Alberta Gazette — 15 June (ii)

0615 ii

Alberta — Gazette

Alberta Gazette — 15 June (ii)

0615 ii

Alberta — Gazette

Alberta Regulation 94/2002

Alberta Housing Act

MISCELLANEOUS HOUSING AMENDMENT REGULATION

Filed: May 22, 2002

Made by the Minister of Seniors (M.O. H:011/2002) on May 21, 2002 pursuant

section 34 of the Alberta Housing Act.

1(1) The Housing Accommodation Tenancies Regulation (AR 242/94) is amended

by this section.

(2) The following is added after

section 9:

Expiry

10 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 October 31, 2007.

2(1) The Lodge Assistance Program Regulation (AR 406/94) is amended by

this section.

(2) The following is added after

section 4:

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 October 31, 2007.

3(1) The Management Body Operation and Administration Regulation (AR

243/94) is amended by this section.

(2) The following is added after

section 37:

Expiry

38 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 October 31, 2007.

1(1) The Rent Supplement Regulation (AR 75/95) is amended by this section.

(2) The following is added after

section 11:

Expiry

12 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 October 31, 2007.

5(1) The Social Housing Accommodation Regulation (AR 244/94) is amended by

this section.

(2) The following is added after

section 18:

Expiry

19 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 October 31, 2007.

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

Alberta Regulation 95/2002

Occupational Health and Safety Act

MINES SAFETY AMENDMENT REGULATION

Filed: May 29, 2002

Made by the Lieutenant Governor in Council (O.C. 237/2002) on May 29, 2002

pursuant to

section 40 of the Occupational Health and Safety Act.

1 The Mines Safety Regulation (AR 292/95) is amended by this Regulation.

Section 260 is amended by striking out "June 30, 2002" and substituting

"March 31, 2003".

Alberta Regulation 96/2002

Justice of the Peace Act

JUSTICE OF THE PEACE AMENDMENT REGULATION

Filed: May 29, 2002

Made by the Lieutenant Governor in Council (O.C. 242/2002) on May 29, 2002

pursuant to

section 7 of the Justice of the Peace Act (RSA 1980 cJ-3).

1 The Justice of the Peace Regulation (AR 309/91) is amended by this

Regulation.

Schedule 2 is amended

(

a) in

section 3 by repealing subsection (1) and substituting the

following:

3(1) The annual salary of a salaried non-sitting justice

(

a) from April 1, 2000 is $46 584,

(

b) from April 1, 2001 is $48 912, and

(

c) from April 1, 2002 is $50 868.

(

b) in

section 10 by striking out "75 cents" and substituting

"$1.75".

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

Alberta Regulation 97/2002

Provincial Court Act

Court of Queen's Bench Act

PROVINCIAL JUDGES AND MASTERS IN CHAMBERS PENSION

PLANS (PENSION PARTNER) AMENDMENT REGULATION

Filed: May 29, 2002

Made by the Lieutenant Governor in Council (O.C. 243/2002) on May 29, 2002

pursuant to

section 9.52 of the Provincial Court Act and

section 16 of the

Court of Queen's Bench Act.

1 The Provincial Judges and Masters in Chambers Registered and

Unregistered Pension Plans (AR 196/2001) is amended by this Regulation.

Schedule 1 is amended by sections 3 to 6.

3 The following provisions are amended

(

a) by striking out "spouse" and "spousal" wherever they occur in

those provisions and substituting "pension partner";

(

b) by striking out "SPOUSE" and "SPOUSAL" and substituting

"PENSION PARTNER";

(

c) by striking out "Spouse" and substituting "pension partner":

section 19(2)

section

section 20

section 49

section 27(3)

section

51(2)

section 28

section 58

section 36

section 65(1)(

a) section 38 Form 1 of the Subschedule

Section 1 is amended

(

a) by adding the following after clause (r):

(r.1) "pension partner" means

(

i) a person who, at the relevant time, was

married to a participant or former participant and

(

A) was not judicially or

otherwise separated from him or her, or

(

B) if so separated, was wholly

or substantially dependent on him or her,

(ii) if there is no person to whom subclause

(

i) applies, a person who, as at and up to the relevant time, had lived

with the participant or former participant in a conjugal relationship

(

A) for a continuous period of

at least 3 years, or

(

B) of some permanence, if

there is a child of the relationship by birth or adoption,

and was, during that period or that

relationship, as the case may be, held out by the participant or former

participant in the community in which they lived as being in that conjugal

relationship, or

(iii) if there is no person to whom subclause

(

i) or (ii) applies, a person who was married to but separated from the

participant or former participant and not wholly or substantially dependent

on him or her at the relevant time;

(

b) by repealing clause (y).

5 Form 1 of the Subschedule is amended in item 2

(

a) by striking out "I am of the opposite sex to that of the

pensioner and that";

(

b) by repealing clause (c)(

i) and (ii) and substituting the

following:

(

i) I have lived continuously with the pensioner for

the 3 years immediately before pension commencement in a conjugal

relationship, and throughout that 3-year period I have been represented by

the pensioner in our community as being in a conjugal relationship with the

pensioner, or

(ii) I have lived with the pensioner in a conjugal

relationship of some permanence up to pension commencement of which there

is a child or children by birth or adoption, and throughout that period I

have been represented by the pensioner in our community as being in a

conjugal relationship with the pensioner;

6 Form 2 of the Subschedule is amended by repealing clauses (

a) and (

b) and substituting the following:

(

a) there is no person with whom I have lived continuously for the

3 years immediately before pension commencement in a conjugal relationship

and who I have represented throughout that 3-year period in my community as

being in a conjugal relationship with me, and

(

b) there is no person with whom I have lived in a conjugal

relationship of some permanence up to pension commencement of which there

is a child or children by birth or adoption and who I have represented

throughout that period in my community as being in a conjugal relationship

with me, and

Schedule 2 is amended by sections 8 and 9.

8 The following provisions of

Schedule 2 are amended by striking out

"spouse" and "spousal" wherever they occur in those provisions and

substituting "pension partner":

section 27(3)

section 38

section 36

section

72(4)

section 37

Section 1(1) is amended

(

a) by adding the following after clause (m):

(r.1) "pension partner" means, with respect to any given

provision of this Plan, the person who, at the relevant time, was the

pension partner with respect to the equivalent or nearest to equivalent

provision of the Registered Plan;

(

b) by repealing clause (y).

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

Alberta Regulation 98/2002

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: May 29, 2002

Made by the Lieutenant Governor in Council (O.C. 244/2002) on May 29, 2002

pursuant to

section 42 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 233/89) is amended by this Regulation.

2 The following is added after

section 7:

Revenue offset

7.1(1)

Section 14(3) of the Act applies to the fines imposed for

convictions under the Highway Traffic Act and regulations made under that

Act.

(2) The Crown may retain 16.67% of any amount collected in respect

of each fine, rounded to the nearest dollar, imposed for a conviction under

an enactment referred to in subsection (1).

Section 7.1 of the Procedures Regulation (AR 233/89) as enacted by this

Regulation is deemed to have been in force at all times on and after April

1, 2002.

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

Alberta Regulation 99/2002

Agriculture Financial Services Act

AGRICULTURE FINANCIAL SERVICES REGULATION

Filed: May 29, 2002

Made by the Lieutenant Governor in Council (O.C. 245/2002) on May 29, 2002

pursuant to sections 18, 37, 56 and 62 of the Agriculture Financial

Services Act.

Table of Contents

Definitions 1

Part 1

Administration of the Corporation

Fees to the Board 2

Head office 3

Corporate seal 4

Conflicts of interest 5

Disqualifications not applicable to general guarantees 6

Appeal to appeal committee 7

Assessment of crop loss 8

Interest rates 9

Part 2

Lending and Financial Assistance

Division 1

General

Eligible commercial enterprises 10

Agricultural financing 11

Applicant information 12

Borrower information 13

Security for guaranteed loss 14

Acquired information 15

Other assistance 16

Qualification for a loan re businesses, etc. 17

Division 2

Agricultural Matters

Qualification for a loan re primary producer 18

Share structure qualification 19

Incentives, grants, etc. 20

Application of incentives 21

Incentives to associated businesses, etc. 22

Part 3

Insurance

Definitions 23

Application of

Part 24

Application of insurance 25

Crop Reinsurance Fund of Alberta 26

Eligibility for crop insurance 27

Insurable areas 28

Requirements and entitlements 29

Hail endorsement 30

Adjusters 31

Coverage amounts 33

Notice of election 34

Restriction on setting dates 35

Basic premium rates 36

Premium rate calculation 37

Basic coverage levels and prices 38

Other use guidelines 39

Low yield setting 40

Loss due to uninsured perils 41

Value includes other grains 42

Grade below designated grade 43

Conditions for insured irrigable crops 44

Miscellaneous crops 45

Revenue insurance 46

Part 4

Wildlife Crop Damage

Definitions 47

Eligibility 48

Big game and upland game birds 49

Making a claim 50

Acceptance, etc. of a claim 51

Calculation of compensation 52

Part 5

Farm Income Disaster Compensation

Definitions 53

Program established 54

Advance compensation payments 55

Eligibility 56

Amount of compensation 57

Maximum compensation re individual 58

Maximum compensation re corporation 59

Application 60

Availability of records 61

Compensation not assignable 62

Return of compensation 63

Applications re 1998 64

Payment under this Part prohibited 65

Part 6

Local Opportunity Bonds

Interpretation, etc. 66

Conditions re issuing local opportunity bonds 67

Financing agreement 68

Restrictions re sale of local opportunity bonds 69

Promotion of local opportunity bonds 70

Register and trading 71

Confidentiality of information 72

Obligation of the Corporation 73

Part 7

Transitional and Repeal

Transitional re application of AR 38/2000 74

Transitional re application of AR 71/ 2001 75

Transitional re application of AR 164/2001 76

Repeal 77

Schedules

Definitions

1(1) In this Regulation,

(a) "Act" means the Agriculture Financial Services Act;

(b) "agricultural industry" means an industry referred to in

subsection (2);

(c) "appeal committee" means an appeal committee established under

section 10 of the Act;

(d) "associated businesses" means associated businesses as defined

in the Act;

(e) "Board" means the Board of Directors of the Corporation;

(f) "borrower" means

(

i) a commercial enterprise, or

(ii) a primary producer, the owner of an associated

business or a person engaged in an agricultural industry,

to whom or to which a loan is made;

(g) "Canadian citizen" includes a permanent resident within the

meaning of the Immigration Act (Canada);

(h) "commercial enterprise" means a commercial enterprise as

defined in the Act;

(i) "company" includes an association as defined in the

Co-operative Associations Act;

(j) "Corporation" means the Agriculture Financial Services

Corporation;

(k) "crop year" means the period commencing on April 1 in one year

and ending on March 31 in the next year and, where preceded by a reference

to a specified year, means such a period commencing on April 1 of that

specified year;

(l) "direct loan" means a loan made by the Corporation under

section 24 or 25.1 of the Act;

(m) "equity share" means

(

i) any share of any class of shares of a company

carrying full or limited voting rights under all circumstances, and

(ii) any share of any class of shares of the company

carrying voting rights by reason of the occurrence of a contingency that

has occurred and is continuing;

(n) "farm" includes any land or facility used for the purpose of

tillage, pasture, livestock raising, dairying, fruit growing, tree growing,

beekeeping, fur production or aquaculture;

(o) "guaranteed loan" means a loan by a lender of which the payment

of all or any of the principal and all or any of the interest is guaranteed

by the Corporation and includes

(

i) a mortgage or an agreement for sale entered into

between a lender and a purchaser, and

(ii) a letter of credit that the Corporation may issue

on behalf of a borrower;

(p) "lender" means

(

i) a treasury branch;

(ii) a bank;

(iii) a credit union;

(iv) a trust corporation;

(

v) an insurer licensed under the Insurance Act;

(vi) a person selling real or personal property to a

primary producer, an owner of an associated business or a person engaged in

an agricultural industry by means of a transaction that includes a mortgage

or an agreement for sale on that property;

(vii) any other lender, except the Corporation,

authorized to carry on business in Alberta;

(q) "livestock" includes game-production animals as defined in the

Livestock Industry Diversification Act and such other creatures the

Corporation designates in writing as livestock;

(r) "loan" means a direct loan or a guaranteed loan;

(s) "primary producer" means

(

i) a person who owns or operates or, with financial

assistance provided by the Corporation or a lender, will operate a farm, or

(ii) an individual who is or intends to be a shareholder

of a company that operates or will operate a farm;

(t) "security" includes a loan agreement, promissory note,

guarantee or indemnity.

(2) For the purposes of the Act and this Regulation, an agricultural

industry is an undertaking that meets one or more of the following

qualifications:

(

a) an undertaking that processes, alters, markets or packages any

agricultural commodity;

(

b) an undertaking that provides services to primary producers or

processors;

(

c) an undertaking that is organized as a society under the

Agricultural Societies Act;

(

d) an undertaking the objects of which are, in the opinion of the

Board, conducive to the development or improvement of agriculture in

Alberta.

PART 1

ADMINISTRATION OF THE CORPORATION

Fees to the Board

2 The remuneration payable to members of the Board who are not

(

a) employees of the Crown in right of Alberta or any agency

thereof, or

(

b) members of the Legislative Assembly,

is to be in accordance with

Schedule 1, Part A, of the Committee

Remuneration Order.

Head office

3 The Lieutenant Governor in Council designates Lacombe, Alberta as the

location in Alberta at which the head office of the Corporation will be

situated.

Corporate seal

4 It is unnecessary

(

a) to have the corporate seal affixed to any document, or

(

b) to prove that the document was signed on behalf of the

Corporation under any by-law, special vote or order of the Corporation.

Conflicts of interest

5(1) No loan may be made

(

a) to an individual who is

(

i) an employee of the Government of Alberta and under

the administration of the Minister of Agriculture, Food and Rural

Development, or

(ii) a director, officer or employee of any corporation,

agency or other body that reports to or is administered by the Minister of

Agriculture, Food and Rural Development,

(

b) to a company in which an individual described in clause (a)(

i) is a director, officer or employee except a company of which that

individual is a director by reason only of having been nominated to

represent the Government of Alberta on the board of directors of the

company, or

(

c) to a company of which an individual described in clause (a)(

i) is a shareholder or member, except a company in which not more than 5% of

the voting rights belong to that individual.

(2) Notwithstanding subsection (1)(a), a loan may be made to an individual

referred to in subsection (1) if

(

a) the deputy head or other chief officer of the department or

agency in which the individual is serving or employed provides to the

Corporation a written statement that in the opinion of the deputy head or

other chief officer no actual or potential conflict of interest will result

from the making of the loan, and

(

b) the Corporation is in agreement with that opinion.

(3) The Corporation may establish a code of conduct and ethics dealing

with

(

a) conflicts of interest between its employees and Board members,

and

(

b) any financial or other transactions an employee or Board member

may have with the Corporation.

Disqualif-cations not applicable to general guarantees

Section 5 does not apply to guaranteed loans made to a primary producer

where the Corporation's liability as guarantor arises under an agreement

made between the Corporation and a lender if the agreement applies or is

intended to apply to primary producers generally and does not specify the

borrower by name.

Appeal to appeal committee

7(1) A person who is a party to a contract of insurance with the

Corporation under the Act may appeal to an appeal committee a decision made

by the Corporation or a person on behalf of the Corporation where

(

a) the decision involves the

interpretation of

(

i) the contract of insurance or any related document,

(ii) this Regulation as it relates to the contract of

insurance,

and

(

b) the matter of

interpretation relates to the rights or

obligations of any of the parties to the contract of insurance.

(2) An appeal must be commenced not later than one year after the date of

the decision being appealed.

(3) An appeal committee shall establish its own rules of procedure,

subject to the following:

(

a) where an appeal committee consists of more than one person, the

chair may vote only for the purposes of breaking a tie vote;

(

b) the strict legal rules of evidence need not be followed;

(

c) representation of appellants or the Corporation by third

parties, including legal counsel, is not prohibited;

(

d) each party appearing before an appeal committee is responsible

for its own costs, regardless of the decision of the appeal committee.

Assessment of crop loss

8(1) Notwithstanding

section 7(2), where

(

a) a person is a party to a contract of insurance with the

Corporation,

(

b) that person has made a claim for crop loss against that

contract of insurance,

(

c) the Corporation has made an assessment of the crop loss, and

(

d) that person wishes to appeal the assessment or has a dispute

relating to the assessment,

that assessment may be appealed only if the insured notifies the

Corporation of the appeal within 7 days from the day that the insured is

served with the assessment.

(2) For the purposes of subsection (1) service may be effected on the

insured by

(

a) personal service;

(

b) by ordinary or registered mail in which case service is deemed

to have been effected

(i) 7 days from the date of mailing if the document is

mailed in Alberta to an address in Alberta, or

(ii) subject to subclause (i), 14 days from the date of

mailing if the document is mailed to an address located outside of Alberta;

(

c) by electronic means if that electronic means results in a

printed copy of the document being received by the insured.

(3) Where there is more than one insured in respect of the crop loss for

which an assessment has been made, service of the assessment on one of the

insureds is service on all the insureds.

Interest rates

9(1) The Corporation

(

a) may from time to time as determined by the Corporation, or at

the direction of the Minister must, review the interest rates to be charged

on loans or other money owing to the Corporation, and

(

b) after making a review of interest rates may, with the prior

approval of the Minister,

(

i) maintain the existing rates, or

(ii) set new rates.

(2) Nothing in this

section shall have the effect of allowing the interest

rate to be increased effective prior to the date that the Corporation sets

the increased rate.

PART 2

LENDING AND FINANCIAL ASSISTANCE

Division 1

General

Eligible commercial enterprises

10(1) Subject to subsection (2), commercial enterprises that meet the

requirements of the Act and this Regulation are eligible to apply to the

Corporation for loans.

(2) A commercial enterprise engaged in the following activities or

businesses is not eligible to apply for a loan:

(

a) any business or activity to which Division 2 applies;

(

b) the operation of public or municipally owned utilities and

similar infrastructure components, except for operation of a rural utility

acceptable to the Corporation;

(

c) supplying residential accommodations other than tourist

facilities;

(

d) oil and gas production or exploration, or both;

(

e) the business of providing financing.

Agricultural financing

11 Primary producers, owners of associated businesses and persons engaged

in agricultural industries that meet the requirements of the Act and this

Regulation are eligible to apply to the Corporation for loans, grants and

other incentives.

Applicant information

12 An applicant for a loan must

(

a) provide evidence satisfactory to the Corporation that the

applicant has or will have

(

i) the necessary land, buildings, machinery,

equipment, capital and livestock, or any one or more of those items, as the

case may be, as are needed, and

(ii) the ability, knowledge and skill that is needed

to operate successfully the farm, business or undertaking with

respect to which a loan may be made, and

(

b) provide in a form satisfactory to the Corporation any financial

and other information that the Corporation may require.

Borrower information

13 A borrower must provide in a form satisfactory to the Corporation any

financial and other information that the Corporation may require.

Security for guaranteed loans

14(1) The Corporation may

(

a) take and hold whatever security it considers advisable for a

guarantee given by it pursuant to the Act, and

(

b) realize, assign, dispose of or otherwise deal with that

security.

(2) The Corporation may require a lender, in consideration of the

Corporation's guarantee of a loan, to do one or more of the following:

(

a) take and hold whatever security that the Corporation considers

advisable;

(

b) realize, assign, dispose of or otherwise deal with that

security referred to in clause (a);

(

c) assign any or all of the security referred to in clause (

a) to

the Corporation;

(

d) enter into an agreement that is satisfactory to the Corporation

(

i) appointing the Corporation as the lender's agent

for all purposes relating to the administration of the loan, and

relationship between the lender and the Corporation.

Acquired information

15(1) No officer or employee of the Corporation or Board member may use

for the officer's, employee's or Board member's own benefit any information

obtained by the officer, employee or Board member in performing services or

duties for the Corporation.

(2) All papers and materials received by the Corporation in connection

with any loan or application for a loan may be retained by the Corporation.

Other assistance

16(1) In this section, "investor" means a person or group of persons who,

in the opinion of the Corporation,

(

a) has made an investment of money, goods or services that will

generally advance the interests of agriculture, or

(

b) on the receipt of assistance under this section, will make an

investment that will generally advance the interests of agriculture.

(2) The Corporation may in one or more of the following forms provide

assistance not otherwise provided for under the Act or this Regulation:

(

a) the provision of consulting and advisory services, including

financial analysis and recommendations;

(

b) the provision of clerical, administrative and management

services;

(

c) the appointment of one or more members of the Board or officers

or employees of the Corporation to the board of directors or a board of

management of

(

i) a person who is eligible to receive assistance

under this section, or

(ii) an investment fund;

(

d) acting as an agent or a trustee for

(

i) a person who is eligible to receive assistance

under this section, or

(ii) an investment fund.

(3) The following persons are eligible to apply to the Corporation to

receive assistance under this section:

(

a) borrowers;

(

b) primary producers;

(

c) owners of associated businesses or persons engaged in

agricultural industries;

(

d) investors;

(

e) lenders.

(4) The Corporation may provide the assistance described in this

section

by itself or jointly with one or more other persons or governments.

(5) For the purposes of this section, sections 17, 18 and 19 do not apply

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

d) and (e).

Qualification for a loan re businesses, etc.

17 For the purposes of applying for a loan,

(

a) the owner of a commercial enterprise or of an associated

business, or

(

b) a person engaged in an agricultural industry,

must provide evidence satisfactory to the Corporation that the applicant is

(

c) an individual who is a Canadian citizen, or

(

d) a company that is incorporated in Canada and registered to

carry on business in Alberta.

Division 2

Agricultural Matters

Qualification for a loan re primary producer

18(1) A primary producer applying for a direct loan must provide evidence

satisfactory to the Corporation that the applicant is

(

a) an individual who

(

i) is a Canadian citizen ordinarily resident in

Alberta, and

(ii) has been ordinarily resident in Alberta for a

continuous period of at least one year during the 3 years immediately

preceding the date of the individual's application to the Corporation for a

loan,

(

b) a company

(

i) that is incorporated in Alberta,

(ii) the business operations of which are or will be

directed and managed in Alberta, and

(iii) of which at least 80% of the equity shares belong

to individuals each of whom

(

A) is a Canadian citizen ordinarily

resident in Alberta, and

(

B) has been ordinarily resident in Alberta

for a continuous period of at least one year during the 3 years immediately

preceding the date of the company's application to the Corporation for a

loan.

(2) A primary producer applying for a guaranteed loan must provide

evidence satisfactory to the Corporation that the applicant is

(

a) an individual who is a Canadian citizen ordinarily resident in

Alberta, or

(

b) a company

(

i) that is incorporated in Canada and registered to

carry on business in Alberta,

(ii) the business operations of which are or will be

directed and managed in Alberta,

(iii) of which at least 80% of the equity shares belong

to individuals each of whom is a Canadian citizen ordinarily resident in

Canada, and

(iv) that is controlled by individuals each of whom is

a Canadian citizen ordinarily resident in Alberta.

(3) For the purposes of this section, the Corporation may consider a

person to ordinarily reside in Alberta if

(

a) that person resides outside of Alberta by reason of that

person's employment with the Government of Alberta or the Government of

Canada, and

(

b) in the opinion of the Corporation that person intends to

ordinarily reside in Alberta when it is no longer necessary for that person

to reside outside of Alberta by reason of that person's employment with the

Share structure qualification

19(1) For the purposes of

section 18, a specified percentage of the equity

shares of a company belongs to persons if, in the Corporation's opinion,

(

a) those persons beneficially own equity shares of the company

carrying in the aggregate that specified percentage of the voting rights

attached to all of the company's issued and outstanding equity shares, and

(

b) no other person exercises or is in a position to exercise

control or direction over any of the equity shares so owned.

(2) For the purposes of

section 18, a company is controlled by persons if,

in the Corporation's opinion,

(

a) those persons beneficially own shares of the company carrying

in the aggregate more than 50% of the voting rights for the election of

directors,

(

b) no other person exercises or is in a position to exercise

control or direction over any of those shares, and

(

c) the voting rights carried by those shares are sufficient, if

exercised, to elect a majority of the board of directors of the company.

Incentives, grants, etc.

20(1) The Corporation may provide incentives, grants or other forms of

assistance to a primary producer or to a lender as defined in

section

1(1)(p)(vi) for one or more of the following purposes:

(

a) to encourage the acquisition of livestock and associated

equipment and assist the development and improvement of livestock

facilities;

(

b) to encourage and assist qualified persons to acquire land,

buildings, machinery and livestock in order to begin farming;

(

c) to promote the development of and the addition of improvements

to land for agricultural use;

(

d) to further improve practices of range land management,

production and conservation;

(

e) to encourage the acquisition and improvement of equipment and

facilities for the production. storage and handling of vegetables.

(2) An incentive under subsection (1) may be provided by way of payment

(

a) directly to a primary producer,

(

b) to a lender on behalf of a primary producer for an amount owing

to the lender by the primary producer, or

(

c) to the Corporation on behalf of a primary producer for an

amount owing to the Corporation by the primary producer.

Application of incentives

21 The Corporation may provide incentives to assist primary producers by

doing one or more of the following:

(

a) making payments to lenders on behalf of primary producers of

the principal or any portion of the principal or the interest or any

portion of the interest on guaranteed loans made to primary produces;

(

b) making payments to lenders of amounts other than the principal

or interest on loans;

(

c) making rebates to primary producers of all or any part of

accrued interest paid on loans made to primary producers by the Corporation

or by lenders;

(

d) deferring payment of principal or accrued interest by primary

producers in respect of loans made to primary producers under the Act;

(

e) forgiving payment of all or any part of the outstanding balance

of the principal amount and interest of a direct loan made to a primary

producer who is an individual and dies before becoming 65 years old.

Incentives to associated businesses, etc.

22(1) The Corporation may provide incentives to the owners of associated

businesses or to persons engaged in agricultural industries by

(

a) making rebates to them,

(

b) forgiving payments by them, or

(

c) making payments for their account,

of up to 3 percentage points of accrued interest paid or payable by them on

a maximum of $500 000 of the principal amounts of loans made to them by the

Corporation or by lenders.

(2) The Corporation may provide incentives to the owners of associated

businesses or to persons engaged in agricultural industries by deferring

the payment of principal or accrued interest or both payable by them in

respect of loans made to them by the Corporation or by lenders.

(3) In respect of interest accruing after March 31, 1986 on loans made

before April 1, 1986, the calculation of incentives is not subject to the

maximum principal amount limit of $500 000 referred to in subsection (1).

PART 3

INSURANCE

Definitions

23 In this Part,

(a) "annual

schedule of rates" means the

schedule of coverages and

premiums established by the Corporation;

(b) "cumulative index" means the result of comparing the historical

production records of the insured to that of the risk area in which the

farm operation of the insured is geographically situated over the same time

period;

(c) "designated grade" means the grade

(

i) established by the Canada Grain Commission, and

(ii) that the Corporation chooses as appropriate for any

specific type of crop;

(d) "harvested production" means the total volume, as adjusted by

the Corporation, for

(

i) grade, weight and volume of the insured's insurable

crop grown and harvested in a crop year, and

(ii) losses attributable to the causes described in the

insurance contract;

(e) "insurable crops" means

(

i) wheat, oats, barley, mixed grain, rye, canola,

triticale, flaxseed or mustard,

(ii) corn, carrots, rutabagas, cabbage, beans, broccoli,

cauliflower, cucumbers, pumpkins, squash or onions, or

(iii) peas, chickpeas, potatoes, alfalfa seed, fescue

seed, strawberries, sugar beets, sunflowers, lentils, fababeans, safflower

or timothy seed,

or, with respect to any such crop, the variety of that crop

that the Corporation has designated as an insurable crop, whether grown on

dry land or on irrigated land or on dry land and irrigated land, and

includes

(iv) any other crops or varieties of crops referred to

in this Regulation as a crop for which insurance or compensation may be

offered, and

(

v) any other crops or varieties of crops the

Corporation, in its discretion, may determine as being insurable;

(f) "insured crop" means an insurable crop

(

i) that the insured has elected for coverage and the

seeded acreage of which the insured has reported in the insured's report of

seeded crops, and

(ii) that the Corporation accepts for insurance;

(g) "insured value" means the value per unit of production elected

by the insured for an insured crop;

(h) "put to another use" means ploughed, cut for feed, pasture or

put to use other than for the production of grain or any part of an

unharvested insured crop;

(i) "risk area" means a geographical unit with relatively uniform

risk and production capabilities, as established by the Corporation.

Application of

Part

24(1) Except where stated otherwise, this Part does not apply to hail

insurance.

(2) Subject to this Part, the form and content in the application forms

for insurance and in the contracts of insurance may be prescribed by the

Corporation.

(3) Where this Part or a contract of insurance prescribes a time within

which or before which something is to be done, the Board may by resolution

extend the time.

(4) The provisions of any contract of insurance are incorporated by

reference and apply as if they form part of this Part.

Application for insurance

25(1) An application for insurance must be received by the Corporation

before May 1 in the crop year to which the insurance is to apply.

(2) The form of the application for insurance must contain sufficient

information to allow the Corporation to determine if the applicant is

eligible for insurance and that the applicant has or will have insurable

crops.

(3) The application for insurance may require the applicant to provide the

following information:

(

a) name, address and social insurance number of the applicant;

(

b) if the applicant is a company, the social insurance number of

each shareholder holding 10% or more of the voting shares and the company's

identification number used for income tax purposes;

(

c) description of land on which insurable crops are to be

produced;

(

d) any other records or information the Corporation deems

necessary to adequately assess the requirements for insurance.

Crop Reinsurance Fund of Alberta

26(1) The Crop Reinsurance Fund of Alberta shall be administered by the

Minister of Finance in accordance with the terms of the federal-provincial

agreement entered into under the Act.

(2) All money received by the Minister of Finance for the purposes of the

Crop Reinsurance Fund shall be paid into the Crop Reinsurance Fund.

(3) All money required to be paid by the Province for the purposes of crop

reinsurance payments shall, on the written requisition of the Corporation,

be paid from the Crop Reinsurance Fund to the Corporation for that purpose.

Eligibility for crop insurance

27(1) A person is eligible for crop insurance if that person operates a

farm in Alberta and is or will be

(

a) making decisions for cultural and cropping practices for that

farm,

(

b) directly responsible for work involved in producing insurable

crops and for paying for that work, and

(

c) receiving the majority share of the proceeds from the sale or

disposition of insurable crops.

(2) Notwithstanding subsection (1), any person who has an insurable

interest in a crop is eligible to insure that crop against one or more of

the following perils:

(

a) hail;

(

b) accidental fire;

(

c) fire caused by lightening.

Insurable areas

28 Insurance or compensation may be offered in respect of insurable crops

produced in the following areas:

(

a) land in the province of Alberta;

(

b) land located in neighbouring provinces or territories if

(

i) the applicant is otherwise an eligible person, and

(ii) the Corporation is satisfied that the neighbouring

province or territory has not insured, or will not insure, the insurable

crop.

Requirements and entitlements

29(1) A person insuring a crop must insure the entire area that the person

seeds to that crop.

(2) Where a person fails to comply with subsection (1), the Corporation

may deny all or part of the liability for that crop.

(3) If, in the opinion of the Corporation, all or a part of the loss is

due to uninsured perils,

(

a) the Corporation is not obligated to pay for that portion so

lost, and

(

b) the insured is not entitled to the return of any money paid as

premium or relieved from liability for paying outstanding premiums.

Hail endorsement

30(1) Subject to this Part, a hail endorsement may be offered on an

optional basis providing spot-loss protection against losses caused by the

following perils:

(

a) hail;

(

b) accidental fire;

(

c) fire caused by lightening.

(2) The election by a person to acquire the hail endorsement must be made

by giving the Corporation written notification not later than April 30 in

the year that the crops are to be harvested.

(3) The premium payable by the insured for the hail endorsement is in

addition to that payable under the basic policy.

Adjusters

31 The Corporation may appoint adjusters as may be necessary to inspect

insured crops and provide any reports relating to estimates of yields or

potential yields, losses and to generally investigate and report on any

claims or losses under any contract of insurance.

32(1) Except as otherwise provided in this

section or in the Act, the

contract of insurance is continuous and remains in force from year to year.

(2) The contract of insurance may allow either the Corporation or the

insured to cancel the contract effective for a specified crop year by

giving the other party to the contract written notice of cancellation not

later than a date to be specified by the Corporation in the contract.

(3) Where an insured has given notice of cancellation as permitted under

subsection (2), the insured may apply in writing for reinstatement.

(4) The contract must specify when a notice under subsection (3) is to be

given, but it cannot specify a date that is later than April 30 in the crop

year following the last crop year in which the contract was in force.

(5) If the Corporation accepts reinstatement of a contract, the insured

retains any premium and coverage adjustments to which the insured would

have been entitled had the insured not submitted a notice of cancellation.

(6) If the Corporation cancels the contract of an insured, other than at

the request of the insured, the insured may apply for insurance,

(

a) where the Corporation specifies a period of time in respect of

the cancellation, at the conclusion of that period of time, or

(

b) where the Corporation does not specify a period of time in

respect of that cancellation, after one year has elapsed after the

cancellation.

(7) Where

(

a) the Corporation cancels a contract of insurance, other than at

the request of the insured, and

(

b) at the conclusion of the applicable period of time referred to

in subsection (6) that insured once again applies for insurance,

the Corporation must review the reasons for the cancellation.

(8) If the applicant's application establishes to the satisfaction of the

Board that the reasons for cancellation no longer exist, the Board must

approve acceptance of the application.

(9) A contract of insurance with an insured remains in force during any

year in which the insured does not have an insured crop unless the contract

is cancelled by the insured, but after 2 consecutive years with no insured

crop the contract of an insured may be cancelled by the Corporation unless

the insured requests in writing that it not be cancelled.

(10) A contract of insurance must contain the method of calculating the

indemnity payable to an insured on an insured crop.

(11) For the purposes of hail endorsements, the following provisions

apply:

(

a) where the insured wishes to cancel the hail endorsement on a

crop for the season, the cancellation becomes effective on the date that

the written notice of cancellation is received by the Corporation, and the

premium payable by the insured is to be determined in accordance with the

dates of cancellation as shown in the insurance contract;

(

b) if the notice of cancellation is given before May 1, the

cancellation becomes effective immediately;

(

c) notwithstanding clause (a), for fall seeded crops, sugar beets

and forage crops grown for seed, the cancellation dates set out in the

insurance contract are advanced by 2 weeks;

(

d) insurance under the hail endorsement is to be limited to those

crops insured under the basic policy and is to include the entire area of

each crop;

(

e) coverage is the coverage as determined after any adjustments as

provided for in the insurance contract have been made;

(

f) the combined loss payments on an insured crop under the hail

endorsement and the basic crop insurance must not exceed the total

adjusted coverage for that crop;

(

g) the premium adjustment allowed for historical loss experience

as provided for in

section 37 does not apply to the hail endorsement;

(

h) the hail endorsement applies on the emergence of the insured

crop, except as set out in the contract of insurance, and expires for the

crop year at midnight on October 31.

(12) This

section does not apply to revenue insurance.

Coverage amounts

33(1) The coverage levels and the insured values for insurable crops are

to be set by the Corporation.

(2) The Corporation must provide to an insured or applicant, on request,

the coverage level for each crop year.

Notice of election

34(1) The insured must give the Corporation written notification of the

following not later than the date set by the Corporation:

(

a) the crops the insured wishes to insure;

(

b) the coverage level;

(

c) the price option;

(

d) the election to acquire the hail endorsement under

section

30(2), where the insured has been offered and accepts the hail endorsement.

(2) The coverage obtained pursuant to the information provided under

subsection (1) remains in effect from one year to the next and may be

changed only by the insured giving the Corporation written notice of any

changes not later than the date set by the Corporation.

(3) The insured must give to the Corporation written notification of the

insured's unseeded acreage not later than the date set by the Corporation.

Restriction on setting dates

35 For the purposes of

section 34, the date set by the Corporation is not

to be later than April 30 of the year that the crops are to be harvested.

Basic premium rates

36 Basic premium rates payable by an insured are those set in the annual

schedule of rates, subject to adjustment made in accordance with

section

Premium rate calculation

37 The annual premiums payable by an insured on all insured acreage must

be adjusted by means of a discount or surcharge determined in accordance

with a formula established by the Corporation with the consent of the

Minister.

Basic coverage levels and prices

38(1) Basic coverage levels and prices for each insured crop are those

that are set in the annual

schedule of rates, subject to adjustments made

in accordance with this section.

(2) Adjustments to coverage may be made for each crop in each crop year

based on an insured's cumulative index.

(3) If an insured is under the personal plan of crop insurance, production

may be measured each year and coverage adjustments revised based on the

cumulative index and using indexing guidelines.

(4) If an insured is under the general plan of crop insurance, production

(

a) must only be measured in a crop year in which a claim is made

for an insurable loss, and

(

b) is not to be greater than the risk area average production in

crop years in which claims have arisen.

(5) Where the insured has records with the Corporation for at least 3

years, coverage adjustments in a crop year based on the cumulative index is

to be made to the nearest 1%.

(6) Where the insured has records with the Corporation for fewer than 3

years, coverage adjustments in a crop year are not to increase or decrease

by more than 5% from the adjustment for the previous year.

(7) All entrants into the crop insurance program after May 8, 1996 must be

enrolled in the personal plan of crop insurance.

Other use guidelines

39 Where the insured wishes to put the insured crop to another use, the

Corporation must inspect the crop and estimate the potential yield in units

of production, and the appraisal is to be regarded as harvested production

in the calculation of indemnities.

Low yield setting

40(1) The Corporation may set an adjusted yield for all insurable crops,

or such of them that the Corporation designates, that have a low yield.

(2) An adjustment under subsection (1) applies to the crops regardless of

whether or not they are harvested.

(3) The adjusted low yield is that set out in the contract of insurance

between the Corporation and the insured or, if not so set out, as decided

by the Corporation.

Loss due to uninsured perils

41 Notwithstanding sections 39 and 40, if, after an inspection of insured

crops, the Corporation is of the opinion that all or part of a loss is due

to uninsured perils, the Corporation may make an appraisal for loss due to

uninsured perils which must be regarded as harvested production, and the

allowances for small appraisals or low yields shall not be applied to it.

Value includes other grains

42 If the harvested production of an insured crop contains an amount of

other grains or seeds that in the opinion of the Corporation exceeds the

amount that would normally be expected to be present, the value of the

other grains and seeds must be taken into account when calculating any loss

on the insured crop.

Grade below designated grade

43 If the grade of harvested production is below that of the designated

grade, the harvested production must be converted to the equivalent units

of production of the designated grade in terms of value, and the amount so

calculated must be used in calculating the indemnity payable.

Conditions for insured irrigable crops

44(1) Insurable crops sown on irrigable land in a recognized irrigation

district, or on other irrigable land designated by the Corporation, are

eligible for irrigation coverage as set out in the annual

schedule of rates

if the following conditions are met:

(

a) crops must be declared as irrigated when the report of seeded

crops is filed with the Corporation;

(

b) the insured must maintain an up-to-date log showing the dates

and approximate amounts of water application for each insured crop;

(

c) irrigation water must be applied as nearly as possible in

accordance with the needs of the insured crops;

(

d) the insured must ask for an inspection immediately before the

start of harvest of an irrigated crop in which the insured believes the

insured may have a claim.

(2) If

(

a) the conditions in subsection (1) are not met, or

(

b) drought is considered by the Corporation to be a contributing

cause of loss,

coverage may be reverted to the non-irrigated level in accordance with the

annual

schedule of rates.

Miscellaneous crops

45(1) This

section applies only to the following:

(

a) crops insured under the forage insurance program;

(

b) peas, green beans, wax beans, carrots, beets or corn where the

vegetable is grown for processing, canning or freezing under a contract

between a grower and a licensed processor;

(

c) honey production.

(2) The Corporation may offer insurance for crops referred to in

subsection (1) for loss caused by perils designated in the contract of

insurance.

(3) The hail endorsement option is not available for crops insured under

this section, except for vegetables referred to in subsection (1)(b).

(4) The insured is eligible for premium adjustments as set out in

section

Revenue insurance

46(1) Revenue insurance applies

(

a) to hard red spring wheat, durum wheat, other wheats, soft white

spring wheat, winter wheat, corn, oats, barley, fall rye, spring rye, mixed

grain, flaxseed, canola, yellow mustard seed, brown/oriental mustard seed,

sunflower seed, field peas, lentils, fababeans, spring triticale, winter

triticale and safflower, and

(

b) to any other crop that the Corporation determines is eligible

for coverage under revenue insurance.

(2) Revenue insurance may be subject to a revenue insurance contract

separate and apart from that for crop insurance.

(3) The provisions of the revenue insurance contract governing revenue

insurance do not apply to hail insurance or to crop insurance.

(4) The provisions of the revenue insurance contract as the Corporation

may deem proper are incorporated by reference and apply as if they form

part of this Part.

PART 4

WILDLIFE CROP DAMAGE

Definitions

47 In this Part,

(a) "adjuster" means an adjuster appointed by the Corporation;

(b) "big game" means those animals listed in

Schedule 1;

(c) "crop" means

(

i) stacked hay, or

(ii) any crop, other than stacked hay, that the

Corporation designates as a commercial or other crop for which compensation

may be granted under this Part;

(d) "insurable crops" and "insured crop" have the same meanings as

section 23(

e) and (f), respectively;

(e) "request for adjuster form" means the request for adjuster form

prescribed by the Corporation;

(f) "stacked hay" means hay that is stacked and stored in

accordance with

section 49(2);

(g) "upland game birds" means those birds listed in

Schedule 2.

Eligibility

48 A person is eligible for compensation under this

Part if,

(

a) the person's crop is located and was damaged in Alberta, and

(

b) in the case of a crop other than stacked hay, the person

(

i) is an owner operator or tenant operator of a farm

in Alberta, and

(ii) has an insurable interest in the damaged crop.

Big game and upland game birds

49(1) Subject to subsection (2), this Part applies to crops if the crops

were, when the damage occurred,

(

a) standing in the field,

(

b) in swaths in the field,

(

c) in sheaves on the ground in the field, or

(

d) in stooks in the field.

(2) This Part applies to hay only if it is stacked in bales or as a loose

stack and stored in accordance with directions given by the Corporation.

(3) This Part does not apply to

(

a) a crop other than stacked hay that is in bales or stacks, or

(

b) a crop on grazing land.

(4) Where a person's crop to which this Part applies is damaged by big

game or upland game birds, that person may claim compensation from the

Corporation for that damage.

Making a claim

50(1) A claimant who wishes to be compensated under this Part must serve

(

a) by personal service on an employee of the Corporation located

in an office of the Corporation, or

(

b) by registered mail addressed to the Corporation at an office or

postal box of the Corporation,

a request for adjuster form with an appraisal fee of $25 for each

section

or part of a

section of land on which the damaged crop is located.

(2) A request for adjuster form must be signed by the claimant and set

forth the following:

(

a) the name and address of the claimant;

(

b) the kind of crop in respect of which compensation is claimed;

(

c) the number of acres of each kind of crop that is damaged;

(

d) in the case of stacked hay, the amount of damage done and the

amount of hay damaged;

(

e) the legal description of the land on which the damaged crop is

located;

(

f) the suspected cause of damage;

(

g) any other particulars that the Corporation requires.

(3) Compensation for damage to a crop is not payable to a claimant if, in

the opinion of the Corporation,

(

a) the damage to the crop is less than $100;

(

b) in the case of a crop other than hay,

(

i) the acreage of the damaged crop has been harvested

prior to inspection,

(ii) the crop was seeded too late for a reasonable

expectation of normal yield,

(iii) the crop was a result of volunteer growth,

(iv) the crop was seeded on land that is unsuitable for

crop production, or

(

v) the Corporation determines that the actual damage

to the crop extends to less than 10% of the total area of crop of the same

kind within which there is damage to that crop.

(4) The maximum compensation payable in respect of any one claim of damage

to stacked hay is $5000.

(5) Nothing in subsection (3)(b)(

i) is to be construed to restrict or

prohibit a claimant from harvesting the undamaged portion of a crop before

inspection of the damaged portion of the crop is made by an adjuster.

Acceptance, etc. of a claim

51(1) Subject to this Part, where the Corporation is served with a request

for adjuster form the Corporation must consider the claim and may accept or

reject the claim.

(2) The Corporation must provide to a claimant a copy of any adjuster's

report relating to the claimant's claim and a copy of the decision made

under subsection (1).

(3) Where, in respect of any particular damage to an insured crop,

(

a) compensation is payable under this Part, and

(

b) an indemnity is payable under a contract of insurance under

Part 3,

the amount of the compensation payable under this

Part is to be deducted

from that insurance indemnity.

(4) A decision of the Corporation made under subsection (1) is final.

Calculation of compensation

52(1) In this section,

(a) "A" is the number of acres of crop that have been damaged;

(b) "B" is the average damage per acre as determined by the

Corporation for the acres referred to in clause (a);

(c) "C" is the average yield per acre as determined by the

Corporation for the acres referred to in clause (a);

(d) "D" is the highest insured value set by the Corporation for the

kind of crop that has been damaged.

(2) The highest insured value used to determine compensation under

subsection (3) is the highest insured value for crop insurance for the crop

year in which the crop was grown.

(3) The compensation payable for damage to an insurable crop, other than

stacked hay, to which

section 49 applies is an amount equal to the product

of A x B x C x D.

(4) The compensation payable for damage to stacked hay or to a crop that

is not an insurable crop is, as determined by the Corporation, the fair

market value of that crop as it existed immediately prior to the damage.

PART 5

FARM INCOME DISASTER COMPENSATION

Definitions

53(1) In this Part,

(a) "Alberta resident" or "resident of Alberta" means

(

i) an individual who files the appropriate Federal and

Alberta income tax returns for the claim year reflecting income earned from

farming operations, or

(ii) an Indian as defined in the Indian Act (Canada) who

provides to the Corporation on request the information required by the

Corporation to determine that person's program margin and reference margin;

(b) "claim year" means the taxation year for which an application

for compensation is made;

(c) "common share" means a share that carries the right

(

i) to receive a profit by way of dividend, and

(ii) to participate in the assets of the private

corporation on winding-up;

(d) "private corporation" means a corporation the shares of which

are not publicly-traded securities;

(e) "program margin" means the applicant's allowable farm revenue,

as determined by the Corporation, less the applicant's allowable farm

expenses, as determined by the Corporation;

(f) "Program" means the Farm Income Disaster Program established

under

Part 4.1 of the Agriculture Financial Services Regulation (AR

174/94);

(g) "reference margin" means the average of an applicant's program

margins for 3 of the 5 years immediately preceding a claim year that have

the highest program margins and as may be adjusted by the Corporation to

take into account structural change;

(h) "share" means common share;

(i) "shareholder" means the holder of one or more common shares;

(i) "structural change" means any or all of the following:

(

i) changes in the ownership or business structure of

the applicant's farming business;

(ii) changes in the size or type of the applicant's

farming business or in the applicant's farming practices;

(iii) changes in the applicant's accounting methods

relative to the farming business;

(iv) any other changes that have an effect on the

program margin.

(2) For the purposes of subsection (1)(g), in determining the reference

margin,

(

a) a year having the highest program margin may only be considered

once if that year remains in any of the subsequent years in the 5-year

period as the year with the highest program margin, but

(

b) that year having the highest program margin may be considered

again in the subsequent years if, in making the determination, the amount

of the program margin for that year is reduced to an amount that is equal

to or less than the program margin for that subsequent year that has the

next highest program margin.

(3) Where an applicant has not been engaged in the farming business for at

least the 5 years immediately preceding a claim year, the Corporation is to

determine the applicant's reference margin for the purposes of this

Regulation.

(4) Where a program margin is a negative value in a year, it shall be

considered to be 0.

Program established

54(1) The Program is hereby continued.

(2) The Corporation may make compensation payments under the Program in

accordance with this Part.

Advance compensation payments

55(1) Notwithstanding anything in this regulation, the Corporation may

make advance compensation payments under the Program with respect to a

claim year, subject to the following:

(

a) the applicant must submit a preliminary application that is in

a form and contains the information required by the Corporation;

(

b) the applicant must undertake to report income for the claim

year, and must actually report such income, by filing the appropriate

Federal and Alberta tax returns;

(

c) the applicant must still submit an application for the claim

year as required by

section 60;

(

d) on receiving an application under

section 60 the Corporation

shall, in determining the amount of the compensation the applicant is

eligible to receive with respect to the claim year, deduct the amount of

all advance payments made to the applicant under this section.

(2) Subsection (1)(

b) does not apply where the applicant is an Alberta

resident described in

section 53(1)(a)(ii).

Eligibility

56(1) The following persons are eligible to apply for compensation

payments under the Program:

(

a) an individual who is an Alberta resident and carries on the

business of farming in Alberta as a sole proprietor or as a partner in a

partnership;

(

b) a private corporation carrying on the business of farming in

Alberta, where at least one of the shareholders is an Alberta resident;

(

c) a trust carrying on the business of farming in Alberta where at

least one of the beneficiaries of the trust is an Alberta resident.

(2) For the purposes of this section,

(

a) in respect of a claim year,

(

i) an individual is considered to be carrying on the

business of farming if

(

A) the individual is actively farming, and

(

B) where the individual is an Alberta

resident described in

section 53(1)(a)(i), the individual reports farming

income earned in Alberta on the appropriate income tax return for the claim

year;

(ii) a corporation is considered to be carrying on the

business of farming if the corporation is actively farming and reports

farming income earned in Alberta on the appropriate income tax return filed

for the claim year;

(iii) a trust is considered to be carrying on the

business of farming if the trust is actively farming and reports farming

income earned in Alberta on the appropriate income tax return filed for the

claim year;

(

b) an individual is considered to be actively farming if the

individual

(

i) carries out the physical work needed to produce and

market the agricultural commodity produced by the individual's farming

operation, or

(ii) makes the day-to-day management decisions for the

individual's farming operation,

or both carries out the physical work and makes the day-to-day

management decisions;

(

c) a private corporation is considered to be actively farming if

at least one of the shareholders of the corporation is an individual who

is a resident of Alberta and

(

i) carries out the physical work needed to produce and

market the agricultural commodity produced by the corporation's farming

operation, or

(ii) makes the day-to-day management decisions for the

corporation's farming operation,

or both carries out the physical work and makes the day-to-day

management decisions;

(

d) a trust is considered to be actively farming if at least one of

the beneficiaries of the trust is an individual who is a resident of

Alberta and

(

i) carries out the physical work needed to produce and

market the agricultural commodity produced by the trust's farming

operation, or

(ii) makes the day-to-day management decisions for the

trust's farming operation,

or both carries out the physical work and makes the day-to-day

management decisions;

(

e) an individual who is a shareholder in a corporation that is a

shareholder in a private corporation referred to in subsection (1)(

b) is

considered to be a shareholder of the private corporation.

Amount of compensation

57(1) An applicant is eligible to receive compensation with respect to a

claim year if the applicant's program margin for that year is less than 70%

of the applicant's reference margin.

(2) The Corporation may deduct from a compensation payment an

administration fee in an amount prescribed by the Minister.

(3) The Corporation may deduct from a compensation payment any amounts

owing by the applicant to the Corporation or to the Crown or any agency of

the Crown that is involved in the delivery of the Program.

(4) After taking into account contributions made by the Crown in Right of

Alberta or Canada to a Net Income Stabilization Account on behalf of the

applicant, the Corporation may, in recognition of those contributions,

deduct from a compensation payment payable to the applicant an amount as

determined by the Corporation.

(5) In determining under subsection (4) an amount to be deducted from a

compensation payment to be made to an applicant, the Corporation may, in

respect of contributions made by the Crown, take into consideration the

maximum contribution that would be allowable, less an amount that would be

expected to be interest.

(6) In making its determination for the purposes of subsection (4), the

Corporation may take into consideration the contribution referred to in

subsection (5) even though the applicant, in the applicant's own right, may

not have made a contribution to the Net Income Stabilization Account.

(7) The total amount of compensation paid under the Program in the

Corporation's fiscal year may not exceed $200 000 000.

(8) For the purposes of determining under subsection (7) the total amount

of compensation that may be paid under the Program in the Corporation's

fiscal year, the only claims that may be taken into account for that fiscal

year are the eligible claims of those applicants whose taxation year-end

occurs during that fiscal year of the Corporation.

(9) Where the total amount of eligible claims for compensation for the

Corporation's fiscal year exceeds $200 000 000, the Corporation may pro

rate the compensation payments in any manner it considers appropriate.

(10) Where the total amount of eligible claims for compensation for a

claim year exceeds $200 000 000, the Corporation may pro rate the

compensation payments in any manner it considers appropriate.

Maximum compensation re individual

58(1) Where an applicant for compensation is an individual, the maximum

amount that the applicant is entitled to receive with respect to the claim

is $100 000.

(2) Where an individual is an applicant and is also a shareholder in a

private corporation that receives a compensation payment, the Corporation

may take into account the payment to the corporation when determining the

maximum compensation amount that the individual as applicant is entitled to

receive under subsection (1).

Maximum compensation re corporation

59(1) Where an applicant for compensation is a private corporation, the

maximum amount that the corporation is entitled to receive with respect to

the claim is an amount that is determined by multiplying the number of

shareholders by $100 000, to a maximum of $500 000.

(2) The Corporation is to determine the amount of compensation that a

private corporation is entitled to receive based on the number of

shareholders and the distribution of shares.

(3) Where an individual as an applicant receives a compensation payment

and the individual is also a shareholder in a private corporation that

applies for a compensation payment, the Corporation may take into account

the payment to the individual when determining the maximum compensation

amount that the corporation as applicant is entitled to receive under

subsection (1).

(4) For the purpose of determining under this

section the amount of

compensation that a private corporation is entitled to receive, the only

shareholders who are to be taken into consideration are those shareholders

who are individuals that are residents of Alberta and

(

a) carry out the physical work needed to produce and market the

agricultural commodity produced by the corporation's farming operation, or

(

b) make the day-to-day management decisions for the corporation's

farming operation,

or both carry out the physical work and make the day-to-day management

decisions.

Application

60(1) An application for compensation must be made by the applicant to the

Corporation in accordance with the following:

(

a) the completed application and the application fee must be

provided to the Corporation within 7 months from the date of the

applicant's taxation year-end;

(

b) notwithstanding clause (a), if a completed application cannot

be provided to the Corporation within 7 months from the date of the

applicant's taxation year-end,

(

i) a completed preliminary application and the

application fee must be provided to the Corporation within 7 months from

the date of the applicant's taxation year-end, and

(ii) the completed final application must be provided to

the Corporation within 9 months from the date of the applicant's taxation

year-end.

(2) Notwithstanding subsection (1), if

(

a) a person fails to provide an application and the application

fee in accordance with subsection (1), and

(

b) the Board, in its sole discretion, considers that the reasons

for the failure to comply with subsection (1) are justified in the

circumstances,

the Board may,

(

c) where a complete application is available, accept the completed

application and the application fee, or

(

d) where a completed application is not yet available, set a time

limit within which the completed application and the application fee must

be provided to the Corporation.

(3) For the purposes of subsections (1) and (2), if an application and the

application fee is sent to the Corporation by mail, it is considered to

have been provided to the Corporation on the date postmarked on the

envelope containing the application.

(4) The application fee for an application made under this

section is to

be in an amount as determined by the Minister.

(5) An application fee is not refundable.

(6) Where an applicant makes an application for compensation, the

applicant must on the request of the Corporation provide to the Corporation

any additional information relevant to the application that the Corporation

requires.

(7) An applicant shall forthwith notify the Corporation of any material

changes in respect of the information relating to the application that the

applicant provided to the Corporation.

Availability of records

61 An applicant shall make available to the Corporation or its

representative for inspection all farm records, books of account, income

tax returns and notices of assessment, Canadian Wheat Board permit books,

loan and crop insurance records and any other records that the Corporation

or its representative considers necessary to determine the accuracy of the

information in the application or the applicant's entitlement to

compensation.

Compensation not assignable

62 Compensation payments are not assignable.

Return of compensation

63(1) The Corporation may by notice in writing require an applicant to

return to the Corporation all or part of a compensation payment if

(

a) the applicant has provided false or misleading information to

the Corporation in respect of the application, or

(

b) the applicant has, in the opinion of the Corporation, received

an over-payment of compensation or a compensation payment to which the

applicant was not entitled.

(2) Money owing under this

section is recoverable in an action in debt.

Applications re 1998

64 Notwithstanding anything to the contrary, in respect of the 1998 claim

year and applications for compensation for that claim year,

(

a) the end of the day on February 29, 2000 is, for the purpose of

section 60(1), the time by which an application for compensation must be

made,

(

b) an application for compensation that is made by the applicant

to the Corporation, accompanied by the application fee, not later than the

time referred to in clause (

a) is considered to be an application made in

accordance with

section 60(1) and for the purposes of

section 60(2), and

(c)

section 60(2) to (7) apply.

Payment under this Part prohibited

65 Notwithstanding anything in this Part, compensation is not payable by

the Corporation under the Program in respect of a claim year if

(

a) a cost-sharing arrangement has been entered into between the

compensation based on farm income is payable in respect of that claim year

to farmers in Alberta, and

(

b) the payment of compensation under the cost-sharing arrangement

referred to in clause (

a) is subject to the same rules that payment of

compensation under the Program is subject to, or to similar rules.

PART 6

LOCAL OPPORTUNITY BONDS

Interpretation, etc.

66(1) In this Part,

(a) "eligible business" means a company that

(

i) is incorporated, continued or registered under the

Business Corporations Act, and

(ii) is not primarily involved in

(

A) oil and gas exploration or production,

(

B) real estate development, or

(

C) retail sale of goods;

(b) "financing agreement" means an agreement referred to in

section

67(1)(

c) that meets the requirements of

section 68;

(c) "project" means a project proposed to be undertaken by an

eligible business.

(2) For the purposes of this Part, retail sale of goods does not include

the sale of goods by a person who has manufactured or produced the goods.

Conditions re issuing local opportunity bonds

67(1) Before the Corporation issues local opportunity bonds in respect of

a project of an eligible business, the following conditions must be met:

(

a) the Corporation must be satisfied that the project

(

i) is feasible and economically viable, and

(ii) is likely to be of an economic benefit to rural

Alberta;

(

b) the Corporation must be satisfied that the eligible business

will have, at the time of the issue of the local opportunity bonds,

shareholders' equity of not less than

(i) 25% of the assets of the eligible business, or

(ii) an amount as specified by the Corporation if the

minimum assured repayment determined in accordance with

section 59 of the

Act for the local opportunity bonds to be issued in respect of the project

is less than 20% of the principal amount of the local opportunity bonds;

(

c) the eligible business has entered into a financing agreement

with the Corporation;

(

d) the Corporation has been provided with

(

i) all the financial and other information and

documentation required under the financing agreement, and

(ii) all other information and documentation that the

Corporation may require in order for the Corporation to be satisfied that

the requirements of this Part have been met.

(2) When issuing local opportunity bonds in respect of an eligible

business, the Corporation

(

a) must issue a specific series of local opportunity bonds for

that particular eligible business, and

(

b) must not sell the local opportunity bonds from that series for

any eligible business other than the eligible business for which the bonds

were issued.

(3) Notwithstanding subsection (2), when issuing local opportunity bonds

in respect of more than one project of an eligible business, the

Corporation

(

a) must issue a specific series of local opportunity bonds for

each particular project, and

(

b) must not sell the local opportunity bonds from that series for

any project other than the project for which the bonds were issued.

Financing agreement

68(1) The Corporation is not to enter into a financing agreement with an

eligible business unless the agreement provides for at least the following:

(

a) that the proceeds raised by the sale of local opportunity bonds

will be invested by the Corporation in the eligible business to be used by

the eligible business to finance the project as approved by the Corporation

and in respect of which the local opportunity bonds were issued;

(

b) that the eligible business will furnish to the Corporation, in

a form and at times satisfactory to the Corporation,

(

i) financial reports, and

(ii) any other reports and information as requested by

the Corporation;

(

c) that the eligible business will furnish to the registered

holders of the local opportunity bonds, in a form and at times satisfactory

to the Corporation,

(

i) financial reports, and

(ii) any other reports and information as may be

directed by the Corporation.

(2) When a financing agreement is entered into between the Corporation and

an eligible business, the Corporation must administer the carrying out of

the agreement and in so doing the Corporation must act in good faith and in

a commercially reasonable manner.

Restrictions re sale of local opportunity bonds

69 The following restrictions apply to the sale by the Corporation of

local opportunity bonds:

(

a) a local opportunity bond may be sold only to

(

i) an individual who in the opinion of the Corporation

is ordinarily resident in Alberta,

(ii) a trustee or administrator of a registered

retirement savings plan or registered retirement income fund of a person

described in subclause (i), or

(iii) a corporation that has its principal office located

in Alberta;

(

b) notwithstanding clause (a), a local opportunity bond is not to

be sold to

(

i) the eligible business in respect of which the local

opportunity bond was issued;

(ii) a company affiliated with the eligible business if

an officer, director, manager or shareholder of the eligible business holds

or controls, directly or indirectly, more than 5% of the equity shares in

the affiliated company;

(iii) a person who, at the time of the sale of the local

opportunity bond, is

(

A) an officer, director, manager or shareholder

of the eligible business in respect of which the local opportunity bond was

issued, or

(

B) the spouse, child or parent of a person

referred to in paragraph (

A) or another relative of a person referred to in

paragraph (

A) if that other relative resides with that person;

(iv) a person who would by virtue of that purchase of

the local opportunity bond hold more than 10% of the total issued amount of

any series of local opportunity bonds;

(

v) a person or an organization where, in the opinion

of the Corporation, the result of the purchase of the local opportunity

bond would be that the beneficial owner of the bond would be a person

referred to in subclauses (

i) to (iv).

Promotion of local opportunity bonds

70(1) Before the Corporation sells a local opportunity bond, the

Corporation must provide to the prospective purchaser of the local

opportunity bond an information package consisting of the following:

(

a) a statement, prominently displayed, of the risks represented by

an investment in the local opportunity bond, both in relation to the nature

and attributes of the local opportunity bond and in relation to the nature

of the project in respect of which the bond is being issued;

(

b) a statement, prominently displayed, that the issue of the local

opportunity bond has not been reviewed or considered by the Alberta

Securities Commission or any other regulatory body;

(

c) a description of the offering, including the nature and

attributes of the local opportunity bond to be offered, the amount of the

bonds to be offered, and the closing date of the offering;

(

d) information about the Corporation and the eligible business,

including the shareholdings and profiles of key management employees of the

eligible business;

(

e) a description of the project and the proposed investment by the

Corporation in the eligible business;

(

f) an opinion of the taxation consequences of investing in the

local opportunity bond;

(

g) a description of the restrictions on secondary trading in the

local opportunity bonds;

(

h) the form of the proposed local opportunity bonds;

(

i) a copy of the financing agreement;

(

j) a copy or a

summary of the business plan for the project;

(

k) a copy or a

summary of any applicable feasibility studies;

(

l) financial statements of the eligible business;

(

m) a copy or

summary of any material contracts of the eligible

business;

(

n) an application form that is to be used to subscribe for the

local opportunity bonds;

(

o) a certificate given on behalf of the Corporation, verifying the

accuracy of statements in the information package about the local

opportunity bonds and the financing agreement;

(

p) a certificate by an officer of the eligible business, verifying

the accuracy of statements in the information package about the eligible

business and the project.

(2) In respect of any series of local opportunity bonds, a person is not

to do any of the following without the prior written consent of the

Corporation:

(

a) use any written materials for the purpose of soliciting

applications for or selling the local opportunity bonds, other than the

information package or excerpts and summaries drawn from the information

package;

(

b) in writing or otherwise make any claim, representation or

promise about the nature and attributes of the local opportunity bonds that

is not supported by the contents of the information package issued for

those local opportunity bonds;

(

c) advertise the availability of the local opportunity bonds.

(3) All money paid for the purchase of local opportunity bonds from the

Corporation must be paid directly to the Corporation.

(4) Before accepting money for the purchase of a local opportunity bond

from the Corporation, the Corporation must

(

a) conduct an interview with the proposed purchaser, and

(

b) satisfy itself that the proposed purchaser

(

i) has received and reviewed a copy of the information

package, and

(ii) understands the nature and consequences of the

investment and the risk factors involved in the investment.

(5) An agreement between the Corporation and a purchaser of a local

opportunity bond must provide that the purchaser is allowed to cancel the

purchase and obtain a refund of the purchase price if the purchaser

provides to the Corporation a written notice of the cancellation that is

delivered by any means to the address of the Corporation specified in the

information package before the end of business hours on the 2nd business

day following the day on which the purchase price was paid to the

Corporation.

Register and trading

71(1) The Corporation must with respect to each series of local

opportunity bonds issued by the Corporation keep or cause to be kept a

register of the names and addresses of all persons who hold the local

opportunity bonds.

(2) Local opportunity bonds are transferable only through the Corporation.

(3) The Corporation may disregard any interest in a local opportunity bond

that is claimed by any person other than the registered holder of the local

opportunity bond.

(4) The Corporation must accept for registration a transfer of a local

opportunity bond if the following conditions are met:

(

a) the proposed transferor and transferee have each completed the

form of transfer as the Corporation may require;

(

b) the proposed transferee, in the opinion of the Corporation,

meets the requirements of

section 69 in the same manner as if the

transferee were purchasing the local opportunity bond from the Corporation;

(

c) the proposed transferee has, in the opinion of the Corporation,

received full and current disclosure of financial and other information

pertinent to the local opportunity bond that is to be transferred,

including

(

i) the nature and attributes of the local opportunity

bond, and

(ii) the status of the financing agreement, the eligible

business and the project;

(

d) the proposed transfer is not, in the opinion of the

Corporation, occurring as a result of insider information that is not

generally available to the holders of the local opportunity bonds that are

of the same series as those that are the subject of the proposed transfer.

(5) Notwithstanding subsection (4), the Corporation may register a

transfer of a local opportunity bond to a transferee who does not meet the

requirements of subsection (4) where

(

a) the transfer to the transferee arises due to the death of the

holder of the local opportunity bond,

(

b) the transfer to the transferee arises by reason only of the

realization of security that consists of or includes the local opportunity

bond, or

(

c) the registered holder of the local opportunity bond is in

bankruptcy and the transfer is to the trustee of the bankrupt's estate.

(6) If a person does not qualify as a transferee of a local opportunity

bond by reason only of the circumstances governed by

section 69(b)(iv), the

Corporation may nevertheless register the local opportunity bond in the

name of the transferee if at least 2 years have expired from the date of

the issue of that local opportunity bond.

Confidentiality of information

72 All information and documentation furnished to the Corporation under

this

Part is to be received and held in confidence by the Corporation,

except to the extent that the information and documentation

(

a) become part of an information package referred to in

section

70(1),

(

b) are already in the public domain, or

(

c) are required by law to be disclosed.

Obligations of the Corporation

73(1) In this section,

(a) "agreement" means

(

i) a financing agreement, and

(ii) an agreement between the Corporation and a

purchaser to acquire a local opportunity bond;

(b) "fundamental obligation" means

(

i) the obligation by the Corporation to pay the

amounts owing under a local opportunity bond, and

(ii) the obligations of the Corporation that are

specifically set out in a financing agreement or any agreement to purchase

or transfer a local opportunity bond.

(2) It is a condition of every agreement that, other than for the

fundamental obligations,

(

a) the Corporation is excluded from liability under the agreement,

and

(

b) no duty, obligation or liability is created on the part of the

Corporation to any holder, transferor or transferee of a local opportunity

bond by virtue of the agreement or any dealings under or pursuant to the

agreement.

PART 7

TRANSITIONAL AND REPEAL

Transitional re application of AR 38/2000

74 The amendments made by the Agriculture Financial Services Amendment

Regulation, 2000 (No. 1) (AR 38/2000) to

Part 4.1 of the Agriculture

Financial Services Regulation (AR 174/94) as those amendments are carried

forward in

Part 5 of this Regulation apply in respect of the 1998 claim

year and subsequent years.

Transition re application of AR 71/2000

75 The amendments made by the Agriculture Financial Services Amendment

Regulation, 2001 (AR 71/2001) to

Part 4.1 of the Agriculture Financial

Services Regulation (AR 174/94) as those amendments are carried forward in

Part 5 of this Regulation apply in respect of the 2000 claim year and

subsequent years.

Transitional re application of AR 164/2001

76 The amendments made by the Agriculture Financial Services Amendment

Regulation, 2001 (No. 2) (AR 164/2001) to

section 1(1) and

Part 3 of the

Agriculture Financial Services Regulation (AR 174/94) as those amendments

are carried forward into

section 1(1) and

Part 3 of this Regulation apply

in respect of the 2001 and subsequent crop years.

Repeal

77 The Agriculture Financial Services Regulation (AR 174/94) is repealed.

SCHEDULE 1

BIG GAME

Ursus americanus (Black Bear)

Ursus arctos (Grizzly Bear)

Felis concolor [Cougar (Mountain Lion)]

Cervus elaphus manitobensis [Elk (Wapiti)(Manitoban Elk)]

Cervus elaphus nannodes [Elk (Wapiti)(Tule Elk)]

Cervus elaphus nelsoni [Elk (Wapiti)(Rocky

Mountain Elk)]

Cervus elaphus roosevelti [Elk (Wapiti)(Roosevelt Elk)]

Odocoileus hemionus (Mule Deer)

Odocoileus virginianus (White-tailed Deer)

Alces alces (Moose)

Antilocapra americana [Antelope (Pronghorn)]

Ovis canadensis canadensis [Sheep (Rocky Mountain Bighorn

Sheep)]

Oreamnos americanus [Goat (Rocky Mountain Goat)]

Any hybrid offspring resulting from the crossing of 2 big game animals.

SCHEDULE 2

UPLAND GAME BIRDS

Perdix perdix [Hungarian (Common) (Gray) Partridge]

Phasianus colchicus [Pheasant (ring-necked Pheasant)]

Dendragapus canadensis (Spruce Grouse)

Dendragapus obscurus (Blue Grouse)

Lagopus lagopus (Willow Ptarmigan)

Lagopus leucurus (White-tailed Ptarmigan)

Bonasa umbellus (Ruffed Grouse)

Centrocercus urophasianus (Sage Grouse)

Tympanuchus phasianellus (Sharp-tailed Grouse)

Any hybrid offspring resulting from the crossing of 2 upland game birds.

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

Alberta Regulation 100/2002

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (PENSION PARTNER)

AMENDMENT REGULATION

Filed: May 29, 2002

Made by the Lieutenant Governor in Council (O.C. 247/2002) on May 29, 2002

pursuant to Schedules 1, 2, 4 and 5, sections 4 and 12 of the Public Sector

Pension Plans Act.

PART 1

LOCAL AUTHORITIES PENSION PLAN

1 The Local Authorities Pension Plan (AR 366/93) is amended by this Part.

2 The following provisions are amended

(

a) by striking out "spouse" and "spousal" wherever they occur in

those provisions and substituting "pension partner";

(

b) by striking out "SPOUSE" and "SPOUSAL" and substituting

"PENSION PARTNER";

(

c) by striking out "Spouse" and substituting "pension partner":

section 20(2)

section

section 37

section 64

section 44

section 65

section 45

section 83(1)(

a) section 45.1

section 86(3)

section 57(2)

section

88(2)

section 58(1) Form 1 of

Schedule 1

section 59

Section 2(1) is amended

(

a) by adding the following after clause (dd):

(dd.1) "pension partner" means

(

i) a person who, at the relevant time, was

married to a participant or former participant and

(

A) was not judicially or

otherwise separated from him or her, or

(

B) if so separated, was wholly

or substantially dependent on him or her,

(ii) if there is no person to whom subclause

(

i) applies, a person who, as at and up to the relevant time, had lived

with the participant or former participant in a conjugal relationship

(

A) for a continuous period of

at least 3 years, or

(

B) of some permanence, if

there is a child of the relationship by birth or adoption,

and was, during that period or that

relationship, as the case may be, held out by the participant or former

participant in the community in which they lived as being in that conjugal

relationship, or

(iii) if there is no person to whom subclause

(

i) or (ii) applies, a person who was married to but separated from the

participant or former participant and not wholly or substantially dependent

on him or her at the relevant time;

(

b) by repealing clause (oo).

4 Form 1 of

Schedule 1 is amended in item 2

(

a) by striking out "I am of the opposite sex to that of the

pensioner and that";

(

b) by repealing clause (c)(

i) and (ii) and substituting the

following:

(

i) I have lived continuously with the pensioner for

the 3 years immediately before pension commencement in a conjugal

relationship, and throughout that 3-year period I have been represented by

the pensioner in our community as being in a conjugal relationship with the

pensioner, or

(ii) I have lived with the pensioner in a conjugal

relationship of some permanence up to pension commencement of which there

is a child or children by birth or adoption, and throughout that period I

have been represented by the pensioner in our community as being in a

conjugal relationship with the pensioner;

5 Form 2 of

Schedule 1 is amended by repealing clauses (

a) and (

b) and

substituting the following:

(

a) there is no person with whom I have lived continuously for the

3 years immediately before pension commencement in a conjugal relationship

and who I have represented throughout that 3-year period in my community as

being in a conjugal relationship with me, and

(

b) there is no person with whom I have lived in a conjugal

relationship of some permanence up to pension commencement of which there

is a child or children by birth or adoption and who I have represented

throughout that period in my community as being in a conjugal relationship

with me, and

PART 2

PUBLIC SERVICE PENSION PLAN

6 The Public Service Pension Plan (AR 368/93) is amended by this Part.

7 The following provisions are amended

(

a) by striking out "spouse" and "spousal" wherever they occur in

those provisions and substituting "pension partner";

(

b) by striking out "SPOUSE" and "SPOUSAL" and substituting

"PENSION PARTNER";

(

c) by striking out "Spouse" and substituting "pension partner":

section 20(2)

section

section 37

section 64

section 44

section 65

section 45

section 83(1)(

a) section 45.1

section 86(3)

section 57(2)

section

88(2)

section 58(1) Form 1 of

Schedule 1

section 59

Section 2(1) is amended

(

a) by adding the following after clause (dd):

(dd.1) "pension partner" means

(

i) a person who, at the relevant time, was

married to a participant or former participant and

(

A) was not judicially or

otherwise separated from him or her, or

(

B) if so separated, was wholly

or substantially dependent on him or her,

(ii) if there is no person to whom subclause

(

i) applies, a person who, as at and up to the relevant time, had lived

with the participant or former participant in a conjugal relationship

(

A) for a continuous period of

at least 3 years, or

(

B) of some permanence, if

there is a child of the relationship by birth or adoption,

and was, during that period or that

relationship, as the case may be, held out by the participant or former

participant in the community in which they lived as being in that conjugal

relationship, or

(iii) if there is no person to whom subclause

(

i) or (ii) applies, a person who was married to but separated from the

participant or former participant and not wholly or substantially dependent

on him or her at the relevant time;

(

b) by repealing clause (oo).

9 Form 1 of

Schedule 1 is amended in item 2

(

a) by striking out "I am of the opposite sex to that of the

pensioner and that";

(

b) by repealing clause (c)(

i) and (ii) and substituting the

following:

(

i) I have lived continuously with the pensioner for

the 3 years immediately before pension commencement in a conjugal

relationship, and throughout that 3-year period I have been represented by

the pensioner in our community as being in a conjugal relationship with the

pensioner, or

(ii) I have lived with the pensioner in a conjugal

relationship of some permanence up to pension commencement of which there

is a child or children by birth or adoption, and throughout that period I

have been represented by the pensioner in our community as being in a

conjugal relationship with the pensioner;

10 Form 2 of

Schedule 1 is amended by repealing clauses (

a) and (

b) and

substituting the following:

(

a) there is no person with whom I have lived continuously for the

3 years immediately before pension commencement in a conjugal relationship

and who I have represented throughout that 3-year period in my community as

being in a conjugal relationship with me, and

(

b) there is no person with whom I have lived in a conjugal

relationship of some permanence up to pension commencement of which there

is a child or children by birth or adoption and who I have represented

throughout that period in my community as being in a conjugal relationship

with me, and

PART 3

SPECIAL FORCES PENSION PLAN

11 The Special Forces Pension Plan (AR 369/93) is amended by this Part.

12 The following provisions are amended

(

a) by striking out "spouse" and "spousal" wherever they occur in

those provisions and substituting "pension partner";

(

b) by striking out "SPOUSE" and "SPOUSAL" and substituting

"PENSION PARTNER";

(

c) by striking out "Spouse" and substituting "pension partner":

section 20(2)

section

section 36(5)

section

section 37

section

section 45

section

83(1)(a)

section 57(2)

section

86(3)

section 58(1)

section

88(2)

section 59 Form 1 of

Schedule 1

section 60(1)

Section 2(1) is amended

(

a) by adding the following after clause (dd):

(dd.1) "pension partner" means

(

i) a person who, at the relevant time, was

married to a participant or former participant and

(

A) was not judicially or

otherwise separated from him or her, or

(

B) if so separated, was wholly

or substantially dependent on him or her,

(ii) if there is no person to whom subclause

(

i) applies, a person who, as at and up to the relevant time, had lived

with the participant or former participant in a conjugal relationship

(

A) for a continuous period of

at least 3 years, or

(

B) of some permanence, if

there is a child of the relationship by birth or adoption,

and was, during that period or that

relationship, as the case may be, held out by the participant or former

participant in the community in which they lived as being in that conjugal

relationship, or

(iii) if there is no person to whom subclause

(

i) or (ii) applies, a person who was married to but separated from the

participant or former participant and not wholly or substantially dependent

on him or her at the relevant time;

(

b) by repealing clause (oo).

14 Form 1 of

Schedule 1 is amended in item 2

(

a) by striking out "I am of the opposite sex to that of the

pensioner and that";

(

b) by repealing clause (c)(

i) and (ii) and substituting the

following:

(

i) I have lived continuously with the pensioner for

the 3 years immediately before pension commencement in a conjugal

relationship, and throughout that 3-year period I have been represented by

the pensioner in our community as being in a conjugal relationship with the

pensioner, or

(ii) I have lived with the pensioner in a conjugal

relationship of some permanence up to pension commencement of which there

is a child or children by birth or adoption, and throughout that period I

have been represented by the pensioner in our community as being in a

conjugal relationship with the pensioner;

15 Form 2 of

Schedule 1 is amended by repealing clauses (

a) and (

b) and

substituting the following:

(

a) there is no person with whom I have lived continuously for the

3 years immediately before pension commencement in a conjugal relationship

and who I have represented throughout that 3-year period in my community as

being in a conjugal relationship with me, and

(

b) there is no person with whom I have lived in a conjugal

relationship of some permanence up to pension commencement of which there

is a child or children by birth or adoption and who I have represented

throughout that period in my community as being in a conjugal relationship

with me, and

PART 4

MANAGEMENT EMPLOYEES PENSION PLAN

16 The Management Employees Pension Plan (AR 367/93) is amended by this

Part.

Section 2(1) is amended

(

a) by adding the following after clause (dd):

(dd.1) "pension partner" means

(

i) a person who, at the relevant time, was

married to a participant or former participant and

(

A) was not judicially or

otherwise separated from him or her, or

(

B) if so separated, was wholly

or substantially dependent on him or her,

(ii) if there is no person to whom subclause

(

i) applies, a person who, as at and up to the relevant time, had lived

with the participant or former participant in a conjugal relationship

(

A) for a continuous period of

at least 3 years, or

(

B) of some permanence, if

there is a child of the relationship by birth or adoption,

and was, during that period or that

relationship, as the case may be, held out by the participant or former

participant in the community in which they lived as being in that conjugal

relationship, or

(iii) if there is no person to whom subclause

(

i) or (ii) applies, a person who was married to but separated from the

participant or former participant and not wholly or substantially dependent

on him or her at the relevant time;

(iii) if there is no person to whom subclause

(

i) or (ii) applies, a person who was married to but separated from the

participant or former participant and not wholly or substantially dependent

on him or her at the relevant time;

(

b) by repealing clause (oo).

18 Form 1 of

Schedule 1 is amended in item 2 by repealing clause (c)(

i) and (ii) and substituting the following:

(

i) I have lived continuously with the pensioner for

the 3 years immediately before pension commencement in a conjugal

relationship, and throughout that 3-year period I have been represented by

the pensioner in our community as being in a conjugal relationship with the

pensioner, or

(ii) I have lived with the pensioner in a conjugal

relationship of some permanence up to pension commencement of which there

is a child or children by birth or adoption, and throughout that period I

have been represented by the pensioner in our community as being in a

conjugal relationship with the pensioner;

19 Form 2 of

Schedule 1 is amended by repealing clauses (

a) and (

b) and

substituting the following:

(

a) there is no person with whom I have lived continuously for the

3 years immediately before pension commencement in a conjugal relationship

and who I have represented throughout that 3-year period in my community as

being in a conjugal relationship with me, and

(

b) there is no person with whom I have lived in a conjugal

relationship of some permanence up to pension commencement of which there

is a child or children by birth or adoption and who I have represented

throughout that period in my community as being in a conjugal relationship

with me, and

PART 5

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE

PROVISIONS) REGULATION

20 The Public Sector Pension Plans (Legislative Provisions) Regulation

(AR 365/93) is amended by this Part.

Section 12(2) is amended by striking out "spouse or pension partner,

as the case may be" and substituting "pension partner",

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

Alberta Regulation 101/2002

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSIONS

(PENSION PARTNER) AMENDMENT REGULATION

Filed: May 29, 2002

Made by the Lieutenant Governor in Council (O.C. 249/2002) on May 29, 2002

pursuant to

section 23 of the Teachers' Pension Plans Act.

PART 1

TEACHERS' PLAN

Schedule 1 to the Teachers' and Private School Teachers' Pension Plans

(AR 203/95) is amended by this Part.

2 The following provisions are amended

(

a) by striking out "spouse" and "spousal" wherever they occur in

those provisions and substituting "pension partner";

(

b) by striking out "SPOUSE" and "SPOUSAL" and substituting

"PENSION PARTNER";

(

c) by striking out "Spouse" and substituting "pension partner":

section 28

section

section 29(1)(

c) section 36(c)

section 32(2)(b)

section 41(1)

section 33 Form in Subschedule 1

section 34

Section 1(1) is amended

(

a) by adding the following after clause (hh):

(hh.1) "pension partner", in relation to a member,

means

(

i) a person who, at the relevant time, was

married to that member and had not been living separate and apart from that

member for 3 or more consecutive years, or

(ii) if there is no person to whom subclause

(

i) applies, a person who, as at and up to the relevant time, had lived

with that member in a conjugal relationship for a continuous period of at

least 3 years and was, during that period, held out by that member in the

community in which they lived as being in that conjugal relationship;

(

b) by repealing clause (yy).

4 The form in Subschedule 1 is amended in item 2

(

a) by striking out "I am of the opposite sex to that of the

pensioner and that";

(

b) in clause (

b) by striking out "the pensioner's consort" and

substituting "being in a conjugal relationship with the pensioner".

PART 2

TEACHERS' PENSION PLANS (LEGISLATIVE

PROVISIONS) REGULATION

5 The Teacher's Pension Plans (Legislative Provisions) Regulation (AR

204/95) is amended by this Part.

Section 16(2) is amended by striking out "spouse" and substituting

"pension partner".

Alberta Regulation 102/2002

Motor Vehicle Administration Act

Off-highway Vehicle Act

MISCELLANEOUS FEES AMENDMENT REGULATION

Filed: May 29, 2002

Made by the Lieutenant Governor in Council (O.C. 252/2002) on May 29, 2002

pursuant to sections 20, 23.3 and 59 of the Motor Vehicle Administration

Act and

section 30 of the Off-highway Vehicle Act.

1(1) The Off-highway Vehicle Regulation (AR 70/91) is amended by this

section.

(2) Section 4 is amended

(

a) in subsection (1)(

a) and (

b) by striking out "$24" and

substituting "$30";

(

b) in subsection (1)(

c) by striking out "$69" and substituting

"$144";

(

c) in subsection (2) by striking out "$10" and substituting "$30".

(3) Section 6(1) is amended by striking out "$10" wherever it occurs and

substituting "$13".

(4) Section 7 is amended

(

a) in subsection (1) by striking out "$165" and substituting

"$185";

(

b) in subsection (3) by striking out "$55" and substituting "$62".

(5) Schedule 1 is amended

(

a) in

section 1(2) by striking out "$10" and substituting "$13";

(

b) in

section 1(4) by striking out "$6" and substituting "$11";

(

c) in

section 1(6) by striking out "$6" and substituting "$8".

2(1) The Regulations under the Motor Vehicle Administration Act (AR 22/76)

are amended by this section.

(2) Section 1 is amended

(

a) in subsection (1)

(

i) by striking out "$8" and substituting "$11";

(ii) by striking out "$40" and substituting "$55";

(

b) in subsections (2), (3) and (5) by striking out "$8" and

substituting "$11";

(

c) in subsection (4) by striking out "$10" and substituting "$13".

(3) Section 1.1 is amended

(

a) in clause (

a) by striking out "$140" and substituting "$200";

(

b) in clause (

c) by striking out "$25" and substituting "$50".

(4) Section 1.11 is amended by striking out "$100" and substituting

"$150".

(5) Section 1.12 is amended by striking out "$5" and substituting "$13".

(6) Section 3 is amended

(

a) in subsection (1)(

a) by striking out "$42" and substituting

"$55";

(

b) in subsection (1)(

b) by striking out "$24" and substituting

"$30";

(

c) in subsection (1)(

c) by striking out "$69" and substituting

"$144";

(

d) in subsection (1)(c.1) and (c.2) by striking out "$10" and

substituting "$20";

(

e) in subsection (1)(

d) by striking out "$30" and substituting

"$100";

(

f) in subsection (1)(

e) by striking out "$25" and substituting

"$30";

(

g) in subsection (2) by striking out "the following vehicles is

$10" and substituting "the following motor vehicles is $55 and trailers is

$100";

(

h) in subsection (2)(

a) by striking out "vehicles" wherever it

occurs and substituting "motor vehicles or trailers";

(

i) in subsection (2)(

b) and (

c) by striking out "vehicles" and

substituting "motor vehicles or trailers";

(

j) by repealing subsection (2.3) and substituting the following:

(2.3) Instead of registering a trailer or semi-trailer

in the manner referred to in subsection (2.1), a person may register the

trailer or semi-trailer separately and in that case the fees payable are as

follows:

Weight in kg Fee

0 - 2500 $ 106

2501 - 3000 132

3001 - 3600 158

3601 - 4400 224

4401 - 5300 251

5301 - 6300 277

6301 - 7600 317

7601 - 9200 449

9201 - 11 000 607

11 001 - 13 000 924

13 001 - 16 000 1003

16 001 - 19 000 1228

19 001 - 23 000 1624

23 001 - 28 000 1756

28 001 - 34 000 2033

(7) Section 3.01 is amended

(

a) in subsection (1) by striking out "$10" wherever it occurs and

substituting "$13";

(

b) in subsection (2)(a), (

b) and (

c) by striking out "$10" and

substituting "$15".

(8) Section 5.1 is amended

(

a) in subsection (1) by striking out "$165" and substituting

"$185";

(

b) in subsection (3) by striking out "$55" and substituting "$62".

(9) Section 6 is amended

(

a) in subsection (1)(

a) and (

b) by striking out "$10" and

substituting "$13";

(

b) in subsection (1)(

d) by striking out "$6" and substituting

"$10";

(

c) in subsection (1)(f)(

i) and (ii) by striking out "$8" and

substituting "$11";

(

d) in subsection (1)(

i) by striking out "$6" and substituting "$8"

(

e) in subsection (1)(

j) by striking out "$8" and substituting

"$11";

(

f) in subsections (3) and (4) by striking out "$8" and

substituting "$11".

(10) Section 17.4 is amended by striking out "$50" and substituting "$63".

3(1) The

Section 112 Motor Vehicle Seizure and Immobilization Regulation

(AR 395/91) is amended by this section.

(2) Section 7 is amended

(

a) in clause (

a) by striking out "$200" and substituting "$250";

(

b) in clause (

b) by striking out "$100" and substituting "$125".

4(1) The Driver Training Regulation (AR 133/90) is amended by this

section.

(2) Section 9 is amended by striking out "$165" and substituting "$175".

(3) Section 21 is amended by striking out "$20" and substituting "$30".

5 This Regulation comes into force on July 1, 2002.

Alberta Regulation 103/2002

Traffic Safety Act

Motor Vehicle Administration Act

Motor Transport Act

MISCELLANEOUS FEES (MINISTERIAL) AMENDMENT REGULATION

Filed: May 29, 2002

Made by the Minister of Transportation (M.O. 11/02) on May 9, 2002 pursuant

section 64(

u) of the Traffic Safety Act and

section 15 of the Motor

Transport Act.

1(1) The License Suspension Program Regulation (AR 249/99) is amended by

this section.

(2) Section 4 is amended

(

a) in clause (

a) by striking out "$200" and substituting "$250";

(

b) in clause (

b) by striking out "$100" and substituting "$125";

2(1) The Public Vehicle Classification, Fees and Permit Regulation (AR

17/87) is amended by this section.

(2) Section 5 is amended

(

a) in subsection (1) by striking out "$10" and substituting "$55";

(

b) in subsection (2) by striking out "$10" and substituting "$20";

(

c) in subsection (2.1) by striking out "$90" and substituting

"$100";

(

d) in subsection (3) by striking out "$66" and substituting "$76";

(

e) in subsection (6)(

a) by striking out "$140" and substituting

"$155"

(

f) in subsection (6)(

b) by striking out "$24" and substituting

"$30".

(3) Section 7 is amended by striking out "$10" wherever it occurs and

substituting "$13".

(4) Section 26(4), (6) and (7) are amended by striking out "$10" and

substituting "$15".

(5) Schedule 5 is repealed and the following is substituted:

SCHEDULE 5

REGISTRATION FEES

1 The annual registration fees for a Class 1 or Class 3 public vehicle

are the following amounts:

Licensed Maximum Registration

Gross Weight Fees

0 - 2500 kg $ 67

2501 - 3000 kg 80

3001 - 3600 kg 106

3601 - 4400 kg 133

4401 - 5300 kg 159

5301 - 6300 kg 185

6301 - 7600 kg 225

7601 - 9200 kg 265

9201 - 11 000 kg 317

11 001 - 13 000 kg 383

13 001 - 16 000 kg 463

16 001 - 17 999 kg 608

18 000 - 19 000 kg 634

19 001 - 23 000 kg 819

23 001 - 28 000 kg 1057

28 001 - 34 000 kg 1387

34 001 - 41 000 kg 1809

41 001 - 49 000 kg 2377

49 001 - 51 000 kg 2509

51 001 - 53 000 kg 2654

53 001 - 55 000 kg 2786

55 001 - 57 000 kg 2918

57 001 - 59 000 kg 3050

59 001 - 61 000 kg 3182

61 001 - 63 000 kg 3314

63 001 and over 3446 plus $120 for each 2000 kg or portion

thereof in excess of 63 500 kg

2 The annual registration fees for a Class 2 public vehicle are the

following amounts:

Licensed Maximum Registration

Gross Weight Fees

2500 kg and less $59

Over 2500 kg $81

3 The annual registration fees for a trailer or semi-trailer that is a

public vehicle and that is registered separately and not in conjunction

with a truck tractor are the following amounts:

Licensed Maximum Registration

Gross Weight Fees

0 - 2500 kg $106

2501 - 3000 kg 132

3001 - 3600 kg 158

3601 - 4400 kg 224

4401 - 5300 kg 251

5301 - 6300 kg 277

6301 - 7600 kg 317

7601 - 9200 kg 449

9201 - 11 000 kg 607

11 001 - 13 000 kg 924

13 001 - 16 000 kg 1003

16 001 - 19 000 kg 1228

19 001 - 23 000 kg 1624

23 001 - 28 000 kg 1756

28 001 - 34 000 kg 2033

3 This Regulation comes into force on July 1, 2002.

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

Alberta Regulation 104/2002

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: May 31, 2002

Made by the Lieutenant Governor in Council (O.C. 233/2002) on May 29, 2002

pursuant to

section 104 of the Wildlife Act and by the Minister of

Sustainable Resource Development (M.O. 12/2002) on May 29, 2002 pursuant to

section 103 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.

Section 153 is amended by striking out "2002" and substituting "2012".

Section 21 of

Schedule 1 is amended

(

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

(1.01) A person not covered by subsection (1) who lawfully kills a

black bear, deer, moose, antelope or game bird under an aboriginal treaty

or other right that is protected by the Canadian Constitution is exempt

from the application of

section 59(1) of the Act if

(

a) the animal is exported within 30 days after the

date when it was killed, and

(

b) the animal is accompanied during its exportation by

the person who killed it.

(

b) in subsection (2) by adding "or (1.01)" after "(1)".

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

Alberta Regulation 105/2002

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: May 31, 2002

Made by the Minister of Sustainable Resource Development (M.O. 13/2002) on

May 29, 2002 pursuant to sections 12, 23 and 103 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.

Section 3 is amended

(

a) by repealing clause (g);

(

b) in clause (

o) by striking out "the Director of Wildlife" and

substituting "the Director responsible for wildlife management";

(

c) in clause (x.1)(

i) and (ii) by adding "(1)" after "52";

(

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

(y.01) "Hess band" means the leg band developed by

Herbert Hess, which indicates that a falconry bird on which it is placed

was captured from the wild;

(

e) by repealing clause (mm) and substituting the following:

(mm) "Regional Head of Wildlife Management" means the

individual appointed under the Public Service Act as the person who

supervises wildlife management in the administrative region of the Fish and

Wildlife Division of the Department that is applicable in the circumstances

of the matter in question;

(

f) by repealing clause (pp) and substituting the following:

(pp) "resource development certificate" means a resource

development certificate referred to in

section 32(1)(b);

(

g) by repealing clause (ccc).

3 In the following provisions "Regional Director" is struck out wherever

it occurs and "Regional Head of Wildlife Management" is substituted:

section 8(1);

section 78(1), (2)(b), (3) and (4);

section 83(

a) and (b).

Section 11 is amended by striking out "12" and substituting "13".

Section 12 is repealed.

Section 15(5) is amended by striking out "85%" wherever it occurs and

substituting "100%".

Section 20 is amended by striking out "stamp" wherever it occurs and

substituting "certificate".

Section 22 is amended

(

a) in subsection (1) by adding ", and a Hess band is automatically

approved for the purposes of this section" after "acquisition";

(

b) in subsection (2)

(

i) by adding "or" at the end of clause (a);

(ii) by repealing clauses (

b) and (

c) and substituting

the following:

(

b) a Hess band.

Section 29(1)(a)(iii) is amended by adding "and" at the end of

paragraph (

A) and by repealing paragraph (B).

Section 30 is amended

(

a) in subsection (1)(

b) by striking out "stamp" and substituting

"certificate";

(

b) in subsection (8) by striking out "a stamp" and substituting

"an approval";

(

c) in subsection (9) by striking out "stamp issued under

subsection (8) authorizes the licence and extension stamp" and substituting

"approval issued under subsection (8) authorizes the licence and extension

approval";

(

d) in subsection (10) by striking out "stamp" and substituting

"approval";

(

e) by adding the following after subsection (18):

(19) A recreational licence that authorizes the hunting of big game

held by a 12 or 13 year old person to whom

section 29(1)(a)(iii) applies

only authorizes that person to hunt big game with a bow and arrow.

Section 32(1)(

b) is amended

(

a) by striking out "stamp" and substituting "certificate";

(

b) by adding "wildlife" after "that".

Section 52 is amended by renumbering it as

section 52(1) and by adding

the following after subsection (1):

(2) All the provisions of the Act that apply with respect to

licences, except provisions that apply only with respect to recreational

licences, also apply with respect to big game guides' designations and bird

game guides' designations prescribed by subsection (1), if those provisions

have the potential so to apply.

Section 53(1) and (1.1) are amended by adding "(1)" after "52".

Section 65(1)(

c) is amended

(

a) in subclause (

i) by adding "or" after "band,";

(

b) by repealing subclause (ii);

(

c) in subclause (iii) by striking out "black leg" and substituting

"Hess".

Section 66(2) is amended by adding "to an individual who is a

resident" after "transferred".

Section 70(3) is repealed and the following is substituted:

(3) The holder of a falconry permit is not eligible to obtain or

hold an export permit in respect of a falconry bird

(

a) that does not bear a leg band, or

(

b) that bears a Hess band unless,

(

i) if the bird was collected from the wild

in Alberta, the export permit specifies that the bird is to be returned to

Alberta within 90 days after the date of issue of the export permit, or

(ii) the bird was collected from the wild

outside Alberta.

Section 71 is amended

(

a) in subsection (1) by striking out "subsection (2)" and

substituting "this section";

(

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

(1.1) An export permit that is issued to the holder of a falconry

permit to authorize the exportation of a falconry bird may, in addition to

authorizing that exportation, authorize the subsequent importation into

Alberta of the same bird on the condition that the importation occurs

within 90 days of that exportation.

Section 82(1) is amended by striking out "live wildlife and" and

substituting "wildlife and live".

Section 96(a)(

i) is amended by striking out "wildlife animals that are

endangered animals," and substituting "endangered animals that are treated

under

section 7 the same as non-game animals other than raven,".

Section 132 is amended

(

a) by renumbering it as

section 132(1);

(

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

(2) The report referred to in subsection (1) must include the

numbers and kinds of animals collected under the licence, the location

where each animal was collected, the date each animal was collected and any

other information respecting activities conducted by the licence holder

whose inclusion has been required by the Director of Wildlife.

Section 145(2) is repealed and the following is substituted:

(2) A person who, under the authority of a collection licence issued

to the holder of a falconry permit, collects a falconry bird that is to be

retained in captivity shall deliver the bird to an appointed officer not

later than 21 days after the collection, for the purpose of affixing a Hess

band on one of the bird's legs.

22 The following is added after

section 147:

Submission of fur dealer and taxidermy records

147.1(1) The holder of a fur dealer permit or of a taxidermy permit

shall, after the last day of each month and before the 5th day of the

following month, submit to the Service a complete copy of the records for

that first-mentioned month completed by that holder in accordance with

section 146 or 147, as the case may be.

(2) The records to be submitted under subsection (1) must be

submitted on a form supplied by the Minister or in another form that is

approved in writing by an appointed officer.

Section 148 is amended

(

a) by renumbering it as

section 148(1);

(

b) in subsection (1) by striking out that portion of it that

precedes clause (

a) and substituting the following:

Retention of recorded information

148(1) Subject to subsection (2), a person required to record

information under

section 146 or 147 shall retain the recorded information

or a copy of it,

(

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

(2) Subsection (1) no longer applies when the wildlife in question

is no longer possessed by the person required to retain the information and

2 years have elapsed since that wildlife was last possessed by that person.

24 The following is added in

Part 7 before the heading "Repeals"

preceding

section 152:

Resource development stamps issued in 2002

Document details

CollectionAlberta — Gazette
Citation0615 ii
Typegazette
Volume / chapter0615 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifier9c9b5611a5e4454575a273a46a45c5bc66c6bbc8

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