Alberta Gazette — 15 January (ii)
0115 ii
Alberta — Gazette
Alberta Regulation 380/2003
Income and Employment Supports Act
TEMPORARY EMPLOYMENT AND JOB
CREATION PROGRAMS REGULATION
Filed: December 17, 2003
Made by the Lieutenant Governor in Council (O.C. 587/2003) on December 17,
2003 pursuant to
section 27 of the Income and Employment Supports Act.
Table of Contents
Definitions 1
Employers 2
Programs 3
Repeal 4
Expiry 5
Coming into force 6
Definitions
1 In this Regulation,
(a) "Act" means the Income and Employment Supports Act;
(b) "non-profit organization" means an organization
(
i) incorporated under the Societies Act,
(ii) registered under
Part 9 of the Companies Act,
(iii) formed under the Agricultural Societies Act,
(iv) formed under the Cemetery Companies Act,
(
v) registered under
Part 21 of the Business
Corporations Act if the extra-provincial corporation does not carry on
business for the purpose of gain, or
(vi) incorporated by a private Act of the Parliament of
Canada or of the Legislature if the corporation
(
A) does not pay dividends to its
shareholders or any part of its income to any member for that member's
personal benefit, and
(
B) does not distribute property to its
shareholders or members on its winding-up or dissolution.
Employers
2 The following are employers for the purposes of the
section 27(1)(
a) of
the Act:
(
a) the Government of Alberta or an agent for all purposes of the
Government of Alberta;
(
b) a municipality;
(
c) an Indian band under the Indian Act (Canada);
(
d) a Metis settlement;
(
e) a school jurisdiction under the School Act;
(
f) a municipal library system or community board under the
Libraries Act;
(
g) a nursing home under the Nursing Homes Act operating as a
society under the Societies Act;
(
h) the Board of Trustees of the Alberta Blue Cross Plan under the
ABC Benefits Corporation Act;
(
i) an authority under the Regional Airports Authorities Act;
(
j) a board under the Universities Act;
(
k) a college board or a board of a private college under the
Colleges Act;
(
l) a board under the Technical Institutes Act;
(
m) the board under the Banff Centre Act;
(
n) a non-profit organization;
(
o) a regional health authority, community health council or
provincial health board under the Regional Health Authorities Act;
(
p) an existing non-regional health authority referred to in
section 1(
c) of the Regional Health Authorities Act;
(
q) the Alberta Cancer Board under the Cancer Programs Act.
Programs
3 For the purposes of
Part 4 of the Act, the following are prescribed as
"job training programs" and "temporary job creation programs":
(
a) Work Foundations Program;
(
b) Training for Work/Job Skills Training;
(
c) Alberta Job Corps Program;
(
d) Student Temporary Employment Program.
Repeal
4 The Student and Temporary Employment Regulation (AR 52/99) is repealed.
Expiry
5 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2010.
Coming into force
6 This Regulation comes into force on January 1, 2004.
------------------------------
Alberta Regulation 381/2003
Income and Employment Supports Act
RECOVERY, ADMINISTRATIVE PENALTIES AND
APPEALS REGULATION
Filed: December 17, 2003
Made by the Lieutenant Governor in Council (O.C. 588/2003) on December 17,
2003 pursuant to sections 42 and 48 of the Income and Employment Supports
Act.
Table of Contents
Definition 1
Notices 2
Debts due - sponsors 3
Administrative penalties
Administrative penalties 4
Appeal of administrative penalty 5
Appeals
No appeals from certain decisions of the Director 6
Appointment to appeal panel 7
Health Benefits Review Committee 8
Part 2, Division 5 Review Committee 9
Expiry 10
Coming into force 11
Definition
1 In this Regulation, "Act" means the Income and Employment Supports Act.
Notices
2(1) A notice under
section 25(2) of the Act that an amount is required to
be paid by a training provider
(
a) must be in writing, and
(
b) must indicate that the right to appeal must be exercised within
30 days of the date of receipt of the notice.
(2) A notice under
section 35(5) of the Act that a repayment is required
(
a) must be in writing, and
(
b) must indicate that the right to appeal must be exercised within
30 days of the date of receipt of the notice.
(3) A notice under
section 36(3) of the Act that a repayment is required
from the financial administrator or third party
(
a) must be in writing, and
(
b) must indicate that the right to appeal must be exercised within
30 days of the date of receipt of the notice.
(4) A notice under
section 37(2) of the Act of an amount payable
(
a) must be in writing, and
(
b) must indicate that the right to appeal must be exercised within
30 days of the date of receipt of the notice.
(5) A notice under
section 38(5) must be in writing.
(6) A notice given under this
section may be
(
a) served personally on the person, or
(
b) sent by ordinary mail to the address of the person according to
the records of the Director.
Debts due - sponsors
3(1) A sponsor who owes an amount payable to the Government pursuant to
subsection 145(2) of the Immigration and Refugee Protection Act (Canada)
may appeal the requirement to pay to an appeal panel under
section 43 of
the Act.
(2) The appeal must be brought within 30 days from when the sponsor
received notice of the requirement to pay under
section 37(2).
Administrative Penalties
Administrative penalties
4(1) For the purposes of
section 24(1)(
a) of the Act, an administrative
penalty is payable in respect of a contravention of the following:
(
a) sections 21 and 23(3) of the Act, and
(
b) sections 4, 5 and 9 of the Training Provider Regulation.
(2) The notice to a training provider to pay an administrative penalty
must be given in writing and must contain the following information:
(
a) the name of the training provider required to pay the
administrative penalty;
(
b) particulars of the contravention;
(
c) the amount of the administrative penalty and the date by which
it must be paid;
(
d) a statement of the right to appeal.
(3) A notice given under this
section may be
(
a) served personally on the training provider,
(
b) sent by ordinary mail to the address of the training provider
according to the records of the Director, or
(
c) sent by electronic means to the training provider.
(4) Subject to
section 24(4)(
c) of the Act and subsection (5) of this
Regulation, the amount of an administrative penalty for each day that the
contravention occurs or continues is $1000.
(5) In a particular case, the Director may, subject to
section 24(4)(
c) of
the Act, increase or decrease the amount of the administrative penalty
referred to in subsection (4) on considering the following factors:
(
a) the degree of wilfulness in the contravention;
(
b) whether or not there was any mitigating circumstances relating
to the contravention;
(
c) whether or not steps have been taken to prevent reoccurrence of
the contravention;
(
d) whether or not the person who receives the notice of
administrative penalty has a history of non-compliance;
(
e) whether or not the person who receives the notice of
administrative penalty has derived any economic benefit from the
contravention.
Appeal of administrative penalty
5(1) A training provider may appeal the director's decision to impose an
administrative penalty or any other decision of the Director that gives
rise to a debt under
section 25(1) of the Act by serving the Minister with
a notice of appeal within 30 days of being notified under
section 25(2) of
the Act.
(2) The Minister must, within 30 days of being served with a notice of
appeal, appoint a committee to hear the appeal.
(3) The committee, after reviewing the Director's decision, may confirm,
vary or reverse the decision.
(4) The decision of the committee is final.
Appeals
No appeals from certain decisions of the Director
6 Decisions of the Director that may not be appealed to an appeal panel
under
section 47 of the Act are as follows:
(
a) decisions to pay health benefits under
section 21(2) of the
Income Supports Health and Training Benefits Regulation;
(
b) eligibility or continuing eligibility for or the amount or
value of assistance provided under
Part 2, Division 4 of the Act;
(
c) provision of employment and training benefits under the
Employment and Training Benefits for Persons with Disabilities Regulation;
(
d) decisions referred to in
section 5(1).
Appointment to appeal panel
7(1) An initial appointment to the appeal panel under
section 47 of the
Act is for one year.
(2) A person may be appointed for additional consecutive terms of 3 years.
(3) Subject to subsection (4), the cumulative periods of appointment must
not exceed 10 years.
(4) If, in the opinion of the Minister, it is necessary for the effective
operation of the panel, the Minister may appoint a person for one
additional term of 3 years.
Health Benefits Review Committee
8(1) The Minister shall appoint a Health Benefits Review Committee
consisting of 3 employees of the Department of Human Resources and
Employment.
(2) The Review Committee may review decisions referred to in
section 6(
a) at the written request of an applicant.
(3) The request must be made within 30 days of the date a person is
notified of the decision.
(4) Any one of the members may review the decision.
(5) The decision of the Committee or a member of the Committee is final.
Part 2, Division 5 Review Committee
9(1) The Minister shall appoint a review committee consisting of 3
employees of the Government for the purpose of reviewing decisions made
under the Employment and Training Benefits for Persons with Disabilities
Regulation, except sections 4 and 5.
(2) An applicant or recipient affected by a decision referred to in
section (1) may request the review committee to review the decision.
(3) The request must be made within 30 days of the date the applicant or
recipient is notified of the decision.
(4) The decision of the review committee is final.
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 March 31, 2010.
Coming into force
11(1) Sections 1, 2(2) to (5) and 3 come into force on the day
Part 6 of
the Income and Employment Supports Act comes into force.
(2) Sections 2(1), 4 and 5 come into force on the day
Part 3 of the Income
and Employment Supports Act comes into force.
(3) Sections 6 to 9 come into force on the day
Part 7 of the Income and
Employment Supports Act comes into force.
Alberta Regulation 382/2003
Insurance Act
FAIR PRACTICES REGULATION
Filed: December 17, 2003
Made by the Lieutenant Governor in Council (O.C. 591/2003) on December 17,
2003 pursuant to
section 511 of the Insurance Act.
Table of Contents
Definition 1
Prohibited practices 2
Notice of refusal, termination, change 3
Expiry 4
Related amendment 5
Definition
1 In this Regulation, "contract" means a contract of automobile
insurance.
Prohibited practices
2(1) An insurer shall not, on or after this Regulation comes into force,
(
a) refuse to issue a contract,
(
b) refuse to renew a contract entered into before, on or after
this Regulation comes into force,
(
c) terminate a contract entered into before, on or after this
Regulation comes into force, or
(
d) refuse to provide or continue any coverage or endorsement in
respect of a contract entered into before, on or after this Regulation
comes into force
solely on any one or more of the grounds set out in subsection (3).
(2) An insurance agent or an insurance broker shall not submit an
application for automobile insurance to a servicing carrier of the Facility
Association solely on any one or more of the grounds referred to in
subsection (3).
(3) The grounds for the purposes of subsections (1) and (2) are as
follows:
(
a) the age of the insured, the applicant or any other person who
is or would be an insured under the contract;
(
b) the gender or marital status of the insured, the applicant or
any other person who is or would be an insured under the contract;
(
c) an individual living in the insured's household holds a valid
driver's licence but does not drive or will not be driving the insured's
vehicle;
(
d) the age of the vehicle that is or would be described in the
contract, unless the vehicle
(
i) is an antique motor vehicle as defined in the
Operator Licensing and Vehicle Control Regulation (AR 320/2002), or
(ii) has been substantially modified for enhanced
performance;
(
e) whether the insured, the applicant or any other person who is
or would be an insured under the contract
(
i) is or has been insured by the Facility Association,
(ii) has been refused insurance or refused a renewal of
insurance by an insurer,
(iii) has made a claim under a policy of automobile
insurance as a result of an incident for which the insured, applicant or
other person was not at fault,
(iv) has an unsatisfactory claims record, if the claims
record includes a claim resulting from an incident for which the insured,
applicant or other person was not at fault,
(
v) failed to make a payment to an insurer, other than
the first payment of a periodic payment plan, unless the payment was made
more than 30 days after the date on which it was due,
(vi) had a lapse in coverage under a contract for less
than 24 months, unless the lapse resulted directly or indirectly from the
suspension of the driver's licence of the insured, applicant or other
person, or
(vii) possesses a characteristic that is unrelated to the
underwriting of the risk covered by the contract;
(
f) the credit rating of the insured, the applicant or any other
person under the contract.
Notice of refusal, termination, change
3 An insurer who, on or after this Regulation comes into force,
(
a) refuses to issue a contract,
(
b) refuses to renew a contract entered into before, on or after
this Regulation comes into force,
(
c) terminates a contract entered into before, on or after this
Regulation comes into force,
(
d) refuses to provide or continue any coverage or endorsement in
respect of a contract entered into before, on or after this Regulation
comes into force, or
(
e) changes the classification of risk assumed under a contract of
automobile insurance, if the change results in an increased premium,
must provide the insured or the applicant with notice of the refusal,
termination or change together with clear written reasons that are
sufficient to permit the insured or the applicant to determine why the
insurer acted as it did without the need to refer to any other information.
Expiry
4 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 May 1, 2006.
Related amendment
5(1) The Enforcement and Administration Regulation (AR 129/2001) is
amended by this section.
(2) The
Schedule is amended by adding the following after
section 4:
5 Fair Practices Regulation
- sections 2 and 3.
------------------------------
Alberta Regulation 383/2003
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)
(MATRIMONIAL RELATIONSHIP BREAKDOWN)
AMENDMENT REGULATION
Filed: December 17, 2003
Made by the Lieutenant Governor in Council (O.C. 593/2003) on December 17,
2003 pursuant to
section 6; Schedules 1, 2, 4, 5 and 6,
section 12;
Schedules 1, 2, 4 and 5,
section 4 of the Public Sector Pension Plans Act.
1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR
365/93) is amended by this Regulation.
Section 3(1) is repealed and the following is substituted:
Application
3(1) This Part applies to all the pension plans referred to in
section 1(a), (b), (
d) and (
e) of the Act.
Section 13 is repealed and the following is substituted:
Temporary saving of former relationship breakdown rules
13(1)
Interpretation provisions in
Part 3 apply in this section.
(2) Notwithstanding
Part 3, either pension partner may file a
matrimonial property order under this
section that reflects the laws that
were applicable with respect to the division and distribution of benefits
before June 24, 2003, and in that case those laws continue to apply with
respect to the division and distribution of the participant pension
partner's benefit.
(3) The right of the pension partners to file under subsection
(2) expires, and this
section is repealed, at the end of December 2004.
4 The following is added after
Part 2:
Part 3
Division and Distribution of Benefits
on Relationship Breakdown
Application of Employment Pension Plans legislation with adaptations to the
Plans
20 The provisions of the Employment Pension Plans Act and the
Employment Pension Plans Regulation (AR 35/2000) respecting the division
and distribution of benefits on the breakdown of the relationship of
pension partners to whom that legislation relates, as adapted for the
purposes of the Plans and contained in this Part, apply with respect to the
Plans and, for the convenience of the user of this Regulation, the
provisions of that legislation, as adapted where applicable, are set out in
full rather than adopted by reference.
Interpretation
21(1) In this Part,
(a) "Closed Management Plan" means the pension plan
referred to in
section 1(
f) of the Act;
(b) "Court" means the Court of Queen's Bench;
(c) "delayed division" means a division where the
distribution is to be delayed under
section 30(1)(c)(ii);
(d) "division date" means
(
i) where the participant pension partner's
pension commencement occurred before the making of the matrimonial property
order, the time when that order is made,
(ii) where there is a delayed division, the
participant pension partner's event date, or
(iii) in any other case, the end date;
(e) "division factor" means the fraction constituting
the proportion of the total pre-division benefit that is awarded or given
to the non-participant pension partner in the matrimonial property order;
(f) "end date" means the time marking the end of the
period of joint accrual;
(g) "event date" means the time
(
i) as of when the participant pension
partner, having terminated, is paid a lump sum or has a lump sum
transferred,
(ii) when the participant pension partner
commences a pension,
(iii) when the participant pension partner
dies, or
(iv) as of when the participant pension
partner transfers the pension entitlement to another registered pension
plan under a reciprocal agreement or other transfer arrangement,
whichever event occurs first;
(h) "file" means file under
section 37;
(i) "matrimonial property order" or "order" means a
matrimonial property order within the meaning of the Matrimonial Property
Act, or a similar order enforceable in Alberta of a court outside Alberta,
that affects the payment or distribution of a pension partner's benefits
and, to avoid doubt, includes a consent order of the Court adopting an
agreement entered into between pension partners in proceedings under the
Matrimonial Property Act providing for the division and distribution of a
benefit;
(j) "non-participant pension partner's share" means the
share referred to in
section 29;
(k) "participant pension partner" means, in relation to
the Plan, the pension partner who is or was the participant in question,
and "non-participant pension partner" means the other pension partner;
(l) "pensionable age" means, in relation to the
participant pension partner and
(
i) in relation to the Local Authorities
Pension Plan and the Public Service Pension Plan, the age of 65 years,
(ii) in relation to the Management Employees
Pension Plan, the age of 60 years, and
(iii) in relation to the Special Forces
Pension Plan and the Closed Management Plan, the age of 55 years;
(m) "pension partner" means a pension partner or former
pension partner, or a spouse or former spouse in the case of the Closed
Management Plan, to whom this Part applies by virtue of
section 22;
(n) "period of joint accrual" means the period whose
beginning and end are specified in the matrimonial property order in
accordance with
section 25(1)(a);
(o) "Plan" means the applicable pension plan referred
to in
section 22(1);
(p) "plan rules" means the plan rules of the Plan in
question and, in the case of the Closed Management Plan, means the rules of
that Plan, as contained in
Schedule 6 to the Act, the regulations
thereunder and the old plan within the meaning of that Schedule;
(q) "total entitlement" means the total benefit, or the
value of that benefit, accrued to the participant pension partner,
calculated in accordance with
section 27;
(r) "total pre-division benefit" means the proportion
of the total benefit, or the value of that proportion, that is accrued
during the period of joint accrual, calculated in accordance with
section
(2) For the purposes of this Part, a participant pension partner is
vested at the relevant time if that person, were he to terminate at that
time, would be entitled to receive a pension immediately or in the future.
(3) Where, under this Part, a commuted value is to be paid or
transferred, then in construing this
Part in relation to the Closed
Management Plan, the relevant provisions in the Management Employees
Pension Plan (AR 367/93) are to be treated as applying to the Closed
Management Plan.
(4) Subject to subsection (3), where a term from the plan rules of
the Management Employees Pension Plan applies by virtue of
section 1(2) and
that term is not used in the Closed Management Plan, then, for the purposes
of this Part, the term is to be treated as having the equivalent meaning
under the Closed Management Plan or as close to it as the comparative
contexts allow.
(5) To avoid uncertainty, for the purposes of this Part, pensionable
service accumulated by the participant pension partner during the period of
joint accrual includes
(
a) all pensionable service that is credited to the
participant pension partner before the end date by reason of a transfer
into the Plan of money under a reciprocal agreement or other transfer
arrangement and that relates to service performed during the period of
joint accrual, and
(
b) all other prior service to the extent that it was
paid for during the period of joint accrual,
but does not include any other prior service.
Application of this
Part
22(1) This Part applies to all the pension plans referred to in
section 3(1) and also to the Closed Management Plan.
(2) Subject to
section 33, this Part applies with respect to the
division and distribution of benefits where, as between pension partners, a
matrimonial property order is filed with the Minister, and this Part
applies notwithstanding any other provision of the Act, the regulations and
the plan rules, and notwithstanding any other rule of law or equity to the
contrary, except that
section 13 prevails over this Part to the extent of
inconsistencies between them.
(3) This Part applies only with respect to a matrimonial property
order made on or after June 24, 2003.
Prevalence of this
Part in relation to benefits
23(1) Notwithstanding the Matrimonial Property Act or any other rule
of law or equity to the contrary, the Court shall not make a matrimonial
property order dividing or distributing a benefit or any portion of a
benefit except in a manner that complies with this Part.
(2) Nothing in subsection (1) prevents the Court from distributing,
under the Matrimonial Property Act, property that is not a benefit in a
manner that takes account of how a benefit is to be divided or distributed
in compliance with this Part.
Effect of matrimonial property orders
24 Subject to this Part, the entitlement of any person to a benefit
is subject to entitlements arising under a matrimonial property order filed
with the Minister.
Requirements for matrimonial property orders
25 A matrimonial property order must specify
(
a) the beginning and end of the period that the
benefit is considered to have jointly accrued for the purposes of the
Matrimonial Property Act,
(
b) whether or not there is to be a delayed division,
and
(
c) the division factor, which must not exceed 50%.
Division and distribution of benefits generally
26 Benefits must be divided between the pension partners, and the
non-participant pension partner's share distributed, in accordance with
this Part and, subject to the foregoing, in accordance with the applicable
matrimonial property order.
Total entitlement
27 The total entitlement, to be calculated as of division date,
(
a) if the participant pension partner is not then
vested, is equal to the value of the participant pension partner's employee
contributions,
(
b) if the participant pension partner has already
commenced to receive a pension, is the pension itself,
(
c) if the non-participant pension partner is entitled
to choose and chooses a delayed division, is the commuted value of the
participant pension partner's pension or the value of any other benefit as
at the event date, and includes the employee contribution excess, if any,
(
d) if the participant pension partner is then vested
and has not yet commenced to receive a pension and the non-participant
pension partner is not entitled to or does not choose a delayed division,
is equal to the commuted value of the pension, calculated as if the
participant pension partner had terminated at the end date and on the
assumption that the participant pension partner will commence to receive
the pension
(
i) if pensionable age has not yet been
reached, at pensionable age, or
(ii) if pensionable age has already been
reached,
(
A) on the date mentioned in
the matrimonial property order, if such a date is so mentioned, or
(
B) if not so mentioned, on the
day following the day on which the order is made.
Total pre-division benefit
28 The total pre-division benefit is to be calculated, as of the
division date, according to the following formula:
A = B x C
where
A = the total pre-division benefit
B = the total entitlement
C = the aggregate of all the pensionable service
accumulated by the participant pension partner in the period of joint
accrual
D = the participant pension partner's total
pensionable service.
Non-participant pension partner's share
29(1) The non-participant pension partner's share is to be
calculated as the total pre-division benefit multiplied by the division
factor.
(2) Where the non-participant pension partner's share is paid or
transferred after the division date, interest is to be paid on it or it is
to be re-computed in the same manner as the plan rules require, where
applicable, in the case of a benefit paid or transferred after termination.
Distribution of non-participant pension partner's share
30(1) The non-participant pension partner's share shall,
(
a) if the participant pension partner was not vested
at the end date, and at the non-participant pension partner's option,
either be paid as a lump sum or transferred to a retirement savings vehicle
belonging to the non-participant pension partner,
(
b) if at the end date the participant pension partner
was vested but was not yet within 10 years of pensionable age and has not
yet commenced to receive a pension, be transferred to a retirement savings
vehicle belonging to the non-participant pension partner, or
(
c) if at the end date the participant pension partner
was vested and was within 10 years of or had already attained pensionable
age and has not yet commenced to receive a pension, at the non-participant
pension partner's option, either
(
i) be transferred to a vehicle referred to
in clause (b), or
(ii) be paid or so transferred at the
participant pension partner's event date.
(2) Notwithstanding subsection (1), if and to the extent that the
non-participant pension partner's share were a benefit under the plan rules
which the plan rules would treat
(
a) as locked in, the share is locked in, or
(
b) as not locked in, the share is not locked in.
(3) Notwithstanding subsections (1) and (2), the non-participant
pension partner's share under the Closed Management Plan is not locked in
except to the extent that it is based on commuted value.
(4) Notwithstanding subsection (1), where a pension has already
commenced to be paid at the time the matrimonial property order is made,
the non-participant pension partner's share is to be paid directly to the
non-participant pension partner in the form of a pension which, for the
purposes of the Plan, is a portion of the participant's pension partner's
pension.
Adjustment of participant pension partner's benefit
31(1) References in this
section to the participant pension
partner's benefit, if the event date is that individual's death, are to the
benefit payable on the death.
(2) After the division date, the Minister shall adjust the
participant pension partner's benefit using the relevant calculations set
out in this section.
(3) If the participant pension partner's pension commencement
occurred before the making of the matrimonial property order or in the
event of a delayed division, the participant pension partner's benefit as
at the division date shall be decreased by the amount of the total
pre-division benefit multiplied by the division factor.
(4) If subsection (3) does not apply, the participant pension
partner's benefit shall be reduced at the participant pension partner's
event date to take into account the non-participant pension partner's share
in accordance with subsections (5) to (7).
(5) If the participant pension partner is not vested at the event
date, the participant pension partner's benefit shall be reduced by the sum
of the non-participant pension partner's share at the end date and interest
thereon from the end date to the event date.
(6) If the participant pension partner's benefit is a pension, the
pension shall be reduced by A where
A = B x C x D x E
B = the total pre-division benefit, calculated on
the assumption (whether so or not) that the participant pension partner was
vested at the end date
C = the division factor
D = the factor, equal to or greater than 1,
representing the compound effect of the annual cost of living increases, if
any, between the end date and the event date, based on actual inflation
measured annually in that period, with cost-of-living increases being
determined using a formula that is consistent with the assumption for
cost-of-living increases applying after termination and prior to pension
commencement inherent in the commuted value calculation under the Plan
E= the factor representing the reduction to be applied
when pension commencement occurs before pensionable age that is certified
by an actuary and approved in writing by the Minister for the purposes of
this provision in respect of the Plan.
(7) If the participant pension partner is vested at the event date
and the participant pension partner's benefit is a lump sum or transferable
amount, that amount, excluding any employee contribution excess, shall be
adjusted by multiplying it by the ratio of (F-A)/F, where
F = the pension that would have been payable had a
pension rather than a lump sum or transfer been chosen, calculated as if
the participant pension partner had terminated on the event date and on the
assumption that the participant pension partner would have commenced to
receive the pension on attaining the age of 55 years or at the event date,
if later,
and
A = the amount A, as set out in subsection (6).
Bar against further claims
32 If the full amount of the non-participant pension partner's
share has been distributed pursuant to this Part,
(
a) that pension partner has no further entitlement to
any benefit or any other right under the Plan, and
(
b) the Minister and the Plan have no further
obligation to that pension partner and have no liability to either pension
partner or any other person by reason only of the fact that the matrimonial
property order was complied with.
Disclosure of information
33(1) In this section, references to pension partners, participant
pension partners or non-participant pension partners include pension
partners or former pension partners, within the meaning of the plan rules,
who are or were married to each other, where a matrimonial property order
is being contemplated.
(2) The Minister shall provide to both pension partners, as soon as
reasonably practicable after receiving both a written request for it from
either and proof that is satisfactory to the Minister of their matrimonial
relationship, a written statement specifying
(
a) an estimate of the total entitlement, calculated
however as of the date of the request rather than the division date, or
such earlier date as is specified in the request,
(
b) the date on which the participant pension partner
became a participant,
(
c) the amount of pensionable service accumulated by
the participant pension partner up to the date referred to in clause (
a) and, if applicable, the amount of pensionable service accumulated during
the period of joint accrual,
(
d) the date, if applicable, on which the participant
pension partner terminated, and
(
e) other information whose disclosure is contemplated
by subsection (5), on request for it.
(3) The Minister is not required to provide the statement referred
to in subsection (2) more than once in a calendar year.
(4) The Minister shall provide to the participant pension partner,
as soon as reasonably practicable after the division takes place, a written
statement containing
(
a) the date the division became effective, and
(
b) a
summary and description of the remaining benefits
to which the participant pension partner will be entitled after the
distribution of the non-participant pension partner's share.
(5) A non-participant pension partner is a prescribed person for the
purposes of
section 9.2(2)(
d) of the Act to the extent that the Minister
considers that the employment information (within the meaning of
section
9.2(1) of the Act) is required
(
a) to determine the entitlement under this Part of a
married or formerly married individual referred to in subsection (1), or
(
b) to complete the division and distribution pursuant
to a filed matrimonial property order.
Application to Court for clarification, etc.
34(1) If, on the filing of a matrimonial property order, the
Minister is unable to comply with it because it is incomplete, it does not
comply with this Part or there is doubt as to what exactly the Minister
must do to comply with it, the Minister may apply to the Court to redress
the situation arising from that inability so to comply.
(2) An application to the Court under subsection (1) is to be by
originating notice in the case of a consent order referred to in
section
21(1)(
i) or by notice of motion in the case of any other matrimonial
property order, in either case supported by an affidavit on 7 days' notice
or any shorter period that the Court allows.
(3) The costs of an application under subsection (1) are to be borne
by both or either of the pension partners, as decided by the Court and, to
the extent that any such costs are paid by the Minister, the Minister has a
right of action in debt against the pension partner or pension partners for
the costs, according to the Court's decision on the costs.
Assignment and protection from execution, etc.
35(1) The division or distribution of a benefit under a matrimonial
property order does not constitute an assignment, charge, anticipation,
giving as security or surrender of an interest of or in the benefit or any
rights for the purposes of the plan rules.
(2) Section 14 applies with respect to both pension partners'
shares.
Fees
36 Subject to
section 34(3), the Minister shall charge no fee for
any services under this Part.
Filing of documents with Minister
37 For the purposes of this Part, a matrimonial property order is
filed only if it or a certified copy of it is served on the Minister by
(
a) leaving it at an office of the Alberta Pensions
Administration Corporation and receiving a receipt for its delivery signed
by any of that corporation's employees, or
(
b) by sending it by registered or certified mail to an
office of that corporation.
5(1) This Regulation is deemed to have come into force on June 24, 2003.
(2) The Public Sector Pension Plans (Legislative Provisions) (Relationship
Breakdown, 2003) Amendment Regulation (AR 206/2003) is deemed never to have
been enacted and, notwithstanding sections 35 and 36 of the
Interpretation
Act, any rights and obligations purporting to be conveyed by that
Regulation and to be acquired and accrued are to be regarded as never
having existed.
------------------------------
Alberta Regulation 384/2003
Income and Employment Supports Act
TRAINING PROVIDER REGULATION
Filed: December 17, 2003
Made by the Minister of Alberta Human Resources and Employment (M.O. 88/03)
on December 17, 2003 pursuant to
section 26 of the Income and Employment
Supports Act.
Table of Contents
Definitions 1
Approval of training programs 2
Tuition-funded programs 3
Duties of training providers 4
Training provider records 5
Withdrawal 6
Acceptable attendance 7
Acceptable progress 8
Refunds 9
Financial security 10
Expiry 11
Coming into force 12
Definitions
1(1) In this Regulation,
(a) "academic term" means a period of study in an approved training
program of not more than 6 months within an academic year;
(b) "academic year" means a period of study in an approved training
program of a minimum 9 months but not more than 12 months;
(c) "acceptable attendance" means acceptable attendance in
accordance with
section 7;
(d) "acceptable progress" means acceptable progress in accordance
with
section 8;
(e) "approved training program" means a program that has been
approved by the Director under
section 2;
(f) "books and supplies" means such books and supplies as are
essential to the successful completion of an approved training program, but
does not include computer hardware;
(g) "Department" means the Department of Human Resources and
Employment;
(h) "learner start date" means the first day of the academic year
of the approved training program in which the full-time learner is
enrolled;
(i) "learner with a disability" means a learner who because of
chronic or permanent physiological or psychological loss of function is
limited in his or her ability to perform activities necessary to
participate in training;
(j) "learner withdrawal date" means the date determined in
accordance with
section 6;
(k) "mandatory fees" means flat-rate charges incurred by all the
learners in an approved training program for libraries, technology,
laboratories and any other facilities the use of which is necessary to both
assist in instruction and program completion, but does not include tuition
fees and fees for health and dental benefits;
(l) "prescribed fees" means mandatory fees and student association
fees;
(m) "student association fees" means the fees that are payable to a
students association for student association activities but effective
August 1, 2004 do not include fees for health and dental benefits;
(n) "tuition-funded program" means an approved training program
whereby the training provider charges tuition fees and other prescribed
fees to learners accepted for enrolment in the program, which fees are paid
by the Department on behalf of learners, up to a total funding allocation
prescribed by the Director.
(2) For the purpose of this Regulation, a full-time learner is a person
who
(
a) subject to clauses (
b) to (f), enrolls in not less than 60% of
an approved training program for full-time learners;
(
b) for learners in the Literacy, Adult Basic Education, and
program for not less than 20 hours per week;
(
c) for learners in an upgrading program at the Grade 10 to 12
level that is intended to prepare learners for further academic or
technical training or employment, enrolls in not less than 18 hours per
week per academic term;
(
d) for learners in an integrated training program approved under
section 2, enrolls in not less than 25 hours per week in the integrated
training program;
(
e) for learners in an occupational training program approved under
section 2, meets the requirements established by the training provider and
accepted by the Department;
(
f) for learners with a disability eligible to receive training
benefits under
section 12 of the Act, enrolls in not less than 40% of an
approved training program for full-time learners.
Approval of training programs
2 The Director may approve a training program offered by a person if
(
a) the person has, at the request of the Director, applied in the
form and manner provided by the Director and within the time specified by
the Director, for the approval of a proposed training program;
(
b) the person has the capacity to carry out the following, in
circumstances where the Director determines it is necessary:
(
i) provide assessment services as required by the
Director;
(ii) provide case management services as required by the
Director;
(iii) provide adequate instruction in the proposed
training program;
(iv) monitor and report on the progress of learners as
required by the Director,
(
A) while the learners are enrolled in the
proposed training program, and
(
B) after the learners have completed the
proposed training program;
(
c) in the opinion of the Director, the person can or is reasonably
likely to be able to meet performance expectations established by the
Director;
(
d) there are employment opportunities for graduates of the
proposed training program or the program will prepare the learner for
further training leading to employment;
(
e) the person is able to provide financial security in a form
acceptable to the Director, if required by the Director;
(
f) the tuition fees and mandatory fees to be charged for the
program are at levels acceptable to the Director;
(
g) the person has demonstrated that it has met the requirements of
any certification or accreditation process required by the Director;
(
h) in the case of a person offering vocational training that
requires licensing under the Private Vocational Schools Act, the person is
so licensed;
(
i) the person agrees in writing to comply with
(
i) this Regulation and other enactments relating to
policies governing the proposed training program, and
(ii) any terms or conditions of approval for the
proposed training program.
Tuition-funded programs
3(1) In the case of a tuition-funded program, the Director may determine
from time to time the total funding allocation for a training provider or
the total number of learners that may be accepted into approved training
programs.
(2) A training provider shall not exceed any maximum funding allocation or
accept more than the number of learners approved by the Director.
Duties of training providers
4(1) A training provider shall, if applicable,
(
a) use the funds granted to a learner in accordance with any terms
or conditions of approval for the approved training program,
(
b) ensure that income support payments provided under
Part 2,
Division 1, of the Act or assistance under the Grants, Donations and Loans
Regulation (AR 315/83) payable to full-time learners are distributed only
to the eligible learner and only if the learner to whom the funds are
payable continues to meet the eligibility requirements of the Act and this
Regulation or under the Grants, Donations and Loans Regulation,
(
c) return to the Director all payments referred to in clause (
b) that have not been distributed within 5 days after the date determined by
the Director,
(
d) ensure that learners are enrolled in the approved training
programs for which they are eligible and have been approved, and monitor
their continuing eligibility,
(
e) charge tuition fees and prescribed fees and the cost of books
and supplies within any funding limits approved by the Director for the
approved training program,
(
f) charge only the tuition fees and prescribed fees that have been
approved for the approved training program, and no other program related
fees,
(
g) charge the same tuition fees and prescribed fees and charge the
same prices for books and supplies to learners as are charged to other
students in the same program,
(
h) charge comparable tuition fees and prescribed fees and charge
comparable prices for books and supplies to learners as are charged to
other students in comparable programs delivered by the training provider,
(
i) ensure that the premises at which the approved training program
will be provided comply with the municipal zoning bylaws and applicable
municipal and provincial public health, safety, fire and building
standards,
(
j) ensure that instructors have the qualifications to teach the
approved training program,
(
k) maintain the requirements of any certification or accreditation
process required as a condition of the approval of the approved training
program,
(
l) notify the Director, within the time and in the form and manner
determined by the Director, about
(
i) learners who have withdrawn, or are considered to
have withdrawn in accordance with
section 6 from an approved training
program,
(ii) learners who have been expelled by the training
provider,
(iii) learners who have not met the acceptable attendance
standards, and
(iv) learners who have not met the acceptable progress
standards,
(
m) at the request of the Director, provide confirmation of any
changes in enrolment,
(
n) monitor and report, as the Director requires, on further
training taken and employment achieved by learners, at such intervals and
for such period following completion of their approved training program, as
the Director requires,
(
o) for each approved training program, continue to meet the
performance expectations required by the Director,
(
p) for each approved training program, maintain the amount of
financial security required in the approval of the training program, and
(
q) use the forms and electronic systems determined by the
Director.
(2) Effective August 1, 2004, the charge for a student association fee may
not exceed $100 in each academic term to a total maximum not exceeding $200
in an academic year.
Training provider records
5(1) A training provider must maintain records for each learner in an
approved training program, in the form and manner determined by the
Director, containing the information required by the Director, if the
information is necessary to administer an approved training program
including, without limitation, the following:
(
a) records of all income support payments and payment of training
benefits distributed to learners by the training provider;
(
b) tuition fees and prescribed fees paid on behalf of learners;
(
c) records of learner attendance, withdrawal or expulsion;
(
d) learner progress records;
(
e) records regarding further training taken and employment
achieved by a learner after completion of an approved training program.
(2) A training provider must retain the records at such place and for such
period as is determined by the Director and may only dispose of the records
in accordance with the standards and procedures determined by the Director.
(3) A training provider must ensure that the personal information that it
collects with respect to learners in an approved training program under the
Act or this Regulation is used and disclosed by it only for the purpose of
providing the approved training program unless the collection, use or
disclosure of the information for some other purpose is authorized by law,
including the Freedom of Information and Protection of Privacy Act.
(4) On reasonable notice and at reasonable times, a training provider must
allow the Director or persons authorized by the Director to enter the
premises where the records are kept and to inspect them.
Withdrawal
6 A learner is considered to have withdrawn from an approved training
program on the earliest of the following dates:
(
a) the day the learner notifies the training provider or the
Director that he or she is withdrawing or has withdrawn;
(
b) the day the learner is expelled by the training provider;
(
c) the day the learner ceases to meet the requirements for
acceptable attendance;
(
d) the day the learner ceases to meet the requirements for
acceptable progress;
(
e) the day the learner completes the program, if it is earlier
than the scheduled completion date.
Acceptable attendance
7(1) Subject to subsection (5), a full-time learner meets the requirements
for acceptable attendance if the learner is present for all scheduled
training in each academic term except for the absences set out in
subsection (2).
(2) A full-time learner must not be absent for more than 5 days on which
classes are scheduled without having provided to the training provider, at
the time the reason for the absence arises, a verified or verifiable
medical or equivalent reason that in the opinion of the training provider
excuses the absence.
(3) The full-time learner may provide the reason under subsection (2) as
soon as practicable if the learner can demonstrate to the training provider
that he or she was not reasonably able to provide it when it arose.
(4) A full-time learner may not be absent from classes for more than 3
consecutive weeks for any reason.
(5) A full-time learner participating in off site distance programs meets
the requirements for acceptable attendance, if the learner meets the
requirements determined by the Director for the particular program.
Acceptable progress
8(1) A full-time learner meets the requirements for acceptable progress if
the learner, unless otherwise determined by the Director, passes all
courses in which the learner must be enrolled to be a full-time learner and
demonstrates the essential competencies needed to successfully complete the
program and to progress to the next level of training or to become
employed.
(2) A part-time learner meets the requirements for acceptable progress if
the learner, unless otherwise determined by the Director, passes all
courses in which the learner is enrolled and demonstrates the essential
competencies needed to successfully complete the courses and to progress to
the next level of training or to become employed.
Refunds
9(1) Training providers must in accordance with this
section refund to the
Minister of Human Resources and Employment funds paid under a
tuition-funded program to the training provider.
(2) Refunds of tuition fees and prescribed fees for a full-time learner
must be calculated in accordance with the following:
(a) 100% of the academic term tuition fees and prescribed fees for
a learner who was accepted and enrolled in an approved training program and
whose funding application has been approved by the Department, but who
never attended the program, less an administration fee;
(b) 75% of the academic term tuition fees and mandatory fees for a
learner if the time period between the learner start date and the learner
withdrawal date is at least 1% and not more than 20% of the academic term;
(c) 40% of the academic term tuition fees and mandatory fees for a
learner if the time period between the learner start date and the learner
withdrawal date is at least 21% and not more than 40% of the academic term;
(
d) no refunds shall be paid when the time period between the
learner start date and the learner withdrawal date is 41% or more of the
academic term.
(3) The refund of tuition fees and prescribed fees must be paid to the
Minister by the training provider within 90 days from the scheduled
commencement date of the academic term from which the learner withdrew.
(4) For the purposes of this section, a full-time learner is no longer
enrolled in an approved training program once the learner has withdrawn or
is deemed to have withdrawn from the program in accordance with
section 6.
(5) The amount of administration fee referred to in subsection (2)(
a) that
a training provider may charge cannot exceed $50 per academic year per
learner.
Financial security
10(1) If the Director requires, a training provider must provide the
Minister with financial security in a form and amount that is acceptable to
the Director.
(2) The Director may declare any security that has been provided by the
training provider under subsection (1) to be forfeited to the Crown in
right of Alberta if
(
a) the training provider is unable to provide or complete an
approved training program, or
(
b) the training provider is required to make refunds under
section
9 and the training provider is unable or refuses to make the refund.
Expiry
11 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2010.
Coming into force
12 This Regulation comes into force on January 1, 2004.
------------------------------
Alberta Regulation 385/2003
Change of Name Act
CHANGE OF NAME AMENDMENT REGULATION
Filed: December 18, 2003
Made by the Minister of Government Services (M.O. R:2015/03) on December
15, 2003 pursuant to
section 30 of the Change of Name Act.
1 The Change of Name Regulation (AR 16/2000) is amended by this
Regulation.
Section 5 is amended by striking out "November 30, 2004" and
substituting "November 30, 2009".
3 The
Schedule is amended by repealing Form 1 and substituting the
attached Form 1.
Alberta Regulation 386/2003
Environmental Protection and Enhancement Act
RELEASE REPORTING AMENDMENT REGULATION
Filed: December 19, 2003
Made by the Minister of Environment (M.O. 63/2003) on December 18, 2003
pursuant to
section 121 of the Environmental Protection and Enhancement
Act.
1 The Release Reporting Regulation (AR 117/93) is amended by this
Regulation.
Section 2(
a) is amended by striking out "Transportation of Dangerous
Goods Control Act" and substituting "Dangerous Goods Transportation and
Handling Act".
Section 3 is repealed and the following is substituted:
Substances regulated by federal Act
3(1) Subject to
section 2(a), where a release of a substance falling
within the Class set out in the first column of the Table in
section 8.1(1)
Part 8 of the Transportation of Dangerous Goods Regulations (SOR
2001-286) under the Transportation of Dangerous Goods Act, 1992 (Canada)
occurs and the release has caused, is causing or may cause an adverse
effect, sections 110 to 112 of the Act and this Regulation apply in respect
of the release only if
(
a) the release is at or in excess of the quantity or
emission levels set out for the substance in the Table in
section 8.1(1) of
Part 8 of the Transportation of Dangerous Goods Regulations (SOR 2001-286),
(
b) the substance is released into a watercourse or
into groundwater or surface water.
(2) Subsection (1)(
b) applies regardless of whether the quantity or
emission level of the release is at or in excess of the levels set out for
the substance in the Table in
section 8.1(1) of
Part 8 of the
Transportation of Dangerous Goods Regulations (SOR 2001-286).
Section 4(1) is amended by striking out "an oral report under
section
111(1) of the Act" and substituting "a report under
section 111(1) of the
Act by telephone or by electronic means".
5 The following is added after
section 4:
Reporting by electronic means
4.1(1) In this section, "reporting system" means a system of
reporting by electronic means provided for in an agreement entered into
under subsection (2).
(2) A person shall only report under
section 111(1) of the Act using
electronic means if the person is a party to a subsisting agreement with
the Department that provides for the system of reporting by electronic
means.
(3) A person reporting under
section 111(1) by electronic means
shall report only through the reporting system provided by the Department.
(4) No person shall interfere with the operation of the reporting
system.
(5) No person shall cause or permit access to the reporting system
unless the person is a party to an agreement under subsection (2).
(6) No person shall cause or permit access to the reporting system
except to information to which the person is entitled access pursuant to an
agreement under subsection (2).
Review
4.2 In compliance with the ongoing regulatory review initiative,
this Regulation must be reviewed on or before November 30, 2013 and not
less frequently than every 10 years after that date.
Section 5 is repealed.
------------------------------
Alberta Regulation 387/2003
Local Authorities Election Act
BALLOT BOX REGULATION
Filed: December 19, 2003
Made by the Minister of Municipal Affairs (M.O. L:147/03) on December 12,
2003 pursuant to
section 159(2)(
b) of the Local Authorities Election Act.
Table of Contents
Definitions 1
Permanent ballot boxes 2
Cardboard ballot boxes 3
Repeal 4
Expiry 5
Schedule
Definitions
1 In this Regulation,
(a) "seal" means a closing device or method applied to a ballot box
in accordance with the Act that must be broken in order for the ballot box
to be opened;
(b) "tape" means tape that has adhesive on one side and is of
sufficient strength that it cannot be removed from a cardboard ballot box
without being cut or without defacing the cardboard ballot box.
Permanent ballot boxes
2 Each ballot box must be made of durable material and so constructed
that ballots can be deposited into the ballot box and cannot be removed
from it unless the seal is broken and the ballot box opened.
Cardboard ballot boxes
3(1) Notwithstanding
section 2, an elected authority may use cardboard
ballot boxes if each cardboard box used
(
a) is constructed of a minimum 175-pound test cardboard,
(
b) meets the following minimum dimensions, as shown in the
Schedule:
(
i) width, 22 centimetres;
(ii) length, 36 centimetres;
(iii) height, 36 centimetres,
(
c) has 4 flaps at each side, as shown in the Schedule, that meet
or overlap when closed and taped, so as to prevent the removal of ballots
unless the ballot box is opened by cutting the tape, and
(
d) has one slot for the deposit of ballots, the width of which is
0.5 centimetre and the location and length of which are discretionary.
(2) A cardboard ballot box must be closed and must be sealed by closing
the flaps and placing a piece of tape over the entire adjoining edges and
the ends of the closed flaps, such that the tape prevents the flaps from
being opened without first cutting the tape.
Repeal
4 The Ballot Box Regulation (AR 144/2000) is repealed.
Expiry
5 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on October 31, 2009.
Schedule
Minimum Dimensions of a Closed
Cardboard Ballot Box
Slot location and slot length are discretionary.
Slot width is 0.5 centimetre.
Alberta Regulation 388/2003
Public Trustee Act
PUBLIC TRUSTEE COMMON FUND INTEREST RATE REGULATION
Filed: December 19, 2003
Made by the Public Trustee on December 9, 2003 pursuant to
section 27(1) of
the Public Trustee Act.
Interest rate
1 On and after February 1, 2004 interest payable in respect of estates,
the money of which forms the Common Fund, shall
(
a) be at the rate of 6% per annum calculated on the minimum
monthly balance held in each estate account, and
(
b) be credited to individual estate accounts on the last day of
each month.
Repeal
2 The Public Trustee Common Fund Interest Regulation (AR 212/2003) is
repealed.
Coming into force
3 This Regulation comes into force on February 1, 2004.
------------------------------
Alberta Regulation 389/2003
Marketing of Agricultural Products Act
ALBERTA SHEEP AND WOOL COMMISSION REGULATION
Filed: December 29, 2003
Made by the Alberta Sheep and Wool Commission on December 15, 2003 pursuant
section 26 of the Marketing of Agricultural Products Act.
Table of Contents
Definitions 1
Service charge 2
Payment of sheep service charge 3
Payment of wool service charge 4, 5
Dealer service charge duties 6
Recovery of the service charge 7
Interest 8
Use of funds 9
Information 10
Legal action 11
Transitional 12
Coming into force 13
Repeal 14
Expiry 15
Definitions
1(1) In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "Commission" means the Alberta Sheep and Wool Commission;
(c) "Council" means the Alberta Agricultural Products Marketing
Council;
(d) "CSIP" means the Canadian Sheep Identification Program
established by the Canadian Sheep Federation in co-operation with the
Canadian Food Inspection Agency;
(e) "dealer" means a person who does any of the following:
(
i) buys wool from a producer;
(ii) acquires wool from a producer for sale on the
producer's behalf;
(iii) acts as an agent for a buyer of wool from a
producer;
(iv) acts as an agent in the buying or selling of wool
and in respect of buying makes direct payment to the producer;
(f) "distributor" means a person authorized by the Commission to
sell CSIP ear tags to producers;
(g) "Plan" means the Alberta Sheep and Wool Commission Plan
Regulation (AR 263/2001);
(h) "producer" means a person who
(
i) breeds, raises, feeds or owns sheep, or
(ii) sells wool that is sheared from sheep owned by that
person;
(i) "purchaser" means a person who purchases wool from a producer
and means a person who receives sheared wool in exchange for services
provided to a producer;
(j) "service charge" means a service charge payable under section
(2) Words used in this Regulation have the same meaning as they do in the
Plan.
Service charge
2(1) A service charge in the amount of $1 for each sheep is payable to the
Commission by every producer.
(2) A service charge in the amount of one cent for each pound of wool or
2.2 cents for each kilogram of wool is payable to the Commission by every
producer.
Payment of sheep service charge
3(1) With respect to the service charge referred to in
section 2(1), the
producer must, in accordance with this Regulation and for the purpose of
carrying out the objects of the Plan,
(
a) pay the service charge to the Commission based on the number of
CSIP ear tags purchased by the producer,
(
b) provide the Commission with written notice of
(
i) the number of CSIP tags purchased,
(ii) the amount of the service charge being paid by the
producer, and
(iii) the name and address of the producer,
and
(
c) account to the Commission for the service charge, in the form
prescribed by the Commission,
by the 25th day of the month next following the month in which the CSIP ear
tags were purchased by the producer.
(2) When purchasing CSIP ear tags from the distributor, the producer must
authorize the distributor to and the distributor must, in accordance with
this Regulation and for the purpose of carrying out the objects of the
Plan,
(
a) collect the service charge from the producer,
(
b) forward the amount of the service charge to the Commission,
(
c) provide the Commission written notification of
(
i) the number of CSIP tags purchased,
(ii) the amount of the service charge being paid by the
producer, and
(iii) the name and address of the producer,
and
(
d) account to the Commission for the service charge, in the form
prescribed by the Commission,
by the 25th day of the month next following the month in which the CSIP ear
tags were purchased.
(3) If the producer or distributor fails to pay the service charge in
accordance with this section, the Commission may invoice the producer or
distributor for the amount of the service charge owing by the producer or
distributor to the Commission.
(4) An invoice under subsection (3) is due and payable on receipt.
(5) Despite subsection (1), if the producer establishes to the
satisfaction of the Commission that the service charge was collected by the
distributor in accordance with subsection (2), the producer is not liable
to the Commission for the amount service charge.
Payment of wool service charge
4(1) With respect to the service charge referred to in
section 2(2), the
producer must
(
a) pay the service charge to the Commission,
(
b) provide the Commission with written notice of
(
i) the number of pounds or number of kilograms of wool
sold by the producer,
(ii) the amount of the service charge being paid by the
producer, and
(iii) the name and address of the producer,
and
(
c) account to the Commission for the service charge, in the form
prescribed by the Commission,
by the 25th day of the month next following the month in which the wool was
sold.
(2) If the total service charge payable for wool sold by a producer in a
calendar year is less than $50, that total service charges may, despite
subsection (1), be paid to the Commission on or before December 31 of that
calendar year.
(3) Despite subsection (1), if the producer establishes to the
satisfaction of the Commission that the service charge was deducted by the
purchaser or dealer in accordance with
section 5 or 6, the producer is not
liable to the Commission for the amount service charge.
Payment of wool service charge
5(1) Despite
section 4, if wool is sold by a producer directly to a
purchaser without engaging the services of a dealer, that purchaser must
(
a) deduct the amount of the service charge from the money payable
to the producer,
(
b) forward the amount deducted to the Commission,
(
c) provide the Commission written notification of
(
i) the number of pounds or number of kilograms of the
wool sold by the producer,
(ii) the amount of the service charge being paid on
behalf of the producer, and
(iii) the name and address of the producer,
and
(
d) account to the Commission for the service charge, in the form
prescribed by the Commission
by the 25th day of the month next following the month in which the wool was
purchased.
(2) If the total service charge payable for wool bought by a purchaser
from a producer without engaging the services of a dealer in a calendar
year is less than $50, the total service charges may, despite subsection
(1), be paid to the commission on or before December 31 of that calendar
year.
Dealer service charge duties
6(1) If a dealer is engaged in the purchase and sale of wool, the dealer
must
(
a) deduct the amount of the service charge from the money payable
to the producer,
(
b) forward the amount deducted to the Commission,
(
c) provide the Commission written notification of
(
i) the number of pounds or number of kilograms of wool
sold by the producer,
(ii) the amount of the service charge being paid on
behalf of the producer, and
(iii) the name and address of the producer,
and
(
d) account to the Commission for the service charge, in the form
prescribed by the Commission
by the 25th day of the month next following the month in which the wool was
sold.
(2) If the total service charge payable by a dealer in a calendar year is
less than $50, the total service charges may, despite subsection (1), be
paid to the Commission on or before December 31 of that year.
Recovery of the service charge
7(1) The amount of the service charge that
(
a) is not paid to the Commission by the producer in accordance
with sections 3(1) and 4(1),
(
b) is not collected and forwarded to the Commission by the
distributor in accordance with
section 3(2), and
(
c) is not deducted and forwarded to the Commission by the
purchaser or dealer in accordance with
section 5(1) or 6(1)
is a debt owing to the Commission and the Commission may take legal action
to recover the service charge.
(2) If
section 3(2) applies, the producer and distributor are jointly and
severally liable to the Commission for the amount of the service charge.
(3) If
section 5 applies, the producer and purchaser are jointly and
severally liable to the Commission for the amount of the service charge.
(4) If
section 6 applies, the producer and dealer are jointly and
severally liable to the Commission for the amount of the service charge.
Interest
8 Interest at the rate of 1.5% per month is payable to the Commission on
any late payment to the Commission of a service charge and any interest
owing in respect of that service charge.
Use of funds
9(1) In this section, "funds" includes the following:
(
a) service charges;
(
b) interest payable under this Regulation;
(
c) any other money received or earned by the Commission;
(
d) any interest that accrues from maintaining the money referred
to in clauses (a), (
b) and (c).
(2) Any funds received by the Commission may be used by the Commission for
the purpose of paying its expenses and for administering and enforcing
(
a) the Act,
(
b) the Plan,
(
c) this Regulation,
(
d) any other regulations made under the Act insofar as those
enactments relate to the Plan and the operations of the Commission, and
(
e) any direction or order of the Council or the Commission.
(3) The Commission may establish one or more accounts for the payment of
any funds that may be required for the purposes referred to in subsection
(2).
Information
10(1) The Commission or any authorized representative of the Commission
may request a person engaged in the marketing or processing of the
regulated product to furnish to the Commission any information relating to
the marketing or processing of the regulated product that the Commission
considers necessary for the purposes of administering and enforcing
(
a) the Plan,
(
b) this Regulation, and
(
c) any other regulation made under the Act in respect of the Plan
or the Commission.
(2) Where a person receives a request for information under subsection
(1), that person must deliver the information to the Commission on or
before the 25th day of the month next following the month in which the
request for the information is made.
Legal action
11 The Commission may recover by legal action
(
a) the amount of any service charge that is not deducted and paid
as required by this Regulation,
(
b) any interest payable under this Regulation, and
(
c) any legal costs on a solicitor-client basis incurred in the
recovery of any amount referred to in clauses (
a) and (b).
Transitional
12 In accordance with
section 36 of the
Interpretation Act all rights and
obligations under the Alberta Sheep and Wool Commission Regulation (AR
319/98) continue as rights and obligations under this Regulation.
Coming into force
13 This Regulation comes into force on January 1, 2004.
Repeal
14 The Alberta Sheep and Wool Commission Regulation (AR 319/96) is
repealed.
Expiry
15 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on February 28, 2007.
------------------------------
Alberta Regulation 390/2003
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: December 29, 2003
Made by the Alberta Energy and Utilities Board on December 19, 2003
pursuant to
section 73 of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Regulation (AR 151/71) is amended by this
Regulation.
Section 16.530(1) is repealed and the following is substituted:
16.530(1) For the 2004-2005 fiscal year of the Board the orphan fund
levy payable by a licensee is calculated in accordance with the following
formula:
Levy = A x $9 000 000
where
A is the licensee's deemed liability on January
3, 2004 for all facilities, wells and unreclaimed sites licensed to the
licensee, as calculated in accordance with Interim Directive 2001-8, and
B is the sum of the industry's liability on
January 3, 2004 for all licensed facilities, wells and unreclaimed sites,
as calculated in accordance with Interim Directive 2001-8.
------------------------------
Alberta Regulation 391/2003
Alberta Energy and Utilities Board Act
ALBERTA ENERGY AND UTILITIES BOARD RULES OF
PRACTICE AMENDMENT REGULATION
Filed: December 31, 2003
Made by the Alberta Energy and Utilities Board on December 23, 2003
pursuant to
section 29(3) of the Alberta Energy Utilities Board Act.
1 The Alberta Energy and Utilities Board Rules of Practice (AR 101/2001)
are amended by this Regulation.
Section 55(2) is amended by adding the following after clause (h):
(h.1) in a utilities proceeding, the participant took
part in the
proceeding for the sole purpose of protecting the participant's business
interests;
------------------------------
Alberta Regulation 392/2003
Apprenticeship and Industry Training Act
ELECTRICIAN TRADE AMENDMENT REGULATION
Filed: December 31, 2003
Made by the Alberta Apprenticeship and Industry Training Board on December
12, 2002 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1 The Electrician Trade Regulation (AR 274/2000) is amended by this
Regulation.
Section 1(
c) is amended by adding the following after subclause (xi):
(xii) grounding and bonding systems;
Section 3 is amended
(
a) by repealing clause (g)(xi) and substituting the following:
(xi) oil, gas, coal, electric or wood burner control
systems, or any combination of them, and associated wiring;
(
b) in clause (
i) by adding the following after subclause (ii):
(iii) grounding and bonding systems;
(
c) by repealing clause (m)(iii) and substituting the following:
(iii) oil, gas, coal, electric or word burner control
systems, or any combination of them, and associated wiring;
Section 5(2) is repealed and the following is substituted:
(2) A person who is a certified journeyman in the trade or employs a
certified journeyman in the trade may employ one apprentice and one
additional apprentice for each additional certified journeyman in the trade
that is employed by that person.
Section 9 is amended by striking out "August 31, 2004" and substituting
"August 31, 2014".
------------------------------
Alberta Regulation 393/2003
Apprenticeship and Industry Training Act
HEAVY EQUIPMENT TECHNICIAN TRADE AMENDMENT REGULATION
Filed: December 31, 2003
Made by the Alberta Apprenticeship and Industry Training Board on December
12, 2002 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1 The Heavy Equipment Technician Trade Regulation (AR 282/2000) is
amended by this Regulation.
Section 17(
d) is amended by striking out "clauses (
a) to (c)" and
substituting "clauses (
a) to (c.1)".
Section 28(2) is repealed and the following is substituted:
(2) Subject to the Employment Standards Code, a person employing an
apprentice referred to in subsection (1) must pay wages to the apprentice
that are at least equal to the following percentages of the wages paid to
employees who are certified journeymen in the transport trailer mechanic
branch of the trade:
(a) 60% in the first period of the apprenticeship
program;
(b) 70% in the 2nd period of the apprenticeship
program.
------------------------------
Alberta Regulation 394/2003
Apprenticeship and Industry Training Act
TRADES (EXPIRY CLAUSE) AMENDMENT REGULATION
Filed: December 31, 2003
Made by the Alberta Apprenticeship and Industry Training Board on December
12, 2002 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1(1) The Medium Boom Truck Operator Exception Regulation (AR 87/2002) is
amended by this section.
(2) Section 8 is amended by striking out "Registration" and substituting
"Regulation" and by striking out "June 30, 2004" and substituting "June 30,
2008".
2(1) The Outdoor Power Equipment Technician Trade Regulation (AR 47/2001)
is amended by this section.
(2) Section 21 is amended by striking out "March 31, 2004" and
substituting "March 31, 2008".
3(1) The Automotive Service Technician Trade Regulation (AR 262/2000) is
amended by this section.
(2) Section 9 is amended by striking out "August 31, 2004" and
substituting "August 31, 2013".
4(1) The Boilermaker Trade Regulation (AR 264/2000) is amended by this
section.
(2) Section 9 is amended by striking out "August 31, 2004" and
substituting "August 31, 2013".
5(1) The Cook Trade Regulation (AR 271/2000) is amended by this section.
(2) Section 9 is amended by striking out "August 31, 2004" and
substituting "August 31, 2012".
6(1) The Plumber Trade Regulation (AR 295/2000) is amended by this
section.
(2) Section 9 is amended by striking out "August 31, 2004" and
substituting "August 31, 2014".
7(1) The Roofer Trade Regulation (AR 301/2000) is amended by this section.
(2) Section 9 is amended by striking out "August 31, 2004" and
substituting "August 31, 2009".
8(1) The Welder Trade Regulation (AR 311/2000) is amended by this section.
(2) Section 9 is amended by striking out "August 31, 2004" and
substituting "August 31, 2014".