Alberta Regulation 1/2001

Workers' Compensation Act

WORKERS' COMPENSATION AMENDMENT REGULATION

Filed: January 3, 2001

Made by the Lieutenant Governor in Council (O.C. 492/2000) on December 20,

2000 pursuant to

section 147 of the Workers' Compensation Act.

1 The Workers' Compensation Regulation (AR 427/81) is amended by this

Regulation.

Section 1 is repealed and the following is substituted:

1(1) For the purposes of the Act and this Regulation, "net earnings"

of a worker means the worker's annual gross earnings to the nearest $100

less the total of

(

a) Employment Insurance contributions for those

earnings,

(

b) Canada Pension Plan contributions for those

earnings, and

(

c) probable amount of income tax deducted or withheld

for those earnings,

immediately preceding calendar year.

(2) For the purposes of subsection (1)(c), the amount deducted or

withheld is to be based only on the following tax credits:

(

a) tax credits based on 1.5 times the basic personal

amount;

(

b) tax credits for premiums paid under the Employment

Insurance Act (Canada) and the Canada Pension Plan (Canada).

Section 5 is repealed and the following is substituted:

5(1) The Board may approve, on the terms it directs, an application

to have the Act apply to an employer, a proprietor, a partner in a

partnership or a director of a corporation.

(2) An application under subsection (1) shall include

(

a) the name of the person for whom coverage is

desired,

(

b) the industry in which coverage is desired,

(

c) the amount of coverage purchased, being either

(

i) a stated sum for each person in an

amount not exceeding the current gross annual earnings set out in

section

51(4) of the Act and not less than the current yearly equivalent of gross

earnings required to entitle a worker to the compensation for permanent

total disability as set out in

section 51(6) of the Act, or

(ii) an amount deemed by the Board to be

representative of the applicant's gross annual earnings based on the

Board's determination of the annual gross earnings of similarly employed

workers (in this

section referred to as the "guaranteed coverage amount"),

and

(

d) any other information the Board directs.

(3) Where an application under subsection (1) is approved by the

Board, the person named in the application is a worker to whom the Act

applies while that worker is employed in the industry set out in the

application.

(4) Where an application under subsection (1) is approved by the

Board, an assessment shall be levied on the amount of coverage purchased.

(5) Where an application under subsection (1) is approved and the

worker has purchased coverage at the guaranteed coverage amount or a lesser

stated sum, compensation shall be based on the amount of coverage

purchased.

(6) Where an application under subsection (1) is approved and the

worker has purchased coverage at a stated sum greater than the guaranteed

coverage amount, compensation shall be based on the greater of

(

a) the guaranteed coverage amount, and

(

b) the actual earnings of that worker as determined by

the Board, to a maximum of the stated sum.

Alberta Regulation 2/2001

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: January 12, 2001

Made by the Minister of Environment (M.O. 01/2001) on January 8, 2001

pursuant to

section 95 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.

Section 68 is amended

(

a) in subsection (1) by striking out "Subject to subsection (2),

the" and substituting "The";

(

b) by repealing subsection (2).

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

Alberta Regulation 3/2001

School Act

DISPOSITION OF PROPERTY REGULATION

Filed: January 12, 2001

Made by the Minister of Learning and the Minister of Infrastructure (M.O.

042/2000) on December 4, 2000 pursuant to

section 188 of the School Act.

Table of Contents

Interpretation 1

Lease of real property 2

Method for sale of property 3

Sale of real property 4

Real property transfer to another board 5

Repeal 6

Expiry 7

Interpretation

1(1) In this Regulation,

(a) "Act" means the School Act;

(b) "Government contribution" means money provided by the

Government to a board for a school building project and includes all money

paid to a board from the former School Foundation Program Fund;

(c) "school day" means a day of school operation specified under

section 40 of the Act.

(2) A reference to "Minister" in a provision in this Regulation is to be

read as a reference either to the Minister of Learning or the Minister of

Infrastructure, depending on which Minister is designated as the Minister

for the purpose of the provision in an agreement between the Ministers.

Lease of real property

2(1) Notwithstanding

section 187(2) of the Act, a board may, without the

approval of the Minister,

(

a) lease any real property that is neither a school building nor a

portion of a school building, and

(

b) lease a school building or portion of it for use

(

i) at any time during which instruction is not

normally provided to students in that building or portion of it,

(ii) on a school day for a period not exceeding 7 days

during the time when instruction is normally provided to students in that

building or portion of it, or

(iii) at any time for a period exceeding 7 days during

the time when instruction is normally provided to students in that building

or portion of it.

(2) On leasing a school building or portion of it under subsection

(1)(b)(iii), the board shall

(

a) keep the lease agreement on file at the board's offices, and

(

b) provide to the Minister any information related to the leasing

of the school space that the Minister requires.

(3) When, in the opinion of the Minister, space is available in a school

building, the Minister may direct the board operating the school to make

that space available to another board.

Method for sale of property

3(1) A board may sell only in accordance with this

section any item of

real or personal property that has a value of more than $5000.

(2) Prior to selling the property, the board shall obtain 2 or more

current independent appraisals of the market value of the property.

(3) The sale must be conducted by tender or public auction.

(4) The board shall advertise the sale at least twice in a newspaper

circulating in the district or division prior to the sale.

(5) The board may only sell the property if

(

a) the bid or tender received is reasonable, in the opinion of the

board, having regard to the appraisals it received, and

(

b) in the case of real property, the Minister approves the sale

after the bid or tender is received.

(6) If the board selling the property obtains the approval of the

Minister, subsections (2) to (5) do not apply where the sale is to

(

a) another board,

(

b) a municipality,

(

c) a community association,

(

d) a charitable or non-profit organization,

(

e) the Crown in right of Canada or its agent, or

(

f) the Crown in right of Alberta or its agent.

(7) Subsections (3) to (5) do not apply to

(

a) a sale of a teacherage by a board, if the board selling the

teacherage obtains the prior approval of the Minister for a procedure for

selling the teacherage that is different than that set out in this section,

(

b) a sale of a property to which an agreement under

section 184(

b) of the Act applies, if the board selling its interest in the property

obtains the prior approval of the Minister for a procedure for selling the

property that is different than that set out in this section.

(8) If a board offers real property for sale in accordance with

subsections (3) to (5) but does not receive a reasonable bid or tender, the

board may, with the prior approval of the Minister, list the property with

a real estate agent.

Sale of real property

4(1) If a board sells real property,

(

a) the board must repay all the outstanding debt relating to that

real property, and

(

b) any proceeds remaining from the sale of the real property must

be divided into 2 amounts so that

(

i) one amount bears the same ratio to the remaining

proceeds as the Government contribution bears to the total amount of the

project for which that contribution was made, and

(ii) the other amount bears the same ratio to the

remaining proceeds as the contribution by the board bears to the total

amount of the project for which that board's contribution was made.

(2) The remaining proceeds referred to in subsection (1)(

b) that are

attributable

(

a) to the Government contribution under subsection (1)(b)(

i) are

to be retained by the board and, together with the interest earned, applied

only to the approved cost of a future school building project, and

(

b) to the board under subsection (1)(b)(ii) may be applied only to

a future capital expenditure.

Real property transfer to another board

5(1) If, with the approval of the Minister, a board agrees to transfer to

another board ownership of real property on which a school building is

located or is directed to transfer it by the Minister under

section 187(3)

of the Act,

(

a) the amount payable to the transferring board must bear the same

ratio to the appraised value of the property as the contribution by the

transferring board bears to the total amount of the project for which that

board's contribution was made, and

(

b) it is not necessary for the transferring board to repay any

outstanding debt on the school building.

(2) The amount payable under subsection (1)(

a) is to be paid by the

Government but if the board that is receiving the real property has any

school building capital reserves, those reserves must be used to pay the

amount payable under subsection (1)(

a) and the shortfall, if any, is to be

paid by the Government.

Repeal

6 The Disposition of Property Regulation (AR 69/89) is repealed.

Expiry

7 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 January 31, 2004.