Alberta Gazette — 15 August 2011 (Part II)

15 August 2011

Alberta — Gazette

Alberta Gazette — 15 August 2011 (Part II)

15 August 2011

Alberta — Gazette

Alberta Regulation 153/2011

Marketing of Agricultural Products Act

BISON PRODUCERS OF ALBERTA MARKETING

AMENDMENT REGULATION

Filed: July 18, 2011

For information only: Made by the Bison Producers of Alberta on May 25, 2011 and

approved by the Agricultural Products Marketing Council pursuant to

section 26 of

the Marketing of Agricultural Products Act.

1 The Bison Producers of Alberta Marketing Regulation

(AR 188/2000) is amended by this Regulation.

2 The title is repealed and the following is substituted:

BISON PRODUCERS OF ALBERTA

COMMISSION REGULATION

Section 1(1) is amended by adding the following after

clause (a):

(a.1) "custom kill" means the processing by a processor, on a fee

for service basis, of bison that are owned by a person other

than the processor;

Section 4 is amended

(

a) by repealing subsection (1) and substituting the

following:

Service charge under s2(1)

4(1) With respect to the service charge referred to in

section

2(1), the producer must pay the service charge to the

Commission.

(

b) by repealing subsection (3).

Section 4.1(1) is repealed and the following is

substituted:

Service charge under s2(2)

4.1(1) With respect to the service charge referred to in

section 2(2),

the producer must pay the service charge to the Commission.

Section 4.2(1)(

b) is repealed and the following is

substituted:

(

b) forward the amount deductible to the Commission.

Section 4.3 is repealed and the following is substituted:

Deduction by dealers, processors and auction markets

4.3(1) Where a dealer, processor or auction market receives bison

or is engaged in a purchase or sale of bison, the dealer, processor or

auction market must

(

a) deduct the amount of the service charge from the money

payable to the producer, and

(

b) forward the amount deducted to the Commission.

(2) If the dealer, processor or auction mart fails to deduct and

forward the service charge to the Commission in accordance with

subsection (1), the dealer, processor or auction mart is liable to the

Commission for the amount of the service charge.

8 The following is added after

section 4.3:

Accountability of service charges

4.4(1) A person who deducts or is liable for the service charge shall

(

a) account for the service charge in the form prescribed by the

Commission, and

(

b) forward the service charge and the information required by

the Commission within the times specified in subsection (2).

(2) The service charge and information referred to in subsection

(1) must be provided to the Commission as follows:

(

a) for service charges collected for the months of January,

February and March, by the end of April of that same year;

(

b) for service charges collected for the months of April, May

and June, by the end of July of that same year;

(

c) for service charges collected for the months of July, August

and September, by the end of October of the same year;

(

d) for service charges collected for the months of October,

November and December, by the end of January in the year

following the year the service charges were collected.

Section 5(3) is repealed and the following is substituted:

(3) Requests for refunds must be received by the Commission at its

office prior to the end of the 2nd month following the last month in

which the service charge was collected as specified in

section 4.4.

Section 6 is amended by adding the following after

subsection (2):

(3) A dealer, including a processor and an auction market, shall, in

addition to meeting the requirements of subsections (1) and (2),

(

a) complete the declaration form prescribed in

Schedule 1, and

(

b) forward the declaration form to the Commission within the

time specified in that declaration.

(4) A custom kill operator shall, in addition to meeting the

requirements of subsections (1) and (2),

(

a) complete the declaration form prescribed in

Schedule 2, and

(

b) forward the declaration form to the Commission within the

time specified in that declaration.

Section 11 is amended by striking out "September 30,

2011" and substituting "September 30, 2016".

12 The following is added after

section 11:

Schedule 1

Declaration of Information Required

to be Provided by a Dealer of

Bison and Bison Products

Name of Dealer: _______________

Address of Dealer:________________

This declaration must be submitted to the Commission within the

following times:

(

a) by April 30 for the quarter January 1 to March 31;

(

b) by July 31 for the quarter April 1 to June 30;

(

c) by October 31 for the quarter July 1 to September 30;

(

d) by January 31 of the year following the quarter October 1 to

December 31 of the previous year.

Quarter Being Reported

Number of Bison

Slaughtered or Processed

(details to be provided in

the following table)

Amount of

Service Charge

Remitted ($3 per

head)

January 1 to March 31

April 1 to June 30

July 1 to September 30

October 1 to December 31

Date of Slaughter

or Processing

Producer Name

Producer Address

Number of Bison

Signature of Dealer (or Representative): ___________

Date signed:______________

Please make cheques payable to the "Bison Producers of Alberta" and

return to: #114, 501 - 11 Avenue

Nisku, AB, T9E 7N5

Schedule 2

Declaration Regarding Custom Kill

1 On (date) , (number) of bison were custom killed for (producer's

name and address) .

2 Service charges in the amount of (dollar amount) are enclosed with

this declaration.

Dealer/Processor Name:________

Date of Processing:_________

This declaration must be submitted to the Commission within the

following times:

(

a) by April 30 for each custom kill activity that occurred

between January 1 and March 31;

(

b) by July 31 for each custom kill activity that occurred between

April 1 and June 30;

(

c) by October 31 for each custom kill activity that occurred

between July 1 and September 30;

(

d) by January 31 of the year following each custom kill activity

that occurred between October 1 and December 31.

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

Alberta Regulation 154/2011

Child Care Licensing Act

CHILD CARE LICENSING AMENDMENT REGULATION

Filed: July 18, 2011

For information only: Made by the Minister of Children and Youth Services

(M.O. 2011-19) on July 5, 2011 pursuant to

section 27 of the Child Care Licensing

Act.

1 The Child Care Licensing Regulation (AR 143/2008) is

amended by this Regulation.

Schedule 1 is amended by repealing

section 8 and

substituting the following:

Potential health risk

8(1) Subject to subsection (3), where a staff member knows or has

reason to believe that a child is exhibiting signs or symptoms of

illness as set out in subsection (2), the licence holder must ensure

(

a) that the child's parent arranges for the immediate removal of

the child from the program premises, and

(

b) that the child does not return to the program premises until

the licence holder is satisfied that the child no longer poses a

health risk to persons on the program premises.

(2) Signs or symptoms of illness exhibited by a child include the

child

(

a) vomiting, having a fever, diarrhea or a new or unexplained

rash or cough,

(

b) requiring greater care and attention than can be provided

without compromising the care of the other children in the

program, or

(

c) having or displaying any other illness or symptom the staff

member knows or believes may indicate that the child poses

a health risk to persons on the program premises.

(3) Subsection (1) does not apply if the child's parent provides

written notice from a physician indicating the child does not pose a

health risk to persons on the program premises.

Schedule 2 is amended by repealing

section 8 and

substituting the following:

Potential health risk

8(1) Subject to subsection (3), where the licence holder or other

care provider knows or has reason to believe that a child is

exhibiting signs or symptoms of illness as set out in subsection (2),

the licence holder must ensure

(

a) that the child's parent arranges for the immediate removal of

the child from the program premises, and

(

b) that the child does not return to the program premises until

the licence holder is satisfied that the child no longer poses a

health risk to persons on the program premises.

(2) Signs or symptoms of illness exhibited by a child include the

child

(

a) vomiting, having a fever, diarrhea or a new or unexplained

rash or cough,

(

b) requiring greater care and attention than can be provided

without compromising the care of the other children in the

program, or

(

c) having or displaying any other illness or symptom the licence

holder or other care provider knows or believes may indicate

that the child poses a health risk to persons on the program

premises.

(3) Subsection (1) does not apply if the child's parent provides

written notice from a physician indicating the child does not pose a

health risk to persons on the program premises.

4 Schedules 4 and 5 are amended by repealing

section 8

and substituting the following:

Potential health risk

8(1) Subject to subsection (3), where a staff member knows or has

reason to believe that a child is exhibiting signs or symptoms of

illness as set out in subsection (2), the licence holder must ensure

(

a) that the child's parent arranges for the immediate removal of

the child from the program premises, and

(

b) that the child does not return to the program premises until

the licence holder is satisfied that the child no longer poses a

health risk to persons on the program premises.

(2) Signs or symptoms of illness exhibited by a child include the

child

(

a) vomiting, having a fever, diarrhea or a new or unexplained

rash or cough,

(

b) requiring greater care and attention than can be provided

without compromising the care of the other children in the

program, or

(

c) having or displaying any other illness or symptom the staff

member knows or believes may indicate that the child poses

a health risk to persons on the program premises.

(3) Subsection (1) does not apply if the child's parent provides

written notice from a physician indicating the child does not pose a

health risk to persons on the program premises.

5 This Regulation comes into force on September 1, 2011.

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

Alberta Regulation 155/2011

Persons with Developmental Disabilities Community Governance Act

PERSONS WITH DEVELOPMENTAL DISABILITIES COMMUNITY

GOVERNANCE (MINISTERIAL) AMENDMENT REGULATION

Filed: July 18, 2011

For information only: Made by the Minister of Seniors and Community Supports

(M.O. 017/2011) on July 6, 2011 pursuant to

section 23(2) of the Persons with

Developmental Disabilities Community Governance Act.

1 The Persons with Developmental Disabilities Community

Governance (Ministerial) Regulation (AR 181/2006) is

amended by this Regulation.

Section 8 is amended by striking out "September 30, 2011"

and substituting "September 30, 2015".

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

Alberta Regulation 156/2011

Marketing of Agricultural Products Act

HOG REGISTRATION, LICENSING AND UNIVERSAL SERVICE

CHARGE AMENDMENT REGULATION

Filed: July 19, 2011

For information only: Made by the Alberta Pork Producers' Development

Corporation and approved by the Agricultural Products Marketing Council on June

16, 2011 pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Hog Registration, Licensing and Universal Service

Charge Regulation (AR 285/96) is amended by this

Regulation.

2 The title of the Regulation is repealed and the following

is substituted:

ALBERTA PORK PRODUCERS'

COMMISSION REGULATION

3 The following is added after

section 18:

Service charges refundable

18.1(1) A producer or an investor producer may request a refund of

service charges by submitting the following information on the form

established by the Corporation:

(

a) the producer's or investor producer's name;

(

b) the producer's or investor producer's mailing address and

telephone number;

(

c) the producer's or investor producer's registration number;

(

d) proof of the quantity of hogs sold;

(

e) the name and address of any processor who collected the

service charge on behalf of the producer or investor

producer;

(

f) the amount of the refund requested.

(2) Requests for refunds of service charges must be received by the

Corporation at its head office

(

a) prior to May 31, 2011, in respect of service charges collected

during the period commencing on September 1, 2010 and

ending on April 30, 2011,

(

b) prior to May 31, 2012, in respect of service charges collected

during the period commencing on May 1, 2011 and ending

on April 30, 2012, and

(

c) after April 30, 2012, prior to May 31 in any year in respect of

service charges collected during the period commencing on

May 1 in the previous year and ending on April 30 in that

year.

(3) The Corporation is not required to consider any request for a

refund that is not received by the Corporation within the relevant

time period specified in subsection (2) and the producer or investor

producer is not entitled to the refund in respect of which the request

was made.

(4) Notwithstanding subsection (3), the Corporation may, if it is

satisfied that extenuating circumstances exist to warrant its doing so,

consider a request for a refund that is received after the expiry of the

relevant time period specified in subsection (2).

(5) On receipt of a request that meets the requirements of this

section, the Corporation shall refund the service charges to the

producer or investor producer

(

a) within 120 days after the expiry of the relevant time period

specified in subsection (2), or

(

b) where the request was received after the expiry of the

relevant time period specified in subsection (2) but has been

considered by the Corporation under subsection (4), within

120 days after the receipt of the request.

(6) This

section applies to service charges during the 2010-11 fiscal

year and subsequent fiscal years.

Alberta Regulation 157/2011

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN (2011 CONTRIBUTION RATE

INCREASE) AMENDMENT REGULATION

Filed: July 19, 2011

For information only: Made by the Public Service Pension Board on July 12, 2011

pursuant to

Schedule 2,

section 5(2) of the Public Service Pension Plans Act.

1 The Public Service Pension Plan (AR 368/93) is amended

by this Regulation.

Section 13(1) is amended

(

a) in clause (

a) by striking out "9.10%" and

substituting "9.9%";

(

b) in clause (

b) by striking out "13.00%" and

substituting "14.14%".

Section 15(1) is amended

(

a) in clause (

a) by striking out "9.10%" and

substituting "9.9%";

(

b) in clause (

b) by striking out "13.00%" and

substituting "14.14%".

4 This Regulation comes into force on January 1, 2012.

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

Alberta Regulation 158/2011

Public Health Act

HOUSING AMENDMENT REGULATION

Filed: July 21, 2011

For information only: Made by the Minister of Health and Wellness (M.O. 116/2011)

on July 20, 2011 pursuant to

section 66 of the Public Health Act.

1 The Housing Regulation (AR 173/99) is amended by this

Regulation.

Section 7 is amended by striking out "August 31, 2011"

and substituting "August 31, 2012".

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

Alberta Regulation 159/2011

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION PLANS

(RE-EMPLOYMENT OF PENSIONERS) AMENDMENT REGULATION

Filed: July 26, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 344/2011)

on July 26, 2011 pursuant to

section 14 of the Teachers' Pension Plans Act.

1 The Teachers' and Private School Teachers' Pension

Plans (AR 203/95) are amended by this Regulation.

Schedule 1 is amended by repealing

section 56(1) and

substituting the following:

Pension off-set on re-employment

56(1) Notwithstanding anything in this Part but subject to

subsection (2), where

(

a) a pensioner is engaged to work other than on a substitute

service basis for an employer or an employer under the

Related Plan, and

(

b) the resulting service, calculated under

section 20 of this Plan

or of the Related Plan, as the case may be, as if the pensioner

were a contributing active member and the service were

pensionable service, aggregates more than 6/10 of a year

within any one fiscal year,

the pension payable for the month in which that 6/10 limit is reached

in that fiscal year is to be reduced dollar for dollar (without creating

any negative balance) by the amount of all that month's pensionable

salary paid for service performed after that 6/10 limit is reached, and

the pension payable for each subsequent month in that fiscal year is

to be similarly reduced by that month's pensionable salary paid.

3 This Regulation comes into force on September 1, 2011.

Alberta Regulation 160/2011

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS' PLAN AMENDMENT REGULATION

Filed: July 26, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 345/2011)

on July 26, 2011 pursuant to

section 23 of the Marketing of Agricultural Products

Act.

1 The Alberta Chicken Producers' Plan Regulation

(AR 70/93) is amended by this Regulation.

Section 17 is amended

(

a) in subsection (2) by striking out "6 consecutive years"

wherever it occurs and substituting "9 consecutive

years";

(

b) by repealing subsections (3) and (4).

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

Alberta Regulation 161/2011

Marketing of Agricultural Products Act

ALBERTA PULSE GROWERS MARKETING PLAN

AMENDMENT REGULATION

Filed: July 26, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 346/2011)

on July 26, 2011 pursuant to

section 23 of the Marketing of Agricultural Products

Act.

1 The Alberta Pulse Growers Marketing Plan Regulation

(AR 120/99) is amended by this Regulation.

Section 1(

i) is repealed and the following is substituted:

(i) "dealer" means a person purchasing or acquiring regulated

product from a producer and includes, but is not limited to,

(

i) elevator companies, grain companies, grain dealers,

grain brokers, processors, feed manufacturers and

livestock feeders, and

(ii) persons who acquire regulated product from the

producer for sale on the producer's behalf;

Alberta Regulation 162/2011

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

GENERAL AMENDMENT REGULATION

Filed: July 26, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 347/2011)

on July 26, 2011 pursuant to

section 12 of the Assured Income for the Severely

Handicapped Act.

1 The Assured Income for the Severely Handicapped

General Regulation (AR 91/2007) is amended by this

Regulation.

Section 1 is amended in subsection (2)(a)

(

a) in subclause (i)(

B) by striking out "described" and

substituting "defined";

(

b) by repealing subclause (ii) and substituting the

following:

(ii) is financially interdependent and has a relationship

described in subclause (i)(A), (

B) or (

C) except that the

persons are not residing together;

Section 9(1) is amended by adding "or a personal benefit"

after "health benefit".

Section 16 is amended by striking out "September 30, 2011"

and substituting "September 30, 2016".

Schedule 1 is amended in

section 1

(

a) in subsection (2)

(

i) by repealing clause (

a) and substituting the

following:

(

a) if the income is employment income,

(

i) the deductions allowable under the Income

Tax Act (Canada) for

(

A) income tax,

(

B) Canada Pension Plan premiums,

(

C) employment insurance premiums,

(

D) union, professional and like dues, and

(

E) other employment expenses,

and

(ii) any deductions required by an employer as a

condition of the employment;

(ii) by repealing clause (

d) and substituting the

following:

(

d) if the income is tax-exempt employment income of

a treaty Indian,

(

i) the deductions that would have been

allowable under clause (a)(i), had the income

been taxable, and

(ii) any deductions allowable under clause (a)(ii);

(

e) if the income is tax-exempt self-employment

income of a treaty Indian, the deductions that

would have been allowable under clause (b), had

the income been taxable.

(

b) by repealing subsection (3) and substituting the

following:

(3) Despite subsection (2), a director is not required to deduct

the following under that subsection:

(

a) any amount referred to in subsection (2)(a)(i), (b), (c),

(d)(

i) or (

e) that, in the director's opinion, would not be

allowed under the Income Tax Act (Canada) or that

artificially reduces net income;

(

b) any amount referred to in subsection (2)(a)(ii) or (d)(ii)

that the director is not satisfied is being deducted as a

condition of the employment.

Schedule 3 is amended

(

a) in

section 2(1)(

c) by striking out "the Alberta Alcohol

and Drug Abuse Commission" and substituting "Alberta

Health Services";

(

b) in

section 7 by striking out "the Alberta Alcohol and

Drug Abuse Commission" and substituting "Alberta

Health Services".

Section 5 comes into force on October 1, 2011.

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

Alberta Regulation 163/2011

Post-secondary Learning Act

ATHABASCA UNIVERSITY AMENDMENT REGULATION

Filed: July 26, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 359/2011)

on July 26, 2011 pursuant to

section 34 of the Post-secondary Learning Act.

1 The Athabasca University Regulation (AR 50/2004) is

amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (a);

(

b) by repealing clause (

d) and substituting the

following:

(d) "board" means The Governors of Athabasca University;

(

c) in clause (

f) by striking out "governing council" and

substituting "board".

3 The heading preceding

section 2 is repealed and the

following is substituted:

The Governors of Athabasca University

Section 2 is repealed and the following is substituted:

Board

2 The corporation formerly named "The Athabasca University

Governing Council" is continued as the board of Athabasca

University under the name "The Governors of Athabasca

University".

Section 3 is amended

(

a) by striking out "governing council" wherever it occurs

and substituting "board";

(

b) in subsection (1)

(

i) in clause (c)(

i) by striking out "academic council"

and substituting "general faculties council";

(ii) in clause (c)(

v) by striking out "The Graduate

Students Association of Athabasca University" and

substituting "the council of the graduate students

association".

Section 4 is amended by striking out "governing council"

wherever it occurs and substituting "board".

Section 5 is amended by striking out "governing council"

wherever it occurs and substituting "board".

Section 6 is amended by striking out "governing council"

and substituting "board".

Section 7 is amended by striking out "governing council"

and substituting "board".

Section 8 is amended by striking out "23 to 25, 27, 28,

29(2), 30(a), 56 and 57" and substituting "23, 56 and 57".

11 The heading preceding

section 9 is repealed and the

following is substituted:

The Athabasca University General Faculties Council

Section 9 is repealed and the following is substituted:

General faculties council

9 A body with the name "The Athabasca University General

Faculties Council" is established pursuant to

section 34 of the Act.

Section 10 is repealed and the following is substituted:

Composition

10(1) The general faculties council consists of the following

members:

(

a) the president of Athabasca University, who is the chair;

(

b) the vice-presidents of Athabasca University;

(

c) the dean of each faculty;

(

d) the director of each school;

(

e) the chief librarian;

(

f) the director of extension or, if there is none, the officer

performing comparable functions;

(

g) the registrar;

(

h) the members elected in accordance with

section 24 of the

Act;

(i) 2 students nominated by the council of the students

association;

(

j) one graduate student nominated by the council of the

graduate students association;

(

k) one tutor nominated by the organization representing tutors;

(l) 2 members, each nominated by the non-academic staff;

(

m) the members appointed in accordance with

section 25 of the

Act.

(2) A person who is serving in a position substantially similar to a

position referred to in subsection (1)(

i) to (

l) on the coming into

force of this

section continues to hold office as a member of the

general faculties council until the member's term expires and may be

reappointed in accordance with the Act.

14 Sections 11 and 12 are repealed.

Section 13 is amended by striking out "academic council"

and substituting "general faculties council".

Section 14 is repealed.

Section 16 is amended by striking out "January 31, 2013"

and substituting "January 31, 2021".

18 This Regulation comes into force on October 1, 2011.

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

Alberta Regulation 164/2011

School Act

HOME EDUCATION AMENDMENT REGULATION

Filed: July 27, 2011

For information only: Made by the Minister of Education (M.O. 023/2011) on July

26, 2011 pursuant to

section 29 of the School Act.

1 The Home Education Regulation (AR 145/2006) is

amended by this Regulation.

Section 11 is amended by striking out "July 31, 2011" and

substituting "August 31, 2013".

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

Alberta Regulation 165/2011

Municipal Government Act

CITY OF CALGARY DEBT SERVICE LIMIT EXCEPTION REGULATION

Filed: July 29, 2011

For information only: Made by the Minister of Municipal Affairs (M.O. L:124/11)

on July 25, 2011 pursuant to

section 271 of the Municipal Government Act.

Definitions

1 In this Regulation,

(a) "Debt Limit Regulation" means the Debt Limit Regulation

(AR 255/2000) made under the Municipal Government Act;

(b) "total debt" means total debt as determined in

section 4 of the

Debt Limit Regulation.

Debt service limit

2(1) Despite

section 5 of the Debt Limit Regulation, the determination

of the debt limit in respect of the debt service of the City of Calgary

under the Debt Limit Regulation shall not take into account a

borrowing that

(

a) is related to a project approved under

Schedule 7 to the

Municipal Affairs Grants Regulation (AR 123/2000), and

(

b) does not require the repayment of any principal before

December 31, 2016.

(2) For greater certainty, under the Debt Limit Regulation,

(

a) the determination of the total debt of the City of Calgary, and

(

b) the calculation of the debt limit in respect of the total debt of

the City of Calgary

shall take into account a borrowing referred to in subsection (1).

Expiry

3 This Regulation expires on December 31, 2016.

Document details

CollectionAlberta — Gazette
Citation15 August 2011
Typegazette
Volume / chapter15 Aug15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifier9eb7651fa4f2dd7bef8b494c41874316c6e427a7

Source file is stored in the law ingest library (html).