number of the person's
certificate of competency,
(
d) states that the person is a safety codes officer appointed
under the Act,
(
e) states the discipline and competency level to which the
person's powers and duties relate,
(
f) states the expiry date of the identification card, and
(
g) purports to be signed by an Administrator.
Safety codes officer probationary certification
4(1) On receipt of an application for designation as a safety codes
officer, an Administrator who is authorized to issue certificates of
competency and to designate the powers that a safety codes officer
may exercise may issue a probationary certificate of competency to the
applicant if
(
a) the Administrator believes that the applicant's training and
experience are adequate to enable the applicant to function
adequately as a safety codes officer in a specific discipline,
(
b) the applicant has partial qualifications and is diligently
undertaking the process of completing qualifications to
permit a certificate of competency to be issued.
(2) The Administrator shall not include authorization to exercise the
powers under
section 49 of the Act in a designation of powers for a
safety codes officer who holds a probationary certificate of
competency.
(3) A probationary certificate of competency must contain an expiry
date.
Service of orders and notices
5(1) An order issued, confirmed, revoked or varied under the Act and
a written notice required by the Act to be issued must be served
(
a) in the case of an individual,
(
i) by personal service,
(ii) by leaving it for the individual with a person apparently
at least 18 years of age at the individual's current or
most usual dwelling place,
(iii) by sending it by registered mail to the individual's last
known address, or
(iv) by sending it by facsimile or other form of electronic
transmission to the individual's last known facsimile
number or electronic address, if there is a record of so
sending it,
and
(
b) in the case of a corporation,
(
i) by leaving it with a director, manager or officer of the
corporation, or the president, chairperson or other head
officer, by whatever name that person is known, of the
corporation,
(ii) by leaving it at the corporation's registered office,
(iii) by sending it by registered mail to the corporation's
registered office, or
(iv) in the case of an extra-provincial corporation, by
leaving it with, at the address of, or by sending it by
registered mail to the address of, the corporation's
attorney for service appointed as required by the
Business Corporations Act.
(2) The Safety Codes Council, a sub-council of the Safety Codes
Council, an Administrator or a safety codes officer may request the
assistance of a peace officer in the service of an order.
Format and content of orders
6 An order issued under the Act must
(
a) be mechanically written or handwritten in a legible manner,
on paper,
(
b) state that it is an order,
(
c) identify the
section in the Act providing the authority under
which the order is issued,
(
d) identify the safety codes officer who is issuing the order and
the employer of the safety codes officer,
(
e) identify the contravention, if that is the subject-matter of the
order, including the
section of the code, standard or body of
rules that has been contravened, if applicable, and
(
f) include
(
i) the name of the person or persons to whom the order is
issued,
(ii) the personal or business address of the person or
persons to whom the order is issued,
(iii) the municipal address or legal description of the
property on which the thing, process or activity that is
the subject-matter of the order is located,
(iv) instructions and information regarding the procedure for
requesting a review of the order by an Administrator,
(
v) the name, address, telephone and facsimile numbers of
an Administrator in respect of the discipline of the
safety codes officer who is issuing the order,
(vi) instructions and information regarding the procedure for
starting an appeal of the order,
(vii) the address, telephone and facsimile numbers of the
Safety Codes Council, and
(viii) notice that non-compliance with the instructions of the
order is an offence under the Act.
Information system
7(1) An Administrator or the Safety Codes Council may maintain
information systems respecting any or all matters under the Act.
(2) Entries may be made to the information system by an
Administrator or the Safety Codes Council.
(3) When a person requests a search of an information system for
variances or outstanding orders pursuant to
section 63(3) of the Act,
the information must be issued if all the applicable fees have been
paid.
Reporting Fires, Accidents and
Unsafe Conditions
Reporting and investigating fires
8(1) Subject to subsection (2), if the responding officer of a fire
department knows of a fire within the department's jurisdiction in
which a person dies or suffers an injury that requires professional
medical attention or in which property is damaged or destroyed, the
reporting officer must report the fire to a safety codes officer for the
fire discipline.
(2) A safety codes officer for the fire discipline must investigate the
cause, origin and circumstances of every fire within the safety codes
officer's jurisdiction in which a person dies or suffers injury that
requires professional medical attention or in which property is
damaged or destroyed.
(3) This
section does not apply to forest fires.
Fire investigation report
9 A safety codes officer for the fire discipline who investigates the
causes and circumstances of a fire must
(
a) within 30 days after the date of the fire started prepare and
submit to the Fire Commissioner a report in a form
satisfactory to the Fire Commissioner, and
(
b) immediately notify the Fire Commissioner if the safety codes
officer has information that indicates the fire,
(
i) is or may be of incendiary origin, or
(ii) has resulted in loss of life,
and
(
c) provide to the Fire Commissioner any further information
respecting the investigation that the Fire Commissioner
requests.
No fire insurance
10 A person, firm or corporation that sustains a loss by fire of
property in Alberta on which no insurance is in effect must, within 10
days after the occurrence of the fire, submit to the Fire Commissioner a
report in a form satisfactory to the Fire Commissioner.
Insurance companies reporting fires
11(1) An insurance company licensed to undertake contracts for fire
insurance in Alberta must, within 7 days after the end of every month,
submit to the Fire Commissioner a report in a form satisfactory to the
Fire Commissioner regarding every fire that occurred in Alberta in the
previous month and in which that company is interested as insurer.
(2) A person who sustains loss by fire of property in Alberta that is
insured wholly or partially with an insurance company not licensed or
registered under the Insurance Act must, within 10 days after complete
proofs of the loss are submitted to the company with which the
insurance is placed, submit a report to the Fire Commissioner in a form
satisfactory to the Fire Commissioner.
(3) A person engaged in making adjustments of a loss or damage by
fire in Alberta must, within 7 days after the end of every month, submit
to the Fire Commissioner a report in a form satisfactory to the Fire
Commissioner showing the adjustments made by the adjuster in the
previous month.
(4) A person engaged in
(
a) making adjustments of a loss or damage by fire, or
(
b) investigating a fire, other than a peace officer or a person
making an investigation under
section 34 of the Act,
must immediately notify the Fire Commissioner if that person has
information that indicates the fire is or may be of incendiary origin.
Reporting in the gas discipline
12(1) Subject to subsection (2), a person who knows of
(
a) a fatality involving a gas installation or gas equipment,
(
b) property damage estimated to exceed $250, if it is caused by
a fire or explosion, or
(
c) an accident involving a gas installation or gas equipment
where the accident results in injury to a person that requires
professional medical attention,
must notify a safety codes officer for the gas discipline of the
circumstances and details of the accident and provide the safety codes
officer with any other information that the safety codes officer requests
and the safety codes officer must notify an Administrator for the gas
discipline of the accident.
(2) Subsection (1) does not apply to a person who knows or has
reasonable grounds to believe that the accident has been reported to a
safety codes officer for the gas discipline.
Reporting in the plumbing discipline
13 An operator of a public water supply system who knows of an
accident or an unsafe condition related to the supply or use of the
public water supply system must, as soon as practicable, notify an
Administrator for the plumbing discipline.
Reporting in the private sewage disposal discipline
14 A person who knows of an accident or unsafe condition related to
the use of a private sewage disposal system must, as soon as
practicable, notify an Administrator for the plumbing discipline.
Reporting in the electrical discipline
15(1) Subject to subsection (2), any person who knows of
(
a) an accident to a person, a fatal accident to livestock or a
power line contact involving an electrical installation or
electrical equipment, or
(
b) a fire of electrical origin or suspected electrical origin
must, as soon as practicable, report the accident, contact or fire to an
Administrator for the electrical discipline or to a safety codes officer
and the safety codes officer must notify an Administrator for the
electrical discipline.
(2) Subsection (1) does not apply to a person who knows or has
reasonable grounds to believe that the accident, contact or fire has
already been reported to a safety codes officer or an Administrator for
the electrical discipline.
(3) After an accident described in subsection (1), no person shall
remove or interfere with anything in, on or about the place where the
accident occurred until permission has been granted by a safety codes
officer for the electrical discipline, unless it is necessary to do so to
prevent death or injury, to protect property or to restore service.
Reporting in the elevating devices discipline
16 An owner of an elevating device or an owner's agent must
(
a) notify an Administrator for the elevating devices discipline or
a safety codes officer and the safety codes officer must notify
an Administrator for the elevating devices discipline as soon
as practicable after an accident involving the elevating device
that results in death or serious injury to a person or damage to
equipment, and
(
b) if requested by an Administrator for the elevating devices
discipline, submit, as soon as practicable, a full written report
of any accident involving the elevating device that results in
death or serious injury to a person or damage to equipment.
Reporting in the pressure equipment discipline
17(1) If an accident involving pressure equipment, a power plant,
heating plant or pressure plant occurs and the accident results in
damage to property or in injury to or death of a person, the owner or
person in charge must send a full written report by registered mail to
an Administrator for the pressure equipment discipline as soon as
practicable after the accident and must specify in the report
(
a) the exact place of the accident,
(
b) the name of any person killed or injured as a result of the
accident,
(
c) a description of any damage to the property, and
(
d) the cause and particulars of the accident, as far as can be
ascertained.
(2) After an accident referred to in subsection (1), no person shall
remove or interfere with anything in, on or about the place where the
accident occurred until a safety codes officer for the pressure
equipment discipline has made an inspection of the place, except
insofar as may be necessary for the purpose of preventing death or
injury or protecting property.
Seals and Stamps
Complex projects
18(1) If, in the opinion of a safety codes officer, the size or
complexity of a project may give rise to special safety concerns, the
safety codes officer may require that all plans and specifications, or
any part of them, for the project's
(
a) buildings,
(
b) electrical systems,
(
c) elevating devices,
(
d) gas systems,
(
e) plumbing and private sewage disposal systems,
(
f) pressure equipment, or
(
g) fire protection systems and equipment,
be imprinted with a seal or stamp affixed by a professional engineer if
engineering work is involved or by a registered architect, if
architectural work is involved or by both if both types of work are
involved.
(2) If, in the opinion of a safety codes officer, the size or complexity
of a project may give rise to special safety concerns, the safety codes
officer may require that the construction of any or all of the project's
(
a) buildings,
(
b) electrical systems,
(
c) elevating devices,
(
d) gas systems,
(
e) plumbing and private sewage disposal systems,
(
f) pressure equipment, or
(
g) fire protection systems and equipment,
be reviewed during construction by a professional engineer if
engineering work is involved or by a registered architect if
architectural work is involved or by both if both types of work are
involved.
Design of pressure equipment
19 A safety codes officer may accept plans for the design and
manufacture of pressure equipment with a seal affixed by a
professional engineer or an engineer who is registered in any province
or territory of Canada or in any state of the United States of America.
Design of amusement rides
20 A safety codes officer may accept plans for the design of
amusement rides with a seal affixed by an engineer who is registered
in any jurisdiction.
Architect, Engineer Review
Review of building
21 An owner who intends to construct a building, other than a
building described in Sentence 2.3.3.1.(2) of the Alberta Building
Code, must submit evidence to a safety codes officer, before any work
begins, that the owner has retained
(
a) a registered architect,
(
b) a professional engineer, or
(
c) an appropriate combination of professionals described in
clauses (
a) and (b),
to carry out a review required by
section 18(2), 22, 23 or 24 during the
construction of the building.
Review of sprinkler system
22 An owner who intends to construct a sprinkler system described
in Sentence 2.3.3.2.(1) of the Alberta Building Code must submit
evidence to a safety codes officer, before any work begins, that the
owner has retained a professional engineer to
(
a) review the system during installation, and
(
b) perform verification of the system after installation.
Review of fire alarm system
23 An owner who intends to install a fire alarm system described in
Sentence 2.3.3.3.(1) of the Alberta Building Code must submit
evidence to a safety codes officer, before any work begins, that the
owner has retained a professional engineer to
(
a) review the system during installation, and
(
b) perform verification of the system after installation.
Review of wood foundation
24 An owner who intends to construct a preserved wood foundation
that is required by
Article 9.15.1.3 of the Alberta Building Code to be
designed by a professional engineer or registered architect, must
submit evidence to a safety codes officer, before any work begins, that
the owner has retained a registered architect or professional engineer to
carry out a review during construction.
Repeals, Expiry and
Coming into Force
Repeals
25 The following regulations are repealed:
(
a) the Administrative Items Regulation (AR 83/94);
(
b) the Administration and Information Systems Regulation
(AR 55/95).
Expiry
26 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 April 30, 2011.
Coming into force
27 This Regulation comes into force on April 1, 2004.
--------------------------------
Alberta Regulation 17/2004
Safety Codes Act
SAFETY CODES REGULATIONS (EXPIRY) AMENDMENT REGULATION
Filed: February 4, 2004
Made by the Lieutenant Governor in Council (O.C. 5/2004) on February 4, 2004
pursuant to
section 65 of the Safety Codes Act.
1(1) The Design, Construction and Installation of Boilers
and Pressure Vessels Regulations (AR 227/75) are amended
by this section.
(2) Section 62 is amended by striking out "March 31, 2004"
and substituting "March 31, 2005".
2(1) The Boilers and Pressure Vessels Regulation (AR
293/94) is amended by this section.
(2) Section 9.1 is amended by striking out "March 31, 2004"
and substituting "March 31, 2005".
Alberta Regulation 18/2004
Ambulance Services Act
CONFIDENTIALITY AMENDMENT REGULATION
Filed: February 4, 2004
Made by the Lieutenant Governor in Council (O.C. 13/2004) on February 4, 2004
pursuant to
section 37 of the Ambulance Services Act.
1 The Confidentiality Regulation (AR 38/99) is amended by
this Regulation.
Section 5(
g) is amended by striking out "section 18" and
substituting "section 38".
Section 10 is amended by striking out "March 1, 2004" and
substituting "April 30, 2007".
--------------------------------
Alberta Regulation 19/2004
Mental Health Act
MENTAL HEALTH REGULATION
Filed: February 4, 2004
Made by the Lieutenant Governor in Council (O.C. 15/2004) on February 4, 2004
pursuant to
section 53 of the Mental Health Act.
Table of Contents
1 Designation of facilities
2 Liability for costs
3 Diagnostic and treatment centres
4 Repeal
5 Expiry
Designation of facilities
1(1) The following places are designated as facilities for the purposes
section 1(
d) of the Act:
(
a) Alberta Hospital Edmonton;
(
b) Alberta Hospital Ponoka;
(
c) Calgary Health Region Peter Lougheed Centre;
(
d) Calgary Health Region Foothills Medical Centre;
(
e) Misericordia Community Hospital;
(
f) Royal Alexandra Hospital;
(
g) University of Alberta Hospital;
(
h) Grey Nuns Community Hospital;
(
i) Lethbridge Regional Hospital;
(
j) Medicine Hat Regional Hospital;
(
k) Northern Lights Regional Health Centre;
(
l) Queen Elizabeth II Hospital;
(
m) Calgary Health Region Rockyview General Hospital;
(
n) Claresholm Care Centre;
(
o) Red Deer Regional Hospital Centre.
(2) The Forensic Services Units of both Calgary Health Region Peter
Lougheed Centre and Alberta Hospital Edmonton are designated as
facilities for the purposes of
section 13 of the Act.
Liability for costs
2(1) Subject to
section 6 of the Hospitalization Benefits Regulation
(AR 244/90) and to subsection (2), if an individual is conveyed to a
facility under
section 4, 10, 12 or 24 of the Act and detained there,
(
a) the board of that facility shall pay the cost of transportation
by ambulance, air ambulance, charter aircraft or other
commercial vehicle to convey that individual to the facility,
and
(
b) the board of the facility from which that individual is
subsequently discharged shall pay the cost of transportation
to convey the individual to the place where the individual
was apprehended or to the individual's home, whichever that
board decides.
(2) If the costs referred to in subsection (1) are covered by an
agreement under
section 49(
c) of the Act or an agreement under any
other enactment, the person who is responsible for those costs under
that agreement is liable for the costs referred to in subsection (1).
(3) A formal patient or any other individual detained under the Act is
not liable for any costs, charges or expenses with respect to that
individual's conveyance, observation, examination, assessment,
admission, treatment or accommodation during the period of the
detention, except that
section 5(1)(
c) and (2) of the Hospitalization
Benefits Regulation (AR 244/90) apply.
(4) For the purposes of this Regulation,
section 30 of the Hospitals Act
and the Hospitalization Benefits Regulation (AR 244/90) are to be
considered as applying to patients, other than formal patients and
patients who are detained in a facility under the Act.
(5) For the purposes of this section, admission to a facility is
considered to be admission to a general hospital as defined in the
Hospitals Act.
Diagnostic and treatment centres
3 Subject to any agreement under
section 49(
c) of the Act, the
operator of the Raymond Care Centre, a diagnostic and treatment
centre referred to in
section 49(
b) of the Act, is entitled to charge,
(
a) in respect of an individual who is entitled under
Part 3 of the
Hospitals Act to receive insured services, the standard ward
accommodation rate referred to in
section 5(1)(
d) of the
Hospitalization Benefits Regulation (AR 244/90), and
(
b) in respect of an individual who is not so entitled, the rates
approved by the Minister under
section 9 of that Regulation.
Repeal
4 The Mental Health Regulation (AR 309/89) is repealed.
Expiry
5 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on December 29, 2011.
Alberta Regulation 20/2004
Blind Persons' Rights Act
GUIDE DOGS QUALIFICATIONS AMENDMENT REGULATION
Filed: February 4, 2004
Made by the Lieutenant Governor in Council (O.C. 30/2004) on February 4, 2004
pursuant to
section 7 of the Blind Persons' Rights Act.
1 The Guide Dogs Qualifications Regulations (AR 108/79)
are amended by this Regulation.
Section 2 is amended by striking out "March 31, 2004" and
substituting "March 31, 2005".
--------------------------------
Alberta Regulation 21/2004
Provincial Parks Act
DISPOSITIONS AMENDMENT REGULATION
Filed: February 4, 2004
Made by the Lieutenant Governor in Council (O.C. 32/2004) on February 4, 2004
pursuant to
section 9 of the Provincial Parks Act.
1 The Dispositions Regulations (AR 241/77) are amended by
this Regulation.
Section 1 is amended
(
a) in clause (
a) by striking out "The Provincial Parks Act,
1974" and substituting "the Provincial Parks Act";
(
b) in clause (
c) by striking out "6(2)" and substituting
"5(2)".
Section 2(2)(
b) is amended by striking out "provisions of
The Prohibition Against Dealing in Crown Lands General Regulations
filed as Alberta Regulation 96/61" and substituting "Public Service
Act".
Section 5 is amended by striking out "him to decide" and
substituting "the decision".
Section 8 is amended
(
a) in clause (
a) by striking out "his" and substituting
"the";
(
b) in clause (
c) by striking out "against him" and
substituting "for the grant";
(
c) in clause (
e) by striking out "granted to him";
(
d) in clause (
h) by striking out "him" and substituting
"the holder";
(
e) in clause (
n) by striking out "he" and substituting
"the holder".
Section 12 is amended
(
a) by striking out "he" and substituting "the Minister";
(
b) by striking out "him" and substituting "the holder".
Section 13(1) is amended by striking out "of him".
Section 19 is amended
(
a) in subsection (1)
(
i) in clause (
d) by striking out "his" and
substituting "the";
(ii) elsewhere by striking out "his" wherever it
occurs and substituting "the holder's";
(
b) in subsection (2) by striking out "his" and
substituting "the Minister's";
(
c) in subsection (3) by striking out "him in respect of or
incidential to his" and substituting "the holder in respect
of or incidental to the holder's".
Section 20 is amended
(
a) in subsection (1) by striking out "him" and
substituting "the holder";
(
b) in subsection (2)
(
i) by striking out "his";
(ii) by striking out "he" wherever it occurs and
substituting "the Minister".
Section 23(1) is amended by striking out "his" and
substituting "the holder's".
Section 24(3) is amended by striking out "he" and
substituting "the applicant".
Section 26(1) is amended by striking out "his" and
substituting "the holder's".
Section 28 is amended
(
a) in subsection (2) by striking out "his" and
substituting "the applicant's";
(
b) by repealing subsection (3).
Section 30(2) is amended by striking out "he" and
substituting "the applicant".
15 Sections 31 and 33 are amended by striking out "he"
and substituting "that person".
Section 34 is amended
(
a) in subsection (1)
(
i) by striking out "his" and substituting "the
holder's";
(ii) by striking out "by him";
(
b) in subsection (2) by striking out "he" and
substituting "the Minister".
Section 38 is amended
(
a) by striking out "his" and substituting "the holder's";
(
b) in clause (b)
(
i) by striking out "he is";
(ii) by striking out "by him and maintained by him" and
substituting "and maintained by that holder";
(
c) in clause (
c) by striking out "plow" wherever it
occurs and substituting "plough";
(
d) in clauses (d), (
e) and (
h) by striking out "he" and
substituting "the holder".
Section 39 is amended by striking out "he" wherever it
occurs and substituting "the member".
Section 40 is amended
(
a) in subsection (1) by striking out "he" and
substituting "the Minister";
(
b) in subsection (2) by striking out "his" and
substituting "the holder's".
Section 41 is amended by striking out "he" and
substituting "the Minister".
Section 43 is amended by striking out "his" and
substituting "the".
Section 44 is amended
(
a) in subsection (2) by striking out "he" and
substituting "the Minister";
(
b) in subsection (3) by striking out "he" and
substituting "the holder".
Section 51 is amended by striking out "he" wherever it
occurs and substituting "the applicant".
Section 52(3) is amended
(
a) by adding "that person" after "unless";
(
b) by striking out "he" wherever it occurs.
Section 53 is amended by striking out "unless he has" and
substituting "without".
Section 56 is amended
(
a) by striking out "his" and substituting "that holder's";
(
b) by striking out "he" and substituting "that holder".
Section 57(1) is amended
(
a) by striking out "he" and substituting "the holder";
(
b) by striking out "his" and substituting "the holder's".
Section 59 is amended
(
a) by striking out "his" and substituting "the";
(
b) in clause (
b) by striking out "he" wherever it occurs
and substituting "the applicant".
Section 63 is amended
(
a) in subsection (1) by striking out "his" and
substituting "the holder's";
(
b) in subsection (2) by striking out "him" and
substituting "the holder".
Section 64(3) is amended by striking out "he" and
substituting "the Minister".
Part 9 is repealed.
Section 77 is amended by striking out "he" wherever it
occurs and substituting "the applicant".
Section 78(2) is amended by striking out "unless he has"
and substituting "without the".
Section 79 is amended by striking out "unless he has" and
substituting "without".
35 The following is added after
section 84:
85 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on December 1, 2006.
--------------------------------
Alberta Regulation 22/2004
Financial Administration Act
FUNDS AND AGENCIES EXEMPTION AMENDMENT REGULATION
Filed: February 5, 2004
Made by the Lieutenant Governor in Council (O.C. 17/2004) on February 4, 2004
pursuant to
section 2 of the Financial Administration Act.
1 The Funds and Agencies Exemption Regulation
(AR 128/2002) is amended by this Regulation.
Section 2(4) and (5) are repealed and the following is
substituted:
(4) The provincial agencies listed in the
Schedule to the Financial
Administration Act and the Alberta Capital Finance Authority are
exempt from
section 82 of the Act on and from December 31,
(5) The exemption granted by subsection (4) expires on January 1,
Schedule D is repealed.
Alberta Regulation 23/2004
Livestock and Livestock Products Act
PURCHASE AND SALE OF EGGS AND PROCESSED EGG REGULATION
Filed: February 11, 2004
Made by the Lieutenant Governor in Council (O.C. 36/2004) on February 11, 2004
pursuant to
section 2 of the Livestock and Livestock Products Act.
Table of Contents
Definitions
2 Inspected eggs
3 Uninspected eggs
4 Salmonella enteritidis
5 Processed egg
6 Canada C and Canada Nest Run
7 Reject eggs and inedible processed egg
8 First receiver duties
9 Egg station duties
10 Processed egg station duties
11 Egg station records
12 Processed egg station records
13 Detention
14 Notice of detention
15 Preserving detained goods
16 Detention tag prohibition
17 Detained goods prohibition
18 Notice of release
19 Repeal
20 Expiry
21 Coming into force
Schedule
Definitions
1 In this Regulation,
(a) "chicken egg" means an egg laid by a domestic chicken of
the species Gallus domesticus;
(b) "consumer" means a person who buys eggs for the person's
own or household use and not for resale;
(c) "container" means any crate, box, carton or other receptacle
made to contain eggs or processed egg;
(d) "Director" means the director of the Food Safety Division of
the Department of Agriculture, Food and Rural
Development;
(e) "egg station" means a registered egg station as defined in the
Egg Regulations (Canada) CRC 1978, c.284;
(f) "first receiver" means any person, other than the operator of
an egg station or processed egg station, who receives on
consignment or on account uninspected eggs from a
producer;
(g) "inedible egg" means an egg that is not suitable for human
consumption, and includes an egg that
(
i) is contaminated with an odour foreign to that of a
normal egg,
(ii) is musty or mouldy,
(iii) has been in an incubator,
(iv) has any internal defect other than a meat spot or blood
spot not in excess of 1/8 inch in diameter, or
(
v) is a reject egg;
(h) "inedible processed egg" means processed egg that contains
any inedible egg or that is otherwise not suitable for human
consumption;
(i) "processed egg" means processed egg as defined in the
Processed Egg Regulations (Canada) CRC 1978, c.290;
(j) "processed egg station" means a registered processed egg
station as defined in the Processed Egg Regulations (Canada)
CRC 1978, c.290;
(k) "producer" means a person who ships, transports, delivers or
sells eggs produced only on the person's own farm;
(l) "reject egg" means a chicken egg that on examination at an
egg station does not meet the requirements of any grade
established by the Egg Regulations (Canada) CRC 1978,
c.284;
(m) "uninspected egg" means an egg that has not been inspected
and graded at an egg station;
(n) "weight" means the net weight of a container of eggs.
Inspected eggs
2 Except as provided in
section 3, no person shall sell, offer for sale,
hold in possession for sale or after sale, ship, transport or deliver
chicken eggs unless the eggs are graded, stored, inspected, packed,
marked and labelled in accordance with the Egg Regulations (Canada)
CRC 1978, c.284.
Uninspected eggs
3(1) Subject to
section 4, a producer may sell, offer for sale, hold in
possession for sale, ship, transport or deliver uninspected chicken eggs
directly to a consumer if
(
a) the eggs are produced on the producer's own farm,
(
b) the eggs are for the consumer's own or household
consumption only,
(
c) the eggs are clean, have no visible cracks and are not leaking,
(
d) the eggs are kept at an ambient temperature that does not
exceed 7?C until they leave the producer's possession, and
(
e) the eggs are packed under sanitary conditions in clean
containers that are conspicuously and legibly marked with
the word "UNINSPECTED" in letters that are at least 2
centimetres in height.
(2) A producer may sell, offer for sale, ship, transport or deliver
uninspected chicken eggs produced on the producer's own farm to a
first receiver, to an egg station for grading and inspection or to a
processed egg station for processing if the eggs are in containers that
are conspicuously and legibly marked with the word
"UNINSPECTED" in letters that are at least 2 centimetres in height.
(3) A first receiver may sell, offer for sale, ship, transport or deliver
uninspected chicken eggs received by the first receiver to an egg
station for grading and inspection or to a processed egg station for
processing if the eggs are in containers that are conspicuously and
legibly marked with the word "UNINSPECTED" in letters that are at
least 2 centimetres in height.
Salmonella enteritidis
4(1) No person shall sell, offer for sale, ship, transport or deliver
chicken eggs to a consumer if the eggs were laid by chickens in a
laying flock that has been exposed to Salmonella enteritidis bacteria.
(2) If Salmonella enteritidis bacteria are detected in a building in
which one or more laying flocks are housed, no person shall sell, offer
for sale, ship, transport or deliver to a consumer chicken eggs that were
laid in that building unless
(
a) all of the chickens from all laying flocks that have been
exposed to the bacteria have been destroyed and all of the
eggs produced by those chickens have been destroyed or sent
to a processed egg station for processing,
(
b) the building has been cleaned and disinfected to the
satisfaction of the Director, and
(
c) the eggs being sold, offered for sale, shipped, transported or
delivered were laid by a new laying flock established in the
building that has not been exposed to Salmonella enteritidis
bacteria.
(3) Notwithstanding subsection (2), a person may sell, offer for sale,
ship, transport or deliver to a consumer chicken eggs that were
produced in a building in which Salmonella enteritidis bacteria have
been detected if
(
a) more than one laying flock is housed in the building,
(
b) each laying flock is segregated in a completely separate area
within the building, and
(
c) the eggs are from a laying flock that is housed in an area in
which no Salmonella enteritidis bacteria have been detected.
Processed egg
5(1) Except as provided in this section, no person shall sell, offer for
sale, hold in possession for sale or after sale, ship, transport or deliver
processed egg unless the processed egg is processed, stored, inspected,
packed, marked and labelled in accordance with the Processed Egg
Regulations (Canada) CRC 1978, c.290.
(2) Subsection (1) does not apply to processed egg shipped to a
processed egg station from the premises of another processed egg
station if the processed egg is shipped in a container that is
conspicuously and legibly marked with the words "FOR FURTHER
PROCESSING" in letters that are at least 2 centimetres in height.
Canada C and Canada Nest Run
6 No person shall sell, offer for sale, ship, transport or deliver eggs
marked Canada C or Canada Nest Run except to a processed egg
station for processing.
Reject eggs and inedible processed egg
7(1) No person shall purchase, sell, offer for sale, ship, transport or
deliver reject eggs or inedible processed egg for use
(
a) as food, or in the preparation of food, for human
consumption, or
(
b) as food, or in the preparation of food, for consumption by
animals if the meat of those animals is intended for human
consumption.
(2) A person who purchases, sells, offers for sale, ships, transports or
delivers reject eggs or inedible processed egg must mark the container
conspicuously and legibly with the words "NOT FOR HUMAN
CONSUMPTION" in letters that are at least 2 centimetres in height.
First receiver duties
8(1) A first receiver of eggs who ships, transports or delivers
uninspected eggs to an egg station or a processed egg station must
clearly identify the eggs from each producer in the shipment by
(
a) packing them in separate containers,
(
b) placing each producer's eggs in a separate end of a case or in
separate fillers, or
(
c) packing and identifying them in some other manner approved
by an inspector.
(2) A first receiver must, within 14 days after receiving uninspected
eggs from a producer, furnish to the producer one copy of the grading
statement or one copy of the statement of quantity and weight of eggs
processed.
(3) A first receiver must retain one copy of each grading statement
received from an egg station and each statement of quantity and weight
of the eggs processed received from a processed egg station at the first
receiver's place of business for a period of 2 years.
Egg station duties
9 The operator of an egg station must
(
a) identify clearly the uninspected eggs received from each
producer,
(
b) grade and inspect each producer's eggs separately from those
of any other producer, and
(
c) within 14 days after receiving uninspected eggs, furnish to
the shipper,
(
i) if the shipper is a producer, one copy of the grading
statement, or
(ii) if the shipper is a first receiver, 2 copies of the grading
statement.
Processed egg station duties
10 The operator of a processed egg station must
(
a) identify clearly the uninspected eggs received from each
producer, and
(
b) within 14 days after receiving uninspected eggs, furnish to
the shipper,
(
i) if the shipper is a producer, one copy of the statement of
quantity and weight of the eggs processed, or
(ii) if the shipper is a first receiver, 2 copies of the
statement of quantity and weight of the eggs processed.
Egg station records
11(1) The operator of an egg station must maintain complete records
that include
(
a) a grading statement showing
(
i) the name, address and registration number of the egg
station,
(ii) the name and address of the first receiver, if any,
(iii) the name and address of the producer,
(iv) the date of receipt of eggs,
(
v) the quantity of eggs received,
(vi) the date of grading and inspection, and
(vii) the quantity of eggs in each grade,
and
(
b) the names, addresses and phone numbers of buyers of reject
eggs.
(2) The operator of an egg station or processed egg station must
maintain the records referred to in subsection (1) at the operator's
place of business for a period of 2 years.
Processed egg station records
12(1) The operator of a processed egg station must maintain complete
records that include
(
a) a statement of quantity and weight of the eggs processed
showing
(
i) the name, address and registration number of the
processed egg station,
(ii) the name and address of the first receiver, if any,
(iii) the name and address of the producer, if known,
(iv) the date of receipt of eggs,
(
v) the quantity of eggs received,
(vi) the date of processing, and
(vii) the quantity, weight and grade, if known, of the eggs
processed,
(
b) a copy of any grading statement provided to the processed
egg station, and
(
c) the names, addresses and phone numbers of buyers of reject
eggs and inedible processed egg.
(2) The operator of an egg station or processed egg station must
maintain the records referred to in subsection (1) at the operator's
place of business for a period of 2 years.
Detention
13(1) If pursuant to
section 35(7) of the Act an inspector places any
eggs or processed egg under detention, the inspector must
(
a) attach to at least one container of the lot a numbered
detention tag, in Form 1 of the Schedule, and
(
b) mark each container in the lot with the word "Detained" and
the number of the detention tag inside a design of a circle.
(2) If the eggs are not in a container, an inspector may require the
owner to place the eggs in a container and the container must be
marked by the inspector in accordance with subsection (1).
Notice of detention
14 Immediately after attaching the detention tag and marking the
containers, the inspector must deliver or mail to the owner of the eggs
or processed egg or the owner's agent a completed notice of detention
in Form 2 of the
Schedule and, if the eggs or processed egg is on
premises other than that of the owner, a copy of the notice of detention
must also be delivered or mailed to the person on whose premises the
eggs or processed egg is found.
Preserving detained goods
15 An inspector may make orders and give directions that appear
necessary to the inspector for the proper preservation and safeguarding
of any eggs or processed egg held under detention, and every person to
whom an order is made or direction is given must comply with it
according to its terms.
Detention tag prohibition
16 Except as authorized by an inspector, no person shall alter or
remove a detention tag placed on a container of eggs or processed egg
or alter any marks made on a container by an inspector pursuant to
section 13.
Detained goods prohibition
17 Except with the written permission of an inspector, no person
shall remove, sell or otherwise dispose of any eggs or processed egg
held under detention.
Notice of release
18(1) If an inspector is satisfied that eggs or processed egg held under
detention complies with this Regulation, the inspector must complete a
notice of release in Form 3 of the Schedule.
(2) The inspector must deliver or mail one copy of the notice of
release to the owner of the eggs or processed egg and one copy to the
person on whose premises the eggs or processed egg was found.
Repeal
19 The Purchase and Sale of Eggs and Egg Products Regulation
(AR 184/97) is repealed.
Expiry
20 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2011.
Coming into force
21 This Regulation comes into force on March 30, 2004.
Schedule
Form 1
Under Detention
Department of Agriculture, Food and
Rural Development Province of Alberta
TAG _____
Detention No. Date
Poultry Product
Reason for Detention
(Inspector's signature)
Form 2
Notice of Detention - Eggs and Processed Egg
Name Date
Address
You are hereby notified that the eggs or processed egg described below
have been placed under detention.
Details of Eggs or Processed Egg: Cases Boxes Dozens Kilograms
Each container under detention is marked as follows: DETAINED
Reason for detention
Place of detention
How notice served (Mailed or delivered personally)
Except with the written permission of an inspector, no person shall
make any disposition of the eggs or processed egg placed under
detention.
(Inspector)
Receipt acknowledged by
(Signature of recipient)
Form 3
Notice of Release - Eggs and Processed Egg
Name Date
Address
You are hereby notified that the eggs or processed egg placed under
detention on _____________________ and having detention tag No.
__________ attached to one package have been released from
detention at (place of release).
Details of Eggs or Processed Egg: Cases Boxes Dozens Kilograms
How notice served (Mailed or delivered personally)
(Inspector)
Receipt acknowledged by
(Signature of recipient)
--------------------------------
Alberta Regulation 24/2004
Natural Gas Price Protection Act
NATURAL GAS PRICE PROTECTION AMENDMENT REGULATION
Filed: February 11, 2004
Made by the Lieutenant Governor in Council (O.C. 44/2004) on February 11, 2004
pursuant to
section 7 of the Natural Gas Price Protection Act.
1 The Natural Gas Price Protection Regulation
(AR 157/2001) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)(
d) by adding "or any other purpose
specified by the Minister as an industrial purpose" after
"Schedule 1";
(
b) by repealing subsection (1)(h.1)(ii) and substituting
the following:
(ii) in the case of an agricultural consumer,
(
A) any 5 calendar months elected by the agricultural
consumer that occur within each of the 12-month
periods running from April 1, 2003 to March 31,
2004, from April 1, 2004 to March 31, 2005 and
from April 1, 2005 to March 31, 2006, or
(
B) where an agricultural consumer fails to make an
election as required under subsection (3)
(
I) in the case of an agricultural consumer
referred to in
section 1(a.1)(i), the months of
April, December, January, February and
March in each of the 12-month periods
referred to in paragraph (A),
(II) in the case of an agricultural consumer
referred to in
section 1(1)(a.1)(ii), the months
of August, September, October, November
and December in each of the 12-month
periods referred to in paragraph (A),
(III) in the case of an agricultural consumer
referred to in
section 1(1)(a.1)(iii), the
months of June, July, August, September and
October in each of the 12-month periods
referred to in paragraph (A),
(IV) in the case of an agricultural consumer
referred to in
section 1(1)(a.1)(iv) the months
of May, June, July, August and September in
each of the 12-month periods referred to in
paragraph (A).
(
c) by repealing subsection (1.1);
(
d) in subsection (3) by striking out "subsection
(1)(h.1)(ii)" and substituting "subsection (1)(h.1)(ii)(A)".
Section 2 is amended
(
a) in subsection (1) by striking out "second highest gas
cost recovery rate" and substituting "second highest of
any gas cost recovery rate or gas cost flow-through rate, as
the case may be,";
(
b) in subsection (2) by adding "or gas cost flow-through
rates" after "gas cost recovery rates";
(
c) by adding the following after subsection (2):
(3) Where the Alberta Energy and Utilities Board approves a
rate that, in the opinion of the Minister of Energy, is equivalent
to a gas cost recovery rate or gas cost flow-through rate but has
a different name, the Minister of Infrastructure may order that
that rate be used for the purposes of this section.
(4) Where an entity referred to in subsection (1) is succeeded
by another entity, the reference to the entity in subsection (1) is
to be read as a reference to the successor entity.
Section 7(3)(
a) and (
b) are amended by adding "or gas cost
flow-through rate" after "gas cost recovery rate".
Section 9 is amended by adding the following after
subsection (6.1):
(6.11) An agricultural consumer who fails to apply for a rebate
with respect to a rebate period by the date prescribed under
subsection (6.1) shall be treated as if he or she were an eligible
consumer referred to in
section 1(1)(h.1)(
i) with respect to that
rebate period.
Section 16 is amended by adding the following after
subsection (1):
(1.1) An agricultural consumer who fails to apply for a rebate with
respect to a rebate period by the date prescribed under subsection
(1) shall be treated as if he or she was an eligible consumer referred
to in
section 1(1)(h.1)(
i) with respect to that rebate period.
7 The following is added after
section 21:
Extension of time
21.1(1) Where this Regulation prescribes a date by which or a
period within which a thing must be done, the Minister may, where
the Minister considers it appropriate to do so extend the date or
period with respect to a class or classes of eligible consumer.
(2) The Minister may only exercise the power under subsection
(1) before the expiry of the date or period.
--------------------------------
Alberta Regulation 25/2004
Electric Utilities Act
ROLES, RELATIONSHIPS AND RESPONSIBILITIES REGULATION, 2003
AMENDMENT REGULATION
Filed: February 13, 2004
Made by the Minister of Energy (M.O. 2/2004) on February 11, 2004 pursuant to
sections 41, 108 and 115 of the Electric Utilities Act.
1 The Roles, Relationships and Responsibilities
Regulation, 2003 (AR 169/2003) is amended by this
Regulation.
2 Sections 9(3)(
b) and (4) are repealed.
Section 10(2) is repealed and the following is
substituted:
(2) In making an award under subsection (1), the arbitrator may
only
(
a) interpret the meaning of the provisions of the agreement
that are the subject of the arbitration, and
(
b) apply the provisions of the agreement to the question to
be decided.
Alberta Regulation 26/2004
Provincial Parks Act
GENERAL AMENDMENT REGULATION
Filed: February 13, 2004
Made by the Minister of Community Development (M.O. 62-03) on January 28, 2004
pursuant to
section 12 of the Provincial Parks Act.
1 The General Regulation (AR 102/85) is amended by this
Regulation.
Section 1 is amended
(
a) by adding the following after clause (d):
(d.1) "cycle" means a device that runs on one or more
wheels, that is propelled only by human power and on
which a person can ride, but does not include a
wheelchair;
(d.2) "facility area" means a developed location, including
any improvements, landscaped location, maintained
lawns, campsites, picnic locations, playgrounds, piers,
highways, parking lots, trails and other developed
facilities;
(
b) by repealing clause (
g) and substituting the
following:
(g) "highway" does not include a trail;
(
c) in clause (
j) by striking out "Highway Traffic Act" and
substituting "Traffic Safety Act";
(
d) in clause (
k) by striking out "Off-highway Vehicle Act"
and substituting "Traffic Safety Act";
(
e) by adding the following after clause (m):
(m.1) "vehicle" means a vehicle within the meaning of
section
117(
b) of the Traffic Safety Act;
3 The following is added after
section 1:
1.1 For the purposes of this Regulation,
(
a) a person is in possession of something when that person
has it in personal possession or knowingly
(
i) has it in the actual possession or custody of
another person, or
(ii) has it in any place for the use or benefit of that
first-mentioned person or of another person,
and
(
b) when one of 2 or more persons, with the knowledge and
consent of the rest, has anything in custody or
possession, it is deemed to be in the possession of each
and all of them.
Section 4 is amended
(
a) in subsection (1)(a)
(
i) by striking out "Highway Traffic Act" and
substituting "Traffic Safety Act";
(ii) by striking out "him" and substituting "the
Minister";
(
b) in subsection (1)(
b) by adding ", including trail
markers," after "signs";
(
c) by adding the following after subsection (2):
(3) Signs (including trail markers) and notices erected under
this Regulation are to be treated as documents incorporated by
reference in this Regulation.
Section 11.2 is repealed and the following is substituted:
11.2(1) No person shall, unless authorized to do so by a
conservation officer,
(
a) detonate explosives or explosive devices, or
(
b) set off fireworks
in a provincial park or recreation area.
(2) A person who is authorized by a conservation officer
(
a) to detonate explosives or explosive devices, or
(
b) to set off fireworks
shall do so in accordance with any requirements set by the
conservation officer.
Section 14 is repealed and the following is substituted:
14 No person shall remove water from a provincial park or
recreation area except
(
a) for the personal use of that person and that person's party in
the camping accommodation unit used for camping at the
time, or
(
b) as authorized by the Minister.
Section 15 is amended
(
a) by renumbering subsection (2) as subsection
(3) and by adding the following after subsection (1):
(2) Where an animal defecates
(
a) anywhere in Fish Creek Provincial Park, or
(
b) on any road, trail or facility area in any other provincial
park or recreation area,
the person who has custody or control of the animal shall remove
the excrement immediately.
(
b) in subsection (3) by adding "or (2)" after "(1)".
Section 17 is amended by striking out "he" and
substituting "the officer".
Section 18 is amended
(
a) by striking out "his" wherever it occurs and
substituting "the officer's";
(
b) in subsection (3) by striking out "Where the owner or
person having custody claims a captured animal from a
conservation officer, he" and substituting "The owner of
or the person who has custody of and who claims a captured
animal from a conservation officer".
Section 19 is amended by striking out "his" and
substituting "that person's".
Section 22 is amended
(
a) by renumbering it as
section 22(1);
(
b) in subsection (1), by striking out "he" and
substituting "the Minister";
(
c) by adding the following after subsection (1):
(2) No person shall set, light or maintain a fire anywhere where
that activity is prohibited under subsection (1).
Section 23 is repealed and the following is substituted:
23 No person shall
(
a) leave a fire unattended, or
(
b) allow a fire to spread.
Section 27 is repealed and the following is substituted:
27(1) Notwithstanding anything in
section 26 to the contrary, no
person shall operate or use an off-highway vehicle or any similar
specialized means of conveyance, in a provincial park or recreation
area except
(
a) on a trail or in an area set aside, designated or identified by
signs, notices or trail markers posted as a trail or area for
the use of such conveyances and in compliance with any
rules indicated by such signs or notices as to the types of
vehicle that may or may not be used and as to the use of
such vehicles, or
(
b) in an area other than a place referred to in clause (a), with
the written authorization of the Minister.
(2) No person shall ride a cycle in a provincial park or recreation
area except
(
a) on a public road,
(
b) on a trail or in an area set aside, designated or identified by
signs, notices or trail markers posted as a trail or area in or
on which riding of cycles is allowed and in compliance
with any rules specified by such signs and notices, or
(
c) in an area other than a place referred to in clause (
a) or (b),
with the written authorization of the Minister.
Section 30 is amended
(
a) in subsection (2) by striking out "him" wherever it
occurs and substituting "the officer";
(
b) in subsection (5) by striking out "his" and
substituting "the owner's".
Section 35(1) is amended by striking out "he" wherever
it occurs and substituting "that person".
Section 37 is amended by striking out "he" and
substituting "the Minister".
Section 40(2) is amended by striking out "he" and
substituting "that person".
Section 42 is amended
(
a) by striking out "permittee" wherever it occurs and
substituting "permit holder";
(
b) in subsection (1) by striking out "permittee's" and
substituting "permit holder's".
Section 43 is amended
(
a) by striking out "permittee" wherever it occurs and
substituting "permit holder";
(
b) by striking out "his" wherever it occurs and
substituting "permit holder's".
Section 44 is amended
(
a) in subsection (2) by striking out "he" and "him" and
substituting "that person";
(
b) in subsection (4)(
b) by striking out "his" and
substituting "the applicant's";
(
c) in subsection (5) by striking out "he" and
substituting "the person";
(
d) in subsection (6) by striking out "he" and
substituting "the Minister".
Section 45 is amended
(
a) in subsection (1)
(
i) by striking out "he" and substituting "the person";
(ii) by striking out "him" and substituting "that
person";
(
b) in subsection (2)(
b) by striking out "gives his consent"
and substituting "consents";
(
c) in subsection (4) by striking out "he" and
substituting "that person";
(
d) in subsection (5) by striking out "he" and
substituting "the Minister".
Section 46(3) is amended by striking out "he considers
approriate" and substituting "the Minister considers appropriate".
Section 47 is amended by striking out "he" and
substituting "that person".
Section 47.1 is amended
(
a) in subsection (2) by striking out "he" and "him" and
substituting "that person";
(
b) in subsection (4) by striking out "he" and
substituting "that person".
Section 49 is amended by striking out "permittee" and
substituting "permit holder".
26 The following is added after
section 49:
49.1(1) Where it is proved to the satisfaction of the court trying a
case that a provision of this Regulation has been contravened in
relation to a permit by any member of a group of persons who is
not the permit holder but whose activities are or purport to be
covered by the permit, whether or not that person has been
prosecuted for the contravention, the holder of that permit is also a
party to and guilty of the offence relating to the active
contravention or alleged contravention.
(2) A permit holder is not guilty of an offence referred to in
subsection (1) if it is established on a balance of probabilities that
that person took all reasonable steps to prevent the contravention in
question.
Section 50 is repealed and the following is substituted:
50 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on December 1, 2005.
THE ALBERTA GAZETTE,
PART II, FEBRUARY 28, 2004
AR 16/2004 SAFETY CODES
- 55 -
THE ALBERTA GAZETTE,
PART II, FEBRUARY 28, 2004
- 54 -